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UNIVERSITY 

OF  PITTSBURGH 

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LIBRARY 

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.L^ 


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THE 


COLONIAL  RECORDS 


W^^ 


NORTH  CAROONA  ;       ^ 


PUBLISHED  UNDER  THE  SUPERVISION  OF  THE  TRUS- 
TEES OF  THE  PUBLIC  LIBRARIES,  BY  ORDER 
OF  THE  GENERAL  ASSEMBLY 


COLLECTED  AND  EDITED 

BT 

WILLIAM    L.    SAUNDERS 

SECRETARY  OF  STATE 


VOL.  IV-1734  TO  1752 


RALEIGH 

P.    M.    HALE,    PRINTER    TO    THE    STATE 

1886 


Copyright,  1S86,  by  William  L.  Saunders,  Secretary  of  State, 
for  the  benefit  of  the  State  of  North  Carolina. 


PRESSES  OF  E.  M.   UZZELL, 
RALEIGH,    N.    C. 


V>oJ 


PREFATORY  NOTES  TO  FOURTH  VOLUME. 


Tlie  fourth  volume  covers  the  period  of  Governor  Johnston's  admin- 
istration, the  longest  known  in  the  annals  of  North  Carolina. 

Governor  Gabriel  Johnston,  the  successor  of  Burringtou,  was  a  Scotch- 
man by  birth,  and  received  his  education  in  the  University  of  St.  Andrews. 
He  also  spent  a  few  years  in  studying  medicine,  after  which,  still  in  early 
manhood,  he  was  made  professor  of  the  oriental  languages  in  St.  An- 
drews. Later  still,  he  removed  to  London,  where  he  employed  himself 
as  a  political  writer  with  such  effect  that  he  was  appointed  Governor  of 
North  Carolina,  Spence  Compton,  Baron  of  Wilmington,  being  his  chief 
patron. 

His  administration  began  on  the  2d  November,  1734,  when  he  took 
the  oaths  of  office  at  Brunswick,  and  continued  till  his  death,  which 
occurred  on  17th  July,  1752. 

Unlike  his  immediate  predecessors.  Governor  Johnston  was  neither  a 
profane  man  nor  a  drunkard,  and  he  has  come  down  to  us  with  the 
enviable  reputation  of  having  done  more  to  promote  the  prosperity  of 
the  colony  than  perhaps  all  the  other  colonial  governors  put  together. 

One  of  our  historians  goes  so  far  as  to  say  that  he  deserved  the  grati- 
tude of  every  citizen  of  North  Carolina  as  a  statesman,  a  scholar  and  a 
patriot.  Another  lauds  him  as  a  general  benefactor  of  the  province  and 
its  special  patron  of  learning,  declaring  that  he  was  so  earnest  in  his 
efforts  to  advance  the  cause  of  education  that  he  urged  its  inrportance 
upon  every  Legislature  during  his  stay  here.  A  still  later  writer  says  he 
was  the  ablest  of  all  the  colonial  governors,  not  less  distinguished  for  his 
energy  and  prudence  than  for  his  extensive  classical  and  scientific  attain- 
ments. Chalmers,  who  lived  nearer  to  his  time  than  any  other  histo- 
rian, says  "he  was  a  man  of  sufficient  knowledge  and  prudence,  but 
wliose  experience  degenerated  a  little  into  cunning." 


PEEFATORY  NOTES. 


It  may  well  be  doubted,  however,  in  view  of  the  facts  now  presented, 
whether  his  enviable  reputation  has  a  sure  foundation.  The  fact  that  his 
brother  was  tiie  founder  of  a  distinguished  and  influential  family,  and  that 
a  noted  fort  and  a  prominent  county  in  the  State  have  borne  his  name, 
and  the  further  fact  that  the  province  grew  and  thrived  greatly  during 
his  administration,  have  doubtless  had  much  to  do  with  creating  and 
perpetuating  a  favorable  public  opinion  in  regard  to  him.  But  the  fact 
that  a  county  was  named  after  him  proves  nothing,  unless  it  be  that  our 
ancestors  were  wise  in  their  day  and  generation,  for  every  royal  Governor, 
save  Burrington,  was  thus  honored,  just  as  in  the  days  of  the  Proprietary 
Government,  the  Lords  Proprietors  were  the  recipients  of  such  honors. 
At  the  breaking  out  of  the  Revolution  there  were  four  counties  in  North 
Carolina  named  after  Royal  Governors,  viz :  Johnston,  Dobbs,  Tryon  and 
Martin.  Wake  county,  too,  may  almost  be  put  in  the  same  list,  for  it 
was  named  after  Esther  Wake,  a  sister  of  Governor  Tryon's  wife.  lu 
the  course  of  time,  after  the  Revolutionary  fever  had  reached  its  height, 
Dobbs  and  Tryon  counties  disappeared,  Glasgow  and  Lenoir  in  the 
east  and  Lincoln  and  Rutherford  in  the  west  taking  their  places.  Wake 
county  came  very  near  sharing  the  same  fate,  but  when  the  proposition 
was  made  in  the  Legislature  to  change  its  name,  it  was  replied  that  the 
county  was  named  after  a  woman  who  was  as  charming  in  manner  as 
lovely  in  person,  and  with  one  consent,  our  gallant  ancestors  declared 
the  name  should  remain,  and  it  is  to  be  iioped  it  will  ever  remain  as  a 
memorial,  not  only  of  the  beauty  and  attractions  of  Esther  Wake,  but 
of  the  gallantry  of  our  forefathers. 

Neither  does  the  fact  that  the  province  advanced  rapidly  and  steadily 
during  his  administration  prove  anything,  if  it  be  remembered  that  the 
province  had  already  entered  upon  and  was  well  on  the  way  in  a  career  of 
prosperity  before  he  landed  upon  our  shores.  And  in  the  matter  of  his 
efforts  to  advance  the  cause  of  education,  the  truth  seems  to  be  that  in  all 
the  years  he  was  Governor  of  the  province.  Governor  Johnston  called  the 
attention  of  the  Legislature  to  tlie  subject  only  one  time — an  eif'ort  that, 
made  shortly  after  his  arrival,  scorns  to  iiave  exhausted  his  interest  in 
the  subject. 


PREFATORY  NOTES. 


Indeed,  so  far  as  now  appears,  if  he  had  any  influence  whatever  upon 
the  province  it  was  to  retard  its  growth.  His  intentions  donbtless  were 
good,  and  his  motives  pure  enough,  hut  he  was  exceedingly  arbitrary,  not 
to  say  unscrupulous,  in  liis  methods.  In  one  case,  according  to  his  own 
admission,  he  sought  to  procure  the  passage  of  a  bill  he  favored  by  call- 
ing the  Legislature  together  at  a  time  and  place  that  would  prevent  its 
opponents  from  being  jiresent,  and,  he  significantly  adds,  "some  of  tiie 
most  troublesome  leading  men  were  prevailed  upon  to  be  absent;"  but  it 
was  all  in  vain.  At  another  time,  using  similar  means  in  behalf  of  an- 
other measure,  he  was  more  successful,  but  the  "  management,"  as  he 
called  it,  was  so  glaring  that  the  Crown' refused  to  accept  the  fruits  of  it, 
though  much  desired  and  much  to  its  advantage. 

At  still  another  time,  when  he  wished  to  move  the  seat  of  government 
from  Brunswick  to  Newton,  the  place  he  afterwards  named  Wilmington, 
in  honor  of  his  patron,  the  Earl  of  Wilmington,  his  course  was  equallv 
arbitrary,  to  call  it  by  no  harsiier  name..  There  were  eight  members  of 
the  Upper  House,  four  of  whom  voted  against  the  bill  for  the  removal, 
and  four,  including  the  presiding  officer,  voted  for  it.  The  presiding 
officer.  Chief  Justice  Smith,  claimed  the  right  to  give  a  casting  vote,  and 
having  done  so,  that  is  to  say,  having  voted  twice  in  fiivor  of  the  bill,  de- 
clared it  had  passed,  aud  sent  it  to  the  Governor.  The  Governor,  there- 
upon, formally  gave  his  assent  to  the  bill,  and  announced  that  he  would 
regard  all  bills  passed  in  that  way  as  being  legally  enacted. 

At  still  another  time,  when  he  wished  to  save  Chief  Justice  Smith  from 
impeachment  and  trial  for  malfeasance  in  office,  he  induced  members  of 
the  Legislature  to  absent  themselves,  and  then  a  quorum  not  being  pres- 
ent he  dissolved  the  Legislature  for  want  of  a  quorum  and  sent  tiie 
members  home. 

In  spite  of  all  his  "management,"  however,  he  seems  to  have  been 
but  little  if  any  more  successful  in  controlling  the  Legislatures  of  his 
day  than  were  his  predecessors,  and  was  in  favor  neither  with  the  jjeople 
in  the  province  nor  the  government  at  home  in  England.  One  of  his  first 
acts  as  Governor  was  to  initiate  a  bitter  quarrel  with  the  leading  men  of 
the  Ca[)e  Fear  on  the  subject  of  the  Blank  Patents,  as  they  were  called, 
in  which  he  alleged  that  the  grossest  fraud  had  been  perpetrated.    Later, 


PREFATORY  NOTES. 


his  quarrel  was  with  the  Albemarle  counties,  in  which  he  sought  to  de- 
prive them  of  the  greater  part  of  their  representation  in  the  Legislature. 
He  quarrelled  also  with  McCulloh,  the  Receiver  General.  In  turn,  Cor- 
bin,  the  agent  of  Lord  Granville,  Child,  the  Attorney  General,  and  others, 
backed  by  Dobbs,  afterward  Governor,  and  others,  preferred  charges 
of  various  sorts  against  him  before  the  government  authorities  in  England. 
The  Board  of  Trade,  too,  constantly  complained  that  he  was  negligent 
and  remiss  in  his  duty  as  Governor,  especially  in  the  matter  of  corre- 
spondence. 

Governor  Johnston  was  doubtless  well  enough  versed  in  the  learning 
of  the  books,  and  doubtless,  too,  he  was  not  unacquainted  with  the  learn- 
ing so  easily  to  be  acquired  in  London  under  Walpole's  administration, 
as  to  the  "management"  of  legislative  bodies.  It  not  unfrequently 
happens,  however,  that  a  mere  scholar  is  unfitted  to  grapple  with 
the  practical  details  of  daily  life.  Especially  is  a  mere  theorist  unfit- 
ted to  solve  the  problems  that  constantly  present  themselves  in  fron- 
tier life.  Had  Johnston  been  a  practical  man,  he  would  have  seen 
the  importance  of  auswering  the  queries  annually  propounded  to  him 
by  the  Board  of  Trade  as  to  the  material  condition  of  the  province, 
its  resources  and  development,  and  we  would  not  have  been  left  so 
much  to  conjecture  in  that  regard.  Had  he  been  a  man  of  practical 
business  capacity,  he  would  certainly  have  collected  money  enough  to  pay 
his  own  salary  and  the  salary  of  the  other  officers  of  the  Government. 
As  it-was,  when  he  died  his  salary  was  thirteen  years  in  arrears — years 
during  which  tlie  province  had  grown  greatly  in  wealth  and  population. 
His  salary  was  £1,000  per  annum,  and  he  might  have  paid  himself  out 
of  the  Quit  Rents  under  his  Instructions  if  he  had  collected  them.  Had 
he  been  a  practical  man,  he  would  have  counted  the  cost,  to  say 
nothing  of  the  chances  of  success,  before  entering  upon  a  quarrel  like 
that  with  the  northern  counties,  the  outcome  of  which  he  ought  to  have 
known  would  be  confusion  and  anarcJiy,  if  not  open  insurrection,  tiiat  he 
was  helpless  to  suppress.  But  counting  the  cost  and  weighing  chances 
of  success,  he  seemed  to  think  not  worth  considering.  Sharp  practice, 
intrigue,  "management,"  as  he  termed  it,  and  the  manifold  devices  of 
a  cunning  nature,  were  much  more  to  his  taste.     But  they  availed  not 


PREFATORY  NOTES. 


with  a  people  who  "could  neitiicr  be  outwitted  nor  cajoled,  and  who 
always  behaved  insolently  to  their  Governors." 

But  what  better  could  have  been  expected  from  a  man  who,  going 
from  the  atmosphere  of  a  Scotch  University  to  that  of  a  London  politi- 
cal writer  at  a  time  when  political  writings  were  characterized  by  "equal 
animosity  and  argument,"  was  suddenly  transplanted  to  the  wilds  of 
America  and  made  Governor  not  because  of  his  fitness  for  the  place,  but 
as  a  reward  for  his  vigor  or  his  zeal  in  the  defence  of  his  patron? 

In  a  word,  our  present  knowledge  of  the  condition  of  the  province 
during  his  administration  does  by  no  means  justify  the  impression 
that  he  exerted  any  influence  for  good  on  its  destinies.  Nor  does 
it  increase  our  respect  for  him  as  a  man,  after  bringing  about  a  de- 
plorable state  of  aifairs,  to  find  him  complaining  to  -the  authorities  in 
England,  that  without  help  from  there  he  could  not  much  longer  main- 
tain even  the  semblance  of  a  government,  a  complaint  that  he  had  occa- 
sion to  make  more  than  once  during  his  administration.  Nor  does  it 
improve  one's  regard  for  his  memory  to  find  him  abusing,  as  "wild  and 
barbarous,"  the  people  he  could  not  mould  to  his  will. 

It  is  difficult  to  believe,  too,  that  a  man  could  have  exercised  a  con- 
trolling influence  in  a  province  witiiout  leaving  some  record  showing  the 
fact.  Governor  Johnston  left  no  such  record.  In  none  of  the  many 
papers  he  wrote  during  the  eighteen  years  he  was  Governor  is  there  any- 
thing by  which  we  may  form  an  estimate  of  the  population  of  the  prov- 
ince or  its  material  growth.  Happily,  Burrington  and  Dobbs  left  us  infor- 
mation by  which  its  condition  at  the  beginning  and  at  the  end  of  John- 
ston's administration  may  be  known. 

Of  his  quarrel  about  the  Blank  Patents,  that  with  the  northern  counties, 
that  with  McCulloh,  and  those  about  the  currency,  the  King's  Quit  Rents, 
about  the  Chief  Justice,  about  the  removal  from  Brunswick  to  Wilming- 
ton, the  records  are  full  enough,  but  nowiiere  do  we  find  a  word  from  him 
to  show  the  condition  of  the  agricultural,  commercial  or  manufacturing 
interest  of  the  province,  aud  but  once  any  reference  to  the  great  tide  of 
population  that  was  so  rapidly  filling  up  the  western  section  of  the  prov- 
ince. In  this  regard  he  was  inferior  to  Burrington,  and  greatly  inferior 
to  both  Dobbs  and  Tryon.     It  may  be  that,  in  the  later  years  of  his  life. 


PREFATORY  NOTES. 


his  mind  grew  weak,  as  it  was  said,  but  that  was  no  excuse  for  his  inef- 
ficiency in  tlie  early  years  of  his  administration. 

But,  perhaps  after  all,  Governor  Johnston's  great  fault  was  not  that  of 
the  individual,  but  the  fault  of  the  age  in  which  he  lived,  an  age  that 
regarded  a  province  simply  as  a  mine,  to  be  worked  solely  for  the  profit 
of  its  owner,  the  King.  Accordingly,  never  during  his  whole  admin- 
istration did  he  seem  to  think  the  colonist  subjects  had  any  rights 
that  he,  as  the  King's  representative,  was  bound  to  respect,  and  so,  when 
he  found  upon  his  arrival  in  tiie  country  that  of  all  of  the  proprietary 
statutes  only  six  had  been  confirmed  by  the  Lords  Proprietors,  as  had 
been  required  by  a  practically  dead  provision  of  the  law,  he  proceeded 
to  declare  all  of  the  unconfirmed  laws  to  be  null  and  void  wherever, 
in  his  opinion,  trenching  upon  the  King's  prerogative.  To  promote  the 
interest  of  the  King  and  to  magnify  his  prerogative,  seemed  to.have  been 
the  mainspring  to  every  action  during  his  administration.  Many  masters 
doubtless  have  had  more  discreet  servants,  but  none  one  more  zealous  than 
was  Johnston. 


In  1735,  was  run  the  first  or  eastern  part  of  the  boundary  line  between 
North  and  Soutii  Carolina.  It  began  at  the  mouth  of  Little  River,  on 
the  seashore,  thirty  miles  below  the  mouth  of  Cape  Fear  River,  and 
was  extended  in  a  northwest  direction  64^  miles,  to  a  point  two  miles 
northwest  of  one  of  the  branches  of  Little  Pedee.  In  1737,  the  line 
was  extended  in  the  same  direction  22  miles,  to  a  stake  in  a  meadow, 
erroneously  supposed  to  be  at  the  poiut  of  intersection  with  the  35th  par- 
allel of  north  latitude.  The  Commissioners  on  the  part  of  North  Caro- 
lina were  Robert  Halton,  Eleazer  Allen,  Mathew  Rowan,  Edward  Mose- 
ley  and  Roger  Moore. 

In  1738,  the  act  was  ^jassed  appointing  sheriffs  in  the  place  of  the 
marshal  and  his  deputies  in  the  province,  directing  the  mode  of  choosing 
them  and  prescribing  their  duties,  and  providing  that  the  precincts 
should  be  called  counties. 

In  September,  1739,  "Dugald  McNeal,  Col.  McAlister  and  several 
other  Scotch  gentlemen,"  arrived  with  three  hundred  and  fifty  Scotch 
people,  doubtless  in  the  Cape  Fear  country,  and,  in  1740,  at  the  ensuing 


PREFATORY  NOTES. 


session  of  the  Legislature,  made  application  for  substantial  encourage- 
ment, that  they  might  be  able  to  induce  the  rest  of  their  friends  and 
acquaintances  to  come  over.  Upon  reading  tiie  petition,  the  Upper 
House  came  to  the  following  resolutions,  viz.: 

Resolved  that  the  Persons  mentioned  in  the  said  Petition,  shall  be  free 
from  payment  of  any  Pnblick  or  County  tax  for  ten  years  next  ensue- 
ing  their  Arrival. 

Resolved  that  towards  their  subsistance  the  sum  of  one  thousand 
pounds  be  paid  out  of  the  Publick  money,  by  his  Excellency's  warrant 
to  be  lodged  with  Duncan  Campbell,  Dugald  M°Neal,  Daniel  M°Neal, 
Coll.  APAlister  and  Neal  M°Neal  Esq"  to  be  by  them  distributed  among 
the  several  families  in  tiie  said  Petition  mentioned. 

Resolved  that  as  an  encouragement  for  Protestants  to  remove  from 
Europe  into  this  Province,  to  settle  themselves  in  bodys  or  Townships, 
That  all  such  as  shall  so  remove  into  this  Province,  Provided  they  exceed 
forty  persons  in  one  body  or  Company,  they  shall  be  exempted  from  pay- 
ment of  any  Publick  or  County  tax  for  the  space  of  Ten  years,  next 
ensueing  their  Arrival. 

Resolved  that  an  address  be  presented  to  his  Excellency  the  Governor 
to  desire  him  to  use  his  Interest,  in  such  manner, as  he  shall  think  most 
proper  to  obtain  an  Instruction  for  giveing  encouragement  to  Protest- 
ants from  foreign  parts,  to  settle  in  Townships  .within  this  Province,  to 
be  set  apart  for  that  purpose  after  the  manner,  &  with  such  priviledges 
and  advantages,  as  is  practised  in  South  Carolina. 

The  Lower  House  concurred  with  the  several  resolves  of  the  Upper 
House  save  that  relating  to  the  thousand  pounds,  which  was  held  over  till 
the  next  Assembly  for  consideration.  This  was  on  the  29th  February, 
1740.  Further  consideration  was  shown  to  the  new  comers  on  the  next 
day  by  the  appointment  by  the  Governor  and  Council  of  Duncan  Camp- 
bell, Dugald  McNeil,  Dan.  McNeil,  Col.  McAlister  and  Neil  McNeil 
as  magistrates  for  the  county  of  Bladen,  being  the  first  Scotch  names 
that  appear  in  the  record  of  magistrates  for  Bladen  county. 

Among  other  charges  brought  against  the  Governor  was  an  inordinate 
fondness  for  his  brother  Scotchmen,  even  Scotch   rebels.     His  partiality 


PREFATORY  NOTES. 


for  this  latter  class  of  Scotchmen,  it  was  said,  was  so  great,  and  his  lack 
of  joy  at  the  King's  "glorious  victory  at  Culloden"  was  so  conspicuous, 
that  he  was  accused  of  a  want  of  fealty  to  the  House  of  Hanover.  It 
was  charged,  too,  that  he  had  dispossessed  the  poor  Palatines  of  their 
lands  on  the  Neuse  to  make  room  for  Scotch  rebels.  His  denial  of  these 
charges  was  very  emphatic,  and  doubtless  quite  true.  But  for  all  this, 
it  is  also  true,  probably,  that,  like  other  Scotchmen,  he  was  fond  of  the 
people  of  his  native  country,  and  sought  to  better  their  condition  by 
inducing  them  to  emigrate  to  North  Carolina ;  and  in  this  he  showed  a 
commendable  regard  both  for  his  brethren  and  for  the  province. 

In  1740,  England  having  declared  war  against  Spain,  over  four  hun- 
dred men  were  raised  in  the  Colony,  and  distributed  into  four  companies 
for  service  in  tlie  expedition  against  St.  Augustine.  Two  hundred  more 
could  have  been  easily  raised  if  it  had  been  possible  to  negotiate  bills  of 
exchange  so  as  to  get  ready  money.  The  troops  embarked,  some  at 
Cape  Fear  and  some  at  Edenton.  Three  of  the  companies  were  raised 
in  the  northern  counties.  The  Legislature  appropriated  £1,200  sterling 
to  aid  in- the  expedition.  Early  in  the  following  year  these  troops  were 
transported  from  Florida  to  Jamaica,  and  there  embarking  on  board  the 
British  fleet,  under  command  of  Admiral  Vernon,  sailed  to  the  harbor 
of  Carthagena,  in  South  America,  where  they  took  part  in  the  attack  on 
Fort  St.  Lazarus. 

In  1744,  Lord  Granville's  one-eighth  part  of  Carolina,  under  the  origi- 
nal grants  from  King  Charles,  was  set  off  to  him  by  grant  from  King- 
George,  entirely  in  North  Carolina,  all  that  territory  lying  between  the 
Virginia  line  on  the  north  and  the  parallel  of  35°  34'  on  the  south, 
being  thus  set  off  to  him.  The  line  ran  near  or  tiirough  the  old  town 
of  Bath,  the  present  towns  of  Snow  Hill  and  Princeton,  along  the  south- 
ern borders  of  the  counties  of  Chatham,  Randolph,  Davidson  and  Rowan, 
a  little  below  the  southern  border  of  Catawba  county  but  not  as  low 
down  as  Lincolnton,  and  so  on  west  to  the  Mississippi.  In  the  winter 
of  1743-'44  the  line  was  run  from  the  coast  to  the  town  of  Bath,  and 
in  the  spring  of  1 746  from  Bath  to  Peter  Parker's  house,  on  the  west  side 
of  Cape  Fear  River,  now  the  southeast  corner  of  Chatham  county.  The 
reason  given  by  the  Commissioners  for  not  continuing  the  line  at  that 


PREFATORY  NOTES. 


time  (10th  April,  1746),  was,  among  others,  that  it  was  not  then  practi- 
cable, they  said,  the  country  "being  very  tiiinly  peopled,  nor  can  we  be 
supplied  either  with  corn  for  the  horses  or  provisions  for  onrselves  and 
those  employed  by  ns  there  being  no  inliabitants- that  can  assist  us  to  the 
west  of  Saxapahaw  River." 

In  1747,  several  small  sloops  and  barcalonjos  crept  along  the  coast  from 
St.  Augustine,  full  of  armed  men,  mostly  mulattoes  and  negroes,  their 
small  draught  securing  them  from  the  attacks  of  the  only  sliip  of  war 
then  on  our  coast.  They  landed  at  Ocacock,  Core  Sound,  Bear  Inlet  and 
Cape  Fear,  where  they  killed  several  people,  burned  some  ships  and 
small  vessels,  carried  off  some  negroes  and  slaughtered  a  great  number 
of  cattle  and  hogs.  These  practices  were  continued  all  the  summer  of 
1747,  and  led  to  the  erection  of  several  forts  along  the  coast,  one  of 
which.  Fort  Johnston,  still  survives. 

lu  1748,  on  the  29th  September,  Samuel  Davis,  Charles  Robinson 
and  Thomas  Smith,  in  behalf  of  themselves  and  sundry  other  inhabit- 
ants of  the  Pedee,  exhibited  to  the  Governor  and  Council  a  petition  set- 
ting forth  in  substance  that  the  inhabitants  on  the  river  were  some  eight 
hundred  to  twelve  hundred  in  number,  and  that  the  court  house  of  Bla- 
den was  about  100  miles  from  the  nearest  inhabitant,  and  the  roads  at 
times  very  bad  if  not  impracticable,  and  praying  that  a  new  county  be 
erected  to  be  called  Anson  county.  The  petition  was  granted  and  the 
new  county  erected,  the  boundary  between  it  and  Bladen  being  the  Little 
Pedee  river,  to  the  head  of  the  main  branch  of  it,  and  thence  a  line 
equi-distant  between  Haw  River  and  Great  Pedee  River. 


In  1749,  on  the  11th  July,  died  Colonel  Edward  Moseley.  As  has 
•been  well  said  of  him*:  "Of  all  the  men  who  watched  and  guarded 
the  tottering  footsteps  of  our  infant  State,  there  was  not  one  who,  in 
intellectual  ability,  in  solid  and  polite  learning,  in  scholarly  cultiva- 
tion and  refinement,  in  courage  and  endurance,  in  high  Christian  morality, 
in  generous  consideration  for  the  welfare  of  others,  in  all  the  true  merit, 
in  fine,  which  makes  a  man  among  men,  could  equal  Edward  Moseley." 

*A  Study  in  Colonial  History.     Hon.  George  Davis. 


XII  PREFATORY  NOTES. 

And  yet  it  is  to  no  one  of  these  qualities,  nor  to  all  of  them,  that  the 
great  debt  of  gratitude  Nortli  Carolina  will  ever  owe  to  him  is  due,  but 
to  his  undying  love  of  free  government,  and  his  indomitable  mainte- 
nance of  the  rights  of  the  people.  Doubtless  no  man  ever  more  fully 
realized  than  he,  tliat  eternal  vigilance  is  the  price  of  liberty,  nor  was 
there  ever  upon  any  watchtower  a  more  faithful  sentinel  than  he.  And  to 
him,  above  all  others,  should  North  Carolina  erect  lier  first  statue,  for 
to  him,  above  all  others,  is  she  indebted  for  stimulating  that  love  of  lib- 
erty regulated  by  law,  and  that  hatred  of  arbitrary  government  that 
has  ever  characterized  her  people. 

In  him,  arbitrary  and  oppressive  government  ever  found  a  bold, 
prompt  and  eifective  opponent.  Not  a  mere  brawling  demagogue,  by  any 
means,  but  a  true  patriot,  who  knew  the  rights  of  the  people,  who  knew 
bow  to  assert  them  and  feared  not  to  do  it.  Happily  for  our  State,  he 
came  to  the  front  in  the  formative  period  of  her  existence,  and,  so  far  as 
her  records  show,  did  more  than  any  man  ever  within  her  borders  to  give 
shape  and  direction  to  the  character  of  her  people.  It  was  under  his 
lead  that  the  Assembly,  in  1716,  in  a  formal  resolve,  told  the  Governor 
and  his  Council,  "that  the  impressing  of  the  inhabitants  or  their  property 
under  pretence  of  its  being  for  the  public  service,  without  authority  from 
the  Assembly,  was  unwarrantable,  and  a  great  infringement  of  the  liberty 
of  the  subject."  The  man  who,  at  tliat  early  day,  could  formulate  that 
resolve,  and  the  people  whose  Assembly  could  tling  it  in  the  face  of  the 
government,  were  worthy  of  each  other. 

His  first  appearance  upon  the  records  that  have  come  down  to  us  is  as  a 
member  of  the  Council  in  the  year  1705,  at  the  meeting  at  wliich  the 
county  of  Bath  was  divided  into  three  precincts.  He  was  then  a  house- 
holder, and  the  Council  met  at  his  house.  How  long  he  had  been  a  member 
of  the  Council  does  not  appear,  this  being  the  first  record  of  that  body 
that  has  come  down  to  us.  From  that  time  to  tiie  day  of  his  death  he 
was  continuously  in  the  public;  service,  in  some  high  office  or  employment. 

In  1708,  he  was  elected  to  the  Assembly  of  that  year,  cliosen  to 
decide  between  the  claims  of  Cary  and  Glover  to  the  Governorship,  and 
was  made  Speaker  of  that  body.  From  that  time  until  1734,  when  lie 
became  a  member  of  the  Council  by  royal  appointment,  and  as  such  a 


PREFATORY  NOTES.  xiii 

member  of  the  Upper  House  of  the  Legislature,  he  was  almost  con- 
stantly a  member  of  the  Assembly  or  Lower  House,  ami  when  a  mem- 
ber invariably  its  Speaker. 

He  was  also  Surveyor  General  of  tlie  Colony,  and  for  near  twenty 
years  one  of  the  Commissioners  in  behalf  of  North  Carolina  in  her 
famous  controversy  with  Virginia  about  tlieir  boundary  line.  He  was 
also  one  of  the  commissioners  that  ran  the  line  between  North  and  South 
Carolina,  Chief  Baron  of  the  Excliequer,  and  Associate  .Justice  of  tii(,' 
General  Court  of  tiie  Province.  He  was  also  for  many  years  Puijlic 
Treasurer.  Meanwhile,  he  was  also  the  foremost  lawyer  in  the  Prov- 
ince, and  an  active  member  of  the  vestry  in  his  Parish  and  ever  a 
friend  of  learning.  The  list  of  books  he  gave  to  fouud  a  Provincial 
Library  in  Edenton  is  still  extant.  He  was  also  one  of  the  Commis- 
sioners that  ran  the  line  between  Lord  Granville's  possessions  and  the 
King's  domain  in  the  province.  His  last  public  service  was  as  a  member 
of  the  commission  to  revise  the  laws  of  the  Province. 

Surely,  it  is  no  mean  tribute  to  his  character  that  while  he  was  so 
beloved  by  the  people,  that  he  received  through  life  every  possible  mark  of 
their  regard  and  confidence,  he  was  so  respected  by  the  Government,  also, 
that  upon  all  important  occasions,  wiieu  honesty,  al)ility,  and  courage, 
were  required,  and  the  interests  of  the  Province  Mere  to  be  subserved, 
it  too,  called  his  services  into  requisition. 

The  name  of  Moseley  will  never  be  without  honor  in  Nortii  Carolina 
so  Ions;  as  time  and  gratitude  shall  live. 


In  October,  1749,  the  line  between  Virginia  and  North  Carolina  was 
extended  from  Peter's  Creek,  where  it  stopped  in  1728,  to  Steep  Rock 
Creek,  a  distance  of  9U  miles.  William  Churton  and  Daniel  Weldon  were 
the  commissioners  on  the  part  of  North  G.'arolina,  and  Joshua  Fry  and 
Peter  Jefferson  on  the  part  of  Virginia.  Governor  .Tdhnston  says  "thev 
crossed  a  large  branch  of  the  Mississippi  [New  River]  which  rnu<  be- 
tween the  ledges  of  the  mountains,  and  nobody  ever  dreamt  of  before." 
It  so  happens,  however,  that  no  record  of  this  survey  has  l)ccn  ])re- 
served,  and  we  are  to-day  witiiout  <'vidcnce,  save  from  tradition,  to  ascer- 
tain the  location  of  our  boundarv  for  ninetv  miles. 


PREFATORY  NOTES. 


In  1750,  by  a  statute  of  the  British  Parliament,  the  old  method  of 
computing  time  was  abolished  in  all  the  King's  dominions  and  the  new 
style  introduced,  under  whicii  the  years  began  on  the  1st  of  January 
instead  of  the  25th  of  March.  In  1752,  the  day  after  the  2d  of  Sep- 
tember was  counted  the  14th  of  September,  eleven  days  being  omitted. 

In  1752,  appeared  the  iirst  printed  revisal  of  the  Laws  of  the  Province 
ever  published.  The  revisal  was  the  work  principally  of  Samuel  Swann, 
Edward  Moseley,  his  colleague  on  the  commission,  having  died  before 
tiie  completion  of  the  work.  The  printing  was  done  at  New  Bern  by 
James  Davis,  who,  in  1749,  had  carried  there  the  tirst  printing  press 
ever  in  the  province.  This  revisal  was  known  in  common  talk  in  the 
province  as  "The  Yellow  Jacket,"  from  the  color  of  its  covers. 


Governor  Johnston  began  the  Quit  Rent  quarrel  in  less  than  ninety 
days  after  his  arrival,  by  seeking  to  limit  the  number  of  places  for  the 
collection  of  quit  rents.  The  importance  of  the  question  at  issue  will  be 
appreciated  when  it  is  remembered  that  the  people  of  the  province  did 
not  own  their  lauds  in  fee  simple,  as  is  now  the  case,  but  were  mere  tenants 
of  the  Crown,  holding  the  lands  upon  payment  of  an  anuual  rent  per  acre. 
The  people  contended  that  unless  they  agreed  upon  a  different  place,  the 
rents  were  collectable  only  upon  the  land  upon  which  they  accrued,  and 
were  payable  in  certain  products,  or  "commoditys,"  as  they  were  called, 
at  fixed  prices.  Governor  Johnston  held  that,  as  the  representative  of 
the  King,  he  had  a  right  to  fix  not  only  the  place  of  payment,  but  how  it 
should  be  made,  and  the  bill  then  pending  was  amended  in  the  Upper 
House  so  as  to  reduce  the  number  of  places  to  four.  The  House  of  Bur- 
gesses refusing  to  agree  to  this  view  of  the  case,  the  bill  fell  through, 
and  thereupon  Governor  Johnston  issued  a  proclamation  directing  where 
the  rents  shonld  be  collected  and  the  prices  at  which  commodities  should 
be  received. 

Against  this  proclamation  the  House  of  Burgesses  on  the  2t)th  Feb- 
ruary, 17.'^5,  made  the  following  respectful  protest: 

"  We  are  very  much  concerned  to  see  your  Excellency's  Proclamation 
commanding  ns  to  pay  in  Sterling  Money  or  in  bills  at  the  difference 
that  your  Excellency  and  Council   shall  be  pleased  to  assess  which  we 


PREFATOEY  NOTES. 


IC   COIl- 


luimbly  conceive  is  contrary  to  our  Laws  C'ustonis  and  even  to  tin 
ditions  of  the  grand  Deed  and  must  inevitably  terminate  in  tiie  mine  of 
many  of  the  Inhabitants  of  tiiis  Province  botii  with  respect  to  tlie  man- 
ner of  Colleciting  tlie  rents  aii<l  tlie  distresses  that  may  ensue  tiiereupon. 

"  Wherefore  we  iiumbly  pray  your  Excellency  would  be  pleased  to  Issue 
out  a  proclamation  directing  the  Officers  who  are  appointed  to  Collect 
the  quit  rents  to  proceed  in  the  said  Collections  according  to  the  Laws 
and  Customs  of  this  Province  and  that  no  distress  may  be  made  upon 
his  Majesties  poor  tenants  contrary  to  the  same  untill  a  Law  shall  be 
passed  directing  some  other  method  for  collecting  the  said  rents  more 
agreeable  to  his  Majesties  Instructions  and  as  much  as  may  be  for  the 
ease  of  his  Majesties  Tenants  which  we  were  in  hopes  would  have  been 
done  by  the  Bill  We  offered  this  Session  and  that  your  Excellency  would 
be  pleased  to  give  a  further  time  for  tlie  payment  of  arrears  which  does 
not  become  due  by  any  deflxult  of  the  Tenants  refusing  to  pay  those 
rents  but  in  the  officers  neglecting  to  collect  the  same." 

The  protest  had  no  effect,  however,  and  the  Governor's  officers  pro- 
ceeded to  demand  the  rents  as  directed  in  the  proclamation,  and  to 
distrain  for  them  when  not  paid.  Thereupon  ensued  what  the  Governor 
called  "great  confusion  and  disorder."  .  On  the  7th  October,  1736,  the 
Legislature  having  again  met,  the  House  of  Burgesses  presented  the  fol- 
lowing address  to  the  Governor,  viz. : 

'•' We  the  Members  of  the  Lower  House  of  Assembly  humbly  beg 
leave  to  lay  before  your  Excellency  the  several  grievances  represented  to 
us  by  the  Committee  appointed  for  that  purpose  which  are  in  the  words 
following  (viz') 

"On  reading  the  Petition  of  Perquimons,  Bertie  and  other  Precincts  and 
also  several  other  informations  complaining  of  the  illegal  Proceedings  and 
methods  of  collecting  &  receiving  the  Quit  rents,  it  appears  to  this  Com- 
mittee, that  the  Collectors  or  receivers,  have  compelled  the  Inhabitants 
of  this  Province,  who  hold  their  Land  by  Grants  from  the  late  Lords 
Proprietors,  to  carry  their  Quit  rents  to  certain  places  appointed,  tho' 
such  rents  were  only  demandable  and  payable  on  the  Lands  for  which 
they  were  due,  and  had  by  custom  time  out  of  mind  been  received  bv 
the  Collectors  at  the  People's  respective  dwelling  Houses;  and  that  they 


PREFATOEY  NOTES. 


then  and  there  exacted  and  received,  seven  for  one,  contrary  to  the 
Laws  of  this  Province,  and  by  distress  levyed  on  such  as  did  not  bring 
their  rents  to  the  Places  so  appointed  eight  for  one,  with  extravagant 
Charges;  It  is  therefore  resolved,  and  it  is  the  opinion  of  this  Com- 
mittee, that  such  Proceedings  are  illegal  and  oppressive." 

The  Governor  paying  no  attention  to  this  respectful  address,  and  his 
officers  continuing  to  distrain  for  the  rents,  the  Assembly  ordered  the  offi- 
cers into  custody. 

Thereupon,  as  the  record  states,  "His  Excellenc)^  being  now  come  to  the 
Upper  House,  and  having  sent  a  message  to  command  the  immediate 
attendance  of  the  House  of  Burgesses,  they  not  paying  obedience  thereto, 
His  Excellency  was  pleased  to  send  another  message  to  them;  but  tliey 
still  neglecting  to  give  their  attendance,  His  Excellency  then  by  and  with 
the  advice  and  consent  of  His  Majesty's  Council,  prorogued  the  General 
Assembly  to  the  first  day  of  March  next,  then  to  meet  at  Newbern." 

But  putting  an  end  to  tlie  Legislature  did  not  reconcile  the  people  to 
the  collection  of  the  quit  rents  at  unlawful  places.  Some  months 
thereafter,  in  1737,  at  the  General  Court  at  Edenton,  a  man  was  impris- 
oned for  insulting  the  marshal  in  the  execution  of  his  office  during  the 
sitting  of  the  Court,  and  tiie  people  of  Bertie  and  Edgecombe  precincts, 
hearing  that  he  was  imprisoned  about  his  quit  rents,  rose  in  arms  to 
the  number  of  500,  and  marched  within  five  miles  of  the  town,  intending 
to  rescue  him  by  force,  in  the  meantime  cursing  the  King  and  uttering  a 
great  many  rebellious  speeches.  By  this  time  the  man  had  made  his 
peace  with  the  Court,  and  the  crowd  learning  the  truth,  dispersed  without 
doing  any  mischief,  threatening,  however,  "the  most  cruel  usage  to  such 
persons  as  durst  come  to  demand  any  quit  rents  of  them  for  the  future," 
and  the  Governor  goes  on  to  say  further,  "how  to  quell  them  I  cannot 
tell  if  they  should  attempt  an  insurrection  against  next  collection.  *  * 
The  people  seem  here  to  be  persuaded  that  they  may  do  what  they  please, 
and  tliat  they  are  below  the  notice  of  the  King  and  his  ministers,  wiiich 
makes  them  highly  insolent.  They  never  were  of  any  service  to  the 
Lords  Proprietors,  and  if  something  is  not  speedily  done  to  convince 
tiieni  that  liis  Majesty  will  not  be  so  used,  I  am  afraid  they  will  be  of  as 
little  profit  to  the  Crown." 


PREFATORY  NOTES. 


This  state  of  thingS  continued  until  17.39,  wlien  the  Governor,  having 
become  convinced  that  the  collection  of  the  quit  rents  was  impossible 
except  in  a  way  satisfactory  to  the  people,  a  bill  was  permitted  to  pass 
the  Legislature  to  which  all  parties  agreed. 

From  the  Governor's  representation  regarding  this  bill,  it  would  seem 
that  it  was  also  passed  in  part,  at  least,  by  "management,"  that  is  to  say, 
in  consideration  of  an  abatement  of  his  demands  in  the  matter  of  Blank 
Patents  set  forth  in  the  bill.  He  seems,  too,  to  have  thought  he  had  over- 
reached the  Assembly  in  the  prices  at  which  the  commodities  agreed  upon 
were  rated ;  at  least,  he  represented  to  the  Board  of  Trade  that  the  rates 
were  fixed  so  much  below  their  real  value  that  none  of  them  would  be 
offered  in  payment.  A  great  concession  was  that  the  bill  contained  a 
provision,  whereby  the  power  of  fixing  the  value  of  paper  money  was 
given  to  a  committee  consisting  of  the  Governor  and  Council  and  the 
Attorney  General  and  Receiver  General  on  the  one  side,  and  an  equal 
number  of  the  House  of  Burgesses  on  the  other.  Another  great  conces- 
sion was  as  to  the  number  of  places  at  which  payment  might  be  made, 
which  he  said  "it  could  have  been  wished  were  fewer  in  number,  but 
there  was  no  possibility  of  avoiding  it."  The  next  year,  1740,  the 
Crown  disallowed  the  Act,  on  the  ground  that  the  vesting  the  power  to 
regulate  the  price  of  money  "in  any  person  whatsoever,  might  be  of 
dangerous  consequence,  and  highly  prejudicial  to  the  trade  of  the  nation." 

In  1741,  an  attempt  was  made  to  pass  a  new  Quit  Rent  Law,  but 
although,  as  the  Governor  said,  "the  Assembly  was  called  in  the  most 
southern  part  of  the  Province  on  purpose  to  keep  at  home  the  Northern 
Members  who  were  most  numerous  and  from  whom  the  greatest  opposi- 
tion was  expected  and  some  of  the  most  troublesome  leading  men  were 
prevailed  upon  to  be  absent,"  he  was  obliged  to  prorogue  the  Legislature 
without  accomplishing  anything. 

At  the  next  session  of  the  Legislature,  1744,  the  Committee  on 
Propositions  and  Grievances  reported,  on  29th  November,  the  follow- 
ing resolution,  in  which  the  House  concurred,  viz. : 

"  Resolved  by  this  Committee  that  no  produce  of  this  province  being 
accepted  in  payment  of  quit  rents  of  late  years  nor  the  current  bills  at 
less  than  10  for  1  which  is  equal   to  sterling  money  as  this   from  the 


PREFATOEY  NOTES. 


great  scarcity  of  silver  and  gold  puts  it  entirely  oiit  of  the  power  of  the 
greatest  part  of  the  inhabitants  of  this  province  to  pay  their  quit  rents 
being  contrary  to  the  Grand  Deed  and  also  a  law  of  this  province  is  a 
Very  great  grievance." 

On  the  4th  December  the  Governor  prorogued  the  Legislature.  In 
April  of  next  year,  1745,  the  Legislature  met  again,  but  neither  side 
was  in  better  temper  than  when  they  parted.  In  his  opening  address,  the 
Governor  reviled  the  Assembly  for  having  passed  no  bills  at  the  last 
session,  and  informed  them  that  he  had  "  orders  from  His  Majestie  and 
Lord  Carteret  to  insist  on  their  passing  a  quit  rent  law."  The  Assembly 
replied  that  tiiey  had  "frequently  in  former  Assemblj's  had  under  their 
consideration  matters  of  consequence  recommended  by  his  Excellency 
but  had  been  unhappily  prevented  from  doing  anytliing  therein  with 
effect  by  unexpected  dissolutions  and  prorogations,"  and  no  quit  rent 
law  was  passed. 

In  1746,  in  June,  the  Assembly  again  declared  the  refusal  to  receive 
"commoditys"  in  payment  of  quit  rents  to  be  a  very  great  grievance. 
After  this  session,  the  northern  counties  were  not  represented  in  the 
Legislature  during  Johnston's  administration,  and  in  April,  1749,  the 
Governor  succeeded  in  passing  a  quit  rent  law,  but  in  the  condition  the 
province  was  from  that  time  to  the  end  of  his  administration,  it 
could  not  have  accomplished  much. 


His  quarrel  with  the  Albemarle  or  nortiiern  counties  and  its  conse- 
quences deserve  a  more  extended  notice,  if  for  no  other  reason,  to  show 
into  what  gross  and  unpardonable  errors  historians  can  fall  upon  the 
most  important  points.  When  Governor  Johnston  came  to  North  Caro- 
lina, the  precincts  of  Albemarle  county  sent  five  members  each  to  the 
Lower  House  of  the  Legislature,  while  the  precincts  of  Bath,  that  is  to  say, 
tlie  newer  precincts,  sent  only  two.  Of  course,  this  gave  the  older  counties 
controlling  influence  in  the  Assembly.  Doubtless  this  was  not  an  equit- 
able representation,  and  ought  to  have  been  changed  if  possible,  but  in  a 
legal  and  fair  way.  The  Governor,  however,  determined  to  bring  about 
the  change  in  his  own  peculiar  way,  tiiat  is  to  say,  in  a  manner  neither 
legal   nor  fair.     So  he  called  a  session  of  the  Legislature  to  meet  on  the 


PREFATORY  NOTES. 


18th  November,  1746,  in  Wilmington,  in  the  expectation  that  the  north- 
ern members  would  not  be  there.  They  were  not  there,  and  .in  their  absence 
he  proceeded  without  a  quorum  to  pass  a  bill  equalizing  representation, 
so  that  no  county,  whether  new  or  old,  should  send  more  than  two  repre- 
sentatives to  the  Assembly.  This  bill  he  approved  and  sent  over  to 
England  in  the  ordinary  way,  as  if  it  had  been  an  Act  of  a  full  quorum 
of  a  duly  constituted  Legislature.  He  afterward  ordered  an  election  for 
new  liCgislature,  to  which  each  county  was  directed  to  send  two  rep- 
resentatives and  no  more.  The  result  was  that  the  northern  counties 
refused  to  regard  his  writs  of  election,  and  when  they  voted,  each  voter 
put  on  his  ballot  the  names  of  five  men  agreed  upon,  and  the  sheriiFs 
so  returned.  The  Legislature  thereupon  declared  the  election  void.  In 
consequence  of  this  the  northern  counties  were  not  represented  in  the 
Assembly  for  eight  years,  and  not  being  represented  there,  the  people 
refused  to  pay  taxes,  refused  to  attend  the  General  Courts,  iu  a  word 
refused  to  obey  or  regard  in  any  way  the  authority  of  what  they  consid- 
ered a  "rump"  Legislature,  and  were  for  eight  years  in  a  state  of  defi- 
ance, if  not  insurrection.  The  southern  counties,  seeing  that  the  north- 
ern counties  refused  to  pay  taxes,  said  it  was  not  fair  to  make  them  bear 
the  whole  burden  of  government,  and  they,  too,  refused  to  pay  taxes. 
This  was  the  condition  of  the  province  for  the  last  six  years  of  John- 
ston's administration  and  for  two  years  after  his  death,  a  state  of  things 
for  which  Governor  Johnston  was  undeniably  responsible. 

In  the  meanwhile  the  northern  counties  sent  agents  to  London  to 
repre.sent  matters  to  the  authorities  there,  and  after  a  full  investigation, 
the  Crown  disallowed  the  Act,  on  the  ground  that  it  had  been  improp- 
erly and  unfairly  obtained,  and  the  order  of  repeal  was  brought  over  by 
Governor  Dobbs.  The  unequal  re])re.sentation  being  restored,  continued 
until  the  Provincial  x\sseniblies  of  the  Revolution  came  into  existence, 
as  appears  from  the  records  preserved  here  from  that  day  to  this.  To 
these  bodies  each  county  sent  five  delegates,  equality  of  representation 
doubtless  being  considered  as  a  necessary  preliminary  step  to  united  har- 
monious action,  especially  in  view  of  the  fact  that  the  bulk  of  population 
was  then  in  the  west.  In  spite  of  the  records,  both  here  and  in  Lon- 
don, the  historian  Williamson,  after  reciting  the  main  facts  in  the  case, 


PREFATORY  NOTES. 


goes  oa  gravely  to  say:  "The  Act  in  question  was  arbitrary,  but  no  re- 
dress was  obtained,  for  the  Crown  was  not  used  to  favour  a  numerous  rep- 
resentation." Martin,  another  so-called  historian,  follows  Williamson, 
and  leaves  the  impression  that  from  1746,  the  counties  continued  to  send 
only  two  representatives  each.  Such  an  error,  on  so  important  a  point, 
with  such  ample  means  of  information  at  hand,  is  simply  unpardonable. 
Our  trouble  has  been  that  neither  of  our  historians  was  native  here,  and 
neither  after  he  came  continued  here  for  the  remainder  of  his  life,  his  resi- 
dence in  North  Carolina  being,  so  to  speak,  a  mere  episode  in  his  life. 
The  result  was  that  neither  Williamson  nor  Martin  availed  himself  even 
of  the  scanty  means  of  information  in  his  reach. 

When  Governor  Johnston  undertook  forcibly  and  fraudulently  to  de- 
prive the  northern  counties  of  the  greater  part  of  their  representation  in 
the  Legislature,  he  had  been  Governor  of  the  province  for  twelve  years, 
and  he  must  have  studied  the  people  over  whom  he  ruled  those  twelve 
years  to  but  little  purpose  if  he  supposed  they  would  submit  to  a  de- 
privation of  their  rights,  either  by  force  or  by  fraud.  He  must  have 
known,  too,  that  if  they  did  not  choose  to  submit,  he  was  utterly  with- 
out power  to  compel  them  to  do  so ;  but  in  spite  of  everything,  and 
seemingly  regardless  of  consequences,  he  pursued  a  policy  that  resulted 
in  an  open  defiance  of  the  law,  that  he  dared  not  even  to  attempt  to 
punish.  Such  a  state  of  things  probably  never  existed  in  any  other 
province  for  such  a  length  of  time — open,  bold  resistance  and  defiance  of 
the  constituted  authorities  for  eight  years,  without  an  attempt  even  to 
enforce  obedience. 


Tiie  population  of  North  Carolina  at  the  beginning  of  Johnston's 
administration  was  near  50,000  in  all,  autl  at  the  close  it  was  somewhere 
about  90,000,  that  is  to  say,  just  about  double  the  number  usually  given. 
Of  course  this  great  addition  was  made  uji  from  immigration  as  well  as 
from  natural  increase.  This  immigration  came  in  part  from  adjacent 
Virginia  counties,  covering  the  northern  border  generally,  west  of 
the  Chowan.  These  immigrants  simply  followed  the  tributaries  of 
the  Chowan  and  the  Roanoke  rivers  in  their  search  for  "bottom 
land;"    other  immigrants  came  from  the  adjacent  South  Carolina  conn- 


4. 


PREFATORY  NOTES. 


ties,  covering  our  southern  border,  generally  west  of  the  Lumber 
river.  They  also  followed  the  streams.  Notable  among  these  were  the 
settlers  on  the  Pedee  river,  for  whose  convenience  the  Governor  and 
Council  erected  the  county  of  Anson.  The  great  bulk  of  the  immi- 
gration, however,  came  from  the  northward,  principally  from  Pennsyl- 
vania. 

On  the  15th  February,  1751,  Governor  Johnston  wrote  to  the  Board 
of  Trade  that  inhabitants  flocked  in  daily,  mostly  from  Pennsylvania 
and  other  parts  of  America  already  overstocked  with  people,  and  some 
directly  from  Europe.  Many  thousand  people,  he  said,  had  then  come 
in,  settling  mainly  in  the  west,  so  that  they  had  nearly  reached  the  moun- 
tains. 

On  the  28th  June,  1753,  President  Rowan  wrote,  that  in  the  year 
1746  he  was  in  the  territory  composing  the  counties  of  Anson,  Orange 
and  Rowan,  and  there  were  then  not  above  one  hundred  fighting  men  in 
all  that  country  ;  whereas,  at  the  time  he  wrote,  there  were  at  least  three 
thousand,  mostly  Irish  Protestants  and  Germans,  and  their  numbers 
were  daily  increasing.  At  these  figures  this  new  population  must  have 
numbered  near  twenty  thousand.  In  1776,  their  settlements  had  extended 
beyond  the  present  State  limits". 

The  route  that  these  immigrants  from  Pennsylvania  took  to  reach  their 
future  homes  in  North  Carolina  is  plainly  laid  down  on  the  maps  of 
that  day.  On  Jeffreys'  map,  a  copy  of  which  is  in  the  Congressional 
Library  at  Washington  City,  there  is  plainly  laid  down  a  road  called 
"  the  Great  Road  from  the  Yadkin  River  thro'  Virginia  to  Philadelphia, 
distant  435  miles."  It  ran  from  Philadelphia  through  Lancaster  and 
York  to  Winchester,  thence  up  the  Shenandoah  Valley,  crossing  the 
Fluvanna  River  at  Looney's  Ferry,  thence  to  Staunton  River  and  down 
the  river  through  the  Blue  Ridge,  thence  southward,  crossing  Dan  River 
below  the  mouth  of  Mayo  River,  thence  still  southward  near  the  Mora- 
vian Settlement  to  the  Yadkin  River,  just  above  the  mouth  of  Linville 
Creek  and  about  ten  miles  above  the  mouth  of  Reedy  Creek. 

Remembering  the  route  General  Lee  took  when  he  went  into  Penn- 
sylvania on  the  memorable  Gettysburg  campaign,  it  will  be  seen  that 
very  many  of  the  North  Carolina  boyb,  both  of  German  and  Scotch-Irish 


PEEFATORY  NOTES. 


descent,  in  following  their  great  leader,  visited  the  homes  of  their  ances- 
tors, and  went  thither  by  the  very  route  by  wliich  they  came  away.  To 
Lancaster  and  York  counties,  in  Pennsylvania,  North  Carolina  owes 
more  of  her  population  than  to  any  other  known  part  of  the  world,  and 
surely  there  was  never  a  better  population  than  they  and  their  descend- 
ants— never  better  citizens,  and  certainly  never  better  soldiers.  It  was 
by  men  largely  of  Pennsylvania  birth  that  the  Mecklenburg  Declaration 
was  promulgated,  and  the  record  of  their  descendants  shows  them  to  be 
worthy  sons  of  noble  sires. 


The  following  is  a  brief  statement  of  the  condition  of  the  currency  of 
the  province  during  Governor  Johnston's  administration : 

In  1735,  by  act  of  Assembly,  bills  for  £40,000  to  be  exchanged  for 
the  bills  issued  in  1729.     Not  a  legal  tender  at  any  rated  exchange. 

In  the  same  year,  bills  for  £10,000  for  the  more  immediate  discharge 
of  the  public  debts,  not  issued  at  any  rated  exchange,  but  for  the  pay- 
ment of  them  a  poll  tax  was  laid.  The  rate  of  exchange  iu  1739  was 
1000  per  cent.,  and  there  was  outstanding  about  £50,000. 

The  above  seem  to  have  been  redeemed  by  bills  for  £21,350  issued 
iu  1747,  of  which  £189.13.3  in  April,  1749,  and  £513.12.0  were  burned 
in  April,  1750,  leaving  in  circulation  £20,646.14.0  proclamation  money, 
equal  to  £15,485.1.0  sterling  money.  These  bills  maintained  the  value 
they  were  issued  at  as  late  as  29th  September,  1850. 


No  question  seems  to  have  arisen  during  Johnston's  administration  as 
to  the  right  of  the  House  of  Burgesses  to  control  the  purse  strings — 
about  the  only  trouble  that  he  seems  to  have  avoided.  But  that  the  peo- 
ple for  eight  years  refused  to  recognize,  in  any  way,  the  autiiority  of  the 
goverument  under  which  they  lived,  because  they  were  not  represented 
in  its  Legislature,  is  evidence  enough  that  even  at  that  day  they  were  fully 
inspired  with  the  principles  that  underlaid  the  great  American  revolu- 
tion, and  foreshadowed  plainly  enough  what  their  course  would  be  in 
that  great  struggle. 


COLONIAL    RECORDS. 


1734. 

[From  the  MSS.  Records  of  North  Carolina  Counctl  Journals.] 

COUNCIL  JOURNALS.  ■ 

North  Carolina. 

At  Brunswick  on  Ciape  Fear  River  in  New  Hanover  Precinct  Novem- 
ber the  2*  1734. 

Tiie  Honble  Robert  Halton  Eleazer  Allen  and  Roger  Moore  Esq" 
Members  of  His  Majestys  Council  and  several  of  the  Principal  Gentle- 
men Inhabitants  of  the  said  Province  being  assembled  and  met  together 
in  the  Court  House  of  Brunswick  aforesaid  His  Excellency  Gabriel 
Johnston  Esq'  declared  that  he  had  Receh^ed  Letters  Patents  from  his 
Majesty  constituting  and  appointing  him  to  be  Captain  General  and  Gov- 
ernonr  in  Chief  in  and  over  his  Majestys  Province  of  North  Carolina 
and  Terretories  thereunto  belonging  as  also  a  Commission  appointing  him 
Vice  Admiral  of  the  same  which  his  Excellency  caused  be  read  and 
Published  openly  in  the  said  Court  House. 

The  Clerk  of  His  Majestys  Council  being  now  at  a  considerable  dis- 
tance from  this  Place  His  Excellency  was  pleased  to  appoint  Mr  Wil- 
liam Maxwell  Clerk  of  the  Council  pro  tempore  who  was  sworn  in 
accordingly. 

Then  the  Honble  R  Halton  Elez"'  Allen  and  Roger  Moore  Esq"  were 
before  his  Excellency  the  Governor  Sworn  of  His  Majestys  Council  of 
this  Province  in  pursuance  of  a  Royal  Instruction  for  that  purpose  and 
took  and  subscribetl  the  several  Oaths  by  Law  appointed  to  be  taken  for 
their  qualification. 

Then  his  Excellency  Gabriel  Johnston  Esqr.  before  the  Honoble  the 
Council  aforesaid  took  and  subscribed  the  several  oaths  by  law  appointed 
to  be  taken  for  his  Qualification  as  Governour  in  Chief  of  this  His  Maj- 
estys Province  and  Terretorys  thereunto  belonging  as  also  the  Oath  for 
strictly  observing  the  Laws  of  Trade  and  Plantation  within  this  Gov- 
ernment. 


COLONIAL  RECORDS. 


At  a  Council  held  at  the  Ct)iirt  House  in  Brunswick  aforesaid  the  Sec- 
ond day  of  November  Anuo  Dom  1734. 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov'  &c 
(  Robert  Palmer^     Esq"  Members 
The  Honble-j  Eleaz'  Allen       V  of  His 

(  Roger  Moore  j  Majestys  Council 
His  Excellency  the  Governour  was  pleased  to  order  a  Proclamation  to 
Issue  Requiring  and  commanding  all  Officers  Civil  and  Military  within 
this  His  Majestys  Province  to  continue  to  Execute  their  several  and 
respective  Offices  untill  farther  Orders  And  that  all  such  Officers  of  the 
Crown  who  have  lately  been  either  suspended  prevented  or  removed 
from  the  execution  of  their  said  offices  Do  fortiiwith  resume  the  same 
and  Act  therein  uotwithstanding  any  late  orders  to  the  contrary  which 
the  Honorable  the  Council  approved  of 

Ordered  That  a  Proclamation  Issue  accordingly.     By  order 

W.  MAXWELL,  Cler.'Con.  pro.  tem. 


At  a  council  held  at  the  Court  House  in  Brunswick 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c 

{Robert  Halton  ~j     Esq"  Members 
Eleaz'  Allen      V  of  His 

Roger  Moore  j  Majestys  Council 
His  Excellency  the  Governor  was  pleased  to  lay  before  the  Board  that 
since  His  arrival  he  had  been  acquainted  by  several  of  the  pi-incipal 
Merchants  and  Traders  of  this  Place  of  the  many  and  great  inconven- 
iences that  have  and  do  still  arise  to  the  Trade  and  Commerce  of  this 
Province  by  the  great  Multiplicity  of  Counterfeit  Bills  of  Credit  i&sued 
by  Vagabond  and  Idle  people  passing  from  one  part  of  the  Government 
to  another.  To  the  End  therefore  that  the  said  vagabond  and  idle  per- 
sons may  the  sooner  be  detected  in  tlieir  Villany  and  brought  to  condign 
Punishment  for  the  same  His  Excellency  the  Governour  by  and  with 
the  advice  and  consent  of  his  Majestys  Council  doth  order  that  a  Pi-oc- 
lamation  forthwith  issue  requiring  and  commanding  all  Persons  whatso- 
ever to  aid  and  assist  in  bringing  to  Justice  all  offenders  of  that  kind 
and  for  granting  a  reward  of  fifty  Pounds  to  any  person  who  shall  bring 
to  Justice  any  one  who  shall  be  convicted  of  said  offence  and  for  promis- 
sing  His  Majestys  most  gracious  Pardon  to  any  of  the  Accomplices  of 
such  Criminals  who  shall  discover  one  or  more  of  them  so  as  they  be 
taken  and  convicted  of  the  same  according  to  Law  Provided  such  dis- 
covery be  made  within  Two  Months  from  the  Date  hereof 


COLONIAL  RECORDS. 


Ordered  That  the  Provost  Marshall  forthwith  cause  the  said  Procla- 
mation to  be  piiblishecl  at  the  Court  house  door  in  every  Precinct  within 
this  Province  and  a  Copy  thereof  to  be  there  affixed     By  Order 

W"  MAXWELL  Cler.  Con.  pro  teni. 


At  a  Council  held  at  the  Court  House  in  Brunswick  29*  day  of  Nov. 

Anno  Dom.  1734 

Present  His  Excellency  Gabriel  Johnston  Esqr.  Gov.  &c. 

rri,    TT     ui    f  Eleaz'  Allen    ]      Esnrs  Members  of 
ihe  Honble<  „  ivr  ^  xj-    i\,r  ■    *      r^         -i 

(  Roger  Moore  J  His  Majestys  Council 

William  Smith,  Mathew  Rowan  and  Edward  Moseley  Esqrs  appointed 
by  His  Majestys  Royal  Instructions  Members  of  Council  for  this  Prov- 
ince appeared  at  the  Board  and  took  and  subscribed  the  Several  Oaths 
by  Law  appointed  be  taken  for  their  Qualification  as  also  the  Oath  of  a 
Councillour  and  their  place  at  the  Board  Accordingly 
Present 

{Will  Smith         ]    Esqrs  Members 
Mathew  Rowan  V  of  His 

Edwd.  Moseley  j  Majestys  Council 
His  Excellency  the  Governor  was  pleased  to  acquaint  this  Board  that 
he  had  instruction  for  constituting  and  appointing  Two  Courts  of  Oyer 
and  Terminer  held  yearly  within  this  Province  for  preventing  long  im- 
prisonments Viz'  on  the  2*  Tuesday  in  the  Months  of  December  and 
June 

His  Excellency  thereupon  with  the  advice  and  consent  of  His  Majes- 
tys Council  doth  order  that  a  Commission  of  Oyer  and  Terminer  and 
General  G(jal  delivery  for  tlie  Province  do  forthwith  issue  in  pursuance 
of  His  Majestys  Royal  Instructions  for  holding  the  said  Court  consti- 
tuting and  appointing  the  Honoble  William  Smith  Esq'  Chief  Justice 
Nath  Rice,  C'ullen  Pollock,  Edm"*  Porter  and  William  Downing  Esq"^ 
Judges  of  the  said  Court  to  be  holden  at  Edenton  on  the  2*  Tuesday  in 
December  next 

His  Excellency  the  Governor  was  pleased  to  represent  to  this  Board 
■the  great  necessity  of  calling  together  the  General  Assembly  of  this 
Province  to  enact  such  good  and  wholesome  Laws  for  the  benefit  of  his 
Majesty's  Subjects  as  he  hatii  been  graciously  pleased  to  recommend  by 
His  Royal  Instructions  to  liim  for  that  purpose 

Thereupon  His  ExcelleiKy  tlie  Governour  by  and  with  tiie  advice  and 
consent  of  His  Majestys  Council  doth  order  that  Writts  forthwith  issue 
requiring  the  Freeholders  of  the  several  Towns  and  Precincts  within 


COLONIAL  RECORDS. 


this  Province  to  meet  at  the  usual  places  on  the  first  day  of  January 
next  to  choose  their  representatives  to  meet  at  Edenton  the  IS""  day  of 
January  aforesaid  to  sit  in  General  Assembly 

And  whereas  the  said  Writts  cannot  regularly  issue  without  passing 
the  great  Seal  of  this  Province  which  is  now  at  a  great  distance  from  this 
place  thereupon  His  Excellency  the  Governor  for  expediting  the  same 
was  pleased  to  order  and  impower  John  Montgomery  Esq'  His  Majestys 
Attorney  General  to  take  into  his  Custody  and  possession  the  great  Seal 
of  this  Province  and  cause  the  same  to  be  affixed  to  the  Writts  now  Or- 
dered to  Issue 

Then  His  Excellency  was  pleased  to  adjourn  the  Board  till  four  of  the 
Clock  in  the  Afternoon. 

The  B(jard  met  according  to  adjournment 

Present  His  Excellency  Gab.  Johnston  Esq'  Governour  &c 

{Will  Smith     Mathew  Rowan  |    Esq"  Members 
R'  Halton       Roger  Moore       V  of  His 

Eleaz  Allen  E.  Moseley  j  Majestys  Council 
His  Excellency  the  Gov'  by  and  with  the  advice  and  consent  of  His 
Majestys  Council  Doth  order  that  a  Commission  pass  the  seal  of  this 
Province  constituting  and  appointing  Robert  Halton  Eleaz' Allen  Roger 
Moore,  Maurice  Moore,  Edward  Hern,  David  Evans,  James  Innes,  Ed- 
ward Smith,  Sam'  Swann,  John  Davis,  John  SM'ann,  Thomas  Merrick 
and  Job  How  Esq"  .Justices  of  the  Peace  for  the  Precinct  of  New  Han- 
over. 

His  Excellency  the  Governor  by  and  with  the  advice  and  consent  of 
his  Majesty's  Council  doth  order  that  a  commission  of  the  Peace  and 
Ded'  pass  the  seal  constituting  and  appointing  Mathew  Rowan,  W'" 
Forbs  Nath  Moore  John  Dallison,  Cornelius  Harnett,  Hugh  Blaning, 
Edward  Mitchell,  Thomas  Jones,  Joseph  Clark,  Ephra.  Vernon,  John 
Grange  and  John  Clayton  Esq"  Justices  of  the  Peace  for  the  Precinct  of 
Bladen     B}'  order 

W"  MAXWELL  Cler.  Con.  pro  tem 


At  a  Council  held  in  New  Hanover  Precinct  the  27*  day  of  Decem- 
ber Anno  Dom.  1734 

Present  His  Excellency  Gab.  Johnston  Esq'.  Gov.  &c. 

Eleaz'  Allen  ^     tt.    „  i\t      i 

nf  ,,        TT  Esq" Members 


m     rr  i  i     )  Mathew  Rowan      -.  -    ,.  ^j. 

I  he  Honorable  ■;  o  at  r  <>i  His 

Rower  Moore 


T-,  i'^      ,  nr      ,  Maiestvs  Council 

lulward  Moseley  J        '' 

His  Excellency  the  Governor  was  pleased  to  represent  to  this  Board 

the  great  necessity  there  was  for  a  true  state  to  be  made  and  laid  before 


COLONIAL  RECORDS. 


the  General  Assembly  at  their  next  sitting  of  the  money  emitted  on 
Loan  hy  virtue  of  an  Act  of  Assembly  made  and  passed  in  Nov.  1729. 
This  Board  taking  the  same  into  consideration  was  pleased  to  advise  the 
Governor  to  issue  his  Proclamation  requiring  and  Commanding  the  sev- 
eral Precinct  Treasurers  appointal  by  the  said  Act  to  prepare  their  Sev- 
eral Accounts  to  be  laid  before  the  next  General  Assembly  and  that  all 
persons  who  have  Deficient  in  their  payments  to  the  Treasurers  be 
required  to  be  ready  for  such  payment  according  ,to  their  respective  times. 
His  Excellency  the  Governour  thereupon  with  the  advice  and  consent 
of  his  Majesty's  Council  doth  Order  that  the  following  Proclamation  be 
forthwith  Published  and  a  Copy  thereof  fixed  to  the  Door  of  every 
Court  House  within  this  Province     By  Order 

W  MAXWELL  Cle.  Con  p.  Temp 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  57.] 

LETTER  FROM  GOV.  JOHNSTON,  DATED  AT  CAPE 

FAIR  DEC"  12.  1734.' 

My  Lords,  [of  the  Board  of  Trade] 

Your  orders  to  M'  Burrington  of  May  last  relating  to  the  Naval 
Stores  and  the  other  Products  of  the  Continent  of  America  came  to  my 
hands  But  a  few  days  ago.  and  tho  I  have  some  reason  to  be  afraid  that 
my  answer  may  come  too  late  to  fall  under  your  Lordships  Considera- 
tion before  you  make  your  report  to  the  House  of  Peers,  yet  I  take  this 
affair  to  be  of  so  great  consequence  to  his  Majesties  Colonies  in  America 
that  I  cannot  forbear  informing  your  Lordships  of  what  I  have  observed 
since  my  arrival  here. 

There  is  more  pitch  and  tarr  made  in  the  two  Carolinas  than  in  all 
the  other  Provinces  on  the  Continent  and  rather  more  in  this  than  in 
South  Carolina  but  their  two  Commodities  (tarr  especially)  bear  so  low  a 
price  in  London  (£1000  Barrels  scarce  clearing  20°  sterlin)  that  I  find 
the  Planters  are  generally  resolved  to  make  no  more.  I  beleive  that  it 
is  principally  owing  to  their  own  conduct  that  the  tarr  of  this  Country 
is  of  so  small  a  value  for  in  order  to  make  a  larger  Quantity  they  make 
so  large  and  violent  fires  in  their  kilns  as  forces  all  the  coarce  juices  of 
the  lightwood  along  with  the  tarr  which  gives  it  so  hot  a  Quantity  that 
masters  of  Ships  have  observed  it  frequently  burns  their  ropes  which 


COLONIAL  RECOEDS. 


makes  them  very  shy  of  meddling  with  it.  Now  if  by  a  gentle  fire  they 
would  attempt  to  make  nothing  but  cool  tarr  though  the  Quantity  would 
fall  short  by  one  third  yet  in  Quality  they  all  agree  it  would  equal 
East  Country  Tarr  if  not  exceed  it,  for  their  Materials  for  this  Manu- 
facture are  excellent  and  in  great  plenty.  But  as  the  loss  of  one  third 
of  a  kiln  would  fall  very  heavy  upon  them  they  cant  pretend  to  set 
about  this  Method  unless  the  Crown  will  be  so  good  as  to  allow  them 
the  old  Bounty  of  10'  per  Barrel.  If  your  Lordships  approve  of  this 
I  humbly  propose  that  the  Planter  in  person  be  obliged  to  attend  the 
kilns  and  see  that  it  is  cool  drawn  and  to  make  Oath  before  the  Gov- 
ernor that  it  is  so  with  heavy  penalties  in  case  of  fraudes  &c : 

The  Publick  has  allowed  so  handsome  a  premium  for  hemp  of  the 
growtluof  the  Colonies  I  was  surprised  to  find  that  there  was  none 
raised  in  this  Country  tho  there  are  large  Tracts  of  fertile  lands  so  proper 
for  producing  it  I  have  prevailed  with  some  of  the  principal  men  on 
this  River  to  make  an  experiment  of  it  against  next  Spring  and  hope  in 
a  few  years  large  Quantities  of  that  usefull  product  will  be  sent  home 
from  this  Country. 

The  Inhabitants  of  the  Southern  pai'ts  of  this  Province  particularly 
of  the  two  branches  of  this  large  river  which  is  tiie  best  navigation  of 
any  betwixt  Chesapeak  Bay  and  Cape  Florida  are  a  very  sober  and 
industrious  set  of  people  and  have  made  an  amazing  progress  in  their 
improvement  since  their  first  settlement  which  was  about  eight  years  ago 
as  a  proof  of  this  I  find  by  the  Collectors  Books  forty  two  ships  went 
loaded  from  this  River  within  these  twelve  months  last  past.  There  are 
now  several  of  them  planting  of  Mulberries  for  raising  of  Raw-silks 
and  cultivating  Vines  for  producing  wine  in  which  they  seem  very 
expert,  some  few  are  likewise  making  attempts  for  Oil  from  the  Olive 
and  from  divers  sorts  of  nutts  and  seeds  which  grow  almost  spontane- 
ously here,  for  all  which  both  climate  and  soil  seem  wonderfully  adapted 
I  heartily  wish  your  Lordships  could  prevail  on  the  Legislature  to  grant 
some  encouragement  for  the  three  above  named  usefull  Commodities, 
being  perswaded  they  would  be  of  great  service  to  the  trade  of  Great 
Britain  as  this  part  of  North  Carolina  may  justly  be  called  a  new  coun- 
try it  is  easy  to  direct  the  Industrj'  of  the  Inhabitants  into  what  Chan- 
nels you  think  proper  But  if  their  first  attempts  to  raise  such  products 
as  England  pays  ready  money  for  to  forreigners  are  not  favoured  in  the 
beginning  I  am  afraid  they  may  at  length  fall  into  such  manufiictures  as 
may  interfere  with  and  be  prejudicial  to  those  at  home. 


COLONIAL  RECORDS. 


As  the  ,sl)ip  by  which  I  send  this  sails  to-morrow  I  shall  defer  to  send 
your  Lordships  an  account  of  the  state  in  which  I  found  this  Country 
upon  my  arrival  here,  till  next  opportunity     I  am 

Your  Lordships  most  obedient  and  most  humble  servant 

GAB:  JOHNSTON. 
Cape  Fear 

Dec"^'  12.  1734. 


1735. 

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

North  West  Parish  N"  Carolina 
April  12""  1735 
My  Lord  [Bishop  op  London] 

Upon  my  coming  here  I  waited  upon  Gov"^  Burrington  &  delivered  a 
Letter  directed  to  him  from  the  Honhle  Society,  he  received  me  very 
kindly  and  promised  to  do  me  all  the  service  lay  in  his  power.  From 
thence  I  went  up  into  the  Country  &  agreed  with  the  Vestry  of  North 
West  parish  in  Albemarle  County  for  10  months  reserving  2  months  for 
visiting  the  other  parts  of  the  Country  they  were  to  pay  me  £400  of 
their  currency,  (which  at  10  for  1  is  not  at  par  with  sterling)  &  I  have 
not  yet  received  50  The  parish  I  live  in  is  of  a  vast  extent  bfeing 
upwards  of  100  miles  in  length  &  50  in  breadth  I  preached  in  7  dif- 
ferent places  which  obliges  me  to  ride  every  month  260  miles  I  have 
baptized  about  a  thousand  infants  and  30  adults.  The  first  time  I  ad- 
ministered the  blessed  sacrament  of  the  Supper  I  had  only  four  commu- 
nicants the  last  time  20 

We  have  as  yet  no  church  or  Ciiapel  in  this  parish  but  since  my  com- 
u|  the  parishioners  have  raised  by  private  subscriptions  enough  to  build 
four.  We  are  very  liappy  in  having  no  different  sects  or  opinions  in  this 
part  of  the  Country  but  I  have  great  reason  to  complain  of  a  Laodecean 
hike  warmness  immorality  but  lower  down  in  the  Country  there  are  a 
great  many  Quakers  and  Anabaptists  in  my  last  journey  I  had  a  great 
many  of  them  as  my  Auditors  &  I  baptized  5  adults  that  formerly  pro- 
fessed Quakerism  &  I  believe  were  there  a  minister  settled  among  them 
they  would  mostly  come  over  to, the  Church  &  a  better  way  of  thinking. 

There  are  2  ministers  in  the  more  southern  parts  M'  Garsia  from 
Virginia  in  pamphire  [Pamlico?]  &  M'  Marsden  in  Cape  fair. 

I  never  could  get  any  of  the  library  that  was  left  here  by  D'  Newuam. 
I  am  my  lord  &c. 

JOHN  BOYD 


COLONIAL  RECORDS. 


[B.  P.  K.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  59.] 

North  Carolina  May  25*  1735 
My  Lords,  [of  the  Board  op  Trade] 

The  Journals  of  both  Houses  of  Assembly  are  uow  preparing  ig  order 
to  have  copies  transmitted  according  to  my  Instructions  I  shall  at  the 
same  time  send  a  copy  of  our  Ijaws  with  remarks  upon  them.  But  what 
demands  the  most  immediate  attention  is  the  affair  of  his  Majesties  Quit 
rents  and  the  proceedings  thereupon  in  the  last  Assembly.  I  have 
always  looked  upon  this  as  a  matter  of  the  greatest  moment  and  as  this 
Country  pays  no  other  acknowledgment  to  the  Crown  of  Great  Britain  and 
would  even  defraud  his  Majesty  of  that  if  they  were  not  very  narrowly 
watched.  I  very  early  last  Session  gott  a  Bill  brought  into  the  Lower 
house  for  procuring  his  Majesty  a  Rent  Roll  and  the  more  regular  pay- 
ment of  his  Quit  Rents.  Your  Lordships  have  no  doubt  heard  of  what 
they  call  blank  patents  in  this  Country  (of  which  I  have  sent  a  true 
state  along  with  this)  there  are  very  near  half  a  million  of  acres  held  bv 
these  patents  in  this  Province  which  pay  but  G*"  or  1^  per  100  acres  Rent 
instead  of  4°  Proclamation  money,  the  people  concerned  in  these  pat- 
ents tryed  all  manner  of  Arts  to  gett  a  Clause  in  this  Bill  to  confirm 
their  Grants  but  as  I  thought  it  would  vastly  diminish  his  Majesties 
Revenue  and  hurt  a  number  of  private  persons  in  their  property  and  as 
I  had  reason  to  beleive  that  besides  the  great  quantities  of  land  which 
are  held  by  them  already  they  might  have  numbers  of  them  lying  dor- 
mant by  <iiem  to  produce  upon  occasion  I  would  never  consent  to  it  for 
which  reason  they  loaded  the  bill  with  so  many  Clauses  prejudicial  to 
his  Majesties  Revenue  that  the  Council  thought  fit  to  reject  it.  I  shall 
send  by  next  conveyance  a  Copy  of  the  Bill  as  brought  into  the  House 
and  another  Copy  of  it  as  clogged  by  their  Artifices. 

I  immediately  after  this  in  order  to  convince  the  people  that  his  Maj- 
esties just  revenues  did  not  depend  upon  any  Acts  of  tiieir  Assembly  as 
some  of  them  had  the  assurance  to  give  out  I  issued  a  Proclamation 
ordering  all  his  Majesties  Tennants  to  pay  the  arrears  of  their  Quit  rents 
(for  none  has  been  paid  since  his  Majesties  purchase)  to  the  Receiver 
General  and  being  informed  that  this  occasioned  a  General  murmur  I 
took  care  to  put  the  Militia  in  such  hands  as  to  prevent  the  Kings  officers 
from  being  insulted  in  collecting  of  his  Rents. 

I  have  now  the  pleasure  to  inform  your  Lordships  that  there  now 
appears  a  General  Submission  to  these  orders  and  I  am  confident  I  shall 
be  able  to  give  a  good  account  of  the  arrears  and  make  them  glad  to  offer 


COLONIAL  KECORDS. 


of  themselves  such  an  Act  as  will  do  justice  to  his  Majesty  against  next 
Sessions.  As  the  Proprietors  of  these  Blank  patents  have  troubled  your 
Board  with  a  representation  in  their  Favour  I  must  in  Duty  to  his  Maj- 
esty declare  unto  your  Lordships  that  after  a  very  nice  and  important 
enquiry  I  can  see  no  reason  to  confirm  one  of  them  and  that  in  Justice 
every  patent  issued  since  the  land  office  was  shut  up,  was  a  cheat  from 
the  beginning  and  ought  to  be  declared  null  and  void,  and  as  they  have 
promised  to  submit  to  your  Lordships  opinion  without  repining  I  must 
acquaint  you  that  if  your  Lordships  make  any  the  least  concession  or 
destruction  there  will  be  no  end  of  their  Quibbling  and  this  matter  wont 
be  determined  for  years  to  come  whereas  if  you  think  proper  to  condemn 
all  patents  issued  on  any  pretence  whatever  since  the  land  office  was  shutt 
up  by  the  Lords  Proprietors  and  oblige  them  to  take  out  new  patents 
from  the  Crown,  it  is  no  hardship  to  them  it  will  much  encrease  the 
only  Revenue  the  Crown  has  here  and  it  will  finish  the  aifair  at  once.  I 
must  once  more  putt  your  Lordships  in  mind  that  these  patents  take  place 
in  {he  County  of  Bath  only,  which  however  contains  three  parts  of  four 
of  the  whole  province. 

I  have  according  to  my  Instructions  erected  a  Court  of  Exchequer  in 
this  Province  and  the  Attorney  General  has  begun  to  vacate  some  of  the 
most  grossly  fraudalent  of  these  patents  but  I  shall  take  care  that  nothing 
shall  be  finally  determined  in  that  Court  until  I  have  the  honour  of  your 
Lordships  directions. 

Commissioners  from  this  Province  and  South  Carolina  have  mett  and 
adjusted  the  Boundaries  betwixt  the  two  Provinces  which  has  hitherto 
very  much  perplexed  both  Governments,  they  have  actually  begun  to 
run  the  line  and  are  to  proceed  next  Autumn  I  shall  send  all  the  papers 
relating  to  this  affair  by  next  oppertunity  and  hope  as  it  is  now  finished 
your  Lordships  wont  hearken  to  any  sollicitations  from  our  neighbours 
who  I  hear  design  since  M'  Johnson's  death  to  procure  a  new  Instruction 
more  in  their  favour  than  the  last,  in  order  to  have  a  pretence  for  i-eced- 
ing  from  an  agreement  made  by  their  own  Commissioners  fully  empow- 
ered by  themselves. 

There  are  at  present  three  vacant  places  in  his  Majesties  Council  one 
occasioned  by  the  death  of  John  Baptista  Ash  Esq'°  as  for  James  Stal- 
lard  and  Richard  Eyens  whose  names  I  find  in  my  Instructions  I  cant 
find  that  there  ever  was  such  persons  in  this  Province.  I  recommend 
unto  your  Lordships  any  three  of  the  following  Gentlemen  to  supplv 
their  places  William  Forbes  James  Innis  Esq"  Thomas  ^^'ardroper  Sur- 
veyor General  of  lands  Samuel  Woodward  Samuel  Johnston  Esq" 
2 


10  COLONIAL  Records. 


Before  I  conclude  I  beg  leave  to  represent  to  your  Ijordships  that  it 
would  contribute  very  much  to  his  Majesties  service  if  I  could  receive 
your  commands  about  these  patents  before  November  next  when  our  next 
Assembly  meets  for  there  wants  little  else  to  terminate  all  disputes  about 
land  I  am  with  great  respect  &c 

GAB:  JOHNSTON. 


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

My  Lord:  [Bishop  of  London] 

In  a  short  time  after  I  was  determined  to  settle  at  Cape  Fear  I  pur- 
posed to  write  to  your  L^slip,  for  I  always  thot  it  Incumbent  on  me  to 
give  you  an  ace'  how  I  Employ'd  myself,  and  I  was  under  very  great 
Inquietude  y'  I  had  at  all  neglected  ye  performance  of  my  duty  in  y' 
particular;  but  I  had  this  satisfaction  that  it  was  not  from  forgetfulness 
or  disregard,  for  I  always  affected  a  reputation  of  having  ye  utmost 
dependence  and  Esteem  for  you,  bnt  I  was  sensible  you  had  rec''  some 
Impressions  to  my  disadvantage,  and  I  must  confess  it  was  this  made  me 
ashamed  to  appear  before  y"^  L'^shp,  but  I  could  not  any  longer  satisfy 
myself  in  deferring  to  acquit  myself  of  this  obligation.  I  rec''  Sundry 
strong  Evidences  of  y'  good  will  towards  me  whilst  I  was  in  England 
when  y"  L''ship.  was  Bishop  of  Lincoln,  and  I  Embraced  the  first  oppor- 
tunity from  Jamaica  after  I  was  Informed  of  y'  translation  to  the  See 
of  London,  to  Congratulate  y'  L^ship  on  his  late  Majesty's  favour  to 
you,  and  y'  L'^shp.  was  pleased  to  condescend  to  Hon''  me  with  a  most 
kind  and  obliging  answer.  It  has  been  an  Inexpressible  grief  to  me  y' 
I  have  since  fallen  into  any  misdemeanor  whereby  I  have  incurred  y' 
L''shp's  displeasure.  In  my  abovementioned  Letter  from  this  place,  I 
humbly  implored  y'  L*shp's  pardon,  and  sincerely  assured  y'  L''shp.  y' 
I  should  never  forgive  myself  for  any  miscarriage  I  had  been  guilty  of, 
and  cast  myself  upon  y'  compassion  [illegible]  so  agreeable  to  y'  nature 
I  flattered  myself  I  should  not  be  an  unfortunate  Instance  of  your  deny- 
ing it  when  Implored.  If  y"  L''shp.  had  been  pleased  at  that  time  to 
have  Intimated  to  me  your  favourable  Inclinations  towards  me  in  an 
answer  to  my  Letter,  it  would  have  been  a  singular  support  to  me  under 
the  great  labour  and  pains  I  take  in  this  new  settlement  in  the  faithful 
discharge  of  the  offices  of  my  function,  and  I  should  have  received  it  as 
a  great  and  sensible  favour,  and  should  on  all  occasions  Expressed  my 
utmost  Gratitude ;  But  I  rec'd  a  Lett'  from  his  Excel'^  Gab :  Johnston, 
Esq'  our  Govern'  from  Edenton  at  the  time  of  the  sitting  of  the  assem- 


COLONIAL  RECORDS.  11 


bly  there,  w"""  struck  me  in  an  Extraordinary  manner,  for  he  was 
pleased  to  aetjuaint  me  in  it  y'  he  liad  lately  rec'd  a  Letter  from  y' 
Lordshp.  wherein  there  was  a  Postseript  relating  to  me,  whereby  y' 
L''s]ip.  seems  to  be  misinformed  of"  ray  behaviour  and  conduct,  but  that 
he  Intending  to  lay  y'  L^shp's  Letter  before  the  Assembly  he  had  ord"* 
his  Secretary  to  make  out  a  Coppy  of  it,  w"""  he  would  Sign  to  attest 
the  truth,  rather  than  send  in  the  original  with  y'  Postcript  to  my  dis- 
paragement; and  was  pleased  also  to  assure  me  y'  he  would  set  y' 
L^shp.  right  in  his  answer,  and  in  ye  most  effectual  manner  do  me  jus- 
tice to  y'  L^shp.  The  Gentlm"  of  the  vestry  of  St.  James  Parisii  in 
Cape  Fear  sometime  since  recommended  me  in  a  Lett'  to  y'  Hon"* 
Society  for  Propagation  of  ye  Gospel,  making  application  to  them  in  my 
favor  for  an  additional  Stipend,  as  with  that  of  the  Parish  might  be  suf- 
ficient to  support  me;  but  I  was  advised  to  defer  sending  it  till  after  his 
Excell^''  arrival,  who  was  then  daily  expected,  there  being  good  reason 
to  believe  y'  when  his  Excell^  was  truly  Informed  of  my  Behaviour 
State  and  Circumstances  would  also  readily  condescend  to  recommend 
me;  and  I  have  presumed  in  this  to  send  a  Coppy  of  y'Letter  for  y' 
perusal,  but  his  Excell.  assuring  me  of  his  best  offices  in  my  favour  to 
y'  L''shp.  and  y'  I  might  depend  I  had  no  occasion  of  y"  Vestry's  recom- 
mendation or  any  otiier  application,  therefore  I  did  not  send  the  original 
at  this  time. 

There  is  a  time  my  Lord  when  a  man  may  be  the  subject  of  his  own 
discourse  and  give  a  few  Relations  of  things  he  has  \voi'thily  done  as 
well  as  other  truths,  when  Used  by  way  of  Apology  to  remove  a  Cal- 
umny or  accusation.  I  have  been  at  Ca))e  Fear  near  seven  years  and  I 
can  truly  say  y'  Earnestly  imploring  the  divine  assistance  I  have  from 
my  heart  and  soul  done  my  utmost  to  promote  ye  glory  of  God ;  and  the 
General  bent  of  my  Resolutions  and  ye  constant  course  and  tenor  of  my 
conversation  has  been  strictly  conformable  to  ye  Gospel ;  for  I  have  always 
been  under  apprehension  and  fear  lest  anything  in  or  from  myself  should 
hinder  the  success  of  ye  Gospel  w'""  I  teach.  Frailty  is  so  conspicuous 
and  [illegible]  y'  there  are  few  men  free  from  faults  Either  in  conduct 
or  principles,  but  I  assure  y""  L^shp.  I  can  give  a  good  ace'  of  myself, 
and  the  end  of  any  Scrutany  against  me  would  be  favorable  to  me ;  I 
am  not  partial  to  myself,  and  with  respect  to  my  ministry  my  conscience 
clears  me  of  all  unfaithfulness  and  neglect  of  duty.  Four  years  I  preached 
here  freely  at  my  own  house  without  demanding  or  ICxpecting  anything 
for  my  pains,  and  gave  the  greater  part  of  my  congregation  a  dinner 
every  Sunday,  and  did  not  receive  in  all  y'  time  any  Consideration  and 
some  weeks  with   a  laborious  diligence  I  traveled   GO   or  70  miles  to 


12  COLONIAL  RECORDS. 


preach  and  Baptize  and  returned  home  against  Sabbath  day ;  and  I  hope 
it  was  not  simply  unlawful  for  me  to  Endeavour  to  subsist  myself  by 
Iraploying  what  little  I  had  in  trade  or  in  any  honest  way  to  preserve  it; 
\v'here  many  of  ye  Inhabitants  here  are  in  such  mean  Circumstances  y* 
they  cannot  maintain  a  minister;  and  if  I  had  Insisted  on  a  maintenance 
at  my  first  settlement  it  would  have  hindered  me  from  being  so  useful 
here  by  hindering  the  jjcople  from  coming  under  the  preaching  of  ye 
Gospel,  finding  it  would  be  charitable  to  them  and  therefore  I  was  willing 
to  give  them  a  Convincing  proof  y'  I  sought  not  theirs  but  them.  But 
having  met  with  various  losses  and  disappointments  the  vestry  for  this 
parish  came  to  a  resolution  Easter  Monday  March  ye  26*  [173f  ?]  to  allow 
me  a  Sallry  as  mentioned  in  their  Letter  to  y'  Society  in  my  favour,  but 
I  have  not  received  to  y"  value  of  100'''  this  Currency,  w"""  is  not  above 
twenty  pounds  proclamation,  and  have  no  certain  prospect  when  I  shall 
receive  the  remainder,  there  being  no  care  taken  to  collect  it  at  present, 
and  I  am  certain  I  cannot  be  at  unnecessary  charges ;  when  I  preach  at 
Brunswick  and  in  travelling  to  ye  different  places  where  I  am  called  or 
officiate  have'spent  in  the  last  two  years  about  two  hundred  pounds  this 
currency  besides  l)eing  often  obliged  to  take  two  negroes  for  three  or  four 
days  in  a  week  to  transport  me  by  water  where  I  necessitated  to  preach, 
to  the  great  neglect  of  my  plantation,  w"*"  would  be  a  certain  main- 
tenance if  I  could  allow  myself  to  continue  at  home,  and  mind  the 
business  of  it  and  not  be  solicitous  to  do  what  good  I  can  in  this  new 
settlement;  and  his  Excell^  our  Govern'  is  fully  convinced  of  this,  and 
therefore  I  hope  will  not  fail  to  do  me  Justice  to  y'  Lordshp.  I  have 
often  declared,  and  it  is  a  true  assertion,  y'  if  y'  Lordship  was  on  any 
ace'  to  suspend  me  from  exercising  my  ministerial  function  it  would  be 
as  great  a  service  as  y'  Lordship  could  do  me  if  I  was  to  continue  here. 
I  am  bould  to  say  y'  there  is  not  a  clergy  in  the  West  Indies  or  in  any 
part  of  America  y'  has  a  better  title  to  y'  Societies  favour  as  I  can  make 
fully  evident.  I  have  never  acted  from  worldly  advantages  and  I  un- 
dergo more  fatigue  &  labour  in  the  discharge  of  my  office  than  any 
three  Clergyman  in  St.  Caroline  y'  has  ye  Societies  allowance;  love 
is  the  spring  and  fountain  of  all  my  performances  which  makes 
me  undergo  my  toilsome  service  with  ye  utmost  chearfulness  for  I 
have  met  with  little  or  no  Consideration  for  my  pains  and  diligence 
so  y'  cannot  be  any  inducement  to  me.  I  have  run  myself  into  a  great 
many  Inconveniencies  and  I  am  now  in  an  advanced  age  and  under  diffi- 
cult circumstances  and  not  so  capable  as  I  have  been  to  perform  every 
toilsome  service,  but  however  I  shall  never  be  sparing  of  myself  for 
fear  of  shortning  my  day  for  I  am  truly  sensible  y'  the  lamp  of  my  life 


COLONIAL  RECORDS.  13 


can  never  burn  better  tlian  in  endeavouring  to  light  others  to  lieaven ; 
and  shall  never  judge  any  labour  or  pain  too  great  in  contending  with  the 
errors  and  sins  of  men  sufficient  in  ord'  to  bring  them  unto  God  by  con- 
version and  repentance  my  beiiaviour  here  for  near  seven  years  must  have 
convinced  all  reasonable  persons  y'  I  have  a  true  compassion  for  ye  souls 
of  ye  people  of  this  new  settlement  and  a  fervent  desire  to  fiirther  their 
salvation,  and  whatever  success  I  have  had  I  hope  I  shall  receive  the 
reward  of  an  honest  endeavour  from  him  who  estimates  our  pains  not 
by  their  results  but  by  their  natural  tendencies  and  sincere  intentions; 
and  I  flatter  myself  I  shall  be  so  happy  as  to  meet  with  y"'  L^ships 
approbation  and  generous  encouragement.  Pray  lay  aside  all  displeasure 
against  me  and  let  me  experience  ye  candid  disposition,  and  make  me  so 
happy  as  to  assure  me  y"  retain  a  favorable  opinion  of  me.  Your  lord- 
ship has  always  encouraged  the  honest  endeavours  of  ye  meanest  of  y° 
Clergy,  I  beg  of  you  let  not  me  ye  only  unfortunate  instance  of  denying 
it.  if  y'  lordship  out  of  y'  great  goodness  and  compassion  will  conde- 
scend to  procure  me  a  yearly  allowance  from  ye  Society  in  some  measure 
answerable  to  ye  Charges  I  must  be  at  and  the  fatigue  I  must  undergo  I 
shall  ever  greatfiiUy  acknowledge  the  favour  and  you  may  firmly  depend 
shall  have  no  Reason  to  repent  of  any  Service  you  do  me  or  of  any  Con- 
descentions  in  my  behalf. 

I  have  no  Library,  no  books  but  only  y'  Bible.  Eurket  on  y"  new  tes- 
tament and  Common  prayer  Book  but  what  I  borrowed,  and  truly  my 
L*  there  are  very  few  Bibles,  common  prayer  Books,  books  of  devotion 
&c  in  this  Province;  Indeed  my  L''  it  would  be  a  great  act  of  charity 
without  delay  to  supply  this  part  of  y°  Province  at  least  with  good 
Books.  There  are  alas  some  persons  very  Industrious  to  furnish  many 
families  with  the  Independ'  rigg,  Jubb  and  Walstone  on  our  Saviour's 
miracles  and  several  others  of  ye  same  pernicious  kind  w"''  are  sent  abroad ; 
I  have  lately  obtained  your  Ldships  Letters  to  ye  People  of  y'  diocese 
w"*"  has  been  of  great  service  to  me.  I  humbly  entreat  y'  Lordship  to 
condescend  to  prevail  w""  ye  Society  in  favour  of  this  place  to  send  what 
books  y"  may  judge  necessary  and  if  you  will  be  pleased  to  order  them  to 
my  care  they  shall  receive  from  me  all  possible  satisfaction  in  ye  dis- 
charge of  my  duty  and  the  prudent  distrabution  of  ye  Books  y'  shall  be 
sent 

I  have  endeavoured  as  much  as  may  be  to  get  an  exact  knowledge  of 
the  inclinations,  dispositions,  state  and  condition  of  the  Inhabitants  of 
N  Carolina  and  if  y'  Lordship  requires  an  ace'  from  me  will  not  fail  to 
send  y"  as  perfect  an  one  as  I  can.  I  am  well  known  in  all  ye  parts  ot 
this  Govrm'  and  have  baptized  in  it  about  thirteen  huiid''  men  women 


14  COLONIAL  RECORDS. 


and  children  besides  some  negro  slaves  and  never  received  ye  least  Com- 
pensation on  y'  acct.  I  have  always  endeavoured  to  guard  myself  from 
Contempt  and  have  procured  a  moderate  reputation  to  myself  in  all  parts 
of  this  Province. 

I  will  not  be  any  farther  troublesome  to  y'  Lordship  at  this  time  but 
conclude  w""  beging  your  blessing  and  encourg"',  and  let  me  assure  y' 
Lordship  y'  no  one  can  declare  with  greater  cheerfulness  or  greater 
friendship  or  with  more  respect  and  regard  than  myself  y'  I  am  y'' 
L'dshp's  most  Humble  and  most  obed'  Servant 

RICH"  MARSDEN 

Cape  Fear  North  Carolina 
July  y«  7'"  1735 


[B.  P.  R.  O.  B,  T.  North  Carolina.  Vol.  9.  A.  60  and  64.] 

My  Lords,  [of  the  Board  of  Trade] 

I  have  the  Honour  to  send  along  with  this  a  Copy  of  the  Heads  of 
the  Quit  Rent  law  and  a  Copy  of  the  Bill  as  it  was  when  rejected  by 
the  Council  Your  Lordships  will  no  Doubt  observe  the  Reasons  which 
Induced  the  Council  to  lay  it  aside  viz  the  paying  the  King  his  Rents  in 
Commodities  at  so  High  a  rate  and  at  so  many  different  Landings  that 
the  Expense  in  collecting  them  would  have  been  Intollerable  and  in  the 
End  His  Majesty  would  not  had  six  pence  neat  per  100  acres 

I  have  likewise  sent  a  copy  of  the  State  of  the  Blank  Patents  the  origi- 
nals of  which  I  transmitted  by  the  way  of  South  Carolina  about  six 
weeks  ago  The  Gentlemen  concerned  were  very  fond  of  representing 
tlieir  Case  to  your  Lordships  at  first  But  for  what  reasons  I  cannot  tell 
they  seem  to  be  so  cool  about  it  now  that  I  ana  not  able  to  Guess  whether 
they  will  make  any  defence  or  not,  But  I  Hope  this  will  not  occasion 
any  Delay  in  the  order  I  shall  expect  from  your  Lordships  on  this  sub- 
ject I  have  ordered  four  or  five  of  the  Blank  Patents  to  be  proceeded 
against  in  His  Majestys  Court  of  Exchequer  Lately  Erected  Here.  And 
shall  be  sure  to  send  your  Lordships  a  Copy  of  tlie  proceedings  as  soon 
as  matters  are  brought  to  any  issue.  Several  of  our  people  have  begun 
very  modestly  to  Question  whether  His  Majesty  Has  a  power  to  Erect 
a  Court  of  Exchequer  here  without  an  act  of  their  Assembly  Their 
Arguments  are  Borrowed  from  a  Book  published  by  M'  Morris  Late 
Chief  .Justice  of  New  York     As  my  Instructions  are  very  plane  and 


COLONIAL  KECOKDS.  16 


positive  on  this  Head  I  shall  uot  trouble  myself  willi  any  of  their  (iuilj- 
bles  It  would  not  however  be  amiss  to  send  the  opinions  of  some  Emi- 
nent Lawyer  on  this  Subject  It  has  been  a  great  Loss  to  me  that  I  have 
never  yet  had  the  opinion  of  the  Attorney  and  Sollicitor  General  con- 
cerning the  validity  of  our  Laws  tho  it  was  Laid  before  them  eight 
mouths  before  I  left  London 

In  my  Last  I  observed  to  your  Ijordships  that  it  was  a  Great  detri- 
ment to  the  Revenue  that  we  Had  no  receiver  General  who  resided  within 
the  provincte  when  I  ordered  the  arrears  of  Quit  rents  to  be  collected  I 
found  they  began  to  raise  a  clamour  that  as  M'  Hammerton  resided  in 
South  Carolina  all  the  Ready  money  and  bills  of  this  County  would  be 
carried  thither  in  order  to  take  away  all  pretence  for  this  complaint  by 
the  Advice  of  His  Majestys  Council  I  appointed  a  receiver  who  lives 
in  the  province  until  the  Kings  pleasure  should  be  known  some  months 
after  this  upon  M'  Hammertons  coming  into  this  province  I  took  care  to 
acquaint  him  with  the  Reasons  of  my  proceeding  which  however  were 
so  far  from  satisfying  Him  that  he  immediately  joined  himself  to  those 
very  people  who  fomented  the  abovementioned  clamour,  and  who  have 
left  nothing  undone  to  prejudice  His  Majesties  Revenue  At  last  he  had 
the  impudence  to  fix  up  an  Advertisement  dischargeing  his  Majesties 
subjects  from  paying  their  rents  as  required  by  me  in  a  proclamation 
published  Last  April  he  took  care  Indeed  to  fly  the  province  as  soon 
as  he  had  done  this  otherwise  I  should  soon  have  made  him  sensible  of 
his  presumption,  But  as  this  madness  of  His  may  have  a  very  bad 
effect  at  so  critical  a  time  as  this  as  the  people  here  want  only  a  Handle 
for  not  paying  their  rents  and  as  it  is  the  Highest  fault  to  his  Majesties 
Government  Here  If  it  is  not  taken  notice  of  in  the  manner  it  Deserves, 
I  shall  really  think  myself  very  hardly  dealt  by.  If  any  servant  of  the 
Crown  is  conived  at  when  Guilty  of  so  gross  an  effront  and  of  Obstruct- 
ing the  service  of  iiis  Majesty.  In  so  unsettled  a  Colony  as  this  is,  It  will 
be  Impossible  ever  to  bring  matters  to  a  Happy  settlement 

I  tliank  God  I  have  no  Quarrel  with  any  Body  in  this  Country  upon 
my  own  account  If  I  have  any  Enemies  they  are  Enemies  to  the  just 
Rights  and  Revenues  of  the  Crown  and  while  they  remain  such  their 
friendship  shall  never  be  courted  by 

My  Lords  yours  &e  GAB  JOHNSTON 

Cape  Fear 

Julv  10.  1735. 


16  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  220.] 

12  Sept  1735 
Sir,  [Governor  Gab.  Johnston] 

We  have  received  your  letter.s  of^the  7""  October  and  12'"  December 
1734  as  also  another  of  the  25'"  May  last  and  We  are  very  glad  to  find 
by  them  that  the  trade  of  your  Province  has  so  fair  a  prospect  from  the 
account  you  give  us  of  the  increase  of  its  productions  but  when  you 
mentioned  this  and  the  forty  two  sail  of  ships  that  went  from  Cape  Fear 
River  you  ought  to  have  sent  us  a  more  particular  account  thereof  as 
likewise  what  the  .said  .ships  were  loaded  with. 

We  have  considered  your  observations  with  regard  to  the  manner  of 
making  tar  in  your  Province  and  as  We  are  of  opinion  that  they  are 
right  We  think  you  ought  to  move  the  Assembly  that  some  proper  reg- 
ulations might  be  enacted  as  rules  for  making  of  Tar  throughout  the 
Province  and  a  proper  person  or  persons  appointed  to  in.spect  the  .several 
kilns  that  penalties  might  be  inflicted  on  such  of  them  who  transgress  the 
said  rules  For  altho'  at  pre.sent  endeavour  at  quantities  on  account  of  the 
Bounty  yet  if  the  Tar  of  yonr  Province  should  be  brought  into  disrepute 
by  the  burning  quality  of  it  none  of  it  will  be  exported  from  thence  and 
that  Manufacture  will  be  quite  lost  to  those  of  your  Province  who  now 
maintain  themselves  thereby. 

It  is  witli  j)leasure  that  we  read  the  account  you  have  given  us  of  the 
industry  of  the  people  settled  on  Cape  Fear  River  and  of  the  attempts 
they  are  making  towards  the  Manufactures  of  Wine  Oyle  and  .silk  for 
which  you  have  desired  us  to  prevail  with  the  Legislature  to  grant  a 
Bounty.  We  are  always  ready  to  do  whatever  within  us  lies  for  the 
encouragement  of  industry  in  any  of  the  Colonies  but  before  we  know 
what  progress  the  people  are  able  to  make  in  these  manufactures  and  have 
some  specimens  thereof  it  would  have  but  little  effect  were  we  to  pro- 
pose what  you  have  desired 

Your  letter  of  the  25'"  May  1735  relates  chiefly  to  the  Blank  Patents 
and  although  we  may  be  absolutely  of  your  opinion  with  regard  thereto 
Yet  as  they  are  deemed  private  property  by  such  persons  as  are  in  pos- 
se.ssion  of  them  We  choose  to  have  the  Attorney  General's  opinion  thereon 
before  we  send  you  any  directions  on  that  subject  and  we  have  accord- 
ingly referred  to  him  the  case  you  transmitted  to  us  and  an  extract  of 
what  you  have  wrote  in  your  abovesaid  letter  concerning  them  for  his 
opinion  in  point  of  law  so  that  we  hope  you  may  receive  some  directions 
upon  this  subject  by  November  next  as  you  have  desired. 


COLONIAL  RECORDS.  17 


We  have  received  no  Representation  from  tiie  Proprietors  of  tiiese 
Blank  Patents  as  yon  mention  and  yon  may  bo  assnred  tiiat  if  we  slioidd 
we  shall  give  no  conntenance  to  any  thing  that  shall  have  the  apj)earaiice 
of  fraud. 

We  are  sorry  the  Law  yon  proposed  for  i)rocnring  a  Rent  Roll  and 
regnlating  the  Quit  Rents  did  not  pass  the  House  but  we  hope  you  may 
have  better  success  the  next  Session  of  Assembly  as  you  seem  to  expect 
and  that  the  King  thereby  may  be  assured  of  his  Quit  Rents  without 
the  payment  of  which  and  of  a  general  Registry  of  all  the  Grants  and 
Patents  the  People  are  to  understand  their  Arrears  of  Quit  Rents  to  the 
time  His  Majesty  made  the  purchase  are  not  to  be  remitted  You  have 
therefore  done  very  right  to  erect  a  Court  of  Exchequer  in  which  any 
disputes  about  Quit  Rents  or  Titles  to  Land  will  properly  be  adjusted 
and  we  desire  to  have  an  account  of  the  proceedings  in  that  Court. 

The  Boundary  Line  between  South  Carolina  and  your  Province  we 
find  has  at  last  been  adjusted  by  Commiss"  on  both  sides  and  we  shall 
always  have  a  proper  regard  to  so  solemn  a  determination  agreed  to  by 
persons  properly  empowered  by  each  of  the  Provinces  when  you  gave 
us  this  piece  of  intelligence  you  ought  to  have  sent  ns  a  full  description 
of  the  said  line  and  a  Draught  thereof  signed  by  the  Commiss"  or  an 
authentic  copy  thereof  under  the  seal  which  we  desire  you  will  do  as  soon 
as  conveniently  you  can. 

We  shall  immediately  recommend  to  his  Majesty  the  following  Gentle- 
men viz:  William  Forbes,  James  Innes,  and  Thos.  Wardroper  Esq"  to 
supply  the  three  Vacancies  you  mention  in  the  Council  occasioned  by  the 
death  of  M'  Ashe  and  the  absence  of  Richard  Eyans  and  James  Stallard 
from  the  Province  you  tell  us  you  cannot  find  the  two  last  were  ever  in 
the  Province  which  may  be  the  case  They  M'ere  recommended  to  us  by 
your  Predecessor  but  we  hope  you  will  be  more  cautious  in  your  recom- 
mendations. 

We  desire  you  will  constantly  give  us  accounts  of  all  transactions  in 
your  Gov'  and  that  yon  will  not  omit  to  send  us  annual  answers  to  our 
circular  Queries  of  which  we  now  send  you  a  copy.  So  We  bid  you 
heartily  farewell  and  are 

Your  very  loving  friends  &c 

FITZ.  WALKER  M.  BLADEN 

THO.  PELHAM  J  A.  BRUDENELL 

RICH.  PLUMER 
To  Gov.  Gab.  Johnston 

Whitehall  Sept.  12«"  1735. 


18  COLONIAL  RECOEDS. 


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

Memorial  of  the  Swis.s  to  be  Carried  over  to  Carolina 
May  it  please  your  Excellency. 

We  have  been  informed  by  a  little  Boock  printed  in  Bern  that  the 
King  of  England  wants  Maun  that  are  brought  up  to  country  Buissiness 
and  know  to  improove  Land  and  make  Butter  and  Cheese,  in  the  Royal 
Province  of  Carolina  wich  as  wee  heard  is  a  land  flowing  with  niilck 
and  Honey,  wee  think  ourselves  happy  to  bekome  the  Subjects  of  so 
great  and  generous  a  King  and  usefuU  to  the  most  charitable  Nations 
under  Heaven. 

Wee  have  sold  our  small  Substance  in  our  native  country  and  meight 
have  paid  our  expences  But  as  wee  were  instead  of  fourteen  days,  four- 
teen Weeks  upon  the  Rhine  where  the'Armees  have  made  all  things 
scarce  wee  have  laid  out  all  our  money  and  must  now  beg  your  Excel- 
lency to  recommend  us  and  our  wives  and  children  to  the  Kings  bounty 
that  he  may  send  ns  to  that  blessed  Country  in  the  Two  Boathes  com- 
mandet  by  Captain  Thomson,  who  has  been  so  good  to  the  Saltzburgers 
while  our  Captain  has  been  so  hard  to  us  and  wee  shall  for  ever  pray 
that  God  may  bless  the  King  and  his  good  people 
To  his  Excellency  My  Lord  Harrington  one  of  his  Majesty's  Principall 

Secretaries  of  State  London. 


[B.  P.  R.  O.  B.  T.  North  Carolina.  Voi,.  9.  A.  63.] 

To  his  Excell^  Gab  Johnston  Esq''  &c  of  No  Carolina 
The  Honble  Address  of  the  Inhabitants  of  Bertie  &  Edgecombe  pre- 
cincts.    [Oct.  1735] 

Your  Excell^  in  your  answer  to  the  Grand  Jurys  Address  seemed  to 
wonder  that  you  should  hear  any  more  upon  so  Unnreasonable  a  Subject 
wee  hope  it  will  not  be  thought  unreasonable  that  we  should  Address  y' 
Excell^  to  protect  our  Laws  &  Liberties  &  that  we  may  not  be  disquieted 
in  the  possessions  of  our  Estates,  (tho  poor  &  mean)  which  we  first  paid 
for  honestly  &  afterwards  Settled  and  Improved  with  much  hard  Labour 
from  the  Barren  Woods  exposed  to  the  Violent  heat  of  the  Sun  most 
part  of  the  Year  and  many  of  us  trusting  to  what  providence  would  lay 
in  our  way  for  food  Sometimes  a  Deer  or  Bear  &  sometimes  a  Racoone 


COLONIAL  RECORDS.  19 


ife  many  days  nothing  a  rare  feast  for  Industrious  Protestants  and  tliat 
many  of  our  Ancestors  have  fallen  by  the  hands  of  the  Savage  Indians 
we  believe  will  not  be  worth  mentioning  The  fatigue  of  Settling  an 
Estate  in  this  Province  Your  Excell^'  predecessor  might  have  informed 
you  for  no  man  living  could  have  taken  more  pains  &  fatigue  then  he 
did  to  acquaint  himself  with  this  Province  in  General  which  his  many 
Journeys  &  travels  into  the  back  woods  on  foot  will  Justifie  Sometimes 
accompanied  by  one  man  Only  &  often  pinched  with  hunger  (nay)  in 
danger  of  Perishing  having  but  one  biscutie  for  three  days  to  subsist  on 
and  sometimes  Coming  amongst  the  Inhabit"  without  a  Ragg  of  Cloaths 
to  his  back  perhaps  200  miles  from  the  place  he  set  out  Often  carrying 
with  him  Considerable  Sums  of  money  &  disposeing  of  it  amongst  many 
poor  people  to  Encourage  &  Enable  'em  the  better  to  settle  the  back 
Lands  and  altho  it  has  been  alledged  that  M'  Burrington  had  taken  the 
Great  Quantity  of  the  Kings  Lands  to  his  own  use  we  say  that  most 
part  of  that  Land  lies  so  far  back  that  it  can  be  of  no  Service  to  M' 
Burrington  or  to  any  other  for  100  Years  to  come  &  even  that  he  paid 
ready  money  for  that  it  might  encourage  others  to  Settle  the  bat^k  Lands 
Notwithstanding  these  many  good  Offices  which  that  worthy  Gent  has 
done  for  the  province  with  many  thousands  more  he  is  now  Mangled  with 
the  Imputation  of  Violence  Tyranny  Perjury  with  many  other  Expres- 
sions of  Indignity  &  yet  Stands  Unconvicted  of  either  of  them  all  which 
tho  never  so  pleasing  to  a  few  persons  at  Most  a  Dozen  which  we  know 
to  be  the  whole  number  of  his  enemys  will  never  be  grateful  to  the  prov- 
vince  in  General  Who  will  for  ever  (and  Deservedly)  hold  even  his 
memory  in  Esteem  &  Veneration  the  Ministry  at  home  are  not  Insen- 
sible how  Easy  a  Matter  it  is  to  get  an  Assembly  in  the  plantations  to 
Asperse  &  Collumniate  a  Gentleman  at  a  Distance  as  many  precincts  in 
this  Province  were  not  Advised  of  their  Elections  Untill  the  very  day 
of  Electing  (Witness  Cnrutuck  and  Carteret  Precincts)  the  Latter  of 
which  petitioned  for  Redress  but  had  his  Mouth  soon  stopped  with  an 
Office  tis  moreover  Evident  that  the  Gentlemen  who  spoke  their  Inten- 
tions freely  &  Gave  their  Sentiments  as  they  thought  for  the  good  of 
their  Country  did  not  only  lucurr  great  displeasure  but  were  also  jiin- 
dred  the  means  of  Getting  their  daily  bread  Instance  M"'  Samuel  Swann 
&  M'  Walter  Lane  Coll  Hanmer  is  Likewise  a  Suffering  tho  Innocent 
Instance  who  acted  as  Chief  Jnstice  of  this  province  by  a  Commission  un- 
der the  Seal  of  the  Collony  &  by  the  General  Approbation  of  the  Coimcil  & 
to  the  great  Satisfaction  of  all  men  with  regard  to  dispatch  Justice  &  Len- 
ity &  at  a  time  when  M'  Smith  now  Chief  Justice  was  not  in  the  province 
Yet  this  Gentleman  has  been  tossed  into  Goal  t&  lield  there  a  winter's  night 


20  COLONIAL  RECOEDS. 


and  all  manner  of  Bail  refused  him  tho  the  best  Gentlemen  in  the  Coun- 
try and  most  Responsible  Tendered  themselves  and  is  now  obliged  to 
dispose  of  his  Estate  here  &  in  Virginia  &  to  part  from  his  Family  in 
hopes  to  be  redressed  where  Liberty  is  not  trampled  under  foot  which  we 
hope  he  will  meet  with  Your  Excell^  is  pleased  to  call  our  deed  of 
Grant  a  Temporary  letter  of  Attorney  which  Subsisted  two  years  only 
You  may  call  it  what  you  please  S''  but  we  are  persuaded  the  Lords  pro- 
prietors meant  as  they  wrote  (if  so)  the  proprietors  as  may  appear  by 
their  deed  of  Grant  directed  their  Council  here  to  grant  Lands  to  any 
persons  in  Albemarle  County  by  reason  their  Lands  would  not  produce 
tobb"  as  well  as  the  Virginia  Lands  the  Quit  Rents  then  became  payable 
in  other  Commodities  at  Certain  Rates  &  at  which  rates  these  Commod- 
ities were  Constantly  received  at  every  mans  House  and  the  said  pay- 
ments never  refused  by  the  Lords  proprietors  but  being  Content  they 
sent  directions  in  the  Year  1712  to  their  Receiver  General  here  how  he 
should  dispose  of  these  Commodities  which  plainly  Shews  that  not  only 
the  Lords  proprietors  deputies  with  the  Representatives  of  the  people 
here  duly  Elected  have  Settled  the  Quit  rents  to  be  payable  in  our  Com- 
modities here  at  Certain  prizes  but  there  is  also  the  Lords  Proprietors 
Assent  thereto  in  directing  their  Receiver  General  how  to  Dispose  of 
Said  Commodities  which  according  to  the  Charter  is  Conclusive  &  makes 
the  payment  of  the  Commodities  at  Certain  prizes  Indisputable  in  our 
Opinion  Your  Excell^  is  pleased  to  Call  our  Laws  Shamefull  Collusions 
betwixt  the  Lord  proprietors  Servants  &  their  Tenants  to  Cheat  their 
Masters  If  our  Laws  be  what  you  are  pleased  to  Call  them  We  may  be 
Counted  rather  Fools  then  Cheats  for  Settling  on  so  Slippery  A  founda- 
tion we  are  persuaded  it  would  be  little  worth  the  Lords  Proprietors  or 
their  Servants  while  to  make  use  of  any  Collusions  to  Undo  the  poor 
Inhabitants  of  this  province  which  are  many  degrees  poorer  than  any  of 
his  Majesties  Subjects  under  Heaven  Your  Excellency  also  Alledges  that 
we  make  a  great  matter  of  paying  The  King  two  Shillings  '^  Hundred 
Acres  Sterling  and  that  if  we  think  it  a  hard  bargain  that  we  may  leave 
the  Kings  Lands  for  that  they  are  the  Kings  Lands  &  not  ours  &  that 
there  to  your  Excell^'  Knowledge  thousands  of  Industrious  Protestants 
that  would  Come  into  our  places  Gladly  &  pay  the  Crown  double  the 
Rents  without  Clamour  or  Noise  (we  thank  them  kindly)  &  now  answer 
that  if  the  Lands  we  possess  belong  to  the  King  we  have  no  Bargain 
either  hard  or  Soft  but  as  we  know  our  Lands  to  be  our  own  paying  his 
Majesties  Quit  rents  which  we  mean  to  do  honestly  we  are  persuaded  his 
Majesty  would  not  desire  us  to  part  from  our  Lands  &  Improvements 
here  to  any  people  whatsoever  without  first  satisfying  us  for  our  Labour 


COLONIAL  RECORDS.  21 


which  when  done  we  will  readily  quit  the  province  &  seek  out  Lands  in 
onr  Neighbouring  Collonys  where  we  may  Call  the  fruits  of  our  Laliour 
our  own  &  where  Collusions  are  not  Studied  &  if  your  Kxcell^  he 
desirous  we  will  leave  tlie  Blood  &  Carcases  of  our  Ancestors  to  help 
manure  the  Ground  for  them  which  will  Some  what  help  their  Industrye 
Your  Excell''  seems  acquainted  with  Thousands  of  Lidustrious  Protest- 
ants who  would  Gladly  come  into  our  places  wee  will  now  Venture  to 
Assert  that  his  Majesty  in  his  whole  Dominion  has  not  a  Set  of  more 
Faithfull  protestants  than  the  Inhahitants  of  North  Carolina  that  we 
have  not  a  Single  person  amongst  us  who  ever  has  been  accused  or  found 
to  be  of  any  other  perswasion  &  we  will  venture  to  say  that  your  Excell^ 
will  not  pick  out  of  the  many  thousands  You  mention  even  one  thousand 
who  have  not  a  Hankering  after  some  other  Religion  which  we  hope  Suf- 
ficient to  prove  us  as  Faithfull  protestants  as  any  other  Wee  are  sorry  to 
see  your  Excell^'  proclamation  Commanding  us  to  pay  our  Quit  Rents 
in  Sterling  money  or  bills  equivalent  as  your  Excell^  &  the  Council 
will  please  to  Assess  them  which  we  Apprehend  to  be  Contrary  to  our 
L/aws  &  Customs  &  even  to  the  Condition  of  the  Grand  Deeds  Where- 
fore we  pray  youi-  Excell^  will  please  to  withdraw  Said  proclamation  & 
Command  the  Officers  who  are  to  Collect  the  same  to  proceed  according 
to  the  Laws  of  this  Province  which  you  Assented  to  by  Continueing  the 
Laws  of  29  &  which  otherwise  must  End  in  the  Utter  Ruin  of  this  poor 
province  we  further  pray  that  your  Excell^  will  give  some  further  time 
for  the  payment  of  the  Arrears  of  Quit  Rent  the  month  of  June  being 
appointed  for  the  first  payment  which  is  a  Season  of  the  Year  wlierein  no 
Commodity  of  this  province  will  Sell  nor  is  there  any  Commodity  in  the 
Countrey  fit  for  the  Virginia  Markett  at  that  time  of  the  year  being  the 
only  place  we  have  to  get  anything  in  return  for  our  Commodities  from 
and  especially  as  the  Arrears  of  Quit  rent  have  not  become  due  thro'  any 
default  of  the  Tenants  but  by  the  Officers  in  Neglecting  to  receive  the 
same  and  we  make  no  doubt  but  a  Law  will  pass  in  the  next  assembly 
very  much  to  his  Majestys  satisfaction  and  for  the  Ease  of  the  poor  Ten- 
nants  There  is  one  thing  more  which  we  begg  leave  to  lay  before  your 
Excell''  (to  Wit)  The  ill  Treatment  the  Grand  Jury  of  this  province  met 
with  at  the  Setting  of  the  Last  general  Court  at  Edenton  from  William 
Smith  Esq"  Chief  Justice  Who  told  the  Grand  Jury  they  were  peijured 
and  wondered  thev  would  not  find  a  bill  of  Indictment  against  M'  Tho 
Shervin  of  Edenton  when  the  matter  was  so  fully  proved  to  them  & 
Publickly  ordered  the  Attorney  General  to  bring  all  things  before  him 
l)y  Information  for  that  he  would  trust  nothing  with  such  men  &  more- 
over told  M'  William  Mackey  a  Responsible  free  holder  &  then  one  of 


22  COLONIAL   RECORDS. 


the  Petty  Jury  that  he  would  perjure  himself  for  a  Shilling  These  are 
proceediugs  never  before  heard  of  in  this  Province  and  altogether  Con- 
trary to  the  Liberty  of  a  British  Subject  and  to  the  power  and  priviledges 
of  Grand  Jurys  This  we  hope  will  be  worth  y  ExeelP"  while  to  Re- 
dress seeing  it  Immediately  Tramples  Liberty  Under  Foot  &c 
We  are  &c 

(Endorsed) 
Copy  of  an  Address  to  Gov  Johnston  in  favour  of  Capt  Burrington 
the  late  Gov'  and  complaining  of  Many  hardships  they  have  suffered  by 
the  present  Gov'  the  Chief  Justice  &c 


[B.  P.  R.  O.  B.  T.  NoKTH  Carolina.  Vol.  9.  A.  70.] 

At  a  court  at  S'  James  the  6*  day  of  November  1735. 

Present  The  Kings  Mo.st  Excellent  Majesty  in  Council. 

Upon  reading  at  the  Board  a  Report  from  the  Right  Honourable  the 
Lords  of  the  Committee  of  Council  for  Plantation  Affairs  Dated  the  27"' 
of  October  last  in  the  words  following  Viz' 

Her  Majesty  having  been  pleased  by  Her  Order  in  Council  of  the  13* 
of  this  Instant  to  referr  into  this  Committee  a  Representation  from  the 
Lords  Commissioners  for  Trade  and  Plantations  setting  forth  that  John 
Baptifle  Ashe  Esq"  lately  a  Member  of  Your  Majesty's  Council  in  the 
Province  of  North  Carolina  is  Dead  and  that  James  Stallard  and  Rich- 
ard Eyans  Esq"  who  were  appointed  Members  of  that  Council  in  the 
year  1730  have  not  yet  taken  up  their  Residence  in  North  Carolina; 
And  therefore  proposing  that  William  Forbes  James  and  Thomas  Ward- 
roper  Esq"  who  have  been  recommended  to  the  said  Lords  Commission- 
ers as  Persons  every  way  Qualified  to  serve  your  Ma,jesty-  in  that  Station 
may  be  appointed  Members  of  Your  Majestys  said  Council  in  the  room 
of  the  said  Ashe,  Stallard  and  Eyans.  The  Lords  of  the  Committee  in 
Obedience  to  Her  Majestys  said  Order  of  Reference  this  day  took  the 
said  Representation  into  their  Consideration,  and  Do  thereupon  Agree 
humbly  to  Report  to  your  Majesty  that  they  have  no  objection  to  Your 
Majestys  appointing  the  said  William  Forbes,  James  Innes,  and  Thomas 
Wardroper  to  be  of  Your  Majestys  Council  in  North  Carolina  in  the 
room  of  the  said  Ashe  Stallard  and  Eyans. 

His  Majesty  this  day  took  the  said  Report  into  His  Royal  Considera- 
tion and  was  pleased,  with  tlie  Advice  of  His  Privy  Council,  to  Approve 


COLONIAI.  RECORDS.  23 


tliereof  ami  to  Order  as  it  i.s  hereby  Ordered  that  the  .said  William 
Forbes,  James  Innes  and  Thomas  Wardroper  be  Appointed  Members  of 
His  Majestys  Council  of  North  Carolina  in  the  room  of  the  said  John 
Baptiste  Ashe  James  Stallard  and  Richard  Eyans.  And  His  Grace  the 
Duke  of  Newcastle  One  of  His  Majestys  Principal  Secretarys  of  State 
is  to  cause  a  Warrant  to  be  prepared  in  the  usual  manner  for  His  Maj- 
esty's Royal  Signature  accordingly. 

A  true  Copy  JA :  VERNON. 


[B.  P.  R.  O.  B.  T.  North  Carolina.  Vol.  9.  A.  69.] 

November  the  ll""  1735. 
Sir. 

In  answer  to  the  letter  I  received  from  you  Ia,st  uight ;  this  is  to 
acquaint  you,  that  the  provost  Marshall  of  North  Carolina  is  appointed  by 
the  King  he  is  paid  by  the  province  for  summoning  the  Council  and 
other  services  of  the  Publick  he  has  Fees  setled  by  Act  of  Assem- 
bly for  the  businesses  done  by  himself  and  Deputys,  between  the  people 
that  go  to  Law,  a  list  of  the  Fees  belonging  this  Officer  may  be  found 
in  the  Laws  of  that  Country,  now  in  the  plantation  Office. 

There  is  in  North  Carolina  a  province  Goal  built  att  Edenton  where 
the  General  Court  is  allways  held  at  the  charge  of  the  publick,  att  whose 
expence  it  is  kept  in  repair 

Sir  Haveing  answered  your  letter  it  may  not  be  very  improper  to 
inform  you,  that  most  if  not  all  precincts  have  a  particular  prison  built 
att  the  charge  of  each  precinct,  the  number  of  the  precincts  when  I  left 
North  Carolina  were  thirteen     I  am 


Sir  Yours  &c 


« 


Secretary  Popple  GEO  BURRINGTON 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  9.  and  41.] 

My  Lords  [of  the  Board  of  trade] 

Your  orders  of  the  11  of  June  last  did  not  come  to  my  hands  before 
the  latter  end  of  October  and  this  is  the  first  opportunitv  bv  which  I 
could  inform  your  Lordships  that  there  is  not  now,  nor  has  been  in  anv 
former  time  that  I  know  of,  any  Duty  in  this  Country  upon  any  sort  of 
goods  imported,  except  a  small  Import  upon  Wine,  Beer,  Cyder,  Rum 


24  COLONIAL  RECORDS. 


and  Arrack  not  imported  from  Great  Britain,  of  18  per  Gallon  this  cur- 
rency that  is  about  2^^  sterlin  wiiich  was  laid  on  last  sessions  of  Assem- 
bly for  defraying  the  charges  of  Government,  and  there  is  likewise  a 
duty  upon  shiping  which  is  called  powder  money  of  3"  this  currency 
per  ton. 

I  send  your  Lordships  by  this  conveyance  the  Regester  of  the  LTpper 
and  liower  House  last  sessions  of  Assembly  as  also  a  Copy  of  tlie  Laws 
which  were  then  passed,  a  list  of  the  Officers  Fees  in  Currency  and  Sil- 
ver money,  and  also  a  Copy  of  the  Laws  of  this  Province,  or  what  they 
call  their  Laws  for  except  six  there  was  never  any  of  them  ratifyed  as 
the  Charter  directs,  upon  which  account  whenever  I  found  any  of  them 
which  incroached  upon  his  Majesty's  prerogative  or  revenues,  I  took 
advantage  of  that  defect  and  would  not  allow  that  they  were  laws  some 
of  them  are  so  very  gross  and  invade  the  Right  of  the  Crown  so  plainly, 
others  are  so  unjust  in  matters  of  private  life,  that  I  could  not  help 
pointing  them  out  to  your  Lordships  and  I  hope  you  will  with  the  first 
convenient  opportunity   advise  his  Majesty  to  them   for  untill 

that  is  done  they  will  be  eternally  about  them. 

the  Honour  to  write  to  your  Lordships  the  Collection  of 

the  Arrears  of  Quit  Rents  for  Albemarle  County  of  Trade, 

was  not  finished  I  find  tlie  Receiver  and  his  assistants  then  collected 
£1200  ster:  they  are  now  about  the  second  of  Arrears  which  I 

am  satisfied  will  amount  to  double  that  Sum  and  in  March  next  they 
proceed  to  collect  the  whole  Arrears  for  the  County  of  Bath,  notwith- 
standing Hammerton's  insolent  attempt,  the  people  pay  very  quietly 
and  as  we  make  them  shew  their  Deeds  by  which  they  hold  their  lands 
I  believe  we  shall  have  a  very  exact  Rent  Role  tho  it  costs  a  good  deal 
of  trouble  and  charges  the  collecting  his  Majesty's  Rents  with  so 

much  Spirit  as  has  been  done  in  this  Province  is  not  only  the  best 
method  of  getting  a  good  Quit  Rent  law  next  Assembly  but  is  really  in 
some  respects  better  than  if  we  Iiad  gott  a  good  one  last  sessions  because 
it  shews  the  people  that  the  King  will  have  his  Right  whether  they  or 
their  Assemblys  consent  to  it  or  not  which  is  a  very  new  sort  of  doctrine 
to  them 

The  only  remains  of  faction  in  tliis  Colony  is  kept  up  by  M'  Moseley 
and  the  Moors  the  principall  proprietors  of  the  Blank  Patents  they 
liave  burnt  the  light  wood  and  boxed  the  trees  of  most  of  the  poor  pine 
land  and  consequently  rendered  it  unfitt  for  anybody  to  take  up,  and 
now  they  want  to  hold  the  rich  land  at  6*  per.  100  acres.  I  hope  your 
Tjordships  have  sent  me  before  this  time  full  directions  how  to  proceed 
in  this  attair  in  answer  to  my  two  last  and  to  the  State  of  the  Blank 


i 


COLONIAL  RECORDS.  25 


Patfents  I  .should  liejriad  to  know  if  niy  preclecessor  sent  mt,'  tlie  Rrop" 
Seal  after  liis  Maj*''  piircliase  because  I  have  lately  heard  of"  some  Quires 
of  Blank  Patents  hitely  seen  in  a  ])rivate  persons  custody  all  snbscrilicd 
witli  the  names  of'tiie  Prop'' CJouncil  but  not  Sealed,  now  if  the  Seal  be 
Still  in  the  Province  there  will  be  no  end  of  these  Patents  I  am 
Yours  &c 
Edenton  r>ec:  .V"  173r,.  GAB:  JOHNSTON 


Gov"'  Johnston's  Observations  upon  several  old  Acts  passed  in    North 
Carolina,  &  transmitted  in  One  Book  with  his  Ijctter  of  o'"  Dec''  1735. 

The  Biennial  Law. 

This  Act  ought  to  he.  repealed  because  by  the  first  Clause  tiie  Subjects 
are  Inipowered  to  meet  for  the  F^leetion  of  Representatives  without  any 
writt  from  the  Crown. 

2ndiy  'pijpy  aj.y  impowered  to  meet  in  consequence  of  tiiat  Election  by 
the  second  clause. 

grdiy  r^^^e  S'^  Clausc  is  a  contradiction  to  the  two  former. 

_jthiy  -Qy.  ji^g  jjjj^j  Clause  the  question  is  too  large  and  often  proves  in- 
convenient. 

At  the  end  of  the  first  Clause  it  is  Enacted  that  every  Precinct  in 
Albemarle  County  should  send  five  members,  which  besides  the  Ine<|nal- 
ity  of  it  (the  Precincts  of  Bath  County  being  allowed  but  two)  makes 
the  representative  vastly  two  large,  andioften  tumultuous.  No  Precinct 
ought  to  be  allowed  more  than  two  Members;  and  besides  repealing  tiiis 
Act,  it  would  be  proper  that  this  was  declared  by  his  Majesty  in  Council 
in  the  most  express  terms,  any  T^aw  usage  or  Custom  to  the  contrar}- 
notwithstanding. 
"An  Act  ascertaining  the  time  for  return  of  Original  Writs"  etc. 

The  second  Clause  contradicts  the  first  and  occasions  great  delays  of 
Justice.     The  3''''  &  4""  Clauses  seem  to  be  unintelligable,  therefore  ought 
to  be  repealed. 
"An  Act  to  direct  the  method  about  the  Examination  of  Criminals." 

This  Act  seems  to  be  Against  the  Laws  of  England,  as  it  impowers. 
the  Justices  of  peace,  to  try  the  matter,  &  examine  the  Evidences  on 
both  sides. 

"An  Act  for  the  relief  of  such  Cred"  having  land  depart  without  leav- 
ing personal  Estate." 

By  the  last  Clause  in  this  Act  too  much  power  seems  to  be  Vested  in 
the  Inferior  Courts,  and  there  are  many  instances  in  this  Province  in 
which  it  has  been  grossly  abused. 
4 


26  COLONIAL  RECORDS. 


"An  Act  to  direct  the  disposal  of  Goods  upon  Execution" 

The  whole  of  this  Act  injurious  to  his  Majesties  prerogative  and  Rev- 
enues. 
"An  Act  concerning  Attorneys." 

This  Act  in  many  places  contrary  to  Natural  equity. 
"The  Form  of  a  Pattent." 

This  Law  useless. 
"An  Act  concerning  old  Titles." 

This  Law  nnintelligable,  contradictory  and  in  many  places  unjust. 
"An  Act  for  preventing  disputes  concerning  Lands  surveyed." 

This  Law  by  its  first  Clauses  seems  to  be  contrived  to  screen   the 
rogueries  of  Land  jobbers,  and  in  the  following  Clauses  highly  injurious 
to  his  Majesty's  Revenue. 
"Staple  Commodities  Rated." 

This  Law  is  most  unjust  and  seems  to  be  calculated  entirely  to  defraud 
the  King  of  his  rents,  and  the  fair  Trader  of  his  Right,  and  ought  to  be 
repealed. 
"  An  additional  Act  for  rating  Staple  Comodities." 

This  Act  ought  to  be  repealed  for  the  same  faults  contained  in  tiie 
fornier  Act. 
"An  Act  to  appoint  the  marking  of  Horses." 

This  Law  is  very  nnintelligable  and  contradictory. 
"An  Act  concerning  Orphans." 

This  Law  highly  unjust  and  seems  designs  to  encourage  and  protect 
unjust  Guardians  who  rob  their  wards,  a  practise  too  common  in  this 
Country. 
"An  Act  for  preserving  the  Queen's  peace." 

This  Act  is  well  framed  for  support  of  the  Prerogative. 
"An  Act  for  ascertaining  Officers  Fees." 
"An  additional  Act  for  the  same  purpose." 

These  Acts  ought  to  be  repealed  because  they  give  too  large  a  Power 
to  the  Lower  House  to  establish  Fees. 

2n<iiy  -pj^g  Yees  established  are  not  sufficient  to  support  the  Principal 
Officers  of  the  Crown  in  any  tolerable  degree. 

3r(iiy  'pj^g  ]gg^  Clauses  in  the  Additional  Act  make  it  impracticable  for 
the  Officers  to  recover  their  Fees. 
"  An  Act  concerning  Escheat  Lands." 

Some  of  the  Clauses  of  this  Act  are  not  intelligible,  by  the  last  Clause 
the  Assembly  are  invested  with  a  power  which  plainly  encroaches  on  the 
royal  prorogative. 


f 


COLONIAL  RECORDS.  27 


"An  Act  lor  lessening  the  Land  &  Pole  Tax." 

The  14'"  Clause  of  this  Act  supports  His  Majestys  Prurogative,  other 
Clauses  are  useful  1. 

The  21"  Clause  is  injurious  to  the  Prorogative. 
"An  additional  Act  to  an  Act  for  Qualification  of  Officers." 

This  Law  disables  the  Government  to  grant  any  office  to  any  British 
subject  wlio  hath  not  resided  three  years  in  this  Province,  which  is  inju- 
rious to  the  Prerogative  and  the  Subject. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  45.  p.  20.] 

BOARD  OF  TRADE  JOURNALS. 

Whitehall  Thursday  Feb'^  6""  173f. 
Minutes  of  the  Council  of  North  Carolina  of  Sept'  1734  including 
several  Affidavits  &c.  relating  to  differences  between  the  Governor  & 
several  of  the  principal  Officers  in  that  Government  were  read  And 
directions  were  given  for  sending  a  copy  thereof  to  M'  Johnston  the 
present  Governor  of  that  Province  for  him  to  enquire  into  and  report  to 
the  Board  the  truth  thereof 

[Page  78.J 

Friday  June  6""  1735. 
A  letter  from  M'  Furie  Agent  for  South  Carolina  dated  8""  May.  1735 
inclosing  the  extract  of  one  from  Col.  Johnson  Gov'  of  that  Province 
relating  to  the  Boundaries  between  North  &  South  Carolina  was  read 
And  their  Lord.ships  taking  the  said  Instructions  into  their  consid- 
eration were  of  opinion  that  Wagyamaw  River  is  thereby  the  intended 
Boundary  between  the  two  Provinces  and  gave  directions  that  the  Secre- 
tary do  prepare  a  letter  to  each  Governor  accordingly. 

[Page  84.  J 

Tuesday  June  10'"  1735 
Their  Lordships  taking  into  consideration  the  draft  of  a  letter  ordered 
likewi.se  to  be  prepared  the  6'"  inst.  upon  the  subject  of  the  Boundary 
Line  between  North  &  South  Carolina  gave  directions  that  Capt.  Bur- 
rington  late  Gov"  of  North  Carolina  and  M'  Fury  Agent  for  South  Caro- 
lina should  be  desired  to  attend  the  Board  on  Fridav  next. 


28  COLONIAL  RECORDS. 


[Page  92.] 

Friday  June  13*  1735. 

Capt.  Burrington  late  Gov'  of  North  Carolina  attending  as  he  had 
been  desired  as  also  M"  Furie  Agent  for  South  Carolina  their  Lordships 
took  again  into  consideration  a  letter  from  M'^  Furie  read  the  6*  inst.  in 
relation  to  the  Boundary  line  between  the  said  two  Provinces  and  desir- 
ing Capt.  Burrington  would  give  their  Lordships  his  opinion  concerning 
the  said  line  as  described  by  the  Instructions  to  the  respective  Gov"  he 
said  that  in  his  opinion  the  running  that  line  was  hardly  practicable  or  if 
it  was  it  would  be  attended  with  great  difficulty  and  expense  on  account 
of  its  being  to  be  run  at  30  miles  distance  from  Cape  Fear  River  that 
the  Boundary  Line  between  Virginia  and  North  Carolina  although  a  due 
West  Line  and  to  be  chiefly  run  through  an  inhabited  Country  had  cost 
His  Majesty  upwards  of  £2000  whereas  the  Line  between  Nortii  and 
South  Carolina  besides  the  aforementioned  difficulty  being  to  be  run 
tlirough  a  Country  almost  entirely  uninhabited  would  cost  upwards  of 
£4000  That  in  his  opinion  the  only  natural  Boundary  between  the  said 
two  Provinces  would  be  the  Pedee  River  and  would  be  attended  with  no 
expense  to  either  of  the  Provinces 

Their  Ivordsiiips  them  resolved  to  take  this  matter  into  consideration 
at  another  opportunity  and  to  desire  M'  Craven  formerly  Gov''  of  South 
Carolina  to  attend  the  Board  at  that  time. 

[Pige  95.] 

Tuesday  June  17'"  1735. 
The  Board  taking  again  into  consider"  the  Instructions  to  the  Gov" 
of  South  and  North  Carolina  with  regard  to  the  Boundary  Line  between 
the  two  Provinces  mentioned  in  the  Minutes  of  the  last  Meeting  ap- 
pointed next  Thursday  sen'night  for  the  further  consideration  of  this 
matter  and  gave  directions  that  M"'  Craven  late  Gov'  of  South  Carolina 
M'  Burrington  late  Gov'  of  North  Carolina  and  M'  Furie  Agent  for 
South  Carolina  should  be  desired  to  attend  at  the  same  time. 

[Page  113.] 

Thursday  June  26'"  1735. 
M'  Craven  formerly  Gov'  of  South  Carolina  Capt.  Burrington  late 
Gov'  of  North  Carolina  attending  as  they  had  been  desired  as  also  Mr 
Furie  &  M'  Younge  Agents  for  South  Carolina  the  Board  took  again 
into  consideration  the  letter  from  M'  Furie  relating  to  the  Boundaries 
between  North  &  South  Carolina  read  the  6'"  inst.  and  after  some  dis- 
ccHirse  with  these  gentlemen  thereupon  their  Lordships  agreed  to  consider 
further  thereof  at  another  opportunity. 


COLONIAL  RECORDS.  29 


[Page  156.  J 

Tuesday  July  29"'  1735. 
Letter  from  M'  Furie  dated  July  29""  1735  inclosing  an  extract  of  one 
from  M'  Abercrombie  signifying  that  the  Boundaries  between  North  and 
8outh  Carolina  are  settled  to  general  satisfaction  was  read. 

[Page  208.] 

Wednesday  Sept'  3'"  1735. 

Three  letters  from  Capt.  Buri-ington  late  Gov'  of  North  Carolina  dated 
June  1.  Sept.  17'"  and  October  7.  1734  giving  accounts  of  two  Vacan- 
cies in  the  Council  there  and  of  New  Councillors  &  other  Officers  sworn 
in,  were  read,  and 

Three  letters  from  Gabriel  Johnston  Esq  present  Gov'  of  North  Caro- 
lina dated  Dec.  12.  1734  and  25  May  1735  relating  to  the  products  and 
manufactures  of  that  Province  and  proposals  for  improving  the  .same  to 
the  benefit  of  this  Kingdom 

Ordered  that  M'  Cary  be  wrote  to  for  the  prices  of  Plantation  pitch 
&  tar. 

And  that  the  ca.se  about  blank  patents  for  land  in  that  Province  be 
sent  to  M'  Attorney  General  for  his  opinion  thereon 

[Page  314.J 

Wednesday  Sept.  10*  1735 
Draft  of  a  letter  to  M'  Johnston  Gov'  of  North  Carolina  was  agreed 
to  &  order'd  to  be  transcribed — and  signed  Sept.  12* 

Ordered  that  a  letter  be  wrote  to  M'  Broughton  Lt.  Gov'  of  South 
Carolina  for  a  Draught  of  the  Boundary  Line  between  that  Province  and 
North  Carolina  signed  by  the  Commiss"  who  laid  it  out. 

[Page  327.] 

Tuesday  October  U*  1735. 

Capt.  Burrington  late  Gov'  of  North  Carolina  presented  a  letter  from 
himself  relating  to  Blank  Patents  for  granting  of  land  in  that  Province 
in  contradiction  to  Gov'  Johnston's  state  of  'em  sent  the  3"*  of  the  last 
month  to  the  Attorney  General,  was  read 

Ordered  that  a  copy  of  this  letter  be  also  sent  to  the  Attorney  General 
and  that  he  be  desired  to  attend  the  Board  next  Thursday  upon  that 
subject 

Then  Capt.  Burrington  presented  the  Copy  of  an  Addi-ess  from  two 
precincts  in  North  Carolina  to  Gov'  Johnstone  in  favour  of  Capt.  Bur- 
rington and  complaining  of  many  hardships  they  lye  under  by  the  pres- 
ent Gov'  the  Chief  Justice  &c. 


30  COLONIAL  RECORDS. 


Letter  from  M'  Johnstone  the  present  Gov'  of  North  Carolina  dated 
July  lO*  1735  complaining  of  difficulties  in  collecting  the  Quit  rents 
and  passing  an  Act  for  that  purpose  and  upon  his  erecting  a  Court  of 
Exchequer  the  people  objected  to  it  And  that  M'  Hammerton  has  inter- 
rupted the  collection  of  Quit  rents  &  transmitting 

Heads  of  a  Bill  for  settling  the  Quit  Rents 

Case  of  that  Bill  when  rejected  by  the  Council  and 

Case  of  the  Blank  Patents 

[Page  233.]  ,    ' 

Friday  October  17*  1735. 

M'  Wragg  then  presented  to  the  Board  a  Memorial  from  the  inhabi- 
tants of  Cape  Fear — which  Memorial  was  deliver*  to  M'  Attorney  Gen- 
eral for  his  opinion  thereon  as  also  some  other  papers. 

Capt.  Burrington  late  Gov"'  of  North  Carolina  attending  informed  the 
Board  that  Blank  Patents  were  Patents  signed  by  the  Gov''  &  half  the 
Council  without  the  seal  which  was  never  affixed  till  the  land  was  sur- 
veyed and  entered  in  the  Receiver's  Office  to  whom  all  arrears  of  Quit 
Rents  is  paid  from  the  date  of  the  Blank  Patent  and  the  purchase  money 
And  that  M'  Little's  widow  has  a  book  wherein  is  an  account  of  all 
Grants  made  in  that  Province  and  to  whom 

Ordered  that  a  letter  be  wrote  to  the  Gov''  to  get  that  Book 

[Page  242.] 

Friday  October  31='  1735. 
Letter  from  Capt.    Burrington  dated  Oct.  28.  1735  about  the  blank 
jiatents  for  Land  in  North  Carolina   was  read 

Ordered  that  M"  Little  be  wrote  for  the  entry  of  those  patents 

[Page  245.] 

Tuesday  November  ll""  1735 
The  Secretary  informed  the  Board  that  there  was  no  establishment  of 
North  Carolina  at  the  Treasury  and  that  he  had  wrote  to  Capt.  Burring- 
ton for  Answers  to  some  Queries  relating  to  the  Provost  Marshal  and 
public  gaol  of  that  Province  and  a  Letter  from  Capt.  Burrington  in 
answer  thereto  was  read. 

[Page  364.  J 

Friday  December  5""  1735 
Copy  of  an  Order  in  Council  of  Nov'  6""  1735  approving  Wm.  Forbes 
James  Innes  &  Thomas  Wardroper  to  be  of  His  Maj.  Council  of  North 
Carolina  was  also  read. 


f 


'W 


COLONIAL  RECORDS.  31 


fHage  37(1. 1 

Tliiirsday  De<H;nil)cr  11"'  17:55. 
Draujjjlit  of  a  letter  to  Gabriel  Jolinstone  Esq"  Gov'  of  North  Caro- 
lina ordered  to  he  prepared  21"  Oct.  1735  in  order  to  procure  a  BooU 
now  in  tlic  possession  of  the  widow  of  the  late  M'  Ijittle  of  that  Prov- 
ince in  which  all  Grants  of  T^ands  in  tiiat  Province  was  agreed  to 


[From  thk  MSS.  Records  of  North  Carolina  Corxcii,  JorRXAT^s.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  the  Council  Ciiamber  in  Edenton  the  15"'  Jan- 
uary Anno  Dom  17.3|^ 

Present  His  Excellency  Gabriel  Johnston  Esfi'  Governor  &c. 
rpi  r  Will  Smith  Eleazer  Allen  "|    Escf"  Members 

TT  ki    \  Robert  Halton     Roger  Moore   V         of  His 

Monorable  ^  Edward  Moseley  j  Majestys  Council 

His  Excellency  the  Governor  was  pleased  to  direct  that  Robert  Fors- 
ter  Gent.  Qualify  himself  as  Clerk  of  the  Council  of  this  Province  the 
said  Forster  accordingly  appeared  and  took  and  subscribed  the  several 
Oaths  by  Law  appointed  for  Qualification  of  Publick  Officers  as  also  tlie 
Oath  of  Clk.  of  the  Council  of  this  Province. 

^sl^athaniel    Rice   and    Culien    Pollock    Esq"  appointed   Meuibers  of 

Council    for   this   Province    by   his   Majestys    royal    Instructions    now 

appeared  at  this  Board  and  took  and  subscribed  the  several  Oaths  liy 

Law  appointed  to  be  taken  as  also  the  Oath  of  a  Councillor  and  their 

])laces  at  the  Board  accordingly 

Present 

rr.1     TT  ui    I  Natii :  Rice        1  Es(|"  Members  of  His 

1  he  Honorable  ,  ,^  ,,       tj  n     i     •      at  -in         -i 
(  Culien  Pollock  )       Majestys  C  ouncil 

Then  the  Board  adjourned  till  to-morrow  morning  ten  of  the  Clock 

January  the  16"' 

The  Board  met  according  to  adjournment. 

Present  His  Excellency  Gab.  Johnston  Esq.  Governor,  etc 
rp,  (  Will  Smith     Rog''  Moore  )    Esq"  Member 


TT  ui   ^  Nath  Rice       Edward  Moseley  V         of  His 

Honorable^  ^  p^,,j^^,j^  •  /  Majestys  Council 

Edmund  Porter  Esq''  appointed  a  Member  of  Council  for  this  Prov- 
ince by  his  Majestys  Royal  Instructions  now  appeared  and  took  and  sub- 


32  COLONIAL  RECORDS. 


.scribed  the  several  Oaths  by  Law  appointed  for  Qiialitycation  of  Pub- 
lick  Officers  as  also  the  Oath  of  a  Councillor  and  his  Place  at  the  Board 
accordingly 

Present  The  Hono""  Edmund  Porter  Esq' 


At  a  Council  held  at  t<ie  (Council  Chamber  in  Edenton  the  29"'  day  of 
January  173|^ 


The 


r  Nath  Rice  Eleaz--  Allen  ~|    Esq 

<  Robert  Halton      Rotjer  Moore  >         of  Hi 


Menlber^ 


TT  \  ]   \  Kooeri  naiton      iioger  ivioore  > 

Honorable  |^  ^^^    p^^^,^^^,  ^   Pollock      j  Majestys  Council 

John  Montgomery  Esq"  His  Majestys  Attorney  General  appeared  be- 
fore this  Board  and  prayed  leave  to  make  the  following  information  which 
he  read  and  is  as  follows  Viz' 

May  it  Please  Your  Excellency, 

I  think  it  my  Duty  to  complain  to  your  Excell-'  in  behalf  of  his  Maj- 
esty against  Edward  Moseley  Esq""  a  Mendjer  of  this  Board  for  an  Insult 
offered  to  the  Person  of  His  Majesty's  Chief  Justice  in  the  sight  of  the 
Members  of  the  General  Assembly. 

I  yesterday  received  the  Information  from  Persons  present  and  intended 
to  take  such  measures  as  the  Law  directs  but  when  I  considered  that  the 
Person  of  the  Principal  Officer  could  not  be  safe  for  only  complaining  of 
Injuries  done  to  the  Crown  I  for  my  part  was  afraid  to  proceed  in  the 
Ordinary  Course  least  my  Authority  should  be  dispised  and  an  Insult 
offered  even  to  the  Law. 

The  Riots  and  disorder  of  this  province  can  no  longer  appear  Strange 
to  your  Excellency  when  you  find  a  Member  of  Council  offering  an  out- 
rage to  the  Person  of  the  Magistrate  appointed  to  distribute  Justice  t6 
the  people  and  to  correct  and  reform  the  abuses  of  Government  and  by 
his  Example  teaching  others  to  contemn  the  Chief  Guardian  of  the  Laws 

When  the  persons  of  the  Magistrates  who  are  to  execute  the  Laws  arc 
rendered  low  and  contemptible  in  the  Eyes  of  the  people  the  Laws  them^ 
selves  will  quickly  be  despised  and  then  Sir  what  protection  can  any  Man 
expect  either  for  his  Person  or  Property  If  we  are  to  be  assaulted  for 
only  talking  of  his  Majestys  rights  with  what  safety  can  we  maintain  and 
defend  either  the  rights  or  Authority  of  the  Crown  in  the  Courts  of  Jus- 
tice or  execute  our  Offices  Schemes  we  must  expect  will  be  laid  for  our 
Destruction. 

The  only  Safety  we  can  promise  Our  selves  is  in  the  protection  of  Your 
Excellency  I  therefore  Sir  humbly  begg  Your  Excellency  That  Justice 
be  done  and  that  a  remedy-  be  applied  to  this  wound  given  to  the  author- 
ity of  the  Crown  and  that  the  Council  and  Assembly  do  pass  some  Laws 


COr^ONlAI.  KKCOKDS.  .'W 


to  preserve  tlie  respect  due  to  the  Persons  of  the  ]irincipal  IMufiist rates 
and  to  protect  them  from  siicli  Insult  for  the  future 

His  Excellency  the  Governor  then  desired  Mr  Chief  Justice  Smith  to 
produce  his  Witnesses  who  called  njion  William  Downing  Esq'  Speaker 
of  the  lower  House  of  Assembly 

Ifis  Excellency  the  Governor  after  hearing  Mr.  Chief  Justice's  Charge 
and  CoI°  Moseleys  Defence  as  also  the  Depositions  on  both  sides  was 
pleased  to  ask  the  opinion  of  the  Council  thereon  who  were  unanimously 
of  opinion  that  Col"  Moseley  a  Member  of  this  Board  had  committed  a 
high  Breach  of  the  Peace  in  striking  Mr  Smith  His  Majcstys  Chief  Jus- 
tice of  this  Province  before  several  Members  of  both  Houses  of  Assem- 
bly after  several  hot  words  had  passed  between  them.  Thereupon  His 
Excellency  the  Governor  by  and  with  the  advice  and  consent  of  his 
Majesty's  Council  doth  Order  that  the  Attorney  General  doth  prosecute 
the  said  Col"  Moseley  in  His  Majestys  name  at  the  next  General  Court 
to  be  holden  for  this  Province  for  the  aforesaid  Breach  of  the  Kings 
peace  and  that  in  the  mean  time  the  said  Edward  Moseley  be  bound  over 
by  recognizance  to  answer  the  said  offence  in  the  sum  £1000  Proc'  money 
and  his  Sureties  each  in  the  siuu  of  £500  like  Money. 


At  a  Council  held  at  the  Council  Chaniljer  in  Edenton  the  ."'0"'  day  o 
January  173f 

Present  His  Excellency  the  Governor. 

NathRice         E.Allen       1     Esn"  Members 
R,.Kt  R..U-.n     P.    M^^olf.v    I     ^^-l    ^^J^^emnirs 


rr.1     TT          111  Robt  Halton     E.  Mosele>  [               r.  ,  ■ 

i  he  Honorable     j-,   ^.    ^              ^  m          '  ,            ot  hi 

E.  Porter           K  Moore  nr  •    *   >   n         -i 

,,    Ti  11     1  Maiesty  s Council 

l^               C.  Pollock  J        •' 

Upon  reading  at  the  Board  this  day  the  Petition  of  Chowan  Indians 
setting  forth  that  they  being  possessed  of  a  large  parcel  of  Lands  lying 
in  Chowan  precinct  and  but  few  in  number  to  cultivate  the  same  or  make 
any  benefit  thereby  and  praying  leave  to  make  sale  of  part  thereof  the 
same  was  accordingly  granted. 

Whereupon  a  Deed  of  Sale  from  Thomas  Hoyter  James  Bennet, 
Charles  Beazley  and  Jeremiah  Pushing  Chief  Men  of  the  said  Chowan 
Indians  to  Jacob  Hinton  for  fifty  Acres  of  Land  was  read  and  the  con- 
sideration mentioned  in  the  said  Deed  being  fifty  Pounds  the  said  In- 
dians were  thereon  interrogated  who  acknowledged  they  had  received  the 
money  and  was  therewith  content. 

Whereupon  His  Excellency  the  Governor  by  and  with  the  advice  and 
consent  of  this  Board  was  pleased  to  allow  and  approve  of  the  said  Sale 
to  Jacob  Hinton 
5 


,84  COLONIAL  RECORDS. 


A  Deed  of  Sale  from  James  Rennet,  Thomas  Hoyston,  Cliarles  Beaz- 
lev  and  Jeremiah  Pushina;  Chief  Men  of  the  said  Chowan  Indians  to 
James  Brown  for  one  hundred  acres  of  Land  was  lead  and  the  Consid- 
eration Money  therein  mentioned  being  twelve  pounds  the  said  Indians 
was  thereon  interrogated  who  declared  they  had  received  the  full  consid- 
eration money  therein  mentioned  and  were  fully  content  and  satisfied 
therewith  whereupon  his  Excellency  the  Governour  by  and  witii  the 
advice  and  consent  of  this  Board  was  pleased  to  allow  and  approve  of 
the  said  Deed  of  Sale  aiade  by  the  aforesaid  Indians  to  James  Brown 

A  Deed  of  Sale  from  James  Bennet  Tho'  Hoyton,  Charles  Beaseley 
and  Jeremiah  Pushing  Chief  Men  of  the  C^howan  Indians  to  Richard 
Minchen  for  one  hundred  Acres  of  Land  was  read  the  consideration 
money  therein  mentioned  being  fifty  pounds  and  the  said  Indians  being 
interrogated  thereon  were  therewith  content  whereupon  his  Excellency 
the  Governor  by  and  with  the  advice  and  consent  of  his  Majesty's  Conn- 
cel  was  pleased  to  allow  and  approve  of  the  said  Deed. 

A  Deed  of  sale  from  James  Bennet  Thomas  Hoyter  Charles  Beasley, 
Jeremiah  Pushing,  John  Robins,  John  Reading  and  Neuse  Will  Chief 
Men  of  the  Chowan  Indians  to  Thomas  Garret  for  four  hundred  Acres 
of  Land  was  read  at  the  Board  and  the  Consideration  money  therein 
mentioned  being  One  Hundred  and  fifty  pounds  the  said  Indians  declared 
that  they  had  received  part  thereof  and  that  they  had  the  said  Garrets 
oblio-ation  for  the  remainder  and  were  therewith  fully  content  whereupon 
his  Excellency  the  Governour  by  and  with  the  advice  and  consent  of  his 
Majestys  Council  was  pleased  to  allow  and  approve  of  the  said  Deed 

A  Deed  of  Sale  from  Thomas  Hoyter,  Jeremiah  Pushing,  Charles 
Beasley  and  James  Bennet  Chief  Men  of  the  Chowan  Indians  to  Michael 
Ward  for  two  hundred  Acres  of  Land  the  Consideration  Money  therein 
mentioned  being  sixty  pounds  and  the  said  Indians  being  interrogated 
thereon  were  content.  Whereupon  His  Excellency  the  Governour  by  and 
with  the  advice  and  consent  of  his  Majesty's  Council  was  pleased  to 
allow  of  the  said  Deed 

A  Deed  of  Sale  from  Thomas  Hoyton,  Jatnes  Bennet  Charles  Bennet 
and  Jeremiah  Pushing  Chief  Men  of  the  Chowan  Indians  to  Jacob 
Hinton  for  two  hundred  acres  of  land  was  read  and  the.  consideration 
money  therein  mentioned  being  one  hundred  pounds  the  said  Indians 
were  thereon  interrogated  who  declared  therewith  content  whereupon  His 
Excellency  the  Governor  by  and  with  the  advice  and  consent  of  this 
board  was  pleased  to  allow  of  the  same 

A  Deed  of  Sale  from  James  Bennet  Tho"  Hoyter,  Jeremiah  Pushing 
and  Charles  Beasley  Chief  Men  of  the  Chowan  Indians  to  John  Free- 


COLONIAL  RECORDS.  35 


man  for  two  Hundred  Acres  of  Land  was  read  and  the  consideration 
money  therein  mentioned  being  one  hundred  and  twenty  pounds  the  said 
Indians  were  thereon  interrogated  who  declared  that  they  were  therewith 
satified  whereupon  his  Excellency  the  Governor  by  and  with  the  advice 
and  consent  of  his  Majestys  Council  was  pleased  to  allow  of  the  same 

A  Deed  of  Sale  from  Thomas  Hoyter  James  Bennet  and  Charles 
Beasley  Chief  Men  of  the  Chowan  Indians  to  William  Hill  for  one 
hundred  Acres  of  Land  was  read  the  consideration  Money  therein  men- 
tioned being  sixty  barrels  of  Tar  the  said  Indians  on  examination  were 
therewith  fully  content  Whereupon  liis  Excellency  the  Governor  by  and 
with  the  advice  and  consent  of  his  Majestys  Council  was  pleased  to  allow 
and  approve  of  the  same 

A  Deed  of  Sale  from  James  Bennet  Thomas  Hoytiin,  C)harles  Beasley 
and  Jeremiah  Pushing,  Chief  Men  of  the  Chowan  Indians  to  Michael 
W^ard  for  six  hundred  Acres  of  Land  was  read  and  the  consideration 
Money  therein  mentioned  being  Eighty  Pounds  the  said  Indians  on 
Examination  was  therewith  fully  satisfyed  and  content  Whereupon  his 
Excellency  tlie  Governor  by  and  with  the  advice  and  consent  of  his 
Majestys  Council  was  pleased  to  allow  of  the  same 

A  Deed  of  Sale  from  Thomas  Ht>yter  James  Bennet  Charles  Beasley 
and  Jeremiah  Pushing  Chief  Men  of  the  Chowan  Indians  to  James 
Hinton  for  one  hundred  Acres  of  Land  was  read  and  the  consideration 
Money  therein  mentioned  being  fifty  Pounds  the  said  Indians  being 
examined  thereon  were  therewith  content  whereupon  his  Excellency  the 
Governor  by  and  with  the  advice  and  consent  of  his  Majestys  Council 
was  pleased  to  allow  of  the  said  Sale 

Mr  Attorney  General  Represented  to  this  Board  that  Capt  Aaron 
Blanchard  had  got  into  his  possession  and  keeping  a  Patent  belonging  to 
the  Chowan  Indians  for  their  Lands  on  Bennets  Creek  and  that  he  had 
refused  to  deliver  the  said  Patent  to  the  Chief  Men  of  the  said  Nation 
who  prayed  relief  therein  from  this  Board  Whereupon  his  Excellency 
the  Governor  by  and  with  the  advice  and  consent  of  his  Majesty's  Coun- 
cil was  pleased  to  Order  that  the  said  Aaron  Blanchard  do  forthwith 
Lodge  Ihe  said  Patent  in  the  Secretary's  Office  of  this  Province  fir  tlie 
benefit  of  the  said  Indians  and  all  others  concerned     By  Order 

R.  F.  D.  C.  E 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  11*  day  < 
February  1731 

Present  His  Excellency  Gabriel  Johnston  Esq'  Governor  &c 
rp.      TT        .  1 1    f  Robt  Halton     Eleaz  Allen  )^    Esq"  Members  of 
\  Edm*  Porter     R.  Moore      j  his  Majestys  Council 


36  COLONIAL  RECORDS. 


His  Excellency  the  Governor  was  please  to  direct  that  Edward  Mose- 
ley  Esq'  give  security  in  pursuance  of  an  Order  of  this  Board  passed  the 
29""  day  of  last  month  before  Edniond  Porter  Esq 

Ordered  that  a  Summons  Issue  to  the  several  Gent  who  gave  their 
Depositions  in  Council  the  29*  of  last  month  to  appear  in  Couucel  to 
morrow  in  the  forenoon  to  sign  their  several  Depositions 

By  Order  R.  F.  D.  C.  E. 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  13*  day  of 
February  173|- 

Present  His  Excellency  Gabriel  Johnston  Esq"'  Governour  &c 
(  Will  Smith      Eleaz'  Allen  ^       Esq"  Members 

The  Honorable  <^  R.  Halton        R.  Moore       V  of  his 

(  E.  Porter         E.  Moseley   j    Majestys  Council 

His  Excellency  the  Governor  was  pleased  to  lay  before  the  Board  His 
Majestys  36""  Instruction  relating  to  a  Court  of  Exchequer  being  ap- 
pointed within  this  Province  which  was  read  and  is  as  follows  Viz' 

Instruction  36'" 

"  Whereas  it  is  necessary  that  our  Rights  and  dues  be  jjreserved  and 
recovered  and  that  Speedy  Effectual  Justice  be  administered  in  all  cases 
relating  to  our  Revenue  You  are  to  take  care  that  a  Court  of  Exchequer 
be  called  and  do  meet  at  all  such  times  as  shall  be  needful  and  you  are 
upon  your  arrival  to  Inform  us  and  our  Commissioners  for  Trade  and 
Plantations  whether  our  Service  may  require  that  a  Constant  Court  of 
Exchequer  be  settled  and  Established  in  North  Carolina 

His  Excellency  the  Governor  was  pleased  to  ask  the  opinion  of  the 
Board  thereon  who  were  unanimously  of  opinion  that  such  a  Court  was 
necessary 

Then  his  Excellency  the  Governor  was  pleased  to  order  That  Mr 
Attorney  Gen'  do  prepare  a  Draft  of  a  Commission  for  erecting  the  said 
Court  within  this  Province  and  that  he  lay  the  same  before  this  Board 
on  Tuesday  next 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council  was  pleased  to  Order  that  Mr  Attorney  General 
Montgomery  should  prepare  a  draft  of  a  Proclamation  to  be  laid  before 
this  Board  on  Tuesday  next  requiring  and  directing  the  Inhabitants  of 
Albemarle  County  that  as  they  are  in  Arrear  to  his  Majesty  for  Quit 
Rents  Liberty  will  be  given  them  to  pay  the  same  to  the  Reee"'  General 
or  his  Deputy  at  two  payments  in  Gold  or  Silver  at  their  respective 
Houses  producing  their  last  receipt  of  Payment  but  in  case  the  People 
shall  choose  to  pay  their  Quit  rents  in  tiie  Publick  Bills  of  this  Province 
That  then  tiiis  Board  will  settle  the  difference  of  the  Exchange  between 


COLONIAL  KECORDS.  37 


Sterling  money  and  the  said  Bills  wliicli  must  then  be  paid  by  His  Maj- 
estys  Tenant  to  tl'ie  Uece"'  General  or  his  Deputy  at  the  several  and  re- 
spective Court  Houses  witiiin  this  C'ounty  at  the  discount  to  be  so  settlcnl 
as  aforesaid  and  that  notice  will  be  given  in  every  Precinct  one  month 
before  the  receipt     By  order  R.  F.  C.   E. 


At  a  Council  held  at  the  Council  Ciiamber  in  Edenton  tlie  LS"'  tlay  of 
February  17;5f 

Present  His  Excellency  Gabriel  Johnston  Esq'  Governour  &c 
(  Will  Smith  R.  Halton      )     Esq"  Members 

;.  The  Honorable  <^  Nath  Rice  Eleaz'  Allen  V  of  His 

( E  Moseley  E  Pollock      J  Majestys  Council 

Mr  Attorney  General  in  Obedience  to  the  order  of  this  Board  passed 
tlie  13  Instant  now  laid  before  them  a  Draft  of  a  Proclamation  requiring 
the  Inhabitants  of  Albemarle  County  to  pay  the  Arrear  of  Quit  Rents 
due  to  his  Majesty  at  two  difPerent  payments  which  being  Read  was 
unanimously  approved  of 

Ordered  that  the  said  Proclamation  be  this  day  published  and  that  the 
C"'  of  this  Board  do  immediately  prepare  Copys  thereof  for  each  Precinct 
in  Albemarle  County 

His  Excellency  the  Governor  was  pleased  to  inform  this  Board  that 
he  had  directed  Mr  Attorney  General  to  prepare  a  Draft  of  a  Proclama- 
tion for  the  Auditor  or  his  Deputy  to  attend  at  the  times  of  payment  of 
his  Majesty's  Quit  Rent  with  tlie  Rec'  General  or  his  Deputy  to  Register 
and  Enroll  the  Lands  of  every  Person  which  being  read  was  unanimously 
approved  of  by  the  Board 

Mr  Attorney  General   laid    liefore  this  Board   in   obedience  to  their 
Order  passed  the  LS*  inst.  a  Draft  of  a  Commission  for  Erecting  of  a 
Court  of  Exchequer  which  was  read  and  approved  of  and  Ordered  that 
the  same  be  fairly  Engrossed  and  pass  the  great  Seal  of  this  province 
By  Order  R.  F.  C.  E.  pro  tem 


At  a  Council  iield  at  the  Council  Chamber  in  Edenton  the  20"'  day  of 
February  173f 

Present  His  Excellency  Gabriel  Joiinston  Esq'  Governour  ttc 

rp,  ( Nath  Rice  Elcaz  Allen  )       Esq"  Members 

„   ^'^^n   ^  R.  Halton  M.Rowan      ■  of  his 

honorable  ^-^  ^^^^^^,  ^  Moseley.  j  Majestys  Council. 

Thos  Wardroper  Gent  producing  to  this  Board  His  iSIajestys  War- 
rant appointing  Idm  Surveyor  General  of  this  Province  the  same  was 
read  and  admitted  of  and  Ordered  to  be  Registereil  in  the  Secretary's 


38  COLONIAL  RECORDS. 


Office     Then  the  said  Wardroper  took  and  subscribed  the  several  Oaths 
by  Law  appointed  to  be  taken  for  the  Qualification  of  Pnblick  Officers 
Bv  order.  R.  F.  D.  C.  E. 


N°  Carolina. 

At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  25*  day 

of  February  173| 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c 

r  Will  Smith         E.Porter       "j       Es  "  Members 
rTM     XT  II       Nath  Rice  Eleaz'  Allen  ^*1    ,.  .^.'^^  '^' 

The  Honorable^  ^   jj  j  ^   j^^^^^,^       .  of  Ins 

t  KMoseley  J     Majestys  Conned 

His  Excellency  the  Governor  was  pleased  to  lay  before  the  Board  sev- 
eral Petitions  which  he  received  from  Cape  Fear  and  Recommended  the 
Consideration  thereof  to  them  as  an  upper  House  and  that  the  injuries 
mentioned  by  the  said  Petitioner  and  others  may  l)e  now  relieved  by  a 
Bill  for  that  purpose  the  said  Petitions  were  Read. 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  first  day 
of  March  1735 

Present  His  Excellency  Gabriel  Johnston  Esq''  Governour  &c 
( Will  Smith  E.  Porter  ^     Esq"  Members 

The  Honorable  <  Nath  Rice  M  Rowan   V  of  iiis 

(  R  Halton  E  Moseley  j  Majestys  Council 

His  Excellency  the  Governour  was  pleased  to  direct  that  the  Com- 
mission for  Erecting  a  Court  of  Exchequer  for  this   Province  be  read 
which  was  accordingly  done  and  unanimously  approved  of  by  this  Board. 
Then  his  Excellency  signed  the  said  Commission  at  the  Board. 
Present 
Tl     H  bl    /  Eleaz"  Allen       1  Esq"  Members  of  his 

\  Cullen  Pollock  J  Majestys  Council 
Mr  Chief  Justice  Smith  presented  to  His  Excellency  the  Governour 
His  Majestys  Warrant  directing  that  several  Patents  Issue  under  the 
Great  Seal  of  the  province  constituting  and  appointing  the  said  Chief 
Justice  Chief  Baron  of  the  Court  of  Exchequor  witliin  this  Province 
which  was  read  and  approved  of  and  Ordered  that  several  Patents  issue 
accordingly 

Edward  Moseley  Esq'  Executor  of  the  last  Will  and  Testament  of 
Capt  Nicholas  Crisp  having  in  his  hands  the  sum  of  £13.6.9.15  a  sett 
of  Smiths  Tools  and  six  Silver  Spoons  and   a  Bond   of  Mr  Clharletons 


[jONIAL  UICCOltDS.  ;«i 


fur  £dH,  l)el()iigiii^'  to  Anne,  Mary,  Sarah  Eliza  and  G(M)rgc'  tlic  cliildicii 
of  Mr.  George  Diiraiit  deced.  is  willing  to  put  the  said  I'^state  into  tlir 
hands  of  Mr  Joseph  Biinconil)  wiio  hath  marryed  Annie  the  eldest 
daughter  of  the  said  Mr  Diirant  and  thereby  hath  right  to  one  fifth  part 
thereof.  His  Excellency  was  pleased  in  Conneil  to  consent  thereto  and 
Ordered  that  the  same  may  he  delivered  to  tiie  said  Joseph  Bnncoml) 
he  giving  secnrity  in  the  Secretarys  Office  ihv  the  delivery  of  each  the 
other  four  ciiildrens  parts  as  they  sjiall  severally  attain  to  age  or  day  of 
marriao'e  RED  Ck. 


At  a  ('oiincil  lielil  at  the  Council  Chamber  in  Edcnton  the  sixth  day 
of  March  Anno  Domini  17o|^ 

Present  His  Excellency  Gabriel  Johnston  Esq'  &c 

(  Will  Smith        R.  Halton      ]     Esq"  Members 
The  Honorable <  X.  Rice  Eleaz'  Allen   V  of  his 

(  M  Rowan  j  Majestys  Council 

His  Excellency  the  Governour  was  pleased  to  lay  before  the  Board  the 
great  ineonvenieiiey  that  attend  on  tiie  Receiver  Generals  living  out 
of  this  Province  and  that  as  there  is  a  considerable  Arrearage  of  Quit 
R,ents  now  due  to  his  Majesty  the  same  ought  to  be  immediately  collected 
which  of  course  will  take  a  considerable  part  of  the  present  currency  to 
pay  oif  the  said  Arrearage  which  when  received  would  be  in  the  power 
of  the  present  Rece''  to  take  out  of  this  Province  and  prevent  the  circu- 
lation thereof  amongst  the  Inhabitants  and  that  as  the  present  Receiver 
General  is  Secretary  and  Rece"^  General  of  the  Province  of  South  Caro- 
lina, he  is  by  virtue  of  his  said  Offices  obliged  to  reside  within  the  said 
Province  by  which  means  the  receipt  of  his  Majestys  Rents  here  is  neg- 
lected. 

Wherefore  to  the  end  the  receipt  of  the  arrearage  now  due  to  his  Maj- 
esty within  this  Province  may  no  longer  be  neglected  by  reason  of  the 
present  Rec"  absence  from  his  Office  His  Excey.  the  Governour  was 
thereupon  pleased  to  ask  the  advice  of  his  Majesty's  Council  whether  it 
would  not  be  for  his  Majestys  Service  and  the  good  of  this  Province  that 
a  proper  Person  residing  within  the  same  should  now  be  appointed  Rece' 
General  in  the  room  of  Jno  Hamerton  Esq'  the  present  Rec'  General 
being  now  absent  from  his  Office  and  residing  at  Charlestown  in  South 
Carolina  till  his  Majesty's  pleasure  shoidd  be  known  thereon  The  Hono- 
ble  the  Council  were  unanimously  of  Opinion  that  a  proper  Person  should 
be  appointed  Rec''  General  in  the  room  of  the  present  Rece'  General  who 
should  reside  within  this  province. 

Whereupon  His  Excellency  the  Governor  was  please  to  appoint  Eleaz' 
Allen  Esq'  Rec'  Gen'  of  this  jirovince  in  the  room   of  .Tohn   Hamerton 


40  COLONIAL  RECORDS. 


Esq'  (now  absent  from  his  Office)  nntill  his  Majesty's  pleasure  shall  be 
known  thereon  whom  the  Honoble  the  Council  unanimously  approved  of 
Ordered  that  a  Commission  pass  the  great  Seal  of  this  Province  con- 
stituting and  appointing  the  said  Eleaz''  Allen  Esq'  Rece'  General  of  this 
Province  untill  his  Majesty's  pleasure  be  further  known  thereon 

Whereas  there  has  been  since  the  Year  1725  great  abuses  and  Frauds 
committed  by  issuing  Blank  Patents  and  in  order  that  the  said  Frauds 
may  be  detected  His  Excellency  the  Governor  recommended  to  the  Board 
that  a  Committee  of  his  Majestys  Council  of  this  Province  be  appointed 
to  Enquire  into  the  said  abuses  which  the  Council  unanimously  approved 
of  Thereupon  His  Excellency  tlie  Governor  appointed  Nath  :  Rice, 
Robert  Halton  and  Mathew  Rowan  Esq"  a  Committee  to  Examine  into 
and  detect  all  Frauds  and  abuses  committed  by  Blank  Patents  as  afore- 
said and  to  make  report  of  their  enquiry  to  this  Board  from  time  to  time 
as  they  shall  see  cause  and  that  the  said  Committee  have  full  power  and 
authority  to  send  for  Persons  Books  and  Papers  and  to  hear  and  deter- 
mine therein  in  the  most  Solemn  manner 

His  Excellency  the  Governour  was  pleased  to  sign  in  Council  a  Patent 
under  the  great  Seal  of  this  province  constituting  and  appointing  the 
Honoble  William  Smith  Esq'  Chief  Baron  of  His  Majestys  Court  of 
Exchequer  of  this  province 

His  Excellency  the  Governour  was  pleased  to  declare  in  Councel  this 
Day  his  Intention  of  openiug  the  Land  Office  on  Tuesday  the  13"'  day 
of  May  at  Newton  on  the  N°  East  branch  of  Cape  Fear  river  for  the 
Inhabitants  of  that  River  and  places  adjacent  in  the  County  of  Bath 
and  in  Order  to  do  Justice  to  his  Majesty  and  prevent  confusion  and 
unnecessary  disputes  amongst  the  Inhabitants  of  this  Province 

His  Excellency  was  further  pleased  to  declare  in  Councel  that  the  fol- 
lowing rules  should  be  punctually  observed  in  disposing  of  his  Majestys 
Lands  to  the  Inhabitants  thereon 

First.  That  all  persons  who  have  possessed  Lands  by  any  Title  what- 
soever shall  be  obliged  to  pay  Quit  rents  from  the  time  of  Possession 
whenever  required  by  Proclamation. 

2'"'^.  That  all  persons  who  have  burned  ligiitwood  or  boxed  Trees  for 
Turpentine  on  the  Kings  Lands  may  have  a  Grant  upon  payment  of  the 
Quit  Rents  when  required  as  above  from  the  time  they  first  burned  light- 
wood  and  the  said  Persons  shall  not  be  entituled  to  a  Grant  of  any 
Lands  whatsoever  unless  they  take  up  such  Lands  as  they  have  burned 
Lightwood  upon. 

gdiy_  That  all  Persons  who  during  the  late  times  of  confusion  have 
entered  and  possessed  Lands  not  Legally  surveyed  and  Patented  before 


COLONIAL  RF.CORDS.  41 


with  a  design  to  comply  with  His  Majestys  Terms  when  the  Land  Office 
should  be  opened  and  have  cultivated  and  improved  such  Lands  shall 
obtain  a  Grant  preferable  to  all  others 

4.  That  all  Persons  who  have  taken  up  Lands  by  Warrants  according 
to  the  Kings  Instructions  and  duly  surveyed  the  same  shall  iiave  grants 
upon  payment  of  the  full  fees  the  Governor  without  being  obliged  to 
take  out  new  Warrants 

5.  That  where  two  or  more  Warrants  have  been  so  obtained  for  the 
same  Lands  the  first  Warrant  shall  be  preferred  if  Surveyed  if  neither 
of  the  Warrants  have  been  Executed  Preference  to  the  first 

6.  All  Persons  who  intend  to  Petition  for  Patents  shall  be  obliged  to 
give  notice  in  writing  at  least  one  montii  before  they  apply  for  Lands  at 
the  Court  House  door  of  the  Precinct  or  other  the  most  remarkable 
places  of  their  designed  ap])lication  and  at  the  same  time  to  describe  the 
Lands  they  design  to  apply  for  as  to  their  scituation  number  of  Acres 
the  River  and  Precinct  where  it  lyes  and  siiall  bo  obliged  to  make  proof 
of  such  Notice  given 

7.  Least  any  thing  contrary  to  I^aw  in  any  Petition  or  Claim  may 
pass  unobserved  no  Petition  or  Claim  shall  be  received  before  it  is 
perused  and  Signed  by  His  Majesty's  Attorney  General  and  the  said 
Attorney  shall  not  take  above  ten  Shillings  for  a  fee  for  such  perusal 
and  signing — Which  being  read  the  Honoble  the  Council  unanimously 
approved  thereof  and  directed  the  Clerk  of  this  Board  forthwith  to  pre- 
pare Extracts  of  the  above  Orders  and  rules  to  be  observed  and  direct 
them  to  the  Deputy  Marshals  in  the  several  Precincts  in  the  County  of 
Bath  to  be  by  them  fixed  up  at  the  most  noted  places  of  the  Precincts 
where  the  Office  is  to  be  opened 

His  Excellency  the  Governour  was  pleasetl  to  lay  before  the  Board  a 
Proclamation  which  lieing  read  was  unanimously  approved  of  and  is  as 
follows  Viz' 

North  Carolina — ss. 

By  His  Excellency  Gabriel  Johnston   Esq'  Captain  General  and  Gov- 
ernor in  Chief  of  said  province 

A  Proclamation 
Whereas  several  persons  have  presumed  to  enter  and  burn  Lightwood 
on  his  Majestys  Laud,  and  thereby  discouraged  others  to  take  Grants  of 
such  Lands  and  Lessened  his  Majestys  revenue,  that  such  Offenders  be 
duely  punished,  and  the  like  audacious  Invasion  of  his  Majestys  prop- 
erty be  for  the  future  prevented  ;  I  do  by  and  with  the  Assent  of  His  Maj- 
esty's Council  declare  and  promise,  that  all  persons  who  shall  give  Infor- 
6 


42  COLONIAL  RECORDS. 


mation  to  me  or  his  Majestys  Attorney  General  of  any  person,  who  have 
at  any  time  since  tiie  first  clay  of  August  in  the  Year  1729,  burned  any 
Lightwood  into  Tar  or  boxed  any  trees  for  Turpentine  on  any  of  his  Maj- 
estys Lands  in  this  Government,  such  person  who  makes  such  discovery, 
shall  have  and  receive  upon  conviction  of  each  Offender,  the  Sum  of  fifty 
pounds  current  Bills,  Clear  of  all  charges  of  the  prosecution.  And  I 
do  strictly  charge  and  command,  that  for  the  future  no  persons  presume 
to  burn  any  Lightwood  or  box  any  Trees  on  his  Majestys  Land.  And 
his  Majestys  Attorney  General  is  hereby  commanded  forthwith  to  prose- 
cute by  Information  in  the  Court  of  Exchequer  or  by  Indictni'  all  per- 
sons who  have  in  that  manner  Offended,  whether  by  colour  or  pretence 
of  Warr"  Surveys  or  otherwise  unless  such  persons  do  within  the  space 
of  one  month  after  the  Land  Office  shall  be  Opened,  take  and  procure 
Grants  for  such  Ijightwood  Lands,  and  pay  Quit  rents  from  the  time 
they  first  burned  Lightwood  or  boxed  trees  thereon  of  which  all  persons 
are  directed  to  take  notice. 

GAB.  JOHNSTON. 
God  save  the  King. 

Given  at  the  Council  Chamber  in  Edenton. 

His  Excellency  the  Governour  was  pleased  to  lay  before  the  Board 
another  Proclamation  which  was  also  read  and  unanimously  approved  of 
and  is  as  follows.  Viz' 

By  his  Excellency  Gabriel  Johnston  Esq'  His  Majestys  Captain  General 

and  Governour  in  Chief  in  and  over  the  said  province 
A  Proclamation 

Whereas  Great  number  of  People  have  sat  down  on  His  Majestys 
Lands  and  continue  in  possession  thereof,  who  have  never  taken  out  War- 
rants for  surveying  the  said  Land,  in  order  to  a  Title  thereto;  And 
divers  others  having  W^arr'°  have  nevertheless  neglected  to  have  their 
Lands  admeasui'ed  and  return  thereof  made  into  the  Secretarys  Office 
thereby  eluding  the  payment  of  his  Majestys  Quit  rents  to  the  great  les- 
sening of  His  Majestys  revenue. 

I  do  therefore  by  and  with  the  advice  and  consent  of  His  Majestys 
Council  direct  and  require  all  such  persons,  as  are  seated  on  Lands  for 
which  no  Warr**  have  Issued  to  take  out  Warr**  for  their  said  Lands,  on 
or  before  the  2''  day  of  February  next  answering  otherwise  they  will  lose 
the  benefit  of  their  Cultivation,  and  the  said  Lands  will  be  deemed 
Vacant  Land,  and  free  for  any  other  person  to  take  up 

And  that  all  such  persons  as  have  taken  out  Warrants  for  their  Land 
do  return  the  same  into  the  Sec'^'  Office  and  apply  to  the  Gov'  in  Council 


COLONIAL  RECORDS.  43 


for  patents  in  pursuance  thereof  hy  tlie  said  2''  day  of  February,  Other- 
wise their  Warr"  will  be  deemed  null  and  void  and  the  Lands  claimed 
thereby,  in  like  manner  free  for  any  otiier  person  to  take  up. 

By  His  Excys  Command  GAB  JOHNSTON 

God  save  the  King 
Nath  Rice  Sec'^ 

Upon  reading  this  day  a  Petition  fron  the  Inhabitants  and  others  in 
and  about  Newtown  on  the  N°  E'  branch  of  Cape  Fear  River  praying 
that  the  said  place  may  be  made  a  Town  by  the  name  of  with  all 

such  Liberties  privileges  and  Imunities  as  His  Excellency  the  Governor 
and  this  Honoble  Board  should  be  pleased  to  invest  the  same  with  and 
this  Board  taking  the  same  into  consideration  doth  hereby  Establish  the 
same  a  Town  by  the  name  of 

Provided  the  Inhabitants  thereof  do  within  the  space  of  two  years 
from  the  Date  hereof  build  and  erect  six  Brick  Houses  in  the  principal 
Streets  of  forty  feet  long  and  thirty  feet  deep  R.  F.  D.  E.  C. 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  22''  day  of 
March  1735 

Present  His  Excellency  Gabriel  .Johnston  Esq"'  Governour  &c 

The  Honorable /  ^''^  ^'^^^^^     ^^"^^  Halton    \  Esq--^  Mem"  of  his 
\  Nath  Rice       Eleazer  Allen  )    Majestys  Council 

William  Smith  Esq"  appeared  before  his  Excellency  the  Gov'  in 
Council  and  took  and  subscribed  the  several  Oaths  by  Law  appointed  to 
be  taken  for  Qualification  of  Publick  Officers  as  Chief  Barron  of  His 
Majestys  Court  of  Exchequer  within  this  province  as  also  the  oath  of 
Chief  Baron 

Eleazer  Allen  Esq'  took  and  subscribed  the  several  oaths  by  Law 
appointed  to  be  taken  for  Qualification  of  Publick  Officers  as  Reee'  Gen- 
eral of  this  province  as  also  the  Oath  for  the  due  and  faithful  perform- 
ance of  his  said  office. 

His  Excellency  the  Governour  was  jileased  to  lay  before  the  Board  the 
necessity  of  appointing  two  assistant  Barons  to  the  Chief  Baron  and 
accordingly  appointed  William  Forbes  and  James  Innes  Esq"  Assistant 
Barons  to  William  Smith  Esq'  Chief  Baron  of  the  said  Province  who 
were  unanimously  approved  of  by  the  Council 

Ordered  that  a  Commission  pass  the  seal  constituting  and  appointed 
the  said  William  Forbes  and  James  Innes  Esq'  Assistant  Barons  to  the 
said  William  Smith  Esq 


44  COLONIAL  RECORDS. 


His  Excellency  the  Governour  was  pleased  to  appoint  Robert  Halton 
Esq'  to  be  usher  of  His  Majestys  Court  of  Exchequer  within  this  prov- 
ince who  was  unanimously  approved  of  by  the  Council  and  Ordered 
that  a  Commission  pass  the  Seal  of  the  Province  constituting  and  ap- 
pointing the  said  Robert  Halton  Esq'  usher  of  His  Majestys  said  Court 
of  Exchequer. 

His  Excellency  the  Governour  was  pleased  to  appoint  Robert  Forster 
Gent  Chief  Remembrancer  and  Clerk  of  his  Majestys  Courts  of  Excheq' 
within  this  Province  who  was  unanimously  approved  of  by  this  Board 
and  ordered  that  a  Commission  to  pass  the  Seal  of  the  province  consti- 
tuting and  appointing  the  said  Robert  Forster  Chief  Remembrancer 
and  Clerk  of  the  said  Court  of  Exchequer 

His  Excellency  the  Governour  was  pleased  to  appoint  the  Court  of 
Excheq'  to  be  opened  and  held  at  Newtown  on  the  N°  E'  Branch  of 
Cape  Fear  river  on  the  13  day  of  May  next  and  to  continue  and  adjourn 
from  tiience  to  place  to  place  and  from  time  to  time  as  the  Court  shall 
think  fit  to  the  13  of  November  following 

His  Excellency  the  Governour  was  pleased  to  Represent  to  the  Board 
that  it  was  highly  necessary  for  the  immediate  expediting  and  carrying 
on  his  Majesty's  Service  that  some  Person  be  authorized  and  appointed 
to  Execute  the  Office  of  Auditor  and  Surveyor  of  his  Majestys  Revenues 
arising  within  this  Province  untill  the  And'  General  of  America  shall 
think  proper  to  appoint  a  Deputy  to  Execute  the  same. 

Thereupon  His  Excellency  the  Governour  was  pleased  to  appoint  Wil- 
liam Maxwell  Esq'  to  be  Deputy  And'  and  Surveyor  of  His  Majesty's 
Quit  Rents  and  other  Revenues  within  this  province  untill  the  Pleasure 
of  the  Auditor  and  Surveyor  General  of  His  Majestys  Revenues  of 
America  be  known  therein  who  the  Council  unanimously  approved  of 

Ordered  that  a  Commission  pass  the  Seal  for  the  said  Office  accord- 
ingly 

His  Excellency  the  Governour  was  pleased  to  lay  before  the  Board  the 
great  difficulty  that  would  attend  the  Receipt  of  the  arrearage  of  Quit 
Rents  now  due  to  his  Majesty  and  particularly  from  the  Inhabitants  of 
the  County  of  Albemarle  within  this  province  which  could  not  be  done 
by  the  Rec'  General  alone  because  of  the  vast  Extent  of  Ground  between 
Currituck  inlet  and  the  head  of  Edgcombe  precinct  and  in  order  to  make 
the  charge  of  the  said  receipt  easy  to  His  Majesty  His  Excellency  the 
Governoiu"  thereupon  proposed  to  the  Council  that  two  proper  Persons 
l)e  appointed  Assistants  to  the  said  Reee'  General  whose  business  should 
be  to  attend  at  the  Court  House  in  every  precinct  within  the  said  County 
to  receive  the  said  arrearage  of  Rent  and  to  give  Receipts  for  the  same 


COLONIAL  RPX'ORDS.  45 


and  for  which  they  should  be  allowed  £5  '^  cent  over  and  above  what 
the  Rfce'  General  is  allowed  by  His  Majesty  for  the  General  Receipt 
which  this  Board  nnaninionsly  a])j)roved  of 

Thereupon  His  Excellency  the  (h)\'  was  pleased  to  a[)point  Robert 
Halton  Es(j''  and  Robert  Forster  Gent  assistants  to  Elca//  Allen  Escf 
Rcc"  General  whom  the  Council  unanimously  approved  of 

Ordered  that  a  Commission  pass  the  Seal  accordingly  constituting  and 
appointing  the  said  Robert  Halton  and  Robert  Forster  Assistants  to  the 
said  Eleazer  Allen  Esc}"' 

His  Excelleniy  the  Governour  was  pleased  to  appoint  Nath'  Ric'c, 
Cullen  Pollock  and  William  Downing  Esq"  to  be  Assistant  Jtistices  of 
the  General  Court  of  this  Province  who  the  Council  unanimously  ap- 
provetl  of 

Ordered  That  a  Commission  j)ass  the  great  Seal  of  this  Province  accord- 
ingly constituting  and  appointing  the  said  Nath  Rice,  Cullen  Pollock 
and  William  Downing  Esq"  Assistant  Justices  of  the  General  Court 

His  Excellency  the  Gtivernour  was  pleased  to  acquaint  this  Board 
that  by  his  Majesty's  Royal  Instruction  he  is  commanded  to  appoint  two 
Courts  of  Oyer  and  Terminer  on  the  second  Tuesday  in  the  Months  of 
June  and  December  yearly  for  preventing  long  imprisonments  and  as 
there  has  not  hitherto  been  any  Court  of  Oyer  and  Terminer  held  in  the 
Southern  parts  of  this  province  and  because  also  His  Majestys  Service 
requiring  the  attendance  of  some  of  the  members  and  officers  of  said 
Court  in  collecting  and  receiving  the  quit  Rents  the  Governour  was 
thereon  pleased  to  appoint  the  said  Court  to  be  held  at  Newton  on  the 
N.  E.  branch  of  Cape  Fear  river  on  Tuesday  the  13*^  day  of  May  next 

His  Excellency  the  Governour  was  pleased  to  appoint  Nath'  Rice  and 
Eleazer  Allen  Esq"  Assistant  Judges  of  the  Court  of  Oyer  and  Terminer 
and  Ordered  that  a  Commission  pass  the  Seal  for  the  same  accordingly 

His  Excellency  the  Governour  was  pleased  to  acquaint  this  Board 
that  he  had  lately  visited  the  Tuskaroora  Indian  Town  when  the  said 
Indians  complained  of  several  abuses  committed  by  the  white  People 
living  near  them  such  as  selling  rum  to  their  people  in  the  Towns  that 
they  were  prevented  from  hunting  as  usual — And  also  that  they  were 
very  much  imposed  on  by  the  People  keeping  Ferrys  in  this  Province 
who  exacted  more  from  them  for  being  carry ed  over  than  what  was 
allowed  by  Law  and  very  often  refused  carrying  them  at  all 

The  Council  thereon  advised  His  Excellency  to  Issue  his  Proclama- 
tion regulating  the  above  abuses  R.  FORSTER,  D.  C.   E. 


46  COLONIAL  RECORDS. 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  23*  day  of 

March  1734  [1735] 

Present  His  Excellency  Gabriel  Johnston  Esq'  Governour  &e 

rru    TT  u^     f  Will  Smith       Nath  Rice      \  Esq"  Members  of  His 

ihe  Honorable  |  ^^^^  jj^j^^^j    j,j^^^  ^jj^,^  |       Majestys  Council 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Conncil  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Nath  Rice,  Rob'  Halton  Eleazer 
Allen,  Mathew  Rowan,  Roger  Moore  James  Innes  Edward  Hyrne 
David  Evans  Thomas  Cliffoi'd  Joshua  Gabriel  Job  How  and  John 
Swann  Justices  of  tlie  precincts  of  New  Hanover  to  sit  and  hold  a  Court 
on  the  second  Tuesday  in  March,  June  September  and  December  an- 
nually 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majesty's  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
Province  constituting  and  appointing  Edward  Marsburn  Charles  Harri- 
son James  Foyle  Abi-aham  Mitchel,  Nicholas  Hunter  Christopher  Dud- 
ley, John  Starkey  Charles  Jeflerys  Shubridge  Thomas  Fullwood 

Christian  Heidleburgh  Jos.  Morgan  Justices  of  the  peace  for  the  pre- 
cinct of  Onslow  to  sit  and  hold  a  Court  on  the  first  Tuesday  in  April 
July,  October  and  January  annually 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Mathew  Rowan  William  Forbes 
Samuel  WoodM'ard  Cornelius  Harnet  John  Davis  Hugh  Blaning  John 
Dallison  John  Grange  Joseph  Clark  John  Clayton  Ephraim  Vernon 
and  Griffith  Jones  Justices  of  the  peace  for  the  precinct  of  Bladen  to  sit 
and  hold  Court  on  the  third  Tuesday  in  March  June  September  and 
December  annually 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Robert  West  James  Castellaw 
George  Winn  John  Bonde  John  Holbrook  Peter  West  James  Lockhart 
John  Edwards,  John  Gray,  Thomas  Witmel  Jun'  Thomas  Hansford 
Rowland  Williams  Samuel  Taylor  Nicholas  Fairless  William  Short  Jus- 
tices of  the  peace  for  the  precinct  of  Bertie  to  sit  and  hold  a  Court  on 
the  Second  Tuesdays  in  the  months  of  May  August  November  and  Fel)- 
ruary  annually 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
liis  Majesty's  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Rob'  Turner  D'  Patrick  Manle 


COLONIAL  KECOKDS.  47 


Lemon  Aklerson  Sesith  Pilkington  John  Caldon  Charles  Odeon  Tlionia.s 
Tyson  Abraham  Pritchard  Thomas  Smith  William  Corbin  Samuel  Sin- 
clair and  William  Barrow  Justices  of  the  peace  for  the  precinct  of  Bean- 
fort  and  Hj'de  to  sit  and  hold  Court  on  the  second  Tuesday  in  the  months 
of  June,  Se])tember  Dec.  and  March  yearly 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  dotli  order  that  a  Commission  pjiss  the  Seal  of  this 
Province  constituting  and  appointing  Thomas  Ivovick  Richard  Rustal 
Joseph  Bell  Enoch  Ward  Richard  Whitehouse  Arthur  Mabson  James 

Salter,  Joseph  Calvert,  Thos  Dudley  John  Nelson Wilkins  Thomas 

Austin  Justices  of  the  peace  for  the  precinct  of  Carteret  to  sit  and  hold 
a  Court  on  the  first  Tuesday  in  Marcli,  June  September  and  December 
annually 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
Province  constituting  and  appointing  George  Roberts  William  Hancock 
Thomas  Masters  John  Bryan  William  Brice  Adam  Moore  John  Fon- 
vielle  Daniel  Shines  Joseph  Hannis  Pinion  Bright  Nicholas  Routlege 
and  ^Yilliam  Trapnal  Justices  of  the  peace  for  the  precinct  of  Craven 
to  sit  and  hold  a  Court  on  the  third  Tuesday  in  March  June  September 
and  December  annually. 

His  Excellency  tiie  Governour  l)y  and  with  tlie  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appinting  E  Porter  John  Montgomery  Robert 
Foster  Charles  Webster  Aaron  Blanchard  Thomas  Garret  John  Sumner 
Charles  King  William  Houghton  Henderson  Luten  Abraham  Hilliard 
William  Hill  Esq"  Justices  of  the  peace  for  the  precinct  of  Chowan  to 
sit  and  iiold  a  Court  on  the  third  Thursday  in  the  months  of  April  July, 
October  and  January  yearly. 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Zebulon  Clayton  Richard  Saunder- 
son  James  Sumner  Thos  Doctan  Jacob  Chancey  Joseph  Sutton  Nath'  Car- 
ruthers  James  Sitterson  John  Stepney  Marmaduke  Norfleet  John  Ste- 
phenson and  Thos  West  Justices  of  the  peace  for  the  precinct  of  Pequi- 
mons  to  sit  and  hold  a  Court  on  the  third  Monday  in  the  months  of 
April  July  October  and  January  yearly. 

Ordered  that  a  Commission  pass  the  Seal  constituting  and  appointing 
CuUen  Pollock  William  Downing  Samuel  Spruil  Stephen  Lee  Richard 
Lairy  Jr  Jno  Swain  Edward  Smith  wick  William  Gardener  John  Nairn 
Jn"  Worley  Jr  Samuel   Wheatley  William  Wilson  Justices  of  Tyrril 


48  COLONIAL  RECORDS. 


precinct  to  meet  the  first  Tuesdays  in  March  June  September  and 
December  annually. 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
Province  constituting  and  appointing  John  Solly  David  Bailey  Gabriel 
Burnham  Simon  Bryan  Rob'  Lowry  Sen"^  William  Bryan  Charles  West 
Thomas  Hunter  Benjamin  Alexander  James  George  Oliver  Salter  and 
William  Relf  Esq"  Justices  of  the  peace  for  the  precinct  of  Pasquotank 
to  sit  and  hold  a  Court  on  the  second  Tuesdays  in  the  months  of  April 
July  October  and  January  yearly 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
his  Majestys  Council  doth  order  that  a  Commission  pass  the  Seal  of  this 
province  constituting  and  appointing  Isaac  Davis  John  Man  Thomas 
Lowther  I^ewis  Jenkins  Luke  White  Samuel  Williams  William  Lowry 
and  Henry  Brag  Esq"  Justices  of  the  peace  for  the  precinct  of  Curra- 
tuck  to  sit  and  hold  a  Court  on  the  first  Tuesday  in  the  months  of  April 
July  October  and  .January  yearly  R.  F.  D.  C.  E. 


North  Carolina — ss. 

At  a  Council  held  at  Newton  on  Cape  Fear   River  the  1.3"'  day  of 

May  Anno  Dom.  17.3.5. 

Present  His  Excellency  Gabriel  Jolinston  Esq"'  Gov.  &o 

m     tr  1  1    f  ^Vill  Smith     Nath  Rice  1  Esq"  Members  of  his 

llie  Honorat)le-;  u   i     i.  u  u  <      i\V  •    ^      /i         -i 

(^  Robert  Halton  J      Majestys  Council 

His  Excellency  the  Governour  was  pleased  to  signity  to  this  Board 
That  his  Majesty  had  been  pleased  by  one  of  his  Just^  to  grant  the  Sum 
of  one  hundred  pounds  proclamation  money  for  holding  each  Court  of 
Oyer  and  Terminer  to  be  held  within  this  Province  and  as  tiie  same  had 
not  been  distributed  among  the  officers  of  the  said  Court  His  Excellency 
was  pleased  in  Council  to  distribute  the  said  Salary  amongst  the  Officers 
of  the  said  Court  in  the  following  manner  Viz' 

To  the  Chief  Justice  for  each  Court  £30 

To  the  Attorney  General  20 

To  the  Clerk  of  the  Crown  20 

To  the  Provost  Marshall  for  finding  the  Court  with   Dinners -j 

during  their  Setting  and  for  finding  the  Grand  Jury  with  a  >        30 
Dinner  ) 

Read  the  Petitions  of  Sundry  Persons  whose  names  are  under  written 
directed  to  His  Excellency  in  Council  setting  fortli  that  they  had  ob- 
tained Warrants  from  the  late  Governor  Viz' 


COLONIAL  KECOKDS.  49 


Hiigli  Blaning  640  Acres  Bladen,  Ditto  640  Bladen,  Cornelius  Har- 
nett 640  Bladen,  Ditto  640  Bladen,  Edward  Lee  640  Bladen,  Jolin  Dal- 
lison  640  Ditto 

Which  Warrants  having  been  duly  executed  and  returned  into  the 
Secretarys  Office  the  said  petitioners  humbly  pray  patents  for  the  said 
several  and  respective  Tracts  which  his  Excellency  by  and  within  the 
advice  and  Consent  of  his  Majesty's  Council  was  pleased  to  grant  and 
thereupon  tis  Ordered  that  Patents  issue  accordingly. 


At  a  Council  held  at  Newton  on  the  14""  of  May  1735 
Present  His  Excellency  the  Governour  &c 

( Will  Smith  Math  Rowan )       Esq"  Memljers 

The  Honorable^  Rob' Halton         Elea^  Allen     V  of  His 

(  Edward  Moseley  j     Majestys  Council 

Read  the  petition  of  the  following  Persons  setting  forth  that  they  ob- 
tained Warrants  from  the  late  Gov"'  which  have  been  duly  executed  and 
returned  and  Praying  Patents  for  the  same  Viz' 

Edward  Moseley  200  N.  Hanover,  Do  575  Ditto,  Do  600  Ditto,  Cor- 
nelius Harnet  .320  Ditto,  William  Norton  640  Bladen,  Edward  Moseley 
250  N.  Hanover 

Ordered  that  patents  issue  accordingly 


May  the  15""  1735 

Present  His  Excellency  the  Governour 
r Will  Smith  Math  Rowan  1     „    „  ,,     , 

T.,     „       ,,       NathRice  Roger  Moore       M"  Members 

The  Honoble     j^,,^,,  ^_^^^^^^         ^j  8 ,  ^,j^^^  _  of  H,s 

L  Edward  Moseley  J  Majestys  Conned 

Read  tiie  Petitions  of  the  following  Persons  setting  forth  that  thev 
obtained  Warrants  from  the  late  Gov'  which  have  been  duly  executed 
and  returned  and  praying  Patents  for  the  same  viz' 

Rob'  Halton  640  Bladen,  Do  1200  Bladen,  (Those  granted  the  19""), 
Ditto  640  Ditto,  Thos  Powers  640  N.  Hanover,  Cornelius  Harnet  640 
Bladen,  Ditto 

Ordered  that  Patents  issue  accordingly 

Read  the  Petitions  of  James  Espy  praying  a  Warrant  for  640  Acres 
of  Land  on  Broad  Water  joining  E.  Allen's  Plantation  and  shewing  he 
had  often  applied  to  Gov'  Burrington  for  a  Warrant  for  the  said  Land 
but  conld  never  obtain  one  Roger  Moore  objected  against  the  said  Espy 
having  his  Petition  granted  upon  arguing  of  which  at  length  twas  agreed 

,7 


50  COLONIAL  RECORDS. 


by  the  parties  and  allowed  by  the  Gov'  and  Council  that  the  .said  Espy 
should  have  a  Warrant  for  350  acres  of  the  said  Land  including  that 
part  whereon  he  hath  made  improvements  the  rem'  to  the  said  Roger 
Moore 

His  Excellency  was  pleased  to  propose  the  following  question  Viz' 
Whether  any  Conveyance  to  another  person  of  a  title  not  legal  shall  take 
place  of  the  Kings  Warrant.  Upon  reading  the  above  question  it  was 
agreed  and  Resolved  That  the  Kings  warrant  shall  for  the  future  take 
place  and  have  the  preference  of  any  Conveyance  to  another  person  of  a 
Title  not  legal. 

On  a  Motion  to  His  Excellency  the  Gov'  in  Council  by  Mr  Attorney 
General  in  behalf  of  Jacob  Shives  setting  forth  that  the  said  Shives 
obtained  a  Warrant  from  the  late  Gov'  for  100°*  of  Land  and  that  the 
same  was  regularly  surveyed  and  returned  into  the  Secretary's  Office 
praying  that  a  Patent  issue  agreeable  to  the  said  Warrant  Mr  Hodgson 
opposed  the  said  motion  setting  forth  that  one  John  Brooks  had  erected 
a  Grist  Mill  on  part  of  the  said  Land  before  the  said  Shives  obtained 
the  said  Warrant  and  it  appearing  to  this  Honble  Board  that  he  had 
often  applyed  for  a  Warrant  before  he  built  the  said  Mill  It  was  con- 
sidered and  Ordered  that  the  said  Brooks  have  the  said  Mill  with  2  Acres 
of  Land  laid  out  to  him  as  by  Law  directed  and  that  a  Patent  issue  for 
the  remainder  to  the  said  Shives. 

Read  the  petition  of  John  Clayton  for  a  Patent  for  600'°  surveyed  by 
Warrant  from  the  late  Gov'  and  returned     Referred  to  the  16'" 


rT^,     TT       111    Nath  Rice       Math  Rowan        i  -  c  ts- 

The  Honoble  >   ^^^,  ^^^^^^   j,  ^^^^^  )  of  H,s 


May  16'" 

Present  His  Excellency. 
(  Will  Smith     E  Moseley  ]     ^       j^^      ^ 

.of 

T,    -HI  Maiestvs  Council 

R.  Moore  J         •'     • 

Read  the  petitions  of  following  persons  setting  forth  that  they  ob- 
tained Warrants  from  the  late  Governour  which  have  been  duly  executed 
and  returned  and  praying  Patents  for  the  same  Viz' 

Sara  Groves  640  N.  Hanover,  John  Claj'ton  360  Bladen  (This  granted 
19'"),  John  Watson  640  N  Hanover,  Ben  Hilliard  400  Bladen 

Read  the  petitions  of  John  Burnap  and  William  Wells  praying  pat- 
ents in  consequence  of  Warrants  obtained  from  the  Governour  when  the 
said  Warrants  shall  be  returned  being  for  640"°  each  one  Ordered  that 
patents  issue  according  to  the  prayer  of  said  petition 

Read  the  Petition  of  Jno  Clayton  for  600"°  duely  surveyed  and  returned 
by  virtue  of  a  Warrant  from  the  late  Gov' 


COLONIAL  KECOUDS.  51 


Read  the  Petition  of  Ralph  Miller  setting  forth  hi.s  possession  and 
cultivation  of  part  of  the  said  Land 

Ordered  that  a  patent  issue  to  the  said  Clayton  as  prayed  He  giving 
Security  to  convey  the  Improvements  to  the  said  Miller 


May  the  19*  1735 

Present  His  Excellency 

r  Will  Smith  Math  Rowan  ^  ,:,„,.      , 

xr  i-i    u-  x;^     A  n  Esq"  Members 

Ti>„  TJ,.„  ^  I         iNath  Kice  E.  Allen  ^    <•  tt- 

Ihe  Honoble       t,    tt  ,,  r>  a^  r  of  His 

K.  Halton  Roger  Moore    \  -kt  •    .       r,         ■, 

[  E.  Moseley  J   ^^i^'^y'  ^"""^'^ 

Read  the  Petition  of  the  Honoble  Robert  Halton  Esq'  shewing  that 
he  obtained  a  Warrant  from  the  late  Governour  for  340  Acres  which  was 
dnely  executed  and  returned  and  praying  a  Patent  for  the  same 

Ordered  that  a  Patent  issue  according  to  the  said  Warrant 

Read  the  petition  of  Geo  Gibbs  praying  a  Patent  for  640°°  which  Peti- 
tion on  the  motion  of  Roger  Moore  is  referred  to  Sept  next 

Read  the  Memorial  of  Jno  Montgomery  Esq'  His  Majestys  Attorney 
General  shewing  that  as  he  is  to  peruse  and  approve  all  patents  before 
the  same  are  Signed  He  therefore  prays  that  his  Excellency  in  Council 
do  fix  and  settle  a  fee  for  him  for  the  perusing  and  signing  fiates  for  the 
passing  all  L"  patents  and  Grants  under  the  Great  Seal  of  this  Prt)vince. 
It  is  Ordered  by  his  Excellency  by  and  with  the  advice  and  consent  of 
His  Majestys  Council  that  the  said  Attorney  General  shall  have  and 
receive  the  sum  of  30°  Curr'  Bills  of  this  province  for  perusing  and  Fiat 
for  each  Grant  of  Land  not  exceeding  400'°  and  the  sum  of  50^  for  each 
Grant  of  above  400"°  and  no  more 

Read  the  Petition  of  John  Smith  setting  forth  that  he  had  seated  and 
planted  part  of  a  Tract  of  Land  lying  on  the  S°  side  of  the  N°  W  branch 
of  Cape  Fear  River  between  the  Lands  of  Richard  Singletary  and 
Thomas  Brown  and  that  one  W.  Bartram  in  order  to  injure  and  defraud 
and  take  the  benefit  of  his  Improvements  on  the  said  Land  had  obtained 
a  Warrant  for  the  same  with  intention  to  get  a  Patent  in  consequence 
thereof  and  praying  a  Warrant  may  be  granted  him  for  G40"°  of  I^and 
and  that  a  Grant  or  patent  may  issue  to  him  thereon  preferrable  to  any 
other  Person  according  to  the  rules  prescribed  by  this  Board 

This  Board  taking  the  subject  matter  of  the  said  Petition  into  consid- 
eration and  William  Bartram  therein  mentioned  appearing  and  acquaint- 
ing this  Board  that  lie  had  a  Warrant  for  250"°  part  of  the  said  Tract 

It  was  thereon  Ordered  that  if  any  of  the  Improvements  of  the  said 
Smith  do  happen  to  fall  within  the  lines   of  the  said  Bartrams  Survey 


52  COLONIAL  RECORDS. 


made  in  pursuance  of  tlie  said  Warrant  that  theu  the  Justices  of  the 
Court  for  the  Free'  wherein  the  said  Land  lies  are  required  to  appoint 
such  persons  as  they  sliall  tliink  proper  to  value  the  said  Improvements 
and  he  the  said  Bartram  is  hereby  Ordered  to  pay  and  satisfy  the  said 
Smith  for  such  Improvements  according  to  the  value  thereon  set  by  the 
Persons  so  appointed  and  that  the  rest  of  the  said  tract  of  640'°  be 
admeasured  and  laid  out  to  the  said  Smith 

Read  the  Petitions  of  the  following  persons  setting  forth  tliat  they 
obtained  Warrants  from  the  late  Governour  which  have  been  duly  exe- 
cuted and  returned  and  praying  j)atents  for  the  same  Viz' 

Henry  Hall  640"°  Bladen,  Ann  Martin  640  Ditto,  Ann  Vernon  320 
N.  Hanover,  Jn»  Retter  200  Bladen,  Richard  Whitly  640  Bladen,  M. 
Rowan  640  N.  Hanover,  Zulla  Lucers  200  Ditto,  Ephraim  Vernon  280 
Ditto,  Mathew  Rowan  291  Bladen,  Jn"  Rowan  360  N.  Hanover,  Mat 
Rowan  320  N.  Hanover,  Epli  Vernon  382  Ditto,  Do  250  Bladen,  M. 
Rowan  640  N.  Hanover,  Do  640  Ditto,  Ann  Vernon  320  N.  Hanover, 
Hugh  Blaning  170  Bladen,  Fortune  Holderbly  640  N.  Hanover,  Geo. 
Gibbs  640  N.  Hanover,  Mary  Morris  600  N.  Hanover,  Rob'  Halton 
340  N.  Hanover,  Ch.  Dudley  500  Onslow,  Jno  Hodgeson  640  N.  Han- 
over, Rob'  Halton  1200  Bladen,  Tho°  Snowden  640  Bladen,  Jno  Retter 
100  Ditto,  Mat  Rowan  320  N.  Hanover,  Do  360  Ditto,  Rob'  Simpson 
600  Onslow,  Rob'  Halton  640  Bladen 

Read  the  Petition  of  George  Ferry  praying  a  Warrant  for  640  acres 
of  Land  on  the  Beaverdam  Creek  joining  Nath  Moores  and  Joseph 
Clarks  Lands  in  regard  of  his  cultivation  thereof  and  erection  of  a  Saw 
Mill  thereon     Granted 

Read  the  Petition  of  M.  Rowan  Esq'  shewing  that  he  obtained  War- 
rants from  Geo'  Burrington  One  in  the  name  of  John  White  for  640" 
on  Hoods  Creek  and  one  in  the  name  of  Al  Boyd  for  640°°  on  the  afore- 
said Creek  in  trust  for  your  Petitioner  and  for  the  support  of  a  Saw 
Mill  with  two  saws  which  Warrants  were  duly  Executed  and  returned. 
Ordered  tliat  patents  issue  accordingly  to  the  said  Warrants  to  and  for 
the  use  of  the  aforesaid  Mil!  Mr  Rowan  declaring  he  took  up  the  said 
Lands  in  conformity  to  an  agreement  between  him  and  John  Baptist 
Ash  Esq'  since  deceased. 


At  a  Council  held  at  Newton  on  Cape  Fear  River  on  the  IS""  day  of 

August  Anno  Dom.  1735 

Present  His  Excellency 

^n     TT       11      /  ^-  I^ice         R  Halton  \  Esq"  Members  of  His 
iheHonoble    |j^jjj^^^,^j^      R.Moore/      Majestys  Council 


COLONIAL  RECORDS.  83 


His  Excellency  proposed  to  this  Board  to  open  the  Land  Office  at  tiie 
Several  times  and  Places  under  mentioned  and  the  said  motion  being 
approved  and  concurred  with.  Ordered.  That  Proclamations  issue  giv- 
ing Notice  that  the  Governor  will  sit  in  Council  to  hear  and  determine 
Claims  relating  t(j  Land  at  Newbcrn  on  the  22*  day  of  September  next 
ensuing  and  to  the  29  of  the  same  month  at  Bath  on  the  3''  of  October 
foil,  and  to  the  lO""  of  the  said  Mimtli  and  at  Bertie  Court  House  on  the 
15""  and  to  the  22*  of  the  same  Month  and  that  all  persons  intending  to 
apply  for  a  hearing  in  the  premises  be  required  to  affix  advertisements  of 
such  their  Intentions  at  the  Court  House  of  each  respective  Precinct  to 
which  they  belong  3  weeks  before  such  sitting. 

His  Excellency  laying  before  this  Board  the  Inconveniences  arising 
from  Warrants  not  being  turned  in  a  reasonable  time  into  the  Secretary's 
Office  tis  Oi'dered  that  henceforth  all  Warrants  not  returned  into  the 
said  Office  within  seven  months  after  the  Date  thereof  shall  be  deemed 
absolutely  null  and  void  and  as  if  they  had  never  issued 

His  Excellency  represented  to  this  Board  That  he  had  received  Infor- 
mation that  several  Persons  holding  Lands  by  Patent  in  this  Province 
do  possess  great  Quantities  over  and  above  what  certain  of  their  said 
respective  and  particular  Patents  do  express  and  convey  Ordered  that 
the  Surveyor  General  be  directed  to  resurvey  the  said  Lands  and  make 
his  report  to  this  Board  by  Christmas  next  viz'  the  following  tracts  or 
parcells  that  is  to  say  the  Lands  called  the  cowpen  on  the  N°  E.  River 
the  Lands  called  the  Lisbon  tracts  on  the  N°  West  river  the  Lands  on 
the  N°  West  river  held  by  Jno  and  Jane  Grange  the  Lands  on  Shallot 
river  possessed  by  Edward  Hyrne  and  the  Lands  in  Trent  river  possesse<l 
by  Cullen  Pollock  Esq'  and  George  Pollock  the  Heirs  of  the  late  Thos 
Pollock  and  Fredrick  Jones 


At  a  Council  held  at the  4""  Sept  Anno  Domini  1735 

Present  His  Excellency 
(  Will  Smith         M  Rowan      )  Esq"  Members 
The  Honoble^  N.  Rice  E.  Moseley    V  of 

( R  Halton  R.  Moore      j        Council 

His  Excellency  was  pleastnl  to  lay  a  form  of  a  patent  before  this  Board 
which  was  approved  by  a  Majority  of  His  Majestys  Council  Tis  there- 
fore Ordered  That  all  Grants  to  be  made  of  his  Majestys  Lands  witliin 
this  Province  be  of  the  Form  and  tenor  followinu'  Viz' 


54  COLONIAL  KECORDS. 


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  y°  that  we  for  and  in  consideration  of  the  rents  and  return 
therein  reserved  have  given  and  granted  and  by  these  presents  for  us  our 
Heirs  and  successors  do  give  and  grant  unto  a  Tract  of  land  con- 

taining Acres  of  land  lying  and  being  in  the  County  of  in 

our  Province  of  North  Carolina  as  by  the  plot  hereunto  annexed 

doth  appear  together  with  all  woods  waters  Mines  minerals  Hereditaments 
and  appurtenances  to  the  said  Lands  belonging  or  appertaining  (one 
half  of  all  Gold  and  Silver  mines  excepted)  to  hold  to  him  the  said 
Heirs  and  assigns  forever  as  of  our  Manner  of  East  Greenwich  in  our 
County  of  Kent  in  free  and  Comon  Sockage  by  Fealty  only  yielding  and 
paying  to  us  Our  Heii-s  and  Successors  for  ever  the  yearly  rent  of  Four 
Shillings  proclamation  money  for  every  hundred  aci-es  hereby  granted  to 
be  paid  to  us  our  Heirs  and  successors  on  the  second  day  of  February  in 
each  Year  at  such  places  in  our  said  Province  as  our  Goveruour  for  the 
time  being  with  the  advice  and  consent  of  our  Council  shall  think  fit  to 
direct  and  appoint  provided  always  that  in  case  the  said  Heirs  and 
Assigns  shall  not  within  the  space  of  three  years  after  the  date  hereof 
clear  and  cultivate  according  to  the  proportion  of  three  Acres  for  every 
hundred;  and  also  that  if  a  minute  or  Docket  of  these  our  Letters  pat- 
ent shall  not  be  entered  in  the  Office  of  our  Auditor  General  for  the 
time  being  in  our  said  province  within  six  months  from  the  Date  hereof 
that  then  and  in  either  of  the  said  cases  these  our  Letters  patents  shall 
be  void  and  of  none  eifect  In  testimony  whereof  we  have  caused  the 
Great  Seal  of  our  said  province  to  be  hereunto  affixed  Witness  our 
trusty  and  well  beloved  Gabriel  Johnston  Ewcf  Our  Captain  General 
and  Governour  in  Chief  at  this  day  of  in  the  Year 

of  our  reign  Anno  Domini 

It  having  been  represented  to  His  Excellency  the  Governour  that 
divers  tracts  of  Land  have  formerly  been  surveyed  by  virtue  of  War- 
rants without  the  Surveyors  being  first  sworn  to  the  faithful  Execution 
of  his  Duty  in  that  behalf  His  Excellency  by  and  with  the  advice  and 
consent  of  his  Majesty's  Council  was  pleased  to  make  the  following 
order  Viz' 

Tiiat  all  Surveyors  who  shall  hereafter  lie  appointed  and  directed  to 
admeasure  and  lay  out  Lands  by  virtue  and  in  pursuance  of  the  Gov- 
ernours  Warrant  to  the  Surveyor  General  shall  before  any  land  be  run 
out  as  aforesaid  be  duely  sworn  to  the  fliithful  Execut"  of  his  said  Office 
and  trust  as  also  that  the  Chain  Carriers  be  sworn  in  like  manner. 


COLON  1 A  J.  KECOllDS.  55 


His  Excellency  the  Gov'  by  and  with  the  advice  and  consent  of  His 
Majestys  Council  was  pleased  to  order  that  a  Proclamation  ininicdiately 
issue  requiring  all  persons  in  possession  of  Lands  for  which  no  Warrants 
have  issued  to  take  out  Warrants  for  the  said  Land  on  or  before  the  2'' 
day  of  February  next  ensuing  otherwise  to  lose  the  benefit  of  their 
cultivation  and  the  said  Land  to  be  deemed  vacant  Land  and  free  for 
any  other  Person  to  take  up.  And  that  all  persons  having  Warrants  do 
return  the  same  to  the  Secretary's  Office  and  apply  for  Patents  by  the 
said  2*  day  of  February  otherwise  their  Warrants  to  be  deemed  null  and 
void  and  the  land  in  like  manner  free  for  any  others  to  take  up. 

Read  the  Petition  of  the  following  Persons  setting  forth  That  they 
obtained  Warrants  from  the  late  Gov''  which  have  been  duly  executed 
and  returned  and  praying  Patents  for  the  same  Viz' 

Thomas  Fall  for  200  Bladen,  Ditto  200  Ditto,  Thos  Lock  1<J0  Ditto 

Ordered  That  patents  issue  accordingly 

Read  the  Petition  of  Thomas  Hall  setting  forth  that  he  obtained  His 
Excellency's  Warrant  for  560  Acres  in  Bladen  which  has  been  dnely 
executed  and  returned  and  praying  a  Patent  for  the  same 

Ordered  that  a  Patent  issue  accordingly 


September  5*  1735 

Present  His  Excellency 
(  Will  Smith        E  Moselev ")  t^    rs  m      i 
The  Honoble<  Math  Rowan     Nath  Rice  y-'^  /^embers 
1  R.  Moore  j      «f  <^o""^>l 

Read  the  Petitions  of  the  following  Persons  setting  forth  That  they 
obtained  Warrants  from  the  late  Governour  which  have  been  duly  exe- 
cuted and  returned  and  praying  Patents  for  the  same  Viz-' 

George  Gibbs  200  Bladen,  Griffin  Jones  350  Ditto,  Griffin  Jones  160 
Bladen,  Jno  White  640  Bladen,  Pet  Evans  200  Bladen,  Ev  Ellis  450 
Bladen,  Thos  Lock  190  Ditto,  Do  196  Ditto,  Grif  Jones  350  Do,  Do 
350  Do,  W"  Mason  400  Bladen,  Jno  Polhton  250  Do,  Sara  Lewis  160 
Bladen,  Step  Brock  409  Do,  Eph  Vernon  657  Do 

Ordered  that  Patents  issue  accordingly 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
obtained  Warrants  from  the  late  Governour  which  have  been  duely  exe- 
cuted and  returned  and  praying  Patents  for  the  Same  viz' 

Jane  Husbands  640  Bladen,  Jos  Waters  320  Ditto,  Hugh  Campbell 
640  N.  Hanover,  Ed""  Mitchell  640  Bladen,  Tho'  Lock  640  Do,  Geo 
Gibbs  320  N.  Hanover,  Nath  Rice  640  Bladen,  Do  640  Do,  Edward 


56  COLONIAL  KECORDS. 


Jones  640  Bladen,  Edw"  Mitchel  640  Do,  Jane  Hnsbauds  640  Do,  Mary 
Vail  400  Do,  Hugh  Campbell  640  N.  Hanover,  Nath  Rice  320  Bladen, 
Midi  Blocker  640  Do,  Jos  Waters  200  Do 
Ordered  that  Patents  issue  accordingly 


September  the  9*"  1735 

Present  His  Excellency 
r  Will  Smith        Math  Rowan  ~j     Esq"  Members 
The  Honoble<^  Nath  Rice         E  Moseley       V  of  His 

(  Robt  Halton     R  Moore         j  Majestys  Council 

Read  the  petitions  of  the  following  Persons  setting  forth  that  they 
obtained  Warrants  from  the  late  Governour  which  have  been  duely  exe- 
cuted and  returned  and  Praying  Pat'  for  the  same  viz' 

John  Green  640  Bladen,  W"  Forbs  640  N.  Hanover,  St  Holingsworth 
640  Bladen,  Jo  Clark  640  Do,  Do  640  Do,  Robert  Forster  640  Bladen, 
Jn°  Montgomery  320  Do,  Jno  Hill  640  Bladen,  Jno  Montgomery  320 
Do,  M.  Rowan  640  Do,  W"  Cane  320  N  Hanover,  W"  Forbes  640  Do, 
Ja  Campbell  640  Bladen  M  Rowan  600  Bladen,  Jas  Espy  640  Do, 
Rob'  Forster  640  Bladen,  Jno  Green  640  Do,  Jas  Campbell  640  Do, 
W""  Forbes  640  N.  Hanover,  Benfitz  Randoljih  640  Do,  Jos.  Clark  260 
Do,  Robt  Forster  640  Bladen,  Do  640  Do,  Da  Lewis  200  Do,  Geo  Gibbs 
640  N.  Hanover  Jno  Montgomery  320  Do. 

Ordered  that  Patents  issue  accordingly 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
have  obtained  Warrants  from  his  Excellency  which  have  been  duely  Exe- 
cuted and  returned  and  ])ruying  I'atents  for  the  same  Viz' 

Jno  Russ  360  Bladen,  Jas  Carver  640  Do,  Chas  Benbow  640  Do,  Jno 
Linseomb  300  Do,  M  Rowan  176  Bladen,  W  Norton  700  Do,  Tho= 
Freeman  400  Ditto,  Hugli  Blanning  320  Ditto,  Geo  Gibbs  640  Ditto, 
Ja  Lyon  640  Ditto,  W"  Lord  640  Ditto,  Richard  Heller  2000  Bladen, 
Phil  Wilkinson  400  Do,  Mich  Blocker  300  Do,  Jno  Hodgson  600  N 
Hanover,  M  Rowan  144  Bladen,  Jas  Carver  &  Cha°  Beubour  640  Bladen, 
Rich^  Richardson  640  Bladen,  Jno  Hodgson  600  N.  Hanover,  Jas  Lyon 
500  Bladen,  Jno  Hodgson  600  N.  Hanover,  Mathew  Rowan  230  Do 

Ordered  that  Patents  issue  accordingly 


September  the  10'" 

Pi'esent  His  Excellency 
r  Will  Smith     R  Halton     ~|     Esq"  Members 
The  Honorable  <  N.  Rice  E.  Moseley  >  of  His 

(^M.  Rowan      R.  Moore     j  Majestys  Council 


COLONIAL  RECORDS.  57 


Read  the  Petition  of  Clem'  Maclions  of  the  Lslaiid  of  Jersey  in  the 
Kingdom  of  Great  Britain  by  iiis  Attorney  Joshua  Gaboiirel  Setting 
forth  that  some  time  ago  Moses  Maclion  arrived  here  in  Cai)e  Fear  and 
purchased  a  certain  tract  of  Land  scitiiate  on  the  N.  W.  Branch  of  this 
river  and  seated  and  cultivated  the  same  and  had  a  large  stock  of  Cattle 
and  Hogs  thereon  that  some  time  afterwai'ds  the  said  Moses  Machons 
business  called  him  to  N.  England  wliere  he  died  intestate  That  there- 
upon Roger  Moore  Esq'  procured  a  Warr'  in  his  own  name  for  the  said 
Ijand  he  now  praying  a  Patent  for  the  same  the  said  Joshua  Gabourel  in 
behalf  of  the  aforesaid  Clem'  Machon  opposed  the  said  Petition  and  on 
hearing  the  arguments  on  both  sides  it  is  the  opinion  of  this  Board  that 
the  property  of  the  said  Land  be  and  is  in  the  said  Clem'  Machon 
Whereupon  the  said  Gabourel  prayed  a  Warr'  in  the  name  and  to  the 
use  of  the  above  named  Clem'  Machon  which  accordingly  is  Granted 

Read  the  Petition  of  Jam  Welch  setting  forth  that  he  formerly  ob- 
tained a  Warrant  for  a  tract  of  Land  under  the  prop"  opposite  to  the 
thoroughfare  and  had  built  and  cleared  thereon  aud  praying  a  Patent  for 
the  same 

Whereupon  his  Excellency  was  pleased  to  Order  the  Petit'  to  prove 
the  Allegations  set  forth  in  the  said  Petition  which  he  failing  to  do  it  is 
the  unanimous  opinion  of  this  Board  that  he  has  uo  right  to  the  said 
Land  and  that  Roger  Moore  Esq'  have  a  Grant  or  Patent  for  the  said 
Land  in  consequence  of  a  Warrant  he  the  said  Moore  obtained  from  the 
late  Gov'  Burriugton 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
obtained  Warrants  from  the  late  Governour  which  have  been  duely  exe- 
cuted and  returned  and  praying  Patents  for  the  same  Viz' 

Jos  Sowl  640  Bladen,  Ja  Innes  640  Ditto,  W"  Forbes  1000  N.  Han- 
over, Jn°  Brook  400  Bladen,  Jno  Worth  640  Ditto,  W"  Gray  108  N. 
Hanover,  Jno  Arthur  640  N  Hanover,  Ja  lunes  640  Bladen,  W™  Gray 
350  Bladen,  Jas  Innes  320  Do,  W"  Gray  350  Do,  Jas  Innes  320  Do, 
Ed  Harrison  640  Do,  Jas  Innes  320  N  Hanover,  Do  640  Bladen,  W" 
Gray  350  Do. 

Ordered  that  Patents  issue  accordingly 

Read  the  petition  of  Geo :  Perry  and  Giles  Hicks  setting  forth  that 
they  obtained  Warrants  from  his  Excellency  for  640°"  and  320  acres 
which  have  teen  duely  executed  and  returned  and  praying  Patents  for  the 
same 

Ordered  that  Patents  issue  accordingly 


58  COLONIAL   RECORDS. 


September  11* 

Present  His  Excellency 

{"W.  Smith         M.  Rowan  )    Esq"  Members 
N.  Rice  E  Moseley    V  of  His 

R  Halton  R.  Moore    j  Majestys  Council 

Read  the  Petition  of  Jno  Calkings  setting  forth  that  one  Baxter  had 
sureptitiously  obtained  a  Warr'  for  640"°  of  Land  part  of  the  said  Calkings 
Land  which  he  had  taken  up  in  South  Carolina  before  the  Boundary 
Line  was  run  it  being  designed  then  to  belong  to  that  Government  but 
the  same  now  falling  within  this  Government  he  prays  a  Warrant  for 
the  said  Land  by  him  taken  up  as  aforesaid  Viz'  1100'°  and  that  the 
said  Baxter's  Warr'  be  vacated 

Ordered  that  a  Warrant  issue  to  the  said  Calking  for  the  said  1100" 
of  Land  and  that  the  said  Baxters  Warrant  be  vacated  and  cancelled  as 
prayed 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
obtained  Warr*"  from  the  late  Gov'  which  have  been  duely  executed  and 
returned  and  praying  Patents  for  the  same  V" 

W"  Bartram  400  Bladen,  Jno  Dallison  640  N.  Hanover,  D"  640  Ditto, 
Eliz  Dallison  640  Ditto,  Jno  Watson  640  Bladen,  Lewis  Febuer  640 
Bladen,  W"  Flavel  640  D°,  Henry  Sistims  640  D",  Jer  Bigfurd  320  N. 
Hanover 

Ordered  That  Patents  issue  accordingly 

On  motion  of  the  Attorney  General  in  behalf  of  the  Surv'  Gen'  set- 
ting forth  that  it  will  be  impracticable  for  the  said  Surv""  to  survey  the 
several  tracts  of  Land  in  New  Hanover  and  Bladen  Precincts  ordered  to 
be  resurveyed  without  the  Patents 

Ordered  that  the  Several  Patentees  of  such  Lands  when  thereto  required 
do  produce  their  several  and  resjjective  Patents  to  the  Surveyor  Gen'  and 
if  any  Person  fail  in  obedience  to  this  order  the  said  Surveyor  General  is 
hereby  directed  to  inform  His  Majestys  Attorney  General  of  their  refusal 
he  is  ordered  to  prosecute  all  and  every  person  so  refusing  in  His  Majes- 
tys Court  of  Exchequer 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
obtained  Warrants  from  His  Excellency  which  have  been  duely  executed 
and  returned  and  praying  Patents  for  the  same  "N^iz' 

Tho'  Assop  640  N  Hanover,  Andrew  Soleyree  1808  Bladen,  Cath 
Edwards  200  D°,  Zebulon  Clayton  300  D°,  Rich*  French  1000  D°,  John 
Davis  308  N.  Hanover,  St  Holingsworth  260  Bladen,  Zeb  Clayton  700 
D°,  Henry  Simmons  360  D",  Ricii"  French  300  D°,  Mich  Dyer  320  N 
Hanover 

Ordered  that  Patents  issue  Accordingly 


COLONIAL  RECORDS.  59 


September  13* 

Present  His  Excel  leiicy 

Tl      H       1 1  >  '^  ^^'  ''^'^'"t'^       ^-  H'llton  1  Esq"  Members  of  His 
'^^  E.  Moseley     R.  Moore  /        Majestys  Council 

Read  the  Petitions  of  the  foil.  Persons  setting  forth  that  they  obtained 
Warrants  from  the  late  Gov'  which  they  have  diiely  executed  and  returned 
and  praying  Patents  for  the  same  viz' 

Tho'  Mathews  400  Bladen,  Zebulon  Clayton  250  Ditto,  Roger  Hay- 
mer  640  Ditto,  Timothy  Bloodworth  300  N.  Hanover,  Rich*  Hellier 
200  Bladen,  Jno  Maultsly  300  D°,  Do  320  D",  Rich"  Sanderson  250  D°, 
D°  750  D",  D°  500  D",  Jno  Dallisou  640  N.  Hanover,  Warren  Baiild- 
win  100  Bladen,  Jno  Maultsly  300  Ditto,"  R'^  Mullington  640  N  Han- 
over, Roger  Hayns  640  Bladen,  R''  Sanderson  150  D",  Rich"  Hellier 
200  D",  Jno  Watson  640  N.  Hanover,  Jno  Marshal  300  D",  Mary  Har- 
net  640  Bladen 

Ordered  that  Patents  issue  accordingly. 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
obtained  His  Excellencys  Warrant  which  have  been  duely  executed  and 
returned  and  praying  Patents  in  Consequence  thereof  Viz' 

Jas  Hasel  400  N.  Hanover,  Do  320  Ditto,  R"  Dun  150  Bladen,  Jno 
Winning  350  Bladen,  D"  350  Ditto,  R"  Dun  150  Bladen,  D°  320  D", 
W  Lord  640  D",  Moses  Plumer  300  D°,  R"  Dun  320  Bladen,  Jno  Dal- 
zel  432  Ditto,  Moses  Plumer  250  Ditto,  W"  Smith  1000  N  Hanover, 
W"  Gray  500  Bladen,  Benj"  Sowle  320  Bladen,  Do  320  D°,  Moses 
Plumer  250  D° 

Ordered  that  Patents  issue  accordingly 

Read  the  Petition  of  Zebulon  Clayton  setting  forth  that  he  obtained 
his  Excellency's  Warrant  for  700°°  which  have  been  duely  executed  and 
returned  and  praying  a  Patent  for  the  same 

Thos  Lock  appeared  and  acquainted  this  Board  that  he  had  seated  and 
cultivated  the  said  Land  and  therefore  prayed  a  Warrant  for  the  sanie  and 
that  the  said  Claytons  Warrant  be  cancelled  both  which  Petitions  hav- 
ing been  considered  by  the  Board 

It  is  Ordered  that  the  said  Zebulon  Clayton  have  a  Patent  for  the 
Land  for  the  said  Land  He  praying  the  said  Tho'  Lock  for  his  Im])r()ve- 
ments. 

On  motion  of  Roger  Moore  Esq''  praying  that  Grants  for  certain 
tracts  of  Land  which  he  alledges  to  belong  to  him  that  have  passe<l  the 
Council  may  be  stopped  from  going  out  till  he  shall  be  heard  thereon 
Viz'  Jno  Debzal  430""  on  the  N.  W.  river  joining  Land  of  Jno  Mont- 
gomery, Moses  Plumer  350  on  the  N.  W.  on  Swann's  Creek  and  300'° 


60  COLONIAL  RECORDS. 


on  the  N.  W.  joining  R*  Singletary's  upper  Line,  Ben  Sowl  300°*  on 
the  N.  W.  above  Swann's  Creek,  320"°  on  Hammond's  Creek,  Moses 
Phuners  250"°  opposite  Swann's  Creek,  W"  Lord  640  on  the  N.  W. 
joining  W"  Hawksworths  Land 

Ordered  that  the  said  Patents  lye  in  the  Secretarys  Office  till  the  20"" 
of  January  next. 

Upon  application  of  R'^  Evans  Ordered  that  Col  Maurice  Moore  do 
forthwith  get  his  Warrant  executed  for  laying  out  to  him  a  Plantation 
on  Barnet's  Creek  to  the  end  it  may  be  known  where  Richard  Evan's 
Survey  is  to  begin  he  having  a  subsequent  Warrant  for  Land  on  the  said 
Creek. 

Edward  Moseley  and  Roger  Moore  Esq"  desired  the  following  papers 
might  be  read  in  Council  which  was  accordingly  read  Viz' 

His  Majesty  by  his  Royal  Instruction  to  the  late  Gov'  Burrington 
having  directed  him  not  to  grant  to  any  person  more  than  fifty  Acres 
for  every  white  or  black  man,  woman  or  child  of  whicli  the  Grantees 
Family  shall  consist  at  the  time  the  Grant  shall  be  made 

And  His  Majesty  having  given  an  Instruction  to  the  Present  Gov'  in 
the  very  same  words  Edward  Moseley  and  Roger  Moore  Members  of  his 
Majesty's  Council  for  this  Province  are  of  Opinion  the  same  Instruct" 
ought  to  be  observed  they  move  that  before  any  Grant  be  signed  Proof 
should  be  made  of  tlie  No  Persons  in  each  grantees  family  so  as  to  entitle 
him  to  the  Quantity  of  Land  mentioned  in  the  Grant 

They  also  humbly  desire  leave  to  enter  in  the  Council  Book  this  as 
tlieir  Protest"  against  any  Grant  being  signed  other  than  such  as  shall  be 
conformable  to  the  Royal  Instruction  both  with  respect  to  the  form  of 
the  Grant  and  the  No  of  acres  comprized  therein. 

His  Excellency  the  Governour  by  and  with  the  advice  of  his  Majestys 
Council  was  pleased  to  allow  the  said  Paper  to  be  entered  in  the  Journal 
of  this  Board  but  rejected  the  rest  of  the  motion  because  he  knows  of  no 
such  Instruction  directing  not  to  Grant  to  any  Person  more  than  50°*  for 
every  white  or  black  man  woman  or  child  of  which  the  Grantees  Family 
shall  consist  and  in  case  such  an  Instruction  had  been  it  was  the  Duty 
of  the  Members  who  made  this  Motion  to  have  done  it  before  the  Grants 
were  Ordered  in  Council  which  would  have  saved  a  great  charge  to  the 
Persons  applying 

Ordered  that  the  arrears  of  his  Majestys  Quit  Rents  due  in  the  County 
of  Bath  be  collected  in  March  next 

His  Excellency  was  pleased  to  adjourn  tlie  Council  to  the  22*  Instant 
to  meet  at  Newbern 


COLONIAL  RECORDS.  61 


North  Carolina. 

At  a  Council  held  at  Newbern  on  Nuse  River  on  the  24'"  day  of  Sep- 
tember Anno  Doni  1735 

Present  His  Exceileucy  the  Governour 

T,,     TT       I  1    f  William  Smith    "I  Esq"  Members  of  His 
TheHonobleJ  j^^j,^j^i^.^^  j       Majestys  Council 

The  Board  adjourned  till  to-morrow  morning  10  of  the  Clock 

Thursday  25*  September 

Met  according  to  Adjournment 

Present  as  before 

Read  the  Petition  of  Martin  Frank  setting  forth  That  he  obtained  a 
Patent  from  the  late  Lords  Proprietors  for  10175  Acres  of  Land  and 
paid  the  then  Rece'  General  £20.3.10  purchase  money  for  the  same  but 
that  the  Date  of  the  said  Patent  being  since  the  Kings  purchase  of  the 
Soil  he  apprehends  the  same  to  be  invalid  and  therefore  prays  a  War- 
rant for  said  Land  or  such  pait  thereof  as  his  Excellency  the  (Jovernour 
shall  think  meet  and  that  he  may  be  permitted  to  surrender  and  give  up 
his  said  Patent  Whereupon  his  P^xcellency  the  Governour  was  pleased 
to  ask  the  said  Martin  Frank  whether  by  threats  or  persuasions  he  was 
induced  to  surrender  the  said  Patent  to  which  he  answered  in  the  Nega- 
tive declaring  that  he  voluntarily  freely  and  of  his  own  accord  did  sur- 
render and  give  up  the  said  Patent  which  accordingly  was  surrendered 
and  given  up  and  Ordered  to  be  lodged  in  the  Secretary's  Office 

Then  the  said  Martin  Frank  made  oath  on  the  Holy  Evangelists  of 
whom  and  before  what  means  he  purchased  the  said  Patent 

His  Excellency  the  Gov'  by  and  with  the  advice  and  consent  of  His 
Majesty's  Council  was  pleased  to  order  that  Warrants  issue  to  the  Sur- 
veyor General  to  admeasure  and  lay  out  to  Martin  Frank  500  Acres  of 
Land  in  two  several  places 

Read  the  Petition  of  Col  William  Wilson  setting  forth  that  he  was  Erect- 
ing a  saw  mill  on  a  branch  of  Brice's  Creek  therefore  prays  a  W^arrant 
for  300""  of  Land  for  the  Support  of  the  said  Mill  Whereupon  the  said 
William  Brice  appeared  antl  prayed  the  said  Petition  might  be  rejected 
for  that  the  Land  Petitioned  for  by  said  Wilson  was  his  and  that  he  had 
several  Barrels  of  Turpentine,  pitch  and  tar  upon  the  said  Land  to  which 
twas  answered  that  the  Land  on  which  said  Brice  had  made  turpentine 
&e  as  aforesaid  was  not  the  300"^  petitioned  for  as  above  by  Col  Wilson 
but  a  tract  of  340"°  adjoining  to  the  300" 

Whereupon  His  Excellency  the  Gov'  by  and  with  tlie  advice  and  con- 
sent of  His  Majestys  Council  was  pleased  to  order  a  Warr'  to  issue  as 
prayed  by  said  Wilson  he  permitting  the  said  Brice  to  remove  his  tur- 


62  COLONIAL  RECORDS. 


peutine  &c  if  any  happen  to  be  on  the  said  Wilson's  Land  provided  he 
the  said  Brice  takes  up  the  forenientioned  340  acres  of  Land 

The  following  Petitions  were  this  day  preferred  and  read  setting  forth 
that  they  the  Petitioners  had  obtained  Warrants  from  the  late  Governoiir 
Bnrrington  which  having  been  duely  executed  and  returned  they  pray- 
ing Patents  for  the  same  which  were  accordingly  granted  Viz' 

Francis  Dawson  200"''  Craven,  Jacob  Sheets  640  do,  Joseph  Parry  537 
Onslow,  William  Wilson  1300"°  Craven,  Thos  Lovick  &  Fras  Thorton 
640  Carteret,  Edw*  Sowle  517  Onslow 

Adjourned  till  tomorrow  10  of  the  Clock 

Fryday  the  26th  of  September  1735 

Met  according  to  adjournment 

Present  as  before 

Read  the  Petition  of  Mathew  Reasonover  setting  forth  that  he  obtained 
the  Governours  Warrant  for  1 76  Acres  of  Land  on  the  So  side  of  Trent 
river  which  having  been  surveyed  and  returned  into  the  Secretary's  Office 
prays  a  Patent  be  Granted  and  Ordered  tiiat  a  Patent  issue  accordingly 

Read  the  Petition  of  Martin  Frank  setting  forth  that  he  had  the  late 
Gov"'  Burrington's  Warr'  for  400"°  of  Land  in  Craven  Precinct  which 
has  been  duely  surveyed  and  returned  prays  a  Patent 

Ordered  that  Patents  issue  accordingly 

Adjourned  till  to  morrow  10  of  the  Clock 

Saturday  27""  September  1735 

Met  according  to  adjournment 

Pi'esent  His  Excellency  the  Governour 

Th    H     hi   /  ^^  illi'i™  Smith  1  Esq"  Members  of  His 
\  Nath  Rice  j       Majestys  Council 

John  Slocum  appeared  at  this  Board  and  declared  he  obtained  a  Pat- 
ent from  the  late  Secretary  Richard  Everard  dated  in  the  year  17||^  and 
pray  leave  to  surrender  the  same  which  is  Granted. 

Ordered  that  the  said  Slocum  deliver  said  Patent  into  the  Secretary's 
Office 

Read  the  Petition  of  Jno  Fonville  Esq' setting  forth  that  he  purchased 
three  several  patents  for  Land  on  Nnse  River  and  that  one  Capt  Joseph 
Hanine  have  also  two  several  Patents  interferring  (as  he  conceives)  with 
your  Petitioners  Patents 

Therefore  prays  a  resurvey  be  made  of  the  said  Lands  so  that  the 
Boundarys  may  be  ascertained  according  to  the  Courses  of  each  Patent 

Ordered  that  the  Surveyor  General  do  resurvey  the  Lands  mentioned 
in  the  said  Petition  and  that  he  make  report  to  this  board  of  his  doings 
therein. 


COLONIAL  RECORDS.  63 


Tlie  following  Petitions  were  this  day  Preferred  and  Read  directed  t(j 
His  Excellency  tiie  Governour  in  Council  setting  fortii  that  they  the  said 
Petitioners  had  obtained  Warrants  from  tiie  late  Governour  Burrington 
Viz' 

George  Roberts  461  Craven,  Jas  Green  578  D°,  George  Roberts  553 
Craven,  Tho'  Hogg  316  Craven,  John  Murphy  627  D° 

And  the  said  Warrants  being  Surveyed  and  returned  into  the  Secre- 
tarys  Office  they  the  Petitioners  pray  Patents  for  the  same.     Granted. 

Then  this  Board  adjourned  till  Monday  Morning 

Monday  29*  September  1735 

Read  the  Petition  of  Martin  Franks  setting  forth  that  he  is  possessed 
of  a  tract  of  Land  on  the  North  side  of  Trent  river  joyning  Tho°  Pol- 
locks Land  by  virtue  of  an  old  Patent  for  640"^  of  Land  and  being 
apprehensive  that  more  Land  is  contained  within  the  said  Tract  than  the 
compliment.  He  therefore  prays  a  resurvey  of  the  said  Land  and  in 
case  there  should  be  found  a  surplusage  he  prays  a  Warrant  for  the  same 
being  willing  to  pay  his  Majesty  the  Quit  rents  from  the  time  of  his 
Purchase  of  this  province  which  by  the  advice  and  consent  of  His  Maj- 
estys  Council  His  Excellency  was  pleased  to  Grant. 

Ordered  That  the  Surveyor  General  be  and  is  hereby  directed  to 
resurvey  tlie  aforesaid  Lands  and  tiiat  he  make  rep(3rt  of  his  doings 
therein  to  this  Board 

Read  the  following  petitions  setting  fortli  that  they  the  Petitioners  by 
virtue  of  the  late  Governour  Burrington's  Warrant  Viz' 

Rob'  Jones  Craven  640  1  ■     r>  ,      -r,-. 

.,       o.     I  ri  ^  lA  1  I'l  1  eter  Pitmans  name 

Alex  Steel  Craven  440  j 

had  surveyed  the  said  Lands  and  a  return  thereof  is  lodged  in  the  Secre- 

tarys  Office     they  therefore  pray  Grants  or  patents 

Ordered  that  Patents  issue  accordingly 

Read  the  Petition  of  Christian  Slaubaugh  setting  forth  that  he  obtained 
a  Warrant  to  survey  212  Acres  of  Land  in  Craven  precinct  which  was 
duely  surveyed  and  returned  into  the  Secretary's  Office  He  pravs  a 
Patent  which  is  Granted 

Ordered  that  a  Patent  issue  accordingly 

Read  the  petition  of  Jno  Letcher  Miller  setting  forth  that  he  obtained 
a  Warrant  to  survey  613  Acres  of  Land  in  Craven  that  the  same  was 
duely  survey  and  returned  into  the  Secretarys  Office  therefore  prays  a 
Patent     Granted 

Ordered  that  a  patent  issue  accordingly 


64  COLONIAL  RECORDS. 


At  a  Council  held  at  Bath  Town  Fryday  the  third  day  of  October 

1735. 

Present  His  Excellency  the  Governor 

m     XT       1 1    f  Will  Smith    1  Esq''  Members  of  His 
TheHonoble^^,^^^,^  j^j^^     |      Majestys  Council 

Adjourned  till  to  morrow  10  Oclock 

Saturday  4'"  October  1735 

Met  according  to  adjournment 

Present  as  before 

Read  the  Petition  of  Benjamin  Peyton  })raying  that  a  Patent  be 
Granted  him  for  640"°  ui'  Land  in  Beaufort  Precinct  on  the  S°  side  of 
Pamplico  River  on  the  W  side  of  S°  of  dividing  Creek 

D'  Pat  Maule  appeared  at  this  Board  and  prayed  he  might  be  heard 
thereon  before  said  Petition  should  be  Granted 

Ordered  that  it  lye  over  till  November  next 

Read  the  Petition  of  William  Webster  setting  forth  that  he  obtained 
a  Warrant  from  Charles  Eden  Esq'  for  565  Acres  of  Land  on  South 
dividing  Creek  of  pamplico  River  and  that  he  had  purchased  one  of  the 
late  Proprietor's  Patents  for  the  said  Land  which  he  prayed  leave  to  sur- 
render and  that  he  might  have  a  Warrant  for  said  Land  which  is  accord- 
ingly Granted 

Ordered  that  on  the  said  Webster's  Surrender  of  the  said  Patent  and 
the  return  of  the  Warrant  this  day  Granted  he  have  a  Patent  for  the 
same 

William  Webster  came  before  this  Board  and  surrendered  the  above- 
mentioned  Patent  Whereupon  His  Excellency  theGovernour  Interrogated 
him  thereon  whether  by  threats  or  perswasion  he  was  induced  to  give  up 
his  patent  to  which  he  answered  that  he  freely  willingly  and  of  his  own 
accord  surrendered  and  gave  up  the  same. 

The  following  Petitions  were  this  day  preferred  and  read  setting  forth 
that  they  the  said  Petitioners  had  obtained  Warrants  from  the  late  Gov- 
ernour  Burrington  Viz' 

Simon  Bright  546  Craven,  Jno.  Garzie  1280  Beaufort,  Jas  Campaine 
420  D",  W"  Stevens  640  Edgcombe,  W^  Wallace  640  Beaufort,  Isaac 
Buck  440  Craven,  Rob'  Turner  640  Beaufort,  Jas  Adams  100  D°,  Saml 
Slade  600  D",  Mich  Neal  640  Edgcombe,  Rob'  Campaine  640  Beaufort, 
Josias  Little  500  D",  Benj  Peyton  640  D",  Rob'  Turner  640  D°,  Jos 
Adams  (180  ret")  185  D",  Rob'  Campaine  640  D",  Thos  Little  640  Edg- 
combe, Joseph  Barrow  300  Hyde,  W"  Martin  400  Beaufort,  Benj  Pey- 
ton 640  D" 


COLONIAL  RECORDS.  65 


The  said  Warrants  being  returned  into  the  Secretary's  Office  tiiey 
pray  Grants  for  the  same. 

Ordered  that  Patents  issue  accordingly 

Read  the  Petition  of  Robert  Peyton  Sen'  praying  a  Patent  in  Conse- 
quence of  Warrants  obtained  from  tlie  late  Governour  Burrington  for 
1 1 90  Acres  of  I^and 

Robert  Turner  appeared  at  this  Board  and  acquainted  his  Excellency 
that  said  Peytons  survey  was  contrary  to  His  Majesty's  Roj'al  Instruc- 
tion for  running  out  of  Lands 

Ordered  that  said  Peytons  I^and  be  resurveyed  and  that  two  platts  be 
made  thereof  and  produced  to  this  Board 


At  a  Council  held  at  the  Court  House  in  Bertie  Precinct  on  Wednes- 
day 15""  day  of  October  1735 

Present  His  Excellency  the  Governour 

T^i     XT       1 1    f  Will  Smith  1  Esq"  Members  of  His 
IheHonoble-   -.j  a   t,-        ■      A  ■    i.      n         -i 
[  iNath  Rice    J       Majestys  Council 

The  Honoble  Board  met  pursuant  to  His  Excellencys  Proclamation 

and  adjourned  till  tomorrow  morning  10  of  the  clock 

Thursday  16""  day  of  October  1735 

The  following  Petitions  were  jjreferred  and  read  setting  forth  that 
they  the  said  Petitioners  obtained  Warrants  from  tlie  late  Governour 
Burrington  Viz' 

Will  Badham  600  Bertie,  Jas  Thompson  6-10  Beaufort,  Jas  Thomp- 
son 200  Edgcombe,  Jas  Thompson  300  Edgcombe,  Jno  Boyd  250  D°, 
George  Norril  430  Bertie 

Which  having  been  surveyed  and  returned  into  the  Secretarys  Office 
they  pray  Patents  pursuant  thereto 

Ordered  that  Patents  issue  accordingly 

Read  the  Petition  of  Jno  Fitzgerald  praying  a  Warrant  for  five  hun- 
dred acres  of  Land  on  the  N°  side  of  Fishing  Creek  on  which  John 
Boyd  producing  a  Warrant  of  the  late  Governour  Burrington  for  said 
Land  surveyed. 

Ordered  that  a  Patent  issue  in  the  said  Boyds  name 

James  Jones  his  Petition  was  Read  setting  forth  that  lie  had  the  late 
Gov"  Warrant  for  640  acres  of  Land  which  was  surveyed  and  returned 
Rob'  Forster  Gent"  alledged  that  said  Warrant  was  in  trust  for  him 
upon  which  his  Excellency  was  pleased  to  Interrogate  the  said  Jones 
who  confessed  the  truth  of  said  Forsters  Allegation 

Ordered  that  a  Patent  issue  in  said  Forsters  name  " 
9 


66  COLONIAL  RECORDS. 


Read  the  Petition  of  William  Batlham  setting  Forth  that  Jno  Miller 
obtained  from  the  late  Governour  a  Warrant  for  631  Acres  of  Land 
which  said  Warrant  the  aforesaid  Miller  assigned  and  sett  over  to  the 
said  Badham  the  said  Warrant  has  been  duely  Surveyed  and  returned 
into  the  Secretarys  Office  he  the  said  Badham  having  assigned  his  right 
thereto  to  Jno  Speir  prays  a  patent  may  issue  in  his  the  said  Speirs 
name.  Granted 
.  Ordered  that  a  patent  issue  in  said  John  Speirs  name  accordingly 

Read  the  Petition  of  Colonel  Alston  setting  forth  that  he  purchased 
rights  and  had  a  Warrant  for  250  Acres  of  Land  and  surveyed  and 
returned  the  same  and  prayed  a  Patent  the  Rev''  Jno  Boyd  produced  to 
the  Board  a  Warrant  of  a  prior  date  surveyed  &c  Whereupon  his  Excel- 
lency by  and  with  &c  Ordered  that  a  Patent  issue  in  the  said  Boyd's 
name 

Then  the  Board  adjourned  till  tomorrow 

Fryday  17*  October  1735 

The  Board  met  according  to  adjournment 

Present  as  before 

Read  the  following  Petitions  setting  forth  that  they  the  said  Petitioners 
obtained  Warrants  from  the  late  Governour  Viz' 

James  Kirby  200  Edgcomb,  Aaron  Hasel  286  Bertie,  D"  350  D°,  B" 
390  D°,  Francis  Young  613  Edgcombe,  Robert  West  300  D">,  Henry 
West  640  Edgcombe,  D°  640  D°,  Epaphro  Moore  490  Bertie,  Edw* 
Simmons  640  Edgcombe,  John  Cotton  340  Bertie 

Which  Warrants  having  been  surveyed  and  returned  into  the  Secre- 
tarys Office  they  the  said  Petitioners  pray  patents  thereon 

Ordered  that  Patents  issue  accordingly 

Read  the  Petition  of  the  Inhabitants  of  Tar  River  setting  forth  that 
they  are  20  families  in  number 

That  Simon  Jeffries  Deced  obtained  in  his  own  and  in  his  Son  Osborns 
name  three  Patents  for  1000  Acres  of  Land  on  said  River  the  Warrants 
for  which  have  been  so  run  out  as  to  take  in  15  miles  on  the  said  River 

That  the  Orphan  of  one  Boyd  hath  a  purchase  Patent  for  7000  Acres 
of  Land  beginning  on  Town  Creek  which  will  take  in  most  of  their  Set- 
tlements 

That  one  of  the  Pollocks  has  purchased  patents  for  5  Surveys  and 
Town  Creek  and  several  others  lay  claim  thereto  tho  they  never  made 
any  settlements. 

That  your  Petitioners  have  been  at  great  charge  in  cultivating  and 
improving  the  aforesaid  Lands  and  have  the  late  Governor  Burringtons 
Warrants  for  the  I^ands  whereon  thev  have  settled 


COLONIAL  RECORDS.  67 


Therefore  must  humbly  pray  that  the  aforesaid  Jeifrys'  Laud  and  tlie 
Lauds  held  by  Purchase  Pateuts  be  resurveyed 

Whereupou  His  Excellency  the  Goveruour  by  aud  with  the  advice  of 
his  Majestys  Council  was  pleased  to  order  that  Mr  Attorney  General 
doth  forthwith  Enter  a  Prosecution  against  the  several  patentees  men- 
tioned in  the  aforesaid  Petition  in  his  Majesty's  Court  of  Excherjuer. 

Then  the  Board  adjourned  till  tomorrow  9  of  the  Clock  in  the  fore- 
noon. 

Saturday  the  18""  October  1735 
Met  according  to  adjournment 
Present  as  before 


North  Caroltna. 

At  a  Council  held  at  the  Council  Chamber  in  Edenton  November  the 
3"*  1735 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov' 
r  Will  Smith     E  Moseley  ]  Esq"  Members 
The  Honoble^  Nath  Rice       R  Moore"    V  of  His 

(  E.  Porter  j  Majestys  Council 

A  Message  from  the  Representatives  praying  that  His  Excellency 
would  appoint  some  person  to  qualify  them.  His  Excellency  accord- 
ingly appointetl  Edward  Moseley  and  Roger  Moore  Esq"  to  qualify  the 
said  Representatives 

His  Excellency  the  Goveruour  was  pleased  to  recommend  to  tiie  Board 
the  settling  of  the  Exchange  between  Sterling  and  the  currency  of  this 
Province  for  the  Direction  of  the  Receiver  General  and  his  Assist"  in 
receiving  the  Arrearage  of  His  Majestys  Quit  Rents  now  due  which  was 
accordingly  done  at  seven  for  one  to  be  paid  by  all  persons  paying  Bills 
of  Credit  of  this  Province  for  their  Quit  Rents  instead  of  Sterling  Money. 


At  a  Council  held  the  5*  November  1735 

Present  His  Excellency  the  Goveruour 

(  Will  Smith     E  Moselev  ]     Esq"  Members 
The  Honoble^  Nath  Rice       R  Moore"    V  of  His 

(  El  Porter  j  Majestys  Council 

Read  the  Petition  of  Robert  Braswel  praying  a  Patent  may  be  granted 
him  for  150  Acres  of  Land  in  Craven  lying  on  the  S°  side  of  Urakaw 
Swamp  and  is  surveyed  and  returned  into  the  Secretary's  Office  wiiich  is 
Granted  the  said  Braswel  giving  first  publick  Notice  by  affixing  an 
Advertiseiuent  at  the  Court  House  Door  in  the  Precinct  where  the  Land 
lyes  three  weeks  before  the  Patent  Issues 


68  COLONIAL  RECOEDS. 


Read  the  following  Petitions  directed  to  His  Excellency  the  Governour 
in  Conncil  setting  forth  that  they  obtained  Warrants  from  the  late  Gov- 
ernour Bnrrington  Viz' 

Francis  Parker  640  on  S°  side  Fishing  Creek,  Davie  Hopper  640  on 
Kehukee  Swamp,  W"  Merrit  100  on  the  N°  Side  of  Kehnkee  Swamp, 
Jno  Starky  400  on  E'  side  White  Oak  River,  Robert  Turner  115  on  S° 
Dividing  Creeks,  Simon  Parker  300  on  N"  side  of  Swifts  Creek,  Francis 
Parker  Jun  300  on  S°  side  Morrattock  river,  Jno  Benlow  Edg.  450  on 
Buck  Medow  assigned  to  Benj  Foreman 

Which  were  surveyed  and  returned  into  the  Secretarys  Office  and  hath 
advertised  the  same  pursuant  to  the  Rules  prescribed  and  Prayed  Patents 
may  be  granted  them  for  the  same 

His  Excellency  the  Governour  was  tliereupon  pleased  in  Council  to 
order  that  the  above  Patents  issue  as  prayed  for 

Upon  Petition  of  Martin  Lyon  praying  to  have  Patents  granted  him 
on  two  several  tracts  of  Land  each  containing  640  Acres  lying  in  Bertie 
Precinct  which  are  Surveyed  and  returned  into  the  Secretarys  Office  His 
Excellency  the  Governour  was  pleased  to  order  that  Patents  issue  for 
the  said  Lyon  he  first  giving  Notice  in  the  Precinct  where  the  liand  lyes 
three  weeks  before  the  Patents  issue 

Upon  Petition  of  William  Kellingsnor  Praying  to  have  Patents 
granted  him  on  two  tracts  of  Land  lying  on  the  S°  side  of  Morattock 
River  surveyed  and  returned  into  the  Secretary  Office  His  Excellency  the 
Governour  was  thereupon  pleased  to  order  that  Patents  issue  to  the  said 
Kelingsworths  for  the  said  two  tracts  he  first  advertising  the  same  pur- 
suant to  the  Rules  prescribed 

Upon  Petition  of  Seth  Pelkington  praying  that  Patents  may  be  granted 
him  on  two  several  tracts  of  I^and  Viz'  320'"'  lying  on  the  S°  side  of 
PampHco  river  and  640  Acres  on  the  N°  side  of  Pamplico  River  adjoyn- 
ing  the  Plantation  whereon  he  now  lives  both  whic^h  Tracts  are  surveyed 
and  returned  into  the  Secretarys  Office  His  Excellency  the  Governour 
was  thereupon  pleased  to  order  that  Patents  issue  to  the  said  Pelkington 
as  prayed  for  he  fii'st  .advertising  the  said  pursuant  to  the  rules  pre- 
scribed 

Upon  Petition  of  Francis  Pugh  praying  patents  may  be  granted  him 
for  two  tracts  of  Land  Viz'  640  A(!res  of  Land  on  the  head  of  Grindel 
Creek  and  300  Acres  more  on  the  aforesaid  Creek  which  are  surveyed 
and  returned  into  the  Secretarys  Office  His  Excellency  the  Governour 
was  thereupon  pleased  to  order  that  Patents  issue  as  prayed  for  to  the 
said  Pugh  he  fii-st  advertising  the  same  pursuant  to  the  rules  prescribed 


COLONIAL  RECORDS.  69 


Upon  Petition  of  Jno  Mills  praying  a  Patent  may  be  granted  him  for 
.■520""  of  Land  in  Beaufort  whereon  lie  now  dwells  being  surveyed  and 
returned  into  the  Seeretarys  Office  His  Excellency  the  Governonr  was 
thereupon  pleased  to  order  a  Patent  to  issue  as  prayed  for  tlie  said  Mills 
first  advertising  the  same  pursuant  to  the  rules  prescribed 

Upon  Petition  of  George  Downing  praying  a  Patent  may  be  granted 
him  for  640  Acres  of  Land  lying  in  Bertie  Precinct  joyning  on  William 
Bresswell  and  Richard  Sumners  Line  which  is  surveyed  and  returned 
into  the  Secretary's  Office  His  Excellency  the  Governour  was  thereupon 
pleased  to  order  a  Patent  to  issue  as  prayed  for  the  said  Downing  first 
advertising  the  said  Land  pursuant  to  the  rules  prescribed 

Ujjon  petition  of  James  Rigney  shewing  that  he  purchased  the  right 
title  and  claim  of  Tlio'  Rigney  who  obtained  a  War'  for  500''°  of  Land 
lying  in  Beaufort  on  the  N°  side  of  grindals  Creek  which  is  surveyed 
and  returned  into  the  Secretarys  Office  jiraying  a  Patent  may  be  granted 
to  him  in  his  name  for  the  same.  His  Excellency  the  Governour  was 
thereupon  pleased  to  order  a  Patent  to  issue  in  the  Pet"  name  for  the 
said  Land  provided  the  said  survey  did  not  come  within  the  Lines  of  a 
Survey  this  day  granted  to  Mr  Francis  Pugh. 

Read  the  Petition  of  Thomas  Corprew  and  referred  to  the  20""  Instant 
and  Ordered  that  the  Rever*  Doc'  Garcia  and  Mr  Robert  Boyd  be  sum- 
moned to  appear  on  the  said  day 

Read  the  Petition  of  Thomas  Bonner  and  referred  to  the  20""  Inst  and 
Ordered  that Wallis  be  summoned  to  appear  on  the  said  day. 


Council  ll""  November  1735 

Present  His  Excellency  the  Governor 

rpi     XT       1 1      /  ^^'^^  Smith  ]  Esq™  Members  of  His 
\  Nath  Rice    j       Majestys  Council 

LTpou  Petition  of  John  Nairn  setting  forth  That  he  has  a  Patent  for 
640"^  on  Murrattock  River  some  of  the  Courses  of  which  were  omitted 
praying  a  resurvey  And  that  he  obtained  of  S'  Richard  Everard  a  War' 
for  200"°  in  Bertie  adjoyning  thereto  which  has  been  executed  and 
returned  and  therefore  prays  a  Patent  &c 

It  is  ordered  that  J  Nairn  have  a  Warr'  for  said  Lands  and  that  the 
same  be  surveyed  agreeable  to  the  survey  made  by  Jno  Gray  in  1720  and 
not  according  to  said  Nairn's  patent  and  that  so  much  of  Robert  Rad- 
fords  Warrant  Dated  15  of  Dec'  1732  which  takes  in  any  part  of  the 
said  Nairns  Land  in  the  aforesaid  plott  be  vacated  and  that  a  patent  issue 
to  the  said  Nairn  for  the  said  200'°  as  prayed  for 


70  COLONIAL  RECORDS. 


Mr  Surveyor  General  Wardroper  in  pursuance  of  an  Order  of  this 
Board  passed  the  28""  day  of  March  last  for  surveying  of  a  tract  of  Land 
known  by  the  name  of  Kaldonia  belonging  to  the  Estate  of  Col"  Maule 
deceased  now  appeared  at  the  Board  and  made  a  return  of  said  plot  and 
the  parties  concerned  appearing  and  the  matter  being  fully  heard  it  is  tlie 
opinion  of  this  Board  that  the  same  doth  not  lye  before  them. 


At  a  Council  the  13*  day  of  November  1735 

Present  His  Excellency  the  Governor 

T^i      tr       II      /  Will  Smith    Edm"  Porter  \  Esq"  Members  of  His 

i  he  ilonoble    |  ^..^^j^  j^j^.^      y^^]^^,.j^^.^  Moseley  J       Majestys  Council 

His  Excellency  the  Governour  was  pleased  to  acquaint  this  Board  that 
the  power  Granted  to  the  Court  of  Exchequer  to  adjourn  from  place  to  place 
and  from  time  to  time  was  tliis  day  expired  and  as  tiiere  were  several 
Bills  in  that  Court  now  depending  His  Excellency  tiie  Governour  was 
pleased  to  continue  tiie  said  Court  with  Power  to  adjourn  from  time  to 
time  and  from  place  to  place  to  the  25*  day  of  December  next  which  the 
Honoble  the  Council  were  pleased  to  assent  to. 

Upon  Petition  of  William  Carruthers  praying  Patents  may  be  Granted 
him  for  two  several  tracts  of  land  lying  on  the  N°  side  of  Nuce  river  in 
Beaufort  Prect.  which  are  surveyed  and  returned  into  the  Secretary's 
Office  and  hath  advertised  the  same  His  Excellency  the  Governour  was 
tiiereupon  pleased  to  order  patents  to  issue  as  prayed  for 

Read  the  Petition  of  Aaron  Tyson  Planter  shewing  that  his  Father 
in  the  year  1710  Warranted  surveyed  and  returned  into  the  Secretarys 
Office  1150  Acres  of  Land  in  Hyde  lying  on  the  East  side  of  Matcha- 
pungo  River  which  is  well  improved  and  cultivated  but  tliat  soon  after  the 
survey  was  made,  His  Fatiier  in  Defence  of  the  Country  was  killed  by 
the  Indians,  and  no  Patent  was  then  taken  out  for  the  same  he  being  an 
Orphan,  but  has  by  his  Guardian  paid  Quit  Rents  for  the  same,  when- 
ever tiiey  were  demanded,  and  he  being  now  of  full  Age,  prays  a  Patent 
may  be  granted  iiim  for  the  same. 

Ordered  that  a  Patent  be  granted  to  the  said  Aaron  Tyson  provided 
the  survey  thereof  can  be  found  in  the  Secretarys  Office 

Upon  Petition  of  Edmond  Peirce  praying  a  Patent  may  be  granted 
him  on  Warrants  from  the  late  Governour  Viz'  400""  Beaufort  on 
Swift's  Creek  joining  to  D''  Maule  and  100"^  back  of  tiie  Land  he  lives 
on  which  are  surveyed  and  returned  into  the  Secretarys  Office 

Ordered  tiiat  Patents  issue  as  prayed  after  due  advertisement 

Upon  Petition  of  Pasco  Bartlet  shewing  that  about  Eighteen  years 
ago  he  purchased  of  Jn°  Bathurst  140'°  of  Laud  lying  in  Beaufort  on 


COLONIAL  llECORDS.  71 


the  E'  .side  of  the  N"  Dividing  CreckH  of  Pampliccj  river  which  was 
Warranted  in  Gov'  Etlen's  time  and  surveyed  and  returned  into  the  Sec- 
retary's Office  by  Mr  Patrick  Mauie  Dej/  Sur.  and  that  lie  has  culti- 
vated and  improved  the  said  Land  from  the  time  of  the  said  Purchase 
till  now  and  prays  a  Patent  for  the  same 

Ordered  that  a  Patent  issue  as  prayed   for  provided  the  Warrant  is 
returned  into  the  Secretarys  Office  and  tliat  the  Land  be  duly  advertised 


At  a  Council  held  the  2U"'  of  November  1735 
Present  His  Excellency 
rpi     TT       11/  ^^^  Chief  Justice  )  Esq"  Members  of  His 
\  Mr  Secretary         /      Majestys  Council 

Read  the  petition  of  Thomas  Corprew  complaining  that  the  Rever* 
Mr  Gazzia  had  run  out  land  belonging  to  him  at  pamplico  and  both 
being  present  and  the  matter  fully  discussed 

Ordered  that  the  said  Petition  be  rejected 

Ordered  that  the  surveyor  General  cause  a  Resurvey  to  be  made  on 
the  Lands  claimed  by  R.  Moore  lying  between  Cap'  Innes  and  Shalands 
called  Shutes  over  against  the  Indian  Walls  on  the  N°  E'  side  of  the  N°  W' 
river  of  Cape  Fear  a  return  thereof  made  to  his  Excellency  in  Council 
on  or  before  the  25  of  March  next. 

Ordered  That  the  Surveyor  General  cause  a  resurvey  to  be  made  on 
the  Land  claimed  by  Zebulon  Clayton  lying  on  the  N°  E'  side  of  the  N° 
W'  branch  of  Cape  Fear  river  joyning  Shutes  I^and  on  the  lower  side 
and  Richard  Hilliard  on  the  upper  side 

Ordered  that  the  Surveyor  General  cause  a  Resurvey  to  be  made  of 
the  Lands  belonging  to  Cullen  Pollock  Esq' and  Mr  George  Pollock  and 
the  Heirs  of  Thos  Pollock  Esq  Deced  lying  on  Nuce  River  and  a  report 
thereof  to  make  to  tliis  Board  on  or  before  the  25""  day  of  March  next 

Ordered  that  the  surveyor  General  have  copies  from  the  Secretarys 
Office  of  all  such  patents  as  he  hath  directions  to  resurvey. 

Ordered  that  the  Surveyor  General  signify  to  his  several  Deputys 
within  this  Province  that  they  do  not  at  their  Peril  for  the  future  execute 
any  Warrant  for  land  of  a  Prior  date  to  the  IS""  August  last  after  the 
13  of  February  next  all  such  Warrants  being  by  Order  of  the  Governor 
in  Council  and  that  for  the  time  to  come  no  Warrant  be  surveyed  if  not 
put  into  the  Deputy  Surveyors  hands  within  7  months  after  their  date 
and  likewise  that  he  acquaint  his  Deputy  that  they  do  not  survey  any 
Land  for  the  future  without  first  swearing  the  Chain  Carriers  agreeable 
to  a  late  order  made  by  His  Excellency  the  Governour  in  Council 

Tho'  Bonner?  Petition  Read  and  referred  to  the  10""  of  Dece'  next. 


72  COLONIAL  liECORDS. 


At  a  Council  held  at  Edenton  the  29'"  of  November  1735 
Present  His  Excellency  the  Governour 

(  Will  Smith  E.  Porter  )     Esq"  Members 

The  Honoble^  Nath  Rice  E.  Allen    V  of  His 

(  Rob'  Halton  j  Majestys  Council 

His  Excellency  the  Governour  ordered  the  minutes  of  Council  from 
the  24""  September  to  the  20  Instant  to  be  read  there  having  been  but 
2  Members  present  at  the  Councils  held  within  that  time  viz'  at  New 
Bern  Bath  and  Bertie  some  of  the  rest  being  then  upon  Publick  business 
elsewhere  and  others  indisposed  the  said  minutes  being  accordingly  read 
the  Members  now  present  for  their  Opinion  they  all  consented  and 
ordered  the  same  to  be  entered  in  the  Council  Journal 

In  order  to  the  forming  just  rent  roll  His  Excellency  proposed  that 
for  the  future  before  any  Patents  issue  out  of  the  Secretarys  Office  every 
Grantee  should  make  Oath  before  the  Secretary  how  long  he  has  been  in 
Possession  of  the  I^and  mentioned  in  said  Grant  either  by  cultivation  or 
by  Warrant  and  that  Copys  of  the  said  Oath  to  the  Rece'  General  and 
Auditor  to  which  this  Honoble  Board  assented 

Whereas  by  an  Order  passed  the  13  inst  the  Court  of  Exchequer  had 
only  power  of  adjourning  from  time  to  time  and  from  place  to  place 
untill  the  25"'  day  of  December  next  His  Excellency  the  Governor  was 
pleased  further  to  continue  the  said  Court  with  power  of  adjourning  from 
time  to  time  and  from  place  to  place  untill  Lady  Day  1737  which  the 
Council  unanimously  approved  of 

Read  the  following  Petitions  Viz' 

Saml  Woodward  1000  Craven,  Sam  Johnston  1000  Do,  William  Gray 
2000  Craven,  Jas  Trotter  1000  Do 

Setting  forth  that  they  have  Warrants  granted  them  in  Council  for 
the  said  Land  which  are  surveyed  and  returned  into  the  Secretarys  Office 
praying  patents  may  be  granted  them  for  the  same 

Ordered  that  patents  issue  accordingly 

Ordered  that  in  pursuance  of  a  royal  Instruction  for  Erecting  two 
Courts  of  Oyer  and  Terminer  yearly  a  Commission  issue  to  hold  the 
said  Court  at  Edenton  the  second  Tuesday  in  December  next  Directed  to 
the  Honoble  W"  Smith  Esq'  Chief  Justice  Mr  Secretary  Rice,  Col°  Por- 
ter and  W"  Downing  Esq' 

His  Excellency  the  Governour  informed  this  Board  that  he  had  lately 
rece*  a  letter  from  Mr  Dobbs  and  some  other  Gentlemen  of  Distinction 
in  Ireland  and  Mr  Henry  M°Culloh  Merch'  in  London  representing  their 
intention  of  sending  over  to  this  Province  several  poor  Protestant  Fami- 
lys  with  design  of  raising  Flax  and  Hemp  that  the  said  Gentleman  had 


COLONIAL  KKC'ORDS.  73 


appointefl  Cap'  Woodward  as  their  Attoi-''  wlio  had  been  at  a  considerable 
Expence  in  finding  out  a  large  body  of  Land  and  now  applied  for  a  Grant 
of  60.000  acres  for  that  purpose  on  Black  River  in  N.  Hanover  Precinct 
being  ready  to  give  Security  for  the  payment  of  His  Majesty's  Quit 
Rents  for  the  said  Land  as  the  same  shall  become  due  and  the  Governour 
declaring  his  intention  of  Granting  the  said  Lands  to  the  said  Mr  Dobbs 
&c  after  the  same  was  surveyed  and  returned  into  the  Secretarys  office 
the  Council  unanimously  approved  thereof. 

Mr  Surveyor  General  having  applied  for  a  Copy  of  the  patents  belong- 
ing to  Roger  Moore  Esq'  commonly  called  the  Cowpen  which  he  could 
not  find  under  the  name  of  the  Cowpen 

Ordered  that  he  have  a  Copy  of  the  said  Moores  Patents  for  5000 
acres. 


At  a  Council  held  at  the  Council  Chamber  in  Edeutou  the  9*  day  of 

December  1735. 

Present  His  Excellency 

™,     TT       11      f  Will  Smith     Eleaz  Allen  /  Esq"  Members  of  His 
ihe  Monoble    |  ^,^^^  ^.^^^       g^j^^  Porter  \       Majestys  Council 

His  Excellency  the  Governour  acquainting  this  Board  that  the  Pres- 
ent General  Assembly  stood  prorogued  to  Tuesday  the  20"'  of  January 
next  and  having  no  matter  of  Publick  concern  to  lay  before  them  he  was 
pleased  to  declare  the  said  Assembly  Dissolved  which  the  Council  unani- 
mously approved  of. 

Ordered  that  a  Proclamation  issue  accordingly 

Read  the  following  Petitions  for  Patents  Viz' 

Robert  Potter  200  N.  Hanover,  D°  135  D",  William  Lewis  640  N. 
Hanover,  Ditto  320  Ditto 

Read  the  Petition  of  Co'  Thos  Hunter  and  Rebecca  his  wife  setting 
forth  that  they  as  next  of  kin  to  Sarah  Swann  lately  deceased  are  entitled  to 
the  administration  of  her  estate  which  has  nevertheless  been  surreptitiously 
obtained  by  Samuel  Swann  of  Perquimons  therefore  humbly  prays  the  L" 
to  him  granted  may  be  revoked  and  that  such  Commission  be  directed  to 
them  agreeable  to  Law  and  that  citation  issue  to  the  said  Swann  to  shew 
cause  &c  Ordered  that  a  citation  issue  to  the  said  Swann  to  appear  before 
this  Board  the  16""  day  of  December  and  that  Col  Hunter  do  also  then 
attend. 

His  Excellency  the  Governour  acquainting  this  Board  that  he  had 

Received  Informations  from  many  of  the  Principal  Inhabitants  of  the 

Province  that  small  crops  of  corn  and  wheat  are  made  this  year  by  reason 

of  the  Great  Floods  of  Rain  that  fell  last  summer  there's  like  to  be  a 

10 


74  COLONIAL  RECORDS. 


great  scarcity  of  wheat  and  Indian  corn  if  any  grain  should  be  suffered 
to  be  exported  out  of  any  of  the  ports  of  this  province 

His  Excellency  thereupon  with  the  advice  and  consent  of  his  Majesty's 
Council  doth  hereby  Prohibit  any  wheat  or  Indian  corn  to  be  exported 
out  of  or  from  any  Port  or  District  within  this  province  of  which  all 
Officers  of  His  Majestys  Customs  are  directed  to  take  notice. 

Ordered  that  a  Proclamation  issue  accordingly 

Whereas  there  is  no  Fee  established  for  registring  of  patents  or  Grants 
of  Land  in  the  Office  of  His  Majestys  Auditor  General  and  it  being 
proper  and  necessary  that  the  same  should  be  appointed  and  ascertained 
His  Excellency  was  pleased  to  order  by  and  with  the  advice  and  consent 
of  His  Majesty's  Council  That  for  every  Patent  or  Grant  of  Land  regis- 
tered or  entered  in  the  Auditors  Office  He  shall  have  and  receive  of  the 
person  registering  the  same  the  sum  of  three  pounds  Current  Bills  of  the 
province. 

Whereas  it  was  the  opinion  of  this  Board  upon  His  Excellency's  sig- 
nifying his  Intention  on  the  29""  past  of  granting  a  certain  Quantity  of 
Land  to  several  Gentlemen  in  England  and  Ireland  for  the  Settlement 
of  some  Irish  Families  intended  to  be  imjiorted  into  tliis  Government 
they  giving  security  for  the  payment  of  His  Majestys  quit  rents. 

It  is  further  the  unanimous  opinion  of  this  Board  that  in  case  any 
overtures  or  proposals  of  the  like  nature  should  be  made  to  His  Excel- 
lency in  the  Intervals  of  Councils,  It  will  be  highly  proper  for  His  Ex- 
cellency to  grant  to  any  person  making  such  applications  and  proposal 
such  further  Quantity  of  Land  as  may  be  requisite  for  the  numbers 
intended  to  be  imported  the  same  tendering  so  much  for  the  advance- 
ment of  His  Majestys  Revenue  and  tlie  Improvement  of  the  Province 


At  a  Council  held  at  the  Council  C'liaiiiber  in  Edenton  tlie  16""  day  of 

December  1735. 

Present  His  Excellency. 

rpi     XT       11    I  Will  Smith         Nath  Rice  1  Esq"  Mem"  of  His 
The  Honoblej  ^   ^^^^^  |    ^^.^^^^^^  ^^^^^^^ 

Read  the  Petition  of  Col°  Bonner  setting  forth  that  he  had  purchased 
of  the  Chowan  Indians  a  certain  tract  or  parcell  of  Land  lying  and 
being  in  the  said  precinct  and  praying  that  the  same  might  be  confirmed 

There  was  produced  a  Deed  of  Sale  from  the  said  nation  to  tlie  said 
Bonner  which  was  read  and  the  Indians  being  Interrogated  thereon 
declared  they  had  received  the  consideration  money  therein  mentioned 
and  were  therewith  fully  satisfied 


COLONIAL  RECOKDS.  75 


Whereupon  His  Excellency  by  and  with  the  advice  and  consent  of 
this  Board  was  pleased  to  allow  and  approve  of  the  said  Sale  to  Col 
Henry  Bonner 

Read  sundry  Petitions  for  Patents  in  consequence  of  Warrants  that 
have  been  surveyed  and  returned  into  tlie  Secretarys  Office  as  follows 
Viz' 

Robt  Potter  200"°  N.  Hanover,  Do  175  D",  Jn"  Blount  640  Beaufort, 
Rich"  Peirce  400  PerquiuKins,  D"  180  D°,  Arthur  Mabsou  640  Carteret, 
Ben  Hill  500  Edgcomb,  William  Lewis  640  N.  Hanover,  D°  320  D", 
Churchill  Caldom  640  Beaufort,  Churchill  Caldoni  640  Beaufort,  D"  D» 
640  D",  John  Caldom  640  D°,  Jacob  Blount  500  D",  W"  Gray  640  N. 
Hanover,  Jno  Pratt  640  Edgcombe,  D"  300  D°,  Ben  Hill  500  Edgcombe. 
John  Gray  400  D",  Jno  Snowd  640  Beaufort,  I)°  640  D" 

Which  were  accordingly  Granted 

Note. — The  Patents  to  Potter  and  Lewis  shoukl  not  be  here,  having 
been  granted  the  9""  of  this  month,  reed,  in  the  Minutes  of  that  day. 

Note. — The  400  here  to  J.  Gray  were  afterwards  included  in  another 
patent  for  640. 

Personally  appeared  Sanil  Swann  of  Perquimans  and  Col"  Hunter  by 
his  Attorney  and  the  Board  taking  into  their  Consideration  the  said 
Hunter's  petition  read  the  9*  instant  in   relation   to  the  Commission  of 

lately  Granted  to  Saml  Swann  they  are  of  opinion  the  said  Swanns 

suggestions  and  pretensions  are  false  and  without  foundation  and  that 
the  same  of  right  belongeth  to  the  said  Hunter  which  is  therefore  accord- 
ingly Granted. 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vols.  23  and  25.] 

LEGISLATIVE  JOURNALS. 

North  Carolina. 

At  a  General  Assembly  begun  and  held  for  the  said  Province  at  Eden- 
ton  the  fifteenth  day  of  January  Anno  Dom.  1734.  [1735] 

Present    the    Hono"''  William   Smith   Esq'  Presid'  of  His  Majestys 
Council. 

Nathaniel  Rice 


The 
Honoble 


I  Robert  Halton 
iEleazer  Allen 


Edward  MoseleyjEsq"  Members  of  His  Maj- 
Roger  Moore  e.sty's  Council  being  the 

Cullen  Pollock     '  Upper  House  of  As.sembly. 


The  House  met  and   adjourned  'till  three  of  tlie  Clock   in   the  After- 
noon. 


76  COLONIAL  RECORDS. 


The  House  met  again  and  acljourned  till  to  morrow  morning  at  Eleven 
of  the  Clock. 

Thursday  January  the  16* 

The  House  met  according  to  Adjournment. 

Present  The  honoble  William  Smith  Esq"  Presid'  &c 
fNath' Rice         Eleazer  Allen   ^ 
rpi     TT     -11       I  Rob' Halton      Edw*  Moseley   I  ^^    „  « 
i  Edm*  Porter      Roger  Moore     [        ' 
1^  Cullen  Pollock  J 

Received  the  following  Message  from  the  lower  House  directed  to  his 
Excell^  the  Governor  who  was  present  Viz' 

To  His  Excell^  the  Governour: 

The  several  Members  of  this  House  being  met  are  now  ready  for  their 
Qualification 

Signed         JO=  ANDERSON  Clk.  G:  Ass: 
Sent  by  Col°  Henry  Bonner 
M'  Thomas  Luten 

Whereupon  his  Excell^  the  Governour  was  pleasetl  to  appoint  M"' 
Secret^  Rice  and  P]leazer  Allen  Esq''  Two  Members  of  this  Board,  to 
Administer  the  Oaths  by  Law  appointed  to  be  taken  for  the  Qnalification 
of  Publick  Officers,  to  the  Several  Members  of  the  General  Assembly  of 
this  Province. 

Received  the  following  Message  from  the  lower  House  directed  to  His 
Excell^  the  Governour  Viz' 

May  it  please  your  Excell^. 

The  House  being  now  qualified  are  ready  to  wait  on  your  Excell^  for 
your  directions  in  the  Choice  of  a  Speaker. 

Signed  J.  ANDERSON  C:  G:  Ass. 

Sent  by  M"^  William  Badham 
M'  Henderson  Luten. 

His  Excell^  the  Governour  thereupon  sent  a  Messenger  to  the  General 
Assembly  requiring  their  immediate  attendance,  who  came  in  a  full 
Body;  and  His  Excell-*'  was  pleased  to  direct  the  House  to  choose  their 
Speaker  and  present  him  tomorrow  morning  at  Ten  of  the  Clock  for  his 
Approbation. 

Then  the  House  adjourned  'till  tomorrow  morning  at  Ten  of  the  Clock. 

Eryday  January  the  17"' 

The  House  met  according  to  adjournment. 


COLONIAL  RECORDS.  77 


Present  The  Honoble  William  Smith  Esq'  Presid' 
fNath'  Rice  Edw"  Moseley  ^ 

m     1       -,  1        Robert  Halton     Roger  Moore         r .,  r«  f,„ 
Ihehoiiobe      t:^  i    h  u    ^  r^  u       d  ii     i     I'^^'^i    '^^ 

Edm"  Porter        CuUeii  Poilock  ' 

[^  Eleazer  Allen  j 

His  Excell^  the  Governonr  came  to  the  upper  House  and  sent  a  Mes- 
senger requiring  the  attendance  of  the  General  Assembly  to  present  their 
Speaker,  and  the  General  Assembly  came  in  a  full  body  and  presented 
William  Downing  Esq"  their  Speaker,  whom  his  Excell''  was  pleased  to 
approve  of,  and  then  delivered  his  Speech  to  both  Houses  in  the  follow- 
ing Words  Viz' 

Gentlemen  of  the   Council,  and  Gentlemen  of  the   House 

OF  Burgesses. 

It  was  with  great  surprize  and  Concern  that  I  found  upon  my  coming 
into  this  province  everything  in  such  disorder  and  Confusion  ;  the  Mem- 
bers of  Council  &  of  the  Superiour  Courts  appointed  by  his  Majesty 
expelled  the  Country  by  Violence  and  such  Men  arbitrarily  put  in  their 
places  whose  Characters  alone  were  sufficient  to  bring  all  Majestracy  and 
Government  into  contempt  and  ridicule;  The  inferiour  Courts  in  some 
places  quite  discontinued,  and  in  others  under  the  management  of  such 
Persons,  who  instead  of  protecting  the  People  in  their  just  Rights,  made 
use  of  the  Power  they  were  invested  with,  to  harrass  and  Oppress  them : 
in  short  all  business  commerce  and  improvements  seemed  to  be  very  much 
at  a  stand. 

It  was  for  these  reasons  that  I  thought  it  proper  to  take  the  most  early 
Opportunity  of  calling  you  together,  and  you  are  Assembled,  I  flatter 
myself  you  are  met  with  a  Sincere  and  hearty  disposition  of  shewing 
your  Duty  and  Fidelity  to  his  Majesty  &  of  redressing  the  Grievances 
of  your  Country,  in  the  doing  of  which  I  hope  all  your  consultations 
will  be  managed  with  decency  Temper  and  Moderation  qualities  highly 
becoming  all  Bodies  of  Men,  who  are  intrusted  with  any  share  of  Legis- 
lative power,  or  whose  consent  is  necessary  in  making  and  framing  such 
Laws,  as  are  to  bind  their  fellow  subjects 

Gentlemen, 

The  settlement  of  his  Majestys  Quit  rents,  which  has  been  so  long 
postpon'd,  ought  to  come  under  your  immediate  consideration.  As  his 
Majesty  purchased  this  Province  for  a  valuable  Consideration  and  under 
the  most  Solemn  Sanction  of  an  Act  of  the  who[le]  British  Legislature ;  I 
am  confident  no  person  in  the  Assendily  will  attempt  either  to  delay  or 
by  any  evasive  captious  clauses  elnde,  doing  so  necessary  a  piece  of  Jus- 
tice to  the  Crown ;  especially  since  his  Majesty  has  been  pleasetl  to  dis- 


78  COLONIAL  RECORDS. 


pose  of  these  in  such  manner,  that  of  Course,  the  greatest  part  of  them 
must  be  spent  among  your  selves:  an  Instance  of  Goodness  which  de- 
mands the  warmest  returns  of  gratitude,  and  ought  to  have  great  weight 
with  you  in  all  your  debates,  where  his  Majesty's  interest  is  concerned. 

The  affair  of  the  currency  of  your  publick  Bills  is  what  can  be  no 
longer  neglected  without  the  entire  ruin  of  the  Country :  These  Bills 
were  originally  on  a  very  bad  precarious  footing,  but  are  now  infinitely 
worse,  by  the  great  Number  of  Counterfeits,  which  are  gone  abroad  into 
all  parts  of  the  province,  by  the  Villainous  arts  of  wicked  and  ill  dis- 
posed persons,  and  to  the  utter  undoing  of  many  poor  industrious  Fam- 
ilies. As  it  has  been  and  always  shall  be  my  constant  endeavour  to 
punish  with  the  utmost  severity  the  Authors  and  encouragers  of  such 
mischievous  practices,  so  it  is  incumbent  on  you,  it  is  an  indispensible 
Duty  you  owe  to  your  Country,  to  find  out  a  proper  remedy  for  so  great 
an  Evil;  and  as  the  People  of  this  Province  cannot  carry  on  their  deal- 
ings without  some  paper  currency ;  to  contrive  and  establish  one,  on  an 
Honest,  just  and  Solid  Foundation,  so  as  to  preserve  the  Publick  ffaith 
inviolable,  and  prevent  for  the  future  the  industrious  planter  from  being 
robbed  of  the  fruits  of  his  Labt)ur,  by  the  tricks  and  frauds  of  profligate 
and  abandoned  Persons. 

You  cannot  employ  your  time  to  better  purpose,  nor  more  for  the 
benefit  of  the  people  whom  you  represent  than  by  finding  out  some 
proper  incouragement,  as  they  have  done  in  most  other  Colonys  of 
America,  for  raising  such  manufactures  and  products,  as  may  enable  you 
to  carry  on  an  immediate  and  direct  Trade  to  Great  Britain,  without 
which  I  am  assured  this  province  must  always  be  a  property  to  its  Neigh- 
bours, and  remain  in  a  poor  and  Low  Condition. 

Gentlemen  I  expect  that  by  some  strict  and  effectual  Law,  you  will 
put  an  end  to  the  disorders  and  riotous  proceedings  w'hich  have  for  some 
time  past  too  much  prevailed  in  this  country,  and  which  are  a  shame  and 
reproach  to  all  Government  and  civil  Society  :  and  for  this  end  I  must 
particularly  recommend  it  to  you  to  put  the  Militia  on  a  better  footing, 
not  only  in  order  to  defend  the  Country  against  all  attacks  of  foreign 
Elnemies,  but  likewise  to  assist  the  civil  Magistrate  in  the  Execution  of 
such  wholesome  Laws  and  Statutes,  as  you  shall  think  proper  to  Enact. 
These  Gentleman  are  points  of  such  Consequence  that  neither  the  Liberty 
nor  the  property  of  his  Majestys  Subjects  in  this  Province  can  well  Sub- 
sist without  them,  and  therefore  deserve  your  first  and  most  early  con- 
sideration; &  I  hope  nothing  of  less  moment  will  divert  your  attention 
from  matters  of  so  great  importance. 


COLONIAL  RECORDS.  79 


Gentlemen  I  sliall  not  at  tliis  time  trouble  you  with  any  demanfls  for 
myself;  I  am  Sensible  tiie  Confusions  &  distractions  in  w"''  this  province 
has  been  so  long  involved  have  put  it  prety  much  out  of  your  power  to 
make  any  large  allowance  to  your  Governor;  If  I  can  have  the  Satis- 
faction of  seeing  the  Lives  Libertys  and  properties  of  his  Majesty's  Sub- 
jects in  this  Province  Secured  in  the  most  Effectual  manner,  and  of  See- 
ing their  Trade  manufacture  and  Riches  Increased  under  my  Adminis- 
tration I  do  sincerely  assure  you,  it  will  give  me  a  more  solid  and  last- 
ing pleasure,  than  any  appointment  your  present  Circumstances  ran 
allow  you  to  fix  upon  me.  I  do  not  doubt  Gentlem"  you  will  take  care 
to  settle  a  fund  for  defraying  the  Expences,  whicli  are  necessary  for  car- 
rying on  the  Publick  Service  and  answer  such  contingent  charges,  as 
may  from  time  to  time  arise,  without  which  there  is  no  doing  of  business 
during  the  intervals  of  Assemblys ;  and  you  may  depend  upon  having  a 
fair  and  just  account  laid  before  you  every  Sessions,  how  such  money 
has  been  applyed.  I  shall  take  care  to  lay  before  you  such  of  my  In- 
structions as  I  am  ordered  to  communicate,  you  will  find  them  (how- 
ever different  my  other  instructions  may  be)  much  the  same  with  those 
of  my  Predecessor. 

Gentlemen  of  the  Council  and  House  of  Burgesses, — before  I  make 
an  end,  I  must  give  you  one  caution,  w'*"  is,  to  guard  against  the  attempts 
of  any  set  of  men  whatsoever,  wiio  presunu'  to  make  a  distinction 
between  the  Interest  of  the  Crown  and  the  interest  of  the  Countrv,  The 
King  of  Great  Britain  is  so  Potent  a  Prince,  has  such  large  and  opulent 
Dominions  both  in  Europe  and  America,  that  the  least  reflection  must 
convince  you,  how  little  it  would  be  worth  his  while  to  form  anv  design 
upon  the  People  of  this  Province,  unless  it  be  the  grand  and  constant 
design  of  his  whole  auspicious  Reign,  the  happyness  and  prosperity  of 
all  his  Subjects.  Tiie  interest  of  the  Crown  and  of  this  Province  is 
intirely  the  same,  and  whoever  the  person  is,  who  endeavours  to  seperate 
them,  he  is  an  Enemy  to  both,  and  as  such  I  hope  you  will  always  look 
upon  him. 

Which  being  again  read  at  this  Board,  Resolved  that  M'  Secretary 
Rice  and  Eleazer  Allen  Esq'  be  and  are  hereby  appointed  a  Committee 
to  draw  up  an  Address  in  Answer  to  his  Exeell^'^  Speech,  and  to  lay 
the  same  before  this  House  on  Monday  Morning. 

Adjourned  till  three  of  the  Clock  in  the  Afternoon. 

The  House  met  again  and  Adjourned  till  to-morrow  Morning  at  Ten 
of  the  Clock. 


80  COLONIAL  RECORDS. 


Saturday  January  the  IS"" 
The  House  met  according  to  Adjournment 

Present  The  Honohle  William  Smith  Esq'  President  of  his  Majestys 
Council. 

f  Nath'  Rice  Edward  Moseley  "^ 

rn,     ,       ., ,         Robert  Halton     Roger  Moore  XT'    rs  ii 

ilie  honoble  ■[    x^t    i-r,    ^  rt  ii      tj  n     i  •  Lsci™  (Sc. 

Edm"  Porter       Cullen  Pollock  ^ 

[  Eleazer  Allen  J 

Then  the  House  adjourned  till  tomorrow  morning  at  Ten  of"  y°  Clock. 

Monday  January  tlie  20* 
The  House  met  according  to  Afljournment 

Present  the  Honoble  William  Smith  Esq',  President  of  his  Majesties 
Council. 

;Nath'  Rice         Eleazer  Allen  ] 
Rob'  Halton      Edw*  Moseley  V  Esq"  &c. 
Edm"  Porter     Roger  Moore    J 
M'  Secretary  Rice  and  Eleazer  Allen  Esq'  the  Committee  appointed 
to  draw  up  an  Address  in  answer  to  his   Excell^'  Speech,  now  laid  the 
same  before  this  board,  which  was  read  and  approved  of,  and  Ordered 
that  the  same  be  fairly  Transcribed  and  laid  before  the  board  at  two  of 
the  Clock  in  the  Afternoon. 

The  House  met  again. 
Present  The  Hono"'  William  Smith  Esq'  Presid'  of  his  Majesties  Coun' 
f  Nath'  Rice  Eleazer  Allen        ) 

The  Hono""  <^  Rob'  Halton         Edward  Moseley  V  Esq''  &c 
( Edm''  Porter        Roger  Moore         j 
The  Address  was  again   laiil    before  the  House,  who  Unanimously 
agreed  thereto,  in  the  following  words  Viz': 

To   his  Excellency  Gabriel  Johnston   Esq'  Captain  General  Governour 

and  Commander  in  Chief  and  Over  his  Majestys  Province  of  North 

Carolina  and  Vice  Admiral  of  the  same. 
The  Humble  Address  of  his   Majesty's  Council   of  the   said  Province, 

now  met  in  General  Assembly. 
May  it  please  your  Excellency. 

We  his  Majestys  most  dutiful  and  Loyal  Subjects,  Members  of  the 
Council  of  this  province,  beg  leave  to  take  this  first  Opportunity  of  Con- 
gratulating your  Excellencys  safe  arrival  in  your  Government  a  happy- 
ness  so  long  and  impatiently  wished  for  could  not  but  fill  Our  hearts 
with  the  greatest  Joy,  as  well  as  the  deepest  Sense  of  gratitude  to  Our 
n]ost  gracious  Sovereign,  whose  Royal  goodness  and  paternal  care  of  his 


COLONIAL  HPX'ORJJS.  «1 


People,  is  so  conspicuous,  iu  appointing  a  Gentlonian  oC  your  Exccll'" 
known  and  distinguished  Abilities  to  rule  over  us,  at  a  time  when  the 
change  was  so  necessary  for  the  Deliverance  of"  a  distressed  people,  from 
the  Jaws  of  Rapine  Oppression  and  Violence. 

This  leads  us  to  return  your  Excell^  our  sincerest  thanks  for  your 
Speech  to  both  houses  at  the  Opening  of  this  Session  wherein  you  are 
pleased  in  so  particular  a  manner  to  take  notice  of  the  disorders  and 
Confusion  the  Province  was  in  at  your  coming  to  it;  a  Confusion  whicli 
nothing  but  your  Excell^'  arrival  could  regulate,  and  which  had  your 
Excell^  been  detained  longer  from  y'  Government,  might  have  termi- 
nated in  the  utter  destruction  of  several  of  the  Gentlemen  who  have  the 
Honour  to  sit  at  this  Board.  It  is  impossible  for  us  to  reflect  without  a 
just  resentment  on  the  affronts  injuries  and  indignities  these  Gentlemen 
have  received  in  particular,  as  well  as  those  offered  to  many  others  of 
his  Majesty's  good  Subjects  of  this  Province,  whose  only  crime  in  their 
several  Offices  and  Stations  was,  maintaining  and  supporting  the  Laws 
of  their  Country  and  y°  Legal  Rights  and  privileges  of  English  Men, 
under  the  Tyranny  of  a  person,  who  being  Cloathed  with  the  Royal 
Authority  (an  Authority  only  to  do  good)  vilely  prostituted  the  dignity 
of  his  Office  defeated  the  gracious  Intentions  of  his  Sovereign,  and  in 
conjunction  with  a  set  of  profligate  tools,  made  use  of  that  power  as 
much  as  in  him  lay  for  the  destruction  of  both ;  who  in  a  most  arbitrary 
manner,  in  defiance  of  his  Majesty's  Authority  and  Violation  of  his 
Royal  Commands,  suspended  or  prevented  all  his  Majestys  Council 
then  in  this  province  from  taking  their  seats  at  that  Board,  and  sup- 
ply'd  their  places  with  Men  of  the  most  profligate  and  loose  Character  ; 
Persecuted  and  expelled  the  Province  his  Majestys  Patent  Officers,  and 
filled  the  places  of  the  Chief  Justice  and  Attorney  General,  with  Men 
shamelessly  devoted  to  him ;  the  first  grossly  ignorant  of  the  laws,  and 
both  notoriously  corrupt  and  abandoned ;  hoping  and  endeavouring  by 
tliese  and  other  wicked  instruments,  and  under  Colour  of  Law,  to  effect 
the  utter  ruin  of  those  Gentlemen,  whose  lives  were  in  danger,  and  only 
preserved  by  a  timely  and  unexpected  flight.  ' 

'Tis  to  your  Excellency's  arrival  we,  as  well  as  the  rest  of  his  Majes- 
ty's Subjects,  are  indebted  for  deliverance  from  this  loail  of  Oppression 
and  Arbitrary  Power ;  to  this  we  owe  the  agreeable  prospect  of  future 
Peace  Tranquility  and  freedom,  and  a  revival  of  business  and  Commerce 
among  us;  All  which  we  shall  in  Our  Station  promote  to  the  utmost  of 
our  Power,  assuring  your  Excellency  that  all  our  debates  for  these  pur- 
poses, or  any  other  you  are  pleased  to  mention  in  your  Speech,  shall  be 
carried  on  w"'  what  calmness  and  moderation  you  have  recommended 
to  us. 

11 


82  COLONIAL  RECOEDS. 


We  beg  leave  likewise  to  assure  your  Excellency  that  we  shall  with 
the  greatest  chearfulness  take  into  Our  Consideration  the  settlement  of 
his  Majesties  Quit  rents ;  a  matter  so  just  and  equitable  in  its  own  na- 
ture cannot  admit  of  any  delays  on  our  parts ;  nor  shall  the  business  of 
the  Currency  want  our  earliest  apply  cation  to  regulate  it  being  sensible 
on  how  precarious  a  foundation  the  publick  bills  were  at  first  Emitted, 
but  still  rendered  worse  by  the  Villainous  and  wicked  practices  of  those 
abandoned  wretches,  who  have  so  frequently  been  coucern'd  in  counter- 
feiting and  uttering  them ;  to  that  purpose  it  sliall  be  Our  study  in  con- 
junction with  the  House  of  Burgesses  to  frame  such  a  law  for  your  Ex- 
cell^'  approbation  as  shall  establish  our  currency  on  a  much  more  solid 
basis,  as  well  as  to  prevent  as  much  as  possible  any  counterfeits  for  the 
future. 

We  entirely  agree  with  your  Excellency  in  the  necessity  there  is  for 
raising  such  manufactures  and  products  as  may  enable  us  to  carry  on  an 
immediate  trade  to  Great  Britain  ;  not  only  as  such  a  Trade  would  greatly 
relieve  the  Province  from  the  exorbitant  demands  of  Our  Neighbouring 
Colonies  for  all  sorts  of  English  Goods,  but  might  prove  one  of  the  best 
means  to  preserve  our  Currency  from  being  depreciated  and  to  maintain 
it  at  its  true  value. 

We  shall  take  care  as  much  as  in  us  lyes  that  the  Militia  of  the  prov- 
ince be  put  on  such  a  footing  as  may  best  answer  the  purposes  your  Ex- 
cellency has  been  pleased  to  mention,  being  Sensible  how  necessary  such 
a  body  of  men  are  to  repel  the  attacks  of  Litestine  as  well  as  foreign 
Enemies ;  And  should  any  set  of  men  be  so  bold  as  to  insinuate  any 
distinction  betwixt  the  Interest  of  the  Crown  and  that  of  this  Province, 
as  if  his  Royal  Majesty  could  loriu  any  design  against  it,  we  should 
justly  look  upon  them  as  enemies  to  both. 

We  beg  leave  to  assure  your  Excellency  on  tlie  whole  that  nothing  in 
Our  power  shall  be  wanting  to  render  your  Excellency's  Administration 
here  as  easy  and  happy,  as  we  are  convinced  it  is  in  your  inclination  to 
render  those  so,  who  live  under  it. 

Resolved  that  Robert  Halton  and  Edmiind  Porter,  Esq'',  two  of  the 
members  of  this  House  wait  upon  his  Excell'',  the  Governour  and  ac- 
([uaint  liim  that  this  House  was  ready  to  wait  upon  him  with  their  Ad- 
dress; and  then  the  House  waited  upon  his  Excellency  accordingly. 

His  Excellency  was  thereupon  pleased  to  make  the  following  An- 
swer, Viz' 

Gentlemen 

I  am  veiw  much  obliged  to  you  for  this  kind  and  affectionate  Address, 
and  liope  that  by  our  joynt  endeavours,  the  peace  of  his  Majestys  Col- 


COLONIAL  RECORDS.  «3 


ony  will  be  firmly  established,  Its  Trade  and  Commerce  Enlarged,  &  a 
Constant  good  Harmony  always  snbsist  among  the  diiferent  Branches  of 
y°  Legislature. 

Then  the  House  adjournal  'till  tomorrow  morning  Ten  of  the  Clock. 

Tuesday  January  the  21" 

The  House  met  again. 

Present  The  honoble  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council. 

r  Nath'  Rice  Eleaz"  Allen    "] 

The  honoble  <^  Robert  Halton  Edw"  Moseley  V  Esq"   &e. 

(  Edm"  Porter  Roger  Moore    j 

A  Mes.sage  came  from  the  General  Assembly  to  his  Excell''  the  Gov- 
ernour  acquainting  him  that  they  were  ready  to  wait  on  him  with  their 
Address  in  Answer  to  his  Excellencys  Speech,  who  was  pleased  to  require 
their  attendance  in  the  Council  Chamber,  and  accordingly  the  General 
Assembly  waited  on  his  Excellency  with  their  Address,  which  was  read, 
whereupon  the  honoble  the  Council  desired  a  Copy  of  tlie  said  Address 
from  his  Excellency  to  be  entred  in  their  Journal,  wliicli  he  was  pleased 
to  grant,  &  is  as  follows  Viz' 

To  His  Excellency  Gabriel  Johnston  Esq''  Captain  General  Governour 
and  Commander  in  Chief  in  and  Over  his  Majestys  province  of  North 
Carolina  and  Vice  Admiral  of  the  same. 
The  humble  address  of  the  lower  House  of  Assembly  of  the  said  Prov- 
ince. 

We  his  Majestys  most  dutiful  and  hjyal  Subjects  memliers  of  the  lower 
House  of  Assembly  do  with  the  greatest  pleasure  embrace  this  first  oppor- 
timity  of  congratulating  your  Excellency's  safe  arrival  into  this  Province ; 
and  with  most  grateful  hearts  acknowledge  the  Royal  goodness  of  our 
Sovereign  shewn  unto  us  in  appointing  a  Gentleman  of  your  Excellencys 
Qualifications  and  Consummate  goodness  to  be  our  Governour ;  which 
has  effectually  delivered  us  from  a  State  of  Tyranny  and  Oppression. 

We  must  beg  leave  to  return  your  Excellency  Our  most  unfeigned 
thanks  for  your  kind  expressions  for  our  welfare  in  your  Speech  to  both 
Houses  at  the  opening  of  this  Session ;  and  for  the  particular  concern 
your  Excellency  expresses  at  the  disorders  and  Confusion  you  found  this 
poor  unhappy  Country  under;  which  nothing  but  the  happy  arrival  of 
your  Excellency,  could  remedy ;  for  when  his  Majestys  Council  and 
jiatent  Officers  were  by  violence  expelled  the  Country  and  Men  of  the 
UKJst  profligate  Characters  placed  in  their  Room ;  when  the  supream  and 
other  Courts  of  Judicature  were  in  great   measure  filleil  with   men  of 


84  COLONIAL  RECORDS. 


gross  ignorance  and  known  partialty,  what  but  misery  and  mine  could 
be  expected  from  such  a  corrupt  Administration  nor  are  those  dismal 
Consequences  barely  grounded  on  Reason  only  but  experience,  some  well 
meaning  lionest  persons  of  undoubted  good  Characters  being  obliged  to 
desert  tlieir  Habitations,  or  subject  themselves  to  be  prosecuted  as  Rioters, 
or  what  other  hard  and  injurious  Titles  those  profligate  Usurpers  were 
pleased  to  give  the  best  of  Actions  even  that  of  appearing  ready  to  defend 
the  Laws  of  their  Country,  and  supporting  his  Majesty's  Authority 
invested  in  his  Officers,  we  have  no  cause  to  doubt  of  your  Excellencys 
putting  a  particular  mark  of  distinction  on  such  persons  who  were  so 
ready  to  support  Arbitrary  and  unjust  Government  hitherto  unknown  to 
tJie  British  Constitution. 

We  return  your  Excellency  our  hearty  thanks  for  immediately  calling 
an  Assembly,  your  readiness  to  redress  publick  grievances,  your  abhor- 
rence of  the  late  vile  practices  and  the  Authors  of  them,  all  which  gives 
us  the  strongest  hopes  that  the  distracted  State  of  this  poor  Province  will 
by  happyly  settled  under  your  Excellency's  Administration. 

We  are  (may  it  please  your  Excellency)  very  ready  to  fall  into  any 
method  which  shall  be  proposed  towards  paying  Our  Quit  rents,  and  in  such 
a  manner  as  can  consist  with  the  Abilities  of  his  Majestys  poor  Tenants 
which  we  doubt  not  will  remove  all  Scandalous  reflections  cast  upon  the 
Assemblys  of  this  Province.  The  bad  state  of  our  Currency  is  in  a  great 
measure  owing  to  the  late  corrupt  Administration  who  neither  would  suf- 
fer the  annual  Collections  to  be  made  as  in  the  Act  was  directed,  nor  those 
vile  persons  who  Counterfeited  them  to  be  prosecuted ;  for  we  are  per- 
suaded had  the  Yearly  payments  to  each  respective  Treasurer  been  made, 
and  those  profligate  persons  punished  who  counterfeited  them,  there  would 
be  scarce  a  Sufficiency  to  answer  the  Contingent  charges  of  this  Govern- 
ment: we  are  very  ready  to  concurr  with  your  Excellency  and  his  Maj- 
esties Council  to  remedy  this  evil ;  as  also  to  give  such  ample  encourage- 
ment to  Navigation  and  raising  such  Manufactures  as  may  Open  a  Trade 
to  Great  Britain  and  some  other  of  the  British  Dominions. 

No  Laws  (May  it  please  your  Excellency)  can  be  made  effectual  in  any 
Country  to  suppress  Riots  when  the  Chief  Magistrate  is  the  principal 
Rioter;  but  that  objection  being  now  removed,  we  are  ready  to  pass  any 
Laws  that  sliall  be  Judged  necessary  to  put  a  stop  to  future  attempts  of 
tliat  Nature. 

Tiie  distracted  state  of  this  Government  will  not  allow  us  to  make 
provision  for  your  Excellency  suitable  to  your  Merit  and  dignity;  but 
we  hope  the  Assembly  of  Carolina  will  at  all  times  so  behave  themselves 
to  his  Majesty's  Governour  and  other  Officers,  and  Contribute  towards  their 


COLONIAL  RECORDS.  85 


honourable  support,  as  may  evidently  prove  that  they  have  nothing  more 
at  heart  than  the  Honour  and  dignity  of  the  Crown  &  the  happyness  of  the 
subjeet,  whose  interests  by  the  British  Constitution  are  so  insperably  eon- 
junet  that  any  Seperation  made  must  terminate  in  the  Ruin  of  both,  and 
shall  at  all  times  look  on  any  attempt  of  that  nature  made  (and  its 
Author)  with  the  utmost  abhorrence  and  Detestation. 

By  Order  of  the  House.  W.  DOWNING  Speaker. 

Then  the  House  Adjourned  till  three  of  the  Clock  in  the  afternoon. 

The  House  met  again  according  to  Adjournment. 
Present  the  Honoble  William  Smith  Presid'  of  his  Majesties  Council 
r  Nathaniel  Rice       Roger  Moore      "i 
Thehon6ble<  Edraond  Porter      CuUen  Pollock    >  Esq"  &c 
(  Eleazer  Allen  j 

Received  the  following  Message  fnjm  the  Lower  House  Viz' 

Tuesday  January  y°  2P' 
To  the  Honourable  the  Council  being  the  upper  House  of  Assembly  now 

Sitting. 

Ordered  that  M"'  James  Castelaw  M"^  William  Badham  M'  Samuel 
Swanu  M'  Maurice  Moore  M'  George  Turner  M''  George  Roberts  M' 
Stevens  Lee  M''  Samuel  Sinclair  M'  Gab:  Burnhani  and  M"  Arthur  Wil- 
liams to  be  a  Committee  to  Joyn  with  a  Committee  of  the  upper  House 
to  conferr  on  a  bill  entitnletl  an  Act  to  regulate  and  Ascertain  the  Pay- 
ment of  Quit  rents;  an  Act  for  Establishing  and  fixing  Circular  Courts 
in  this  Province;  and  an  Act  for  regulating  the  Currency. 

Sent  by  M'  Harrold 
&  W  Lee 

Ordered  that  a  Message  be  sent  to  the  upper  House     By  Order 

JOS.  ANDERSON  C'  Gen'  Assy 

To  which  this  House  sent  the  following  answer  Viz' 

M'  Speaker  and  Gentlemen, 

In  answer  to  your  Message  this  House  have  appointed  M'  Secretary 
Rice  Eleazer  Allen  and  Cullen  Pollock  Esq"^  a  Committee  on  the  affairs 
vou  mentioned,  to  Joyn  those  of  your  house,  who  are  ready  to  attend 
immediately.     By  Order  R.  FORSTER  C"  Up :  H : 

Then  the  House  adjourned  till  tonu)rrow  morning  at  Ten  of  the  Clock. 


86  COLONIAL  RECORDS. 


Wednesday  January  22* 
The  House  met  again. 

Present  The  honoble  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council 

(  Nathaniel  Rice     Edward  Moseley  ") 
The  honoble  <  Rob' Halton         Roger  Moore         V  Esq"  &c 
( Eleazer  Allen       Cullen  Pollock     ) 
Then  the  House  adjourned  till  tomorrow  morning  Ten  of  the  Clock. 

Thursday  January  23" 
The  House  met  according  to  Adjournment. 
Present  The  honorable  William  Smith  Presid'  of  his  Majesties  Council. 
(  Nathaniel  Rice     Edw*  Moseley    "j 
The  honoble  <  Robert  Halton      Roger  Moore       V  Esq"  &c 
(  Eleazer  Allen       Cullen  Pollock  j 
The  House  adjourned  till  tomori'ow  morning  Ten  of  the  Clock. 

Fryday  January  the  24'" 

The  house  met  according  to  adjournment. 

Present  The  honourable  William  Smith  Esq"  Presid'  of  his  Majesty's 

Council. 

rrii     1       -,  1    f  Robert  Halton         Roger  Moore     1   tt'    rs  p 
The  honoble  I  ^^^^^^^  j^^^^^j^^.      ^J,^,^  p^„^^.j.  |  Esq    &c 

Received  the  following  Message  from  the  lower  House  Viz'  Thursday 
January  23"' 

To   THE    HONOBLE    THE    UPPER    HoUSE    OF    ASSEMBLY. 

Ordered  That  M'  William  Badham  Doctor  Geoi-ge  Alley n  M' Charles 
Westbeir  M"^  Zebulon  Clayton  M"  John  Dawson  and  Captain  Arthur 
Mabson,  be  a  Committee  to  Joyn  a  Committee  of  the  Upper  House,  to 
Examine  into  the  publick  accounts  and  report  the  same  to  this  House. 

Sent  to  the  upper  House  for  concurrance. 
By  Col°  Bonner  By  Order 

M'  Tho=  Luteu  JOS  ANDERSON  C :  G :  A : 

To  which  this  House  sent  the  following  Answer  Viz' 

M"'  Speaker  &  Gentlem" 

This  House  have  appointed  Edmond  Porter  and  Eleazer  Allen  Esq", 
a  Committee  to  Joyn  tiie  Committee  by  you  appointed  to  examine  into 
y'  Publick  accounts.     By  Order 

R'  FORSTER  C":  Up:  H: 

Then  the  House  adjourned  till  tiiree  of  the  Clock  in  the  afternoon. 


COLONIAL  RECORDS.  87 


Then  the  House  met  according  to  ailjournmciit ;  And  adjourntd  'till 
tomorrow  morning  Ten  of  the  Clock. 

Present  The  honoble  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council. 

Til     u       1 1    r  Robert  Ilalton  Rotrer  Moore     \    ^^    „  p 

i he  honoble <  t^,,        ,  ^.r      ,         ^,  r,      r>  n     i    r  Esq    oic 
(  Edwartl  Moseley     Cullen  Pollock  J         '■ 

Saturday  January  26"' 
The  House  met  according  to  adjournment. 

Present  The  honoble  William  Smith  Esq'"  Presid'  of  his  Majesty's 
Council. 

rp,     ,      -1 1    f  Robert  Haltou         Roger  Moore      \   ^    „  o 
The  honoble  I  g^,^^,^,.^^  j^^^^j^^     ^J^^^  p^jj^^^  J-  Esq    &c 

Then  the  House  adjourned  till  Monday  Morning  Ten  of  the  Clock. 

Monday  January  y'  27""     The  House  met  according  to  adjournment. 
Present  The  honoble  William   Smith   Esq"  presid'  of  his  Majesty's 
Council 

{Nathaniel  Rice       Eleazer  Allen       ^ 
Robert  Halton       Edward  Moseley  V  Esq"  &c 
Edmond  Porter     Roger  Moore        J 
Received  the  following  message  from  the  lower  house  Viz'  Monday 
January  y"  27 

To  THE  Honoble  the  upper  house  of  Assembly  now  sitting, 
Whereas  it  is  found  necessary  during  the  sitting  of  this  Session,  that 
Messengers  be  sent  to  the  several  precinct  Treasurers,  Powder  Receivers 
&  others  concerned  with  publick  moneys.  It  is  therefore  Resolved  that 
the  sum  of  Sixty  pounds  be  drawn  out  of  the  publick  Treasury  to  defray 
the  Charges  of  such  Messages.  And  that  the  same  be  Lodged  in  y'  hands 
of  y°  Speaker,  he  accounting  at  the  end  of  this  Session,  how  &  in  what 
manner,  the  same  is  disposed  and  that  his  Excell^  be  desired  to  grant 
his  Warrant  to  the  publick  Treasurer  for  the  payment  thereof. 
Sent  to  the  upper  house  for  Concurrance 
By  D°'  Alleyn  By  Order 

"    M' Samuel  Swann.        "        JOS.  ANDERSON  C"  Gen  Ass : 

which  was  read  autl  concurred  with,  and  Sent  to  To   his  Excell^  by  M' 
Secretary  Rice  and  Edward  Moseley  Esq'     By  Order 

R'  FORSTER  0\  Up :  H  : 

To  which  his  Excellency  was  pleased  to  give  his  Assent. 

Ordered  that  the  same  be  sent  to  the  Lower  House. 

Then  the  house  adjourned  till  tomorrow  morning  Ten  of  the  Clock 


COLONIAL  RECORDS. 


Tuesday  January  28. 

Tlie  House  met  according  to  adjournment. 

Present  The  honourable  William  Smith  Esq'  President  of  His  Maj- 
esties Council. 

C  Robert  H»lton  Edward  Moseley  ~| 

The  Honoble-<  Edmond  Porter         Roger  Moore         >  Es(j''' &e 
(  Eleazer  Allen  Cullen  Pollock     j 

The  House  met  and  adjourned  till  tomorrow  morning  Ten  of  the 
Clo(;k. 

Wednesday  January  29""     The  house  hiet  according  to  Adjournment. 
Present  The  honoble  William   Smith   Esq'  Presid'  of  his  Majesty's 
Council. 

{Robert  Halton  Edward  Moseley ~| 

Edmond  Porter        Roger  Moore         >  Esq"  &c 
Eleazer  Allen  Cullen  Pollock     j 

The  House  met  according  to  adjournment. 

Read  a  Bill  from  the  Lower  House  for  Providing  his  Majesty  a  Rent 
Roll  for  securing  his  Majestys  Quit  rents;  For  the  Remission  of  the 
arrears  of  Quit  Rent;  For  quieting  the  Inhabitants  in  their  Possessions; 
and  for  the  better  settlement  of  iiis  Majesty's  province  of  North  Caro- 
lina; which  Bill  the  House  entred  into  the  Consideration  of.  And 
adjourned  till  tomorrow  morning  Nine  of  the  Clock. 

Thui-sday  January  30* 
The  House  met  according  to  adjournment. 

Present  the  honourable  William  Smith  Esq"  Presid'  of  his  Majesty's 
Council. 

I  Robert  Halton  Edward  Moseley  "j 

The  honoble  \  Edmond  Porter       Roger  Moore         vEsq^&c 
(  Eleazer  Allen  Cullen  Pollock     j 

The  house  met  and  adjourned  till  tomorrow  morning  at  Ten  of  the 
Clock 

Fryday  January  31".     The  Hi^iuse  met  according  to  adjournment. 
Present  The  honoural)lo  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council. 

{Robert  Halton       Edward  Moseley  ^ 
Edmond  Porter     Roger  Moore         VEsq^Ac. 
Eleazer  Allen         Cullen  Pollock    ) 
The  Bill  for  providing  his  Majestys  rent  Roll  &c.  was  this  day  read 
in  the  upper  house,  and  passed  the  first  time  with  amendments. 

Read  a  Bill  for  an  Act  for  repealing  a  Clause  in  an  Act  Intituled  an 
Act  relating  to  Biennial  and  other  Assemblys,  which  empowers  tlreemen 


COLONIAL  RPX'ORDS.  89 


of  the  several  precincts  to  vote  for  members  of  Assembly,  and  declaring; 
what  persons  shall  be  qnalified  to  Vote  for  Members  to  sit  in  General 
Assembly,  and  also  the  (iualificati(jn  of  Members  for  the  fnture,  the  first 
time  and  passed  with  amendments. 

Read  a  Bill  for  an  Act  to  establish  that  part  which  was  formerly  of 
Bertie  precinct  lying  on  the  South  side  of  Roanoke  River  by  the  Name 
of  Edgecombe  precinct  the  first  time  and  passed  with  amendments. 

Read  a  Bill  for  an  Act  for  appropriating  the  Powder  money  towards 
fortifying  and  beaconing  &  Buoying  ont  the  several  ports  or  Channels 
of  this  province  and  for  imploying  of  pilots,  in  the  upper  House  the 
first  time  &  passed. 

Saturday  February  the  1"  The  Jiouse  met  according  to  adjournment 
and  then  adjourned  till  Monday  morning  at  Ten  of  the  Clock. 

Monday  February  the  3"^     The  House  met  again. 
Present  The  honourable  William  Smith  Esq'  Presid'  of  his  Majastys 
Council. 

{Robert  Halton        Edward  Moseley  ] 
Edmond  Porter      Roger  Moore         >  Es(j"  &c. 
Eleazer  Allen  Cullen  Pollock     j 

The  House  adjourned  till  tomorrow  morning  Ten  of  the  Clock. 

Tuesday  February  4"" 

The  House  met  according  to  adjournment. 

Present  The  Honourable  William  Smith  Presid'  of  his  Majestv's  Coun- 
cil. 

{Robert  Halton         Edward  Moseley ^ 
Edmond  Porter       Roger  Moore         >  Esq"  &c 
Eleazer  Allen  Cullen  Pollock     j 

This  day  was  read  in  the  House  the  Second  time  the  Bill  for  estab- 
lishing that  part  which  was  formerly  of  Bertie  precinct  on  the  South 
side  of  Roanoke  River,  a  precinct  of  the  name  of  Edgecombe  precinct, 
&  passed  with  amendments 

Read  in  the  House  a  Bill  for  an  Act  for  Repealing  a  Clause  in  an  Act 
relating  to  Biennial  and  other  Assemblys  which  impowers  freemen  of 
the  several  precincts  to  Vote  for  Members  of  Assembly  and  declaring 
what  persons  shall  be  qualifyed  to  Vote  for  members  to  sit  in  General 
Assembly ;  and  also  the  Qualification  of  members,  the  second  time  and 
passed  w""  amendments. 

Read  in  the  Upper  house  a  Bill  for  appropriating  the  Powder  monev 
the  second  time  and  passed  with  amendments. 


12 


90  COLONIAL  RECORDS. 


Read  in  the  Upper  house  a  Bill  to  Establish  and  confirm  the  precincts 
of  Onslow  and  Bladen  the  first  time  and  passed. 

Received  from  the  Lower  house  the  quit  rent  Bill,  and  the  House 
entred  into  the  Consideration  thereof,  and  then  adjourned  till  tomorrow 
morning  at  Ten  of  the  Clock. 

Wednesday  February  the  S"" 

The  House  met  again. 

Present  The  honourable  William  Smith  Esq"  Presid'  of  his  Majesty's 

Council. 

„,     ,       -,  ,    f  Robert  Halton  Eleazer  Allen  1  -r-.    „  n 

The  honoble  -^  t,^  ,         i  tj    +  tj  at  /  ^^q    <^^'- 

1^  Ednjond  Porter  Roger  Moore  J       ^ 

This  day  was  read  in  tiie  Upper  House  a  second  time  the  Bill  for  pro- 
viding his  Majesty  a  Rent  Roll  for  securing  his  Majestys  Quit  Rents; 
for  the  remission  of  the  arrears  of  Quit  rents;  for  Quieting  the  inhabi- 
tants in  their  Possessions ;  and  for  the  better  settlement  of  his  Majestys 
Province  of  North  Carolina;  and  passed  with  amendments. 

Then  the  House  adjourned  till  Tomorrow  morning  at  Ten  of  the 
Clock. 

Thursday  February  the  tS'" 
The  house  met  again. 

Present  The  honoble  William  Smith  Esq"  presid'  of  his  Majestys 
Council. 

(  Robert  Halton  lidward  Moseley  ^ 

Tiie  honoble <  Edniond  Porter       Roger  Moore         vEsq'^  &c. 
(  Eleazer  Allen  Cullen  Pollock     j 

Read  this  day  a  Bill  sent  from  the  Lower  House  for  regulating  the 
present  Currency  of  this  Province,  the  first  time  and  passed  with  amend- 
ments. 

Then  the  House  adjourned  til!  tomorrow  morning  at  Nine  of  the 
Clock. 

Fryday  February  tiie  7'\ 

The  House  met  again. 

Present  the  honoble  William  Smith    Esq"'    presid'  of   his   Majesty's 

Council. 

i  Robert  Haltou  Edward  Moseley  'J 

Edmond  Porter         Roger  Moore         >  Esq"  &c 
Eleazer  Allen  Cullen  Pollock     J 

Read  a  Message  from  the  Lower  house  relating  to  M'  Stephen  Goidde, 
late  powder  Receiver  of  port  Bath  which  is  ordered  to  lye  on  the  Table 
for  further  Consideration. 

Then  the  house  adjourned  till  tomorrow  morning  Ten  of  the  Clock. 


COLONIAL  RECORDS.  91 


Saturday  February  the  8"". 
The  liouse  met  according  to  adjouniiucnt. 

Present  The  honohle  William  Smith  E«i"  Presid'  of  his  Majesties 
Council. 

(  Robert  Halton  Edward  Moseley") 

The  honoljle     Edmond  Porter       Roger  Moore         >  Esq"  Ac 
(  Eleazer  Allen  Cullen  Pollock     j 

Read  a  Message  from  the  Lower  house  appointing  Col°  Henry 
Bonner  M"'  Charles  Denman  M'  Arthur  Williams  M'  Robert  Turner 
and  M"'  Samuel  Swann  junior  a  C\)mmittee  to  examine  into  and  Settle 
the  Account  of  Claims  due  from  tiie  publick,  wiiich  is  ordered  to  Ive  on 
the  Table  for  further  Consideration. 

Then  the  House  adjourned  till  Monday  morning  Ten  of  the  Clock. 

Monday  February  10"" 

The  House  met  again. 

Present  The  honoble   William   Smith   Esq'  presid^  of  his  Majestys 

Council. 

rpi     1       -1 1    f  Robert  Halton     Edward  Moseley  1  -t'    rK  o 
The  honoble  |  ^^^^^^^  ^„^,^       ^^^^^,  ^^^^^^     ^  |  Esq-  &c 

This  day  was  read  again  the  Message  from  the  Lower  house  on  Fry- 
day  last  relating  to  M'  Stephen  Goulde  late  powder  Receiver  of  Port 
Bath;  as  also  a  Message  from  that  House  Appointing  a  C'ommittee  to 
examine  into  and  settle  the  Account  of  Claims  due  from  the  publiek;  to 
which  this  House  returned  the  following  Answer,  Viz* 

In  the  LTpper  House  ifebruary  the  lO*  1734.  [1735] 

M'  Speaker  and  Gent' 

In  Answer  to  your  Message  on  Fryday  last  relating  to  M'  Goulde, 
We  are  of  opinion  that  that  affair  be  laid  before  his  Majesty's  Attorney 
General  to  know  how  farr  M'  Burrington  is  lyable  for  the  loss  of  the 
money  received  by  M''  Goulde,  we  shall  therefore  consult  him  upon  it 
and  send  you  down  his  Opinion  thereon.  And  pursuant  to  your  resolve 
of  Saturday  last  of  a  Committee  of  your  house  on  Claims,  we  have 
Appointed  the  Chief  Justice  and  Eleazer  Allen  Esq' a  Committee  of  Our 
house  to  joyn  that  of  yours.  Signed  W"  SMITH. 

Then  the  House  adjourned  till  tomorrow  morning  at  ten  of  the  Clock. 

Tuesday  February  11"' 

The  House  met  again. 

Present  The  honoble  William  Smith  Esq'  President  of  his  Majesty's 

Council. 

rp,     ,      -1  1    f  Robert  Halton     Edward  Moselev  1  t^    „  p 
Ilie  lionoble<  j-,,  .  ,,  d  at  •    ;■  Esq"  tve 

\  Eleazer  Allen       Roger  Moore        j       ^ 


92  COLONIAL  RECORDS. 


Read  from  the  Lower  House  the  following  Resolve  Viz' 

To  THE  Honourable  the  upper  House, 

In  the  Lower  House  Tuesday  ffebruary  the  11'"  1734.  [1735] 

Resolved  that  the  sum  of  Twenty  pounds  be  paid  out  of  the  Pnhlick 
Treasury  unto  tlie  Reverend  M'  John  Garsia,  for  performing  divine  Ser- 
vice and  Preaching  a  Sermon  before  his  Excellency  y°  Governonr  Coun- 
cil and  Assembly  Sunday  last;  and  that  His  Excellency  be  desired  to 
issue  his  Warrant  for  payment  thereof. 

Sent  to  the  Upper  House  for  Concurrance  by  M'  Turner 

M'  Roberts. 

Which  was  concurred  with. 

By  Order         JOS.  ANDERSON  C"  Gen'  Ass  : 

Received  from  the  Lower  House  and  Read  the  Bill  for  providing  his 
Majesty  a  Rent  Roll  for  securing  his  Majestys  Quit  rents;  for  the  Remis- 
sion of  the  Arrears  of  Quit  rents;  for  quieting  the  Inhabitants  in  their 
Possessions ;  and  for  the  better  settlement  of  his  Majestys  Province  of 
North  Carolina  the  third  time  and  rejected;  as  also  a  Message  relating 
thereto, 

Resolved  That  M'  Chief  Justice  and  Col"  Halton  draw  up  answer  to 
the  said  Message  and  lay  the  same  before  this  House, 

M'  Chief  Justice  and  Col°  Halton  Reported  to  the  House  an  Answer 
to  the  Message  from  the  Lower  House,  sent  \\ith  the  Quit  rent  Bill, 
which  was  read  and  referred  for  the  further  Consideration  of  this  House 
till  tomorrow  morning. 

Then  the  House  Adjourned  till  tomorrow  moruiug  Ten  of  the  Clock. 

Wednesday  February  12"" 

The  House  met  again. 

Present  The  Honoble  William  Smith   Esq"  Presid'  of  his  Majesty's 

Council. 

rry,     .       -,i    J  Edmoiu]  Portcr     Edw'' Moseley  \  ^^ ,  „  ^ 
\  Eleazer  Allen        Roger  Moore    j    ''" 

Read  in  the  Upper  house  the  Second  time  a  Bill  to  confirm  and  Estab- 
lish the  Precincts  of  Onslow  and  Bladen  &  passed 

Read  a  Bill  for  an  Act  to  establish  that  part  which  was  formerly  of 
Bertie  precinct  lying  on  the  South  side  of  Roanoke  a  precinct  by  the 
name  of  Edgecombe  the  third  time  and  rejected. 

Read  in  the  Upper  House  a  Bill  for  Establishing  the  Nortli  East 
Parish  of  Pasquotank  into  a  New  precinct  the  first  time  and  passed  with 
amendments. 


COLONIAL  RECORDS.  93 


Upon  reading  the  Preamble  of  the  Bill  for  Qualification  of  Members 
of  Assembly  &c  this  House  sent  tlio  folhnving  Message  to  the  Lower 
House,  Viz' 

M'  Speaker  and  Genti,emkn 

On  reading  the  Bill  for  Qualification  of  Members  of  Assembly  &c 
We  find  tile  preamble  not  so  fully  explained  as  we  think  it  ought  We 
have  therefore  made  some  Alteration  in  it,  which  we  send  down  for  your 
Approbation,  before  we  add  it  to  the  Bill,  this  being  the  last  Reading 

Adjourned  till  three  of  the  Clock  in  the  Afternoon. 

Present  The  honourable  William  Smith  Esq"  Presid'  of  his  Majesty's 
Council. 

(  Nath'  Rice  Edward  Moseley  ~| 

The  hon6bIe<  Edmond  Porter     Roger  Moore         VEsq^&c 
(  Eleazer  Allen  j 

This  day  was  again  Read  the  Report  of  M'  Chief  Justice  and  Col° 
Halton  in  Answer  to  the  Message  from  the  Lower  House  relating  to  the 
Quit  Rent  Bill  which  was  approved  of  and  is  as  follows  Viz' 

M'  Speaker  and  Gentlemen  of  the  Assembly 

We  are  sorry  to  find  you  have,  after  this  your  last  reading,  sent  up  the 
Bill  for  payment  of  his  Majesty's  Quit  Rents  so  clogg'd,  that  we  are  under 
a  Necessity  of  rejecting  it;  If  you  thought  the  places  of  payment  as 
they  stand  in  our  amendment  too  few,  you  had  it  in  your  power  to  have 
made  it  as  easy  to  the  people  as  you  pleased,  provided  you  had  not  done  it 
at  the  Kings  Expence;  and  in  this  the  people  in  Virginia,  whom  you 
quote  as  a  precedent  have  Chaulk'd  out  the  way  for  you.  We  grant  you 
that  an  allowance  is  made  to  the  people  in  that  province  paying  inspected 
Tobacco  some  Thirty  and  none  under  Ten  p"'  Cent  according  to  the 
remoteness  of  their  Scituation ;  but  then  Gentlemen,  it  had  been  but  fair 
to  have  taken  notice  that  all  these  allowances  are  made  up  by  every 
Assembly  to  the  Receiver  General,  who  receives  the  Crown  rents  (as  is 
most  just)  entire  and  Compleat.  If  you  had  taken  any  such  method  as 
this  to  ease  the  people,  we  should  have  complyed  with  great  chearfuluess ; 
but  to  prescribe  to  his  Majesty  such  a  manner  of  Collecting  his  just 
rents,  as  by  the  most  modest  computation  will  oblige  him  to  spend  one 
half  in  recovering  the  Other,  is  in  Our  opinion  neither  better  noi'  worse 
than  making  an  Act  to  oblige  his  Majesty  to  take  but  One  half  of  his 
Quit  rents:  and  whatever  hopes  you  may  have  conceived  of  what  his 
Majesty  expects,  we  are  well  assured  that  he  does  expect,  and  has  a  Right 
to  have,  his  Quit  rents  paid  uett  into  the  Receiver  General's  hands  ;  and 


94  COLONIAL  RECORDS. 


as  his  Majesty  purchased  the  Soil  for  a  Valuable  Consideration,  and  by 
an  Act  of  Parliament,  we  are  confident  nothing  less  will  ever  be  accepted 
of 

As  to  what  you  mention  about  the  antient  Laws  and  Usage  of  this 
Country,  we  can  not  pay  any  great  regard  to  it,  unless  you  will  be  pleased 
to  shew  us  any  of  them,  which  makes  for  your  purpose,  confirmed  by  an 
Authentick  deed,  under  the  hands  and  Seals  of  the  Ijords  proprietors. 
For  the  Assemblys  in  former  times  who  were  tiieir  Lordships  tenants  to 
enact  that  the  rents  should  be  paid  in  such  a  manner  and  in  such  Comod- 
itys  as  they  thought  proper,  without  ever  obtaining  their  Lordships 
consent  since  in  Our  Judgment,  y°  same  thing  as  a  debtor,  telling  his 
Creditor,  he  will  only  pay  him  as  he  pleases,  without  any  regard  to  their 
Contract :  such  reasoning  as  this  we  are  sure  will  never  be  allowed  by 
his  Majestys  Ministers  at  home,  &  it  would,  we  think,  be  triffling  with 
them,  and  with  the  people  of  the  province  too,  for  us  to  allow  it,  it  being 
certain  that  his  Majesty  can  recover,  his  Quit  rents,  without  either  ask- 
ing your  consent  or  Ours. 

If  you  please  to  consult  your  own  records  of  the  Assembly  wiiich  met 
in  July  1712  while  the  Indian  Warr  was  raging  in  the  Country,  you 
will  find  in  a  letter  from  the  Lords  proprietors,  they  demand  that,  con- 
sidering the  smalluess  of  their  reserved  Rents,  they  should  be  paid  in 
the  finest  Silver.  If  their  Lordships  expected  this  from  the  Country 
when  it  was  in  the  most  melancholy  calamitous  circumstances,  sure  his 
Majesty,  afler  so  many  years  peace  and  tranquility,  may  very  justly 
expect  the  same. 

And  here  we  cannot  but  take  notice  of  an  assertion  that  has  been  made 
in  your  iiouse  during  the  late  Administration,  that  as  the  Laws  now  stand, 
the  Quit  rents  are  payable  in  Province  Bills  without  any  discount;  if 
you  will  only  let  us  know  when  the  proprietors  ever  accepted  of  this  (we 
are  sure  by  the  Nature  of  the  thing  it  must  be  null  &  void  without  their 
Acceptance)  we  will  yield  all  the  other  points  in  dispute ;  one  thing  we 
are  certain  of  that  in  the  year  1717  The  Assembly,  as  appears  by  the 
Records  page  (142)  disclaimed  in  the  most  Solemn  manner  all  attempts 
of  this  Nature,  what  illegal  concessions  and  unjustifiable  Steps  may  have 
been  made  a  few  years  before  the  purchase  of  the  Crown  took  place  by 
the  Lords  proprietors  Councillors  and  Officers  we  dont  at  all  regard  ;  it 
is  enough  to  us  that  they  were  never  confirmed  by  their  Lordships,  and 
(consequently  not  binding  on  the  Crown,  which  now  stands  in  their  place. 

Because  they  betrayed  the  interest  of  their  Masters,  it  does  not  follow 
that,  we  must  give  up  the  just  right  of  his  most  gracious  Majesty,  on 
the  Contrary  we  shall  always  Endeavour  to  the  utmost  of  Our  power,  to 


COLONIAL  RECORDS.  9.5 


detect  their  nuineroii.s  frauds,  by  wliicli  they  may  have  unjustly  cnricherl 
themselves  and  tlieir  relations,  injured  liis  Majesty's  Revenue,  and  plun- 
dered their  fellow  Subjects. 

Resolved  that  a  Copy  thereof  be  sent  down  to  the  Lower  House, 
Adjourned  till  tomorrow  morninjj;  Ten  of  the  Clock. 

Thursday  February  IJi""     The  House  met  again. 
Present  The  honourable  William  Smith  Esq"'  presid'  of  his  Majesty's 
Council. 

(  Robert  Haltoii         Edward  Moseley  "| 
The  hon6ble<;  Edmond  Porter      Roger  Moore         >Esq"  &c 
(  Eleazer  Allen  j 

Read  in  the  Upper  House  the  Bill  for  Regulating  the  present  Currency 
of  this  province  the  second  time  and  passed  with  amendments. 

Read  a  Bill  for  laying  out  making  altering  and  keeping  in  repair  the 
several  Roads  and  highways  with  the  several  precincts  of  the  County  of 
Bath  for  building  Bridges  cleansing  and  keeping  clean  the  several  Rivers 
and  Creeks  within  the  same  the  first  time  and  passed 

Fryday  Febi-uary  14'" 

The  house  met  again  and  adjourned  till  tomorrow  morning  Ten  of  the 
Clock. 

Saturday  tfebrnary  tiie  lo"' 

The  house  met  again  and  adjourned  till  Monday  Morning  at  Ten  of 
the  Clock 

Monday  February  17"' 

The  house  met  again  tt  adjourned  till  Tomorrow  morning  at  Ten  of 
the  Clock. 

Tuesday  February  1<S"' 
The  House  met  according  to  adjournment. 

Present  the  honoble  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council. 

(  Nath'  Rice  Edward  Moselev 


The  honoble  {  Robert  Halton     Cullen  Pollock      VEsq'^  &c 
i  Eleazer  Allen  j 

Read  a  Bill  for  laying  out,  making  altering  and  keeping  in  repair,  the 
several  roads  and  highways  within  the  several  precincts  of  the  Countv 
of  Bath,  for  building  bridges,  cleansing  and  keeping  clean  the  several 
Rivers  and  Creeks  within  the  same,  the  second  time  and  passed  with 
amendments. 

The  house  adjourned  till  tomorrow  morning  Ten  of  the  Clock. 


96  COLONIAL  RECORDS. 


Wednesday  February  lO"" 

The  house  met  according  to  adjournment. 

Present  The  honoble  William  .Smith   Esq"'  Presid'  of  his   Majesty's 

Council. 

f  Nath'  Rice  M.  Rowan 


n^,     ,       .,  ,      ]   Robert  Halton       Edward  Moseley   i    17    rs  ii 
Ihe  honoble  ^    -ri  1         1  t>    4.        ri  n      tj  11     1  "        JciSq    &c 
I    Edmond  Porter     Ciillen  Pollock       [        ^ 

[  Eleazer  Allen  J 

Read  a  Bill  for  an  Additional  Act  to  the  Act  concerning  Roads  and 
Ferrys  the  first  time  and  passed  with  amendments. 

Read  a  Bill  for  establishing  the  North  East  parish  of  Pasquotank  in 
a  precinct  by  the  name  of  and  passed. 

Read  a  Bill  for  an  Act  to  confirm  and  Establish  the  precincts  of  Ons- 
low and  Bladen  and  for  ajipointing  them  distinct  Parishes  the  third 
time  and  passed.     Ordered  that  the  same  be  Engrossed 

Read  a  Bill  for  granting  to  his  Majesty  the  sum  of  £10,000.0.0  for 
the  service  of  the  publick  of  this  province;  and  for  laying  a  Tax  on  the 
Inhabitants  of  the  same,  for  the  payment  thereof;  &  for  stamping  the 
Slim  of  £10000  Bills  of  Credit  for  the  more  immediate  discharge  of 
part  thereof,  the  first  time;  &  passed  with  amendments:  and  Resolved 
that  the  following  Message  be  sent  down  with  the  said  Bill,  Viz', 

M''  Speaker  and  Gentlemen, 

On  reading  tlie  Bill  for  making  Ten  thousand  Pounds  &c  sent  us  this 
morning,  we  have  thought  proper  to  make  some  amendments  thereto 
which  you  will  find  upon  leading  do  not  alter  the  nature  or  any  Essen- 
tial part  of  the  Bill. 

The  preamble  as  we  iiave  made  it  is  matter  of  form  only  but  such  as 
is  Constantly  used  in  Bills  of  this  kind  in  the  Kingdom  of  Great  Britain 
and  Ireland  and  most  of  his  Majesty's  plantations  in  America  whicli  is 
the  reason  for  Our  inserting  it  instead  of  yours  all  which  we  hope  you 
will  agree  to  NATH'  RICE. 

Upper  house  ffeb  1 9'" 

Read  a  Bill  from  the  lower  iiouse  for  an  Act  to  ascertain  the  allowance 
of  his  Majesty's  Council  and  tiie  Members  of  Assembly  of  this  Prov- 
ince the  first  time  and  passed  with  amendments. 

Received  from  the  lower  House  a  Message  desiring  that  Edward 
Moseley  and  Cullen  Pollock  Esq"  be  joyned  with  the  Speaker  of  their 
House  to  examine  the  Bills  to  be  paid  in  from  the  persons  having  pub- 
lick  Moneys  in  their  hand  which  was  concurred  with 

Then  the  house  adjourned  till  tomorrow  morning  at  Nine  of  the  Clock. 


COLONIAL  RECORDS.  97 


Tliursday  February  20""  Present  tlie  lionoble  William  Smitji  Esq' 
Presid'  of  his  Majesty's  Council 

C  Nath'  Rice  Math  :  Rowan    "j 

rp,     ,       -,  I        Rol)ert  Halton     Edw''  Moseley        .,    „  „ 
ihehouobie  •    i^ ,    ^  u     i.  n   n       tj  ii     i     ,  Ls{|     <fcc 

Edm"  Porter        CuUen  Pollock    (        ^ 

1^  Eleazer  Allen  J 

Read  a  Bill  from  the  I^ower  House  for  an  Act  for  laying  a  duty  on 
Liquors  for  and  towards  defraying  the  contingent  charges  of  Govern- 
ment and  to  make  a  poll  tax  on  the  poorer  Inhabitants  the  more  Easy, 
the  first  time  and  passed  with  amendments. 

Read  a  Bill  from  the  lower  house  Entituled  an  Additional  Act  to  an 
Act  for  destroying  of  Squirrels  the  first  time  and  passed  with  amend- 
ments. 

Read  a  Bill  from  the  lower  house  Entituled  a  Bill  for  reviving  an  Act 
Entituled  an  Additional  Act  to  the  Act  for  the  Tryal  of  Small  and 
Mean  causes  the  first  time  and  passed  with  amendments. 

Received  a  Message  from  the  Lower  House,  Viz' 

ffebruary  20'"  1734.  [1735] 

To    THE    HONOURABLE    THE    TJPPER    HOUSE. 

Upon  reading  the  Currency  Bill  in  this  House,  we  perceive  that  the 
Commissioners  therein  mentioned,  are  to  give  Security  in  the  sum  of  Ten 
thousand  pounds;  We  are  of  Opinion  they  ought  to  give  Security  for 
double  tiie  sums  they  are  entrusted  with,  which  will  be  Twenty  thousand 
pounds  each.  We  desire  to  know  whether  you  will  concurr  with  us  in 
making  that  alteration  in  tiie  Bill     By  Order 

JOS :  ANDERSON  C"  Gen'  A- 

which  was  read  &  Concurred  with. 
Sent  by  M'  Wynns,  M'  Dawson 

Read  a  Bill  for  an  Act  to  enable  the  Chief  Justice  or  other  Judges 
of  the  General  Court  to  Try  Issues  in  Civil  Causes  by  Writ  of  Nisi 
Prius  in  the  County  of  Bath,  the  first  time  and  passed. 

Read  a  Bill  for  an  Act  to  ascertain  the  allowance  of  his  Majesty's 
Council  and  the  Members  of  Assembly  of  this  Province  the  second  time 
and  passed  with  amendments. 

On  reading  the  Bill  for  Regulating  Elections  the  third  time  the  fol- 
lowing Message  was  sent  down  to  the  lower  House  Viz' 

M'  Speaker  and  Gentlemen, 

On  reading  the  Election  BilJ  a  third  time  in  Order  for  Engrossing, 
we  still  find  some  amendments  Necessary,  which  mav  have  slipped  the 
13 


98  COLONIAL  EECORDS. 


notice  of  both  Houses.  We  think  every  freeholder,  entituled  to  Vote 
for  a  Member,  should  be  possessed  with  such  fiPreehold  at  least  three 
months  before  he  Offers  to  give  his  Vote;  and  that  the  words  bona  fide 
siiould  be  inserted  in  that  Clause;  aud  this  is  in  Order  to  prevent  any 
fraudulent  Conveyances,  sometimes  calculated  for  these  purposes  only, 
which  if  you  consent  to,  we  will  amend  the  Bill,  &  send  it  to  your  house 
immediately.     By  order  W.  SMITH  Presid' 

Read  a  Bill  for  laying  out,  making  altering  and  keeping  in  Repair 
the  several  Roads  and  highways  within  the  several  precincts  of  the 
County  of  Bath  ;  for  Building  Bridges,  cleansing  and  keeping  Clean  the 
several  Rivers  &  Creeks  within  the  same,  the  third  time  and  passed. 

Ordered  that  the  same  be  engrossed. 

Read  a  Bill  for  an  Act  for  Repealing  a  Clause  in  an  Act,  Entituled 
an  Act,  Relating  to  Biennial  and  Other  Assemblys,  which  impowers 
ffreemen  of  the  several  precincts  to  Vote  for  Members  of  Assembly,  and 
declaring  what  persons  shall  be  Qualified  to  Vote  for  Members  to  sit  in 
General  Assembly;  and  Also  the  Qualification  of  Members  for  the 
future,  the  third  time  and  passed.     Ordered  that  the  same  be  Engrossed. 

Read  a  Bill  for  an  Act  api)ointing  the  North  East  Parish  of  Pasquo- 
tank into  a  distinct  precinct  by  the  Name  of  Johnston  precinct  the  third 
time  and  passed.     Ordered  that  tiie  same  be  engrossed 

Read  a  Bill  for  an  Additional  Act  to  the  Act  concerning  Roads  and 
Ferrys  a  second  time  and  passed  witii  amendments. 

Then  the  house  adjourne<l  till  tomorrow  morning  at  Nine  of  the 
Clock. 

Fryday    Februai-y   21"'      The  house  met  according  to  adjournment. 

Present   The    honourable    W.    Smith    Esq'    presid'    of   his    Majesty's 

Council. 

r  Nath'  Rice  Mathew  Rowan     ^ 

rr.1     I       -11         Robert  Halton       Edward  Moselev    I    t^    rs  i- 
ihe  honoble  ■[    -c'l  i  u    ^        n  n       tj  n     i  "      "  Esq"  (Kc 

Edmond  Porter    Cullen  Pollock  ^ 

I  Eleazer  Allen  J 

Read  a  Bill  for  Stamping  and  Exchanging  the  present  Bills  of  Cur- 
rency of  this  Province  and  for  the  better  explaining  an  Act  of  the  Gen- 
eral A.ssembly  passed  the  27'"  day  of  November  1729  Entituled  an  Act 
for  making  and  Emitting  the  sum  of  ffourty  thousand  pounds  Publick 
Bills  of  Credit  of  North  Carolina  the  third  time  and  passed.  Ordered 
that  the  same  be  Engrossed. 

Read  a  Bill  for  an  Act  for  laying  a  duty  on  Liquors  for  and  towards 
the  defraying  the  Contingent  Charges  of  Government;  and  to  make  a 
poll  tax  on  the  poorer  Inhabitants  more  Easy,  a  Second  time,  and  passed 
with  amendments. 


COLONIAL  RECORDS.  99 


Read  a  Bill  for  an  Act  for  reviving  an  Act  Entituled  an  Additional 
Act  to  the  Act  for  the  Tryal  uf  yniall  and  mean  Causes  a  Second  time 
and  passed 

Read  a  Bill  for  an  Additit)nal  Act  to  an  Act  for  destroying  Squirrels 
a  second  time  and  passed  with  amendments. 

Resolved  that  the  following  message  be  sent  down  to  tiie  lower  House 
Viz' 

M'  Speaker  and  Genteem" 

The  report  of  the  Committee  of  Publick  Accounts  being  before  this 
House,  we  desire  the  publick  Treasurers  Accounts  may  be  laid  before  us. 
By  Order  W.  SMITH  Presid' 

On  reading  the  Bill  for  ascertaining  the  allowance  of  the  Council  and 
Assembly  the  third  time,  the  following  message  was  agreed  on  to  be 
sent  down  to  the  lower  House  Viz' 

M'  Speaker  and  Gentlem" 

On  reading  the  Bill  to  ascertain  the  allowance  of  the  Council  and 
Assembly  the  third  time,  we  find  you  have  altered  the  amendment  made 
by  this  House,  which  relates  to  Proclamation  Money,  and  Confined  it  as 
at  first  to  four  for  One  in  paper  Bills  of  this  Province,  which  amendment 
we  can  by  no  means  agree  to,  the  paper  bills  being  at  present  at  a 
much  greater  discount  than  you  have  Ascertained:  If  you  think  fit  to 
appoint  a  Committee  of  your  house  to  confer  with  y'  of  Ours  on  this 
Subject,  they  shall  meet  yours  as  soon  as  you  think  proper. 

By  Order  W.  SMITH  Presid' 

Resolved  that  Eleazer  Allen  and  Mathew  Rowan  Esq"  be  and  are 
hereby  appointed  a  Committee  to  confer  with  such  Members  as  shall  be 
apj)ointed  by  the  Lower  house  to  conferr  on  the  subject  matter  of  the 
Bill  for  Ascertaining  the  allowance  of  the  Council  and  Assembly 

Read  a  Bill  for  an  additional  Act  to  the  Act  concerning  Roads  and 
Ferrys  the  third  time  and  passed.     Ordered  that  the  same  be  engrossed. 

Then  the  House  Adjourned  till  tomorrow  morning  Nine  of  the  Clock. 

Saturday  February  22''  The  house  met  according  to  adjournment. 
Present  The  honourable  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council.  , 

(  Robert  Halton  Mathew  Rowan 

The  houol)le<;  Edmond  Porter         Edward  Moseley    ^Esq" 
(  Eleazer  Allen  Cullen  Pollock 


100  •  COLONIAL  RECORDS. 


Read  from  the  Lower  house  a  Message  desiring  this  house  to  appoint 
a  Committee  to  joyn  the  Committee  appointed  by  them  for  examining 
and  destroying  £446.9  Old  Bills  in  the  Hands  of  Colonel  Edward 
Moseley  Publick  Treasurer. 

Resolved  That  Cullen  Pollock  Esq"  be  joyned  with  the  Committee  of 
the  Lower  house  to  examine  and  destroy  the  said  Bills. 

Read  the  third  time  a  Bill  for  an  Act  for  reviving  an  Act  Entituled 
an  Additional  Act  to  the  Act  for  the  Tryal  of  small  and  mean  Causes 
and  passed.     Ordered  that  the  same  be  engrossed. 

Read  the  third  time  a  Bill  for  an  Act  to  ascertain  the  Allowance  of 
his  Majesty's  Council  and  the  Members  of  Assembly  of  this  Province, 
and  passed.     Ordered  that  the  same  be  Engrossed. 

Read  a  Bill  for  an  Act  to  enable  the  Chief  Justice  or  other  Judges  of 
the  General  Court  to  try  Issues  in  Civil  Causes  by  Writ  of  Nisi  Prius 
in  the  County  of  Bath  the  second  time  and  passed  with  amendments. 

Whereas  his  Excellency  the  Governour  was  pleased  to  lay  before  this 
House  a  report  of  the  Committee  of  both  houses  of  Assembly  of  South 
Carolina,  relating  to  the  boundaries  between  the  two  provinces,  occa- 
sioned by  his  Excellencys  Letter  to  the  Governour  of  South  Carolina  on 
that  Subject  which  report  was  read 

Resolved  that  Eleazer  Allen  and  Edward  Moseley  Esq"  are  hereby 
appointed  a  Committee  to  Answer  the  same. 

Read  a  Message  from  the  Lower  House  on  the  back  of  Captain  Tripps 
Petition  desiring  the  Concurrance  of  this  House  in  giving  the  said  Cap- 
tain Tripp  further  time  till  the  next  Biennial  Assembly  to  pay  the  Bal- 
lance  of  his  Account  Viz' the  sum  of  £149  Province  Bills,  in  regard  of 
the  said  Tripps  Publick  Service;  which  this  House  concurrs  with,  pro- 
vided the  said  Tripp  gives  Security  to  pay  the  same 

Then  the  house  adjourned  till  Monday  Morning  at  Ten  of  the  Clock. 

Monday  February  24""  Tiie  House  met  according  to  adjournment. 
Present  The  honourable  William  Smith  Esq'  Presid'  of  his  Majesty's 
Council. 

TVi     h     "11    i  1^°"^^^  Halton         Mathew  Rowan    1  t^,  ra  p 

I    Flpnypr    Allpii  F.rlwnril   A/Tncjplpv    l  1  ' 


Eleazer  Allen  Edward  Moseley 

Received  from  the  Lower  House  the  following  Message  Viz' 

Monday  February  24"'  17.'^4  [1735] 
To  THE  Honourable  the  Upper  House 

Whereas  the  Treasurers  of  the  several  precincts  by  a  Law  passed  in 
the  Year  1729  were  empowered  and  directed  to  Collect  a  Poll  Tax  of 
ffive  shillings  due  for  the  Year  1729,  also  a  Tax  of  three  shillings  ^ 


COLONIAL  RECORDS.  101 


Poll  amuially  till  the  next  Biennial  A.ssenibly ;  &  as  some  of  the  said 
Treasurers  have  not  aecouuted  for  any  of  the  said  Levys,  and  those  that 
have  accounted,  have  not  accounted  for  the  whole;  We  therefore  desire 
to  have  your  Opinion  whether  the  arrears  of  the  said  Taxes  should  not 
be  immediately  collected  and  Applyed  to  sinking  the  sum  of  Two  thou- 
sand Pounds  Old  Bills  passed  in  the  Year  1722  &  not  yet  exchanged 
and  destroyed.  By  Order 

JOS.  ANDERSON  C\  Gen'.  Assem. 
Sent  by  M'  Thomas  Luten,  M'  W"  Badham 

To  which  Message  this  House  sent  the  following  Answer  Vizt 

M'  Speaker  and  Gentlemen, 

In  answer  to  your  message  just  now  received,  we  are  of  Opinion  that 
the  Precinct  Treasurers  be  immediately  directed  to  collect  the  arrears  of 
Taxes  due  for  the  Year  1729,  and  the  following  year,  it  being  we  think, 
an  abuse  on  the  Publick,  that  that  law  has  not  been  complyed  with ;  we 
readily  consent  that  such  arrears,  when  collected  may  be  appropriated  as 
you  mentioned,  but  should  be  glad  to  know  a  particidar  state  of  that  mat- 
ter; as  how  much  has  been  accounted  for  &  paid  of  the  said  Tax,  and 
what  remains  on  Ballance.     By  Order 

R'  FORSTER  C"=  Upp:  House. 

Then  the  House  adjourned  till  tomorrow  morning  at  Ten  of  the  Clock. 

Tuesdav  February  25""     The  House  met  again.     Present  The  hono- 
l)le  William  Smith  Esq'  Presid'  of  his  Majesty's  Council. 
C  Robert  Halton       Edward  Moseley  ~| 
Tlie  honoble  <  Eleazer  Allen         Culleu  Pollock      >  Esq"  &c. 
{  Mat.  Rowan.  J 

Read  the  third  time  a  Bill  for  an  Act  for  laying  a  duty  on  Liquors 
for  and  towards  defraying  the  Contingent  Charges  of  Government,  and 
to  make  a  Poll  Tax  on  the  poorer  Inhabitants  the  more  Easy,  and  passed. 
Ordered  that  the  same  be  Engrossed. 

This  day  was  read  a  Message  from  the  \o\vev  House  which  was  receivetl 
last  Saturday,  Viz*  Saturday  tfeb.  22'"' 

To   THE    honoble   THE   UpPER   HoUSE, 

Whereas  there  was  an  Emission  of  £12000  Bills  of  Credit  passed  in 
the  Year  1722,  and  in  the  Year  1729  there  was  made  the  sum  of  Ten 
thousand  pounds  to  exchange  the  aforesaid  £12,000  supposing  £2,000 
of  the  said  £12000  to  be  Torn  lost  and  defaced,  but  now  it  appearing 
that  the  Powder  Receivers  and  others  concerned  with  the  Pul>lick  moneys 


102  COLONIAL  RECORDS. 


have  several  Sums  of  those  Bills  first  Emitted  in  Order  to  defray  their 
dues  to  the  Publick,  and  as  such  Bills  were  made  obsolete  in  the  Year 
1729,  we  desire  your  Opinion  whether  sunh  Bills  are  to  be  taken  in  dis- 
charge of  their  dues  by  the  Comittee  appointed  to  receive  the  same. 

By  Order  JOS:  ANDERSON  C"  Gen'  Ass: 

Sent  by  M'  Castelaw,  M'  Lee 

To  which  Message  this  House  sent  the  following  answer  Viz': 
M'  Speaker  and  Gentlem", 

In  answer  to  your  Message  relating  to  the  Old  Bills  we  are  of  Opinion 
that  as  those  old  Bills  were  declared  not  to  be  Current  by  an  Act  passed 
in  the  Year  1729,  they  ought  not  to  be  taken  in  discharge  of  any  pub- 
lick  dues  whatsoever;  but  that  all  persons  possessed  of  any  such  Bills, 
may  bring  them  into  the  General  Assembly  at  the  next  Biennial  with  a 
Claim,  and  that  they  ought  tt)  be  allowed. 

Present  Edmond  Porter  Esq' 

Received  the  following  Message  from  the  Lower  House  Viz' 

To    THE    HONOBLE    THE    UpPER    HOUSE 

Colonel  Moseley  producing  the  report  of  the  Publick  Accounts  to  this 
House,  and  prayed  that  the  same  be  further  examined ;  and  Observe 
that  as  a  publick  Treasurer  he  is  in  advance  for  the  publick  £394.0.7 
and  he  has  delivered  £446.4.6  which  was  destroyed;  he  also  charges  15 
■^  Cent  for  exchanging  the  same,  which  comes  to  £3.7.0  in  all  £843.12.1 ; 
and  as  precinct  Treasurer  is  Debtor  the  sum  of  £454.10.2;  so  that  on 
the  Ballance  of  both  His  Accounts,  there  is  due  to  him  £389.1.11  to 
Reimburse  him  that  sum :  Wherefore  it  is  ordered  that  it  be  placed  to 
the  Estimate  of  Publick  debts.  We  likewise  find  by  the  report  of  the 
Committee  that  the  Loan  money  is  burthened  with  15  ^  Cent  and  y" 
impost  with  12  ^  Cent  by  the  publick  Treasurers  accounts,  which 
charge  we  find  has  been  Customary,  if  your  House  shall  think  those 
Commissions  too  large,  we  are  ready  to  concurr  with  what  you  shall 
think  reasonable. 

In  the  Lower  House  ffeb:  24  1734  [1735].     By  Order 

JOS:  ANDERSON  C"  Gen>  Ass. 

Sent  by  Col"  Bonner,  Henderson  Luten. 

Which  was  read  in  the  Upper  house  &  Concurred  with  and  that  the 
same  be  placed  to  the  Estimate  of  the  Publick  Accounts.     By  Order 

R.  FORSTER  C"  Up:H: 

Read  a  Message  from  the  Lower  House  received  from  the  Lower 
House  the  22"''  Instant  which  was  Read  in  these  Words  Viz' 


COLONIAL  RECORDS.  103 


Feb.  22:  17.34  [1735] 
To  THE  Honorable  The  Upper  House 

This  House  is  of  Opinion  that  Ten  shillings  ^  diem  Current  Bill 
money,  the  arrearages  due  to  the  Members  of  the  Assembly  before  this 
Session,  is  not  sufficient  for  their  support ;  therefore  desire  your  honours 
Opinion  whether  it  may  be  enlarged  by  allowing  them  Twenty  shillings 
■^  Day  for  Services  in  former  Assemblys,  and  not  yet  paid,  and  being  so 
long  out  of  their  money.     By  Order 

JOS :  ANDERSON  C"  Gen'  A". 

Sent  by  M'  Denman,  M''  Skinner 

To  which  this  House  sent  the  following  Message  Viz' 

Upper  House  Fel/  25,  17-34  [1735] 
M'  Speaker  &  Gentlemen 

In  answer  to  your  Message  of  the  22'"'  Instant  relating  to  advancing 
the  Claims  of  the  former  Burgesses,  we  are  of  Opinion  that  no  more  be 
allowed  than  was  agreed  on  by  former  Assemblys,  that  is  Ten  Shillings 
f  Diem.     By  Order  R.  FORSTER  C"  U:  H: 

The  .several  petitions  which  his  Excellency  the  Governour  was  pleased 
to  recommend  to  the  Consideration  of  the  House  was  read,  and  on 
Debating  the  same  resolved  that  a  Bill  be  brouglit  in  to  secure  all  per- 
.sons  who  have  .seated  cultivated  &  improved  Lands  within  this  province. 

Thereupon  M'  Chief  Justice  Smith  brought  in  a  Bill  for  tiiat  purpose, 
which  was  Ordered  to  be  read,  and  accordingly  was  read  a  Bill  for  an 
Act  for  the  Security  of  persons,  who  have  seated  cultivated  and  improved 
Lands  in  this  Province,  the  first  time  and  passed. 

Adjourned  till  tomorrow  morning  at  nine  of  the  Clock. 

Wednesday  February  tiie  26"'     The  iiouse   met  again.     Present  The 
honoble  William  Smith  Esq''  Presid'  of  his  Majesty's  Council. 
(  Robert  Halton        Mathew  Rowan 

I  Eleazer  Allen         CuUen  Pollock 

Read  a  Second  time  a  Bill  for  an  Act  for  the  Security  of  Persons  who 

have  seated  Cultivated  &  improved  Lands  in  this  province  &  passed  with 

amendment.     Then  the  house  adjourned  till  nine  of  the  Clock  tomoiTow. 

Present  The  honourable  William  Smith  presid'  of  his  Majesty's  Council, 
r  Nath'  Rice  Eleazer  Allen       ] 

The  honoble  '  Robert  Halton       Matthew  Rowan  >  Esq"  tVrc 


Tiic  ln)nol)lo<'  Edraond  Porter     Edward  Moseley  >  Esq'' &c 


(  Edmond  Porter 


104  COLONIAL  RECORDS. 


Read  the  tliird  time  a  Bill  for  an  Act  for  the  Security  of  persons  who 
have  seated  Cultivated  and  improved  Lands  in  this  province  and  passed 
with  amendments. 

Received  from  the  Lower  House  a  Report  uf  the  Committee  appointed 
for  considering  and  examining  the  Claims  of  several  persons  on  the  pub- 
lick,  which  was  read,  &  resolved  that  the  house  take  the  same  into  Con- 
sideration tomorrow  Morning. 

Then  the  house  adjourned  till  tomorrow  morning  at  Nine  of  y°  Clock. 

Fryday  February  28""  The  House  met  according  to  adjouninient. 
Present    The   honoble    William    Smith    Esq'   Presid'  of  his  Majesty's 

Council. 

{Nath'  Rice  Mathew  Rowan     ^ 

Robert  Halton       Edward  Moseley    !     ^    ra  ^ . 
Edmond  Porter     CuUen  Pollock       |        '  ^ 
Eleazer  Allen  J 

This  House  according  to  their  Resolution  last  night  went  upon  the 
Consideration  of  the  report  of  the  Committee  of  Claims  from  y"  Lower 
house  and  agreed  to  send  the  following  Message  down  to  y'  house.  Viz' 

M'  Speaker  &  Gentlemen, 

Upon  perusing  the  List  of  Claims  passed  by  the  Committee,  we  find 
certain  Ai-tides  of  publick  Service  done  by  the  Provost  Marshal,  not 
comprized  therein,  in  the  whole  amounting  to  the  sum  of  £315. — . — ; 
we  also  find  certain  Articles  of  Publick  Service  done  by  the  Secretary  or 
Clerk  of  the  Council,  not  comprized  therein,  in  the  whole  amounting  to 
the  sum  of  £270.10. — ;  We  are  of  Opinion  that  in  the  Estimate  of 
the  Publick  C^harge,  those  sums  ought  to  be  added,  and  the  charge  of 
this  day  and  tomorrow  ought  also  to  be  included  in  the  charge  of  this 
present  Session  :  We  cannot  proceed  on  the  Bill  for  granting  to  his  Maj- 
esty the  sum  of  Ten  thousand  pounds  for  the  service  of  the  publick  of 
this  Province,  and  for  laying  a  Tax  on  the  Inhabitants  of  the  same  for  the 
payment  thereof;  until  we  have  the  Estimate  of  the  publick  Debt  to  be 
added  thereto,  If  your  House  will  send  up  the  Estimate  so  rectified, 
we  will  immediately  proceed  to  pass  the  same.      By  Order 

R.  FORSTER  C"  Up  House. 

Received  the  following  Message  from  y"  Lower  House  Viz' 

February  28'"  1734.   [1735] 

To  THE  HONOBI.E  THE  UpPER  HoUSE. 

In  complyance  to  your  message  we  have  sent  an  Estimate  of  the  Charge 
of  this  Session  including  tomorrow,  but  as  to  what  you  mention  of  Ar- 


COL(^NlAL  RKCURDS.  105 


tides  of  PuWii^k  Services  done  by  the  provost  Marshal  and  Clerk  of  the 
Coiinoil,  which  you  say  are  not  allowed  by  the  Comraittce,  we  are  of 
Opinion  that  the  said  Committee  have  allowed  whatever  was  usual  and 
Customary  to  be  allowed  for  Services  of  that  Nature,  therefore  can't  con- 
sent to  make  any  further  allowance.     By  Order 

JOS.  ANDERSON  C"  Gen'  Assem. 

Sent  by  M'  Lowther,  M'  Dawson 

To  which  this  House  sent  the  following  answer  Viz' 

M'  Speaker  and  Gentlemen, 

In  answer  to  your  Message  just  now  received,  we  are  of  Opinion  that 
we  cannot  with  Comon  Justice  recede  from  the  Charge  made  by  us  of 
the  Additional  Sums  to  the  Secretary  and  provost  Marshal,  which  we 
hoped  would  have  been  added  to  the  Estimate  whatever  might  have  been 
the  Sense  of  your  Committee  on  those  Accounts.  We  are  surprized 
you  should  again  send  up  a  fair  Copy  of  the  Estimate,  without  so  much 
as  taking  Notice  of  the  sum  off  £2500  charges  (jf  stamping  the  New  Cur- 
rency, and  which  by  a  I^aw  passed  both  Houses  this  Session,  was  to  be 
sunk  by  the  Law  which  now  Lyes  before  us  for  stamping  the  sum  of 
£10,000,  the  charge  of  which  also  amounts  to  £600  in  £3100;  these 
sums  together  with  what  are  before  mentioned,  we  still  hope  you'l  add 
to  the  Estimate,  to  make  it  eompleat,  before  we  read  the  Bill  a  second 
time,  otherwise  it  might  lay  us  under  an  Obligation  to  reject  it. 

Then  the  House  adjourned  till  tomorrow  Morning  Nine  of  the  Clock. 

Saturday  March  1"  The  House  met  again.  Present  The  honoble 
William  Smith  Esq"  presid'  of  his  Majesty's  Council. 

[  Nath'  Rice  Mathew  Rowan    1 

'The  honoble  <  Robert  Halton         Edward  Moselev  VEsq"  &c 
(Eleazer  Allen  Cullen  Pollock'  j 

Received  the  following  Message  from  the  Ijower  House  Viz' 

Saturday  March  the  1" 
To  the  Honoble  the  Upper  House. 

In  answer  to  your  Message  of  yesterday  we  shall  beg  leave  to  acquaint 
you  that  we  think  we  cant  in  common  Justice  to  Our  Country  inake  any 
addition  to  the  sum  allowed  the  Secretary  or  Clerk  of  the  Council  & 
provost  Marshal  which  we  hoped  would  have  been  Satisfactory. 

We  have  agreed  to  putt  the  sum  of  Two  thousand  five  hundred 
Pounds  charges  for  stamping  the  New  Currency,  as  also  Six  hundred 
pounds  Charges  for  stamping  the  Ten  Thousand  pounds,  to  the  estimate, 
which  we  herewith  send  you     By  Order 

JOS  ANDERSON  C"  Geu"  Ass: 

Sent  by  Do'  Maule,  M'  Roberts. 
14 


106  COLONIAL  EECORDS. 


Read  a  Second  time  a  Bill  for  making  and  Emitting  the  sum  of 
£10,000  &  passed  with  amendments. 

Read  a  third  time  a  Bill  for  granting  to  his  Majesty  the  snm  of 
£14150.3.2  for  the  Service  of  the  Publick  of  this  province  and  for  lay- 
ing a  Tax  on  the  Inhabitants  of  the  same  for  the  payment  thereof;  and 
for  stamping  the  sum  of  Ten  thousand  pounds  Bills  of  Credit  for  the 
more  imediate  discharge  of  part  thereof,  and  passed. 

Ordered  that  the  same  be  Engrossed. 

Read  from  the  Lower  house  a  Message  which  had  for  some  time  iayne 
on  the  Table  Viz'. 

Thursday  ffebruary  the  13'" 

To  His  Excellency  the  Governour  and  Council. 

Whereas  Colonel  Thomas  Swann  Treasurer  for  Pasquotank  Col" 
Thomas  Pollock  Treiisurer  for  Bertie  Precinct  and  John  Baptista  Ashe 
Esq'  Treasurer  for  New  Hanover  Precinct  are  Dead 

This  House  recommends  to  his  Excellency  the  Governour  &  Council 
the  following  Persons  to  be  Treasurers  in  their  Room  Viz'  M'  James 
Castelaw  or  M'  James  Lockhart  for  Bertie,  M'  John  Relph  or  M'  Corne- 
lius Relph  for  Pasquotank  precinct,  Eleazer  Allen  Esq'  or  M'  Samuel 
Swann  for  New  Hanover  precinct,  sent  to  the  Upper  House  for  con- 
currance.     By  Order  JOS:  ANDERSON  C"  Gen' Ass: 

By  M'  Sam'  Swan,  M'  Lee 

Upper  House  March  1='  1734.  [1735] 
Read  in  the  Upper  House  and  Concurred  with  and  have  only  added 
M'  Gabriel  Burnham  in  the  room  of  M'  John  Relph 

By  Order  R.  FORSTER  C"  Up  House. 

Received  the  following  message  from  the  Lower  House  Viz' 

March  1='  1734.  [1735] 

To    THE    HONOBLE    THE    UpPER    HoUSE. 

Whereas  it  appears  by  the  report  of  the  Committee  for  receiving  the 
publick  Moneys,  that  there  are  several  persons,  who  have  sums  of  Money 
in  their  hands  due  to  the  publick  and  have  not  paid  in  the  same;  It  is 
ordered  that  the  Clerk  of  the  General  Assembly  give  Publick  Notice  in 
Writing  to  such  persons  to  attend  at  the  next  Assembly  and  pay  in  the 
same     By  Order  JOS  :  ANDERSON  C"=  G  :  Assem : 

Sent  by  M'  Denman,  M'  Skinner  for  Concurrance 
Which  was  read  and  Concurred  with  in  the  Upper  House. 

Received  the  following  Message  from  the  Lower  House  Viz' 


COLONIAL  RECORDS.  107 


March  1"  1734.  [17.35] 

To    THE    HONOBLE    THE    UpPER    HoUSE. 

Tlie  Committee  appointed  by  both  Hou.se«  to  receive  the  puhlick 
Moneys  from  the  several  precinct  Treasurers  Powder  receivers  and  others, 
Report  that  they  have  received  the  several  Sums  therein  mentioned, 
which  we  send  herewith. 

WhicJi  report  is  approved  of  and  Resolved  that  the  New  Money  in 
the  liands  of  the  said  Committee  shall  be  applyed  to  the  paying  the  sev- 
eral Members  of  both  Houses  for  their  service  and  attendance  in  this 
Session ;  except  sucii  Members  as  shall  be  in  arrear  to  the  publick,  who 
shall  discount  the  same  in  his  wages  as  farr  as  they  will  go  towards  mak- 
ing up  such  arrears  and  if  any  money  shall  remain  after  the  payment  of 
the  said  Members,  it  shall  be  applyed  towards  paying  the  other  Claims; 
and  that  his  Excellency  the  Govei-nour  be  desired  to  issue  his  Warrant 
to  tiie  said  Committee  to  pay  the  same  accordingly;  We  desire  your 
Concurrance  thereon.     By  Order    JOS :  ANDERSON  C'"  Gen'  Ass. 

Sent  by  M'  Dawson,  M'  Long 

To  wiiicli  this  House  sent  the  following  Answer,  Vizt 

M'  Speaker  and  Gentlemen, 

In  answer  to  your  Message  Concerning  the  Appropriation  of  the  New 
Money  now  in  the  hands  of  the  Committee  of  both  Houses,  We  are  of 
Opinion  that  his  Excellency  the  Governour  be  imediately  paid  the  sum 
of  £1300 — given  to  him  by  the  Act  for  emitting  the  sum  of  £10000  and 
tiiat  the  rest  of  the  Money  be  paid  to  the  Members  of  both  Houses  as 
farr  as  it  will  go  in  proportion  to  the  allowance  given  by  an  Act  for  pay- 
ment of  the  Assembly  during  their  Sitting.     By  Order 

R :  FORSTER  C"  U :  H : 

Which  message  the  lower  house  returned  with  the  following  endorse- 
ment Viz' 

March  1^':  1734.  [1735] 
Concurred    with   in  the  Lower  house,  only  sucii   members   that  are 
indebted  to  the  publick,  their  wages  shall  be  discounted  out  of  their  debt. 
By  Order  JOS :  ANDERSON  C"  Gen'  Ass. 

Sent  bv  Do'  Maule,  M'  Swann 

GABRIEL  JOHNSTON. 

His  Excellency  the  Governour  came  to  the  Upper  house  and  Com- 
manded the  attendance  of  the  General  Assembly,  who  (^ame  in  a  full 
Body,  and  his  Excellency  the  Governour  was  pleased  to  give  his  Assent 
to  the  following  Laws,  Viz' 


108  COLONIAI.  RECORDS. 


An  Act  for  stamping  and  exchanging  the  present  Bills  of  Currency  of 
this  provice  and  for  the  better  explaining  an  Act  of  the  General  Assem- 
bly passed  the  27'"  day  of  November  1729,  entituled  an  Act  for  the 
making  and  Emitting  the  sum  of  ffourty  thousand  pounds  publick  Bills 
of  Credit  of  Nortli  Carolina. 

An  Act  for  repealing  a  Clause  in  an  Act  entituled  an  Act  relating  to 
Biennial  and  other  Asseiublys,  which  empowers  Freemen  of  the  several 
precincts  to  Vote  for  Members  of  Assembly,  and  declaring  what  persons 
sliall  be  qualified  to  Vote  for  Members  to  sit  in  General  Assembly,  and 
Also  Qualification  of  Members  for  the  future. 

An  Act  for  reviving  an  Act,  entituled  an  Additional  Act  to  the  Act 
for  Tryal  of  Small  an<l  Mean  Causes. 

An  Act  for  Laying  a  duty  on  Liquors  for  and  towards  defraying  the 
contingent  Charges  of  the  Government ;  and  to  make  a  poll  Tax  on  the 
poorer  Inhabitants  more  Easy 

An  Act  to  ascertain  the  Allowance  of  his  Majesties  Council  and  the 
Members  of  Assembly  of  this  province. 

An  Additional  Act  to  the  Act  concerning  Roads  &  Ferry s. 

An  Act  for  laying  out,  making,  altering  &  keeping  in  repair  the  sev- 
eral Roads  and  highways  within  the  several  precincts  of  the  County  of 
Bath ;  and  for  building  Bridges,  cleansing  and  keeping  clean  the  several 
Rivers  and  Creeks  within  the  same. 

An  Act  to  confirm  and  Establish  the  precincts  of  Onslow  and  Bladen  ; 
and  for  appointing  the  same  distinct  Parishes. 

An  Act  for  granting  to  his  Majesty  the  sum  of  fourteen  thousand  one 
hundred  and  fifty  pounds  three  shillings  and  two  pence  for  the  service  of 
the  publick  of  this  province,  and  for  laying  a  Tax  on  the  Inhabitants  of 
the  same  for  the  payment  thereof;  and  for  stamping  the  sum  of  Ten 
thousand  pounds  Bills  of  Credit  for  the  more  immediate  discharge  of 
part  thereof. 

M'  Speaker  then  presented  to  his  Excellency  the  Governour  an  Address 
of  the  Lower  House  of  Assembly  relating  to  the  Quit  rents,  which  was 
read  in  the  following  words,  Viz' 

North  Caroi^ina — ss. 

T(5  his  Excellency  Gabriel  Johnston  Esq"  Captain  General  and   Gov- 
ernour in  Chief  in  and  Over  the  said  Province. 

The  humble  Address  of  the  Lower  House  of  Assem. 

We  the  Representatives  of  this  province  beg  leave  to  lay  before  your 

Excellency  the  state  of  this  province  in  relation  to  Our  Quit  Rents,  and 

tiie  manner  of  paying  the  same,  from  the  first  settlement  thereof  [to]  this 


COLONIAL  KECORDS.  109 


time;  when  the  right  of  this  Province  became  vested  in  the  Lords  Pro- 
prietors by  the  2*  Charter  granted  by  King  Charles  tiie  second.  Tlie 
proprietors  or  their  deputys  for  them,  then,  might  grant  Land  to  any 
persons  at  such  rent  as  they  could  agree  on  ;  and  also  by  the  said  Charter 
the  proprietors  or  their  deputies,  with  the  assent  of  the  tfreemen  of  this 
province,  or  their  representatives  were  to  make  Laws  binding  as  well  on 
the  said  Lords  Proprietors  as  on  the  People.  The  Proprietors  then 
directed  tlieir  Governour  and  Council  here  to  grant  Land  to  any  person 
in  Albemarle  County  on  the  same  tenure  that  Land  was  then  held  in 
Virginia,  as  plainly  appears  by  their  Grand  deed;  which  was  tiien  at 
two  shillings  '^  hundred  Acres,  in  Tobacco,  at  One  j)enny  ^  pound,  as 
appears  by  the  law  of  that  Colony ;  but  when  that  was  found  impracti- 
cable by  reason  of  the  Land  here  in  General  would  not  produce  Tobacco 
so  well  as  the  Land  in  Virginia,  the  quit  rents  then  become  payable  in 
other  Commodities,  at  certain  rates ;  at  which  rates  those  Commodities 
were  constantly  received  at  every  Mans  House,  and  the  payments  never 
refused  by  the  proprietors,  as  is  alledged.  In  the  Year  One  thousand 
seven  hundred  and  Twelve,  The  proprietors  sent  directions  to  their 
Receiver  General  how  he  should  dispose  of  those  Comodities  for  their 
Interest;  By  this  it  appears,  that  not  only  the  Lords  Proprietors  deputies 
with  the  Representatives  of  the  people  have  settled  the  quit  rents  payable 
in  Our  Commodities  at  certain  prices,  which  seems  according  to  the 
Charter  to  be  Conclusive,  but  also  there  is  the  proprietors  Assent  thereto, 
directing  as  aforesaid,  how  the  Receiver  General  should  dispose  of  those 
Commodities;  which  in  Our  humble  Opinion  makes  the  payment  in 
Commodities  indisputable:  besides,  if  all  Our  Laws  were  void,  only  the 
grand  deed  to  be  a  guide  for  the  payment  of  Our  Quit  rents,  we  were 
by  that  deed,  as  was  said  Before,  to  hold  Our  land  in  Albemarle  County 
on  the  same  terms  and  Conditions,  that  Land  was  then  held  in  Virginia, 
which  was  at  two  shillings  every  hundred  Acres  payable  at  the  tenants 
house,  either  iff  Tobacco  at  one  penny  "p  pound,  or  Ca.sh  at  the  Election 
of  the  Tenant,  so  that  the  rents  in  Virginia  were  payable  in  Tobacco  at 
that  time,  &  Consequently  by  the  grand  deed. 

We  are  very  much  concerned  to  see  y'  Excellency's  Proclamation  com- 
manding us  to  pay  in  Sterling  Money  or  in  Bills  at  the  difference  that  your 
Excellency  and  Council  shall  be  pleased  to  Assess ;  which  we  humbly 
conceive  is  contrary  to  Our  I^aws,  Customs  and  even  to  the  Conditions 
of  the  Grand  Deed,  &  must  inevitably  terminate  in  the  mine  of  many  of 
the  inhabitants  of  this  province,  both  with  respect  to  the  manner  of  col- 
lecting the  rents,  and  the  distresses  that  may  ensue  thereupon. 

Wherefore  we  humbly  pray  your  Excellency  would  be  pleased  to  issue 
out  a  proclamation,  directing  the  Officers,  who  are  appointetl  to  collect 


110  COLONIAL  RECORDS. 


the  quit  reuts,  to  proceed  iu  the  said  Collections,  according  to  the  Laws 
and  Customs  of  this  Province,  and  that  no  distress  may  be  made  upon 
his  Majesty's  poor  tenants,  contrary  to  the  same  untill  a  Law  shall  be 
passed  directing  some  other  Method  for  collecting  the  said  Rents,  more 
agreeable  to  his  Majesty's  Instructions,  and  as  much  as  may  be  for  the 
ease  of  his  Majesty's  Tenants,  which  we  were  in  hopes  would  have  been 
done  by  the  Bill  we  offered  this  Session;  and  that  your  Excellency 
would  be  pleased  to  give  a  further  time  for  the  payment  of  Arrears, 
which  does  not  become  due  by  any  default  of  the  Tenants  refusing  to 
pay  those  Rents,  but  in  the  officers  Neglecting  to  collect  and  receive  the 
same. 

His  Excellency  the  Governour  was  pleased  to  make  the  following 
Speech  to  Both  Houses  Viz' 

Gentlemen, 

I  find  by  your  management  while  the  Quit  rent  Bill  was  depending 
in  your  house,  by  this  address  and  by  your  wliole  iiehaviuur,  that  you 
have  entertained  very  old  and  unaccountable  Notions  of  liis  Majesty's 
rights  &  your  own  priviledges. 

As  I  have  made  it  my  business  to  study  the  Constitution  of  this  Coun- 
try ever  since  I  had  the  honour  to  serve  the  King  in  this  Station,  by 
perusing  all  the  records  belonging  to  y°  Province  both  here  and  in  Lon- 
don, I  think  it  my  duty,  now  this  Assembly  is  to  seperate,  to  rectify 
some  of  your  mistakes ;  and  what  I  have  now  to  say,  ought  to  have  the 
more  weight  with  you  as  it  is  spoken  in  a  fair  Open  manner,  and  as  it  is 
to  stand  upon  record  &  to  be  perus'd  by  Our  Superiours  at  home;  so 
that  if  I  advance  any  thing  but  what  is  strictly  true,  I  can't  fail  of  being 
detected  I  shall  beginn  with  giving  you  a  True  and  just  account  of 
what  you  are  pleased  to  call  the  Grand  Deed :  It  is  certainly  true  that 
the  late  Lords  Proprietors  did,  iu  the  Year  1668,  by  an  anthentick  deed 
under  their  hands  &  Seal  grant  their  Lands  to  the  then  Inhabitants  of 
Albemarle  County  for  quit  rents  to  be  paid  in  the  same  manner  as  in 
Virginia;  If  you  have  a  mind  to  call  this  Instrument  the  Grand  Deed, 
with  all  my  heart  I  have  no  Objection  to  it,  I  wont  quarrel  with  you 
about  Names ;  I  shall  only  observe  to  you  that  this  deed  neither  in  its 
own  nature,  nor  by  any  clause  in  it,  can  ever  be  reckoned  irrevocable. 
And  I  do  assure  you  that  it  was  actually  revoked  in  the  Year  1670,  by 
another  Deed  equally  authentick,  &  containing  full  as  strong  Clauses  as 
that  granted  two  years  before;  and  the  Originals  of  both  these  Instru- 
ments are  now  in  tlieir  Books  at  the  Board  of  Trade  by  this  latter  deed, 
all  such  as  for  tiie  future  took  up  i<ands  in  Albemarle  County  were  to 


COLONIAL  RECORD8. 


pay  as  reserved  Rent  in  tlie  ('oin  of  Englanrl  to  their  Lordships,  One 
half  penny  p"'  Acre,  whicli  anionnts  to  4'  2*  sterling  "^  One  hundred 
Acres. 

Now  Gentlemen  if  you  are  fur  determining  this  affair  by  Deeds  passed 
under  the  Lords  proprietors,  let  us  go  to  work  fairly,  I  am  very  willing 
that  all  the  Inhabitants  of  this  Country,  which  hold  their  Lands  under 
any  grants  made  before  the  year  1670  shall  pay  their  Rents  in  the  same 
manner  as  they  did  in  Virginia  in  the  year  1668,  whatever  way  that 
may  be ;  but  then  it  is  but  equal  and  just  that  all  who  iiold  T^ands  in  this 
Country  under  grants  since  the  year  1670  should  pay  four  shillings  and 
two  pence  p''  100  Acres;  and  I  am  of  opinion  that  his  Majesty  will  be 
no  great  looser  by  this;  but  if  you  fancy  that  where  there  are  several 
Instruments  or  Deeds,  you  are  at  liberty  to  pick  out  One  of  them  which 
makes  most  for  your  own  advantage  and  by  Christening  it  by  the  Name 
of  the  grand  Deed  or  Charter,  you  can  destroy  the  force  of  all  the  other 
deeds  which  makes  for  the  advantage  of  your  Land  Lord,  you  will  find 
yourselves  miserably  out  in  your  reckoning : 

The  Kings  Ministers  at  home  won't  be  used  so  like  Children,  so  that 
upon  the  whole,  without  having  recourse  to  any  deeds  whatsoever,  it  will 
be  the  safest  rule  for  the  Inhabitants  of  Albemarle  County  to  pay  two 
shillings  Sterling  per  100  Acres  for  all  Land  held  before  his  Majesty's 
jjurchase. 

Now  Gentlemen  as  to  your  Laws :  It  is  y"  great  happyness  of  all  his 
Majestys  subjects  in  every  part  of  his  Dominions,  and  I  hope  it  always 
will  be  so,  that  they  are  Governed  by  Law,  and  not  by  the  Arbitrary 
Will  and  pleasure  of  any  person  whatsoever;  &  as  in  all  free  Countrys, 
I^aw  is  the  Rule  and  Standard  both  for  those  who  govern  and  those  who 
are  Governed,  great  care  is  taken  that  there  should  be  some  known,  set- 
tled and  established  methods  and  forms  of  Enacting,  passing  and  promul- 
gating all  Ijaws :  These  methods  are  different  in  different  Countrys;  in 
this  country  the  method  is  well  known  and  very  distinctly  laid  down. 
When  a  Bill  had  passed  both  Houses,  it  was  sent  home,  and  if  in  two 
Years  it  was  ratifyed  by  the  Ijords  proprietors,  and  this  Ratification 
notified  pnblickly  at  the  next  Biennial  Assembly,  then  and  never  till 
then,  it  passed  into  a  Law  ;  if  in  two  Years  it  was  not  ratifved,  it  became 
null  &  void  of  Course:  This  is  so  notoriously  the  Case,  that  it  is  re- 
peated above  ten  sev^eral  times  in  your  Journals,  in  the  most  strong  and 
expressive  manner  that  words  can  make  it.  Now  Gentlemen,  if  you 
will  shew  me  any  Law  which  regulates  and  directs  the  payment  of  quit 
rents  and  has  gone  thro  all  these  necessary  forms,  I  will  submit  to  it  with 
all  my  heart,  and   nobody  shall  more  Scrupulously  adhere  to  it;  but 


112  COLONIAL  RECORDS. 


until  you  do  this,  yon  itnist  give  me  leave  to  think  that  there  is  no  other 
Law  in  this  Province  witli  regard  to  the  method  of  paying  the  Kings 
Quit  rents  of  any  foi'ce  except  what  is  Common  to  all  his  Majesty's 
Tenants  in  every  part  of  his  Dominions,  that  is  the  Crown  Law  which 
is  Executed  by  his  Court  of  Exchequer,  a  Law  w"*  tho  it  does  speedy 
Justice  against  those  who  refuse  to  pay  the  King  his  dues,  can  never 
hurt  any  Tenant  y'  pays  his  rents  punctually.  As  for  those  Acts  of 
Assembly  which  direct  the  payment  of  Commoditys,  and  rate  them  at  a 
Certain  price;  as  they  were  never  ratifyed,  a-s  they  never  had  your  Land- 
lords (who  were  one  of  the  contracting  partys)  Consent,  if  I  should  pay 
any  regard  to  them  (as  I  believe  I  never  shall)  I  am  sure, they  would  be 
rejected  at  home  with  Indignation ;  farr  less  shall  I  pay  any  regard  to 
such  stragling  Instructions  of  their  Lordships  receivers  in  former  times, 
which  may  be  pick'd  up  to  serve  a  Turn  now ;  for  these  only  shew  how 
much  the  Lord  proprietors  were  straitned  to  come  at  their  own,  that  they 
were  forced  to  try  every  method  to  see  if  they  could  get  any  returns 
from  their  Lands,  and  when  they  fouud  that  by  the  treacherous  combi- 
nation of  their  Officers  with  their  Tenants  they  could  make  no  profitt  of 
their  Estates,  they  were  forced  to  sell  the  Soyl  of  the  province  to  the 
Crown. 

Now,  Gentlemen,  if  you  think  such  shallow  Evasions  as  these,  such 
Acts  of  Assembly  as  were  never  ratified,  &  consequently  can  by  no  pro- 
priety of  Speech  be  called  Ijaws,  or  One  Accidental  Instructtion  to  a  Re- 
ceiver, are  a  Solid  foundation  for  you  to  contend  with  the  Crown  of 
Great  Britain,  I  am  sorry  for  it;  If  you  will  venture  the  Ease,  the 
peace  &  Security  of  your  Selves,  your  familys  and  Estates  upon  so  sfen- 
der  a  Bottom,  it  is  no  fault  of  mine;  let  them  Answer  for  it  that  lead 
you  into  such  an  Error;  it  can't  at  all  injure  his  Majestys  rights,  Imt  it 
may  be  of  fatal  Consequence  to  yon  and  your  fnniilys  in  the  End. 

If  anybody  reckons  that  this  is  very  hard  to  the  poor,  that  it  is  a 
harsh  &  severe  manner  of  proceeding  and  so  I  have  been  told  it  has  in 
private  Conversation  been  represented;  there  is  a  very  easy  remedy  for 
all  this;  Let  them  pay  the  King  the  arrears  of  his  rents,  and  move  with 
their  familys  otf  his  Lands,  &  then  let  them  go  into  any  parts  of  the 
World  and  take  up  Lands  at  a  cheaper  rate,  and  where  ever  they  settle, 
no  doubt  all  good  People  will  heartily  pity  the  Oppression  they  have 
met  with  from  so  severe  a  Landlord,  &  that  they  could  not  hold  so  poor 
a  quantity  of  Land  as  100  Acres  without  being  forced  to  pay  so  immense 
a  sum  as  two  or  three  shillings  Yearly  rent  for  it. 

These  things,  Gentlemen,  won't  bear  being  talked  of;  it  is  a  farce  that 
has  been  too  long  acted  under  the  late  Lords  proprietors,  &  if  you  have 


COLONIAL  RFX;0RD8.  11.'', 


not  yet  been  told  that  it  will  not  be  tolerated  now  the  King  is  Lord  of 
the  Soil,  it  is  high  time  for  me  to  assure  you  of  it;  &  that  if  the  arrears 
of  his  Majesty's  Rents  are  not  paid  at  the  times  and  in  the  manner  men- 
tioned in  the  proclamation,  distraint  shall  be  made  for  them :  but  if  any 
dislike  the  terms,  or  can  find  Land  at  a  lower  rate  any  where  else,  he 
has  nothing  to  do  but  relinquish  his  Majesty's  Lands  in  this  province, 
for  such  other  persons  as  will  comply  with  his  terras,  and  I  am  under 
no  manner  of  Apprehension,  but  his  Majesty  will  find  tenants  for  all  the 
Lands  he  has  to  dispose  of. 

This,  Gentlemen,  is  using  you  in  no  other  manner  than  you  your 
.selves,  or  any  other  Land  Lord  may  use  his  Tenants,  without  doing  them 
any  Injustice,  or  even  hardship,  and  if  either  you  your  selves  have  im- 
bibed or  some  designing  persons  have  instilled  any  notions  into  you, 
which  make  you  believe  that  the  king  hath  not  as  much  power,  as  just 
a  right  to,  dispose  of  his  own  property  &  to  grant  his  own  Lands,  as 
you  have  in  your  private  E.states  which  you  hold  under  him,  it  is  high 
time  to  undeceive  you.  For  my  own  part,  as  I  am  bound  by  my  Oath, 
my  Honour,  and  all  the  Tyes  that  are  Sacred  among  Men,  I  will  see 
Justice  done  to  the  King  in  his  Revenues,  let  the  Con.sequences  be  what 
they  will :  And  as  you  have  taken  the  Liberty  to  mention  my  Instruc- 
tion.s,  I  am  not  sensible  that  I  have  in  the  least  departed  from  them, 
except  in  taking  Bills  of  Currency  at  a  proper  di.scount  for  Quit  rents, 
instead  of  Gold  &  Silver  without  his  Majesty's  leave ;  a  step  I  took  out 
of  tenderness  to  you,  &  which  I  am  like  to  have  small  thanks  for  here, 
and  I  am  afraid  I  shall  have  still  less  at  home. 

But  the  most  extraordinary  insinuation  in  your  address  is,  that  by  the 
Charter  of  King  Charles  the  second  y"  deputys  of  the  Lords  proprietors, 
with  the  Assent  of  the  Assembly  could  make  Laws  binding  on  the  Lords 
proprietors,  as  well  as  the  people,  I  have  perused  the  Charter  you  referr 
to,  often  &  the  only  Clause  relating  to  tlie  manner  of  making  Laws  is 
what  follows: 

"  And  also  to  ordain  make  &  Enact  and  under  their  (that  is  the  Lords 
"  proprietors)  seals  to  publish  any  Laws  and  Constitutions  whatsoever 
"according  to  their  best  discretions  by  and  with  the  advice  assent  and 
"Approbation  of  the  Freemen  of  the  said  province,  or  of  the  greatest 
"  part  of  them,  or  of  their  deputys  or  delegates,  whom  for  Enacting  the 
".said  Laws  when  and  as  often  as  need  shall  require,  Wee  will  that  vou 
"(that  is  the  Lords  proprietors)  shall  from  time  to  time  assemble. 

It  is  plain  from  thi.s,  that  by  the  Charter,  the  finst  essential  requisite 
to  the  making  of  a  Law  was,  that  it  should  be  published  under  the  Lords 
proprietors  Seals.  If  you  think  to  evade  this  by  saying  that  by  their 
15 


114  COLONIAL  RECOIIDS. 


deputys  tliey  did  publish  it  under  their  Seals,  I  must  once  more  remind 
you  that  they  always  did  reserve  this  power  to  themselves,  of  ratifying 
sucli  Bills  as  past  in  the  two  Houses  here  before  they  past  into  Laws, 
&  that  this  ratification  should  be  publickly  declared  at  the  next  Biennial, 
so  that  in  the  matter  of  passing  Laws  it  was  not  an  Absolute  but  a  Lim- 
ited power,  which  their  deputys  were  invested  with,  &  the  Limitation 
expressed  in  the  most  strong  direct  and  Explicite  terms  that  possibly 
could  be. 

After  all.  Gentlemen,  it  is  a  shame  there  should  be  any  necessity  for 
saying  so  much  on  so  plain  a  point;  for  plain  it  is  notwithstanding  all  the 
pains  taken  to  perplex  it  by  a  few  Men  who  have  no  hopes  of  Screening 
themselves  or  having  their  Crimes  pass  undetected,  but  by  keeping  the 
Country  in  the  same  embroiled  and  unsettled  Condition,  which  first  gave 
them  an  Opportunity  of  Committing  their  frauds;  by  men  who  have 
more  squeezed  and  Oppressed  their  fellow  Subjects,  and  got  more  money 
for  themselves  and  relations  by  the  Sale  of  Lands  since  the  Year  1728, 
than  the  Lords  proprietors  got  during  the  whole  sixty  yeai'S  they  were  in 
possession  ;  &  yet  have  the  insolence  to  foment  and  raise  an  unjust  clam- 
our against  the  King,  for  demanding  what  he  has  honestly  and  fairly 
purchased,  &  paid  for,  and  what  he  designs  should  be  held  by  his  Sub- 
jects at  moderate  and  easie  Quit  rents,  and  not  at  such  exorbitant  and 
unconscionable  prices  as  they,  contrary  to  all  Law  and  Justice,  extorted 
from  poor  industrious  people. 

Gentlemen  of  the  Council. 

I  return  you  my  hearty  thanks  for  the  great  regard  you  have  shown  iu 
all  your  proceedings  to  his  Majestys  service  and  the  publick  good. 

As  for  you  Gentlemen  of  the  House  of  Burgesses  if  you  have  lefl  any- 
thing undone  for  the  Service  or  benefit  of  the  people  you  represent,  for 
the  Trade,  quiet  and  prosperity  of  the  Country,  you  cannot  justly  blame 
me  for  it ;  you  cannot  pretend  that  in  any  of  your  Consultations  or  pro- 
ceedings you  met  with  the  least  interruption  from  me;  I  hate  all  meas- 
ures which  must  appear  harsh  or  severe,  and  could  therefore  have  wished 
you  had  made  the  Collection  of  the  Kings  rents  easy  to  you  and  your 
fellow  subjects;  But  as  you  have  not,  I  have  declared  my  intention  and 
will  do  my  duty. 

I  do  prorogue  this  Assembly  unto  the  first  day  of  July  next,  &  this 
Assembly  is  accordingly  prorogued. 

A  True  copy     Examined. 

By  ROB'  FORSTER  C"  Upp^  House. 


COLONIAL  RECORDS. 


11  o 


North  Carolina — ss. 

At  a  General  Arisembly  begun  and  lield  fur  the  said  Province  on 
Wednesday  the  15*  day  of  Jan'='  1734  [1735]  and  continued  by  several 
Adjoui-niuents  'till  the  first  day  of  March  next  following. 


Chowan. 
Coll"  Henry  Bonner 
M'  Thomas  Luten 
M'  W"  Badham 
M""  Henderson  Luten 
Docf  George  AUeyn 

Curatuck 
M'  Thomas  Lowther 
M'  John  Etiieridge 
M'  John  Caron 
M"'  James  Chethara 
M''  Thom°  Williams 

Edgcombe 
Coll"  Ja=  Miilikin 
Maj"'  Baray  McKinnie 

Craven 
M'  Will"  Handcoclv 
M'  George  Roberts 

Onslow. 
M'  James  Foyle 
M'  Charles  Harrison 

Bath  Town. 
M'  Roger  Kenvon 


MEMBERS    RETURNED. 

Perquimans 
M'  Zebulon  Clayton 
M'  Samuel  Swann 
M'  Charles  Denman 
M'  Rich''  Skinner 
M'  Joshua  Loufif. 


Bertie 
M''  James  Castelaw 
M'  Arth'  Williams 
M''  George  Wynn 
M'  John  Dawson 
M'  John  Harrold 
M^  John  Hodgson 


Pasquotank. 
M'  Gab'  Burnham. 
M'  Cha"  Sawyer 
M'  Jerem"  Symons. 
M'  Caleb  Sawyer 
M'  Dan"  Sawyer 

Tyrrell 
Capt.  Will"  Downing 
AP  Stephen  Lee. 


I  Equall 


Votes. 


Beaufort 
Maj'  Rob'  Turner 
Doct'  Pat'  Maule 

Carteret 
M'  Thorn"  Lovick 
M'  Arthur  Mabson 

Bladen. 
M'  Hugli  Blaning 
M'  John  Dolleson 

Newburn  Town. 
M'  Walter  Lane 


Hyde. 
M'  Samuel  Sinclare 
M'  Thom'  Smith 

New  Hanover 
M'  James  Swann 
M'  Job  How. 

Eden  ton. 
M'  Chap  Wevbeere 


And  upon  said  Return  appeared  Coll"  Henry  Bonner,  M'  Thomas 
Luten  M'  Will"  Badham  M'  Henderson  Luten  Doct'  George  Aileyn 
M'  Charles  Denman  M'  Richard  Skinner  M'  Joshua  Long  M'' Gabriel 
Burnham  M'  Charles  Sawyer  M'  Caleb  Sawyer  M'  Daniel  Sawyer  il' 
James  Castellaw  M'  George  Wynn  Coll"  James  Miilikin  Major  Burn- 
aby  McKinnie  Capt.  William  Downing  M'  Steven  Lee  M'  Samuel  Sin- 


116  COLONIAL  RECOEDS. 


clare  M'  Charles  Harrison  M'  Charles  Westbeer  and  M'  Hugh  Blan- 
ing. 

There  not  appearing  a  Majority  of  the  house  the  Members  adjourned 
'till  tomorrow  Morning. 

Thursday  January  1 6""    The  Members  mett  according  to  Adjournment. 

Joseph  Anderson  produced  here  a  Commission  from  his  Excell^  the 
Governor  appointing  him  Clerk  of  the  General  Assembly  which  was 
read  and  accordingly  Received. 

A  Message  was  sent  to  his  Excell''  the  Governor  that  several  Mem- 
bers of  his  house  being  met  are  now  ready  for  their  Qualifications. 

By  Order  JOS :  ANDERSON  C"  Gen :  Assem. 

Sent  by  Co"  Bonner,  M'  Thom^  Luten 

Whereupon  M'  Secretary  Rice  and  Eleazer  Allen  Esq'  Members  of 
Council  Immediately  came  and  administered  the  several  Oaths  and  Test 
bv  Law  appointed  for  tlie  qualification  of  Publick  Officers  to  the  several 
Members  that  appeared  yesterday  also  unto  M'  Arthur  Williams  Major 
Rob'  Turner  M'  George  Roberts  M'  Samuel  Swann  M'  Job  How  and  to 
Joseph  Anderson  the  Clerk  of  this  house  who  severally  took  and  sub- 
scribed the  same 

Sent  the  following  Message  viz' 

To  HIS  EXCELL^  THE  GOVERNOUR. 

The  House  being  now  qualifyed  are  ready  to  wait  on  your  Excell^  for 
your  directions  in  the  Choice  of  a  Speaker. 

By  Order  JOS:  ANDERSON  C"  Gen'  Assem. 

Sent  by  M'  Badham,  M'  H  Luten. 

The  Messenger  of  the  LTpper  house  came  to  acquaint  this  house  that 
his  Excell^  the  Governour  was  ready  to  receive  them. 

Whereupon  the  house  in  a  full  body  waited  on  his  Excell^  at  the 
Council  Chamber  who  directed  them  to  choose  their  Speaker  and  that  he 
would  be  ready  to  receive  him  tomorrow  at  ten  of  the  Clock  in  the 
Morning. 

The  house  thereupon  returned  and  unanimously  Chose  Capt.  William 
Downing  their  Speaker. 

Then  the  house  adjourned  'till  tomorrow  Morning. 

Fryday  January  17"".     The  house  Mett  according  to  adjournment. 

A  Message  came  from  the  uper  house  acquainting  this  house  tiiat  his 
Excell^  was  ready  to  receive  the  Speaker.  Whereupon  the  house  in  a 
full  bod}'  waited  on  his  Excell^  at  the  Council  Chamber. 


COLONIAL  RECORDS.  1 1 7 


Who  approved  of  the  Speaker  and  made  a  Speech  wliicli  the  house 
obtained  a  Copy  of  and  then  returned  where  the  same  was  read  in  these 
words : 

[For  the  Governor's  address  see  Journal  of  Upper  House. — Editor.] 

A  Message  was  sent  to  hisExcell^  the  Goveruour  that  several  Members 
of  this  liouse  have  this  day  appeared  and  wait  for  tiieir  Qualification. 
By  Order  JOS:  ANDERSON  C"  Gen'  Assembly. 

Sent  by  Docf  AUeyn,  M'  Denman. 

Whereupon  M'  Secretary  Rice  and  Eleazer  Allen  Esq''  came  and 
administered  the  several  Oaths  and  Test  by  Law  appointed  for  the  Quali- 
fication of  Publick  Officers  unto  Thomas  Lowther  John  Caron  &  Roger 
Keuyon  who  severally  took  and  subscribed  the  same. 

Then  the  House  Proceeded  to'  Enquire  into  Controverted  Elections 
and  Returns  and  the  Marshall  who  took  the  Poll  for  Bertie  precinct 
Returned  for  the  fifth  Member  John  Hodgson  and  John  Harrold 
equal  Votes  the  said  Poll  being  duly  examined  and  the  Allegations  of 
both  partys  heard  and  fully  understood  the  house  is  (jf  opinion  that  the 
said  John  Harrold  is  the  Member  legally  chosen  to  sit. 

Whereupon  a  Message  was  sent  to  his  Excell^  the  Governour  to  appoint 
such  Members  of  the  Council  as  he  thought  proper  for  his  qualification 
and  there  came  M''  Secretary  Rice  and  Eleaz'  Allen  Esq'  and  adminis- 
tered the  several  Oaths  and  Test  unto  the  said  John  Harrold  who  took 
and  subscribed  the  same. 

Adjourned  'till  tomorrow  morning. 

Saturday  January  18*     The  house  met  according  to  adjonrnment. 

Ordered  that  Doctor  George  Alleyn  M'  Charles  Denman  M'  Gabriel 
Burnham  M'  Thomas  Lowther  M'  James  Castellaw  M'  Robert  Turner 
M'  George  Roberts  and  M'  Samuel  Swann  to  be  a  Conimitte  to  consider 
his  Excell^''  Speech  and  draw  up  an  Answer  thereto.  The  Petition  of 
M'  Maurice  Moore  to  this  House  was  read  setting  forth  that  at  the  last 
Election  of  Members  to  sit  in  General  Assembly  for  the  Precinct  of 
New  Hanover  at  Brunswick  Town  in  the  said  Precinct  he  had  the  Ma- 
jority of  Votes  but  the  Marshall  who  took  the  Poll  returned  M'  Job 
How  and  the  Poll  being  here  duly  examined  and  the  Allegations  as  well 
of  the  said  Job  How  as  the  said  Maurice  Moore  been  heard  and  the  same 
fully  considered  it  is  the  Oppinion  of  tliis  House  that  the  said  Maurice 
Moore  is  the  legal  Member  by  Majority  of  Votes.     Chosen  to  sit. 

The  House  adjourned  'till  Monday. 


118  COLONIAL  RECOKDS. 


Monday  January  20""     Tlie  house  met  according  to  adjournment. 
The  following  Message  was  sent  to  the  U23per  house  viz' 

To  THE  Hon''''  the  upper  house  op  Assembly  now  sitting 
Several  of  the  Members  returned  to  sit  in  General   Assembly  have 

this  day  appeared  and  wait  for  such  Mem'oers  of  the  upper  house  as  his 

Excell^  the  Governour  hath  been   pleased  to  appoint  for  tlie  qualifying 

the  Members  of  this  house.     By  Order 

JOS  :  ANDERSON  C"  Gen'  Assembly 
Sent  by  M'  Burnham,  M'  Sawyer 

Whereupon  Eleaz'  Allen  Esq''  came  and  administered  tlie  Several 
Oaths  &  Test  unto  the  said  Members  viz'  M'  Maurice  Moor  Jeremia 
Symons  Arthur  Mabson  and  Walter  Lane  who  severally  took  and  sub- 
scribed the  same. 

A  Petition  from  the  Inhabitants  of  Cnrratuck  precinct  was  read  set- 
ting forth  that  Thomas  Lowther  or  some  other  person  stifled  the  writt  of 
Election  so  that  due  notice  was  not  given  them  thereof  the  same  being 
heard  and  none  of  the  Complainants  appearing  to  make  good  the  Charge, 
It  is  here  by  the  house  Ordered  that  the  said  Petition  be  rejected. 

M'  Samuel  Swann  one  of  the  Members  Returned  for  Perquimans 
Precinct  this  day  &  appearing  a  Message  was  sent  to  such  of  the  Mem- 
bers of  the  upper  house  as  his  Excell''  the  Governour  was  pleased  to 
appoint  to  qualify  Members  of  this  house  Whereupon  Eleaz'  Allen  Esq' 
came  and  administered  the  several  Oaths  and  Test  unto  the  said  Sam' 
Swann  who  took  &  subscribed  the  same. 

The  Committee  appointed  to  answer  his  Excell^  the  Governour's 
Speech  made  report~that  they  had  duly  considered  the  same  and  agreed 
to  a  draft  of  a  report  which  was  read  and  laid  [on]  the  table  the  said  report 
being  by  the  house  approved  of  and  ordered  that  the  same  be  fairly  en- 
grossed by  to-morrow  at  Eleven  of  the  Clock. 

Resolved  That  Coll'  James  Millikin  and  M'  Samuel  Sinclair  wait  on 
the  Reverend  M'  John  Bold  Missionary  in  this  Province  and  give  him 
the  thanks  of  this  house  for  performing  divine  Service  and  preaching  a 
Sermon  before  his  Excell^  the  Governor  the  Council  and  General  Assem- 
bly suitable  to  the  Occasion  yesterday. 

The  house  adjourned  'till  tomorrow  morning. 

Tuesday  January  2P'  The  Committee  appointed  to  answer  his  Ex- 
cell^''  Speech  having  fairly  engrossed  the  report  was  again  read  and  Voted 
Nemine  Contradicente  that  the  same  be  accepted  which  is  as  followeth  Viz' 


COLONIAL  RECORDS.  119 


To  his  Excell^  Gabriel   Johnston   Esq'  Captain  General  Govurnoiir  and 
Comander  in  Chief"  in  &  over  his  Majesty's  Province  of  Nortii  Caro- 
lina and  Vice  Admiral  of  the  same. 
The  humble  address  of  the  lower  house  of  Assembly  of  tiie  said  Prov- 
ince. 

We  iiis  Majestys  most  dutyfull  and  Ijoyal  subjects  Members  of  tiie 
lower  house  of  Assembly  do  with  the  greatest  pleasure  Embrace  this 
tirst  oppertunity  of  Congratulating  Your  Excell^  safe  arrival  into  this 
Province  and  with  most  greatfid  hearts  acknowledge  tiie  Royal  goodness 
of  our  Sovereign  shewn  unto  us  in  appointing  a  Gentleman  of  your 
ExcelP"  qualifications  and  Consumate  goodness  to  be  our  Governoiir 
which  has  effectually  delivered  us  from  a  State  of  Tyrrany  and  Oppres- 
sion. 

We  must  beg  leave  to  return  your  Excell^  our  most  unfeigned  thanks 
for  your  kind  expressions  for  our  Welfare  in  your  Speech  to  both  houses 
at  the  opening  of  this  Session  and  for  the  particular  concern  your  Excell^ 
expresses  at  the  disorders  and  confusion  you  found  this  poor  unhappy 
Country  under  which  nothing  but  the  happy  arrival  of  your  Excell^ 
could  remedy  for  when  liis  Majesty's  Council  and  Patent  Officers  were 
by  Violence  expelled  the  Country  and  Men  of  most  profligate  Characters  , 
placed  in  their  Room  when  the  Superiour  Courts  and  other  Courts  of 
Judicature  were  in  a  great  measure  filled  with  the  Men  of  gross  Igno- 
rance and  known  partiality  what  but  jNIisery  and  ruin  could  be  expected 
from  so  corrupt  Administration  nor  are  these  dismal  consequences  barely 
grounded  on  reason  only  but  experience  some  well  meaning  and  honest 
persons  of  undoubted  good  Characters  being  obliged  to  desert  their  hab- 
itations or  subject  themselves  to  be  prosecuted  as  Rioters  or  what  other 
hard  and  injurious  Titles  those  Profligate  usurpers  were  pleased  to  give 
the  best  of  Actions  even  that  of  appearing  ready  to  defend  the  Laws  of 
their  Country  and  supporting  his  Majesty's  Authority  Invested  in  his 
Officers. 

We  have  no  cause  to  doubt  your  Excell^''  puting  a  Singular  mark  of 
distinction  on  such  persons  who  were  so  ready  to  support  arbitrary  and 
imjust  Government  hitherto  unknown  to  the  British  Constitution.  We 
return  your  Excell^  hearty  thanks  for  Imediately  calling  an  Assembly 
your  readyness  to  redress  Publick  grievances  your  Abhorrence  of  the 
late  Vile  Practices  and  the  Authors  of  them  all  which  gives  us  the 
strongest  hopes  that  the  distracted  State  of  this  poor  province  will  be 
hapily  settled  under  your  Excell^'*  administration. 

We  are  (may  it  please  your  Excell^)  very  ready  to  fall  into  any  Method 
shall  be  projiosed  towards  paying  our  Quit  rents  and  in  such  a  Maner  as 


120  COLONIAL  RECORDS. 


can  consist  with  the  abilitys  of  his  Majesty's  Poor  Tenants  wliich  we 
doubt  not  will  remove  all  Scandalous  reflections  cast  upon  the  Assemblys 
of  this  Province  the  bad  State  of  Our  Currency  is  in  a  great  Measure 
owing  to  the  late  corrupt  Administration  who  neither  would  suffer  the 
Annual  Collections  to  be  made  as  in  the  Act  was  directed  nor  those  Vile 
Persons  who  counterfeited  them  to  be  prosecuted  for  we  are  persuaded 
that  had  the  yearly  payments  to  each  respective  Treasurer  been  made  and 
those  Profligate  Persons  punished  who  counterfeited  them  there  would 
be  scarce  a  sufficiency  to  answer  the  contingent  Charges  of  the  Govern- 
luent,  we  are  very  ready  to  concurr  with  your  Excell^  and  his  Majesty's 
Council  to  Remedy  this  evil  as  also  to  give  such  ample  Encouragement 
to  Navigation  and  raising  such  Manufactures  as  may  open  a  Trade  to 
Great  Britain  and  some  other  the  British  Dominions.  No  I>aws  (May  it 
Pleas  your  Excell^)  can  be  made  Effectual  in  any  Country  to  suppress 
Riots  when  the  Chief  Magistrate  is  the  Principle  Rioter  hut  that  objec- 
tion being  now  removed  we  are  ready  to  pass  any  Laws  shall  be  judged 
necessary  to  put  a  stop  to  future  attempts  of  that  nature.  The  distracted 
State  of  this  Government  will  not  allow  us  to  make  provision  for  your 
Excell^  suitable  to  your  Merit  &  dignity  but  we  hope  the  Assembly  of 
Carolina  will  at  all  times  so  behave  themselves  to  his  Majesty's  Govern- 
our  and  other  Officers  and  contribute  towards  their  Honourable  support 
as  may  evidently  prove  that  they  have  nothing  more  at  heart  than  the 
honour  and  dignity  of  the  Crown  and  the  happyness  of  the  subject  whose 
Interests  by  the  British  Constitution  are  so  Inseperably  conjunct  that  any 
seperation  made  must  terminate  in  the  ruin  of  both  and  shall  at  all 
times  look  on  an}'  attempt  of  that  nature  made  and  its  Authors  with 
the  utmost  Abhorrence  and  detestation. 

WILLIAM  DOWNING  Speaker. 

Ordered  that  the  same  he  tiiirly  transcribed  for  the  house  to  wait  on 
his  Excell^  therewitli  and  the  same  Iteing  fairly  transcribed  was  read 
and  examined. 

Resolved  this  house  wait  on  his  Excell''  the  Governour  tiierewith 
Immediately. 

A  ^^essage  was  sent  to  his  Excell*'  the  G(Jvernour  that  this  house  is 
now  ready  to  wait  on  his  Excell''  with  their  Address  in  answer  to  his 
Excel!'"'  Speech.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

Sent  by  M''  Wynn,  M^^  Dawson 

A  Message  came  from  the  upper  house  acquainting  this  house  that  his 
Excell-*  was  readv  to  receive  tliem  at  the  Council  Chamber. 


COLONIAL  RECORDS.  121 


Whereupon  the  house  in  a  full  body  waited  on  his  Excel  1^  and  after 
having  presented  him  with  their  address  in  Answer  to  his  Speech,  he 
made  the  following  Answer  to  wit 

Gentlemen  I  return  you  hearty  thanks  for  your  dutyfull  and  kind 
address  The  great  regard  you  express  for  his  most  Sacred  Majesty  and 
your  Strong  Assurances  of  Contributing  your  share  to  the  redressing 
the  grievances  of  this  Country  give  me  great  satisfaction  you  may  In- 
tirely  depend  upon  my  ready  Assistance  and  concurrence  in  every  thing 
that  can  establish  the  Peace  promote  the  Trade  and  Increase  the  Riches 
of  this  Province.  GAB  :  JOHNSTON. 

Thomas  Williams  and  James  Foyle  Two  of  the  Members  of  this 
house  appearing  a  Message  was  sent  to  such  Members  of  the  upper  house 
as  his  Excell^  was  Pleased  to  appoint  to  Qualify  the  Members  of  this 
House  Whereupon  Eleaz'  Allen  Esq''  came  and  administered  the  several 
Oaths  and  Test  by  law  appointed  for  the  qualification  of  publick  Officers. 

Ordered  that  M'  William  Badham  M'  Gabriel  Burnham  M'  .James 
Castellaw  M'  Arthur  Williams  M'  Stephens  Lee  M'  Robert  Turner  M' 
Samuel  Sinclair  M'  George  Roberts  M'  Maurice  Moore  and  M'  Samuel 
Swann  be  a  Committee  to  joyn  with  a  Committee  of  the  upper  house  to 
conferr  on  a  bill  for  an  Act  to  be  Intituled  an  Act  to  regulate  and  ascer- 
tain the  payment  of  quit  rents  an  Act  for  Establishing  &  fixing  Circular 
Courts  and  an  Act  for  Regulating  the  Currancy.  And  that  a  Message 
be  sent  to  the  upper  house  thereof    By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly 

Sent  by  M'  Harrold,  M'  Lee. 

On  motion  of  M'  James  Millikin  in  behalf  of  the  Inhabitants  of  that 
part  of  Bertie  Precinct  that  lyes  on  the  South  Side  of  Roanoke  River 
that  a  bill  for  an  Act  to  be  preferred  to  this  house  for  Establishing  that 
part  into  a  precinct  by  the  name  of  Edgcombe  also  on  the  Motion  of 
M'  Maurice  Moore  in  behalf  of  the  Inhabitants  of  Onslow  and  Bladen 
that  a  bill  be  preferred  to  confirm  them  into  seperate  precincts  which 
Motions  are  granted. 

Ordered  that  the  publick  Treasurers  accounts  and  all  other  concerned 
with  publick  Moneys  be  laid  before  this  house  on  or  before  the  fourth 
day  of  next  month  and  Ordered  that  the  sevei-al  and  respective  Treasu- 
rers in  each  Precinct  the  Powder  Receivers  of  each  Port  and  all  others 
concerned  therein  be  by  the  Seargeant  Notifyed  thereof.  Received  a 
Message  from  the  upper  house  viz' 

In  Answer  to  your  Message  this  honse  have  appointed  M'  Secretary 
Rice  El^azer  Allen  and  Cullen  Pollock  Esq"  a  Committee  on  the  affairs 
16 


122  COLONIAL  RECOEDS. 


you  mention  to  joyn  those  of  your  house  who  are  ready  to  attend  Im- 
mediately    By  Order  R.  FORSTER  C»=  upper  house. 

A  Message  was  sent  to  his  Excell''  the  Governour  Viz' 

May  it  please  your  Excell^ 

Your  Excell''  in  your  Speech  have  been  pleased  to  mention  that  some 
of  your  Instructions  are  to  be  communicated  to  this  house. 

Therefore  if  your  Excell^  shall  think  any  of  these  Instructions  need- 
full  to  be  laid  before  us  towai'ds  forming  severall  bills  that  are  now  pro- 
posed or  any  that  may  hereafter  be.  We  are  desirous  to  have  them  now 
laid  before  us.     By  Order 

JOS:  ANDERSON  C"'  Gen'  Assembly 

Sent  by  M"'  Turner,  M'  Sinclair. 

Upon  Return  of  the  said  Message  his  Excell^  was  pleased  to  say  that 
a  Copy  of  such  Instructions  should  be  laid  before  this  house  tomorrow 
morning. 

This  house  having  taken  into  their  Consideration  the  Members  re- 
turned for  the  New  Precincts  are  of  Oppinion  that  those  Members  are 
not  qualified  to  sit  in  General  Assembly  untill  these  Precincts  be  Estab- 
lished and  Confirmed  by  the  Sanction  of  a  Law.  Resolved  that  the 
Persons  so  returned  be  not  admitted  Members  of  this  house. 

The  house  Adjourned  'till  tomorrow  morning. 

Wednesday  January  22*     The  house  met  according  to  Adjournment. 
Received  a  Message  from  his  Excell^  the  Governour  Viz' 

Edenton  January  22*  173|- 
Gentlemen, 

In  answer  to  your  Message  of  yesterday  by  Mess"  Turner  and  Sin- 
clair I  now  Inform  you  that  besides  a  repetition  of  the  Instructions 
which  in  my  predecessors  were  No.  19,  31,  42,  61,  63,  75,  76,  114  and 
which  I  understand  are  already  Registered  in  your  books  I  have  but  two 
more  which  I  think  proper  at  this  time  to  lay  before  you. 

N°  15  You  are  to  observe  in  the  Passing  of  Laws  that  the  stile  enact- 
ing the  same  be  by  the  Governour  Council  &  Assembly  you  are  also  as 
much  as  possible  to  observe  in  the  Passing  of  all  Laws  that  whatever  may 
be  requisite  upon  each  different  Matter  be  accordingly  provided  for  by  a 
different  Law  without  intromixing  in  one  and  the  same  Act  such  things 
as  have  no  proper  relation  to  each  other  and  you  are  more  especially  to 
take  care  that  no  Clause  or  Clauses  be  inserted  or  annexed  to  any  Act 
which  shall  be  forreign  to  what  the  title  of  such  respective  Act  Imports 


COLONIAL  RECORDS.  123 


and  that  no  perpetual  Clause  be  made  part  of  any  Temporary  Law  and 
that  no  Act  whatsoever  be  suspended,  altered,  revived,  confirmed,  or 
repealed  by  general  words  but  that  the  Title  and  date  of  such  Act  so 
suspended  altered  revived  Confirmed  or  Repealed  be  particularly  men- 
tioned and  expressed. 

N°  21.  Whereas  Acts  have  been  Passed  in  some  of  Our  Plantations 
in  America  for  striking  bills  of  Credit  and  Issuing  out  the  same  in  Lieu 
of  Money  in  order  to  discharge  their  Publick  debts  and  for  other  pur- 
poses from  whence  several  Inconveniencys  have  arisen  It  is  therefore 
Our  Will  and  Pleasure  that  you  do  not  give  your  Assent  to  or  pass  any 
Act  in  our  Province  under  your  Government  whereby  bills  of  credit 
may  be  struck  or  Issued  without  a  Clause  to  be  inserted  in  such  Act 
declaring  that  the  same  shall  not  take  effect  untill  the  said  Act  shall 
have  been  approved  or  Confirmed  by  us  Our  heirs  or  Successors  It  is 
also  Our  Will  and  Pleasure  that  you  doe  Immediately  send  an  Account 
unto  us  and  to  our  Commissioners  for  Trade  and  Plantations  whither 
any  paper  bills  be  now  currant  in  North  Carolina  and  if  any  to  the 
amount  of  what  sum  and  what  fund  is  provided  for  sinking  them  as 
likewise  whither  the  same  be  at  any  and  what  discount  and  for  what 
they  are  Currant. 

Other  Instructions  I  have  to  lay  before  you  on  proper  Immergencys 
therein  prescribed  some  of  which  are  founded  upon  the  supposed 
Obstinacy  and  untractableness  of  former  Assemblys  which  I  am  confi- 
dent I  shall  never  have  the  Mortification  to  be  under  a  necessity  of  pro- 
ducing to  an  Assembly  so  well  disposed  as  this  is  to  settle  his  Majesty's 
and  the  Country's  Interest.  GAB  :  JOHNSTON. 

Pursuant  to  a  former  Order  of  Assembly  made  at  an  Assembly  begun 
and  held  for  the  said  Province  at  Edenton  the  IS""  day  of  April  1731 
Coll"  Edward  Moseley  came  into  the  house  and  delivered  to  the  Speaker 
the  Grand  Deed  of  Albemarle  County. 

Peter  Young  produced  here  a  Conmiission  from  his  E.xcell^  the  Gov- 
eruour  appointing  him  Searjant  at  Arms  which  was  read  and  the  said 
Peter  thereupon  received  And  then  the  said  Searjant  produced  Thomas 
Penrice  Door  Keeper  of  wliome  the  house  approved. 

Zebulon  Clayton  one  of  the  Members  Returned  for  Perqnimons  Pre- 
cinct appearing  a  Message  was  sent  to  the  upper  house  tliereof. 

Whereupon  Eleazer  Allen  Esq'  came  &  administered  the  several 
Oaths  and  Test  by  Law  appointed  for  the  qualification  of  publick  offi- 
cers unto  him  who  took  and  subscribed  the  same. 

The  Petition  of  Constance  Williamson  was  read  setting  forth  that  some 
years  agoe  She  had  two  Negro  Slaves  (londemned  and  executed  by  Order 


124  COLONIAL  RECORDS. 


&  Judgment  of  a  Court  of  Justice  and  freeholders  in  Bertie  Precinct  and 
only  valued  at  eighty  five  pounds  and  no  part  of  the  said  sum  paid. 
Prayeth  that  this  house  would  take  her  grievance  into  their  Considera- 
tion. Whereupon  it  is  Ordered  that  the  same  be  referred  to  the  Com- 
mittee of  Claims. 

A  bill  for  an  Act  to  Establish  that  part  which  was  formerly  of  Ber- 
tie Precinct  and  lyes  on  the  South  side  of  Roanoke  River  a  precinct  by 
tlie  name  of  Edgcombe  was  read  aud  refferred  for  furthei'  Consideration. 

A  Petition  of  the  Inhabitants  of  North  East  Parish  of  Pasquotank 
praying  that  that  Parish  be  Established  into  a  seperate  precinct  was 
read  and  refferred. 

Also  a  petition  of  the  Inhabitants  of  Bear  River  to  be  Established 
into  a  Seperate  precinct  from  Beaufort  and  Craven  precincts  was  read  and 
refferred. 

The  house  adjourned  'till  tomorrow  morning. 

Thursday  January  2.3''     The  house  met  according  to  adjournment. 

Ordered  that  M'  William  Badham  Doctor  George  Alleyn  M'  Ciiarles 
Westbere  M'  Zebulon  Clayton  M'  John  Dawson  and  M'  Arthur  Mab-  " 
son  be  a  Cofnittee  to  joyn  a  Committee  of  the  upper  house  to  Examine 
into  the  Publick  accounts  and  report  the  same  to  this  house. 

Sent  to  the  upper  house  for  Concurrence. 

By  Order  JOS:  ANDERSON  O"  Gen'  Assembly. 

By  Col'  Bonner,  M'  Tho»  Luten 

Doctor  Patrick  Maule  one  of  the  Members  Returned  for  Beaufort 
Precinct  this  day  appeared  and  was  Qualified  before  M'  Secretary  Rice 
as  also  the  Searjant  and  Door  Keeper  of  this  house. 

Adjourned  'till  tomorrow  morning. 

Fryday  January  24"'     The  house  met  according  to  adjournment. 
Received  the  following  Message  Jrom  the  upper  house. 

M'  Speaker  and  Gentlemen, 

This  house  have  appointed  Edmond  Porter  and  Eleazer  Allen  Esq"  to 
iovn  tlie  Committee  by  you  appointed  to  examine  the  Publick  Accounts. 
By  Order.  R.  FORSTER  C :  u  :  h  : 

Upon  a  Motion  of  M''  Maurice  Moore  that  the  three  following  Bills 
be  preferred  viz' : 

A  Bill  for  an  Act  to  appropriate  the  Powder  Money  for  buoying  Out 
and  beaconing  the^Channels.     A  Bill  for  laying  Out  making  altering  and 


COLONIAL  RECORDS.  125 


keeping  in  repair  the  several  Roads  and  highways  within  the  several  pre- 
cincts in  County  of  Bath  for  building  bridges  cleansing  and  keeping 
clean  the  Several  Rivers  and  Creeks  within  the  same. 

A  Bill  for  regulating  Elections  and  Members  of  Assembly. 

Which  motion  is  granted. 

Adjourned  'till  tomorrow  morning. 

Saturday  January  25""     Met  and  adjourned  'till  Monday. 

Monday  January  27"'     The  house  met  according  to  adjournment. 
Sent  a  Message  to  the  upper  house  in  the  words  (to  wit) 

To  THE  Hon*'"  the  upper  house  of  Assembly  now  Sitting 

Whereas  it  is  found  necessary  during  the  sitting  of  tliis  Session  that 
Messengers  be  sent  to  the  Several  Precinct  Treasurers  Powder  Receivers 
and  others  concerned  with  Publick  moneys  it  is  therefore  Resolved  That 
the  sum  of  Sixty  pounds  be  drawn  out  of  the  Publick  Treasury  to 
defray  the  Charges  of  such  Messages  and  that  the  same  be  lodged  in  the 
hands  of  the  Speaker  he  accounting  at  the  end  of  this  Session  how  and 
in  what  manner  the  same  is  disposed  and  that  his  Exceil-''  the  Governour 
be  desired  to  grant  his  Warrant  to  the  Publick  Treasurer  fijr  the  pay- 
ment thereof.     Sent  to  the  upper  House  for  concurrence. 

By  Order  JOS :  ANDERSON  C"'  Gen'  Assembly. 

By  Doct'  Alleyn,  M'  Swann 

Which  Message  the  upper  house  i-eturned  with  the  following  Indorse- 
ment Viz' 

Read  in  the  upper  house  &  concurred  witii  and  sent  to  his  Exceil^  by 
M'  Seci-^  &  Edward  Moseley  Esq' 

By  Ord  :  R.  FORSTER  C"  upp'  House. 

Assents  GAB:  JOHNSTON 

Ordered  that  for  the  future  no  Message  shall  be  received  in  this  House 
from  any  of  the  Comittees  unless  it  be  by  the  Order  of  such  Committees 
and  delivered  in  writing  by  one  of  them. 

The  Committee  reported  to  the  House  that  they  had  agreed  to  a  draft 
of  a  Bill  for  an  Act  for  providing  his  Majesty  a  Rent  Roll  for  Securing 
his  Majesties  Quit  rents  for  remission  of  the  arrears  of  Quit  rents  for 
quieting  the  Inhabitants  in  their  Possessions  and  for  the  better  settlement 
of  his  Majesties  Province  of  North  Carolina  which  is  refferred  for  the 
consideration  of  the  house. 

Adjourned  'till  tomorrow  morning. 


126  COLONIAL  RECORDS. 


Tuesday  January  28""     The  House  met  according  to  adjournment. 

The  draft  of  the  Bill  for  an  Act  for  providing  his  Majesty  a  Rent  Roll 
&c.  being  under  the  Consideration  of  the  House  and  after  having  made 
several  Amendments  thereto  was  read  the  first  time  and  passed.  Sent  to 
the  upper  House.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

By  Zeb:  Clayton,  Rich''  Skinner. 

The  House  adjourned  'till  tomorrow  Morning. 

Wednesday  January  29""     The  House  met  according  to  adjournment. 

A  Bill  for  Laying  Making  altering  and  Keeping  in  repair  the  Several 
Roads  and  highways  within  the  several  Precincts  of  the  County  of  Bath 
for  building  bridges,  cleansing  and  keeping  clean  the  several  1  Rivers  and 
Creeks  within  the  same     Ordered  that  the  same  lye  for  consideration. 

The  House  adjourned  'till  tomorrow  Morning 

Thursday  January  SO""     The  House  met  according  to  adjournment. 

Ordered  That  Co"  Henry  Bonner  M'  Samuel  Swann  Junior  M'  Zeb' 
Clayton  and  M'  Samuel  Sinclair  be  a  Committee  to  consider  of  the  Bill 
for  Roads  &c.  in  the  county  of  Bath  which  yesterday  was  refterred  for 
the  Consideration  of  the  House  and  to  report  the  same. 

The  House  adjourned  'till  tomorrow  Morning. 

Fryday  January  .3P'     The  House  met  according  to  adjournment. 

Read  a  Bill  for  an  Act  for  repealing  a  Clause  in  an  Act  Intituled  an 
Act  relating  to  Biennial  and  other  Assemblys  which  Impowers  freemen 
of  the  Several  Precincts  to  Vote  for  Members  of  Assembly  and  declar- 
ing what  Persons  shall  be  qualified  to  Vote  for  Members  to  sit  in  Gen- 
eral Assembly  and  also  tiie  Qualification  of  Members  for  the  future  the 
first  time  and  Passed.     Sent  to  the  Upper  House     By  Order 

JOS :  ANDERSON  C"  Gen'  Assembly. 

By  Messrs  Denman  &  Swann 

Received  from  the  upper  House  the  Bill  for  providing  his  Majesty  a 
Rent  Roll  &c.  Indorsed  read  in  the  upper  House  and  passed  the  first 
time  with  amendments.     By  Order 

R.  FORSTER  C"  upper  house. 

A  Bill  for  an  Act  for  establishing  and  fixing  Supream  Courts  in  this 
Province  and  for  enlarging  the  Power  of  the  Precinct  Courts  was  read 
the  first  time  and  jjassed.     Sent  to  the  upper  House.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

By  Messrs  Long  &  Burnham 


COLONIAL  RECORDS.  127 


A  Bill  for  an  Act  for  establishing  that  part  of  Bertie  precinct  on  the 
South  Side  of  Roanolie  River  into  a  Precinct  by  the  name  of  Edgcombe 
was  read  the  first  time  and  passed.     Sent  to  the  upper  House 

By  Order  JOS :  ANDERSON  C'^  Gen'  Assembly 

By  Messrs.  Long  &  Burnham 

A  Bill  for  au  Act  for  appropriating  the  Powder  Money  towards  the 
fortifying  beaconing  and  Buoying  out  the  Several  Ports  or  Channels  in 
this  Province  and  for  Impluying  of  Pilotes  was  read  the  first  time  and 
passed.     Sent  to  the  upper  House     By  Order 

JOS :  ANDERSON  C"  Gen'  Ass"-^. 

By  Messrs  Sawyer  &  Symons 

Received  from  the  upper  House  the  following  Bills  viz' 
The  Bill  for  regulating  Elections  &  Members  &c.  Indorsed  Read  in 
tiie  upper  House  the  first  time  and  passed  with  amendments. 

By  order  R.  FORSTER  C"  upper  House. 

The  Bill  for  Establishing  that  part  of  Bertie  precinct  on  the  South 
Side  of  Roanoke  River  by  the  name  of  Edgcombe  Indorsed  Read  in 
the  upper  House  the  first  time  and  passed  with  amendments. 

By  Order  R.  FORSTER  C"  upper  House. 

Also  the    Bill   for  appropriating  the   Powder   Money   &c.  Indorsed 
Read  in  the  upper  House  the  first  time  and  passed   with  amendments. 
By  Order  R.  FORSTER  C"  upper  House. 

Adjourned  'till  tomorrow  Morning. 

Saturday  February  1"     The  House  met  according  to  adjournment. 
The  Bill  for  appropriating  the  Powder  Money  &c  was  read  a  Second 
time  and  passed  with  amendments. 
Sent  to  the  upper  House.     By  order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

The  Bill  for  Establishing  that  part  of  Bertie  Precinct  on  the  South 
side  Roanoke  River  by  the  name  of  Edgcombe  was  read  a  Second  time 
and  passed  with  Amendments.     Sent  to  the  upper  House. 

By  Order  JOS :  ANDERSON  C"  Gen'  Assembly. 

The  Bill  for  regulating  Elections  and  Members  &c  was  read  a  Second 
time  and  passed  with  amendments.     By  Order 

JOS :   ANDERSON  C"  Gen'  Assembly. 
The  House  adjourned  'till  Monday  Morning. 


128  COLON  li\L  RECORDS. 


Monday  February  3*     The  House  met  according  to  adjournment. 
The  three  Bills  that  were  read  a  Second  time  in  the  House  on  Satur- 
day last  were  sent  to  the  upper  House.     By  Order 

JOS :  ANDERSON  C"  Gen'  Assembly 
By  Mess"  Caleb  Sawyer,  Dan'  Sawyer 

The  Petition  of  the  Inhabitants  of  the  North  East  Parish  of  Pasquo- 
tank was  a  Second  time  read  for  establishing  that  part  into  a  Precinct 
with  the  rights  and  priviledges  of  other  precincts  of  Albemarle  County 
Ordered  that  a  Bill  be  prepared  for  the  same. 

The  Petition  of  the  Inhabitants  of  Bear  River  was  again  read  the  con- 
sideration thereon  is  at  the  Instance  of  Doctt>r  Pat:  Maule  refferred  'till 
Wednesday  next. 

A  Bill  for  an  Act  to  Confirm  and  establish  the  Precincts  of  Onslow 
and  Bladen  was  read  the  first  time  and  Passed.     By  Order 

JOS :  ANDERSON  C"  Gen'  Assembly 

By  Mess"  Caleb  Sawyer,  Dan'  Sawyer 

A  Bill  for  an  Act  to  Establish  a  ferry  on  Meherrin  River  to  Eliza- 
beth Cheshire's  was  read  the  first  time  and  passed 

A  Bill  for  an  Act  to  establish  a  ferry  on  the  West  side  of  Blackwater 
to  Thomas  Page's  was  read  the  first  time  and  passed 

A  Bill  for  an  Act  for  establishing  a  ferry  on  Roanoke  River  to  Wil- 
liam Killinsworth's  was  read  the  first  time  and  passed. 

The  said  three  bills  sent  to  the  upper  House     By  Order 

JOS :  ANDERSON  C'"  Gen'  Assembly. 

By  Mess"  Caleb  Sawyer,  Dan'  Sawyer 

The  Petition  of  Thomas  Wain  Darby  M'  Carty  Simon  Foscue  John 
Lingfield  Henry  Lambertion  Tliomas  Williams  Jos.  Wright  William 
Jackson  and  James  McDaniel  to  be  exempted  from  Publick  Duty  were 
read  and  granted  and  Ordered  That  the  C""  Certify  to  each  of  them  the 
same. 

Adjourned  'till  tomorrow  Morning 

Tuesday  February  4""     The  House  met  according  to  adjournment. 
Reed  from  tiie  upper  House  tiie  following  Bills  Viz' 
A  Bill  for  regulating  Elections  and   Members  &c.  Indorsed  Read  in 
the  upper  House  a  Second  time  and  passed  with  amendments. 

By  Order  R.   FORSTER  C"  upper  House. 

A  Bill  for  Establishing  that  part  of  Bertie  Precinct  on  the  South  Side 
Roanoke  River  into  a  precinct   by  the   name  of  Edgcombe.  Indors«l 
Read  in  the  upper  House  a  Second  time  and  passed  with  Amendments. 
By  Order  R.  FORSTER  C"^  upper  House, 


COLONIAL  RECORDS.  ]2!t 


A  Bill  for  confirming  the  Precincts  of  Onslow  &  Bladen  Inrlorsefl 
Read  in  the  upper  House  the  first  time  and  passed. 

By  Order  R.  FORSTER  C"  upper  House. 

A  Bill  for  appropriating  the  Powder  Money  &c.  Indorsed  Read  in 
the  upper  House  a  Second  time  and  passed  with  amendments. 

By  Order  R.  FORSTER  C"  upper  House 

The  Bill  for  providing  his  Majesty  a  Rent  Roll  &c.  was  read  a  Second 
time  and  passed  with  amendments.     Sent  to  the  upper  House. 

By  Order  JOS:  ANDERSON  C"'  Gen'  Assembly 

By  Mess"  Maurice  Moore,  Sam'  Swann 
Adjourned  'till  tomorrow  Morning 

Wednesday  February  5""     The  House  met  according  to  adjournment. 

Received  from  the  upper  House  the  Bill  for  Providing  his  Majesty  a 
Rent  Roll  &c.  Indorsed  Read  in  tiie  upper  House  a  Second  time  and 
passed  with  amendments.     By  Order 

R.  FORSTER  C"  upper  House. 

The  Committee  reported  to  the  house  that  they  had  agreed  to  a  draft 
for  an  Act  to  regulate  the  Currency  of  the  Province  which  was  read  and 
approved  of    Ordered  that  the  same  be  fairly  transcribed. 

The  Petition  of  the  Inhabitants  of  Bear  River  to  be  established  into 
a  Seperate  Precinct  from  Beaufort  and  Craven  Precincts  being  again  read 
according  to  an  Order  of  this  House  on  Monday  last  and  the  arguments 
thereon  heard  and  fully  understood  Voted  that  the  said  Petition  be 
rejected. 

A  Bill  for  an  Act  Impowering  the  Justices  of  Hyde  Precinct  to  raise 
a  Poll  Tax  on  the  Inhabitants  of  said  Precinct  as  will  defray  the  charges 
in  building  a  Court  House,  Prison  &  for  Purchasing  land  for  the  Same 
was  read  the  first  time  and  passed     Sent  to  the  upper  House. 

By  Order  JOS :  ANDERSON  C"  Gen'  Assembly. 

By  Mess"  Lowther,  Carou 

A  Bill  for  an  Act  to  Establish  the  North  East  Parish  of  Pasquotank 
into  a  Precinct  was  read  the  first  time  and  passed. 

By  Order  JOS:  ANDERSON  C"'  Gen'  Assembly. 

Sent  by  Mess"  Lowther,  Caron 

The  Bill  regulating  Elections  and  Members  &c.  was  read  the  third 
time  and  passed  with  amendments.     Sent  to  the  upper  House. 

By  Order  JOS:  ANDERSON  C"  Gen' Assembly. 

By  Mess"  Lowtlier,  Caron 
17 


130  COLONIAL  EECORDS. 


A  Bill  for  confirming  Onslow  and  Bladen  Precincts  was  read  a  Second 
time  and  passed  with  amendments.     Sent  to  the  upper  house. 

By  Order  JOS:  ANDERSON  C"  Gen'  Assembly. 

By  Mess"  Lowther,  Caron 

The  Bill  for  establishing  that  part  of  Bertie  Precinct  on  the  South 
Side  of  Roanoke  River  into  a  Precinct  by  the  name  of  Edgcombe  was 
read  a  third  time  and  passed.     Sent  to  the  upper  House. 

By  Order  JOS :  ANDERSON  C"  Gen'  Assembly 

By  Mess"  Williams,  Caron 

A  Bill  for  stamping  and  exchanging  the  present  Bills  of  Currency  of 
this  Province  and  for  the  better  explaining  an  Act  of  General  [Assem- 
bly] passed  the  27""  day  of  November  1729  Intituled  an  Act  for  making 
and  emitting  the  sum  of  fourty  thousand  pounds  Publick  Bills  of  Credit 
of  North  Carolina  was  read  the  first  time  and  passed.  Sent  to  the  upper 
House.     By  Order  JOS :  ANDERSON  C"  Gen'  Assembly. 

By  Mess"  Castellaw,  Williams 

The  Petition  of  Stephen  Goolde  Late  Powder  Receiver  at  Port  Bath 
was  read  setting  forth  that  he  was  under  arrest  and  imprisoned  by  M' 
Burrington  the  late  Governour  for  the  Moneys  that  became  due  to  the 
Publick  from  tiie  said  Office  and  by  which  confinement  is  rendered  inca- 
pable of  ]>aying  that  del)t  and  therefore  prayeth  that  he  be  discharged  of 
the  Imprisonment  and  the  House  having  taken  the  said  Petition  under 
their  Consideration  sent  the  following  Message  to  the  upper  House  to  wit 

To  THE  Hon'''"  the  Members  of  the  upper  house  of  Assembly 

NOW  SITTING 

Whereas  a  Petition  hath  been  exhibited  to  this  House  by  Stephen 
Goolde  Late  Powder  Receiver  at  Port  Bath  setting  forth  that  on  or  about 
the  first  day  of  August  1733  he  was  arrested  and  Imprisoned  by  Virtue 
of  a  Warrant  signed  by  M'  Burrington  for  the  Moneys  that  became  due 
to  the  Publick  from  the  said  Office  being  about  four  hundred  pounds 
and  ever  since  remained  a  Prisoner  and  thereby  rendereil  Insolvent  and 
that  he  be  discharged  from  his  Confinement. 

This  House  having  duely  considered  the  same  find  that  the  said  Goolde 
was  appointed  to  that  Office  by  Governour  Burrington  without  the  con- 
sent of  either  Council  or  Assembly  and  that  at  the  time  of  his  appoint- 
ment M""  Edward  Salter  then  executed  that  Office  by  order  of  the  Gov- 
ernour Council  and  Assembly  and  had  given  Security  for  the  same  pur- 
suant to  the  directions  of  an  additional  Act  to  an  Act  Intituled  an  Act 


COLONIAL  RECORDS.  l:!l 


for  the  qnalification  of  Publick  Officers  and  are  of  oppinioii  (that  as  M' 
Burrington  Illegally  appointeil  him  to  that  office  ami  without  taking 
Security  whereby  the  Country  is  defeated  of  recovering  the  said  Moneys 
from  him  being  Insolvent)  that  M'  Burrington  may  be  answerable  for 
such  defeciencys. 

We  desire  your  oppinion  how  and  in  what  Manner  this  money  is  to  be 
recovered  and  whether  M'  Goolde  ought  not  to  be  discharged 

By  Order  JOS:  ANDERSON  C"  Gen'  Assembly. 

Adjourned  'till  tomorrow  Morning. 

Thursday  February  6""     The  House  met  according  to  adjournment. 

Received  from  the  upper  House  the  Bill  for  an  Act  for  Stamping  and 
exchanging  the  Present  Currency  &c.  Indorsed  Read  in  the  upper  House 
the  first  time  and  passed  with  amendments.     By  Order 

R.  FORSTER  C"  upper  House. 

Adjourried  'till  tomorrow  morning 

Fryday  February  7*.     The  House  met  according  to  adjournment. 
The  Message  concerning  M'  Goolde  was  this  day  Sent  to  the  upper 
House. 

Adjourned  'till  tomorrow  Morning 

Saturday  February  S""     The  House  met  according  to  adjournment 

Ordered  That  Coll"  Henry  Bonner  M"'  Charles  Denman  M'  Arthur 
Williams  M"  Robert  Turner  and  M"'  Sam'  Swann  be  &  are  hereby  ap- 
pointed tu  be  a  Committee  to  joyn  such  members  of  the  upper  House  as 
shall  be  appointed  to  examine  the  account  of  Claims  and  report  the  Same 
Sent  for  Concurrence     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

By  Messrs  Lee,  Harrold 

Adjourned  'till  Monday  Morning. 

Monday  February  lO"".     The  House  met  according  to  adjournment. 
Reed  a  Message  from  the  upper  House  viz' 

M"'  Speaker  and  Gent' 

In  answer  to  your  Message  on  Fryday  last  relating  to  M''  Goolde  We 
are  of  oppinion  that  that  affair  be  Laid  before  his  Majesty's  Attorney 
General  to  know  how  farr  M'  Burrington  is  Liable  for  the  Loss  of  the 
Money  received  by  Goolde  We  shall  therefore  consult  him  upon  it  and 
send  you  down  his  opinion  thereon. 

And  pursuant  to  your  I'esolve  on  Saturday  Last  of  a  Committee  of 
your  House  on  Claims.  We  have  appointed  M'  Cheif  Justice  and  Eleazer 
Allen  Esq™  a  Committee  of  our  house  to  joyn  that  of  yours. 

Bv  Order       "   "  W :  SMITH  President. 


132  COLONIAL  RECORDS. 


Ordered  that  M'  Turner  and  M'  Swann  wait  on  the  Reverend  M' 
John  Garzia  with  the  thanks  of  this  House  for  performing  divine  Ser- 
vice before  his  Excell^  the  Governour  Council  and  Assembly  Yesterday 
and  Voted  that  the  Sum  of  twenty  pounds  be  paid  to  him  out  of  the 
Publick  Treasury  for  the  same  and  that  his  Excell^  the  Governour  be 
desired  to  Issue  his  Warrant  for  the  payment  thereof 

Sent  to  the  upper  House  for  Concurrence. 

Adjourned  'till  tomorrow  Morning. 

Tuesday  February  ll"".     The  House   met  according  to  adjournment. 

The  Bill  for  providing  his  Majesty  a  Rent  Roll  &c.  was  read  a  third 
time  and  passed  with  Amendments  and  sent  to  the  upper  House  with 
the  following  Message  viz' : 

To   THE  HONO"°   THE   COUNCIL 

On  passing  the  Bill  from  this  House  concerning  the  payment  of  his 
Majesty's  Quit  Rents  we  are  concerned  to  find  by  your  amendments  of 
that  Bill  that  you  expect  the  People  should  be  obliged  to  bring  their  rents 
to  so  very  few  places  as  four  in  so  large  and  extensive  a  Province  as  this 
is  a  Burthen  too  heavy  for  the  People  to  bear  and  such  we  hope  his 
Majesty  never  Expects. 

Rents  are  always  payable  on  the  Land  (unless  an  express  Agreement 
to  the  Contrary)  and  so  the  payments  have  been  always  made  in  this 
Province  as  well  as  in  both  tlie  Neighbouring  Governments  of  Virginia 
and  South  Carolina.  In  Virginia  where  the  Rents  are  payable  in  To- 
bacoe  the  Collectors  went  about  from  house  to  house  and  received  the 
same  in  that  bulky  and  perishable  Commodity  without  any  Charge  to 
the  Owner  of  the  Land  and  even  now  of  Late  since  the  year  1730 
altho  it  is  Provided  by  a  Law  in  that  Province  that  the  Tobaco  due  for 
Rents  shall  be  inspected  yet  allowance  is  made  to  those  who  pay  rents  by 
Tobacoe  Inspected  according  to  the  different  Situations  of  places  some 
30  "^  per  cent  and  none  less  than  10  ^  cent  by  which  it  is  very  evident 
that  the  Charge  of  Carryage  never  lay  on  the  Persons  paying  rents. 

Wherefore  we  are  of  opinion  that  in  the  bill  we  now  oifer  as  we  pro- 
pose to  pay  the  rents  in  a  very  few  of  our  best  Commoditys  at  certain 
places  on  Navigable  waters  without  any  allowance  made  for  Carryage 
thereof  and  those  places  not  near  so  many  as  are  allowed  in  Virginia 
altho  this  Province  is  twice  as  large  as  that  We  shew  our  dutiful) ness  to 
his  Majesty  by  saving  a  very  considerable  cliarge  and  expence  of  Collec- 
tion which  we  do  not  understand  that  his  Majesty  has  either  directed  or 
expects  should  be  done  at  the  expence  of  the  Inhabitants  of  this  Province. 


COLONIAL  RECORDS.  133 


This  Proposal  we  now  offer  to  make  his  Majesty's  Revenue  by  Quit 
Rents  more  Valuable  we  hope  all  will  be  accepted  when  it  shall  be  con- 
sidered that  by  the  Ancient  Laws  and  usage  of  this  Province  the  rents 
were  always  payable  in  the  Products  of  the  Country  and  collected  by  the 
Lords  prop"  Officers  and  as  Our  Laws  now  stand  the  rents  are  payable 
in  Nineteen  different  Commoditys  and  those  at  such  prices  as  would  make 
his  Majesties  Revenue  much  less  than  what  we  now  offer  as  appears  by 
the  Law  Intituled  Staple  Commodities  Rated  passed  in  the  Year  1715 
which  Ijaws  are  agreeable  to  the  Laws  that  were  in  force  before  that  time 
as  there  is  a  Law  already  for  appointing  Registers  in  each  Precinct  in 
this  Government  and  most  part  of  the  Lands  already  Registered  especially 
Such  as  are  held  by  Deed  or  Mesne  Conveyance  We  conceived  it  would 
be  both  most  easy  as  well  as  the  most  ready  way  for  Obtaining  a  Rent 
Roll  by  the  Method  we  proposed  in  this  Bill  Wherefore  We  hope  his 
Majesty  will  graciously  Accept  of  our  best  endeavours  and  direct  the 
passing  the  bill  when  the  same  shall  be  laid  before  him. 

By  Ord :  W.  DOWNING  Speaker. 

The  Petitions  of  William  Jones  and  Robert  Barnes  praying  to  be 
freed  from  Publick  Duty  were  read  and  granted  Ordered  that  the  CI'"" 
Certifie  to  them  the  same. 

Adjourned  'till  tomorrow. 

Wednesday,  February  12"'  The  House  met  according  to  adjourn- 
ment. 

The  Bill  for  appropriating  the  Powder  Money  &c.  was  read  a  third 
time  and  passed  with  amendments  &  Sent  to  the  upper  House. 

Reed  from  the  upper  House  the  following  Message  Viz' 

M'  Speaker  and  Gent. 

On  reading  the  Bill  for  qualification  of  Members  of  Assembly  &c.  We 
find  the  preamble  not  fully  explained  as  We  think  it  ought  We  have 
therefore  made  some  alteration  in  it  which  we  send  down  for  your  Appro- 
bation before  We  add  it  to  the  bill  this  being  the  Last  reading. 

By  Ord :  R.  FORSTER  C"  upper  House. 

Reed  from  the  upper  House  the  two  following  Bills  viz' 

A  Bill  for  establishing  tlie  North  East  Parish  of  Pasquotank  into  a 

Precinct  Indorsed.  Read  in  the  upper  House  the  first  time  and  passed 

with  Amendments. 

A  Bill  to  confirm  the  Precincts  of  Onslow  &  Bladen  Indorsed  Read 

in  the  up{)er  House  a  Second  time  &  passed. 


134  COLONIAL  RECORDS. 


The  Bill  for  Stamping  and  exchanging  the  Present  Cnrrency  was  read 
a  Second  time  and  passed  with  amendments  and  sent  to  the  upper  House. 

Also  the  Bill  for  establishing  the  North  East  Parish  of  Pasquotank 
into  a  precinct  was  Read  a  Second  time  and  passed.  Sent  to  the  upper 
House 

Reed  from  the  upper  House  the  Bill  for  providing  liis  Majesty  a  Rent 
Roll  &c.  Indorsed  Read  in  the  upper  House  a  third  time  and  rejected 
with  the  following  Message  Vizt. 

M'  Speaker  &  Gent,  of  the  Assembly. 

We  are  sorry  to  find  you  have  after  This  your  Last  reading  sent  up 
the  bill  for  payment  of  liis  Majestys  Quit  Rents  so  clogged  that  we  are 
under  a  necessity  of  Rejecting  it  If  you  thought  the  places  of  payment 
as  they  stand  in  our  amendments  too  few  you  had  it  in  your  power  to 
have  made  it  as  easy  to  the  people  as  you  please  provided  you  had  not 
done  it  at  the  King's  expence  and  in  this  the  people  in  Virginia  whom 
you  quote  as  a  Precideut  have  Chaulked  out  the  way  for  you  We  grant 
you  that  an  allowance  is  made  to  the  people  in  that  Province  paying 
Inspected  Tobacco  some  thirty  "^  cent  and  none  under  ten  ^  cent 
according  to  the  remoteness  of  their  situation  ;  but  then  grant  it  had 
been  fair  to  have  Taken  Notice  that  all  these  allowances  are  made  up  by 
every  Assembly  to  the  Receiver  General  who  receives  tiie  Crown  rents 
(as  is  most  just)  Intire  and  Compleat.  If  you  had  taken  any  such 
Method  as  this  to  ease  the  People  we  should  have  complyed  with  great 
Chearfulness  but  to  Prescribe  to  his  Majesty  such  a  manner  of  collecting 
his  just  rents  as  by  the  most  Modest  Computation  will  oblige  him  to 
spend  one  half  in  recovering  the  other  is  in  our  opinion  neither  better 
nor  worse  than  Making  an  Act  to  oblige  his  Majesty  to  take  but  one 
lialf  of  his  Quit  rents  and  whatever  hopes  you  may  have  conceived  of 
what  his  Majesty  expects  we  are  well  assured  that  he  does  not  expect 
and  his  right  to  have  his  Quit  rents  paid  nett  into  the  Receiver  Generals 
hands  and  as  his  Majesty  Purchased  the  Soil  for  a  A'^aluable  Considera- 
tion and  by  an  Act  of  Parliament  We  are  confident  nothing  less  will 
be  accepted  of.  As  to  what  you  mention  about  the  ancient  Laws  and 
usage  of  this  Country  we  cannot  pay  any  great  regard  to  it  unless  you 
will  be  pleased  to  shew  us  any  of  them  which  makes  for  your  purpose 
confirmed  by  an  Authentick  Deed  under  the  hands  and  Seals  of  the 
Lords  Proprietors  for  the  Assemblys  in  former  times  who  were  their 
Lordsliips  Tenants  to  enact  that  the  rents  should  be  paid  in  such  a  Man- 
ner and  in  such  commoditys  as  they  thought  proper  witiiout  ever  obtain- 
ing their  Lordships  consent  since  is  in  our  .Judgment  tiie  same  thing  as 


C'()[/)NIAL  UECORDS.  J.'lo 


a  Debtor  telling  his  Creditor  he  will  only  pay  him  as  he  pleases  withont 
any  regard  to  their  Contract  Such  reasoning  as  this  we  are  sure  will 
never  be  allowed  by  his  Majesties  Ministers  at  home  and  it  would  we 
think  be  Trifling  with  them  and  with  the  People  of  this  Province  too 
for  US  to  allow  it  it  being  certain  that  his  Majesty  can  recover  his  quit 
rents  without  asking  either  your  consent  or  ours. 

If  you  Please  to  consult  your  own  records  of  the  Assembly  which  met 
in  July  1712  while  the  Indian  war  was  raging  in  the  Country  you  will 
find  in  a  Letter  from  the  Lords  Proprietors  they  demand  that  consider- 
ing the  smallness  of  their  reserved  rents  they  should  be  paid  in  the  finest 
Silver  If  their  Lordships  expected  this  from  the  Country  when  it  was 
in  the  most  Melancholy  calamitous  circumstances  sure  his  Majesty  After 
so  many  years  Peace  and  Tranquility  may  very  justly  expect  the  same 
And  here  we  cannot  but  take  notice  of  an  Assertion  that  has  been  made 
in  your  House  during  the  late  administration  That  as  the  Law  now 
stands  the  quit  Rents  are  payable  in  Province  Bills  without  any  discount 
If  you  will  only  lett  us  know  when  the  Proprietors  ever  accepted  of  this 
(and  we  are  sure  by  the  Nature  of  the  thing  it  must  be  null  and  Void 
without  their  Acceptance)  we  will  yield  all  the  other  points  in  dispute 
one  thing  we  are  certain  of  that  in  the  year  1717  the  Assembly  as  ap- 
pears by  the  Records  page  142  disclaimed  in  the  most  solemn  manner 
all  attempts  of  this  natiu'c.  What  Illegal  concessions  may  have  been 
made  before  the  Purchase  of  the  C'rown  took  place  by  the  Lt)rds  Prop" 
Councellours  and  Officers  we  dont  at  all  regard  it  is  enough  to  us  that 
they  were  never  contirmed  by  their  Lordships  and  consequently  not 
binding  on  tlie  Crown  which  now  stands  in  their  Place.  Because  they 
betrayed  the  Interest  of  their  Masters  it  does  not  follow  that  we  must 
give  up  the  just  rights  of  his  most  gracious  majesty.  On  the  contrary 
we  shall  always  endeavour  to  the  utmost  of  our  power  to  detect  their 
numerous  frauds  by  which  they  may  have  unjustly  enriched  themselves 
and  their  relations  Injured  his  majesties  Revenue  and  Plundered  their 
fellow  subjects.     By  Order  \V.  SMITH  Presid' 

Ordered  that  M'  James  Castelaw  M"^  Arthur  Williams  and  M'  Samuel 
Swann  Jun'  consider  the  said  Message  and  prepare  an  ansM'er  thereto 
and  report  the  same  to  this  House. 

A  Bill  for  an  Act  for  destroying  Vermine  was  read  the  first  time  and 
passed.     Sent  to  the  upper  House. 

Adjourned  'till  tomorrow. 

Thursday  February  13""     The  House  met  according  to  adjournnient. 
The  following  Message  wa.s  sent  to  the  upper  House  Viz' 


136  COLONIAL  RECORDS. 


To  His  Exceli/  the  Governoue  &  Council. 

Whereas  Coll'  Thomas  Swann  Treasurer  of  Pasquotank  Coll'  Thomas 
Pollock  Treasurer  of  Bertie  Precinct  and  John  Baptista  Ashe  Treasurer 
for  New  Hanover  Precinct  are  dead  This  house  recommends  to  his 
Exceli^  the  Governour  and  Council  the  following  persons  to  be  Treasurers 
in  their  room  (to  wit)  M"^  C'astelaw  or  M'  Lockhart  for  Bertie  Precinct 
M'  John  Relph  or  M"  Coriie'  Relph  for  Pasquotank  Precinct  M'  Eleaz' 
Allen  or  M'  Samuel  Swann  for  New  Hanover  Precinct. 

By  Order  JOS:  ANDERSON  C"  Gen'  Assembly. 

The  Bill  for  confirming  the  Precincts  of  Onslow  and  Bladen  was  read 
the  third  time  and  passed.     Sent  to  the  upper  House. 
Sent  the  following  Message  to  the  upper  House  viz' 

To    THE    HONO""''   THE    UPPER    HoUSE   OF    ASSEMBLY    NOW    SITTING. 

Whereas  the  wages  for  the  members  of  the  General  Assembly  was 
heretofore  So  small  as  ten  shillings  a  day  and  it  being  found  That  it  was 
not  one  third  of  the  expence  they  were  at  in  attendance  and  charge  in 
coming  and  going.  It  is  the  resolve  of  this  House  that  the  Members  of 
this  General  Assembly  have  and  receive  each  Member  thirty  shillings  p' 
day  for  their  attendance  and  the  time  of  coming  and  going  and  that  the 
several  Members  be  allowed  the  same  time  as  usual  for  Traveling  Sent 
for  incurrence     By  Order  JOS:  ANDERSON,  C"  Gen' Asseffi. 

The  Committee  made  report  to  this  house  that  they  had  agreed  to  a 
draft  of  a  Bill  for  Laying  Making  altering  and  Keeping  in  repair  the 
Several  Roads  and  highways  within  the  several  Precincts  of  the  County 
of  Bath  for  building  bridges  cleansing  and  Keeping  Clean  the  Several 
rivers  and  Creeks  within  the  same  which  draft  is  approved  of  and  read 
the  first  time  and  passed.     Sent  to  the  upper  house. 

Reed  from  the  upper  house  the  said  Bill  Indorsed  Read  in  the  upper 
house  a  first  time  and  passed 

Also  a  Bill  for  stamping  and  exchanging  the  present  bills  of  currency 
of  this  Province  &c.  Indorsed  read  in  the  upper  House  a  Second  time 
and  passed  with  amendments. 

Adjourned  'till  tomorrow  Morning. 

Fry  day  February  14*     The  House  met  according  to  adjournment. 

The  Bill  for  Laying  Making  altering  and  Keeping  in  repair  the  Sev- 
eral Roads  in  the  County  of  Bath  &c  was  read  a  Second  time  and  passed. 
Sent  to  the  upper  House. 

A  Bill  for  an  additional  act  to  the  act  concerning  Roads  and  ferrys 
was  read  the  first  time  and  passed.     Sent  to  the  upper  House. 

Adjourned  'till  tomorrow. 


COLONIAL  KECOllDS.  i;}7 


Saturday  Feljiniary  IS""     The  Hou.se  met  according  to  adjournmenl. 
Adjourned  'till  Monday. 

Monday  February  17""     The  House  met  according  to  adjouruuient. 

An  Act  for  reviving  an  Act  Intituled  an  additional  Act  to  the  Act  for 
the  Tryall  of  Small  and   mean  Causes  was  read  the  first  time  and  passed. 

An  additional  act  to  tiie  act  for  destroying  Squirrels  was  read  the  first 
time  and  passed. 

Adjourned  'till  tomorrow. 

Tuesday  February  tlie  IH""     The  House  met  according  to  adjournment. 

Reed  from  the  upper  house  the  Road  Bill  for  the  County  of  Bath  &c. 
Indorsed  read  in  the  upper  house  the  Second  time  and  j)assed  with 
amendments. 

A  Bill  for  an  Act  for  laying  duty  on  Liquors  for  and  towards  defray- 
ing the  contingent  Charges  of  Government  &c.  was  read  the  first  time 
and  passed. 

A  Bill  for  an  Act  for  preventing  the  driving  of  hogs  &c.  was  read 
the  first  time  and  Passed 

The  Bill  for  Roads  in  the  County  of  Bath  &c.  was  read  the  third 
time  and  passed  with  amendments. 

A  Bill  for  an  Act  to  ascertain  an  Allowance  for  his  Majesties  Council 
and  Assembly  of  this  Province  was  read  the  first  time  and  passed. 

A  Bill  for  making  and  emitting  the  sum  of  ten  thousand  pounds  was 
read  the  first  time  and  passed. 

Ordered  that  the  Bills  this  day  read  and  passed  together  with  the  two 
bills  read  and  passed  yesterday  be  sent  to  the  upper  House  tomorrow. 

Adjourned  'till  tomorrow. 

Wednesday  February  1 9"".     The  House  met  according  to  adjournment. 

Pursuant  to  yesterdays  Order  Sent  the  Bills  that  were  read  and  passed 
to  the  upper  House. 

Reed  from  the  upper  House  the  following  Bills  Viz' 

The  Bill  for  an  Act  to  establish  the  North  East  Parish  of  Pasquotank 
into  a  Precinct.  Indorsed  Read  in  the  upper  house  the  Second  time  and 


The  Bill  for  an  Act  to  confirm  the  Precincts  of  Onslow  and  Bladen. 
Indorsed  Read  in  the  upper  house  the  third  time  and  passed.  Ordered 
that  the  Bill  be  engrossed. 

A  Bill  for  an  additional  act  to  the  act  concerning  Roads  and  ferrvs 
Indorsed  read  in  the  upper  house  the  first  time  and  Passed  with  amend- 
ments. 

18 


138  COLONIAL  RECORDS. 


Read  the  following  Bills  Viz' 

The  Bill  for  an  Act  to  establish  the  North  East  Parish  of  Pasquotank 
into  a  Precinct  by  the  name  of  Johnston  Precinct  the  tiiird  time  and 
passed. 

Also  the  Bill  for  an  additional  act  to  the  act  concerning  Roads  and 
ferrys  the  Second  time  and  passed  with  amendments,  and  Sent  to  the 
upper  house. 

The  Petition  of  Henry  Journakin  was  read  setting  forth  that  Benj" 
Hill  obtained  an  Order  of  the  Precinct  Court  of  Bertie  to  Turn  a  Road 
that  for  many  years  has  gone  through  the  Plantation  of  the  said  Henry 
and  that  the  said  Benjamin  after  two  or  three  Jurys  dismissed  they  not 
agreeing  to  Turn  the  road  to  the  Satisfaction  of  the  said  Benjamin  he 
got  another  Jury  who  run  the  Road  through  the  cornfield  and  Orchard 
of  the  said  Henry  Threw  down  the  fence  and  digged  up  the  fruit  Trees 
to  his  great  prejudice. 

Resolved  Tiiat  the  said  Road  be  altered  and  continued  as  usual  Sent 
to  the  upper  house  for  concurrence.     Also  the  following  Message  Viz' 

The  report  of  the  Comittee  for  examining  The  Publick  Accounts  has 
been  read  in  this  house  and  several  persons  now  attending  to  pay  their 
ballances  We  desire  That  Edward  Moseley  and  Cullen  Pollock  Esq"  be 
joyned  with  the  Speaker  of  this  house  to  examine  and  receive  the  same 
being  the  Surviving  Comissioners  who  signed  the  said  Bill. 

By  Order  JOS  :  ANDERSON  O"  Gen'  Assembly 

Which  Message  was  returned  from  the  upper  House  Indorsed  read 
and  concurred  with. 

Reed  from  the  upper  house  the  Bill  for  making  and  emitting  tiie  sum 
of  ten  thousand  pounds.  Indorsed  read  in  the  upper  iiouse  the  first  time 
and  passed  with  amendments  with  the  following  Message  Viz' 

M'  Speaker  and  Gent. 

On  reading  the  Bill  for  Making  the  sum  of  ten  thousand  pounds  &c. 
Sent  us  this  morning  We  have  thought  proper  to  make  some  amend- 
ments thereto  which  you  will  find  on  reading  do  not  alter  the  Nature  or 
any  Effectual  part  of  the  Bill  The  Preamble  as  we  have  made  it  is  mat- 
ter of  form  only  but  such  as  is  constantly  used  in  bills  of  this  kind  in 
the  Kingdom  of  Great  Brittain  and  Ireland  and  most  of  his  Majesties 
Plantations  in  America  which  is  the  reason  for  our  Inserting  it  Instead 
of  yours  and  which  we  hope  you  will  agree  to.     By  Ord : 

NATH:  RICE 

Which  amendment  is  by  the  house  here  concurred  with. 


COLONIAL  RECORDS.  1:59 


The  Bill  to  ascertain  allowance  for  his  Majesties  Council  &c.  was  reed 
from  the  upper  house.  Indorsed  read  in  the  upper  house  the  first  time 
and  passed  with  amendments. 

Adjourned  'till  tomorrow. 

Thursday  February  20"".     The  House  met  according  to  adjournment. 

His  Excell^  the  Governour  was  pleased  to  send  a  copy  of  one  of  his 
Majesties  Royal  Instructions  to  him  in  these  words  Viz' 

Instruction  1(5  You  are  to  take  care  that  in  all  acts  or  orders  to  be 
passed  in  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  Publick  uses  of  that  our 
Province  and  the  Support  of  the  Government  thereof  as  by  the  said  Act 
or  Order  shall  be  directed  and  you  are  particularly  not  to  pass  any  Law 
or  doe  any  Act  by  grant  Settlement  or  otherwise  whereby  our  Revenue 
may  be  Lessened  or  Impaired  without  our  Special  Leave  or  command 
therein. 

The  Bill  for  granting  to  his  Majesty  the  sum  of  fourteen  thousand  one 
hundred  and  fifty  pounds  three  shillings  and  two  pence  for  the  Service 
of  the  Publick  of  this  Province  and  for  Laying  a  Tax  on  the  Inhabi- 
tants of  the  same  for  the  payment  thereof  and  for  stamping  the  sum  of 
ten  thousand  pounds  bills  of  Credit  for  the  more  Immediate  discharge  of 
the  part  thereof  was  read  a  Second  time  and  passed.  Sent  to  the  upper 
house. 

Also  The  Bill  for  Ascertaining  allowance  to  his  Majesties  Council  &c. 
was  read  a  Second  time  and  passed  with  amendments. 

A  Message  was  sent  to  the  upper  House  in  these  words  Viz' 

To    THE    HOXO''''    THE    UPPER    HOUSE 

Upon  reading  the  Bill  for  stamping  and  exchanging  the  Present  Cur- 
rency of  this  Province  &c.  We  perceive  that  the  Commissioners  therein 
mentioned  are  to  give  Security  in  the  sum  of  ten  thousand  pounds  each 
We  are  of  opinion  they  ought  to  give  security  for  double  the  sums  they 
are  Intrusted  with  which  will  be  twenty  thousand  pounds  each  We 
de.sire  to  know  whether  you  will  concurr  with  us  in  making  that  altera- 
tion in  the  Bill.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly. 

Which  Message  was  returned  from  the  upper  house  Indorsed  Read  and 
concurred  with  in  the  upper  house. 

Ordei-ed  that  M'  William  Badham  M'  Zebulon  Clayton  M'  George 
Roberts  and  Walter  Lane  be  a  Committee  to  Prepare  an  address  to  his 
Excell^  the  Governour  in  relation  of  the  Quit  Rents. 


140  COLONIAL  RECORDS. 


The  Bill  for  stamping  and  exchanging  the  present  Currency  of  this 
Province  &c  was  read  the  third  time  and  passed  with  amendments  Sent 
to  the  upper  house. 

Reed  from  the  upper  house  the  following  Bills  Viz' 

The  Bill  for  an  additional  act  to  the  act  concerning  Roads  and  ferrys. 
Indorsed  I'ead  in  the  upper  house  a  Second  time  and  passed  with  amend- 
ments. 

The  Bill  for  reviving  an  act  Intituled  an  additional  Act  to  the  act  for 
the  Tryall  of  Small  and  Mean  causes  Indorsed  read  in  the  upper  house 
the  first  time  and  passed  with  amendments. 

The  Bill  for  an  act  for  destroying  Vermine  Indorsed  Read  in  the 
upper  house  the  first  time  and  passed  with  amendments. 

The  Act  for  Laying  a  duty  on  Liquors  &c.  Indorsed  read  in  the 
upper  house  the  first  time  and  passed  with  amendments. 

Read  the  fijllowing  Bills  Viz' 

The  Act  for  reviving  an  Act  Intituled  an  additional  [act]  to  the  act 
fi)r  Tryall  of  Small  and  mean  Causes  the  Second  time  and  passed 

The  Act  for  destroying  Vermine  the  Second  time  and  passed  with 
amendments. 

Also  the  Bill  for  Laying  duty  on  Liquors  the  Second  time  and  passed. 
Sent  to  the  upper  house. 

The  Report  of  the  Committee  for  considering  the  Message  of  the  upper 
House  concerning  the  Bill  for  providing  his  Majesty  a  Rent  Roll  &c. 
was  read  and  referred  for  consideration. 

Reed  from  the  upper  House  the  following  Bills  Viz' 

The  Bill  for  an  act  to  enable  the  Chief  Justice  or  other  Judges  of  the 
General  Court  to  Try  Issue  in  Civil  causes  by  writ  of  Nisi  prius  in  the 
County  of  Bath  Indorsed  Read  in  the  upper  house  the  first  time  and 
passed. 

The  Bill  for  Laying  out  making  altering  and  keeping  in  repair  the 
several  Roads  and  highways  in  the  County  of  Bath  &c.  Indorsed  Read 
in  the  upper  house  the  third  time  and  passed.  Ordered  That  the  same 
be  engrossed. 

The  Bill  for  establishing  the  North  East  Parish  of  Pasquotank  into  a 
Precinct  Indorsed  read  in  the  upper  house  the  third  time  and  passed. 
Ordered  that  it  be  engrossed. 

The  Bill  for  regulating  Elections  and  Members.  Indorsed  Read  in 
the  upper  house  the  third  time  and  passed.     Ordered  that  it  be  engrossed. 

Also  the  Bill  for  ascertaining  Allowance  for  his  Majesties  Council  &c. 
Indorsed  Read  in  the  upper  house  the  Second  time  and  passed  with 
amendments. 


COLONIAL  RECORDS.  141 


The  Bill  for  an  additional  Act  to  the  Act  concerning  Roads  &  ferrys 
was  read  the  third  time  and  passed.     Sent  to  the  upper  iiouse. 
Adjourned  'till  tomorrow. 

Fryday  February  21"     The  House  Met  according  to  adjournment. 

Reed  from  the  upper  house  the  bill  for  stamping  and  exchanging  the 
Present  currency.  Indorsed  Read  in  the  upper  house  the  tliird  time  and 
Passed.     Ordered  that  the  same  be  engrossed 

Also  the  Bill  for  Laying  duty  on  Liquors  &c.  Indorsed  read  in  the 
upper  house  a  Second  time  and  Passed  with  amendments. 

The  Bill  for  reviving  the  additional  act  for  the  Tryall  of  Small  and 
Mean  Causes.  Indorsed  Read  in  the  ujiper  house  a  Second  time  and 
passed. 

And  the  Act  for  destroying  A'^ermine.  Indorsed  Read  in  the  upper 
house  a  Second  time  and  Passed  with  amendments. 

Read  the  Bill  for  an  Act  to  enable  the  Chief  Justice  or  other  Judges 
of  the  General  Court  to  Try  Issues  by  Writt  of  Nisi  prius  &c  the  first 
time  and  passed.     Sent  to  the  upper  house. 

Reed  a  Message  froru  the  upper  Iiouse  Viz' 

M'  Speaker  and  Gent: 

The  report  of  the  Committee  of  the  Public  accounts  being  before  this 
house  We  desire  the  Publick  Treasurers  accounts  may  be  Laid  before  us. 
By  Order  W.  SMITH  President. 

Whereupon  The  Treasurers  accounts  were  Immediately  sent. 

The  Bill  for  reviving  the  additional  act  to  the  act  for  the  Tryall  of 
Small  and  Mean  Causes  was  read  the  third  time  and  passed.  Sent  to  the 
upper  house. 

Reed  a  Message  from  the  upper  house  Viz' 

M'  Speaker  &  Gent. 

On  Reading  the  Bill  to  ascertain  the  allowance  of  the  Council  and 
Assembly  the  third  time  we  find  you  have  altered  the  amendment  made 
by  this  house  which  relates  to  Proclamation  Money  and  confined  it  as  at 
first  to  four  for  one  in  paper  bills  of  this  Province  whicii  amendment  we 
can  by  no  means  agree  to,  the  paper  bills  being  at  present  at  such  a 
greater  discount  than  you  have  ascertained.  If  you  think  fit  to  appoint 
a  Committee  of  your  house  to  couferr  with  that  of  ours  on  this  Subject 
they  shall  meet  yours  as  soon  as  you  think  proper. 

By  Order  W.  SMITH  President. 

Whereupon  the  following  Message  was  sent  Viz' 


142  COLONIAL  RECORDS. 


In  answer  to  your  Last  Message  concerninj^  the  Bill  for  Ascertaining 
allowance  to  the  Council  and  Assembly  We  have  appointed  Doctor  Geo. 
Alleyn  M'  James  Castelaw  and  M'  George  Roberts  a  Committee  of  this 
House  to  joyn  that  of  yours  to  confer  on  the  subject  matter  in  debate. 
By  Order  JOS :  ANDERSOn'  C"  Gen'  Assembly. 

The  Committee  for  examining  the  Publick  Accounts  made  a  repoi't 
thereof  to  this  house  Whereupon  the  following  Message  was  sent  to  the 
upper  house  Viz' 

To    THE    HONO"'    THE    UPPER    HOUSE 

We  by  the  report  of  the  Committee  for  examining  the  Publick  Ac- 
counts perceive  that  there  is  in  the  hands  of  Coll"  Maseley  Publick 
Treasurer  the  sum  of  four  hundred  and  fourty  six  pounds  nine  shillings 
Old  Bills.  We  desire  you  will  appoint  a  Committee  of  your  house  to 
joyn  that  of  ours  to  examine  the  same  and  that  then  they  be  destroyed 
By  Order  JOS :  ANDERSON  C"  Gen'  Assembly. 

Ordered  that  M'  Speaker  and  M'  Badham  be  a  Committee  to  joyn 
such  as  shall  be  appointed  in  the  upper  house  to  examine  and  destroy  the 
old  Bills. 

Read  the  two  following  Bills  and  sent  them  to  the  upper  house  Viz' 

The  Bill  for  Laying  duty  on  Liquors  the  third  time  and  Passed  with 
amendments. 

The  Bill  for  destroying  Vermine  &c.  the  third  time  and  passed  with 
amendments. 

Adjourned  'till  tomorrow. 

Saturday  February  22°''.     The  House  met  according  to  adjournment. 

Reed  a  Message  from  the  upper  House  That  it  was  the  resolve  of  that 
house  that  Cullen  Pollock  Esq'  be  joyned  with  the  Committee  of  this 
house  to  examine  and  destroy  the  old  bills. 

Reed  from  the  upper  House  the  Bill  for  ascertaining  allowance  for  the 
Council  and  Assembly  Indorsed  read  in  the  upper  house  the  third  time 
and  passed.     Ordered  that  the  same  be  Engrossed. 

Also  the  Bill  reviving  the  additional  act  to  the  act  for  the  Tryall  of 
Small  and  Mean  Causes  Indorsed  read  in  the  upper  house  the  third  time 
and  passed.     Ordered  that  the  same  be  Engrossed. 

Sent  to  the  upper  house  following  Message  Viz' 

To    THE    HONO'''"    THE    UPPER    HOUSE. 

Whereas  there  was  an  Emission  of  twelve  thousand  pounds  bills  of 
Credit  in  the  year  1722  and  in  the  year  1729  there  was  made  &  Emitted 


COLONIAL  RECORDS.  143 


the  sum  of  ten  thousand  pounds  to  Exchange  the  aforesaid  twelve  thou- 
sand supposing  two  thousand  of  tJie  said  twelve  to  be  Torn  Lost  and 
defaced  but  it  now  appearing  that  the  Powder  Receivers  and  others  con- 
cerned with  Publick  Moneys  have  Several  Sums  of  those  bills  first 
Emitted  in  order  to  defray  their  dues  and  as  such  bills  were  made  Obso- 
lete in  the  year  1729  We  therefore  desire  your  opinion  whether  such 
bills  are  to  be  taken  in  discharge  of  their  dues  by  the  Committee  appointed 
to  receive  the  same.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assem : 

Sent  to  the  upper  house  the  following  Message  Viz' : 
To  The  Hono""  the  upper  house 

This  house  is  of  opinion  that  ten  shillings  '^  day  current  Bill  Money 
the  arrearages  due  to  the  Members  of  the  Assembly  before  this  Session 
is  not  sufficient  for  their  support  therefore  desire  your  honours  opinion 
whether  it  may  not  be  enlarged  by  allowing  them  twenty  shillings  p"^ 
day  for  Services  in  former  Assemblies  and  not  yet  paid  and  Lying  so 
long  out  of  their  Money.     By  Order 

JOS:  ANDERSON  C"  Gen'  Assembly 

Reed  from  the  upper  house  the  Bill  for  Erecting  Courts  of  Assize 
Indorsed  Read  in  the  upper  house  the  Second  time  and  passed  with 
amendments. 

Reed  the  adilitional  Act  to  the  act  concerning  Roads  and  ferrys. 
Indorsed  February  2P'  1734  Read  in  the  upper  House  the  third  time 
and  passed     Oi'dered  that  the  same  be  Engrossed. 

Read  the  Petitions  of  Tliomas  Howel  and  Leonard  Muslenwhite  pray- 
ing to  be  discharged  from  Taxes  and  dutys  which  are  granted 

Read  the  Petition  of  John  Tripp  setting  forth  that  he  is  indebted  to 
the  Publick  this  Session  the  sum  of  £184  and  has  now  paid  only  £35 
therefore  still  remains  in  debt  £149  he  not  having  the  said  sum  of  Money 
at  present  to  discharge  that  sum  prays  a  further  time  to  pay  the  afore- 
said debt. 

Whereupon  the  following  Message  was  Indorsed  on  the  said  Petition 
and  sent  to  the  upper  house  for  their  concurrence  Viz' 

To  the  Hono'''''  the  upper  house 

This  house  having  considered  the  within  Petition  are  of  opinion  that  the 
said  John  Tripp  pay  the  ballance  at  the  next  Biennial  Assembly  or  before 
that  time  to  the  Precinct  Treasurer  where  he  lives  which  Indulgence  is 
in  consideration  of  the  Services  by  him  done  heretofore  and  the  honest 
Character  he  retains.     By  Order 

JOS:  ANDERSON  C"'  Gen'  Assemblv. 


144  COLONIAL  RECORDS. 


Reed  from  the  upper  house  the  aforesaid  John  Tripps  Petition  In- 
d<jrsed  thereon  Viz'  In  the  upper  house  Saturday  February  22*  1734 
Read  and  concurred  with  Provided  the  said  Tripp  gives  Security  to  pay 
the  same  at  the  next  Biennial.     By  Order 

R.  FORSTER  C:  U:  H: 
GAB.  JOHNSTON 

The  committee  appointed   to  examine  the  account  of  Claims  made 
report  thereof  to  this  house  which  is  referred  for  consideration. 
Adjonrned  'till  Monday. 

Monday  February  24"".     The  House  met  according  to  adjournment. 
Sent  to  the  upper  House  the  following  Message  Viz' 

To    THE    HONOBLE    THE    UPPER    HoUSE 

Whereas  the  Treasurers  of  the  Several  Precincts  by  a  Law  passed  in 
the  year  1729  were  Impowered  and  directed  to  collect  a  poll  tax  of  three 
shillings  '^  Poll  annually  'till  the  next  Biennial  and  as  some  of  the  said 
Treasurers  have  not  accounted  for  any  of  the  said  Levys  and  those  that 
have  accounted  have  not  accounted  for  the  whole  We  therefore  desire 
to  have  your  opinion  whether  the  Arrears  of  the  said  Taxes  should  not 
be  Ifnediately  Collected  and  be  applyed  to  Sinking  the  sum  of  two  thou- 
sand pounds  old  Bills  passed  in  the  year  1722  and  not  yet  Exchanged 
and  destroyed.     By  Order 

JOS:  ANDERSON  C"'  Gen'  Assembly. 

Coll'  Moseley  produced  the  report  of  the  Publick  accounts  to  this 
House  and  prayed  that  the  same  be  further  examined  which  was  accord- 
ingly done  and  Observe  that  as  Publick  Treasurer  he  is  in  advance  for 
the  £394.0.7  and  he  has  delivered  £446.4.6  which  was  destroyed  he 
also  charges  15  ^  Cent  for  exchanging  the  same  which  comes  to  £3.7. — 
in  all  amounting  to  £843.12.1  and  as  Precinct  Treasurer  is  D'  the  sum 
of  £4.54.10.2  So  that  on  the  ballauce  of  both  his  accounts  there  is  due 
to  him  £389.1.11''  therefore  it  is  ordered  that  it  be  placed  to  the  Esti- 
mate of  the  Publick  debts. 

We  likewise  find  bytlie  report  of  the  Committee  that  the  Loan  Money 
is  burthened  with  15  ^  Cent  and  the  Impost  with  12  '^  Cent  by  the 
Publick  Treasurers  accounts  which  Charge  We  find  has  been  customary. 
If  your  House  shall  think  those  Commissions  too  large  we  are  ready  to 
concurr  with  what  you  shall  think  reasonable.     By  Order 

JOS :  Anderson'  C"  Gen'  Assemlily. 

The  House  adjonrned  'till  tomorrow. 


COLONIAL  RECORDS.  145 


Tiiesflay  February  25"*     The  house  met  according  to  adjournment. 
Reed  the  following  Message  from  the  upper  house  In  answer  to  the 
Message  of  this  house  yesterday. 

M'  Speaker  and  Gent. 

In  answer  to  your  Message  just  now  received  we  are  of  opinion  that 
the  Precinct  Treasurers  be  Immediately  directed  to  collect  the  arrears  of 
Taxes  due  from  the  year  1729  and  the  following  year  It  being  we  think 
an  Abuse  ou  the  Publick  that  that  Law  has  been  complyed  with. 

We  readily  consent  that  such  arrears  when  collected  may  be  appropri- 
ated as  you  mention  but  should  be  glad  to  know  a  particular  State  of 
that  matter  as  how  much  has  been  accounted  for  and  paid  of  the  said 
Tax  and  what  remains  on  ballance. 

Upper  House  February  24'"  1734  [17.35] 

Reed  the  following  Message  from  the  upper  house  Viz' 
M'  Speaker  and  Gent: 

In  answer  to  your  Message  relating  to  the  old  Bills  we  are  of  opinion 
that  as  those  old  Bills  were  declared  not  to  be  current  by  an  Act  passed 
in  the  year  1729  they  ought  not  to  be  taken  in  discharge  of  any  Publick 
dues  whatsoever  but  that  all  Persons  Possessed  of  any  such  bills  may 
bring  them  iuto  the  General  Assembly  at  the  next  Biennial  with  a  Claim 
and  that  they  ought  to  be  allowed. 

Upper  House  Tuesday  Feb^^  25'"  1735 

Received  from  the  upper  house  the  Impost  duty  Bill  Indorsed  Feb''^ 
24'".  Read  in  the  upper  house  the  third  time  and  passed.  Ordered  to 
be  Engrossed 

Sent  to  the  upper  house  the  following  Message  Viz' 

To   THE    HoNOBLE   the   UPPER   HOUSE 

In  answer  to  your  Message  of  yesterday  Relating  to  the  Taxes  due 
We  must  Observe  to  you  that  Little  of  the  five  shillings  Tax  in  the  year 
1729  was  Collected  in  the  Southern  parts  of  this  Province  and  a  small 
matter  of  the  3°  Tax  for  the  following  year  in  both  Countys. 

We  are  of  opinion  that  if  the  arrears  of  those  taxes  were  to  be  duly 
Collected  there  would  he  near  if  not  Sufficient  to  exchange  the  old  bills 
and  we  conceive  that  the  most  ready  and  easy  way  for  calling  the  said 
Bills  in  will  be  to  direct  the  Several  Treasurers  Immediately  to  collect 
the  same  and  exchange  the  said  Bills  out  of  their  Several  Collections. 
We  desire  your  concurrence  thereon.     By  Order 

JOS :  ANDERSON  C"  Gen'  Assem. 
19 


U6  COLONIAL  RECORDS. 


Reed  the  following  Message  from  the  upper  liouse  Viz' 

M'  Speaker  &  Gent: 

In  answer  to  your  Message  of  the  22''  Instant  relating  to  advancing 
the  Claims  of  the  former  Burgesses  We  are  of  opinion  that  no  more  be 
allowed  than  was  agreed  on  by  former  Assemblies  that  is  ten  Shillings 
p'  diem. 

From  the  upper  house  February  25*  1734.  [1735] 

Sent  the  following  Message  to  the  upper  house  Viz' 

To    THE    HONO'"'"    the    UPPER    HOUSE 

Coll'  Moseley  producing  the  report  of  the  Publick  accounts  to  this 
house  and  prayed  the  same  to  be  further  examined  and  Observe  that 
as  Publick  Treasurer  he  is  in  advance  for  the  Publick  £394.0.7  and  he 
has  delivered  £446.4.6  which  was  destroyed  he  also  charges  15  'p  Cent 
for  exchanging  the  same  comes  to  £3.7.0  in  all  £843.12.1  and  as  Pre- 
cinct Treasurer  is  D'  the  sum  of  £454.10.2  so  that  ou  the  ballance  of 
both  his  accounts  there  is  due  to  him  £389.1.11  to  reimburse  him  that 
sum  wherefore  it  is  Ordered  that  it  be  placed  to  the  Estimate  of  Publick 
debts. 

We  likewise  find  by  the  Report  of  the  Committee  that  tlie  Loan  money 
is  burthened  with  15  '§  Cent  and  the  Impost  with  12  ^  Cent  by  the 
publick  Treasurers  account  whicli  Charge  we  find  has  been  Customary. 
If  your  house  shall  think  those  Commissions  too  large  we  are  ready  to 
concurr  with  what  you  shall  think  reasonable.     By  Ord' 

JOS:  ANDERSON  C"  Gen>  Assembly. 

Received  from  the  upper  [house]  a  Bill  for  an  act  for  the  Security  of 
the  persons  who  have  Seated  Cultivated  and  Improved  Lands  in  this 
Province  Indorsed  Feb'^  25:  1734  [1735]  Read  in  the  upper  house 
the  first  time  and  Passed.     By  Ord'  R'  FORSTER  C:  U:  H: 

Read  the  said  Bill  the  first  time  and  passed  and  sent  to  the  upper 
house.     By  ord'  JOS:  ANDERSON  C"  Gen'  Assembly. 

The  House  adjourned  'till  tomorrow. 

Wednesday  February  26""     The  house  met  according  to  adjournment. 
A  Message  was  sent  to  the  upper  house  Viz' 

To    THE    HoNOBLE    the    UPPER    HOUSE 

This  house  having  computed  the  Wages  of  tbrmer  Assemblies  as  also 
of  the  present  in  Order  to  make  an  Estimate  of  the  publick  debts  We 


COLONIAL  RECORDS.  147 


desire  to  have  the  Charge  of  the  sanae  of  your  house  that  we  may  finish 
tlie  whole  and  make  report  thereof  to  you.     By  Order 

JOS :  ANDERSON  C"  Gen'  Assembly. 

Received  from  the  upper  house  the  Bill  for  the  Security  of  Persons 
who  have  seated  Cultivated  and  Improved  Lands  in  this  Province. 
Indorsed  read  in  the  upper  house  the  second  time  and  passed  with 
amendments.     By  Order  R.   F.  C :  U :  H : 

This  house  having  taken  into  their  consideration  the  great  Charges  his 
Excell^  the  Governour  since  his  arrival  into  this  Government  in  Travel- 
ing from  Cape  Fear  with  his  Equipage  to  Edenton  and  his  expences 
during  this  Session  Voted  that  he  have  and  receive  the  sum  of  £1300 
and  that  the  same  be  placed  to  the  Estimate  of  Publick  Debts. 

The  Committee  appointed  to  prepare  the  address  to  his  Excell^  the 
Governour  in  relation  of  the  arrears  of  quit  rents  made  a  report  of  a 
draft  which  was  read  and  approved  of  and  Ordered  to  be  fairly  Tran- 
scribed and  entered  on  the  Journals  of  this  house  which  is  in  the  words 
following  Viz' 

North  Carolina — ss. 

To  his  Excellency  Gabriel  Johnston  Esq''  Captain  General  and  Govern- 
our in  Chief  in  and  over  the  said  Province 
The  humble  address  of  the  Lower  House  of  Assembly. 

We  the  Representatives  of  this  Province  beg  leave  to  I^ay  before  your 
Excell^  the  state  of  this  Province  in  relation  to  our  quit  rents  and  the 
Manner  of  paying  the  same  from  the  first  Settlement  thereof  to  this  time 
when  the  right  of  this  Province  became  vested  in  the  Lords  proprietors 
by  the  2'*  Charter  granted  by  King  Charles  the  Second  Tiie  proprietors 
or  their  deputys  for  them  then  might  grant  Land  to  any  person  at  such 
rent  as  they  could  agree  on  and  also  by  the  said  Charter  the  proprietors 
or  their  deputies  with  the  assent  of  the  freemen  of  this  Province  or  their 
Representatives  were  to  make  Laws  binding  as  well  on  the  said  Lords 
proprietors  as  on  the  People.  The  Proprietors  then  directed  their  Gov- 
ernour and  Council  here  to  grant  Land  to  any  Person  in  Alberniarle 
County  on  the  same  Tenure  that  Land  was  then  held  in  Virginia  as  plainly 
appears  by  their  Grand  Deed  which  was  then  at  two  shillings  p'  hundred 
acres  in  Tobacco  at  one  penny  p'  pound  as  appears  by  the  Law  of  that 
Colony  but  when  that  was  found  Impracticable  by  reason  of  the  Land 
here  in  General  would  not  produce  Tobacco  so  well  as  the  land  in  Vir- 
ginia the  quit  rents  then  became  payable  in  other  Commodities  at  certain 
rates  at  which  rates  those  Commodities  were  constantlv  received  at  everv 


148  COLONIAL  RECORDS. 


man's  house  and  the  payments  never  refused  by  the  proprietors  as  is 
alledged  In  the- year  one  thousand  seven  hundred  and  Twelve  the  pro- 
prietors sent  directions  to  their  Receiver  General  how  he  should  dispose 
of  those  Commodities  for  their  Interest.  By  this  it  appears  that  not 
only  the  Lords  Proprietors  deputies  with  the  representatives  have  settled 
the  quit  I'ents  payable  in  our  Cofiiodities  at  certain  prices  which  seems 
according  to  the  Charter  to  he  conclusive  but  also  there  is  the  Proprie- 
tors assent  thereto  directing  as  aforesaid  how  the  receiver  General  should 
dispose  of  those  Commodities  which  in  our  humble  opinion  makes  the 
payment  in  Commodities  indisputable  besides  if  all  our  Laws  were  void 
only  the  grand  Deed  to  be  a  guide  for  the  payment  of  our  quit  rents  we 
were  by  that  deed  as  was  said  before  to  hold  our  Land  in  Albemarle 
County  on  the  same  Terms  and  conditions  that  Land  was  then  held  in 
Virginia  which  was  at  two  shillings  every  hundred  acres  payable  at  the 
Tenants  house  either  in  Tobacco  at  one  penny  p'  pound  or  Cash  at  the 
Election  of  the  Tenant  So  that  the  rents  in  Virginia  were  payable  in 
Tobacco  at  that  time  and  Consequently  by  the  Grand  deed  here. 

We  are  very  much  concerned  to  see  your  Excellency's  Proclamation 
commanding  us  to  pay  in  Sterling  Money  or  in  bills  at  the  difference 
that  your  Excellency  and  Council  shall  be  pleased  to  assess  which  we 
humbly  conceive  is  contrary  to  our  Laws  Customs  and  even  to  the  condi- 
tions of  the  grand  Deed  and  must  inevitaby  terminate  in  the  ruine  of 
many  of  the  Inhabitants  of  this  Province  both  with  respect  to  the  man- 
ner of  Collecting  the  rents  and  the  distresses  that  may  ensue  thereupon. 

Wherefore  we  humbly  j)ray  your  Excellency  would  be  pleased  to  Issue 
out  a  proclamation  directing  the  Officers  who  are  appointed  to  Collect 
the  quit  rents  to  proceed  in  the  said  Collections  according  to  the  Laws 
and  Customs  of  this  Province  and  that  no  distress  may  be  made  upon 
his  Majesties  poor  tenants  contrary  to  the  same  untill  a  Law  shall  be 
passed  directing  some  other  method  for  collecting  the  said  rents  more 
agreeable  to  his  Majesties  Instructions  and  as  much  as  may  be  for  tiie 
ease  of  his  Majesties  Tenants  which  we  were  in  hopes  would  have  been 
done  by  the  Bill  We  offered  this  Session  and  that  your  Excellency  would 
be  pleased  to  give  a  further  time  for  the  payment  of  arrears  which  does 
not  become  due  by  any  default  of  the  Tenants  refusing  to  pay  those  rents 
but  in  the  officers  neglecting  to  collect  the  same. 

Adjourned  'till  tomorrow. 

Thursday  February  27*.     The  House  met  according  to  adjournment. 

The  house  having  considered  the  report  of  the  Committee  of  Claims 
and  approve  of  the  same  Ordered  that  they  be  Entered  on  the  Journals 
of  tiiis  house  which  are  as  follows  Viz' 


COLONIAL  RECORDS. 


149 


John  Montgomery  Esq' 

Constance  Williamson 

Ayliff  Williams 

Allen  Wells  for  a  negro  executed  at  Cape  Fear 

Thomas  Jones  Blacksmith 

Coll"  Bonner  for  expences  at  the  Governours  arrival 

James  Brickhil  for  ferriages 

Christopher  Becket  for  care  of  the  Council  room 
and  Court  house 

Joshua  Long  for  serving  on  the  grand  Jury 

Col°  Moseley  for  sundrys 

Rob'  Kingham  for  burying  a  drowned  man 

James  Trotter  for  Charge  of  Committees 

Ditto  for  sundry  charges 

Joseph  Anderson  for  copying  the  Laws 

Edward  Howcot 

John  Carter  sundry  Services  dep'^  Marsh" 

James  CJastelaw  Serving  on  the  Grand  Jury 

James  Millikin  Ditto 

William  Willis  for  Do 

Rob'  Hill  for  ferryage 

Edward  Peak 

John  Chilley 

James  Winright 

To  his  Excellencys  Proclamation  for  apprehending 
such  persons  as  Counterfeited  the  Bills  two  per- 
sons being  taken  upon  that  proclamation 

Thomas  Mathews  doorkeep' 

Rob'  Turner  attendance  on  the  Grand  Jury 

Benj*  Peyton  as  Coroner 

Rob'  Halton  for  sundry  sei'vices  and  moneys  as- 
sumed to  Mathew  Young 

William  Mackey  for  sundry  Services 

Rob'  Forster 

Rob'  Boyd 

Humphery  Robinson 

Rob'  West  for  ferriage 

Peter  Young  for  sundry  Services 

George  Alleyn  expences  on  the  committee 

Christopher  Gale  Esq' 

John  Phelps 

Francis  Branch  for  Serving  on  the  grand  Jury 


£410 

0  " 

0. 

£250 

0  " 

0. 

£223 

0  " 

0. 

£150 

0  " 

0. 

£  2 

10  " 

0 

£  84 

0  " 

0. 

C 

00  " 

0. 

18 

00  " 

0. 

5 

00  " 

0 

84 

00  " 

0 

5 

00  " 

0 

23 

2  " 

6 

17 

00  " 

0 

40 

0  " 

0. 

41 

15  " 

0 

32 

12  " 

6 

2 

00  " 

0. 

4 

00  " 

0. 

3 

10  " 

0. 

18 

00  " 

0. 

12 

00  " 

0. 

6 

15  " 

0 

20 

00  " 

0. 

100 


00 


6  " 

00  " 

0 

2  " 

5  " 

0. 

16  " 

16  " 

0 

285  " 

00  " 

0. 

176  " 

5  " 

6 

150  " 

00  " 

0 

17  " 

17  " 

0 

5  " 

00  " 

0 

1  " 

10  " 

0 

11  " 

5  " 

0 

9  " 

3  " 

6 

10  " 

6  " 

0 

5  " 

00  " 

0 

3  " 

15  " 

0. 

150 


COLONIAL  RECORDS. 


Jacob  Butler  Ditto 

Francis  Gregory  two  grand  Juries 

Thomas  Luten  three  Do. 

John  Blount  Three  Do. 

William  Luten  Do. 

Joseph  Ming  Do. 

Thomas  Blount  Serving  one  Grand  Jury 

John  Benbury  Two  Do. 

W.  Benbury  Ditto. 

John  Falconer  one  Ditto. 

John  Charleton  two  Ditto. 

William  Hoskins  Do. 

John  Jones  Ditto. 

Thomas  Jones  Ditto. 

Col°  Henry  Bonner  Do. 

Sam"  Swann  Ditto 

Charles  Westbere  Ditto 

William  Lewis  Ditto 

W™  Downing  Ditto. 

Charles  Denman  Ditto 

Walter  Lane  Ditto 

Rob'  Cam  pain. 

Henderson  Luten  as  grand  Juryman 

Edward  Moseley   Esq''  Ballance  of  his  ace'  with 

the  publick 

Sent  to  the  upper  house  for  Concurrance. 

And  also  have  examined  the  Estimate  of  the   Publick  debts 

they  stand  as  follows  Viz' 

To  the  members  of  the  upper  house  and  their  Of-  i 

>     389  " 
ficers  due  in  former  Assemblies  / 

To  the  Members  of  the  Lower  house  and  their  i 

Officers  due  in  former  Assemblies  J 

To  the  Members  of  the   upper  house  and  their  ) 

-,      .  '-  1222  " 

Officers  for  this  Present  Session  j 

To  the  Members  of  the  Lower  house  for  the  same 
To  amount  of  the  General  Ace'  of  Claims 
Allowed  towards  defraying  his  Excellency  the^ 
Governours  Charges  and  expences  Since  his  ar- 
rival in  this  Government  Travelling  from  Cape 
Fear  with  his  Equippage  &  family  to  Edenton 
and  towards  his  expences  during  the  sitting  of 
this  Present  Session  of  Assembly 


1  " 

5 

(( 

0 

2  " 

10 

a 

0 

.3  " 

15 

(( 

0 

3  " 

15 

" 

0 

1  " 

5 

a 

0 

1  " 

5 

a 

0 

1  " 

5 

u 

0 

2  " 

10 

11 

0 

1   " 

5 

a 

0 

1   " 

5 

11 

0 

2  " 

10 

It 

0 

1  " 

5 

" 

0 

1  " 

5 

" 

0 

1  " 

5 

a 

0 

1  " 

5 

" 

0 

1  " 

5 

a 

0 

1   " 

5 

li 

0 

1  " 

5 

ti 

0 

1  " 

15 

u 

0 

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<i 

0 

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0 

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(I 

0 

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0 

.389 


2828 
2695 


1300 


1  "  11 
and  find 

10  "     0 
10  "     0 


00 


COLONIAL  KECORDS.  151 


Allowed   M'  Chief  Justice  Smith   for  his  former  i 

Services  to  this  Province  in  Going  to  England    / 

To  the  Charge  of  siffnina;  stampiny;  and  exohang-  , 

&  a      h  I     &  g    ,   2500  "     00 


}-^' 


ing  the  sum  of  fourty  thousand  pounds 

To  the  Charge  of  stamping  the  sum  of  ten  thou-  ) 

,  ,      ^    .       *    ,     ^  \     600  "     00  "     0 

sand  pounds  at  six  p   Cent  J 

And  Sent  to  the  upper  house  for  their  Inspection. 

Read  the  Bill  for  the  Security  of  the  Persons  who  have  Seated  Cul- 
tivated &  Improved  Lands  in  this  Province  the  Second  time  and  passed 
with  amendments.     Sent  to  the  upper  house. 

This  house  having  taken  into  their  Consideration  the  great  Services 
done  by  M'  Chief  Justice  Smith  when  in  England  last  for  this  Province 
and  pursuant  to  a  former  Order  of  the  General  Assembly  in  the  year 
one  thousand  seven  hundred  and  thirty  three  Voted  that  he  have  and 
receive  the  sum  of  one  thousand  pounds  and  that  the  same  be  placed  to 
the  Estimate  of  the  publick  debts. 

Received  from  the  upper  house  the  Bill  for  the  security  of  the  jiersons 
&c  Indorsed  Read  in  the  upper  house  the  third  time  and  passed  with 
amendments. 

The  house  adjourned  'till  tomorrow. 

Fryday  February  28""  173f.  The  house  met  according  to  adjourn- 
ment. 

The  following  Message  was  sent  to  his  Excellency  the  Governour  viz' 

May  it  Please  Your  Excell^. 

This  house  having  thought  it  necessary  to  address  your  Excell^  in 
relation  to  the  discharge  of  our  arrears  of  quit  rents  We  pray  your 
ExcelP'  to  let  us  know  when  and  where  you  will  please  to  receive  us 
therewiti).     By  Order  W.  DOWNING  Speak' 

Whereupon  his  Excell^  was  pleased  to  say  that  he  would  receive  this 
house  tomorrow  at  the  Council  Chamber. 

The  Bill  for  securing  Persons  in  their  Titles  was  read  the  third  time 
and  rejected. 

The  following  Message  was  Sent  to  the  upper  house  Viz', 

To  THE  HOXOBLE  THE  UPPER  HOUSE. 

This  house  being  given  to  understand  that  there  will  be  a  conclusion 
to  this  Session  tomorrow  desire  what  Bills  you  have  to  pass  may  come 
to  us  that  we  may  engross  them  ready  for  ratifying  this  Evening. 

By  Oni'  W.  DOWNING  Speak' 


152  COLONIAL   RECORDS. 


Received  from  the  upper  house  the  followiug  Message 
M'  Speaker  &  Gentlem" 

Upon  perusing  the  list  of  Claims  passed  hy  the  Committee  We  find 
certain  articles  of  publick  service  done  by  the  Provost  Marshall  not 
comprised  therein  in  the  whole  amounting  to  the  sum  of  £315  we  also 
find  certain  articles  of  public  service  done  by  the  Sec'''  or  Clerk  of  the 
Council  not  comprised  therein  amounting  to  the  sum  of  £270.10-  We 
are  of  opinion  that  in  the  Estimate  of  the  pnblick  Charge  those  sums 
ought  to  be  added  and  the  Charge  of  this  day  and  tomorrow  ought  also 
to  be  Included  in  the  charge  of  this  present  session  we  cannot  proceed 
on  the  Bill  for  granting  to  his  Majesty  the  sum  of  ten  thousand  pounds 
for  the  Service  of  the  Publick  of  this  Province  and  for  Laying  a  tax 
on  the  Inhabitants  of  the  same  for  the  payment  thereof  until  we  have 
the  Estimate  of  the  publick  debts  to  be  added  thereto.  If  your  house 
will  send  up  the  Estimate  so  rectified  we  will  Immediately  proceed  to 
pass  the  same.     By  Order  R.  FORSTER  C:  U:  h: 

Sent  to  the  upper  House  the  account  of  claims,  account  of  the  Assem- 
blies wages  the  account  of  the  wages  of  the  members  of  this  Present 
Session  and  the  Estimate  of  tlie  publick  debts  with  the  following  Mes- 
sage Viz' 

To    THE    HoNOBLE    the    UPPER    HOUSE 

In  Compliance  with  your  Message  we  have  sent  an  Estimate  of  the 
Charges  of  this  Session  including  tomorrow  but  as  to  what  you  mention 
of  the  publick  Services  done  by  the  provost  Marshall  and  Clerk  of  the 
Council  which  you  say  are  not  allowed  by  the  Committee  we  are  of 
opinion  that  the  said  Committee  have  allowed  whatever  was  usual  and 
Customary  to  be  allowed  for  services  of  that  nature  therefore  can't  con- 
sent to  make  any  further  allowance. 

Received  from  the  upper  house  the  following  Message  Viz': 

Feb'^  28  1734  [1735] 
M'  Speaker  and  Gentlem"  Upp'  House 

In  answer  to  your  Message  just  now  received  we  are  of  opinion  that 
we  cannot  with  common  Justice  recede  from  the  Charge  made  by  us  of 
the  additional  sums  to  the  Secr^  and  the  provost  Marshall  which  we 
hoped  would  have  been  added  to  the  Estimate  whatever  might  have  been 
the  sense  of  your  Committee  on  those  accounts  we  are  surprised  you 
should  again  send  up  a  fair  copy  of  the  Estimate  without  so  much  as 
taking  Notice  of  the  sum  of  £2,500  Charges  of  stamping  the  New  Cur- 
rency and  which  by  a  Law  Passed  both  houses  this  Session  was  to  be 


COLONIAL  liLCOiiDS.  15;J 


sunk  by  the  Law  which  now  lyes  before  u.s  for  stamping  the  sum  £10,000 
the  Charge  of  which  also  amounts  £600  in  all  £3100  these  sums 
together  with  what  are  before  mentioned  we  still  hope  you'll  add  to  the 
Estimate  to  make  it  compleat  before  we  read  the  Bill  a  Second  time 
otherwise  it  might  lay  us  under  an  obligation  to  reject  it. 

By  Order  R.   FORSTER  C :  U  :  h  : 

The  house  adjourned  'till  tomorrow. 

Saturflay  March  1°'.     The  house  met  according  to  adjournment. 
Sent  the  following  Message  to  the  upper  House 

To    THE    HONOBI.E   THE    UPPER    HOUSE 

In  answer  to  your  Message  of  yesterday  we  must  beg  leave  to  acquaint 
you  that  we  think  we  can't  in  common  Justice  to  our  Country  make  any 
addition  to  the  sum  allowed  the  Seer''  or  Clerk  of  the  Council  and  pro- 
vost Marshall  which  we  hoped  would  have  been  satisfactory. 

We  have  agreed  to  put  the  sum  of  five  hundred  Charges  for  stamping 
the  new  Currency  as  also  the  600  Charges  for  stamping  the  1000  to 
the  Estimate  which  we  herewith  send  you.     By  Ord' 

JOS:  ANDERSON  C"' Gen' Assembly. 

Received  from  the  upper  house  the  Bill  for  granting  to  his  Majesty 
the  sum  of  £14150.3.2  for  the  Service  of  the  pnblick  of  this  Prov- 
ince &c.  Indorsed  read  in  the  upper  house  a  Second  time  and  passed 
with  amendments.     By  Ord'  ROB.  FORSTER  C :  U :  H  : 

The  Committee  appointed  by  both  houses  to  receive  the  publick  moneys 
from  the  several  Pretnnct  Treasurers  Powder  Receivers  and  others  report 
that  they  have  receive<l  the  same  which  report  was  approved  of  and 
resolved  that  the  New  money  in  the  hands  of  the  said  Committee  shall 
be  applyed  to  the  paying  of  the  several  meml)ers  of  both  houses  for  their 
Service  and  attendance  on  this  Session  except  such  members  as  shall  be 
in  arrear  to  the  Publick  who  shall  discount  his  wages  as  far  as  they  will 
go  towards  the  making  up  Such  arrears. 

Read  the  Bill  for  granting  to  his  Majesty  the  sum  of  £14150.3.2  the 
third  time  and  passed.     By  Ord' 

JOS:  ANDERSON  C^"  Gen"  Assem: 

Received  the  said  from  the  upper  house  passed  the  third  time  and 
Ordered  to  be  Engrossed. 

Received  from  the  upper  house  their  Concurrance  with  the  Message 
of  this  house  concerning  appointing  precinct  Treasurers  in  the  room  of 

20 


154  COLONIAL  RECORDS. 


those  deceased.  Whereupon  a  Message  was  sent  to  his  Exccll^  the  Gov- 
ernour  desiring  he  would  be  pleased  to  appoint  such  as  he  should  think 
proper. 

Sent  the  following  Message  to  the  upper  house  Viz' 

To  THE  HONOBLE  THE  UPPER  HOUSE, 

The  Comittee  appointed  to  receive  the  Publick  moneys  by  their  Re- 
port it  appears  they  have  received  a  sum  of  the  old  Bill  money  we  desire 
the  opinion  of  your  House  what  shall  be  done  therewith. 

ByOrd'  JOS:  ANDERSON  C"  Gen'  Assembly. 

Sent  the  following  Message  to  the  upper  house 

To  THE  HONOBLE  THE  UPPER  HOUSE, 

Whereas  it  appears  by  the  report  of  the  Coinittee  for  receiving  pub- 
lick  moneys  that  there  are  several  persons  who  have  sums  of  money  in 
their  hands  due  to  the  publick  and  have  not  paid  in  the  same  It  is 
ordered  that  the  C"'  of  the  Gen'  Assembly  give  publick  Notice  in  writ- 
ing to  such  persons  to  attend  at  the  next  Assembly  and  pay  in  the  same. 
By  Order  JOS  :  ANDERSON  C"  Gen'  Assem : 

Sent  the  following  Message  to  his  Excell^  the  Governour  Viz' 

May  it  Please  your  Excell^, 

This  house  is  now  ready  to  wait  on  your  Excell^  with  the  Laws 
passed  this  Session  in  order  to  have  your  Excell^'  Assent  Also  with  the 
address  of  this  house  Concerning  the  arrears  of  quit  rents  due  to  his  Maj- 
esty. 

We  humbly  pray  your  Excell^  will  be  pleased  to  let  us  know  when 
and  where  your  Excell^  will  receive  us.  W.  DOWNING  Speak' 

Reed  a  Mesijtige  from  his  Excell''  That  he  was  ready  to  receive  this 
house  in  the  Council  Chamber. 

Whereupon  the  house  in  a  full  body  waited  on  his  Excellency  where 
were  read  and  passed  his  Excell''''  the  following  Laws  Viz' : 

An  Act  for  stamping  and  exchanging  the  Present  Bills  of  Currency 
of  this  province  and  for  the  better  explaining  an  act  of  the  General  As- 
sembly passed  the  27""  day  of  November  1729  entituled  an  Act  for  mak- 
ing and  Emitting  the  sum  of  fourty  thousand  pounds  publick  bills  of 
Credit  of  North  Carolina. 

An  Act  for  repealing  a  Clause  in  an  act  entituled  an  act  relating  to 
Biennial  and  other  Assemblies  which  empowers  freemen  of  the  several 
Precincts  to  vote  for  members  of  Assembly  and   declaring  what  persons 


COLONIAL  llECOKDS.  16r. 


shall  be  qualified  to  v<jte  for  members  to  sit  in  General  Assembly  and 
also  qualification  of  Members  for  the  future. 

An  Act  for  reviving  an  Act  entituled  an  additi(jnal  act  to  the  act  for 
the  Tryall  of  small  and  mean  causes. 

An  Act  for  Laying  a  duty  on  Liquors  for  and  towards  defraying  the 
contingent  Charges  of  the  Government  and  to  make  a  Poll  Tax  on  the 
poorer  Inhabitants  more  easy. 

An  Act  to  ascertain  the  allowance  of  his  Majesties  Council  and  the 
Members  of  Assembly  of  this  Province. 

An  additional  Act  to  the  Act  concerning  Roads  and  ferrys. 

An  Act  for  Laying  out  making  altering  and  Keeping  in  i-epair  the 
several  Roads  and  highways  within  the  several  Precincts  of  the  County 
of  Bath  and  for  building  bridges  cleansing  and  Keeping  clean  the  sev- 
eral Rivers  and  Creeks  within  the  same. 

An  Act  to  confirm  and  Establish  the  Precincts  of  Onslow  and  Bladen 
and  for  appointing  the  same  distinct  Parishes. 

An  Act  for  granting  to  his  Majesty  the  sum  of  fourteen  thousand  one 
hundred  and  fifty  pounds  three  shillings  and  two  pence  tor  the  service  of 
the  publick  of  this  Province  and  for  Laying  a  Tax  on  Inhabitants  of 
the  same  for  the  payment  thereof  and  for  stamping  the  sum  of  ten  thou- 
sand pounds  Bills  of  Credit  for  the  more  Immediate  discharge  of  part 
thereof. 

Afterwarils  M"'  Speaker  presented  his  Excell''  with  the  address  of  this 
house  concerning  the  arrears  of  quit  rents  whereupon  his  Excell^madea 
Speech  and  then  prorogued  the  Assembly  to  the  first  day  of  July  next 
of  which  Speech  M"'  Speaker  obtained  a  Copy  and  Ordered  that  the  same 
be  entered  on  the  Journals  of  this  house  which  is  as  follows  Viz' 

[For  the  Governor's  Address  proroguing  the  Legislature,  see  Journal 
of  the  Upper  House. — Editor.] 

M'  Speaker  reported  to  this  house  that  his  Excell^  told  him  in  the 
Council  Chamber  that  he  had  appointed  M'  Castelaw  Treasurer  for  Ber- 
tie precinct  M'  Allen  for  New  Hanover  and  M"  Burnham  for  Pasquo- 
tank. 


156  COLONIAL  RECORDS. 


1736. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  75.] 

Heads  of  what  is  proposed  by  Henry  M°Culloh  in  the  Settlement  of 

the  Two  Tracts  of  Land  Petitioned  for.     Feb.  173f. 

1°'.  I  intend  to  settle  a  person  I  am  now  concerned  with  in  South  Caro- 
lina who  is  a  man  of  considerable  fortune  upon  the  Head  of  the  North 
East  Branch  of  Cape  Fear  River.  I  am  at  the  same  time  to  send  over 
a  considerable  number  of  Workmen  to  build  small  Houses  for  such  peo- 
ple as  I  intend  to  send  there  from  Europe  to  carry  on  the  Pott  Ash 
Trade  and  for  the  raising  Hemp  and  other  Naval  Stores  Equal  to  the 
undertaking  in  my  Petition  the  number  I  propose  to  settle  on  this 
Tract  is  one  hundred  and  eighty  substantial  people. 

2iidiy  Upon  the  Tract  on  the  Head  of  the  North  West  River  I  intend 
to  fix  the  said  Gentleman's  brother  and  also  to  send  over  to  that  place 
proper  Workmen  for  the  founding  of  a  Township  and  after  the  Houses 
are  prepared  for  them  to  settle  one  hundred  and  Twenty  like  substantial 
people  and  there  intend  to  apply  a  considerable  sum  of  money  for  carry- 
ing on  the  furr  Trade  as  well  as  raising  Hemp  and  other  Naval  Stores. 

It  is  to  be  remarked  here  that  tho  the  number  of  people  are  not  so 
many  as  might  at  first  be  expected  yett  that  there  must  necessarily  be  a 
great  addition  of  servants  and  slaves  for  the  carrying  on  of  this  under- 
taking and  that  though  I  engage  for  no  more  than  three  hundred  yett  as 
the  Settlement  grows  it  will  be  my  Interest  greatly  to  encrease  that  num- 
ber. 

North  Carolina  hitherto  has  been  very  inconsiderable  as  to  Trade  and 
tho  there  is  near  40000  Whites  in  that  Colony  which  is  one  third  more 
than  in  the  South  yett  there  Produce  is  not  equal  to  one  Tenth  part  and 
we  have  not  had  so  much  as  one  ship  from  that  Colony  this  last  year 
which  plainly  shews  what  necessity  there  is  to  incourage  those  that  are 
willing  and  capable  to  introduce  Trade  and  Commerce  amongst  them. 

It  is  to  be  presumed  from  this  State  of  the  Colony  it  will  appear  that 
a  settlement  carried  on  in  the  manner  above  hinted  at,  by  trading  people 
will  answer  all  the  ends  proposed  in  giving  such  Grants  to  the  under- 
taker For  trade  naturally  occasions  an  Increase  of  people  and  in  such  case 
the  settlement  becomes  lasting.  And  at  the  same  time  puts  those  that  are 
already  settled  there  on  new  methods  of  Industry  which  will  inrieh  the 
Colony  and  make  it  usefull  to  its  mother  Country. 


COLONIAL  liECOKDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  74.] 

A  Description  of  the  Grant  of"  Land  de.sired  by  Mr.  Jenner  and  tlie 

Svvitzers. 

M'  Jenner  Agent  for  tlie  Switzers  who  propose  to  Settle  in  Nortii 
Carolina  desires  to  have  the  Lands  liitiierto  nngranted  allowed  for  them 
that  are  scituated  between  Roaiioak  River  and  the  West  Branch  of  Cape 
Fear  River  above  the  Indian  trading  path  home  to  tiie  monntains.  Li 
lien  of  tlie  lands  on  Neus  River  before  requested. 

Rece*  February  173f. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  78.] 

My  Lords,  [of  the  Board  of  Trade] 

Haveing  done  myself  the  honour  frequently  to  attend  your  Board, 
with  M'  Jenner  Agent  for  the  Switzers  who  propose  to  settle  in  North 
Carolina  I  beg  leave  to  make  a  few  ob-servations  on  the  answer  retui-ned 
by  M'  Popple  to  the  said  Agent's  Petition. 

I  am  humbly  of  opinion  that  your  Lordships  rec(jmmending  and 
adviseing  the  Government  of  North  Carolina  to  pa.ss  an  Act  in  the 
A.ssembly  of  that  Province  for  naturalizeing  the  Switzers  and  other  For- 
eign Protestants  who  go  there  to  live  will  be  sufficient.  As  it  cannot  be 
imagined  that  the  Switzers  will  be  possessed  of  any  goods  to  vend  in 
America  except  a  little  course  linen  manufactured  by  themselves  the 
Custom  House  Officers  att  Cowes  may  be  directed  to  give  the  vessells 
that  carry  them  all  po.ssible "dispatch. 

I  believe  there  is  no  place  in  his  Majesties  American  Dominions 
where  these  people  could  be  placed  so  much  for  the  Kings  benefit  as  on 
the  very  land  petitioned  for  the  same  being  remote  from  the  sea  or  any 
navigable  water,  on  the  uppermost  part  of  North  Carolina  adjoining  on 
Virginia  and  South  Carolina  ;  by  this  scituation  the  Inhabitants  of  three 
Provinces  may  advantage  themselves  by  learning  from  '  the  Swiss  to 
raise  Hemp  and  Flax,  make  Silk  and  Pot  Ash  ;  plant  vineyards,  and  in 
time  produce  good  wine.  The  Switzers  that  went  into  South  Carolina 
think  they  were  impo.sefl  upon  and  ill  used,  many  of  them  are  dead 
those  yet  alive  are  very  much  di.ssatisfyed  with  their  condition  and 
have  or  do  design  to  quit  that  Province  as  I  have  i>een  lately  informed. 
Nova  Scotia  is  a  Country  improper  for  Switzers  to  live  in  being  neither 


158  COLONIAL  RECORDS. 


seamen,  nor  Fishermen;  there  hunger  and  cold  would  soon  destroy 
them,  the  winters  being  very  severe  eight  months  in  a  year. 

I  cannot  help  thinking  the  Switzers  in  the  wrong  in  demanding  or 
desn-ing  to  have  lands  appropriated  to  their  use  exclusive  of  the  Eng- 
lish, but  as  it  is  a  possitive  Instruction  from  the  principals  in  the  Cantons 
hope  your  Lordships  will  discover  an  Expedient  to  their  satisfaction. 

The  Answers  to  the  S*  and  6""  Articles  are  so  full  and  excellently 
expressed  that  nothing  need  be  added.  I  am  certain  it  would  be  an 
advantage  to  the  Crown  and  prejudice  no  man  if  every  Switzer  that  went 
into  North  Carolina  would  take  up  a  thousand  acres  provided  he  was 
able  to  pay  the  Quit  Rents.  That  Province  is  computed  to  contain 
thirty  millions  of  acres  of  which  att  most  there  are  not  above  three 
millions  taken  up,  the  sooner  the  remainder  is  taken  the  faster  the  Rents 
will  encrease  and  promote  Trade  and  cause  a  greater  consumption  of 
the  British  Commoditys  in  that  Province  when  all  the  Lands  in  North 
Carolina  are  patented  the  Crown  will  have  a  vast  extent  of  Country  to 
people  from  the  Borders  of  that  Province  to  Mississipi  River,  in  the 
which  there  are  an  infinite  quantity  of  very  rich  and  healthy  places.  I 
think  M"'  Jenner  has  been  very  modest  in  desiring  but  one  thousand 
acres  for  each  Gentleman  :  by  that  appellation  Officers  Civil  and  Military 
and  such  as  have  fortunes  to  maintain  themselves  without  working,  or 
exerciseing  Trades,  are  generally  called  and  distinguished.  The  Kings 
Surveyor  General  in  N.  Carolina  doth  not  make  the  surveys  of  lands 
himself  he  keeps  one  or  more  Deputies  in  Each  precinct  to  do  that 
work  for  which  he  gives  them  a  part  of  his  Fees  there  can  be  no  objec- 
tion reasonably  made  against  a  Switzers  acting  as  Deputy  Surveyor : 
Patents  are  signed  and  pass  the  seal  before  they  are  recorded  in  the  Sec- 
retary Office  the  Fees  for  taking  up  four  hundred  acres  of  land  come  so 
near  four  pounds  which  the  officers  may  well  remit  on  this  extraordinary 
occasion  because  their  Perquisites  will  be  much  augmented  by  the  comeing 
of  a  number  of  Switzers.  There  is  no  likelihood  that  any  other  people 
would  live  on  the  Lands  the  Swiss  desire  to  possess  in  a  long  time,  it 
must  prove  very  difficult  for  the  Switzers  to  raise  money  sufficient  for 
the  intended  voyage  to  America  from  their  own  present  habitation  they 
must  travel  to  the  City  Basil  by  land,  from  thence  down  tlie  River  to  Rot- 
terdam which  the  passage  boats  are  more  than  a  month  performing,  the 
passengers  lyeing  on  shoare  every  night  five  pounds  each  person  is  the 
least  they  can  be  carried  for  into  America,  on  ship  provisions;  if  they 
take  any  strong  liquors  or  fresh  meat  with  them  they  must  pay  for  them 
besides,  when  they  arrive  in  Virginia  or  N.  Carolina  they  must  travel  at 
least  one  hundred  and  twenty  miles  on  land;     by  this  your  I^ordships 


COLONIAL  RECORDS.  169 


may  perceive  what  fatigues  and  charges  these  Switzers  will  sustain  before 
they  enter  the  desired  Land  when  they  get  there  it  will  be  three  years 
before  tliey  can  produce  anything  to  sell.  The  Kings  service  has  been 
the  only  motive  that  induced  me  to  concern  myself  in  this  affair  there- 
fore hope  your  Lordships  will  excuse  the  liberty  I  have  taken  in  pre- 
senting my  sentiments  to  the  Lords  of  Trade,  on  this  uncommon  and 
important  affair  I  am,  My  Lords  &c. 

March  11""  1735.  [1736]  GEO:  BURRINGTON 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  20.] 

A  Memorial  Concerning  the  Switzers  going  to  settle  in  the  Plantations 

of  America. 

Humbly  pre,sented  to  the  perusal  of  the  Right  Honourable  the  Lords 
Commissioners  for  Trade  and  Plantations. 

As  your  Lordships  have  been  of  late  much  occupied  about  several 
parties  pretending  to  make  settlements  of  Switzers  in  Carolina,  I  thought 
it  proper  to  lay  before  your  Lordships  a  true  state  of  the  Management 
of  these  undertakings,  and  the  consequence  which  have  already  and  in 
the  future  will  follow  upon  them. 

It  is  most  certain  Switzerland  is  much  peopled,  that  a  great  many  In- 
habitants might  be  spared  in  that  CV)untry,  and  there  could  be  ingaged  a 
considerable  number  of  them,  if  the  management  thereof  was  conducted 
with  prudence,  discretion  and  secrecy,  and  to  shew  that  the  Switzers  are 
esteemed  some  of  the  mo.st  laborious  and  industrious  people  for  hu.s- 
bandry  in  all  the  neighbouring  Counties  where  many  of  them  are  .settled, 
and  by  the  Inhabitants  esteemed  for  the  best  Husbandmen,  an  evidence 
thereof  is,  that  they  can  subsist  and  thrive  where  others  could  not  pay 
their  Rents.  A  Creditable  Gentleman  from  Virginia  writes  on  their 
behalf  concerning  their  settlement  upon  Savanah  River  viz:  I  have  all 
along  been  fearful!  for  them,  having  a  kindness  for  a  Nation  who  have 
the  faire.st  Character  for  honesty  and  diligence  of  any  other  in  Europe 
and  envy  any  Country  that  is  peopled  with  them  with  many  other  kind 
expressions  in  his  letters 

The  Governments  of  Switzerland  and  particularly  the  Canton  of  Bern 
did  suffer  several  times  of  their  people  to  go  to  America,  in  1709  there 
went  for  North  Carolina  and  settled  upon  News  River  70  Persons 
those  which  were  not  destroyed  in  the  Indian  War  are  now  very  well 
settled  :     The  late  M'  Purry  carried  in  3  several  times  about  600  Persons 


160  COLONIAL  RECORDS. 


over,  but  the  management  of  it  caused  a  great  Confusion,  the  People 
were  eager  to  go  in  so  fine  and  fruitfull  a  Country,  as  was  described  them 
in  a  little  book  of  his  without  giving  them  any  caution  or  instruction 
about  the  voyage  (as  I  did  in  mine  printed  in  1711)  which  caused  so 
many  poor  Switzer  Familys  to  come  over  here  in  their  ignorance  2  years 
ago,  to  the  great  disgust  of  this  city,  to  be  troubled  in  all  the  Streets, 
with  so  many  poor  strange  people,  and  by  experience  it  was  found  that 
very  little  was  true  of  what  he  advanced  in  the  sayd  discription,  and  the 
most  materiall  omitted,  so  that  by  the  report  from  these  people  a  good 
part  of  them  died,  if  not  half  and  very  few  were  excepted  of  dangerous 
sicknesses,  and  the  remaining  find  themselves  in  a  worse  condition  then 
they  were  in  their  own  Country.  All  which  coming  to  the  knowledge  of 
the  Governments  of  Zuricli  and  Bern  (which  are  the  most  considerable 
Cantons)  they  have  very  stricktly  prohibited  any  of  their  subjects  for  the 
future  to  go  out  of  their  dominions  for  America,  which  is  chiefly  owing 
to  the  Ignorance  and  Imprudence  of  the  late  M"'  Purry's  management. 
There  are  but  some  little  Cantons  as  Apenzel  &c:  where  they  have  still 
liberty  to  go,  of  which  Canton  went  last  October  about  30  Familys  to 
the  Savanah  River,  the  Manager  being  now  here,  for  soliciting  an  assist- 
ance towards  their  settlement  the  County  will  be  but  little  the  better  for 
these  poor  people  they  will  soon  decrease  considerably  and  an  assistance 
will  be  l)ut  ill  iiii))loyed  as  well  as  upon  those  that  were  sent  2  years  ago 
at  the  charge  of  the  Government  to  Purishourg  when  about  40  of  109 
died  in  2  months  after  their  arrival  that  all  the  money  was  lost  so  em- 
ploy'd  for  them  ;  this  Manager  intending  to  go  shortly  to  Switzerland  to 
bring  a  more  considerable  number  over  for  Savanah  River :  Another  party 
of  6000  Switzers  hath  been  proposed  to  settle  in  North  Carolina  upon 
News  River,  by  the  Agent  of  Governour  Johnston  I  cannot  conceive 
where  they  will  get  them  unless  tliey  grow  in  the  ground  like  corn,  and 
this  which  was  proposed  by  M'  Jenner  which  of  all  will  soonest  thrive 
and  is  the  most  likely  to  prosper. 

The  so  many  different  partys  they  pretend  to  settle  Switzers  in  America 
will  cause  great  disturbances  in  Switzerland  that  it  will  certainly  be  pro- 
hibited by  all  the  rest  of  the  Protestant  Governments  that  none  more  of 
their  subjects  will  be  permitted  to  go  for  America. 

Therefore  if  their  Lordships  are  convinced  that  the  Switzers  are  fit  to 
be  encouraged  for  tlieir  knowledge  and  Industry  in  Husbandry 

It  is  humbly  offered  to  their  Lordships  wise  consideration  to  be  requi- 
site to  examine  where  these  people  are  fittest  to  be  settled,  that  they  may 
preserve  their  health,  and  prove  most  serviceable  to  the  Nation  by  pro- 
ducing to  perfection  what  they  understand  best  to  cultivate,  viz :  wheat 


COLONIAL  RECORDS.  161 


and  other  grains,  vinew,  hemp,  flax,  Cotton  (in  silk  and  Potash  they 
mnst  be  instructed)  and  many  other  usefull  commoditys;  if  the  settling 
upon  Savanah  River  is  seriously  examined  it  is  evident  not  to  be  proper 
for  the  Switzers  who  live  in  their  high  and  dry  Country  in  a  serine  air, 
to  bring  these  people  in  a  sultry  hot  climate,  lowe  and  marshy  land  is 
the  reverse  of  their  own  Country  and  cannot  but  be  fatal  to  their  lives 
and  health  as  the  examples  have  already  proved,  neither  will  they  be 
then  profitable  to  the  Nation  for  production,  since  nothing  can  be  de- 
pended upon  to  reap  benefit  by  I)ut  the  planting  of  Rice  which  requires 
heat  and  low  wet  land,  yet  without  slaves,  which  are  inured  to  the  heat 
of  tile  sun  it  cannot  be  produced  with  success,  the  poor  that  have  no 
means  to  purchase  slaves  must  perform  the  work  themselves,  which  in 
that  heat  of  the  Country  will  make  them  languish,  cast  them  in  Fevers  and 
bring  tliem  to  the  Grave,  as  several  have  experienced  that  took  servants 
with  them  of  which  one  after  the  other  died ;  the  Rice  being  now  already 
most  overstocked  they  will  add  no  Benefit  to  the  nation  and  other  Grains 
do  not  come  so  plentifully  as  North  wests,  Hemp  and  Flax  attains  not 
half  the  length  as  in  Europe,  the  heat  brings  too  soon  to  maturity,  the 
dairy  is  not  so  well  furnished  from  the  Cattle  as  in  the  Northern  parts, 
so  that  they  come  short  in  everything  except  Rice. 

It  is  certain  that  among  all  the  proposed  settlements  none  will  be  so 
proper  to  answer  the  ends  of  making  a  prosperous  one  as  that  which  was 
proposed  by  M"'  Jenner  towards  the  Mountains  in  North  Carolina  or 
Virginia  both  for  the  peoples  health  and  plentifull  production :  which 
deserves  to  be  countenanced  above  the  others  for  if  a  good  foundation  is 
lay'd  there,  and  a  good  report  of  such  a  settlements  prosperity  comes  to 
Switzerland  it  will  encourage  a  great  many  to  follow  them,  then  this 
Colony  will  be  of  great  service  to  the  nation  when  they  have  good  land, 
and  by  the  influence  of  the  Climate  be  enabled  to  import  into  this  king- 
dom large  quantities  of  their  productions  which  are  chiefly  desired  and 
wanted. 

If  these  reasons  are  granted  to  be  undeniabh-  admitted  and  their  Lord- 
ships approve  thereof,  the  best  method  would  be  to  appoint  that  part  of 
Virginia  and  North  Carolina  as  we  proposed  for  all  the  Switzers  to  settle 
upon,  and  to  direct  those  which  desire  to  settle  in  America  thither,  that 
they  may  prove  there  most  serviceable  to  [the]  nation  which  would  give  no 
small  satisfaction  to  the  Governments  of  the  Protestant  Cantons  in  Swit- 
zerland if  they  were  convinced  that  their  subjects  were  taken  care  of,  for 
the  preservation  of  their  lives  and  welfare:  all  which  is  humbly  submit- 
ted to  their  Lordships  wise  Judgment  and  consideration  bv  a  sincere  well 
21 


162  COLONIAL  RECORDS. 


wisher  to  the  prosperity  of  the  Nation  and  these  people  in  question  who 
is  with  the  greatest  submission  and  due  respect 
Their  Lord  Shipps  most  &e 

JOHN  RODOLPH  OCHS 
In  the  name  of  his  friends  in  Switzerland. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Voi,.  10.  B.  5.] 

At  the  Court  at  S'  James  the  29'"  of  April  1 736  Present  the  Kings 
most  Excellent  Majestv  in  Council 

Whereas  Henry  M°Cullock  of  London  Merchant  hath  by  Petition  to 
His  Majesty  at  this  Board  humbly  represented,  "That  there  are  vast 
'Quantitys  of  Land  in  His  Majesty's  Colony  of  North  Carolina  uucul- 
'tivated  and  particularly  on  the  Branches  of  Cape  Fear  River  wherein 
'few  or  no  settlements  have  been  made  till  within  these  twelve  years  and 
'them  at  present  very  inconsiderable,  That  if  the  same  were  cultivated 
'and  improved  they  might  not  only  increase  his  Majesty's  Quit  Rents 
'  but  be  rendered  greatly  advantageous  to  this  Kingdom  in  the  Produc- 
'tion  of  Hemp,  Pitch,  Tarr  and  other  kinds  of  Naval  Stores  as  also  in 
'  the  making  of  Pot  Ashes  which  has  hitherto  miscarried  for  want  of 
'applying  a  proper  espence  in  Engaging  Persons  from  Foreign  parts  to 
go  over  there  who  are  well  skilled  in  making  that  Comodity,  the  Im- 
'portation  whereof  from  the  Baitick  to  Great  Britain  is  yearly  above 
'  Two  Thousand  Three  Hundred  Tons  which  at  24  pounds  per  Ton  at 
'  first  cost  Duty  and  Freight  excepted  amounts  to  fifty  five  thousand  two 
'Hundred  Pounds  besides  which  advantages,  the  said  Lands  are  -well 
'situated  for  carrying  on  a  Firr  Trade  with  the  Indian  Nations  in  that 
'Neighbourhood.  That  the  Petitioner  is  willing  to  Settle  Two  Tracts  out 
'of  the  said  large  Quantitys  of  uncultivated  Lands  if  His  Majesty  shall 
'  be  pleased  to  grant  the  same  to  him.  That  is  to  say  one  Tract  of  Seventy 
'Two  Thousand  Acres,  situated  upon  the  North  East  Branch  of  Cape 
'  Fear  River  from  the  second  High  Bluff  upwards  or  thereabouts  and 
'  leading  towards  the  point  of  Trent  River  on  the  East  side  and  on  the 
'West  towards  the  Head  of  the  Black  River,  and  the  other  Tract  of 
'  sixty  thousand  acres  situated  towards  the  North  West  at  or  near  a  place 
'there  commonly  called  or  known  by  the  name  of  the  Haw  Fields  and 
'lying  between  the  North  west  branch  of  Cape  Fear  River  and  tiie  head 
'of  tlie  Neus  River  and  the  Petitioner  will   undertake  to  .settle  thereon 


COLONIAL  RECORDS.  163 


"three  Hundred  Protestants  in  tlie  space  of  ten  years  and  to  encrease 
"that  number  from  time  to  time  as  he  shall  find  encouragement  from  the 
"place  and  Trade  intended  to  be  earryed  on  there  whereby  he  hopes 
"in  time  to  prove  very  beneficial  to  Great  Britain  and  to  considerably 
"autjment  His  Majesty's  Quit  Rents;  But  that  as  an  undertaking  of  this 
"kind  will  be  attended  with  very  great  Hazards  and  even  the  most  for- 
"  tunate  of  tliem  witli  great  Expenses  at  their  first  outsett  and  particularly 
"to  tiie  Petitioner  who  intends  to  contract  with  Persons  from  Foreign 
"  Parts  from  whence  Pot  Ashes  are  now  imported  into  this  Kingdom  to 
"go  over  to  the  said  Colony  to  carry  on  the  making  of  that  Comodity 
"there  and  that  as  a  great  many  servants  and  slaves  will  be  necessary 
"  more  than  the  said  three  Hundred  Persons  above  engaged  to  be  settled 
"and  as  both  the  said  Tracts  of  Land  are  some  Hundred  miles  from  the 
"seat  of  Government  and  will  be  a  kind  of  barrier  to  the  more  inner 
"parts  of  the  said  Colony  the  Petitioner  humbly  hopes  that  all  reasona- 
"  ble  Encouragement  may  be  given  to  the  undertaking  and  particularly 
"an  exemption  from  Quit  Rents  for  the  space  of  Ten  years.  The  Peti- 
"tioner  therefore  most  humbly  prays  that  His  Ma'^  would  be  graciously 
"pleased  to  direct  the  Surveyor  of  His  Majesty's  Lands  in  North  Caro- 
"lina  or  His  Deputy  to  survey  and  lay  out  the  said  Two  Tracts  of  Land 
"and  His  Majesty's  Goveruor  there  to  pass  a  Grant  under  the  seal  of  the 
"  said  Colony  to  the  Petitioner  and  His  Heirs  of  the  said  Lands  so  to  be 
"  laid  out  with  the  aforesaid  Encouragement  subject  to  be  void  as  to  so 
"much  thereof  as  the  Petitioner  shall  not  settle  according  to  the  I'ropo- 
"sals  aforesaid. 

His  Majesty  having  taken  the  opinion  of  a  Committee  of  the  Lords 
of  His  Majestys  most  Honble  Privy  Council  as  also  of  the  Lords  Com- 
missioners for  Trade  and  Plantations  thereupon,  and  being  inclined  to 
give  all  encouragement  to  the  settling  of  Lands  in  His  Plantations  in 
America,  is  graciously  pleased  to  condescend  to  the  Petitioners  Request 
and  His  Majesty  thereupon  thought  proper,  by  his  Order  in  Council  of 
this  day  to  direct  the  Surveyor  General  of  His  Majestys  I>auds  in  North 
Carolina  or  his  Deputy,  to  lay  out  &  survey  the  said  seventy  two  thou- 
sand Acres,  and  also  the  said  sixty  thousand  acres  of  Land  within  the 
limits  describ'd  in  the  above  recited  Petition  :  And  His  Majesty  is  hereby 
pleased  to  order,  that  Gabriel  Johnston  Esq"'  His  Majestys  Governor  of 
North  Carolina  or  in  His  absence  the  Commander  in  Chief  of  tlie  said 
Province  for  the  time  being,  do  pass  under  the  seal  of  that  Province,  a 
Grant  of  the  said  Lands  when  they  shall  have  been  so  laid  out  and  sur- 
veyed, to  the  Petition'  His  Heirs  and  Assigns,  according  to  the  Petition- 
er's above   mentioned   Proposalls ;    subject  to  be  Void  as  to  so   much 


164  COLONIAL  KECORDS. 


thereof  as  shall  not  be  settled  agreeable  to  the  said  Proposals,  and  that  a 
clause  be  inserted  in  the  said  Grant  to  exempt  the  said  Lands  from  Quit 
Rents  for  the  first  ten  Years  after  the  Date  of  such  Grant,  and  also  a 
saving  Clause  as  to  the  right  of  such  as  may  have  a  Lawfull  Claim  to 
any  of  the  said  Lands  by  virtue  of  Grants  made  and  authenticated  to 
them  before  the  said  Governor  shall  be  apprised  of  His  Majesty's  Pleas- 
ure hereby  signified  for  passing  the  said  Grant  to  the  Petitioner. 
A  true  Copy.  TEMPLE  STANYAN. 


[B.  P.  E.  O.  North  Cakolina.  Am:  &  W.  Ind:  No.  593.] 

To  the  King's  Most  Excellent  Majesty  the  Petition  of  George  Burring- 
ton  late  Governor  of  North  Carolina,  most  humbly  sheweth, 
That  your  Petitioner  was  appointed  Governor'  of  the  said  Province 
in  the  year  1730,  and  then  received  your  Majesty's  warrant  to  be  paid 
seven  hundred  pounds  per  annum,  for  a  salary  out  of  the  Quit  rents, 
during  the  whole  time  your  Majestys  petitioner  remained  Governor  no 
order  was  given,  nor  taken  to  collect  those  rents,  for  which  reason  the 
Petitioner  receiving  no  part  of  his  salary  was  necessitated  to  give  pre- 
miums and  borrow  large  sums  of  money  upon  interest,  to  defray  his 
expenses ;  all  which  sums  at  this  time  remain  unpaid,  to  the  great  im- 
poverishment of  the  Petitioner,  who  has  now  due  to  him  the  salary  for 
four  years  &  seven  months. 

Your  Petitioner  was  commanded  by  one  of  the  royal  Instructions,  to 
cause  perfect  surveys  to  be  made,  and  drafts  drawn,  of  the  ports,  and 
harbours  in  North  Carolina,  and  send  them  to  the  Board  of  Trade, 
which  proved  very  difficult,  tedious  and  expensive,  yet  was  compleatly 
effected,  and  perfectly  finished  by  the  diligence  &  at  the  expence  of  the 
Petitioner,  who  has  not  hitherto  received  any  reward,  nor  even  reim- 
bursement, of  what  he  expended  in  performing  that  difficult  and  neces- 
sary work. 

Your  petitioner  when  Governor  of  North  Carolina  faithfully  &  dili- 
gently performed  his  duty,  to  the  utmost  of  his  power  and  abilitys, 
always  endeavoring  to  promote  the  welfare  &  happiness  of  the  people, 
but  was  much  obstructed,  and  in  a  great  measure  prevented  from  com- 
passing his  just  and  honorable  designs,  by  the  opposition  he  received 
from  William  Smith  Esq"  Chief  Justice  Nathaniel  Rice  Esq"  Secretary, 
&  John  Montgomery  Attorney  General ;  who  not  satisfyed  with  the  pub- 
lick  opposition  they  constantly  gave  your  Petitioner  in  his  proceedings 


COLONIAL  RECORDS.  165 


(lid  moreover  continually  use  their  endeavours  to  defame  him,  by  invent- 
ing and  spreading  scandalous  stories,  void  of  truth,  contrived  and  pub- 
lished to  blast  his  reputation,  and  destroy  his  character  to  compleat  that 
wicked  design,  the  aforesaid  William  Smith  audaciously  presented  to 
your  sacred  Majesty  a  petition  containing  several  articles  of  complaint 
against  the  Petitioner,  in  which  he  was  represented  as  a  most  unjust 
Governor  a  copy  of  tliat  Petition  being  brought  into  Carolina  and  read 
in  open  Council,  them  complaints  were  proved  to  be  false,  and  scandal- 
ous by  many  depositions  then  sworn  to  by  Gentlemen  of  undoubted  rep- 
utation &  entered  into  the  Council  Books.  Your  Petitioner  botli  in  his 
publick  &  private  writeings,  desired  to  obtain  a  hearing  in  order  to  justi- 
fye  his  conduct  and  actions,  that  justice  was  not  granted  him,  but  he  had 
the  deplorable  misfortune  to  be  so  misrepresented  to  Your  Majesty  as  to 
be  removed,  without  ever  knowing  the  causes  that  brought  upon  him  an 
undeserved  disgrace  &  dismal  mine. 

Sometime  before  Gabriel  Johnston  Esq"  your  Majesty's  present  Gov' 
of  North  Carolina  arrived  in  that  Province,  William  Smith  now  Chief 
Justice  Nathaniel  Rice  Secretary,  John  Montgomery  Attorney  General, 
with  some  others  their  confederates,  did  contrive  and  attempt  to  assas- 
sinate your  petitioner,  then  actual  Gov'  there  by  shooting  him  with  pis- 
toles, from  which  danger  he  was  rescued  by  the  sudden  and  unexpected 
interposition  of  some  courageous  men  who  came  to  his  assistance.  Your 
petitioner  believes  it  was  by  directions  from  some  persons  in  England, 
that  Smith,  Rice  &  Montgomery  were  prompted  to  murder  him,  because 
authentick  accounts  of  tiiat  detestable  attempt,  being  transmitted  to  the 
Board  of  Trade,  yet  their  Lordships  had  no  regard  to  them.  Bills  of 
Indictment  were  found  in  North  Carolina  against  Smith,  Rice,  Mont- 
gomery &  their  confederates  concerned  in  the  attempt  made  to  slay  your 
Petitioner :  conscious  of  the  baseness  of  the  action  attempted,  they  fled 
by  night,  and  hid  themselves  in  Virginia,  there  they  continued  till  your 
Majesty's  present  Gov'  landed  in  North  Carolina,  who  immediately  dis- 
tinguished the  assassins  by  his  favours,  every  one  of  them  being  placed 
in  some  employment.  Prosecution  against  the  Offenders  dropt,  to  the 
great  scandal  of  Government,  regret  of  all  the  honest  men  in  that  Prov- 
ince, &  in  high  breach  &  violation  of  the  said  Governor's  oath  of  office. 

Your  Petitioner  is  able  evidently  to  prove,  that  by  the  contrivances 
of  his  enemys.  Your  Majesty's  service  in  North  Carolina  was  neglected ; 
no  answers  could  be  obtained  in  his  letters  for  the  better  settlement,  & 
establishment  of  North  Carolina,  which  were  omitted,  he  verily  believes 
purposely  to  run  the  Province  into  confusion,  thereby  to  form  a  pretext 
for  removing  him  from  his  employment. 


166  COLONIAL  RECORDS. 


Your  Petitioner  most  humbly  prays  your  Majesty  to  take  his  extra- 
ordinary hard  case  into  your  royal  consideration  Be  graciously  pleased 
to  order  the  immediate  payment  of  his  salary  so  long  due  to  him,  and 
that  your  Majesty  in  regard  to  truth  justice  &  your  own  service,  will 
also  be  graciously  pleased  to  direct  that  the  actions  &  behaviour  of  your 
Petitioner,  dureing  the  time  he  was  Gov'  of  North  Carolina,  and  the 
conduct  of  his  adversarys  to  be  examined  in  the  most  honorable  Privy 
Council,  that  he  may  be  enabled  to  justifye  himself,  and  most  humbly 
hopes  being  found  innocent  of  any  crimes  to  be  restored  to  the  royal 
Favour,  and  obtain  such  relief  &  reparation  as  your  Majesty  in  your 
great  wisdom  and  goodness  shall  think  proper,  &c. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  233.] 

May  it  please  Your  Majesty 

A  Memorial  was  lately  presented  to  us  by  M'  Samuel  Jenner  Agent 
for  a  great  number  of  Swiss  Protestants  who  are  desirous  to  transport 
themselves  and  familys  at  their  own  expense  to  North  Carolina  provided 
they  might  obtain  the  following  conditions 

That  an  Act  of  Parliament  should  be  passed  by  which  all  Switzers 
who  should  transport  themselves  to  North  Carolina  should  be  natural- 
ized &  entitled  to  all  the  rights  and  privileges  of  Your  Majesty's  British 
Subjects. 

That  they  might  embark  in  Holland  and  be  permitted  to  carry  their 
goods  and  eifects  with  them  without  being  subject  to  seizures  or  confis- 
cation when  landed  in  America 

That  as  they  intend  to  plant  Vines  raise  silk  hemp  and  flax  and  make 
Pot  Ash  they  desired  to  be  placed  in  a  proper  situation  for  those  purposes 
and  would  be  contented  with  an  upland  part  of  North  Carolina  bounded 
by  the  Apalacliian  Mountains  on  the  West  and  by  the  Southern  Boun- 
dary of  Virginia  on  the  North  about  three  score  miles  from  any  .settle- 
ment already  made  in  that  Province 

That  notwithstanding  tlie  inland  parts  of  this  Province  were  yet  un- 
cultivated no  roads  made  and  the  rivers  which  water  that  part  of  the 
country  too  shallow  for  navigation  they  would  nevertheless  endeavour  to 
surmount  these  difficulties  if  a  sufficient  district  of  land  might  be  laid 
out  and  appropriated  for  them  and  such  as  should  come  after  them  from 
the  Cantons  of  Switzerland  and  the  adjoining  Countrys  that  so  they  and 
their  posterity  might  inhabit  together  and  not  be  dispersed  by  having 
people  mixed  with  them  who  should  not  understand  their  language. 


COLONIAL  RF.CORDS.  167 


That  all  Officers  Civil  &  Military  to  ho  appointed  in  the  district  they 
should  inhabit  might  Ijc  of  their  own  people  and  that  they  might  provide 
for  the  subsistence  and  maintenance  of  their  own  clergy  and  poor  with- 
out being  chargeable  in  those  respects  to  the  other  inhabitants  of  North 
Carolina  or  being  burdened  by  them  on  account  of  payments  to  any 
Clergy  or  Poor  besides  their  own. 

That  they  might  enjoy  an  exemption  from  quit  rents  and  all  taxes  and 
impositions  for  the  space  of  ten  years  and  that  after  this  term  their 
(juit  rents  should  not  exceed  two  shillings  for  every  hundred  acres  for 
ever. 

That  in  laying  out  the  land  allotted  them  every  Gentleman  should 
have  one  thousand  acres  and  every  other  man  four  hundred  acres  and 
that  they  might  be  permitted  to  make  their  own  surveys  and  have  patents 
delivered  to  them  for  their  lands  without  payment  of  fees. 

Altho'  in  these  Proposals  they  have  not  mentioned  any  particular 
number  to  be  settled  in  the  Province  yet  iu  the  several  conferences  we 
have  had  with  them  on  this  subject  we  find  that  they  propose  to  transport 
thither  to  the  number  of  six  thousand  Swiss  Protestants  within  the  space 
of  ten  years. 

As  the  settlement  of  so  many  industrious  Protestants  may  be  highly 
beneficial  to  Your  Maj.  Province  of  North  Carolina  We  took  these  pro- 
posals into  our  consideration  and  have  treated  with  M'  Jeuner  &  his 
Associates  upon  the  subject  matter  thereof  who  after  several  conferences 
with  us  have  at  last  consented  and  agreed  to  undertake  the  proposed  Set- 
tlement upon  the  following  conditions  Viz: 

That  the  said  Swiss  be  naturalized  by  an  Act  of  Assembly  to  be  passed 
in  North  Carolina  for  that  purpose 

That  they  be  recommended  to  the  Officers  of  Your  Majesty's  Customs 
to  be  treated  in  the  most  tender  manner  the  law  will  admit  of  at  those 
ports  in  Great  Britain  where  they  shall  from  time  to  time  touch  at  & 
clear  from. 

That  none  of  Your  Maj.  subjects  or  any  Foreign  Protestants  he 
excluded  from  settling  within  the  said  Tracts  provided  the  Swiss  may 
have  distinct  Parishes  allotted  to  them  of  ten  miles  square. 

That  the  Swiss  may  enjoy  the  privileges  common  to  Your  Maj.  Brit- 
ish Subjects  there. 

And  lastly  that  every  gentleman  (who  as  described  by  them  is  a  per- 
son who  does  not  work  himself)  having  three  men  servants  shall  have 
a  claim  to  a  Grant  of  Land  not  exceeding  one  thousand  acres  and  every 
common  man  having  a  family  to  have  a  claim  to  a  grant  of  land  not 
exceeding  four  hundred  acres  to  be  held  free  from  quit  rents  for  ten  years 


16.S  COLONIAL  RECORDS. 


fr(jm  the  date  of"  their  grants  But  from  that  time  to  be  subject  to  the 
established  quit  rents  of  the  Province  which  is  four  shillings  per  annum 
Proclamation  Money  for  every  hundred  acres. 

Upon  these  conditions  we  are  humbly  of  opinion  that  Your  Majesty 
may  be  graciously  pleased  to  permit  the  said  six  thousand  Swiss  to  settle 
in  the  Province  of  North  Carolina  which  will  thereby  receive  a  consid- 
erable augmentation  of  useful  inhabitants  by  whose  means  Your  Maj. 
Quit  rents  will  hereafter  be  increased  and  a  foundation  laid  for 
enlarging  the  trade  &  navigation  of  this  Kingdom  And  if  it  should  be 
Your  Maj.  Royal  pleasure  to  comply  with  these  Proposals  we  would 
further  humbly  offer  that  the  Governor  of  North  Carolina  may  receive 
Your  Maj.  orders  to  recommend  it  to  the  Assembly  of  that  Province  to 
defray  the  charge  of  surveying  the  lands  to  be  set  out  and  of  issuing 
the  grants  which  shall  be  made  to  the  said  Switzers  or  that  they  may  be 
eased  of  the  expense  attending  the  said  Surveys  and  Grants  in  such 
other  manner  as  to  Your  Maj.  in  your  great  wisdom  shall  seem  proper. 

All  which  is  humbly  submitted  [From  the  Board  of  Trade] 

FITZ-WALTER  OR.  BRIDGEMAN 

T.  PELHAM  R.  PLUMER. 

Whitehall  May  7'"  1736. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  6.] 

At  the  Court  at  S'  James's  the  21"  day  of  May  1736  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  Council  for  Plantation  Affairs  dated  the  IS* 
of  this  in.stant  in  the  Words  following  Viz' 

"Your  Majesty  having  been  pleased  by  your  Order  in  Council  of  the 
"29""  of  last  mouth  to  reterr  unto  this  Committee  the  Humble  Petition 
"of  George  Burrington  late  Governor  of  North  Carolina,  praying  that 
"he  may  be  paid  his  arrears  of  Salary,  as  likewise  his  expenses  in  caus- 
"  ing  surveys  to  be  made  and  Draughts  Drawn,  of  the  Ports  and  Har- 
"boursinthat  Province  pursuant  to  your  Maje.stys  lu.structions.  And 
"further  praying  that  his  conduct  as  Governor,  And  the  Actions  of  his 
"adversaries  may  be  examined  into,  in  order  to  His  being  restored  to 
"your  Majesty's  Royall  Favour.  The  Lords  of  the  Committee  this  day 
"took  the  said  Petition  into  their  Consideration,  and  finding  the  same  to 


COLONIAJ^  RKCOKJDS.  160 


"lie  very  irregular  in  regard  it  consists  of  matters  of  sueii  a  Nature,'  a.s 
"cannot  properly  receive  any  Determination  in  your  Majesty's  Privy 
"Council.  Their  Lordships  do  therefore  agree  linmbly  to  Report  to 
"your  Majesty  as  their  Opinion,  that  the  said  Petition  ought  to  he  dis- 
"  mist. 

His  Majesty  this  day  took  tiie  said  Report  into  Consideration  and  was 
pleased,  with  the  advice  of  His  Privy  Council,  to  approve  thereof,  And 
accordingly  to  Order  that  the  said  Petition  of  George  Eurrington  Be 
and  it  is  hereby  Dismist  tiiis  Board. 

A  true  Copy.  W.  SHARPE. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  11.] 

To  the  Hon""  Commissioners  of  His  Majesty's  Customes 
Hon"»  Sirs 

M'  Manly  informed  me  your  Honours  were  inclined  to  know  my 
Opinion  concerning  the  ports  of  Entry  and  Export  in  North  Carolina. 
What  alterations  would  be  necessary  and  if  effected  \vhether  the  Reve- 
nue of  the  Kings  Customs  would  be  augmented;  and  wliat  advantages 
the  Inhabitants  could  receive  by  the  Regulations  that  may  be  made  I  am 
humbly  of  Opinion  this  Affair  is  of  very  great  Importance  and  there- 
fore merits  your  serious  consideration. 

In  North  Carolina  at  this  time  there  are  five  C^ollections,  one  on  Cape 
Fear  River,  called  Port  Brunswick,  at  Top.sail  Inlett  is  Port  Beaufort 
on  Pamticough  River  Port  Bath  Town,  Roanoak  Port  is  at  the  Head  of 
Albemarle  Sound,  and  Currituck  on  the  Sea  Coasts  or  Sounds  near  Vir- 
ginia; this  last  Collection  was  never  Settled  or  fixed  to  any  certain  Place. 
To  tlie  Collection  of  Brunswick  belongs  a  very  large  di.strict  of  Land, 
and  it  will  be  a  place  of  very  great  Trade  when  it  becomes  well  peopled 
No  other  Alteration  is  neces.sary  in  this  Collection  than  appointing  the 
Collector  to  reside  nearer  the  Mouth  of  the  River  than  the  place  where 
he  now  lives  which  is  more  than  twenty  miles  above  the  Inlett. 

Port  Beaufort  has  but  a  very  small  quantity  of  land  belonging  to  its 
Di.strict,  before  M'  Fitzwilliams  when  Surveyor  General  of  the  Southern 
Governments  six  years  past  procured  Neus  River  to  be  taken  from  Bath 
Town  Collection  and  added  to  that  of  Beaufort  which  has  proved  very 
inconvenient  to  Masters  of  Vessels  that  trade  in  Neus  River  having 
since  been  forced  to  ride  forty  miles  to  enter  and  clear  at  Beaufort  thro  a 
low  watery  and  uninhabited  Country  which  after  great  Rains  is  not 
,e  in  many  Days. 
22 


170  COLONIAL  UECORDS. 


Bath  Town  is  situated  on  a  little  Bay  on  Pamticough  River  about 
seventy  miles  from  the  Sea,  Neus  did  formerly  belong  to  this  Collection 
(as  remarked  before)  which  upon  many  accounts  was  more  commodious ; 
It  was  usual  before  the  Alteration  for  Master  of  Vessels  to  sail  from  one 
l)f  these  Rivers  to  the  other,  and  trade  in  both,  the  Mouths  of  them 
being  but  a  few  miles  distant,  such  as  wholly  loaded  their  vessels  in  Neus 
had  but  twenty  three  miles  to  ride  in  a  good  road  when  they  went  by 
Land  to  enter  or  clear  with  the  Collector  at  Bath  Town,  then  they  could 
sail  from  Neus  to  the  Collector  at  Bath,  which  they  cannot  do  to  Beau- 
fort without  going  to  Sea. 

The  Collection  of  Roauoak  is  now  settled  at  Edenton  in  a  Bay  at  the 
Head  of  Albemarle  Sound  near  the  same  distance  from  the  sea  as  Bath 
Town.  The  nearest  Inlett  to  this  place  is  called  Roanoak,  very  few 
Vessels  and  of  small  Burden  use  it,  by  reason  of  the  great  danger  there 
is  in  passing,  the  Channel  often  shifting.  I  have  known  this  Inlett  to 
have  no  more  than  six  feet  and  a  half  of  water  on  the  Bar,  therefore 
most  of  the  shipping  that  Trade  in  Roanoak  Collection  come  in  and  go 
out  at  Ocacock,  which  is  the  only  place  that  has  a  sufficient  depth  of 
water  for  a  ship  of  Burden  between  Topsail  and  the  Capes  of  Virginia. 

The  Collection  at  Currituck  I  once  knew  laid  down,  then  added  or 
joined  to  Beaufort,  the  few  vessels  that  have  traded  to  this  part  of  late 
years  could  have  no  other  inducement  for  making  their  voyages  then  to 
carry  from  thence  Tobacco  witht)ut  paying  the  King's  Duty.  I  never 
knew  one  of  the  Collectors  of  Currituck  reside  within  tlie  Collection 
wliich  in  my  opinion  is  insignificant  and  nseless. 

Bath  Town  and  Edenton  being  tar  from  the  Sea,  and  as  there  are  many 
Islands  and  Rivers  between  the  said  Port  Towns  where  the  Collectors 
reside  and  the  Inlets,  Vessels  come  in  and  go  out  as  the  Masters  have 
Opportunitys  to  unload  prohibited  Goods,  before  they  come  to  the  Col- 
lectors to  enter,  and  also  to  take  in  Tobacco,  after  thej'  are  cleared ;  the 
Masters  do  not  fail  to  make  an  advantageous  use  of  the  convenience, 
great  quantities  of  good  Tobacco  the  growth  of  North  Carolina  are  yearly 
from  thence  exported  by  the  New  England  shipping  no  Put)-  paid,  and 
some  ordinary  made  in  Virginia  that  will  not  pass  the  Inspectors,  there- 
fore would  be  burnt  if  not  sent  into  North  Carolina.  In  1734  a  ship 
from  Guernsey  loaden  with  French  Wines,  Brandy,  Tea,  Woollen  and 
other  prohibited  Commodities  came  in  at  Ocacock,  in  the  harliour  tiie 
goods  were  put  on  Board  a  vessel  belonging  to  the  Countr^y  and  sent  thro 
Pamticough  and  Albemarle  Sounds  into  Virginia  and  there  delivered  to 
some  Merchants  of  that  Country.  Neither  myself  then  Governour  nor 
any  of  the  Custom  House  Officers  knew  anything  of  this  Stratagem 


COLONIAL  RECORDS.  171 


before  we  received  an  account  from  the  Judge  Advocate  of  Virginia, 
great  search  was  made  afterwards  in  (jrdcr  to  disc(jver  tlie  run  Go()d.s  itut 
ail  in  vain. 

Ocacock  Inlet  has  two  distinct  Channels  which  do  not  shift  (jr  change, 
the  Bar  is  very  fair  inside  the  South  End  of  the  Island  lyes  the  Har- 
bour which  has  convenient  places  to  careen  ships.  Wood  and  good  fresh 
water  in  abundance,  a  small  Fort  mounted  with  some  Cannons  would 
prove  in  time  of  War,  a  sufficient  Security  to  the  shipping  in  the  Har- 
bour, and  Houses  on  the  land,  I  observed  a  certain  Spot  of  Land  from 
whence  a  Bullet  shot  out  of  a  great  Gun  would  reach  the  Bar,  all  the 
Channel  from  the  Bar  to  the  anchoring  place  and  most  part  of  the  Har- 
bour; Ocacock  Island  is  an  airy  and  healthy  place  abounding  with 
excellent  Fish  and  wild  Fowl,  from  this  Harbour  there  are  but  nine 
feet  of  Water  to  carry  shipping  to  any  one  of  the  many  Rivers  that 
empty  themselves  into  Albemarle  and  Pamticough  Sounds. 

I  will  endeavour  to  shew  your  Honours  how  North  Carolina  suffers 
for  want  of  a  better  Trade,  the  King's  Customs  may  be  increased,  clan- 
destine Traffick  prevented  in  a  great  Measure  in  that  Province  and  the 
Commerce  of  Great  Britain  acquire  some  advantage. 

Having  already  mentioned  all  I  think  requisite  to  be  altered  in  regard 
to  the  Collection  on  Cape  Fear  River  I  think  it  may  not  be  improper 
in  this  place  to  inform  you,  that  the  Collection  at  Beaufort  is  in  the 
most  convenient  place  of  the  whole  district  belonging  thereunto  and 
requires  no  Alteration  or  Regulation  except  as  to  Neus  River,  which  in 
my  Opinion  by  no  means  ought  to  be  a  part  of  it. 

The  Trade  of  North  Carolina  is  now  and  has  always  been  carryed  ou 
chiefly  by  the  Merchants  and  Store  Keepers  of  Virginia  and  the  people 
of  New  England  (Cape  Fear  River  and  parts  ajacent  excepted)  a  small 
number  of  Vessels  sail  from  thence  directly  from  [and]  to  Great  Britain, 
tlie  Sugar  and  other  Islands,  it  will  not  be  difficult  to  compute  the  value 
of  such  Goods  as  are  entered  for  Exportation  in  any  one  or  number  of 
years  by  examining  the  Collectors  accounts  but  there  is  no  knowing 
what  Quantities  t)f  Tobacco  are  carried  because  the  Masters  ship  it  after 
they  have  cleared  with  the  Collectors ;  upon  a  certain  Occasion  I  once 
made  a  computation,  what  the  value  of  the  Cattle,  Hogs,  Goods  and 
Merchandizes  of  all  Sorts  that  went  yearly  out  of  North  Carolina  into 
Virginia  might  amount  to  after  much  enquiiy  I  estimated  the  whole  at 
fifty  Thousands  Pounds:  Last  Jan''^  twelve  months  "being  in  Virginia 
with  several  merchants  who  carried  on  a  Commerce  with  the  people  of 
North  Carolina,  and  discoursing  on  this  subject  some  of  them  assured 
me  I  fell  short  a  sixth  part  in  my  Com|)utation  ;  It  is  certain  the  Inhabi- 


172  COLONIAL  RECORDS. 


tants  of  North  Carolina  loose  the  value  of  half  their  Goods  by  trading 
with  the  people  of  Virginia  and  New  England  ;  It  is  a  great  misfortune 
to  the  people  of  North  Carolina  that  they  buy  and  sell  at  the  second 
hand  ;  notwithstanding  tlieir  Country  is  better  situated  for  Comraeree 
than  either  Virginia  or  New  England,  it  has  three  good  Ports  on  the  sea 
(the  depth  of  water  at  eaeh  may  be  seen  in  the  Draughts  I  ordered  to  be 
made  by  the  King's  command)  to  which  the  produce  of  the  whole 
Country  for  Exportation  may  be  brought  in  small  vessels;  Altho 
North  Carolina  is  many  degrees  nearer  the  Sugar  Islands  than  New 
'England  yet  Pork,  Corn,  Pulse  &e:  are  carried  from  North  Carolina  to 
New  England  and  from  thence  to  the  said  Islands.  I  proposed  a  means 
to  the  Assembly  of  North  Carolina  to  increase  their  trade  to  Great 
Britain  and  the  Sugar  Islands  by  putting  the  ships  that  came  from 
thence  on  the  same  footing  with  those  whose  Owners  lived  in  the  Coun- 
try, who  only  are  exempted  from  paying  au  Imposition  of  three  shil- 
lings and  fourpence  Tonnage  on  each  vessel  but  I  could  not  prevail  with 
the  obstinate  Assembly  Men  to  act  for  their  own  Interest.  No  Negroes 
are  brought  directly  from  Guinea  to  North  Carolina,  the  Planters  are 
obliged  to  go  into  Vii'ginia  and  South  Carolina  to  purchase  them  where 
they  pay  a  duty  on  each  Negroe  oi'  buy  the  refuse  distempered  or  refrac- 
tory Negroes  brought  into  the  Country  from  New  England  and  the 
Islands  which  are  sold  at  excessive  Rates. 

For  the  Reasons  already  given  and  others  which  will  be  added,  it  is 
probable  your  Hon"  may  be  of  Opinion  that  the  settling  of  a  Collection 
on  Ocacock  Island  for  that  part  of  North  Carolina,  which  now  includes 
the  Collections  of  Currituck,  Roanoak,  Bath  Town  and  part  of  Beaufort 
is  proper  for  His  Majesty's  service  and  necesary  for  the  improvement  of 
Trade  in  that  poor  Countrj' ;  If  a  Collection  is  settled  at  Ocacock  it  will 
be  difficult  to  bring  into  that  part  of  the  Province  any  prohibited  goods, 
or  carry  out  innumerated  Commodities,  or  Tobacco  without  paying  the 
Kings  Duty,  because  all  Vessels  that  come  down  from  the  Rivers,  or 
sail  in  from  sea  are  to  be  seen  long  time  before  they  enter  the  Harbour; 
for  want  of  a  direct  Trade  to  the  Sugar  Islands  and  other  places  where 
the  markets  are  proper  to  sell  provisions,  ten  thousand  fat  Oxen  and 
fifty  thousand  Hogs  are  computed  to  be  drove  yearly  into  Virginia  from 
North  Carolina  and  sold  or  bartered  away  to  great  disadvantage.  If  a 
Port  is  settled  on  Ocacock  Island  a  Town  will  soon  be  built  which  will 
become  in  a  little  time  a  place  of  great  commerce;  the  produce  of  that 
part  of  North  Carolina  which  includes  Neus  River  and  extends  to  Vir- 
ginia is  sufficient  to  load  two  hundred  ships  and  Sloops  yearly  to  Europe 
and  the  Islands.      I  think  it  would   be  better  for  the  Merchants  here  to 


COLONIAL  RECORDS.  173 


carry  on  that  part  of  the  Trade  of  North  Carolina  which  is  now  in  tlie 
Hands  of  New  England  Men,  it  would  be  much  more  Advantageous 
and  profitable  to  the  Planters  in  North  Carolina  if  the  Goods  there  pro- 
duced proper  to  be  sold  in  the  Sugar  Islands  &c :  were  carried  thither 
directly,  and  the  returns  brougiit  back  in  the  same  manner,  they  would 
tiien  obtain  double  what  they  get  for  their  Commodities  besides  large 
[numbers]  of  Negroes  would  be  sent  to  Ocacock  and  the  Sellers  find  a 
ready  market.  When  the  Trade  of  North  Carolina  is  in  a  proper  Reg- 
ulation and  Management  that  Province  will  become  beneficial  to  Great 
Britain  it  being  capable  of  great  improvement  and  may  be  in  Condition 
to  purchase  considerable  Quantities  of  English  Manufactures. 

Many  other  reasons  may  be  given  for  sinking  the  Collections  of  Roan- 
oak,  Bath  Town  and  Currituck  and  setting  up  a  new  one  at  Ocacock  to 
serve  instead  of  the  three  but  I  believe  my  jjaper  is  already  of  too  great 
a  length.     I  am 

With  very  great  Respect  &c. 

Sign'd  GEO:  BURRINGTON 

London  20"' Julv  1736. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  14.] 

My  Lord.s  [of  the  Board  of  Trade] 

It  is  now  above  a  year  since  I  had  the  honour  to  hear  from  your  Lord- 
ships except  a  few  Lines  by  M'  Popple  in  December  last,  concerning  M' 
Littles  Books,  when  I  first  appointed  M'  Allen  Receiver  I  ordered  him 
to  demand  all  the  Papers,  relating  to  the  Quit  Rents  from  M'  Littles 
Executors,  And  then  he  could  get  no  more  than  three  loose  sheets  of 
paper  which  gave  no  manner  of  light  into  that  Aifaire.  If  I  could  have 
procured  anything  which  would  give  the  least  Information  I  had  cer- 
tainly transmitted  it  to  your  Board  before  this  time. 

It  is  a  very  great  loss  to  this  Province  that  we  have  not  the  Attorney 
Gen"'  opinion  as  to  the  Validity  of  those  Patteuts  referred  to  him,  I  must 
beg  the  favour  of  your  L<jrdsliips  to  advise  His  Majesty  to  determine  them 
speedily  in  such  manner  as  you  shall  think  most  proper.  This  long  sus- 
pence  keeps  the  whole  Country  in  great  confusion  and  I  shall  be  heartily 
glad  to  see  any  issue  to  it,  rather  than  have  it  remain  any  longer  unde- 
termined. If  your  Lordship  should  advise  the  King  to  allow  of  them 
all  it  is  only  the  loss  of  five  or  six  hundred  pounds  per  annum  to  the 
Revenue,  provided  care  is  taken  that  no  new  ones  which  may  be  kept 


174  COLONIAL  RECORDS. 


in  Petto  and  have  never  been  recorded  be  Trimipt  up  for  if  that  is 
not  guarded  against  they  may  lay  tliem  on  anybody's  land  they  please 
and  private  property  may  suffer  nuioh  by  Peoples  being  robbed  of  their 
Improvements  who  have  taken  up  Land  under  His  Majesty  as  the  others 
had,  and  perhaps  still  have  the  power  of  filling  up  the  date  of  their 
Pattents  as  shall  best  suit  them. 

In  order  to  settle  this  whole  Affair,  to  doe  justice  to  His  Majesty  and 
at  the  same  time  to  show  favour  to  the  possessors  of  these  Pattents  (tho' 
I  can't  say  their  behaviour  deserves  much)  I  will  venture  with  submis- 
sion to  propose  the  following  Expedient  to  your  Lordships.  Primo.  That 
as  the  most  considerable  Frauds  in  Lands,  have  been  carried  on  since  the 
year  1724  That  no  Pattents  or  titles  preceeding  that  year  shall  be  called 
in  question  on  any  pretence  whatsoever.  2.  That  all  persons  who  hold 
Lands  by  Pattents  since  the  year  1724.  If  they  have  built  upon  or 
cultivated  the  same  shall  have  them  Confirmed  at  the  Quitt  Rents  men- 
tioned in  their  Pattents  Provided  such  Pattents  were  preceeded  by  Regular 
Surveys.  If  not  regularly  surveyed,  they  may  still  have  them  at  His 
Majesty's  Quitt  Rents.  3.  That  no  Pattents  for  Land  since  1724  which 
were  never  cultivated  or  built  upon  shall  be  deemed  valid  or  good  unless 
they  were  preceeded  by  regular  surveys.  4.  That  all  Pattents  in  the 
name  of  the  Ijords  Proprietors  since  the  soil  became  Vested  in  His 
Majesty  be  declared  void.  But  to  such  as  have  cultivated  even  under 
these  Pattents  a  Liberty  be  given  to  take  up  the  Lands  at  His  Majestys 
Quit  rents.  This  is  the  best  that  I  can  think  of  but  I  once  more  repeat 
my  request  to  your  Lordships  to  putt  an  end  to  this  Controversie  one 
way  or  other  and  I  shall  most  cheerfully  do  whatever  you  are  pleased  to 
direct. 

There  is  another  thing  in  this  Province  which  occasions  much  debate  and 
controversie  amongst  the  People,  Viz'  the  payment  of  their  Quit  Rents 
in  Commodities,  there  is  no  Law  in  the  Province  positively  allowing 
this,  and  the  Lords  Proprietors  demanded  Payment  in  Gold  and  silver, 
but  as  they  were  very  ill  and  negligently  served  by  their  officers  here  (the 
bad  eifects  of  whidi  we  their  successors  still  feel)  they  took  their  rents  in 
any  Commodities  they  pleased  to  give  them.  The  People  now  are  will- 
ing to  pay  in  the  following  Commodities  and  at  the  following  Prices. 
Tobacco  at  8'  4*  per  hund :  Rice  at  lO"  f  p"  Dear  skins  at  2'  6"  per  h. 
Hemp  at  3"  and  Flax  at  4''  "^  h.  But  then  they  propose  payment  at  so 
many  different  places  that  it  would  take  more  than  one  half  to  defray 
the  Charge  of  collecting,  besides  the  loss  one  would  be  at,  in  disposing 
of  them  in  a  Country  where  the  Navigation  is  so  indifferent  and  the  dis- 
putes might  be  occasioned  about  the  goodness  of  the  Commodities.     What 


COLONIAL  liECOKDS.  175 


they  really  want  to  bo  at  is  to  pay  their  reiitf>  in  T()i)ace((  and  Rice  at 
the  prices  above  mentioned,  bnt  as  my  Instructions  ai'e  positive  to  receive 
the  Kings  rents  in  Proclamation  money  only,  I  have  always  insisted  on 
their  passing  a  Law  in  Conformity  to  them  and  after  getting  this  proof 
of  their  obedience  then  to  address  His  Majesty  to  allow  payment  in  their 
Commodities,  and  this  method  I  design  to  continue  in  until  I  receive 
fui'ther  Orders  from  your  Lordships. 

I  have  sent  along  with  this  the  original  Bills  as  read  the  first  time  in 
the  Lower  House  for  Payment  of  Quit  rents  and  Officer  Fees  That  your 
Lordships  may  see  what  strange  unaccountable  notions  are  instilled  into 
the  People  by  the  late  Lord  Prop'"  officers  and  the  Possessors  of  the 
Blank  Pattents,  if  ever  your  Lordships  should  be  of  opinion  that  they 
may  be  permitted  to  pay  in  Commodities  it  would  not  be  amiss  to  reject 
both  Tobacco  and  Rice  as  these  two  Products  are  already  so  much  over- 
done the  one  in  Virginia  and  the  other  in  South  Carolina,  and  if  this 
large  fertile  Country  should  run  into  the  same  it  might  sink  their  price 
already  low  enough  still  more,  but  to  confine  them  to  Flax  and  Hemp 
the  former  at  30  and  the  latter  20  per  hund"  which  might  produce  this 
good  Elfect  to  sett  them  upon  raising  these  two  usefull  Materials  for  the 
British  Manufacture  and  these  Commodities  ought  to  be  collected  at  the 
Countrys  charge,  as  Tobacco  is  in  Virginia  and  paid  in  Neat  to  the  Re- 
ceiver. It  is  true  in  this  case  we  must  have  Sherrifs  as  they  have  in  Vir- 
ginia for  the  Provost  Martial  and  his  Deputies  will  never  be  able  to  do  it. 
Indeed  there  are  a  thousand  inconveniencies  in  this  wide  extended  Coun- 
try for  want  of  Sheriffs  and  the  people  are  strangely  bent  upon  having 
them  established  by  a  Law,  and  in  Case  they  will  give  a  Consideration 
to  the  Gentleman  who  enjoys  at  Present  the  place  of  Provost  Marshall 
and  who  has  behavetl  extremely  well,  I  should  be  glad  to  have  your 
Lordships  directions,  whether  I  might  venture  to  give  my  assent  to  such 
a  Law  One  thing  I  am  sure  of,  it  is  impracticable  to  go  on  as  we  are  at 
pres'  There  is  another  notion  the  same  possessors  of  Blank  Pattents 
have  carefully  inculcated  uyton  the  People  and  which  I  cannot  get  the 
better  of  without  a  speedy  Declai-atiou  of  your  Lordships  Judgment 
upon  it.  My  Instructions  require  the  Payment  of  Quit  rents  in  Procla- 
mation money  which  I  understand  to  relate  only  to  the  rents  under  the 
King  of  4*  "^  hund*  acres,  but  these  gentlemen  want  to  extend  it  to  the 
old  rents  of  six  pence,  one  shilling  and  two  shillings  per  hundred  acres 
which  before  His  Majestys  purchase  was  always  paid  in  sterling  money 
without  the  least  dispute  and  accordingly  for  their  own  lands  which  as 
they  have  managed  matters  are  almost  all  at  six  pence  or  one  shilling  "^ 
hund''     They   offered    four   pence   half   penny   and   Nine   pence  to  the 


176  COLONIAL  RECORDS. 


receiver,  but  I  did  not  care  for  sinking  one  I  of  His  Majesty's  Revenue 
upon  wimt  appeareil  to  nie  so  far  fetclied  an  Inference  &  so  obliged  them 
to  pay  in  sterling  as  formerly.  I  hope  I  sliall  soon  hear  from  your  Lord- 
ships on  tills  head  also. 

There  is  a  practice  of  long  standing  in  this  country,  which  has  heen 
of  immense  prejudice  to  the  Revenue  of  the  Lords  Prop"  formerly,  and 
of  the  Crown  uow,  that  is  the  boxing  of  Pine  Trees  for  Turpentine  & 
burning  the  light  wood  for  pitch  &  tarr,  without  ever  taking  out  Pattents, 
or  paying  Quit  rents  for  the  lands  which  has  entirely  prevented  their 
being  taken  up  by  any  Person,  they  being  generally  of  little  value  for 
any  other  purpose,  &  by  this  means  in  many  parts  of  the  Country  the 
lands  are  waste  &  not  a  house  to  be  seen  in  travelling  a  great  many  miles 
together.  A  few  months  after  my  arrival  I  published  a  Proclamation 
with  the  advice  &  consent  of  Council,  offering  a  reward  of  £20  cur- 
rency to  any  person  who  would  discover  such  practices,  so  that  they 
might  be  prosecuted  in  the  Court  of  Exchequer,  this  has  very  much 
disobliged  those  who  used  to  make  great  gains  by  such  means. 

I  cannot  forbear  observing  here  My  Lords  that  my  condition  has  been 
very  hard  since  I  came  here,  purely  because  I  have  been  so  assiduous  in 
taking  care  of  the  interests  &  Rights  of  the  crown  which  is  a  very  new 
thing  in  this  country.  In  the  time  of  the  Lords  Prop"  their  Officers 
collected  the  rents  in  a  very  incorret^t  slovenly  manner,  &  what  they 
did  C(j11'  was  generally  sunk  among  themselves.  My  Predecessor  under 
the  King  never  once  attempted  to  collect  His  Ma''"  Quit  rents  or  gave 
himself  the  least  trouble  about  any  part  of  the  Revenue  as  far  as  I  can 
learn,  besides,  he  gave  several  Persons  here  of  all  even  his  most  private 
Instructions,  which  has  sett  them  (supposing  mine  to  be  the  same)  a  cavil- 
ling &  making  strange  inferences  on  every  one  of  them,  &  as  if  all  this 
was  not  enough,  he  has  by  several  Let"  to  Peo])le  here  boasted  of  many 
Audiences  at  your  Lordships  Board,  that  both  His  Majesty  &  your 
Lord""  entirely  disapprove  of  my  calling  any  Fraudulent  Pattents  into 
Question,  of  collecting  the  Quit  rents  in  the  manner  I  have  done,  &  in 
short,  of  every  step  I  have  taken,  &  he  neglected,  for  his  IMajestys  service 
entreating  them  to  send  over  complaints  &  all  the  scandalous  stories  they 
can  pick  up  against  me  &  he  would  speedily  do  my  business  &  get  them 
another  Governor  who  will  suffer  things  to  go  on  in  the  old  way.  As 
those  letters  have  been  read  in  the  Fields  of  Election  &  other  Publick 
Places  it  is  natural  to  believe  that  in  persons  who  were  never  brought 
into  any  ordei-  before,  they  must  produce  bad  effects  &  make  them  highly 
in-^nlcnt.  I  aju  sure  I  have  found  it  very  difficult  to  carry  on  business 
upon    tiie   Account  of  tiiese  confident  assertions,  that  my  conduct  is 


COLONIAL  RECORDS.  177 


entirely  condemnecl  by  your  Lordships.  T  am  very  sensible  how  iinjnstly 
he  has  charged  your  Board  by  such  suggestions  as  these,  But  still  I  must 
entreat  that  your  Lordships  would  be  so  good  as  by  the  first  opportunity 
to  acquaint  me  with  anything  which  you  may  think  amiss  in  my  conduct 
&  to  favour  me  with  a  hearty  approbation  in  what  you  shall  judge  I 
liave  done  according  to  my  duty  &  Instructions  and  assurances  of  being 
supported  in  it.  That  I  may  have  something  to  shew  against  my  Prede- 
cessors assertions.  It  has  been  a  great  impediment  to  his  Majestys  ser- 
vice, that  I  have  not  ha<l  something  of  this  nature  before  for  your  Lord- 
ships declaring  in  sucii  strong  terms  in  favour  of  a  Court  of  Exchefjuer 
has  quite  silenced  all  the  Clamours  M'  Burringtons  friends  made  on  that 
subject.  Besides,  my  Lords  I  am  really  very  diffident  of  my  own  judg- 
ment in  any  matter  of  Consequence  until  I  find  it  confirmed  by  yours 
upon  which  I  always  have  and  will  depend. 

The  Receiver  has  collected  of  the  Arrears  of  His  Majestys  Quit  rents 
since  1729  above  £4200  sterling  which  is  more  than  ever  was  collected 
in  this  Country.  But  my  Predecessors  correspondents  (who  are  highly 
blamed  by  him  for  their  tameness  in  paying  the  Arrears)  are  by  his 
Encouragement  making  strong  Parties  to  oppose  the  next  Collection  tho' 
by  your  Lordships  speedy  answer  I  make  no  doubt  but  I  shall  soon  get 
the  better  of  them.  The  accounts  are  sent  to  the  Lords  of  the  Treasury 
by  the  Receiver. 

I  sent  your  Lordships  the  only  Copies  of  oiu-  Laws  I  could  prociu-e  last 
December  with  such  remarks  as  my  bad  state  of  health  would  then  permit 
me  to  make.  I  did  venture  at  that  time  to  desire  you  to  advise  His  Ma'^ 
to  repeal  as  soon  as  possible  the  Biennial  Law  &  to  order  that  no  Precinct 
should  on  any  Pretence  whatsoever  be  Represented  by  more  than  two 
members  &  to  discharge  me  from  consenting  to  Erect  any  new  Precinct 
without  His  Majestys  permission.  I  am  still  confirmed  in  my  Opinion 
of  this  matter,  and  I  am  satisfied  we  never  shall  have  a  Reason  [able] 
Assembly  while  this  Act  siibsists.  I  have  by  this  Conveyance  sent  an 
attested  Copy  of  the  said  Biennial  Law  &  shall  only  observe  1  That  it 
is  highly  unreasonable  that  any  Assembly  should  presume  to  meet  with- 
out His  Majestys  Writt,  &  therefore  I  dissolved  them  when  they  mett 
last.  2  The  six  Precincts  in  the  County  of  Albemarle  have  in  each  five 
Members  making  thirty,  &  the  number  of  People  in  it  is  I  am  sure  not 
fifteen  thousand,  which  is  by  much  too  large  a  Representation.  3  The 
whole  lower  House  by  this  means  consists  of  forty  six  &  it  is  impossible 
to  pick  out  in  the  whole  Province  so  many  fitt  to  do  business.  4  The 
greatest  objection  is  that  there  must  be  a  new  election  every  two  years 
which  is  too  short  a  time  to  settle  a  Country  which  has  been  so  long  in 
23 


178  COLONIAL  RECORDS. 


confusion,  &  men  of  sense  who  sincerely  mean  the  Publiek  good  are  so 
much  afraid  of  the  next  Elections  that  they  are  obliged  to  go  in  with  the 
majority  whose  Ignorance  &  want  of  education  makes  them  obstruct 
everything  for  the  good  of  the  Country  even  so  much  as  the  Building 
of  Churches  or  erecting  of  schools  or  endeavouring  to  maintain  a  direct 
Trade  to  Great  Britain.  If  your  Lordships  approve  of  this  I  beg  no 
time  may  be  lost  but  I  may  have  this  Repealed  by  the  way  of  Virginia 
&  South  Carolina  by  June  next  at  farthest  and  the  Governors  of  these 
Provinces  may  have  orders  to  forward  it.  This  one  thing  would  con- 
tribute to  the  quiet  &  settlement  of  this  Country  more  than  I  am  able 
to  Express. 

Inclosed  I  send  your  Lordships  an  Estimate  of  the  Charges  (not 
I'eceived)  in  running  the  line  between  this  Province  and  South  Carolina 
I  must  do  the  Gentlemen  concerned  the  justice  as  to  say  that  they  per- 
formed their  business  with  great  diligence  and  exactness,  that  they 
endured  very  great  fatigues  and  were  at  great  Expenses.  Before  they 
finish  this  Affair  they  want  to  be  directed  by  your  Lordships  where  to 
apply  for  payment  whether  to  His  Majesty  or  to  Assembly  here. 

I  have  according  to  your  orders  sent  a  state  of  the  Currency  of  this 
Province  &  hoping  speedily  to  hear  from  your  Board,  I  remain 
Your  Lordships  most  &c 

GAB :  JOHNSTON. 

Edenton  in  North  Carolina 
15""  of  October  1736. 


State  of  the  present  Currency  in  North  Carolina. 

In  the  year  1722  an  Act  passed  the  General  Assembly  for  maturing 
the  sum  of  £12000  paper  bills  of  Credit  which  was  then  the  only  Cur- 
rency or  portable  Medium  of  Trade  subsisting  in  the  Province.  Al- 
though no  Provision  was  made  by  the  Act  for  sinking  them  nor  were 
they  of  any  other  value  than  what  comon  consent  and  the  quick  circula- 
tion stampt  upon  them. 

But  as  in  time  these  Bills  being  written  became  obliterated  and  defact 
and  the  General  Assembly  (not  deeming  this  to  l)e  a  sufficient  Ciu'rency 
to  carry  on  the  trade  of  the  Province)  did  in  November  1729  pass  an- 
other Act  for  making  and  emitting  the  sum  of  forty  thousand  pounds 
Puhlick  Bills  of  Credit  Ten  Thousand  Pounds  of  which  was  by  this 
Act  appropriated  to  Exchange  as  much  of  the  old  Currency  £2000  being 
then  supposed  to  be  lost  Torn  or  defact  which  was  accordingly  done. 
The  other  £30000  was  let  out  to  interest  on  land  security  for  the  space  of 
fifteen  Years  at  the   rate  674  "^  Cent  interest,  and  one  fifteenth  part  of 


COLONIAL  RECORDS.  J 79 


the  Principal  to  be  aiiiuialiy  paid  in  to  tlie  Treasurers  for  that  purpose 
appointed  which  interest  and  priiK'ij)ai  was  to  be  sunk  as  tlie  Payni' 
sliould  be  made. 

By  this  calculation  the  £30000  so  let  out  would  in  fifteen  years  amount 
to  £45000  which  is  £5000  [more]  than  the  whole  of  this  Emission  &  conse- 
quently the  Province  would  gain  so  much  at  the  Expiration  of  the  said 
Term  which  sum  of  five  Tiiousand  Pounds  was  by  this  Act  directed  to 
be  taken  out  of  the  first  money  that  should  arise  and  applyed  to  the 
Payment  of  the  Com"  &  Treasurers  appointed  to  Execute  it  and  other 
Cliarges  of  the  Government. 

In  February  1730  [1731]  Governor  Burrington  arrived  in  this  Province, 
and  soon  after  declared  the  Law  before  mentioned  to  be  invalid  as  having 
been  past  since  the  Act  for  vesting  the  Province  in  His  Majesty  and  for- 
bade any  of  the  Precinct  Treasurers  receiving  the  interest  and  principal 
of  the  money  so  let  out  as  being  illegal  which  they  readily  complied 
with  so  that  the  whole  sum  circulated  during  the  time  of  his  Government 
without  any  annual  deduction,  as  the  Law  intended  by  which  and  some 
other  means  the  Currency  became  greatly  depreciated. 

On  the  arrival  of  His  Excellency  Governor  Johnston  he  immediately 
issued  a  Proclamation,  commanding  all  the  Precinct  Treasurers  to  be 
ready  to  lay  out  their  Accounts  before  the  Generall  Assembly  then  called 
to  meet  at  Edenton  the  15*  of  January  1734,  and  to  pay  in  their  several 
sums  received  by  virtue  of  the  aforesaid  Act,  most  of  which  Accounts 
were  accordingly  product  but  not  one  tenth  part  of  the  money  then  due 
the  particulars  of  which  are  here  annexed. 

There  being  at  this  time  a  large  Arrear  of  Quit  rents  due  to  His  Maj- 
esty, and  an  Act  then  depending  in  both  Houses,  for  the  settling  and 
paying  the  same  for  the  future  it  was  apprehended  that  the  annual  sink- 
ing of  the  Currency  as  before  mentioned  would  greatly  distres.s  the 
Inhabitants  in  such  payments  for  want  of  a  sufficient  paper  Currency 
(silver  and  Gold  being  not  to  be  had)  a  Bill  was  therefore  brought  in 
which  on  the  1*'  of  March  past  into  an  Act  for  stamping  and  exchanging 
the  present  Bills  of  Currency  etc.  whereby  it  was  enacted  that  from  the 
30"'  day  of  Aprill  1734.  All  the  money  then  due  by  virtue  of  the  Act  in 
1729  as  well  as  what  sliould  become  annually  so  should  again  be  let 
out  at  Interest  of  6  per  cent:  ^  annu:  (the  Principal  to  be  kept  entire) 
for  the  space  of  Ten  years  at  which  time  the  £40000  Act  Expiretl  and 
this  was  intended  purely  for  the  benefit  of  the  Inhabitants  of  the  Prov- 
ince that  they  might  be  certain  of  at  least  a  Currency  of  £40000  for  Ten 
years  to  come.  By  tljis  Act  also  the  Commissioners  appointed  to  stamp 
the  Paper  Bills  were  impowered  to  stamp  the  sum  of  £2500  over  and 


180  COLONIAL  RECORDS. 


above  the  £40000  to  defray  the  Charges  of  it,  which  sum  was  included 
in  an  estimate  of  the  Debts  of  the  Province  which  amounted  to  the  sum 
of  £14150.3''  And  on  the  first  of  March  an  Act  passed  for  granting  to 
His  Majesty  the  sum  of  £14150.3.2  etc"  to  be  raised  by  a  Poll  Tax  of  5' 
per  head  pay'  in  five  years  but  because  it  was  absolutely  necessary  these 
Debts  should  be  paid  off  as  soon  as  possible  His  Excellency  consented 
to  a  Clause  in  the  same  law  for  stamping  £10000  more  to  be  sunk  by 
this  Tax  and  a  Law  for  laying  a  Duty  on  liquors  imported  past  at  the 
•same  time  so  tiiat  there  is  now  circulating  in  the  province  the  sum  of 
£52500  except  what  of  the  old  Bills  as  may  be  lost  or  destroy'd  Viz' 
By  an  Act  for  stamping  the  Currency  past  the  first  of 

March  1734  £42500  "  -  " 

By  the  Tax  Law  10000  "  -  " 

£52500  "  -  " 


Received  with  M'  Johnston's  Letter  of  15*  of  October  1736. 


A  Bill  for  providing  His  Majesty  a  Rent  Roll  for  securing  His  Majes- 
ties Quit  Rents  for  the  Remission  of  Arrears  of  Quit  Rents  &  for 
quieting  the  Inhabitants  in  their  Possession  &  for  the  better  settle- 
ment of  His  Majestys  Province  of  Nortli  Carolina. 
Wiiereas  by  an  Act  of  Parliament  passed  in  Great  Brittain  in  tiie  sec- 
ond year  of  His  present  Majesty  King  George  the  second  entituled  an 
Act  for  Establisliing  an  Agreement  with  seven  of  the  Lords  Proprietors 
of  Carolina  for  the  surrender  of  their  Title  and  Interest  in  that  Prov- 
ince by  virtue  of  which  said  Act  the  several  parts  and  shares  of  seven  of 
tiie  late  Proprietors  therein  named  (Except  as  therein  is  excepted)  are 
now  become  vested  in  His  Majesty  his  Heirs  &  Successors  together  also 
with  seven  eight  parts  of  all  and  every  the  Arrears  of  Quit  Rents  and 
other  Rents  sum  and  sums  of  money  debts,  dues,  Accounts,  Reckonings 
Claims  &  Demands  whatsoever  due  to  the  said  last  mentioned  Proprie- 
tors to  tlie  first  day  of  June  1729  And  whereas  the  Kings  most  Ex- 
cellent Majesty  as  a  mark  of  His  Royal  and  Fatherly  indulgence  to  the 
Inhabitants  of  this  Province  has  been  graciously  pleased  to  impower  His 
Excellency  Gabriel  Johnston  Esq"  Governor  etc  to  give  his  assent  to  a 
Law  for  remitting  all  such  Arrears,  as  were  due  from  the  Inhabitants 
thereof  at  the  time  of  His  Majestys  purchase  and  to  direct  that  the  In- 
habitants of  this  Province  claiming  Lands  by  any  Pattents  or  Grants 
(slioukl  in  order  to  the  forming  a  Rent  Roll)  forthwith  Register  tiie  same 
in  tiie  office  of  the  Auditor  General  or  his  Deputy  that  for  the  future 


COLONIAL  RECORDS.  181 


the  Aiiiinal  Rent  reserved  on  sucli  Pattents  or  Grants  miglit  be  the  l>etter 
ascertained  and  paid.  We  tlierefore  luimbly  pray  your  most  sacred  Maj- 
esty that  it  may  be  Enacted  and  it  is  liereby  Enacted  by  liis  J']xcellcncy 
Gabriel  Johnston  Esej'"  Governor  the  Council  and  Genera!  Assembly  of 
the  said  Province  now  met  at  Edenton  that  all  Persons  seized  or  pos- 
sessed of  any  Lands  in  this  Province  by  any  Title  or  Claim  whatsoever 
under  the  late  Lords  Proprietors  shall  within  eighteen  months  after  the 
breaking  up  of  this  Assembly  Register  the  Origiuall  Pattents  or  Grants 
or  Mesne  Conveyances  or  Abstract  of  such  original  Pattents  Grants  or 
Mesne  Conveyances  by  whi<^h  they  hold  the  said  Lands  in  the  office  of 
His  Majestys  Auditor  General  or  his  Deputy  if  such  original  Pattents 
or  Grants  or  abstract  of  such  Original  Patents  Grants  or  Mesne  Con- 
veyances are  not  already  registered  in  said  office  And  that  the  Auditor 
General  shall  Register  the  said  Grants  &  mesne  Conve}'ances  or  abstract 
of  such  Original  Patents  Grants  or  Mesne  Conveyances  without  Fee  or 
reward  and  that  all  Grants  already  made  by  His  Majesty  shall  in  like 
manner  be  registered  in  Eighteen  months  after  the  breaking  up  of  this 
Assembly  and  all  Grants  hereafter  to  be  made  by  His  Majesty  his  Heirs  & 
Successors  shall  in  like  manner  be  registered  within  Twelve  months  from 
the  date  of  the  said  Grants,  and  the  said  Auditor  or  his  Deputy  shall  be 
allowed  for  registring  every  Grant  passed  or  to  be  passed  since  His  Majestys 
Purchase  or  a  memorial  or  abstract  thereof  and  giving  a  Certificate  thereon 
seven  pence  half  penny  Proclamation  Money  or  the  value  thereof  in  the 
Currency  of  this  Province  for  every  Copy  sheet  that  is  to  say  for  every 
ninety  words  and  no  more.  And  to  the  end  that  all  Persons  may  know 
where  to  resort  to  for  Registering  their  said  Grants  or  Mesne  Conveyances 
by  this  Act  directed  to  be  Registered  by  the  Auditor  Gen"  or  his  Deputy 
without  Fee  or  reward.  It  is  hereby  further  Enacted  that  the  Auditor 
General  or  his  Deputy  or  some  Person  appointed  by  him  do  attend  at 
the  respective  Court  houses  in  each  precinct,  day  within  the  time 

by  this  Act  appointed  for  Registering  the  same  and  to  give  Publick 
notice  of  the  days  that  he  intends  to  attend  for  Registering  the  same. 
And  that  for  the  Registering  all  Grants  which  shall  hereafter  be  made, 
the  Auditor  General  or  his  Deputy  or  some  person  authorized  by  the 
said  Deputy  shall  attend  at  Edenton.  And  be  it  further  Enacted  by  the 
Authority  aforesaid  that  all  Grants  and  Pattents  whether  under  the 
late  Lords  Proprietors  or  His  Majesty  and  all  Mesne  Conveyances  by 
this  Act  directed  to  be  Registered  which  shall  not  be  Registered  in  manner 
aforesaid  shall  be  held  deemed  and  taken  to  be  null  and  void,  and  the 
lands  thereby  granted  to  be  vacant  lands,  and  shall  and  may  be  granted 
by  His  Majesty  to  any  persons  whatsoever  excei)tiiig  all  Orphans  and 


182  COLONIAL  RECORDS. 


Minors,  who  shall  be  allowed  tliree  years  after  they  are  at  age  if  it  shall 
be  neglected  by  their  Gnardians  or  Trustees  but  if  such  Guardian  or 
Trustee  shqll  neglect  to  have  such  Orphans  or  Minors  land  Registered  as 
aforesaid  such  Guardian  or  Trustee  shall  forfeit  the  sum  of  Two  Hundred 
and  fifty  Pounds  Currency  Money  to  be  recovered  of  any  Court  of  Record 
of  this  Province  one  half  to  the  Informer  and  the  other  half  tiT  the  Orphan 
or  Minor  so  injured  unless  such  Guardian  or  Trustee  doth  witiiin  twelve 
months  after  the  breaking  up  of  this  Assembly  api)ear  before  the  Auditor 
Genera]  or  His  Deputy  or  the  precinct  Court  where  such  Guardian  or 
Trustee  reside  and  make  Oath  that  he  hath  not  in  his  Custody  the  Grant 
or  Mesne  Conveyance  by  which  the  Orphan  or  Minor  iiolds  lands  and 
that  he  cannot  procure  the  same  a  Certificate  of  which  Oath  taken  before 
the  Precinct  Court  shall  without  delay  be  transmitted  by  the  C"'  to  the 
Auditor  General  or  his  Deputy  excepting  also  all  Persons  now  absent  or 
beyond  seas  who  shall  be  allowed  five  years  for  registering  their  Grants 
as  aforesaid.  And  be  it  further  Enacted  by  the  Authority  aforesaid 
that  all  persons  who  were  in  possession  of  any  Tracts  of  land  Tenements 
or  Hereditaments  in  the  said  Province  before  the  twenty  fifth  day  of 
July  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  twenty 
nine  being  the  time  when  the  several  parts  and  shares  of  Seven  of  the 
late  Lords  Proprietors  became  vested  in  His  Majesty  and  have  no  Title 
deeds  to  produce  from  the  late  Lords  Proprietors  their  Governor  or 
Coiuand'  in  Chief  or  sliall  be  in  actuall  possession  at  the  time  of  apply- 
ing for  a  Grant  upon  due  proof  made  before  the  Governor  or  Com- 
ander  in  Chief  for  the  time  being  in  Council  of  such  possession  such 
person  or  persons  shall  be  intituled  to  a  Grant  of  so  much  of  the  said 
Land  so  possessed  at  the  rate  of  fifty  Acres  f(jr  each  person  black  or 
white  his  family  consists  of,  or  according  to  the  proportion  of  one  hun- 
dred acres  for  every  three  Acres  he  has  cultivated  or  improved  at  the 
Quit  rents  directed  at  His  Majestys  Instruction,  but  if  such  land  should 
lye  in  Albemarle  County,  then  upon  such  terms  as  should  be  agreeable  to 
the  directions  of  the  late  Lords  Proprietors  for  granting  lands  pursuant 
to  the  Deed  of  Grant  dated  May  the  fourth  one  thousand  six  hund''  and 
sixty  eight.  And  if  any  person  shall  be  posses't  of  land  which  has 
been  actually  surveyed  and  measured  out  to  him  by  any  Surveyor,  or 
proof  of  such  survey  being  made  he  shall  be  intituled  to  His  Majestys 
Grant  preferable  to  all  others  for  the  Lands  contained  witiiin  tlie  bounds 
of  such  survey  and  in  Case  any  person  posses't  of  I^ands  as  before 
recited  shall  neglect  or  refuse  to  apply  for  a  Grant  for  such  Lands  before 
the  Twenty  fourth  day  of  June  in  the  year  of  our  Lord  one  thous''  seven 
hundred  thirty  seven  then  the  said  Tracts  to  revert  to  tlie  Crown  and  be 


(COLONIAL  RPX!ORI)S.  183 


(lisj)osocl  of  by  His  Majesty  to  any  person  whatsoever  exce])ting  all 
Orphans  &  Minors  who  shall  be  allowed  three  years  after  they  arrive  to 
age  to  apply  as  aforesaid  if  the  same  shall  be  neglected  by  their  Gnar- 
dian  or  Trustee  &  such  Guardian  or  Trustee  so  neglecting  to  apply  in 
behalf  of  such  Orphan  or  Minor  shall  forfeit  the  sum  of  Two  hundred  & 
fifty  pounds  Currency  money  to  be  received  in  anj'  Court  of  Record  in 
this  Province  one  half  to  the  Informer  and  the  other  half  to  the  Orphan 
or  Minor  so  injured  excepting  all  such  persons  now  absent  or  beyond 
the  seas  who  shall  be  allowed  five  years  for  making  such  applycation 
by  themselves  or  their  Attorneys. 

And  be  it  also  further  Enacted  by  the  authority  aforesaid,  that  all  and 
every  person  and  persons  who  are  now  possesst  of  or  do  hold  any  Mes- 
suages, I^and,  tenements  or  hereditaments  whatsoever  in  the  Province  of 
North  Carolina  by  and  under  any  original  Pattents,  Grants  or  Deeds 
whatsoever  provided  the  same  have  been  obtained  without  Fraud  covin 
or  any  deceit  either  from  the  said  Lords  Proprietors  or  from  their  Pala- 
tine or  his  Deputy  or  from  the  Deputys  of  the  late  Ijords  Proprietors 
lawfully  appointed  or  from  the  Governor  and  Council  for  the  time  being 
lawfully  impowered  to  make  such  sales,  Grants  Pattents  and  Convey- 
ances, or  by  Conveyance  from  any  person  whatsoever  holding  under  such 
original  Grants,  may  hold  use  occupy  &  enjoy  all  and  every  such  Mes- 
suage, lands,  tenements  and  hereditaments  whatsoever  to  them  their 
heirs.  Executors,  adm'''  &  assignes  respectively  according  to  the  several 
tenures  in  such  original  pattents  grants  deeds  or  mesne  Conveyances  & 
that  from  &  against  his  Majesty,  his  heirs  and  successors  from  and 
against  all  and  every  the  said  Lords  Proprietors  &  their  heirs  and  all 
and  every  person  or  person  whatsoever,  save  and  except  as  herein  after 
is  saved  &  excepted  and  that  for  and  notwithstanding  any  misnomer  of 
the  names  of  any  of  the  said  Lords  Proprietors  or  their  deputies  any 
want  of  significant  &  necessary  forms  or  words  in  Law  for  conveying 
such  Lands  any  Omission,  Commission  or  mistake  whatsoever  in  the 
said  Grants  done  Omitted  or  Committed  by  all  or  any  of  the  late  Lords 
Proprietors  their  Governors,  Deputys  or  Trustees  commissioned  by  the 
said  Lords  Proprietors  for  settling,  granting  or  conveying  Lands  in  this 
Province  &  also  for  &  notwithstanding  the  Lands  granted  or  conveyed 
or  intended  to  be  granted  or  conveyed  by  such  Patents  Grants  or  deeds 
have  not  been  sufficiently  described  or  ascertained  Provided  nevertheless 
that  such  Lands  or  some  part  thereof  have  been  i-egularly  surveyed 
meeted  out  or  ascertained  by  survey  to  such  Pattentees,  Grantees  or  pur- 
chasers or  to  their  heirs  or  assignes  or  to  the  heirs  or  assignes  of  the  per- 
sons named  as  pattentees,  grantees  or  assignees  in  such  Pattents  or  grants 


184  COLONIAL  RECORDS. 


or  deeds  of  assignment  or  to  their  or  either  of  their  Attorneys  or  Agents 
in  their  behalf  by  the  survey  of  a  survey'  or  Surveyors  so  as  part  of 
such  Pattent  I^ands  are  oertifyed  or  returned  into  the  secretarys  or  Sur- 
veyor General's  Office  by  a  Surveyor  or  Surveyors  lawfully  appointed. 

Saving  to  all  &  every  Inhabitant  or  Inhabitants  of  the  County  of 
Albemarle  &  to  their  heirs  such  rights  priviledges  &  immunitys  they 
may  can  or  shall  lawfully  claim  possess  hold  or  enjoy  by  virtue  of  the 
great  deed  of  Grant  from  the  late  Lords  Pi'oprietors  to  the  County  of 
Albemarle  under  this  great  seal  of  tliis  Province  to  the  said  County  of 
Albemarle  bearing  date  May  the  fourth  1668  Provided  also  that  noth- 
ing in  this  Act  contained  shall  extend  or  be  construed  to  abridge  lessen 
or  take  away  any  of  the  Priviledges  &  Rights  aforesaid  by  the  said  great 
deed  granted  to  the  Inhabit"  of  the  aforesaid  County  of  Albemarle  & 
their  heirs  etc. 

And  be  it  further  Enacted  by  the  authority  aforesaid  that  no  Grants 
of  Land  which  shall  be  made  by  His  Majesty  his  Governor  or  Com- 
mander in  Chief  for  the  time  being  shall  be  deemed  a  barr  against  the 
claim  of  any  person  or  persons  whatsoever  or  bodies  Pollitick  or  Corpo- 
rate saving  against  His  Majesty  his  heirs  &  successors  &  against  the  late 
Lords  Prop"  Provided  nevertheless  that  if  no  legal  claim  be  made 
within  five  years  after  the  date  of  His  Majestys  grant  or  the  grant  of 
the  late  Lords  Prop"  their  Governor  or  C'ommander  in  Chief  for  the 
time  being  such  Grantee  or  Grantees  continuing  during  that  time  in  quiet 
&  peaceable  possession  of  the  Lands  thereby  granted  such  Grants  are 
hereby  tleclared  to  be  good  in  Law  &  a  perpetual  barr  against  all  per- 
sons claims  or  demands  wliatsoever  saving  to  Minors  who  shall  prose- 
cute such  their  claim  within  three  years  after  they  shall  come  of  age 
saving  the  rights  also  of  persons  beyond  the  seas  who  shall  be  allowed 
five  years  by  themselves  or  Attorneys  to  prosecute  the  same  Provided 
also  that  nothing  in  this  Act  contained  shall  Extend  or  be  construed  to 
alter  or  abridge  the  Right  Hon"''  Lord  John  Carteret  his  heirs,  Exe'", 
Adm"  or  Assigns  or  the  said  Lords  Prop"  or  their  heirs  of  any  Estate 
right,  title  or  interest  whatsoever  which  have  or  hath  Ijeen  saved  &  re- 
served unto  the  said  John  Lord  Cartei-et  or  to  the  late  Lords  Prop"  or  any 
of  them  in  &  by  the  Act  intituled  an  Act  for  establishing  an  agreement 
with  seven  of  the  Lord  Prop"  of  Carolina  for  the  surrender  of  their 
title  &  interest  in  that  Province  to  His  Majesty  nor  to  receive  or  enlarge 
any  Estate  or  right  or  interest  whatsoever  in  the  said  Lords  Prop"  in 
any  of  them  their  or  any  of  their  heirs  of  in  &  to  the  Provinces,  terri- 
tories aforesaid  or  any  part  thereof  which  they  or  any  of 'them  have 
granted  &  conveyed  as  aforesaid  to  any  person  or  persons  whatsoever  or 


COLONIAL  KKCORDS.  ]So 


wliioli  they  have  surrendered  to  His  Majesty  by  virtue  of  tlie  last  lierciu 
before  recited  Act.  And  be  it  further  enacted  hy  tiie  authority  afores'' 
that  all  persons  seized  or  possest  of  any  land  granted  by  His  Majesty 
his  Gov'  or  Com*'  in  Chief  for  the  time  being  within  this  Province 
(which  have  not  already  been  clear'd  &  cultivated)  shall  be  obliged  to 
settle  &  cultivate  them  in  the  manner  following,  that  is  to  say,  every 
owner  or  possessor  of  such  lands  shall  within  three  years  after  passing 
this  Act  clear  &  inclose  three  Acres  of  every  hundred  he  is  so  seized  & 
possesst  of  or  in  lieu  thereof  shall  upon  each  tract  or  parcell  of  Land  he 
possesses  build  one  sufficient  &  inhabitable  house  and  shall  put  on  at 
least  five  head  of  Cattle  for  every  five  hundred  acres  &  so  in  proportion 
for  a  greater  or  lesser  quantity  of  acres  on  the  said  land  &  all  persons 
who  after  the  passing  of  this  Act  shall  obtain  grants  of  Land  shall  within 
three  years  after  the  date  of  the  said  grants  be  obliged  to  cultivate  or 
put  on  five  head  of  Cattle  &  build  one  sufficient  &  habitable  house  &  in 
case  of  neglect  the  said  grants  to  be  null  &  void  &  the  lands  thereby 
granted  to  revert  to  his  Majesty  Provided  always  that  nothing  in  this 
Act  shall  be  construed.  Deemed  adjudged  or  taken  to  invalidate  or  set 
aside  any  grant  or  patent  for  land  passed  undei-  the  Seal  of  the  late  Lords 
Prop"  either  in  England  or  this  Province  so  as  such  grant  or  pattent  is 
already  registered  or  shall  be  tendered  to  be  registered  within  the  time 
limited  within  this  Act.  And  be  it  further  Enacted  by  the  Authority 
afores''  that  all  the  Arrears  of  Quit  rents  now  due  or  that  shall  become 
due  to  His  Majesty  his  heirs  &  successors  shall  be  paid  to  the  Receiver 
Generall  in  silver  in  the  Proclamation  standard  or  in  gold  equivalent 
thereto  or  in  paper  Bills  of  Credit  of  this  Province  or  in  such  Comod- 
itys  thereof  as  in  this  Act  is  hereafter  provided  &  for  the  better  ascer- 
taining the  value  of  such  bills  of  Credit  &  the  proportion  they  do  or  shall 
bear  to  Proclamation  money.  Be  it  Enacted  by  the  Authority  aforesaid 
that  the  said  exchange  shall  be  regulated  Yeai'ly  by  the  Governor  the 
two  Senior  Members  of  Councill  the  Attorney  Gen"  the  Receiver  Gen" 
&  the  Auditor  Gen"  (for  the  time  being)  or  their  Deputys.  The  Speaker 
of  the  Lower  House  of  Assembly  &  six  other  members  appointed  by  the 
said  House  or  the  Majority  of  them  Provided  if  such  Majority  as  shall 
be  an  equall  number  of  the  Committee  of  Bui-gesses  &  of  the  officers  of 
the  Crown  present  &  for  the  appointment  of  the  said  Committee  of  Bur- 
gesses. 

Be  it  Enacted   by  the  Authority  atbrs''  that  the  House  of  Burgesses 
in  each  Session  of  Assembly  shall  nominate  &  appoint  six  of  their  Mem- 
bers who  together  with  the  Speaker  shall  continue  &  remain  a  Committee 
on  the  part  of  the  People  untill  the  next  Session  of  Assembly  after  such 
24 


186  COLONIAL  RECORDS. 


appointment  for  settling  the  equivalent  in  manner  Aforew*  any  proroga- 
tion or  dissolution  of  the  General  Assembly  notwithstanding  &  in  case 
of  the  death  of  any  of  the  said  Committee  of  Burgesses  between  the  two 
Sessions  of  Assembly  tlie  survivors  of  the  Committee  are  hereby  em- 
powered to  Elect  any  other  Burgess  of  the  preceeding  Assembly  in  room 
of  the  person  Dead,  which  person  so  elected  shall  have  the  same  power 
as  if  nominated  by  the  Assembly  for  settling  the  Equivalent. 

And  all  the  persons  concerned  in  fixing  the  said  Exchange  shall  be 
obliged  before  they  give  their  Opinion  to  swear  and  subscribe  the  follow- 
ing Oath  I  A  B.  do  solemnly  swear  that  in  ascertaining  the  proportion 
betwixt  the  value  of  the  Bills  of  Credit  of  this  Province  &  Proclama- 
tion money  I  will  give  my  opinion  according  to  truth  &  as  the  Exchange 
at  present  takes  place  in  Trade  &  that  to  the  best  of  my  knowledge  I 
will  in  this  Affair  do  justice  betwixt  His  Majesty  &  his  Subjects.  So 
help  me  God. 

And  be  it  Enacted  by  the  Authority  aforesaid  that  His  Majesty.s  Quit 
Rents  shall  be  paid  annnall}'  in  the  County  of  Albemarle  in  the  month 
of  January  &  in  the  County  of  Bath  in  the  month  of  February  &  tliat 
the  Receiver  General  shall  give  proper  notice  at  least  one  month  before- 
hand of  the  different  days  on  which  he  will  attend  at  the  different  Pre- 
cincts &  at  the  Places  in  this  Act  mentioned.  And  be  it  further  Enacted 
by  the  Authority  afors*  that  all  Arrears  of  Quit  rents  now  due  or  which 
hereafter  shall  become  due  to  His  Majesty  his  heirs  &  successors  shall  be 
paid  to  the  Receiver  Generall  or  such  Collectors  as  shall  be  appointed  to 
receive  the  same  in  silver  at  the  Proclamation  standard  or  in  Gold  equiv- 
alent thereto  or  in  paper  Bills  of  Credit  of  tliis  Province  at  the  Exchange 
as  regulated  by  this  Act  or  in  sucli  Comoditys  &  at  such  several  respect- 
ive Prices  hereinafter  rated  &  exprest  Hemp  merchantable  at  3  pence  '^ 
pound  Flax  merchantable  at  four  pence  "^  pound  Rice  merchantable  at 
ten  shillings  "^  hundred  Tobacco  eight  siiillings  &  four  pence  '^  hundred 
Drest  Deer  skins  at  two  shillings  &  six  pence  ^  pound.  And  be  it 
Enacted  by  the  Authority  aforesaid  that  the  Quit  rents  which  hereafter 
shall  become  due  to  His  Majesty  shall  be  paid  at  the  respective  Court 
houses  of  the  Precincts  where  such  lands  lye  &  at  the  several  places  here- 
after mentioned,  that  is  to  say,  At  the  Court  House  in  Currituck  in  the 
Court  house  in  Pasquotank,  at  the  Court  House  in  Pequimmons,  at  the 
Court  House  in  Edenton  for  Bartie  and  Edgcomb  at  Out  Law's  landing 
upon  Chowan  at  a  place  called  the  Old  Plantation  upon  Coshia  River  & 
at  Killingsworth  landing  on  Morratuck  River,  for  Terrill  &  M'  Leighs 
at  tlie  mouth  of  Kinderieks  Creek,  for  Beaufort  at  Bath  Town  for  Hyde 
at  M"  Websters,  for  Craven  at  Newbern  Town  for  Carteret  Precinct  at 


COLONIAL  RECORDS.  187 


Beaufort  Town,  for  Onslow  at  the  Court  House  for  New  Hanover  at 
New  Town  &  for  Bladen  at  the  Court  House,  &  all  &  every  person  or 
persons  so  carrying  his  rents  shall  and  may  retain  in  his  own  hands  for 
his  charge  of  carrying  to  the  said  places  ten  '^  cent  for  ten  miles  &  under 
fifteen  "^  cent  for  all  above  ten  miles  &  under  Twenty  "^  cent  for  all 
above  Twenty  miles,  &  because  it  may  so  happen  that  it  may  be  more 
convenient  for  many  persons  to  pay  their  Quit  rents  at  other  Places  than 
in  their  Precinct  where  their  lands  lye  Be  it  Enacted  by  the  Authority 
afores''  that  it  sliall  &  may  be  lawfull  for  any  person  to  pay  his  Q,uit 
rents  at  any  of  the  Places  before  in  this  Act  mentioned,  &  the  Collector 
or  Receiver  appointed  for  every  Place  as  aforementioned  shall  receive 
such  Quit  rents  as  are  tendered  unto  him  &  such  Collectors  receipts  shall 
be  sufficient  as  if  the  same  had  been  paid  in  the  Precinct  where  the  land 
lyes.  And  be  it  Enacted  that  the  rents  of  such  Lands  as  have  already 
been  granted  or  that  hereafler  shall  be  granted  by  His  Majesty  shall 
become  due  only  from  the  date  of  the  Pattent  by  which  the  said  lands 
were  gi-anted.  And  be  it  further  Enacted  by  the  Authority  afores^  that 
in  Case  any  Person  or  persons  shall  be  in  his  Arrears  to  His  Majesty  for 
any  quit  rents  or  parts  of  Quit  rents,  the  Receiver  Generall  or  any  per- 
son by  him  appointed  shall  enter  into  the  Lands  of  the  Defaulter  &  dis- 
train &  the  proceedings  thereon  shall  be  according  to  the  Laws,  statutes 
&  usages  of  England,  &  if  it  shall  so  happen  that  any  Person  shall  be 
in  the  Arrear  of  Quit  rents  for  the  space  of  five  years,  &  no  distress  can 
be  found  on  the  Land  for  which  such  Quit  rent  is  due  that  then  on 
inquisition  &  office  found  the  said  I^and  shall  revert  to  his  Majesty  his 
heirs  &  Successors. 

And  be  it  further  Enacted  by  the  Authority  afores*  that  no  Rice,  Corn 
or  other  grain  whilst  in  the  sheaf  or  ear  either  in  the  field  or  barn,  shall 
be  lyable  to  any  Distress  for  Quit  rents  or  other  rents  whatsoever  till 
threshed  out,  nor  Negros  or  other  slaves,  nor  Wagons,  Carts  or  Carriages, 
loaden  or  unloaden  going  in  the  Kings  High  Road  or  Private  Path  to  or 
from  a  landing,  nor  horses  or  oxen  drawing  the  same,  nor  the  loading  so 
carryed  or  drawn,  nor  any  goods  in  Boats,  Perriangurs  or  other  Vessels 
on  the  water,  nor  horses  nor  oxen  of  the  Plow  on  any  Plantation  where 
other  horsfts  or  Cattle  are  shewn  or  delivered,  nor  mills  nor  other  Planta- 
tion tools  or  utensils,  or  Canoes,  boats  or  Perriangurs  belonging  to  the 
owner  or  any  other  person  when  other  sufficient  distress  is  shewn  or 
produced,  nor  shall  any  distress  be  severed  &  drove  or  carrytxl  to  more 
than  one  place  to  put  the  parties  to  charge. 

And  be  it  further  enacted  by  tlie  authority  afors*  that  in  case  any  dis- 
tress &  sale  as  afores''  shall  be  made  by  colour  of  this  Act  or  otherwise 


188  COLONIAL  RECORDS. 


of  any  Quit  rents  pretended  to  be  due  &  in  arrear,  or  if  any  distress  or 
distresses  shall  be  taken  &  sold  contrary  to  the  true  intent  &  meaning 
of  this  Act  that  then  the  owner  of  such  goods  so  distrained  &  sold  as 
aforesaid  his  Exe"  or  Adm"'  shall  &  may  by  action  of  trespass  or  upon 
the  Case  to  be  brought  against  the  Person  or  persons  by  whose  Warrant 
or  Command  such  distress  was  made  any  or  either  of  them,  his  or  their 
Exe"  or  Adm"  recover  double  the  value  of  the  goods  or  chattels  so  dis- 
trained &  sold  together  with  full  cost  of  snit  And  whereas  many  original 
Pattents  or  grants  from  the  late  Lords  Proprietors  may  be  lost  or  destroy'd 
Be  it  therefore  Enacted  by  the  Authority  aforesaid  that  the  Records  ot 
such  Patents  or  grants  or  the  abstracts  of  them  recorded  in  the  Secretarys 
Office  or  the  Exemplification  of  the  records  of  such  Pattents  or  Grants 
shall  be  as  good,  as  if  the  originals  were  produced,  and  that  they  may  be 
pleadeil  &  given  in  evidence  as  well  as  if  the  originals  were  in  being. 
Provided  always  that  such  abstracts  or  Exemplification  shall  be  Regis- 
tered or  tendered  to  be  registered  in  the  office  of  the  Auditor  Generall  or 
his  Deputy  as  before  is  in  this  Act  directed;  And  that  if  the  Quit  rents 
reserved  on  sucli  Pattents  or  Grants  cannot  be  discovered  in  the  Records 
that  then  the  Grantee  shall  be  chargeable  with  the  highest  Quit  rent  that 
was  actually  reserved  &  made  payable  to  the  late  Ijords  Proprietors  in 
the  County  where  such  Land  lyes. 

And  be  it  further  Enacted  by  the  Authority  aforesaid,  that  if  upon 
any  survey  hereafter  to  be  made  of  any  Persons  Land  it  shall  appear 
that  there  are  more  Acres  of  Land  contained  within  the  Bounds  of  his 
plot,  or  the  marked  Trees  or  stakes,  specified  in  the  said  Plot  than  is 
Exprest  in  tlie  Grand  Deed,  by  which  any  person  holds  the  same,  that 
then  the  Person  Claiming  such  overplus  as  being  contained  or  supposed 
to  be  contained  within  the  Bounds  of  his  plot  or  marked  Trees,  shall  be 
])referred  to  a  new  Grant  thereof,  before  any  Person  whatsoever  at  the 
same  Quit  rent  reserved  on  liis  Original  Grant  or  Deed,  And  if  it  appears 
that  any  Person  hath  a  less  number  of  Acres  than  by  his  Grant  or  Deed 
is  Expressed ;  that  then  &  in  such  case  he  shall  pay  Quit  rent  for  no 
more  land,  that  what  he  shall  appear  to  be  possessed  of  on  such  new  sur- 
vey, anything  herein  contained  to  the  contrary  thereof  in  anywise  not- 
withstanding. And  where  there  is  a  less  Quantity  of  Acres  of  Land  in 
any  Persons  Grant  or  Deed  than  his  Grant  or  Deed  expresses,  such  Per- 
son shall  be  intituled  to  a  new  Grant  of  Vacant  Land  to  make  up  the 
Deficiency,  at  the  same  Quit  rent  that  is  reserv'd  on  such  Grant  or  Deed. 
And  be  it  further  Enacted  liy  the  Authority  aforesaid,  That  all  Arrears 
(if  Quit  rents  that  were  due  &  owing  to  the  late  Lords  Proprietors  or 
Ills  Majesty  on  the  twenty  fifth  day  of  July  in  the  Year  of  Our  Lord 


COLONIAL  UECOUDS.  189 


1729  by  the  Inliahituiit.s  of  thi.s   Province,  be  and  are  hereby  remitted 
and  discharged. 

And  be  it  further  Enacted  by  the  Authority  aforesaid,  that  any  Officer 
or  Officers  or  other  Persons  who  shall  at  any  time  be  sued  or  impleaded 
for  putting  this  Act  in  Execution,  it  shall  be  lawfull  for  such  Officer  or 
Officers,  Person  or  persons,  to  plead  the  Gen"  Issue  &  give  this  Act,  and 
the  especial  matter  thereof  in  Evidence  and  that  this  Act  shall  be  held 
deemed  and  taken  as  a  Publick  Act. 

A  Bill  for  providing  his  Majesty  a  Rent  Roll,  for  securing  His  Maj- 
esty's Quit  rents  for  the  Remission  of  Arrears  and  for  quieting  the  In- 
habitants in  their  Possessions  etc. 

9'"  October  1 736.     Read  the  first  time  &  passed 

Per  order  J.   PRATT  C'"  Gen"  Ass"". 

Sent  by  M''  Hodgson,  M'  Montgomery 

October  11*  1736  Read  in  the  Upper  House  the  first  time  and 
Rejected     By  Order  J.  ANDERSON  e^ 

(Endorsed) 
Referr'd  to  in  Gov'  Johnston's  Letter  of  October  15'"  1736. 


A  Bill  for  an  Act  for  ascertaining  &  regulating  Publick  Officers  Fees 

and  Officei's. 

Whereas  all  Extortions,  Exactions  and  Corruptions  are  and  ought  to 
l)e  odious  and  prohibited  in  all  well  governed  places  whatsoever,  for  pre- 
vention therefore  of  such  Evils  we  pray  it  may  be  enacted  by  his  Excel- 
lency the  Governour  and  Council  and  general  Assembly  and  by  Authoritv 
of  the  same  that  no  publick  Officer  or  person  whatsoever  shall  at  any 
Time  or  Times  hereafter  take  or  require  any  sum  of  money,  fee  or 
reward  wliatsoever  for  any  Matter,  thing  or  business  belonging  to  his  or 
their  respective  Office,  Place,  Profession  or  Employment  mentioned  in 
this  Act  other  than  such  and  so  much  Fees  as  are  hereafter  in  the  respect- 
ive Table  of  Fees  hereto  annexed  set  down  omitted  and  appointed  in 
Proclamation  money  on  the  pains  and  forfeitures  hereafter  mentioned  and 
expressed  any  Law,  Usuage  or  Custom  to  the  contrary  or  any  wise  not- 
withstanding. 

governour's  fees 

For  every  Grant  of  Land  or  Patents  signed  or  to  be 

signed  for  six  hundred  and  forty  acres  and  under — 

Ten  shillings 
Every  Grant  or  Patents  for  more  tiian  six  hundred 

and  forty  acres.  1   "       0  "     0 

To  the  Governour's  Secretarv  for  the  Seal  &  Wax         —  "       5  "     — 


1^0 


COLONIAL   RECORDS. 


Signing  a  Testimonial  and  Seal. 

Signing  Letters  of  Administration. 

A  Marriage  Licence. 

The  Probate  of  a  Will  &  Letters  Testamentary 

Letters  of  Guardianship. 

A  Warrant  for  Land. 

A  Certificate  or  Register  for  a  ship  or  vessell  under 

30  tons. 
All  above  .30  tons. 

Any  Commission  for  a  place  of  profit. 
Tiie  Governour's  private  Secretary  for  the  same. 

FEES    IN    CHANCERY. 

Signing  and  sealing  an  Injunction  to  stop  suits  of 

I  jaw  or  to  stay  coaste. 
Signing  a  Decree  in  Chancery. 
Signing   an    Exemplification   of  a   Decree  and   seal 

thereto. 
Admission  of  an  Infant  to  appear  by  Guardian 

REGISTER    OR    CLERK    IN    CHANCERY 

Drawing  and  entring  all  orders  of  Court  '^  Copy 

Sheet  containing  fifteen  lines  and   six  words  in  a 

line. 
Entring  all   Depositions,  affidavits,   Interrogatories, 

Decrees  "^  Copy  sheet. 
Entring  a  Cause  for  hearing. 

Every  Subpoena  Capias  Attachm'  habeas  corpus  &c :  '  - 
Every  Injunction. 

Filing  every  Bill,  Answer  Demurrer  Replication  &c:    - 
Copying  all  Bills,  Answers,  Demurrers  Replications 

Rejoynders  "^  copy  sheet 
Every  Warrant  of  Comitment 
Filing  every  petition  or  affidavit. 
Drawing  every  Recognizance 
Exemplification  of  the  Proceedings  in  any  Cause  per 

copy  sheet. 

SECRETARYS    FEES. 

A  Warrant  for  Land. 

A  Grant  or  Patent  for  Land  if  640  acres  or  under 
&  recording  the  same. 


10 


—  "     14 


14 

2 


0  " 

U 

1  " 

3 

2  " 

3 

4  " 

— 

-  " 

6 

—  " 

7* 

2  " 

6 

—  " 

6 

2  " 

6 

71 


"     6 


5  " 

— 

8  " 

— 

5  " 



7i 

-  " 

8 

2  " 

6 

7  " 
]   " 

6 

COLONIAL  RECORDS.  191 


Ditto  if  above  640  acres.  — 
Letters  of  Administratiou  and  Bond.  — 
Writing  the  Probate  of  a  Will  and  Letters  Testa- 
mentary. — 
Copy  of  a  Will  each  Copy  sheet.  — 
Letters  of  Guardianship.  — 
A  Caveat.  — 
A  Te.stiraonial  and  the  Seal  thereto.  — 
Every  search.  — 
Recording  a  Will  or  any  other  Writing  per  Copy 

Sheet.  —  "     —  "     7| 

For  every  Commission  —  "       6  "     — 

PUBLICK    REGISTERS    FEES. 

Registering  any  Conveyance,  Grant,  Lease  Letter  of 

Attorney  Bond  or  other  Writing  ^  Copy  Sheet.  —  "     —  "     7J 
Copies  of  any  Deeds  &c :  registered  in  the  Office  "^ 

Copy  Sheet.  —  "     —  "     7i 

Every  Search.  —  u       ^   a     — 

Entring  Satisfaction  on  any  Mortgage.  —  "       2  "     6 

A  Certificate  at  the  request  of  the  party.  —  "       2  "     — 

CHIEF   JUSTICES    FEES   IN   THE   COURT   OF   COMMON    PLEAS. 

Every  Capias  Subpoena,  or  other  writ  or  process  of 

return.  —  "       2  "     6 

Entring  Satisfaction.  —  "       1   "     — 
Entring  an  Action  in  the  Judges  Book  that  goes  to  a 

Jury.  —  "       ,5  "     — 

Taxing  a  Bill  of  Costs.  —  "       3  "     4 

Drawing  a  speciall  Jury.  —  "       5  "     — 
Every  speciall  Court  and  attendance  thereon.  1   "     —  "     — 

Every  order  of  Court.  —  "       1   "     — 

Bail  taken  before  him.  —  "       ,5  "     — 
The  admission  of  any  person  to  be  an  attorney  of  the 

Courts.  4  "     —  "     — 

Every  judgment  confessed  at  large  out  of  Court.  —  "       9  "     — 
Signing  a  Testimonial  of  a  Woman's  Examination 

and  renouncing  her  Right  of  Dower  or  inheritance.  —  "     10  "     — 

Every  affidavit  drawn  at  hu-ge.  —  "       2  "     6 

Examination  of  Witnesses  out  of  Court  each.  —  "        5  "     — 

Every  other  affidavit.  —  "        1   "     — 


]92 


COLONIAL  RECORDS. 


Every  speciall  Warrant  under  the  hand  of  the  Chief 

Justice  and  the  seal  of  the  Court.  —  "  2  "     6 

Every  Judgment  at  large.  —  "  2  "     6 

HIS    FEES    AT    THE    SESSIONS. 

Every  Recognizance  taken  before  him.  —  "  5  "     — 

Every  Indictment  found  bella  vera.  —  "  4  "     — 

Every  Writ.  —  "  2  "     6 

Every  Warrant  under  his  hand.  —  "  4  "     — 

Taxing  a  Bill  of  Costs.  —  "  2  "     6 

Every  Order  of  Court.  —  "  2  "     — 

CLERK  OF  THE  COURT  OF  COMMON  PLEAS 

Every  Writt  _  "  1  "     _ 
Filing  a  Declaration  Plea,  Replication  Demurrer  Joyn- 

der  in  Demurrer  0  "  0  "     9 
Copying   a   Declaration  or  other  Writing  "^  Copy 

Sheet  —  "  —  "     7i 

Reading  a  Bond  Deed  or  power  of  attorney  —  "  —  "     7^ 

Every  order  of  Court  ^  Copy  —  "  —  "     TJ 

Every  search  in  the  Records  —  "  —  "     7^ 

Signing  any  Judgment  at  large  —  "  2  "     6 

Attending,  drawing  a  speciall  Jury  at  a  speciall  Court  —  "  5  "     — 

Each  days  attendance  at  a  speciall  Court.  —  "  5  "     — 
Drawing  a  Recognizance  &  attending  on  taking  every 

speciall  Bail.  —  "  2  "     6 

Recording  every  writing  per  Copy  Sheet  —  "  —  "     7h 

Receiving  money  into  Conrt  and  paying  it  out  again  one  and  a  half 

per  Cent 

HIS    FEES    AS    CLERK    OF    THE    CROWN. 

Reading  a  Petition  or  other  Writing  — 
Entring  an  Order  by  the  Copy  Sheet.  — 
Copy  of  an  Order  by  the  Copy  Sheet.  — 
A  Bond.  —  "  2 
A  Committment.  —  "  1 
Filing  a  Petition  or  any  other  Paper.  — 
Drawing  any  Warrant.  —  "2 
A  Writ  of  Restitution.  —  "  2 
Every  Man  arraigned.  —  "  4 
Every  Indictment.  —  "  1 
A  Traverse  or  Release  or  any  one  acquitted  by  Proc- 
lamation. —  "  2 


71 


COLONIAL  RECORDS.  193 


Writing  a  Recognizance  by  Copy  Sheet.  —  "     —  "     71 

Every  Subpoena.  —  "       1   "     — 

The  Copy  of  an  Indictment.  —  "     —  "     7| 

Writing  the  presentment  of  a  Constable.  —  "     —  "     7J 

Every  cause  entered  in  the  Kallender  Order.  —  "       1   "     — 
Recording  the  Proceedings  of  a  Cause  each  Copy 

Sheet.  —  "     —  "     7i 
Every  Certificate   of  a  Coroner  having  returned  an 

Inquisition  into  Court.  —  "       2  "     9 

Swearing  every  Evidence  —  "     —  "     7| 

THE    JUDGE    OF    THE    ADMIRALTY    FEES. 

A  Warrant  of  Arrest  and  each  other  Wan-ant.  —  "       2  "     — 

The  Return  thereof.  —  "       1   "     — 

Admitting  the  Libels.  —  "       2  "     — 

Citation  of  Witnesses.  — 

Examining  Witnesses  each.  — 

Administring  an  Oath.  — 

Every  Order  entered  and  signed  by  the  Judge  — 

Every  Interlocutory  Decree.  — 

Definitive  Sentence  — 

REGISTERING    THE    ADMIRALTY    HIS    FEES. 

Every  Warrant.  — 

Filing  every  psiper  and  Instrument  exhibited  in  Court.  — 

Every  Citation.  — 

Every  Witness  Sworn.  — 

Reading  every  Libel  and  answer,  each.  — 
Every  Copy  of  the  proceedings  in   the  Court  each 

Copy  sheet  containing  ninety  words  — 

Entring  every  order.  — 

Every  final  sentence.  —  "       5  "     ^^ 

Entring  motions  in  Court.  —  "     —  "     6 
Interrogatories  and   Answers  per  Information  each 

Witness  interrogated.  —  "       2  "     6 
Entering  the  Return  of  every  warrant.  —  "     —  "     7i 
Copy  Appraisement  with  Schedule.  —  "       .5  "     — 
Notification  of  Sale.  —  "       1   "     3 
Exemplification  of  every  Cause  per  Copy  Sheet  —  "     —  "     7i 
Reading  the  Marshalls   return   of  every  Writ  Sum- 
mons &c:  —  "     —  "     7i- 

25 


1  " 

3 

2  " 

— 

1  " 

— 

1   " 

— 

1   " 

— 

10  " 

— 

2  " 

1   " 

— 

1   " 

— 

1   " 

— 

2  " 

6 

—  " 

7* 

« 

9 

194  COLONIAL  RECORDS. 


Drawing  and  engrossing  Testimonials  signed  by  the 
Judge  to  be  affixed  to  Exemplification  &c: 


—  "        ] 


1   "     — 

—  "       5 


u     (<     7j 


THE   KINGS   ADVOCATE    HIS    FEES. 

His  retaining  Fee. 

Taking  out  a  Warrant  for  Arrest. 

Drawing  and  engrossing  every  Libel,  Answer  Alle- 
gation, Interrogatory  or  other  Instrument  Exhib- 
ited in  Court  per  Copy  Sheet. 

Abbreviating  every  Copy  Sheet  of  Instruments  exhib- 
ited by  the  adverse  party. 

Every  motion  made  in  Court. 

Taking  out  each  Citation  for  Witnesses.  —  "        1   "     3 

His  Fees  on  arguing  any  Matter  of  Law.  —  "     10  "     — 

His  Fees  on  examination   of  Witnesses  in  ordinary 

cases  for  each  Witness.  —  "       1   "     3 

Proctors  Fees  the  same  except  retaining  Fee  to  be 
but  10'  &  on  arguing  matters  of  Law. 


2  "     6 


—  "       5 


MARSHALS    OF    THE    ADMIRALTYS    FEES 

Serving  every  Warrant  on  Land.  —  "       2  "  6 

Do :  on  Water.  —    '8  — 

Each  day  keeping  a  Vessell  in  his  Custody.  —  "  -^  5  "  — 

Serving  each  Citation.  —  "        1   "  3 
Selling  Vessels  and  Goods  and  paying  the  Money  5 
f  Cent. 

PROVOST    marshal's    FEES. 

Summoning  a  speciall  Jury.  0  "     10  "     — 

Serving  every  Writ.  —  "       6  "     — 

Returning  the  same.  —  "        1   "     6 

A  Bail  Bond.  —  "       2  "     — 

Summoning  the  Jury  and   returning  the  each  cause 

tryed.  —  "        1   "     — 

Calling  each  action.  —  "     —  "     4 

Serving  a  Subpoena  or  Rule  of  Court.  0  "       1   "     — 

An   Execution  on  the  Body  or  Goods  if  not  above 

100  Current  Money  Twelve  pence  per  pound  ;  if 

above  100  for  each  pound  above  six  pence. 
Dyet  of  White  prisoners  ^  diem  allowing  one  pound 

of  Bread  and  one  pound  of  flesh  all  wholesome 

provision.  0  "       1   "     3 


COLONIAL  RECORDS.  196 


1  " 

3 

1  " 

3 

2  " 

6 

Copy  of  a  Comitment.  —  "       1 

Waiting  on  any  person  a  habeas  corpus  each  clay.  —  "       5 

Each  person  presented  and  prosecuted.  —  "       2 

Eacli  person  acquitted  by  Proclamation.  —  "       1 
Serving  an  order  of  Council  in  Criminal  Matters  and 

not  otherwise.  —  "       5 

Comitment  of  any  person.  —  "       2 

Going  by  Water  each  mile  but  nothing  for  returning.  —  "     — 

REGISTER    OF    BIRTHS    AND    MARRIAGES. 

Registering  any  Birtii  or  Marriage.  — 

Searching  the  Registry.  — 

Every  Copy  of  the  Register  and  Certificate.  — 

ATTORNEY    GENERALS    FEES. 

His  Report  to  the  Governour  in  each  private  case 

referred  to  him  by  tlie  Governour  and  Council.  —  "     10  "     — 

Drawing  every  Capias  against  persons  endicted  and 
not  bound  over  or  against  persons  prosecuted  by 

the  Grand  Jury  or  Constables.  —  "       5  "     — 

Every  Recognizance.  —  "       5  "     — 

Drawing  every    Endictment    found    by    the    Grand 

Jury.  —  "     10  "     — 

Every  person  acquitted  by  Proclamation.  —  "       2  "     6 

Entering  a  Noli  prosequi.  1   "       0  "     0 

Attending  at  tiie  Judges  Chamber  to  take  the  Affida- 
vit of  any  person.  —  "       .5  "     — 

Drawing  every  Affidavit  each  Copy  Sheet.  —  "     —  "     7| 

Arguing    Demurrer    Exceptions  or  any  Motion    or 

Arrest  of  Judgment  1   "       0  "     — 

CLERK  OF  THE  CHURCH  OF  ENGLAND  HIS  FEES. 

Attendance  at  Funerals  0 

The  Ground  of  each  Grave  0 

Attendance  at  every  Marriage  0 

SEXTONS    FEES. 

Digging  the  Grave  — 

Ringing  the  Bell  — 

COLLECTOR    OF    THE    KINg'S    CUSTOMS    HIS  FEES. 

Entring  inwards  &  clearing  outwards  every  Vessell 
of  thirty  Tons  and   upwards  with  general  permit 

to  load  and  unload  —  "       6  "     — 


2  " 

0 

3  " 

— 

2  " 

6 

3  " 

0 

2  " 

6 

196 


COLONIAL  RECORDS. 


_  "       4  "     — 


D"  under  Thirty  tons  —  "       4  "     — 

E%'ery  new  Register  of  a  Vessell  thirty  Tons  and 

upwards  —  "       8  "     — 

D"  of  a  Vessell  under  thirty 

Granting  every  Certificate  of  Naval  Stores  or  for  a 
Certificate  for  cancelling  a  Bond  or  Cocket  for  ship- 
ping of  Goods  — 

Every  Bill  of  Stores  — 

Endorsing  the  Register  of  every  vessell  — 

Registering  the  names  and  discription  of  the  men  — 

NAVAL    OFFICERS    FEES. 

Entring  &  clearing  outwards  every  vessell  of       Tons 

and  upwards  0 

D°  under         Tons  — 

Every  Bond  for  enumerated  Commodities  — 

Granting  a  Certificate  or  Cocket.  — 

Granting  a  Certificate  to  cancell  a  Bond  given  for 

enumerated  Commodities  — 

The  Bond  of  every  vessell  entring  inwards  — 

Taking  Bond  to  obtain  a  Pass  for  people  going  out 

of  the  Country  — 

A  Ticket  for  them  that  go  off  that  are  able  to  con- 
tract Debts  — ■ 

Every  underwritten  Bond  — 

Every  underwriting  — 

THE    REGISTER   OF   THE   COURT   OF   ADMIRALTY  FOR 
PIRATES    HIS    FEES. 

The  Motion  — 

Every  Warrant  of  apprehending  — 

His  examination  in  writing  per  Copy  Sheet  — 

Examining  Informers  each  Copy  Sheet  — 

An  Order  thereon  — 

Commitment  of  Mittimus  — 

Attendance  at  Court  each  day  — 

Every  Oath  in  Court  — 

Summons  for  Witnesses  each  — 

Every  Recognizance  — 

Reading  the  Comission  of  Piracy  — 

Reading  Articles  of  Accusation  — 
Interrogatories  &   answers  '^  the  King  each  Copy 

Sheet  — 


"       2 

ti 

6 

"       2 

a 

6 

It    

a 

7| 

TRIAL 

OF 

"          1 

« 



«       2 

" 

6 

"     — 

" 

n 

"     — 

" 

n 

"     — 

" 

7| 

1 

" 

— 

"       2 

" 

6 

"     — 

(( 

7* 

"       1 

a 

— 

"       2 
"       1 

" 

6 

1 

" 



COLONIAL  RECORDS. 


197 


D°  per  Party 
Entring  the  Prisoner 

per  Copy  Sheet 
Entring  the  votes  of  the  Judges 
Drawing  the  Sentence 
Warrant  of  Execution. 


defence  what  he  iiath  to  say 


—  "     7J 


_  "       1  "     — 

—  "     —  "     7i 

—  "       2  "     6 


MARSHALLS    FEES    ON    TRYAL    OP    PIRATES. 

Each  days  Attendance. 

Execution  of  each  Criminal.  1 

Commitment.  — 

Releasement.  — 

Diet  per  Diem.  — 

THE    CLERK    OF    THE    COUNCILS    FEES. 

Drawing  Petitions,  if  drawn   by  the  Clerk  and  read 

in  Council.  1 

Reading  a  Petition.  — 

Copy  of  any  other  paper  per  Copy  Sheet.  — 

Copy  of  Orders  on  Petitions.  — 

A  Citation  or  Summons  each.  — 

Reading  any  Paper  per  Copy  Sheet.  — 

Every  Oath  in  Council.  — 

The  rough    Draught  of  all  Instruments  per   Copy 

Sheet.  — 

Attending  entring  Minutes  and  all  other  Services  not 
particularly  mentioned,  on  hearing  Caveats  enter- 
ing the  Determination  on  each  &  copy  to  the  party.  — 
Every  motion  &  order  thereon  where  there  is  a  deter- 
mination. — 
Fileing,  countersigning  &  entering  all  Grants  signed 
in  Council. 


—  "       5  "     — 


2  " 
5  " 
1   " 


THE    JUSTICES    OF    PEACE  THEIR    FEES. 

Taking  a  Deposition  in  Writing.  — 

A  Warrant.  — 

A  Summons.  — 

A  Recognizance.  — 

A  Commitment  of  a  White  person.  — 

A  Liberate  or  Discharge  for  a  White  person.  — 

A  Probate  of  any  Writing.  — 

Granting  an  attachment.  — 


2  " 

6 

2  " 

6 

-  " 

71 

2  " 

— 

1  " 

— 

-  "     7J 
1  "     — 


—  "  .7h 


"     10 
"       2 


_  "       1  "     — 


198 


COLONIAL  RECORDS. 


An  Execution. 

Hearing  a  Cause  and  giving  Judgment. 
Swearing  Appraisers  and  certifying  the  same  for  the 
whole. 

CONSTABLES    FEES. 

For  serving  a  Warrant. 
Execution. 

Poundage  per  pound. 
For  serving  a  summons. 


«  _  "  2 

u    1  «   — 


CLERK  OF  THE  COUNTY  OR  PRESENT  COURTS  PEES 


Every  Writ  and  return. 

Fileing  a  Declaration  Plea,  Replication  Demurrer  &c. 

Copying  every  Declaration  or  other  writing  per  Copy 
Sheet. 

Entering  every  order  of  Court. 

Attachment  the  same  as  a  Writ. 

Every  Subpoena  or  Summons. 

Administring  every  oath. 

Every  Search  in  the  Records. 

Reading  every  Petition,  power  of  Attorney  or  other 
Paper  in  Court. 

Writing  and  taking  every  Recognizance  in  Court. 

Acknowledgement  of  Sales  of  Land. 

Entring  up  every  Judgement  &  reading  every  Writing 
per  Copy  Sheet. 

Dismission  of  every  Suit  or  Retraxit. 

Recording  a  Mark  or  Brand. 

Entring  an  Appeal. 

Copy  of  the  Proceedings  by  him  returned  to  the  Gen- 
eral Court  each  Copy  Sheet. 

For  doing  the  precinct  or  County  business  relateing  to 
Roads  Constables  Surveyors  &c :  to  be  allowed  out 
of  the  publick  Levys  per  ann. 

ESCHEATOR   GOVERNOR'S   FEES 

For  every  Inquisition  &  return  and  all  other  Pro- 
ceedings thereon. 

SURVEYOR  general's  FEES 

For  surveying  six  hundred  and  forty  acres  of  I^and 

&  under  and  all  Fees  incident  thereto 
For  every  Hundred  acres  above  this  Tract 


"       2  "     — 

_  "     —  "     6 


" 

n 

" 

6 

u 

_ 

" 

4 

a 

6 

1  "   — 


—  "     —  "     6 
"       2  "     


"       2 


—  "  —  "  7J 

_  «  4  "  — 

_  "  1  «  — 

_  "  1  "  — 


"     71 


.3  "     —  "     — 


COLONIAL  RECORDS.  I'JiJ 


And  he  it  enacted  by  the  Authority  aforesaiil  that  if  an  Otfir^ei- or  Offi- 
cers shall  take  and  receive  for  any  hnsiness  thing  or  matter  relateing  to  his 
or  their  Office  or  Offices  more  than  hy  this  act  are  set  down  limited  or 
appointed,  or  shall  create,  make  or  take  any  other  or  new  Fee  or  Fees 
than  what  is  in  this  Act  particniarly  set  down  and  expressed,  or  shall 
multiply  Fees  and  shall  be  thereof  convicted  by  the  Oath  of  the  Person 
or  Persons  paying  the  same  he  or  they  shall  forfeit  and  pay  ten  pounds 
Proclamation  Money  for  every  Fee  or  Sum  of  Money  he  or  they  shall 
take  or  receive  contrary  to  the  true  intent  and  meaning  of  this  Act  one 
moyety  of  which  said  forfeiture  shall  be  to  his  Majesty  for  supplying 
contingent  charges  of  Government  and  the  other  moyety  to  the  party 
grieved  or  him  or  them  who  will  informe  &  sue  for  the  same  within  three 
months  after  the  Receipt  of  such  money  or  thing  to  be  sued  for  and 
received  by  Action  of  Debt  or  by  original!  Writ  Bill  plaint  or  Information 
in  any  of  the  Courts  of  Record  within  this  Province  wherein  no  wager  of 
Law  essoign  Priviledge  protection  or  any  other  Delay  shall  be  allowed  or 
admitted.  Provided  that  nothing  in  this  Act  shall  be  construed  or  taken  to 
extend  to  prevent  any  Attorneys  taking  any  larger  Fee  of  his  Client  than 
is  in  this  Act  directed.  And  be  it  further  enacted  by  the  Authority 
aforesaid  that  any  Publick  Officer  entitled  to  any  of  the  Fees  mentioned 
in  the  table  hereto  annexed  shall  within  Twenty  days  after  the  Ratifica- 
tion of  this  Act  set  up  and  constantly  keep  a  fair  Table  of  the  respective 
Fees  belonging  to  his  or  their  respective  Office,  taken  in  a  fair  and  legi- 
ble hand  in  words  at  length,  and  fix  up  the  same  in  the  most  publick 
place  of  View,  in  such  place  as  they  usually  execute  the  said  Office  upon 
the  pain  of  the  forfeiture  of  five  pounds  current  money  of  this  Province 
for  every  day  they  shall  neglect  to  set  up  or  keep  the  same  as  aforesaid, 
the  said  forfeiture  to  be  to  the  same  use  and  payable  to  the  same  persons 
and  recovered  in  the  same  manner  as  the  forfeitures  before  by  this  Act  are 
given,  ordained  or  appointed,  and  shall  also  upon  request  of  any  person 
paying  such  or  any  Fees  as  aforesaid  give  to  him  a  Ticket  or  Bills  of 
Costs,  in  which  shall  be  incerted  for  what  he  takes  such  Fees.  And  be 
it  enacted  by  the  Authority  aforesaid  that  the  Clerk  of  the  General  Court 
and  the  Clerk  of  every  respective  precinct  Court  within  this  Province 
shall  before  the  beginning  of  every  second  Court  or  Term  after  any  Ver- 
dict obtained  and  Judgment  thereon  or  any  Judgment  obtained  by  default 
or  without  record  or  cause  to  be  recorded  in  a  Book  for  that  purpose  kept 
Proceedings  in  the  said  Causes  and  the  Judgment  obtained  thereon  with 
a  proper  Index  to  the  said  Record  Book  of  the  said  Judgments,  and  shall 
also  preserve  and  keep  the  Docquett  of  every  Court  or  Term  fair  &  legi- 
ble under  the  pain  of  the  forfeit-ure  of  one .  hundred  pounds  Current 


200  COLONIAL  RECORDS. 


Money  to  be  applyed  to  for  the  uses  aforesaid  and  to  be  recovered  as  by 
this  act  is  before  directed.  And  be  it  enacted  by  the  Authority  aforesaid 
that  the  respective  Clerk  of  every  Precinct  or  County  Court  within  this 
Province  shall  keep  his  Office  in  some  convenient  place  of  the  Precinct 
or  County  where  he  is  Clerk  as  also  the  Records  of  the  said  Precinct 
Court  untill  an  Office  is  built  in  every  Precinct  for  that  Purpose  and  after 
such  Office  shall  be  built  every  Clerk  shall  attend  at  the  office  every  other 
Saturday  from  the  hours  of  9  o'  the  clock  in  the  morning  till  four  in  the 
afternoon  under  the  Penalty  of  iifty  pounds  current  money  of  this  Prov- 
ince to  be  applyed  as  aforesaid  and  recovered  as  aforesaid  And  whereas 
the  foregoing  Fees  are  computed  in  Proclamation  Money  which  is  not  at 
present  the  Currency  of  this  Province  Be  it  enacted  by  the  Authority 
aforesaid  that  the  foregoing  respective  Fees  shall  be  paid  in  the  Current 
Bills  of  this  Province  at  three  hundred  per  cent  advance  (that  is  to 
say)  for  every  shilling  Proclamation  money  fouf  shillings  of  the 
present  currency  and  so  in  proportion  for  a  greater  or  lesser  Summ  and 
shall  and  may  be  taken  b}'  the  respective  Officers  before  mentioned  and 
no  more  untill  the  Generall  Assembly  shall  think  fit  to  alter  the  same 
upon  the  rise  or  fall  of  the  exchange.  And  be  it  further  enacted  by  the 
Authority  aforesaid  that  this  Act  and  every  Clause  Matter  or  thing 
herein  contained  do  remain  and  continue  in  force  for  years  and  from 
thence  to  the  P^nd  of  the  next  Session  of  Generall  Assembly  and  no 
longer. 

Referred  to  in  Gov"'  Johnston's  letter  of  IS*  Ocf^  17;56. 

A    Bill    for  an    Act   for  ascertaining  &   regulating  Officers   Fees  & 
Officers. 

7""  October  1736.     Read  the  first  time  passed  by  order, 

PRATT  C'"  Gen"  Assembly. 

Sent  by  M"^  Lee,  M'  Turner. 

Ocf  8""  1736.     Read  in  the  Upper  house  the  first  time  &  passed 
By  order 

9""  Oct'  1736.     Read  a  second  time  &  passed  with  amendments 

By  Ord :  PRATT  C"  G.  A. 

Sent  by  M'  Powell,  M'  Lee. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21    p.  244.] 

Sir, 

Since  our  letter  to  you  of  the  o'"  of  March  last  we  have  received  one 
from  vou  of  the  5**"  December  1735  and  the  Acts  therewith  sent  relat- 


COLONIAL  RECORDS.  201 


ing  among  tilings  to  small  duties  imposed  in  North  Carolina  on  liquors 
imported  and  on  shipping  called  by  the  name  of  powder  money  but  as 
this  letter  was  not  received  till  the  10*  of  May  last  it  was  of  no  service 
to  us  in  the  report  which  we  had  made  to  Parliament  some  months  before 
and  for  which  we  had  wrote  to  you  on  the  17*  of  June  1735  for  an 
account  of  duties  &  impositions  &c. 

With  regard  to  the  Acts  of  the  Province  passed  during  tiie  time  that 
the  Charter  subsisted  you  tell  us  that  excej)t  six  of  them  none  were  ever 
ratified  as  the  Charter  directs  and  that  therefore  whenever  you  found  any 
of  them  which  encroached  upon  the  Kings  prerogative  or  the  Revenue 
you  took  advantage  of  this  defect  and  would  not  allow  them  to  be  laws 
As  you  have  not  mentioned  to  us  in  what  particular  these  Acts  were  not 
ratified  according  to  the  direction  of  the  Chartei'  We  are  at  a  loss  to 
know  what  you  mean  by  the  objection  you  raise  But  if  your  objection  is 
the  same  as  that  raised  by  M'  Smith  Chief  Justice  in  your  Province  in 
a  Memorial  he  presented  to  us  while  he  was  in  England  and  of  which 
we  seud  you  a  copy  all  that  we  can  say  to  you  at  present  is  that  his 
Memorial  lies  before  the  Attorney  and  Solicitor  General  for  their  opinion 
concerning  the  validity  of  those  laws  and  when  we  shall  receive  their 
Report  we  will  take  them  into  our  consideration  and  you  shall  hear  fur- 
ther from  us  upon  this  head. 

In  our  letter  to  you  of  the  12""  Sept  1735  W^e  desired  you  would  send 
us  a  full  description  of  the  Boundary  Line  between  South  Carolina  and 
your  Province  and  a  draught  thereof  signed  by  the  Commiss"  or  an  au- 
thentic copy  thereof  under  the  seal  but  as  we  have  not  yet  received  it  we 
must  desire  you  will  not  fail  sending  the  same  by  the  first  opportunity 
and  that  for  the  future  you  will  be  more  punctual  in  sending  to  us  such 
papers  as  we  particularly  write  to  you  for. 

We  are  glad  to  find  you  have  made  so  great  a  progress  in  the  recovery 
of  His  Maj.  Quit  Rents  in  arrear. 

Upon  the  subject  of  the  seal  of  the  late  Lords  Proprietors  which  vou 
imagined  might  yet  remain  in  the  Province  and  in  tiiat  case  be  of  bad  con- 
sequence should  it  be  privately  affixed  to  those  Quires  of  Blank  Patents 
which  you  apprehend  remain  in  the  custody  of  some  persons  in  your  Prov- 
ince sub-scribed  with  the  names  of  the  Proprietors  Council  but  not  sealed 
We  have  talked  with  Capt.  Burrington  the  late  Governor  of  North  Caro- 
lina who  has  assured  us  that  on  his  arrival  there  he  took  the  Proprietors 
seal  into  his  custody  and  kept  it  till  His  Maj.  Seal  was  sent  over  to  him 
from  hence  upon  the  receipt  of  which  he  had  transmitted  that  belonging 
to  the  late  Proprietors  to  his  Gi-ace  the  Duke  of  Newcastle  in  order  to 
26 


•2{)2  COLONIAL  RECORDS. 


its  being  defaced   by  His  Majesty    in  Council.     And   so   we   bid   you 
lieartily  farewell  and  are 

Your  very  loving  friends,  &c., 

FITZ- WALTER  AR.  CROFT, 

T.  PELHAM  R.  PLUMER 

Whitehall  November  11'"  173(3 
[To  Governor  Gabriel  Johnston.] 


[B.  P.  E.  O.  NoBTH  Carolina.  B.  T.  yoL.  10.  B.  25.] 

North  Carolina  29  November  17.36. 
My  Lords  [of  the  Board  of  Trade.] 

The  enclosed  Proposals  I  have  drawn  up  after  trying  what  could  be 
done  for  His  Majesty's  Interest  and  the  Settlement  of  the  Country  with 
two  Assemblys  and  after  considering  with  all  the  attention  I  am  capable 
of  the  state  of  the  Province  and  the  Depositions  of  its  inhabitants.  Ever 
since  the  year  1719  when  South  Carolina  rebelled  against  the  Late  Lords 
Proprietors  the  Assemblys  of  this  Colony  have  been  encroaching  upon 
the  Rights  and  Revenues  of  their  Superiours  at  home  and  the  first  Gov- 
ernour  from  the  Crown  here  did  so  entirely  neglect  everything  relating 
to  its  interests  that  the  people  are  fully  persuaded  they  may  make  as  free 
with  his  Majesty  now  as  they  did  formerly  with  the  Lords  Proprietors. 
I  doe  not  know  any  method  so  eiFeotual  to  convince  them  of  the  contrary 
as  his  Majesty's  establishing  some  such  ordei's  as  these  because  they  will 
then  see  plainly  his  Majesty  can  do  himself  Justice  without  their  assist- 
ance which  is  a  point  that  all  the  pains  I  have  taken  (which  have  not 
been  small)  has  never  yet  been  able  to  convince  them  of  and  if  there  is 
not  something  done  soon  to  shew  them  their  mistake  it  may,  nay  it  cer- 
tainly will  in  time  prove  a  very  troublesome  aftair. 

As  His  Majesty  is  Sovereign  of  the  Province  and  Proprietor  in  seven 
parts  of  eight  of  the  soil  I  do  not  apprehend  that  there  can  be  any  Ob- 
jection in  point  of  Law  against  any  thing  contained  in  these  Proposals. 
As  to  the  Laws  of  the  Country  there  are  none  of  them  (except  six  which 
dont  at  all  relate  to  these  matters)  confirmed  by  the  Board  of  Proprie- 
tors without  which  confirmation  and  it  being  declared  publickly  at  the 
next  Biennal  Assembly  the  charter  pronounces  all  Laws  void,  so  that 
tiie  King  has  all  these  Laws  in  his  Power.  Whether  your  Lordships 
will  judge  it  expedient  to  advise  his  Majesty  to  make  such  orders  is  what 


COLONIAL  RECORDS.  203 


I  must  liumhly  submit  to  your  better  judgement.  I  shall  however  give 
the  reasons  why  I  offei'ed  them  to  your  consideration  as  to  the  first  two 
r  hope  I  have  said  enough  in  mine  of  the  IG*  of  last  month  from  Eden- 
ton.  For  the  3''  I  must  observe  to  your  Lordships  that  the  people  who 
hold  land  under  tiie  late  Lords  Proprietors  are  not  obliged  by  their 
Patents  to  bring  their  Rents  to  any  certain  places  and  consequently  (as  I 
am  told  by  the  Lawyers)  the  Rents  can't  be  demanded  but  on  the  Lands 
themselves,  I  was  mightily  puzzled  with  this  difficulty  when  I  began  to 
collect  the  Quitt  Rents  for  their  habitations  are  so  scattered  and  lye  at 
such  a  distance  from  one  another  that  it  is  impossible  the  Receiver  could 
go  about  among  them  I  was  therefore  oblidged  to  take  the  Method  men- 
tioned in  this  Article  to  induce  them  to  come  to  the  court  houses  and  pay 
by  which  I  got  pretty  well  over  the  difficulty  for  that  time  But  lately 
since  M''  Burrington's  Paquets  have  come  in  this  objection  is  Trumpt 
up  again  and  instilled  into  the  minds  of  the  people  with  more  assiduity 
than  ever,  so  that  I  tiiink  it  is  become  necessary  to  have  his  Majesty's 
sanction  for  it.  In  South  Carolina  they  pay  at  three  places  only  for  the 
whole  Province,  as  to  the  latter  part  of  it  about  commodities.  It  de- 
pends upon  your  Lordships  Judgement  whetlier  they  are  to  be  allowed  to 
pay  in  any.  If  you  think  it  proper  to  indulge  them  so  far,  there  must 
be  some  Restriction  as  to  the  places  for  receiving  it.  I  believe  I  need 
not  enlarge  on  the  4*  Article  the  necesfSty  of  some  such  order  being  self 
evident  as  also  that  of  the  5"".  There  are  a  great  many  persons  satt 
down  on  Lands  who  have  never  apply'd  for  any  grant,  the  reason  they 
give  for  it  is  that  they  are  assured  by  M'  Moseley  and  the  Family  of  the 
Moores  that  the  Quitt  Rents  are  too  high  for  the  poor  people  and  that 
they  with  the  assistance  of  Mess"  Burrington  and  Wrag  will  procure  an 
abatement  at  home  and  then  it  will  be  time  enough  for  them  to  take  out 
Grants. 

In  order  to  explain  the  6*  Article  I  must  inform  your  Lordships  I 
brought  over  a  Draught  of  a  Patent  by  the  late  Attorney  General  and 
present  Lord  Chief  Justice.  But  upon  the  first  Assemblys  rejecting  the 
Quit  Rent  Law  it  was  thought  proper  In  order  to  secure  his  Majesty's 
Rights  to  make  some  Provisions  in  the  Body  of  the  Patent.  The  first 
was  that  the  Quitt  Rents  should  be  payable  at  such  places  as  the  Gov- 
ernor in  Council  should  appoint  and  this  was  to  prevent  the  Inconven- 
ience I  have  now  mentioned.  The  second  was  that  a  Doquet  of  that 
Grant  should  be  entered  with  his  Majesty's  auditor  or  his  Deputy  in  six 
months  and  the  third  this  Clause  of  Cultivation  without  these  the  Pat- 
ent was  to  be  Null  and  Void.  Experience  has  justifyed  the  Prudence 
of  the  two  first  of  tiie    Provisions,    but   tho  I  think  the  third  was  an 


204  COLONIAL  RECORDS. 


Error  on  the  right  side  it  has  been  a  vast  Hardship  on  many  poor 
Familys.  If  they  possess  500  acres  of  land  in  three  years  they  are 
oblidged  to  cutt  down  the  trees  (which  are  here  very  large  and  grow  very 
close)  of  15  acres  of  land  and  to  plant  and  fence  it  in.  I  now  plainly 
see  that  it  is  impracticable  unless  they  entirely  neglect  building  a  tollera- 
ble  house  or  raising  a  stock  of  cattle  the  want  of  either  of  which 
exposes  them  to  great  sickness  and  misery  in  a  country  where  both  the 
heat  and  the  cold  are  extreem.  There  will  in  particular  be  a  great 
demand  for  Cattle  if  so  many  Forreigners  come  into  the  Country.  It 
is  therefore  proposed  that  there  be  such  an  Alteration  as  is  expi-essed  in 
this  Article  wliich  will  equally  oblige  the  people  to  reside  on  their  lauds 
as  the  former  which  is  a  much  more  Rigid  Cultivation  than  is  required 
in  any  part  of  America.  It  was  thought  more  proper  to  apply  to  his 
Majesty  to  do  this  than  for  the  Governour  in  Council  because  Precedents 
of  any  alteration  in  form  of  Grants  ali-eady  established  ought  to  be 
avoided  as  much  as  possible.  The  Form  of  a  Patent  is  in  the  minutes 
of  Council  sent  to  your  Board. 

The  7*  Article  your  Lordships  will  find  very  reasonable  if  you  please 
to  consider  that  Edenton  is  within  thirty  miles  of  the  Virginia  line  and 
Two  hundred  miles  distant  from  Cape  Fear  where  most  of  the  Council 
have  their  Habitations  and  Newberne  is  much  nearer  the  center  of  the 
Province.  I  have  not  been  able  to  liold  above  two  Courts  of  Chancery 
since  I  came  into  the  Provin(«  upon  this  account.  If  there  is  any  Law 
confining  the  Courts  to  Edenton  it  is  more  than  I  know  but  if  there  is 
it  never  was  confirmed  by  the  Lords  Proprietors,  and  the  Pi-ovince  is  so 
much  altered  since  by  the  peopling  of  the  Southern  parts  that  it  is 
highly  proper  to  repeal  it  I  am  to  acquaint  your  Lordships  that 
Thomas  Wardroper  Esq"  late  Surveyor  General  recommended  by  your 
Lordships  as  a  fitt  person  for  a  Couucellor  is  lately  dead. 

I  am  My  Lords,  &c,  GAB  :  JOHNSTON. 

P.  S.  If  there  are  any  Patents  since  1724  confirmed  which  were  not 
preceeded  by  regular  Surveys  I  must  once  more  repeat  it,  that  it  will 
cause  very  great  confusion  in  this  Province. 

ORDERS 

Humbly  proposed  to  be  made  by  his  Majesty  in  Council  for  the  Pre- 
serving his  Majesty's  revenue.  Quieting  the  minds  of  the  Inhabitants 
in  their  Possessions  and  the  better  Regulation  of  his  Majesty's  Prov- 
ince of  North  Carolina. 

|mo  'phat  the  Biennial  Law  passed  in  the  time  of  the  late  Lord  Pro- 
prietors be  repealed,  and  no  Precinct  in  the  Pi'ovince  of  North  Carolina 


COLONIAL  RECORDS.  205 


be  allowed  to  send  more  than  two  Members  to  the  Assembly  on  any 
Pretence  whatsoever  and  that  no  Law  for  Erecting  any  new  Precinct  for 
the  fiitnre  shall  be  of  force  nntil  his  Majestys  pleasnre  is  known. 

2''.  That  in  order  to  pnt  an  end  to  all  dispntes  which  have  arisen 
about  the  validity  of  Patents  Granted  in  the  time  of  the  late  Lords  Pro- 
prietors, To  be  declared  1"°°.  That  no  patents  dated  before  the  20"* 
March  1724  shall  be  called  in  question  upon  any  Pretence  whatsoever 
by  his  Majesty,  his  heirs  or  successors  2*.  That  all  Persons  who  hold 
Lands  by  Patents  under  the  Lords  Proprietors  since  the  year  1724  if 
they  have  cultivated  or  Built  upon  the  same  shall  (notwithstanding  the 
late  Lords  Proprietors  Prohibition  to  the  Governour  aud  Council  to  dis- 
pose of  any  more  Lands)  have  them  confirmed  at  the  Q,uitt  Rents  men- 
tioned in  their  Patents  upon  proof  made  on  or  before  the  2.5  March  1738 
before  the  Governour  in  C'ouncil  that  such  Patents  were  preceeded  by 
Regular  Surveys,  if  not  regularly  survey'd  they  may  still  have  them  att 
the  Quitt  Rents  mentioned  in  his  Majesty's  Instructions.  3'*  That  no 
Patents  of  Land  dated  since  1724  which  have  never  been  cultivated  or 
built  upon  shall  be  deemed  valid  or  good  without  proof  being  made  in 
the  time  above  mentioned  of  their  having  been  preceeded  By  regular 
surveys  4"'  That  all  Patents  in  the  name  of  the  Lords  Proprietors  dated 
since  the  soil  became  vested  in  his  Majesty  be  such  as  have  culti- 

vated even  under  these  Patents  a  up  the  Lands  at  his  Majesty's 

Quitt  rents 

3*  That  in  receiving  the  rents  due  for  Lands  held  und  If  the 

receiver  is  oblidged  to  go  upon  the  lands  he  shall  take  the  said  rents  in 
Gold  and  Silver  and  in  nothing  else  but  from  each  such  as  attend  at  the 
Receipt  at  the  Court  Houses  of  the  respective  Precincts  he  shall  accept 
of  payment  in  Bills  of  Currency  of  the  Province  at  the  Exchange  as 
shall  be  settled  yearly  by  the  Governour  in  Council  and  that  he  be 
oblidged  to  accept  in  payment  of  Quitt  rents  of  Hemp  Merchantable 
and  well  dressed  at  the  rate  of  20  sh  :  per  hundred  and  Flax  well  dressed 
at  the  rate  of  30.  sh.  per :  hundred  Provided  they  are  delivered  free  of 
all  charge  at  the  following  places  viz:  Edenton  Bath,  Newbern  and  a 
place  commonly  called  Newton  on  C'ape  Fear  River  and  all  rents  for 
Lands  held  under  the  late  Ijords  Proprietors  be  paid  in  or  at  the  rat^  of 
sterling  money 

4"".  That  the  Attorney  General  shall  prosecute  with  the  utmost  severity 
in  the  Court  of  Exchequer  all  persons  who  have  or  shall  presume  to  box 
Pine  trees  or  burn  Lightwood  on  his  Majesty's  lands  and  that  on  the 
conviction  of  each  Offender  the  Receiver  General  be  ordereil  to  pay 
Twenty  pounds  currency  to  the  Informer. 


206  COLONIAL  RECORDS. 


5"".  Whereas  many  persons  have  sat  down  on  his  Majestys  Lands  and 
neglected  to  take  out  Grants  or  Patents  for  the  same.  That  all  such  per- 
sons shall  be  charged  with  the  payment  of  Qnitt  rents  from  the  time  of 
their  possessing  these  lands  and  this  Rule  to  be  observed  from  time  to 
come  and  in  case  they  shall  continue  above  the  space  of  one  year  with- 
out applying  for  a  Grant  then  the  Lands  may  be  granted  to  any  other 
person  applying  for  them. 

among  other  conditions  of  the  Grants  or  Patents  for  land  in 
Carolina.  It  is  expressly  provided  that  the  Grantee  within  after  the 
date  of  his  Grant  shall  clean  and  cultivate  at  Acres  for  every  hun- 
dred so  granted.  In  order  to  encourage  the  Inhabitants  to  build  Good  & 
sufficient  Houses  on  their  Lands  and  to  breed  and  rear  live  stock.  That 
for  the  future  the  said  Clause  of  Cultivation  shall  be  expressed  in  the 
following  Words  "  Provided  always  that  in  case  the  said  A.  B.  his  Heirs 
or  Assigns  shall  not  within  the  space  of  three  years  after  the  date  hereof 
clear  and  cultivate  according  to  the  proportion  of  three  acres  for  every 
hundred,  or  build  a  good  and  sufficient  house  or  put  and  keep  upon  the 
said  land  Five  head  of  black  cattle  and  ten  Hoggs,  and  also  &c  :  And 
that  the  same  Method  of  cultivation  shall  take  place  in  all  the  Lands 
already  granted  by  his  Majesty  and  be  reckoned  as  sufficient  as  if  ex- 
pressed in  the  Grant. 

7"".  That  as  the  holding  all  the  Courts  particularly  that  of  Chancery 
where  all  the  Members  of  his  Majesty's  Council  are  oblidged  to  attend  at 
a  Place  so  near  the  extremity  of  the  Province  as  Edenton  is  found  to  be 
by  experience  very  inconvenient.  That  for  the  future  the  Court  of  Chan- 
cery be  held  twice  each  year  Viz.  on  the  first  Tuesday  of  December  and 
first  Tuesday  in  June  at  Newbern  at  present  the  most  central  place  of 
the  Province  where  all  the  Members  of  Council  shall  be  obliged  to  attend 
under  pain  of  suspension  without  a  reasonable  excuse,  and  at  the  same 
time  and  no  other  all  Grants  for  lands  shall  be  passed  by  the  Governour 
in  Council  and  that  the  Governor  with  the  advice  and  consent  of  Coun- 
cil may  remove  the  other  Courts  to  Newbern  when  it  shall  be  judged  for 
his  Majesty's  service  or  the  good  of  the  Province  and  that  the  Offices  of 
the  Secretary  and  Surveyor  Receiver  and  Auditor  General  with  all  other 
offices  be  for  the  future  kept  in  the  said  Town  of  Newbern.  Any  Law 
Custom  or  Usage  to  the  contrary  notwithstanding. 

Additions  To  Article  S*".  There  are  14  Precincts  in  this  Province. 
Whether  your  Lordships  will  allow  the  Inhabitants  who  come  to  the 
Court  houses  of  these  Precincts  the  Liberty  of  paying  in  Bills  of  Cur- 
rency instead  of  Gold  and  Silver,  or  whether  you  will  oblige  them  to 
come  to  the  four  places  named  for  the  Receipt  of  Commodities,  in  short, 


COLONIAL  RECORDS.  207 


Wliether  the  Receipt  shall  be  in  fourteeii  or  four  different  j)lafe.s  deserves 
some  consideration.  In  South  Carolina  they  collect  only  at  Port  Royal 
Charles  Town  and  Winyaw 

Art  4"".  After  these  words — His  Majesty's  Lauds — and  all  unculti- 
vated lands  which  are  not  entered  in  the  Auditor  Generals  Office  shall 
be  looked  upon  as  his  Majesty's  Lauds. 


[B.  P.  R.  O.  NoETH  Carolina.  B.  T.  Vol.  21.  p.  252.] 

SiK, 

My  Lords  Commissioners  for  Trade  and  Plantations  command  me  to 
acknowledge  the  receipt  of  your  letter  of  the  15""  of  October  last  to 
which  their  Lordships  will  shortly  .send  you  an  Answer  In  the  mean 
time  I  am  directed  to  acquaint  you  upon  the  subject  of  the  letters  you 
inform  the  Board  that  Capt.  Burrington  has  wrote  at  the  result  of  con- 
ferences between  my  Lords  Commiss"  and  him  to  your  disadvantage  that 
their  Lordi"  are  surprised  at  Capt.  Burrington  having  taken  any  liberty 
of  that  kind  and  also  to  assure  you  that  he  has  had  no  reason  for  so 
doing  from  anything  that  ever  pa.s.sed  between  the  Board  and  him. 

I  am  Sir,  &c.,  ALURED  POPPLE 

Wliitehall  December  20'"  1736 

[To  Gov.  Gabriel  Johnston.] 


[B.  P.  R.  O    North  Carolina.  B.  T.  Vol.  9.  A.  72.] 

An  Account  of  the  charge  of  laying  out  Land  in  North  Carolina  and 
The  Bounds  of  the  Tract  desired  by  M'  Jenner  &  the  Swiss. 

[Received  from  Capt.  Burrington] 
Governour's  fees  for  the  Rights  of  400  Acres, 
Secretarys  Fee  for  a  Warrant 
Secretarys  Fee  for  a  Patent 
Surveyors  Fees  for  Certificate  and  Entry 
Surveyors  Fee  for  surveying 

3  "  12  "  10 
M'  Jenner  Agent  for  the  Switzers  that  desire  to  settle  in  North  Caro- 
lina desires    that    the  lands   Iveing   between  Catankue  Creek  and   the 


£ 

s 

d 

1   ' 

'     0  " 

0 

1   ' 

'     5  " 

0 

0  ' 

'  10  " 

0 

0  ' 

'     4  " 

6 

1  ' 

'  13  " 

4 

208  ■  COLONIAJ.  RECORDS. 


North  East  branch  of  Cape  Fear  River  by  two  lines  run  between  the 
head  of  that  Creek  and  the  place  where  it  falls  into  Neus  River,  the 
nearest  way  to  the  North  East  Branch  of  Cape  Fear  River;  may  be 
allotted  to  them  and  erected  into  a  New  Precinct,  when  five  luindred 
Switzers  are  settled  therein. 

The  Governor's  Fee  is  2'  6''  every  fifty  Acres. 

The  above  mentioned  Fees  excepting  the  Governor's  Fee  are  what 
is  demanded  upon  the  setting  out  640  acres  and  for  every  640  acres  the 
same  Fees  are  repeated,  altho  by  Act  of  Assembly  the  Surveyors  can 
demand  but  2  sh :  ^  hundred  after  the  first  640. 


[B.  P.  R.  O.  Am:  and  W.  Ind:  Vol.  23.  p.  589.] 

May  it  please  your  Grace 

Your  Grace  having  ordered  M'  Brodie  to  leave  at  your  office  a  memo- 
randum of  the  nature  &  value  of  the  office  of  Escheator  of  North  Caro- 
lina, I  presume  to  inform  your  Grace  that  the  Escheator  is  an  officer 
of  the  Crown  who  upon  a  writt  of  Escheat  directed  to  him  is  to  sum- 
mon a  Jury,  and  make  return  into  the  Court  of  Exchequer,  that  they 
have  found  such  Lands  to  have  escheated  to  y'  King;  for  which  he 
receives  a  fee  of  ten  shillings,  so  that  the  yearly  income  of  that  office 
cannot  amount  to  forty  pounds  per  annum  which  is  humbly  submitted  to 
Your  Grace  by.  Your  Grace's  most,  &c., 

ROBERT  DUNBAR 

[To  the  Duke  of  Newcastle.] 


[B.  P.  R.  O.  Am:  and  W.  Ind:  Voi,.  23.  p.  588.] 

North  Carolina  Employments. 

Chief  Justice — Will"  Smith  ;  M'  Veniey,  M' Longuevilie,  M' Scrope. 

Secr^  &  Clerk  of  the  Crown—Nath'  Rice,  Col°  Bladen. 

Attorney  General — James  Montgomerie,  M"'  Gould 

Provost  Marshall  &  Commi.ssary — Daniel  Germain,  Earl  of  Essex 


COLONIAL  RECORDS.  2W 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  46.  p.  5.] 

BOARD  OF  TRADE  JOURNALS. 

Thursday  Jan'^  22°''  173f. 
Present  Earl  Fitz-Walter  M'  Pelham,  M'  A.she,  Sir  O.  Bridgeman 
M'  Pliimer  Sir  Ar.  Croft,  Col.  Bladen.  North  Carolina,  Capt.  Bur- 
rington  M'  Jenner  agent  from  the  Swiss  A  proposal  from  him  for 
settling  several  Swiss  families  in  North  Carolina  was  read — his  deputa- 
tion from  the  Switzers  read — proposes  about  6000  to  settle  there  and  to 
carry  them  over  at  their  own  expense — They  are  to  attend  again  next 
Thursday. 

[Page  8.] 

Thursday  Jan'^  29'"  173f. 

North  Carolina,  Capt.  Burrington  M'  Jenner  Proposals  of  M'  Jenner 
read  22''  inst  to  settle  6000  Swiss  in  North  Carolina  again  eonsider'd 
says  that  after  the  first  ten  years  they  are  willing  to  pay  the  usual  Quit 
rent  of  four  shillings  per  100  Acres.  Burrington  gives  in  a  description 
of  the  tract  desired  by  the  Swiss  and  an  account  of  the  charge  of  laying 
out  land  in  North  Carolina  which  was  read. 

To  be  further  considered  this  day  fortnight 

fPagelO.J 

Friday  February  6'"  173f. 
Order  of  Com.  referring  M'Culloh's  petition  for  two  tracts  of  laud 
amounting  to  1.32,000  Acres  was  read 

To  be  further  considered  next  Thursday  and  M'Culloh  to  attend. 

[Page  12.] 

Tiiursday  February  12"'  173|. 

N.  Carolina.  M''  M°Culloh  IVP  John  Sharpe — presents  proposals  tor 
making  his  settlement  according  to  his  petition  read  the  6""  inst  was  read. 

Order'd  to  lay  before  the  Board  as  good  a  Draft  of  the  two  Tracts  he 
desires  as  he  can  possibly  get. 

M'  Jenner  Agent  of  the  Swiss,  M'  Ocks  Capt.  Burrington  delivers 
from  the  Swiss  a  Memorial  desiring  to  be  settled  nearer  the  Mountains 
tlian  what  is  described  in  their  Proposal  read  22*  ulf  was  read  They  do 
agree  to  pay  four  shillings  Proclamation  Money  for  every  100  Acres  for 
all  the  land  that  shall  be  taken   up. 

27 


210  COLONIAL  RECORDS. 


[Page  14.  J 

Tuesday  February  17"-  173|. 
M'  M°Culloh,  M'  John  Sliarpe,  presents  his  Draught  of  the  land   he 
petitions  for,  order'd  to  be  prepar'd  the  12*  inst.     Order'd  a  copy  of 
M'Culloh's  petition  &  of  the  above  Draft  be  sent  to  the  Govern'  for  his 
observations 

But  upon  further  consideration  the  Board  resolved  not  to  send  the 
petition  to  the  Governor  but  to  reconsider  it  again  next  Tuesday. 

[Page  17.J 

Tuesday  February  24"  173f 
Ordered  that  Capt.  Burrington  and  the  Swiss  who  were  to  attend  to- 
morrow be  deferr'd  till  Tuesday  next 

[Page  17.  J 

Tuesday  February  24'"  173f. 
Mr.  McCulloh's  petition  read  the  B""  inst.  praying  for  two  Tracts  of 
land  again  considered,     He  agrees  to  pay  the  Quit  rent  of  four  shillings 
per  hundred  acres  after  the  first  ten  years  and  to  pay  Quit  rent  for  the 
whole  tract  or  forfeit  the  whole 

Ordered  the  Draught  of  a  Report  to  be  prepar'd  in  favor  of  the  peti- 
tioner. 

[Page  18.] 

Thursday  February  26*  173|. 
Draught  of  Report   upon  M"^  McCulloh's  petition  of  land  order'd  to 
be  prepar'd  the  24*  inst  was  agreed  to — &  signed  2"  March. 

[Page  19.  J 

Friday  February  27"-  173f. 

Capt.  Burrington,  W.  Jenner,  M'  Ocks  Proposals  from  W.  Jenner  for 
settling  6000  Swiss  read  22''  Ult.  again  consider'd. 

Ordered  that  a  copy  thereof  be  sent  to  the  Governor  of  North  Caro- 
lina for  his  observations  upon  it. 

Ordered  tliat  the  seven  proposals  in  Mr.  .Tenner's  above  paper  be  tran- 
scribed witli  such  observations  as  have  occurred  to  the  Board  thereon  in 
order  to  be  communicated  to  the  Swiss  for  their  Answer. 

[Page  20. J 

Tue.sday  March  2''M73|. 
M'  Jenner's  Proposal  for  settling  the  6000  Swiss  mention'd   in   the 
minutes  of  the  last  Meeting  was  again  consider'd. 


COLONIAL  RECORDS.  211 


fPage  26.  J 

Friday  Marcli  12'"  173f. 

Letter  from  Capt.  Bnrrington  about  the  Swiss  Settlement  mentioiiM 
in  the  Minutes  of  the  2''  inst.  was  read. 

Memorial  from  Jenner  in  behalf  of  the  Swiss  in  answer  to  the  paper 
of  Observations  upon  their  seven  proposals  given  to  Jenner  the  2''  inst. 
was  read  And  upon  talking  with  them  upon  the  subject  they  agreed  to 
the  several  amendments  wrote  in  the  margin  in  M'  Popple's  hand  M' 
Jenner  and  M'"  Ocks  were  then  desir'd  to  attend  again  next  Tuesday. 

1  Page  37.] 

Tuesday  March  16'"  173f. 

M'  Jenner,  M'  Ocks,  Capt.  Burrington  The  Board  consider  Mr.  Jen- 
ner's  Memorial  upon  the  settlement  of  the  6000  Swiss  read  at  the  last 
Meeting. 

M'  Ocks  presents  to  the  Board  the  extract  of  a  letter  from  Switzerland 
upon  the  same  subject — was  read  The  letter  for  inclosing  a  copy  of  Jen- 
ner's  proposal  to  the  Governor  of  N.  Carolina  order'd  to  be  prepar'tl 
the  27"'  ult.  was  agreed  to  and  order'd  to  be  transcribed. 

[Page  31.1 

Ttiesday  March  23'"  173f. 
M'  Jenner  desires  the  Board  will  report  upon  the  petition  for  .settling 
the  6000  Swiss  niention'd  the  16""  inst.  And  the  Board  taking  his  peti- 
tion mention'd  in  the  Minutes  of  the  16""  inst.  into  consideration  gave 
directions  that  M'  Jenner  should  attend  the  Board  again  tomorrow 
morn^. 

[Page  33.] 

Wedne.sdav  March  24'"  173|. 
M'  Jenner  Capt  Burrington  M'  Ocks     Upon  talking  with  them  con- 
cerning the  quantity  of  land  to  be  granted  to  them  they  agreed  to  ask 
no  more  than   1000  acres  for  a  gentleman  who  should   keep  three  men 
.servants  and  400  acres  only  for  a  common  man  or  peasant  &  his  family 

[Page  37.  J 

Wednesday  March  3P'  1736. 
The  Board  taking  into  consideration  the  Draught  of  a  Report  order'd 
to  be  prepared  upon  M"'  Jenner's  Proposal  for  settling  the  6000  Swiss  in 
North  Carolina  mentioned  in  the  Miiuites  of  the  24""  in.st.  made  a  pro- 
gress therein  and  order'd  that  M'  Jenner  &  M'  Ocks  be  directed  to  attend 
thereupon  on  Friday  morning  next. 


•212  COLONIAL  RECORDS. 


[Page  39.1 

Friday  April  2-"'  1736. 
M'  Jenner  M'  Ocks  These  gentlemen  being  asked  what  numbers  of 
Foreign  Protestants  they  proposed  to  carry  over  to  the  proposed  settle- 
ment in  North  Carolina  according  to  their  Proposals  mentioned  in  the 
Minutes  of  31"  ult"  they  said  they  proposed  to  carry  over  thither  6000 
people  within  ten  years  but  that  at  first  they  thought  that  200  persons 
were  sufficient  that  there  might  not  be  a  scarcity  of  provisions.  The 
Board  then  took  into  further  consideration  the  Draft  of  a  Report  upon 
the  above  Proposals  and  made  a  progress  therein. 

[Page  51.  J 

Tuesday  May  4'"  1736. 
Petition  of  Capt.  Burrington  that  the  Journals  of  Council  and  As- 
sembly whilst  he  was  Governor  there  may  be  delivered  to  him  whil.st  his 
petition  to  the  King  is  depending  before  the  Committee  of  Council  was 
read  It  is  ordered  that  he  may  have  leave  to  inspect  the  said  Journals 
in  this  Office  and  make  Extracts  from  them  but  that  they  be  not  deliv* 
to  him  out  of  the  Office. 

[Page  53.] 

Wednesday  May  5'"  1736. 
Tlie  Board  took  into  consideration  the  Di'*'  of  a  Report  mention'd  in 
the  Minutes  of  the  2''  Ult"  upon  M'  Jenner's  Proposal  for  settling  600 
[6000]  Swiss  in  North  Carolina  and  made  a  progress  therein — and  was 
agreed  to  May  6""  and  signed  on  May  7"" 

[Page  71.] 

Wednesday  June  9'"  1736. 

Order  of  the  Com"'  referred  to  the  Board  a  petition  from  M'  Crimble 
desiring  to  make  a  settlement  of  six  thousand  Foreign  Protestants  in 
North  Carolina  was  read — to  be  further  considered. 

[Page  92.] 

Tuesday  June  22'*  1736. 

Eight  copies  of  Orders  of  Council  were  read,  including  the  following 
Viz: 

Order  in  Council  of  29""  April  1736  ordering  two  tracts  of  land  to 
be  surveyed  and  laid  out  for  M'  M'Culloh  in  North  Carolina  of  72,000 
and  60,000  acres. 

Order  in  Council  of  29""  April  1736  approving  a  Representation  of 
this  Board  and  a  Report  of  the  Lords  of  the  Committee  of  Council  in 
favor  of  M'  M°Culloh's  petition  for  132,000  acres  of  laud  in  North 
Carolina. 

Order  in  Council   of  21"  May  1736   dismissing  Capt.  Burrington's 

petition. 


COLONIAL  RECORDS.  213 


[Page  113.] 

Wednesday  Sept'  ITj'"  1736 
Order  of  Com :  read  9""  June  last  witli  M'  Crimble's  petition  for  set- 
tling 6000  Foreign  Protestants  was  again  read  as  also  M'  Crimble's  pro- 
posals for  carrying  on  the  said  settlement  now  laid  l)efore  the  Board. 

M'  Hiiey,  M''  Joseph  Sharpe  on  behalf  of  M'  Crimble  says  that  there 
are  numbers  of  Foreign  Protestants  now  ready  to  go  over  They  present 
a  Map  of  North  Carolina  The  Board  agree  to  consider  further  of  the 
proposal  at  another  opportunity 

[Page  116.] 

Wednesday  September  22'  1736. 

Letter  from  M"'  Huey  with  his  remarks  upon  the  .settlement  proposed 
to  be  made  by  him  and  M'  Crimble  mention'd  in  the  Minutes  of  the  IS"" 
inst.  and  upon  the  settlement  propos'd  by  M'  Wragg  mention'd  in  the 
Minutes  of  the  IB""  in.st.  [in  So.  Carolina]  was  read  And  M''  Huey 
acquainted  the  Board  that  he  proposed  to  oblige  himself  tf)  carry  over  to 
his  Settlement  6000  persons  in  10  years,  to  allot  to  each  man  a  tract  of 
about  200  acres  and  being  asked  whether  he  was  willing  to  pay  the  Quit 
Rent  when  it  is  to  commence  here  in  this  Kingdom  he  said  there  were 
other  gentlemen  concerned  in  his  undertaking  but  with  regard  to  him- 
self it  was  indifferent  to  him  when  he  paid  it. 

The  Board  then  agreed  to  consider  further  thereof  at  another  oppor- 

tunit)' 

[Page  138.] 

Thursday  October  21='  1736. 

M'  Huey  desires  a  day  may  be  appointed  for  considering  his  and  M"' 
Crimble's  petition  for  .settling  some  land  in  North  Carolina  mentionetl 
in  the  Minutes  of  the  22°''  Ult"  and  next  Wetlnesday  was  appointed  for 
that  purpose 

Letter  from  M"^  Johnston,  Gov'  of  North  Carolina  dated  Dec'  5""  1733 
was  read  and  the  papers  therein  referred  to  were  laid  before  the  Board. 

Order'd  that  the  Acts  mention'd  in  the  above  letter  be  sent  to  M' 
Fane  for  his  opinion  thereon  in  point  of  law. 

[Page  130.  J 

Friday  October  22""'  1736. 
The  Board  upon  reconsidering  that  part  of  the  Gov'  of  North  Caro- 
lina's letter  read  yesterday  which  relates  to  the  late  Proprietor's  .seal 
Ordered  that  letters  should  be  wrote  to  Capt.  Burrington  late  Gov'  of 
that  Province  and  M'  Shelton  Secretary  to  the  late  Lords  Proprietors  to 
know  what  was  done  with  the  said  seal 


214  COLONIAL  RECORDS. 


The  Secretaiy  likewise  laid  before  the  Board  the  copy  of  a  letter  he 
had  received  from  Capt.  Burriiigton  to  the  Commiss"  of  the  Customs 
concerning  some  regulations  that  may  be  made  in  North  Carolina  for  the 
advantage  of  the  revenue  of  that  Province  and  the  same  was  read 

[Page  133.  J 

Tuesday  October  26"'  1736. 
Capt.  Burrington  the  late  Gov'^  attending  as  desired  the  22''  inst. 
acquainted  the  Board  that  when  he  arrived  in  that  government  he  took 
the  Proprietors  Seal  into  his  possession  and  not  having  the  King's  Seal 
till  some  months  after  he  was  obliged  to  use  the  Proprietors  seal  at  first 
but  when  that  arrived  he  transmitted  the  Proprietors  Seal  to  the  Duke 
of  Newcastle  one  of  the  King's  Secretaries  of  State 

[Page  135.] 

Wednesday  October  27'"  1736. 
The  Board  take  again  into  consideration  M"'  Crimble's  petition  for  a, 
tract  of  land  in  North  Carolina  read  9""  June  last  and  his  Proposals  read 
1 S*  Sepf  last  as  also  a  letter  from  M'  Huey  with  his  remarks  upon  Pro- 
posals for  settling  land  there  read  22'*  of  the  same  mouth  and  a  letter 
from  M"'  Huey  relating  to  a  Proposal  for  Paying  the  Quit  Rent  here  was 
now  read  The  Board  after  some  discourse  with  M'  Huey  and  M' 
M°Culloh  who  appeared  for  M''  Crimble  agreed  to  consider  further  of 
this  petition  at  another  opportunity 

[Page  147.  J 

Tuesday  November  9'"  1736. 
Ordered  that  the  Attorney  &  Solicitor  General  be  reminded  of  the  let- 
ter to  them  upon  the  subject  of  the  Laws  of  Nortii  Carolina  and  of  the 
Blank  Patents. 

[Page  150.J 

Thursday  November  11'"  1736. 
A  letter  to  M'  Johnston  Gov'  of  North  Carolina  in  answer  to  his  let- 
ter was  agreed  to  and  signed 

[Page  152.1 

Friday  November  12'"  1736. 

The  Board  taking  again  into  consideration  the  Order  of  the  Com. 
referring  to  the  Board  a  petition  from  M'  Crimble  &  Huey  for  a  tract  of 
land  read  the  9""  June  last,  their  Proposals  for  making  the  Settlement 
read  15'"  Sept.  last  a  letter  from  M'  Huey  upon  the  same  subject  read 
22''  of  same  month  and  another  letter  from  him  relating  to  the  Quit 
Rents  read  27'"  Ult.  gave  directions  for  preparing  the  Df  of  a  Report 
in  favor  thereof. 


COLONIAL  RECORDS.  215 


rPage  154.J 

Tuesday  Nov'"  16'"  1736. 
The  Board  take  into  consideration  the  Draft  of  a  Report  upon  the 
petition  of  Messrs.  Huey  &  Crinible  for  land  in  North  Carolina  ordered 
to  be  prepared  the  12""  inst.  and  M'  M°Cnlloh  in  behalf  of  M'  Crimble 
desiring  that  the  Tract  to  be  laid  out  for  the  Pet"  might  be  divided  in  so 
many  tracts  as  there  should  be  Associates  and  that  each  Associate  sh'' 
answer  only  for  his  own  Tract,  if  improved  because  another  Associate 
had  not  improved  his  particular  tract  Their  Lordships  directed  him  to 
put  this  additional  proposal  in  writing  and  lay  the  same  before  the  Board 
And  in  the  meantime  the  Board  agreed  to  postpone  the  consideration  of 
this  affair. 

rPage  156.  J 

Wednesday  Nov'  17*  1736. 

M''  Huey  and  M'  McCulloh  who  attended  the  Board  yesterday  upon 
the  subject  of  the  petition  of  Crimble  and  Huey  for  land  in  No.  Caro- 
lina attending  again  M"'  Huey  presented  a  Memorial  which  was  read 
containing  some  proposals  for  making  that  settlement  And  upon  some 
discourse  with  them  upon  the  subject  the  following  terms  were  agreed  to. 

That  12  Tracts  of  100,000  Acres  each  may  be  set  out  but  not  to  be 
at  a  greater  distance  from  each  other  than  ten  miles. 

That  the  Surveyor  do  lay  out  the  said  Tracts  and  at  the  same  time 
subdivide  them  into  smaller  tracts  of  1 2000  Acres  each. 

That  upon  the  return  of  the  Surveys  they  will  name  to  the  Governor 
those  who  are  to  have  the  Grants  thereof. 

That  they  will  be  at  the  whole  charge  and  pay  the  Quit  Rents  at  the 
expiration  of  ten  years  from  the  date  of  their  Grants. 

That  the  said  Grants  be  made  by  the  Governor  immediately  upon  the 
return  of  the  Surveys. 

[Page  157.  J 

Thursday  November  18*  1736. 
The  Draft  of  the  Report  upon   the  petition   of  Messrs.  Crimble  & 
Huey  mentioned   in  the  Minutes  of  tiie  16""  Inst,  desiring  to  make  a 
settlement  of  6,000  Swiss  was  agreed  to  &  signed  24"". 

[Page  188.1 

Friday  December  17*  1736. 
Letter  from  M'  Johnston  Gov"'  of  North  Carolina  dated  IS*  Oct'  last 
with  two  papers,  was  read  And  the  Board  agreed  to  consider  further 
thereof  And  in  the  meantime  Ordered  that  the  Secretary  do  acknowl- 
edge the  receipt  of  M'  Johnston's  above  letter  and  acquaint  him  that 
Capt  Burrington  has  had  no  reason  to  write  what  he  has  suggested 
against  M'  Johnston  as  mentioned  in  the  above  letter  from  any  conver- 
sation at  this  Board. 


216  COLONIAL,  RECORDS. 


[Fkom  the  MSS.  Records  of  North  Carolina  Council  Joornai*.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newton  the  17  day  of  February  173|-. 
Present  His  Excellency  the  Governour 
f  Nath  Rice  Edw"  Moseley  1 

\  Rob'  Halton         Roger  Moore   / 
The  Honoble  Board   met   and  adjourned  till  tomorrow  at  2  of  the 
Clock  in  the  Afternoon. 

18""     Met  according  to  adjournment     Present    His    Excellency  the 
Governour 
Tl     H     "bl   /  •^°^''*  Halton  Edw*  Moseley  \  Esq"  Members  of  His 
I  Math  Rowan     Roger  Moore    j      Majestys  Council 

Read  the  Petitions  of  the  following  persons  praying  Patents  on  the 
following  Lands  Viz' 

Jas  Campbell  300  Bladen,  D°  640  D°,  Jno  Porter  640  N.  Hanover, 
Sam'  Swann  400  D",  D°  640  D°,  Jn°  Porter  640  N.  Hanover,  James 
Simes  160  Bladen,  Jno  Clayton  600  D°,  Jas.  Simes  200  D° 

Ordered  that  the  Patents  issue  accordingly. 

N.  B. — These  were  granted  of  20  of  this  month  as  by  Indorsement 
on  the  Petitions. 

Thursday  the  1  St'"  day  of  Februai-y  1 73f     Present  His  Excellency  the 
Governour 
rp,     TT     -11,  (  Rob'  Halton     Roger  Moore        1  Esq"  Mem"  of  His 
" '*'    *^  \  Math  Rowan     Edward  Moseley  J     Majestys  Council 

Ordered  That  M'  William  Gray  in  the  absence  of  The  Surveyor  Gen- 
eral do  demand  of  the  several  Deputy  Surveyors  all  such  Warrants  as 
have  been  to  them  direc-tcd  by  the  Surveyor  General  which  have  been 
executed  with  the  respective  Plats  and  that  he  return  all  such  Warrants 
unto  the  Secretary. 

Onlered  that  for  the  future  transfcrrs  of  Warrants  shall  l>e  allowed  of 
and  that  no  Patent  issue  in  »'onse(|uence  of  such  Warrants 

Fryday  the  20""  February  173f     Present  as  before 

The  Honoble  Edward  Moseley  Elsq"'  one  of  the  Members  of  this  Board 
represented  to  his  Excellency  that  the  exceeding  bad  weather  this  Winter 
with  the  great  number  of  Warrants  with  [in]  the  Deputy  Surveyors  hands 
had  rendered  it  impossible  for  them  to  make  return  of  said  Warrants 
witliin  the  time  Limited  by  this  Honoble  Board  at  their  last  sitting  in 

Kcwtoll. 


COLONIAL  RECORDS.  217 


It  is  therefore  con.siclered  and  ordered  tliat  a  further  time  he  given  for 
the  return  of  such  Warrants  as  have  been  granted  by  his  Pjxeellency 
Gabriel  Johnston  Esq'  and  are  now  in  the  hands  of  the  Deputy  Sur- 
veyors Yiz'  to  the  10  of  June  next. 

Read  the  Petition  of  Thomas  Mace  for  320  Acres  of  Land  on  Dutchen 
Creek  Whereupon  Joseph  Slielburn  appeared  before  this  Board  and 
prayed  that  tlie  said  Maces  petition  might  not  be  granted  for  that  he 
apprehended  he  had  run  into  iiis  Land. 

Whereupon  it  is  considered  and  Ordered  and  it  is  hereby  directed  tiiat 
the  Surveyor  General  resurvey  the  Lands  of  the  aforesaid  Shelburn  and 
Mace  and  that  he  report  his  doings  thereon  to  the  next  Court. 

Note — Sundry  Petitions  granted  this  day  are  thro'  mistake  j)ut  under 
the  18'"  day  of  Feb^  17.3| 

Saturday  February  the  20'"  [2P']  173f 

James  Innes  Esq'  informed  this  Board  that  he  had  his  Excellency's 
Warrant  for  400'°  of  land  lying  between  the  Lands  of  John  M°Knights 
and  being  unwilling  to  interfere  with  the  Lands  of  the  aforesaid 
M°Knights  prays  a  resurvey  of  the  aforesaid  M^Knights  upper  and 
middle  Bluff  Lands. 

Ordered  that  the  Surveyor  General  do  resurvey  the  aforesaid  Lands 
and  make  report  of  his  doings  thereon  to  the  next  Court 

Read  the  Petitions  of  the  following  Persons  setting  forth  that  they 
had  obtained  Land  Warrants  which  has  been  duly  Executed  and  returned 
and  praying  Patents  for  the  same  viz' 

Hugh  Campbel  640  Bladen,  Will"  James  400  D",  Jn"  Swann  400  N. 
Hanover,  Phil  Hanson  320  Bladen,  Thos.  Gillet  140  D°,  Gray  & 
French  640  D°,  Arch  Niciiolas  580  N.  Hanover,  William  Gray  600 
Bladen,  Evan  Ellis  160  D",  Rich"  Lindy  120  N.  Hanover,  Evan  Thomas 
400  Bladen,  Thos  Devan  400  N.  Hanover,  Jno  Bell  640  D°,  Jas  Trotter 
640  D°,  Stephen  Motte  640  D°,  Edward  Hynne  640  D°,  Joshua 
(iabourel  1920  N.  Hanover,  Job  How  560  Bladen,  Jos  Morgan  640 
Carteret,  Alex  Legg  350  Bladen,  Thos  Robinson  130  Bladen,  Sampson 
Wood  350  D°,  James  Espy  640  D°,  George  Ackland  160  D°,  Joseph 
Hall  640  Onslow,  Thos  Leek  250  Bladen,  W"  Small  320  D",  Hannah 
Winning  350  D°,  Rich"  Lovel  640  Onslow,  Edw"  Hyrne  640  N.  Han- 
over, Eliz  Hill  323  Bladen,  D°  423  D°,  Nath  Piatt  350  Bladen,  Evan 
Ellis  450  D",  Will  Lewis  640  N.  Hanover,  Benj'  Sowl  50  Bladen,  Jacob 
Moore  640  N.  Hanover,  Jno  Bell  640  D°,  James  Espy  100  D°,  Job  How 
300  Bladen,  Jos  Meredith  150  N.  Hanover,  Eph.  Owen  130  Bladen, 
Jos  Pye  100  D°,  Agnes  Robinson  640  X.  Hanover,  Jos  Bigfurd  150  D", 
28 


218  COLONIAL  RECORDS. 


D"  320  D°,  Juo  Daviis  500  Bladen,  Jos  Meredith  150  N.  Hanover,  Benj 
Sowl  100  Bladen,  Jno  Linsconili  640  N.  Hanover,  Jno  Sol  O^den  640 
D°,  W"  Norton  640  Bladen,  David  Burchard  500  N.  Hanover,  George 
Ronald  300  Bladen,  Chas  Hepbnrn  300  D°,  Roger  Moore  2  tracts  640 
each  Acres  N.  Hanover  in  trust  for  Mr  Ashes  Heirs,  D°  2  tracts  400  each 
as  heir  to  Edward  Smith,  Robert  Halton  175  N.  Hanover,  Archibald 
Nicols  640  D",  John  Swann  300  N.  Hanover,  Saml  Bointram  350  D°, 
Jno  Cook  640  Bladen,  Thos  Devarn  300  N.  Hanover,  Jonathan  Calkins 
1100  D",  Jos  Morgan  640  Onslow,  Thos  Lock  640  Bladen,  Jas  Hasell 
300  N.  Hanover,  Jno  Larkins  640  Bladen,  Caleb  Copland  640  N.  Han- 
over, Agatha  Blaning  320  N.  Hanover,  Hugh  Blaning  320  D°,  Sara 
Rooden  640  Bladen     Granted 

Then  the  Court  adjourned  [to]  the  2''  Tuesday  in  May  next 


At  a  Council  held  at  Newton  the  lO""  May  1736 

Present  His  Excellency  the  Governour 

(  Nath  Rice         "|     Esq"  Members 
The  Hon6ble<  Eleazer  Allen    >  of  His 

(  Math  Rowan    j  Majestys  Council 

Read  the  Petition  of  Richard  Hellier  praying  a  Patent  for  350  Acres 
of  Land  survey  returned.     Granted. 

Ordered  that  a  Court  of  Oyer  and  Terminer  be  held  at  Newton  the 
eighth  day  of  June  next  following  by  W™  Smith  Esq  Ch.  Justice  and 
Nath  Rice  and  Eleaz'  Allen  Esq"  Assistant  Justices  and  that  a  Commis- 
sion pass  the  Seal  for  that  purpose 

Ordered  That  a  Coniniission  pass  the  Seal  constituting  and  appointing 
Nath  Rice,  Robt  Halton  Eleazer  Allen  Mathew  Rowan  Roger  Moore 
James  Innes  Edw''  Hyrne  Josh  Gabourel  W™  Forbes  Sam  Johnston 
Rusli  Watts  John  Davis  Esq"'  Justices  of  the  peace  for  the  precinct  of 
New  Hanover  to  sit  at  the  usual  times  the  four  last  in  the  room  of  David 
Evans  who  declines  and  Thos  Clifford,  Jolin  Swann  and  Job  How 
removed  for  permitting  and  encouraging  Mr  Saml  Swann  to  ])lea<l  as  an 
Attorney  before  the  Court  without  a  Licence  in  contempt  of  an  autlioritv 
being  contrary  to  an  express  clause  of  the  Commission. 


At  a  Council  held  at  Newton  the  le""  day  of  June  1736 
Present  His  Excellency  the  Governour 
(  W"  Smith  Math  Rowan    )     Esq"  Members 

The  Hon6b!e<^  Nath  Rice  Edw*  Moseley  V  of  His 

(  Rob'  Halton        Roger  Moore    j  Majestys  Council 
Read  the  Petitions  of  Sundry  Persons  for  Patents  Surveys  returned 
Viz' 


COLONIAL  RECORDS.  2Ui 


W"  Siiiitli  lOOO'"  Craven,  Jno  Davis  320  D°,  Jnu  Sniitli  22«J  IMadeii, 
Henry  Lewis  100  D",  Edw''  Davis  300  N.  Hanover,  George  Bishop  500 
D°,  Jos  Clarck  500  Bladen,  Nath  Rice  300  N.  Hanover,  D"  200  D",  Jnu 
Wehsters  208  Carteret,  Jno  Lamb  350  N.  Hanover,  D"  550  D°,  Jno 
Brown  160  Bladen,  Jno  Cook  320  N.  Hanover,  Jim  Clansey  300  Onslow, 
Jas  Carver  300  Bladen,  Thos  Fuilwood  640  Onslow     Granted 

N.  B. — the  same  with  291  granted  the  19""  following 

Read  the  Petition  of  Joshua  Gabourel  in  behalf  of  Clement  Machon 
praying  a  Patent  for  510  Acres  of  Land  in  New  Hanover  precinct  known 
by  the  name  of  Patridges  Bluff 

Ordered  that  a  patent  issue  lor  the  said  Laud  in  the  name  of  the  said 
Gabourel  in  trust  for  the  Heirs  of  Moses  Machon 

Read  the  petition  of  Jno  Perry  for  600'°  fronting  New  Topsail  Sound 
Col :  Moore  alledging  He  has  a  Patent  for  the  said  Land 

Ordered  that  he  produce  the  same  to  the  Secretary  in  two  months 
otherwise  a  Patent  to  issue  to  the  said  Perry 

The  17""  of  June  1736     Present  as  before 

Read  the  Petitions  of  Sundry  Persons  for  patents  Surveys  returned 
Viz' 

E  Aliens  750  N.  Hanover,  Nic"  Bryan  327  Carteret,  Jos  Howard  640 
Onslow,  Phin  Stevens  500  D°,  Jno  Dairs  300  Bladen,  C.  Metcalf  400 
Craven,  Thos  Rowan  320  Bladen,  Laz  Turner  640  Craven,  Mich.  Clark 
500  Onslow,  Rich"  Whitehurst  636  D°,  Francis  Thomas  350  Bladen, 
Mich  Clark  400  Onslow,  D"  320  Ditto,  Dan  Shines  200  Craven,  Tull 
Williams  (Granted  to  R"  Saunders)  250  D°,  Sam  Johnston  640  Bladen, 
Alex  Nesbit  640  N.  Hanover,  Thos  Bell  500  D°,  Rees  Evans  320  N. 
Hanover,  Saml  Thos  Neal  500  D°,  Jas  Greganns  460  Onslow,  Jno  Sekip- 
per  160  Bladen,  Rees  Evans  640  N.  Hanover,  Ed*"  Marsh  640  Ditto, 
Hugh  Carapbel  640  Bladen,  Adam  Luten  640  Onslow     Granted 

Read  the  Petition  of  Peter  Boyard  for  a  tract  of  Land  on  the  N.  West 
river  which  R.  Moore  Esq'  alledging  to  be  within  a  Patent  of  his,  the 
same  is  rejected 

The  18'"  day  of  June 

Col  Moseley  representing  that  thro'  badness  of  the  weather  the  time 
limitted  for  surveying  certain  Lands  for  himself  and  Mrs  Sara  Porter 
warranted  in  the  time  of  the  late  Governour  is  elapsed  and  praving 
further  time  the  same  is  accordingly  granted  not  exceeding  three  months 

Read  sundry  Petitions  for  Patents  Surveys  returned  Viz 

Rich"  Frenchs  300  Bladen,  John  McKnights  640  Do,  Moses  Plumer 
440  Bladen,  Do  440  Ditto     Granteil 


220  COLONIAL  RECORDS. 


Read  the  Petition  of  Col  Moore  for  a  Patent  for  600°°  of  Land  on 
Bernards  Creek  snrvey  returned  The  Bounds  not  being  ascertained  in 
the  Warrant  Rejected 

Read  tiie  Petition  of  R""  Evans  for  300  Acres  on  Barnard's  Creels 
survey  returned 

Col  Moore  alledging  he  has  a  right  for  the  said  Land 

Ordered  That  He  produce  the  same  to  the  Secretary  in  two  Months 
otherwise  a  Patent  to  issue  to  the  said  Evans. 

Read  the  Petition  of  Fra.  Veal  praying  a  Patent  for  640  Acres  on 
the  S°  side  of  Old  Town  Creek  Survey  returned  Roger  Moore  Esq' 
alledging  the  same  is  already  patented 

Ordered  That  the  Patents  or  an  Authentic  Copy  thereof  be  produced 
at  this  Board  the  next  Council  otherwise  a  Patent  to  issue  to  the  said 
Veal 

Whereas  several  Persons  Petitioners  for  I^ands  Surveys  whereof  have 
been  regularly  made  and  returned  in  pursuance  of  Warrants  directed  to 
the  Surveyor  General  are  notwithstanting  prevented  from  obtaining 
Patents  compleating  their  Titles  to  such  Land  by  others  pretending  to 
have  Patents  of  a  prior  Date  to  such  Warrants  To  obviate  such  Dis- 
putes and  delay's  for  the  future  His  Excellency  is  pleased  to  declare 
by  and  with  the  advice  and  consent  of  His  Majestys  Council  That  all 
persons  so  opposing  such  Petitions  as  aforesaid  shall  be  obliged  to  pro- 
duce their  Patents  or  Authentic  Copies  thereof  at  the  time  of  making 
such  objection  otherwise  Patents  to  issue  to  the  Petitioners 

Read  the  Petition  of  Mic  Brewer  relating  to  a  contract  between  Col 
Halton  and  Him  Rejected  as  Scandalous  and  for  as  much  as  (tho'  the 
Allegations  were  true)  the  same  is  not  cognizable  by  this  Board 

Read  the  Petition  of  Cor'  Harnet  and  others  shewing  that  the  Peti- 
tioners are  possessed  of  Certain  Mill  Lands  which  by  the  terms  of  their 
respective  patents  they  are  obliged  to  cultivate  in  like  manner  and  pro- 
portion as  other  Lands  are  to  be  cultivated  altho  the  said  Lands  being 
for  the  most  Pine  Barren  are  not  capable  of  the  same  Improvements  or 
will  answer  the  Charge  of  Cultivation  Wherefore  they  humbly  pray  that 
in  lieu  of  such  Cultivation  as  is  now  required  the  Erecting  a  Saw  Mill 
(from  whence  so  great  advantage  accrues  to  this  Settlement)  may  be  de- 
clared suificient. 

Whereupon  His  Excellency  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council  was  pleased  to  declare  That  the  Erecting  a  Saw 
Mill  on  any  Lands  on  Cape  Fear  river  shall  for  the  future  be  deemed 
and  allowed  sufficient  for  saving  a  tract  of  Land  (640  Acres)  without 
other  Cultivation 


COLONIAL  RECORDS.  221 


Richard  Whiteliiirst  ami  Jiio  Williams  l)()tli  laying  Claim  to  the  ferry 
Point  at  New  River  and  the  Matter  being  fully  heard 

Ordered  That  a  resurvey  be  made  of  the  Land  formerly  granted  to 
Rich.  Graves  at  or  near  the  said  Point  and  forthwith  returned  into  the 
Secretarys  Office  and  that  the  surplusage  (if  any)  be  granted  to  the  said 
Whitehurst 


The  19*  Day  of  June  1736     Present  His  Excellency  the  Governour 
r  Will  Smith  Edward  Moseley  ^      Esq"  Members 

The  Hon6ble<  Rob'  Halton       Roger  Moore         >  of  His 

(  Math  Rowan  j    Majestys  Cou!icil 

It  being  made  [to]  appear  That  a  great  Number  of  Surveys  with  the 
respective  Warrants  returned  to  M''  Jenours  late  Surveyor  General  were 
consumed  and  lost  by  the  burning  of  the  said  Jenours  house.  His 
Excellency  taking  the  same  into  consideration  was  pleased  by  and  with 
the  advice  and  consent  of  His  Majestys  Council  to  Declare  that  all  such 
persons  as  can  produce  the  Surveys  Plot  of  the  Land  He  making  Oath 
that  the  same  is  a  true  and  genuine  Copy  provided  it  be  agreeable  to  the 
description  contained  in  the  Register  of  Warrants  belonging  to  the  Sec- 
retarys Office  shall  be'intituled  to  Grants  on  the  same 

Read  the  Petitions  of  Sundry  Persons  for  Patents  Surveys  returned 
Viz' 

Dan  Lee,  War'  to  Tho'  Clerk  400  N.  Hanover,  Jos  Sherburn  640  D°, 
Jno  Renson  350  D°,  Sara  Smith  640  N.  Hanover,  Jno  Gray  640  D°, 
Jas  Green  640  Onslow,  Jno  Hodgson  640  N.  Hanover,  Jno  Lovekin 
640  Beaufort,  Jno  Fredric  400  N.  Hanover,  Dan  Rees  200  D°,  Rich" 
Price  640  N.  Hanover,  Eleaner  Sills  160  N.  Hanover,  Jas  Hasel  210 
D°,  Timothy  Bloodworth  443  N.  Hanover,  Jno  Flaggins  500  Onslow, 
Corn'  Harnet  1500  N.  Hanover,  Evans  Jones  1280  D°,  Ebenz'  Holmes 
465  Onslow,  Jno  Marshal  600  N.  Hanover,  A.  D'Rousset  640  D°,  Jno 
Williams  640  Onslow,  William  Grey  640  N.  Hanover,  Jno  Davis  (falls 
within  M'  Montgomerys  Lines)  100  Bladen,  D°  291  D°,  David  Lee  300 
N.  Hanover,  Benj  Sallier  200  Onslow,  Ish.  Taylor  584  D°,  Jno  Wil- 
liams 640  Onslow 

Nath  Everet  for  the  Heirs  of  Edm"  Ennet  640  Onslow,  W"  Gray  & 
W"  Carter  in  trust  for  the  Grand  Child  of  Edw"  Carter  dece"  640  Ons- 
low, Lewis  Bryan  200  Craven,  Thos.  Rowan  350  N.  Hanover,  Jas  Roe  640 
Craven,  Edm"  Ennet  640  Onslow,  Math  Rowan  640  N.  Hanover,  Nath 
Everet  543  Onslow,  D°  640  D°,  Roger  Moore  640  N.  Hanover,  Thos. 
Wardroper  900  D°,  Rich"  Fare  640  Onslow,  D°  640  D",  Jno  Fare  640 
Onslow,  Rob'  Knowles  300   Bladen,   Cain  Allen   320  D°,  Rob'  Lowry 


222  COLONIAL  RECORDS. 


640  D°,  Rob'  Haltoii  400  D",  Saml  Baker  (200  returned)  900  D°,  Clirisf 
Heddleburgh  400  Onslow,  Roger  Moore  325  N.  Hanover,  D°  325  D", 
W"  Wilson  300  Craven,  Saml  Johnston  300  Craven 

Read  the  Petition  of  W"  Heritage  for  a  resurvey  of  Glovers  Land 
between  Otter  Creek  and  Hockams  Creek  on  Neuse  River     Granted 

Read  the  Petition  of  Jno  Porter  praying  a  resurvey  of  a  Tract  of 
Land  on  the  N"  E'  Branch  Cape  Fear  River  and  a  Grant  for  the  Sur- 
plusage.    Granted 

Read  the  Petition  of  Sam  Swann  praying  a  resurvey  of  the  late  Mr 
Jno  Bapt.  Ashes  Lands  and  a  Grant  of  the  Surplusage  to  his  Heirs. 
Granted 

Surveyor  General  delivered  in  Plots  of  certain  Lands  resurveyed  pur- 
suant to  an  order  of  this  Board.     Viz' 

A  Tract  of  Martin  Franks  containing  according  to  his  Patent  10175 
Acres  but  by  the  Surveyor  Generals  report  16476"°  excess  6301  The 
said  Franks  in  Sepf  last  surrendered  the  said  Patent  to  the  Governour 
in  Council  as  invalid  being  issued  after  his  Majestys  Purcha.se  as  his 
Petition  sets  forth 

Wherein  He  prays  a  new  Warrant  for  such  part  thereof  as  shall  be 
thought  convenient  which  accordingly  was  granted  for  5000'°  under 
umbrage  whereof  it  appears  by  the  aforesaid  surveys  that  the  said  Franks 
did  fraudulently  intend  to  hold  1 1301  being  the  excess  as  above  added  to 
the  said  5000'^ 

Sundry  Tracts  of  Cullen  and  George  Pollock  Esq"  and  the  Heirs  of 
the  late  Tho'  Pollock  Esq'  containing  by  Prop''  patent  12700°°  by  the 
above  returns  of  the  Survy"  13646  Excess  946 

Sundry  Tracts  of  Mr  Fred  Jones  by  patent  as  aforesaid  6735  by  the 
above  Returns  7432  Excess  727 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  21"  Day  of 
September  Anno  Dom  1736     Present  His  Excellency  the  Governour 
f  W"  Smith     Mat  Rowan  ~)     Esq"  Members 
The  Honoble^  Nat  Rice       Cull  Pollock  V  of  His 

(  Rob  Halton  j  Majestys  Council 

His  Excellency  was  pleased  to  observe  that  it  would  be  proper  to 
revoke  the   Proclamation    prohibiting   the   Exportation   of  Wheat  and 
Indian  Corn  the  Reason  thereof  now  ceasing  to  which  this  Board  assented 
Ordered  that  a  Proclamation  issue  taking  oif  the  said  Prohibition 
His  Excellency    having    nominated   Mathew   Rowan   Esq'   Surveyor 
General  of  His  Majestys  Lands  in  the  room  of  Thos  Wardroper  Esq' 
deceased  this  Honoble  Board  approve<l  thereof 
Ordei'ed  that  a  Commission  issue  accordingly 


COLONIAL  RECORDS.  22.} 


At  a  Council  lield  at  the  Council  Cluiiiiljer  in  Edenton  the  H""  day  of 
October  1 736     Present  His  Excellency  the  (rovernour 

r  W""  Smith  P^dm"  Porter    )     Esq"  Members 

The  Honoble^  Nath  Rice  Math  Rowan     V  of  His 

|_  Rob'  Halton      Edw*  Moseley  J  Majestys  Council 
His  Excellency  requiring  the  advice  of  this  Board  in  relation  to  one 
Evan  Jones  who  has  sat  down  on  certain  Lands  on  the  N°  East  branch 
of  Cape  Fear  river  without  any  Warrant  either  from  the  late  or  present 
Governour  they  are  of  Opinion  that  he  ought  to  be  Warned  off 
Ordered  that  the  said  Evan  Jones  be  warned  off  accordingly 


The  13""  Day  of  October  Anno  Domi  1736 

Present  His  Excellency  the  Governour 
C  W"  Smith        Math  Rowan    )    Esq"  Membei-s 
The  Hon6ble<^  Nath  Rice        El.  Allen  V         of  His 

(  Rob  Halton  Edw''  Moseley  j  Majestys  Council 
Read  Sundry  Petitions  for  Patents  Surveys  Returned  Viz' 
Peter  Reels  350  Craven,  George  Cummins  400  Carteret,  George  Rob- 
erts 200  Craven,  W"  Crawford  400  Onslow  (100  ret"),  A  Mabson  &  J 
Wainwright  160  Onslow,  John  Starkey  400  Carteret,  Will  Maxwell  450 
Bladen  (No  more  than  200""  ret"),  Hugh  Blaning  640  Bladen,  W"  Smith 
100  Craven,  John  Middleton  640  Onslow     Granted 


The  14'"  Day  of  October  1736     Present  His  Excellency 

(  W"  Smith  Edm"  Porter    ~|     Esq"  Members 

The  Hon6ble<  Nath  Rice  Eleaz  Allen      V  of  His 

(  Rob'  Halton      Edw"  Moseley  J  Majestys  Council 

M"'  Chief  Justice  Reported  the  case  of  a  Prisoner  named  James  Powel 
condemned  last  Sessions  for  the  Murder  of  his  wife  which  this  Board 
having  duly  weighed  and  considered  It  is  their  unanimous  Opinion  that 
the  Prosecution  of  the  said  Powel  was  wicked  and  malicious 

Ordered  therefore  that  the  said  .Tames  Powel  be  reprieved  till  his  Maj- 
estys Pleasure  be  known. 

Read  the  Memorial  of  Edmunil  Porter  Esq'  setting  forth  tiiat  His 
Excellencys  Proclamation  dated  the  2"  of  November  1734  did  require 
and  command  those  Officers  who  had  been  lately  prevented  suspended  or 
removed  from  the  Execution  of  their  Offices  to  resume  the  Functions  of 
their  respective  Commissions.  That  he  the  said  Edmund  Porter  Esq"^ 
agreeable  thereto  did  take  upon  [him]  by  Virtue  of  his  Commission  a> 
Judge  of  the  Court  of  Vice  Admiralty  here,  to  execute  the  Duties  of 
the  said  Office 


224  COLONIAL  RECORDS. 


He  therefore  prays  the  o])inion  of  this  Honoble  Boarti  wliether  he  was 
not  eomprehended  in  his  Excellencys  Proclamation. 

Whereupon  his  Excellency  was  pleased  to  declare  tiie  said  Edm*  Porter 
restored  to  his  Office  of  Judge  of  the  Vice  Admiralty  his  Suspentiou 
not  having  [been]  confirmed  or  approved  at  the  Board  of  Admiralty 
wherein  the  Council  unanimously  concurred. 

Read  the  Petition  of  George  Thenney  Esq'  praying  a  resurvey  of 
Lovick  Island  in  Roanoke  river.  Ordered  the  Surveyor  General  or  his 
Deputy  forthwith  survey  the  same. 

An  Order  of  Council  in  Gov''  Burringtons  time  forbidding  the  taking 
up  Land  within  two  miles  of  any  Saw  Mill  iiaving  been  considered  and 
no  Reason  appearing  why  the  same  should  be  continued 

It  is  the  Opinion  of  this  Board  that  the  same  should  be  no  longer 
observed  or  in  force. 

The  time  applied  for  holding  the  Court  of  Exchequer  being  near 
expired  M"'  Attorney  moved  for  another  term. 

Ordered  that  the  said  Court  be  continued  twelve  months  from  and 
after  the  expiration  of  the  time  aforesaid 

Ordered  Tliat  a  Commission  for  the  Court  of  Oyer  and  Terminer  be 
made  out  constituting  and  appointing  William  Smith  Nath  Rice  Edmund 
Porter  Eleazer  Allen  William  Downing  and  Henry  Baker  Esq"  Justices 
of  the  said  Court  to  be  held  on  the  Second  Tuesday  in  December  next. 

Ordered  that  a  Commission  of  the  Peace  be  made  out  for  Beaufort 
Precinct  constituting  and  appointing  Robert  Turner  Jno  Sneed  Simon 
Alderson  Seth  Pilkenton  William  Barrow  Abraham  Pritchard  Tho' 
Bonner  Eraiicis  Delamer,  Sam  Slade  Jno  Coldon  W"  C'arruthers  and 
Tlio'  Williams  Es(i"  Justices  of  the  said  Precincts 

Read  the  petition  of  Sr  Richard  Everard  Bar'  in  behalf  of  Dame 
Susanna  Evei'ard  Executrix  of  S'  Richard  Everard  Bart  Deceased  set- 
ting forth  that  the  Tuskarrora  Indians  are  indebted  to  the  said  Susanna 
jt!203  in  Drest  Deer  Skins  and  praying  that  they  may  be  compelled  to 
discharge  the  same     referred  to  the  Indian  Commissioners 

Oi'dered  that  a  Commission  issue  appointing  Robert  West  Esq' 

Speirs  Jno  Gray  and  Tht)s  Whitniel  (ient  C(imniissic)ners  for  Indian 
Affairs 

Ordered  that  tor  the  future  the  Indian  Traders  do  not  presume  to  trust 
or  give  any  credit  to  the  Indians  and  that  the  aforesaid  Commissioners 
take  care  to  see  this  Order  observed. 

Ordered  that  a  C(jmmission  of  the  Peace  be  made  t)ut  tor  the  Precinct 
of  Hyde  constituting  and  appointing  Sam:  Sinclair  Joseph  Tart  Colum 
Flyn  Will  Harris  \V"'  Jording  R"*  W^  Sylvester  Fors  Jarvis  Rich*  Leer- 
U  \\'"'  Martin  and  W"  Webster  Esq"  Justices  of  the  said  Precinct 


iniut 


COLONIAL  KECOKDS.  225 


The  15*  October  1736     Present  as  before 

Read  the  Petition  of  Cullen  Pollock  and  Rob' West  Esq"' setting  forth 
that  David  Henderson  deceased  bequeathed  his  Estate  to  George  Hen- 
derson of  this  Province  and  six  other  Persons  in  sliare  and  share 
alike.  That  the  said  George  Henderson  hath  got  the  whole  Estate  into 
his  hands  the  said  Petitioners  praying  that  the  said  George  Henderson 
may  be  compelled  to  deliver  the  six  shares  aforesaid  to  them 

Ordered  that  the  said  George  Henderson  deliver  such  part  of  the 
Testators  Estate  as  belongs  to  the  six  Absent  Legatees  with  tiie  Papers 
relating  thereto  to  the  petitioners 

This  Board  taking  into  consideration  tlie  difference  between  sterling 
money  and  the  Current  Bills  of  this  Province  are  of  Opinion  That  it  is 
six  hundred  "^  Cent  advance  on  Sterling 

Ordered  That  the  Receiver  General  and  all  and  every  person  or  per- 
sons by  him  appointed  to  receive  his  Majestys  Quit  Rents  do  receive  the 
same  according  to  the  said  proportion  or  Rate  of  Exchange 

Ordered  That  all  Public  Treasurers  and  all  Persons  whatsoever  who 
have  any  Public  Moneys  in  their  hands  do  attend  at  Newbern  on  the 
first  day  of  March  next  ensuing  to  render  an  Account  thereof  to  the 
Committee  which  shall  be  appointed  to  inspect  and  examine  the  same 

Ordered  That  Public  Notice  be  given  tliereof 

Mr.  Attorney  moved  in  behalf  of  R''  Evans  That-  He  might  obtain 
Patent  for  300  Acres  of  Land  on  Barnards  Creek  C.  Fear  to  which  Col 
Moseley  objected  alledging  that  Col  Moore  lias  a  Patent  for  the  said  Laud 

Ordered  that  Col  Moore  produce  the  said  Patent  before  this  Board  the 
first  day  of  March  next  at  Newbern  and  if  He  fail  herein  that  then  the 
said  Evans  have  a  Grant  as  prayed 

Read  Sundry  Petitions  for  Patents  Viz' 

Thos  Dudleys  -442  Currituck,  Corn'  Jones  426  D°,  Tho'  Dudley  500 
D°,  Nath  Jones  370  Bertie,  Will  Eldridges  400  Bertie,  Jas  Setterson  100 
Perqnimons,  ^V^"  Moore  200  D",  Thos  Murphy  264  C-raven     Granted 

Bv  Order     "        NATH  RICE  CI. 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vol.  23.] 


LEGISLATIVE  JOURNALS. 


North  Carolina — ss. 

At  a  General  Assembly  begun  anfl  held  at  Edenton   on  Tuesday  the 
21"  dav  of  September  1736. 
2f) 


226  COLONIAL  KECOKDS. 


Present  the  hoii"'  William  Smith  Esq"  President 


Esq"  Members 

of  the  Upper 

Honse  of  Assembly. 


Natii.  Rice  Rob'  Halton 

The  lion"'     Math ;  Rowan      Edw  :  Moseley 
Cullen  Pollock 

Received  a  message  from  the  Lower  House,  that  several  of  the  Mem- 
bers of  that  House  being  mett  waited  for  their  qualification. 

Whereupon  his  Excellency  the  Governour  was  pleased  to  appoint 
Robert  Halton  and  Cullen  Pollock  Esq"  Members  of  this  Board,  to 
administer  the  oaths  by  law  appointed  to  be  taken  for  the  qualification 
of  Publick  Officers,  to  the  several  Members  of  the  Lower  House  of 
Assembly. 

A  Message  came  from  the  Lower  House  to  acquaint  his  Excellency 
that  a  majority  of  their  House  was  qualified  and  waited  his  Directions. 

Whereupt)!!  his  Excellency  sent  a  message  to  the  Lower  House  requir- 
ing their  inmiediate  attendance;  who  accordingly  came  in  a  full  Body, 
and  his  Excellency  was  pleased  to  direct  them  to  choose  their  speaker  & 
present  him  to-morrow  morning  at  nine  of  the  clock  for  his  approbation. 

Then  the  House  adjourned  till  to-morrow  morning  at  nine  of  the 
Clock. 

Wednesday  Sepf  22''  The  House  met  according  to  adjournment 
Present  as  before. 

His  Excellency  came  to  the  Upper  House  and  by  a  Messenger  required 
the  attendance  of  the  House  of  Burgesses,  who  came  in  a  full  body,  and 
presented  William  Downing  Esq"  their  Speaker,  whom  his  Excellency 
was  pleased  to  approve  of;  and  then  delivered  his  speech  to  both  Houses 
in  the  following  words,  viz' 

Gentlemen  of  the  Upper  House,  M'  Speaker  and  Gentlemen 

OF  THE  House  of  Burgesses. 

It  is  not  with  an  intention  of  making  any  Demands  for  my  own  per- 
sonal advantage,  that  I  have  now  summoned  you  to  meet  in  Assembly,  I 
should  look  on  such  views  as  very  mean  and  unworthy,  while  the  pub- 
lick  Affairs  are  in  such  Disorder,  and  the  little  money  you  can  at  present 
afford  to  raise,  may  be  more  usefully  employed  in  making  Provision -for 
establishing  order.  Peace  and  quiet  in  the  Province,  for  promoting  its 
trade  and  incouraging  its  navigation. 

These  I  assure  you  Gentlemen  are  the  designs  which  I  have  princi- 
pally at  heart,  and  I  hope  you  are  mett  together  with  the  most  sincere 
resolutions  of  enabling  me  to  put  tiiem  in  execution.  I  shall  with  great 
truth  and  plainness  lay  the  state  of  the  Country  before  you,  and  if  its 
grievances  are  not  redressed,  and  its  abuses  not  reformed,  and  defects  sup- 
plied, the  blame  must  lye  entirely  at  your  doors. 


COLONIAL  RECORDS.  227 


I  shall  begin  with  observing  the  deplorable  &  almost  totall  want  of 
divine  worship  thronghont  the  Province,  I  believe  it  is  impossible  to 
iiistanee  in  any  Country,  I  am  sure  it  is  in  any  Collony  belonging  to  a 
Christian  nation,  where  some  effeetuall  provision  has  not  been  made  for 
paying  in  Piibliek,  and  at  stated  times  that  adoration,  and  Homage  to 
Almighty  God,  so  highly  becoming  all  rational  creatures;  and  for  in- 
structing the  People  in  their  duty  to  the  supream  Author  of  their  being 
to  one  another  and  to  themselves :  A  fter  observing  this,  nobody  will  be 
surprized  at  the  many  disorders,  which  have  always  prevailed  among  us; 
especially  when  it  is  considered  how  little  care  is  taken  of  the  education 
of  youth. 

In  all  civilized  Societys  of  men,  it  has  always  been  looked  upon  as  a 
matter  of  the  greatest  consequence  to  their  Peace  and  happiness,  to  y>u\- 
lish  the  minds  of  young  Persons  with  some  degree  of  learning,  and  early 
to  instill  into  them  the  Principles  of  virtue  and  religion,  and  that  the 
Legislature  has  never  yet  taken  the  least  care  to  erect  one  school,  which 
deserves  the  name  in  this  wide  extended  country,  must  in  the  judgement 
of  all  thinking  men,  be  reckoned  one  of  our  greatest  misfortunes.  To 
what  purpose  Gentlemen  is  all  your  toil  and  labour,  all  your  pains  and 
endeavours  for  the  advantage  and  enriching  your  families  and  Posteritv, 
if  within  ourselves  you  cannot  afford  them  such  an  education  as  may 
quality  them  to  be  usefull  to  their  Country  and  to  enjoy  \vhat  you  leave 
them  with  decency. 

If  you  turn  your  eyes  upon  the  laws  (I  mean  such  as  regard  private 
property)  which  ought  to  be  the  Guardians  of  your  lives  and  fortunes, 
I'm  afraid  you  will  find  them  in  a  very  bad  scituation ;  upon  the  strictest 
enquiry  I  can't  find  that  there  is  one  compleat  Copy  of  them  in  any  one 
place,  neither  have  I  yet  seen  two  copies  of  them  which  perfectly  agree, 
some  of  them  seem  plainly  calculated  to  promote  fraudulent  practices, 
and  I  dare  say  have  prevented  many  honest  fair  dealing  People  from 
settling  in  the  Province;  most  of  them  either  appear  under  ridiculous 
Titles,  are  full  of  contradictions,  or  their  language  and  stile  is  childish 
ridiculous  and  against  the  common  rules  of  Grammar.  As  the  happi- 
ness of  every  private  man  depends  upon  the  laws,  I  think  tiiat  this  is 
a  Grievance  which  can  never  too  soon  be  redressed. 

But  if  the  laws  were  never  so  good  and  well  contrived  the  want  of 
sufficient  jayls  would  still  be  a  great  obstruction  to  the  execution  of  jus- 
tice. Experience  shews  you  that  there  is  no  securing  off  the  worst  of 
Criminals  and  bringing  them  to  condign  Punishment,  without  putting 
the  Country  to  a  vast  Charge,  by  Keeping  a  perpetual  watch  round  the 
Pi'isons,  and  even  in  spight  of  that  Precaution,  you  have  lately  seen  a 


228  COLONIAL  RECORDS. 


most  inhuman,  barbarous  Murderer,  escape  the  hands  of  Justice,  to  the 
great  scandal  and  reproach  of  the  Province. 

And  now  Gentlemen  represent  all  this  to  yourselves  at  one  view ;  con- 
sider a  Country  where  there  has  never  yet  any  Provision  been  made  for 
Keeping  up  the  sense  and  awe  of  a  Deity  on  the  minds  of  People; 
where  no  care  has  been  taken  to  inspire  the  youth  with  generous  senti- 
ments, worthy  Principles,  or  the  least  tincture  of  literature;  where  the 
Laws  are  dispersed  up  and  down  in  different  Places  on  loose  Papers, 
some  of  them  contradictory,  others  unintelligible,  and  even  from  the 
plainest  and  best  of  them,  the  vilest  and  most  notorious  Malefactors  not 
only  may,  but  actually  have  escaped  with  impunity,  by  reason  of  the 
insufficiency  of  tlie  Publick  Prisons  ;  Then  consider  yourselves  as  the 
Representatives  of  this  Country,  who  have  not  only  the  Power  and 
means,  but  are  earnestly  pressed  and  desired  to  remedy  these  calamities, 
to  supply  these  defects ;  and  when  you  have  done  all  this,  lay  your  hands 
upon  your  hearts  and  consider  how  you  can  answer  it  to  God  and  your 
own  consciences,  how  you  can  answer  it  to  your  Country  or  your  Pos- 
terity, if  you  either  neglect  this  opportunity  of  pursuing  such  valuable 
ends,  or  are  diverted  from  it  by  the  trifling  arts  of  designing  men. 

There  are  other  matters  which  tho'  not  of  equal  moment  with  what  I 
have  now  been  mentioning,  yet  very  well  deserve  your  attention.  The 
Penalties  in  the  Militia  Law  are  so  slight  and  so  inconsiderable,  that  it 
is  impossible  to  bring  them  to  a  muster  so  frequently  as  is  necessary, 
and  without  your  assistance,  there  is  no  avoiding  this  inconvenience. 

I  recommended  to  the  last  Assembly  to  use  their  endep,vours  for  ob- 
taining a  direct  Trade  to  Great  Britain,  it  is  in  vain  for  you  to  complain 
of  the  excessive  prices  of  European  commodities  or  of  the  scarcity  of 
Gold  and  Silver,  while  affairs  remain  in  the  present  posture.  If  you  do 
not  fall  on  some  effectuall  methods  of  buying  your  goods  at  the  first 
market,  your  Neighbours  will  never  fail  to  make  an  advantage  of  your 
necessityes.  I  am  the  more  convinced  that  it  is  very  possible  to  do  this, 
because  upon  examination  I  perceive  the  Navigation  even  of  the  northern 
parts  of  this  Province,  is  not  near  so  bad  as  a  great  many  persons  have 
industriously  given  out;  And  if  in  imitation  of  all  the  other  Colonys 
on  the  Continent  you  would  give  sufficient  encouragement  for  raising  and 
exporting  such  products  as  can  be  raised  in  this  Country,  and  bear  a 
good  price  at  home,  I  am  satisfied  you  would  soon  see  an  alteration  for 
the  better  in  our  Trade  For  the  better  preserving  your  Cattle,  Corn  and 
other  grains,  I  believe  you  will  find  it  highly  necessary  to  provide  a 
sufficient  reward  for  the  Killing  of  Vermin  which  as  I  am  infi)rmed 
have  done  great  Mischief  in  most  parts  of  the  Province. 


COLONIAL  KECOKDS.  22fl 


I  heartily  wi.sli  you  would  make  >;oiiie  proper  ro^ulations  of  ()ffic(n-s' 
Fees.  I  am  told  there  iuive  been  great  eoniplaints  and  niiiriiiiirs  on  this 
subject,  but  sure  they  have  been  very  unjust.  If  any  Person  injuretl  had 
applyed  for  redress  &  been  denyed  there  might  be  some  foundation  for 
clamour;  but  as  this  has  not  been  the  case,  I  cannot  see  what  Grounds 
there  are  for  Complaints  of  this  nature;  but  that  for  the  future  the  Pul)- 
lick  may  know  where  the  blame  lyes,  I  desire  you  may  search  this  evil 
to  the  bottom,  and  whoever  tiie  guilty  Person  is,  let  liiiii  l)c  pimislied 
with  the  utmost  severity. 

I  doe  further  assure  you  that  as  I  have  already  sent  home  a  list  of  all 
the  Fees  to  the  proper  Officei-s,  if  you  think  fit  to  prepare  a  reasonable 
Bill  for  settling  all  the  Fees  in  the  Province,  it  shall  not  want  my  assent. 
And  now  I  mention  murmurs  and  clamours,  I  cant  forbear  taking  some 
notice  of  the  many  impudent  falsehoods  &  notorious  untruths,  which  with 
a  design  to  keep  the  Countr}^  in  Confusion,  have  been  so  industriously 
propagated  by  a  Party  remarkable  for  nothing  so  much  as  being  indefati- 
gable in  sjjreading  the  basest  Calumnies,  and  never  ashamed  when  de- 
tected in  it. 

I  flatter  myself  I  have  no  occasion  to  say  much  on  this  head,  because 
it  is  pretty  well  known,  that  if  they  had  been  permitted,  as  in  former 
times,  to  injure  his  Majesty's  revenue,  and  oppress  their  fellow  subjects, 
we  should  have,  been  troubled  with  no  complaints  from  that  Quarter.  I 
should  be  glad  if  every  Planter  would  bring  this  matter  home  to  him- 
self, and  make  the  case  his  own.  Suppose  in  the  late  times,  when  no 
legall  titles  could  be  gott.  He  had  satt  down  witli  his  family  on  a  vacant 
Tract  of  Land ;  had  with  great  expence  and  labour  built  upon  and  culti- 
vated it  for  severall  years,  and  after  all  this,  a  Person  shall  come,  (who 
perhaps  does  not  so  much  as  know  the  boundaries  of  it  but  by  the  Sur- 
vey the  other  Pei'son  has  paid  for;)  and  with  an  insolent  air,  by  virtue  of 
a  pretended  title  which  perhaps  a  few  hours  before  was  a  meer  blank  piece 
of  paper,  shall  at  once  rob  him  of  his  Plantation  and  so  many  years 
labour;  would  there  not  be  real  and  just  ground  to  complain  of  a  Gov- 
ernment which  would  connive  at  such  cruel  proceedings  as  these?  This 
Gentlemen  is  no  bare  supposition ;  it  is  a  matter  of  fact  which  has  act- 
ually happened  more  than  once  or  twice,  and  nobody  can  tell  how  often 
it  might  have  happened,  if  a  seasonable  stop  had  not  been  put  to  sucli 
infamous  Practices.  For  my  own  part  I  tiiink  I  may  say  without  any 
vanity  or  ostentation,  that  I  have  put  myself  to  great  expence  and  even 
risqued  my  health  to  do  justice  to  the  People,  by  going  on  the  spott  to 
hear  their  different  pi-etensions,  and  on  all  occasions  relieving  the  poor 
industrious  Planter  from  the  oppressions  and  frauds  of  their  more  pow- 


230  COLONIAL  RECORDS. 


erful  aud  crafty  neighbours  And  as  I  heartily  despise  the  poor  trifling 
efForts  of  that  sett  of  meu  to  my  prejudice,  as  well  as  the  scandalous 
methods  they  take  to  make  them  effectual ;  so  if  any  of  their  Artifices 
should  so  far  prevail  with  you,  as  to  lose  this  favourable  opportunity  of 
settling  the  Country;  I  shall  still  have  the  satisfaction  of  reflecting  that 
I  have  performed  my  duty,  aud  that  nothing  is  left  undone  on  my  part. 

But  I  can't  persuade  myself  it  will  be  in  tiie  power  of  such  men  as 
they  any  longer  to  divert  you  from  serving  your  country  in  such  material 
Points  as  are  those  I  have  recommended  to  you;  aud  as  I  have  been 
obliged  by  my  instructions  rigorously  to  maintain  the  Rights  and  just 
Revenues  of  the  Crown,  I  shall  be  glad  of  all  occasions  to  shew  a  tender 
regard  for  the  Priviledges,  happiness  and  liberties  of  the  People,  not 
being  apprehensive  that  they  are  in  the  least  inconsistent  with  one 
another. 

Which  being  read  at  this  Board  resolved  that  M'  Secretary  Rice, 
Mathew  Rowan  and  Cullen  Pollock  Esq"  be,  and  they  are  hereby  ap- 
pointed a  Committee  to  draw  up  an  Address  in  answer  to  His  Excel- 
lency's speech,  and  lay  the  same  before  this  Board. 

Adjourned  to  Saturday. 

Saturday  Sepf  25"'  Tiie  House  met  according  to  adjournment  Pres- 
ent as  before 

M'  Secretary  Rice,  Mathew  Rowan,  &  Cullen  Pollock  Esq"  the  Com- 
mittee appointed  to  draw  up  an  Address  in  answer  to  His  Excellency's 
Speech,  now  laid  the  same  before  this  Board,  which  was  read,  and  by 
the  majority  of  the  House  approved  of,  which  is  in  the  following  words 
(viz') 

To  His  Excellency  Gabriel  Johnston  Esq"  Captain  General  Governor  & 

Commander  in  Chief  in  and  over  His  Majesty's  Province  of  North 

Carolina  and  Vice  Admiral  of  the  same. 
The  Humble  Address  of  His  Majestie's  Council  of  the  said  Province 

now  met  in  General  Assembly. 
May  it  please  your  Excellency, 

We  His  Majestie's  most  Dutyfull  and  loyall  subjects.  Members  of  the 
Council  of  this  Province  do  return  your  Excellency  our  sincere  thanks 
for  your  seasonable  and  pathetick  Speech,  wherein  you  have  pointed  out 
the  evils  we  labour  under  in  order  to  their  redress  and  the  happy  settle- 
ment of  the  Province,  which  you  have  recommended  in  sucii  Terms,  as 
can't  but  inspire  all  true  lovers  of  their  Country  with  sentiments  of  the 
warmest  gratitude :  as  doubtless  proper  regulations,  Provisions  and  Con- 


CUJ.,ONIAL  KPX'ORDS.  231 


stitutioiis  ill  the  Subjects  proposed  to  our  Consideration  in  your  Excel- 
lency's Speech,  would  greatly  conduce  to,  and  promote,  or  rather  effect- 
ually procure  and  attain  those  good  ends  which  your  Excellency  has 
always  appeared  to  pursue,  with  so  much  wisdom,  zeal  &  steadiness  (viz') 
the  Establishing  peace  and  order  amongst  us,  and  making  us  a  flourish- 
ing C!olony. 

We  beg  leave  to  assure  your  Excellency  we  are  extreamly  pleased  with 
this  Opportunity  and  occasion  of  Acknowledging  your  Excellency's 
goodness,  care  and  vigilance,  so  conspicuous  in  every  part  of  your  Ad- 
ministration;  But  which  sliines  forth  with  a  more  peculiar  and  distin- 
guished lustre  in  the  quick  detection  and  unbiased  prosecution  of  frauds 
and  abuses,  which  had  been  formerly  committed  in  the  disposition  of 
lands  (but  shamelessly  connived  at  and  even  palliated,  nay  even  espoused 
by  your  Predecessor;)  and  tiie  indefatigable  pains,  you  have  taken,  to 
render  justice  to  His  Majestie's  Subjects  in  this  Particular,  and  to  make 
them  easy  and  safe  in  their  possessions. 

What  less  can  your  Excellency  expect  from  us  than  a  ready,  chearfull 
and  hearty  concurrence  (on  which  your  Excellency  may  depend,)  in 
redressing  the  Grievances,  reforming  the  abuses,  and  supplying  the 
defects  of  the  Government,  so  as  to  render  your  administration  easie, 
successful!  and  honourable,  and  ourselves  and  fellow  subjects  of  this 
Province  happy,  in  the  full,  secure  &  undisturbed  enjoyment  of  our  lib- 
erties and  properties  of  which  God's  gracious  high  Providence  and  His 
Maj'"''  fatherly  goodness,  has  made  you  the  welcome  restorer,  and  watch- 
full  Guardian. 

We  lament  very  much  the  want  of  Divine  Publick  worship  (a  crying 
scandal  in  any,  but  more  especially  in  a  Christian  Community ;)  as  well 
as  the  general  neglect  in  point  of  education,  the  main  sources  of  all  dis- 
orders and  Corruptions,  which  we  should  rejoice  to  see  removed  and  rem- 
edeyed,  and  are  ready  to  do  our  parts,  towards  the  reformation  of  such 
flagrant  and  prolifick  Evils.  The  revisal  too  of  our  Laws  (as  your  Ex- 
cellency observes,)  is  a  matter  of  the  greatest  importance,  and  we  shall 
be  glad  to  see  it  well  executed  and  new  Laws  framed,  more  for  the  Hon- 
our and  advantage  of  the  Province;  and  sufficient  Prisons  erected  in 
jiroper  places ;  without  which  (as  your  Excellency  also  well  observes) 
the  best  laws  will  be  ineffeetuall  and  far  from  answering  the  ends  of  Gov- 
ernment :  we  likewise  hope  this  Sessions  to  see  the  militia  put  upon  a 
good  footing. 

We  are  very  sensible  of  the  impositions  and  other  Inconveniencies, 
the  want  of  a  foreign  commerce  exposes  us  to,  and  are  ready  to  concur 
in  any  proper  expedients  for  facilitating  a  Trade  with  Europe,  and  the 


232  COLONIAL   RECORDS. 


West  India  Islands  as  well  as  in  a  Law  for  regulating  the  fees,  so  as 
neither  injustice  be  done  to  the  people,  nor  hardships  to  the  Officers;  and 
in  passing  all  such  other  Laws  as  may  be  proposed  to  us  for  the  good  of 
our  Country,  and  particularly  for  all  the  purposes  before  mentioned. 

We  assure  your  Excellency  that  no  insinuations,  no  artifices  of  any 
party  or  sett  of  men  whatsoever,  can  alter  our  sentiments  or  change  these 
our  views,  but  that  we  shall  ever  look  upon  all  such  as  join  in  an  Oppo- 
sition to  measures  so  evidently  calculated  for  the  welfare  and  happiness 
of  the  Province,  as  the  enemies  of  the  Province,  &  wicked  disturbers  of 
the  Publick  Tranquility;  wiiich  nevertheless,  in  spight  of  their  impo- 
tent efforts,  we  hope  and  doubt  not,  but  your  Excellency  will  be  able  to 
establish  upon  a  solid  and  lasting  foundation. 

Whereupon  Edward  Moseley  and  Cullen  Pollock  Esq"  who  dissented, 
prayed  their  dissent,  and  reasons  for  the  same,  might  be  entered  on  the 
Journals  of  this  House,  which  being  read  and  the  matters  therein  alledged 
not  appearing, 

Voted  that  the  Motion  be  rejected 

Resolved  that  Edmond  Porter  and  Mathew  Rowan  Esq"  do  attend 
His  Excellency  the  Governor  to  acquaint  him  that  this  House  are  ready 
to  wait  on  him  with  their  Address,  and  then  the  House  waited  on  His 
Excellency  accordingly. 

Adjourne<l  till  Monday  Morning. 

Monday  Sepf  27""     Tlie  lldusc  met  according  to  Adjournment 

Pi'esent  The  Hon""'  William  iSmitli  Esq"  President 

'111      1      bi,  f  Nath :  Rice  Math :  Rowan  1  ,^     ... 

1  he  hou"    I  j^,^,^,  f^.^,^^^^  j,^,^^,,  ^^^^^^^^  I  E.sq 

Read  a  Bill  for  an  Act  for  destroying  Vermin  within  tiiis  Province 
the  first  time  and  passed. 

Read  a  Rill  for  an  additional  Act  to  ascertain  the  manner  of  a  Poll  Tax 
and  the  sum  necessary  fiir  building  a  CV)urt  House  in  Hyde  Precinct  the 
first  time  and  pass'd. 

Resolved  that  the  Bill  for  an  Act  to  appoint  that  part  of  Bertie  Pre- 
cinct lying  on  the  .south  side  of  Marratnck  river  to  be  a  distinct  precinct 
by  the  name  of  Edgcombe  Precinct,  lye  on  the  Table  for  further  con- 
sideration. 

Adjourned  till  tomorrow  morning  at  9  of  the  Clock. 

Tuesday  Sepf  28*     The  House  mett  according  to  Adjournment. 
Present  as  before. 

Received  from  the  Lower  House  the  following  resolves,  Viz' 
Resolved  that  M'  Thomas  Barker  be  appointed  Clerk  to  attend  and 
to  do  the  business  as  such  in  two  Committees  (viz')  of  tirievances  and 


COLONIAL  RECORDS.  2.S;5 


Propositions,  and  for  inspecting  the  Pnblick  Accounts,  and  that  he  l)e 
allowed  thirty  five  shillings  per  diem  for  his  attendance  and  Services; 
sent  to  the  Upper  House  for  concurrence. 

Resolved  that  M'  Jeremiah  Vail  be  appointed  to  attend  as  Clerk  of 
the  Committee  of  Claims;  and  for  his  attendance  and  service  on  the 
said  Committee  to  be  allowed  thirty  shillings  per  diem. 

Sent  to  the  Upper  House  for  Concurrance.  Which  were  read  and 
refer'd  for  the  consideration  of  this  Board  till  the  afternoon. 

Received  a  message  from  the  Lower  House,  viz' 

To  THE  Hon"'  the  Upper  House 

This  House  have  appointed  M'  Bonner,  M'  Forbes,  M'  Swan,  M' 
Bryant,  M'  Baker,  M''  Luten,  M'  Jones,  to  be  a  Committee  to  joyn  a 
Committee  of  the  Upper  House  for  Publick  Claims  and  rejiort  the  same 
to  this  House 

To  which  this  House  sent  the  following  answer  viz' 

IVP  Speaker  and  Gentlemen 

In  answer  to  your  Message  this  House  have  appointed  Edmond  Porter 
and  Edward  Moseley  Esq"  a  Committee  to  joyn  that  of  yours  for  Pub- 
lick  Claims. 

Received  from  the  Lower  House  the  following  Message  viz' 

To  THE  Hon"'  the  Upper  House 

As  several  Members  of  your  House  hold  and  enjoy  Publick  Offices 
we  desire  you  will  permit  such  Members  of  your  House  as  are  Publick 
Officers  to  lay  before  the  Committee  of  Grievances  and  Propositions 
Lists  of  the  several  Fees  they  take  and  demand  by  virtue  of  their  Offices. 

To  which  this  House  sent  the  following  Message  viz' 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  Message  relating  to  the  Officers:  This  House  has 
directed  that  every  Officer  in  it  do  lay  before  the  Committee  tiie  List  of 
the  fees  they  take  and  demand. 

Received  the  following  Message  from  the  Lower  House  viz' 

To  THE  Hon'''^  the  Upper  House 

This  House  has  appointed   M"^  Maurice  Moore,  M'  Smithwick,  Sir 
Richard  Everard,  Baronet,  M'  Peyton,  M'  Hill,  to   be  a  Committee  to 
joyn  a  Committee  of  the  Upper  House  for  examining  Publick  Accounts 
and  report  the  same  to  [this]  House. 
30 


234  COLONIAL  RECORDS. 


To  whicli  this  House  sent  the  i'ollovving  Message  (viz') 
M'  Speaker  &  Gentlemen, 

lu  answer  to  your  Message  this  House  liave  appointed  Mathevv  Rowan 
&  Cullen  Pollock  Esq"  a  Committee  to  joyn  those  of  yours  for  examin- 
ing the  Publick  Accounts. 

Adjourned  till  tomorrow  morning  at  nine  of  the  clock. 

Wednesday  Sepf  29""     The  House  met  according  to  adjournment. 
Present  The  Hon"'"  W"  Smith  Esq"  President. 
Natii.  Rice         Math  :  Rowan 
The  hon"'     Rob'  Halton       Edw*  Moselev       Esq'^ 
Edm"  Porter      Cullen  Pollock 
Resolved,  it  is  the  opinion  of  this  House  that  all  Clerks  of  Commit- 
tees, relating  to  matters  ariseing  in  this  House  should  be  nominated  by 
the  House  only. 

Sent  the  following  message  to  the  Lower  House  (viz') 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  relating  to  the  appointing  of  Clerks  to 
the  Committees  you  mentioned,  we  must  inform  you,  that  we  look  upon 
it  as  our  undoubted  right,  that  where  both  Houses  are  equally  concerned, 
we  have  an  equal  right  in  the  nomination  of  Clerks  of  Committees; 
therefore  cannot  concur  with  you  in  those  resolutions,  wherein  you  have 
assumed  that  power  solely  to  yourselves 

Adjourned  till  tomorrow  morning  at  nine  of  the  clock. 

Thursday  Sept'  30""     The  House  met  according  to  adjournment. 
Present  The  hon""  W"  Smith  Esq"  President 
Nath  :  Rice       Math  :  RovYan 
Tiie  hon""     Rob'  Halton     Cullen  Pollock     Esq" 
Edw"  Moseley 
Read  tlie  Bill  for  an  additional  Act  to  ascertain  the  manner  of  a  Poll 
tax  and  the  sum  necessary  for  building  a  Court  House  in  Hyde  Precinct, 
a  second  time  and  passed  with  amendments. 

Received  a  message  from  the  Lower  House  (viz') 

To  the  Hon"'  the  Upper  House 

This  House  is  of  opinion,  that  the  sole  right  of  appointing  Clerks  to 
attend  the  Committee  of  Grievances  and  Propositions  is  vested  in  us, 
and  having  accordingly  appointed  M'  Thomas  Barker  Clerk  to  the  said 
Committee,  as  likewise  of  the  Committee  for  the  inspecting  the  Publick 
Accounts,  in  which  your  House  have  a  joynt  right;  We  therefore  sub- 
mit the  appointment  of  a  Clerk  of  the  Committee  of  Publick  Claims  to 
vour  House. 


COLONIAL  RECORDS.  235 


To  whicli  this  House  seiii  the  following  Answer  (viz') 
M'  Speaker  &  Gentlemen, 

This  House  agrees  with  you  in  tiie  nomination  of  M'  Barker  as  Clerk 
to  the  Committee  for  inspecting  the  publick  Accounts;  And  we  nomi- 
nate Henry  Bonner  Jun"'  as  Clerk  to  the  Committee  of  Claims,  to  which 
we  desire  your  t'oncurrence. 

Adjourned  till  tomorrow  morning. 

Fryday    October    1"     The    House    met   according  to   Adjournment. 
Present  Tiie  hon""  W""  Smith  Esq"  President. 
(  Nath :  Rice         Math  :  Rowan     ) 
Thehon''"<^  Rob'Halton       Edw"  Moseley     VEsq" 
(  Edm-*  Porter      Cullen  Pollock,  j 
Read  the  Bill  for  an  additional  Act  to  ascertain  the  manner  of  a  Poll 
tax,  and  the  sum  necessary  for  building  a  Court  House  in  Hyde  Pre- 
cinct, the  third  time  and  pass'd.     Ordered  that  it  be  engro.ssed. 
Adjourned  till  to  morrow  morning 

Saturday  October  2^  The  House  met  according  to  Adjournment. 
Present  as  before 

Read  a  Bill  for  an  Act  to  appoint  that  part  of  Bertie  Precinct  lying 
on  the  south  side  of  Marratuck  river,  to  be  a  distinct  Precinct  and  Parish 
by  the  name  of  Edgcombe  Precinct  the  first  time  &  pass'd. 

Read  a  Bill  for  an  Act  for  establishing  and  confirming  a  Town  in  New- 
Hanover  Precinct  by  the  name  of  Wilmington  at  a  place  now  called 
Newton ;  and  for  erecting  a  Court  House  and  holding  a  Court  there,  the 
first  time  and  passed. 

Read  a  Bill  for  an  Act  to  prevent  kilting  of  Deer  at  unseasonable 
times,  the  first  time  and  pass'd. 

Read  a  Bill  for  an  Act  to  enable  Samuel  Williams  to  sell  and  convey 
in  fee  simple  three  hundred  acres  of  Land  in  Bertie  Precinct,  the  first 
time  and  pass'd. 

The  House  adjourned  till  Tuesday  morning. 

Tuesday   October  5""     The   House   met   according  to   Adjournment. 

Present  The  hon"'  W"°  Smith  Esq''  President 

Til     u     bie  (  Nath :  Rice         Math :  Rowan  1  ^^    „ 
The  hon- 1  ^^^,  jj^,^^_^       j,^,^^,,  j^j^^^j^^,  I  Esq' 

Read  the  Bill  for  an  Act  to  prevent  killing  of  Deer  at  unseasonable 
times,  the  second  time  and  pass'd. 

Read  the  Bill  for  an  Act  for  making,  clearing  and  repairing  roads,  for 
making  Bridges  and  settling  ferrys,  the  first  time  and  passed. 

Adjourned  till  to  morrow  morning. 


236  COLONIAL  RECORDS. 


Wednesday  October  6""     The  House  met , according  to  Adjournment. 
Present  Tlie  lion"'"  W"  Smith  Esq"  President. 
(  Natii :  Rice         Math :  Rowan   ") 
The  hon^^  {  Rob'  Halton       Edw*  Moselev   >  Esq" 
(  Edm*  Porter      Cullen  PoUock  j 
Read  a  Bill  for  an  Act  to  establish  and  confirm  that  part  which  was 
formerly  of  Craven  Precinct,  and  bay  river,  the  first  time  and  pass'd. 

Read  the  Bill  for  an  Act  for  destroying  Vermine  within  this  Province, 
the  second  time  and  pass'd. 

Adjourned  till  to  morrow  morning. 

Thursday  October  7*     The  House  met  according  to  adjournment. 
Present  The  Hon"°  W"  Smith  Esq"  President. 
Nath:  Rice         Math:  Rowan 
The  hon"''     Rob'  Halton      Edw^  Moseley      Esq" 
Edm"  Porter     Cnllen  Pollock 
His  Excellency  the  Governor  came  to  the  Upper  House  and  sent  a 
message  to  the  Lower  House  commanding  their  immediate  attendance  at 
the  Council  Chamber,  whereupon  they  came  in  a  full  body  and  presented 
the  following  Address 

North  Carolina — ss. 

To  His  Excellency  Gabriel  Johnston  Esq"  Captain  General,  Governour 

and  Commander  in  Chief  in  and  over  His  Majesty's  said  Province. 
The  humble  Address  of  the  Members  of  the  Lower  House  of  Burgesses 

of  said  Province. 

We  the  Members  of  the  Lower  House  of  Assembly  humbly  beg  leave 
to  lay  before  your  Excellency  the  several  grievances  represented  to  us  by 
the  Committee  appointed  for  that  purpose  which  are  in  the  words  follow- 
ing (viz') 

On  reading  the  Petition  of  Perquimons,  Bertie  and  other  Precincts  and 
also  several  other  informations  complaining  of  the  illegal  Proceedings  and 
methods  of  collecting  &  receiving  the  Quit  rents,  it  appears-to  this  Com- 
mittee, that  the  Collectors  or  receivei's,  have  compelled  the  Inhabitants  of 
this  Province,  who  hold  their  Land  by  Grants  from  the  late  Lords  Pro- 
prietors, to  carry  their  Quit  rents  to  certain  places  appointed,  tho'  such 
rents  were  only  demandable  and  payable  on  the  Lands  for  which  they 
were  due,  and  had  by  custom  time  out  of  mind  been  received  by  the  Col- 
lectors at  the  People's  respective  dwelling  Houses;  and  that  they  then 
and  there  exacted  and  received,  seven  for  one,  contrary  to  the  Laws  of 
this  Province,  and  by  distress  levyed  on  such  as  did  not  bring  their  rents 
to  the  Places  so  appointed  eight  for  one,  with  extravagant  Charges;  It  is 


COLONIAL  RECORDS.  237 


therefore  resolved,  and  it  is  the  opinion  of  this  Committee,  that  .sneii  Pro- 
ceedings are  illegal  and  oppressive. 

Upon  the  complaint  of  Beaufort  and  Bertie  Precincts  setting  forth  that 
the  Indians,  contrary  to  the  Treaty  of  Peace,  burnt  upon  their  lands,  and 
kill  and  disturb  their  Cattle,  and  they  pretend  to  hunt  by  virtue  of  a 
lycence  from  His  Excellency  the  Governour. 

Resolved  by  this  Committee  that  the  House  be  moved  to  address  His 
Excellency  to  withdraw  the  said  Ivycence. 

Upon  complaint  of  a  new  and  unusual  Clause  in  the  Commission  to 
the  Justices  of  the  several  Precinct  Courts,  upon  reading  of  which  it 
appears  to  this  C'onmiittee  that  the  said  Clause  is  contrary  tt)  Law. 

Resolved  by  the  Committee  that  the  House  be  moval  to  address  His 
Excellency  the  Governour  to  expunge  the  said  Clause,  and  that  all  C<jm- 
missions  be  issued  in  the  antient  and  usual  manner. 

Resolved  by  this  Committee  that  as  the  Court  of  Chancery  has  not 
been  held  as  usual  to  the  great  grievance  and  prejudice  of  the  suitors 
therein,  That  the  House  be  moved  to  address  the  Governour  that  the 
same  may  be  held  at  the  usual  times  and  places  according  to  the  antient 
customs  and  Laws  of  this  Province,  to  forward  the  respective  suits  com- 
menced and  to  be  commenced  therein. 

Resolved  by  the  Committee  that  the  House  be  moved  to  address  His 
Excellency  tlie  Governour  that  no  Magistrate  in  this  Province  be  super- 
seded in  his  Office,  without  complaint  for  malefeasance  in  his  said  Office, 
and  he  be  convicted  of  the  same  up(jn  hearing  before  the  Gov'  and 
Council. 

We  therefore  the  Members  of  the  Lower  House  of  Assembly  most 
humbly  beseech  your  Excellency  to  take  the  said  grievances  under  your 
consideration  and  to  afford  us  such  redress  therein  as  to  your  consumate 
wistiom  shall  seem  meet. 

By  order.  W"  DOWNING.  Speaker. 

To  the  foregoing  Address  His  Excellency  was  pleased  to  make  the 
following  Answer,  (viz') 

Gentlemen, 

To  every  Article  of  this  your  Representation  of  grievances  I  shall 
give  you  a  particular  answer.  What  you  say  about  the  quit  rents  being 
payable  upon  the  Lands  which  were  held  under  the  late  Lords  Pro- 
prietors is  certainly  just,  and  the  Officers  who  collected  the  rents  had 
orders  to  go  to  their  respective  Houses,  provided  they  paid  in  Gold  or 
the  finest  silver  as  was  demanded  by  the  late  Lords  Proprietors,  imme- 
diately after  the  Indian  war,  and  sure  His  Majesty  has  good  reason  to 


2.38  COLONIAL  RECORDS. 


insist  on  the  same  now,  after  so  many  years  of  Peace  and  Tranquility. 
But  to  such  as  brouglit  their  Quit  rents  to  the  Court  Houses  it  was 
allowed  to  pay  in  the  Bills  of  this  Province  at  the  rate  of  seven  for  one 
sterling  money,  which  as  you  all  know  by  your  private  dealings  was 
making  an  abatement  of  thirty  per  cent  for  their  trouble  in  coming  to 
the  Court  House.  I  am  very  willing  for  the  future  that  the  rents  be 
received  as  you  desire,  provided  they  are  paid  in  Gold  and  Silver.  It  is 
a  very  strange  assertion  Gentlemen  to  say  that  taking  seven  for  one  is 
contrary  to  Law;  I  wish  you  -would  look  over  the  Law  which  estab- 
lished the  first  Currency  in  this  Province  (and  which  you  all  know  was 
more  valuable  by  far  than  this  is  ever  like  to  be)  You  will  find  in  it  as 
strong  expressions  if  not  stronger  binding  all  persons  to  take  Bills  at  the 
Exchange  there  mentioned,  than  thei'e  is  in  the  Law  passed  last  Assem- 
bly; and  yet  the  late  Lords  Proprietors  acquainted  the  Assembly  at  that 
time  that  they  must  not  pretend  to  impose  their  Bills  of  Credit  on  them 
in  payment  of  Quit  rents,  and  the  Assembly  in  answer  assured  their 
Lordships  that  they  had  no  intention  of  that  nature,  and  do  you  think 
gentlemen,  that  it  is  possible  now  to  pass  that  upon  the  Crown,  which 
you  durst  not  offer  to  do  to  the  late  Lords  Proprietors,  It  were  very 
hard  indeed,  if  when  no  private  person  will  part  with  sterling  money 
under  ten  for  one,  His  Majesty  only  should  be  obliged  to  take  it  at  five. 

If  this  was  to  be  the  case,  you  might  safely  change  the  Title  of  y*nr 
currency  Act,  and  call  it  in  plain  English  an  Act  for  Depriving  His 
Majesty  of  one  half  of  His  revenue,  iiwh  suggestions  as  these  may 
occasion  tlie  currency  Act  to  be  repealM  at  honie,  but  will  never  procure 
the  least  abatement  of  His  Majesty's  just  revenue,  and  as  my  conduct  in 
the  last  collection  is  highly  approved  of  at  home  and  I  am  sure  of  being 
supported  in  it  for  the  time  to  come,  I  cannot  avoid  proceeding  for  the 
future  in  the  same  manner  as  I  have  begun,  I  could  indeed  wish  that 
by  some  Law  consistent  with  the  dignity  of  the  Crown,  you  would  make 
the  collection  of  Quit  rents  as  easy  as  possible  to  His  Majesty's  Subjects ; 
But  that  lyes  entirely  in  your  breasts. 

If  there  is  any  clause  either  in  the  Commission  of  the  Peace,  or  any 
other  Commission  contrary  to  Law,  upon  pointing  out  the  particular 
clause,  and  the  Law  that  is  infringed  by  it,  I  shall  immediately  order  it 
be  struck  out. 

I  am  entirely  of  your  opinion,  Gentlemen,  that  removing  of  any 
Magestrate  without  good  and  sufficient  grounds,  is  a  dangerous  practice, 
and  may  be  attended  with  very  bad  consequences ;  and  as  I  never  have, 
sol  resolve  never  to  do  it;  But  I  must  be  excused  from  coming  into 
your  Proposal,  because  it  appears  to  me  to  change  the  very  nature  of  the 


COLONIAJ.  KECOUDS.  239 


Commission  of  the  Peace,  wiiich  always  was  a  Comission  (liirante  ijeiie 
placito  only,  whereas  by  your  Proposal,  tiie  Commission  to  the  Justices 
would  be  quamdin  se  bene  gesserint ;  an  alteration  I  dare  not  make 
without  His  Maj'^"  special  direction. 

I  shall  take  care  to  recall  all  the  Licences  given  to  the  Indians,  and 
strictly  charge  them  not  to  presume  to  hiuit  within  any  plantation  in  this 
Government. 

As  to  the  Court  of  Chancery,  I  do  assure  you  I  have  often  lamented 
that  it  is  not  held  more  regularly,  the  holding  of  that  Cf)urt  as  well  as 
the  supreame  Court  so  near  the  Virginia  Line  when  the  Province  begins 
to  be  so  populous  in  the  southern  parts,  is  attended  with  so  many  incon- 
veniencies  that  unless  you  find  some  speedy  &  effectual  remedy  for  them, 
there  will  be  an  absolute  necessity  for  fixing  all  the  Courts  in  some  more 
central  part  of  the  Province. 

This  is  Gentlemen  what  I  have  to  .say  to  those  grievances  your  Com- 
mittee have  been  pleased  to  make  a  report  of  to  you  ;  I  am  sorry  they 
have  been  so  remiss  in  their  duty  as  to  present  so  few  grievances  and 
those  so  little  material,  In  any  other  Country  besides  this  I  am  satis- 
fied they  would  have  taken  notice  of  the  want  of  divine  worship,  the 
neglect  of  the  education  of  youth,  the  bad  state  of  your  Laws  and  the 
impossibility  to  execute  them,  such  as  they  are  Grievances  which  will 
deserve  redress,  but  these  it  seems  are  not  reckoned  grievances  in  this  part 
of  the  world.  The  more  unhappy  for  the  People  whom  you  represent; 
for  all  the  world  must  now  .see  who  is  to  be  blamed  for  neglecting  mat- 
ters so  essential  to  the  peace  quiet  and  good  government  of  the  Province. 

Adjourned  till  tomorrow  morning. 

Fryday  October  8'''  The  House  met  according  to  Adjournment.  Pres- 
ent as  before. 

Read  the  Bill  for  an  Act  to  appoint  that  part  of  Bertie  Precinct  lying 
on  the  soutii  side  of  Marratuck  river  to  be  a  district  Precinct  by  the 
name  of  Edgcombe,  a  second  time  and  rejected. 

Read  a  Bill  foi-  an  Act  to  estaljlish  and  confirm  that  part  which  was 
formerly  called  Craven  Precinct  and  Bay  river,  a  second  time  and 
rejected. 

Read  a  Bill  for  an  Act  for  ascertaining  &  regulating  Officers  fees  and 
Offices,  the  first  time  and  pass'd. 
Adjourned  till  to  morrow  morning- 
Saturday  October   9""     The   House  met  according  to   Adjournment. 
Present  the  hon'''»  W"  Smith  Esq"  President 
HM     1      bi«  f  Nath  :  Rice         Math :  Rowan  1  p,    „ 
(^  Koh'  Halton        hdw*^  Moselev  j        ' 


240  COLONIAL  RECORDS. 


Read  the  Bill  for  an  Act  to  prevent  Killing  Deer  at  unseasonable 
times,  third  time  and  pass'd. 

Ordered  that  it  be  engrossed. 

Read  a  Bill  for  an  Act  for  facilitating  the  navigation  of  several  parts 
of  this  Province  and  buoying  &  beaconing  the  Channels  leading  from 
Ocacock  Inlet  to  Edenton,  Bath  Town  and  Newbern,  and  for  providing 
sufficient  Pylots  for  the  safe  conduct  of  vessells,  a  first  time  and  pass'd. 

Adjourned  till  Monday  morning. 

Monday  October  ll""     The  House   met  according  to  Adjournment. 
Present  The  hon"'  W"  Smith  Esq"  President 
(Nath:Rice         Eleaz:  Allen    ) 
The  lion""-/  Rob'  Halton       Math:  Rowan  V  Esq" 
•  (  Edw"  Moseley  J 

Upon  reading  the  Bill  for  an  Act  for  ascertaining  and  regulating  Offi- 
cers' fees  and  Offices,  the  second  time,  The  question  being  put  whether 
the  Bill  should  be  amended  or  not,  the  House  was  divided. 

Read  the  Bill  for  an  Act  for  making,  clearing  &  repairing  Roads,  for 
making  Bridges  and  settling  ferrys,  the  second  time.  Ordered  to  lye  on 
the  table  till  to  morrow  for  further  consideration. 

Read  the  Bill  for  providing  His  Majesty  a  Rent  Roll  for  securing  His 
Majestie's  quit  rents,  for  the  remission  of  arrears  and  for  quieting  the 
Inhabitants  in  their  possessions  &c,  the  first  and  rejected,  and  thereupon 
sent  the  following  message  (viz') 

M'  Speaker  &  Gentlemex, 

On  reading  the  quit  rent  Bill  the  first  time  in  our  House,  we  find  it 
clog'd  with  so  many  clauses  to  the  apparent  detriment  of  His  Majestie's 
revenue  that  we  have  rejected  it. 

Received  a  message  from  the  Lower  House  in  these  words  (to  wit) 

To  His  Excellency  the  Governor  &  Councill. 

Whereas  M'  Thomas  Smith  Treasurer  for  Hyde  Precinct,  is  dead,  this 
House  recommend  to  His  Excellency  the  Gov"'  and  Councill,  the  follow- 
ing persons  to  be  one  of 'them,  Treasurer  of  Hyde  Precinct,  viz'  M' 
Sam  :  Sinclair  or  M'  Jos :  Tart. 

Which  was  concurr'd  with  and  sent  to  His  Excellency  for  his  assent 
and  nomination. 

Read  the  Bill  for  an  Act  for  destroying  Vermin  within  this  Province, 
a  third  time  and  pass'd.     Ordered  that  it  be  engross'd. 

Adjourned  till  to  morrow  morning 


I   M  ^ 


COLONIAL  RECORDS.  241 


Tuesday  October  12*.     The  House  met  according  to  Adjournment. 
Present  The  hon"'"  W"  Smith  Esq™  President. 
rRob'Halton  Eleaz:  Allen      ^ 

The  hon"V  Edm"  Porter         Math:  Rowan    VEsq" 
i  Edw-"  Moseley  j 

His  Excellency  being  come  to  the  Upper  House  &  having  sent  a  mes- 
sage to  command  the  immediate  attendance  of  the  House  of  Burgesses; 
they  not  paying  obedience  thereto  His  Excellency  was  pleased  to 
send  another  Message  to  them;  But  they  still  neglecting  to  give  their 
attendance,  His  Excellency  then  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council,  prorogued  the  General  Assembly  to  the  first  day 
of  March  next,  then  to  meet  at  Newbern.     By  Order. 

NATH:  RICE,  Clk.  Upp:  H:  Assembly. 


1737. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  19.] 

Sir,  [Secretary  of  Board  of  Trade] 

Governour  Johnston  by  his  letter  to  me,  seems  very  desirous  to  have 
their  Lordships  Opinion  in  regard  to  the  methods  he  has  taken  in  col- 
lecting the  Quit  Rents;  the  Planters  there  have  hitherto  paid  their 
arrears  of  Quit  Rents  without  any  considerable  Opposition  but  it  is  now 
to  be  feared  from  the  many  letters  they  have  received  from  this,  insin- 
uating to  them  that  the  Governours  conduct* is  not  approved,  that  they 
will  not  submit  to  the  payments  of  their  Quit  Rents  so  readily  as  they 
have  hitherto  done,  therefore  I  imagine  that  it  will  be  entirely  necessary 
that  their  Lordships  should  express  themselves  fully  on  this  head  before 
tiie  next  Collection  of  the  Quit  Rents  in  the  Spring;  as  that  will  be  a 
means  of  keeping  the  people  quiet  and  makeing  them  the  more  readily 
comply  with  their  Duty;  and  a.s  their  Lordships  have  approved  the 
errecting  of  a  Court  of  Exchequer  I  humbly  conceive  their  Lordships  can 
be  under  no  difficulty  in  ordering  the  Governour  to  put  the  Laws  of  that 
Court  into  Execution,  against  such  persons  as  refuse  to  pay  their  Quit 
Rents. 

The  practice  of  the  people  of  the  Colony  for  a  long  time  past  of  Box- 
ing pine  trees  for  Turpentine  and  burning  of  light  wood  for  pitch, 
without  takeing  out  any  regular  pattents  for  the  Lands,  has  been  of  great 
31 


242  COLONIAL  RECORDS. 


disservice  to  his  Majesty's  Revenue  in  that  Province;  therefore  it  is 
hoped  their  Lordships  will  take  notice  of  it  immediately,  and  instruct 
the  Governour  fully  about  it,  there  are  many  people  in  the  Colony,  who 
bear  Great  resentment  against  the  Governour  on  that  account,  and  they 
are  made  to  believe  that  what  the  Governour  has  done  in  preventing 
them  from  destroying  the  Kings  Woods,  is  not  by  virtue  of  any  instruc- 
tions from  their  Lordships  but  from  an  Arbitrary  disposition  in  himself 
the  Governour  in  his  letter  to  me,  also  mentions  the  necessity  that  ap- 
pears to  him  of  having  the  Assemblys  continued  longer  than  two  years; 
considering  the  unsettled  state  of  the  Colony,  it  will  be  of  great  service 
in  preventing  frequent  Ellections,  which  introduces  great  disturbances 
amongst  the  people  of  the  Colony. 

The  Priviledge  they  claim  in  their  Biennial  Assemblys  of  meeting 
without  any  Writt  or  summons  from  the  Governour,  appears  to  me  very 
extraordinary  and  to  be  entirely  inconsistent  with  his  Majesty's  privi- 
ledges,  therefore  I  doubt  not  but  their  Lordships  will  immediately  take 
notice  of  it  and  instruct  the  Governour  how  to  proceed. 

The  favour  I  am  to  beg  of  you  is  that  you  wou'd  recommend  it  to 
their  Lordships  to  take  the  Governour's  letter  into  consideration  as  soon 
as  possible  as  there  will  be  an  opportunity  of  conveying  their  Lordships 
answer,  by  way  of  Virginia  in  about  ten  days  and  in  case  their  Lord- 
ships shou'd  disapprove  of  any  part  of  the  Governour's  conduct  (which  I 
hope  they  will  not)  that  in  such  case  they  will  be  pleased  to  write  the 
Governour  two  letters  the  one  only  to  contain  such  things  as  their 
liordships  approve  of,  that  he  may  be  at  the  liberty  of  shewing  it  to  the 
people  of  the  Colony,  and  the  other  to  contain  such  matters  as  their 
Ijordships  are  pleased  to  direct  in  a  private  matter,     I  am  sir 

Your  most,  &".,  HENRY  M-^CULLOH 

IT'"  Jan^^  1736.  [1737] 


[B.  P.  R.  O.  NoKTH  Carolina.  B.  T.  Vol.  10.  B.  31] 

Sir  [Secretary  of  Board  of  Trade] 

Having  by  .several  paquets  to  the  Board  of  Trades  acquainted  their 
Lordships  with  the  state  of  this  Province  I  take  this  opportunity  (which 
I  have  met  with  beyond  E.xpectation)  to  beg  the  favour  of  you  to  solicite 
their  Lordships  for  a  speedy  answer  under  cover  to  .some  of  the  Gov- 
ernors of  the  Northern  Provinces  and  by  him  to  be  forwarded  by  express 
to  Edenton. 

It  is  a  peculiar  liardship  to  the  Gentlemen  who  serve  the  Crown  in 
this  Colony  that  it  never  was  before  brouij-ht  under  any  order  nor  sub- 


COLONIAL  RECORDS.  243 


ject  to  the  regulation  of  the  Laws.  Tliat  there  i.s  not  a  place  of  the 
whole  Goverunient  fit  to  keep  any  one  Office  in  nor  any  fitt  nor  effectual 
Law  for  raising  the  Militia,  so  tliat  if  wo  have  not  the  Countenance  of 
his  Majesties  Ministers  and  Boards  at  home  it  is  really  impossible  to 
carry  on  business  and  M'  Burrington  has  had  the  Addres,s  to  persuade 
the  people  that  his  Majesty  neither  wants  Quit  Rents  to  be  paid  nor  any 
of  his  instructions  to  be  observed  so  that  if  I  do  not  soon  receive  orders 
from  my  Lords  of  Trade  in  consequence  of  my  last  letter  I  must  sitt 
still  and  suffer  matters  to  go  in  the  same  confused  irregular  manner  as 
formerly. 

It  is  now  almost  two  years  since  the  Lords  of  Trade  referred  the  case 
of  the  Blank  Patents  to  the  Attorney  General  I  immediately  ordered 
all  Proceedings  to  be  suspended  until  we  should  have  so  good  an  Author- 
ity to  direct  us.  It  is  a  great  misfortune  that  we  have  never  yet  been 
favoured  with  M'  Attorneys  opinion  for  the  proprietors  of  these  Patents 
have  really  endeavoured  to  excite  the  people  to  a  Rebellion  because  we 
distract  upon  a  few  of  them  who  refused  to  pay  their  Quit  Rents  which 
is  an  unheard  of  practice  in  this  part  of  the  world.  '  I  have  now  fairly 
and  without  prejudice  sent  my  opinion  which  of  these  Patents  ought  to 
be  vacated  (by  the  prosecution  of  the  Attorney  General  of  this  Province) 
and  which  of  them  ought  to  be  allowed  of  and  if  I  don't  hear  speedily 
from  their  Lordships  I  hope  if  any  bad  consequences  should  happen  they 
will  not  be  laid  to  my  charge. 

I  was  obliged  to  prorogue  last  Assembly  at  Edenton  which  at  first 
promised  very  fair  to  settle  this  Country  by  enacting  some  good  Laws. 
But  an  Emissary  from  the  late  Governour  who  arrived  here  during  their 
sitting  did  amuse  them  with  so  many  representations  that  it  was  impos- 
sible to  do  business  with  them,  according  to  the  last  prorogation  I  met 
them  here  on  the  first  current  and  recommended  to  their  consideration 
the  present  miserable  case  of  the  Province.  But  instead  of  mending 
that  the  first  thing  they  attempted  was  to  take  the  Officers  who  distrained 
for  his  Majesty's  Quit  Rents  during  the  time  of  Collection  into  Custody 
upon  which  I  dissolved  them  by  the  enclosed  proclamation.  I  hope  Sir 
you  will  be  so  good  as  to  say  before  their  Lordships  what  I  have  now 
wrote  to  you  in  a  very  great  hurry.  But  as  the  affair  is  pressing  I  hope 
you  will  excuse. any  oversight.     I  am  Sir,  yours,  &c., 

GAB:  JOHNSTON 

Xewbern  March  ll'"  173#. 


244  COLONIAL  RECORDS. 


North  Carolina. 

By  his  Excellency  Gabriel  Johnston  Esq"  Cap'  Gen'  &  Govern'  in  Chief 

of  the  said  Province. 

A  Proclamation. 

Whereas  the  Lower  House  of  Assembly  instead  of  redressing  the 
many  Grievances  the  Country  labour  under  for  want  of  a  sufficient 
maintenance  being  provided  for  the  Clergy  &  proper  additions  to  and 
amendments  of  the  Laws  in  force  which  are  at  present  so  defective  both 
which  have  been  so  often  and  so  earnestly  recommended  to  them,  Have 
taken  upon  them  in  a  very  disorderly  and  undutiful  manner  to  intimidate 
his  Majesties  officers  in  the  execution  of  their  duty  by  order  of  them  into 
Custody,  thereby  to  prevent  the  Collection  of  the  Quit  Rents  so  long 
due  to  his  Majesty  I  do  therefore  by  and  with  the  advice  and  consent 
of  his  Majesty's  Council,  dissolve  this  Assembly,  &  this  present  Assem- 
bly is  accordingly  dissolved. 

March  4*  173f 


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

Monday,  March  13'"  1737. 
May  it  please  your  Lordship  [Bishop  of  London] 

It  was  very  shocking  to  me  to  be  informed  by  the  Genf"  that  waited 
on  you  with  my  Letter  to  acquaint  your  Lordship  of  my  arrival  from 
Cape  Fear  that  I  had  suffered  so  much  in  your  esteem  that  you  was 
utterly  averse  to  see  me.  I  do  with  great  sincerity  and  sorrow  confess 
that  I  have  given  your  Lordship  great  cause  to  be  offended  with  me, 
but  I  can  with  a  good  conscience  declare  that  I  have  sincerely  repented 
of  every  miscarriage  that  my  memory  can  recollect  &  shall  never  be 
partial  to  myself  but  ready  on  all  occasions  to  declare  my  detestation  & 
abhorrence  of  every  neglect  of  duty. 

I  humbly  beg  your  Lordship  will  judge  charitably  &  candidly  of  me 
&  if  you  will  not  be  graciously  pleased  to  interest  yourself  so  far  in  my 
favour  as  to  recommend  my  case  to  the  Hon''^  Society  I  humbly  suppli- 
cate your  Lordship  to  condescend  to  deliver  to  the  Secretary  of  the 
Society  the  Letter  you  received  from  the  Inhabitants  of  Cape  Fear  iu 
my  favor  from  the  hands  of  M'  Hunter,  &  to  inform  him  that  you  had 
received  a  letter  from  Gov'  Johnston  confirming  from  his  own  knowl- 
edge the  character  given  of  me  by  my  parishioners. 

I  despise  [desire?]  to  live  to  no  other  end  than  to  do  service  to  Gods 
Church  &  conscious  of  my  own  good  intentions  &  desires  suggests  to  me 


COLONIAL  RECORDS.  245 


many  flattering  hopes  of  doing  God  &  iiis  Church  good  service  at  Cape 
fear  if  I  meet  with  suitable  encouragcnient 
I  subseriix;  myself  <tc. 

RICH"  MARSDEN 

Capt   Wimble  intreats  your  Lordship  to  accept  this  map  of  North 
Carolina 


[B.  P.  E.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  27.] 

My  Lords  [of  the  Board  of  Trade] 

As  I  iiave  the  honour  to  be  appointed  Receiver  General  of  his  Majesty's 
Quit  Rents  for  this  Province  I  think  It  my  duty  humbly  to  lay  before 
your  Lordships  an  account  of  the  many  difficultys  and  obstructions  I 
have  met  with  in  my  Collection  from  which  I  am  but  lately  returned, 
more  especially  from  the  Inhabitants  of  Aliiemarle  County  the  most 
numerous  in  the  Province  and  from  whom  the  largest  sums  are  due. 

Your  liordships  are  no  doubt  perfectly  acquainted  with  the  Tenours 
under  which  the  people  of  that  County  hold  their  Lands  and  the  indul- 
gence given  them  by  tlie  Governour  in  Council  by  rateing  their  paper 
currency  at  no  more  than  at  seven  for  one  sterling  (for  want  of  Gold  or 
Silver)  and  allowing  their  arrears  of  Quit  rent  to  be  paid  at  that  rate, 
although  it  was  notorious  that  a  much  larger  proportion  of  paper  would 
not  purcha.se  the  sterling  either  in  specie  or  in  any  of  the  .saleable  com- 
modityes  of  the  Countrey.  And  indeed  the  people  .seemed  so  sensible  of 
this  favour  that  in  my  last  years  collections  which  were  for  the  whole 
arrears  due  since  his  Maje.sty's  purcha.se.  I  found  verj-  little  opposition 
but  from  some  few  who  had  been  too  deeply  concerned  in  former  irregu- 
laritys  not  to  hoj)e  they  would  l>e  over  lookt  among  other  confusions  of 
tiieir  own  raising.  It  was  then  my  good  fortune  to  procure  a  consider- 
able rent  roll  and  receive  as  large  a  sum  of  money  as  could  be  expected 
considering  the  situation  of  affairs  at  that  time.  From  whence  I  thought 
I  might  reasonably  conclude  a  proportionable  success  in  the  annual  Re- 
ceipt instead  of  which  I  have  met  with  the  greatest  opposition  under 
various  Pretences. 

First  that  the  Quit  rents  are  and  ought  to  be  payable  at  their  several 
and  respective  dwellings  in  the  commodities  of  the  Countrey. 

Secondly  that  the  taking  seven  for  one  sterling  is  illegal  and  expressly 
coutrar}'  to  a  law  past  the  27""  of  November  1729  entituled  an  Act  for 


246  COLONIAL  RECORDS. 


makeing  and  emitting  the  sain  of  forty  thousand  ponnds  in  which  Law 
the  Assembly  pretend  to  settle  the  value  of  the  Paper  currency  by  ad- 
judging it  every  2(f  to  be  equal  to  IS*  w'  of  Silver  as  current  in  Vir- 
ginia \vhich  is  in  proportion  as  four  to  one  and  from  thence  deduce  the 
exchange  of  five  for  one  ster'  at  M'hich  rate  they  insist  the  Quit  rents 
ought  to  be  paid  altho  it  is  well  known  throughout  the  Province  that 
20'  sterling  is  worth  ten  pounds  in  the  Paper  currency  and  as  I  have 
seen  it  sold  at  the  place  of  the  Receipt  of  the  (Juit  rents  in  Bertie  Pre- 
cinct in  Albemarle  county. 

Thereby  that  the  Quit  rents  throughout  the  Province  are  payable 
in  proclamation  money  by  an  Instruction  to  his  Excellency  the  Gov- 
ernour  relateing  to  the  remission  to  the  arreai-s  of  Quit  rents  &c.  to  which 
I  beg  leave  to  refer  your  Lordships  from  whence  they  would  conclude 
that  the  Quit  rents  of  Albemarle  county  which  by  their  Grand  deed  in 
1668  are  payable  at  Two  shi"  ster'  and  100  acres  should  now  be  reduct 
to  Two  shi"  proclamation  and  that  too  payable  in  Paper  money  at  -such 
rates  as  they  shall  please  to  affix,  an  absurdity  tof)  glaring  to  require  any 
answer. 

I  shall  not  presume  my  Lords  to  make  any  further  Animadversions 
on  these  points  but  humbly  leave  them  to  your  Lordships  consideration 
only  thus  much  I  would  beg  leave  to  observe  that  the  bulk  of  the  people 
are  well  inclined  but  their  understandings  are  imposed  upon  by  a  few 
designing  men  of  which  M'  Moseley  a  member  of  the  Council  (and  who 
for  these  two  years  has  refused  to  pay  his  Quit  rents)  is  I  apprehend  the 
chief.  This  Gentleman  has  been  deeply  concerned  in  the  disposal  of  the 
Blank  Patents  so  detremental  to  the  revenue  of  the  Crown  which  are 
now  under  your  Lordships  consideration.  And  I  hope  I  shall  not  be 
accused  of  doing  any  injustice  to  his  character  if  I  say  that  all  the  diffi- 
cultys  and  obstructions  which  have  attended  the  several  Collections  of 
the  Quit  rents  especially  the  last  are  entirely  owing  to  that  Gentleman 
and  his  Fi'iends  who  leave  no  stone  unturned  to  perplex  the  Government 
and  render  the  Quit  rents  of  as  little  service  to  the  Crown  as  possible. 

Your  Lordships  will  be  pleased  to  pardon  if  I  enlarge,  and  mention 
one  instance  of  this  Gentlemans  conduct  (among  others  of  the  late  Lords 
Proprietors  officers)  while  he  was  their  surveyor  General  and  one  of  their 
Council.  It  was  usual  with  them  when  the  Blank  Patents  began  to  grow 
too  numerous  to  be  disposed  of  in  Bath  County  at  the  exhorbitant  rates 
they  were  originally  sold  at,  to  endeavour  to  find  out  a  new  market  and 
lower  the  prices.  To  this  intent  they  ottered  them  to  several  persons  in 
Albemarle  County  who  already  held  Lands  from  the  Ijords  Proprietors  by 
Grants  at  2'  ster'  per  100  acres  for  a  smaller  consideration  (tho  sufficient 


COLONIAL  RECORDS.  247 


to  render  them  considerable  gainers  thereby)  some  were  so  weak  as  to 
purchase  them  for  the  salce  of  an  easier  Quit  rent  and  Who  have  refused 
to  pay  at  any  other  rate  than  by  their  Last  Patents.  Many  of  these  I 
have  met  with  in  the  course  of  my  Collection  and  some  of  M''  Moseley's 
disposal. 

These  tuy  Lordj<  were  among  those  calletl  pincliased  patents  Pur- 
chased by  connivance  of  the  Officers  then  in  tru.<t  from  the  Lords  Pro- 
prietors by  them  and  them  only  at  twenty  jxiunds  per  1000  acres  paper 
currency  and  received  in  payment  of  their  several  and  respective  salarys 
as  they  became  due  s<i  that  by  this  management  their  Lordships  (and 
consequently  the  Crown)  have  made  an  exciiangeof  &n  annual  revenue  of 
fifteen  shill :  sterl :  fiir  ever  out  of  every  thousand  acres  so  disposed  of 
for  the  triffling  consideration  of  about  £3.10.  stei''  paid  to  their  Officers 
and  accounted  for  as  they  thought  proper. 

The  Paper  here  inclos'd  is  what  I  took  from  the  Publick  Place  of 
Receipt  in  Bertie  County  Precinct  signed  by  three  of  the  then  members 
of  the  Assembly  which  I  conceive  will  sufficiently  demonstrate  to  your 
Lordships  the  terms  they  would  pay  their  Quit  rents  at. 

I  should  not  have  trespast  so  long  on  your  Lord,ships  time  and 
Patience  were  it  possible  to  remedy  the  evil  by  exerting  myself  in  mj^ 
Office.  But  the  contagion  is  too  far  spread  and  renders  it  impracticable 
I  therefore  humbly  submit  it  to  your  Lordships  judgements  whether  his 
Majesty's  Quit  rents  should  not  be  paid  at  certain  places  tliroughout  the 
Province,  and  (for  want  of  silver  or  gold)  in  the  paper*  cuiTencj  at  such 
a  rate  as  will  equal  the  sterling  \-allue,     I  am 

Ma}^  it  please  your  Lordship,  your,  &c., 

ELEAZ^  ALLEN. 

North  Carolina  Cape  Fear  River  March  29"^  1737. 


February  the  20*  Day  173f. 
We  the  Subscribers  Representatives  of  Bertie  Precinct  being  sum- 
moned (as  we  are  informed)  to  attend  this  day  at  the  Court  House  in 
order  to  pay  his  Majestys  Rents  due  by  us  for  Lands  held  in  tliis  Pre- 
cinct and  lest  any  unadvised  people  should  misconstrue  our  words  or 
actions  as  thoe  we  were  unwilling  to  pay  what  Rents  we  justly  owe  his 
Majesty  to  remove  such  an  objection  if  any  should  be  made  we  in  a 
Publick  Manner  Declare  that  we  always  w«re  and  are  ready  to  pay  what 
Rents  we  justly  owe  according  to  the  covenant  and  agreement  made 
between  the  late  Ijords  Proprietors  and  tlie  inhabitants  of  the  County 
<)£  Albemarle  accordina:  to  the  Tenour  of  our  Patents  according  to  the 


248  COLONIAL  RECORDS. 


Laws  of  this  Colony  and  the  constant  practice  of  near  seventy  years 
standing  which  always  was  and  as  we  conceive  ought  to  be  paid  and 
received  in  the  Commodities  of  the  Country  at  our  respective  houses  we 
are  also  well  satisfied  that  the  Opinion  of  the  late  Assembly  was  that  all 
other  demands  whatsoever  were  Illegal 

BENJ  :  HILL.  J-  LAWSON.  JA»  CASTELLAW. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  259.] 

Sir,  [Gov.  Gab.  Johnston] 

Since  the  letter  from  My  Lords  Comm"  for  Trade  &  Plantations  to  yoa 
of  the  ll*""  Nov'  last  their  Lordships  have  received  yours  of  the  15"'  Octo- 
ber preceding  and  Mr.  McCulloh  your  Agent  has  laid  before  them  the 
several  papers  you  mention  to  be  inclosed  in  your  said  letter  except  the 
estimate  of  the  charge  of  running  the  division  line  between  your  Province 
and  South  Carolina  As  mistakes  of  this  sort  may  frequently  happen  from 
your  sending  part  only  of  the  papers  you  intend  for  the  consideration  of 
my  Lords  in  your  letter  to  them  and  the  remainder  of  them  to  your 
Agent  I  am  to  desire  that  you  will  for  the  future  constantly  send  with  the 
letter  to  their  Lord""  such  papers  as  are  therein  mentioned  to  be  inclosed. 

My  Lords  have  considered  what  you  have  wrote  concerning  the  Blank 
Patents  and  altho'  their  Lordships  may  generally  approve  of  your  .senti- 
ments upon  the  subject,  yet  as  the  case  of  these  Patents  as  drawn  up  by 
yourself  now  lies  before  His  Maj.  Attorney  &  Solicitor  Gen'  My  Lords 
do  not  think  proper  to  send  you  any  directions  concerning  the  said  Pat- 
ents until  their  Lord.ships  shall  have  received  their  opinion  in  point  of 
law  upon  this  subject  which  is  soon  expected  In  the  mean  time  I  am 
commanded  to  send  you  inclosed  the  copy  of  M'  Burrington's  Answer  to 
your  state  of  the  Blank  Patents  for  your  observations  thereon  which  like- 
wise lies  before  the  Attorney  and  Solicitor  General. 

The  next  part  of  your  letter  relates  to  the  payment  of  Quit  Rents  upon 
which  you  desire  directions  from  My  Lords  as  to  your  continuing  to 
receive  them  in  Proclamation  Money  instead  of  commodities  which  the 
inhabitants  are  desirous  of  paying  them  in  Upon  this  subject  you  have 
full  directions  in  your  instructions  and  My  Lords  do  not  see  that  you  can 
want  any  explanation  of  them     The  Quit  rent  which  by  your  instruc- 


COLONIAL  RECORDS.  249 


tions  you  are  directed  to  reserve  is  four  siiilliugs  Proclamation  Money  for 
every  hundred  acres  but  as  you  iiavc  mentioned  the  receipt  of  £4,200 
sterling  on  account  of  arrears  of  Quit  rent  My  Lords  desire  to  know  in 
what  specie  that  sum  was  paid. 

With  regard  to  the  collection  of  those  Quit  rents  their  Lordships  ob- 
serve that  you  have  proposed  the  a])pointment  of  Sheriffs  and  desire  you 
may  have  directions  whether  such  officers  may  not  be  appointed  by  a  law 
to  be  pa.ssed  for  that  purpose  wherein  some  ecpiivalent  may  he  made  to  the 
Provost  Marshal  and  these  Sheriifs  to  be  appointed  Collect oj's  of  the  Quit 
rents.  Ujion  this  subject  and  the  other  difficulties  mentioned  in  your  two 
letters  of  IS"*  October  and  29""  Nevember  last  which  my  Lords  have  not 
as  yet  sufficiently  considered  to  return  you  a  particular  Answer  Their 
Lordships  see  no  objection  to  your  getting  an  Act  or  Acts  passed  for  reme- 
dying the  grievances  complained  of  Provided  you  take  care  that  a  clause 
be  inserted  in  such  Acts  to  suspend  their  execution  until  the  King's 
pleasure  can  be  known  thereupon. 

My  Lords  have  now  laid  the  Biennial   Law  of  your  Province  before 
His  Majesty  wth  their  reasons  for  repealing  and  when  His  Majesty  shall 
have  come  to  any  determination  thereon  you  will  have  notice  thereof. 
I  am  Sir,  &c., 

ALURED  POPPLE 

Whitehall  April  22-"'  1737. 


[B.  p.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  29.] 

My  Lord.s  [of  the  Board  of  Trade] 

Your  Lordships  letter  of  the  eleventh  November  came  lately  to  ray 
hands  There  was  a  full  account  of  what  passed  between  our  Commis- 
sioners and  those  of  South  Carolina  relating  to  the  boundary  line  in  the 
Minutes  of  Council  from  the  25'"  of  March  to  the  25"'  of  June  1735. 
But  as  your  Lordships  ordered  a  particular  account  of  that  matter  I  con- 
fess I  was  in  the  wrong  in  neglecting  to  send  an  Extract  from  the  Council 
Books.  I  have  now  ordered  the  Commissioners  to  prepare  a  Draught  of 
what  they  have  done  which  I  shall  transmit  to  your  Lordships  by  the  first 
opportunity.  The  running  of  this  Line  is  farr  from  being  compleated. 
The  Commissioners  were  put  to  great  charges  and  endured  vast  Fatigue 
Our  Assembly  refuse  to  pay  them  any  thing  and  are  very  positive  it  ought 
to  be  done  at  the  charge  of  the  Crown.  The  manner  of  running  it  i.s 
agreed  upon  by  both  Colonies,  but  it  cannot  be  put  in  execution  untill  it 
is  determined  who  are  to  pay  the  Commissioners. 
32 


250  COLONIAL  RECORDS. 


I  am  sorry  the  Attorney  General  has  not  after  so  many  years  made  his 
report  concerning  ouP  Laws,  it  is  a  great  misfortune  to  every  Body  con- 
cerned in  the  Government  here  If  they  are  found  to  be  good  and  valid 
notwithstanding  the  want  of  so  essential  a  condition  as  the  Approbation 
of  the  Board  of  Proprietors  and  the  Publication  of  that  Approbation  at 
the  next  Biennial  Assembly  (which  is  M''  Smiths  objection  &  mine)  His 
Majesty  will  have  very  little  to  do  in  this  Province  for  they  have  taken 
effectual  care  to  make  themselves  Independent  both  of  the  King  and 
the  Lords  Proprietors:  And  as  to  private  Property  they  may  rob 
orphans  and  cheat  strangers  and  have  these  Laws  still  on  their  side 
Even  now  when  we  have  a  Court  of  Exchequer  we  cannot  get  Justice 
done  to  the  Crown,  except  in  such  cases  where  we  can  proceed  by  English 
Bill.  Every  Juror  is  a  Tenant  of  the  Crown  and  Mall  never  find  for  his 
Landlord.  They  imagine  besides  all  this  that  they  have  a  Governour 
and  every  other  Officer  who  will  not  betray  his  Majesty's  Interests  in  their 
Power  It  is  only  as  they  reckon  to  send  home  a  number  of  complaints, 
and  let  the  charge  be  never  so  untrue  improbable  and  contradictory  they 
are  sure  they  cannot  in  this  Country  be  at  a  Loss  for  Affidavits  in  what 
number  they  please. 

I  ask  pardon  for  never  having  yet  sent  an  answer  to  the  annual  Queries 
transmitted  me  from  your  Board  I  flattered  myself  that  before  this  time 
I  should  have  been  able  to  send  your  Lordships  some  specimens  of  the 
finest  products  of  the  S°  of  France  and  Italy  which  with  a  good  deal  of 
charge  and  expence  I  have  begun  to  raise  in  this  Country  but  have  been 
pretty  much  retarded  by  the  opposition  and  murmurs  which  all  regular 
Governments  will  meet  with  in  this  Province  unless  most  vigourously 
supported  from  home.  I  shall  however  soon  send  a  particlar  answer  to 
these  Queries  and  hope  to  be  able  at  same  time  to  shew  your  Lordships 
of  what  improvements  this  Country  is  capable  if  duely  encouraged. 

I  have  heard  much  from  some  Gentlemen  lately  come  from  England  of 
a  design  to  send  an  independent  company  into  this  Province.  It  would 
be  a  great  happiness  to  this  Country  if  his  Majesty  would  be  so  good  as 
to  do  it.  I  am  satisfied  until  it  is  done  our  Assembly  will  never  build 
one  sufficient  Goal  in  the  Province  nor  put  the  Militia  in  any  tolerable 
footing;  and  how  Government  can  be  mentioned  or  the  Lives  and  Prop- 
erties of  the  subjects  preserved  where  the  Militia  cannot  be  raised  nor  the 
Persons  of  Malefactors  and  Debtors  secured  I  leave  to  your  Lordships 
speedy  consideration.  This  is  literally  the  case  here  and  if  not  soon 
remedied  must  have  fatal  Effects. 

I  hope  your  Lordships  will  not  think  I  presume  too  far,  in  case  such 
a  company  is  sent  here  if  I  beg  I  may  have  a  Commission  to  be  Captain 
of  it.     I  should  not  venture  to  solicite  for  it  if  I  was  not  certain  that 


COLONIAL  RECORDS.  251 


his  Majesty's  service  cannot  be  so  effectnally  promoted  here  by  any  other 
Persons  having  it.  I  must  also  beg  leave  to  represent  that  tho  I  have 
been  now  Governour  of  this  Colony  four  years  I  have  the  name  of  a 
Salary  of  £1000  ster'  yearly  I  have  not  yet  been  able  to  command  X200 
S'  tho  I  have  endured  a  great  deal  of  Fatigue  and  trouble  &  lived  at  a 
very  great  Expence.  The  currency  of  this  Country  is  at  present  so 
bad  that  it  is  impossible  out  of  my  Salary  to  procure  from  England  such 
things  as  are  absolutely  necessary  for  living  here  with  common  decency 
I  must  therefore  beg  your  Lo^'  to  consider  my  present  mean  Provision 
when  any  proper  Occasion  such  as  this  shall  oifer. 

I  wish  your  Lo'''  would  also  be  pleased  to  consider  what  the  Receiver 
General  has  represented  to  your  Board  as  to  the  Exchange  of  the  Cur- 
rency into  sterling  money.  All  his  Majesty's  Officers  have  been  great 
and  willing  sufferers  by  it  in  order  to  make  the  payments  of  the  Arrears 
of  Quit  rents  more  easy  to  the  People,  but  the  full  exchange  ought  cer- 
tainly to  be  taken  for  the  future  and  it  would  look  best  if  that  was  done 
by  your  Lordships  express  command. 

lam,  &c.,  GAB:  JOHNSTON. 

Cape  Fear,  April  30*  1737 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  28.] 

At  the  Court  at  Hampton  Court  the  2P'  July  1737. 

Present  the  Kings  most  Excellent  Majesty  in  Council. 

Whereas  an  Act  was  passed  in  the  Province  of  North  Carolina  during 
the  time  the  .said  Province  was  under  the  Government  of  the  late  Lords 
Proprietors.  Entituled  "An  Act  relating  to  the  Biennial  and  other 
"Assemblys  and  regulating  Elections  and  members. 

Which  Act,  together  with  a  Representation  from  the  Loi'ds  C'ommis- 
sioners  for  Trade  and  Plantations  proposeing  the  Repeal  thereof  having 
been  referred  to  the  Consideration  of  a  Committee  of  the  Lords  of  his 
Majestys  most  Honourable  Privy  Council  for  Plautatiou  affairs.  The 
.said  Lords  of  the  Committee  did  this  day  report  their  Opinion  to  his 
Majesty  that  the  said  Act  ought  to  be  repealed.  His  Majesty  in  Council 
taking  the  same  into  consideration  was  graciously  pleased  to  declare  his 
disallowance  of  the  said  act  and  pursuant  to  his  Majestys  Royal  Pleasure 
thereupon  expressed  the  said  act  is  hereby  repealed,  declared  void  and  of 
none  effect.  Whereof  the  Governour  or  Commander  in  Chief  of  his 
Majesty's  Province  of  North  Carolina  for  the  time  being  and  all  others 
whom  it  may  concern  are  to  take  notice  and  govern  themselves  accord- 
ingly.    A  true  Copy.  JA  :  VERNON. 


252  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  66.] 

My  Lords,   [of  the  Board  of  Trade] 

In  obedience  to  your  Lordships'  commands  signified  to  me  by  M' 
Popple  I  have  considered  the  nine  following  Acts  passed  at  North  Caro- 
lina in  173^,  entituled 

An  Act  for  stamping  and  exchanging  the  present  Bills  of  Currency  of 
this  Province  and  for  the  better  explaining  an  Act  of  the  General  Assem- 
bly past  the  27*  day  of  November  1729  entituled  An  Act  for  making 
&  emitting  the  sum  of  £40,000  Public  Bills  of  Credit  of  North  Caro- 
lina. 

An  Act  for  repealing  a  Clause  in  an  Act  entituled  an  Act  relating  to 
Biennial  and  other  Assemblies  which  empowers  Freemen  of  the  several 
jn-ecincts  to  vote  for  Members  of  Assembly  and  declaring  what  persons 
shall  be  qualified  to  vote  for  Members  to  sit  in  General  Assembly  and 
also  qualification  of  Members  for  the  future. 

An  Act  for  laying  out,  making,  altering  and  keeping  in  repair  the 
several  roads  and  highways  within  the  several  precincts  of  the  County  of 
Bath ;  and  for  building  bridges  &  cleansing  &  keeping  clean  the  several 
rivers  and  Creeks  within  the  same. 

An  Act  for  reviving  an  Act  entituled  an  additional  Act  to  the  Act  for 
Tryal  of  small  and  mean  causes. 

An  Act  for  laying  a  duty  on  Liquors  for  and  towards  defraying  the 
contingent  charges  of  the  Government;  and  to  make  a  poll  tax  on  the 
poorer  Inhabitants  more  easy. 

An  Act  to  ascertain  the  Allowance  of  His  Majesty's  Council  and  the 
Members  of  Assembly  of  this  Province. 

An  additional  Act  to  the  Act  Concerning  Roads  and  Ferrys. 

An  Act  to  confirm  and  establish  the  Precincts  of  Onslow  and  Bladen 
and  for  appointing  them  distinct  Parishes. 

An  Act  for  granting  to  His  Majesty  the  sum  of  £14,150  3^  2''  for  the 
service  of  the  publick  of  this  Province  and  for  laying  a  tax  on  the 
Inhabitants  of  the  same  for  the  payment  thereof,  and  for  .stamping  the 
sum  of  £10,000  Bills  of  Credit  for  the  more  immediate  discharge  of 
part  thereof 

To  all  which  I  have  no  objection  in  point  of  Law. 

I  am,  &c.,  FRAN :  FANE. 

5'"  August  1737. 


COLONIAL  RECORDS.  253 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  3,  7,  8,  12,  13,  23,  26.] 

THE  MURRAY  CRYMBLE  AND  JAMES  HUEY  GRANT. 

At  tlie  Court  at  S'  James  the  19'"  of  May  1737.  Present  the  Kiiig.s 
most  Excellent  Majesty  in  Council. 

Upon  reading  this  day  at  tlie  Board  a  Report  fi-oni  the  Right  Hon- 
ourable the  Lords  of  the  Committee  of  Council  for  Plantation  Affairs 
dated  the  S*  of  this  Instant  in  the  words  following  Viz' 

In  Obedience  to  an  Order  in  Council  of  the  28""  of  May  1736  refer- 
ring to  this  Committee  the  humble  Petition  of  Murray  Crymble  and 
James  Huey  of  London  Merchants  in  behalf  of  themselves  and  several 
others  praying  for  a  Grant  of  Lands  upon  the  heads  of  the  Pedee  Cape 
Fear  and  Neus  Rivers  in  North  Carolina,  and  proposing  to  make  a  Set- 
tlement thereon  of  six  thousand  Swiss  Palatines  and  other  Foreign  Prot- 
estants within  the  space  of  Ten  years  from  the  Date  of  their  Grant, 
The  Lords  of  the  Committee  have  taken  the  said  Petition  into  their  con- 
sideration and  have  received  the  Opinion  of  the  Lords  Commissioners 
for  Trade  and  Plantations  thereupon  and  having  been  several  times 
attended  by  the  Petitioners  do  find  that  they  are  willing  to  undertake 
the  Settlement  upon  the  following  Conditions — viz' 

That  they  be  allowed  one  million  two  hundred  thousand  Acres  of 
Land  to  be  surveyed  in  twelve  different  parcells  of  one  hundred  thou- 
sand Acres  each. 

That  these  twelve  parcells  be  laid  out  as  contiguous  as  may  be  but 
none  of  them  to  be  at  any  greater  distance  than  ten  miles  from  some 
other  of  them. 

That  these  twelve  parcells  so  surveyed  be  Granted  by  the  Governour 
to  the  Petitioners  and  their  Associates  in  such  proportions  as  shall  be 
reqm'red  by  them  but  no  Grant  to  contain  less  than  twelve  thousand 
acres. 

That  the  Petitioners  and  their  associates  do  pay  the  usual  Fees  for 
surveying  and  passing  the  Grants  of  the  said  Tracts. 

That  all  the  Grants  be  made  by  the  Governour  immetliately  upon  the 
return  of  the  survey's  to  him  and  that  they  do  bear  equal  date  with  each 
other. 

That  the  commencement  of  the  Quit  Rent  be  computed  from  the  expi- 
ration of  Ten  years  frpm  the  date  of  such  Grant  which  Quit  Rent  is  to 
be  four  Shillings  Proclamation  Money  for  every  hundred  acres  included 
in  the  said  Grants. 


254  COLONIAL   RECORDS. 


That  in  case  any  Mines  shall  be  found  in  the  Land  petitioned  for  one 
fifth  part  of  all  Gold  and  Silver  Ore  and  one  tenth  part  of  the  Ore  of 
all  other  Mines  and  Minerals  whatsoever  be  reserved  to  your  Majesty. 

The  Lords  of  the  Committee  having  considered  the  said  Proposals  do 
humbly  report  to  your  Majesty  That  altho  the  Quantity  of  Land  pro- 
posed to  be  settled  is  very  great  amounting  to  the  proportion  of  two 
hundred  acres  for  each  person  to  be  settled  thereon,  yet  their  Lordships 
do  not  apprehend  that  any  inconvenience  can  arrive  from  the  granting 
the  same  to  the  Petitioners  in  regard  the  said  Lands  are  scituated  in  the 
Extremity  of  the  Province  near  to  the  Cherokee  Mountains  and  at  a  very 
great  Distance  from  the  seat  of  Government  and  that  there  are  several 
Millions  of  Acres  of  vacant  Land  between  the  said  Land  prayed  for  and 
the  land  already  settled — That  this  Province  being  by  its  Scituation 
liable  to  the  Excursions  of  the  Indians,  a  settlement  formed  in  this  part 
will  be  of  great  service  to  the  said  Province,  in  protecting  their  Frontiers 
as  well  as  encouraging  the  further  settlement  of  the  said  vast  Tracts  of 
vacant  Lands,  that  as  the  Petitioners  Jiave  proposed  to  form  the  said  set- 
tlement without  any  Expence  to  the  Crown,  and  as  the  autliority  culti- 
vating the  said  Lands  will  be  a  means  of  encreasing  your  Majesty's  Quit 
Rents  and  likewise  of  improving  the  trade  and  extending  the  Settlement 
of  the  said  Province.  Tiie  Lords  of  the  Committee  are  therefore  of 
Opinion  that  this  Undertaking  will  be  very  much  for  your  Majesty's 
service  and  the  Interest  of  the  Province,  and  that  it  may  be  advisable 
for  your  Majesty  to  comply  with  the  request  of  the  Petitioners  and  to  order 
your  Governour  of  North  Carolina  to  grant  to. them  the  Land  prayed 
for  upon  the  conditions  aforementioned  and  to  take  care  in  the  Grants  to 
be  made  for  this  purpose  that  no  part  thereof  be  already  granted  to  any 
other  person,  and  that  he  do  insert  a  clause  in  the  said  Grants  to  make 
the  same  void  as  to  so  much  of  the  said  lands  as  shall  not  be  settled 
within  the  space  of  ten  years  according  to  the  proportion  of  one  White 
Person  for  each  two  hundred  acres  of  Land  Together  with  a  provisoe 
that  till  such  time  as  the  Crown  shall  think  fit  to  resume  the  said  lands 
as  forfeited  for  want  of  being  settled  within  the  said  Term  of  Ten  years. 
The  Grantee  [has]  been  obliged  to  pay  the  Quit  Rent  for  the  same. 

His  Majesty  in  Council  taking  the  said  Report  into  consideration  was 
pleased  to  approve  thereof  and  to  order  as  it  is  hereby  ordered  that  the 
Surveyor  General  of  his  Majesty's  Lands  in  North  Carolina  or  his  Dep- 
uty do  lay  out  and  survey  the  said  one  million  two  hundred  thousand 
acres  of  land  upon  the  heads  of  the  Pedee  Cape  Fear  and  Neus  Rivers 
in  the  manner  proposed  by  the  above  Report. 

A  true  Copy.  '  W.  SHARPE. 


COLONIAL  RECORDS.  255 


To  tlie  Kings  most  Excellent  Majesty  in  Conncil. 

The  humble  Petition  of  Murray  Crymble  &  James  Hiiey  of  London 
Merchants  on  behalf  of  themselves  antl  several  others,  Sheweth 

That  as  there  are  large  quantitys  of  Land  in  your  Majesty's  Province 
of  North  Cai'olina  uncultivated  and  not  claimed  by  any  Person  which 
might  after  a  Settlement  being  formed  thereon  be  improved  greatly  to 
the  service  of  the  Colony  in  the  increase  of  their  Trade  and  Naviga- 
tion. And  also  much  enlarge  your  Majesty's  Revenue  in  the  Quit  Rents 
especially  if  undertaken  by  Persons  of  ability  who  are  able  and  willing 
to  carry  through  undertakings  of  thjs  nature  which  must  necessarily  at 
their  first  outset  be  attended  with  great  expence. 

Your  Petitioners  therefore  from  a  firm  intention  to  disburse  the  Sums 
necessary  for  such  an  undertaking  do  humbly  propose  if  your  Majesty 
shall  be  pleased  to  grant  them  the  liberty  of  settling  Six  thousand  Prot- 
estants in  the  said  Colony  on  the  heads  of  Pedee  River  Cape  Fear 
River  and  Neus  River  and  so  leading  upwards  towards  the  Mount- 
ains there  your  Petitioners  are  willing  to  Settle  that  number  being 
allowed  and  permitted  to  take  up  after  the  Rate  of  two  hundred  acres 
for  each  person  so  engaged  to  be  settled  there  within  the  term  of  ten 
years. 

That  if  it  should  be  your  Majesty's  pleasure  to  order  that  the  Lands 
should  be  laid  out  in  different  Districts  or  Townships  on  which  the  Swiss 
Palatines  and  other  Protestants  of  Germany  are  to  be  settled  and  that 
they  should  be  intermixed  so  that  neither  the  Swiss  or  Palatines  should 
lye  altogether  on  one  Spot  your  Petitioners  acquiesce  in  your  Majestys 
Pleasure  therein  or  are  willing  to  leave  it  to  your  Majestys  Governor 
there  to  lay  out  the  Lands  in  such  Districts  as  he  shall  think  most  for 
your  Majesty's  service. 

And  in  regard  to  the  great  charge  your  Petitioners  will  be  put  to  in 
this  undertaking  in  transporting  so  many  Persons  and  providing  them 
with  the  necessary  provisions  for  their  support  and  building  Houses  for 
the  receiving  them  and  also  in  the  surveying  and  laying  out  the  Lands 
which  will  amount  to  several  thousand  Pounds  sterling. 

Your  Petitioners  humbly  hope  your  Majesty  will  think  them  deserv- 
ing of  Encouragement  and  that  your  Majesty  will  be  graciously  pleased 
to  grant  them  the  liberty  aforesaid  and  that  the  Lands  should  with  all 
convenient  speed  be  laid  out  for  the  reception  of  the  said  Persons  so 
engaged  to  be  settled  And  that  your  Majesty  will  also  be  pleased  to 
recommend  it  to  your  Governor  thece  that  none  of  your  Majestys  Of- 
ficers should  exact  greater  Fees  upon  the  laying  out  the  said  Lands  than 
are  now  allowed  hy  the  Laws  of  tlie  «L'olony  and  to  be  paid  according  to 


256  COLONIAL  KECOKDS. 


the  usiuige  of  the  Country  And  that  your  Majesty's  Governor  should 
pass  the  said  grants  with  a  Clause  exempting  the  same  from  Quit  Rents 
for  tiie  space  of  Ten  Years. 

And  your  Petitioners  shall  ever  prav  etc 

MURRAY  CRYMBLE 

Reed:  June  9'"  1736  JAMES  HUEY 


What  is  proposed  by  Murray  Crymhle  James  Huey  and  their  Associates 

in  the  Settlement  of  the  Land  petitioned  for 

1°'.  After  the  lands  are  laid  out  we  intend  to  send  over  several  Work- 
men to  build  houses  for  the  reception  of  such  forreign  Protestants  as  are 
to  be  sent  over,  according  to  the  Undertaking  in  the  Petition. 

2'"y.  We  intend  to  lay  out  the  land  in  several  townships  in  such  man- 
ner and  at  such  distances  as  his  Majesty  or  his  Governour  in  North  Caro- 
lina shall  please  to  direct,  after  that  is  done  we  propose  to  supply  the 
people  that  go  over  with  provisions  for  the  first  year,  and  also  to  pro- 
vide them  with  Necessary  Materials  for  labour,  being  sensible  that  any 
engagement  of  that  nature  must  miscarry  if  the  first  undertakers  don't 
put  themselves  to  a  proper  expence  for  the  support  of  the  poor  Protestants 
that  go  over. 

3'"^.  We  propose  at  our  own  expence  to  pay  the  charge  of  surveying 
and  running  out  the  lands  which  will  amount  to  upwards  of  thirty  five 
shillings  sterling  ^  thousand  acres.  But  after  the  lands  are  laid  out  it 
is  to  be  hoped  we  shall  be  indulged  to  lay  them  out,  by  our  own  survey- 
ours  into  such  small  tracts  as  shall  appear  necessary  to  the  Undertaker 
in  forming  the  Settlement. 

4""'^.  After  the  Settlement  is  compleated  we  designe  to  cultivate  large 
tracts  of  the  aforesaid  lands  if  granted  for  the  use  of  the  parties  con- 
cerned in  this  undertaking,  and  to  put  thereon  several  thousands  of  ser- 
vants and  slaves  besides  those  we  are  engaged  to  settle. 

If  we  are  permitted  to  carry  on  the  Settlement  in  the  manner  we  pro- 
pose it  will  greatly  encrease  his  Majestys  revenue  in  the  quit  rents  and 
improve  the  trade  and  navigation  of  the  Colonies,  which,  in  time  will 
make  it  of  great  service  to  its  Mother  Country  in  raising  Naval  Stores, 
and  in  the  production  of  several  other  usefull  Commodities.  And  as  the 
heads  of  Pedee  River  and  Cape  Fear  River  are  the  only  places  where 
the  Jerankee  and  Calanbos  Indians  or  any  other  Indians  whatsoever,  that 
lye  between  them  and  the  head  of  the  Messisippee,  can  enter  into  the 
Province  of  North  Carolina,  a  settlement  properly  formed  there  will  be 
a  good  barrier  and  a  great  Inducement  to  the  farther  settlement  of  the 
Colonic.     Rece"  16'"  August  1736. 


COLONIAL  RECOKD8.  2o7 


Friday  17'"  Sept'  1736. 
[To  THE  Board  of  Trade,] 

As  your  Lordships  informed  us,  that  you  had  Proposals  before  you 
from  persons  of  Credit,  they  desired  to  be  admitte<I  to  take  up  large 
Tracts  of  land  in  South  Carolina,  which  they  were  willing  to  pay  the 
usual  Quit  Rents  for  from  the  date  of  the  Grants,  upon  which  your 
Lordships  desired  us  to  consider  of  that  aifair,  and  give  your  Lordships 
our  answer,  whether  or  no  we  were  willing  to  take  up  the  Lands  accord- 
ing to  the  proposall  in  our  Petition,  and  to  pay  the  usuall  Quit  Rents 
for  them  from  the  date  of  our  Grant.  In  answer  to  this  we  iuimbly  con- 
ceive, that  no  person  \vhatsoever,  tiiat  is  a  Judge  of  the  charge  attending 
so  large  a  settlement  as  we  have  proposed,  can  do  it  without  being  great 
sufferers  by  it;  to  explain  ourselves  the  more  fully  to  your  Lordships  we 
beg  leave  to  lay  a  state  of  the  case  before  you,  to  shew  your  Lordships 
what  the  necessary  expence  attending  such  a  settlement  must  be,  if  prop- 
erly executed,  which  is  as  follows. 

The  charge  of  bringing  down  6000  Swiss,  or  Palatines  to  Rot- 
terdam, at  20  shillings  f  head  is  £  6000 
Freight  from  Rotterdam,  to  Carolina  at  £5.  each  30000 
To  provide  them  with  provisions  for  the  first  year,  and  neces- 
sary materials  to  work  with,  £4  ^  head  24000 
The  charge  attending  the  survey  &  passing  the  Grants  2100 


62100 
The  whole  charge  of  forming  the  settlement,  as  appears  by  the  above 
Account,  amounts  to  £62100  and  as  a  settlement  of  this  nature  cannot 
well  be  finished  in  less  than  Ten  years,  the  undertakers  can  propose  no 
service  to  themselves  during  that  time  therefore  it  would  be  laying  them 
under  insurmountable  difticultys  to  make  them  subject  to  pay  four  shil- 
lings proclimation  money  '^  100  Acres  during  that  terme,  which  would 
amount  to  £1800  sterling  '^  annum;  and  tho  the  Settlers,  who  are  gen- 
erally poor  people,  are  obliged  to  be  answerable  for  these  advances  to  the 
Undertakers,  yet  as  the  whole  depends  on  their  success,  it  must  be 
allowed  to  be  very  precarious. 

The  lands  petitioned  for,  is  at  a  great  distance  from  any  settlement, 
and  will  greatly  improve  those  lands  that  lye  near  the  present  Inhabi- 
tants which  will  make  others  desireous  to  take  them  up,  after  a  proper 
Barrier  is  formed,  and  it  is  pretty  evident  to  us,  that  they  will  be  greater 
gainers,  in  paying  the  Quit  Rents  immediately  on  smaller  tracts  within 
our  Settlement  (if  we  are  admitted  to  take  up  the  lands  we  have  peti- 
tioned for)  than  we  who  are  the  first  undertakers,  are  in  having  an  exemp- 
tion from  Quit  Rents  for  10  years,  for  all  who  have  been  acquainted 
33 


258  COLONIAL  RECORDS. 


with  settlements  of  this  nature  do  agree,  that  the  expenee  is  more  than 
double,  to  such  as  undertake  them  at  first  to  what  it  is  to  others  that 
come  after,  for  after  a  proper  Barrier  is  formed,  those  who  may  have 
Grants  of  Lands  under  the  first  settlers,  can  easily  engage  such  as  come 
thereof  themselves,  to  settle  and  cultivate  them;  therefore  the  advantage 
that  the  Crown  will  receive  from  the  increase  of  the  Quit  Rents  in  the 
encouragement  of  Frontier  Settlements,  we  hope  will  appear  in  a  very 
full  light  to  your  Lordships,  particularly  in  our  case,  where  there  are 
not  less  than  eight  millions  of  Acres  of  Lands  to  be  taken  up,  between 
the  place  where  we  have  desired  the  liberty  of  taking  up  our  lands,  and 
the  present  settlement,  most  of  which  we  are  of  Opinion,  the  Crown  will 
dispose  of  on  much  better  termes,  and  much  sooner,  than  if  there  was 
no  settlement  formed  there. 

We  beg  leave  also  to  observe  to  your  Lordships,  that  North  Carolina 
hitherto  has  been  very  inconsiderable  in  trade,  their  exports  not  amount- 
ing to  £8000  sterling  ^  annum ;  when  at  the  same  time,  the  export  of 
South  Carolina  is  above  £116000  sterling  yearly^  which  we  apprehend  is 
only  owing  to  their  want  of  having  industrious  Settlers  amongst  them. 

As  to  the  Petition  for  Lands  in  South  Carolina,  that  lyes  at  present 
before  your  Lordships,  we  are  not  fully  acquainted  with  the  nature  of 
the  proposall,  so  we  cannot  properly  say  whether  that,  or  ours,  is  the  most 
advantageous,  but  if  it  should  prove  to  be  what  some  time  agoe  we  was 
informed  Two  or  three  Gentlemen  intended  to  apply  for,  it  is  pi-etty  easie 
to  be  accounted  for,  how  the  undertakers  may  with  great  advantage  pay 
the  Quit  Rent**  from  the  Date  of  their  Grants,  the  Proposal  that  we  had 
notice  of,  that  we  intended  to  be  laid  before  your  Lordships,  was  for  a 
Tract  of  12000  Acres  of  land  upon  Winyaw  River  and  another  Tract  of 
12000  Acres  on  the  River  May. 

Winyaw  lies  at  a  distance  of  about  85  miles  from  Charles  Town  South 
Carolina  and  that  River  is  the  entrance  of  Pedee  Wackamorn,  and  Black 
Rivers,  there  is  at  present  settled  at  Winyaw,  about  2500  people  besides 
severall  ships  with  passengers  that  are  gone  this  summer  to  Charles  Town 
South  Carolina,  where  there  are  settlements  run  out  for  them  at  the  head 
of  that  River,  almost  joyning  to  the  Line  which  is  rmi  between  South 
and  North  Carolina  which  is  not  above  50  or  60  miles  up  from  Winyaw 
the  number  gone  is  as  follows. 

In  the  William  and  Mary  of  Liverpool  from  Belfast  350  Passengers 
and  in  the  Oliver  Cap'  Walker  belonging  of  Mess"  Hopes  of  Rotterdam 
360  Palatines  &  another  small  ship  called  the  Catherine,  with  about  176 
Passengers  all  which  are  to  be  settled  under  the  line  that  divides  South 
and  Nortii  Carolina,  upon  Winyaw  River  besides  which  there  was  a  town- 


COLONIAL  RECORDS.  259 


ship  run  out  above  Two  yearji  agoe  lor  a  considerable  numljer  of  poor 
protestants  that  came  into  South  Caroh'iia,  and  are  since  fixed  there. 

Wiiat  we  want  to  prove  to  your  Lordships  is  that  the  lands  to  be  granted 
out  upon  Winyaw  River  are  a  great  way  within  the  settlements,  and  that 
they  have  also  a  proper  navigation  which  makes  the  other  proposall,  it'  it 
is  what  we  imagine  it  to  be,  very  diiferent  from  ours,  and  it  is  also  to  be 
remarked  that  those  settlements  upon  \Vin3-aw  lye  a  great  way  within  the 
Tract  of  Lands  that  we  have  petitioned  for  upon  the  head  of  Pedee 
River. 

We  are  now  to  beg  leave  to  lay  before  your  Lordships  an  account  of  the 
Situation  and  settlements  on  the  River  May;  that  River  lyes  about  120 
miles  from  Charles  Town,  and  about  20  miles  from  Port  Royall  which 
is  the  finest  Harbour  in  that  Province,  the  lands  upon  the  River  May 
are  mostly  taken  up  there  are  large  tracts  in  the  possession  of  Peter 
Colleton  Esq'^'^,  Robert  Wright  Esq",  Captain  Anson,  Captain  Gascoyne, 
M'  Walters,  M'  Murfey,  M'  Thorpe,  M'  Hunter  and  many  othei-s  who 
have  large  possessions  there,  besides  a  great  number  of  poor  People,  who 
have  small  tracts  of  lands  there,  and  have  long  settled  them  (but  as  we 
are  informed  cannot  shew  a  regular  Title)  the  lands  in  general  have  been 
very  valuable  upon  that  River,  which  upon  the  whole  we  humbly  con- 
ceive will  make  it  appear  to  your  Lordships  that  the  situation  of  the 
place  is  such  as  will  render  it  of  great  advantage  to  the  undertakers  to 
pay  the  Quit  Rents  from  the  date  of  the  Grant;  the  River  May  does  not 
go  above  30  or  40  miles  into  the  Country,  is  mostly  run  out,  and  lyes  a 
great  way  within  the  settlements  of  Purisburg  and  Georgia.  We  are 
fully  able  to  prove  what  we  have  here  asserted  if  your  Lordships  are 
pleased  to  order  us  so  to  do  and  if  your  Lordships  think  it  expedient  to 
give  grants  of  this  nature,  there  is  a  Gentleman  at  present  here  who 
came  lately  from  South  Carolina  (from  whom  we  had  a  great  part  of  this 
Information)  who  is  willing  to  take  up  Two  Tracts  of  land  of  12000 
Acres  each  upon  Winyaw  and  the  River  May  and  to  settle  them,  and  as 
a  security  for  his  so  doing,  is  willing  to  advance  the  Quit  Rents  of  four 
shillings  Proclimation  Money  ^  100  Acres  for  10  years,  which  will 
amount  to  about  £360  sterling  and  to  pay  tlie  same  immediately  upon 
passing  the  Grants  into  his  Majesty's  Treasury  here. 


24">Sep'  1736. 
[To  THE  Board  of  Trade,] 

The  last  time  I  was  admitted  to  attend  your  Lordships  you  desired 
me  to  let  you  know  if  we  were  willing  to  engage  to  pay  his  Majesties 
Quit  Rents  here  after  the  Expiration  of  ten  years  from  the  date  of  the 


260  COLONIAL  RECORDS. 


Grant.  I  have  since  consulted  with  some  of  the  Gentlemen  concerned 
with  me  and  we  are  of  Opinion  that  it  is  a  thing  that  cannot  be  done, 
particularly  in  so  large  an  undertaking  as  that  of  ours  is,  the  difficultys 
are  many  that  would  attend  this  method  of  proceeding  some  of  which  we 
begg  leave  to  lay  before  your  Lordships. 

1°'  We  are  oblidged  by  vertue  of  our  Grant  should  it  pass  to  settle  six 
thousand  Protestants,  they  are  to  pay  the  Quit  Rents  to  the  Crown  in 
tiie  same  method  as  practiced  by  the  Colonys  and  will  hold  thys  lands  by 
that  tenure,  but  should  the  undertakers  engage  to  pay  the  Quit  Rents, 
and  that  thys  should  be  only  a  private  covenant  between  them  and  their 
Tenants,  in  that  case  we  apprehend  we  should  be  under  a  necessity  to  take 
out  seperate  Actions  against  every  person  that  neglected  to  pay  his  Quit 
Rents,  there  are  particular  Laws  in  the  Colonys  to  inforce  the  payment 
of  the  Quit  Rents  to  the  Crown  but  in  our  case  it  would  be  considered 
only  as  a  common  Debt,  the  Crown  has  Officers  appointed  for  the  Col- 
lection of  the  Quit  Rents  and  his  Majesty's  Governour  is  to  direct  them 
aifairs  but  were  we  to  undertake  the  payment  of  the  Quit  Rents  into  his 
Majesty's  Treasury  we  can  have  no  relielf  but  at  an  Infinite  charge 
The  charge  of  the  Survey  will  amount  to  £2100 

The  charge  of  marking  out  the  severall   Disvisions  will 

amount  to  £2400 


£4500 
Therefore  as  we  shall  be  oblidged  to  advance  so  much  money  imme- 
diately, it  is  hoped  that  our  so  doing  will  be  look't  upon  as  a  Security, 
and  that  we  are  determined  to  carry  on  the  Settlement  in  a  proper  man- 


Memorandum  from  M''  Huey  containing  Some  Proposals  for  making  his 

Settlement  in  North  Carolina. 

When  we  had  the  honour  to  attend  your  Lordships,  we  proposed  that 
Murray  Crymble,  James  Huey  and  each  of  their  Associates  shotdd  (after 
the  whole  of  the  lands  are  Surveyed)  have  seperate  Grants  for  their 
respective  shares,  but  at  the  same  time  that  no  Grant  should  be  given 
for  a  less  quantity  than  12000  Acres  Our  reasons  for  desireing  this  from 
your  Lordships  is  that  if  we  were  only  to  have  one  General  Grant  for 
the  whole  of  the  Lands  to  be  run  out  and  that  some  of  the  partys  should 
settle  and  cultivate  their  respective  shares  according  to  the  undertakeing 
in  the  Petition  and  others  should  not,  that  in  such  case  we  are  of  Opin- 
ion those  that  have  settled  might  be  subject  to  the  Forfeiture  of  part  <jf 
their  Lands  and  we  apprehend  at  the  same  time  that  they  would  be  lyable 


COLONIAL  RECORDS.  261 


to  pay  tlie  Quit  Rents  of  the  whole  and  it  wunkl  have  tiiiis  fartiier  ineon- 
veniency  that  such  of  the  poor  people  who  are  to  go  and  settle  there 
could  not  have  a  proper  Title  made  out  to  them  for  in  ease  the  settle- 
ment was  not  oompleated  those  that  were  settled  would  be  subject  to  the 
Quit  Rents  of  the  whole,  this  objection  has  been  made  to  us  allready  by 
people  who  we  are  upon  termes  with  and  we  are  satisfyed  if  your  Lord- 
ships do  not  indulge  us  in  this  particular  it  will  be  out  of  our  power  to 
form  the  settlement  according  to  the  undertakeing  in  our  Petition,  there- 
fore what  we  beg  leave  to  propose  to  your  Lordships  is,  that  we  may 
have  seperate  Grants  given  us,  and  that  such  as  do  not  settle  the  num- 
bers they  engage  according  to  the  undertakeing  in  the  petition  should 
forfeit  such  part  as  they  have  not  settled  or  if  it  should  be  his  Majesty's 
pleasure  not  to  grant  the  lands  but  upon  condition  that  the  whole  should 
be  forfeited,  in  case  the  settlement  is  not  compleated,  we  are  ready  to 
acquiesce  therein. 

We  have  mentioned  to  some  of  the  other  Gentlemen  concerned  what 
your  Lordships  proposed  to  us  about  our  takeing  up  the  Lands  in  one 
Entire  Tract,  which  they  are  not  willing  to  agree  to  as  the  Lands  in  that 
case  must  be  first  survey'd  into  one  intire  Tract  and  afterwards  resur- 
veyed  into  different  parcelles,  which  by  the  Laws  of  the  Colony,  will 
entitle  the  surveyor  to  double  Fees,  and  we  are  also  apprehensive  that 
method  might  occasion  disputes  amongst  ourselves,  to  avoid  these  incon- 
veniences we  beg  leave  humbly  to  propose  to  your  Lordships  that  we 
may  be  admitted  to  take  up  the  Lands  in  different  Tracts,  but  at  the 
same  time  no  less  quantity  than  50000  Acres  should  be  run  out  in  one 
place  this  indulgence  has  been  granted  to  others  in  a  more  favourable 
manner  than  what  we  desire  besides  it  has  always  been  the  prac- 
tice of  the  Colonys  to  run  out  the  Lands  in  small  tracts,  and  such  as 
have  had  Grants  here  from  the  Crown,  have  allways  been  admitted  to 
take  up  Lands  in  the  manner  we  propose  to  take  up  ours  and  in  much 
smaller  parcells  we  humbly  conceive  that  no  persons  hitherto  have 
offered  more  advantageous  terms  to  the  Crown,  therefore  hope  there  is 
nothing  particular  in  our  case  to  exclude  us  from  the  like  favours  and 
'tis  our  Opinion  that  the  Crown  can  be  no  sufferer  from  this  as  there  is 
very  little  Swampy  lands  within  70  or  80  miles  from  the  Mountains  and 
it  appears  pretty  evident  to  us  that  it  will  be  more  for  the  service  of  the 
Colony  to  have  the  Lands  run  out  in  the  several  divisions  under  the  Re- 
strictions we  have  before  mentioned  than  it  would  be  to  have  the  lands  all 
run  out  in  one  Tract  for  in  that  case  such  Forreigners  that  settle  there 
would  retain  their  Language  and  their  children  would  not  have  the 
Opportunitys  of  learning  to  speak  English  which  would  allways  make 


262  COLONIAL  RECORDS. 


them  consider  themselves  as  a  distinct  people  ;  the  charges  attending  this 
settlement  will  be  very  great  therefore  we  submit  it  to  your  Lordships 
whether  or  no  we  do  not  deserve  suitable  encouragement  particularly  as 
we  desire  nothing  from  the  Crown  but  what  we  are  satisfied  your  Lord- 
ships would  grant  in  a  private  capacity  ;  for  instance  should  any  of  your 
Lordships  employ  us  to  improve  your  Estates,  we  doubt  not  but  at  the 
same  time  your  Lordships  would  make  us  a  reasonable  allowance  for  our 
expence  and  trouble  in  so  doing.  We  beg  leave  also  to  obviate  the 
objection  your  Lordships  made  against  our  desireing  that  we  should  only 
forfeit  such  part  of  the  lands  as  were  not  settled  according  to  the  under- 
taking in  our  Petition,  if  we  understood  your  Lordship.s  right  you  ap- 
prehend that  we  should  settle  the  best  of  the  Lands  first  therefore  if  the 
whole  of  the  settlement  was  not  made  the  Lands  that  would  revert  to 
the  Crown  would  be  of  the  worst  quality.  We  can  assure  your  Lord- 
ships with  great  Justice  that  would  not  be  the  case  as  it  is  our  Interest 
to  give  the  worst  of  the  Lands  to  the  first  settlers  for  tho  we  put  our- 
selves to  great  charge  in  settling  them  we  have  no  manner  of  service  by 
it  (further  than  to  ascertain  our  Titles)  as  we  give  the  Lands  to  the  peo- 
ple upon  the  very  same  terms  as  we  have  them  from  the  Crown,  from 
which  it  will  appear  clear  to  your  Lordships  that  it  is  our  Interest  to 
reserve  the  best  of  the  lands  unsettled,  as  that  is  the  onlj-  benefit  we  are 
to  have  to  answer  our  Expences. 

That  it  be  measur'd  out  in  fifty  thousand  Acres  Tracts  in  one  parcell, 
and  with  Liberty  to  have  power  to  have  that  fifty  Thousand  Acres  and 
seperet  grants  for  each  of  these  divisions.  JAMP^S   HUEY. 

Rec*Novemb:  17'"  1736. 


My  Lords  [of  the  Board  of  Trade] 

Being  informed  that  the  Right  Honourable  The  Lords  of  the  Commit- 
tee of  Council  have  referred  to  your  Lordships  consideration  the  follow- 
ing points  viz'  First,  what  shares  or  proportion  may  be  proper  to  be 
reserved  to  the  Crown,  out  of  any  Reegal  or  other  Mines  that  may  hap- 
pen to  be  discovered,  within  the  Land.  We  have  humbly  prayed  a 
Grant  of  in  the  Province  of  North  Carolina.  And  Secondly  to  consider 
any  new  Proposals  that  we  had  to  offer  touching  the  manner  and  i-e- 
spective  times  of  our  making  the  settlement  proposed. 

We  therefore  take  leave  to  acquaint  your  Lordships  that  as  to  the  first 
point,  we  are  willing,  and  ready  to  submitt  to  a  Reservation  of  one  fifth 
part  of  all  Gold  and  Silver  Ore,  and  to  one  tenth  of  the  Ore  of  all  otiier 
Mines,  and  minerals  whatsoever  that  shall  be  found  within  the  Lands  we 
have  petitioned  for,  and  as  to  the  other  point,  we  humbly  conceive  that 


COLONiAL  KKCORDS.  263 


we  have  all  ready  laid  before  your  Lord.sliip.s  the  nianiier  and  nature  of 
the  settlement  which  we  propose  to  make,  we  take  leave  to  assure  your 
Lordships  that  we  cannot  think  of  any  other  manner  in  which  we  can 
possibly  undertake  the  same,  as  to  the  respective  times,  within  which  we 
are  to  compleat  it.  If  by  that  is  meant  the  number  of  people  which  we 
are  to  transport  thither  every  year  we  must  inform  your  Lordships  that 
it  is  utterly  out  of  our  power  to  ascertain  that  number  from  the  many 
accidents  that  may  occur  and  therefore  cannot  pretend  to  tye  ourselves 
down  to  any  certain  number,  otherways  than  in  the  Gross  to  transport 
thither  Six  Thousand  people  within  the  space  of  ten  years. 

The  difficulty  in  settling  the  First  and  Second  Embarcation  will  be 
very  great  and  perhaps  much  more  so  than  the  settling  all  the  rest  but  if 
we  could  declare  ourselves  more  particularly  upon  this  head  We  appre- 
hend it  can  be  of  no  service  in  the  Crown  and  may  prove  very  preju- 
dicial to  us  espetially  if  it  was  to  be  made  a  condition  in  the  order  for 
our  Grant  for  as  we  must  be  obliged  to  show  the  same  to  the  Persons 
whom  we  are  to  carry  thither  to  evince  them  of  the  Title  we  have  to  the 
lands  they  would  by  that  means  perceive  of  what  consequence  they  were 
to  us  and  this  might  occasion  their  raising  their  Terms  against  us  and 
so  put  it  out  of  our  power  to  carry  on  this  undertaking  with  advantage 
to  ourselves. 

As  a  proof  that  our  Intention  is  to  settle  the  whole  of  the  Lands 
prayed  for,  we  do  not  desire  to  make  the  least  benefit  of  any  part  thereof, 
till  the  whole  is  surveyed  and  marked  out  and  as  that  will  be  attended  with 
an  Expence  of  about  Five  Thousand  Pounds  we  hope  it  will  be  looked 
upon  as  a  security  for  our  compleating  the  settlement. 

We  have  nothing  further  to  offi?r  to  your  Lordships  upon  this  point 
save  only  to  observe  that  as  it  is  our  interest  to  compleat  this  settlement 
so  it  is  not  to  be  doubted  but  we  shall  carry  it  on  with  all  Expedition 
possible. 

Which  is  most  humbly  submitted  to  your  Lordships  by 
My  Lords  yours,  &c.,  For  Self  &  Associates 

MURRAY  CRYMBLE 


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

So.  Carolina  Charlestown  Sep'  6""  1 737 
My  Lord  [Bishop  of  London] 

I  have  lately  rec''  a  letter  from  his  excellency  the  Governor  of  N.  Caro- 
lina of  which  the  following  is  a  paragraph  concerning  the  ill  behaviour 
of  M'  Boyd  the  Hon"'  Societj^'s  missionary  in  that  Colony. 


264  COLONIAL  RECORDS. 


After  having  expressed  much  concern  that  no  farther  assistance  was  to 
be  expected  from  the  hon*"'"  Society  towards  the  propagating  of  religion  in 
that  Colony  than  the  one  Missionary,  already  there,  His  excellency  sub- 
joins concerning  him  and  says,  "  But  what  makes  the  matter  still  worse 
is  that  this  very  missionary  is  one  of  the  vilest  and  most  scandalous  per- 
sons in  the  government.  I  gave  you  some  hints  of  his  Idleness  and  incli- 
nation to  drunkenness,  when  I  had  the  pleasure  of  seeing  you  at  Edeutou  ; 
but  since  that  time  I  have  heard  such  accounts  of  his  behaviour  as  are 
really  shocking,  particularly  that  on  a  Sunday,  this  spring,  at  noon  day 
he  was  seen  by  many  persons  lying  dead  drunk  (&  fast  asleep)  on  the  great 
road  to  Virginia,  with  his  horses  bridle  tied  to  his  leg  this  I  have  been 
assured  of  by  several  persons  of  the  best  credit  As  he  is  under  your 
inspection  I  hope  you  will  take  some  notice  of  such  horrid  practices."  I 
have  also  rec''  a  letter,  on  the  same  subject,  from  another  very  worthy 
gentleman  a  member  of  his  Majesty's  council  &  collector  of  his  Quit  rents 
in  that  province.  Concerning  M'  Boyd  he  saith  "  Whose  life  and  conver- 
sation would  be  scandalous  in  a  Layman,  much  more  so  in  one  of  his 
function.  Drunkenness  in  a  most  open  manner  is  his  frequent  practice,  & 
I  was  told  by  the  chief  Justice  when  I  was  last  at  Edenton,  that  he  was 
found  one  Sunday  in  that  condition  fast  asleep,  on  the  road  nigh  the  town 
in  short  he  is  I  think  a  man  in  all  respects  of  as  bad  principles  as  any  I 
have  ever  seen,  considering  his  education;  from  whence  you  will  form  a 
judgement  how  the  interest  <jf  religion  is  carried  on  under  his  ministry." 

I  am  so  far  from  the  least  doubt  of  the  truth  of  tiie  above  informa- 
tions, that  they  would  have  met  witli  entire  credit  from  me,  had  they 
come  from  persons  of  much  less  Known  Honor  &  integrity  than  they 
do.  For  when,  about  2  years  ago,  I  came  thro  that  province,  in  my  way 
from  N  England  to  So  Carolina,  I  had  such  intimations  given  me,  not 
only  by  the  Governor,  but  the  people  of  Berty  county  in  general  of  M' 
Boyds  ill  behaviour,  with  respect  to  drunkenness  &  neglect  of  duty,  that 
I  should  certainly  have  then  made  a  legal  enquiry  into  it,  but  that  neither 
had  I  my  commission  with  me,  nor  could  I  spare  so  much  time  (the 
winter  at  hand  and  at  that  distance  from  home)  as  would  have  been  nec- 
essary for  that  purpose.  And  as  tis  now  impracticable  for  me  to  leave  my 
charge,  &  go  to  Edenton  (distance  from  hence  about  400  miles)  to  make 
such  enquiry;  All  I  can  do  in  the  case  is,  thus  to  transmit  it,  in  the  best 
light  I  can  to  the  hon"'  Society,  not  without  hopes,  that  they  will  soon 
decide  upon  it,  to  discharge  that  unworthy  Missionary  from  their  service, 
or  rather  from  adding  to  the  real  disservice  lie  has  already  done  them. 

The  Governor  &  Council  of  that  colony  have  it  much  at  heart,  to 
obtain  a  Legal  Establishment  of  a  competent  maintainance  for  the  Clergy ; 


COLONIAL  RECORDS.  265 


but  the  unhappy  discord,  subsisting  twixt  them  &  the  commons  House 
of  Assembly,  about  civil  concerns,  has  hitherto  obstructed  it,  meantime 
they  think  that  the  pension  of  j£80  per  ann  allowed  Boyd,  by  the  hon"' 
Society,  would  be  applyed  to  the  best  advantage,  if  £25  a  piece  were 
given  to  the  two  Clergymen  at  Bath  town  &  New  Berne,  who  are  in 
great  poverty;  &  the  remaining  £30  to  some  sober  clergyman,  to  be  sent 
over  to  Bladen  Precinct,  where  the  Governor  is  settled,  &  where  he 
assures  me  his  neighbourhood  arc  well  disposed  to  join  witii  him,  for 
making  it  up  a  handsome  maintainance. 

I  humbly  crave  your  L'^ships  blessing,  &  am.  My  Lord, 

A.  GAilDEN. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  32.] 

Sir,  [the  Secretary  of  the  Board  of  Trade] 

I  am  sorry  there  is  nothing  done  with  regard  to  the  Blank  Patents,  it 
being  impossible  to  go  on  with  Publick  Business  here  till  their  fate  is 
determined  one  way  or  the  other.  For  my  part  I  dare  not  give  up  so 
much  of  the  only  Revenue  the  King  has  here,  and  the  Fund  from  whence 
the  Officers  Sallaries  are  paid  without  Orders  or  at  least  a  Permission 
from  home,  so  if  the  Attorneys  Opinion  should  not  come  these  seven 
yeare  (this  is  now  the  third  year  that  it  has  been  lying  before  him,  and 
the  fifth  year  that  the  other  Question  relating  to  our  Ijaws)  for  anything 
I  can  see  all  our  Aifairs  must  remain  in  susj)ence  until  then,  this  I  have 
hinted  at  more  than  once  already.  I  would  thank  you  heartily  for  the 
Copy  of  M'  Burrington's  answer  if  I  had  not  seen  it  above  in  Print  six- 
teen months  ago  when  it  was  dispersed  thro  the  Province  as  a  Masterpiece 
infinitely  esteemed  by  the  Board  of  Trade  and  by  them  referred  to  the 
Attorney  General  which  last  indeed  I  never  did  believe  until  you  wa.s 
pleased  to  inform  me  of  it.  I  am  sure  that  paper  with  some  others  sent 
over  by  the  said  Person  have  done  a  vast  deal  of  mischief  and  embold- 
ened the  Lower  House  of  Assembly  to  order  the  Officei-s  who  were  col- 
lecting the  Quitt  rents  into  Custody  during  the  time  of  Collection  for 
which  attempt  1  was  oblidged  to  dissolve  them  as  T  wrote  you  from  New- 
bern  last  March,  M''  Burrington  holds  upwards  of  Fifty  Thousand  Acres 
of  Land  for  these  Patents  and  by  what  I  can  find  since  my  arrival  here 
never  gave  himself  the  Trouble  to  consider  the  Validity  of  them,  or  anv- 
thing  else  relating  to  the  Revenue.  I  have  no  remarks  to  make  upon  his 
Paper  for  I  dont  find  anything  in  it  which  invalidates  any  Proposition 
34 


266  COLONIAL  RECORDS. 


advanced  in  my  representation.  There  are  indeed  some  low  Jokes  and 
personal  reflections  scattered  up  and  down,  but  as  I  find  that  Gentleman 
has  upon  another  occa.sion  made  at  least  equally  free  with  the  Lords  of 
Trade  themselves  I  think  I  have  no  occasion  to  complain. 

The  only  thing  I  shall  take  notice  of  in  M'  Burrington's  Paper  is  of 
the  Patents  which  were  issued  for  the  payment  of  those  Gentlemen  who 
run  the  Boundary  line  betwixt  this  Province  and  Virginia  the  lands 
claimed  by  these  Patents  do  not  in  all  amount  to  100,000  acres  but  upon 
this  Pretence  there  have  been  Patents  sold  for  upwards  of  400,000  acres 
and  every  days  experience  convinces  me,  that  some  people  have  still  a 
good  stock  of  them  in  their  custody  which  they  can  fill  up  as  they  please 
and  lay  upon  anybodys  land  they  think  proper  which  I  am  affraid  will 
be  a  fresh  occasion  of  perpetuating  the  disorders  of  this  unhappy  Country 
if  they  are  confirmed.  Tho  my  opinion  which  I  formerly  oifered  to  their 
Lordships  on  this  subject  does  not  seem  to  be  much  approved  by  them  I 
can't  help  proposing  one  Expedient  more  which  appears  to  me  exceed- 
ingly fair  and  that  is  to  allow  all  those  Patents  which  were  issued  for  pay- 
ment of  the  charges  in  running  the  Line  amounting  betwixt  ninety  and 
one  hundred  thousand  acres  at  the  rents  reserved  in  the  said  Patents  and 
the  Attorney  General  here  have  orders  to  vacate  all  those  I  proposed  to 
be  declared  Null  and  Void  in  my  Ijetter  of  last  November  in  his  Majes- 
ty's Court  of  Exchequer,  by  this  tiiere  will  be  no  occasion  to  trouble 
his  Majesty  in  Council  the  Revenue  will  not  suffer  a  great  deal  and 
every  one  who  possesses  these  Patents  will  have  a  fair  opportunity  of 
defending  them  or  if  they  please  to  resign  them  they  may  hold  the  same 
lands  at  4*  per  hundred  acres.  If  this  wont  do  I  despair  of  being  able 
to  offer  anything  which  will  less  hurt  the  Crown  and  at  the  same  time  be 
favourable  to  these  People,  and  I  think  it  may  be  put  into  Execution 
without  loss  of  time  or  waiting  for  any  opinion  of  the  Attorney  General 
there  not  being  the  least  Pretence  for  Justice  issueing  any  other  Patents 
before  his  Majestys  Purchase.  Upon  the  whole  all  I  beg  is  only  Direc- 
tions about  this  troublesome  affair  which  I  shall  most  punctually  obey.  I 
look  upon  that  part  of  your  answer  relating  to  the  Quitt  rents  as  an  abso- 
lute Prohibition  to  receive  Quitt  rents  in  any  Commodities  and  shall 
observe  it  accordingly,  what  has  been  already  paid  of  the  arrears  was 
received  mostly  in  current  Bills  of  this  Province  at  the  Exchange  of 
seven  for  one  ster :  money.  Tho  indeed  in  Virginia  and  other  jilaces  where, 
they  Trade  they  pass  generally  at  9  to  10  for  one,  but  as  there  was  a  good 
arrear  due  it  was  thought  proper  for  the  ease  of  the  peojjle  to  take  it  at  7 
wiiich  was  a  great  loss  to  me  and  all  the  Officers  wliose  sallaries  are  paid 
out  of  the  Quitt  Rents  for  with  £7  Currency  which  we  received  for  one 


COr.ONIAL  RECORDS.  267 


pound  sterling  we  cannot  purchase  Goods  to  the  Value  of  Fourteen  shil- 
lings sterling  but  we  chearfully  submitted  to  this  loss  (about  30  per  cent 
of  our  Salaries)  in  order  to  reconcile  the  people  to  the  payment  of  their 
Rents  a  thing  quite  new  to  them  by  the  negligence  of  former  Governors. 

By  the  Law  which  establishes  the  currency  these  Bills  were  ordered  to 
pass  as  they  pretend  at  5  for  1  sterling  but  as  they  have  in  reality  always 
passed  at  10  and  it  was  a  favour  to  receive  his  Majesty's  rents  in  current 
Bills  at  all  we  declared  we  would  not  receive  them  at  less  than  7.  for  1. 
and  as  their  value  is  not  advanced  I  am  of  opinion  it  will  be  necessary 
to  fix  the  exchange  higher  for  the  future. 

I  must  not  ommitt  to  inform  my  Lords  of  Trade  by  you  that  at  last 
General  Court  at  Edcnton  a  man  was  impris(^ned  for  insulting  the  Mar- 
shall in  the  Execution  of  his  Office  during  the  sitting  of  the  Court  The 
People  of  the  Precincts  of  Bertie  and  Edgecombe  which  lye  next  Vir- 
ginia believing  he  was  called  in  question  about  his  Quitt  rents  rose  in 
arms  to  the  number  of  500  and  came  within  five  miles  of  the  Town  in 
order  to  rescue  him  by  violence.  Cursing  his  Majesty  and  uttering  a  great 
many  rebellious  speeches.  The  fellow  thought  proper  to  pay  his  fine  and 
beg  pardon  of  the  Court  before  they  came  so  near  the  Town  and  by  this 
means  no  mischief  ensued  but  they  threatened  the  most  cruel  usage  to 
such  persons  as  durst  come  to  demand  any  quitt  rents  of  them  for  the 
future.  It  is  only  in  these  two  Precincts  that  the  people  have  dared  to 
get  together  in  a  Body  and  how  to  quell  them  I  cannot  tell  if  they  should 
attempt  an  insurrection  against  next  collection.  I  have  suggested  some- 
thing to  M"'  McCnlloh  which  without  much  Trouble  might  do  great 
Service  in  this  case  if  my  Lords  please  to  pay  any  regard  to  it  and  it  be 
done  speedily.  I  shall  take  care  in  all  Events  to  do  my  Duty.  I  have 
sent  M"  McCulloh  for  their  Lordships  Inspection  part  of  a  Crop  of  Silk 
I  made  truely  and  Bona  Fide  on  my  own  Plantation  this  year.  I  was 
oblidged  to  feed  the  Worms  mostly  with  wild  Mulberries  but  next  year 
some  hundreds  of  my  Italian  Mulberries  will  be  in  bearing  and  I  dont 
doubt  to  make  finer  tho  this  is  reckoned  not  at  all  amiss  for  a  beginning. 
I  have  at  last  gott  from  the  Commissioners  an  account  of  their  Charges 
in  running  the  Boundary  Line  with  a  Draft  of  so  much  of  it  as  is  already 
done  which  I  send  to  you  for  their  Lordships  use  by  this  Conveyance.  I 
hope  my  Lords  of  Trade  will  be  so  good  as  to  take  the  other  points  I 
mentioned  in  mine  of  the  15*  Oof  and  Nov''  29""  1736  into  their  con- 
sideration very  soon  I  have  often  suggested  that  this  Province  has  never 
been  regularly  settled  and  that  a  few  vigorous  Declarations  from  the  Board 
of  Trade  would  have  a  very  great  Eifect  the  people  seem  here  to  be  per- 
suaded that  they  may  do  what  they  please  and  that  they  are  below  the 


268  COLONIAL  RECORDS. 


notice  of  the  King  and  his  ministers  which  makes  them  highly  insolent 
they  never  were  of  any  service  to  the  Lords  Proprietors  and  if  something 
is  not  speedily  done  to  convince  them  that  his  Majesty  will  not  be  so  nsed 
I  am  afraid  they  will  be  of  as  little  profit  to  the  Crown 

I  am,  Sir,  &c.,  GAB :  JOHNSTON. 

Cape  Fear  Oct' 6*  1737. 

P.  S. — I  have  been  lately  informed  that  M'  Moseley  has  several  of  M' 
Little's  the  Receiver  General  under  the  Lords  Proprietors  accounts  in  his 
Custody  upon  which  I  ordered  M'  Allen  to  demand  them  of  him  but  he 
positive[ly]  refused  to  give  them  up,  tho  they  are  oflfice  papers  alledging 
that  he  was  accountable  for  them  to  Little's  Executors. 

P.  S. — M'  Moseley  has  refused  to  deliver  the  Papers  relating  to  the 
Revenue  that  he  has  of  the  late  Receiver  Generals. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  47.  p.  15.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday  January  25'"  173f 
Present  Earl  Fitz- Walter 
Col.  Bladen.  M'  Brudenel.  M'  Plumer 

M'  Ashe.  Sir  A.  Crofte.  M'  Pelham 

Sir  O.  Bridgeman. 
The  Board  taking  again  into  consideration  the  letter  from  M'  John- 
ston Gov''  of  North  Carolina  dated  the  IS*  of  Oct'  and  read  the  17'"  of 
Dec'  last  and  M'  M'Culloh  his  Agent  attending  the  Board  had  some 
conversation  with  him  upon  the  several  matters  mentioned  in  the  above 
letter  and  gave  directions  for  sending  the  Biennial  law  meniioned  in  the 
said  letter  to  M'  Fane  for  his  opinion  thereupon  in  point  of  law  and  to 
reconsider  this  letter  tomorrow  se'nnight. 

[Page  27.  J 

Thursday  February  10*"  173f. 
Letter  from  M'  M°Culloh  Agent  for  North  Carolina  relating  to  several 
points  contained  in  the  Gov''°  letter  read  and  some  directions  were  given 
for  preparing  the  Draft  of  an  Answer  to  the  Gov"'  aforesaid  letter 

[Page  43.J 

Friday,  March  ll'"  173f 
A  Memorial  from  M'  Ocks  concerning  the  Swiss  settling  in  America 
but  particularly  in  North  Carolina  was  read  and 


COLONIAL  RECORDS.  269 


An  Answer  from  M'  Jenner  &  his  friends  who  proposed  to  settle  a 
Colony  of  Swiss  in  North  Carolina  containing  some  terms  upon  which 
they  are  willing  to  settle  (rec''  from  M'  Ocks)  was  read  And  the  Board 
desired  Lord  Fitz- Walter  to  mention  these  two  papers  to  the  Lords  of 
the  Committee  when  the  Board's  Report  of  the  7""  May  1736  shall  i)e 
taken  into  consideration  at  the  Committee  it  appearing  by  these  papers 
that  tlie  Swiss  do  not  agree  to  the  terms  therein  proposed  tho'  agree<l  to 
by  the  said  Jenner  when  the  Report  was  made. 

I'Page  63.] 

Thursday  April  7*  1737. 

An  Order  of  the  Committee  of  Council  directing  the  Board  to  receive 
further  proposals  from  Messrs.  Crimble  &  Huey  witii  regard  to  their  set- 
tling the  Land  petitioned  for  by  them  upon  which  the  Board  reported 
the  24"'  Nov^  last  and  with  regard  to  the  share  in  all  mines  to  be  reserved 
to  the  Crown  was  read,  And 

M'  Crimble  attending  he  presented  to  the  Board  a  paper  containing 
his  further  Proposals  upon  the  subject  above-mentioned  which  were  read 
And  orders  were  given  for  preparing  the  Draft  of  a  Report  for  inclosing 
a  copy  thereof  to  the  Lords  of  the  Committee 

[Page  64.1 

Tuesday  April  19*  1737. 

M'  M°Culloh  Agent  for  the  Gov''  of  North  Carolina  desired  their 
Lordships  would  please  to  consider  the  Biennial  Law  of  that  Province 
and  lay  the  same  before  his  Majesty  to  be  repealed 

Their  Lordships  then  read  &  considered  M''  Fane's  Report  against 
the  said  Law  and  gave  directions  for  preparing  the  draft  of  a  Report  for 
repealing  the  same. 

The  Draught  of  a  Report  upon  the  Order  of  the  Committee  of  Council 
read  the  7"'  inst.  directing  the  Board  to  receive  further  proposals  from 
Messrs.  Crymble  &  Huey  with  regard  to  their  settlement  proposed  in 
North  Carolina  was  agreed  to  and  ordered  to  be  transcribed 

[Page  66.] 

Wednesday  April  20*  1737. 

Draft  of  a  Report  ordered  yesterday  to  be  prepared  for  repealing  the 
Biennial  Law  was  agreed  to  and  signed. 

The  Report  to  the  Lords  of  the  Committee  for  inclosing  the  further 
proposals  from  Messrs.  Crimble  &  Huey  relating  to  their  proposed  set- 
tlement in  North  Carolina  and  to  a  reservation  of  a  certain  proportion 
of  mines  &c.  was  agreed  to  &  signed. 


270  COLONIAL  RECORDS. 


Friday  April  22"''  1737. 
Letter  from  M'  Johnston  Govern'  of  North  Carolina  dated  29  Nov. 
173G  relating  to  Quit  Rents,  Blank  Patents  &c.  was  read  And  the  Draft 
of  a  letter  to  M'  Johnston  was  agreed  and  ordered  to  be  sent. 

[Page  130.] 

Wednesday  June  8'"  1737. 
M'  John  Crawford  attending  in  behalf  of  M'  Skeene  and  Abercromby 
whose  petition  was  read  the  24"'  ult"  praying  for  some  allowance  in  con- 
sideration of  their  having  run  out  the  bounds  between  South  and  North 
Carolina  and  desiring  the  Board  would  please  to  consider  the  same  M' 
Abercromby  one  of  the  petitioners  being  very  ill  in  Scotland  and  not 
able  to  attend  the  Board  Their  Lordships  took  the  said  petition  into 
their  consideration  &  gave  directions  for  preparing  the  Drafl  of  a  Ress" 
thereupon 

[Page  150.] 

Friday  July  8'"  1737. 
Two  Copies  of  Orders  in  Council  of  19*  May  last  approving  the  pro- 
posals made  by  Messrs  Crimble  &  Huey  for  settling  a  tract  of  land  in 
North  Carolina  &  ordering  the  said  Tract  to  be  laid  out  and  surveyed 
were  read. 

[Page  176.] 

Wednesday  Sept'  7'"  1737. 
Letter  from  M'  Allen  Receiver  of  the  Quit  Rents  in  Noi'th  Carolina 
complaining  of  obstructions  in  the  receipt  of  the  Quit  rents  was  read 
and  Ordered  that  M'  Le  Hemp  Deputy  to  M'  Walpole  Auditor  of  the 
Revenue  in  the  Plantations  be  desired  to  attend  the  Board  on  this  sub- 
ject on  Wednesday  next 

[Page  178.] 

Wednesday  Sept'  14*  1737. 
Copy  of  an  Order  in  Council  for  repealing  the  Biennial  Law  of  North 
Carolina  was  read. 

[Page  181.] 

Wednesday  Sept'  21"  1737. 
Letter  from  M'  Johnston  Gov'  of  North   Carolina  dated  the  30""  of 
April  last  was  read. 


COLONIAL  RECORDS.  271 


[From  the  MSS.  41ecords  op  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newton  the  1"  day  of  March  173f. 

Present  His  Excellency  the  Governor, 
rni     TT     -1  1    f  Nath  Rice         Math  Rowan  1  Esq"  Members  of  his 
rheHonoblej  Rich*  Halton  /     Majesty's  Council 

The  Assembly  having  been  prorogued  to  this  Day  and  a  sufficient 
number  to  make  a  House  of  Burgesses  or  upper  House  not  appearing 
His  Excellency  was  pleased  by  and  with  the  advice  and  consent  of  His 
Majestys  Council  further  to  prorogue  the  same  to  Thursday  the  3* 
Instant. 


At  a  Council  held  at  Newbern  the  S*  March  173^ 

Present  His  Excellency  the  Governour 

Tl     U     -II    /  Nath  Rice         Math  Rowan    \  Esq"  Members  of  His 
Xiie  ±lonolile|  ^^^,  g^,^.^^^     ^^^^,  Moseley  j       Majestys  Council 

His  Excellency  communicated  a  L"  from  the  Gov"'  of  S°  Carolina 
advising  of  the  preparations  of  tiie  Spaniards  to  invade  Georgia  and 
desiring  that  proper  Precautions  might  be  taken  here  to  prevent  their 
being  supplyed  with  provisions  from  this  Province  and  His  Excellency 
desiring  the  Council's  advice  thereon  they  are  of  opinion  the  same  should 
be  laid  Ijefore  the  Assembly 

The  4""  of  March     Present  His  Excellency  the  Governour  The  Hon- 

oble  Will  Smith  Esq'  President 

rpi     TT     -11    f  Nath  Rice         Math  Rowan    1  Esq"  Members  of  His 
ine  nonoDie|  ^^^,  pj^j^^^^     p^^^^a  Moseley  /      Majestys  Council 

His  Excellency  having  commanded  the  Attendance  of  the  lower  House 
they  accordingly  presented  themselves  at  the  Council  Chamber  where  his 
Excellency  delivered  the  following  speech  to  both  Houses  Viz' 

Gentlemen  of  the  Council  Mr  Speaker  and   Gentlemen   of 

THE  House  of  Burgesses 

It  is  so  short  a  time  since  I  laid  the  miserable  state  of  your  public  Affiiirs 
before  you  that  I  flatter  myself  I  have  no  occasion  to  remind  yon  of  them 
at  present  I  shall  only  therefore  once  more  assure  you  that  if  you 
are  disposed  to  take  any  measures  for  maintaining  and  establishing  the 
public  Worship  of  Almighty  God  making  any  provision  for  the  Educa- 
tion of  Youth  or  the  Reformation  and  better  execution  of  your  Laws  I 


272  COLONIAL  RECORDS. 


am  come  with  a  most  sincere  Intent;ion  of  concurring  with  you  in  pro- 
moting such  valuable  Ends  or  in  any  other  Law  which  may  be  proposed 
for  the  real  advantage  of  the  province 

I  recommend  it  to  you  in  a  particular  manner  to  appropriate  the  pow- 
der money. 

As  this  Revenue  is  levied  upon  shipping  and  there  are  no  Ports 
in  the  Country  in  iny  opinion  the  most  just  and  natural  way  is  to  ap- 
ply it  to  the  Improvement  of  the  navigation  of  such  Ports  where  the 
same  is  collected.  This  will  be  highly  necessary  if  ever  any  public 
encouragement  is  given  in  this  Colony  (as  it  is  in  all  the  neighbouring 
Ones)  to  raise  cofnodities  which  are  of  value  at  home  and  by  so  doing 
relieve  the  people  from  paying  such  excessive  prices  for  European  Goods 
as  they  do  at  present.  It  is  possible  some  future  Assembly  may  mind 
the  true  Interests  of  their  Country  more  than  vain  unnecessary  Disputes 
and  if  you  will  do  nothing  else  Gentlemen  I  think  you  ought  to  pave 
the  way  for  such  an  Assembly. 

I  have  received  Intelligence  by  an  express  from  the  Governour  of 
South  Carolina  that  there  is  an  Armament  of  Spanish  Ships  of  War  and 
Troops  preparing  at  the  Havand  to  be  sent  to  St  Augustine  and  from 
thence  to  attack  the  new  colony  of  Georgia  and  the  Province  of  South 
Carolina  and  that  they  were  taking  all  tlie  necessary  Precautions  to  put 
the  Country  in  the  best  posture  of  Defence  upon  such  an  occasion  Gent" 
[I]  think  the  least  you  can  do  is  to  make  a  more  effectual  Law  than  the 
j)resent  is  for  raising  the  Militia  that  you  may  be  able  if  there  should  be 
occasion  for  it  to  Defend  yourselves  and  show  your  gratitude  to  ids  Maj- 
estys  subjects  in  that  Province  who  came  so  generously  and  so  seasonably 
to  your  Relief  when  in  the  Extremity  of  Distress. 

The  season  of  the  year  and  many  other  circuaistances  may  easily  con- 
vince you  that  this  can  be  no  long  Session  I  therefore  expect  you  will 
loose  no  time  in  Dispatching  the  public  Business. 

The  Lower  House  of  Assembly  having  Ordered  His  Majestys  Officers 
into  Custody  for  distraining  for  his  Majesty's  Quit  Rents  to  discourage 
and  put  a  stop  to  such  pernicious  practices  derogatory  to  the  Crown  and 
subversive  of  Order  and  good  Government  His  Excellency  thought  fit 
by  and  with  the  advice  and  consent  of  his  Majesty's  Council  to  dissolve 
this  Assembly  and  accordingly  tis  Ordered  a  Proclamation  be  fortiiwith 
published  declaring  this  present  Assembly  to  be  dissolved  for  the  afore- 
said Reasons. 


COLONIAL  KECOKUS.  27:3 


At  a  Council  held  at  Newljern  the  7""  March  173(5  [17:37] 
Present  His  Excellency  the  Goveriiour 

;Will  Smith         Mathew  Rowan      ')     Esq"  Members 
Nath  Rice  Edward  Moseley    >  of  His 

Rob  Halton  J  Majestys  Council 

Read  the  Petition  of  George  Bullock  eldest  son  of  Tristram  Bullock 
deceased  praying  a  Patent  for  300  Acres  in  Onslow  precinct  joining 
Gi'ant's  Plantation  for  which  the  said  Tristram  had  a  Warrant  which 
was  opposed  by  M'  Starkey  who  informed  the  Board  that  the  said 
Tristram  in  his  Life  time  had  often  told  him  the  said  Starkey  that  he 
intended  the  said  land  for  his  Son  Jeremiah  Bullock  to  which  being 
sworn — 

Ordered  tiiat  a  Patent  issue  to  the  said  Jeremiah  son  of  the  said 
Tristram  Bullock. 

Read  the  Petitions  of  sundry  Persons  for  Patents  as  follows  viz' 

George  Kernegees  200  Craven,  Adam  Moor  150  Craven,  W"  Wilson 
400  Craven,  William  Herritage  293  Craven,  George  Stronger  640  D°, 
George  Roberts  461  D",  D°  160  D°,  Mary  Trotter  995  D°,  Daniel  Shine 
200  D°,  Jno  Cox  320  N.  Hanover,  Kath  Miller  640  Craven,  Jacob 
.Simmonds  250  N.  Hanover,  Joseph  Inson  300  D°,  Roger  Moore  Esq' 
1000  D°,  Richard  Eagles  800  D°,  Jno  Simmonds  250  N.  Hanover,  W" 
Farmer  367  Craven,  John  Fonville  640  D",  Alex'  Grant  640  Onslow, 
Stephen  Howard  640  D",  Carry  Godbee  200  Carteret,  Rich"  Price  640 
N.  Hanover,  John  Dalzil  200  Bladen,  Tho"  Hodges  120  D",  Rich" 
Elliot  200  Craven,  Andrew  Bass  100  D°,  Edw"  Lowl  507  Onslow,  Ed- 
ward Ploward  640  D°,  Thos  Murphy  Jun'  300  Craven 

Ordered  that  Patents  issue  accordingly. 

Read  the  Petition  [of]  Thomas  Smith  setting  forth  that  lie  liad  purchased 
a  Plantation  at  Turkey  Quarter  near  Neuse  River  on  which  a  house  was 
Built  and  other  improvements  made  that  James  Green  obtained  a  War- 
rant for  three  hundred  and  five  acres  near  the  said  Plantation  that  the 
Surveyor  first  executed  M'  Greens  Warrant  and  in  such  manner  as  to 
include  your  petitioners  Land  in  the  Survey  altho  there  was  vacant  Land 
sufficient  that  Greens  survey  contains  near  500  acres. 

Therefore  your  petitioner  pi-ays  an  order  to  resurvey  M'  Greens  land 
and  that  the  surplus  be  granted  to  your  Petitioner. 

Ordered  that  the  Surveyor  General  or  his  Deputy  resurvey  the  atbre- 
said  Land  and  return  his  doings  therein  to  this  Board. 

Read  the  petition  of  James  Keith  praying  a  patent  for  500  Acres  of 
land  on  the  N°  side  of  Nuse  River  in  Craven  precinct  Andrew  Bass 
opposed  the  said  Petitions  having  a  Warrant  which  had  been  survej'ed 

35 


274  COLONIAL   KECORDS. 


the  Lines  of"  wliitdi  Survey  Intersected  the  others  and  it  so  appearing  to 
this  Board  by  the  two  platts 

Ordered  tliat  both  tracts  be  resurveyed  and  that  the  Surveyor  carefully 
observe  the  Kings  Instructions  in  doing  the  same  and  that  he  make  return 
thereof  into  the  Secretary's  Office 

At  a  Council  held  at  Newbern  the  8'"  day  of  March  1736  [1737] 
Present  His  Excellency  the  Governour. 
C  Will  Smith     Rob'  Halton  ~|     ^^^  „  Members  of  his 

The  Hon6ble<  Nath  Rice       Math  Rowan  V     '' X  •    <.      r^         ■\ 
\  Edw^Moseley  /        Majestys  Councd 

Read  the  following  Petitions  for  Patents  which  are  granted  Viz' 
Henry  Bishop  500  N.  Hanover,  W™  Heritage  326  Craven,  Geo  Tay- 
lor 236  D",  Jere  Murphy  264  D°,  Maurice  Moore  600  N.  Hanover,  Nath 
Rice  640  N.  Hanover,  Henry  Stanton  320  Carteret,  W"  Shewbridge  640 
Onslow,  David  Evans  640  N.  Hanover,  Nich'  Bryant  372  Carteret 
Ordered  that  Patents  issue  accordingly 

At  a  Council  held  at  Newbern  the  9'"  March  1736  [1737] 
Present  His  Excellency  the  Governour 

{W"  Smith     Math  Rowan    1    17.    „  at      1  c  u- 

Nath  Rice     EdW  Moseley  I  ^\  ^^f^f^  -f  H'^ 
Rob'  Halton  j        ^^J^^*^^  <^"""'''l 

Read  the  following  Petitions  for  Patents  Viz' 

Frederic  Isler  260  Craven,  John  Dunning  150  Bertie,  John  Simmons 
640  Craven,  John  Hill  200  Ditto,  James  Derham  400,  W""  Maxwell 
590  Craven,  Philip  Trapnel  250  Ditto,  Martin  Franks  640  Ditto,  D° 
640  Ditto,  Richard  Dunn  80  Bladen,  W"  Powers  in  his  pet°=  320  Ditto, 
Francis  Stringer  640  Craven,  Magdalen  Campbel  640  Bladen,  W" 
Grace  250  Bladen,  Orlando  Champion  120  Chowan,  John  Anderson  640 
N.  Hanover,  Randolph  Fisher,  180  Craven,  Martin  Franks  3000  Ditto, 
Ditto  1000  Ditto,  Ditto  882  Ditto,  John  Wiggins  300  Ditto,  Eleazer  Allen 
320  N.  Hanover 

Ordered  that  patents  issue  accordingly 

Read  the  petition  of  John  Montgomery  Esq'  setting  forth  that  one 
Richard  Evans  obtained  a  W^arrant  for  300  Acres  of  Land  on  Barnetts 
Creek  in  New  Hanover  Precinct  That  the  Petitioner  purchased  the  said 
Land  from  Evans  he  therefore  prayed  a  patent  in  his  own  name 

Ordered  that  the  last  Courts  order  be  read  which  was  accordingly  read 
in  the  following  words 

Ordered  that  Colonel  Maurice  Moore  produce  his  patent  for  Land  lying 
on  Bernards  Creek  before  this  Board  the  first  day  of  March  next  at  New- 
bern and  if  He  fail  herein  that  then  the  said  Evans  have  a  Grant  as 
prayed 


COLONIAL  RECORDS.  27; 


Whereupon  Mr  Moseley  produced  a  Copy  of  a  patent  which  he 
affirmed  included  the  Land  petitioned  for  by  the  said  Montgomery  and 
tiiat  a  patent  formerly  mentioned  in  relation  to  this  300  acres  of  land  was 
a  distinct  patent. 

Ordered  that  it  lye  over  to  next  Court  of  Claims  and  the  two  original 
Patents  aforementioned  i>e  then  and  there  produced  t(j  which  both  Parties 
consented 

At  a  Council  held  at  Newbern  the  10*^  March  1736  [1737] 

Present  His  Excellency  the  Governour 

Tl     u     -1 1    /  ^^il'  Smith       Math  Rowan    \     Esq"^  Members  of 
1  ne  HonoDle  <^  j^^^.  jj^j^^^^     ^^^^^  Moseley  f  His  Majestys  Council 

Read  the  following  Petitions  for  Patents  Viz' 

David  Sheppard  Jun'  100  Carteret,  J  no  Rouse  140  C^raven,  W""  Davis 
360  Carteret 

Read  the  Petition  of  John  Fonville  setting  forth  that  his  boundaries 
were  ilecayed  praying  an  Order  for  a  resurvey  in  order  to  jierpetuate  and 
ascertain  them 

Ordereil  that  the  Surveyor  General  or  his  deputy  re-survey  tiie  said 
land  he  the  said  Fonville  giving  notice  to  George  Lane  of  the  day  when 
he  intends  to  Survey  the  said  land 

Read  the  petition  of  Thomas  Murphy  Sen'  praying  a  resurvey  of  Wil- 
liam Fanacliffs  Land 

(Ordered  that  it  be  resurveyed  and  that  the  Surveyor  General  return 
iiis  doings  thereon  into  the  Secretarys  Office 

At  a  Council  held  at  the  Council  Chamber  in  Newbern  the  10"'  day  of 
March  1736  [1737] 

Present  His  Excellency  the  Governour 
Tl     u     -n   /  W"  Smith  Rob' Halton     1  Esq"  Members  of  His 

ihe  Honol>le<^  j^j.^^^  llo^^'■^in     Edw*  Moseley  /      Majesty's  Council 

Ordered  that  Corn'  Haruet  Alexander  Logan  and  Jas  Murray  Esq" 
be  added  as  .Justices  to  the  Commission  of  the  Peace  for  N.  Hanover 
precinct 

Ordered  that  Sam'  Johnston  William  Maxwell  Roger  Adams  and 
Thos  Jjock  Esq'  be  added  as  Justices  to  the  Commission  of  the  peace  for 
Bladen 

Read  the  following  table  [of]  Fees  by  His  Excellency  (by  and  with  the 
advice  and  Consent  of  his  Majesty's  Council)  ordered  to  be  taken  into 
tiie  Exche(iuer  Office  and  that  a  fair  Copy  of  the  said  fees  be  affixed  in 
tile  said  Office. 


276 


COLONIAL  RECORDS. 


THE    CHIEF    BARONS    FEES  Proc'  Mouey 

For  each  Spa.  Capias,  or  other  Orig'  process 

For  hearing  every  cause  in  Equity  7     6 

For  Signing  every  Decree  7     6 

For  Writ  of  Error  or  other  Appeal 

For  every  Attachment  for  Contempt 

For  every  Attaciimeut  with  proclamation 

For  every  Commission  of  Rebellion  1 

For  taxing  costs 

For  Commiss"'  to  Examine  Evidence  or  to  take  an  Answ'' 

in  Equity 
For  entring  Satisfaction 

For  every  Recognizance  entered  into  before  the  Chief  Baron 
For  hearing  every  cause  in  Equity  10 

F6r  every  Commission  of  Sequestration  10 

For  filing  each  Bill  in  Equity 
For  each  answer  or  Demurrer 
For  every  Rule  of  Court 
For  swearing  every  Evidence 
For  Filing  every  Bond  or  other  Writing 
For  entring  every  cause  in   Barons  book   for  hearing    in 

Equity 
For  entering  each  decree 


4 
7 
7 
5 
7 

15 

10 

5 


10 
10 
2 
2 
2 
1 


ATTORNEY    gen''    FEES 

For  a  Spa.  or  other  original  p'cess.  in  each  cause  2       6 
For  draw*  peruseing  Engross  <&  sign*^  each  hill   or  Inform.     1        5 

For  peruseing  an  answer  or  plea  10 

For  every  motion  7     6 

For  every  process  of  Contempt  5 

For  Fee  on  each  hear^  or  Tryal  1      10 

For  drawing  &  signing  Exceptions  or  Interrogatories  12     6 

For  draw*  a  Replication  5 

'For  peruseing  each  Deposicon  or  Affidavit  2     6 

USHERS    FEES 

For  every  Affidavit  Sworn  in  Court  2     6 

Fee  on  every  appearance  2 

Fee  on  every  Decree  or  Judgement  10  10 

REMEMBRANCERS    FEES. 

For  each  Spa.  or  other  Original  process  2     6 


COLONIAL  RECORDS.  277 

\  

For  copy  of  Bill  Answ'  or  other  plead*  ^  sheet  each  sheet 

90  words  7| 

For  filing  every  Bill  or  Answ'  or  other  paper 

For  every  Order 

For  copy  of  each  ord"' 

Copy  of  every  affidavit  ^  sheet  as  above 

Calling  of  a  Jury 

Ingross^  every  decree,  record^  each  Decree  or  Judgra'  '^  i 
sheet  as  above  j 

Copy  of  every  Record  1^  sheet  as  above 

FEES    ESTABLISH'd    FOR    THE    RECEIV'    OEN' 

To  the  receiver  General  for  every  Warr'  of  distress 
Distraining  Officer  for  every  distress  made  "^  pound 
For  every  mile  going  and  coming 

For  cartage  of  all  Household  or  other  Goods  distrained  "t 
w'^''  requires  Cartage  '^  mile  j 


1 

2 

6 

2 

6 

7* 

2 

2 

n 

n 

7 

6 

1 

6 

At  a  Council  held  at  Newton  the  S""  day  of  September  1737.  Pres- 
ent His  Excellency  the  Governour 

{Nath  Rice         M.  Rowan      ~j     Esq"  Members 
R.  Halton         Ed  Moseley    V  of  His 

E.  Allen  R.  Moore        j  Majestys  Council 

Read  the  Petitions  of  Sundry  Persons  for  certain  tracts  of  lands  for 
patents  as  follows  Viz' 

Jno  Cook  640"°  New  Hanover,  Alex  Nichols  639  Onslow,  Steph 
Howard  640  Onslow,  Jacob  Sadbury  400  N.  Hanover,  Mich  King  500 
Onslow,  Henry  Short  211  Craven,  Owen  Hill  640  Onslow,  Peter  Perry 
216  Ditto,  Peter  Parker  300  Ditto,  Phil  Alston  150  Edgcombe,  Jno 
Stockley  100  Onslow,  Jas  Smith  640  Bladen,  Thos  Jones  640  Ditto, 
Jno  Haws  100  N.  Hanover,  Richard  Marsden  500  Bladen,  Francis 
Stringer  220  Craven 

At  a  Council  held  at  Newton  the  9*  September  1737 
Read  the  Petitions  of  Sundry  Persons  for  Patents  as  follows  Viz' 
Sam  Buxton  350  Craven,  Tho''  Austin  640  Carteret,  Jn°  Shackleford 
95  Ditto,  Thos  Clark  200  New  Hanover,  Rich  Cheek  640  Edgcombe, 
Jn"  Guess  640  Onslow,  Jn"  Shirly  320  New  Hanover,  D°  320  D",  W" 
Cary  640  Bladen,  Edw*  Marshburn  250  Onslow,  W"  Morgan  365  D°, 
Jno  Mertilleer  640  Bladen,  Francis  Holton  640  Ditto,  David  Roach  320 
Ditto,  Jas  Keethcart  300  Craven,  Evan  Jones  320  N.  Hanover,  Arthur 
Mabson  940  Carteret,  Ditto  50  Ditto,  Ditto  300  Ditto,  James  Eagon 
320  Bladen,  Eleazer  Allen  215  Craven 


278  COLONIAL  RECORDS. 


Read  the  Petition  of  Hugh  Campbel  setting  forth  that  he  had  obtained 
a  Warrant  for  a  tract  of  land  wliich  was  to  join  a  tract  belonging  to  W" 
Bartrim  that  the  corners  of  the  said  Bartrims  land  are  not  marked 
wherefore  he  prays  a  resurvey  if  Bartrims  bounds  being  ascertained  His 
tract  Hiay  be  run  Out  Whereupon  said  William  Bartrim  presented  a 
Petition  for  80  Acres  part  of  the  aforesaid  Land  for  as  much  as  he  has 
made  considerable  Improvements  thereon  mistaking  it  to  be  within  the 
lines  of  his  Survey.  Ordered  That  the  Surveyor  General  do  cause  Re- 
survey  to  be  made  of  the  said  Bartrims  Land  joining  the  Plantation  of 
Thomas  Brown  and  Report  his  doings  to  this  Board 

Read  the  Petition  of  Martin  Frank  setting  forth  that  John  Powell 
Deputy  Surveyor  Committed  an  Error  in  executing  a  Warrant  for  3000 
Acres  of  Land  at  a  place  called  high  Germany  for  him  the  said  Franks 
there  proving  to  be  no  more  than  1500  Acres  upon  a  Resurvey  where- 
fore he  humbly  prays  an  order  for  a  new  survey  agreeable  to  the  War- 
rant. Ordered  that  the  Surveyor  General  cause  the  same  to  be  resurveyed 
as  prayed 

Read  the  petition  of  Robert  Donay  for  a  patent  for  400  Acres  of 
Land  on  Hamonds  Creek  Survey  returned  to  which  it  being  objected 
that  the  same  is  within  the  lines  of  a  tract  called  the  Lisbon  tract  the 
petitioner  prayed  a  resurvey  Which  was  accordingly  ordered  and  a 
return  thereof  into  the  Secretary  Office 

Read  the  Petition  of  James  Keith  praying  a  Patent  for  150  Acres  on 
the  South  side  of  Neuse  River  opposed  in  behalf  of  Caj)'  Roberts  for 
that  the  said  Keith's  Warrant  was  laid  upon  Land  granted  by  Warrant 
to  the  said  Roberts.  Ordered  that  botii  the  tracts  be  resurveyed  agree- 
able to  their  respective  Warrants. 

The  10""  of  September  1737.  Present  His  Excellency  the  Governour 
William  Smith  President 

{Nath  Rice  Roger  Moore)    t:^    «  ht      i  x- 

Eleazer  Allen     E.  Moselev      I  ^'1    Members  of 
Math  Rowan         "      J  <^"""'^'^ 

Read  the  Petition  of  Thomas  Jackson  for  a  Patent  for  141  Acres 
Survey  returned  which  was  objected  by  James  Castellaw  his  Attorney 
Suggested  that  the  same  falls  within  his  tiie  said  Castellaws  lines  if 
otherwise  praying  the  preference  whicli  being  argued  Ordered  that  a 
Patent  issue  to  Thomas  Jackson 

Read  the  following  Petitions  for  Patents  Viz' 

Rufus  Marsdeu  400  N.  Hanover,  And"  Bass  150  Craven,  Ja°  Murray 
(540  N.  Hanover,  Abraham  Busset  640  Craven,  Francis  Beale  230  Ons- 
low, Jehu  Davis  640  N.  Hanover,  Jn°  Parker  100  Craven.     Granted 


CCJJ.ONIAL  RECORDS.  27'J 


John  W'atsdii  |)ro(liice(l  a  Patent  witli  a  wrong  Plot  returned  l)y  mis- 
take and  so  affixed  thereto  being  a  rough  imperfect  Survey  praying  tliat 
the  right  plot  might  be  received  and  a  new  j)atent  issued  agreeal)le 
thereto     Granted 

Flleazer  Allen  Ksq'  appeared  in  behalf  of  Josepii  Wrag  Flsq'  of 
Charleston  in  Soutii  Carolina  and  produced  a  Mortgage  from  Humphry 
Johnson  Mai'iner  to  the  said  Wrag  of  two  Patents  one  for  100(1  Acres 
the  other  for  640  both  on  C.  Fear  river  dated  in  (Jctober  1728  which 
Patents  were  at  the  same  time  pr(jduced  and  new  Patents  prayed  the 
Mortgage  not  being  satifyed  of  the  Validity  of  the  former  Grants  as  by 
the  said  Eleazer  Allen  his  Attorney  was  at  large  set  forth  with  his  rea- 
sons for  the  same  one  being  that  the  Date  of  the  Survey  is  posterior  to 
the  Date  of  the  Patent  which  being  argued 

Ordered  that  the  further  consideration  thereof  be  put  off  to  Monday 
the  12'"  Instant 

The  Pretended  Original  Patents  for  Land  on  Banarils  Creek  claimed 
by  Col  Maurice  Moore  for  which  Ric^iiard  Evans  has  several  times 
a])jilyed  for  a  Patent  by  Virtue  and  in  consequence  of  a  Warrant  regu- 
larly executed  anfl  retiunied  into  the  Secretarys  Office  being  called  for 
pursuant  to  the  order  of  last  Court  the  Board  was  informed  that  the  said 
Col  Moore  instead  of  conforming  to  the  said  order  for  producing  the 
same  at  this  Court  and  Col  Moseley's  Consent  and  Engagetnent  on  his 
behalf  had  sent  his  Excellency  a  Letter  acquainting  him  he  had  sent  the 
said  Patents  to  England  to  justify  himself  to  the  King  and  clear  up  his 
Reputation  or  to  that  Effect  which  Ije  had  now  so  fair  an  opportunity  of 
doing  by  complying  with  the  said  order  and  obligation  were  he  really 
innocent  of  the  Suggestion  in  the  Secretary's  Report  in  relation  to  one 
of  the  said  patents  made  in  Council  October  IS""  1736  and  so  strongly 
confirmed  by  his  whole  conduct  and  proceeding  throughout  especially 
the  latter  part  of  it 


The  13""  September  1737    Present  His  Excellency  the  Governour 
Will  Smith         Eleazer  Allen    ]     Esq"  Members 
The  Hon6ble<'  Nath  Rice  Math  Rowan      >  of  His 


Rob'  Halton       Edw*  Moseley  j  Majestys  Council 

Read  the  following  Petitions  for  Patents  Viz' 

Jane  Alston  250  N.  Hanover,  Tho'  Moor  350  Ditto,  David  Morgan 
300  Ditto,  Jno  White  200  Bladen,  Isaac  Wayne  640  Ditto,  Ann  Mont- 
gomery 600  N.  Hanover,  W"  Herritage  353  Craven,  W"  Maxwell  Esq"^ 
640  N.  Hanover,  Theop'  Norwood  640  Carteret,  Hector  Hancock  400 
Ditto,   Bi'yan   M'Culiin   500  Carteret,  Martin   Holt   640  Ditto,  Rufus 


280  COLONIAL  RECORDS. 


Marsden  640  D",  Ale^  M^Daniel  200  Bladen,  Martin  Holt  100  N.  Han- 
over, Francis  Brice  200  Onslow,  Abraham  Blackball  450  N.  Hanover, 
Thos  Hutchins  N.  Hanover,  Abraham  Blackball  640  Ditto,  Thos  Evans 
360  Ditto,  Rob'  Hamilton  640  Bladen,  Sam  Sab  Plomer  640  N.  Han- 
over, Ditto  640  Ditto,  W"  Waters  320  N.  Hanover,  Jno  Clayton  30 
Bladen,  Ditto  150  Ditto,  Francis  Pugb  200  Chowan,  Jonathan  Evans 
260  Bladen,  Eliza  Moore  350  N.  Hanover,  Jno  Rice  320  Ditto,  Ditto 
320  Ditto,  Jno  Montgomery  300  Ditto,  James  Craven  640  N.  Hanover, 
Ditto  640  Ditto     Granted 

Read  the  Petition  of  Cap'  James  Innes  setting  forth  that  upon  a  resur- 
vey  of  2  certain  tracts  of  land  going  by  the  name  of  M'K nights  Bluff 
there  is  found  a  surplusage  of  one  hundred  and  eighty  Acres  between 
the  said  tracts  on  the  N.  W.  River  praying  a  Grant  of  the  same 

Read  the  Petition  of  John  Guess  praying  a  resurvey  of  the  following 
Lands  Viz'  of  the  land  whereon  the  said  Guess  now  living  of  Jno  Wil- 
liams land  joining  to  it  and  of  John  Williams  Land  comonly  known  by 
the  name  of  the  Fording  place  in  Onslow  Precinct  which  is  granted 
Ordered  that  the  Surveyor  General  or  his  Deputy  do  resurvey  the  Lands 
and  report  his  doings  thereon 

Resumed  the  consideration  of  Mr  Wrags  Petition  and  Mr  Allen  pray- 
ing Warrants  for  the  land  in  question.  Ordered  that  Warrants  issue  in 
the  name  of  Joseph  Wragg  Esq'  for  the  said  Lands. 

The  14""  September  1737.     Present  as  before  and  Roger  Moore  Esq' 

Read  the  Petition  of  Jeremiah  Rowan  setting  forth  That  He  had  War- 
rants from  his  Excellency  for  640"''  the  one  lying  between  land  of  Mr 
Rowan  and  Mr  Roger  Moores  the  other  on  Hoods  Creek  joining  the 
upper  side  of  Mr  Rowans  Mill  land  both  in  New  Hanover  precinct  and 
that  they  were  duely  surveyed  and  returned  into  the  Secretary's  Office 
praying  Patents  for  the  same  to  which  Mr  Samuel  Swann  in  behalf  of 
the  Heirs  of  tire  late  Mr  Ashe  objected  and  the  Arguments  on  both  sides 
being  heard  and  considered  Ordered  that  the  Petitions  lye  over  to  the 
next  Court 

Read  the  Petition  of  William  Whitehond  praying  a  new  patent  for 
640  Acres  of  Land  formerly  granted  lying  in  Edgcombe  and  Patent  for 
the  same  in  the  Secretarys  Office  the  plot  thereunto  annexed  being  erro- 
neous. Ordered  that  the  Allegations  of  the  said  petition  be  made  appear 
next  Court  and  then  a  patent  to  issue 

Read  the  following  Petitions  for  Patents  Viz' 

Gilbourii  Kingcade  526  Edgcombe,  Jas  Murray  640  Onslow,  Step 
Williams  300  Ditto,  Francis  Sumner  640  D",  Sam  Williams  640  D°, 
Stephen  Williams  640  T>%  Sam  Williams  640  D°,  Cha'  Williamson  300 


COLONIAL  KPX'OKDS.  281 


Onslow,  W"  Williams  640  D°,  Job  Biimpiis  300  D",  Jno  Champion  335 
Chowan,  Jno  Williams  640  Onslow,  Ditto  640  0°,  Rich"  Ratchclor  400 
D°,  W"  Cranford  300  D",  Jno  Brock  640  D°,  Math  Rowan  198  Cra- 
ven, Timothy  Blood  worth  640  N.  Hanover,  Jno  Vandozen  50  Craven, 
Rich"  Elliot  200  Craven,  James  Wallace  640  Onslow,  Sam  Keel  640  D°, 
Jno  Pratt  180  Edgeorabe,  Sam  Speirman  640  N.  Hanover,  Jno  Wil- 
liams 150  Onslow,  Rich"  Willfred  640  Ditto,  Stephen  Williams  640  D°, 
D°  640  D".     Granted. 

Whereas  many  persons  that  have  obtained  orders  for  resiirveys  have 
neglected  or  delayed  to  carry  the  same  into  execntion  thus  preventing 
others  from  taking  up  of  Surplus  Land  to  the  apparent  detriment  of  his 
Majesty's  Revenue 

Resolved  tiiat  all  such  Orders  not  being  executed  and  accomplished 
within  six  months  from  this  day  shall  be  void  and  any  other  Person  on 
proper  application  may  obtain  an  order  for  resurveying  any  such  land 
the  time  so  limited  for  resurveying  thereof  being  expired  and  shall  be 
intitled  to  the  surplusage  that  on  such  resurvey  shall  be  discovered 

Ordered  that  the  General  Assembly  of  this  Province  be  prorogued  to 
the  6""  day  of  April  next 

Ordered  that  none  of  the  controverted  Patents  commonly  called  Blank 
Patents  which  have  issued  since  the  year  1725  shall  be  enrolled  in  the 
Secretarys  Office  till  they  be  first  publickly  read  in  Council 

Ordered  that  all  Patents  for  Tjand  made  out  and  lying  in  the  Secre- 
tary's Office  or  Gi'anted  and  ordered  to  be  made  out  and  issued  be  taken 
out  before  the  last  day  of  March  General  Court  next  ensuing  by  the 
respective  Patentees  who  are  to  have  Notice  of  the  same  by  the  Publica- 
tion hereof  as  otherwise  the  said  Patents  will  become  void  in  which  case 
(that  is  to  say)  the  Patentee  neglecting  to  take  out  his  Patent  or  patents 
within  the  time  limited  as  aforesaid  the  lands  granted  by  such  Patent  or 
Patents  sc)  forfeited  shall  be  granted  tt>  any  other  person  applying  for 
the  same 


At  a  Council  held  at  Brunswick  the  18'"  September  1737 
Present  His  Excellency  the  Governour  Will   Smith    Esq'  President 
Nath  Rice  Eleazer  Allen 

Robert  Halton,  Math  Rowan  and  Edward  Moseley  Esq"  Commis- 
sioners for  running  the  Boundary  Line  between  this  Province  and  South 
Carolina  brought  their  Several  and  respective  Accounts  and  laid  them 
before  the  Board  for  their  Inspection  who  accordingly  proceeded  to  audit 
and  examine  the  same  the  abstract  whereof  is  as  follows 

36 


282  COLONIAL  RECORDS. 


392  "  _  "  -  is     56  "  — 


Currency  Sterling 

Robert  Halton  by  Sundry  charges  -j 

and  Disbursements  as  f  par-  V  £  402  "     4  "  6  is     57  "     9  " 
ticular  ) 

By  Personal  Service  viz'  56  days^ 
Attendance    at     running     the 
aforesaid  Line  at  20°  per  diem 
Exchange  at  600  p'  cent  Ad- 
vance 

Math  Rowan  by  Sundry  Expen-  ]^ 

ces  and  Disbursements  i 

By  personal  Service  viz'  66  days  ■ 

upon  the  Line  at  20=  p'  Diem  ^       462  "     0  "  0    "     66 

each  as  above 


794  ' 

4  ' 

6        113  ' 

9  ' 

'  1 

489  ' 

'  16 

'  9  is     69  ' 

'  19  ' 

'  3 

951  "  16  "  9  135  "  19  "  3 
Edward  Moseley  Esq'  iiaving  charged  ten  days  more  than  the  other 
Commissioners  the  first  Expedition  and  it  appearing  that  he  was  attend- 
ing his  Duty  at'  the  Council  ten  (jf  the  days  which  he  charges  for  liis 
service  on  the  line  the  second  time  both  the  said  Articles  were  disallowed 
and  struck  oif  his  accounts  now  standing  as  fblloweth — 

Currency  Sterling 

Edward  Moseley  by  Sundry  Ex-  \  ^  ^g_-   «     g  "  q  [^     62  "     4  "  0 

pences  and  Disbursements  J 

By  Personal  Service  58  Days  at ")        ^^^g  „     0  "  0    "     58  "     0  "  0 
20°  p"'  Diem  Exchange  as  above  J 

Total  £  841  "     8  "  6        120  "     4  "  0 

Then  appeared  Mr  William  Gray  Surveyor  employed  in  the  aforesaid 
service  and  produced  his  Account 

For  Disbursements  59  "     2  "     6  is      8  "     8  "     11 

Personal  Service  66  Days  at  20=  I    ^gg  "     q  "     0         66  "     0  "       0 
Sterling  Exchange  as  above       J 


Total  £521  "     2  "     6        74  "     8  "     11 

"  17  "     0  0  "  11  "       0 


Then  was  present  Mr  Jno  Clayton  ^ 

Surveyor  his  Ace'  attested  by  | 

the  Commissioners  he  being  ab-  ( 

sent  which  is  as  follows  j 

Expence  Personal  Service  12  days  \     gg  «     q  a     q  p  a     q  < 

at  15°  Sterling  Exch  as  above    J 

Total  66  "  17  "     0  9  "  11 


COLONIAL  RECORDS.  283 


Ordered  tliat  a  particular  of  each  of  the  said  Accounts  subscribed  by 
each  Commissioner  and  the  Deputy  Surveyor  respectively  be  lodged  in 
the  Secretarys  Office  being  first  proved  upon  Oath  which  was  accordingly 
severally  done  in  the  following  words  excepting  only  Mr  Claytons  Ace'' 
he  not  being  present  as  aforesaid 

I  do  solemnly  Swear  that  the  Disbursements  charged  in  the  within 
Accounts  I  have  truely  and  bone  fide  paid  or  expended  And  that  all  the 
days  I  have  charged  for  my  own  personal  attendance  I  was  actually 
present  at  running  the  line  or  upon  the  Service     So  help  me  God 

ABSTRACT    OF   THE    FOREGOING    ACf'OUNTS 

Currency  Sterling 

Robert  Haltou  Expences  and  Per- 
sonal Services 
Mathew  Rowan  Ditto 
Edward  Moseley  Ditto 
W"  Gray  Ditto 
J  no  Clayton  Ditto 

Grand  Total  £3,175  "     9  "     3      453  "  12  "     3 

The  Account  of  Charges  for  running  the  aforesaid  Boundary  Line 
being  then  Audited  and  adjusted,  iiis  Excellency  and  the  Gentlemen  of 
the  Council  were  pleased  to  declare  their  opinion,  that  considering  the 
Impracticableness  of  the  ways,  with  several  other  Difficulties  and  Incon- 
veniences attending  it  is  upon  the  whole  a  most  just,  modest  and  reason- 
able claim     By  Order  NATH  RICE  Sec. 

September  29'"  1 737 

Read  the  Petition  of  Richard  Eagles  for  640  acres  New  Hanover,  Nath 
Rices  500  Ditto     Granted 


794  "  4  " 

6 

113  ' 

'  9  " 

1 

951  "  16  " 

9 

135  ' 

'  19  " 

3 

841  "  8  " 

6 

120  ' 

'  4  " 

0 

521  "  2  " 

6 

74  ' 

'  8  " 

11 

66  "  17  " 

0 

9  ' 

'  11  " 

0 

At  a  Council  iield  at  Brunswick  the  2P'  day  of  November  1737 
Present  His  Excellency  the  Governor 
( Nath  Rice  Eleaz'  Allen      )     Esq"  Members 

The  Hon6ble<^  Rob'Halton       Edw'' Moseley   V  of  His 

(  Math  Rowan      Roger  Moore    j  Majestys  Council 
Read  the  Repeal  of  the  Biennial  Act     Ordered  that  a  Proclamation 
issue  to  give  notice  thereof 

Read  the  Petition  of  Sundry  Inhabitants  of  New  Hanover  praying 
that  in  regard  of  the  great  Scarcity  of  Grain  a  stop  may  be  put  to  the 
Exportation  of  Indian  Corn 

Ordered  that  a  Proclamation  issue  to  prohibit  the  exportation  till  the 
first  ilav  of  March  next 


1284  COLONIAL  RECORDS. 


Math  Rowan  Esq'^  in  behalf  of  Jerome  Rowan  Esq'  prayed  a  Patent 
for  640  Acres  agreeable  to  a  survey  made  for  one  Peter  Bonrk  above 
Rockfisii  Creek  in  trust  for  the  said  Jere  Rowan     Granted 


1738. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  38.] 

My  Lords  [of  the  Board  of  Trade] 

I  have  sent  over  a  full  Representation  of  the  state  of  this  Colony, 
from  its  first  settlement  to  the  present  time,  to  the  Lords  of  the  Com- 
mittee of  His  Majesties  most  Honorable  Privy  Council  for  Plantation 
Aifairs  which  I  don't  doubt  will  of  course  be  laid  before  your  Board.  I 
must  therefore  take  the  liberty  to  beg  that  your  Lordships  would  deter- 
mine the  points  therein  contained  as  soon  as  possible,  the  Confusions  in 
this  Province  being  much  increasetl  by  the  suspense  we  have  been  kept 
in  for  more  than  two  years,  with  regard  to  the  Blank  Patents,  and  the 
validity  of  their  Laws. 

I  must  once  more  ob.serve  that  if  His  Majesty  (who  is  now  in  place 
of  the  late  Proprietors)  his  Rights  and  Revenues,  can  be  affected  by 
Laws  made  by  the  People  and  not  confirmed  by  the  said  Proprietors 
this  Colony  will  be  more  independant  of  the  Crown,  than  Rhode  Island. 

Edmund  Porter  Esq"  a  member  of  His  Majesties  Council  being  lately 
dead,  I  recommend  to  your  Lordships  James  Murray  Esq"  to  fill  up 
that  vacancy     I  am  your  Lordships,  &e.,         GAB :  JOHNSTON 

Cape  Fear,  Jan-^^  15'"  1738. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  30.] 

Sir  [Secretary  of  Board  of  Trade] 

Governour  .Johnston  has  laboured  under  great  difficulties  for  want  of 
their  Lordships  declaring  themselves  in  regard  to  such  prudential  matters 
that  are  in  dispute  tho  his  Instructions  will  warrant  his  acting  as  he  has 
done  in  those  particulars.  Yet  the  people  put  forced  constructions  on  the 
meaning  of  them  and  having  been  for  a  long  time  indulged  in  acting  con- 
trary to  them  it  is  not  in  the  Governours  power  to  koej)  them  to  their 


COLONIAL  RECORDS.  285 


Duty  witlioiit  tlicir  Ijordsliips  will   he  [)l('ascd  to  favour  liiin  with  their 
Opinion  upon  the  Matters  in  debate  whicii  are  a.s  follows 

1.  That  such  as  hold  Patents  under  the  Lords  Proprietors  hy  whieh 
they  are  obliged  to  pay  some  one  shilling  sterling  per  iiuiidred  aeres  and 
others  two  shillings,  tender  their  Quit  Rents  only  upon  the  footing  of 
Proclamation  Money  which  is  Twenty  Five  percent  worse  than  sterling, 
and  alledge  that  l)y  iiis  Instructions  he  ought  to  receive  it  from  them  in 
that  manner 

2.  Another  difficulty  that  the  Governour  meets  with  is  that  they  will 
only  pay  their  Quit  Rents  in  Commodity,  and  others  of  them  will  not 
bring  their  Quit  Rents  to  the  Precinct  house  but  require  the  Receiver 
General  to  come  to  their  respective  dwellings  there  is  not  the  least  colour 
of  reason  for  this  excepting  in  Albemarle  county  and  even  there  they  are 
certainly  lyable  to  pay  their  Quit  Rents  at  the  Precinct  house,  it  has 
also  been  a  practice  of  long  standing  in  the  Colony  for  people  to  Box  pine 
trees  for  Turpentine  and  burn  light  wood  for  Pitch  and  Tarr  without 
taking  out  Pattents  for  the  Lauds  the  Governour  has  been  much  cen- 
sured for  the  preventing  this  therefore  it  would  be  of  use  to  him  if  their 
Lordships  would  write  to  him  that  they  approve  his  conduct  therein  and 
that  they  would  also  declare  their  Opinion  how  far  the  people  ought  to 
be  lyable  to  Quit  Rents,  having  made  waste  of  the  King's  Lands,  and 
that  their  Lordsliips  would  at  the  same  time  assure  him  that  they  will 
support  him  in  the  Execution  of  his  Duty,  and  that  if  any  persons  in  the 
Colony  do  obstruct  him  in  the  same  they  may  expect  very  little  favour 
from  the  Crown  in  the  renewal  of  their  Pattents  provided  any  of  them 
are  vacated,  that  that  affair  is  now  before  the  Attorney  General  and  that 
he  will  speedily  have  directions  how  to  proceed. 

If  their  Lordships  would  think  proper  to  write  a  letter  to  this  Prov- 
ince it  would  be  of  Infinite  use  at  present  as  the  people  are  made  to 
believe  that  all  that  he  does  is  without  any  Directions  from  their  Lord- 
ships and  that  they  also  approve  of  his  conduct. 

I  am  Sir,  &c.,  HENRY  McCULLOH. 

London  Januarv  173i. 


[B.  P.  R.  O.  NoKTH  Carolina.  B.  T.  Vol.  21.  p.  264.] 

Sir,  [Governor  Gab.  John.ston] 

The  reason  why  you  have  not  had  a  full  answer  to  your  letters  before 
this  time  is  that  several  of  the  matters  wherein  you  have  desire<l  our  sen- 
timents are  questions  in  law  and  have  lain  a  long  time  iiefore  the  Attor- 


286  COLONIAL  KECORDS. 


ney  &  Solicitor  General  for  their  opinions  which  we  are  now  in  hopes  of 
having  very  speedily  and  then  we  shall  without  any  delay  take  the  aifair 
into  our  serious  consideration  and  transmit  the  opinions  with  such  other 
directions  as  may  appear  necessary. 

In  the  meantime  we  observe  with  much  satisfaction  the  great  diligence 
you  have  used  in  apprizing  us  of  the  state  of  the  Province  and  we  take 
this  opportunity  of  assuring  you  that  as  long  as  you  continue  to  follow 
your  instructions  you  may  always  depend  upon  our  encouragem' &  assist- 
ance And  so  we  bid  you  heartily  farewell  &  are 
Your  very  loving  friends,  &c., 

MONSON.  M.  BLADEN 

EDW.  ASHE.         R.  PLUMER 
Whitehall,  February  8'"  l7^ 


[B.  P.  R.  O.  North  Caroijna.  B.  T.  Vol.  10.  B.  34.] 

M'  Attorney  and  Solicitor  General's  Report  &  Opinion   upon   several 

Queries  relating  to  Quit  Rents  &c :  in  North  C^irolina. 

George  Duke  of  Albemarle,  Master  of  His  Majesty's  Horse,  Edward 
Earle  of  Clarendon,  William  Earl  of  Craven,  John  Lord  Berkley,  An- 
thony Lord  Ashley  Chancellor  of  tlie  Exchequer,  S'  Geo :  Cartrett  Vice 
Chamberlaine  of  his  Majesty's  Houseliold  S''  William  Berkley  and  Sir 
Peter  Colleton  Bar'  The  true  absolute  Lords  Proprietors  of  all  the  Prov- 
ince of  Carolina. 

To  our  Trusty  &  Welbeloved  Samuel  Stephens  Esq"  Gov'  of  the 
County  of  Albemarle  &  the  Isle  &  Islands  within  10  Leagues  thereof. 
And  to  our  Trusty  &  Welbeloved,  our  Councellors  and  assistants  to  the 
said  Gov'  Greeting. 

Whereas  we  have  received  a  Petition  from  the  Grand  Assembly  of  the 
County  of  Albemarle  praying  that  the  Inhabitants  of  tlie  said  County 
may  hold  their  Lands  upon  the  same  terms  and  conditions  that  the  In- 
habitants of  Virginia  hold  theirs  and  forasmuch  as  the  said  County  doth 
border  upon  Virginia  and  is  much  of  the  same  nature  we  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  Conditions  that 
the  Inhabitants  of  Virginia  hold  theirs;  Wherefore  be  it  Known  unto 
all  men  by  these  presents  that  we  the  said  Lords  and  absolute  Proprie- 
tors of  the  County  within  the  Province  aforesaid  have  given  and  granted, 
and  by  these  presents  do  give  and  grant  full  Power  and  Authority  unto 


COLONIAL  RECORDS.  287 


you  our  said  Governonr,  by  and  with  tiie  consent  of  our  Council  or  the 
Major  part  thereof,  or  to  any  Gov'  for  the  time  being  or  that  shall  here- 
after be  by  us  appointed,  full  Power  and  Authority  by  and  with  the  Con- 
sent of  our  Council  then  being  or  the  major  part  thereof  to  convey  and 
grant  such  proportions  of  Land  as  by  our  Instructions  and  concessions 
annexed  to  our  Commission  bearing  Date  in  October  Anno  Dom :  1667. 
We  have  appointed  to  such  persons  as  shall  come  into  our  said  County 
to  plant  or  inhabit  to  be  held  of  us  our  Heirs  and  assigns,  upon  the 
same  Terms  and  Conditions  that  land  is  at  this  present  usually  granted 
in  Virginia  anything  in  our  Instructions  and  concessions  aforesaid  to  the 
conti-ary  notwithstanding,  and  we  do  hereby  declare  and  consent  that  the 
Warrant  to  the  Surveyors  for  the  laying  out  of  the  said  land  and  the 
return  thereon  being  registred  and  also  the  Grant  of  you  our  said  Gov- 
ernour  and  Council  or  Governonr  and  C()uneil  that  shall  when  su(-h  Land 
is  due  having  the  seal  of  the  County  affixed  to  it  and  signed  by  yourself, 
and  Major  part  of  our  Council  for  the  time  being  being  registered,  shall 
be  good  and  effectual  in  Law  for  the  enjoyment  of  the  said  Land  and 
Plantations  and  all  the  Benefits  and  Profits  of  and  in  the  same' except 
one  half  of  all  Gold  and  Silver  mines  to  the  Party  to  whom  it  is  granted, 
his  heirs  and  Assignes  for  ever,  he  or  they  performing  the  conditions 
aforesaid.  Given  under  our  hands  and  Great  Seal  of  the  Province 
this 

Q.  1"  Whether  the  above  Deed  be  revocable  in  whole  or  in  part. 

We  are  of  opinion  that  the  above  Deed  was  revocable  in  whole  or  in 
part  at  the  pleasure  of  the  Lords  Proprietors  But  not  so  as  to  effect 
Grants  made  pursuant  to  such  Deed  before  the  Revocation  thereof. 

Geo :  Duke  of  Albemarle  Cap'  Gen'  of  all  his  Majestys  Forces,  Ed- 
ward Earl  of  Clarendon,  William  Earl  of  Craven  John  Lord  Berkley 
Anthony  Lord  Ashley  Chancellor  of  the  Exchequer  S"^  George  Carteret 
vice  Chamberlaine  of  his  Majestys  household  S"'  Peter  Colleton  Bar'  and 
S'  William  Berkley  Kn' 

To  our  Trusty  and  Welbeloved  William  Sayle  Esq'°  Governonr  of 
all  that  Territory  or  part  of  our  Province  of  Carolina  that  lyes  to  the 
Southward  and  Westward  of  Cape  Carteret  and  to  t)ur  Trusty  and  wel- 
beloved our  Councellors  and  Assistants  to  our  said  Governonr  Greeting 

Be  it  known  unto  all  Men,  that  we  the  Lords  and  absolute  Proprie- 
tors of  the  Province  aforesaid  for  divers  good  Causes  and  Considerations 
but  more  especially  out  of  the  Trust  and  Confidence  reposed  in  you  our 
said  Governonr  and  Councellors  for  the  faithful  management  of  the 
Power  and  Authority  by  Us  to  you  given,  to  the  best  avail  and  Im- 
provement of  our  Ifiterest  and  Dominion  in  the  Territory  aforesaid  have 


288  COLONIAL  RECORDS. 


given,  Granted  and  by  these  presents  do  give  and  grant  during  our 
Pleasure  unto  you  our  said  Goveniour  by  and  with  the  consent  of  our 
Council,  or  any  six  of  the  tenn,  whereof  three  at  least  are  to  be  of  those 
appointed  by  us  as  our  Deputies  full  and  absolute  power  and  authority  for 
us  and  in  our  names,  to  lett,  sett,  convey  and  assure  such  Lands,  in  our  said 
County  to  such  person  and  persons  and  for  such  Estate  and  Estates  and 
with  such  Provizoes,  Conditions  and  Limitations  as  we  by  our  Instruc- 
tions and  concessions  hereunto  annexed  have  directed  and  as  you  shall  be 
directed  by  such  other  Instructions  and  Rules  as  from  time  to  time  you 
shall  receive  from  us  and  not  otherwise,  hereby  ratifying  and  confirming 
whatever  you  shall  do  pursuant  to  the  said  Instructions  and  Concessions 
and  to  such  Instructions  Rules  and  Directions  as  aforesaid  as  also  to  make 
do  and  perform  and  execute  all  and  singular  act  and  acts  thing  and 
things,  powers  and  authorities  whatsoever  which  we  ourselves  may,  can, 
might  or  could  do,  in,  for,  concerning  or  relating  to  the  Government  both 
Civil  and  Military  of  the  said  Territory  by  virtue  of  the  Letters  Pat- 
ents of  His  most  excellent  Majesty  Charles  the  2*  King  of  England, 
Scotland  France  and  Ireland  Defender  of  the  Faith  bearing  date  at 
Westminster  the  20""  day  of  June  in  the  17*  year  of  his  Reign  to  be 
exercised  nevertheless  according  to  such  Instructions  and  with  such  Limi- 
tations, Restrictions  Conditions  and  Provizoes  as  are  hereunto  annexed 
and  in  these  Presents  are  hereafter  cuntaiued  hereby  ratifying  and  con- 
firming and  allowing  all  and  every  such  act  and  acts,  thing  and  things 
which  oiu'  said  Governonr  and  our  said  Councillors  in  our  names  shall 
do  in  the  Premises  pursuant  to  the  Authority  hereby  committed  and 
which  is  not  contrary  to  our  Inslruotions  and  our  Fundamental  Consti- 
tutions and  tonn  of  Government  licrcwith  sent  under  our  hands  and 
seals. 

Provided  also  that  the  Executive  part  of  all  the  said  Powers  herein 
given  shall  be  made  and  exercised  by  yon  our  said  Governonr  by  and 
with  the  advice  and  consent  of  tiie  Major  part  of  our  Council,  and  if  it 
shall  happen  that  our  said  Governonr  shall  depart  or  be  absent  at  any 
time  from  our  Territory  aforesaiil  unless  other  Provision  lie  by  us  made 
that  then  it  shall  and  may  be  lawfull  for  our  said  Governonr  by  the 
advice  and  Approbation  of  tlie  Major  part  of  his  Council  under  his  hand 
and  seal  to  nominate  and  appoint  a  Deputy  giving  and  granting  unto  the 
Person  so  appointed  as  full,  large  and  ample  j)owers  as  we  by  these  pres- 
ents unto  our  said  Governour  have  given  anything  in  this  present  com- 
mission in  any  wise  to  the  contrary  notwithstanding,  and  if  in  case  our 
said  Governour  shoidd  happen  to  dye  or  depart  without  nominating  any 
Person  to  be  his  Deputy,  we  do  then  give  and  grant  unto  our  said  Coun- 


COLONIAL  KECOKDtt.  289 


cil  full  power  and  authority  to  appoint  some  person  to  be  Governoiir  till 
our  Pleasure  be  further  known  therein  and  signified  to  the  contrary,  and 
the  Person  so  appointed  shall  have  the  same  power  to  all  Intents  and 
Purposes  as  was  by  this  present  Commission  granted  unto  our  Govern- 
our  so  Dead  and  departed.  Given  under  our  hands  and  the  Great  Seal 
of  our  said  Province  this  26*  day  of  July  1669. 

COPY  OF  THE  14th  INSTRUCTION 

Any  Person  having  brought  servants  to  Plant,  shall  make  the  same 
appear  to  yourself  and  Council  who  shall  thereupon  issue  out  a  Warrant 
to  the  Surveyor  General  to  lay  him  out  a  parcel  of  Land  according  to 
the  Proportions  mentioned  in  these  our  Instructions  and  the  Surveyor 
having  done  the  same  and  the  Warrant  with  the  Surveyor  Gen- 
eral's return  thereupon  being  recorded  and  the  Person  to  whom  this 
Land  is  granted  having  sworn  or  subscribed  allegiance  to  our  Sovereign 
lord  the  King  and  Fidelity  and  Submission  to  the  Lords  Proprietors, 
and  the  Fundamental  Constitutions  and  Form  of  Government,  vou  are 
under  the  Seal  (for  that  use  provided)  to  pass  this  following  grant:  Geo: 
Duke  of  Albemarle  Cap'  Gen'  of  all  His^Majesty's  Forces  Edward  Earl 
of  Clarendon,  William  Earl  of  Craven,  John  Lord  Berkley,  Anthony 
Ijord  Ashley  Chancellor  of  the  Exchequer  S''  Geo :  Carteret  Bar'  Vice 
Charaberlaine  of  [His]  IMajesty's  Household  S'  Peter  Colleton  Bar'  and  S' 
William  Berkley  Knight  The  true  and  absolute  Lords  Proprietors  of  the 
Province  of  Carolina  Do  hereby  Grant  unto  A.  B.  of  the  county  of 
in  the  Province  of  a  Plantation  in  the  Town  of  in  the 

county  aforesaid  containing  Acres  English  measure  bounded 

to  have  and  to  hold  to  himself  his  heirs  and  assignes  for  ever,  yielding 
or  paying  to  the  said  George  Duke  of  Albemarle,  Edward  Earl  of  Clar- 
endon, William  Earl  of  Craven,  John  Lord  Berklev,  Anthony  Lord 
Ashley  S"  George  Carteret,  S'  Peter  Colleton  and  S''  William  Berkley 
Lords  Proprietors  as  aforesaid  their  Heirs  and  Assigns  everv  29""  Dav  of 
September  which  shall  he  atter  the  29"'  of  September  1689,  one  penny 
of  Lawfull  English  Money  or  the  value  thereof  for  every  of  the  said 
acres  to  be  holden  in  free  and  common  soccage  Given  under  the  Great 
Seal  of         the  Day  of         in  the  year  of  our  Lord  This  grant  you 

and  three  more  of  your  Council  are  to  sign,  and  cause  the  same  to  be 
recorded  in  the  Register  Office  the  w-hieh  shall  then  be  deemed  a  full  and 
firm  conveyance  of  the  Land  therein  mentioned  unto  the  person  unto 
whom  it  is  Granted  and  his  Heirs  and  Assignes  forever  he  paying  the 
Rent  &c. 

Q.  2''  If  the  aforesaid  Deed  be  revocable  is  the  same  revoked  either  in 

whole  or  in  part  by  this  Instrument.     Supposing  this  last  Instrument 
37 


290  COLONIAL  RECORDS. 


to  include  the  County  of  Albemarle  and  the  District  and  Juri.sdiction 
comprized  in  the  first  Deed  We  are  of  opinion  that  this  Instrument  does 
revoke  the  Deed  in  the  whole. 

Q.  3*  If  the  aforesaid  Deed  of  1667  be  revoked  in  the  whole  or  in  part 
of  this  Instrument  of  1669  are  any  Grants  made  by  the  Governour 
under  the  Lords  Proprietors  during  the  time  that  this  last  Instrument 
continued  in  Force  valid  in  Law,  unless  the  Quit  Rents  thereby  recited 
have  been  reserved  and  the  other  conditions  there  specified  have  been 
inserted  in  such  Grants. 

We  are  of  opinion  that  the  not  complying  with  the  directions  of  this 
Instrument  of  1669  in  reserving  Quit  Rents  and  the  other  conditions 
requisite  is  such  a  defect  as  would  render  them  void  in  point  of  Law 
unless  the  Grantees  have  had  a  long  and  quiet  enjoyment  under  them,  in 
which  case  we  apprehend  the  original  Defect  will  be  cured. 

Q.  4*  If  the  form  of  a  Grant  annexed  to  the  aforesaid  Order  has  been 
duly  Whether  the  Quit  Rent  ought  to  be  paid  in  sterling  money  or 
if  there  be  a  Liberty  to  be  paid  in  Commodities,  is  the  Crown  the  proper 
Judge  of  the  Value  of  those  Commodities,  and  in  either  case  are  the 
Inhabitants  oblidged  to  carry  their  Quit  Rent  to  some  proper  Place 
appointed  to  the  Crown,  within  each  Pi-ecinct  for  the  reception  thereof. 

We  are  of  opinion  that  the  Quit  Rent  is  not  demandable  in  Specie 
but  may  be  paid  in  Conmiodities  at  tlie  Electi(jn  of  the  Grantees,  accord- 
ing to  the  value  of  sterling  Money  there.  In  which  case  neither  the 
Crown  nor  the  (Jrantces  are  the  absolute  Judges  of  tiie  value  of  those 
Commodities  which  must  be  determined  by  their  Market  price.  And  as 
to  the  place  of  payment,  we  think  it  ought  to  be  the  place  of  the  Kin^s 
General  Receipt  within  the  Province,  or  otherwise  upon  the  Respective 
Lands  out  of  which  the  Quit  Rent  issues,  but  not  at  any  other  places  to 
be  appointed  by  the  Crown. 

GENi  CONSTITUTION  No.  S3. 

No  Act  or  Order  of  Parliament  shall  be  of  any  Force  unless  it  be 
ratifyed  in  open  Parliament  during  the  same  Session  by  the  Palatine  or 
his  Deputy  and  three  more  of  the  Lords  Proprietors  and  their  Deputies 
and  then  not  to  continue  longer  in  Force  but  till  the  next  biennial  Par- 
liament unless  in  the  mean  time  it  be  ratified  under  the  hands  and  seals 
of  the  Palatine  himself  and  three  more  of  the  Lords  Proprietors  them- 
selves and  by  their  order  published  at  the  next  Biennial  Parliament 

Q.  5""  As  many  of  the  Laws  of  Carolina  were  never  confirmed  by  tiie 
Lords  Proprietors  according  to  the  above  constitution  but  have  always 
been  in  use  and  submitted  in  the  Coh)ny  Are  such  Laws  to  l)e  deemed 
Void.  Or  if  not  Void  are  thev  reneiilablc  hv  tlie  Criiwii. 


COLONIAL  RECORDS.  291 


As  the  ciroumstancos  and  duration  of  each  particular  Law  may  have 
great  Influence  on  the  Question  concerning  their  present  force,  we  can- 
not give  any  precise  answer  to  this  Question  and  can  only  say  in  Gen- 
eral, that  as  to  Old  Laws  which  have  been  in  use  amongst  the  people 
and  acquiesced  in  by  the  Proi^rietors  we  are  of  opinion  they  are  not  void 
or  now  repealable  by  the  Crown  notwithstanding  tlie  defects  mentioned 
in  the  Quore  D.  RYDER 

27  Feb'^  173|.  J.  STRANGE 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  36.] 

M'  Attorney  &  Solicitor  General's  Report  upon  two  Acts  of  North  Caro- 
lina, relating  to  Staple  Conioditys  Rated,  &  certain  Queries  there- 
upon. 

May  it  please  your  Lordships  [of  the  Board  of  Trade] 

In  obedience  to  your  Lordships  CofBauds  signified  to  us  by  M"'  Popple, 
in  his  letter  of  the  seventeenth  In.stant,  transmitting  to  us  the  annexed 
Copies  of  two  Acts  of  North  Carolina,  and  the  annexed  answer  to  cer- 
tain Querys.  We  have  considered  the  same  and  likewise  an  Extract  from 
the  General  Con.stitution,  N°  83.  Stated  to  us  in  a  late  Case  from  your 
Lordships,  wherein  it  is  ordered  that  "No  Act  or  order  of  Parliament 
"  shall  be  of  any  force  unless  it  be  ratified  in  Open  Parliament  during 
"the  same  session,  by  the  Palatine  or  his  Deputy,  and  three  more  of  the 
"Lords  Proprietors,  &  their  Deputies,  &  then  not  to  continue  longer  in 
"  force  but  'till  the  next  Biennial  Parliament  unless  in  the  mean  time  it 
"  be  ratified  under  the  hands  &  .seals  of  the  Palatine  himself  and  three 
"  more  of  the  Lords  Proprietors  themselves,  and  by  their  order  published 
"at  the  next  Biennial  Parliament."  And  upon  the  whole  circumstances 
of  the  Case,  relating  to  the  Acts,  we  are  of  Opinion  that  they  are  not 
binding  either  on  the  Crown  or  People. 

All  which  is  humbly  submitted  to  your  Lord*" 

DUDLEY  RYDER 
Rec*  March  22'^  173|  JOHN  STRANGE 


STAPLE    COMMODITIES    RATED. 

Be  it  Enacted  by  His  Excellency  the  Palatine  and  the  re.st  of  the  true 
and  absolute  Lords  Proprietors  of  Carolina  by  and  with  Advice  and 
Consent  of  this  Gen'  Assembly  now  met  at  Little  River  for  the  N°  East 
Part  of  the  said  Province  and  the  Authority  of  the  same 

And  it  is  hereby  Enacted  that  for  Establishing  a  certainty  in  Trade 
and  in  the  Pavment  of  Piiblidv  licvics  ail   Delrts  diu'  <ir  w  liirh  lu-reatU'r 


292  COLONIAL  RECOEDS. 


may  become  due  on  account  of  the  Publick  or  to  any  Inhabitant  or  For- 
eigner Trading  amongst  us,  or  in  our  Private  Dealings  amongst  ourselves 
or  other  wise  howsoever  the  Debt  being  contracted  or  Due  in  money  not 
expressing  sterling  such  Person  or  Persons  to  whom  such  money  shall  be 
Due  shall  take  and  receive  the  same  in  any  specie  hereafter  expressed 
and  at  the  Rate  hereby  appointed  or  in  Publick  Bills  of  Credit  anything 
in  this  Act  contained  to  the  contrary  notwithstanding. 

£         s        d 

Tobacco  f  Hund"  w'  0  "  10  "  0 

Indian  Corn  per  Bushel  —  "     1    "  8 

Wheat  per  Bushel  —  "     3  "  6 

Cheese  per  lb  —  "  —  "  -1 

Raw  Buck  and  Doe  Skins  ^  pound  —  "  —  "9 

Drest  Buck  and  Doe  Skin  ^  ft)  _  "     2  "  6 

Tallow  tryed  per  ft)  —  "  —  "5 

Leather  tann'd  and  unciu-ricd  '^  jwund  —  "  —  "8 

Beaver  &  Otto  Skins  '^  pound  —  "     2  "  6 

Wild  cat  Skins  f  piece  —  "     1   "  - 

Butter  ^  pound  _"_"(] 

Feathers  ^  pound  —  "     1   "  4 

Tarr  ^  Barrel  Full  gauge  _  "  10  "  - 

Pitch  f  Barrel  Full  gauge  1  "  _  «  _ 

Whale  Oil  f  Barrel  1  "  10  "  - 

Beef  ?  Barrel  1  "  10  "•  - 

Pork  f  Barrel  2  "     5  "  - 

And  be  it  further  Enacted  by  the  Authority  aforesaid  that  none  of  the 
aforementioned  Commodities  shall  be  forced  upon  any  Creditor  Publick 
Receiver  or  other  at  the  Rates  aforementioned  unless  they  be  good  in 
their  kind  and  mercliantable  and  approved  by  two  substantial  Free- 
holders indifferently  chosen  and  sworn  before  some  Magistrate,  Justly 
and  Impartially  to  give  their  opinion  therein. 

And  be  it  further  Enacted  that  in  all  Contracts  made  or  hereafter  to 
be  made  for  Drest  Buck  Skins  at  Two  Shillings  per  skin  and  Drest  Doe 
Skins  at  one  Shilling  and  Sixpence  per  Skin  the  same  shall  be  adjudged 
equal  to  Sterling  money  of  the  Kingdom  of  Great  Britain. 

This  Act  was  passed  or  rather  revised  in  17^. 


An  Act  being  an  Additional  Act  to  an  Act  Entituled  Staple  Commodi- 
ties rated. 
Whereas  thro  tlie  great  industry  of  divers  of  the  Inhabitants  of  this 

Province  the  making  of  Hemp,  Rice  and  Turpentine  are  much  imj)roved 


COLONIAL  EECORDS.  29:5 


aud  would  become  valuable  Speciefs  in  Trade  in  this  Govenuuent  if  due 
encouragement  were  given  for  making  the  same  by  rating  them  at  a  cer- 
tain price  and  making  them  equal  in  their  Currency  with  the  Staple  Com- 
modity of  this  Government 

Be  it  enacted  by  His  Excellency  the  Palatine  and  the  rest  of  the  true 
and  absolute  Lords  Proprietors  of  Carolina  by  and  with  the  advice  and 
consent  of  the  rest  of  the  Members  of  this  present  General  Biennial 
Assembly  now  mett  at  Edentou  for  the  North  East  part  of  the  said 
Province  And  it  is  hereby  enacted  that  for  the  further  Establishing  the 
Trade  of  this  Government  and  in  payment  of  the  Publick  Levys  and  all 
debts  due  or  which  hereafter  may  become  due  on  Account  of  the  Publick 
or  to  any  Inhabitants  or  Foreigners  trading  amongst  us  or  in  our  private 
dealing  amongst  ourselves  or  otherwise  howsoever  (the  debt  being  con- 
tracted or  due  in  money  not  expressing  sterling)  And  that  Encouragement 
be  given  for  and  improving  the  above  named  Commoditys  such  Person 
or  persons  to  whom  such  money  shall  be  due  either  on  the  Publick  or  on 
private  Accounts  shall  take  and  receive  the  same  in  any  of  those  specie 
as  well  as  those  heretofore  rated  and  as  the  rates  hereafter  appointed  or  in 
Publick  Bills  of  Credit. 

£.  s.  d. 
Hemp  Water  rotted  Merchantable  &  fit  for  Export  ^  p'*  -  "  -  "  8 
Rice  ^  Hundred  Cleaned  &  fit  for  Exportation  1   "  5  "  - 

Turpentine  Merchantable  '^  ban-"  full  gauge  31  gall"'  1   "  5  "  - 

Indian  Corn  f  Bushell  _  "  2  "  - 

Wheat  f  Bushell  _  «  4  «  _ 

Provided  the  same  be  good  in  their  kind  and  merchantable  and 
approved  by  two  substantial  Freeholders  indifferently  chosen  and  sworn 
before  some  Magistrate  Justly  impartially  to  give  their  opinions,  and  shall 
be  delivered  by  the  persons  paying  the  same  at  such  landing  as  is  most 
commonly  made  use  of  by  them  in  some  Convenient  time  after  it  is 
received  And  a  delivery  thereof  at  the  time  appointed  by  the  Persons  so 
receiving  the  same  and  proof  thereof  made  shall  be  a  sufficient  payment 
for  any  the  debts  aforesaid  passed  in  1723. 


QUERYS  [and    Mf    MccULI.OH'S    AN.SWER    THERETO]. 

1"  When  were  those  Acts  for  rating  Comodities  passed? 

The  two  Acts  referred  to  the  Attorney  &  Solicitor  General  were  passed 
about  twenty  five  Years  ago. 

2'"'  What  has  been  the  usuage  witii  respect  to  the  Rents  due  the  Lords 
Proprietors,  and  also  the  Contracts  between  Private  Persons? 


294  COLONIAL  RECORDS. 


The  Quit  Rents  the  Lords  Proprietors  reserved  to  themselves  on  I^ands 
granted  by  them  was  payable  in  sterling  money  excepting  in  Albemarle 
Precinct  where  lands  were  granted  by  the  Lords  Proprietors  officers,  con- 
formable to  what  the  People  term  their  Grand  Deed,  it  has  been  the 
practice  of  that  Colony  in  many  Cases,  to  receive  the  Quit  Rents  in 
Commodities,  but  this  api)ears  to  be  owing  to  the  necessitys  of  the  Lords 
Proprietors  Officers,  as  they  had  no  other  allowance  made  them,  than 
what  arose  from  the  Quit  rents. 

As  to  the  Contracts  between  private  Persons,  till  of  late  there  was 
very  little  Order  observed  in  that  respect,  as  the  People  residing  in  that 
Province  were  generally  deemed  a  sett  of  Out  Laws. 

3diy  Whether  any  payment  of  Quit  rents  has  been  made  to  the  Lords 
Proprietors  on  the  footing  of  this  Act,  and  whether  they  have  ever 
accepted  the  same  in  Account? 

It  does  not  appear  that  any  Quit  rents  have  been  paid  on  the  foot  of 
this  Act  and  Governor  Johnston  is  of  Opinion,  that  this  Law  was  not 
intended  to  regulate  the  Method  of  paying  the  Quit  rents,  but  that  from 
pure  necessity,  the  Lords  Proprietors  Officers  received  whatever  the 
People  thought  proper  to  tender  them ;  the  Lords  Proprietors  had  at 
sometimes  notice  of  what  their  Officers  were  doing,  but  it  does  not  appear 
that  they  ever  approved  of  their  Conduct  in  form,  nor  does  it  appear 
any  of  their  Lordships  Officers  ever  passed  their  Accounts  in  a  regular 
manner  with  their  Lordships  in  London,  their  Accounts  having  been  for 
the  most  part  settled  with  their  Governors  in  the  Province. 

4"'  Whether  this  Act  was  returned  to  the  Lords  Proprietors,  &  wliether 
they  ever  declared  their  sense  concerning  if? 

These  two  Laws  were  never  confirmed  by  the  Lords  Proprietors  nor 
indeed  is  there  any  now  in  the  Colony,  excepting  six  that  were  ever  con- 
firmed by  them,  most  of  the  Laws  now  in  being  in  that  Province,  are 
full  of  inconsistences,  and  some  of  them  plainly  calculated  to  serve 
fraudulent  purposes,  neither  have  they  any  complete  Body  of  Laws 
amongst  them,  many  of  the  Copys  not  agreeing. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  40.] 

My  Lords  [of  the  Board  of  Trade] 

Being  lately  informed  that  the  Gentlemen  of  South  Carolina  are  mak- 
ing some  attempts  to  induce  your  Lordships  to  sett  aside  the  Boundarv 
Ijine  betwixt  them  and  this  Province  as  the  same  was  .settled  at  their  o\\'n 


COLONIAL  RECORDS.  295 


request  about  three  years  ago,  I  must  take  the  liberty  to  offer  wliat  fol- 
lows on  this  subject  to  your  Lordships  Consideration.  It  cannot  easily 
be  forgot  what  difficulties  occurred,  and  what  warm  disputes  past  con- 
cerning this  affair  for  the  first  five  or  six  years  after  his  Majesties  pur- 
ciia.se,  upon  my  arrival  at  Cape  Fear  anno  1734  in  the  first  letter  I  had 
from  the  Governor  of  South  Carolina.  He  was  anxious  to  know  if  I  had 
not  brought  over  a  more  plain  Instruction  about  the  dividing  Line, 
when  I  assured  liim  I  had  not,  but  did  design  to  put  the  old  Instruction 
into  Execution.  Early  in  the  year  1735  three  Commissioners  were  ap- 
pointed with  full  power  from  the  Governor,  Council  and  General  Assem- 
bly of  South  Carolina  to  adjust  that  matter  with  other  Commissioners  to 
be  appointed  by  this  Province.  The  Commissioners  from  South  Caro- 
lina came  into  this  Colony,  and  desired,  that  without  adhering  with  too 
much  rigour  to  the  words  of  the  Instruction,  which  favoured  our  pre- 
tensions very  much,  we  would  agree  to  such  reasonable  propositions  as 
they  designed  to  make  us,  and  then  join  our  Endeavours  to  gett  this 
agreement  ratified  at  liome,  an  Agreement  was  accordingly  drawn  up  in 
full  and  ample  form  signed  sealed  and  exi^hanged,  by  the  Commissioners 
of  the  two  Provinces,  ratified  by  tiieir  constituents  and  tiie  most  difficult 
part  of  tlie  Line  actually  marked  in  pursuance  of  this  agreement,  soon 
after,  I  had  the  honour  to  acquaint  your  Lordships  with  this  transaction, 
and  you  were  so  good  as  to  assure  me  in  your  answer  that  you  would 
shew  great  regard  to  this  solemn  and  peaceable  decision  of  an  affair  that 
had  formerly  l>een  the  occasiou  of  much  wrangling  and  contention,  since 
that  time  his  Majesty  has  been  pleased  to  grant  to  some  Merchants  in 
London  1200000  acres  of  Land  in  this  Province,  a  great  part  of  which 
is  ordered  to  be  laid  out  on  the  iiead  of  Pedee  River,  and  just  within  the 
dividing  liiue  as  it  was  agreed  to  by  the  Commissioners,  and  this  it  is 
presumed  may  be  looked  upon  as  an  actual  confirmation  on  His  Majesties 
part  of  this  division  of  his  two  Provinces.  The  Surveyor  General  of 
tliis  Colony  has  been  actually  empkty'd  in  this  survey  for  some  months 
past  aud  must  continue  still  a  h)ng  time  attended  with  a  great  number  of 
men  and  horses  with  provisions  so  that  this  Article  alone  must  cost  the 
Gentlemen  concerned  a  great  sum  of  money  besides  their  charges  in  solic- 
iting that  matter  at  home,  and  all  this  must  be  lost  to  them  if  the  desires 
of  South  Carolina  are  complied  with.  Upon  the  whole  it  is  humbly  sub- 
mitted to  your  Lordships  whether  an  agreement  which  these  gentlemen 
came  into  this  Province  to  solicite  which  they  consented  to  with  great  joy, 
which  they  afterwards  ratified  ami  partly  carried  into  Execution,  an 
agreement  which  your  Lordships  approved  of,  aud  has  in  some  measure 
the  Royal  sanction  ought  to  be  sett  aside  purely  to  gratify  these  Gentle- 


296  COLONIAL  RECORDS. 


men's  humours,  or  whether  it  is  not  very  probable  that  as  they  were  at 
first  very  uneasy  under  the  Royal  Instruction  on  this  Head,  tho  drawn 
in  the  manner  they  desired  and  are  now  dissatisfied  with  their  own  agree- 
ment, any  concession  now  made  will  give  them  any  lasting  satisfaction  or 
prevent  your  Lordships  from  future  applications  on  this  AiFair;  It  is 
hoped  that  at  least  your  Lordships  will  be  so  good  as  to  hear  what  can  be 
said  in  behalf  of  this  Province  before  any  alteration  is  determined. 

I  am  My  Lords,  &c.,  GAB.  JOHNSTON. 

Cape  Fear,  June  13'"  1738. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  9.  A.  57,  60,  62,  68.     Vol.  10.  B.  33,  37.] 

BLANK  PATENTS. 

The  Ca.se  of  the  Blank  Patents  in  North  Carolina  fairly  stated  in  behalf 

of  his  Majesty. 

It  is  confessed  on  ail  sides  that  many  years  before  the  year  1724  the 
lands  office  for  tlie  County  of  Bath  was  shut  up  and  the  Governor  and 
Council  by  tlie  most  Direct  explicit  and  frequently  repeated  orders  from 
the  Grand  and  absolute  Lords  Proprietors  were  deprived  of  all  power  of 
granting  Lands  and  absolutely  discharged  from  selling  any  in  the  said 
County  unless  by  an  Order  from  their  Board  in  London  upon  the  pay- 
ment of  twenty  pounds  sterling  per  1000  acres  there. 

This  Prohibition  to  grant  or  sell  Lands  in  the  County  of  Batli  except  in 
tile  manner  aforesaid  was  never  removed  untill  the  Crowns  purchase  That 
it  was  universally  known  to  ail  the  Inhabitants  of  this  Province  that 
the  Governor  and  Couni'ii  iiad  no  power  or  authority  to  grant  or  sell 
lands  except  upon  the  Terms  above  mentioned  plainly  appears  from 
what  follows. 

In  the  year  1724  it  was  a  general  complaint  through  the  Province 
that  the  Lords  Proprietors  had  absolutely  discharged  the  sale  of  Lands 
in  the  County  of  Bath  except  upon  Terms  tiiat  could  not  be  complyed 
with  viz :  20"'  ster :  (payed  at  their  Board  in  London)  and  that  this  Pro- 
hibition greatly  hindered  the  settlement  of  the  country.  The  lower 
hou.se  of  Assembly  did  upon  this  address  the  Council  to  interceed  with 
the  Lords  Prop"'*  to  withdraw  this  order  which  the  Councill  did  and 
upon  a  second  address  the  Council  ventured  to  make  a  regulation  by 
which  people  were  allowed  after  a  survey  to  .sett  down  and  cultivate  tracts 
of  land  in  tiie  County  of  Bath  and  pay  S'^  per  hundred  acres  and  that  per- 
sons so  cultivating  should  have  the  preference  in  the  purchase  of  such 


COLONIATv  RECORDS.  297 


lands  whenever  their  Lordships  shonld  be  pleased  to  permitt  their  lands 
to  be  sold,  but  even  tiiis  Regulation  was  to  continue  in  force  no  longer 
than  untiil  the  Proprietors  pleasure  sliould  be  known  from  all  which  I 
shall  only  make  this  plain  inference  that  when  this  Prohibition  to  the 
Governor  and  Council  was  reckoned  a  General  Grievance  and  as  such 
was  represented  in  the  General  Assembly  and  afterwards  such  solemn 
and  deliberate  proceedings  of  the  two  parts  of  the  legislature  had  there- 
upon in  order  to  prevent  its  bad  consequences,  It  cannot  with  the  least 
modesty  be  pretended,  that  this  Prohibition  did  not  at  this  time  Exist 
and  that  it  was  not  universally  known  and  notorious  that  it  did  exist  so 
that  there  is  not  the  least  pretence  to  plead  Ignorance  in  this  case. 

I  must  at  the  same  time  observe  to  your  Lords  that  this  regulation  of 
the  Council  was  very  prudent  and  just  and  if  it  had  been  adhered  to 
would  have  prevented  all  the  confusions  which  have  since  happened  in 
this  Province  but  instead  of  this  some  leading  men  in  the  Province  anil 
officers  of  the  Lords  Proprietors  convened  together  and  by  a  long  Train 
of  Artifices  and  threats  prevailed  upon  the  weakness  and  necessities  of 
Sir  Richard  Everard  (tho  it  was  never  pretended  that  he  had  any  more 
power  than  his  predecessors  to  Grant  land)  to  sign  Patents  along  with 
the  Council  upon  various  ])retences  which  he  continued  to  do  during  all 
the  rest  of  his  administration  in  a  most  open  carefull  manner.  These 
Patents  were  drawn  up  in  form  and  signed  and  sealed  with  the  persons 
names  the  number  of  aci-es  the  description  of  the  Boundaries  and  the 
Sums  paid  for  'em  [left]  in  Blank  and  remained  so  in  the  secretaries 
office  from  whence  they  were  issued  and  disposed  of  and  filled  up  just  as 
the  proprietors  officers  thought  fitt  I  have  seen  [many]  of  them  myself 
since  I  came  into  the  Country  in  private  persons  hands  entirely  blank  and 
have  been  credibly  informed  that  Bundles  of  them  at  a  time  have  been 
hawked  about  the  Country  but  to  be  more  particular  besides  the  Grand 
original  Defect  that  they  were  issued  by  persons  who  not  only  had  no 
power  to  grant  them  but  were  universally  known  to  have  no  power  I 
shall  only  remark  the  following  defects  in  most  of  tiiem  P'.  These  were 
taken  out  of  the  Office  with  the  Date  the  persons  names  the  situation  of 
the  Lands,  number  of  acres  and  pjiu'chase  money.  Some  or  all  of  those 
left  in  Blank  2.  They  were  not  preceeded  by  regular  surveys  returned 
into  the  Secretary's  Office  3.  Many  of  them  their  dates  filled  up  since 
his  Majesties  purchase  took  place  4"'.  The  original  Records  from  which 
they  are  supposed  to  be  extracted  plainly  evince  them  to  be  fraudulent 
For  upon  Inspection  it  appears  that  many  Patents  of  the  date  of  172o. 
1726.  &  1727.  are  there  placed  after  Patents  of  1729.  1730.  and  this  net 
in  one  or  two  places  but  in  many  tho  the  pages  of  the  book  are  regularly 
marked  and  no  transposition  appears. 
38 


298  COLONIAL  RECORDS. 


Besides  the  defect  above  named  the  bad  consequences  attending  the 
confirmation  of  those  patents  ought  to  be  considered,  of  which  I  shall 
only  mention  two  at  present  1°'  The  oppertunity  it  gives  people  of  pos- 
sessing what  Quantities  of  land  they  please  and  of  claiming  what  per- 
sons lands  they  think  fit  proper  as  the  number  of  acres  and  dates  have 
been  and  perhaps  are  still  in  their  own  power,  for  there  is  no  knowing 
what  number  of  them  may  still  i-emain  not  filled  up  2°'"^  the  posses- 
sors of  some  of  those  Patents  have  persuaded  some  of  the  Crowns  ten- 
nants  in  the  other  County  to  give  up  their  own  tenures  of  2'  '^  100 
acres  and  take  out  these  new  Patents  at  6''  and  V  '^  100  acres  as  if  they 
had  sworn  the  distruction  of  the  late  Lord  Proprietor  now  the  crown 
Receiver,  one  of  the  principal  Reasons  why  his  Majesty  purchased  this 
province  was  that  his  subjects  might  possess^  land  without  any  purchase 
upon  paying  an  Easie  Quit  rent. 

But  if  people  may  meerly  by  filling  up  a  piece  of  Blank  Paper  call 
what  lands  they  please  their  own  they  easily  oblige  strangers  to  buy  of 
them  and  so  intirely  frustrate  his  Majesties  Gracious  Intention  if  one 
may  judge  of  what  is  future  by  what  is  past. 

The  only  api)earance  of  argument  tho  by  no  means  a  solid  one  I  have 
heard  in  favour  of  such  of  these  Patents  as  are  dated  before  January 
1727  is  the  following  clause  in  the  Act  for  the  sale  of  the  two  provinces. 
Except  all  such  Tracts  of  land  Tenements  and  Heredeterments,  as  have 
been  at  anytime  before  the  P'  of  January  1727  Granted  or  conveyed  by 
or  comprized  in  any  Grants,  Deeds,  Instruments  or  conveyances  under 
the  Common  Seal  of  the  said  Lords  Proprietors  either  in  England  or  the 
Provinces  aforesaid.  This  in  the  opinion  of  the  Possessors  of  these 
Patents  ratisfys  all  their  Patents  prior  to  that  Date,  But  I  can  never  be 
of  opinion  that  this  Act  in  any  part  of  it  ever  intended  to  convey  any 
Grants  Deeds  Instruments  and  conveyances  which  were  originally  Null 
and  Void,  and  which  they  might  date  whenever  they  pleased  especially 
when  it  is  declared  in  tlievery  next  Clause  that  this  Exception  shall  not 
extend  to  nor  include,  any  forfeited  Grants  nor  any  Rents  Services, 
Signiories  or  Riglits  of  Escheat  reserved  upon  or  Incedeiit  to  any  such 
Grants,  after  seriously  considering  the  premises  and  attentively  perusing 
my  39  Instruction  which  condemns  most  of  them  and  other  of  my  In- 
structions which  his  Majestie's  service  will  not  allow  me  as  yet  to  pub- 
lish and  which  includes  all  of  'em  I  did  by  and  with  the  advice  and  con- 
sent of  his  Majesties  Council  erect  a  Court  of  Exchequer  and  afterwards 
issue  a  Proclamation  by  which  I  declared  my  Intention  of  ordering  the 
Attorney  General  to  vacate  all  those  Patents  and  at  the  same  time  to 
allow   innocent  and    fair    purchasers  the  liberty  of  surrendering  these 


COLONIAL  RECORDS.  29f) 


Patents  to  me  and  taking  out  new  ones  according  to  His  Majesties  In- 
structions upon  wliicii  the  Gentlemen  principally  concerned  in  these 
Patents  did  represent  unto  me  tliat  they  conceived  I  understood  my  In- 
structions in  too  rigorous  a  sence  and  if  they  could  be  heard  at  your 
Lord'f"  Board  they  might  meet  with  more  Indulgence  I  readily  con- 
sented to  their  Request  and  have  sent  their  memorial  along  with  this 
Representation  which  as  a  faithful  and  sworn  servant  of  the  Crown  I 
thought  it  my  duty  to  lay  before  your  Lordships  that  you  might  see  at 
one  view  what  can  be  said  against  as  well  as  for  these  Patents  and  upon 
the  whole  beg  the  favour  of  your  Lordships  favour  Commands  what 
shall  be  punctually  obeyed  by 

Your  Lordships  most,  &c.,  GAB :  JOHNSTON. 

Rec"  August 'i-""  1735. 

[To  the  Board  of  Trade.] 


My  Lords  [of  the  Board  of  Trade] 

I  lately  received  from  N°  Carolina,  the  Copy  of  a  Representation,  sent 
by  Gab :  Johnston  Esq"'  Governour  of  that  Province  to  Your  Lordships 
which  the  said  Gov'  Stiles  The  Case  of  the  Blank  Patents  in  North  Caro- 
lina fairly  Stated  in  behalf  of  his  Majesty. 

My  Lords.  After  I  had  read  and  Considered  this  Composition,  was 
greatly  surprized  to  find  my  Successor  had  not  fairly  (nor  indeed  truly) 
Stated  that  Matter,  very  far  from  me,  be  the  thought  of  Suspecting  a 
Gentleman  endowed  with  so  much  wisdom,  &  learning  as  M''  Johnston, 
should  want  knowledge  therefore  cannot  refrain  from  mistrusting,  he  has 
too  much  an  Eye  to  his  own  Proffitt,  and  this  might  induce  him  to  frame 
the  said  representation  in  the  manner  it  came  to  your  Lordships,  more 
than  any  vein  of  serving  the  King,  That  neither  M'  Johnstons  Sophistry 
nor  Elegance  may  obscure  the  Truth  from  Your  Lordship,  I  will  en- 
deavour for  Your  Lordships  clearer  Information  to  lay  before  you  many 
Omissions  and  great  defects  in  Gov'  Johnstons  State  of  the  Patent. 

In  the  first  paragraph  and  part  of  the  2°''  M'  Johnston  afiirms  that 
before  the  year  1724  the  Land  Office  for  the  County  of  Bath  was  shut 
up  &c  This  is  very  true  and  after  the  Late  Lord  Proprietors  signified 
their  Pleasures  to  Charles  Eden  Esq'  their  then  Gov'  of  North  Carolina 
(to  whome  I  succeeded)  on  that  head :  there  were  no  more  purchase  wai-- 
rants  issued,  but  as  that  Province  had  been  many  years  grievously  har- 
rassed  by  long  and  dangerous  Warrs,  with  the  Indians;  Some  Persons 
who  had  taken  out  warrants  for  Lands,  were  afraid  to  fix  in  Bath  County 


:'M0  COLONIAL  RECORDS. 


(luring  the  said  Warr ;  but  when  Peace  and  Quiet  times  succeeded  to  wars 
and  Tumult  part  of  the  Proprietors  of  those  Warrants  required  patents 
for  the  Quantity  of  Land  Specified  in  their  respective  warrants,  which 
was  Unanimously  consented  to  by  M''  Eden  then  Gov''  and  the  rest  of  the 
Proprietors  deputies  the  rest  of  the  Possessors  of  these  sort  of  Warrants 
were  by  different  Motives  deterred  from  Settling  their  Familys  in  Bath 
County,  and  therefore  transferred  them  to  others  more  Adventurous ;  who 
always  obtained  patents  on  those  Warrants  When  a  Survey  was  returned 
into  the  Secretary  Office  all  this  was  well  known  to  the  Lords  Proprie- 
tors; they  had  Yearly  accounts  of  it;  Yet  they  never  forbid  nor  found 
fault  with  their  Gov'  and  Deputies  for  providing  in  that  manner  during 
the  time  I  was  their  Governour  I  signed  about  tweiity  such  Patents.  S' 
Richard  Everard  the  last  Governour  the  Proprietors  had  in  No  Carolina 
Acted  in  the  same  Manner,  as  M'  Eden  and  myself  had  done  before  him 
I  cannot  Imagine  that  either  of  us  betrayed  our  Trust  or  Committed  a 
fault  in  what  wee  did  in  this  particular,  but  if  any  man  differs  in  opinion 
from  me  he  will  find  that  all  the  Deputies  and  Councillors  of  the  projjrie- 
tors  will  fall  under  his  Censure  all  the  time  the  Proprietors  held  North 
Carolina  the  Governour  and  at  least  one  half  of  the  Council  signed  the 
Warrants  and  Patents  I  cannot  help  observing  to  your  Lordship  that 
M'  Johnston  in  the  remaining  part  of  the  second  paragraph  doth  not  pro- 
ceed with  the  Truth,  and  Candour,  necessary  in  a  matter  of  so  great  con- 
sequence which  will  appear  by  my  Stateing  the  matter  rightly,  to  illus- 
trate and  prove  what  he  asserted  in  the  first  Paragraph  and  beginning  of 
this  he  writes  that  in  the  Year  1724  &c  Your  Lordships  may  be  pleased 
to  Observe,  that  when  the  I^ords  Proprietors  altered  the  ancient  custom, 
and  manner  of  Selling  their  Lands  in  Bath  County,  there  never  appeared 
any  Purchaser  to  deal  with  them,  on  the  terms  they  proposed  because  the 
price  they  fixed  was  double  or  Treble  what  land  then  and  long  since  sold 
for,  from  one  man  to  another  in  Bath  County  which  I  can  prove  by  many 
Scores  of  Sales.  In  the  Year  1724  I  was  Governour  of  North  Carolina 
M'  Johnston  must  know  this,  but  what  reasons  he  may  have  for  not  tak- 
ing notice  of  it,  am  yet  to  learn.  At  my  first  arrival  in  that  Country  I 
foimd  the  inhabitants  were  few  in  Number  and  inexpressibly  poor  I 
made  it  my  Chief  Study  to  increase  the  People  and  Promote  trade,  had 
the  pleasure  to  find  the  method  I  used  succeeded  beyond  ray  expectations 
the  Daily  Coming  of  People  into  the  Country  raised  the  Price  of  Lands 
insomuch  that  a  Considerable  number  of  Men  were  inclined  to  sell  their 
Old  Settlements  and  look  for  new  in  the  desarts  (in  those  days  there  was 
but  a  small  part  of  the  Province  Inhabited)  the  project  was  very  agree- 
able to  me  but  a  method  how  to  put  this  in  execution  was  necessary  to 


COLONIAL  RECORDS.  301 


render  it  Eifectual.  After  many  Consultations,  held  with  the  most  intel- 
ligent and  experienced  Men,  I  eould  not  discover  any  better  way  than 
that  the  Assembly  should  present  an  Adress  to  myself,  and  Council,  on 
that  head;  which  was  done  and  complyed  with  in  the  manner  I  formerly 
made  known  to  your  Lordships,  when  I  sent  you  a  coppy  of  this  address, 
and  the  order  of  Council  made  thereon  to  which  for  Brevity  I  referr 

IVP  Johnston  says  that  the  Council  did  upon  a  second  address  from  the 
Lower  House  of  Assembly,  venture  to  make  a  regulation  by  which  Peo- 
ple were  allowed  to  set  down  and  cultivate  Tracts  of  Land  &c  I  re- 
member but  cue  address  on  this  affair  and  believe  that  was  all  Surely 
M'  Johnston  must  know  that  a  Council  without  Concurrence  of  the  Gov- 
ernour,  could  not  make  a  Regulation  to  Allow  People  to  Sett  down  and 
Cultivate  Land.  Warrants  to  tiie  Surveyor  could  not  be  granted  nor 
executed  without  the  Governour  set  his  hand  to  them  therefore  your 
Lordships  may  perceive  M'  Johnston  has  prevaricated  or  at  least  con- 
cealed part  of  the  truth,  in  the  Account  he  has  given  you,  I  must  allso 
take  notice  that  ]\P  .Johnston  in  Plain  Inferrence  mentions  only  two  parts 
of  the  Legislature.  Yet  I  know  and  well  remember  that  the  third  was 
not  sleeping  at  the  Solemn  and  deliberate  proceedings  had,  by  the  Other 
two  parts  on  tliat  Occasion,  but  was  the  life  of  the  whole  M'  Johnston 
Seems  to  Strain  himself  in  closeing  this  Article  to  prove  a  Vast  truth, 
which  no  man  ever  did  or  ever  will  contest. 

In  the  next  paragraph  the  Gov"^  is  not  mentioned  with  the  Council 
tho  he  ought  to  have  his  place  at  the  head  of  the  table  according  to 
ancient  and  modern  usuage.  the  reason  may  be,  because  his  Excellency 
cannot  help  o^vning  that  the  regulation  then  made  was  very  prudent  and 
just  this  was  adhered  to  all  the  time  I  continued  Governour  for  the  Pro- 
prietors; had  it  also  been  adher'd  too  in  S''  Richard  Everard's  adminis- 
tration I  do  affirm  it  would  not  have  prevented  the  one  hundredth  part 
of  the  confusion  that  happened  during  tlie  Baronetts  Government.  I 
have  given  your  Lordships  ample  and  faithfull  accounts  of  these  matters 
in  the  Letters  I  had  the  Honour  in  former  times  to  send  you.  If  tliere 
is  anything  more  to  come  to  my  knowledge.  [I]  shall  be  allways  ready  to 
make  it  known  to  your  Board  when  you  please  to  Command  my  At- 
tendance. 

It  must  appear  Strange  to  your  Lordships  if  you  Seriously  Consider 
Governour  Johnston's  Represeutatiou,  that  he  take  no  notice  of  running 
the  Line  between  Virginia  and  North  Carolina  because  on  this  Article 
much  depends  when  his  Majesties  Commands  and  those  of  the  Lords 
Proprietors  came  itito  the  two  provinces,  to  fix  the  Boundarys  according 
to  an  Order  signed  by  the  King  in  Council  two  or  three  orders  were 


302  COLONIAL  RECOEDS. 


made  in  the  Council  of  North  Carolina  to  sell  Lands  to  defray  that 
Expeuce  there  being  no  other  way  to  Eifect  it,  this  was  the  true  reason 
why  S'  Richard  signed  so  many  Patents  in  the  Course  of  this  Affair  he 
kept  an  exact  account  of  all  the  Patents  he  signed,  the  day  when  he 
signed  them,  to  whome  granted  and  for  whose  use  and  the  nature 
of  the  Grant  A  Coppy  of  this  Register  I  sent  your  Lordships  After 
I  had  rec'd  it  of  S'  Riciiard  I  thought  proper  to  compare  that  with 
the  receivers.  I  found  them  to  agree,  but  for  my  further  Informa- 
tion required  to  see  his  day  book  (knowing  he  always  kept  one)  which  he 
readily  produced  and  upon  comparing  them  perceived  all  the  Accounts 
to  be  within  A  thousand  acres  of  one  another  as  far  as  M'  Little  the 
receiver  had  gone  for  S'  Richard  had  signed  sixteen  patents  that  remained 
in  the  Receivers  hands  for  want  of  paying  tlie  jjurchase  money,  which 
Patents  were  never  patented  nor  passed  the  scale. 

It  was  always  the  method  in  North  Carolina  whilst  the  Proprietors 
held  that  Province  for  the  Secretary  to  Acquaint  the  Governour  and 
Council  if  he  had  occasion  for  Patents  which  were  drawn  in  the  usual 
form  but  a  Blank  left  in  the  middle  to  be  filled  up  with  the  Persons 
names  the  description  and  Situation  of  the  Land  Number  of  Acres  and 
soforth  which  the  Secretary  for  the  time  being,  filled  up  when  the  Sur- 
veyor General  or  his  Deputies  made  returns  of  Surveys  this  method 
did  not  seem  to  me  regular  but  was  never  of  any  111  consequence  for  as 
the  Governours  received  A  fee  of  two  shillings  and  sixpence  for  every 
Fifty  acres  of  Land  Granted  it  behooved  them  to  see  that  the  Quantities 
mentioned  in  the  Patents  were  no  more  than  Specified  by  the  Warrants. 
Moreover  if  any  fraud  had  been  attempted  it  might  easily  have  been 
discovered  in  one  or  both  of  the  Secretary  and  Surveyors  Offices  Pur- 
chase Patents  were  drawn  in  a  different  manner  from  tliose  under  the 
Grand  Deed  (as  it  is  called)  for  the  County  of  Albemarle  S'  Richard 
Everard  always  took  ten  shillings  as  a  fee  for  every  tiiousand  Acres  of 
Land  granted  by  purchase  and  Patents  and  as  he  kept  a  very  exact 
account  of  what  he  Signed  it  is  not  probable  that  he  put  his  iiand  to  any 
that  he  had  not  the  Number  of  Acres  sett  down  I  made  diligent  In- 
quiry after  these  sort  of  Patents  mentioned  by  M'  Johnston  that  were 
so  very  blank  but  could  never  see  one  of  them  many  Wittnesses  were 
heard  in  Council  to  prove  there  were  such  on  the  Examination  of  M' 
Lovick  their  depositions  &  his  answer  were  inserted  in  the  first  Council 
Journals  I  sent  your  Lordships.  I  think  all  that  could  be  advanced  on 
that  head,  was  then  urged  against  him,  and  he  was  allowed  by  all  to 
have  cleared  himself.  I  have  heretofore  given  Your  Lordships  ray 
Opinion  of  the  Transactions  on  this  matter  and  truly  informed  you,  who 


COLONIAL  RECORDS.  303 


had  been  the  gainers  thereby  On  this  Occasion  I  hope  your  Lordship 
will  excnse  my  Informing  you,  that  after  the  Death  of  M''  Loviek  and 
M'  Little  they  were  found  to  be  both  very  much  in  debt,  and  that  M' 
Loviek  had  not  in  ten  years  before,  any  Ways  Improved  his  fortune; 
but  lessened  it  Considerable  as  for  Little  tis  doubted  whether  he  left 
Enough  to  pay  his  debts  it  is  not  out  of  kindness,  I  say  anything  in 
their  vindication  pretending  friendship  both  betrayed  and  perplexed  me, 
and  did  me  more  Mischief  than  they  could  possibly  have  done  Acting 
as  declared  enemies  as  to  the  defects  M'  Johnston  has  found  out  in  all 
or  some  of  these  patents  it  must  lye  upon  him  to  Prove  them  M'  John- 
ston deals  in  Generals  alltogether.  I  think  he  ought  to  have  been  more 
particular,  named  the  guilty  ones  by  themselves  and  not  to  put  the  inno- 
cent upon  the  same  footing  M'ith  them  it  is  certain  that  many  patents  were 
filled  up,  and  dated  after  his  Majestys  purchase  which  is  very  apparent 
by  the  records  the  Charge  of  running  this  line  went  away  with  all  the 
money  received  for  them.  It  may  not  be  improper  to  acquaint  your 
Lordships  that  the  Secretarys  in  No  Carolina  ought  to  have  recorded  all 
patents  that  passed  the  Seal  before  they  went  out  of  their  Office,  but 
patents  were  often  delivered  without  recording,  altho  the  Deputy  Secre- 
tary always  incerted  at  the  foot  of  each  patent,  Recorded  [in]  the  Secretarys 
OiSce  I  myself  possessed  some  that  were  not  recorded  in  that  Office 
Six  years  after  they  passed  the  Seal  this  fact  will  serve  to  Enlighten  one 
dark  passage  in  M"'  Johnston's  representation 

I  do  not  believe  there  are  any  patents  that  will  cause  the  two  bad  eifects 
M'  Johnston  set  down,  it  is  almost  five  years  since  S'  Richard  Everard 
ceased  to  be  Goveriiour,  Surely  cunning  and  crafty  men  would  have 
placed  their  Patents,  if  any  such  they  had,  before  M'  Johnston  wa,s  a 
blessing  to  that  Country,  for  many  reasons  more  especially  the  following- 
one,  there  were  then  more  valuable  lands  not  claimed  than  are  now'  to 
be  found  all  the  plantable  Land  Upon  Navigable  Streams  (not  taken 
up  before)  being  entered  before  I  left  that  Country.  When  the  line  was 
running  some  few  people  in  Albemarle  County  that  held  Lands  at  two 
shillings  ^  100  acres  did  take  out  purchase  patents  on  the  same  Lands  at 
six  pence  '^  100  Which  somewhat  lessened  the  amount  of  the  Quit  rents 
What  S'  Richard  could  plead  in  excuse  to  this  I  know  not  when  S' 
Richard  ceased  to  be  Governour  A  Stop  was  put  to  all  Patents,  and 
not  one  signed  in  all  the  time  I  wa.s  the  Kings  Governour,  the  reason 
is  not  unknown  to  your  Lordships  the  Imaginary  patents  must  be  of 
very  little  value  if  the  Crown  Tenants  in  the  other  county  would  pur- 
chase them  to  save  a  few  shillings  yearly  a  very  tew  of  their  patents  arc 
for  more  than  six  hundral  and  forty   acres,  but  one  with  the  other  not 


304  COLONIAL  REC^ORDS. 


half  so  miieh  for  which  reason  could  the  owners  of  these  Imaginary 
patents  sell  them  to  the  Crown  tenants  and  the  Crown  tenants  give  them 
at  the  rate  of  twenty  years  pnrcliase  for  what  they  saved  by  the  change 
the  takers  out  of  the  Patents  would  not  be  reimbursed  tlieir  charges. 
Notwithstanding  M'^  Johnston  inveighs  with  great  heat  on  this  Article 
I  am  certain  his  suggestion  is  frivolous  and  trifling.  I  am  afraid  M"' 
Johnston  will  be  deemed  by  grave  men  somewhat  rash  in  asserting  that 
one  of  the  principal  reasons  Why  his  Majesty  purchased  that  province 
was  that  his  subjects  might  possess  Land  Upon  paying  an  easy  Quit 
rent,  because  the  people  in  Carolina  know  that  the  rent  now  sett  is  four- 
teen times  as  much  as  they  paid  the  Proprietors.  M'  Johnston  in  my 
opinion  has  finished  his  paragraph  in  a  Ridiculous  manner  therefore  not 
worth  answering. 

M'  Johnston  tells  your  Lordships  in  tiie  following  paragraph  that  the 
only  Appearance  of  argument  (tho  by  no  means  a  solid  one)  that  he  has 
heard  in  favour  of  such  patents,  as  are  dated  before  January  1727  is  a 
clause  in  the  Act  for  the  sale  of  the  two  Provinces,  by  this  it  appears 
to  me  his  Excellency  (if  he  deserves  to  be  credited)  has  conversed  with 
Ignorant  men  only  since  he  got  into  America,  in  the  former  part  of  this 
Paper  I  presume  there  are  some  reasons  given  why  not  only  patents 
before  the  year  last  named  should  stand  good,  but  even  those  that  were 
subsequent,  it  appears  by  what  he  lays  down,  that  he  woidd  not  have 
one  patent  be  allowed  he  makes  no  Distinction  between  the  Different 
kinds  of  Patents  of  which  there  are  four  sorts  (viz')  purchase  j^atents, 
common  patents  Under  the  Grand  Deed.  Lapse  Patents  and  Escheat 
j)atents  (all  these  he  seems  to  endeavour  to  confound  &  destroy)  in  one 
common  ruine,  and  Strip  the  People  of  their  Possessions  which  a  Part  of 
them  under  great  difficulties  depredations  and  Slaughters  hardly  main- 
tained by  long  and  bloody  wars  against  the  Indians,  it  is  no  way  requi- 
site for  me  to  trouble  Your  Lordships  with  anytiiing  relating  to  the  afore- 
said Act  or  Clauses,  but  as  M'  Johnston  proceeds  to  lay  down  the  111 
consequences  of  blank  patents  he  ought  to  make  it  first  evident  to  your 
Lordships  there  are  such  wh(3  have  them  and  how  they  came  by  them  I 
could  never  get  the  Sight  of  any  such  aitho  as  I  remarked  before  in  this 
letter,  I  made  all  possible  inquiry. 

I  hope  M"  Johnston  crossed  the  Attlantick  more  fully  Instructed  how 
to  Erect  a  Court  of  Exchequer  than  his  predecessor. 

M''  Johnston  informs  Your  Lordships  he  issued  a  proclamation  by 
which  he  declared  his  intention  of  ordering  the  Attorney  General  to 
vacate  ail  these  patents  (they  are  iiis  own  words)  Surely  M'  Johnston 
ought  to  have  Informed  your  Lordships  what  he  means  by  these  Patents 


COLOJN'IAL  RECORDS.  305. 


wliether  he  would  order  the  Attorney  General  to  vacate  all  that  were 
ever  granted  in  that  Government  (being  of  four  different  kinds)  or  all  the 
purchased  Patents  issued  after  any  certain  period  of  time  he  ought  also 
to  have  made  known  to  your  Lordships  the  manner  by  which  he  proposed 
to  accomplish  his  intention  herein  if  he  knows  any  other,  than  right  or 
wrong  to  order  the  Attorney  General  to  make  the  intended  declai-ation 
to  void  all  these  indefinite  patents  witliout  farther  ceremony  by  word  of 
mouth  or  by  his  own  Proclamation.  This  manner  of  Proceeding  if  put 
in  Practice  would  not  iiave  tiie  effect  he  proposes  to  himself  because  it  is 
incompatible  with  Law  and  Justice.  The  declaration  of  his  Intention 
to  order  the  Attorney  General  to  vacate  all  these  patents  Appears  to  me 
rash  and  inconsiderate  Its  giving  Judgement  without  hearing  it  will  be 
an  attempt  if  done  to  take  away  mens  supposed  or  real  properties  and 
freeholds  without  due  form  of  Law.  The  partys  concerned  will  never 
submit  to  be  Spoiled  of  what  they  think  themselves  Justly  entituled  to 
and  possessed  of  before  the  usual  tryals  at  Law  are  over  and  if  they  sup- 
pose even  then  Justice  is  not  done  them  in  North  Carolina  [they]  will  bring 
appeals  into  England.  M"^  Johnston  tells  your  Lordships  he  will  allow 
Innocent  and  fair  purchasers  the  liberty  of  surrendering  these  Patents 
(without  any  distinction)  to  him,  and  take  out  new  ones  according  to  his 
Majestys  Instructions  This  will  be  far  from  doing  any  kindness  to  the 
Innocent  and  fair  purchasers  Supposing  M'  Joiinston  would  out  of  his 
wonted  goodness  and  generosity  give  them  new  Patents  for  all  the  Land 
they  now  hold.  The  Quit  rents  would  be  more  than  they  are  to  pay  by 
their  present  tenures  and  the  charges  of  taking  out  the  patents  cost  them 
a  great  deal  of  Money;  the  fees  being  more  than  doubled  Since  M'  John- 
ston was  Governour  May  it  not  be  reasonably  suspected  by  these  Inno- 
cent and  fair  purchasers  that  M' Johnston  might  upon  their  surrendering 
be  induced  to  make  Grants  to  others  of  part  or  all  the  Lands  so  Sur- 
rendered or  convert  them  to  his  own  Use  many  good  Brick  and  wooden 
Mansion  Houses  with  Suitable  out  houses  are  built  on  many  parts  of 
these  Lands.  Orchids  planted  Gardens  handsomely  laid  out,  large 
quantities  of  woodland  cleared,  cultivated  and  fenced  for  Cornfields  and 
pastures  more  than  one  hundred  times  the  prime  cost  of  the  first  purchase 
has  been  expended  in  buildings  and  other  Improvements  on  Several  of  the 
plantations.  M"'  Johnston  would  have  it  thought  the  possessors  have  no 
right  to  enjoy,  if  these  fine  Settlements  which  are  the  most  valuable  in 
the  whole  Province  are  Surrendered  to  M^  Johnston  he  will  be  possessed 
of  a  power  to  give  and  grant  them  to  whatsoever  persons  he  pleases, 
which  being  duly  considered,  his  intended  allowance  may  prove  a  snare 
but  cannot  be  construed  or  deemed  a  very  great  indulgence  to  the  inno- 
cent and  fair  purchasers,  whome  it  so  nearly  concerns. 
39 


306  COLONIAL  RECORDS. 


My  Lords  the  fear  of  Lengthening  this  Paper  too  much  oecassioned 
my  omitting  to  remark  on  some  trifles  the  faithful  and  sworn  Servant  of 
the  Crown  has  inserted  in  his  representation 

I  desire  your  Lordships  will  not  look  upon  me  as  an  Advocate  for  the 
man  that  dealt  in  Sales  of  Land  or  patents  in  North  Carolina,  it  is  well 
known  every  one  of  them  w^ere  my  declared  Inveterate  Enemys.  I  have 
been  defrauded  by  some  of  these  to  a  great  value,  basely  belied  and  cru- 
elly used,  by  them  all  they  stick  at  nothing  in  carrying  on  and  perpet- 
uating their  villainous  designes  against  me.  I  am  now  in  law  with 
some  of  them  have  no  Correspondence  with  any  Man  that  can  be  taxed 
with  that  sort  of  Traffick 

My  Lords  there  is  not  so  much  Land  possessed  by  purchase  patents  as 
Generally  is  thought,  in  North  Carolina  part  of  the  purchasers  upon 
bare  Intelligence,  and  descriptions  of  Land  by  Indians  and  other  Dis- 
coverers prevailed  on  the  Proprietors  Surveyor  General  and  his  deputies 
(for  rewards)  to  make  returns  of  Imaginary  surveys  of  Land,  that  neither 
tlie  purchasers  or  surveyors,  that  returned  the  Surveys  into  the  Secretarys 
Office,  ever  set  foot  upon,  and  obtained  Patents.  Several  of  these  pat- 
ents proved  useless  to  the  Owners,  by  reason  they  did  not  know  where 
the  land  lay,  they  claimed  In  one  place  ten  thousand  Acres  were  Set- 
tled by  Warrants  that  I  granted  and  altho  the  land  was  intended  and 
pretended  to  be  taken  up,  by  a  purchase  patent,  tiie  Settlers  laughed 
at  that  claim,  and  merryly  demanded  to  be  Informed  of  the  descriptions 
and  be  shewn  the  lines  of  the  Land  so  claimed  The  Settlers  (by  my 
Warrants)  were  never  molested,  nor  disturbed  in  their  possessions.  Some 
lands  were  patented  by  two  purchasers,  and  large  tracts  tho  patented, 
not  yet  found  out,  nor  never  will  because  their  Intelligencers  gave  them 
false  and  feigned  descriptions.  I  can  make  appear  to  your  Lordships 
that  a  third  of  the  Acres  in  S''  Richard  Everards  accounts  are  not  now 
held  by  the  men,  or  any  claiming  under  them  that  took  out  the  purchase 
patents  for  that  Quantity  My  Lords  Several  Gentlemen  and  Industri- 
ous Planters  from  South  Carolina,  and  Other  his  Majestys  Dominions 
on  the  Continent  of  America  and  from  the  islands,  are  Settled  on  Cape 
Fear  River    all  or  the  Greatest  part  of  the  Land  they  possess  is  purchased. 

After  being  at  great  Charges,  and  Expenses  and  the  fatigues  they  have 
gone  through,  in  removing  themselves  and  familys;  buying  Lands  build- 
ing houses,  and  makeing  Plantations,  it  will  Appear  very  severe  and 
unjust  if  they  should  be  stript  of  what  has  cost  them  so  dear  and  drove 
out  of  possessions  they  Expected  to  enjoy  quietly  during  their  lives  and 
bequeath  to  their  posterity  when  they  left  this  world.  Should  so  Unex- 
pected an  TTndertaking  be  effected  it  must  iindoubtedly  be  esteemed  very 


COLONIAL  RECORDS.  .107 


cruel  tho  brought  about  by  a  Faithfull  and  sworn  servant  of  the  Crown 
for  my  own  part  I  never  Sold  any  land  in  Carolina  claim  none  but  what 
I  fairly  bought  and  paid  for,  and  have  a  good  right  either  to  Keep  or  Sell 
His  Majesties  Quit  rents  may  be  augmented  [if  the  grants  made]  by  S' 
Riciiard  Everard  can  be  vacated.  Such  an  Addition  will  be  an  inconsid- 
erable Proffit  to  a  great  a  monarch  Sliould  the  said  Patents  be  rendered 
Invalid  many  Innocent  and  fair  purchasers  would  loose  the  Expected 
fruit  of  their  Labours,  and  be  half  undone,  many  honest  Gentlemen  and 
good  Planters  be  utterly  ruined.  There  are  no  men  to  be  found.  Whom 
the  sufferers  could  sue  for  recovery  of  the  Money  they  paid  if  tlieir  lands 
are  taken  from  them,  they  will  consequently  Loose  all  they  have  bestowed 
in  Building  and  otlier  Improvements.  Should  this  great  evil  Come  to 
pass  in  the  days  M'  Johnston  Governs  North  Carolina,  he  would  have 
the  means,  in  his  power  of  rendering  himself  Master  and  possessor  of 
the  best  fortune,  and  Estate  in  that  Province  without  cost  or  Labour. 

By  the  Kings  orders  the  three  Commissioners  of  Virginia  for  running 
the  Partition  Line  were  paid  for  themselves  their  Attendants  &  Labour- 
ers two  thousand  pounds.  The  Commissioners  for  North  Carolina  were 
four.  Their  followers  Equal  in  Number  to  the  Virginians,  all  the  Lat- 
ter were  paid  out  of  the  money  received  by  the  Sale  of  Lands,  the  four 
Commissioners  that  acted  on  the  part  of  North  Carolina  deserved  as 
much  for  their  trouble  and  pains  as  the  three  [who]  were  employed  for 
Virginia  upon  the  whole  if  the  Land  sold  for  running  the  said  Line  be 
by  law  reassumed  for  his  Majesties  Use,  and  his  Majesty  (now  possessor) 
of  North  Carolina  pay  the  same  sum  of  money  to  the  North  Carolina 
Commissioners  that  was  Given  them  of  Virginia  the  King  would  be 
gainer  little  or  nothing. 

I  do  not  in  this  letter  make  use  of  any  points  or  arguments  of  Law 
but  am  provided  with  material  ones,  which  I  shall  be  ready  to  produce, 
when  your  Lordships  Command  or  the  righteous  cause  I  undertake 
requires. 

Your  Lordships  tis  hoped  will  give  such  directions  in  this  Atlair  as 
may  prove  most  conducible  to  render  Ineffectual  all  fraudulent  and  unjust 
practices,  of  the  dealers  in  patents  and  Sellers  of  Land,  and  that  Your 
Lordships  will  have  a  tender  regard  to  the  Wellfare  and  fortunes  of  the 
many  honest  Men  Governour  Johnston  I  believe  has  an  Inclination  to 
deprive  of  their  Estates. 

I  thought  myself  obliged  to  make  known  to  your  Lordships  what  is 
contained  in  this  paper  which  is  humbly  Submitted  to  your  Lordships 
Wisdom  and  Goodness  by  My  Lords,  &c., 

October  the  13'"  1735.  GEO  BURRINGTON. 


.'?08  COLONIAL  RECORDS. 


[To  THE  Board  of  Trade,] 

The  case  or  Representation   of  Sundry   of  the  Inhabitants  of  North 

Carolina  dwelling  at  Cape  Fear  River  &  the  parts  adjacent,  on  behalf 

of  themselves  &  others  who  claim   Land  by  Virtue  of  Grants  under 

the  seal  of  the  Late  Lords  Proprietors  of  Carolina. 

That  the  power  of  Granting  lands  in  this  Province  hath  always  been 
exercised  from  the  first  settlement  thereof,  by  the  Governour  &  Council 
who  having  been  the  Lords  Proprietors  and  Intrusted  with  full  power 
as  will  appear  by  the  Constitutions  and  their  Lord^"  Rule  of  Govern- 
ment. 

Their  Lord^"  first  Terras  of  Granting  Lands  being  found  too  hard,  they 
Intrusted  John  Archdale  Esq'°  one  of  the  Proprietors  &  Governor  of 
South  &  North  Carolina  about  forty  years  ago  to  sell  lands  at  twenty 
pounds  "^  thousand  acres,  reserving  one  Shilling  "^  hundred  Rent  but 
for  Land  that  lay  above  one  hund''  miles  from  Charles  Town  to  sett  the 
same  at  ten  pounds  '^  thousand  reserving  sixpence  "^  hund''  Rent. 

Pursuant  to  these  Instructions  or  Rules  of  Governm'  the  s''  Archdale 
Granted  Sundry  Tracts  of  land  in  North  Carolina  at  Ten  pounds  "^ 
thousand  acres  in  the  year  1696  as  will  appear  by  those  Grants,  or  the 
Record  of  them  now  remaining  in  the  Secretarys  Office  of  this  Province. 

This  method  of  Granting  Lands  was  followed  by  the  succeeding  Gov- 
ern" and  Commanders  in  Chief  until  the  arrival  of  George  Burrington 
Esq'  His  Majesties  Govern'  of  this  Province  in  the  month  of  February 
17|-^  as  will  appear  by  the  Records  in  the  Secretary's  office  of  the 
several  Grants  passed  by  R*  Danial  Tho  Cary  Will  Glover  Edw*  Hyde 
Tho°  Pollock  Ch  Eden  W  Reed  Geo  Burrington  &  S'  Richard  Everard. 

By  Grants  from  some  of  the  before  named  Govern"  or  Command"  in 
Chief  divers  of  us  the  Subscribers  do  possess  &  hold  Land  having  paid 
Ten  pounds  'p  Thousand  Sterling  or  the  value  thereof  to  the  Receiv' 
Gen'  as  purchase  money  the  Rent  reserved  on  Such  Grant  being  sixpence 
^  hundred  acres  agreeable  to  those  before  mentioned  Rules  of  Govern- 
ment Others  of  us  do  possess  land  ou  the  payment  of  twenty  pounds 
'^  thousand  acres  Sterling  or  the  value  thereof  paid  to  the  Receiver 
General  on  a  reservation  of  twelve  pence  "^  hund*  acres  Rent  These 
Latter  Grants  being  agreeable  to  Warrants  since  the  Proprietors  raised 
the  Price  of  their  Land  as  we  Informed  Thus  the  difference  of  Rent 
has  been  occasioned  as  the  warrant  Issued  ;  If  the  warrant  issued  since 
the  Propriet"  raised  the  prize  of  the  land  the  Rent  has  been  twelve 
pence:  But  if  the  Warrant  issued  before  that  time  then  the  Rent  re- 
served in  the  Grant  has  been  six  pence  "^  hundred  acres. 


COLONIAL  RECORDS.  309 


We  never  imagined  that  any  dispute  would  arise  concerning  grants 
Issued  before  tiie  arrival  of  Gov'  Burrington  in  February  17|-J  For 
until  new  orders  Should  come  from  his  Majesty  (or  from  others  in  case 
others  liad  purchased)  We  Humbly  conceive  The  Acts  of  the  Gov'  & 
Council  being  no  othei-  than  what  was  always  heretofore  accustomed  would 
remain  firm  and  valid  :  This  we  had  the  greater  rciison  to  expect  from 
His  Maj''^'  Known  Clemency  &  Goodness :  who  in  his  Instructions  to 
Gov'  Burrington  directed  only  an  account  to  be  taken  of  such  Land  as 
had  been  granted  since  His  Majesty's  purchase  That  such  ord"  might  l)e 
given  as  Should  be  thought  convenient  for  his  service. 

As  the  purchase  money  arising  by  those  Grants  that  issued  since  July 
1729  the  time  of  His  Maj'^°  purchase  was  apply'd  by  ord'  of  Governor 
&  Council  to  defray  the  Charges  of  running  the  Boundary  line  between 
this  Province  &  Virginia  and  other  Publick  services;  We  make  not  the 
least  doubt,  But  His  Royal  Majesty  will  be  graciously  pleased  to  direct 
that  the  possessors  of  those  lands  may  hold  the  same  on  the  terms  in  the 
several  Grants  mentioned  For  it  could  not  well  be  otherwise,  but  that 
some  Grants  would  issue  before  the  Notice  of  the  proprietors  sale  could 
reach  this  Province  and  even  after  notice  it  would  be  difficult  to  deter- 
mine what  Act  of  Government  should  cease  and  what  sliould  continue  to 
be  Exercised  That  our  hopes  of  holding  such  lands  was  the  more 
strengthened  in  regard  it  will  be  made  appear,  That  the  money  arising 
by  such  grants  is  not  only  paid  to  the  Receiver  General  But  by  him 
apply'd  &  paid  away  by  ord'  of  Gov'  &  Council  as  will  appear  by  the 
several  ord"  of  Council  and  the  Receiv'  Gen'  original  aeco"  now  ready  to 
be  produced. 

We  do  not  only  find  the  Grants  before  mentioned  like  to  be  disputed; 
but  to  our  great  astonishment  those  Grants  that  were  issued  before  His 
Majestys  purchase  are  like  to  be  called  in  question  ;  altho  by  the  tenor 
of  the  Act  of  Parliament  by  which  His  Maj'^  purchased  all  such  lands 
are  excepted  as  passed  the  seal  of  the  Province.  The  calling  these 
Grants  in  question  is  what  we  gather  from  the  purj)ort  of  the  Quit  Rent 
Bill  as  amended  by  the  Council,  and  one  other  Bill  proposed  by  the 
Council  as  also  by  sundry  Proclamations  &  advertisements  and  the  erect- 
ing a  Court  of  Exchequer  &c. 

As  the  Interest  of  so  many  of  the  Inhabitants  of  this  Province  was 
concerned  in  these  attempts  to  vacate  their  Grants,  several  mesne  Con- 
veyances having  been  passed  from  such  Grants,  and  thereby  many  peo- 
ple their  Children  &  familys  like  to  be  involved  in  so  great  a  Calamity; 
We  thought  it  our  duty  to  apply  to  his  Excellency  our  Governor,  That 
no  farther  proceedings  might  be  had  to  our  prejudice,  until  we  had  the 


310     .  COLONIAL  RECORDS. 


oppertunity  by  applying  to  yo'  Lords^'  to  procure  a  more  favourable 
Interpretation  of  the  Royal  Instruction,  which  here  in  our  Humble 
opinion  was  endeavoured  to  be  stretched  beyond  the  true  meaning  This 
being  granted  by  the  Gov'  We  humbly  pray  your  Lord''  to  Judge  of 
our  Case  as  before  truly  represented. 

We  thought  ourselves  exceedingly  happy  in  being  more  linediately 
under  his  Majestys  Govern m'  on  the  Proprietors  sale  of  the  Province 
We  expected  that  the  lands  of  the  Province  would  have  been  Granted 
in  the  same  terms  and  after  the  same  manner  as  in  Virginia  the  lands  in 
that  Province  being  much  more  Valuable  (occassioned  by  the  good  navi- 
gation) than  its  possible  they  will  ever  be  in  this,  where  the  navigation 
is  so  bad,  and  the  lands  in  general  much  worse.  Instead  of  this,  we 
find  the  rents  not  only  enlarged  for  the  future  and  much  larger  Fees 
taken  than  ever  were  heretofore.  But  an  attempt  made  here  (as  we 
think  contrary  to  the  Royal  Intention)  to  vacate  those  Grants  that  were 
passed  before  his  Maj'^'*  purchase :  Should  such  an  attempt  take  Effect  it 
must  be  our  Humble  Opinion  very  severe  and  afflicting  in  regard  so 
many  persons  are  concerned  by  original  purchase  mesne  conveyance  or 
otherwise  We  who  have  at  very  great  Loss  &  Impoverishment  of  our 
Estates  removed  into  tiiis  new  Country  and  endured  much  Fatigue  and 
hardship  in  promoting  the  settlement  of  this  place;  who  have  Actually 
and  Bona  Fide  paid  our  purchase  money  for  lands  (besides  Fees  to  the 
Officers)  and  those  moneys  truly  paid  away  pursuant  to  ord"  of  Council 
and  the  proprietors  ord"  have  some  reason  to  be  under  no  small  concern 
when  we  find  attempts  to  vacate  them  by  Wresting  the  scence  of  the 
Royal  Instruction. 

The  principal  objections  that  we  think  are  possible  to  be  made  against 
the  validity  of  the  Grants,  may  be  reduced  to  two  heads  viz' 

First  the  want  of  power  in  Grantors. 

Second,  The  frauds,  or  Injuries  committed  by  such  Grants  As  to  the 
First;  Besides  what  has  been  before  expressed  we  desire  your  Lord''" 
may  be  informed.  That  the  Notoriety  of  the  land  office  being  shut  (as  is 
sometimes  urged  here)  is  not  so  in  fact ;  it  having  always  been  the  re- 
ceived opinion  that  were  the  moneys  received  by  the  Prop"  paid,  or  an 
Equivalent  thereto  as  divers  of  their  Instructions  intimate  Grants  were 
to  pass  of  course  and  whatever  clog  might  be  thought  to  arise  from  any 
of  their  Instructions  it  was  the  prop"  care  of  the  Government  &  Council 
and  not  of  the  people;  nor  were  such  Instructions  ever  construed  to  ex- 
tend to  bar  grants  from  issueing  for  any  lands  that  were  claimed  by  vir- 
tue of  Warrants  issued  by  Tho  Cary,  W  Glover  E  Hyde  Tho  Pollock 
&  Charles  Eden,  prior  to  those  ord",  and  accordingly  Grants  issued  from 


COLONIAL  RECORDS.  '     ;jlJ 


time  to  time  by  several  Gov"  &  Commanders  in  Chief  for  such  ianJs  as 
were  claimed  by  virtue  of  those  warrants,  w"""  according  to  the  dates  of 
them  were  some  at  six  pence  "^  hundred  rent  and  some  at  twelve  pence 
what  was  transacted  liy  the  Council  &  assembly  in  1724  only  intended 
lands  to  be  granted  by  future  warrants  but  no  ways  respected  such  lands 
as  were  claimed  by  those  prior  warrants  this  will  evidently  appear  not 
oidy  by  the  constant  practice  (as  is  before  mentioned)  of  the  several  Gov- 
ernours  Granting  Lands  on  such  warrants  But  even  the  same  Gov'  Bur- 
rington  in  whose  time  the  Transaction  passed  between  the  Council  & 
Assembly  he  continued  after  that  to  issue  Grants  for  those  lauds  as  were 
at  divers  times  claimed  by  virtue  of  those  prior  Warrants,  which  prac- 
tise was  also  continued  by  his  success'  S'  Richard  Everard,  until  the 
arrival  of  His  Majest^'  Governor  without  the  least  objection  (that  we 
know  of)  being  made  thereto 

And  if  others  have  issued  by  ord'  of  Council  to  raise  money  to  pay 
such  salarys  and  sums  as  were  appointed  by  the  prop"  to  be  paid  and  for 
their  service;  even  such  we  conceive  ought  not  to  be  vacated  in  regard 
the  prop"  were  duly  apprized  of  the  publick  transactions  by  the  tran- 
scripts of  the  Council  Journal  constantly  sent  them ;  wh"""  the  Prop" 
were  so  far  from  contradicting  that  they  never  shewed  the  least  dis- 
pleasure at  such  their  doings.  On  the  contrary  it  manifestly  appears  to 
us  that  they  approved  thereof  in  the  care  they  took  in  their  Treaty  for 
a  surrender  or  sale  of  the  Province;  to  except  all  such  lands  as  had 
passed  the  seal  of  either  of  the  Provinces  Besides  as  we  have  before 
hinted  we  think  it  ought  rather  to  come  und'  consideration  how  far  the 
Governor  &  Council  were  answerable  to  the  Prop"  for  such  an  exercise 
of  power,  in  case  they  had  exceeded  their  Instruction,  rather  than  to 
Involve  in  so  much  ruin  &  confusion,  so  many  Innocent  persons,  their 
Families  widows  &  orphans  who  claim  by  such  grants  or  by  mesne  con- 
veyance therefrom.  On  the  whole  we  are  persuaded  yo'  Lord'^"  will  be 
of  opinion  that  this  Article,  Viz'  The  want  of  power  in  the  Grantors  is 
no  ways  Insisted  on  by  the  Royal  Instruction  but  has  been  lately  made 
use  of  here ;  finding  so  little  could  be  made  of  the  Frauds  and  Injurys 
so  much  talked  of  For  if  the  want  of  power  (admitting  it  so)  were  suf- 
ficient, there  had  been  no  occassion  to  have  mentioned  any  other  methods, 
as  the  want  of  forms  &c  accordingly  to  that  known  maxim,  Frustra  fit 
per  plura  quod  Fieri  potest  per  pauciora 

Concerning  the  second  head  we  are  sensible  that  much  talk  hath  been 
in  this  Province,  and  representation  made  at  home  touching  Blank  Pat- 
ents &c.  on  which  ord"  have  been  sent  for  an  Enquiry  to  be  made  into 
such  Frauds     This  has  produced  a  regular  Enquiry  before  his  Maj"^ 


312    '  COLONIAL  RECORDS. 


Governor  at  the  Coimcil  Table;  to  w"*"  the  secretary  (whose  business  it 
has  always  been  to  be  prepared  with  proper  vouchers  for  his  issueiug 
grants)  made  an  answ'  to  the  full  satisfaction  of  his  Maj'^  Gov"  &  Coun- 
cil ;  and  since  the  arrival  of  the  pres'  Governor  Proclamation  have  been 
issued ;  persons  appointed  to  Enquire  into  Frauds  Courts  Errected  and 
held  and  other  methods  used  but  not  the  least  sign  of  any  fraud  has 
appeared,  and  here  its  proper  for  us  to  beg  leave  to  represent  unto  yo' 
Lord""  the  method  that  has  been  used  in  this  Province  (time  out  of  mind) 
in  issuing  Grants.  Blank  Grants  were  lodged  in  the  Secretarys  Office, 
which  the  secretary  caused  to  be  fill'd  up,  as  they  were  demanded ;  if  the 
lands  were  taken  on  arrival  of  Rights  Viz'  50  acres  for  each  person  that 
came  to  settle  in  this  Province,  the  secretary  kept  the  proof  of  such 
Right  or  Entered  it  under  the  Grant  for  his  Voucher,  if  on  purchase, 
then  the  Receiver  Generals  Recpt.  Something  was  offer'd  about  the  year 
1718  to  prevent  the  signing  blank  Grants  as  usual  but  at  a  Council  held 
1718  M"'  Eden  being  Governor  and  M'  Knight  Secretary,  it  was  then 
the  unanimous  opinion  of  y'  board  that  Grants  should  be  signed  blank  as 
will  fully  appear  by  that  order  of  Council ;  and  that  without  the  least 
view  or  intention  of  fraud  nor  can  we  well  conceive  how  a  fraud  could 
be  committed,  without  its  being  very  easily  detected,  in  regard  tiie  secre- 
tary, if  called  upon,  was  to  produce  his  vouchers,  and  it  would  be  very 
easy  to  detect  such  fraud  if  any  b}'  comparing  the  Records  in  the  Secre- 
tarys Office  with  the  Receiv"^  Gen''  acco''  the  one  being  a  Check  upon  the 
other 

Grants  being  signed  in  the  manner  as  before  set  forth  some  were  issued 
at  Sixpence  ^  hundred  Rent  and  oth"  at  twelve  pence,  according  to  the 
date  of  the  Warrants  and  othei's  to  raise  money  given  by  the  prop"  for 
pious  uses  and  some  for  defraying  the  Charge  of  running  the  Boundary 
line  between  this  Province  and  Virginia,  and  tlie  prop"  duly  apprized 
thereof  by  the  Council  Journals  sent  home  to  them  Whereupon  we  hum- 
bly hope  that  yo""  Lord^"  will  be  the  means,  that  the  possessors  may  be 
quieted  in  their  Titles,  if  the  purchase  money  shall  appear  to  be  paid  to 
the  Receiv'  Gen'  as  we  doubt  not  but  the  same  will  be  evident,  as  well  by 
the  Receipts  as  by  the  Receiv"'  Gen''  acco". 

The  frauds  committed  by  Grants  being  signed  blank  may  be  of  two 
sorts,  the  first  respecting  the  moneys  paid  or  numbers  of  acres  granted 
the  other  in  Case  those  Grants  were  fill'd  up  tor  lands  Justly  claimed  by 
other  persons  and  as  so  much  noise  had  been  made  at  the  last  assembly 
botii  within  doors  and  without  some  who  were  members  of  assembly 
being  very  desirous  that  such  abuses  should  be  detected,  proposed  two 
clauses  to  be  added  to  the  Q,uit  Rent  Bill,  the  one  to  Vacate  all  such 


COLONTyVT>  RECORDS.  .",13 


Grants  as  had  been  issued  without  the  number  of  acres  Incerted  &  sueh 
as  the  purchase  money  had  not  been  truly  paid  and  in  that  (,'lause  the 
most  Eifectual  inetiiod  was  j)ropos'(l  to  malce  the  discovery  by  Interro- 
gating the  partvs  and  Elxamining  witnesses  on  oath  before  the  Governor 
and  Council  or  in  any  other  Court  he  should  appoint,  The  other  clause 
was  to  Vacate  all  such  Grants  how  regular  so  ever  issued,  that  had  been 
laid  on  Land  justly  claimetl  by  others:  by  those  two  Clauses  addefl  by 
the  assembly  frauds  &  Injurys  of  any  sort  would  have  been  Effectually 
remedied.  But  those  two  Clauses  were  Rejected  by  the  Council  without 
any  offer  of  amendment  in  Case  they  had  been  thought  in  any  part 
defective. 

Much  discourse  has  been  here  concerning  the  Essential  requisite  forms 
of  Grants  &c  with  Humble  Submition  we  und''[st]and  those  principally 
to  consist  in :  the  Consideration  money,  number  of  acres  Reserved  Rent, 
and  date  But  whether  the  name  was  incerted  or  the  Exact  description 
of  the  lands  at  the  time  of  their  being  signed  &  seal'd  we  think  is  not 
material  in  Case  those  were  incerted  before  registring ;  the  registring 
them  in  the  Secretarys  office  being  the  last  requisite  to  their  being  perfect 
&  compleat  and  not  the  time  of  signing  ife  sealing,  which  as  we  nave 
before  shewn  used  to  be  blank. 

As  to  frauds  in  blank  Grants  being  issued  in  such  a  manner  as  to  leave 
the  party  possessing  them  room  to  incert  more  acres  than  were  intended. 
We  solemnly  declare  we  Know  of  no  Grants  issued  without  the  number 
of  acres  and  purchase  money  incerted  nor  do  we  believe  auy  Such  has 
been  other  than  what  is  mentioned  in  that  transaction  w"^""  was  before  the 
Govern"'  and  Council  conformable  to  his  Maj'^'  Royal  Instructions  to 
Govern"'  Burrington ;  whereto  the  Secretary  made  such  answ'  as  the  Go' 
and  Council  unanimously  acquitted  him. 

We  are  informed  that  it  is  suggested  some  blanks  are  still  Extant  but 
as  we  know  of  none  so  we  think  were' there  any  such  the  frauds  by 
them  committed,  as  well  as  what  has  been  already  committed  (if  any) 
will  be  very  easily  discovered  by  the  method  proposed  by  the  late  Assem- 
bly we  surely  trust  yo'  Lord^  will  not  be  of  opinion  that  because  there 
is  a  possibility  (and  we  think  it  is  but  barely  such)  of  frauds  that  may 
be  committed;  Therefore  all  promiscuously  shall  be  vacated.  We  do 
not  become  suiters  to  yo'  Lord""  that  any  other  Grants  may  be  supported. 
But  those  that  were  at  first  issued  with  the  consideration  money  numlier 
of  acres  &  Reserved  rent  incerted  before  the  arrival  of  His  Maj'^  Gov- 
ernor and  for  any  frauds  that  may  have  been  committed  by  claiming 
Lands  otherwise  than  according  to  the  tenor  before  mentioned  we  shall 
readily  consent  to  any  method  that  shall  be  proposed  for  the  discovery 
40 


314  COLONIAL  RECORDS. 


thereof;  as  also  to  relieve  all  such  persons  as  have  been  really  injured  by 
any  Grant  whatsoever  What  we  have  before  related  being  the  truth  of 
our  Case,  we  know  not  what  Inducements  may  be  offered  to  yo'  Lord*" 
towards  vacating  such  of  our  Grants  as  have  been  completed  in  the  man- 
ner before  set  forth ;  unless  it  should  be  that  by  vacating  those  Grants 
and  the  persons  being  oblig'd  to  take  out  new  ones  at  a  Higher  Rate  an 
increase  will  be  thereby  made  to  His  Maj'''  Revenue.  We  can  scarce 
Imagine  such  a  suggestion  will  be  made  it  being  far  from  our  thoughts, 
that  yo'  Lord'"  would  be  a  means  of  increasing  the  Revenue  of  so  Potent 
and  Opulent  a  Prince  (perhaps  £150  '^  annum  that  being  the  Utmost 
advance  we  tiiink  will  be  made  thereby)  at  the  Expence,  great  damage  & 
perhaps  men  of  so  many  of  his  Maj'^  dutiful  subj"  who  have  with  so 
much  Expence  Loss  and  damage  seated  themselves  in  this  new  Country 
and  who  have  actually  &  Bona  Fide  paid  their  money  for  the  same;  the 
regaining  of  which  sums  we  conceive  to  be  Impracticable  after  they 
have  been  paid  away  and  accounted  for  by  the  Receiver  Gen'  pursuant 
to  the  prop"  ord"  and  ord"  of  the  Governor  and  Council. 

This  its  possible  may  be  used  as  a  motive  to  have  these  Grants  vacated, 
tho  in  reality  it  will  miss  having  any  such  Effect  much  of  the  lands  now 
held  b}'  those  Grants  being  so  very  poor  and  mean  as  not  to  be  worth  the 
taking  as  the  new  terms  whereas  by  the  present  tenures  the  rents  will  be 
rather  encreased  by  such  a  small  addition  Perhaps  the  gainful  prospect  of 
a  great  number  of  fees  to  the  several  officers  on  the  Issuing  new  Grants  for 
those  Lands  (which  Fees  have  been  prodigiously  encreased  of  Late  without 
any  &  contrary  to  law)  not  a  little  contributes  to  the  stir  which  is  made  in 
this  matter  But  as  we  trust  Your  Lord""  will  not  think  of  any  increase 
to  be  made  to  the  Revenue  by  such  a  rigorous  and  severe  proceeding  in  a 
matter  transacted  before  His  Maj'^°  purchase  took  place  here;  so  we 
promise  ourselves  that  you  will  disappoint  the  Expectations  of  those  who 
propose  to  Enrich  themselves  by  such  Extravagant  Fees  at  least  if  not 
by  taking  some  of  the  lands  of  those  persons  who  have  done  and  suffered 
so  much  towards  the  settlement  of  this  part  of  the  Province. 

We  have  understood  that  many  untrue  suggestions  have  been  made  to 
our  prejudice  in  England  of  very  great  quantitys  of  Land  held  in  an 
Illegal  &  Clandestine  manner  by  the  Inhabitants  of  this  place  &  particu- 
larly that  Col  Morris  Moore  and  Roger  Moore  Esq'  have  each  one  hund'' 
thousand  acres  A  wicked  and  Untrue  suggestion  so  far  from  truth  that 
upon  the  best  Enquiry  we  can  make  all  the  Inhabitants  of  this  River  do 
not  in  the  whole  hold  one  hundred  thousand.  We  the  subscribers  who 
are  the  principal  Inhabitants,  upon  a  Strict  Examination  find  that  our- 
selves and  those  our  relations  and  friends  do  not  hold  or  claim  by  our 


COLONIAL  RECORDS.  31/ 


Grants  more  than  about  seventy  five  thousand  acres  of  w"*"  about  twenty 
thousand  are  since  liis  Maj'^°  purchase  and  even  of  those  before  the  pur- 
cliase  about  fifteen  thousand  are  so  Wretchedly  poor,  that  we  shall  readily 
part  with  them  rather  than  to  hold  them  on  a  higher  rent  than  our  Grants 
specify  and  as  our  familys  and  those  und'  our  care  consist  of  near  twelve 
hundred  souls  yo'  Lord""  will  easily  discern  how  much  the  settlement  of 
this  place  and  the  Increase  of  its  Trade  is  owing  to  us;  so  that  were  the 
lauds  given  to  us  clear  of  any  Rent  His  Majesty  would  be  no  Looser 
seeing  so  great  an  Increase  of  his  Revenue  has  been  promoted  by  the  set- 
tlem'  of  this  place  and  the  Encouragem'  the  Trade  has  met  with  from  us 
and  our  friends  without  which  even  at  this  time  scarce  one  vessell  in  Ten 
would  be  timely  dispatched.  So  far  are  we  the  subscribers,  our  tamilys 
and  friends  from  holding  such  great  Quantitys  of  Rich  Land,  as  we  are 
told  has  been  (untruely)  suggested.  That  tho  we  are  about  1200  persons 
in  our  familys,  we  do  not  hold  so  much  good  land  as  his  Maj'^'  Officers 
in  this  Province  and  claim  to  hold  by  themselves  and  their  Friends,  altho 
they  scarce  am'  to  one  tenth  of  the  number  of  persons  in  their  Faruilys 
JOHN  PORTER  JN°  SWANN  M  MOORE  " 
EDW  HYRNE  SAM  SWANN      THO'  JONES 

J  DAVIS  NATH"  MOORE 

Rec*  Oct  2P'  1735  JN  DAVIS 


Dra'  of  Two  Clauses  propos'd  to  have  been  inserted  in  the  Quit  Rent 

Laws  of  North  Carolina 

Whereas  his  Majesty  by  his  royal  instructions  to  the  Govern''  has  bin 
Pleased  to  Direct  him  to  enquire  whether  any  Grants  of  Lauds  have 
been  made  in  N°  Carolina  &  to  whome,  without  authority  from  his  Maj- 
esty since  he  purchased  y'  interest  of  several  of  the  Lords  Proprietors  of 
that  province  w"*"  was  on  y°  25"'  Day  of  July  1729  That  his  Majesty 
may  give  such  orders  therein  as  shall  be  thought  convenient  for  his  Ser- 
vis  which  Instruction  shall  be  fully  comply'd  with  by  the  method  in  this 
Act  Prescribed  for  registring  the  Several  pattents  or  grants  whereby 
Lands  are  claim'd  wherefore  until  his  Majestys  royal  pleasure  is  made 
known  concerning  such  grants 

Be  it  Enacted  that  all  such  persons  who  hold  or  claim  any  Land  by 
virtue  such  pattents  or  grants  who  have  actually  p*  y°  purchase  money 
for  the  same  to  y°  late  Lords  Proprietors  Rec'  general  shall  be  noways 
Molested  in  such  their  Possessions  or  titles  untill  his  Majesty  shall  be 
])leased  to  signifie  his  Royal  pleasure  concerning  y"  same  and  if  his 
Roval  pleasure  shall  be  Declared  against  them,  then  such  persons  shall 
be  adiniltfd  to  have  y"  i)r(?feren(e  before  any  other  person  to  take  up  y' 


316  COLONIAL  RECORDS. 


same  on  such  terms  as  his  Majesty  shall  be  pleased  to  Direct,  Provided 
Nevertheless  that  it  shall  be  Lawfull  for  any  person  that  had  any  I^aw- 
full  claim  to  any  of  those  Lands  before  they  were  so  granted  to  apply  to 
His  Ex"^  the  Govern'  and  Council  by  Petition  setting  forth  such  his 
claim  and  on  a  full  hearing  of  both  parties  &  their  Evidences  it  shall 
appear  that  the  Right  was  in  the  party  claiming  the  Grants  in  such  case 
shall  issue  to  y"  Claimant  and  whereas  it  has  bin  suggested  that  many 
frauds  have  been  Committed  in  y'  late  Secretaries  and  Rec'  Generals 
Office  by  issueing  or  passing  blank  Patients  or  grants  of  land  for  raising 
Money  to  Defray  the  Charge  of  running  the  boundary  line  between 
this  Province  &  Virginia,  w"""  Pattents  or  grants  may  have  been  filled  up 
for  great  quantitys  of  liand  for  y"  better  discovery  of  such  frauds  if  any 
Be  it  enacted  that  soe  soon  as  any  pattents  or  grants  of  Land  are  recorded 
pursuant  to  this  Act  that  his  Excell"^  the  Govern'  and  Council  or  the 
General  Court,  or  any  other  Court  in  this  Province  such  as  his  Excell"^ 
the  Govern'  shall  Direct,  hath  full  Power  and  authority  within  one  year 
after  the  recording  such  patents  or  Grants  to  concerne  such  persons  as 
are  or  shall  be  suspected  of  such  frauds  and  by  interrogating  such  per- 
sons and  the  Examination  of  Witnesses  on  Oath  to  make  a  Due  enquiry 
into  such  practices  and  if  upon  such  Inquiry  it  shall  be  found  that  any 
person  hath  obtained  a  pattent  or  grant  without  the  number  of  acres 
specifi'd  therein  at  the  same  time  of  obtaining  the  same  or  without  pay- 
ment of  the  purchase  money  for  y'^  same  such  pattent  or  grant  is  hereby 
declared  Null  and  Void. 

Certifyed  to  be  a  true  Copy.  S.  R.  MOON 

N.  Caroi.ina — ss. 

Memoi'andum  that  on  this  19  July  1735  before  me  Thomas  Clifford 
Esq'  one  of  his  Majestys  Justices  assigned  to  Keep  the  peace  in  New 
Hanover  precinct.  The  Honourable  Roger  Moore  Esq'  one  of  his  Maj- 
esty's Honourable  Council  for  the  province  aforesaid  being  first  sworn 
on  the  Holy  Evangelists,  doth  depose  that  on  the  other  side  is  a  faithful 
exemplification  of  the  two  Clauses  otfer'd  by  the  Common  House  of 
Assembly  on  the  second  Reading  of  the  Bill  for  settling  his  Majestys 
Quit  Rents  and  perfecting  a  Rent  Roll;  and  which  were  rejected  by  the 
Council.     Sworn  before  me  the  day  &  Year  first  above  written 

T.  CLIFFORD. 


Poland  street  the  28*  Oct  1735. 
My  Lords, 

Your  Lordships  seem'd  last  Thursday  desirous  to  see  a  Blank  patent ; 
or  (to  write  more  jmiperly)  the  draft  of  a  Patent  as  sign'd  in  the  Conn- 


COLONIAL  RECORDS.  317 


oil  of  Nortli  Carolina  Ijcfore  His  Majestys  purchase,  and  left  in  the  Sec- 
retarys  Office  to  be  conipleatetl  by  him,  after  the  Surveyor  had  made  a 
proper  return,  and  the  Receiver  General  given  his  receipt  for  the  consid- 
eration money  sixteen  of  this  sort  of  patents  or  drafts  were  in  the  cus- 
tody of  M'  Little  Receiver  for  the  late  Lords  Proprietors,  that  were 
neither  filled  up,  nor  had  the  seal  put  to  them  every  one  of  them  were 
set  down  in  Sir  Richard  Everards  list  of  patents  he  signed  after  the 
Kings  purchase  a  copy  of  it  was  formerly  sent  your  Lordships  I  sup- 
pose these  unfinisht  patents  still  remain  among  AP  Ijittles  papers,  and 
when  the  day  book,  I  mentioned  to  your  Lordships  is  required  these 
drafts  of  patents  may  be  demanded.  It  is  very  pi'obable  some  may  allso 
be  found  in  the  secretaries  Office;  Major  Robert  Foster  who  was  Dep- 
uty Secretary  to  M'  Lovick  continues  in  the  same  employment  under 
the  present  Secretary  this  Gentleman,  usually  wrote  the  unfinisiied  pat- 
ents, and  is  able  to  give  a  perfect  account,  of  all  that  was  done  in  the 
Secretarys  office,  and  in  the  Council  dureing  the  whole  Time,  Sir  Richard 
Everard  was  Governour  of  Nortli  Carolina.  Your  Lordsps  (I  presume) 
will  be  better  informed  of  these  matters  by  hearing  the  Depositions  taken 
att  M''  Lovicks  examination,  and  his  answers,  read  to  you,  than  by  any- 
thing I  can  write  or  say  My  Lords,  &c., 

GEO  BURRIXGTON 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  48.] 

[Form  of  a  blank  patent,  etc.] 
His  Excellency,  John  Lord  Carteret  Palatin,  and  the  rest  of  the  true 

and  absolute  Lords  Proprietors  of  Carolina. 

To  all  to  whom  these  Presents  shall  come  Greeting  in  our  Lord  God 
everlasting.  Know  ye  that  we,  the  said  Lords  and  absolute  Proprietors 
for  and  in  consideration  of  the  Sum  of  six  pounds  eight  shillings  in  hand 
paid  to  our  Receiver  General  by  Eleazar  Allen  Gent,  do  hereby  give, 
grant,  .sell  alien  enfeoff  and  confirm  unto  the  said  Eleazar  Allen  a  Tract 
of  Land  containing  Six  hundred  &  forty  acres. 

To  have  and  to  hold  the  said  Land  with  all  Rights  &  Privilege.?  of 
hunting  hawking  fishing  &  fowling  with  all  woods,  waters  &  rivers,  witii 
all  Profits  Commodities  and  Hereditaments  to  the  same  belonging  or 
appertaining  (except  one  half  of  all  gold  and  silver  mines)  unto  him  the 
.said  his  heii's  and  assignes  for  ever.  Yeilding  and  paying  unto  us 

our  heirs  and  successors  yearly  every         Day  of         the  Fee  rent  of 
for  every  hundred  Acres  hereby  granted  to  be  holden  of  us,  our  heirs 
and  successors  in  free  and  common  Soccao'e 


318  COLONIAL  RECORDS. 


Given  under  the  seal  of  the  Colony  this  Day  of  Anno 

Domini. 

Witness  our  Trusty  and  welbeloved  Sir  Richard  Everard  Baronet 
Governor  of  North  Carolina  and  our  Trusty  and  welbeloved  Councillors 
who  have  hereunto  set  their  hands.     Signed 

RICH*  EVERARD 
E.  MOSELEY 

GALE  J.  LOVICK 

EDW*  GALE  RICH"  SANDERSON. 

J.  WORLEY.  ROBERT  WEST. 

Received  the  purchase  money  for  the  Lands  within   mentioned  "^  me 
signed  W"  LITTLE  Rec:  Gen> 

(Endorsed) 
Form  of  a  blank   Patent   for   Land    in   North  Carolina  signed  and 
sealed;  copy'd  from  the  original  annexed  to  other  papers  transmitted 
from  North  Carolina,  under  the  great  seal   of  the  province  to  Henry 
IVPCulloh  Esq" 


Case  of  the  Blank  Patents  in  North  Carolina  with  some  Queries  &  the 
Opinion  of  the  Attorney  &  Solicitor  General  thereupon. 
When  the  soil  of  North  &  South  Carolina  was  by  Charter  or  Grant 
vested  in  tlie  Lords  Proprietors  they  impowered  their  Governors  under 
certain  Regulations  &  Restrictions  to  dispose  of  Lands  and  to  give  Grants 
for  them  under  their  Seal,  the  money  to  be  applied  according  to  their 
Directions ;  As  the  Lords  Proprietors  found  by  Experience  that  an  ill 
use  was  made  of  these  Powers,  on  or  before  the  year  1724  they  ordered 
their  Governour  in  North  Carolina  to  shut  up  the  Land  Office  which 
was  a  Prohibition  to  the  Governor  from  granting  any  more  Lands  unless 
by  order  of  their  Board  in  London,  and  in  that  Case  the  lands  sold 
should  be  at  Twenty  Pounds  sterl :  per  thousand  Acres  the  money  to  be 
paid  to  their  Lordships  in  London.  When  notice  was  given  of  this  in 
the  Colony  the  People  complained  much  of  the  Lords  Proprietors  ad- 
vancing the  price  of  Lands  upon  them,  and  the  Officers  appointed  by 
the  Lords  Proprietors  thought  themselves  much  injured  by  this  Regula- 
tion as  they  imagined  it  would  prevent  the  sale  of  lands,  tiieir  Salaries 
being  paid  from  that  Fund,  however  this  Prohibition  to  grant  or  sell 
Lands  in  North  C'arolina  was  never  removed  untill  the  Crowns  purchase 
notwithstanding  of  which  some  leading  Men  in  the  Province  &  Officers 
of   the  Lords  Proprietors  combined   together  and    by  a  long  train  of 


COr/)NIAI.  RPX'ORDS.  319 


Artifice.s  and  Threats  prevailed  upon  tlie  weaknesses  &  necessitys  of  Sir 
Richard  Everard  (tho  it  was  never  pretended  that  he  had  any  more  power 
tlian  his  Predecessors  to  grant  lands)  to  sign  Patents  with  the  Consent  of 
Conncil  upon  various  Pretences,  the  principal  of  which  was  in  the  year 
1728  when  the  Boundary  Line  was  run  between  North  Carolina  &  Vir- 
ginia, he  granted  Patents  for  lands  at  the  rate  of  Twenty  pounds  per 
Thousand  Acres  in  order  to  pay  such  persons  as  were  concerned  in  run- 
ning the  Line  by  the  sale  of  those  Lands  the  money  to  be  paid  them  in 
consideration  of  their  Trouble  &  Expence  in  running  the  Boundary  Line 
amounted  to  no  more  tlian  Two  Thousand  Pounds  Ster:  so  that  in  course 
he  ought  not  (provided  he  had  had  a  Power)  to  have  issued  Patents  for 
any  more  than  one  Hundred  Thousand  Acres  of  Lands  but  under  the 
Colour  of  that  there  were  Patents  issued  for  four  Hundred  Thousand 
Acres,  The  Boundary  Line  between  North  Carolina  &  Virginia  was  fin- 
ished in  Nov'  1728  the  King  purchased  that  Province  in  July  1729  most 
of  the  Patents  issued  by  Sir  Richard  was  after  the  Kings  purchase,  but 
before  any  Gov''  appointed  by  the  Crown  arrived  in  the  Colony. 

The  aforesaid  Patents  for  four  hundred  thousand  Acres  were  granted 
by  Sir  Richard  Everard  in  the  most  open  and  barefaced  manner,  being 
drawn  up  in  form  signed  &  sealed.  But  the  persons  names,  the  number 
of  acres,  and  Description  of  the  Boundary  and  the  sums  paid  for  them 
were  left  in  Blank  &  remained  so  in  the  Secretaries  Office,  from  whence 
they  were  issued  disposed  of  and  filled  up,  just  as  the  Lords  Proprietors 
Officers  thought  fit;  It  is  to  be  remarked  here,  that  besides  the  Original 
defect  of  the  Gov"  not  having  Power  to  Grant  such  Patents  they  were 
deficient  in  all  the  Forms  requisite  being  taken  out  of  the  Office  with  the 
Date,  the  Persons  Names  the  situation  of  the  I^ands,  number  of  acres  & 
purchase  money  some  or  all  of  these  left  in  Blank,  that  many  of  the 
Dates  have  been  filled  up  even  since  His  Majesty's  purchase  and  that 
few  of  them  are  ])receeded  by  regular  Surveys  returned  into  the  Secre- 
tarys  Office  which  is  a  thing  "that  ought  to  be  observed  in  the  strictest 
manner  as  there  is  no  other  way  of  detecting  Frauds  and  preventing 
many  Inconveniences  that  naturally  attend  it. 

What  the  People  of  the  Colony  have  to  alledge  in  their  Vindication 
is  that  most  of  them  iinve  paid  a  value  for  those  purchased  Patents  (as  thev 
term  them)  either  by  taking  them  out  themselves  or  holding  them  by 
Mesne  conveyances  that  if  tiie  Lords  Proprietors  servants  exceeded  their 
Power  it  would  be  very  hard  upon  them  to  loose  their  Property  in  the 
Lands,  that  tho  these  lands  are  sold  in  the  manner  above  described  con- 
trary to  the  orders  of  the  Lords  Proprietors  yet  their  Lordships  very 
well  knew  what  their  Officers  were  doing,  the  Minutes  of  Council   being 


320  COLONIAL   RECORDS. 


transmitted  regularly  to  them,  and  that  the  money  was  applyed  to  their 
use,  which  as  the  people  alledge  their  Lordships  did  not  signify  their 
displeasure  at ;  that  some  of  the  Patents  granted  after  the  Land  Office 
was  shut,  was  by  virtue  of  Warrants  formerly  issued  by  the  I^ords  Pro- 
prietors Officers  which  had  lain  by  for  a  considerable  time,  That  it  was 
at  all  Times  the  Practice  of  the  Colony  for  the  Governor  to  sign  Patents 
or  Grants  with  Blaid<s  to  be  filled  up,  and  that  they  judged  it  only  neces- 
sary to  mention  the  consideration  money  number  of  acres  reserved,  Rent 
and  Date,  but  whether  the  persons  names  were  inserted  on  the  exact  Dis- 
scription  of  the  Lands,  they  did  not  think  it  necessary  before  Registring 
them,  that  being  the  last  thing  requisite  to  make  them  perfect,  that  when 
the  Lords  Proprietors  sold  their  Property  iu  the  soil  to  the  Crown  there 
was  a  Clause  inserted  in  the  Act  for  the  sale  of  the  two  Provinces  of 
North  and  South  Carolina,  that  all  Patents  dated  before  the  1"  of  Jan- 
uary 1727  being  granted,  conveyed  in  any  Grants,  Deeds  Instruments  or 
Conveyances  under  the  Common  Seal  of  the  said  Lords  Proprietors 
either  in  England  or  the  Province  aforesaid  should  remain  Good. 

The  Governor  in  answer  to  these  assersions  of  the  People  alledges, 
that  they  obtained  their  Patents  by  a  shamefuU  collusion  with  the  Lords 
Proprietors  Officers  which  plainly  appears  from  their  Patents  being  taken 
out  of  the  Office,  with  Blanks  to  be  filled  up  that  they  were  not  pre- 
ceeded  by  regular  surveys  returned  into  the  Secretaries  Office  which  is  an 
(essential  requisite)  that  many  of  the  Dates  have  been  filled  up  since  his 
Majesty's  Purchase  the  original  Records  from  whence  they  are  supposed 
to  be  Extracted  plainly  shew  this  for  upon  Inspection  it  appears  that 
many  Patents  of  the  Dates  1725  1726  &  1727  are  there  placed  after 
Patents  of  1729  &  1730  That  by  such  means  they  may  still  have  it  in 
their  Power  to  take  up  Lands,  that  the  People  of  the  Colony  cannot 
with  any  Colour  of  reason  plead  ignorance  as  it  was  publickly  known 
that  the  Lords  Proprietors  had  by  repeated  Orders  directed  their  Gov- 
ernours  not  to  grant  any  more  lands,  &  that  the  principal  reason  of  this 
Prohibition  was  on  Account  of  the  Frauds  they  committed  in  issuing 
their  Patents,  that  by  those  Fraudalent  methods  they  have  engrossed  all 
the  rich  lands  at  the  entrance  of  the  Rivers  by  which  means  new  settlers 
are  much  discouraged  in  being  obliged  to  purchase  those  Lands  from 
them  at  exorbitant  Prices,  that  if  it  is  his  Majesty's  pleasure  to  give 
them  the  preference  in  taking  out  new  Patents  for  their  Lands  subject  to 
the  Quit  Rents  of  four  shill :  Proclamation  Money  ^  Hundred  Acres 
he  thinks  they  have  no  occasion  to  complain,  that  tho  the  Lords  Pro- 
prietors did  in  the  sale  of  the  said  two  Provinces  of  North  and  South 
Carolina  to  the  Crown,  confirm  such  Grants  as  we  made  under  the  Com- 


COLONIAL  RECORDS.  :321 


moil  seal  of  the  Lords  Proprietors  yet  we  could  not  imagine  that  it  was 
intended  to  confirm  any  Grants,  Deed,  Instruments  &  Conveyances 
which  were  originally  Null  &  Void  and  which  they  might  date  when(!ver 
they  pleased,  especially  when  it  was  declared  in  the  next  Clause,  that 
this  exception  shall  not  extend  to  nor  include  any  forfeited  Grants  nor 
any  Rents  Signories  or  Rights  of  Escheats  reserved  upon  and  incident 
to  any  such  Grants. 

N.  B.  The  Quit  Rents  of  most  of  the  Patents  under  the  Lords  Pro- 
prietors are  at  '6  Pence  and  one  shill  :  per  hundred  Acres.  The  Quit 
Rents  under  the  Crown  are  at  four  shilP  Proclamation  Money  ^  hun- 
dred Acres  str:  Q.  Whether  any  of  the  Patents  Granted  after  their 
Lordships  had  ordered  the  Land  Office  to  be  shut  up  can  be  deemed 
valid  other  than  such  as  were  granted  by  Order  in  London. 

We  are  of  opinion  that  such  patents  may  be  good  notwithstanding 
that  order  to  shut  up  the  Land  Office  If  the  Lords  Proprietors  were 
either  made  privy  to  those  Grants  or  after  they  were  made  Received  tlie 
Confederation  for  them     otherwise  we  think  they  cannot  be  suj)ported. 

2*.  Whether  such  Patents  as  were  granted  after  the  Kings  purchase 
by  the  Lords  Proprietors  Governour  before  the  new  Governour's  arrival 
from  the  Crown  particulai'ly  such  as  aj)pears  to  have  been  entered  in  the 
Secretarys  books  after  advice  received  in  the  Province  of  the  Kings  pur- 
chase are  to  be  deemed  good. 

We  are  of  opinion  that  none  of  the  Patents  mentioned  in  the  2°''  Q. 
can  be  deemed  good. 

3rd  Whether  as  the  Act  of  Parliament  made  upon  the  Crowns  purchase 
from  the  Lords  Proprietors,  that  clause  in  it  that  was  for  quieting  Pos- 
sessions of  Grants  takes  notice  of  such  only  as  bore  date  before  1727. 
If  it  does  not  give  room  for  a  strict  examination  into  all  such  as  were 
issued  subsequent  to  that  time,  and  if  such  Grants  appear  to  have  been 
irregularly  made  they  ought  not  to  be  voided  but  as  to  such  as  were 
granted  for  defraying  the  Expence  of  running  the  Boundary  Line,  if 
the  Crown  in  such  case  ought  not  to  bear  that  Expence. 

We  think  it  proper  to  observe  that  the  clause  referred  to  in  this  Q. 
does  not  put  it  upon  the  Patents  bearing  date  but  being  actually  made 
before  1  Jan"'''  1727  &  considering  the  extraordinary  circumstances 
attending  these  Grants  and  that  the  Crown  had  no  notice  of  them  at  the 
time  of  the  purchase  there  is  great  reason  for  a  strict  inquiry  into  the 
validity  thereof,  and  to  avoid  them  from  such  Irregularities.  But  as 
those  that  were  granted  for  defraying  the  Expence  of  the  boundary  line 
seem  to  stand  in  a  much  more  favourable  Light  we  think  it  reasonable 
some  indulgence  should  he  shewn  to  such  purchessors,  by  regranting  on  the 
41 


322  COLONIAL  RECORDS. 


Terras  of  the  purchase  what  they  or  their  assigns  here  actually  cultivated 
and  by  repaying  a  propcjrtion  of  the  consideration  money  for  the  Rest. 

4"'  Whether  such  Patents  were  drawn  up  and  signed  with  Blanks  and 
not  registered  in  the  Secretaries  Office  for  some  years  afterwards  shall  be 
deemed  good  and  if  their  not  being  registered  is  not  an  Evidence  of  Fraud. 

We  are  of  opinion  that  in  general  such  Patents  as  were  executed  with 
such  Blanks  as  are  mentioned  in  the  Case  tho  filled  up  afterwards  are 
void;  But  if  they  have  been  attended  with  a  long  possession  and  not 
obtained  fraudulently  or  irregularly  in  any  other  respect  we  think  they 
ought  to  be  now  supported :  and  as  to  the  circumstance  of  not  being  reg- 
istered in  the  Secretaries  Office  for  some  years  afterwards,  it  not  being 
stated  how  far  or  within  what  time  such  registring  is  there  necessar'y  to  the 
validity  of  such  grants,  nor  for  how  long  it  was  neglected  we  cannot  form 
any  Judgement  what  influence  that  will  have  upon  the  Patents. 

5th  Whether  such  Patents  as  were  given  out,  without  any  discriptiou 
of  the  Boundaries,  and  not  preceeded  by  regular  surveys,  returned  into 
the  Secretaries  Office  are  to  be  deemed  Valid. 

We  are  of  opinion  that  the  want  of  a  Discriptiou  of  the  Boundaries 
or  of  preceeding  regular  Surveys  is  not  of  itself  sufficient  to  destroy  such 
Patents  unless  such  circumstances  were  the  known  Requisites  necessary 
to  such  Grants,  and  even  in  that  Case  if  the  Proprietors  have  had  the 
Consideration  and  the  Lands  have  been  enjoyed  accordingly  without 
Fraud  we  think  such  Grants  ought  to  be  declared  Valid. 

Qth  Whether  those  Grants  issued  by  Virtue  of  Warrants  that  had  lain 
by  many  years  are  to  be  deemed  good  notwithstanding  the  Grants  assigned 
them  were  taken  out  irregularly  and  particularly  those  after  1727. 

We  are  of  opinion  that  the  circumstance  of  their  having  been  Warrants 
many  years  before  the  Grants  issued  is  not  of  itself  sufficient  to  support 
Grants  that  would  otherwise  be  irregular  and  void,  tho  upon  the  general 
Question  of  Fraud  that  circumstance  may  probably  be  of  service  to  the 
Grantees  according  to  the  particular  circumstances  of  each  case  and 
whether  such  Grailts  issued  before  or  after  the  year  1727. 

7"^  As  it  is  alledged  by  the  Governour  that  many  of  the  Peoj)le  that 
hold  lands  by  virtue  of  the  Patents  formerly  granted  under  tlie  Lords 
Proprietors  Possess  much  greater  Quautities  than  they  ought  to  hold  by 
the  said  Grants,  has  not  the  Crown  a  power  to  resurvey  such  lands  and 
in  case  any  Frauds  should  appear  what  steps  must  the  Crown  take  to 
recover  its  right. 

We  are  of  opinion  that  whoever  possesses  a  much  greater  Quantity 
than  they  ought  to  hold  by  words  of  a  Grant  made  since  1  January  1727 
is  liable  to  have  the  same  resurveved  on  behalf  of  the  Crown    But  as 


p 


»» 


COLONIAL  KECORDS.  32:3 


to  Grants  made  before  1727  upon  surveys  actually  made  \vc  aj)j)relieii(l 
(if  tiiey  were  otherwise  good  in  I^aw)  they  are  excepted  by  the  Aet  2fl2 
out  of  the  sale  to  the  Crown  and  therefore  not  liable  to  be  now  resnr- 
veyed.  And  as  to  such  cases  wherein  a  resurvey  is  ])roper  and  yet  the 
Grants  are  valid  in  Law,  we  are  of  opinion  that  the  proper  remedy  is  bv 
information  in  the  name  of  the  Attorney  General  of  the  Province  in  a 
Court  of  Equity  there  in  order  to  have  the  real  quantity  set  out  and  the 
excess  pared  off  for  the  Benefit  of  the  Crown. 

8""  In  case  any  of  these  Grants  appear  to  l)e  voidable  in  Law,  wiiat  is 
the  proper  method  to  have  the  same  vacated. 

We  are  of  opinion  that  the  jiroper  method  for  the  Crown  to  recover 
its  Right  (exce])t  in  the  instances  mentioned  in  the  answer  to  the  last  Q') 
is  by  an  Information  of  Intrusion  in  the  proper  Court  of  the  Province 
and  in  case  of  error  there  by  appeal  to  his  Majesty  in  Council. 

1\  RYDER. 

IP"  ?>b'M7:li-  J.  STRANGE. 


Petition  of  JVP  Wragg,  Agent  for  the  Assembly  of  North  Carolina  to  the 
Lords  Com"  for  Trade  &  Plantacons;  praying  for  Cojiics  of  their 
Lord'"  Orders,  Representations  or  Directions  in  relation  to  the  case  or 
representation  of  y*  Principal  Inhabitants  of  that  Province  at  Cape 
Fear  River  and  parts  adjacent,  who  claim  lands  by  grants  under  the 
seal  of  the  late  Lords  Proprietors  of  Carolina,  &  jiresentcd  to  this 
Board  some  time  since. 

To  the  Right  Hon*"''  the  Lords  Com'''  for  Trade  and  Plantations. 
The  Humble  Petition  of  Sam'  Wragg,  London  Merch'  sheweth. 
That  some  time  since  your  Petitioner  had  the  honor  in  person  to  pre- 
sent to  your  Lordships  at  the  Board,  the  Case  or  Representation  of  sun- 
dry of  the  Principal  Inhabitants  of  North  Carolina,  dwelling  at  Ca]ie 
Fear  River  and  the  parts  adjacent,  on  behalf  of  themselves  and  others 
who  claii::  lands  by  virtue  of  Grants  under  the  Seal  of  the  late  Lords 
Prop"  of  Carolina. 

Relating  to  their  Titles  and  Grants  under  the  late  Lords  Proprietors 
antecedent  to  the  arrival  of  His  Majesty's  Gov"  there  in  Feb'^  17.3^  and 
the  erecting  Courts  there  to  question  the  validity  of  such  Titles  and 
Grants,  the  increase  of  rents  now  demanded,  the  successive  Fees  taken 
on  new  Grants,  and  other  matters  wherein  the  properties  of  great  num- 
bers of  his  Majestys  good  and  faithful  Subjects  are  reudred  extremely 
precarious,  according  to  the  strained  Construction  which  had  been  put 
upon  some  of  His  Majestys  Instructions  to  his  (lovernor. 


324  COLONIAL  RECORDS. 


And  therefore  humbly  praying  your  Lordships  consideration  of  their 
Case,  and  such  Explanation  of  the- Governors  Instructions  as  might  tend 
to  quiet  the  minds  and  Possessions  of  the  Inhabit",  under  their  great  & 
general  Calamity. 

That  as  this  was  a  matter  of  the  utmost  Consequence  for  the  Settle- 
ment and  repose  of  the  Country,  and  was  a  continual  subject  for  uneasi- 
ness and  complaint,  your  Petitioner  who  is  furnished  with  a  power  from 
the  Assembly  of  North  Carolina,  did  attend  your  Lord^"  with  the  said 
Case  or  Repi-esentation,  and  several  times  afterwards,  at  your  Lordships 
Office,  to  Enquire  what  proceedings  were  had  therein. 

But  by  some  very  unusual  accident  in  the  office  it  so  happened  (as  your 
Petitioner  was  informed)  that  the  said  Case  was  somehow  mislay'd,  so  as 
not  to  be  found. 

Since  which  time  your  Petitioner  hath  not  had  the  least  notice  that  your 
Lordships  were  proceeding  thereon,  and  therefore  hath  not  given  your 
Lordships  any  trouble  in  that  matter,  presuming  that  the  said  case  had 
been  totally  lost. 

But  within  few  days  past  your  Petitioner  has  learnt  that  your  Lord- 
ships have  retrieved  the  said  Case,  and  that  your  Lordships  in  your  great 
justice  and  goodness,  have  some  thoughts  of  putting  the  People  there 
under  some  security.  The  want  whereof  hitherto,  hath  given  them  very 
great  concern,  and  been  one  of  the  Great  Causes  of  the  present  uneasi- 
nesses in  that  Country. 

That  your  Petitioner  most  humbly  apprehends  that  the  quieting  the 
Titles  of  the  People,  and  settling  the  rate  and  manner  of  paying  their 
Quit  rents,  and  other  relief,  prayed  by  the  said  Case,  will  every  way  pro- 
mote the  service  and  interest  of  his  Majesty,  the  settlement  of  the  Coun- 
try, and  the  quiet  and  tranquility  of  the  People;  matters  which  your 
Petitioner  rests  assured,  your  Lordships  have  very  much  at  heart. 

But  forasmuch  as  the  relief  designed,  in  any  way,  by  your  Lordships 
to  the  People,  may  not  have  all  those  good  Effi?cts,  which  your  Lordships 
propose,  unless  the  People  are  put  into  some  state  of  security  by  being 
apprised  how  far  and  in  what  degree  your  Lordships  think  they  ought 
to  be  secured  &  relieved, 

Your  Petitioner  most  humbly  prays  your  Lordships  to  allow  him 
Copies  of  your  Lordships  Orders,  Representations  or  Directions,  which 
your  Lordships  may  have  made,  or  shall  make  in  relation  to  any  of  the 
matters  comprised  in  the  said  Case  or  Representation. 

And  your  Petitioner  (and  indeed  the  whole  Province)  will  be  ever 
bound  to  pray  etc  T.  WRAGG. 

Reed:  July  12'"  1738. 


COLONIAL  RP:C0RDS.  .325 


[B.  P.  R.  <).  B.  T.  JouHNALs.  Vol,.  48.  p.  10.] 

BOARD  OF  TRADE  JOURNALS. 

Tuesday  .lantiarv  24'"  ^[^^. 
Present  Lord  Monson. 
M'  Pelham  Col.  Bladen 

M'  Ashe  M'  Plumer. 

Ordered  the  papers  relating  to  North  Carolina  Quit  Rents  to  be  eol- 
leeted  and  laid  before  the  B<iard. 

[Page  11.] 

Thursday  January  26"'  ITSJ 
M"  M°Culloh  attending-  read  a  pa]ier  relating  to  the  Blank  Patents  in 
North  Carolina  and  their  Lordships  having  had  some  talk  with  him 
agreed  to  take  that  affair  into  eonsideration  as  .soon  as  the  same  .shall  be 
reduced  into  a  proper  state  of  the  case  for  the  opinion  of  the  Attorney 
General. 

[Page  1 3. J 

Tuesday  .Januars-  31*"  173^. 
Ordered  that  a  letter  be  writ  to  M'  Siielton  desiring  his  attendance  at 
the  Board  tomorrow  in  relation  to  the  Deed  of  1668. 

[Page  14.] 

Wednesday  February  P'  173| 
M'  Shelton  attending  acquainted  the  Board  that  the  Lords  Proprietors 
never  did  consent  that  the  inhabitant.s  of  Albemarle  County  should  have 
any  Lands  granted  them  conformal)le  to  the  Deed  of  1668  excepting  only 
those  who  were  formerly  residenters  of  that  County  before  the  said  year 
Case  of  the  Blank  Patents  laid  before  the  Attorney  and  Solicitor  Gen- 
eral for  their  opinion  in  point  of  law 

M'  M°Culloh  attending  the  Board  had  some  discourse  with  him  rela- 
tive to  the  deed  of  1668  and  agreed  to  consider  of  the  same  the  first 
opportunitv. 

[Page  15.] 

Thursday  February  2°''  173 J 
j\fr  ^jcCiilJoh  attending  the  Board  iiad  some  further  discourse  with 
him  and  ordered  a  state  of  the  case  of  the  Quit  rents  to  be  drawn  u])  tu 
be  laid  before  the  Attorney  General  for  his  opinion  thereon. 

[Page  ir.J 

Tuesday  February  7'"  173;' 
Their  I..ordships  took  into  consideration  a  Draft  of  Querys  to  be  pre- 
pared in  order  to  be  laid  before  the  Attorney  General  in  relation  to  the 


326  COLONIAL  RECORDS. 


Grants  and   Quit  Rents   in   North   Carolina  and   made  some   progress 
tlierein.     Agreed  to  and  ordered  to  be  transcribed  Feb'^  S* 

[Page  20.] 

Tuesday  February  14'"  173| 
Read  the  Report  of  tlie  Attorney  and  Solicitor  General  upon  the  case 
of  tiie  Blank  Patents  in  North  Carolina 

[Page  36.] 

Thursday  March  2'"'  173| 
M"'  Attorney  &  Solicitor  General's  Report  and  Opinion  upon  several 
Queries  relating  to  Quit  rents  in  North  Carolina  was  read  and  the  Board 
took  tiie  same  into  con.sideration. 

[Page  29.  J 

Thursday  March  9"'  173| 
M'  Attorney  and  Solicitor  General  attending  the  Board  had  some  dis- 
course with  them  on  the  subject  of  the  Quit  rents  &c.  in  North  Carolina 
and  their  Ijordships  ordered  copies  of  two  Laws,  relative  to  rating  com- 
modities passed  in  that  Province  to  be  transcribed  and  to  be  laid  before 
them  for  their  opinion  thereon. 

[Page  32.J 

Wednesday  Marcli  15*  173| 
Read  M'  M^Culloh's  Answer  to  four  Queries  concerning  two   Acts 
for  rating  commodities  passed  in  North  Carolina   and   the  Quit  rents 
there  and  their  Lordships  ordered  a  copy  of  the  same  to  be  sent  to  tlic 
Attorney  &  Solicitor  General. 

[Page  34.] 

Wednesday  March  22°*  1 73| 
Read  the  Report  of  M'  Attorney  &  Solicitor  General  upon  two  Acts 
of  North  Carolina  relating  to  staple  commodities  rated  and  certain  que- 
ries thereon  and  the  Board  agreed  to  take  the  affairs  of  North  Carolina 
into  considel'ation  on  Wednesday  next. 

[Page  40. J 

Friday  April  14*  1738 
The  Board  took  into  consideration  the  state  of  the  Province  of  North 

Carolina  and  made  some  progress  therein 

The  Secretary  was  directed  to  write  a  letter  to  M'  M°Cullogh  desiring 

his  attendance  at  the  Board  on  Tnesdav  next. 


COLONIAL  RECORDS.  327 


[Page  42.] 

Tuesdax  April  18'"  1738. 

*  M'  M^Cullogh  attending  tlie  Board  liad  some  discourse  with  him  rela- 
tive to  the  Blank  Patents  in  North  Carolina  and  having  taken  the  same 
into  consideration  made  some  jJrogress  therein. 

Wednesday  April  19'"  1738 
M''  M°Cnllogh  again  attending  their  I^ordships  had  under  their  con- 
sideration the  affair  of  the  North  Carolina  blank  patents  and  quit  rents 
and  made  some  further  progress  therein 

Thursday  April  20'"  1738 
The  Board  took  again  into  consideration  the  affair  of  North  Carolina 
mentioned  in  the  Minutes  of  yesterday  and  made  some  further  progress 
therein 

[Page  46.  J 

Wednesday  April  26'"  1738 
The  Board  had  again  under  consideration  the  affair  of  the  Blank  Pat- 
ents and  Quit  rents  in    North  Carolina  and  made  a  further  progress 
therein 

[Page  49.] 

Friday  May  5'"  1738. 
The  Board  had  again  under  their  consideration  the  affair  of  the  Quit 
rents  and  blank  patents  and  made  a  further  progress  therein 

Wednesday  May  10'"  1738. 
Read  an  Order  of  Committee  of  Council  dated  May  4*"  1738  direct- 
ing this  Board  to  report  what  sum  they  shall  think  proper  to  be  allowed 
to  Messrs.  Skene  &  Abercromby  who  were  appointed  by  the  late  Gov- 
ernor of  South  Carolina  to  be  Commiss"  for  settling  the  Boundaries  be- 
tween that  Province  and  Nortli  Carolina  and  the  Board  appointed 
Wednesday  next  for  considering  that  affair 

[Page  .54.]' 

Wednesday  May  17'"  1738. 
M"^  Abercromby  attending  as  directed  by  the  Minutes  of  May  10'" 
inst.  the  Board  had  some  discourse  with  him  on  the  subject  of  his 
demand  on  account  of  his  running  the  Boundary  lines  betwixt  the  two 
Provinces  of  S.  and  N.  Carolina  and  referred  the  further  con.sideration 
to  another  opportunity. 

[Page  55.] 

Tuesday  May  30'"  1738. 
The  Board  had  again  under  consideration  the  affair  of  the  Quit  rents 
&  blank  patents  and  made  a  further  progress  therein 


328  COLONIAL  RECORDS. 


Read  a  letter  to  the  Secretary  from  M'  Abercromby  together  with 
papers  relating  to  the  expences  of  running  the  boundary  line  between  S. 
&  N.  Carolina. 

[Page  57.  J 

Wednesday  May  81"  1738. 
Mr.  McCullogh  attending  the  Board  had  some  discourse  with  him  in 
relation  to  his  Memorial  and  Pro])osals  for  rendering  his  Maj.  Colonies  in 
America  more  advantageous  to  Great  Britain  and  their  liord""  having 
made  some  progress  in  that  affair  were  pleased  to  appoint  AVednesday 
next  for  the  further  consideration  of  it  upon  which  day  he  was  desired 
to  attend  again. 

(Page  58.J 

Tuesday  June  6*  1738. 
M"'  Abercromby  attending  the  Board  had  some  discourse  with  him 
concerning  his  letter  to  the  Secretary  mentioned  in  the  Minutes  of  May 
30""  last  and  their  Ijordships  were  pleased  to  postpone  their  Report  upon 
the  Order  of  the  Com*"'  of  Council  mentioned  in  the  Minutes  of  May 
10""  till  the  arrival  of  proper  Certificates  to  make  out  iiis  demand. 

[Page  76.1 

Wednesday  July  12'"  1738. 
M''  Wraggdeliv'*  in  as  Agent  for  the  As.sembly  of  No.  Carolina  a  peti- 
tion relating  to  the  case  or  Repre-s"  T)f  Sundry  of  the  principal  iuhab"  of 
that  Province  in  behalf  of  themselves  &  others  who  claim  lands  by 
virtue  of  Grants  under  the  .'^eal  of  the  late  Lds  Prop"  presenf*  to  this 
Board  some  time  since. 


[F^ROM  THE  MSS.  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newton  lo'"  day  of  February  1737  [1738] 

Read  the  following  Petitions  for  Patents  Viz' 

Agnes  Ann  Robinson  640  N.  Hanover,  Alchison  Rowan  400  Ditto, 
William  Gill  150  Bladen,  D°  200  D°,  Rob'  Jones  120  Craven,  George 
Bishop  100  p'  in  each  County  N.  Hanover  and  Onslow,  D°  400  D°, 
Woodman  Stockley  300  N.  Hanover,  Paul  Wickstead  100  N.  Hanover, 
James  Huske  400  D°,  Thos  Jones  100  Bladen.     Granted. 

16""  February     Read  the  following  Petitions 

Sara  Porter  (i40  N.  Hanover,  Jno  &  SamI  Slade  200  Craven,  Jno 
Marshal  150  D°,  William  Herritage  .500  D",  Geoff  Dawson  640  Bladen, 


COI.(JNIAI>  RECORDS.  329 


David  Moselev  400  D°,  Sam  Jolm.ston  fUO  N.  Hanover,  William  White 
300  Bladen,  Jas  Portevint  (540  N.  Hanover,  Jacob  Sliives  (Sclieiiw)  220 
Bladen,  Andrew  Ellison  for  his  father  W"  Ellison  320  N.Hanover, 
Solomon  Smith  640  Craven,  James  Keith  400  D°,  Joseph  Tomny  40(J 
Bladen,  Thus  Conner  640  N.  Hanover,  Jn°  Edwards  300  Ditto,  Anthony 
Coxk  300  Carteret,  Jno  Montgomery  500  Craven,  Thos  Wier  220  Bla- 
den, Ralph  Miller  250  Ditto,  David  Turner  200  Carteret.     Granted. 

At  a  Council  held  at  Newton  17  February  1737  [1738].  Read  tiie 
following  Petitions  for  Patents  Viz' 

Mary  Hill  300  New  Hanover,  Luke  Russel  300  Craven,  Cold  Smith 
Whitehurst  500  N.  Hanover,  Zach  Evans  600  Onslow,  Fran'  Urme  200 
Craven,  Christ"  Harrison  200  D",  Rich*  Cheeck  640  Beaufort,  George 
White  300  Craven,  Levi  &  Jno  Alderson  640  D°,  Jacob  Taylor  500 
Beaufort,  Edw*  Lee  320  N.  Hanover,  Benj°  Joyner,  580  Edgcombe, 
Martin  Holt  640  N.  Hanover,  Henry  Bisiiop  400  D°,  Thos  Cummins 
300  D",  David  Bevan  150  D",  Rich"  Eagles  80  N.  Hanover,  Rice  Price 
640  D°,  Jos  Lane  370  Edgcombe,  David  Gerganus  300  Bladen,  Mary 
Ward  300  Beaufort,  Jas  Roberts  200  Craven,  Isaac  Kilpatric  640  N. 
Hanover,  Jno  Innet  600  D",  Henry  Sumerland  .300  C!raven,  Rice  Price 
200  D°,  Sam  Whitehurst  200  D°,  Laz  Price  200  D°,  Jn°  Derhaui  200 
D°,  Thos  M^Clang  200  N.  Hanover,  Francis  Stringer  640  Cra%'en, 
Amb'  Arriss  480  Ditto,  Mich  Bridal  640  N.  Hanover,  W"  Pate  640 
Craven,  Josias  Walters  400  Onslow,  Jno  Wallace  640  D",  Jno  Guess 
570  D°,  Cha'  Cogdale  422  Carteret,  W"  Borden  300  D",  D"  490  D°,  Jno 
Williams  640  Onslow,  Jas  Spier  225  Edgcombe,  D°  200  D°,  Rob  War- 
men  640  D",  Jno  Speir  640  D",  D"  640  D",  Jno  Cane  190  D",  Jno 

450  D°,  D"  100  D°,  W"  Whitehead  400  D°,  Jas  Jenkins  354  D°,  Joseph 
Coftbn  640  D",  W"  Whitehead  640  D">  (but  560  returned),  Jno  Pope  610 
D°,  Thos  Bryant  400  D",  W"  Whitehead  200  D",  W"  Bennet  200  D" 

Jere  Murphy  a  resurvey  on  Frederick  Jones'  Ijand  in  Craven  between 
Mansfields  Brook  and  Island  Creek.     Granted  bet.  the  Surplus  Land 

Ordered  that  the  Receiver  General  in  taking  Province  Bills  tor  the 
Kings  Rents  observe  the  like  Proportion  as  7  to  1  demanding  and  receiv- 
ing the  same  otherwise  than  at  600  ^  cent  on  Sterling  money  tho  below 
the  real  exchange  in  the  course  of  trade 

It  being  moved  by  Roger  Moore  Esq'  that  the  Dispute  between  Jere 
Row^n  Esq'  and  the  Exec"  of  the  late  Mr  Ash  should  now  come  under 
consideration  Mathew  Rowan  Esq'  in  behalf  of  the  said  J.  Rowan 
Alledged  they  were  unprepared  not  expecting  twould  come  on  this  Court 
and  af\er  some  Arguments  on  both  sides  it  was  agreed  and  ordered  to  be 
referred  to  the  nt^-xt  Court  of  Claims  at  Cap^  Fear 
42 


330  COLONIAL  RECORDS. 


W"  Whitehead  praying  by  liis  Attorney  in  behalf  of  Thos  West  that 
a  Patent  granted  in  the  time  of  the  late  Lords  Prop"  to  Jno  Pope  dated 
24  July  1728  be  rectified  agreeable  to  the  underwritten  Plot  deferring 
from  the  Patent  in  that  the  first  Course  of  the  latter  is  S°  44  and  should 
be  N°  44  as  in  the  said  plot 

Ordered  that  the  Courses  be  laid  down  according  to  the  Plot  now 
Exhibited  and  that  the  same  be  Enrolled  in  the  Secretary's  Office 

Read  the  Petition  of  Mich  Clark  for  a  resurvey  of  2  tracts  in  Onslow 
Precinct  belonging  to  the  heirs  of  Col  Reed  at  the  Month  of  Stone  Creek 
in  Order  to  ascertain  the  Bounds  of  another  tract  belonging  to  the  said 
Clark     Ordered  that  the  same  be  resurveyed  and  reported 

Read  the  following  Petitions 

Jere  Simmons  1000  Craven,  George  Roberts  208  D",  Phil  Rayford  200 
Edgcombe,  Thos  Clark  640  N.  Hanover,  Nath  Carruthers  156,881  Per- 
quimons,  W"  Bornam  300  Edgcombe,  Alex  Strahann  300  N.  Hanover, 
Ditto  100  D°,  Corn'  Kennedy  '278  Carteret 

Jno  Worsley  for  200  acres  Beaufort  in  consequence  of  a.  Warrant  to  his 
father  Tho*  Worsley  deceased  executed  and  retui'neil 

Ordered  that  a  Patent  for  said  Land  be  made  out  in  tlie  name  and  to 
issue  to  the  Heirs  at  haw 

Ordered  that  a  new  Commission  of  tlie  Peace  issue  for  the  Precinct  of 
Carteret  several  noM'  in  the  Commission  resigning  or  neglecting  to  do 
the  Duty  of  their  Office  and  that  the  following  Persons  be  therein 
appointed  Justices  of  the  said  Precinct  and  hold  Courts  at  tlie  accustomed 
Seasons  Viz'  Thos  Lovick  Jas  Wainwright  Richard  Rustal  Enoch  Ward 
Joseph  Bell  Thos  Dudley  W"  Williams  Thos  Austin  Edward  Ward 
Ralph  Evans  Jno  Gillet  Jos  Bell  Jun  Esq" 

Appeared  Capt  James  Innes  who  acquainting  the  Board  that  he  was 
going  out  of  the  Province  that  therefore  He  desired  leave  to  withdraw 
his  bond  as  Security  for  the  Receiver  General      the  same  was  allowed 

Read  the  Petition  of  William  Whitehead  setting  forth  that  he  obtained 
a  Grant  for  640  Acres  in  Edgecombe  joining  Jos'  Lanes  Plantation  at 
the  Court  of  Claims  held  at  Bertie  to  which  Ann  Thompson  pretended 
that  a  Grant  passed  in  your  pet"  favour  he  paying  her  husband  the  Costs 
of  Warrants  and  Survey  that  the  said  order  is  lost  or  mislaid  wherefore 
he  prays  a  new  Grant     Granted 

Thompson's  Plot  to  be  annexed  to  the  said  Whiteheads  Patent 

Ordered  that  the  Receiver  General  do  transmit  to  the  Right  Honoble 
the  Lords  of  the  Treasury  an' Account  of  tiie  whole  amount  of  the  en- 
suing Collection  with  his  observations  showing  what  obstructions  shall 
occur  to  him  in  the  Execution  of  jiis  Dntv  with   Reasons  and  occasions 


COLONIAL  RKCORDH.  3:31 


of  .siieli  ubstritftion  and  opposition  the  Secretary  desired  tlie  direction  of 
his  Excellency  and  the  Council  with  regard  to  a  Patent  ordered  for 
Arthur  Mabson  the  16""  December  1735  the  Plot  for  which  was  returned 
and  survey  made  by  himself  because  that  since  the  passing  of  the  said 
Grants  a  Petition  of  the  said  Mabson  for  a  another  Grant  has  been 
rejected  upon  the  Account  i.  e.  because  tiie  Land  applied  for  w^as  run  out 
by  himself  it  appearing  to  the  Board  as  a  very  irregular  Practice  which 
ought  by  no  means  to  be  allowed  Wiiich  being  considered  the  Board 
were  of  opinion  that  since  the  Patent  had  been  ordered  it  ought  to  issue 
notwithstanding,  that  accordingly  a  Patent  issue  to  the  said  Mabson  for 
the  Land  as  formerly  prayed      granted  and  returned 

Read  the  Petition  of  William  Whitehead  praying  a  Patent  granted  to 
him  the  IG""  October  1735  may  be  altered  in  the  courses  agreeable  to  a 
Plot  produced 

Ordered  that  the  said  plot  be  annexed  to  a  new  Patent  in  lieu  of  tiie 
former 

Adjourned  to  the  last  Tuesday  in  June  next  following  to  sit  at  New- 
bern 


At  a  Council  held  at  Newbern  27""  June  1738 

Present  His  Excellency  the  Governor 

Tl     H     "bl  /  ^^'°'  Smith  Math  Rowan  "I  Esq"  Members  of  His 

\  Robert  Halton     Eleaz  Allen    j       Majestys  Council 
Adjourned  to  11  "Clock  the  morrow  Morning 

28""  June     Present  as  before  and  Edward  Moseley 

Read  the  Petition  of  Thos  Murphy  Senior  for  198  Acres  in  Craven 
surplus  land  within  W"  Turnaclifs  Lines 

Referred  to  next  Court  and  Ordered  that  in  the  mean  time  W"  Turn- 
adif  resurvey  the  said  Land  and  make  return  the  next  Court 

Read  the  Petition  of  Joseph  Hennis  praying  a  resurvey  of  certain 
Lands  purchased  of  Fredric  Jones  and  a  Patent  for  the  Surplusage. 
Granted 

Read  sundry  Petitions  for  Patents  Viz 

Jos.  Jno  Alstons  150  Edgcombe,  D°  350  Do,  Warren  Andrews  250 
Tyrrel  (this  Grant"  20""  Nov  1739  ami  again  the  2"  Octo'  1741— (the 
return  for  300°"),  Rob'  Hill  200  Edgecombe,  Chas  Hopton  400  Craven, 
Jno  Breakton  400  D",  Jno  Debnam  370  D°,  W™  Daws  200  Beaufort, 
Thos  Garey  200  Edgcombe,  Sam  Jones  400  Onslow,  Jos  Lane  300  Edg- 
combe, Benoni  Lofton  200  Craven,  Peter  Leister  300  Onslow,  Jacob 
Robertson  300  Craven,  Isham  Randolph  640  Edgcombe,  Thos  Smitii 
100  Craven,  Jno  Speir  160  Edgcombe,  Ditto  150  D°,  Francis  Young 
192  D",  Thos  Fisher  183  Craven,  Jno  Fellian  150  D"     Granted 


332  COLONIAL  RECORDS. 


29*  June  1738     Present  as  before. 

-  Read  the  Petition  of  Robert  Forster  for  a  resurvey  of  a  tract  of  Land 
on  Wiccou  in  Bertie  late  Thos  Suttons  praying  a  grant  of  the  Surplus- 
age.    Granted 

Read  the  Petition  of  Thos  Kearney  praying  a  resurvey  of  a  tract  on 
Cushie  in  Bertie  and  a  Grant  of  the  Surplusage     Granted 

Read  Sundry  Petitions  for  Patents  Viz 

Simon  Rights  240  Craven,  John  Brooks  110  Beaufort,, Juo  Beaseley 
200  Craven,  Thos  Bonner  400  Beaufort,  I>  .300  D°,  W"  Carruthers  100 
D°,  D°  400  D°,  Zaeh  Evans  320—300  "^  Onslow,  John  Fonvill  &  W" 
Brice  200  Craven,  Chas  Graffins  288  D°,  Rob'  Pitts  250  Craven,  W" 
Peters  270  D",  Jas  Roberts  250  D°,  Jno  Williams  640  N.  Hanover,  Jno 
Webster  140  Carteret,  Jno  Gillet  618  Craven,  Jno  Guess  570  Onslow, 
Josiah  Jones  350  Beaufort,  Jno  Lovit  300  Craven  &  Carteret,  Thos 
Nelson  100  Carteret,  D°  640  D",  Jas  Sanders  200  Edgcombe,  Jno  Tomp- 
kins 180  Edgcombe,  W""  Whitehead  250  D°,  D"  400  D°     Granted 

30*  June  1738.     Present  as  before. 

Read  Sundry  Petitions  for  Patents  Viz' 

Jas  Hasel  400  N.  Hanover,  D"  110  D°,  D°  200  D°,  W"  Brice  300 
Onslow,  Sara  Bond  187  (400  ret")  Craven,  Jno  Beeton  416  D°,  Juo 
Caldon  630  D°,  Thos  Clifford  640  N.  Hanover,  W"  Carruthers  100 
Beaufort,  W"  DeLoach  200  Edgcombe,  Jno  Dudley  270  Carteret,  Nath 
Everet  640  Onslow,  Jno  Fonville  640  Craven,  Rich"  Field  640  Ons- 
low, Henry  Guston  300  Edgcombe,  D°  300  D",  W"  Shewbridge  200 
Onslow,  Jno  Wiggins  640  Craven,  W"  Gess  300  Onslow,  Jervis  Jones 
100  Beaufort,  Corn=  Loftin  300  Craven,  Rich"  Lovit  100  Carteret,  W"" 
Mills  640  Onslow,  Barbara  Maule  200  Beaufort,  Thos  McClendon  300 
Craven,  Thos  McClendon  640  D",  D°  534  D",  D°  288  D°,  Saban  Plumer 
350  Pasquotank,  Mark  Philips  360  Craven,  Sam  Noble  500  Onslow, 
Thos  Smith  162  Craven,  William  Smith  250  Craven,  D"  300  D",  Jno 
Slocomb  220  D°,  Robt  West  630  Craven,  Fran=  Young  436  Edgcombe. 
Granted. 

July  1"  1738     Present  as  before 

Ordered  a  Dedimus  issue  for  Jno  Barron  W""  Ormond  Isaac  Buck 
George  McCoy  and  John  Wilson  to  be  added  in  the  Commission  for 
Beaufort  Precinct 

Upon  Complaint  of  Eleazer  Allen  Esq  Receiver  General  that  the 
proper  returns  were  not  regularly  made  to  him  from  the  Auditor's 
Office  , 


COLONIAL  RECORDS.  333 


Ordered  that  W"  Maxwell  Esq'  Deputy  Auditor  do  make  out  a  List 
of  all  sufh  Patents  for  Laud  as  have  passetl  his  Office  not  already  made 
out  and  deliver  the  same  to  the  Reeeiver  General  also  that  he  continue 
to  return  Lists  to  the  Receiver  General  for  all  such  Patents  as  shall 
hereafler  pass  his  Office  within  some  convenient  time  after  the  sitting  of 
every  Court  of  Claim  the  said  Lists  to  contain  the  Patentees  names 
number  of  Acres  Date  of  the  Patent  and  the  Precinct  where  the  Land 
is  Situated 

Read  the  Petition  of  Michael  Routledge  for  a  resurvey  of  Peter 
Handy's  Land  4  miles  above  Newberne  and  a  Grant  of  the  Surplusage 
(if  any) 

Ordered  that  the  said  Land  be  resurveyed  and  return  made  to  this 
Court. 

Read  the  Petition  of  John  Fonvielle  for  a  Resurvey  of  the  Land  he 
lives  on  praying  a  Grant  of  the  Surplusage.     Granted. 

Read  Sundry  Petitit)us  for  Patents  Viz' 

Rob'  Germain  &  Thos  Smith  300  Craven,  W"  Henderson  288  D°, 
Jno  More  300  D",  George" Roberts  1000  Craven,  .Ino  Shaw  640  Carteret, 
George  Bould  600  Craven     Granted 

Adjourned  to  the  2''  Tuesday  in  November  next  following  the  Court 
to  sit  at  Newberu. 


At  a  Council  held  at  Newton  the  IG*  day  of  Novemlier  Anno  Dom 

1738     Present  His  Excellency  the  Governour 

Tl     TT     -K1      /  N^th  Rice         Math  Rowan    1  Esq"  Members  of  His 
ne  nonoDie    j  ^^^,  jj^j^^^^     j,^,^,,  Moseley  /       Majestys  Council 

Read  Sundry  Petitions  Viz' 

Thos  Burns  320  N.  Hanover,  Will  Blake  &  Peckersgill  100  Ditto, 
Eliz  Jones  320  D°,  Jno  Smithies  100  D°,  Jno  Rogers  400  Bertie,  Edw" 
Jones  350  Edgcombe,  D°  200  D°,  Jos  Wall  150  Edgcombe,  D°  500  D", 
Rob'  Dunavan  640  D°,  W  Kinchen  150  D",  Sam  Holliman  300  D°, 
Edw"  Jones  400  D",  Jno  Porter  400  N.  Hanover,  Ezekiel  Jnoston  400 
Onslow.     Granted 

His  Excellency  acquainting  the  Board  tiiat  he  had  received  Informa- 
tion of  a  Negro  being  brought  into  tlie  Town  with  the  small  pox  out 
upon  hiui  by  Mr  Dalrymple  Master  of  the  said  Negroe  and  Richard 
Mortimore  Merch'  from  on  Board  a  Ship  lately  arrived  from  South  Caro- 
lina Carlmet  Master  where  the  said  Infectious  distemper  hath  a  long 
time  raged  and  with  great  violence  and  very  fatal  Effect  And  forasmuch 
as  the  town  People  and  other  Inhabitants  are  apprehensive  of  the  conta- 
gion and  justly  dread  the  spreading  of  so  dangerous  a  Distemper  unless 
some  eAwtual  Measures  are  taken  to  prevent  the  same 


:iM  COLONIAL  RECORDS. 


Ordered  tliat  tlie  said  Negroe  be  strictly  confined  to  the  House  lie  now 
lyes  at  in  the  said  [town]  and  that  the  provost  Marshal  provide  a  sufficient 
Watcii  to  prevent  all  communication  with  the  said  House  till  all  danger 
of  Infection  from  the  same  he  over  as  also  that  the  said  Dalrvmple  and 
Mortimore  keep  themselves  apart  from  all  Company  while  there  may  be 
any  danger  of  Imparting  the  Infection  not  presuming  to  go  aboard  upon 
any  account  or  pretence  whatsoever  at  their  peril  and  Furthermore  that 
the  Master  of  the  aforesaid  Vessel  upon  notice  iiereof  immediately  repair 
with  his  Ship  two  miles  up  the  Black  river  there  to  continue  for  the 
space  of  three  weeks  and  have  no  intercourse  during  that  time  with  the 
Inhabitants  as  he  will  answer  the  contrary  at  his  utmost  peril 

The  17*  November     Present  as  before  and  Roger  Moore  Esq' 

Read  Sundry  Petitions  Viz' 

W"  Kinchens  100  acres  Edgcombe,  Rich''  Sessums  200  D°,  Cha^  Evans 
640  D°,  Rich"  Sessums  640  D°,  Jno  Speir  160  D",  Vinct  Amiat  400 
Craven,  George  Thomas  261  D°,  Jas  M^Croaine  400  D°,  George  Roberts 
200  D",  Jno  Harring  300  D°,  Jas  Gerral  200  D°,  Robt  West  300  Craven, 
Jno  Burney  200  Beaufort,  Walter  Kelly  440  D°,  Corn'  Harnet  640  N. 
Hanover,  Jno  Sampson  300  D°,  Thos  Rowan  350  D°,  Robt  Potter  400 
D°,  Edw"  Scott  300  D",  Jno  Williams  640  Onslow,  Jno  Russal  160  Bla- 
den, James  Welsh  640  D°     Granted 

Ordered  that  Eleazer  Allen,  Mathew  Rowan  and  Edward  Moseley 
Esq'  be  a  Committee  to  consider  of  proper  rules  and  measures  to  be 
observed  in  the  Disposition  of  Lapsed  Lands  and  that  they  report  their 
opinions  and  proceedings  therein  to  the  Board  on  Monday  next 

The  18""  of  November     Present  as  before  and  Eleazer  Allen  Esq' 

Read  the  Petition  of  Michael  Lowber  setting  forth  that  he  had  obtained 
a  Warrant  of  his  Exeell^  for  640  acres  of  land  in  New  Hanover  Precinct 
bounded  by  Land  of  John  Parry  Rush  Watts  and  Col  Moor  and  praying 
a  resurvey  of  the  said  Lands  that  so  the  aforesaid  Warrant  may  be  layed 
on  the  vacant  Surplus  Land 

It  was  observed  that  the  Prayer  Clashes  with  the  former  part  of  the 
Petition  which  describes  a  Warrant  for  640  Acres  bounded  by  such  and 
such  lands  Whereas  the  Prayer  is  for  the  Surplusage  of  the  same  Lands 

Ordered  that  the  Warrant  be  executed  according  to  the  express  terms 
of  the  same  and  no  otherwise 

Read  Sundry  Petitions  Viz' 

Job  Brooks  200  acres  Onslow,  Jno  Marshall  320  N  Hanover,  Jonatli 
Tremain  100  D",  W"  Marshal  300  D",  W"  Dry  290  D",  Henry  Sunier- 
land  200  Craven,  W"  Bright  200  D",  W"  Paget  350  D°,  Edw"  Coward 


COLONIAL  KECOliDS.  :}:5o 


300  D",  Ja^=  Anderson  100  D°,  Jonath  Bangs  150  D°,  Jno  (iatling  200 
D°,  Henry  Carraon  400  D",  Jno  Morgan  100  D°,  George  Fisher  1.5(]  D", 
Bryan  Reyley  300  D",  Tlios  Branton  640  D°,  John  Felh)\v  300  D", 
Simon  Bright  190  D",  Jos  Letch  worth  200  D°,  Abrah  Odani  615  D", 
Corn"  Tyson  300  D",  Jno  Mathews  300  D",  Rich"  Earle  400  N.  Hanover, 
Jno  Fellow  400  Craven,  Jere  Murphy  200  D",  Thos  Tyson  300  D",  Chas 
Coward  250  D",  Fran=  Hodges  200  Craven,  Thos  Graves  350  D",  Henry 
Smith  500  D°,  Jno  Taylor  200  D",  Fran'  Stringer  250  D»,  Jno  Beckton 
200  D",  Jno  Wilson  300  Beaufort,  Jno  Lamberson  300  D",  Jacob  Moore 
250  D",  Jno  Lee  500  D",  Rich"  Cheek  640  D",  Seth  Pilkington  640  B"', 
Will  Mitcliel  350  D°,  Isaac  Buck  435  D",  Corn"  Tyson  150  D",  D"  640 
D°,  Fran'  Young  244  Edgcombe 

Jno  Williams  for  a  resurvey  of  a  tract  of  land  which  he  holds  !)v 
patent  joining  E  Andersons  on  the  N.  W.  branch  of  the  N.  River 
Granted. 

Thos  Murphy  Senior  for  199  Acres  Surplus   Land  of  W"  Tunacliff 

Ordered  that  William  Tunaclitf  resurvey  the  Land  in  question  between 
iiiin  and  the  said  Murpliy  and  make  return  of  such  Survey  to  next 
Court  otherwise  a  Patent  to  issue  to  tlie  said  Murphy  for  the  said  Land 

Read  the  Petition  of  Mrs  Magdaline  Campbell  praying  that  two 
patents  in  the  name  of  her  late  husband  Hugh  Campbell  deceased 
may  be  altered  for  that  tiie  Lands  thereby  conveyed  are  not  now  situated 
in  New  Hanover  as  before  the  division  of  the  Precinct  and  in  and  bv 
the  said  patents  is  exprest  Imt  in  the  new  precinct  of  Bladen 

Ordered  that  tiie  name  of  the  said  ])rc'  in  the  said  Patents  Viz'  one 
for  640^"  of  land  on  the  N"  E'  side  of  the  N.  W.  River  the  other  for 
640  acres  on  the  S°  W'  side  of  the  same  be  accordingly  altered  from 
New  Hanover  to  Bladen  and  tiiat  this  order  be  engrossed  on  the  back  of 
the  said  patents 

The  20""  of  November  1738     Present  as  before 

Ordered  that  a  Commission  pass  the  Seal  constituting  and  appointing 
W"  Smith  Esq""  Chief  Justice  Nath  Rice  Eleazer  Allen  and  Matliew 
Rowan  Esq"  Justices  to  iiold  a  Court  of  Oyer  and  Terminer  and  Gen- 
eral Goal  delivery  at  Newton  the  Session  to  l)egin  this  present  20""  of 
November 

The  22''  of  November.  Present  as  before.  Read  Sundry  Petitions 
Viz' 

Henry  Owens  (ret*  198)  190'°  Craven,  Abra  Taylor  360  D",  Jno  Der- 
ham  240  D°,  Abra  Odam  615  D°,  Christ"  Dawson  400  D",  Jas  M^Croean 
300  D°,  W"  Crosliv  320  D",  Jas  Perkins  200  D",  Jno  Wiggins  200  D', 


336  COLONIAL  RECORDS. 


Jiio  Gatlino;  200  D°,  Abra  Taylor  Jun'  200  D",  Gilbert  Devour  200  D", 
Jno  Williams  400  D°,  Eliz  Stevenson  150  D°,  Edward  M'Consby  200 
D",  W"  Row  200  D",  James  Keitli  300  D",  Laz  Turnage  300  D°,  Dan 
West  200  D°,  George  Turnage  200  D°,  Jas  M'Croean  400  Craven,  Abra 
Owen  640  D°,  Isaac  Barrington  300  D°,  Henry  Bonner  400  Rowan, 
George  Moy  500  Beaufort,  D°  200  D°,  D"  400  D",  Clifton  Bowen  300 
N.  Hanover,  Jno  Enzor  200  D",  W°  Hester  500  Bladen,  Jno  Godfrey 
320  D",  Jas  Wathen  612  D°,  Gershon  Benhow  250  D°,  Rich^  Baker  640 
D°,  Thos  Hester  200  D°,  Jno  Russ  300  D°,  W"  Norton  640  D",  W" 
Singelary  500  D°,  Jacob  Crosby  200  D°,  Edw"  Walmsley  400  D°. 
Granted 

Read  the  Petition  of  Michael  Lowber  for  640  acres  of  Land  adjoin- 
ing to  Rush  Watts  and  other  lands  Survey  returned  opposed  by  Col 
Moseleys  Attorney  for  that  the  said  Survey  is  thought  to  interfere  with 
a  Patent  of  the  said  Moore 

Ordered  that  Col  Moore  hath  time  to  the  next  Court  to  inform  him- 
self whether  the  said  Lowber  has  incroached  upon  his  Lines 

Read  the  Petition  of  Saban  Plumer  Sarah  Catherine  his  Wife  praying 
that  a  Grant  passed  last  Court  to  the  Petitioners  for  350  Acres  on  Are- 
nuse  Creek  in  Pasquotank  may  be  altered  to  150  Acres  that  being  the 
true  quantity  contained  in  the  said  tract  and  tliat  the  same  be  made  out 
according  to  the  following  description  being  escheated  Land  from  which 
an  Escheat  Patent  formerly  passed  but  is  lost — beginning  at  a  pine  at 
the  mouth  of  Areneuse  Creek  then  up  the  said  Creek  by  various  courses 
to  a  Gut  called  Ware  point  gut  then  up  the  said  Gut  by  various  courses 
to  a  marked  beach  then  N  W  to  a  hickory  being  the  Corner  tree  then  S° 
05''  E  to  a  red  oak  by  the  Pocosen  of  the  River  then  down  the  pocosen 
and  the  River  to  the  first  Station  being  butted  by  the  Lines  of  Richard 
Fourd  and  Abel  Ross.     Granted. 

The  24'"  November  1738.     Present  as  before. 

Read  sundry  Petitions  Viz' 

Jno  Fellows  640  Craven,  Roger  Moore  640  N.  Hanover,  Margaret 
Haines  100  D",  Christ"  Ottey  190  D",  Joshua  Granger  640  Onslow,  Mag- 
dalen Campbel  150  Bladen,  Vincent  Amiat  640  Craven,  D°  200  Carteret, 
John  Richards  300  Craven,  Peter  Dubois  640  D",  Rob'  Halton  170  N. 
Hanover,  Roger  Jones  150  Beaufort,  Mich  Heggins  300  N.  Hanover, 
James  Pollard  250  D",  Rob'  Halton  170  D°,  Tho'  Child  1320  D",  Ta- 
betha  Larkins  640  D",  W"  Norton  200  D",  Martin  Jenkins  320  D",  W" 
Cain  640  Bladen,  .Fn"  .lames  200  Craven,     (xranted. 

By  order  NATH  RICE,  CI. 


COLONIAL  RECOKLS.  337 


At  a  Council  held  at  Cape  Fear  the  24""  day  of  Derember  1 738 
Present  His  Ex(;ellency  the  Goveruour 
C  Nath  Rice        ] 
The  Hon6ble<;  Rob'  Halton     V  Esq"  Mem"  of  His  Majestys  Council 
(  Roger  Moore  J 
The  Secretary  reported  to  the  Board  the  Tryal  and  Condemnation  of 
three  Prisoners  indicted  at  a  Court  of  Oyer  and  Terminer  begun  and  held 
at  Newton  the  2'*  Ins'  for  felonious  stealing  of  certain  Goods  the  property 
of  Joshua  Johnston,  Viz  Richard  Purcel  as  Principal  and  Daniell  Keel 
and  Peter  Luard  as  accessory  but  there  appearing  some  circumstances  of 
Alleviation  in  the  case  of  the  latter  \vho  were  recommended  as  Objects  of 
Mercy  both  by  the  Jury  and  Bench  of  the  Justices 

His  Excellency  was  pleased  by  and  with  the  advice  and  consent  of  His 
Majesty's  Council  to  pardon  the  said  Accessories  Daniel  Keel  and  Peter 
Luard  and  to  order  Richard  Purcell  Principal  as  aforesaid  to  Execution 
pursuant  to  the  formal  sentence  of  the  said  Court  pronounced  upon  him 

By  order  NATH  RICE  CI 


1739. 

[B.  P.  R.  O.  Am:  and  W.  Inu:  Vol.  23.  p.  375.] 

My  Lord  [the  Duke  of  Newcastle] 

I  have  the  Honour  to  acquaint  your  Grace  that  a  little  before  last 
Christmas  I  ordered  Writts  to  be  i.ssued  for  calling  an  assembly  of  His 
Majestys  subjects  of  this  Province  which  accordingly  mett  at  Newbern 
on  the  sixth  day  of  February  la.st  and  have  pas.sed  severall  very  bene- 
ficial Laws  particularly  an  Act  for  granting  his  Majesty  a  Rent  Roll 
and  for  the  more  effectual  collecting  of  his  Quit  rents  An  Act  for  the 
Improvement  of  the  Trade  and  Navigation  of  this  province,  An  Act  for 
the  more  speedy  admini.stration  of  Justice  by  establishing  of  Circuit 
Courts  and  a  great  many  other  good  Laws,  more  than  has  been  passed 
by  all  the  Assemblies,  since  the  foundation  of  this  Colony.  It  is  with 
great  pleasure  I  now  inform  your  Grace  that  after  a  few  years  struggle, 
During  which  I  have  suffered  infinite  Hardships  and  no  means  have 
been  left  unattempted  to  induce  me  to  depart  from  my  Instructions  mat- 
ters are  at  length  brought  to  this  happy  Issue  and  in  a  Country  where 
Disorder  and  Confusion  have  prevailed  from  its  first  Settlement,  tiie 
foundations  of  peace  and  good  order  are  at  last  so  firmly  laid. 
43 


338  COLONIAL  RECORDS. 


I  was  assured  at  the  breaking  up  of  this  session  by  the  most  considera- 
ble Members  of  both  Houses  that  at  their  next  meeting  in  November 
they  were  firmly  determined  to  pass  such  other  Laws  as  might  be  judged 
necessary  for  his  Majesty's  services  and  the  publick  good. 

I  have  ordered  the  Secretary  to  make  out  a  fair  Copy  of  the  Acts  and 
other  proceedings  of  this  Assembly  which  shall  be  speedily  transmitted 
to  your  Grace  by  Your  Grace's  most,  &c., 

North  Carolina  April  10*  1739.  GAB:  JOHNSTON. 


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

The  King  to  the  Gov'  of  No.  Carolina  June  1739. 

Trusty  and  Welbeloved,  We  greet  you  well.  Whereas  several  unjust 
Seizures  have  been  made,  and  Depredations  carried  on,  in  the  West 
Indies,  by  Spanish  Garda  Costas,  and  ships  acting  under  the  Commis- 
sion of  the  King  of  Spain,  or  his  Governors,  contrary  to  the  Treaties 
subsisting  between  us  and  the  Crown  of  Spain,  and  to  the  Law  of  Na- 
tions, to  the  great  Prejudice  of  the  lawful!  Trade  and  Commerce  of  our 
Subjects;  and  many  Cruelties  and  Barbarities  have  been  exercised  ou 
the  Persons  of  such  of  our  subjects,  whose  Vessels  have  been  so  seized 
by  the  said  Spanish  Garda  Costas ;  And  whereas  frequent  complaint  has 
been  made  to  the  Court  of  Spain  of  these  unjust  Practices,  and  no  satis- 
faction or  redress  been  procured ;  and  whereas  a  Convention  for  making 
Reparation  to  our  Subjects  for  the  I^osses  sustained  by  them,  on  account 
of  the  unjust  seizures  and  captures  above  mentioned,  was  concluded 
between  us,  and  the  King  of  Spain,  on  the  fourteenth  Day  of  Jan-''  last, 
ns.  by  which  convention.  It  was  stipulated.  That  a  certain  Sum  of  Money 
should  be  paid  at  Loudon,  within  a  Term  specified  in  the  said  Convention, 
as  a  Ballance  due,  on  the  part  of  Spain,  to  the  Crown  and  Subjects  of 
Great  Britain,  which  Term  did  expire  ou  the  25"'  Day  of  May  last;  and 
the  Payment  of  the  said  sum,  agreed  bj'  the  said  Convention,  has  not 
been  made,  according  to  the  Stipulation  for  that  purpose,  by  which 
means  the  Convention  above  mentioned  has  been  manifestly  violated  and 
broke  by  the  King  of  Spain,  and  our  subjects  remain  without  any  Satis- 
faction, or  Reparation  for  the  many  great  and  grievous  Losses  sustained 
by  them:  We  have  thought  fit,  for  the  vindicating  the  Honour  of  Our 
Crown,  and  ibr  our  injured  Subjects,  to  order  Reprisals  to  be  made  upon 
the  Crown  and  subjects  of  Spain.  And  we  do  therefore,  by  Yertue  of 
these  Presents,  authorise  and  empower  you  to  issue  forth,  and  grant  com- 


COLONIAL  RECORDS.  :i39 


missions  of  Marque  and  Reprisal  to  any  of  our  loving  Subjects,  or  others 
who  shall  apply  to  you  for  the  same,  and  whom  you  shall  deem  fitly 
qualified  in  that  behalf,  for  arming  and  fitting  our  private  Ships  of  War, 
for  the  apprehending,  seizing  and  taking  the  Ships,  Vessels,  and  Goods 
belonging  to  the  King  of  Spain,  His  Vassals,  and  Subjects,  or  any 
inhabiting  within  his  Countries,  Territories  and  Dominions  in  the  West 
Indies:  Provided  always,  that  before  any  such  Commission  or  Commis- 
sions be  issued  forth  security  be  given  upon  every  such  Commission  as 
hath  been  used  in  such  Cases.  And  you  shall  insert  in  every  commis- 
sion to  be  so  granted  by  you,  all  such  Clauses,  and  give  such  Directions 
and  Instructions  to  the  Person,  or  Persons  to  whom  you  shall  grant 
such  Commission,  as  hath  been  usual  in  Cases  of  the  like  Nature,  and 
for  so  doing  this  shall  be  your  Warrant  and  so  we  bid  you  Farewell. 
Given  at  our  Court  at  Kensington  the  day  of  June  1739,  in  the 

Thirteenth  Year  of  our  Reign 

By  His  Majesty's  Cotomand. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  48.  p  1.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday,  January  10""  173f 
Present  Lord  Monson  Col.  Bladen,  Sir  Arthur  Croft  M'  Plumer 
Read  two  letters  from  M'  Johnston  Gov'  of  North  Carolina  one  dated 
15'"  Jan'^  1738  and  the  other  June  13*  1738  In  the  first  he  complains 
of  the  great  want  of  a  decision  in  the  disputes  about  the  blank  patents 
and  validity  of  their  Laws  and  recommends  M''  Murray  for  a  Councillor 
in  the  room  of  M''  Porter  deceased  the  other  gives  an  account  of  the 
dispute  between  South  and  North  Carolina  about  their  Boundary  line 
and  transmits  copies  of  three  Laws  proper  to  be  repealed. 

The  Board  order'd  a  Report  in  favor  of  M''  Murray  and  will  consider 
of  the  settlement  of  the  Lines  whenever  any  application  is  made  from  So. 
Carolina. 

The  Board  likewise  order'd  a  letter  to  be  writ  to  M"^  M°Culloh  to  desire 
his  attendance  tomorrow  at  11  in  order  to  discourse  with  him  alxint  the 
three  abovementioned  Laws. 

[Page  S.] 

Thursday  January  11'"  173|. 

M''  M°Culloh  attending  as  had  been  desired  by  the  Minutes  of  yester- 
day the  Board  liad  some  discourse  with   him  about  ^P  .Tohnston's  lettere 


340  COLONIAL  RECORDS. 


&  upon  the  subject  of"  the  tliree  laws  mentioned  therein  as  proper  to  be 
repealed 

[Page  5.] 

Wednesday  Jannary  17'"  173f 
A  repi'esentation  to  his  Maj'''  recommending  James  Murray  Esq'  to  be 
one  of  His  Maj.  in  North  Carolina  in  the  room  of  Edmund  Porter  Esq' 
deceased  was  agreed  to  and  signed. 

[Page  27.] 

Tuesday  March  27'"  1739. 

The  Board  order'd  the  Secretary  to  write  a  letter  to  M'  M°C'ulloh 
desiring  his  attendance  here  on  Thursday  next  on  the  subject  of  some 
affair  relating  to  the  Province  of  South  Carolina. 

[Page  28.1 

Thursday  March  29'"  1739. 

M'  M'Culloh  attending  as  desired  by  the  Minutes  of  Tuesday  last  the 
Board  had  a  long  discourse  with  him  on  the  .subject  of  several  laws  pas.sed 
in  the  two  Provinces  of  North  &  South  Carolina  and  referred  the  further 
consideration  of  the  same  to  another  opportunity  Ordered  likewi.se  that 
the  Secretary  write  a  letter  to  M'  Fane  that  he  would  be  pleased  to  appoint 
a  time  when  M'  M°Cullob  may  talk  with  him  on  the  subject  of  the  Quit 
rent  law  in  South  Carolina. 

[Page  44.] 

Tuesday  May  15'"  1739. 
M'  M'Culloh  attending  prayed  that  their  Lordships  would  take  into 
consideration  the  Reports  that  have  been  made  &  the  letters  that  have 
been  writ  by  the  Governors  of  North  &  South  Carolina  to  this  Board 
relating  to  the  Boundary  lines  between  those  two  Provinces  and  that  they 
would  please  to  make  their  Report  therein  And  their  Lordships  were 
pleased  to  appoint  tomorrow  for  the  consideration  of  the  said  aftair  and 
order'd  that  the  several  papers  relating  thereto  be  laid  before  them. 

Wednesday  May  16'"  1739. 
The  Board  had  before  them  and  took  into  consideration  the  several 
papers  mention''  in  the  Minutes  of  yesterday  &  upon  finding  the  Governors 
of  the  two  Provinces  had  not  transmitted  to  this  office  any  regular  returns 
their  Lordships  thought  fit  to  defer  making  any  report  to  his  Majesty. 

[Page  46.  J 

Friday  May  25'"  1739. 
Read  his  Maj.  Commission  to  Henry  McCulloh  constituting  him  Com- 
miss'  for  inspecting  and  controlling  the  Revenues  and  Grants  in  South  & 
North  Carolina. 


COLONIAL  RECORDS.  341 


Read  likewise  his  Maj.  Instructions  to  the  aforesaid  Henry  McCuIkiii 
tiie  Commiss''  for  inspecting  &  controlling  the  Revenues  &  Grants  in 
South  &  North  Carolina 

And  the  said  Conuiiission  &  Instructions  were  ordered  to  be  entered  in 

the  Books  of  tliis  office 

fPa^e  53.] 

Friday  June  1"  1739. 
M'  McCulloh  attending  the  Board  had  some  further  discourse  with  him 
u))on  several  Laws  of  North  Carolina 

[Page  64.] 

Thursday  June  21='  1739. 
M'  McCulloh  attending  the  Board  had  some  di.scour.se  with  him  upon 
the  subject  of  several  laws  of  North  Carolina  &  agreed  to  take  the  same 
into  further  consideration  another  opportunity 

[Page  66.  J 

Friday  June  22""  1739. 

Read  Gov'  Johnston's  observations  upon  several  old  Acts  passed  in 
North  Carolina  (transmitted  in  one  book  with  his  letter  dated  5"'  Decem- 
ber 1735  which  was  read  the  21"  Oct'  1736  Bundle  B.  N"  9.) 

And  then  their  Lordships  gave  directions  that  all  letters  wliicli  have 
been  received  from  the  said  M'  Johnston  since  the  Board's  laist  letter  to 
him  be  laid  before  their  Lordships  at  their  next  meeting  in  order  to  con- 
sider of  an  answer  to  l)e  made  to  the  said  letters. 

[Page  70.] 

Thursday,  July  5*  1739. 
Read  a  letter  from  M'  Johnston  Gov'  of  North  Carolina  dated  at  Cape 
Fear  April  10,  1739  signifying  that  the  A.ssembly  have  pa.ssed  many 
good  laws  the  last  Session  and  have  promised  at  their  next  Meeting  to 
pass  such  other  Laws  as  may  be  judged  necessary  for  his  Maj.  .service  and 
the  public  good. 

[Page  80.] 

Thursday  Augu.st  2°"  1739. 
Read  an  Order  of  the  Lords  of  the  Committee  of  Council  dated  31 
July  last  referring  to  this  Board  M'  M°Culloh's  Memorial  praying  that 
the  IS""  &  16""  Instruction.s  given  to  him  may  be  likewise  given  to  the 
Governors  of  South  &  North  Carolina  and  that  he  may  be  a  Member 
extraordinary  of  the  Council  in  those  Provinces  And  the  Board  were 
pleased  to  order  that  M'  M°Culloh  do  attend  on  Wednesday  next 


342  COLONIAL  RECORDS. 


Thursday  August  9'"  17.39. 
M'  Glen  Gov'  of  South  Carolina  attending  moved  for  copies  of  M' 
M°Culloh's  Memorial  referred  to  this  Board  as  mentioned  in  the  Minutes 
of  the  2"''  inst.  and  also  for  a  copy  of  the  lo""  and  16"'  instructions  to  the 
said  M'  M'Culloh  as  Controller  annexed  to  tiie  said  Memorial  The  Board 
was  plea.sed  to  give  directions  that  he  should  have  copies  of  the  same. 

[Page  89.  J 

Wednesday  August  15'"  1739.  • 
M'  Glen  Gov'  of  South  Carolina  and  M'  M°CulIoh  Controller  attend- 
ing the  Board  had  some  discourse  with  tiiem  on  the  subject  of  M'  M°Cul- 
loh's^Memorial  referred  to  this  Board  by  an  Order  of  the  Lords  of  the 
Committee  of  Council  dated  July  31  last  &  mentioned  in  the  Minutes  of 
the  2''  inst  and  M'  Glen  having  delivered  in  a  paper  with  his  Objections 
to  the  said  Memorial  their  Lordships  took  the  same  into  consideration  and 
ordered  the  Draught  of  a  Report  to  be  prepared.  [Page  93.] — Agreed 
to  and  signed  August  30* 

[Page  100.  J 

Wednesday  September  12"'  1739 
A   letter  was  agreed  to  and  signed  to  M'  Johnston  Gov'  of  North 
Carolina  in  answer  to  several  of  his  letters 


[From  the  MSS.  Records  op  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newton  the  20'"  February  1739. 
Present  His  Excellency  the  Governor. 
rpi      TT     -11    f  Will  Smith       Math  Rowan      1  Esq'' Members  of  his 
llie  Monohlej  j^^^^tjjalton     Edw"  Mo.seley    /     Majestys  Council 
Read  Sundry  Petitions,  Viz' 

Jno.  Starkey  in  trust  for  Sol  &  Alex  Grant  640  Onslow,  Ricii''  Bras- 
wel  100  Edgecombe,  D°  100  D°,  Joseph  Howel  300  D°,  W"  Slam  230 
D°,  Abra.  Odam  300  D°,  Sam  Kennedy  100  D",  Elias  Fort  640  D",  Jas 
Ard  300  D°,  W"  Wilson  (300  ret")  640  Craven,  Jno  Parker  155  D°, 
Peter  Mallard  160  Craven,  John  Calkins  440  N.  Hanover,  D"  200  D°, 
Jas  Minor  320  D°,  Rob'  Williams  640  Beaufort,  Ozborn  Jeffries  for  a 
resurvey,  Jno  Hodgson  312  Chowan,  Jacob  Odam  212  D",  D°  640  D°, 
Robert  Williams  350  Beaufort,  Simon  Alderson  420  D°,  Kellum  Ross 
640  Chowan     Granted 


COLONIAL  RECORDS.  343 


The  23''  February  1739     Present  His  Excellency  the  Goveriiunr 
rWill  Smith         Math  Rowan    ] 

T,,      TT     -II       R<»^J'  Halton       Edw''  Moseley     Esq"  Menihers    of 
ihe  Honol)le      .,,  ■„  ^  ^^  ■       ^  /-<         -i 

Eleazer  Allen     Roger  Moore     (  Council 

I  CuUen  Pollock  J 

Read  Sundry  Petitions  Viz' 

Nathaniel  Drapers  100  Beaufort,  Edmund  Peirce  190  D°,  John  Car- 
ruthers  300  Craven,  Jno  Riggs  640  D°,  Frcdric  Jones  2652  Craven,  W" 
Faris  640  N.  Hiyiover,  D°  350  Bladen     Granted 

Jno  Creels  for  a  resurvey 

Ordered  that  tiie  Surveyor  General  cause  200"°  to  be  resurveyed  for 
the  said  Creel  and  report  whether  the  same  runs  into  the  Lines  of  Edw'' 
Bryan. 

M"'  Sam  Swann  moved  in  behalf  of  the  late  M'  Ashes  children  that 
the  affair  of  the  Mill  Lauds  which  has  hanged  so  long  in  dispute  between 
the  Exec"  of  the  said  Ashe  and  of  Jerome  Rowan  Esq'  may  have  a  final 
hearing  and  Roger  Moore  Esq'  laying  a  Memorial  and  State  thereof  [be- 
fore] the  Court  and  the  same  being  read  by  the  Clerk,  It  was  ordered  that 
Patents  be  made  out  in  the  name  of  the  Executors  of  the  said  Ashe  for 
the  same  Land  for  which  the  said  Jerome  Rowan  had  Warrants  in  trust 
for  the  heirs  of  the  said  Ashe. 


The  first  of  March  1739. 

Present  His  Excellency  the  Governour 

(Will  Smith         Math  Rowan      ^    t^    „  nr      i  c 

J  Rnbt  W«ltn„       E-KV  ATn^pl.v     I  Escj 'Members  of 


The  Honoble^  Robt  Halton       Edw"  Moseley     .  ^,         .. 

(  Eleazer  Allen 

Read  Sundry  Petitions  Viz' 

Barnel  Evans  260  Edgcombe,  Jacob  D*  270  D",  Josiah  Jones  300 
Beaufort,  Jno  Brown  640  D",  Jane  Harris  160  D",  Tho  Lewis  150  Cra- 
ven, Jno  Williams  150  D°,  Timothys  Harris  400  Beaufort,  Abrah'  Bus- 
set  200  Craven,  Jas  McLewcan  530  D",  Jno  Fellows  400  D",  Simon 
Herring  629  Craven,  Theo  Williams  375  D",  Rich"  Byrd  250  D",  Jno 
Ratclif  300  D",  Rob'  Dunbar  200  D",  Howe!  Jones  50  D",  Jno  Beasley 
200  Craven,  Nesly  Mills  200  D°,  William  Smith  633  B',  Thos  Copland 
247  D",  Jno  Williams  150  D",  Job  Ives  300  D",  Christ"  Dn.Uey  150, 
Jno  Vernan  200  Craven,  Lewis  Fryar  300  D",  Benj"  Williams  140 
D",  Jno  D"  640  D",  Jos  Sessums  (268  ret")  300  Carteret,  Jas  Wain- 
wright  550  D",  Sam  Swearingham  640  Edgcombe,  Jabez  Spooner  300 
Onslow,  Jos  Calvert  292  Carteret,  D"  480  &  640  Onslow     Granted 


344  COLONIAL  KECOKLS. 


The  2'*  March     Present  as  before 

Read  the  Petition  of"  Jno  Brooks  setting  forth  that  lie  has  obtained 
the  Governours  Warrant  for  110  Acres  of  Land  in  Beaufort  Precinct 
that  the  Deputy  Surveyor  by  mistake  instead  of  N°  15  E  incerted  N°  15 
AV  pray  it  may  be  rectifyed. 

Ordered  that  the  alteration  as  prayed  be  endorsed  on  the  patent  64 
Patent  with  the  order  be  enrolled  in  the  Secretarys  Office 

Read  Sundry  Petitions  Viz' 

Isaac  Odams(550  ret*)  640  acres  Craven,  Edm''  Smithwick  100  Tyr- 
ril,  D°  300  D",  Sam  Smithwick  300  D°,  Geo  Linnington  640  Craven,  D° 
200  D°,  Math  Reasonover  200  D",  Rich*  Harris  320  Beaufort,  Dav 
Mead  for  a  resurvey  of  229  Bertie,  Robt  Cale  617  Craven,  James  Jones 
218  D°,  Jas  Clark  300  D",  Fran"  Nun  200  D°,  Jno  Catling  200  D",  Sam 
Wiggins  (575  ret")  640  Beaufort,  D°  160  D",  Will  Harris  640  Beaufort, 
Edw*  Collins  313  D",  Jno  Brown  553  D",  Sylven"  Pumphry  150  D", 
Pat  Lashly  200  Edgcombe,  Arth'  Whitehead  450  B",  W"  Fish  400  D°, 
Thos  Brown  200  D",  Jno  Span  640  Edgcombe,  Sol  Wood  200  Beaufort, 
Jno  Crew  300  Craven,  Nich"  Corbet  100  D",  Beuj^  Mathews  200  D°, 
D"  327  D°,  Hardy  Council  200  Beaufort,  W""  Fish  550  Edgcombe 
Mich  Lowber  for  a  resurvey     Granted 

Jos  John  Alston  for  a  resurvey  of  Land  of  Ja  Wilson,  on  the  W'  side 
of  Bennets  Creek  in  Chowan  Rich*  Carlton 

Jno  Jewels  for  a  resurvey  of  a  tract  of  land  near  Bath  town  late  his 
Fathers  and  the  Suplus  if  any     Granted 

The  3*  March     Present  as  before     Read  Sundry  Petitions  Viz' 

Henry  Chadwick  640  Craven,  Jno  Carron  400  D°,  Rich*  Spencer  100 
D",  Moses  Arnold  100  D°,  Henry  Bradley  (420  ret*)  500  D",  Thos  Jones 
100  D°,  Mich  Shelter  300  D°,  W"  Herritage  600  Craven,  D°  208  D°, 
George  Roberts  2,000  D",  Har  Hill  300  Beaufort,  Seth  Pilkington  320 
D",  David  Obrian  200  D" 

Thos  Bryan  junior  for  a  resurvey  of  a  tract  of  land  on  the  S"  side  of 
Tar  River  below  round  about  Swamp     Granted 

Read  the  Petition  of  Sundry  persons  Inhabitants  of  Edgcombe  pray- 
ing that  Col  William  Whitehead  may  be  removed  from  being  a  Justice 
of  the  Peace  and  Ranger  within  the  said  precinct  on  account  of  Sundry 
abuses  committed  by  the  said  Whitehead  in  the  Execution  and  under 
Colour  of  the  said  offices 

Ordered  that  Depositions  on  the  part  of  the  Complainants  be  taken 
before  the  Chief  Justice  at  next  General  Court  and  -that  Col.  Whitehead 
be  served  with  a  Copy  of  this  order  and  that  the  said  Deposition  be 
transmitted  to  the  Secretary  by  the  first  Tuesday  in  June  next 


COLONIAL  RECCJRD.S.  :54o 


March  S'"  1739     Present  as  before 

Deputies  from  the  Tiisoarora  Nation  addressed  his  Excellency  for 
leave  to  choose  a  King.  Granted,  and  Ordered  that  the  dav  of  Ellection 
be  the  third  Tuesday  in  June  next  at  Rehorsesky  and  that  the  said 
Indians  do  then  and  there  present  to  his  Excellency  for  his  approbation 
such  Person  as  they  shall  agree  upon  and  make  choice  for  their  King 

March  the  G""     Present  as  before 

Ordered  that  a  Commission  pass  the  Seal  constituting  and  ajijxjinting 
John  Hodgson  Esq"'  Judge  of  the  Admiralty  in  the  room  of  Edmund 
Poller  Esq'  deceased 

Upon  a  Complaint  Exhibited  against  Peter  ^V&st  Esq"  a  Justice  of  the 
Peace  in  the  County  of  Bertie  in  relation  to 

Ordered  that  the  Chief  Justice  and  such  other  of  his  Majestys  Council 
as  shall  be  at  Etlenton  next  General  Court  do  examine  into  the  same  and 
that  the  said  Peter  West  have  notice  to  attend 

Ordered  that  the  Attorney  General  prosecute  Col  Salley  for  some  scan- 
dalous Speeches  spoken  by  him  of  the  Goveruour  and  Col  Hunter  Viz' 
that  Col  Hunter  had  paid  all  the  powder  money  he  was  intrusted  with  by 
the  County  to  the  Governour 

Ordered  that  the  Secretary  traiismitt  a  Copy  of  all  the  Laws  passed 
this  present  Session  of  Assembly  to  the  General  Court  and  each  County 
Court  and  that  he  be  paid  out  of  the  Fund  for  defraying  the  Contingent 
Charges  of  Government  at  the  rate  of  7  J'*  Proclamation  money  per  sheet 
each  sheet  to  contain  ninety  words 

Pursuant  to  a  Clause  in  the  Q'  Rent  Act  for  rating  the  Currency  the 
Speaker  and  6  other  Members  of  the  House  of  Burgesses  waited  upon 
his  Excellency  in  Council  and  took  the  Oath  appointed  to  be  taken  pre- 
vious to  such  valuation  In  conjunction  with  whom  agreeable  to  the  said 
Act  His  Excellency  and  the  Council  with  the  Attorney  General  proceeded 
to  regulate  and  fix  the  Currency  and  to  determine  the  diiference  of  Ex- 
change the  same  that  should  be  observed  in  taking  his  Majestys  Quit 
Rents  and  it  was  resolved  by  the  Majority  that  the  true  Exchange  between 
the  Current  Bills  of  this  Province  and  Sterling  Money  was  as  10  is  to  1 
and  Proclamation  as  7i  is  to  one  And  therefore  it  Mas  Ordered  that  the 
Receiver  General  take  his  Majestys  Quit  Rents  at  that  Standard 

Ordered  that  a  new  Commission  of  the  Peace  issue  for  each  Countv 
within  this  Government  and  that  the  following  Persons  be  therein 
appointed  Justices  for  each  County  respectively  Viz' 

For  Curratuck — Joseph  Sanderson  Esq',  Isaac  Davis,  Stephen  Wil- 
liams,  Henry  White,  Thos  Neal,  Thos  Williams,  Henry  Gibbs,  I^ewis 
Jenkins,  Jrio  Etheridge,  Jno  Caroon,  W"  Mackv,  Jno  Woodhouse 
44 


346  COLONIAL  RECORDS. 


For  Pasquotank — Thos  Hiinley  Esq',  Gab  Bnrnham,  Oliver  Salter, 
Thos  Pendleton,  David  Bailey,  Jno  Nelson,  Jas  Graves,  W°  Relf,  Chas 
Sawyer,  W"  Bryan,  John  Relf,  Jas  George,  Jno  Boyd 

For  Perquimons — M°Rora  Scarbrough  Esq',  Tiios  Docktern,  Jno 
Stepney,  Jas  Sumner,  Jas  Sitterson,  Jas  Morgan  Jun',  Nath  Carrntliers, 
Jno  Whadbee,  Jno  Stevenson,  Clem'  Hall,  Jas  Sutton,  Thos  Weeks. 

For  Chowan — Jno  Montgomery  Esq',  Jas  Anderson,  Jno  Blount, 
John  Hodgson,  Thos  Garret,  W"  Luten,  Henderson  Luten,  ThosLnten, 
Jno  Alston,  Tho°  Blount,  Henry  Baker,  Jacob  Bottler 

For  Bertie— Benj  Hill  Esq',  Needham  Bryan,  W"  Cathcart,  W» 
Kenchen,  Peter  West,  Thos  Brian,  Thos  Hansford,  Rowland  Williams, 
Thos  Whitmel,  Jno  Prat,  Jas  Castellaw,  Jno  Dawson,  Jno  Edwards 

For  Edgecombe — Barn  McKinny  Esq',  Edw^  Buxton,  Jo  Jno  Alston, 
Jno  Speir,  Sam  Williams,  Jos  Cotton,  John  Pope,  David  Coltrane,  W"" 
Person,  Jas  Spier,  Thos  Kearney,  Jno  Hardy 

For  Tyrril— Cullen  Pollock  Esq',  Stephen  Lee,  W"  Wilson,  Edw* 
Philips,  William  Downing,  Jno  Swaine,  Thos  Leary,  Jno  Ford,  W" 
Gardner,  W™  Cannady,  Edw*  Smithwick,  Jas  Conner,  Sam  Spruil,  Jas 
Turball 

For  Beaufort — Robt  Turner  Esq',  S'  Richard  Everard,  Jno  Barrow, 
Jno  Freeman,  Jno  Snead,  W™  Ormond,  Isaac  Buck,  Abra  Erichet,  Jno 
Caldom,  Thos  Tyson,  Sim  Alderson,  Fra'  Delimare,  Geo  Moy,  Benj 
Peyton,  W"  Carruthers 

For  Hyde — Sam  Sinclar  Esq',  W""  Leirmont,  W"  Martin,  Jas  Tart, 
Jno  Smith,  W"  Barrow,  W"  C-ording,  Ezeck  Weeks,  Edw''  Hardley, 
W"  Harris 

For  Chowan — George  Roberts  Esq',  Fred"  Jones,  W"  Brice,  Jas 
McLewean,  Jno  Powel,  Jno  Slocumb,  Jno  Caruthers,  Jno  Bryan,  Dani 
Shine,  Jno  Simmons,  Jos  Hannis,  Thos  Person,  George  Lunnington,  W" 
Wilson,  Evan  Jones 

For  Carteret — Thos  Lovick  Esq',  Nich  Hunter,  Hope  Dexter,  Enoch 
Ward,  Thos  Austin,  Sam'  Chaddock,  W""  Wilkins,  Ar  Mabson,  David 
Shepperd,  Joseph  Wicker,  Ralpii  Eves,  Ja'  Bell  Jun',  Jos  Bell  Sen' 
Jas  Wenwright,  Chas  Cogdale 

For  Onslow — Sam  Johnston  Esq',  Jno  Dudley,  Thos  Fnll\A'ood,  Edw"* 
Marsburn,  Jas  Foyle,  Jno  Howard,  Jno  Starkey,  Sam  Jones,  Jno  Cox, 
Edw*  Howard,  Abr'  Mitchel,  Jno  King,  Jno  Tremain,  Geo  Bishop 

For  New  Hanover — Natli  Rice  Esq',  Jas  Murray,  Edw*  Moseley,  ^^'"' 
McRee,  W"  Dry,  Rob'  Halton,  Jno  Porter,  Man  Moore,  Jas  Innes,  R* 
Eagles,  Corn"  Harnet,  Math  Rowan,  John  Davis,  Sam  Johnston,  Jno 
Swain,  Sam  Woodwood,  Roger  Moore,  Jas  Hasel,  Eleaz'  Allen,  David 
Evans,  Thos  Clifford,  Edw*  Hyrne 


COLONIAL  RECORDS.  347 


For  Bladen — Math  Rowan,  Roger  Adams,  Sam  Jolinston,  W"  Forbes 
Thos  Lock,  Nath  Moore,  W"  Maxwel,  Jno  Clayton,  Ja  Lyon,  Jno 
Grange,  Griff  Jones,  Hugh  Blanning,  Sam!  Woodward,  Rob'  Hamilton, 
Jno  Davis. 

Ordered  that  pursuant  to  tiie  late  I^aw  appointing  Sheriffs  instead  of 
a  provost  Marshal  Commissions  issue  for  executing  the  OfKce  of  Sherifl' 

To  Thomas  Williams  for  Currituck,  W"  Bryan  for  Pasquotank,  Thos 
Weeks  for  Perquimons,  Thomas  Lalton  for  Chowan,  Jno.  Prat  for  Ber- 
tie, Thos.  Kearney  for  Edgcombe,  Jas  Conner  for  Tyrril,  W"  Ormond 
for  Beaufort,  W"  Harriss  for  Hyde,  W"  Wilson  for  Craven,  Sam  Chad- 
wie  for  Carteret,  .Jas  Foyle  for  Onslow,  Corn^  Harnet  for  New  Hanover, 
W"  Forbes  for  Bladen 


At  a  Council  held  at  Newton  the  5*  June  1739. 

Present  His  Hxcellency  the  Governour 
rpi     TT       1  1      /  Nath  Rice         Eleazer  Allen  \  Esq"  Members 
^''''^°""''^*'    \Rob'  Halton     Math  Rowan    J      of  Council 
Read  Sundry  Petitions  for  Patents  Viz' 

Jane  Husbands  for  320  Acres  in  New  Hanover,  George  Roberts  1,000 
Craven,  Jas  Murray  640  N.  Hanover 

Hugh  Blaning  for  a  resurvey  of  Land  opposite  to  where  he  lives 
Read  the  Petition  of  Robert  Walker  for  640"°     referred  to  Thursday 
Of  Thos  Clark  for  640     referre<l  to  Thursday 

June  6""  1739     Present  His  Excellency  the  Governour 

(  Robert  Halton     Eleazer  Allen  )     p    «  a, r      i 

The  Honoble.^  Math  Rowan       Edw^  Moseley  V    ^^^'|.  ('^|J|"j.if''^ 
(  Roger  Moore  j 

Read  the  following  Petitions  for  Patents  Viz' 

W""  Ford  for  a  resurvey  of  Virginia  Porters  Land  in  Bladen  to  Ascer- 
tain his  lines,  Granted;  Sam  Harring  for  547  Bertie  County,  Granted; 
Chas  Ratcliff  300  Onslow,  Granted  ;  Joseph  Reese  son  of  David  Reese 
deced  for  300  Acres  New  Hanover 

Ordered  Warrant  being  to  his  Fatiier  the  Patent  to  issue  to  the  heir 
at  Law 

Morgan  Morgan  320  above  Burgaw  New  Hanover 

Opposed  by  Col  Moseley  and  delayed  till  the  2''  Tuesday  in  July 

Nath  Rice  Esq'  300"°  New  Hanover,  Granted;  W»  Everit  300' 
Edgcombe,  Granted ;  Chas  Stevenson  for  a  resurvey,  Granted. 

ITpon  Mr  Forbes  Resignation  of  the  Sheriffs  office  and  his  Excellencys 
nomination  of  Mr  Jno  Clayton  It  is  Ordered  that  notice  be  given  to  Mr 
Clavton  to  provide  his  Security  and  that  a  Commission  do  accordingly 


348  COLONIAL  RECORDS. 


issue  appointing  him   Sheriff  of  Bladen   for  the  remaining  part  of  the 
two  years  agreeable  to  Law 

Ordered  that  the  former  order  on  John  Creels  Petition  be  made  out 

Adjourned  till 

4  O'clock  P.  M.     Present  His  Excellency  the  Governour 

TIL    TT       1 1    r  Edw''  Moseley      Rob'  Halton  1  Esq"  Members  of 
lheHonoble<  t5         at  }  r^        -i 

[  Roger  Moore  J  Council 

Read  the  following  Petitions 

John  Halley  200""  Edgcombe,  W"  White  300  Bladen,  Rob'  Forster 
300  Bertie,  W"  Eaton  640  Edgcomb,  Alex.  M°Culloch  100  N.  Han- 
over, D°  640  D°,  W""  Short  100  Bertie,  Thos  Kearney  300  Edgcoml)e, 
W"  Shorter  200  Bertie,  W»  Moore  640  D°,  Edw"  Dillon  640  Edgcombe, 
Sol  Alston  400  D°,  Edw"  Robertson  200  D°,  Flan  Arthur  Smith  350 
Bertie,  W"  Williamson  640  Edgcombe,  Jos  Step  400  Bertie,  Thos  Lane 
200  Edgcombe,  Thos  Avent  (400  ret")  350  Bertie,  Andrew  Burds  320 
N.  Hanover.     Granted. 

Ordered  that  Chas  Harrison  and  James  Minor  Esq"  be  added  as  Jus- 
tices to  the  Commission  of  the  Peace  for  New  Hanover  County 

The  7'"  June  1739.     Present  His  Excellency 

{Nath  Rice  Math  Rowan        )  xr    «  m      i         c 

Rob'  Halton       Edward  Moseley  V  ^^'^  (j^Jl^I^'if'"  " 
Eleazer  Allen     Roger  Moore        j 

Read  the  Petitions  of  Thomas  Clark  for  640  acres  on  Maxwells  Creek 
A  Caveat  being  entered  against  a  grant  passing  to  the  Petitioner  by 
Eleazer  Allen  Esq'  and  it  appearing  to  interfere  with  a  prior  Warrant 
to  Mr  Allen  and  that  the  said  Warrant  was  delivered  in  due  time  to  the 
Surveyor  It  was  the  opinion  of  the  Board  that  a  Patent  for  the  said 
Land  ought  to  issue  to  Mr  Allen  and  not  to  Mr  Clark  on  account  of  the 
Indirrection  and  Irregularity  of  the  return  to  the  apparent  prejudice  of 
the  said  Allen's  right 

And  accordingly  a  Patent  was  ordered  to  Mr  Allen  for  the  said  con- 
troverted Land 

Read  Sundry  Petitions  for  Patents  as  follows  Viz' 

Griffith  Jones  320"°  Bladen,  W"  Dean  100  Craven,  Rob'  Walker  640 
N.  Hanover,  Thos  Bell  500  D°,  Thos  Bryan  200  Bladen,  Jno  Bauldwin 
100  D°,  Henry  Roberts  640  Craven,  Jonathan  Swain  300  N.  Hanover, 
Roger  Adams  4,231  Bladen  (a  for""  plot  and  Warr'  cancelled).  Corn' 
Tyson  640  Beaufort,  W"  Faulks  500  Bertie,  Epenetus  Griffins  300  Tyr- 
ril,  Fran'  Hobsou  320  D°,  Marmadnke  Norfleet  200  Edgcombe,  Thos 
Nixon  500  N.  Hanover,  Jnt)  Jacksons  300  Edgcombe,  W"  Brown   160 


COLONIAL  RECORDS.  349 


D°,  Jno  Everet  (but  214  ret")  300  D°,  W"  Bryant  400  D°,  Jno  Doyle  640 
Beaufort,  Rioli*  James  640  N.  Hanover,  Jno  Spier  160  Edgeonihe,  W" 
Fari.s"640^\  Hanover,  Jno  Davis  640  Bladen,  Mar  Hull  640  X.  Han- 
over, Sam  Briclgen  640  D",  W"  Plverit  99  Edgeonilje,  Usher  P]s])y  300 
X.  Hanover,  W"  Reaves  400  Edgeombe,  Edw"  Brown  100  D°,  W"  Stan- 
ley 560  Craven,  Jno  Gatlin  300  D°,  Dan  Streen  480  D°,  Jno  Ealdom  500 
D°,  Edw"  Seot  500  N.  Hanover,  Sam  Taylor  400  Tyrril,  Peter  Cone  300 
D",  W"  Reeves  400  Eldgcombe,  Jno  Collins  550  Bertie,  Jas  Herbert  132 
Craven,  Christ"  Mercer  200  D°,  Jno  Seott  640  N.  Hanover,  Jno  Rouse 
190  Craven,  D°  300  D°,  Thos  Harolds  390  D",  Ja.s  Boon  200  D",  \V"' 
Goodmans  600  Tyrril,  Peter  Moreton  640  Onslow,  Thos  Beasley  250  D", 
Andrew  Bass  630  Craven,  Chas  Hopton  640  D°,  Rich  Johnston  300  D°, 
Henry  Owens  300  D°,  Martin  Fryar  175  D°,  W"  Storry  200  D°,  Rich 
Bass  400  D°,  Simon  Bright  640  D",  Joseph  Dawson  114  D°,  Wendle 
Blythe  139  D",  Jas  Boon  200  D°,  Rice  Price  200  D",  Isaac  Odams  100 
D",  Geo  Midi  Wolf  400  D",  M'"  Pate  195  D",  Jno  Harring  Senior  200 
D°,  Sara  Harring  Junior  320  D°,  Bradberr}-  Cock  100  Carteret,  George 
Bishop  190  Onslow,  Jas  Conner  160  Tyrril 

At  a  Council  held  at  Newton  the  8""  day  of  June  1739 
Present  his  Excellency 

!Rob'  Haltou     Roger  Moore   )  t^    rs  \r      i 
Elea//  Allen     Edw"  Moseley  }^''%  /^^^"'"'^frs 
Math  Rowan  '  j      "*  <^  ''""'■'' 

Upon  Application  of  Roger  Adams  Esq' 

Ordered  that  a  Patent  be  made  out  for  4,230  Acres  to  the  said  Adams 
according  to  a  return   now   made  by  the  Surveyor  General  instead  of 
3233  Acres  formerly  returned  and  granted  and   that  the  said   Grant  be 
null  and  the  said  return  accordingly  Cancelled 

Read  the  Petition  of  Rob'  Walker  for  640  acres  in  New  Hanover 

Read  the  Petition  of  Col  Maurice  Moore  for  a  resurvey  on  Lands  in 
N.  Hanover  County  and  that  he  may  have  tiie  surplus  if  any  which  is 
ordered 

Read  the  Petition  of  James  Portevint  praying  that  the  Surveyor  may 
resurvey  his  late  Warrants 

Read  Sundry  Petitions  Viz' 

Jno  Porter  Esq'  640  N.  Hanover,  Warrin  Baldurn  600  D°,  Jas  Tur- 
hite  100  Craven,  W"  Mayner  300  Onslow,  Jas  Minor  320  N.  Hanover, 
Jno  Taylor  400  D",  W"  Dry  640  N.  Hanover,  Abraliam  Odam  400 
Craven,  Jacob  Sellers  250  D",  Henry  Cooper  200  Bladen,  Ronalds  Hep- 
burn 640  D°,  R"  Mullington  200  D".     Granted 

Adjourned  to  4  P.  M. 


350  COLONIAL   RECORDS. 


June  8""  P.  M.     Present  His  Excellency  the  Governour 
rpi     TT       11/  Robt  Halton  Math  Rowan     \^  Esq"  Members 

\  Eleazer  Allen        Edw''  Moseley  J       of  Council 

A  Patent  of  Seth  Pilkington  being  produced  in  Court  tlie  Plot  of 
which  after  sealing  but  before  recording  having  been  torn  off  the  Secre- 
tary deferred  the  opinion  of  the  Governour  of  the  Council  whether  he 
might  record  tlie  same  without  the  plot  who  were  of  opinion  he  might 

Read  the  following  Petitions  for  Patents  Viz' 

John  Cahoon  300  Edgecombe,  John  Barker  300  D%  Ja.  Turner  300 
I>,  Moses  Colman  200  D%  Jno  Richards  300  Craven,  Jno  Howard  640 
Onslow,  Fran'  Grice  400  Edgecombe,  D°  350  D%  Jno  Mills  640  Beau- 
fort, Jos  Jno  Alston  300  Edgecombe,  W"  Kencdien  640  D°,  Lewis  Pei'ry 
300  D°,  Jno  Howard  640  Onslow,  George  Cooper  100  D°,  George  Stevens 
240  Edgecombe,  Josiah  Thomas  640  N.  Hanover,  Chas  Harrison  640  D° 

Man  Moore  for  a  resurvey  of  Sundry  tracts  on  the  Sound  in  New 
Hanover  by  patent  3500  Acres  and  the  Surplus  if  any     Granted 


At  a  Council  held  at  Newton  on  Wednesday  ll""  July  1739. 
Present  His  Excellency  the  Governour 
r  Rob'  Halton      ^ 
The  Honoble-<  Edw''  Moseley   VEsq"  Members  of  Council 
(^  Roger  Moore    j 
Read  the  following  Petitions  Viz' 

Rich*  Braswel  500"°  Craven,  Fran'  Bettis  640  Edgcombe,  Sam 
Sessums  640  D°,  W"  Hatcher  420  Edgcombe,  W"  Williams  640  D", 
Thos  Graves  for  a  resurvey  of  640  Craven     Granted 

Petition  of  Eleazer  Allen  on  behalf  of  Joseph  Wragg  of  South  Caro- 
lina Merchant  was  read  and  ordered  to  be  delayed 
Adjourned  Sine  Die 


At  a  Council  held  at  Newton  on  Saturday  22''  September  1739 
Present  His  Excellenc}'  the  Governour 
C  W"  Smith      1 
The  Honoble<  Nath  Rice       VEsq"  Members  of  Council 
(  Math  Rowan  j 
Read  the  following  Petitions  Viz' 

Philemon  Hawkins  100'°  Edgcombe,  Robt  House  75  Pasquatank, 
James  Porteviat  320  N.  Hanover,  Mary  Price  340  Edgcombe,  Andrew 
Nelly  for  a  resurvey  of  400,  Rob'  Potter  200  N.  Hanover,  Jonathan 
Dixon  100  D°,  Edw*  Jones  300  Edgcombe,  Ann  Morgan  for  a  resnrvey 
of  320  Onslow     Granted 


COLONIAL  RECORDS.  :]nl 


At  a  Council  held  at  Newbern  13  November  1739 

Present  His  Excellency 

T-i      tr       11/  N'ath  Rice         Math  Rowan     1  Esq"  Members  of 
ine  Honoble<  d  1 1  tr  u         it' 1    a  ivt      i       >  n         -i 

(  Rob'  Haiton     Law"  Moseley  J  Council 

Ordered  that  the  Assembly  be  prorogued  to  Thursday  the  IS""  Instant 
there  not  being  a  sufficient  number  of  Members  to  make  an  upper  House 
and  that  a  proclamation  issue  accordingly. 

Read  the  Petition  of  Tho.s  Jackson  for  a  Warrant  to  resurvey  a  tract 
of  Land  on  the  S°  side  of  Meherrin  Creek  in  Bertie  held  by  James  Ca.s- 
tellaw  for  six  hundred  and  forty  acres  as  also  another  tract  held  by  Eliza- 
beth Cheshire  on  Roanoak  in  the  said  County  praying  the  surjilusage  of 
both     Granted  only  as  to  the  resurvey 

Thursday  the  15*  November  1739     Present  as  before 
/  Will  Smith  and  \  ^    „ 
\    Eleazer  Allen    j  ^'^'^ 

His  Excellency  Vas  pleased  to  acquaint  the  Board  that  the  Assembly 
being  prorogued  to  this  Day  22  of  the  Members  of  the  lower  House 
waited  on  his  Excellency  to  inform  him  that  there  was  a  Majority  of  Bur- 
gesses arrived  in  town  that  23  had  met  together  in  obedience  to  his  Maj- 
esty's Writ  expecting  the  rest  would  have  joined  them  when  the  contrary 
returned  for  answer  by  3  of  the  said  23  who  carried  a  Message  to  them 
from  their  Body  purporting  their  desire  that  they  might  assemble  together 
in  order  to  form  a  House  that  they  Were  not  at  Leisure  that  afterwards 
one  of  the  said  23  left  them  also  so  that  4  out  of  26  were  aljsconded 
which  occasioned  that  they  could  not  make  a  House  the  Blame  thereof 
lying  entirely  at  their  Doors  who  had  so  absented  themselves  But  that 
they  desired  it  might  be  taken  notice  that  for  their  parts  thev  were  there 
upon  the  Spot  and  ready  to  do  tiieir  duty  And  then  His  Excellency 
demanded  the  opinion  of  the  Council  concerning  such  secession  who  after 
some  discourse  upon  the  subject  in  relation  to  the  point  of  Law  unani- 
mously agreed  that  a  Prorogation  would  be  the  best  Expedient  in  the 
present  Emergency  and  accordingly  advised  his  Excellency  to  prorogue 
the  Assembly  to  Monday  next 

Ordered  thereupon  that  a  Proclamation  issue  to  prorogue  the  Assembly 
to  Monday  the  19""  Instant 

Monday  the  19""     Present  as  before 

His  Excellency  was  pleased  to  observe  to  the  Board  that  on  Thursday 
last  several  Members  of  the  lower  House  of  Assembly  absenting  so  that 
there  could  be  no  lower  House  the  As.sembly  was  prorogued  to  this  dav 
and  that  now  such  a  number  have  likewise  withdrawn  themselves  as  to 


352  COLONIAL  RECORDS. 


prevent  making  a  honse — Whereupon  he  desired  the  opinion  and  advice 
of  the  Council 

Col  Moseley  proposed  further  prorogation  for  2  days. 

M'  Chief  Justice  took  notice  the  Assembly  had  been  already  pro- 
rogued twice  and  that  [no]  more  Members  have  assembled  the  Second 
time  than  before  that  the  Wind  is  against  those  other  Members  that  are 
ex])ected  from  Pasquotank  and  other  parts  thereabouts  so  that  there  is 
no  iikehood  of  making  a  House  if  it  should  be  Prorogued  and  that  they 
wore  they  to  set  the  end  of  his  Excellencys  calling  them  together  is  not 
like  to  be  answered  by  reason  of  the  Heats  and  Animosities  that  reign 
among  the  Members  whom  he  alledged  were  not  a  proper  Representative 
of  the  People  few  of  the  Electors  having  come  to  the  last  Election  by 
reason  a  former  Election  had  turned  out  so  ill  that  they  thought  it 
would  be  to  no  purpose  and  theref<jre  were  indifferent  who  were  sent 

That  he  thought  twas  lieneath  the  Dignity  of  the  other  part  of  the 
Legislature  to  wait  any  longer  for  a  lower  House  when  so  many  of  the 
Bm-gesses  have  contemptuously  withdrawn  themselves  that  for  these  Rea- 
sons he  was  for  a  Dissolution 

M'  Rowan  observed  that  the  Members  in  Town  did  as  good  as  say 
they  did  not  expect  Members  enou[gh]  would  come  to  make  a  House  and 
therefore  was  for  a  Prorogation  to  February  or  a  Dissolution  and  the 
question  being  put  whether  the  Assembly  should  be  prorogued  or  dis- 
solved the  Majority  was  for  a  Dissolution  and  accordingly  it  was  ordered 
that  the  Present  Assembly  be  Dissolved  and  that  a  Proclamation  issue 
to  that  effect 

Ordered  that  Writts  issue  for  a  new  Assembly  returnable  at  Newbern 
on  Tuesday  the  fifth  of  February  next  and  that  the  day  of  Election  be 
the  fifteenth  of  January  and  that  Proclamation  lie  made  accordingly 

At  a  Council  held  at  Newbern  Tuesday  20  November  1739 
Present  His  Excellency 
r  Will  Smith     Math  Rowan    ] 
The  Honoble<   Nath  Rice       Edw''  Moseley  >  Esq"  Members  of  Council 
(  Rob'  Haltou  "  j 

Read  sundry  Petitions  for  Patents  as  follows  Viz' 
Moses  Prescot  280  Beaufort,  Jos  Jno  Alston  500  Edgcombe,  Rob' 
Anderson  300  Tyrril,  D"  1)40  D°,  D°  300  D",  David  Andrews  96  Craven, 
Warren  Andrews  200  Tyrril,  Jn°  Bryant  400  Bertie,  Edw"  Boykin  100 
D°,  Edw"  Byrd  19S  D",  FAw"  Boykin  100  D°,  Edw"  Buxton  160  Edg- 
combe, W"  Bright  62  Craven,  Nevil  Bell  200  Carteret,  George  Carter 
200  Edgcoml>e,  Ant  Cox  .300  Craven,  Elias  Hodges  140  Edgcombe,  Jn" 
Hodges  300  D°,  Fran'  Hopton  200  D",  Rob'  Hays  600  Craven,  Jn"  Had- 


COLONIAL  UEC;OKD8.  353 


ler  400  D°,  Garrel  Hyman  200  D°,  George  Grahams  100  Craven,  P>aii' 
Grice  450  Edgcombe,  Tlio'  Guodnian  500  D°,  Nich'  Harper  87  D",  Artluir 
Jordan  150  Bertie,  Morgan  Morgan  320  N.  Hanover,  Wm.  Moor  300 
Bertie,  Jn°  Mathews  300  Craven,  Jas  McCwean  400  D",  W"  Piiipps 
150  Beaufort,  Edw"  Poor  540  Edgcombe,  D"  200  D°,  Jn"  Perrit  400  D°, 
Lewis  Johnson  100  Craven,  Cha  King  300  D",  Tho=  Kirby  300  D%  W" 
Cannady  320  Tyrril,  Jno  Lysles  300  Edgcombe,  Jos  Lane  200  D°,  Tho* 
Merrit,  400  D°,  Jno  Slad  200  Craven,  Andrew  Wallace  300  D",  Edw" 
Williams  300  D°,  W"  Wiggins  200  D",  Moses  Tilman  383  D°,  Sam  Can- 
nady 200  Edgcombe,  Tho°  C'arraway  379  Craven,  Jno  Dawson  320  Edg- 
combe, D"  250  D",  Francis  Dawson,  (300  Craven,  Nath  Draper  640  Beau- 
fort, Jno  Dawson  (188  ret")  185  Bertie,  D°  for  a  resurvey  (Jonas  Mer- 
ritts)  640  D",  Walter  Dinon  200  Beaufort,  Jno  Forbes  320  D°,  George 
Sweeting  200  Edgcombe  W"  Shackleford  500  Carteret,  Jno  Rainwater 
400  Edgcombe,  Sam  Williams  (300""  ret")  ^tOO  D°,  D"  200  D°,  Cliarles 
Smith  150  D°,  Richard  Warren  200  Beaufort,  Sam  Tyndal  370  D",  Tho' 
Salters  300  D°,  Jas  Swain  640  Tyrril,  Jno  Shacleford,  400  Carteret, 
Tho=  Stevens  300  Craven,  Franc'  Linskfield  300  D°,  (Jno  Bass  for  a  re- 
survey  of  a  tract  in  Edgcombe  between  tishing  C'reek  and  the  Swamp 
late  Jos  Lane  and  the  Surplus),  W"  Gardnier  for  a  resurvey  of  640  in 
Tyrrel  held  by  patent  passed  to  him  in  1730     Granted 

Read  the  petition  of  Math  Rowan  Esq'  praying  a  Patent  for  500  acres 
between  the  Lands  of  Morgan  Morgan  and  Thomas  Merrick  Survev 
returned  which  being  opposed  by  Col  Moseley  after  some  debate  it  was 
ordered  peremptorily  that  the  said  disjnite  which  has  now  depended  some 
Courts  be  determined  February  next  and  to  that  end  that  all  necessarv 
Papers  Ije  then  produced  at  this  place. 

Read  the  Petition  of  William  Smith  Esq'  for  a  Warrant  for  450 
Acres  S°  side  of  trent  below  the  mouth  of  Lime  Stone  branch  Warrant 
returned 

Ordered  that  Martin  Francks  tract  of  10,000  Acres  be  first  resur- 
veyed  and  another  tract  of  3,000  that  he  had  his  Excellencys  Warrant 
for  and  then  if  it  appears  that  the  said  Land  does  not  fall  within  that 
Survey  a  Patent  to  issue  as  prayed 

Mr  Caldom  petitioned  for  two  Patents  both  dated  16  December  1735 
to  be  altered  in  the  name  of  the  County  the  one  being  for  500*°  to 
Jacob  Blount  said  to  be  lying  in  Beaufort  whereas  it  should  be  Craven 
and  the  other  for  640  to  Churchill  Caldom  in  Craven  which  should  be 
Beaufort 

Ordered   that  they  are  altered  accordingly  and  this  order  endorsed 
upon  them  as  also  recorded  in  the  patent  Book     Granted 
45 


354  COLONIAL  RECORDS. 


21"  November  1739     Present  as  before 

Read  Sundry  Petitions  for  Patents  Viz' 

Thos  Bird  200  Bertie,  Thos  Tyson  450  Beaufort,  Frederick  Jones 
2239  Craven,  D°  413  D",  Jno  Smitli  400  Craven,  Jas  McCwean  640 
D°,  William  Brice  200  D°,  Jno  Hollingsworth  284  D°,  Stephen  Calvert 
200  D°,  Jno  Altherton  100  Craven,  Thos  Howard  100  D",  Jno  Williams 
300  D°,  Jno  Smith  300  D",  Peter  Prevat  390  Craven,  Thos  Carrold  300 
D°,  Charles  Wilks  200  D°,  Corn'  Tyson  640  Beaufort     Granted 

Ordered  that  no  Surveyor  Deputy  Surveyor  or  others  presume  to 
mark  trees  in  running  out  Lines  and  Surveying  Lands  without  an  order 
of  Council  where  there  has  been  no  lines  run  and  marked  before 

Ordered  nemine  contradiceiite  that  the  Chief  Justice  be  appointed 
publick  Treasurer  for  the  Northern  Counties  and  that  Security  be  taken 
as  the  law  directs  and  that  his  Commission  be  made  out  accordingly 

Read  the  Petition  of  Esther  O'Brian  for  a  patent  for  300°°  Warrant 
returned  being  in  the  name  of  her  late  Husband  George  Carter  Granted 
to  the  Heir  at  Law 

Read  Jno  Creel's  petition  for  a  tract  of  200°°  and  another  of  500°°  on 
tar  river  contested  by  Captain  Bryan 

Ordered  that  John  Barron  be  appointed  Sheritf  for  Beaufort 

Ordered  that  no  lands  lapsed  and  forfeited  in  consequence  of  the  Act 
of  Assembly  for  settling  his  Majesty's  Quit  Rents  shal  be  granted  till 
they  are  regularly  found  to  be  forfeited  after  Inquisition  and  return 
made  in  due  form  by  the  Escheator 

Ordered  that  all  necessary  papers  as  the  Wan-ant  for  Resurvey  former 
order  of  Court  or  Patent  to  Bryan  (if  any)  be  produced  next  Court  at 
this  place 

Read  the  Petition  of  Col  Turner  shewing  that  he  has  the  Kings  pat- 
ent for  640  Acres  on  the  S°  side  of  Pamplico  in  Beaufort  being  on  the 
W'  side  of  Nevil's  Creek  the  Courses  whereof  contained  no  more  than 
420  Acres  tho  the  plot  has  the  full  compliment  he  prays  the  courses  may 
be  made  agreeable  to  the  plot 

Ordered  that  the  I^and  be  resurveyed  and  that  Mr  Peyton  hav§  notice 
in  order  to  rectify  the  Courses  as  prayed 

Ordered  that  the  Secretary  make  out  a  Dedimus  for  Craven  for  the 
following  to  be  Justices  Viz' 

Jno  Masters,  Jno  Fonvielle,  Jno  Herring,  Jno  Smith 

D°  for  Beaufort — Thos  Williams,  Rowland  Porter  Finch,  Rich''  Evans, 
Josiah  Jones 

D"  for  Chowan — Abraham  Blackball,  Saban  Piumer 


COLONIAL  RECORDS.  3.5o 


22  November     Present  as  before. 

Read  the  Sundry  Petitions  for  Patents  Viz' 

Hngii  Stanilands  200  Craven,  Jno  Marsiiali  300  N.  Hanover,  Jere- 
miah Bigfurd  320  N.  Hanover 

Rich*  Lovit  for  a  resurvey  of  tiie  Plantation  whereon  lie  lives  on 
trent  river  in  Craven     Granted. 

The  23  November  1739     Present  His  Excellency  the  Governour 
,„.     TT       11       (  Nath  Rice     Rob'  Halton  "I  Esq"  Members 
rheHonoble    |  Math  Rowan  /     of  Council 

Read  Sundry  Petitions  for  Patents  as  follows. 

Edw"  M°Agrahs  400  Bertie,  Thos  Evans  400  D°,  George  Brewer  300 
D°,  Jno  Cox  300  Onslow,  W"  Lewis  200  N.  Hanover,  Rob'  Taylor  100 
Craven,  W"  Herritage  300  D°,  Lewis  Bryan  275  D",  Jno  Carroway  100 
D°     Granted. 


The  hon"" 


[B.  P.  R.  ().  Am:  and  W.  Ind;  Vols.  23  and  2.'j  ] 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

At  a  General  Assembly  begun  and  held  at  Newburn  on  Tuesday  the 

sixth  day  of  February  in  the  year  of  our  Lord  one  thousand  and  seven 

hundred  and  thirty  eight  [1739]  and  in  the  twelfth  year  of  His  Majes- 

tie's  reign. 

Present 

Nath  :  Rice         Math  :   Rowan 

Robert  Halton   Edw"*  Moseley 

Roger  Moor 

This  House  was  pleased  to  appoint  Edward  Moseley  and  Roger  Moor 
Esfi"  Members  of  this  Board  to  administer  the  Oaths  by  Law  appointed 
for  the  qualification  of  Publick  Officers,  to  the  severall  Members  of  the 
House  of  Burgesses. 

Then  the  House  adjourned  until  tomorrow  morning  at  ten  of  the  clock. 

Wednesday  the  seventh     The  House  met  according  to  Adjournment. 
Present  The  hon"'"  W"  Smith  Esq'^  President. 

Nath  :  Rice  Math  :  Rowan 

Rob'  Halton         Edw"  Moseley 

Eleaz:  Allen        Roger  Moore 
And  adjourned  untiU  tomorrow  morning  ten  of  the  clock. 


Esq"  Meml^ers  of  the 
Upper  House 


The  hon"" 


Klsq"  Members  of  the 
Upper  House. 


:lo6  COLONIAL  RECORDS. 


Tlie  li 


Esq"  Members  of  the 
Upper  House. 


Thursday  the  eighth.     The  House  met  according  to  adjournment. 

Present  The  lion"'  W"  Smith  Esq"  President. 

Nath  :  Rice  Math  :  Rowan 

Rob'  Hal  ton        Edw"  Moseley 

Eleaz :  Allen        Roger  Moor 

Cullen  Pollock. 

Then  His  Excellency  the  Governour  came  to  the  House  and  was 
jjleased  to  order  the  immediate  attendance  of  the  House  of  Burgesses. 
Who  accordingly  came 

Then  he  was  ])leased  to  direct  them  to  return  to  their  House  and  choose 
them  a  Speaker. 

Whereupon  they  returned  and  acquainted  His  Excellency  they  had 
choose  William  Downing  Esq"  their  Speaker,  and  presented  him  to  his 
Excellency  for  his  approbation. 

Then  his  Excellency  was  pleased  to  make  the  following  speech  to  both 
Houses  in  these  words  viz': 

Gentlemen  of  His  Majestie's  Council  and  of  the  House  of 

Burgesses. 

I  have  called  you  together  some  weeks  sooner  than  I  intended  because 
I  found  it  the  unanimous  desire  of  the  Inhabitants  of  all  ranks,  and 
would  willingly  make  the  inclinations  of  the  People  the  rule  of  my 
Administration,  whenever  I  can  do  it  by  methods  consistent  with  my 
Duty  to  the  King  &  my  own  honour. 

Gentlemen  of  the  House  of  Burgesses. 

I  hope  you  are  met  together  with  firm  resolutions  to  promote  the  pub- 
lick  good,  and  extinguish  those  divisions  and  animosities  which  have  so 
long  prevailed,  and  to  relieve  this  unhappy  Colony  from  those  Calami- 
ties it  has  so  long  groan'd  under. 

To  encourage  you  to  sett  about  this  in  the  most  effectuall  manner,  I 
shall  inform  you  that  all  those  disputes  concerning  the  Rights  and  Rev- 
enues of  the  Crown  which  have  been  carryed  on  with  so  much  warmth 
for  some  years  past  and  which  engross'd  the  attention  of  former  Assera- 
blys  are  now  fairly  stated  on  both  sides,  and  laid  before  His  Majesty, 
and  am  well  assured  will  speedily  be  determined  in  such  manner  as  to 
render  it  impossible  for  any  person  whatsoever  to  revive  for  the  future. 
So  that  there  is  nothing  now  to  prevent  you  from  applying  yourselves  to 
redress  those  real  undisputed  grievances  which  are  of  infinitely  greater 
consequence  than  any  of  those  about  which  so  much  noise  has  been 
lately  made. 


COJ.ONIAL  RECORDS. 


The  establishment  of  the  Publick  worsliip  of  Almighty  God,  as  it  is 
the  great  foiiiidation  of  the  happyiiess  of  society,  and  without  which  you 
cannot  expect  His  protection  deserves  your  earliest  care. 

That  in  such  a  wide  extendetl  Province  as  this  is  inhahitetl  by  British 
Subjects,  by  Persons  professing  themselves  Christians  there  slioulil  be  but 
two  Places  where  Divine  service  is  regularly  performed  is  really  scandal- 
ous it  is  a  reproach  peculiar  to  this  part  of  His  Majestie's  Dominions 
which  you  ought  to  remove  without  loss  of  time. 

Your  Laws  which  are  at  present  dispersed  in  a  few  obscure,  incorrect 
coppys  ought  to  be  carefully  revised,  and  printed  that  the  Magistrates 
may  have  a  more  plain  and  exact  notion  of  those  Laws  they  are  to  execute 
and  the  People  you  represent  may  be  better  acquainted  with  a  matter  on 
which  their  own,  and  their  Posteritys  lives  and  fortunes  so  much  depend. 

Your  Trade  Gentlemen  has  been  always  in  so  languishing  a  condition 
that  it  is  surprising  no  attempts  have  ever  been  made  to  setle  it  on  a  right 
bottom  and  the  poor  appearance  of  it  we  have  still  among  us,  seem  every 
day  to  decay. 

As  things  at  present  stand,  the  People  are  impoverish'd  and  yet  the 
Merchant  not  inriched,  the  Planter  gets  but  a  Trifle  for  the  fruits  of  all 
his  labours  and  the  Trader  not  capable  of  making  any  returns. 

It  is  highly  incumbent  on  you  Gentlemen  to  search  this  evil  to  the 
bottom,  and  not  to  suffer  yourselves  to  be  amused  with  superficial 
remedys. 

If  you  do  not  think  proper  to  give  effectual  encouragement  for  raising 
some  produce,  that  will  bear  a  price  in  British  markets  I  am  afraid  all 
your  other  endeavours  will  be  to  little  purpose. 

Your  imports  will  always  hold  a  proportion  to  your  exports,  and  if 
nothing  is  sent  abroad,  but  what  is  a  Di-ug  in  foreign  Marketts,  you  can 
bring  nothing  home  but  the  refuse  of  those  Marketts  and  that  at  an 
extravagant  Price  too. 

I  should  be  glad  Gentlemen  if  you  would  take  these  Subjects  into  your 
serious  consideration ;  you  would  soon  find  a  very  sensible  and  happy 
alteration,  both  in  Publick  Afliiirs  and  your  own  Private  fortunes,  if  the 
Assemblies  of  this  Province  would  employ  more  of  their  time  in  adjust- 
ing such  important  points  as  those  And  not  so  much  of  it  in  Matters  of 
less  moment  and  which  hath  hitherto  produced  nothing  but  a  great  deal 
of  unprofitable  strife  &  contention. 

Then  His  Excellency  was  pleased  to  leave  the  House. 

Then  the  House  was  pleased  to  appoint  Eleaz:  Allen,  Edw*  Moseley 
and  Roger  Moor  Esq"  a  Committee  to  answer  His  Excellency  the  Gov- 
ernoui's  speech. 

Then  the  House  adjourned  until  ;3  of  the  clock  in  the  afternoon. 


358  COLONIAL  RECORDS. 


The  hon"» 


Esq"  Members 

of  tlie 
Upper  House 


Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"''  W"  Smith  Esq"  President. 
Nath  :  Rice         Math :  Rowan 
Rob'  Halton      Edw"  Moseley 
Eieaz  :  Allen      Roger  Moor 
Cullen  Pollock 

M'  Allen  from  the  CJommittee  appointed  reported  the  Address  of  the 
Board  to  the  Governour's  Speech. 

Which  was  accordingly  read  in  tlieae  words  viz' 
To  his  Excellency  Gabriel  Johnston  Esq"  Captain  General  and  (lovern- 

our  in  Chief  of  His  Maj'"°''  Province  of  North  Carolina. 
The  humble  Address  of  His  Majestie's  Council  of  North  Carolina  now 

met  in  General  Assembly. 

We  the  King's  most  dutyfull  and  loyal  subjects  the  General  Assembly 
of  North  Carolina  return  your  Excellency  our  hearty  thanks  for  your 
Speech  made  at  the  Opening  of  this  Session  of  Assembly,  We  are  of 
opinion  with  your  Excellency  that  the  Establishment  of  the  worship  of 
Almighty  God  in  this  Province  merits  our  chiefest  care. 

We  shall  therefore  apply  ourselves  to  consider  the  most  proper  methods, 
to  make  farther  provision  for  the  maintaining  of  an  ortliodox  clergy 
among  us.  Next  to  this.  Your  Excellency  wisely  judges  that  the  Trade 
of  this  Province  deserves  our  greatest  attention,  we  are  very  sensible  of 
the  many  disadvantages  this  Province  lyes  under  in  this  point,  and  we 
cannot  say  that  former  Assemblys  have  been  wanting  in  their  endeavoure 
to  promote  our  Trade,  tho'  they  have  prov'd  fruitless.  Notwithstanding 
our  best  endeavours  shall  not  be  wanting  to  aford  such  a  reliefe  as  so 
great  an  Affair  deserves. 

Your  Excellency  has  very  justly  observed  the  necessity  of  reviseing 
and  printing  the  Laws  of  this  Province,  we  propose  to  take  the  same 
under  our  consideration,  and  to  direct  the  printing  of  them,  when  they 
shall  have  passed  a  revisal ;  whereby  the  Magistrates  may  become  more 
sensible  of  their  duty  and  the  People  of  this  Province  better  acquainted 
with  what  so  nearly  concerns  them. 

We  are  very  sorry  there  have  been  any  Occasion  for  tiie  heats  and 
uneasinesses  which  have  happened  in  this  Province,  but  since  your  Ex- 
cellency assures  us  that  there  is  an  end  likely  to  be  put  to  them,  by  his 
most  gracious  Majesties  interposing  liis  Authority,  we  shall  readily  con- 
sider the  things  which  your  Excellency  lias  recommended  without  any 
heat  or  unnecessary  delay,  the  Members  of  this  House  being  met  witli 
a  firm  resolution  of  doing  everything  in  their  power  that  they  conceive 
may  be  for  his  Majestie's  interest  and  the  welfare  and  happyness  of  this 
Province 


COLONIAL  RECORDH.  :i5y 


Which  the  House  approved  of  and  ordered  to  be  engross'd. 

Then  the  House  adjourned  untill  to  morrow  morning  ten  of  the  clock. 

Fryday  the  ninth     The  House  met  according  to  Adjournment. 
Present  The  hon"'"  William  Smith  Esq"  President. 

f  Nath  :  Rice         Math  :  Rowan    "j    -^^  „  Members 
rpu    1      Me       K'>b'  Halton       Edw*  Moseley  ''^    ^  +1 

The  lion"'       c-,  ■■■  r.  at  (  O'  t"^ 

Eleaz :  Allen      Roger  Moor  jj  tj 

[  Cullen  Pollock.  J    ^PPei'  House 

The  hon""  Robert  Halton,  Eleaz:  Allen,  Roger  Moor  Esq"  are 
appointed  by  this  Board  to  waite  upon  his  Excellency  to  know  when  he 
would  be  pleased,  the  House  should  waite  upon  him  with  their  Address. 

Who  immediately  returned  and  reported  that  His  Excellency  gave  for 
answer — As  soon  as  they  pleased. 

Whereupon  the  House  forthwith  waited  ujwn  his  Excellency  with 
Address. 

Then  M'  President  read  the  same  to  his  Excellency.  And  his  Excel- 
lency was  pleased  to  return  thanks  to  the  House  for  the  same. 

Whereupon  they  returned  to  the  House. 

Then  Sir  Richard  Everard  and  Benj  :  Peyton  brought  up  the  follow- 
ing message  from  the  Lower  House  in  these  words  viz' 

May  it  pi>ease  your  Honours, 

This  House  having  occasion  to  call  upon  John  Carter  a  Deputy  Mar- 
shall to  attend  us  upon  a  controverted  election  the  said  Carter  sent  a 
very  abusive  and  saucy  answer  to  our  House,  and  the  House  since  under- 
standing the  said  Carter  to  be  a  servant  in  attendance  on  your  Honours 
We  pray  that  your  Honours  will  dii-ect  the  said  Carter  to  attend  our 
House  to  answer  the  said  contempt,  that  proper  measures  may  be  taken 
with  him  for  the  same. 

On  reading  the  same  this  House  was  pleased  to  send  the  following- 
Answer  viz' 

M''  Speaker  &  Centlemen, 

In  answer  to  your  message  relateing  to  Carter  and  the  abuse  oti'ered 
by  him,  to  your  House  as  we  can  make  no  Dispute  of  the  matter  of  fact 
and  he  being  a  Servant  of  Ours  we  are  willing  to  give  you  any  satisfac- 
tion the  nature  of  the  thing  requires,  but  cannot  consent  to  the  sending 
him  to  you  for  punishment,  because  we  take  it  to  be  the  undoubted  right 
of  either  House  to  punish  their  own  Officers,  to  preserve  therefore,  the 
good  harmony,  we  hope  will  always,  subsist  between  us  We  have  ordered 
Carter  to  wait  on  you,  &  ask  pardon  for  his  offence  on  his  knees. 

Then  the  House  adjourned  until  3  o'clock  in  the  afternoon. 


360 


COLONIAL  RECORDS. 


The  11011""= 


Membei-s 
uf  the 
Upper  Hoii.se 


Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"''  William  Smith  Esq"=  President. 
Nath.  Rice         Math  Rowan     I  p    „ 
Rob'  Haltoii      Edw"  Moseley  I  ^*^ 
Eleaz:  Allen     Roger  Moor 
Cullen  Pollock 

M'  Benj  :  Hill  &  M"  John  Swan  brought  up  the  following  Mes.sages. 
May  it  please  your  Hon" 

As  this  House  conceives  it  to  be  the  undoubted  right  of  the  House  to 
punish  all  persons  for  Offences  committed  against  them  at  their  own  dis- 
cretion Notwithstanding  the  House  being  willing  to  avoid  any  Dispute 
with  the  Upper  House  at  this  time  on  that  head,  have  ordered  the  said 
Carter  to  ask  pardon  on  his  knees,  for  the  Offence,  and  that  M"'  Speaker 
reprimand  him. 
May  it  please  your  Hon" 

This  House  having  appointed  a  Committee  to  joyn  such  members  of 
your  House  as  your  Hon"  shall  think  proper  to  draw  and  prepare  a  Bill 
for  the  paym'  of  His  Majesties  quit  rents,  and  this  House  having  ap- 
pointed another  Committee  to  joyu  such  of  your  House  as  your  Honours 
shall  think  proper,  for  receiving  and  setling  the  claims  of  the  said 
Province  for  Publick  Services,  are  ready  to  proceed  on  the  said  Business. 

To  which  this  House  was  pleased  to  send  the  following  answer  Viz' 
M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  by  M'  Hill  and  M"  Swan  We  have  ap- 
pointed M'  Allen,  Coll :  Moseley  and  Coll:  Pollock  a  Committee  of  your 
House,  on  the  Bill  for  His  Majesties  quit  rent  and  Coll.  Halton  and  M' 
Rowan  on  settling  the  claims,  who  will  be  ready  tomorrow  morning. 

Then  the  House  adjourned   until  tomorrow  morning  10  of  the  Clock. 

Saturday  the  tenth.     The  House  met  according  to  adjournment. 
Present  The  hon"'  William  Smith  Esq"  President 
Nath  Rice         Math  Rowan 
Rob'  Halton     Edw*"  Moseley 
Eleaz  :  Allen      Roger  Moore 
Cullen  Pollock 
AikI  adjourned  until  three  O'tlie  clock  in  the  Afternoon 
Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  lion'"'''  William  Smith  Esq'^  President 
Nath  Rice         Math  Rowan 
Rol)'  Haltt)n     Edw"  Moseley 
Eleaz  :  Allen     Roger  Moore 
Cullen  Pollock 
And  adjourned  until  Monday  morning  ten  of  the  Clock. 


The  hon'' 


The  hon"" 


P]sq"  Members 

of  the 
Upper  House 


Esq"  Members 

of  the 
ITpper  House 


COLONIAL  RECORDS. 


361 


Monday  the  twelfth     The  House  met  according  to  Adjoiirnnicnt. 
Present  The  hon*"''  William  Smith  Esq"  President. 


The  hon"'' 


Rob'  Halton 
Eleaz :  Allen 
Math  Rowan 


Edw''  Moseley 
Roger  Moore 
Cullen  Pollock 


Esq"  Members 

of  the 
Upper  House 


And  adjourned  until  three  of  the  clock  in  the  Afternoon 

Post  Merid"     The  House  met  according  to  adjournment. 
Present  The  hon"»  William  Smith  Esq"  President. 


The  hon*- 


Rob'  Halton 
Eleaz :  Allen 
Math  Rowan 


Edw*  Moseley 
Roger  Moore 
Cullen  Pollock 


Esq"  Memijers 

of  the 
Upper  House 


And  adjourned  until  to  morrow  morning  ten  of  the  clock. 

Tuesday  the  thirteenth     The  House  met  according  to  Adjournment. 
Present  The  hon*"  William  Smith  Esq"  President. 

Rob'  Halton         Edw''  Moseley       Esq"  Members 
The  lion"°     Eleaz:  Allen        Roger  Moore  of  the 

Math :  Rowan      Cullen  Pollock       Upper  House 
M'  Blunt  &  M'  Butler  Brought  up  a  Bill  for  an  Act  for  facilitating 
the  navigation  of  the  severall  Ports  in  this  Province  and  for  buoying 
and  beaconing  the  Channels  leading  from  Occacock  Inlet  to  Edenton, 
Bath  Town  and  Newbern,  and  from  Topsail  Inlet  to  Beaufort  Town, 
and  for  providing  Pilots  for  the  safe  conduct  of  Vessells. 
In  the  Lower  House  read  the  first  time  and  pass'd. 
Then  the  House  adjourned  untill  three  of  the  clock  in  the  afternoon. 


Post  Merid"     The  House  met  according  to  Adjournment. 
The  hon"'"  William  Smith  Esq"  President 


Present 


Esq"  Members 

of  the 

Upper  House 


Rob'  Halton  Edw''  Moseley 

The  hon""     Eleaz:  Allen        Roger  Moor  " 
Math  :  Rowan      Cullen  Pollock. 
Read  the  Bill  for  an  Act  for  facilitating  the  navigation  of  the  severall 
Ports  of  this  Province. 

And  ordered  to  lye  upon  the  Table. 

Then  the  House  adjourned  until  to  morrow  morning  10  of  the  clock. 

Wednesday  the  fourteenth     The   House  met  according  to  Adjourn- 
ment.    Present.  The  hon*"''  William  Smith  Esq"  President. 

Rob'  Halton  Edw*  Moseley        Esq"  Members 

The  hon"'     Eleaz :  Allen        Roger  Moor  of  the 

Math :  Rowan      Cullen  Pollock.       Upper  House. 
Sir  Richard  Everard  &  M'  John  Swan,  Brought  up  the  following 
messages. 

46 


362 


COLONIAL  RECORDS. 


May  it  please  your  Hon" 

This  House  having  appointed  a  Committee,  to  joyn  tliose  Members 
of  your  House  as  your  Honours  thought  proper,  for  setling  the  publick 
Accounts,  are  ready  to  proceed  on  the  said  Business. 

Sir  Richard  Everard  &  M'  John  Swan  also  Brought  up  the  following 
Bill  viz' 

A  Bill  for  an  Act  appointing  Sheriffs  in  the  room  of  Marshalls  in 
each  Precinct  of  this  Province,  and  for  prescribing  the  method  of  ap- 
pointing them,  &  limiting  the  time  of  their  continuance  in  Office  and 
directing  their  Duty  therein. 

In  the  Lower  House  read  the  first  time  and  pass'd. 

In  this  House  read  &  Ord*  to  lye  upon  the  Table. 

Then  the  House  adjourned  until  3.  of  the  clock  in  the  Afternoon 

Post  Merid".  The  House  met  according  to  adjournment.  Present. 
The  hon"''  William  Smith  Esq"  President 


The  hou'' 


Rob'  Halton 
Eleaz :  Allen 
Math:  Rowan 


Edw''  Moseley 
Roger  Moor 
Cullen  Pollock. 


Esq"  Members 

of  the 
Upper  House 


And  adjourned  till  to  morrow  morning  ten  of  the  clock 


Thursday  the  fifteenth     The  House  met  according  to  Adjournment. 

Present.     The  hon"'"  W"  Smitli  Esq"  President 

Robert  Halton  Edw"  Moseley 
The  hon""     Eleaz  :   Allen        Roger  Moor  ' 

Math  :  Rowan  Cullen  Pollock 
And  adjourned  until  3  o'  the  clock  in  the  Afternoon 


Esq"  Members  of  the 
Upper  House 


Esq"  Meml:)ers  of  th^ 
Upper  House 


Post  Merid"     The  House  met  according  to  Adjournmeut. 
Present  The  hon"'"  W""  Smith  Esq"  President. 
Robert  Halton     Edw"  Moseley 
The  hoii'"'''     Eleaz :  Allen        Roger  Moor  " 
Math  :  Rowan     Cullen  Pollock 
Sir   Richard    Everard  &  W'  Montgomery  Brought  up  a  Bill  for  an 
Act  for  providing  His  Majesty  a  rent  roll   for  securing  His  Majesty's 
Quit  rents  and  for  quieting  the  Inhabitants  in  their  possession,  and  for 
better  settlement  of  His  Majesty's  Province  of  North  Carolina. 
In  the  Lower  House  read  the  first  time  and  passed. 
In  this  House  read  and  Ordered  to  lye  upon  the  Table. 
This    House    was    pleased  to  appoint   the    hon'''^   Eleaz :  Allen   and 
Roger  Moor  Esq"  a  Committee  of  Our  House  to  finish  the  settlement  of 
the  Publick  Accounts,  and  Ordered  the  following  Message  be  sent  viz' 


COLONIAL  RECORDS.  36:3 


M'  Speaker  &  Gentlemen, 

Eleazer  Allen  and  Roger  Moor  Esq"  are  appointed  by  this  House,  to 
joyn  your  Committee  to  inspect  into  the  Publick  Accounts. 

Read  the  Bill  for  an  Act  for  facilitating  the  Navigation  of  the 
severall  Ports  in  this  Province 

The  first  time  and  passed  witii  Amendments. 

Read  the  Bill  for  an  Act  for  appointing  Sheriifs  &c.  The  first  time 
and  passed 

M''  Lovick  &  Mr.  Starkey  Brought  up  a  Bill  for  an  Act  to  erect  a 
sufficient  Goal,  and  an  Office  or  Place  for  safe  Keeping  the  Records  of 
the  General  Court,  and  for  repairing  the  Court  House  at  Edenton,  and 
for  other  Purposes  therein  mentioned. 

In  the  Lower  House  read  the  first  time  and  passed. 

M'  Sinclare  &  M'  Dawson  Brought  up  the  following  Bills  viz' 

A  Bill  for  an  Act  for  Encouragement  &  better  regulation  of  the  Town 
of  Edenton. 

A  Bill  for  an  Act  to  prevent  killing  Deer  at  unseasonable  times. 

A  Bill  for  an  Act  for  finisliing  the  Court  House  aud  Prison  of  Ons- 
low County. 

A  Bill  for  an  Act  for  destroying  Vermin  in  this  Province. 

A  Bill  for  an  Act  to  aj)point  that  part  of  Bertie  Precinct  lying  on  the 
South  side  of  Rhoanoke  river,  be  a  distinct  Precinct  &  Parisli  by  the 
name  of  Edgcomb  Precinct  and  Parish. 

A  Bill  for  an  Act  to  prevent  injurys  being  done  by  killing  mismark- 
ing  &  driving  away  Peoples  stocks. 

In  the  Lower  House  Read  the  aforesaid  Bills  &  pass'd. 

Then  the  House  adjourned  until  tomorrow  morning  Ten  of  the  Clock. 


Fryday  the  sixteenth     The  House  met  according  to  Adjournment 
Present  The  hon"'  William  Smith  Esq"  President. 
Robert  Halton     Edw'*  Moseley 
The  hon"*     Eleaz :  Allen        Roger  Moor  ' 
Math:  Rowan      CuUen  Pollock 
Read  the  Quit  Rent  Bill  The  first  time  and  passed  with  Amendments 
Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 


Esq"  Members  of  the 
Upper  House. 


Post  Merid"     The  House  met  according  to  Adjom-nment. 

Present  the  hon"'  William  Smith  Esq"  President 

Rob'  Halton  Edw''  Moseley 

The  lion"''     Eleaz :  Allen  Roger  Moor 

Math  :  Rowan       Cullen  Pollock 
The  Quit  Rent  Bill  sent  down 


Esq"  Members  of  the 
Upper  House 


564 


COLONIAL  RECORDS. 


Read  the  Bill  for  an  Act  for  finishing  the  Court  House  &  Prison  in 
Onslow  Precinct. 

Ordered  to  lye  upon  the  Table. 

The  Bill  for  destroying  of  Vermin 

The  Bill  to  prevent  killing  Deer 

The  Bill  to  prevent  killing  of  Cattle 

The  Bill  for  erecting  a  Goal  &  Office  at  Edenton 

The  Bill  for  encouragement  of  the  Town  of  Edenton 

Read  the  aforesaid  Bills  the  first  time  and  passed. 

Read  the  Bill  appointing  part  of  Bertie  a  Precinct  &  Parish  &  Ordered 
to  lye  upon  the  Table 

M'  Starkey  &  M'  Lee  Brought  up  the  two  following  Bills  viz' 

A  Bill  declareing  what  shall  be  deemed  a  sufficient  cultivation  of  Lands 
already  granted,  and  hereafter  to  be  granted  by  His  Majesty,  and  for 
ascertaining  the  method  of  granting  lapsed  Lands. 

A  Bill  for  an  Act  for  better  support  of  the  Clergy. 

In  the  Lower  House  Read  the  aforesaid  Bills  the  first  time  and  passed. 

Then  the  House  adjourned  untill  to  morrow  morning  ten  o'  the  Clock. 

Saturday  the  seventeenth     The  House  met  according  to  adjournment. 
Present  The  hon""  William  Smith  Esq"  President 
Rob'  Halton        Edw'*  Moseley 
The  lion''''     Eleaz :  Allen       Roger  Moor 

Math :  Rowan      Cullen  Pollock 
Then  the  House  adjourned  untill  three  o'  the  Clock  in  the  afternoon. 


Esq"  Members  of  the 
Upper  House. 


Esq"  Members  of  the 
Upper  House 


Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon'''"  William  Smith  Esq"  President. 
Rob'  Halton         Edw*  Moseley 
The  hon"°     Eleaz  :  Allen        Roger  Moor 

Math:  Rowan      Cullen  Pollock 
M'  Starkey  &  M"^  Lee  Brought  up  a  Bill  for  an  Act  for  appointing 
a  Town  on  the  Plantation  whereon  William  Webster  now  dwelleth  in 
Hide  Pi-ecinct  on  tlie  West  side  of  Machapungo  River. 
In  the  Lower  House  Read  the  first  time  and  passed. 
M"'  Hodgson  &  M'  Lee  Brought  up  the  Navigation  Bill. 
In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

Then  the  House  adjourned  until  Monday  morning  10  o'  the  Clock. 

Monday  the  nineteenth.     The  House  met  according  to  adjournment. 
Present  Tlie  hon'"''  William  Smith  Esq"  President. 
Rob'  Halton      Edw'^  Moseley 
The  lion""     Eleaz :  Allen      Roger  Moor  " 
Math.  Rowan    Cullen  Pollock 


Esq"  Members  of  the 
Upper  House. 


COLONIAL  RECORDS.  366 


M'  Peyton  &  M'  Wilson  Brought  up  the  Sheriffs  Bill 
In  the  Lower  House  Read  the  second  time  and  passed  with  amend- 
ments. 

The  Cultavation  Bill 

The  Bill  appointing  a  Town  on  Webster's  Plantation 

Read  the  first  time  and  passed. 

Then  tiie  House  adjourned  untill  three  of  the  clock  in  the  afternoon. 


Esq"  Members  of  the 
Upper  House 


Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon""''  William  Smith  Esq'*  President 
Robt  Halton     Edw"  Moseley 

The  hon"*     Eleaz  :  Allen     Roger  Moor " 
Math  :  Rowan  Cullen  Pollock 

M"  Hodgson  &  M''  Anderson  Brought  up  the  following  Bills 

The  Bill  for  erecting  a  Goal  &  Office  at  Edenton 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

A  Bill  for  an  Act  for  appointing  Circuit  Courts  and  for  enlarging  tiie 
power  of  the  County  Courts. 

lu  the  Lower  House  Read  the  first  time  and  passed. 

M'  Peyton  &  M''  Wilson  Brought   up  The  Bill  for  the  better  regula- 
tion of  Edenton. 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

Then  the  House  adjourned  until  tomorrow  morning  ten  of  the  clock. 


Esq"  Members  of  the 
Upper  House 


Tuesday  the  twentieth     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 
Rob'  Halton      Edw"  Moseley 

The  hon""     Eleaz  :  Allen     Roger  Moor  " 
Math  :  Rowan   Cullen  Pollock 

M'  Loyick  &  M"'  Mabson  Brought  up  a  Bill  for  an  Act  for  easeing  the 
Inhabitants,  of  that  part  of  Craven  Precinct,  that  lyes  on  the  East  side 
of  Clubfords  Creek  on  the  south  side  of  Neuse  river,  to  the  mouth 
thereof  and  for  adding  them  to,  and  thereby  enlarging  the  Precinct  of 
Carteret. 

In  the  Lower  House  Read  the  first  time  and  passed. 

Tlie  Sheriffs  Bill  Read  the  second  time  and  passed. 

The  Circuit  Bill  Read  the  first  time  and  passed. 

The  Bill  for  the  Enlargement  of  Carteret  Read  &  Ordered  to  lye  upon 
the  Table. 

Sir  Rich''  Everard  &  M'  Peyton  Brought  up  a  Bill  for  an  Act  for  the 
encouragement  of  making  of  Indigo. 


366  COLONIAL  RECORDS. 


In  the  Lower  House  Read  the  first  time  and  passed. 
In  this  House  Read  &  Ordered  to  lye  upon  the  Table. 
M'  Forbes  &  M'  Moore,  Brought  up  the  Quit  Rent  Bill 
In  the  Lower  House  Read  the  second  time  and   passed  with  amend- 
ments. 

Then  the  House  adjourned  until  three  o'  the  dock  in  the  Afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present  the  hon*"''  William  Smitli  Esq"  President 


The  hon" 


Rob'  Halton     Edw"  Moseley 

Eleaz:  Allen     CuUen  Pollock 

Math :  Rowan 


Esq"  Members 

of  the 
Upper  House 


Then  the  House  adjourned  untill  to  morrow  morning  Ten  o'  the  Clock. 

Wednesday  the  Twenty  first.  The  House  met  according  to  adjourn- 
ment. 

Present  the  hon"'  William  Smith  Esq"  President. 

Rob'  Halton      Edw*  Moseley      Esq"  Members 
The  hon'''^     Eleaz :  Allen      Roger  Moor  of  the 

Math  Rowan     Cullen  Pollock      Upper  House. 

M'  Maurice  Moore  &  M''  John  Swan  Brought  up  the  Sherifls  Bill. 

In  the  Lower  House  Read  the  third  time  and  passed  with  Amend- 
ments. 

M'  Sinclare  &  M"  Blount,  Brought  up  the  Bill  for  appointing  a  Town 
on  Websters  Plantation. 

In  the  Lower  House  Read  the  second  time  and  passed. 

M'  Smithick  &  M"'  Lee,  Brought  up  the  Cultavation  Bill. 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

M"'  Moore  and  M'  Joln"i  Swan,  brought  up  the  Vermin  bill. 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

M'  Moore  &  M'  John  Swan,  Brought  up  a  Bill  for  an  Act  for  the 
better  ascertaining  the  fees  of  the  several  Officers  within  this  Province. 

In  the  Lower  House  Read  tiie  first  time  and  passed. 

M'  Spruil  &  M''  Rigby,  Brought  up  a  Bill  for  an  Act  for  the  effectual 
establishing  a  Publiek  Ferry  from  Bath  Town  to  Core  Point  and  for 
preventing  any  other  Ferry  within  ten  miles  of  the  said  Bath  Town  on 
the  same  side  of  the  river. 

In  the  Lower  House  Read  the  first  time  and  passed. 

M'  Bryan  &  M'  Weeks,  Brought  up  a  Petition  preferr'd  by  George 
Linniton,  praying  that  a  Bounty  may  be  given  him  for  the  encourage- 
ment of  raising  of  Indigo. 


COLONIAL  RECORDS.  367 


Sir  Rich^  Everard  &  Col :  Forbes,  Brought  up  the  following  Message. 

May  it  please  your  Hon" 

It  is  the  Resolution  of  this  House,  that  all  Persons  who  have  any  of 
the  Publiek  Bills  of  this  Province  in  their  hands,  made  in  the  year  one 
thousand  seven  hundred  &  twenty  nine  if  they  do  not  appear  at  Newbern 
Town  on  or  before  the  twenty  fourth  of  this  instant  February,  and  apply 
to  the  Commissioners  appointed  for  exchangeing  the  said  Bills  to  have 
such  Bills  exchanged,  and  that  they  be  precluded  from  the  lienefitt  of 
exchangeing  them  hereafter  and  that  the  Commis"  appointed  for  exchange- 
ing the  said  Bills,  do  destroy  those  Bills  they  have  already  exchanged  by 
burning  them. 

M'  Simon  Bryan  &  M'  William  Bryan  Brought  up  the  following 
Message 

May  it  please  your  Hon" 

In  the  Bill  for  ascertaining  the  Officers'  Fees  in  this  Province,  the 
Collector  &  Naval  Officers'  Fees  were  omitted  by  mistake  in  not  tacking 
them  to  the  Bill.      We  have  sent  them  that  they  may  be  tacked  thereto. 

Then  the  House  adjourned  until  to  morrow  morning  8  o'  the  clock. 

Thursday  the  Twenty  second.  The  House  met  according  to  adjourn- 
ment. 

Present  The  Hon"''  William  Smith  Esq'"'  President. 


Esq"  Members 

of  the 
Upper  House 


Rob'  Halton        Edw"*  Moseley 
The  lion"''     Eleaz :  Allen        Roger  Moor 

Math  :  Rowan     Cullen  Pollock 
M'  Lovick  &  M'  Sinclare  Brought  up  the  Bill  to  prevent  the  killing 
of  Deer. 

In  the  Lower  House  Read  the  second  time  and  pa.ssed. 

Read  the  Quit  Rent  Bill  The  second  time  &  passed  with  Amendments. 

Read  the  Clergy  Bill  The  first  time  and  passed. 

Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 

Rob'  Halton        Edw'*  Moseley      Esq"  Members 
The  hon"'     Eleaz :  Allen       Roger  Moor  "  of  the 

Math  :  Rowan     Cullen  Pollock      Upper  House. 
Read  the  Bill  for  destroying  of  Vermin  The  second  time  and  passed 
M"'  Lovick  &  M"'  Sinclare  brought  up  the  Circuit  Bill 
In  the  Lower  House  Read  the  second  time  and  passed. 
As  also  the  Bill  for  laying  a  Poll  tax,  for  building  a  Prison  and  Stocks 
on  Websters  Plantation. 


368  COLONIAL  RECORDS. 


In  the  Lower  House  Read  the  first  time  and  passed. 

Then  the  House  adjourned  until  to  morrow  morning  ten  o'  the  cloeiv. 

Fryday  the  Twenty  thirtl.     The  House  met  according  to  Adjournment. 
Present  Tiie  hon"''  Wiilliam  Smith  Esq"  President. 

Robert  Halton     Edw''  Moseley      P]sq"  Members 
The  hon"'     Eleaz.  Alien         Roger  Moor  of  the 

Math :  Rcnvan      Cullen  Pollock      Upper  House 
Read  the  Sheriffs  Bill  The  third  time  and  passed. 
Ordered  the  same  to  be  engross'd. 
Then  the  House  adjourned  untill  three  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President 

Robert  Halton     Edw"*  Moseley      Esq''  Members 
The  hon'''"     Eleaz :  Allen        Roger  Moor  '  of  the 

Math  :  Rowan      Cullen  Pollock      Upper  House 
The  Cultavation  Bill  Read  the  second  time  &  passed  with  Amendments. 
The  Fee  Bill  Read  the  first  time  and  passed. 

The  Bill  for  erecting  a  Goal  &  Office  at  Edenton  Read  the  second  time 
&  passed  with  Amendments. 

A  Bill  for  an  Act  for  the  better  ascertaining  the  bounds  of  the  Lotts 
in  Newbern  Town  and  for  appointing  Commissioners  and  regulating 
other  matters  relating  to  the  said  Town.  Read  and  Ordered  to  lye  upon 
the  Table. 

The  Bill  for  the  regulation  of  Edenton.  Read  the  second  time  &  passed 
with  Amendments. 

Sir  Rich*  Everard  &  M'  Montgomery  Brought  up  the  following  Mes- 
sage, 

May  it  please  your  Hon" 

The  House  desires  a  Conference  with  your  House  to  treat  on  the  fol- 
lowing heads  contained  in  the  Quit  Rent  Bill,  and  that  you  would 
appoint  a  time  <t  place  for  this  House  to  attend  your  Hon"  for  the  same 
purpose. 

First.  On  the  Provisional  Clause  to  prevent  any  construction  in  that 
Act  to  revoke  the  Grand  Deed  in  all  its  Points. 

Secondly.  That  the  word  sterling  be  struck  out  in  the  rateing  the 
Commodities. 

Thirdly.  That  paying  the  rated  Conamodities  for  the  Quit  rents  extend 
general  to  all  parts  of  this  Province,  and  the  manner  of  paying  them 
be  regulated. 


COLONIAL  RECORDS.  :](J!) 


Fourthly.  That  the  Clause  l)e  again  incerted  for  allowing  fifteen  '^ 
cent  for  carrying  the  rated  commodities  to  the  Ware  houses  for  payment 
of  Quit  rents. 

Fifthly.  That  the  Clause  he  again  incerted  to  limit  a  time  of  Distress 
for  the  Arrears  of  Quit  Rent  now  due. 

Sixthly.  That  any  payments  in  Gold  or  Silver  in  discharge  of  Quit 
Rents,  shall  be  taken  in  Proclamation  money. 

On  reading  said  Message  the  House  agreed  thereto,  and  appointe<i 
Eleazar  Allen,  Mathew  Rowan,  and  Edw*  Moseley  Esq"  to  manage  the 
said  Conference. 

Ordered  that  a  Message  be  sent  to  the  Lo«  er  House  in  Answer  thereto. 

M'  Speaker  &  Gentlemen, 

As  we  are  willing  to  conclude  the  Debates  of  the  Quit  Rent  Bill,  in 
such  a  manner  as  becomes  the  two  Houses,  We  readily  consent  to  the  Con- 
ference, you  have  desired,  On  the  severall  heads,  mentioned  in  your  mes- 
sage And  have  accordingly  appointed  to  morrow  morning  at  Ten  of  the 
clock,  at  the  Councill  Chamber  to  be  the  time  and  place  for  it. 

Then  the  House  adjourned  untill  to  morrow  morning  nine  of  the 
clock. 

Saturday  the  twenty  fourth.  The  House  met  according  to  Adjourn- 
ment. 

Present  The  hon"'"  William  Smith  Esq"  President. 

Rob'  Halton  Ed^v*  Moseley       Esq"  Memljers 

The  hon'''°     Eleaz :  Allen         Roger  Moore  of  the 

Math  :  Rowan       Cullen  Pollock      Upper  House. 
M'  Hodgson  &  M'  Anderson,  Brought  up  the  following  Bills  viz' 
The  Bill  for  Encouragement  of  Edenton. 
The  Bill  to  erect  a  Goal  &  Office  at  Edenton. 
In  the  Lower  House  Read  said  Bills  the  third  time  and  passed. 
M"^  Speaker,  Attended   b}'  the  House  waited   upon  this  House  in  the 
Council  Chamber  upon  a  Conference  on  the  severall  heads  raentionetl  in 
their  Message  of  last  night  and  after  some  debate  thereon  returned  to 
their  House  again. 

The  Bill  to  erect  a  Goal  &  Office  at  Edenton 
The  Bill  for  the  regulation  of  the  Town  of  Edenton 
Read  said  Bills  third  time  &  passed.     And  Ordered  to  be  engrossed. 
The  Bill  for  preventing  killing  of  Deer 
Read  the  second  time  and  passed. 

Then  the  House  adjourned  untill  3  o'clock  in  tb?  Afternoon. 
47 


370 


COLONIAL  RECORDS. 


Post  Merid"     The  House  met  aceording  to  Adjouniment. 
Present  The  hon"'  William  Smith  Esq"  President. 
Rob'  Halton  Edw''  Moseley 

The  hon"'     Eleaz :  Allen         Roger  Moor 

Math  :  Rowan      Cullen  Pollock 
Then  the  House  adjourned  untill  Monday  morning  Ten  o'  the  Clock. 


Esq"  Members  of  the 
Upper  House. 


The  House  met  according  to  adjournment. 
William  Smith  Esq"  President. 

Edw*  Moseley 

Cullen  Pollock 


Esq"  Members  of  the 
Upper  House. 


Esq"  Members  of  the 
Upper  House. 


Monday  the  twenty  sixth 
Present  The  hon' 
Rob'  Halton 
The  hon""     Eleaz :  Allen 

Math :  Rowan 
And  adjourned  untill  3  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq"  President. 
Rob'  Halton         Edw*  Moseley 
The  hon""     Eleaz:  Allen       Cullen  Pollock 
Math:  Rowan 
M'  Hodgson  &  M'  M'Gomery  Brought  up  the  Quit  Rent  Bill 
In  the  Lower  House  Read  the  third  time  and  passed  with  Amend- 
ments. 

Sir  Rich''  Everard  &  M'  Forbus  Brought  up  the  following  Message 

May  it  please  your  Hon" 

We  send  you  herewith  a  Petition  from  the  Commissioners  for  emitting; 
and  exchangeing  the  new  Bills  of  Credit  of  this  Province,  and  desire  your 
Concurrance  in  granting  their  request,  as  by  the  Petition  sett  forth  to 
which  we  refer  you  to,  And  likewise  we  desire  you  will  joyn  this  House 
in  requesting  his  Excellency  to  order  the  said  Comm"  to  pay  to  this 
House  the  money  in  their  hands,  not  exchanged  in  order  to  discharge  the 
Pnblick  Debts  of  this  Province. 

The  Petition  of  the  Comm"  sent  up  with  the  above  Messsage  viz' 

Gentlemen  of  the  Committee, 

We  are  sorry  that  this  Assembly  have  met  at  so  great  a  distance  from 
the  place  appointed  for  exchangeing  the  old  Bills  and  Vouchers  for  our 
payment  of  the  claims  are  kept  so,  that  we  could  not  bring  the  old  Bills 
exchanged,  nor  the  Vouchers  for  the  payment  of  the  claims  without  very 
great  risque,  for  a  loss  in  either  would  put  it  out  of  our  power  to  com- 
pleat  our  Accounts. 

Therefore  we  now  only  can  give  you  an  Account,  that  we  have  in  old 
Bills  exchanged,  thirty  seven  thousand  eight  hvindred  and  seventy  nine 


COLONIAL  RECORDS.  371 


pounds,  fifteen  shillings  and  sixpence  and  have  three  thousand  three  hun- 
dred in  New  Bills  left  in  our  hands  at  least,  but  are  not  able  at  present 
to  make  a  perfect  settlement  because  the  claims  are  not  pay'd. 

Tlierefore  we  must  request  you  will  recommend  to  both  Houses  that  a 
Committee  be  appointed  to  examine  our  accounts  and  Report  to  the  next 
Assembly,  and  that  proper  orders  may  be  given  concerning  the  counter- 
part And  how  we  are  to  dispose  of"  the  money  now  in  our  hands  which 
will  greatly  oblige,  Gentlemen, 

Your  most  humble  Servants, 

ELEAZ:  ALLEN 
CULLEN  POLLOCK 
WILLIAM  DOWNING 
JAMES  CASTELLAW. 

The  House  concurr'd  with  the  above  Message  and  Ordered  that  the 
hon"'  William  Smith  Esq"  be  appointed  on  the  part  of  this  House,  to 
join  a  Committee  of  the  Lower  House  to  examine  the  old  Bills  and  see 
them  destroyed. 

And  that  Mathew  Rowan  and  Edward  Moseley  Esq"  be  appointed  a 
Committee  of  this  House  to  examine  the  accounts  of  the  Commissioners 
for  stamping  &  exchanging  the  New  Bills,  to  joyn  a  Committee  of  the 
Lower  House,  for  that  purpose,  and  report  the  same  at  the  next  Session 
of  Assembly. 

The  Vermin  Bill  Read  the  third  time  and  passed. 

Ordered  to  be  engrossed. 

The  Circuit  Bill  Read  the  second  time  and  passed. 

Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present  The  hon"'  William  Smith  Esq"  President. 

Rob'  Halton       Edw"  Moseley 
The  hon'"»     Eleaz  :  Allen     Cullen  Pollock 

Math  :   Rowan 

Then  the  House  took  under  their  consideration  the  Quit  Rent  Bill 
and  on  reading  the  same  found  several  Amendments  ne<-es.sary  to 
be  made  & 

Ordered  that  the  following  Message  be  sent  to  the  Lower  House  viz' 

M'  Speaker  &  Gentlemen 

On  reading  the  Quit  rent  Bill  the  third  time,  we  find  it  will  be  neces- 
sary to  make  some  amendments  on  the  following  heads,  on  whicii  we 
desire  a  conference  to  morrow  morninif. 


Esq"  Members  of  the 
Upper  House 


COLONIAL  RECORDS. 


First.  On  the  rateing  of  Hemp  in  one  part  of  the  Bill,  it  is  pnt  at 
three  pence  half  penny  ^  pound  proclamation  money  and  in  another 
part  at  threepence  Proclamation  money.  We  propose  to  strike  out  the 
half  penny  in  the  first  to  make  the  Bill  uniform  and  to  incert  Flax  in 
both  places  at  three  pence  ^  pound. 

Secondly.  We  think  the  (word)  money  in  the  Clause  for  paying  the 
Quit  Rents  in  Gold  and  Silver  superfluous,  and  that  it  ought  to  be  struck 
out. 

Thirdly.  That  the  Quit  rents  for  Hide  Precinct  be  paid  in  Batii 
Town,  as  usual  and  not  in  Hide  Precinct. 

Fourthly.  That  the  Quit  rents  for  Carteret  Precinct  be  paid  at  New- 
bern,  and  not  at  Beaufort  Town. 

Fifthly.  That  the  Quit  Rents  for  Onslow,  Bladen  &  New  Hanover 
Precincts  be  paid  at  Newtown  &  no  other  place. 

M"'  Nath  :  Moore  &  M''  Forbes  Brought  up  a  Bill  for  an  Act  to  prevent 
the  concealment  of  tythables  in  the  several  Counties  within  this  Prov- 
ince, and  for  declareing  what  Persons  shall  be  deemed  tythables  and 
laying  a  Poll  tax,  for  defraying  the  standing  and  contingent  charges  of 
Government,  and  appointing  a  Publick  Treasurer  for  this  Province. 

In  the  Lower  House  Read  the  first  time  &  passed. 

M'  Hodgson  &  M"'  Anderson  Brought  up  the  Cultavation  Bill. 

In  tlie  Lower  House  read  the  third  time  and  passed. 

Then  the  House  adjourned  untill  to  morrow  morning  ten  o'  the  clock. 

Wednesday  the  twenty  eighth.  The  House  met  according  to  Ad- 
journment. 

Present  The  hon""  W  Smith  Esq"  President. 
Ti     1      bie  I  Rob'  Halton      Math :  Rowan  I    Esq"  Members  of  the 
ihehon      I  E]eaz:  Allen     Edw'' Moseley  |  Upper  House 

M'  Scarbrough  &  M'  Peyton  Brought  up  the  Bill  to  prevent  killing 
of  Deer. 

In  the  Ijower  House  read  the  third  time  and  passed  with  Amendments 
M'  Hodgson  &  M'  Swan,  Brought  up  the  following  Message  in  answer 
to  our  Message  of  Yesterday. 

May  it  please  your  Hon" 

In  complyance  to  your  Message  this  House  will  waite  on  your  Hon" 
to  morrow  morning  in  order  to  confer  on  the  proposed  heads. 

M'  M'Gomery  &  M"^  Hodgson  Brought  up  the  Circuit  Bill 

In  the  Lower  House  Read  the  third  time  and  passed. 

M'  Speaker,  Attended  by  the  House  waited  upon  this  House  in  the 
Council  Chamber  upon  a  Conference  on  the  several  heads  mentioned  in 


COLONIAL  RECORDS.  373 


our  Message  of  Yesterday,  and   after  some  debate  thereon   returned  to 
their  House  again. 

Then  the  House  adjourned  untiil  .3  o'  the  Clock  in  the  afternoon. 

Post  Merid".     The  House  met  according  to  Adjournment.     Present 

The  hon"'  William  Smith  Esq"  President 

T\    1      bie  I  Rob'  Halton  Math  :  Rowan  I  Esq"  Members  of  the 

i  lie  lion     I  i^iga^.    .^iie,,        Edw"  Moseley  |         Upper  House 

Upon  reading  the  Quit  Rent  Bill  again  the  House  thought  fitt  to 
make  the  several  Amendments  as  in  the  tbllowing  Message,  which  with 
the  Bill,  was  sent  down  to  the  I^ower  House  for  their  Concurrence  viz' 

M'  Speaker  &  Gentlemen, 

We  herewith  send  you  the  Quit  Rent  Bill — Read  tiie  third  time  in 
our  House  and  passed  with  Amendments — Wiiieli  are 

First.  Tlie  price  of  Hemp  is  rated  at  three  pence  "^  pound  Proclama- 
tion. 

Secondly.  Flax  added  to  tiie  Commodities  at  three  pence  ^  pound 
Proclamation. 

Thirdly.  The  Landings  are  altered  for  Bath  County  &  the  Quit  Rents 
made  payable  at  Bath,  Newbern  &  Newtown. 

Fourthly.  A  Non  Obstante  clause  added  to  the  Clause  for  the  pay- 
ment of  old  rents  in  Albemarle  County. 

To  which  we  desire  your  Concurrence. 

The  Circuit  Bill.  Read  the  third  time  and  passed.  Ordered  to  be 
engrossed. 

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

Thursday  March  the  first.     The  House  met  according  to  Adjourn- 
ment.    Present  The  lion"*  William  Smith  Esq"  President. 
iTii,    u     bie  I  Rob'  Halton  Math  :  Rowan  I  Esq"  Members  of  the 

I  Eleaz  :  Allen        Edw''  Moseley  |  Upper  House 

M'  Scarbrough  &  M'  Peyton,  Brought  up  the  Bill  to  prevent  killing 
of  Deer. 

In  the  Lower  House  Read  the  third  time  and  passed  with  Amend- 
ments. 

Together  with  the  following  Message  regarding  the  sev"  Amendments 
to  be  made  in  the  Quit  Rent  Bill  viz' 

May  it  please  youe  Hon" 

In  Answer  to  your  Message  with  the  Quit  Rent  Bill,  Wee  have  con- 
curred with  yonr  Amendments,  &  have  ordered  the  Bill  to  be  engrossefl. 


374  COLONIAL  RECORDS. 


The  Bill  for  layiug  a  Pole  tax,  to  build  a  Prison  &  Stocks  on  William 
Websters  Plantation. 

The  Bill  to  prevent  the  concealment  of  Tythables. 

Read  said  Bills  the  first  time  and  passed. 

The  Cultivation  Bill  Read  the  third  time  and  passed 

Ordered  to  be  engrossed. 

A  Bill  for  an  Act  for  making,  clearing  and  repairing  roads,  for  making 
Bridges,  and  setting  ferrys  for  the  more  convenient  traveling,  passing  of 
ferrys,  and  carrying  by  Land  all  goods  and  Merchantdizes,  or  other 
things  within  this  Province. 

Read  the  fii-st  time  and  passed. 

Ordered  to  lye  upon  the  Table 

Then  the  House  adjourned  until  3  o'  the  clock  in  the  aflernoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 

Present  The  hon"'  William  Smith  Esq"'"  President. 
Xi     1      bie  I  Rob'  Halton        Math  :  Rowan  I  Esq"  Members  of  the 

I  Eleaz :  Allen       Edw''  Moseley  |         Upper  House. 
And  adjourned  until  tomorrow  morning  Ten  o'  the  clock. 

Friday  the  Second     The  House  met  according  to  Adjournment. 

Present  The  hon"'"  William  Smith  Esq"  President 
'T'l     I      He  I  Rob'  Halton        Math  :  Rowan  I  Esq'^  Members  of  the 

I  Eleaz:  Allen       Edw'*  Moseley  |  Upper  House 

M''  Hodgson  &  M'  Anderson  Brought  up  the  Bill  to  prevent  the  con- 
cealment of  Tythables,  &c. 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

Sir  Richard  Evei-ard  brought  up  the  following  Message  viz' 

May  it  please  your  Hon" 

Wee  have  nominatetl  the  following  Persons  to  be  powder  receivers  for 
the  several  Ports  and  Places  within  this  Province  to  which  we  desire 
your  Concurrence 

For  Port  Rhoanoke  M"^  John  Blount 

Port  Beaufort  M"'  Benj"  Peyton 

Old  Topsail  Inlet  M"-  Thos.  Lovick 

Neuse  River  Col.  William  Wilson 

Corrituck  M'  Stephen  Lee 

Brunswick  M'  Tho=  Cliiford 

Bear  Inlet  M"'  Abraham  Mitchell 

M'  Hodgson  &  M^  MtGomery  Brouglit  up  the  Fee  Bill. 
In  the  Lower  House  Read  the  second  time  and  passwl. 
Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 


COLONIAL  RECORDS.  :^7o 


l^ost  Merid"     Tlie  Hoii^e  met  according  to  Adjournment. 

Present  Tlie  lion""  William  Smith  Esq"  President 
'PI     1      Me  I  Robt  Plalton        Math  :  Rowan  I  Esfj"  Members  of"  the 
ilielion      I  Ei^.jij5.  Allen       Edw"  Moseley  |  Upper  House 

The  Bill  to  prevent  killing  of  Deer.     Read  third  time  and  passed. 
Ordered  to  be  engrossed. 
Then  the  House  adjourned   until!  tomorrow  morning  ten  o'  the  clock. 

Saturday  the  third     The  House  met  according  to  Adjournment. 

Present  The  hon""  William  Smith  Esq'"  President 
Xi     I      w»  I  Rob'  Halton        Math  :  Rowan  I  Esq"  Members  of  the 

I  Eleaz :  Allen       Edw''  Moseley  |  Upper  House 

M'  James  Castellaw  &  M'  John  Starky  Brought  up  the  following 
Message  viz' 

May  it  please  your  Hon" 

This  House  having  resolved  that  fifty  pounds  be  given  to  the  Rever- 
end M'  John  Lappiere,  Desire  your  Concurrence.  To  which  the  House 
concurred. 

The  Navigation  Bill 

The  Bill  to  prevent  the  concealment  of  Tythables.  Read  the  second 
time  &  passed  with  Amendments. 

Then  the  House  took  the  Fee  Bill  under  their  consideration  and  Or- 
dered the  same  to  lye  upon  the  Table  untill  Monday  morning. 

The  Bill  appointing  a  Town  at  William  Webster's  Plantation,  Read 
the  second  time  &  passed. 

M'  Forbes  &  M'  Moore,  Brought  up  the  Navigation  Bill 

In  the  Lower  House  Read  the  third  time  &  passed. 

Then  the  House  adjourned  untill  3  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 

Present  The  hon""  William  Smith  Esq"  President 

rpi     1      Mo      I  Rob'  Halton     Math  :  Rowan   I  Esq"  Members  of  the 

I  Eleaz :  Allen     Edw''  Moseley  |  Upper  House 

M'  Hodgson  &  M'  M'Gomery  Brought  up  the  Bill  to  prevent  the  Con- 
cealment of  Tythables,  together  with  the  following  Message. 
In  the  Lower  House  said  Bills  Read  the  third  time  &  passed. 

May  it  please  your  Hon" 

We  desire  the  temporary  clause  herewith  sent  may  be  added  to  the 
Act  for  facilitating  the  Navigation,  It  being  forgot   by  this  Hou.se 

before  we  sent  up  the  Bill. 


376  COLONIAL  RECORDS. 


And  be  it  enacted  by  the  authority  aforesaid  that  tiiis  Aft  shall  con- 
tinue in  force  for  six  years,  after  the  ratification  hereof,  and  no  longer. 
To  which  this  House  agreed. 

M'  Willson  &  M'  Lane  brought  up  a  Bill  for  an  Act  for  Building  a 
Court  House  and  Prison  iu  Craven  County. 

In  the  Lower  House  Read  the  first  time  and  passed. 

Then  the  House  adjourned  until!  Monday  morning  ten  o'  the  clock. 

Monday  the  fifth.     The  House  met  according  to  Adjournment. 

Present  the  hon'''"  William  Smith  Esq'°  President, 
rp.     I      tij      I  Rob'  Halton      Math  :  Rowan    I  Kaq"  Memljers  of  the 
I  Eleaz:  Allen     Edw'' Moseley    |  Upper  House 

The  Bill  to  prevent  the  concealment  of  Tythables.  Read  the  third 
time  and  passed.     Ordered  to  be  engrossed. 

The  Navigation  Bill  Read  the  third  time  and  passed  with  Amend- 
ments. 

The  above  Bill  sei\^  down  to  the  Lower  House  with  the  following 
Message. 

M'  Speaker  &  Gentlemen, 

On  reading  the  Navigation  Bill  the  third  time  we  have  one  Amend- 
ment viz' 

We  think  five  Com™  for  Brunswick  sufficient  and  therefore  have  struck 
out  M'  Clifford  &  M'  Murry. 

To  which  we  desire  your  Concurrence 

To  which  the  Lower  House  concurred 

Sir  Richard  Everard  &  M'  John  Swan  brought  up  three  following 
Messages  viz' 

May  it  please  your  Hon" 

This  House  having  taken  into  consideration  the  ill  consequences  this 
Province  lyes  under,  for  want  of  Coppy  of  the  several  Laws  now  in 
force,  since  the  year  one  thousand  seven  hundred  and  thirty  three,  being 
delivered  to  the  severall  County  Courts  of  this  Province. 

Whereupon  this  House  resolved  that  William  Heritage  clerk  of  this 
HoHse  have  and  receive  fifteen  pounds  out  M'  the  publick  moneys  to 
obtain  a  Coppy  of  the  said  Laws,  from  the  Secret"  Office,  and  if  any 
surplus  should  remain  that  the  said  Clerk  account  for  the  same  to  this 
House.  And  if  the  surame  should  not  be  sufficient  for  the  use  aforesaid 
that  then  the  clerk  be  allowed  a  claim  for  the  same.  And  that  the  said 
Clerk  do  from  the  Copy,  to  be  obtained  as  aforesaid  tran.scribe  and  trans- 
mit a  Copy  of  the  said  severall  Laws  to  each  &  every  of  the  said  severall 
Countys  in  this  Province,  and  that  he  be  allowed  for  the  same  four  pence 


COLONIAL  RECORDS.  377 


^  copy  sheet  containing  ninety  words,  in  each  and  every  of  the  said 
Acts.  And  that  when  the  said  service  shall  be  performed  the  Clerk  of 
each  County  Court  is  directed  to  give  a  Certificate  of  the  same  and  of 
the  number  of  the  sheets  and  upon  shewing  such  Certificate  the  Gov- 
ernor or  Commander  in  Chiefe  for  the  time  being  shall  issue  his  warrant 
for  the  payment  thereof  to  the  said  Clerk  of  this  House 
To  which  we  desire  your  Concurrence. 

May  it  please  your  Hon" 

We  have  appointed  John  M'Gomery  Esq",  M"^  John  Hodgson,  M' 
John  Blount,  M7  Stephen  Lee,  M'  Samuel  Spruel,  M'  Edw*  Sniithick 
and  M'  Joseph  Anderson  or  the  majority  of  them,  to  joyn  such  Members 
of  your  House  as  you  shall  appoint,  to  examine  and  burn  the  old  Bills 
of  credit,  which  have  been  exchanged  for  those  of  the  new  emission  and 
to  report  the  same  to  the  next  Session  of  Assembly,  and  to  order  the  dis- 
posal of  the  counterparts  of  those  Bills  of  the  last  Emission,  and  to  settle 
the  act  with  Commissioners  appointed  for  emitting  the  New  Bills  and 
report  the  same  as  above. 

May  it  please  your  Hon" 

The  Law  for  the  payment  of  the  Members  of  Assembly  of  this  Prov- 
ince being  expired  since  the  last  Session  We  thei'efore  desire  your  Hon- 
ours will  agree  with  us  in  passing  the  following  Ordinance  for  the  pay- 
ment of  the  Members  of  this  Session  of  Assembly. 

That  the  speaker  of  this  House  be  paid  the  same  wages  for  his  service 
in  Assembly  as  the  President  of  yours. 

That  all  the  Members  of  this  present  Assembly  be  paid  in  same  man- 
ner as  by  the  Law  for  the  payment  of  Assemblys  now  expired  is  directed. 

M'  Siuclare  &  M'  Hill  brought  up  the  Bill  appointing  a  Town  on 
Websters  Plantation. 

In  the  Lower  House  Read  the  third  time  and  passed. 

In  this  House  Read  the  third  time  and  passed. 

(Ordered  to  be  engrossed. 

Sir  Rich*  Everard  &  M'  M'Gomery  brought  uj)  from  the  Lower  House 
a  verbal  Message 

That  on  examiniug  the  Ingrossed  Quit  rent  Bill  they  had  found  a 
mistake  in  not  distinguishing  that  part  of  the  Province  formerly  known 
by  the  name  of  Albemarle  County  from  that  part  of  the  Province  form- 
erly known  by  the  name  of  Bath  County,  where  the  places  for  the  pay- 
ment of  the  Quit  Rents  are  appointed  and  desire  the  concurrance  of  the 
House  to  the  adding  a  Clause  to  that  purpose. 

Which  watf  agreed  and  Ordered  to  be  incerted  in  said  Bill. 
48 


378  COLONIAL  RECORDS. 


Then  the  House  took  the  Fee  Bill  under  their  consideration  and 
Ordered  to  lye  upon  the  Table. 

Then  his  Excellency  was  pleased  to  come  to  the  House  &  Ordered  the 
following  Message  to  be  sent  to  Lower  House  viz' 

I  command  the  immediate  attendance  of  your  House  with  such  Bills 
as  are  engrossed.  GAB:  JOHNSTON. 

Then  the  Speaker  attended  by  the  House  came  to  the  Council  Cham- 
ber, &  presented  to  his  Excellency  the  following  Bills  viz' 

The  Quit  Rent  Bill  and 

The  Cultavation  Bill 

Which  his  Excellency  was  pleased  to  ratifye  in  open  Assembly. 

Then  his  Excellency  was  pleased  to  leave  the  House.  And  the  House 
adjourned  untill  to  morrow  morning  10.  o'  the  clock. 

Tuesday  the  6'"     The  Hcnise  met  according  to  Adjournment. 

Present  The  hon"'  William  Smith  Esq"  President. 

'r\     1      bie  I  ^olf  Halton       Math  :  Rowan    I  Esq"  Members  of  the 
1  he  hon      |  gj^^ .  ^jj^^^       j^^^j  Moseley    |  Upper  House 

The  House  was  pleased  to  send  the  three  following  Messages  in  Answer 
to  their  three  last  Messages  viz' 

M'  Speakek  &  Gentlemen, 

In  answer  to  your  Message  relateing  to  the  Copys  of  the  Laws,  we 
join  with  you  in  opinion,  that  it  is  absolutely  necessary,  they  be  delivered 
to  the  General  and  County  Courts,  of  this  Province  both  as  to  what 
have  passed  since  the  year  one  thousand  seven  hundred  &  thirty  three, 
as  well  as  what  shall  be  passed  for  the  future  but  we  cannot  so  readily 
agree,  to  your  resolution  that  the  Clerk  of  your  House,  shall  obtain  a 
Copy  of  the  Laws  from  the  Secretary's  Office  at  the  price  of  fifteen 
pounds  only  and  that  he  transmit  from  that  Copy  one  to  every  County 
in  this  Province  Because  we  take  it  to  belong  to  the  Secretary's  Office 
only  so  to  do,  and  we  ho{)e  upon  further  consideration  you  will  join  with 
us  in  thinking  that  to  divest  one  Office  of  it's  known  right  and  give  it 
to  another  without  just  cause  is  inconsistent  with  the  justice  of  either 
House. 

Wee  therefore  propose  that  the  Secretary  be  Ordered  to  transmit  all 
Copys  of  Laws  to  the  General  and  County  Courts  and  to  be  allowed 
seven  pence  half  penny  Proclamation  "p  copy  sheet  and  that  to  be  |)aid 
him  on  such  certificate  as  you  mentioned. 


COLONIAL  RECORDS.  .579 


M'  Speaker  &  Gentlemen, 

lu  answer  to  your  Message  relateing  to  burning  tlie  old  Bills  of 
Credit  &c. 

Wee  have  appointed  the  Chief  Justice  on  the  part  of  our  House  to 
examine  and  see  them  burnt,  and  to  order  the  Disposal  of  the  Counter- 
parts, of  the  New  Emission  and  Math :  Rowan  and  Edw''  Moseley  Esq" 
to  settle  the  Accounts  with  the  Commissioners. 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  Message  relateing  to  the  payment  of  the  wages,  of 
the  Members  of  Assembly,  we  cannot  agree,  that  the  Speaker  of  your 
House  be  paid  the  same  with  the  President  of  ours,  and  as  to  your  second 
resolve,  if  you  intend  by  it  that  the  Members  of  this  House  as  well  as 
those  of  yours,  be  paid  in  the  same  manner,  as  by  the  Laws  now  expired 
we  readily  consent  to  it. 

Sir  Rich''  Everard  &  M'  John  Swan  Brought  up  the  following  Mes- 
sage viz' 

May  it  please  your  Hon" 

This  House  having  appointed  the  following  persons,  to  be  Commis- 
sioners for  reviseing  the  Laws  of  this  Province  now  in  force,  in  conjunc- 
tion with  such  Members  of  your  House  as  your  Honours  shall  be  pleased 
to  appoint  viz'  M"'  John  M'Gomery,  M'  John  Hodgson  and  M'  Joseph 
Anderson  to  joyu  some  of  your  House  at  Edenton — Sir  Richard  Everard 
Baronet,  M'  Samuel  Swan,  and  M'  John  Swan  to  joyn  some  of  your 
House  at  Capefair.     To  which  we  desire  your  concurrance. 

Then  the  House  adjourned  untill  3.  o'  the  clock  in  the  Afternoon. 

Post  Merid".  The  House  met  according  to  Adjournment.  Present 
The  hon""  William  Smith  Esq"  President. 

Tl  -  i      W'  I  •'^"'^'  Halton         Math :  Rowan  I  Esq"  Members  of  the 
I  Eleaz :  Allen        Edw*  Moseley  |         Upper  House. 

Then  his  Excellency  was  pleased  to  come  to  the  House  and  send  a 
mandate  to  the  Lower  House  Ordering  their  immediate  attendance  with 
such  Bills  as  were  ready,  at  the  Council  Chamber. 

Whereupon  the  Speaker  attended  by  the  House,  waited  upon  his  Ex- 
cellency with  the  following  Bills  which  he  accordingly  presented  to  him 
viz' 

The  Sheriifs  Bill 

The  Circuit  Bill 

The  Naviaation  Bill 


:380  COLONIAL  RECORDS. 


The  Bill  for  erecting  a  Goal  at  Edenton 

The  Bill  for  regiilateiug  the  Town  of  Edenton 

The  Bill  to  prevent  the  concealment  of  Tythables 

The  Veriuiu  Bill 

The  Bill  for  appointing  a  Town  on'Websters  Plantation 

The  Bill  to  prevent  killing  of  Deer. 

Then  his  Excellency  was  pleased  to  ratifye  the  aforesaid  Bills  in  o])cn 
Assembly. 

And  then  prorogned  the  Assembly  nntill  to  morrow  morning  Ten  of 
the  clock. 

And  accordingly  the  same  was  prorogued. 


North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  Newbern  on  Wednesday  the  seventh 

day  of  Marcli  in  the  year  of  our  Lord  one  thousand  seven  hundred  & 

thirty  eight  [1739]  and  in  the  twelfth  year  of  his  Maj''°°  reign,  pursuant 

to  the  Prorogation  of  yesterday. 

Present.  The  hon""  William  Smith  Esq"  President. 

Th    h     '''«  I  -'^°^'  Halton  Math  :  Rowan  I  Esq"  Members  of  the 

I  Eleaz :  Allen        Edw"*  Moseley  |  Upper  House. 

Then  his  Excellency  was  pleased  to  come  to  the  House  and  sent  a 
Mandate  to  the  Lower  House  Ordering  their  immediate  attendance. 

Whereupon  the  Speaker  attended  by  the  House  waited  upon  his  Ex- 
cellency in  the  Council  Chamber. 

Then  his  Excellency  was  pleased  to  order  them  to  return  t(j  their 
House,  and  proceed  upon  such  business,  as  lay  before  them. 

Who  thereupon  departed 

Then  his  Excellency  was  pleased  to  leave  the  House. 

M"'  Peyton  &  M'  Bryan  Brought  up  a  Bill  for  an  Act  to  supply  the 
defects  of  an  Act  passed  last  Sessions  of  Assembly  intitled  an  Act  for 
appointing  Sheriffs  in  the  room  of  Marshalls. 

In  the  Lower  House  Read  the  first  time  &  passed. 

In  this  Plouse  read  the  first  time  and  passed. 

M'  Hodgson  &  M"'  M'Gomery  Brought  up  the  said  Bill. 

In  the  Lower  House  Read  the  second  time  and  passed. 

In  this  House  Read  the  second  time  and  passed. 

M'  John  Swan  &  M'  Blount  Brought  up  the  said  Bill. 

In  the  Lower  House  read  the  third  time  and  passed. 

In  this  House  Read  the  third  time  and  passed.  And  Ordered  to  be 
eno-rossed. 


COLONIAL  RECORDS.  381 


Sir  Rich''  Everard  &  M'  John  Swan  Brought  up  the  following  Mes- 
sages viz' 

May  it  pleask  your  Hon" 

This  House  hath  appointed  Sir  Richard  Everard  Bar',  Col.  Benjamin 
Hill,  Col.  William  Wilson,  Col :  Forbes,  and  Col :  M°Rora  Scarbrough 
to  be  a  Committee  to  joyn  such  Members  of  your  House  as  your  Hon- 
ours shall  think  fit  to  appoint  to  finish  the  settlement  of  the  Publick 
Accounts.  And  desire  your  Concurrance. 

May  it  please  your  Hon" 

This  House  having  resolved  that  all  persons  who  are  in  arrear  to  the 
Publick  for  any  moneys  by  them  received  (except  in  the  loan  money  and 
the  Pole  tax  heretofore  laid  and  collected  by  the  precinct  Treasurei's)  do 
pay  the  same  to  the  General  Treasurers  in  their  respective  districts,  on 
or  before  the  first  day  of  August  next  in  order  to  pay  the  Publick 
claims  and  that  his  Excellency  be  addressed  to  issue  his  warrant  to  the 
said  Treasurers  for  payment  of  the  same.  To  which  we  desire  your 
Honours'  Concurrence. 

And  it  is  resolved  that  all  Persons  who  are  in  arrear  to  the  Publick, 
shall  discount  so  much  of  their  wages  as  shall  be  due  to  them  towards 
discharging  the  same.     To  which  we  also  desire  your  Concurrence. 

M'  John  Swan  &  M"'  Benj"  Hill   brought  up  the  following  Message. 

Wee  are  sorry  that  in  your  Answer  you  seem  to  disagree  with  our  reso- 
lution for  our  Clerk  to  get  a  Copy  of  the  Laws  passed  in  the  year  one 
tliousand  seven  hundred  &  thirty  three  from  the  Secretary's  Office  from 
which  he  should  be  obliged  to  make  out  Copys  for  the  several  County 
Courts  in  this  Province  whereby  the  Majistrates  might  be  better  informed 
of  their  duty,  because  you  say  it  ought  to  be  done  by  the  Secretary,  and 
that  it  is  a  right  of  the  Secretary  so  to  do,  but  as  your  Honours  have 
not  shewn  us  any  instances  of  the  Secretarys  ever  having  heretofore  made 
(jut  such  Copys  neither  do  we  find  that  he  hath  ever  done  it,  therefore 
we  liave  reason  to  believe  that  it  hath  been  the  practice  heretofore  in  this 
Province  for  the  Clerk  of  this  House  to  make  out  the  said  Copys  for 
the  several  Precincts  or  Countys,  and  we  are  of  opinion,  that  in  our 
said  Resolve  we  have  not  divested  one  Office  of  any  right  heretofore  be- 
longing to  such  Office  to  give  such  right  to  any  other  and  we  are  further 
of  opinion  that  one  Copy  of  the  Laws  Every  Session  ought  to  be  maile 
out  by  the  Secretary  for  the  use  of  this  House  and  no  more  for  which 
we  think  we  have  in  our  resolve  made  a  sufficient  allowance  But  if  your 
Honours  are  of  a  contrary  opinion  we  are  ready  to  make  such  furtiier 
allowance  as  shall  be  thought  reasonable. 


382  COLONIAL  RECORDS. 


Sii'  Rich''  Everard  &  M'  John  Swan  Brought  up  the  following  Message. 

May  it  please  your  Hon" 

We  are  preparing  an  estimate  of  the  wages  clue  to  the  Members  of 
this  House,  this  Session,  and  also  of  former  Assemblys,  and  desire  an 
estimate  of  those  of  your  House  to  make  the  same  conipleat. 

Then  the  House  was  pleased  to  send  the  two  following  Messages  to 
the  Lower  House  in  answer  to  their  two  regarding  the  settlement  of  the 
Publick  Accounts  and  the  Persons  in  arrear  to  the  Publick. 

M'  Speaker  &  Gentlemen, 

The  hon"°  Eleaz:  Allen  and  Edw**  Moseley  Esq"  are  appointed  a 
Committee  of  our  House  to  join  yours  to  finish  the  settlements  of  tiie 
Publick  Accounts. 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  Message  relateing  to  the  money  in  the  hands  of 
such  Persons  as  are  in  Arrears  to  the  Publick 

This  House  is  of  opinion  that  the  speediest  way  for  those  Persons  to 
be  paid  who  have  Publick  claims  will  be  for  those  Persons  who  have  the 
Publick  moneys  in  their  hands  to  pay  the  claims  allowed  by  this  Assem- 
bly to  the  Claimants. 

And  that  his  Excellency  the  Governour  be  desired  to  issue  his  warrant 
accordingl3\ 

As  to  the  latter  part  of  your  Message  the  methods  you  propose  has 
been  observed  in  paying  the  Claimants  Ijy  discounting  the  wages  and 
Claims  allowed. 

Then  his  Excellency  the  Governour  came  to  the  House  and  was 
pleased  to  order  the  immediate  attendance  of  the  Lower  House. 

Whereupon  the  Speaker  attended  by  the  House  waited  upon  his 
Excellency  in  the  Council  Chamber. 

And  presented  to  his  Excellency  the  Bill  for  an  Act  to  supply  the 
defects  of  an  Act  passed  last  Session  of  Assembly.  Intitled  an  Act  for 
appointing  Sheritts  in  the  room  of  Marshalls. 

To  which  His  Excellency  was  pleased  to  assent. 

Then  his  Excellency  was  pleased  to  prorogue  this  Assembly  to  tlie 
second  Tuesday  in  November  next. 

North  Carolina — ss. 

At  a  General  Assembly  begun  and  held  at  Newbern  the  sixth  day  of 
February,  one  thousand  seven  liundred  and  thirty  eight  [1739]  and 
in  the  twelfth  year  of  the  reign  of  our  sovereign  Lord  George  the  sec- 


COLONIAL  RECORDS.  383 


ond  by  the  grace  of  God  of  Great  Britain,  France  and  Ireland  King 
&c.  being  the  first  Session  of  this  present  Assembly. 

Thirty  seven  Members  appeared,  were  duly  qualified  and  took  their 
seats  in  the  House. 

The  House  adjourned  till  to  morrow  10  "Clock. 

Wednesday  y""  of  Feb'-''  173f.  The  House  met  according  to  Adjourn- 
ment. 

The  House  adjourned  till  to  morrow  10  O'clock. 

Thursday  ye  8'"  of  Feb'>'  1738.  [1739]  The  House  met  according  to 
Adjournment. 

It  is  unanimously  resolved  that  William  Heritage  Gent :  be  appointed 
Clerk  to  this  House  and  that  he  give  sufficient  security  for  the  due  exe- 
cution of  his  s*  Office. 

His  Excellency  the  Governor  sent  a  Message  to  this  House  command- 
ing their  immediate  attendance — Whereupon  this  House  in  a  full  body 
waited  on  his  Excellency  at  the  Council  Chamber  who  directed  them  to 
return  to  their  House  and  make  choice  of  a  Speaker,  who  unanimously 
chose  W"  Downing  Esq"  Speaker — Then  this  House  presented  him  to 
his  Excellency  who  was  pleased  to  approve  thereof  then  made  the  fol- 
lowing Speech  [For  the  Governor's  address  see  Journal  of  Upper 
House. — Editor.] 

W""  Herritage  Gen'  appeared  and  was  duly  qualified  Clerk  of  this 
House. 

Ordered  that  John  Montgomery  Esq'  Sir  Richard  Everard  Bar'  M' 
Sam:  Swanu,  M'  James  Castelaw  and  M'  Benj  :  Hill  be  appointed  a 
Committee  to  answer  his  Excellency  the  Gov"  Speech. 

Ordered  That  all  persons  coneernetl  with  Publick  money  as  Treasurers 
of  the  several  Precincts,  Receivers  of  the  impost  moneys  and  receivers  of 
Powder  nu)neys  do  attend  this  House  on  Thursday  the  fifteenth  of  this 
instant.  February  and  bring  their  respective  accounts  and  that  notifica- 
tion thereof  be  put  up  at  the  door  of  this  House. 

Ordered  If  the  Treasurers  of  the  several  Precincts  do  nut  appear  as 
also  the  Receivers  of  the  impost  money  and  Receivers  of  the  Powder 
moneys  at  the  time  and  place  aforesaid  that  a  messenger  be  immediately 
sent  for  them. 

Ordered  tiiat  M'  James  Castelaw,  M'  Thomas  Luten,  M'  Sam  :  Swann, 
Sir  Richard  Everard  Bar',  Arthur  Mabson,  and  M'  Simon  Bryan  be  ap- 
pointed a  Committee  to  joyn  such  Members  of  the  Upper  House  as  they 
shall  think  proper,  to  prepare  a  Quit  Rent  Bill. 

M'  John  Hodgson  and  M'  Sam.  Swann  were  appointed  to  prepare  a 
Fee  Bill. 


384  COLONIAL  RECORDS. 


M' John  Hodgson,  M'  Jos:  Ixing,  M'  William  Bryan,  M' John  Daw- 
son, M'  Stevens  Lee,  M'  Benj  :  Peyton,  M'  Sam  :  Sinclare,  M'  W"  Wil- 
son, M'  Thos.  Lovick,  M'  John  Starkey  and  M'  John  Swann  were  ap- 
pointed a  Committee  of  claims  to  joyn  such  Members  of  the  Upper 
House,  as  shall  be  appointed  to  joyn  them. 

Ordered  That  John  Montgomery  Esq",  M"^  Joseph  Anderson,  M' John 
Blount  and  M"'  Thos.  Bryant  do  prepare  and  bring  in  a  Bill  for  an  Act 
to  declare  how  Lands  are  to  be  cultivated  and  to  avoid  disputes  in  laps- 
ing Lands. 

The  House  adjourned  till  4  o'clock  post  Merid" 

The  House  met  according  to  Adjournment. 

Read  the  Petition  of  Walter  Lane  &c  complaining  of  an  undue  elec- 
tion of  a  Member  for  New  Bonn  [New  Bern]  Town 

Read  the  Petition  of  Richard  Rigby  &c.  complaining  of  an  undue 
election  of  a  Member  for  Bath  Town. 

Ordered  That  a  messenger  be  sent  from  this  House  to  bring  Robert 
Boyd  who  was  the  returning  Officer,  to  appear  before  this  House  on 
Monday  the  twelfth  instant  to  answer  to  this  House  wherefore  he  hath 
returned  Rob'  Turner  duly  elected  Member  to  represent  the  Town  of 
Bath  in  the  Precinct  of  Beaufort  and  that  the  Clerk  of  this  House  im- 
mediately issue  an  Order  in  pursuance  thereto. 

Read  The  Petition  of  Robert  Hewan  and  others  complaining  that  the 
navigation  from  Ocacock  Inlet  to  the  several  Ports  and  Rivers  in  this 
Province  is  very  dangerous.  Praying  the  Pilotage  may  be  regulated  and 
the  most  dangerous  places  from  the  said  Inlet  to  tlie  several  rivers  may 
be  buoyed  and  beaconed  (fee. 

The  House  adjourned  till  to  Morrow  8  o'clock. 

Fryday  y'  9'"  of  February  1738.  [1739] 
The  House  met  according  to  Adjournment. 

The  Committee  appointed  to  draw  an  address  to  his  Exccll"''  protluced 
one  which  was  unanimously  approved  of  by  the  House. 
Sent  the  following  Message  to  the  Upper  House 

M.\Y    IT    PLEASE    YOUR    HoNOUKS, 

This  House  having  occasion  to  call  upon  John  Carter  a  Deputy  Mar- 
shall to  attend  this  House  upon  a  controverted  Election  the  said  Cai-ter 
sent  a  very  abusive  Answer  to  this  House;  this  House  since  understand- 
ing the  said  Carter  ti)  be  an  Officer  in  attendance  on  your  Honours  we 
therefore  pray  your  Honours  will  direct  the  said  Carter  to  attend  this 
House  to  answer  the  said  Contempt  that  proper  measures  may  be  taken 
to  punish  him  for  the  same. 


COLONIAL  RECORDS.  385 


Ordered  That  John  Montgomery  Esq"  and  M'  Jolm  Hodgson  do  wait 
on  his  Excellency  the  Governor  to  know  his  pleawnre  when  this  House 
shall  present  tiieir  address. 

Rept)rted  by  -John  Montgomery  Esq"  and  M'  Hodgson  that  it  was  his 
Excellency's  pleasure  this  House  should  wait  on  him  immediately  with 
their  address. 

Resolved  That  M'  Speaker  issue  his  warrant  directed  to  the  Sergeant 
at  arms  to  bring  John  Pratt  late  Clerk  of  this  House  to  answer  why  he 
did  not  attend  and  deliver  the  Records  and  papers  thereto  belonging. 

This  House  resolved  into  a  Committee  of  the  M'hole  House  to  examine 
into  the  poll  for  New  Bern  and  unanimously  chose  John  Montgomery 
Esq"  Chairman. 

Received  the  following  Message  from  the  Upper  House  (viz :) 

M"'  Speaker  &  Gent" 

In  answer  to  your  Message  relateing  to  John  Carter  and  the  abuse 
offered  by  him  to  your  House  as  we  can  make  no  dispute  of  the  matter 
of  fact,  and  he  being  a  servant  of  oiirs  we  are  very  willing  to  give  you 
any  satisfaction  the  nature  of  the  thing  requires,  but  cannot  consent  to  the 
sending  him  to  you  for  punishment  because  we  take  it  to  be  the  undoubted 
right  of  either  House  to  punish  their  own  officers,  to  preserve  therefore 
the  good  harmony  we  hope  will  always  subsist  between  both  we  have 
ordered  Carter  to  wait  on  you  and  ask  pardon  for  his  offence  on  his 
knees. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours, 

As  this  House  conceives  it  to  be  the  undt)ui)ted  right  of  this  House  to 
punish  all  persons  for  offences  committed  against  them  at  their  own  dis- 
cretion notwithstanding  the  House  being  willing  to  avoid  any  disputes 
with  the  Upper  House  (at  this  time  on  that  head)  have  ordered  the  said 
Carter  to  ask  pardon  on  his  knees  for  the  ofJence  and  that  M""  Speaker 
repremand  him  severely. 

Ordered  That  John  Carter  appear  at  the  barr  of  this  House,  who 
accordingly  did ;  and  asked  pardon  of  this  House  for  his  offence  on  his 
knees,  and  was  severely  repreraanded  by  M'  Speaker. 

M""  Speaker  with  the  House  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber  and  presented  the  address  of  this  House  to  him  in 
these  words  (viz') 

49 


386  COLONIAL   RECORDS. 


To  his  Excellency  Gabriel  Johnston  Esq"  Captain  General  and  Governor 

in  Chief  of  his  Majestie's  Province  of  North  Carolina. 
The  Humble  Address  of  the  Gen :  Assembly  of  this  Province. 

We  the  King's  most  dutifull  and  loyal  subjects  the  General  Assembly 
of  North  Carolina  return  your  Excellency  our  hearty  thanks  for  your 
Speech  made  at  the  opening  of  this  Assembly  we  are  of  opinion  with 
your  Excellency  that  the  establishment  of  the  worship  of  Allmighty 
God  in  this  Province  merits  our  chiefest  care  we  shall  therefore  ai>ply 
ourselves  to  consider  the  most  proper  methods  to  make  further  provision 
for  the  maintaining  of  an  Orthodox  Clergy  among  us. 

Next  to  this  your  Excellency  wisely  judges  that  the  Trade  of  tiiis 
Province  deserves  our  great  attention  we  are  very  sensible  of  the  many 
disadvantages  this  Province  lyes  under  in  that  point  and  we  cannot  say 
that  former  Assemblys  have  been  wanting  in  their  endeavours  to  pro- 
mote our  Trade  tho'  they  have  proved  fruitless.  Notwithstanding  our 
best  endeavours  shall  not  be  wanting  to  afford  such  a  relief  as  so  great 
an  affair  deserves. 

Your  Excellency  has  very  justly  observed  the  necessity  of  reviseing 
and  printing  the  Laws  of  this  Province,  we  purpose  to  take  the  same 
into  our  consideration  and  to  direct  the  printing  of  them  when  they  shall 
have  past  a  revisal  whereby  the  Magistrates  may  become  more  sensible 
of  their  duty  and  the  people  of  this  Province  better  acquainted  with 
what  so  nearly  concerns  them. 

We  are  very  sorry  there  hath  been  any  occasion  for  the  heats  and 
uneasinesses  which  have  happened  in  this  Province  but  since  your  Ex- 
cellency assures  us  that  there  is  an  end  likely  to  be  put  to  them  by  his 
most  gracious  Majesty's  interposing  his  authority  we  shall  readily  con- 
sider the  things  which  your  Excellency  has  recommended  without  any 
heat  or  unnecessary  delay  the  Members  of  this  House  being  met  with  a 
firm  resolution  of  doing  everything  in  their  power  that  they  conceive 
may  be  for  his  Maj''°°  interest,  and  the  welfare  and  happiness  of  this 
Province. 

This  House  resolved  into  a  Committee  of  the  wiiole  House  to  examine 
into  the  poll  of  New  Bern  and  M'  Chairman  took  the  chair. 

After  some  time  spent  therein  M'  Speaker  resum'd  the  chair. 

The  House  adjourned  till  3  o'clock  in  the  afternoon 

The  House  met  according  to  adjournment. 

This  House  taking  into  consideration  the  ilconveniency  they  lye  under 
for  want  of  the  late  Clerk  M'  John  Prat  together  with  the  records  and 
papers  belonging  to  this  House  thought  proper  to  address  his  Excellency 


COLONIAL  RECORDS. 


the  Governor  by  John  Montgomery  Esq"  and  M'  John  Swann  in  order 
to  obtain  a  Press  warrant  to  expedite  the  messenger  to  bi'ing  the  said 
Prat  before  them. 

Wiio  returned  for  answer  to  tiiis  House  tiiat  iiis  Excell°>'  tliouglit  this 
House  had  an  undoubted  right  to  issue  a  Press  warrant  for  that  purpose, 
liowever  his  Execlleney  was  pleased  to  issue  a  press  warrant  for  the  pur- 
pose desired. 

Read  the  Petition  of  several  of  the  Inhabitants  of  Onslow  Precinet 
setting  forth  &c. 

Praying  an  Act  might  pass  to  enable  them  to  finish  a  Court  House  &c. 
which  is  already  begun.     Which  was  approved  of  by  the  House. 

The  House  resolved  into  a  Committee  of  the  whole  House  and  resumed 
the  debates  on  the  controverted  Election  for  New  Bern  and  M'  Chair- 
man took  the  chair. 

After  some  time  spent  M'  Speaker  resumed  the  chair. 

Then  M"'  Chairman  reported  tiiat  M^  Walter  Lane  is  duly  elected  Bur- 
gess for  the  said  Town  who  appeared  and  was  qualified  and  took  ids  seat 
in  the  House  accordingly. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours. 

This  House  having  appointed  a  Committee  to  joyn  such  Members  of 
your  House  as  your  Hon"  shall  think  proper  to  draw  and  prepare  a  Bill 
for  the  payment  of  His  Majesty's  Quit  Rents,  and  this  House  having 
likewise  appointed  anotiier  Committee  to  joyn  such  of  your  House  as 
your  Honours  shall  think  proper  for  receiving  and  settling  the  claims  of 
this  Province  for  Publick  services  are  ready  to  proceed  on  the  said  Busi- 
ness. 

Received  the  following  Message  from  the  Upper  House 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  by  M'  Swann  and  Coll"  Hill  we  have 
appointed  M'  Allen,  Col:  Moseley  &  Col :  Pollock  a  Committee  of  our 
House  on  the  Bills  for  His  Majesty's  Quit  I'ents  and  Coll :  Halton  and 
M'  Rowan  on  settling  the  claims  who  will  be  ready  to  joyn  yours  to 
Morrow  morning. 

The  House  adjourned  till  to  Morrow  8  o'clock. 

Saturday  y'  10*  of  Feb'''  1738.  [1739]  The  House  met  according  to 
adjournment. 

Tiie  House  adjourned  till  Monday  8  o'clock. 


COLONIAL  RECORDS. 


Monday  y*  12""  of  February  1738.  [1739]  The  House  met  according 
to  Adjournment. 

The  following  Members  appeared  and  was  qualified  viz:  M"  Matii : 
Moore,  M'  W"  Mackay,  Coll :  W"  Forbes,  M'  Tho'  Williams,  M^  John 
Ethridge,  M'  Thomas  Davis  and  M'  W"  Leary  and  took  tlieir  seats  in 
the  House  accordingly. 

Read  the  Bill  for  an  Act  for  enlarging  the  jurisdiction  of  the  Precinct 
Courts  and  erecting  circular  Courts. 

Ordered  the  same  lye  on  the  table  for  consideration. 

Read  a  Bill  for  an  Act  for  facilitating  Navigation. 

Ordered  the  same  lye  on  the  table  for  consideration. 

Read  a  Bill  for  an  Act  to  erect  a  Goal,  an  Office  or  Place  for  the  safe 
keeping  the  Records  of  the  General  Court  and  for  repairing  the  Court 
House  at  Edenton. 

Ordered  the  same  lye  on  the  table  for  consideration. 

The  House  adjourned  till  to  Morrow  10  o'clock. 

Tuesday  y=  13*  of  February  1738.  [1739]  The  House  met  according 
to  Adjournment. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  facilitating 
the  Navigation  &c. 

M'  John  Prat  late  Clerk  to  this  House  appeared  voluntarily  before 
this  House  and  produced  several  Books  &  Papers  belonging  to  this 
House  there  not  being  all  he  had  in  his  Custody. 

Resolved  the  said  Prat  keep  in  his  Custody  till  sent  for  the  said  Books 
&  Papers,  by  this  House  and  that  this  House  have  recourse  to  sucii 
papers  the  s*  Pratt  hath  in  his  custody  when  they  see  proper. 

Read  the  Bill  for  providing  his  Majesty  a  Rent  Roll  for  securing  his 
Majesty's  Quit  Rents  for  the  remission  of  arrears  of  Quit  Rents  and  for 
quieting  the  Inhabitants  in  their  possessions  and  for  the  better  settlement 
of  his  Majesty's  Province  of  North  Carolina. 

Ordered  the  said  Bill  lye  on  the  table  till  Thursday  morning  for  con- 
sideration. 

The  House  adjourned  till  4  o'clock  post  merid: 

The  House  met  according  to  Adjournment. 

The  House  resolved  into  a  Committee  of  the  whole  House  to  examine 
into  the  merits  of  Richard  Rigby's  Petition  complaining  of  an  undue 
Election  of  Robert  Turner  for  a  Burgess  to  serve  in  this  Assembly  for 
the  Town  of  Bath. 

After  examination  of  several  witnesses  the  matter  was  debated  by  the 
said  Committee. 

M"  Speaker  resumed  the  ciiair. 


COLONIAL  RECORDS.  389 


Resolved  that  the  setting  Member  Coll :  Robert  Turner  was  not  duly 
elected  Burgess  to  serve  in  this  present  General  Assembly  for  the  Town 
of  Bath. 

Resolved  that  Rich''  Rigby  tiie  Petitioner  was  duly  elected  Burgess  to 
serve  in  this  present  General  Assembly  for  the  Town  of  Bath. 

The  following  persons  were  appointed  a  Committee  to  joyn  such  Mem- 
bers of  the  Upper  House  they  shall  think  pro])er  to  appoint  to  settle  the 
Publick  accounts  viz'  Sir  Richard  Everard  Bart,  Coll.  W"  Forbes,  Coll : 
Benj  :  Hill,  M'  Fred"  Jones  &  Coll.  M°Rora  Scarbrongh. 

M"'  John  Swann  moved  the  House  that  Robert  Boyd  the  returning 
Officer  for  a  Burgess  to  serve  in  this  General  Assembly  for  the  Town  of 
Bath  to  be  sent  for  to  the  barr  of  this  House  and  be  mildly  repremanded 
by  M'  Speaker  for  obliterating  the  Poll  for  Bath  Town  &  other  misde- 
meanours in  contempt  of  the  Priviledges  of  this  House.  The  said  Rob- 
ert Boyd  was  immediately  sent  for  to  said  barr  and  was  accordingly  by 
M''  Speaker  repremanded. 

John  Montgomery  Esq"  moved  for  leave  to  bring  in  a  Bill  for  an 
Act  for  the  encouragement  and  better  regidation  of  the  Town  of  Edenton. 
Ordered  that  he  have  leave  and  that  he  prepare  and   bring  in  the  same. 

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

Wednesday  y'  14'"  of  Fel/^  1738.  [1739]  The  House  met  according 
to  Adjournment. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  appointing 
sheriffs  in  the  room  of  Marshals  in  every  Precinct  in  this  Province. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours. 

This  House  having  appointed  a  Committee  to  joyn  those  Members  of 
your  House  as  your  Honours  thought  proper  for  settling  the  Publick 
Accounts  are  reatly  to  proceed  on  tlie  said  Business. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  the  better 
encouragement  and  regulation  of  the  Town  of  E)denton. 

Richard  Rigby  appeared  was  qualified  a  Member  of  this  House  and 
took  his  seat  accordingly. 

The  House  adjourned  till  4  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 

The  House  adjotnnied  till  to  morrow  10.  o'clock. 

Thursday  y"=  lo  of  Feb'^  1738.  [1739]  The  House  met  according  to 
adjournment. 

Read  the  Petition  of  Jonathan  Bateman  ttc.  Praying  to  be  exemi>t 
from  all  Publick  dntys  &  paying  levys.     The  siuiie  granted. 


390  COLONIAL  RECOEDS. 


M"'  John  Starkey  moved  this  House  in  behalf  of  Lazarus  Kerney. 
Praying  the  said  Lazarus  might  be  exempt  from  paying  publiek  ievys  & 
all  publiek  dutys.     The  same  granted. 

Read  the  Petition  of  Darby  M°Carty  in  behalf  of  his  son  Dennis 
M°Carty.  Praying  the  said  Dennis  might  be  exempt  from  all  publiek 
duties  and  paying  taxes  &c.  Tlie  same  granted  during  the  time  he  shall 
continue  infirm. 

Sir  Richard  Everard  moved  tor  leave  to  bring  in  a  Bill  for  an  Act  to 
appoint  inspectors  for  receiving  Tobacco  for  payment  of  his  Majestys 
Quit  Rents.     Ordered  to  prepare  and  bring  in  the  same. 

Read  and  sent  to  the  Upper  House  a  Bill  foi'  an  Act  for  Providing 
His  Majesty  a  Rent  Roll  &c. 

The  House  adjourned  till  4  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 

Reported  by  Sir  Ricliard  Everard  from  the  Committee  appointed  by 
the  House  to  treat  with  Robert  Halton  Esq"  Provost  Marshall  of  this 
Province  Concerning  the  resignation  of  his  OfBce  of  Provost  Marshall, 
that  the  said  Committee  proposed  to  allow  the  said  Halton  the  sum  of 
two  thousand  pounds  current  Bills  one  moiety  thereof  to  be  paid  to  the 
said  Halton  on  the  resignation  of  Jiis  said  Office  the  other  moiety  or  half 
to  be  paid  to  the  said  Halton  upon  the  confirmation  of  a  Law  to  be 
passed  for  appointing  Sheriffs  in  each  Precinct  or  t'ounty. 

To  which  this  House  unanimously  agreed. 

Received  the  following  message  from  the  Upper  House 

M'  Speaker  &  Gentlemen, 

Eleazer  Allen  and  Roger  Moore  Esq"  are  appointed  by  this  House 
to  joyn  your  Committee  to  inspect  into  the  Publiek  accounts. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  facilitating 
the  navigation  of  the  several  ports  of  this  Province  and  for  buoying  and 
beaconing  out  the  Channels  &c 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  to  erect  a  Goal, 
an  office  or  place  for  the  safe  keeping  the  records  of  the  General  Court 
— and  the  Bill  for  an  Act  to  prevent  injurys  being  done  by  killing,  mis- 
marking  of  peoples  stocks  &c. 

And  a  Bill  for  an  Act  to  prevent  killing  Deer  at  unseasonable  times — 
And  a  Bill  for  an  Act  to  appoint  that  part  of  Bertie  Precinct  on  the 
south  side  of  Roanoke  into  a  distinct  Precinct  and  Parish  by  tiie  name 
of  Edgcomb  Precinct  &  Parish — And  a  Bill  for  an  Act  for  finishing 
the  f'ourt  House  and  Prison  in  Onslow  Precinct — -And  a  Bill  for  an 
Act  for  destroying  Vermin. 


COLONIAL  RECORDS.  391 


Read  the  Petition  of  John  Jones  Praying  to  he  exempt  from  payin}^ 
levys,  w(n'king  on  the  roarls  and  all  Pnhlick  dutys.     The  same  granted. 

Reeeived  from  the  Upper  H(jnse  the  Bill  for  an  Aet  for  appointing 
Sheriffs  in  the  room  of  Marshalls  &c. 

M'  Stevens  Lee  moved  this  House  in  behalf  of  Nathaniel  Everet 
sen'  praying  the  said  Everet  might  be  exempt  from  paying  levys  and 
other  Publick  services.     The  same  granted. 

M'  Benj"  Peyton  moved  this  House  in  behalf  of  Cornelius  Collier  of 
Beaufort  Precinct — Praying  the  said  Collier  might  be  exempt  from  paj'- 
iug  levys  &  other  Publick  services.     The  same  grantetl. 

M"'  Scarbrougli  moved  this  House  in  behalf  of  Daniel  Horn  of  Pe- 
(juimons  Precinct.  Praying  the  said  Horn  might  be  exempt  from 
paying  levys  and  all  Public  services.     The  same  Granted. 

Read  the  Petition  of  Thos.  Tooly  of  Hyde  Precinct.  Praying  to  be 
exempt  from  working  on  the  roads,  appearing  at  Musters  and  all  Pub- 
lick Taxes.     The  same  granted. 

M"'  Sutton  moved  this  House  in  behalf  of  W"  Simpson  of  Pas(juo- 
tank  Precinct.  Praying  the  said  Simpson  might  be  exempt  from  all  pub- 
lick services  &  paying  levys.     The  same  granted. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Fryday  y^  16'"  Feb''^  1738.  [17.39]  The  House  met  according  to 
Adjournment. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  facilitating 
the  navigation  of  the  several  ports  within  this  Province  &c 

The  House  adjourned  till  half  hour  after  3  o'clock  post  merid. 

The  House  met  according  to  Adjournment. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  providing 
his  Majesty  a  Rent  Roll  &c 

Read  and  sent  the  following  Bills  to  the  Upper  House  viz' 

A  Bill  for  an  Act  declaring  what  shall  be  deem'd  a  sufficient  cultiva- 
tion of  Lands  and  for  ascertaining  the  manner  of  planting  Lapse  Lands. 

A  Bill  for  an  Act  for  the  better  support  of  the  Clergy  of  this  Prov- 
ince. 

A  Bill  tor  an  Act  for  appointing  a  Town  on  the  Plantation  whereon 
William  Webster  dwelleth  in  Hyde  Precinct  on  the  west  side  of  Mas- 
chapungo  River. 

Read  the  Petition  of  William  Crisp.  Praying  to  be  exempt  from  pay- 
ing Publick  levys  and  publick  services.     The  same  granted. 

Read  the  Petition  of  Joseph  Scuttlethorp,  Praying  to  be  exempt 
from  paying  publick  levys  and  public  services.     The  same  granted. 


392  COLOmAL  RECORDS. 


Received  from  the  Upper  House  the  following  Bills  viz' 

A  Bill  for  an  Act  for  destroying  Vermin. 

A  Bill  for  an  Act  to  prevent  killing  deer  at  unseasonable  times. 

A  Bdl  for  an  Act  to  prevent  Injurys  being  done  by  killing,  mismark- 
ing  and  driving  away  people's  stocks. 

A  Bill  for  an  Act  for  the  encouragement  and  better  regulation  of  the 
Town  of  Edenton. 

A  Bill  for  an  Act  to  erect  a  Goal,  an  Office  or  Place  for  the  safe  keep- 
ing the  Records  of  the  General  Court  and  for  repairing  the  Court  House 
at  Edenton. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Saturday  y°  17'"  of  Feb^^  17.38.  [17.39]  The  House  met  according  to 
Adjournment. 

Read  the  Petition  of  several  of  the  Inhabitants  of  the  lower  part  of 
Craven  Precinct.  Praying  an  Act  might  pass  to  joyn  the  lower  part  of 
Craven  Precinct  to  Carteret  Precinct. 

Ordered  that  M'  Lovick  and  M''  Mabson  bring  in  a  Bill  pursuant  to 
the  said  Petition. 

Read  the  Petition  of  Geo.  Linington  setting  forth  he  hath  brought 
the  making  of  indigo  to  perfection  in  this  Province.  Praying  such  bounty 
for  the  same  as  this  House  shall  think  proper.  And  produced  the  fol- 
lowing estimate  of  one  acre  tended  in  Indigo  viz' 

To  one  acre  producing  from  15.  pound  to  20.  pound  of  neat  Indigo 
and  may  be  tended  by  one  Negro  which  at  a  medium  fetches  at  home 
from  4°  6''  to  .5°  "^  pound  sterling. 

N.  B.  The  whole  work  is  to  be  done  in  the  summer  season  only. 

The  charges  of  cisterns  made  of  Brick  or  wood  cannot  be  very  great 
the  materials  being  very  reasonable  here,  none  of  the  work  in  making 
Indigo  will  any  way  hinder  or  prevent  any  plantation  work. 

Ordered  that  Sir  Richard  Everard  and  M'  Hodgson  do  prepare  and 
bring  in  a  Bill  pursuant  to  the  prayer  of  the  said  Petition. 

The  House  adjourned  till  4  o'clock  post  merid. 

The  House  met  according  to  Adjournnient. 

The  House  adjourned  till  Monday  morning  9.  o'clock. 

Monday  the  19'"  of  February  1738.  [1739]  The  House  met  accord- 
ing to  Adjournment. 

As  the  Inhabitants  of  Albemarle  County  by  virtue  of  the  great  Deed 
of  Grant  given  by  the  late  Lords  Proprietors  to  that  County  hearing 
date  the  first  day  of  May  1668  have  an  undoubted  right  to  pay  his 
Majesty's  Rent?  as  the  Inhabitants  of  Virginia 


COLONIAL  RECORDS.  ;i9;j 


Resolved  That  in  passing  any  laws  relating  to  the  payment  of  anv 
of  the  said  rents  this  House  will  make  the  Law  and  praetice  of  Virginia 
(as  near  as  the  eircumstances  of  said  County  will  allow)  the  rule  of  prac- 
tice of  this. 

M'  Sutton  moved  this  House  in  behalf  of  George  Gordon  of  Pequini- 
ons  Precinct,  Praying  the  s''  Gordon  might  be  exempt  from  paying  levys 
&  all  Publick  services.     The  same  granted. 

Read  and  sent  to  the  Upper  House  the  following  Bills  viz' 

A  Bill  for  an  Act  for  appointing  Sheriffs  in  the  room  of  Marshalls  ttr. 

A  Bill  for  an  Act  for  the  encouragement  and  better  regulation  of  the 
tt)wu  of  Edenton. 

Read  the  Petition  of  Thomas  Harris  Praying  to  be  exempt  from  pav- 
ing levys  and  other  publick  services  &v. 

The  same  referr'd  to  Committee  C'laims. 

M'  Mabson  brought  in  a  Bill  for  an  Act  for  the  ease  of  that  part  of 
Craven  Precinct  that  lyes  on  the  east  side  of  clubfoots  creek  on  the  said 
side  of  Nuse  river  to  the  mouth  thereof  and  for  adding  them  to  and 
thereby  enlargeing  the  Precinct  of  Carteret. 

Which  was  read  &  sent  to  the  Upper  House. 

Received  from  the  Upper  House  the  Bill  for  an  Act  declaring  what 
shall  be  deemed  a  sufficient  cultivation  of  Lands  &c.  And  a  Bill  for  an 
Act  for  appointing  a  Town  on  the  Plantation  \\  here  W"  Webster  now 
dwelleth. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  appointing 
Circuit  Courts  &c. 

A  Bill  for  an  Act  for  appropriating  two  thousand  pounds  Curr.  Bills 
&c. — witii  amendments. 

The  House  adjourned  till  half  hour  past  4  o'clock,  p.  m. 

The  House  met  according  to  Adjournment. 

Read  the  Bill  for  an  Act  for  providing  his  Majesty  a  Rent  Roll  &c. 

Ordered  the  same  lye  on  the  table  for  consideration. 

M'  Hodgson,  M"^  Hill,  M'  Dawson  and  M'  Castelaw  were  appointetl  a 
Committee  to  prepare  a  clause  (to  be  added  to  the  Bill  for  an  Act  for 
providing  his  Majesty  a  Rent  Roll  &c.)  To  appoint  inspectors  of  Tobacco 
for  jiayment  of  his  Majesty's  Quit  rents. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Tuesday  y=  20""  of  Feb'''  1738. 

The  House  met  according  to  Adjournment. 

M'  Hodgson  produced  a  clause  to  be  added  to  the  Bill  for  an  Act  for 
providing  his  Majesty  a  rent  roil  <fec.  for  appointing  Inspectors  of  Tobacco 
for  pavfrient  of  his  Majesty's  Quit  rents. 
50 


394  COLONIAL  RECORDS. 


Ordered  the  said  clause  to  be  added  to  the  said  Bill. 
Read  and  sent  the  said  Bill  to  the  Upper  House. 
And  an  Act  for  the  encouraging  the  making  of  indigo. 
Received  from  the  Upper  House  the  Bill  for  an  Act  for  appointing 
Sheriffs  in  the  room  of  Marshalls  &c.  with  amendments. 
And  a  Bill  for  an  Act  for  appointing  Circuit  Courts  &c. 
The  House  adjourned  till  4  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 
The  House  adjourned  till  to  morrow  10  o'clock. 

Wednesday  y=  21«  Feb'^  1738.  [17.39] 

The  House  met  according  to  Adjournment. 

Sent  the  following  resolve  to  the  Upper  House  (viz') 

Resolved  That  all  Persons  who  have  any  of  the  Publick  Bills  of  this 
Province  in  their  hands  made  in  the  year  1729  and  do  not  appear  at  New 
Bern  Town  on  or  before  the  24""  of  this  instant  and  apply  to  the  Com- 
missioners appointed  for  exchanging  such  Bills  shall  be  precluded  from 
exchanging  such  Bills  hereafter.  And  that  the  said  Commissioners  ap- 
pointed for  the  exchanging  the  said  Bills  do  destroy  those  Bills  they  have 
already  exchanged  by  burning. 

Sir  Richard  Everard  moved  this  House  that  the  Petition  of  George 
Linington  praying  to  be  allowed  a  Bounty  for  making  Indigo  which 
should  have  been  sent  \\'ith  the  Bill  for  that  puri)ose  may  now  be  sent  to 
the  Upper  House. 

Sent  the  same  by  M'  Bryan  and  M''  Weeks. 

Read  and  sent  to  the  Upper  House  the  following  Bills  viz'  A  Bill  for 
an  Act  for  appointing  Sheriffs  in  the  room  of  Marshalls — with  Amend- 
ments. 

A  Bill  for  an  Act  for  destroying  Vermin — with  amend" 

A  Bill  for  an  Act  for  the  better  ascertaining  the  Fees  for  the  several 
OflRcers  within  this  Province. 

A  Bill  for  an  Act  declaring  wiiat  shall  be  deemed  a  sufficient  cultiva- 
tion of  Lands  &c — with  amendments. 

A  Bill  for  an  Act  for  the  more  effectually  establishing  a  ferry  from 
Bath  Town  to  Core  Point  &c. 

A  Bill  for  an  Act  appointing  a  Town  in  Hyde  County  &c. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours, 

It  is  the  resolution  of  this  House  that  all  persons  who  have  any  of  the 
Publick  Bills  of  this  Province  in  their  hands  made  in  the  year  1729  aiid 


COLONIAL  RECORDS.  395 


do  nut  appear  at  New  Bern  Town  on  or  before  the  24tli  of  tliis  in.stant 
February  and  apply  to  the  Coram"  appointed  for  exdianging  such  Bills 
shall  be  precluded  from  exchanging  such  Bills  hereafter.  And  that  the 
Comm"  appointed  for  exchanging  the  said  Bills  do  destroy  those  Bills 
they  have  already  exchanged  by  burning  them 

Sir  Richard  Everard  moved  this  House  for  leave  to  bring  in  a  Bill  to 
declare  all  the  fines,  forfeitures,  penalties  or  summs  mentioned  in  the 
Laws  made  under  the  late  Ivords  Proprietors,  to  be  proclamation  money. 

Ordered  he  have  leave  to  ])repare  and  bring  in  the  said  Bill. 

The  House  adjourned  till  4  o'clock  post  merid" 

The  House  met  according  to  Adjournment. 

Sir  Richard  Everard  from  the  Committee  for  settling  thePublick  Ac- 
counts reported  that  tlie  several  Treasurers  and  other  Receivers  of  the 
Publick  moneys  hath  not  attended  the  said  Committee  according  to  order 
and  pi-ayed  the  aid  of  the  House  that  M""  Speaker  would  issue  his  war- 
rant to  cause  the  said  Treasurers  &c  to  appear  and  bring  in  their  accounts. 

Resolved,  That  M'  Speaker  issue  his  warrant  accordingly. 

Read  the  Petition  of  James  Lord,  Praying  to  be  exempt  from  paying 
publick  taxes  and  working  on  the  roads.     The  same  granted. 

Sent  the  following  Message  to  the  Upper  House. 

To  the  Hon"'  the  Upper  House, 

May  it  please  your  Honors. 

In  the  Bill  for  ascertaining  Officers'  Fees  in  this  Province  the  collectors 
and  naval  Officers  Fees  are  omitted  by  a  mistake  in  not  tacking  them  to 
the  Bill     we  have  sent  them  that  they  may  be  tack''  thereto 

Ordered  That  a  messenger  be  sent  with  M'  Speaker's  Warrant  for 
Samuel  Johnston  Esq"  M"'  Rob'  Turner  M'  Richard  Rustall,  and  M' 
Robert  Forster  to  act  with  the  Committee  of  Publick  Accounts  for  the 
moneys  in  their  hands  belonging  to  the  Publick 

The  House  adjourned  till  to  morrow  morning  11  o'clock. 

Thursday  y'  27th  February  1738. 

The  House  met  according  to  Adjournment. 

The  House  adjourned  till  4  o'clock  post  merid" 

The  House  met  according  to  Adjournment. 

M' Samuel  Swann  one  of  the  Ex"  of  John  Baptista  Ash  deceased,  who 
was  Precinct  Treasurer  for  New  Hanover  Precinct  moved  that  this  House 
would  give  an  order  to  Eleazer  Allen  who  succeeded  the  said  Ash  in  the 
Office  of  Treasurer  for  the  said  Pre<'inct  to  pay  the  Ex"  of  said  Ash  the 


396  COLONIAL  RECORDS. 


moneys  allowed  by  Law  for  emitting  the  Publick  moneys  of  the  said 
Precinct  which  the  said  Ash  in  his  life  time  emitted. 

Ordered  That  the  said  Eleazer  Alien  Esq"  pay  the  said  Ex"  the  money 
allowed  by  Law  for  emitting  the  Publick  moneys  emitted  by  the  said  Ash 
ill  his  life  time  And  he  is  accordingly  directed  to  pay  the  same. 

M'  Castelaw  moved  the  House  for  leave  to  bring  in  a  Bill  for  rating 
tlie  Commodities  of  this  Province  in  proj)ortion  to  Proclamation  money. 

Ordered  that  M'  Castelavv,  M'  Lee  and  M'  Starkey  do  prepare  and 
bring  in  the  same. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  providing  his 
Majesty  a  Rent  roll  &c — with  amendments.  And  a  Bill  for  an  Act  for 
tiie  Better  supporting  of  the  Clergy  of  this  Province. 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  to  prevent  killing 
of  Deer  at  unseasonable  times — And  a  Bill  for  an  additional  Act  to 
ascertain  the  Manner  of  laying  a  poll  tax  and  the  sum  necessary  for 
building  a  Court  House  prison  and  Stocks  on  W""  Webster's  Plantation 
in  Hyde  Precinct. 

Received  from  tlie  Upper  House  the  Bill  for  an  Act  for  destroying- 
Vermin. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  appointing 
Circuit  Courts  &c. 

The  House  adjourned  till  to  morrow  10  o'clock. 

Frydayy'  23'"  of  Feb^^  17:58.  [1739]  The  House  met  according  to 
Adjournment. 

The  House  adjourned  till  4  o'clock  Post  merid : 

The  House  met  according  to  Adjournment. 

Received  from  the  Upper  House  a  Bill  for  an  Act  for  appointing 
Sheriifs  in  the  room  of  Marshalls  &c — and 

A  Bill  for  an  Act  declaring  what  shall  be  deemed  a  sufficient  cultiva- 
tion of  Lands  &c. — and 

A  Bill  for  an  Act  for  the  better  ascertaining  the  Fees  of  the  several 
Officers  within  this  Province. 

Sent  the  following  Message  to  the  Upper  House 

May  it  pleask  your  Honours, 

This  House  desires  a  conference  with  your  House  to  treat  on  the  fol- 
lowing heads  contained  in  the  Quit  Rent  Bill  and  that  your  Honours 
would  appoint  a  time  and  jilace  for  this  House  to  attend  your  Honours 
for  the  same  purpose. 

1"  On  the  provisional  clause  to  prevent  any  construction  in  that  Act 
to  revoke  the  Grand  Deed  in  all  its  parts. 


COLONIAL  RECORDS.  397 


2'"^  That  the  word  sterling  \w  .struck  out  in  the  rating  of  tiie  Com- 
modities. 

gdiy  --pijaf  paying  tiie  rated  Commodities  e.xtend  generally  to  all  parts 
of  this  Province  and  the  manner  of  packing. 

4«'iy  That  the  Clause  be  again  incerted  for  allowing  15  ^  cent  for  car- 
rying the  rated  Commodities  to  the  Ware  Houses  for  payment  of  Quit 
Rents. 

_^thiy  'pjijjj-  jjijy  payment  in  Gold  (ti-  Silver  in  discharge  of  Quit  Rents 
shall  be  taken  in  Proclamation  money. 

gthiy  jj^jjj-  jj  clause  be  again  incerted  to  limit  a  time  of  distress  for  tiic 
arrears  of  Quit  Rents  now  due. 

Received  from  the  Upper  House  the  Bill  for  an  Act  to  erect  a  (loai 
&c.  at  Edenton — with  amendments — and 

A  Bill  for  an  Act  for  encouragement  and  better  regulation  of  the 
Town  of  Edenton — with  amendments. 

Received  the  following  Message  from  the  Upper  House. 

M'  Speaker  &  Genti^emen 

As  we  are  willing  to  conchuh;  tlie  debates  of  the  Quit  Rent  Bill  in 
such  a  way  as  becomes  the  two  Houses  we  readily  consent  to  the  confer- 
ence you  have  desired  on  the  several  heads  mentioned  in  your  Message 
and  have  accordingly  appointed  to  morrow  morning  at  10  o'clock  at  the 
Council  Chamber  to  be  the  time  and  place  for  it. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  to  erect  a  Goal 
&c.  at  Edenton. 

A  Bill  for  an  Act  tor  encouragement  and  better  regulation  of  the 
Town  of  Edenton. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Saturday  y"  24*  Feb^^  1738.  [1739]  The  House  met  according  to 
Adjournment. 

The  House  in  a  full  body  waited  on  the  Upper  House  to  confer  on  the 
several  Articles  relating  to  the  Quit  Rent  Bill. 

Reported  That  the  several  Articles  relating  to  the  said  Bill  were 
debated — &  mov'd  the  s''  Bill  might  lye  on  the  Table. 

Ordered  The  said  Bill  lye  on  the  Table  till  Monday  morning. 

Received  from  the  Upper  House  the  Bill  for  an  Act  to  erect  a  Goal 
&c.  at  Edenton — endorsed,  ordered  to  be  engrossed.  And  A  Bill  for  an 
Act  for  the  encouragement  &  better  regulation  of  the  Town  of  Edenton 
— endorsed,  ordered  to  be  engrossed.  And  A  Bill  for  an  Act  to  prevent 
killing  Deer  at  unseasonable  times. 


398  COLONIAL  RECORDS. 


Read  the  Petition  of  the  Inhabitants  of  that  part  of  Craven  Pret'inct 
lying  on  the  East  side  of  Beards  Creek  on  the  North  side  of  N'use  River 
to  the  mouth  of  said  River  and  also  the  Inhabitants  of  Bear  River. 

Praying  that  part  of  Craven  Precinct  and  Bear  River  might  be  a  dis- 
tinct Precinct. 

Ordered  the  said  Petition  be  rejected. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  destroying 
Vermin — with  amendments. 

The  House  adjourned  till  Monday  morning  11.  d'cldck. 

Monday  y"  26'"  of  Feb'^  1738.  [1739]  The  House  met  according  to 
Adjournment. 

Sent  to  the  Upper  House  the  Bill  for  an  Act  for  destroying  Vci-min. 
The  House  adjourned  for  half  an  hour 

The  House  met  according  to  Adjournment. 
The  House  adjourned  till  3.  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 

M'  Fred''  Jones  one  of  the  Committee  for  setling  Publick  Accomits 
moved  the  House  as  he  underwent  a  great  deal  of  difficulty,  being  lame, 
in  attending  the  said  Committee  that  Col :  W"  Wilson  might  be  appointed 
one  of  the  said  Comniittee  in  his  room. 

Ordered  That  the  said  W"  Wilson  be  appointed  pursuant  to  the  said 
motion. 

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

Tuesday  y»  27'"  Feb'^  1738.  [1739]  The  House  met  according  to 
Adjournment. 

Read  the  Petition  of  the  Comm"  for  emitting  the  Bills  of  Credit  in 
this  Province  in  the  year  1735.  (viz') 

Gentlemen  of  the  Committee, 

We  are  sorry  that  this  Assembly  have  met  at  so  great  a  distance  from 
the  place  appointed  to  examine  the  old  Bills  and  Vouchers  for  our  pay- 
ment of  the  claims  or  kept  so  that  we  could  not  bring  the  old  Bills 
examined  nor  the  Vouchers  for  the  payment  of  the  claims  without  very 
great  risque  for  a  loss  in  either  would  put  it  out  of  our  power  to  com- 
pleat  our  Accounts. 

Therefore  we  now  only  can  give  you  Ace'  that  we  have  in  old  Bills 
ex''  £37879  ;  15  :  6.  and  have  £3300.  in  new  Bills  left  in  our  hands  at 
least  but  are  not  able  at  present  to  make  a  perfect  settlement  because  all 
the  Claims  are  not  paid. 


COLONIAL  RECORDS.  399 


Therefore  we  request  tliRt  yon  would  recoiiimend  to  botli  Houses  that 
a  Committee  be  appointed  to  examine  tlie  old  Bills  and  see  them  destroyccl 
and  to  examine  our  accounts  and  report  to  the  next  Assembly  And  that 
proper  orders  may  be  given  concerning  the  Countin  [?]  parts  and  how  we 
are  to  dispose  of  the  money  now  in  our  hands  which  will  greatly  ol)lige 
Gentlemen  Your  most  H*''  servants 

ELEAZ:  ALLEN        CULLEN  POLLOCK 
W"  DOWNING  JAMES  CASTELAW 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  yoitr  Honours. 

We  send  you  herewith  a  Petition  from  the  Commissioners  for  emitting 
and  exchanging  the  new  Bills  of  Credit  of  this  Province  and  desire 
your  Concurrence  in  granting  their  requests  as  by  the  Petition  set  forth 
to  which  we  refer  y(ju  and  likewise  we  desire  you'l  joyn  with  this  House 
in  requesting  his  Excellency  to  order  the  said  Comm"  to  pay  to  this 
House  the  money  in  their  hands  not  exchanged  in  order  to  discharge  the 
Publick  debts  of  this  Province. 
,  To  which  the  Upper  House  concurred. 

Read  and  sent  the  Bill  for  an  Act  for  providing  his  Majesty  a  rent  roll 
&c.  to  the  LTpper  House — with  amendments. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  tlestroying 
Vermin — Ordered  to  be  engrossed. 

A  Bill  for  an  Act  for  appointing  Circuit  Courts  &c. — with  amend- 
ments. 

Sir  Richard  Everard  moved  this  House  tliat  two  of  the  Members  thereof 
might  be  appointed  to  draw  an  address  to  his  Excellency  that  he  would 
be  pleased  to  allow  the  House  to  incert  a  Clause  in  the  Quit  Rent  Bill 
that  flax  may  be  received  in  payment  of  Quit  Rents. 

Ordered  Tliat  Sir  Richard  Everard  and  M'  Swann  do  prepare  and  pre- 
sent the  said  address. 

The  House  adjourned  till  3  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 

M'  Walter  Lane  one  of  the  Membei-s  of  this  House  moved  that  M' 
John  Powell  is  guilty  of  a  breach  of  priviledge  of  this  House  by  threat- 
ning  the  said  Member  to  pistol  him  for  proffering  a  Bill  to  this  House 
before  he  consulted  him. 

Ordered  The  said  Powell  be  sent  for  to  the  barr  of  this  House  in  cus- 
tody of  the  Serjeant  at  arms  to  answer  &c. 

M'  Maurice  Moore  one  of  the  Members  of  this  House  moved  for  leave 
to  absent  from  the  sen  ice  of  the  House  his  family  being  very  sick. 


400  COLONIAL  RECORDS. 


Ordered  he  have  leave  to  absent  aceordiiifily. 

Read  and  i^ent  to  the  Upper  House  tlie  Bill  for  an  Act  to  prevent  the 
concealment  of  tythables  in  the  several  Counties  within  this  Province  for 
declaring  what  persons  shall  be  deemed  tithables  and  layinsi  a  poll  tax 
for  defraying  the  standing  and  contingent  charges  of  Government  & 
apjiointing  publick  Treasurers  for  this  Province. 

This  House  being  informed  that  M'  John  Powell  waited  at  the  door  of 
this  House  in  custody  of  the  Serjeant  at  arms 

Ordered  he  be  brought  to  the  barr  of  the  House. 

The  breach  of  priviledge  for  which  the  said  Powell  was  oi-dered  to  the 
barr  of  this  House  being  jjroved  to  the  satisfaction  of  the  House. 

Ordered  he  ask  pardon  at  the  barr  of  this  House  on  his  knees  and  pay 
to  the  Clerk  of  this  House  three  pounds  and  to  the  serjeant  at  arms  two 
pounds  for  their  Fees  and  that  he  remain  in  custody  till  he  complys  with 
the  above  Order  and  pay  five  pounds  "^  day  for  every  day  he  shall  so 
remain  in  custody  for  the  s*  contempt. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  declaring  what 
shall  l)e  deemed  a  sufficient  cultivation  of  Lands  &c. 

And  a  Bill  for  an  Act  to  prevent  killing  horses  &c. 

Received  the  following  Message  from  the  Upper  House  (viz :) 

M'  Speaker  &  Gentlemen, 

On  reading  the  Quit  Rent  Bill  the  third  time  we  find  it  will  be  neces- 
sary to  make  some  amendments  on  the  following  heads  on  which  we  desii'e 
a  conference  to  morrow  morning  1"  in  the  rating  of  hemp  in  one  part  of 
the  Bill  it  is  put  3^*  proclamation  &  in  the  other  3*  pr(jclamation,  we 
propose  to  strike  out  the  halfpenny  in  the  first  to  make  it  uniform  and  to 
iucert  flax  in  both  places  at  3''  "^  pound. 

2*  We  think  the  word  money  in  the  Clause  for  paying  the  Quit  rents 
in  gold  and  silver  is  superfluous  and  that  it  ought  to  be  struck  out. 

3*  That  the  Quit  rents  for  Hyde  Precinct  be  paid  at  Bath  Town  as 
usual  and  not  in  Hyde  Precinct. 

4""  That  the  Quit  rents  for  Carteret  Precinct  be  paid  at  New  Bern  and 
not  at  Beaufort  Town. 

5tiiiy  xhat  the  Quit  rents  for  Onslow,  Bladen  &  New  Hanover  Precincts 
be  j)aid  at  Newton  &  not  at  any  other  jilace. 

Sent  the  following  message  to  tlie  Up])er  House 

May  it  please  your  Honours, 

In  complyance  to  your  Message  this  House  will  wait  on  your  Honours 
to  morrow  morning  in  order  to  confer  on  the  proposed  heads  in  the  Quit 
Rent  Bill. 

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


COLONIAL  RECORDS.  loi 


Wednesday  y'  28*  of  Feb'^  1738.  [1739]  The  House  met  according  to 
Adjournment. 

The  House  in  a  full  body  went  to  the  Upper  House  to  argue  tiic 
Articles  proposed  on  the  quit  rent  Bill  and  M"^  Hodgson  and  Sir  Richard 
Everard  Bart,  were  appointed  in  beliaif  of  tiiis  House  to  debate  tiie  same. 

The  several  articles  in  conference  were  debated  &  M'  Speaker  with  the 
Members  returned  to  the  House 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  appointing 
Circuit  Courts  &c. 

Sir  Richard  Everard  moved  this  House  would  make  an  Order  that 
no  person  might  be  admitted  in  this  House  whilst  anything  was  debating 
except  a  Member  thereof. 

Resolved  that  no  person  be  admitted  in  this  House  when  the  House 
is  in  any  debate  without  leave  first  had  of  M'  Speaker. 

The  House  adjourned  till  3  o'clock  post  nierid : 

The  House  met  according  to  Adjournment. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  for  making, 
cleaning  and  repairing  the  roads,  for  making  bridges  and  settling  ferrys 
for  the  more  convenient  traveling,  passing  of  ferrys  and  carrying  bv 
land  all  goods  &  merchandizes  or  other  things  within  this  Province. 

And  a  Bill  for  an  Act  to  prevent  killing  Deer  at  unseasonable  times. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  providing  his 
Majesty  a  rent  roll  &c.  Endoi-sed,  read  the  third  time  and  passed  with 
amendments. 

Received  a  message  from  the  Upper  House  with  the  above  Bill. 

M'  Speaker  &  Gentlemen, 

We  herewith  send  you  the  quit  reut  Bill  read  a  third  time  in  our 
House  and  passed  with  amendments — 

1"  That  the  price  of  Hemp  is  rated  3''  proclamation. 

2*  Flax  added  to  the  Commodities  at  3''  ^  lb.  proclamation. 

3^'^  The  landings  are  altered  for  Bath  County  and  the  Quit  rents 
made  payable  at  Bath  Town,  New  Bern  &  Newton 

^thiy  ^Y  j^Qjj  obstante  clause  added  to  the  clause  tor  the  payment  of  old 
rents  for  Albemarle  County. 

To  which  we  desire  your  concurrence. 

Sent  the  following  message  to  the  Upper  House 
May  it  please  yoxjr  Honours. 

In  answer  to  your  Message  with  the  Quit  rent  Bill  we  have  con- 
curred with  your  amendments  and  have  ordered  the  said  Bill  to  be  en- 
grossed. 

51 


402  COLONIAL  KECOKDS. 


Received  from  the  Upper  House  a  Bill  for  an  Act  to  appoint  circuit 
courts  &c. 

Endorsed  Ordered  to  be  engrossed 

The  House  adjourned  till  to  morrow  8.  o'clock. 

Thursday  March  P'  1738.  [1739]  The  House  met  according  to  Ad- 
journment. 

Received  from  the  Upper  House  the  Bill  for  an  Act  declaring  what 
shall  be  deemed  a  sufficient  cultivatiou  &c.. 

Endorsed,  ordered  to  be  engrossed. 

And  a  Bill  for  an  Act  to  prevent  the  concealment  of  Tithables  &c. 

And  a  Bill  for  an  Act  to  ascertain  the  manner  of  laying  a  poll  tax 
and  the  sum  necessary  &c. 

Reported  by  Sir  Richard  Everard  Bart,  from  the  Committee  for  set- 
tling the  publick  accounts  that  M'  Winright  the  receiver  of  the  powder 
money  of  Port  Beaufort  appeared  before  the  Committee  and  told  them  as 
he  was  coming  to  the  said  Committee  his  Excellency  the  Governor  called 
to  him  and  asked  him  if  he  had  paid  the  powder  money  and  seemed  to 
intimate  that  he  expected  he  would  not  pay  any  powder  money  to  the 
said  Committee  without  his  warrant. 

The  House  adjourned  till  3  o'clock  post  merid : 

The  House  met  according  to  Adjourmnent. 

Sir  Richard  Elverard  reported  to  this  House  that  he  had  waited  on  his 
Excellency  the  Governor  according  to  the  commands  of  this  House  and 
conferred  with  his  Excellency  touching  the  Powder  receivers  of  this 
Province  who  answered  that  he  thought  the  money  raised  by  the  Laws 
of  this  Province  as  powder  money  ought  to  be  applyed  tci  the  advantage 
of  navigation  for  which  it  was  raised  that  this  House  formerly  made  use 
of  one  thousand  tive  hundred  pounds  being  powder  money  which  they 
engaged  themselves  to  repay  but  as  he  was  sensible  there  would  be  now 
a  considerable  sum  wanting  to  defray  the  publick  debts  he  consented  that 
the  powder  money  should  be  now  made  use  of  for  that  purpose  and  that 
he  would  trust  to  the  honour  and  justice  of  this  House  for  the  repay- 
ment of  such  powder  moneys  as  should  be  so  used  and  that  his  Excell"^ 
desired  the  House  would  nominate  and  recommend  such  persons  to  re- 
ceive the  publick  moneys  as  they  could  confide  in  which  would  be  greatly 
to  his  satisfaction  That  he  hoped  as  the  powder  money  was  to  be  applyed 
to  the  use  of  the  navigation  of  this  Province  this  House  would  provide 
a  bank  for  the  support  of  the  contingent  charges  of  this  Government. 

The  House  adjourned  till  to  morrow  9  o'clock. 


COLONIAL  llECORDS.  403 


Fryday  y"  2"  of  Mardi  1738.  [1739]  The  House  met  aecordiuj;  to 
Adjournment. 

Read  and  sent  to  tlie  LTpper  House  the  Bill  for  an  Aet  for  the  better 
ascertaining  the  Fees  of  tlie  several  Officers  within  this  Province  with 
Amendments. 

Edward  Moseley  Esq"  appeared  liefore  this  House  and  desired  to 
resign,  his  Office  of  Precinct  Treasurer  of  Cliowan  whose  resignation  was 
accordingly  accepted. 

Resolved  That  M'  Hodgson,  M"  Luten,  and  M'  Blount  be  recom- 
mended to  his  Excellency  the  Governor  for  his  approlwtion  of  one  of 
them  to  execute  the  said  Office. 

The  Office  of  Precinct  Treasurer  for  Pequimons  being  vacant  by  the 
death  of  M'  Denman  late  Treasurer  thereof. 

Resolved  by  this  House  that  M''  Sutton,  JVP  Scarbrough  and  M"  Long 
be  recommended  to  his  Excellency  the  Gover'  for  his  approbation  as 
before. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  to  prevent  the 
concealment  of  tithables  &c  with  amendm** 

Read  a  Bill  for  an  Act  to  ascertain  the  manner  of  laying  a  poll  tax 
and  the  sum  necessary  &c.  Which  was  rejected 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  yoitr  Honours. 

We  have  nominated  the  following  persons  to  be  powder  receivers  for 
the  several  ports  &  places  within  this  Province  (viz.)  for  Port  Roanoak 
M'  John  Blount,  for  Port  Bath  M''  Benj.  Peyton,  for  old  Topsail  Inlet 
M'  Tho.  Lovick,  for  Nuse  River  M'  W"  Wilson  For  Port  Currituck 
M'  Stephen  Williams,  for  Port  Brunswick  M'  Tho.  Clitford  and  for 
Bear  Inlet  M"  Abraham  Mitchell.  To  which  desire  your  Honours  con- 
currence. 

The  House  adjourned  till  3  o'clock  post  merid  : 

Read  the  Petition  of  'iichard  Rustel  Treasurer  of  Carteret  Precinct. 
Praying  he  may  resign  his  said  Office  and  that  another  person  be  ap- 
pointed in  his  stead. 

Read  and  sent  to  the  Upi>er  House  a  Bill  for  an  Act  to  ei-ect  a  Court 
House  and  Goal  in  New  Bern. 

Sent  the  following  Message  to  his  Excellency  the  Gov' 

May  it  please  your  Excellency, 

Edward  Moseley  Esq"  having  before  this  House  resignal  liis  Office 
of  Treasurer  for  Chowan  Precint  we  therefore  recommend  to  vour  Excel- 


404  COLONIAL  RECORDS. 


lency  M'  John  Hodgson,  M'  Tho.  Luten  and  M'  J""  Blonnt  for  your 
approbation  of  one  of  them  to  execute  the  said  Office  upon  which  his 
Excellency  was  pleased  to  approve  of  M'  Hodgson  who  was  accordingly 
appointed  to  execute  the  s*  office 

Sent  the  following  message  to  his  Excellency  the  Gov' 

May  it  please  your  Excellency, 

M'  Richard  Rustul  having  resigned  liis  Office  of  Treasurer  for  Car- 
teret Precinct,  we  therefore  recommend  to  your  Excellency  M'  Jas  Win- 
right  for  your  Excellency's  approbation  to  execute  the  said  office 
whereupon  his  Excellency  was  pleased  to  approve  of  M'  James  Winright 
who  was  accordingly  appointed  to  execute  the  said  Office. 

Sent  the  following  Message  to  the  Upper  House  viz : 

May  it  please  your  Honours, 

This  House  having  resolved  that  fifty  pounds  be  given  to  the  Rev* 
M'  John  Lappiere  desire  your  Honours  concurrence. 

Received  from  the  Upper  House  the  Bill  for  an  Act  to  prevent  killing 
Deer  at  unseasonable  times.  Endorsed,  Read  the  third  time  and 
passed     Ordered  to  be  engrossed. 

Sent  the  following  message  to  his  Excell"^  the  Gov'  (viz') 

May  it  please  your  Excell^ 

It  being  certified  to  this  House  that  M'  Charles  Denman  Treasurer 
of  Pequimons  Precinct  is  dead  whereby  the  Office  of  Treasurer  for 
the  s*  Precinct  is  vacant. 

We  therefore  recommend  to  your  Excellency  M'  Joseph  Sutton,  M' 
McRora  Scarbrough  and  M'  Joshua  Long  for  your  Excell^"  approbation 
of  one  of  them  to  execute  the  said  Office,  upon  which  his  Excellency 
was  pleased  to  approve  of  M'  Scarbrough  who  was  accordingly  ap- 
pointed to  execute  the  said  Office. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Saturday  y°  3'*  of  March  1738.  [1739]  The  House  met  according  to 
Adjournment. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  facilitating 
the  navigation  &c — with  amendments. 

And  a  Bill  for  an  Act  to  prevent  the  concealment  of  Tithables  &c. 

Read  and  sent  to  the  Upper  House  the  above  two  Bills. 

And  a  Bill  for  an  Act  appointing  a  Town  on  the  Plantation  wiiere 
W"  W^ebster  now  dwelleth  &c. 

The  House  adjourned  till  3  o'clock  post  mcrid  : 


COLONIAL  RECORDS.  405 


The  House  met  according  to  Adjournmeut. 
The  House  adjourned  till  Monday  9  o'clock. 

Monday  y'  5""  of  March  17.38.  [1739]  The  House  met  according  to 
Adjournment. 

Received  the  following  message  from  the  Upper  House 

M'  Speaker  &  Gentlemen, 

On  reading  the  navigation  Bill  the  third  time  we  have  made  one 
amendment  (viz')  We  think  five  Comm"  for  Brunswick  sutticient  and 
therefore  have  struck  out  Mr  Clifford  &  Mr  Murray  To  whidi  desire 
your  concurrance. 

Received  the  above  Message  with  this  endorsement. 

This  House  concurs  with  the  abov^raessage. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours 

We  desire  the  temporary  clause  herewith  sent  may  be  added  to  the 
Act  for  facilitating  Navigation  &c.  it  being  forgot  by  this  House  before 
we  sent  the  Bill  up  (viz')  And  be  it  enacted  by  &c.  That  this  Ac- 
shall  continue  in  force  for  six  years  after  the  ratification  hereof  and  no 
longer  To  which  this  House  agreed. 

Sent  the  following  message  to  tiie  Upper  House 

May  it  please  your  Honours, 

This  House  taking  into  consideration  the  illconveniences  this  Prov- 
ince in  general  lyes  under  for  the  want  of  a  copy  of  the  several  laws 
now  in  force  since  the  year  1733  being  delivered  to  the  several  County 
Courts  of  this  Province  whereupon  this  House 

Resolved  That  William  Herritage  Clerk  of  this  House  have  and 
receive  fifteen  pounds  out  of  the  Publick  moneys  to  obtain  a  Copy  of 
the  said  Laws  from  the  Secretary's  Office  and  if  any  surplus  shall  remain 
out  of  the  said  fifteen  pounds  that  the  said  Clerk  account  for  the  same 
to  this  House  and  if  the  said  sum  shall  not  be  sufficient  for  the  use 
aforesaid,  that  then  the  Clerk  shall  be  allowed  a  claim  for  so  much  he 
shall  advance  for  the  said  use  and  that  the  said  Clerk  do  from  the  Copy 
to  be  obtained  as  aforesaid  transcribe  and  transmit  a  Copy  of  the  said 
several  Laws  to  each  and  every  County  in  this  Province,  and  that  he 
be  allowed  and  paid  four  pence  "^  Copy  sheet  each  sheet  containing  ninety 
words  and  that  when  the  said  service  shall  be  performed  the  Clerk  of 
each  County  Court  is  hereby  directed  to  give  a  certificate  of  the  rec'  of 
the  said  Acts  and  of  the  number  of  sheets  and  upon  shewing  such  Cer- 


406  COLONIAL  RECORDS. 


tificate  the  Governor  or  Commander  in  Chief  for  tlie  time  l)einii'  sliall 
issue  his  warrant  for  payment  thereof  to  the  s*  Clerk. 
Desire  your  Honours  .Concurranoe. 

Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours. 

We  have  appointed  John  Montgomery  Esq''^,  M"' Hodgson,  M'' Stevens 
Lee,  M"'  Spruill,  M"'  Smithwick  and  M"  Anderson  or  the  Majority  of 
them  to  joyn  such  Members  of  your  House  as  shall  be  appointed  to 
examine  and  burn  the  old  Bills  which  have  been  exchanged  for  those  of 
the  new  emission  and  to  report  the  same  to  the  next  Assembly,  and  also 
to  order  the  disposal  of  the  counterparts  of  the  said  Bills  and  to  settle 
the  accounts  with  the  Comm"^^  appointed  for  the  emitting  the  New  Bills 
and  to  re]3ort  the  same  as  aforesaid 

May  it  please  your  Honours, 

The  Law  for  payment  of  the  Members  of  Assembly  of  this  Province 
being  expired  since  the  last  session  we  therefore  desire  your  Honours  will 
agree  with  us  in  passing  an  Ordinance  for  the  payment  of  the  Members 
of  this  present  session  of  Assembly. 

That  the  Speaker  of  this  House  be  paid  the  same  Wages  for  his  ser- 
vice in  Assembly  as  the  President  of  yours.  That  all  the  Members  of 
this  present  Assembly  be  paid  in  the  same  manner  as  by  the  Law  for  the 
payment  of  Assemblys  now  expired  is  directed. 

Received  from  the  Upper  House  the  Bill  for  an  Act  to  prevent  the 
concealment  of  Tithables  &c. 

Endorsed,  ordered  to  be  engrossed. 

And  a  Bill  for  an  Act  for  facilitating  Navigation  &c. 

Endorsed,  ordered  to  be  engrossed. 

And  a  Bill  for  an  Act  for  appointing  a  Town  on  the  Plantation 
whereon  W"  Webster  now  dwelleth  etc. 

Endorsed  Ordered  to  be  engrossed. 

Received  a  message  from  his  P^xcell^  the  Gov'  in  these  words 

M'  Speaker  &  Gentlemen 

I  command  the  attendance  of  your  House  in  the  Council  Chanil)er 
with  what  Bills  are  engrossed — Immediately 

GAB:  JOHNSTON. 

The  House  adjourned  till  4  o'clock  post  merid : 


CiOJ.ONIAL  KECXJKDS.  407 


The  Hoii.se  met  according  to  adjournnient. 

The  House  in  a  full  body  waited  on  ids  Excell^  the  Gov'"  in  tiie  Coun- 
cil Chamber  and  M"  Spealver  presented  to  liini  the  Act  for  providing  ins 
Majesty  a  Rent  Roll  &c.  And  the  Bill  for  an- Act  declaring  what  shall 
be  deemed  a  sufficient  cultivation  of  Lands  &c. 

To  which  his  Excellency  assented.  And  Ordered  the  Great  Seal  of  the 
Province  to  be  affixed  tiiereto. 

The  House  adjourned  till  to  morrow  8.  o'clock. 

Tuesday  y'  6'"  of  March  17;j8.  [1739]  The  House  met  according 
to  Adjournment. 

M'  Hodgson  moved  this  House  tiiat  an  Address  be  presented  to  his 
Excellency  the  Governor  that  he  would  be  pleased  to  prorogue  this 
Assembly  to  Edenton. 

Which  was  put  to  the  vote  and  carried  in  tlie  affirmative. 

Ordered  that  M'  Hodgson  and  M'  Anderson  do  prepare  and  bring  in 
the  same. 

Which  they  did  &  presented  the  same  to  the  House. 

Resolved  nem :  con :  that  the  same  be  presented  to  his  Excellency  the 
Governor. 

Sir  Richard  Everard  Bart  moved  the  House  that  the  following  Per- 
sons might  be  appointed  to  revise  the  Laws  of  this  Province  now  in  force 
in  conjunction  with  such  of  the  Members  of  the  Upper  House  as  they 
shall  appoint  and  report  what  Laws  will  be  necessary  to  make  for  the 
puljlick  weal  of  this  Province  to  the  next  Assembly  viz'.  M'  Hodgson, 
John  Montgomery  Esq"''  and  M""  Anderson  for  the  northern  parts  of  this 
Province,  and  Sir  Rich''  Everard,  M''  Sam.  Swann  and  M'  John  Swann 
for  the  southward  part  of  this  Province,  and  they  were  accordingly 
appointed. 

Sent  the  following  Message  to  the  Upper  House 

May  it  Please  your  Hoxours, 

This  House  having  appointed  the  following  persons  to  be  Couiui"  for 
revising  the  Laws  now  in  force  in  this  Province  in  conjunction  with  sucli 
Members  of  your  House  as  your  Honours  shall  be  pleased  to  appoint 
viz:  John  Montgomery  Esq'",  M'  Hodgson  and  M'^  Anderson  to  joyn 
some  of  your  House  at  Edenton  and  Sir  Richard  Everard,  I\P  Sam  : 
Swann  and  M'  John  Swann  to  joyn  some  of  your  Members  at  Cape  Fear. 

Desire  vour  Honours  Concurrence. 


408  COLONIAL  RECOKDtt. 


Sent  the  following  Message  to  the  Upper  House 

May  it  please  your  Honours, 

We  are  preparing  an  estimate  of  the  wages  due  to  the  Members  of  this 
House  this  Session  and  also  of  former  Assemblys  and  desire  an  estimate 
of  those  of  your  House  to  make  the  same  compleat. 

Received  the  following  Message  from  the  Upper  House 

M'  Speaker  you  togeather  witii  the  other  Gentlemen  appointetl  by  your 
House  for  rating  the  Currency  of  this  Province  are  commanded  to  give 
your  attendance  at  the  Council  Chamber  imediately 

Signed  GAB:  JOHNSTON. 

The  House  adjourned  for  one  hour. 

The  House  met  according  to  Adjournment. 

The  House  adjourned  till  3  o'clock  post.merid: 

The  House  met  according  to  Adjournment. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Gov :  in  the 
Council  Chamber  and  M'  Speaker  presented  to  him  the  following 
Bills  viz : 

The  Bill  for  appointing  Sheriffs  in  the  room  of  Marshals. 

The  Bill  for  appointing  Circuit  Courts  &c. 

The  Bill  for  facilitating  Navigation  &c. 

The  Bill  for  erecting  a  Goal  at  Edenton  &c. 

The  Bill  for  regulating  the  Town  of  Edenton  &c. 

The  Bill  to  prevent  the  concealment  of  Tithables  &c. 

The  Bill  for  destroying  Vermin  &c. 

The  Bill  for  a  Town  in  Hyde  County  &c. 

The  Bill  to  prevent  killing  Deer  &c. 

To  which  his  Excellency  assented  and  ordered  the  Great  Seal  of  the 
Province  to  be  affixed  thereto. 

Then  His  Excellency  was  pleased  to  prorogue  this  Assembly  till  to 
morrow  at  New  Bern. 

M'  Speaker  and  the  rest  of  the  Members  returned  to  the  House  and 
pronounced  the  Prorogation  accordingly. 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  New  Bern,  the  sixth  day  of  Feb- 
ruary one  thousand  seven  hundred  and  thirty  eight  in  the  twelfth  year 
of  the  reign  of  our  Sovereign  Lord  George  the  second  by  the  Grace  of 
God  of  Gi'eat  Britain,  France  and  Ireland  King  &c — and  continued  by 
prorogation  to  the  seventh  day  of  March  following  being  the  second  Ses- 
sion of  this  present  Assembly. 


COLONIAL  RECORDS.  409 


Received  a  Message  from  his  Excellency  the  Governor  commanding 
the  immediate  attendance  of  this  Honse  at  the  Council  Chamber. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Governor  at 
the  Council  Chamber,  when  his  Excellency  was  pleased  to  make  the  fal- 
lowing Speech  viz : 

M'  Speaker  &  Gentlemen, 

I  command  you  to  return  to  your  House  and  expedite  the  Business  of 
the  day. 

>Sent  the  following  Message  to  the  Upper  House  (viz:) 

May  it  please  your  Honours, 

We  are  preparing  an  estimate  of  the  wages  due  to  the  Members  of 
this  House  this  Session  &  also  of  former  Assemblys  and  desire  an  esti- 
mate of  those  of  your  House  to  make  the  same  compleat. 

Sent  the  following  Message  to  the  Upper  House  viz : 

May  it  please  your  Honours, 

We  have  made  an  estimate  of  the  money  due  to  the  Members  of  our 
Honse  for  wages  due  in  this  and  the  three  preceeding  Assemblys,  we  are 
very  sensible  that  the  Members  of  this  Assembly  cannot  be  paid  their 
wages  and  the  claims  allowed  by  this  Assembly  otherwise  than  out  of 
funds  which  ought  to  be  applyed  (by  Acts  of  Assembly)  to  other  pur- 
poses yet  tho'  we  are  sensible  it  may  be  deemed  a  violation  of  the  Pul)- 
lick  faith  we  hope  your  Honours  will  concur  with  us  in  allowing  such 
money  as  now  is  in  the  Publick  Treasury  tho'  arising  from  funds  whidi 
should  be  appropriated  to  other  purposes  mav  be  allowed  to  be  paid  to 
the  Members  for  tlieir  wages,  and  claims  allowed  by  this  A.ssembly  for 
this  time  only  and  we  assure  you  that  we  are  ready  to  concur  with  yt>u 
in  any  resolution  that  for  the  future  no  money  to  be  appropriated  by 
any  Act  shall  be  applyed  otherwise  than  as  such  Act  directs. 

We  likewise  desire  that  your  Honours  do  joyn  with  us  in  an  address 
to  his  Excellency  to  issue  his  warrant  for  the  payment  of  the  same. 

By  order  of  the  House  DOWNING,  Speaker. 

Received  the  above  message  from  the  Upper  House 
Endorsed.  Concurr'd  with 

W.  SMITH. 

Sent  the  following  message  to  the  Upper  House 

May  it  please  your  Honours, 

This  House  having  appointed  Sir  Richard  Everard  Bart:  Col :  Benj  : 
Hill,  Col:  W""  Wilson,  Col.  Forl:K?s  and  Col:  McRora  Scarbrough  to  be 
52 


410  COLONIAL  RECORDS. 


a  Committee  to  joyn  such  Members  of  your  House  as  your  Honours 
shall  think  fitt  to  appoint  to  finish  the  settlement  of  the  Publick  accounts. 

Desire  your  Honours  concurrence 

Received  the  following  Message  from  the  Upper  House  (viz') 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  Message  relating  to  the  Copys  of  the  Laws  we 
joyn  with  you  in  opinion  that  it  is  absolutely  necessary  they  be  delivered 
to  the  General  Court  and  the  several  County  Courts  of  this  Province 
both  as  to  what  have  past  since  the  year  1733.  as  well  as  what  shall  be 
past  for  the  future  but  we  cannot  so  readily  agree  to  your  resolution  that 
the  Clerk  of  your  House  shall  obtain  a  copy  of  the  Laws  from  the  Sec- 
retary's Office  at  the  price  of  fifteen  pounds  only  and  that  he  to  trans- 
mitt  from  that  Copy  one  to  every  County  in  this  Province  because  we 
take  it  to  belong  to  the  Secretary  only  so  to  do  and  we  hope  upon  fur- 
ther consideration  you  will  joyn  with  us  in  thinking  that  to  divest  one 
office  of  its  known  right  to  give  to  another  without  just  cause  is  incon- 
sistent with  the  justice  of  either  House  we  therefore  propose  that  the 
Secretary  be  ordered  to  transmitt  all  Copys  of  Laws  to  the  General  and 
several  County  Courts  and  that  he  be  allowed  seven  pence  half  penny 
proclamation  money  '^  copy  sheet  to  be  paid  him  on  such  certificate  as 
you  meutioned. 

Sent  the  following  Message  to  the  Upper  House,  (viz.) 

May  it  please  your  Honours, 

We  are  sorry  that  in  your  answer  you  seem  to  disagree  with  our  reso- 
lution for  our  clerk  to  get  a  (.'opy  of  the  Laws  passed  since  the  year  1733 
from  the  Secretary's  office  from  which  he  should  be  obliged  to  make  out 
copys  for  the  several  County  Courts  in  this  Province  whereby  the  Magis- 
trates might  be  the  better  informed  of  their  duty,  because  you  say  it  ought 
to  be  done  by  the  Secretary  and  that  it  is  a  right  of  the  secretary  so  to  do 
but  as  your  Hon"  have  not  shewn  us  any  instance  of  the  Secretary  ever 
having  heretofore  made  out  such  copys  neither  do  we  find  that  he  hath 
ever  done  it,  therefore  we  have  i-eason  to  believe  tiiat  it  hath  been  the 
practice  heretofore  in  this  Province  for  the  Clerk  of  this  House  to  make 
out  the  said  Copys  for  the  several  Precincts  or  Countys  and  we  are  of 
opinion  that  in  our  resolve  we  have  not  divested  one  Office  of  any  right 
heretofore  belonging  to  such  office  to  give  such  right  to  any  other  and  we 
are  further  of  opinion  that  one  copy  of  the  Laws  passed  every  Session 
ought  to  be  made  out  every  Session  for  the  use  of  this  House  and  no 
more  for  which  we  think  in  a  resolve  we  have  made  a  sufficient  allowance 


COLONIAL  RECORDS.  411 


but  if  your  Honours  are  of  a  contraiy  opinion  we  are  ready  to  make  such 
further  allowance  as  shall  be  thought  reasonable. 

Received  the  following  Message  from  the  Upper  House 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  relating  to  the  payment  of  the  wages  of  the 
Members  of  Assembly  we  cannot  agree  that  the  Speaker  of  your  House 
be  paid  the  same  with  the  President  of  ours  and  as  to  your  second  resolve 
if  you  intend  by  it  that  the  Members  of  this  House  as  well  as  those  of 
yours  be  paid  in  the  same  manner  as  by  the  Law  now  expired  we  readily 
consent  to  it. 

Read  and  sent  to  the  Upper  House  the  Bill-  for  an  Act  to  supply  the 
defects  of  an  Act  passed  last  Session  of  Assembly  intitulefl  an  Act  for 
appointing  Sherifs  &c. 

Received  the  above  Bill  from  the  Upper  House. 

Read  and  sent  the  above  Bill  to  the  Upper  House. 

Received  the  above  Bill  from  the  Upper  House 

Read  and  sent  the  above  Bill  to  the  Upper  House 

Received  the  above  Bill  from  the  Upper  House 

Endorsed.  Read  the  third  time  Ordered  to  be  engrossed. 

Received  the  following  message  from  the  Upper  House. 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  relateing  to  the  burning  of  the  old  Bills  of 
Credit  &c.  we  have  appointed  the  chief  Justice  on  the  part  of  our  House 
to  examine  and  see  them  burnt  and  to  order  the  disposal  of  the  Counter 
parts  of  the  new  Emission  and  Mathew  Rowan  and  Edw''  Moseley  Esq"' 
to  settle  the  accounts  with  the  Commissioners. 

Received  the  following  Message  from  the  Upper  House 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  concerning  the  revisal  of  the  Laws  we  have 
on  the  part  of  this  House  appointed  the  Chief  Justice  to  joyn  your  Com- 
missioners to  the  northward  and  Edw''  Moseley  Esq"^  to  joyn  the  Comm" 
for  the  southward. 

Received  the  following  message  from  the  Upper  House. 

M'  Speaker  and  Gentlemen 

Eleazer  Allen  and  Edw,"  Moseley  Esq""  are  appointed  a  Committee  of 
our  House  to  joyn  yours  to  finish  the  settlement  of  the  Publick  accounts. 


412  COLONIAL  RECORDS. 


Seut  the  following  massage  to  the  Upper  House 

May  it  please  your  Honours 

This  House  having  resolved  that  all  persons  who  are  in  arrear  to  the 
Publick  for  any  moneys  by  them  received,  except  the  loan  money  and 
the  poll  tax,  heretofore  laid  and  collected  by  the  Precinct  Treasurers  do 
pay  the  same  to  the  General  Treasurers  in  their  respective  districts  on  or 
before  the  first  day  of  August  next  in  order  to  pay  the  publick  claims 
and  that  his  Excellency  be  addressed  to  issue  his  warrant  to  the  said  Treas- 
urers for  payment  of  the  same.     To  which  we  desire  your  Concurrence 

And  it  is  also  resolved  that  all  persons  who  are  in  arrear  to  the  Publick 
shall  discount  so  much  of  their  wages  as  shall  be  due  to  them  towards 
discharging  the  same.     To  which  we  also  desire  your  Concurrence. 

The  House  adjourned  till  4  o'clock  post  merid" 

The  House  met  according  to  Adjournment. 

Received  the  following  message  from  the  Upper  House 

M' Speaker  and  Gentlemen, 

In  answer  to  your  message  relating  to  the  money  in  the  hands  of  such 
Persons  as  are  in  arrear  to  the  Publick. 

This  House  is  of  opinion  that  the  speediest  way  for  those  persons  to  be 
paid  who  have  publick  claims  will  be  for  those  persons  who  have  the  pub- 
lick moneys  in  their  Hands  to  pay  the  claims  allowed  by  this  Assembly 
to  the  claimants — And  that  his  Excell"-''  the  Governor  be  desired  to  issue 
his  warrant  accordingly.  As  to  the  latter  part  of  your  Message  the 
methods  you  propose  have  been  observed  in  paying  the  claimants  by  dis- 
counting the  wages  and  claims  allow'* 

The  above  concurred  with  in  the  Lower  House. 

Resolved  That  William  Herritage  Clerk  of  this  House  be  allowed  a 
claim  on  the  Publick  and  paid  the  next  Assembly  the  sum  of  forty  pounds, 
for  extraordinary  services  this  Assembly  and  that  he  have  for  the  future 
the  same  wages  the  Clerk  of  the  Upper  House  is  allowed. 

Resolved  that  the  Clerk  of  this  House  procure  &  pay  for  three  bound 
books,  one  for  the  Journals  of  the  House,  one  for  the  reports  of  the  Com- 
mittee of  Publick  accounts  and  the  other  for  the  reports  of  the  Commit- 
tee of  claims  and  that  he  be  allowed  and  paid  twenty  five  ^  cent  on  the 
prime  cost  for  the  same. 

The  House  adjourned  till  to  morrow  8  o'clock. 

Thursday  y"  S"-  of  March  1738. 

The  House  met  according  to  Adjournment. 


COLONIAL  RECORDS.  41.? 


Sent  tlie  following  Message  to  the  Upper  House. 

May  it  please  your  Hon" 

M'  Samuel  Swann  one  of  the  Executors  of  John  Baptista  Ash  deceased 
who  was  Precinct  Treasurer  lor  New  Hanover  Precinct,  moved  this 
House  that  they  would  give  an  order  to  Eleazer  Allen  Esq"  who  suc- 
ceeded the  said  Ash  in  the  Office  of  Treasurer  for  said  Precinct  to  ])ay 
the  Executors  of  the  said  Ash  the  nu)ncys  allowed  by  Law  for  emitting  the 
publick  moneys  of  the  said  Precinct  which  the  said  Ash  in  his  life  time 
emitted. 

Whereupon  it  was  resolved  that  Eleaz  Allen  Esq"  pay  the  said  execu- 
tors the  money  allowed  by  law  for  emitting  the  publick  moneys  aforesaid 
emitted  by  the  said  Ash  deceased,  and  he  is  hereby  accordingly  directed 
to  pay  the  same.     To  which  we  desire  your  Honours  Concurrence. 

Received  the  above  Message  from  the  Upper  House. 

Endorsed.     Concurred  with  W.  SMITH. 

Received  from  the  Upper  House  the  message  sent  from  this  House  in 
relation  to  the  payment  of  the  wages  of  the  Members  of  Assembly  out 
of  other  funds  than  are  or  ought  to  be  appropriated  for  said  use.  En- 
dorsed.    Concurred  with  W.  SMITH. 

Received  from  tlie  Upper  House  the  Message  in  relation  to  the  money 
to  be  paid  to  M"^  Ash's  executors  by  M"^  Allen.  Endorsed.  Concurred 
with.  "  W.  SMITH. 

Sir  Richard  Everard  moved  this  House  that  all  persons  in  arrear  to 
the  publick  who  have  not  appeared  before  this  Assembly  to  settle  their 
accounts  and  pay  their  bale :  might  be  prosecuted  and  that  M'  Attorney 
have  directions  to  prosecute  them  accordingly. 

Sent  the  following  Message  to  the  Upper  Honse 

May  it  please  your  Honours, 

We  have  agreed  tlie  messenger  who  went  for  M'  Forster  &  M'  Turner 
be  allowed  forty  pounds  for  his  trouble  and  loss  of  his  Horse  on  the  said 
Message  and  desire  your  Honours  to  joyn  with  us  in  address  to  his 
Excellency  for  his  warrant  for  the  payment  thereof  in  M'  Turner's 
hands  and  that  M'  Forster  &  M'  Turner  be  made  chargeable  therewith 

The  House  adjourned  till  S  o'clock  post  merid : 

The  House  met  according  to  Adjournment. 

Received  from  the  Upper  House  the  message  sent  them  in  relation  to 
the  moneys  in  such  persons  hands  as  are  in  arrear  to  tlie  Publick  En- 
dorsed.    Concurred  with.  W.  SMITH. 


414  COLONIAL  RECORDS. 


Received  from  the  Upper  House  the  message  sent  tlieiii  in  relation  to 
M'  Turner  &  M"'  Forster.  Endorsed.  The  House  concurred  with  tlie 
message  and  orders  that  M''  Forster  pay  thirty  pounds  &  Major  Turner 
Ten  pounds. 

His  Excellency  the  Governor  commanded  the  attendance  of  the  House 
in  the  Council  Chamber  with  what  Bills  were  engrossed. 

M'  Speaker  with  tiie  House  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber  and  presented  the  Bill  to  supply  the  defects  of  an 
Act  passed  last  Session  of  Assembly  intituled  an  Act  for  appointing 
Sheriffs  in  the  room  of  Marshalls  &c.  To  which  His  ExcelP^assented. 
And  ordered  the  Great  Seal  of  the  Province  to  be  affixed  tiiereto. 

Then  His  Excellency  was  pleased  to  prorogue  this  Assembly  to  the 
second  Tuesday  in  November  next  at  New  Bern. 

M"'  Speaker  with  the  House  returned  &  pronounced  the  prorogation 
accordingly. 

North  Carolina — ss. 

At  an  Assembly  begun  &  held  at  Newbern,  the  Sixth  day  of  Feb'^  one 
thousand  seven  hundred  &  thirty  eight  &  in  the  Twelfth  year  of  the 
reign  of  our  Sovereign  Lord  George  the  Second  of  great  Britain,  France 
&  Ireland  King  &c ;  and  from  thence  continued  by  several  prorogations 
to  the  fifteenth  day  of  November  one  thousand  seven  hundred  and  thirty 
nine,  being  the  third  Session  of  this  present  Assembly. 

MEMBERS    PRESENT. 

M'  Joshua  Long  M"^  John  Hodgson 

M'  Joseph  Anderson  M'  John  Blount 

John  Montgomery  Esq'  M'  Benj"  Hill 

M'  Thomas  Bryant  M"  James  Castellaw 

M'  John  Dawson  M"^  Arthur  Williams 

M'  Samuel  Spruil  M'  Edmond  Smitlnvick 

S'  Rich"  Everard  Bart  M'  Benj"  Peyton 

M'  Rich*  Rigby  M'  Thomas  Smith 

M'  Sam"  Sinclare  M'  Fred"  Jones 

M'  Walter  Lane  M"'  Thomas  Lovick 

M'  Arthur  Mabson  M'  Samuel  Swann 

M'  John  Swann  Coll"  Maurice  Moor 
Coll"  Will-  Forbes. 
His  Excellency  by  Proclamation  was  pleased  to  desolve  the  said  As- 
sembly. 


COLONIAL  RECORDS.  415 


1740. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  44.] 

My  Lords  [of  the  Board  of  Trade] 

If  I  had  not  been  prevented  by  a  tedious  Indisposition  tliis  Ijettcr 
should  have  gone  along  with  the  Copy  of  the  Acts  passed  last  A.ssembly, 
which  was  some  months  since  sent  home  by  the  Secretary. 

I  need  not  detain  your  Lordships  with  any  remarks  upon  the  Law  for 
Establishing  Sheriffs  and  that  for  appropriating  Circuit  Courts.  The 
necessity  of  these  Acts  is  very  apparent,  and  as  there  is  nothing  in  them 
which  encroaches  upon  His  Ma'^"  Autiiority,  and  as  the  good  Effects  of 
them  have  been  already  very  sensibly  felt  in  this  Colony  by  the  speedy 
execution  of  Justice  beyond  what  was  ever  known  here  before,  I  don't 
at  all  doubt  but  your  Lordships  will  think  it  proper  to  recommend  them 
to  His  Majesty  for  his  Royal)  sanction. 

The  other  Acts  are  only  Regulations  of  .some  Matters  of  very  small 
consequence  within  the  Colony,  except  the  Quit  rent  Law,  about  wiiich 
I  am  to  offer  your  Lordships  the  following  Observations. 

After  the  Preamble  the  Act  begins  with  the  strongest  and  most  ample 
Clause  for  procuring  to  His  Maje.sty  a  full  and  complete  Rent  Roll  which 
is  a  point  which  could  never  be  carried  before  either  under  the  late  LL'  P. 
P'  nor  since  the  purchase  of  the  Crown.  I  must  take  the  liberty  to  remind 
your  Lordships  of  what  I  have  often  represented  on  former  Occasions. 
Viz'  That  one  great  Obstacle  which  prevented  the  passing  of  a  proper 
Quit  rent  Law  was  the  obstinacy  of  the  People  in  the  Northern  parts  of 
the  Province,  especially  in  insisting  on  paying  their  Rents  in  the  worst 
and  most  bulky  kind  of  their  Produce,  such  as,  Butter,  Cheese,  Feathers, 
Tallow,  Tarr,  Pitch,  Indian  Corn  etc  and  these  hopefull  Commodities 
they  likewi.se  insisted  on  paying  either  at  their  own  Houses,  or  at  lea.st 
at  forty  two  different  places  or  Ijandings  and  to  be  taken  away  from 
thence  at  the  King's  Charge,  which  considering  the  Qualitys  of  the 
Commodities  they  would  probably  have  paid  in  would  have  made  the 
Expence  of  the  collection  amount  to  more  than  the  value  of  what  was 
to  be  received. 

It  was  impossible  My  Lords  to  prevail  on  the  People  to  drop  entirely 
their  Pretentions  to  pay  their  rents  in  some  Comodity  or  other,  and  I  am 
indeed  afraid  at  present  it  is  impracticable  for  them  to  rai,se  as  much 
Gold  and  Silver  or  even  Bills  Currency  as  to  pay  all  that  is  due.  It 
was  therefore  thought  expedient  to  indulge  in  paying  their  rents  in  such 


410  COLONIAL  RECORDS. 


Coiuodities  as  would  bear  a  Price  if  sent  to  England  and  at  the  same  time 
encourage  them  to  raise  a  Produce  which  would  promote  aditional  Trade 
to  Great  Britain,  provided  that  their  Coraodities  were  valued  at  an  under 
value  so  that  they  miglit  bear  the  Charges  of  Warehouse  Room  Shipping 
etc. 

Accordingly  Tobacco  inspected,  Hemp,  Flax,  Deer  skinsand  Bees  Wax 
of  the  best  sorts  were  pitched  ui)on,  as  there  is  a  constant  Demand  for 
these  Commodities  so  they  are  by  this  Act  rated  so  much  under  their 
real  value,  that  I  am  satisfied  no  person  will  offer  any  of  them  in  pay- 
ment who  can  by  any  means  make  a  shift  to  raise  as  much  Gold  and 
silver  as  will  be  sufficient  for  that  Purpose. 

I  could  have  wished  that  the  Places  of  payment  in  that  part  of  the 
Country  formerly  called  Albemarle  had  been  fewer  in  number,  but  there 
was  no  possibility  of  avoiding  it.  But  effectual  Provision  is  made,  that 
tiie  Countys  were  these  Places  lye  shall  defray  all  the  Charges  of  this 
collection,  and  that  His  Ma'^"  Revenue  shall  be  paid  in  Nett  unto  his 
Receiver's  hands,  either  in  Inspectors  Notesor  Cash,  which  in  my  Opinion 
removes  all  Objections.  The  Proportion  betwixt  Bills  of  Currency  of 
this  Province  &  Sterling  &  Proclamation  money  is  by  this  Act  to  be 
settled  by  the  principal  Persons  of  the  Government  every  year,  who  are 
to  deliver  their  Opinion  upon  Oath.  This  is  more  than  is  done  in  any 
other  Colony. 

When  the  Quit  rent  Law  for  South  Carolina  pass'd  tlie  Bills  of  Cur- 
rency there  with  respect  to  sterling  money  were  as  seven  to  one,  &  in 
that  Proportion  they  are  still  paid  for  Quit  rents,  tho'  in  matters  of  com- 
merce &  all  private  dealing  they  are  not  of  the  value  of  Eight  for  one. 
But  by  this  Act  it  is  impossible  that  His  Ma'^  can  ever  be  a  loser  by 
taking  Currency  let  it  fluctuate  never  so  much.  In  former  collections 
our  Bills  were  taken  at  seven  for  one,  but  by  the  method  laid  down  in 
this  Law  the  King  now  receives  ten  for  one,  which  is  almost  30  '^  c' 
gained  to  the  Revenue.  The  whole  amount  of  our  Bills  does  not  exceed 
£5000  sterling  &  they  expire  iu  1745,  &  I  hope  after  that  we  shall  never 
more  be  plagued  with  any  Paper  money. 

The  other  great  obstruction  to  the  passing  of  a  Quit  rent  I^aw  was 
the  affair  of  the  Blank  Patents,  all  which  the  Persons  concerned  insisted 
on  having  confirm'd  by  that  law.  This  was  reckoned  a  most  Exorbitant 
Demand  by  everybody  who  had  His  Ma'^"  Interest  at  heart,  for  it  was 
computed  that  no  less  than  400,000  acres  of  land  were  held  by  those 
Patents,  besides  the  greatest  part  of  them  were  never  registered  nor  so 
much  as  ascertained,  so  that  they  had  it  in  their  power  to  claim  any 
man's  land  by  Virtue  of  these  as  Prior  Titles  to  any  granted  by  His 
Majesty. 


COLONIAL  RECORDS.  41  i 


After  a  tedious  struggle  for  four  yeai-s  the  possessors  of  tliese  I'ateut.s 
were  prevailed  upon  to  rest  satisfied  with  having  such  of  them  eonfirniwl 
as  were  registered  in  due  time  &  ascertained.  Provided  always  that  tiie 
whole  amount  of  the  lands  claim'd  even  by  these,  should  not  exceed 
150,000  acres,  &  that  sucli  of  them  as  bore  date  after  the  purchase  of 
the  Crown,  should  be  left  entirely  to  His  Ma'^°  pleasure,  eitiier  to  allow 
them  or  declare  them  null  &  void  as  it  should  be  thought  proper. 

Wiien  matters  were  brought  to  so  narrow  a  point,  I  tliought  it  would 
1)6  highly  unreasonable  to  keep  the  whole  Province  in  confusion  any 
longer  for  the  sake  of  so  small  a  matter  as  the  Difference  betwixt  the 
Quit  rents  paid  under  the  L.  L'  P.  P°  &  the  rents  reserved  under  the 
Crown  for  1 50,000  acres  of  land,  &  therefore  consented  to  their  pro- 
posal after  they  had  promised  all  the  Assistance  in  their  power  to  get 
justice  done  to  His  Majesty  in  the  other  parts  of  the  Bill. 

The  most  exceptionable  Clause  of  this  Law  is  where  Allowance  is 
made  to  such  as  bring  their  Tobacco  to  the  Landings  of  12|"  "^  liundred 
^veight.  No  Endeavours  were  wanting  to  bring  the  People  of  from 
insisting  on  this  Clause,  but  as  they  are  in  the  neighborhood  of  Virginia 
&  most  of  them  come  from  thence  And  this  allowance  &  even  greater 
is  made  in  that  Colony  by  the  Crown  it  was  impossible  to  prevail.  But 
this  will  by  no  means  be  so  prejudicial  to  the  Revenue  as  at  first  sight 
may  appear,  for  it  extends  only  to  that  small  part  of  the  Country  which 
lyes  contiguous  to  Virginia,  and  then  Tobacco  is  so  underrated  that  I 
really  believe  even  this  will  be  no  Temptation  to  them  to  bring  that 
Coraodity  any  great  length  to  pay  their  Rents.  In  short  my  Lords  it 
is  the  best  Law  could  possibly  be  procured,  better  in  many  respects  than 
any  I  expected  to  see,  &  will  from  nothing  at  all  as  near  as  I  can  com- 
pute bring  a  Revenue  to  the  Crown  of  £1800,  per  annum,  which  will 
be  daily  increasing  one  good  effect  it  has  already  had,  it  has  restored 
Peace  and  Tranquility  to  a  Colony  which  has  from  its  first  settlement 
been  quarrelling  about  these  Points  now  so  happily  adjusted 

I  am  your  Lordships  most,  &c., 

GAB:  JOHNSTON. 

Cape  Fear,  North  Carolina,  28'"  January  173-^. 


[B.  P.  E.  O.  North  Carolina  B.  T.  Vol.  10.  B.  47.] 

My  Lords  [of  the  Board  of  Trade] 

I  had  the  misfortune  not  to  receive  your  Lordships  Commands  of  the 
12*  of  Sept'  last  untill  the  beginning  of  Feb".     I  immediately  appointed 
5.3 


418  COLONIAL  RECORDS. 


three  gentlemen  whom  I  judged  the  best  qualified  for  such  an  undertak- 
ing to  draw  up  a  state  of  the  small  currency  we  have  and  of  the  value 
of  gold  during  the  times  mentioned  in  the  addresses  of  Both  Houses  and 
hope  in  a  few  days  to  transmit  the  same  to  your  Lordships. 

Our  Assembly  which  met  here  on  the  fifth  of  Feb"^  is  just  now  pro- 
rogued. They  behaved  with  decency  and  parted  in  very  good  humour 
(a  tiling  not  very  common  here)  after  passing  some  Laws.  At  present  I 
shall  only  take  notice  of  one  which  is  an  Act  to  erect  a  Village  called 
Newtown  on  Cape  Fear  River  into  a  township  In'  the  name  of  Wilmington 
The  situation  of  this  town  is  mighty  convenient  being  at  the  meeting  of 
the  two  great  Brandies  of  Cape  Fear  River,  its  Road  cajiable  of  re- 
ceiving Vessels  of  great  burthen  and  extremely  safe  in  the  most  vio- 
lent storms  and  there  is  a  most  easy  access  to  it  from  the  remotest  heads 
of  the  River  by  the  smallest  Vessels.  I  always  looked  upon  the  want 
of  a  Town  with  a  Convenient  Port  as  one  of  the  greatest  Obstacles  to 
the  Improvement  of  the  Trade  of  this  Country  and  the  polishing  its 
Inhabitants.  I  hope  this  impediment  is  now  removed,  and  don't  despair 
in  a  few  years  to  prevail  on  the  Assembly  to  build  offices  and  other 
places  fitt  for  the  dispatch  of  Publick  business,  the  want  of  which  has 
been  a  great  clog  to  all  affiiirs  ever  since  I  came  here. 

I  return  your  Lordships  thanks  for  recommending  M''  Murray  there 
remains  two  in  this  Province  still  who  were  some  years  ago  recommended 
by  your  Lordships.  James  Iniies  &  Samuel  Woodward.  If  they  with 
Robert  Walker  (whom  I  now  mention  as  a  proper  person)  were  included 
in  one  Mandamus,  it  would  complete  the  number  of  His  Majesties  Coun- 
cil and  be  a  great  ease  to  tlie  Administration. 

I  am.  Your  Lordships,  &c.,  GAB:  JOHNSTON. 

Newbern  the  3^*  March  173^. 


[B.  P.  R.  ().  North  Carolina.  B.  T.  Vol.  10.  B.  43.] 

A  State  of  the  Paper  C'urreney  in  North  Carolina  from  1715  to  1739. 

It  does  not  appear  that  the  Assembly  of  that  Province  emitted  any 
Paper  Bills  of  Credit  till  the  year  1715.  At  which  time  they  issued  Bills 
of  Currancy,  to  the  amount  of  £24,000  which  were  to  be  deemed  a 
proper  Tender  in  law,  for  all  their  Comoditys,  as  rated  by  Act  of  Assem- 
bly the  preceding  year.  But  it  is  provided  by  the  Act,  that  if  any 
Demands  are  made  for  sterling  Debts,  the  Bills  of  Credit  in  such  Ca.se 
shall  pass,  and  be  a  legal  Tender  at  50  "^  c'  Exchange. 


COLONIAL  RECORDS.  419 


From  the  year  1715  till- the  year  1722,  there  were  no  other  Bills  issued 
or  Currant  amongst  tliem,  But  at  this  time  the  Assembly  of  that  Prov- 
ince passed  a  law  for  the  emitting  £12,000  bills  of  Credit,  upon  the 
same  foot  as  the  former,  to  be  Exchanged  for  such  other  bills  of  Credit, 
as  were  then  Currant  amongst  them.  Tho  the  sum  issued  was  not  above 
half  what  had  been  formerly  issued  Yet  there  were  so  many  of  the 
former  Bills  defaced  and  lost  tliat  £12,000  was  deemed  eqnal  to  the  Bills 
of  Currency  then  Extant. 

When  the  two  laws  above  mentioned  were  passed  There  was  no  fund 
appropriated  for  the  Discharge  of  tiie  Bills,  nor  had  they  at  that  time 
any  settled  Exchange. 

In  the  year  1729,  the  Assembly  passed  an  Act  for  Emitting  of 
£40,000  bills  of  Currency  rated  at  500  f  c'  Exch'  £10,000  Currency  in 
said  bills  to  be  applyed  to  the  discharge  of  their  former  bills  of  Creditt, 
and  the  remaining  £30,000,  to  be  lent  out  at  6  '^  c'  Interest  on  Land 
security  The  .same  to  be  paid  in  in  15  Years  in  Equal  Proportions.  And 
in  regard  to  the  uncertain  value  of  the  Bills  the  Assembly  by  tiie  .same 
Act,  reserved  a  power  to  themselves,  to  declare  at  their  first  meeting 
annually,  at  what  Exch*  the  said  Bills  should  pass. 

In  the  year  1735,  An  Act  of  Assembly  was  passed,  for  the  emitting 
the  sum  of  £40,000  to  be  Exchanged  for  the  former  Bills  of  Currency 
i.s.sued  in  1729.  by  this  Act  the  Bills  were  not  made  a  legal  Tender,  at 
any  rated  Exchange. 

In  the  said  year  1735  An  Act  was  passed  for  the  granting  to  his 
Majesty  the  sum  of  £4,150  :  3  :  2  for  the  service  of  the  Publick  .... 
And  for  the  laying  a  poll  tax  on  the  Inhabitants  for  the  payment  of  the 
same  and  for  the  stamping  and  Emitting  the  sum  of  £10,000  bills  of 
Credit  for  the  more  immediate  discharge  of  the  Public  debts.  Which 
bills  were  not  issued  at  any  rated  Exchange.  In  the  latter  end  of  Feb- 
ruary or  beginning  of  March  1738-9  by  an  Act  passed,  for  the  Con- 
firmation of  Proprietory  Grants  (Intituled  the  Quit  rent  Law)  the  Gov- 
ernor Council  Attorney  General  and  Receiver  General  for  the  time  being 
and  the  Speaker  and  as  many  of  the  Members  of  the  House  of  Burgesses, 
as  are  Equal  in  number — Are  by  the  said  Act  impowered  on  or  before 
the  sixth  day  of  March  annually,  to  regulate  the  value  of  their  Bills  in 
such  manner  &  in  such  proiwrtion  as  appears  to  themselves  Equitable. 

The  Exchange  as  regulated  last  March  is  at  a  1000  per  c'.  There 
remains  now  outstanding  about  50,000£. 

(Endorsed)  Received  from  M'  McCulloh  -lan'^  23  173^ 


420  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  2).  p.  276.] 

Sir,  [Gov.  Gabriel  Johnston] 

Since  our  letter  to  you  dated  the  IT*  January  173;^  a  duplicate 
whereof  has  been  likewise  sent,  We  have  received  two  from  you  one 
dated  at  Cape  Fear  the  28*  of  that  month  and  the  (jther  at  Newbern  the 
.S'*  of  March  last,  the  first  of  these  brought  us  your  observations  on  the 
Acts  lately  pa.ssed  in  that  Province  in  particular  upon  the  Quit  rent  law. 

We  did  not  receive  the  eleven  Acts  pas.sed  at  North  Carolina  in  1738 
till  the  ll""  of  April  last  and  were  not  a  little  surprised  to  find  they  were 
transmitted  without  any  letter  or  the  Great  Seal  of  the  Province  annexed 
to  them  which  last  omission  being  a  breach  of  your  25""  Article  of  In- 
structions We  think  ourselves  obliged  to  take  notice  of  it  and  to  desire 
you  will  be  more  observant  in  that  respect  in  the  future  We  have  those 
Acts  now  under  consideration  and  think  it  advisable  to  report  against  the 
Quit  Rent  Law  &  that  relating  to  cultivation. 

It  is  but  very  lately  that  we  received  any  account  of  the  state  of  the 
paper  currency  of  North  Carolina  and  We  had  great  reason  to  question 
whether  even  that  which  came  to  our  iiands  was  authentic  as  it  was  unat- 
tended with  any  letter  and  not  so  much  as  sign'd  by  any  person  It  is  true 
We  have  since  had  your  letter  upon  that  subject  dated  Newbern  3'*  of 
March  last  but  as  that  only  mentions  that  you  are  preparing  an  account 
of  the  currency  and  that  you  hope  to  send  it  in  a  few  days  we  cannot 
look  upon  this  as  a  proper  return  We  cannot  comply  with  what  you 
desire  in  the  same  letter  about  recommending  .some  gentlemen  to  be  of 
the  Council  in  your  Province  because  we  do  not  know  what  vacancies 
they  are  to  supply  &  therefore  We  must  remind  you  of  what  we  writ  in 
January  last  &  We  do  expect  once  in  six  months  you  regularly  send  us 
a  list  of  the  Members  of  the  Council  in  North  Carolina  taking  notice  at 
the  same  time  of  what  vacancies  have  happened  by  death  or  resignation 
&  who  are  absent  &  with  regard  to  the  last  that  you  particularly  specify 
from  whom  as  well  as  for  how  long  a  time  they  have  obtained  license  so 
far  as  you  are  able  We  must  likewise  desire  you  to  acquaint  us  in  our 
next  whether  there  be  any  Provost  Marsiial  in  your  Province  &  who  he 
is  So  We  bid  you  heartily  farewell  and  are  Your  very  loving  frinds  & 

hum""  Serv'' 

R.  PLUMER.  MONSON 

J.  BRUDENELL.  M.  BLADEN 

Whitehall  June  26'"  1740. 


COLONIAL  RECORDS.  421 


[B.  P.  R.  O.  Am:  and  W.  Ind:  Vol.  28.  p.  547.] 

My  Lord,  [Duke  op  Newcastle] 

I  have  delayed  doing  myiself  the  honour  to  acknowledge  the  Ree('i])t 
of  your  Grace.s  Letters  of  the  o""  of  January  and  the  5'"  of  Aj)ri]l  la.st, 
until  I  liad  it  in  my  power  to  ae(|uaint  you  with  my  suec'fs.s  in  executing 
his  Maje.sties  Orders. 

I  can  now  assure  your  Grace  that  we  have  raised  above  400  men  in  tiiis 
Province  who  are  now  embarked  and  just  going  to  put  to  Sea. 

In  those  Northern  Parts  of  the  Colony  adjoining  to  Virginia  we  have 
got  3  Companies  of  100  men  each  tho  some  few  dcsertetl  since  they  liegan 
to  send  them  on  board  the  Transports  at  Cape  Fear.  There  is  one  Com- 
pany consi.sting  of  above  100  men  whom  I  am  ju.st  going  to  see  em- 
bark'd.  I  have  good  reason  to  believe  that  we  could  have  easily  have 
raised  200  more  if  it  had  been  po.ssible  to  negotiate  the  Bills  of  Exchange 
in  this  part  of  the  Continent;  but  as  that  was  impracticable,  we  were 
obliged  to  rest  .satisfyed  with  four  Companies. 

I  must  in  jastice  to  the  As.sembly  of  the  Province  inform  Your  Grace 
that  they  were  very  zealous  and  unanimous  in  promoting  this  .service. 
They  have  raised  a  subsidy  of  £1200  st'  as  it  is  reckoned  here  by  which 
the  men  have  been  subsisted  ever  since  the  middle  of  August  and  all  the 
Transports  victual*  It  was  not  in  their  power  tho  they  were  very  well 
inclined  to  raise  money  to  hire  the  Transports  because  no  owners  of  Ves- 
sels cared  to  take  their  Paper  Currency  and  Commodities  in  Payment, 
I  wa.s  therefore  under  a  necessity  of  making  use  of  His  Majesties  .secret 
Instruction  to  me  and  hire  four  Vessels  here  and  one  at  Cape  Fear  and 
have  drawn  upon  the  Commissioners  of  the  Navy  in  Consequence  of  that 
Instruction. 

Both  Houses  of  Assembly  have  addressed  me  to  beseech  your  Grace  to 
interceed  with  His  Majesty  to  bestow  some  mark  of  His  Royal  Favour 
on  His  Subjects  in  this  Province  by  sending  them  some  Ordonauce  and 
Ammunition  for  the  Defence  of  their  Coasts,  some  parts  of  which  (par- 
ticularly Cape  Fear)  are  very  much  exposed  to  the  insults  of  an  Enemy. 

As  this  Colony  is  ju.st  beginning  to  come  into  order  and  there  is  a 
probability  of  its  being  soon  of  much  greater  Consequence  to  Great 
Britain  than  it  has  hitherto  been  I  hope  Yonr  Grace  will  pardon  me  if 
after  this  proof  of  their  cheerful  obedience  to  His  Majesties  Orders  I  pre- 
sume to  recommend  their  Petition  to  your  Favour. 

I  am,  with  the  greatest  respect,  &c. 

GAB:  JOHNSTON. 

Edenton  in  North  Carolina  November  the  5""  1740. 


422  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  57.] 

At  the  Court  at  S'  James's  the  27""  of  November  1740. 

Present  The  King's  most  Excellent  Majesty  in  Council. 

Whereas  by  Commission  under  the  Great  Seal  of  Great  Britain  the 
Governor  Council  and  Assembly  of  his  Majesty's  Province  of  Nortli 
Carolina  are  authorized  and  empowered  to  make  constitute  and  ordain 
Laws  Statutes  and  Ordinances  for  the  publick  Peace  Welfare  and  good 
Government  of  the  said  Province  wiiich  Laws  Statutes  and  Ordinances 
are  to  be  as  near  as^  conveniently  may  be  agreeable  to  the  Laws  and 
Statutes  of  this  Kingdom  and  to  be  transmitted  for  his  Majestys  Royal 
AppT-ob^tion  and  Disallowance.  And  whereas  in  pursuance  of  the  said 
Powers  an  act  was  passed  in  the  said  Province  in  1738  which  hath  been 
transmitted  Entituled  as  follows  Viz' 

An  act  declaring  what  shall  be  deemed  a  sufficient  Cultivation  of 
Lands  already  granted  or  hereafter  to  be  granted  by  his  Majesty  and  for 
ascertaining  the  manner  of  granting  Lapsed  Land 

Which  ac^t  together  with  a  Representation  from  the  Lords  Commis- 
sioners for  Trade  and  Plantations  proposing  the  repeal  thereof  having 
been  referred  to  the  consideration  of  a  Committee  of  the  Lords  of  his 
Majesties  most  Honourable  Privy  Council  for  Plantation  affairs  The 
said  Lords  of  the  Committee  did  this  day  report  to  his  Majesty  that 
upon  considering  the  said  act  they  found  by  some  of  the  clauses  con- 
tained therein  that  the  Patentees  of  Lands  in  North  Carolina  would  be 
exempted  from  cultivating  such  a  quantity  of  Lands  as  by  the  Terms 
and  conditions  of  their  Grants  they  were  obliged  to  clear  and  improve 
and  apprehending  that  such  exemption  will  be  a  means  of  retarding  the 
settlement  of  that  Province  and  weakening  his  Majestys  security  for  the 
payment  of  the  Quit  Rents  the  said  Lords  of  the  Committee  therefore 
proposed  that  the  said  act  should  be  repealed.  His  Majesty  taking  the 
same  into  consideration  was  plea.sed  with  the  advice  of  his  Privy  Coun- 
cil to  declare  his  Di.sallowance  of  the  said  Act  and  pursuant  to  his  Maj- 
esty's Royal  Pleasure  thereupon  expressed  tiie  said  act  is  hereby  repealed 
declared  void  and  of  none  effect. 

Whereof  the  Governor  or  Commander  in  Chief  of  his  Majesty's 
Pi'ovince  of  North  Carolina  for  the  time  being  and  all  others  whom  it 
may  concern  are  to  take  notice  and  govern  themselves  accordingly. 

A  true  Copy.  JA  :  VERNON. 


COLONIAL  RECORDS.  42.) 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  .52.] 

My  Lords  [of  the  Board  of  Trade] 

Just  now  I  have  received  your  Letters  of  the  20""  &  21"  of  May  and 
26""  of  June  last  together  with  their  DupHcates  by  the  .same  Ves.sel. 

It  is  a  great  misfortune  that  Letters  are  .so  long  in  coming  to  hand  in 
thi.s  Country  and  the  want  of  opportunity  to  transmit  answers  unless  one 
sends  them  to  the  neighbouring  Colonies  of  Virginia  and  South  Carolina 
where  they  often  lye  a  long  time  and  are  sometimes  entirely  neglected. 

I  cannot  charge  myself  with  ever  missing  wilfully  any  opportunity  or 
delaying  to  send  returns  to  your  Ijordships  Letters  unless  prevented  by 
sickness  or  want  of  shipping  which  last  is  the  cause  of  letters  arriving  so 
late,  as  in  these  I  answer  at  present  and  am  obliged  to  send  what  I  now 
write  with  their  Copies  by  two  expresse.s — One  to  Virginia  and  another 
to  South  Carolina. 

I  know  your  Lordships  are  too  just  to  blame  me  for  what  is  entirely 
oweing  to  the  present  Situation  of  the  Country. 

The  raising  of  Forces  has  occasioned  my  residence  in  these  Northern 
Parts  of  the  Province  for  several  months  past.  I  have  sent  to  Cape  Fear 
for  a  Coppy  of  the  state  of  our  Currency  which  I  shall  take  care  to  trans- 
mit by  the  very  next  opportunity. 

I  am  sorry  that  what  I  sent  before  did  not  come  to  your  Lordships  in 
the  authentick  manner  it  ought.  It  was  however  a  true  state  of  the  Cur- 
rency in  this  Province  Colony,  and  as  it  expires  in  four  years  I  think  the 
most  effectual  way  of  sinking  it  is  to  let  it  take  its  course  and  never  more 
to  renew  it. 

I  have  given  orders  to  the  person  who  acts  for  the  Secretary  in  this 
Part  of  the  Province  to  transcribe  a  Copy  of  what  they  here  c-all  their 
Laws. 

There  were  none  passed  since  his  Majesty's  purchase  untill  my  arrival 
Tho.se  under  the  Lords  Proprietors  are  of  dubious  Authority  none  of 
them  j)rinted  and  the  written  Coppies  very  different  from  one  another. 
The  best  Coppy  could  be  procured  I  sent  to  your  Lordships  with  some 
remarks  about  Five  j'ears  agoe. 

I  cannot  help  here  remarking  anotiier  great  Impediment  to  the  dispatch 
of  publick  business  in  the  Colony  because  I  am  afraid  it  may  make  me 
often  appear  culpable  to  your  Lordships  when  I  am  really  innocent.  And 
that  is  that  the  Papers  and  Records  of  the  several  offices  are  so  dispersed 
that  I  am  frequently  obliged  to  send  from  one  end  of  the  Provincx'  to 
another  for  them. 


424  COLONIAL  RECORDS. 


This  is  entirely  oweing  to  the  want  of  a  Town  near  the  centre  of  the 
Country  where  all  the  Offices  ought  to  be  kept.  But  the  people  both 
here  and  in  Virginia  are  very  far  from  being  fond  of  Towns. 

I  have  however  last  Assembly  prevailed  so  far  tho  not  with(.)ut  great 
opposition  to  get  a  law  passed  for  establishing  a  Town  on  the  Forks  of 
Cape  Fear  River  which  is  the  most  commodious  in  every  respect,  of  any 
situation  in  the  Province. 

In  a  year  or  two  I  hope  to  get  all  the  Publick  Business  done  there. 
But  this  must  be  done  by  Degrees. 

In  Consequence  of  His  Majesties  Ortlers  I  called  an  Assembly  in  the 
beginning  of  August  last  who  laid  on  a  Tax  of  above  £1000  sterling  for 
subsisting  the  Troops  raised  for  tiie  intended  expedition  and  for  victual- 
ing the  Transports.  I  must  do  them  the  justice  to  say  they  were  all  very 
zealous  in  promoting  this  service.  But  such  is  the  Poverty  of  the  Coun- 
try and  the  scarcity  of  Gold  and  Silver  it  was  not  in  their  power  to  hire 
Transports. 

Several  new  Laws  were  made  but  I  have  ever  since  been  in  such  a 
hurry  in  getting  the  Forces  embarked  both  here  and  at  Cape  Fear  that  I 
have  never  yet  had  leisure  sufficient  to  send  my  Remarks  upon  them  Tho 
I  believe  the  Secretary  may  have  before  this  time  transmitted  a  coppy. 

I  must  therefore  [beg]  your  Lordsliips  would  be  pleased  not  to  make 
any  report  concerning  them  until  I  send  such  Observations  as  I  made  at 
the  time  of  their  passing. 

I  am  heartily  sorry  that  your  Lordships  think  it  advisable  to  report 
against  the  Quit  Rent  Law.  It  was  with  such  difficulty  and  after  four 
years  hard  struggle  that  the  people  were  prevailed  upon  to  pass  one  so 
much  in  favor  of  the  Crown.  And  I  really  flattered  myself  that  I  had 
done  an  acceptable  piece  of  service  it  obtaining  it. 

I  have  peruseil  all  the  Laws  of  this  Nature  which  take  place  either  in 
tiie  continent  of  America  or  in  the  West  Indies  and  I  cannot  find  any  in 
which  the  Crown  has  so  many  advantages  as  in  this. 

As  your  Lordships  have  not  thought  proper  to  acquaint  me  «'ith  any 
particular  Objection  against  it  I  shall  not  trouble  you  any  more  on  this 
subject;  Only  I  must  say  this  that  I  despair  of  ever  seeing  so  good  in  its 
place  and  I  am  afraid  the  repeal  of  this  Law  will  be  the  occasion  of  this 
Countrys  relapsing  into  all  its  former  confusions  and  animosities  whereas 
the  people  have  been  very  quiet  and  tractable  ever  since  it  passed. 

As  to  the  cultivation  Law  I  never  expected  your  Lordships  would 
approve  of  it  and  shall  be  very  glad  to  see  it  repealed. 

There  is  at  present  no  Provost  Marshal  in  this  Province  but  by  a  Law 
past  Two  Years  since  and  transmitted  with  remarks  to  your  Board  every 
Country  has  its  Sheriffs  as  in  England  and  the  other  Colonies. 


COLONIAL  RECORDS.  425 


The  Coppies  of  the  Laws  are  sent  from  the  Secretarys  Office,  and  I 
shall  take  care  for  the  Future  that  the  Colony  Seal  be  always  affixed. 

I  hope  your  Ijordships  will  excuse  what  is  past. 

The  four  vacancies  in  Council  were  occasioned  by  the  death  of  Edmund 
Porter  and  John  Baptist  Ash  PIsq"  and  by  two  persons  being  put  in  by 
M'  Burrington  into  the  Ijist  and  continued  in  ray  Instructions  who  never 
appeared  in  this  Country  nor  any  other  that  I  can  learn  of  viz:  Stallard 
&  Eyens. 

Upon  receipt  of  your  Lordshijjs  Letter  adviseing  his  Majesties  ajjjjro- 
bation  of  James  Murray  Esq"  I  ordered  him  to  be  sworn  in  because  the 
eight  other  Councillors  were  often  equally  divided  when  they  sat  as  an 
Upper  House  and  a  stop  was  thereby  put  to  Publick  Business. 

There  are  few  Gentlemen  here  who  c^re  to  pay  the  Taxes  Fees  of  their 
Commissions  Councellors  because  it  occasions  a  great  Expence  and  Fa- 
tigue without  any  manner  of  Profit. 

There  is  not  at  present  any  person  absent  upon  leave,     I  shall  take 
care  to  acquaint  your  Lordships  when  there  is. 
I  am,  my  Lords,  &c., 

GAB:  JOHNSTON. 

Edenton,  in  N°  Carolina  17""  December  1740. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  10.  B.  45.] 

General  Remarks  on  such  Clauses  of  the  Quit  rent  &  Cultivation  Acts 
passed  in  North  Carolina  in  1738,  as  are  conceived  to  be  Inconsistant 
with  His  Majesty's  Instructions,  the  Constitution  and  Laws  of  Eng- 
land, &  the  Rights  of  His  Majestys  Subjects  in  America. 
Mo.st  humbly  submitted. 

Remarks  on  the  Quit  rent  Act. 

\'\  The  Quit  rent  Law  directs  the  Justices  of  the  Peace  in  each 
County  on  Albemarle  sound,  to  erect  or  hire  store  houses,  for  the  Recep' 
of  such  Commodities  as  shall  be  paid  in  discharge  of  Quit  rents,  &  at 
the  same  time  empowers  them  to  levy  money  by  was  of  Poll  Tax,  in 
order  to  defray  the  Charge  of  the  Collection,  or  Reception  of  the  Com- 
modities so  paid  in. 

The  Legality  of  this  Clause  in  the  Act  is  submitted ;  But  as  it  regards 
the  Rights  of  the  People,  it  will  appear  evident  that  the  poor  (who 
ought  to  meet  with  the  greatest  Enconragement  in  New  Settlements)  will 
54 


426  COLONIAL  RECORDS. 


be  much  injured  thereby;  For  if  a  poor  man  have  Ten  in  family,  & 
possesses  only  four  or  five  hundred  A(!res  of  Land,  he  may  pay  as  much 
under  the  Rates  of  the  Poll  Tax,  as  others  who  may  possess  Twenty  or 
Thirty  Thousand  Acres  in  their  own  Right,  In  which  view  this  must 
appear  as  an  Act  of  great  Oppression  &  Injustice. 

2'"'.  The  Receiver  General  is  impowered  to  appoint  a  Person  in  each 
County  for  the  Reception  of  Comoditys  in  lieu  of  Quit  Rents  at  the 
rates  &  prices,  and  subject  to  the  Regulations  in  the  Act  prescribed. 

To  ascertain  or  rate  Comoditys,  the  value  of  which  are  in  tlieir  Nature 
fluctuating  &  incertain,  &  which  must  &  will  vary  &  differ,  notwith- 
standing any  such  nominal  price  as  may  be  put  upon  them,  according  to 
the  Demand  that  may  be  for  them,  is  conceived  to  be  unjust  &  illegal  as 
it  may  in  many  instances  occasion  the  subjects  being  obliged  to  deliver 
to  the  Crown  their  Comoditys  at  a  lower  price  than  they  would  produce 
in  the  Market,  &  must  in  almost  every  instance,  be  the  Occasion  of  the 
Crowns  receiving  more  or  less  in  real  value,  than  the  amount  of  the 
Quit  rents. 

grdiy^  ^]]  Q^iit  i-ents  reserved  &  made  payable  on  any  Grants  or  Pat- 
ents for  Lands,  if  paid  or  Tendered  to  be  paid  in  Gold  or  Silver,  shall 
be  paid  at  Proclamation  standard,  peny  for  peny  Current  money  of  an}' 
other  Denomination,  Anything  in  such  Patents  or  Grants  to  the  contrary 
notwithstanding. 

The  Quit  rents  reserved  on  the  Grants  issued  in  the  time  of  the  late 
Lords  Prop"  were  to  be  paid  in  sterling  money.  By  this  Clause  in  the 
Act,  they  are  to  be  paid  in  Proclamation  money  which  makes  33J  '^  c' 
difference  in  the  Exchange  And  therefore  ought  not  to  have  been  assented 
to  by  the  Governor  without  the  particular  licence  of  the  Crown;  And 
the  doing  it  without  was  a  direct  breach  of  his  Instruction,  besides  as  my 
Lord  Carteret  is  concerned  in  Interest  with  the  Crown.  It  is  submitted 
whether  this  may  be  agreable  to  the  Saving  Clause,  in  the  Act  of  Sur- 
render. 

4""'^.  The  Exchange  between  Publick  Bills  of  Credit  &  Sterling  money 
shall  be  Regulated  on  or  befor  the  6""  of  March  yearly,  By  the  Gov- 
ernor Council  and  an  Equal  Number  of  the  House  of  Burgesses. 

This  Clause  in  the  Act  renders  everything  uncertain  &  precarious  for 
as  Commodities  fluctuate,  so  they  must  regulate  the  Excliange  of  their 
Bills  of  Credit,  or  otherwise  they  will  soon  have  no  credit  at  all,  and  the 
whole  Trade  and  Commerce  of  the  Province  be  lost  For  what  they  may 
Tender  or  pay  to  day,  an  Equivalent  for  one  Hundred  Pounds  sterling 
may  in  Ten  days  after  not  be  worth  Fifty  Pounds  Sterling,  so  that  what 
this  Clause  requires  is  impracticable  to  be  done  without  endangering  the 


COLONIAL  RECORDS.  427 


whole  Trade  of  the  Province.  And  a.s  this  Clause  so  very  greatly 
Effects  the  rights  &  properties  not  only  of  the  Inhabitants  there,  but  of 
the  Merchants  here,  the  passing  this  Act  without  a  suspending  Clause 
was  in  this  (as  indeed  it  was  almost  in  every  Clause  of  the  Act)  a  direct 
Breach  of  the  Governor's  Instructions. 

5"'^.  The  Records  or  Abstracts  of  Patents  recorded  or  the  Exemplifi- 
cation of  such  Records  where  the  (Original  Patent  is  lost  or  destroyed, 
shall  be  as  good  as  if  the  Original  Patents  were  produced  &  if  the  Quit 
rent  on  such  Patents  cannot  be  discovered  by  the  record,  then  &  in  such 
Case  the  Grantee  shall  be  Chargeable  with  the  higiiest  Quit  Rent  reserve<l 
to  the  Lords  Prop"  in  the  Respective  Countys  where  such  Lauds  lye. 

This  seems  to  be  a  Clause  of  a  very  extraordinary  Nature  and  greatly 
to  Effect  the  Rights  of  the  Crown  as  well  as  to  be  against  all  Notions 
&  Rules  of  Law.  For  to  make  an  imperfect  Abstract  of  a  Pat'  as  good 
as  if  the  Original  Patent  was  produced,  can  tend  to  nothing  but  to  open 
a  door  for  frauds  upon  the  Crown.  And  tho'  nothing  be  recorded  but 
these  words  Viz'  A  Grant  from  the  Lords  Prop"  to  A.  B.  of  100,000 
Acres  of  land  in  County  under  a  Quit  rent  of  for  every  hundred 

Acres.  And  which  anyone  may  have  entered,  who  never  had  a  Grant. 
Yet  this  is  by  this  Act,  against  all  the  Rules  of  Law  made  good  Evi- 
dence against  the  Crown,  &  A.  B.  would  hold  the  land  under  this  low 
Quit  rent  of  per  hund''  Acres,  for  the  Grantee  is  only  to  be  subject 

to  the  Highest  Quit  rent,  where  the  rent  reserved  cannot  be  discovered 
by  the  Record  which  is  a  Case  will  never  exist  for  as  all  these  Entrys 
of  Abstracts  only  was  founded  in  Fraud,  so  the  lowest  Quit  rent  will 
appear  in  every  one  of  them. 

gthiy_  rfij^g  Qyjj.  j.g,^j.  j^^  directs  that  all  Patents  which  have  passed  the 
Seal  of  the  Province  before  the  25"'  of  July  1739,  which  are  registered 
in  the  Secretary's  office,  or  in  the  Auditor's  office,  or  which  shall  be  ten- 
dered to  be  registered  in  the  office  of  the  said  Auditor,  within  8  months 
after  the  Ratification  of  this  Act,  or  for  which  the  Quit  rents  on  such 
Patents  have  been  paid,  shall  be  and  th<!y  are  thereby  declared  to  be 
good  &  valid,  to  all  Intents  &  Purposes  whatsoever,  provided  always 
that  no  such  Grant  which  shall  hereafter  be  tendered  to  be  registered 
within  8  months  shall  be  good  &  Valid  so  as  to  defeat  the  Title  of  any 
Person  Claiming  under  the  Crown ;  unless  the  Party  shall  prove  before 
the  Gov"  &  Council  to  their  satisfaction,  that  such  Grant  was  compleat, 
before  the  time  of  issuing  the  AA^arrant  on  svhich  His  M'a'^'  Grant  was 
founded.  And  provided  that  the  whole  number  of  acres  granted  from 
January  1727  to  July  1729,  mentioned  or  intended  to  be  secured  by 
this  Act,  do  not  exceed  the  number  of  one  Hundred  &  fifty  Tliousand 


428  COLONIAL  RECORDS. 


Acres,  Inclusive  of  wliat  Grants  are  now  upon  Record  in  the  Secretarys 
office,  and  that  after  the  said  number  of  One  Hundred  &  fifty  Thousand 
Acres  shall  be  registered  in  the  Secretary's  office.  All  other  Grants 
between  the  said  above  mentioned  Dates,  shall  be  deem'd  void. 

The  late  Lords  Prop"  Granted  Patents  for  many  Hundred  Thousand 
Acres  of  land,  which  are  not  till  this  day  surveyed  or  admisured  out.  By 
the  Act  of  Surrender  to  the  Crown,  all  those  who  had  surveyed  &  taken 
up  their  lands  before  the  Year  1727  were  to  be  confirmed  in  their  Pos- 
sessions but  such  as  had  to  that  time  Neglected  it,  were  with  great  Jus- 
tice precluded  from  any  right  of  doing  it  afterwards.  Whereas  this  Clause 
in  the  present  Act  breaks  in  upon  &  quite  overturns  the  wholesome  pro- 
vision, &  at  once  removes  the  strong  &  prudent  Guard,  &  lets  in  all 
those  Frauds  &  Impositions  on  the  Crown,  which  the  Act  of  Surrender 
was  intended  to  prevent.  And  in  direct  opposition  to  the  Act  of  Sur- 
render, this  present  Act  is  to  secure  all  such  who  have  taken  up 
Lands  since  1727,  tho'  by  virtue  of  old  Rights,  &  not  only  so,  but  in  a 
most  Extravagant  &  barefaced  manner,  &  to  the  obvious  Injury  of  the 
Crown  impowers  the  holders  of  Proprietory  Patents,  to  take  up  Land 
under  old  Proprietory  Grants,  even  now,  &  for  the  future,  till  within  8 
Months  after  the  Ratification  of  this  Act,  by  which  means  the  Frauds 
intended  to  be  remedied  by  the  Act  of  Surrender,  will  be  revised  &  let 
in  upon  the  Crown,  &  the  Rights  of  many  of  His  Majestys  Grantees 
overturned  &  sett  aside,  &  the  state  of  the  Grants,  &  Quit  rents  of  the 
Crown  be  all  thrown  into  the  utmost  disorder  &  Confusion ;  &  by  the 
very  Extraordinary  Powers,  given  to  the  Gov'  &  Council  to  pull  down 
&  sett  up  what  Grants  they  please,  a  most  astonishing  Inlett  is  opened 
to  all  manner  of  Frauds  &  Perjuries,  with  regard  to  Grants  of  Lands 
&  the  Restrictions  provided  by  this  Clause  when  considered,  must  appear 
to  be  of  no  weight  to  guard  against  or  prevent,  any  of  the  many  mis- 
chiefs that  must  unavoidably  arise  from  such  a  Clause  as  this  is, — The 
Limitation  of  8  months  is  from  the  time  that  His  Majesty  may  be  pleased 
to  ratify  this  Law  instead  of  a  Restriction  gives  the  largest  Latitude  pos- 
sible to  introduce  all  the  inconveniences  that  are  apprehended  to  arise 
from  a  Clause  of  this  Nature — the  Title  of  the  Grantees  under  the 
Crown,  not  being  to  be  defeated  unless  the  Person  claiming  under  the 
Proprietors  grant  shall  prove  before  the  Governor  &  Council  to  their 
Satisfaction,  that  such  grant  was  complete  before  the  issuing  the  Warrant 
under  which  His  Majestys  Grant  was  founded,  will  still  leave  the  Grant 
under  the  Crown  very  precarious,  as  it  will  depend  wholly  upon  the  will 
&  pleasure  of  the  Governor  &  Council.  And  tho'  the  Grantees  under 
the  Crown,  should   have  been  at  a  great  Expense  in  improving  their 


COLONIAL  RECORDS.  429 


Laiuls,  the  Gov'  &  Council  may  yet  permit  a  Dormant  Title  to  be  sett 
up  against  them  &  disposes  them  at  pleasure,  the  Quantity  of  Acres 
limited  by  this  Act,  does  not  preclude  others  who  have  Patents  dated 
before  1727  or  since  1729  to  claim  Lands  in  right  of  them.  Besides  if 
before  tiie  8  months  expired,  Gi'ants  should  be  tendered  to  be  registered 
for  more  than  150000  Acres  which  sliall  be  preferred  &  which  rejected, 
&  what  injustice  &  Confusion  must  be  the  Consequence  of  this  Provision. 
But  there  are  still  other  objections,  &  if  possible  still  stronger  against 
this  Clause,  whicli  is  apprehended  to  make  one  of  the  greatest  &  most 
violent  Breaches,  that  has  been  ever  attempted  since  the  Restoration,  on 
the  Laws-  &  Constitution  of  this  Kingdom,  As  it  draws  matters  of  Prop- 
erty &  Title  to  be  originally  examined  into  &  Determined  by  the  Gov' 
&  Council  which  is  against  all  the  most  Fundamental  Principles  of  Law. 
The  Grants  of  the  Crown  are  of  the  most  sacred  nature,  and  ought  not 
nay  by  Law,  cannot  be  rescinded  &  sett  aside,  but  by  due  course  of  Law, 
in  the  fair  comon  ordinary  Method  of  Tryal  by  a  Jury.  And  the  Gov- 
ernor &  Council  can  have  no  Cognizance  of  it,  but  on  an  appeal  by  way 
of  Writt  of  Error,  &  therefore  this  Act,  by  giving  them  a  power  to 
Determine  &  Defeat  the  Title  of  the  Grantees  under  the  Crown  in  the 
first  Instance,  by  way  of  original  Jurisdiction,  &  that  too,  in  a  sumary 
way,  &  without  being  held  to  legal  proof,  or  any  other  proof,  than  what 
may  be  to  the  satisfaction  of  the  Gov'  &  Council,  is  against  the  first 
principles  of  Law,  Destructive  of  y°  undoubted  Rights  &  Libertys  of 
the  subject,  breaks  in  on  Magna  Charta,  &  all  the  Laws  of  Great  Britain, 
Securatative  of  the  rights  of  the  subjects,  takes  away  &  Confounds  the 
Jurisdictions  of  Courts  &  is  wholly  unprecedented,  no  Law  of  this  kind 
Existing  in  any  of  our  Plantations. 

And  it  is  apprehended  that  the  subjects  too  have  no  remedy  by  way  of 
appeal  from  any  Determination  of  the  Gov'  &  Council  under  this  I^aw 
to  His  Majesty  in  Council.  For  it  is  conceived  the  Lords  of  the  Council, 
would  not  receive  an  Appeal  from  a  Determination  made  by  the  Gov'  & 
Council,  in  the  first  instance  where  the  Case  had  not  before  undergone  a 
Legal  Tryal  in  the  Comon  Ordinary  Courts  of  Justice,  and  which  yields 
another  strong  objection  against  this  part  of  the  Act. 

ythiy^  ^]]  Pei-gons  who  are  in  possession  of  Lands  by  virtue  of  Patents 
under  the  late  Lord  Prop'^  seal  bearing  date  on  or  since  the  25""  day  of 
July,  1729,  shall  not  be  disturbed  or  ciilled  in  Question  concerning  their 
right  to  such  Lands,  until  His  Majestys  Pleasure  concerning  the  same 
shall  be  made  known ;  And  if  His  Majesty  shall  disapprove  of  the  said 
Grants  that  then  &  in  such  Case  the  persons  claiming  under  them  shall 
be  intituted  to  hold  the  same  subject  to  &  under  the  Quit  rents  reserved 
made  payable  by  His  Ma''"  Grants. 


430  COLONIAL  RECORDS. 


By  this  Clause  in  the  Act,  if  His  Majesty  should  wholly  disapprove 
of  the  Patents  passed  since  1729  Yet  the  Patentees  are  intituled  to  hold 
the  Lands  they  are  in  possession  of,  and  if  they  are  not  in  possession  of  any 
Lands,  they  may  yet  by  the  favor  and  protection  of  the  Gov'  Disposses 
His  Majestys  Grantees,  which  is  giving  too  great  a  countenance  to  these 
Exhorbitant  Grants,  obtained  in  a  manner  that  deserves  no  such  marks  of 
the  Royal  Favour,  more  especially  as  this  confirms  them  in  possession  of 
all  the  Lands  that  are  in  their  Exhorbitant  Grants,  tho  not  one  Acre  of 
it  should  be  improved,  and  tho  the  Crown  should  disapprove  these 
Grants  and  tho  they  should  Contain  Tracts  of  land  ever  so  large  and 
unreasonable.  Yet  by  this  Act  the  Grants  themselves  are  Established 
and  Confirmed,  and  the  Grantees  of  the  Crown,  tyed  up  from  disputing 
the  Validity  thereof,  subject  to  the  Quit  rents  reserved  by  His  Majestys 
Grants  and  disabling  His  Majesty  from  preferring  and  supporting  His 
own  Grantees  to  whom  he  may  have  made  Grants  of  these  Lands.  All 
which  are  humbly  represented  as  very  extraordinary  powers  Prejudicial 
to  the  just  Rights  and  Perrogative  of  tiie  Crown,  and  such  as  the  Gov' 
by  his  Instructions  was  restrained  from  assenting  to,  and  as  powers 
unreasonable  &  improper  in  tliemselves,  and  no  ways  fitting  to  be  enacted 
into  a  Law. 

8*'^.  The  Act  runs  thus.  And  whereas  it  may  so  happen  that  divers  of 
the  Grants  issued  by  His  Majestys  Gov'  &  Council,  may  interfere  with 
those  passed  under  the  Lords  Proprietors  Seal,  since  the  25th  of  July 
1729.  Be  it  Enacted  that  all  such  His  Majestys  Grants,  shall  be  deemed 
good  &  valid  unless  it  shall  appear  that  such  Grants  were  surreptitiously 
obtained  (that  is  to  say)  That  the  Kings  Grantee  obtained  his  Grant, 
when  at  the  same  time  the  same  bears  date,  the  proprs  Patent,  was  actually 
recorded  in  the  Secretarys  office,  and  such  land  had  been  improved  by 
himself  or  others.  Or  when  the  Lords  Prop"  Patent  or  Grant  was  at 
the  time  His  Majestys  Grant  bears  date,  recorded  in  the  Secretarys  office, 
and  the  land  was  tiien  generally  reputed  to  be  held  by  the  Prop"  Patent 
or  Grant,  or  where  the  Lords  Prop"  Patent  or  Grant  at  the  time  the 
Kings  Grant  bears  Date  was  actually  recorded  in  the  Secretarys  Office  and 
the  Kings  Grantee  was  told  of  such  Grant,  &  provided  also  that  His 
Majestys  Grant  shall  not  affect  the  Lands  of  any  Person  who  claims 
under  the  Lords  Prop"  Patent  and  were  Minors  at  the  time  His  Majestys 
Grant  bears  date.  And  the  Gov'  and  Council  are  hereby  authorized  to 
decide  all  Questions  relating  thereto,  provided  the  Per.sons  claiming 
under  the  Lord  Prop"  Grant,  Exhibit  Petitions  in  the  Secry"  office  within 
12  Months  after  the  Ratification  of  this  Act. 


COLONIAL  RECORDS.  431 


Tlie  Conditions '  required  of  such  as  hold  patents  under  the  Lords 
Prop"  since  the  year  1729  are  so  worded,  that  it  is  impossible  to  know 
what  is  intended  by  them,  But  it  may  have  this  Effect,  that  it  will  leave 
all  matters  in  Dispute  wholly  to  the  Determination  of  the  Gov' &  Coun- 
cil, in  such  manner  as  they  shall  see  proper.  By  the  observations  already 
made,  it  appears  that  tiie  limitation  of  One  Hundred  &  fifty  Thousand 
Acres  is  only  between  the  years  1727  &  1729.  So  that  all  the  Patents 
either  before  1727  or  since  1729.  (of  which  I  am  persuaded  there  are  to 
the  anunint  of  One  Million  five  hundred  thousand  Acres  subsisting)  may 
without  any  Limitation  as  to  the  Quantity  of  Land,  at  a  small  Quit  rent 
be  confirmed  by  the  Gov''  &  Council  at  pleasure,  &  that  even  to  the  prej- 
udice of  His  Majestys  Grantees,  the  Powers  here  given  to  the  Gov'  & 
Council,  are  of  a  most  extraordinary  nature,  &  lyable  to  all  the  same 
objections  offered  against  the  preceeding  6""  Clause  &  the  subjecting  the 
Grants  of  the  Crown  to  be  sett  aside  at  all  by  the  Gov'  &  Council  in  an 
Original  Snmary  way  on  Petition  to  be  lodged  in  the  Secretary's  Office, 
but  more  Especially  under  the  uncertain  &  ]irecarious  terms  mentioned 
in  the  Act  Viz'  if  the  land  was  generally  reputed  to  be  held  by  the 
Prop'*  Patent  or  if  there  was  a  prior  Grant  from  the  Prop"  &  the  Kings 
Grantee  was  told  of  such  Grant,  is  something  of  so  very  extraordinary 
&  surprizing  a  nature,  &  lyable  upon  the  face  of  it  to  so  many  objections 
that  it  is  matter  of  wonder  how  the  Gov'  could  be  prevailed  on  to  assent 
to  such  a  Law,  without  at  least  incerting  a  suspending  Clause  in  it,  and 
as  the  proving  what  was  the  general  repute,  And  what  might  be  told  the 
Crowns  Grantee,  must  all  depend  on  Paroll  Evidence,  it  requires  no 
great  skill  to  point  out  what  a  wide  door  is  by  this  Act  opened  to  Per- 
jury; and  all  those  many  dreadfull  Mischiefs  &  Inconveniences  which 
our  statute  of  Frauds  &  Perjurys  was  Calculated  to  prevent. 

The  Quit  Bent  Lair  Diredx. 
That  all  Persons  possessed  of  Lands,  by  any  Titles  under  the  late 
Lords  Proprietors  shall  Register  their  Original  Grants  (if  they  are  not 
Registered  at  present)  as  well  as  their  Mesne  Conveyances,  in  the  Audi- 
tors Office,  within  8  montiis  from  the  Ratification  of  this  Act,  and  that 
all  Grants  under  the  late  Ijords  Proprietors  or  under  the  Crown,  <t  all 
Mesne  Conveyances  which  shall  not  be  registered  or  tendered  to  be  reg- 
istered, either  with  the  Auditor  or  Clerk  of  the  County  Court,  where 
the  land  lyes  shall  be  null  &  void.  Except  pertaining  to  Orphans  or 
Minors,  who  are  to  be  exempted  from  any  forfeiture  till  12  months  after 
they  are  of  age  and  the  Act  further  Directs,  that  for  the  better  ascertain- 
ing a  rent  roll,  the   Publick   Register  in  each  County,  shall  before  the 


432  COLONIAL  RECORDS. 


first  day  of  February  Yearly,  Transmitt  to  the  Auditor,  an  Exact  list 
of  all  the  Lands  conveyed  within  the  said  County,  In  which  siiall  i)e 
contained  the  partys  names  and  tjiiantity  of  Acres  with  their  situation. 
The  Secretary  is  in  like  manner  to  give  the  Auditor  an  acco'  of  all  the 
lands,  bequeathed  by  Wills. 

This  Clause  in  the  Act  is  drawn  up  with  all  the  Art  they  were  Mas- 
ters of,  in  order  to  colour  over  their  Designs,  &  to  make  tiie  Law  in 
some  particulars  appear  to  be  for  the  service  of  the  Crown,  tho'  in  fact 
it  is  otherwise. 

In  the  time  of  the  late  Lords  Prop'^  no  Patents  or  Grants  were  deemed 
perfect  till  the  survey  was  returned,  &  a  regular  Entry  made  thereof,  in 
the  Secretarys  Books,  which  rule  or  order  was  always  comply'd  with  by 
the  fair  purchasers,  &  such  as  have  taken  up  Lands  by  Virtue  of  Pat- 
ents fradulently  obtained,  have  likewise  comply'd  with  this  Rule,  the 
Grants  under  the  Crown  may  likewise  be  discovered  by  the  records  of 
the  Countys  the  Secretarys  Books,  &  the  Minnets  of  Council,  so  that  all 
that  is  necessary  to  discover  the  R'ghts  of  the  Patentees  under  the  late 
Lords  Prop"  and  tlie  Grantees  under  the  Crown,  is  a  fair  Examination 
of  the  Registers,  which  may  be  had  without  an  Act  of  this  kind,  but 
under  this  Disguise  it  is,  that  theyintend  to  Confirme  all  those  Patents, 
who  at  present  lye  Dorment,  of  which  (I  am  informed)  there  are  in  this 
City  to  the  Amount  of  one  Million  of  Acres,  besides  infinite  Numbers 
of  blank  patents  in  several  planters  hands  abroad,  which  may  be  fiU'd 
up  at  pleasure,  so  as  to  exempt  the  holders  of  them,  from  the  Payment 
of  Quit  rents  and  also  from  their  being  lyable  to  settle  &  cultivate  their 
Lands,  &  by  the  Direction  of  this  Act,  they  may  l)y  the  favour  &  pro- 
tection of  the  Gov'  &  Council,  Dispossesses  His  Majestys  Grantees,  even 
tho'  they  should  have  Cultivated  &  improved  their  liands.  These  few 
observations,  amongst  many  others,  which  might  be  offered  are  humbly 
submitted,  with  regard  to  the  Particular  Clauses,  &  parts  of  the  Act, 
pointed  out  in  the  opposite  Margent.  To  which  I  shall  only  beg  leave  to 
add  the  following  General  one,  which  goes  to  the  whole  Act,  Viz'  That 
there  is  no  suspending  Clause  in  the  Act,  as  there  ought  to  have  been,  & 
is  expressly  requir'd  in  a  Law  of  this  nature  by  several  of  the  Gov" 
Instructions  &  for  want  whereof  tiiis  Law  is  passed  in  breach  &  open 
defiance  &  Contempt  of  the  Royal  Instructions,  which  ought  to  be 
observed  witii  tiie  strictest  regard  &  Obedience. 

Remarks  on  the  Oidtivation  Act. 
By  an  Act  intituled   the  Cultivation  Act,  all  persons  who  hold  Lands 
by  Viitue  of  Grants  under  the  Crown,  are  only  required  to  clear  one  aci'e 


CULUXIAI.  KECOKD.S.  -laa 


in  tlie  hundred  in  three  years.  The  present  L*  Chancellor,  when  Attor- 
ney General,  In  obedience  to  Directions  given  him  for  that  purpose,  pre- 
j)ared  the  form  of  a  patent  to  be  observed  in  South  &  North  Carolina 
which  wajs  to  this  Effect,  Namely,  That  it  should  be  incerted  in  the  body 
of  the  Grant  that  every  Grantee  should  C'lear  &  Cultivate  Six  Acres  in 
the  Hundred  in  three  Years,  or  that  in  failure  tliereof  the  I^auds  granted 
should  revert  to  the  Crown. 

Governor  Johnston  in  North  Carolina  complyed  but  in  part  with  this 
Order  and  made  the  Grantees  only  lyable  to  Clear  &  Cultivate  3  acres  in 
the  hundred  in  3  years,  from  the  date  of  their  Patents.  However  this 
being  found  inconvenient  to  many  of  his  friends,  who  had  engrossed  large 
Tracts  of  Land,  not  with  a  view  to  Cultivate  &  improve,  but  to  sell  to 
others,  he  has  passed  the  above  mentioned  Law,  in  order  to  release  them 
from  the  cultivating  Restriction  laid  on  them  by  the  Grant,  &  to  give 
them  3  years  more  to  clear  but  one  acre  in  the  hundred,  so  that  if  this 
Law  is  not  repealed,  the  Crown  will  have  no  security  for  the  payment  of 
the  Quit  rents  which  wholly  depends  on  the  improved  Land,  nor  will  the 
Possessors  of  the  Grants  promote  the  settlement  of  Lands  in  the  manner 
that  other  ways  they  might  find  it  their  Interest  to  do,  and  the  Royal 
Intention  of  putting  the  Grantees  under  an  obligation  of  improving  the 
Land  be  wholly  defeated  &  disappointed,  and  the  land  be  wholly  uncul- 
tivated, the  Royal  intention  was  that  6  Acres  in  the  hundred  should  be 
cultivated  in  3  years.  The  Governor  in  the  first  instance  went  half  way 
to  defeat  this,  by  holding  the  Grantee  to  improve  but  three  Acres  in  the 
hundred  in  3  years  under  the  Conditions  of  his  Grant  and  this  tho'  so 
reasonable  in  itself,  &  so  easy  to  Ije  complyed  with,  and  which  most  cer- 
tainly would  have  been  complyed  with,  had  there  been  any  intention  in 
the  Grantee  of  cultivating  the  I^and  at  all,  was  still  to  be  further  released, 
and  an  Act  passed  to  dispence  with  the  Terms  and  Restrictions  of  the 
Grants,  and  to  give  3  years  more  to  improve  only  one  acre  in  the  100,  so 
that  instead  of  six  Acres  in  the  hundred  being  improved  in  3  Years,  the 
Gov'  has  thought  fit  to  give  the  Grantees  6  years  to  improve  only  1  acre 
in  the  hundred,  and  when  these  New  3  years  are  expired,  it  will  be  as 
little  a  stretch  to  discharge  the  Grantees  from  the  cultivating  Clause  quite, 
but  how  an  Act  of  this  kind  can  be  considered  as  a  Cultivation  Act,  is 
something  difficult  to  account  for  the  Enacting  part  of  this  Act  being  of 
a  quite  different  Nature  from  what  the  Title  of  the  Act  would  lead  one 
to  Expect.  And  if  this  I^aw  should  receive  the  Royal  assent  it  is  no  dif- 
ficult matter  to  foresee  that  the  further  Cultivation  of  this  Province  is  at 
an  end,  and  such  a  Wound  will  be  thereby  given  to  the  Quit  rents  of  the 
Crown  as  they  will  not  easilv  be  able  to  recover,  and  all  the  Forfeitures, 


434  COLONIAL  liECORDS. 


which  for  want  of  cultivating  the  Lands,  persuant  to  the  Terms  of  the 
Gi'anttf,  were  or  would  be  vested  in  the  Crown,  and  that  only  real  Security 
for  the  Quit  rents  of  the  Crown  will  be  at  once  given  up,  and  the  real 
rights  of  the  Crown  be  injured  in  a  most  sensible  manner. 

And  notwithstanding  all  these  ill  C'onsequences  arising  from  this  Act 
to  the  Rights  and  Revenues  of  the  Cn)wn,  the  Gov''  has  in  manifest  con- 
tempt of  his  Instructions  thought  fit  to  pass  this  Law,  without  any  sus- 
pending jClause  in  it. 

For  all  which  amongst  many  other  reasons,  It  is  humbly  proposed, 
that  this  Act  shall  likewise  receive  the  Royall  Disallowance. 

(Endorsed) 
Reed :  from  M^  M^Culloh. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  51.] 

At  the  Coun(;il  Chamber  Whitehall  the  ol"  Day  of  July.  1740. 
Present  Their  E.xcellencys  the  Lords  Ju.stices  in  Council. 

Whereas  by  Commission  under  the  Great  Seal  of  Great  Britain  the 
Governor  Council  &  Assembly  of  His  Majestys  Province  of  North  Cai'o- 
lina,  are  authorized  and  impowered  to  make,  constitute  and  ordain  Laws 
Statutes  and  ordinances  for  the  Publick  Peace  Welfare  and  Good  Govern- 
ment of  the  said  Province  which  Laws,  Statutes  and  Ordinances  are  to 
be  as  near  as  conveniently  may  be,  agreeable  to  the  Laws  and  Statutes  of 
this  Province  Kingdom  and  to  be  transmitted  for  his  Majestys  Royal 
Approbation  or  Disallowance — And  whereas^  in  pursuance  of  the  said 
Powers  an  Act  was  passed  in  the  said  Province  in  1738  which  hath  been 
transmitted  entituled  as  follows — viz' 

An  Act  for  providing  His  Majesty  a  rent  Roll  for  securing  His  Maj- 
esty's Quit  Rents  foi-  the  Remission  of  Arrears  of  Quit  Rents  an  for 
quieting  the  Inhabitants  in  their  Pos.sessions  and  for  the  better  Settlement 
of  His  Majesty's  Province  of  North  Carolina. 

Which  Act  together  with  a  Representation  from  the  Lords  Commis- 
sioners for  Trade  and  Plantations  proposing  the  repeal  thereof  haveing 
been  referred  to  the  Consideration  of  a  Committee  of  the  Lords  of  His 
Majesty's  most  honourable  Privy  Council  for  Plantation  affairs  the  said 
Lords  of  the  Committee  did  this  day  report  to  their  Excellencvs  the 
Lords  Justices  tiiat  upon  considering  the  said  Act  they  found  a  clause 
inserted  therein  for  the  better  ascertaining  the  value  of  the  Paper  Money 
whereV)y  a  Power  is  given  to  the  Governor  and  Council,  the  Attorney  & 


COLONIAL  RECORDS.  43: 


Receiver  General  and  as  many  of  the  House  of  Burgesses  as  shall  equal 
the  number  of  Governor  Council  Attorney  and  Receiver  General,  to  regu- 
late the  Exchange  annually,  and  that  it  was  the  opinion  of  the  Commit- 
tee that  the  vesting  such  Power  in  any  Persons  whatsoever,  might  he 
of  dangerous  consequence,  and  highly  prejudicial  to  the  Trade  of  this 
iSTation,  and  that  therefore  the  said  Act  ought  to  be  repealed. 

Their  Excellencys  the  Lords  Justices  taking  the  same  into  Considera- 
tion were  pleased  with  the  advice  of  his  Majestys  Privy  Council  to  de- 
clare their  Disallowance  of  the  said  Act,  and  pursuant  to  their  Excel- 
lencys pleasure  thereupon,  the  said  Act  is  hereby  repealed,  declared  void 
and  of  none  effects — Whereof  the  Governor  or  Commander  in  Chief  of 
His  Majestys  Province  of  North  Carolina  for  the  time  being  and  all  others 
whom  it  may  concern  are  to  take  Notice  and  govern  themselves  accord- 
inglv.  A  true  copy. 

JA :  VERNON. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  49.  p.  1.] 

BOARD  OF  TRADE  JOURNALS. 

At  a  Meeting  of  His  Maj.  Commis"  for  Trade  and  Plantations. 
Present 
Lord  Monson 
M'  Ashe.     M'  Plumer 

Friday.  January  IP"  173^. 
Ordered  that  the  Secretary  prepare  the  Draught  of  a  letter  to  Gabriel 
Johnstou  Esq'"  Gov''  of  North   Carolina  desiring  him   to  send  over  by 
the  first  opportunity  the  several   Laws  jiassed  therein  and  mentioned  in 
his  letter  of  10  April  1739. 

(Page  a.] 

Tuesday.  January  15*  173^. 

Read  the  draught  of  a  letter  to  the  Gov'  of  North  Carolina  mentioned 
in  the  Minutes  of  Friday  last  and  the  same  being  agreed  to  was  ordered 
to  be  transcribed — and  was  signed  Jan'''  17"" 

Ordered  that  a  letter  be  sent  to  M'  M^Culloh  Agent  for  North  Caro- 
lina desiring  liim  to  lay  before  the  Board  a  state  of  the  Council  of  that 

Province. 

[Page  4.1 

Wednesday.  January  23'*  173^. 
M'  M^Culloh  Agent  for  North  Carolina  delivered  in  a  paper  entitled 
(t  ahort  date  of  the  paper  eurreney  of  North  Oirolina  which  was  accord- 
iiiu'lv  read. 


436  COLONIAL  RECORDS. 


fPage  39.3 

Wednesday  April  16*  1740. 

Tlie  Secretary  laid  before  the  Board  several  public  ])apers  lately 
received  from  North  Carolina  transmitted  by  Governor  .Johnston  as 
promised  in  his  letter  (dated  April  10'"  1739  and  read  5'"  of  .Inly  fol- 
lowing— Viz : 

Minutes  of  Council  from  .June  28'"  1738  to  March  6'"  173| 
Eleven  Acts  of  Assembly  passed  in  1738.     Ordered  that  the  said  Acts 
be  sent  to  M'  Fane  for  his  opinion  thereupon. 

[Page  45.] 

Thursday.  May  1"  1740. 
Read  a  letter  from  M' Johnston,  Gov' of  North  Carolina  to  the  Board 
dated  at  Cape  Fear  Jan'^  28.  173^  containing  his  observations  on  the 
Acts  lately  passed  in  that  I^rovince  and  particularly  upon  the  Quit  rent 
law. 

[Page  55.] 

Thursday.  May  22°''  1740. 
Their  Lordships  took  into  consideration  the  Quit  rent  law  of  North 
Carolina  and  M''  Fane  attending  had  some  discourse  with  him  upon  the 
subject  matter  of  the  said  law  and  at  the  same  time  desired  he  would 
give  them  his  thoughts  thereupon  as  soon  as  conveniently  may  be  after 
the  holidays  which  he  promised  to  do  accordingly 

[Page  56.  J 

Wednesday  .June  4'"  1740. 
M'  M°Culloh  attending  delivered  in  a  paper  at  the  Board  entitled 
"General  Remarks  on  such  clauses  of  the  Quit  rent  and  Cultivation 
Acts  passed  in  North  Carolina  in  1738  as  are  conceived  to  be  incon- 
sistent with  his  Maj.  instructions  the  Constitution  and  the  laws  of  Eng- 
land and  the  rights  of  His  Maj.  subjects  in  America"  the  Board  took 
tlie  same  into  consideration  and  after  some  time  spent  therein  deferred 
the  further  consideration  of  same  till  tomorrow. 

[Page  57.  ] 

Thursday  June  5'"  1740. 
M'  McCulloh  attending  the  paper  of  remarks  mentioned  in  yesterday's 
minutes  being  again  heard  the  Board  after  .some  discourse  with  him  on 
that  .subject  took  the  same  again  into  consideration  and  made  some  pro- 
gress therein  referring  the  further  consideration  thereof  to  Tuesday  next. 

[Page  .58.] 

Tuesday  June  10'"  1740. 

Tlie  Board  likewise  had  again  under  consideration  the  paper  of  remarks 
on  some  clauses  in  two  Acts  passed  at  North  Carolina  in  1738  mentioned 


COLONIAL  RECORDS.  437 


in  the  Minutes  of  the  5"'  inst.  and  ordered  the  Draught  of  a  Report  to  he 
prepared. 

Wednesday  June  ll'"  1740. 

AP  M^CnUoli  attcndiiit;  <lu'  Board  had  .some  further  discourse  with  him 
on  tiie  subjeet  of  that  part  of  ids  paper  of  remarks  wlucli  relates  to  tlie 
Quit  rent  Aet  &  taking  into  consideration  the  Draugiit  of  a  Report  <ni 
tiiat  and  tiie  otiier  Aet  mentioned  in  yesterday's  minutes  made  some  pro- 
gress therein. 

[Page  59.  J 

Thursday  June  12'"  1740. 

Read  an  aoeount  of  tiie  state  of  the  paper  currency  of  Nortli  Carolina 
from  the  first  erai.ssion  of  any  bills  of  credit  to  the  year  1740.  N  B. 
This  came  under  a  cover  addressed  to  the  Board  but  without  any  letter 

Ordered  that  the  Secretary  write  a  letter  to  the  Gov"'  of  North  Caro- 
lina acquainting  him  that  the  above  paper  had  come  to  the  Board  with- 
out being  signed  or  any  letter  transmitting  it  and  desiring  him  to  send 
an  authentic  account. 

IPageSO.l 

M'  M'Culloh  attending  the  Board  had  some  further  discourse  with 
him  on  the  subject  of  the  Quit  rent  law  &c.  and  the  Secretary  was 
orderetl  to  write  to  some  of  the  Merchants  trading  to  North  Carolina 
desiring  their  attendance  at  the  Board  on  Thursday  morning  next. 

I  Page  62.  J 

Wednesday  June  18'"  1740. 

Read  a  letter  from  M'  Johnston  Gov'  of  North  Carolina  to  the  Board 
dated  at  Newbern  March  3"*  173^  inclosing  an  account  of  the  state  of 
the  paper  currency  of  that  Province  from  the  first  emission  of  any  bills 
of  credit  to  the  year  1740  and  recommending  some  persons  to  be  of  the 
Council  there 

Ordered  that  the  Draught  of  a  letter  be  prepared  in  answer  to  this  & 
the  other  letter  rec*  from  him  since  the  last  to  him  from  the  Board. 

[Page  63. J 

Thursday  June  19'"  1740 
M'  M°Culloh  attending  with  several  Merchants  (whose  names  are  in 
the  Margin  M'  Roll'  Carey  M"^  Thos.  Hyam  M''  J""  Thomlin.sou.  M' 
Hen.  Heylyu.  M'  J""  Hawkins  M'  Hen.  Howson.  M'  Thos.  Smith  M' 
David  Cave.  Capt.  Aaron  Mollish  M'  W"  Vaughan)  trading  to  N° 
Carolina  as  desired  by  the  Minutes  of  the  12*"  inst.  the  Board  had  .some 
discourse  with  them  on  the  subject  of  the  Quit  rent  law  &c.  passed  in 
that  Province  and  after  hearing  their  objections  to  the  same  tiie  Board 
ordered  that  the  Draught  of  a  Representation  to  their  Excellencies  the 
Lords  Justices  lie  prepared  advi.sing  the  disapprobation  of  the  .said  Act. 


438  COLONIAL  RECORDS. 


Ordered  likewise  that  the  Draught  of  a  Representation  to  their  Ex- 
cellencies the  Lords  Justices  be  prepared  advising  the  disapprobation  of 
the  Cultivation  Act  passed  in  the  said  Province  of  N°  Carolina. 

[Page  64.] 

Wednesday  June  25*  1740. 
The  Board  had  under  consideration  the  draught  of  a  Representation 
to  their  Except  the  Lds.  Justices  on  the  subject  of  the  Quit  rent  law 
ordered  to  be  prepared  by  the  Minutes  of  Thursday  last  &  made  some 

progress  therein. 

[Page  65.] 

Thursday  June  26'"  1740. 

The  draught  of  a  letter  to  M'  Johnston  Gov'  of  No.  Carolina  having 
been  prepared  as  order""  by  the  Minutes  of  the  18'"  inst.  the  same  was 
agreed  to  and  signed. 

The  draught  of  a  Representation  to  the  Lords  Justices  ordered  by  the 
Minutes  of  the  IQ""  inst.  advising  the  disapprobation  of  the  Quit  rent 
law  of  No.  Cai'olina  A°  1738  was  agreed  to  &  signed. 

[Page  66.] 

Tuesday   July  1"  1740. 
The  draught  of  a  representation  to  the  Lds.  Justices  ordered  by  the 
Minutes  of  the  19'"  of  last  month  advising  the  repeal  of  the  cultivation 
Act  passed  at  North  Carolina  in  1738  was  agreed  to  &  signed 

[Page  93.] 

Thursday  October  9'"  1740. 

Read  a  Memorial  from  four  gentlemen  of  the  Council  in  North  Caro- 
lina to  the  Board  dated  at  Cape  Fear  River  July  3"*  1740  complaining 
of  M"'  Smith  the  eldest  Councillor  and  three  other  members  of  that 
Board  who  join  in  supporting  him  in  the  exercise  of  a  i)ower  whereby 
the  rights  of  the  Council  there  have  been  infringed. 

Ordered  that  the  said  Memorial  lye  by  to  be  considered  when  the 
Minutes  of  Council  &  representation  to  which  it  refers  shall  arrive. 

[Pages  97  and  101.] 

Thursday  October  16'"  1740. 
The  Secretary  laid  before  the  Board  the  following  copies  of  Orders  of 
Council  transmitted  from  the  Council  Office  the  22''  Sept.  last  the  Titles 

whereof  were  read,  Viz' 

*  *  *  *  * 

Copy  of  an  Order  in  Council  dated  the  14'"  August  1740  directing  in 
what  manner  Grants  of  land  shall  pass  in  South  &  North  Carolina  and 
directing  the  Governors  to  countenance  and  protect  M'  M°Cnlloh  in  his 
office  of  Comptroller  of  the  Quit  rent  there 


COLONIAJ.  RECORDS.  l;JiJ 


Ci)py  of  an  Order  iu  Council  dated  the  12  June  1739  approving  a 
Representation  of  this  Board  proposing  Jas.  Murray  Esq.  to  sup])]y  a 
vacancy  in  the  CJouncil  of  North  Carolina  by  the  death  of  P^dniiuid 
Porter  Esq'. 

Copy  of  an  Order  iu  Council  dated  21  July  174U approving  a  Repre- 
sentation of  this  Board  proposing  the  repeal  of  an  Act  passed  at  Nortli 
Carolina  iu  1738  for  providing  His  Mnjcdy  a  rent  role  for  securiiif/  Hix 
3IajeMy's  Quit  rents  for  the  remisifion  of  arrears  of  Quit  rents  &e. 

[Page  108.  J 

Tuesday  October  28""  1 740. 

The  Secretary  laid  before  the  Board  four  Acts  passed  iu  No.  Carolina 
iu  Fely  173;^  (referred  to  iu  Gov"'  Joljuston's  letter  of  the  third  of 
March  173;^^^  and  read  18  June  last)  the  titles  of  which  acts  were  read 

Ordered  that  the  said  Acts  be  sent  to  M"  Fane  his  Maj.  Council  at  law 
for  his  opinion  thereupon  in  point  of  law 

At  the  same  time  the  Secretary  laid  before  the  Board  likewise  the 
Journal  of  the  Assembly  of  No.  Carolina  beginning  June  S*  and  end- 
ing Sept.  22-*  1739. 


[From  M8S.  Records  of  North  IUrolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newbern  the  o""  Feljruary  17|^| 
Present  His  Excellency  tiie  (xovernour 

(  Natii  Rice  Math  Rowan    ~| 

The  Houoble  ^  Rob'  Haltou  Edw*  Moseley  I 
(  Eleazer  Ellen  Roger  Moore  j 
His  Excellency  was  pleased  to  acquaiut  his  Majesty's  Council  that  he 
had  received  a  Letter  from  the  Board  of  Trade  with  two  Addresses  from 
the  House  of  Lords  and  likewise  two  Addresses  from  the  House. of  Com- 
mons to  his  Majesty  that  his  Majesty  would  be  graciously  pleased  to  give 
directions  to  the  proper  Offices  to  prepare  an  Account  to  be  laid  before 
their  respective  Houses  of  the  paper  Money  Current  in  the  British  Plan- 
tations in  the  year  1700  as  also  of  the  amount  of  all  such  money  Created 
or  issued  since  1700  with  the  amount  of  the  value  of  such  paper  Money 
or  Bills  of  Credit  at  the  respective  times  of  their  creating  or  issuing  and 
what  provision  was  made  for  Sinking  such  Money  together  with  an 
Account  of  the  Amount  of  the  Bills  that  have  been  sunk  and  also  of  the 
Bills  now  vSubsisting  in  the  Plantations  with  the  Amount  in  the  money 
of  Great  Britain  distinguishing  each  Specie?  and  each  Colony 


440  COLONIAL  KECOKDIS. 


As  also  an  Account  of  what  Rate  all  Gold  aud  Silver  Coins  passed  and 
Gold  and  Silver  were  purchased  at  or  sold  for  per  ounce  in  the  years 
1700,  1710,  1720,  1730  and  at  this  time  in  the  said  Plantations  distin- 
guishing each  Colony  or  Plantation 

Which  Letter  reconiending  it  to  his  Excellency  forthwith  to  prepare 
and  transmit  to  them  such  Accounts  for  this  province  and  addresses  were 
read  and  thereupon  his  Excellency  was  pleased  to  name  Eleazer  Allen 
Mathew  Rowan  aud  Edward  Moseley  Esq''  and  they  were  accordingly 
appointed  a  Committee  to  draw  up  such  Acct)unt  and  lay  it  before  this 
Board  with  all  convenient  Speed 

His  Excellency  was  pleased  to  acquaint  the  Board  that  the  Board  of 
Trade  had  Signifyed  to  him  the  Repeal  of  two  Laws  that  he  had  for- 
merly wrote  his  opinion  to  them  upon  that  they  ought  to  be  rejiealed  and 
that  he  thought  it  was  the  Act  of  Staple  Coniodities  rated  and  that  for 
establishiny;  the  Courts  and  Offices  at  Edenton 


At  a  Council  held  at  Newbern  the  14'"  February  Anno  Dom  17|^ 
Present  His  Excellency  the  Goveruour 
'Ch  Jus  Smith     Nath  Rice 


rp,     TT       11  Col  Halton  Edw*  Moselev     Es(i"  Members 

iheHonohle        t,-\      r   \h  v  at        "     '       i-  /-<         -i 

Eleaz   Allen         Roger  Moor      (      oi  Councu 

[  Math  Rowan  J 

Read  Sundry  petitions  for  Patents  Viz' 

W"  Barti-im  for  70  Bladen,  John  Bull  '200  Bertie,  Jno  Collins  400 
D°,  John  Cain  160  Edgcombe,  Beuj'  Larkeed  300  Tyrril,  Jno  Cox 
200  Craven,  James  Craven  646  Tyrril,  W"  Drake  160  Edgcombe,  Jos 
Dwight  250  Beaufort,  Jno  Etlieridge  300  Currituck,  W"  Taulk  400 
Edgcombe,  Christ"  Gun  500  D",  W"  Gardiner  160  Tyrril,  Christ"  Guin 
400  Edgcombe,  Robert  McRee  300  Tyrril,  Jermau  Howard  640  Ons- 
low, Thos  Hall  100  D",  W"  Howel  200  Edgcombe,  Jno  Holmes  (560"= 
ret")  640  D°,  W"  Home  160  D°,  Jere  Hilliard  200  D°,  Eman  Jones 
300  Onslow,  W"  Johnston  300  Edgcombe,  Eman  Jones  350  Onslow, 
(Thos  Murphy  for  a  resurvey  of  the  Laud  whereon  he  Dwells),  Jos 
Moore  400  Edgcombe,  Edm"  Peirce  190  Beaufort,  Benj"  Regney  225 
D",  Jno  Worsley  640  D°,  Nath  Draper  500  D",  Jeremiah  Sunions  300 
N.  Hanover,  Sam  Noble  320  Carteret,  Jno  Pope  400  Edgcombe,  Jno 
Veal  240  Bertie,  Chas  Stevenson  1,280  D°,  W"  Suggs  140  Craven, 
George  Suggs  400  Edgcombe  Rich"  Wiggins  160  D",  Frans  Roundtree 
200  D°,  Jno  Vernau  500  Beaufort,  Eliz  Procter  250  D°,  Edward 
Bunch  200  Bertie,  Jno  Worsley  300  Beaufort  Fran'  Hoptons  400  Tyr- 
ril, Moses  Houston  300  Carteret,  Jas  Herbert  200  Craven,  Robt  House 
210  Bertie,  Steph  Howard  640  Onslow,  Robt  Halton  500  (be  marked  J 


COLONIAL  RECORDS.  441 


Oathy  lie  had  granted  formerly  for  the  same)  N.  Hanover,  W™  Ken- 
nedy jiinr  .320  Tyrril,  Anthony  Lewis  150  Onslow,  Jos  Lane  400  Kdg- 
combe,  Jos  Moore  240  D°,  Thos  Fulcher  1.50  Craven,  Jno  Jewell  .'JOO 
Beaufort,  Seth  Pilkington  640  D°,  Fran"  Roundtree  400  Edgcombe, 
Dan  Siinions  200  Beanfort,  David  Wharton  300  D» 
The  Court  adjourned  till  tomorrow  morning  9  o'Cloek. 

The  15  February     Present  as  before 

His  Excellency  the  Governour  was  pleased  to  acquaint  this  Board  that 
for  some  time  past  there  had  been  no  regular  Court  of  Chancery  held 
in  this  province  and  that  it  was  necessary  to  have  the  said  Court  Estai)- 
lished  to  be  held  at  a  Certain  place  whereupon  the  Council  were  unani- 
mously of  opinion  that  for  the  future  all  Courts  of  Chancery  within  this 
province  shall  be  held  at  Newton  in  the  County  of  New  Hanover  on 
the  third  Tuesdays  in  the  Montli  of  May  and  September  yearly  and  so 
de  die  in  diem  being  the  time  the  Court  of  Assizes  is  held. 

Ordered  that  Pnblick  Nt)tice  hereof  be  sett  up  at  the  Court  House 
Door  in  every  County  within  this  Province  and  that  any  Complainant 
or  Defendant  in  the  said  Court  may  repair  to  any  member  of  His  Maj- 
estys  Council  and  make  Oath  to  his  or  their  Bills  answers  and  Inter- 
rogatories depending  in  the  said  Court 

Mr  Ch  Justice  Smith  took  and  Subscribed  the  several  Oaths  appointed 
by  Law  to  be  taken  by  Public  Officers  in  Pursuance  of  the  Commis8it)n 
of  Assize  and  General  Goal  Delivery  for  Beaufort  and  Hyde. 

Col  Edward  Moseley  took  and  subscribed  tlie  several  Oaths  by  law- 
appointed  to  be  taken  by  Public  Officers  as  one  of  the  Pnblick  Treas- 
urers of  the  province 

Read  Sundry  Petitions  for  Patents  Viz' 

Thos  Spights  (353  ret")  640  Craven,  Jno  Ballard  300  Edgcombe,  Jno 
Dep  50  Craven,  Rob'  Forster  395  Bertie,  W"  Barr  365  Beaufort,  Read- 
ing Blunt  300  Craven,  Jno  Perry  535  Bertie,  Chas  Evans  575  Beau- 
fort, Jno  Bryant  640  Craven,  Jno  Freeman  100  Beaufort,  Walter 
Droughon  640  Bertie,  Edw*  Mashburn  640  Onslow,  Jno  Boyd  640 
Beaufort,  Math  Rowan  500  N.  Hanover,  Benj  Evans  260  Edgcombe 

Read  this  day  at  the  Board  the  Petition  of  Giles  Long  in  those  words 

To  His  Excellency  Gabriel  Johnston  Esq'  Governour  Cap'  General  and 
Commander  in  Chief  in  and  over  his  Majestys  province  of  North 
Carolina  Humbly  Sheweth 

That  your  Petitioner  is  in  peaceable  possession  of  a  tract  of  land  con- 
taining two  hundred  acres  or  thereabouts  joyning  the  lands  of  Thos 
Long  in  Tyrrel  County  which  land  hath  been  peaceablv  possest  bv  vour 
■  56  ■ 


442  COLONIAL  RECORDS. 


Petitioner  and  those  nnder  whom  he  claims  about  thirty  five  years  as 
may  appear  by  the  Deposition  of  Thos  Ijong  taken  before  Edward 
Moseley  Esq'  one  of  his  Majestys  Council  of  this  Province  which  proof 
your  Petitioner  is  ready  to  produce  to  your  Excellency  and  prays  that 
the  same  may  be  enrolled  in  the  Secretary  and  Auditor  General's  Office 
agreeable  to  a  clause  in  an  Act  of  Assembly  of  this  province  Intituled 
an  Act  for  Securing  his  Majesty's  Quit  Rents  for  the  remission  of  Arrears 
of  quit  Rents  and  for  queting  the  Inhabitants  in  their  Possessions  and 
for  the  better  Settlement  of  his  Majesty's  Province  of  North  Carolina 
And  your  Petitioner  is  in  duty  bound  shall  ever  pray  &c 

The  Deposition  of  Thomas  Long  before  the  Honourable  Edward 
Moseley  Esq'  one  of  his  Majestys  Council  of  this  province  was  also  read 
in  these  Words  Viz' 

North  Carolina — ss. 

That  on  the  Seventh  day  of  February  Anno  1739  Personally  appeared 
before  me  Thomas  Long  of  Tyrril  County  who  on  his  Oath  on  the  Holy 
Evangelists  taken  saith  that  he  well  knoweth  the  Plantation  whereon 
Giles  Long  how  dwelleth  in  Tyrrel  County  butting  on  Albemarle  Sound 
containing  two  Hundred  Acres  or  thereabouts  lying  to  the  Eastward  of 
the  land  of  his  Deponent  liveth  on  and  to  the  westward  on  land  belong- 
ing to  Andrew  Long  Brother  of  the  said  Giles  which  land  of  Giles  Long 
did  formerly  belong  to  James  Long  father  of  the  Deponent  and  whereon 
the  said  James  dwelled  and  was  possessed  by  him  to  this  Deponents  per- 
fect knowledge  about  thirty-five  years  ago  and  after  the  said  James'  death 
the  same  two  hundred  acres  was  possessed  by  James  Long  brother  of  this 
Deponent  by  virtue  of  his  Father's  Will  And  after  the  decease  of  James 
the  Son  of  the  same  Land  came  unto  the  said  Giles  by  Virtue  of  the 
Will  of  James  Long  his  father  and  is  now  in  possession  of  the  said 
Giles  and  for  thirty  five  years  past  has  been  in  possession  of  the  said 
James  Long  this  Deponent's  father  Elizabeth  Long  this  Deponent's 
mother  James  Long  Brother  of  this  Deponent's  and  the  aforesaid  Giles 
Long  nephew  to  this  Deponent 

Sworn  before  me  the  day  and  year  above  mentioned 

E.  MOSELEY. 

His  Excellency  the  Governour  and  Council  were  thereupon  of  opinion 
that  the  said  Depositions  of  Thomas  Long  was  Sufficient  proof  of  the 
said  Giles  Longs  quiet  Possession  of  the  said  two  Hundred  Acres  of 
Land  lying  in  Tyrril  County  joining  the  Lands  of  Thomas  Long  and 
that  from  henceforth  the  said  Giles  Long  His  Heirs  and  Assigns  shall  and 
may  quietly  hold  and  enjoy  the  said  two  hundred  Acres  of  land  against 


COLONIAL  RECORDS.  443 


hi.s  Majestys  his  Heirs  and  Successors  paying  yearly  every  25  day  of 
March  the  Sum  of  two  Pounds  Sterling  ^  hundred  acres  for  the  said 
Land  agreeable  to  the  Act  Intitulefl  an  Act  for  providing  his  Majesty  a 
rent  roll  for  Securing  his  Majestys  Quit  Rents  for  the  remission  of 
Arrears  of  Quit  Rents  and  for  quieting  the  Inhabitants  in  their  posses- 
sions and  for  the  better  Settlement  of  his  Majestys  Province  of  North 
Carolina. 

Read  the  Petition  of  Thomas  Long  of  Tyrrel  County  shewing  that  he 
hath  been  in  possession  of  one  liundred  Acres  of  land  joyning  Eliz. 
Hawkins  Land  in  the  said  County  for  upward  of  23  years  proved  by 
the  Depositions  of  Jacob  Blount  and  Eliz  Hawkins  praying  the  same 
be  enrolled  in  the  Secretarys  and  Auditors  Generals  Office 

Granted  in  the  same  manner  as  the  above  Petition  of  Giles  Long. 

Read  the  Petition  of  Thomas  Long  of  Tyrrel  County  shewing  he 
hath  been  in  possession  of  one  hundred  acres  of  land  joyning  Eliz  Haw- 
kins Land  in  the  said  County  for  upwards  of  23  years  proved  by  the 
Depositions  of  Jacob  Blount  and  Eliz  Hawkins  praying  the  same  may 
be  enrolled  in  the  Secretarys  and  Auditor  Generals  Offices 

Grantefl  in  the  same  manner  as  the  above  Petition  of  Giles  Long. 

Read  the  Petition  of  John  Taylor  of  Chowan  County  shewing  that 
lie  iiath  been  in  possession  125  acres  of  Land  joyning  the  land  of  Col 
Edward  Moseley  and  lands  belonging  to  one  Wharton  in  the  said  County 
for  upwards  of  34  years  proved  by  the  Deposition  of  Edward  Moseley 
Esq'  one  of  his  Majestys  Council  and  praying  the  same  may  be  enrolled 
in  the  Secretarys  and  Auditor  Generals  Office 

Granted  in  the  same  manner  as  the  foregoing  petitions 

Read  the  Petition  of  Rebecca  Purcel  shewing  that  her  late  Brother 
Henry  Dice  deceased  devised  to  his  Son  John  Dice  a  Minor  a  tract  of 
land  Surveyed  by  M'  Boyd  and  return  made  into  the  proper  Offices  but 
that  not  having  Patented  the  said  Laud  in  his  Life  time  James  Rigney 
has  obtainetl  a  AVarrant  for  the  said  land  is  prejudice  of  the  said  Minors 
Righten  Equity  the  therefore  prays  a  Patent  in  the  name  of  John  Dice 
on  the  said  return  or  in  case  the  same  being  lost  a  new  warrant. 
Granted. 

The  IS""  February     Present  as  iiefore 

Read  Sundry  Petitions  for  Patents  Viz' 

Jno  Williams  for  254  Craven,  Rob'  Wails  150  1>,  Herman  Hill  300 
D°,  Thos  Wallace  150  Currituck,  Tiieop  Williams  150  Craven,  Benj' 
Evans  266  Edgcombe,  Morgan  Morgan  320  N.  Hanover,  Rob'  Boyd  230 
Beaufort     Granted 


444  COLONIAL  RECORDS. 


Read  the  Petition  of  Jno  Wims  of  Bertie  County  Shewing  that  he 
hath  been  in  possession  of  150  acres  of  laud  joining  on  W"  Hooker's  line 
in  the  said  County  for  upwards  of  26  years  proved  by  the  Depositions 
of  Rob'  Evans  Richard  Powell  and  Elener  Oldner  and  praying  the  same 
may  be  enrolled  in  the  Secretarys  and  Auditor  General's  Offices 

Granted  in  the  same  manner  as  the  foregoing  petitions 

Read  the  Petition  of  John  Porter  Esq"'  of  New  Hanover  shewing 
that  he  hath  been  in  possession  of  1,200  Acres  of  land  or  thereabouts 
lying  in  Chowan  County  bounded  on  tlie  S"  on  Albemarle  Sound  to  the 
Westward  on  Mr  Veals  Land  and  to  the  Eastward  Extending  to  or  near 
BluflP  point  for  upwards  of  34  years  last  past  provided  by  the  Deposi- 
tion of  Edward  Moseley  Esq'  one  of  His  Majestys  Council  And  praying 
the  same  may  be  enrolled  in  the  Secretary's  and  Auditor  General's 
Offices. 

Granted  in  same  manner  as  the  foregoing  Petitions 

Read  the  Petition  of  Henderson  Luten  of  Chowan  Connty  shewing 
that  he  hath  been  in  possession  of  163  Acres  of  Land  or  thereabonts 
joining  the  Lands  of  Mr  John  Blount  and  Land  belonging  to  your  Peti- 
tioner in  the  said  Connty  for  upwards  of  thirty  years  proved  by  the 
Deposition  of  Mr  Thomas  Lnten  and  W"  Honghton  and  praying  the 
same  may  be  enrolled  in  the  Secretarys  and  Auditor  Generals  Offices. 

Granted  in  the  same  manner  as  the  foregoing  Petitions 

At  a  Council  held  at  Newbern  18'"  February  1739  [1740] 
Present  His  Excellency  the  Governour 
f  W"  Smith         Math  Rowan    "l    t^.    „  at      i 
T,,     „       , ,         Nath  Rice         Edw^  Moseley       ^^^    Meinbers 
IheHonoble  -^    u  1 1  xj  u         r.  A,r        "  of  His 

Kob   Halton     Roarer  Moor       I    in-  ■    i.      r^         -i 
E1p«.'  AlL  Majestys  Council 


Eleaz'  Allen 

His  Excellency  the  Governour  was  pleased  to  acquaint  this  Board 
that  he  had  received  a  Letter  from  the  Right  Honorable  the  Lords  of 
Trade  and  Plantations  Signifying  that  he  had  been  graciously  pleased  to 
approve  of  his  recommendation  of  Mr  Murray  for  a  Councillor  of  this 
Province  in  tlie  room  of  Mr  Porter  deceased  which  the  Governour  Or- 
dered to  be  read  which  is  in  these  words  Viz' 

Whitehall  September  12""  1739 
Sir, 

Since  Ours  to  you  of  February  8""  1738  We  have  received  your  Ijct- 
ters  of  the  following  Dates  Viz'  January  15  173| — June  13  1738  and 
April  the  10""  1739  In  compliance  with  your  request  in  that  of  the  8"" 
of  February  173|   We  liavc  recommended   Mr  Murray  to  his  Majesty 


COLONIAL  RECORDS.  445 


for  a  Councillor  in  the  room  of  Mr  Porter  deceased  and  his  Majesty  has 
been  graciously  pleased  to  approve  of  him  accordingly 

As  to  the  Dispute  you  mention  in  that  of  June  13""  1738  relating  to 
the  Boundary  line  betwixt  your  Province  and  South  Carolina  We  have 
only  to  answer  that  as  yet  no  application  has  been  made  to  us  from  South 
Carolina  in  relation  to  this  affair  but  that  when  there  is  We  shall  take 
the  same  into  our  consideration  and  yon  shall  be  acquainted  with  what  is 
done  in  it 

We  are  glad  to  hear  the  Assembly  have  passed  so  many  good  Laws 
and  as  soon  as  we  shall  receive  them  into  consideration  in  the  mean  time 
we  congratulate  you  upon  the  good  harmony  that  is  at  length  established 
betwixt  you  and  the  People  under  your  Government  and  hope  for  con- 
tinuance of  it  to  your  mutual  satisfaction 

We  inclose  to  you  the  opinion  of  the  Attorney  and  Solicitor  General 
relating  to  Staple  Comodities  Rated  and  we  hope  the  affair  of  the  Blank 
Patents  will  soon  be  put  into  such  a  method  as  to  make  all  partys  easy 
So  we  bid  you  heartily  farewell  and  are  your  loving  Friends  and  Humble 
Servants  M.  BLADEN 

J A.  BRUDENELL 
R.  PLUMER 

And  thereon  his  Excellency  desired  the  opinion  of  this  Board  whether 
the  said  Murray  should  not  be  sworn  one  of  his  Majestys  Council  of  this 
province  in  consequence  of  his  Majestys  said  approbation  which  the  Hon- 
ourable the  Council  approved  of  And  the  said  Mr  Murray  being  called 
to  the  Board  and  acquainted  therewith  took  and  subscribed  the  several 
Oaths  by  law  appointed  to  be  taken  for  the  Qualification  of  Public  offi- 
cers as  also  the  oath  of  a  Councillor 

At  the  same  time  His  Excellency  was  pleased  to  acquaint  this  Board 
that  he  had  appointed  Rob'  Hamilton  Esq'  Auditor  of  this  province  in 
the  room  of  William  Maxwell  Esq''  deceased  untill  the  Pleasure  of  the 
Right  Honoble  Horrice  Walpole  Esq'  Auditor  General  of  his  Majestys 
Plantations  should  be  known  thereon  And  the  said  Hamilton  befoi-e 
this  Board  took  and  subscribed  the  several  oatiis  by  Law  appointed  to  be 
taken  for  the  qualification  of  Publick  Officers  as  also  an  Oath  to  execute 
the  said  Office  Faithfully 

At  a  Council  held  at  Newbern  19"'  February  Anno  Dom.  1739  [1740] 
P.  M.     Present  His  Excellency  the  Governour 

f  W""  Smith         Math  Rowan    1 

T,.      TT       11         Natli  Rice         Edw''  Moseley       Esq"  Member* 
Ihe  Honoliie        o   1 1  tr  u  r>  at  (  £•  r^  -i 

Kob  Halton     Roger  Moore      |       oi  Council 

Eleazer  Allen  James 


?r  Moore      [ 
is  Murray  J 


446  COLONIAL  RECORDS. 


This  Day  the  Governour  in  Council  was  pleased  to  declare  that  as  he 
was  informed  by  several  members  of  the  Upper  House  that  upon  an 
Equality  of  Votes  upon  any  Bill  treated  of  in  that  House  It  was  con- 
ti'overted  whether  the  President  of  the  Council  when  they  sat  as  an 
upper  House  had  the  casting  Vote  that  he  would  always  reckon  and 
look  upon  all  votes,  resolutions  and  Bills  passed  in  the  upper  House  by 
the  decisive  Vote  of  the  President  in  case  of  an  Equality  of  the  Votes 
as  proper  Legislative  Acts  of  the  upper  House  and  give  his  assent  to 
such  Laws  as  properly  regularly  and  legally  passed  and  ordered  this  His 
Declaration  to  be  inserted  in  the  Journals  of  Council  to  be  transmitted 
home  to  the  Secretary  of  State  and  tiie  Board  of  Trade. 


22"  Fel)ruary  1739.  [1740]     Present  His  Excellency 

{Nath  Rice         M.  Rowan        )  -^    „ , ,      i 
Rob'Halton     Roger  Moore    l^^^q  ;yfm';CTs 
17'    A II  T  AT  1      01  Council 

L.Allen  James  Murray  j 

Read  Sundry  Petitions  for  Patents  Viz' 

John  Liles  300  Edgcombe,  Jn°  Gent  150  D°,  Edw"  Jones  200  D",  D° 
100  D°,  W"  Kendrie  300  D»,  Jno  Perit  400  D°,  Jno  Hilliard  200  Ber- 
tie, Jno  Veale  240  D",  Rob'  House  600  D°,  Bryan  M'Clendon  150  Car- 
teret, Joshua  Nash  233  D".     Granted 

Read  the  Petition  of  Simon  Alderson  praying  that  his  jiatent  and  Plot 
which  was  produced  at  the  Board  may  be  altered  from  running  along 
upon  a  straight  line  to  the  meanders  of  the  Greek  which  was  accordingly 
Granted. 

At  a  Council  held  at  Newbern  the  22"  February  1739.  [1740]  Pre.s- 
ent  as  before. 

Read  the  Petition  of  John  Durant  King  of  the  Yeopim  Indians  in 
behalf  of  himself  and  the  said  Nation  praying  an  Order  of  Council  may 
pass  impowering  them  to  sell  or  exchange  their  lands  as  may  best  [suit] 
their  conveniency  and  that  the  Sales  or  exchange  by  them  so  made  may 
be  good  and  valid  to  the  purchaser  which  was  accordingly  granted 


The  25"'  of  February  1 739.  [1 740]     Present  as  before. 

His  Excellency  the  Governour  was  pleased  to  inform  this  Board  that  as 
the  present  Assembly  had  rejected  the  Fee  Bill  it  was  necessary  to  issue 
a  Proclamation  to  direct  the  several  Officers  within  this  Province  in  what 
manner  they  siioukl "receive  their  Fees  untill  the  General  Asseml)ly 
sliould  ascertain  the  same. 

Tiiereupon  tiie  Honoble  the  Council  were  of  opinion  that  His  Excel- 
lency the  Governour  direct  a  Proclamation  to  issue  strictly  requiring 


COLONIAL  RECORDS.  44^ 


and  coiuniaiuling  the  several  and  respective  Officers  within  this  Govern- 
ment or  their  Deputys  that  tlioy  do  not  presume  to  tai^e  any  other  Fee 
or  Fees  for  any  Bnsiness  to  be  done  in  tiieir  respective  Offices  than  what 
is  contained  in  the  old  table  of  Fees  at  four  for  one  in  lieu  of  Proclama- 
tion Money  until  the  same  shall  be  regulated  by  the  General  Assembly. 
And  His  Excellency  the  Governour  was  pleased  to  direct  a  Proclama- 
tion to  issue  thereon  agreeable  to  the  above  order. 


At  a  Council  at  Newbern  the  28'"  February  1739  [1740] 
Present  His  Excellency. 

Mr  Smith       Mr  Rowan    ")  ^    «  at      i 
MrHalton     Mr  Moore      Usq"  Members 
Mr  Allen        Mr  Murray  j      »f<^»"""l 

Ordered  that  a  new  Commission  of  peace  issue  for  Bladen  directed  to 
the  following  persons  Mathew  Rowan  W"  Forbes  Hugh  Blaning  John 
Clayton,  Robert  Hamilton,  Griffith  Jones  James  Lyon,  Duncan  Camp- 
bel,  Dugold  M°Neil  Dan  M°Neil  Col  M°Alister  Neil  McNeil  W"  Bar- 
tram  and  Samuel  Baker  hereby  constituting  and  appointing  them  Justices 
of  the  peace  for  the  said  County 

Ordered  that  a  new  Commission  of  the  peace  issue  for  New  Hanover 
County  directed  to  Nath  Rice,  Rob'  Halton  Eleaz"'  Allen  Math  Rowan 
Edw''  Moseley  Roger  Moore  James  Murray  James  Innes  Edw*  HyiMie 
Corn'  Harnet  Sam'  Woodward  Maurice  Moore  John  Swann  Jno  Davis 
W"  Dry  John  Porter  Richard  Eagles  William  M"Ree  William  Paris 
Rob'  Walker  and  Thomas  C'lark  Esq''  hereby  constituting  and  appoint- 
ing them  Justices  of  the  Peace  for  and  within  the  said  County. 

Read  Sundry  Petitions  for  Patents  Viz' 

Math  Allen  300  Craven,  Jno  Bradley  100  D°,  Jno  Bryan  626  Craven, 
Jno  Green  273  D°,  Rob'  Forster  240  (ret"  175)  Bertie  (this  granted  22" 
May  1711),  Martin  Fryar  150  Craven,  Carry  Godbee  500  D°,  Sam  Her- 
ring 367  D°,  Simon  D°  153  D°,  George  Keruegee  640  D°,  Steven  Lee 
190  Tyrrel,  Jacob  Moore  640  Beaufort,  Simon  Malpas  254  Craven,  Jas 
Brown  400  Beaufort,  Edw"  Bryan  172  Craven,  Abra"  Odam  200  Craven, 
Jno  Rienset  for  a  resurvey  225  Beaufort,  Jno  Small  300  Carteret,  George 
Smith  200  Craven,  Sam  Slade  100  D°,  Thos  Tyson  200  D",  Edw"  D^^ 
100  Beaufort,  D"  235  D°,  Joseph  Wheeler  470  Craven,  Jno  Whitley  61 
D"     Granted 

Read  the  Petition  of  George  Lisles  of  Chowan  County  shewing  that 
he  hath  been  in  possession  of  two  hundred  acres  of  Land  or  thereabouts 
lying  in  the  said  County  adjoining  to  Lands  belonging  to  William  Arkill 
and  John  Bonner  and  the  town  of  Edenton  for  upwards  of  twenty  seven 
years  Proved   by  the  Depositions  of  Margaret   Arkill   and  John   Harlor 


448  COLONIAL  RECORDS. 


both  of  Chowan  County  and  praying  the  same  may  be  enrolled  in  the 
Secretarys  and  Auditor  Generals  Offices. 

Granted  in  the  same  manner  as  the  foregoing  Petition. 

Read  the  Petition  of  William  Arkill  of  Chowan  Connty  Showing 
tliat  he  hath  been  in  possession  of  fifty  Acres  of  land  in  Chowan  County 
adjoyning  lands  belonging  to  John  Bonner  George  Lisles  and  the  town 
of  Edenton  in  said  County  for  upwards  of  thirty  five  years  proved  by 
the  Depositions  of  William  Ivuten  and  John  Harlor  both  of  Chowan 
C\)unty  and  pra3'ing  the  same  may  be  enrolled  in  the  Secretary  and 
Auditor  Offices. 

Granted  in  the  same  manner  as  the  foregoing  Petitions. 

Read  the  Petitions  of  Samuel  Gregory  in  Pequimons  County  shew- 
ing that  he  hath  been  in  possession  of  three  hundred  acres  of  land  or 
thereabouts  lying  in  the  said  County  adjoining  to  Lands  belonging  to 
James  Egerton  on  Yawpim  river  for  upwards  of  40  years  proved  by  the 
Deposition  of  John  Long  and  praying  the  same  may  be  enrolled  in  the 
Secretarys  and  Auditor  Generals  Offices 

Granted  in  the  same  manner  as  the  foregoing  Petitions 

Read  the  Petition  of  Thomas  Pendleton  of  Pasquotank  County  Shew- 
ing that  he  hath  been  in  possession  of  Eleven  hundred  Acres  of  Land 
lying  in  the  said  County  for  upwards  of  thirty  years  adjoyning  to  M' 
Palins  Lands  proved  by  the  Depositions  of  David  Bayley  and  William 
Relf  both  of  the  said  County  and  praying  the  same  may  be  Enrolled  iu 
the  Secretarys  and  Auditor  Generals  Offices 

Granted  in  the  same  manner  as  the  foregoing  Petitions. 


At  a  Council  held  at  Wilmington  this  22"  May  1740. 
Present  His  Excellency  the  Governour. 
r  Will  Smith  Robert  Halton     "| 

rni     tr       ui       Nath  Rice  Edward  Moseley  I  Esq"  Members 

^h'^"""'^^'^!  Eleazer  Alien     Roger  Moor      "(       of  Council 
[  Math  Rowan       James  Murray      J 
Read   the   Representation   of   the  Honoble    Nathaniel    Rice   Eleazer 
Allen  Edward  Moseley  and  Roger  Moor  relating  to  a  Bill  for  erecting 
Newton  into  a  Town  by  the  name  of  Wilmington  which   is  in  the  fol- 
lowing words  Viz' 

To  His  Excellency  Gabriel  Johnston  Esq' Governour  Captain  General  and 
Commander  in  Chief  in  and  over  His  Majestys  Province  of  North 
Carolina 

The  Humble  Representation  of  Nathaniel  Rice  Eleazer  Allen  Ed- 
ward Moseley  and  Roger  Moor  Esq"  four  of  the  members  of  His  Maj- 
estys Council  of  the  said  Province  Sheweth 


COLONIAL  KECORDS.  440 


That  the  Rights  of  the  Council  having  been  greatly  invaded  and  in- 
fringed by  William  Smith  Esq'  the  Eldest  Councillor  at  the  last  sessions 
of  Assembly  held  at  Newbern.  We  think  we  cannot  be  too  early  in 
taking  the  first  opportunity.  We  have  had  to  represent  the  same  in 
Council  to  your  Excellency  as  well  that  we  may  discharge  our  trust  and 
duty  to  His  Majesty  as  to  preserve  the  good  agreement  that  ought  to 
subsist  between  Your  Excellenfy  and  all  the  Members  of  His  Majestys 
Council  and  between  the  Members  themselves. 

We  therefore  beg  leave  to  represent  unto  your  Excellency  that  at  the 
last  Sessions  of  Assembly  two  several  Bills  amongst  others  were  pre- 
sented to  be  passed  in  Council  the  one  for  appointing  a  Treasurer  for 
the  several  Countys  therein  mentioned  the  other  for  erecting  the  Village 
called  Newton  into  a  Town  or  Townships  by  the  name  of  Wilmington 
and  when  the  first  Bill  was  put  [to]  the  question  four  of  the  Members  Viz' 
Nathaniel  Rice,  Eleazer  Allen,  Edward  INIoseley  and  Roger,  Moor  were 
against  the  Bill  and  voted  in  the  negative  and  four  for  the  Bill  Viz' 
William  Smith  Robert  Halton  Mathew  Rowan  and  James  Murray  and 
voted  in  the  affirmative  there  being  then  an  Equality  of  votes  four  being 
[against]  the  Bill  and  four  only  for  it  the  Eldest  Councellor  inclusive  the 
Bill  was  lost  because  the  affirmative  and  negative  were  equal  and  in 
that  case  Semper  Presumiiur  pro  negnntc.  But  William  Smith  Esq''  the 
Eldest  Councillor  finding  the  Bill  was  lost  assumed  to  himself  a  power 
or  Privilege  of  giving  another  vote  as  oldest  Councillor  or  Chairman 
which  he  was  pleased  to  call  his  casting  or  vote  and  so  gave  two 

votes  at  one  and  the  same  time  for  one  and  the  same  Bill  Viz'  one  vote 
as  a  Councillor  and  another  as  eldest  Councillor  or  Chairman.  Where- 
upon the  said  four  members  who  were  against  the  Bill  entered  their 
Protest  against  the  manner  of  passing  the  Bill  which  Protest  they  now- 
lay  before  your  Excellency. 

Tiiat  when  the  Wilmington  Bill  was  presented  to  be  passed  the  said 
four  Members  who  were  against  the  County  Treasurers  Bill  did  likewise 
vote  against  the  passing  the  Wilmington  Bill  in  the  same  manner  and 
the  other  four  Members  voted  for  its  passing  the  eldest  Councillor  as 
before  inclusive  and  making  one  of  that  Equality  so  the  Wilmington 
Bill  was  likewise  lost  for  the  reasons  aforesaid  But  the  eldest  Council- 
lor again  assumed  the  like  power  or  privilege  of  having  two  votes  one 
as  a  Councillor  and  another  as  Eldest  Councillor  or  Chairman  and  so 
gave  two  votes  at  one  and  the  same  time  for  one  and  the  same  Bill  like 
as  before  and  also  Insisted  that  he  had  the  right  to  direct  how  the  entries 
should  be  made  in  the  Indorsements  and  Journals  and  after  this  manner 
these  two  Bills  were  said  to  be  carried  in  the  upper  House  whereupon  we 
Vol.  4—57 


450  COLONIAL  RECORDS. 


did  prote.st  both  against  the  manner  of  passing  the  Bill  and  against  the 
Bill  itself  for  the  reasons  mentioned  in  the  said  protest  which  protests 
also  now  lay  before  your  Excellency 

We  therefore  beg  leave  to  acquaint  your  Excellency  that  we  look  upon 
these  proceedings  of  the  Eldest  Couucillor  or  Chairman  to  be  the  greatest 
Innovation  and  Infringment  that  were  ever  made  upon  the  privileges 
of  all  the  rest  of  the  Members  of  His  Majestys  Council  of  a  dangerous 
tendency  and  destructive  to  the  Rights  both  of  oui-selves  and  of  all  that 
shall  succeed  us  seeing  the  exercise  of  such  a  Lawless  Power  may  be 
made  use  of  as  well  when  there  is  a  lesser  number  of  His  Majestys  Coun- 
cil as  when  there  is  a  greater  and  as  well  in  the  negative  as  the  affirma- 
tive and  which  did  accordingly  happen  at  the  same  Session.  We  do  con- 
ceive that  such  a  power  as  this  was  never  known  to  have  been  exercised 
in  any  of  His  Majesty's  Plantations  or  Dominions  for  if  we  may  be 
allowed  to  compare  small  things  with  great  We  may  venture  to  affirm 
that  the  Lord  Chancellor  of  England  who  is  Speaker  of  the  Lords  House 
did  never  assume  a  power  of  giving  one  vote  as  a  peer  and  another  as 
Speaker  nor  did  ever  the  Speaker  of  the  Commons  House  give  one  vote 
as  a  Member  of  the  House  and  another  as  Speaker  or  a  Chairman  of  a 
Committee  give  one  vote  as  a  Member  of  that  Committee  and  another 
as  Chairman  of  the  same  Committee  which  as  it  never  happen  so  it  can- 
not happen  in  the  present  ease  unless  it  can  be  supposed  that  there  may 
be  a  plurality  of  voices  altho'  there  be  not  a  Plurality  of  Persons 

We  do  therefore  humbly  insist  that  the  eldest  Councillor  has  no  such 
rights  eitlier  as  Eldest  Councillor  Chairman  or  President  for  as  Eldest 
Councillor  he  can  have  but  one  Vote  no  more  than  the  Youngest  Coun- 
cillor at  the  Board.  If  he  assumes  the  right  or  Quality  of  a  Chairman 
lie  has  no  right  to  Vote  at  all  unless  there  first  appear  to  be  an  Equality 
of  Votes  exclusive  of  the  Chairman  when  and  not  before  he  may  give 
his  vote  as  a  Chairman.  And  with  regard  to  the  presidentship.  We 
have  considered  your  Excellencys  paper  or  Declaration  whicii  you  were 
pleased  on  this  occasion  to  deliver  into  the  Council  Board  signifying  that 
as  You  had  been  informed  by  several  of  the  Members  of  His  Majestys 
Council  that  upon  an  Equality  of  Votes  upon  any  Bill  treated  of  in  that 
House  It  was  contraverted  [whether]  the  President  of  the  Council  when 
they  sat  as  an  upper  House  had  the  casting  Vote,  that  Your  Excellency 
would  always  reckon  and  look  upon  all  votes  resolutions  and  Bills  passed 
in  the  Upper  House  by  the  decisive  Vote  of  the  President  in  case  of 
equality  of  Votes  as  proper  Legislative  Acts  of  "the  upper  House  and 
give  your  Assent  to  such  Laws  as  properly  regularly  and  legally  passed 
which  Declaration  your  Excellency  was  pleased  to  order  to  be  inserted 


COLONIAL  RECORDS.  451 


ill  the  Journals  of  the  Council  to  be  transmitted  home  as  'tis  there  said 
to  the  Secretary  of  State  and  the  Board  of  Trade.  By  which  paper  or 
Declaration  We  imagine  Your  Excellency  pre-supposed  that  there  was 
an  Equality  of  Votes  exclusive  of  and  before  it  came  to  the  President's 
Vote  as  your  Excellency  is  pleased  to  direct  the  eldest  Councillor  so  that 
either  Your  Excellency  has  been  misinformed  or  if  Your  Excellency 
has  been  before  rightly  informed  of  the  State  of  this  Case  then  your 
Excellency  does  allow  that  the  President  (as  your  Excellency  stiles  the 
Eldest  Councillor)  has  a  right  to  vote  once  as  a  Councillor  and  then  as 
President.  But  with  all  Sulmiission  to  your  Excellency  the  said  Wil- 
liam Smith  Esq''  tho  he  be  eldest  Councillor  he  is  not  President  of  his 
Majesty's  Council  nor  can  he  take  upon  him  to  act  as  such  till  by  the 
death  or  absence  of  the  Governour  from  this  Province  it  devolves  upon 
him  In  that  case  by  His  Majesty's  Instructions  he  is  [to]  take  upon  him 
the  administration  of  the  Government  and  is  to  execute  all  the  same 
powers  and  Authority  as  are  given  to  your  Excellency.  He  then  gives 
the  final  Sanction  to  all  Laws  tendered  to  him  to  be  passed  by  his  Maj- 
esty's Council  and  Assembly  or  gives  his  Negative  when  so  tendered  as 
he  sees  fit  and  pro  hoc  tempore  he  ceases  to  Act  as  one  of  His  Majestys 
Council  and  can  no  longer  give  his  Note  as  a  Councillor  no  more  than 
the  Governour  himself  so  that  it  never  can  happen  uno  et  eodem  tempore 
or  uno  et  eodetn  Casu  that  he  can  vote  both  as  a  Councillor  and  as 
President. 

We  are  therefore  sorry  to  find  that  in  a  matter  of  such  importance 
both  to  your  Excellency  and  the  Council  your  Excellency  should  vouch- 
safe to  receive  your  information  on  this  occasion  from  some  of  the  Mem- 
bers of  the  Council  without  Doors  and  not  permit  the  other  four 
Members  of  His  Majestys  Council  to  read  or  lay  their  Journals  before 
you  within  doors  which  they  offered  to  do  at  the  time  of  your  Excellen- 
cys  delivering  in  the  beforementioned  declaration  in  order  to  sett  your 
Excellency  at  rights  in  this  matter  and  more  especially  that  when  one  of 
His  Majesty's  Council  besought  Your  Excellency  that  Your  Excellency 
would  explain  yourself  whether  your  Excellency  meant  the  Eldest  Coun- 
cillor inclusive  and  making  one  of  that  Equality  or  exclusive  Your  Ex- 
cellency should  give  them  no  other  satisfaction  than  to  return  for  answer 
tliat  you  did  not  come  there  to  debate  or  to  that  purpose  and  then  imme- 
diately withdraw. 

We  did  further  hope  that  tho'  Your  Excellency  might  think  it  not 
advisable  to  be  present  at  the  debate  of  Bills  in  the  Upper  House  io  the 
Intent  that  there  might  be  always  a  full  and  free  debate  t)f  all  Bills  there 
depeuilinsj-  and  least   vour   Excellency's   presence  might   be  supposed  to 


452  COLONIAL  RECORDS. 


Influence  or  over  awe  any  of  the  Members  in  sueh  their  debate  yet  that 
Your  Excelleney  would  iiave  permitted  them  when  they  desired  it  in 
Council  to  have  given  Your  Excellency  such  Information  and  to  have 
lain  such  matters  before  you  with  relation  to  the  present  Dispute  as  the 
Duty  they  owe  to  His  Majesty  and  the  regard  they  have  for  Your  Excel- 
lency obliged  them  to  do  and  likewise  to  indicate  their  rights  and  justify 
their  conduct  at  all  times  when  need  requires  it.  But  since  we  were  not 
so  fortunate  as  to  be  permitted  at  that  time  to  make  known  these  things 
unto  your  Excellenc}'  We  then  determined  to  reduce  them  into  writing 
and  to  have  layn  them  before  Your  Excellency  but  the  Rapidity  with 
which  the  Wilmington  Bill  went  through  the  house  the  sending  down 
that  Bill  to  the  Lower  House  without  the  knowledge  of  the  Members  of 
the  Council  that  were  agaiust  it  the  unexpected  tender  of  the  same  to 
your  Excellency  to  the  Speaker  and  the  Lower  House  for  Your  Excel- 
lencys  Assent  the  Prorogation  of  the  Assembly  and  your  Excellency's 
departure  for  the  Norward  soon  after  prevented  our  doing  it  till  now.  As 
we  have  the  most  tender  regard  for  your  Excellencys  honour  We  have 
avoided  making  any  application  or  representation  to  the  Crown  on  this 
occasion  not  Doubting  but  your  Excellency  without  delay  will  do  all  the 
Justice  we  have  reason  to  desire  from  Your  Excellency.  Wherefore  we 
humbly  hope  your  Excellency  will  be  pleased  to  declare  that  the  Eldest 
Councillor  either  as  Eldest  Councillor  Chairman  or  President  at  no  time 
either  had  hath  or  ought  to  have  any  more  than  a  single  vote  in  the 
passing  of  any  Bill  or  Bills  or  any  other  matter  debated  in  the  Upper 
House  of  Assembly  or  Council  and  that  his  assuming  to  have  a  right 
to  give  one  vote  as  a  Councillor  and  another  as  eldest  Councillor  Chair- 
man [or]  President  at  one  and  the  same  time  and  in  one  and  the  same  case 
is  a  great  Innovation  and  Infringment  on  the  rights  of  the  rest  of  the 
Members  of  the  Council  and  Contrary  to  the  rule  and  order  and  that 
your  Excellency  would  be  pleased  to  cause  the  same  to  be  entered  on  the 
Council  Journal  to  prevent  any  further  confusion  before  they  proceed  to 
any  other  Business  and  in  regard  that  tiie  before  mentioned  Bills  did  ever 
regularly  or  legally  pass  the  Council  that  your  Excellency  would  Issue 
your  Proclamation  declaring  the  same  have  not  nor  ought  not  to  have  the 
force  or  effect  of  Laws  and  requiring  all  his  Majestys  Subjects  in  this 
Province  to  pay  no  regard  or  obedience  to  the  said  Bills  or  either  of 
them  and  that  Your  Excellency  may  be  rather  be  induced  so  to  do  and 
as  these  Bills  in  truth  never  were  passed  by  the  Majority  of  the  Council 
as  they  ought  to  have  been.  We  think  we  are  not  too  late  to'advise 
Your  Excellency  that  in  our  humble  opinion  the  Wilmington  Bill  is 
highly  Detrimental  to  the  trade  and  Shipping  of  this  Province  Injurious 


COLONIAL  RECORDS.  453 


to  private  property  destructive  to  the  Libertys  of  the  Inhabitants  that  do 
at  present  or  may  hereafter  reside  at  Newton  or  Wilmington  and  (as  we 
conceive)  contrary  to  many  of  His  Majestys  Instructions  to  Your  Excel- 
lency All  which  We  humbly  beg  leave  to  lay  before  Your  Excellency 
not  doubting  but  we  shall  be  always  found  what  we  desire  to  be  esteemed 
May  it  please  your  Excellency  Your  P^xcellencys  most  faithfull  Coun- 
cillors and  obedient  humble  Servants 

NATH  RICE  EDW*  MOSELEY 

ELEAZER  ALLEN         ROGER  MOORE. 

Whereupon  it  was  Ordered  That  William  Smith,  Robert  Halton, 
Mathew  Rowan  and  James  Murray  Esq"  have  a  Copy  of  the  said  rep- 
resentation delivered  them  and  that  they  do  on  the  first  Tuesday  in  June 
next  deliver  in  their  answer  to  the  same  to  be  transmitted  together  with 
the  said  representation  to  the  Board  of  Trade  under  the  Seal  of  the 
Province. 

Read  the  Petition  of  Robert  West  junior  of  Bertie  County  showing 
that  he  hath  been  in  possession  of  two  hundred  Acres  of  Land  lying  in 
the  said  County  for  upwards  of  twenty  one  years  adjoyning  John  Har- 
woods  Line  proved  by  the  Depositions  of  Thomas  Ashley  Joseph  Shil- 
sharp  and  Mary  his  Wife  and  praying  the  same  may  be  enrolled  in  the 
Secretary  and  Auditors  Generals  Offices 

Granted  in  the  same  manner  as  the  foregoing  Petitions 


At  a  Council  held  at  Wilmington  the  4""  day  of  June  1740 
Present  His  Excellency  the  Governour 

iW"  Smith  Math  Rowan     1  tt.    „  nr      i 

Nath  Rice  Edw*  Moseley   I  ^^%   Members 

Rob'  Halton      James  Murray  j      "*  ^""'h^" 
Read  Sundry  Petitions  for  Pateiits,  Viz' 

Thos  Clarks  320  N.  Hanover,  James  M'Lachlen  160  Bladen,  Rich 
Lovett  855  Tyrrel,  Hector  M°Neil  300  Bladen,  Duncan  Campbel  150 
D",  James  M'Alister  640  D°,  James  M'Dugald  640  D°,  Duncan  Camp- 
bel 75  D°,  R"  Earl  108  N.  Hanover,  Hugh  M-^Craine  500  Bladen,  Dun- 
can Campbel  320  D",  Gilbert  Pattison  640  D°,  Jno  MTerson  320  D°, 
Duncan  Campbel  300  D",  Neil  M'Neil  150  D°,  Duncan  Campbel  140 
D°,  Jno  Clark  320  D",  Malcolm  McNeil  320  D°,  Neil  McNeil  400  D", 
Arch  Bug  320  D°,  Duncan  Campbel  640  D°,  Jas  M°Lachlen  320  D°, 
Murdoch  M°Braine  320  D°,  Jas  Campbel  640  D°,  Patric  Stewart  320 
D°,  Arch  Campely  320  D",  Dan  McNeil  105  D",  D"  (400)  400  D",  Neil 
M°Neil  400  D°,  Duncan  Campbel  320  D°,  Jno  Martileer  160  D°,  Daniel 


454  COLONIAL  RECORDS. 


M°Neil  320  T>°,  W"  Steveus  300  D°,  Dau  McNeil  400  D°,  Jas  M'Lachlen 

320  D°,  W"  Speir  160  Edgcombe,  Jno  Clayton  100  Bladen,  Sara  Porte- 
vint  640  N.  Hanover,  D°  640  D",  Charles  Harrison  320  D°,  Rob'  Walker 
640  D",  Jas  Smalwood  640  D",  Wm  Faris  400  D°,  D°  640  D°,  D"  640 
I)°,  Ricii"  Carlton  180  Craven,  Duncan  Campbel  150  Bladen,  Neil  McNeil 

321  D°,  Alex  M°Key  320  D°,  Henry  Skibley  320  D°,  Jno  Owen  200  D", 
Duncan  Campel  400  D°,  Dougal  Stewart  640  D°,  Arch  Douglass  200 
N.  Hanover,  James  Murray  320  D°,  Robt  Clark  200  D°,  Duncan  Camp- 
bel 148  Bladen,  James  M'Lachlen  320  D",  Arch  M°Gill  500  D°,  Jno 
Speir  100  Edgcombe,  James  Fergus  640  N.  Hanover,  D°  640  D°,  Jno 
Gardiner  Squire  320  D°,  James  Hasel  640  D",  Rufus  Marsden  640  D°, 
Hugh  Blaning  for  Surplus  Land  320  Bladen,  Rob'  Hardy  400  Beau- 
fort, W"  Jones  354  D°,  D"  350  D° 

Read  the  Petition  of  James  Bell  against  John  Snieal  his  obtaining  a 
Grant  for  certain  Lands  on  Harlow's  Creek  Carteret  County  he  alledg- 
ing  he  had  possest  and  improved  the  said  Land  before  the  Date  of  the 
said  Smeals  Warrant 

Ordered  that  James  Bell  have  time  till  next  Court  to  approve  his 
Allegations. 

Read  the  Petition  of  Col  William  Wilson  for  a  Resurvey  of  his  Lauds 
opposite  to  Newbern  town  on  the  South  side  of  Trent  River     Granted 

At  a  Council  held  at         the  5"'  of  June  1 740 

Present  His  Excellency  the  Governour 

/Nath  Rice         Math  Rowan  ~j  p,  rs  tit      i  f 


The  Honoble<  Rob'  Halton      Roger  Moore  ^  ,,         ., 

\  Eleaz' Allen  ^  ^»""*^''^ 

Read  Sundry  Petitions  for  Patents  Viz' 

Thos  Armstrong  300  Bladen,  D"  a  Resurvey  of  300  D°,  Alex  Autray 
110  Beaufort,  James  Brown  320  N.  Hanover,  Arthur  Blackman  400 
Craven,  Owen  Brady  200  Bladen,  Chas  Cogdale  for  a  resurvey  Onslow, 
Thos  Clarke  400  N.  Hanover,  D°  320  D",  Edw"  Conner  640  Bladen, 
Arch  Douglass  640  D°,  Fran'  Davis  640  D",  Math  Flood  200  Bertie, 
W"  Faris  200  N.  Hanover,  D°  400  D",  Jno  Griffins  250  Edgcombe, 
Thos  Hart  320  N.  Hanover,  W"  Herritage  208  Craven,  Edw"  Jones 
400  N.  Hanover,  James  John  400  D",  James  Innes  180  D",  D°  100  D°, 
W"  Jones  150  Edgcombe,  Fran'  Irwin  320  N.  Hanover,  Godfrey  Lee 
640  p:dgcombe,  Thos.  Merrick  640  .N.  Hanover,  Thos  Merrick  640  N. 
Hanover,  Edw"  Moseley  300  D",  D"  D"  D",  Col  M'Alister  320  Bladen, 
Edw"  Moseley  400  N.  Hanover,  Joseph  Plumer  17  Bladen,  W"  Speir 
160  Edgcombe,  Math  Smylie  120  Bladen,  D"  320  D",  Math  Smylie  320  D", 
I)°  193  D°,  Jno  Sampson  640  N.  Hanover,  James  Turner  500  Bertie, 


COLONIAL  RECORDS.  4oo 


John  Wat.soii  100  N.  Hanover,  Robt  Walker  400  D",  D"  200  D",  Reuben 

320  Bladen,  James  Wyat  320  Edgcoinbe,  Robert  Halton  a  resur- 

vey  of  360  joining  Colonel  Moore'.s  lines  on   the  Sound   in  N.  Hanover 

P.  M.     Present  His  Excellency 


rW"  Smith         Math  Rowan  ^ 

J  ..    .    _.  ,,.         ....         . 


rrii     TT       II       Natli  Rice         Edward  Moseley        Esq    Members  of 
ihe  Honoble     d  i  ^  xj  u  u  at  r  n         -i 

I  Robt  Halton     Roger  Moore  J  Conned 

i^Eleaz"  Allen     Jas  Murray  J 

Read  the  answer  of  the  Honoble  William  Smith  Robert  Halton, 
Mathew  Rowan  and  James  Murray  to  the  representation  of  Nath  Rice 
Esq'  and  others  delivered  them  by  an  order  of  Council  last  CJourt  which 
answer  is  in  the  following  words  viz' 

To  His  Excellency  Gabriel  Johnston  Esq"'  Governour  Captain  Gen- 
eral and  Commander  in  Chief  in  and  over  his  Majesty's  Province  of 
North  Carolina 

The  Humble  Representation  of  William  Smith  Robt  Halton  Mathew 
Rowan  and  James  Murray  Esq"  four  of  His  Majestys  Council  Sheweth, 

That  in  a  paper  Signed  by  Nathaniel  Rice,  Eleazer  Allen,  Edward 
Moseley  and  Roger  Moor  Esq"  four  of  the  Members  of  his  Majestys 
Council  and  presented  to  Your  Excellency  on  the  22d  of  May  last. 
We  find  our  own  conduct  and  the  Proceedings  of  the  last  sessions  of 
Assembly  so  grossly  misrepresented  and  at  the  same  time  such  arbitrary 
and  illegal  measures  prescribed  by  these  Gentlemen  with  an  air  of  Au- 
thority to  your  Excellency  that  Injustice  to  ourselves  to  the  whole 
Assembly  and  to  the  rights  and  liberties  of  his  Majestys  Subjects  in  this 
province.  We  beg  leave  to  lay  our  sentiments  of  that  representation 
and  of  the  conduct  of  the  Gentlemen  sign  it  for  these  several  months 
past  before  your  Excellency. 

As  their  tedious  account  of  the  casting  vote  is  but  a  second  edition  of 
their  Protest  given  in  at  Newbern  a  little  improved  in  Stile  and  viru- 
lence since  their  arrival  at  Cape  Fear  a  few  words  will  serve  for  an 
answer  to  it.  We  were  then  and  arc  still  of  Opinion  that  in  case  of 
an  equality  of  Votes  there  must  be  a  decisive  Vote  in  the  first  Person 
in  the  Commission  and  this  we  take  to  be  warranted  by  the  practice  of 
several  corporations  and  Societys  at  Home  and  if  ever  it  was  necessary 
or  allowable,  We  do  conceive  it  to  be  so  in  this  case  for  as  the  Council 
has  seldom  or  never  consisted  of  above  eight  Persons  with  such  a  Vote 
it  would  be  in  the  power  of  four  persons  to  stop  all  manner  of  business 
and  put  a  negative  upon  Governours  Council  and  House  of  Burgesses 


456  COLONIAL  RECORDS. 


and  this  we  look  upon  as  an  absurdity  which  can  never  take  place  in 
anv  {'oustitution  founded  on  that  of  Great  Britain  the  Laws  passed 
in  this  manner  will  be  soon  sent  home  and  the  minutes  of  Council 
along  with  them  where  these  Gentlemens  protests  are  fairly  inserted 
and  if  there  be  any  essential  defect  or  any  error  in  form  no  doubt  proper 
notice  of  them  will  be  taken  by  our  Superiours  at  home  who  are  the 
only  proper  Judges  of  this  Affair  and  to  whose  decision  We  most  wil- 
lingly submit  it  and  in  our  opinion  these  Gentlemen  had  acted  more 
decently  if  they  had  followed  tliis  method  than  by  endeavouring  to  raise 
a  mighty  noise  and  violent  clamour  on  this  Subject  tho'  all  their 
Attempts  that  may  have  hitherto  met  with  General  Contempt  except 
from  a  few  of  their  dependents. 

In  what  follows  they  endeavour  indirectly  and  by  innuendoes  to  fix 
the  charges  of  partiality  upon  your  Excellencys  conduct  during  last  As- 
sembly and  because  they  have  used  a  good  deal  of  artifice  in  this  Matter 
We  beg  leave  with  great  brevity  to  State  this  fact  in  its  true  light,  when 
the  first  question  was  carried  in  the  upper  House  by  the  casting  vote  of 
the  Chairman  these  four  Gentlemen  and  their  adherents  took  great  pains 
to  insinuate  that  all  these  transactions  were  null  and  void  and  that  your 
Kxcellency  could  not  give  your  Assent  to  any  Bills  passed  in  this  Man- 
ner and  that  if  things  were  not  carried  according  to  their  will  and  pleas- 
ure no  business  should  be  done  at  that  Session  when  these  reports  had 
made  considerable  impressions  on  many  Members  of  the  lower  House 
and  very  much  discourged  them  in  their  endeavours  to  serve  their  Coun- 
try your  Excellency  was  pleased  to  come  to  Council  (after  giving  Notice 
to  the  Speaker  and  other  Members  to  attend  which  they  did  accordingly) 
and  in  a  written  paper  to  prevent  mistakes  declared  by  what  rules  you 
intended  to  regulate  your  conduct  in  passing  of  Laws  and  ordered  this 
your  declaration  to  be  inserted  in  the  Council  Journal  that  if  anything 
contained  in  it  was  eithei-  unjust  or  illegal  it  might  meet  with  proper 
censure  at  the  Offices  to  which  these  Journals  are  regularly  sent  this  was 
in  our  opinion  fair  and  open  dealing  and  as  your  Excellency  declared  you 
had  no  intention  nor  pretended  any  right  to  interfere  in  our  dispute  as  in 
Upper  House  We  cannot  see  what  occasion  there  was  for  hearing  one  or 
both  parties  as  your  Excellency  never  took  upon  you  to  judge  in  our 
affair  at  all  so  that  their  insinuation  of  your  Excellency's  refusing  to 
hear  both  parties  is  very  unjust  this  Seasonable  Interposition  however 
quieted  the  minds  of  the  Burgesses  and  they  heartily  proceeded  to  dis- 
patch as  much  business  as  the  restless  and  factious  intrigues  of  the  rep- 
resenters  and  their  friends  would  give  them  leave  to  overtake  these  Gen- 
tlemen seem  to  be  highly  offended  with  your  Excellency  for  guarding 


COLONIAL  RECORDS.  lo7 


your  expressions  and  so  cautiously  avoiding  giving  offence  to  either  party. 
It  would  be  extremely  kind  in  your  Excellency  to  do  or  say  some  thing 
which  may  afford  these  Gentlemen  a  real  Subject  of  complaint  or  of 
writing  for  it  seems  plain  to  us  that  rather  tlian  he  without  any  they  are 
willing  to  create  a  Subject  to  themselves  tho'  we  are  very  confident  the 
whole  Province  will  be  in  the  opinion  that  it  had  been  greatly  more 
becoming  in  some  of  these  Gentlemen  especially  if  your  Excellency  had 
made  any  slip  or  fallen  into  any  mistake  to  excuse  and  alleviate  it  rather 
than  to  rack  their  inventions  to  render  criminal  an  action  not  only  inno- 
cent but  laudable  what  they  assert  about  the  irregular  sending  down  of 
the  Bills  which  were  first  passed  is  e(iually  false  and  unjust  when  a  Bill 
takes  its  rise  in  the  House  of  Burgesses  and  is  thrice  read  in  both  Houses 
it  ought  of  course  to  be  sent  to  the  House  where  it  took  its  rise  and  after 
it  has  been  thus  sent  Your  Excellency  as  Governour  has  undoubted  right 
to  command  the  Attendance  of  both  Houses  and  to  pass  such  Bills  as 
are  ready  for  your  Assent  after  these  three  readings  they  can  neither  be 
altered  nor  detained  by  any  set  of  men  under  pretence  of  forcing  the 
Ijegislature  to  pass  at  the  same  time  any  other  Law  particularly  such  a 
righteous  one  as  that  for  rating  the  Coramoditys  of  this  province  as  was 
intended  last  Sessions  by  these  Gentlemen. 

But  the  most  shocking  part  of  their  Humble  Representation  is  their 
Petition  at  the  latter  end  in  which  they  very  modestly  desire  your  Ex- 
cellencV  to  repeal  the  Wilmington  Law  by  Proclamation  to  declare  it  no 
law  and  to  forbid  all  persons  to  look  upon  it  as  such  this  is  such  an 
Insolent  demand  and  discovers  such  a  violent,  restless  and  arbitrary 
Spirit  that  We  are  sure  it  will  not  admit  of  a  parallel  in  any  Province 
of  America  from  the  first  Settlement  thereof  to  this  day.  It  belongs  to 
His  Majesty  in  Council  and  to  him  alone  if  there  is  any  thing  amiss  in 
this  or  any  other  Law  to  declare  it  Null  and  void 

What  a  misserable  scituation  would  the  Inhabitants  of  this  Colony  be 
in  if  Laws  Read  and  ratifyed  in  open  Assembly  were  to  be  declared  no 
Laws  whenever  four  Gentlemen  shall  obstenately  Persist  that  they  doiit 
like  the  manner  of  passing  them  or  how  little  must  these  Gentlemen  be 
acquainted  with  your  Excellency's  great  regard  to  his  Majestys  Peroga- 
tive  to  the  good  of  his  Subjects  and  how  much  must  they  have  forgot 
the  remarkable  Steadiness  of  Your  Conduct  but  thereto  to  flatter  them- 
selves that  to  gratify  the  little  Spleen  [malice]  and  private  Interest  of  a  few 
people  in  the  neighbourhood  of  Brunswick  you  would  so  far  forget  your 
self  as  to  declare  that  Law  null  and  void  in  Council  which  you  have 
solemnly  given  your  Assent  to  but  three  months  before  The  very  Sup- 
posing such  a  trifle  is  so  great  an  Insult  to  your  Excellency's  Character 
Vol.  4—58 


458  COLONIAL  RECORDS. 


that  We  are  sorry  any  Persons  who  has  the  Honour  to  Sit  in  his  Majes- 
tys  Council  should  be  guilty  of  it  and  We  are  sure  your  Excellency  has 
never  deserved  such  treatment  from  them.  We  think  ourselves  obliged 
in  answer  to  some  parts  of  their  Representation  to  declare  unto  your 
Excellency  that  We  knew  it  to  be  the  universal  opinion  of  the  People 
that  the  Law  for  making  Wilmington  a  Town  is  one  of  the  best  ever 
passed  in  this  Province  the  Depth  of  Water  which  admitts  Ships  of 
considerable  Burthen  the  easy  access  to  it  from  all  parts  of  the  Gover- 
ment  except  a  little  inconsiderable  part  about  Brunswick  its  healthful 
Scituation  and  fine  Springs  must  in  a  Short  time  make  it  a  very  consid- 
erable Town  to  the  great  advantage  of  the  whole  Province  We  allow 
indeed  that  the  Platte  below  Brunswick  may  have  two  foot  more  water 
than  the  Banks  below  Wilmington,  But  to  balance  that  it  is  notorious 
that  Brunswick  is  the  most  sickly  unhealthy  place  in  the  whole  Colony. 
In  the  Short  time  your  Excellency  has  been  in  the  Government  no  less 
than  three  Collectors  of  the  Customs  have  dyed  there  in  that  space. 
We  cant  recollect  above  three  House  Keepers  who  lived  there  at  your 
Excellency's  Arrival  who  are  remaining  in  it  at  present  some  few  of 
them  indeed  removed  by  reason  (as  we  Suppose)  of  its  Sickleuess  but  the 
rest  as  far  as  we  can  Judge  have  been  actually  killed  by  the  unwholesome 
Water  and  the  Pernicious  Vapours  rising  from  the  Ponds  and  Marshes 
with  which  it  is  almost  Surrounded  so  that  if  there  realy  was  anything 
amiss  in  the  manner  of  passing  this  Law  which  we  are  far  from  admit- 
ting yet  still  the  reason  of  the  thing  is  on  our  side  and  after  all  the  pains 
they  have  taken  to  place  our  conduct  in  an  odious  light  the  worst  can  be 
said  of  it  amounts  only  to  this  that  we  have  been  guilty  of  a  mistake  a 
mere  error  in  judgement  which  if  it  is  reckoned  such  at  home  (as  we  hope 
will  not)  can  be  easily  set  rights 

But  as  these  Gentlemen  have  been  pleased  to  take  such  Liberties  with 
us.  We  hope  your  Excellency  will  excuse  us  if  we  endeavour  to  remind 
them  of  their  own  behaviour  ever  since  the  famous  Period  of  passing 
the  quit  rent  Laws  when  the  whole  province  might  have  remained  in 
quiet  and  repose  if  their  assuming  turbulent  proceedings  had  not  pre- 
vented it. 

They  began  by  issuing  out  their  positive  orders  to  the  Naval  Officer 
and  Collector  to  officiate  at  Brunswick  altho  they  had  no  niore  Power  to 
direct  those  Officers  where  to  keep  their  offices  than  the  meanest  planter 
in  the  Government  has  and  it  only  belongs  to  your  Excellency  and  the 
Surveyor  General  of  the  Customs  to  appoint  the  place  of  their  Residence 

When  they  found  their  ridiculous  commands  entirely  disregarded  and 
contemned  they  sent  their  Emissaries  abroad  to  threaten  that  by  their 


COLONIAL  RECORDS.  459 


mighty  Interest  at  Home  they  would  turn  out  these  Officers  for  their 
oontaniacious  behaviour  it  is  indeed  no  wonder  they  take  upon  them  to 
displace  such  officers  as  these  when  it  is  well  known  that  it  is  become  the 
jest  of  the  whole  Colony  that  when  they  meet  at  their  little  Cabals  they 
sometimes  even  take  the  Libertys  to  depose  Your  Excellency  and  the 
(^hief  Justice  and  such  Members  of  Council  as  fall  under  their  displeas- 
ure they  make  short  work  with  and  this  they  very  gravely  go  about  with 
all  the  solemnity  of  Sovereign  rule  except  the  power  of  putting  their 
Sentences  in  Execution 

Their  next  attempt  was  to  remove  the  Chief  Justice  appointed  by 
His  Majesty  and  to  send  for  one  of  their  own  from  South  Carolina 
whose  character  there  especially  amongst  those  of  his  own  profession  is 
far  from  such  as  would  recomend  him  to  honest  men  after  such  incredi- 
ble industry  and  art  aspersed  His  Majestys  Chief  Justice  by  the  most 
horrid  and  vile  Calumnies  all  over  the  province  they  very  confidently 
brought  their  new  Judge  to  Newbern  where  the  Assembly  was  to  meet 
and  along  with  him  a  tedious  Libel  of  his  own  composing  not  in  the 
least  doubting  but  upon  their  signifying  their  Pleasure  the  House  of 
Burgesses  would  impeach  the  Council  condemn  and  in  consequence  of  all 
this  your  Excellency  suspend  the  Chief  Justice  of  the  Province  appointed 
by  the  King  to  make  room  for  one  of  their  nomination  but  here  again 
they  found  themselves  Most  miserably  disappointed  for  the  House  of 
Burgesses  of  this  province  tho  perhaps  the  most  Jealous  of  all  Officers 
and  the  most  impatient  of  the  least  oppression  of  any  Assembly  of  men 
in  his  Majestys  Dominions  were  so  sensible  of  that  Gentleman's  Integ- 
rity and  faithfnlness  in  the  discharge  of  his  Office  were  so  fully  con- 
vinced of  what  was  at  the  bottom  their  design  to  put  in  a  tool  of  a  Chief 
Justice  in  order  to  get  the  Supreme  Court  of  Justice  and  consequently 
the  whole  property  of  the  province  under  their  own  management  that 
after  nine  hours  debate  in  the  fullest  House  that  ever  was  known  they 
Rejected  with  great  Indignation  by  a  great  Majority  their  infamous 
accusation. 

Their  last  attempt  was  to  pass  a  Bill  by  which  all  even  the  most  cum- 
bersome and  Inconsiderable  Commoditys  of  this  Country  were  to  [be]  rated 
at  almost  double  their  value  and  delivered  at  such  places  where  most  of 
them  by  reason  of  the  distance  from  Water  Carriage  could  not  have 
fetched  the  fourth  part  of  their  real  value  with  these  Commoditys  so 
delivered  were  all  past  and  future  Debts  all  Tublick  and  Parish  Taxes 
and  all  Officers  Fees  to  be  paid  a  Law  that  would  for  ever  have  dis- 
couraged Strangers  from  trusting  their  effects  in  this  province  rendered 
the  carrying  on  of  the  Government  absolutely  Impracticable  certainly 


460  .  COLONIAL  RECORDS. 


prevented  any  regular  Clergy  from  ever  being  Established  here  made  the 
posts  of  every  Officer  good  for  nothing  and  reduced  the  whole  Province 
into  Anarchy  and  confusion  and  yet  this  unjust  this  wicked  law  so  big 
with  mischief  was  most  strenuously  voted  for  by  three  of  these  Gentlemen 
the  fourth  indeed  as  his  own  fees  were  considerably  affected  by  it  thought 
fit  to  join  us  in  rejecting  it 

Upon  the  whole  we  are  we  are  extreamly  willing  to  submit  our  whole 
behavour  to  the  Judgement  of  our  Superiours  at  home  to  Your  Excel- 
lency or  to  the  Judgement  of  all  the  People  and  do  not  at  all  question  that 
when  it  comes  to  [be]  enquired  into  it  will  be  found  to  be  at  least  equally 
Loyal  to  His  Majesty  Dutiful  to  your  Excellency  and  tender  of  the 
Rights  and  privileges  of  our  fellow  subjects  as  that  of  the  Gentlemens 
who  endeavoured  to  cast  such  intolerable  reflections  on  the  Conduct  of 
the  whole  IjCgislature  because  they  wont  make  and  repeal  Laws  accord- 
ing to  their  Will  and  pleasure.  WILL  SMITH 

ROB'  H  ALTON 
MATH  ROWAN 
JAMES  MURRAY 

Ordered  tiiat  the  name  of  John  Swann  and  Jehu  Davis  be  struck  out 
of  his  Majestys  Commission  of  the  peace  for  New  Hanover  County  for 
a  refusing  to  act  upon  the  tryal  of  a  Negro  and  that  John  Sampson 
Esq''  be  added  to  the  Justices  in  the  said  Commission 

Read  the  Petition  of  Cornelius  Harnet  Sheriff  setting  forth  that  in 
February  last  it  was  Ordered  in  Council  that  the  sum  of  twelve  pounds 
ten  Shillings  sterling  be  paid  to  the  Sheriff  of  New  Hanover  and  Chowan 
severally  for  their  attendance  and  expences  upon  the  Courts  of  Oyer  and 
Terminer  but  that  the  said  order  was  omitted  to  be  entered  on  the  Jour- 
nals.    He  therefore  prayed  renewal  of  the  said  order  which  was  Gi'anted 

Ordered  that  the  Colony  Seal  be  affixed  to  the  Representation  of 
Nathaniel  Rice  Esq'  and  others  in  order  to  be  sent  Home. 

Ordered  that  the  Colony  Seal  be  affixed  to  the  Answer  of  William 
Smith  Esq'  and  others  in  order  to  be  sent  Home. 

A  Motion  being  made  at  the  Council  Board  by  Eleaze  Allen  Esq'  set- 
ting forth  that  Richard  Lovet  Clerk  of  the  upper  House  refused  to 
deliver  Copies  to  the  Members  of  Counc^il  of  the  proceedings  in  the 
upper  House  of  Assembly 

Ordered  that  the  said  Lovet  for  the  future  deliver  Copys  of  the  pro- 
ceedings of  the  said  upper  House  to  any  Members  of  his  Majestys  Coun- 
cil when  thev  demand  the  same  and  attest  the  same  under  his  hand. 


COLONIAL  RECORDS.  4G1 


At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  ll""  day  of 
July,  1740 

Present  His  Excellency  Gabriel  John.ston  Esq'  Goveniour  &i- 
(  Will  Smith        )  .,    „  ,;r      ■ 
The  Honoble  I  Rob'  Halton       I  ^'"j.   Members 
icullen  Pollock]      "^  <^o"»«il 
It  is  duly  considered  and  ordered  that  a  proclamation  issue  to  call  the 
several  Members  of  his  Majestys  Council  and  also  tlie  Several  Burgesses 
of  this  province  together  to  meet  in  General   Assembly  at  Edenton  the 
thirty  first  day  of  this  Instant  July  which  said  Proclamation  follows  in 
these  words  Viz' 

North  Carolina — ss. 

By  his  Excellency  the  Goveniour  in  Council 
A  Proclamation 

Whereas  his  sacred  Majesty  hath  signifyed  to  me  his  Royal  Inten- 
tions to  attack  soiue  of  the  most  considerable  places  belonging  to  the 
King  of  Spain  in  America  with  design  to  procure  satisfaction  to  his 
trading  Subjects  in  America  and  elsewhere  for  the  many  Injuries  to 
them  done  by  the  Spaniards  and  reparation  for  the  losses  by  them  sus- 
tained for  several  years  past  by  the  Violent  and  unjust  proceedings  of 
that  nation  in  the  American  Seas  and  whereas  his  Majesty  relying  upon 
the  zeal  of  his  Subjects  of  this  Province  for  the  promoting  his  royal 
Intentions  aforesaid  hath  commanded  me  Immediately  to  lay  before  the 
General  Assembly  of  this  province  several  of  his  royal  Instructions 
for  the  expediting  the  said  design  And  whereas  the  said  gracious  design 
is  immediately  to  be  put  in  Execution  which  may  be  considerably 
impeded  unless  the  General  Assembly  of  this  Province  be  as  soon  as 
possible  convened 

I  do  therefore  by  and  with  the  advice  and  assent  of  His  Majestys 
Council  command  the  several  Members  of  his  Majestys  Council  and  the 
several  Burgesses  of  the  General  Assembly  to  meet  together  in  General 
Assembly  at  Edenton  on  Thursday  the  SI"  day  of  July  Instant  then 
and  there  to  consult  and  advise  concerning  the  arduous  aifairs  of  this 
province.  Given  at  the  Council  Chamber  in  Edenton  the  ll""  day  of 
July  1740  GAB:  JOHNSTON. 


At  a  Council  held  at  Edenton  August  24'"  1740 

Ordered  that  a  Proclamation  issue  commanding  the  several  Sheriffs, 
Treasurers  and  others  concerned  with  tiie  public  money  of  this  Province 
to  finish  their  collections  on  or  before  the  lO""  dav  of  Februarv   next 


462  COLONIAL  RECORDS. 


ensuing  and  to  appear  at  the  next  Sessions  of  Assembly  to  [be]  begun 
and  held  at  Edenton  the  24""  day  of  next  February  in  order  to  have 
their  Accounts  examined  and  past 

By  Order  NATH  RICE  C  C 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  49.] 

My  Lords  [of  the  Board  of  Trade] 

The  Rights  of  the  Council  here  having  been  greatly  invaded  and  in- 
fringed by  Will"  Smith  Esq"  the  eldest  Councillor  his  lately  a.ssuming 
to  himself  a  power  or  priviledge  of  giving  a  double  vote  on  passing  of 
severall  Bills  in  Council  (viz.) 

The  one  for  appointing  a  County  Treasurer  for  the  severall  Countys 
therein  mentioned  and  the  other  for  erecting  a  village  called  New  Town 
into  a  Town  or  Township  by  the  name  of  Wilmington  four  of  the  Mem- 
bers of  Council  (viz)  Nathaniel  Rice,  Eleazar  Allen,  Edward  Moseley 
and  Roger  Moore  Esq"  did  in  a  most  dutiful  manner  represent  the  same 
to  his  Excellency  in  writing  in  order  to  put  a  stop  to  such  an  Innovation 
not  doubting  but  his  Excellency  would  have  done  us  all  the  Justice  we 
had  reason  to  desire  but  to  our  great  surprise  we  could  obtain  no  manner 
of  satisfaction  save  only  an  order  for  Mr  Smith  and  those  of  the  Council 
who  joined  in  supporting  him  in  the  exercise  of  that  Power  viz:  Rob- 
ert Halton  Mathew  Rowan  and  James  Murray  Esq"  to  make  an  answer 
to  our  Representation,  but  these  Gentlemen  instead  of  such  answer  put 
in  a  counter  representation  altogether  evasive  and  forreign  to  the  matter 
in  dispute  containing  nothing  but  invectives  and  unjust  reflections  in 
order  to  asper.se  our  characters  and  to  render  us  suspected  to  your  Lord- 
ships as  persons  of  Turbulent  dispositions  disquieting  the  minds  of  his 
Maie.stys  subjects  and  perplexing  his  Majesty's  Government  here. 

We  therefore  did  not  think  fit  to  make  any  reply  thereto  seeing  that 
to  reply  to  such  new  matters  as  have  no  relation  to  the  point  in  dispute 
would  be  to  multiply  papers  without  end. 

But  in  as  much  as  we  have  the  Honour  of  serving  His  Majesty  in 
Council  and  two  of  us  likewise  as  officers  of  the  Crown  We  humbly  beg 
leave  to  vindicate  ourselves  to  your  Lordships  from  those  unjust  charges 
and  recriminations  lest  our  being  totally  silent  may  give  .some  occasion 
to  believe  we  are  not  altogether  innocent  of  tlie  matters  charged  against  us. 

As  our  Representation  will  in  due  time  come  under  your  Lordships 
consideration  we  shall  beg  leave  to  refer  your  Lordships  thereto  and  con- 


COLONIAL  RECORDS.  46r 


fine  ourselves  only  to  answer  such  matters  as  are  laid  against  us  in  their 
counter  Representation. 

The  first  charge  is  that  "These  four  Gentlemen  and  their  adherents 
took  great  pains  to  insinuate  that  all  these  transactions  were  null  and 
%'oid  (meaning  passing  two  Laws  by  M'  Smiths  double  or  decisive  vote) 
and  that  his  Excellency  could  not  give  his  assent  to  any  Bills  past  in 
that  manner  and  that  if  things  were  not  carryed  on  according  to  our  will 
and  pleasure  no  business  should  be  done  at  that  session. 

To  this  we  answer  and  confess  we  did  not  only  insinuate  but  openly  as 
well  within  Doors  as  without  ])rotest  against  the  passing  these  two  Laws 
in  the  manner  they  were  carryed  at  the  Council  Board  and  gave  our 
reasons  for  so  doing  not  in  a  secret  and  clandestine  way  but  in  the  face 
of  the  whole  Province  and  this  we  humbly  conceive  we  might  lawfully 
do  and  what  the  station  we  were  in  required  of  us — We  were  likewise 
then  and  are  still  of  opinion  that  his  Excellency  could  not  assent  to  the 
two  Laws  in  dispute  because  we  apprehended  he  could  not  do  it  legally 
however  we  might  find  ourselves  mistaken  as  to  this  point.  The  latter 
part  of  this  charge  we  utterly  deny,  nor  is  it  at  all  probable  that  foin- 
members  of  Council  out  of  eight  who  it  is  plain  had  not  interest  enough 
to  put  a  stop  to  the  progress  of  a  Bill  which  they  apprehended  to  be  an 
encouragement  to  Frauds  detrimental  to  Trade  and  prejudicial  to  many 
private  propertys  should  insinuate  they  were  able  to  obstruct  all  business 
of  that  sessions,  nor  was  it  our  Interest  or  Inclination  to  do  so. 

The  next  thing  we  were  charged  with  is  no  less  than  making  an  inso- 
lent demand  to  his  Excellency  in  our  representation  by  desiring  him  to 
repeal  the  Wilmington  Law  by  proclamation  thereby  discovering  a  vio- 
lent restless  and  arbitrary  spirit  &c : 

To  this  we  answer,  that  we  humbly  conceive  we  had  a  Right  as  sub- 
jects of  the  Crown  of  Great  Britain  to  Petition  his  Excellency  in  hum- 
ble manner  for  the  redress  of  any  grievance  whatsoever.  Aud  as  Coun- 
cillors it  was  our  Duty  to  represent  to  him  such  matters  of  Fact  as  seemed 
to  us  distructive  of  the  peace  and  tranquility  of  his  Government  and  to 
advice  him  in  what  manner  affairs  of  this  nature  and  consequence  might 
be  rectified. 

And  altho  our  demand  (as  they  are  pleased  to  call  it)  is  by  them  termetl 
insolent,  yet  we  hope  it  will  appear  to  your  Lordships  we  could  not  tlo 
less  than  make  it  part  of  our  request  that  as  those  bills  were  never  regu- 
larly or  legally  past  the  Council  that  he  would  notifie  the  same  by  his 
proclamation  to  all  his  Majesty's  subjects  in  this  Colony,  to  the  intent 
that  no  person  might  exact  obedience  to  Laws  which  had  no  Entity,  but 
uot  to  repeal  a  Law  by  proclamation  which  had  regularly  past  as  they 


464  COLONIAL   RECORDS. 


suggest,  and  which  we  know  very  well  a  Governor  has  no  power  to  do. 
Besides  we  could  not,  we  were  not  at  Ijibertj-  to  suppose  his  Excellency 
would  have  ventured  to  give  his  assent  to  Laws  passt  in  Council  after 
this  manner  if  he  liad  been  rightly  informed  of  the  state  of  the  matter 
at  the  time  it  happened  much  less  could  we  imagine  he  would  go  about 
to  deceive  the  secretary  of  State  &c:  Your  Lordships  by  an  ambiguous 
declaration  (which  seems  to  insinuate  as  if  there  had  been  an  equality  of 
votes  exclusive  of  the  eldest  Councillor  when  in  truth  there  was  not)  so 
that  we  hope  our  representation  will  appear  to  your  Lordships  to  be  no 
more  than  an  attempt  to  undeceive  his  Excellency  in  a  matter  of  conse- 
quence we  conceived  to  have  been  misrepresented  to  him  and  to  desire  he 
would  be  pleased  to  put  a  stop  to  tlie  effects  of  such  misrepresentations. 

The  next  charge  is  our  issuing  possitive  orders  to  the  Collector  and 
naval  officer  to  officiate  at  Brunswick. 

This  charge  if  proved  would  indeed  be  justly  deemed  insolent,  and 
arbitrary,  it  is  against  us  all  tlio  one  of  us  was  absent  in  New  England 
at  the  time  this  pretended  order  was  given. 

To  explain  this  matter  we  beg  leave  to  make  known  to  your  Lordships 
that  his  Excellency  having  tiiought  proper  (before  passing  the  Wilming- 
ton Law)  to  remove  the  naval  officer  from  Brunswick  the  Port  nominated 
by  the  Hon'''^  the  Commissioners  of  the  Customs  for  the  Entry  and  clear- 
ance of  Vessels  and  where  the  officers  were  ordered  and  did  usually 
reside  to  the  Town  of  New  Town  now  called  Wilmington  about  fifteen 
miles  above  and  where  no  vessels  of  any  large  Tonnage  can  go  without 
hazard.  This  removal  was  deemed  a  great  hardship  and  imposition  on 
the  Trade  of  Cape  Fear  River,  as  it  obliged  the  several  masters  of  ves- 
sels to  perform  what  in  some  places  was  not  practicable  or  render  their 
vessels  liable  to  confiscation — A  Gentleman  one  of  the  four  who  had 
some  Interest  in  Trade  having  a  vessel  to  clear  for  Great  Britain  did 
upon  this  removal  and  without  the  knowledge  or  privity  of  the  rest 
write  the  following  letters  to  M'  Murray  a  shop  keeper  and  naval  officer 
now  one  of  the  Council 

Brunswick  Nov:  3'*  1739. 
M"'  Murray. 

Sir 
I  being  informed  by  the  Deputy  Collector  here  tiiat  you  do  now  act 
as  Naval  Officer,  and  as  the  snow  Henry  and  Mary  bound  for  Hull  now 
lyes  at  the  Port  of  Brunswick  only  for  her  clearance  desire  youle  come 
down  and  clear  her  unless  the  Commissioners  of  his  Majesty's  Customs 
have  been  pleased   to  direct  tliat  office  to  be  removed  up  the  river,  that 


I 


COLONIAL  RECORDS.  465 


distance  from  the  sliii)[)ing,  and  if  that  be  the  ease  beg  youie  be  so  i;;ood 
to  inform  me  by  a  line  and  then  I  siiali  readily  wait  on  yon 
I  am  Sir  vonr  liiimble  servant 

ROGER  MOORE. 

To  wiiicii  M'  Murray  retin'ned  an  answer  as  foih)ws. 

Newtowx  24"'  Novemb:  173!). 
Sir 

I  received  yonr  letter  desiring  me  as  Deputy  Naval  Officer  to  come 
down  to  Brnnswick  to  clear  ont  the  Henry  and  Mary  of  Hull  I  am  to 
inform  yon  that  his  Excellency  has  ajjpointed  me  principal  Naval  Officer 
of  this  Port  with  orders  to  reside  iiere  and  he  bids  me  tell  you  that  if 
either  you  think  his  Majesty's  revenue,  or  the  Interest  of  the  Country  is 
injured  thereby  you  may  represent  it  to  the  Lords  of  the  Treasury  of 
the  Commissioners  of  the  Customs  who  no  doubt  will  give  proper 
orders  thereupon.      I  am  Sir  your  very  inimblc  servant 

JAMES  MXTRRAY. 

In  consequence  of  this  letter  M'  Moore  did  protest  in  form  against  the 
said  M'  Murray  and  since  sent  home  to  the  Hon'''''  the  Commissi  oners  of 
the  Customs  a  Representation  setting  forth  the  great  hardships  and  incon- 
veniences laid  on  Trade  by  the  removal  of  the  naval  office  so  far  from  tlie 
port  by  them  established,  and  this  signed  by  every  master  of  a  vessel  then 
in  port  and  for  some  time  since  who  tis  presumed  will  be  thought  proper 
Judges  of  the  scituation  of  both  places  so  far  as  relates  to  Trade  and 
Commerce. 

And  whether  this  removal  of  the  offices  may  not  open  a  large  Gap  for 
the  breach  of  the  Laws  of  Trade  the  Hon""  Commissioners  themselves 
will  best  judge  wlien  they  shall  be  fully  apprized  of  the  matter. 

This  proceeding  is  what  tiiey  are  pleased  to  call  issuing  possitive  orders 
to  the  Naval  Officer  and  Collector  to  officiate  at  Brunswick,  rediculous 
commands  &e:  how  they  have  proved  it  any  further  than  by  their  asser- 
tion remains  still  a  Question. 

The  latter  part  of  this  charge  of  saying  by  our  Emissarys  we  woidd 
turn  out  the  Officers,  his  Excellency  and  Members  of  Council  &c:  requires 
no  other  answer  than  that  we  absolutely  deny  any  part  thereof 

Another  charge  against  us  is  our  attempt  to  remove  (him)  the  Chief 
Justice  appointed  by  his  Majesty  and  to  send  for  one  of  our  own  from 
South  Carolina  &c  : 

We  are  sorry  M'  Smith  should  put  us  under  the  necessity  of  saying 
anything  on  this  head  .so  forreign  to  the  matter  complained  of  in  our  repre- 

Vol.  4—59 


466  COLONIAL  KECORDS. 


sentation  and  to  object  it  as  a  crime  to  endeavour  to  remove  a  person  who 
by  iiis  behaviour  had  rendered  himself  so  obnoxious  to  the  people. 

We  do  admit  that  several  articles  were  exhibited  to  the  Assembly 
against  M''  Chief  Justice  Smith  by  several  of  the  members  occasioned  by 
several  complaints  of  divers  persons  who  it  was  said  he  had  orcatly 
injured  in  their  Liberty,  Fortunes  and  Characters. 

These  articles  were  indeed  of  a  most  henious  nature  ciiarging  him  in 
general  with  endeavouring  in  a  most  violent,  arbitrary  and  illegal  man- 
ner to  subvert  both  the  Laws  of  Great  Britain  and  of  this  Province  made 
for  the  preservation  of  the  lives  and  estates  of  the  people  here  and  par- 
ticularly that  for  divers  years  last  past  and  contrary  to  the  ]n-actice  of  all 
former  Judges  and  contrary  to  the  laws  of  this  Province  made  for  draw- 
ing of  Jurors  by  ballot  both  in  civil  and  criminal  cases  and  in  manifest 
violation  of  his  oath  which  he  took  at  entering  into  his  Office,  for  the  due 
observance  of  the  ballotting  law  in  particular,  he  had  called  Jurors  to  be 
summoned  by  venire  without  drawing  the  said  Jurors  by  way  of  Lott  or 
ballott  before  the  venire  issued,  or  after  they  were  summoned  and  returned, 
as  by  the  act  was  required,  by  means  of  which  illegal  proceedings  of  the 
said  Chief  Justice  all  the  care  taken  by  the  Legislature  for  preventing 
corruption  of  Officers  in  packing  of  Jurors  were  intirely  obstructed  and 
defeated,  divers  criminals  had  been  illegally  convicted,  condemned  and 
executed  all  Judgements  in  civil  causes  liable  to  be  revers't  and  the  lives, 
libertys  and  propertys  of  his  Majesty's  subjects  in  this  Province  contin- 
ually exposed  to  much  hazard  and  danger. 

With  assuming  to  himself  an  eqnall  power  and  authority  of  his  Maj- 
esty's Court  of  Kings  Bench  at  Westminster  when  criminals  were  con- 
victed of  capital  offences  and  causing  execution  to  be  done  on  the  bodys 
of  such  offenders  by  his  own  orders  or  rules  of  Court  or  precept,  thereby 
depriving  his  Excellency  of  all  opportunityes  of  extending  his  Majesty's 
Grace  and  Pardon  to  such  persons  as  might  happen  to  be  real  objects  of 
Mercy  which  his  Excellency  is  impowered  to  do  by  his  Majestys  Instruc- 
tions and  Commission. 

With  imposing  excessive  fines  on  trivial  and  light  occasions  and  which 
indeed  in  themselves  were  no  offences  at  all,  and  fineing  people  absent 
without  ever  being  heard  or  called  to  answer  by  due  process  of  Law. 

With  great  extortions  and  exactions  in  taking  exhorbitant  fees  three 
times  more  than  was  allowed  by  law  and  taking  and  extorting  extrava- 
gant fees  in  criminal  cases  were  none  at  all  were  due,  giving  divers 
instances  in  perticular  of  such  extortions. 

With  extorting  these  fees  in  civil  cases  over  again  in  one  and  the  same 
cause  from  the  same  persons  after  they  have  been  paid  to  his  clerk  and 
sometimes  to  himself 


COLONIAL  RECORDS.  467 


Promoting  of  suits  and  ordering  a  Writ  to  be  fillefl  up  witiiout  the 
i<nowiedge  of  the  Plaintiff  or  his  Attorney  against  any  person  under  his 
displeasure. 

Issuing  executions  without  the  request  of  either  of  the  partys  to  the 
suits  or  their  attorneys  and  concluding 

That  tiiese  articles  were  but  a  few  instances  of  many  of  the  Chief  Jus- 
tice liis  violent  illegal  and  arbitrary  proceedings  for  that  his  exactions  and 
extortions  were  more  burthensome  than  the  general  tax  of  the  whole 
Country  that  every  Court  of  the  province  was  filled  with  his  oppressions 
and  that  the  people  cry'd  aloud  for  Justice  at  his  Excellency's  hands. 

These  articles  being  read  in  the  house  of  Burgesses  and  proofs  offered 
to  be  made  of  them  all  if  the  House  would  allow  a  competent  time.  M' 
Smith  bad  interest  enough  with  the  Members  either  by  promises  or  threats, 
to  get  it  limitted  to  three  days  tho  some  of  them  were  of  such  a  nature  as 
not  to  be  clearly  proved  without  sending  at  least  one  hundred  miles  for 
jjersons  papers  and  records  which  could  not  possibly  be  done  within  the 
time,  however  short  as  it  was,  the  most  of  them  we  are  told  were  made 
good  by  the  time  appointed  and  supported  by  plain  and  undeniable  evi- 
dence notwithstanding  which  one  of  his  friends  moved  that  the  articles 
might  be  declared  false  and  scandalous,  and  another  that  they  might  be 
rejected,  both  of  which  motions  were  disagreed  to  and  what  M'  Smith  is 
pleased  to  call  rejecting  them  with  indignation  amounts  to  no  more  than 
a  vote  that  the  evidence  then  produced  was  not  sufficient  to  induce  the 
House  to  address  his  Excellency  against  M'  Smith. 

But  as  to  the  charge  of  our  endeavouring  to  remove  him  from  his  office 
we  utterly  deny  to  be  true  not  that  we  were  ignorant  of  the  clamours  of 
the  people  and  their  just  reason  of  complaint  but  as  we  apprehended  these 
complaints  might  one  day  come  before  us  in  Council  we  industriously 
avoided  any  manner  of  concern  therein,  the  contrary  of  which  lyes  upon 
IVP  Smith  to  prove  since  he  has  asserted  it. 

The  last  charge  against  us  is  an  attempt  to  pass  a  Bill  by  which  even 
the  most  cumbersome  and  inconsiderable  commodities  were  to  be  rated 
at  double  their  value  for  the  payment  of  Officers  fees,  Parish  Taxes  &c. 
with  the  train  of  ill  consequences  attending  it. 

To  this  we  answer  That  such  a  Bill  was  sent  to  the  Council  from  the 
House  of  Burgesses  and  in  botii  Houses  had  two  readings  is  certain  and 
a.s  it  was  first  conceived  liable  to  many  and  great  objections.  However 
bad  as  it  was  there  is  very  little  difficulty  we  apprehend  in  proving  that 
this  very  Bill  was  promised  by  M'  Smith  as  far  as  in  himself  to  be  passt 
bv  way  of  retalliation  for  the  services  to  be  done  him  witii  regard  to  the 
articles  above  mentioned  and  it  is  notorious  that  one  Hunter  a  Member 


468  COLONIAL  RECORDS. 


of  the  House  of  Burgesses  on  whom  M'  Smith  did  chiefly  depend  for 
that  service  first  brought  this  Bill  into  the  House  the  commodities  inuu- 
merated  and  the  prices  they  were  to  be  paid  at  in  his  own  hand  writing. 
But  be  this  point  as  it  will  we  conceive  we  had  a  right  to  vote  for  or 
against  a  Bill  according  to  the  best  of  our  Judgement,  and  this,  if  it 
had  received  a  third  reading,  might  have  been  so  amended  as  to  have 
become  serviceable  to  the  people  of  the  province  and  no  injury  to  any 
person  in  it  for  which  we  humbly  beg  leave  to  offer  our  reasons  the 
better  to  exculpate  us  from  this  extraordinary  charge. 

The  paper  currency  of  this  Province  at  present  consists  of  £52500, 
£40000  of  which  was  issued  in  the  year  1729  to  be  let  out  to  Interest 
by  the  publick  at  such  rates  as  that  the  whole  would  sink  in  fifteen 
years ;  The  rest  issued  in  the  present  Governours  time  (yiz :)  March 
1734  to  be  sunk  by  annual  Taxes  for  five  years  and  the  aid  of  a  Deputy 
on  Liquors  which  has  never  yet  been  complyed  with  altho  the  time  is 
expired.  But  the  money  arising  (tho  applyed  by  law  to  this  use)  con- 
tinually diverted  to  other  purposes,  and  it  seems  it  was  thought  neces- 
sary at  this  juncture  to  break  thro  the  only  Law  of  that  nature  which 
remained  unviolated,  by  making  use  of  the  interest  of  the  money  due 
by  Law  of  1729  to  the  payment  of  the  Wages  of  the  Assembly  and  to 
forbid  the  application  of  it  to  any  other  use,  as  by  the  Law  itself  may 
appear  and  this  at  a  time  when  it  might  be  reasonably  hoped  the  Bills 
might  grow  in  value  in  proportit>n  as  they  had  fallen  ;  As  the  period 
for  their  being  sunk  by  the  Law  for  their  emission  approached;  At  a 
time  likewise  when  the  Governour  here  had  but  lately  received  orders  to 
transmit  to  your  Lordships  Board  a  state  of  the  Paper  Currency  of  this 
Province  the  Several  Laws  by  which  it  was  emitted  and  how  those 
Laws  had  been  complyed  with,  which  we  shall  not  presume  to  ani- 
madvert upon  but  leave  to  your  Lordships  consideration. 

By  these  notorious  breaches  of  the  publick  Faith  it  is  evident  that 
the  Bills  now  subsisting  must  inevitably  fall  even  below  the  present  val- 
uation of  ten  for  one  sterling  and  in  all  probability  continue  falling  till 
at  last  they  may  be  reduced  to  no  greater  a  value  than  so  much  wast 
paper  whereby  the  persons  who  shall  be  so  unhappy  as  to  be  creditors 
to  the  publick  at  the  expiration  of  the  time  will  run  the  risk  of  being 
defrauded  of  every  penny  they  shall  be  possesst  of  must  of  consequence 
affect  all  publick  Officers  in  their  Saner3's  and  Fees  and  in  the  end 
reduce  the  affairs  of  the  whole  province  into  confusion. 

It  was  indeed  matter  of  surprize  to  us  when  we  heard  his  Excellency 
intended  to  give  his  assent  to  the  last  mentioned  Law  which  naturally 
led  us  (who  had  a  share  in  the  Ijegislature)  to  propose  f<ome  method  to 


COLONIAL  RECORDS.  469 


remedy  this  great  evil  and  altho  we  had  not  the  least  share  in  framing 
tiie  Bill  which  is  the  subject  of  this  charge,  yet  we  were  willing  to  lay 
hold  of  it  at  this  juncture  and  by  amending  it,  endeavour  to  fix  tiie  publick 
payments  at  one  certain  and  determinate  value  which  for  want  of  Gold 
and  Silver,  could  not  be  done  any  other  way  than  by  applying  some  of 
our  most  valuable  commodities  such  as,  Tobacco,  Hemp,  Flax,  Deer 
skins  to  this  purpose  and  retaining  them  at  such  a  reasonable  value  as  to 
answer  the  end  proposed  according  to  the  practice  of  our  neighbouring 
Collony  Virginia. 

This  my  Lords  was  wliat  we  contended  tor  and  this  is  what  the  Gentle- 
men are  pleased  to  call  the  unjust  and  wicked  Law  which  we  attempted 
to  pass.  An  attempt  we  humbly  hope  will  appear  to  your  Lordships  to 
be  no  other  than  an  endeavour  as  far  as  in  us  lay  to  secure  the  Province 
from  some  of  the  ill  consequences  that  naturally  flow  from  this  strange 
violation  of  the  publick  faith. 

And  here  we  must  beg  leave  to  observe  that  the  only  Law  past  in  this 
hasty  session  of  Assembly  were  the  two  extraordinary  ones  which  occas- 
sioned  this  trouble  to  your  Lordships.  That  for  diverting  the  fund  for 
sinking  the  Currency  and  one  or  two  more  of  no  great  moment  notwith- 
standing A  Bill  for  regulating  the  Militia  of  the  Province  of  the  last  conse- 
quence at  this  time  of  an  approaching  war)  had  receivetl  two  readings  in 
each  house  and  would  have  passt  nemine  contradicente  had  not  his  Excel- 
lency prorogued  the  Assembly  imediately  after  giving  his  assent  to  these 
before  mentioned,  by  which  naeans  Cape  Fear  River  a  part  of  the  Prov- 
ince the  most  exposed  to  the  insults  of  an  enemy  is  for  want  of  such  a 
regulation  left  entirely  defenceless  his  Excellency  having  never  yet  ap- 
pointed any  Officers  for  that  part  of  the  Province  under  pretence  that 
for  want  of  a  Militia  law  such  an  appointment  would  be  useless. 

It  has  been  the  misfortune  of  this  Province  for  some  time  past 'to  lye 
under  the  character  of  a  restless,  factious,  turbulent  people,  and  as  such 
to  be  represented  at  the  several  Boards  at  home  It  is  this  consideration 
we  imagine  has  induced  M'  Smith  and  his  Associates  to  this  very  odd 
method  of  vindication  and  by  mixing  and  involving  our  character  with 
that  unhappy  one  of  the  Province  to  render  our  representation  in  Eng- 
land of  no  weight. 

In  this  ca.se  my  Lords  we  ho])e  we  may  without  breach  of  nu)desty  be 
permitted  to  say  .something  for  ourselves.  That  we  are  by  no  means  that 
sort  of  men  they  would  insinuate  us  to  be,  but  that  our  Loyalty  to  his 
Majesty  Zeal  for  his  service  and  submission  to  his  Government  is  equal 
to  any  of  his  subjects,  we  are  none  of  us  natives  of  the  Pro\ince  or  except 
one,  have  lived  in  it  anv  considerable  time  our  fortunes  brought  into  it 


470  COLONIAL  RECORDS. 


and  what  we  now  possess  much  superior  to  those  of  the  Gentlemen  who 
have  been  pleased  to  take  such  Libertys  with  us  and  of  vahie  enough  to 
engage  us  to  take  care  by  all  lawful!  means  that  they  be  not  torn  from  us 
by  a  powerfull  faction  under  colour  of  Laws  passt  in  oposition  to  the  con- 
stant Practice  of  the  Parliament  of  Great  Britain  in  sucli  cases,  to  which 
we  are  allowed  to  assimilate  ourselves  as  near  as  the  circumstances  of  the 
Province  will  permit.  All  which  is  humbly  submitted  to  your  Lordships 
consideration  by  My  Lords  your,  &c., 

NATH :  RICE.  E.  MOSELEY. 

ELEAZAL  ALLEN.  R.  MOORE. 

North  Carolina  Cape  Fear  River  July  3''  1740. 

(Endorsed) 
Memorial  from  four  Gentlemen  of  the  Council  in  North  Carolina  to 
the  Board  of  Trade,  dated  at  Cape  Fear  River  July  .3^  174t» — ComjJain- 
ing  of  M'  Smith  the  Eldest  Councillor  and  three  other  Members  of  that 
Board,  who  join  in  supporting  him  in  the  exercise  of  a  power,  whereby 
the  Rights  of  the  Council  there  have  been  invaded  and  infringed. 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vols.  23.  &  25.  A.] 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

Att  a  General  Assembly  begun  and  held  at  Newbern  on  Tuesday  the 
fifth  day  of  February,  in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  thirty  nine,  [1740]  and  in  the  twelfth  year  of  the  reign  of  our 
sovereign  Lord  George  the  Second,  and  continued  by  prorogation,  until 
tiie  seventh  of  this  instant. 

•Thursday  the  7*  [February  1740] 

Present  the  hon"*  William  Smith  Esq^"  President. 

(  Nath  Rice         Math  :  Rowan  ~|  Esq"  Members 
The  Honoble^  Rob'  Halton     Edw"  Moseley  V         of  the 

(  Eleaz  :  Allen     Roger  Moore    j    Upper  House 
Then  the  House  was  pleased  to  appoint  Robert  Halton  and  Mathew 
Rowan  Esq"  Members  of  this  Board,  to  administer  the  oaths  by  Law 
appointed,  for  the  qualification  of  Publick  officers  to  tiie  several  Mem- 
bers of  the  House  of  Burgesses. 

Then  his  Excellency  came  to  the  House,  and  was  pleased  to  command 
the  immediate  attendance  of  the  Lower  House  in  the  Council  Chamber. 
Who  accordingly  came. 


I 


COLONIAL  RECORDS.  471 


Tlieii  His  Excellency  was  pleased  to  direct  them  to  repair  to  their 
House  and  choose  them  a  Speaker — &  accordingly  they  departed,  Where- 
upon they  returned  and  acquainted  his  Excellency  that  they  had  chose 
John  Hodgson  Esq"  their  Speaker  And  presented  him 'to  his  Excellency 
for  his  approbation. 

Then  his  Excellency  was  pleased  to  make  the  following  Speech  to  both 
Hou.ses  viz' 

Gentlej[ex  of  His  Ma.testie'.s  Coi-ncti.  and  of  the  House  of 

BuR(iESSES. 

I  have  in  former  Assemblys  frequently  expressed  my  sentiments  relat- 
ing to  publick  affairs  of  this  Province,  that  I  look  upon  it  superfluous 
at  this  time  to  trouble  you  with  a  repetition  of  them,  only  as  there  is  at 
present  the  great  appearance  of  a  war  breaking  out  in  Europe,  I  cannot 
help  once  more  reminding  you  how  absolutely  and  necessary  it  is  to 
revise  and  reform  your  Militia  Law  and  take  the  proper  precautions  for 
putting  such  parts  of  your  Coasts  as  are  most  liable  to  be  insulted  or 
attacked  in  a  posture  of  defence. 

Since  our  last  meeting  here  I  have  been  obliged  to  travel  tiirough  a 
great  part  of  the  Province  and  I  cannot  conceal  from  you  Gentlemen  the 
many  complaints  I  have  met  with  in  every  place  of  their  wanting  Copys 
of  the  Laws,  Magistrates  were  at  a  loss  how  to  decide  controversies  whicii 
arose  amongst  his  Majestie's  subjects,  and  even  private  persons,  who  were 
willing  to  pay  the  taxes  were  puzzled  in  what  manner  and  at  what  time 
to  comply  with  the  Law,  there  is  very  little  diference  Gentlemen  be- 
twixt having  no  Laws  at  all  and  living  under  such  as  are  impossible  to 
be  come  at,  and  are  never  promulgated  in  an  authentik  manner. 

If  your  Committee  appointed  to  revise  your  Laws,  have  done  their 
duty  in  any  tolerable  manner  I  am  persuaded  you  will  lose  no  time  to 
relieve  the  Inhabitants  you  represent  from  so  terrible  a  misfortune,  but 
I  must  acquaint  you  that  as  in  this  so  in  a  great  many  other  branches  of 
the  Publick  service  everything  is  at  a  stand,  for  want  of  proper  funds  to 
defray  the  necessary  charges. 

I  heartily  wish  Gentlemen  you  w^)uld  take  this  into  your  serious  con- 
sideration, thus  far  I  am  of  opinion  that  no  Colony  under  His  Majesty's 
Dominions,  has  so  much  encouragement  as  this,  to  raise  the  necessary 
supplies,  for  the  publick  service,  neither  Governor  nor  any  other  publick 
Officer  make  any  demands  on  the  Publick  for  their  private  accounts  you 
may  appropriate  the  sums  you  raise  by  the  strictest  Clauses  you  can 
invent,  the  Sherifs,  Receivers  and  every  person  concerned  in  collecting 
the  Publick  Revenues  are  of  your  own   chuseing  or  recommendiuo-  and 


472  COLONIAL  RECORDS. 


are  accountable  to  you,  so  that  there  is  a  moral  certainty,  that  the  money 
raised  by  any  Law  you  pass,  must  be  applyed  according  to  the  intention 
of  that  Law.  In  such  a  scituation  as  this  Gentlemen  if  anything  neces- 
sary for  the  Piiblick  good,  is  prevented  for  want  of  proper  Provisions 
to  pay  the  reasonable  charges  which  attend,  it  is  easy  to  see  where  the 
blame  will  lye,  for  my  own  part  I  dont  in  the  least  doubt  from  your 
behaviour  last  Session  but  this  Assembly  will,  to  the  utmost  of  their 
power  and  as  far  as  the  circumstances  of  the  People  will  admit,  provide 
in  a  suitable  manner  for  every  Publick  expence. 

I  must  recommend  to  your  consideration  the  many  notorious  abuses, 
which  attend  the  present  method  of  granting  Licences  for  Marriages 
and  Ordinarie  Keepers.  I  find  myself  very  much  at  a  loss,  how  to 
prevent  them  in  a  legale  manner,  and  mention  it  more  willingly  because 
all  these  abuses  may  be  prevented  without  any  loss  of  time,  by  putting 
those  Licences  on  the  same  reasonable  footing  here,  as  they  are  in  most 
of  our  neighbouring  Colonys. 

I  must  not  omit  to  inform  you  Gentlemen,  that  the  French  and  Span- 
iards have  taken  of  late  uncommon  pains  to  debauch  all  the  friendly 
Indians  who  live  in  the  neighbourhood  of  His  Majestie's  Dominions, 
and  all  over  America,  from  their  friendship  and  alliance  with  his  sub- 
jects, what  success,  they  may  have  met  witii  in  their  Intregnics  I  am 
not  sufficiently  apprized  of. 

But  as  I  found  our  Indians  last  summer  highly  discontented  and  even 
threatening  to  leave  the  province  because  they  are  not  allowed  to  hunt 
within  the  Settlements  I  cannot  forbear  desireing  you  to  consider  what 
mischievous  consequences  might  happen,  if  these  people  who  know  the 
most  secret  and  shortest  avenues  in  the  very  heart  of  the  Country, 
should  be  seduced  by,  or  joyn  any  foreign  Indians,  I've  ordered  his 
Majestie's  Instruction  to  me,  relating  to  those  people,  to  be  laid  before 
you  and  shall  be  glad  of  your  advice  and  assistance  how  to  execute  it  in 
the  most  effectual  manner. 

M'  Speaker  &  Gentlemen  of  the  House  of  Burgesses 

I  am  confident  you  must  have  taken  notice  of  the  good  effects  of  the 
wise  and  moderate  Councils  which  prevailed  during  your  last  Session, 
and  tho'  matters  were  far  from  being  brought  to  that  perfection  which 
every  good  man  and  lover  of  his  Country  could  wish,  yet  you  must 
observe,  more  harmony  and  tranquility  &  Publick  business  carried  on  ■ 
with  more  decency  in  this  Province,  within  these  few  months  than  has 
been  known  of  many  years  before. 

Those  main  points  which  were  the  unhappy' occasions  of  our  former 
difference,  arc  now  adjusted  to  tiie  mutual    satisfaction  of  both  parties. 


COLONIAL  RECORDS.  473 


but  yet  there  remains  a  great  deal  to  be  done  to  put  this  Colony  on  tlic 
same  regular  and  orderly  footing  as  the  rest  of  his  Majestie's  Domin- 
ions, on  the  Contenent  and  it  will  be  impossible  to  succceed  in  your 
endeavours  this  way  unless,  laying  aside  all  former  prejudices  and  Ani- 
mosities, all  names  of  partyes  and  distinction  you  joyn  cordially  and 
unanimously  to  promote  the  publick  good  to  supply  what  is  wanting  in 
your  Laws,  and  remove  everything  that  is  amiss,  I  hope  to  have  the 
pleasure  of  congratulating  you  at  the  end  of  the  Session  on  your  proceed- 
ing in  this  manner  and  you  may  depend  on  my  hearty  &  sincere  concur- 
rance  and  assent  to  every  measure  which  has  the  least  tendency  to  tlie 
Peace  and  Prosperity  of  the  Province. 

These  Gentlemen  are  the  points  I  intended  to  recommend  to  the  last 
Assembly,  if  its  meeting  had  not  been  prevented  by  Accidents  verry 
well  known  to  you  all,  and  as  the  circumstances  of  this  Province  are 
pretty  much  the  same  now,  as  they  were  then,  I  think  it  my  duty  to  lay 
the  same  things  before  you  with  this  addition  that  by  late  Advices  which 
I  have  very  lately  received  from  Great  Britain,  there  appears  still  the 
great  necessity  for  reviseing  your  Laws  and  putting  them  in  proper  order. 

Then  the  House  was  pleased  to  order  his  Excellency's  Speech  to  be 
read. 

And  accordingly  the  same  was  read. 

And  the  House  Thereupon  appointed  Eleaz:  Allen  &  Edward  Moseley 
Esq"  a  Committee  to  answer  his  Exce"^'°  speech. 

And  then  adjourned  until  to  morrow  morning  ten  o'  the  clock. 

Fiyday  the  eighth.     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq'"  President 
(  Nath  :  Rice         Math  :  Rowan       ~| 
The  honorable  <  Rob'  Halton       Edward  Moseley  V  Esq"  Memjjers. 

( Eleaz'  Allen       Roger  Moor  j 

M"^  Allen  from  the  Committee  appointed  to  answer  his  Excellency's 
speech,  Reported  the  same  which  was  read  in  these  words 

To  His  Excellency  Gabriel  Johnston  Esq"  Captain  General  and  Gov- 
ernor in  Chief  in  and  over  His  Maj*""'  Province  of  North  Carolina. 
The  humble  Address  of  the  Members  of  His  Maj""  Council  of  North 

Carolina  Now  met  in  General  Assembly. 

May  it  please  youk  Excellency, 

We  the  Member.'^  of  His  Majestie's  Council  for  this  Province  Now 
met  in  General  Assembly,  take  this  occasion  to  return  your  Excellency 
our  thanks  for  the  Speech  you  were  pleased  to  make  to  both  Houses  at 
the  beginning  of  this  Session. 
Vol.  4—60 


474  COLONIAL  RECORDS. 


The  many  and  just  observations  you  have  made  on  the  present  circum- 
stances of  the  Province  and  the  Evils  you  have  pointed  out,  as  proper 
subjects  for  the  consideration  of  this  Assembly  to  be  redressed,  and  the 
manner  in  which  you  have  been  pleased  to  suggest  such  a  redress  are  to 
us  convincing  proofs  how  much  you  have  the  Interest  of  it  at  heart.  We 
therefore  beg  leave  to  assure  your  Excellency  of  our  sincere  and  hearty 
concurrance  in  promoting  all  the  good  ends  and  proposals  you  have  so 
warmly  recommended  that  peace  and  tranquility  may  reign  amongst  us 
and  your  Excellency's  Administration  be  rendered  happy  and  easy. 

Which  was  approved  of  and  Ordered  to  be  Engrossed. 

Then  the  House  appointed  the  hon*''  Edward  Moseley  and  Roger 
Moor  Esq"  to  wait  upon  his  Excellency  to  know  when  they  should 
attend  upon  him  with  their  Address. 

Who  immediately  returned  and  acquainted  the  House  that  his  Excel- 
lency's Answer  was  As  soon  as  they  were  ready. 

Whereupon  the  House  in  a  full  body  waited  upon  his  Excellency  and 
presented  their  Address. 

And  in  a  short  time  returned  to  their  House  again. 

Then  the  House  adjourned  until  three  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq'°  President. 
(  Nath  :  Rice         Math  :  Rowan  ] 
The  hon^V  Rob' Haltou       Edw*  Moseley   V  Esq"  Members. 
(  Eleaz :  Allen      Roger  Moor,     j 
M'  M.  Moor  &  M'  Montgomery  Brought  up  the  two  following  Bills 
A  Bill  for  an  Act  for  the  better  observing  and  keeping  the  Lords  day 
the  thirtieth  of  January  the  twenty  second  of  September,  the  twenty 
ninth  of  May  and  for  the  more  effectual  suppressing  of  Vice  and  Im- 
morality. 

A  Bill  for  an  Act  for  establishing  the  Church  for  appointing  Parishes, 
and  select  Vestrys  and  for  directing  the  settlement  of  Parish  accounts 
thro'out  this  Government. 

In  the  Lower  House  Read  said  Bills  the  first  time  &  passed.  Then 
the  House  adjourned  until  to  morrow  morning  10.  o'  the  Clock. 

Saturday  the  Ninth.     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 
TNath:  Rice         Math:  Rowan) 
The  hon^'V  Rob'  Halton        Edw^  Moseley  VEsq"  Members. 
(  Eleaz :  Allen       Roger  Moor     j 
The  Bill  for  the  better  observation  of  the  Lord's  day. 
The  Bill  for  establishing  the  church. 


COLONIAL  RECORDS.  476 


Read  the  first  time  &  passed  with  Amendments.  Then  the  House 
adjourned  until  three  o'  tiie  clock  in  the  afternoon. 

Post  Merid"     Tiie  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq"  President. 
The  hon"'  I  ^1^*^^  =  ^^^^^  ^d w*  Moseley  |  j,^^„  Members. 
And  adjourned  until  Monday  morning  ten  o'  the  clock. 

Monday  the  eleventh.     The  House  met  according  to  Adjournment. 
Present 

The  hon"»  I  ^^^^  =  ^"^"     ^^""^  ^^""''^^y  \  Esq"  Members. 
[  Roger  Moor  J        '■ 

And  adjourned  until  three  o'  the  clock  in  the  afternoon. 

Post  Merid".     The  House  met  according  to  Adjournment. 

Present. 

T^i     1      bie  f  Rob'  Halton      Eleaz :  Allen  1  tp    „  tvt      i 
The  hon- 1  j,^j^,  j^^^^^j^y  I  Esq"  Members 

And  adjourned  until  to  morrow  morning  ten  o'  the  clock. 

Tuesday  the  Twelfth.     The  House  met  according  to  Adjournment. 
Present 

The  hon-  {  E'^^^  =  ^1;^;^.  ^l'^^.^^""''^'^'  }  Esq"  Members. 

M'^  Blackball  &  M'  Peyton  Brought  up  the  following  Bills. 

A  Bill  for  an  Act  to  appoint  Constables 

A  Bill  for  regulating  Ordinarys  &  restraining  Typlin  Houses. 

A  Bill  appointing  Coroners  in  every  County  of  this  Government  and 
declareing  the  duty  of  said  Office. 

A  Bill  for  registring  of  Christnings,  Marriages,  &  Burials,  and  pro- 
hibbiting  private  burials. 

A  Bill  concerning  Marriages. 

In  the  Lower  House  Read  said  Bills  the  first  time  and  passed. 

Then  the  House  adjourned  untill  three  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present 
r  Nath  :  Rice        Math :   Rowan  ^ 
The  hon'-'V  Rob'  Halton      Edw'*  Moseley  VEsq"  Members. 
(  Eleaz :  Allen     Roger  Moor,    j 
Sir  Rich''  Everard,  &  M"^  Blount  Brought  up  the  following  Bills 
A  bill    for  an  Act  to  prevent   the  taking  of  boats,  Canoes,   Perry- 
agures  &c. 


476  COLONIAL  RECORDS. 


A  Bill  for  an  Act  to  prevent  the  abuse  of  Lawyers  &c. 

A  Bill  concerning  Weights  and  Measures. 

In  the  Lower  House  Read  said  Bills  the  first  time  and  passed. 

The  three  following  Messages  brought  up  with  the  said  Bills  viz' 

May  it  please  your  Hon" 

We  have  appointed  a  Committee  for  the  publick  clainies  of  the  fol- 
lowing persons,  M' George  Roberts,  M' John  Swan,  M"' Abraham  Black- 
hall,  M"'  John  Starky,  and  M'  Samuell  Sinclare,  to  joyn  such  Members 
of  your  House  as  you  shall  think  fit  to  appoint. 

May  it  please  your  Hon''' 

We  have  appointed  Sir  Richard  Everard  Bar',  M'  M°Rora  Scarbrough 
and  Col :  Benjamin  Hill,  to  joyn  such  Members  of  your  House  as  your 
Honours  shall  appoint  to  examine  and  settle  the  Publick  Accounts. 

May  it  please  your  Hon" 

We  have  appointed  a  Committee  to  enquire  into  the  state  of  the  Cur- 
rency of  this  Province  and  to  consider  proper  methods  to  raise  the  value 
thereof,  of  the  following  persons  viz'  Sir  Richard  Everard,  Col :  Benja- 
min Hill,  M"'  John  Blount  and  M'  George  Roberts  to  joyn  such  Mem- 
bers of  your  House  as  your  Honours  shall  think  fit  to  appoint. 

On  reading  the  before  mentioned  Messages  the  House  appointed  Eleaz : 
Allen  and  Edw''  Moseley  Esq"  to  joyn  the  Committee  of  the  Lower 
House  upon  the  Publick  Accounts  and  Robert  Halton  and  Mathew 
Rowan  Esq"  upon  the  publick  claims. 

The  Bill  to  prevent  the  abuse  of  Lawyers  &c. 

The  Bill  concerning  Weights  and  Measures. 

The  Bill  to  prevent  the  taking  of  boats  &c. 

Read  the  first  time  and  passed  with  Amendments. 

Then  the  House  adjourned  untill  tomorrow  morning  ten  o'  the  clock. 

Wednesday  the  Thirteenth  The  House  met  according  to  Adjourn- 
ment. 

Present 
f  Rob'  Halton         Math  :  Rowan  ^ 
The  hon^'V  Eleaz:  Allen         Edw*  Moseley  V    Esq"  Members 
(  Roger  Moor  j 

And  adjourned  untill  three  o'  the  clock  in  the  afternoon 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present 

The  hon"«  I  ^'^*''  '•  ^'°''  -^'^"^^  Moseley  1    y        Members 

liienon     l^lea^.^Hen        Roger  Moor     j^^^'^    memneri. 

And  adjourned  untill  to  morrow  morning  ten  o'  the  clock. 


COLONIAL  RECORDS.  477 


Thursday  the  Fourteenth.  The  House  met  according  to  Adjourn- 
ment. 

Present 

Tu    u     bie  f  Nath:  Rice  Edw"  Moselev  1    t;^    „  at      i 

Ihehon"''-^  t:,,  .  ,,  r,  nr        "    ^  i^m     Members. 

[  Jiileaz  :  Allen        Roger  Moor     j         ' 

And  adjourned  untill  to  morrow  morning  ten  o'  the  clock. 

Friday  the  Fifteenth.     The  House  met  according  to  Adjournment. 

Present 

Tii     1      bie  f  Nath :  Rice  Edw*  Moselev  )    x-    rs  tvt      t 

Thehon"'"^  t^,  .,,  r,  at        '    r  Esq"  Members. 

[  Eleaz:  Allen        Roger  Moor      j        ^ 

M'  Hunter  &  M''  John  Swan  Brought  up  the  following  Bills  viz' 

A  Bill  concerning  servants  and  slaves. 

A  Bill  for  regulating  the  Militia. 

A  Bill  for  the  encouragement  of  building  Mills. 

A  Bill  for  assertaining  the  damages  on  protested  Bills  of  Exchange. 

A  Bill  concerning  the  qualification  of  Publick  Officers. 

A  Bill  appointing  a  Treasurer  for  the  several  Countys  therein  men- 
tioned. 

A  Bill  for  ascertaining  the  guage  of  Barrells,  and  for  appointing 
packers. 

A  Bill  prescribeing  the  method  of  proveing  Book  debts. 

In  the  Lower  House  Read  said  Bills  the  first  time  and  passed. 

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

Saturday  the  sixteenth.     The  House  met  according  to  Adjournment. 
Present  The  hon"°  William  Smith  Esq"  President. 
(  Nath  :  Rice     Eleaz :  Allen    ~| 
The  hon^'V  Rob'  Halton    Edw'*  Moseley  V  Esq"  Members. 
(  Roger  Moor  j 

The  Treasurers  Bill  Read  the  first  time  and  passed. 
Then  this  House  taking  into  consideration  that  part  of  his  Excel- 
lency's Speech  to  both  Houses,  at  the  beginning  of  this  Session  wherein 
he  is  pleased  to  recommend,  the  absolute  necessity,  of  reviseing  and 
reforming  the  Militia  Law,  and  to  take  proper  precautions  for  putting 
such  parts  of  the  Coast  as  are  lyable  to  be  insulted  or  attacked,  in  a  pos- 
ture of  defence. 

Resolved  that  it  is  the  opinion  of  this  Board  that  the  mouth  of  Cape 
Fear  river  being  the  Southermost  navigable  Inlet  in  this  Province  is 
from  its  scituation,  depth  of  water  and  other  conveniences  for  shipping 
lyable  to  the  Insults  of  a  foreign  Enemy. 

That  the  said  River  is  at  present  entirely  defenceless  and  that  the 
Estates  and  Propertyes  of  His  Majestye's  Subjects  (especially  of  those 


478  COLONIAL   RECORDS. 


inhabiting  the  lower  parts  thereof)  are  in  great  danger  of  being  attacked, 
and  tiieir  Slaves  &  other  goods,  carryed  off  by  the  smallest  invader. 

Resolved  that  an  hnmble  address  of  this  Board  be  presented  to  his 
Excellency  that  he  would  be  pleased  to  use  his  interest  at  home,  with  the 
Lords  of  the  Admiralty,  or  by  any  other  ways,  that  a  Man  of  war  may 
be  stationed  at  Cape  Fear  River  for  the  security  of  the  propertyes  of 
his  Majestie's  Subjects,  The  trade  thereof  chiefly  consisting  of  Naval 
stores,  and  that  a  Copy  of  these  Resolves,  be  likewise  delivered  to  his 
Excellency,  to  be  transmitted  by  him  as  he  shall  think  proper  to  render 
it  most  useful. 

Then  the  House  was  pleased  to  appoint  Eleaz:  Allen  and  Edward 
Moseley  Esq"  a  Committee  to  draw  up  the  said  Address  and  Report  the 
same  to  the  House. 

The  Militia  Bill 

The  Bill  prescribeing  the  method  of  proveing  Book  debts. 

The  Bill  restraining  Tiplin  Houses. 

The  Bill  appointing  Constables. 

Read  said  Bills  the  first  time  and  passed  with  Amendments. 

Then  the  House  adjourned  untill  Monday  morning  Ten  o'  the  clock. 

Monday  the  Eighteenth     Tlie  House  met  according  to  Adjournment. 
Present  The  hon""'  William  Smith  Esq"  President, 
r  Nath  :  Rice         Math  :  Rowan  ^ 
The  hon"V  Eleaz:  Allen      Edw"  Moseley  VEsq"  Members. 
(  Roger  Moor  j 

And  adjourned  untill  three  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 

The  hon- j  ^^'■''^■-  ^i;^»     S^^"'  ^^''"'^"^  \    Esq-  Members. 
(  Roger  Moor  j  ' 

M'  Castellaw  &  M"  Starky  Brought  up  the  following  Bills  viz' 

The  Bill  concerning  Weights  and  Measures 

The  Bill  for  ascertaining  the  allowance  of  his  Majestie's  Council  and 
Member  of  Assembly. 

The  Treasurers  Bill. 

The  Bill  for  regulating  Ordinaries 

The  Bill  for  Prescribeing  the  method  of  proveing  Book  debts. 

In  the  Lower  House,  Read  the  second  time  and  passed  witli  amend- 
ments. 

A  bill  for  building  a  Court  House  and  Prison  in  Chowan  County. 

In  the  Lower  House.  Read  the  first  time  &  passed. 


COLONIAL  RECORDS.  479 


Also  brought  up  the  Petition  of  several  of  the  Inhabitants  of  Bertie 
County,  referrVl  to  this  House  by  the  Lower  House  Regarding  the  Ware 
house  now  appointed  at  Samuel  Buxton's  for  receipt  of  His  Majesty's 
Quit  Rents  being  inconveniently  scitnated,  Prayes  it  may  be  removed 
to  Robert  Harrises  landing. 

The  Petition  of  several  of  the  Ujjper  Inhabitants  of  Edgeconil^e 
referred  as  aforesaid  Regarding  the  Ware  house  now  appointed,  at  John 
Pratt's  for  receipt  of  his  Majestie's  Quit  Rents,  being  inconveniently 
scituated — Prays  it  may  be  removed  to  Marmaduke  Kimbroughs,  near 
the  falls  of  Miratuck  River. 

Then  the  House  adjourned  until  to  morrow  morning  ten  of  the  clock. 

Tuesday  the  Nineteenth     The  House  met  according  to  Adjournment. 
Present  The  hon'"  William  Smith  Esq"  President, 
r  Nath  :  Rice         Math  :  Rowan  ^ 
-nu    I      bia     Rob'  Halton      Edw'' Moseley       u.    „  ^r      i 
Thehon-'     j^^^^^jj^^^     Roger  Moor-        M"  Members 

l^  James  Murray  J 

Eleazer  Allen  Esq''  one  of  the  Committee  appointed  to  draw  the 
Address  to  his  Excellency,  concerning  the  putting  such  parts  of  the  Coast 
of  this  Province  as  are  liable  to  be  insulted  in  a  posture  of  defence 
Reported  the  same  which  was  Read  and  Ordered  to  be  engrossed. 

North  Carolina 

To  his  Excellency  Gabriel  Johnston  Esq"  Captain  General  and  Gov- 
ernor in  Chief  of  his  Majestie's  Province  of  North  Carolina. 
The  humble  Address  of  the  Members  of  his  Majestie's  Councill  in 
North  Carolina,  now  met  in  General  Assembly. 
May  it  please  your  Excellency. 

This  Board  having  taken  under  consideration  that  part  of  your  Excel- 
lency's speech  to  both  Houses  at  the  beginning  of  this  session  Wherein 
you  are  pleased  to  recommend  that  proper  precautions  be  taken  for  put- 
ting such  parts  of  the  Coast  of  this  Province  as  are  liable  to  be  insulted 
or  attacked  in  a  posture  of  defence — Beg  leave  to  present  your  Excel- 
lency with  our  Resolutions  thereupon  and  that  you  would  be  pleased  to 
transmit  the  same  to  the  Lords  of  the  Admiralty  in  Great  Britain  and 
to  use  your  Interest  with  that  Board,  or  any  other  ways,  that  a  Man  of 
War  be  stationed  in  Cape  Fear  River,  to  the  end  that  the  property  of  his 
Majesty's  Subjects  iuiiabiting  the  same  may  be  protected  from  the  insults 
&  invasions  of  the  Enemy  which  are  daily  to  be  expected  from  an 
approaching  war. 


480  COLONIAL  RECORDS. 


The  Bill  for  building  a  Court  house  and  Prison  in  Chowan  Read  and 
passed  first  time. 

The  Bill  for  regulating  Ordinaries.  Read  the  second  time  &  passed 
with  Amendments. 

The  Treasurers  Bill  Read  &  Ordered  to  lye  upon  the  table. 

Then  the  House  adjourned  untill  four  of  the  Clock  in  the  Afternoon. 

Post  Merid"    -The  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq"  President. 

The  hon^-'  I  ^'^*'>  ■■  ^ij^g^^.  ^l2^  '■  ^"^"  I  Esq-  Members. 

M'  Bryan  &  M'  Dawson  Brought  up  the  following  Bills  viz' 

A  Bill  for  secureing  Orphans  Estates. 

A  Bill  for  rating  the  several  Commodities  as  in  this  Act  mentioned, 
equal  to  Proclamation  money,  and  to  direct  the  payments  of  debts,  pub- 
lick  and  parish  taxes. 

In  the  Lower  House  Read  said  Bills  the  first  time  and  passed. 

The  Militia  Bill 

In  the  Lower  House  Read  the  second  time  &  passed  with  Amend- 
ments. 

A  Bill  for  the  better  ascertaining  the  Fees  of  the  several  Officers  in 
this  Province. 

In  the  Lower  House  Read  the  first  time  &  passed. 

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

Wednesday  the  Twentieth  The  House  met  according  to  Adjourn- 
ment. 

Present  The  hon""  William  Smith  Esq"  President 
Nath  :  Rice         Edw'^  Moseley 


T^L    I      biB   )    Rob'  Halton       Roger  Moor        i    i:'    r.  nr      i 
Ihe  hon"''       tt^i  ah  t  i\t  (    Esq"  Members 

Eleaz:  Allen       James  Murray    |         ^ 

{  Math :  Rowan  J 

The  Bill  appointing  a  Treasurer  for  the  several  Couutys  therein  men- 
tioned, being  Read  the  second  time 

And  the  Question  being  put  whether  the  s*  Bill  should  pass 

M'  Smith  President  The  hon""  Rob'  Halton  Math :  Rowan  James 
Murray  Esq"  Members  voted  for  the  passing  the  s""  Bill 

The  hon"'  Nath :  Rice  Eleaz :  Allen  Edw**  Moseley  Roger  Moor  Esq" 
Members  voted  against  it. 

Whereupon  M"  Smith  the  eldest  Connseller,  insisted  that  he  had  a 
decisive  vote  upon  an  eqnality,  On  which  the  said  Bill  pas't. 

Then  the  four  Members  who  were  of  opinion  that  the  said  Bill  ought 
not  to  pass  desired  that  their  dissent  and  Protest  thereto  should  be  read 
and  eutred  upon  the  Journals  of  this  House  viz' 


COLONIAL  RECORDS.  481 


The  Protest  of  the  Subscribers  being  four  of  the  Members  of  the  Upper 

House,  against  the  eldest  Councellor  or  Chairman  claiming  a  casting 

vote,  in   the   Upper   House  on   an   equality  he   making   one  of  the 

equality. 

First.  Because  we  conceive  tliat  the  first  Councellor  has  not,  nor  ought 
to  have  more  power  in  Assembly  than  any  other  Member  of  the  Coun- 
cil, nor  can  vote  more  than  once  on  any  Question  proposed  in  this  House. 

2*'^  That  for  the  first  Councillor  to  assume  to  himself,  the  right  of  a 
casting  vote  where  he  himself  makes  the  equality  is  claiming  that  of  two 
votes,  in  the  Upper  House,  for  which  we  conceive,  there  never  was  a 
Precedent  in  any  of  His  Majesty's  Colonys,  in  America  since  the  first 
Settlement  of  them. 

3"^iy  \Yg  conceive  that  should  this  extraordinary  power,  be  admitted 
in  the  first  Councellor  in  the  Upper  House  of  Assembly  of  first  voting 
as  a  Member,  and  then  giving  an  additional  one  to  cast  the  balance  in 
case  of  an  equality,  himself  included,  this  power  extend  equaly  to  such 
Questions  on  the  negative  side  of  which  he  is  pleased  to  declare  himself, 
as  well  as  on  those  in  the  affirmative,  from  whence  we  conceive  it  will 
follow,  that  the  first  Councellor  in  the  Upper  House  has  at  .sometimes  a 
negative  on  the  Laws  of  this  Province,  A  power  we  cannot  apprehend 
was  ever  vested  in  any  but  the  Crown  or  it's  Delegate  the  Governor. 

4fliiy  ^g  conceive  that  where  a  right  is  so  strongly  asserted  as  in  this 
Case  it  behooves  the  partyes  asserting  that  right  to  produce  some  instance 
paralel  to  it,  either  at  home  or  abroad,  in  support  of  that  assertion  in 
order  to  regulate  our  judgement,  and  determine  our  opinion  in  the  case, 
a.s  nothing  of  this  kind  has  appear'd,  but  on  the  contrary  that  during 
this  present  Govei'nour's  Administration  We  apprehend  a  Bill  has  l>een 
laid  aside,  from  the  equality  of  Votes  in  the  Upper  House,  it  is  plain 
we  conceive,  that  the  present  claim  of  the  first  Councellor  is  an  Innova- 
tion, and  destructive  of  the  rights  of  the  Upper  House  which  we  are 
determined  as  far  as  in  us  lyes  to  leave  unviolated  to  our  Succe.ssors. 

For  all  which  reasons  and  many  other  we  could  produce  to  shew  the 
inconvenience  of  such  a  practice  in  this  House  We  do  hereby  dissent 
from  and  protest  against  any  Bill,  clause  of  a  Bill,  or  other  matter  what- 
soever which  shall  pass  this  House,  in  consequence  of  such  an  uncom- 
mon proceeding. 

Signed.  NATH:  RICE  EDW"  MOSELEY 

ELEAZ:  ALLEN       ROGER  MOORE. 

The   Bill  for  prescri  being   the   method  of  proveing  book  debts  &o. 
Read  the  second  time  &  passed  with  Amendments. 
Vol.  4—61 


482  COLONIAL  RECORDS. 


The  Bill  for  ascertaining  the  allowance  of  His  Majestie's  Councill  &c. 
Read  the  first  time  and  passed. 

M'  Bartram  &  M'  Roberts,  Brought  up  a  Bill  for  erecting  the  Village ' 
called  Newton  in  New  Hanover  County  into  a  Town  &  Township  by 
the  name  of  Wilmington,  and  for  regulating  &  ascertaining  the  Bounds 
thereof 

In  the  Lower  House  Read  the  first  time  and  passed. 

The  Fee  Bill  Read  the  first  time  and  passed. 

M'  Roberts  and  M"'  Bartram  Brought  up  the  Bill  for  ascertaining  the 
wages  of  his  Majestie's  Councill  &c 

In  the  Lower  House  Read  the  second  time  &  passed. 

Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq"  President 
TNath  Rice  Math  Rowan      "| 

The  hon-'"  J  ^°^'  ^''^*°"       ^*^'^'  Moselej     I    ^        Members 
1  lie  Hon     j  Eleazer  Allen    Roger  Moore        [^"'1    Membeis 

1^  James  Murray  J 

The  Bill  appointing  part  of  Bertie  a  Parish  &  County.  Read  the  first 
time  &  passed  with  Amendments. 

The  Wilmington  Bill  Read  the  second  time,  and  after  some  debate 
upon  the  same,  the  question  was  put  whether  it  should  pass. 

For  the  Bill— The  hon"«  W"  Smith  Esq"  President  Rob'  Halton 
Math :  Rowan  James  Murray  Esq"  Memb" 

Against  the  Bill — Nath:  Rice  Eleaz:  Allen  Edvv*  Moseley  Roger 
Moore  Esq"  Memb" 

Then  M''  Smith  President  insisted  on  his  having  a  Casting  vote  Not- 
withstanding the  equality  upon  which  the  Bill  passed. 

Whereupon  the  following  Members  who  protested  against  the  passing 
the  said  Bill  for  the  reasons  given  this  day  in  the  Case  of  the  Treasui-ers 
Bill  did  protest  again.  Reserving  to  themselves,  other  reasons  against 
passing  the  said  Bill  untill  the  third  Reading  of  the  same. 

Then  the  House  adjourned  untill  to  morrow  morning  ten  o'  the  clock. 

Thursday  the  Twenty  first.  The  House  met  according  to  Adjourn- 
ment. 

Present  The  hon""'"  William  Smith  Esq"  President 
Ric«         Edw*  Moseley 


r  Nath  Ric 

Tlie  hon-       ^f  ^flr     ?"^"'  M°°'       !    Ksq"  Members 
'    hieaz:  Allen     James  Murray    '         ' 


1^  Math:  Rowan 

M'  Montgomery  &  Sir  Rich''  Everard  Brought  up  the  following  Mes- 
sage 


COLONIAL  RECORDS.  483 


May  it  please  &c. 

This  House  requests  your  Honours  would  be  pleased  to  send  down  to 
the  House  the  Commodity  Bill  which  was  sent  to  you  the  nineteenth 
iustant. 

The  Commodity  Bill  Read  the  second  time  &  passed. 

The  Militia  Bill  Read  the  second  time  &  passed  with  Amendments. 

Then  the  House  adjourned  untill  three  o'  the  clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 


r  Nath :  Rice       Edw"  Moseley 
)    Rob'  Haltou      Roger  Moor 
Eleaz:  Allen     James  Murray. 


rpi     ,      bi.       Rob'  Haltou      Roger  Moor  t:^    „  at      u 

TJ>'-^l^"""-i    F.IP...  Allen     James  Mnv-.v    1^  Esq"  Members 
Math:  Rowau 

M'  Sinclare  &  M"'  Peyton  Brought  up  the  followiug  Bills. 

The  Treasurers  Bill 

In  the  Lower  House  Read  the  third  time  &  passed. 

The  Bill  for  building  a  Prison  in  Chowan 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

In  this  House  Read  the  second  time  &  passed. 

The  Wilmington  Bill 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

The  Bill  for  prescribeing  the  method  of  proveing  Book  debts. 

In  the  Lower  House  Read  the  third  time  and  passed  with  Amend- 
ments. 

In  this  House  Read  the  third  time  and  passed. 

On  reading  the  Wilmington  Bill  in  this  House  the  second  time,  it  was 
motiou'd  and  the  question  put,  whether  Rufus  Marsden  &  Joshua  Grain- 
ger should  be  added  to  the  Comm"  for  the  Tom'u  of  Wilmington,  in  the 
said  Bill. 

Against  the  Question — The  hon'''"  William  Smith  Esq"'  Pres'  Rob' 
Halton  Math :  Rowan  James  Murray 

For  the  Question — Nath:  Rice  Eleaz:  Allen  Edw''  Moseley  Roger 
Moor. 

Then  the  Votes  being  equal  M'  Smith  the  eldest  Counoellor  again 
insisted,  that  he  had  a  casting  vote  upon  the  equality,  upon  which  tiie 
Question  was  carry'd  ag"  the  Commissioners. 

Then  the  Bill  being  Read,  the  question  was  put,  whether  the  same 
should  pass. 

For  the  Bill,  the  same  Members  who  voted  for  it  the  twentieth  instant. 

Against  the  Bill,  those  that  voted  against  it  the  same  time. 


184  COLONIAL  RECOEDS. 


Whereupon  M'  Smith  again  declared  that  he  had  the  casting  vote  as 
before. 

Upon  which  tlie  Bill  was  carryed. 

The  Treasurer's  Bill  being  Read  the  third  time  the  Question  was  like- 
wise put  whether  the  same  should  pass.  On  which  the  same  Members, 
wiio  voted  for  the  passing  the  said  Bill  on  the  twentieth  Instant,  again 
voted  for  it,  and  the  other  Members  who  voted  against  it  at  the  same 
time,  again  voted  against  it. 

Then  the  eldest  Councillor  M'  Smith  again  insisting  on  the  decisive 
vote  The  Bill  passed. 

Then  the  gentlemen  who  voted  against  the  passing  the  said  two  Bills, 
desired  liberty  again  to  Protest  against  them,  and  against  the  eldest 
Councellor's  decisive  vote  for  the  reasons  before  set  forth,  on  the  twen- 
tieth instant,  and  to  add  such  further  matter  as  they  think  proper  upon 
the  third  reading. 

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

Fryday  the  Twenty  second.  The  House  met  according  to  Adjourn- 
ment. 

Present  The  hon'"''  William  Smith  Esq"  President. 
f  Nath  :  Rice        Edw''  Moseley  ^ 

The  ]u)n-     ^f  ^f^''      f'S^'  ^•^°'-         Esq"  Members. 
Eleaz:  Allen     James  Murray  j        ' 

1^  Math :  Rowan  "  J 

M'  Montgomery  &  M"  Craven  Brought  up  the  following  Bills. 

The  Commodity  Bill 

The  Fee  Bill 

In  the  Lower  House  Read  the  second  time  &  passed  with  Amend- 
ments. 

A  Bill  for  ascertaining  the  boundarys  between  Tyrrell  and  Beaufort 
County,  and  Edgcomb  County. 

In  the  Lower  House  Read  the  first  time  and  passed. 

The  Edgcomb  County  Bill. 

In  the  Lower  House  Read  the  second  time  &  passed. 

A  Bill  to  exempt  the  Inhabitants  of  Bath  Town  from  working  on 
the  Publick  roads  &c. 

In  the  Lower  House  Read  the  first  time  &  passed. 

The  Church  Bill 

In  the  Lower  House  Read  the  second  time  and  passed  with  Amend- 
ments. 

A  Bill  for  the  more  effectual  establishing  a  publick  ferry  from  Bath 
Town  to  Core  Point  and  for  preventing  any  other  Ferry  within  ten 
miles. 


COLONIAL  RECORDS.  485 


In  the  Lower  House  Read  the  first  time  and  passed. 

A  Bill  for  confirming  the  Town  Lands  of  Edenton  and  better  regula- 
tion thereof 

In  the  Lower  House  Read  the  first  time  and  passetl. 

The  Commodity  Bill  Read  the  second  time  and  rejected. 

The  Fee  Bill  Read  and  rejected. 

The  Edenton  Town  Land  Bill  Read  the  first  time  and  passed. 

The  Bath  Town  Ferry  Bill  Read  the  first  time  and  passed. 

M'  Secretary  Rice  complained  to  the  House  that  he  had  been  ac- 
quainted, that  John  Hodgson  Esq"  Speaker  of  the  House  of  Burgesses, 
had  in  a  most  indecent  manner,  in  a  publick  room,  called  the  Secretary 
Rice  a  damned  rascal,  and  said,  also  he  would  cut  of  half  the  said  M' 
Rice's  fees,  and  raise  some  others  in  the  House  of  Burgesses. 

Ordered  that  Afair  be  examined  into  to  inorro\\-  morning. 

The  Tyrrell  Boundary  Bill 

The  Bath  Town  Road  Bill  Read  the  first  time  and  passed. 

Then  the  House  adjourned  until  to  morrow  morning  10  o'  the  Clock. 

Saturday  the  Twenty  third.  The  House  met  according  to  Adjourn- 
ment. 

Present  The  hon"°  William  Smith  Esq"  President. 
Nath:  Rice        Edw'' Moseley^ 


T-i     u     bie  )  ^oW  Halton       Roger  Moor      ■,  t^    .^  ,,      , 
The  hon^'V  ^,  .,,  t  at  V  Esq"  Members. 

I  Eleaz:  Allen      James  Murray  (       ^ 

[  Math :  Rowan  J 

The  Wilmington  Bill  Being  Read  the  third  time  the  Question  was 
put  whether  the  said  Bill  should  pass. 

For  the  Bill— The  hon'"^  W°  Smith  Esq"  Pres',  Rob'  Halton,  Math : 
Rowan,  James  Murray 

Against  the  Bill— The  hon"=  N.  Rice,  Edw*  Moseley,  E.  Allen,  Roger 
Moor 

The  votes  being  equal  M'  Smith  again  insisted  on  his  right  of  the 
casting  vote,  tho'  himself  made  the  equality.  Upon  which  the  Bill 
passed. 

Then  the  four  Members  against  the  Bill,  Protested  as  well  against  the 
power  assumed  by  the  eldest  Councellor  as  the  Bill — And  desired  leave 
until  Monday  to  bring  in  their  Protest  thereto. 

M'  Craven  &  M' Walton  Brought  up  the  Bill  for  building  a  Prison  in 
Chowan  &c. 

In  the  Lower  House  Read  the  third  time  &  passed. 

Then  the  House  adjourned  until  Monday  morning  ten  o'  the  clock. 


486  COLONIAL  RECORDS. 


Monday  the  Twenty  fifth.    The  House  met  according  to  Adjournment. 
Present  The  hon""  William  Smith  Esq"  President. 
C  Eleaz :  Allen     Edw''  Moseley  ^ 
The  hon"V  Rob'  Halton     Roger  Moor      VEsq'^  Memb" 
(  Math  :  Rowan  James  Murray  j 
Sir  Rich''  Everard  &  M'  Swann  Brought  up  the  two  following  Mes- 
sages. 

May  it  please  &c. 

This  House  having  Resolved  that  the  several  County  Treasurers  pay 
Burgesses  wages,  and  all  claims  (as  shall  be  approved  of  by  both  Houses,) 
out  of  the  Pole  tax,  and  Loan  money  by  a  warrant  from  his  Excellency 
the  Governor,  to  them  or  either  of  them  directed. 

To  which  we  desire  your  Hon"  Concurrance 

May  it  please  &c. 

This  House  having  Resolved  to  allow  Edw*"  Moseley  Esq",  Sir  Richard 
Everard,  M'  Samuel  Swann,  M'  John  Swann  Commissioners  appointed 
by  the  last  Assembly  to  revise  the  Laws  of  this  Province,  the  sum  of 
five  hundred  pounds  for  said  service. 

To  which  we  desire  your  Hon"  Concurrance. 

Then  M"'  Allen  produced  to  tiie  House  the  Protest  of  himself  and  the 
other  Members  against  the  Wilmington  Bill.  Which  was  read  in  these 
words — viz' 

First.  Because  the  town  of  Brunswick  was  by  one  Act  of  Assembly 
of  this  Province  passed  the  day  of  November  1729  made  a  Town- 
ship, and  had  by  virtue  of  that  Law,  a  power  to  erect  a  Cluirch,  a  Prison 
and  Court  House,  and  to  hold  the  several  Courts  of  the  Precinct  therein 
That  from  the  encouragement  of  tliis  Law,  many  People  did  undertake, 
to  build  and  actually  built,  several  good  Houses,  and  made  great  improve- 
ments in  and  about  the  said  Town  some  years  before  the  Village  of  New- 
ton was  erected  or  so  called  from  whence  we  conceive  that  should  this  Bill 
pass  into  a  law  it  would  be  attended  with  great  injustice,  in  as  much  as 
it  deprives  those  persons  of  the  fruits  of  their  labour  and  expence,  and 
may  in  time  be  brought  into  Precedent  for  tlie  Demolition  of  this  favour- 
ite Village,  whenever  it  shall  happen  that  another  set  of  Gentlemen 
whose  Interest  lye  much  farther  up  the  river,  shall  petition  the  Legisla- 
ture for  it.  Nor  can  we  conceive  it  at  all  agreeable  to  natural  equity  to 
divest  tiie  Inhabitants  of  the  Town  of  any  Privileges  once  granted  by 
Law,  without  some  failure  or  breach  of  that  Law,  on  their  part  nothing 
of  which  kind  has  been  so  much  as  alledged  against  the  Inhabitants  of 
Brunswick. 


COLONIAL  KECORDS.  487 


Secondly.  Because  the  Lands  in  this  Bill  set  ajiart  for  a  Town,  being 
the  property  of  private  persons,  it  does  not  appear  by  any  authentick 
Instruments,  that  all  the  same  are  allotted  for  .such  a  purpose,  by  the 
consent  of  the  Owners  which  we  think  this  House  should  be  satisfied 
with  before  this  Bill  passes. 

Thirdly.  Because  by  this  Bill  the  Custom  House  Officers,  are  under  a 
certain  Penalty,  established  at  Newton,  Notwithstanding  the  depth  of 
water  and  other  conveniences  of  navigation  before  Brunswick,  are  noto- 
riously known  to  be  superioi-  to  those  of  Newton,  which  we  conceive  to 
be  not  only  contrary  to  the  Orders,  and  intention  of  the  hon"'  the  Com- 
missioners of  the  Customs  of  London,  but  will  subject  the  Trade  of  Cape 
Fear  River  already  too  much  burthened,  to  still  greater  hardships  and 
inconveniencies  as  it  obliges  every  Master  whose  Vessell  is  of  too  large 
burthen,  to  pass  the  shoal  to  Newton,  or  who  shall  think  it  more  con- 
venient to  trade  below,  to  enter  there,  which  many  times  in  the  year  is 
rendered  impracticable  by  bad  weather  within  the  time  limited  by  Act  of 
Parliament,  in  which  case  it  is  in  the  breast  of  the  Officer  to  seize  such 
Vessell,  to  condemn  and  confiscate  her  with  all  her  Tackle,  furniture  and 
apparel,  to  his  Majestie's  use  if  a  judge  of  the  Admiralty,  shall  hereaf- 
ter be  found  wicked  enough  to  proceed  on  so  slight  grounds,  and  all  this 
for  not  performing  impossibilitys 

Lastly.  We  conceive  we  should  not  act  as  faithfull  servants  to  His 
Majesty  should  we  consent  to  the  passing  this  Bill.  Because  by  estab- 
lishing the  Custom  House  Officers  so  far  uj)  the  River  the  fairest  oppor- 
tunitys  are  given  for  breach  of  the  Laws  of  Trade,  by  importing  contra- 
band goods  or  exporting  Tobacco  and  other  enumerated  Commoditys  to 
foreign  Markets  to  the  great  detriment  of  his  Majesties  Revenue  and  dis- 
couragement of  the  fair  Trader,  an  instance  of  wh"''  we  can  produce,  well 
attested,  to  which  the  Officers  were  (as  now  held)  at  Newton. 

We  likewise  protest  again.st  the  manner  of  passing  this  Bill,  the  first 
Councellor  assumeing  to  himself  a  Power  of  a  decisive  Vote,  on  an 
equality  of  Members,  he  making  such  equality. 

For  the  Rea,sons  given  the  19""  Instant  on  passing  the  Bill  for  appoint- 
ing a  Treasurer. 

Signed  NATH:  RICE 

ELEAZ:  ALLEN 
EDW  MOSELEY 
ROGER  MOOR 

Then  the  House  adjourned  untill  three  o'  the  clock  in  the  afternoon 

And  met  according  to  Adjournment.    Present  a.s  before 
And  adjourned  untill  to  morrow  morning  ten  o'  the  clock. 


488  COLONIAL  RECORDS. 


Tuesday  the  Twenty  sixth  The  House  met  according  to  Adjourn- 
ment 

Present  The  hon"'"  W"  Smith  Esq"  President 
r  Rob'  Haltou         Edw"  Moseley  ] 
The  hon"V  Eleaz:  Allen        Roger  Moor      V  Esq"  Members. 
( Math :  Rowan      Ja'  Murray       j 
The  Bill  for  ascertaining  the  Burgesses  wages. 
Read  the  second  time  &  passed  with  Amendments. 
M'  Sinclare  &  M'  Bould,  Brought  up  from  the  Lower  House  the  fol- 
lowing Messages — 

May  it  please  your  Hon" 

We  have  Resolved  the  several  Lists  of  Jurymen  herewith  sent  for  the 
several  Countys  in  this  Province  be  added  to  the  former  List. 

To  which  we  desire  your  Hon"  Concurrance. 

Read  &  concurr'd  with  &  sent  down  to  the  Lower  House. 

And  that  this  Rule  be  observed  untill  next  Assembly,  and  that  the 
clerk  of  the  Assembly  do  immediately  enter  the  same  Lists  on  the  Jour- 
nals, and  deliver  to  M'  Chief  Justice  a  copy  of  the  same,  to  cause  scrools 
[scrolls]  to  be  made  thereby,  to  be  put  into  the  Baleating  Box. 

May  it  please  &c. 

This  House  having  Resolved  that  tiie  several  County  Treasurers  issue 
no  more  loan  money  on  Interest,  than  what  they  have  already  let  out 
and  that  the  several  County  Treasurers  collect  the  Pole  Tax  now  due  in 
the  several  Countys,  as  the  Law  directs. 

To  which  we  desire  your  Hon"  Concurrance. 

May  it  please  your  Hon" 

This  House  Resolved  that  the  moneys  taken  by  the  Officers  for  collect- 
ing the  dutys  on  all  Vessells  coming  into  the  several  Ports  and  Rivers  in 
this  Province,  according  to  their  several  draughts  of  water,  shall  Ije  taken 
at  four  for  one  and  all  Officers  who  have  taken  any  more  shall  refund  the 
same,  to  the  several  Persons  from  whom  it  hath  been  taken. 

To  which  we  desire  your  Hon"  Contairrance. 

M'  Blount  &  M"  Walton  brought  up  the  Bill  for  ascertaining  the  Bur- 
gesses wages. 

In  the  Lower  House  Read  the  third  time  &  passed. 

On  reading  the  Bill  for  ascertaining  the  wages  due  to  the  Burgesses  &c. 
A  Motion  was  made  and  the  question  put  whether  an  Amendment  should 
be  made  to  the  said  Bill  to  allow  the  charges  of  ferryages  to  the  several 
Members  of  Council  and  Assembly.  Which  was  carryed  in  the  Affirma- 
tive. 


COLONIAL  RECORDS.  4«9 


Then  it  was  further  motioned  and  the  question  put,  whether,  one  days 
wages  be  added  to  the  Members  of  Tyrrell  for  comeing  and  going.  And 
carryed  in  the  Affirmative. 

Then  the  House  was  pleased  to  send  the  following  Message,  in  answer 
to  the  Message  regarding  the  Burgesses  wages  &c. 

M'  Speaker  and  Gentlemen, 

On  reading  the  Bill  for  ascertaining  the  Allowance  of  the  Members  of 
Council  and  Assembly  in  this  House  the  third  time  we  came  to  the  fol- 
lowing Resolution 

That  an  Amendment  be  made  to  the  said  Bill  by  adding  an  Allowance 
for  ferryages  to  the  Memiiers  of  Council  &  Assembly  and  that  one  day 
more  be  added  to  the  wages  of  the  Members  of  Tyrrell  County  for  come- 
ing and  going. 

To  both  which  we  desire  your  Concurrance — Before  we  put  the  Bill  for 
passing  in  this  House. 

M'  John  Starky  &  Ja'  Castellaw  Brought  up  the  following  Message 

May  it  please  &c. 

This  House  having  ordered  forty  pounds  to  be  paid  to  the  Rev''  M' 
Holmes  for  the  several  sermons  preached  l)y  him  before  both  Houses. 

To  which  we  desire  your  Concurrance 

Read  and  concurred  with. 

M"^  Montgomery  &  M^  Starky  brought  up  the  following  Message  with 
the  Petition  of  divers  Scotch  men — viz' 

This  House  having  read  the  Petition  of  Dngald  McNeal,  and  Col : 
McAlister  in  behalf  of  themselves,  and  others  which  Petition  we  here- 
with send  you  to  which  we  refer.  And  have  resolved  to  concurr  with 
your  Honours  as  far  as  lyes  in  our  power  to  give  such  encouragement  to 
the  Petitioners  as  you  shall  think  proper. 

On  reading  the  above  Message  the  House  took  under  their  consideration 
the  same  and  Ordered  the  said  Petition  to  be  read.  Which  accordingly 
was  in  these  words. 

To&c 

The  Petition  of  Dugald  McNeal  and  Col:  McAlister  in  behalf  of 
themselves  and  several  other  Scotch  Gentlemen  and  several  poor  People 
brought  into  this  Province 

Setting  forth  that  they  arrived  into  this  Province  in  the  month  of  Sep- 
tember, with  about  three  hundred  and  fifty  people  from  Scotland  to  set- 
tle in  this  Province 

Vol.  4—62 


490  COLONIAL  RECORDS. 


And  if  proper  encouragement  be  given  them,  that  they'l  invite  the  rest 
of  their  friends  &  acquaintances  over 

And  prays  for  such  encouragement  as  they  think  proper. 

The  House  on  reading  the  above  Petition  came  to  the  following  Reso- 
lutions— viz' 

Resolved  that  the  Persons  mentioned  in  the  said  Petition,  shall  be  free 
from  payment  of  any  Publick  or  County  tax  for  Ten  years  next  ensue- 
ing  their  Arrival. 

Resolved  that  towards  their  subsistance  the  sum  of  one  thousand 
jionnds  be  paid  out  of  the  Publick  money,  by  his  Excellency's  warrant 
to  be  lodged  with  Duncan  Campbell,  Dugald  M°Neal,  Daniel  M°NeaI, 
Coll.  M°Alister  and  Neal  M°Neal  Esq"  to  be  by  them  distributed  among 
the  several  families  in  the  said  Petition  mentioned. 

Resolved  that  as  an  encouragement  for  Protestants  to  remove  from 
Europe  into  this  Province,  to  settle  themselves  in  bodys  or  Townships, 
That  all  such  as  shall  so  remove  into  this  Province,  Provided  they  exceed 
forty  persons  in  one  body  or  Company,  they  shall  be  exempted  from  pay- 
ment of  any  Publick  or  County  tax  for  the  space  of  Ten  years,  next 
ensueing  their  Arrival. 

Resolved  that  an  address  be  presented  to  his  Excellency  the  Governor 
to  desire  him  to  use  his  Interest,  in  such  manner,  as  he  shall  think  most 
proper  to  obtain  an  Instruction  for  giveing  encouragement  to  Protest- 
ants from  foreign  parts,  to  settle  in  Townships  within  this  Province,  to 
be  set  apart  for  that  purpose  after  the  manner,  &  with  such  priviledges 
and  advantages,  as  is  practised  in  South  Carolina. 

On  Reading  the  Message  from  the  Lower  House,  regarding  their 
Resolve  for  allowance  to  the  Commissioners  for  reviseing  the  Laws, 

It  was  Resolved  that  they  not  having  laid  before  this  House  for  their 
opinion  the  said  revised  Laws,  the  House  deferr'd  the  consideration 
thereof  nntill  next  Session  of  Assembly,  when  they  upon  the  same  being 
laid  before  them  will  take  the  same  into  their  consideration. 

Then  the  House  adjourned  untill  3  o'  the  Clock  in  the  afternoon 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  hon"'  William  Smith  Esq"  President, 
f  Nath :  Rice         Edw"  Moseley  ^ 

Thehun-J    Sf'^ffr       f^«g^'-if"«'-"      -Esq"  Members 
Lleaz:  Allen       James  Murray  ^ 

[  Math :  Rowan  "    J 

M'  Craven  &  M'  Lovick  Brought  up  the  two  following  Messages 


COLONIAL  RECORDS.  491 


May  it  please  &c. 

In  answer  to  your  Message  relating  to  the  allowance  of  the  Members 
of  Council  &  Assembly  &c.  We  concurr  with  your  Amendments  pro- 
posed, not  including  kServants  and  Servants  horses. 

May  it  please  &c. 

Pursuant  to  an  Act  of  Assembly  pass'd  in  March  last,  we  have 
appointed  the  following  Persons  with  M'  Speaker,  to  joyn  Your  House 
to  value  the  Exchange  of  tiie  Currency  of  this  Province. 

M'  Swann  M'  Sumner  M'  J""  Blount  M'  Roberts  M'  Aldersou  M' 
Bartram  M^  Dawson  M'  Tho:  Bryant  M'  Smithick.  who  are  to  proceed 
on  the  same,  when  your  Hoiiours  will  be  pleased  to  give  them  notice. 

The  House  on  Reading  the  Message  regarding  the  allowance  of  wages 
due  to  his  Majestie's  Council  &c.  And  Debateing  the  same  The  question 
was  put  whether  the  Amendment  proposed  by  this  House  for  having  the 
ferrages  of  themselves  their  Servants  and  Horses  be  excluded  or  included. 

Resolved  that  the  ferrages  of  Servants  and  Horses  &c  be  incerted  in 
the  said  Bill. 

Upon  which  the  same  was  accordingly  added  and  the  following  Mes- 
sage sent  together  with  the  Bill. 

M'  Speaker  &c. 

We  cannot  receede  from  our  Opinion  that  the  ferrages  of  the  Servants 
and  Horses  of  the  Members  of  Coimcil  and  Assembly  be  added  to  the 
bill  for  allowance  of  his  Majestie's  Council  and  the  Members  of  Assem- 
bly We  have  therefore  incerted  that  Amendment,  and  pass'd  the  Bill 
thereon. 

Then  the  House  adjourned  until  to  morrow  morning  10  o'  the  Clock. 

Wednesday  the  Twenty  seventh  The  House  met  according  to  Ad- 
journment 

Present  The  hon""  William  Smith  Esq"  President. 
r  Rob'  Halton  Etlw"  Moseley  ) 

The  hon^'V  Eleaz:  Allen         Roger  Moor  "    I  Esq"  Members. 
(  Math  :  Rowan       -Ta^  Murray       J 
M'  Blackball  &  M'  Swann,  Brought  up  the  two  following  Messages 

May  It  please  &c. 

This  House  having  Resolved  that  the  Wages  due  to  the  Servants  of 
both  Houses  and  wages  due  to  the  Members  of  former  Assemblys,  \w 
first  paid  out  of  the  moneys  in  the  hands  of  Sir  Richard  Everard. 

To  which  we  desire  your  Concurrance. 

Concurr'd  with  and  sent  down. 


492  COLONIAL  RECORDS. 


May  it  please  &c. 

This  House  has  Resolved  that  the  Indians  ought  to  have  liberty  untill 
next  Session  of  Assembly,  to  hunt  on  all  People's  Lands  they  keeping 
out  of  inclosnres,  and  not  burning  the  woods  near  any  Persons  Planta- 
tion and  doing  no  damage  to  People's  stocks  and  behaveing  themselves 
Orderly. 

To  which  we  desire  your  Concurrance. 

Concurr'd  with  and  sent  down. 

Then  the  House  thought  fit  to  send  the  following  Message  viz' 

M'  Speaker  &  Gentlemen, 

We  have  received  by  M'  Swann  the  Report  of  the  Committee  of  both 
Houses  on  the  Claims  allowed  of  by  your  House,  and  signed  by  the 
Speaker,  As  we  cannot  doubt  but  this  Paper  was  sent  up,  for  our  Con- 
currance, We  have  upon  Reading  and  considering  the  same  and  from  the 
Report  of  Gentlemen  of  our  House  on  that  Committee  thought  proper 
to  add  four  pounds  to  the  Article  of  Ricliard  Lovett,  for  stationary  ware 
which  makes  the  sum  eighteen  pounds. 

To  which  we  desire  your  Concurrance. 

In  the  Lower  House  Concurr'd  with. 

Then  his  Excellency  came  to  the  House  and  was  pleased  to  Order  the 
immediate  Attendance  of  the  Lower  House  with  such  Bills  as  were 
engrossed. 

Whereupon  the  Speaker  attended  by  the  House,  came  and  presented 
to  his  Excellency  the  following  Bills  viz' 

An  Act  prescribeing  the  method  of  paying  Book  debts. 

An  Act  appointing  a  Treasurer 

An  Act  erecting  a  Village  in  Newhannover  County  by  the  name  of 
Wilmington. 

An  Act  to  ascertain  the  Allowance  of  his  Maj''"'  Council. 

To  which  his  Excellency  was  pleased  to  assent. 

Then  his  Excellency  was  pleased  to  Prorogue  this  Assembly  to  Eden- 
ton  the  second  Tuesday  in  November  next. 


North  Carolina — ss. 

At  au  Assembly  begun  &  lield  at  New  Bern,  on  Neuse  River  the  fifth 
day  of  February  in  the  thirteenth  Year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Second  of  Great  Britain,  France  &  Ireland  King  &e; 
and  in  the  year  of  our  liord  one  thousand  seven  hundred  and  thirty  nine ; 
[1740]  being  the  First  Session  of  this  present  Assembly. 


COLONIAL  RECORDS.  495 


The  Several  "Writs  for  electing  Members  of  Assembly  to  serve  for  the 
several  Countys  &  Towns  in  this  Province  were  retnrned  as  follows  Viz'. 

For  Chowan  County — M'  John  Hodgson,  M'  John  Blount,  M'  Abr* 
Blackball,  M'  John  Benbury,  M'  Thoni'  Walton 

For  Currituck  County — M'  Tho=  Lowder,  M'  W"  Lcary,  M'  Jacob 
Caroon,  M'  .John  Caroon,  M"  George  Powers. 

For  Pequimon  County — M'  M^Rora  Scarbrough,  M'  Jos:  Sutton,  M' 
James  Sumner,  M'  Joshua  Long,  M'  Nath"  Carruthers. 

For  Bertie  County— M'  Benj"  Hill,  M^  Jas.  Castelaw,  IVP  Tho"  Bry- 
ant, M"  John  Dawson,  INP  John  Browne. 

For  Pasquotank  County— M'  Tho"  Hunter,  M'  Will"  Rtlf,  M'  David 
Bailey,  M"'  Thomas  Pendleton,  IVP  Caleb  Sawyer. 

For  Tyrell  County — M'  Stevens  Lee,  M'  Edm''  Smithwick,  Jn°  Mont- 
gomery Esq',  M'  W""  Gardner,  M"  Jas.  Castelaw. 

For  Beaufort  County — M'  Benj'  Peyton,  M'  Simon  Alderson. 

Craven  County — Geo :  Roberts  Esq,  M"^  W"  Brice. 

For  Hyde  County— M'  Sam"  Sinclare,  M''  Joseph  Tart. 

New  Hanover — M''  John  Swann,  M"  Maurice  Moor. 

Onslow  County — M'  Sam"  Swann,  M'  John  Starkey. 

Bladen  County— S'  Rich"  Everard  Bar',  M'  Will"  Bartram. 

Bath  Town— ]\P  Rich"  Rigby. 

Caiteret  County — M"'  Thom'  Lovick,  M'  Arthur  Mabson. 

Edenton — M'  James  Craven. 

New  Bern — M'  Geo  :  Bould. 

Forty  four  Members  appear'd,  &  took  the  several  Oaths  by  Law 
appointed  for  their  Qualification,  and  took  their  Seats  in  the  House 
accordingly. 

William  Herritage  Clerk  of  this  House  appeared  &  took  the  Oaths 
by  Law  appointed  for  his  Qualification.  Two  Members  of  this  House 
waited  on  his  Excellency  the  Gov'  at  the  Council  Chamber;  to  acquaint 
him  this  House  was  ready  to  wait  on  his  Excellency,  who  was  pleased 
to  Command  their  attendance  at  the  Council  Chamber  immediately. 
Then  the  House  in  a  full  body  waited  on  his  Excell"^  the  Gov'  in  the 
Council  Ciiamber ;  who  commanded  them  to  return  to  their  House ;  & 
make  Choice  of  a  Speaker ;  and  present  their  Clioice  to  him  for  Appro- 
bation. 

The  House  returned  &  M'  Maurice  Moore  proposed  M'  James  Caste- 
law, &  M'  Benj°  Hill  proposed  M'  John  Hodgson,  upon  which  it  was 
put  to  the  Vote  and  Mr.  Hodgson  carried  it  l\y  a  Majority  of  Seventeen 
Voices. 

The  House  then  waited  on  his  Excell^  the  Gov'  in  the  Council  Cham- 
ber and  presented  M'  Hodgson  accordingly. 


494  COLONIAL  RECORDS. 


His  Excellency  was  pleased  to  approve  of  their  Choice  and  made  the 
following  Speech  which  M'  Speaker  was  pleased  to  Recommend  to  the 
House  &  Ordered  it  to  be  read.  Viz' — [For  the  Governor's  address 
see  Journal  of  Upper  House. — Editor.] 

Sir  Rich'^  Everard  mov'd  this  House  that  a  Committee  be  appointed 
to  answer  his  Excellency's  Speech,  which  was  appointed  of  the  follow- 
ing persons,  viz'  Sir  Richard  Everard  Baron',  M'  Samuel  Swanu,  M' 
Thomas  Hunter;  &  George  Roberts  Esq'. 

S'  Richard  Everard  mov'd  this  House  that  a  Committee  be  appointed 
to  enquire  into  the  State  of  the  Currency  of  tliis  province,  and  to  con- 
sider of  proper  Methods  to  raise  the  value  thereof  and  that  a  Message 
be  sent  to  the  Upper  House  desiring  they  would  appoint  two  members 
of  their  House  to  Joyn  Sir  Richard  Everard  Baron'  Mr.  Benj'  Hill,  M' 
Jno  Blount  &  George  Roberts  Esq' who  are  appointed  a  Committee  pur- 
suant to  said  Motion. 

Resolved;  That  the  Commiss"  appointed  to  revise  the  Laws  now  in 
force  in  this  Province  make  Report  of  their  proceedings  tiiereon  to  this 
House  tomorrow. 

M'  Blount  mov'd  that  Dennis  Sherlock  be  appointed  a  Messenger  to 
the  House  and  S'  Richard  Everard  mov'd  that  Samuel  Reed  be  appoiutetl 
Messenger  to  the  House,  which  was  put  to  the  vote  and  carried  in  favour 
of  M'  Sherlock. 

James  Moore  and  Samuel  Reed  were  proposed  by  Two  members  of 
this  House  to  serve  this  House,  as  Door  Keepers  which  was  put  to  the 
Vote  and  carried  in  favour  of  M'  Moore. 

The  House  adjourned  till  9  of  the  clock  tomorrow 

Fryday  8'"  Fel/^  1739.  [1 740]  The  House  met  according  to  Adjou rn- 
ment. 

Read  the  Pet"  of  Lewis  Lefubres  and  others  setting  fortli  etc  Praying 
an  act  may  pass  for  their  Naturalization 

Order'd  the  said  Petition  lye  on  the  Table. 

Read  the  Petition  of  Griffith  Jones,  John  White  and  Roij'  Hamilton 
in  behalf  of  themselves  and  others  Freeholders  of  the  County  of  Bladen. 
Setting  forth  &c. 

That  at  tlie  last  Election  of  Burgesses  for  the  said  C\iunty  of  Bladen 
W"  Bertram  Thomas  Browne  S'  Richard  Everard,  and  William  Forbes 
were  candidates. 

That  tlie  said  Richard  Everard  as  they  apprehendwl  was  not  qualifv'd 
according  to  Law  to  be  a  Burgess  for  tiiat  County. 


COLONIAL  RECORDS.  495 


Tliat  the  said  Richard  Everard  procured  several  Foreigners  not  nat- 
uralized and  other  persons  not  qualified  to  vote  for  him  and  they  were 
accordingly  polP  by  the  Sheriff. 

That  the  Sheriff  was  also  prevailed  upon  to  close  the  Poll  abruptly 
before  several  Freeholders  iiad  given  in  their  Votes,  who  were  really  at 
the  place  of  Election  for  that  purpose. 

By  all  which  Illegal  practices  the  said  S'  Rich''  Everard  was  and  is 
returned  by  the  Sheriff  as  duly  Elected  one  of  the  Burgessses  for  the 
said  County : 

Wherefore  your  Pet"  humbly  pray  that  S"^  Richard  Everard  may  be 
ordered  to  make  it  appear  that  He  is  qualify'd  to  be  a  Burgess  for  said 
County  and  that  a  scrutiny  may  be  held  on  the  Sheriffs  return  and  that 
such  Resolutions  and  Orders  may  be  passed  thereupon  as  this  Honorable 
House  in  their  great  Wisdom  shall  seem  meet 

And  your  Pet"  shall  pray  &c. 

Whereupon  the  said  Petition  was  put  to  the  Vote  whether  it  be 
rejected  or  not  which  was  carried  in  the  Affirmative  and  it  was  accord- 
ingly rejected 

M'  Thomas  Bryant,  one  of  the  Members  for  Bertie  County  appeared 
was  qualify'd  and  took  his  seat  in  the  House  accordingly. 

M'  Maurice  Moore  mov'd  that  a  Committee  be  appointed  of  the  fol- 
lowing persons  viz'  Sir  Rich''  Everard  Baron'  M"'  MacRora  Scarborough 
and  M'  Benj*Hill  to  Examine  and  Settle  the  publick  acco*"  of  this  Prov- 
ince in  Conjunction  with  such  of  the  members  of  the  upper  House  as 
they  shall  think  prop"'  to  app' 

Repoi'ted  by  S'  Rich''  Everard  from  the  Committee  appointed  to  draw 
an  answer  to  his  Excell^'  Speech  that  they  had  prepared  one:  which  he 
read  in  his  Place  in  these  words: 

To  his  Excell"^  Gabriel  Johnstone  Esq'  Gov"'  and  Commander  in  chief 
in  &  over  his  Majesty's  Province  of  North  Carolina. 

The  humble  Address  of  the  Gen"  Assembly  now  met  at  New  Bern  for 
the  said  Province 

May  it  please  yuue  Excellency 

Wee  his  Majestys  most  faithful  Subjects  Representatives  of  Liege  peo- 
ple of  this  province  in  Assembly  beg  leave  to  Return  your  Excellency 
our  hearty  thanks  for  your  speech  to  both  Houses  at  the  opening  of  this 
Session. 

Wee  agree  with  your  Excell"'  that  the  great  Appearance  of  Warr  in 
Europe  makes  it  absolutely  necessary  for  us  to  reform  our  Military  Law. 
and  put  such  -parts  of  our  Coast  as  are  most  liable  to  be  insulted  or 


49«  COLONIAL  RECORDS. 


attacked  by  our  Enemies  into  a  posture  of  defence;  The  want  of  a  due 
promulgation  of  the  Laws  of  this  province;  especially  those  passed  the 
last  Session  are  certainly  attended  with  those  evil  Consequences  you  have 
Enumerated.  Wee  shall  take  care  that  the  Laws  already  pass'd  &  those 
hereafter  to  be  pass'd  may  have  so  much  promulgation  as  may  render  the 
duty  of  the  Subject  as  well  as  the  Magistrate  more  easy,  and  this  wee 
judge  will  be  Effected  by  the  Revisal  of  the  Laws  and  causing  them  to 
be  printed. 

Wee  shall  according  to  your  Excellency's  recommendation  endeavour 
to  prevent  the  many  notorious  abuses  which  attend  the  present  method 
of  granting  Licences  for  Marriages  and  ordinary  keepers  by  putting  those 
Licences  on  the  same  reasonable  footing  as  they  are  in  our  neighbouring 
Colonys  and  to  provide  such  proper  funds  as  shall  be  consistant  with 
the  abilitys  of  those  we  represent  that  no  liranch  of  the  publick  Service 
may  be  retarded  for  want  of  a  provision  to  defray  the  necessary  charges 
attending  the  same. 

Wee  shall  take  that  part  of  your  Excellencys  Speech  which  relates  to 
the  Indians  into  Consideration  and  use  our  utmost  Endeavours  to  pre- 
vent those  Evils  which  your  Excellency  apprehends  may  fall  upon  us 
should  those  people  be  seduced  by  our  Enemies  to  joyn  them  and  quit 
this  province. 

Wee  assure  your  Excel"^  that  wee  are  met  together  with  firm  Resolu- 
tions to  lay  aside  all  former  prejudices  and  animositys  all  names  of  party 
and  distinction  and  to  joyn  cordially  and  unanimously  to  promote  the 
publick  Good  to  supply  what  is  wanting  in  our  Laws  to  remove  every- 
thing that  is  amiss  and  to  pursue  those  Measures  which  are  most  likely 
to  Establish  the  Peace  and  prosperity  of  this  province  &  thereby  render 
your  Excellencys  Administrati(^n  happy  and  E)asy.  Which  received  the 
Approbation  of  the  whole  House.  Order'd  the  same  to  be  fairly  Trans- 
cribed : 

Read  the  Petition  of  Walter  Lane  complaining  of  an  undue  Election 
of  a  Member  for  Newbern  Town  in  Craven  County 

Resolved  That  the  Sheriff  of  Craven  County  have  notice  to  attend 
this  House  to  answer  wherefore  he  returned  George  Bould  Member  for 
Newbern  abovesaid  and  that  all  the  Votes  be  sent  for  likewise. 

S'  Richard  Everard  reported  from  the  Commiss"  appointed  for  the 
S°ward  to  revise  the  Laws  in  force  in  this  province  as  follows:  An  Act  for 

the  better  observing  &  keeping  the  Lords  days  &c which  was 

read  and  pass'd  And  sent  to  the  upper  House  by  M'  Maurice  Moore  & 
John  Montgomery  Esq'° 


COLONIAL  RECORDS.  497 


Reported  by  M'  Speaker  &  John  Montgomery  Esq"  from  the  C'om- 
miss"  to  the  N°ward  appointed  to  Revise  the  Laws  in  force  in  this  jirov- 
ince;  that  they  are  ready  to  produce  the  same  to  this  House; 

M'  John  Swann,  Geo:  Roberts  Esq"  M''  Ab""  Blacivhall  M'  John 
Starkey  &  M'  Samll  Sinclare  are  appointed  a  Committee  of  publick 
Claims  &  are  to  joyn  such  Members  of  the  upper  House  as  shall  be 
appointed  for  that  jjurpose,  by  the  upper  House. 

Read  the  Petition  of  several  Inhabitants  of  Tyrell  County  praying 
several  Amendments  in  the  Quit  Rent  Act:  that  the  Jurisdiction  of 
the  County  Courts  may  be  enlarged  that  four  Assistant  Justices  may  be 
appointed  to  assist  the  Chief  Justice  in  holding  the  Gen"  Court  &  Circuit 
Courts  &  that  an  Act  may  pass  to  prevent  the  Indians  hunting  &c  on 
patent  Lands.     Ordered  the  same  to  lye  on  tiie  Table. 

M'  Maurice  Moore  moved  that  persons  be  appointed  to  prepare  the 
Fee  Bill.  Order'd  That  M'  Sam"  Swann  Geo  Roberts  Esq"  and  M'  Ja" 
Castelaw  do  prepare  and  bring  in  the  same. 

Read  the  Petition  of  Ja'  Newby  of  Pasqut)tank  County  Praying  to 
be  Exempt  from  paying  Levys.     The  same  Granted. 

Read  the  Petition  of  John  Martin  of  Pasquotank  County  Praying  to 
be  Exempt  from  paying  Levys. 

The  Same  Rejected. 

S''  Rich*  Everard  mov'd  for  leave  to  bring  in  a  bill  for  an  Act  to  pre- 
vent the  abuse  of  Lawyers  &  to  prevent  the  multiplicity  of  Law  Suits 

Order'd  He  do  prepare  and  bring  in  the  same. 

Read  the  Pet°  of  John  Holt:  Praying  to  be  Exempt  from  working  on 
the  Roads.     The  Same  Granted. 

Read  the  Petition  of  W™  Healy  Praying  to  be  exempt  from  working 
on  the  Roads  and  Mustering.     The  same  Rejected. 

Read  the  Petition  of  Edw*  Keeling  of  Craven  County  Praying  to  be 
exempt  from  working  on  the  Roads  paying  of  Levys  and  all  other  pub- 
lick  Services     The  Same  Granted. 

Read  the  Petition  of  several  of  the  Inhabitants  of  Pasquotank  County 
Praying  an  Act  may  pass  to  oblige  the  Inhabitants  of  Currituck  to  clear 
that  part  of  the  great  Swamp  that  leads  through  the  head  of  Pasquotank 
into  Currituck  lying  in  Currituck  County  Ordered.  M'  Thomas  Pin- 
dleton  &  M"'  Thom'  Hunter  do  prepare  and  bring  in  the  same  pursuant 
to  the  Petition 

Read  the  Petition  of  Mullford  Lanston  Praying  to  be  exempt  from 
working  on  the  Roads  and  paying  Taxes     The  same  Granted. 

Read  the  Petition  of  Cornel'  Leary  of  Tyrell  County  Praying  to  be 
exempt  from  working  on  the  Roads  and  paying  Taxes.  The  same 
Granted^ 

Vol.  4—63 


498  COLONIAL   RECOKDS. 


M'  Craven  mov'd  for  leave  to  bring  in  a  Bill  to  revise  the  Several 
Laws  relating  to  Edenton,  and  to  add  such  Clauses  as  are  necessary  &c. 
Order'd  That  M'  Craven  do  prepare  and  bring  in  the  same 
The  House  adjourned  till  half  an  hour  after  Two  of  the  Clock  in  the 
Afternoon. 

The  House  met  according  to  the  adjournment. 

Read  the  Pet"  of  Sol"  Williams  of  Craven  County  Praying  to  be 
exempt  from  all  puhlick  Services  &  paying  Taxes.     The  Same  Granted. 

Read  the  Petition  of  Henry  Roads  Praying  to  be  exempt  from  work- 
ing on  the  Roads  &  paying  Levys     The  Same  Granted. 

M''  Blackball  &  M'  Sutton  waited  on  his  Excellency  the  Gov'  to  know 
when  he  would  be  pleased  to  receive  the  address  of  this  House. 

Who  was  pleased  to  command  their  attendance  at  the  Council  Cham- 
ber immediately. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Gov'  in  the 
Council  Chamber  &  presented  to  him  the  foregoing  Address. 

To  which  his  Excellency  was  pleased  to  make  the  following  answer 

M'  Speaker  and  Gen' 

I  am  heartily  obliged  to  you  for  your  kind  Address  and  shall  readily 
agree  with  you  in  anything  for  the  publick  good. 

Reported  by  S'  Richard  Everard  from  the  Comra"  at  the  S°ward  for 
revising  the  laws  in  force  &c  as  follows  viz' 

An  Act  for  establishing  the  Church.  Order'd  tiie  same  do  lye  on  the 
Table. 

The  House  adjourned  till  Tomorrow  morning  9  of  the  Clock. 

Saturday  the  9""  of  Feb^^  1739.  [1740]  The  House  met  according  to 
adjournment. 

Order'd  That  the  Clerck  of  this  House  do  acquaint  the  Rev*  M' 
Holmes  that,  It  is  the  desire  of  this  House  that  he  preach  a  sermon 
tomorrow  before  this  house. 

S'  Rich*  Everard  mov'd  that  an  Address  be  presented  to  his  Excell"^ 
the  Gov'  to  direct  the  Secretary  of  this  Province  to  lay  before  tins  House 
the  original  Laws  of  this  Province. 

Order'd  S'  Richard  Everard  and  M'  Benj"  Hill  do  prepare  the  said 
Address. 

Geo  Roberts  Esq"  mov'd  this  House  that  as  the  Members  returned  to 
serve  for  that  part  of  the  province  called  Edgecomb  County  now  sit  in 
this  House  contrary  to  the  priviledges  of  this  House  they  might  not  be 
allowed  to  sit  any  longer  till  a  Law  should  pass  for  that  purpose 


COLONIAL  RECORDS.  499 


Which  was  put  to  the  Vote  &  carried  in  the  Negative 

M'  Craven  mov'd  for  leave  to  bring  in  a  Bill  to  appoint  that  part  of 
the  province  called  Edgecomb  into  a  distinct  County  by  the  name  of 
Edgecomb  County. 

Order'd  That  M"'  James  Craven  M'  Tho'  Bryant  and  M'  Abra" 
Blackball  do  prepare  and  bring  in  the  same 

This  House  resolved  into  a  Committee  of  the  whole  House  to  Enquire 
into  the  Pole  of  Newbern  Town  &  chose  M''  Maurice  Moore  Chairman. 

After  some  time  spent  therein  M'  Speaker  resumed  the  chair. 

Read  the  Petition  of  John  Wright  &c.  Praying  to  be  Exempt  from 
paying  all  Levys  &  public  Services.     The  same  Granted. 

Read  the  Petition  of  several  Inhabitants  of  Chowan  County  Praying 
that  Trade  may  be  Encouraged  and  promoted  to  Europe  &  the  West 
Indies,  That  port  charges  may  l)e  lessened  and  that  a  Naval  Office  may 
be  Established  at  Edenton. 

Order'd  that  M'  John  Blount  &  M"'  Thomas  Walton  do  prepare  and 
bring  in  a  bill  for  an  Act  pursuant  to  the  prayer  of  the  said  petition. 

Read  the  Petition  of  the  upper  Inhabitants  of  Chowan  County,  Pray- 
ing the  County  Court  may  be  held  as  near  as  may  be  the  Center  of  the 
s**  County  &c  antl  that  an  act  may  be  passed  for  that  purpose. 

Order'd :  That  M''  Blount,  M'  Walton  &  M"'  Hunter  do  prepare  and 
bring  in  a  Bill  pursuant  to  the  s*  petition 

Rec''  two  Bills  from  the  upper  House,  One  for  an  Act  for  the  better 
Observing  &  keeping  the  Lords  Day  and  an  Act  for  Establishing  the 
Church  and  appointing  select  Vestrys 

Endors'd  Read  the  first  Time  in  the  upper  House  and  passed  with 
amendments. 

The  House  resolyed  into  a  Committee  of  tiie  whole  House  to  Enquire 
further  into  the  Pole  of  Newbern  Town. 

M'  Maurice  Moore  Chairman  resumed  the  chair. 

After  some  Time  spent  therein  M'  Speaker  resumed  the  chair 

The  House  adjourned  till  three  of  the  clock  in  the  afternoon 

The  House  met  according  to  the  Adjournment. 

The  House  resolved  into  a  Committee  of  the  whole  House  to  Inquire 
into  the  Pole  of  Newbern  Town  and  M'  Maurice  Moore  Chairman 
i-esumed  the  Chair. 

It  appearing  to  this  House  that  the  High  Sheriff  having  Voted  for 
Geo :  Bould  the  Member  returned  at  the  said  Election 

The  Motion  was  made  &  the  Question  was  put  whether  or  not  tiie  s"* 
.Sheriffs  Vote,  ought  to  be  admitted,  at  the  said  Election.  Anil  carried  in 
the  Affirmative 

Then  M'  Speaker  resum'd  the  Chair. 


500  COLONIAL  RECORDS. 


The  House  adjourn'd  till  Monday  9  of  the  Clock  in  the  Morning. 

Monday  the  IT"  Feb'^  1739.  [1740]  The  House  met  according  to 
Adjournment. 

The  Motion  was  made  &  the  Question  was  put  whether  M'  George 
Bould  the  sitting  Member  was  duly  Elected  for  Newbern  Town  or  not. 
Which  was  carried  in  the  Affirmative 

M'  Benj*  Peyton  mov'd  that  as  he  was  inform'd  M'  Chief  Justice 
Smith  was  the  last  Assembly  if  they  had  Sat  to  have  been  Impeached 
for  Several  Crimes  &  Misdemean'  that  the  Impeachment  might  be  pro- 
duced to  this  House  immediately  Otherwise,  that  the  s''  Chief  Justice 
might  be  declared  by  this  House  a  Just  and  upright  Judge.  Upon 
which  S'  Rich''  Everard  Baron'  One  of  the  Members  of  this  House 
charged  the  s''  Chief  Justice  with  high  Crimes  &  Misdemean"  and  was 
seconded  by  M'  Samuel  Swann  &  prayed  leave  till  Wednesday  next  to 
exhibit  the  Articles  against  him; 

Order'd,  The  said  S'  Rich*  Everard  have  leave  till  Wednesday  next 
to  prepare  &  bring  in  the  said  Articles  And,  that  a  Warr'  Issue  from 
M'  Speaker  to  bring  persons,  Records  and  papers  before  them  to  Enable 
them  to  make  proof  of  the  said  Articles. 

Whereas  several  Reports  have  been  spread  to  detract  the  Character  of 
several  of  the  Members  of  this  House  for  abdicating  this  House  the  last 
meeting  of  the  House  of  Assembly  at  New  Bern  which  Reports  are  now 
made  appear  to  be  Groundless,  false,  and  unjust. 

The  House  adjourned  till  half  an  hour  after  two  of  the  clock  in  the 
afternoon 

The  House  met  According  to  Adjournment. 

S"^  Richard  Everard  mov'd  the  House,  as  he  was  ordered  by  the  House 
to  draw  the  Articles  of  Complaint  ag'  the  Hon"°  W"  Smith  Esq"  C'hief 
Justice,  M"'  Maurice  Moor  might  assist  him  therein  &  tiiat  they  might 
withdraw  tiiemselves  from  the  service  of  the  House  till  to  morrow  Morn- 
ing. 

Order'd.  They  have  leave  acxjordingly. 

Reported  by  M'  Swann  one  of  the  Commiss"  appointed  to  Revise  the 
Laws  &c  as  follows  Viz' 

A  Bill  for  an  Act  for  Registering  Christenings,  Marriages  &  Burials. 

A  Bill  for  an  Act  for  Regulating  Ordinarys  &  Restraining  Tipling 
Houses  which  were  read  the  first  time  and  pass'd 

Tiie  House  adjourned  till  tomorrow  9  of  the  clock 

Tuesday  the  12""  of  Fel/^  1739.  [1740]  The  House  met  acconling  to 
Adjournment. 


COLONIAL  RECORDS.  501 


S'  Richard  Everard  &  Coll"  Hunter  niov'd  for  leave  to  bring  in  a  Bill 
for  an  Act  to  prevent  frauds  in  packing  Pork  and  otlier  eoniUKjdities,  and 
to  ascertain  the  Gauge  of  BarrelLs. 

Ordered  They  liave  leave  to  prepare  and  bring  in  the  same. 

The  House  adjourned  for  half  an  hour. 

The  House  met  according  to  adjournment: 

M'  James  Sumner,  one  of  the  Members  for  Pequimens  County  ap- 
pear'd  took  the  Oaths  appointed  for  his  Qualification  &  subscribed  the 
Test  and  took  his  seat  in  the  House. 

Sent  to  the  Upper  House  the  following  Bills. 

For  appointing  Constables  for  Regulating  Ordinary  Keepers  &c:  for 
Regulating  Christening  &c  for  appointing  Coroners  &c:  for  an  Act  con- 
cerning Marriages,     by  M'  Blackball  &  M'  Peyton 

M"  Maurice  Moore  mov'd  that  a  Committee  be  appointed  to  bring  in 
a  Bill  for  Rating  the  Commodities  of  this  Province:  equal  to  Procla""" 
money. 

Order'd  That  M"-  Moore  S^  Rich"  Everard;  M'^  Blount;  M'  Scar- 
iirough;  M"' Hunter;  M'Lowther;  M'  Castelaw;  M'"  Anderson  ;  M' Sin- 
clare;  M'  Roberts;  M'  Starkey,  M'  Smithwic^k  &  M'  Mabson,  do  pre- 
pare and  bring  in  the  same. 

Read  the  Petition  of  Peter  Arnold.  Praying  to  be  exempt  from  work- 
ing on  the  Roads  &  all  publick  service.     The  same  Granted. 

Read  the  Petition  of  Christ"  Yeoman  of  Hyde  County  Praying  to  be 
exempt  from  paying  Taxes  &  all  publick  dues  &  dutys.  The  same 
Granted. 

Read  the  Petition  of  W"  Botsworth  &c  Praying  to  be  exempt  from 
jjublick  Duty     The  same  Granted. 

Read  the  Petition  of  Thomas  Peartree  of  Hyde  County  Praving  to 
be  exempt  from  paying  Taxes  and   publick  Dutys.     The  same  Granted 

Reported  by  S'  Rich''  Everard  one  of  the  Comm"  appointed  to  revise 
the  Laws  &c  as  follows  Viz' 

A  Bill  for  an  Act  to  prevent  the  abuse  of  Lawyers  &c  Which  he  read 
in  his  place  and  was  sent  to  the  upper  House  by  S"^  Rich''  Everard  &  M' 

Blount as  also  a  Bill  for  an  Act  to  prevent  the  takeing  of  Boats 

Canoes  Pottiangers,  which  was  read  &  sent  as  above;  as  also  a  Bill  for 
an  Act  concerning  Weights  &  Measures,  which  was  read  and  sent  as 
above. 

M'  Blackball  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  prevent 
the  abuse  of  Practisers  of  Physick  &  Chirurgery,  and  to  ascertain  their 
Fees 

Order'd  :  Tiiat  M'  Blackball  and  M'  Sinclare  do  prepare  and  bring  in 
the  same : 


502  COLONIAL  RECORDS. 


Sent  a  message  to  the  upper  House  Viz' 

May  it  please  your  Honours 

Wee  have  appointed  S"^  Rich^  Everard  Baron'  M"  Soarbrougli  &  IVf 
Hill  to  joyn  such  members  of  your  house  as  you  shall  appoint  to  Ex- 
amine &  Settle  the  Publick  Acco' 

Sent  a  Message  to  the  Upper  House  Viz' 

May  it  please  your  Honours. 

Wee  have  appointed  M'  Roberts  M'  Swann  M"^  Blackball  M'  Starkey 
&  M'  Sinclare  to  joyn  such  Members  of  your  House  as  you  shall  think 
proper  to  appoint  to  Settle  and  allow  the  publick  Claimes  of  this  Prov- 
ince. 

Sent  a  Message  to  the  upper  house. 

May  it  please  your  Honours 

Wee  have  appointed  a  Committee  of  the  following  persons  to  joyn 
such  Memb"  of  your  House  as  you  shall  think  proper  to  appoint  to 
Inquire  into  the  State  of  the  Currency  of  this  province  &  consider  of 
proper  Methods  to  raise  the  value  thereof: 

The  House  adjourned  till  3  of  the  Clock  in  the  Afternoon. 

The  House  met  according  to  Adjournment. 

S'  Richard  Everard  Baron'  gave  in  the  follow^  List  to  this  House 
of  the  persons  &  papers  necessary  for  Evidences  to  make  good  the  Ar- 
ticles to  be  exhibited  against  the  Hon"'  William  Smith  Esq"  Chief  Jus- 
tice of  this  Province  Viz' 

Will""  Dudley  of  Onslow  County,  Cornelius  Harnet  Esq'"  Sheriff  of 
New  Hanover  County,  Rufus  Marsden,  and  Dan"  Dunbibin  Merchant  in 
Newton,  M'  Benjamin  Wheatley  of  New  Hanover,  John  Smithers 
Dep  Sheriff  of  New  Hanover  &  Thomas  Murphy  Will""  Tumcliff  Rob' 

Pitts  Rob'  Kirkland  James  Keith  of  Craven  County  : copies 

of  the  Venires  and  Pannels  since  M'  Smith  was  Chief  Justice.  Copies 
of  four  writs  for  Executing  the  Criminals  at  Edenton,  Sign'd  by  the 
Chief  Justice.  Copy  of  M''  Smith  Commission  as  Chief  Justice;  Copy 
of  the  Commission  of  Grand  Sessions  &  Commission  of  si  non  Amnes 
(if  any)  Copy  of  the  Record  of  M'  Dawsons  Contempt  about  Trotters 
D°  concerning  the  Presentment  of  John  Bond  March  17-36  D°  of  Robt 
Callahorn  Andrew  Connor  and  others  at  Bath,  August  1739  Copy  of 
the  Execution  in  the  Case  Bridgen  against  Tullwood  D"  in  the  Indict- 
ment against  Kelly  for  forcible  into  M' A nderst)ns  Lands 

and  Copies  in  the  Two  cases   against  Anthony  Booth.  D°  in  the  case 


COLONIAL  RECORDS.  503 


Will"  Dudley  against  Will™  Crossby  for  assault.  Rob'  Forster  Esq" 
Joseph  Anderson  Esq"  Thomas  Jones  Attorney  at  Law.  Orlando 
Champion  of  Chowan,  Rob'  Callahorne  and  Audrew  Conner  of  Bath 
Town.  James  Kelly  of  Edenton,  Anthony  Booth  at  Mr.  Duckinfields 
Plantation  in  Berties  County,  W"  Maeskay  late  of  Edenton  but  now  of 
Bertie  County.  And  niov'd  that  M''  Speaker  Issue  his  Warr'  to  cause  to 
come  before  this  House  the  abovesaid  Evidences. 

Resolv'd  that  M''  Speaker  Issue  his  Warrant  accordingly. 

Reported  by  M'  Swann  one  of  the  Commiss"  appointed  to  revise  the 
Laws  in  force  in  this  province  A  Bill  for  an  Act  concerning  Servants  & 
Slaves  which  he  read  in  his  place  the  first  time  and  passed. 

Order'd  the  same  to  be  sent  to  the  Upper  House. 

The  House  adjourned  till  tomorrow  morning  9  of  the  Clock. 

Wednesday  the  1:5*  of  Feb''^  1739.  [1740]  The  House  met  according 
to  adjournment. 

S'  Richard  Everard  pursuant  to  his  Motion  of  Monday  last  laid  be- 
fore the  house  several  Articles  against  the  Hon""  William  Smith  Esq" 
Chief  Justice  which  he  read  in  his  place.  Then  the  House  resolved 
into  a  Committee  of  the  whole  House  to  debate  on  the  s*  Articles  and 
unanimously  Chose  M"'  Thomas  Hunter  Chairman. 

It  was  mov'd  by  M'  Speaker  and  seconded  by  M'  Benjamen  Hill  that 
the  Articles  now  exhibited  against  the  Hon""  William  Smith  Esq" 
Chief  Justice  might  be  debated  on  Article  by  Article  and  that  the  proof 
of  the  same  be  produced  immediately  that  the  House  might  resolve 
whether  the  said  Articles  are  sufficiently  prov'd  to  this  House  for  this 
House  to  impeach  the  said  Chief  Justice  of  the  same. 

To  which  M'  Swann  objected  and  seconded  by  S"  Richard  Everard. 

Then  it  was  put  to  the  Vote  and  carried  in  the  Affirmative  by  a  ma- 
jority of  Ten  Voices. 

Sir  Richard  Everard  proceeded  to  the  proof  as  follows 

To  the  seventh  Article  call'd  M"'  John  Bryan  and  M'  Will"  Herri- 
tage  Evidences  to  support  the  same  Articles  and  after  hearing  the  Evi- 
dence 

Mov'd  whether  the  s*  Article  was  prov'd  sufficient  to  Impeach  the  s" 
Chief  Justice  with  the  same 

M'  Speaker  objected  to  the  s*  motion  &  mov'd  they  might  go  through 
the  Evidence  to  the  whole  charge  before  they  mov'd  for  the  Opinion  of 
this  Committee,  being  seconded  by  M'  Blackball  was  put  to  the  Vote 
and  carried  in  favour  of  M'  Speakers  motion 

Then  proceeded  the  second  Article  and  called  M'  Joseph  Anderson 
and  M'  Ai'chibald  Hamilton  who  were  examined. 


504  COLONIAL  RECORDS. 


To  the  fourth  and  Sixth  Articles  prcKlueed  M'  Andersons  Evidence. 

To  the  Eighth  Article  produced  M'  Anderson  M'  Caldoni  M'  Bryan 
&  M'  Starkey  Evidences. 

To  the  ninth  Article  produced  the  Deposition  of  Anthony  Booth. 

To  tlie  Tenth  Article  produced  M'  Anderson's  several  Executions  and 
M"'  Lovett  Evidence. 

To  the  Eleventh  Article  produced  M'  Anderson  Evidence. 

To  the  Twelfth  Article  produced  M'  Anderson  and  M"  Lovett  Evi- 
dences. 

To  the  Thirteenth  Article  produced  M'  Hamilton  Evidence 

To  the  Fourteenth  Article  agree  to  Expunge  being  matter  of  private 
conversation. 

To  the  Fifteenth  Article  produced  M"^  Hamilton  Evidence 

To  the  Sixteenth  Article  not  any  Evidence  produced 

Which  Evidences  being  fully  examined  the  Committee  proceeded  to 
debate,  after  some  time  resolved  the  proofs  Exhibited  to  the  above  s* 
Articles  are  not  sufficient  to  support  the  same. 

Then  M'  Speaker  resumed  the  chair 

M'  Chairman  reported  from  the  Committee  tliat  the  aforesaid  Articles 
and  prt)ofs  were  fully  heard  &  debated  by  the  said  Committee. 

The  Question  was  put  whether  the  proofs  that  were  produced  to  sup- 
port the  said  Articles  are  sufficient  for  this  House  to  Impeach  the  s* 
Chief  Justice  or  not  being  put  to  the  Vote  was  carried  in  the  Negative 
by  a  majority  of  six  Votes 

The  House  adjourned  till  tomorrow  9  of  the  clock. 

Tuesday  the'  14''  of  Feb'''  1739.  [1740]  The  House  met  according 
to  adjournment 

M'  Maurice  Moor  produced  to  the  House  a  Bill  for  an  Act  for  the 
better  Regulating  the  Militia  of  this  Province  which  he  read  in  his  place 

Order'd  the  same  to  be  sent  to  the  upper  House. 

M'  Hunter  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  prescribe 
the  Method  of  proving  Book  Debts. 

Order'd  M'  Hunter  and  M'  Roberts  do  prepare  and  bring  in  the  same 

M'John  Swann  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  divide 
New  Hanover  County. 

Order'd  He  prepare  and  bring  in  the  same. 

Sir  Richard  Everard  one  of  the  Commiss"  appointed  to  revise  the 
Laws  &c :  Reported  to  the  House  as  follows,  Viz' 

A  Bill  for  an  Act  for  Ascertaining  the  Gauge  of  Barrels  for  appoint- 
ing packers  &c 

Order'd  the  same  lye  on  thB  table         -  • 


COLONIAL  RECORDS.  5f»5 


Order'd  the  several  committees  appointed  by  the  Houses  have  leave  to 
Imploy  Clerks  in  Case  they  think  proper; 

The  House  adjourned  till  tomorrow  9  of  the  clock 

Fryday  the  15""  of  Feb'^'  1739.  [1740]  The  House  met  according  to 
Adjournment 

Order'd  That  notice  be  set  up  at  tlie  door  of  this  House  that  all  Treas- 
urers and  all  other  persons  who  have  any  publick  monys  in  their  hands 
and  do  not  appear  before  the  Committee  for  setling  publick  acco*"  and 
account  with  them  &  pay  such  money  as  they  shall  be  in  Arrear  to  the 
publick  ou  or  before  the  IS""  of  this  Inst'  shall  be  sent  for  to  this  house 
in  Custody. 

Read  the  Pet"  of  the  Publick  in  Gen"  &c  Praying  a  fee  Bill  might 
pass. 

Order'd  the  same  lye  on  the  Table. 

M'  Hunter  brought  in  a  Bill  for  an  Act  for  prescribing  the  Method  of 
proving  Book  Debts  which  was  read  and  Passed. 

Order'd  the  same  be  sent  to  the  Upper  House  by  M'  Hunter  and  M' 
John  Swann. 

Sent  to  the  upper  House  a  Bill  for  an  Act  concerning  Servants  and 
Slaves  by  M'  Hunter  and  M"'  John  Swann 

Sent  to  the  upper  House  a  Bill  for  an  Act  ascertaining  the  Gauge  of 
Barrells  for  appointing  Packers  &c  by  M"  Hunter  and  M'  John  Swann. 

M'  Blackball  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  appoint 
a  Treasurer  for  the  Countys  therein  mentioned. 

Order'd  he  have  leave  to  prepare  and  bring  in  the  same  whicii  he  read 
in  his  place  and  passed 

Order'd  the  same  to  be  sent  to  the  upper  House  by  M'  Hunter  and  M' 
John  Swann 

Order'd  tiiat  M'  Samuel  Swann  M'  Hunter  M'  Blackball  M"  Sinclare 
Sir  Rich*  Everard  &  M'  Blount  do  prepare  and  bring  in  a  Bill  for  an 
Act  to  improve  the  Navigation  of  this  Province. 

Reported  by  Sir  Rich''  Everard  one  of  the  Commissioners  appointed 
to  revise  the  Laws  &c  a  Bill  for  an  Act  for  Encouraging  the  building  of 
Mills,  which  he  read  in  his  place  &  pass'd. 

Order'd  the  same  be  sent  to  the  upper  House  by  M"  Hunter  and  M' 
John  Swann. 

As  also  a  Bill  for  an  Act  concerning  the  Qualification  of  publick  Offi- 
cers &  a  Bill  for  an  Act  for  Ascertaining  Damages  on  protested  Bills  of 
Exchange  by  M'  Hunter  and  M'  John  Swann. 

The  House  adjourned  till  to  Morrow  Morning  9  of  the  Clock. 

Vol.  4—64 


506  COLONIAL  RECORDS. 


Saturday  the  16*  of  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment. 

M'  John  Swann  brought  in  a  Bill  for  an  Act  for  taking  part  of  the 
Countys  of  New  Hanover  &  Bladen  &  Erecting  by  the  Name  of  Bruns- 
wicke  Which  was  read. 

Order'd  the  same  lye  on  the  Table  till  Monday  next 

M'  Walton  brought  in  a  Bill  for  an  Act  to  Erect  a  County  Court 
House  and  Prison  in  the  County  of  Chowan  and  to  defray  the  expense 
of  building  the  same 

Order'd  the  same  lye  on  the  table  till  Monday  next 

M'  Scarbrough  mov'd  for  leave  to  bring  in  a  Bill  for  an  Additional 
Act  to  an  Act  Intituled  an  Act  for  providing  his  Majesty  a  Rent  Role 
&c  ....  To  appoint  a  longer  Time  than  mentioned  in  the  said  Act  for 
persons  to  Register  and  Audit  their  Lands. 

Order'd  he  have  leave  to  prepare  and  bring  in  the  same. 

Read  the  Petition  of  several  Masters,  Owners  of  Vessels  and  others 
in  these  words  Viz' 

North  Carolina 

To  the  Worshipfull  the  Speaker  &c.  The  humble  Pet"  &c.  Sheweth 

That  whereas  by  an  Act  of  the  Gen"  Assembly  of  this  Province  pass'd 
at  New  Bern  the  sixth  day  of  March  1738  Intituled  an  Act  for  facilitat- 
ing the  Navigation  of  the  several  ports  in  this  province  &c  (Inter  As) 
It  is  Enacted  that  the  Masters  or  Commanders  of  every  Vessell  or  Ves- 
sells  shall  pay  five  Shill'  for  every  Ship  or  Vessell  going  to  Roanoak  & 
Two  Shill'  &  sixpence  for  every  Ship  or  Vessell  going  to  Bath,  New 
Bern  or  Beaufort  for  every  foot  of  Water :  the  s*  Ship  or  Vessell  shall 
draw.  That  several  of  your  Pet"  in  Obedience  to  the  s*  Act  have  paid 
to  the  Receiv"  of  the  said  Impost  the  Sevei*"  Sums  by  the  said  Act 
imposed  and  thereby  and  therefrom  had  hopes  the  Navigation  for  the 
several  Vessels  to  the  Severall  Ports  therein  mentioned  from  Ocacock 
Inlett  &c  would  have  been  facilitated. 

But  now  so  It  is  altho  the  many  and  large  sums  rece"  by  Virtue  of 
the  said  Act,  since  the  passing  the  same  the  s''  Navigation  is  no  ways 
made  better  or  Easier  &  the  same  charge  for  Pilots  from  Ocacock  into 
the  Several  Rivers  and  &  Harbours  is  paid  by  severall  of  your  Pet'  as 
usual,  by  reason  whereof  Y"'  Petition'^  are  very  much  oppress'd 


COLONIAL  RECORDS.  50? 


Therefore  humbly  pray  this  present  Assembly  would  take  the  premises 
into  mature  Consideration  and  give  them  such  Relief  as  they  in  their 
wisdom  shall  think  meet. 

&  as  in  duty  bound  shall  pray     Signed 
HENRY  GULLIFER  '   WILL""  LISTER: 

JNO  ROGERS  SILVANIUS  CURTIS, 

BAZZILLA  FULGER,  JOHN  BRYAN 

NATH"  DRAPER  BENJ"  BOURDEN, 

CHARLES  ADAMS. 

His  Exeell"'^  the  Gov"^  laid  before  this  House  a  Copy  of  the  SS"*  Arti- 
cle of  his  Instructions  from  his  Majesty,  as  follows 

And  Whereas  it  is  highly  necessary  for  the  Wellfare  of  Carolina,  that 
a  Good  Understanding  should  be  maintained  with  the  Indian  Nations  as 
well  for  the  promoting  of  Trade  as  for  the  Security  of  the  Frontiers  of 
your  Government,  you  are  hereby  particularly  enjoyn'd  to  use  all  possi- 
ble ways  and  means  for  regaining  the  Aifections  of  the  s*  Indians  &  to 
preserve  a  good  Correspondence  with  such  of  them  as  remain  faithfull  to 
our  Interest  &  you  are  likewise  hereby  directed  to  recommend  in  the 
Strongest  Terms  to  the  Indian  Traders  to  be  Just  &  Reasonable  in  their 
dealings  with  the  Native  Indians  &  likewise  to  propose  to  the  Assembly 
if  you  and  our  Council  there  shall  Judge  it  necessary  to  pass  one  or  more 
laws  for  the  better  Regulation  of  the  s''  Indian  Traders  and  for  the 
encouragement  and  protection  of  such  Indians  as  shall  adhere  to  our 
Interest 

S'  Richard  Everard  mov'd  for  leave  to  bring  in  a  Bill  to  prevent 
Bribery  and  Corruption  in  Elections  and  other  purposes  therein  men- 
tioned. 

Order'd  He  have  leave  to  prepare  and  bring  in  the  same. 

S'  Rich''  Everard  one  of  the  Commiss"  appointed  to  revise  the  Laws 
in  this  province.  Reported  as  follows. 

A  Bill  for  an  Act  for  the  better  securing  Orphans  Estates.  Which  he 
read  in  his  place. 

Order'd  the  same  lye  on  the  Table. 

Rec''  from  the  upper  house  the  follow^  Bills  for  an  Act  for  prescribing 

the  manner  of  proving  Book  Debts for  Regulating  the  Militia  of 

this  Province for  Regulating  Ordinary's  &c for  appoint- 
ing Constables  &c To  prevent  the  abuse  of  Lawyers.  To  pre- 
vent the  taking  away  of  Boats  Canoes,  or  Pettiangers.  Concerning 
weights  &  measures,  for  appointing  Treasurers  in  the  several  Countys 
therein  mention'd.  Which  were  Endorsed  read  in  the  upper  House  and 
passed  with  Amendments. 

The  House  Adjourned  till  3  of  the  Clock  in  the  Afternoon. 


508  COLONIAL  EECORDS. 


The  House  met  according  to  Adjournment. 

The  House  Adjourned  till  Monday  morning  9  of  the  Clock 

Monday  the  18'"  of  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment. 

A  Bill  for  an  Act  for  prescribing  the  method  of  proving  Book  Debts. 
Ditto  for  an  Act  for  Regulating  Ordinary's. 

Ditto  for  an  Act  concerning  weights  and  measures. 

Ditto  for  an  Act  for  appointing  a  Treasurer  for  the  several  Counties 
therein  mentioned. 

Read  the  second  time  and  amended. 

A  Bill  for  an  Act  for  building  a  County  Court  House  &  Prison  in 
Chowan  County 

Read  the  first  time  and  sent  to  the  upper  House  by  M''  Castellaw  & 
W  Starkey. 

The  House  adjourned  till  two  of  the  Clock  in  the  Afternoon. 

The  House  met  according  to  Adjournment 

Read  the  Petition  of  several  of  the  Inhabitants  of  Bertie  County 
And  read  the  Petition  of  several  of  the  Inhabitants  of  Edgcomb  County 
&  Sent  and  referr'd  to  the  upper  House. 

Read  a  Bill  for  an  Act  to  ascertain  the  allowance  of  his  Majestys 
Council  &  the  Members  of  Assembly  of  this  Province.  The  first  time 
and  pass'd. 

Order'd  the  same  to  be  sent  to  the  upper  House  by  M'  Castelaw  and 
M'  Starkey. 

The  House  adjourned  till  tomorrow  9  of  the  clock. 

Tuesday  the  19'"  of  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment. 

M'  Maurice  Moore  produced  to  this  House  A  Bill  for  an  Act  for  rating 
commodities  &c  which  he  Read  in  his  place  &  was  sent  to  the  Upper 
House  by  M'  Bryan  &  M''  Caroon.  M''  Hill  mov'd  this  House  that  the 
Rev'*  M''  Holmes  might  be  allowed  a  Gratuity  for  the  several  Sermons 
he  preached  before  this  House  this  Sessions. 

Order'd  That  Forty  pounds  be  paid  out  of  the  publick  money  to  the 
s*"  M"  Holmes  for  such  his  Services.  And  that  a  message  be  sent  to  the 
upper  House  for  their  concurrence  which  is  as  follows. 

May  it  please  your  Honours. 

This  House  hath  ordered  forty  pounds  to  be  paid  to  the  Rev"  M' 
Holmes  for  the  several  sermons  preached  by  him  before  both  Houses  of 
Assembly  this  Session.  To  which  wee  desire  y'  Hon"  Concurrence. 


COLONIAL  RECORDS.  509 


Read  the  second  time  A  Bill  for  an  Act  for  Regulating  the  Militia 
which  was  amended  and  sent  to  the  upper  House  by  M'  Bryan  &  M' 
Caroon. 

M'  Montgomery  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  ascer- 
tain the  Bounds  between  Tyrell  Edgcomb  and  Beaufort  Countys. 

Order'd  He  prepare  and  bring  in  the  same 

Sent  to  the  upper  House  the  Bill  for  an  Act  for  the  better  Securing  of 
Orphans  Estates  &c  by  M'  Bryan  and  M'  Caroon. 

S'  Rich*  Everard  from  the  Comittee  of  Publick  Ace**  mov'd  that  the 
several  Treasurers  &  other  persons,  who  have  publick  moneys  in  their 
hands  &  have  not  appeared  pursuant  to  the  notice  given  them  tSi  settled 
their  respective  Ace"  with  said  Committee  may  be  sent  for  in  Custody. 
And  that  M'  Speaker  may  issue  his  warrant  accordingly. 

M'  Sam"  Swann  produced  a  Bill  for  an  Act  for  taking  part  of  the 
Counties  of  New  Hanover  &  Bladen  &  Erecting  a  distinct  County  out 

of  them   by  the  name  of  Brunswick Which  was  read & 

mov'd  the  same  might  pass was  put  to  the  Vote  &  by  a  Majority 

of  the  House,  Rejected. 

The  House  Adjourned  till  three  of  the  Clock  in  the  Afternoon 

The  House  met  according  to  Adjournment. 

M'  Castellaw  brought  in  a  Bill  for  an  Act  to  appoint  that  part  of  Ber- 
tie County  lying  on  the  S°  line  of  Roanoak  to  be  a  distinct  County  & 
parish  by  the  name  of  Edgcomb  County  &  parish  :  .  .  .  which  was  read 
pass'd  &  was  sent  to  the  upper  House  by  M'  Roberts  &  M.'  Bartram. 

The  House  adjourned  till  to  morrow  9  of  the  Clock. 

Wednesday  the  20'"  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment. 

Read  the  Pet"  of  the  Grand  Pannel  Summon'd  for  the  Court  of  Oyer 
&  Terminer,  the  ll*  day  of  Dec'  1739,  held  for  New  Hanover  County. 
Setting  forth  That  by  an  Act  pass'd  in  the  year  1729  The  County  Courts 
The  Election  of  Burgesses  Vestry  men.  Court  house  &  Goal  are  ap- 
pointed at  Brunswick  a  place  remote  the  River,  difficult  broad,  &  dan- 
gerous of  Access  for  the  Greatest  part  of  the  Inhabitants  of  s'^  County 
And  that  Newton  in  said  County  is  more  convenient  for  the  purposes 
aforesaid.  That,  at  the  last  Assembly  It  was  thought  Newton  was  the 
most  proper  place  for  the  Circuit  Courts  for  New  Hanover,  Bladen  & 
Onslow  Countys,  that  it  will  therefore  be  necessary  to  have  a  Court  house 
and  Goal  there,  and  if  those  may  Serve  also,  for  the  County  It  will  be 
saving  a  considerable  Charge  to  the  County  Praying  this  House  to 
take  the  premises  into  Consideration  &  Grant  Relief  &c 

Signed  108  OF  THE  INHABITANTS 


510  COLONIAL  RECORDS. 


M'  Montgomery  mov'd  &  was  seconded  by  M'  Bartrani  for  leave  to 
bring  in  a  bill  for  an  Act  pursuant  to  the  said  Petition  Order'd  that 
M''  Montgomery  &  M"'  Bartram  do  prepare  and  bring  in  the  same 

The  House  adjourned  for  Half  an  Hour. 

The  House  met  according  to  Adjournment 

M'  John  Dawson  one  of  the  Members  of  Bertie  County  appeared  took 
the  Oaths  by  Law  appointed  for  his  Qualification  subscribed  the  test  and 
took  his  seat  in  the  House  accordingly 

M'  Bartram  produced  to  this  House  a  Bill  for  an  Act  for  Erecting  the 
Village  called  Newton  in  New  Hanover  County  into  a  Town  &  Town- 
ship by  the  name  of  Wilmington  and  for  Regulating  &  ascertaining  the 
Bounds  thereof.  Which  was  read  and  sent  to  the  Upper  House  by  M' 
Roberts  and  M"'  Bartram. 

Rec"*  from  the  upper  House  a  Bill  for  an  Act  for  appointing  a  Treasu- 
rer for  the  several  Countys  therein  mentioned  in  the  Room  of  W™  Down- 
ing elected  with  Amendments. 

Rec*  from  the  upper  House  a  Bill  for  an  Act  for  building  a  County 
Court  house  &  Prison  in  Chowan  County  and  a  Bill  for  an  Act  to  ascer- 
tain the  allowance  of  his  Majestys  Council  &  Members  of  Assembly  of 
this  Province.  And  a  Bill  for  an  Act  for  Regulating  Ordinaries  &c.  .  .  . 
also  a  Bill  for  an  Act  prescribing  the  Method  of  proving  Book  Debts, 
with  Amendments. 

Read  the  follow^  Bills  for  Acts  First  to  ascertain  the  allowance  of  his 
Majestys  Council  &c.  ...  to  prevent  the  taking  of  Boats  Cannoes  & 
Pettiangers  &e.  .  .  And  sent  them  to  the  upper  House  by  M'  Roberts 
&  M.'  Bartram. 

Received  from  the  upper  House  a  Bill  for  an  Act  for  the  better  ascer- 
taining the  Fees  for  the  Sever"  Officers  in  this  Province. 

Read  a  Bill  for  an  Act  to  appoint  Constables  &c  the  second  time  &  sent 
to  the  upper  House  by  M""  Abra  Blackhall  and  M'  Smithwick. 

Read  a  Bill  for  an  Act  for  the  better  observing  &  keeping  the  Lords 
day  &c  the  second  time  &  pass'd  &  sent  it  to  the  Upper  House  by  M' 
Blackhall  &  M'  Smithwick 

Read  a  Petition  of  Francis  Singfield  &c  Praying  the  ferry  over  Nuse 
River  to  &  from  his  House  might  be  continued  as  usually. 

M'  Sinclare  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  pursuant  to 
said  Petition  &  Prayer.  Order'd  that  he  have  leave  &  that  he  prepare 
&  bring  in  the  same 

The  House  adjourn'd  till  3  of  the  clock  iu  the  Afternoon 


COLONIAL  RECORDS.  511 


The  House  met  according  to  Acljonrnraent. 

M'  Rigby  mov'd  for  leave  to  bring  in  a  Bill  for  an  Act  to  oblige  the 
Inhabitants  of  Bath  Town  to  clear  and  keep  clear  the  Streets  of  s'*  town 
&  that  the  Inhabitants  may  be  exempt  from  working  on  the  Publick 
Roads  &c. 

Order'd  he  prepare  and  bring  in  the  same. 

The  House  resolved  into  a  Committee  of  the  whole  House  to  debate 
on  several  clauses  in  the  Fee  Bill. 

After  some  time  spent  therein  M'  Speaker  resumed  the  chair 

M^  Chairman  reported  that  the  several  Matters  in  the  s''  Bill  were 
debated  .&  fully  understood  and  that  they  thought  necessary  to  make 
several  amendments  therein.     To  which  the  House  concurr'd 

The  House  adjourn'd  till  tomorrow  morning  9  of  the  clock. 

Thursday  21"  of  Feb'^  1739.  [1740]  The  House  met  according  to 
Adjournment 

M'  Geo  Bould.  mov'd  for  leave  to  bring  in  a  Bill  for  au  Act  for  the 
better  regulating  the  Town  of  New  Bern 

Order'd  M'  Roberts  and  M'  Bould  prepare  and  bring  in  the  same 

Sir  Rich''  Everard  mov'd  that  a  message  lie  sent  to  the  upper  House 
requesting  they  would  be  pleas'd  to  pass  &  send  to  this  House  the 
Bill  for  an  Act  for  Rating  the  Commoditys  &c  which  was  sent  to  them 
by  this  House  the  19*  instant 

Sir  Rich"  Everard  mov'd  that  the  Bill  for  an  Act  for  the  better  ascer- 
taining the  Fees  for  the  several  Officers  in  this  Province  do  lye  on  the 
Table  till  the  Bill  for  an  Act  for  rating  the  Commoditys  &c  be  sent  from 
the  upper  House  to  this  House. 

Order'd  the  said  Bill  lye  on  the  Table  pursuant  to  the  said  motion. 

Sent  the  following  message  to  the  upper  House. 

May  it  please  your  Honours 

This  House  Request  Your  Honours  would  be  pleased  to  send  them 
the  Bill  for  an  Act  for  Rating  Comoditys  which  was  sent  to  you  the 
19*  Instant  by  Sir  Rich*  Everard  Bar'  &  .In"  Montgomery  Esq" 

Read  the  Petition  of  John  Reed  &c  Praying  to  be  exempt  from  all 
Publick  Dutys  and  Levys     The  same  Granted 

Rec*  from  the  upper  House  a  Bill  for  an  Act  for  Erecting  the  Village 
call'd  Newton  in  New  Hanover  County  into  a  Town  &c  ....  and  a 
Bill  for  an  Act  for  Rating  the  Commoditys  &c 

Read  the  Bill  for  an  Act  for  prescribing  the  method  of  proving  Book 
Debts  ....  &  a  Bill  for  au  Act  for  appointing  a  Treasurer  for  the 
several  Counties  &c. 


612  COLONIAL  RECORDS. 


Sent  them  to  the  upper  House  by  M'  Sinclare  &  M'  Peyton. 

Rec'*  from  the  upper  House  a  Bill  for  an  Act  for  Regulating  the 
Militia  of  this  province  with  Amendments. 

Read  the  second  Time  and  sent  to  the  upper  House  the  follow*  Bills 
....  fqf  an  Act  for  building  a  Court  House  and  prison  in  Chowan 
County  ....  for  an  Act  for  Erecting  the  Village  call'd  Newton  in  New 
Hanover  County  into  a  Town  and  Township  &c.  by  M"'  Sinclare  &  M' 
Peyton. 

The  House  adjourned  till  3  of  the  Clock  in  the  afternoon 

The  House  met  according  to  Adjournment. 

Read  the  Petition  of  Dugald  M°Neal  &  Cole  M°Alister  in  behalf  of 
themselves  and  others 

Resolved  :  That  this  House  will  concur,  as  far  as  lyes  in  their  power 
to  give  Encouragement  to  the  Petition. 

And  that  a  Message  be  sent  to  the  upper  house  as  follows 

May  it  please  your  Honours 

The  House  having  read  the  Pet"  of  Dugald  McNeal  &  Cole  M'Alister 
in  behalf  of  themselves  and  others  the  Petition  we  herewith  send  you  to 
which  wee  refer  and  have  Resolved  to  concur  with  your  Honours  as  far 
as  lyes  in  our  power  to  give  such  Encouragement  to  the  Petitioners  as 
you  shall  think  proper. 

Rec*^  from  the  upper  House  a  Bill  for  an  Act  prescribing  the  method 
for  proving  Book  Debts  and  a  Bill  for  an  Act  appointing  a  Treasurer  in 
the  several  countys  &c  and  a  Bill  for  an  Act  for  Erecting  the  Village 
called  Newton  in  New  Hanover  County  into  a  Town  &  Township  &c 
and  a  Bill  for  an  Act  for  building  a  County  Court  House  aud  Prison  in 
Chowan  County. 

M'  Rigby  produced  a  Bill  for  an  Act  for  the  more  effectual  Establish- 
ing a  publick  ferry  from  Bath  Town  to  Core  point  on  Pamplico  River 
and  for  preventing  any  other  ferry  within  Ten  miles  of  the  said  Town 
of  Bath  on  the  same  side  of  the  River  which  he  read  in  his  Place. 

Order'd  the  same  to  be  sent  to  the  upper  House  by  John  Montgomery 
Esq'  and  M"'  Craven. 

John  Montgomery  Es(]"  brought  in  a  Bill  for  an  Act  for  ascertaining 
the  Boundary  lines  between  Tyrrell  Beaufort  and  Edgcomb  Countys, 
Which  he  read  in  his  Place. 

Order'd  the  same  be  sent  to  the  upper  House  by  .John  Montgomery 
Esq"  and  M'  Craven. 

M'  Craven  bro'  in  a  Bill  for  an  Act  for  confirming  Titles  to  the  Town 
Lands  of  Edentou  for  Securing  the  priviledges  heretofore  granted  to  the 


COLONIAL  RECORDS.  513 


s''  Town  &  for  Further  Encouragement  &  better  regulation  thereof,  which 
He  read  in  his  place  &  was  sent  to  the  upper  House 

Read  a  Bill  for  an  Act  to  appoint  that  part  of  Bertie  County  lying  on 
the  South  side  of  Roanoak  River  &c  and  was  sent  to  the  upper  House. 

Read  a  Bill  for  an  Act  to  exempt  the  Inhabitants  of  Bath  Town  from 
working  on  the  Publick  Roads  and  to  Oblige  the  Inhabitants  of  s''  Town 
to  Clear  and  keep  Clear  the  Streets  of  the  s''  Town  And  was  sent  to  the 
Upper  House 

M'  Speaker  mov'd  the  Two  Bills  sent  from  the  Upper  House  might 
be  Engrossed  Viz'  A  Bill  for  an  Act  prescribing  the  Method  of  proving 
bad  Debts:  A  Bill  for  an  Act  appointing  a  Treasurer  in  the  sev"  Coun- 
tys  &c 

Resolved  the  same  to  be  Engrossed. 

The  House  adjourned  till  tomorrow  morning  9  of  the  clock 

Friday  the  22"*  of  Feb'^  1739.  [1740]  The  House  met  according  to 
Adjournment. 

Sent  to  the  Upper  House  the  following  Bills. 

First  for  an  Act  for  Establishing  the  Church  &c :  A  Bill  for  an  Act 

for  ascertaining  the  Fees  for  the  sev"  Officers  in  this  Province for 

an  Act  for  rating  Commoditys 

The  House  adjourned  till  3  of  the  clock  in  the  aiternoou 

The  House  met  according  to  Adjournment. 

Resolved :  that  the  Members  of  the  several  Countys  In  this  Province 
do  lay  before  this  House  a  list  of  all  the  freeholders  in  their  Respective 
Countys  That  they  may  be  added  to  the  former  list  of  Jurymen. 

The  House  adjourned  till  tomorrow  9  of  the  clock. 

Saturday  the  23'*  of  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment 

Read  the  Bill  for  an  Act  for  Erecting  the  Village  called  Newton  in 
New  Hanover  County  &c  .  .  .  .  And  a  Bill  for  an  Act  for  building  a 
Court  House  and  Prison  in  Chowan  County  And  sent  them  to  the  upper 
House. 

The  House  adjourned  till  3  of  the  clock  in  the  afternoon 

The  House  met  according  to  adjournment. 

Read  the  petition  of  Hannah  Charles  &c  Praying  herself  and  a  Negro 
belonging  to  her  be  exempt  from  all  Dutys  &  Levys  &c.  The  same 
Granted 

The  House  adjourned  till  Monday  9  of  the  clock 

Vol.' 4— 65 


514  COLONIAL  RECORDS. 


Monday  the  25"'  of  Feb'^  1739.  [1740]  The  House  met  according  to 
Adjournment 

S'  Rich''  Everard  one  of  the  Commiss"  appointed  to  Revise  the  laws 
in  force  &c  Reported  as  follows 

A  Bill  for  an  Act  for  Liberty  of  Conscience :  A  Bill  for  an  Act  direct- 
ing the  manner  of  granting  for  probates  of  Wills  &e  .  .  .  .  A  Bill  for  an 
additional  Act  to  an  Act  for  providing  Indiiferent  Jurymen  in  Causes 
Civil  and  Criminal  &c. 

Order'd  they  lye  on  the  Table. 

Resolv'd  that  the  several  County  Treasurers  in  this  Province  pay  Bur- 
gesses wages  &  all  such  claimes  as  shall  be  allowed  of  by  this  House  by 
a  Warrant  from  his  Excellency  to  them  directed. 

Ordered  that  a  Message  be  sent  to  the  Upper  House  as  follows 

May  it  please  your  Honours 

This  House  having  resolved  that  the  County  Treasurers  pay  Burgesses 
wages  and  all  claims  that  shall  be  approv'd  of  by  both  Houses  out  of  the 
Pole  Tax  &  Lone  Money  in  tlieir  hands  by  a  Warr*  from  his  Excellency 
the  Govern"'  to  them  or  either  of  them  directed  To  which  we  desired  your 
Hon"  concurrence 

Resolv'd  that  the  Commiss"  for  revising  the  Laws  to  the  S''ward  be 
paid  the  Sum  of  five  hundred  pounds  for  their  service  and  that  the  fol- 
lowing Message  be  sent  to  the  LTpper  House  for  their  concurrence 

May  it  please  your  Honours 

This  House  hath  resolved  to  allow  Edward  Moseley  Esq"  S'  Rich* 
Everard  Baron'  M'  Sam"  Swann  &  M'  John  Swann  four  of  the  Com- 
miss" appointed  the  last  Assembly  to  Revise  the  Laws  of  this  Province 
the  sum  of  five  hundred  pounds  for  the  said  service. 

To  which  wee  desire  your  Honours  concurrence. 

Order'd  that  the  Commiss"  appointed  to  the  N°ward  to  Revise  the 
Laws  of  this  Province  Viz'  William  Smith  Esq"  John  Montgomery 
Esq"  John  Hodgson  Esq"  &  M'  Joseph  Anderson  do  lay  before  this 
House  the  laws  they  have  revised  the  next  session  of  Assemblys 

Resolved  the  several  County  Treasurers  Issue  no  more  Loan  Money 
and  that  the  several  County  Treasurers  collect  tiie  Pole  Taxes  that  are 
now  due  in  their  several  Countys  as  the  Law  Directs 

Ordered  that  a  message  be  sent  to  the  Upper  House  as  follows 

May  it  please  your  Honours 

This  House  having  resolved  that  the  Several  County  Treasurers  Issue 
no  more  Loan  Money  on  Interest  than  what  they  have  already  let  out, 


COLONIAL  RECORDS.  515 


and  that  the  Several  County  Treasurers  collect  the  Pole  Taxes  now  due 
in  their  several  Countys  as  the  Law  directs  desire  your  Honours  concur- 
rence 

Resolved  that  all  Moneys  taken  by  the  officers  for  Collecting  the 
Duty  on  all  Vessells  coming  into  the  Several  Ports  &  Rivers  in  this 
Province  according  to  their  Several  draughts  of  Water  shall  be  taken 
at  4  for  One  &  all  Officers  who  have  taken  any  more  shall  refund 
the  same  to  the  several  persons  from  whom  it  was  taken 

Ordered  that  the  following  Messages  be  sent  to  the  Upper  House 

May  it  please  your  Honours. 

This  House  having  resolv'd  that  all  the  Moneys  taken  by  the  Officers 
for  collecting  the  Duty  on  all  vessells  coming  into  the  Sevei-"  ports  and 
Rivers  in  this  Province :  according  to  their  several  draughts  of  Water 
shall  be  taken  at  4  for  one  and  all  Officers  who  have  taken  any  more 
shall  refund  the  same  to  the  several  persons  from  whom  it  was  taken 
desire  your  Honours  concurrence 

Sent  by  M'  Sinclare  and  M'  Bould 

The  House  adjourned  till  three  of  the  Clock  in  the  afternoon. 

The  House  met  according  to  Adjournment 

Rec''  from  the  upper  House  the  bill  for  an  Act  for  erecting  the  Vil- 
lage of  Newton  in  New  Hanover  County  into  a  Town  &  Township  by 
the  Name  of  Wilmington  &c 

Order'd  the  same  be  Engross'd 

His  Excell"^  the  Gov'  sent  a  Message  to  this  House  commanding  their 
immediate  Attendance 

M'  Speaker  with  the  House  waitetl  on  his  Excell"^  the  Gov'  &  pre- 
sented the  following  Acts  Viz'  An  Act  prescribing  the  method  of 
proving  Book  debts,  An  Act  for  appointing  a  Treasurer  for  the  several 
Counties  therein  mentioned,  An  Act  for  Erecting  the  Village  called 
Newton  in  New  Hanover  County  into  a  Town  &  Township  by  the 
Name  of  Wilmington  &  for  Regulating  &  ascertaining  the  Bounds 
thereof  which  were  read  three  times  in  open  Assembly  and  compared : 

To  which  his  Excellency  assented  &  ordered  the  great  Seal  of  the 
Province  to  be  affixed  thereto  ; 

Then  his  Excel?''  was  pleased  to  Order  this  House  to  Return  and 
proceed  on  further  Business. 

Resolve<l  that  the  following  list  of  Jurymen  now  produced  to  this 
House  be  added  to  the  former  List  Viz' 


.-)16 


COLONIAL  RECORDS. 


Thomas  Ward 
W°  Haughton  J 
Ja°  P^gerton 
David  Haughton 
John  Rousom 
Jacob  Butler 
Thomas  Jones 
Hender'""  Siston 
Will"  Benburv 
Jn"  Harlow 
Jn°  Walbutton 
Frances  Penrice 
W-"  Wilkins 
Will"  Hoskins 
John  Kelly 
Mich"  Slaughter 
Jo°  Anderson 
Tho=  Stevens 
W"  Arkill 
John  Jones  Jn' 
Henry  Jones 
Thomas  Luton 
Rob'  Fullington 
James  Fullaw 
John  Lewis 
Peter  Adams 
Will"  Handing 
Lodowick  Mester 
Sam"  Laban  Plumer 
David  Ambrose 
Edward  Champion 
John  Wallace 
Tho'  Roundtree  Sen' 
John  Ward  Jun' 
John  Goodwin 
Michael  Brinkley 
Ralph  Outlaw 
John  Freeman 
Rich''  Freeman 
Thomas  Spivey 


FOR   CHOWAN   COUNTY. 

Joseph  Ming 
Thomas  Haughton 
Nath"  Ming 
John  Faulconer 
Thom'  Everton 
Edward  Lester 
John  Vail 
John  Blount 
John  Benbury 
John  Taylor 
Luke  Gregory 
Thomas  White 

W"  Stacey 
John  Mitchener 
John  Richards 
James  Trotter 
Thomas  Blount 
Tho'  Jones  Sen" 
George  Lisles 
John  Jones  Sen"' 

W"  Jones 

W^"  Luton 

Jacob  Print 

W"  Wilson 

W"  Lisles 

Thomas  Jones  Jn' 

Humplirey  Robinson 

Gabriel  Casand 

James  Craven 

Jacob  Powell 

Thomas  Hoskins 

John  Parker 

Charles  Roundtree 

Thomas  Ward 

George  White 

John  Champion 

Michael  Ward 

Will"  Freeman 

Tho'  Herri  ngton 

Jacob  Spivey 


W"  Haughton 
Joshua  Haughton 
David  Butler 
Thomas  Faulconer 
Rich''  Haughton 
Tho°  Robinson 
John  Halsey 
Rich''  Fraizure 
Thomas  Collins 
John  Silney 
John  Penrice 
John  Wilkins 
Abr"  Jones 
Miles  Gale 
Peter  Pain 
John  Bonnor 
James  Blount 
Peter  Young 
Thorn'  Luton 
Jo*  Champin 
W"  Fillaw 
Will"  Lewis 
Edw"  Howcutt 
Orlando  Champin 
Henry  Lisles 
Humphrey  Garrott 
John  Hodgson 
Abra  Blackball 
John  Montgomery 
Luke  White 
Ja'  Farlee 
Tho'  Garrett 
John  Ward  Sen"' 
John  Alston 
Tho'  Ward  Turner 
Thom'  Wallace 
Thom'  Walton 
Thorn'  Freeman 
Benj"  Spivey  Sen"' 
Charles  Campbell 


COLONIAL  RECORDS. 


517 


Henry  Hill 
Benj'  Blancliard 
Moses  Hill 
Walter  Phelps 
Charles  Deal 
Martin  Hurdle 
Will-"  Reddick 
Thomas  Norris 
Jo'  Vann 
John  Adam 
Edward  Hare 
John  Thomas 
Titus  Jones 
Sam"  Harrold 
Abraham  Hill 
Ja"  Costan 
Robert  Lassiter 
John  Lassiter 
Lewis  Bond 


Benj*  Simpson 
John  Pratt 
John  Matheds 
Jos  Parker 
Abra"  Warren 
John  Stepney 
Jo"  Ashley 
Joshua  Deal 
Samuel  Bonnes 
Joseph  Steward 
John  Moore 
M'rora  Scarborouo-h 
Sam"  Moore 
Ja'  Sitterson 
Jon"  Sharrard 
Henry  Lamb 
Phillip  Piorey 
Roger  Kennion 
Edw*  Maudlin 
Rich''  Wood 


Will"  Hill 
Thomas  Hobbs 
Henry  Baker      [Creek 
Jas  Wilson  Burmoto 
John  Rice 
Will"  Daniel 
Henry  Guston 
Alex'  Oliver 
Abra  Adam  Sen' 
Andrew  Ross 
Moses  Hare         > 
Rob'  Thomas 
Will"  Walton 
Will"  Rice 
William  Speight 
Will"  Walton  Jun' 
Moses  Lassiter 
Gabriel  Lassiter 
Henry  Bond 

FOR    PEQUIMONS    COUNTY. 

Samuel  Gregory 
Joshua  Pratt 
Jer  Pratt 
Nath"  Carruthers 
Will"  Wyatt 
Thomas  Callaway 
William  Long 
Edward  Harris 
Sam"  Standing 
Abra  Jennet 
Samuel  Hall 
Robert  Moore 
Zach°  Chancey 
John  Creasey 
David  Taylor 
John  Hollo  way 
John  Lilley 
Arthur  Barton 
John  Wedbee 
Abr"  Mullen  Jun'' 


Aaron  Blancliard 
Moses  Roundtree 
James  Hinton 
John  Brinkley 
Nath"  Williams 
W"  Hughs 
W"  Hays 
Will"  Vann 
Jacob  Adam 
Chas  King 
Ephraim  Hunter 
Will"  Jones 
Will"  Hunter 
John  Jones 
James  Folks 
Rich''  Bond 
John  Measles 
James  Browne 


Thomas  Ming 
W"  Halsey 
Francis  Parker 
Ja'  Carruthers 
Thomas  Long 
Jo'  Callaway 
Rich*  Wallis 
Henry  Hall 
Thomas  Norsom 
Ralph  Doe 
Cabel  Callaway 
John  Moore  Jun' 
Zach'  Elton 
John  Harman 
Christ"  Armton 
James  Field 
Frances  James 
Ja'  Morgan 
Rich''  Robins 
Isaac  Mullen 


518 


COLONIAL  RECORDS. 


Ja°  Parishee 
Jn°  Bateman 
Will"  Bateman 
Sam"  Swann 
John  Stevenson 
Juley  Williams 
Ja'  Foster 
Jno  Parrish 
David  Hufton 
Thom'  Weeks 
Robert  Cox 
John  Blitchenden 
Edward  Rice 
Dan"  Roquson 
William  Price 
Simon  Stallings 
Thomas  Davis 
Rich^  Harrell 
George  Eason 
Sam"  Green 
John  Gordon 
John  Powell 


Joseph  Perrishee 
Thomas  Holloway 
Geo  Snowden 
Rich*  Whedbee 
Anth"  Hatch 
Jolin  Barclift 
Albert  Albertson 
Jn°  Barclift  Sen' 
Edward  Turner 
Lolo  Hendrix 
Joseph  Barclift 
Luke  Bonds 
Thom'  Lilly 
Jo'  Reddick 
Nich"  Stallings 
Thomas  Dootou 
Moses  Davis 
Will-"  Scott 
Rich*  Pierce 
Jo'  Reding 
Jehu  Harris 
James  Sumner 
Mich"  Brinkley 


Clement  Hall 
W"  Snowden 
Christian  Reed 
Jn°  Wilcox 
Will"  Laden 
Jos"  Barclift 
Will"  Tomlin 
Thomas  Stafford 
Nath'  Gordon 
Henry  Raper 
Thom'  Blitchenden 
Sam"  Bonds 
John  Reddick 
Rob'  Reddick 
Elias  Stallings 
Jacob  Dooton 
John  Boyce 
Thomas  Eason 
Isaac  Speight 
Jo'  Reding  J' 
Marma"""'  Norfleet 
Thom^  Wiggens 


Gabriel  Bnrnham 
Will"  Upton 
John  Davis 
Caleb  Sawyers 
John  Pugh 
Dan"  Cowen 
Thomas  Upton 
Rob'  Morgan 
Caleb  Graudy 
Christ"  Williams 
Tho'  Faircliff 
Griffith  Gray 
John  Sol  ley 
Cor:  Relf 
Geo:  Caroon 
Rich''  Gregory 


PASQUOTANK   LIST   OF 

Richard  Forgal 
Rob'  Edney 
John  Burnham 
Thom'  Sawyer 
John  Relf  J' 
Caleb  Cowen 
Edw"  Upton 
Jo'  Morgan 
Cha'  Grandy 
Miles  M'Daniel 
Daniell  Sawyer 
Saunders  Spence 
Abel  Rose 
Will"  Gregory 
Jacob  Gregory 
Sam"  Barkett 


JURYMEN. 

John  Jones 
John  Lachary 
J""  Ivey 
Jer  Murden  J' 
Cha'  Sawyer 
Lodowick  Williams 
Evan  Surrey 
TKora'  Grandy 
Ja°  Williams 
Ja'  M'Daniel 
Benj°  Sawyer 
Hezek""  Butterworth 
Griffith  Jones  J'' 
Cor:  Jones 
Sampson  Gregory 
John  Bell 


COLONIAL  RECORDS. 


519 


Will"  Seaborn 
Edward  Jones 
Will"  Bell 
Jolin  Beals 
John  Thorksey 
Jacob  Guilford 
Jno  Guilford 
Jacob  Pool 
Tlu/  Twiddy 
Dan"  Jackson 
W"  Turner 
Tho'  Commander 
Earth"  Evans 
Oliver  Salter 
Jo'  Armour 
Jo'  Pendleton 
Rich"  Gray 
Jn"  M°Keel 
Tho'  Armour 
Cha'  West  Sen' 
Rob'  Palmer  Jnn' 
Jos  Lambrosia 
David  George 
Jer  Chancy 
Henry  Palin 
W"  Davis 
Jonathan  Hibbs 
W"  Simpson  Jun' 
Sara"  Pritchard 
David  Pritchard 
Jn°  Davis  Sen' 
Edw*  Wharton 
Job  Nichols 
'Jn"  Richardson 
Rob'  Cartwright 
Jer  Murden  Sen"' 


Ja'  Gregory 
Rob'  Sanderlin 
Job  Gregory 
Jacob  Beals 
Thom'  Thorksey 
Tho'  Merviday 
John  Bailey 
Jn°  Nelson 
Sam"  Jackson  Jun' 
Solomon  Pool 
BeHJ"  Symmons 
Jer.  Symons 
Timothy  Meads 
John  Peggs 
Tho'  Armour 
John  White 
John  Gary 
Thorn'  M'Keel 
Anth°  Markham 
Jer  Wilcox 
Jn°  Hosea 
Zachariah 
Tho'  Woodley 
W"  Hickson 
Thom'  Palin 
Jo'  Reading 
Edw"  Scott 
Thom'  Smithson 
Rich"  Pritchard 
Tho'  Sawyer  Jun' 
Tho'  Davis 
John  Winlmry 
Will"  W^xrd  " 
Steph"  Richartlson 
W"  Williams  Sen' 
Abr"  Davis 
Joshua  Sawyer 


Jn'  Sanderlin  J' 
Jo'  G(jdfrey 
W"  Furbush 
Rob'  Thorkskey 
Jos  Guilford 
Lath"  Parsley 
Cha'  Taylor 
Sam"  Jackson  Sen' 
Zach'  Jackson 
Patrick  Pool 
John  Davis 
Simon  Bryan 
Thorn's  Meads 
W"  Winbury 
The'  Pendleton 
Jn°  Boyd 
Benj"  Marskey 
Thom'  James 
Rob'  Barnett 
Ja°  Bassuck 
Rob'  Hosea 
Jn°  Jennins 
W"  Brothers 
W"  Brothers 
Jon"  Reading 
Sam"  Reading 
Moses  Cartwright 
Tho'  Kersey 
John  Harris 
W"  Weymouth 
Jacob  Albert 
Henry  Nichols 
Ja'  Greaves 
Tho'  CartwTight 
Owen  Rees 
David  Davis 


t'UKEITUCK    LIST    OF    .n'RYMEX. 

•Jos  Sanderson  Thomas  Parker  Mich"  O  Neal 

Timothy  Ives  Jn°  Woodhouse  Tho'  Sanderson 

Tho'  Sum'  Jo'  Sanderson  J'  Peter  Luts 


520 


COLONIAL  RECORDS. 


Edw*  Litchfield 
Jonathan  Jarvis 
Samson  Etheridge 
Jo'  Sewing 
Marma'^'"''  Savile 
Ja'  Lowell 
Benj"  Beasley 
Evan  Jones 
Bullock  Symons 
Robert  Symons 
Benoin  Heath 
Riciiardson  Mors 
W"  Rawlinson 
Zekiah  Farrow 
Jn°  Neal 
Isaac  Davis 
William  Lee 
Jn°  Etheridge 
Sam'  Loe 
Rich''  O  Dowdy 
Robert  Overton 
John  West 
J  no  Armstrong 
Dan"  Dockeles 
Rich"*  Bradley 
Willow"^  Merchant 
Ja'  Baker 
David  Jones 
Jo'  Persons 
Joshua  Creason 
Rich''  Fenton 
John  Perkins 
John  Crabb 
John  Pell 
Rich''  Fanshaw 
Jn°  Carooii 
Tho'  Parker 
Jas  Parker 
Evan  Miller 
Rob'  Bell 
Tho'  Lowther 


Peter  Boom 
Henry  Jarvis 
Adam  Etheridge 
Geo  Paul 
Rob'  Paul 
Math'  Fowler 
W"  O  Dowdey 
Patrick  Jones 
Rich''  Jones 
Co'  Jones 
Jn"  Heath 
Geo  Turner 
Jn°  Whittby 
Jacob  Farrow 
Hanson  Brite 
Will-"  Scott 
Thomas  Davis 
Nehemiah  Heath 
W"  Williamson 
Sam"  Brite 
Sam"  Berry 
Thorn'  Cox 
Moses  Linton 
Parker  Swindel 
Jn°  Buckner 
Henry  Gibbs 
Stephen  Emery 
Sam"Silbey 
Jas  Phillips 
Peter  Dange 
Will"  Parker 
Will'"  Parr 
Moses  Fanshaw 
Sam"  Jarvis 
Rich''  Jarvis 
Will"  White 
Jno  Williams 
Jos  Bowi-in 
Benj'  Howell 
Peter  Poyner 
Stephen  Williams 


Henry  Woodhouse 
Tho'  Russell 
Jo'  Applestole 
John  Tillett 
Rob'  Paul  Jun' 
Dan"  O  Dowdey 
W"  Mackey 
Thom'  Dudley 
Thom'  Legatt 
Rich''  Wicker 
Dennis  Caps 
W"  Rawlings 
Job  Carr 
Thomas  Neal 
Tho'  Moncrieff 
Dan"  Phillips 
Dan"  Lee 
Cha"  Brunt 
Ja'  Nichols 
Jn"  Linton 
Benj'  Bennett 
Lemuel  Brite 
Owen  Dockeles 
George  Powers 
Lewis  Jenkins 
Waitmen  Emery 
Sam"  Slow 
Tho'  Rabb 
W"  Glascus 
Peter  Parker 
W"  Fiwell 
Wallis  Bray 
Tho'  Moree 
David  Logatt 
Timothy  Eldridge 
Luke  White 
Josias  Nicholsou 
Jno  Hughs 
Edward  Taylor 
Gilbert  Portwood 
Otho  Holland 


COLONIAL  RECORDS. 


521 


W"  Surrey 
Jacob  Carooii 
Jer  Stephens 
Samuel  Symons 
Caleb  Merchant 


Ja'  Poyner 
Rich""  Gregory 
Jer  Mercer 
Andrew  Pravat 
Solomon  Bennett 
Charles  Reynolds. 


BERTIE    &    EDGECOMB    LIST    OF 


Thomas  Jenkins 
James  Castelaw 
Jn°  Peacock 
Rich^  Rayley 
Nath'  Jones 
Jn°  Tiner 
W"  Priger 
Rob'  Williams 
Jn°  Worrell 
Benjamin  Hill 
Thomas  Ganey 
James  Denton 
Samuell  Thomas 
Geo  Downing 
Dan"  Dickinson 
John  Battail 
Jos  Lane 
Edw"  Harrell 
Ab^  Harrell 
W"  Turner 
Ja'  Harrell 
Joses  Harrell 
Jn°  Hineard 
Jn°  Wiggins 
W"  Johnson 
VV"  Hines 
Owen  Ryal 
Tho=  Bell 
Osborn  Jefferys 
Ja°  Barnes 
Jon'  Tart 
Rich"  Williams 
Tho'  Barefield 

Vol.  4—66 


Jos  Hardy 
Archibald"  Bell 
Jn°  Taylor 
Nicli  Tiner  j' 
Carolus  Anderson 
Jas  Tiner 
Tho»  Wall 
Tho°  Home 
Jn°  Colson 
Thom'  Green 
Jo'  Scott 
W""  Vincent 
James  Bryant 
Mathew  Mashbuni 
Jn°  Browne 
John  Brown 
Marma""'''  Kimbrele 
Owen  M'Daniel 
Titus  Moore 
Thomas  Harrell 
Sam"  Harrell 
W"  Churchwell 
Pat  Carr 

Petty*"'"  Saleshury 
Cha'  Morett 
John  Carroll 
John  Harrell 
Jn°  Hilliard 
Sam"  Ruffen 
W"  Wilson 
Ja'  Tart 
Tho'  Williams 
John  Page  j' 


Ja'  Moscer 
Sol°  Jarvis 
Solo"  Etheridge 
Cadan  Merchant 
Willis  Miller 


JURYMEN 

Jn°  Edwards  Jun' 
Will"  Boon 
Arthur  Sherrard 
W"  Eldridge 
John  Dowberry 
Isaac  Rice 
Jo'  Pearson 
Sam"  Williams 
Arthur  Williams 
Moses  Moore 
Leon*  Laugston 
Thom'  Futtrell 
Joel  Newson 
Isaac  Parker 
Moore  Carter 
Hugh  Horton 
Jno  Yelverton 
Jacob  Harrell 
Edw*  Harrell  j' 
Henry  Everard 
Moses  Taylor 
Geo  House 
Sam"  Gunner 
Phil  Pearce 
Rob'  Hines 
Joseph  Harrell 
Tho'  Andrews 
W"  Hilliard 
Rob'  Ruffen 
Will"  Collen 
Jn°  Harrell  j' 
Tho'  Andrews 
John  Page  Sen' 


522 


COLONIAL  RECORDS. 


Cador  Powell 
W"  Barefield 
Tho'  Bradford 
Will""  Arnold 
Evan  Raglin 
Edw*  Roberts 
Alfrede  Ashley 
Jno  Bird 
Geo  Lockheart 
Edw*  Bird 
Phill  Walston 
Jno  Bell 

Arthur  Williams 
Thorn'  Lee 
W"  Rasbery 
Jos  Howell 
Thos=  Whitwell 
Sam"  Herring 
Henry  Home 
W"  Ruffen 
W"  Whitfield 
Jn°  Harrell  sen"' 
Need  ham  Bryan 
W"  Moore 
Nath  Williams 
Simon  Turner 
W"  Jordan 
Dan"  Ogwin 
Ja"  Lassiter 
Tho'  Vincent 
Jas  Hutchinson 
Richard  Pace 
Sam"  Buxton 
Benj*  Duke 
Will"  Boon 
Will""  Bennett 
Jno  Boddice 
W"  Cathcart 
Andrew  Erwin 
Phill  Thomas 
JaS  Guy 


Epa  Moore 
Ja°  Rutland  Sen' 
Nat  Norwood 
Rob'  Gates 
Ja'  Brown 
Jn°  Harsell 
Tho'  Sutton 
Jn°  Holbrook 
Jno  Aires 
Mich"  King 
Andrew  Thompson 
Tho'  Bryan 
Jno  Wynn 
Jno  Vanpelt 
John  Rasbery  Sen' 
Jno  Howell  Ju' 
Jno  Gray 
Jno  Cotton 
Tho'  Hart 
Mat  Hardy 
W"  Whitfield  J' 
Abr*  Harrell 
Jno  House 
Benj"  Hill 
Thom'  Bonner 
Jos  Turner 
Jno  Rackley 
Jno  Davis 
Jno  Sutton 
Jno  Sharrard 
Hardy  Councill 
Will"  Pace 
Tho'  Howell 
Sam"  Pate 
Will"  Taylor 
Thorn'  Bryant 
Will"  Boddice 
John  Vail 
Will"  Warr 
Edw''  Arpe 
Tho'  Dautrey 


Jon'  Stanley 
Jno  Spann 
Sam"  Norwood 
Cha'  Stephenson 
Anth"  Webb 
Tho'  Ashley  Jun' 
Roger  Snell 
Ja'  Lockheart 
Nat  Hill 
Henry  King 
Geo  Bell 
Sam"  Scolley 
Joseph  Wynn 
Daniell  Vanpelt 
Jno  Rasbery  Jun' 
W"  Weston 
Francis  Hobson 
Cha'  Home 
Jno  Hart 
Peter  West 
Henry  Wood 
Thomas  Barker 
Isaac  Harrell 
Sam"  Tayler 
Rich''  Williford 
John  Bradley 
Rob'  Cleary 
Andrew  Collins 
Jno  Vincent 
Tho'  Hays 
Lawrence  Daughtrey 
Arthur  Cook 
Robert  Duke 
Jacob  Parsons 
Andrew  Taylor 
Jno  Edwards 
Jno  Bentley 
Isaac  Hunter 
Sol"  Fuller 
Hardin  Cane 
Jos'  Dautrey 


COLONIAL  RECORDS. 


W"  Bryant 
W"  Perry 
Jas  Barefield 
Jno  Jones 
Sam"  Allen 
Will-"  Bell 
Drew  Stnith 
Thorn'  Drew 
Rob'  Council 
Will"  Asliburn 
David  Legatt 
Jn°  Bentley  j' 
Luke  Mizell  Sen' 
Jos  Jordan 
Hugh  Highman 
Henry  Hunter 
W"  Ward 
Jno  Jordan 
W"  Bird 
Jas  Jones 
Harman  Hill 
Benj'  Wyuns 
Andrew  Ireland 
Thorn'  Jackson 
Christ"  Leager 
Benj'  Johnson 
John  Lane 
W-"  Williams 
J-  Hill 
Stephen  Cade 
Jno  Richards 
Tho"  Avent 
Nich°  Sessions 
Will"  Foreman 
Joseph  Parker 
Jno  Bryan 
Jas  Cane 
Ambrose  Pitman 
Jos  Wall 
Ricii''  Braswell 
Brasswell  Bridger 


Dan"  Huff 

Ricli''  Barefield 
Bryan  O  Quin 
Jas  Douglas 
Hardin  Holmes 
Jas  Pirant 
W"  Bryant 
Jno  Spiere 
W"  Rhoads 
Jona  Righing 
Jas  Bentley 
Jos  Bentley 
W°  Hacocks 
Rich*  Swain 
Edw''  Frisbee 
Jas  Hurst 
Jas  Ward 
Henry  Cobb 
John  Williams 
W"°  Hodges 
Row''  Williams 
W"  Peak 
Thomas  Banks 
Alex  Cotton 
CuUo"""  Session 
Jacob  Pope 
Thomas  Goadson 
Arthur  Harris 
Will"  Reeves 
Natha"  Perry 
John  Moore 
Will"  Avent 
Elias  Ford 
John  Griffen 
Henry  West 
Sam"  Hargrave 
Thos  Drake 
Jas  Saunders 
Jas  Jones 
Arthur  Crawford 
Thom'  Brvan 


Jno  Beverley 
Jas  Wood 
Pat  O  Quin 
Tho"  Crews 
Jno  Bell 
Jas  Flood 
Thos  Turner 
Tho"  Dowls 
W"  Lattimere 
Jas  Legett 
Edw'*  Collins 
Jno  Smith  wick 
Will"  Jordan 
Alex'  Ray 
Jos  Wimberley 
Jno  Watson 
Phil  Ward 
Rob'  Lawrence 
Isaac  Hill 
John  Morey 
Jos  Wynns 
Jno  Barker 
Edw"  Outlaw 
W"   Warren 
Rob'  Terrel 
Jno  Pope 
Benjamin  Lane 
Stepli  Ragland 
Jas  Parham 
Jo'  Step 
W"  Shorter 
Fra'  M°Ander 
Jn°  Mann 
Garret  Wall 
Robert  West 
Will"  Cane 
Jas  Jenkins 
Will"  Spiere 
Jacob  Braswell 
Benj"  Bridger 
Henrv  Jones 


524 


COLONIAL  RECORDS. 


Rob'  Cade 

Bowil/  Milton 

Will  Kinchen 

Jno  Lowe 

W"  Mackane 

Jos  Dew 

Bryan  Machelan 

William  Barnes 

Henry  Gay 

Jos  Barns 

Tho»  Davis 

Rich*  Lee 

Nich°  Boon 

Barnaby  Bryan 

Sam"  Bridgers 

Jno  Borden 

Jos  Brite 

Jas  Wilkins 

Jas  Folk 

Benj"  Porson 

Jos  Peal 

Sara"  Taylor 

Joseph  Phillips 

Tho»  Phillips 
Arthur  Jordan 

Tho'  Toler 
Hopkin  Howell 
Henry  Horn 
Thos  Hart 
Rob'  Hilliard 
Geo  Goodson 
Fra  Rountree 
Thorn'  Page 
Jno  Wiggins 
W"  Borden 
Christ"  Gowen 
Abr"  Dew 
Jas  Dukes 
W"  Charles 
Tho'  Wattookson 
Tho'  Arrenton 


W"  Pace 
John  Moore 
W"  Siiort 
Robert  Jones 
Jno  Gardner 
AV"  Taylor 
John  Barnes 
Nathan  Barns 
Joshua  Lee 
Jno  Hobb 
Josiah  Livermau 
Jas  Maney 
W"  Bryant 
Edw"  Chitty 
Jos  Bridgers 
Thos  Britt  (quaker) 
Will-"  Hines 
Tho'  Baaley 
John  Bockin 
Cha'  Jordan 
Thos  Bockin 
W"  Hill 
Edw*  Boiakin 
Joseph  Smith 
Francis  Bayakin 
Nich°  Manger 
John  Grigory 
Geo  Wimberly 
Cha'  Cavaners 
Thomas  Kirby 
Isaac  Rix 
Rich*  Wiggins 
Rob'  Buller 
W"  Andrews 
Dan"  McClam 
Edw*  Buxton 
Tho'  Wiggins 
Will"  Rust 
Thom'  Burnett 
John  Rogers 
Ralph  Mason 


Jno  Cotton 
John  Gill 
Robert  Harris 
Jno  Mackane 
W"  Whitley 
W°  Goodwin 
Peter  Garland 
Tho'  Parker 
David  Journakin 
Jacob  Barns 
Godfrey  Lee 
Thos  Thauntou 
A  bra  Baggott 
Jno  Johnston 
Rich*  Worrill 
W"  Borden 
Jas  Carter 
Joseph  Huft' 
W"  Deloack 
Geo  Williams 
Nathan  Williams 
Rich*  Wall 
Edw*  Hood 
W"  Hart 
John  Bourk 
River  Jordan 
Cha'  Grigory 
Benj"^  Sellers 
Jer:  Hilliard 
Vail  Brass  well 
Jo°  Moore 
John  Cane 
W"  Everett 
Phil  Piorce 
Jas  Spiere 
Jno  Spiere 
Isaac  Rix 
Nathan  Joyner 
John  Burnett 
Rob'  Hill 
Thos  Tice 


COLONIAL  RECORDS. 


!i2r 


Alex  Orterv 
W"  Brown 


Jolin  Fort 
W"  Goodman 
Edw"  Siiiithwick 
Peter  Martin 
Lewis  Davis 
Rob'  Launier 
Jno  Duggin  J' 
W'  Misell 
W"  Stancell 
John  Griffen 
Jolin  Ward 
Denniss  Glisson 
Rich''  Sparkman 
Benj  Carkeet 
Rob'  Moss 
Joseph  Dwight 
Matthew  Adams  j' 
Will-"  Rliodes 
Cha°  Hardison 
Will"  Stubbs 
Benj'  Walker 
Will™  Swinson 
Jas  Jones 
Rob'  McCray 
Giles  Long 
Tho'  Hawkins 
Sam"  Spruil  j' 
John  Jengle 
Cuthbert  Phelps 
Jo°  Alexander 
Jasper  Hardison 
John  Snell 
Joshua  Alexander 
W"  Gilbert 
Joseph  Sprnill 


Frances  Betts 
W™  Ronndtrec 
Richard  Brasswell 

TYREI^I.    LIST    OF    JURY 

W"  Kenneday 
Rob'  Anderson 
W""  Hambleton 
W"  Folk 
Sam"  Wheatley 
Rob'  Warren 
W"  Dnggan 
Thom'  Bennett 
John  Gardner 
Martin  Griffen 
John  Butler 
James  Glisson 
Cha=  Barfield 
Benj  Corree 
John  Browning 
Thom°  Evans 
Matthias  Adams 
Dan"  Garret 
Benj^  Blunt 
Zach"  Grikin 
Will"  Barrett 
Rich''  Swinson 
W"  Mackie 
Henry  Gray 
John  Swain 
Jas  Smith 
Sam"  Spruil  Sen' 
Jon'  Bateman 
Joshua  Phelps 
John  Jennet 
W"  Rofield 
Edw"  Hewett 
Brig'  Fitz  Patrick 
John  Little 
John  Swain 
Benj'  Bedford 


Henry  Hoi  ley 
Jn"  Ballard 


MEN 

Edw"  Stevens 
Ephnet'  Griffin 
Warren  Andrews 
Jno  M°Caskey 
Matthias  Jevenner 
Sam"  Smithwiok 
Jno  Stansell 
James  Swane 
Edw"  Griffin 
W"  Gardner 
Joseph  Mercer 
Tho^  Jones 
John  Willard 
JosP""  Hudson 
Will"  Morris 
Jn"  Walker 
James  Blunt 
Corn'  Callehan 
Nath"  Everett  Jun' 
Edw"  Blunt 
Will"  Ray 
Rich"  Kenneday 
Stevens  Lee 
Joshua  Worley 
Edward  Holt 
Thom'  Davis 
Henry  Norman 
Nathan  Bateman 
Anth°  Alexander 
Geo  Phillips 
W"  Wilson 
Tho'  Best 
Sam"  Durant 
John  Midleton 
Lamb  Alexander 


526  COLONIAL  RECORDS. 


Ordered  the  following  message  be  sent  to  the  upper  House  with  the 
aforesaid  List. 

May  it  please  your  Honours 

This  House  have  resolved  that  the  several  Lists  of  Jurymen  herewitii 
sent  for  the  several  Countys  in  this  Province  be  addetl  to  the  former 
Lists  To  w"""  wee  desire  your  Honours  concurrence. 

The  House  adjourned  till  tomorrow  9  of  the  clock. 

Tuesday  the  26'"  of  Feb'^  1739.  [1740]  The  House  met  according 
to  Adjournment 

M'  Lowder  one  of  the  Members  for  Curritucl<  County  mov'd  that 
the  following  persons  might  be  exempt  from  all  publick  Services  & 
paying  all  publick  Taxes  Viz'  Tho°  Broglin  John  Kory  Martin  Boling 

Ordered  The  said  motion  be  Granted 

M'  Brice  mov'd  this  House,  that  Mathew  Sams  might  be  exempt  from 
all  publick  Services  &  from  paying  all  publick  &  Parish  Taxes  The 
same  is  Granted. 

M'  Brown  One  of  the  Members  of  Bertie  County  mov'd  this  House 
that  Benj"  Johnson  might  be  Exempt  from  paying  publick  &  parish 
Taxes  &  all  publick  service     The  same  is  Granted 

Ordered  the  Clerk  of  this  House  iiave  and  receive  Ten  Shillings  Bill 
Money  for  each  Certificate  for  exempting  persons  from  publick  Ser- 
vice &c 

Rec'd  from  the  upper  House,  A  Bill  for  Au  Act  to  ascertain  the  allow- 
ance of  his  Majesty  Council  &  the  Members  of  Assembly  of  this  Prov- 
ince w""  Amendments. 

S'  Rich"  Everard  mov'd  that  M''  Sumner  M''  Alderson  M""  Sam" 
Swann  M"'  Geo  Roberts  M'  Dawson  M'  Bryan  M"'  Blount  M'  Bartram 
M"'  Smith  wick  be  appointed  to  Joyn  the  Members  of  the  upper  House 
to  Value  the  Excha  of  the  Currency  of  this  Province  And  they  were 
accordingly  appointed 

Resolved  Considering  the  many  confusions  that  have  for  many  past 
years  pi-evailed  in  this  province  there  is  an  absolute  necessity  for  Inspect- 
ing all  tiie  Records  &  Offices  in  this  Province  the  Propertys  of  the 
Inhabitants  thereof 

Resolved  That  Commissioners  be  apj)ointed  to  Inspect  tiie  same  & 
lay  the  State  thereof  before  the  Gen"  Assembly  of  tliis  Province  at  the 
next  Session  &  also  a  State  of  the  Records  and  the  said  Commiss"  are 
iiereby  impowcred  to  inspect  all  and  ever\;_ Office  within  this  Province. 
And  that  members  or  the  Majority  of  them  for  each  County  do  examine 


COLONIAL  RECORDS.  o27 


the  Records  of  the  Several  Coiintys  they  represent  and  Reptirt  the  same 
as  before 

Ordered  That  Jolm  Montgomery  Esq"  be  added  to  the  Members  of 
Chowan  Connty  to  Inspect  the  Gen"  Court  Office  and  Secretarys  Office 
there 

And  that  M"'  Sam"  Swann  M'  Jolin  Swann  &  S'  Rich"  Everard  In- 
spect the  Secretarys  Office  at  Cape  Fear. 

And  that  M'  Speaker  be  added  to  the  Members  of  any  of  the  County.s 
requiring  his  Assistance,  to  Inspe<rt  the  Records  of  any  of  their  Countys 

Ordered  That  an  address  be  presented  to  his  Excelled  tlie  Gov  request- 
ing him  to  give  proper  Orders  to  the  Several  &  Respective  Officers  to 
pay  due  Regard  to  the  above  Resolves. 

Rec"  from  the  ujjper  House  the  message  in  relation  to  the  Jury  List. 
Endorsed  on  the  Back  that  this  Rule  be  observed  untill  the  next  session 
of  Assembly  :  And  Further  Endorsed.  That  this  Rule  be  observed  until 
the  next  Assembly  &  that  the  Clerk  of  the  Assembly  enter  the  same 
Lists  on  the  Journal  &  deliver  to  M"'  Chief  Justice  a  Copy  of  the  Same 
to  cause  Scroles  to  be  made  thereby  to  be  put  into  the  balloting  box. 

Rec*  from  the  upper  House  a  Bill  for  an  Act  for  confirming  Titles  to 
the  Town  Lands  of  Edenton 

-  M'  Montgomery  mov'd  his  Excel  1°^  be  address'd  to  direct  a  Writ  to 
Issue  to  Elect  a  Member  for  Tyrell  County  in  the  Room  of  M''  Castelau 
who  was  chose  for  Bertie  &  Tyrell  Countys  having  declared  He  serves 
for  Bertie  County 

Ordered  that  M'  Montgomery  draws  &  present  the  s''  address 

S'  Rich''  Everard  reported  from  the  Committee  of  Publick  Accounts 
as  follows  Viz' 

M'  Simon  Anderson  Treasurer  of  Beaufort  County  exhibited  to  the 
Committee  his  Aeco'  of  the  Collection  of  the  five  Shilling  poll  Tax  for 
the  s"  County  for  the  Year  1736.  1737.  1738.  1739  and  paid  in  to  the 
Committee  the  Sum  of  Four  hundred  eighty  seven  pounds  the  ballance 
thereof. 

The  s"  M'  Anderson  also  delivered  to  the  Committee  the  Sum  of  Eighty 
nine  pounds  being  part  of  the  Loan  Money  ;  There  being  due  from  Coll" 
Robert  Turner  on  the  Ballance  of  his  Acco'  last  March  the  Sum  of  One 
hundred  ninety  two  pounds  seven  shillings  and  seven  pence  he  appeared 
before  the  Committee  and  after  deducting  sundry  claimes  heretofore 
allowed  him  by  the  Assembly  as  also  the  Wages  due  unto  him  when  he 
was  an  Assembly  Man  the  Total  whereof  Amounted  to  One  hundred  & 
five  pounds  thirteen  Shillings  he  paid  the  Sum  of  Eighty  Six  pounds 
fifteen  Shill  being  the  Ball  due  from  him     M'  Leary  exhibited  M'  Eth- 


528  COLONIAL  RECORDS. 


eridges  Ace'  of  the  pole  Tax  for  Currituck  County  for  the  Year  1731 
at  3'  for  the  remainder  of  the  5'  pole  Tax  for  the  year  1736  for  the  pole 
Tax  of  5^  for  the  year  1737.  on  which  there  appears  due  to  the  Publick 
the  Sura  of  One  hundred  thirty  pounds  thirteen  Shillings  &  five  pence 
which  he  paid 

M'  James  Castellaw  paid  Two  hundred  pounds  in  to  the  Committee 
in  part  of  the  poll  Tax  for  Bertie  County. 

Coll"  M°rora  Scarbrough  exhibited  M""  Cha"  Denmaus  Ace'  of  the 
Emission  of  Loan  Money  whereby  It  appears  there  is  due  to  the  Pub- 
lick  five  hundred  sixty  two  pounds  fifleen  shillings  &  Tenpence  as  by 
that  Ace'  lodg'd  w"*  the  papers  of  This  Committee  also  such  pole  Tax 
money,  as  the  s'^  Denman  rec'd  for  the  Year  1736.  It  is  Order'd  That 
the  s*  Coll"  Scarbrough  Treasurer  of  Pequiraous  do  receive  the  aforesaid 
Sums  of  M'^  Denman's  VViddow  and  account  with  the  publick  for  the 
same 

M"'  James  Wainwright  exhibited  his  Ace'  on  which  there  appeared  a 
Ballance  due  from  him  the  Sum  of  Two  hundred  &  sixty  Seven  pounds 
fifteen  shillings  &  tenpence  halfpenny  which  he  paid 

Note  this  Ace'  includes  only  the  ballance  due  from  him  at  last  Settle- 
ment in  Feb'''  1738  &  four  years  5'  pole  Tax  but  that  Tax  is  not  fully 
collected  by  iiim  &  therefore  includes  only  such  as  he  has  already 
retieived  ; 

The  Committee  report  that  M'  John  Tripp  hath  not  paid  One  hundred 
forty  three  pounds  ten  shillings  he  is  indebted  to  the  publick 

Resolved  by  the  Committee  that  all  Treasurers  and  other  persons  who 
have  any  concerns  with  the  publick  Moneys  have  notice  from  the  Clerck 
of  the  Assembly  to  attend  the  first  day  of  the  next  Session  of  Assembly 
to  account  for  &  pay  the  Respective  Sums  they  are  indebted  to  the 
Publick 

Feb'-'  26'"  17JI 

S'  Richard  Everard  Chairman  allowed  by  the  House  to  tiie  Commit- 
tee for  Clerck  and  Expences  Twenty  two  pounds  fifteen  Shillings 
To  all  whieli  the  House  assented 
Rec'd  a  Message  from  the  upper  House  as  follows 

M'  Speaker  &  Gen' 

On  reading  the  Bill  for  ascertaining  the  Allowance  of  the  Members 
of  Council  and  Assemlily  &c  This  House  have  come  to  the  following 
resolution. 

That  an  Amendment  he  made  to  the  Bill  by  adding  an  Allowance 
for  Ferriages  to  the  Members  of  Council  &c  Assembly  &  that  one  day 


COLONIAL  RECORDS.  529 


more  be  added  to  the  Members  of  Tyrell  County  for  coming  and  going 
to  both  which  we  desire  your  concurrence  before  We  put  the  Bill  for 
passing  in  this  House. 

May  it  please  your  Hon" 

In  answer  to  your  Message  relateing  to  the  Allowance  of  the  Members 
of  Council  &  Assembly  Wee  concurr  with  the  Amendments  proposed 
not  including  Servants  &  Servants  Horses 

Sent  a  Message  to  the  Upper  House  as  follows 

May  it  please  your  Honours 

Pursuant  to  an  Act  of  Assembly  pass'd  in  March  last.  Wee  have 
appointed  the  following  persons  with  M"'  Speaker  to  joyn  your  House  to 
value  the  Exchange  of  the  Curr^  of  this  Province  M'  Sumner  M"'  An- 
derson M'  Sam"  Swanu  M'  Roberts  M'  Dawson  M'  Thomas  Bryant  M' 
Jno  Blount  M"^  Bartram  &  M'  Smithwick  who  are  ready  to  proceed  on 
the  same  when  your  Honours  will  be  pleased  to  give  them  notice. 

M'  Craven  mov'd  to  withdraw  the  Bill  for  an  Act  for  confirming 
Titles  to  the  Town  Lands  of  Edenton  &c 

Ordered  he  have  leave  to  withdraw  the  same  which  he  did  accordingly. 

Resolved  that  the  Indians  ought  to  have  Liberty  till  next  Session  of 
Assembly  to  hunt  on  all  peoples  I^auds  they  keeping  out  of  Indosures 
&  not  burning  the  Woods  near  any  persons  plantations  and  do  no  Dam- 
ages to  Peoples  stocks  &  behaving  themselves  orderly 

And  that  a  Message  be  sent  to  tlie  upper  House  for  their  concurrence 

The  House  adjourned  till  2  of  the  clock  in  the  afternoon 

The  House  met  according  to  adjournment 

Reported  by  M'   Roberts  from  the  committee  of  claims  as  follows 
Viz' 
Allowed   M'  Richard  Evans  for  old  Bills  in  the  1 

year  1722.  I  »  "     ^^^  "     « 

To  Christ"  Dudley  Eleven  days  horse  hire  at  Seven  ^ 

shills  &  sixpence  "^  day  pressd  by  M'  Trotter     J  4  "       2  "     6 

To  W"  Bartram  for  a  Negro  Executed  200  "       0  "     0 

To  Thomas  Lowther  for  acting  as  Coroner  on  three  ] 

Inquisitions  Including  all  Expenses  J         10  "       0  "     0 

To  Francis  Singfield  for  Twelve  days  horse  hire  i 

at  10"  ^  day  pressed  by  Geo  Lisle  |  6  "       0  "     0 

To  Coll"  Will"  Wilson  for  Executing  Catharine  i 

Sullivan  J  5  "       0  "     0 

To  watching  the  Goal  5  "       0  "     0 

Vol.  4—67 


530  COLONIAL  RECORDS. 


To  Dyet  for  the  s*  Sullivan  whilst  in  Prison 

To  Prison  Fees 

For  Gallows  and  Halter 

To  James  Craven  for  attending  as  Clerck  of  a^ 
Special  Court  held  at  Edenton  for  Tryal  of  Three  ! 
Negroes  belonging  to  M"'  Edward  Gale  &  James  I 
Potter  J 

To  Ditto  as  Clerk  on  the  Tryal  of  a  Negro  be-  i 
longing  to  M"'  Dan"  Pugh  / 

To  D°  for  acting  in  Tryal  as  afores""  of  a  Negro 
belong*  to  M"'  Jas  Farloe 

To  D°  for  the  same  Service  on  the  Tryal  of  a  Ne-  1 
gro  belonging  to  Tho'  Jones  / 

M'  Rob'  Forster  produced  several  claims  to  this 
House  ....  to  the  Amount  of  one  hundred  & 
Twenty  pounds  w"""  was  allowed 

j\P  Ci'uven  Clerck  of  a  Special  Court  for  Trying 
of  a  Negro  Man  slave  belonging  to  M'  Dan" 
Pugh  produced  a  Copy  of  the  Record  Setting 
forth  that  the  S*  Slave  was  valued  at  one  hun- 
dred &  Eighty  pounds  referr'd  to  the  House 
&  allowed 

M"  John  Dawson  produced  a  Claim  on  behalf  of  ^ 
Rowland    Williams   for  a   Negro   named   Will 
Executed  according  to  Law  &  valued  at  Two 
hundred  pounds  allow'd 

To   W"  McKay   for  summoning   113  persons  to 

serve  as  Jury  Men  on  Several  Courts  held  at  J>  £  28 
Edenton  allow'd  as  the  Law  directs 

To  D"  for  commitment  of  Geo  Arger  for  Fellony  ^ 
&  maintaining  him  in  Goal  four  Months  In-  , 
eluding  all  his  Fees  f 

To  D°  for  Commitment  of  Jno  M°Donald  and 
Maintaining  him  in  Goal 

To  D°  for  watching  Edenton  Goal  whilst  M'  Bun-  | 
combs  Negroes  were  therein  J 

To  D°  for  Repairing  the  Court  House 

To  D°  for  Commitment  of  Jos  Bass  &  maintaining  ^ 
him  Ten  days  ) 

To  D°  for  Repairing  Edenton  Goal 

To  D"  for  Executing  three  Neg"''  Two  belong*  to  ^ 
M'  Buncombe  <t  one  to  M'  Gale  / 


7  " 

18  " 

0 

3  " 

15  " 

0 

3  " 

15  " 

0 

200 


£  20 


1  " 

0  " 

0 

10  " 

0 

2  " 

10  " 

0 

1   " 

.      0  " 

0 

9  " 

0  " 

0 

COLONIAL  RECORDS.  5:51 


3  "  0  "  0 
10  "  0  "  0 
1.3  "       0  "     0 


To  Dennis  Sherlock  for  Expences  of  the  Commit- 
tee for  Rating  the  Conmioditys 
To  Geo  Bould  for  house  Room  fire  &  Candles  for  i 
this  Committee  J 

To  M'  Chief  Justice  paid  for  Erecting  a  Pillory  ^ 
at  Edenton  J 

To  .James  Coor  Clerck  of  the  Committee  10  "       0  "     0 

To  M'  Herritage  for  Stationary  Ware  15  "       0  "     0 

Which  was  allowed  by  the  whole  House. 

Resolved  That  the  Publick  Moneys  Ree''  by  S'  Richard  Everard 
Chairman  of  the  Committee  of  publick  Acco"  be  paid  into  this  House 
immediately.  And  that  a  Message  be  Sent  to  the  upper  House  for  con- 
currence as  follows. 

May  it  please  youe  Honours 

This  house  having  resolved  that  the  publick  Moneys  rec'd  by  S'  Rich* 
Everard  Chairman  of  the  Committee  of  Public  Accounts,  be  passed  in 
this  House  immediately.     Desire  your  Honours  concurrence. 

Ordered  That  all  Publick  Treasurers  and  other  Persons  who  have  any 
concerns  with  Publick  Money  &  Publick  Acco"  have  notice  to  attend 
this  House  the  first  day  of  next  Session  of  Assembly  to  acco'  for  pay 

their  Respective  sums  they  are  indebted  to  the  Publick And  that 

the  Clerck  of  this  House  signify  such  Notice  by  Advertisement. 

Ordered  That  the  Report  of  the  Committee  of  publick  Aoco'^  be  sent 
to  the  upper  House  for  concurrence 

Rec"*  the  message  sent  to  the  upper  House  by  this  House  in  Relation 
to  S''  Rich''  Everard  his  paying  the  publick  moneys  he  has  rec''  this  Ses- 
sion to  this  House 

Endorsed  in  the  upper  House  concurred  with 

W.  SMITH  P 

Sent  the  following  message  to  tiie  upper  House 

May  it  please  your  Hon" 

This  House  is  of  opinion  considering  the  many  confusions  that  have 
prevailed  in  this  Country  there  is  an  absolute  necessity  for  Inspecting 
all  the  Records  and  Offices  of  this  Province  upon  which  the  estates  & 
propertvs  of  the  People  wee  represent  are  so  essentialy  concerned.  Aiul 
that  Commiss"  be  appointed  to  Inspect  the  same  and  lay  the  State  thereof 
liefore  the  Gen"  Assembly  at  their  next  meeting  and  Impowered  to 
Inspect  all  &  every  Office  and  Offices  in  this  province.  And  desire  your 
Hon"  Concurrence  to  the  same  and  also  to  joyn  with  us  in  an  Address  to 
his  Excell"^  that  he  would  be  pleased  to  give  proper  Order  to  the 
Respective  Officers  to  pay  due  Regard  to  the  said  Resolve: 


532  COLONIAL  RECORDS. 


Rec'd  the  Bill  for  an  Act  to  ascertain  the  Allowance  of  his  Majesty's 
Council  &c  with  Amendments  as  also  the  following  Message 

M'  Speaker  &  Gen' 

Wee  cannot  recede  from  our  Opinion  that  the  ferriage  of  the  Servants 
&  horses  of  the  Members  of  Council  &  Assembly  be  added  to  the  Bill 
for  allowances  of  his  Ma-jestys  Council  &  the  Members  of  Assembly 
Wee  have  therefore  incerted  that  Amendment  and  pass'd  the  Bill  thereon  : 

M'  Speaker  reported  to  this  House  the  Rec'  of  the  aforesaid  Bill  and 
Endorsement 

Ordered  the  same  to  be  Engross'd 

S'  Rich'^  Everard  delivered  to  this  House  Twelve  Hundred  thirty 
Eight  pounds  seven  shillings  from  the  Committee  of  publick  Acco' 

Ordered  the  same  be  lodged  in  the  Hands  of  the  Clerck  of  this  House 

Resolved  that  the  Wages  due  to  the  Servants  of  both  Houses  &  Wages 
due  to  the  Members  of  former  Assemblys  be  first  paid  out  of  the  Moneys 
this  day  paid  into  this  House  by  S"  Richard  Everard  and  that  the  fol- 
lowing Message  be  sent  to  the  upper  House  for  concurrence 

May  it  please  your  Hon" 

This  House  having  Resolved  that  the  Wages  due  to  the  Servants  of 
both  Houses  &  the  Wages  due  to  the  memb"  of  former  Assemblys  be 
first  paid  out  of  the  Moneys  this  day  paid  in  to  this  House  by  S'  Rich* 
Everard  Desire  your  Honours  concurrence 

The  House  adjourned  till  tomorrow  morning  seven  of  the  clock 

Wednesday  the  27'"  of  Feb'^  1739.  [1740]  The  House  met  accord- 
ing to  Adjournment 

Rec''  from  the  upper  House  a  Message  in  relation  to  the  Pet"  of 
Dugald  M°Neal  &  others  as  follows 

In  the  upper  House  of  Assembly  Feb'^  26'"  1739]1740] 
The  House  taking  into  Consideration  the  Pet"  of  Dugald  M°Neal  & 
Cole  M°Alister  in  behalf  of  themselves  &  others  referr'd  to  this  House 
by  the  Lower  House  This  House  came  to  the  following  Resolut"  Viz' 

Resolv'd  that  tiie  persons  mentioned  in  the  s''  Pet°  shall  be  freed  from 
payment  of  any  publick  or  Country  Tax  for  Ten  years  next  ensuing 
their  Arrival 

Resolved  that  towards  their  Subsistence  the  sum  of  One  Thousand 
pounds  be  paid  out  of  the  publick  Money  by  his  Excell"^  Warrant  to  be 
Lodged  with  Duncan  Campbell  Dugald  M'Neal  Dan"  M'Neal  Cole 
M'Alister  &  Neal  M°Neal  Esq"  to  be  by  them  distributed  amongst  the 
several  Families  in  the  said  Petition  mentioned 


COLONIAL  RECORDS.  533 


Resolved  that  as  Encouragem'  for  protestants  to  remove  from  Europe 
into  this  Province  to  Settle  themselves  in  Bodys  or  Townships  that  all 
such  as  shall  so  remove  into  this  Province  Provided  they  exceed  forty 
persons  in  one  body  or  Company  they  shall  be  exempted  from  payment 
of  any  publick  or  Country  Tax  for  the  Space  of  Ten  years  next  ensuing 
their  Arrival 

Resolved  that  an  Address  be  presented  to  his  Excell"^  the  Gov'  to 
desire  him  to  use  his  Intrest  in  such  manners  as  he  shall  think  most 
proper  to  obtain  an  Instruction  for  giving  Encouragement  to  Protestants 
from  Foreign  parts  to  settle  in  Townships  within  this  Province  to  be  set 
apart  for  that  purpose  after  tlie  manner  and  with  such  priviledges  & 
Advantages  as  are  practised  in  his  Majestys  Province  of  S°  Carolina 

Resolved  That  this  House  concurs  with  the  several  Resolves  of  the 
Upper  House  in  the  aboves''  Message  Except  that  relateing  to  the  thou- 
sand pounds  which  this  House  refers  till  next  Session  of  Assembly  for 
Consideration. 

The  House  adjourned  for  one  Hour. 

The  House  met  according  to  Adjournment. 

Sent  the  following  Message  to  his  Excell"^  the  Gov' 

May  it  please  your  Excell"' 

This  House  having  appointed  Commiss"  to  Inspect  all  the  Records  & 
Offices  in  this  Province  &  to  lay  the  State  of  the  same  before  the  Gen" 
Assembly  of  this  Province  at  their  next  meeting 

Hutnbly  addressed  y'  Excell"^  That  yon  would  be  pleased  to  give 
orders  to  the  Several  and  Respective  Officers  of  the  s*  Offices  in  this 
Province  to  pay  due  Regard  thereto  &  also  that  you  would  be  pleased 
to  give  such  directions  therein  that  the  State  of  the  Said  Records  may 
be  laid  before  this  House  the  next  Session  of  Assembly  :  To  which  his 
Excell"^  assented. 

Rec''  from  the  Upper  House  the  message  sent  by  this  House  concern- 
ing the  Indians  hunting  &c 

Endors'd  concurred  with  W  SMITH  P 

Sent  the  following  Message  to  his  Excell"^ 

May  it  please  your  Excell"^ 

It  appearing  to  this  House  that  M'  James  Castelaw  was  chose  Repre- 
sentative for  Bertie  &  Tyrel  Countys.  It  being  demanded  of  him  bv 
this  House  which  of  the  said  Countys  he  would  serve  for  declared  for 
Bertie  therefore  One  Member  is  wanting  to  Represent  Tyrol  County 


534  COLONIAL  RECOEDS. 


afores''  Desire  your  Excell"''  would  be  pleased  to  direct  the  Clerck  of  the 
Crown  to  Issue  a  Writ  for  the  Ciioice  of  a  Representative  for  s*  County 
in  the  Room  of  M'  James  Castelaw  To  which  his  Exceil"^  assented. 

Receiv'd  the  message  sent  to  tiie  Upper  House  relating  to  the  pay- 
ment of  the  Servant  Wages  of  both  House  &c 

Endorsed  In  the  Upper  House  concurred  with. 

W  SMITH  P. 

Ordered  the  same  be  sent  to  his  Excellency  the  Gov''  for  Assent  Who 
returned  the  same  Endorsed     Agreed  to  by  G  J. 
Rec''  the  following  Message  from  the  Upper  House 

M'  Speaker  &  Gent" 

Wee  have  rec''  by  M'  Swann  the  Report  of  the  Committe  for  both 
Houses  on  the  claimes  allow'd  of  by  your  House  &  Sign'd  by  the 
Speaker 

As  wee  cannot  doubt  but  this  Paper  was  sent  up  for  our  Concurrence, 
Wee  have  upon  Reading  &  considering  the  same  &  from  the  Report  of 
the  Gent"  of  our  House :  on  that  Committee  and  thought  proper  to  Add 
four  pounds  to  the  Article  of  Richard  Lovett  for  Stationary  Ware 
which  makes  the  sum  Eighteen  pounds.  To  which  wee  desire  your  con- 
currence. 

His  ExcelP^  sent  to  this  House  Commanding  their  Attendance  at  the 
Council  Chamber  with  what  Bills  are  Engrossed 

This  House  waited  on  his  Excell"^  tiie  Gov'  at  the  Council  Chamber : 
And  M"'  Speaker  presented  to  his  Excellency  the  Act  for  ascertain*  an 
Allowance  to  his  Majestys  Council  and  the  Members  of  Assembly 
Which  was  ready  Rec*"  his  assent. 

Then  His  Excellency  was  pleas'd  to  prorougue  this  Assembly  to  Eden- 
ton  the  second  Tuesday  in  November  next 

M"'  Speaker  with  the  House  return'd  And  pronounced  the  Prorogative 
accoi'dingly 


North  Carolina — ss. 

[Journal  of  tlie  Upper  House  of  Assembly  beginning  31  July  &  entl- 
ing  2'2  August  1740.  The  first  portion  is  evidently  wanting  altho'  tlie 
pages  run  in  consecutive  order  in  this  volume. — W.  N.  S.] 

Saturday  the  S""*  [August]     The  House  met  accord  to  Adjournment 
Present 
(  Robert  Halton     Edw''  Moseley 
The  Honour"'  ^  Math"  Rowan      Culleu  Pollock  )>Esq"  Mt 
(  James  Murray 


COLONIAL  RE(;ORI)8.  5;W 


Then  His  Excellency  was  please  to  come  to  the  House  and  M"^  Presi- 
dent read  to  him  the  Address  of  the  Board  in  answer  to  his  Speech  for 
which  his  Excell"^  was  pleased  to  return  his  thanks 

Then  the  House  adjourned  until  Monday  Morning,  Ten  of  the  Clock. 

Monday  the  4"'     The  House  met  according  to  Adjournment 

Present  The  Hon'''*  William  Smith  Esq'"  President. 

r,-,,     rr  ui     f  Mathew  Rowan         Cullen  Pollock  "I  p.    „Ar      i 

I  he  Honourable  <  -n, ,         i  at      i  t  at  >  Esq"  Members 

[  Edward  Moseley       James  Murray  J       ^ 

And  adjourned  until  to-morrow  morning,  Ten  of  the  Clock. 

Tuesday  the  5""     The  House  met  according  to  Adjournment 

Present  the  Hon*"'"  William  Smith  Esq"  President. 

m,     1      bi^  r  Math"  Rowan     Edw''  Moselev  1  r    «  ai      i 
The  hon'''v  j  at  '    V  Esq"  Members 

[  James  Murray  J        '■ 

And  adjourned  until  to-morrow  morning.  Ten  of  the  Clock. 

Wednesday  the  6"^     The  House  met  according  to  Adjournment 
Present  The  Hon"'"  William  Smith  Esq"  President, 
r  Nath'  Rice  Edw"  Moseley  ~| 

The  Hon'"V  Math"  Rowan     Cullen  Pollock  V  Esq"  Members 
(  James  Murray  j 

And  adjourned  until  to-morrow  morning,  Ten  of  the  Clock 

Thursday  the  7""     The  House  met  according  to  Adjournment. 
Present  The  Hon""  William  Smith  Esq"  President. 

[Nath' Rice  Edw"  Moseley  "| 

Tiie  Honour'"V  Math"  Rowan     Cullen  Pollock  VEsq"  Members 

(  James  Murray  j 

M'  Blount  &  M"'  Craven  brought  up  the  two  following  Bills. 
A  Bill,  for  the  better  regulation  of  the  Militia. 

A  Bill  to  Enable  the  Com"  therein  mentioned  to  finish  the  Church  at 
Edentou.     In  the  Lower  House,  Read  the  first  time  &  passed. 

Tiien  the  House  adjourned  until!  Ten  of  the  Clock,  in  the  morning 

Fryday  the  8""     The  House  met  according  to  Adjournment. 
Present  The  hon'"''  William  Smith  Esq"  President. 
r  Nath'  Rice  Edw"  Moseley    ( 

The  Honour''"^  Math"'  Rowan      Cullen  Pollock    VEsq'  Members. 

(  James  Murray  j 

The  Bill  for  finishing  the  Church  at  Edenton 

The  Bill  for  regulating  the  INIilita.  Read  and  passed  with  Amend- 
ment. 

Then  the  House  adjourned  until  to-morrow  morning  Ten  of  the 
Clock 


536  COLONIAL  RECORDS. 


Saturday  the  9""     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq"  President. 

r  Nath'  Rice  Edw''  Moseley  ] 

The  Honour"'  ^  Math'  Rowan        Cullen  Pollock  V  Esq"  Members 

(  James  Murray  j 

And  adjourned  until  Monday  morning,  Ten  of  the  Clock. 

Monday  the  11"'         The  House  met  according  to  Adjournment. 
Present  The  Hon""  William  Smith  Esq"  President. 
(  Nath'  Rice  Edw"  Moseley  ) 

The  Honour^'V  Math"  Rowan      Cullen  Pollock  VEsq"  Members. 
(  James  Murray  j 

M'  Craven  &  M'  Blount  Brought  up  the  two  following  Bills,  Viz' 

The  Bill  for  finishing  the  Church  at  Edenton.  In  the  Ijower  House 
Read  the  second  time  and  passed  with  Amendments. 

A  Bill  for  granting  an  Aid  to  His  Majesty,  &  to  defray  the  Expenses 
of  Transporting  the  several  Troops  inlisted  in  His  Majesties  service  in 
this  Colony,  &  to  ascertain  the  method  of  paying  all  Taxes  &  Levys  in 
Commoditys,  &  for  other  purposes  therein  mentioned.  In  the  Lower 
House  Read  the  first  time  and  passed. 

M'  Roberts  &  M'  Bould.  Brought  up  the  following  Bills,  Viz' 

A  Bill  to  Exempt  the  Inhabitants  of  Bath  Town  from  working  on 
the  Publick  Roads,  &  to  oblige  the  said  Inhabitants  to  clear  &  keep 
clear  the  Streets  of  the  said  Town,  in  good  Order. 

A  Bill  to  enable  the  Commissioners  therein  appointed,  to  Erect  & 
finish  a  Church  at  Newbern  in  Craven  County  and  for  the  better  Regu- 
lation of  the  said  Town,  and  other  purposes  therein  mentioned. 

A  Bill  for  the  Effectual  Establishing  a  Ferry  from  Bath  Town,  and 
for  preventing  any  Ferry,  within  Ten  Miles  of  said  Town,  &  other  pur- 
poses therein  mentioned.  In  the  Lower  House.  Read  said  BilLs,  the  first 
time  and  passed. 

Then  the  House  adjourned  till  Three  of  the  Clock,  in  the  afternoon 

Post  Merid"     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq"  President. 

r  Nath'  Rice  Edw*  Moseley  ] 

The  Honour''^  Math"  Rowan      Cullen  Pollock  VEsq"  Members. 

(  James  Murray  j 

And  Adjourned  until  to-morrow  morning.  Ten  of  the  Clock. 

Tuesday  the  12""     The  House  met  according  to  adjournment. 

Present  the  Hon"''  William  Smith  Esq"  President. 

T-u     tr  bie  f  Nath'  Rice  Edw*  Moseley   1  tt,  rs  lyj      u 

onour    I  Math"  Rowan       James  Murray  )     "^ 


COLONIAI.  REC;ORDS.  o37 


The  Bill  for  finishing  the  Church  at  Edenton  Read  the  second  time 
&  passed. 

The  Bath  Town  Bill,  &  the  Bath  Town  Ferry  Bill. 

The  Bill  for  a  Church  at  Newbern. 

The  Bill  for  granting  an  Aid  to  his  Majesty.  Read  the  first  time  and 
passed. 

Then  the  House  Adjourned  until  Three  of  the  Clock  in  the  Afternoon. 

Post  Meridian.     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq"  President. 
(  Nath'  Rice         Math"  Rowan   ] 
The  Honour'-'V  Rob'  Halton       Edw"  Moseley    V  Esq"  Members 
(  James  Murray  j 

M''  Chief  Justice  Smith  complained  to  the  House  of  a  Libel,  fixed  at 
the  door  of  the  Gen"  Court  House  of  this  Province,  and  other  places  in 
the  Town  of  Edenton  with  the  name  of  Archibald  Hamilton  subscribed 
thereto.  Which  as  he  apprehended,  much  Reflected  upon  his  Conduct  and 
Character  as  Chief  Justice,  &  desired  that  the  same  might  be  read. 
Which  accordingly  was  Read  in  these  Words. 

North  Carolina — ss. 

Whereas  it  hath  been  industriously  Reported,  &  handed  about  in 
divers  Places,  &  many  Companys  without  any  just  Foundation,  that 
Daniel  Hamer  Esq"  did  under  his  hand,  in  a  Petition  by  him  signed,  & 
directed  to  the  H(jn"°  William  Smith  Esq"  Chief  Justice  of  this  Prov- 
ince, Confess  himself  guilty  of  Perjury,  Now  as  I  have  been  the  Spring 
of  that  affair,  in  order  to  do  M'  Hamer  that  Justice  which  is  due  to  him, 
I  do  hereby  certify  that  I  did  advise  M'  Hammer  to  Petition  the  Chief 
Justice  to  respite  the  sentance  given  against  him  for  perjury,  and  that  I 
did  immediately  draw  a  Petition  in  great  haste  and  carry  it  to  M'  Han- 
mer,  then  in  prison,  and  persuaded  him  to  sign  it,  telling  him  that  he 
had  no  other  way  to  save  himself  from  the  ignominy  of  the  Pillorv,  and 
that  by  gaining  a  little  time  to  lay  tiie  whole  affair  before  the  Governour 
he  might  have  that  Judgment  reversed,  which  was  in  my  opinion  alto- 
gether Illegal,  the  Indictment  being  manifestly  Erroneous  and  the  Tryal 
contrary  to  a  positive  Law  of  this  Province,  then  and  now  in  force; 
And  I  do  further  Certify  that  I  did  not  intend  any  Confession  of  Per- 
jury, but  only  a  General  Confession  of  Sins,  and  a  hearty  concern  for 
being  thought  Guilty  of  anv  Crimes,  without  coming  to  any  particulars. 
And  that  if  there  is  any  other,  it  was  occasioned  through  haste  and  inad- 
vertance,  and  also  that  I  do  believe,  that  M'  Hanmer  had  not  time  to 
read  over  the  Petition  before  he  signed  it,  This  I  am  ready  to  prove 
Vol.  4—68 


538  COLONIAL  RECORDS. 


upon  Oath  when  called  to  it.  In  Witness  whereof  I  have  put  my  Hand 
this  Twentieth  day  of  May,  Anno  Domini,  One  Thousand  seven  hun- 
dred and  forty. 

And  the  said  Chief  Justice,  also  produced  a  Petition  of  the  said  Daniel 
Hanmer's  to  which  the  said  papers  referred,  Viz' 

The  Humble  Petition  of  Daniel  Hanmers  Humbly  Sheweth, 

That  your  Petitioner  to  his  great  grief  &  sorrow  being  convicted  of  a 
very  heinous  Crime,  is  sentenced  to  a  very  ignominious  Puuishment. 

That  your  Petitioner  hath  large  Dealings  in  this  Province,  and  that 
if  the  Sentance  is  carryed  to  Execution  your  Petitioner  &  his  family  will 
be  for  ever  ruined. 

But  your  Petitioner  hath  much  greater  sorrow  that  he  should  be  found 
guilty  of  an  offence  so  great  in  the  sight  of  God ;  and  so  detestable 
among  Men  than  for  all  the  ruin  that  will  fall  on  him  for  which  Crime, 
he  shall  always  have  a  True  and  sincere  Repentance. 

Your  Petitioner  therefore  throws  himself  at  your  Honour's  feet,  and 
trusting  to  your  great  Clemenc}',  implores  your  Honour's  compassion, 
and  begs  that  your  Honour  will  remit  the  ignominious  part  of  the  sent- 
ance, or  at  least  suspend  it,  until  his  Excelleneys  pleasure  is  known,  from 
whom  he  intends,  if  your  Honour  will  be  so  kind  and  good  to  suffer 
it  to  Implore  a  Pardon. 

And  your  humble  Petitioner  as  in  duty  bound,  shall  ever  pray 

Sign'd  '  DAN'  HANMER. 

Which  Petition  was  also  Read. 

Then  M''  Chief  Justice  moved  that  the  House  might  take  the  same 
under  their  Consideration,  and  then  withdrew.  Which  the  House  accord- 
ingly did,  and  after  some  debate  thereon,  was  pleased  to  come  to  the  fol- 
lowing Resolution  Viz' 

Resolved  by  this  House,  that  the  before  mentioned  Advertisement  is 
false,  scandalous,  malitious  &  seditious  Libel,  and  tending  to  the  subver- 
tion  of  the  General  Court  of  this  Province. 

A  Bill  to  Enable  the  Commissioners  therein  named,  to  build  a  Bridge 
over  Livingstons  Creek  between  New  Hanover  &  Bladen  Countys. 
Read  the  first  time  &  Passed. 

M'  Farris  &  M''  Bartrame  Brought  up  the  Bill  for  Regulation  of  the 
Militia.  In  the  Lower  House  read  the  second  time,  &  passed.  In  this 
House  read  the  second  time,  &  passed. 

M'  Craven  &  M'  Blount  Brought  up  the  Bill  for  finishing  the  Church 
at  Edenton.     In  the  Lower  House  read  the  third  time  &  passed. 

The  Bath  Town  Bill 

The  Bill  to  Erect  &  finish  a  Church  at  Newbern. 


COLONIAL  RECORDS.  539 


In  tlie  Lower  House  read  said  Bills  the  second  time  &  passed. 
In  this  House  read  the  Bath  Town  Bill  the  second  time  &  passed. 
Then   tiiej  House  Adjourned,  untill  to-morrow  morning,  Ten  of  the 
Clock. 

Wednesday  the  13"'.     The  House  met  according  to  Adjournment. 

Present  the  Hon"'  William  Smith  Esq'°  President. 

f  Nath'  Rice  Edw"  Moselev  ) 

The  Hononr'"V  Rob'  Halton        Cnllen  Pollock  ^  Esq"  Members. 
(  Math"  Rowan     James  Murray,  j 

M'  Chief  -lustice  again  moved  the  House,  that  the  Advertisement  read 
yesterday,  as  he  conceived  much  reflected  upon  his  Character  &  Conduct 
as  Chief  Justice  of  this  Province.  And  desired  that  the  House  would  be 
pleased  to  further  consider  the  thing,  &  give  their  Opinion  thereon. 
And  then  withdrew.  Which  tiie  House  took  under  their  Consideration, 
and  then  made  the  following  Resolve.  Viz' 

Resolved  by  this  House  that  the  said  M'  Chief  Justice  Smith  has 
behaved  with  great  Honour,  Integrity  &  Capacity  in  his  Office  as  Chief 
Justice,  during  the  Time  he  has  acted  in  the  same  in  this  Province. 

And  that  the  said  Advertisement  is  false,  scandalous  &  malitious 
Libel,  and  tending  to  the  sul)vertiou  of  tiie  General  Court  and  Govern- 
ment in  General. 

The  Bill  for  finishing  the  Ciiurch  at  Edenton.  Read  the  Third  time 
&  passed :  And  ordered  to  be  ICngrossetl. 

M'  Castelaw  &  M.'  Smithwick  Brought  up  tiie  following  Bills,  Viz' 

The  Bill  for  granting  his  Majesty  an  Aid  In  tiie  Lower  House  read 
the  second  time  &  passed  with  Amendm" 

A  Bill  for  an  Act  to  Enable  the  Justices  of  Tyrel  County  to  build  a 
Warehouse  in  Tyrrel  County  upon  Scuppernong  River  for  Receipt  of 
His  Ma'^'  Quit  Rents.  In  the  Lower  House  Read  the  first  time  & 
passed. 

A  Bill  to  Enable  the  Parish  of  S'  Andrews  in  Tyrrel  County,  &  the 
South  West  of  Pasquotank  County  to  elect  Vestrys.  In  the  Lower 
House  Read  the  first  time  &  passed. 

M'  Peyton  &  M'  Rigby  Brought  up  the  Bath  Town  Ferry  Bill.  In 
the  Lower  House  Read  the  second  time  &  passed  with  Amend" 

M'  Bartram  &  M'  Starky  Brought  up  the  following  Bills,  Viz' 

A  Bill  for  amending  an  Act,  for  settling  the  bounds  of  Lands  &  to 
Dock  the  Entails  of  small  parcells  of  Lands,  &  for  preventing  shooting 
&  hunting  in  other  Persons  Lands. 

The  Bill  for  building  a  Bridge  over  Livingston's  Creek. 

In  the  liower  House  Read  said  Bills  the  first  time  &  passed. 


540  COLONIAL  RECORDS. 


Then,  the  House  Adjourned  until  to-morrow  morning,  Ten  of  the 
Clock. 

Thursday  the  14'".     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq™  President, 
r  Nath'  Rice  Edw*  Moseley  ) 

The  Honour''^  Rob'  Halton        Cullen  Pollock  VEsq"  Members. 
(  Math"  Rowan     James  Murray,  j 

"The  Bill  for  settling  the  Bounds  of  Lands"  etc.  Read  the  first 
time  &  passed  with  Amendments. 

"The  Bill  for  Building  a  Bridge  over  Livingston's  Creek."  Read 
the  second  time  &  passed  with  Amendments. 

"The  Bath  Town  Ferry  Bill." 

"The  Bill  to  Enable  the  Parish  of  S'  Andrews  to  Elect  Vestrys." 

"The  Bill  for  building  a  Warehouse  upon  Scuppernong." 

Read  said  Bills  the  first  time  &  passed. 

M'  Bartram  &  M'  Farris  Brought  up  the  following  Bills,  Viz' 

A  Bill  to  appoint  able  &  skilful  Clerks  for  the  several  County  Courts 
within  this  Government,  &  for  the  better  securing  &  keeping  the  Rec- 
ords of  the  same.     In  the  Lower  House  Read  the  first  time  &  passed. 

The  Bill  to  Enable  the  Parish  of  S'  Andrews  in  Tyrrel  County  to 
Elect  Vestrys.     In  the  Lower  House,  Read  the  second  time  &  passed. 

A  Bill  for  the  further  and  better  Regulation  of  the  Town  of  Wil- 
mington in  New  Hanover  County,  &  to  Establish  the  Church  of  the 
Parish  of  S'  James  in  the  said  Town.  In  the  Lower  House,  Read  the 
first  time  &  passed. 

The  Bill  for  building  a  Bridge  over  Levingston's  Creek.  In  the  Lower 
House,  Read  the  second  time  &  passed. 

In  this  House  Read  the  Bath  Town  Ferry  Bill  the  second  time  & 
passed  with  Amendments. 

Then  the  House  Adjourned  until  three  of  the  Clock  in  the  afternoon. 

Post  Meridian.     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq"  President, 
r  Nath'  Rice  Edw*  Moseley  ] 

The  Honour^'V  Rob'  Halton  Cullen  Pollock  V  Esq"  Members. 

(  Math''  Rowan       James  Murray  j 
The    Newbern   Church    Bill    Read    the  second   time  &  passed  with 
Amendments. 

The  Wilmington  Bill  Read  the  first  time  &  passed. 
M'  Farris  &  M''  Bartram   Brought  up  the  Bill  for  Building  a  Ware- 
house upon  Scuppertiong.     In  the  Ijower  House  read  the  second  time  & 
passed. 


COLONIAL  RECORDS.  541 


M'  Farris  &  M'  Bartraiu  Brought  up  the  Newheru  Church  Bill.  In 
tlie  Lower  House,  read  the  third  time  and  passed. 

Then  the  House  Adjourned  until  to-morrow  morning,  Ten  of  the 
Clock. 

Fryday  the  IS"".     The  House  met  according  to  Adjournment. 
Present 
r  Nath'  Rice  Edw^  Moseley    "| 

The  Honour"'"  J  Rob'  Halton  Cullen  Pollock   V  Esq"  Members. 

(  Math"  Rowan        .James  Murray  J 

The  Bill  appointing  Skilful  Clerks.     Read  the  first  time  &  passed. 

M'  Craven  &  M'  Blackhale  Brought  up  the  two  following  Bills,  A^iz' 

A  Bill  for  to  Establish  John  Hodgson  Esq"  Treasurer  of  the  County 
therein  mentioned.     In  the  Lower  House  read  the  first  time  &  passed. 

The  Wilmington  Bill.  In  the  Lower  House  read  the  second  time 
&  passed  with  xlmendments. 

M''  Peyton  &  M'  Craven  Brought  up  the  Clerks  Bill.  In  the  Lower 
House  read  the  second  time,  &  passed  with  Amendments. 

M"'  Craven  &  M'  Blackhale  Brought  up  the  Bath  Town  Bill.  In  the 
Lower  House  read  the  third  time  &  passed  with  Amendmen" 

The  Bill  for  granting  his  Majesty  an  Aid.  Read  the  second  time  & 
passed  with  Amendments. 

The  Newbern  Churcli  Bill  Read  tlie  third  time  and  passed,  Ordered 
to  be  Engrossed 

Then  the  House  adjourned  until  three  of  the  Clock  in  the  afternoon. 

Post  Meridian.     The  House  met  according  to  Adjournment. 
Present  The  Hon"'  William  Smith  Esq"  President, 
r  Nath'  Rice  Edw"  Moseley  ] 

The  Houour'''V  Rob'  Halton         Cullen  Pollock  VEsq"  Members. 

(Math*  Rowan      James  Murray  j 
The  Bill  for  building  a  Bridge  over  Livingston's  Creek.  Read  the 
third  time  &  passed.  Ordered  to  be  Engrossed. 

"The  Wilmington  Bill"  Read  the  second  time  &  passed. 
"The  Treasurers  Bill"  Read  the  first  time  &  passed. 
"The  Bath  Town  Bill"  Read  the  third  time  &  passed  &  Ordered  lo  be 
Engrossed. 

Then  the  House  adjourned  untill  to-morrow  morning.  Ten  of  tlie 
Clock. 

Saturday  the  IG""     The  House  met  according  to  Adjournment. 
Present  The  Hon"'"  William  Smith  Esq"  President. 

!Nath'  Rice  Edw''  Moselev 

Rob'  Halton        Cullen  Pollock  )■  Esq"  Members 
Math"  Rowan     James  Murrf 


542  COLONIAL  RECORDS. 


,  The  Bill  for  building  a  Warehouse  upon  Seuppernong.  Read  the 
second  time  &  passed  with  Amendments. 

The  Bill  for  the  Parish  of  S'  Andrews  to  Elect  Vestrys.  Read  the 
second  time  &  passed. 

The  Clerks  Bill.  Read  the  second  time  &  passed  with  Amendments. 

Then  the  House  adjourned  until  tliree  of  the  Clock  in  the  afternoon. 


m      TT           bie  )  itob"  ilalton        Ji,ci\v"  ivioseiev  1  tt.    rs  at      i 
The  Honour""  <  ht^^uw  o t tvt "..  V  Esq"  Members 


Post  Meridian     The  House  met  according  to  Adjournment. 
Present  The  Hon""  William  Smith  Esq"  President. 
Rob'  Halton        Edw*  M(^selev 
Math"  Rowan     James  Murray 

M'  Farris  &  M'  Bould.  Brought  up  the  following  Bills,  Viz' 

The  Bath  Town  Ferry  Bill. 

The  Wilmington  Bill. 

In  the  Lower  House  read  the  tiiird  time  &  passed.  In  this  House 
read  the  third  time  &  passed.     Ordered  to  be  Engrossed. 

"The  Treasurers  Bill."  In  the  Lower  House  read  the  second  time  & 
passed.     In  this  House,  read  the  second  time  &  passed. 

"The  Bill  to  Enable  the  Parish  of  S' Andrews  to  Erect  Vestrys." 
In  the  Lower  House,  read  the  third  time  &  passed. 

"A  Bill  for  an  Additional  Act  to  an  Act  Entituled  An  Act  for  pro- 
viding his  Majesty  a  Rent  Role,  &  for  securing  his  Majestys  Rents,  & 
for  quieting  the  Inhabitants  in  their  possession,  &  for  the  better  Settle- 
ment of  His  Majesty's  Province  of  North  Carolina.  In  the  Lower 
House,  read  the  first  time  &  passed. 

M'  Craven  &  M"^  Benbury  Brougiit  up  a  Bill  to  prevent  mischiefs, 
and  111  Consequences  which  may  arise  by  slaves  unlawfully  assembling, 
and  also  to  prevent  Slaves  from  running  away,  or  assembling  themselves 
in  the  night  time  from  tlieir  Owners  Plantations,  or  Quarters,  &  for 
other  purposes  therein  mentioned.  In  the  Lower  House,  read  the  first 
time  &  passed. 

M'  Craven  &  M'  Blackball.  Brought  up  a  Bill  to  Confirm  the  Titles 
to  the  Town  Lands  of  Edenton,  for  securing  the  Priviledges  heretofore 
granted  to  the  said  Town,  aud  for  further  Encouragement,  and  better 
Regulation  thereof.     In  the  Lower  House  read  the  first  time  &  passed. 

M'  Lee  &  M'  Peyton.  Brought  up  a  Bill  to  Enable  the  Justices  to 
build  a  Warehouse  upon  Seuppernong.  In  the  Lower  House,  read  tiie 
third  time  &  passed. 

M'  Craven  &  M'  Blackball  Brought  up  the  Bill  for  Granting  an  Aid 
to  His  Majesty.     In  the  Lower  House  read  the  tiiird  time  &  passed. 

M'  Lee  &  M'  Peyton  Brought  up  the  Levingston  Creek  Bill.  In  the 
Lower  House  read  the  third  time  &  passed.     Ordered  to  be  Engrossed. 


COLONIAL  RECORDS.  543 


M'  Peyton  &  M"'  Benbnr}'  Brought  up  the  Clerks  Bill.  Li  the  Lower 
House,  read  the  third  time  &  pa.ssed. 

Then  the  House  Adjourned  until  Monday  Morning,  Ten  of  the  Clock. 

Monday  the  18'".     The  House  met  according  to  adjournment. 
Present  The  Hon"'  William  Smith  Esq'"  President. 
(  Nath'  Rice         Math"  Rowan  ~| 
The  Houour'"V  Rob'  Halton      Edw''  Moseley  VEsq"  Members. 

(  James  Murray  j 

The  Clerks  Bill  being  read  the  third  time  M'  Rice,  one  of  the  Mem- 
bers of  this  Board  produced  to  the  House  the  following  Objections,  to 
the  passing  the  said  Bill  which  he  desired  might  be  read. 
Which  accordingly  were  read  in  these  woi'ds,  Viz' 

Reasons  &  Objections  oiFered  by  Nathaniel  Rice  Esq"  Secretary  of  North 
Carolina,  against  the  passing  of  a  Bill  intituled  A  Bill  for  an  Act  to 
appoint  able  &  Skilful  Clerks  for  the  several  County  Courts  within 
this  Government,  and  for  the  better  securing,  and  safe  keeping  the 
Records  of  the  same. 

That  the  Nomination  of  the  Prec'  or  County  Clerks  seems  to  be  in- 
herent to,  &  is  a  priviledge  and  api)endage  of  tlie  Secretarys  OflSce,  as 
he  is  iiiform'd  in  all  Governments  where  there  are  Precincts  or  Countys, 
having  Courts  of  Judicature,  and  that  where  it  has  lieen  contested,  it 
has  always  been  given  in  favour  of  the  Secretary. 

Tliat,  he  has  always  put  in  for  Clerks,  the  fittest  persons  he  could 
find,  nor  has  any  complaint  been  made  to  him  of  their  unfitness,  save  in 
one  place,  and  upon  M'  Tart  a  Member  of  the  Lower  House  his  Rep- 
resenting it  to  him  a  new  Commission  was  Ordered  for  that  Clerkship 
immediately. 

And  whoever  has  the  superintendency  or  Appointment  can  do  no 
more  than  supply  what  is  wanting,  or  recktify  what  is  amiss  upon  In- 
formation which  had  he  ever  refused  to  do  there  might  indeed  have  been 
some  colour,  for  the  present  proceedings. 

But  so  far  from  that  upon  a  mere  surmise  &  Loose  report  without  any 
formal  complaint  being  preferred,  that  some  County  Clerks  were  negli- 
gent of  their  Duty  in  one  particular,  he  issued  circular  Letters  to  the 
Chairmen  of  the  several  County  Courts,  recommending  to  them  to  have  a 
strict  eye  upon  the  Clerks,  that  they  do  their  Duty,  and  desiring  to 
know  when  they  fail'd  therein  that  such  order  might  be  taken  in  Rela- 
tion to  such  Clerks  as  be  found  requisite  to  redress  any  Grievances  com- 
plained of. 


544  COLONIAL  RECORDS. 


That,  the  Appointment  of  the  Precinct  now  Connty  Clerks  by  the 
Secretary,  is  of  constant  &  uncontrolled  prescription  in  this  Province, 
from  the  very  infancy  of  the  Colony. 

That  he  never  could  learn  any  Inconvenience  to  have  resulted  from 
Clerks  holding  more  than  one  Clerkship,  those  persons  who  have  done, 
One  having  been  Deputy  to  the  Secretary  of  this  Province  for  seventeen 
years  past,  &  the  other  several  Years,  &  at  this  time  Clerk  of  the  Gen- 
eral Court,  both  persons  it  may  be  supposed  well  versed  in  Forensical 
Affairs,  &  who  have  taken  care,  so  to  instruct  their  Substitutes,  that  the 
business  of  their  Respective  Courts  have  not  at  any  time  suffered  by  the 
absence  of  the  Principal  or  Constituant,  who  by  the  way  have  generally 
officiated  at  the  Courts  in  Person.  Nor  till  now  did  he  the  Secretary 
ever  know  such  Plurality  to  have  been  made  a  subject  of  Complaint. 

That  the  Customary  consideration  &  acknowledgement  taken  by  the 
Secretary  for  the  said  Clerkships  is  so  inconsiderable,  as  not  to  be  worth 
mentioning,  barely  taking  so  far  from  being  a  Means  or  Occasion  of  the 
Clerks  taking  Exorbitant  Fees,  the  Sum  in  each  County  at  a  Medium 
from  the  time  of  his  arrival  in  the  Province,  not  exceeding  what  used 
to  be  taken  by  his  Predecessors.  Notwithstanding  the  great  increase  of 
Business  in  those  offices  of  late  Years,  And  that  if  exorbitant  Fees  have 
been  taken  by  any  of  them,  it  has  not  been  by  or  with  his  Encourage- 
ment or  Connivance. 

That  however  in  regard  some  of  the  Clerks  assisted  him,  in  carrying 
on  the  publick  Business  at  the  several  places,  where  the  same  has  been 
from  time  to  time  transacted ;  the  depriving  of  the  pri  viledge  of  appoint- 
ing such  Clerks,  does  in  Effect  render  his  Office  of  very  little  value, 
since  now  he  must  hire  Clerks  for  tiiose  services  at  least  in  two  places  of 
the  Government,  which  the  incomes  of  his  Post  will  by  no  means  bear 
or  afford,  from  which  Consideration  alone,  the  great  hardships  and  injus- 
tice of  this  Bill  will  appear  in  a  strong  Light  for  as  much  as  there  is  no 
Provision  by  way  of  Equivalent  or  Compensation  as  is  usual  in  such 
Cases;  &  which  was  observed  in  the  Case  of  the  late  Marshall  when  an 
Act  was  passed  to  take  away  his  office. 

Signed.  NATH'  RICE. 

Then  the  (piestion  being  put  whether  the  said  l>ill  should  pass  the 
third  time.  And  carried  in  the  Affirmative. 

Then  M'  Secretary  Rice  &  Edward  Moseley  Esq"  protested  against 
passing  the  said  Bill,  for  the  reasons  in  the  Protest  set  forth,  which  they 
desired  might  be  read,  and  Accordingly  the  same  was  read,  In  the  words 
Following,  Viz' 


COLONIAL  RECORDS.  545 


The  Protest  of  Nath'  Rice  &  Edw^  Moseley  Esq",  Two  of  tlie  Members 
of  His  Majesties  Council,  against  passing  the  Bill  for  an  Act  to  ap- 
point able  &  skilful  Clerks  for  the  several  County  Courts  within  this 
Government,  and  for  the  better  securing-  &  safe  keeping  of  the  Records 
of  the  Same : 

First.  For  that  the  Nomination  of  the  Precinct  or  County  Clerks,  has 
always  appertained  to  the  Secretary,  from  the  first  Settlement  of  the 
Colony. 

Second'^  That  it  doth  not  appear  that  one  single  Proof  hath  been 
Exhibited  of  any  Complaint  being  ever  made  to  the  Secretary  of  the 
unskilfulness  or  mismanagement  of  any  Clerk,  by  him  appointed. 

Third'''  That  it  doth  not  appear  that  the  Secretary  hath  taken  more 
from  his  Clerks,  one  with  another  than  was  accustomly  taken  by  all  his 
Predecessors. 

Fourth'''  For  that  no  Consideration  is  given  to  the  Secretary  by  way 
of  equivalent  for  the  loss  of  so  great  a  Branch  of  his  Office,  as  is  usually 
observed  in  such  Cases,  &  very  lately,  in  the  Case  of  the  Marshall's 
Office. 

Fifth'^  Were  this  Branch  of  his  Office  to  be  taken  from  him,  in  our 
Opinion,  it  ought  to  be  given  to  the  Justices  of  the  County  Courts, 
agreable  to  the  Constitution  of  our  Mother  Country,  where  the  Sheriffs, 
who  are  Judges  of  the  County  Courts,  appoint  the  Clerk  of  the  County. 
Sixth'^  The  Precaution  used  in  this  Bill  to  prevent  Clerks  from  being 
hereafter  Chosen  Representatives  in  Assembly  in  Order  to  prevent  a 
Dependancy,  seems  not  to  be  worded  so  as  to  avoid  the  intended  evil,  for 
why  ought  the  future  Clerks  to  be  excluded  from  sitting  any  more  than 
the  present  Members  of  Assembly,  who  have  left  room  for  themselves 
to  enjoy  those  Offices,  and  in  our  Opinion  they  ought  to  leave,  as  fair 
Room  for  their  Successors. 

Seventh'^  This  Bill  being  of  an  unusual  &  extraordinary  Nature  and 
Importance,  ought  not  to  pass  according  to  the  Royal  Instructions,  with- 
out a  Clause  therein  incerted,  suspending  and  deferring  the  Execution 
thereof, 'until  the  Royal  Pleasure  shall  be  known  concerning  the  same, 
with  the  greatest  Reason,  it  ought  to  be  so  in  this  Case,  no  care  being 
taken  to  Recompence  him  for  the  loss  he  shall  sustain,  during  the  time 
he  shall,  by  this  Act,  be  divested  of  that  Branch  of  his  Office,  in  case 
His  Majestv  shall  not  approve  thereof     Signed, 

NATff  RICE,  EDW*  MOSELEY. 

Ordered  that  the  said  Bill  be  sent  down  to  the  Lower  House  to  be 
Engrossed. 

Vol.  4—69 


546  COLONIAL  RECORDS. 


"  The  Bill  to  Confirm  the  Titles,  to  the  Town  Lands  of  Edentou." 
Read  the  first  time  &  passed. 

"The  Slave  Bill."  Read  the  first  time  &  passed. 

M'  Bould  &  M'  Sinclare  Brought  up  The  Treasurer's  Bill.  In  the 
Lower  House,  Read  the  Third  time  &  passed.  In  this  House  Read  the 
Third  time  &  passed.     Ordered  to  be  Engrossed. 

"The  Bill  for  Building  a  Warehouse  at  Scuppernoug." 

"The  Bill  to  enable  the  Parish  of  S'  Andrews  to  Elect  Vestrys." 
Read  said  Bills  the  Third  time  &  passed.     Ordered  to  be  Engrossed. 

Then  the  House  adjourned  until  to-morrow  morning,  Ten  of  the 
Clock 

Tuesday  the  19""     The  House  met  according  to  Adjournment. 
Present  The  Hon*"  William  Smitli  Esq"  President. 
(  Nath'  Rice         Math""  Rowan  | 
The  Honour^V  Rob'  Halton       Edw''  Moseley  VEsq"  Members. 
(  James  Murray.  J 

"  The  Additional  Quit  Rent  Bill."  Read,  &  ordered  to  Lye  upon  the 
Table. 

Upon  reading  the  Bill  for  granting  His  Majesty  an  Aid  etti,  the  Third 
time,  the  House  took  the  same  under  their  Consideration,  and  made  the 
several  Alterations,  as  in  the  following  Message,  Viz' 

M'  Speaker  &  Gent" 

Upon  reading  the  Third  time,  tiie  Bill  for  an  Act  for  granting  an  Aid 
to  His  Majesty  etc.  We  have  made  the  following  Amendments.  To  which 
Wee  desire  Your  Concurrence. 

Page  2'"'.  Rice  per.  Hund''  Seven  Shillings  and  Sixpence  prod"  Money 
....  for  tiiat  part  of  the  Province  only,  heretofore  known  by  the  Name 
of  Bath  County. 

2"''.  Pork  in  good  tight  Barrells,  at  One  Pound  seven  shillings,  like 
Money  f  '"■'^ 

8"".  And  in  that  Case  the  Justices  granting  such  Warr"  and  the  officer 
executing  it  shall  not  charge  the  Inspector  any  cost. 

11"".  Hogshead  of  Tobacco,  containing  at  least  seven  hundred  weight. 

lo"".  Debts  due  by  Judgment,  or  against  whom  Execution  shall  issue 
for  any  Debt  or  Debts  hereafter  to  be  contracted,  only  he  shall  carry  the 
Commodities  to  a  Publick  Warehouse  in  the  County  where  such  Debtor 
has  contracted  such  Debts. 

Which  was  sent  to  the  Lower  House  for  their  Concurrence. 

M'  Craven  &  M'  Blackball  Brought  up  the  following  Bills,  Viz' 

"  The  Slave  Bill." 


COLONIAL  RECORDS.  547 


"The  Bill  to  confirm  the  Titles  to  the  Town  Lands  of  Edenton." 
Li  the  Lower  House  read  said  Bills  the  second  time,  and  passed  witli 
Amendments. 

Then  the  House  adjourned  until  'iliree  of  the  Clock  in  the  afternoon. 

Post  Meridian.     The  House  met  according  to  Adjournment. 
Present  The  Hon"°  William  Smith  Esq"  President, 
r  Nath'  Rice       Edw"  Moseley  ~| 
The  Honour'-'V  Rob'  Halton    Cnllen  Pollock  VEsq"  Members. 
(  Math"  Rowan  James  Murray,  j 
Then  the  House  again  took  the  Subsidy  Bill  under  their  Considera- 
tion, and  after  some  Debate  thereon,  it  was  put  to  the  Vote  whether  the 
said  Bill  should  pass  upon  the  several  Amendments  made  in  the  morn- 
ing. Upon  which  the  Bill  was  carried  in  the  Affirmative.  And  ordered  to 
be  sent  down  to  the  Lower  House,  for  their  Concurrence,  with  the  fore- 
going Message,  which  was  accordingly  done. 

"  The  Bill  for  confirming  the  Edenton  Lands."  Read  the  second  time 
and  passed  with  Amendments. 

Then  the  House  adjourned  untill  to-morrow  morning,  Ten  of  the  Clock. 

Wednesday  the  20""     The  House  met  according  to  Adjournment. 
Present  The  Hon""  William  Smith  Esq"  President. 

f  Nath'  Rice  Edw*  Moseley  ] 

The  Honour^V  Rob'  Halton        Cullen  Pollock  V   Esq"  Members 

(  Math''  Rowan     James  Murray,  j 
M'  Farris  &  M'  Caroon  Brought  up  the  following  Message,  Viz' 

May  it  Please  youk  Hon" 

This  House  having  considered  the  Amendm'*  made  by  you  in  the  Bill 
for  Granting  an  Aid  to  His  Majesty  cannot  concur  to  these  Amendments 
following.  Viz' 

First.  To  lesson  the  rate  of  the  Rice  to  the  price  of  7'  6'^,  and  that  the 
same  be  taken  only  in  Bath  County. 

Second'^.  To  lessen  tht^*  price  of  Pork  27'  '^  Ban-"  nor  to  raise  the 
Weight  of  a  Hogsiiead  of  Tobacco  from  500  to  700. 

Upon  which  Articles  this  House  desires  a  Conference,  and  that  you 
will  appoint  the  time. 

The  House  on  reading  the  above  Message  was  pleased  to  send  the  fol- 
lowing Answer  Viz' 
M'  Speaker  &  Gent" 

In  Answer  to  your  Message  relating  to  the  Amendments  in  the  Sub- 
sidy Bill,  this  House  does  assent  to  tiie  Conference  &  is  ready  to  receive 
your  House  immediately. 


548  COLONIAL  RECORDS. 


M'  Craven  &  M'  Blackhall  Brought  up  the  Bill  for  confirming  the 
Edentou  Lands.  In  the  Lower  House  read  tiie  Third  time  &  passed 
with  Amendments. 

M'  Speaker  attended  by  the  House,  waited  upon  this  House  in  tiie 
Council  Chamber  to  confer  upon  the  Articles  of  Amendments  recited  in 
tiie  foregoing  last  mentioned  Message,  and  after  some  time  spent  in  debate 
withdrew  to  their  House  again. 

AP  Montgomery  &  M' Starkey  Brought  up  the  following  Message  Viz' 

May  it  please  youe  Hon" 

This  House  upon  debating  the  Matters  on  the  three  Articles  in  Con- 
ference witli  you,  come  to  the  following  Resolutions. 

First.  That  Pork  be  incerted  in  the  Bill  at  Thirty  Shillings,  but 
pickled,  instead  of  Dry  salted. 

Second'''.  That  Rice  be  incerted  at  8'  4*,  but  shall  extend  to  all  parts  of 
this  Province. 

Third'^.  That  to  the  Article  of  Tobacco  contained  in  a  Hogshead,  this 
House  concurs. 

To  the  foregoing  Two  Articles,  this  House  desires  your  Hon"  Concur- 
rence. And  also  that  it  may  be  incerted  that  Beef  be  pickled. 

To  which  tills  House  was  pleased  to  send  the  following  answer  Viz' 

Mr  Speaker  &  Gent" 

In  answer  to  your  Message  desiring  our  Concurrance  with  some  Reso- 
lutions of  your  House  since  the  Conference,  Wee  must  inform  you  have 
proceeded  upon  a  mistake,  for  it  is  the  opinion  of  this  House,  that  since 
tlie  Conferrence  was  after  the  third  reading  of  the  Bill  in  both  Houses, 
Wee  could  only  in  that  Conference  give  our  reasons  for  making  the 
Amendmen'^  but  cannot  consistant  with  the  Rules  of  Parliament  recede 
from  any  of  these  Amendments. 

The  Bill  for  confirming  the  Edenton  Lands  etc.  Read  the  third  time 
&  passed.     Ordered  to  be  Engrossed. 

Then  the  House  Adjourned  until  to-morrow  morning,  Ten  of  tlie 
Clock. 

Thursday  the  21" 

Present  The  Hon""  William  Smith  Esq"  President. 

r  Nath'  Rice  Edw"  Moseley     ] 

The  Honour""    <^  Rob'  Halton       Cullen  Pollock     V  Esq"  Members. 

( Matli"  Rowan    James  Murray    ) 
M'  Blackhall  &  M'  Craven  brought  up  the  following  Message.  Viz' 
This  House  having  taken  into  Consideration  the  Matters  in  Conference 
in  the  Bill  for  granting  an  Aid  to  his  Majesty  etc.  Resolved  to  concurr 
with  vour  Amendments. 


COLONIAL  RECORDS.  549 


To  which  this  House  was  pleased  to  send  the  following  Answer. 

M'  Speaker  &  Gent" 

As  you  have  concurred  witli  our  Amendments  made  in  the  Bill,  for 
granting  an  Aid  to  His  Majesty.  This  House  desires  tiie  same  to  be  En- 
grossed. 

M"  Casteiaw  &  M'  Starky  hrougiit  uj)  the  following  Message,  Viz' 

May  it  please  your  Hon" 

This  House  taking  into  Consideration  the  Letter  from  the  society  for 
jiropogating  tlie  Gospel  in  foreign  Parts,  recommending  M'  Garzia  to 
have  free  Passage  over  the  Rivers  within  Ids  Mission,  have  Resolved, 
that  all  Missionaries  within  this  Province,  pass  free  from  paying  any 
Money,  for  their  Ferrage  over  the  Rivers  within  their  respective  Mis- 
sions, And  that  the  several  Persons  who  keep  snch  Ferrys,  shall  have  a 
claim  on  and  be  paid  by  the  Publick  for  such  service.  To  which  Wee 
desire  your  Hon"  Concurrence. 

On  reading  the  aforesaid  Message  the  House  concurred  with  the  same, 
the  Ferry  Man  producing  a  Certificate. 

Then  His  Excellency  came  to  the  House,  &  sent  a  Mandate  to  the 
Lower  House  Ordering  their  immediate  attendance,  with  such  Bills  as 
were  ready.  Whereupon  the  Ijower  House  in  full  body  waited  upon  His 
Excellency  and  this  House  in  the  Council  Chamber,  &  presented  to  His 
Excellency  the  following  Bills.  Viz' 

"The  Edenton  Church  Bill." 

"The  Parish  of  S'  Andrews  electing  Vestrymen." 

"The  Bill  for  building  a  Warehouse  on  Scuppernong,"  etc. 

"The  Bath  Town  Road  Bill." 

"The  Newbern  Church  Bill." 

"The  Bath  Town  Ferry  Bill." 

"The  Clerks  Bill." 

"The  Wilmington  Bill." 

"The  Treasurers  Bill." 

"The  Edenton  Town  Land  Bill." 

"The  Lexington's  Bridge  Bill." 

To  which  His  Excellency  was  pleased  to  give  His  Assent.  And  then 
left  the  House. 

Then  the  Speaker,  Attended  by  the  Lower  House,  withdrew  to  their 
House 

Then  the  House  Adjourned  untiil  Three  of  the  Clock  in  the  afternoon. 


550  COLONIAL  RECORDS. 


Post  Meridian     The  House  met  according  to  Adjournment. 

Present  The  Hon'"'*  William  Smith  Esq"  President. 

(  Natii'  Rice       Math  Rowan    ^ 

The  Honour"'"  ^  Rob'  Halton    Edw*  Moseley  V  P^sq"  Members 

(  James  Murray  ) 

M'  Blackball  &  M'  Craven  Brouoht  up  the  following  Message,  Viz' 

May  it  please  youk  Hon" 

This  House  having  resolved  that  M"'  Craven  lay  out  a  sum  not  Exceed- 
ing One  hundred  Pounds,  for  repairing  the  Council  C!hamber  at  Edenton, 
against  next  Session  of  Assembly,  and  that  lie  be  refunded  by  the  Pub- 
lick,  to  which  we  desire  your  Plon"  Concurrence.  Concurred  with  by 
this  House,  &  sent  down  to  the  Lower  House. 

M'  Farris  &  M'  Peyton,  Brought  up  the  Militia  Bill.  In  the  Lower 
House,  read  the  Third  time  &  passed.  In  this  House  read  the  Third 
time  &  passed.     Ordered  to  be  Engrossed. 

Then  the  House  Adjourned  until  to-morrow  morning.  Ten  of  the 
Clock. 

Fryday  the  22°''     The  House  met  according  to  Adjournment. 
Present  The  Hon""  William  Smith  Esq"  President. 
[  Nath'  Rice         Math"  Rowan  ~| 
The  Honour^V  Rob'  Halton       Edw''  Moseley  VEsq"  Members 
(  James  Murray  J 

Then  His  Excellency  came  to  the  House,  and  was  pleased  to  Com- 
mand the  Immediate  Attendance  of  the  Lower  House.  With  such  Bills 
as  were  ready. 

Whereupon  the  Speaker,  Attended  by  the  Lower  House,  waited  upon 
His  Excellency  in  the  Council  Chamber.  And  presented  to  His  Excel- 
lency the  following  Bills.  Viz' 

"The  Bill  for  granting  his  Majesty  an  Aid. 
"  The  Militia  Bill 
To  which  His  Excellency  assented. 

Then  His  Excellency  was  pleased  to  make  the  following  Speech  to 
Both  Houses. 

Gentlemen  of  His  Majestys  Council  M'  Speaker  &  Gentle- 
men OF  THE  House  of  Burgesses. 

I  cannot  put  an  End  to  this  session,  without  expressing  the  highest 
satisfaction  with  the  many  great  &  Eminent  Services,  you  have  done 
your  King  &  County,  during  this  time  of  your  sitting  the  Laws  you 
have  passed,  whether  Publick  or  of  a  more  private  Nature,  are  such  as 
will  convince  the  People  you  Represent  how  much  you  had  their  Inter- 


COLONIAL  RECORDS.  551 


est,  and  the  Publick  good  at  heart,  And  they  are  more  in  number,  than 
ever  were  made  by  any  Assembly  in  this  Colony  before. 

It  was  a  great  pleasure  to  me  at  the  beginning  of  your  Meeting  to 
observe  you  so  unanimous  in  your  Resolutions  to  assist  His  Majesty  to 
do  himself  &  his  injured  Subjects  justi(«,  against  an  insolent  and  barba- 
rous Enemy,  and  if  you  had  not  been  able  to  execute  these  Resolutions 
by  reason  of  your  different  opinions  as  to  the  manner  of  doing  it,  I 
should  have  imputed  this  misfortune  to  any  other  Cause,  rather  than 
your  want  of  Loyalty  &  Regard  to  His  Majesty. 

You  have  now  given  evident  Proof  of  your  unfeigned  zeal,  for  His 
Majestys  Service,  and  considering  the  Circumstances  of  the  Country, 
contributed  as  Liberally  as  any  of  our  Neighbouring  Colonys  the  Funds 
you  have  granted  are  indeed  rather  too  remote  to  answer  the  immediate 
and  pressing  Demands  for  Embarking  the  Troops,  but  as  there  was  no 
possibility  of  avoiding  this,  as  the  affair  of  the  Province  stand  at  pres- 
ent, so  I  must  do  you  the  Justice  to  take  Notice  that  nothing  has  been 
wanting  on  your  parts,  to  prevent  tiie  bad  Consequences  that  may  arise 
from  it. 

I  shall  take  care  to  Represent  in  the  pi-oper  place  with  what  cheerful- 
ness and  willingness  you  have  complyed  with  His  Majestys  Demands, 
and  how  much  his  Subjects  in  this  Province  deserve  his  Countenance 
and  Protection  and  I  shall  be  particularly  carefull,  that  what  Taxes  you 
have  now  laid  on  shall  be  prudently  &  frugally  managed,  and  what  sav- 
ing can  be  made  afler  paying  the  service  of  the  intended  Expedition, 
shall  be  fairly  accounted  for,  and  left  entirely  at  your  Disposalls. 

Gentlemen  of  the  House  of  Burgesses. 

The  Method  you  have  prescribed  this  Sessions,  for  paying  Publick 
Levys  by  the  produce  of  the  Country,  will  I  hope  very  much  quiet  the 
minds  of  the  People,  and  be  attended  with  all  the  other  good  Effects  you 
intend  from  it.  I  heartily  wish  it  may  lay  a  lasting  foundation  for  the 
publick  Peace  &  Tranquility,  and  made  the  necessary  Charges  of  Gov- 
ernment easy  to  the  People. 

I  flatter  myself  I  shall  have  the  pleasure  of  meeting  yon  in  the  same 
liappy  Temper  and  Disposition  next  Spring,  and  against  that  time  you 
will  think  of  some  proper  and  effectual  means  of  Revising  &  Reform- 
ing your  Laws  and  getting  them  printed  which  is  absolutely  necessary 
for  the  Security  of  your  Liberties  &  Properties. 

GAB:  JOHNSTON. 

Then  His  Excellency  was  pleased  to  prorogue  this  Assembly,  to  the 
last  Tuesday  in  February  next. 


552  COLONIAL  RECORDS. 


North  Carolina — ss. 

At  ail  Assembly  begun  &  liekl  at  New  Bern  the  lit'th  day  of  Feb'^ 
Anno  Domini  One  thousand  seven  Hundred  &  thirty  nine  in  the  four- 
teentli  year  of  the  reign  of  Our  Sovereign  Lord  George  the  Second  by 
the  Grace  of  God  of  Great  Britain  France  &  Ireland  King  &c.  and 
from  thence  continued  by  prorogation  to  the  second  Tuesday  in  Novem- 
ber one  thousand  seven  Hundred  and  forty  (at  Edenton  the  thirty  first 
day  of  July  Anno  Domini  one  thousand  seven  Hundred  and  fort}') 
being  the  second  Session  of  this  present  Assembly. 

Thirty  five  Members  appeared  and   took   the  Oaths  by  law  appointed 

Pursuant  to  a  Writt  to  the  Sheriff  of  New  Hanover  County  directed 
Commanding  the  s''  Sheriff  to  summon  the  freeholders  of  Wilmington 
to  elect  and  choose  a  person  qualified  tt>  sit  and  vote  in  the  Gen"  Assem- 
bly of  this  Province 

Returned  W™  Farris  Esq™  duly  chosen  a  Representative  for  the  s'* 
Town. 

The  s''  Wm.  Farris  appeared  &  took  the  Oaths  by  law  appointed  for 
his  qualification  &  subscribed  the  test  &  took  his  seat  in  the  House 
accordingly 

Received  a  Message  from  his  Excel"^  the  Governour  commanding  the 
immediate  attendance  of  this  House 

The  House  in  a  full  body  waited  upon  His  Excellency  the  Gov'  pur- 
suant to  the  s"*  Message  when  his  Excellency  was  pleased  to  make  the 
following  Speech 

Gent"  of  His  Majesty's  Council  M"'  Speaker  &  Gent"  of  the 

House  of  Burge.sses 

I  have  summoned  you  to  meet  in  Assembly  before  the  time  of  your 
last  prorogation  is  expired  in  order  to  lay  before  you  some  Instructions 
I  have  lately  received  from  the  King  the  Execution  of  which  will  admit 
of  no  delay — What  his  Majesty  asks  and  expects  from  his  Loyal  and 
Faithfull  subjects  of  this  Province  is  so  evidently  just  and  reasonable 
in  itself  so  visiblj'  calculated  for  the  advantage  of  all  the  American 
Colonies  and  demanded  in  so  Gracious  and  condec'ending  a  manner  that 
I  cannot  make  the  least  doubt  of  your  ready  and  cheerfull  complyance. 

In  so  critical  a  Juncture  as  this  when  the  true  and  real  foundation  of 
the  War  is  the  Cruel  and  Insolent  Interuption  of  the  Navigation  and 
Commerce  betwixt  his  Majestys  Subjects  in  America  and  Great  Britain 
when  the  Honour  and  dignity  of  his  Crown  is  so  openly  insulted  and 
your  Neighbouring  Colonies  have  unasked  raised  much  larger  supplies 
than  are  now  proposed  to  you,  I  am  confident  that  your  Conduct  oo  this 


COLONIAL  RECORDS.  00.3 


occasion  will  convince  the  World  how  ready  you  are  to  assert  the  Honour 
of  tlie  English  name  and  to  revenge  the  cruel  and  horrid  usuage  your 
Fellow  subjects  have  met  with  from  a  Barbarous  and  Insolent  Enemy. 
I  shall  therefore  content  myself  with  barely  laying  before  you  what 
assistance  his  Majesty  [expects]  from  you  at  this  time  and  shall  not 
recommend  affairs  of  a  different  nature  to  your  consideratiou  at  a  season 
when  it  is  impossible  your  session  can  last  long.  Only  I  must  once  more 
remind  you  that  it  is  high  time  this  Province  had  a  good  Militia  when 
the  war  is  brought  to  our  very  door.  GAB:  JOHNSTON. 

Then  his  Excellency  was  pleased  to  order  the  following  Instructions 
from  his  Majesty  to  be  laid  before  this  House  (viz') 

Part  of  the  first  Instruction. 

We  have  also  determined  to  raise  a  body  of  Troops  in  our  Colonies 
on  the  Continent  of  North  America  to  joyn  those  to  be  sent  from  hence 
at  a  particular  rendezvous  which  will  be  appointed  for  that  purpose  and 
to  Act  in  conjunction  with  them  under  the  Command  of  our  said 
General  in  such  dispositions  as  shall  be  made  for  our  Service  and  altho 
we  have  not  thought  fit  to  fix  any  particular  Quota  for  our  province  of 
North  Carolina  under  your  Government  because  we  could  not  set  Bounds 
to  their  zeal  for  our  service  yet  considering  the  Great  Number  of  Inhabi- 
tants in  our  said  Province  and  that  they  have  of  late  years  been  very 
much  increased  we  doubt  not  iu  the  least  but  they  will  exert  themselves 
upon  this  occasion  as  far  as  the  circumstances  of  the  Colony  will  allow 
being  assured  they  cannot  render  a  more  acceptable  service  to  us  and  to 
their  Mother  Country  nor  do  anything  more  essential  for  their  own 
Interest. 

Article  8*^  But  we  trust  and  expect  that  our  Assembly  of  North  Caro- 
lina will  provide  Victuals  transports  and  all  other  uecessarys  tor  the 
troops  to  be  raised  in  our  province  except  their  Cloaths,  Tents,  arms 
amunition  and  pay  till  their  arrival  at  the  General  Rendezvous  in  the 
West  Indies  from  which  time  the  said  Transports  shall  enter  into  our 
pay  and  you  are  hereby  directed  without  loss  of  time  to  recomend  to  the 
said  Assembly  in  our  name  to  make  such  provision  that  the  Expedition 
may  not  be  retarded  for  want  thereof. 

Article  12*  We  depend  upon  your  punctual  Complyance  with  these 
<iur  Instructions  we  recomend  the  several  matters  therein  contained  to  you 
our  Governour  to  our  Council  to  our  Assembly  and  to  all  other  our 
good  subjects  in  North  Carolina  so  far  as  may  concern  them  respectively 
and  we  do  expect  that  you  should  In-  the  first  and  every  occasion  that 
Vol.  4—70 


554  COLONIAL  RECORDS. 


may  offer  send  u.s  a  full  and  clear  acoount  of  your  proceedings  therein 
l)y  letters  to  one  of  our  Secretarys  of  State. 

Signed  GAB:  JOHNSTON. 

Then  the  House  returned  and  the  aforesaid  Speech  and  Instruction 
were  read  by  the  Clerk  before  the  House. 

Ordered  That  John  Montgomery  Esq"  M'  Farris  M'  Starkey,  M' 
Hunter  and  M''  Scarborough  draw  an  address  to  his  Excellency  in 
answer  to  the  foregoing  Speech. 

M'  Montgomery  and  M'  Craven  went  to  the  upper  House  and  ac- 
quainted them  it  was  the  desire  of  this  House  that  they  would  be  pleased 
to  send  two  of  their  Members  to  this  House  to  qualify  the  Member 
newly  chosen  for  Wilmington  and  those  Members  who  now  appear  and 
were  not  before  qualified. 

Then  appeared  M''  George  Power  M'  Will"  Kenneday  M'  Stevens  Lee 
and  M'  Caleb  Sawyer  and  took  the  Oaths  by  Law  appointed  for  their 
Qualification  and  took  their  seats  in  the  House  accordingly. 

The  Motion  was  made  and  the  Question  was  put  whether  Peter  Young 
or  John  Dayly  be  appointed  Messenger  to  this  House  this  present  Ses- 
sion which  was  carried  in  favour  of  John  Dayly  and  he  was  appointed 
and  qualified  accordingly. 

The  Motion  was  made  and  the  Question  was  put  whether  Laws  Predy 
or  Thomas  Callaway  be  appointed  doorkeeper  to  this  House  this  present 
session  and  carried  in  favour  of  Thomas  Callaway  and  he  was  accord- 
ingly appointed  and  qualified. 

M'  Speaker  acquainted  this  House  it  was  necessary  this  House  should 
send  to  his  Excellency  desireiug  he  would  be  pleased  to  communicate  to 
this  House  the  Original  Instructions  signed  by  his  Majesty  and  other 
Letters  referred  to  in  his  Excellency's  Speech. 

Sent  the  following  Message  to  his  Excellency  the  Governour  (viz') 

May  it  please  youe  Excellency 

As  it  is  usual  when  a  Matter  of  the  Nature  recommended  in  your 
Excellency's  Speech  is  required  by  the  Crown  the  Original  Instructions 
and  Letters  are  usually  communicated  to  this  House. 

This  House  therefore  request  the  sight  of  the  Original  Instructions 
signed  by  his  Majesty,  and  other  Letters  referred  to  in  your  Excellency's 
Speech. 

Received  the  following  Message  from  his  Excellency  the  Gov'  viz' 


COLONIAL  RECORDS.  555 


July  31"  1740. 
M'  Speaker 

Tho  I  am  of  opinion  that  your  House  has  no  right  to  demand  a  sight 
of  my  original  Instructions  yet  upon  this  occasion  where  the  Honour 
and  Intrest  of  every  Englishman  is  so  nearly  concerned  I  can't  forbear 
sending  you  the  Duke  of  Newcastle's  Letter  to  me  and  his  Majestys 
original  Instructions  signed  by  himself  and  under  his  sign  manual  by 
M"'  Harrison  to  be  read  to  the  Members  of  your  house  and  returned  to 
me  by  him  but  I  desire  you  may  take  notice  that  this  is  not  to  be  drawn 
into  a  President.  GAB :  JOHNSTON. 

A  Committee  of  the  following  persons  were  appointed  to  consider  of 
ways  and  means  to  raise  money  for  defraying  the  charge  of  transporting 
his  Majesty's  Troops  raised  in  this  Province  to  the  place  appointed  for  a 
General  Rendezvous  of  his  Majesty's  American  Troops  (viz')  John  Mont- 
gomery Esq"  M"'  Farris,  M'  Starkey,  M"'  Hunter,  M'  Scarbrough,  M' 
Roberts,  M'  Blount,  M'  Castlelaw,  M'  Hill,  M'  Alderson,  M'  Craven, 
M'  Smithwick  and  M'  Peyton. 

The  House  adjourned  till  to-morrow  3  o'clock  afternoon 

Friday  the  1st  of  August  1740.  The  House  met  according  to  adjourn- 
ment. 

Reported  by  M'  Montgomery  from  the  Committee  appointed  to  draw 
an  address  to  his  Excellency  that  they  had  prepared  one  which  he  read 
in  his  place. 

Ordered  the  same  be  engross'd  and  presented  to  his  Excellency  to- 
morrow. 

Reported  by  M'  Montgomery  from  the  Committee  for  considering  way 
and  Means  for  &c:  as  follows.  That  the  Committee  thought  it  the  most 
speedy  for  raising  supplies  for  transporting  the  Troops  &c:  to  emit  a 
certain  Quantity  of  New  Bills  for  that  purpose  and  that  this  House 
would  address  his  Excellency  to  know  whether  he  would  assent  to  a 
New  Emission  of  Bills. 

M"'  Blackball  and  M'  Craven  waites  on  his  Excellency  the  Governour 
to  know  when  he  would  be  pleased  to  receive  the  address  of  this  House, 
returned  and  acquainted  this  House  his  Excellency  would  receive  them 
to-morrow  morning. 

Ordered  That  M'  Blaekhall,  M'  Scarbrough,  M'  Hunter,  M'  Farris 
and  M'  Roberts  do  bring  in  a  Bill  for  regulating  the  Militia  of  this 
Province. 

The  House  adjourned  till  to-morrow  7  "clock. 


556  COLONIAL  RECORDS. 


Saturday  the  22*  of  August  1740.  The  House  met  according  to 
adjournment. 

His  Excellency  the  Governour  sent  to  this  House  acquainting  them  he 
was  ready  to  receive  their  address  and  commanded  their  attendance  in 
the  Council  Chamber. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Governour  and _ 
presented  the  following  Address  (viz') 

North  Carolina 

To  his  Excellency  Gabriel  Johnston  Esq"  Cap'  Gen"  and  Gov'  in  Chief 

in  and  over  the  said  Province. 

The  Humble  Address  of  the  General  Assembly  of  the  said  Province. 
May  it  please  your  Excellency 

We  his  Majesty's  most  dutifull  and  Loyal  Subjects  the  representatives 
of  the  People  of  North  Carolina  in  General  Assembly  met  return  our 
humble  thanks  to  your  Excellency  for  your  Speech  to  us  at  the  opening 
of  this  session  of  Assembly  and  for  the  good  opinion  you  therein  express 
of  us. 

We  are  fully  assured  of  his  Majesty's  Zeal  to  promote  the  happiness  of 
all  his  subjects  that  we  should  [not]  be  wanting  in  our  Duty  to  so  gracious 
a  Prince  should  we  not  chearfully  contribute  to  the  utmost  of  our  power 
in  assisting  our  Sovereign  to  assert  the  Honour  of  the  English  name  and 
to  revenge  the  cruel  usuage  our  fellow  subjects  have  met  with  for  many 
years  past  from  a  Barbarous  and  haughty  Nation. 

We  are  sorry  that  the  circumstances  of  this  Colony  will  not  permit  us 
to  raise  so  large  a  supply  as  would  fully  convince  the  world  that  no  peo- 
ple of  any  Province  have  greater  Zeal  for  the  honour  of  his  Majesty  and 
his  Crown  and  the  prosperity  of  his  people  than  we  have  yet  we  assure 
your  Excellency  that  no  Colony  hath  with  more  chearfullness  contributed 
than  we  shall  to  forward  tiie  intended  decent  upon  some  of  the  Span- 
ish Colonies  and  altho  we  are  truly  sensible  that  no  Governour  in  America 
can  be  more  Zealous  than  your  Excellency  for  the  Honour  and  Interest 
of  his  Majesty.  Yet  we  are  as  well  assured  by  the  tender  regard  we 
have  allways  found  your  Excellency  show  for  .the  prosperity  and  happi- 
ness of  this  Province  that  you  will  not  expect  any  greater  assistance  from 
us  than  what  you  know  our  circumstances  will  permit. 

We  beg  leave  to  assure  your  Excellency  that  we  sincerely  wish  that 
his  Majesty  may  not  only  now  but  at  all  times  Triumph  over  his  Ene- 
mies and  that  his  reign  may  be  long  and  prosperous  and  that  your  Ex- 
cellency's mild  and  prudent  Administration  of  this  Province  under  him 
may  long  continue. 


COLONIAL  RECORDS.  557 


M'  John  Dawson  one  of  the  Members  of  Bertie  County  appeared  and 
took  liis  seat. 

John  Montgomery  Esq"  moved  this  House  that  a  Message  be  sent  to 
iiis  Excellency  the  Governour  desireing  he  would  be  pleased  to  acquaint 
this  House  what  Quantity  of  Troops  are  to  be  provided  for  here  and 
where  they  are  to  be  transported  to. 

Sent  the  following  Message  to  his  Excellency  the  Gov' 

May  it  please  your  Excellency 

This  House  having  resolved  that  to  emit  a  certain  Quantity  of  New 
Bills  will  be  the  most  speedy  way  to  defray  the  Expences  of  transport- 
ing the  Troops  to  be  raised  in  this  Colony  desire  your  Excellency  would 
be  pleased  to  acquaint  this  House  if  your  Excellency  would  be  pleased 
to  assent  to  an  Act  for  that  purpose  and  that  your  Excellency  would 
acquaint  this  House  what  number  of  Troops  are  to  be  provided  for,  and 
where  to  be  transported  to,  that  this  House  may  proceed  accordingly. 

To  which  His  Excellency  answered  he  had  possitive  orders  not  to 
assent  to  any  Act  for  emitting  of  New  Bills  unless  there  was  a  suspend- 
ing Clause  that  it  should  not  take  Effect  till  his  Majesty's  pleasure  should 
be  known  and  that  to  the  other  part  of  the  Message  he  would  send  an 
answer  on  Monday  next. 

Whereupon  it  was  ordered  that  the  Committe  appointed  to  consider 
ways  and  means  &c:  do  sit  again  this  afternoon  to  consider  of  other 
ways  &c : 

M'  Craven  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to  finish  the 
Church  allready  begun  at  Edenton. 

Ordered  M'  Craven,  M'  Blackball  and  M'  Montgomery  do  propose 
and  bring  in  the  same. 

Read  the  Petition  of  John  Ackerman  of  Tyrel  County  Praying  to  be 
Exempt  from  paying  parish  dues  and  taxes.     The  same  Granted 

The  House  Adjourned  till  Monday  10  "Clock. 

Monday  the  4""  of  August  1740.  The  House  met  according  to  Ad- 
journment. 

M'  James  Summer  one  of  the  Members  of  Pequimons  County  ap- 
pear'd  and  took  his  seat  in  the  House. 

The  House  adjourned  till  to-morrow  10  "Clock 

Tuesday  the  S""  of  August  1740.  Tiie  House  met  according  to  Ad- 
journment. 

John  Montgomery  Esq"  from  the  Committe  appointed  to  find  ways 
and  means  to  raise  money  for  defraying  the  Charge  of  Transporting  his 


558  COLONIAL  RECORDS. 


Majesty's  Troops  raised  in  this  Province  &c :  Reported  tlie  following 
Resolves  of  the  said  Committe  and  submitted  them  to  the  House  for 
approbation. 

r'  Resolved  That  a  Levy  in  Proclamation  Money  f  Tithable  be  laid 
upon  the  Inhabitants  of  this  Province  that  the  said  Tax  be  paid  within 
one  year 

2°*  Resolved  That  the  said  Tax  be  paid  by  the  following  Commodi- 
ties, (viz') 

Proc'  Money 

"  Pork  in  Barrels  at  the  rate  of £1   "     2  "     6 

"Beef  in  Barrels  at 0"]7"     6 

"Tob°f  Hundred  w' 0  "  10  "     0 

"  Rice  f  Hundred  w'     0"     7"     6 

"Deer  Skins  f  Pound 0  "     2  "     6 

"Bees  Wax  f  Pound 0  "     0  "   10 

"  Tallow  f  ditto  0"     0"     3 

Resolved,  that  the  Inhabitants  of  that  part  of  the  Province  heretofore 
called  Albemarle  County  [pay]  this  Levy  at  the  places  in  their  respective 
Countys  where  his  Majestys  Quit  rents  are  paid  into  the  hands  of  In- 
spectors to  be  appointed  by  each  County  Court. 

Resolved  tliat  a. substantial  ware  house  be  built  at  the  most  convenient 
Landing  in  each  County  in  that  part  of  the  Province  heretofore  called 
Bath  County  for  the  safe  keeping  the  Comodities  to  be  paid  for  this  and 
all  other  Taxes 

Resolved  That  tlie  Inhabitants  of  that  part  of  the  Province  shall  pay 
this  Tax  at  the  Ware  Houses  which  shall  be  built 

Resolved  That  each  County  Court  of  this  Province  be  impowered  to 
appoint  an  Inspector  who  shall  have  the  same  power  to  inspect  the  Com- 
modities which  shall  be  paid  for  the  aforesaid  Tax  as  the  Inspectors 
appointed  by  virtue  of  the  Quit  Rent  Law  subject  to  the  same  regula- 
tions 

Resolved  That  the  Inspectors  so  appointed  shall  give  accounts  or 
notes  to  the  Inhabitants  for  the  Commodities  paid  in  discharge  of  the 
said  Tax 

Resolved  That  Commissioners  be  appointed  to  contract  with  such 
persons  as  shall  be  willing  to  transport  the  aforesaid  Ti'oops  and  that 
the  said  Commissioners  be  impowered  to  sell  and  dispose  of  the  Com- 
modities which  shall  be  paid  to  the  Inspectors. 

Resolved  That  what  Bill  money  of  this  province  shall  be  paid  in 
satisfaction  of  the  above  Levy  shall  be  paicl  at  the  rate  of  seven  for  one 
Ex"  from  Proclamation  Money. 


COLONIAL  RECORDS.  559 


The  Committe  also  inform  this  House  that  it  is  their  opinion  tiiat  ail 
Taxes  whatsoever  ought  to  be  paiil  in  the  aforesaid  manner  and  likewise 
all  fines  and  forfeitures  Signed  J :  MONTGOMERY 

Cha — man 

Ordered  That  M'  Roberts,  M'  Starkey  and  M'  Farris  do  prepare  and 
bring  in  a  Bill  pursuant  to  the  said  Resolves 

It  was  moved  by  M'  Farris  and  seconded  by  M'  Bartram  that  Hemp 
and  Flax  be  incerted  in  the  said  Bill  and  paid  at  the  same  rates  as  in 
the  Quit  rent  act  and  passed  Nem :  Contradicente 

Ordered  That  M'  Stevens  Lee  and  M'  Smithwick  do  prepare  and 
bring  in  a  Bill  for  an  Act  to  erect  an  Inspecting  House  in  Tyrel  County 
at  a  more  convenient  place  than  M"'  Joseph  Spruils 

Ordered  That  M'  Hunter  and  M'  Montgomery  do  prepare  and  bring 
in  a  Bill  for  an  Act  to  enable  the  Parishes  of  S'  Andrew  in  Tyrel  County 
and  the  S°  West  parish  of  Pasquotank  County  to  choose  a  Vestry  for 
the  ensuing  year  they  having  neglected  to  choose  according  to  Law. 

The  House  Adjourned  till  4  "Clock  in  the  afternoon 

The  House  met  according  to  Adjournment. 

M'  Jos :  Tart  one  of  the  Members  of  Hyde  County  appeared  and  took 
his  seat  in  the  House. 

M'  Hunter  brought  in  a  Bill  for  an  act  for  regulating  the  Militia  of 
this  Province  which  he  read  in  his  place.  Ordered  The  same  lye  on 
the  Table  for  Consideration. 

Read  the  Petition  of  Tho :  Cornice  of  Chowan  County  Praying  to  be 
Exempt  from  paying  Levies  &c:     The  same  Granted. 

Read  the  Petition  of  Thomas  Bedford  of  Tyrel  County  Prajnug  to  be 
exempt  from  paying  publick  Taxes  and  all  publick  services.  The  same 
Granted 

Read  the  Petition  of  Neal  Cahon  of  Tyrel  County  Praying  to  be 
exempt  from  paying  publick  Taxes  and  all  publick  services.  The  same 
Granted. 

Read  the  Petition  of  John  Martin  of  Pasquotank  County  Praying  as 
before     Rejected 

The  House  adjourned  till  to-morrow  10  "Clock. 

Wednesday  the  6*  of  August  1740.  The  House  met  according  to 
adjournment. 

M'  Tho:  Bryant  one  of  the  Members  for  Bertie  County  appeared  and 
took  his  seat  in  the  House 

Ordered  That  M'  Lovick  and  M'  Lee,  M"^  Castelaw,  M'  Hunter,  M"^ 
Blount  M'  Peyton  and  M'  Dawson  be  added  to  the  Persons  appointed 


560  COLONIAL  RECORDS. 


to  prepare  and  bring  in  a  Bill  pursuant  to  the  Resolves  of  the  Committe 
to  consider  ways  and  means  &c : 

The  House  adjourned  till  to-morrow  10  "Clock 

Thursday  the  7""  of"  August  1740  The  House  met  according  to  ad- 
journment. 

M'  Montgomery  laid  before  the  House  a  Letter  from  M"'  Bai'croft  Sec- 
retary to  the  society  for  propagating  the  Gospel  in  Forreign  parts — as 
follows,  (viz') 

London  Warwick  Court  Warwick  Lane  Nov'  19""  1739. 
Gen' 

1  am  directed  by  the  Incorporated  Society  for  the  Propagation  of  the 
Gospel  in  Foreign  parts  to  acquaint  you  that  they  have  appointed  the 
Rev*  M'  John  Garzia  to  be  one  of  their  Missionaries  in  North  Carolina 
and  that  he  officiate  in  Chowan  Precinct  and  in  all  other  places  as  occa- 
sion shall  require  to  the  North  East  side  of  the  River  Nuse,  the  Society 
do  hereby  recommend  him  to  your  Favour  and  as  he  is  very  sufficiently 
recommended  to  them  more  especially  by  his  Excellency  Gabriel  John- 
ston Esq"  they  conceive  good  hopes  he  will  answer  the  end  of  his  mis- 
sion and  they  do  expect  you  will  contribute  according  to  the  best  of  your 
Abilities  towards  his  better  support  and  recommend  it  to  you  to  procure 
a  passage  toll  free  in  the  several  ferrys  over  the  several  Rivers  within  his 
Mission  praying  that  you  may  make  a  right  use  of  having  the  great 
Blessing  of  Gods  word  rightly  administered  to  you  and  that  it  may  shine 
forth  in  your  lives  &  Conversations.  I  am  Gen' your  humble  servant 
PHILIP  BEARCROFT.  Secretary. 

To  the  Inhabitants  of  Chowan  Precinct  and  of  the  other  places  in  N° 
Carolina  where  M'  Garzia  shall  officiate 

Ordered  the  same  lye  on  the  table  for  consideration 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  for  finishing  the 
ciuirch  at  Edenton. 

Sent  to  the  Upper  House  a  Bill  for  an  Act  for  Regulating  the  Mili- 
tia of  this  Province. 

M''  Castelaw  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to  enlarge 
the  Jurisdiction  of  the  Majestrates  in  the  Tryals  of  small  and  mean 
Causes  and  also  to  bring  in  a  Bill  for  an  Act  to  erect  a  prison  in  Bertie 
County. 

Ordered  That  M''  Castelaw,  M'  Smithwick  and  M'  Hill  do  prepare 
and  bring  in  the  said  Bills. 

The  House  adjourned  till  to-morrow  .3  'Clock  Afternoon. 


COLONIAL  RECORDS.  561 


Friday  the  8""  of  August  1 740.  The  House  met  according  to  Ad- 
journment. 

Received  from  the  Upper  House  a  Bill  for  an  Act  for  the  finishing 
the  church  at  Edenton — And  a  Bill  for  an  Act  for  tiie  Regulating  the 
Militia  of  the  Government  with  Amendments. 

M'  Boulds  moved  for  leave  to  bring  in  a  Bill  for  an  Act  for  finishing 
the  church  at  New-Bern  for  regulating  the  said  Town.  Ordered  M' 
Roberts  and  M'  Boulds  do  prepare  and  bring  in  the  same. 

Tiie  House  adjourned  till  to-iuori-ow  10  'Clock. 

Saturday  the  9*  of  August  1740.  The  House  met  according  to 
adjournment. 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  for  finishing  the 
church  at  Edenton  &c. 

M'  Montgomery  brought  in  a  Bill  for  an  Act  for  granting  an  Aid  to 
his  Majesty  to  defray  the  expence  of  transporting  the  several  Troops 
enlisted  in  his  Majesty's  service  in  the  Colony  and  to  ascertain  the  nietiiod 
of  paying  all  Taxes  and  Levys  in  Commoditys  and  for  other  purposes 
therein  mentioned  Which  he  read  in  his  place.  Ordered  the  same  lye 
on  the  Table  for  consideration. 

M'  Peyton  brougiit  in  a  Bill  for  an  Act  for  appointing  a  Ferry  from 
Bath  Town  to  Core  Point  on  Pamplico  river  and  from  Core  Point  to  Bath 
Town  Which  he  read  in  his  place.  Ordered,  the  same  lye  on  the  Table 
for  Consideration. 

The  House  adjourned  till  Monday  morning  9  "Clock. 

Monday  the  ll""  of  August  1740.  The  House  met  according  to 
Adjournment. 

Sent  to  the  upper  House  a  Bill  for  an  Act  for  granting  an  aid  to  his 
Majesty  &c. 

M'  Bould  brought  in  a  Bill  for  an  Act  to  enable  the  Commissioners 
therein  after  appointed  to  erect  and  finish  a  church  at  New  Bern  Town 
fur  the  better  regulating  the  said  Town  and  for  other  purposes  therein 
mentioned,  which  was  read  and  sent  to  the  Upper  House. 

M'  Rigby  brought  in  a  Bill  for  an  Act  to  exempt  the  Lihabitauts  of 
Bath  Town  from  working  uu  the  roads  &c.  Wliich  was  read  and  sent  to 
the  Upper  House — And  also  tlie  Bill  for  an  Act  to  Establish  a  ferry  i'rom 
Bath  Town  to  Core  Point  &c : 

Sent  the  following  message  to  the  upper  House  (viz') 

May  it  please  your  Honours 

This  House  taking  into  consideration  the  Letter  from  the  Society  for 
propagating  the  Gospel   in  Foreign   parts  recommending  M'  Garzia  to 
Vol.  4—71 


562  COLONIAL  RECORDS. 


have  free  passage  in  the  ferrys  over  the  several  Rivers  within  his  Mis- 
sion— Have  resolved  that  all  Missionaries  within  this  Province  pass 
free  from  paying  any  moneys  for  their  ferriage  over  the  Rivers  within 
their  respective  Missions  and  that  the  several  persons  who  keep  shall 
[said]  ferrys  shall  have  a  claim  on  and  be  paid  by  the  publick  for  such 
service  To  which  desire  your  Honours  concurrance. 
The  House  adjourned  till  3  ^C'lock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 

M'  Craven  informed  this  House  there  was  a  Libel  fixed  on  the  side  of 
this  House  signed  Ar:  Hamilton  which  contains  a  reflection  on  the 
Honourable  William  Smith  Esq"  Chief  Justice  and  tends  to  the  sub- 
version of  Government  and  moved  the  said  advertisement  and  Petition 
of  Daniel  Hanmer  might  be  read  which  are  as  follows  (viz') 

To  THE   Hon"'   William    Smith    Esq"'    Chief    Justice  of  the 
Province  of  North  Carolina 

The  Humble  Petition  of  Daniel  Hamner  Humbly  Sheweth 
That  your  Petition'  to  his  great  Great  grief  and  sorrow  being  convicted 
of  a  very  Heinous  Crime  is  sentenced  to  a  very  ignominious  Punish- 
ment, that  your  Petitioner  hath  large  dealings  in  this  Province  and  that 
if  the  sentence  is  carried  to  Ex"  your  Petitioner  and  his  Family  will  be 
for  ever  mined  but  your  Petitioner  hath  much  greater  sorrow  that  he 
should  be  found  guilty  of  an  Offence  so  great  in  the  sight  of  God  and 
so  detestable  among  men  than  for  all  the  ruin  that  will  fall  on  him  for 
which  Crime  he  shall  always  have  a  true  and  sincere  repentance 

Your  Petitioner  therefore  humbly  throws  himself  at  your  Honours 
feet  and  trusting  to  your  great  Clemency  implores  your  Honours  com- 
passion and  begs  that  your  Honour  will  remit  the  Ignominious  part  of 
the  sentence  or  at  least  suspend  it  till  liis  Excellency's  pleasure  is  known 
from  whom  he  intends  (if  your  Honour  will  be  so  good  to  suffer  it)  to 
implore  a  pardon. 

And  your  Petitioner  as  in  duty  bound  shall  ever  pray 

True  Copy  Test  James  Craven  DANIEL  HANMER. 

North  Carolina. 

Whereas  it  has  been  industriously  reported  and  handed  about  in  divers 
places  and  many  companies  without  any  just  foundation  that  Daniel 
Hanmer  Esq"  did  under  his  hand  in  a  Petition  by  him  signed  directed 
the  Hon""  William  Smith  Esq"  Chief  Justice  of  this  Province  confess 
himself  guilty  of  Perjury  now  as  I  have  been  the  whole  spring  of  that 
Affair  in  order  to  do  M'  Hanmer  that  Justice  which  is  due  to  him  I  do 


COLONIAL  RECORDS.  563 


hereby  eertify  that  I  did  advise  M'  Hanmer  to  Petition  the  Chief  Justice 
tu  respite  the  sentence  given  against  him  for  Perjury  and  that  I  did 
iniediately  draw  a  Petition  in  great  haste  and  carried  it  to  M'  Hanmer 
then  in  Prison  and  persuaded  him  to  sign  it  telling  him  that  he  had  no 
other  way  to  save  himself  from  the  Ignominy  of  the  Pilory  and  that  by 
gaining  a  little  time  to  lay  the  whole  affair  before  theGovernour  he  might 
have  that  Judgment  reversed  which  in  my  opinion  was  altogether  Ille- 
gal the  Indictment  being  manifestly  Erroneous  and  the  Tryal  contrary  to 
a  possitive  Law  of  this  Province  then  and  now  in  force  and  I  do  further 
certify  that  I  did  not  intend  any  confession  of  Perjury  but  only  a  gen- 
eral Confession  of  sins  and  a  hearty  concern  for  being  thought  guilty  of 
any  Crimes  without  coming  to  my  particulars  and  that  if  there  is  any 
other  it  was  occasioned  thro  haste  and  Inadvertance  and  also  that  I  do 
believe  that  M'  Hanmer  had  not  time  to  read  over  the  Petition  before  he 
signed  it,  this  I  am  ready  to  prove  upon  Oath  when  called  to  it  for 
Witness  whereof  I  have  put  hereunto  my  Hand  the  20"'  day  of  May. 
Anno  Dom:  1740.  Signed  AR:  HAMILTON. 

After  the  said  petition  and  advertisement  was  by  this  House  maturely 
considered  they  made  the  following  Resolves  (viz') 

r'  Resolve  That  the  said  advertisement  is  false  scandalous  and  mali- 
tious  highly  reflecting  on  the  General  Court  of  this  Province  tending  to 
the  subversion  of  the  Government  and  the  stirring  up  of  sedition 
amongst  his  Majestys  subjects 

2°*  Resolved  that  William  Smith  Esq"  Chief  Justice  of  this  Province 
has  behaved  with  great  honour,  integrity  and  capacity  in  the  Office  of 
Chief  Justice  during  the  time  he  has  acted  in  the  said  office. 

The  House  adjourned  till  to-morrow  10  "clock. 

Tuesday  the  12""  of  August  1740.  The  House  met  according  to  ad- 
journment. 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  for  regulating 
the  Militia  of  this  Province  with  Amendments. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  building  the 
church  at  Edenton. 

Received  the  following  Bills  from  the  Upper  House  (viz')  A  Bill  for 
an  Act  to  enable  the  Commissioners  thereinafter  appointed  to  erect  and 
finish  a  church  at  New  Bern  &c:  A  Bill  for  an  Act  to  establish  a  Ferry 
from  Bath  Town  to  Core  Point  &c:  A  Bill  for  an  Act  to  exempt  the 
Inhabitants  of  Bath  Town  from  working  on  the  roads  &c:  A  Bill  for  an 
Act  for  granting  an  Aid  to  his  Majesty  &c: 


564  COLONIAL  RECORDS. 


Read  and  sent  to  the  Upper  House  the  following  Bills  (Viz') 

A  Bill  for  an  Act  for  finishing  the  Chnrch  at  Edenton. 

A  Bill  for  an  Act  to  enable  the  Commissioners  therein  appointed  to 
erect  and  finish  a  church  at  New-Bern  &c : 

A  Bill  for  an  Act  to  exempt  the  Inhabitants  of  Bath  Town  from 
working  on  the  Roads  &c: 

A  Bill  for  an  Act  to  establish  a  Ferry  from  Bath  Town  to  Core 
Point  &c: 

M'  Hill  moved  for  leave  to  absent  himself  from  the  service  of  the 
House.     Ordered  he  have  leave  to  absent  himself  accordingly. 

Ordered  That  M'  Craven  M"'  Blount  and  M'  Blackball  do  prepare  and 
bring  in  a  Bill  to  prevent  the  Insurrection  of  Negroes. 

M''  Scarbrough  brought  in  a  Bill  for  an  additional  act  to  an  Act  Inti- 
tuled an  Act  for  providing  his  Majesty  a  Rent  Roll  &c:  therein  to  give 
longer  time  for  proof  of  Possession  of  Lands. 

Ordered  the  same  lye  on  the  Table  for  consideration. 

The  House  adjourned  till  .3  Mock  in  the  Afternoon.  ^ 

The  House  met  according  to  adjournment. 

The  House  resolved  into  a  Committee  of  the  whole  house  to  debate  on 
the  several  matters  in  the  Bill  for  an  Act  for  granting  an  aid  to  his  Maj- 
esty &c :  And  unanimously  chose  M''  Smithwick  Chairman 

After  some  time  spent  M"'  Speaker  resumed  the  Chair. 

Received  from  the  Upper  House  the  following  Bills  (Viz')  A  Bill  for 
an  Act  to  enable  the  Commissioners  therein  named  to  Build  a  Bridge  over 
Livingston's  Creek  between  New  Hanover  and  Bladen  Countys  And  a 
Bill  for  an  Act  for  regulating  the  Militia  of  this  Province. 

The  House  resolved  again  into  a  Committe  of  the  whole  House  to  de- 
bate on  the  Act  for  granting  an  aid  to  his  Majesty  &c: 

After  some  time  spent  M'  Speaker  resumed  the  chair 

The  House  adjourned  till  to-mori-ow  8  "clock 

Wednesday  the  IS""  of  August  1740  The  House  met  according  to 
adjournment. 

Read  and  sent  to  the  Upper  House  the  Bill  for  an  Act  to  enable  the 
Commissioners  therein  named  to  build  a  Bridge  over  Livingston's  Creek 
between  New  Hanover  and  Bladen  Countys. 

M'  Craven  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to  amend  an 
Act  for  settling  the  titles  and  bounds  of  lands  and  to  dock  Entails  of 
small  parcels  of  lands. 

Ordered  he  prepare  and  bring  in  the  same.  Which  he  did  and  read 
tiic  same  in  his  place 


COLONIAL  RECORDS.  565 


Ordered  tlie  same  be  sent  to  the  Upper  House 

The  House  resolved  into  a  Committe  of  the  whole  House  and  resumed 
the  debates  on  the  Aet  for  granting  an  aid  to  his  Majesty  &<•:  And  M' 
Chairman  took  the  Chair  after  some  time  spent. 

M'  Speaker  resumed  the  ehair. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  finishing  the 
Church  at  Edenton  With  tlie  following  Endorsement  Read  in  the  Upper 
House  the  third  time. 

Ordered  to  be  sent  to  the  Lower  House  to  be  engrossed 

Then  the  Chairman  reported  that,  the  Committe  had  debated  on  the 
several  Clauses  in  the  Bill  for  an  Act  for  granting  an  Aid  to  his  Majesty 
&c:  and  had  made  several  amendments,  and  desired  this  House  would 
concurr  therewith 

After  reading  the  said  Bill  witii  amendments  made  by  the  Committe 
Resolved  this  House  concurr  with  the  same. 

Sent  the  said  Bill  to  the  Upper  House  with  the  amendments 

Received  from  the  Upper  House  a  Bill  for  an  Act  to  exempt  the  In- 
habitants of  Bath  Town  from  working  on  the  Roads 

Read  and  sent  the  above  Bill  to  the  Upper  House  with  amendments 

The  House  adjourned  till  3  "Clock  afternoon 

The  House  met  according  to  adjournment 

M'  Montgomery  brought  in  the  following  Bills  (viz')  A  Bill  for  an 
Act  to  enable  tiie  Justices  of  Tyrel  County  to  build  a  Ware  House  on 
Scuppernong  River  for  receiving  his  Majesty's  Quit  Rents  And  a  Bill 
for  an  Act  to  enable  the  parishes  of  S'  Andrews  in  Tyrel  County  and  the 
S°West  parish  of  Pasquotank  County  to  ellect  Vestrys,  which  was  read 
and  sent  to  the  Upper  House 

M'  Roberts  moved  that  all  Bills  for  Acts  in  which  any  fines  or  forfeit- 
ures are  to  be  incurred  unless  the  Commodities  for  payment  of  such  fines 
or  forfeitures  are  incerted  in  such  Bills  may  lye  on  the  Table  till  the  Bill 
is  past  the  third  time  for  granting  an  aid  to  his  Majesty. 

Which  the  House  agreed  to  nem  :  con : 

The  House  adjourned  till  to-morrow  10  "Clock 

Thursday  the  14"'  of  August  1740  The  House  met  according  to 
adjournment 

M'  Speaker  moved  foi-  leave  to  bring  in  a  Bill  for  an  Act  to  appoint 
able  and  skillfull  Clerks  for  the  several  County  Courts  in  this  Province 
and  for  the  better  securing  and  safe  keeping  the  records  of  the  same 

Ordered  he  have  leave  to  prepare  and  bring  in  the  same 

Which  he  did  and  read  the  same  and  sent  it  to  the  Upper  House 


566  COLONIAL  RECORDS. 


Received  from  the  Upper  House  the  following  Bills  (viz')  A  Bill  for 
an  Act  to  establish  a  Ferry  from  Bath  Town  to  Core  Point  with  amend- 
ments also  a  Bill  for  an  Act  to  enable  the  Justices  of  Tyrel  County  to 
build  a  Ware  House  on  Scuppernong  River  &c:  and  a  Bill  for  an  Act 
for  amending  an  Act  for  setling  the  Bounds  of  Lands  and  to  dock 
Entails.  And  a  Bill  for  an  Act  to  enable  the  parishes  of  S'  Andrews  in 
Tyrel  County  and  the  S°  West  parish  of  Pasquotank  County  to  elect  &c: 
with  amendments  And  a  Bill  for  an  Act  to  enable  the  Commissioners 
therein  named  to  build  a  Bridge  over  Livingston's  Creek  &c: 

M'  Farris  moved  for  leave  to  brigg  in  a  Bill  for  an  Act  for  the  further 
and  better  regulating  the  Town  of  Wilmington  in  New  Hanover  County 
and  to  establish  the  Church  of  the  parish  of  S' James  to  be  built  in  the 
said  Town 

Ordered  he  prepare  and  bring  in  the  same  which  he  did  and  read  the 
same  in  his  place  and  it  was  sent  to  the  Upper  House. 

Read  and  sent  to  the  Upper  House  the  following  Bills  (viz')  A  Bill 
for  an  Act  to  enable  the  Justices  of  Tyrel  County  to  build  a  Ware 
House  on  Scuppernong  River  &c :  A  Bill  for  an  Act  to  enable  the  par- 
ishes of  S'  Andrews  in  Tyrel  County  and  the  S°  West  parish  of  Pasquo- 
tank County  to  elect  &c :  A  Bill  for  an  Act  to  enable  the  Commissioners 
therein  named  to  build  a  Bridge  over  Livingston's  Creek  &c: 

M'  Blackball  brought  in  a  Bill  for  an  Act  to  prevent  the  Mischiefs 
and  111  consequences  which  may  arise  by  slaves  unlawfully  assembling 
&c:  which  was  read  and  sent  to  the  Upper  House. 

The  House  adjourned  till  3  "Clock  afternoon 

The  House  met  according  to  adjournment. 

Received  from  the  Upper  House  a  bill  for  an  act  to  enable  the  Com- 
missioners therein  appointed  to  erect  and  finish  a  church  in  New-Bern 
&c:  which  was  read  the  third  time  in  this  House  passed  and  sent  to  the 
Upper  House. 

The  House  adjourned  till  to-morrow  9  'Clock 

Fryday  the  1 5""  of  August  1 740  The  House  met  according  to  adjourn- 
ment 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  tlie  furtlier 
and  better  regulation  of  the  Town  of  Wilmington  &c: 

M"'  Craven  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to  establish 
and  confirm  John  Hodgson  Esq"  Treasurer  of  the  Countys  therein  men- 
tioned 

Ordered  he  have  leave  to  prepare  and  bring  in  the  same  which  lie  did 
and  read  it  in  his  place  and  it  was  sent  to  the  Upper  House. 


COLONIAL  RECORDS.  567 


Received  from  the  Upper  House  the  Bill  for  an  act  to  appoint  able 
and  skillfull  Clerks  for  the  several  County  Courts  &c: 

Read  and  sent  to  the  Upper  House  the  following  Bills  (viz')  A  Bill 
for  an  Act  for  the  further  and  better  regulation  of  the  Town  of  Wil- 
mington &c:  with  amendments — And  a  Bill  for  an  Act  to  appoint  able 
and  skillfull  Clerks  &c: 

The  House  adjourned  till  3  "Clock  post  mer : 

The  House  met  according  to  adjournment. 

Received  from  the  Upper  House  the  following  Bills  (viz')  A  Bill  for 
an  Act  to  enable  the  Commissioners  tiierein  appointed  to  erect  and  finish 
a  church  in  New- Bern  &c:  Endorsed  Ordered  to  be  Engrossed  And  a 
Bill  for  an  Act  for  granting  an  aid  to  his  Majesty  &c:  with  amendments 

Read  the  Bill  for  an  Act  for  granting  an  aid  to  his  Majesty  &c: 
Ordered  the  same  lye  on  the  Table  for  consideration. 

The  House  adjourned  till  to-morrow  9  'Clock. 

Saturday  the  IG""  of  August  1740.  The  House  met  according  to 
adjournment 

Received  from  the  Upper  House  the  following  Bills  (viz')  A  Bill  for 
an  Act  to  Establish  and  confirm  John  Hodgson  Esq"  Treasurer  &c :  A 
Bill  for  an  Act  for  the  further  and  better  regulation  of  the  Town  of  Wil- 
mington &c:  A  Bill  for  an  Act  to  enable  the  Commissioners  therein 
named  to  build  a  Bridge  over  Livingston's  Creek  tfec :  A  Bill  for  an  Act 
to  enable  the  parishes  of  S'  Andrew  in  Tyrel  County  and  the  S°  West 
Parish  of  Pasquotank  to  elect  &c:  A  Bill  for  an  Act  to  enable  the  Jus- 
tices of  Tyrel  County  to  build  a  Ware  House  on  Scuppernong  River — 
and  a  Bill  for  an  Act  to  appoint  able  and  skillfull  Clerks  &c:  Read  the 
third  time  the  Bill  for  an  Act  for  granting  an  aid  to  his  Majesty  &c  : 
and  sent  it  to  the  Upper  House  with  amendments. 

Read  and  sent  to  the  Upper  House  the  following  Bills  (viz') 

A  Bill  for  an  Act  to  appoint  able  and  skillfull  Clerks  for  the  several 
Countys  within  this  Government. 

A  Bill  for  an  Act  to  establish  a  Ferry  from  Bath  Town  to  Core  Point. 

A  Bill  for  an  additional  Act  to  an  Act  Entituled  An  Act  for  provid- 
ing his  Majesty  a  Rent  Roll  &c: 

A  Bill  for  an  act  to  establish  and  confirm  John  Hodgson  Esq"  Treas- 
urer &c : 

A  Bill  for  an  act  to  enable  the  parishes  of  S'  Andrew  to  in  Tyrel 
County  and  the  S°  West  Parish  of  Pasquotank  &c: 

And  a  Bill  for  an  Act  for  the  further  and  better  regulation  of  the 
Town  of  Wilmington  &c: 

The  House  adjourned  till  3  ^Clock  Afternoon. 


568  COLONIAL  RECORDS. 


The  House  met  according  to  adjourniuent. 

Read  and  sent  to  the  Upper  House  the  following  Bills  (viz') 

A  Bill  for  an  act  to  enable  the  Justices  of  Tyrel  County  to  build  a 
Ware  House  on  Scuppernong  River  &c:  and  a' Bill  for  an  Act  to  enable 
the  Commissioners  therein  named  to  build  a  Bridge  over  Livingston's 
Creek  &c: 

iP  Craven  moved  for  leave  to  bring  in  a  Bill  for  an  Act  for  confirm- 
ing Titles  to  the  Town  Lands  of  Edenton  for  securing  the  Priviledges 
heretofore  granted  to  the  said  Town  and  for  the  further  encouragement 
and  better  regulation  thereof. 

Ordered  he  prepare  and  bring  in  the  same  Which  he  did  and  read  the 
same  in  his  place  and  it  was  sent  to  the  Upper  House. 

Received  from  the  Upper  House  the  following  Bills  (viz') 

A  Bill  for  an  Act  for  the  further  and  better  regulation  of  the  Town 
of  Wilmington  &c:  Endorsed  Ordered  to  be  engrossed  And  a  Bill  for 
an  Act  to  establish  a  Ferry  from  Bath  Town  to  Core  Point  &c :  En- 
dorsed Ordered  to  be  engrossed  And  also  a  Bill  for  au  Act  to  establish 
and  confirm  John  Hodgson  Esq"  Treasurer  &c: 

The  House  adjourned  till  to-morrow  11  'Clock 

Monday  tiie  18""  of  August  1740.  The  House  met  according  to 
adjournment 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  to  Establish  and 
confirm  John  Hodgson  Esq"  Treasurer  &c: 

The  House  adjourned  till  3  "Clock  Afternoon 

The  House  met  according  to  adjournment 
Received  the  following  Bills  from  the  Upper  House  (viz') 
A  Bill  for  an  Act  to  appoint  able  and  skillfull  Clerks  for  the  several 
County  Courts  in  this  Government  &c:  Endorsed  Ordered  to  be  en- 
grossed And  A  Bill  for  an  Act  to  enable  the  Justices  of  Tyrel  County 
to  build  a  Ware  House  on  Scuppernong  River  &c :  Endorsed  Ordered 
to  be  engrossed  And  a  Bill  for  an  Act  to  enable  the  parishes  of  S' 
Andrews  in  Tyrel  County  and  the  S"  West  Parish  of  Pasquotank  County 
to  elect  Vestrys  &c. :  Endorsed  Ordered  to  be  engrossed  And  a  Bill  for 
an  Act  to  establish  and  confirm  John  Hodgson  Esq"  Treasurer  &c: 
Endorsed.  Ordered  to  be  engrossed  And  a  Bill  for  an  Act  for  confirm- 
ing Titles  to  the  Town  Lands  of  Edenton  &c :  And  also  a  Bill  for  an 
Act  to  prevent  .the  III  consequences  that  may  arise  by  slaves  unlawfully 
assembling  &c  :  Read  and  sent  to  the  Upper  House  a  Bill  for  au  Act  for 
confirming  titles  to  the  Town  Lands  of  Edenton 
The  House  adjourned  till  to-morrow  9  'Clock 


COLONIAL  RECORDS.  669 


Tuesday  the  ID""  of  August  1740.  The  House  met  accordiug  to  ad- 
journment 

M'  Montgomery  moved  that  any  Member  of  this  House  who  shall  in 
any  wise  detain  or  offer  to  detain  any  Member  in  the  House  or  take 
any  out  contrary  to  his  or  their  Inclination  when  the  House  calls  for  a 
Division  on  any  Question  may  be  Committed 

Resolved  That  any  Member  who  shall  make  any  such  offer  shall  be 
censured 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  to  prevent  the 
Mischiefs  and  111  consequences  that  may  arise  by  slaves  unlawfully  as- 
sembling &c: 

The  House  adjourned  till  3  'Clock  Afternoon 

The  House  met  according  to  adjournment 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  granting  an 
Aid  to  his  Majesty  &c :  with  amendments  And  the  following  Message 
therewith  (viz') 

M''  Speaker  and  Gen' 

Upon  reading  the  third  time  the  Bill  for  an  Act  for  Granting  an  Aid 
to  his  Majesty  &c :  we  have  made  the  following  amendments  to  which 
we  desire  your  concurrance.  (viz') 

Page  2''  Rice  '^  hundred  w'  7°  6''  pro"'  for  that  part  of  the  province 
only  heretofore  known  by  the  name  of  Bath  County 

Pork  in  gobd  tight  Barrels  &c:  one  pound  seven  shillings 

8.  And  in  that  case  the  Justice  granting  such  Warrant  and  the  Officer 
executing  it  shall  not  charge  the  Inspector  nor  any  other  with  any  costs 

11.  Hogshead  of  Tob"  Cont^  at  least  700  weight 

15.  Debts  Due  by  Judgm'  or  against  whom  Ex°  shall  issue  for  any 
Debt  or  Debts  hereafter  to  be  contracted  only 

Shall  carry  the  Commodities  to  a  publick  ware  house  in  tiie  Country 
where  such  Debtor  has  contracted  such  Debt 

Read  the  Petition  of  John  Prescot  Praying  to  be  exempt  from  pub- 
lick  .service  of  and  paying  Taxes     The  same  granted 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  confirming 
Titles  to  the  Town  Lands  of  Edenton  &c : 

Sent  the  foregoing  Message  to  the  Upper  House 

May  it  please  your  Honours 

This  House  having  considered  the  amendments  made  by  you  in  the 
Bill  for  an  Act  for  Granting  an  aid  to  his  Majesty  &c :  and  cannot  con- 
curr  to  the  lessning  the  price  of  Rice  to  7'  6''  '^  Hundred  nor  that  the 
same  shall  be  taken  in  Bath  County  only 
Vol.  4—72 


570  COLONIAL  RECORDS. 


2''  To  lessen  the  price  of  Pork  to  27°  ^  Barrel  nor  to  raise  the  weight 
of  a  Hogshead  of  Tob:  from  500,  to  700  weight 

Upon  which  this  House  desires  a  Conference  and  that  j'oii  will  be 
pleased  to  appoint  the  time 

Signed  JOHN  HODGSON  Speaker 

The  House  adjourned  till  to-morrow  9  "Clock. 

Wednesday  the  20""  of  August  1740.  The  House  met  according  to 
adjournment 

Read  and  sent  to  the  Upper  House  a  Bill  for  an  Act  for  confirming 
the  Titles  to  the  Town  Lands  of  Edeuton  &c  : 

Received  the  following  Message  from  the  Upper  House  (vizt.) 

M'  Speaker  and  Gen' 

In  answer  to  your  Message  sent  yesterday  this  House  does  assent  to  a 
conferrence  and  is  ready  to  receive  your  House  imediately 

The  House  in  a  full  Body  went  to  the  Upper  House  to  conferr  on  the 
severall  Articles  in  dispute  in  the  Bill  for  an  Act  for  granting  an  aid  to 
his  Majesty  <fec:  and  for  Managers  of  the  said  Conference  appointed  M' 
Speaker  and  M'  Montgomery  on  the  articles  of  Pork  and  Tobacco  and 
M'  Castelaw  and  M''  Smithwick  on  the  Article  of  Rice  Which  Articles 
were  fully  debated  by  both  Houses. 

Then  this  House  returned  and  the  motion  was  made  and  the  Question 
was  put  whether  Pork  should  pass  as  the  Upper  House  had  amended  it 
or  not 

Resolved  that  Pork  be  incerted  again  at  30°  "^  barrel  but  pickled  in- 
stead of  any  salted  nem  :  con  : 

The  Motion  was  made  and  the  Question  was  put  whether  Rice  should 
be  incerted  10'  or  8'  4'' 

Resolved  nem  :  con :  that  Rice  be  incerted  in  the  said  Bill  8°  4'' 

The  Motion  was  made  and  the  Question  was  put  whether  Tob"  to  be 
carried  in  a  Hogshead  shall  weigh  700  or  500. 

Resolved  nem :  con :  that  the  Hogshead  shall  contain  seven  Hundred 
weight  of  Tobacco. 

Then  sent  the  following  Message  to  the  Upper  House. 

May  it  please  your  Honours 

This  House  upon  debating  the  matters  in  conference  with  you  liave 
come  to  the  following  Resolutions 

1"  That  Pork  be  incerted  in  the  Bill  at  30'  f  Barrel  hut  pickled 
instead  of  drysalted. 


COLONIAL  RECORDS.  571 


2""^  That  Rice  be  incerted  at  8"  4''  and  shall  extend  to  all  pilrts  of  the 
Province 

3^'^  As  to  the  Article  Tobacco  contained  in  a  Hogshead  this  House 
concurrs. 

To  the  above  two  Articles  desire  your  concurrence  and  that  it  be 
incerted  that  Beef  be  pickled. 

The  House  adjourned  till  3  "Clock  Afternoon. 

Tiie  House  met  according  to  Adjournment. 

Received  from  the  Upper  House  the  Bill  for  an  Act  for  confirming 
Titles  to  the  Town  Lands  of  Edenton  &c.  Endorsed  Ordered  to  be 
engrossed. 

The  House  adjourned  till  to-morrow  9  'Clock 

Thursday  the  21"  of  August  1740.  The  House  met  according  to 
adjournment 

Received  the  following  Message  from  the  Upper  House 

M'  Speaker  and  Gen' 

In  answer  to  your  Message  desiring  our  Concurrence  with  some  reso- 
lutions of  your  House  since  the  Conference  we  must  inform  you  that  you 
have  proceeded  upon  a  mistake  for  its  the  opinion  of  this  House  that 
since  the  Conference  was  after  the  third  reading  of  the  Bill  in  both 
Houses  we  could  only  in  that  Conference  give  you  our  reason  for  making 
the  amendments  but  cannot  consistent  with  the  rules  of  Parliament 
receed  from  any  of  those  amendments. 

The  Motion  was  made  and  the  Question  was  put  whether  this  House 
concurr  with  the  amendments  made  by  the  Upper  House  on  their  third 
reading  the  Bill  for  an  Act  for  granting  an  aid  to  his  Majesty  &c:  or  not. 
Which  was  carried  in  the  affirmative. 

Received  from  the  Upper  House  the  Message  in  relation  to  M'^Garzia 
and  all  other  Missionaries  in  this  Province  passing  Ferry  Free  over  the 
several  Ferrys  within  their  respective  Missions. 

Endorsed  Concurred  with  the  Ferryman  producing  a  Certificate. 

W.  SMITH  P. 

Received  a  Message  from  his  Excellency  the  Governour. 

M'  Speaker  and  Gen' 

I  command  you  and  the  House  to  attend  me  with  what  Bills  are 
engrossed  in  the  Council  Chamber. 

GAB:  JOHNSTON. 


.J72  COLONIAL  RECORDS. 


The  House  in  a  full  body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  with  the  Bills  for  the  following  Acts. 

The  Bill  for  finishing  the  church  at  Edenton. 

The  Bill  for  electing  Vestrymen  for  the  parishes  of  S'  Andrews  in 
Tyrel  County  and  S°  West  parish  of  Pasquotank  &c: 

The  Bill  for  building  a  Ware  House  on  Scuppernong  &c. 

The  Bill  to  exempt  the  Inhabitants  of  Bath  Town  from  working  on 
the  Roads  &c: 

The  New  Bern  church  Bill.     Bath  Town  Ferry  Act. 

The  Clerks  Bill.     Wilmington  Bill. 

The  Treasurer's  Bill.     Edenton  Land  Bill. 

Livingston's  Creek  and  Bridge  Bill. 

To  which  his  Excellency  was  pleased  to  assent  and  ordered  the  great 
seal  of  the  Province  to  be  affixed  thereto. 

Resolved  that  Edenton  is  the  proper  place  where  the  Secretary's  office 
of  this  Province  ought  to  be  kept  and  that  all  records  and  papers 
Ix^longing  to  the  said  office  be  deposited  there. 

Resolved  That  the  following  Message  be  sent  to  his  Excellency  the 
Governour. 

May  it  please  your  Excellency 

This  House  having  resolved  that  Edenton  is  the  proper  place  where 
the  Secretary's  Office  of  this  Province  ought  to  be  kept  and  that  all 
records,  wills  and  other  papers  in  any  ways  relating  to  the  said  office 
ought  to  be  kept  and  deposited  there  and  being  informed  that  most  of 
the  records  and  other  papers  formerly  kept  at  Edenton  and  belonging  to 
the  said  office  is  removed  and  kept  at  Cape  Fear  chiefly  at  the  Secretary's 
House  and  under  the  care  and  management  of  persons  deputed  by  the 
Secretary  that  great  Mischief  may  arise  to  the  people  of  this  province  by 
loosing,  altering  or  erasing  the  said  Records  on  which  the  property s  of 
the  people  of  this  Province  intirely  depend  or  in  case,  of  the  death  of 
the  Secretary  the  said  Records  and  Papers  may  fall  into  such  hands  as 
by  unfair  practices  may  secrete,  alter  or  erase  the  records  and  papers 
belonging  to  the  said  Office  to  the  great  prejudice  of  the  Inhabitants  of 
this  Province. 

Humbly  address  your  Excellency  will  be  pleased  to  order  and  direct 
the  Secretary  to  deposite  in  such  time  as  your  Excellency  shall  think 
proper  all  the  records  and  papers  aforesaid  or  take  such  measures  as  you 
shall  think  proper  that  two  Members  appointed  by  this  House  may 
inspect  and  take  a  list  or  catalogue  of  all  records  and  other  material  papers 
belonging  to  tl)e  said  Office  to  preveut  any  fnttn-e  Mischiefs  by  removing 
the  said  Records  and  papers  or  otlierwise. 


COLONIAL  RK(X)K1KS.  57:i 

Resolved  That  M'  Craven  lay  out  a  sum  not  exceeding  one  Hundred 
pounds  for  repairing  the  Council  Chamber  in  Edeuton  against  tiie  next 
Session  of  Assembly  and  that  he  be  refunded  by  the  Publick.  Ordered 
The  said  Resolve  be  sent  to  the  Upper  House  for  Concurrence. 

Ordered  That  the  Sheriff  of  Chowan  take  care  of  and  keep  clean  and 
lock  the  Court  House  and  Council  Chamber  in  Edenton  unless  at  Pub- 
lick  times. 

Sent  the  following  Message  to  the  Upper  House. 

May  it  please  yoitr  Honours. 

This  House  having  taken  into  consideration  the  matters  in  conference 
on  the  Bill  for  granting  an  aid  to  his  Majesty  &c:  Resolve  to  concur 
with  your  Amendments. 

Sent  the  following  Message  to  the  Upper  House. 

May  it  please  youk  Honours. 

This  House  having  resolved  that  M'  Craven  lay  out  a  sum  not  exceed- 
ing one  hundred  pounds  for  repairing  the  Council  Chamber  in  Edenton 
against  next  Session  of  Assembly  and  that  he  be  refunded  by  the  Pub- 
lick  desire  yoiff  Honour's  Concurrence. 

Received  the  following  Message  from  the  Upper  House. 

May  it  please  your  Honours  M'  Speaker  and  Gen' 

As  you  have  concurred  with  our  Amendments  made  in  the  Bill  for  grant- 
ing an  aid  to  his  Majesty  &c:  this  House  desires  the  same  be  engrossed. 
Received  from  the  Upper  House  the  Message  sent  to  them  in  relation 
to  the  repairing  the  Council  Chamber.     Endorsed     Concurred  with 

W.  SMITH  P. 

Whereas  the  Secretary  of  this  Province  hath  neglected  to  send  to  the 
County  Courts  of  this  Province  the  Copys  of  the  Laws  of  this  Prov- 
ince for  want  of  which  the  Majestrates  of  the  several  County  Courts  are 
at  a  great  loss  how  to  execute  Justice  pursuant  to  the  several  Laws  now 
in  force. 

Resolved  That  the  Clerk  of  this  House  do  fairly  copy  the  following 
Acts  and  send  them  to  the  several  Countys  within  this  Provice  (to  wit) 
The  Act  for  granting  an  Aid  to  his  Majesty  &c :  The  Act  for  the  better 
regulating  the  Militia  of  this  Province.  And  the  Act  for  appointing  able 
and  skillfull  Clerks  for  the  several  County  Courts  within  this  Govern- 
ment. And  that  he  be  paid  for  the  same  the  next  Session  of  Assembly 
after  he  shall  have  sent  such  copys. 


574  COLONIAL  RECORDS. 


Received  fnim  tlie  Upper  House  the  Bill  for  an  Act  for  the  better 
regulating  the  Militia  of  this  Guverument.  Endorsed  Ordered  to  be 
engrossed. 

The  House  adjourned  till  to-morrow  9  "Clock 

Friday  the  22''  of  August  1740.  The  House  met  according  to  adjourn- 
ment. 

Received  a  Message  from  his  Excellency  the  Governour  commauding 
the  imediate  attendance  of  this  House  with  what  Bills  are  engrossed. 

M'  Speaker  with  the  House  waited  on  his  Excellency  the  Governour 
with  the  following  Bills  viz' 

The  Bill  for  granting  an  Aid  to  his  Majesty  &c:  and  the  Militia  Bill. 
To  which  his  Excellency  assented  and  ordered  the  great  seal  of  the 
Province  to  be  affixed  thereto. 

Then  was  pleased  to  make  the  following  Speech. 

Gen'  of  His  Majesty's  Council  M'  Speaker  and  Gen'  of  the 

House  of  Buegesses 

I  cannot  put  an  end  to  this  session  without  expressing  the  highest  Satis- 
faction with  the  great  and  many  eminent  services  you  have  done  your 
King  and  Country  during  this  time  of  your  sitting  the  Laws  you  have 
passed  whether  Publick  or  of  a  more  private  nature  are  such  as  will  con- 
vince the  people  you  represent  how  much  you  had  their  Interest  and  the 
publick  good  at  heart  and  they  are  more  in  Number  than  ever  were  made 
by  any  Assembly  in  this  Province  before. 

It  was  a  great  pleasure  to  me  at  the  Beginning  of  your  meeting  to 
observe  you  so  unanimous  in  your  resolutions  to  assist  his  Majesty  to  do 
himself  and  his  injured  subjects  Justice  against  a  barbarous  and  insolent 
Enemy  and  if  you  had  not  been  able  to  execute  these  resolutions  by 
reason  of  your  different  opinions  as  to  the  manner  of  doing  it  I  should 
have  imputed  this  Misfortune  to  any  other  cause  rather  than  to  your 
want  of  Loyalty  and  regard  to  his  Majesty  You  have  now  given  evi- 
dent proof  of  your  unfeigned  Zeal  for  his  Majesty's  service  and  consid- 
ering the  circumstances  of  the  Country  contributed  as  Liberally  as  any 
of  our  neighbouring  Colonies.  The  funds  you  have  granted  are  in- 
deed rather  too  remote  to  answer  the  imediate  and  pressing  demands  for 
embarking  the  Troops  but  as  there  was  no  possibility  of  avoiding  this 
as  the  affairs  of  the  Province  stand  at  present  so  I  must  do  you  the  jus- 
tice to  take  notice  that  nothing  has  been  wanting  on  your  parts  to  pre- 
vent the  ill  consequences  that  may  arise  from  it  I  shall  take  care  to  rep- 
resent in  the  proper  place  with  what  cheerfullness  and  willingness  you 
have  complyed  with  his  Majesty's  demands  and  how  much  his  subjects 


COLONIAL  RECORDS.  o75 


in  this  Province  deserve  his  countenance  and  protection.  I  shall  be  par- 
ticularly carefull  that  what  Taxes  yon  have  now  laid  on  shall  be  pru- 
dently and  frngally  managed  and  what  savings  can  be  made  after  paying 
the  charges  of  the  intended  service  shall  be  fairly  accounted  for  and  left 
intirely  at  your  disposal 

Gen'  of  the  House  of  Burgesses 

The  Method  you  have  prescribed  this  Sessions  for  paying  publick 
Lews  by  the  ])roduoe  of  the  Country  will  I  hope  very  much  quiet  the 
minds  of  the  people  and  be  attended  with  all  the  good  Effects  you  expect 
from  it,  I  heartily  wish  it  may  lay  a  lasting  foundation  for  the  publick 
peace  and  tranquility  and  make  the  necessary  charges  of  Government 
easy  to  the  People 

I  flatter  myself  I  shall  have  the  pleasure  of  meeting  you  in  the  same 
happy  temper  and  disposition  next  Spring  and  against  that  time  you  will 
think  of  some  proper  and  effectual  means  of  revising  and  reforming  your 
Laws  and  getting  theai  printed  which  is  absolutely  necessary  for  the 
security  of  your  Libertys  and  Propertys 

GAB:  JOHNSTON 


1741. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  .53.J 

My  Lords  [of  the  Board  of  Trade] 

Tho  I  am  .sensible  that  the  enclosed  account  of  our  Currency  will 
come  a  great  deal  too  late  for  the  reasons  I  have  mentioned  in  my  last  of 
Dec:  12,  I  yet  think  it  my  duty  to  send  it  that  your  Lordships  may  see 
that  any  delays  either  in  receiving  or  answering  letters  are  owing  en- 
tirely to  the  situation  of  the  Country  and  not  to  any  neglect  in  me. 

I  must  further  take  the  opportunity  to  acquaint  you  that  Robert  Hal- 
ton  E.sq"  member  of  Council  has  my  leave  to  be  absent  for  one  year,  he 
having  the  command  of  one  of  the  four  companies  which  went  to 
Jamaica  from  this  place  William  Forbes  and  James  Murray  Esq"  are 
admitted  members  of  his  Majesties  Council  the  former  upon  a  Man- 
damus from  the  Lords  of  the  Regency,  and  tiie  latter  upon  information 
from  your  Lordships  that  he  was  ajipointed  by  his  Majesty  there  re- 
mains only  two  vacancies  now  the  one  occasioned  by  Evens  Esq"  put  in 
by  M'  Burrington  who  never  was  here  and  the  other  by  the  deatJi  of 
Edmund  Porter  Esq" 

I  am  my  Lords,  &c.,  GAB:  JOHNSTON. 

Edenton  Jan'^  14*  1741 


576  COLONIAL  RECORDS. 


North  Carolina. 

All  Account  of  the  State  of  tlie  paper  currency  of  North  Carolina  from 
the  first  emission  of  any  Bills  of  Credit  to  the  year  1740. 

1712.  The  first  emission  of  any  paper  currency  in  the  Province  of 
North  Carolina  was  in  the  year  1712  at  which  time  the  Trade  of  it  was 
carried  on  chiefly  by  barter  (for  want  of  a  silver  or  gold  medium)  and 
the  commodities  so  changed  generally  reckoned  of  proclamation  standard. 

To  defray  the  charges  of  an  Indian  War  then  kindled  the  Assembly 
passed  an  act  for  emitting  the  sum  of  £4000  in  paper  currency  sup- 
posed to  be  equal  in  value  to  so  much  proclamation  money  and  past  as 
such  for  some  small  time. 

1713.  The  charges  of  the  Government  increasing  by  the  continuance 
of  the  war  another  emission  was  made  of  £8000  which  made  the  sum 
of  £12000,  and  was  this  year  partly  sunk  by  a  tax  ou  the  Inhabitants. 

This  last  emission  depreciated  the  value  of  the  whole  about  40  ^  cent. 

1714.  This  year  an  additional  sum  of  £24000  was  emitted  by  an  act 
for  paying  the  remaining  part  of  the  debts  of  the  Government  and  for 
sinking  the  remaining  part  of  the  sura  of  £12000. 

1715.  Tiie  above  act  was  continued  and  altho  from  that  time  to  the 
year  1722  several  Sums  were  sunk  out  of  the  currency  then  subsisting 
yet  the  bills  were  depreciated  nigh  8  '^  cent  from  the  valine  of  their 
first  emission. 

1722.  There  not  appearing  to  be  more  tiuin  £12000  paper  bills  current 
in  this  Province  and  those  detac'd  and  torn.  An  Act  past  for  making  the 
sum  of  £12000  for  exchanging  such  of  the  paper  bills  as  were  then 
current  &c : 

From  this  year  to  1729  the  above  sum  subsisted  and  generally  past 
current  at  the  proportion  of  five  for  one  sterling 

1729.  An  Act  past  the  Assembly  for  making  and  emitting  the  sum 
of  £40000  paper  bills  of  credit  £10000  was  appropriated  to  exchange  as 
ranch  of  the  old  currency  (£2000  of  which  being  then  supposed  to  be 
lost)  and  the  other  £30000  let  out  on  land  security  for  fifteen  years  at 
the  rate  of  G'  4*  "iP  cent  interest  together  with  one  fifteenth  part  of  the 
principal  to  be  annually  paid  to  the  Treasurer  which  Interest  and  prin- 
cipal was  to  be  sunk  as  the  payments  should  be  made  and  tiie  whole  by 
that  calculation  to  be  sunk  in  15  years. 

1734.  There  being  a  large  Quit  rent  due  to  the  Crown  as  well  as  a 
considerable  tax  to  be  levied  for  the  contingent  charges  of  the  Govern- 
ment since  the  year  1  729.  And  it  being  apprehended  that  the  sinking 
the  paper  bills  according  to  the  last  mentioned  act  would  be  a  great  hard- 
ship and  inconvenience  to  the  Iniiabitants  for  want  of  a  sufficient  cur- 


COLONIAL  RECORDS. 


rency  to  tliscliarge  his  Majesties  rents,  and  other  necessary  (;liarges  of  the 
Government.  An  act  past  the  1"  day  of  March  1734  entitiiled  an  act 
for  stamping  and  exchanging  the  present  hills  of  currency  wherein 
further  time  was  given  for  the  sinking  the  said  sum  of  £40000  till  the 
law  by  which  it  was  emitted  should  expire. 

At  the  same  time  another  law  past  for  making  the  sum  of  £12.50  ad- 
ditional currency  to  be  sunk  by  a  Tax  and  Duty  upon  liquors  in  -5  years, 
so  that  There  is  now  subsisting  in  this  Province  the  sum  of  £.52500  bills 
of  credit.  The  difference  between  sterling  and  the  said  bills  has  been 
adjudged  for  these  four  years  past  to  be  as  ten  for  one  and  is  so  paid  and 
received  at  this  time  which  is  at  the  rate  of  .52'  4''  pai)er  currency  for  an 
ounce  of  silver. 


[B.  P.  E.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  56.] 

M'  Sharpe  for  an  Act  on  behalf  of  Nicholas  Rice  Esq"  Secretary  to  His 
Majesty's  Province  of  North  Carolina  beggs  leave  humbly  to  submit 
to  the  consideration  of  the  Right  Honourable  the  Lords  Commission- 
ers of  Trade  and  Plantations  the  following  Observations  on  and  Objec- 
tions to  an  Act  passed  in  the  said  Province  The  Twenty  first  of  August 
last  Intituled  an  Act  to  appoint  able  and  skilfull  Clerks  for  the  several 
County  Courts  within  this  Province  and  for  the  better  securing  and 
safe  keeping  the  Records  of  the  same. 

The  said  Nicholas  Rice  is  by  his  Patent  entitulcd  to  the  Office  of 
Clerk  of  all  the  Courts  in  the  said  Province  and  agreeable  thereto  he 
and  his  Predeces.sors  to  the  time  of  passing  this  Act  have  constantly  and 
within  any  Interruption  or  claim  to  the  contrary  appointed  Clerks  to 
the  respective  County  Courts  in  the  said  Province  and  who  have  con- 
stantly officiated  as  such  to  the  General  Satisfaction  to  the  said  Province 
and  without  any  Complaint  having  been  ever  made  against  them. 

But  the  said  Nicholas  Rice  having  had  the  misfortune  to  incurr  the 
Governors  displeasure  tho  without  any  ju.st  cause  given  he  was  .some  wav 
or  other  to  feel  the  weight  of  his  resentment — And  with  that  view  in 
August  la,><t  the  above  act  was  passed — But  which  it  is  humbly  hoped  hath 
no  foundation  to  support  it  either  in  the  Preamble  or  in  the  enacting 
part  of  it. 

The  Preamble  consists  of  the  -5  following  Facts  viz' 
First.  That  great  complaints  have  been  and  are  daily  made  by  the  In- 
habitants of  the  said    Province  that   the    Records  of  their    respective 
County  Courts  are  irregularly  kept  or  wholly  neglected  to  be  kept. 
Vol.  4 — 73 


578  COLONIAL  RECOKDS. 


Second.  That  this  is  occasioned  by  the  County  Court  Clerks  not  being 
obliged  to  reside  in  their  Countys. 

Third.  That  several  persons  have  been  appointed  Clei-ks  not  sufficiently 
qualified  or  capable  of  such  Employment. 

Fourth.  That  great  complaints  have  also  been  made  that  several 
Clerks  of  the  County  Courts  in  the  said  Province  have  enacted  very  ex- 
horbitant  and  other  Fees  than  established  by  the  Laws  of  the  said  Prov- 
ince— and 

Fifth.  That  this  was  occasioned  by  their  buying  and  paying  large 
sums  for  their  commissions  or  appointments  more  than  the  profits  would 
bear  to  the  great  grievance  of  the  People. 

Now  every  one  of  these  Facts  are  meer  Invention  and  surmize  calcu- 
lated contrary  to  the  Truth  to  deprive  the  said  Nicholas  Rice  of  the  ben- 
efits intended  him  by  his  Letters  Patent  and  to  take  from  him  the  enjoy- 
ment of  this  considerable  branch  of  his  Office  which  he  and  all  his  Pred- 
ecessors had  constantly  before  held  and  enjoyed. 

A.s  to  the  first  Fact,  the  Records  of  the  respective  County  Courts  have 
been  always  kept  with  great  care  and  regularity  and  no  complaint  was 
made  to  the  Assembly  or  otherwise  on  this  head  or  any  the  least  proof 
given  in  support  hereof  tho  it  is  so  formally  recited  in  this  Act  And  the 
truth  of  this  will  appear  on  the  face  of  the  Minutes  of  Assembly  now 
before  your  Lordships  Besides  however  this  if  true  might  require  to  be 
redressed  in  a  proper  way  It  would  not  be  a  fonndation  for  an  Act  of 
this  kind  to  divest  M'  Rice  of  these  Offices  and  if  it  shall  appear  no  com- 
plaint whatever  was  made  on  this  head  to  the  Assembly,  It  is  hoped  that 
will  be  a  full  confutation  not  only  of  this  first  part  of  the  recital  but 
likewise  of  the 

Second  Fact  alledged  in  this  Preamble  which  is  conseqnential  to  and 
dependant  on  the  first.  But  this  part  of  the  Preamble  is  intended  to 
strike  at  two  particular  persons  one  of  whom  who  has  one  of  these  Clerk- 
ships is  Deputy  Secretary  to  the  said  Nicholas  Rice  and  has  been  Dep- 
uty Secretary  to  the  Province  for  seventeen  years  past  without  any  com- 
plaint against  him  and  the  other  who  has  another  of  their  Clerkships 
now  is  and  has  been  for  several  years  Clerk  of  the  General  Court  and 
who  are  both  excellent  Officers  and  by  much  the  most  experienced  and 
capable  to  officiate  in  places  of  this  kind  of  any  persons  in  the  Prov- 
ince— And  they  have  always  taken  such  effectual  care  to  have  proper 
persons  attending  at  their  respective  County  Courts  when  they  have  hap- 
pened to  be  absent  that  the  Business  of  their  respective  Courts  hath  not 
at  any  time  suffered  when  they  have  happened  to  be  absent  which  has 
lieon  but  very  seldom  they  having  generally  officiated  at  tlicir  County 


COLONIAL  RECORDS.  579 


Courts  in  person  as  all  the  Clerks  to  the  other  County  Courts  have 
always  done  and  no  complaint  was  ever  made  on  this  head  or  any  men- 
tion made  of  any  the  least  Inconvenience  arising  from  it  till  it  appeared 
in  tiie  Preamble  of  this  Act.  Besides  a  regulation  of  this  kind  if  neces- 
sary might  have  been  made  without  taking  the  offices  themselves  away 
from  the  said  Nicholas  Rice. 

The  Tliird  Fact  is  equally  groundless  with  the  proceeding — The  said 
Nicholas  Rice  having  always  appointed  to  these  Clerkships  the  ablest 
and  fittest  persons  he  could  find  and  those  who  were  in  all  respects  best 
qualified  to  discharge  that  Trust  and  no  complaint  was  ever  made  to  the 
Assembly  on  this  head  nor  any  tlie  least  proof  or  evidence  in  support  of 
this  charge  laid  before  the  House  as  will  fully  appear  from  the  Minutes 
of  the  Assembly  transmitted  to  your  Lordships  notwithstanding  it  is 
thus  possitively  affirmed  in  the  Preamble  of  this  Act — Neither  if  this 
was  true  It  would  be  no  foundation  for  an  act  of  this  kind  tho  it  would 
require  to  be  remedied  in  a  proper  way. 

The  Fourth  Fact  has  no  better  foundation  for  its  support  than  any  of 
tlie  preceding  No  complaint  having  been  or  any  proof  whatever  not  so 
much  as  a  single  instance  laid  before  the  Assembly  of  any  Exaction  or 
any  other  Fees  being  taken  by  any  one  of  these  Officers  than  those 
established  by  Law  as  will  likewise  appear  from  the  Minutes  of  the 
Assembly  now  in  your  Lordships  Office  Besides  this  is  not  sufficient  to 
support  so  severe  a  Law  as  this — The  Law  of  the  Land  is  open  to  pun- 
ish such  Acts  as  these  and  there  is  now  [no]  Court  or  Jury  but  will  go  every 
length  in  their  power  to  punish  them  and  the  partys  thus  imposed  on 
will  be  always  ready  to  apply  to  'em  for  relief — But  no  action  was  ever 
brought  for  Extortion  or  Exaction  against  any  of  these  Officers  nor  a 
single  instance  of  any  thing  of  this  kind  laid  before  the  House — And 
therefore  M"'  Rice  notwithstanding  what  is  thus  unwarrantably  asserted 
in  this  part  of  the  Preamble  hopes  he  may  be  allowed  to  insist  they 
iiave  none  of  'em  ever  been  guilty  of  it  If  they  have  it  has  never  been 
done  with  his  Encouragement  connivance  or  knowledge. 

The  Fifth  Fact  is  equally  groundless  as  the  rest  there  having  been  no 
complaint  made  or  any  proof  whatever  laid  before  the  House  to  support 
it — And  in  Truth  M'  Rice  hath  never  taken  from  these  Officers  more 
than  the  customary  consideration  and  acknowledgement  usually  taken  by 
all  former  secretarys — notwithstanding  the  great  Increase  of  Business  in 
those  Offices  of  late  years — And  what  M"^  Rice  hath  thus  taken  is  so 
very  inconsiderable  as  not  to  be  worth  mentioning  hardly  taking,  so  farr 
is  it  from  being  a  means  or  occasion  of  the  Clerks  exacting  or  taking 
exhorbitant  Fees — Besides  this  if  it  called  for  it,  might  have  been 
remedied  in  a  more  proper  way  than  by  passing  a  Bill  of  this  kind. 


580  COLONIAL  RECORDS. 


M'  Rice  solemnly  averrs  he  never  had  anv  Complaints  made  of  any 
of  these  Clerks  save  only  as  to  one  of  'em  and  upon  M"  Tart  a  Member 
of  the  lower  House  representing  it  to  him  he  immediately  displaced  such 
person  and  put  a  new  one  in  his  stead. 

And  whoever  has  the  superintendency  or  appointment  of  Under 
Officers  can  do  no  more  than  supply  what  is  wanting  and  rectify  what  is 
amiss  so  soon  as  he  is  informed  of  it  which  M''  Rice  never  refused  doing 
But  so  far  from  it  That  upon  a  uieer  surmize  and  loose  Report  without 
any  formal  complaint  made  that  some  County  Clerks  were  negligent  of 
their  Duty  in  one  particular  He  presently  issued  and  sent  circular  Let- 
ters to  the  Chairman  of  the  several  County  Courts  recommending  to  them 
to  have  a  strict  eye  upon  the  Clerks  that  they  did  their  Duty  and  desiring 
to  be  informed  from  them  when  tlie  Clerks  failed  therein  that  he  might 
take  such  order  in  relation  to  such  Clerks  as  should  be  found  requisite  to 
redress  any  grievances  complained  of 

If  the  Preamble  be  without  foundation  the  enacting  part  which  is 
wholly  built  upon  it  must  fall  to  the  ground  but  there  are  many  other 
and  very  material  objections  to  this  act. 

First.  As  it  affects  the  Prerogative  and  the  Rights  of  the  Crown  For 
as  M''  Rices  is  a  Patent  Place  given  by  the  Crown  This  Act  is  for  the 
Assembly  to  tear  these  places  out  of  the  Gift  of  the  Crown  and  to  vest 
the  disposal  of  'em  in  themselves  An  attempt  which  the  Plantation  Leg- 
islatures have  never  yet  been  indulged  in  and  should  they  carry  it  in  the 
present  instance  the  Patent  Officers  of  the  Crown  in  all  the  other  British 
Plantations  would  soon  feel  the  weight  of  this  President.  All  the  Patent 
Officers  who  are  generally  Gentlemen  who  go  from  hence  being  in  general 
lookeil  on  with  a  very  envious  Eye  by  the  Planters. 

It  is  likewise  apprehended  that  the  Legislatures  in  our  Plantations 
have  no  power  by  any  act  of  theirs  to  vacate  a  grant  made  by  the  Ch'own 
and  passed  under  the  great  seal  of  Great  Britain  and  that  this  and  every 
other  act  that  attempts  anything  of  that  kind  is  a  nullity  in  itself  and  void 
ab  Initio  It  not  being  a  matter  proper  for  the  Exercise  of  their  Power. 

Second.  It  is  not  the  Province  of  a  Legislative  Power  to  deprive  any 
subject  of  an  Office  or  Freehold  by  an  extraordinary  Act  to  be  passed 
for  that  purpose.  This  ought  only  to  be  done  in  the  ordinary  course  of 
Justice  and  by  the  Rules  of  the  Common  Law  unless  in  Cases  of  the 
most  flagrant  and  crying  nature  and  where  Justice  cannot  be  had  in  the 
common  and  ordinary  way  and  then  it  ought  only  to  be  exercised  by  the 
Legislative  Power  of  Great  Britain 

Third.  If  any  Power  of  this  kind  could  be  properly  exercised  by  a 
Plantation  Legislature  it  iiught  to  be  exercised  with  the  "reatest  caution 


COLONIAL  RECORDS.  581 


The  party  to  be  affected  ought  to  have  Notice  to  defend  his  Property  and 
to  he  iieard  by  Council  and  Witnesses  in  his  Defence  and  the  Evidence 
on  botii  sides  transmitted  home  as  was  lately  done  in  the  case  of  Man- 
nings Divorce  Bill  from  Jamaica  and  a  C'lause  ought  to  be  inserted  in  the 
Bill  giving  the  Officer  an  Allowance  by  way  of  Equivalent  for  the  Office 
taken  from  him  a  Clause  of  which  kind  was  indeed  unanimously  inserted 
by  the  Council  tho  rejected  by  the  Assembly. 

Whereas  nothing  of  this  kind  was  done  in  the  present  case  nor  any 
hearing  had  or  any  one  Witness  examined  in  the  cause  But  the  whole 
carryed  on  with  a  very  high  hand  and  passed  as  an  act  of  meer  power. 

But  these  tho  abundantly  sufficient  are  not  all  the  objections  to  this 
act,  there  remains  still  very  strong  and  unanswerable  ones.  It  being 
passed  in  direct  breach  and  defiance  of  several  of  the  Royal  Instructions 
to  the  Governor     For 

Fourth.  The  Governor  is  expressly  and  in  the  strongest  Terms  com- 
manded by  his  Instructions  to  protect  tiie  Patent  Officers  of  the  Crown 
in  the  enjoyment  of  all  their  just  Rights  and  to  give  'em  all  the  coun- 
tenance in  his  power  and  in  case  of  any  misbehaviour  in  the  Patent 
Officers  the  Crown  hath  by  another  Instruction  reserved  the  Inquiry  into 
and  punishment  of  that  matter  to  itself  and  for  that  purpose  the  Gov- 
ernor is  directed  to  transmit  an  Account  thereof  home  to  the  Secretary 
of  State  and  to  your  Lordships  and  if  the  Offence  be  of  a  flagrant  nature 
the  Governor  is  impowered  in  the  mean  time  to  suspend  the  Patentee 
security  being  first  given  to  be  responsible  to  the  Person  suspended  for 
the  profits  if  the  suspension  should  be  taken  off  by  his  Majesty.  Which 
Instruction  lays  down  the  Rules  for  the  Governors  conduct  with  regard 
to  the  Patent  Officers  of  the  Crown  and  is  wisely  calculated  so  as  to  pre- 
serve both  the  Prerogative  and  Rights  of  the  Crown  and  at  the  same 
time  to  secure  the  Rights  of  the  Officer  and  to  protect  the  subject  from 
all  imposition  and  abuse — But  all  these  wholsome  Provisions  are  broke 
in  upon  and  overturned  by  this  Act  which  plainly  passed  in  open  con- 
tempt of  every  part  of  this  wise  and  necessary  Instruction  and  yet  this 
Instruction  was  insisted  on  in  the  Debate  amongst  the  Members  of  the 
Council  against  passing  the  Bill. 

The  Governor  is  likewise  expressly  instructed  not  to  assent  to  any 
act  of  an  extraordinary  or  unusual  nature  wherein  the  Prerogative  ofHhe 
Crown  or  the  property  of  the  subject  may  be  any  ways  affected  without 
incerting  a  suspending  clause  to  prevent  its  having  any  effect  till  his 
Majesty's  pleasure  should  be  known  upon  it — An  Instruction  which  if 
the  Governor  had  paid  the  least  regard  to  it  is  impossible  he  could  have 
assented  to  a  Law  of  this  kind  which  so  vcrv  materiallv  affects  the  Pre- 


582  COLONIAL  RECORDS. 


rogative  of  the  Crown  and  the  Property  of  the  subject — witliout  incert- 
ing  a  suspending  clause  in  it  and  wiiich  in  the  present  instance  seems  as 
absolutely  necessary  to  have  been  done  as  in  any  that  can  possibly  hap- 
pen and  tliis  Instruction  was  likewise  particularly  mentioned  and  insisted 
on  in  the  Debate  of  the  Council  and  a  suspending  clause  insisted  to  be 
incerted  in  the  act  in  obedience  thereto 

It  is  therefore  hoped  if  there  was  no  other  reason  for  it  than  its  being 
so  directly  passed  in  opposition  to  these  clear  and  possitive  Instructions 
that  this  act  will  be  reported  by  your  Lordships  as  proper  to  be  repealed. 

If  the  Patent  Officer  aiisbehaves  in  his  Office  the  person  injured  has 
three  ways  of  applying  for  releif — One  by  Action  at  Law — the  other  by 
Petition  against  him  to  the  Governor  and  Council  who  if  there  be  suf- 
ficient cause  for  it  has  power  to  suspend  the  Patent  Officer  and  to  trans- 
mit the  Petition  and  Evidence  in  support  of  it  home  to  his  Majesty  for 
his  Directions  upon  it — And  the  third  by  Petition  directly  to  the  King 
in  Council  so  that  there  can  never  be  occasion  for  the  Legislature  to 
interpose  in  cases  of  this  nature  and  whenever  they  do  it  is  plainly  done 
witli  an  Intention  to  encroach  on  the  Royal  Prerogative 

After  iiaving  laid  before  your  Lordships  the  above  objections  to  this 
act  it  seems  unnecessary  to  trouble  you  any  further — I  shall  therefore 
only  add  in  general  that  the  Profits  of  tiie  Secretary's  Office  which  before 
were  very  small  If  this  Act  stands  will  be  so  reduced  as  to  be  unable  to 
support  the  Office. 

All  which  is  most  humbly  submitted  to  your  Lordships  great  Wis- 
dom by 

My  Lords,  your,  &c.,  JNO.  SHARPE 

Agent  to  the  said  Nicholas  Rice. 

M'  Rice  and  M"'  Moseley  Members  of  the  Council   having  entered 
their  Protest  against  this  Bill    I  begg  leave  to  refer  your   Lordships 
thereto  as  entered  in  the  Council  Journals. 
(Endorsed) 
Received  from  J.  Sharpe  August  12"'  1741. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  280.] 

Sir  [Gov.  Gab.  Johnston] 

Since  our  letter  to  you  of  the  26""  June  1740  We  have  received  your 
of  17  December  1740,  14  Jan'^  174f  and  1.5'"  April  1741. 


COLONIAL  RECORDS.  583 


We  observe  in  the  first  of  these  that  you  ooiuplain  of  the  difference 
that  is  to  be  met  with  in  the  copies  of  the  Acts  of  your  Province  passed 
in  the  time  of  the  late  Proprietors,  this  is  a  misfortune  for  which  there 
is  hardly  any  reuaedy  unless  you  can  prevail  with  the  Council  &  Assem- 
bly to  appoint  a  joint  Committee  to  supervise  all  the  laws  of  the  Prov- 
ince and  certify  to  you  when  they  have  done  so  that  they  are  the  most 
correct  copy  that  can  be  made  of  the  laws  in  North  Carolina  after 
which  we  shall  expect  to  have  them  transmitted  to  us  under  the  seal  of 
the  Colony. 

We  are  very  glad  to  hear  that  the  people  under  your  government  have 
concurred  so  cheerfully  with  the  other  plantations  in  furnishing  their 
quota  of  assistance  against  the  Spaniards 

The  state  of  the  paper  currency  of  North  Carolina  (which  came  in 
your  letter  of  14"'  Jan"^  last)  arrived  too  late  to  be  laid  before  the  Par- 
liament last  Sessions  as  it  ought  to  have  been  however  it  will  be  of  use 
at  the  next  meeting  if  called  for  in  the  meantime  we  shall  take  it  into 
consideration. 

The  state  of  the  Council  which  you  sent  us  in  your  letter  of  l-D* 
April  last  is  not  in  any  sort  answerable  to  our  directions  sent  you  by 
our  letters  of  the  17  Jan'^  173^  and  of  .the  26'"  of  June  1740  and  till 
you  shall  send  us  a  Relation  agreeable  to  those  directions  we  cannot  de- 
termine whom  we  shall  recommend  to  His  Majesty  to  fill  any  Vacancies 
that  may  be  in  your  Council. 

In  the  same  letter  you  desire  directions  in  what  manner  you  are  to 
proceed  in  collecting  the  Quit  rents  since  the  Lords  Justices  have  re- 
pealed the  late  Act  concerning  the  same  As  His  Maj.  has  thought  proper 
to  appoint  a  new  Officer  to  inspect  the  state  of  his  revenue  in  the  two 
Carol inas  till  we  hear  from  that  Officer  we  can  say  nothing  to  you  ou 
that  subject  save  only  to  recommend  to  you  to  make  use  of  such  means 
as  the  Laws  at  present  in  being  have  provided  to  do  the  King  justice. 

We  have  only  further  to  acquaint  you  that  we  desire  that  once  in  six 
months  you  would  send  us  over  a  list  of  such  of  the  Members  of  the 
Council  in  your  government  as  are  either  dead  or  absent  and  that  with 
regard  to  the  last  you  would  specify  from  whom  and  for  how  long  a  time 
they  have  their  license,  And  that  yon  take  care  to  make  an  annual  return 
to  the  general  Queries  copy  whereof  is  herein  closed  that  we  may  be 
apprized  from  time  to  time  of  any  alterations  that  may  happen  in  the 
circumstances  of  your  government.  So  we  bid  you  heartily  farewell  and 
are  Your  very  loving  friends  and  humble  servants 

M.  BLADEN. 
R.  PLUMER. 

Whitehall  August  26*  1741.  JA.  BRUDENELL 


584  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  58.] 

Sir,  [Secretary  of  Board  of  Trade] 

I  liave  tliis  date  tran.smitted  several  repre.sentations  and  Memorials  to 
the  Right  honorable  the  Lords  Comm"  of  His  Majesty's  Treasury,  and 
to  the  Right  honorable  the  Ltirds  Co mmis.si oners  for  Trade  and  Planta- 
tions, but  as  it  is  in  time  of  war,  I  have  sent  the  representations  by  dif- 
ferent ships.  When  I  wrote  you  the  4"'  of  June  I  had  great  hopes  that 
a  rent  roll  Bill  would  be  passed  agreable  to  the  resolutions  the  Assembly 
had  then  entered  into,  which  was  in  substance  agreable  to  the  ProposaLs 
which  I  made  to  the  Assembly.  But  several  of  the  Members  of  the 
Council  underhand  has  given  all  the  opposition  in  their  power,  and  at 
last  prevailed  on  the  Assembly  to  order  the  Bill  to  be  printed  that  they 
might  know  the  opinion  of  the  Planters  thereupon,  when  this  was  done 
their  creatures  raised  an  opposition  in  the  Country,  and  got  a  set  of  Gen- 
tlemen returned  upon  the  Grand  Jury,  which  was  held  at  Charles  Town 
the  25""  of  October  last,  who  had  the  Bill  returned  to  them,  and  after- 
wards condemned  the  Bill  as  prejudicial  to  the  interest  of  the  Province. 
Those  facts  are  difficult  to  prove,  though  they  may  at  the  same  time  be 
evident  to  every  person  in  the  Province,  and  I  humbly  apprehend  that 
while  those  that  are  in  trust  and  direction  of  the  affiiirs  of  Government 
are  left  at  liberty  to  evade  His  Majesty's  in,structions  with  impunity  that 
the  Offices  can  never  be  properly  regulated  And  that  at  last  the  Province 
in  America  will  grow  .so  untractable  that  it  will  be  extremely  difficult  to 
keep  them  to  their  duty      I  am  Sir,  &c., 

HENRY  M'CULLOH 

Wilmington  North  Carolina  12*  Nov'  174L 


[B.  P.  R.  O.  North  Carolina.  B    T.  Vol.  U.  B.  59.] 

My  Lords  [of  the  Board  of  Trade] 

I  think  it  my  duty  to  inform  your  Lordships  that  we  have  attempted 
to  procure  a  new  Quit  Rent  Law  in  an  Assembly  lately  held  at  Wil- 
mington. 

All  imaginable  precautions  were  taken  to  secure  the  .success  of  this 
Affair. 

The  As.-embly  was  called  in  the  rao.st  Southern  part  of  the  Province 
on  purpose  to  keep  at  home  the  Northern  Members  who  are  most  numer- 
ous and  from  whom  the  greatest  opposition  was  expected  And  some  of 
the  most  troublesome  leading  men  were  prevailed  upon  to  be  absent. 


COLONIAL  RECORDS.  58o 


By  this  management  there  were  present  but  two  Members  more  than 
was  necessary  to  make  a  house,  whi(;li  then  consisted  of  the  most  moder- 
ate and  most  sensible  men  of  the  Colony  And  yet  after  all  this  pains 
and  the  Commission  His  Majesty  was  pleased  to  appoint  for  quit  rents 
His  useing  all  the  address  he  was  master  of  it  was  impossible  to  bring 
them  to  consent  to  any  Law  near  so  advantageous  to  the  Crown  as  that 
lately  repealed. 

They  still  wanted  to  crowd  in  more  commoditys,  and  at  higher  prices, 
so  that  afler  trying  all  methods  for  four  weeks  together  I  was  forced  to 
prorogue  them  without  bringing  this  matter  to  a  conclusion. 

It  may  be  easily  believed  that  the  Officers  of  the  Crown  used  their 
most  strenuous  endeavors  to  accomplish  this  affair  because  their  bread 
depends  upon  it,  their  past  experience  having  sufficiently  convinced  them 
how  vain  an  attempt  it  will  prove  to  pretend  to  collect  the  Quit  rents 
without  an  Act  of  Assembly. 

Every  body  here  despairs  of  seeing  so  good  a  law  passed,  as  that 
lately  repealed.  I  wish  they  may  ever  see  so  good  a  one  But  how 
the  face  or  appearance  of  Government  can  be  kept  up  is  what  I  am  at  a 
loss  to  conceive  now  the  officers  are  deprived  of  their  salary  and  Fees, 
for  the  latter  are  abolished  as  well  as  the  former  by  the  great  restrictions 
laid  on  the  land  Office  from  whence  their  Perquisites  chiefly  arose. 

I  should  be  glad  to  know  from  your  Lordships  how  I  am  to  behave 
in  this  case,  &  likewise  to  receive  your  directions  how  I  am  to  proceed  in 
collecting  the  Quit  Rents. 

That  the  people  will  be  refractory  in  paying  now  there  is  no  law,  is 
what  I  have  not  the  least  reason  to  doubt,  and  to  destrain  upon  every 
single  person  is  an  infinite  labour. 

I  am,  my  Lords,  &c., 

Edenton  2L  Dec'  174L  GAB:  JOHNSTON. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  50.  p.  17.] 

BOARD  OF  TRADE  JOURNALS. 

At  a  Meeting  of  His  Maj.  Commis.s"  for  Trade  and  Plantations  Tues- 
day Feb''-  10"^  174| 

Present  Lord  Monson,  Col.  Bladen,  M'  Ashe. 

Read  a  letter  from  the  Duke  of  Newcastle  dated  Feb'^  9*  174^  inclos- 
ing copies  of  two  Addresses  of  the  Hou.se  of  Commons  to  the  King 
Vol.  4—74 


586  COLONIAL  RECORDS. 


oue  desiring  an  aeconnt  of  the  Quit  Rents  of  North  and  South  Carolina, 
the  other  desiring  an  ace'  of  the  present  Governors  in  America  and  their 
appointments  as  likewise  of  the  vacant  Governments  there  and  of  the 
salaries  and  appointments  thereunto  respectively  belonging  and  signify- 
ing his  Maj.  pleasure  that  this  Board  should  comply  with  the  said  ad- 
dresses. 

[Page  35.] 

Thursday  March  lO'"  174|. 

Present  Lord  Monson 
Col.  Bladen.  M'  Ashe 

M'  Brudenell.  M'  Plumer 

The  Secretary  laid  before  the  Board  13  Acts  passed  in  North  Caro- 
lina in  the  year  1740. 

Ordered  that  the  said  Acts  be  sent  to  M'  Fane  for  his  opinion  thereon 
in  point  of  law. 

[Page  41.J 

Tuesday  April  14*  1741 

Present  Lord  Monson. 
Col.  Bladen.  M'  Ashe 

Sir  Ar.  Croft.  M'  Plumer. 

Read  a  letter  from  M'  .Johnston  Gov'  of  North  Carolina  to  tlie  Board 
dated  at  Edenton  Dec.  17.  1740. 

[Page  92.] 

Wednesday  Aug.  12'"  1741. 

Present  Lord  Monson 
Col.  Bladen.,  M'  Brudenell 

M'  Plumer.  M'  Keene 

Read  two  letters  from  M'  Johnston  Gov"^  of  North  Carolina  the  one 
dated  at  Edenton  14*  Jan'^  174^  acquainting  the  Board  with  the  state 
of  the  Council  there  and  inclosing  an  account  of  the  state  of  the  Paper 
Currency  of  that  Province  from  the  first  emission  of  money  Bills  of 
Credit  to  the  year  1740. 

The  other  dated  at  the  same  place  April  lo*  1741  signifying  his  want 
of  direction  about  passing  a  new  Quit  rent  Act  in  the  room  of  the  last 
repealed  and  recommending  M'  Gould  and  M'  Scarborough  to  supply 
the  two  vacancies  in  Council 

[Page  98.  J 

Wednesday  Aug'  26""  1741.  The  draught  of  a  letter  to  Gabriel 
Johnston  E.sq.  Gov'  of  North  Carolina  in  answer  to  such  as  have  been 
rec^  from  him  since  the  Board's  last  letter  to  him  was  agreed  transcribed 
(fe,  signed. 


COLONIAL  RECORDS.  jH? 


[Page  109.J 

Tliursday  November  12'"  1741. 
The  Secretary  laid  before  the  Boartl  tlie  following  copies  of  Orders  of 
Council  transmitted  from  the  Council  Office  the  IS*  of  last  mcjntli  and 
the  Titles  of  the  same  were  read  Viz : 


(Page  in.J 
Order  in  Council  dated  the  8""  of  Sept'  1741,  approving  the  draught 
of  additional  instructions  prepared  by  this  Board  forthe  respecti%'e  Gov- 
ernors of  Jamaica  Barbados,  the  Leeward  Islands,  Bermudas  &  Baha- 
mas, Virginia,  New  Jersey,  South  &  North  Carolina  concerning  the  col- 
ours to  be  worn  by  all  ships  having  private  Commissions  or  Letters  of 
Marque  from  the  Governors  of  those  Colonies. 

***** 

[Page  115.  J 

Order  in  Council  dated  the  27""  of  Nov'  1740  approving  a  Repre- 
sentation of  this  Board  proposing  the  repeal  of  an  Act  passed  at  North 
Carolina  in  1738  declaring  what  shall  be  deemed  a  sufficient  cultivation 
of  Lands  already  granted  by  His  Majesty  and  for  ascertaining  the  man- 
ner of  granting  lapsed  Land 


[From  the  MSS.  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  the  Council  Chamber  in  Edenton  the  6^  day  of 
March  174^ 

Present  His  Excellency  the  Governour. 
rWill  Smith        Edward  Moseley  1 
f  Nath  Rice  Roger  Moore         | 

The  Honoble<!  Eleaz' Allen       James  Murray      [•  Esq"  Membei's 
I  Math  Rowan      William  Forbes    j       of  Council 
1^  Cullen   Pollock  J 

Read  Sundry  Petitions  for  Land  Viz'  &c 

Rob'  Burrows  200  Currituck,  Sam  Bond  100  Perquimons,  William 
Bryant  600  Edgeombe,  William  Gotten  250  D°,  Zach  Chancey  179  Per- 
quimons, James  Ellison  200  Beaufort,  Rob'  Hilliard  'SoO  Edgcoml)e,  D° 
350  D",  D°  500  D",  William  Hilliard  300  D",  John  Harmon  100  Per- 
quimons, Aaron  Hill  100  Pasquotank,  Oz  Jeffries  250  Edgeombe,  Thos 


588  COLONIAI.  RECORDS. 


Lovick  400  Carteret,  Jao  Mago  100  Beaufort,  Jiio  Norfleet  (but  633 
returned)  640  Perquimons,  Jno  Perry  600  Bertie,  Tlios  Peirce  320  Tyr- 
ril,  James  Sumner  300  Perquimons,  George  Smith  1200  Currituck,  Jno 
Tliomas  300  Craven,  W"  Wilson  300  Edgcombe,  Jno  Winns  150  Bertie, 
D°  500  D°,  Jos  Winslow  225  Perquimons.     Granted. 


At  a  Council  held  at  Edenton  the  lO*  day  of  March  174f 
Present  His  Excellency  the  Governour 
r  Will  Smith         Edward  Moseley  1 
rpi     TT       LI    J    Nath  Rice  Roger  Moore  [  Esq"  Members 

1    Eleaz'  Allen        James  Murray'       [      of  Council 
[  Math  Rowan       Will :  Forbes        J 
Read  Sundry  Petitions  for  Land  Viz' 

W°  Arkill  250  Chowan,  W"  Bell  500  Edgcombe,  W  Blithe  500 
Bertie,  Henry  Crawford  200  D°,  Steplien  Clayton  100  Edgcombe,  Jno 
Danson  300  Bertie,  Jas  Hamilton  100  Beaufort,  Will""  Houston  300 
Carteret,  Tho  Hart  200  Edgcombe,  Robert  Inman  400  D",  Wallace 
Jones  640  D°,  Roger  Jones  150  Beaufort,  D"  600  D",  W"  M-'Koy  600 
Edgcombe,  Pat  Ognin  640  Bertie,  W"  Pace  130  D°,  Jo'  Pearson  640 
D°,  Jno  Pope  400  Edgcombe,  Thos  Rawlings  696  Craven,  Jno  Roberts 
400  Carteret,  Jno  Sherar  190  Bertie,  Tim.  Truelove  250  Chowan,  W"° 
Wilson  100  Bertie,  Jno  D°  300  Beaufort,  Jno  Ward  400  Chowan. 
Granted 

At  a  Council  held  at  Edenton  the  11'"  of  March  174^ 
Present  His  Excellency  the  Governour 
r  Will  Smith  Edward  Moseley  "^ 

rp,     TT       1 1     J  Nath  Rice  Roger  Moore  [  Esq"  Members 

I  Eleaz"^  Allen       James  Murray        j      of  Council 
[Math  Rowan      W"  Forbes  J 

Read  Sundry  Petitions  as  follows  Viz' 

Francis  Allways  300  Carteret,  Will""  Adams  436  Beaufort,  Jas  Ball 
100  Carteret,  Jos  Barrow  600  Beaufort,  W"  Bly  560  Bertie,  Jno  Bond 
100  Beaufort,  W"  Cannon  150  D",  W"  Casson  200  D",  D"  200  D", 
David  Cannon  500  D°,  W"  Davis  &  Geo  Bold  100  Carteret,  Ralph 
Evere  160  D",  Joseph  Fulford  400  D°,  Rich*  Ogden  150  N.  Hanover, 
Mich'  Pasquornett  400  Carteret,  Thos  Page  144  Bertie,  Peter  Parker 
640  Chowan,  Henry  Stanton  640  Carteret,  Jno  Small  300  D°,  W"  Skin- 
ner 600  Cliowan,  Richard  Wliitehouse  250  Onslow,  Jno  Forbes  300 
Beaufort,  Tho  Hauiford  200  Bertie,  Sam  Holliman  210  Edgcombe,  Jno 
Hodgson  350  Carteret,  Abr''  Hill  185  Chowan,  Oz  Jeffl-ies  300  Edg- 
combe, Henry  Kings  400  Chowan,  James  Leggit  250  Tyrril,  Jeremiah 


COLONIAL  RECORDS.  589 


Mitcliin  (143  ret*)  350  Chowan,  Ja  Manney  640  D°,  Jno  Nelson  320 
Carteret,  D"  100  D°,  Thos  D"  100  Craven,  Geo  Revit  500  Chowan,  R« 
Sanderson  for  a  resurvey  p'  of  a  tract  3333,  408  Perquinions,  Sam 
Swanns  D°  D°  408  D",  David  Shepard  100  Carteret,  W"  Taylors  200 
D°,  Jno  Vanpelt  150  Bertie,  Tho  Whitmall  640  TyrriU     Granted 

Henry  Winslow  for  a  resurvey  of  a  tract  of  3333  Acres  in  Perquini- 
ons— Granted  for  a  resurvey  only  only  Ordered  that  the  several  parts  be 
laid  off  in  the  Plot  to  be  returned  ascertained  by  the  different  owners  or 
Pretenders  respectively  agreeable  to  earh  persons  particular  Title  or  con- 
veyance 

At  a  Council  held  at  Edenton  the  12""  day  of  March  1741 
Present  His  Excellency  the  Governour 
rNath  Rice         Cnllen  Pollock        ^ 
I  Will  Smith        Edward  Moseley      I    tt    „  at      i 
The  Honoble  i  Eleaz  Allen       Roger  Moore  }  ^-1.  J^^embers 

Math  Rowan    James  Murray  |       ^*  Council 

W"  Forbes  "  j 

Read  Sundry  Petitions  as  follows  Viz' 

Rich''  Atkinson  300  Bertie,  Jas  Castelaw  300  Craven,  Jos  Dawson  200 
D°,  W™  Brice  &  Era  for  a  resurvey  of  a  tract  in  Craven,  Geo  E  Land, 
250  D",  Jno  Fort  150  D",  Rob'  Hines  200  D",  Jno  Rouse  150  D",  Jas 
Simons  319  D",  W"  Staford  128  Beaufort,  Jas  Taylor  100  Craven,  W" 
Wallis  200  Beaufort,  D°  300  D",  W"  Hancock  for  a  resurvey  Craven, 
Bonus  Loftin  230  D",  Jno  Marshal  270  D°,  Zach  Nixon  84*°  3  rods  Pas- 
quotank, Edw''  Phelps  83  D°,  Geo  Pool  100  Craven,  George  Roberts  640 
D°,  Edmund  Smithwick  100  Tyrril,  Fra.  Stringer  640  Craven,  Era 
Speight  573  D°,  Jno  West  250  D",  Rowland  Williams  300  Bertie. 
Granted 

Read  the  Petition  of  W™  Wilson  for  a  Patent  for  350"°  in  Craven 
joining  the  Plantation  whereon  he  lives  Ordered  that  it  lye  over  till  a 
Resurvey  be  made  and  returned  persuant  to  a  Petition  of  Francis  and 
■yym  Bricg 

Read  tiie  petition  of  Francis  and  William  Brice  for  a  Resurvey  of  a 
Tract  of  land  in  Craven  bequeathed  them  by  their  Father  in  relation  to 
which  a  dispute  has  arisen  between  them  and  Col  Wilson  which  latter 
has  bo't  a  part  thereof  Granted  and  Ordered  that  the  Land  sold  out  of 
the  said  Tract  to  said  Wilson  be  distinguisiicd  in  tlie  Plot  of  the  whole. 


590  COLONIAL  RECOKDS. 


At  a  Council   held  at  Edenton   1 7*  day  of  March   Anno  Dom  1740 

[1741] 

Present  His  Excellency  the  Governour 
rWill  Smith       Edw"  Moseley^ 
T'l     w       I  1     )  Nath  Rice         Roger  Moore    !  Esq"  Members 
ihe  hlonoble      ^^^,^,^,  ^jj^^^     James  Murray  [      of  Council 

[Math  Rowan    W"  Forbes    "  J 

Read  Sundry  Petitions  for  Land  Viz' 

Jno  Alston  200  Edgcorabc,  Jno  A  vent  300  Bertie,  Jno  Arnold  180 
Edgcombe,  W"  Bush  300  Craven,  Jno  Blackman  100,  D",  Richard  Bird 
150  D",  Rich"*  Bennet  200  Pxlgcombe,  W"  Cohnne  250  D°,  Richard  Cov- 
erton  640  D°,  Jos  Crenshaw  640  D",  Jno  Ferrill  300  D",  Jno  Marloe 
450  Bertie,  Richard  Moore  300  Bertie,  D"  200  D°,  D°  200  B",  Seth  Pilk- 
ington  300  Beaufort,  D"  400  D°,  Rice  Price  133  Craven,  Parker  Pierce 
300  Beaufort,  Thos  Page  300  Craven,  Francis  Parkers  200  Edgcombe, 
D°  400  D°,  Tim  Pelrod  100  D",  Alex'  Rouse  134  Craven,  Jno  Rackley 
640  Bertie,  Arthur  Fort  640  Craven,  John  Gatlin  400  D",  Elias  Hodges 
177  Edgcombe,  Herman  Hill  300  D°,  W"  Hart  300  Bertie,  Hopkin 
Howel,  200  D°,  Jno  Henly  527  Perquimans,  Peter  Jolly  250  Edgcombe, 
Rich''  Johnson  300  Craven,  Corn'  Jones  640  Currituck,  James  M'Lewain 
300  Craven,  Jno  Melton  500  Edgcombe,  James  Mauney  300  Bertie, 
Jacob  Odam  for  a  resurvey  350  Chowan,  Jacob  D°  for  the  improve- 
ments he  paying  the  widdow  150  D°,  Gabriel  Pickering  200  Edgcombe, 
Jno  Parum  300  Bertie,  Geo  Pace  100  Edgcombe,  Edw*  Poore  500  D°, 
Francis  Parker  640  D°,  Jno  Smith  200  Craven,  D"  150  D",  Jas  Stallk- 
ings  313  D°,  Nich'  Smith  280  Bertie,  Drew  D°  200  Edgcombe,  Drew 
Smith  200  D°,  Lawrence  D°  200  Bertie,  Joshua  Sikes  200  Edgcombe, 
Sam  Taylor  150  Bertie,  Sam  Williams  400  Edgcombe,  Jno  White  640 
Currituck,  Caleb  Wilson  300  D".     Granted 

At  a  Council  held  at  Edenton  the  18'"  day  of  March  Anno  Dom  174^ 

Present  His  Excellency  the  Governour 

r   Will  Smith         Edw^  Moseley  '^ 

„,     TT       I  1    J    Eleaz'  Allen        Roger  Moore      |  Esq"  Members 

1  he  Honoble  <    ^j^^,^  R„wan       James  Murray    '      of  Council 

1^  Cnllen  Pollock   Will  Forbes      J 

Read  Sundry  Petitions  as  follows  Viz' 

Will  Alston  150  Edgcombe,  Rich"  Bailey  191  Bertie,  Jno  Campbel 
404  D°,  W"  Vaughan  for  a  resurvey  300  Beaufort,  George  Williams  150 
Bertie,  Thos  Haufford  provided  Belfor  Bertie,  William  Kinchin  230 
Bertie,  W"  Gregory  200  Bertie,  W"  Smith  Esq'  2000  Craven,  D°  not  C. 
justice  150  Bertie,  Gab  Parker  400  Bertie,  D"  300  D°,  Sam  Taylor  100 
D",  George  Williams  150  D°.     Granted 


COLONIAL  RECORDS.  591 


At  a  Council  held  at  Edenton  24'"  day  of  March  174f 
Present  His  Excellency  the  Governour 
r  Will  Smith       Edward  Moseley  "j 

rrt     TT       11         Nath  Rice         James  Murray  Esq"  Members 

the  Honoble       17,1      .   .1,  iTrm  -c^    i         "         r        V  rt         -i 

Eleaz   Alien      VV     rorbes  (        ot  Council 


Math  Rowan 

William  Smith  Esq'  Chief  Justice  moved  for  leave  to  go  to  England 
on  his  private  affairs  Granted  And  ordered  That  John  Montgomery 
Esq'  Attorney  General  be  appointed  by  Commission  under  the  Great 
Seal  to  Execute  the  Office  of  Chief  Justice  daring  the  absence  of  the 
said  William  Smith  Esq'  and  That  Thomas  Hunter  and  M°rora  Scabro 
be  joined  with  him  in  the  quality  of  Associate  or  Assistant  Justice 

Ordered  That  Joseph  Anderson  Esq'  be  appointed  to  act  as  Attorney 
General  in  the  room  of  Jno  Montgomery  Esq'  for  and  during  the  space 
or  Term  that  the  said  Montgomery  shall  Act  as  Chief  Justice  and  that 
a  Commission  issue  accordingly 

Read  a  Meuiorial  of  Edward  Moseley  Esq'  in  reference  to  my  Lord 
Carterets  Rents  and  other  dues     delayed  till  there  be  a  full  Council 

Read  a  Letter  from  William  Bull  Esq'  Governour  of  South  Carolina 
to  his  Excellency  desiring  his  Elxcellency  to  recommend  the  miserable 
condition  of  many  unfortunate  Persons  sufferers  by  the  late  dreadful  fire 
at  Charleston  to  the  consideration  of  the  Inhabitants  of  this  Province 
for  the  Contribution  of  all  well  disposed  Christians  within  the  same  who 
are  of  Ability  to  minister  some  charitable  relief  to  the  said  unhappy 
Sufferers 

Whereupon  the  Council  were  of  opinion  That  in  regard  of  the  great 
Poverty  of  this  Province  any  recommendations  of  that  kind  would  be 
ineffectual  not  being  likely  to  answer  the  End  proposed  in  raising  any 
Sum  worth  sending  to  their  Assistance. 

Read  Sundry  Petitions  for  Patents  as  follows  Viz' 

Tho'  Ashburn  340  Bertie,  W"  Brown  1.30  Edgcombe,  W"  Everit 
200  D",  D°  300  D",  Peter  Garland  172  Bertie,  Mary  Howell  340  D°, 
Jno  Henby  587  Perquinions,  Moses  Moore  200  Beaufort,  Thos  Ryan 
60  Bertie,  W"  Smith  Esq  450  Craven,  James  Smith  600  Edgcombe, 
Jno  Wiggins  320  D",  D"  460  D",  W"  Williams  200  Perq.,  Luke  White 
400  Bertie,  Benj"  Peyton  for  a  resurvey  Beaufort,  D°  D°.     Granted 

His  Excellency  Representing  to  the  Board  that  many  of  the  Kings 
Tenants  have  a  long  time  neglected  to  pay  the  resurvey  Rents  issuing 
from  the  Lands  by  them  held 

Ordered  That  the  Receiver  General  issue  his  Warrant  to  distrain  upon 
such  Defaulters  as  shall  not  forthwith  comply  with  the  Law  in  that  case 
made  and  provided  and  that  Proclamation  issue  accordingly — as  also  to 


592  COLONIAL  RECORDS. 


give  Notice  that  such  Persons  as  have  Patents  lying  in  the  Office  and 
neglect  to  take  them  out  shall  notwithstanding  be  distrained  on  for  the 
Rents  due  on  the  Land  thereby  granted  in  like  manner  as  if  they  had 
taken  out  such  Patents 


At  a  Council  held  at  Edenton  2''  day  of  April  1741. 
Present  His  Excellency  the  Governour 
rWill  Smith         Edw"  Moseley^ 

^r.     w       M       S"'r^i'n  f"g"-^oore     I    Esq"  Members  of 

The  Honoble <  Eleaz"^  Allen       James  Murray  >         ^    rv„„n;i 
I  Math  Rowan      W"  Forbes    '  council 

t  Cullen  Pollock  J 

Read  Sundry  Petitions  for  Land  as  follows  Viz' 

Edward  Barey  100  Bertie,  William  Conner  400  Edgcombe,  Jas  Clark 
53  Onslow,  Jno  Edwards  595  Edgcombe,  Jno  Edwards  625  Edgcombe, 
Thos  Jones  640  Bertie,  Benj  M'Kinnie  640  Edgcombe,  James  Everet 
500  D°,  Rob'  Forster  240  Edgcombe,  D°  250  D°,  Jno  Grant  300  Bertie, 
Jno  Johnston  108  Onslow,  Isaac  Lewis  96  Bertie,  Christopher  Neale 
500  Currituck,  Tho'  Neale  500  D°,  Jacob  Odam  154  Chowan,  Rice 
Price  100  Chowan,  Isaac  Ricks  168  Edgcombe,  Rowland  Williams  200 
Bertie,  Jos  Richardson  400  Bertie,  Jos  Sims  300  Edgcombe,  D°  200  D°, 
Rowland  Williams  250  Bertie     Granted. 

Read  the  Petition  of  Thomas  Howel  setting  forth  That  his  Warrant 
was  tilled  up  wrong  Joseph  Howel  being  put  for  Thomas  praying  the 
same  may  be  rectifyed.     Ordered  that  the  same  be  rectifyed  accordingly. 

A  motion  being  made  that  a  Warrant  be  issued  for  settling  the  Bounds 
of  the  Tuscecarrora  Land  to  prevent  any  Incroachments  or  disputes 
with  the  white  people  who  live  round  about  them  and  that  the  Survey- 
or's return  be  Recorded  in  the  Secretary's  Office  And  that  an  Exempli- 
fication of  the  same  under  the  Seal  be  delivered  to  the  Indians  an  order 
passed  for  the  Execution  of  the  same  accordingly. 

The  Secretary  representing  tliat  great  numbers  of  patents  were  made 
out  the  time  limited  for  entering  of  which  in  the  Auditor's  office  was 
elapsed  whereby  the  Payment  of  the  quit  Rents  on  such  Patents  was 
postponed 

Ordered,  That  a  Proclamation  issue  giving  notice  that  if  sucii  Paten- 
tees do  not  take  out  their  Patents  by  the  last  day  of  May  next  following 
the  Land  conveyed  by  such  Patents  (being  forfeited)  will  be  granted  to 
the  first  making  application  for  the  same 

The  Governor  laid  before  the  Board  an  Instruction  from  tiieir  Excel- 
lency's the  Lord  Justices  dated  the  14  Aug'  1741  [?]  prescribing  the 
method  of  taking  up  land  for  the  futui'e  by  a  which  is  directed 


COLONIAL  RECORDS.  593 


to  grant  us  Land  hereafter  but  with  the  following  Restrictions,  Viz' 
That  no  Warrants  for  Lands  issue  but  in  Council  4  Members  being  pres- 
ent and  no  way  interested  that  the  Land  be  particularly  described  in  the 
Warrant  that  the  same  be  Registered  with  the  Auditor  before  it  be  deliv- 
ered to  the  Surveyor  who  shall  return  it  in  12  months  that  it  be  for  no 
more  than  50  Acres  to  each  Person  in  every  family  rights  being  first 
proved  before  the  Council  in  default  whereof  the  Grant  to  be  void 
Further  that  the  terms  on  which  the  Warrants  issue  be  expressly  men- 
tioned in  each  Grant  and  that  the  said  Grant  be  registered  within  6 
months  from  the  date  thereof  in  the  Secretarys  and  Auditors  Office  or 
be  void  copies  of  which  Entries  to  be  transmitted  to  the  Treasurer  or 
the  Lords  Commissioners  for  trade  and  Plantations  within  twelvemonths 
from  the  date  thereof,  Which  Instructions  being  read  at  the  board,  Or- 
dered that  a  Proclamation  issue  to  make  known  the  said  Rules  and  direc- 
tions hereafter  to  be  observed  in  Granting  of  Land  for  the  Informa- 
tion of  Such  of  the  Inhabitants  or  others  as  may  be  desirous  of  seating 
any  of  his  Majesty's  Land  in  this  Province  for  the  future. 

April  the  4""  1741     Present  as  before. 

Read  the  following  petitiouf?  for  pateuts  Viz' 

James  Russel  400  Tyrrel,  Jno  Brown  250  Edgcombe,  Jno  Briggs 
200  D",  James  Gotten  640  D°,  Rich'^  Jones  300  Beaufort,  Arth'  White- 
head 300  Edgcombe,  Thos  Barker  600  Bertie,  D"  300  D",  Jacob  Daven- 
port 200  Tyrrel,  Thos  Barker  300  Bertie,  Henry  Srousberry  550  D", 
Dan'  Holland  220  Hyde,  Sam'  Williams  400  Edgcombe,  Benj''  Bridgers 
400  D",  W"  Whitehead  300  D",  D"  300  D".     Granted 


At  a  Council  held  at  Wilmington  the  20"'  of  May  1741 
Present  His  Excellency  the  Governour 
f  Nath  Rice  Roger  Moore      '~| 

rp,     TT       1  1      )  Eleaz'  Allen      James  Murray     [  Esq"  Members 
1  Math  Rowan     William  Forbes  I      of  Council 
[  Edw"  Moseley  J 

Ordered  That  the  Attorney  General  draw  up  the  form  of  an  Oath  to 
be  tendered  to  all  Persons  applying  for  Land  pursuant  to  the  Instruc- 
tions of  their  Excellency's  the  late  Lords  Justices  and  that  he  lay  the 
same  before  this  board  tomorrow  morning 
Read  Sundry  Petitions  for  Land  Viz' 

John  Anderson  320  N.  Hanover,  Edward  Moseley  1000  D°,  Jno  Hardy 
640  Beaufort,  John  Jones  196  Pasquotank,  ^Thos  Delaughan  400  N. 
Hanover,  Roger  Moore  356  Bladen,  Bowen  Clifton  320  New  Hanover, 

Vol.  4—75 


594  COLONIAL  RECORDS. 


Neale  McNeale  500  D°,  Will  Ambers  100  D°,  John  Rutherford  640  D°, 
R*  Batchelor  300  D°.     Granted 

At  a  Council  held  21"  May  1741 

Present  His  Excellency  the  Governour 

TMath  Rice         Roger  Moore     "j 

„,     „       1 1     J  Eleaz  Allen       James  Murray     (  Esq"  Members 

ihe  Monoble  <  ^^^^  j^^^.^^^     William  Forbes  [      of  Council 

(^  Edward  Moseley  J 

Read  Sundry  Petitions  for  I^and  Viz' 

Henry  Owen  142  Craven,  Sam'  Jasper  341  D°,  Corn'  Haruet  Jr.  300 
N.  Hanover,  Tho»  Failes  200  Craven,  Jno  Blackman  100  D°,  Mich' 
Raisher  250  D°,  Jos  Bryan  225  Craven,  Jos  Dawson  200  D°,  Jacob  Gid- 
dins  250  D°,  Abr"  D°  110  D°,  Henry  Jonecan  100  D°,  Benj"'  Eason  320 
Onslow,  Abr"  Busset  200  Craven,  W"  Dry  125  N.  Hanover,  Jno  Dud- 
ley 175  Onslow,  Valentine  Wallis  142  D°,  Sam  Thonton  400  Bladen, 
Thos  Jones  400  D°,  W"  Russell  600  D°,  Hector  McNeale  640  D",  Jas 
Pointvyint  640  N.  Hanover,  Thos  Mathews  50  Bladen,  Pat  Stewart  640 
N.  Hanover,  Alex  Kilpatrick  200  Craven,  Corn'  Lofton  100  D",  Henry 
Atkinson  130  D°,  W"  Mace  330  Beaufort,  Simon  Burney  400  D°,  Jt)n- 
athan  McLessus  400  Craven,  W"  Ryley  320  N.  Hanover,  Jno  Boan  200 
Craven,  Arth  Bryan  300  D°,  Thos  Cane  100  Craven,  W"  Baron,  200 
D°,  Jas  Coward  150  D",  Thos  Fermer  94  D°,  W"  Coward  65  D",  Jas 
Jones  300  D°,  John  Gray  400  Edgcombe,  Edw"  Mashburn  1 50  Onslow, 
Timothy  Bloodworth  640  N.  Hanover,  Jas  Weight  200  Onslow,  Chas 
Cox  640  D°,  Henry  Oberry  250  Craven,  Sam.  Johnston  200  Onslow, 
James  Thompson  360  N.  Hanover,  James  Moore  D°  360  D",  Timothy 
Bloodworth  300  D",  W"  Punctock  662  Craven,  Sam  Swann  1000  N. 
Hanover,  Thos  Page  200  Craven,  Arch  McNeale  320  Bladen.     Granted 

Sundry  Persons  appeared  before  the  Governour  and  Council  and 
made  oath  to  the  N°  of  Souls  of  which  their  families  respectively  consist 
in  order  to  their  being  entitled  to  take  up  Land  in  such  proportion  as  his 
Majesty  has  been  pleased  to  direct  by  his  Royal  Instructions  viz 

Armand  DeRoset  of  New  Hanover  to  6  Persons,  Jno  Montgomery 
Esq'  Chowan  16,  Edward  Moseley  Esq'  N.  Hanover  91,  James  Murray 
Quinter  Ditto  6,  William  Henderson  Craven  3,  James  M°Lewain  Ditto 
11,  Jno  Gready  Bladen  9. 

Read  the  Petitions  of  William  Mace  330  Beaufort     Granted 

His  Excellency  was  pleased  to  propose  to  the  Board  the  Settling  the 
Militia  at  Cape  Fear  and  desired  their  Advice  and  assistance  therein  and 
that  accordingly  they  would  think  of  proper  Officers  to  put  into  Com- 
mission and  that  they  would  lay  out  the  Districts  and  give  in  a  list  of 


COLONIAL  RECORDS.  595 


such  Persons  as  they  would  recommend  for  field  Officers  and  for  Cap- 
tains in  the  said  several  Districts 

A  Patent  to  Caleb  Metcalf  deceased  for  400  Acres  being  produced 
before  the  Board  with  a  Petition  praying  that  the  Date  might  be  altered 
from  1735  to  1736  the  latter  being  the  true  date  thereof.  Granted  and 
Ordered  that  it  be  accordingly  altered  in  the  Records  of  Grants  in  tiie 
Secretary's  Office  and  the  Auditors  Rent  Roll 

Read  the  Repeal  of  Quit  Rent  Law.  Ordered  that  Proclamations 
issue  accordingly  to  give  notice  thereof 

Read  a  Letter  to  the  Governour  from  the  under  Secretary  of  State 
Signifying  their  late  Excellency's  Directions  for  prevention  of  the 
Exportation  of  Provisions  to  any  foreign  Colony.  Ordered  That  Pro- 
clamations issue  Accordingly. 

May  22''  1741. 

Present  His  Excellency  the  Governour 

{Nath  Rice         Roger  Moore    )  tf    rsAT      i    ., 
Eleaz"^  Allen      James  Murrav  V       f  n         •) 
Edw  Moseley    Will  Forbes  '  j     "'  ^  """<'» 

The  following  Persons  proved  their  Rights  Viz' 

Anthony  Lewis  Onslow  14,  Steph  Howard  D°  11,  Jno  Cox  D"  4, 
Joseph  Howard  D°  9,  Thos  Brown  Bladen  17,  Henry  Hollingsworth  N. 
Hanover  2,  Fra  Brice  Carteret  15,  Rich*  Lovit  Craven  11,  Corn'  Har- 
net  N.  Hanover  25,  Dan  Dimbibin  D"  6,  Rich'*  Hallier  D"  5,  Chas  Wil- 
liamson Onslow  6,  Nath  Rice  N.  Hanover  25,  Rufus  Marsden  D°  9,  W" 
Johnson  Onslow  9,  Chas  Ryal  D°  8,  Neil  M°Neil  N.  Hanover  18,  Rich" 
Ogden  D°  4,  Evan  Jones  D"  16,  James  Wright  Onslow  9,  Jno  Watson 
N.  Hanover  8,  Jas  Murray  D°  7. 

Read  Sundry  Petitions  for  Land  Viz' 

Rob'  Hatcher  200  Edgcombe,  David  Hopper  100  D",  Josh  Leigh  350 
Edgcombe,  Jacob  Odam  250  D°,  W"  Williams  380  Onslow,  Steph  Wil- 
liams 300  D°,  W"  Stephens  220, Craven,  George  Smith  200  D°,  Martin 
Tryer  175  D°,  W"  Roundtree  200  D°,  John  Pate  180  D",  James  Parker 
380  D",  James  Jones  640  Bladen,  Neil  McNeil  320  D",  Forquel  D°  320 
D",  Thos  Thompson  400  D°,  Elias  Fort  100  Edgcombe,  Richard  Baker 
60  Bladen,  George  Petit  200  Craven,  Philip  Hinson  640  Bladen,  Hugh 
Ward  400  D",  Lionel  Lee  315  Craven,  John  Porter  200  N.  Hanover, 
W"  Mayner  640  Onslow,  Henry  Jernegan  450  Craven,  Thos  Hodges  200 
N.  Hanover,  Anth^  White  640  Bladen,  John  Hicks  640  D°,  W"  Hen- 
derson 155  Craven,  W"  Rigby  640  Bladen,  Rich''  Bra,sswal  200  Craven, 
Anthony  Williams  93  D°,  John  Bearfield  640  Onslow,  Dan'  Marshburn 
300  D",  David  Wharton   115  Craven,  Thos  Tyre  640  D°,  Jas  Stalling 


j96  COLONIAL  RECORDS. 


64  D",  Sam  Smith  200  D°,  Chas  Pate  200  D°,  Arelif  Clark  150  Bladen, 
W"  Dinkiiis  640  D",  Jno  Hitchcock  300  B%  Hugh  M°Laughliii  140 
D",  James  Beauber  640  D",  Francis  Young  640  D",  Henry  Home  200 
Craven,  Anth  Moore  200  Onslow,  Thos  Morris  250  N.  Hanover,  Jno 
Westiield  640  Bladen,  Charles  Williamson  300  Onslow,  Solomon  Hughes 
640  Bladen,  Math  Breed  200  D°,  W"  Walters  200  N.  Hanover,  David 
Williams  320  D°,  D"  300  D°,  Jasper  King  400  Bladen,  John  Kennedy 
200  N.  Hanover,  Rich*  Jones  320  Bladen,  Jos  Howard  640  Onslow, 
Rufus  Marsden  640  N.  Hanover,  Henry  Fitch  150  N.  Hanover,  Abra 
Odam  212  Edgcombe,  Jno  Lagtham  300  Bladen,  Timothy  Bloodworth 
125  N.  Hanover,  Caleb  Grainger  320  Ditto     Granted 

At  a  Council  held  at  Wilmington  the  23"  day  of  May  1741 
Present  His  Excellency  the  Governour 

{Nath  Rice  Roger  Moore )  -p ,  rs  ivr      i 

Eleaz' Allen       Jas  Murray     l^^q    iVJemoers 
Edw"  Moseley   Will  Forbes    j      *'^  «-<>""('" 

Read  the  following  Petitions  for  Land  Viz' 

Jno  Becton  200  Craven,  W""  Cain  18  Bladen,  Tho'  Armstrong  150 
D°,  Thos  Burnet  350  Craven,  Lewis  John  640  N.  Hanover,  Rich"  Hel- 
lier  70  Bladen 

Read  the  Petition  of  Stephen  Williams  in  the  following  words 

That  your  petitioner  some  time  ago  obtained  your  Excellencys  patent 
for  300  acres  of  land  in  Onslow  County  but  through  the  surveyors  mis- 
take in  his  platt  your  petitioner  does  not  lawfully  hold  a  foot  of  Land 
in  the  Pet'  he  makeing  but  two  courses  in  the  survey  one  whereof  he 
says  is  S°  and  then  says  N°  to  the  beginning  so  that  he  has  not  given 
your  petitioner  any  Land  Therefore  your  petitioner  prays  that  the  said 
Patent  may  be  altered  agreeable  to  the  plot  and  instead  of  N°  to  the 
beginning  in  the  Plot  and  patent  that  it  may  be  said  in  his  patent  along 
the  E'  prong  of  the  Swamp  to  the  beginning 

The  following  Persons  proved  their  Rights  Viz' 

Rob'  Walker  N  Hanover  20,  William  Wilson  Craven  83,  Sam  Swann 
N.  Hanover  38,  James  Hasel  D"  39,  Col  Mau  Moore  D°  64,  Edward 
Hyrne  D°  32,  Thos  Cunningham  D°  2,  Ebenez:  Holmes  Onslow  7, 
Eleaz:  Allen  N.  Hanover  39,  Roger  Moore  D°  197,  Jas  Greganus  Ons- 
low 6,  Sam  James  D°  9,  Moses  Plumer  Bladen  7,  Joseph  D°  D"  3,  Casou 
Brinson  Onslow  12,  Math  Platt  Bladen  6,  Jno  Todd  Onslow  10,  Jno 
Swann  N.  Hanover  27,  Jno  Howard  D°  14,  Chas  Cox  Onslow  5,  Sam 
Green  N.  Hanover  7,  Alex  Colvin  Bladen  6,  William  Forbes  N.  Han- 
over 9,  Jno  Marshal  D°  11,  W""  Mills  Onslow  9,  Patrick  Stewart  N. 
Hanover  6,  Mich  Higgins  D°  10,  Henry  Skibber  Onslow  4 


COLONIAL  RECORDS.  597 


His  Excellency  observed  to  the  Board  that  the  Assembly  was  pro- 
rogued to  the  last  Tuesday  of  July  but  as  he  knew  of  no  urgent  occa- 
sion for  their  meeting  so  soon  proposed  the  proroguing  them  to  the  15* 
of  September  next  and  further  advising  with  them  as  to  the  place  of 
meeting,  twas  the  unanimous  opinion  of  the  Council  that  the  same 
should  be  at  Wilmington  and  accordingly  a  Proclamation  was  ordered 
for  proroguing  the  Assembly  to  tlie  15*  of  September  then  to  meet  at 
Wilmington  in  the  County  of  New  Hanover 


At  a  Council  held  at  Wilmington  21''  day  of  September  1741 

Present  His  Excellency  the  Governor. 

rp,      TT       1 1    f  Math  Rowan       William  Forbes  1  Esq"  Members 
llie  Honoble-!  i>  ni  t  at  }       rn         -i 

[  Roger  Moore       James  Murray     J      oi  Council 

There  being  burgesses  euou'  arrived  to  uiakea  lower  House  of  Assembly 

but  not  a  sufficient  number  of  Councilhjrs  in  Town  to  Act  in  a  Legislative 

Capacity  (five  members  being  held  necessary  to  form  an   upper  house) 

his  Excellency  was  pleased  to  ask  the  opinion  of  the  Chief  Justice  whether 

the  Lower  House  might  notwithstanding  be  opened  and  proceed  upon 

business,  who  having  answered  thereto,  the  Members  of  Council  present 

advised  his  Excellency  to  summon  Mr  Secretary  Rice  who  had  obtained 

leave  to  go  out  of  the  province  but  was  not  yet  gone  forthwith  to  attend 

in  order  to  the  making  a  house,  and   carrying  on   tiie  business  of  the 

Session. 

At  a  Council  at  Wilmington  22*  September  1741 

Present  His  Excellency  the  Governor 

Tl     H       1 1    /  M^tl'  Rowan     William  Forbes  "1  Esq"  Members 
\  Roger  Moore     James  Murray    J       of  Council 

The  Chief  Justice  being  called  to  the  Board  made  his  report  of  the 
Tryal  of  Michael  M°Dermet  who  was  then  under  sentence  of  Death 

Whereupon  it  was  ordered,  that  his  Execution  should  be  respited  till 
this  Honoble  Board  had  examined  the  Minister  concerning  him 

Tiien  Mr  Chief  Justice  informed  the  Board  that  Bryan  Conner  had 
been  burnt  in  the  hand  for  Feloniously  Stealing  to  the  value  of  Eight 
Shillings  Sterling,  and  at  the  same  time  was  found  Guilty  upon  another 
Indictment  of  petty  Larceny  for  which  offence  he  was  ordered  bv  the 
Court  to  receive  as  a  further  punishment  Sixty  lashes,  on  his  bare  back, 
but  that  the  said  Connor  was  in  a  very  sick  and  low  condition  Upon 
which  it  was  ordered  that  the  said  whipping  should  lie  remitted. 


598  COLONIAL  RECORDS. 


At  a  Council  held  at  Wilmington  the  23*  day  of  September  1741 

Present  His  Excellency  the  Governonr 

,p,     TT       1 1    f  Math  Rowan     William  Forbes  1  Esq"  Members 
Ihe  lionoble<  v  \t  t  \jt  r       T  r^         ■^ 

I  Roger  Moore     James  Murray    j      oi  Council 

The  following  persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Lands  Viz' 

James  Castellaw  Carteret  County  41  in  family,  John  Starkey  Carteret 
18,  Jas  Ridway  Onslow  6,  Richard  James  N.  Hanover  9,  Chas  Petit 
Craven  9,  William  Cannady  Tyrrel  11,  John  Lipsey  Onslow  10,  W" 
Lipson  D"  6,  W"  Ryley  New  Hanover  5,  Jas  Varnum  Onslow  5,  Jno 
Ballard  Edgcombe  10,  Jno  Pidcock  N.  Hanover  7,  Richard  Scot  D°  4, 
Alex  Colvin  Bladen  11,  Thos  Cunninge  N.  Hanover  7,  Thos  McClen- 
don  Craven  17,  George  Styrring  Beaufort  11,  Thos  Rhodes  N.  Hanover 
9,  Jno  Steward  Onslow  4,  Jno  Hardy  Edgcombe  11,  Jno  Gray  Bertie 
28,  Jos  Meredith  N.  Hanover  6,  Chas  Cox,  D°  3,  Samuel  Moore  Onslow 
6,  David  Williams  N.  Hanover  6,  James  Terry  Edgcombe  7,  Jno  Whar- 
ton N.  Hanover  7,  Jacob  Biddle  Onslow  5,  Rich''  Field  D"  11,  W" 
Ambrose  D°  6,  Morgan  Morgan  N.  Hanover  5,  Thomas  Hill  D°  6,  Thos 
Minyard  Bladen  6,  Thos  Garrey  Edgcombe  12,  John  Edwards  Onslow 

4,  Edmund  Keith  Craven  6,  William  Brice  D"  17,  W"  Layton  Bladen 
8,  Jacob  Ipack  Craven  8,  David  Morgan  N.  Hanover  9,  Corn'  Leary  D° 

5,  Jno  Clayton  Bladen  17,  Jno  Browne  Onslow  8,  Jno  Bradshaw  D°  4, 
Jno  Ellarby  Bladen  13,  David  Evans  N.  Hanover  9,  Christ"  Yew  Cra- 
ven 10,  Daniel  Austin  Onslow  8,  John  Porter  Carp''  N.  Hanover  7,  Jas 
Browne  D'"7,  Rich"  Huff  D°  6,  Jno  Motte  D°  4,  James  Bell  Carteret  9, 
Thos  Gatlin  N.  Hanover  6,  Dan'  Shirloe  Onslow  3,  Sam'  Sanford  Beau- 
fort 4,  Jas  Salter  D°  9,  Jas  Wantland  Onslow  11  John  Hawkins  N. 
Hanover  6,  W"  M°Rea  D"  10,  Thos  Jennings  D"  9,  Patrick  Stewart  D" 
11,  Jno  Matchet  D°  6,  Timothy  Clansey  Onslow  1,  Benj"^  Fulsall  N. 
Hanover  45,  Jabez  Spooner  Onslow  5,  Joseph  Hudson  N.  Hanover  6, 
Thos  Hutchens  D°  4,  Zachariah  Fields  Onslow  2,  Jacob  Lewis  D°  9,  Eliz. 
Ottey  N.  Hanover  5,  Math.  Everit  Onslow  12,  Arch  Buoy  Bladen  3, 
W""  Norton  D°  9,  Thos  Corbet  N.  Hanover  1,  Abraham  Mitchell  Ons- 
low 9,  Joshua  Grainger  N.  Hanover  3,  Jno  Burnett  Onslow  8,  Arch 
Hamilton  N.  Hanover  34,  William  Herritage  Craven  18,  Tiios  Lowther 
Currituck  13,  Henry  Simmons  Bladen  44,  Edward  WingateN.  Hanover 
13,  Phineas  Stevans  Onslow  5,  Edmund  Smithwick  Tyrrell  17,  Joseph 
Anderson  Chowan  22 


COLONIAL  RECORDS.  599 


At  a  Council  held  at  Wilmington  24  day  of  September  1741 
Present  His  Excellency  the  Governour 
C  Nath  Rice         Roger  Moore      )  xr    r»  m      u 
The  Honoble<  Math  Rowan     William  Forbes  \^^%   *Aembers 
1  T      AT  I      01  Council 

(^  J  as  Murray  ) 

Henry  McCulloh  Esq"'  having  produced  His  Majesty's  Commission  to 
him  to  be  Commissioner  for  Supervising  Inspecting  and  controlling  the 
Revenues  and  Grants  of  Land  in  North  Carolina,  It  was  ordered  to  be 
read,  which  was  done  accordingly,  And  he  took  and  subscribed  the  usual 
Oaths  appointed  by  Law  for  his  qualifycation  And  at  the  same  time  took 
the  Oath  of  Office,  that  he  would  well  and  truly  execute  the  same,  pur- 
suant to  the  aforesaid  Commission. 

At  a  Council  held  at  Wilmington  the  24*  day  September  1741'  P.  M. 
Present  as  before 

His  Excellency  having  informed  the  Board  That  it  was  His  Majesty's 
Pleasure  signified  in  some  of  his  Majesty's  Instructions  to  M'  McCulloh, 
that  for  the  future  all  persons  taking  up  lands  should  be  obliged  to  .seat 
the  same  according  to  tlieir  rights,  i.  e.  with  the  person  in  whose  right 
the  land  shall  be  taken  up;  But  that  such  as  have  already  obtained 
Warrants,  shall  only  be  obliged  within  three  years  from  the  date  of  their 
respective  Grants  to  put  a  white  man  on  every  Tract  1,000  acres  or 
under  And  two  on  a  tract  of  2,000  or  above  a  thou.sand.  Ordered  that 
accordingly  Clauses  to  that  Effect  be  inserted  in  such  Grants  respectively 
as  shall  hereafter  he  passed  upon  Warrants  already  granted  or  that  may 
hereafter  be  granted.  And  that  the  Secretary  draw  up  a  proclamation  to 
give  publick  notice  thereof 

His  Excellency  was  pleased  to  i-epresent  that  as  most  of  the  lands 
already  granted  contained  buta  small  quantity  of  good  Soil  and  a  very  large 
proportion  of  pine  barren.  And  at  the  same  time  took  notice  of  the  abso- 
lute necessity  of  encouraging  white  persons  to  settle  in  this  Province  par- 
ticularly the  back  parts  of  the  .same  And  to  render  the  previous  .steps 
requisite  to  the  taking  up  of  land  as  ea,sy  as  possible.  Was  therefore 
pleased  to  propose  to  his  Majesty's  Council  whether  it  was  not  proper 
humbly  to  represent  to  His  Majesty  that  in  order  to  encourage  foreign 
jirotestants  to  settle  in  this  Province  and  for  promoting  His  Majesty'.s 
Service  It  is  highly  expedient  to  grant  every  person  taking  up  lands  and 
who  are  to  Seat  and  cultivate  the  same  by  the  persons  in  whose  rights 
these  lands  are  granted  One  hundred  Acres  for  every  white  person  and 
fifty  for  every  black. 

And  in  consideration  of  the  great  Expence  and  loss  of  time  which 
must  attend  such  persons  in  travelling  several  hundred  miles  to  swear 


600  COLONIAL   RECORDS. 


to  their  rights  before  the  Governoiir  in  Council  it  will  mnch  promote  His 
Majestys  Service  and  the  Settlement  of  this  Colony  to  permit  such  per- 
sons to  swear  to  their  rights  before  the  County  Courts,  And  a  certificate 
of  .such  Oath  signed  by  the  Chairman  and  Clerks  of  the  Court  and 
returned  to  the  Governour  in  Council  to  be  deemed  full  proof  of  their 
Rights.  All  which  was  assented  to  and  approved  by  His  Majestys 
Council. 

His  Excellency  was  pleased  furtlier  to  propose  whether  until  His 
Majesty's  pleasure  can  be  known  in  these  points  it  is  not  highly  proper 
to  grant  lands  to  white  persons  in  the  above  named  proportions  And  to 
Allow  them  to  prove  their  Rights  as  is  above  specified,  And  to  remove 
all  obstacles  that  may  obstruct  measures  which  are  so  beneficial  to  His 
Majesty's  Service  and  the  good  of  this  province  As  these  matters  are 
under  the  Inspection  of  His  Majestys  Commissioner  of  the  quit  rents 
That  the  Clerk  of  the  Council  wait  on  the  said  Commissioner  with  a 
copy  of  these  resolutions  to  know  if  he  has  any  objections  to  the  same 
And  to  receive  his  answer  in  writing  which  was  likewise  approved  by 
his  Majesty's  Council 

At  a  Council  held  at  Wilmington  25  day  of  September  1741 
Present  His  Excellency  the  Governour 
fNathRice  William  Forbes")  ^,    „  ,,      , 

The  Honoble  }  Math  Rowan  Jas  Murray  I  ^%   M<^'"bers 


1)  Til,  •  i      of  Council 

Roger  Moore  ) 

The  Secretary  having  delivered  M"'  M'Culloh  a  Copy  of  the  resolu- 
tion of  Council  in  relation  to  rights  He  was  pleased  to  send  him  a  paper 
upon  the  same  subject  addressed  to  the  Governour  in  Council  desiring  it 
might  be  read  at  the  Board  which  was  accordingly  done  and  is  in  the 
following  words 

To  His  Excellency  Gabriel  Johnston  Esq^  Governor  and  Commander 

in  Chief  of  His  Majestys  Province  of  North  Carolina  in  Council 
May  it  please  your  Excellency 

Having  received  by  direction  of  your  Excellency  the  Copy  of  a  reso- 
lution.of  Council  dated  the  25""  of  September  1741  signifying  the  opin- 
ion of  your  Hon"'  board  That  in  order  to  encourage  Foreign  protes- 
tants  to  settle  in  this  province  and  for  promoting  His  Majestys  Service 
It  is  highly  expedient  to  grant  every  person  taking  up  land.s  and  who 
are  to  seat  and  cultivate  the  same  by  the  persons  in  whose  right  these 
Lands  are  granted  One  hundred  acres  for  every  white  person  and  fifty 
Acres  for  every  blavk.'  And  in  con,*ideration  of  the  great  expence  and  ' 
loss  of  time  which  must  attend  such  persons  in  travelling  Several  hun- 


CJOLONIAL  RECORDS.  601 


dred  Miies  to  swear  to  their  rights  before  the  Governoiir  in  Coiineil  it 
will  much  promote  His  Majestys  Service  and  the  settlement  of  this  Col- 
ony to  permit  such  persons  to  swear  to  their  Rights  before  the  County 
Courts  and  the  Certificate  of  such  Oath  signed  by  the  Chairman  and 
Clerk  of  the  County  and  returned  to  the  Governour  in  Council  to  be 
deemed  full  proof  of  their  rights 

Whereupon  I  beg  leave  to  certifie  that  from  the  circumstances  of  this 
province  at  present  the  unsettled  and  distant  Scituation  of  the  Offices 
and  from  the  several  reasons  contained  in  the  said  resolution 

That  I  am  humbly  of  opinion  that  the  variation  made  in  the  said 
resolution  from  the  late  oi'der  of  His  Majesty  in  Council  does  not  make 
any  materjal  difference  with  respect  to  the  security  of  the  Crown  in  the 
payment  of  the  quit  rents  That  it  may  be  a  means  to  encourage  the  set- 
tlement of  Whites  which  is  greatly  to  be  desired.  And  that  it  may  be 
for  his  Majesty's  Service  to  carry  the  said  resolutions  in  execution  untill 
His  Majestys  pleasure  be  further  made  known  thereupon 

I  am  May  it  please  Your  Excellency  Your  Exee^° 

Most  obed'  and  most  humble  Servant 

HENRY  M-CULLOH. 

The  following  persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  lands  Viz' 

Richard  Plair  N.  Hanover  county  white  7,  Jno  Felleau  Craven  7, 
Thos  Finney  N.  Hanover  3,  Daniel  M°Kiken  D"  9,  Simon  Wilson  Ons- 
low white  1,  black  7,  Duncan  M°Kikin  X.  Hanover  [white]  4,  Joseph 
Jones  D°  6 

Read  Sundry  petitions  for  patents  for  Land  as  follows  Viz' 

James  Alkins  400  Onslow,  W"  Borden  498  Carteret,  Josiah  Bell  640 
N.  Hanover,  Reading  Blunt  300  Craven,  Jno  Baker  200  Bertie,  Jno 
Brown  640  Onslow,  Jas  Bell  &  Arth'  Mabson  250  Carteret,  Chas  Cox 
200  Onslow,  Jno  Cooke  320  N.  Hanover,  Rob'  Callahanne  100  Beaufort, 
John  Cockrane  250  Onslow,  Thos  Cooke  145  Craven,  Armand  DeRosset 
300  N.  Hanover,  Jacob  Ipack  150  Craven,  Rich"  James  200  N.  Han- 
over, James  Mauney  378  Bertie,  Thos  Martin  320  Craven,  Tiio'  Mercer 
198  D°,  W""  M"Ree  500  N.  Hanover,  D"  640  D°,  Saml  Moore  100  Ons- 
low, Jas  Noble  500  Carteret,  Saml  Negus  200  D°,  Moses  Ronntree  640 
Bertie,  Rob'  Ruffin  150  Craven,  Rob'  Reford  300  D",  Thos  Rhodes  400 
N.  Hanover,  John  Howell  418  Bertie,  Alex  Fraizer  300  Carteret,  W"" 
Faris  320  N.  Hanover,  D°  100  D°,  Jno  Gray  300  D",  D°  200  Craven, 
George  Goulde  640  D°,  Thos  Johnston  430  Onslow,  Saml  D"  200  Craven, 
D°  3000  Onslow,  D"  350  D°,  D"  640  N.  Hanover,  David  Jamison  150 

Vol.  4— 76 


602  COLONIAL  RECORDS. 


D°,  Sam  James  640  Onslow,  John  Hart  200  Craven,  W"  Spier  300 
Edgcombe,  Henry  Stanton  480  Carteret,  Nath'  Sannders  612  Edgcombe, 
D°  600  D",  Jonathan  Swaine  400  N.  Hanover,  Benj"  Small  100  Carteret, 
D"  200  D",  Michael  Shelford  200  Craven,  Thos  Tulley  300  Edgcombe, 
Jas  Ferrey  100  D",  Edward  Wingate  300  N.  Hanover,  W"  Weston  150 
Bertie,  Anthony  Williams  640  N.  Hanover,  Thos  Graves  for  a  resurvey 
of  a  tract  in  Craven.     Granted. 

Read  Sundry  petitions  for  Warrants  for  land  on  Rights  proved  Viz 

Arch  Buoy  150  Bladen,  Alex  Colvin  550  N.  Hanover,  Jno  Ellarby 
650  Bladen,  Rich*  Field  550  Onslow,  Sam'  Green  360  N.  Hanover, 
Tho'  Garrey  400  Edgcombe,  Corn"  Harnet  200  N.  Hanover,  D"  200  D°, 
Jno  Hardy  250  Edgcombe,  Joseph  Hudson  300  N.  Hanover,  Edmund 
Keight  300  Craven,  W"  Laytham  400  Bladen,  John  Lipsey  500  Ons- 
low, Jas  Murray  150  N.  Hanover,  Thos  Minyard  300  Bladen,  Jas  Ridg- 
way  100  Onslow,  Samuel  Samford  200  Beaufort,  James  Salter  200  Car- 
teret, George  Styrring  100  D°,  D°  400  D",  Phineas  Stevens  250  Onslow, 
John  Stewart  100  D°,  David  Williams  300  N.  Hanover,  Edw*  Wingate 
450  D°,  James  Wantland  150  Onslow     Granted 

Read  the  petition  of  Francis  and  William  Brice  for  187  Acres  front 
land  of  a  large  tract  of  old  patent  land  on  the  East  side  of  Trent  river 
iu  Craven  County  left  them  by  their  Father  and  praying  that  a  patent 
may  not  be  granted  to  Col°  Wilson  on  a  Warrant  for  land  near  or  upon 
the  same  place  they  apprehending  the  return  takes  in  part  of  the  afore- 
said Front  of  the  petitioners  Land 

Ordered  that  the  patents  to  be  issued  to  the  petitioners  and  to  Col 
William  Wilson  be  of  the  same  date  and  shall  give  to  each  of  the  parties 
the  land  that  shall  be  found  to  front  each  of  their  tracts  respectively  But 
a  patent  to  issue  to  neither  till  they  have  taken  out  Warrants  and  had 
regular  returns  made  thereon 


At  a  Council  held  at  Wilmington  29"'  day  of  September  1741 
Present  His  Excellency  the  Governor 

(  Nath  Rice  Roger  Moore    ")  t-.    „  ^r      i 

a^i      u       I  1    )  1.^1         All  T  Ar  (  EiSq"  Members 

ihe  Honoble-;  Eleaz  Allen  James  Murray  >       f.  ^,         ., 

(Math  Rowan  W»  Forbes    "j     "^trnrncl 

The  following  persons  were  admitted  to  prove  their  Rights  in  order  to 
their  taking  up  of  land  Viz' 

John  Wynns  Bertie  white  16,  black  15;  Jno  Clitheral  N.  Hanover 
[white]  2,  [black]  9. 

Read  sundry  Petitions  for  Warrants  for  Land  on  Rights  proved  Viz' 


COLONIAL  RECORDS.  G0.3 


William  Kennedy  100  Bertie,  Jno  Starkey  150  Onslow,  Edward 
Wingate  200  N.  Hanover,  Rufns  Marsden  200  N.  Hanover,  Jno  VVynns 
200  Bertie,  D°  400  Craven.     Granted 

Read  sundry  Petitions  for  Patents  for  Land  Viz' 

John  Porter  640  N.  Hanover,  Richard  Lovelett  385  Craven,  Riciiard. 
Lovelett  130  Craven,  Samuel  Buxton  and  Isaa<'  Edwards  for  a  resurvey 
of  a  tract  in  Granted 


At  a  Council  held  at  Wilmington  the  2*  day  of  October  1741 
Present  His  Excellency  the  Governor 

{Nath  Rice  Roger  Moore    )  p,  «  vf      i 

Eleazor  Allen     James  Murray  V      %  r^         ■\ 
Tir  4.1    r>  •    (      01  Council 

Math  Rowan  ) 

Read  sundry  petitions  for  patents  for  Land  Viz' 

Martin  Frank  640  Craven,  William  Daniel  100  Currituck,  Martin 
Frank  640  Craven,  Edward  Frisby  200  D°,  Warren  Andrews  250  Tyr- 
rel,  Thos  Little  150  Beaufort,  John  Crickert  95  Bertie,  Jas  Keith  320 
N.  Hanover     Granted 

Read  sundry  Petitions  for  Warrants  for  land  on  Rights  proved  Viz' 

John  Filleau  150  Craven,  Samuel  Wilson  100  Onslow,  John  Matchett 
600  N.  Hanover     Gi'anted 

The  following  persons  were  admitted  to  prove  their  Rights  in  order  to 
their  taking  up  Land  Viz' 

Robert  Potter  N.  Hanover  white  6,  black  2,  Archibald  McFarter  D° 
[white]  3,  [black]  2 

The  Secretary  reported  to  the  Board  that  the  Commissioners  of  the 
Quit  Rents  Insisted  upon  the  words  who  shall  usually  reside  thereon  to 
be  added  to  the  clause  for  one  white  person  to  seat  a  thousand  acres  or 
under  two  thousand  and  so  on. 

By  order  NATH  RICE  C.  C. 


1742. 

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

Wilmington  Feb''  15,  174| 
Rev''  Sir  [to  the  Secretary] 

The  assembly  of  this  Province  sat  here  September  last,  and  by  some 
diseoverys  made  me  of  the  secret  springs  of  their  actions,  I  soon  per- 


(i(»4  COLONIAL  RECORDS. 


eeived  that  nothing  was  to  l>e  done  for  the  proper  encouragem'  of  an 
established  ministry  among  them.  Some  pretend  they  want  to  chuse  for 
themselves  and  will  by  no  means  have  my  Lord  of  London  interpose  in 
tilling  np  the  vacancys ;  others  complain  of  their  poverty  and  trnly  indeed 
because  of  the  indolence  of  the  generality  of  the  Lihabitants. 

Rev"  sir  your  most,  &c.,  JAMES  MOIR. 


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

No.  Carolina  Bath  Town  April  16:  1742. 
Reverend  Sir  [to  the  Secretary] 

In  obedience  to  the  order  of  the  Honorable  Society  to  me  I  send  by 
this  a  true  and  faithful  account  of  my  services  for  this  year  from  this 
time  twelve  months  Viz' 

The  number  baptized  by  me  in  my  Resident  Parish  and  all  other 
within  my  Mission,  which  are  Six  hundred  and  twenty  three,  beside  nine 
adults  and  three  negroes. 

The  number  of  the  communicants  in  all,  as  above  are  one  hundred 
and  three. 

As  to  the  number  of  those  who  profess  themselves  of  the  Church  of 
England  Dissenters  &  Papists  I  cannot  as  yet  send  you  an  account 
thereof; 

The  number  of  Heathen  &  Infidels  I  am  informed  amount  to  two 
thousand  or  thereabouts. 

I  do  beg  the  favour  of  you  to  inform  their  Honours  with  my  endeav- 
ours, to  promote  goodness,  Christianity  and  the  true  Religion  among  the 
Inhabitants  within  my  mission,  but  immorality  is  arrived  to  that  head 
among  so  many,  that  it  requires  not  only  some  time  but  great  patience 
to  conquer  it;  because  upon  my  jireaching  upon  an}'  prevalent  &  pre- 
dominant Sin,  I  must  be  prepared  to  stand  the  persecution  of  tliose  wlio 
are  guilty  of  it,  especially  in  ray  resident  Parish,  in  which  adultery. 
Incest,  Blasphemy,  and  all  kinds  of  profaneness  has  got  such  deep  root. 

I  shall  be  more  large  in  my  next.  In  the  mean  time  I  stand  the  op- 
pression of  an  inveterate  and  obstinate  Parish,  govern'd  by  twelve  Ves- 
try men,  whose  only  endeavour  is  to  hinder  &  obstruct  the  service  of  God, 
being  performed,  they  themselves  never  coming  to  hear  the  word  of  God, 
and  dissuading  as  much  as  possible  others  from  it  and  who  in  a  particu- 
lar manner  exercise  their  malice  daily  against  me,  by  depriving  me  of 
my  quietness  of  mind  and  the  enjoyment  of  the  small  Salary  of  £37  :  10* 


COLONIAL  RECORDS.  605 


per  anil"  allow'd  by  law,  &  which  I  am  obliged  to  have  recourse  to 
recover,  having  had  nothing  these  4  years  for  the  support  of  my  Family, 
but  what  is  allow'd  to  me  by  the  Hon"'  Society,  for  whom  my  humble 
Prayers  to  God,  &  my  humble  respect  to  your  Reverence  &  begging  the 
continuance  of  your  favour,  am 

Rev"  Sir,  your  most,  &c.,  JOHN  GARZIA. 


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

Wilmington  April  22''  1742. 
Reverend  Sir,  [to  the  Secretary] 

When  I  was  in  London  I  signified  to  you  that  this  part  of  the  Prov- 
ince where  I  am  Missionary  is  about  150  miles  in  breadth  along  the 
coast  and  that  in  some  places  they  have  settled  upwards  of  150  miles 
back  from  the  sea  The  Inhabitants  are  very  much  scattered,  and  most 
of  them  live  at  a  great  distance  from  one  another  which  renders  it  impos- 
sible for  me  to  serve  them  as  I  could  wish  the  generality  of  them  are 
extremely  ignorant,  I  baptized  210  children.  I  likewise  told  you  then 
that  there  was  very  little  encouragement  for  a  Regular  Ministry  &  I  don't 
see  as  yet  any  prospect  of  bettering  it. 

Since  the  15"'  of  February  last  I  have  baptized  32  children  &  received 
to  the  communion  48  Persons.  In  this  county  which  is  pretty  large  we 
have  about  3000  Inhabitants,  two  thirds  whereof  are  Negroe.s,  I  take 
one  half  of  the  whites  to  be  Dissenters  of  various  denominations — not- 
withstanding I  ride  twice  a  year  betwixt  this  and  the  Neuse  and  make  all 
the  inquirys  I  can,  it  is  not  possible  for  me  to  know  the  number  of  In- 
habitants and  what  they  profess  we  have  no  churches  no  Glebes,  no 
Parsonage  Houses,  nothing  so  far  as  I  can  see,  that  discovers  in  the  Peo- 
ple the  least  intention  of  providing  even  the  necessary  travelling  charges. 
We  are  wretchedly  accommodated  and  at  extravagant  rates  We  are  sub- 
ject to  so  many  inconveniences  that  I  am  ashamed  to  mention  them,  and 
don't  at  all  wonder  to  hear  former  Missionaries  were'much  dissatisfied  & 
had  so  little  inclination  to  stay  in  this  Province. 

The  May  following  I  acquainted  you  that  since  October  last  I  had 
twice  gone  the  length  of  the  Neuse  performing  the  duties  of  my  Func- 
tion in  different  places — that  I  had  baptized  306  white  children,  &  one 
adult,  about  7  Negro  Infants  &  two  adults — that  the  number  of  commu- 
nicants was  but  small,  the  most  part  of  the  people  being  ignorant  to  the 
last  degree  &  little  or  no  provision  made  for  the  necessary  charges  of  such 


606  COLONIAL  RECORDS. 


as  might  be  willing  to  instruct  them,  that  the  Assembly  of  this  Province 
was  to  meet  here  the  September  ensuing,  and  that  not  a  few  of  the  Mem- 
bers had  promised  to  use  their  endeavours  to  put  the  Clergy  on  a  better 
footing  than  they  had  been  heretofore. 

I  am,  Rev*  Sir,  &c.,  JAMES  MOIR 


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

Brunswick  Sept"  4.  1742. 
Reverend  Sir  [to  the  Secretary] 

This  County  of  New  Hanover  where  I  reside  was  last  year  divided 
into  two  Parishes  Viz'  the  Parish  of  St.  James  on  the  North  side  of 
Cape  Fear  River,  and  that  of  St.  Philip  on  the  South.  The  Vestry  of 
St.  James  immediately  after  division  agreed  to  pay  me  annually  £50  ster. 
upon  my  consenting  to  be  their  Minister.  The  year  before  they  allowed 
me  only  £16  Sterling  of  which  not  one  Farthing  is  paid  as  yet.  The 
Vestrys  are  chosen  in  this  Province  every  other  year  &  are  empowered 
to  fix  the  Parish  charges  &  Tax  the  People  accordingly ;  they  make  a 
new  agreement  M'ith  or  reject  their  Minister  yearly  according  to  pleasure; 
and  the  Parishes  being  very  large  it  happens  that  sometimes  there  is  a 
majority  of  the  Vestry  in  one  Quarter  &  sometimes  in  another,  which 
renders  it  difficult  for  the  Minister  to  know  in  what  places  he  shall  offi- 
ciate next  year  or  whether  he  is  to  officiate  at  all,  in  that  very  Parish 
where  he  was  elected  the  preceding  year. 

The  new  Vestry  of  S'  James  in  May  last  thought  their  Predecessors 
had  been  too  generous  to  me  &  insisted  on  my  officiating  twice  a  Month 
in  two  different  places  about  the  distance  of  20  miles  from  Wilmington 
each  and  once  in  3  Months  in  two  other  places  one  at  the  distance  of 
36  Miles,  the  other  of  60  all  in  the  Parish  and  where  I  had  officiated 
formerly ;  signifying  to  me  at  the  same  time,  that  they  would  allow  me 
one  Month  in  the  year  to  visit  the  other  Parishes  within  the  bounds  of 
my  Mission;  the  remainder  of  the  year  was  to  be  spent  at  Wilmington — 
with  which  I  promised  to  comply  upon  this  condition  they  wo*  continue 
the  £50  S"'  p'  ann"  according  to  my  agreement  with  the  last  Vestry. 
This  they  refused  and  would  promise  me  no  more  than  £37.  lOsh.  which 
was  the  least  they  were  permitted  to  give  by  a  new  Law.  I  immediately 
took  my  leave  of  them,  being  fully  convinced  from  the  experience  of  the 
two  former  years,  that  this  allowance  together  with  the  Bounty  of  the 
\^enerable  Society  would  not  defray  the  necessary  charges  of  my  office. 


COLONIAL  KECORDS.  607 


Some  time  after  they  sent  for  me,  pretended  the  Parish  was  poor  and 
they  had  some  thoughts  of  getting  me  £12.  lOsh.  by  Subscription — tliis 
I  could  not  consent  to  because  of  the  uncertainty  of  the  very  payments 
that  are  to  be  made  as  the  Law  directs.  Several  of  the  Gentlemen  be- 
longing to  the  Vestry  of  the  Parish  of  St.  Philip's  being  in  Town  at  the 
time;  and  hearing  what  had  passed  in  one  Vestry  gave  me  to  know  they 
would  gladly  accept  of  the  offer  I  made  the  other  Vestry.  I  took  some 
time  to  consider  tiiis.  And  upon  recollecting  how  the  Venerable  Society 
had  recommended  me  to  Brunswick  &  Wilmington  (formerly  called  New- 
ton) while  they  made  but  one  Parish  ordering  me  at  the  same  time  to  be 
directed  by  the  Governour,  who  allows  me  to  chuse  for  myself,  and  after 
reading  the  22'^  of  the  New  Orders  relating  to  the  Missionaries ;  I 
thought  I  could  not  in  justice  refuse  the  Gentlemen  who  presently  agreed 
to  give  me  £10  Ster  :  more  than  I  desired  of  the  other  Vestry. 

A  Missionary  in  this  River  has  a  most  difficult  part  to  act,  for  by 
obliging  one  of  the  Towns  he  must  of  course  disoblige  the  other,  each  of 
them  opposing  the  other  to  the  utmost  of  their  power.  Notwithstand- 
ing the  majority  of  the  present  Vestry  at  Wilmington  are  professed  Dis- 
senters &  endeavour'd  by  all  ways  &  means  to  provoke  me  to  leave  that 
place  yet  they  cannot  endure  my  settlement  at  Brunswick — while  I  was 
their  Minister  they  were  offended  at  my  officiating  some  times  in  S' 
Philip's  &  now  to  exasperate  that  Vestry  against  me,  they  insist  on  my 
officiating  frequently  among  them — I  lived  two  years  &  upwards  in  St. 
James'  Parish  &  baptizeil  many,  but  could  never  prevail  with  them  to  give 
me  an  opportunity  of  baptising  one  in  the  Court  house  which  is  their  place 
of  Public  Worship 'And  now  that  I  live  in  another  Parish,  they  still 
want  me  to  Baptize  when  &  wheresoever  they  please,  which  I  cannot 
c(jinply  with,  and  therefore  offered  to  do  it  at  stated  times  in  their  Pari.sh  ; 
but  this  would  not  satisfy  them — Some  of  them  seemed  resolved  to  com- 
plain against  me  at  any  rate,  and  actually  threatened  to  do  it  upon  my 
refusing  to  baptize  any  child  in  their  Parish  when  desired — I  shall  always 
be  ready  to  perform  any  part  of  my  Function  at  proper  seasons  and  in 
proper  places,  &  indeed  upon  any  occasion  if  a  just  reason  can  be  as- 
signed— Though  I  cannot  help  condemning  myself  for  having  baptized 
many  children  here  in  cornei's,  who  might  have  been  brought  to  the 
Public  Service,  with  very  little  inconvenience — the  better  sort  of  People 
where  I  now  live,  need  no  persuasion  (thank  God)  to  bring  their  children 
to  be  Baptizerl  on  Sundays;  whereas  at  Wilmington  the  meanest  of  them 
reckoned  it  an  affront  to  desire  them. 

No  Province  in  America  as  far  as  I  can  learn  has  more  need  of  Mis- 
sionaries &  none  can  deserve  them  less — As  we  are  subject  to  the  humours 


608  COLONIAL  RECORDS. 


and  caprices  of  Vestrys  here,  I  cannot  think  it  would  be  amiss  to  permit 
us  to  settle  in  such  Parishes  as  are  most  willing  to  contribute  towards 
our  Maintenance;  and  must  confess  I  have  no  prospect  at  all  of  better- 
ing our  condition  here  unless  the  Venerable  Society  oblige  every  one  of 
our  Parishes  that  applys  to  them  for  a  Missionary  to  make  some  certain 
provision  for  him  before  he  is  sent  over — And  so  soon  as  I  can  hear  that 
the  Venerable  Society  is  disposed  to  send  over  any  I  shall  not  fail  to  let 
them  know  the  particular  Parishes  where  they  are  likely  to  be  most  ser- 
viceable. 

I  hope  my  Letter  of  April  last  is  come  to  hand  before  this  time, 
together  with  the  copy  of  it  I  left  to  be  transmitted  when  I  set  out  for 
the  Northern  parts  of  my  Mission,  and  now  beg  leave  to  acquaint  you 
that  since  that  time  I  have  baptized  74  white  children  and  one  slave,  & 
administered  the  Sacrament  of  the  Holy  Supper  to  56  Persons — From 
the  Boundary  Line  of  S°  Carolina  to  the  S°  West  Branch  of  Neuse  River 
we  have  five  Countys — As  to  the  County  of  New  Hanover  I  have  men- 
tioned it  already — The  other  four  countys  make  but  five  Parishes — And 
the  number  of  the  Inhabitants  Male  and  Female  from  16  to  60  amounts 
to  7000  and  upwards,  they  have  but  few  Negroes  among  them  in  com- 
parison to  what  we  have  in  this  County.  I  propose  to  Travel  twice  a 
year  betwixt  South  Carolina  and  the  Newsetill  another  Missionary  came 
in  l)iit  shall  not  be  able  to  do  so  above  once  after  this  Fall — For  no 
Parish  here  will  consent  to  any  more,  and  if  we  have  no  Parish  we  can- 
not live — There  are  no  Fees  in  this  Province  but  for  Marriages,  and  the 
Justices  of  the  Peace  take  all  of  those  Fees  where  there  is  no  settled  Minis- 
ter in  tlie  Parish — Moreover  my  health  won't  permit  me  to  undergo  toil 
and  fatigue  as  I  have  done  heretofore.  Many  are  the  inconveniencys  Mis- 
sionarys  are  exposed  to  in  this  country  as  I  could  easily  prove  were  it 
not  I  hate  dwelling  on  such  a  subjec't,  and  should  have  never  tired  your 
patience  with  such  hints  but  that  too  many  here  want  to  make  Slaves 
and  drudges  of  us  and  yet  won't  allow  us  any  reasonable  satisfaction  for 
our  jiain  I  am  Rev"  Sir,  yours,  &v       '  JAMES  MOIR. 


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

St.  Pauls  Parish  So.  Carolina  Sept  .30,  1 742. 
Rev''  Sir,  [to  the  Secretara'] 

Since  my  last  I  have  baptized  2  adults,  one  convert  from  Quakerism, 
and  the  other  a  (.onx-ert  from  the  sect  of  the  Anabaptists.     I  have  also 


COLONIAL  RECORDS.  fiOD 


baptized  12  children  as  appears  by  the  Not.  Paroch,  which  T  have  en- 
closed. 

As  to  the  number  of  Inhabitants  there  is  little  alterati(jn  since  mv 
last,  except  some  few  dead,  and  some  moved  out  of  the  Parish,  and  there 
are  as  many  children  since  born,  as  keep  the  number  near  equal.  My 
congregation  at  the  Church  is  not  large,  but  at  the  chappel  I  have  gen- 
erally about  a  hundred  persons.  I  am  very  much  concerned  when  I 
consider  the  number  of  my  communicants,  but  I  hope  by  God's  blessing 
on  my  endeavours  both  in  publick  &  private,  soon  to  have  an  increase. 
And  tho'  I  have  had  a  very  bad  state  of  health  this  summer,  occasioned 
I  believe  in  a  great  measure,  by  the  vast  fatigue  I  had  in  the  discharge 
of  my  duty  being  obliged  to  reside  a  great  distance  from  both  church  & 
chapel,  yet  I  Jiave  always  performed  the  duties  of  my  office  when  in  any 
measure  well.  I  hope  to  the  edification  and  improvement  of  the  people 
under  my  charge. 

As  yet  thei-e  is  nothing  done  by  the  Parish  or  assembly  towards  the 
repairs  of  the  Parsonage  House,  the  want  of  which  has  been,  and  is  a 
very  great  disadvantage  to  me.  I  received  1  Doz.  of  Books  of  the  Rev. 
Mr.  Garden  to  wit,  an  instruction  for  the  Indians,  written  by  the  Bishop 
of  Sodor  and  Mann ;  which  I  have  distributed  amongst  those  of  mv 
Parishioners;  who  I  judge  will  make  the  best  use  of  them  :  and  I  doubt 
not  but  they  will  be  of  very  great  use  and  service  towards  the  good  end 
intended  by  them.  For  tho'  we  have  but  a  few  Indians;  and  those  few 
unsettled  in  this  Parish,  yet  we  have  near  4000  Negroes  in  it,  very  few 
of  whom  know  any  thing  of  Christianity  at  all. 

If  the  Society  thought  proper  to  send  me  some  few  of  Mr.  Wall's 
abridgment  of  the  history  of  Infant  Baptism  and  the  best  answer  to 
Barclay's  Apology  (if  cheap,  and  to  be  had  on  easy  terms)  to  be  distrib- 
uted amongst  the  people  I  believe  they  might  be  of  great  use.  For  as 
this  country  was  at  first  settled  in  a  great  measure  by  Baptists  &  Qua- 
kers, so  their  descendants  (tho'  they  come  to  church  now  and  then)  yet 
they  still  retain,  and  are  more  or  less  under  the  influence  of  their  Father's 
Principles. 

Lam  Rev*  Sir,  your  most,  &c.,  WILLIAM  ORR. 


Vol.  4—77 


610  COLONIAL  RECORDS. 


[B.  P.  E.  O.  B.  T.  Journals.  Vol.  51.  p.  22.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday  February  24"'  174 J. 
Present 
Col.  Bladen.     M'  Ashe 
M'  Plumer.      M'  Keene 
M'  Pelham. 
Read  a  letter  to  the  Secretary  from  M'  M°Culloh  dated  at  Wilmington 
in  North  Carolina  Nov'  12""  1741  mentioning  some  Representations  and 
Memorials  to  the  Lords  of  the  Treasury  and  to  this  Board  which  he  has 
transmitted  by  diiferent  ships. 

[Page  34. 

Tuesday  March  2"''  1741. 

The  Secretary  laid  before  the  Board  the  following  public  papers  tran.s- 
mitted  from  North  Carolina  and  brought  to  the  Office  by  William  Smith 
Esq.  President  of  the  Council  of  that  Province  Viz: 

Minutes  of  Council  from  22  May  to  24  August  1740.  and  from  6 
March  174f  to  23  May  1741. 

Minutes  of  Council  in  A.ssembly  beginning  6*  of  Feb'^  1^3|-  &  be- 
ginning 5  Feb''''  173^  and  ending  27""  Ditto 

Minutes  of  A.ssembly  beginning  6""  Feb"^  173|-  &  beginning  5  Feb'^ 
173^^  and  ending  27*  ditto 

[Page  31  1 

Tuesday  March  23"»  174i 

The  Secretary  laid  before  the  Board  the  following  papers  lately  re- 
ceived from  W"  Smith  Esq"  President  of  the  Council  of  North  Caro- 
lina Viz' 

Journal  of  the  Upper  Hou.se  of  As.sembly  at  the  Sessions  begun  July 
31"  1740. 

Minutes  of  Assembly  beginning  July  31  and  ending  22""  August  1740. 

[Page  37.1 

Friday  April  9""  1742. 
M'  Samuel  Wragg  Merchant  Agent  for  the  Assembly  of  North  Caro- 
lina attending  moved  the  Board  to  take  into  consideration  an  Act  pas.sed 
in  that  Province  in  August  1740  to  appoint  able  and  skilful  Clerks  for 
the  several  County  Courts  within  that  Province  and  for  the  better 
securing  and  safe  keeping  the  records  of  the  same — whereupon  their 


COLONIAL  RECORDS.  611 


Lordships  agreed  to  consider  tlie  said  Act  and  papers  relating  thereto  on 
Wednesday  Morning  next  and  M'  Wragg  promised  to  acquaint  M"'  John 
Sharpe  (Solicitor  to  M'  Rice  Secretary  of  North  Carolina)  therewitli  that 
he  might  attend  at  the  same  time. 

[Page  40.J 

Wednesday  April  14'"  1742 

Read  a  letter  from  M'  Johnston  Gov'  of  North  Carolina  dated  at 
Edenton  Dec.  21.  1741  giving  an  account  of  liis  attempt  to  pass  a  new 
Quit  Rent  Law  and  his  ill  success  therein  as  also  of  his  having  pro- 
rogued the  Assembly  desiring  the  Board's  opinion  iiow  he  is  to  behave 
in  this  case  and  in  relation  to  Quit  Rents.  When  tiie  Board  after  some 
time  spent  in  considering  the  subject  of  the  said  letter  resolved  to  take  ^ 
the  same  into  consideration  again  after  the  recess. 

M'  Sam.  Wragg  Merchant  Agent  for  the  Assembly  of  North  Caro- 
lina and  M"' John  Sharpe  Solicitor  for  M'  Rice  Secretary  of  North  Caro- 
lina attending  (as  had  been  appointed  by  the  Minutes  of  the  9""  inst.) 
the  Board  took  into  consideration  an  Act  passed  in  that  Province  in 
August  1740  to  appoint  able  and  skilful  clerks  for  the  several  County 
Courts  within  that  Province  for  the  better  securing  and  safe  keeping  the 
records  o£  the  same  And  the  Board  after  hearing  M'  Sharpe's  objec- 
tions to  the  said  Act  appointed  Wednesday  the  28*"  of  this  month  for 
the  attendance  of  the  same  persons  in  order  to  show  M''  Rice's  power  of 
appointing  his  Deputys  as  also  for  considering  at  the  desire  of  M' 
Sharpe  another  Act  of  North  Carolina  passed  in  1740  Entituled  An 
Act  for  the  further  and  better  regulation  of  the  Town  called  Wilming- 
ton in  New  Hanover  County  and  to  establish  the  Church  of  the  Parish 
of  St.  James  to  be  built  in  the  said  Town. 

[Page  43.] 

Wednesday  April  28'"  1742. 

M'  Wragg  not  attending  according  to  appointment  of  the  Minutes  of 
tlie  14'"  inst  M"'  Sharpe  at  his  request  being  admitted  desired  the  Board 
to  appoint  another  day  for  their  attendance  which  being  agreed  to  Friday 
morning  next  was  accordingly  appointed. 

[Page  44.] 

Friday  April  30'"  1742. 

M'  John  Sharpe  attending  as  appointed  by  the  Minutes  of  the  28'" 

inst.  acquainted  the  Board  that  M'  Wragg  being  indisposed  was  not  able 

to  attend  but  that  he  desired  to  be  heard  in   opposition  to  an  Act  of 

Nortli  ('arolina  (mentioned  in  tlie  same  Minutes)  entituled  An  Act  for 


612  COLONIAL  RECORDS. 


the  further  and  better  regulating  of  the  Town  called  Wilmington  iu 
New  Hanover  County  and  to  establish  the  Church  of  the  Parish  of  St. 
James  to  be  built  in  the  said  Town  as  also  against  another  Act  passed 
in  the  said  Province  entituled  An  Act  for  erecting  the  Village  called 
Newton  in  New  Hanover  County  into  a  Town  and  Township  by  the 
name  of  Wilmington  and  for  regulating  and  ascertaining  the  bounds 
thereof  and  he  was  accordingly  heard  and  the  objections  made  by  him  to 
the  said  Acts  were  supported  by  Messrs.  Samuel  Wood  and  Lawrence 
Dent  Masters  of  Vessels  Witnesses  produced  by  him  and  the  Board 
after  they  were  withdrawn  having  taken  the  affair  into  consideration  Or- 
dered that  copies  of  the  said  Acts  be  sent  to  M'  Mauley  Secretary  to  the 
Commiss"  of  his  Maj.  Customs  and  that  he  be  desired  to  lay  the  same 
before  the  Commiss"  in  order  to  have  their  opinion  whether  the  altera- 
tions proposed  in  the  said  Acts  so  far  as  they  relate  to  the  Customs  may 
affect  his  Maj.  revenue  there  &  that  this  Board  may  be  informed  of  their 
objections  to  the  said  Acts  if  they  have  any. 

[Page  60.] 

Thursday  June  17*  1742. 

Read  a  letter  from  M'  M°Culloli  to  the  Board  dated  at  Cape  Fear  in 
North  Carolina  the  12*  of  Nov'  1741  inclosing  a  Representation  to  their 
Lordships  with  an  account  of  his  proceedings  in  North  &  South  Carolina 
in  the  execution  of  his  Commis.sion  and  transmitted  to  the  Board  in 
obedience  to  His  Maj.  Instructions,  together  with  the  following  papers. 

Copy  of  the  Memorial  of  M'  Henry  M'Culloh  to  the  Lords  Com- 
miss"  of  His  Maj.  Treasury. 

Copy  of  a  letter  wrote  to  the  Speaker  of  the  Assembly  of  South 
Carolina  by  M"'  M°Culloh. 

Publick  notice  addressed  to  all  Gentlemen  Freeholders  whom  it  may 
concern. 

Proposals  of  Henry  M'Culloh  Commiss"  of  the  Quit  Rents  with  the 
report  of  the  Committee  of  the  whole  House  thereon  as  agreed  to  by  the 
House. 

Copy  of  several  Orders  &  Directions  given  to  the  Deputy  Auditor  & 
Surveyor  Gen'  of  the  Lands  and  also  to  the  Secretary  and  Receiver 
General  of  the  Quit  Rents. 

Copy  of  several  resolutions  of  the  Lieut.  Gov'  and  Council  of  South 
Carolina  the  3"*  April  1741  in  relation  to  His  Maj.  15*  &  16*  instruc- 
tions given  by  Henry  M°Culloh  in  charge  to  the  Surveyor  General  of 
the  Lands. 

Ci)mmissioner  of  the  Quit  Rents  Representation  to  the  Lieut.  Gov' 
of  Soutii  Carolina  in  Council  with  a  Declinary  Plea  annexed  8  April  1741. 


COLONIAL  RECORDS.  613 


Form  of  a  Rent  Roll  delivered  the  Deputy  Auditor  General. 

Tiie  Method  and  Form  to  be  observed  by  the  Deputy  Auditor  and 
Secretary  in  making  out  a  particular  state  of  the  present  possessors  of 
lands  in  rights  of  Grants  Patents  and  Warrants. 

Observations  on  the  heads  of  a  Bill  humbly  proposed  by  Henry 
M°Culloh  to  his  Honor  the  Lieut.  Gov'  of  Soutli  Carolina  in  Council  to 
be  recommended  to  the  consideration  of  the  Commons  House  of  Assem- 
bly of  that  Province. 

[Page  71.J 

Wednesday  July  14'"  1742. 

Read  again  and  reconsidered  the  Representation  from  M'  M'Culloh  to 
the  Board  dated  12'"  Nov'  1741  (mentioned  in  the  Minutes  of  the  17'" 
of  last  month)  relating  to  his  proceedings  in  the  execution  of  his  Com- 
mission in  North  and  South  Carolina. 

A  letter  of  M'  Johnston  Gov'  of  North  Carolina  dated  21st  of  Dec' 
1741  (read  the  14'"  of  April  last)  was  likewise  again  read  giving  an 
account  of  his  attempt  to  pass  a  Quit  rent  law  and  his  ill  success  therein 
as  also  of  his  having  prorogued  the  Assembly  and  desiring  the  Board's 
opinion  how  he  is  to  behave  in  this  case  and  in  relation  to  collecting  the 
Quit  rents. 

The  further  consideration  of  the  subject  of  the  said  Letters  and  Repre- 
sentation particularly  relating  to  a  new  Quit  Rent  Law  to  be  passed  in 
North  Carolina  was  deferred  to  anotiier  opportunity. 

[Page  "30 

Thursday  July  15'"  1742. 

Tiie  Board  took  into  further  consideration  the  letter  and  Representa- 
tion from  M'  M'Culloh  relating  to  his  proceedings  in  Carolina  (men- 
tioned in  yesterday's  minutes)  as  also  M'  Johnston's  letter  relating  to  a 
new  Quit  rent  Law  to  be  passed  in  North  Carolina  and  made  some  prog- 
ress therein. 

[PageSti.] 

Wednesday  Aug.  18'"  1742. 

The  draught  of  a  letter  to  Gabriel  Johnston  Gov'  of  North  Carolina 
in  answer  to  one  from  him  of  21"  Dec'  last  having  been  prepared  was 
agreed  to,  transcribed  &  signed. 

Ordered  that  tiie  Secretary  transmit  a  copy  of  M'  Johnston's  said  let- 
ter in  one  to  M'  Scrope  Secretary  of  the  Treasury  and  desire  him  to  lay 
the  same  before  the  Lords  Conuu"  for  their  directions  thereupon 


614  COLONIAL  RECORDS. 


[Page  87.  J 

Thursday  August  19'"  1742. 
The  Board  having   reconsidered   M'  M°Culloh's   letters   and   papers 
(mentioned  in  the  minutes  of  the  17*  June  &  14*  July  last)  ordered  the 
Secretary  to  write  him  an  answer  thereto. 

Memorandum.  Aug'  26""  1742. 

After  the  adjournment  of  the  Board  a  letter  was  received  from  M' 
Scrope  Secretary  of  the  Treasury  dated  the  25"*  of  Aug.  1742  in  answer 
to  one  from  the  Secretary  of  this  Board  signifying  that  the  Lords  of  the 
Treasury  desire  to  be  informed  whether  there  is  any  established  Court  of 
Exciiequer  in  Nortii  Carolina.  Whereupon  the  next  day  the  Secretary 
writ  an  answer  to  M"'  Scrope's  letter. 

[Page  89.] 

Thursday  October  7"'  1742. 
Ordered  that  the  Secretary  write  to  M''  John   Sharpe  and  desire  his 
attendance  at  the  Board  on  Wednesday  morning   next  when  they  have 
appointed  to  take  into  further   consideration  the  Act  to  appoint  Clerks 
for  the  several  County  Courts  in  North  Carolina 
[Page  93.] 

Wednesday  October  13""  1742. 
M'  Sharpe  attending  as  desired  by  the  Minutes  of  the  7*  inst.  the 
Board  after  some  discourse  had  with  him  on  the  subject  of  the  Act  en- 
tituled  An  Act  to  appoint  Clerks  for  the  several  County  Courts  in  North 
Carolina  ordered  the  draught  of  a  representation  to  his  Maj.  to  be  pre- 
pared proposing  his  disallowance  of  the  said  Act. 

[Page  94.] 

Thursday  October  14'"  1742. 

The  draught  of  a  Representation  to  His  Majesty  for  disallowing  the 
Act  of  North  Carolina  pas.sed  in  August  1740  entituled  an  Act  to  appoint 
Clerks  for  the  several  County  Courts  in  North  Carolina  having  been 
prepared  as  ordered   by  the   minutes  of  yesterday  was  agreed   to  and 


[Page  103.] 

Tuesday  November  16'"  1742. 
The  Secretary   laid   before  the   Board  the  nine   following   copies  of 
Orders  in  Council  transmitted  from   the  Council  Office  the  24'"  of  last 
month,  Viz' 

Order  in  Council  dated  15'"  Sept'  1742  directing  Coramiss"  to  set 
apart  ^  part  of  the  Province  of  Carolina  to  the  Lord  Carteret  under 
certain  conditions. 


COLONIAL  RECORDS.  615 


[From  the  MSS.  Records  op  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Newbern  the  4""  day  of  May  1742 

Present  His  Excellency  the  Governor. 

Tl  e  H       11    /  -^1^^^^*'  Allen         Edward  Moseley  \  Esq"  Members 
\  Mathew  Rowan     Roger  Moore        J       of  Council 

The  Honourable  Eleazer  Allen  Esq'  having  produced  his  Majestys 
Commission  appointing  him  Receiver  General  of  this  province;  it  was 
read,  and  he  took  and  subscribed  the  several  Oaths  appointed  by  Law 
for  his  qualification,  and  the  Oath  of  Office 

Ordered  that  he  give  Bond  tomorrow  morning  in  the  sum  of 
Pounds,  with  good  and  sufficient  Securities,  for  the  due  and  faithfull 
performance  of  his  said  Office 

Read  the  petition  of  Thomas  Jonekin,  and  Sundry  other  Inhabitants 
of  Meherrin  Neck — setting  forth  that  they  had  been  in  possession  of 
several  small  Tracts  of  Land  on  the  said  neck  for  several  years;  That 
they  had  cultivated  the  same  at  great  expence,  and  paid  quit  rents;  That 
the  Indians  had  lately  surveyed  the  said  Lands  in  order  to  get  a  patent 
for  the  same,  and  had  Included  their  Lands  in  their  lines,  and  threat- 
ened to  drive  them  off  said  Land  ;  and  therein  prayed  relief 

Delayed  till  tomorrow  afternoon 

Read  the  petition  of  Jonas  Shevers  to  tiie  same  effect  as  the  foregoing 

Referred  the  Consideration  thereof  till  tomorrow 

The  following  persons  were  admitted  to  prove  their  Rights  to  their 
taking  up  of  Land  Viz* 

John  Slocumb  Craven  9  [white],  Thos  Hall  Edgcombe  5  [white]  4 
[black],  John  Creel  Craven  9  [white],  Jacob  Sheets  D"  5  [white]  5 
[black],  David  Dunn  Craven  3  [white]  2  [black],  Edw"  Bryan  D"  10 
[white]  l;3  [black],  Benj"  Foreman  Edgcombe  5  [white]  6  [black],  Ga- 
briel Johnston  Esq  60  [white.] 

Read  sundry  petitions  for  Warrants  for  Land  Viz' 

Thos  Bonner  300  Beaufort,  Robert  Boyd  100  D",  Thos  Bonner  200 
D",  Rob'  Boyd  250  D°,  Richard  Barrow  200  D",  John  Cooke  100  Tyr- 
rel,  Jas  Campaigne  100  Beaufort,  John  Maudnell  160  Hyde,  Griffin 
Floyd  600  Beaufort,  John  Mills  500  D",  Edmund  Pearse  200  Beaufort, 
James  Rigney  200  Craven,  D°  200  Beaufort,  Lodwick  Tanner  200  Edg- 
combe, John  Webster  250  Carteret,  Edward  W'ebster  400  Beaufort, 
Thos  Williams  300  D°     Granted 


616  COLONIAL  RECORDS. 


Read  the  following  petitions  for  Grants  for  patents  Viz' 
John  and   Zachariah   Williamson   640  Onslow,    Edward    Finer  300 
Beaufort     Granted 

At  a  Council  held  at  Newberne  the  5""  day  of  May  1742  Present  as 
before 

Read  the  Petition  of  Charles  Cavenah  setting  forth  that  he  had  ob- 
tained a  Patent  for  640  Acres  of  Land  which  was  240  acres  more  than 
was  contained  in  his  plat  thereunto  annexed  and  was  more  land  than  he 
held  by  that  quantity  and  prayed  his  patent  may  be  altered  agreeable  to 
the  Surveyors  return  Ordered  that  his  patent  be  altered  as  prayed  which 
was  accordingly  done  in  Council 

Read  Sundry  petitions  for  Warrants  for  Land  Viz' 

William  Carruthers  200  Beaufort,  Alex'  Colvin  200  N.  Hanover, 
Rob'  Dorray  550  Bladen,  Thomas  Hill  200  Edgcombe,  D°  500  D", 
Robert  Hudnall  150  D",  William  Jones  400  D",  Lazarus  Kennedy  100 
N.  Hanover,  John  Slocum  300  Craven,  Richard  Lovet  200  Craven,  D° 
200  B",  Thos  Owens  200  Edgcombe,  D°  200  D",  Sam'  Sloane  200  N. 
Hanover,  Col  William  Wilson  400  Craven,  D°  196  D°,  William  West 
100  D°.     Granted 

Read  Sundry  Petitions  for  Grants  of  Land  Viz' 

Thomas  Arrington  200  Edgcombe,  D°  200  Bertie,  Edward  Boykin  200 
D",  Edward  Bryan  200  Craven,  Fran'  &  William  Brice  187  D°,  Nieh' 
Born  200  Bertie,  Joseph  Cotton  300  Edgcombe,  D°  200  D",  Michael  Dor- 
man  180  D°,  John  Dorch  200  D°,  Richajid  Evans  300  Beaufort,  James 
Hasel  640  N.  Hanover,  Henry  Horue  270  Edgcombe,  Henry  Jones  500 
D°,  Thos  Kearney  300  D",  Stephen  Lee  200  Carteret,  James  Mitchel  640 
Edgcombe,  D"  300  D°,  William  Owen  150  Craven,  Edm*  Pearse  220 
Beaufort,  George  Pace  100  Edgcombe,  James  Pitman  200  D°,  Jacob 
Pope  300  D°,  Math  Rowan  640  N.  Hanover,  William  Reeves  128  Edg- 
combe, Richard  Sessums  200  D".     Granted. 

Read  the  petition  of  John  Starkey  and  John  Bryan  Ex°"  of  the  last 
Will  and  Testament  of  Ralph  Eaves  deceased  setting  forth  that  the  said 
Ralph  Eaves  in  his  Life  time  obtained  a  Warrant  for  three  hundred  acres 
of  Land  in  Craven  County  which  was  duly  surveyed  and  returned  into 
the  Secretary's  Office  but  that  no  Grant  passed  for  the  same  in  his  life 
time  praying  a  patent  for  the  said  Land  may  issue  in  their  names 

Granted  and  Ordered  that  a  patent  issue  to  the  petitioners  in  trust  for 
and  to  the  use  of  the  Legatees  in  the  Will  of  said  Eaves  mentioned 

Resumed  the  Consideration  of  Thomas  Jernagoon's  Petition  of  Yes- 
terday. It  appearing  that  the  Indians  therein  complained  of  were  in- 
titled  by  Virtue  of  an   Act  of  Assembly  past  in  November   1729  to  all 


COLONIAL  RECORDS.  617 


the  Laud  lying  between  the  mouth  of  Melierriu  River  and  so  up  the 
River  to  the  mouth  of  horse  pasture  Creek  formerly  called  Indian 
Creek  then  by  the  said  Creek  up  to  the  fork  of  it  then  by  the  North 
Easterly  branch  thereof  to  the  head  thereof  then  by  a  straight  line 
across  to  Chowan  River  by  the  upper  line  of  Mulberry  old  field  a  Sur- 
vey of  Samuel  Powers  Land  then  along  the  various  courses  of  the 
River  to  the  first  Station  so  long  as  they  should  continue  a  nation  and 
Inhabit  the  same 

Ordered  that  the  said  Indians  may  quietly  enjoy  tlie  Land  with  the 
bounds  mentioned  by  the  said  Act  of  Assembly  not  seated  by  the  peti- 
tioners or  other  white  persons,  but  that  the  said  petitioners  and  others  in 
possession  of  Lands  within  the  said  bounds  may  hold  the  said  Lands 
upon  payment  to  the  said  Indians  a  sum  not  exceeding  five  pounds  p' 
hundred  acres  Virginia  money,  if  they  shall  demand  the  same.  And 
that  such  persons  who  have  not  taken  out  Warrants  for  the  Lands  l)y 
them  respectively  held  shall  be  Intitled  to  the  same  upon  payment  of  the 
said  sum  or  other  agreements  with  the  said  Indians  properly  certified 

And  to  the  end  that  Strangers  may  not  be  imposed  upon  by  the  said 
Indians  by  their  offering  to  sale  any  Lands  within  the  said  bounds 
already  patented 

Ordered  that  the  said  Indians  do  not  presume  to  sell  or  dispose  of 
any  Lands  as  aforesaid  heretofore  pretended  by  the  Petitioners  or  others 
his  Majestys  Subjects  within  this  Province 

At  a  Council  held  the  o*  day  of  May  1742     Present  as  before. 

Read  the  petition  of  Eleoner  Russel,  setting  forth  that  she  was  under 
sentence  of  death  and  praying  to  be  reprieved 

The  following  persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  of  Land  Viz' 


White 

Black 

Black 

White 

Michael  Ram  Craven 

5 

Edw*  F'itz  Patrick  Crav 

en  6 

1 

James  Conner  Tyrrel 

6 

10     Thos  Fisher  D° 

8 

5 

Michael  Pitman  Craven 

4 

1     Simon  Bright  D° 

8 

2 

Jacol)  Taylor  D" 

7 

Geo  Kernegee  D" 

6 

10 

Jacob  Fudge  D° 

8 

Jno  Fonville  D° 

7 

18 

At  a  Council  held  at  Newbern  6""  day  of  May  1742  Present  as  be- 
fore 

The  fallowing  Persons  proved  their  Rights  in  order  to  their  taking  up 
of  Land,  Viz' 

John  Porter  N.  Hanover  white  8,  black  22,  Chas  Harrison  D"  [black] 
32,  Samuel  Swann  N.  Hanover  [white]  6,  [black]  39,  Thos  Clark  D" 
[white]  5,  [black]  4. 

Vol.  4—78 


618  COLONIAL  RECORDS. 


Read  the  petition  of  the  Palatines  being  Jacob  Sheets  and  others  set- 
tled on  Trent  river  in  North  Carolina  setting  forth  their  agreement  with 
Christopher  d"  Grafton  riedt  and  Lewis  Mitchel  Esq'  of  the  one  part  and 
Sir  John  Phillips  Baronet  and  others  of  the  other  part,  Commissioners 
and  trnsty  plenipotentiaries,  named  and  appointed  by  her  Majesty  Queen 
Anne  of  the  other  part,  in  relation  to  their  being  transported  to  this 
province  and  settled  here 

Also  the  Copy  of  Articles  of  Agreement  between  them  Whereupon 
it  was  Ordered  That  the  Attorney  General  attorney  for  Mr  Pollock, 
have  a  Copy  of  the  said  petition  and  Articles  in  order  that  Mr  Pollock 
may  have  notice  to  attend  at  the  next  Court  of  Claims  to  answer  the 
Premises 

His  Excelleney'the  Governour  in  Council  was  pleased  to  declare  the 
present  Assembly  Dissolved  and  a  proclamation  was  ordered  to  be  drawn 
up  immediately  to  give  notice  thereof 

His  Excellency  was  likewise  pleased  witii  the  advice  of  Council  to 
order  Writts  to  he  issued  for  the  Election  of  New  Members  of  Assem- 
bly throughout  this  province  to  bear  left  the day  of return- 
able the  first  Tuesday  in  August  next  at  Newberne;  and  the  day  of  Elec- 
tion to  be  the  third  Tuesday  in  June  next 

Read  Sundry  petitions  for  Grants  of  Lands,  Viz' 

Joseph  John  Alston  150  Edgcombe,  John  Buun  200  D°,  Nich°  Boon 
281  Bertie,  Darby  Bryan  300  Tyrrel,  Rich*  Brasswell  300  Edgcombe, 
Francis  Boykin  168  Bertie,  D°  400  D°,  James  Cain  640  Edgcombe, 
William  Charlton  600  Bertie,  James  Connor  640  Tyrrel,  Elias  Fort  150 
Edgcombe,  John  Fish  150  D°,  Elias  Fort  200  D°,  William  Foreman 
300  D°,  Christo"  Green  640  D°,  Sam'  Holliman  400  D",  John  Hodges 
300  D°,  John  Harrold  100  Bertie,  D"  617  D°,  Thos  Jordan  170  D°, 
River  D"  150  D°,  Henry  Jones  400  D",  Hickison  King  90  Tyrrel,  Mar- 
maduke  Kimbro'  510  Edgcombe,  D°  640  D°,  Thos  Kearney  150  D°, 
William  Liniear  200  Beaufort,  Patrick  Mahture  300  Edgcombe,  John 
Magee  300  D",  John  Oxley  300  Bertie,  Jacob  Pope  200  Edgcombe, 
William  Poole  147  Bertie,  John  Ryal  300  Edgcombe  Peter  Ram  150 
Craven,  Evan  Ragland  256  Edgcombe,  John  Shackleford  640  Carteret, 
Ebenezer  Slade  300  Tyrrel,  John  Taylor  100  Edgcombe,  William  Wade 
640  Bertie,  Sam  Wheatly  300  Tyrrel,  Jos  Wall  100  Edgcombe,  Col" 
W"  Wilson  196  Craven,  George  Williams  100  Bertie     Granted 

Read  Sundry  petitions  for  Warrants  for  Land  Viz' 

Samuel  Boutwel  300  Beaufort,  Alex'  Colvin  300  N.  Hano%'er,  James 
Conner  200  Edgcombe,  Lewis  Davis  100  Tyrrel,  Thos  Fisher  100 
Craven,  Dennis  Glison  640  Tyrrel,  John  Hays  100  D°,  John  Johnston 


COLONIAL  RECORDS.  619 


300  D",  Thos  Lovick  640  Craven,  Jos  Mercer  300  Tyrrel,  William 
Moore  250  Edgcombe,  John  Porter  500  N.  Hanover,  Henry  Robinson 
400  Tyrrel,  Benjamin  Saunders  600  D",  John  Little  200Tyrre]    Granted 

At  a  Council  held  the  7""  day  of  May  1742.     Present  as  before. 

The  following  Persons  were  admitted  to  prove  their  Rights  in  order 
to  their  taking  up  of  Land  Viz' 

Osborne  Jeifreys  Northampton  2  white  4  black,  Thos  Lovick  Car- 
teret 16  black,  Francis  Stringer  Craven  7  white  10  black,  John  Faulker 
D°  2  black. 

Read  the  following  Petitions  for  Warrants  Viz' 

William  Allen  300  Northampton,  Rich"  Allen  200  D",  David  Dunn 
50  Craven,  Solomon  Fuller  300  Northampton,  Abraham  Green  200 
Edgcombe,  Theoph'  Goodwin  600  D°,  Isaac  Hill  150  Bertie,  Tho°  Jones 
400  Northampton,  Jno  Jones  200  Onslow,  Sam'  James  250  D°,  Osborne 
Jeffries  150  Northampton,  Leonard  Langston  500  Edgcombe,  D°  350 
D°,  John  Moore  400  D",  W""  Moor  400  D°,  James  Mathews  400  D°,  Neil 
McNeale  200  Bladen,  Richard  Plair  200  N.  Hanover,  D"  300  D°,  Rob' 
Rnffin  100  Tyrrel,  Rob'  Reeves  300  Bladen,  William  Roberts  300  D", 
Rich*  Scott  100  N.  Hanover,  William  Roberts  200  Bladen,  Bullock 
Simons  300,  Henry  Shaddock  300  Bladen,  D°  300  D°,  Jacob  Taylor  200 
Craven,  Richard  Wall  300  Northampton,  Thos  Wall  400  D".    Granted. 

Read  sundry  Petitions  for  Grants  of  Land  Viz' 

Abraham  Bussett  300  Craven,  Jno  Bonbo'  280  Edgcombe,  William 
Cockrau  300  D°,  Dan'  Dunbibin  50  N.  Hanover,  William  D=  Loach  400 
Bertie,  Rob'  Evans  and  Jno  Appolus  Wynns  300  D",  Nath'  Everit  100 
Onslow,  William  Faris  300  Craven,  Joseph  Ganier  200  Edgcombe, 
Henry  Hill  640  Chowan,  Nich'  Hunter  200  Carteret,  Rob'  Hilliard  400 
Edgcombe,  John  Howell  Jun'  159  Bertie,  Rob'  Hill  300  Edgcombe, 
Osborne  Jeffries  640  Tyrrel,  Joshua  Johnston  250  Craven,  Arthur 
Jordan  130  Bertie,  William  Kennedy  100  D",  Henry  Lucas  400  Beau- 
fort, George  Laws  250  Edgcombe,  Roger  Moor  Esq'  600  N.  Hanover, 
Rufus  Marsden  200  N.  Hanover,  William  Norwood  600  Bertie,  George 
Norwood  150  D",  Thos  Outlaw  640  D°,  Thos  Owen  200  Edgcombe, 
Joseph  Parker  200  D°,  John  Perry  600  D°,  John  Russet  100  Onslow, 
Edw*  Roberts  100  Bertie,  Rob'  Radford  100  Edgcombe,  James  Turner 
300  D",  Fran"  Veale  257  Bladen,  Benj"  Williams  583  Bertie,  John 
Wynns  200  D°,  Math  Williams  321  D°,  W"°  Williams  640  Edgcombe, 
Anthony  Webb  (This  granted  again  1"  April  1743  following)  87  Bertie. 
Granted. 

Ordered  that  the  Secretary's  fees  on  all  Warrants  for  the  future  before 
the  return  of  Warrants  be  fortv  shillings  currencv  and  no  more. 


620  COLONIAL  RECORDS. 


On  motion  made  by  the  Receiver  General  Ordered  That  the  Clerks  of 
the  General  Court  do  Transmit  to  the  Receiver  General  a  true  account 
of  all  the  fines  Forfeitures  and  Amerciaments  incurred  or  imposed  since 
the  present  Governour  entered  upon  the  Administration  of  the  Govern- 
ment. 


1743. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  61.] 

At  the  Court  at  S'  James  the  19""  day  of  January  1742.  [1743] 
Present  The  Kings  most  excellent  Majesty  in  Council. 

Whereas  by  Commission  under  the  Great  Seal  of  Great  Britain  the 
Governor  Council  and  Assembly  of  His  Majesty's  Province  of  North 
Carolina  are  authorized  and  empowered  to  make  constitute  and  ordain 
Laws,  statutes  and  Ordinances  for  the  Public  Peace,  Welfare  &  Good 
Government  of  the  said  Province,  which  Laws  statutes  and  Ordinances 
are  to  be  as  near  as  conveniently  may  be,  agreeable  to  tiie  Laws  and 
Statutes  of  this  Kingdom,  and  to  be  transmitted  for  his  Majesty's  royal 
approbation  or  Disallowance.  And  Whereas  in  Pursuance  of  the  said 
Powers,  an  Act  was  past  in  the  said  Province  in  1740  which  bath  been 
transmitted  entituled  as  follows  Viz' 

An  Act  to  appoint  able  and  skilfull  Clerks  for  the  several  County 
Courts  within  this  Province  &  for  the  better  securing  and  safe  keeping 
the  records  of  the  same 

Which  Act,  together  witii  a  Representation  from  the  Lords  Comm"  for 
Trade  and  Plantations  proposing  the  repeal  thereof,  having  been  referred 
to  the  consideration  of  a  Committee  of  the  Lords  of  his  Majesty's  most 
honorable  Privy  Council  for  Plantation  Affairs,  The  said  Lords  of  the 
Committee  did  this  day  report  to  his  Majesty  as  their  opinion  that  the 
said  Act  ought  to  be  repealed.  His  Majesty  taking  the  same  into  con- 
sideration was  pleased  with  the  advice  of  his  Privy  Council  to  declare  his 
disallowance  of  the  said  Act,  and  pursuant  to  his  Majesty's  royal  pleasure 
thereupon  expressed.  The  said  Act  is  hereby  repealed,  declared  void  and 
of  none  eifect  Whereof  the  Governor  or  Commander  in  Chief  of  his 
Majesty's  Province  of  North  Carolina,  for  the  time  being  and  all  others 
whom  it  may  concern  are  to  take  notice  &  govern  themselves  accordingly. 

A  true  Copy.  W.  SHARPE. 


COLONIAL  RECORDS.  621 


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

Brunswick  March  29.  1743 
Reverend  Sir,  [to  the  Secretary] 

Being  very  much  indisposed  last  Fall  I  could  not  attempt  to  visit  the 
counties  on  this  side  Neuse  till  the  month  of  November;  But  have  since 
that  time  officiated  in  all  the  Parishes  within  the  Bounds  assigned  me  by 
the  Venerable  Society — From  the  beginning  of  Sept'  preceeding  to  the 
25*  of  this  instant  I  have  Baptized  Six  white  adults,  two  men  &  four 
women;  and  3-18  white  children  one  hundred  of  which  I'm  inclined  to 
believe  were  betwixt  six  and  twelve  years  of  age — I  also  baptized  two 
Negro  children  and  admitted  to  tlie  Holy  Communion  fifty  three  persons. 
Twenty  days  are  not  yet  elapsed  since  I  received  yours  of  March  23 
1741,  with  great  pleasure  indeed;  it  being  the  first  and  only  one  I  had 
the  honor  to  receive — Mr.  Marsden  was  dead  some  months  before  the 
inclosed  minute  came  to  hand. 

The  state  of  this  Province  is  much  the  same  as  was  represented  in  my 
former  Letters  &  still  promises  so  little  encouragement  to  Itinerant  Mis- 
sionaries that  I  now  despair  of  seeing  even  a  necessary  provision  made 
for  them — were  it  not  that  I  hate  complaining  I  might  have  easily  before 
this  time  laid  such  grievances  before  the  Venerable  Society  as  must  con- 
vince them  that  their  pious  &  generous  intentions  in  sending  Missionaries 
to  this  Province  are  not  likely  to  meet  with  a  suitable  return. 

You  will  Reverend  Sir  no  doubt  be  persuaded  of  the  truth  of  what  I 
say  when  you  please  to  consider  that  as  we  have  neither  Church  nor 
Chappel  here,  we  cannot  expect  any  Glebe  or  Parsonage  House — I  am 
obliged  to  ride  often  &  great  lengths :  Horses  are  bought  here  at  high 
rates  &  kept  at  higiier  and  the  Parish  allowing  no  fenced  pasture,  they 
happen  to  be  often  lost  or  stolen  which  renders  me  incapable  of  travel- 
ling when  I  would — In  the  mean  time  many  of  the  Inhabitants  are 
affronted  if  I  defer  riding  twenty  or  thirty  miles  to  baptize  a  child,  tho' 
they  have  but  lately  slipt  the  opportunity  of  having  it  done  at  the  Pub- 
lick  service  when  performed  within  a  few  miles  of  their  House — This 
being  the  case  every  one  readily  allows  that  a  Missionary  ought  to  have 
some  Pasture  ground  and  a  convenient  House  so  situated  as  to  make  it  as 
easy  as  possible  for  him  to  ride  to  the  different  places  at  which  he  is  to 
officiate  by  the  appointment  of  the  present  Vestry.  But  Then  the  Mis- 
sionary is  to  he  at  all  Expense  which  cannot  amount  to  less  than  Two 
hundred  pounds  Sterling — Even  this  perhaps  might  go  down  were  it  not 
that  often  he  has  been  at  this  expense ;  next  year  comes  a  New  Vestry 


622  COLONIAL  RECORDS. 


which  makes  new  appointments.  The  poor  Missionary  now  lives 
entirely  ont  of  the  way,  he  must  begin  to  fence  and  build  again,  tho'  he 
knows  too  well  that  his  former  improvements  will  never  fetch  him  the 
one  half  of  what  they  cost  him. 

Our  present  situation  appears  to  me  most  wretched — the  Parishes  in 
which  we  live,  and  where  contributions  are  raised  for  us  think  them- 
selves entitled  to  all  our  services  :  The  others  within  our  Missions  say 
their  claim  is  every  whit  as  good  because  we  are  the  Society's  Missiona- 
ries in  those  parts  :  Thus  all  partys  are  not  a  little  dissatisfied  as  matters 
now  stand,  and  I'm  afraid  will  continue  so  to  be  till  they  are  made  fully 
sensible  that  the  venerable  Society  will  in  case  of  Vacancys,  always  pre- 
fer such  Parishes  as  give  the  best  encouragement  and  consequently  have 
given  leave  to  their  Missionaries  to  embrace  the  most  favourable  terms. 
Rev*  Sir  your  most,  &c.,  JAMES  MOIR. 


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

St.  Pauls  Parish  So:  Carolina  Mar.  30.  1743. 
Rev*  Sir,  [to  the  Secretary] 

In  this  Parish  there  is  only  one  nation  of  Indians  called  Cusoes  about 
65  Men,  Women  &  Children  in  all.  tho'  formerly  they  consisted  of  about 
1000  as  they  say ;  they  seem  sober  and  thoughtful  and  pretty  good  no- 
tions of  a  deity,  who  made  them,  but  they  appear  not  at  all  concerned  to 
serve  him.  I  have  not  had  so  good  an  opportunity  to  be  acquainted 
with  them,  as  of  late  I  have  had,  by  often  seeing  them  and  conversing 
with  them.  I  intend  as  I  have  opportunity,  to  use  my  best  endeavours 
to  see  how  far  I  can  be  useful  to  them,  by  communicating  to  them  the 
true  knowledge  of  God. 

As  yet  there  is  nothing  done  by  the  Parish  or  the  assembly  of  this 
Province,  towards  the  settlement  of  the  Church  or  Glebe,  or  the  repairs 
of  the  Parsonage  house  nor  does  it  appear  to  me  that  any  thing  will  be 
done  soon.  The  disputes  in  the  Parish  about  the  one  and  the  other  still 
subsisting:  which  has  been  and  yet  is  of  very  great  disadvantage  to  me, 
and  will  be  also  to  my  successor,  if  any  clergyman  should  be  so  uniiappy, 
as  to  be  sent  here,  till  these  disputes  are  ended.  For  considering  the 
inconveniences  I  labor  under  and  the  ill  state  of  health  I  am  in,  I  believe 
I  shall  soon  be  obliged  to  pray  the  Hon"'  Society,  to  remove  me  to  any 
Parish  to  the  Northward  of  Carolina. 

I  am  Rev*  Sir  yours  &  the  Societys,  most  humble  and  obliged  serv' 

W.  ORR. 


COLONIAL  RECORDS.  623 


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

To  the  King's  most  Excellent  Majesty  in  Council 

The  Humble  Petition  of  Daniel  Hanmer,  late  Chief  Justice  of  North 
Carolina  Sheweth, 

That  your  Majesty's  Petitioner  contrary  to  all  Law  and  Justice,  has 
been  so  barliarously  and  inhumanly  pei-secuted,  and  outrageously  prose- 
cuted by  William  Smith  Esq"  the  present  Chief  Justice  of  North  Caro- 
lina, as  the  like  proceedings  were  never  known  in  the  Dominions  belong- 
ing to  the  Crown  of  Great  Britain,  or  the  like  heard  of  in  the  most  di.s- 
soluteand  uncivilized  Governments,  by  which  proceedings,  your  Majestys 
Petitioner  has  been  ruined  in  his  fortune,  and  his  health  destroyed. 

The  particular  instances  of  the  many  violences,  persecutions,  punish- 
ments, injurious,  malicious,  unjust,  violent,  and  unlawful  Proceedings  of 
the  said  William  Smith  again.st  the  Petitioner  being  too  numerous  to  be 
contained  in  a  Petition,  are  herewith  deposited  in  the  Council  Office. 

Your  Royal  Majesty's  most  humble  and  injured  Petitioner  submi.s- 
sively  supplicates,  that  by  an  Order  of  Council  the  before  named  William 
Smith  Esq"  Chief  Justice  of  North  Carolina  now  in  London,  be  obliged 
to  put  in  his  answer  to  the  facts  alledged  against  him,  and  when  that  is 
obeyed,  another  order  of  Council  be  sent  to  some  Members  of  vour 
Majesty's  Council  in  North  Carolina  to  examine  witnesses,  and  take 
Depositions,  to  prove  the  truth  of  your  Petitioner's  complaints,  and  the 
sufficiency  or  insufficiency  of  the  Answer  and  Defence  of  the  said  Smith. 

North  Carolin:^,  Sepf  1743. 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vol.  23.  p.  586.] 

My  Lord,  [Duke  of  Newcasti.e] 

In  Consequence  of  what  I  had  the  honour  to  write  to  your  Grace  on 
the  third  of  this  month,  I  transmit  with  this  the  plan  of  so  much  of  the 
line  as  could  be  finished  at  this  time,  signed  by  the  Commissioners  on 
both  sides,  with  the  Colony  seal  appended. 
I  am  with  great  respect,  &c., 

Edenton,  Dec'  12'"  1743.  GAB :  JOHNSTON. 


624  COLONIAL  EECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  p.  45.] 


BOARD  OF  TRADE  JOURNALS. 

Thursday  April  21"  1743. 
The  Secretary  laid  before  the  Board  the  following  copies  of  Orders  in 
Council  transmitted  from  the  Council  Office  the  17""  of  last  month  and 

the  Titles  of  the  same  were  read,  viz' 

********* 

Order  in  Council  dated  the  19*  of  Jan^^  174f  approving  a  Represent" 
of  this  Board  to  Her  Majesty  proposing  the  Repeal  of  an  Act  passed  in 
the  Province  of  North  Carolina  in  1740  to  appoint  able  and  skilful 
Clerks  for  the  several  County  Courts  within  that  Province  &c.  &c. 

I  Page  73.] 

Tuesday  June  21"  1743. 
Read  «  letter  from  M'  M°Culloh  His  Maj.  Commiss'  of  the  Quit  rents 
in  Carolina  to  the  Board  dated  at  Cape  Fear  Aug.  19""  1742  inclosing  a 
copy  of  the  Public  Notice  (dated  at  Wilmington  March  20'"  174|) 
addressed  to  all  Gentlemen  Freeholders  &  others  whom  it  may  concern 
relating  to  His  Maj.  Instructions  to  the  said  Commiss' 

[Page  88.] 

Friday  July  22"*  1743. 
The  Draught  of  a  letter  to  M"^  M'Culloh  Commissioner  of  His  Maj. 
Quit  Rents  in  North  &  South  Carolina  from  the  Secretary  of  this  Board 
in  answer  to  those  the  Board  has  received  from  him  was  laid  before  the 
Board  and  ordered  to  be  transcribed  and  sent. 

[Page  102.] 

Wednesday  October  5'"  1743. 
The  Secretary  laid  before  the  Board  two  Journals  of  the  Council  of 
North  Carolina  transmitted  by  the  Governor  to  Col.  Bladen  one  from 
the  21"  of  Sept'  to  the  2"  of  Oct.  1741  the  other  from  the  4'"  to  the  7'" 
of  May  1742. 


COLONIAI.  RECORDS.  (525 


[From  the  MSS  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  Edentoii  the  15  day  of  March  1743 
Present  His  Excellency  the  Governour 
TNath  Rice         Edward  Moseley^ 

T^i     u       111  Rob' Halton      Roger  Moore  Esq"  Members 

1  he  Honoble       t-,,       ,.11  i\t-u-        mi  •        1-  r.  -i 

l^jleaz'  Alien      William  torbes  of  Council 

(^  Math  Rowan  J 

The  following  Persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land  Viz' 

County        White    Black  County        White   Black 

Thos  Pierce  Chowan  8       13     Edward  Jones  Edgcombe     7       9 

Thos  Nicholas  Pasquotank  7  1     John  Howel  Bertie  4       8 

Joseph  Morice         D"  8  1      William  Bell  Edgcombe       4       8 

Aaron  Hill  D°  4         4     Thos  Shepard  Onslow  2 

Thos  Macky  D°  7  W""  Hadnot  Carteret  6 

W"  Eaton  Edgcombe         11        23     James  Swaine  Tyrrell  8       2 

Read  the  following  Petitions  for  Patents  as  follows  Viz' 
Robt  Boyd  250  Beaufort,  D°  100  D°,  JnoChilley  300  D°,  Juo  Haw- 
kins 200  Edgcombe,  John  Harley  300  D",  Josepii  Kymbal  400  D°,  Jno 
Knowis  200  Beaufort,  Jno  Lisle  500  Edgcombe,  Eprian  Lisle  300  D°, 
Jno  Martin  640  D",  Peter  Morse  200  Beaufort,  W"  Prescot  500  Craven, 
W"  Parsons  550  Edgcombe,  W"  Parsons  150  D°,  Benj^  D°  300  D",  D° 
150  D",  John  Gaiit  150  Edgcombe,  John  Goulde  400  Bertie,  Chas  Hop- 
ton  400  Craven,  W"  Parsons  400  Edgcombe,  Thos  Penket270  Beaufort, 
W""  Stroud  400  Edgcombe,  Ediu*  Smithwick  .300  Craven,  Moses  Swin- 
ney  400  Edgcombe,  Moses  Tilman  50  Craven,  John  Webster  250  Car- 
teret, John  Williams  640  Onslow,  John  Whitehead  640  Currituck,  Edw* 
Webber  400  Beaufort,  Edw''  Young  100  Edgcombe.     Granted 

At  a  Council  held  at  Edenton  the  16""  March  1743  Present  as  be- 
fore. 

The  clause  ibsually  remde  thereon  inserted  into  the  Grants  for  Land  bv 
mistake  was  ordered  to  be  left  out  for  the  future  and  to  be  struck  out  of 
such  Patents  as  were  not  already  issued 

Read  the  Petition  of  W^illiam  Blythe  to  have  his  Patent  altered  in 
one  of  the  courses  is  laid  down.  North  29  but  should  be  South  29 

Ordered  that  the  same  be  accordingly  altered  which  was  done  before 
the  Council  both  in  the  Plot  and  Patent  and  the  Record  be  made  agreea- 
ble thereto 

Vol.  4—79 


626  COLONIAT.  RECORDS. 


Read  the  Petition  of  Thomas  Davis  praying  relief  against  one  Benj* 
Sistwho  has  obtained  a  warrant  for  the  land  he  has  lived  npon  and  paid 
Quit  Rents  for  20  years  past  and  upwards  and  which  he  formerly  had  a 
survey  on  which  he  says  was  returned  into  the  OfGce  but  cannot  be 
found  but  M'  Samuel  Swann  offering  to  make  Oath  he  saw  copies  of  the 
Return  made  by  Seth  Pilkington  the  Surveyor  and  in  regard  to  his  having 
paid  Quit  rents  so  long  and  his  great  age  and  Poverty  being  considered. 
It  was  Ordered  that  he  have  a  Warrant  and  patent  for  the  said  Land 
as  surveyed  for  Scot.  He  making  the  said  Sest  a  Deed  for  100°°  out  of 
the  same. 

It  being  moved  whether  anothers  Oath  were  not  sufficient  proof  of 
any  Persons  rights  The  Board  were  of  opinion  it  was  and  accordingly 
such  proof  was  admitted 

The  following  Persons  were  admitted  to  prove  their  Rights  in  order  to 
their  taking  up  of  Land  Viz' 

White    Black  White    Black 

Joseph  Jno  Alston  Edg-  Jno  Hall  Chowan  8         4 

combe  19    Henry  Debrane  Bertie         5 

Jos.  Baradle  Bertie  5         3    Thos  Kearney  Edgcombe  16 

Chas  Stevens  N"  Hampton  5       10    Jno  Etheridge  Currituck      7 
Chas  Jenkins  Chowan         6         2    Osborne  Jeffries  N°  Hamp- 
JasCopeland       D°  2         3         ton  3         4 

John  Dawson  N°  Hampton  5       18    George  Capeheart  Bertie      8  1 

John  Pope  Edgcombe         6  Sam'  Sinclair  Hyde  8         5 

Mich'  Dormant  D°  4  John  Wilcocks  Perquimons  7 

Sam'  Taylor       D"  6         6    John  Jemison  Bertie  5         5 

Sam'  Ruffin        D°  4  Joiin  Lane  Edgcombe  1  3 

Thos  Davis  Hyde  3 

A  Complaint  having  been  preferred  against  M' Peter  West  one  of  the 
Justices  in  the  Commission  of  the  peace  for  the  County  of  Bertie  for 
that  he  had  tendered  an  oath  to  several  persons  in  very  obscene  terms 
who  took  the  same  at  his  own  house  in  a  very  irregular  extra  judicial 
manner  in  relation  to  the  wife  of  one  John  Raspberry  thereby  to  dis- 
cover if  any  of  them  had  any  unlawful  comerce  with  her.  And  His 
Excellency  informing  the  Board  that  the  said  Wests  own  witnesses 
which  he  brought  with  him  when  his  Excellency  sent  for  him  to  examine 
him  upon  the  premises  had  confest  as  much.  It  was  the  opinion  of  the 
Board  that  his  name  should  be  struck  out  the  Commission  of  the  Peace 

Read  the  following  Petitions  for  Patents  Viz' 

Rich"  Allen  200  N°  Hampton,  W"  D"  300  D",  Jos.  Jno  Alstc.n  100 
Edgcombe,  Jacob  Braswell   160  D",  D°  (but  275  ret")  400  D",  Jno  Bar- 


COLONIAL  RECORDS. 


ri)\v  200  Beaufort,  Philiiuond  Bradford  600  Edgconibe,  D°  400  D",  Beiij" 
Blount  130  D°,  D°  100  D",  Jos  Bradley  600  P^dgcoinbc,  Clias  Cavenali 
640  Craven,  Rob'  Ciitlar  (92  ref")  100  Beaufort,  W"  P^tlieridge  300 
N"  Hampton,  Jas  Hasel  320  N  Hanover,  Jnu  Hardy  200  Edgconibf, 
Sam'  Holliman  200  D°,  Green  Hill  100  Bertie,  W"  Hilliard  250  Edg- 
eoiiibe,  Artii"'  Jordan  300  Bertie,  Osborne  Jeffries  150  N°  Hampton,  Thos 
M'Clendon  558  Craven,  Wyuot  Ormond  640  Beaufort,  W"  Pridgen 
150  Edgcombe,  Jas  Spiere  300  Tyrrel,  Thos  Smith  200  Craven,  Philip 
Thomas  200  Bertie,  Thos  Wall  340  N°  Hampton,  W"  Wooten  300  D% 
W"  West  150  Edgeombe.     Granted 


At  a  Council  held  at  Edenton  21"  of  March  1743 
Present  His  Excellency  the  Governor 
r  Nath  Rice         Edw"  Moseley  "] 
Th    H       1  1     J    ^'''^'  Halton     Will  Forbes        I    Esquires  Members 
I    Eleaz  Allen       Cullen  Pollock    |  of  Council 

1^  Math  Rowan  J 

The  following  persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land  Viz' 

White    Black 

Marmaduke  Norfleet  Perquimons  5       19 

Sam' Saban.Plumer  Pasquotank  3         9 

James  Trotter  Chowan  2       11 

Read  the  following  Petitions  for  Patents  Viz' 

Solomon  Alston  150  Craven,  Saml  Bond  104  Perquimons,  John  Bate- 
man  84  Tyrrel,  W"  Braswell  500  Edgcombe,  Josiah  Bundy  200  Cra- 
ven, Hump  Burnet  200  Craven,  Alex  Calvin  200  N.  Hanover,  D" 
300  D°,  David  Coltrane  200  Edgcombe,  W"  Curtis  300  D°,  Math  Cas- 
wel  &  Jas  Phelps  220  Tyrrel,  Zach  Chancey  200  Perquimons,  W" 
Colehoons  400  Edgcombe,  Arthur  Crawford  (but  132  ref*)  200  D", 
Thos  Carril  160  D",  Lewis  Davis  400  D" 

Read  the  following  Petitions  for  Warrants  Viz' 

Edw"  Lernelt  100  Chowan,  Jos  Anderson  300  Carteret,  Sam'  Burton 
160  Beaufort,  Jos  Barradit  100  Bertie,  Jno  Boyd  300  Craven,  Jacob 
Braswell  300  Edgcombe,  Simon  Bright  540  Craven,  W"  Clanton  500 
N.  Hanover,  Zach  Chancey  950  Perquimons,  W"  Collins  500  Onslow, 
Cha=  Cox  400  N.  Hanover,  Peter  Clitt  320  D°,  W"  Chevers  400  Edg- 
combe, Jno  Dawson  300  D°,  Jno  Duggin  100  Bertie,  Hen  Everitt  200 
Beaufort,  Jno  Ethcridge  400  Currituck,  D"  300  D°,  D°  400  D°,  Hen. 
Everitt  300  Beaufort,  W""  Fleetwood  300  Bertie,  Martin  Frank  650 
Craven,  W"   Faris  200  N.  Hanover,  W"  Hinton   190  Craven,  Jno  D° 


628  COLONIAL  RECORDS. 


100  D%  Jos  Howell  150  D",  D"  150  D",  W"  Hickman  100  Edgcombe, 
Jno  Hancock  320  Bladen,  Rich''  Hargrove  100  Edgcombe,  W"  Habby 
150  D",  Rich*  Johnston  200  Craven,  Sam'  James  250  Onslow,  Josiah 
Jones  100  Beaufort,  Geo  Kernegee  50  N.  Hanover,  W"  Keith  400  D°, 
Laz  Kennedy  200  Onslow,  Thos  Long  200  Craven,  Corn'  Lynch  300 
D",  Mark  Morgan  300  D°,  Thos  M°CIendon  350  D°,  Jas  M'Ackelwean 
200  D°,  Jno  Warnor  400  N.  Hanover,  Jos  Winsley  200  Perquimons, 
John  Manning  850  Bertie,  Thos  M°Clendon  300  Craven,  Charles 
M°Cnlloch  200  Edgcombe,  Epaph  Moore  300  D",  James  M^Waine  150 
Craven,  Joseph  Morrice  350  Pasquotank,  Thomas  Macky  200  D°,  Epaph 
Moore  300  Edgcombe,  James  M'Waine  600  Craven,  Thomas  Merrick 
600  N  Hanover,  Jno  Davis  300  Edgcombe,  W"  Daw  100  Beaufort, 
Abrah"  Green  200  Edgcombe,  John  Gray  450  Bertie,  John  Howel  359 
Bertie,  Jos.  Hutchison  300  N.  Hanover,  Thos  Hill  200  Edgcombe, 
Rich*  Hellier  350  N.  Hanover,  John  Hardee  640  Beaufort,  Sam'  John- 
ston 400  Chowan,  Fran'  Kennedy  300  Tyrrel,  Laz.  Kennedy  100  N. 
Hanover,  Jas  Kelley  200  Edgcombe,  Thos  Kearney  400  Bertie,  Thos 
M'Clendon  222  Craven,  W"  M'Ree  300  N.  Hanover,  Jas  Mathew  400 
Edgcombe,  Darby  M^Cartie  100  Hyde,  W"  Etheridge  300  N.  Hanover, 
Robt  Forster  250  Edgcombe,  Thos  Mason  200  Edgcombe,  Jno  Marks 
400  Beaufort,  W""  Mobley  99  Tyrrel,  Geo  Noris  450  Edgcombe,  W"  D" 
109  Chowan,  Thos  Owen  200  Edgcombe,  Thos  Nicolson  133  Pasqnotank, 
Thos  Owen  200  Edgcombe,  John  Pirut  200  D°,  Godfrey  Philphs  498 
Tyrrel,  John  Perry  102  Perquimons,  Rob'  Pitman  150  Bertie,  Edw* 
Powers  300  Edgcombe,  Thos  Peirce  57  Tyrrel,  Theoph'  Pugh  280 
Chowan,  Henry  Perkins  146  Currituck.     Granted 

W"  Paul  550  Bertie,  Jos  Parker  200  Edgcombe,  Rich*  Richdale  100 
D°,  John  Riddick  (John)  550  Bertie,  Job  Rogers  200  Edgcombe,  Jos 
Spruel  &  Hen  Norman  202  Tyrrel,  Sam'  Spruel  246  D",  Jn"  Smith  100 
Craven,  Jos  Small  100  Chowan,  Jno  Phillip  Shelly  100  Edgcombe,  Jno 
Simpson  340  Bertie,  Geo  Starkey  150  Onslow,  Geo  Skipper  200  Craven, 
James  Turner  275  Bertie,  Mich'  Tyner  200  D°,  W"  West  180  Edg- 
combe, W""  Whitehead  200  D",  W°  Walker  300  D°,  Edw*  Wahnsley 
640  Craven,  Rowl*  Williams  200  Bertie,  Poyns  Weldon  300  Edgcombe, 
Edw*  Wordsworth  113  Perquimons,  Rowl*  Williams  640  Edgcombe. 
Granted 

Grace  Merrick  400  N.  Hanover,  Epaph  Moore  400  Craven,  Marma- 
duke  Norfleet  200  Edgcombe,  William  Niverns  300  Craven,  Abraham 
Adams  500  N.  Hanover,  John  Omat  200  Craven,  Edward  Outlayer  300 
N.  Hanover,  D°  250  D°,  Richard  Powele  200  Edgcombe,  James  Parmen- 
ter  500  D°,  Jacob  Rogers  200  D",  Samuel  Sticklair  400  Beaufort,  Richard 


COLONIAL  RECORDS.  C29 


Sissums  400  Edgcombe,  Samuel  Jenelar  400  Hide,  Sam'  Swann  300  N. 
HaiKH-er,  Thos  Smith  500  Craven,  John  Smith  400  D°,  Jno  Sellers  400 
D",  Thos  Smith  450  D°,  Jas  Smith  L'OO  Tyrrel,  Thos  Smith  100  Craven, 
Jus  Swaine  200  Tyrrel,  Jno  Smith  100  D°,  Sam'  Smithwick  100  Bertie, 
Jere  Vail  400  N.  Hanover,  Jno  Wilcock.s  100  Tyrrel,  Caleb  Wilson  100 
Currituck,  Jas  Wielcoeks  200  Perquimons.     Granted 

Read  the  Petition  of  John  Rogers  showing  that  the  Secretary  could 
not  affix  a  Plot  that  was  returned  for  him  (the  Land  Granted)  till  twas 
corrected 

Ordered  that  the  surveyor  make  out  a  new  plot  agreeable  to  the  writ- 
ten courses 

At  a  Council  held  at  Edenton  the  22*  of  March  1743.  Present  as 
before 

The  Surveyor  General  returned  a  plot  of  400  Acres  in  Bertie  accord- 
ing to  the  order  of  yesterday  for  John  Rogers  which  was  ordered  to  be 
affixed. to  his  Patent 

The  following  Persons  were  admitted  to  prove  their  Rights  in  order 
to  their  taking  up  of  Land  Viz' 

White    Black  White 

William  Feris  New  Hanover  2         9     Samuel  Smithwick  Tyrrel       7 
Joshua  Worley  Tyrrel  5       13     Jas  Sunderland  Bertie  5 

Read  the  Petition  of  Colonel  Benjamin  Hill  setting  forth  that  one 
Thomas  Jumps  obtained  a  warrant  from  the  late  Governour  George  Bur- 
riugton  Esq'  for  500  acres  of  land  in  Edgcombe  County  on  the  East 
side  of  Buck  Swamp  beginning  at  an  Elm  which  Warrant  was  assigned 
to  the  Petitioner 

That  the  Petitioner  obtained  another  Warrant  of  the  said  Governour 
for  500  Acres  in  the  same  County  West  side  of  Buck  Swamp  in  Burn 
Coat 

That  the  said  Warrants  were  duly  executed  and  returned  into  the  Sec- 
retary's Office 

That  the  Petitioner  obtaine<l  Grants  for  both  the  said  Tracts  on  the 
16""  day  of  December  in  the  year  1735  as  may  appear  by  the  minutes  of 
Council  as  also  by  the  Receiver  Generals  books 

That  he  applyed  several  times  to  get  Patents  for  the  said  Land  out  of 
the  Secretary's  Office  but  was  informed  that  the  Wai-rants  and  plots 
could  not  be  found  so  that  the  Grants  could  not  be  made  out 

That  the  Petitioner  hath  true  and  attested  Plots  of  the  said  Land 
i-eady  to  produce 


630  COLONIAL  RECORDS. 


Wherefore  he  prays  that  patents  may  be  made  out  for  him  agreeable 
to  the  said  Duplicates  and  bearing  date  on  the  day  the  .same  were  granted 
and  that  the  Deputy  Auditor  be  directed  to  enter  the  same  in  his  Book 
as  if  enrolled  within  six  months  from  the  date 

Then  M"'  Thomas  Jones  was  sworn  who  declared  the  aforementioned 
Plots  were  taken  from  the  Surveyors  field  Ijook  and  that  they  described 
the  Land  in  the  foregoing  Petition  mentioned  and  also  that  he  himself 
made  return  of  the  original  warrants  and  first  plots  into  the  Secretary's 
Office 

Upon  which  his  Excellency  asked  the  opinion  of  the  Board  whether 
the  Petition  ought  to  be  granted,  who  answered  in  the  affirmative  and 
Patents  were  accordingly  Ordered  to  be  passed  to  tiie  said  Benjamin  Hill 
for  the  said  Lands  bearing  date  the  16*  of  December  1735  And  that  the 
Auditor  enter  the  same  as  if  enrolled  within  six  months  from  the  date  of 
the  said  Patents 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 

William  Bird  6000  Edgcombe,  Barnaby  Bryant  250  Bertie,  Dennis 
Folley  640  Tyrrel,  Dennis  Gleson  640  D",  Jno  Little  200  D°,  Jno  Lett 
600  Edgecombe,  Jno  Macakey  400  Tyrrell,  Benj'  Saunders  600  Tyr- 
rel, Arth'  Smith  160  Tyrrel,  Jas  Spier  400  Edgcombe,  John  Wells 
250  Bertie     Granted 

Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 

William  Farris  500  N.  Hanover,  John  Garnix  500  Beaufort,  John 
Pope  200  Craven,  John  Pope  300  Edgcombe,  Samuel  Laban  Plumer 
260  Pasquotank,  D°  140  D°     Granted 


At  a  Council  held  at  Edenton  25"'  March  1743 

Present  His  Excellency  the  Governour 
(■  Nath  Rice         Edw"  Moseley  )  -.,    „  ^.      , 
The  Honoble  <  Rob'  Halton     Cullen  Pollock  V  ^''%  Jf^emDers 
(Math  Rowan    Will  Forbes      /     <»f  C»""«'l 
Read  the  Petition  of   John    Fonville  for  altering  the  Record   of  a 
Patent  the  original  Patent  which  was  produced  being  for  and  in  the  name 
of  his  late  Father  John  Fonvielle  deceased  but  by  mistake  the  Record 
thereof  is  in  the  name  of  the  late  John  Ash  Esq' 

Ordered  that  the  Record  of  the  said  Patent  be  altered  in  Council 
agreeable  to  the  prayer  of  the  said  Petition  which  was  accordingly  done. 
The  words  Baptista  Ashe  being  erased  out  of  the  Record  of  Patent  Book 
2,  page  21 1  and  the  word  Fonvielle  written  in  the  room  thereof 

Read  the  Petition  of  James  Hinton,  Henry  Hill  Gabriel  Lassiter  and 
Tliomas  Moore  shewing  that  they  had  each  of  them  purchased  a  Tract 


COLONIAI.  RECORDS.  fi31 


of  Land  of  the  CJhowaii  Indians  and  paid  a  valuable  cunsideration  for 
the  same  as  by  Indenture  to  be  produced  tliey  were  ready  to  make  appear 
Praying  that  tlie  said  Indians  might  be  admitted  to  aeknowledge  the 
said  conveyanees  in  due  form  and  that  the  same  may  be  recorded. 
Granted 

Read  the  following  Petitions  for  Patents  for  Land  Viz'  . 

George  Bell  Jun'  200  acres  Carteret  coiuity,  Barnaby  Bryant  50  Ber- 
tie, James  Billyild  80  Pasquotank,  David  Bailey  300  Carteret,  Rich"  Blow 
200  Edgcombe,  Rob'  Colley  320  Bladen,  Jno  Crickeet  320  Bertie,  Lewis 
Davis  100  Tyrrel,  Jos  Dwight  200  D°,  Jno.  Davis  1,000  Bladen,  D"  200 
Hyde,  Will"  Fleetwood  300  Bertie,  Jno  Griffin  200  Tyrrel,  Sam'  Greg- 
ory 215  Perquimons,  Benj'  Hill  640  Edgcombe,  Jno  Hays  100  Tyrril, 
David  Henery  300  N.  Hanover,  Jno  Hardison  300  Tyrrel,  Martin 
Jenkins  200  N.  Hanover,  Daniel  Love  320  D°,  Rob'  M^Gee  300  Tyrril, 
W"  Mills  620  Onslow,  John  Marshall  300  N.  Hanover,  Jos.  Mercer  350 
Tyrrel,  Jno  Odam  850  Chowan,  Peter  Parks  400  D",  Theophilus  Pugh 
200  D",  Henry  Roberson  400  Tyrrel,  Fran"  Rhodes  640  N.  Hanover, 
Jno  Sloan  200  Onslow,  Benj'  Sellers  200  Edgcombe,  Jas  Sunner  100 
Chowan,  Jos  Wimberly  250  Edgcombe,  Jno  VVillard  200  Tyrrel,  Will 
Webster  565  Beaufort     Granted 

Read  Sundry  Petitions  for  Warrants  for  land  Viz' 

John  Boyd  300  Craven,  Benjamin  Hill  Col  640  Edgcombe,  William 
Lister  300  Craven,  John  Moore  150  Perquimons,  Zaeh  Nixon  157  Ditto, 
John  Rawlings  200  Craven,  Joshua  Worley  150  Tyrrel,  Joseph  Wim- 
berly 500  Ditto,  Ditto  110  Ditto 

P.  M.      Present  as  before. 

Read  the  Petition  of  John  Foneville  praying  that  the  Record  of  a 
Patent  formerly  granted  to  his  Father  John  Fonville  deceased  (the  same 
Record  that  was  altered  in  the  name  of  the  Patentee  this  day  by  order 
of  the  board  Viz'  from  Jno  Baptista  Ashe  to  Jno  Fonville)  mav  be 
further  corrected  the  annual  Quit  rent  therein  specified  being  twice  as 
much  as  in  the  original  Patent  which  being  produced  Viz'  a  patent  for 
1122  acres  in  the  County  of  Craven  beginning  at  the  side  of  a  small 
Creek  between  John  Fonville  and  Peter  Handys  it  appeared  that  the 
Quit  rent  of  the  said  Land  is  at  6''  '^  hundred  acres  and  no  more  but  bv 
the  Record  now  also  produced  of  the  same  Patent  (the  Scituation  and 
causes  being  the  same  both  in  the  Record  and  Patent  the  Quit  rent  re- 
served is  one  Shilling  per  annum  p'  100"° 

Ordered  that  the  Record  be  made  agreeable  to  the  Patent,  which  was 
accordingly  done  in   the   Presence  of  the  Governour  and   Council  the 


632  COLONIAL  RECORDS. 


words  one  shilling  being  struck  out  and  the  words  six  pence  interlined 
over  them  in  the  Record  B.  2,  page  41 1 

Read  the  petition  of  the  Chowan  Indians  complaining  That  James 
Brown,  Richard  Minshaw  and  others  to  whom  some  years  past  they 
sold  and  conveyed  several  small  Parcels  of  the  Lands  formerly  alloted 
them  by  the  Government  were  not  content  to  keep  within  their  proper 
bounds  but  encroached  upon  the  Indians  Lands  not  made  over  to  whom 
thereby  defrauding  his  Majesty  of  his  Quit  rents  and  them  of  their 
property  and  defeating  tiie  intention  of  the  late  Lords  Proprietors  in 
favor  of  the  said  poor  Indians.  They  therefore  prayed  that  the  said 
James  Browne,  Richard  Menshew  and  the  rest  of  the  Purchasers  may 
be  ordered  to  lay  out  their  several  and  respective  Parcels  of  Land  that 
is  to  say  the  true  Quantity  conveyed  to  each  and  every  of  them  by  their 
respective  Deeds  in  order  to  ascertain  their  bounds  and  prevent  any  fur- 
ther Incroachments  on  the  Petitioners  Lands  which  since  such  sale  do 
still  remain  to  them  in  propriety     Granted 


At  a  Council  held  the  29""  March  1743  Present  as  before — and  James 
Murray  Esq' 

Read  the  Petition  of  Jacob  Sheets  and  others  the  Palatines  settled  by 
Baron  de  Grafton  reid  at  Nuse ;  shewing  their  Agreement  with  the  said 
Baron  and  praying  to  have  Titles  made  to  tliem  under  the  Crown  and  in 
order  thereto  that  Warrants  migiit  issue  to  them  respectively  for  laying 
out  their  Lands  to  each  man  his  several  Proportion  or  otherwise  to  be 
secured  in  their  Possession 

Then  Cullen  Pollock's  Council  produced  a  Patent  to  the  said  Pollocks 
Father  Thomas  Pollocks  Esq'  deceased  for  a  large  tract  of  land  at  Nuse, 
which  was  read  and  it  appearing  to  the  Council  that  the  said  Patent  takes 
in  the  Palatine  Lands.  It  was  their  unanimous  opinion  that  the  Gov- 
ernor is  thereby  precluded  from  granting  the  prayer  of  the  foresaid  Peti- 
tion. Upon  which  the  same  was  dismist. 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 

Will  Brice  200  N.  Hanover,  Chas  Cogdale  100  Carteret,  W"  Knight 
320  Bertie,  Leonard  Langston  350  Edgcorabe,  D°  500  D",  John  Sikes 
Sen'  300  Craven,  W"  Smitii  (340  Craven,  James  Winright  375  Carteret, 
Rob'  Halton  2000  N.  Hanover     Granted 

Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 

David  Jamison  600  N.  Hanover,  Godfrey  Lee  200  Edgcombe,  Wil- 
liam Ricks  250  N.  Hanover,  Edward  Roberts  500  Bertie,  William 
Stephens  400  Craven,  Anthony  Webb  87  Bertie,  James  Yeats  200  Car- 
teret    Granted 


COLONIAL  RECORDS.  m:i 


At  a  Council  held  tlie  30"'  March  1743     Present  as  before 

His  Excelieney  laid  before  the  Board  a  letter  from  the  Lieutenant 
Governor  of  Sonth  Carolina  wherein  he  aequainted  him  he  had  repeated 
adviee  of  Eml)arkatioiis  that  were  making  from  Cuba  to  the  amount  of 
3,000  men  which  he  said  he  had  reason  to  believe  were  dessigned  against 
Georgia  and  South  Carolina  and  desired  leave  in  case  they  should  want 
assistance  to  raise  a  number  of  men  in  this  Province  not  exceeding 
1,000 

Upon  which  His  Excellency  was  pleased  to  ask  the  advice  of  his 
Majestys  Council  who  were  unanimously  of  Opinicm  with  his  Excel- 
lency that  it  behoved  him  to  grant  them  the  leave  desired  and  all  pos- 
sible encouragement  in  raising  men  for  the  Defence  of  that  his  Majestys 
Province  out  of  any  part  of  this  Province  except  the  Counties  of  New 
Hanover  Bladen  and  Onslow  which  being  so  much  exposed  to  the 
attempts  of  an  Enemy  and  besides  thinly  peopled  they  were  of  opinion 
they  ought  not  to  have  any  men  drawn  out  of  them,  but  the  Board  was 
of  Opinion  that  if  the  Government  of  South  Carolina  should  appoint 
Officers  (which  by  the  Lieutenant  Governours  Letter  they  seemed  to 
intend)  out  of  South  Carolina  their  Lines  would  not  be  so  readily  made 
as  if  the  officers  were  nominated  from  among  our  own  People.  In  pur- 
suance of  which  advice  the  Secretary  was  ordered  to  draw  up  a  Letter 
to  the  said  Lieutenant  Governour  to  acquaint  him  that  he  might  dejjcnd 
on  leave  to  raise  men  as  desired  and  all  possible  countenance  and  encour- 
agement in  the  Prosecution  thereof  tho'  he  was  afraid  of  the  Success  if 
the  Officers  should  not  be  of  this  Country 

The  Lieutenant  Governour  of  South  Carolina  having  recommended 
Col"  Maurice  Moor  as  a  fit  Person  to  command  the  said  Forces  when 
raised  his  Excellency  was  pleased  to  order  a  Commission  to  be  made 
out  for  him  and  accordingly  a  Commission  was  dispatched  appointing 
him  Colonel  of  a  Regiment  to  consist  of  1,000  men  to  be  raised  in  several 
parts  of  this  Province  for  the  service  of  South  Carolina  and  command- 
ing him  to  march  with  the  said  Forces  to  their  Assistance  upon  any 
Intimation  from  the  Government  of  South  Carolina  that  they  had  occu- 
sion  for  their  Service. 

Read  the  following  Petitions  for  land  Viz' 

Thos  Bradford  80  Bertie,  James  Spier  300  Edgcombe,  Ditto  100  D°, 
Ditto  500  Craven,  Edm''  Smithwick  100  Craven,  W"  Walker  200  Bertie 
Granted. 

Thomas  Pindleton  was  admitted  to  ])rove  his  rights — white  4,  l)lack — 

Vol.  4— SO 


634  COLONIAL  RECORDS. 


At  a  Coniu-il  held  at  Edenton  the  1st  of  April  1743 
Present  His  Excellency  the  Governoiir 
r  Nath  Rice  Cullen  Pollock  ^ 

rni     TT       11         Roh'  Halton  Edw'^  Moscley    |    Esci"  Members  of 

1  he  Honoble       -i^,  .,,  i,r„,  ■^^    ,        •      ,~        '  /-,         -i 

j    Eleazer  Allen         VV"  iorbes  Coniicil 

1^  Mathew  Rowan  James  Murray  J 
M'  John  Rieussett  presented  a  Petition  complaining  of  some  undue 
practices  to  his  prejudice  in  the  Clerk  of  the  General  Court  and  others  in 
the  Exercise  of  their  respective  Offices  which  being  read.  It  was  the 
opinion  of  this  board  that  things  of  that  nature  dont  properly  lye  before 
this  board  but  that  the  said  John  Rieusset  be  referred  to  the  General 
Court  for  redress  of  the  injuries  complained  of  whether  by  the  said  Clerk 
the  Sheriff  or  any  other  Person. 

Read  Sundry  Petitions  for  Patents  for  land  as  follows  Viz' 
William  Barrett  50"°  Tyrrel,  Jeremiah  Murden  310  Pasquotank,  Nath 
Norwood  400  Edgcombc,  Richard  Peirce  320  Perquimons,  Owen  Reese 
503  Pasquotank,  Anthony  Webb  S7  Bertie     Granted 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
William   Allen   100°°  N°    Hampton,   James  Jones   300   Edgecombe, 
Thos  Pendleton  400  Pasquotank     Granted 

At  a  Council  held  at  Edenton  the  2"'  April  1743 

Present  His  Excellency  the  Goveriiour 
r  Nath  Rice  Edw"  Moselev  )  ^    ,,  , ,      , 

The  Honoble <^  Rob'  Halton      Cullen  Pollock  V^^'J  QTu'ilcn''^ 
(  Math  Rowan     James  Murray  j 
Tiie  following  Persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land  Viz' 

Black  White   Black 

Joseph  Wimberly  Pasquotank     1  James  Craven  Chowan     1         14 

Read  the  following  Petitions  for  Patents  for  land  Viz' 
Mary  Egerton  200  Tyrril,  Rich"  Hardygrove  100  Edgcouibe,  Stepiien 
Hall  108  Pasquotank,  Epaph  Moor  300  Edgcombe,  Math  Norwood  400 
D°,  James  Spiere  500  Craven 

His  Excellency  the  Governour  being  moved  in  behalf  of  Daniel 
M°Kiken  That  his  Fine  imposed  upon  him  last  Court  of  Assize  at  Cape 
Fear  for  certain  misdemeanors  might  be  remitted  in  consideration  of 
several  circumstances  of  mitigation  that  were  urged  in  his  favor.  His 
Excellency  was  pleased  to  ask  the  opinion  of  the  Council  who  advised 
his  Excellency  to  grant  the  same,  and  His  Excellency  ordered  the  said 
Fine  to  be  remitted  accordingly 

Read  sundry  Petitions  for  warrants  for  Land  as  follows  Viz 
William  Lighgon  900"°  N.  Hanover,  Ditto  320  D°,  Jos  Wimberly  150 
Tyrrel     Granted 


COLONIAL  RECORDS.  635 


At  a  Council  held  at  Edenton  25  day  of  July  Auno  Dom  1743 

Present  His  Excellency  the  Governoiir 

The  H       "'  /  ^"'^'  Halton         Cullen  Pollock  \  Esq"  Members 
\  Edw''  Moseley      James  Murray  J      of'  Council 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Lee  400  Craven,  William  Williams  200  Onslow,  William  Wil- 
liams 100  Ditto,  Luke  Whitefield  200  N.  Hanover,  John  Howard  300 
Onslow,  John  Greganus,  300  D°,  George  Paul  600  D°,  ZacI/  Field  200 
D°,  Peter  Dougii  400  Currituck,  William  Seargeant  200  Edgcorabe, 
Theop'  Goodwin  250  Ditto,  Oza  Jeffries  150  Ditto,  Solomon  Fullar  300 
Northampton,  John  Terrell  200  Edgcombe,  Ditto  300  Ditto,  Thomas 
Kerby  200  Ditto,  Ditto  200  Ditto,  Isaac  Ricks  150  Ditto,  Samuel  Wil- 
liams 300  Ditto,  Sam'  Peacock  500  Craven,  John  Smith  Ju"'  500  Hide, 
Wy  Ormond  150  Beaufort,  Lodowick  Martin  150  Hide,  John  Smitii 
Ju'  300  Ditto,  John  Smith  Ju'  100  Hide,  Richard  Alligood  150  Beau- 
fort, William  Webster  200  Hide,  James  Kelly  200  Ditto,  Ditto  200 
Ditto,  Jolin  Wliite  150  Ditto,  John  White  300  Ditto,  John  Collins  200 
Ditto,  William  Williamson  150  Craven,  Charles  Cavenah  200  Edgcombe, 
William  Pugh  200  Craven,  James  Popeland  550  Chowan,  Nath  Everet 
300  Onslow,  Daniel  Marshburn  300  Ditto,  Alexander  Clark  200  Bladen, 
Thomas  Martin  200  Carteret,  David  Shephard  640  Ditto,  Joseph  Pit- 
man 500  Craven,  George  Read  300  Carteret,  Col°  W"  Wilson  300  Cra- 
ven, Ditto  400  D",  Col"  W"  Wilson  400  Craven.     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

William  Price  200  Hyde,  Thomas  Goeler  300  Hide,  John  Findall  200 
Beaufort,  Timothy  Harris  165  Ditto,  William  Maxon  200  Hide,  Wil- 
liam Martin  200  Beaufort,  Isaac  Rich  150  Edgcombe,  Thomas  Kerby 
300  Craven,  John  Carrell  300  Northampton,  Ozh  Jeffreys  400  Craven, 
Robert  Mitchell  350  Edgcombe,  Epa""  Moore  300  Ditto,  William  Hobby 
150  Ditto,  Isaac  Ricks  400  Ditto,  Ozh  Jeffreys  350  Edgcombe,  Thomas 
Wall  500  Ditto,  Nath'  Cooper  400  Ditto,  William  Taylor  1000  Ditto, 
John  Wallis  300  Onslow,  Thomas  Brown  300  .Edgcombe,  John  Bass 
300  Ditto,  Robert  Hudwall  150  Ditto,  John  Singleton  300  Craven,  John 
Ballard  600  Ditto,  Richard  Johnston  200  Ditto,  Corn'  Lynch  170  Ditto, 
George  Kernegy  50  N.  Hanover,  Jona  Bangs  170  Craven,  Winder  Blyler 
200  Ditto,  John  Boyd  300  Ditto,  Thomas  M'Clendou  350  Craven,  Robert 
Refords  100  D",  Edward  Jones  200  Edgcombe,  Hugh  Stainland  100 
Craven,  George  Wimberly  640  Edgcombe,  William  Lasseter  300  D°, 
Edward  Jones  640  D°,  William  Hawkins  187  Onslow,  William  Lester 
137  D°,  Richard  Kimp  300  Edgcombe,  Edward  Boykin  200  D",  James 
M^KIewean  600  Craven,  Nathaniel  Jones  300  Edgcombe,  Robert  Green 


iJ36  COLONIAL  RECORDS. 


400  D",  George  Kenegy  100  Craven,  David  Williams  300  N.  Hanover, 
Stephen  Ganey  200  Edgcombe,  Stephen  Howard  250  Onslow,  Jno 
Sniithwick  for  a  resnrvey  of  a  traet  in  Tyrrel,  Jas  Waine  for  Ditto  in 
Craven,  Seth  Pilkington  for  a  resurvey  for  a  tract  in  Beaufort.     Granted 

Read  sundry  Petitions  for  Warrants  for  Land  Viz' 

Arthur  Pearce  100  Craven,  James  Bourman  200  Edgcombe,  Igna' 
Smallwood  356  Craven,  James  Spier  100  Ditto,  Benjamin  Wall  100 
Ditto,  William  Bun  500  N.  Hanover,  John  Blunt  100  Craven,  John 
Waid  500  Beaufort,  Henry  Rhodes,  300  Onslow,  John  Heays  300  Pas- 
quotank, Thomas  Thel  600  N.  Hanover     Granted 

The  following  Persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land  Viz' 


Arthur  Pearce 

White 
1 

Black 

Oz"  Jeffries 

White 
1 

BIa( 

1 

Benj°  Wall 
Jno  Spier 
John  Blunt 

1 
1 
1 

William  Bupps 
Ignatius  Smallwood 
John  Smith 

6 
6 
3 

John  Ward 

5 

John  Castellaw 

2 

Abra"  Duncan 

7 

15 

James  Basman 

3 

At  a  Council  held  at  Edenton  July  the  26'"  1743 

Present  His  Excellency  the  Governour 
Ti     XT       ki      /  Robert  Halton       Cullen  Pollock  1  Esq"  Members 
ihe  Mouoble    |  g^j^^jj^^  Moseley  James  Murray  /     of  Council 

Read  the  following  petitions  for  Warrants  for  Lands  Viz' 

Thomas  Jones  100,  200  Bladen,  Benj"  Williams  250  Craven,  Abraliam 
Duncan  300  Beaufort,  Tho»  Brooks  50  Bladen,  Thomas  Teal  100  Cra- 
ven, William  Hall  200  Ditto,  William  Hall  200  Ditto,  Henry  Best  200 
Ditto,  Ditto  200  Ditto,  Henry  Best  200  Craven,  Thomas  Page  300  Ditto, 
Ditto  300  Ditto,  Phillip  Pearce  200  Craven,  Solomon  Johnston  350  Ditto, 
James  Conner  500  Tyrell,  Thomas  Pendleton  395  Pasquotank,  Robert 
Edney  150  Ditto     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

Francis  Spight  200  Chowan,  James  Swain  200  Craven,  Samuel  Smith- 
wick  500  Bertie,  John  Dugging  500  Ditto,  William  Moor  400  Edg- 
combe, George  Gould  640  Bertie,  James  Copland  600  Chowan,  Thomas 
Mackey  200  Pasquotank,  Daniel  Osheal  640  Edgcombe,  Charles  Jenkins 
600  Chowan,  Joseph  Norris  360  Pasquotank,  Joseph  Midgett  100  Cur- 
I'otuck,  Henry  Gibbs  1150  Ditto,  Francis  Parker  200  Edgcomb,  John 
Lee  400  Craven,  Robert  Warren  170  Edgcombe,  Thomas  Bridgman  400 
Tyrrel,  Jasper  Cox,  400  N.  Hanover,  David  Coltrain,  330  Edgcombe, 
Richard  Lee,  400  Edgcombe,  John  Sharrard  300  Craven,  John  Wood 


COLONIAI.  RECORDS.  637 


400  Ditto,  Jolin  Pope  200  Ditto,  Ditto  300  Edgcombe,  Thomas  Wil- 
liams 400  Ditto,  John  Lee  100  Craven,  Isaac  Williams  100  Ditto,  John 
Wood  100  Ditto,  Benjamin  Edwards  150  Edgcombe     Granted. 

The  following  Persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land,  Viz' 

Whites    Blacks  Whites    Blacks 

Hnmphray  Robinson     6         2     William  Arkell  2         3 

James  Killey  5         9     Richard  William  Salvester  1 

Samuel  Jasper  10         5 

The  Office  of  Chief  Justice  being  become  vacant  by  the  death  of 
William  Smith  Esq'  his  Excellency  was  pleased  to  ask  the  advice  of  his 
Majestys  Council  in  relation  to  the  filling  the  said  Post  with  some  Per- 
son till  his  Majestys  pleasure  shall  be  known  Who  being  divided  there- 
upon his  Excellency  was  pleased  to  appoint  John  Montgomery  Esq'  his 
Majestys  Attorney  General  to  be  Chief  Justice  of  the  province  in  the 
room  of  the  said  William  Smith,  As  also  to  appoint  Joseph  Anderson 
Esq'  Attorney  General  in  the  room  of  the  said  John  Montgomery  and 
Edward  Moseley  Esq'  was  appointed  Chief  Baron  of  the  Exchequor 

Ordered  that  commissions  be  forthwith  prepared  and  issued  accord- 
ingly under  the  Great  Seal  of  the  Province — It  was  also  Ordered  by 
and  witii  the  advice  and  consent  of  His  Majestys  Council  That  Robert 
Halton  James  Innes  Macrora  Scarbrough  and  Thomas  Hunter  Esq"  be 
assistant  Justices  of  the  General  Court  and  that  a  Commission  be  made 
out  and  issued  accordingly 

Then  the  Council  adjourned  till  the  Afternoon  3  "Clock 

The  Council  met  according  to  adjournment     Present  as  before 

John  Montgomery  Esq'  produced  a  Commission  appointing  him  Chief 
Justice  of  North  Carolina  and  thereupon  was  duly  qualified  by  taking 
the  several  Oaths  by  Law  appointed  for  the  Qualification  of  Publick 
Officers  subscribing  the  Test  and  taking  the  Oath  of  a  Chief  Justice 

Edward  Moseley  Esq'  produced  a  Commission  appointing  him  Chief 
Baron  of  the  Court  of  Exchequer  of  North  Carolina  and  was  thereupon 
duly  qualified  by  taking  the  several  Oaths  Ijy  Law  appointe<l  for  the 
qualification  of  Publick  Officers  subscribing  the  Test  and  taking  the  Oath 
of  a  Chief  Baron 

Joseph  Anderson  Esq'  produced  a  Commission  appointing  him  Attor- 
ney General  of  the  same  Province  and  was  duly  qualified  by  taking  tiie 
several  Oaths  by  Tjaw  appointed  to  l)e  taken  by  Pultlick  Offices  and  suli- 
scribing  the  Test 


638  COLONIAL  RECORDS. 


At  a  Council  held  at  Edenton  the  27*  day  of  July  1743 

Present  His  Excellency  the  Governour 

Tl     W       Kl    /  I^o^'^i'''  Halton         Collin  Pollock  )^  Esq"  Members 
\  Edward  Moseley     James  Murray  j      of  Council 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Peter  West  100  Bertie,  John  Swandall  900  Currituck,  Job  Wilder  400 
Edgcombe,  William  Bentlev  400  Ditto,  Thomas  Lane  400  Craven, 
Israel  Lambert  150  Pasquotank,  P^lisha  Ballard  640  Perquimons,  Ben- 
jamin Colpepper  200  Edgcombe,  Thomas  Keppoii  300  N.  Hanover, 
Ditto  200  Ditto,  John  Bird  100  Bladen,  Elisha  Hunter  200  Chowan, 
James  Hasel  640  N.  Hanover,  Truman  Moor  250  Perquimons,  William 
Walker  300  Edgcombe,  Elias  Fort  200  Ditto,  Joseph  John  Alston  150 
Ditto,  Ricliard  Hardgrove  200  Edgcombe,  Nath  Maccaw  300  N.  Han- 
over, Nath  Martin  297  Carteret,  John  Miller  400  N.  Hanover,  Francis 
Sumner  300  Onslow,  Gibbon  Jening  250  Ditto,  Edward  Hard  Jun'  640 
Ditto,  Moses  Saunders  300  Ditto,  Stephen  Howard  300  Ditto,  Garsham 
Howard  450  Ditto,  Elias  Stallings  400  Bertie,  Ditto  600  Ditto,  Edward 
Homes  300  Ditto,  Peter  West  100  Ditto,  Edward  Homes  300  Ditto, 
Richard  Lovit  Jun'  100  Hyde,  Mary  McKonky  200  Bladen,  John  Lan- 
nier  640  Bladen,  William  Whilleif  640  Craven,  John  Campbell  300 
Chowan,  Richard  Silvester  300  Hide,  Macrora  Scarbrough  256  Per- 
quimons, Elias  Stallings  600  Bertie,  Ditto  400  Ditto.     Granted. 

Read  the  following  Petitions  for  patents  Viz' 

Joseph  Barredel  200  Bertie,  Zach'  Chancey  950  Perquimons,  Arthur 
Whitehead  400  Edgcombe,  William  West  200  Ditto,  John  Seold  150 
Ditto,  -lames  Jones  300  Ditto,  William  Edens  250  N°  Hampton,  John 
Moore  156  Perquimons,  Tiiomas  Nicholson  100  Ditto,  Aaron  Hill  300 
Pasquotank,  John  Matchatt  430  N.  Hanover,  Edward  Arnold  85  Cho- 
wan, Francis  Spight  640  Ditto,  William  Moore  400  Edgcombe,  Joseph 
Howell  156  Craven,  Ditto  150  Ditto,  Latham  Pursell  200  Pasquotank, 
Joseph  Wensley  200  Perquimons,  James  Parnenter  500  Edgcombe, 
Alie  Bryan  300  Craven,  John  Beaton  640  Ditto,  John  Holbrook  250 
Bertie,  William  West  100  Edgcombe,  Jacob  Rogers  200  Ditto,  Joseph 
Hosea  204  Perquimons,  Samuel  Williams  640  Edgcombe,  Ditto  100 
Ditto,  James  Minekin  200  Beaufort,  Abr"  Salterthwite  130  Hide,  Rich- 
ard Warnor  250  Beaufort,  Jane  Jennett  150  Tyrrel,  John  Wilcox  30 
Perquimons,  Thomas  Hill  500  Edgcombe,  Solomon  Hughs  74  Bladen, 
James  Craven  for  a  resurvey  of  Certain  Land  in  Chowan     Granted 

The  following  Persons  were  admitted  to  prove  their  rights  in  Order 
to  their  Taking  up  of  Land  Viz' 

White    Black 

John  Cambell  12         5 

Macrora  Scarborough  '  3 


COLONIAL  RECORDS.  639 


At  !i  (  nimcil  Ik'M  at  Edention  the  28*  day  of  July  1743 

Present  His  Exce]leiiey  the  Governoiir 

rri      IT       1  1    f  Robert  Halton     Edward  Moselcy  1  Esq"  Mcml)ors 
Ine  Hoiioble<  ^,  ,,.     o  n     i       t  at  re  n         -i 

[  Collin  1  olloc'k     James  Murray      J       of  Council 

Read    the  followinjr  Petitions  for  Warrants  for  Lands  Viz' 

Joseph  Harran  300  Chowan,  Thomas  Yeats  300  Bertie     Granted 

Read  the  foilowing  Petitions  for  Patents  Viz 

Samuel  Green  350  N.  Hanover,  John  Cox  200  Onslow,  Samuel 
James  216  Ditto,  Francis  Snrcan  (540  N.  Hanover,  William  Jones  400 
Edgcomhe,  Henry  Roads  150  Onslow     Granted 

Read  the  Petition  of  James  Ijipsey  setting  forth  that  the  Clerk  had 
committed  an  error  in  the  filling  up  of  his  Warrants,  the  name  of  John 
being  put  when  it  should  have  been  Jame.<i  praying  the  same  might  lie 
rectified  which  was  accordingly  done  in  Council 

Joseph  Herran  was  admitted  to  prove  his  rigiit  in  order  to  his  taking 
up  of  Ivand  which  are  White  3,  black  21. 


At  a  Council  held  at  the  Council  C^iiamber  in  Edenton  the  lO*  dav  of 
November  1743. 

Present  His  Excellency  the  Governour 
(  Nath  Rice         Roger  Moor )  n^    rs  \i      i 
The  Hono'"-^  Rob'  Halton     Will  Forbes  \^%  JlemOers 
I  Math  Rowan  (      "^  Council 

His  Excellency  was  pleased  to  lay  before  the  Board  a  Letter  from  the 
Duke  of  Newcastle  in  relation  to  my  Lord  Carteret's  Eighth  part  of 
South  and  North  Carolina  with  his  Majestys  order  in  Council  touching 
the  same  and  certain  Listructions  under  his  Majestys  royal  sign  manual 
for  setting  out  to  his  Lordship'  ids  Lordships  said  eighth  part  of  South 
and  North  Carolina  in  North  Carolina  in  one  entire  District  Which 
order  and  Instructions  were  read  at  the  Board  and  in  persuance  of  the 
same,  His  Excellency  with  the  advice  of  His  Majesty's  Council  appointed 
Robert  Halton,  Eleazer  Allen,  Mathew  Rowan,  and  William  Forbes 
Esq"  Members  of  His  Majesty's  Council  and  George  Gould  Escj'  Sur- 
veyor Generals  of  Land  to  be  Commissioners  for  the  said  Service,  and  a 
Commission  was  ordered  to  be  made  out  accordingly 

Read  the  Opinion  of  Sir  Edward  Northey  and  other  Judges  n]ion  the 
Act  for  impressing  Seamen  in  America  which  had  been  sent  to  his  Ex- 
cellency by  the  Lords  Commissioners  of  the  Admiralty,  wdiich  was 
ordered  to  be  recorded. 

Road  an  Instruction  to  Captain  Ashby  Uthing  for  the  Protection  of 
this  Province  by  Sea  from  Spanish  Privateers  by  extending  his  Cruize 
as  far  as  Cape  Hatteras  which  was  ordered  to  be  registered 


640 


COLONIAL  RECORDS. 


The  following  Persons  were  admitted  to  their  Rights  whieh  are  as  fol- 
loweth  Vi/' 


White 

Black 

White 

Mathew  Rowan  New  Hanover    6 

1      James  Hamilton  Beaufort 

2 

Joseph  Bradley  Edgcomhe 

1 

James  Dudley          D° 

2 

John  Simons              D" 

9 

1      W"  Charon               D" 

2 

Tho'  Long         Craven 

4 

James  Cook  Craven 

8 

Jno  Thomas          D° 

9 

Jno  Blaokman   D° 

4 

Henry  Davis         D° 

6 

Jno  Martin            Edgcomhe        9 

Sam  Harding        D" 

5 

Thos  Zackra                 D" 

4 

James  Bennett      D° 

6 

Jno  Cruckshanks         D° 

7 

William  Taylor    D° 

4 

Benjamin  Thompson    D° 

6 

Richard  Wiggins  D° 

6 

Joseph  Kymbal            D° 

4 

Fra'  Diokison        D° 

3 

W"  Kymbal                 D° 

10 

Rob'  Beard            D° 

7 

Benj"  kymbal               D° 

11 

Jno  Whitley           D" 

3 

Rich*  Jones                  D° 

4 

Elias  Bargeroon    D° 

3 

W"  Saser                      D° 

3 

Peter  Bauson      Onslow 

2 

Jno  Skelton                   D" 

2 

Jas  Alkin             D" 

1 

"W"  Johnston                 D° 

3 

Christ"  Dudley    D" 

2 

Sam'  Duke                   D° 

4 

Esq"  Members 
of  Council 


At  a  Council  held  at  Edenton  the  11*  day  November  1743 
Present  His  Excellency  the  Governour 

iNath  Rice         Roger  Moore" 
Rob'  Halton     W"  Forbes 
Math  Rowan 

Read  the  petition  of  Henry  M°Culloh  Esq'  in  relation  to  a  Tract  of 
Land  of  72,000  Acres  to  the  said  M^Culloh,  on  the  head  of  the  North 
East  river  at  Cape  fear  setting  forth,  sundry  Errors  in  the  survey  and 
Patent  and  praying  to  be  relieved.  And  further  desiring  by  the  Secretary 
that  a  day  might  be  appointed  for  him  to  produce  his  Proofs  and 
Vouchers. 

Ordered  that  Wednesday  next  Mr  M''Culloh  have  leave  to  lay  his 
Proofs  before  this  Board. 

His  Excellency  proposed  to  tiie  Board  the  opening  of  the  Court  of 
Chancery  upon  the  Chief  Justices  informing  him  that  several  Persons 
who  had  Suits  depending  at  common  Law — wanted  to  take  out  Injunc- 
tions; which  being  considered  by  the  Board  they  were  all  of  opinion 
that  as  the  Court  of  Chancery  was  established  at  Cape  Fear,  it  ought 
not  to  be  held  at  this  Place 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

William  Williams  200  acres  Onslow  County,  Duncan  Cowan  640  N. 
Hanover,  Sam'  Williams  640  Edgcombe,  Jno  Parks  150  D°,  Joseph  Good- 


COLONIAL  RECORDS.  fi41 


son  400  D",  Jos.  John  Alston  150D°,  Rich"  Wall  300  N'Haniiiton,  Joseph 
Bradley  72  Edgcombe,  Charles  Jordan  1-54  Bertie,  Sara'  Peacock  .33.3 
Craven,  Jno  Gainey  300  D°,  Benjamin  Parsons  200  Edgcombe,  Nicho- 
las Boiirk  200  D°,  Jno  Bryan  200  Craven,  D"  93  D",  Jno  Sellers  Jnn'  400 
D°,  Tho'  M°Clendon  320  D°,  Jno  Creel  300  D",  Jno  Teal  100  D°,  Tho' 
Long  200  D°,  Edw*  Webber  200  Beaufort,  W"  Norwood  138  Cra- 
ven, Fran'  Clark  100  Onslow,  Jonathan  Woodall  172  D°,  Benj"  Weeks 
200  Carteret,  George  Paul  600  Onslow,  Moses  Saunders  300  D°,  Jno 
Hinton  138  Craven,  Samuel  Cherry  200  Beaufort,  Simon  Jones  200  D°, 
Jno  Maudual  150  Hyde,  Isaac  Buck  640  Beaufort,  W"  Taylor  160 
Edgcombe,  Ditto  100  D°,  James  Conner  100  Craven,  W"  Adams  320 
Beaufort,  Simon  Bright  540  Craven,  W"  Nivens  300  D",  Thos  Smith 
100  D°,  John  Filliau  100  D",  Lazarus  Kenny  200  Onslow,  James 
Rooke  200  D",  W"  Wickliff  350  C^raven,  Edm"  Peai-se  200  Beaufort, 
Tho"  Williams  240  D",  Isaac  Buck  160  Hyde,  W"  Martin  100  Beau- 
fort, Tho'  Little  400  D°,  Isaac  Buck  200  D°,  Thos  Giddings  300  D°, 
Tho'  Gralor  300  Hyde,  Tho'  Jewell  75  D°,  Wyriot  Ormond  150  Beau- 
fort, W°  Deloack  300  Edgcombe     Granted 

Read  the  following  petitions  for  Warrants  for  Land  Viz' 
Joseph  Bradley  100  Edgcombe,  James  Smith  250  Tyrrel,  Sol"  Wofort 
250  Craven,  Jno  Powel  100  D°,  James  Wiley  100  Tyrrel,  James  Con- 
nor 200  Craven,  Thos  Mercer  200  D",  Jas  Conner  1.50  D°,  Rob'  Warren 
350  N°  Hampton,  Jno  Simons  (Col°)  640  Craven,  Margaret  Haynes  200 
N.  Hanover,  Simon  Holmes  200  Craven,  Benj*  Thompson  600  Edg- 
combe, W""  Kymbal  500  D",  Jno  Martin  200  D°,  W"°  Sasser  300  D", 
Jno  Cruckslanks  300  D°,  Benjamin  Kymbal  200  D°,  And"  Jno  Febbin 
150  Onslow,  George  Cubbage  200  Bladen,  Ditto  100  D",  Math  Rowan 
Esq'  640  Bladen,  George  Jordan  100  Edgcombe,  Stephen  Williams  200 
Onslow,  W"  Williams  200  D",  Jno  Bobbit  400  P^dgcombc,  Jno  Simons 
2,400  D",  Tho'  Jackson  400  Chowan,  Joseph  Hymbal  500  Edgcombe, 
Richard  Jones  400  D",  Thos  Zaekerry  300  D",  Jolm  Starkey  200  Onslow, 
Owen  Jones  50  D°,  Theoph'  Weeks  100  D",  Christ"  Dudley  200  D°,  Jas 
Alkin  100  D",  Peter  Batson  100  Carteret,  James  Hamilton  150  Beaufort. 
Granted. 

Read  the  Petition  of  James  Castellaw  for  a  Resurvey  of  certain  Lands 
in  Tyrrel  County  for  which  he  has  a  Patent  and  praying  if  the  Tract 
contains  more  acres  than  the  Patent  is  for,  that  He  may  have  the  Prefer- 
ence in  taking  up  such  surplusage  Granted  for  the  Survey,  and  accord- 
ingly it  was  Ordered  that  the  Surveyor  General  do  cause  a  resurvey  to 
be  made  of  the  said  Lands  and  return  the  same  to  this  Board. 

Vol.  4—81 


642  COLONIAL  RECORDS. 


At  a  Council  held  at  Edenton  the  15*  day  of  November  1743 
Present  His  Excellency  the  Governour 
( Nath  Rice         Rog:er  Moor  )  f    '»  A/r      I 

The  Honoble<^  Rob'  Halton      Edward  Moseley   V  ^""l    Members 
( Math  Rowan     W"  Forbes  J      "*  Council 

The  following  Persons  were  admitted  to  prove  their  Right  Viz' 

White  White 

Hugh  Blaning  New  Hanover     4         Ralph  Mason   Edgcombe         6 
Wallace  Jones  Edgcombe  4         Jno  Wilkinson  Chowan  4 

W"°  Williams         D°  7         Richard  Holland  Edgcombe     2 

George  Nicholson   D°  7 

Read  the  Petitions  of  the  following  Persons  for  Warrants  for  Land  Viz' 

Jacob  Lewis  640  Onslow,  Hugh  Blaning  320  N.  Hanover,  Roger 
Moore  300  D",  Martin  Gardnier  Sen'  300  Bertie,  W"°  Cannon  400  Beau- 
fort, Jno  Tuly  50  Hyde,  W"  Linniear  200  Beaufort,  Henry  Snoad  300 
D°,  Simon  Jones  200  Beaufort,  W  Caron  100  J)",  James  Dudley  200 
D°,  Chas  Gavin  600  Craven,  Edward  Jones  640  Edgcombe,  Martin 
Gardiner  Jun'^400  Bertie,  Jonathan  Parker  600  Chowan,  Jno  Davis  300 
Edgcombe.     Granted 

Read  the  following  petitions  for  Patents  Viz' 

Rob'  West  (Col")  640  Bertie,  W"  Beutley  400  Edgcombe,  Mary  Pat- 
terson 300  D",  Tho^  Lane  400  Craven,  David  Davis  200  Onslow,  Sam' 
Brown  150  Edgcombe,  Sam'  Thomas  450  Bertie,  Jno  Askue  266  Edg- 
combe, Peter  West  80  Bertie,  Luke  Slaughter  250  D°,  Dan'  Vanpelt  400 
D°,  Thos  Morrice  320  N.  Hanover,  Jno  Perry  600  Bertie,  Sam'  Saban 
Pluraer  144  Pasquotank,  Jno  Thomas  300  Craven,  Edw*  Tyson  60 
Hyde,  Rob'  Sanders  640  Edgcombe,  Rich''  Grandou  640  D°,  Fran' 
Parker  Jun"-  640  D",  Ditto  640  D",  Jno  Howel  100  Bertie,  Tho"  Smith 
100  Craven,  Henry  Everitt  100  Beaufort,  Abra  Whitehead  164  Edg- 
combe.    Granted. 

P.  M.  Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
David  George  40  Craven,  D"  60  D°,  John  Herring  Jun'  300  Craven, 
Archibald  M°ilroy  250  D",  Henry  Morris  200  N.  Hanover,  Andrew 
Wallace  200  D",  Jno  Keen  100  D",  W"  Thomas  150  D°,  George  Nichol- 
son 640  Edgcombe,  Wallace  Jones  350  D°,  W"  Williams  640  Craven, 
Ralph  Mason  300  Edgcombe.     Granted 

Read  the  Petition  of  Robert  Walker  setting  forth  that  one  Thomas 
Keunon  had  obtained  a  Warrant  for  two  hundred  Acres  of  Land,  for 
which  the  Petitioner  has  prior  Warrant,  by  surprize  and  knowing  the 
Petitioner  had  such  a  Warrant  the  time  for  surveying  which  is  not  yet 
elapsed ;  Praying  therefore  that  the  Grant  to  the  said  Thomas  Kennon, 


COLONIAL  RECORDS.  (J4:3 


may  be  set  aside,  That  so  he  may  be  at  Liberty  to  apply  in  proper  man- 
ner for  a  Grant  upon  return  of  the  Warrant  and  Survey  for  the  Peti- 
tioner 

His  Majesty's  and  my  Lord  Carterets  Commissioners  for  settiuf^  out 
his  Lordships  eighth  part  of  Nortii  and  Soutii  Carolina  in  that  part  of 
North  Carolina  which  lyes  next  adjoining  and  contiguous  to  Virginia  by 
runing  a  line  of  Division  between  such  Eighth  part  and  the  rest  of 
North  Carolina  to  tiie  Southward,  being  met  in'  a  body  in  the  Council 
Chamber  did  there  represent  to  his  Excellency  the  Governor  Tliat  the 
business  of  the  Assembly  now  setting  coidd  not  be  carried  on  without 
interfering  with  his  Majesty's  Instructions  in  that  behalf  (which  they 
observed  required  the  greatest  dispatch)  most  of  the  Commissioners 
being  of  His  Majesty's  Council 

They  therefore  humbly  offered  it  as  their  opinion  and  desired  for  as 
much  as  the  time  limitted  for  running  the  said  Line  would  expire  by  the 
second  of  January  next  and  the  season  of  the  year  being  so  far  advanced 
that  unless  the  work  was  undertaken  immediately  there  was  danger  least 
the  same  might  be  obstructed  by  bad  weather  so  as  to  prevent  His  Maj- 
estys  orders  from  being  carried  into  Execution,  That  his  Excellency 
would  be  pleased  to  prorogue  the  Assembly  that  they  might  enter  with- 
out loss  of  time  upon  the  Execution  of  their  Commissions  which  they 
cannot  do  while  the  Assembly  sits,  as  their  Absence  would  not  leave  a 
sufficient  number  to  make  an  Upper  House. 

To  which  his  Excellency  was  pleased  to  return  for  Answer,  that  he 
would  consider  of  it. 

At  a  Council  held  at  Edenton  the  16'"  day  of  November  1743  Pres- 
ent as  before 

The  following  Persons  applyed  for  Grants  for  Land  as  follows  Viz' 
W"  Mace  100  Beaufort,  W""  Pearce  600  Bertie,  Rice  Price  375  Cra- 
ven, W"  Mace  640  Beaufort,  Thos  Bonnei-  400  Beaufort,  D°  300  D°, 
Sam"  Boutwel  400  D°,  Richard  &  W"  Silvester  300  Curritu<-k,  Jno 
Rassberry  200  Bertie,  Jno  Mills  500  Beaufort,  Elisha  Ballard  60  Per- 
quimons,  Dan'  Dimbibin  260  N.  Hanover,  Edward  Griffith  640  Craven 
Granted 

The  following  Persons  applyed  fur  Warrants  for  Land  Viz' 
Joseph  Thomas  300  Edgcombe,  Rich''  Sumner  350  N°  Hampton,  W" 
Chevers  200  Edgcomi)e,  Nehemiah  Joiner  200  D°,  W"  Bentley  200  D°, 
Roht  Ruffin  200  D°,  W"  Kinchin  100  D°,  Edw'^  Jones  640  D",  Joseph 
Lane  400  D°,  Jno  Williams  400  N.  Hanover,  Thos  Walton  700  Cho- 
wan, Mich  Boon  300  N"  Hampton,  Alex  Campbell  400  D°,  W"  Hin- 
ning  150  Graven,  Thos  Parmer  300  D°,  W"  Kinchin   540  D°,   Nath' 


B44  COLONIAL  RECORDS. 


Barnes  100  Edgcoiube,  Joseph  Barnes  100  D°,  Joseph  Lane  200  D°, 
John  Wynns  200  Craven,  Tho»  MeClendon  250  D",  Thos  Bird  250 
Bertie,  David  Evans  300  N.  Hanover,  W"  Gouruey  200  Craven,  Rich- 
ard HoHand  200  Edgcoiube,  W"  Kinchin  200  Craven.     Granted. 

The  following  Persons  were  admitted  to  prove  their  Rights  in  order 
to  their  taking  np  of  Laud  Viz' 

Whites    Blacks 

Isaac  Farmer    Edgcombe  3 

Joseph  Thomas       D"  5         5 

W"  Gourney           D°  5 

W"  Herring            D°  2 

Nehemiah  Joiner    D°  2 

The  Representation  of  Henry  M°Cnlloh  Esq'  which  was  presented 
the  11""  instant  and  was  now  again  read  being  in  the  following  words 

To  His  Excellency  Gabeiel  Johnston  Esq'  in  Council 
The  humble  Representation  of  Henry  M'Culloh  Sheweth 
That  his  Majesty  by  his  order  in  Council  bearing  date  the  29*  day  of 
April  1736  Directed  the  Surveyor  General  or  his  Deputy  to  lay  out  and 
admeasure  seventy  two  thousand  Acres  of  Land  upon  the  North  East 
Branch  of  Cape  Fear  river  from  the  second  high  Bluff  upwards  leading 
towards  the  point  of  Trent  river  on  the  East  side  and  on  the  West  to- 
wards the  head  of  black  river  and  further  directs  that  the  Land  shall 
be  withiu  the  Limits  described  in  the  said  order 

That  although  his  Majesty's  said  order  of  Council  in  a  very  particu- 
lar manner  directed  at  what  place  the  Survey  was  to  begin  and  in  what 
manner  the  Surveyor  was  to  proceed  afterwards,  Capt  Rowan  who  then 
acted  as  Surveyor  General  was  pleased  to  begin  the  Survey  upon  a 
branch  of  Black  river ;  at  above  thirty  miles  distant  from  the  second 
high  Bluff,  and  in  the  whole  of  the  survey  by  him  made  he  has  not 
taken  into  the  amount  of  four  thousand  acres  of  the  Lands  described  in 
his  Majesty's  said  Order  of  Council.  Which  extraordinary  proceeding 
of  the  Surveyor  General  could  not  have  been  warranted  if  the  Grantee 
himself  had  been  consenting  thereunto. 

That  his  Majesty  having  been  graciously  pleased  to  direct  that  the 
Grantee  should  only  be  liable  to  the  settlement  of  one  white  Person  for 
every  four  hundred  and  forty  acres  contained  in  his  Grant.  The  Secre- 
tary in  making  out  said  Grant  Subjects  the  Grantee  to  the  Settlement  of 
one  white  person  for  every  two  hundred  acres  contained  in  the  same. 
And  further  makes  the  Grantee  liable  to  several  conditions  of  forfeiture 
that  are  not  directed  by  his  Majesty  in  the  said  order  of  Council. 


COLONIAL  RECORDS.  045 


That  your  Memorialist  being  fully  determined  immediately  to  comply 
with  the  conditions  upon  whicii  he  obtained  his  Majesty's  said  Order  of" 
Council.  He  at  great  expence  employed  several  Persons  to  procure  him 
foreign  Protestants  to  settle  upon  the  Lands  that  were  to  be  granted ; 
and  accordingly  before  he  had  any  notice  of  said  survey  transported  into 
this  Province  by  one  Cap'  Ure  one  hundred  and  fifty  three  Persons  and 
by  a  Sloop  from  South  Carolina  forty  two  Swi.ss  niaking  in  the  whole 
one  hundred  and  ninety  five  Persons  who  were  mostly  supported  by 
him  for  above  twelve  months  after  their  Arrival  in  this  Province. 

That  although  at  the  time  those  persons  were  Shipt  he  had  not  any 
notice  of  the  survey  being  made  or  that  the  Lands  could  be  prepared  to 
receive  them  yet  he  thought  himself  very  secure  in  that  particular,  as  your 
Excellency  in  1735  was  pleased  to  order  a  survey  to  be  made  for  him  of 
four  thousand  acres  of  Land  at  Golden  Grove  in  which  place  he  in- 
tended to  seat  the  persons  he  had  transported  untill  the  former  Grant 
was  made  out  But  by  what  authority  the  surveyor  took  in  those  Lands 
into  the  Survey  that  he  made  upon  black  river,  Your  Memorialist  is  at 
a  loss  to  judge 

That  when  your  Excellency  ordered  the  Grant  and  plot  annexed  there- 
unto to  be  transmitted  Your  Memorialist  appeals  to  your  Excellency 
whether  he  did  not  very  soon  after  object  both  to  the  Survey  and  to  the 
Grant  as  issued  and  if  He  did  not  since  his  arrival  in  this  Province 
apply  upon  Several  Occasions  to  your  Excellency  to  have  a  new  Grant 
made  out  agreeable  to  the  terms  and  Contained  in  his  Majesty's  said 
Order  of  Council 

That  his  Majesty  by  that  said  Order  of  Council  having  been  pleased 
to  direct  that  a  saving  Clause  as  to  the  right  of  sucii  as  may  have  a  law- 
ful claim  to  any  of  the  said  Lands  by  virtue  of  Grants  made  and  authenti- 
cated to  them  before  your  Excellency  shall  be  apprised  of  his  Majestys 
pleasure  signifieil  for  passing  the  said  Grant  to  the  Petitioner 

Your  Memorialist  is  therefore  iiumbly  of  opinion  that  no  warrant  or 
Grant  is  or  ought  to  issue  to  any  Persons  who  have  seated  themselves 
upon  the  Lauds  which  of  right  belongs  to  him,  by  virtue  of  his  Majes- 
tys said  order  of  Council  your  Excellency  having  been  for  many  years 
apprized  of  his  Majestys  intentions  therein 

Your  Memorialist  thei-efore  humbly  prays  that  your  Excellency  would 
take  the  premises  into  consideration  and  that  your  Excellency  will   be 
pleased  to  grant  such  Relief  as  the  nature  of  the  case  requires. 
I  am  your  Excellencys 

Most  obedient  and  most  humble  servant 

HENRY  M'CULLOH 


646  COLONIAL  RECORDS. 


M'  M°Cnlloh  having  spoke  to  several  Points  in  his  Memorial  offered 
the  return  of  a  view  that  liad  been  made  of  his  Lands  on  the  N°East  by 
the  direction  of  the  Surveyor  General  in  pursuance  of  an  Order  of  His 
Excellency  the  Governour  which  was  objected  to  by  M'  Rowan  who 
Surveyed  the  Land  in  regard  tiiat  he  had  not  notice  to  be  present  at  the 
said  view  and  therefore  desired  the  same  might  not  be  received  or  any 
evidence  offered  by  M"'  M°Culloh  thereupon  till  he  should  be  prepared  to 
make  his  defence  which  the  Council  thought  reasonable.  Then  M' 
M°Cnlloh  produced  a  Copy  of  the  Patent  or  Grant  that  was  made  out  to 
him  for  one  of  the  Tracts  of  Land  therein  mentioned  Viz'  that  for 
72,000  acres  attested  by  one  of  the  Clerks  of  the  Secretary's  Office  as 
taken  by  him  from  the  record  of  Patents  but  he  could  not  be  certain 
whether  it  had  been  examined  and  the  record  Book  from  whence  the  same 
was  taken  being  at  Cape  Fear  it  could  not  now  be  compared  therewith. 
Then  the  Question  being  put  to  the  Council  by  the  Governour  whether 
admitting  the  said  Copy  as  Evidence  they  could  form  a  Judgment  from 
the  Courses  there  laid  down  whether  the  Survey  was  agreeable  to  the 
Kings  order  of  Council  now  read  to  them,  They  were  all  of  opinion 
that  it  was  impossible  to  form  Judgment  from  such  great  number  of 
courses,  without  a  scheme  or  plot  of  the  Lands  described  by  those 
courses.  Whereupon  M'  M°Culloh  was  desired  to  produce  his  patent 
with  the  plot  of  the  Land  annexed,  who  affirmed  upon  Oath,  that  neither 
the  Patent  nor  jjlot  was  in  the  province,  but  left  by  him  in  London. 

Whereupon  the  following  Expedient  was  proposed,  that  is  to  say, 
That  the  Surveyor  General  should  be  directed  to  resurvey  the  Land  in 
dispute  by  and  according  to  a  copy  of  the  courses  from  the  Patent  Book, 
attested  by  the  Secretary  himself  and  return  a  perfect  plot  or  plan  of  the 
Land  so  to  be  resurveyed  to  this  Board,  at  their  next  sitting  Accord- 
ingly it  was  Ordered  that  the  Secretary  deliver  an  attested  Copy  of  M' 
M'Cullohs  Patent  for  72,000  Acres,  as  recorded  in  the  Patent  book  and 
tiiat  the  Surveyor  General  cause  a  resurvey  to  be  made  agreeable  thereto, 
and  report  the  same  to  the  Board 

Henry  M°Culloh  Esq'  presented  a  Representation  in  liehalf  of  Murray 
Crymbal,  James  Huey,  and  their  Associates,  in  the  following  words  Viz' 

To  His  Excelt.ency  Gabriel  Johnston  Esq'  in  Council 

The  Humble  Representation  of  Henry  M°Culloh  in  behalf  of  Murray 

Crymbal,  James  Huey  and  their  associates  Sheweth 

That  his  Majesty  by  his  order  in  Council  bearing  date  the  19""  day  of 

May  1737  ordered  and  directed  that  the  said  Murray  Crymbal  James 

Huey  and  their  Associates  shall  be  allowed  one  million  two  hundred 


COLONTAI>  RECORDS.  647 


tlioiisand  Acres  of  Land  to  be  surveyed  upon  tlie  lieads  Pee  Dee  Cape 
Fear  and  Nu.se  rivers  and  that  when  the  Surveys  were  returned  that  the 
Governonr  do  grant  the  same  to  the  Petitioners  and  tlieir  Associates  in 
such  proportion  as  shall  be  required  l)y  them  But  no  Grant  to  contain 
less  than  twelve  thousand  Acres 

That  as  the  said  Grants  were  to  be  made  out  to  Murray  Crymble, 
James  Huey  and  their  Associates  in  severalty  and  that  each  of  the  Asso- 
ciates were  only  subject  to  the  Conditions  contained  in  the  Grants  to  be 
made  out  to  each  of  them  respectively  the  Surveyor  General  could  not 
in  pursuance  of  said  order  make  any  survey  untill  the  parties  concerned 
had  first  informed  him  in  what  proportion  and  in  whose  names  the  Sur- 
veys and  plats  were  to  be  returned  and  further  the  said  order  directing 
that  those  twelve  different  parcells  shal  be  surveyed  upon  the  heads  of 
Pedee  Cape  Fear  and  Nuce  rivers,  the  Surveyor  General  could  not  deter- 
mine for  the  parties  what  proportions  of  Land  should  be  surveyed  to 
them  upon  the  heads  of  these  rivers  respectively  nor  would  this  be  cou- 
sistent  with  such  agreement  as  Murray  Crymble,  James  Huey  and  their 
Associates  came  under  in  relation  to  tlieir  respective  shares  or  propor- 
tions of  the  lands  to  be  allotted  them  as  by  private  agreement  was  deter- 
mined previous  to  the  survey,  upon  what  rivers  their  shares  were  to  be 
laid  out  to  them 

That  not  only  by  the  constant  practice  of  this  province  but  also  of  all 
other  Ids  Majesty's  Provinces  upon  the  main  of  America  no  Surveyor 
General  or  Deputy  is  to  lay  out  or  admeasure  any  Lands  upon  a  General 
Warrant  witliout  first  having  notice  from  tiie  party  parties,  or  some  per- 
son authorized  by  them  where  such  Lands  lye  that  he  is  to  survey  and 
make  return  of  the  plan  or  plot.  And  further  to  remedy  the  frequent 
abuses  that  were  committed  by  the  Surveyors  in  this  Province  in  the 
year  1715.  It  was  Enacted  that  all  Warrants  shall  be  delivered  to  the 
Surveyor  General  or  his  Deputy  together  with  an  account  where  the 
land  lyes  which  he  intends  to  take  up  by  that  warrant  and  by  the  said 
Law  there  are  penalties  inflicted  on  the  Surveyor  if  he  dotli  not  do  his 
Duty 

That  as  there  was  a  special  direction  in  his  Majestys  said  order  to  take 
care  of  the  rights  of  such,  who  had  Grants  made  out  to  them  previous  to 
those  that  were  to  be  made  out  to  Murray  Crymble,  James  Huey  and 
their  Associates  it  was  thouglit  proper  by  the  Gentlemen  concerned  to 
desire  me  to  send  over  to  your  Excellency  a  Duplicate,  of  his  Majestys 
said  order  of  Council  that  you  might  be  informed  of  his  Majestys  inten- 
tions therein  and  at  same  time  I  was  desired  to  inform  your  Excel- 
lency that  the  Gentlemen  concerned  intended  to  send  over  an  Agent  to 


(548  COLONIAL  RECORDS. 


take  care  of  their  Interest  and  tliat  as  soon  as  they  could  conveniently 
meet  to  determine  in  what  proportion  the  Grants  should  be  made  out 
they  would  give  no  delay  but  transmitt  the  same  to  your  Excellency. 
When  I  received  this  notice  from  the  Gentlemen  concerned,  there  was  no 
opportunity  of  writing  to  your  Excellency  from  London,  but  as  I  knew 
of  two  Ships  going  from  Ireland,  I  took  that  0]iportunity  of  writing  to 
ypur  Excellency,  to  the  Effect  and  purport  I  have  above  set  forth,  for 
the  truth  of  which  I  appeal  to  your  Excellency 

That  when  I  I'eturned  from  Ireland  to  London,  the  Gentlemen  con- 
cerned in  a  little  time  after,  had  a  meeting,  and  agreed  amongst  them- 
selves, upon  what  rivers  each  of  them  should  have  their  siiares  or  pro- 
portion of  the  Lands  laid  out  to  them  and  at  that  meeting  give  direc- 
tions to  Murray  Crymble  and  James  Huey  to  vest  the  Lands  in  me  as 
Trustee  for  the  rest,  and  upon  that  occasion  took  obligations  from  me  as 
far  as  in  me  lay  to  perform  the  conditions  upon  which  the  Trust  was 
vested 

That  by  the  first  ojiportunity  that  offered  for  this  province  afterwards, 
I  wrote  your  Excellency  in  wiiat  manner  the  Gentlemen  had  agreed  to 
have  the  said  Lands  Surveyed,  but  Capt  Rowan  being  then  Provision- 
ally appointed  Surveyor  General,  by  your  Excellency  untill  the  Lords 
of  the  Treasury  should  appoint  another  went  iiastily  upon  the  Survey 
without  any  notice  or  direction  from  any  Person  authorized  so  to  do,  and 
returned  plats  for  a  million  of  Acres  in  one  Tract  upon  Pedee  and  some 
other  rivers  not  far  distant  therefrom. 

That  I  am  credibly  informed  Capt  Rowan  was  to  pay  Samuel  Wood- 
ward Esq'  then  Collector,  at  Cape  Fear  a  moiety  of  what  he  was  to 
receive  by  his  said  Commission  of  Surveyor  General  and  that  he  and 
Cap'  Woodward  being  apprehensive  that  a  Surveyor  would  soon  be  ap- 
pointed from  home  prevailed  at  last  with  your  Excellency  to  deliver 
them  his  Majesty's  said  Order  of  Council  as  a  matter  properly  belong- 
ing to  them  and  to  be  in  their  Custody. 

ThatCaj)tain  Rowan  having  made  a  Survey  before  the  direction  above 
referred  to  I'ame  to  hand  and  also  by  entering  a  Caveat  has  to  the  great 
loss  and  damage  of  the  gentlemen  concerned,  prevented  the  Execution 
of  his  Majestys  said  order  of  Council. 

That  your  Memorialist  as  agent  from  Murray  Crymble  James  Huey 
and  their  Associates,  is  at  last  laid  under  an  indispensible  necessity  hum- 
bly to  insist  that  your  Excellency  will  be  pleased  to  allow,  and  direct 
that  his  Majesty's  said  Order  of  Council  shall  operate  in  the  manner  and 
upon  the  Terms  and  directions  therein  contained,  and  as  a  justification  of 
your  memorialist  that  you  will  allow  him  to  offer  such  evidence  as  may  be 


COLONIAL  RECORDS.  649 


necessary  to  support  the  alligations  set  forth  in  this  representation.  And 
that  your  Excellency  will  be  pleased  to  order  that  the  proceedings  in 
relation  to  this  affair  may  be  entered  at  large  by  the  Secretary  and  a 
Copy  of  them  delivered  to  me  under  the  Seal  of  this  province,  that  the 
Gentlemen  concerned  may  not  be  barred  from  taking  such  measures,  as 
may  be  necessary  to  support  their  claim  at  this  Juncture.  I  am 
Your  Excellencys  most  obedient  and  most  humble  Servant 

HENRY  M'CULLOH. 

Which  being  read  Mathew  Rowan  Esq'  mentioned  in  the  said  Repre- 
sentation prayed  tiiat  he  might  have  time  to  make  answer  thereto  which 
was  granted  him  till  the  next  meeting  of  the  Council. 


At  a  Council  held  at  Edenton  the  17*  November  1743.  Present  as 
before 

The  following  Persons  were  admitted  to  prove  their  rights  in  order  to 
their  taking  up  of  Land  Viz' 

White    Black  White    Black 

Thomas  Rawlings  Craven   2  W"  Boyd  Craven  1 

Joseph  Sassnot  D°       1  Rob'  Halton  N.  Hanover  20 

His  Excellency  was  pleased  with  the  consent  of  his  Majesty's  Council 
to  order  a  Proclamation  for  all  Persons  that  have  publick  monies  in  their 
hands,  or  any  ways  indebted  to  the  Publick  to  appear  and  lay  their 
Accounts  before  the  Committee  of  Publick  Accounts  next  February  at 
Bath 

His  Excellency  was  likewise  pleased  with  the  consent  of  his  Majestys 
Council,  to  order  a  Proclamation  for  all  his  Majesty's  Tenants  to  pay 
in  their  Quit  rents  due  from  tliem  to  his  Majesty,  into  the  hands  of  his 
Majestys  Receiver  General,  by  the  25""  of  March  at  the  usual  Places 
and  to  give  notice  that  they  will  be  distrained  upon  in  case  of  default 

Read  the  following  Petitions  for  Warrants  Viz' 

Henry  Sims  400  Edgcombe,  Thomas  Jermain  100  Craven,  Hector 
McAlister  200  Bladen,  Joseph  Sessnot  100  Craven,  Thos  Rawlings  100 
D°,  W"  Boyd  100  D",  Edmund  Murphy  300  D°,  Jno  Wilkins  200  Cho- 
wan, Timothy  Winslow  540  Perquimons,  Ephriam  Vernon  300  Bladen, 
Jno  Wilkins  200  Perquiuions,  Jno  Davis  400  Bladen,  Robt  Colley  200 
D°,  W"  Chambers  200  Craven,  Nich"  Bacon  300  D°,  Needham  Bryant 
50  D°,  Abr'  Odam  500  N.  Hanover,  James  Norris  300  Craven,  W" 
Mills  150  Onslow,  John  Smith  (Sen--)  200  Hyde,  Thos  Sasser  250  Cra- 
ven, Fran'  Stringer  400  Craven,  Hector  M°Alister  240  Bladen,  Tho' 
Devaughan  200  N.  Hanover,  John  Keteral  500  Bertie,  Dan'  Mash- 
Vol.  4—82 


(J  50  COLONIAL  RECORDS. 


burne  100  Onslow,  Needham  Bryant  100  Bertie,  Joseph  Edmouson  150 
Craven,  Jos.  Portevont  300  N.  Hanover,  Jas  Wright  300  Onslow,  Jno 
Cockrane  200  N.  Hanover,  Jno  Roberts  20C  Craven,  Ditto  100  D",  Le- 
vie  Fruhitt  300  D°,  Jas  IVfLeweane  200  D°,  Jno  Stanerland  150  D", 
Edward  Williams  300  D°.     Granted 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 
Sam'  Chadwick  175  Carteret,  D"  400  D°,  Peter  Dougher  400  Curri- 
tuck, John  Etheridge  300  D°,  Ditto  600  D",  Ditto  400  D°,  Thos  Tiney 
138  N.  Hanover,  Jno.  Hill  100  Craven,  D°  200  D°,  Sam'  Johnston  400 
Onslow,  Rich*  Lovet  66  Craven,  John  Campbell  300  Chowan,  James 
Copeland  550  D",  Rich*  Lovet  320  Craven,  Dan'  Mashburne  300  Ons- 
low, Roger  Moor  600  N.  Hanover,  Marmaduke  Norfleet  200  Edgcombe, 
Isaac  Ricks  150  D",  Henry  Roads  150  Onslow,  Math  Rowan  640  Bla- 
den, Caleb  Williams  100  Currituck     Granted 

At  a  Council  held  at  Edenton  18*  November  1743. 
Present  His  Excellency  the  Governour 
r  Nath  Rice  Roger  Moor      1 

rpi     TT       1]     J  Rob' Halton      W""  Forbes  '  Esq"  Members 

I  Math  Rowan     James  Murray    [      of  Council 
1^  Edw*  Moseley  "    J 

His  Excellency  having  commanded  the  attendance  of  the  lower  house 
of  Assembly  was  pleased  to  prorogue  the  Assembly  to  the  third  Tuesday 
of  February  next  then  to  meet  at  Bath. 

Upon  the  Secretary's  Application,  it  was  Ordered  that  such  Publick 
papers  as  he  thinks  may  be  wanted  at  Bath  wiien  tiie  Council  meets 
there  be  removed  to  that  place 

The  following  Persons  were  admitted  to  prove  their  Rigiits  Viz' 

White.     Black.  White.     Black. 

Samuel  Martin      C!raven      1  Mo.ses  Tilman     Craven     1 

Jno  Carraway  D°  2  Tho°  Robinson  Bladen       5  1 

Read  the  Petition  of  Richard  Lovit  complaining  of  several  undue 
Proceedings  in  the  Justices  of  Craven  County  with  respect  to  himself  in 
the  course  of  his  Practice  as  a  Lawyer 

Ordered  that  the  Justices  be  served  with  a  Copy  of  his  Petition  and 
that  they  be  summoned  to  appear  before  the  Council  at  Bath  next  Feb- 
ruary. 

His  Majesty's  Commissioners  for  setting  out  my  Lord  Carterets  part 
of  the  two  Provinces  having  made  their  Application  to  his  Excellency 
for  settling  their  ways  and  allowances  for  the  said  service  it  was  agreed 
and  Ordered  that  they  be  allowed  and  paid  the  Sum  of  £\  Sterling  "^ 
diem  and  reasonable  charges  for  .so  long  as  they  shall  be  upon  the  said 


COLONIAL  RECORDS.  Gol 


service.  And  that  accordingly  they  liave  a  claim  for  the  same  on  his 
Majesty's  Quitrents  piirsnant  to  his  Majestys  Instrnctions  [to]  his  Excel- 
lency in  reference  to  the  said  Division. 

It  was  also  agreed  and  allowed  that  the  Surveyors  upon  the  said 
Service  should  be  entitled  to  the  Sum  of  12'''  and  6*  ^  diem  to  be  paid  in 
like  manner  as  the  Commissioners  are  allowed  and  Ordered  to  be  paid  as 
aforesaid 

Read  the  following  petitions  for  Warrants  for  Land  Viz' 

Thomas  Davis  100  Bladen,  William  Harbert  700  Tyrrel,  Neale  Shaw 
200  Bladen,  Duncan  M"Coulsky  200  D°,  Tho'  Vince  200  Edgcombe, 
Tho'  Roberson  50  Bladen,  Thomas  Devanahan  320  N.  Hanover,  Rob' 
Haltoii  1000  Craven,  Sam'  Martin  100  D",  Juo  Carroway  200  D°,  Moses 
Til  man  100  D"     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

William  Roberts  300  Bladen,  Tho'  Fincii  60  Bertie,  Mary  M'Lewaine 
200  Craven,  Hugh  Stanley  150  D°,  Thomas  Howel  150  N  Hampton, 
James  Pitman  200  Edgcombe,  Thomas  Walker  320  Bladen,  Jno  Bryan 
93  Craven,  Ditto  200  D°,  John  Raney  200  Edgcombe,  Jno  Holton  100 
Bladen     Granted 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  28.] 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  Edenton  the  fifteenth  day  of  March 
in  the  year  of  our  Lord  One  Tiiousand  Seven  hundred  and  Forty  Two 
and  in  the  sixteenth  year  of  the  reign  of  our  Sovereign  Lord  George  the 
second  by  the  Grace  of  God  of  Great  Brittain  France  and  Ireland  King 
and  .so  forth  And  from  thence  continued  by  several  Prorogations  to  the 
Twentieth  day  of  July  at  Edenton  in  the  year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Forty  three  and  from  thence  further  continued' 
by  Prorogation  to  Thursday  the  Twenty  Second  Instant.  Being  the 
second  Sessions  of  this  present  Assembly. 

MEMBERS    PRESENT. 

M'  Speaker  M'  Scarbrough.  M'  Joseph  Anderson. 

M-^  Gardiner.  M'  Starkey.  M'  Barker. 

M'' Geo :  Powers  M' Burgess.  M"^  Hill. 

M"^  Barrers.  M'  Paris.  M"^  Hill. 


G52  COLONIAL  RECORDS. 


M'  John  Etheridge  M"'  Sawyer.  M'  Benbury. 

IVr  Sinclare.  M'  Craven.  M'  Taylor. 

M'  Christopher  Reed       M'  John  Hodgson.  M'  Smithwick 

M''  Smith.  M'  Casteliaw.  M"'  Pope. 

M'  Bryan. 

Pursuant  to  the  return  of  the  Writts  of  Election  M'  Robert  Turner  for 
Bath  Town  and  M"'  Caleb  Wilson  and  M'  Henry  White  appeared  took 
the  Oaths  by  Law  appointed  for  their  Qualification  subscribed  the  Test 
and  took  their  Seats  in  the  House. 

The  House  adjourned  till  to-Morrow  Morning. 

Fryday  the  Twenty  third  of  July  1743.  The  House  met  according 
to  adjournment 

M"'  Thomas  Robinson  one  of  the  Members  for  Bladen  County  appeared, 
took  the  Oaths  appointed  by  Law  for  their  Qualification  subscribed  the 
Test  and  took  his  seat  in  the  House. 

Read  the  Petition  of  Abraham  Doncan  complaining  of  the  undue 
Election  of  Members  for  Bath  Town  &  so  forth. 

M'  Turner  then  sitting  Member  moved  that  the  Meritts  of  the  said 
Petition  may  not  be  entered  into  till  M'  Payton  who  was  one  of  the 
inspectors  of  said  Election  and  a  Member  of  tins  House  shall  appear. 

M'  Barker  moved  that  the  Petition  be  heard  to-morrow,  M'  Hodgson 
objected  and  moved  it  be  heard  on  Monday,  on  which  the  question  was 
put  whether  it  be  heard  to-morrow  or  Monday  which  was  put  to  the 
Vote  and  resolved  it  be  heard  to-morrow 

M'  Casteliaw  moved  for  leave  to  bring  in  a  Bill  for  providing  his 
Majestic  a  rent  roll  and  so  forth. 

Ordered  to  have  leave  and  that  he  prepare  and  bring  in  the  same,  and 
that  M"'  Faris,  M''  Starkey,  M'  Smithwick  M"^  Scarbrough  M'  Casteliaw, 
M'  Caleb  Wilson,  M'  Sinclare  M'  Benbury,  M'  Robinson,  M'  Brice,  M' 
Taylor,  M''  Pope  M'  Sawyer  assist  herein. 

M'  Hodgson,  M'  Anderson  and  M"  Barker  were  appointed  to  prepare 
and  bring  in  a  Bill  for  regulating  the  proceedings  in  the  General  and 
County  Courts  of  this  Province  and  for  the  better  establishing  the  juris- 
diction of  the  County  Courts. 

M'  Barker  moved  that  the  Grand  Deed  of  Grant  for  Allbemarle 
County  is  in  the  hands  of  M'  William  Downing  that  it  be  sent  for  to 
this  House 

Resolved  the  same  be  sent  for. 

M'  Starkey  moved  that  M'  Hodgson  M'  Anderson  M'  Barker  and 
M'  Craven  prepare  a  fee  Bill 


COLONIAL  RECORDS.  653 


Ordered  they  prepare  the  same  and  that  M'  Starkey  be  added  to  tlie 
rest 

The  House  adjourned  till  To-morrow  8  "dock. 

His  Excellency  was  pleased  to  prorogue  this  Assembly  till  Monday 
next. 

Monday  the  26"'  July  1 743.     The  House  met  according  to  prorogation. 

M'  William  Wilson  and  M'  Thomas  Brown  appeared,  M''  Benjamin 
Payton  appeared,  M'"  W'illiam  Kennedy  appeared,  M''  Thomas  Pindil- 
ton  appeared,  M''  Stephen  Lee  appeared. 

Read  the  Petition  of  Abraham  Doncan  complaining  of  an  undue 
Election  for  a  Member  for  Bath  Town. 

M'  Craven  moved  that  the  hearing  of  the  Petition  be  referred  till 
afternoon  which  was  objected  too,  by  M'  Faris  who  moved  that  it  be 
heard  immediately.  On  which  the  Question  was  put  whether  it  be  heard 
immediately  or  not,  and  was  carried  in  the  Affirmative. 

M'  Sinclare  moved  that  the  House  resolve  into  a  Committee  of  the 
whole  House. 

Resolved  That  the  House  resolve  into  a  Committee  of  the  whole 
House. 

The  House  resolved  into  a  Committee  of  the  whole  House  to  debate 
on  the  subject  matters  of  the  said  Petition  and  chose  M'  Faris  Chairman. 

The  Petition  was  read  after  witnesses  Examined  and  the  Members 
fully  debated. 

M'  Speaker  resumed  the  Chair. 

M'  Chairman  reported  that  the  matters  contained  in  the  Petition  were 
fully  argued  in  the  Committee  and  the  Committee  had  resolved  that  the 
Sheriff  of  Beaufort  County  had  not  administered  the  Legal  Oath  to  the 
Voters  for  a  member  for  Bath  Town  and  the  Election  of  such  members 
is  Void  and  that  it  appearing  that  the  Sheriff  had  only  misconstrued  the 
Law  so  was  not  guilty  of  any  partiality. 

Resolved  That  the  Sheriff  of  Beaufort  County  did  not  administer  a 
Legal  Oath  to  the  Voters  for  Electing  a  Member  for  Bath  Town  and  the 
said  Election  of  a  Member  for  Bath  Town  aforesaid  is  Void  &  also  that 
the  Sheriff  of  Beaufort  County  was  not  guilty  of  any  partiality  in  exe- 
cuting the  writt  of  Election  for  a  Member  for  Bath  Town  aforesaid. 

Resolved  That  his  Excellency  the  Governour  be  addressed  to  direct 
the  Clerk  of  the  Crown  to  issue  a  W^ritt  for  electing  a  Member  for  Bath 
Town  the  former  Writt  not  being  duly  executed. 

The  House  adjourned  till  4  "clock. 

P:  M:     The  House  met  according  to  adjournment. 


654  COLONIAL  RECORDS. 


Sent  the  following  message  to  his  Excellency  the  Governour. 

Hay  it  please  your  Excellency. 

This  House  having  declared  the  last  Election  of  a  Member  for  Bath 
Town  Void  humbly  address  your  Excellency  would  be  pleased  to  direct 
the  Clerk  of  the  Crown  to  issue  a  Writt  for  electing  a  Member  for  Bath 
Town  to  sitt  in  this  present  General  Assembly. 

By  Order  of  the  House  SAM:  SWANN.  Speaker. 

Read  the  Petition  of  Joseph  Morgan  &  Edw''  SmalJage  praying  to  be 
cleared  from  publick  Taxes.     Granted. 
Tlie  House  adjourned  till  7  "Clock. 

The  House  met  according  to  adjournment. 

M'  Smithwiek  produced  to  this  House  the  Grand  Deed  of  Grant  from 
the  Lords  Proprietors  to  the  County  of  Albemarle. 

Resolved  The  Clerk  enter  the  same  on  the  Journals  of  this  House, 
And  afterwards  deliver  the  same  to  Cullen  Pollock  Esq'  to  have  the 
keeping  thereof. 

M'  Castellaw  moved  that  William  M°Gill  of  Edgecomb  County  be 
exempt  from  publick  services  and  Taxes     Granted. 

The  House  adjourned  till  9  "Clock  to-morrow 

Tuesday  the  27*  of  July  1743.  The  House  met  according  to  ad- 
journment 

M"'  Speaker  acquainted  this  House  that  as  some  of  the  Gentlemen  of 
his  Majesties  Council  who  live  to  the  Southward  are  not  come  and  with- 
out whom  there  is  not  Members  enough  to  make  the  other  House  so 
that  there  can  be  no  possibility  of  doing  business  therefore  it  is  resolved 
that  the  following  message  be  sent  to  his  Excellency  the  Governour  (To 
wit) 

May  it  please  your  Excellency 

We  find  that  the  reason  of  the  several  prorogations  of  the  Assembly 
within  this  week  has  been  occasioned  for  want  of  Members  of  his  Maj- 
esties Council  to  make  another  House  and  without  which  this  House 
cannot  proceed  to  do  business  and  as  the  Members  of  Council  that  are 
wanting  live  to  the  Southward  and  no  probability  of  their  coming 

Therefore  Humbly  desire  your  Excellency  will  be  pleased  to  prorogue 
this  Assembly  to  such  further  day  as  your  Excellency  shall  see  proper 

His  Excellency  acquainted  this  House  that  he  would  send  for  them  in 
a  short  time  in  tlie  Council  Chamber 


COLONIAL  RECORDS.  655 


His  Excellency  the  Governour  commanded  the  immediate  attendance 
of  this  House  in  the  Council  Chamber 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  When  liis  Excellency  was  pleased  to  prorogue  this 
Assembly  to  the  second  Tuesday  in  November  next  at  Edenton. 

M'  Speaker  with  the  House  returned  and  pronounced  the  prorogation 

accordingly. 

WILL-"  HERRITAGE  C'^^  Gen"  Assembly. 


1744. 

[Reprinted  prom  Revised  Statutes  of  North  Carolina,  Vol.  II,  Page  15.] 

GRANT  FROM   KING  GEORGE   THE  SECOND,  TO  JOHN 

LORD  CARTERET,  AFTERWARDS  EARL 

GRANVILLE. 

This  Indenture  made  the  seventeenth  day  of  September,  in  the  eigh- 
teenth year  of  the  reign  of  our  sovereign  lord  George  the  Second,  by  the 
grace  of  God,  of  Great  Britain,  France  and  Ireland,  King,  Defender  of 
the  Faith,  &c.,  and  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fortyfour,  between  our  said  sovereign  lord  the  King's  most  excellent 
Majesty  of  the  one  part,  and  the  Right  Honorable  John  Lord  Carteret 
of  the  other  part. 

[For  the  recitals  in  this  grant,  see  Act  of  Parliament  for  establishing 
an  agreement  with  seven  of  the  Lords  Proprietors  of  Carolina,  &c. 
Vol.  3,  page  32.] 

And  whereas,  by  indenture  tripartite  bearing  date  the  twenty-fifth  day 
of  July,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  twen- 
ty-nine, and  made  or  mentioned  to  be  made  between  our  said  sovereign 
lord  the  King,  of  the  first  part,  and  the  said  Edward  Bertie,  Samuel 
Horsey,  Henry  Smith  and  Alexius  Clayton,  by  the  names  and  additions 
of  Edward  Bertie,  of  Gray's  Inn,  in  the  county  of  Middlesex,  Esquire, 
Samuel  Horsey,  of  Mortlake,  in  the  county  of  Surry,  Esquire,  Henry 
Smith,  of  Caversham,  in  the  county  of  Oxon,  Esquire,  Alexius  Clayton, 
of  the  Middle  Temple,  London,  Esquire,  of  the  second  part,  and  the 
most  noble  Henrv  Duke  of  Beaufort,  the  honorable  James  Bertie,  of  the 
parish  of  Saint  John  the  Evangelist,  in  the  Liberty  of  Westminster,  in 


656  COLONIAL  RECORDS. 


the  county  of  Middlesex,  Esquire,  the  honorable  Doddington  Greville, 
of  Bulford,  in  the  county  of  Wilts,  Esquire,  the  said  Doddington  Gre- 
ville and  James  Bertie  being  the  surviving  devisees  named  in  the  last 
will  of  the  most  noble  Henry  Duke  of  Beaufort,  deceased,  in  trust  for 
the  said  Henry,  now  Duke  of  Beaufort,  and  for  the  right  honorable 
Charles  Noel  Somerset,  Esquire,  commonly  called  Lord  diaries  Noel 
Somerset  his  brother,  an  infant,  the  right  honorable  William  Lord  Cra- 
ven, Joseph  Blake,  of  the  province  of  South  Carolina,  in  America,  Es- 
quire, Archibald  Hutcheson,  of  the  Midd'le  Temple,  London,  Esquire, 
John  Cotton,  of  the  Middle  Temple,  London,  Esquire,  Sir  John  Colle- 
ton, of  Exmouth,  in  the  county  of  Dover,  Baronet,  the  honorable  Henry 
Bertie,  of  Dorton,  in  the  county  of  Bucks,  Esquire,  Mary  Dawson,  of 
the  parish  of  Saint  Andrew,  Holborn,  in  the  county  of  Middlesex, 
widow,  and  Elizabeth  Moor,  of  London,  widow,  of  the  third  part,  recit- 
ing as  therein  is  recited. 

It  is  .witnessed  that  they  the  said  Edward  Bertie,  Samuel  Horsey, 
Henry  Smith  and  Alexius  Clayton,  for  the  consideration  therein,  pur- 
suant to  the  directions  in  the  said  recited  act  of  parliament,  and  the  trust 
thereby  in  them  reposed,  did  bargain,  sell  aud  surrender,  and  the  said 
Henry  Duke  of  Beaufort,  William  Lord  Craven,  .James  Bertie,  Dod- 
dington Greville,  Henry  Bertie,  Mary  Dawson,  Elizabeth  Moor,  Sir 
John  Colleton  party  thereto,  Archibald  Hutcheson,  John  Cotton,  and 
Joseph  Blake,  did  ratify  and  confirm  unto  his  Majesty,  his  heirs  and 
successors,  the  said  seven  undivided  eighth  parts  (the  whole  into  eight 
equal  parts  to  be  divided)  and  all  other  the  part  or  share,  parts  or  shares, 
interests  and  estates  in  and  by  the  recited  act  of  parliament  vested  in 
them  the  said  Edward  Bertie,  Samuel  Horsey,  Henry  Smith  and  Alexius 
Clayton,  (except  as  in  the  said  act  is  excepted)  of  and  in  the  aforesaid 
provinces  or  terdtories  called  Carolina,  and  of  and  in  all  and  singular 
the  royalties,  franchises,  lands,  tenements,  hereditaments  and  premises,  in 
and  by  the  said  several  recited  letters  patent  or  either  of  them  granted 
or  mentioned  to  be  granted,  with  their  and  every  of  their  rights,  mem- 
bers and  appurtenances,  and  all  the  estate,  right,  title,  interest,  trust, 
property,  claim  and  demand  whatsoever,  of  them  the  said  Edward  Ber- 
tie, Samuel  Horsey,  Henry  Smith  and  Alexius  Clayton,  and  of  the  said 
Henry  Duke  of  Beaufort,  James  Bertie,  Doddington  Greville,  William 
Lord  Craven,  Henry  Bertie,  Mary  Dawson,  Elizabeth  Moor,  Sir  John 
Colleton  party  thereto,  Archibald  Hutcheson,  John  Cotton  and  Joseph 
Blake,  every  or  any  of  them,  of,  in,  and  to  the  same.  To  hold  the  seven 
undivided  eighth  parts  (the  whole  into  eight  equal  parts  to  be  divided) 
and  all  other  the  premises  thereby  bargained,  sold  and  surrendered,  with 


COLONIAL  RECORDS.  fi57 


their  and  every  of  their  ajipurtenances  (except  as  therein  before  excepted) 
unto  the  iving's  most  excellent  majesty,  his  heirs  and  successors. 

And  it  is  by  the  said  indenture  further  witnessed,  That  for  the  further 
consideration  therein  mentioned,  they  the  said  Edward  Bertie,  Samuel 
Horsey,  Henry  Smith  and  Alexius  Clayton,  in  pursuance  of  the  trust  in 
them  reposed,  in  and  by  the  said  recited  act  of  parliament,  did  grant, 
bargain,  sell,  assign,  transfer  and  set  over;  and  the  said  Henry  Duke  of 
Beaufort,  William  Lord  Craven,  James  Bertie,  Doddington  Greville, 
Henry  Bertie,  Mary  Dawson,  Elizabeth  Moor,  Sir  John  Colleton  party 
thereto,  Archibald  Hutcheson,  John  Cotton  and  Joseph  Blake,  did  ratify 
and  confirm  unto  his  said  majesty,  his  heirs  and  successors,  the  said  seven 
eighth  parts  (the  whole  into  eight  equal  parts  to  be  divided)  of  all  and 
every  the  arrears  of  the  quit  rents,  sum  and  sums  of  money,  debts,  duties  ■ 
and  demands  whatsoever,  which  at  the  time  of  making  the  said  act  of 
parliament  were  due  and  owing  to  the  said  Henry  Duke  of  Beaufort,  or 
to  the  said  James  Bertie,  and  Doddington  Greville,  and  to  the  said  John 
Lord  Carteret,  William  Lord  Craven,  James  Bertie,  Henry  Bertie,  Mary 
Dawson,  Elizabeth  Moor,  Sir  John  Colleton  party  thereto,  Archibald 
Hutcheson,  John  Cotton  and  Joseph  Blake,  and  all  the  arrears,  shares, 
sums  of  money  and  premises,  in  and  by  the  said  recited  act  vested  or 
intended  to  be  vested  in  them  the  said  Edward  Bertie,  Samuel  Horsey, 
Henry  Smith  and  Alexius  Clayton,  intrust  for  the  purposes  aforesaid  ; 
and  all  the  right,  title,  interest,  trust,  claim  and  demand  whatsoever  of 
them  the  said  Edward  Bertie,  Samuel  Horsey,  Henry  Smith  and  Alexius 
Clayton,  and  of  them  the  said  Henry  Duke  of  Beaufort,  James  Bertie, 
Doddington  Greville,  William  Lord  Craven,  Henry  Bertie,  Mary  Daw- 
son, Elizabeth  Moor,  Sir  John  Colleton  party  thereto,  Archibald  Hutch- 
eson, John  Cotton  and  Joseph  Blake,  every  or  any  of  them,  of,  in,  and 
to  the  same.  To  hold,  receive  and  enjoy  the  said  arrears,  sums  of  money 
and  premises  thei-ein  last  before  granted,  bargained  and  sold  and  assigned 
unto  his  said  majesty,  his  heirs  and  successors,  to  and  for  his  and  their 
own  use  and  benefit  as  in  and  by  the  said  recited  indenture,  relation  there- 
unto being  had,  may  more  fully  appear. 

And  whereas  the  said  John  Lord  Carteret,  by  his  humble  petition,  to 
his  maje-sty  in  council,  reciting  the  said  several  letters  patent  and  act  of 
parliament  herein  before  recited,  and  that  he  is  still  entitled  to  one  full 
undivided  eighth  part  of  the  said  province,  and  of  all  the  premises 
granted  by  the  said  several  letters  patent,  and  also  of  the  arrear  of  quit 
rents,  and  other  duties,  reckonings,  claims  and  demands,  hath  humbly 
prayed  his  majesty  that  his  said  eighth  part  of  the  soil  of  the  said  prov- 
inces and  territories,  might  be  set  out  and  allotted  to  him  in  such  part  of 
Vol.  A—sr^ 


658  COLONIAL  RECORDS. 


the  said  provinces  and  territories  as  should  be  agreed  on  between  such 
persons  as  his  majesty  shall  be  pleased  to  appoint  for  his  majesty,  and 
such  persons  as  the  said  John  Lord  Carteret  should  name  on  his  part. 
To  have,  hold  and  enjoy  the  same  forever  hereafter  in  severalty  to  the 
said  John  Lord  Carteret,  his  heirs  and  assigns,  together  with  all  and  every 
the  same  royalties,  powers,  liberties,  franchises  and  privileges,  (the  govern- 
ment thereof  and  of  tiie  said  province  of  Carolina  only  excepted)  as  far 
as  concerns  such  eighth  part  to  be  so  allotted  to  the  said  John  Lord  Car- 
teret as  he  is  entitled  to  under  the  said  letters  patent  and  act  of  parlia- 
ment, in  case  such  division  or  allotment  was  not  or  should  not  be  made, 
and  under  the  like  quit  rents  proportionably,  as  is  mentioned  in  the  said 
letters  patent  according  to  the  proportion  or  eighth  part  thereof;  and 
thereupon  the  said  J(3iin  Lord  Carteret  humbly  offered  and  proposed  to 
surrender  to  his  majesty,  his  heirs  and  successors,  his  share  and  interest 
of  and  in  the  government  of  the  said  provinces  or  territories,  and  to  con- 
vey, release  and  confirm  to  his  majesty,  his  heirs  and  successors,  the  other 
seven  parts  of  the  said  provinces. 

And  whereas  his  present  majesty  was  pleased  to  refer  the  said  petition 
to  the  right  honorable  the  lords  of  the  committee  of  his  majesty's  most 
honorable  privy  council,  for  them  to  consider  thereof,  and  report  the 
same,  with  their  opinion  thereupon,  to  his  majesty  in  council,  and  which 
said  petition  the  said  lords  of  the  committee  of  his  majesty's  most  hon- 
orable privy  council,  did  refer  to  the  right  honorable  the  lords  commis- 
sioners for  trade  and  plantations  for  them  to  examine  the  same  and  con- 
sider thereof  and  report  the  same  with  their  opinion  thereupon  to  their 
lordships.  And  whereas  the  lords  commissioners  for  trade  and  planta- 
tions having  examined  the  said  petition,  and  considered  thereof,  did,  by 
their  report  to  the  said  lords  of  the  committee  of  his  majesty's  most  hon- 
orable privy  council,  offer  as  their  opinion,  that  it  would  be  for  his  maj- 
esty's service  that  the  said  Lord  Carteret's  property  should  be  separated 
from  that  of  his  majesty,  wherein  the  said  Lord  Cai-teret  should  enjoy 
whatsoever  he  was  entitled  to  by  the  charters  of  Carolina,  and  the  afore- 
said act  of  parliament ;  and  for  the  better  preventing  any  difficulties  that 
might  attend  the  setting  out  an  eighth  part  of  the  soil  of  the  said  prov- 
ince, the  said  lords  commissioners  conceive  the  method  proposed  by  the 
said  Lord  Carteret  would  be  most  effectual,  which  said  report  the  said 
lords  of  the  committee  of  his  majesty's  most  honorable  privy  council 
having  taken  into  their  consideration,  did  agree  in  opinion  with  the  said 
lords  commissioners  for  trade  and  plantations.  And  whereas  the  said 
right  iionorable  the  lords  of  the  committee  of  his  majesty's  most  honora- 
ble privy  council  did  on  the  twentyfourth  of  August,  one  thousand  seven 


COLONIAL  RECORDS.  659 


liiuulretl  and  fortytvvo,  maketlieir  report  thereupon  to  his  majesty,  reciting 
as  herein  last  before  is  recited  ;  and  that  the  said  Lord  CJarteret's  prop- 
erty should  be  separated  from  that  of  his  majesty,  and  for  that  end  the 
said  committee  humbly  propose  that  the  respective  governors  of  South 
and  North  Carolina,  or  either  of  them,  as  his  majesty  should  be  pleased 
to  direct,  be  ordered  to  nominate  and  appoint  projjcr  })ersons  as  commis- 
sioners on  his  majesty's  behalf,  not  exceeding  five,  who  in  conjunction 
with  a  like  number  of  persons  to  be  appointed  by  the  said  Lord  Car- 
teret as  comraissioners  on  his  behalf,  should  be  empowered  to  set  out  and 
allot  to  the  said  Lord  Carteret  one  full  eighth  part  of  the  said  provinces 
of  Carolina,  in  such  ])art  or  parts  of  the  said  provinces  and  territories  as 
should  be  agreed  on  b)' the  .said  commissioners  so  to  be  appointed  as 
aforesaid  ;  and  that  they  should  be  required  to  make  a  return  of  their 
proceedings  therein  to  his  majesty  in  council,  within  eighteen  months 
after  the  date  of  his  majesty's  order  to  be  made  upon  the  said  report,  and 
also  to  lay  before  his  majesty  a  plan  containing  a  full  and  exact  descrip- 
tion of  the  said  lands,  together  with  the  respective  boundaries  thereof,  in 
order  to  his  majesty's  signifying  his  royal  pleasure  (in  case  his  majesty 
should  approve  thereof)  for  conveying  the  same  to  the  said  L(jrd  Carteret 
in  such  manner  as  should  be  advised  by  his  majesty's  counsel  learned  in 
the  law,  provided  the  said  Lord  Carteret  should  at  the  same  time  make 
a  surrender  to  his  majesty  of  all  his  pretensions  to  the  government  of 
the  said  provinces  of  Carolina,  and  should  convey,  release,  and  confirm 
to  his  majesty,  his  heirs  and  successors  the  other  seven  parts  of  the  said 
provinces:  and  for  the  better  guidance  of  the  commissioners  so  to  be  ap- 
pointed on  his  majesty's  behalf  in  the  discharge  of  their  duty  therein, 
the  said  committee  conceived,  that  it  might  be  advisable  for  his  majesty 
by  his  order  in  council,  to  require  the  said  commissioners  to  follow  and 
observe  such  directions  and  instructions  as  might  be  found  necessary  to 
be  given  from  time  to  time,  either  by  his  majesty,  or  by  those  who  act 
under  his  majesty's  royal  authority ;  and  which  said  report  his  majesty 
in  council  was  pleased  to  approve  of. 

And  whereas  his  said  majesty,  by  his  order  in  council,  bearing  date 
the  fifteenth  day  of  September,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  fortytwo,  reciting  as  herein  last  above  is  recited,  and 
that  his  majesty  in  council  was  that  day  pleased  to  take  the  said  petition 
into  his  royal  consideration,  together  with  the  opinion  of  a  committee  of 
his  privy  council,  and  of  the  lords  commissioners  for  trade  and  planta- 
tions thereupon,  and  was  thereby  pleased  to  order  that  the  respective 
governors  of  the  provinces  of  S.  and  N.  Carolina,  or  either  of  them,  as 
his  majesty  should  thereafter  be  pleased  to  direct,  should  nominate  and 


660  COLONIAL  RECORDS. 


appoint  proper  persons  to  be  commissioners  on  his  majesty's  behalf,  not 
exceeding  five,  who  in  conjunction  with  a  like  number  of  persons  to  be 
appointed  by  the  said  Lord  Carteret  as  commissioners  on  his  behalf,  were 
thereby  empowered  to  set  out  and  allot  to  the  said  Lord  Carteret  one  full 
eighth  part  of  the  said  provinces  of  Carolina,  in  such  part  or  parts  of 
the  said  provinces  and  territories  as  should  be  agreed  upon  by  the  com- 
missioners so  to  be  appointed  as  aforesaid ;  and  that  the  said  commis- 
sioners should  make  a  return  of  their  proceedings  herein  to  his  majesty 
in  council,  within  eighteen  months  from  the  date  of  the  said  order,  and 
that  they  should  at  the  same  time  transmit  to  his  majesty  a  plan  con- 
taining a  full  and  exact  description  of  the  said  lands,  together  with  the 
respective  boundaries  thereof,  in  order  to  his  majesty  signifying  his  royal 
pleasure,  (in  case  his  majesty  should  approve  thereof)  for  conveying  the 
same  to  the  said  Lord  Carteret  in  such  manner  as  shall  be  advised  by  his 
majesty's  counsel  learned  in  the  law,  provided  that  the  said  Lord  Car- 
teret should  at  the  same  time  make  a  surrender  to  his  majesty  of  all  his 
pretensions  to  the  government  of  the  said  provinces  of  Carolina,  and 
should  convey,  release  and  confirm  to  his  majesty,  his  heirs  and  succes- 
sors, the  other  seven  parts  of  the  said  provinces  as  by  the  said  petition 
and  order,  relation  thereunto  likewise  being  had,  may  more  fully  appear. 
And  whereas,  commissioners  were  accordingly  appointed  on  behalf  of 
his  majesty,  and  of  the  said  John  Lord  Carteret,  to  set  out  and  allot  to 
the  said  John  Lord  Carteret  one  full  eighth  part  of  the  said  provinces  of 
Carolina,  who  by  their  humble  report  to  his  majesty  in  council  bearing 
date  the  sixth  day  of  December,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  fortythree,  did  certify  that  in  pursuance  of  his  maj- 
esty's said  order  in  council,  dated  the  fifteenth  day  of  September,  one 
thousand  seven  hundred  and  forty  two,  and  of  his  majesty's  royal  instruc- 
tions thereupon,  given  the  twentyfifth  day  of  April,  one  thousand  seven 
hundred  and  fortythree,  they  did  immediately  proceed  to  set  out  and 
allot  to  the  said  John  Lord  Carteret  one  full  eighth  part  of  the  prov- 
inces of  Carolina,  in  one  entire  separate  district,  in  the  province  of  North 
Carolina,  next  adjoining  and  contiguous  to  the  province  of  Virginia, 
which  eighth  part  is  bounded  to  the  north  by  the  line  that  divides  Caro- 
lina from  Virginia,  to  the  east,  by  the  great  western  ocean,  commonly 
so  called,  and  as  far  southwardly  as  a  cedar  stake  set  upon  the  sea  side, 
in  the  latitude  of  thirtyfive  degrees  and  thirtyfour  minutes  at  north  lati- 
tude, being  six  miles  and  a  half  to  the  southward  of  Chickmacomack 
inlet,  from  that  stake  by  a  west  line  which  passed  twentyfive  feet  to  the 
soutliward  of  the  house  wherein  Thomas  Wallis  liveth,  and  so  west  as 
far  as  the  bounds  of  the  cliarter  granted  to  the  lords  pro])rietors  of  Caro- 


COLONIAL  RECORDS.  661 


lina  by  his  majesty  King  Charles  the  Second,  whicli  west  line  went  one 
thousand  six  hundred  and  sixty  poles  to  the  north  of  the  south  end  of 
Bath-Town,  and  the  said  commissioners  did,  pursuant  to  the  said  order 
in  council,  transmit  to  his  majesty  a  plan  containing  a  full  and  exact  de- 
scription of  the  said  one  eighth  part  of  the  said  provinces  or  territories, 
so  set  out  and  allotted  to  the  said  John  Lord  Carteret,  annexed  to  their 
said  report,  and  all  which  boundaries  are  marked  out  and  ascertained  by 
the  said  plan,  a  true  and  exact  copy  whereof  is  stampt  on  the  fifth  skin 
of  tiiese  presents  ;  which  said  return  of  the  said  commissions  his  majesty 
was  pleased  by  his  order  in  council,  bearing  date  the  twentyfirst  of 
March  last,  to  refer  to  the  said  lords  of  the  committee  of  his  most  hon- 
orable privy  council,  for  them  to  consider  thereof,  and  report  their  opin- 
ion tliereupon  to  his  majesty  in  council ;  and  wliereas  the  said  right 
honorable  the  lords  of  the  committee  of  his  majesty's  most  honorable 
privy  council  for  plantation  affairs,  did  upon  consideration  thereof,  by 
their  report  to  his  majesty  in  council,  bearing  date  the  ninth  day  of  May 
last,  reciting  such  orders,  reports,  and  proceedings  upon  the  said  petition 
of  the  Lord  Carteret  as  are  herein  before  recited,  agree  humbly  to  report 
as  their  opinion,  that  his  majesty  might  be  pleased  to  approve  of  the 
said  return  and  plan  of  the  allotment  thereby  made  to  the  said  Lord 
Carteret,  for  his  one  eighth  part  of  both  the  provinces  of  Carolina,  and 
that  thereupon  it  might  be  advisable  for  his  majesty  to  order  his  attor- 
ney and  solicitor  general  to  prepare  the  necessary  instruments  or  deeds, 
conformable  to  what  is  contained  in  the  afore  mentioned  reports  of  the 
fifteenth  of  September,  one  thousand  seven  hundred  and  fortytwo,  for 
conveying,  releasing  and  confirming  ths  said  lands  to  the  said  Lord  Car- 
teret and  his  heirs,  and  likewise  for  the  said  Lord  Carteret's  surrender- 
ing up  to  his  majesty  all  his  pretensions  to  the  government  of  the  said 
provinces  of  Carolina,  and  for  conveying,  releasing,  and  confirming  to 
his  majesty,  his  heirs  and  successors,  the  other  seven  parts  of  the  said 
provinces.  And  whereas  on  the  said  ninth  of  May  last,  his  majesty  in 
council,  took  the  said  report  last  above  mentioned  into  consideration, 
and  was  pleased  with  the  advice  of  his  privy  council  to  appi'ove  thereof, 
and  also,  of  the  return  and  plan  thereto  affixed,  and  of  the  allotment  of 
land  thereby  made  to  the  said  Lord  Carteret  for  his  one  eighth  part  of 
the  province  of  Carolina,  and  his  majesty  did  thereby  order  that  Mr 
Attorney  and  Mr  Solicitor  General  do  prepare  such  instruments  or  deeds 
as  are  proposed  by  the  said  report,  as  by  the  said  orders  and  reports,  re- 
lation being  thereunto  respectively  had  may  more  fully  appear. 

Now  this  indenture  witnesseth,  that  for  and  in  consideration  of  the  said 
John  Tjord  Carteret  surrendering,  releasiuir  and  confirmiuy-  unto  his  said 


662  COLONIAL  RECORDS. 


majesty,  all  his  estate,  right,  title  and  interest  of,  in  and  to  the  govern- 
ment of  the  said  provinces  of  Carolina,  and  of,  in  and  to  the  said  seven 
eighth  parts  divided  from  the  said  one  eighth  part  so  allotted  to  the  said 
John  Lord  Carteret  as  aforesaid,  of  and  in  the  aforesaid  provinces  or  ter- 
ritories called  Carolina,  and  also  for  and  in  consideration  of  the  said  John 
Lord  Carteret's  granting  and  assigning  unto  his  said  present  majesty  all 
and  every  the  arrears  of  quit  rents  and  other  sum  or  sums  of  money, 
debts,  duties,  accounts,  reckonings,  claims  and  demands  whatsoever, 
which  are  now  due  and  owing  to  his  present  majesty  and  to  the  said  I^onl 
Carteret  from  the  farmers,  tenants  or  inliabitants  of  the  said  seven  eighth 
parts  of  the  said  provinces  or  territories,  for  the  respective  lands  and 
tenements  which  are  situate  within,  and  part  of  the  seventh  eightii  parts 
of  the  said  provinces  or  territories  as  aforesaid,  his  said  present  majesty, 
of  his  especial  grace,  certain  knowledge  and  mere  motion,  hath  been  gra- 
ciously pleased  to  give  and  grant,  ratify,  release  and  confirm,  and  by  these 
presents  for  himself,  his  heirs  and  successors,  doth  give  and  grant,  release, 
ratify  and  confirm  unto  the  said  John  Lord  Carteret,  his  heirs  and  assigns 
forever,  all  that  the  said  one  eighth  part  of  the  said  provinces  and  terri- 
tories as  the  same  is  separated,  set  out  and  allotted  to  the  said  John  Lord 
Carteret,  by  the  said  commissioners  as  aforesaid ;  and  the  reversion  and 
reversions,  remainder  and  remainders,  yearly  and  other  rents,  issues  and 
profits  of,  in  and  to,  and  out  of  the  said  one  eighth  part  of  the  said  prov- 
inces and  territories  and  every  part  and  parcel  thereof,  and  also  all  the 
estate,  right,  title,  interest,  trust,  property,  right  of  action,  right  of  entry, 
claim  and  demand  wiiatsoever  of  his  said  present  majesty  of,  in  and  to 
the  same,  every  or  any  part  or  parcel  thereof,  together  with  all  and  sin- 
gular the  like,  and  as  ample  rights,  privileges,  royalties,  liberties,  immu- 
nities and  franchises,  of  what  kind  soever,  within  the  said  one  eighth  part 
of  the  said  provinces  or  territories  so  divided,  set  out,  and  allotted  to  the 
said  John  Lord  Carteret  as  aforesaid,  in  as  ample  manner  and  form  as  the 
said  John  Loi'd  Carteret,  together  with  the  said  Henry  Duke  of  Beaufort, 
William  Lord  Craven,  James  Bertie,  Doddington  Greville,  Henry  Bertie, 
Mary  Dawson,  Elizaljeth  Moor,  Sir  John  Colleton,  Archibald  Hutcheson, 
John  Cotton  and  Joseph  Blake,  any  or  either  of  them  could  have  held, 
used  or  enjoyed  the  same  by  virtue  of  the  said  recited  letters  patent,  or 
either  of  them,  in  case  the  said  act  of  parliament  and  conveyances  herein 
before  recited  had  not  been  made,  except  nevertheless,  out  of  this  grant, 
the  said  powers  of  making  laws,  calling  or  liolding  of  assemblies,  erect- 
ing courts  of  justice,  appointing  judges  or  justices,  pardoning  criminals, 
creating  or  granting  titles  of  honor,  making  ports  or  havens,  taking  cus- 
toms or  duties  on  goods  laden  or  unladen,  making  and  erecting  counties, 


COLONIAI.  RECORDS.  663 


forts,  castles  and  cities,  or  furnishing  them  with  habiliments  of  war,  in- 
corporatino;  cities,  boroughs,  towns,  villages  or  any  other  place  or  places, 
raising,  employing  or  directing  the  militia,  making  war  or  executing 
martial  law,  exercising  any  of  the  royal  rights  of  a  country  palatine, 
and  of  doing,  using  or  exercising  any  other  the  prerogatives,  pre-emi- 
nences, rights,  jurisdictions  and  authorities  of,  belonging  or  relating  to, 
the  administration  of  the  government  of  the  said  one  eighth  part  of  the 
said  provinces.  To  have  and  to  hold  the  said  one  eighth  part  of  the 
said  provinces  and  territories  so  divided,  set  out,  and  allotted  to  the  said 
John  Lord  Carteret  as  aforesaid ;  and  all  other  the  royalties,  franchises, 
powers,  privileges,  lands,  tenements,  hereditaments  and  premises  hereby 
given,  granted,  released  and  confirmed,  or  intended  so  to  be,  with  their 
and  every  of  their  appurtenances  (except  as  before  excepted)  unto  the  said 
John  Lord  Carteret,  his  heirs  and  assigns,  to  the  use  and  behoof  of  the 
said  John  Lord  Carteret,  his  heirs  and  assigns  forever;  yielding  and  pay- 
ing to  his  said  majesty,  his  heirs  and  successors  the  annual  rent  of  one 
pound  thirteen  shillings  and  four  pence,  payable  at  the  feast  of  All  Saints 
forever:  And  also  one  fourth  part  of  all  gold  and  silver  ore,  that  shall 
be  found  within  the  said  one  eighth  part  of  the  said  premises  so  sepa- 
rated as  aforesaid. 

And  this  indenture  further  witnesseth,  that  as  well  for  the  considera- 
tion aforesaid  as  for  divers  other  good  considerations  thereunto  especially 
moving,  his  said  present  majesty  hatli  given,  granted  and  assigned,  and 
by  these  presents  doth,  for  himself,  his  heirs  and  successors,  give,  grant 
and  assign  unto  the  said  John  Lord  Carteret,  his  executors,  administra- 
tors and  assigns,  all  the  arrears  of  quit  rent,  sum  and  sums  of  money, 
debts,  duties,  accounts,  reckonings,  claims  and  demands  whatsoever,  now 
due  and  owing  to  his  said  present  majesty,  and  the  said  John  Lord  Car- 
teret, or  either  of  them,  for  or  from  the  said  one  eighth  part  of  the  said 
provinces  and  territories  so  divided,  set  out,  and  allotted  to  the  said  John 
Lord  Carteret  as  aforesaid;  and  all  the  right,  title,  interest,  trust,  prop- 
erty, benefit,  advantage,  claim  and  demand  whatsoever,  of  his  said 
present  majesty,  of,  in,  and  to  the  same.  To  have,  hold,  receive  and 
enjoy  the  same  arrears,  sums  of  money,  and  premises  herein  last  before 
given,  granted  and  assigned  unto  the  said  John  Lord  Carteret,  his  execu- 
tors, administrators  and  assigns,  to  and  for  his  and  their  own  use  and 
benefit. 

Witnessed  by  the  King,  at  Westminster,  the  day  and  year  first  above 
mentioned. 

BY  WRIT  OF  PRIVY  SEAL. 


664  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  62.] 

McCULLOH   vs.   GOVERNOR  JOHNSTON  AND   THE 
SURVEYOR  GENERAL. 

THE  MURRAY  CRYMBLE  AND  JAMES  HUEY  GRANT. 

Cape  Fear,  6'"  July.  1744. 
Sir,  [Gov.  Gab.  Johnston] 

I  apprehend  your  Excellency  has  been  apprised  of  Captain  Rowan.s 
taking  out  an  action  against  me  for  three  thousand  pounds  Proclamation. 
Your  Excellency  perfectly  well  knows  that  the  Survey  was  made  by 
Captain  Rowan  without  any  orders  from  me,  and  contrary  to  the  notice 
I  had  given  your  Excellency  on  that  head ;  Therefore  I  hope  your  Ex- 
cellency in  this  case,  where  you  mu.st  be  acquainted  with  the  injustice  of 
the  prosecution  will  interpose  and  grant  nie  such  relief  as  I  am  entitled 
to;  both  by  the  laws  of  England  and  common  justice.  Captain  Rowan 
by  the  return  he  has  made  of  the  Survey  declares  that  those  lands  were 
surveyed  by  him  for  the  use  of  Murray  Crymble  and  James  Huey,  and 
by  his  letter  to  them  (which  I  have  now  in  my  pos.session)  dated  the  19"" 
of  August  1738,  writes  to  them  that  he  will  have  nothing  to  do  with  me 
as  paymaster,  and  he  also  incloses  tiiem  an  account  sign'd  by  himself,  in 
which  he  charges  them  with  the  Fees  and  all  the  other  expences  attend- 
ing the  said  survey.  Upon  which  I  shall  only  beg  leave  to  remark,  that 
if  I  had,  as  Captain  Rowan  alledges,  been  the  principle  in  this  Grant, 
and  that  he  had  made  the  Survey  at  the  request  of  the  Trustees,  He  has 
no  action  of  Law  against  me;  But  as  the  case  stands  that  he  had  no 
ordei-  from  Murray  Crymble  and  James  Huey,  or  from  me,  for  the  mak- 
ing the  said  Survey  and  that  he  has  barred  the  Gentlemen  concerned 
from  one  of  the  most  essential  priviledges  granted  them  by  His  Majesty ; 
in  choosing  in  what  proportions  they  would  have  the  lands  run  out  on 
Pedee,  Cape  Fear  and  Nues  Rivers;  I  conceive  rash  as  he  is,  he  would 
never  have  taken  out  an  action,  without  having  an  opinion,  some  act  of 
power  would  be  exercised  against  me ;  Captain  Rowan  ha.s  often  made 
mention  of  the  Contract  that  was  depending,  between  M'  Dobbs  and  me  ; 
as  to  that  affair  I  beg  leave  to  a,ssure  your  Excellency  that  I  never  sold 
M'  Dobbs  any  lands  that  was  included  in  his  Survey,  but  only  a  pro- 
portionable part  of  my  right  to  such  Lands  as  I  was  entitled  to,  by  His 
Majesty's  Order  of  Council. 

M'  John  Rice  by  his  letter  dated  the  27""  of  November  1743.  having 
advi.sed  me,  that  your  Excellency  had  refused  your  testimonial  to  the 


COLONIAL  RECORDS.  «65 


Papers,  that  your  Excellency  in  Council,  had  ordered  to  be  affixed  under 
the  seal  of  the  Province  &  transmitted  to  rae,  And  having  lately  found 
bv  the  agreement  entered  into  between  Captain  Rowan  and  Samuel 
Woodward  (Copy  of  which  you  have  underneath)  that  Samuel  Wood- 
ward's name  is  only  made  use  of  as  a  Trustee,  the  money  by  the  said 
writing  not  being  applicable  to  his  use  or  benefit;  I  apprehend  I  am 
under  an  indispensable  necessity  to  apply  to  His  Majesty  for  to  grant 
me  a  Commission  to  examine  evidences  as  it  relates  to  the  Surveys  & 
other  proceedings  had  in  relation  to  his  Majesty's  Orders  of  Council 
dated  in  1736  &  1737. 

I  am,  Your  Excellency's  most,  &c., 

HENRY  M«CULLOH. 


Whereas  His  Excellency  Gabriel  Johnston  Esq"  Governor  of  His 
Majesty's  Province  of  North  Carolina  hath  appointed  me  Surveyor  Gen- 
eral of  the  said  Province  I  do  hereby  promise  to  be  accountable  upon 
demand  for  all  the  fees  or  profits  that  shall  arise  or  become  due  ou  the 
return  of  Warrants  and  to  pay  to  Captain  Samuel  Woodward  of  the 
said  Province  one  moiety  or  half  of  said  fees  when  I  receive  it  and  one 
half  of  the  salary  when  received  as  witness  my  hand  and  seal  this  4"" 
day  of  March  173|  MATH :  ROWAN  (X) 

Witness  present 
Atchison  Rowan 
John  White. 

William  Houston  Surgeon  &  Apothecary  living  in  New  Hanover 
County  in  North  Carolina  maketh  oath  upon  the  Holy  Evangelist  that 
he  is  perfectly  acquainted  with  the  hand  writing  of  Mathew-  Rowan  Esq" 
one  of  His  Majesty's  Council  in  this  Province  and  late  Surveyor  General 
of  His  Majesty's  Lands  in  this  Province.  And  further  that  to  the  best 
of  this  deponent's  knowledge  and  belief  the  above  writing  is  a  true  and 
exact  copy  of  an  Instrument  or  agreement  entered  into  the  4""  of  March 
173|  between  the  said  Mathew  Rowan  and  Samuell  Woodward  late  Col- 
lector of  the  Port  of  Brunswick.  Tliat  this  deponent  has  at  present  the 
aforesaid  Instrument  or  agreement  in  writing  between  the  said  Mathew 
Rowan  &  Sam  :  Woodward  in  his  possession  &  that  he  is  not  only  fully 
acquainted  with  the  hand  writing  of  the  said  Math  :  Rowan  but  also  with 
the  hand  writing  of  John  White  Bladen  County  one  of  the  subscribing 
witnesses  to  the  said  recited  agreement  entered  into  between  the  said 
Mathew  Rowan  and  Samuel  Woodward. 

Wilmington  May  19"-  1744.  AV"  HOUSTON." 

Vol.  4—84 


666  COLONIAL  RECORDS. 


William  Houston  who  has  signed  the  above  writing  appeared  before 
me  Rufus  Warfden  Notary  Publick  &  Tabellion  Lawfully  admitted  and 
sworn  dwelling  in  the  Town  of  Wilmington  in  North  Carolina  and  made 
Oath  on  the  Holy  Evangelist  to  the  truth  of  all  that  is  contained  in  the 
above  writing  to  which  he  the  said  William  Houston  has  signed  his  name 
in  Testimony  Whereof  I  have  affixed  my  seal  of  my  Office  this  19"'  day 
of  May  1744. 

RUFUS  WARFDEN, 

Witnesses  present  Not:  Pub: 

Gab:  Donald. 


[See  North  Carolina  Council  Journals  of  1 6""  November  1 74.3. — Editor.] 

To  the  Commissioners 

May  it  please  your  Lordships  [of  the  Board  of  Trade] 
I  humbly  apprehend  that  from  the  several  remarks,  I  have  made 
upon  His  Majesty's  Order  of  Council  dated  the  19'"  day  of  May  1737. 
It  will  appear  evident  to  your  Lordships  that  the  Surveyor  had  no 
power  to  run  out  the  lands  therein  directed,  untill  he  had  first  obtained 
from  the  parties  concerned  notice  in  what  place  to  begin  the  said  survey 
and  in  what  proportions  the  same  was  to  be  made;  And  that  the  un- 
warrantable steps  that  have  been  taken  by  the  Governor  and  Surveyor  is 
the  only  cause  of  delay  that  is  given  in  the  executing  his  Majesty's  Or- 
ders; All  the  Gentlemen  concern'd  to  my  certain  knowledge  being  ex- 
treamly  anxious  to  forward  the  settlements  of  their  lands  agreable  to 
their  engagements  with  the  Crown,  and  in  order  to  facilitate  the  same 
they  thought  proper  to  order  Murray  Crymble  and  James  Huey  to  vest 
the  whole  of  the  property  in  me,  and  afterwards  took  defeizances  from 
me,  to  make  the  Associates  out  their  proper  shares  in  pursuance  of  what 
was  then  agreed  amongst  ourselves  ;  But  upon  Captain  Rowan's  having 
surveyed  the  Lands  contrary  to  the  intention  of  the  Gentlemen  con- 
cerned several  of  the  Gentlemen  desisted  from  prosecuting  the  aifair; 
And  have  not  reimbursed  me  one  farthing  of  the  sums  I  advanced  in 
order  to  forward  the  settlement ;  Captain  forms  his  action  against  me 
upon  this  point ;  and  would  have  me  understood  as  the  principal  in  the 
Grant  ;  But  if  it  really  had  been  so  (as  I  most  solemnly  declare  I  was 
not  at  the  time  His  Majesty's  Order  of  Council  was  made  out)  he  has  no 
action  at  Law  against  me,  as  the  Survey  made  by  him  is  in  all  respects 
inconsistent  with  His  Majesty's  Order  in  Council ;  then  he  has  made 
the  return  of  the  Survey  in  the  name  of  Murray  Crymble  and  James 
Huey,  and  at  the  foot  of  the  Plats  returned  l>y  him  declares  he  surveyed 


COLONIAL  RECORDS.  (Jfi? 


the  said  lands  for  their  use  &  account,  and  also  having  sent  them  an  ac- 
count sign'd  of  the  charge  of  the  Survey  and  by  the  letter  conveying 
the  said  Account  and  Plats,  and  writes  them  that  he  will  have  nothing 
to  do  with  me,  but  insists  on  them  for  payment;  From  all  which  I  hum- 
bly conceive  it  appears  evident  that  those  acts  of  power  and  violence 
that  are  exercised  against  me  at  present,  proceed  from  an  opinion  that 
as  I  have  not  been  hitherto  supported  in  the  exercise  of  my  duty,  as 
Commissioner  of  the  Quitt  Rents  that  they  may  let  loose  their  resent- 
ments upon  me  in  what  manner  they  please;  as  even  to  deprive  me  of 
my  property  and  my  freedom ;  The  Laws  of  this  Province  have  never 
as  yet  been  properly  established ;  And  in  too  many  instances  actions  at 
Law  are  determined  by  faction  and  prejudice;  And  from  this  considera- 
tion I  have  but  a  melancholy  prospect;  without  your  Lordships  will  be 
so  good  as  to  interpose  in  recommending  me  to  His  Majesty  to  grant  a 
Commission  to  examine  into  the  Governor's  and  Captain  Rowan's  pro- 
ceedings in  relation  to  His  Majesty's  Orders  of  Council  dated  in  April 
1736  and  May  1737. 

I  am  sensible  that  Commissions  of  this  nature  ought  not  to  issue  but 
upon  extraordinary  occasions;  And  I  conceive  there  never  was  greater 
necessity  for  it  than  at  present;  I  have  transmitted  to  M'  Houson  a 
Copy  of  the  Agreement  entered  into  between  Captain  Rowan  and  M"' 
Woodward,  and  sworn  to  by  M'  William  Houston,  it  appears  by  the 
said  Agreement  that  Capt :  Woodward  was  only  a  nominee  for  the  Gov- 
ernor the  consideration  for  which  Rowan  engaged  to  pay  a  moiety  of  his 
Salary  and  fees;  being  in  consideration  of  his  appointment  as  Surveyor 
General,  and  also  that  he  might  by  that  means  induce  the  Governor  to 
deliver  him  His  Majesty's  Order  of  Council;  The  uses  always  follows 
the  consideration  or  value  given  and  in  this  case  it  is  the  same  as  in  a 
Bill  of  Exchange,  where  the  value  is  said  to  be  received  of  A  and  the 
Bill  is  made  payable  to  B,  tho  B.  receives  the  value  it  is  always  deemed 
and  taken  to  be  for  the  use  of  A.  I  have  inclosed  your  Lordships  a 
Copy  of  a  letter  to  Governor  Johnston  giving  him  notice  of  my  inten- 
tion to  apply  to  His  Majesty  for  a  Commission  to  examine  evidences,  as 
it  relates  to  the  proceedings  had  in  relation  to  His  Majesty's  Orders  of 
Council  dated  in  1736  and  1737.  I  have  been  informed  lately  Captain 
Rowan  has  preferred  a  writing  to  the  Governor  in  Council,*  in  which 
lie  has  treated  me  in  a  very  indecent  manner  without  his  being  able  to 
produce  one  evidence  to  support  his  charge,  Yet  notwithstanding  of  this, 
the  Governors  partiality  lias  been  so  great  as  to  allow  him  the  sunctidu 

*  [See  (.'oiincil  Journals,  A.  D.  1744 — Editor.] 


G(J8  COLONIAL  RECORDS. 


of  the  seal  of  the  Proviuce  to  be  affixed  to  the  said  writing,  witliout 
tlieir  ever  giving  me  notice  of  it;  And  altho'  I  have  several  times  de- 
manded a  Copy  of  it  since,  under  several  pretences  and  delays,  I  have 
not  been  able  to  procure  it;  However  I  am  satisfied  as  I  am  perfectly 
secure  in  my  innocence  and  with  great  justice  can  defy  them  and  all 
mankind  to  charge  me  justly  witli  having  acted  anything  contrary  to  my 
duty  since  the  time  1  received  the  iionour  of  His  Majesty's  Commission. 

I  am  with  great  submission.  May  it  please  your  Lordships 
Your  Lordships  Most,  &(:, 

HENRY  M'CULLOH. 

Cape  Fear  27*  July  1744. 


Observations  in   relation  to  His  Majesty's  Order  of  Council,  dated  the 

19""  of  May  1737. 

Most  humbly  submitted  to  the  Riglit  Honourable  the  Lords  Commis- 
sioners for  Trade  and  Plantations. 

It  is  Humbly  Conceived  that  the  recital  of  your  I^ordships  report  in 
the  said  Order  of  Council  makes  it  appear  evident  that  the  Petitioners 
only  engaged  to  undertake  the  settlement  of  the  Lands  prayed  for,  upon 
condition  that  they  should  have  the  liberty  of  taking  up  one  million  two 
iiundred  thousand  acres  of  land  upon  the  heads  of  Pedee,  Cape  Fear,  and 
Nnes  rivers,  which  liberty  could  only  consist  in  their  having  a  right  to 
determine  what  proportion  of  land  they  would  have  (under  the  limita- 
tions herein  after  mentioned)  upon  the  heads  of  those  rivers  respectively ; 
And  also  in  pointing  out  to  the  surveyor  in  what  places  the  said  surveys 
were  to  be  made,  and  in  what  proportion  the  lines  of  the  Survey  were  to 
be  run  within  the  bounds  limitted  in  the  said  Order  of  Council.  The 
constant  practise  of  all  Surveyors  not  only  in  this  Province  but  in  all 
His  Majestie's  other  Provinces  on  the  Continent  of  America,  is  to  have 
notice  from  the  parties  in  what  place  they  are  to  begin  the  Survey  of  any 
Land,  by  virtue  of  warrants  delivered  to  them;  And  in  the  present  in- 
stance there  is  much  stronger  reasons  for  it ;  As  it  is  made  a  condition  not 
only  in  the  Petition  of  Murray  Crymble  James  Huey  and  their  Associ- 
ates, but  also  expressly  directed  by  His  Majesty's  Order  of  Council; 
That  the  Parties  shall  be  admitted  to  take  up  the  said  Lands  subject  to 
tile  limitations  therein  contained. 

Murray  Crymble  James  Huey  and  their  Associates  in  their  Petition, 
after  first  praying  for  the  libei'ty  of  taking  up  the  Lands,  That  is  to  say 
in  pointing  out  where  the  Survey  was  to  begin  ;  in  what  proportion  their 
separate  shares  were  to  be  run  out;  And  in  what  quantity  the  lands  were 


COLONIAL  RECORDS.  (J69 


to  be  surveyed  on  Pedee,  Cape  Fear  &  Nues  Rivers  respectively;  To 
remove  all  objections  that  might  be  made  of  having  a  design  to  run  out 
the  land  in  small  Parcells;  so  as  to  take  in  the  good  land  near  the  Set- 
tlements, and  also  that  they  might  be  confined  in  the  choice  that  was  to 
be  made  within  proper  districts;  Humbly  submitted  it  to  His  Majesty's 
Pleasure  to  determine;  In  what  quantitys  in  one  place  the  lands  should 
be  run  out,  or  whether  his  Majesty's  Governor  should  be  at  libertv  to 
order  the  Lands  to  be  surveyed  in  such  districts  or  Townships  as  he 
should  think  meet  for  his  Majesty's  Service;  Upon  which  his  Majesty 
taking  the  same  into  his  royal  consideration  was  pleased  to  determine; 
That  tlie  parties  should  be  allowed  one  million  two  hundred  thousand 
acres  of  liand  to  be  surveyed  in  twelve  different  Parcells  of  one  hundred 
thousand  acres  each ;  And  further  that  those  twelve  parcells  should  be 
laid  out  as  contiguous  as  may  be,  but  none  of  them  to  be  at  any  greater 
distance  than  ten  miles  from  some  other  of  them ; 

By  the  aforegoing  Article  recited  in  His  Majesty's  Order  of  Council, 
it  appears,  that  in  running  out  the  Lands  the  Parties  were  to  be  at  Ivib- 
erty  to  take  them  up  in  separate  Parcells  of  one  hundred  thousand  acres 
each,  Provided  that  no  Survey  was  at  greater  distance  than  ten  miles 
from  some  or  other  of  them.  But  Captain  Rowan  having  obtained  His 
Majesty's  order  of  Council,  by  fraud,  went  hastily  on  the  Survey  with- 
out any  orders  from  Murray  Crymble  &  James  Huey  or  any  person 
authorized  by  them,  and  surveyed  a  million  of  acres  in  one  district  upon 
the  Branches  of  Pedee  and  Wattree  Rivers  and  insists  contrary  to  com- 
mon sense,  and  to  the  plain  meaning  and  intents  of  His  Majesty's  order 
of  Council,  that  as  he  has  made  several  lines  through  the  said  Survey, 
that  the  Lands  surveyed  by  him,  is  agreeable  to  the  said  Order,  &  is  to 
be  deemed  and  taken  as  ten  different  parcells  of  Laud ;  Captain  Rowan 
has  also  acted  contrary  to  the  above  recited  Article,  in  leaving  a  greater 
space  than  ten  miles  between  the  million  of  acres  surveyed  on  Pedee  and 
the  Lands  surveyed  by  him  on  the  heads  of  Cape  Fear  and  Nues  Rivers. 

By  the  next  recited  Article,  His  Majesty  is  pleased  to  direct,  that  the 
Lands  shall  be  granted  by  the  Governor  to  the  Petitioners  and  their 
Associates  in  such  Proportions  as  shall  be  required  by  them ;  but  no 
Grant  to  contain  less  than  twelve  thousand  acres.  By  which  I  humblv 
conceive  it  appears  evident,  that  the  Surveyor  General  had  no  right  to 
make  the  Survey  without  first  having  notice  from  the  parties;  as  in  that 
case  he  could  not  make  the  return  of  the  survey  in  such  Proportions, 
nor  in  such  Places  as  might  be  required  by  them ;  And  in  consequence 
the  Grants  could  not  issue  in  pursuance  of  his  Survey ;  And  it  mav  be 
remarked  further,  that  what  Captain  Rowan  contends  for  is  inconsistent 


670  COLONIAL  RECORDS. 


with  the  whole  tenor  of  the  order  as  it  would  barr  the  parties  from  one 
of  the  most  esseutial  Privileges,  granted  them  by  His  Maj''°''  said  Order 
of  Council;  in  preventing  them  from  having  their  Grants  made  out 
separate  and  independent  of  each  other;  And  it  would  throw  a  power 
into  the  Surveyor's  hands  of  exacting  what  Fees  he  pleased,  or  other- 
ways  of  running  out  their  lands  in  such  manner  that  it  would  make  it 
impracticable  for  the  Petitioners  to  settle  them ;  And  in  the  present  In- 
stance, he  has  really  done  so;  As  he  has  taken  into  the  Survey  upon 
Pedee  River  near  three  hundred  thousand  acres  of  Land ;  which  is 
claimed  by  the  Catauboe  Indians  And  which  they  will  by  no  means  per- 
mit any  white  Settlers  thereon ;  without  at  least  purchasing  the  same 
from  them. 

By  the  fourth  Article  recited  in  His  Majesty's  Order  of  Council,  His 
Majesty  is  pleased  to  direct,  that  the  Petitioners  and  their  Associates  do 
pay  the  usual  fees  for  surveying,  and  passing  the  Grants  of  the  said 
Tracts ;  It  is  conceived,  that  it  appears  evident  from  the  above  recited 
Article,  that  the  Petitioners  were  only  to  pay  the  usual  fees  for  survey- 
ing and  passing  the  Grants  of  the  Lands  that  were  to  be  made  out  to 
them  in  separate  divisions  of  twelve  thousand  acre  Tracts,  if  they  so 
required  them  ;  Therefore  His  Majesty's  Oixler  cannot  be  understood  in 
the  sense  that  Captain  Rowan  contends  for  it;  Namely  that  he  had  a 
right  to  survey  one  million  two  hundred  thousand  acres  of  Land  with- 
out any  directions  had  from  the  Petitioners  in  what  manner  to  run  out 
their  separate  shares,  and  that  they  were  afterwards  at  liberty  to  have  a 
New  Survey  made,  and  to  form  it  into  as  many  divisions  as  they  thought 
proper;  Provided  that  no  Grant  issued  for  less  than  twelve  thousand 
acres;  upon  whicii  I  beg  leave  to  observe  that  this  might  be  very  preju- 
dicial to  the  Gentlemen  concerned,  as  it  would  lay  them  under  a  neces- 
sity to  take  up  the  Lands  in  their  several  divisions,  within  the  Bounds 
that  Captain  Rowan  described  for  them  ;  altho  at  the  same  time  no  Grant 
could  issue  in  pursuance  to  the  return  made  upon  said  Survey ;  But  a 
second  Survey  in  this  Case  must  be  made.  Plotting  out  their  several 
divisions,  which  would  put  them  to  the  same  expense  and  subject  them 
to  the  same  fees  as  if  no  Survey  had  been  made  before; 

Captain  Rowan  was  only  seventy  eight  days  out  in  the  Survey  he  has 
made,  for  which  he  demands  no  less  a  sum  than  one  thousand  live  hun- 
dreds pounds  Proclamation,  if  he  had  done  his  duty  in  waiting  for 
proper  Orders  from  the  Petitioners  and  in  plotting  out  the  several 
divisions  belonging  to  the  Associates,  he  would  have  been  intitled  to  near 
twelve  hundred  Pounds  proclamation,  (and  he  might  have  performed  his 
dutv  in  this  respect  in   less  than  four  months)  and  even  in  that  case  it 


COLONIAL  RECOKDS.  H71 


would  Imve  cost  the  Gentlemen  near  three  thousand  pounds  more,  to  liave 
run  out  small  tracts  of  Land  for  such  as  were  hereafter  to  settle  under 
them. 

It  may  be  proper  in  this  place  U>  inform  your  Lordships,  of  the  true 
cause  of  Captain  Rowan's  conduct.  M'  Wardroper  the  late  Surveyor 
died  the  beginning  of  1737;  and  upon  his  demise  Captain  Rowan  was 
appointed  Surveyor  by  the  Governor.  When  His  Majesty's  Order  issued 
for  taking  up  the  Lands  in  question,  it  was  thought  advisable  b}'  all  the 
Gentlemen  concerned ;  that  as  there  was  a  special  direction,  in  His  Maj- 
esty's order  of  Council  to  take  care  of  the  rights  of  such  only  who  had 
Grants  made  out  to  them,  previous  to  the  Governor's  being  informed  of 
His  Majesty's  intention  in  the  said  Order  of  Council;  To  advertise  the 
Governor  thereof,  least  the  Gentlemen  in  this  Province,  and  those  that 
live  upon  the  line  of  Virginia  should  follow  the  same  methods  that  were 
practised  in  retation  to  the  Township  Lands  in  South  Carolina;  and  take 
up  several  Tracts  of  the  most  valuable  of  the  Lands  described  in  the 
said  Order  of  Council,  and  afterwards  surprise  the  Governor  into  the 
issuing  of  Grants  for  the  same,  to  the  prejudice  of  the  Gentlemen  con- 
cerned ;  When  the  duplicate  was  sent  to  the  Governor  by  me,  I  wrote 
him,  that  as  soon  as  possible  Murray  Crymble  and  the  rest  of  the  Asso- 
ciates would  fix  a  time  for  their  meeting;  and  that  they  would  then 
agree  what  proportion  of  Lands  they  would  have  run  out  upon 
Pedee  and  they  would  likewise  distinguish  to  him  what  proportion 
they  would  have  run  out  upon  Cape  Fear,  and  what  proportion 
upon  Nues  Rivers;  and  further  that  they  would  let  him  know  where 
their  respective  share  were  to  lye ;  that  the  Surveys  might  be  inade 
agreable  thereto,  in  pursuance  of  which  the  Grants  were  to  issue; 
the  Governor  owns  the  receipt  of  this  letter  by  his  letter  dated  to 
me  the  5""  of  October  1737.  and  says  that  he  is  sorry,  I  had  tied  up  his 
hands  in  not  sending  the  necessary  Orders ;  In  about  five  months  after 
the  first  letter  giving  the  Governor  this  notice,  severalj>f  the  Associates 
mett  together  &  agreed,  in  what  manner  they  would  have  their  shares 
run  out,  and  having  appointed  me  Trustee  for  the  whole,  directed  me  to 
write  to  the  Governor  to  order  tiie  Survey  to  be  made  in  pursuance  to 
what  was  then  agreed  to  by  the  Associates,  and  accordingly  I  wrote  the 
Governor  and  transmitted  him  an  Account  in  what  manner  the  Survey 
was  to  be  made;  But  the  Governor  and  Rowan  being  informed  that  a 
Surveyor  was  soon  to  be  appointed  from  home,  did  not  wait  for  the 
arrival  of  these  orders  but  came  to  an  agreement,  that  in  consideration 
of  Captain  Rowan's  paying  into  the  hands  of  Samuel  Woodward,  half 
his  Salary  and  half  his  fees  as  Surveyor  that  the  Governor  would  deliver 


672  COLONIAL   RECORDS. 


him  His  Majesty's  Order  of  Council  and  four  days  after  tiie  signing  the 
said  agreement,  Captain  Rowan  set  out  on  the  said  Survey,  without  hav- 
ing had  any  directions  from  the  Petitioners  or  any  person  authorized  by 
them,  in  what  place  to  begin  the  Survey,  or  how  much  was  to  be  run  out 
upon  each  of  the  Rivers,  nor  in  what  proportions  the  said  Surveys  were 
to  be  made,  so  as  that  separate  Grants  might  issue  in  pursuance  thereof. 
And  as  has  been  observed  above  Captain  Rowan  run  out  one  million  of 
acres  in  one  district  upon  the  South  Branches  of  Pedee  and  only  one 
hundred  thousand  acres  on  Cape  Fear,  and  one  hundred  thousand  acres 
on  Nues  river;  And  returned  all  the  Plats  of  the  said  Surveys  in  the 
name  of  Murray  Crymble  and  James  Huey,  without  taking  notice  of 
their  Associates,  and  by  a  writing  at  the  foot  of  the  Plats  to  which  he 
signs  his  name,  he  declares  that  he  made  the  said  Survey  for  the  use  of 
Murray  Crymble  and  James  Huey  and  for  their  Account ;  He  also  sends 
the  said  (xentlemen  an  account  charging  them  with  the  fees  and  expenses 
attending  the  said  Survey,  and  signs  his  name  to  it,  and  in  the  letter  in 
which  he  conveys  them  the  said  account  he  writes  them  that  he  heard  that 
M''  MH'ulloh  was  to  become  his  paymaster,  but  that  he  would  have 
nothing  to  do  with  the  said  Gentleman;  but  insisted  upon  their  paying 
of  him  the  said  Fees;  Yet  what  is  still  surprising  he  has  taken  out  an 
action  against  me  at  Law  for  three  thousand  pounds  Proclamation  with 
a  view  only  to  distress  me;  and  by  acts  of  Power  to  (»mpel  me  to  con- 
descend to  anything  they  will  please  to  direct;  Most  of  the  Gentlemen 
of  this  Province  are  of  opinion  that  by  acts  of  violence;  I  shall  be  obliged 
to  comply  with  their  terms;  If  His  Majesty  does  not  interpose  in  my 
behalf;  And  from  this  opinion  prevailing  I  have  not  been  able  to  give  in 
Bail  to  Captain  Rowan's  suit;  but  have  remained  a  prisoner  since  the 
beginning  of  June  last. 

In  the  fifth  Article  inserted  in  his  Majesty's  Order  of  Council;  His 
Majesty  is  pleased  to  direct ;  that  all  the  Grants  be  made  by  the  Gov- 
ernor immediately  upon  the  return  of  the  Surveys  to  him,  and  that  tliey 
do  bear  equal  date  with  each  other  ;  This  Article  as  well  as  the  aforego- 
ing fully  proves  that  the  intention  of  the  said  Order,  was,  that  the  Sur- 
veyor should  have  notice  how  to  lay  out  the  several  divisions  or  shares 
of  Murray  Crymble  James  Huey  and  their  Associates,  or  otherways 
upon  the  return  of  his  Survey,  the  Grants  could  not  issue,  &  bear  equal 
dates  with  each  other ;  And  indeed  in  the  manner  that  Captain  Rowan 
would  have  it  understood,  no  Grant  could  issue  until  there  was  a  second 
Survey  ;  therefore  his  first  Survey  neither  could  expediate  the  issue  of 
the  Grants,  nor  be  of  the  least  service  to  the  parties  concerned;  In  all 
Grants  of  this  nature  there  is  a  reasonable  time  allowed  for  the  parties 


COLONIAL  RECORDS.  673 


to  consult  proper  measures  for  tlie  executing  of  wliat  they  have  engaged 
to  perform.  And  in  the  present  instance  the  Gentlemen  concerned  could 
not  he  deemed  faulty  in  giving  delay;  as  in  less  than  eight  months  after 
the  date  of  His  Majesty's  Order  of  Council ;  they  gave  the  necessary 
directions  in  what  manner  the  Survey  was  to  be  made,  and  not  only  so; 
but  as  soon  as  they  had  information  of  Captain  Rowan's  making  the 
Survey,  without  their  directions,  they  objected  to  the  same,  and  ever 
since  that  time  have  by  frequent  application  to  the  Governor,  prayed  the 
favour  of  him  to  allow  His  Majesty's  Order  of  Council  to  operate,  in 
the  manner  and  agreable  to  the  directions  therein  contained. 

In  the  sixth  Article  His  Majesty  is  pleased  to  direct  that  the  com- 
mencement of  the  Quitt  rents  be  computed  from  the  expiration  of  ten 
years  from  the  date  of  such  Grants,  while  Quitt  rents  is  to  be  four  shil- 
lings Proclamation  money  for  every  hundred  acres  included  in  said 
Grant;  As  it  has  been  observed  I  apprehend  it  would  be  extreamly 
faulty  in  the  Gentlemen  concerned,  and  in  a  more  particular  manner  in 
me  as  an  Associate;  if  any  unnecessary  delay  had  been  given  by  the 
Parties  concerned  in  the  executing  of  His  Maj"''  Order  of  Council ; 
the  Notice  that  was  given  to  the  Governor  with  proper  directions,  how 
to  survey  the  said  lands  was  transmitted  in  less  than  eight  months  after 
the  date  of  His  Majesty's  Order,  and  upon  the  very  first  notice  they  had 
of  Captain  Rowans  having  made  the  Survey  improperly ;  they  objected 
to  the  same;  and  declared  they  would  never  assent  thereto;  The  Gov- 
ernor in  answer  to  this  writes  that  since  they  were  so  highly  offended 
thereat;  That  they  might  have  a  new  Survey  begun  as  soon  as  they 
pleased,  and  that  he  would  stand  to  the  loss  of  the  former;  And  yet 
notwithstanding  of  this  he  has  upon  all  occasions  denied  complying 
with  what  he  had  engaged  to  do.  From  all  which  it  will  appear  evident, 
upon  examination ;  that  the  delay  that  has  been  given  proceeds  wholly 
from  the -unwarrantable  steps  that  have  been  taken  by  the  Gov"  and 
Captain  Rowan;  In  barring  the  Petitioners  from  their  just  rights:  And 
in  making  a  Survey  contrary  to  the  true  intent  and  meaning  of  His 
Majesty's  said  Order  of  Council. 

(Endorsed) 
North  Carolina 
Observations  in  relation  to  His  Majesty's  Order  of  Council,  dated  the 
19""  of  May  1737.  Most  humbly  submitted  to  tiie  Right  honorable  the 
Lords  Comm"  for  Trade  and  Plantations  by  Henry  M°Culloh. 
Rec*  with  his  letter  to  the  Board  dated  the  27""  of  July  1744. 

Vol.  4—85 


674  COLONIAL  RECORDS. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  52.  p.  87.] 

BOARD  OF  TRADE  JOURNALS. 

Thursday  July  5*  1744. 
Present  Lord  Monson. 
Col.  Bladen.  M'  Plumer. 

M'  Keene. 
The  Secretary  laid   before  the  Board  the  Naval  Officers  Lists  of  ships 
entred  and  cleared  at  Port  Bath  in  North  Carolina  for  two  Quarters  viz : 
from  Midsummer  to  Michalraas  1743  and  from  thence  to  the  Christmas 
following. 

[Page  131.  J 

Wednesday  Nov'  7""  1744. 
Read  a  letter  from  the  Duke  of  Newcastle  dated  Oct.  26'"  1744  trans- 
mitting for  the  information  and  direction  of  the  Board  a  printed  copy  of 
the  Grant  and  Release  from  His  Majesty  under  the  great  seal  of  this 
Kingdom  of  one  eighth  part  of  Carolina  to  the  Lord  Carteret  (now  Earl 
of  Granville)  as  also  of  the  surrender  of  seven  eighth  parts  of  Carolina 
from  the  Earl  of  Granville  to  His  Majesty. 

[Page  137.  J 

Wedne.sday  Nov'  21"  1744. 
The  Secretary  laid  before  the  Board  the  nineteen  following  copies  of 
Orders  in  Council  lately  transmitted   from  the  Council  office  and  the 

Titles  thereof  were  read,  Viz' 

****** 

Order  of  Council  dated  9'"  of  May  1744  directing  a  Grant  to  pass  the 
Great  Seal  of  one  Tract  of  Land  on  the  North  side  of  Carolina  to  the 
Lord  Carteret  in  full  for  his  eighth  part  of  South  and  North  Carolina. 

Order  of  Council  dated  19""  of  July  1744  for  raising  three  Independ- 
ent Companies  in  America  for  the  defence  of  South  Carolina  and  to  be 
under  the  direction  of  the  Governor  and  Council  of  that  Province. 


[From  the  MSS.  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 
North  Carolina. 

At  a  Council  held  at  Bath  Town  25"'  February  174f 

Present  His  Excellency  Gabriel  Johnston  E.sq'  Governor 

r  Robert  Halton    CuUen  Pollock   ]    Esq"  Members 
The  Honoble<  Eleaz'  Allen  and  >  of  His 

(  Roger  Moore      William  Forbes  j  Majestys  Council 


COLONIAL  RF.CORDS.  (;75 


Read  the  following  Petitions  for  Patents  Viz' 

Seth  Pilkenton  640  acres  Beaufort  County,  Tarn)e  O'Quinn  640  Edge- 
combe, Richard  Deerman  600  Craven,  Nath'  Macon  100  N.  Hanover, 
John  Miller  400  D°,  John  Richardson  200  Onslow,  John  Plowman 
White  452  Craven,  John  Herring  300  I)",  John  Echolls  100  Beaufort, 
John  Hanning  177  Craven,  Robert  Halton  Esq'  640  N.  Hanover,  Wil- 
liam Carruthors  200  Beaufort,  Josias  Jones  100  D°,  Jonathan  Bangs  48 
Carteret,  Richard  Alligood  100  Beaufort.     Granted 


At  a  Council  held  at  Bath  Town  28'"  February  174| 

Present  His  Excellency  Gabriel  Johnston  Esq  Gov.  &c 

(  Eleazer  Allen     Cullen  Pollock  ^     Esq"  Members 

The  Honoble<  Math  Rowan  and  I  of  His 

(Roger  Moore      William  Forbes]  Majesties  Council 

Joseph  Anderson  Esq'  His  Majesties  Attorney  General  Exhibited 
Articles  of  Complaint  against  Isaac  Buck  Esq'  One  of  His  Majesties 
Justices  of  the  Peace  for  Beaufort  County  which  was  read  and  the  said 
Buck  Ordered  to  attend  together  with  the  Evidences  therein  named  on 
Monday  next 

Read  the  following  Petitions  for  Patents  Viz' 

David  Pursley  320  N.  Hanover,  Joseph  Holloway  200  Hyde,  Charles 
Goom  600  Craven,  Jas  M=Kelwean  200  D°,  John  M°Keel  200  Beaufort, 
Gritfeth  Floyd  600  Beaufort,  William  Stafford  100  D",  Abraham  Dun- 
can 300  D",  Richard  Warner  100  D°,  William  Braswell  500  Edgecombe, 
Samuel  Williams  260  D°,  John  Smith  300  Beaufort,  James  McKelwean 
200  Craven.     Granted 

At  a  Council  held  at  Bath  Town  29'"  February  1743.  [1744] 
Present  His  Excellency  the  Governor 

{Eleazar  Allen  Cullen  Pollock  ~j     Esq"  Members 
Mat.  Rowan  and  V         of  His 

Roger  Moore    William  Forbes)  Majesties  Council 
M'  Richard  Lovit  Exhibited  before  this  Board  a  Complaint  against 
His  Majesties  Justices  of  the  County  Court  of  Craven    in   these  words 
Viz' 

To  His  Excellency  the  Governor  in  Council. 

The  Humble  Petition  of  Richard  Lovett  Sheweth. 

That  Your  Petitioner  upon  some  causes  of  Consequence  was  obliged 
to  give  his  Attendance  at  Last  Circuit  Court  held  at  Cape  Fear  which 
happened  at  the  same  time  that  the  County  Court  of  Craven  was  held, 
where  your  Petitioner  was  concerned  in  several  Causes.     That  before  he 


676  COLONIAL  RECORDS. 


went  to  Cape  Fear  applyed  himself  to  two  or  three  of  the  Magistrates  of 
the  said  Court  and  acquainted  them  of  the  Obligation  he  was  under  to 
give  iiis  attendance  at  said  Court  and  especially  at  that  time  withal  intreat- 
iug  them  that  if  any  of  your  Petitioners  Actions  were  called  they  would  be 
so  kind  to  Post  pone  them  until  the  next  Court  which  they  promised  to 
do.  And  further  Your  Petitioner  setts  forth  that  he  also  wrote  a  Letter 
to  M'  Wirriot  Ormond  and  therein  enclosed  a  Docket  of  all  his  Causes 
witli  Instructions  to  him  to  appear  and  do  what  was  necessary  therein, 
but  contrary  to  your  Petitioners  expectations  M'  Ormond  was  Inter- 
rupted by  sickness  so  could  not  attend. 

That  the  Clerk  of  the  Court  to  whom  your  Petitioner  delivered  tiie 
said  Letter  and  Docket  seeing  M'  Ormond  did  not  come,  applyed  him- 
self to  the  Court  in  your  Petitioners  behalf  and  Read  said  Letter  and 
Docket  to  them  but  the  Court  Rejected  the  same,  and  upon  motion  of 
William  Herritage  Attorney  The  Court  agreed  to  the  Dismission  of  all 
your  Petitioners  Causes  wherein  he  was  concerned  for  the  Petitioners 
except  one,  in  which  AP  Ormond  was  concerned  with  your  Petitioner 
which  they  likewise  would  have  dismissed  but  the  PP  in  Person  coming 
into  Court,  and  upon  liis  making  Oath  that  M"'  Ormond  was  Employed 
also,  they  continued  the  Same. 

That  since  the  Dismission  of  said  Suites  Your  Petitioner  was  informed 
by  the  present  Deputy  Siieriff  that  he  had  Received  Executions  from  the 
Clerk  against  the  several  Persons  whose  Suites  were  dismissed  for  the 
several  Fees. 

That  in  none  of  your  Pet"  causes  there  was  issues  save  in  one,  but  the 
Def"  in  some  were  to  plead  and  others  the  Common  Order  so  that  the 
continuance  of  them  was  only  agreeable  to  Practice,  and  therefore  could 
not  be  any  delay  or  Injury  to  either  Party. 

That  some  time  before  that  at  a  former  Court  your  Pef  was  concerned 
in  a  cause,  Lingfield  at  the  suite  of  Hands;  and  Doctor  John  Bryan 
being  one  of  the  Sureties  for  said  Hands,  your  Pet'  happened  in  the  time 
of  the  Court  to  be  seized  with  a  most  violent  fit  of  a  Fever,  was  obliged 
to  withdraw  himself  from  the  Court,  untill  the  said  Fit  was  over,  which 
upon  application  to  the  Court  your  Pef  iiad  Leave,  but  no  sooner  had 
your  Pef  so  withdrawn  himself  but  M'  Herritage  and  said  Bryan  moved 
the  Court  that  the  Tryall  of  said  Cause  might  come  on,  to  which  they 
accordingly  agreed  to  and  without  giving  your  Pef  the  Least  Notice, 
called  the  PI',  and  Entered  a  Non  jjcoss  against  him.  Notwithstanding 
that  John  Powell  Gen'  one  of  the  Justices  who  happened  in  the  Room 
where  your  Pef  was  sick,  and  gave  your  Pef  his  hand  that  no  business 
of  his  should  be  done. 


COLONIAL  RECORDS.  677 


Tliat  your  Pef  humbly  apprehends  all  the  said  proceedings  of  the  said 
Court  Arbitrary  and  Illegal  and  contrary  to  the  known  practice  of  the 
several  Courts  in  this  Province,  and  was  done  with  no  other  view  tlian 
to  detract  and  Injure  your  Pef  in  his  Business  and  Character  as  an 
Attorney,  Defeat  your  Pet"  Clyents  of  a  fair  and  just  Tryall,  put  your 
Pet'  to  the  Loss  of  his  Fees  and  double  Damages  in  each  Cause. 

All  which  Allegations  your  Pef  will  maintain  and  Prove  as  your 
Hon"  shall  [think]  fit. 

May  it  therefore  please  your  Excellency  and  your  Hon"  to  take  your 
Pet"  ease  into  consideration  and  give  your  Petitioner  such  Relief  as  your 
Hon"  in  your  Wisdom  shall  thiidi  proper 

And  he  will  Pray  &c.  RICH"  LOVITT. 

The  said  Justices  being  called  M'  Powell  one  of  the  said  Justices  duly 
appeared  Whereupon  M'  Ijovett  produced  a  Docquet  of  the  Business  set 
forth  in  his  Complaint  attested  by  the  Clerks  of  said  County  Court  who 
being  present  was  sworn  and  examined  thereon,  and  the  said  Powell  fully 
heard  in  his  Defence  touciiing  the  said  Complaint  against  him,  and  the 
rest  of  the  Justices,  And  it  appearing  That  the  said  John  Powell  togetlier 
with  John  Bryan  and  John  Carruthers  had  acted  with  great  Partiality 
on  the  seat  of  Justice.  It  is  thereupon  considered  and  Ordered  that  the 
said  John  Powell,  John  Bryan  and  William  Carruthers  be  and  each  of 
them  are  hereby  Ordered  to  be  struck  out  of  the  Commission  of  the 
Peace  for  the  said  County  of  Craven. 

At  a  Council  held  at  Bath  Town  1"  of  March  17-43.  [1744]  Present 
as  before. 

Read  the  following  Petitions  for  Patents  Viz' 

Samuel  Slade  200  acres  Beaufort  County,  John  Williams  254  Craven, 
William  Bush  200  D°,  Thomas  Kearsey  400  Edgecombe,  William  John- 
son 640  D°,  Robert  Walker  250  N.  Hanover,  Benjamin  Williams  150 
Craven,  John  Fonville  200  D",  John  Scellars  400  D°,  Thomas  M'Clen- 
don  200  D",  William  Whitehead  100  Edgecombe,  William  Newens  300 
Craven,  Isaac  Dickinson  200  Edgecombe.     Granted 

Read  the  Petition  of  Samuel  Hargrove  Shewing  that  he  obtained  at 
Last  July  Court  of  Claims  a  Grant  for  Lands  in  Edgeombe  County  the 
Warrant  for  said  Land  being  in  the  name  of  Benjamin  Hargrove,  Brother 
to  the  Pef  who  since  the  Return  of  said  Warrant  is  Dead,  and  the  said 
Samuel  as  Heir  at  Law  to  the  Deceased  had  the  same  Granted  to  him  in 
his  Name,  but  by  some  mistake  in  making  out  the  Patent  for  the  same, 
the  name  of  Richard  was  inserted  in  the  room  of  Samuel,  Praying  the 
same  may  be  altered  &c 


678  COLONIAL  RECORDS. 


Ordered  tliat  the  said  Patent  be  altered  in  Council  agreeable  to  tlic 
Prayer  of  the  said  Petition  which  was  accordingly  done.  The  word  Rich- 
ard being  Erased  and  tiie  word  Samuel  written  in  the  room  thereof. 


At  a  Council  held  at  Bath  Town  5*  March  1743  [1744]  Present  as 
before. 

Eleazer  Allen  Esq'  His  Majesties  Receiver  General  of  this  Province 
Exhibited  a  Memorial  to  his  Excellency  in  Council  setting  forth  That 
he  hath  for  several  years  past  met  with  great  difficulties  and  obstructions 
in  the  Collection  of  His  Majesties  Quit  Rents  throughout  this  Province 
which  he  apprehends  arises  from  these  two  Causes 

First.  The  want  of  Currency  in  the  Southern  parts,  or  some  sufficient 
Portable  Medium  to  Enable  the  Inhabitants  to  discharge  their  Rents. 
But  chiefly 

Secondly.  A  Law  passed  in  the  year  1715  and  still  subsisting  whereby 
all  Goods  taken  into  Execution  or  in  distress  for  Quit  Rents  are  directed 
to  be  valued  by  Four  Freeholders  upon  Oath,  and  the  Creditor  obliged 
to  take  the  said  Goods  in  full  satisfaction  for  his  Debt  at  such  Value  and 
dispose  of  them  as  he  can,  to  which  Law  he  humbly  begs  leave  to  Refer 
as  he  apprehends  it  will  more  fully  convince  His  Excellency  and  the 
Honoble  Council  that  the  said  Law  seems  to  be  calculated  to  obstruct 
the  Receipts  of  His  Majestys  Revenue  arising  by  the  Quit  Rents,  and 
Render  all  Process  for  the  Recovery  of  the  same  useless 

And  he  further  begs  Leave  to  Represent  that  as  to  the  Inhabitants  of 
the  more  Northern  parts  of  the  Province  and  Particularly  of  Albemarle 
County  (formerly  so  called)  have  almost  universally  refused  the  Payment 
of  their  Quit  Rents  from  the  time  of  His  Majestys  Repeal  of  the  Late 
Quit  Rent  Law  was  published  here  whereby  a  very  Large  Arrear  is  now 
become  due  to  the  Crown,  alledging  among  other  things,  that  as  by  the 
said  Quit  rent  Law  they  were  allowed  the  Payment  of  their  Quit  rents 
in  Gold  and  silver  at  Proclamation  Standard.  And  that  as  His  Majesty 
had  not  signified  in  the  Repeal  of  the  said  Law  that  the  Quit  Rents 
should  be  paid  and  Received  in  another  manner,  They  Apprehend  they 
were  at  Liberty  still  to  Tender  their  Quit  rents  to  His  Majestys  Receiver 
in  Proclamation  money.  In  which  manner  of  Payment  he  hath  been 
often  solicited  to  receive  the  same  and  to  give  Proper  Discharges  from 
them  but  refused  as  being  dubious  how  far  it  was  consistant  with  his 
Office  so  to  do,  since  His  Majesty  had  in  his  Wisdom  thought  fit  to 
Repeal  the  said  Law 

He  therefore  begs  Leave  to  make  his  application  to  His  Excellency  in 
Council  for  his  Assistance  and  advice  in  the  Premises  To  the  End  that 


COLONIAL  RECORDS.  679 


so  large  an  arrear  of  His  Majesties  Revenue  may  no  Longer  remain 
unsatisfied  and  several  Officers  on  the  Royal  Establisiiment  for  this 
Province  may  be  paid  their  several  Proportions  of  the  same. 

His  Excellency  was  thereupon  Pleased  to  Lay  the  same  before  the 
Board  for  their  Advice  and  Opinion  of  the  Matter;  Who  on  duly  weigh- 
ing and  (ionsidering  ....  the  said  Memorial,  are  unanimously  of  Opinion 
that  the  Receiver  General  may  and  ought  to  receive  all  Quit  Rents  and 
Arrears  of  Quit  rents  now  due  to  His  Majesty  in  Proclamation  Money 
at  Proclamation  Standard 

Whereupon  His  Excellency  the  Governor  having  taken  the  advice 
and  Opinion  of  the  Board  thereon  is  also  of  opinion  that  the  said  Eleazor 
Allen  His  Majesty's  Receiver  General  may  and  ought  forthwith  to  Re- 
ceive all  Quit  rents  and  Arrears  of  Quit  Rents  now  due  to  His  Majesty 
within  this  Province  in  Gold  and  Silver  at  Proclamation  Standard  and 
give  Receipts  for  the  same  accordingly 

Read  the  following  Petitions  for  Patents  Viz' 

John  Wilkins  100  acres  Pequimons  County,  D"  200  Chowan,  John 
Williamson  300  Bladen,  Richard  Home  640  Edgecombe,  Thomas  Cun- 
ningham 200  N.  Hanover,  George  Gould  Esq"  430  Bertie.     Granted 

Read  the  Petitions  of  Julius  Caesar  Parke  and  Mary  Gale  in  these 
Words  Viz' 

North  Carolina. 

To  His  Excellency  Gabriel  Johnston  Esq'  His  Majesty's  Capt  General, 
Governour  and  Commander  in  Chief  in  and  over  His  Majesty's  Prov- 
ince of  North  Carolina  and  Vice  Admiral  of  the  same. 
The  Petition  of  Julius  Caesar  Parke  and   Mary  Gale  Most  humbly 
sheweth 

That  one  William  Reed  late  of  Pasquotank  County  deceased  was 
seized  in  his  Demesne  as  of  Fee  of  a  certain  tract  of  Land  lying  in  the 
said  County  containing  by  Estimation  Eight  Hundred  and  Fifty  Acres, 
And  Dyed  so  seized  of  the  said  Lands  together  witii  several  Negroes 
and  Stocks  of  Horses,  Sheep,  Cattle  and  Hoggs  and  Utensalls  for  Hus- 
bandry. 

That  after  the  decease  of  the  said  William  Elizabeth  his  Widow  did 
take  out  Letters  of  Administration  of  all  and  singular  the  Goods  and 
Chatties  and  Credits  of  the  said  William  Reed,  soon  afler  which  the  said 
Elizabeth  Widow  of  the  said  William  Reed  did  demise  and  to  Farm 
Let  for  and  during  the  Term  of  seven  years  the  said  Plantation  Tract  or 
Parcel  of  Land  with  six  of  the  said  Negroes,  and  all  the  stock  and 
utensells  for  Husbandry  on  the  said  Plantation  to  one  James  Briggs 


680  COLONIAL  RECORDS. 


Planter  for  the  consideration  of  Two  iiunclred  Pounds  the  first  year  and 
Three  hundred  Pounds  for  each  and  every  year  after  during  the  said  " 
Terni  to  be  paid  in  Current  money  of  the  said  Province  or  Produce  of 
tiie  Plantation  as  by  the  Lease  dated  the  first  day  of  January  1739  ready 
by  your  Petitioners  to  be  produced  to  your  Excellency  and  the  Council 
may  fully  Appear  by  Virtue  of  which  said  Lease  the  said  James  Briggs 
Entered  on  the  Premises  and  was  thereof  possessed  and  afterwards  (to 
wit)  on  the  25*  day  of  December  1740  by  his  assignment  of  that  Date 
did  assign  the  said  Lease  to  your  Pef  Mary  Gale,  as  by  the  said  Assign- 
ment ready  to  be  Produced  may  appear,  by  vii^ue  of  which  the  said 
Mary  Entered  upon  and  was  Peaceably  possessed  of  the  Premises,  after 
which  the  said  Elizabeth  Widow  of  the  said  William  Reed  having  luter- 
inarryd  with  one  M°Rora  Scarbrough  the  said  M°Rora  (as  your  Pet" 
have  great  Reason  to  believe)  wanting  to  dispossess  your  Pef  Mary  Gale 
of  her  said  Lease,  gave  Leases  of  several  parcells  of  said  Lauds  to  other 
Persons,  whereas  your  Pef  expressly  charges  the  same  to  be  included  in 
his  Lease  to  Plant  and  keep  Stock  thereon,  to  eat  up  the  herbage  and 
mast,  to  Harras  your  Pet'  Mary  Gale,  and  render  the  said  Lease  of  little 
or  no  Use  to  your  Pef  the  greatest  advantage  arising  to  your  Pef^  by  the 
said  Lease  being  by  raising  of  Stocks,  and  your  Pef  being  a  Widow  and 
unacquainted  with  the  Laws,  and  not  careing  to  enter  into  contest  at 
Law  with  the  said  Macrora  Scarbrough  (being  one  of  the  Two  Assistant 
Judges  of  the  General  Court,  and  of  great  interest  with  the  Gentlemen 
of  the  Law)  Your  Pef  for  Quietness  sake  sake  assigned  her  Term  yet  to 
come  of  the  said  Ijease  to  your  other  Pef  Julius  Csesar  Parke,  who  was 
thereof  Quietly  possessed  :  Now  so  it  is.  May  it  Please  your  Excellency 
your  Pef  dwelling  with  the  said  Julius  Csesar  Parke  on  the  said  Plan- 
tation, and  that  notwithstanding  the  said  M°Rora  Scarbrough  had  in 
Order  to  deter  the  said  James  Briggs  from  assigning  his  lease  to  the  said 
Mary  Gale  obliged  him  to  give  his  Bond  in  the  penalty  of  one  Thou- 
sand Pounds  that  the  Covenants  in  his  said  Lease  should  be  fully  and 
faithfully  performed  and  fulfilled  and  had  (after  the  said  Mary  had 
assigned  her  Term  yet  to  come  in  the  said  Land  to  Julius  Csesar  Parke) 
accepted  the  said  Julius  Csesar  for  his  Tenant  in  and  of  the  said  Lauds 
by  receiving  of  him  part  of  the  rents  due  for  the  same  as  may  appear 
by  the  said  M°Roras  receipt  to  the  said  Julius  Csesar  Parke  for  the  same 
ready  to  be  Produc^ed  by  the  said  Julius  Csesar  Parke  your  other  Pef 
the  said  M°Rora  taking  advantage  of  the  absence  of  your  Pef  Julius 
Csesar,  came  on  the  said  Lands  with  one  Thomas  Hunter  the  other  of 
His  Majesty's  Assistant  Judges  of  the  General  Court  and  also  High 
Sheriit'  of  the  County  of  Pasquotank,  and  seized  Three  Slaves  belonging 


COLONIAL  RECORDS.  681 


ti)  your  Petitioner  Mary  Gale  (the  said  Mary  not  being  tiiere  present) 
and  carryed  them  away  tho'  the  said  Mary  before  tiiey  had  earryed  the 
said  Slaves  out  of  said  Plantation  sent  and  informed  them  that  tiie  said 
Julius  Caesar  Parke  had  measured  out  a  Parcell  of  Corn  and  laid  it  by 
in  reserve  to  pay  the  Rent  due  for  tiie  said  Land  and  had  directed  her  to 
Tender  the  same  in  payment  if  the  said  M°Rora  should  in  his  absence 
call  for  the  Rent  and  desired  the  said  Scarbrough  woidd  come  and  receive 
the  same  and  discharge  the  Negroes  tlie  rent  being  payable  in  the  pro- 
duce of  the  Plantation  which  he  absolutely  refused  to  do  but  carry'd 
away  your  Pet"  Negroes,  on  which  your  Pef  Mary  Gale  followed  them 
the  said  M°Rora  and  Thomas  Hunter  to  tiie  House  of  the  said  Hunter 
and  applyed  to  him  as  Assistant  Judge  of  the  General  Court  (the  Chief 
Justice  being  at  Cape  Fear)  for  a  Writ  of  Replevin  to  Replevy  the  said 
Negroes  and  tendered  undeniable  Security  for  producing  thereof  but  the 
said  Hunter  refused  to  Grant  it,  saying  he  was  a  party  in  the  cause,  and 
immediately  thereon  (as  the  said  Mary  believes  to  terrify  her  from  seek- 
ing to  Recover  her  Negroes)  took  her  [in]  Custody  on  a  Ne  exeat  Prov- 
inciam  and  Committed  the  said  Mary  to  the  Common  Goal  'till  she  should 
give  security  in  the  sum  of  Three  Thousand  Pounds  not  to  depart  the 
Province  tho'  the  said  Mary  had  never  given  out  oc  designed  to  leave 
the  same,  And  the  said  M°Rora  Scarbrough  and  Col°  Thomas  Hunter  as 
your  Pet"  were  Informed  and  verily  believes  returned  to  the  said  Leased 
Farm  very  late  in  the  night  of  the  same  day  to  seize  or  cany  off  other 
of  the  Negroe  Slaves  belonging  either  to  your  Pef  Julius  Csesar  Parke 
or  to  your  Pef  Mary  Gale  but  were  prevented  (as  your  Pet'  were 
Informed  and  believes)  by  the  overseer  and  Slaves  hiding  themselves, 
and  the  said  Mary  having  suffered  great  hardships  in  her  confinement, 
and  being  under  great  Difficulties  no  Person  careing  to  be  her  Security 
in  so  large  a  Sum  as  was  required  to  be  given  by  the  Writ  aforesaid  fear- 
ing (as  she  verily  believes)  to  be  concerned  any  way  in  her  behalf  against 
her  Powerful  Adversaries  Your  Pef  Mary  Gale  got  away  from  Samuel 
Heigh  De])uty  Sheriff  to  the  said  Col°  Thomas  Hunter  in  Order  to  get 
up  to  Edenton  to  apply  to  your  Excellency  for  Redress  and  to  her 
Friends  to  get  Security  and  the  said  Thomas  Hunter  as  she  heard  by 
General  Report  and  believes,  further  to  intimidate  such  Persons  as  might 
Probably  (offer  to  be  her  Security)  endeavoured  to  Raise  the  Corpiis  Com- 
itahis  against  your  Pef  as  a  Person  that  stood  out  in  Contempt  of 
Authority  and  the  Laws,  but  your  Pef  having  got  to  Edenton  and  pre- 
vailed with  Abraham  Blackball  and  William  Luton  Esq"  obtained  her 
Liberty  and  Procured  a  Writ  of  Replevin  Signed  by  John  Montgomery 
Esq'  His  Majesties  Chief  Justice  of  this  Province  directed  to  the  said 
Vol.  4—86 


682  COLONIAL  RECORDS. 


Thomas  Hunter  Sherift'  of  the  County  of  Pasquotank  to  Replevy  the 
said  Negroes  but  the  said  SheriiF  hath  not  yet  returned  the  said  Negroes 
to  your  Pet'  nor  made  (as  she  is  Informed)  any  return  of  the  said  Writ, 
but  your  Pef  is  informed  the  said  Col°  Thomas  Hunter  together  with 
the  said  M°Rora  Scarbrougli  before  iier  procuring  tlie  said  Writ  got  some 
mean  and  poor  persons  to  appraise  the  said  Negroes  at  a  small  sum  of 
Money  very  much  short  of  their  true  worth  and  that  the  said  M'Rora 
Searbrough  Claims  the  Right  and  Property  of  the  said  Negroes,  and 
kept  them  in  his  Possession  by  Virtue  of  that  appraisement  for  the  Rent 
supposed  to  be  due 

Wherefore  your  Pet"  humbly  Prays  That  Your  Excelleney  and 
Honors  will  take  the  Premises  into  consideration  and  afford  your  Pet" 
such  Relief  as  to  your  Great  Wisdom  shall  seem  meet :  And  in  the  mean- 
time Dissolve  the  Writ  of  Ne  Exeat  aforesaid  in  behalf  of  your  Pef 
Mary  Gale  in  as  much  as  she  hath  no  manner  of  concern  with  the  Term 
yet  to  come  in  the  said  Lands,  And  on  the  part  of  your  other  Pef  Julius 
Caesar  Parke  in  as  much  as  he  is  a  Person  of  Interest  having  a  Settled 
Freehold  in  the  said  Province,  many  Large  Debts  and  other  Personal 
Estate  in  the  same,  it  is  highly  absurd  that  he  would  carry  out  of  the 
Country  the  Slaves  from  the  said  Farm  or  Plantation,  such  an  Act  being 
Felony  by  the  Laws  of  the  Province  and  the  said  McRora  Searbrough 
having  already  taken  sufficient  Security  from  the  said  Briggs  as  before 
mentioned  that  the  Covenants  in  the  said  Lease  shall  be  truly  performed 
and  fulfilled,  and  hath  not  made  Oath  that  the  said  Julius  Csesar  Parke 
was  indebted  to  him  And  Your  Pet"  as  in  Duty  bound  shall  ever 
pray  &c  JULIUS  C^SAR  PARKE 

MARY  GALE. 

Ordered  That  the  said  Searbrough  and  Hunter  be  Summoned  to  appear 
and  answer  the  said  Petition  on  Wednesday  next. 

Read  the  Petition  of  William  Martin  which  is  Delayed  'till  the  return 
of  John  Jordan's  Survey  is  filed  in  the  Office. 


■   At  a  Council  held  at  Bath  Town  G'"  March  1743  [1744] 
Present  His  Excellency  the  Governor. 
( Eleazer  Allen     CuUen  Pollock    '\     Esq"  Members 
The  Honoble-<  Mat.  Rowan  and  V         of  His 

(Roger  Moore      William  Forbes  j  Majesties  Council 
On    hearing   this   Day  the  Article  of  Complaint   Exhibited   by  His 
Majesties  Attorney  General  against  Isaac  Buck  Esq''  for  divers  Misde- 
meanors'by  him  Committed  in  the  Execution  of  His  Office  as  a  Justice 
of  the   Peace  for  the  County  of  Beaufort,  And  the  Attorney  General 


COLONIAL  RECORDS.  683 


in  Order  to  support  the  said  Charge  called  several  Evidences  to  prove 
the  several  Articles  complained  of  who  being  severally  sworn  and  Inter- 
rogated, and  the  said  Buck  heard  in  his  defence — His  Excellency  was 
thereupon  pleased  to  ask  the  Opinion  of  His  Majestys  Council  thereon 
Who  were  unanimously  of  Opinion  that  the  said  Articles  nor  any  of 
them  against  the  said  Isaac  Buck  are  Proved,  and  that  it  appeared  to 
them  that  the  said  Buck  was  unjustly  complained  of 

Whereupon  His  Excellency  the  Gov'  Declared  in  Council  that  the 
Evidences  produced  and  Sworn  against  the  said  Isaac  Buck  were  not 
sufficient  to  prove  the  Articles  of  Complaint  against  him.  And  thereupon 
the  said  Complaint  is  Dismissed 

At  a  Council  held  at  Bath  Towne  7'"  March  1743  [1744] 
Present  His  Excellency  the  Govei-nor 
( Nathaniel  Rice     Roger  Moore       ")     Esq"  Members 
The  Honoble<^  Eleazer  Allen       Cullen  Pollock     V  of  His 

(  Mat  Rowan  William  Forbes  J  Majestys  Council 

This  day  was  Read  again  the  Petition  of  Julius  Caesar  Parke  and 
Mary  Gale,  and  the  Parties  thereto  called  and  heard  by  their  Council, . 
And  on  hearing  the  same  His  Excellency  the  Governor,  with  the  advice 
of  His  Majesty's  Council  dissolved  the  Writ  of  Ne  Exeat  Provinciam, 
And  on  a  full  hearing  of  the  other  matters  contained  in  the  said  Peti- 
tion, The  Pet"  not  making  proof  thereof,  the  said  Petition  is  dismissed. 

At  a  Council  held  at  Bath  Towne  S""  March  1743  [1744] 
Present  His  Excellency  the  Governor 
(  Nathaniel  Rice     Roger  Moore      "j     Esq"  Members 
The  Honoble<!  Eleazer  Allen       Cullen  Pollock    V  of  His 

(Mat  Rowan  William  Forbes  j  Majesty's  Council 

His  Excellency  the  Governor  by  and  with  the  Advice  of  His  Majestys 
Council  was  pleased  to  Order  a  New  Commission  of  the  Peace  to  issue 
for  New  Hanover  County  constituting  and  appointing  Nathaniel  Rice, 
Robert  Halton,  Eleazer  Allen,  Mathew  Rowan,  Edward  Moseley,  Roger 
Moore,  William  Forbes,  Edward  Hyrne,  James  Innis,  John  Swann, 
Wiilian^  Farris,  Robert  Walker,  Thomas  Clark,  James  Hasle,  William 
Muklerey,  William  M°Koy,  George  Moore,  John  Daniel,  Charles  Har- 
rison Esq'''  Justices  of  the  Peace  for  and  within  the  said  County. 

His  Excellency  the  Governor  was  Pleased  also  (with  the  Advice  of 
His  Majesty's  Council)  to  Order  a  New  Commission  of  the  Peace  to 
issue  for  Bladen  County  constituting  and  appointing  Mathew  Rowan, 
Griffith  Jones,  Daniel  McNeil,  James  Lyon,  William  Bartram,  Samuel 
Barker,  Hector  M°Alester,  Thomas  Brown,  Benjamin  Fitz  Randolph, 
Samuel  Goodman,  John  Brooks  and  Ralph  Miller  Esq"  Justices  of  the 
Peace  for  and  within  the  said  County 


(jH4  COLONIAL  RECOKDS. 


Read  the  following  Petitions  for  Patents  Viz' 

William  Chavers  400  Edgecombe,  George  Norris  640  Craven,  John 
Carroway  200  D°,  William  Brice,  200  D°,  John  Cheeny  200  D",  John 
Smith  400  D",  Robert  Henry  320  N.  Hanover,  James  Henry  320  D°, 
Caleb  Howell  200  Beanfort,  Andrew  Wallace  200  N.  Hanover,  John 
Simpson  480  Carteret,  James  Wright  200  Onslow,  Ephriam  Vernor 
400  Bladen,  Alexander  Canaday  640  Bertie,  James  Atkins  100  Onslow, 
John  Rackley  200  Bertie,  Henry  Morrice  200  N.  Hanover,  William 
Thomas  160  D°,  John  Keen  100  N.  Hanover,  Thomas  Kennon  270  D°, 
John  Lennon  640  Bladen,  James  Wantland  150  Onslow,  Robert  West 
330  Bertie,  Elias  Stallings  600  D",  Joshua  Worley,  150  Tyrrell,  Ralph 
Mason  300  Edgecombe.     Granted 

At  a  Council  held  at  Bath  Towne  9*  March  1743.  [1744] 
Present  His  Excellency  the  Governor 

{Nathaniel  Rice     Cullen  Pollock  "j       Esq"  Members 
Eleazer  Allen  and  >  of  His 

Roger  Moore        William  Forbes  j    Majestys  Council 
Read  the  following  Petitions  for  Patents  Viz' 

Edward  Poor  200  Edgecombe,  William  Lithgow  640  N.  Hanover. 
Granted. 

Mathew  Rowan  Esq'  now  appeared  at  this  Board  and  Exhibited  his 
Answer  to  the  Representation  of  Henry  M°Cullock  Esq'  setting  forth 
That  before  this  Respondant  answers  the  Particular  Charges  laid  against 
him  in  the  Representation  of  Mr  Henry  M°Cullock  presented  to  your 
Excellency  at  the  last  Meeting  of  the  Council,  he  begs  leave  to  lay  down 
his  Majesties  Order  of  Council  Dated  the  29""  day  of  April  1736  which 
(being  the  Foundation  of  Mr  M°Cullocks  charge)  shall  also  be  the  Foun- 
dation of  his  Defence,  And  this  Respondant  would  have  been  much 
troubled  at  so  great  a  Charge  against  him,  was  he  not  concious  that  he 
has  not  swerved  from  his  Duty,  as  Surveyor  General,  and  was  he  not 
well  perswaded  that  Mr  M^Cullock  was  induced  by  other  motives  than 
those  set  forth  in  his  Representation,  to  bring  such  a  charge  against  him, 
which  this  Respondant  doubts  not  to  make  appear  fully  to  your  Excel- 
lency's satisfaction  and  his  Conviction 

By  His  Majesties  Order,  as  set  foi'th  by  Mr  M°Culloh,  tlie  Surveyor 
General  of  North  Carolina  or  his  Deputy  is  directed  to  Lay  out  and 
Admeasure  Seventy  two  Thousand  Acres  of  Land  upon  the  North  East 
Branch  of  Cape  Fear  River  from  the  second  high  BlufF  upwards  towards 
the  Point  of  Trent  River  on  the  East  side,  and  on  the  West  towards  the 
Head  of  Black  River,  And  further  directs  that  the  Lands  shall  be  laid 
out  within  the  Limits  described  in  the  said  Oi-der. 


COLONIAL  RECORDS.  685 


Now  the  Charge  against  this  Respondent  is,  that  he  lias  begun  the 
Survey  at  a  different  Place  from  tiiat  mentioned  in  the  Order,  and  at  a 
great  distance  from  it,  and  that  lie  has  not  taken  in  the  amount  of  four 
Thousand  Acres  of  the  Lands  described  in  tiie  said  Order.  This  is  the 
Charge,  a  very  heavy  one  it  is,  if  true. 

In  Answer  to  this,  this  Respondent  begs  that  your  Excellency  will 
observe,  that  his  Majestys  Order  refers  to  a  Petition  of  Mr  M°Colloh.s, 
in  which  Petition  the  Lands  are  described  to  be  scituated  upon  the  North 
East  Branch  of  Cape  Fear  River,  from  the  second  high  Bluff  upwards 
or  thereabouts;  Now  Mr  M°Culloh  artfully  left  out  the  word  there- 
abouts, because  he  well  knew,  that  the  Survey  would  appear  at  first  sight 
to  be  within  the  very  words  of  the  Order  if  that  word  appeared.  And 
as  to  the  second  high  Bluff  he  doth  not  know  that  any  Particular  Place 
at  that  Time  was  called  by  that  name 

And  this  Respondant  conceives  that  he  was  not  obliged  by  his  Maj- 
estys Order  to  run  the  said  Lands  on  both  sides  of  the  North  East 
River,  but  so  that  he  kept  within  the  Limits  described  in  the  Petition, 
and  strictly  followed  your  Excellencys  Directions,  he  did  his  Duty; 
And  your  Excellency  (if  you  will  be  pleased  to  look  over  the  Plan  of 
the  said  Lands)  will  be  convinced  that  the  whole  Survey  is  within  the 
Limits  described  in  the  Complainants  Petition :  by  which  your  Excel- 
lency may  see  how  little  Regard  the  Complainant  has  to  Truth,  when 
he  has  so  soundly  asserts,  that  this  Respondant  hath  not  taken  in  four 
Thousand  Acres  of  the  Land  described  in  the  said  Order  in  the  whole 
Survey. 

But  to  convince  your  Excellency  that  Mr  M°Cnlloh  had  no  Grounds 
for  Complaining,  this  Respondant  begs  Leave  to  give  his  Reasons  for 
surveying  the  Lands  in  the  raannor  he  did 

Before  the  Warrant  for  Surveying  the  Lands  was  delivered  to  this 
Respondant,  Richard  Evans,  by  your  Excellency's  Order  had  Surveyed 
about  twenty  two  thousand  Acres  of  Land  on  the  West  side  of  the  North 
East  River,  and  when  the  Warrant  was  delivered  to  this  Respondant  by 
your  Excellency  You  at  the  same  time  desired  him  to  go  out  upon  the 
survey  himself  and  directed  him  to  run  out  Fifty  Thousand  Acres  of 
Land,  to  compleat  the  Complement  of  Seventy  two  Thousand  Acres, 
between  the  Lands  Surveyed  by  Richard  Evans,  and  Black  River,  and 
join  the  same  to  the  Lands  already  Surveyed  by  Richard  Evans,  and 
extend  the  same  to  Black  River,  so  as  to  take  in  a  Parcel  of  Land  at 
a  place  called  Fort  neck,  and  that  this  Respondant  might  not  mistake 
the  Place,  William  Lewis  and  William  Gray  were  sent  by  your  Ex- 
cellency to  shew  this  Respondant  where  to  begin  and  when  this  Respond- 


686  COLONIAL  EECORDS. 


ant  went  out  to  run  the  said  Lands,  he  was  told  that  at  a  Place  called 
Soracte  (which  he  now  imagines  is  the  Place  called  the  second  high  Place 
in  the  Petition)  there  were  ten  Houses  built  there  (by  your  Excellency's 
Orders)  by  John  Pidcock,  William  Lewis  and  John  Porter,  so  had  good 
Reason  to  believe  the  Lands  on  that  side  were  taken  up  by  your  Excel- 
lency, and  upon  that  account,  and  because  your  Excellency  had  given 
him  such  Particular  Directions  to  run  the  Lands  as  above  mentioned  he 
did  not  take  in  any  Lands  on  that  side  of  the  River;  Neither  could  he 
go  higher  on  the  West  side  of  the  River  because  Lands  joyning  M' 
M''Cullohs  Survey  on  that  side,  were  then  laid  out  for  Reece  Evans.  So 
that  had  the  Beginning  of  this  Survey  been  wrong  this  Respondant  is 
not  answerable  for  it,  being  done  by  another  Person  by  your  Excellen- 
cy's Order. 

The  conclusion  of  the  first  Paragraph  of  the  Representation,  would 
have  very  much  surprized  this  Respondant  had  it  come  from  any  other 
man,  for  Mr  M'Culloh  knows  that  he  never  desired  nor  intended  that 
any  of  those  Lands  should  be  Extended  upwards  on  the  North  East 
River,  he  himself  having  directed  this  Respondant  (tlio'  his  Directions 
did  not  come  to  Hand  till  long  after  the  Survey  was  made)  to  Survey  an 
hundred  Thousand  Acres  of  Land  (Part  of  a  Large  Tract  of  Land 
Granted  by  His  Majesty  to  Murray  Cryrable,  James  Huey  and  others 
which  Lands  were  taken  in  their  Names,  But  for  Mr  M'Culloh's  Use) 
on  the  said  River;  not  above  three  miles  from  what  he  supposes,  Mr 
M'Culloh  calls  the  second  high  Bluff,  which  if  he  will  venture  to  deny, 
this  Respondant  is  ready  to  prove,  As  the  next  Paragraph  no  way  con- 
cerns this  Respondant,  he  shall  not  take  notice  of  it 

The  two  next  Paragraphs  contain  the  Complainant  great  care  and 
charge  in  Procuring  foreign  Protestants  to  Settle  those  Lands,  and  the 
great  and  unwarrantable  injury  done  to  him  by  this  Respondant  in 
taking  into  this  Survey  other  Lands,  which  your  Excellency  had  Ordered 
to  be  surveyed  for  him. 

The  first  Instance  of  his  care  and  Trouble  was  that  he  transported 
into  this  Province  by  one  Cap*  Ure  One  hundred  and  fifty  three  Per- 
sons; not  to  insist  upon  those  Persons  being  Irish  not  foreign  Protest- 
ants, as  the  Complainant  would  insinuate,  the  Fact  is  not  true,  as  your 
Excellency  well  knows,  and  this  Respondant  is  ready  to  prove;  for  of 
the  One  hundred  and  fifty  three  Persons,  which  came  over  in  that  Ship, 
not  above  forty  were  sent  in  by  the  Complainant,  and  but  about  thirty 
settled  on  the  Land,  all  the  rest  being  free  Passangers,  who  came  here  by 
chance  and  were  Bound  to  South  Carolina  as  by  their  Articles  with  Cap' 
Ure,  ready  to  be  Produced  and  other  Testimony  will  appear,  were  pre- 


COLONIAL  RECORDS.  6S7 


vailed  upon  to  continue  in  this  Province  by  the  liberal  Promises  made 
to  them  by  your  Excellency,  which  they  acknowledge  are  punctually 
performed  and  were  settled  above  and  contiguous  to  Evans'  Survey  by 
your  Excellencys  particular  directions,  So  that  what  Credit  the  Com- 
plainant deserves  from  your  Excellency  when  he  has  given  so  Notorious 
a  Falsity,  in  so  publick  a  manner  under  his  Hand  and  that  with  a  mani- 
fest Intent  to  impose  upon  your  Excellency,  this  Respondant  leaves  to 
your  Excellencys  Consideration. 

As  for  the  Swiss  'tis  true  that  in  the  Winter  1736  He  did  import 
from  South  Carolina  thirty  nine  Persons  and  settled  them  on  those 
Lands ;  But  'tis  as  true,  he  used  them  so  ill  and  had  so  little  Regard  to 
his  contract  with  them,  that  they  have  left  the  Land. 

But  as  to  the  great  Injury  done  by  this  Respondant  to  the  Complain- 
ant, in  taking  in  four  Thousand  Acres  of  Land  Surveyed  for  him  by 
Your  Excellency's  Order  and  Golden  Grove  in  the  Year  1735  This  Re- 
spondant avers,  that,  tho'  he  was  Surveyor  General,  he  never  heard  of 
any  such  Survey,  nor  was  there  nor  is  there  any  Warrant  for  such  a 
Survey  in  any  Office.  And  if  the  Case  is  so  tho'  the  Complainant  is  at 
a  Loss,  your  Excellency  will  be  at  none  to  Judge  by  what  Authority 
this  Respondant  took  in  those  Lands  into  the  Survey  he  made  on  Black 
Ri  ver 

In  the  next  Paragraph,  the  Complainant  appeals  to  your  Excellency, 
whether  he  did  not,  soon  after  the  Grant  and  Plot  were  transmitted  to 
him,  Object  both  to  the  Survey  and  Grant  as  issued  and  he  did  not, 
since  his  Arrival  in  this  Province  apply  npon  several  Occasions  to  your 
Excellency,  to  have  a  new  Grant  made  out  agreeable  to  the  Terms  and 
Conditions  contained  in  His  Majesty's  said  Order  of  Council. 

That  the  Complainant  not  only  acquiesed  but  was  satisfied  with  the 
Survey  is  manifest,  not  only  in  that  during  so  many  years  after  the  Sur- 
vey that  he  lived  in  Europe,  but  after  his  arrival  in  this  Province  he 
never  Complained  of  the  Survey  till  he  was  sued  by  this  Respondant 
for  his  Fees  due  to  him  so  many  years ;  and  also  by  a  Letter  wrote  bv 
him  to  this  Respondant  from  I^ondon  December  22^  1738,  ready  to  iie 
Produced,  wherein  he  says  that  he  thought  Your  Excellency  had  paid 
for  the  Survey,  and  that  he  had  theu_wrote  to  your  Excellency  to  pay  it. 

And  as  a  further  proof  of  the  Complainants  Acceptance  of  those 
Lands,  the  Complainant  has  not  only  settled  several  Families  on  the 
Lands  (tho'  most  of  them  have  been  since  forced  off  by  his  ill  usage)  but 
has  also  mortgaged  those  very  Lands  in  Europe  which  this  Respondant 
can  prove. 


688  COLONIAL  RECORDS. 


If  the  Grant  is  not  marie  out  agreeable  to  the  Terms  in  the  said  Order; 
that  no  way  concerns  this  Respondant.  But  your  Excellency  will  ob- 
serve that  he  says  that  lie  applied  upon  several  Occasions  for  a  new 
Grant,  but  does  not  pretend  to  say  he  desired  a  new  Survey,  for  the 
conditions  in  the  Grant  displeased  him  (as  he  explained  it  in  a  foregoing 
Paragraph)  not  the  Survey  which  was  to  his  Advantage  and  agreeable 
to  his  Desire 

This  Respondant  hath  he  hopes  answered  all  the  Facts  charged  in  Mr 
M°Culloh's  Representation  against  him  in  Relation  to  the  Lands  lying 
between  the  North  East  and  Black  Rivers,  to  your  Excellency's  Satis- 
faction He  shall  beg  Leave  to  make  a  few  Observations  upon  the  sev- 
eral Parts  of  his  Representation,  by  which  it  will  appear  to  your  Excel- 
lency that  the  Motives  which  induced  him  to  make  this  complaint  were 
not  that  he  thought  himself  injured,  but  that  he  intended  to  injure  this 
Respondant,  and  several  other  Persons  to  defraud  his  Majesty  of  his 
Quit  rents,  and  hinder  the  taking  up  of  his  Lands. 

Your  Excellency  well  knows  that  you  always  directed  Mr  M^Culloh's 
Affairs  in  this  Province  as  to  those  Lands  Granted  by  His  Majesty,  and 
that  by  your  particular  Directions  those  Lands  were  laid  out  in  the  man- 
ner above  said.  Your  Excellency  also  knows  that  by  Mr  M°Cullohs 
particular  direction  one  hundred  Thousand  Acres  of  Land  were  to  be 
laid  out  upon  the  Head  of  the  North  East  River  as  hath  been  already 
shewn.  It  is  then  to  be  supposed  that  this  Respondant  (who  so  care- 
fully followed  such  Directions)  intended  to  injure  him,  does  it  not  I'ather 
manifestly  appear,  that  this  Respondant,  by  going  out  upon  the  Survey 
himself,  and  running  the  Lands  according  to  your  Excellency's  Order 
intended  to  do,  and  realy  did  the  complainant  all  the  Service  was  con- 
sistent with  his  Duty 

For,  had  he  not  intended  to  serve  iiim,  he  would  not  have  resigned 
his  own  Health  by  lying  so  long  in  tiie  Woods  and  exposing  himself  to 
the  various  Changes  of  tiie  Weather  as  he  was  not  obliged  to  do,  but 
have  sent  a  Deputy  as  he  has  always  done  as  all  other  Surveyors  General 
have  done  for  others. 

And  if  there  was  anything  unwarrantable  in  this  Respondants  Pro- 
ceedings (as  he  presumes  there  is  not,  the  whole  Survey  being  made 
within  the  Limits  contained  in  His  Majestys  Order  and  your  Excellen- 
cy's Particular  Directions)  tiie  Complainant,  above  all  others,  has  no 
Right  to  complain  for  whose  Interest  those  Proceedings  were  had,  and 
who  was  the  Director  of  them,  and  so  long  acquiesced  under  them. 

Secondly.  It  should  be  observed  how  little  Regard  M'  M'Culloh  has 
to  His  Majesty's  Interest,  for  tho'  by  his  office  he  is  obliged  to  promote 


COLONIAL  RECORDS.  089 


that  by  all  Just  and  Lawfiill  means,  Yet  his  Interest  has  so  much  the 
Ascendant  of  his  Duty  that  he  has  made  it  his  constant  Practice  to  deter 
People  from  taking  up  his  Majesty's  Lands,  and  endeavored  to  frighten 
others  from  their  Settlements,  tho'  several  years  in  Possession,  by  laying 
claim  to  all  the  Lands  for  twenty  miles  above  what  really  belongs  to  him, 
threatening  Immediate  Ruin  to  any  Person  who  shall  be  so  Presumptions 
as  to  look  at  any  Lands  he  has  an  Inclination  to. 

Among  many  Instances  the  claim  he  lays  to  the  four  thousand  Acres 
of  Laud  at  the  Golden  Grove  is  one,  for  surely  he  that  by  his  Office 
ought  to  take  care  that  no  other  Person  should  Incroach  upon  the  King, 
would  not  set  such  ill  Example,  by  laying  Claim  to  any  Lands,  which 
were  never  Surveyed  for  him  for  which  he  never  had  a  Warrant,  had  his 
Majesties  Interest  the  least  Room  in  his  Heart. 

Another  Instance  of  his  Sincere  Attachment  to  His  Majesty's  Interest 
is  the  Caveat  he  has  entered  against  the  issuing  Grants  to  twenty  seven 
Persons,  who  have  the  misfortune  to  Live  upon  Land  which  he  likes. 
He  knows  he  has  got  his  full  Complement  of  Land,  and  would  never 
try  to  distress  poor  Industrious  people,  who  are  desirous  of  becoming 
the  Kings  Tenants,  but  to  force  them  to  purchase  Lands  from  him,  that 
he  may  comply  with  the  Conditions  of  his  Grant,  in  settling  such  a  num- 
ber of  Persons  on  those  Lands  which  he  has  no  Prospect  of  doing  other- 
wise. 

Thirdly.  It  should  be  observed  how  ready  M'  M°Culloh  was  to  Im- 
pose upon  his  Majesty  by  Asserting  that  the  Lands  Petitioned  for,  are 
some  hundred  miles  from  the  seat  of  Government. 

Tis  true  the  said  Lands  are  a  considerable  distance  from  Edenton,  not 
some  hundred  miles,  but  your  Excellency  well  knows,  that  the  Lands 
between  the  North  East  and  Black  i-iver  are  within  the  Heart  of  the  Set- 
tlements and  upon  the  River  which  has  the  greatest  Trade  in  this  Prov- 
ince and  not  far  from  Navigation,  and  that  a  great  Part  of  them  would 
have  been  settled  long  since,  had  not  M'  M°Cullock  by  his  Misrepresen- 
tation gained  a  Grant  of  them 

By  all  which  Facts  and  observations,  it  plainly  appears  that  M'  M°Cul- 
lock's  sole  aim  in  endeavouring  to  gain  a  new  Grant,  was  to  injure  this 
Respondant  and  Several  others  and  defraud  his  Majesty  of  His  Quit 
Rents  and  hinder  the  taking  up  of  his  Lands 

For  if  your  Excellency  should  Judge  the  Survey  void  and  Order  a 
New  Survey  to  be  made  and  thereon  Grant  a  new  Patent  to  M"'  M°Cul- 
loh  he  would  be  in  Hopes  that  as  your  Excellency  had  Judged  that  he 
had  not  done  his  Duty  in  the  Survey,  so  the  Jury  that  are  to  try  the  Issue 
in  the  Suite  brought  by  this  Respondant  against  M'  M°Culloh  for  his 
Vol.  4—87 


690  COLONIAL  RECORDS. 


Fees  for  the  said  Survey,  would  judge  he  deserved  noue  aud  give  a  ver- 
dict accordingly 

He  would  be  in  hopes  that  your  Excellency  would  Order  Several  Par- 
cels of  Land  Granted  to  other  Persons  and  several  other  Parcels,  whicli 
are  settled.  Surveyed  and  Petitioned  for  by  several  Industrious  People  to 
be  taken  into  his  Survey,  by  which  means  the  Poor  People,  who  have 
been  at  great  Expence  and  Labour  in  improving  their  I^ands  rather  than 
quit  their  Improvements,  would  agree  to  his  Terms  and  so  there  would 
be  so  many  Persons  settled  to  secure  his  Lands  which  would  be  so  great 
an  oppression,  that  your  Excellency  will  never  consent  to  it. 

He  would  be  in  Hopes  that  as  he  should  have  a  new  Survey,  so  he 
should  have  a  new  Patent ;  and  that  to  bear  date  from  the  time  of  the 
issuing  of  it.  By  which  he  would  gain  so  many  Years  Quit  Rents  from 
the  King  and  have  so  much  longer  Time  to  settle  the  Lands  according  to 
his  Grant. 

How  M"'  M°Culloh  can  reconcile  such  Actings  to  his  Conscience  this 

Respondant  is  at  a  Loss  to  think;  but  as  he  is  satisfied  that  he  hath  done 

his  Duty,  both  as  Surveyor  General  to  the  King,  and  as  a  Friend  to  M' 

M°Culloh,  he  doubts  not,  but  your  Excellency  (who  knows  most  of  the 

Facts  of  your  own   Knowledge,  and   by  whose  Particular  direction  the 

survey  was  made)  will  acquit  him  of  the  unjust  and   ungrateful  charge 

brought  against  him  and  Judge  the  Survey  agreeable  to  his  Majesties 

Orders. 

I  am  Your  Excellency's  most  obedient  Servant 

Which  was  Read  and  also  the  Answer  of  the  said  Rowans  to  the 
Representation  of  the  said  M°Culloh  in  behalf  of  Murray  Crymble, 
James  Huey  and  their  Associates  in  these  words  Viz' 

To  His  Excellency  Gabriel  Johnston  Esq"  Gov'  of  North  Carolina 

The  Answer  of  Mathew  Rowan  Late  Survey.  General  to  the  Rep- 
resentation of  Henry  M°Culloh 

May  it  Please  Your  Excellency. 

Mr  Henry  M°Culloh  sets  forth.  That  His  Majesty  by  his  Order  in 
Council  bearing  date  the  IQ*  Day  of  May  1787,  Ordered  and  Directed 
that  the  said  Murray  Crymble,  James  Huey  and  their  Associates  shall 
be  allowed  one  million  two  hundred  thousand  Acres  of  Land  to  be  sin-- 
veyed  upon  the  Heads  of  Pee  Dee,  Cape  Fear  and  Neus  Rivers,  and 
that  when  the  Surveys  were  returned,  that  the  Governour  do  grant  the 
same  to  the  Petitioners  and  their  Associates,  in  such  Proportions  as 
shall  be  required  by  them,  but  no  Grants  to  contain  less  than  twelve 
thousand  Acres. 


COLONIAL  RECORDS.  691 


If  any  Man  who  is  a  Stranger  to  Mr  M°Ciinoli,  slionld  read  his  Rep- 
resentation to  your  Excellency  on  the  above  Order,  he  would  Imme- 
diately conclude,  that  the  Surveyor  General  had  done  them  Gentlemen  a 
great  Injury,  by  running  the  Lands  by  them  Petitioned  for  contrary  to 
the  said  Order  and  their  Intentions.  But  when  Mr  M°Culloh's  whole 
conduct  in  this  Aifair  is  unravelled,  and  the  Surveyor  General's  set  in  a 
true  Light,  it  will  appear  to  every  man,  as  clear  as  the  sun  at  noon 
day.  That  Mr  M'Culloh.  has  no  regard  to  Truth  in  anything  he  says 
or  does;  and  this  Respondant,  tho'  he  knows  Mr  M'Culloh  so  well, 
cannot  help  being  surprized  at  his  great  Assurance  in  endeavouring  to 
Impose  Facts  on  your  Excellency  which  he  must  and  does  know  to  be 
false ;  but  this  Respondant  is  well  pleased  that  he  has  thereby  an  Oppor- 
tunity to  Justify  himself  to  the  World. 

In  the  first  Paragraph  of  the  Representation  of  Mr  M'Culloh  to  youi- 
Excellency  he  accuses  this  Respondant  for  making  any  Survey,  without 
being  first  directed  by  the  parties  concerned  in  what  Proportion  and 
in  whose  names,  the  Surveys  and  Plots  were  to  be  returned  and  what 
Proportion  of  Lands  were  to  be  Surveyed  upon  the  Heads  of  those 
Rivers  respectively 

The  Second  Paragraph  contains  what  he  calls  the  Practice  of  the  Sur- 
veyors of  the  American  Provinces  on  such  occasions,  and  in  a  clause  in 
a  Law  of  this  Province  directing  their  Method  to  used  in  Surveying 
Lands  under  certain  Penalties 

Now  if  it  appears  to  your  Excellency  that  this  Respondant  was 
directed  by  the  only  Party  concerned,  when,  where  and  how  to  Survey 
the  said  Lands  before  he  entered  on  the  said  Survey  that  he  Returned 
the  Surveys  and  Plots  in  their  names,  in  whose  Names  only  he  could 
justify,  returning  them  and  run  those  Lands  out  in  such  Proportions  on 
the  Heads  of  those  Rivers  as  only  could  be  done  agreeable  to  His  Maj- 
esty's said  Order  of  Council,  then  this  Complaint  will  appear  to  be  only 
groundless  Noise  and  Clamour. 

To  Set  this  Matter  in  a  clear  Light  Your  Excellency  will  be  pleased 
to  Observe  how  artfully  Mr  M°CuIloh  has  changed  the  Order,  For. the 
Order  is,  That  the  Surveyor  General  or  his  Deputy  Sheriff  shall  lay  out 
and  Survey  the  said  one  million  two  hundred  thousand  Acres  of  Land 
upon  the  Heads  of  the  Pee  Dee,  Cape  Fear  and  Neus  Rivers,  in  twelve 
different  Parcels  of  one  hundred  thousand  each ;  that  those  twelve  Par- 
cels be  laid  out  as  contiguous  as  may  be,  but  none  of  them  to  be  at  a 
greater  Distance  than  ten  miles  from  some  of  them,  that  those  twelve 
Parcels  so  surveyed  be  Granted  by  the  Governour  to  the  Petitionei-s  and 
their  Associates  in  such  Proportions  as  shall  be  required  by  them  Imt  no 
Grant  to  contain  less  than  twelve  thousand  Acres  &c 


692  COLONIAL   RECORDS. 


By  the  Order  as  set  forth  by  Mr  M°Cullock  it  is  and  may  be  implied 
that  the  Surveyor  General  ought  to  have  Surveyed  those  liands  in  such 
Proportions  as  the  Petitioners  should  direct;  but  by  His  Majesty's  Order 
it  is  quite  otherwise  for  the  Surveyor  General  was  Ordered  to  Lay  out 
the  said  Lands  into  twelve  Parcels  of  one  hundred  thousand  Acres 
each,  and  then  the  said  twelve  Parcels  being  so  Surveyed  (observe  the 
words)  your  Excellency  was  to  grant  to  the  Petitioners  in  such  Propor- 
tion as  they  desired,  not  less  than  twelve  thousand  in  one  Grant,  so  that 
the  Surveyor  General  was  tyed  up  to  the  Number  of  Acres  in  each  Par- 
cel, not  left  at  Liberty  to  follow  the  Directions  of  the  Petitioners.  Tis 
true  the  Petitioners  were  at  Liberty  to  take  up  the  whole  in  what  Quan- 
tity they  Pleased  so  that  no  Parcel  was  under  twelve  thousand  Acres; 
but  that  was  another  Service,  left  to  the  Surveyor  Generals  ordinary 
Business,  which  he  was  not  obliged  to  do  without  a  Particular  Request 
from  the  Petitioners,  and  without  he  was  paid  particularly  for  doing  it. 

This  Respondent  having  cleared  his  way  by  laying  his  Majesties  Order 
before  your  Excelleucy  as  it  realy  is  proceeds  to  answer  M'  M'Culloh's 
Complaint 

Tho'  the  Petition  to  His  Majesty  w£\s  in  the  Names  of  Murray  Crym- 
ble,  James  Huey  and  others,  and  his  Majesties  Order  accordingly,  yet 
those  Gentlemen  Acted  only  for  M'  M°Culloh,  and  were  to  have  a  cer- 
tain Proportion  of  Land  for  their  Trouble  they  paying  a  proportionable 
Part  of  the  Fees  and  Charges  to  M'  M°Culloh.  This  plainly  appears  to 
your  Excellency  by  M"'  M'Cullock's  Letter  to  your  Excellency  and  also 
by  a  Letter  from  Murray  Crymble  to  this  Respondaut  from  London  the 
IS""  of  January  1738,  Ready  to  be  Produced.  And  as  a  further  con- 
firmation that  this  is  the  Truth  of  the  Case,  M'  M°Culloh  has  mort- 
gaged Eight  Hundred  and  fifty  thousand  acres  of  the  said  Lands  to 
Arthur  Dobbs  of  the  Kingdom  of  Ireland  Esq'  a  Copy  of  which  Mort- 
gage this  Respondant  can  Produce,  when  your  Excellency  can  command 
the  same. 

Now  as  the  Kings  Order  was  in  the  Names  of  those  Gentlemen  it  was 
necessary  in  Order  to  Enable  M'  M°Culloh  to  transact  this  Affair,  that" 
they  should  convey  the  said  Lands  to  him  which  they  accordingly  did. 
When  the  said  Conveyance  was  perfected,  and  the  whole  affair  was  in 
M'  M°Culloh's  Hands,  he  then  by  his  Letter  to  your  Excellency  to  whose 
care  it  was  committed,  Directed  the  Survey  to  be  made,  and  your  Excel- 
lency delivered  the  Warrant  to  this  Respondant,  and  Ordered  him  to 
Survey  the  said  Lands,  and  that  M'  M'Culloh's  Interest  might  be  taken 
care  of,  and  the  Sin-vey  made  with  the  greatest  Diligence  and  Exactness, 
desired  this  Respondant  to  go  out  himself,  and  to  Search  well  for  good 


COLONIAL  RECORDS.  693 


Lands,  and  Especially  the  forks  of  Pedee  River,  and  to  run  out  as  far 
as  to  the  Westward,  as  he  could  find  I^ands  convenient  and  promised  him 
that  he  should  be  well  Paid  for  iiis  Trouble  in  finding  out  the  said 
Lands,  over  and  above  his  Fee  and  Charges,  This  Respondant  to  serve 
M'  M°Cullock  went  out  accordingly.  That  this  is  true  your  Excellency 
well  knows,  and  will  do  me  the  Justice  to  acknowledge  so  that  as  this 
Respondant  had  Directions  from  your  Excellency  under  whose  care  it 
was  for  M'  M°Cul]oh,  he  may  venture  to  say  he  had  Directions  from  the 
Party  solely  concerned. 

But  that  this  Respondant  was  to  take  any  Directions  from  any  Person 
in  whose  Names  to  Return  the  Surveys  and  Plots  this  Respondant 
utterly  denies;  for  as  he  had  the  Kings  Warrant  he  could  return  the 
Surveys  and  Plots  only  in  the  Names  of  those  Persons  named  in  the 
said  Warrant. 

As  to  the  Proportion  of  the  Lands  to  be  surveyed  upon  the  Heads  of 
those  Rivers  respectively,  this  Respondant  conceives  he  was  not  obliged 
to  have  any  Regard  to  any  Private  agreement  made  between  those  Gen- 
tlemen (if  there  was  any  such)  if  the  said  Agreement  was  contrary  to  his 
Majestys  Instructions  which  this  Respondant  was  obliged  to  obey. 
And  it  will  appear  by  comparing  the  Survey  with  the  Warrant,  that 
this  Respondant  has  punctually  followed  his  Majesty's  Orders,  and  Your 
Excellencys  Directions;  for  he  has  Surveyed  one  million  two  hundred 
thousand  Acres  of  Land  as  near  the  Heads  of  the  said  Rivers  as  he 
could  find  Lands  Plantable  and  convenient  in  Seperate  Tracts  of  One 
Hundred  thousand  Acres  each  and  in  less  Quantities  he  could  not  return 
them ;  and  none  of  them  are  at  a  greater  Distance  from  some  of  them 
than  ten  miles  except  one,  which  could  not  be  brought  nearer  than  it  is 
because  the  Property  of  other  Persons  intervened,  which  His  Majesty 
had  taken  special  care  of. 

The  two  next  Paragraphs  contain  a  formall  story  of  Mr  M°Cullohs, 
for  the  Truth  of  which  we  must  rely  on  that  Gentleman's  own  Integ- 
rity:  a  Specimen  of  which  he  gives  in  the  two  next  Paragraphs  where 
he  roundly  asserts,  that  this  Respondent  went  hastily  upon  the  Survey 
without  any  Directions  from  any  Person  authorized,  which  Your  Excel- 
lency knows  to  be  wide  from  the  Truth,  as  this  Respondent  hath  already 
shewed,  and  in  the  next  Place  he  says  (which  is  much  to  be  doubted) 
that  he  was  credibly  informed  that  this  Respondent,  and  Capt  Wood- 
ward being  apprehensive  that  a  Survey  would  soon  be  appointed  from 
home  prevailed  at  last  with  Your  Excellency  to  deliver  them  his  Majes- 
ty's said  Order  of  Council,  as  a  matter  properly  belonging  to  them,  and 
to  be  in  their  Custodv. 


694  COLONIAL  RECORDS. 


Whether  at  Capt  Woodwards  request  Your  Excellency  was  prevailed 
with  to  deliver  His  Majestys  Order  of  Council  to  this  Respondent,  he 
ivnows  not,  but  has  Reason  to  believe  the  Contrary,  Capt  Woodward 
having  assured  him  he  never  spoke  to  Your  Excellency  about  it;  for  his 
own  Part  he  doth  aver  that  he  did  not  know  that  the  said  Order  was  in 
the  Province  nor  did  he  ever  ask  for  it,  but  it  was  shewn  and  delivered 
to  him  at  the  same  time  at  his  own  House  by  Your  Excellency  which 
Your  Excellency  will,  I  doubt  not,  acknowledge. 

In  the  next  Paragraph,  Mr  M°Calloh  accuses  this  Respondant  of 
Preventing  the  Execution  of  His  Majesty's  said  Oi'der  of  Council  by 
making  the  Survey  without  Directions  as  above  said,  and  also  by  enter- 
ing a  Caveat  to  the  great  Loss  and  Damage  of  the  Gentlemen  concerned. 

The  first  Part  this  Respondant  hath  already  answered,  and  as  to  the 
Caveat  surely  he  had  a  Right  to  enter  it,  if  he  had  good  Reason  for  it, 
and  he  thinks  he  is  warranted  therein  by  his  Majesty's  said  Order  in 
Council,  wherein  tis  laid  down  as  one  Part  of  the  Condition  of  Granting 
the  said  Lands ;  that  the  Petitioners  &c.  Do  pay  the  usual  Fees  for  Sur- 
veying and  passing  the  said  Grants  of  the  said  Tracts.  And  if  those 
Gentlemen  have  any  Loss  and  Damage,  it  is  wholly  owing  to  Mr  M°Cul- 
loh  who  has  not  taken  one  step  toward  obtaining  Grants  from  the  said 
Lands,  and  who  will  not  pay  the  Fees  and  Charges,  witliout  which  he 
cannot  expect  Grants. 

In  the  last  Paragraph,  Mr  M°Culloh  (out  of  his  great  concern  for  the 
Interest  of  Murray  Crymble,  James  Huey  and  their  Associates  whose 
Agent  he  pretends  to  be,  and  iiopes  he  has  made  your  Excellency  believe 
he  is  so)  Humbly  insists  that  your  Excellency  will  allow  and  Direct  that 
His  Majestys  said  Order  of  Council  shall  operate  in  the  Manner  and 
upon  the  terms  and  Directions  therein  contained;  and  for  his  own  Jus- 
tification, You  will  allow  him  to  offer  such  Evidence,  as  may  be  neces- 
sary to  support  the  Allegations  in  his  Representation,  and  Order  the 
Proceedings  in  Relation  to  this  Affair  to  be  entered  at  Large  by  the  Sec- 
retary, and  a  Copy  of  them  delivered  to  him  under  the  great  Seal  of  this 
Province,  that  the  Gentlemen  concerned  may  not  be  barred  from  taking 
such  Measures,  as  may  be  necessary  to  Support  their  claim  at  this  Junc- 
ture 

His  Prayer  to  your  Excellency  this  Respondant  will  not  oppose, 
Provided  he  pays  the  Fees  and  Charges,  as  he  ought  to  do.  And  this 
Respondent  joyns  with  him  in  his  Petition  that  the  Proceedings  may  be 
entered  at  Large,  not  only  that  those  Gentlemen  may  have  Justice  done 
them,  but  also  that  his  Majesty  may  see  iiow  his  gracious  Bounty  is 
abused,  and  this  Province  injured  by  the  ill  use  Mr  M^Culloh  has  made, 
and  still  makes  the  Trust  reposed  in  him. 


COLONIAL  RECORDS.  695 


And  this  Respondant  will  be  glad  to  see  the  Evidence  which  M'  M"Cul- 
loh  intends  to  oifer,  because  he  doubts  not,  but  that  very  Evidence,  (if 
any  thing  to  the  Purpose)  will  convince  Your  Excellency  and  the  whole 
world  of  M""  M°Culloh's  Insincerity,  and  that  this  Respondant  has  in 
every  Respect  done  his  duty. 

Before  this  Respondant  concludes  he  begs  Leave  to  make  a  few  remarks 
on  M'  M°Cnlloh's  Petition  to  His  Majesty  and  his  Representation  to  your 
Excellency 

One  Reason  to  Induce  his  Majesty  to  Grant  the  Lands  Petitioned  for 
was  that  it  would  be  of  great  Service  to  this  Province  to  make  a  Settle- 
ment in  that  Part  of  it  not  only  as  it  would  be  a  Security  to  them  from 
the  Excursions  of  the  Indians  but  also  as  it  would  be  any  Encourage- 
ment to  the  Settling  those  vast  Tracts  of  Land  lying  between  the  Lands 
taken  up  and  the  Settlements  and  also  a  means  of  increasing  the  Trade 
of  this  Province  and  His  Majesty's  Rents. 

Those  Reasons  this  Respondant  allows  to  be  good  and  the  Design 
might  have  been  answered,  had  M"  M'CuUoh  Performed  his  Part,  but 
he  had  no  such  view,  for  he  had  no  Intent  to  go  so  far  back  as  those 
Lands  are  Surveyed ;  One  great  Complaint  of  his  being  that  they  are 
laid  out  too  near  the  Cutauboes,  as  this  Respondent  can  Prove,  and  those 
Lands  being  Surveyed  serve  M''  M°Culloh  for  Pretence  to  keep  all  Persons 
from  Running  out  Lands  between  them  and  the  Settlements,  for  if  thev 
desire  any  of  those  Lands  already  Surveyed,  he  says  they  are  his  and  if 
they  would  have  of  the  Lands  nearer  the  Settlement,  he  says  they  ought 
to  be  surveyed  for  him,  and  that  he  will  get  them  taken  into  his  survey, 
so  that  all  that  great  and  fine  Part  of  this  Province  must  remain  uncul- 
tivated and  consequently  Trade  and  his  Majesty's  Rents  unimproved,  till 
M'  M'Culloh  Pleases  to  take  out  his  Grants,  for  which  he  is  in  no  haste. 

Tis  true  those  Lauds  are  at  a  distance  from  Edenton,  but  at  no  con- 
siderable distance  from  Cape  Fear  where  the  greatest  Trade  of  this 
Province  is  carried  on,  and  tis  well  known  to  your  Excellency  that  had 
those  Lands  been  free  for  any  Person  to  take  up,  a  great  Part  of  them 
had  been  settled  befoi'e  this  Day ;  for  not  to  mention  every  particular 
Person  Your  Excellency  knows,  that  one  Col°  Simmons  of  Virginia 
oifered,  if  those  Lands  were  declared  Vacant,  so  that  he  might  take 
part  of  them  up  to  settle  three  hundred  Persons  on  them  in  one  vear 
and  to  pay  Quit  Rents  yearly  from  the  Date  of  the  Grant,  From  hence 
it  appears  that  the  Frontiers  are  uot  Secured,  The  Trade  and  Quit  Rents 
not  increased,  but  on  the  contrary,  both  are  extreamly  Injured  bv  the 
taking  up  vast  Tracts  of  Land,  wiiich  has  hindrod  many  Persons  from 
taking  them  who  would  have  Improved  the  trade  the  trade  and  increasetl 
the  Quit  Rents. 


696  COLONIAL  RECORDS. 


Your  Excellency  will  observe  that  Mr  M^Culloh  mentions  a  Private 
Agreement,  made  between  Murray  Crymble,  James  Huey  and  their 
Associates,  where  and  in  what  manner  those  Lands  should  be  run  and 
that  he  gave  your  Excellency  notice  thereof  as  he  was  Trustee  for  them 

Your  Excellency  (who  knows  that  Mr  M'Culloh  was  the  real  Proprie- 
tor of  those  Lands,  and  that  those  Gentlemen  were  no  further  concerned 
than  as  they  were  to  have  one  hundred  thousand  Aci-es  each  for  their  care, 
Paving  to  Mr  M°Culloh,  a  Proportionable  Part  of  the  Fees  and  Charges, 
and  that  their  names  were  made  use  of  to  serve  Mr  M°Culloh)  will  nat- 
urally Judge  that  the  Agreement  mentioned  by  him  was  a  Scheme  of 
his  own  for  running  out  of  the  said  Lands,  as  he  thought  he  could  best 
make  a  Penny  of  them.  And  to  put  this  out  of  all  Doubt  this  Respondent 
must  put  your  Excellency  in  mind  of  the  Map  of  this  Province  sent 
over  to  this  Respondent  by  Mr  M°Culloh  whereon  he  describes  the 
Places  where  he  would  have  them  Lands  run  by  Lines  drawn  up  on 
said  Map ;  which  Map  did  not  come  to  this  Respondants  hands  till  the 
Survey  was  finished,  but  had  the  Lands  been  run  according  to  that 
Scheme,  many  Families  that  were  then  Settled  and  pay  his  Majestys 
Quit  rents  must  have  left  their  Settlements,  and  gone  to  some  other 
Colony  to  seek  Habitation,  or  which  is  worse  have  submitted  to  such 
Terms  as  Mr  M'Cullock  would   have  been   pleased  to  have  given  them. 

And  those  are  the  Directions  which  Mr  M°Culloh  means  in  his  Rep- 
resentations, for  this  Respondent  never  heard  of  any  other 

How  can  Mr  M°Culloh  (who  by  his  OfSce  is  obliged  to  take  care  that 
his  Majesty  is  not  Injured  in  his  Revenues,  and  ought  to  see  that  all 
Persons  who  run  out  Lands  by  Warrants  from  the  King  or  Your  Excel- 
lency should  take  out  their  Grants  in  due  Time,  that  his  Majesty's  Quit 
Rents  may  be  paid)  Delay  so  many  years  to  take  Grants  for  those  Lands, 
by  which,  if  Mr  M^CuUoh's  Grants  are  to  be  dated  from  the  Time  of 
tiieir  issuing;  and  not  frtmi  the  Return  of  tlie  Survey  His  Majesty  will 
be  defrauded  of  ten  thousand  Pounds  Sterling  of  his  Quit  Rents,  and 
can  ill  Example  be  shewn  to  others  to  do  the  like 

It  may  be  observed  those  Lands  were  to  be  Surveyed  in  twelve  Par- 
cels, not  less  than  One  hundred  thousand  Acres  each,  but  the  Petitioners 
had  a  Right  to  have  the  said  Parcels  so  Surveyed,  Granted  to  them  in 
any  Proportion,  so  that  no  Grant  contained  less  than  twelve  thousand 
Acres;  but  then  all  Grants  ought  to  be  made  Immediately  upon  Return 
of  the  Surveys  and  to  bear  Equal  Date  with  each  other,  which  Implys 
that  they  ought  to  have  applied  immediately  after  the  Return  of  the 
Survey  for  their  Grants  otherwise  it  could  not  be  presumed  your  Excel- 
lency could  know  in  what  Proportion  they  desired  them. 


COLONIAL  RECORDS.  697 


This  Respondent  cannot  help  taking  notice  how  Mr  M°Culloh  having 
in  the  year  1735  taken  up  some  large  Tracts  of  Land  to  the  Amount  of 
fifty  four  thousand  Acres,  in  the  names  of  Divers  Persons  then  and  now 
unknown,  and  the  same  Lands  being  immediately  chargeable  with  His 
Majesty's  Quit  Rents,  be  sold  Part  of  them  to  some  Gentlfemen  in  Ire- 
land who  were  his  Particular  acquaintance,  and  depended  on  his  Friend- 
ship and  Integrity,  for  some  thousand  of  Pounds  Sterling  u])on  the  great 
assurance  he  gave  tiiem  that  the  Lands  were  exceedingly  Rich,  and  uj)on 
navigable  Rivers;  but  the  Purchasers  were  miserably  disappointed,  the 
Lands  he  sold  them  being  mostly  broken  and  at  a  Considerable  Distance 
from  Navigation 

But  to  make  them  some  amends  for  so  gross  an  Imposition,  or  for 
some  other  Reason  best  known  to  himself  (tho'  by  his  Office  of  Inspector 
General  of  His  Majesty's  Rents  and  Revenues,  he  is  obliged  to  take  care 
that  His  Majesty  is  not  defrauded)  he  has  connived  at  the  Purchasers 
Paying  no  Quit  Rents,  for  none  of  them  (Except  Arthur  Dobbs  of  the 
Kingdom  of  Ireland  Esq'  who  purchased  six  thousand  Acres  of  them 
Lands  and  has  constantly  Paid  His  Majesty's  Rents  for  the  same)  have 
ever  paid  one  shilling  to  His  Majesty  for  the  Rents  of  their  Lands; 
neither  has  he  himself  paid  Rents  for  the  Lands  he  holds  Waste  in  his 
hands,  and  which  are  likely  to  be  Waste  to  the  great  Detriment  of  this 
Province,  till  he  can  find  some  intimate  Friends  to  purchase  them.  Nor 
can  the  Receiver  General  remedy  this  Evil  there  being  no  Distress  to  be 
found  on  the  said  Lauds,  and  the  Persons  in  whose  Names  they  are  taken 
up,  not  being  in  the  Province.  And  after  this  even  while  he  was  solicit- 
ing an  Imployment  under  the  Crown,  he  exposes  those  Lands  mentioned 
in  his  Majestys  Order  of  Council  to  Sale  in  all  Pacts  of  Europe,  Promis- 
ing Golden  Showers  to  the  Purchasers  and  actually  sold  Part  of  them, 
but  failed  of  selling  more,  most  people  looking  upon  it  as  a  Bubble, 
because  they  had  heard  how  he  had  used  his  Particular  Friends  before. 

I  must  observe  that  the  exposing  those  Lands  to  Sale  in  so  open  a 
manner  was  not  only  an  abuse  of  his  Majesty's  most  gracious  Bounty, 
but  a  very  great  Injury  to  this  Province,  for  People,  suspecting  that 
some  Fraud  was  intended  by  such  large  Encomiums  and  Promises,  would 
not  purchase;  So  that  instead  of  sending  over  great  Numbers  of  foreign 
Protestants  to  settle  those  Lands  as  was  expected.  People  who  were  Realy 
desirous  of  Settling  in  this  Province  were  deterred  from  coming  over 
(Especially  after  they  heard  how  Grosely  M'  M^Culloh  had  imposed  on 
those  for  whom  he  Professed  a  strict  Friendship,  by  which  means  those 
Lands  lie  Wast,  to  the  great  Loss  of  His  Majesty  and  this  Province, 
Vol.  4—88 


698  COLONIAL  RECORDS. 


And  this  Respondent  liad  good  Reason  to  believe  that  those  Lands  will 
never  [be]  settled,  till  they  are  declared   free  for  any  Person  to  take  np. 

Had  not  Mr  M°Culloh  some  secret  Reason  to  Displeased,  which  he 
does  not  care  to  avow  he  would  not  cavil  at  a  Million  of"  Acres  being 
surveyed  on  Pe  Dee  and  the  Branches  thereof,  not  in  one  Tract  (as  he 
has  set  forth)  but  in  ten  Tracts  distinguished  by  Metes  and  Bounds;  for 
this  Respondant  surveyed  those  Lands  on  that  River  because  he  was  di- 
rected by  your  Excellency  to  take  them  up  as  far  the  Westward  as  he 
could  and  that  was  the  most  Western  of  the  three  Rivers  in  his  Majes- 
ty's said  Order;  But  to  avoid  paying  the  Fees  and  Charges  for  which 
he  expects  to  be  sued,  and  to  gain  a  Longer  Time  for  settling  the  Lands, 
which  he  has  now  no  Prospect  of  doing  and  that  he  may  have  some  Ex- 
cuse for  not  Paying  His  Majesty's  Rents  according  to  contract,  he  would 
lay  hold  on  any  Expedient,  which  he  thinks  will  serve  his  Purpose. 

But  as  Your  Excellency  knows  that  this  Respondent  has  strictly  pur- 
sued His  Majesty's  Orders  and  Your  Excellency's  Directions,  and  has 
surveyed  and  returned  the  Lands  in  His  Majesty's  said  Order  of  Coun- 
cil near  six  Years,  he  doubts  not  but  that  Your  Excellency  will  oblige 
Mr  M'Culloh  to  pay  this  Respondent  his  just  fees  and  Charges,  and  take 
out  his  Grants  for  the  said  Lands,  and  that  His  Majesty  may  not  be  de- 
frauded of  his  Rents,  and  that  the  Grants  may  bear  Date  for  the  Return 
of  the  Survey.  And  also  that  this  Province  may  no  longer  suffer  by 
retarding  the  further  Settling  thereof 

This  Respondent  begs  Leave  to  conclude  with  putting  your  Excel- 
lency in  mind  of  the  great  Charge  he  was  at  in  hiring  people  to  go  with 
him  to  search  for  and  survey  those  Lands  and  in  Providing  necessaries 
for  them  and  Horses  to  carry  them  ,  And  the  great  many  Hardshijis  and 
Difficulties  he  went  thro',  not  only  occasioned  by  the  varicnis  Changes  of 
the  weather,  the  many  great  Swamps  he  crossed,  but  also  for  the  want  of 
Provisions  being  reduced  to  a  great  scarcity  of  Victuals,  and  no  Liquor 
before  he  could  regain  the  Settlements. 

I  am  May  it  Please  Your  Excellency 

Your  Excellencys  Most  Humble  and  Most  Obedient  Serv' 

MAT:  ROWAN. 

M'  Rowan  thereupon  moved  that  he  might  have  a  Copy  of  the  said 
M'  M°Culloh's  Representations,  And  his  answer  thereto  under  the  Seal 
of  the  Colony  duly  attested  which  was  Accordingly  Ordered. 

Robert  Halton,  Mathew  Rowan,  William  and  George  Gould  Esq" 
Four  of  the  Five  Com  miss"  appointed  by  His  Excellency  the  Governor 
for  and  in  behalf  of  His  Majesty  for  allotting  and  setting  out  in  Con- 
junction with  the  like  Number  appointed  by  the  R'  Honoble  John  Lord 


COLONIAL  RECORDS.  tm 


Carteret,  One  full  and  Jintire  part  of  the  Province  of  Carolina,  now 
Exhibited  their  Several  Aceounts  of  Expences  attending  this  Service 
pnttino;  in  Execution  His  Majesty's  said   Orders  which  were  as  follows. 

ROBERT    HALTON    ESQ'    HIS    At'C(j' 

To  21  days  wages  at  20"  "^  day  £21    —    — 

To  21  days  expenses  &  Servt'  10.   10    — 

To  paid  on  account  Chain  Carriers  —      4.   7i 


GEORGE    GOULD    ESQ''    HIS    ACCO' 

To  3  days  Expences  at  Edenton 

To  16  days  Wages  for  a  Servant 

To  14  days  Wages  for  myself 

To  hire  of  a  Vessell  and  Expences  at  the  Bank 

To  Bills  paid  man  &  Wallis  in  the  Voyage 

To  22  Days  Wages  on  the  Line 

To  22  Days  Expences 

To  money  paid  Chain  Carriers  as  "p  Re' 

To  money  p''  Duncan  for  maintaining  Chain  Carriers 

C 

By  5  GalP  of  Rum  left  at  the  Store 
Bv  2  Loaves  of  Sugar 


Ball''  due  to  G.  Gould 


£31.  14.  7^- 

MAT"    ROWAN    ESQ"^    HIS    ACCO' 

To  21  days  wages  at  20'  f  day                                                  £21  —  — 

To  21  days  expences  &  Serv*^                                                     10  10  — 

To  paid  on  Acco'  of  Chain  Carriers                                             —  -i  ^i 


£31.   14.  7i 


WIEEIAM    FORBES    ESQ'  HIS    ACCO' 

To  21  Days  Wages  at  20"  per  day  £21    —  — 

To  21  Days  Expences  and  Servants  10.   10  — 

To  paid  on  Acco'  of  Chain  C'arriers  —      4.  7' 


£31.   14.  7* 


£   1. 

10 

— 

1. 

12 

— 

14. 

— 

— 

9. 

1. 

4 

1. 

8. 

— 

22. 

— 

— 

11. 

— 

— 

4. 

16 

— 

1. 

13. 

H 

£(37. 

— 

r>h 

£  2 

— 

— 

2 

— 

— 

£  4 





63 

— 

5i 

£67    —    oh 


700  COLONIAL  RECORDS. 


His  Excellency  the  Governor  was  thereupon  pleased  to  Lay  the  same 
before  the  Board  for  their  approbation  and  Allowance.  Who  having 
examined  the  several  Articles  contained  in  their  Respective  Ac<;°'  find 
the  same  to  be  agreeable  to  the  Order  of  this  Board  of  the  —  November 
last  for  Settling  the  Wages  and  Expences  of  the  said  Commissioners 
during  the  said  Service  in  Carrying  His  Majesty's  said  Orders  into  Exe- 
cution which  being  done  as  they  apprehend  agreeable  to  His  Majestys 
Royal  Instructions  and  attended  with  no  small  fatigue  and  difficulty. 
The  Board  were  thereon  of  Opinion  that  the  said  Acco''  are  very  Just 
and  Reasonable 

Wherefore  His  Excellency  the  Governor  in  Pursuance  of  His  Majes- 
ty's Royal  Order  and  Instruction  was  pleased  to  Order  a  Warrant  to  be 
directed  to  Eleazer  Allen  Esq''  His  Majestys  Rec'^  General  or  the  Rec' 
General  for  the  time  being  of  this  Province  to  be  signed  by  His  Excel- 
lency and  the  Council  for  paying  the  said  Commissioners  the  sum  of  one 
hundred  and  Fifty  eight  Pounds  four  shillings  and  four  pence  Sterling 
being  the  amount  of  their  several  Acco''  as  above 


The  Honoble  ■ 


At  a  Council  held  at  Newbern,  4  July  1744 

Present  His  Excellency  the  Governor 
f  Robert  Halton       Edward  Moseley  1    Esq"  Members 
'\  Mathew  Rowan     Roger  Moore        J         of  Council 

His  Excellency  acquainting  the  Council  that  he  had  Convened  them 
at  this  time  to  take  their  Advice  how  to  put  His  Majesty's  Province  into 
the  best  posture  of  Defence  on  the  Late  Declaration  of  War  made  by 
His  Majesty  against  France 

The  Council  were  of  Opinion  That  it  would  be  proper  to  Issue  Writs 
for  Electing  Members  of  Assembly,  to  sit  at  such  time  and  place  as  his 
Excellency  shall  judge  convenient 

That  as  Cape  Fear  River  is  most  likely  of  any  Place  in  this  Province 
to  be  attacked  by  the  Enemy.  That  His  Excellency  would  be  pleased  to 
appoint  Proper  Persons  to  view  Cape  Fear  River  and  to  discover  the 
most  convenient  places  to  Erect  Fortifications  and  Batterys  for  the  de- 
fence of  that  river  And  that  the  same  be  Erected  and  built  with  all  con- 
venient expedition 

That  his  Excellency  be  desired  to  use  his  Interest  to  have  Cannon  and 
Warlike  Stores  to  be  sent  from  Britain  for  such  Forts  and  Batteries. 
And  that  in  the  mean  time  his  Excellency  would  be  pleased  to  use  his 
Interest  with  the  Governour  of  South  Carolina  that  Cannon  may  be  had 
from  thence  for  the  said  Forts  and  Batteries 


COLONIAL  RECORDS.  701 


Wliereiipon  his  Excellency  was  pleased  to  declare  in  Council  that  he 
would  Issue  Writs  for  Electing  Members  of  Assembly  to  be  chosen  the 
24""  day  of  August  next  Ensuing  to  meet  at  Xewbern  the  most  Central 
Town  in  the  Province. 

His  Excellency  was  also  pleased  to  apjioiiit  the  Members  of  His  Maj- 
esty's Council,  or  the  Major  Part  of  them  to  view  the  most  convenient 
places  on  Cape  Fear  River  for  Erecting  Fortifications  and  Batteries  for 
the  Defence  of  that  River  and  to  build  or  cause  the  same  to  he  built  in 
the  most  Expeditious  and  frugal  manner. 

It  is  further  Ordered  by  his  Excellency  That  the  Major  part  of  the 
Members  of  His  Majesty's  Council,  residing  at  and  near  Cape  Fear 
River  shall  have  Power,  and  they  are  hereby  Irapowered  by  his  Excel- 
lency in  Council  to  take  all  proper  Methods  for  the  Defence  and  Secu- 
rity of  those  Parts  of  his  Majestys  Province  when  the  Governour  shall 
he  absent  therefrom;  they  giving  the  most  early  accounts  to  his  Excel- 
lency of  all  their  Proceedings,  and  that  this  Order  shall  have  Retrospect 
to  such  steps  as  have  been  already  taken  for  the  Defence  and  Security  of 
those  parts.  This  Order  being  absolutely  necessary  for  the  Security  of 
those  defenceless  Parts  of  this  his  Majestys  Province 

His  Excellency  John  Tinker  Esq'  His  Majesty's  Governor  of  the 
Bahama  Islands  having  made  application  to  His  Excellency  the  Gov- 
ernour of  this  Province  for  leave  to  Raise  forty  Men  in  this  Province 
for  the  better  Defence  of  the  Bahama  Islands, 

His  Excellency  was  Pleased  to  declare  in  Council  that  he  hath  given 
Leave,  And  he  doth  hereby  give  Leave  to  the  Agents  of  his  Excellency 
John  Tinker  Esq'  to  Raise  for  His  Majestys  Service  forty  men  (not 
being  Masters  of  families)  in  any  Part  of  this  Province  to  the  Norward 
of  Onslow. 

Read  the  following  Petitions  for 

Edward  Griffith  4000  acres  Bladen,  D°  4000  D°,  Nathaniel  Rice  4000 
D°,  Robert  Halton  4000  D",  Eleazer  Allen  4000  D",  Mathew  Rowan 
4000  D°,  Edward  Moseley  4000  D°,  Roger  Moore  4000  D°,  William 
Forbes  4000  D",  George  Gould  4000  D°,  George  Moore  4000  D" 


At  a  Council  held  at  Brunswick  the  IS'"  day  of  July  1744.  In  Pur- 
suance of  His  Excellency's  Order  in  Council  Dated  at  Newliern  the  4"" 
day  of  July  1744,  Giving  Power  to  the  Members  of  Council  on  Cape 
Fear  River  to  meet  and  Concert  measures  for  the  Security  of  the  said 
River  against  any  Invasion  by  our  Enemies 
Present 
( Robert  Halton         Roger  Moore       )  ^        Members 
The  Honoble.^  Eleaz' Allen  and  y  ^sq   /uemoers 

1  nr  ^1        r>  Ai'-ii-        T-i    1         I      of  Councd. 

(  Matiiew  Rowan      \\  dliani  t  orhes    ) 


702  COLONIAL  RECORDS. 


The  Council  took  under  their  consideration  the  most  Proper  place  on 
Cape  Fear  River  for  Erecting  a  Battery  for  the  defence  of  the  lower 
part  of  the  said  river,  and  agreed  that  the  place  most  convenient  for  that 
purpose,  is  one  of  the  small  Islands  of  Oyster  banks  fronting  and  to  the 
Norward  of  Oak  Island,  Provided  a  Foundation  can  be  found  sufficient 
for  their  work.  But  in  Order  to  be  better  assured  of  the  scituation  and 
Ground  thereabouts  have  agreed  and  appointed  Fryday  the  20""  Instant 
to  go  down  to  the  said  Islands  and  Survey  the  same,  and  that  the  Sev- 
eral Masters  of  Vessels  in  the  Port  of  Brunswick  be  desired  to  assist,  as 
far  as  thej'  are  able  in  the  said  Survey. 

His  Excellency  the  Governor  having  communicated  to  the  Council  a 
Letter  to  his  Excellency  James  Glen  Esq'  Governor  of  South  Carolina 
desiring  a  Supply  of  not  less  than  Twelve  cannon  for  the  use  of  this 
River,  and  desired  it  may  be  forwarded  from  hence 

Ordered  that  an  Express  be  Immediately  sent  with  the  said  Letter 
and  that  the  Publick  lie  charged  with  the  Expence  of  the  same 


At  a  Council  lield  at  Brunswick  5  Sep'  1744 
Present 

{Nath  Rice  Roger  Moore      ~|  t'  ,  rs  -vTp^  i   ,,„ 

Robert  Halton  and  V    ^  CouncH 

Eleazer  Allen  William  Forbes  J 
His  Excellency  Governor  Johnston  having  Writ  some  time  since  to 
his  Excellency  James  Glen  Esq'  Governor  of  South  Carolina  to  desire 
the  favour  of  some  cannon  for  a  Fortification  intended  to  be  Erected  in 
this  River;  The  answer  to  which  Letter  having  been  opened  and  read 
by  some  Members  of  his  Majesty's  Council  of  this  Province  pursuant, 
to  Governour  Johnston's  Direction  which  contained  in  substance  that  he 
was  extreamly  desirous  of  cultivating  a  good  understanding  with  his 
Excellency,  and  of  rendering  any  agreeable  Service  in  his  Power  to  this 
Province,  and  accordingly  was  willing  to  give  Directions  for  delivering 
to  his  Excellency's  Order,  Ten  Pieces  of  Ordinance  of  9  and  12  poun- 
ders, and  twenty  Round  of  shot,  out  of  his  Majesty's  Magazine  of  Stores 
of  War  for  the  use  of  that  Province,  Provided  his  Excellency  would 
give  his  Obligation  for  returning  the  same,  when  the  Stores  should  arrive, 
which  Governor  Johnston  had  given  him  to  understand  lie  did  intend  to 
make  application  for,  to  the  Office  of  Ordinance  in  England 

Ordered  that  the  said  Letter  of  his  Excellency  Governour  Glen  be 
transmitted  to  the  Governour  of  this  Province  by  the  first  Oppertunity, 
and  that  in  regard  of  the  length  of  Time  that  will  necessarily  intervene, 
hy  reason  of  the  groat  Distance  between  this  and  the  place  of  the  Gov- 


COLONIAL  RECORDS.  703 


ernour's  Residence,  before  liis  Excellency  can  receive  the  said  Ijetter  that 
a  Letter  of  thanks  be  wrote  to  Governoiir  Glen,  in  the  name  of  the 
Council  for  his  great  civility  exprest  in  his  readiness  to  comply  with  M' 
Johnston's  Request  in  behalf  of  this  Province,  but  withall  to  acquaint 
him  that  our  affairs  are  not  yet  in  a  Scituation  to  require  the  aforesaid 
Ordinance.  NATH.  PRICE  C.  C. 


North  Carolina 

At  a  Council  held  at  Newhern  19""  November  1744 

Present  His  Excellency  Gabriel  Johnston  Esq'  Governour  &c 

{Robert  Halton  Roger  Moore      ")     Esq"  Members 

Mathew  Rowan  and  V  of  His 

Edward  Moseley      William  Forbes  j  Majesty's  Council 
Read  the  following  Petitions  for  Warrants  Viz' 

Luke  Gregory  200  Chowan,  William  Wyatt  300  Perquimons,  Susan- 
nah Anderson  200  Edgcombe,  John  Haywood  300  D",  William  Acock 
500  N°  Hampton,  Samuel  Brock  600  Edgcombe,  William  Bocleau  200 
D°,  Robert  Harriss  400  D",  William  Mearns  500  D°,  James  Hendrick 
200  D°,  James  Reeves  300  B",  Samuel  Williams  100  D",  Montford 
Eel  beck  640  D°,  John  Beeton  30  Craven,  D"  D°  200  D°,  Abraham  Shep- 
pard  400  D°,  James  Tyner  100  D°,  Henry  Everitt  150  D",  William 
Hooks  200  D°,  Heury  Everitt  300  D°,  Joseph  Boon  200  D",  Joiin  Scel- 
lar  100  Craven,  Richard  Pierce  100  D°,  John  Johnson  200  Beaufort, 
Simon  Flowers  100  Craven,  Richard  Barefield  500  D°,  Solomon  John- 
son 200  D°,  William  Drake  100  Edgecombe,  William  Gurlee  200  Cra- 
ven, Joseph  Lamb  100  D°,  Edward  Bass  200  D",  Elias  Fort  150  D°, 
Patrick  Menture  100  D°,  James  Conner  300  D°,  James  Terry  400  Edge- 
combe, William  Kennady  400  Craven,  James  Smith  100  Tyrrell, 
Thomas  Hall  200  Craven,  Elias  Fort  400  D°,  George  Moore  320  Bladen, 
D°  D"  320  D",  D°  D°  320  D°,  D°  D"  320  D°,  Leonard  Loftin  200  Cra- 
ven, Jos.  Jn°  Alston  600  Edgecombe,  D°  D°  100  D°,  Benjamin  Sander- 
son 150  Craven;  William  Ferris  50  N°  Hampton,  W"  Gillam  50  D°, 
John  Lysle  300  Edgecombe,  Thomas  Dudley  300  Onslow,  William 
Barber  5300  Onslow,  And"  John  Febin  160  D°,  John  Starkey  300  D°, 
D°  D"  300  D",  William  Bush  300  Craven,  Edward  Stevens  200  Bladen, 
William  Moore  200  Craven,  William  Stroude  200  Edgecombe,  Henry 
Heaton  150  Craven,  William  Paskall  150  Edgecombe,  John  Barrow  400 
Beaufort,  Henry  Gibbons  200  Craven,  Robert  Howell  100  Bertie,  Jolin 
Williams  100  N.  Hanover,  Neal  M'Neal  100  Bladen,  John  Grenade  300 
Craven,  Robert  Mitchel  150  Edgecombe,  John  Williams  400  N.  Hano- 
ver, Neal    McNeal    100    Bladen,   John  Grenade   300    Craven,   Robert 


704  COLONIAL  RECORDS. 


Mitchel  150  Edgecombe,  John  Williams  400  N.  Hanover,  Martin  Fruit- 
ham  400  Bladen,  Evan  Jones  200  N.  Hanover,  D"  D°  200  D°,  John 
Carrel  200  Craven,  John  Brooks  200  Bladen,  Michael  Ram  200  Craven, 
Phil.  Mew  Jun'  200  Beaufort,  John  Worsley  Jun'  200  D°,  John  Fon- 
ville  150  Craven,  D°  D°  300  D°,  Jacob  Jernigan  300  D",  Osborne  Jef- 
freys 400  Edgecombe,  D"  D°  150  N°  Hampton,  D°  D°  500  Craven,  Rob- 
ert Walker  320  N.  Hanover,  John  Echolls  500  Beaufort,  John  Forbes 
500  Beaufort,  Nicholas  Rutledge  400  Craven-,  David  Dunn  100  D", 
Richard  Hart  100  D°,  James  McWain  400  D°,  Sampson  Underwood 
200  N°  Hampton,  Charles  Jordan  200  D°,  D""  D°  200  D",  Charles  An- 
derson 640  D",  Matthew  Strickland  300  D°,  Hopkins  Lee  100  Tyrrell, 
John  Watson  100  Edgecombe,  William  Williamson  200  D°,  Thomas 
Brown  200  D°,  Joshua  Lee  500  D",  John  Blalock  640  Craven,  John 
Hinton  150  Craven,  Robert  Courtney  150  Onslow,  Patrick  Stancland 
100  Craven,  Robert  Jones  200  D°,  Anthony  Dubois  400  N.  Hanover, 
John  Collins  150  Craven,  William  Taylor  300  Edgecombe,  D"  D°  200 
D°,  John  Wade  640  D°,  Samuel  Gilbraid  500  Craven,  James  Collins  200 
D°,  William  Johnson  400  New  Hanover,  William  Gardiner  200  D",  D" 
D°  300  D",  John  Russ  200  Bladen,  John  Moore  100  Craven,  Robert 
Clark  100  D",  Edward  Fitzpatrick  150  D",  Edward  Fitzpatrick  450 
Craven,  Anthony  Colbrett  200  D°,  William  Bush  400  D°.     Granted. 

At  a  Council  held  at  Newbern  20*  November  1744 

Present  His  Excellency  Gabriel  Johnston,  Esq'  Gov  &c 

f  Robert  Halton  Edward  Moseley^     jj,    „  nr      i 

T-,,  .,,  r,  AT  Lsq"  Members 

rpL    TT       11       Lleazer  Allen  Roger  Moore  c  tt 

iheHonoble<  ^^^  ,,         r.  /-i  n       r>  n     i       r  ot  His 

Mathew  Kowan  Culleu  Pollock      I    ivr  •    .       r^         -i 

t       •  William  Forbes  J    ^"J"'*^'  ^"""^'^ 

Read  the  following  Petitions  for  Warrants  Viz' 

Matthew  Whitfield  100  N.  Hanover,  William  Prescott  100  D",  Ed- 
ward Malchett  200  D",  Anthony  Williams  200  D",  Robert  Forster  640 
Edgecombe,  Robert  Jones  200  Craven,  Robert  Forster-300  Edgecombe, 
Darby  M'Carty  640  Hyde,  Anthony  Cock  400  N.  Hanover,  William 
Wyatt  200  Perquimons,  John  Richards  200  Edgecombe,  Jos.  Jn°  Alston 
500  Chowan.     Granted 

Read  the  following  Petitions  for  Patents,  to  wit 

Andrew  Symmons  300  Beaufort,  James  Breckle  150  D°,  William 
Bocus  25  Hyde,  Nathaniel  Powells  200  Edgecombe,  Richard  Powell  200 
D",  James  Homes  550  Beaufort,  John  Williams  100  N.  Hanover,  D°  D° 
150  Craven,  Samuel  Smith  100  D",  Thomas  Every  300  D",  John  Ver- 
nam  600  Beaufort.     Granted 


COLONIAL  RECORDS. 


705 


The  following  Persons  were  admitted  to  prove  their  Rights  Viz' 


John  Starkee  for  John  Burnett 

Hopkin  Wilder 

John  Pope 

Henry  Smith  by  John  Forbes 

John  Pope  for  John  Jones 

Arthur  Johnson 

Joseph  King 

John  Pope  for  John  Langston 

William  Burton 

John  Pope  for  Tho'  Merritt 

James  Castelloe  for  James  Sanders 

Robert  Savage 

John  Wade 

William  Ham 

John  Murfey 

Col°  Jn°  Forbes  for  Hope  Willetts 

Robert  Clarey 

Jos.  Jno  Alston 

John  Smith 

Martin  Pender 

Thomas  Crew 

Frederick  Hones 

Thomas  Pierce 

Thomas  Barefield 

James  Mulkey 

William  Kendrick 

George  Stevens 

Thomas  Price 

Humphrey  Lawrence 

James  Deerham 

Roger  Moore  for  Fran'  Thomas 

Roger  Moore  for  Henry  Simons 

Benjamin  Fordham 

The  following  Proved  by  John  Forbes 
Anthony  Wheny 
John  Wean 
Joseph  Saterthwhite 
William  Taylor 
Roger  Hodges 

Vol.  4—89 


CouDty.            Whites. 

Blacks. 

Onslow 

6 

Edgecombe 

4 

2 

D" 

6 

20 

Beaufort 

10 

4 

Edgecombe 

5 

Craven 

2 

2 

Edgecombe 

5 

D° 

6 

2 

Craven 

3 

2 

Edgecombe 

8 

Bertie 

6 

Craven 

13 

1 

N.  Hamp" 

8 

1 

Beaufort 

7 

Craven 

1 

1 

N.  Hanover 

6 

Edgecombe 

6 

1 

D° 

5 

3 

Hyde 

6 

Craven 

4 

Bertie 

5 

Edgecombe 

2 

Bertie 

1 

D° 

3 

Craven 

1 

Edgecombe 

3 

D" 

1 

5 

D° 

4 

Craven 

1 

D" 

8 

N.  Hanover 

5 

D° 

5 

32 

Craven 

5 

1 

Beaufort 

6 

1 

Craven 

4 

Hyde 

8 

Beaufort 

12 

D" 

3 

706 


COLONIAL  RECORDS. 


Richard  Basset 
Luke  Forteskue 
Christopher  Guinn 
Mrs  Eliz"  Snoad  Wid" 
William  Gildings 
Isaac  Buck 
John  Linkfield 
Villaby  Adams 
William  Cooper 
William  Phipps 
John  Morphie 
Samuel  Tindall 
John  Hardy 
Col°  Edward  Moseley 
John  Howell 
George  Rochell 
William  M°Leroy 
John  Clark 
James  M°Leroy 
Benjamin  Peyton 
William  Peyton 
Stephen  Clayton 
Michael  French 
John  Oases 
Mark  Morgan 
John  Richards 

Ordered  That  the  Caveat  Entered  by  Henry  M°Culloh  Esq''  against 
Sundry  Persons  obtaining  Grants  for  Land  Lying  in  Bladen  County  be 
fully  heard  and  Determined  at  the  next  Council. 


D° 

2 

1 

Hyde 

4 

Beaufort 

2 

9 

D" 

5 

12 

Hyde 

5 

Beaufort 

7 

11 

D° 

7 

D° 

4 

Beaufort 

4 

D° 

5 

2 

Craven 

5 

Beaufort 

10 

D° 

7 

N.  Hanover 

11 

90 

Craven 

9 

Tyrrell 

3 

Craven 

3 

D° 

3 

D° 

4 

Beaufort 

7 

24 

D° 

3 

7 

Craven 

8 

D° 

7 

N.  Hanover 

5 

1 

Bladen 

3 

3 

Edgecombe 

5 

The  Honoble 


Members  of 

His  Majesty's 

Council 


At  a  Council  held  at  Newbern  22*  November  1744 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov' 
Robert  Halton       Edward  Moseley 
Eleazer  Allen         Roger  Moore 
Mathew  Rowan     Cullen  Pollock  & 
1^  William  Forbes 

Read  the  following  Petitions  for  Warrants,  Viz' 

William  Cooper  300  Beaufort,  William  Felps  100  D\  Mary  Edwards 
300  Craven,  John  Langston  300  Edgecombe,  Mark  Morgan  400  Bladen, 
John  Plur  White  250  Craven,  Hopkin  Wilder  300  Edgecombe,  Berry 
Nelson  200  Craven,  John   Murfey   150  D",  Samuel    Griffiths  300  D", 


COLONIAL  RECORDS.  707 


Nicholas  Culbert  250  D»,  William  Burton  200  D°,  D"  D°  50  D",  Henry 
Smith  200  D",  John  Matthews,  200  D",  John  Hilliard  250  D°,  Piiil 
Miller  200  D°,  John  Smith  500  D°,  Thomas  Trnchitte  200  D",  John 
Bussit  200  D°,  James  Deerham  100  D°,  William  Bullen  100  D",  Geo. 
Mich  Wolf  160  D°,  Richard  Johnson  100  Craven,  Henry  Owen  100  D", 
John  Murphy  100  D°,  Thomas  Davis  250  D°,  Martin  Frank  300  D°, 
Benjamin  Cooper  Sen'  250  D",  John  Wayne  200  D°,  Roger  Moore  Esq' 
320  New  Hanover,  Theophihis  Williams  150  D°,  Roger  Moore  Esq'  200 
D°,  Henry  Simons  600  Bladen,  James  Mulkey  100  Bladen,  James  Daw- 
son 500  D°,  Theophihis  Peirce  100  Bertie,  Thomas  Lewis  100  Carteret, 
John  Simpson  300  D°,  John  Johnson  100  Onslow,  Robert  Hooks  100 
D°,  John  Bnrnaph  200  D°,  Richard  M'Clure  300  Curratuck,  Jos  John 
Alston  300  Edgecombe,  Christopher  Guinn  200  D°,  Thomas  Barefield 
300  D",  Robert  Clarey  200  D°,  Benjamin  Rush  300  D°,  Hopkin  Wilder 
640  D",  Frederick  Holmes  200  D°,  Benjamin  Peyton  200  Beaufort,  Jno 
Hardy  400  D°,  Roger  Hodges  300  D",  William  Foreman  100  D°,  Eliza- 
beth Snoad  300  D",  Anthony  WheiTy  200  D°,  William  Taylor  200  D", 
Isaac  Buck  200  D°,  Richard  Basset  150  D°,  Christopher  Guinn  200  D°, 
Samuel  Tindall  400  D°,  William  Giddins,  100  Hyde,  Roger  Mason  100 
Hyde,  Joshua  Saterwhite  100  D",  Luke  Forteskue,  100  D",  Willowby 
Adams  200  D",  William  Bartram  150  Bladen,  John  Rice  200  Craven 

Eleazer  Allen  Esq'  His  Majesty's  Receiver  General  of  this  Province 
Exhibited  his  Accounts  of  the  Receipts  of  his  Majesty's  Quit  Rents 
within  the  same  from  the  29*  day  of  September  1735  to  the  29'"  day 
of  September  1744  and  made  Oath  thereto  before  His  Excellency  the 
Governour  in  Council  which  is  Ordered  to  be  Certified. 

Read  the  following  Petition'*  Patents 

Samuel  Ormes  500  Bertie,  D"  D°  500  Tyrrell,  Aaron  Spring  100 
Beaufort,  James  Ballauce  200  Curratuck,  Thomas  Dudley  100  D°,  John 
Perkins  600  D",  William  White  100  D",  Thomas  Nickolson  125  Per- 
quimons,  Bullock  Simons  200  Currituck,  William  Ham  640  Beaufort, 
William  Carruthers  300  D°,  D°  D°  270  D°,  David  Morley  80  Bladen, 
William  Carruthers  200  Beaufort,  John  Smith  200  Tyrrell,  James 
Smith  405  D°,  John  Ward  640  Beaufort,  Henry  Best  200  Craven,  Ar- 
thur Pierce  100  D°,  Warren  Andrews  150  Edgecombe,  William  Hall 
200  Craven,  Solomon  .Johnson  350  D°,  John  Johnson  300  Tyrrell, 
James  Speir  100  Craven,  Henry  Best  200  D°,  William  Best  200  D°, 
Benjamin  Wall  100  D°,  Marmaduke  Norfleet  200  Edgecombe,  John 
Glover  640  D°,  Abraham  Boyd  200  Craven,  Marmaduke  Norfleet  129 
Edgecombe,  John  Blount  100  Craven,  Thomas  Page  300  D°,  James 
Boseman  200  Edgecombe,  Patrick  Montant  160  Tyrrell,  .James  Conner 


708  COLONIAL  RECORDS. 


100  D",  Philomon  Pierce  200  Craven,  John  Powell   100   D",   David 
Morley  79  Bladen     Granted 

The  following  Persons  were  admitted  to  Prove  their  Rights 

White.     Black. 

William  Johnson  Craven  1  7 

Adam  Moore  D°  1 

Robert  Park  D"  1 

At  a  Council  held  at  Newbern  24  day  November  1744 

Present  His  Excellency  Gabriel  Johnston  Esq"^  Gov.  &c. 

r Robert  Halton      Edward  Moseley^      F'  "M      ler- 
TIL    TT       ui       Eleazer  Allen        Roger  Moore         I  ^  tr- 

The  Honoble<^  ,,4.1        r>  /^  ii      d  11     1       r  '"  ^^s 

Matliew  Ivowan    Lullen  Pollock      /  ht  ■    j.  >  n         -i 
J  -tinr       x^    1  Majesty's  Council 

(^  and  William  rorbes  J        •'     • 

Read  the  following  Petitions  for  Warrants — 

John  Howell  100  Craven,  David  Wardson  250  Edgecombe,  James 
Smith  100  Tyrrel,  Abraham  Harring  150  Craven,  John  Peters  10  D°, 
David  Mill  200  Bladen,  John  Everett  200  Edgecombe,  John  Demant 
250  D°,  Moses  Hou.ston  300  Carteret,  Hope  Willets  200  N.  Hanover, 
George  Downing  150  Edgecombe,  William  Faulk  100  Tyrrel,  William 
Herritage  300  Craven,  Joseph  Strickland  200  Edgecombe,  Joshua  Davis 
640  N.  Hanover,  Israel  Robinson  600  Edgecombe,  William  Smifh  100 
D°.     Granted. 

William  Wilder  100  Edgecombe,  Moses  Dean  100  Tyrrel,  Samuel 
Henderson  100  Edgecombe,  William  Jobn.ston  100  Craven,  Thomas 
Moore  100  D",  John  Stringer  100  D°,  Nicholas  Drench  100  D°,  James 
Lane  100  Edgecombe,  James  Cheney  200  Craven,  Robert  Clark  200  D°, 
Robert  Savage  600  Bladen,  Thomas  Turner  300  Edgecombe,  Stephen 
Clayton  500  Craven,  Philip  Alston  600  Edgecombe,  John  Ferril  200 
Craven,  Thomas  Nelson  300  Carteret,  James  Smallwood  200  Craven, 
Littleton  Spivy  400  Edgecombe,  John  Rouse  200  N.  Hanover,  Rice 
Price  200  Craven,  Luke  Whitefield  200  D",  William  Gardner  200  N. 
Hanover,  William  Hall  200  Craven,  William  Pool  200  D°,  Dennis 
M'Clendon  300  D",  John  Nelson  60  D",  John  Sherwin  500  Edgecombe, 
William  Person  350  D°,  John  King  300  Edgecombe,  William  M^Croy 
100  Craven,  John  Clark  200  Edgecombe,  Robert  Surle  100  Craven, 
John  Clark  150  D",  Levi  Alderson  100  Beaufort,  Samuel  Williams  300 
Edgecombe,  William  Brice  100  Craven,  Charles  Adams  200  D°,  Jos. 
Jno.  Alston  500  Edgecombe,  John  Wade  500  D°,  George  M'Cartey  10 
Craven,  John  Hanier  100  Bladen,  Richard  Se.ssmett  100  Craven,  Abner 
Hall  200  Edgecombe,  Phil:  Kerkin  200  Craven,  Adam  Moore  200  D", 
John  Bryan  100  D",  Richard  Barefield   200  D°,  William  Marmant  200 


COLONIAL  RECORDS.  709 


Onslow,  Henry  Roberts  250  Craven,  David  Mills  300  Bladen,  Adam 
Moore  200  Craven,  Thomas  Lynch  300  Edgecombe,  D"  D°300  N.  Han- 
over, John  Oats  500  D°,  John  Deniant  250  Edgecomltie,  Philip  Brad- 
ford 250  D",  Joseph  Clark  200  Bladen,  John  Hart  200  N.  Hanover, 
James  Everet  100  Bladen,  George  Tnrnage  200  Craven,  Robert  Hill 
Jiin'  200  Edgecombe,  Richard  Allen  200  D",  John  Miller  100  Onslow, 
Thomas  Parker  200  Edgecombe,  Joseph  Strickland  300  D",  Thomas 
Kearney  300  D°,  Robert  Parker  100  Craven,  Thomas  Parker  300 
Edgecombe 

The  following  Persons  Petitions  for  Patents  Viz' 

John  Herring  300  Craven,  James  Craven  494  Chowan,  William  Wil- 
son 300  Craven,  Nicholas  Boon  300  N.  Hanover,  Samuel  Sinclair  400 
Hyde,  John  Gill  90  Bertie,  Samuel  Sinclair  490  Beaufort,  Robert  Dun- 
bar 100  D",  John  Smelly  200  N"  Hampton,  D°  D"  160  D",  Edward 
Mathers  100  Craven,  John  Deer  100  Edgecombe,  Solomon  Fuller  300 
N°  Hampton,  John  Lott  100  Edgecombe,  Richard  Sessums  300  D°, 
John  Jones  Petition  Granted,  Francis  Stringer  400  Craven,  Levi  True- 
hitts  800  D°,  Thomas  Keunon  200  N.  Hanover,  Francis  Stringer  640 
Craven,  Moses  Tillman  100  D°,  Benjamin  Williams  150  D°,  William 
Chamlin  200  D°,  Thomas  Smith  600  D°,  Joshua  Sasnut  100  D",  Jos  & 
Jacob  Herring  300  D°,  William  Bonds  200  Craven,  Robert  Rayford  200 
Craven,  James  McKlewean  300  D°,  James  Monks  300  D°,  Jacob  Sheets 
200  D",  Edward  Williams  180  D",  Priscilla  Edmonson  150  D",  Geo: 
Michael  Wolf  640  D°,  D"  D°  320  D°,  Thomas  M'^Clendon  300  D°,  John 
Slanalon  150  D°,  James  M°Kelwain  150  D°.     Granted 

The  following  Persons  were  Admitted  to  Prove  their  Rights 

Whites.    Blacks. 

Robert  Walker  N.  Hanover  4         5 

John  Simpson  Carteret  3 

The  following  Proved  by  John  Lane 

John  Noy  Edgecombe  3 

Johii  Bishop  D"  4 

William  Southerland  D°  5 

William  Eaves  D°  2 

David  Bales  D°  2 

John  Patterson  D°  2 

Lawrence  Bankson  D°  2 

Thomas  Mason  D"  4 

William  Smith  D"  2 

James  Pace  D°  '                                              5 

John  Ray  D°  2 


710  COLONIAL  RECORDS. 


At  a  Council  held  at  Newbern  27*  November  1744 

Present  His  Excellency  Gabriel  Johnston,  Esq',  Gov""  &c 
'C  Eleazer  Allen  Roger  Moore 

<J  Mathew  Rowan      Cullen  Pollock 
(  Edward  Moseley    William  Forbes. 

Read  the  following  Petitions  for  Warrants  Viz' 

William  Carrnthers  200  Beaufort,  Edward  Bryant  100  Craven,  D"  D° 
50  D",  Isaac  Henter  150  Bertie,  Thomas  Taylor  300  Pasquotank,  John 
Halsey  400  Chowan,  Peter  Adams  500  D°,  James  Blount  300  Tyrrel, 
Francis  M'Clendon  600  Craven,  John  Clark  640  Bladen,  D"  D"  200  D", 
D"  D°  300  D°,  John  Simpson  200  Onslow,  John  Edward  600  Bladen, 
William  Jones  400  Edgecombe,  William  Chavers  400  D°,  Walter  Gib- 
son 100  D",  William  Jones  600  D°,  John  Gay  400  D°,  Joseph  Howell 
300  D°,  Thomas  Gwaltney  400  Beaufort,  David  Bunn  100  Edgecombe, 
Walter  Lane  400  Craven,  William  Herring  300  Edgecombe,  Jacob 
Strickland  100  D",  William  Douglass  300  D",  Henry  Ivey  300  D°, 
Theophilus  Pugh  2,000  Chowan,  William  Eves  200  Edgecombe,  James 
Pace  450  D°,  Joseph  Lane  500  D",  James  Ard  400  Craven,  Thomas 
Howell  200  D",  Francis  Jones  200  Edgecombe,  Joseph  Brantley  200 
D",  John  Lott  300  D°,  Solomon  Joyner  200  D°,  John  Hennard  150  D°, 
Peleg  Rogers  400  D°,  Thomas  Bradley  600  D°,  Richard  Bayley  600  D°, 
David  Kelley  400  D°,  Francis  Patter-son  200  D",  William  Bentley  100 
Craven,  Joseph  Kimball  200  Edgecombe,  Theophilns  Goodwin  200  D°, 
Joseph  Sims  150  Craven,  Anthony  RackleV  250  Edgecombe,  Joseph 
Philips  250  D",  Thomas  Ray  200  D°,  Robert  Humphrey  20C  Craven, 
W"  &  Rob'  Sutherland  300  Edgecombe,  John  Bishop  400  D",  Thomas 
Mason  400  D",  John  Moore  200  D",  William  Sims  300  D°,  David  Bales 
300  D°,  John  Patterson  200  D°,  William  West  300  D°,  Thomas  Nell- 
son  640  Carteret     Granted 

Read  the  following  Petitions  for  Patents 

Robert  Halton  1000  Craven,  Martin  Gardiner  400  Bertie,  Benjamin 
Weeks  200  Carteret,  Thomas  Shepherd  200  Onslow,  John  Sterkee  300 
D°,  William  Betsworth  195  Beaufort,  Francis  Sumner  300  Onslow, 
James  Kelly  200  Edgecombe,  Elisha  Hunter  297  Chowan,  James  Skip- 
per 300  Craven,  John  Ballard  200  Edgecombe,  Thomas  Lewis  75  Cra- 
ven, Richard  Pace  200  N"  Hampton,  Joseph  Skipper  300  Craven,  Joshua 
Lamb  300  D",  John  Williams  96  D°,  Edward  Griffith  480  Tyrrel, 
Joseph  Strickland  500  Edgecombe,  Martin  Gardiner  Sen"'  300  Bertie, 
Solomon  Fuller  300  N"  Hampton,  William  Bunn  640  D°,  Thomas 
Jones  400  D°,  Robert  Williams  300  D°,  James  Kelley  200  Edgecombe, 
Samuel  Ramsey  300  Onslow,  Phineas  Stephens  400  D°,  Thomas  Ger- 
man 100  Craven,  Jacob  Lewis  640  Onslow,  Sarah  Anderson  300  D°, 
John  Gatlin  400  Craven,  John  Rouse  200  D°     Granted 


COLONIAL  RECORDS.  711 


At  a  Council  held  at  Nevvbern  1"  December  1744 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov'  &c 

r  Robert  Halton        Edward  MoselejO    gr.  Members 
rni      TT       11       Eleazer  Allen  Koa-er  Moore         1  e  v. 

Ihe  Honoble  ^   .,  .,         o  /<   n       o  ii     i        r  ^^  ^'•'' 

I  Mathew  Rowan       L nllen  Pollock        ,,,  •    ...   rv  .,.,„;i 
TI7--11-        T^    1  JVlaiestvs  Council 

(^  William  iiorbes  J        •'     • 

Read  the  following  Petitions  for  Warrants  Viz' 

Joseph  Anderson  400  Edgcombe,  David  Marlaw  270  Craven,  Joseph 
Anderson  300  Edgecombe,  Nath  Rice  640  N.  Hanover,  John  Pope  300 
Edgecombe,  John  Demant  250  D°,  William  Blake  300  D°,  William 
Peyton  300  Beaufort,  Oswell  Laiigley  200  Edgecombe,  John  Jones  300 
D°,  John  Pope  200  Craven,  William  Coles  200  Carteret,  Thomas  Graves 
200  N.  Hanover,  William  Bennet  450  Edgecombe,  George  Stephenson 
50  D°,  George  McCarthy  300  Craven,  John  Rice  &  Jno  Potter  200  N. 
Hanover,  Coleman  Row  400  Beaufort,  George  Thomas  300  Edgecombe 
Granted. 

Read  the  following  Petitions  for  Patents,  Viz' 

Johu  Moore  250  N°  Hampton,  William  Wilson  300  Craven,  George 
Styring  100  Carteret,  D"  D°  400  D",  Ralph  Mason  300  Edgecombe, 
George  Gould  790  D°,  Edmond  Smithwick  100  Craven,  James  Permento 
300  Edgecombe,  Richard  Sessums  200  Craven,  Samuel  Williams  268 
Edgecombe,  John  Davis  500  D",  Joseph  Sinus  640  D°,  John  Creel  500 
Edgecombe,  Joseph  Lane  200  D",  William  Cathcart  286  N°  Hampton, 
William  Saucer  300  Edgecombe,  Richard  Jones  400  D°,  Nicholas  Pure- 
foy  200  Craven,  Joseph  Bridgers  436  N°  Hampton,  Robert  Harris  350 
Edgecombe,  Jos:  Jno.  Alston  200  Craven,  Mark  Morgan  300  D°,  Sam- 
uel Williams  268  Edgecombe,  Montfort  Eclbeck  290  D°,  Sampson  Wil- 
liams 640  D°,  Thomas  Ivey  300  Craven,  William  Smith  200  Edgecombe, 
Robert  Warren  350  N.  Hampton,  John  Pope  200  Edgecombe,  Michael 
Rausher  640  Craven.     Granted 


At  a  Council  held  at  Newbern  4""  December  1744 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c. 

f  Robert  Halton    Edward  Moselevl       ^:^    „  at      i 
n  ill  T>  \t  "  Esq"  Members 

rp,      t,       11       Eleazer  Allen      Roger  Moore         ',  j?  tt- 

Ihe  Honoble^  at  ^i       t>  <-■  n       o  ii     i       )•  or  His 

Mathew  Rowan   Cullen  Pollock        at  •    ..  >    />         -i 

[  William  Forbes  J  '^^''J^^*>'  ^  ^°""^'' 

Read  the  following  Petitions  for  Warrants,  Viz' 

William  Baron  200  Craven,  William  Fnlcher  100  Craven,  Sam'  Saborn 
Plumer  200  Curratuck,  William  Coleman  200  Craven,  John  Jones  300 
Edgecombe,  William  Outlaw  '200  Bertie,  Robert  Walker  200  N.  Han- 
over, Oth'  Straughan  200  D°,  James  Burns  .300  Onslow,  James  Hazell 


712  COLONIAL  RECORDS. 


400  N.  Hanover,  Levi  Swain  200  D°,  Rice  Price  200  D°,  Richard  Scott 
250  D°,  Anthony  Dubois  400  D°,  Joseph  Winns  100  Chowan,  Tiiomas 
Walker  400  Bertie,  Thomas  Odam  200  D°,  Richard  Williams  150  Cra- 
ven.    Granted. 

Read  the  following  Petitions  for  Patents  Viz' 

Thomas  Trnehill  200  Craven,  William  Clanton  500  N°  Hampton, 
Benjamin  Lane  250  Edgecombe,  .John  Fonville  250  Craven,  Jacob  Sheets 
200  D°,  Francis  Stringer  263  D",  D"  D"  .380  D",  Christopher  Crofts  320 
N.  Hanover,  John  Bayd  48  Bladen,  Tim°  Murphy  200  N.  Hanover, 
Benjamiu  Beveret  200  D°,  D°  D°  200  D°,  Elias  Stallings  400  Bertie, 
Thomas  Bird  245  D°,  Edward  Holmes  290  D",  Richard  Sumner  340 
N"  Hampton,  Alexander  Campbell  300  D",  James  Douglas  300  D°. 
Granted 

His  Excellency  the  Governor,  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council  was'  Pleased  to  Order  a  new  Commission  of  the 
Peace  to  issue  for  Carteret  County,  constituting  and  appointing  Thomas 
Lovick,  Joseph  Bell  Sen',  Enoch  Ward  Arthur  Mabson,  James  Win- 
right,  Richard  Rustill  Sen',  Sam'  Chaddock,  David  Shepperd  Jun', 
Joseph  Bell  Jun',  Charles  Cogdell  Cary  Godly,  Nicholas  Hunter,  John 
Chilherall  Esq"  Justices  of  the  Peace  for  and  within  the  said  County. 

Ordered,  That  the  Governours  Secretary  be  and  he  is  hereby  Im- 
powered  to  take  and  Receive  for  every  Warrant  issuing  out  of  the  Secre- 
tary's Office  for  Lands  the  Sum  of  Twenty  Shillings  Bill  Money. 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council  was  pleased  to  order  a  New  Commission  of  the 
Peace  to  issue  for  Craven  County,  Constituting  and  appointing  John 
Powell,  John  Bryan,  John  Carruthers,  Edward  Bryan,  Thomas  Masters, 
John  Williams,  Walter  Lane  Christopher  Gregory  Hobbs  Esq"  Justices 
of  the  Peace  for  and  within  the  said  County 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
His  Majestys  Council  was  Pleased  to  Order  a  new  Commission  of  the 
Peace  to  issue  for  Hyde  County  constituting  and  appointing  Samuel 
Sinclare,  Joseph  Tart,  John  Smith  Sen',  Richard  Leirmount,  William 
Harris,  John  Smith  Jun',  Foster  Jarvis,  William  Martin,  Aaron  Tyce, 
Francis  Kepps,  Benjamiu  Martin  Esq"  Justices  of  the  Peace  for  the 
said  County 

Ordered  that  George  Gould  Esq'  Surveyor  General  do  for  the  future 
take,  demand  and  receive  for  all  Surveys  hereafter  to  be  made  by  him- 
self or  his  Deputys  for  six  hundred  and  forty  Acres  and  under  the  sum 
of  Ten  Pounds  in  Publick  Bills  of  Credit  and  no  more. 

His  Excellency  was  pleased  to  acquaint  the  Council  that  he  was  in- 
formed Sundry  Persons  Intending  to  Remove  into  the  refmote  Parts  of 


COLONIAL  RECORDS.  71.} 


tliiw  Province  were  deterred  frofh  such  their  Intentions  by  the  difficulty 
of  attending  the  Governour  and  Council  at  so  great  distance  both  of 
time  and  place  when  and  where  the  Governour  and  Council  usually  meet 
for  such  Purposes,  Whereby  a  great  Encrease  of  his  Majesty's  Revenue 
is  obstructed  as  well  as  the  Spedier  settlement  of  the  Province. 

It  is  the  Opinion  of  the  Council  that  as  there  will  be  a  great  Interval 
of  time  between  this  an<l  the  next  Council  to  be  lield  for  Granting  of 
Lands.  His  Excellency  the  Governour,  may  himself  admit  of  the 
Proof  of  Rights  issue  Warrants,  and  Grants  for  Lands  in  the  remote 
Parts  of  the  Province. 

Ordered  That  Edward  Cartledge  be  added  to  the  Commission  of  the 
Peace  for  Bladen  County 

Ordered  That  a  Dedimus  issue  directed  to  the  Justices  of  Northamp- 
ton County  to  Qualifie  John  Watts,  John  Moore,  John  Dew  and  Nathan 
Williams  Esq"  Justices  of  the  Peace  for  the  said  County 

Ordered  that  a  Didimus  issue  directed  to  the  Justices  of  Onslow 
County  to  Qualify  Theophilus  Williams,  Lewis  Jenkins  and  Edward 
Ward  Sen""  Esq'''  Justices  of  the  Peace  for  said  County. 

Ordered  that  a  Dedimus  issue  directed  to  the  Justices  of  Tyrrel  County 
to  Qualify  Thomas  Corprew,  John  Mara  Sen"  James  Blount,  Benjamin 
Alexander,  Gyles  Long,  Joseph  Alexander,  Joseph  Spruel,  William 
Kennaday  Jun"'  William  Everet  Esq"  Justices  of  the  Peace  for  the  said 
County. 

Upon  Representation  of  M"  Chief  Justice  Moseley,  That  he  had  been 
informed  of  many  irregularities  committed  by  Isaac  Buck  Esq'  one  of 
the  Justices  in  Commission  of  the  Peace  for  Beaufort  County  in  the 
Execution  of  His  Office 

Ordered  that  the  said  Buck  be  struck  out  the  said  Commission  and 
that  the  same  be  Certified  to  the  Chairman  and  the  Rest  of  the  Justices 
of  the  said  County. 

His  Excellency  the  Governour  by  and  with  the  advice  and  consent  of 
His  Majesty's  Council  was  Pleased  to  Order  a  New  Commission  of  the 
Peace  to  issue  for  Currituck  County  Constituting  and  appointing  Henry 
White,  Stephen  Williams,  William  Mackey,  Henry  Gibbs,  John  Carou, 
Thomas  Williams,  Caleb  Wilson,  William  Shergold,  Andrew  Duke, 
George  Powers,  Ralph  Mathan,  Hillary  White,  Thomas  Sanderson  and 
Woodhouse  Jun'  Esq" 

Ordered  that  a  Dedimus  issue  to  the  Justices  of  Beaufort  County  to 
Qualifv  Cornelius  Tyson  Esq'  Justice  of  the  Peace  for  the  said  County 

His  Excellency  the  Governor  acquainting  the  Board  that  the  Great 
men  of  the  Chowan  Indians  had  appeared  liefore  him  and  acknowledged 
Vol.  4—90 


714  COLONIAL  RECORDS. 


that  they  had  Received  the  full  consideration  mentioned  in  the  Deed  now 
produced  by  Henry  Hill  to  whom  they  had  sold  the  Land  mentioned  in 
the  said  Deed  containing  six  hundred  and  fort}'  Acres  of  Land;  it  is 
thereupon  Ordered  by  His  Excellency  the  Goveruour  with  the  Advice 
and  consent  of  the  Council  that  the  said  Deed  be  admitted  to  Record, 
and  the  same  is  hereby  Ordered  to  be  Recorded 

Read  the  following  Petitions  for  Patents  Viz' 

John  Rice  200  New  Hanover,  Mary  Veale  640  D°,  Thomas  Merrick 
600  D°,  Grace  Merrick  300  D°,  John  Rice  200  New  Hanover,  Edward 
Moseley  500  D",  D°  D°  500  D",  William  Lithgow  700  D°,  D"  D"  1,000 
D".     Granted 


[B.  P.  R.  O.  North  Caeolina.  B.  T.  Vol.  XI.  B.  95.  No.  5. J 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  Edenton  the  fifteenth  day  of 
March  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  forty 
two  [1743]  and  in  the  seventeenth  year  of  the  reign  of  his  present  Majesty 
King  George  and  continued  by  prorogation  until  the  twenty  third  of 
this  instant  February  one  thousand  seven  hundred  and  forty  three  [1744] 
at  Bath  Town  being  the  fourth  Session  of  Assembly 

In  the  Upper  House  Tuesday  the  sixth  The  House  met  according  to 
adjournment 

Present 

{Nathaniel  Rice.     Roger  Moore       "j 
Eleazer  Allen.       Cullen  Pollock.    V  Esq"  Members 
Mathew  Rowan.    William  Forbes,  j 
Upon  reading  the  Message  of  the  Lower  House  sent  up  this  day  from 
the  House  of  Burgesses  this  House  was  pleased  to  take  notice  that  they 
had  altered  their  stile  of  Address  to  this  House  by  the  Words  Gentle- 
men of  His  Majesty's  Council  instead  of  the  words  May  it  please  your 
Honours  always  heretofore  used  to  this  Board  which  alteration  of  stile 
this  House  takes  to  be  an  indignity  offered  to  the  House  and  Ordered 
the  following  Message  to  be  sent  to  the  House  of  Burgesses 

M"'  Speaker  and  Gentlemen 

We  observe  by  your  Message  this  day  by  Col.  Hill  and  M'  Starky 
together  with  the  Bill  for  sinking  the  Bills  of  Currency  &c.  That  you 


COLONIAL  RECORDS.  715 


have  taken  occasion  to  alter  your  stile  of  Address  to  this  House  by  sub- 
stituting the  words  Gentlemen  of  his  Majesty's  Council  in  the  place  of 
those  heretofore  used  iu  all  Messages  from  your  House  to  ours. 

As  we  would  not  willingly  enter  into  any  dispute  with  the  House  of 
Burgesses  and  not  knowing  whether  this  alteration  was  by  order  of  the 
House  or  by  mistake  We  desire  you  would  satisfy  us  in  this  point  that 
if  the  latter  the  message  may  be  amended  and  tlien  we  shall  proceed  to 
answer  it  in  such  a  manner  as  the  nature  of  it  requires  when  we  doubt 
not  to  give  you  full  satisfaction 

Then  the  House  adjourned  until  tomorrow  morning  nine  of  the  clock 

Wednesday  March  seventh     The  House  met  according  to  adjournment 
Present 
(  Nath.  Rice.  Roger  Moore     ~) 

The  Hon"«^  Eleazer  Allen.     Cullen  Pollock  VEsq"  Members 
(  Math.  Rowan.     Wm.  Forbes      j 
M"'  Sumner  &  M'  Wilson  brought  up  the  following  Message  Viz: 

Gentlemen  of  his  Ma""  Council 

In  answer  to  your  Message  in  relation  to  the  altering  the  stile  of  Ad- 
dress in  our  Message  to  your  Honours  We  are  of  opinion  that  whatever 
may  have  been  the  method  heretofore  That  the  stile  mentioned  in  your 
Message  was  proper  especially  when  we  considered  His  Maj.  Instructions 
and  that  it  is  what  we  have  always  made  use  of  in  the  enacting  part  of 
our  Laws 

As  we  are  desirous  of  doing  the  business  of  the  public  we  are  unwil- 
ling to  enter  into  any  dispute  but  we  apprehend  it  was  a  mistake  when 
in  your  Message  you  call  this  House  the  House  of  Burgesses  This  House 
being  stiled  by  his  Majesty's  Instructions  and  also  in  the  Laws  them- 
selves the  General  Assembly 

Then  the  House  adjourned  until  three  o'clock  in  the  afternoon 

Post  Merid"     The  House  met  according  to  adjournment. 
Present 

{Nath.  Rice.  Roger  Moore        ~| 

Eleazer  Allen.      Cullen  Pollock      V  Esq"  Members 
Mat.  Rowan         Wm.  Forbes.        j 
Upon  reading  and  considering  the  Message  of  this  Morning  sent  uji 
by  M'  Sumner  and  M'  Wilson  This  House  came  to  the  following  resolu- 
tions Nemine  contradicente 

Resolved  That  it  is  the  opinion  of  this  House  that  the  Message  received 
this  morning  from  the  House  of  Burgesses  in  answer  to  one  of  this 
House  yesterday  relating  to  the  alteration  of  stile  used  to  this  House  is 


716  COLONIAL  RECORDS. 


by  no  means  satisfactory  and  that  the  said  Message  of  this  morning  is  a 
continuation  of  the  affront  and  indignity  put  upon  this  House  yesterday. 

Resolved,  That  it  is  the  opinion  of  this  House  that  the  Message  of 
yesterday  from  the  House  of  Burgesses  to  this  House  sent  up  by  M' 
Starivy  and  M'  Hill  in  which  the  usual  stile  of  Address  was  altered  and 
was  intended  and  put  on  foot  by  some  evil  disposed  persons  to  destroy 
the  harmony  and  good  understanding  that  has  hitherto  subsisted  between 
the  two  Houses  thereby  to  serve  some  sinister  ends  and  obtain  some 
extraordinary  demand  they  may  have  in  view. 

Resolved,  That  the  House  will  not  receive  any  Message  from  the 
House  of  Burgesses  to  transact  any  public  business  with  that  House 
until  satisfaction  be  given  to  this  House  for  the  said  affront  and  indignity. 

The  Messenger  of  this  House  brought  a  paper  into  this  House  which 
he  said  he  found  at  the  door  signed  by  James  Castellane  a  Member  of  the 
House  of  Burgesses  as  follows 

We  the  subscribers  Representatives  of  the  County  of  Albemarle  being 
met  at  Bath  Town  pursuant  to  His  Excellency's  prorogation  in  order  to 
pass  Laws  for  the  public  good  of  our  Constituents  judge  it  a  duty  incum- 
bent upon  us  to  declare  that  unless  the  Bill  for  appointing  Wages  for  the 
General  Assembly  is  returned  from  the  Council  we  will  not  agree  to  the 
Money  Bill  or  alter  it  upon  any  other  scheme  whatsoever  Witness  our 
Hands  this  sixth  day  of  March  1743.  [1744] 

JAMES  CASTELLANE. 

Resolved,  That  the  said  Paper  is  a  full  confirmation  of  the  former 
opinion  and  resolution  of  this  House 

Resolved,  That  an  humble  Address  be  presented  to  His  Excellency  the 
Governor  and  therein  to  set  forth  the  several  matters  upon  which  the 
above  resolutions  were  founded  in  order  to  vindicate  this  House  from  any 
imputation  of  obstructing  the  public  business  and  put  some  stop  to  the 
indignity  and  aifronts  that  are  daily  offered  to  this  House  in  such  man- 
ner as  to  His  Excellency  shall  seem  meet. 

Then  the  House  waited  upon  His  Excellency  and  presented  the  follow- 
ing Address  Viz' 

North  Carolina — ss. 

To  His  Excellency  Gabriel  Johnston  Esq.  Captain  General  Governor 
aud^Commauder  in  Chief  in  and  over  the  said  Province 
The  Humble  Address  of  the  Members  of  His  Majesties  Council  now 
met  in  General  Assembly. 
May  it  please  Your  Excellency 

The  Members  of  His  Majesty's  Council  now  met  in  General  Assem- 
bly beg  leave  to  represent  to  Your  Excellency  the  strange  and   uncom- 


COLONIAL  RECORDS.  717 


mon  method  by  which  the  House  of  Burgesses  have  of  late  thought  fit 
to  carry  on  business  of  the  Province  witii  the  Members  of  this  House 
which  we  conceive  not  only  imparliamentary  but  tending  to  subvert  that 
order  and  decency  which  is  so  necessary  to  be  observed  between  the  two 
Houses  during  their  intercourse  in  the  transaction  of  public  affairs. 

That  it's  well  known  to  Your  Excellency  how  long  the  Members  of 
Council  attended  at  the  place  to  which  Your  Excellency  was  pleased  to 
prorogue  the  Assembly  before  a  sufficient  number  of  the  Lower  House 
were  met  to  go  uptin  business  as  well  as  how  long  after  this  period  the 
time  was  with  great  indifference  and  unconcern  protracted  before  anv 
point  which  Your  Excellency  had  recommended  to  them  in  your  speech 
was  so  far  brought  to  a  maturity  as  to  recite  even  the  form  of  a  Bill  to 
be  communicated  to  this  House. 

That  when  at  last  they  had  so  far  proceeded  as  to  form  a  Bill  intituleil 
a  Bill  for  sinking  the  present  Bills  of  Credit  of  this  Province  for  dis- 
charging the  public  debts  and  for  making  stamping  and  emitting  a  new 
Currency  sixteen  thousand  pounds  equal  in  value  to  Proclamation  money 
and  sent  the  same  to  this  Board  The  Council  upon  reading  the  same 
the  first  time  and  apprehending  it  to  be  conceived  in  a  manner  contrary 
to  equity  as  to  that  part  of  it  which  related  to  the  public  debts  and  for 
tli^t  which  related  to  a' new  Currency  not  only  so  but  to  common  sense 
and  understanding  of  all  who  have  the  least  notion  of  public  credit  sent 
it  down  without  any  amendments  saving  the  erasement  of  two  clauses 
for  the  payment  of  the  wages  of  the  Council  and  Assembly  out  of  the 
funds  on  each  Branch  of  the  Bill  and  therewith  a  Message  containing 
our  disapprobation  of  it  as  it  then  stood  and  gave  our  reasons  for  the 
same. 

That  two  days  after  the  said  Bill  was  returned  to  the  Council  in  the 
same  form  it  first  came  up  together  with  a  Message  to  this  House  in 
which  we  found  the  stile  of  Address  to  this  House  was  altered  and  in- 
stead of  the  words  May  it  please  Your  Honours  always  before  by  them 
used  in  such  address  the  words  Gentlemen  of  His  Majesties  Council 
were  used  which  induced  this  House  immediately  to  apply  to  them  bv 
Message  whether  the  said  alteration  of  stile  was  by  mistake  of  the  Clerk 
or  designed  that  if  the  former  it  might  be  rectifyed  To  which  an  Answer 
was  the  day  after  returned  wherein  the  House  of  Burgesses  insisted  on 
their  alteration  of  stile  to  the  Council  notwithstanding  any  custom  here- 
tofore to  the  contrary  all  which  papers  we  humbly  lay  before  Your  Ex- 
cellency. 

We  further  beg  leave  to  represent  to  Your  Excellency  that  the  same 
day  the  Messenger  of  the  Council  found  a  writing  at  the  door  of  the 


718  COLONIAL  RECORDS. 


Council  Chamber  which  being  brought  in  was  found  to  be  the  hand- 
writing of  and  signed  by  James  Castellane  one  of  the  Members  of  the 
House  of  Burgesses  and  contained  the  form  of  an  Association  of  the 
Members  of  Albemarle  County  not  to  pass  the  Currency  Bill  in  any 
other  form  unless  provision  was  made  for  the  wages  of  the  Assembly 
which  papers  we  also  lay  before  Your  Excellency 

That  it  seems  plain  to  His  Maj.  Council  from  these  new  and  unheard 
of  proceedings  That  the  House  of  Burgesses  are  entirely  governed  by  a 
few  restless  and  uneasy  Members  of  it  who  void  of  all  regard  for  the 
public  welfare  and  impelled  by  their  own  sinister  &  private  views  are 
using  their  utmost  endeavours  to  render  the  meeting  of  this  Assembly 
abortive  notwithstanding  the  necessity  of  their  sitting  at  this  critical 
juncture  by  breaking  the  harmony  and  good  understanding  that  hath 
hitherto  existed  between  the  two  Houses  and  rendering  their  consulta- 
tions for  the  public  good  ineifectual. 

His  Maj.  Council  having  duly  considered  these  matters  found  them- 
selves under  a  necessity  to  enter  into  the  several  resolutions  copies  of 
which  we  here  present  Your  Excellency  with  in  order  to  preserve  the 
honour  &  dignity  of  their  House  and  support  that  part  of  the  Legisla- 
ture in  which  His  Majesty  has  been  pleased  to  place  and  we  humbly 
hope  the  abovement*  facts  as  they  are  very  truly  related  will  convince 
Your  Excellency  that  whatever  consequences  may  arise  from  this  breach 
of  intercourse  between  the  two  Houses  they  are  by  no  means  to  be  imputed 
to  them  but  to  the  wicked  and  pernicious  designs  of  some  of  the  Mem- 
bers of  the  House  of  Burgesses. 

Then  the  Members  returned  to  the  House  and  adjourned  the  same 
until  tomorrow  morning  nine  o'  the  clock 

Thursday  8""     The  House  met  according  to  adjournment 
Present 

{Nath.  Rice.  Roger  Moore    ^ 

Eleazer  Allen.      CuUen  Pollock  VEsq'^  Members 
Math.  Rowan       Wm.  Forbes      j 
Then  the  House  took  under  their  consideration  the  Resolves  of  yester- 
day and  ordered  the  three  first  of  them  to  be  sent  down  to  the  Lower 
House  together  with  the  following  Message  Viz: 

M'  Speaker  and  Genti.emen  of  the  House  of  Burgesses 

Your  Message  of  yesterday  by  M"'  Wilson  and  M'  Sumner  not  being 
satisfactory  has  induced  this  House  to  come  to  the  resolutions  herewith 
sent  you. 


COLONIAL  RECORDS.  719 


III  the  Upper  House  March  8""  Upon  reading  and  considering  tiie 
message  of  this  Morning  sent  by  M'  Wilson  and  M"  Sumner  This  House 
came  to  the  following  resolutions  Viz': 

Resolved  That  it  is  the  opinion  of  this  House  that  the  Message  re- 
ceived this  morning  from  the  House  of  Burgesses  in  answer  to  one  of 
this  House  yesterday  to  the  alteration  of  stile  used  to  this  House  is  by 
no  means  satisfactory  and  that  Message  of  this  morning  is  a  continua- 
tion of  the  affront  and  indignity  put  upon  this  House  yesterday 

Resolved  That  it  is  the  opinion  of  this  House  that  the  Message  yes- 
terday from  tiie  House  of  Burgesses  to  this  House  sent  up  by  M'  Starky 
and  M"'  Hill  in  which  the  usual  stile  of  Address  was  altered  was  intended 
and  put  on  foot  by  some  evil  disposed  persons  to  disturb  the  harmony 
and  good  understanding  that  has  hitherto  subsisted  between  the  two 
Houses  thereby  to  serve  some  sinister  end  and  to  obtain  some  extraordi- 
nary demand  they  may  have  in  view 

Resolved  That  this  House  will  not  receive  any  Message  from  the 
House  of  Burgesses  to  transact  the  public  business  with  this  House  until 
satisfaction  be  given  to  the  House  for  the  said  affront  and  indignity 

By  order  of  the  House  ,  NATH  RICE,  President 

Then  His  Excellency  the  Governor  came  to  the  House  and  sent  a 
Mandate  to  the  Lower  [House]  commanding  their  immediate  attendance 
in  the  Council  Chamber  Whereupon  the  Speaker  attended  by  the  Lower 
House  waited  upon  His  Excellency  in  the  Council  Chamber  When  he 
was  pleased  to  dissolve  the  said  Assembly 

True  Copy  R"  LOVETT  C". 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  28.] 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  Edenton  the  fifteenth  day  of  March 
in  the  sixteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Second  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
(and  .so  forth)  and  in  the  year  of  our  Lord  One  Thou.sand  seven  Hundred 
and  forty  two  [1743]  and  from  thence  continued  by  several  Prorogations 
to  the  Twenty  first  tlay  of  February  in  the  seventeenth  year  of  the  reign 
of  our  said  sovereign  Lord  George  (and  so  forth)  and  in  the  year  of  our 
Lord  One  Thou.sand  Seven  Hundred  and  forty  three  [1744]  at  Bath  Town, 
and  then  further  continued  to  the  twenty  third  day  of  February  aforesaid 


720  COLONIAL  RECORDS. 


ill  the  year  aforesaid  at  Bath  Town  aforesaid  being  the  fourth  Session  of 
this  Present  Assembly. 

Members  Present. 
Samuel  Swann  Esq'  Speaker. 
M'  George  Powers  M"  M°rora  Searbrough      M"'  Joseph  Sutton 

M'  John  Barrow  M''  Richard  Nixon  M"'  Samuel  Siudare 

M''  Caleb  Wilson  M'  Wyriot  Ormond.  M'^  John  Benbuty. 

M''  William  Wilson        M'  William  Faris  M'  Christopher  Guin. 

]\P  John  Swann  M'  Christopher  Reed.        M"'  William  Kenueday. 

Mr.  John  Dawson  M'  Edmond  Smithwick    M"'  Joseph  Anderson. 

M'  William  Gardiner.   M"  John  Starkey.  M''  William  Burgess. 

M"'  Edward  Phelps.       M'  William  Brice  M'  James  Craven.' 

The  Writt  for  ellecting  a  Member  to  serve  in  this  present  Assembly 
for  New  Hanover  County  in  the  room  of  M''  John  Porter  was  returned. 

Pursuant  to  which  return  M'  George  Moore  appeared,  took  the  Oaths 
appointed  by  Law  for  his  Qualification  subscribed  the  Test  and  took  his 
seat  in  the  House  accordingly. 

M'  Joseph  Anderson  and  M''  Wilson  waited  on  his  Excellency  the 
Governour  to  acquaint  him  the  House  was  met. 

His  Excellency  the  Governour  was  pleased  to  send  a  Messenger  to  this 
House  thereby  commanding  their  immediate  Attendance  in  the  Council 
Chamber. 

John  Harlow  messenger  to  this  House  appeared. 

Benj  :  Talbot  formerly  door-keeper  to  this  House  not  appearing  An- 
drew Conner  was  appointed  door-keeper  in  the  room  of  the  said  Benj" 
Talbot. 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  when  his  Excellency  was  pleased  to  make  the  fol- 
lowing Speech  (to  wit.) 

Gentlemen 

There  is  no  occasion  for  my  saying  much  to  you  at  present  you  are 
already  apprized  of  the  reasons  of  your  meeting  at  this  time 

The  time  prescribed  by  Law  for  sinking  your  Bills  of  Currancy  is 
now  approaching  and  it  will  require  the  greatest  care  and  attention  to 
manage  this  affair  with  that  regard  to  your  Interest  of  your  Constituants 
to  common  Honesty  and  the  publick  faith  which  I  hope  you  will  always 
observe  in  all  your  proceedings. 

There  is  another  affair  Gentlemen  wiiicli  it  is  high  time  for  you  to 
think  seriously  of  and  that  is  a  proper  and  convenient  place  for  holding 
his  Majesties  Courts,  for  fixing  the  jiubUck  Offices  and  transacting  the 
Business  of  the  Colony. 


COLONIAL  RECORDS.  721 


When  all  the  parts  of  thi.s  Province  except  such  as  were  contiguous  to 
the  Virginia  Line  was  but  thinly  inhalnted,  when  your  dealings  were 
hut  small  and  navigation  inconsiderable,  when  the  soil  of  the  whole 
province  was  the  property  of  the  Crown,  there  was  then  no  great  hard- 
ships in  continuing  the  seat  of  Government  where  it  has  been  for  several 
years  past  in  allowing  the  Officers  to  keep  the  publick  Records  in  their 
private  Houses  and  giving  their  attendance  twice  or  thrice  in  a  year  at 
Publick  times.  But  now  Gen'  when  the  Province  is  peopled  quite  up 
to  the  head  of  Pedee  River  which  was  formerly  reconed  in  South  Caro- 
lina when  the  number  of  the  people  towards  that  Colony  are  so  much 
increased  when  your  commerce  and  navigation  are  so  considerable  aug- 
mented and  so  large  a  portion  of  the  Lands  in  the  Neighbourhood  of 
Virginia  are  no  longer  his  Majesties  property. 

In  these  circumstances  it  is  highly  necessary  to  appoint  a  place  nearer 
the  centre  of  the  Country  where  his  Majestie's  Courts  may  be  held 
where  Offices  may  be  built  for  keeping  the  publick  registers  and  Officers 
obliged  to  give  constant  attendance  for  the  dispatch  of  Business  without 
hurry  or  confusion. 

As  I  am  fully  satisfied  from  my  own  experience  that  this  Country  can 
never  be  brought  to  a  proper  Settlement  till  something  of  this  kind  is 
done  I  hope  you  will  now  set  about  it  in  good  earnest. 

The  House  returned  Ordered  the  same  be  read  Which  was  read 
accordingly  And  M'  William  Faris  M'  Joseph  Anderson  and  M'  John 
Swann  were  appointed  to  prepare  an  Address  to  said  Speech  and  report 
the  same  to  the  House. 

M'  Thomas  Lee  one  of  the  Members  for  Tyrell  County  appeared. 

The  House  adjourned  till  to-morrow  9  "Clock 

Fryday  the  24""  February  1743.  [1744]  The  House  met  according 
to  adjournment. 

Read  the  Petition  of  John  Doyel  of  Edgecomb  County.  Praying  to 
be  exempt  from  paying  levies  &  taxes,  which  was  Granted 

Read  the  petition  of  James  Blount  of  Tyrrell  County  Praying  to  be 
exempt  from  working  on  high  ways  and  bearing  arms  which  was  Granted 

M'  William  Faris  reported  from  tiie  Committee  appointed  to  prepare 
an  address  to  his  Excellency  tiie  Governour  that  the  Committee  had  pre- 
pared the  same. 

Orderetl  the  same  be  read,  which  was  read  as  follows  (To  wit) 


Vol.  4—91 


722  COLONIAL  RECORDS. 


To  hi.s  Excellency  Gabriel  Johnston  Esq'  Governour  and  Coiuniander  in 

Chief  in  and  over  the  Province  of  North  Carolina 
The  humble  address  of  the  General  Assembly  of  said  Province. 
May  it  please  youk  Excellency 

We  are  so  fully  convinced  of  the  reasons  of  our  Meeting  at  this  time 
from  the  many  publick  affairs  which  call  for  our  closest  attention  we  are 
resolved  to  sett  about  them  with  all  possible  assiduity. 

The  sinking  of  our  currancy  appears  to  us  of  the  utmost  consequence 
for  the  establishing  the  publick  faith  and  discharging  our  Trusts  as  rep- 
resentatives of  this  Province  but  the  want  of  Gold  and  Silver  or  some 
paper  currancy  lays  us  under  the  greatest  difficulties  how  to  accomplish  it 

We  please  ourselves  with  the  hopes  of  your  Excellencys  agreeing  to 
such  measures  as  the  necessity  of  the  Colony  requires.  As  you  daily  ex- 
perience the  many  inconveniences  for  want  of  some  specie  or  currancy, 
and  it  shall  be  our  study  to  prepare  such  a  Bill  for  this  purpose  as  may 
give  the  best  security  for  the  publick  faith. 

The  many  inconveniences  arising  from  the  unsettled  way  in  which  the 
publick  Offices  and  records  have  been  kept  are  so  strongly  felt  that  we 
shall  carefully  consider  of  a  proper  place  where  the  publick  business 
may  be  transacted  for  the  future  without  huiTV  and  confusion,  aud  as 
far  as  the  publick  debts  already  contracted  aud  the  difficulties  attending 
the  payment  of  publick  Taxes  will  admit  shall  assist  in  building  proper 
Offices  for  those  purposes 

SAM:  SWANN.  Speaker 

Ordered  the  same  be  engrossed. 

M'  John  Swann  moved  that  a  Committee  be  appointed  to  examine, 
state  and  settle  the  publick  accounts  And  the  following  persons  were 
accordingly  appointed  (To  wit)  M'  John  Swann,  M'  Benj  :  Hill,  M' 
Joseph  Anderson,  M'  John  Starkey  and  M'  James  Craven 

M"'  James  Craven  moved  that  a  Committee  be  appointed  to  examine 
and  allow  publick  claims  And  the  following  persons  were  accordingly 
appointed  (To  wit)  M''  Benj  :  Payton,  M'  Thomas  Lovick,  M"'  Samuel 
Sinclare  M'  John  Dawson  aud  M'  Edm*  Smithwick. 

Ordered  That  the  following  message  be  sent  to  the  Council  (To  wit) 

May  it  please  your  Honours 

We  have  appointed  the  following  Gentlemen  a  Committee  of  this 
House  to  examine,  state  and  settle  the  public  [accounts]  (To  wit)  M' 
John  Swann,  M'  Joseph  Anderson  M'  Benj.  Hill,  M'  John  Starkey  and 
M'  James  Craven 


COLONIAL  RECORDS.  723 


And  also  the  following  Gent'  to  examine  and  allow  publick  claims 
(To  wit)  M'  Benjamin  Payton  M''  Thomas  Loviek  M''  Sam'  Sinclarc 
M"  John  Dawson  and  M'  Edmund  Smithwick 

In  conjunction  with  such  of  your  House  as  your  Honours  shall  think 
fit  to  appoint     By  order  SAM  :  SWA NN  Speaker. 

Ordered  That  M'  Wyriot  Ormoud,  M'  John  Starkey  M'  William 
Faris  M'  James  Castellaw,  M'  Joseph  Anderson,  M'  James  Barker,  M' 
JoJin  Hodgson,  M'  James  Craven  and  M'  William  Wilson  do  prepare 
and  bring  in  a  bill  for  sinking  the  paper  currency  of  this  Province  &c: 

The  House  adjourned  till  3  "clock 

P.  M :     The  House  met  according  to  adjournment 

M'  Simon  Bryan  one  of  the  Members  for  Pasquotank  County,  M' 
Thomas  Lee  one  of  the  Members  for  Tyrrell  County,  M'  John  Pope  one 
of  the  Members  for  Edgecomb  County,  M'  James  Castellaw  one  of  the 
Members  for  Bertie  County,  M'  Benjamin  Payton  (ine  of  the  Members 
for  Beaufort  County  appeared 

M'  Joseph  Anderson  and  M'  William  Wilson  waited  on  his  Excel- 
lency the  Governour  to  acquaint  him  the  House  was  ready  to  wait  on 
him  with  their  address. 

His  Excellency  was  pleased  to  return  for  answer  that  he  required  their 
immediate  attendance 

The  House  in  a  fidl  Body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  and  M'  Speaker  presented  to  his  Excellency  the 
foregoing  address. 

Then  his  Excellency  was  pleased  to  return  this  House  his  thanks  for 
their  address 

M'  Henry  White  and  M''  Will"  Leary  two  of  the  Members  for  Cur- 
rituck County  a]3peared 

Read  the  Petition  of  the  Inhabitants  of  Pequimons  County  complain- 
ing of  great  hardships  they  lye  under  by  the  port  act  formerly  ratified 
at  Wilmington — praying  relief  and  so  forth 

M"  William  Faris  moved  that  a  Committee  be  appointed  to  prepare  a 
Bill  for  a  General  Inspection  of  Commodities  in  this  Province  and  also 
to  appoint  proper  places  for  the  lading  and  unlading  goods  and  Mer- 
chandizes (To  wit)  M'  William  Faris,  M'  James  Castellaw,  M'  Wil- 
liam Wilson  and  M'  M°rora  Scarbrough  M'  John  Hodgson  M'  Thomas 
Barker  and  M'  Samuel  Sinclare 

Resolved  That  if  the  Committee  above  said  have  occasion  to  send  for 
any  person  or  papers  to  attend  the  said  Committee  that  on  application  of 
any  of  the  Members  of  the  said  Committee  to  M'  Speaker  he  shall  issue 
his  Warrant  to  bring  such  persons  or  papers  before  them 


724  COLONIAL  RECORDS. 


Received  the  following  message  from  the  Council  (To  wit) 

M'  Speaker  and  Gentlemen 

In  answer  to  your  message  regarding  the  appointment  of  the  Commit- 
tee of  Publiek  Claims  &  amounts  to  joyn  such  of  this  House  as  we 
thought  fit. 

The  House  have  appointed  the  Hon"'  Eleazar  Allen,  Esq""  and  Wil- 
liam Forbes  Esq"  on  accounts  and  the  Hon""  Mathew  Rowan  &  Roger 
Moore  Esq"  on  the  Claims  to  joyn  those  of  your  House. 

Dated  Feb'^  24*  1743.  [1744] 

The  House  adjourned  till  To-morrow  8  "clock. 

Saturday  the  25'"  Fel/^  1743.  [1744]  The  House  met  according  to 
adjournment. 

The  House  adjourned  till  Monday  10  "clock 

Monday  the  27'"  Feb'^  1743.  [1744]  The  House  met  according  to 
adjournment 

M'  Marmaduke  Norfleet  one  of  the  Members  for  Pequimons  County 
appeared 

M'  Benjamin  Hill  one  of  the  Members  for  Bertie  County  appeared 

M'  Thomas  Barker  moved  for  leave  to  bring  in  a  Bill  to  repeal  such 
part  of  the  Port  Law  as  relates  to  that  part  of  the  province  formerly 
called  Albemarle  County 

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

M"'  Faris  moved  that  M'  George  Moore  be  added  to  the  Committee  for 
publiek  claims. 

Ordered.  He  be  added  thereto  accordingly 

M'  Barker  moved  that  a  Committee  be  appointed  to  pi'epare  a  Fee  Bill 

Ordered.  That  M"' John  Hodgson,  M'  James  Craven,  M' John  Starkey 
and  M'  Wyriot  Ormond  do  prepare  and  bring  in  the  same. 

Read  the  Petition  of  William  Dennis  of  Northampton  County  Pray- 
ing to  be  exempt  from  paying  County  Publiek  and  Parish  Taxes  The 
same  Granted 

The  House  adjourned  till  3  "clock 

P.  M  :  The  House  met  according  to  adjournment 

M"^  James  Castellaw  moved  for  leave  to  bring  in  a  Bill  for  making 
provision  for  the  Members  of  the  General  Assembly. 

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

M'  James  Castellaw  moved  that  a  Committee  be  appointed  to  bring  in 
a  Bill  for  repealing  the  act  Intituled  an  act  for  facilitating  Navigation 


COLONIAL  RECORDS.  725 


Ordered.  That  M'  James  Barker,  M'  John  Hodgson  M'  M°rora  Scar- 
brough  M'  Joseph  Anderson  and  M'  James  Castellaw  do  j)repare  and 
bring  in  tlie  same 

M''  Craven  moved  that  the  absent  Members  be  sent  for  in  custody  at 
their  several  and  respective  expence  And  that  M'  Speaker  issue  his  War- 
rant accordingly 

Resolved  That  the  absent  Members  be  sent  for  in  Custody  and  that 
M'  Speaker  issue  his  Warrant  for  that  purpose 

The  House  adjourned  till  Tomorrow  8  "clock. 

Tuesday  the  28'"  of  Fel/^  1743.  [1744]  The  House  met  according  to 
adjournment. 

Read  the  Petition  of  John  Chilly  of  Beaufort  County  Praying  to  be 
exempt  from  Working  on  the  roads  and  bearing  arms.  The  same 
Granted. 

M'  John  Swann  reported  from  the  Committee  for  examining  stateing 
and  settling  the  publick  Accounts  that  the  said  Committee  on  examining 
reports  and  papers  of  former  Committees  thought  it  requisite  that  the 
following  persons  be  sent  for  to  the  said  Committee  (to  wit) 

M'  Thomas  Lowther,  M'  Joseph  Anderson,  M'  Thomas  Hunter  M"' 
Hugh  Merchant  M"'  John  Tripp  M'  James  Wainright  Samuel  Johnston 
Esq"  M'  Richard  Eagles  M'  Robert  Walker. 

Resolved.  That  the  above  persons  be  sent  for  in  Custody  <»f  tiie  Mes- 
senger and  that  M"'  Speaker  issue  his  Warrant  accordingly 

The  House  adjourned  till  3  "clock 

P.  M :  The  House  met  according  to  adjournment. 
The  House  adjourned  till  To-morrow  8  "clock 

Wednesday  the  29'"  Feh"  1743.  [1744]  The  House  met  according  to 
adjournment 

The  House  adjourned  till  3  o'clock 

P.  M:  The  House  met  according  to  adjournment. 

M'  Edm''  Smithwick  moved  for  leave  to  withdraw  himself  from  the 
service  of  the  House  Monday  next. 

Ordered  he  have  leave  to  withdraw  himself  accordingly 

M'  Benjamin  Payton  moved  that  M"  William  Wilson  be  added  to  the 
Committee  of  Publick  Claims. 

Ordered  That  he  be  added  thereto  accordingly. 

M'  John  Dawson  moved  for  leave  to  bring  in  a  Bill  to  erect  a  Town 
on  Chowan  River  at  Out  Laws  Landing  in  Bertie  County 

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

Tiie  House  adjourned  till  to-morrow  8  "clock. 


726  COLONIAL  RECORDS. 


Thursday  the  1"  of  March  1743.  [1744]  The  House  met  according 
to  adjournment 

The  House  adjourned  till  3  "clock. 

P:  M:  The  House  met  according  to  adjournment. 

M'  James  Craven  moved  for  leave  to  bring  in  a  Bill  to  impower  his 
Excellency  the  Governour  to  incorporate  Edenton  into  a  Citty  and  Cor- 
poration and  so  forth 

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

Which  Bill  he  read  in  his  place  and  the  same  was  sent  to  the  Council 

M'  Samuel  Sinclare  brought  in  a  Bill  for  laying  out  the  several  Coun- 
ties in  this  Province  hereafter  named  into  several  Districts  and  to  im- 
power the  several  Commissioners  therein  named  to  make  such  New 
roads,  to  keep  the  roads  in  repair  that  are  already  made  in  such  places 
and  in  such  manner  as  the  said  Commissioners  shall  think  convenient  & 
so  forth.  Which  he  read  in  his  plac«. 

Ordered  the  same  pass. 

The  House  adjourned  till  8  "clock  to-morrow  morning. 

Fryday  the  second  March  1743.  [1744]  The  House  met  according 
to  adjournment. 

M'  Christian  Reed  moved  for  leave  to  bring  in  a  Bill  for  an  act  to  re- 
peal an  act  for  establishing  ports  of  Delivery  in  the  several  parts  of  this 
Province.  Ordered  he  have  leave  and  that  he  prepare  and  bring  in  the 
same. 

M"'  Christian  Reed  brought  in  the  above  Bill  which  he  read  in  his 
place. 

Read  the  Petition  of  James  Pearson  of  Cra%'en  County  Praying  to  be 
exempt  from  Duties  &  paying  Taxes.     The  same  Granted. 

M'  Thomas  Lovick  one  of  the  Members  for  Carteret  County  appeared 
The  House  adjourned  till  8  "clock  to-morrow  morning- 
Saturday  the  .3''''  March  1743.  [1744]     The  House  met  according  to 
adjournment. 

M'  John  Hodgson  one  of  the  Committee  appointed  for  drawing  a  Bill 
for  sinking  the  present  Bills  of  Credit  of  this  Province  for  discharging 
the  publiok  debts  and  for  making  stamping  and  emitting  a  new  Cur- 
rancy  of  sixteen  Thousand  pounds  equal  in  value  to  proclamation  money, 
brought  in  the  said  Bill  Which  he  read  in  his  place. 
Ordered  the  same  pass  and  be  sent  to  the  Council. 
Sent  the  above  Bill  to  the  Council  by  M'  William  Paris  M"'  Thomas 
Barker  M'  Benjamin  Hill  and  M'  Joseph  Anderson. 


COLONIAL  KECORDS.  727 


Sent  tlu'  road  Bill  to  the  Coiiiinl  By  M'Suniiicl  Sinclair  and  M'  John 
Starkey 

M'  Arthur  Mabson  one  of  the  Members  for  Carterett  County  ap- 
peared. 

Sent  the  Bill  for  repealing  part  of  the  delivering  Port  Law  by  M'' 
Christopher  Reed  and  M'  Wilson 

The  House  adjonrned  till  Monday  morning  8  "clock 

Monday  the  5"'  March  1743.  [1744]  The  House  met  according  to 
adjournment 

Received  from  the  Council  the  money  Bill.  Endorsed  5"'  March 
1743  [1744]  Read  the  first  time  and  passed  with  Amendments 

And  also  the  following  Message  (to  wit) 

M'  Speaker  and  Gentlemen 

We  send  down  the  Bill  for  sinking  the  present  Bills  of  Credit  (&  so 
forth)  read  in  our  house  the  first  time  to  which  we  have  made  no  amend- 
ments saving  the  striking  out  the  clause  which  relates  to  the  payment  of 
the  Wages  of  the  Council  and  House  of  Burgesses  which  we  think  very 
improper  in  any  Bill  of  this  kind 

We  likewise  think  the  time  limited  for  the  sinking  the  publick  Bills 
of  credit  is  too  long  and  the  Tax  for  sinking  them  too  small  that  five 
years  for  the  first  and  two  shillings  proclamation  for  the  last  will  be  more 
equitable. 

We  are  likewise  of  opinion  that  the  scheme  for  raising  a  New  Cur- 
rency is  in  genei'al  very  defective  as  it  establishes  no  fund  whereby  the 
nominal  value  put  upon  the  Bills  can  be  ascertained  and  made  sure  to  the 
possessors  of  them  and  if  possessed  in  the  form  (would)  we  apprehend 
tend  to  the  great  hurt  of  the  province  rather  than  any  advantage  to  it. 

Monday  March  the  5'"  1743.  [1744] 

Received  the  road  Bill  and  also  the  Bill  to  repeal  part  of  the  Port 
Law  from  the  Council.  Endorsed  5*  March  1743.  [1744]  Read  the 
first  time  and  passed. 

M''  Thomas  Barker  brought  in  a  Bill  for  defraying  the  expence  of  the 
province  in  their  travelling  to  and  from  and  attending  at  Assemblys. 
Which  he  read  in  his  place.  Ordered  the  same  pass.  Sent  the  said  Bill 
to  the  Council  by  M'  William  Kennedy  and  M'  James  Castellaw. 

Read  the  Corporation  Bill  and  sent  the  same  to  the  Council  by  the 
above  two  Gentlemen. 

Read  the  second  time  the  Bill  to  repeal  part  of  the  port  Act  and  so 
forth  and  sent  the  same  to  the  Council  by  the  above  two  Gentlemen. 

Read  the  Bill  for  sinking  the  present  Bills  of  Credit. 


728  COLONIAL  RECORDS. 


M'  John  Hodgson  moved  that  the  house  resolve  into  a  Committee  of 
the  whole  House  to  debate  the  subject  matter  in  the  said  Bill  contained- 
Which  passed  Nem  :  Cont : 

The  House  resolved  int(3  a  Committee  of  the  whole  house  accordingly 
and  unanimously  chose  M'  John  Starkey  Chairman. 

Then  proceeded  to  debate  the  matters  in  the  same  Bill  contained  and 
made  several  amendments  therein. 

M'  Speaker  resumed  the  chair. 

M''  Chairman  reported  that  the  Committee  had  proceeded  on  the  said 
Bill  and  had  made  several  amendments  therein — which  was  read  and 
agreed  to  by  the  whole  House. 

M'  Thomas  Castellaw  Treasurer  of  Bertie  County  resigned  his  said 
Office  of  Treasurer  for  said  County. 

M'  John  Hodgson  Treasurer  of  Chowan  County  resigned  his  said 
Office  of  Treasurer  for  said  County. 

The  House  adjourned  for  an  hour 

The  House  met  according  to  adjournment 

The  House  adjourned  till  to  morroM'  8  "clock. 

Tuesday  the  6*  of  March  1743.  [1744]  The  House  met  according  to 
adjournment. 

M'  James  Castellaw  one  of  the  Members  for  Bertie  County  exhib- 
ited the  following  complaint  against  M'  M'rora  Scarbrough  to  this  House 
(to  wit) 

The  imderwritten  James  Castellaw  a  member  of  Bertie  County  hum- 
bly conceives  it  is  a  duty  incumbent  upon  him  as  a  member  of  this 
House  to  exhibit  an  article  of  complaint  against  Coll :  Macrora  Scar- 
brough one  of  the  assistant  Judges  of  the  Genei-al  Court  of  this  Prov- 
ince, Judge,  Member  of  Assembly  and  Treasurer  of  Pequimons  County 
(to  wit)  he  the  said  Coll:  Macrora  Scarbrough  being  intrusted  by  this 
Honourable  House  with  the  publick  Treasury  of  that  County  and  obliged 
to  pay  all  the  publick  claims  so  far  as  the  money  of  the  said  Treasury 
extended  without  any  discount,  yet  the  said  Macrora  Scarbrough  (as  the 
underwritten  humbly  conceives)  to  enrich  liimself  upon  the  ruin  of  the 
publick  Credit  did  in  open  violation  to  the  orders  of  this  House  take 
and  receive  of  sundry  persons  claims  on  the  publick,  at  Twenty,  thirty 
and  forty  "^  cent  discount  to  the  great  hurt  of  the  possessors  of  the  said 
claims  and  tends  veiy  much  to  the  breach  of  the  publick  faith,  he  there- 
fore begs  leave  to  produce  to  this  Hon""  House  such  necessary  evidences 
to  support  this  charge  which  if  made  good  he  humbly  submits  to  the 
.Justice  of  this   House  wliether  such  a   higli  criminal   who  may  imagine 


COLONIAL  RECOKDS.  729 


liiiutsclf  above  the  reach  of  interior  Courts  and  persons  ought  not  only  to 
be  set  aside  being  Treasurer  of  that  County  but  also  expelled  as  unworthy 
of  being  a  member  of  this  House  (he  also  moves  if  these  facts  prove 
true)  that  his  Excellency  may  be  addressed  by  this  Hon""  House  (he  also 
moves)  to  set  him  aside  being  assistant  Judge  from  enjoying  any  post  in 
this  Government  either  civil  or  military.     JAMES  CASTELLAW. 

M'  Scarbrough  moved  that  the  merits  of  the  said  Petition  be  heard 
to-morrow  morning. 

Resolved  the  same  be  heard  accordingly. 

Sent  the  money  Bill  to  the  Council  by  M"'  Beuj  :  Hill  and  M'  John 
Starkey  and  also  the  following  message  (viz.) 

Gentlemen  of  his  Majesties  Council. 

We  have  considered  your  message  sent  down  with  the  Bill  for  an  act 
for  sinking  the  present  Bills  of  Credit  of  this  Province  (and  so  forth) 
but  as  you  gave  us  no  reason  for  your  amendment  of  the  clause  wherein 
the  surplus  of  the  money  raised  by  the  Tax  for  sinking  the  present  Bills 
of  Credit  and  the  Interest  of  the  new  currency  applyed  to  the  payment 
of  the  wages  due  and  growing  due  to  the  mem'iers  of  the  Council  and 
General  Assembly  and  other  publick  debts  we  cannot  think  of  any  to 
induce  us  to  agree  to  your  amendments 

When  we  consider  the  circumstances  of  the  Inhabitants  of  this  Prov- 
ince we  cannot  agree  to  shorten  the  period  of  time  for  sinking  the  pres- 
ent Bills  of  Credit  as  we  apprehend  the  laying  a  higher  Tax  for  that 
purpose  added  to  the  Taxes  already  payable  would  near  ruin  our  con- 
stituants 

As  to  the  last  part  of  your  message  concerning  the  clause  for  emitting 
a  new  currency  wherein  you  say  that  the  scheme  for  that  purpose  is  very 
defective  as  it  establishes  no  fund  whereby  the  nominal  value  put  on 
those  Bills  can  be  ascertained  and  made  sure  to  the  possessors.  We  can- 
not find  an  examination  that  this  scheme  is  any  way  defective  in  that 
particular  as  the  Interest  of  the  money  taken  out  is  to  be  yearly  paid  in, 
in  gold,  silver  or  deer  skins,  and  the  principal  paid  in  and  sunk  at  the 
several  Periods  in  the  said  Bill  mentioned  either  in  currency  or  gold,  sil- 
ver, or  deer  skins,  and  should  we  make  the  payment  of  the  principal 
more  difficult  to  the  takers  up  we  are  of  Oppinion  it  would  not  be  taken 
up  at  all  and  the  publick  thereby  deprived  of  any  benefit  from  it 

By  order  SAM'  SWANN.  Speaker 

6'"  March  1743.  [1744] 

The  House  adjourned  till  3  "clock. 
Vol.  4—92 


730  COLONIAL  RECORDS. 


P :  M  :     The  House  met  according  to  adjournment 
M'  James  Summer  cue  of  the  Members  for  Pequimons  County  ap- 
peared 

The  House  adjourned  for  a  quarter  of  an  hour 

The  House  met  according  to  adjournment 

Received  the  following  message  from  the  Council,  (viz  :) 

M'  Speaker  and  Gentlemen 

We  observe  your  message  of  this  day  by  Coll :  Hill  and  M'  Starkey 
together  with  the  Bill  for  sinking  the  present  Bills  of  Currency  that  you 
have  taken  Occasion  to  alter  your  stile  to  address  to  this  House  by  sub- 
stituting the  words  Gentlemen  of  his  Majesties  Council  in  the  place  of 
those  always  heretofore  used  in  all  messages  from  your  House  to  ours 

As  we  would  not  willingly  enter  into  any  dispute  with  the  House  of 
Burgesses  and  not  knowing  whether  this  alteration  was  by  order  of  the 
House  or  by  mistake  we  desire  you  would  satisiie  us  in  this  point  that  if 
the  latter  the  message  may  be  amended  and  then  we  shall  proceed  to 
answer  it  in  such  manner  as  the  nature  of  it  requires  wherein  we  doubt 
not  to  give  you  full  satisfaction 

March  6*  1743  [1744] 

The  House  adjourned  till  to-morrow  8  "clock 

Wednesday  7'"  of  March  1743.  [1744]  The  House  met  according  to 
adjournment. 

M'  Macrora  Scarbrough  Treasurer  of  Pequimons  County  appeared  at 
the  Barr  of  this  House  and  resigned  the  said  office  of  Treasurer  of  said 
County 

The  House  adjourned  for  a  quarter  of  an  houi'. 

The  House  met  according  to  adjournment. 

Sent  the  following  message  to  the  Council  by  M''  James  Summer  and 
M'  William  Wilson  (to  wit) 

Gentlemen  of  his  Majesties  Council 

In  answer  to  your  message  in  relation  to  the  altering  of  the  stile  of 
address  in  our  message  to  your  Honours,  we  are  of  opinion  whatever 
may  have  been  the  method  heretofore  that  the  stile  mentioned  in  our 
message  was  proper,  especially  when  we  consider  his  Majesties  instruc- 
tions and  that  it  is  what  we  have  always  made  use  of  in  the  enacting 
part  of  our  Laws. 

As  we  are  very  desirous  of  doing  the  Business  of  the  Publick  are 
imwilling  to  enter  into  any  dispute  but  we  apprehend  it  was  a  mistake 


COLONIAL  RECORDS.  T.n 


when  in  your  Message  you  call  this  House  tiie  House  of  Burgesses  this 
House  being  stiled  by  iiis  Majesties  Instructions  and  also  in  the  Laws 
themselves  the  General  Assembly. 

By  order  SAM'  SWANN  Speaker. 

7*  March  1743.  [1744] 

The  House  adjourned  till  3  "clock. 

P :  M  :     The  House  met  according  to  adjournment 

Read  the  read  Bill  a  second  time  and  sent  it  to  the  Council  by  M''  John 
Swann  and  M'  George  Moore. 

M'  William  Faris  moved  for  leave  to  absent  himself  from  the  service 
of  this  House. 

Ordered  he  have  leave  accordingly. 

M'  John  Barrow  moved  for  leave  to  bring  in  a  bill  for  appointing  a 
place  for  holding  the  Superior  Courts  of  Justice  in  this  Province  and 
settling  the  several  publick  offices  in  the  same. 

Ordered  That  the  Committee  consist  of  the  following  Gentlemen 
(to  wit) 

M'  Thomas  Barker  M'  John  Hodgson  M'  Wyriot  Ormond  M'  John 
Swann  M'  John  Barrow.  And  that  they  prepare  and  bring  in  the  same. 

The  House  adjourned  till  To-morrow  8  "clock. 

Thursday  the  8""  of  March  1743.  [1744]  The  House  met  acconling 
to  adjournment. 

M'  Samuel  Taylor  one  of  the  Members  for  Northampton  county 
appeared. 

Received  from  the  Council  the  following  message  (to  wit) 

M'  Speaker  and  Gentlemen 

Your  message  of  yesterday  by  M''  Wilson  and  M'  Summer  not  being 
satisfactory  has  induced  this  House  to  the  resolutions  herewith  sent  yon. 

March  8'"  1743.  [1744]     In  the  Upper  House  of  Assembly. 

Upon  reading  and  considering  the  message  of  this  morning  sent  up  by 
M'  Summer  and  M"'  Wilson  this  House  came  to  the  following  resolutions. 
Nem :  Con : 

Resolved  That  it  is  the  opinion  of  this  House  that  the  message  received 
this  morning  from  the  House  of  Burgesses  in  answer  to  one  of  this  House 
yesterday  relateing  to  the  alteration  of  stile  used  to  this  House  is  by  no 
means  satisfactory  and  that  the  said  message  of  this  morning  is  a  con- 
tinuation of  the  affront  anil  indignity  jiut  upon  this  House  yesterday 


732  COLONIAL  RECORDS. 


Resolved  That  it  is  the  opinion  of  this  House  that  the  Message  of 
yesterday  from  the  House  of  Burgesses  to  this  House  sent  up  by  M' 
Starkey  and  M'  Hill  in  which  the  usual  stile  of  address  was  altered  was 
intended  and  put  on  foot  by  some  evil  disposed  persons  to  disturb  the 
Harmony  and  good  understanding  that  has  hitherto  subsisted  between 
the  two  Houses  thereby  to  serve  some  sinister  end  and  obtain  some  extra- 
ordinary demand  they  may  have  in  view. 

Resolved  That  this  House  will  not  receive  any  Message  from  the 
House  of  Burgesses  to  transact  publick  Business  with  that  House  until 
satisfaction  be  given  to  this  House  for  the  said  affront  and  indignity 

By  order  of  the  Upper  House  RICHARD  LOVETT  C'"' 

Upon  reading  and  fully  considering  the  message  and  resolves  of  yes- 
terday sent  from  the  Council  to  this  House  This  House  has  resolved 
(Una  Voce) 

That  the  alteration  of  the  stile  of  address  from  this  House  to  the 
Council  from  may  it  please  your  Honours  to  that  of  Gentlemen  of  his 
Majesties  Council  in  our  message  of  the  sixth  instant  in  answer  to  their 
message  sent  down  with  the  Bill  for  sinking  the  present  Bills  of  Credit 
was  not  done  with  any  design  of  affronting  or  offering  any  Indignity  to 
them  but  was  thought  by  this  House  to  be  most  proper  it  being  agreeable 
to  his  Majesties  Instructions  that  they  shoidd  be  called  the  Council  in 
the  enacting  part  of  our  Laws. 

Resolved  That  it  is  the  opinion  of  this  House  that  the  Council  have 
no  just  reason  to  believe  that  the  alteration  of  the  stile  of  address  afore- 
said was  altered  to  affront  them  neither  have  they  given  or  offered  to 
give  any  reason  to  this  House  why  it  should  not  be  altered 

Resolved  That  the  second  resolve  of  the  Council  is  a  high  affront  to 
this  House  and  a  breach  of  the  priviledges  thereof  and  put  on  foot  by 
some  evil  disposed  persons  to  destroy  the  Harmony  and  good  understand- 
ing that  hath  subsisted  between  the  General  Assembly  and  his  Majesties 
honourable  Council  are  Arbitrary  and  tend  to  subvert  the  Liberties  and 
priviledges  of  this  House  as  representatives  of  the  people 

His  Excellency  the  Governour  was  pleased  to  command  the  immediate 
attendance  of  this  House  in  the  Council  Chamber 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  When  his  Excellency  was  pleased  to  dissolve  this 
Assembly 

Test  WILL-"  HERRITAGE  Clerk  Gen'  Assembly. 


North  Carolina — ss. 

At  an  Assembly  begun  and   held   at   Newbern   the   fifteenth  day  of 
Xovemhor  one  thousand  seven  luindred  and  fnurty  four  in  the  eighteenth 


COLONIAL  RECORDS.  733 


year  of  the  reign  of  our  sovereign  Ijord  George  the  second  by  the  grace 
of  God  of  Great  Britain  France  and  Ireland  King  and  .so  forth  being 
the  first  Session  of  this  present  Assembly. 

Pursnant  to  the  retnrns  of  the  severall  writts  of  Election  for  the  sev- 
erall  Counties  and  Towns  within  the  aforesaid  Province  the  following 
Members  appeared,  (to  wit) 

Onslow — M"'  Samuel  Swann  M''  John  Starkey 

New  Hanover — M'  John  Swann  M'  George  Mot)re 

Carterett — M"  Thomas  Lovick. 

Craven — M'  William  Brice  M'  Richard  Nixon 

Beaufort — M'  John  Barrow. 

Hyde — M'  Samuel  Sinclare. 

Tyrrell — M'  William  Kennedy,  M''  Edm"'  Smithwick  M'  Stevens  Lee 
M'  Samuel  Spruel 

Bertie — M'  James  Castellaw  M'  Thomas  Barker 

Northampton — M'  Samuel  Taylor. 

Edgecombe — M'  Jos.  John  Alston  M"'  John  Pope 

Pequimons — M'  W"  Waite 

Pasquotank — M'  Griffeth  Jones  j\P  W"  Williams  M'  W"  Burgess, 
M'  Jos.  Humphries 

Currituck — M'  John  Leary. 

Newbern — M'  W"  Wilson 

Wilmington — M'  W"  Faris 

Took  the  oaths  appointed  for  their  qualification  subscribeil  the  test  and 
took  their  seat  accordingly. 

Fryday  the  16*  of  NovM744 

The  foregoing  Members  appeared. 

His  Excellency  the  Governor  was  pleased  to  send  a  Message  command- 
ing the  Members  attendance  in  Council  Chamber. 

The  Members  waited  on  his  Excellency  in  the  Council  Chamber  when 
his  Excellency  was  pleased  to  direct  them  to  return  and  make  choice  of 
a  speaker.     The  Members  returned. 

M"^  William  Faris  proposed  that  M'  Samuel  Swann  be  chosen  Speaker 
to  which  there  was  no  objection  and  M'  Samuel  Swann  was  accordingly 
chosen. 

Then  the  House  presented  him  to  his  Excellency  for  Approbation. 
His  Excellency  was  pleased  to  approve  of  their  choice  and  made  the 
following  speech. 

The  House  returned  and  ordered  the  same  to  be  read  which  was  as 
follows,  (to  wit) 


734  COLONIAL  RECORDS. 


Gentlemen  of  His  Majestie's  Council,  M'  Speaker  &  Gen- 
tlemen OF  THE  House  of  Representatives, 

I  think  I  cannot  oppen  the  Assembly  in  a  more  proper  manner  than 
by  laying  before  you  a  true  and  plaiu  state  of  your  publick  Atfairs  and 
I  am  heartily  concerned  that  I  can't  represent  them  to  you  in  a  more 
agreable  light. 

Gentlemen  you  are  sensible  that  the  time  for  circulating  your  Bills  of 
credit  expires  this  month  &  that  in  a  few  months  more  they  can  no  longer 
pass  in  any  payments. 

It  is  a  great  misfortune  that  this  important  affair  has  been  so  long- 
delayed. 

If  fortner  Assemblys  had  thought  proper  to  have  entered  seriously 
into  this  matter  the  first  or  second  time  I  recommended  it  to  them  a 
proper  Bill  might  have  been  framed  and  his  Majestie's  consent  obtained 
before  these  present  Bills  had  expired  which  would  have  preserved  the 
publick  faith  Quieted  the  minds  of  his  Majestie's  subjects  and  rendered 
all  dealings  in  private  life  safe  and  easy. 

Who  are  to  be  blamed  for  neglecting  an  aflFair  of  so  much  consequence 
or  how  these  valuable  ends  I  have  mentioned  can  be  now  obtained  is 
what  I  shall  not  pretend  to  determine. 

But  shall  proceed  Gentlemen  to  put  you  in  mind  that  with  your  Bills 
the  Ijaw  for  appointing  Circuit  Courts  expires  A  law  which  has  pro- 
duced the  best  eflFects  of  any  I  have  had  the  pleasure  of  giving  ni)'  assent 
to,  and  which  the  Country  cannot  now  be  without  and  therefore  I  liope 
you  will  loose  no  time  to  revive. 

That  your  Coasts  are  naked  and  exposed  is  what  you  have  been  often 
told,  and  when  his  Majestie  was  willing  most  generously  to  assist  you 
in  fortifying  the  most  exposed  places  of  this  Province  his  Bounty  has 
not  been  accepted  of  is  notorious  to  everybody. 

Now  a  warr  with  France  is  begun  with  the  greatest  vigour  and  animos- 
ity on  both  sides,  now  when  we  may  e.xpect  that  the  Enemy  will  invade 
and  insult  every  corner  of  his  Majestie's  Dominions,  Why  the  trade  and 
navigation  of  the  whole  Province,  why  the  lives  and  propertys  of  our 
fellow  subjects  living  in  the  same  so(uety  and  under  the  same  laws  for 
the  sake  of  a  triffling  expence  should  be  so  entirely  neglected  is  to  me 
perfectly  unaccountable. 

And  now  I  am  upon  this  subject  I  can't  iielp  mentioning  to  you  the 
many  defects  of  your  militia  law  they  are  so  notorious  I  need  desend 
to  particulars,  and  I  am  sure  this  is  a  proper  season  to  rectifie  things  of 
this  nature. 


COLONIAL  RECORDS.  736 


I  hopt;  yuii  will  also  consider  what  I  have  so  often  taken  notice  of 
formerly  that  is  the  shamefull  condition  of  your  Laws,  How  long  Gen- 
tlemen must  the  Guardian  and  great  security  of  all  your  lives  &  fortunes 
be  left  at  the  mercy  of  every  ignorant  transcriber  and  tossed  about  on 
loose  scraps  of  paper  I  wish  Gentlemen  you  may  rescue  your  Laws  from 
such  unhandsome  usage. 

I  am  sure  it  will  tend  much  to  your  Honour  and  to  the  advantage  of 
the  people  you  represent. 

One  great  cause  of  all  these  misfortunes  is  the  want  of  a  fixed  })lace 
for  the  dispatch  of  publick  business. 

It  is  impossible  to  finish  any  matter  as  it  ought  to  be  while  we  go  on 
in  this  itinerant  way. 

I  am  sensible  I  have  it  in  my  power  to  settle  this  point  with  the  ad- 
vice of  his  Majestie's  Council,  but  I  assure  you  I  cannot  without  great 
regret  determine  a  matter  that  is  of  so  much  consequence  to  every  man 
in  the  Province  without  your  consent  and  concurrence  which  I  shall 
always  be  glad  to  be  guided  by. 

We  have  now  tryed  every  Town  in  the  Colony  and  it  is  high  time  to 
settle  somewhere. 

M'  Speaker  &  Gentlemen  of  the  House  of  Burgesses,  I  hope  you 
will  apply  yourselves  to  relieve  your  unhappy  Country  from  these  and 
many  other  misfortunes  it  at  present  groans  under  with  diligence  and 
zeal  that  no  room  may  be  left  for  those  jealousies  and  animosities  which 
have  so  fataly  retarded  publick  Business  in  former  Assemblies. 

GAB.  JOHNSTON 

The  House  appointed  John  Harlow  Messenger  and  Benjamin  Ford- 
ham  Doorkeeper 

The  House  adjourned  till  to  morrow  morning  10  o'clock 

Saturday  the  17*  November  1744.  The  House  met  according  to  Ad- 
journment. 

M'  Arthur  Mabson  one  of  the  Members  for  Carteret  County  appeared. 

Mr.  Thomas  Brown  and  Mr.  Joseph  Clark  the  two  Members  for  Bladen 
County  also  appeared,  took  the  oaths  appointed  by  Law  for  their  quali- 
fication subscribed  the  test  and  took  their  seats  in  the  House  according. 

Mr.  William  Farris  from  the  Committee  appointed  to  prepare  an 
address  to  his  Excellency  the  Governor  in  answer  to  his  Excellency's 
speech,  brought  an  address  which  he  read  in  his  place. 

Ordered  the  same  be  engrossed. 

Read  the  petition  of  George  Outlaw  of  New  Hanover  County  pray- 
ing to  be  exempt  from  paying  taxes  and  all  publick  duties.     Granted. 


im  COLONIAL  RECORDS. 


Read  the  petition  of  Valentine  Wallace  of  Carteret  County  praying 
to  be  exempt  from  musters  &  working  on  the  roads.     Granted. 

Read  the  petition  of  John  Webster  of  Carteret  County  praying  to  be 
exempt  from  musters  and  working  on  the  roads.     Granted. 

The  House  adjourned  till  3  o'clock. 

P.  M.  The  House  met  according  to  Adjournment. 

His  Excellency  the  Governor  sent  a  message  to  this  House  command- 
ing their  imediate  attendance  in  the  Council. Chamber. 

M'  Speaker  and  the  rest  of  the  Members  waited  on  His  Excellency  in 
the  Council  Chamber  when  M"  Speaker  declared  to  him  the  following 
address  (to  wit) 

To  his  Excellency  Gabriel  Johnston  Esq"  Captain  General,  Governor 

&  Commander  in  Chief  in  &  over  his  Majestie's  Province  of  North 

Carolina. 

The  humble  Address  of  the  General  Assembly  of  said  Province 
May  it  please  youe  Excellency, 

We  should  be  much  wanting  in  duty  to  ourselves  and  especially  as  a 
body  of  Representatives  met  in  Assembly  if  we  did  not  take  the  first 
opportunity  of  acknowledging  the  satisfaction  we  have  from  j'our  Excel- 
lency's speech  so  well  calculated  to  put  us  in  mind  of  the  unhappy  state 
of  our  currancy  the  defenceless  condition  of  our  coasts  the  great  uncer- 
tainty of  every  man's  property  for  want  of  reviseing  and  printing  our 
Laws  the  necessity  there  is  for  supporting  the  Law  for  appointing  Cir- 
cuit Courts,  the  fixing  some  place  where  the  Publick  Office  may  be  kept 
and  for  mending  the  Militia  Law,  in  these  and  all  other  matters  that  may 
come  before  us  your  Excellency  maj'  be  assured  we  are  resolved  to  pre- 
serve that  strict  regard  to  the  publick  good  and  the  Honour  of  this 
Assembly,  so  as  to  decline  all  debates  and  disputes  but  what  effect  these 
valuable  purposes  in  which  we  are  full)-  confident  we  shall  have  your 
Excellency's  hearty  approbation  and  concurrence. 

SAM.  SWANN  Speaker. 

For  which  his  Excellency  was  pleased  to  thank  this  House. 

Mr.  Speaker  &  the  rest  of  the  Members  returned 

Mr.  Farris  moved  that  a  Committee  be  appointed  for  stating  and  set- 
tling the  Publick  Accounts  of  this  Province  and  the  following  persons 
were  accordingly  appointed,  (to  wit.)  Mr.  John  Swann,  Coll.  W"  M'^il- 
son  Mr.  Tho.  Barber  Mr.  John  Starkey  Mr.  W"  Farris. 

Mr.  John  Starkey  moved  that  a  Committee  be  appointed  for  settling 
and  allowing  Publick  Claims  of  this  Province  and  the  following  persons 


COLONIAL  RECOEDS.  7:57 


were  accordingly  appointed  (to  wit)  Mr.  Thomas  Loviclv  Mr.  Samiiel 
Sinclare  Mr.  Edniond  Sraithwick  Mr.  George  Moore  Mr.  James  Cas- 
tellaw. 

Mr.  John  Starkey  moved  that  a  Committee  be  appointed  to  receive 
propositions  and  grievances  and  the  following  persons  were  accordingly 
appointed.  Mr.  Arthur  Mobson,  Mr.  Jos.  Clark,  Mr.  W°  Brice,  Mr. 
John  Leary,  Mr.  Sam.  Taylor,  Mr.  John  Smith,  Mr.  W"  Burgess,  Mr. 
Stevens  Lee,  Mr.  Jos.  John  Alston,  Mr.  W"  Waite,  Mr.  James  Castel- 
law,  Mr.  Henry  Baker. 

Mr.  William  Farris  moved  that  a  Committee  be  appointed  to  consider 
ways  and  means  tor  sinking  the  present  currency. 

Ordered  that  the  motion  be  delayed  till  Monday. 

The  House  adjourned  till  10  o'clock  Monday  morning. 

Monday  19""  November  1744.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  John  Hodgson,  Mr.  Joseph  Anderson,  Mr.  Henry  Baker  &  Mr. 
Dempsy  Sumner  four  of  the  Members  for  Chowan  County  appeared. 

Mr.  Benjamin  Peyton  one  of  tlie  Members  of  Beaufort  County 
appeared. 

Mr.  James  Craven  Member  for  Edenton  appeared. 

Mr.  Michael  Coutauch  Member  of  Bath  Town  appeared. 

Mr.  John  Smith  one  of  the  Members  for  Hyde  County  appeared. 

Mr.  Tully  Williams  and  Mr.  M°Rora  Scarborough  two  of  the  Mem- 
bers for  Pequimons  County  appeared. 

Mr.  John  Spiers  one  of  the  Members  of  Tyrrell  County  appeared  and 
took  the  oaths  by  Law  appointed  for  their  qualification  subscribed  the 
test  and  took  their  seats  in  the  House  accordingly. 

Ordered  That  Mr.  James  Craven  and  Mr.  Joseph  Anderson  be  added 
to  the  Committee  of  stating  and  settling  the  publick  Accounts  of  this 
Province. 

Ordered  That  Mr.  John  Smith  and  Mr.  John  Barrow  be  added  to  the 
Committee  to  receive  propositions  and  grievances. 

Mr.  Farris  moved  that  a  Committee  be  appointed  as  well  to  consider 
of  ways  and  means  for  sinking  the  present  Currency  as  also  to  consider 
of  bringing  in  a  Bill  for  a  new  Emission  of  Currency. 

Ordered  That  the  following  persons  be  appointed  of  said  Committee 
(to  wit) 

M'  Anderson  M'  Hodgson  M'  Starkey  M'  Craven  M'  Baker  M'  John 
Swann  M'  Farris  M'  Castellaw  and  M''  Dempsy  Sumner  and  they  were 
accordingly  apjiointed. 

Vol.  4—93 


738  COLONIAL  RECORDS. 


Sent,  the  following  message  to  the  Council. 

Gentlemen  of  his  Maj''°'°  hon"*  Council, 

We  have  appointed  M'  John  Swann,  M"'  John  Starkey,  M''  William 
Wilson,  M'  W"  Farris,  M'  Thomas  Barker,  M'  James  Craven  &  M' 
Joseph  Anderson  a  Committee  for  stating  and  settling  the  publick 
Accounts. 

And  M'  Thomas  Lovick,  M'  George  Moore,  M'  Samuel  Sinclare,  M' 
James  Castellaw,  and  M"'  Edmond  Smithwick  a  Committee  for  settling 
and  allowing  publick  Claims  in  conjunction  with  such  Members  of  your 
House  as  your  Honours  shall  think  projjer. 

By  order  of  the  House.  SAM.  SWANN.  Speaker. 

19'"  Nov'  1744     Sent  by  M'  Castellaw  and  M'  Starkey. 
The  House  adjourned  till  4  o'clock. 

P.  M.     The  House  met  according  to  Adj(jurnment. 
Received  from  the  Council  the  following  message  (to  wit.) 

M'  Speaker  &  Gentlemen, 

In  answer  to  your  message  by  M'  Starkey  and  M'  Castellaw  this  Hou.se 
have  appointed  Eleazer  Allen  and  Edward  Moseley  Esq"  to  be  a  Com- 
mittee to  joyn  yours  on  the  publick  Accounts  and  Mathew  Rowan  and 
Roger  Moore  Esq"  on  the  C'laims. 

By  order  of  the  Upper  House  RICH"  LOVETT.  Clk. 

Nov'  19*"  1744. 

The  House  adjourned  till  to  morrow  morning  11  o'clock. 

Tuesday  the  20*  November  1744.  The  House  met  according  to 
adjournment. 

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

Wednesday  the  21°'  November  1744.  The  House  met  according  to 
Adjournment. 

Mr.  John  Hodgson  reported  from  the  Committee  appointed  to  con- 
sider of  ways  and  means  for  sinking  the  present  paper  currency  and  pay- 
ing the  publick  debts  of  this  Province  as  follows  (to  wit.) 

Resolved.  That  a  Land  tax  of  three  pence  Proclamation  money  for 
every  hundred  acres  be  annually  paid  by  every  Land  Holder  in  Commod- 
ities as  by  Law  rated  or  in  Bill  money  for  and  during  the  space  of  seven 
years  to  be  collected  by  the  Sheriff  in  every  County  at  the  times  and  in 
manner  as  all  other  taxes  are  paid.  And  that  all  persons  who  hold  no 
lands  in  their  own  right  shall  annually  pay  a  tax  of  one  shilling  Procla- 


COLONIAL  RECORDS.  739 


mation  money  '^  pole  for  every  taxable  person  in  their  families  for  the 
said  seven  years  to  be  collected  &  paid  in  the  same  manner  as  other  taxes 
are  and  that  the  Sheriff  shall  annually  sell  the  Commoditys  and  shall 
account  with  the  Assembly  and  bring  the  Bills  to  be  burnt  annually. 

Resolved.  That  for  discovering  what  quantity  of  Lands  are  held  by 
the  proprietors  every  Land  holder  shall  on  or  before  And  so  yearly 

give  an  account  on  oath  to  a  Magestrate  of  the  County  where  he  resides 
or  to  the  County  Court  of  the  quantity  he  holds  and  where  scituate  under 
a  penalty  &  that  every  Magestrate  shall  return  such  Accounts  of  Lands 
taken  by  him  to  the  next  County  Court  under  a  penalty  and  that  the 
Clerk  of  each  County  Court  shall  make  out  a  true  Copy  of  all  such 
accounts  of  Lands  returned  to  the  Courts  by  the  Magestrates  &  returned 
to  the  Court  by  the  persons  themselves  to  be  delivered  to  the  Sheriff  of 
the  County  under  a  penalty  for  which  each  Clerk  shall  be  allowed  a  cer- 
tain summe  to  be  paid  by  the  Sheriff  out  of  the  money  collected  and 
which  shall  be  allowed  in  his  accounts. 

Resolved  That  every  person  who  doth  not  hold  in  his  own  right  one 
hundred  acres  of  Land  for  every  tithable  person  in  his  family  shall  pay 
for  every  tithable  he  hath  more  than  one  Taxable  for  every  hundred  acres 
one  shilling  Proclamation  money  '^  pole  so  as  to  make  a  more  equal  Taxa- 
tion and  that  the  Sheriff  shall  make  distress  for  non  payment  of  these 
taxes  as  of  other  Levys  Which  he  read  in  his  place 

Ordered  That  M''  Anderson,  M'  Hodgson,  &  M'  Thomas  Barker  pre- 
pare and  bring  in  a  Bill  pursuant  to  the  above  report. 

M'  Farris  moved  that  the  House  resolve  into  a  Committee  of  the  whole 
House  to  debate  the  propriety  of  a  new  Emission  of  Currency. 

Resolved  The  House  resolve  into  a  Committee  of  the  whole  House 
accordingly. 

The  House  resolved  into  a  Committee  of  the  whole  House  and  chose 
M'  Samuel  Sinclare  Chairman. 

The  Committee  having  fully  debated  the  matter  relating  to  tiie  pro- 
priety of  bringing  in  [a]  Bill  for  emitting  a  new  Currency 

Resolved  That  a  Bill  be  brought  in  accordingly. 

M''  Speaker  resumed  the  Chair. 

M'  Chairman  reported  that  the  Committee  are  of  opinion  that  a  Com- 
mittee be  appointed  to  prepare  and  bring  in  a  Bill  for  a  new  Emission 
of  Currency.     To  which  the  House  assented  and 

Ordered  That  M'  W"  Farris,  M'  .John  Swann  and  M'  John  Starkey 
do  prepare  &  bring  in  a  Bill  accordingly. 

The  House  adjournod  till  3  d'clock. 


740  COLONIAL   EECORDS. 


P.  M.  The  House  met  according  to  Adjournment. 
Tlie  House  adjourned  till  to  morrow  10  o'clock. 

Thursday  the  22°*  of  Nov'  1744  The  House  met  according  to  Ad- 
journment. 

Read  the  Petition  of  several  of  the  Inhabitants  of  that  part  of  Curri- 
tuck called  Matamuskeet.  Praying  a  Bill  be  brought  into  this  House  to 
annex  the  same  to  Hyde  County 

Ordered.  That  Mr.  Sinclare  prepare  &  bring  in  a  Bill  pursuant  to  the 
Petition 

Read  the  Petition  of  several  of  the  Inhabitants  of  Chowan  and  Pe- 
quimons  County.  Praying  a  Bill  be  brought  into  this  House  to  erect  the 
upper  part  of  said  Counties  into  a  distinct  County. 

Ordered  That  Mr.  Sumner  prepare  and  bring  in  a  Bill  pursuant  to  the 
said  Petition. 

Read  the  Petition  of  several  of  the  Inhabitants  of  Pasquotank  County. 
Praying  a  Bill  may  be  brought  in  to  erect  the  east  side  of  Pasquotank 
river  into  a  distinct  County. 

Ordered  That  Mr.  William  Burgess  do  prepare  and  bring  in  a  Bill 
pursuant  to  said  Petition. 

Read  the  Petition  of  the  upper  Inhabitants  of  Craven  County.  Pray- 
ing the  upper  part  of  Craven  County  may  be  erected  into  a  distinct 
County. 

Ordered.  That  Mr.  Nixon  do  prepare  and  bring  in  a  Bill  accordingly. 

Mr.  Barrow  moved  for  leave  to  withdraw  from  the  service  of  this 
House  on  Saturday  next  until  Wednesday  following. 

Ordered.  To  have  leave  accordingly. 

The  House  adjourned  till  3  o'clock 

P.  M.  The  House  met  according  to  Adjournment. 
The  House  adjourned  till  9  o'clock  to  morrow  morning. 

Fryday  the  23'*  of  Nov'  1744.  The  House  met  according  to  Ad- 
journment. 

Mr.  Henry  White  one  of  the  Members  for  Currituck  County  appeared 
and  Mr.  John  Dawson  one  of  the  Members  for  Northampton  County 
also  appeared  and  took  the  oaths  by  Law  appointed  for  their  qualifica- 
tion subscribed  the  Test  and  took  their  seats  in  the  House  accordingly. 

Mr.  Hodgson  from  the  Committee  appointed  for  ways  and  means,  for 
sinking  the  now  current  Bills  of  Credit  and  for  discharging  the  Puhlick 
debts  and  for  other  purposes  therein  mentioned  reported  that  they  liad 
prepared  a  Bill  for  the  above  purpose.  Which  he  read  in  his  place. 


COLONIAL  RECORDS.  741 


Ordered  The  same  pass  &  be  sent  to  the  Council. 

Sent  the  foregoing  Bill  to  the  Council  by  Mr.  Hodgson  &  Mr.  Barker. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Barker  moved  that  Mr.  Tiionias  Lowther  Accountant  to  this  House 
be  sent  for  in  custody  of  the  Serjeant. 

Resolved  That  he  be  sent  for  and  that  Mr.  Speaker  issue  his  warrant 
accordingly. 

Mr.  Barker  moved  that  the  absent  Members  who  have  not  been  excused 
by  this  House  be  sent  for  in  custody. 

Mr.  Farris  objected  to  the  said  motion  and  moved  that  the  sending  for 
the  said  Members  be  delayed. 

Mr.  Kenneday  brought  in  a  Bill  for  an  Act  for  the  better  regulating 
the  Militia  of  this  Government.  Which  he  read  in  his  place. 

Ordered  The  same  lye  on  the  Table. 

Mr.  Michael  Coutauch  moved  for  leave  to  withdraw  from  the  service 
of  this  House  till  Tuesday  next. 

Ordered  He  have  leave  accordingly. 

Mr.  Benjamin  Peyton  moved  for  leave  to  withdraw  from  the  service 
of  this  House  till  Monday  next. 

Ordered.  He  have  leave  accordingly. 

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

Saturday  the  24""  of  Nov'  1744.  The  House  met  according  to  Ad- 
journment. 

Mr.  Starkey  brought  in  a  Bill  for  an  Act  for  laying  out  the  several 
Counties  therein  named  to  make  new  roads  and  so  forth.  Which  he  read 
in  his  place. 

Ordered  The  same  pass  &  be  sent  to  the  Council  Sent  by  Mr.  George 
Moore  &  Mr.  Sinclare. 

Mr.  Sinclare  moved  for  leave  to  withdraw  from  the  service  of  this 
House  till  Monday  next. 

Ordered  He  have  leave  accordingly. 

Mr.  Farris  moved  that  Mr.  Speaker  may  issue  his  warrant  to  bring 
before  the  Committee  appointed  by  this  House  to  examine,  settle  and 
state  the  publick  Accounts  all  such  persons  who  are  Accountants  to  the 
House. 

Resolved  Mr.  Speaker  issue  his  warrant  accordingly. 

Received  from  his  Majestie's  Council  the  Bill  for  an  Act  for  sinking 
the  present  Currency. 

24""  Nov"^  1744.  In  the  Upper  House  read  the  first  time  &  passed  with 
Amendments. 


742  COLONIAL  EECOflDS. 


Mr.  Brice  moved  that  John  Risnovei'  be  exempt  from  working  on  the 
I'oads  and  musters.     Granted. 

Mr.  Brice  moved  that  Francis  Hill  be  exempt  from  paying  taxes. 
Granted. 

The  House  adjourned  till  10  o'clock  Monday  morning. 

Monday  26**  of  November  1744.  The  House  met  according  to  Ad- 
jonrnraent. 

Mr.  Brice  moved  that  a  Committee  be  appointed  to  bring  in  a  Bill  for 
an  Act  for  appointing  a  place  for  holding  the  supream  Courts  of  Judi- 
cature and  transacting  other  publick  business.  And  the  following  persons 
were  appointed  a  Committee  for  that  purpose.  Mr.  Brice,  Mr.  Barker, 
Mr.  Starkey,  Mr.  Anderson,  and  Mr.  Hodgson. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Received  from  the  Council  the  Road  Bill.  Endorsed.  In  the  Upper 
House  read  the  first  time  and  passed  with  Amendments. 

Mr.  Farris  moved  that  the  Bill  for  sinking  the  present  Bills  of  Credit 
Which  was  read  accordingly 

Mr.  Farris  moved  the  House  be  resolved  into  a  Committee  of  the 
whole  House  to  debate  on  the  subject  matter  of  the  said  Bill. 

Resolved.  The  House  resolve  into  a  Committee  of  the  whole  House. 

The  House  resolved  into  a  Committee  of  the  whole  House  And  unani- 
mously chose  Mr.  Sinclare  Chairman — After  some  time  spent  therein 
the  Committee  resolved  that  several  amendments  be  made  in  the  said 
Bill. 

Mr.  Speaker  resumed  the  Chair. 

Mr.  Chairman  reported  that  the  Committee  had  resolved  that  several 
amendments  be  made  in  the  said  Bill  And  reported  the  same  accordingly. 

Ordered  The  same  amendments  be  made  which  was  accordingly  done. 

Ordered  The  said  Bill  be  sent  to  the  Council. 

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

Tuesday  the  27""  November  1744.  The  House  met  according  to  Ad- 
journment. 

Sent  the  Bill  for  sinking  the  Currency  to  the  Council  with  amend- 
ments by  Mr.  Moore  &  Mr.  Sinclare. 

Mr  Nixon  brought  in  a  Bill  for  erecting  the  upper  part  of  Craven 
County  into  a  County  by  the  name  of  County  and  for  inipowering 

tiie  Justices  of  said  County  to  lay  a  pole  tax  of  Proclamation  money  on 
the  tithablo  Inhabitants  of  the  same  and  for  defraying  the  charges  & 


COLONIAL  RECORDS.  743 


expenoes  of  huikling  a  Court  House,  Prison  and  Stocks  in  said  County 
and  for  other  purposes  therein  mentioned.  Which  he  read  in  his  place. 

Ordered  The  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Nixon  and  Mr.  Brice. 

Read  the  Petition  of  George  Gould  Surveyor  General  of  the  Prov- 
ince aforesaid.  Praying  this  House  would  enable  him  by  note  or  other- 
wise to  take  such  Fees  for  surveying  Lands  as  to  them  shall  seem  meet 
untill  a  Law  may  pass  for  settling  the  same. 

Resolved.  That  the  Petitioner  demand  and  receive  for  each  and  every 
Survey  he  shall  hereafter  make  by  himself  or  Deputy  the  summe  of  ten 
pounds  currant  Bills  of  Credit  until  other  provision  shall  be  made  by 
this  House. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Read  the  Petition  of  Timothy  Clancy  of  Onslow  County.  Praying  to 
be  exempt  from  working  on  the  roads  &  musters.     Granted. 

Read  the  Road  Bill  the  second  time  and  passed  with  Amendments. 

Ordered  The  same  pass  &  be  sent  to  the  Council. 

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

Mr.  Nixon  moved  for  leave  to  bring  in  a  Bill  to  enable  persons 
therein  named  to  account  with  demand  and  receive  of  the  Commissioners 
appointed  for  building  a  church  in  New  Bern. 

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

The  House  adjourned  till  to  morrow  3  o'clock. 

P.  M.  Wednesday  28'"  Nov'  1744,  p.  m.  The  House  met  accord- 
ing to  Adjournment. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Thursday  29""  Nov'  1744.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  Abraham  Doncan  was  allowed  the  summe  of  twenty  five  pounds 
for  House  rent  for  the  Council  February  Sessions  of  Assembly  at  Bath 
Town  174.3. 

The  House  adjourned  till  3  o'clock. 

P.  M.  The  House  met  according  to  Adjournment. 

Mr.  Burgess  brought  in  a  Bill  for  an  Act  for  erecting  the  North  East 
side  (jf  Pasquotank  County  into  a  County  by  the  name  of  Middlesex 
County  and  for  impowering  the  justices  of  the  said  County  to  lay  a  levy  or 
pole  Tax  of  Proclamation  money  on  the  tithable  Inhabitants  of  the 

same  for  defraying  the  charges  and  expenses  of  building  a  Court  House 


744  COLONIAL  RECORDS. 


Prison  and  Stocks  in  said  County  and  for  other  purposes  therein  men- 
tioned. Which  he  read  in  his  place 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Burgess  and  Mr.  Sumner. 

Mr.  Sumner  brought  in  a  Bill  for  an  Act  for  erecting  the  upper  part 
of  the  County  of  Chowan  and  the  County  of  Pequimons  into  a  County 
by  the  name  of  County  and  for  impowering  the  justices  of  said 

County  to  lay  a  levy  or  pole  tax  of  Proclamation  money  on  the 

tithable  inhabitants  of  the  same  for  defraying  the  charges  and  expences 
of  building  a  Court  House  Prison  and  Stocks  in  said  County  and  for 
other  purposes  therein  mentioned.  Which  he  read  in  his  place. 

Ordered  the  same  to  pass  &  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Burgess  and  Mr.  Sumner. 

Sent  the  following  message  and  resolve  to  the  Council  (to  wit.) 

Gentlemen  of  his  Maj""  hon''''  Council, 

We  have  considered  the  Petition  of  George  Gould  Surveyor  General 
of  this  Province  and  have  passed  the  following  resolution  (to  wit.) 

In  the  General  Assembly  Resolved,  That  the  said  George  Gould  de- 
mand and  receive  for  each  and  evei-y  survey  he  shall  hereafter  by  himself 
or  Deputy,  make  the  sura  of  ten  pounds  Current  Bills  of  Credit  until 
other  provision  shall  be  made  by  the  General  Assembly. 

And  desire  your  Honour's  Concurrence  thereto.  By  order  of  the 
House.  SAM.  SWANN,  Speaker. 

Mr.  Stevens  Lee  reported  from  the  Committee  of  Propositions  and 
Grievances  ag  follows  (to  wit.) 

Resolved  by  this  Committee  that  no  produce  of  this  Province,  being 
accepted  in  payment  of  Quit  rents  of  late  years  nor  the  current  Bills  at 
less  than  ten  for  one  which  is  equal  to  sterling  money  as  this  from  the 
great  scarcity  of  Silver  and  Gold  puts  it  entirely  out  of  the  power  of 
the  greatest  part  of  the  inhabitants  of  this  Province  to  pay  their  Quit 
rents,  being  contrary  to  the  Grand  Deed  and  also  a  Law  of  this  Prov- 
ince, is  a  very  great  grievance. 

Resolved  by  this  Committee  that  several  persons  pretending  to  hold 
or  claim  great  tracts  of  Land  in  this  Province  by  warrants,  and  keep 
the  same  uncultivated  and  where  there  have  been  surveys  uj)()n  the  said 
warrants  the  persons  claiming  by  virtue  of  the  said  warrants  pretend 
their  Lands  have  not  been  surveyed  according  to  their  warrants  which 
|iretence  prevents  many  persons  settling  in  this  Province  is  a  very  great 
grievance. 


COLONIAL  RECORDS.  7\: 


Tliat  all  Officers  ilcmandiiig'  new  fees  by  authority  of  tiie  Governor 
and  Council  for  longer  time  than  till  the  end  of  the  next  General  Assem- 
bly after  such  order  is  contrary  to  the  Law  and  a  grievance. 

And  that  any  Court  appointing  new  fees  is  contrary  to  the  Laws  oi' 
this  Province  and  to  the  right  of  the  subject. 

Resolved  by  this  Committee  that  the  payment  of  the  Powder  money 
and  footage  money  hath  not  answered  the  end  designed,  the  Vessells 
having  paid  more  for  ])ilotage  to  Pilots  since  that  I^aw  than  before  is  a 
grievance. 

Resolved  by  this  Committee  that  all  single  men  &  other  strollers  hunt- 
ing, killing  the  Deer  at  all  times  leaving  the  carcases  in  the  woods  which 
bring  down  the  vermin  and  increase  them  and  also  burn  the  herbage 
rarely  pay  any  taxes  or  tend  any  corn  is  a  grievance.  And  the  Commit- 
tee further  recommend  to  the  House  that  such  persons  should  be  obliged 
(o  plant  and  tend  Corn  and  givesecurity  for  their  taxes  under  a  penalty.. 

Resolved  by  this  Committee  that  the  property  of  all  unmarked  stocks 
are  inve.sted  in  the  owners  of  the  Land  they  range  upon,  or  the  stocks 
they  range  amongst,  unless  any  special  property  can  be  proved.  And  it 
is  the  opinion  of  tiiis  Committee  that  the  rangers  commission  as  it  is  now 
executed  in  killing  people's  unmarked  stocks  and  driving  about  their 
marked  stocks  by  Deputy's  rangers  or  their  Deputies'  Deputies  is  a  Griev- 
ance therefore  [it  is]  our  opinion  that  the  House  Do  address  His  Ex- 
cellency the  Governor  to  move  the  Grievance  aforesaid. 

Resolved.  That  the  preferring  indictments  at  the  General  Court  cog- 
nizable in  the  Circuit  Courts  against  pei'sons  living  within  the  jurisdiction 
of  the  same  is  a  Grievance. 

Resolved  by  this  Committee  that  all  malicious  prosecutions  against 
innocent  persons  when  acquitted  l)v  the  jury,  Fees  demanded  fVom  them 
by  the  Officers  is  A  Grievance. 

Resolved  by  this  Committee  that  the  attendance  of  twenty  four  jurors 
out  of  each  County  as  jurors  at  the  Assizes  without  anything  to  defrav 
their  expenses  is  A  Grievance  as  less  numbers  might  do  and  those  allowed 
out  of  the  Counties  tax. 

Resolved  by  this  Committee  that  the  practice  of  the  several  Sheriffs 
in  the  North  part  of  this  Province  in  summoning  forty  eight  Grand 
Jurymen  from  eight  Counties  to  serve  at  the  General  Court  and  great 
fines  levied  on  those  that  do  not  appear  when  those  that  do  appear  have 
no  allowance  for  their  time  nor  expences  is  A  Grievance. 

Resolved  by  this  Committee  that  to  the  Inhabitants  of  many  Counties 
in  this  Province,  the  want  of  appointing  military  Officers  to  prevent 
General  Musters  is  found  to  be  very  oppressive  to  such  persons  beiuff 
Vol.  4—94 


J4i3  COLONIAL  RECORDS. 


obliged  to  attend  General  Musters  out  of  the  several  Counties  where  they 

live  is  A  Grievance. 

HENRY  BAKER  JOSEPH  CLARK 

STEVENS  LEE  JOS.  J""  ALSTON 

ARTHUR  MABSON  W-  WAITE 

WILLIAM  BRICE  SAM'  TAYLOR 

JOHN  SMITH  JOHN  SURRY. 
WILLIAM  BURGESS. 

To  which  tiie  House  concurred. 

Received  from  the  Council  the  Bill   for  sinking  the  present  currency. 
Endorsed  in  the  Upper  House  the  second  time  and  passed. 
And  also  the  following  Message  with  the  said  Bill. 

Mr.  Speaker  and  Gentlemen, 

We  send  you  the  Bill  for  sinking  the  Bills  of  credit  read  in  our  House 
a  second  time  and  passed  with  such  amendments  as  we  conceive  material 
and  necessary  to  the  end  for  which  it  is  intended  But  as  your  House 
may  differ  perhaps  in  opinion  with  us,  in  the  said  Amendments,  and  as 
we  are  very  willing  to  preserve  that  harmony  and  good  understanding 
that  ought  to  subsist  between  us.  We  therefore  thought  proper  to  send 
you  our  reasons,  why  we  have  judged  such  amendments  necessary. 

The  firsj;  and  most  essential  is  the  alteraiion  of  the  nature  of  the  Tax 
which  we  have  made  at  6''  per  hundred  acres  on  all  Lands,  and  the  like 
summ  on  all  Tithables  inclusive  of  all  slaves  of  any  age,  sex  or  denomir 
nation. 

The  reason  for  this  was  that  we  have  never  received  any  scheme  or 
calculation  from  you  of  the  number  of  acres  of  Land  in  this  Province, 
we  formed  a  judgement  by  one  of  our  own,  which  we  have  reason  to 
believe  is  pretty  exact  and  having  allowed  two  million  five  hundred  thou- 
sand acres  of  Land  taxable  in  the  Province,  and  sixteen  thousand  Titha- 
bles we  found  that  the  annual  summ  these  two  articles  would  raise  at  the 
aforesaid  rate  amount  to  no  more  than  nine  hundred  and  fifteen  pounds 
proclamation  ^  annum  which  summe  will  sink  tiie  Bills  in  a  little  less 
than  eight  years  but  as  this  tax  may  probably  be  augmented  by  the 
addition  of  other  lands  and  tithables  within  that  space  we  thought  it 
might  be  sufficient  for  the  purpose  within  the  time  limited  by  the  Bill, 
And  to  bear  the  charge  that  must  necessarily  attend  the  execution  of  it. 

The  next  material  alteration  we  have  made  is  the  species  this  tax  was 
to  be  paid  in  and  the  method  of  collecting  it,  both  which  we  think  were 
left  too  loose  and  vague  in  the  Bill  as  it  came  to  us,  all  references  to  other 
laws  in  cases  of  this  nature  being  in  our  apprehensions  only  so  many 


COLONIAL  RECORDS.  747 


holes  and  skulking  places  left  ojjen  to  evade  the  execution  of  it  especially 
in  this  case  when  it  is  considered  that  the  Law  this  Bill  is  supposed  to 
referr  to  has  still  a  reference  to  a  prior  Law  &  that  Law  repealed. 

For  these  reasons  we  have  specified  the  particulars  in  which  this  tax 
is  to  be  paid,  and  therein  mention  but  two  Commodities,  because  they 
are  both  of  them  of  universal  value  and  may  be  easily  brought  to  the 
place  of  payment  Whereas  iiad  we  included  other  bulky  and  perisiiable 
Commodities  the  charge  attending  their  collection,  the  loss  on  the  sale  of 
them  and  other  defalcations  would  have  occasioned  so  considerable  a 
reduction  in  the  tax,  that  the  end  of  it  would  in  great  measure  be 
defeated. 

It  was  for  these  reasons  we  made  the  Amendments  as  to  the  Commod- 
ities and  the  method  of  collecting  them  must  follow  of  course. 

The  last  Amendment  Gentlemen  is  the  striking  out  the  clause  for  an 
allowance  to  the  Council  &  Assembly  and  we  should  be  heartily  glad  our 
reasons  for  this  were  fewer  and  less  cogent  than  they  are,  nor  can  we  con- 
ceive the  least  shadow  of  reason  why  this  clause  should  be  incerted  in 
this  Bill  unless  both  Houses  will  consent  to  joyn  in  proclaiming  that  they 
are  still  resolved  to  persist  in  that  little  regard  too  often  shewn  to  pub- 
lick  faith  heretofore,  a  circumstance  every  man's  understanding  will  sug- 
gest to  him  only  on  the  consideration  of  the  several  laws  that  have  been 
past  since  the  year  one  thousand  seven  hundred  and  thirty  four  and  five 
with  regard  to  Taxes  &  Bills  of  credit  which  there  is  no  reason  to 
recapitulate  because  there  are  st)  many  of  your  House  who  remember  the 
affairs. 

If  you  think  Gentlemen  that  the  payment  of  the  Council  and  Assem- 
bly for  their  past  services  is  of  such  consequence  and  a  matter  of 
justice  you  will  at  the  same  time  think  that  the  debts  of  the  Province 
already  allowed  for  several  Committees  should  be  likewise  provided  for 
and  then  a  publick  tax  for  that  purpose  only  deducting  what  summs  are 
due  to  the  publick  on  the  several  acts  whereby  money  has  been  raised 
will  surely  be  thought  as  necessary  and  in  this  shape  we  think  the  two 
Houses  can  hardly  disagree  with  each  other  on  the  matter. 

The  two  alterations  on  the  Title  and  preamble  of  the  Bill  you'l  see  to 
be  necessary  from  the  nature  of  the  thing. 

By  order  of  the  Upper  House  RICH*  LOVETT  Clk. 

November  29'"  1744. 

The  House  adjourned  till  9  o'clock  to  iporrow  morning. 

Fryday  the  SO""  November  1744.  The  House  met  according  to  Ad- 
journment. 


748  COLONIAL  RECORDS. 


Received  from  the  Council  the  message  sent  to  them  yesterday  in  rela- 
tion to  George  Gould  Esq"  Surveyor  General.  Endorsed  in  Council 
29"'  November  1744.     Concurred  to. 

ELEAZ:  ALLEN  Chairman. 

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

P.  M.     The  House  met  according  to  Adjournment. 
The  House  adjourned  till  9  o'clock  to  morrow  morning. 

Saturday  the  1"  December  1 744  The  House  met  according  to  Ad- 
journment. 

The  House  adjourned  for  an  hour 

The  House  met  according  to  Adjournment. 

Sent  the  following  message  to  the  Council  by  Mr.  Farris  and  Mr. 
Sinclare,  to  wit 

Gentlemen  of  his  Maj'"'  hon"'  Council 

We  shall  in  the  strictest  manner  always  endeavour  to  keep  up  that 
harmony  and  good  understanding  between  the  two  houses  so  essen- 
tially necessary  to  the  well  transacting  the  business  of  the  publick  there- 
fore as  we  cannot  agree  with  you  in  the  several  amendments  you  were 
pleased  to  make  to  the  Bill  for  sinking  the  publick  Bills  of  Credit  on 
it's  second  reading  in  your  House,  have  by  other  amendments  endeav- 
oured to  remove  the  causes  of  your  objection  and  instead  of  a  general 
tax  of  six  pence  per  hundred  acres  of  land  and  six  pence  on  Tithables  we 
propose  a  tax  of  one  shilling  and  four  pence  on  the  Tithable  persons  in 
this  Province  only  which  we  think  will  effectually  answer  the  purpose 
intended  by  the  said  Bill  in  eight  years  the  time  now  proposed.  And 
we  hope  you  will  joyn  in  opinion  with  us  when  you  consider  on  a  mod- 
erate calculation  there  may  be  fourteen  hundred  thousand  tithable  per- 
sons in  this  province  and  there  will  be  also  a  yearly  encrease  of  them, 
the  reason  you  give  for  your  second  Amendment  of  the  said  Bill,  is  that 
the  species  the  Tax  was  to  be  paid  in  and  the  method  of  collecting  it 
were  left  too  loose  and  vague  to  remedy  we  have  referred  to  the  particu- 
lar laws  that  are  now  in  force.  And  the  several  commodities  payable  for 
other  publick  Taxes  by  those  laws,  (except  beef)  we  have  agreed  shall 
and  may  be  paid  in  discharge  of  this  Tax,  as  we  are  of  opinion  that 
after  all  necessary  charges  &  deductions  are  allowed  this  tax  will  be  suffi- 
cient to  answer  the  end  designed. 

As  to  your  last  Amendment  in  intirely  striking  out  the  clause  for  the 
payment  of  other  publick  debts  we  must  desire  you  to  consider  that  this 
Bill  is  calculated  tor  sinkinsi  the  whole  of  the  Publick  Bills  of  Credit 


COLONIAL  RECORDS.  749 


tliat  are  now  subsisting  current  in  this  Provinee  as  a  debt  occa.sione(l  by 
the  funds  for  sinking  the  same  being  unavoidably  brolce  in  upon  by  tlie 
several  exigencies  that  have  happened  on  the  affairs  of  this  Province  and 
as  the  suninie  to  be  raised  by  this  tax  will  sink  the  whole  Bills  that  have 
emitted  in  the  space  of  eight  years  as  is  proposed 

And  that  a  sumrae  of  money  will  be  remaining  in  the  hands  of  the 
Treasurers  of  the  several  Countys  near  sufficient  to  pay  of  the  other 
debts  due  from  the  Pnblick  we  cannot  see  there  is  any  shadow  of  reason 
whv  those  money  should  not  be  applyed  to  that  purpose,  as  such  an 
application  would  not  in  any  manner  break  in  on  the  fund  or  tax  now 
laid  which  as  we  before  observed  will  sink  the  whole  of  the  Bills  of 
Credit  that  have  been  emitted  in  this  Province  in  the  time  in  the  said 
Bill  limitted.  Therefore  we  have  again  incerted  the  clause  for  applying 
the  money  in  the  hands  of  the  several  Treasurers  as  aforesaid  to  the  pay- 
ment of  several  summs  due  from  the  Pnblick  to  the  several  persons  as 
by  the  estimate  annext  to  the  Bill  will  appear  and  for  the  compleating 
of  which  desire  your  Honours  will  send  an  estimate  of  what  is  due  to 
the  Members  of  your  House  to  be  incerted.  And  we  hope  you  can  have 
no  objection  to  a  Bill  so  well  calculated  for  sinking  the  Bills  of  Credit 
And  paving  the  just  debts  of  the  Publick  which  are  the  only  ends  de- 
signed by  it. 

Mr.  Castellaw  produced   the  reports  from  the  Committee  of  Publick 
Claims  to  this  House  which  was  agreed  to. 
The  House  adjourned  till  Monday  10  o'clock. 

Monday  the  3''  December  1744.  The  House  met  according  to  adjourn- 
ment. 

Mr.  M°rora  Scarborough  acquainted  this  House  that  Mr.  George 
Durant  one  of  the  Members  for  Pequimons  County  is  dead  therefore 
moved  his  Excellency  the  Governor  be  addressed  to  order  the  Clerk  of 
the  Crown  to  issue  a  writ  to  elect  a  ]\Iember  to  serve  in  the  General  As- 
sembly in  the  room  and  stead  of  the  said  George  Durant  deceased. 

Resolved  his  Excellency  the  Governor  be  addressed  accordingly. 

Mr.  George  Moore  moved  for  leave  to  be  absent  from  the  service  of 
this  House. 

Ordered  he  have  leave  accordingly. 

The  House  adjourned  till  .3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 
Sent  the  Bill  for  sinking  the  present  Currency  to  the  Council  bv  Mr. 
Lovick,  Mr.  Scarborough. 

The  House  adjourned  till  to  morrow  <S  o'clock. 


750  COLONIAL  RECORDS. 


Tuesday  the  4*^  Dec'  1744. 

Mr.  Craven  produced  the  following  Accounts  to  this  House  (to  wit.) 

THE   PUBLICK   OF   NORTH    CAROLINA   TO   GEORGE   LISI.ES   AND 
JOHN    HARLOW  D' 

To  executing  a  warrant  from  the  House  when  sitting  at 
Bath  on  Mr.  James  Sumner  a  Member  thereof  for  Pe- 
quimons  County  Ten  days  at  thirty  shillings  per  diem.       15.     "     " 

To  D*  on   Mr.   Caleb  Sawyer  Member  of  Pasquotank 

County  twelve  days  at  thirty  shillings  per  diem.  18.     "     " 

To  D°  on  Mr.  Thomas  Pindelton  as  above.  18.     "     " 

To  D°  on  Mr.  Thomas  Lowther  Member  for  Currituck 

County,  14  days  at  30"  per  diem.  21.     "     " 

To  D°  on  Mr.  Thomas  Hunter  12  days  at  thirty  shil- 
lings per  diem.  18      "     " 


George  Lisles         111. 


THE    PUBLICK    OF    NORTH    CAROLINA    TO    GEORGE    LISLES. 

To  executing  a  warrant  from  the  House  when  sitting  at 
Edenton  On  Mr.  Simon  Bryan  a  Member  thereof  for 

Pasquotank  County  six  days  at  30"  per  diem.  9. 

To  D"  on  Mr.  Thomas  Pendelton  as  above.  9. 

To  D*  on  Mr.  Caleb  Sawyer.  9. 

To  D°  on  Mr.  W"  Surry  Member  for  Currituck  County 

8  days  at  30'  per  diem.  12. 

To  D"  on  Mr.  Henry  White  as  above.  12. 

To  D"  on  Mr.  Caleb  Wilson  12. 


George  Lisles         £63. 


Resolved  That  the  foregoing  persons  pay  unto  the  said  George  Lisles 
and  John  Harlow  the  several  summs  to  their  name  annexed  before  the 
next  General  Assembly  otherwise  they  be  sent  for  to  answer  to  the  House 
for  such  their  contempt. 

Sent  the  following  message  to  his  Excellency  the  Gov' 

May  it  please  Your  Excellency, 

Mr.  George  Durant  one  of  the  Members  for  Pequimons  is  deceased. 
Therefore  pray  your  Excellencyto  order  the  Clerk  of  the  Crown  to  issue 


COLONIAL  RECORDS.  751 


a  writ  to  elect  a  Member  to  serve  in  the  General  Assembly  in  the  room 
of  the  said  deceased.     By  order  of  tiie  House. 

SAM.  SWANN.  Speaker. 

Mr.  Joseph  Anderson  from  the  Committee  of  Aroonnts  reported  as  by 
book. 

Sent  the  following  message  to  the  Co'.inoil. 

Gentlemen  of  his  Maj"''  hon""  Council. 

The  Committee  of  Accounts  having  received  from  se%-eral  of  the  Ac- 
countants the  summe  of  one  hundred  fifty  two  pounds  seventeen  shil- 
lings and  eleven  pence.  Therefore  we  have  resolved  that  the  several 
charges  for  the  Council  room  and  the  Committee  of  Claims  and  Accounts 
at  Bath  Town  and  New  Bern  and  the  Committee  of  pi-opositions  and 
grievances  at  New  Bern  To  be  |)aid  as  follows  to  wit. 

d. 
Mrs.  Lister  for  Council  room  at  New  Bern 
Mrs.  Howant  at  Bath  Town  for  the  Committee  Ace" 
Mr.  Ar'  Johnson  for  Committee  claims  at  New  Bern 
Mr.  Adams  at  New  "Bern  for  Committee  Accounts. 
Mr.  Higgins  for  Com"*°  of  propositions  &  Grievances 
Mr.  Maecubbins  for  benches  for  Assembly. 

And  that  the  several  Clerks  of  the  Committees  after  the  above  is  paid 
shall  be  paid  out  of  the  remainder  of  the  said  money  the  sums  following 
to  wit. 
To  Richard  M°Clure  for  acting  as  Clerk  to  Committee  of 

Public  Accounts  at  Bath  and  this  present  sessions.  100    "    " 

To  George  Maccarthy  C""'  Committee  Claims  this  session.         25    "    " 
To  Rowland  Porter  Finch  C'"*  Committee  Claims  at  Bath.         15    "    " 

In  equal  proportion  as  far  as  the  same  will  extend  to  which  we  desire 
vour  Honour's  Concurrence. 

By  Order.  SAM.  SWANN.  Speaker. 

Sent  the  following  message  to  the  Council 

Gentlemen  of  his  Ma.i'''''  hon""  Council 

We  send  you  herewith  the  reports  of  the  Committee  of  Accounts  and 
of  the  Claims  that  have  been  allowed  of  by  this  House  this  Sessions. 
And  desire  your  Honour's  (Concurrence  thereto. 

By  Order.  SAM.  SWANN.  Speaker. 

Received  from  the  Council  the  followino-  message. 


£. 

s. 

30 

" 

15. 

" 

15. 

" 

15 

" 

6. 

10 

2. 

15. 

752  COLONIAL  RECORDS. 


M'  Speakek  &  Gentlemen, 

Oil  reading  the  Bill  for  sinking  the  now  current  Bills  of  Credit  a  third 
time  in  our  House  we  find  so  many  clauses  in  it  lyable  to  exception  that 
we  have  unanimously  rejected  it,  and  are  iieartily  sorry  Gentlemen  a  Bill 
of  this  consequence  should  be  so  clogged  with  forreigii  (as  we  conceive) 
unreasonable  Clauses  as  to  render  it  impossible  for  us  to  assent  to  without 
departing  from  our  duty  both  to  his  Majesty  and  the  whole  Province 
which  shall  be  always  the  rule  of  our  conduct. 

By  order  of  the  Upper  House.  RICH"  LOVETT.  C'"' 

Dated  4"'  Dec:  1744. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

His  Excellency  tiie  Governor  commanded  this  House's  immediate 
attendance  in  the  Council  Chamber. 

M'  Speaker  with  the  House  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber.  When  his  Excellency  was  ])leased  to  Prorogue  this 
Assembly  to  the  first  Tuesday  in  April  next  then  to  be  held  in  New 
Bern. 

M'  Speaker  with  the  House  returned  &  pronounced  the  Prorogation 
accordingly. 

Test :  W"  HERRITAGE  Clerk  General  Assembly. 


1745. 

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

North  Carolina,  Perqnimons  Feb^'  27,  174f 
Rev*  Sie  [to  the  Secretary] 

After  a  tedious  Passage  of  14  Weeks  I  arrived  at  Virg"  the  2.3"'''  of 
Nov''  past  &  at  Home  in  N°  Carolina  the  29""  having  suffered  consider- 
able loss  in  My  small  Estate  in  my  long  absence.  I  waited  upon  His 
Excellency,  Gab'  Johnston  our  Governor  at  whose  desire  I  delivered  to 
Him  the  Missionaries  box  of  books  (Mr.  Garcia  Dying  about  the  time 
of  my  arrival)  who  told  me  that  he  would  take  care  &  send  them  to  the 
S°Ward.  I  Preached  several  times  at  Kingston  near  Portsmouth  on 
board  the  Mermaid  in  the  passage,  in  the  several  Churches  in  Virg'  & 


COLONIAL  RECORDS.  75?. 


about  10  or  12  times  in  different  Places  where  I  am  appointed  a  Mis- 
sionary; Baptized  about  100  Children  &  one  adult  brought  up  in  Ana- 
baptism  the  People  being  very  well  pleased  with  my  Ministrations. 
There  is  neither  Church  or  Glebe  in  this  part  of  the  Country  or  greater 
livings  than  about  £37.  10.  Sterling  provided  by  law.  However  I  have 
very  lately  agreed  with  the  Vestry  of  Chowan  Parish  for  £45.  P'  An- 
num &  to  settle  near  Edenton ;  &  to  officiate  in  the  Court  House  there 
in  Town,  two  Sundays  (till  the  Church  is  built)  &  every  third  at  30  or 
40  Miles  distance,  the  Parish  being  of  vast  extent  &  the  Tythables 
about  1200  &  few  Dissenters  or  Sectaries  among  them  the'  many  are 
Perquimons  &  Pasquotank  Counties.  I  mean  Quakers  &  some  Bap- 
tists, the  former  of  which  are  very  guilty  of  Railing  against  the  Church 
&  Minister  even  in  Public.  However  I  hope  (notwithstanding  this  & 
other  obstructions  I  often  meet  with  from  some  few  ill  disposed  people) 
by  Gods  gracious  assistance  to  see  the  good  effects  of  my  Labours. 
There  being  several  Religious  Churchmen  to  be  found  &  the  common 
people  are  naturally  teachable  and  ingenious  &  was  there  a  Minister 
&  Schoolmaster  in  every  Parish  (as  there  ought  to  be)  there  would  be 
but  few  Dissenters  or  Sectaries  in  this  province,  as  themselves  declare 
they  go  to  Meeting  because  they  have  not  an  opportunity  of  going  to 
Church.  I  have  distributed  the  small  Tracts  according  to  the  best  of 
my  judgment  in  that  Parish  where  I  am  about  to  settle  foi"  which  the 
people  return  hearty  Thanks  to  the  Society  &  likewise  for  me  their 
Missionary.  I  purpose  (God  willing)  in  April  &  May  to  visit  every 
chapel  &  neighbourliood  within  my  Mission — to  disperse  the  small 
Tracts,  Preach  &  Baptize  and  so  continue  to  do  once  every  year  which 
will  be  about  400  Miles  Riding. 

I  am  sorry  to  acquaint  you  that  the  Church  of  Edenton  is  yet  unfin- 
ished but  now  we  have  good  hopes  of  its  going  forward;  and  in  the 
mean  time  Divine  Service  is  performed  in  the  Court  House,  the  congre- 
gation behaving  with  devotion  &  decency  several  of  which  are  very  de- 
sirous to  receive  the  Holy  Sacrament  of  the  Lord's  Supper.  We  are  at 
a  loss  for  a  Church  Bible  &  Common  Prayer  Book,  having  none  in  my 
library,  neither  is  there  any  here  to  be  bought.  I  hope  in  my  next  to 
write  more  particular!}',  &  to  yours  as  well  as  my  satisfaction  ;  as  I  have 
the  Countenance  of  the  Gov'  wiio  is  a  pious  &  worthy  Gent;  &  the 
good  will  of  all  good  Protestants  in  the  Place  that  know  me ;  tho'  my 
duty  is  very  hard  &  I  must  expect  to  meet  with  some  Difficulties,  having 
already  a  large  family  to  provide  for. 

Sir,  your  most,  &c.,  CLEMENT  HALL. 

Vol.  4—95 


4 

754  COLONIAL  RECORDS. 


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

Brunswick  March  26.  174-5 
Rev*  Sir,  [to  the  Secretary] 

During  these  six  Months  past,  I  have  officiated  only  one  Sunday  out 
of  this  Parish.  I  had  also  accepted  of  an  Invitation  to  celebrate  the 
Holy  Sacrament  of  our  Lord's  Supper  in  another  &  gave  notice  thereof 
the  Sunday  before  But  being  Credibly  informed  on  the  Monday  That 
the  Vestry  expressed  some  Resentment  at  my  leaving  them  of  a  Sunday, 
I  instantly  dispatched  a  boy  with  a  Letter  of  excuse.  Acquainting  the 
Gentlemen  who  had  invited  me.  That  I  was  apprehensive  my  Compli- 
ance with  their  Request  would  involve  me  in  a  Law  Suit  with  the  Ves- 
try which  I  was  firmly  resolved  to  avoid  by  all  means.  As  long  as  I 
resided  among  them.  Not  to  mention  the  notorious  Contrariety  of  this 
conduct  to  the  least  Tincture  and  appearance  of  Charity,  I  shall  only 
enquire  how  far  the  Liberality  of  our  Vestries  can  intitle  them  to  lord 
it  over  me  in  this  manner  &  the  Venerable  Society  may  form  a  Judg- 
ment from  the  following  Particulars. 

I  have  formerly  hinted  that  my  Salary  is  very  ill  Paid.  They  either 
do  not  Pay  at  all  or  when  they  do  it  is  in  such  a  way  as  turns  to  little  or 
no  account.  The  essential  Branch  of  the  Constitution  of  this  Province 
methinks  is  to  do  as  little  justice  as  possible  to  Creditors  they  do  not 
seem  to  be  any  wise  solicitous  even  to  save  appearance  in  this  respect. 
This  has  discouraged  the  importation  of  Goods  &  emboldens  such  as 
dare  trade  with  us  to  insist  upon  the  most  extravagant  prices.  Yet  one 
cannot  persuade  the  Inhabitants  of  this  Province  that  they  are  anywise 
to  blame  in  this  case.  They  are  angry  indeed  that  they  have  not  Goods 
imported  on  reasonable  terms  as  the  two  ueighboui'ing  Colonies.  How- 
ever to  do  them  justice  they  do  not  boggle  at  the  Price  for  if  the  Mer- 
chant gets  the  better  of  them  here  they  know  how  to  be  up  with  him  in 
the  Payment. 

For  two  years  and  upwards  I  have  been  endeavouring  to  recover  by 
course  of  Law  my  first  years  Salary  which  was  £161.  Currency  that  is 
£16.  2.  sterling,  But  have  not  been  able  to  obtain  Judgment  &  when  I 
do  they  can  Pay  me  with  less  than  the  third  part  of  the  real  value  by 
over  rating  Commodities  which  the  Law  obliges  us  to  take  in  Payment. 
This  years  Salary  they  have  paid  in  Rice  (delivered  to  the  Inspecter  as 
I  hear)  at  six  shillings  three  pence  Sterling  P'  Hundred  and  it  sells  in 
Charles  Town  for  very  little  above  two  Sh'  St*.  Besides  the  misfortune 
here  is  Tho'  I  were  willing  to  sell  it  at  One  S*"  Ster^  P'  Hundred  there  is 


COLONIAL  RPX'ORDS. 


no  Merchant  to  buy  it  No  Vessel  to  carry  it  off  and  slioukl  it  be  all  sum- 
mer in  this  hot  Climate  as  possibly  it  must,  I  do  not  know  if  it  will  be 
worth  anything  in  the  Fall.  They  cannot  pay  my  Salary  for  the  pre- 
ceeding  Year  in  Rice,  at  this  high  rate  because  they  did  not  bring  it  to 
the  Inspector  before  the  First  of  February  174|  and  they  would  not  do 
it  then  because  it  was  worth  the  money  the  Law  rated  it  at,  Nor  would 
they  Pay  it  that  Year  in  Bills  of  Paper  Currency,  because  they  did  not 
begin  to  sink  in  value  then,  for  the  Law  that  emitted  them  enacts  that 
they  shall  pass  Current  in  all  Payments  till  the  End  of  April  1745. 
The  Assembly  met  last  November  &  no  Provision  was  made  to  indem- 
nify such  as  shall  have  the  Paper  Currency  in  their  Hands  after  the  lim- 
ited time.  A  great  majority  was  of  the  opinion  that  the  loss  should  be 
intirely  to  the  Present  Possessors,  and  that  no  Reparation  of  Damages 
should  be  made  by  the  Public  that  reaped  the  advantage  of  the  Emission, 
and  hence  it  is  that  some  months  ago  our  Paper  Currency  is  of  little 
Service  but  to  such  as  are  in  Debt,  and  thus  such  as  are  Creditors  may 
expect  to  be  paid  off  before  next  May  with  a  little  waste  Paper,  Not- 
withstanding His  Excellency  the  Governor  has  done  all  he  could  to  pre- 
vent it,  I  believe  I  should  not  be  much  mistaken  if  I  said  He  had 
ordered  the  Assembly  to  meet  again  about  the  beginning  of  April,  that 
He  might  give  them  another  opportunity  of  doing  Justice  to  every  Man 
in  the  affair  of  the  present  currency.  Some  Members  of  the  House  are 
in  hopes  He  may  succeed,  others  tell  me  this  must  inevitably  prove  as 
fruitless  as  any  of  His  former  attempts.  As  concerning  their  M'ords  I 
pronounce  nothing.  But  all  I  can  gather  from  their  actions  is  that 
whatever  their  attainments  may  be  in  other  respects  they  are  pretty  well 
versed  in  the  American  Lotteries  of  cancelling  any  kind  of  obligations 
by  the  easy  Method  of  over  rating  a  Commodity  or  by  causing  Paper 
Bills  of  credit  to  be  issued  out  where  there  is  no  Fund  to  support  them. 
My  Letters  of  Ajjril  &  October  have  informed  the  Venerable  Society 
How  I  agreed  with  this  Vestry  to  continue  their  Minister  another  Year 
upon  their  promising  to  find  me  a  House,  They  imagine  their  promise  is 
made  good  by  giving  me  leave  to  Lodge  in  the  Garret  of  a  little  House, 
Below  it  serves  for  a  Chapel  of  a  Sunday  &  a  School  thro'  the  week  days. 
My  Slave  cooks  for  himself  in  the  open  Air,  &  I  am  obliged  to  shift 
from  place  to  place  for  a  dinner  or  a  Supper  Frequenting  their  Taverns 
or  Public  Houses  of  Entertainment  much  against  my  inclination  indeed, 
for  I  think  them  the  very  worst  upon  the  face  of  the  Earth  in  more 
respects  thau  one  &  what  is  still  more  provoking  they  wonder  that  being 
thus  situated  I  do  not  fancy  myself  in  Paradise  sometimes. 


756  COLONIAL  RECORDS. 


I  have  many  other  particulars  of  this  nature  to  add,  But  your  patience 
must  be  tired  out  already  &  I  must  own  it  is  with  reluctance  that  I  so 
much  as  think  of  them,  Pray  be  so  good  as  to  bear  with  me  a  little  longer 
Now  that  I  am  taking  the  liberty  to  tell  you  My  Resolutions,  I  never 
received  a  Letter  from  you  but  that  dated  March  23,  1741  &  it  is  evi- 
dent from  my  Letters  to  you  that  I  have  but  a  poor  opinion  of  the  gen- 
erosity or  Fidelity  of  our  Vestry,  what  then,  perhaps  you  may  say.  Why 
I  am  resolved  to  wait  for  advice  from  the  Venerable  Society  &  propose 
in  the  mean  time  to  Perform  the  Duties  of  my  Function  to  those  of  our 
Communion  within  the  several  Parishes  &  Districts  '^of  my  Mission  & 
since  M"'  Garcia's  Death  have  also  some  thoughts  of  visiting  the  Parishes 
on  the  other  side  Neuse  before  the  fall  &  so  much  the  rather  because  in 
so  doing  I  should  yield  to  the  Importunities  of  many  &  become  more 
capable  of  giving  a  just  account  of  this  Colony  where  the  Inhabitants 
of  the  Southern  &  Northern  Parts  are  as  much  divided  in  Their  views 
&  interests  as  if  tliey  composed  two  different  opposite  States,  After  all  I 
do  not  know  if  my  Health  will  permit  me  to  take  so  long  a  Journey. 
The  Physician  tell  me  it  would  mightily  repair  my  Constitution  to  spend 
one  Summer  in  a  colder  Climate.  This  Prescription  might  have  been 
acceptable  enough  had  the  Rev''  M''  Garcia  been  still  alive.  But  if  I 
shall  find  myself  under  a  necessity  of  complying  with  it  sooner  or  later 
Hope  the  venerable  Society  will  indulge  me  so  far  as  to  suffer  me  to 
come  to  London  in  the  Summer  of  the  year  1746.  If  these  resolutions 
have  the  good  fortune  to  meet  with  the  approbation  of  the  Venerable 
Society,  I  have  my  end.  If  not  I  have  erred  thro'  necessity  and  shall 
always  be  proud  to  receive  orders  &  Instructions  from  them.  Since  Mich- 
aelmas I  have  baptized  54  white  children  and  one  black.  I  have  ad- 
mitted to  the  Holy  Communion  23  Persons  &  desire  my  half  years  Sal- 
ary may  be  paid  to  M"'  W"  Dunbar  Merchant  in  London.  I  am  with 
the  greatest  Submission,  Rev*  Sir,  Yours,  &c., 

JAMES  MOIR. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  298.J 

Sir,  [Gov.  Gabriel  Johnston] 

As  it  is  now  above  three  years  since  we  have  received  arty  letters  from 
you  notwithstanding  we  did  in  ours  to  you  of  the  19""  of  July  last  take 
notice  of  this  neglect  we  think  we  have  great  reason  to  renew  our  com- 
plaint on  this  head  &  likewise  to  observe  to  you  that  you  have  not  been 
less  deficient  in  sending  us  such  public  papers  as  by  your  instruction  you 


COLONIAL  RECORDS.  757 


are  required  to  do  to  the  end  that  at  all  times  we  might  be  well  acquainted 
with  the  true  state  and  condition  of  His  Majesty's  Province  under  your 
government     So  we  bid  you  heartily  farewell  and  are 
Your  very  loving  friends,  &c., 

MONSON  B.  LEVISON-GOWER 

R.  PLUMER       M.  BLADEN 
Whitehall  June  27*  1745.  J  A.  BRUDENELL 

P.  S.  Whereas  doubts  have  arisen  in  some  of  His  Majesty's  Planta- 
tions in  America  whether  any  of  His  Majesty's  Natural  Born  Subjects 
taken  on  board  any  of  the  Enemy's  ships  committing  hostilities  against 
His  Maj.  subjects  and  thereby  guilty  of  High  Treason  may  be  tried  as 
Pirates  by  the  Courts  of  Admiralty  in  the  several  Plantations,  We  send 
you  inclosed  an  Act  entitled  An  Act  to  amend  an  Act  made  in  the  seventh 
year  of  the  reign  of  King  William  the  third  entitled  an  Act  for  the  more 
effectual  suppression  of  Piracy  for  your  conduct  therein. 

MONSON. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  53.  p.  20.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday  February  6*  174| 
Present 
Lord  Monson 
Col.  Bladen.  Mr.  Plumer. 

Mr.  Pitt. 
Read  a  letter  from  Mr.  M'Culloh  Commissioner  for  supervising  and 
controlling  the  revenues  and  grants  of  land  in  North  and  South  Caro- 
lina to  this  Board  dated  at  Cape  Fear  the  27""  of  July  1744  inclosing 
copy  of  a  letter  to  Mr.  Johnston  Governor  of  North  Carolina  dated  also 
at  Cape  Fear  the  6""  of  July  1744  inclosing  likewise  the  following 
papers  Viz : 

Observations  in  relation  to  His  Maj.  Order  of  Council  dated  the  19* 
of  May  1737  most  humbly  submitted  to  the  Right  Hon"'  the  Commiss" 
for  Trade  &  Plantations  by  Henry  M°Culloh. 

Copy  of  the  Representation  of  Henry  M°Culloh  to  His  Excellency 
Gabriel  Johnston  Esq"*  in  Council  with  Observations  thereon. 

Copy  of  a  Representation  of  Henry  M°Culloh  in  behalf  of  Murray 
Crymble  James  Huey  and  their  Associates  to  Gabriel  Johnston  Esq" 
Gov'  of  North  Carolina. 


758  COLONIAL  RECORDS. 


Ordered  that  enquiry  sliould  be  made  if  he  has  any  Agent  here  and 
that  the  said  Agent  should  be  desired  to  attend  and  in  case  he  has  none 
that  Messrs.  Crimble  &  Huey  have  the  same  notice  given  them. 

[Page  22.  J 

Thursday  February  7'"  174| 
The  Board  having  been  informed  that  Mr.  Howson  was  Agent  to  Mr. 
M°Culk>h  ordered  a  letter  to  be  wrote  to  him  to  desire  his  attendance 
here  Tuesday  next  in  order  to  have  some  discourse  with  him  on  the  sub- 
ject of  a  letter  and  other  papers  received  from  M'  M°Culloh  and  read  as 
mentioned  in  yesterday's  Minutes. 

[Page  24. ) 

Tuesday  February  12'"  174f 
Mr.  Howson  Agent  for  Mr.  M°Culloh  after  some  discourse  had  with 
him  on  the  subject  of  the  letter  and  other  papers  received  from  the  said 
Mr.  M°Culloh  the  Board  acquainting  him  that  as  the  grievance  com- 
plained of  in  his  said  letter  related  to  his  private  &  not  his  public  ca- 
pacity they  could  not  give  him  any  assistance  therein  but  were  of  opinion 
he  ought  to  apply  to  the  Council  for  relief. 

[Page  86.] 

Wedne.sday  June  26*  1745. 
The  draught  of  a  letter  to  Mr.  Johnston  Gov'  of  North  Carolina  hav- 
ing been  prepared  was  laid  before  tiie  Board  agreed  to  and  ordered  to  be 
transcribed — and  was  signed  the  next  day — June  27"" 

[Page  112.  J 

Thursday  Sepf^  19*  1745 

Read  a  letter  from  Mr.  M'Culloh  Commi.ss'  for  supervising  and  con- 
trolling the  Revenues  and  Grants  of  Lands  in  North  and  South  Carolina 
to  the  Secretary  dated  at  Cape  Fear  the  15""  of  February  174^  and  like- 
wise one  dated  the  IG*  of  January  inclosing  a  Representation  to  this 
Board  relating  to  the  difficulties  and  obstructions  he  meets  with  in  the 
execution  of  his  office. 

Ordered  that  a  letter  be  wrote  to  Mr.  Scrope  Secretary  to  the  Lords 
Comm"  of  his  Maj.  Treasury  for  inclosing  a  copy  of  the  said  Repre- 
sentation for  the  information  of  that  Board. 


COLONIAL  RECORDS. 


759 


[From  the  MSS.  Records  op  North  Carolina  OonNciL  Journals.] 


COUNCIL  JOURNALS. 

At  a  Council  held  at  Newbern  4*  April  1745 

Present  His  Excellency  Gabriel  Johniston  Esq'  Gov  &c 

(  Nath  Rice  Mathew  Rowan  ~|     Esq"  Members 

'<■  Robert  Halton      Eleazer  Allen      V  of  His 

(  William  Forbes  j  Majesty's  Council 


The  Honobh 


County. 

Whites. 

Blacks. 

Mathew  Rowan  Esq' 

N.  Hanover 

26 

Nathaniel  Rice  Esq' 

D" 

17 

John  Mills 

Craven 

7 

2 

John  Clark  for  John  Cheek 

Bladen 

6 

Mark  Philips 

Craven 

7 

John  Rogers 

D° 

1 

John  Rose 

D» 

7 

Thomas  Smith 

D» 

8 

2 

John  Becton 

D" 

2 

2 

Joseph  Balch 

D« 

1 

1 

John  Russell 

4 

Read  the  following  Petitions  for  Warrants  Viz 

Richard  James  300  New  Hanover,  D"  D°  200  D°,  D"  D"  300  D°, 
John  Williams  200  D°,  Richard  Greenwood  200  N.  Hanover,  Nath 
Rice  and  Ep"  Vernon  400  D",  D°  D"  400  D°,  Robert  Callahan  200 
Craven,  Nathaniel  Rice  250  D°,  William  Person  400  Edgecombe, 
Robert  Ryley  200  Craven,  William  Benson  200  Edgecombe,  John 
Egerton  300  D°,  William  Manuering  300  Craven,  John  M"Caslin  200 
Bladen,  John  Sanderson  350  Hyde,  James  Grange  500  Bladen,  Roger 
Moore  Esq'  320  N.  Hanover,  Charles  Harrison  200  D",  D°  D°  320 
D°,  D"  D"  100  U»,  Robert  Young  300  Edgecombe,  John  Wade  200 
D",  John  Burfoot  200  D",  Job  Rogers  450  D",  John  Lawhorn  400  D", 
Abraham  Odam  100  D°,  Samuel  M°Kubbin  400  Craven,  Thomas 
M°Clendon  550  D°,  Henry  Heaton  150  D°,  Joseph  Balch  200  D",  Ben- 
jamin Griften  300  D°,  William  Martin  400  Beaufort,  Edward  Phelp  300 
Tyrrel     Granted 

Read  the  following  Petitions  for  Patents,  Viz' 

John  Sterkee  300  Onslow,  John  Gyles  250  Craven,  James  Hasell  540 
N.  Hanover,  D°  D°  300  D",  D"  D°  640  D°,  Moses  Houlston  18(3  Cart.e- 
ret,  Nath'  Rice  250  N.  Hanover,  Isaac  Buck  200  Beaufort. 


760  COLONIAL  RECORDS. 


Ordered  by  His  Excellency  the  Governour  in  Council,  That  the  Attor- 
ney General  Prosecute  Mr  John  Davis  for  Burning  Lightwood  oft  the 
Kings  Land  in  New  Hanover  County,  and  that  this  Order  be  his  War- 
rant for  the  same. 

Mr  Lattimore  sworn  saith — That  he  was  at  the  House  of  Samuel 
Goodman  on  Pe  Dee  and  that  there  were  18  Guns  fired  into  the  said 
Goodmans  house  where  the  Deponant  then  was  a  Guard. 

Upon  Reading  the  Depositions  of  Samuel  Goodman  and  John  Hick- 
man Setting  forth  &c  And  Hugh  Lattimore  and  John  Clark  being 
Sworn  to  declare  what  they  knew  of  the  matter,  His  Excellency  was 
pleased  to  Referr  the  Consideration  thereof  till  tomorrow  morning 

At  a  Council  held  the  5'"  day  of  April  1745 

Present  His  Excellency  Gabriel  Johnston,  Esq',  Gov'  &c 

Tl     TT      bl   /  ^^^^^  ^^ce  Roger  Moore      1  Esq"  Members  of  His 

\  Mathew  Rowan  William  Forbes  /    Majesty's  Council 

His  Excellency  the  Governour  was  pleased  this  day  by  and  with  the 
unanimous  consent  of  His  Majesty's  Council  to  Order  the  Attorney 
General  at  the  next  Court  of  Assize  to  be  held  for  New  Hanover  to 
Prosecute  John  M'Koy  Cai-ey  Kibbs,  Thomas  Red  and  Job  Red  for 
Beating  and  Imprisoning  and  Shooting  several  Guns  thro'  the  House  of 
Samuel  Goodman  Esq'  One  of  His  Majesties  Justices  in  Commission  of 
the  Peace  for  the  County  of  Bladen,  the  said  Goodman  being  then  in  the 
Execution  of  his  Office  and  having  then  Edward  Turner  and  Gilbert 
Turner  two  Horse  Stealers  in  his  Custody,  and  also  that  the  Attorney 
Prosecute  William  Turner  Edward  Turner  and  Gilbert  Turner. 

His  Excellency  the  Governour  was  also  Pleased  with  the  unanimous 
consent  and  Advice  of  His  Majesty's  Council  on  hearing  Several  Com- 
plaints against  Samuel  Goodman  Esq'  One  of  His  Majesty's  Justices  in 
Commission  of  the  Peace  for  the  County  of  Bladen  for  Mai  Practice  in 
tiie  Execution  of  his  Office  as  a  Majestrate,  to  Order  the  said  Goodman 
to  be  struck  out  of  the  Commission  of  the  Peace  for  said  County 

On  Reading  this  Day  at  the  Board  the  Petition  of  Zacharia  Martin 
Deputy  Sheriff  of  Bladen,  setting  forth.  That  the  Justices  of  the  County 
Court  of  Bladen  had  fined  him  Five  Pounds  Proclamation  Money  for 
failing  to  Return  some  Writs  into  the  Clerks  Office  in  due  time  which 
the  Petitioner  would  have  done  but  that  he  was  at  the  time  he  should 
have  returned  the  said  Writs  dangerously  ill 

His  Excellency  the  Governour  thereupon  was  Pleased  with  the  advice 
and  consent  of  the  Council  to  Remit  the  said  Fine. 


COLONIAL  RECORDS.  761 


At  a  Council  held  at  Newbern  6""  April  1745 

Present  His  Excellency  Gabriel  Johnston,  Esij''  (tov'  &v 

(  Nath'  Rice         Mathew  Rowan  "j      Esq"  Members 

The  H()noble<  Eleazer  Allen    Roger  Moore       >  of  His 

(  William  Forbes  j  Majesty's  Council 

Read  the  foUovving  Petions  for  Warrants,  Viz' 

Hardy  Bryan  200  Craven,  Hardy  Bryan  400  D",  D"  D"  400  D°,  Ed- 
ward Bryan  400  D",  D°  D°  250  D",  D°  D°  400  D°,  John  Gyles  200  D", 
Joiin  Becton  200  Bladen,  Francis  Spivy  100  Edgecombe,  John  Sanders 
300  Carteret,  John  Becton  200  Bladen,  Benj^  Peyton  640  Beaufort,' Wil- 
liam Eaton  200  Edgecombe,  John  Gyles  200  N.  Hanover,  D°  D"  200 
Craven,  John  Fonville  150  D",  D°  D°  250  D",  James  Gumley  320  D°, 
Samuel  Vines  100  Beaufort,  John  Slaughter  200  D°,  Abraham  Ester 
200  Hyde,  William  Watkin  400  Beaufort,  Benj='  Martin  200  Hyde, 
John  Worsley  Jun'  350  Beaufort,  John  Robert  Lanier  300  Tyrrel,  Rich- 
ard Chesson  300  Onslow,  John  Mills  150  Craven,  John  Russell  200  D", 
John  Tendall  200  Beaufort,  Simon  Burney  400  D",  Edward  Brown  450 
Edgecombe,  John  Wiggins  200  Tyrrell,  George  Cannon  150  Beaufort, 
William  Andrews  550  Edgecombe,  John  Cotton  300  Edgecombe,  Wil- 
liam Andrews  450  D°,  William  Taylor  300  D°,  William  M=Gee  250  D% 
Samuel  Ruffin  100  D°,  D°  D°  300  D",  William  Horn  150  D°,  William 
Watson  200  Craven,  Thomas  Long  300  D°,  William  Everett  200  Cra- 
ven, Robert  Rayford  150  T)°,  Robert  Hatcher  250  D°,  Henry  Jernigan 
200  Edgecombe,  Abraham  Shepi)ard  200  Craven,  Moses  Horn  350 
Edgecombe,  Thomas  Kearney  200  D°,  D°  D°  200  D",  George  Deemy 
200  Craven,  Benjamin  Sanders  150  D°.     Granted. 

Ordered  that  the  Surveyor  Return  a  Survey  of  Worseley  and  Brickies 
Land. 

Read  the  following  Petitions  for  Patents,  Viz' 

William  Eaton  300  Edgecombe,  Isaac  Buck  200  Beaufort,  Robert 
Clark  100  Craven,  Richard  Holland  200  Edgecombe,  Christ"  Guinn  102 
D",  Charles  Stevens  206  Edgecombe,  David  Whitney  200  D°,  William 
Boshen  240  N.  Hanover,  John  Edwards  595  N°  Hampton,  John  Tindal 
100  Beaufort,  Nevil  Bell  200  Carteret,  William  Kennaday  200  Craven, 
Robert  Howell  100  Bertie,  John  Tindall  200  Beaufort,  Thomas  Howell 
200  Craven,  William  Henderson  150  T>%  William  Bush  300  D°,  William 
Martin  100  Beaufort,  D"  D"  400  D",  Charles  Cavenah  200  Edgecombe, 
Abraham  Odam  200  D",  John  Hennard  200  D°,  Joseph  Howell  200  D°, 
John  Hennard  150  D",  Joseph  Anderson  560  D",  D°  D°  335  D°,  D"  D" 
2000  D",  D°  D°  125  D",  D°  D°  460  D°,  D"  D"  660  D",  D"  D"  625  D°,  D" 
D"  400  D%  Abraham  Odam  200  D°,  Abraham  Odam  200  Edgecombe, 

Vol.  4^96 


762  COLONIAL  RECORDS. 


William  Eaton  400  D°,  D"  D"  300  D",  Theop'  Weeks  100  Onslow,  Ger- 
sham  Howland  450  D",  John  Harrington  400  Beaufort,  Benjamin 
Hodges,  300  D°,  William  Cannon  400  D",  Isaac  Clievanneaux  150  Hyde, 
John  Smith  100  D°,  William  Congleton  300  Beaufort,  Roger  Mason  50 
Hyde,  D"  D°  100  D°,  William  Dunbarr  300  Beaufort,  Henry  Snoad  300 
D",  Edward  Outlaw  280  N.  Hanover,  William  Williams  640  D°,  James 
Hazell  640  D°,  John  Grenade  300  Craven,  Thomas  Dudley's  Petition  for 
an  Escheat  Patent  Granted,  William  M'Henry  Petition  for  a  Piatt 
Granted. 

Read  the  Memorial  of  Eleazer  Allen  Esq'  [in]  the  following  Words, 
to  wit. 

North  Carolina 

To  His  Excellency  Gabriel  Johnston  Esq'  Governour  of  North  Carolina 

in  Council 

The  Memorial  of  Eleazer  Allen  Esq'  Receiver  General  of  the  said 
Province  Sheweth. 

That  your  Memorialist  some  time  in  November  last  Received  a  Letter 
from  Henry  McCulloh  Esq'  Commission  of  the  Quit  Rents  Dated 
Socrate  the  lO""  November  1744  wherein  among  other  things  he  charges 
Your  Memorialist  as  he  apprehends  with  an  Intention  to  defraud  the 
Crown  by  not  giving  due  Credit  for  Tobacco  and  other  Commodities 
Received  by  Virtue  of  the  Quit  Rent  Law,  In  the  following  words, 
Viz' 

In  looking  over  your  last  account  of  the  Receipts  of  Quit  rents  De- 
livered to  the  Deputy  Auditor,  I  find  that  you  have  only  credited  the 
Crown  for  Four  Hundred  and  twelve  Pounds  three  Shillings  and  three 
Pence,  for  the  neat  Proceeds  of  Tobacco,  Deer  Skins  and  Bees  Wax, 
Received  in  the  Several  Precincts  of  Albemarle  County  in  Pursuance 
of  the  late  Quit  Rents  Law  As  I  appreheml  you  have  Past  Receipts 
upon  the  receipts  of  these  Commodities  for  near  double  the  sum  which 
is  brought  to  the  Credit  of  His  Majesty's  Ace'  Current,  I  am  to  desire 
you'll  transmit  to  me  a  Particular  Account  of  the  diflFerent  Species  of 
Goods  that  you  Received  in  Payment  of  Quit  Rents,  and  in  what  man- 
ner the  loss  arose  thereon. 

To  which  Letter  your  MenKjrialist  Replied  the  26""  of  the  same  month 
in  General  by  saying,  That  if  lie  the  said  Henry  M°Culloh  Esq'  had  any 
objections  to  make  to  his  (the  Memorialist)  Ace'  or  could  by  any  means 
find  out  any  fraud  of  any  kind  to  the  Prejudice  of  the  Crown  he  would 
do  an  acceptable  Service.  That  it  was  to  the  Right  Honoble  the  Lords 
of  the  Treasury  he  apprehended  he  was  accountable  &c.  which  Original 


COLONIAL  RECORDS.  7G3 


Letter  and  Copy  of  Reply  are  Ready  to  be  produced  and  referred  to. 
As  your  Memorialist  has  had  the  Honour  to  serve  the  Crown  in  the 
Office  of  Receiver  General  for  many  Years  he  hopes  with  Integrity  and 
Exactness,  he  is  under  great  concern  at  an  Imputation  of  this  kind  and 
having  great  Reason  to  believe  that  the  said  Henry  M°Culloh  Esq'  under 
Pretence  of  his  Office  has  or  may  transmit  to  the  Right  Honoble  the 
Lords  of  the  Treasury  this  or  some  other  suggestions  of  this  kind,  kindly 
Prejudicial  to  the  Character  of  your  Memorialist,  He  therefore  begs 
leave  to  ap])ly  to  your  Excellency  and  this  Hon*''"  Board  for  assistance 
in  the  means  to  vindicate  himself  from  the  operation  and  Insinuation 
the  said  Henry  M'Chdloh  has  unjustly  laid  upon  him  by  summoning  the 
said  Henry  M^Culloh  Esq'  to  appear  in  Council  at  a  Proper  time  to  shew 
cause  (if  any  he  can)  why  he  has  charged  your  Memorialist  which  de- 
frauded His  Majesty  of  near  one  half  of  the  Tobacco  and  other  Com- 
modities by  him  heretofore  Received  strongly  Implyed  in  this  said  Let- 
ter, and  to  proceed  therein  as  to  your  Excellency  and  this  Honourable 
Council  shall  seem  meet  ELEAZER  ALLEN 

Dated  April  5'"  1745 

Ordered  that  Mr  M'Culloh  have  notice  to  attend  this  Board  to  Shew 
&c. 

Ordered  that  for  the  future  no  Patent  be  Granted  where  the  Return 
is  for  Greater  or  less  Quantity  of  Land  than  is  contained  in  the  War- 
rant unless  the  Surveyor  who  Surveyed  the  said  Land  appears  and  make 
Oath  that  there  was  no  more  Vacant  Land  adjoyning  to  the  Land  de- 
scribed in  the  Warrant,  And  that  for  the  future  no  Surveyor  Presume 
to  Survey  more  Land  than  the  Quantity  contained  in  the  Warrant  to 
him  Directed 

The  following  Persons  were  admitted  to  Prove  their  Rights 

County.  Whites.  Blacks. 

Simon  Herring  Craven  6  4 

William  Reddick  D°  5 

William  Skibbs  for  James  Long  N.  Hanover     6 

D"  D"     for  Stephen  Hollingsworth       D"  6 


Member.' 


At  a  Council  held  at  New  Bern  8'"  April  1745 

r  Nathaniel  Rice     Edward  Moseley^l     E.sq"  Mem 
The  Honoble  <  Mathew  Rowan    Roger  Moore         >  of  His 

(  William  Forbes  j  Majestys  Council 

Read  the  following  Petitions  for  Warrants  Viz' 

William  Seson   300   Edgecombe,   William   Duke   300   D°,   Nicholas 
Golefler  400  D",  John  Fowler  400  D°,  Rose  Hutsbeth  640  D°,  William 


764  COLONIAL  RECORDS. 


Duke  300  D°,  Peter  Kersey  100  D",  David  Douglass  400  N"  Hampton, 
James  Payne  640  Edgecombe,  Arch''  Hamilton  1,500  New  Hanover, 
James  Cane  200  Edgecombe,  James  Jones  300  D°,  Garret  Wall  100  D°, 
Robert  Hilliard  600  D",  River  Jordan  200  D°,  Lodowick  Tanner  200 
D",  Edward  Robertson  400  D°,  George  Jordan  150  D",  Francis  Battis 
200  D",  Thomas  Leigh  170  Tyrrel,  Robert  Hilliard  200  Edgecombe 

Read  the  following  Petitions  for  Patents 

Roger  Moore  Esq'  600  N.  Hanover,  Stephen  Lee  100  Tyrrel,  Thomas 
Lowther  100  Curratuck,  Edm''  Blount  200  Tyrrell,  George  Moore  300 
Bladen,  D"  D"  320  D°,  D"  D"  320  D°,  D°  D°  320  D",  John  Sloan  200 
Onslow,  Nath'  Rice  &  Rob'  Hakou  500  Bladen     Granted 

At  a  Council  held  at  Newbern  10'"  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq"  Gov.  &c 

i  Nathaniel  Rice       Edward  Moseley  ^    Esq"  Members 
Robert  Halton        Roger  Moore         >  of  His 

Mathew  Rowan      William  Forbes   j  Majestys  Council 
Read  the  following  Petitions  for  Warrants  Viz' 

Robert  Halton  300  N.  Hanover,  Hardy  Hinton  300  Craven,  James 
Duncan  200  D",  William  Middleton  300  D",  John  Patterson  300  Bla- 
den, James  Boon  100  Craven,  Isem  Simms  200  D°,  James  Barton  100 
D",  James  Johnson  200  Carteret,  Absolom  Tyler  300  Craven,  W"  Red- 
dick  300  D°,  Mark  Philips  275  Craven,  Henry  Johnson  100  Craven, 
George  Laws  200  Edgecombe,  Benj"  Boiling  200  Bladen,  Joseph  Lates 
200  Beaufort,  Samuel  Smith  200  Craven,  Alexander  Every  600  D°, 
William  Cockran  100  D",  Thomas  Tyson  200  D",  William  Hester  200 
Bladen,  Mark  Norfleet  200  Edgecombe,  William  Hilliard  400  N° 
Hampton,  Isaac  Davenport  300  Edgecombe,  David  Jernigan  100  Cra- 
ven, Ambrose  Jackson  200  Edgecombe,  Samuel  Hareewell  200  D",  Ar- 
thur Jordan  400  N"  Hampton,  Tim"  Terril  600  Bladen,  Thomas  Machet 
100  Craven,  John  Thornton  400  Edgecombe,  Philip  Mulkey  300  D°, 
Tim"  Terril  150  Bladen,  Thomas  Murrell  150  D°,  James  Speir  350 
Edgecombe,  James  Nolleyboy  200  D",  Osborne  Jeffreys  150  Tyrrel, 
Nicho=  Tyner  200  N"  Hampton,  William  Williamson  200  Craven,  Wil- 
liam Pugh  200  Edgecombe,  Charles  Williamson  200  Onslow,  John  Car- 
raway  200  Craven,  Abi-aham  Warren  100  Edgecombe,  William  Lend- 
sey  50  Beaufort,  Michael  Blocker  200  Bladen,  John  Moy  300  Edge- 
combe, James  Jenkins  300  D°,  John  Brittle  400  N"  Hampton,  John 
Smith  150  Craven,  John  Forbes  320  Beaufort,  William  Williford  250 
Bertie,  Anthony  Herring  Son  of  Sam'  Herring  640  Craven,  James 
Green  100  N.  Hanover,  Stephen  Hollingswortii  600  D",  John  Batler  100 
Onslow,  John  Barrow  150  Beaufort,  Forster  Jarvis  100  Hyde,  Edm" 
Smithwick  300  Tyrrel     Granted 


COLONIAL  RECORDS.  765 


Read  the  following  Petitions  for  Patents  Viz* 

John  Gatlin  200  Craven,  Thomas  Jones  200  Bladen,  Joseph  Winn  95 
Chowan,  John  Snell  300  Tyrrel,  John  Moore  100  Craven,  Ann  Craw- 
ford 300  Onslow,  William  Phipp  100  Beaufort,  Jeremiah  Swain  350 
Tyrrell,  John  Pisack  200  Beaufort,  Ep'  Vernon  300  Bladen,  James 
Ridgeway  100  Onslow,  William  Butler  150  D",  Joiin  Davis  500  Bladen, 
John  Anderson  320  N.  Hanover,  Rieliard  Whittington  100  Edgecombe, 
Duncan  IVPCoulskey  200  Bladen,  Mary  M'ljaughliu  100  Craven, 
Thomas  Smith  640  N°  Hampton,  William  Barden  290  D°,  Phili])  Alston 
640  Edgecombe,  James  Alston  350  D",  David  Whitney  200  D",  Henry 
Everett  150  Craven,  D"  D"  300  D°,  William  Moore  640  D",  Edw* 
Smithwick  300  Tyrrel,  William  M°Gowau  340  N.  Hanover,  James  Mur- 
ray 150  Onslow,  John  Linkfield  200  Beaufort,  Christain  Ipack  150 
Craven,  John  Jordan  360  Hyde,  James  Adams  200  Beaufort,  John 
Tuley  50  Hyde,  John  Murphey  150  Craven,  George  Stevenson  373 
Edgecombe.     Granted. 

The  following  Persons  were  admitted  to  prove  their  Rights 

John  Price 

.John  Wright  N.  Hanover  8  9 

Benjamin  Martin  Hyde  6  2 

Simon  Burney 

William  Watkins 

Abr''  Easter 

John  Slaughter 

Samuel  Vines 

James  Gumley 

John  May 

Thomas  Machett 

At  a  Council  held  at  Newbern  11'"  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov'  &e 

{Nath  Rice  Roger  Moore       ~j     Esq"  Members 

Robert  Halton        Edw"  Moseley      V  of  His 

Mathew  Rowan      William  Forbes  j  Majesty's  Council 
Henry  M°Culloh  Esq'  not  appearing  to  make  good  the  Allegations 
alledged  in  his  Caveat  against  sundry  Persons  obtaining  Grants  for  Land 
Lying  in  Bladen  County  Ordered  that  the  said  Caveat  be  dismissed 
Read  the  following  Petitions  for  Warrants,  Viz' 

John  Wright  640  N.  Hanover,  Charles  Cavenah  200  Edgecombe,  John 
Wrigiit  640  N.  Hanover,  William  Rogers  200  Craven,  Andrew  Morgan 
100  Craven,  .John  Rice  400  D°,  Robert  Ryley  450  D°,  .Tames  Duncan 


County. 

Craven 

Whites. 

3 

N.  Hanover 

8 

Hyde 
Beaufort 

6 
8 

D° 

8 

Hyde 

4 

Beaufort 

7 

D° 

1 

Craven 

3 

Beaufort 

4 

Craven 

4 

766  COLONIAU  RECORDS. 


300  N.  Hanover,  Chris"  Dudley  100  Ouslow,  Franc'  Alexander  280  N. 
Hanover,  Dan'  M°Guffey  100  D",  Samuel  Swann  800  Tyrrell,  Robert 
Parks  400  Craven,  D"  D"  640  N.  Hanover,  And'  Kellet  200  Onslow, 
Moses  Tyson  500  Beaufort,  Robert  Parks  400  Craven,  Thomas  Sutton 
200  D°,  Joseph  Hare  200  D",  Ben]"  Crowell  150  Curratuek,  Evan  Miller 
150  D°,  Samuel  Williams  300  D°,  Benjamin  Perry  50  Pequimons,  George 
Eason  200  D°,  Jos.  John  Alston  640  Edgecombe,  Thomas  Fesher  200 
Craven,  John  Rice  400  D°.     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

William  Kinchen  Sen'  400  Craven,  Isaac  Ricks  300  D°,  Thomas  Ma- 
son 150  Hyde,  William  Cooper  150  Beaufort,  Elias  Fork  400  Craven, 
Henry  Jarrell  200  D°,  John  Doyle  400  Edgecombe,  Ralph  Hudspath 
640  D",  Thomas  Kearny  300  D°,  Edra*  Kearny  640  D",  George  Laws 
250  D",  Anthony  Crocker  100  D°,  Susannah  Anderson  200  D",  Jos. 
John  Alston  500  D°,  D"  D"  600  D°,  D"  D°  400  Chowan,  William  Allen 
100  N°  Hampton,  Carolus  Anderson  640  D°,  Jacob  Braswel  300  Edge- 
combe, Nath'  Bradford  .300  Bertie,  JohnGillum  327  N"  Hampton,  Joseph 
Boon  100  Craven,  Benjamin  Hill  640  Edgecombe,  D°  D"  200  D",  Wil- 
liam Johnson  600  Edgecombe,  Charles  Jordan  200  N"  Hampton,  D°  D° 
200  D°,  Thomas  Kerby  200  Edgecombe,  D"  DMHO  D°,  William  Mearns 
300  D°,  John  Oneals  200  Edgecombe,  Parker  200  D",  D"  D°  640 

D°,  Sampson  Pope  225  D°,  Thomas  Parker  300  D",  George  Smith  200 
Craven,  John  Taylor  100  Edgecombe,  D"  D"  150  D°,  D"  D"  200  D", 
Francis  Wallis  200  D°,  William  Williams  600  Onslow,  Hugh  McAlex- 
ander  320  N  Hanover,  William  Carr  200  D",  Alexander  Chambers  600 
D°,  Francis  Hodges  200  Craven     Granted. 

The  following  Persons  were  admitted  to  Prove  their  Rights 

County.  White.     Black. 

Francis  Hodges  Craven  6 

John  Carruthers  D°  3 


At  a  Council  held  at  Newbern  1.5""  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov"'  &c 

r  Nathaniel  Rice     Edward  Moseley'^     Esq"  Members 
The  Honoble<^  Robert  Halton      William  Forbes    V  of  His 

(  Mathew  Rowan    Roger  Moore        j  Majesty's  Council 
Read  the  following  Petitions  for  Warrants,  Viz' 

Robert  Powell  100  Craven,  Robert  Cox  300  Pequimons,  Thomas 
Lewis  100  Tyrrell,  Thomas  Walton  640  Chowan,  John  Rus.sell  150 
Craven,  Robert  Howard  200  D°,  Benj»  Holliman  300  Bertie,  Edward 
Roberts  400  D°,   Levi   Anderson  150  Beaufort,  Mary  Porter  640  N. 


COLONIAL  RECORDS.  767 


Hanover,  John  Greenade  60  Craven,  Richard  Kemp  400  D°,  Jolin 
Brown  200  D",  Simon  Herring  600  N.  Hanover,  Nicholas  Baggot 
600  N°  Hampton,  Antliony  Herring  300  Craven,  Robert  Hill  200 
Edgecombe,  John  Meezle  300  Bertie,  Owen  Rece  250  Pasquotank,  Bry- 
ant Ward  300  Bladen,  John  Fonville  400  Craven,  Jacob  Taylor  *100  D", 
Thomas  Martin  400  D°,  Charles  Harrison  200  N.  Hanover,  Jacob  Paul 
300  Bladen,  D°  D°  50  D°,  Jn°  &  Lancaster  Lovick  200  Carteret,  Joseph 
Pittman  100  Craven,  John  Sympson  500  Onslow,  John  Swann  500  N. 
Hanover,  Jacob  Reasonover  100  Craven,  William  Curlee  200  D°,  Joel 
Lashly  200  D°,  John  Davis  100  N.  Hanover.     Granted. 

Read  the  following  Petitions  for  Patents  Viz' 

James  Wright  80  Onslow,  William  Wyat  313  Perquimons,  D"  D°  200 
D°,  James  M°Kehvean  550  Craven,  George  Reed  300  Carteret,  Neal 
Shaw  200  Bladen,  Peter  Adam  500  Chowan.     Granted. 

At  a  Council  iield  at  Newbern  l?""  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq"  Gov''  &c. 

(  Nath'  Rice  Edw*  Moseley     ^     Esq"  Members 

The  Honoble<  Robert  Halton       Roger  Moore        >  of  His 

(  Mathew  Rowan     William   Forbes]  Majestys  Council 
Read  the  Petitions  following  for  Patents  Viz' 

William  Brice  100  Craven,  John  Carroway  175  D°,  Joseph  Anderson 
400  Edgecombe,  Francis  Brice  100  N.  Hanover,  Nicholas  Routledge 
400  Craven,  Samuel  Smith  250  D",  D°  D°  300  D",  David  Dunn  100 
Craven,  P^dmund  Cartledge  100  Bladen,  Rice  Price  200  Craven,  Samuel 
M°Cubbin  400  D",  David  Bales  300  Edgecombe,  John  Patterson  200  D°, 
Peter  Cleft  320  N.  Hanover,  Jos.  John  Alston  150  Edgecombe,  John 
Powell  400  Craven.     Granted. 

Read  the  following  Petitions  for  Warrants  Viz' 

Nicholas  Purefoy  200  Craven,  Roger  Moore  Esq'  400  N.  Hanover, 
Francis  Dawson  250  Craven,  John  Ross  350  Edgecombe,  William 
Daniel  200  Chowan,  Joseph  Bryan  200  Bladen,  Hugh  Larninore  400  D°, 
William  Rutledge  400  N.  Hanover,  Joseph  Bryan  200  Craven    Granted 

At  a  Council  held  at  Newbern  19'"  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov'  &c 

{Nathaniel  Rice         Roger  Moore      "|    Esq"  Members 
Edward  Moseley     Mathew  Rowan  V  of  His 

Robert  Halton         William  Forbes)  Majestys  Council 
Read  the  following  Petitions  for  Warrants  Viz' 

David  Smith  200  Bladen,  Joseph  Anderson  580  Edgecombe,  Isabella 
Phillips  400  Craven,  John  Carruthers  100  D°,  Robert  Calahone  400 
Bladen,  W^illiam  Shergold  150  Pasquotank,  Charles  Taylor  Sen'  100  D°. 
Granted. 


768  COLONIAL  RECORDS. 


Read  tlie  following  Petitions  for  Patents  Viz' 

Jos:  Culepepper  300  Edgecombe,  Thomas  Lee  170  Tyrrel,  David 
Henry  300  N.  Hanover,  Joseph  Lane  400  Edgecombe,  Jacob  Wells  300 
N.  Hanover,  John  Fonville  206  Craven,  David  Dunn  50  D°,  Thomas 
Rawlins  100  Craven,  Jerem"  Vail  400  N.  Hanover,  Benj*  Kimboll  200 
Edgecombe,  John  Stancland  150  Craven,  Samuel  Smith  100  Craven, 
William  Bentley  200  Edgecombe,  Joseph  Lane  200  D",  Samuel  Peacock 
500  C'raven,  Thomas  Vince  200  Edgecombe,  Samuel  Smith  200  Craven, 
William  Jones  350  Edgecombe,  Benjamin  Tliompson  600  D°,  Joseph 
Kimboll  500  D".     Granted 

Read  the  Petition  of  Samuel  Saban  Plummer  against  Samuel  Wil- 
liams Obtaining  a  Grant  for  Land  in  Pasquotank  and  Rejected 

Read  the  following  Petitions  for  Warrants  Viz' 

Robert  Parks  400  Bladeu,  D°  D°  300  Craven,  James  Monk  640  N. 
Hanover,  Mary  Porter  640  D",  Charles  Monk  640  D°.     Granted 

At  a  Council  held  20'"  April  1745 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov"'  &c 

{Nathaniel  Rice     Edward  Moseley  "j       Esq"  Members 
Robert  Halton      Roger  Moore         V  of  His 

Mathew  Rowan    William  Forbes    j     Majestys  Council 

Read  the  following  Petitions  for  Patents,  Viz' 

John  Deberry  200  No  Hampton,  John  Hilliard  200  Craven,  Paul 
Pendar  75  Bertie,  William  Mayner  400  Onslow,  Benjamin  Fuzzell  320 
N°  Hampton,  Joseph  Anderson  580  Edgecombe,  Regden  Smith  200 
Craven,  Lemuel  Linnier  350  Edgecombe,  Anne  Marshall  300  N°  Hamp- 
ton, John  Pope  300  Edgecombe,  Joel  Barker  300  Edgecombe,  John  Dew 
200  Bertie,  Joseph  Howell  300  Edgecombe     Granted 

Read  the  following  Petitions  for  Warrants  Viz' 

John  Bryan  640  Craven,  Alexander  M°Culloh  300  N.  Hanover,  John 
Rice  100  Craven.     Granted 

Read  the  Memorial  of  Nathaniel  Rice  Esq''  Secretary  of  this  Prov- 
ince in  the  following  Words  Viz' 

To  His  Excellency  the  Governour  in  Conncil  Sheweth 

That  there  are  great  Quantitys  of  Land  for  which  your  Excellency 
hath  granted  Warrants  that  have  been  Executed  and  Returned  into  the 
Secretarys  Office  most  of  them  many  years  since  which  Land  Remains 
yet  unpatented  to  the  great  Loss  of  the  Revenue.  And  more  over  that 
great  Numbers  of  such  Persons  as  have  applyed  and  obtained  Grants  for 
the  Land  admeasiu-ed  and  laid  out  to  them  by  virtue  of  your  Excel- 
lency's Warrants,  do  nevertheless  to  evade  or  Postpone  the  fees  and  Quit 


COLONIAL  RECORDS.  769 


Rents,  Negleot  to  take  out  Patents  in  Pursuance  of  such  Grants.  The 
Memorialist  therefore  humbly  suhmitts  it  to  your  Excelleney  and  His 
Majestys  Honoralile  Council  whether  some  effectual  Order  should  not  be 
taken  herein  for  obliging;  all  Persons  holding  I^ands  as  aforesaid  to  Com- 
ply with  His  Majesty's  Instructions  in  that  behalf. 

And  the  Secretary  fuither  shewing  that  great  Numbers  of  the  War- 
rants taken  out  have  never  been  Returned  nor  even  Surveys  made  in 
consequence  of  them 

The  Same  was  taken  into  Consideration  and  The  Honorable  the 
Council  came  to  the  following  Resolutions.  Nem.  Con.  That  Patents  be 
made  out  and  issued  by  the  Secretary  on  all  such  Returns  or  Surveys  of 
Land  Returned  by  the  Surveyor  General  into  the  Secretary's  Office  for 
which  Warrantees  have  neglected  to  take  out  Patents  as  aforesaid,  And 
to  Prevent  the  Detriment  accruing  to  the  Crown  from  such  delays  for 
the  future,  all  returns  hereafter  to  be  made  in  consequence  of  Warrants 
for  Land  where  the  Parties  shall  neglect  to  apply  for  Patents  thereupon 
shall  be  Patented,  and  issued  as  of  Course ;  and  in  the  same  manner  as 
if  tiiey  had  been  granted  on  Petition  * 

That  Persons  entering  on  the  Kings  Lands  under  the  Umbrage  of  a 
Warrant,  but  neglecting  to  put  the  same  into  the  hands  of  the  Surveyor 
General  to  be  Executed  should  be  Prosecuted  by  the  Attorney  General 
and  the  said  I^ands  deemed  Vacant 

That  Persons  having  applyed  and  obtained  Grants,  but  neglected  to 
take  out  their  Patents  may  be  distrained  on  for  His  Majesty's  Rents  and 
the  Fees  due  on  such  Patents 

Whereupon  the  Secretary  was  ordered  to  issue  a  Proclamation  Pur- 
porting as  follows  Viz' 

That  Persons  entering  on  the  Kings  Land  tho  they  have  Warrants 
but  neglect  to  liave  them  executed  in  due  Time  will  be  Prosecuted  by 
the  Attorney  General,  and  such  Lands  Granted  to  others  to  Vacant 
Land,  And  that  all  Persons  whose  Warrants  are  Returned  by  the  Sur- 
veyor General  but  neglect  to  Petition  for  Gi'ants  will  nevertheless  have 
Patents  made  out  for  them  agreeable  to  such  Returns,  and  be  distrained 
on  for  the  Kings  Rents  from  the  Date  of  such  Patents,  and  for  the  Offi- 
cers fees  therein  accruing.  And  that  such  as  have  applyed  and  Obtained 
Grants  but  neglect  or  refuse  to  take  out  their  Patents  will  be  Proceded 
against  in  like  manner  for  the  Rents  and  Fees. 

Mr.  Secretary  Rice  Informing  this  Board  that  since  the  Purchase 
made  by  the  Crown  of  this  Province  from  the  late  Lords  Proprietors, 
The  Grants  issuing  from  his  Office  in  Consequence  of  Warrants  for  all 

Vol.  4—97 


770 


COLONIAL  RECORDS. 


Lands  now  taken  up  by  His  Majesty's  Tenants  differing  not  only  in  the 
Form  and  length  bnt  also  from  the  great  Exactness  he  is  obliged  to  use 
in  his  Office  in  Recording  other  Requisites  to  compleat  the  same,  And 
that  as  the  fee  allowed  to  the  Secretary  (under  the  appointment  of  the 
Late  Lords  Proprietors  on  each  Patent  under  the  Grand  Deed  which  was 
very  Short  and  often  not  Recorded  was  Nine  Shillings  and  two  pence. 

Therefore  Prays  this  Board  to  ascertain  the  same  as  they  shall  think 
fit. 

Ordered  that  the  Secretary  demand,  take  and  Receive  to  himself  as  a 
fee  on  every  Grant  or  Patent  Granted  or  to  be  Granted  hereafter  issu- 
ing out  of  the  Secretary's  Office  for  six  hundred  and  forty  Acres  of 
Land  or  under  the  Sum  of  Five  Pounds  of  the  present  Currency  or  the 
value  thereof  in  Proclamation  Money. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  28.] 


LEGISLATIVE  JOURNALS. 


North  Carolina— -ss. 

At  a  General  Assembly  Begun  and  Held  at  New  Bern  the  fifteenth 
day  of  November  in  the  Eighteenth  year  of  the  Reign  of  Our  Sovereign 
Lord  George  the  second  by  the  Grace  of  God  of  Great  Britain  France 
&  Ireland  King  and  so  forth  and  in  the  year  of  our  Lord  one  thousand 
seven  Hundred  &  foi'ty  four  &  from  thence  continued  by  several  proro- 
gations to  the  second  day  of  April  in  the  said  Eighteenth  Year  of  the 
reign  of  our  said  Sovereign  Lord  George  the  Second  over  England  and 
so  forth  and  in  the  year  of  our  Ijord  One  Thousand  Seven  Hundred  & 
forty  five  at  New  Bern  And  then  further  prorogued  to  the  Eighth  day 
of  April  afores''  at  New  Bern  aforesaid  Being  the  second  Sessions  of  this 
present  Assembly. 

MEMBERS    PRESENT. 

Mr.  Speaker  Mr.  M'Scarbrough 

Mr.  Benj"  Peyton  Mr.  John  Starkey 

Mr.  Geo  Moore  Mr.  Michael  Coutauch 

Mr.  Henry  White  Mr.  Thos  Lovick 

Mr.  William  Brin  Mr.  Jos  Clark 

Mr.  W"  Burgess  Mr.  Samuel  Sinclair 

Mr.  W"  Kennedy  Mr.  Sam'  Spruill 

Mr.  John  Hodgeson  Mr.  Tho'  Barker 

Mr.  Griffith  Jones  Mr.  W"  Williams 
Mr.  John  Barrow 


Mr.  Jno  Swann 
Mr.  Arthur  Mabson 
Mr.  Jos.  John  Alston 
Mr.  James  Castellaw 
Mr.  Rich''  Nixon 
Mr.  Stevens  Lee 
Mr.  Ediu*  Smithwick 
Mr.  John  Dawson 
Mr.  W"  Farri?; 


COLONIAL  RECOEDS.  771 


Mr.  Jolin  Campbell  one  of  the  Members  for  Chowan  County  ami  Mr. 
William  Shergookl  and  Mr.  Thomas  Lowther  Mr.  William  Leary  three 
of"  the  Members  for  Currituck  county  Mr.  Benjamin  Hill  one  of  the 
Members  for  Bertie  County  took  the  Oaths  appointed  by  Law  for  their 
Qualification  subscribed  the  test  and  took  their  seats  in  the  House  accord- 
ingly. 

Mr.  Thomas  Barker  and  John  Swann  waited  on  his  Excellency  the 
Gov-ernor  and  acquainted  him  this  House  was  met. 

His  Excellency  was  pleased  to  direct  the  above  Gentlemen  to  acquaint 
tliis  House  that  he  would  send  for  them  before  noon. 

Read  the  Petition  of  William  Simpson  of  Craven  County  praying  to 
l)e  exempt  from  publick  taxes  working  on  the  roads  &  Musters  The 
same  Granted. 

Read  the  certificate  of  John  Blount  of  Tyrell  County  certifying  his 
age  &  inability  of  working  on  the  Publick  roads  &  praying  he  be  there- 
fr(jm  Exempt.     The  same  Granted 

His  Excellency  the  Governor  sent  a  Messenger  to  this  House  thereby 
commanding  their  Imediate  Attendance. 

The  House  in  a  full  body  waited  on  his  Excellency  tiie  Governor  in 
the  Council  Chamber  when  his  Excellency  was  pleased  to  Deliver  the 
following  speech  (to  wit) 

Gentlemen  of  His  Majesties  Council  Mr  Speaker  and  Gen- 
tlemen OF  THE  House  of  Representatives. 
When  you  consider  your  own  Behaviour  during  last  Sessions  and 
reflect  how  inconsistant  it  was  with  the  Promises  you  made  in  your  Ad- 
dress to  me  you  will  not  Expect  that  I  should  say  much  to  you  at  present. 
A  fairer  State  of  your  Publick  Affairs  could  not  have  been  Laid  before 
you,  and  no  body  of  men  could  enter  into  more  just  Honest  &  seasona- 
ble resolutions  then  you  then  did  but  how  you  executed  these  resolu- 
tions How  you  performed  the  engagements  is  what  the  Lovers  of  Anarchy 
such  as  Delight  in  Confusion  &  find  their  Account  in  Embroiling  Pub- 
lick business  will  tell  with  pleasure  but  all  good  men  &  Lovers  of  their 
Country  will  always  remember  with  great  grief  mixed  with  some  Indig- 
nation. 

For  my  own  part  Gentlemen  I  am  quite  wearied  out  with  attending 
so  tedious  a  while  before  you  make  a  House  and  then  after  waiting 
several  weeks  to  be  obliged  to  part  without  doing  any  one  thing  for  the 
service  of  the  Country. 

It  is  an  amazing  thing  that  when  it  is  universally  allowed  that  no 
Province  in  his  Majesties  Dominions  stands  more  in  need  of  good  Laws 
and  proper  regulations  than  this,  and  at  the  same  time  you  yourselves 


772  COLONIAL  RECORDS. 


must  confess  that  no  Country  had  ever  a  finer  opportunity  than  you  have 
had  these  two  years  pass'd  that  you  have  hitherto  neglected  so  favourable 
an  opportunity  to  secure  the  Lives  &  Libertys  of  the  people  whose  repre- 
sentatives &  Attorneys  you  are. 

It  is  not  surprizing  Gentlemen  that  after  engageing  to  do  so  many 
Laudable  services  for  the  Publiek  last  meeting  you  should  part  without 
passing  any  one  Law 

If  you  Scrupled  to  come  iuto  measures  that  were  somewhat  expensive 
or  which  Required  large  Taxes  you  might  surely  have  passed  the  Militia 
Law  so  necessary  in  time  of  Warr  you  might  have  ordered  your  laws  to 
be  revised  &  printed  the  neglect  of  which  is  so  generally  Complained  of, 
and  such  a  reproach  to  the  Province  or  you  might  at  least  have  fixed  the 
seat  of. Government  the  want  of  which  is  such  an  Impediment  in  pub- 
lick  business  but  to  coufine  all  your  cares  &  endeavors  to  get  the  money 
which  was  appropriated  to  sink  the  Publiek  Bills  and  preserving  the 
publiek  faith  into  your  own  pocketts  to  be  so  Wretchedly  anxious  and 
Exact  in  this  affair  as  to  write  down  your  own  names  with  the  particular 
sums  affixed  to  them  and  Insert  them  in  the  Bill  at  the  third  reading  I 
say  Gentlemen  this  is  such  a  Conduct  such  an  attempt  as  I  am  not  suf- 
ficient master  of  words  to  bestow  the  proper  Epithets  upon  it. 

My  design  Gentlemen  in  Laying  before  you  your  past  management  in 
so  true  and  plain  a  Ligiit  is  to  warn  you  against  such  Gross  Practices 
(which  really  shock  common  Decency)  for  the  future  &  to  persuade  you 
at  last  seriously  to  consider  tlie  Deplorable  State  of  your  Country  which 
is  rather  worse  than  it  was  last  Winter. 

This  is  all  I  want  of  you  if  you  do  well  for  your  "selves  &  the  peojile 
you  represent  you  can't  do  amiss  by  me 

I  shall  conclude  by  informing  you  that  I  have  orders  from  his  Majes- 
tic and  Lord  Carteret  to  insist  on  your  passing  a  Quit  rent  Law  which 
it  is  Certainly  your  Duty  to  do  without  Loss  of  time  in  Justice  to  the 
King  and  his  Lordship  &  in  Compassion  to  their  tenants  whose  arrears 
of  rents  must  soon  amount  to  so  large  a  sume  as  will  bring  Inevitable 
ruin  on  them  and  their  Familys. 

You  may  now  see  plainly  how  much  the  people  may  Depend  on  the 
integrity  and  friends  of  these  Gentlemen  who  diswaded  them  from  pay- 
ing last  Years  when  their  Arrears  were  less  in  Quantity  and  they  were 
Indulged  to  pay  in  Specie  of  Lower  Value  than  ever  they  will  be  again. 

GAB  JOHNSTON. 

Mr.  John  Campbell  moved  that  a  commitee  be  appointed  to  prepare 
an  address  to  his  Excellency  the  Governor  in  Answer  to  his  Excellency's 
sjieech  this  sessions  and  report  the  same  to  this  House. 


COLONIAL  RECORDS.  773 


Ordered.  That  Mr.  James  Castelaw,  Mr.  Thomas  Barker,  Mr.  John 
Hodgson,  Mr.  John  Campbell  do  prepare  and  bring  in  the  same  for 
approbation. 

Mr.  John  Starkey  moved  that  the  following  persons  be  appointed  to 
])repare  and  bring  in  a  bill  for  Laying  a  Tax  for  sinking  the  present  cur- 
rency of  this  Province  and  so  forth  (To  wit)  Mr.  John  Hodgson,  Mr. 
W"  Farris,  Mr.  John  Swann,  Mr.  John  Starkey,  Mr.  Thomas  Barker 
and  they  were  accordingly  appointed. 

The  House  adjourned  till  3  "clock. 

P.  M.     The  House  met  according  to  adjournment 
The  House  adjourned  till  9  "clock  to  morrow  morning 

Tuesday  the  9*  of  April  1 745.  The  House  met  according  to  adjourn- 
ment 

Mr.  John  Hodgson  reported  from  the  Committee  Appointed  to  pre- 
pare a  Bill  for  an  Act  for  laying  a  Tax  for  sinking  the  now  Currant  Bills 
of  Credit  Which  he  read  in  his  place.  Ordered  the  same  to  be  sent  to 
the  Council  Sent  the  above  bill  to  the  Council  by  Mr.  John  Campbell 
and  Mr.  John  Starkey. 

Mr.  John  Swann  moved  that  a  Committee  be  appointed  to  Examine 
State  and  Settle  the  publick  Accounts  of  this  Province,  and  the  follow- 
ing persons  were  accordingly  appointed  (To  wit)  Mr.  John  Starkey,  Mr. 
Thomas  Barker,  Mr.  Benj"  Stile,  Mr.  .John  Swann,  Mr.  William  Farris, 
Mr.  John  Campbell 

iSIr.  John  Starkey  moved  that  a  Committee  be  appointed  to  Settle  & 
Allow  publick  claims  of  this  Province,  And  the  following  persons  were 
accordingly  appointed  Mr.  Thomas  Lovick,  Mr.  Samuel  Sinclare,  Mr. 
Edm''  Smithwick,  Mr.  George  Moore,  Mr.  James  Castellaw,  Mr.  John 
Dawson  and  Mr.  Benj"  Payton 

Mr.  James  Castellaw  moved  that  a  Committee  be  appointed  to  receive 
propositions  &  Grievances  and  the  following  persons  were  accordingly 
appointed  (to  wit) 

Mr.  Benj°  Hill  Mr.  W"  Shergoold  Mr.  John  Starkey 

Mr.  John  Campbell  Mr.  M"Scarbrougli  Mr.  John  Swann 

Mr.  Griffith  Jones  Mr.  Jos  Jno  Alston  Mr.  W""  Kennedy 

Mr.  Jno  Dawson  Mr.  Sam'  Sinclare  Mr.  Art  Mabson 

Mr.  Benj"  Payton  Mr.  William  Brice  Mr.  Joseph  Clark. 

The  House  adjourned  till  3  "Clock. 

P.  M.  The  House  met  according  to  adjournment 

Received  from  the  Council  the  bill  for  sinking  the  ])resent  Bills  of 
C'urrancv 


774  COLONIAL  RECORDS. 


Endorsed  read  in  the  upper  House  the  first  time  and  passed.  April 
9'"  1745. 

Mr.  WilHani  Brice  Acquainted  this  House  that  Mr.  William  Wilson 
Member  I'or  New  Bern  Town  is  Dead  Therefore  moved  that  liis  Excel- 
lency be  addressed  to  Direct  the  Seci'etary  of  this  province  to  Issue  a 
writt  for  Electing  a  member  for  New  Bern  Town  to  serve  in  this  present 
Assembly  in  the  room  of  said  W"  Wilson  Deceased 

Mr.  M°Rora  Scarbrough  Acquainted  this  House  that  Mr.  Tnlly  Wil- 
liams one  of  the  Members  for  Pequimons  County  is  dead.  Therefore 
moved  that  his  Excellency  be  Addressed  to  direct  tlie  Secretary  of  this 
Province  to  issue  a  writt  for  Electing  a  member  in  the  room  of  tiie  said 
deceased. 

Mr.  James  Castellaw  acquainted  this  House  that  Mr.  John  Pope  one 
of  the  members  for  Edgecomb  County  is  dead  Therefore  moved  that 
his  Excellency  be  addressed  to  Direct  the  secretary  of  this  Province  to 
Issue  a  writt  for  Electing  a  member  to  serve  in  the  room  of  the  said  De- 
ceased 

Sent  the  follow-ing  message  to  his  Excellency  the  Governor. 

May  it  please  your  Excellency 

Mr.  Will"  Wilson  member  of  this  House  for  New  Bern  Town,  Mr. 
Tully  William  one  of  the  Members  for  Pequimons  County  and  Mr.  John 
Pope  one  of  the  Members  for  Edgcomb  County  are  dead.  We  therefore 
Humbly  Address  your  Excellency  to  Direct  the  Secretary  of  this  Prov- 
ince to  Issue  writts  for  Electing  Members  to  serve  in  this  present  Gen- 
eral Assembly  in  the  room  of  the  above  Gentlemen  who  are  dece" 
By  Order 

9*  April  1745.  "  SAM'  SWANN  Speaker 

The  House  Adjourned  till  tomorrow  8  "Clock. 

Wednesday  the  10""  April  1745.  The  House  met  acccording  to  ad- 
journment 

Mr.  Hodgson  reported  from  the  Committee  appointed  to  prepare  an 
Address  to  his  Excellency  the  Governor  in  Answer  to  his  Excellency's 
Speech  to  this  House  that  they  had  prepared  said  address.  Which  he  read 
in  his  Place 

Ordered  the  same  be  Engrossed. 

Read  the  bill  for  sinking  the  present  currency 

Mr.  Starkey  moved  the  House  resolve  into  a  Committee  of  tJie  whole 
House  to  debate  the  subject  matter  in  the  said  Bill  contained 

The  House  resolved  into  a  Committee  of  the  whole  House  accordingly 
And  unanimously  chose  Mr.  John  Starkey  chairman. 


COLONIAL  REC^ORDS. 


Tlio  conimittee  proceeded  to  debate  tlie  several  Matternoii  the  said  Bill 
contained,  and  made  several  amendments  therein 

Mr.  Speaker  resumed  the  chair. 

Mr.  Chairman  reported  that  the  Committee  had  considered  and  del)ated 
the  Several  clauses  in  the  said  Bill  and  had  made  Several  Amendments 
therein  which  he  reported  to  the  House  To  which  the  House  concurred 
and  Ordered  the  same  Bill  pass  with  the  said  Amendments  &  be  sent  to 
the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Sindare  &  Mr.  Scarbrf)iigli 

Mr.  Hodgson  Treasurer  of  Chowan  County  Acquainted  this  House 
that  he  as  Treasurer  of  the  County  Aforesaid  had  Seized  Several  Tracts 
of  Land  in  said  County  as  the  I^aw  directs  which  was  Mortgaged  to  the 
County  and  had  OflFered  them  for  Sale  at  Vendue  but  no  person  would 
bid  for  said  Land  or  any  of  them  near  the  sume  they  were  respectively 
Mortgaged  for  therefore  desires  the  Directions  of  this  House  in  relation 
thereto. 

Resolved  The  said  John  Hodgson  do  Expose  the  said  Lands  to  Sale 
to  .the  best  bidder  at  the  General  Court  or  County  Court  where  such 
Lands  lye  &  report  the  same  to  the  General  Assembly 

The  House  adjourned  till  2  "Clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Lowther  Moved  that  two  Members  be  appointed  to  waite  on  his 
Excellency  the  Governor  and  Acquaint  him  this  House  was  ready  to 
waite  on  him  with  their  Address. 

And  Mr.  John  Swann  &  Mr.  Tho'  Barker  were  accordingly  Appointed. 

Mr.  John  Swann  &  Mr.  Tho"  Barker  waited  on  his  Excellency  the 
Governor  &  acquainted  him  this  House  was  ready  to  wait  on  him  with 
their  Address. 

His  Excellency  the  Governor  was  pleased  to  answer  he  would  Receive 
it  tomorrovy  at  10  o'clock. 

The  House  adjourned  till  tomorrow  8  "Clock 

Thursday  the  ll""  of  Aj)ril  1745  The  House  met  according  to  Ad- 
journment 

Mr.  William  Farris  brought  in  a  bill  for  an  Act  for  making,  mend- 
ing, and  rej)airing  roads  Bridges  and  so  forth  &  appointing  Commission- 
ers and  so  forth  which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  council  by  Mr  Farris  &  Mr.  Moore 

Received  from  the  Council  the  Bill  for  sinking  the  present  Currencv 
Endorsed  in  the  Upper  House  read  the  Second  Time  <t  passed  with 
amendments.     April  ll*  1745 


776  COLONIAL  RECORDS. 


Received  from  the  Count-il  the  road  Bill  Endorsed  April  11*  1745 
In  the  Upper  house  read  the  first  time  &  passed 

Received  from  his  Excellency  the  Governor  the  follovving  message 

Council  Chamber  April  ll*  1745. 
Mr.  Speaker 

Being  detained  by  an  unexpected  accident  in  which  the  puhlick  is  very 
much  concerned  from  receiving  the  Address  of  your  House,  I  desire  you 
may  proceed  in  the  business  of  the  Province  this  day  &  to  Morrow 
Morning  I  shall  send  vou  a  Message 

GAB  JOHNSTON. 

The  House  adjourned  till  3  "Clock. 

P  M     The  House  met  according  to  adjournment 

Mr.  James  Craven  &  Mr.  Joseph  Anderson  appeared. 

Mr.  Thomas  Barker  moved  for  Ijeave  to  bring  in  a  Bill  for  an  Adi- 
tional  act  to  an  Act  entituled  an  Act  for  Appointing  Sherrifts  in  the 
room  of  Marshalls  of  this  Province  for  prescribing  the  Method  of  Ap- 
pointing them  &  Limiting  their  time  of  Continuance  in  Office  &  Direct- 
ing their  Duty  therein  &  for  abolishing  the  Office  of  provost  Marshall 
of  this  province  &  for  altering  the  names  of  the  precincts  into  Countys 

Ordered  he  have  Leave  &  that  he  prepare  &  bring  in  the  same  Pur- 
suant to  which  Motion  and  Order  Mr.  Barker  brought  in  the  said  Bill 
Which  he  read  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Sinclare  &  Mr.  Farris 

Mr.  Barker  moved  that  a  Committee  be  appointed  to  prepare  &  bring 
a  Bill  for  an  Act  for  Laying  a  Tax  for  paying  of  the  publick  Debts  of 
this  province.  And  the  following  persons  were  accordingly  appointed 
(To  wit) 

Mr.  Thomas  Barker  Mr.  John  Hodgson  Mr.  James  Craven  Mr.  John 
Campbell  Mr.  Joseph  Anderson. 

Received  from  the  Council  the  Bill  for  an  Additional  Act  to  the 
Sheriffs  Act  Endorsed  11""  April  1745  In  the  upper  House  read  the 
first  time  &  passed 

Read  the  Road  Bill  the  second  time  &  passed  with  Amendments 

Ordered  tlie  same  to  be  sent  to  the  Council 

Sent  the  Above  Bill  to  the  Council  by  Mr.  Starkey  &  Mr.  Payton 

The  House  adjourned  till  tomorrow  8  "dock 

Friday  the  12"'  April  1745  The  House  met  according  to  Adjourn- 
ment 


COLONIAL  RECORDS. 


Mr.  Benj"  Hill  brought  in  a  Bill  for  repealing  the  Port  Law  which  he 
read  in  his  place 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  George  Moore  &  Mr.  John 
Swann 

Received  the  following  Message  from  the  Council  (To  wit) 

Mr.  Speaker  &  Gentlemen 

On  reading  your  Message  regarding  the  Appointment  of  the  Commit- 
tee upon  the  publick  Accounts  and  claims  This  House  have  thought  fit 
to  Nominate  the  Honorable  Mathew  Rowan  &  Roger  Moore  Esq"  to 
Joyn  those  of  yours  on  the  Committee  of  Claims  and  the  Honble  Ed- 
ward Moseley  and  William  Forbes  to  Joyn  those  of  your  House  on  the 
publick  Accounts 

Dated  11'"  April  1745 

Received  from  the  Council  the  Bill  for  an  Act  for  repealing  the  Port 
Law  Endorsed  April  12'"  1745  In  the  upper  House  read  the  first  time 
and  passed. 

Read  the  Bill  to  repeal  the  Port  Law  the  second  time  &  passed 
Ordered  the  same  be  sent  to  the  Council 
Sent  the  above  Bill  by  Mr.  Starkey  and  Mr.  Scarbrough 
His  Excellency  sent  a  message  to  this  House  Commanding  their  Im- 
mediate Attendance  in  the  Council  Chamber 

The  House  in  a  full  body  waited  on  His  Excellency  in  the  Council 
Chamber.  When  Mr.  Speaker  presented  to  his  Excellency  the  following 
Address  (to  wit) 

The  Humble  Address  of  the  General  Assembly  of  said  Province 
May  it  please  Your  Excellency 

When  we  reflect  on  our  Conduct  not  only  during  the  last  but  former 
Sessions  we  cant  think  we  have  Acted  inconsistently  Unless  to  Act  freely 
and  as  becomes  the  representatives  of  a  free  people  be  inconsistent  our 
Constant  Endeavours  have  tended  to  promote  the  publick  good  and 
make  your  Excellency's  Administration  easy  and  if  by  differing  in  sen- 
timents with  his  Majesties  Council  we  have  Miscarried  in  that  Laudable 
design  &  our  good  intentions  frustrated  why  should  we  be  reproached 
witli  neglect  of  the  Service  of  our  Country  Nor  can  our  Actions  or 
Behaviour  Afford  matter  of  pleasure  to  Lovers  of  Anarchy  and  Confu- 
sion or  be  related  by  any  person  to  our  disadvantage,  Unless  miscou- 
strued  or  Misrepresented 

Vol.  4—98 


778  COLONIAL  RECORDS. 


As  to  the  conduct  of  this  House  last  Sessions  in  particular  we  must 
beg  Leave  in  Vindication  of  our  Selves,  to  say  we  prepared  A  Bill  for 
Sinking  the  Currency  which  in  our  Opinion  was  fair  and  Equitable,  and 
could  not  have  thought  it  would  have  met  with  any  Obstacles  from  his 
Majesties  Council  who  with  this  House  had  Joyned  to  borrow  or  Apply 
money  out  of  A  particular  fund  to  pay  publick  Debts  formerly  due  and 
prevent  A  Publick  Tax  at  that  Juncture  was  not  the  money  thus  applyed 
as  so  much  borrowed  of  the  Publick  &  Consequently  a  Debt  and  is  not 
every  Just  Claim  on  the  publick  equally  A  Publick  debt,  and  if  a  sume 
was  to  be  raised  by  a  Tax  not  only  Sufficient  to  repay  that  sume  taken 
out  of  that  fund  but  also  to  sink  the  whole  Currency  why  should  not 
the  money  in  the  Several  County  Treasurers  hands  be  Applyed  to  pay- 
ment of  other  Debts  due  from  the  Country  where  then  can  be  the  incon- 
gruity to  incert  the  payment  of  such  publick  Debts  in  a  Bill  for  Sinking 
the  Currency  Unless  we  had  left  the  money  in  the  Treasurers  hands  un- 
appropriated many  are  the  persons  who  had  State  Demands  on  the  Pub- 
lick, and  who  were  not  members  of  this  House  and  as  we  were  not  only 
willing  to  sink  the  currency  but  pay  of  all  Just  Demands  on  the  Pub- 
lick where  was  the  Impropriety  in  A  Publick  Estimate  to  affix  every 
mans  Name  to  the  sume  the  Publick  owed  to  him 

We  have  frequently  in  former  Assemblys  had  under  our  Considera- 
tion Matters  of  Consequence  recommended  by  your  Excellency  but  have 
been  unhappily  prevented  from  doing  anything  tlierein  with  effect  by 
unexpected  Dissolutions  and  prorogations. 

So  many  expensive  and  unsnccessfull  Assemblies  might  have  weaned 
us  out,  but  the  great  desire  of  good  Laws  and  the  great  regard  we  have 
for  our  Countrys  Credit  &  wellfare  still  prompt  us  to  use  our  Utmost 
Efforts  for  its  Service  and  lay  Aside  every  Consideration  but  what  may 
tend  to  Accomplish  that  Valuable  end,  which  we  have  so  much  at  heart. 

We  dont  doubt  but  your  Excellency  will  Lay  before  this  House  the 
Order  you  mention  in  regard  to  his  Majestic  and  Lord  Carteretts  rents 
and  we  shall  endeavour  as  far  as  in  us  lyes  to  pass  a  Law  for  the  just  and 
honest  paym'  of  them  as  for  our  part  we  are  strangers  to  any  Gent  dis- 
suading the  people  from  paying  their  i-ents,  but  apprehend  your  Excel- 
lency has  been  misinformed  SAMUEL  SWANN  Speaker 

When  his  Excellency  was  pleased  to  Command  this  House  to  return 
&  proceed  to  business  Mr.  Speaker  and  the  rest  of  the  Membei's  re- 
turned. 

The  House  adjourned  till  2  "Clock 

P.  M.     The  House  met  accordirfg  to  Adjournment 


COLONIAL  RECORDS.  77!) 


Mr.  Fan-is  brought  in  A  Bill  to  prevent  killing  deer  at  iin.sea.sonable 
times  and  so  forth.  Which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  by  Mr.  Farris  &  Mr.  Payton 

Read  the  Bill  for  an  additional  Act  to  an  Act  for  Appointed  Sheriffs 
&'  the  second  time  and  Sent  it  to  the  council  by  Mr.  Alston  &  Mr. 
White. 

The  House  adjourned  till  8  "Clock. 

Saturday  the  IS""  April  1745  The  House  met  according  to  adjourn- 
ment. 

Mr.  Farris  moved  that  Mr.  Joseph  Andersou  be  added  to  the  Com- 
mittee of  Accounts 

Ordered  he  be  added  thereto 

Mr.  John  Swann  moved  for  Leave  to  bring  in  A  Bill  for  an  Act  to 
Erect  a  fartification  on  the  Lower  Part  of  Cape  Fear  &c 

Ordered  that  he  have  Leave  &  that  he  prepare  &  bring  in  the  same 

Mr.  John  Swann  brought  in  the  above  Bill  which  he  read  in  his 
place 

Ordered  the  same  pass  &  be  sent  to  the  Councill 

Sent  the  Above  Bill  to  the  Council  by  Mr.  Castellaw  &  Mr.  Starkey. 

Received  from  the  Council  the  road  Bill  Endorsed  In  the  Upper 
House  read  the  first  time  &  passed  with  amendments 

Read  the  third  time  the  Bill  for  sinking  the  currency  &  passed  with 
amendments 

Ordered  tlie  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  George  Moore  &  Mr.  John 
Swann 

Received  from  the  Council  A  Bill  for  an  Act  for  the  Encouragement 
of  Settlers  in  Brunswick 

Received  from  the  Council  the  Bill  to  prevent  the  Killing  Deer  at 
unseasonable  times  Endorsed  In  the  Upper  House  read  the  first  time 
&  passed  with  amendments 

Mr.  Barker  reported  from  the  Committee  Appointed  to  prepare  and 
bring  in  a  Bill  for  Laying  A  Tax  to  Discharge  the  publick  debts  that 
the  said  Committee  had  prepared  A  Bill  Accordingly  Which  he  read  in 
his  place 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  Above  Bill  to  the  Council  by  Mr.  George  Moore  &  Mr.  John 
Swann 

The  House  adjourned  till  3  "Clock 

P.  M.     The  House  met  according  to  Adjournment 


780  COLONIAL   RECORDS. 


Received  from  the  Council  the  Bill  to  repeal  the  Port  Law  En- 
dorsed 13""  of  April  1745  In  the  upper  House  read  the  Second  time 
&  passed 

Received  from  the  Council  the  Bill  for  an  Additional  Act  to  an  Act 
for  appointing  Sheriffs.  Endorsed  April  13""  1745.  In  the  upper 
House  read  the  second  time  and  passed  with  amendments. 

Received  from  the  Council  the  following  Message  (to  wit) 

M'  Speaker  and  Gentlemen. 

We  received  a  Bill  from  your  House  this  day  Intituled  an  Act  for 
Laying  a  Tax  to  discharge  the  Puhlick  Debts  which  Bill  has  referrence 
to  an  annexed  Schedule  but  no  such  Schedule  appearing  with  the  Bill  we 
cannot  pass  upon  the  Bill  uutill  such  Schedule  be  sent  unto  us. 

Dated  April  13'"  1745. 

Read  the  Bill  to  prevent  Killing  Deer  [at]  unseasonable  times  the 
second  time  and  amended  it.     Ordered  the  same  be  sent  to  the  Council 
The  House  adjourned  till  Monday  8  "clock 

Monday  the  15'"  April  1745.  The  House  met  according  to  adjourn- 
ment. 

Read  the  third  time  the  Bill  for  an  Act  to  Impower  the  Sevei-al  Com- 
missioners after  named  to  make  mend  &  repair  all  roads  Bridges  &c  and 
passed  with  amendments  Ordered  the  same  be  sent  to  the  Council. 
Sent  the  above  Bill  to  the  Council 

Received  the  following  Message  from  the  Council  (Viz') 

M'  Speaker  &  Gentlemen 

We  have  the  Bill  for  an  Act  for  Laying  a  Tax  for  sinking  the  now 
Current  Bill  of  Credit  before  us  Marked  with  a  third  reading  thereon  by 
your  House  to  which  Bill  we  conceive  there  are  two  Just  Exceptions  to 
be  made  the  first  is  the  Method  of  Paying  the  Tax  for  sinking  the  said 
Bills  the  Second  as  the  Method  of  applying  the  Surplus  of  the  said  tax 
if  any  Such  there  shall  be  As  to  the  first  we  are  of  opinion  that  the 
Method  of  paying  this  Tax  should  be  as  all  other  publick  Taxes  are  by 
Law  to  be  paid. 

As  to  the  Second  we  are  of  Opinion  that  the  General  Assembly  ought 
to  be  Joyned  with  the  Governor  &  Council  in  the  Application  of  the 
Surplus  if  any  &  not  that  the  same  should  be  left  to  be  Applyed  by  the 
General  Assembly  only 

If  your  House  shall  think  fit  to  Concurr  with  those  two  amendments 
we  shall  pass  the  same  and  send  it  to  your  House 

Dated  15'"  April  1745 


COLONIAL  RECORDS.  781 


Read  the  Bill  for  an  Act  to  repeal  the  Act  for  Establishing  Ports  of 
Delivery  in  this  province  the  tliird  time  &  passed  Ordered  the  same  1)8 
sent  to  tlic  Council     Sent  the  above  Bill  to  the  Council 

Read  the  third  time  the  Bill  for  An  Additional  Act  to  an  Act  for  Ap- 
pointing Sherriffs  and  passed.  Ordered  the  same  be  sent  to  the  Council 
Sent  the  above  Bill  to  the  Council 

Mr.  Samuel  Sinclair  brought  in  a  Bill  for  an  Act  to  Add  that  part  of 
the  Country  called  Marromosket  &  Lake  to  Hyde  County  Which  he 
read  in  his  place  Ordered  the  same  pass  &  be  sent  to  the  Council  Sent 
the  above  Bill  to  the  Council 

Tiie  House  adjourned  till  3  "Clock. 

P.  M.     The  House  met  according  to  Adjournment. 
Sent  the  following  Message  to  the  Council  by  Mr.  Hill  &  Mr.  Sin- 
clare  Viz* 

Gentlemen  of  His  Majesties  Honble  Council 

On  reading  your  Message  of  this  day  in  relation  to  the  Bill  for  Lay- 
ing a  Tax  for  Sinking  the  now  Curr'  Bills  of  Credit  we  find  the  Excep- 
tions you  take  to  that  Bill  are  first  the  Method  of  paying  the  tax  which 
you  are  of  Opinion  Ought  to  be  mentioned  to  be  paid  as  all  other  Taxes 
are  now  paid 

We  must  adhere  to  our  first  opinion  that  the  Tax  ought  to  be  paid  at 
the  rates  prescribed  in  the  Act  for  granting  an  aid  to  his  Majestie  &c  as 
they  are  therein  rated  nearest  their  true  Value,  for  was  Rice  which  is 
the  only  Commodity  rated  in  any  of  the  Subsequent  Laws  to  be  paid  at 
a  higher  rate  than  is  Mentioned  in  the  said  Act  for  granting  an  aid  to 
his  Majestie  &c  it  would  probably  occasion  a  Defficiency  in  the  fund  for 
sinking  the  said  Bills  &  the  intention  of  the  Bill  in  a  Manner  would  be 
thereby  defeated  Neither  can  it  be  a  Hardship  on  any  one  since  if  the 
Commodities  that  are  to  be  paid  in  will  sell  for  more  than  they  are  to  be 
received  at  for  the  said  tax  every  Body  hatii  the  Liberty  to  sell  the  same 
&  pay  in  Gold  Silver  or  Bills. 

As  to  the  Second  Amendment'  you  mention,  we  readily  agree  thereto 
&  on  your  giving  us  Notice  we  will  send  some  of  the  members  from 
this  House  to  see  the  same  made  Accordingly 

By  Order  SAMUEL  SWANN  Speaker 

15'"  April  1745. 

Read  the  fortification  Bill  the  Second  Time  &  passed 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Hill  &  Mr.  Sinclare 


782  COLONIAL  RECORDS. 


Received  from  the  Council  the  road  Bill  Endorsed  15*  April  1745 
In  tiie  upper  House  read  the  third  time  &  passed.  Ordered  the  same 
be  Engrossed 

Read  the  Bill  to  prevent  killing  deer  at  unseasonable  times  the  Second 
time  &  passed  with  Amendments 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council 

Received  from  the  Council  the  Bill  to  Add  that  part  of  the  Country 
called  Marromosket  &  Lake  to  Hyde  County  Endorsed  15*  April 
1745  In  the  upper  Assembly  read  tiie  second  time  and  passed  with 
amendments 

Mr.  Barker  brought  in  a  Bill  for  an  Act  for  preventing  delays  in  the 
Courts  of  Justice  for  Expediting  &  better  Setling  the  proceedings  in  the 
General  &  County  Courts  &  for  restoring  the  County  Courts  the  power 
of  Trying  personal  Actions  to  the  Value  of  Twenty  Six  pounds  thirteen 
Shillings  &  four  pence  proclamation  money  Which   he  read  in  his  place 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Mr  Starkey  moved  for  leave  to  bring  in  A  Bill  for  Regulating  tiie 
Several  Officers  Fees  within  this  province  &  to  Ascertain  the  Method  of 
paying  the  same  Which  he  read  in  his  place 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Received  from  the  Council  the  Message  sent  from  this  House  of  this 
day     Endorsed  in  the  upper  House  concurred  with 

Received  from  the  Council  the  Bill  for  an  Additional  Act  to  an  Act 
for  Appointing  Sheriffs  Endorsed  In  tlie  upper  House  read  the  third 
time  and  passed. 

Ordered  to  be  sent  down  to  be  Engrossed 

Received  from  the  Council  the  Bill  for  Sinking  the  New  Current  Bills 
of  Credit     Endorsed  In  the  upper  House  read  the  third  time  &  passed 

Ordered  to  be  Engrossed 

Received  from  the  Council  the  fortification  Bill  Endorsed  In  the 
up])er  House  read  the  second  time  and  passed  with  Amendments 

Mr.  Hodgson  brought  in  a  Bill  for  an  Act  to  Enable  &  Encourage  the 
])ersons  herein  after  mentioned  to  print  the  Laws  of  this  province  and 
to  provide  printed  Copys  of  the  said  Laws  for  the  several  and  respective 
Courts  of  Judicature  &  Officers  within  this  province  Which  he  read  in 
his  place 

Ordered  the  same  be  sent  to  the  Council 

Read  the  first  time  the  Bill  for  an  Act  for  the  Encouragement  of  Set- 
tlers in  Brunswick  &  passed 

Ordered  the  same  be  sent  to  tiie  Council 


COLONIAL  RECORDS.  783 


Mr.  Craven  brought  in  A  Bill  for  an  Act  to  Impower  the  Conimis- 
siouers  for  the  Town  of  Edenton  to  keep  in  repair  the  Town  fences  & 
to  Erect  and  build  a  Pound  Bridges  Publick  wherf  &  Market  House  as 
also  to  Erect  &  build  a  school  House  in  the  said  Town  &  other  pui-poses 
therein  mentioned  Which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Mr.  Brice  brought  in  A  Bill  for  an  Act  for  Erecting  the  Upper  part 
of  Craven  County  into  a  County  by  the  name  of  Which  he 

read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Mr.  Payton  brought  in  a  Bill  for  an  Act  for  fenceing  the  Town  of 
Bath  &  resur\'eying  the  Commons  belonging  to  the  said  Town  &  Exempt- 
ing the  Inhabitants  from  working  on  the  main  roads  &  to  give  Liberty 
to  the  Inhabitants  to  build  &  Improve  the  front  or  Water  Lots  which 
by  a  former  act  they  were  prevented  from  doing  &  to  Appoint  Commis- 
sioners for  the  purposes  aforesaid  Which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 

The  House  Adjourned  till  tomorrow  8  "clock 

Tuesday  the  16*  of  April  1745  The  House  met  according  to  adjourn- 
ment. 

Read  the  Petition  of  Michael  Higgins  Praying  the  Bill  may  lie  brought 
into  this  House  for  au  Act  to  Encourage  the  Petitioners  to  build  a  Bridge 
over  Trent  river  near  Whittliffs  ferry  &c 

Ordered  a  Bill  be  brought  in   pursuant  to  the  prayer  of  said  Petition 

Sent  to  the  Council  the  following  Bills  (to  wit)  The  Bill  to  Enable  & 
Encourage  the  pei'sons  therein  mentioned  to  print  the  Laws  &e  And  the 
Bill  for  Erecting  the  Upper  part  of  Craven  County  into  a  County  And 
the  Bill  to  Impower  the  Comm"  for  the  Town  of  Edenton  to  keep  in 
repair  the  Town  fences  &c  And  the  Bill  for  fencing  the  Town  of  Bath 
&c  And  the  Bill  for  Encourageing  of  Settlers  in  Brunswick  And  the 
Bill  to  prevent  Delays  in  the  Courts  of  Justice  &c  and  the  fee  Bill  bv 
Mr.  Tho'  Lowther  &  Mr.  Scarbrough 

Mr.  Farris  brought  in  A  Bill  for  an  Act  for  tlie  better  regulateing  the 
Town  of  Wilmington  and  for  confirming  and  Establishing  the  late  Sur- 
vey of  the  same  with  the  plan  annexed  Which  he  read  in  his  place 

Ordered  the  same  pass  and  be  sent  to  the  C'ouncil 

Sent  tiie  above  bill  to  the  Council  by  Mi:  Lowther  &  Mr.  Scarbrough 

Mr.  Barker  brought  in  a  Bill  for  an  Act  for  appointing  the  place  where 
the  Publick  Offices  in  this  province  shall  hereatler  be  kept  Which  he  read 
in  his  place. 


784  COLONIAL  RECORDS. 


Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  above  Bill  by  Mr.  Lowtiier  &  Mr.  Scarbrough 

Read  the  second  time  the  Bill  for  an  Act  to  add  that  part  of  the  conn- 
try  called  Marramusket  and  passed 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  bill  to  the  Council  by  Mr.  Lowther  &  Mr.  Scarbrough 

Mr.  Barker  brought  in  a  Bill  for  an  Act  for  appointing  the  place  where 
the  Publick  Offices  in  this  province  shall  hereafter  be  kept  Which  he 
read  in  his  place. 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Councill  by  Mr.  Lowther  and  Mr.  Scar- 
brough 

Mr.  Campbell  brought  in  A  Bill  for  an  Act  to  Amend  an  Act  Inti- 
tuled an  Act  for  facilitating  the  Navigation  of  the  Several  Ports  of  this 
Province  and  for  Buoying  [and]  Beaconing  the  channels  Leading  from 
Ocacock  Inlett  to  Bath  Town  and  New  Bern  and  from  Topsail  Inlet  to 
Beaufort  Town  &  other  Ports  &  Inletts  within  said  Province  therein 
mentioned  &  for  provideing  sufficient  Pilots  for  the  safe  Conduct  of  Ves- 
sells  and  to  appoint  new  Commissioners  for  the  better  Encouragement  & 
regulateing  the  said  Pilots  as  by  that  Law  Intended  for  such  parts  as 
relates  to  the  Several  places  hereinafter  mentioned  Which  he  read  in  his 
place 

Ordered  the  same  pass  and  be  sent  to  tiie  Council 

Sent  the  above  Bill  to  the  C!ouncil  by  Mr.  Campbell  and  Mr.  John 
Swann 

Received  from  the  Council  the  Bill  to  prevent  Killing  Deer  at  unsea- 
sonable times.  Endorsed  April  16'"'  1745  In  the  Upper  House  read  the 
first  time  &  passed  with  Amendments. 

Received  from  the  Council  the  Bill  for  appointing  the  place  where  the 
publick  offices  in  this  Province  &<^  Endorsed  April  16""  1745  In  the 
Upper  House  read  the  first  time  and  passed  with  amendments 

Read  the  third  time  a  Bill  to  Erect  a  fortification  On  the  Lower  part 
of  Cape  Fear  river  &c  &  amendetl  it 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Farris  &  Mr.  Smithwick 

Read  the  petition  of  several  of  the  Inhabitants  of  Bladen  County 
complaining  that  Several  Inhabitants  of  said  County  Evade  paying 
Taxes  &c  praying  reliefe 

Ordered  the  said  Petition  lye  on  the  Table  for  Consideration. 

The  House  adjourned  till  3  "Clock. 


COLONIAL  RECORDS.  785 


P  M.  The  House  met  acc;ordii)g  to  adjournment 
Received  the  following  Bills  from  the  Council  (to  wit) 
The  Bill  for  regulating  the  Town  of  Willmington  &c  And  the  Bill 
to  Enable  &  Encourage  the  printing  the  Laws  of  this  province  En- 
dorsed le""  April  1745  In  the  upper  House  read  the  second  time  & 
passed  And  the  Bill  to  Erect  A  fortification  on  the  Lower  part  of  Cape 
Fear  River  &c  Endorsed  in  the  upj)er  House  read  the  third  time  and 
passed  with  amendments 

John  Fonveile  Appeared  at  the  Barr  of  this  House  and  acquainted 
this  House  that  Mr.  Arthur  Mabson  one  of  the  members  for  Carteret 
County  refused  to  pay  him  the  sume  of  Nine  pounds  as  Directed  by  this 
House  for  going  for  the  said  Mr.  Arthur  Mabson  from  Bath  Town  to 
the  said  Mabsons  House  Upon  which  the  Question  was  put  whether  the 
said  Mr.  Mabson  should  pay  the  said  Fonveile  the  said  sume  or  not. 
And  was  carried  in  the  Affirmative 

Ordered  the  said  Mr.  Mabson  pay  the  said  Fonveile  the  sume  of  Nine 
pounds. 

Mr.  William  Farris  brought  in  a  Bill  for  an  Act  to  Impower  Michael 
Higgins  to  Build  a  Bridge  over  Trent  River  near  Wickliffe  ferry  &c 
Which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 
Sent  the  above  Bill  to  the  Council  by  Mr.  Dawson  &  Mr.  Spruil 
Received  from  the  Council  the  Bill  for  the  Encouragement  of  Settlers 
in  Brunswick     Endorsed  in  the  upper  House  read  the  Second  time  & 
passed  with  amendments 

Received  from  the  Council  the  Bill  to  Amend  an  Act  Intituled  an 
Act  for  facilitating  Navigation  &c  Endorsed  April  the  16*^  1745  In 
the  Upper  House  read  the  first  time  &  passed  with  Amendments. 

Read  the  second  time  the  Bill  to  Enable  &  Encourage  the  persons 
therein  Mentioned  to  print  the  Laws  &c  with  Amendments 
Ordered  the  same  pass  &  be  sent  to  the  Council 
Sent  the  Above  Bill  to  the  Council  by  Mr.  Barker  &  Mr.  Craven 
The  House  adjourned  till  tomorrow  8  "clock 

Wednesday  the  17*  of  April  1745  The  House  met  according  to 
Adjournment 

Read  the  third  time  the  Bill  for  Killing  deer  at  unseasonable  times  & 
passed  w""  amendments 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Farris  &  Mr.  Starkey 

Read  the  second  time  the  Bill  for  appointing  the  place  where  the  Pub- 
lick  Offices  &c  in  this  province  shall  be  kept 
Vol.  4—99 


786  COLONIAL  RECORDS. 


Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  by  Mr.  Payton  &  Mr.  Barrow 

Read  the  third  time  the  Bill  to  add  tliat  part  of  the  Country  called 
Marramuskert  &  the  Lake  to  Hyde  County  which  passed  with  amend- 
ments 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Payton  &  Mr.  Barrow 

Read  the  second  time  the  Bill  to  Amend  an  Act  Intituled  an  Act  for 
facilitating  of  the  several  Ports  of  this  Province 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  Above  Bill  to  the  Council  by  Mr.  Campbell  &  Mr.  Craven 

The  House  adjourned  till  3  o'clock 

P.  M.  The  House  met  according  to  adjournment 

Read  the  second  time  the  Bill  for  regulating  the  Town  of  Willming- 
ton  which  passed  with  amendments. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  Above  Bill  to  the  Council  by  Mr.  Farris  &  Mr.  Starkey 

Received  from  the  Council  the  Bill  for  fenceiug  in  the  Town  of  Bath  &c 
Indorsed  In  the  Upper  House  read  the  first  time  &  passed 

Received  from  the  Council  the  Bill  to  Impower  the  Commissioners  for 
the  Town  of  Edenton  to  keep  in  repair  the  Town  fences  &c  Endorsed 
April  17""  174.5  read  in  the  upper  House  the  first  time  &  passed 

Received  from  the  Council  tiie  Bill  for  erecting  the  upper  part  of  Cra- 
ven County  by  the  name  Endorsed  the  17'"  April  1745  In  the 
upper  House  read  the  first  time  &  passed 

Received  from  the  Council  the  Bill  to  add  that  part  of  the  Country 
called  Maramuskert  and  Lake  to  Hyde  County  Endorsed  April  17"" 
1745  In  the  upper  Hou.se  read  the  third  time  &  passed 

Ordered  to  be  Engrossed. 

Received  from  the  Council  the  Bill  to  prevent  Killing  Deer  at  unsea- 
sonable times  Endorsed  April  H*  1745  In  the  upper  House  read  the 
third  time  and  passed 

Ordered  to  be  Engrossed 

Received  from  the  Council  the  Bill  for  Appointing  the  place  where  the 
publick  Offices  in  this  province  shall  be  kept  Endorsed  April  17*  1745 
In  the  upper  House  read  the  Second  time  &  passed  with  Amendments. 

Read  the  second  time  the  Bill  for  the  Encouragement  of  the  Settlei-s 
in  the  Town  of  Brunswick  and  passed  with  amendments 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  Above  Bill  to  the  Council  bv  Mr.  Farris  &  Mr.  Starkev 


COLONIAL  RECORDS. 


Mr.  Brice  broiiglit  in  A  Bill  for  an  Act  to  appoint  New  Commissioners 
in  tlie  place  &  stead  of  the  Commissioners  deceased  &  for  furnishing  the 
Chnrch  at  New  Bern  which  he  read  in  his  place 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  In'  Mr.  Farris  &  Mr.  Starkey 

Read  the  second  time  the  Bill  to  Impower  the  Commissioners  of  the 
Town  of  Edenton  to  keep  in  repair  the  Town  fences  &c 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Campbell  and  Mr.  Craven. 

Read  the  Bill  for  erecting  the  upper  part  of  Craven  County  into  a 
County  &c  the  second  time  and  passed  with  Amendment. 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Peyton  &  Mr.  Coutauch 

Read  the  second  time  the  Bill  for  fenceiug  the  town  of  Bath  which 
passed  with  Amendments 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Peyton  and  Mr.  Coutauch 

The  House  adjourned  till  .3  "clock  tomorrow  morning 

Thursday  the  18""  of  April  1745  The  House  met  according  to  ad- 
journment 

Read  the  third  time  the  Bill  for  an  Act  Appointing  the  place  where 
the  Publick  Offices  in  this  province  shall  be  kept 

Ordered  the  same  pass  &  be  sent  to  the  Council 

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

Received  from  the  Council  the  Bill  for  regulating  the  Town  of  Wil- 
mington. Endorsed  In  the  Uppei-  House  read  the  Second  time  &  passed 
with  Amendments 

Received  from  the  Council  the  Bill  for  Encouragement  of  Settlers  in 
Brunswick  Endorsed  In  the  Upper  House  read  the  third  time  & 
passed  with  amendments 

The  House  adjourned  till  2  "Clock. 

P.  M.     The  House  met  according  to  Adjournment 

Received  from  the  Council  the  Bill  to  Impower  the  Commissioners 
of  Edenton  to  keep  in  repair  the  Town  fences  &c  Endorsed  April  15"" 
1745  In  the  Upper  House  read  the  Second  time  &  passed  with  amend- 
ments. 

The  House  adjourned  till  tomorrow  morning  8  "Clock 

Fridav  the  19""  of  April  1745  Tlie  House  met  according  to  a<ljonrn- 
ment 


788  COLONIAL  RECORDS. 


Read  the  third  time  the  Bill  to  Impower  the  Commissioners  of  the 
Town  of  Edenton  to  keep  in  repair  the  Town  fence  &c  which  passed. 

Ordered  the  above  Bill  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Craven  &  Mr.  Campbell 

Read  the  third  time  the  Bill  for  regulateing  the  Town  of  Willmington 
which  passed 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Farris  and  Mr.  Swann 

Received  from  the  Council  the  Bill  to  appoint  new  Commissioners  in 
the  Stead  of  the  Commissioners  deced  and  for  finishing  the  Church  at 
New  Bern  Endorsed  April  18*  1745  In  the  Upper  House  read  the 
second  time  &  passed  with  amendments 

Read  the  third  time  the  Bill  for  an  Act  for  fenceing  the  Town  of  Bath 
&°  which  passed  with  amendments 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Farris  &  Mr.  Swann. 

Received  the  Bill  for  an  Act  to  impower  the  Commissioners  of  Eden- 
ton to  keep  in  repair  the  Town  Fences  &e  Endorsed  A))ril  lO""  1745 
In  the  Upper  House  read  the  third  time  and  passed 

Ordered  to  be  Engrossed. 

Read  the  third  time  the  Bill  to  Encourage  the  Settlers  of  Brunswick 

Ordered  it  be  Engrossed 

Sent  the  same  to  the  Council  by  Mr.  Craven  &  Mr.  Swann 

Received  from  the  Council  the  Bill  for  regulating  the  Town  of  Will- 
mington Endorsed  April  19*^  1745  In  the  Upper  House  read  the  third 
time  &  passed 

Ordered  to  be  Engrossed 

Received  from  the  Council  the  Bill  for  fenceing  the  Town  of  Bath 
Endorsed  April   IB""  1745  In  the  Upper  House  read  the  tiiird  time  & 


Ordered  to  be  Engrossed. 

Read  the  second  time  the  Bill  to  Appoint  new  Commissioners  in  place 
and  Stead  of  the  Commissioners  deceased  &  for  furnishing  the  Church 
in  New  Bern  which  passed  with  Amendments 

Ordered  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Nixon  &  Mr.  Brice 

Sent  the  following  Message  to  the  Council  Viz' 

Gentlemen  of  his  Majesties  Honble  Council 

We  have  the  Bill  for  the  Encouragement  of  the  Settlers  of  Bruns- 
wick before  ns  marked  with  a  third  reading  thereon  by  your  House  to 


COLONIAL  RECORDS.  789 


which  Bill  we  conceive  there  are  five  just  Exceptions  to  be  made  the  first 
is  the  Investing  the  Lands  in  the  Commissioners  in  the  said  Bill  men- 
tioning any  trust  use  or  purpose  fi:jr  so  investing  the  same. 

The  Second  is  the  Musters  for  St  Philips  Parish  being  made  in  Bruns- 
wick 

The  third  is  the  keepers  of  Taverns  or  Publick  Houses  being  Subject 
to  the  Penalty  of  forty  Shillings  over  and  above  Looseing  the  money 
they  shall  Credit  any  Sailor  for 

The  fourth  is  only  in  the  Diction,  the  word  Default  being  made  use  of 
instead  of  Offence 

The  fifth  &  last  is  the  Clause  Allowing  the  Town  of  Brunswick  to 
enjoy  all  the  same  Priviledges  of  any  other  Town  in  this  province. 

As  to  the  first  we  are  of  opinion  that  it  ought  to  be  mentioned  invested 
in  the  said  Commissioners  in  fee  for  the  trusts  uses  &  purposes  herein 
after  mentioned. 

And  as  to  the  Second  we  are  of  opinion  that  the  Militia  Law  hath 
already  Provided  in  the  Case  of  Musters  &  therefore  the  word  Musters 
in  the  Bill  ought  to  be  expunged. 

As  to  the  third  we  are  of  opinion  that  the  penalty  of  forty  Shillings 
on  Keepers  of  Taverns  or  Publick  Houses  ought  to  be  expunged 

As  to  the  fourth  we  are  of  opinion  that  the  word  default  ought  to  be 
altered  to  that  of  offence 

As  to  fifth  &  last  we  are  of  opinion  the  whole  Clause  ought  to  be 
expunged 

If  your  Honours  shall  think  fit  to  Concurr  with  the  above  Amend- 
ments we  shall  pass  the  said  Bill  and  send  it  to  your  House 

By  order  SAM:  SWANN  Speaker 

Sent  by  Mr.  John  Swann  &  Mr.  George  Moore 
The  House  adjourned  till  3  "Clock. 

P.  M.     The  House  met  according  to  Adjournment 

Received  from  the  Council  the  Message  sent  from  this  House  this 
morning  Endorsed  April  If)""  1745.  In  the  upper  House  concurred 
with. 

By  order  RICHARD  LOVETT  Clke 

The  House  adjourned  till  8  "clock  tomorrow  morning 

Saturday  the  20*  of  April  174.5  The  House  met  according  to  Ad- 
journment. 

Read  the  third  time  the  Bill  to  appoint  New  Commissioners  and  for 
finishing  the  church  at  New  Bern. 


790  COLONIAL  RECORDS. 


Ordered  the  same  pass  and  be  sent  to  the  Council  Sent  the  above 
Bill  to  the  Council  by  Mr.  Nixon  &  Mr.  Brice 

Received  from  the  Council  the  Bill  to  Appoint  new  Commissioners  in 
the  stead  &  place  of  the  Com"  deceased  and  for  finishing  tlie  Church  at 
New  Bern  Endorsed  20""  April  1745  In  the  upper  house  read  the  third 
time  &  passed.     Ordered  to  be  engrossed 

Read  the  third  time  the  Bill  to  erect  the  upper  part  of  Craven  County 
into  a  County  &c 

Mr.  John  Swann  mov'd  the  same  pass. 

Mr.  John  Hodgson  objected  the  same — Upon  which  the  Question  was 
put  whether  the  said  Bill  be  rejected  or  pass  which  was  carried  for  reject- 
ing the  same  and  the  same  is  accordingly  rejected 

Mr.  John  Campbell  moved  that  the  Commissioners  for  Navigation  be 
Ordered  by  this  House  to  Lay  before  them  the  next  Assembly  their  sev- 
eral and  respective  accounts  as  Commissioners  aforesaid. 

Ordered  the  said  Commissioners  Lay  before  this  House  their  said 
accounts  next  sessions  of  Assembly 

Mr.  Thomas  Barker  Reported  from  the  Committee  of  Accounts  as  ^ 
Book  To  which  the  House  agreed. 

Sent  the  following  message  to  the  Council 

Gentlemen  op  his  Majesties  Council 

We  have  resolved  that  Richard  M°Clure  Clke  of  the  Committee  of 
Publick  Accounts  be  allowed  Forty  pounds  for  Acting  as  Clke  of  the 
said  Committee  this  Sessions  and  that  Mr.  diaries  Adams  be  allowed 
Ten  pounds  for  the  use  of  this  House  fire  &  Candles  for  the  Committee 
of  Accounts  at  above  sessions. 

Sent  by  Mr.  Shergold  and  Mr.  Lowther 

Received  the  above  message  from  the  Council  Endorsed  concurred 
with  20*  April  1745. 

Sent  to  the  Council  by  Mr.  Sinclare  &  Mr.  Jones  the  reports  of  the 
Committee  of  Accounts  of  this  sessions  &  former  sessions  not  concurred 
with  by  the  Other  Houses  for  their  Concurrence. 

His  Excellency  the  Governor  was  pleased  to  Command  the  Imme- 
diate attendance  of  this  House  with  what  Bills  were  Engrossed. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber.  And  Mr.  Speaker  presented  to  his  Excellency  the 
following  Bills  (to  wit)  The  road  Bill,  The  Bill  for  fenceing  Bath  Town, 
Edenton  Bill,  Additional  Act  to  the  Sheriff's  Act,  The  Bill  for  repealing 
tlie  Port  Law,  The  Fortification  Bill,  The  Bill  for  adding  Mattamuskert 
&  Lake  to  Hyde  County,  The  Bill  to  prevent  Killing  Deer,  The  Bill  for 


COLONIAL  RECORDS.  791 


sinking  the  Currency,  The  Bill  for  regulating  Willniington,  The  Bill  fur 
Encouragement  of  Settlers  in  Brunswick,  The  Bill  for  Appointing  new 
Commissioners  &  for  finishing  the  Church  at  New  Bern. 

To  all  which  his  Excellency  was  pleased  to  Assent 

Then  His  Excellency  was  pleased  to  Prorogue  this  Assembly  to  the 
last  Tuesday  in  Septemljer  next  to  be  then  held  at  New  Bern. 

Mr.  Speaker  &  the  rest  of  the  House  returned  &  pronounced  the  pro- 
rogation accordingly. 

Test  WILL"  HERRITAGE,  Clk=  General  Assembly. 


1746. 

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

Wilmington  March  31,  1746 
Rev*  Sir,  [to  the  Secretary] 

I  have  not  the  least  hopes  of  seeing  encouragement  given  to  a  settled 
ministry  in  this  district  and  should  have  been  obliged  to  leave  it  before 
this  time  but  that  I  had  some  money  of  my  own  which  has  enabled  me 
to  surmount  all  the  difficulties  the  vestry  could  lay  me  under  by  refusing 
to  pay  ray  salary — They  are  affronted  if  I  do  not  go  to  their  houses  to 
baptize  their  children  and  their  plantations  to  bury  their  dead  the  moment 
they  send  for  me  tho'  timely  notice  has  not  been  given  and  yet  I  cannot 
j)revail  on  any  parish  to  purchase  a  Glebe  where  my  horses  may  be  kept 
nor  build  a  Parsonage  house  and  certainly  a  Missionarie  who  is  hir'd  by 
the  year  has  no  business  to  do  it.  These  inconveniences  made  me  think 
some  time  I  lived  like  a  vagabond — They  have  impaired  my  health  and 
often  put  it  out  my  power  to  do  what  otherwise  I  would  have  done  in 
the  way  of  my  office  and  therefore  beg  the  Venerable  Society  may  ap- 
point me  their  Missionary  for  the  Northern  parts  of  this  province  which 
are  abt)ve  the  District  of  Rev'*  Mr.  Hall  I  have  some  reason  to  expect 
my  labours  will  prove  more  successful  there  than  they  have  been  here 
and  am  still  of  the  opinion  that  no  Missionary  can  live  in  this  District 
till  they  are  determined  to  make  better  provision  for  him  and  this  is 
what  never  will  happen  till  once  they  are  convinced  they  can  have  no 
Missionary  on  any  other  term  Since  Michaelmas  I  baptized  54  white 
children  and  gave  the  Holy  communion  to  23  persons.  I  enjov  a  better 
state  of  health  at  present  and   for  some  months  past   than  I  have  done 


792  COLONIAL  RECORDS. 


for  several  years  past  because  I  suppose  the  fevers  aud  agues  in  the  Fall 
and  Pleurisis  in  the  Winter  which  are  epidemical  attacked  me  with  less 
violence  than  formerly  bnt  have  negotiated  no  Bill  for  this  half  years 
Salaries  expecting  to  hear  the  venerable  Society  will  permit  me  to  visit 
cold  climate  in  the  summer  season  if  my  health  requires  it 

I  am,  Rev''  Sir,  Your  most,  &c.,  JAMES  MOIR 


[B.  P.  K.  O.  North  Carolina  B.  T.  Vol.  11.  B.  70.] 

Edenton.  June  6'"  1 746. 
My  Lords,  [of  the  Board  of  Trade] 

It  is  with  very  great  surprize  and  concern  that  I  read  in  your  Lordships 
of  the  27""  of  June  last,  which  I  received  ijut  lately,  that  you  have  received 
none  from  me  these  three  years  past.  I  rather  expected  to  have  met 
with  a  reproof  for  troubling  you  too  much  especially  as  I  had  almost 
nothing  to  inform  your  Lordships  of  excej)t  the  miseries  and  hardships 
I  and  all  His  Majesty's  Officers  labour  under,  since  the  Repeal  of  the 
Quit  rent  law,  and  my  Lord  Granville  having  one  and  much  the  better 
half  of  this  Province  laid  of  to  him  for  his  share  of  both  the  Carolinas. 

If  I  could  at  all  times  wiien  I  have  the  honour  to  receive  your  Lord- 
ships commands,  meet  with  His  Majesty's  Council  &  Secretary  as  is  done 
in  all  other  Colonys,  I  should  in  many  cases  be  able  to  return  more  sat- 
isfactory answers.  But  that  in  our  circum.stances  is  absolutely  impossilile. 
It  is  with  great  difficulty  we  make  a  sliift  to  meet  twice  in  a  year  all 
the  rest  of  our  time  is  spent  at  our  own  little  plantations  which  are  some 
fifty  some  one  hundred  and  some  two  hundred  miles  distance  from  one 
another  &  this  will  always  be  our  case  until  our  salaries  are  regular  paid, 
mine  is  now  eight  years  in  arrears,  and  those  of  the  other  Officers  in 
proportion  and  our  fees  but  very  trifling  which  makes  it  impossible  for 
us  to  remain  long  in  any  of  the  Towns  of  this  Province  where  small 
and  despicable  as  they  are,  living  is  dearer  than  at  London. 

By  the  unexpected  repeal  of  the  Quit  rent  law  there  are  arrears  of 
many  years  standing,  in  that  part  of  this  Province  lately  given  to  Lord 
Granville  Aud  as  the  Governor  &  Officers  have  a  regular  Grant  from 
the  Crown  upon  the  Quit  rents  in  general  dated  in  1733.  we  never  doubted 
as  his  Lordships  eighth  part  has  been  duly  paid  him  that  we  had  aright 
to  all  the  arrears  before  his  contract  with  the  Crown  but  there  is  a  clause 
inserted  in  that  contract  which  notwithstanding  our  prior  grant  gives  his 
Lordship  all  these  arrears  amounting  to  four,  as  others  compute,  five 


COLONIAL  RECORDS.  793 


thousand  pounds  sterling,  his  Lordship  indeed  has  given  up  ail  his 
Arrears  in  South  Carolina  to  His  Majesty  as  an  equivalent,  but  upon 
inquiry  I  am  informed  his  Lordship  is  not  only  paid  up  to  the  17"'  Sep- 
tember 1744.  the  date  of  the  Grant  and  release,  but  to  the  25*  of  March 
1745.  In  the  meantime  the  Governor  and  Officers  are  a  starving  and  at 
a  loss  to  apply  for  a  remedy. 

"It  would  be  a  great  charity  iu  your  Lordships  if  you  would  honor  us 
with  your  advice  how  to  proceed  in  this  matter,  Mr.  Halton  one  of  the 
Council,  and  Captain  Tunis  can  inform  your  Lordships  further  in  this 
affair,     tliey  are  at  this  time  both  in  London, 

I  am  now  about  preparing  an  exact  state  of  this  Ccuintry  in  every  par- 
ticular required  by  my  Instructions,  which  I  hope  will  give  your  Board 
entire  satisfaction. 

I  am  with  great  respect  your  Lordships  most,  &c., 

GAB.  JOHNSTON. 


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

No.  Carolina  Chowan  County  near  Edenton  June  19  1746 
Rev"*  Sir,  [to  the  Secretary] 

Some  time  after  Easter  I  Journeyed  twenty  two  days  throughout  my 
mission,  preached  about  16  times  baptized  about  120  children  &  11  black 
adults  I  went  to  Norfolk  in  Virg'  about  a  little  private  business  &  to 
see  the  Rev*  Mr.  Smith  from  whence  I  wrote  a  letter  to  y'  self  dated 
May  e""  but  could  not  send  a  copy  of  the  former  (my  papers  being  at 
home)  &  I  being  in  haste  forgot  to  take  a  copy  of  that  but  I  hope  tis  not 
material  My  first  and  second  Bills  of  Exchange  for  £15  sterling  dated 
Aug.  23  1745  I  sent  home  to  Mr.  Hughes  of  London  y'  one  in  Aug'  y* 
other  in  Nov.  past  but  have  not  rec''  any  thing  from  him  nor  y'  self  I 
am  like  to  be  in  want  of  many  necessaries  for  myself  and  family  I  am 
employed  in  this  Parish  of  St.  Paul  upon  the  same  terms  as  I  was  the 
year  past  but  y"  allowance  of  £45  sterling  here  will  scarcely  come  to  the 
value  of  25  in  England  Goods  being  so  scarce  &  extravagantly  dear 
Our  church  at  Edenton  has  y'  Roof  raised  but  y"  work  is  at  a  stand  at 
present,  because  (as  'tis  said)  the  commissioners  do  not  agree  about  it 
Please  when  you  write  to  send  me  an  abstract  of  y°  Society's  proceedings 
for  two  y"  past  &  what  is  the  latest  news  of  y"  war  &  Rebellion  in  Scot- 
land I  return  my  hearty  thanks  &  h"°  Service  to  y°  worthy  gent  of  y* 
Society  whom  witli  y'  self  I  wish  health,  peace,  &  good  success  &  am  as 
ever.  Rev*"  Sir,  your  most,  &c., 

CLEMENT  HALL. 
Vol.  4—100 


794  COLONIAL  RECORDS. 


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

No.  Carolina  Chowan  County  near  Edexton  Aug'  23  1746. 
Rev*  Sir,  [to  the  Secretary] 

Our  church  at  Edeuton  is  yet  at  a  staud  for  the  reasous  aforesaid  tho' 
some  of  the  commissioners  say  that  tlie  roof  will  shortly  be  covered,  I 
am  very  sorry  that  I  can  neither  hear  of  nor  receive  anything  from  the 
Hon"'  Society  since  I  came;  but  iiope  'tis  not  so  with  them  from  me- 
for  this  is  y'^  7*  I  have  wrote.  I  do  assure  you  I  do  all  within  y'  com- 
pass of  my  power  to  answer  the  end  for  which  I  am  sent.  But  tho'  here 
be  many  well  disposed  people  yet  on  y°  other  hand  here  be  too  many 
who  chuse  to  live  an  irreligious  life  discourage  and  hinder  y'  progress  of 
the  Gospel.  I  have  baptised  by  my  accounts  about  1235  White  ciiildren 
&  29  White  Adults  13  Black  children  &  30  Black  adults  In  all  about 
1307  persons  &  do  purpose  (thro'  God's  lielp)  to  continue  to  do  what  I 
am  able  And  am  Rev*  Sir  yours,  &c., 

CLEMENT  HALL. 


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

Ocf  14.  1746. 
Sir,  [To  Gov.  Gau'  .Johnston] 

The  Society  for  tho  propagation  of  the  Gospel  in  Foreign  Parts  out  of 
regard  to  your  very  worthy  character  &  zeal  for  Gods  service  have  done 
themselves  the  Honour  to  elect  y'  Excell^  a  member  of  their  corporation  ! 
and  have  taken  the  religious  state  of  y'  Province  under  their  consid" 
they  are  sensible  there  is  a  great  want  of  orthodox  worthy  clergymen  to 
propagate  the  Gospel  ifi  it;  and  are  very  willing  to  do  their  part  towards 
supplying  this  defect  but  as  from  tlie  Letters  of  their  Missionaries  & 
they  hope  worthy  ones,  the  Rev*  Mr.  Hall  &  the  Rev*  Mr.  Moir  they 
appear  to  labour  under  great  difficulties  for  want  of  proper  encourage- 
ment &  support  &  particularly  for  want  of  houses  &  Glebes  to  reside  on 
they  beg  the  favour  to  know  what  certain  encouragement  the  Governm' 
of  N.  Carolina  will  give  provided  the  Society  sho*  send  them  more  Mis- 
sionaries The  Society  find  an  act  of  the  Assembly  pass'd  so  long  ago  as 
the  year  1715  for  dividing  the  Province  into  nine  Parisiies  and  for  build- 
ing churches  &  chapels  in  tliem  &  for  providing  stipends  &  Glebes  for 
able  &  Godly  Ministers  qualified  according  to  the  Ecclesiastical  Laws  of 
the  Church  of  England  but  with  sorrow  they  doubt  whether  hitherto 


COLONIAL  RECORDS.  795 


this  act  hath  taken  full  effect  in  any  one  Parish  in  the  Province  how- 
ever they  hope  it  will  thro'  tRe  Influence  of  y'  Excell^  &  are  very  wil- 
ling on  their  part  to  promote  it  this  is  proposed  to  be  brought  by  the 
Rev''  Mr.  Garden  the  worthy  comni''  of  the  Province  who  will  help  for- 
ward as  much  as  in  him  lies  all  worth}'  endcav"  for  the  Prop"  of  Christs 
true  Religion  I  am,  &c.,  P.  B.,  Secretary 


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

Wilmington  Nov"  4  174(1. 
Rev*  Sir  [to  the  Seorkt.\ry] 

From  Lady  day  to  Michaelmas  I  baptized  one  liundred  and  eighty 
white  children  and  twelve  blacks  and  gave  the  holy  communion  to  thirty 
six  persons — I  desire  the  venciable  Society  may  order  the  payment  of 
my  salary  for  the  yeai'  and  six  niontlis  past  to  Mr.  William  Dunbar 
Merchant  in  London. 

The  months  of  August  &  September  being  very  sickly  ami  my  office 
exposing  me  to  the  inclemency  of  the  season  brought  upon  me  a  kind  of 
intermitting  fever  which  I  got  rid  of  with  the  utmost  diftieulty  and  after 
seven  weeks  illness  I  dread  the  tlioiight  of  living  in  this  district  another 
summer  where  my  life  has  been  several  times  despair'd  of  and  where  I 
have  no  prospect  of  pasture  for  my  horses  or  a  convenient  house  for 
myself  and  where  the  salaries  they  promise  are  paid  in  commodities  not 
worth  the  trouble  of  receiving — In  the  Northern  parts  of  this  Province 
which  are  above  the  District  of  Rev*  Mr.  Hall  the  land  is  higher  and  the 
climate  colder  which  makes  it  more  healthy,  and  there  is  ten  times  the 
number  of  white  people  to  what  we  have  at  cape  fear — They  have  offered 
me  frequently  all  proper  encouragement  to  find  me  a  Glebe  and  Parson- 
age House  and  pay  my  Salary  truly  and  faithfully — If  the  venerable 
Society  will  [approve]  of  these  proposals  and  order  me  to  remove  thither 
I'll  endeavor  to  answer  the  end  of  my  Mission  but  if  they  are  otherwise 
determined  after  all  my  misfortunes  &  disappointments  in  this  District, 
I  humbly  beg  leave  to  acquaint  them  that  since  I  cannot  serve  them 
much  longer  here;  I  thank  them  most  sincerely  for  all  the  favours  they 
have  done  nie  already  and  am  Rev*  Sir,  Your  most,  &c., 

JAMES  MOIR. 


796  COLONIAL  RECORDS. 


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

To  tlie  Most  Reverend  Father  in  God  Thomas  Lord  Archbishop  of  Can- 
terbuiT  &c.  President  and  the  Rest  of  the  Right  Reverend  Rigiit  Hon- 
orable and  worthy  members  of  the  Society  for  Propagation  of  the 
Gospel  in  Foreign  Parts  and  for  Promoting  Christian  Knowledge  at 
home. 
Most  Reverend  Father  and  H(inorakle  worthy  Gentlemen 

Wee  the  Churchwardens  &  Vestry  Men  of  the  Parisli  of  St.  Thomas 
in  the  Province  of  North  Carolina  Having  taken  into  our  consideration 
the  deplorable  state  of  our  Parish  for  these  four  years  past;  for  want  of 
a  goodly  Minister  amongst  us  to  Preach  the  Holy  Gospel  &  Baptize  our 
children  and  administer  the  Holy  Sacrament  to  such  good  christians  as 
is  desirable  of  it,  and  to  instruct  Youth  and  sett  a  good  example  to  the 
people  in  general,  which  want  \vc  think  it  our  indisputable  duty  to  use 
all  possible  means  to  gett  a  good  Minister  as  soon  as  possible  we  could  to 
supply  us,  we  being  well  assured  we  never  can  expect  the  blessing  of 
God  Almighty  upon  us  without  using  the  means  contained  for  obtaining 
the  same. 

Wee  therefore  as  soon  as  possible  the  state  of  our  Parish  would  permit 
after  the  death  of  our  late  Parson  the  Rev''  John  Gazia  applied  ourselves 
to  his  Pjxcellency  Gabriel  Johnston  our  Gov'  &  ordinary  of  this  Prov- 
ince for  his  advice  and  assistance  in  what  measure  we  should  supply  our 
want  in  getting  a  good  Minister.  His  Excellent  with  great  willingness 
imidiately  gave  us  the  assurance  of  the  assistance  in  his  power  accordingly 
wrote  to  his  Lordship  the  Bishop  of  London  on  our  behalf  which  gave 
us  great  hopes  of  being  supplied  with  a  goodly  Minister  in  a  short  time 
But  to  our  great  misfortune  and  grief  about  six  months  ago  His  Excel- 
lent advised  us  that  he  had  no  account  from  his  Lordship  the  Bishop  of 
London  &  likewise  advised  us  to  apply  any  other  way  we  could  think 
most  proper  to  get  our  want  supplied — And  indeed  worthy  Sirs  wee  could 
not  think  of  any  way  so  likely  for  success  as  applying  ourselves  to  your 
Honble  Society,  the  very  name  and  chai-act'  of  which  gives  us  very  great 
hopes  of  success  &  of  having  a  goodly  Minister  sent  tons  by  your  assist- 
ance which  now  greatly  is  wanted  here,  and  be  the  greatest  blessing  we 
could  at  present  enjoy  under  God. 

The  encouragement  that  is  in  our  power  at  present  to  give  a  good 
Minister  is  Fifty  pound  proclamation  Money  as  by  Law  of  this  Prov- 
ince Established,  &  a  good  Glebe  containing  300  acres  of.  good  Land,  a 
Dwelling   House  &  Kitching   in   good   repair,  on   the  said   Glebe  and 


COLONIAL  RECORDS.  797 


Twenty  pound  Sterling  Money  a.s  a  present  when  arrived  at  the  Parish 
Church  of  St.  Thomas.  This  Gentlemen  with  your  assistance  &  the 
prospect  of  doing  great  good  to  many  Soid.s'  we  hope  will  be  a  sufficient 
motive  to  move  some  good  man  to  come  to  us.  and  as  our  Parish  is  daily 
increasing  wee  hope  in  short  time  to  be  able  to  add  something  to  the 
yearly  stipend,  thus  Gentlemen  having  laid  our  case  before  you,  wee 
heartily  begg  God's  blessing  and  your  kind  assistance  upon  our  endeav- 
ours which  will  lay  a  lasting  obligation  upon  the  whole  Parish,  and  par- 
ticularly upon 

Your  most  obedient  humble  Servants 

DAN'  BLIN  ^ 

ABRAHAM  DUNCAN  |. 

and  several  others         j 


Church 
Wardens 


[B.  P.  K.  O.  B.  T.  Journals.  Vol.  54.  p.  44.] 

BOARD  OF  TRADP:  JOURNALS. 

Tuesday  May  6'"  1 746. 
Present. 
Lord  Monson 
Mr.  Plumer.  Mr.  Pitt. 

Upon  application  from  Mr.  Thos.  Smith  Deputy  Auditor  of  the 
Plantations  for  copies  of  such  parts  of  HisMaj.  Instructions  to  his  Gov- 
ernors of  South  and  North  Carolina  as  relate  to  Grants  of  Land  and 
the  payment  of  the  Quit  rents  in  those  Provinces  the  Board  ordered 
that  copies  of  such  parts  of  said  Instructions  as  relate  thereto  should 
be  accordingly  prepared. 

[Page  71.1 

Friday  July  25"'  1746 
It  appearing  to  the  Board  that  no  letters  or  other  public  papers  had 
been  received  from  Mr.  Johnston  Governor  of  North  Carolina  since  the 
year  1742  their  Lordships  ordered  the  Draught  of  a  letter  to  the  Duke 
of  Newcastle  to  be  prepared  acquainting  him  therewith 

Mem:  It  will  be  seen  by  reference  to  the  Corresp.  [North  Carolina  B. 
T.,  Vol.  XI],  that  there  is  no  letter  from  Gov.  John.ston  between  the 
date  of  Dec.  1741  (B.  59)  which  was  rec''  in  April  1742  nor  any  papers 
rec*  from  him  until  June  1746  (B.  70)  in  which  and  in  another  letter 
dated  20  Jan^  174f  (B.  72)  lie  explains  that  he  has  been  a  regular  Cor- 
respondent but  that  his  many  packets  have  miscarried 

W.  N.  S. 


798  COLONIAL  RECORDS. 


[Page  77.] 

Thursday  Aug'  21"  1746. 

Letter  from  Mr.  Johnston  Governor  uf  North  Carolina  to  the  Board 
dated  at  Edenton  tlie  6*  of  June  1746  in  rehition  to  his  eiglit  years  of 
Salary  due  to  him  and  the  other  officers  there  and  to  the  outstanding- 
arrears  of  Quit  rents  and  the  Lord  Granville's  Grants  of  Lands  and 
Quit  rents  in  that  Pi'ovincc 

Ordered  that  the  said  letter  lie  taken  into  consideration  at  another 
opportunity 

[Page  110. 1 

Friday  December  19'"  1746 
The  Board  took  into  consideration  the  letter  from  Mr.  John.ston 
Gov'  of  North  Carolina  mentioned  in  the  Minutes  of  21  Aug.  last  & 
Ordered  the  Secretary  to  write  to  Messrs  Halton  &  Jones  to  whom  he 
refers  them  for  a  further  account  of  the  state  of  that  Province  desiring 
them  to  attend  the  Board  on  Tuesday  next  in  order  to  have  some  dis- 
course with  them  upon  that  subject. 

[Page  111. J 

Tuesday  December  23'"  1746. 
Mr.  Halton  attending  as  desired  by  the  Minutes  of  Friday  last  the 
Board  had  some  discourse  with   him  on  tlie  subject  of  Mr.  Johnston's 
letter 


[From  the  MSS.  Records  of  North  Carolina  Cokncil  .Journals.] 

COUNCIL  JOURNALS. 

North  Carolina. 

At  a  Council  at  Bath  Town  12'"  day  of  March  174| 

Present  His  Excellency  Gabriel  Johnston,  Esq'  Gov.  &c. 

Ti     w       1 1    /  Mathew  Rowan    Roger  Moore  1  Esq"  Members  of  His 
.Itie  ^onoble  j  j,^^^^^^j,^j  Moseley  Wm.  Forbes   f      Majesty's  Council 

Read  the  following  Petitions  for  Warrants  Viz' 

Bryan  Conner  200  Bladen,  Robert  Parks  450  Craven,  Hugh  Brown 
100  Bladen,  James  Burns  200  D°,  Anthony  Herring  600  Craven,  Henry 
Osberry  350  D°,  Samuel  Smith  100  D",  John  Hornbeck  400  Bladen, 
John  M°Coy  300  D°,  William  Kemp  640  D",  Thomas  Red  350  D",  D" 
D"  200  D°,  John  Gyles  300  D",  Joseph  Bryan  250  Craven,  Gartram 
Beuboe  200  D",  D"  D"  150  Bladen,  Matthew  Allen  300  Craven,  Daniel 
Herring  100  New  Hanover,  Robert  Fellows  50  Craven,  Robert  Park 
200  D°,  Edmund  Park  300  Bladen,  Felix  Kennon  240  New  Hanover, 
John  Ratcliife  50  Craven,  Thomas  Armstrong-  300  Bladen.     Granted 


COLONIAL  RECORDS.  799 


Read  the  followiuo;  Petitions  for  Patents  Viz' 

David  Gellet  400  Bladen,  William  Bartrini  150  D°,  John  Brooks  194 
D°.     Granted 

The  following  Persons  were  admitted  to  prove  their  Rights 

Whites.     Blacks.  County. 

John  Benson  -i  4  Craven 

James  Bnrns  7  1  Onslow 

North  Carolina. 

At  a  Conncil  held  at  Bath  Town  13'"  day  of  March  1745  [1746] 

Present  His  Excellency  Gabriel  Johnston  Esq,  Gov.  &c. 
Tl     TT       1 1    /  ^^^**tliew  Rowan    Roger  Moore  \  Esq"  Members  of  His 
\  Edward  Moseley  Wm.  Forbes  J       Majcstys  Conncil 

Read  the  following  Petitions  for  Warrants  Viz' 

Thomas  Hall  100  Onslow,  Benjamin  Fnzz  300  Bladen,  James  Cook 
300  New  Hanover,  James  Hassell  100  D°,  Phebe  &  Mary  Lisher  300 
Craven,  Thomas  West  130  D",  John  Speir  150  D",  John  Edwards  300 
Bladen,  Robert  By  ley  200  Craven,  D"  D°  250  D°,  Francis  Stringer  150 
D",  James  Keith  320  D",  Martin  Bender  100  D°,  Samuel  Pacey  300  D", 
Mary  Peyton  640  Beaufort,  George  Kerneagee  50  New  Hanover,  Francis 
Stringer  200  Craven,  Daniel  Sullivan  200  New  Hanover,  Jonathan  San- 
derson 100  Craven,  Francis  Stringer  300  D°,  Armwell  Howard  200  D", 
Daniel  Quellen  100  D",  Jacob  Ispack  150  D",  Joshua  Sarsnett  100  D", 
William  Wilkinson  100  D°,  Robert  Park  300  Bladen,  William  Cook 
100  Craven,  John  Harris  100  D°,  Benoni  Loftin  50  D°,  W^illiam  Whit- 
ford  400  D°,  William  Ferriss  200  New  Hanover,  Joseph  Harper  320 
Craven.     Granted 

Read  the  Petiti(jn  of  David  and  Isaac  Fonville  Orphans  of  John 
Fonville  Deced.  Praying  to  have  two  hundred  and  fitly  Acres  of  Marsh 
Land  and  fronting  John  Fonvilles  Land,  Beginning  at  the  Mouth  of  a 
little  Creek  between  the  said  Fonvilles  and  Peter  Handus  and  that  the 
Warrant  may  issue  in  the  Name  of  the  said  Orphans. 

Ordered  that  a  Warrant  be  Granted  to  the  said  David  and  Isaac  Fon- 
ville for  so  much  of  the  front  of  the  said  Marsh  in  Proportion  to  their 
Lands  joining  on  the  said  Marsh,  and  that  the  Surveyors  Return  a  Plat 
thereof  to  this  Board  at  their  next  sitting 

Read  the  following  Petitions  for  Patents  Viz' 

James  M'Lewean  200  Craven,  Darby  M°Carty  600  Hyde,  Matthis 
Tyson  100  D°,  John  Forbes  320  Beaufort.     Granted 

Ordered  That  Robert  Halton,  Eleazer  Allen,  Matliew  Rowan,  and 
William  Forbes  Esq"  Members  of  His  Majesty's  Council,  and  George 


800 


COLONIAL  RECORDS. 


Gould  Esq'  Surveyor  General  be  and  they  are  hereby  continued  Com- 
missioners on  His  Majestys  behalf  for  running  the  Dividing  Line  between 
His  Majesty  and  Lord  Granville 

His  Excellency  was  Pleased  by  and  with  the  advice  of  His  Majestys 
Council  to  Order  that  Writs  forthwith  issue  for  Electing  Members  of 
Assembly  by  the  Freeholders  of  the  Several  and  respective  Countys  and 
Towns  within  this  Province  on  Tuesday  the  29""  of  April  next  to  meet 
and  set  in  General  Assembly  for  the  dispatch  of  Business  at  New  Bern 
the  29""  of  May  following. 

Ordered  that  a  New  Commission  of  the  Peace  issue  for  Bertie  County 
Directed  to  George  Gould,  William  Cathcart,  James  Castellaw,  Benjamin 
Hill,  John  Harrell,  Needham  Bryan,  George  Lockhart,  John  Brown, 
Samuel  Scolley,  Samuel  Ormes,  George  Patterson,  Robert  Hunter,  and 
Edward  Bryan  Esq"  Justices  of  the  Peace  for  and  within  the  said 
County 

The  following  Persons  were  admitted  to  Prove  their  Rights 


John  M°Coy 
Jno  M°Coy  for  W° 
William  Kemp 
John  Hornbeck 


M'Coy 


'hites. 

5 

Blacks. 

3 

County. 

Bladen 

3 

B" 

8 
4 

D» 
D° 

North  Carolina 

At  a  Council  held  at  Bath  Town  14"'  day  March  1745  [1746] 
Present  His  Excellency  Gabriel  Johnston  Esq'  Gov'  &c. 
„,      TT       1 1    f  Mathew  Rowan     Roger  Moore  \  Esq"  Members  of  His 
ihe  Monobiej  gj^^^j  Moseley   Will"  Forbes  j      Majestys  Council 

Read  the  following  Petitions  for  Warrants  Viz' 

Joseph  Bishop  50  New  Hanover,  Henry  Eborn  100  Hyde,  William 
Davis  150  D",  Edmund  Price  Ju'  300  Beaufort,  Samuel  Johnston  640 
On.slow,  Alexander  M'Cullock  640  New  Hanover,  John  Warner  300 
Beaufort,  William  Williams  200  Onslow,  John  Williams  200  D",  Joseph 
Blake  200  New  Hanover,  William  Houston  150  D",  William  M°Coy 
300  Bladen,  Richard  Lovit  150  Craven,  James  Brickies  200  Beaufort, 
James  M°Coy  300  Bladen,  George  Kernage  100  New  Hanover,  Anthony 
Cox  180  Craven,  John  Grouse  250  D°,  Francis  Nunn  150  D°,  Thomas 
Hilliard  200  Beaufort,  Anthony  Cox  180  D°,  Henry  Barlow  200  Craven, 
John  Brooks  200  D°,  James  Burns  400  Bladen,  Solomon  Grant  400  D", 
Joseph  Bishop  50  New  Hanover,  John  Hardy  640  Bladen,  George  Bur- 
gess 290  Craven.     Granted 

Read  the  following  Petitions  for  Patents  Viz' 


COLONIAL  RECORDS.  801 


Thomas  Champion  100  Beaufort,  John  Bryan  640  Craven,  John  Nel- 
son .319  D°,  Caleb  Howell  400  Bladen,  Luke  Forteskue  100  Hyde, 
Thomas  Armstrong  200  Bladen,  John  Sanderson  .350  Hyde,  William 
Forteskue  100  D",  Thomas  Davis  100  Bladen,  Robert  Champain  100 
Beaufort,  William  Giddings  100  Hyde,  Foster  Gervis  150  D°,  Thomas 
Devaughan  320  New  Hanover,  William  Ridgway  300  D°,  John  Ellaby 
650  Bladen,  Hugh  Larrimoore  300  D",  William  Smith  300  D",  Williss 
Ship  100  Craven,  John  Wynn  170  D",  Edward  Powers  .300  D",  John 
Higdon  100  D°,  John  Gyles  200  New  Hanover,  John  Echols  200  Beau- 
fort, John  Gyles  200  Craven,  William  Hall  200  D°,  Robert  Parkes  .300 
Bladen,  Robert  Parks  300  D°.     Granted 

Ordered  That  the  Surveyor  General  cause  a  Resurvey  to  be  made  of 
Peter  Prevats  Land  in  Craven  County  Joining  the  Land  of  Mr.  Herri- 
tage  agreeable  to  the  .Warrant  formerly  granted  to  the  said  Prevat  for 
the  same  and  a  Return  thereof  to  this  Board  at  their  next  sitting 

Read  this  day  at  the  Board  the  Petition  of  Simon  Forteskue,  Shewing 
That  he  had  a  patent  Granted  him  for  470  Acres  of  Laud  lying  in 
Hyde  County  iu  the  year  170f  That  soon  after  the  Indian  Warr  Broke 
out,  and  your  Petitioner  was  shot  in  the  Head  his  wife  and  children 
taken  Prisoners  and  carryed  away,  his  House  burnt  down  to  the  Ground 
all  that  he  had  lost  together  with  the  Patent  for  the  said  Land,  That  he 
has  continued  ever  since  to  pay  the  Quit  Rents  to  the  Lords  Proprietors 
Receiver,  as  also  His  Majesty's  Receiver  General  since  His  Majesty's 
Purchase  of  the  soil  at  six  Pence  Quit  Rents  being  the  Rent  Mentioned 
ill  his  Patent  as  appears  by  all  the  Receipts  now  produced  to  the  Board, 
Praying  to  be  relieved  in  the  Premises.  This  Board  on  Examining  the 
Several  Receipts  both  of  the  late  Lords  Proprietors  Receiver,  as  also  of 
His  Majestys  Receiver  General  for  the  Quit  Rents  of  the  said  Land. 
And  it  also  appearing  that  the  allegations  set  forth  in  the  said  Petition 
were  true 

It  is  thereupon  Ordered  in  Council  that  the  said  Land  be  Enrolled  in 
the  Auditors  Office  at  the  Quit  Rent  of  six  Pence  '^100  Acres  agreeable 
to  the  Quit  Rent  assertained  iu  the  said  Forteskues  old  Grant  and  his 
Receipts  now  produced  to  this  Board. 

Read  this  day  at  the  Board  the  Petition  of  Abraham  Duncan,  Shew- 
ing That  he  obtained  an  Order  from  this  Board  in  April  last  for  resur- 
veying  two  old  Patents  that  the  surveyor  in  running  the  Lines  of  One 
of  the  said  Patents  for  700  Acres  Granted  to  William  Barrow  Esq"  and 
in  the  year  1705  find  a  mistake  in  the  first  Course  of  the  said  Patent 
which  he  demonstrates  by  the  Resurvey  thereof  now  before  the  Board 
the  first  Course  mentioned  iu  said  Patent  being  E'  Northerly  78°  354 


802  COLONIAL  RECORDS. 


Pole  by  which  Course  the  Line  goes  into  Bath  Town  Creek  and  leaves 
no  Land  for  him,  but  that  instead  thereof  it  ought  to  be  N°  78  E'  354 
Pole  by  which  the  Surveyor  on  running  that  Course  finds  all  the  other 
Courses  of  the  Patent  to  answer.  Praying  the  said  Course  to  be  altered 
in  the  old  Patent  agreeable  to  the  said  Resurvey  in  the  name  of  William 
Barrow  Esq"'  for  seven  hundred  Acres  of  Land 

Ordered  that  the  said  Duncans  Patent  be  in  manner  following  (that  is  to 
say)  the  first  Course  of  tlie  Patent  to  be  N  70  d  :  E'  354  Pole  now  altered 
at  the  Board  which  was  accordingly  done  and  that  the  Sectary  make  the 
Record  of  the  said  Patent  agreeable  thereto 

Ordered  that  the  Surveyor  General  cause  a  Resurve}'  to  he  made  of 
Riciiard  Birds  Land  in  Craven  County  on  the  N  side  of  Nuse  River  on 
the  E'  side  of  falling  Creek,  agreeable  to  the  Warrant  formerly  granted 
to  the  said  Richard  Bird  for  the  same  and  a  Return  tliereof  to  make  to 
this  Board  at  their  next  Sitting 

Ordered  That  a  Resurvey  be  made  of  John  Worsleys  Land,  And 
That  the  Surveyor  distinguish  in  his  Plat  the  Surplus  Land  belonging 
to  each  of  the  Parties  Viz'  W^orsley,  Brickie,  Duncan,  and  Barrow  and 
that  a  Return  thereof  be  made  to  this  Board  next  sitting. 

Read  the  Petition  of  William  Farris  setting  forth  that  he  obtained  a 
Warrant  for  six  hundred  and  Forty  Acres  of  Land  on  Panter  Swamp 
in  New  Hanover  County  which  Warrant  was  returned  by  Joiin  Wil- 
liams a  Deputy  Surveyor  who  at  the  same  time  returned  a  Piatt  as  he 
apprehended  of  the  Land  and  a  patent  was  made  out  agreeable  to  the 
Return  but  that  the  Petitioner  had  often  Endeavoured  to  find  tiie  said 
Land  but  no  such  Land  could  be  found  and  believe  that  the  said  Wil- 
liams returned  the  said  Piatt  only  to  amuse  and  deceive  the  Petitioner 
Praying  to  be  discharged  from  said  Patent 

Ordered  that  the  Auditor  strike  out  of  the  Rent  Roll  the  said  Patent 
there  appearing  to  be  no  such  Land 

Read  the  Petition  of  James  Bennett  a  Chowan  Indian  complaining  of 
one  Henry  Hills  having  obtained  a  Deed  of  Sale  for  some  of  the  Chowan 
Indian  Land  from  some  Indians  who  had  no  Right  to  sell  the  same. 

Ordered  that  Henry  Hill  be  snaimoned  to  attend  this  Board  at  their 
their  next    Sitting,  And    that  Thomas  Hoyster  and    John    Robin   the 
two  Indians  who  sold  the  Land  to  the  said  Hill  to  [be]  summoned  to 
attend  at  the  same  time 
North  Carolina 

At  a  Council  held  at  Bath  Town  15'"  March  1745.  [1746] 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov  &c. 

Eleazer  Allen  Edward  Moseley~j     Esq"  Members 

The  HonobIeK  Matiiew  Rowan       Roger  Moore         >  of  His 

William  Forbes  j  Majesty's  Council 


COLONIAL  RECORDS.  803 


Ordered  that  the  Commissioners  now  appointed  for  running  the  Di- 
vision Line  between  His  Majesty  and  Lord  Granville  be  allowed  the 
same  Wages  for  themselves,  Surveyors  and  Servants  that  was  Ordered 
to  be  allowed  them  by  this  Board  on  the  18*  of  Nov.  1743.  And  that 
the  same  be  paid  out  of  the  Quit  Rents,  pursuant  to  His  Majesty's  In- 
structions to  His  Excellency  the  Governor  for  that  Purpose. 

Read  the  following  Petitions  for  Warrants  Viz' 

William  Williams  300  Onslow,  Anthony  Lewis  640  D°,  William 
Driggers  200  Craven,  George  Norriss  200  D°,  John  Beverly  100  D", 
John  Hamer  100  Bladen,  Henry  Garret  100  Craven,  Nicolas  Smith  200 
Bladen,  James  Bentley  200  D°,  D°  D"  400  D°,  Nicolas  Smith  400  D°, 
William  Phillips  300  Bladen,  William  Phillips  200  D°,  William 
Blewett  200  D",  Tliomas  Larrimoor  400  Craven,  Jeremiah  Ram  200  D". 
Granted 

Read  the  following  Petitions  for  Patents  Viz' 

Samuel  Johnson  640  Onslow,  John  Bryan  100  Craven,  Catharine 
Hanniss  463  D°,  Robert  Parks  450  D°,  D°  D"  500  Bladen,  David  Miles 
300  D",  John  Smith  Jun'  100  Hyde,  David  Miles  300  Bladen,  John 
Walliss  150  Beaufort,  John  Walliss  100  D°.     Granted 


At  a  Council  held  at  Newborn  16"'  June  1746 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c. 
Ti     w       1 1    /  Mathew  Rowan     Roger  Moore  1  Esq"  Members  of  His 
ilie  Monobk'!  ^^^,._^^^  Moseley  Will"  Forbes  /     Majestys  Counci 

Read  the  following  Petitions  for  Land,  Viz' 

Benjamin  Mason  125  Hyde,  John  Easter  100  D°,  John  Benson  40  Cra- 
ven, John  Kcmsey  100  Onslow,  Thomas  Norwood  200  Craven,  Valent 
Wallace  Sen'  150  Carteret,  Henry  Smith  Sen'  300  D",  James  Hasell  Jun 
200  New  Hanover,  Joseph  Morgan  Sen'  200  Onslow,  John  Becton  100 
Craven,  Edward  Outlaw  200  New  Hanover,  John  Rouse  200  Craven 
Francis  Holton  200  Bladen,  Alex'  M=Allester  200  D°,  Henry  Bradley' 
100  New  Hanover,  David  Smith  500  Bladen.     Granted 

North  Cakoi.ina 

At  a  Council  held  at  Newborn  18""  Juno  1746 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c. 
*  T'k    XT       ki    /  Mathew  Rowan     Roger  Moore  "I  Esq"  Members  of  His 

^^^^"""^^■^l  Edward  Moseley  Will""   Forbes/    Majesty's  Council 

Read  the  following  Petitions  for  Land  Viz' 

Daniel  Simmons  200  Craven,  John  Taylor  100  D",  Joseph  Kemp  100 
N.  Hanover,  Conred  Whitman  200  D",  William  Gray  300  Craven,  John 


804  COLONIAL  RECORDS. 


Smith  500  Beaufort,  John  Herring  200  Craven,  D°  D°  200  D",  Joseph 
Dukes  100  New  Hanover,  John  Dudley,  300  Onslow,  John  Davis  400 
New  Hanover,  Jacob  Hanshaw  200  D°,  William  Grassett  100  D°,  Wil- 
liam Frazier  100  Carteret,  John  Speir  100  Craven,  Edward  Ward  Sen" 
200  Onslow,  John  Moore  100  Craven,  Gresham  Wiggins  300  D",  John 
Fitzjarrold  150  D°,  Morrice  Walker  200  D",  D°  D"  200  D",  Martin  Ben- 
der 640  D°.     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

Adam  Moore  200  Craven,  John  Howard  300  Onslow,  Edward  Wil- 
liams 180  Craven,  James  Gumley  320  D°,  Abraham  Dunean  350  Beau- 
fort, Samuel  Goodman  400  Bladen,  D"  D°  300  D°.     Granted. 

Read  the  Petition  of  Samuel  Goodman  shewing  that  in  April  1745, 
There  was  a  Petition  Exhibited  before  the  Honourable  Board  setting 
forth  that  he  had  often  acted  contrary  to  Justice  and  Equity  in  the  Office 
of  a  Justice  of  the  Peace,  Praying  that  the  said  Petitions  Exhibited  by 
John  Clark  of  P.  D.  against  him  may  be  read  in  Council,  and  that  he 
may  be  admitted  to  appear  and  Justify  himself  from  such  calumny. 

Ordered  that  the  said  John  Clark  do  attend  at  the  next  Council  to 
answer  this  Petition. 


At  a  Council  held  at  New  Bern  2P'  June  1746 

Present  His  Excellency  Gabriel  Johnston,  Esq"^  Gov.  &c 

(Eleazer  Allen      Edw*  Moseley")     Esq"  Members 
The  Honoble^^  Mathew  Rowan  Will""  Forbes    V  of  His 

(  Roger  Moore  j  Majesty's  Council 

Read  the  following  Petitions  for  Warrants  Viz' 

Thomas  Jerman  200  Craven,  Joseph  Howell  100  D°,  William  Dupee 
300  D°,  William  Mills  100  New  Hanover,  James  Burns  150  Bladen, 
James  Williams  100  Craven,  Nathaniel  Smith  300  Carteret.     Granted 

Read  the  following  Petitions  for  Patents  Viz' 

James  Marshall  200  Craven,  John  Williams  120  D°,  Benjamin  Wil- 
liams 1.30  Craven,  John  Williams  400  New  Hanover,  William  Kemp 
640  Bladen,  John  Francis  300  D°,  John  Kornbeck  400  D",  William 
M'Coy  300  D",  Edward  Stevens  200  B",  John  Becton  200  D",  Arch" 
Buy  200  D°,  John  Becton  200  D",  John  Callehan  400  D",  Anthony 
Coxks  400  New  Hanover,  Walter  Lane  270  Craven,  Anthony  Cox  180 
D",  Thomas  Walker  170  D°,  David  Evans  300  New  Hanover,  Joseph 
Bryan  1 75  Craven,  William  Bush  300  D°,  James  Burns  200  Bladen, 
Robert  Fellows  50  Craven,  John  Red  150  Bladen,  Stephen  Hollings- 
worth,  600  New  Hanover,  Robert  Cortney  150  Onslow,  John  Ashe  640 
New  Hanover,  John  Williams  100  D°,  John  Clark  195  Bladen,  D°  D" 
640  D°,  D°  D°  270  D°,  D°  D"  810  D°.     Granted 


COLONIAL  RECORDS.  805 


Read  tlie  Petition  of  Moses  Tillman. 

Ordered,  That  the  same  be  delayed  'till  the  Return  of  the  Resurvey 
granted  to  Peter  Privet  last  Court,  And  that  in  Case  the  said  Privets 
Resurvey  is  not  Returned  at  the  next  Court,  That  then  the  said  Tillmans 
Petition  be  Granted. 

Upon  a  Caveat  Entered  by  Arthur  Johnson  against  James  Mac- 
leweans  Obtaining  Letters  of  Administration  on  the  Estate  of  Simon 
Lucas  Gent  deced,  and  on  hearing  the  Arguments  on  both  sides.  It  is 
ordered  that  Administration  bo  Granted  to  the  said  Macklewean. 


At  a  Council  held  at  Newbern  2(5"'  June  1746 

Present  His  Excellency  Gabriel  -Johnston  Esq''  Gov'  &c 

{Nathaniel  Rice      Edward  Moseley ^     Esq"  Members 
Eleazer  Allen        Roger  Moore         >  of  His 

Mathew  Rowan     William  Forbes   j  Majesty's  Council 

Read  the  following  Petitions  for  Warrants  Viz' 

Joseph  Williams  400  Currituck,  Samuel  Johnston  400  Onslow,  Wil- 
liam Salter  200  Carteret,  John  Chitheral  150  D",  Francis  Rowan  1,500 
New  Hanover.     Granted. 

Read  the  following  Petitions  for  Patents  Viz' 

Peter  Baston  100  Carteret,  John  &  Sam'  Field  550  Onslow,  John 
Mills  150  Craven,  Richard  Cox  150  D°,  Dennis  M^Clenden  300  D°, 
John  Wynns  400  D°,  John  Roberts  100  Craven,  D"  D"  200  D",  Thomas 
Baidvs  770  D",  Joseph  Balch  448  D°,  Anthony  D'Bois  400  New  Han- 
over, James  Juuis  640  D°,  John  Rawlins  200  Craven,  Thomas  Greenwood 
200  New  Hanover,  Nathaniel  Everet  300  Onslow,  D"  B"  300  D°,  John 
M«Coy  300  Bladen,  D°  D"  300  D",  Samuel  James  2-50  Onslow,  Thomas 
Armstrong  300  Bladen,  D°  D"  300  D",  George  Burgess  290  Craven, 
Luke  Whitfield  200  New  Hanover,  John  Gready  450  Bladen.    Granted. 

At  a  Council  held  at  New  Bern  27"'  June  1746 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c 

{Nathaniel  Rice     Edward  Moseley^    Esq"  Members 
Eleazer  Allen       Roger  Moore         >  of  His 

Mathew  Rowan    William  Forbes  J  Majestys  Council 
Read  the  following  Petitions  for  Warrants  Viz' 
Robert  Lee  200  Craven,  Bennet  Blackman  200  D"     Granted 
Read  the  following  Petitions  for  Patents  Viz' 

Jacob  Taylor  140  Craven,  Nicholas  Routledge  400  D°,  Mathew  Ray- 
ford  640  D°,  Jonathan  Taylor  600  New  Hanover,  Thomas  Mercer  200 
Craven     Granted 

Upon  the  Petition  of  Francis  Beter  the  Executor  (in  Right  of  his 
Wife  Eliz')  of  Thomas  Pitson  deced 


806  COLONIAL  RECORDS. 


Shewing  That  the  Church  Wardens  and  Vestry  of  Christ  Church  in 
Craven  County  obtained  a  Ne  Exeat  against  him  by  which  he  hath  been 
confined  in  New-Bern  Goal  since  the  T*  of  Feb"^  last  and  who  at  the 
same  time  filed  a  Bill  in  Chancery  against  him  and  others  for  a  certain 
Legacy  left  to  the  Poor  of  the  said  Parish  by  a  Pretended  Will  called 
the  last  Will  and  Testament  of  the  said  Thomas  Pitson  deeed  And  as 
he  can  shew  the  said  Pretended  Will  to  be  unlawfull  and  not  the  last 
Will  and  Testament  of  the  said  Thomas  Pitson  when  required,  Praying 
to  be  relieved  in  the  Premises 

Whereupon  His  Excellency  the  Governor  on  hearing  the  Council  for 
the  Petition,  and  also  for  tlio  Pai'ish  was  Pleased  to  dissolve  the  said  Ne 
Exeat 

Read  the  Petition  of  Nathan  Smith,  Praying  for  a  Resurvey  of  some 
Lands  lying  in  Craven  County  which  he  purchased  of  the  Heirs  of 
Charles  Glover  deced,  the  said  Sinitii  appreliending  that  there  is  a  greater 
Quantity  of  Land  within  the  Lines  of  Glovers  Patent  than  the  said 
Patent  mentions,  And  it  being  suggested  that  Arthur  Johnson  some  con- 
siderable Time  agoe  had  Petitioned  for  a  Resurvey  of  the  said  Glovers 
Land  but  that  lie  could  not  find  the  Courses  of  the  said  Glovers  Land  in 
the  Secretarys  Office 

Whereupon  His  Excellency  was  pleased  to  Order  that  the  said  Smiths 
Petition  be  delayed  'till  the  next  Court  of  Claitns  and  Johnson  do  then 
make  return  of  his  Resurvey. 

Read  the  following  Petitions  for  Patents  Viz' 

Benjamin  Sanderson  150  Craven,  D°  D°  150  D".     Granted 


At  a  Council  held  at  New  Bern  28*  June  174(3 

Present  His  Excellency  Gabriel  Johnston  Esq'  Gov.  &c 

(  Nathaniel  Rice       Edward  Mo.seley ")      Esq"  Members 
The  Honoble<  Eleazer  Allen  Roger  Moore         >  of  His 

(^  Mathew  Rowan      William  Forbes  j  Majesty's  Council 

Read  the  following  Petitions  for  Land  Viz' 

Ric;liard  James  150  New  Hanover,  Benjamin  Fuzzcll  150  D".  Granted 

Read  the  petition  of  John  Fitzjarrald 

Shewing,  That  Richard  Bass  by  the  Kings  Patent  is  pos.sessed  of  a 
Tract  of  Land  containing  400  Acres  on  the  North  side  of  Neuse  river 
and  conceiving  that  the  said  Bass  holds  a  considerable  Quantity  of 
Land  more  than  the  said  Patent  mentions,  Therefore  |)rays  a  Resurvey 
thereon  which  is  Granted 

Read  the  Petition  of  Moses  Reed  in  behalf  of  the  Orphans  of  Henry 
West  deced. 


COLONIAL  RECORDS.  807 


Sliewing  Tliat  the  said  West  in  liis  Life  time  tool?  up  and  patented 
()40  Acres  of  Land  in  Edgecombe  County  on  the  Nortii  side  of  Fishing 
Creek,  but  having  just  reason  to  believe  tiiat  there  is  not  near  tiiat  Quan- 
tity of  Land  within  the  Lines  of  the  said  Patent  Praying  a  Rcsurvey 
thereon  which  is  Granted. 

Read  the  Petition  of  Magdaline  Hamilton  for  a  patent  for  640  Acres 
of  Land  in  New  Hanover  County     tlie  same  is  Granted. 

Whereas  an  Order  of  Council  was  made  iu  the  Month  of  March 
173|-  Importing  that  whereas  by  a  former  Settlement  for  the  distri- 
bution of  the  £200  Proclamation  Money  allowed  by  His  Majesty  for 
the  holding  two  Courts  of  Oyer  and  Terminer,  the  provost  Marshall 
was  to  receive  the  sum  of  £60  for  his  attendance  on  the  said  Courts, 
And  whereas  sometimes  after  the  said  settlement,  the  said  Office  of  Pro- 
vost Marshall  was  abolished,  and  Sheriff  instituted  in  his  stead 

His  Excellency  by  and  with  the  advice  and  consent  of  His  Majestys 
Council  thought  proper  to  make  the  following  alteration  in  the  said  Es- 
tablishment Viz'  That  only  Thirty  Three  Pounds  six  shillings  of  the 
said  Two  hundred  be  hereafter  paid  to  the  Sheriff  now  in  the  Place  of 
the  Provost  Marshall,  Viz'  the  two  Sheriffs  of  Chowan  and  New  Han- 
over, And  that  the  residue  of  the  said  Sixty  Pounds  Proclamation  '^ 
Annum  Viz'  Twenty  six  Pounds  thirty  shillings  and  four  pence  "i^ 
annum  be  paid  td  the  four  Senior  Councellors  for  holding  Courts  of 
Oyer  and  Terminer  at  AVihnington  who  were  at  the  same  time  appointed 
to  hold  the  said  Courts 

And  the  Secretary  acquainting  this  Board  that  the  said  Order  for  want 
of  the  Record  Book  to  enter  the  same  in  due  time  and  place  was  lost  in 
Carrying  from  one  place  to  another  or  mislaid  so  that  it  could  never  be 
found  to  be  entered  in  the  Council  Journal 

Resolved  that  the  foregoing  Recital  contain  the  matter  of  the  said 
Order  of  Council  so  lost  or  mislaid,  and  that  notwithstanding  such 
Omission  or  non-entry,  the  said  Order  do  stand  and  have  its  Effects  with 
regard  to  the  said  Councellors  who  are  or  shall  be  entituled  to  receive 
such  Part  of  the  said  £60  as  aforesaid  from  the  time  aforesaid,  and  that 
they  continue  to  receive  the  same. 

Mathew  Rowan,  William  Forbes  and  George  Gould  Esq"  Three  of 
the  Commissioners  appointed  by  Governor  in  behalf  of  His  Majesty 
for  Continuing  the  Line  Ordered  to  be  run  by  His  Majesty  between  him 
and  the  Earl  of  Granville  in  conjunction  with  those  appointed  by  the 
said  Earl  of  Granville  One  full  and  entire  Eight  part  of  the  Province 
of  Carolina  now  Exhibited  their  Several  Accounts  of  Expenees  in  this 
Service  which  were  as  follows  Viz' 


808 


COLONIAL  RECORDS. 


North  Carolina — Bath  Town 

Disbursements  by  Mathew  Rowan  One  of  the  Commissioners  for  run- 
ning the  Line  between  His  Majesty  and  Lord  Granville. 

March  19* — To  J  part  of  Capt  Cotauches  Ace' 

To  1  part  of  Cass  Ace'  14  "     7  "  6 

20""     To  paid  at  Allegoods 

To  paid  Matthews  for  J  bus'  C'orn 
7"'     To  paid  for  taking  two  Horses 
10*     To  paid  Mr.  Benj"  Peyton  for  3  Ne-  \ 
^roes  and  3  Horses  each  J 

To    paid    Francis    Searle    28   days  for 
himself  and  Horse 


1746 
April 


43 

14 

1 

2 
84 

28 


10 


To  paid  Thomas  Mills  half  his  Wages 
To  paid  Peter  Parker  in  Sundries 
To  paid  Benjamin  Goodriok 
11*     To  paid  John  Smith 
12""     To  paid  Stephen  Hollingswoith  for  Corn 
To  my  own  allowance  for   myself  ser- 
vant Horses  and  Expenses  at  £1  :  10 
Ster  '^  day  and  for  going  and  return-  [ 
ing,  Beginning  the  3*  day  of  March  I 
being  46  days  in  the  whole  J 


£172  "   17 

12  " 
20  " 

3  " 

5  " 

1  " 


690 


6 


£903  "  17  "  6 
Err»  Ex"  MATHEW  ROWAN 

Newbern  June  27'"  1746. 
Bath  Town. 

An  Account  of  Disbursements  by  William  Forbes  One  of  the  Com- 
missioners for  running  the  Line  between  His  Majesty  and  Lord  Gran- 
ville 
To  cash  Paid  Capt  Cotauche  for  Sundries  for  the  Ex-  "I    ^  ^„  „   ^q 

pedition  J 

To  paid  John  Moy  for  his  Wages  on  D°  39  " 

To  paid  M"Calf  for  Sundries  on  D°  -  14  "     7  "  6 

To  my  Wages  47  Days  at  30'  Ster  f  day  in  N.  Caro- 
lina Curr^  amounts  to  705 


Err"  Ex"  f 
New  Bern  June  28'"  1746 


£801   "  17  "  6 
WILLIAM  FORBES. 


COLONIAL  RECORDS.  809 


Bath  Town 

Disbursenients  by  George  (jould   Esq'  One  of  the  Comniissioiiers  tor 
riming  the  Line  between  His  Majesty  and  Lord  Granville 
1745 

Sep'  23*  To  Bills  paid  Thomas  Todd  as  Chain  Bearer  £  7 
D"  to  William  Smith  another  Chain  Bearer  10 
D°  to  Joseph  Bnllorton  7 

-    D°  to  Peter  Yates  7 

To  Bills  for  Ferrys  &e  8 

Paid  Duncan  16  "   10 

To  canvas  for  Bags  and  hire  of  a  baggage 

Horse  10 

To  Bills  paid  Duite  for  the  Chain  Carriers  3 

To  7  Days  Wages  105 


£173  "  10 
Err'  Ex"  GEORGE  GOULD. 

North  Carolina — Bath  Town 

Disbursements  by  George  Gould   Esq''  One  of  the  Commissioners  for 
running  the  Line  between  His  Majesty  and  Lord  Granville 
174f 

March  8  To  Mr.  Duncans  Bill  for  .Jno  Gray  Dep.  Su'  £10  "     13  "     6 
To  Haiuiltons  Bill  4  "     12  " 

To  Buttertons   Bill,    Mr.   Duncans    &   Mr. 

Howcots  8  "       2  " 

To  William  Gray  Chain  Bearer  2  "       2  " 

To  Mr.  Congleton  £1,  17,  6  To  Mr.  Bonner 

£10  11  "     17  "     6 

To  Mr.  Nois  and  at  Guins  Ferry  7  "       5  " 

To  Mr.  Buck  £13  paid  ]Mr.  Ward  thro'  the 

swamp  3  1(3 

To  Mr.  Bonner  for  5  breakfasts  and  hire  of 

two  boys  2  "       0 

To  more  paid  to  Mr.  Buck  5 

To  paid  Guess  £1  &  D°  for  Corn  £2.  3 

To  paid  Mr.  Allen  my  part  of  Provision  at 

Bath 
To  Corn  and  Eggs 
To  John  Gray  for  Ozeiib  :   &c 
To  paid  John  Grays  Son 


57  " 

10 

2  " 

15 

2 

38 

810  COLONIAL  RECORDS. 


40 

;      31  " 

10 

630  " 

20 

4  " 

16 

1  " 

15 

20 

To  John  Butterton 

To  Mr.  Buck  for  two  Horses  and  a  Negroe 
To  my  own  Wages  42  days 
To  200  ft)  of  Bread  paid  for  to  Mr.  Boyd 
To  2  Tin  kettles  and  sauce  pans 
To  a  Gridiron 
'  To  Hire  of  a  Tent 

£919  "       1 
Err'  Ex''  GEORGE  GOULD. 

Jolin  Gray  one  of  the  Surveyors  on  the  Part  of  his  Majesty  Pro- 
ducing to  the  Board  a  Certificate  under  the  Plands  of  the  Commissioners 
of  the  Numbers  of  Days  he  was  in  the  Service  in  continuing  the  Di- 
viding Line  between  His  Majesty  and  Lord  Granville  whereby  it  ap- 
peared there  was  dire  to  him  for  his  said  Service  and  return  home,  the 
sum  of  £231.5. 

His  Excellency  the  Governour  was  thereupon  pleased  to  lay  the  same 
before  the  Board  for  their  Inspection,  and  the  Board  having  Examined 
the  Several  Articles  contained  in  their  respective  Accounts  find  the  same 
to  be  agreeable  to  the  Order  of  this  Board  for  settling  the  Wages  and 
Expences  of  the  Commissioners  and  Surveyors  on  this  Service  and  are 
therefore  of  Opinion  that  the  said  Accounts  are  Just  and  reasonable. 

Whereupon  His  Excellency  the  Governour  i^  Pursuance  of  His  Maj- 
estys  Royal  Order  and  Instruction  was  pleased  to  Order  a  Warrant  to  be 
drawn  directed  to  Eleazer  Allen  Esq'  His  Majestj'S  Receiver  General  of 
this  Province  to  be  signed  by  him  and  the  Council  for  paying  the  said 
Commissioners  the  sum  of  £302.19. li  Sterling  being  the  Amount  of 
their  Several  Accounts  now  delivered 

Edward  Moseley  Esq'  Produced  to  the  Board  a  Paper  Dated  at  Saxa- 
pahaw  River  the  10*  of  April  1746,  Signed  by  Eleazer  Allen,  Mathew 
Rowan,  William  Forbes  and  George  Gould  Esq"  Commissioners  for 
Tuning  and  continuing  the  Earl  of  Granvilles  Southern  Boundary  on, 
the  part  and  behalf  of  His  Majesty  and  by  himself  and  Roger  Moore 
Esq"  Commissioners  on  the  behalf  of  the  Earl  of  Granville  which  he 
desired  might  be  Entered  on  Record  in  the  Secretarys  Office  which  is 
accordingly  Ordered  And  is  as  follows,  Viz' 

North  Carolina — ss. 

We  the  under  written  Commissioners  appointed  by  his  Majestys  Au- 
thority and  the  Earle  of  Granvilles  to  run  and  continue  the  Earl  of 
Granvilles  Southern  Boundary  having  run  and   marked  the  same  from 


COLONIAL  RECORDS.  811 


the  West  side  of  Pamplico  River  to  tiie  West  side  of  Saxapahaw  River 
conimonlv  caiied  the  North  West  Branch  of  Cape  Fear  River  in  all  one 
hundred  and  three  miles  and  two  hundred  and  seventeen  Poles  Do  hereby 
consent  and  agree  to  run  and  continue  the  Earl  of  Granvilles  Southern 
boundary  from  the  said  Saxapahaw  River  to  the  Westward  and  to  begin 
the  same  iu  the  Month  of  September  ensuing  the  date  hereof  for  which 
Purpose  it  is  agreed  by  Us  That  the  Commissioners  on  the  part  of  His 
Majesty  and  the  Earle  of  Granville  are  to  meet  at  the  house  of  Peter 
Parker  on  Saxapahaw  River  the  Twenty  second  day  of  September  to 
continue  the  said  Liue  on  or  near  thereto  as  well  as  may  be  the  said 
Peter  Parker's  house  being  nearest  to  the  Place  where  we  have  now  left 
off,  the  season  of  Planting  not  Permitting  those  Employed  by  the  Com- 
missioners to  be  longer  out  in  the  Back  Country  at  the  time  of  the  year 
nor  is  the  same  practicable  to  be  continued  at  this  time  by  reason  of  the 
Poverty  of  the  Houses  by  Travelling  so  far  already  in  a  part  of  the 
Country  affording  little  or  no  herbage  at  this  Season  and  very  thinly 
Peopled  nor  can  we  be  supplyed  either  with  Corn  for  the  Horses  or  Pro- 
vision for  Ourselves  and  those  employed  by  us,  there  being  no  Inhabi- 
tants that  can  assist  us  to  the  Westward  of  Saxapahaw  River.  In  wit- 
ness whereof  we  have  this  day  Sett  our  Hands  at  Saxapahaw  river  this 
lO""  day  of  April  Anno  Dom.  1746 

EDWARD  MOSELEY         MATHEW  ROWAN 
ROGER  MOORE  WILLIAM  FORBES 

ELEAZER  ALLEN  GEORGE  GOULD 

His  Excellency  having  informed  the  Board  that  the  Attorney  General  in 
behalf  of  Henry  M°Culloh  Esq'  Commissioner  of  the  Quit  Rents  had  ap- 
plyed  to  him  for  a  Copy  of  Eleazer  Allen's  Esq'  his  Bond  and  Security  for 
the  faithfuU  Execution  of  his  Office  as  Receiver  General  of  this  Province 
and  having  demanded  their  Opinion  and  Advice,  the  Receiver  General  de- 
sired to  be  first  heard  before  the  same  should  be  given  or  any  resolution 
taken  thereupon  and  then  proceeded  to  acquaint  his  Excellency  and  the 
Council  that  the  said  Henry  M'Cullock  had  not  only  given  out  speeches  in- 
jurious to  his  Reputation  with  regard  to  the  Discharge  of  the  said  Office  but 
had  some  time  since  writ  him  a  Letter  wherein  he  charges  him  with  defraud- 
ing His  Majesty  in  his  Accounts  which  as  the  said  Ace"  were  proved  be- 
fore His  Excellency  upon  Oath  was  indirectly  and  consetpiently  accusing 
him  of  Perjury.  And  at  the  same  time  observed  that  tho  upon  the  like 
Complaint  in  a  Memorial  by  him  Exhibited  to  this  Board  in  April  1745 
the  said  Henry  M°Culloh  was  cited  to  appear  before  His  Excellency  and 
the  Council  at  their  next  Meeting  to  make  good  his  charge  or  shew  cause 
if  any  he  had  for  Writing  the  aforesaid  Letter  or  speaking  as  aforesaid 


812  COLONIAL  EECORDS. 


he  had  hitherto  failed  in  such  appearance  nor  had  ever  offered  any  thing 
either  by  word  or  Writing  in  Support  of  such  liis  Allegations  or  Insinua- 
tions, And  Therefore  Prayed  that  the  said  Henry  M'Cullock  might  be 
Summoned  again  to  appear  before  this  Board  to  Shew  cause  as  aforesaid 
so  that  he  the  said  Eleazer  Allen  might  have  an  oppcrtunity  to  Vindicate 
his  Character,  and  that  'till  then  the  said  Bond  might  not  be  delivered  to 
the  Attorney  General  which  would  Subject  him  to  a  vexatious  Prosecu- 
tion for  which  he  was  ready  to  make  appear  there  was  not  the  least  foun- 
dation. 

Then  His  Excellency  was  Pleased  to  j^ut  the  following  Queries  to  the 
Attorney  General 

First.  Did  you  not  apply  to  me  for  a  Copy  of  Mr  Alleus  Bond  and 
Security  as  aforesaid 

Answer — That  he  did,  but  added  twas  the  Original  Bond  he  wanted 

Secondly.  Did  you  apply  or  had  you  any  Orders  from  Mr  M'^Cullock 
to  Apply  to  the  Secretarys  Office  for  such  Cop)^  or  Original 

Answer — No;  but  was  Directed  to  apply  to  the  Governor. 

Thirdly.  With  what  Intent  or  to  what  Purpose  was  this  Bond 
demanded. 

Answer — To  put  in  Execution;  adding  that  in  the  Kings  Suite  the 
Original  Bond  ought  to  be  put  into  the  Hands  of  the  Attorney  General. 

Then  His  Excellency  was  pleased  to  ask  the  Opinion  of  the  Council 
who  having  considered  the  Nature  of  the  Demand  and  the  several 
Answers  of  the  Attorney  General  to  the  foregoing  Interrogatories,  came 
to  the  following  Resolutions,  Viz' 

First.  That  the  Attorney  General  could  not  regularly  apply  to  the 
Governor  for  the  said  Bond  or  Copy  unless  he  had  been  refused  the  same 
at  the  Secretarys  Office. 

Secondly.  That  it  does  not  appear  to  them  that  the  said  Henry 
M'Cullock  has  any  Right  to  demand  the  said  Bond  'till  he  has  shown 
whereon  his  Complaint  is  founded. 

Thirdly.  That  Prior  to  such  application  he  ought  to  have  Produced 
his  Commission  and  Instructions  if  any  such  he  has,  that  give  him  a 
Right  to  make  such  a  Demand,  antecedently  to  the  taking  the  said  Pre- 
Arious  Steps 

Fourthly.  That  the  Governor  is  not  obliged  to  give  any  Order  for 
Prosecuting  of  the  said  Receiver  General  or  Delivery  of  the  said  Bond 
till  Mr.  M°Cullock  has  appeared  before  this  Board  to  Justify  his  com- 
plaint. 

Fifthly.  That  after  that,  and  upon  a  Suite  commenced,  the  Attorney 
General  might  have  a  Copy  of  the  said  Bond  from  the  Secretarys  Office 


COLONIAL  RECORDS.  813 


and  wheu  tlie  same  is  at  Issue  upon  a  Precept  from  the  Court,  the 
Original. 

Then  the  Board  was  Pleased  to  Order  that  the  said  Henry  M'Cullock 
do  lay  his  Commission  before  the  Board,  or  an  Attested  Copy  thereof  at 
their  next  meeting ;  as  also  his  instructions,  if  any  such  he  has  whereon 
to  found  a  Pretension  of  this  extraordinary  Nature,  And  that  he  fail  not 
then  to  appear  to  give  in  his  Answer  to  the  aforesaid  Memorial  and 
Representation  of  the  Receiver  General,  And  that  he  be  summoned 
accordingly 

His  Excellency  the  Governor  was  pleased  to  order  a  Dedimus  to  issue 
directed  to  the  Chairman  and  the  rest  of  the  Justices  of  New  Hanover 
County  to  Administer  the  Oaths  of  Government  (as  also  the  Oath  of  a 
Justice  of  the  Peace)  to  William  Dry  and  Gen'  hereby  appointed  Jus- 
tices of  the  Peace  for  and  within  the  said  County  of  New  Hanover. 

His  Excellency  the  Gov.  by  and  with  the  Advice  and  Consent  of  His 
Majestys  Council  was  pleased  to  Order  a  New  Commission  of  the  Peace 
to  issue  for  Edgecombe  County,  Constituting  and  appointing  William 
Cathcart,  David  Coltrane,  John  Hardy,  Joseph  John  Alston,  James 
Speir,  Samuel  Williams,  Thomas  Hearny,  Joseph  Howell,  John  Hay- 
wood, William  Taylor  of  Conoconaro,  William  Kinchen,  James  Conner, 
William  Taylor  near  Zehukee,  John  Lane,  John  Pope,  William  West 
and  AquilJa  Suggs  Esq"  Justices  of  the  Peace  for  and  within  the  said 
County 

His  Excellency  the  Governor  was  pleased  also  by  and  with  the  Advice 
and  consent  of  His  Majesty's  County  [Council]  to  Order  a  Commission 
of  the  Peace  to  issue  for  Granville  County  constituting  and  Appointing 
William  Eaton,  William  Persons,  James  Mitchell,  James  Payne,  John 
Martin  and  Robert  Parker  Esq"  .Justices  of  the  Peace  for  and  within 
the  said  County. 

His  Excellency  the  Governor  was  also  pleased  by  and  with  the  advice 
and  Consent  of  his  Majestys  Council  to  Order  a  Commission  of  the  Peace 
to  issue  for  Pasquotank  County  constituting  and  appointing  Thomas 
Pendleton,  Charles  Sawyer,  Cornelius  Relf,  David  George,  William  Bur- 
gess, John  Scarbrough,  Benjamin  Burnham,  Robert  Munden,  Thomas 
Relf,  Benjamin  Simons,  Robert  Lawrey,  Joseph  Bailey  Esq"  Justices  of 
the  Peace  for  the  said  County 

A  new  Commission  of  the  Peace  was  Ordered  by  His  Excellency  the 
Governor  (by  and  with  the  advice  and  consent  of  His  Majestvs  Council) 
to  issue  for  Hyde  County  constituting  and  appointing  Joseph  Tart  John 
Smith  Sen'  Richard  Laremount,  John  Smith  Jun"^  Benjamin  Martin  John 
Harvey,   Nathaniel   P]lom,  John  Smith   Cooper,  Aaron  Tyson,  Henry 


814  COLONIAL  RECORDS. 


Gibbs  Sen''  John  Slade  Sen'  Foster  Jarvis,  Henry  Gibbs  Jnn''  George 
Turner  Esq"  Justices  of  the  Peace  for  and  within  the  said  County 

Ordered  That  a  Dedimus  issue  directed  to  the  Chairman  of  the  County 
Court  of  Chowan  to  Qualify  Henry  Baker,  John  Sumner,  Demsey  Sum- 
ner and  William  Hunter  Gen'  hereby  appointed  Justices  of  the  Peace 
for  and  within  the  said  County  of  Chowan. 

Ordered  that  a  New  Commission  of  the  Peace  issue  for  Craven  County 
constituting  and  appointing  Samuel  Johnston  .Justices  of 

the  Peace  for  and  within  the  said  County 

Ordered  that  a  New  Commission  of  the  Peace  issue  for  Johnston 
County  (constituting  and  appointing  Francis  Sliniger,  John  Becton, 
Simon  Bright,  John  Irms,  Abraham  Boyd,  John  Smith,  Samuel  Smith, 
John  Kerring  Sen',  Gilbert  Kerr,  John  Monk,  Robert  Butler,  John 
West  and  .James  Mackiewain  .Justices  of  the  Peace  for  and  within  the 
said  County. 

Read  the  Memorial  of  Capt  .John  Benburry  charging  William  Luton 
late  Sheriff  of  Chowan  and  now  a  Justice  of  the  Peace  for  the  said 
County  with  divers  abuses  and  Malversations  in  both  the  said  Offices  as 
well  as  in  the  Administration  of  the  Estate  of  Kender  Luton  deceased. 

Ordered  that  the  Chief  Justice  be  directed  to  enquii-e  into  the  Merrits 
of  the  Complaint  and  to  examine  Witnesses  upon  the  Several  Alligations 
of  the  said  Memorial  and  to  make  report  to  His  Excellency  the  Govern- 
our  of  the  Effect  of  his  said  Inquisition  and  Examination  and  that  a 
copy  of  the  said  Memorial  be  transmitted  to  the  Chief  Justice  together 
with  this  order  thereupon. 


[B.  P.  R.  O.  B.  T.  Vol.  28.] 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  New-Bern  the  Twelfth  day  of 
June  in  the  Twentieth  Year  of  the  Reign  of  Our  Sovereign  Lord  George 
the  Second  by  the  Grace  of  God  of  Great  Britain,  France  &  Ireland 
KJng  {&  so  forth)  And  in  the  Year  of  Our  Lord  One  Thousand  seven 
Hundred  and  Forty  six  being  the  first  Session  of  this  Present  Aissembly. 

Pursuant  to  the  several  Writts  for  Electing  Members,  Representatives 
for  the  .several  Counties  and  Towns  within  this  Province  to  serve  in  this 
Present  Assembly.  The  following  Persons  were  returned.  Viz' 

Chowan — Mr.  Peter  Payne,  Mr.  Josepii  Blount,  Mr.  Joseph  Ander- 
son, Mr.  John  Benburv 


COLONIAL  RECORDS.  815 


Pasquotank  County — Mr.  Julius  Cajsar  Park 

Currituck  County — Mr.,  Caleb  Wilson,  Mr.  Henry  White,  Mr.  Thoma.s 
Lovvther,  Mr.  William  Shergoold 

Edgcorab  County — Mr.  John  Haywood,  Mr.  Joseph  Howell 

Onslow  County — Mr.  Samuel  Swann,  Mr.  John  Starkey 

New  Hanover  County — Mr.  Samuel  Swann 

Bertie  County — Mr.  John  Wynns. 

Tyrell  County — Mr.  Steven  Lee,  Mr.  William  Maccay,  Mr.  Samuel 
Spruell,  Mr.  Edward  Phelps,  Mr.  James  Blount 

Beaufort  County — Mr.  John  Barrow 

Craven  County — Mr.  James  Macklewean,  Mr.  Francis  Stringer 

Carteret  County — Mr.  Tliomas  Lovick,  Mr.  Arthur  Mabson        ' 

New-Bern — Mr.  Thomas  Pearson 

Edenton — Mr.  James  Craven 

Wilmington — Mr.  Thomas  Clark. 

Who  took  the  Oaths  by  Law  appointed  for  their  Qualification  sub- 
scribed the  Test  and  took  their  Seats  in  the  House. 

His  Excellency  the  Governor  sent  a  Message  to  this  House  Com- 
manding their  Attendance  in  the  Council  Chamber. 

The  House  in  a  full  body  waited  on  His  Excellency  in  the  Council 
Chamber  when  His  Excellency  was  pleased  to  command  them  to  return 
and  make  choice  of  a  Speaker. 

The  House  being  returned  Mr.  John  Starkey  moved  that  as  Mr. 
Samuel  Swann  had  been  Speaker  heretofore  and  no  objection  lay  against 
his  behaviour  in  that  Station  he  may  be  chosen  Speaker,  which  pass'd, 
Nem  Contradicente. 

The  House  returned  to  His  Excellency  in  the  Council  Chamber  and 
presented  Mr.  Samuel  Swann  for  Speaker  of  this  House  for  His  Excel- 
lency's approbation  who  was  pleased  to  approve  of  their  choice,  &  made 
the  following  Speech.  Viz' 

Gen'  of  His  Majesty's  Council,  Mr.  Speaker  &  Gen'  of  the 

House  of  Burgesses 

It  is  with  the  greatest  pleasure  that  I  can  intbrm  you  now  at  your 
first  meeting  that  His  Majesties  Victorious  Arms  have  got  the  better  of 
that  unnatural  rebellion  which  for  this  Eight  months  past  has  so  vio- 
lently disturbed  the  peace  of  our  Mother  Country  and  so  much  alarmed 
all  the  friends  of  our  happy  Constitution  in  Church  &  State.  It  will 
no  doubt  be  a  mighty  satisfaction  to  you  that  all  those  desperate  attempts 
against  the  best  of  Kings  (who  has  always  made  the  Laws  of  the  Land 
the  rule  of  his  Government  and  who  has  always  discovered  a  most  ten- 


816  COLONIAL  RECORDS. 


der  and  paternal  care  for  the  liberties  and  interests  of  all  even  his 
remotest  Subjects)  are  now  disappointed  and  are  turned  to  the  Confusion 
of  his  and  our  Enemies. 

Mr.  Speaker,  It  has  been  the  cause  of,  great  grief  and  anxiety  to  me 
that  in  such  perilous  times  when  a  Foreign  and  Civil  War  are  raging  at 
the  same  time  that  this  Country  should  be  without  a  proper  Law  for 
regulating  the  Militia  by  which  we  are  rendered  incapable  of  assisting 
our  fellow  Subjects  or  defending  ourselves  if  we  should  be  invaded  by  a 
Cruel  and  merciless  Enemy.  There  are  many  other  misfortunes  which 
this  Country  labours  under  and  cannot  be  remedied  without  the  help  of 
the  Legislature.  I  have  often  repeated  them  to  former  Assemblys  but 
with  very  little  success,  I  have  no  delight  in  repeating  them.  You  are 
all  of  you  sufficiently  apprized  of  them. 

The  People  already  begin  to  feel  them  and  will  every  day  feel  them 
more  severely  if  not  speedily  redressed. 

I  shall  only  then  Gentlemen  assure  you,  and  I  do  it  witli  great  trutJi 
and  sincerity  that  I  shall  always  be  ready  cheerfully  to  concurr  \vith  you 
in  anything  which  tends  to  the  Publick  Emolument  and  the  greater  num- 
ber of  good  Laws  you  pass,  the  greater  pleasure  you  will  do  me. 

The  House  adjourned  till  4  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Wyriot  Orniond  member  for  Batii  Town,  Mr.  .John  Hodgson 
member  for  Chowan  County,  Mr.  Benjamin  Hill  &  Mr.  .James  Mac- 
Dowell  two  of  the  Members  for  Northampton  County,  Mr.  Luke  Sum- 
ner one  of  the  Members  for  Pequimons  County  appeared,  took  the  oaths 
by  Law  appointed  for  their  Qualification  subscribed  the  Test,  and  took 
their  seats  in  the  House. 

Mr.  John  Starkey  moved  that  a  Committee  be  appointed  for  examin- 
ing stating  and  settling  the  Publick  Accounts  of  tliis  Province,  and  the 
following  Persons  were  accordingly  appointed.  Viz' 

Mr.  John  Starkey,  Mr.  Joseph  Anderson,  Mr.  Benjamin  Hill,  Mr. 
James  Craven  &  Mr.  Peter  Payne. 

Mr.  John  Hodgson,  Mr.  John  Starkey,  &  Mr.  Wyriot  Ormond  were 
appointed  to  prepare  an  Address  in  answer  to  His  Excellency  the  Gov- 
ernor his  Speech,  and  that  when  prepared  they  lay  the  same  before  this 
House. 

Mr.  John  Hodgson  moved  that  the  following  I\M'sons  be  appointed  a 
Committee  for  Examining  and  allowing  Publick  Claims  Viz' 

Mr.  Thomas  Lovick,  Mr.  John  Dawson,  Mr.  John  Haywood,  Mr. 
Luke  Sumner  &  Mr.  Caleb  Wilson.  Who  were  accordingly  appointed. 


COLONIAL  RECORDS.  «17 


Mr.  John  H(7tlgson  moved  that  a  Comniittce  be  appointed  for  receiving 
propositions  and  grievances,  and  the  following  Persons  were  accordingly 
Appointed  Viz' 

Mr.  Wyriot  Ormond,  Mr.  Thomas  Clark,  Mr.  Thomas  Lowther,  Mr. 
John  Edwards,  Mr.  Stevens  Lee,  Mr.  Francis  Stringer,  Mr.  John  Ban- 
bury, Mr.  John  Starkey,  Mr.  Luke  Sumner,  Mr.  Arthur  Mabson,  Mr. 
Julius  Csesar  Park,  Mr.  John  Wynns  &  Mr.  Joseph  Howell. 

Mr.  Samuel  Swann  being  returned  Member  to  serve  for  the  County  of 
Onslow  and  also  for  the  County  of  New  Hanover  and  being  asked  V)y 
the  House  which  of  the  two  Counties  he  would  serve  for,  declared  he 
served  for  Onslow  County,  whereupon  Mr.  Thomas  Clark  moved  that 
His  Excellency  the  Governour  be  addressed  to  order  the  Clark  of  the 
Crown  to  issue  a  writt  for  electing  a  Member  to  serve  in  this  Assembly 
for  New  Hanover  County  in  the  room  of  Mr.  Samuel  Swann  who  has  as 
aforesaid  declared  for  Onslow  County. 

Resolved  His  Excellency  the  Governour  be  addressed  accordingly. 

Sent  the  following  Message  to  His  Excellency  the  Governour. 

May  it  pi.ease  your  Exceleexcy. 

Mr.  Samuel  Swann  being  returned  by  the  SheriiF  of  New  Hanover 
County,  and  also  by  the  Sheriff  of  Onslow  County  duely  elected  Member 
to  serve  in  this  Assembly  for  each  of  the  said  Counties,  and  has  declared 
to  this  House  that  he  serves  for  Onslow  County.  Whereupon  for  want 
of  a  member  the  said  County  of  New  Hanover  cannot  be  duly  Repre- 
sented. 

We  therefore  desire  your  Excellency  would  be  pleased  to  order  the 
Clerk  of  the  C'rown  to  issue  a  writt  for  Electing  a  Member  to  serve  for 
New  Hanover  County  in  the  room  of  Mr.  Samuel  Swann  who  has 
declined  serving  for  this  County  as  aforesaid. 

By  Order  SAMUEL  SWANN  Speaker 

June  12'"  1746. 

Sent  the  following  Message  to  the  Council  (that  is  to  say) 
Gent:  of  His  Majestys  Hon"°  Councii. 

We  have  appointed  Mr.  John  St;\rkey  Mr.  Joseph  Anderson,  Mr.  Ben- 
jamin Hill,  Mr.  James  Craven,  Mr.  Peter  Payne,  a  Committee  of  this 
House  on  the  Publick  Ace"  and  Mr.  Thomas  I^ovick,  Mr.  John  Da\\son, 
Mr.  John  Haywood  Mr.  Luke  Sumner  &  Mr.  Caleb  Wilson  a  Commit- 
tee of  this  House  for  allowing  Publick  Claims  to  joyn  such  Members 
of  your  House  as  your  Honours  shall  think  proper  for  that  purpose. 
By  Order  SAMUEL  SWANN  Speaker. 

June  12"' 1746. 

Vol.  4—101 


818  COLONIAL  RECOEDS. 


The  Huii.se  adjourned  till  to-morrow  8  o'clock 

Fryday,  13*  June  1746.     The  House  met  according  to  Adjournment. 

Mr.  Macrora  Scarborough,  Mr.  John  Harvey,  two  of  the  Members 
for  Pequimons  County,  Mr.  Benjamin  Peyton,  one  of  the  Members  for 
Beaufort  Count}-,  Mr.  Thomas  Pendleton  one  of  the  Members  for  Pas- 
quotank County  appeared  took  the  Oaths  by  Law  appointed  for  their 
Qualification,  subscribed  the  Test  and  took  tlieir  seats  in  the  House 

Mr.  Craven  moved  that  a  Committee  be  appointed  to  inspect  the 
Militia  Law  &  Report  what  Amendments  are  Required  therein. 

Ordered,  That  Mr.  James  Craven,  Mr.  Macrora  Scarborough,  Mr. 
Julius  CsBsar  Park,  Mr.  Peter  Payne,  Mr.  Wyriot  Ormond,  Mr.  Benja- 
min Hill,  do  inspect  the  said  Ijaw  and  report  ut  supra. 

Mr.  Craven  moves  for  leave  to  bring  in  a  Bill  to  direct  tiie  method  of 
Inspecting  the  several  C!omodities  of  this  Province. 

Ordered  to  have  leave  and  that  Mr.  Craven  ct  Mr.  Payne  do  prepare 
&  bring  in  the  same. 

The  House  adjorned  for  half  an  hour. 

The  House  met  according  to  Adjournment 

Mr.  John  Hodgson  from  the  Committee  appointed  to  prepare  an  Ad- 
dress to  His  Excellency  the  Governour  in  Answer  to  His  Excel^''  Speech. 
Reported  that  the  said  Committee  had  prepared  the  same  wJiich  he  read 
in  His  place. 

Ordered,  The  same  be  Engrossed. 

The  House  adjourned  till  .3  "Clock. 

P.  M.     Tiie  House  met  according  to  Adjonrnment. 

His  E.xcellency  the  Governour  sent  a  message  to  this  House  command- 
ing their  immediate  Attendance  in  the  Council  Chamber. 

The  House  in  a  full  body  waited  on  His  Excellency  the  Governour  in 
the  Council  Chamber  when  Mr.  Speaker  presented  His  Excellency  with 
the  following  Address.  Viz' 

North  Carolina — ss. 

To  His  Excellency  Gabriel  Johnston  Esq'"  Cap'  General  Governor  and 

Commander  in  Chief  in  and  over  the  said  Province. 
The  Humble  Address  of  the  General  Assembly  of  the  s''  Province. 
May  it  please  your  Excellency, 

It  is  with  the  greatest  pleasure  &  satisfaetion  we  receive  from  your 
Excellency  the  agreable  news  of  the  success  of  His  Majestys  Arms  and 
the  suppression  of  the  unnatural  Rebellion,  and  hope  His  arms  will  ever 


COLONIAL  RECORDS.  819 


prevail  acjainst  such  darinf;  attempts  ajrainst  His  Person  and  (iovcrn- 
ment  and  sndi  violent  disturbers  of  the  peace  &  Tran(piilitv  of  our 
Mother  Country. 

We  shall  take  care  to  supply  what  defects  may  be  in  our  Militia  Law 
so  as  to  render  us  capable  to  defend  ourselves  and  (as  far  as  the  Circum- 
stances of  our  Coustituants  will  admit)  assist  our  neighbours  in  case  of 
any  invasion. 

We  believe  this  House  in  former  Assemblys  had  the  Publick  good  at 
heart  and  endeavoured  to  remedy  the  misfortunes  &  ineonveniencies  this 
Country  laboured  under,  and  assure  your  Excellency  we  are  now  met 
with  the  same  views,  and  it  shall  be  our  study  and  care  (with  the  Con- 
currence of  the  other  branch  of  theI>egislature)to  pass  such  Laws  which 
may  promote  the  welfare  and  Interest  of  this  Province. 

The  pleasure  your  Excellency  expressed  in  your  Speech,  the  inaUing 
a  number  of  good  Laws  would  give  you,  and  your  ready  concurrence  in 
everything  which  may  tend  to  the  Publick  emolument  and  which  we 
have  no  reason  to  doubt  from  the  kind  assurance  you  have  given  us,  lays 
us  under  an  obligation  to  return  your  Excellency  our  sincere  thanks, 
and  will  incite  us  to  proceed  witli  alacrity  and  cheerfulness. 

13""  June  1746.  SAMUEL  SWANN  Speaker. 

Mr.  Craven  nio\'ed  that  a  Committee  be  appointed  to  prepare  and 
bring  in  a  Bill  to  settle  the  seat  of  Government  &  transacting  Publick 
Business  &  to  regulate  the  Practice  of  the  Courts  of  Justice. 

Ordered,  that  Mr.  James  Craven,  Mr.  John  Hodgson,  Mr.  Joseph 
Anderson,  Mr.  Wyriot  Ormond  Mr.  John  Haywood  do  prepare  and 
bring  in  the  same 

Mr.  Thomas  Lowther  moved  that  a  Committee  be  appointed  to  pre- 
pare and  bring  in  a  Bill  for  regulating  the  Fees  of  the  several  officers  in 
this  Province. 

Ordered,  that  Mr.  John  Starkey,  Mr.  John  Edwards,  &  Mr.  James 
iCraven  do  prepare  and  bring  in  the  same. 

The  House  adjourned  till  to  morrow  12  o'clock. 

Saturday  14""  June  1746.     The  House  met  according  to  adjourmucnt. 
The  House  adjourned  till  Monday  10  o'clock. 

Monday  16""  of  June  1746.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  John  Smith  one  of  the  Members  for  Hyde  County,  and  Mr. 
William  Bartram  one  of  the  Members  for  Bladen  County  appeared  took 
the  Oaths  by  Law  appointed  for  their  Qualification  subscribed  the  Test 
&  took  their  seats  in  tiie  House. 


820  COLONIAL  RECORDS. 


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

Tuesday  17"'  June  1746.     The  House  met  according  to  Adjournment. 

Read  the  Petition  of  the  Meherin  Indians,  setting  forth  the  hardships 
they  labour  under  by  reason  of  the  white  people  intruding  on  their  Pos- 
sessions and  also  that  the  Commissioners  appointed  by  an  Act  of  the 
General  Assembly  to  settle  the  said  Indians  in  the  quiet  possession  of 
their  possessions,  and  praying  relief  thereon. 

On  reading  of  which  said  Petition  Mr.  Benjamin  Hill  moved  for  leave 
to  bring  in  a  Bill  pursuant  to  a  prayer  of  the  s^  Petition. 

Ordered  that  he  have  leave  &  that  he  prepare  '&  bring  in  the  same. 

Mr.  Orniond  from  the  Committee  appointed  to  Inspect  the  Militia 
Law  Reported  the  said  Committee  had  inspected  the  said  Law  and  had 
made  remarks  on  the  several  Amendments  required  therein,  and  brought 
in  a  Bill' for  regulating  the  Militia  Law,  which   he  read   in   his  place. 

Ordered  the  same  pass. 

Sent  the  said  Bill  to  the  Council  by  Mr.  ^\'yriot  Ormond  &  Mr.  Ben- 
jamin Hill. 

Mr.  Benjamin  Hill  brought  in  a  Bill  for  the  more  quieting  the 
Meherin  Indians  in  tiieir  Possessions,  which  he  read  in  his  place. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Wyriot  Ormond  and  Mr.  Benja- 
min Hill.- 

Tlic  House  adjourned  till  8  (j'clock. 

I*.  M.     The  House  met  according  to  Adjournment. 

Read  the  Petition  of  Thomas  Giddins  of  Beaufort  County  Praying  to 
be  exempt  from  j)aying  Publick  Taxes.  A  certificate  appearing  from  the 
Court  of  the  County  of  ]5eaufort  of  his  inability  to  pay  such  taxes. 

The  prayer  of  the  said  Petition  Granted. 

His  Excellency  the  Governor  was  pleased  to  lay  before  this  House  the 
following  Letter  and  Abstracts  of  the  Minutes  of  the  Commiss"  of 
Indian  Affairs  in  New  York  etc  as  follows. 

New  York,  31"  March  1746. 
Sill, 

I  acquainted  you  the  27"'  January  last  that  Committees  of  both 
Houses  had  requested  me  to  appoint  Commissioners  to  treat  with  Com- 
missioners to  be  appointed  by  the  Neighbouring  Governments,  touching 
our  mutual  security  and  defence  during  the  present  war,  I  have  accord- 
ingly appointed  C'ommissioners  for  that  ])urpose  so  has  Governour  Shir- 
ley and  I  ho])e  the  like  steps  will  be  taken  by  your  (iovernment  without 
delay. 


COLONIAL  RECORDS.  821 


In  the  mean  time  I  have  inclosed  Abstracts  of  the  minutes  of  the 
Commiss"  of  Indian  Affairs  of  25""  of  Fehrnary  last  containing  the  reso- 
lution of  the  six  nations  of  Indians  as  signified  by  the  Interpreter  in 
answer  to  my  Message  requiring  them  to  enter  into  the  war  witli  ns 
against  the  French  and  Indians  in  alliance  with  them  that  it  may  appear 
to  you  how  highly  it  imports  the  several  Colonies  upon  the  Continent  to 
unite  their  Endeavours  with  this,  effectually  to  preserve  the  six  nations 
&  other  Indians  in  Alliance  with  us  and  them  in  tlieir  Fidelity  to  His 
Majesty  and  dependauce  upon  the  British  Interest  as  all  are  so  nearly 
concerned  in  the  Consequences  of  their  revolt  which  seems  next  to  be 
apprehended  since  they  have  refused  engaging  in  the  War. 
I  am  with  great  respect  Sir 

Your  most  obedient  Humble  servant 

GEO   CLINTON. 

At  a  meeting  of  the  C(jmmiss'^'  of  Indian  Affairs  the  2"2"'^  day  of  Jan- 
iuiryl74f 

Present  The  Commis"  of  Indian  Affairs. 

The  Commissioners  gave  the  following  Instructions  to  the  Interpreter 
whom  they  sent  to  each  respective  Castle  of  the  six  Nations. 

"You  are  commanded  to  go  forthwith  to  each  of  the  Castles  of  the  six 
"Nations  and  tell  them  that  the  Governour  orders  them  to  take  up  the 
"  Hatchet  and  joyn  with  us  against  the  French  &  their  Indians  accord- 
"ing  to  their  engagement,  since  the  insults  committed  at  Saraghtoga  take 
"away  all  hopes  of  a  neutrality.  You  are  to  acquaint  them  there  is  a 
"reward  to  Twenty  pounds  for  every  male  prisoner  of  the  enemy  above 
"the  age  of  sixteen  years  and  ten  pounds  for  the  scalp  of  a  male  enemy 
"above  that  age  and  for  scalps  of  males  under  that  age  £5,  ancLfor  male 
"prisoners  under  that  age  £10  to  be  paid  to  them  immediately  for  each 
"  prisoner  or  scalp  brought  to  the  Comm".  You  are  to  ask  them  the 
"  reason  why  they  did  not  find  ten  men  of  each  Castle  to  go  on  the  scout 
"as  they  promised  you.  You  may  take  with  you  four  white  men 
"Indians  for  yoin-  assistance. 

"You  are  to  inform  yourself  of  all  news  amongst  them,  and  if  any 
"French  or  french  Indians  are  now  or  lately  have  been  there,  if  you 
"hear  anything  of  moment  you  are  to  dispatch  a  messenger  to  us  and  to 
"confirm  this  message  we  give  you  a  Belt  &  seven  bands  of  Wampum, 
"  Dated  as  above 

February  26""  174|- 

The  Interpreter  being  returned  said  that  four  of  the  principal  Sa- 
chims  of  each  nation  met  at  Onandage  where  he  delivered  his  Message  to 
the  whole  Assembly  and  four  days  after  received  for  answer  as  follows. 


822  COLONIAL  RECORDS. 


They  said,  "  After  they  had  fought  against  one  another  all  the  last 
"war,  they  at  last  concluded  a  peace  with  their  Eneniys  which  they  were 
"still  resolved  to  maintain  with  those  in  alliance  with  them,  that  it  was 
"very  hard  for  them  to  enter  into  a  War,  the  Indians  of  the  six  nations 
"and  the  French  Indians  all  spring  of  our  Blood,  they  had  made  mar- 
"riages  and  Alliances  with  one  another,  it  was  much  easier  for  the 
"  white  people  to  go  to  war  than  they,  the  Kings  of  the  white  people 
"make  war  and  conclude  peace  and  the  subjects  must  obey  but  they  had 
"no  King  so  tliat  if  they  should  enter  into  war  against  one  another  the 
"war  would  continue  for  ever,  whereupon  they  refused  to  take  up  the 
"Hatchet  with  the  English  or  to  have  anything  to  do  with  the  war 
"against  the  French  &  French  Indians. 

They  desired  the  Governour  would  not  think  this  their  refusal  makes 
any  breach  in  the  Covenant  Chain  for  in  their  former  wars  all  their 
Castles  had  been  cut  off  by  the  Freucli,  and  that  they  had  often  applyed 
for  assistance  but  had  none.  The  Mohawks  only  accepted  and  they  did 
not  look  upon  that  as  a  breach  of  the  Covenant  Chain. 

The  Interpreter  represented  to  them  the  Conditions  of  the  Covenant 
Chain  and  that  they  had  taken  up  the  Hatchet  when  His  Excell''  the 
Governour  was  last  at  Albany  and  promised  to  make  use  of  it  when  the 
Governour  ordered  them,  but  notwitiistauding  this  and  several  other 
things  the  Interpreter  then  mentioned  to  them  they  absolutely  refused 
to  have  anything  to  do  in  the  war  with  the  English  against  the  French 
&  French  Indians. 

The  House  adjourned  till  to-raorrow  9  o'clock. 

Wednesday  18*  June  1746.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  tlie  C'ouncil  the  following  Bills  (that  is  to  say)  The 
Militia  Bill  and  tlie  Bill  for  quieting  the  Possession  of  the  Meherin  In- 
dians. Endorsed  June  IS"*  1746  In  the  Upper  House  read  the  first  time 
&  passed. 

Mr.  John  Haywood  brought  in  a  Bill  to  divide  Edgcomb  County, 
which  he  read  in  his  place. 

Mr.  Peter  Payne  moved  that  a  Committee  be  appointed  to  prepare  a 
Bill  for  facilitating  the  Navigation  of  this  Province  and  the  following 
Persons  were  accordingly  appointed  Viz' 

Mr.  John  Haywood,  Mr.  Julius  Cwsar  Park,  Mr.  Joseph  Blount,  Mr. 
James  McDowell,  Mr.  Thomas  Pearson,  Mr.  William  Maccay  &  Mr. 
James  Blount 

Received  from  the  Council  the  following  Message  Viz' 


COLONIAL  RECORDS.  823 


Mr.  Speaker  and  Gent. 

On  reading  the  Message  of  your  House  regarding  tlie  C'omniittee.s 
upon  tlie  Publiek  Claims  &  Accounts  This  House  thought  fitt  to  appoint 
the  Hon""  Mathew  Rowan  and  Roger  Moore  Esq'  upon  the  Claims. 
And  the  Honourable  Edward  Moseley  and  William  Forbes  Esq"  on  the 
Accounts  to  joyn  those  of  your  House 

By  Order  of  the  Upper  House 

June  13'"  1746. 

Sent  the  Bill,  for  an  Act  to  divide   Edgcomb  County,  to  the  Council 
By  Mr.  John  Haywood  &  Mr.  Joseph  Howell. 
The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  John  Haywood  moved  that  two  or  more  members  of  this  House 
might  be  added  to  the  Committee  of  Claims. 

Ordered  That  Mr.  James  McDowel  &  Mr.  Benjamin  Peyton  be  ac- 
cording added  to  the  .said  Committee 

The  House  adjourned  till  to  morrow  9  o'clock. 

Thursday  the  19""  of  June  1746.  The  House  met  according  to  Ad- 
journment. 

Mr.  Francis  Stringer  brought  in  a  Bill  for  erecting  the  Upper  part  of 
Craven  County  into  a  County  &  Parish,  etc  which  he  read  in  his  place. 

Ordered  the  same  pass  &  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Francis  Stringer  &  Mr. 
James  Macklewean 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 
Mr.  Julius  Ctesar  Park  reported  from  the  Committee  of  Propositions 
&  Grievances  as  follows  (that  is  to  say) 

North  Carolina — ss. 

At  a  Committee  of  Propositions  and  Grievances  for  this  Province  the 
13*  day  of  June  1746  Anno  Dom  : 

Present. 
Mr.  Thomas  Clark  Mr.  Joseph  Howell         Mr.  John  Wynns 

Mr.  Julius  Ctesar  Park     Mr.  John  Starkey  Mr.  Art.  Mabson 

Mr.  Stevens  Lee  Mr.  Francis  Stringer      Mr.  Tho :  Lowther 

Mr.  Jn°  Edwards,  Mr.  Jn°  Benbury. 


824     '  COLONIAL  RECORDS. 


The  Committee  having  met  they  proceeded  to  make  choice  of  a  Chair- 
man and  thereupon  chose  Mr.  Julius  Caesar  Park  who  took  his  place 
accordingly. 

The  Committee  taking  into  Consideration  the  necessity  there  was  to 
have  a  Clerk  Chose  Henry  Delon  to  act  as  such. 

Resolved  by  this  Committee  that  so  many  of  the  Grievances  reported 
by  the  Committee  of  Grievances  last  Assembly  as  remain  unredressed  be 
again  Reported. 

Resolved,  By  this  Committee  that  no  produce  of  this  Province  being 
accepted  in  payment  of  Quit  rents  of  late  Years  which  from  the  great 
scarcity  of  silver  &  gold  puts  it  entirely  out  of  the  power  of  many  of 
the  Inhabitants  of  this  Province  to  pay  their  Quit  rents  is  a  very  great 
grievance. 

Resolved  by  this  Committee  that  persons  holding  large  Tracts  of  Laud 
in  this  province  by  Warrants  or  otherwise  and  not  seating  &  cultivating 
the  same  hinders  numbers  of  strangers  from  settling  amongst  us  is  a 
great  grievance. 

Resolved,  By  this  Committee  that  Officers  under  colour  of  their  Office 
having  taken  new  Fees  not  warranted  by  Law,  &  having  extorted  greater 
Fees  than  allowed  by  Law  is  an  Oppression  of  the  subjects  and  a  great 
grievance. 

Resolved,  by  this  Committee  that  whereas  the  payment  of  the  Pow- 
der and  Footage  Money  hath  not  Answered  the  ends  designed  the  Ves- 
sels having  paid  more  for  Pilotage  to  Pilots  since  that  Law  than  before 
it  is  now  become  a  Dead  Weight  upon  Trade  and  a  Great  Grievance. 

Resolved  by  this  Committee  that  the  Raugers  Commissions  as  now 
executed  by  their  Deputies  &  sub  deputies  in  killing  and  branding  Peo- 
ples unmarked  Stocks  and  driving  about  their  marked  Ones  is  a  great 
Grievance.  It  is  the  Opinion  of  your  Committee  that  the  Property  of 
all  unmarked  Stocks  is  Vested  in  the  Owners  of  the  Land  they  range 
upon  or  the  Stocks  they  range  among  unless  any  special  property  can  be 
proved. 

Resolved  by  this  Committee  that  the  summoning  so  great  a  number  of 
Jurymen  to  attend  at  the  General  and  Circuit  Courts  as  is  now  practiced 
is  become  bnrthensome  and  a  great  Grievance.  And  it  is  the  Opinion  of 
yonr  Committee  that  a  lesser  number  may  serve  and  that  they  ought  to 
be  allowed  something  towards  their  Expences  out  of  the  County  Taxes 
or  otherwise. 

Resolved  by  this  Committee  that  the  dis-use  or  the  uncertain  holding 
of  the  Court  of  Chancery,  whereby  the  suitors  are  delayed  or  disap- 
pointed is  become  a  great  Grievance. 


COLONIAL  RECORDS.  825 


Resolved  by  this  Committee  that  the  obliging  Persons  to  go  thro  all 
the  Forms  and  paying  the  Fees  for  administration  on  Very  small  Estates 
is  become  a  Grievance. 

Resolved  by  this  Committee  that  Mr.  Secretarys  leting  ont  the  Connty 
Clerks  places  for  such  large  salaries  or  shares  whereby  they  may  be 
tempted  to  extort  on  the  people  and  few  but  necessitous  Persons  care  to 
accept  of  the  said  Office  on  such  Conditions  so  that  the  duty  is  poorly 
performed,  and  that  the  said  Clerks  not  residing  in  their  Re.spective 
Counties  is  become  a  Grievance. 

Resolved  by  this  Committee  that  the  so  long  delaying  the  printing  of 
the  Laws  that  persons  concerned  scarce  know  when  they  transgress  them, 
and  thereby  through  ignorance  become  lyable  to  Fines  and  Punishments 
is  a  very  great  Grievance. 

Resolved  by  this  Committee  that  the  uncertain  and  Itinerant  condition 
of  the  Secretary's  office  and  the  carrying  of  Records  &  other  Pnpers 
from  place  to  place  over  great  Ferrys  and  on  Horseback  whereby  tiie 
Titules  of  many  People  may  become  precarious  is  a  very  great  Grievance. 

From  the  Complaint  of  several  of  the  Members  of  the  Counties  of 
Bertie  and  Tyrrell  where  His  Excellency  the  Governor  hath  Plantations 
and  Quarters  that  the  several  Overseers  have  absolutely  refused  to  send 
his  slaves  under  their  care  to  work  on  any  roads  and  also  to  return  any 
list  of  their  Tythables  and  the  officers  have  been  deterred  by  menaces 
from  making  distress  as  the  Law  directs  by  which  Practise  the  labour 
falls  heavier  on  the  rest  and  tlie  Taxes  the  larger  your  Committee  is  of 
opinion  it  is  a  great  Grievance  to  those  Counties. 

From  the  Complaints  of  the  Gentlemen  from  Pasquotank  County  that 
Colonel  Thomas  Hunter  late  Sheriff  of  that  County  and  a  select  num- 
ber of  Justices  as  they  suggest  made  for  that  purpose  have  raisapplyed  a 
large  sum  of  money  raised  on  that  County  for  building  a  Prison  and 
Warehouse  whereby  the  County  has  been  in  a  manner  defrauded.  Your 
Committee  propose  the  said  fraud  (if  any)  may  be  inquired  into  and  such 
relief  given  as  the  House  shall  think  fitt. 

JULIUS  CiESAR  PARK,        JOSEPH  HOWELL, 
THOMAS  LOWTHER,  JOHN  EDWARDS, 

JOHN  BENBURY,  JOHN  WYNN, 

JOHN  STARKLY,  STEVENS  LEE, 

THOMAS  CLARK,  ART.  MABSON. 

To  all  which  Reports  the  House  concurred. 

Mr.  Francis  Stringer  produced  to  this  House  a  certificate  from  the 
County  Court  of  Craven  certifying  that  Joseph  Maner  is  a  very  poor 
man  and  not  able  to  pay  Levies  or  Taxes. 


826  COLONIAL  RECORDS. 


Ordered  to  be  exempt  from  paying  Publick  Taxes. 

Mr.  Francis  Stringer  produced  to  this  House  a  certificate  from  the 
County  Court  of  Craven  certifying  tiiat  Philip  Wothers  &  John  Lord 
are  very  poor  men  and  not  able  to  do  Publick  Services  nor  pay  Publick 
Taxes. 

Ordered  they  be  exempt  from  Publick  services  and  from  paying  Pub- 
lick Taxes. 

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

Fryday  the  20""  of  June  1746.  The  House  met  according  to  Ad- 
journment. 

Mr.  Thomas  Weeks  one  of  the  Members  for  Pequimons  County,  Mr. 
Symon  Bryan,  Mr.  Joseph  Bayly  and  Mr.  Benjamin  Simons  for  Pas- 
quotank County  appeared,  took  the  oaths  by  Law  appointed  for  their 
Qualification  subscribed  the  Test  and  took  their  Seats  in  the  House. 

Read  the  Bill  for  regulating  the  Militia  of  this  Government. 

Mr.  Starkey  moved  that  the  House  resolve  into  a  Committee  of  the 
whole  House  to  debate  the  several  Clauses  in  the  s*  bill  contained. 

The  House  resolved  into  a  Committee  of  the  whole  House  and  chose 
Mr.  John  Starkey  Ciiairman. 

After  the  Committee  had  debated  on  the  several  Clauses  in  the  said 
Bill  contained  and  agreed  to  and  made  several  Amendments  therein. 
Mr.  Speaker  resumed  the  Chair. 

Mr.  Chairman  reported  to  the  House  that  the  Committee  had  agreed 
to  and  made  several  Amendments  in  the  said  Bill. 

Ordered  the  said  Bill  be  read  with  the  said  Amendments. 

The  said  Bill  with  the  Amendments  were  accordingly  read. 

Ordered  the  same  pass  with  the  said  Amendments  and  be  sent  to  the 
Council. 

Sent  the  said  Bill  to  the  Council  by  Mr.  Wyriot  Ormond  and  Mr. 
Scarbrough. 

Mr.  Francis  Stringer  moved  for  leave  to  absent  himself  from  the  ser- 
vice of  the  House  till  Monday  next. 

Ordered  he  have  leave  accordingly. 

The  House  adjourned  till  4  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Read  the  Petition  of  several  of  the  Inhabitants  of  Bladen  and  New 
Hanover  Counties.  Setting  forth  the  great  hardships  they  labour  under 
by  Stock  ranging  in  the  Back  Woods  in  the  winter  range.  Praying  to  be 
relieved  in  the  Premises. 


COLONIAL  RECORDS.  827 


Mr.  Bartram  moved  for  leave  to  bring  in  a  bill  pursuant  to  the  prayer 
of  the  said  petition. 

Ordered  that  Mr.  Thomas  Clark,  Mr.  William  Bartram,  and  Mr. 
John  Starkey  do  prepare  and  bring  in  the  same. 

Read  the  Petition  of  several  of  the  Inhabitants  of  Pasquotank  County 
praying  an  Act  might  pass  for  Erecting  a  Town  in  Pasquotank  County  etc. 

Ordered  that  Mr.  Julius  Ciesar  Park,  Mr.  Thomas  Pendleton,  and 
Mr.  Simon  Bryan  do  prepare  and  bring  in  the  same. 

Read  the  Bill  the  second  time  for  the  more  quieting  the  Maheriu 
Indians  in  their  Lauds  witii  Amendments. 

Ordered  tlie  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  tlie  Council  by  Mr.  Benjamin  Hill  and  Mr.  James 
McDowell. 

Mr.  John  Barrow  moved  for  leave  to  absent  himself  from  the  Service 
of  the  House  till  Monday  next. 

Ordered  he  have  leave  accordingly. 

The  House  Adjourned  till  to-morrow  9  o'clock 

Saturday  the  21"  of  June  1746.  The  House  met  according  to  Ad- 
journment. 

Mr.  John  Smith  Jun'  One  of  the  Members  for  Hyde  County  appeared 
took  the  Oaths  by  Law  appointed  for  his  Qualification  subscribed  the 
Test  and  took  his  seat  in  the  House. 

Mr.  James  Blount  produced  an  Order  of  Tyrrell  County  Court 
wherein  John  Browning  desires  to  be  exempt  from  working  on  the  Kings 
High  Roads. 

Ordered  by  this  House  that  the  said  John  Browning  be  exempt  accord- 
ingly. 

Mr.  Julius  Cffisar  Park  moved  for  leave  to  bring  in  a  Bill  for  an  Act 
to  appoint  a  Committee  to  enquire  into  the  state  of  the  Accounts  of  the 
late  Thomas  Hunter,  Treasurer  &  Slieritf  of  Pasquotank  County  as  far 
as  relates  to  moneys  by  him  received  as  Treasurer  &  Sherifl:'  of  the  said 
County. 

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

Mr.  Ormond  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to  fix  the 
seat  of  Government  in  this  Province. 

Ordered  he  have  leave,  and  that  Mr.  James  Macklewean,  Mr.  Wyriot 
Ormond  and  Mr.  Stevens  Lee  do  prepare  the  same. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 
M.r.  Wyriot  Ormond  from  the  Committee  appointed  to  prepare  a  Bill 
for  an  Act  to  fix  the  seat  of  Government  and  for  keeping  Publick  offices 


828  COLONIAL  RECORDS. 


for  appointing  Circuit  Courts  and  defraying  the  Expences  thereof  and 
also  for  Establishing  the  Courts  of  Justice  and  regulating  as  well  the 
proceedings  as  the  Attorneys  and  practisers  of  the  Law  therein,  Which 
he  read  in  his  place. 

Ordered  the  said  Bill  be  sent  to  the  Council. 

Sent  the  said  Bill  to  the  Council  by  Mr.  Peter  Payne  &  Mr.  Thomas 
Lovick. 

Tiie  House  adjourned  till  Monday  morning  10  o'clock. 

Monday  the  2.3"'  of  June  1746.  The  House  met  according  to  Ad- 
journment. 

Mr.  Benjamin  Hill  moved  for  leave  to  bring  in  a  Bill  for  an  Act  to 
appoint  an  Overseer  to  build  a  Bridge  over  Pollacasy  near  .James  Den- 
ton's in  Bertie  County  to  keep  the  same  and  the  roads  thereto  leading  in 
repair  and  to  order  what  Persons  shall  work  thereon,  Which  he  read  in 
his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  James  Macklewean  and  Mr.  John 
Haywood." 

Received  from  the  Council  the  Bill  for  an  Act  to  fi.x  the  seat  of  Gov- 
ernment etc.  Endorsed  June  the  26""  In  tiie  Upper  House  read  the  fii'st 
time  and  passed.     By  Order 

Received  from  the  Council  the  following  Bills,  Viz' 

The  Bill  for  Erecting  the  Upper  Part  of  Craven  County  into  a  County 
&  Parish,  etc.  Endorsed,  in  the  Upper  House  read  the  first  time  & 
passed  June  23'"  1746.     By  Order. 

Read  the  Bill  for  an  Act  for  Erecting  the  Upper  part  of  Craven 
County  into  a  County  and  Parish  the  second  time  &  passed  with  amend- 
ments. 

Sent  the  same  to  the  Council  l)y  Mr.  James  Macklewean  and  Mr.  John 
Haywood. 

Received  from  the  Council  the  Bill  for  the  better  regulating  the  Militia 
of  this  Government.  Endorsed,  In  tiie  Upper  House  read  the  second 
time  and  passed  with  Amendments.     By  Order. 

Read  the  second  time  the  Bill  to  divide  Edgcomb  County  and  passed 
with  Amendments. 

Sent  the  same  to  the  Council  by  Mr.  James  Macklewean  and  Mr. 
John  Haywood. 

Mr.  John  Smith  produced  to  this  House  a  Certificate  from  Hyde 
County  Court  thereby  certifying  that  John  Spring  ought  to  be  exempt 
from  paying  Publick  Taxes  &  doing  Publick  Dutys. 

Ordered  to  l)e  exempt  accordingly. 


COLONIAL  KECORDS.  829 


The  House  adjourned  till  to-morrow  8  o'clock. 

Tuesday  the  24"'  of  June  1746.  The  House  met  according  to  Ad- 
journment. 

Mr.  Julius  Caesar  Park  brought  in  a  Bill  for  an  Act  to  Appoint  Com- 
missioners to  enquire  into  the  state  of  the  Accounts  of  the  late  Thomas 
Hunter  late  Treasurer  &  Sheriff  of  Pasquotank  County  as  farr  as  relates 
to  moneys  by  liim  received  as  Treasurer  and  Sheriff  of  the  said  County. 
Which  he  read  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Received  the  following  Bills  from  the  Council.  Viz' 

The  Bill  to  appoint  an  Overseer  to  build  a  bridge  over  Pottacasy 
Endorsed  June  24'"  1746.  In  the  Upper  House  read  the  finst  time  & 
passed.  .Ind  tlie  Bill  for  erecting  the  Upper  part  of  Craven  Countv  into 
a  County  and  Parish  etc.  And  also  the  Bill  to  divide  Edgcomb  County. 
Endorsed  June  24'"  1746.  In  the  Upper  House  read  the  second  time  & 
passed. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Read  the  second  time  the  Bill  to  fix  the  seat  of  Government  etc,  wiiich 
passed  witii  Amendments. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  [by]  Mr.  James  M°Dowell  and  Mr. 
Luke  Sumner. 

Sent  the  Bill  to  appoint  Commissioners  to  inquire  into  the  state  of  the 
Accounts  of  the  late  Thomas  Hunter  late  Treasurer  &  Sheriff  of  Pas- 
quotank County  etc  to  the  Council.  By  Mr.  Julius  Csesar  Park  &  Mr. 
Wyriot  Ormond. 

Read  the  Petition  of  the  Inhabitants,  Freeholders  of  Pequimons 
County.  Praying  an  Act  may  pass  for  laying  out  One  Hundred  Acres  of 
Land  including  Phelps  Point  for  a  Town  and  Town  Common. 

Mr.  M'Scarbrough  moved  for  leave  to  bring  in  a  Bill  for  an  Act  pur- 
suant to  the  prayer  of  the  said  petition. 

Ordered  he  iiave  leave  and  that  he  prepare  &  bring  in  the  same. 

Mr.  M°Scarbrough  brought  in  a  Bill  for  an  Act  for  laying  off  One 
Hundred  Acres  of  Land  in  Pequimons  County  including  Phelps  Point 
for  a  Town  and  Town  Common.  Which  he  read  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  M'Scarbrough  and  Mr.  Jolin 
Harvey. 

Read  the  Bill  for  dividing  Edgcomb  County  etc.  the  third  time  and 
pas.sed. 


830  COLONIAL  RECORDS. 


Ordered  the  same  be  seut  to  the  Council. 

Read  the  Bill  for  Erecting  the  Upper  part  of  Craven  County  into  a 
County  and  Parish  etc.,  the  third  time  and  passed  with  Amendments. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council  by  Mr.  M'Scarbrough  and 
Mr.  John  Harvey. 

Read  the  second  time  the  Bill  for  an  Act  to  appoint  an  Overseer  to 
build  a  Bridge  over  Pollacasy  etc. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Benjamin  Hill  and  Mr. 
John  Wynn's. 

The  House  adjourned  till  to-niormw  H  o'clock. 

Wednesday  25*  June  174(5.  The  House  met  according  to  Adjourn- 
ment. 

Read  the  Militia  Law  a  third  time  &  passed  with  Amend". 

Ordered,  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Thomas  Lovick  and  Mr. 
Benjamin  Peyton. 

Mr.  Johu  Haywood  moved  that  Mr.  Arthur  Mabson  and  Mr.  Peter 
Payne  be  added  to  the  Comittee  on  the  Navigation  Bill. 

Ordered  they  be  added  accordingly. 

The  House  adjourned  till  5  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 

Received  from  the  Council  the  Bill  to  fix  the  seat  of  Governm'  En- 
dorsed 25*  June  1746.  In  the  Upi)er  House  read  the  second  time  & 
passed  with  Amendments. 

The  House  adjourned  for  an  Houi'. 

The  House  met  according  to  Adjournment. 
The  House  adjourned  till  to-morrow  8  o'clock. 

Thursday  the  26*  June  1746.  Tiie  House  met  according  to  Adjourn- 
ment. 

Mr.  .John  Starkey  moved  that  the  Bill  for  fixing  the  seat  of  Govern- 
ment be  read. 

Ordered  the  same  to  be  read.     The  same  was  read. 

Then  Mr.  John  Starkey  moved  that  the  House  resolve  into  a  Com- 
mittee of  the  whole  House  to  debate  on  the  several  Clauses  and  Articles 
in  the  same  Bill  contained. 

Resolved  the  House  resolve  into  a  Committee  of  the  whole  House 
for  the  purposes  above  said. 


COLONIAL  RECORDS.  831 


The  House  resolved  into  a  C'omniittee  of  the  whole  House  anil  chose 
Mr.  Starkey  Chairman. 

Then  jiroceeded  to  debate  the  several  Clauses  in  the  said  Bill  Clause 
by  Clause  After  several  Debates  thereon  and  Amendments  therein.  Mr. 
Speaker  resumed  the  Chair. 

Mr.  Chairman  reported  to  this  House  the  several  Amendments  the 
Committee  had  made  in  the  said  Bill  which  were  read  in  the  House  and 
concurred  to. 

The  House  adjourned  till  4  o'clock. 

P.  M.     The  House  met  according  to  Adjournment. 
Received  the  following  Message  from  the  Council. 

]\Ir.  Speaker  and  Gent: 

On  reading  tiie  Bills  for  dividing  Edgcomb  and  Craven  Counties  etc. 
this  House  thought  fitt  to  alter  the  name  of  Essex  County  to  Johnson 
County  in  both  Bills.  To  which  if  you  agree  desire  you'l  send  two  of 
the  Members  of  your  House  to  see  the  alteration  made.     By  Order. 

June  2fi"'  1 746. 

Mr.  Speaker  and  Gent: 

On  reading  the  Militia  Bill  we  tind  a  Clause  in  it  obliging  the  several 
Colonels  to  account  with  the  General  Assembly  for  all  fines  by  them  re- 
ceived we  think  this  is  a  Military  Law  entirely  and  His  Excellency  the 
Governor  is  Captain  General  that  he  is  the  only  person  to  whom  the 
Colonels  ought  to  be  accountable  and  that  the  Clause  should  be  altered 
accol'ding  to  which  if  you  agree  we  desire  you  would  send  t\\o  of  your 
members  to  see  it  done. 

By  Order  of  the  Upper  House. 

June  26"'  1746. 

Read  the  Bill  to  fix  the  seat  of  Government  the  third  time  and  passed 
with  Amendments. 

Sent  the  Bill  for  an  Act  to  fix  the  seat  of  Government  etc  to  the 
Council  by  Mr.  John  Starkey  &  Mr.  Peter  Payne. 

Sent  the  following  Message  to  the  Council  Viz' 

Gent,  of  Hls  Ma.je.stv.s  Hon"'  Coi^ncil 

On  reading  your  Messages  relating  to  the  Amendments  you  propose 
in  the  Bills  for  dividing  Edgcomb  and  Craven  Conutys  etc,  and  the  Mi- 
litia Bill  this  House  concurrs  to  the  Amendments  you  propose  and  have 


832  COLONIAL  RECORDS. 


sent  Mr.  John  Starkey  and  Mr.  Peter  Payne  to  see  tlie  same  made  ac- 
cordingly. 

By  Order  of  the  House  SAMUEL  SWANN  Speaker. 

Jane  26'"  1746. 

The  House  adjourned  for  half  an  hour. 

The  House  met  according  to  Adjournment. 

Received  from  the  Council  the  following  Bills  Viz' 

The  Bill  for  erecting  Craven  County  into  a  County  &  Parish  etc  And 
the  Bill  for  dividing  Edgcomb  County.  And  the  Militia  Bill.  Endorsed 
June  26""  1746.  In  the  Upper  House  read  the  third  time  &  passed. 

Ordered  the  same  be  Engrossed. 

By  Order  of  the  Upper  House. 

The  House  adjourned  till  to-morrow  9  o'clock 

Fryday  27""  of  June  1746.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  Wyriot  Ormond  moved  that  this  House  would  a])point  a  Com- 
mittee to  see  the  Bills  of  Credit  of  this  Province  burnt  pursuant  to  an 
Act  of  the  General  Assembly.  And  Mr.  Wyriot  Ormond,  Mr.  Thomas 
Pendleton,  Mr.  James  Craven,  Mr.  Thomas  Pearson  and  Mr.  Caleb  Wil- 
son were  accordingly  appointed 

Sent  the  following  Message  to  the  Council  Viz' 

Gent,  of  His  Majestys  Hon""  Council. 

This  House  has  appointed  Mr.  Craven,  Mr.  Pendleton,  Mr.  Ormond 
and  Mr.  Wilson  a  Committee  to  joyn  those  of  your  House  as  you  shall 
think  fitt  to  see  the  Bills  of  Credit  of  this  Province  (now  in  the  hands 
of  the  Committee  for  Publick  Accounts)  for  sinking  the  Currency  burnt. 

Received  from  the  Council  the  following  Message  Viz' 

Mk.  Speaker  and  Gent. 

On  reading  your  Message  regarding  tiie  burning  tlie  Bills  of  credit  of 
this  Province.  This  House  have  tiiought  fitt  to  appoint  the  Hon""  Ed- 
ward Moseley  Eisq"'  and  William  Forbes  Esq'  Two  of  the  Members  of 
this  House  to  joyn  the  Committee  of  yours  for  the  purposes  aforesaid 

By  Order  of  the  Upper  House. 

June  27'"  1746. 

Mr.  Joseph  Anderson  from  the  Committee  of  Publiclv  At;counts  as  per 
Book. 

The  House  adjourned  till  3  o'clock. 


COLONIAL  RECORDS.  833 


P.  M.     The  House  met  acx^ording  to  Adjournment. 
Received  from  tlie  Council  tlie  following  Massage.  Viz' 

Mr.  Speaker  and  Gent: 

On  reiidiugand  considering  the  Bill  to  fix  the  seat  of  Government  etc, 
we  find  several  Amendments  made  by  your  House,  which  we  cannot  agree 
to.  Viz' 

First.  That  the  Place  for  Establisiiing  the  General  Court  etc  which  we 
must  insist  to  be  New  Bern  instead  of  Bath  and  the  other  Places  for  the 
Circuit  Courts  agreable  as  by  the  Bill  when  sent  down  last. 

Second'^.  The  Power  of  the  County  Courts  which  your  House  have 
enlarged  to  £25  procl :  money  which  we  propose  should  be  but  Twenty 
Pounds"procl :  money. 

Third'^.  The  Clause  relating  to  the  Admission  of  Lawyers  which  we 
propose  to  be  struck  out. 

To  the  rest  of  the  Bill  we  readily  agree. 

If  your  House  will  agi-ee  to  these  Amendments  we  will  Pass  the  Bill 
otherwise  we  must  reject  it. 

By  order  of  the  Upper  House. 

June  27'"  1746. 

Sent  the  following  Message  to  the  Council. 

Gent,  of  His  Majestys  Hon"'  Council. 

This  House  having  considered  your  Message  regarding  the  Bill  to  fix 
the  seat  of  Government  cannot  agree  to  the  Amendments  in  the  said  Bill 
which  you  propose. 

Mr.  James  Craven  from  the  Committee  to  see  tlie  Bills  for  sinking  the 
Currency  Burnt  Reported  that  they  had  received  as  by  the  reports  of  the 
Committee  of  Accounts  from  the  several  Treasurers  &  Sheriffs  of  this 
Province  as  follows.  Three  thousand  and  five  hundred  forty  two  Pounds 
fifteen  shillings  and  two  pence  from  the  said  several  Sheriifs,  and  six 
hundred  eighty  nine  Pounds  ten  shillings  and  eight  pence  Loan  Money 
from  the  Treasurers  which  they  the  said  Committee  had  burnt  agreable  to 
the  order  of  this  House.  " 

The  House  adjourned  till  to-nmrrow  8  o'clock. 

Saturday  28""  of  June  174().  The  House  met  according  to  Adjourn- 
ment. 

Mr.  Thomas  Lovick  from  the  Committee  of  Claims  reported  as  "^ 
report  to  this  House  Delivered,  and  after  several  allowances  by  this 


834  COLONIAL  RECORDS. 


House  to  several  Claimants  the  said  report  was  agreed  to,  and  ordered  to 
be  sent  to  the  Council  for  their  Concurrence. 

Resolved  by  this  House  that  His  Excellency  the  Governor  be  addressed 
to  direct  the  Attorney  General  to  prosecute  the  several  Sheriffs  and  all 
others  having  Pnblick  money  in  their  hands  and  have  not  accounted  and 
paid  the  same  into  the  Committee  of  Accounts. 

His  Excellency  the  Governor  was  pleased  to  send  a  Message  to  tliis 
House  commanding  their  immediate  Attendance. 

The  House  in  a  full  body  waited  on  His  Excellency  the  Governor  in 
the  Council  Chamber  when  Mr.  Speaker  presented  the  following  Bills  to 
His  Excfellency.  Viz' 

The  BiU  for  the  better  regulating  the  Militia  Governm'  Tiie  Bill  for 
dividing  Craven  County  etc.  The  Bill  for  dividing  Edgcomb  County  etc. 
To  which  His  Excellency  was  pleased  to  Assent. 

Then  His  Excellency  was  pleased  to  Prorogue  this  Assembly  to  the 
third  Tuesday  in  November  next  to  be  then  held  at  Wilmington. 

Mr.  Speaker  with  the  House  returned  and  pronounced  the  Prorogation 
accordingly. 

Test         WILLIAM  HERRITAGE  C'"  General  Assembly. 


North  Carolina — ss. 

At  a  General  Assembly  begun  and  held  at  Wilmington  tlic  eighteenth 
day  of  November  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  forty  six  in  the  twentyeth  year  of  his  present  Majesty's  reign  and 
continued  by  several  Prorogations,  until  the  twentieth  instant  being  the 
third  Session  of  Assembly. 

In  the  Upper  House  Thursday  the  20'" 
Present 
'  ( Eleazar  Allen  Edw''  Moseley  ] 

The  hon*"'"-/  Math:  Rowan         Roger  Moore     >  Esq"  Members 
(  W-"  Forbes'  j 

Then  his  Excellency  came  to  the  House  and  demanded  the  immediate 
attendance  of  the  Lower  House  in  the  Council  Chamber  Whereupon  Mr. 
Speaker  attended  by  the  House  waited  upon  him.  Then  his  Excellency 
ordered  them  to  return  t(T  their  House  and  proceed  to  business  and  with- 
drew. 

Then  the  House  adjourned  until  3  r)f  the  clock  in  the  afternoon. 

Post  Meridien     The  House  met  according  to  Adjournment. 
Present 
r  Eleazar  Allen         Edw''  Moseley  "| 
The  hon''''<^  Math:  Rowan         Roger  Moore    V  Esq"  Members. 
i  W"  Forbes  j 


COLONIAL  RECORDS.  835 


And  adjourned  until  Saturday  Ten  of  the  clock. 

Saturday  the  22"*     Tlie  House  met  according  to  Adjourniuent. 
Present 
I  F^Ieazar  Alien  Edw*  Moseley  ) 

The  lion^V  Math:  Rowan         Roger  Moore"    VEsq"  Members. 
(  W"  Forbes  j 

Mr.  Stewart  and  Mr.  Marsden  Brought  up  a  Bill  for  au  Act  for  ascer- 
taining the  number  of  Members  to  be  chosen  for  the  several  Counties 
within  this  Province  to  sit  in  General  Assembly  and  for  establishing  a 
more  equal  representation  of  all  his  Majesties  Subjects  in  the  House  of 
Burgesses.  In  the  Lower  House  read  the  first  time  and  passed.  In 
this  House  read  and  passed. 

Then  the  House  adjourned  until  Monday  morning  10  of  the  clock. 

Munday  the  24"^     The  House  met  according  to  Adjournment. 

■  Present 

Eleazar  Allen  Edw*  Moseley 

Math  :  Rowan        Roger  Moore 

W"  Forbes. 

And  adjourned  until  three  of  the  clock  in  the  afternoon. 

Post  Meridien     The  House  met  according  to  Adjournment. 
Present 
(  Eleazar  Allen  Edw""  Moseley  "» 

The  hon"'  <  Math  :  Row  an         Roger  Moore"    V  Esq"  Members. 
(  W'  Forbes  j 

Mr.  Stringer  and  Mr.  Swann  brought  up  the  Bill  for  an  Act  for  estab- 
lishing a  more  equal  representation  of  all  his  Majesties  Subjects  in  this 
Province  in  the  House  of  Burgesses  &c.     In  the  Lower  House  read  the 
second  time  and  past  with  Amendments.     In  this  House  read  and  past. 
Then  the  House  adjourned  until  to  morrow  morning  10  of  the  clock. 

Post  Meridien     The  House  met 

Present 
(  Eleazar  Allen  Edw"  Moseley  | 

The  hon"'"  <  Math  :  Rowan         Roger  Moore    V  Esq"  Members 
t  W"  Forbes.  j 

And  adjourned  until  to  morrow  morning  10  of  the  clock. 

Tuesday  the  2.5"'     The  House  met  according  to  Adjournment 
Present 

{Eleazar  Allen  Edw''  Moseley ] 

Math  :  Rowan         Roger  Moore     >  Esq"  Members 
W-  Forbes  j 


836  COLONIAL  RECORDS. 


And  adjourned  until  3  of  the  clock  in  tlie  afternoon. 

Post  Meridien     The  House  met  according  to  adjournment. 
Present 
(  Nathaniel  Rice       Edw*  Moseley  ] 
The  hon*"'"  <  Eleazer  Allen         Roger  Moore     VEsq"  Members 
( Math :  Rowan         W"  Forbes       j 
Mr.  Marsden  &  Mr.  Stringer  Brought  the  Bill  for  an  Act  for  estab- 
lishing more  equal   Representation    of  all  his  Maj'"^  Subjects  in   this 
Province  in  the  House  of  Burgesses,  &c.     In  the  Lower  House  read  the 
third  time  and  past.     In  this  House  read  the  third  time  and  past.  And 
Ordered  to  be  sent  down  and  engrossed. 

Also  a  Bill  for  an  Act  to  fix  the  place  for  the  seat  of  Government  and 
for  keeping  Publick  Offices,  and  for  appointing  Circuit  Courts  and  for 
defraying  the  expences  thereof  and  also  for  establishing  tlie  Courts  of 
Justice  and  regulating  tiie  proceedings  therein.  In  the  Lower  House 
read  the  first  time  and  past.     In  this  House  read  and  past 

Then  the  House  adjourned  until  to  morrow  morning  9  of  the  clock. 

Wednesday  the  26""     The  House  met  according  to  Adjournment. 
Present 
r  Nath  :  Rice  Edw"*  Moseley  ] 

The  hon*''  <  Eleazar  Allen  Roger  Moore    >  Esq"  Members. 

(  Math  :  Rowan  W"  Forbes,      j 

Mr.  Swann  &  Mr.  Stringer  Brought  up  the  Bill  for  an  Act  for  fixing 
the  seat  of  Government  &c.  In  the  Lower  House  read  the  second  time 
and  past  with  Amendments. 

Then  the  House  adjourned  until  to  morrow  morning  8  of  the  clock. 

Thursday  the  27""     The  House  met  according  to  Adjournment. 
Present 
Nath  :  Rice  Edw"  Moseley 

Eleazar  Allen  Roger  Moore 

Math  :  Rowan  W""  Forbes 

Then  the  House  read  the  Bill  for  an  Act  for  fixing  the  seat  of  Gov- 
ernment the  second  time  &  past  with  Amendments. 

Then  the  House  adjourned  until  to  morrow  morning  9  of  the  clock. 

Fryday  the  28""     The  House  met  according  to  Adjournment. 
Present 
(  Nath  Rice  Edw"  Moseley  ^ 

The  hon*"''  <  Eleazar  Allen  Roger  Moore    V  Esq"  Members. 

( Math :  Rowan         W"  Forbes       j 


COLONIAL  KECOKDS.  837 


Mr.  M°Le\vain  &  Mr.  Eaton  Brought  the  Bill  for  an  Act  for  fixing 
the  seat  of  Government  &e.  togeather  with  the  following  Message — In 
the  Lower  House  Read  said  Bill  the  third  tinje  and  past  with  Amend- 
ments— 

Gent"  of  his  Ma.j"°°  Hon""  Council 

We  have  herewith  sent  you  the  Bill  for  fixing  the  seat  of  Government 
&c.  marked  with  a  third  reading  in  onr  House  and  have  made  no  mate- 
rial Amendment  except  leaving  out  of  said  Bill  the  clause  added  by 
your  House  for  preventing  that  part  of  it  which  relates  to  the  Jurisdic- 
tion of  the  County  Courts  being  in  force  untill  the  Laws  of  this  Province 
shall  be  printed 

To  which  we  cannot  consent  we  assure  your  Honours  every  Member 
of  this  House  have  the  reviseing  &  printing  of  the  Laws  of  this  Prov- 
ince greatly  at  heart  and  have  come  into  a  resolve  That  a  Bill  for  that 
purpose,  shall  be  one  of  the  first  We  shall  take  under  our  consideration 
and  endeavour  to  get  passed  at  our  next  meetii^. 

Then  the  House  adjourned  till  Tuesday  afternoon. 

Tuesday  the  4"'  December  Post  Meridien  The  House  met  accord- 
ing to  Adjournment. 

Present 
(  Nath  :  Rice         Edw*  Moseley  ~| 
The  iion"°<  Eleazar  Allen      Roger  Moore     >  Esq"  Members. 
(  Math  :  Rowan     W"  Forbes       j 
Mr.  Marsden  &  Mr.  Swann  Brought  up  a  Bill  for  an  Act  for  revise- 
ing and  printing  the  Laws  of  this  Province  and  for  granting  to  his 
Majesty  a  duty  on  Rum  for  defraying  the  charge  thereof.     In  the  Lower 
House  read  the  first  time  and  past.     In  this  House  read  and  past. 
Then  the  House  adjourned  untill  to  morrow  morning  9  of  the  clock. 

Wednesday  the  5""     The  House  met  according  to  Adjournment. 
Present 
(  Nath  :  Rice         Edw^  Moseley  ~| 
The  hon^V  Eleazar  Allen     Roger  Moore    V  Esq"  Members. 
(  Math  :  Rowan    W"  Forbes       J 
Read  the  Bill  for  an  Act  for  fixing  the  seat  of  Government  &c.  in  this 
House  the  third  time  which  passed  upon  the  Amendment  of  the  Lower 
House  and  Ordered  to  be  sent  down  and  engrossed. 

Then  the  House  adjourned  untill  to  morrow  morning  9  of  the  clock. 


838  COLONIAL  RECORDS. 


Thursday  the  6*     The  House  met  according  to  Adjourumeut. 
Present 
(  Nath  :  Rice         Edw"  Moseley  ~| 
The  iiou'''''<  Eleazar  Allen      Roger  Moore     VEsq"  Members. 
(  Math  :  Rowan    W"  Forbes       j 
And  adjourned  untill  three  of  the  clock  in  the  afternoon. 

Post  Meridien     The  House  met  according  to  Adjournment. 
Present 
r  Nath :  Rice         Edw''  Moseley  ] 
The  hon"'-,  Eleazar  Allen     Roger  Moore     V  Esq"  Meml)ers. 
(  Math  :  Rowan    W"  Forljes       j 
Then  his  Excellency  came  to  the  House  and  commanded  the  immedi- 
ate attendance  of  the  Lower  House 

Whereupon  the  Speai^er  attended  by  the  Lower  House  waited  upon 
his  Excellency  in  the  Council  Chamber  When  he  was  pleased  to  give  his 
assent  to  the  following  Bills,  viz'.  The  Bill  for  an  Act  for  establishing  a 
more  equal  rej)resentation  of  all  his  Majestie's  Subjects  in  this  Province 
in  the  House  of  Burgesses  &c.  The  Bill  for  an  Act  for  fixing  the  Place 
for  the  seat  of  Government  &c. 

Then  his  Excellency  was  pleased  to  prorogue  this  Assembly  untill  the 
second  Tuesday  in  February  next  then  to  be  held  at  Newbern. 


North  Carolina, — ss. 

At  an  Assembly  begun  and  held  at  New  Bern  tlie  twelfth  day  of  June 
in  the  twentieth  year  of  the  reign  of  our  Sovereign  Lord  George  the  Sec- 
ond by  the  grace  of  God  of  Great  Britain  France  and  Ireland  King  (and 
.so  forth)  And  in  tlie  year  of  our  Lord  one  thousand  seven  hundred  and 
forty  six,  and  from  thence  continued  by  Prorogation  to  Tuesday  the 
eighteenth  day  of  November  in  the  year  aforesaid  to  be  then  held  at 
Wilmington  And  then  further  prorogued  to  the  twentieth  day  of  the  said 
Month  to  be  then  held  at  Wilmington  aforesaid  And  then  further  pro- 
rogued to  the  twenty  first  day  of  the  said  Month  to  be  tlicn  held  at  Wil- 
mington aforesaid  being  the  second  session  of  this  present  Assembly. 

The  Assembly  met  according  to  Prorogation. 

John  Harlow  former  Messenger  to  this  House  not  a])pearing  Alexander 
M  Coy  is  appointed  in  his  room 

The  Writ  for  electing  Representatives  to  serve  in  this  j)rcsent  General 
Assembly  for  the  County  of  Johnston  being  returned.  Pursuant  to  which 
Mr.  John  West  and  Mr.  John  Smith  appeared  took  the  Oaths  appointed 
by  Law  for  their  qualification  Subscribed  the  Test  and  took  their  seats  in 
the  House. 


COLONIAL  RECORDS.  839 


The  Writ  for  electing  Representatives  to  serve  in  this  present  general 
Assembly  for  Granvill  County  was  returned.  Pursuant  to  which  Mr. 
William  Eaton  and  Mr.  Edward  Jones  appeared  took  the  oaths  by  Law 
appointed  for  their  qualification  subscribed  the  Test  and  took  their  seats 
in  the  House. 

Pursuant  to  the  return  of  the  Writ  for  electing  a  Member  to  serve  in 
this  present  General  Assembly  for  the  County  of  New  Hanover  in  the 
room  of  Mr.  Samuel  Swann  who  declined  serving  for  the  said  County, 
Mr.  Rufus  Marsden  appeared  as  also  Mr.  John  Swann  who  was  elected 
as  a  Member  in  this  present  General  Assembly  for  the  County  of  New 
Hanover  aforesaid  Ajjpeared  and  took  the  oaths  by  Law  appointed  for 
their  qualification  Subscribed  the  Test  and  took  their  seats  in  the  House. 

Mr.  Joseph  Clark  one  of  the  Representatives  returned  for  the  County 
of  Bladen  Appeared  took  the  oaths  by  Law  appointed  for  his  qualifica- 
tion Subscribed  the  Test  and  took  his  seat  in  the  House. 

His  Excellency  the  Governor  sent  a  Message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 

The  House  in  a  full  body  waited  on  his  Excellency  the  Governour  in 
the  Council  Chamber  when  his  Excellency  was  pleased  to  direct  this 
House  to  proceed  to  Business. 

The  House  returned. 

Mr.  John  Swann  moved  (that)  as  Mr.  Thomas  Clark  Member  for  Wil- 
mington in  New  Hanover  County  is  dead  His  Excellency  the  Governour 
may  be  addressed  to  order  the  Clerk  of  the  Crown  to  issue  a  writ  for 
electing  a  Member  to  serve  for  tlie  said  Town  at  this  present  General 
Assembly. 

Ordered  That  His  Excellency  be  addressed  accordingly  i 

Sent  the  following  Message  to  his  Excellency  the  Governor  viz' 

May  it  plkase  your  Excellexcy, 

Mr.  Thomas  Clark  late  Member  of  this  House  for  Wilmington  is  dead, 
this  House  therefore  prays  your  Excellency  to  direct  the  Clerk  of  the 
Crown  to  issue  a  writ  for  electing  a  Member  for  the  said  Town  in  the 
room  of  the  said  Mr.  Thomas  Clark  deceased. 

^y  Order.         SAMUEL  SWANN  Speaker. 

21="  November  1 746. 

Mr.  Francis  Stringer  moved  that  a  Committee  be  appointed  to  prepare 
and  bring  in  a  Bill  for  the  more  equal  Representation  of  the  Inhabitants 
of  the  several  Counties  in  this  Province  in  General  Assembly. 

Mr.  Rufus  Marsden,  Mr.  Thomas  Pearson,  and  ]\Ir.  William  Eaton 
were  accordingly  appointed. 


840  COLONIAL  RECORDS. 


Mr.  Francis  Stringer  moved  that  a  Committee  be  appointed  to  pre- 
pare and  bring  in  a  Bill  for  an  Act  to  fix  a  place  for  the  seat  of  Govern- 
ment and  for  keeping  Publick  Offices  for  appointing  Circuit  Courts  and 
defraying  the  expence  thereof  and  also  for  establishing  the  Courts  of 
Justice  and  regulating  the  procedings  therein. 

Ordered  That  Mr.  John  Swann,  Mr.  Francis  Stringer  and  Mr.  John 
Haywood  do  prepare  and  bring  in  the  same. 

The  House  adjourned  till  to  morrow  8  o'clock.        • 

Saturday  the  22'*  Nov'  1746.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  Rufus  Marsden  brought  in  a  Bill  for  the  better  ascertaining  the 
number  of  Merabei-s  to  be  chosen  for  the  several  Counties  within  this 
Province  to  sit  in  General  Assembly  and  for  establishing  a  more  equal 
Representation  of  all  his  Majesty's  subjects  in  the  House  of  Burgesses. 
Which  he  read  in  his  place. 

Ordered  The  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Stringer  &  Mr.  Marsden. 

The  House  adjourned  till  Monday  8  o'clock. 

Monday  the  24""  of  Nov"^  1746.  The  House  met  according  to  Ad- 
journment. 

Received  from  the  Council  the  Bill  for  ascertaining  the  Number  of 
Members  to  be  chosen  for  the  several  Counties  within  this  Province  to 
sit  in  General  Assembly  &c.  Endorsed.  In  the  Upper  House  read  the 
first  time  and  passed  22*  Nov'  1746.    By  Order  &e. 

Read  the  above  Bill  the  second  time  &  passed. 

Ordered.  The  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Stringer  &  Mr.  John 
Swann 

Received  the  above  Bill  from  the  Council  Endorsed.  Monday  the 
24*  1746.  In  the  Upper  House  read  the  second  time  and  passed. 

The  House  adjourned  till  to  morrow  8  o'clock. 

Tuesday  the  25""  Nov'  1746.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  John  Swann  from  the  Committee  appointed  to  prepare  and  bring 
in  a  Bill  to  fix  a  place  for  the  seat  of  Government  &c.  brought  in  the 
said  Bill  Which  he  read  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  bill  to  the  Council  by  Mr.  Marsden  &  Mr.  Stringer. 

The  Writ  for  electing  a  Burgess  for  the  Town  of  Wilmington  being 
returu'd 


COLONIAL  RECX)RDS.  841 


Fur.siiant  thcTfto  Mr.  Caleb  (ifrano;ei-  appeared  took  tlie  oath.s  by  Law 
appointed  for  his  rjiialifieation  subscribed  tiie  Test  and  took  his  scat  in 
tiie  House. 

Read  the  third  time  the  Bill  tor  ascertaining  the  Number, of  Members 
to  be  chosen  for  the  several  Counties  &c.  which  passed. 

Ordered  the  same  to  be  sent  to  the  Council 

Sent  the  same  to  the  Council  by  Mr.  Marsden  &  Mr.  Stringer. 

Tiie  House  adjourned  till  to  morrow  S  o'clock. 

Wednesday  tiie  26"'  of  Nov'  1746.  The  House  met  according  to  Ad- 
journment. 

Received  from  the  Council  the  following  Bills  viz' 

The  Bill  to  fix  the  seat  of  Government  &c.  Endorsed  Li  tiie  I'pper 
House  read  the  first  time  and  passed. 

And  the  Bill  for  ascertaining  the  number  of  Members  to  be  chosen 
for  the  several  Counties  within  this  Province  to  sit  in  General  Assem- 
bly &c.  Endorsed  Nov'  25""  1746.  In  tiie  Upper  House  Read  the  third 
time  &  passed. 

Ordered  to  be  engrossed. 

Read  the  Bill  for  an  Act  to  fix  the  seat  of  Government  &c.  The  sec- 
ond time  and  passed  with  amendments. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Swann  &  Mr.  Stringer. 

The  House  adjourned  till  3  o'clock. 

Afternoon.     Tiie  House  met  according  to  Adjournment. 

The  House  adjourned  till  to  morrow  8  o'clock. 

Tliursday  the  27""  of  Nov'  1746.  Tlie  House  met  according  to  Ad- 
journment. 

Received  from  tlie  C'ouncil  the  Bill  to  fix  the  seat  of  Government  etc. 
Endorsed  In  the  Ujiper  House  Read  the  second  time  and  passed  with 
amendments  27"'  Nov:  1746. 

The  House  arljourned  till  to  morrow  S  o'clock. 

Fryday  the  28""  of  Nov'  1746.  The  House  met  according  to  Ad- 
journment. 

Read  the  Bill  to  fix  the  seat  of  Government  &c.  tlie  third  time  and 
passed  with  amendments. 

Resolved  That  this  House  at  their  next  meeting  bring  in  a  Bill  for 
reviseiiig  and  printing  the  Laws  of  this  Province. 

Ordered  That  the  above  Bill  be  sent  to  the  Council  with  the  following 
Message  viz' 

Vol.  4—102 


842  COLONIAL  RECORDS. 


Gent"  of  his  Majesty's  Hon"''  Council 

We  herewith  send  yoii  the  Bill  for  fixing  the  seat  of  Government  &c. 
marked  with  a  third  reading  in  onr  House  and  have  made  no  material 
amendments  except  leaving  ont  of  the  said  Bill  the  clause  added  by  yonr 
House  for  preventing  that  part  of  it  that  relates  to  the  Jurisdiction  of 
the  County  Courts  being  in  force  till  the  Laws  of  this  Province  shall  be 
printed  to  which  we  cannot  consent  and  we  do  assure  your  Honours 
every  member  of  this  House  have  the  reviseing  and  Printing  the  Laws 
of  this  Province  greatly  at  heart  and  have  come  into  a  resolve  that  a  Bill 
for  that  purpose  shall  be  one  of  the  first  we  shall  take  under  our  consid- 
eration and  endeavor  to  get  passed  at  our  next  meeting. 

Sent  the  above  Bill  and  Message  to  the  Council  by  Mr.  Macklewean 
and  Mr.  Eaton. 

The  House  adjourned  till  3  o'clock. 

Afternoon.     The  House  met  according  to  Adjournment. 

His  Excellency  the  Governor  sent  a  Message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 

The  House  in  a  full  body  waited  on  his  Excell"^  the  Governour  in  the 
Council  Chamber  and  presented  to  his  Excellency  the  Bill  for  ascertain- 
ing the  number  of  Members  to  be  chosen  for  the  several  Counties  within 
this  Province.  To  which  his  Excellency  was  pleased  to  assent. 

Then  Mr.  Speaker  with  the  House  returned. 

Mr.  James  Macklewean  moved  that  a  Committee  be  appointed  to  pre- 
pare and  bring  in  a  Bill  for  reviseing  &  printing  the  Laws  of  this  Prov- 
ince. And  the  following  persons  were  accordingly  appointed  viz'  Mr. 
John  Swann,  Mr.  Francis  Stringer,  Mr.  Rufus  Marsden,  Mr.  Joseph 
Clark  and  Mr.  James  Macklewean. 

The  House  adjourned  till  to  morrow  ^  o'clock. 

Saturday  the  29""  of  Nov'  1746.  The  House  met  according  to  Ad- 
journment. 

The  House  adjourned  till  Monday  8  o'clock. 

Monday  the  1"  of  December  1746.  The  House  met  according  to 
Adjournment. 

The  House  adjourned  till  to  morrow  8  o'clock. 

Tuesday  the  2''  of  Dec'  1746.  The  House  met  according  to  Adjourn- 
ment. 

Mr.  Macklewean  from  the  Committee  appointed  to  prepare  and  bring 
in  a   Bill  for  reviseing  and   Printing  the  Laws  of  tiiis  Province  &c. 


COLONIAL  RECORDS.  843 


Reported   Tliat   tlie  (Joinmitta,'  liad   prepared   the  rianie  whicli  he  read  in 
Ill's  place. 

Ordered  tlie  same  pa.ss  and  l)e  sent  to  tlie  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Marsden  and  Mr.  Swann. 

The  House  adjourned  till  3  o'clock. 

Afternoon     The  House  met  according  to  Adjournment. 

Received  from  the  Council  the.  Bill  for  reviseing  and  printing  the 
Laws  of  this  Province  &c.  2''  Dec'  1746.  Endorsed  In  the  Upper 
House  read  the  first  time  and  passed. 

The  House  adjourned  till  to  morrow  8  o'clock. 

AVednesday  the  3''  of  Dec'  174(j.  Tlic  House  met  according  to  Ad- 
joiu'nment. 

The  House  adjourned  till  -i  o'clock. 

Afternoon     The  House  met  according  to  Adjournment  • 

The  House  adjourned  till  to  morrow  8  o'clock. 

Thursday  the  4""  of  Dec'  174(j.  The  House  met  according  to  Ad- 
journment. 

The  House  adjourned  till  to  morrow  i)  o'clock. 

Fryday  the  5""  of  Dec'  1746.  The  House  met  according  to  Adjourn- 
ment 

His  Excellency  the  Governour  sent  a  Message  to  this  House  com- 
manding their  immediate  attendance  to  the  Council  with  what  Bill  or 
Bills  were  engrossed. 

Mr.  Speaker  with  the  House  waited  on  his  Excellency  the  Governour 
in  the  Council  Chamber  and  presented  the  following  Bill  viz'  The  Bill 
for  an  Act  to  fix  a  place  for  the  seat  of  Government  and  for  keeping 
publick  Offices  for  appointing  Circuit  Courts  and  defraying  the  expeuce 
thereof  and  also  for  establishing  the  Courts  of  Justice  and  regulating 
the  Proceedings  therein  which  being  read  his  Excellency  was  pleased  to 
assent  thereto. 

Then  his  Excellency  [was]  pleaseil  to  prorogue  this  Assembly  to  the 
second  Tuesday  in  .January  next  to  be  then  iield  at  Wilmington. 

Mr.  Speaker  witii  the  House  returned  and  pronoiuiced  the  Proroga- 
tion accordingly. 

True  Copy 

Test.       W"  HERRITAGE  Clk.  of  the  General  Assembly. 


844  COLONIAL  KECORDS. 


1747. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  72.] 

Edenton.  Jan--^'  20'"  174f. 
My  Lord.s,  [of  the  Board  of  Trade] 

Your  Lordships  letter  of  the  19""  July  1744  came  to  my  hands  but  a 
few  days  ago,  1  am  very  much  concerned  to  find  by  your  continued 
reproofs  that  so  many  Paquets  addressed  to  your  Board  from  this  Prov- 
ince have  miscarried,  for  I  do  assure  your  Lordships  I  have  been  very 
diligent  in  my  di.spatches  since  the  year  1741,  both  before  the  date  of 
your  letter  and  since,  the  want  of  a  fixed  place  for  Publick  meetings, 
and  the  poverty  of  the  Officers  who  have  been  so  long  without  any  regu- 
lar payment  of  their  .salaries,  and  consequently  can't  stay  long  from  their 
plantations,  is  the  true  reason  why  public  papers  are  sometimes  sent  home 
without  any  letter  from  me,  it  has  been  impossible  to  prevent  it  hith- 
erto, but  I  hope  we  shall  be  more  regular  for  the  future;  for  in  a  late 
Assembly  held  at  Wilmington  I  have  got  a  la^v  passed  for  fixing  the  seat 
of  Government  at  Newbern,  and  a  tax  laid  for  Public  Buildings;  There 
was  only  one  other  law  past  then,  viz'  An  Act  for  ascertaining  the  num- 
ber of  representatives  for  each  County,  the  inequality  of  which  has  been 
one  great  source  of  the  Disorders  of  this  Colony,  I  shall  send  a  copy  of 
them  soon  As  I  am  under  an  absolute  necessity  of  coming  home  next 
autumn,  I  hope  I  shall  be  able  to  ju.stify  my  conduct  to  your  Lordships, 
and  give  you  a  satisfactory  account  of  all  the  affiiirs  of  this  Province. 

The  members  of  Council  remain  the  same  as  I  wrote  last  August,  as 
James  Murray  Esq",  who  weiit  home  three  years  ago  without  leave,  is 
not  like  to  return,  I  take  the  liberty  to  reconuuend  James  Ha.s.sel  Esq" 
to  fill  up  his  seat  in  Council. 

I  am.  My  Lords,  your  most,  &c., 

GAB:  JOHNSTON 


[B.  P.  R.  O.  North  Carolina.  B   T.  Vol.  11.  P..  71.] 

To  the  Right  Hono'''^  the  Lords  Commissioners  for  Trade  &  Plantations 
The  Memorial  of  the  undersigned  Merchants  of  London,  in  behalf  of 

themselves,  and  of  many  others,  trading  to,  and  having  large  debts  due 

in  his  Majesty's  Provinces  of  North  Carolina  and  Virginia,  Sheweth, 
'lliat  your  MeuKtrialists,  and  other  British  Merchants,  have  in   the 

course  of  tiieir  dealings,  given  verv   large  credit  to  Planters  resident  in 


COLONIAL  RECORDS.  846 


those  Colonys  who  frequently  (as  the  said  Colonys  lye  contiguous  to 
each  other)  purchaze  Lands  and  propertys  in  each  of  the  said  Provinces; 
And  by  your  Memorialists  mony,  and  by  the  credit  which  they  have 
given,  many  good  Plantations  iiave  been  cleared,  stockt  and  improved 
to  the  particular  benefit  of  the  Planters  to  the  advantage  of  tiiis  king- 
dom and  the  [iniiabitants]  thereof,  and  to  the  great  increase  of  the  Pnh- 
lick   revenues. 

That  your  memorialists  are  exceedingly  alaniieil,  and  surprised,  at 
there  being  lately  brought  to  light,  and  sett  up,  an  Act  of  Assem- 
bly, as  passed  under  the  Proprietors  of  North  Carolina  in  the  latter  end 
of  the  year  1715.  or  beginning  of  1716.  entituled 

An  Act  concerning  Attorneys  from  foreign  parts  and  for  giving 
Priority  to  Country  debts  whereby  (besides  other  unreasonable  clauses  it 
is  most  expressly  pretended  to  be  enacted  that.  No  foreign  tiebts,  of  any 
kind  whatsoever,  (not  even  to  the  Crown)  shall  have  any  execution,  for  the 
recovery  thereof,  until  all  debts  to  the  inhabitants  of  that  Colony,  which 
were  sued  for,  at  the  time  the  British  Creditor  sued,  shall  be  payd;  Nor 
yet,  until  after  some  indefinite  time,  to  be  appointed  by  the  Courts  there 
(which  is  to  be,  at  least,  six  months)  shall  he  given,  for  all  pretended 
Country  Debt,  to  come  in  and  claim;  The  reality  of  which  Conntry 
Debts,  the  British  Creditor  has  no  possibility  of  knowing. 

That  the  said  pretended  Act  is  most  unjust,  and  illegal,  and  wiiat  no 
Assembly  in  the  Plantations  had  any  power  to  enact,  and  is  an  open 
bare-faced  fraud,  upon  the  British  Merchants,  subjects  of  the  Mother 
Country;  Whom  it  presumes  to  put,  upon  an  infinitely  worse  foot,  than 
any  sovereign  Prince,  or  State,  in  Europe,  ever  put  the  British  Subjects 
upon.  And  is  so  far  from  being  (as  is  pretended)  necessary,  or  of  use  and 
benefit,  to  the  Inhabitants  of  North  Carolina,  that  no  British  Merchant 
can  be  so  imprudent  as  to  give  a  shilling  credit  to  a  Colony  under  such 
unjust  Terms;  The  many  mischiefs  arising  from  whence,  must  be  veiy 
obvious  to  your  Lordships  discernment. 

Your  Memorialists  therefore  humbly  pray  of  your  Lordships  in  behalf 
of  themselves  &  all  His  Majesty's  Subjects,  to  take  the  most  early  oppor- 
tunity to  represent  the  said  pretended  Act  to  His  ]\Iajesty,  as  very  proper 
for  his  royal  declaration  of  the  same  to  be  null  &  void — And  your  Memo- 
rialists shall  ever  pray  &c.  W"  HAMILTON 
.lOHN  MAYNARD             .ION"  HORWARD 
GEO.  BUCHANAN             JON"  LYDENHAM 
W.  BOWDEN                       EDW  ATHAWES 
EDW  HUNT                       HUMPHREY  BELL 
JAMES  BUCHANAN        J.  HANBURY 
ROBERT  CARY  JOS.  ADAMS. 


846  COLONIAL  RECORDS. 


(Endorsed) 
Xorth  Carolina.     Virginia 
Memorial  of  the  British  Merchants  against  a  North  Carolina  Act  for 
giving  preference  to  Conntrv  debts,  Passed  in  1715  or  1716,  bv  the  late 
Lords  Proprietors  of  that  Province. 
Rec*  Jan'-^  29'"  1744 


[B.  P.  K.  O.   North  Carolina.  B.  T.  Vol.  21.  p.  SOI.] 

Sir,  [Gov.  Gabeikl  Juhnston] 

Since  onr  last  to  yon  of  the  27'"  Jnne  1745  We  laave  received  two  let- 
ters from  you  dated  June  6'"  1746  &  Jan-^  20"'  174f. 

In  the  first  of  these  in  answer  to  our  complaint  of  your  neglect  in  not 
writing  to  us  nor  transmitting  any  public  papei's  yon  tell  us  you  rather 
expected  a  reproof  for  troubling  us  too  much  as  you  had  nothing  U> 
inform  us  but  the  miseries  and  hardships  of  the  Province. 

These  certainly  are  as  necessary  to  be  communicated  to  us  as  any  other 
matters  that  concern  the  Province  and  as  you  tell  us  you  are  preparing  a 
state  of  the  Province  We  desire  it  may  be  transmitted  to  us  as  soon  as 
you  can  conveniently  as  it  will  be  impossible  for  us  without  such  infor- 
mation to  judge  what  is  projjer  for  us  to  advise  His  Maje.sty  to  do. 

As  you  have  represented  to  us  the  inconveniences  that  attend  the  repeal 
of  the  quit  rent  law  We  would  recommend  to  you  to  try  to  get  another 
passed  which  may  not  be  liable  to  the  same  objection  in  t)rder  to  which 
you  must  take  proper  methods  to  oblige  His  Majesty's  Council  to  attend 
their  duty  better  than  as  it  aj)pears  by  your  letter  they- do,  otlwrwise  it 
will  be  impossible  for  tiie  affairs  of  the  Province  to  be  regulated  as  they 
ought  to  be. 

Not  one  of  the  many  pacquets  which  you  mention  in  yoin-  other  letter 
as  sent  by  you  has  come  to  our  hands  which  we  cannot  but  think  some- 
thing extraordinary  as  we  suppose  thei'C  were  at  least  Duplicates  of  them 
transmitted. 

We  hope  the  change  of  tlie  seat  of  Government  will  be  attended  with 
the  advantages  you  propose  from  it. 

We  must  here  renew  our  instance  to  you  that  you  do  from  time  to  time 
inform  us  of  your  proceedings  and  transmit  all  such  public  pajiers  as 
your  instructions  i-equire  of  you — So  we  bid  you  heartily  farewell  and 
are  Your  very  loving  friends,  etc., 

DUPLIN.  MONSON. 

FRAN.  FANE.         R.  PLUMER. 

J  PITT.  B.  LEVESON-GOWER. 

Whitehall  Mav  26'"  1747. 


COLONIAL  RECORDS.  847 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Voi,.  21.  p.  303.] 

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

A  Memorial  having  been  presented  unto  us  by  several  British  Mer- 
chants in  behalf  of  them.'^elves  ami  of  many  others  trading  to  and  having 
large  debts  due  in  Your  Majesty's  Province  of  North  Carolina  &  Vir- 
ginia setting  forth  the  injustice  &  illegality  of  an  Act  of  As.senibly  lately 
brought  to  light  and  set  up  as  passed  under  the  late  Proprietors  of  North 
Carolina  in  the  latter  end  of  the  year  1715  or  beginning  of  1716  enti- 
tiiled  an  Act  concerning  Attorneys  from  Foreign  parts  and  for  giving 
priority  to  Country  debts  whereby  besides  pther  unreasonable  claus&s  it 
is  most  expressl_y  pretended  to  be  enacted  that  no  Foreign  debt  of  any 
kind  whatsoever  (not  even  to  the  Crown)  shall  have  any  execution  for 
the  recovery  thereof  until  all  debts  to  the  inhabitants  of  that  Colony 
which  were  sued  for  at  the  time  the  British  Creditor  sued  shall  be  paid 
nor  yet  until  after  some  indefinite  time  Avhich  is  to  be  at  least  six  months 
to  be  appointed  by  the  Courts  there  shall  be  given  for  all  pretended 
Country  debts  to  come  in  and  claim  the  reality  of  which  Country  debts 
the  British  Creditor  has  no  possibility  of  knowing  And  therefore  praying 
that  We  would  represent  the  said  Act  to  your  Majesty  as  very  proper  for 
Your  Majesty's  Declaration  of  the  same  to  be  null  and  void 

And  the  said  Act  appearing  to  us  to  have  been  continued  in  use  and 
submitted  to  in  the  .said  Province  from  the  time  of  the  passing  thereof 
We  referred  the  same  to  Your  Maj.  Attorney  &  Solicitor  General  for 
their  opinion  with  respect  to  the  validity  of  the  said  Act  and  whether  the 
same  Avas  or  was  not  repealed  by  Your  Majesty  who  have  reported  to  us 
"That  such  part  of  it  as  postpones  the  execution  on  judgments  for  For- 
"eign  debts  in  the  manner  therein  provided  is  contrary  to  reason  incon- 
"sistent  with  the  laws  &  greatly  prejudicial  to  the  inhabitants  and  there- 
"fore  not  warranted  by  the  Charter  and  consequently  and  were  of  opinion 
"Your  Majesty  might  declare  the  same  to  be  so  and  your  Royal  di.sallow- 
"ance  thereof"  Whereupon  We  humbly  take  leave  to  lay  the  .said  Act 
before  Your  Maje.sty  for  your  Royal  disapprobation  tliereof  Which  is 
most  humbly  submitted. 

MONSON  DUPPLIN 

R.  PLUMER        J.  GRENYILLE 

Whitehall  June  16'"  1747. 


848  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina  B.  T.  Vol.  U.  B.  77.] 

At  the  Court  at  Kensington  the  7*  of  August  1747. 

Present  the  Kings  most  Excellent  Majesty  in  Council. 

Whereas  an  Act  was  passed  in  the  Province  of  North  Carolina  duriijg 
the  time  the  said  Province  was  under  the  Government  of  the  late  Lords 
Proprietors,  Entitnled  "An  Act  concerning  Attorneys  from  Foreign 
Parts  and  for  giving  Priority  to  County  Debts"  which  Act,  together 
with  a  Representation  from  the  Lords  Commissioners  for  Trade  and 
Plantations  proposing  the  Repeal  thereof  having  been  referred  to  the 
Consideration  of  a  Committee  of  the  Lords  of  His  Majestys  most  Hon- 
ourable Privy  Council  for  Plantation  Affairs.  The  said  Lords  of  Com- 
mittee did  this  day  Report  their  Opinion  to  His  Majesty  that  the  said 
Act  ought  to  be  Repealed  His  Majesty  in  Council  taking  the  same  into 
Consideration,  was  graciously  pleased  to  Declare  his  Disallowance  of  the 
said  Act  And  pursuant  to  His  Majesty's  Pleasure  thereupon  expressed, 
the  said  Act  is  hereby  Repealed,  Declared  Void,  and  of  none  Effect 
whereof  the  Governor  or  Commander  in  Chief  of  His  Majestys  Province 
of  North  Carolina  for  the  time  being  and  all  others  whom  it  may  concern 
are  to  take  Notice  and  Govern  themselves  accordingly 

A  true  Copy  W.  SHARPE. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  55.  p.  12.] 

BOARD  OF  TRADE  JOURNALS. 

Tuesday  February  3'"  174f 
Present  Lord  Monson  M'  Plumer.  M'  Pitt. 
M'  Paris  attending  laid  before  the  Board  a  paper  entituled  Memorial 
of  the  British  Merchants  against  an  Act  of  North  Carolina  for  giving 
preference  to  Country  debts  passed  in  1715  &  1716  by  the  late  Lords 
Proprietors  of  that  Province  and  praying  that  the  Board  would  lay  the 
said  Act  before  his  Maje.sty  for  his  disapprobation  thereof  whereupon  the 
Board  had  some  discourse  with  him  on  the  subject  of  the  said  Memorial 
&  agreed  to  take  the  same  into  consideration  at  another  opportunity  and 
M'  Paris  in  the  mean  time  was  directed  to  naake  enquiry  and  inform  the 
Board  whether  since  passing  the  said  Act  the  same  has  been  continued  in 
use  to  the  prejudice  of  the  British  Merchants  or  others. 


COLONIAL  RECORDS.  849 


[Page  59.  J 

Tuesday  March  24""  174f 

M'  Paris  acquainted  tlie  Board  that  pursuant  to  their  directions  he  had 

enquired  whether  the  Act  passed  in  North  Carolina  in  the  year  1745 

had  been  continued  in  use  in  that  Province  from  the  time  of  passing 

thereof  and  was  informed  tlie  sanje  had  been  continued  in  use  for  that 

time  whereupon  tlie  Board  took  into  consideration  the  M'emoi'ial  of  the 

Merchants  against  the  said  Act  entituled  An  Act  concerning  Attorneys 

from  Foreign  parts  and  for  giving  priority  to  Country  debts  mentioned 

in  the  Minutes  of  the  3"*  of  Feb'^  last  and  ordered  the  Secretary  to  send 

a  copy  thereof  to  the  Attorney  and  Solicitor  General  for  their  opinion 

concerning  the  validity  of  the  said  Act  and  whether  the  same  is  repeala- 

ble  bv  the  Crown. 

[Page  S6.] 

Tuesday  May  19'"  1747. 

Read  a  letter  from  M'  Johnston,  Gov'  of  North  Carolina  to  the  Board 
dated  at  Edenton  Jan"'^  20*  174f  relating  to  the  present  state  and  condi- 
tion of  that  Province. 

(Page  87. J 

Thursday  May  21"  1747. 
The  draught  of  a  letter  to  Gabriel  Jt)hnston  Esq"  in  answer  to  two 
receiv''  from  him  was  laid  before  the  Board  and  ordered  to  be  transcribed 
as  was  likewise  the  draught  of  a  letter  to  Jas.  Glen  Governor  of  South 
Carolina  and  signed  May  2(5"'. 

[Page  91.] 

Thursday  June  4'"  1747. 
Read  the  Report  of  His  Maj.  Attorney  &  Solicitor  Gen'  dated  June  .■>"* 
1747  upon  an  Act  passed  in  North  Carolina  in  the  year  1715  by  the  Pro- 
prietors of  the  said  Province  entituled  An  Act  concerning  Attorneys  from 
Foreign  parts  and  for  giving  priority  to  Country  debts  referred  to  tlieni 
by  the  Secretary's  letter  dated  2''  of  April  last 

[Page  93.] 

Tuesday  June  16'"  1747. 
The  draught  of  a  Representation  to  His  Maj.  against  an  Act  passed  in 
North  Carolina  in  the  year  1715  mentioned  in  the  preceding  Minutes 
was  laid  before  the  Board  agreed  to,  transcribed  and  signed. 

[Page  95.J 

Tuesday  July  2P'  1747. 

Read  a  letter  from  M'  Johnston  Gov''  of  North  Carolina  to  the  Board 

dated  March  9'"  174^  transmitting  an  attested  copy  of  an  Act  for  the 

better  ascertaining  the  number  of  Members  to  be  chosen  for  the  several 

Counties  within  this  Province  to  sit  in  General  As.semblv  and  for  estab- 


850  COLONIAL  KECORDS. 


lishing  a  more  equal  representation  of  His  Maj.  subjects  in  the  House  of 
Burgesses,  and  giving  an  account  of  the  present  state  of  the  Assembly 
Ordered  that  the  above  mentioned  Act  be  sent  to  M'  Lamb  for  his 
opinion  in  point  of  law. 

[Page  101.] 

Wednesday  July  29'"  1747. 
Read  an  Order  of  the  Lords  of  the  Committee  of  Council  dated  July 
13*  1747,  referring  to  this  Board  the  humble  petition  of  the  Palatines 
in  North  Carolina  to  His  Majesty  complaining  of  Col.  Thos.  Polock  for 
having  dispossessed  them  of  tlieir  lands  in  that  Province  granted  them 
by  her  late  Majesty  Queen  Anne  and  praying  that  his  Majesty  would  be 
graciously  pleased  to  restore  them  to  the  possession  of  their  said  Land  at 
any  term  of  rent  under  his  Majesty  as  shall  be  thought  meet  and  Morris 
Walker  attending  in  behalf  of  the  petitioners  was  called  in  and  the 
Board  after  some  discourse  had  with  him  came  to  a  resolution  to  write  to 
the  Governor  of  North  Carolina  to  get  information  from  him  of  the  state 
of  the  case  and  accordingly  the  draught  of  a  letter  was  ordered  to  be 
prepared  and  copies  of  the  said  Order  and  Petition  to  be  made  in  order 
to  be  transmitted  therewitii. 

[Page  133.] 

Tuesday  October  27'"  1747. 
Read  Report  upon  an  Act  pa.ssed  in  North  Carolina  in   1746  dated 
Sept.  25'"  1747. 

[Page  148.] 

Wednesday -November  25'"  1747. 
The  following  Order  in  Council  was  laid  before  the  Board  and  the 
title  thereof  read  viz:  Copy  of  Order  in  Council  dated  7'"  Aug.  1747 
approving  a  Representation  of  this  Board  proposing  the  repeal  of  an 
Act  passed  by  the  late  Lords  Prop"  of  Carolina  concerning  attorneys 
from  Foreign  Parts  and  for  giving  priority  to  Country  debts. 


[From  the  MSS.  Records  of  North  Caroi^ina  Council  Journals.] 

COUNCIL  JOURNALS. 

North  Carolina. 

At  a  Council  held  at  Newton  5'"  March  1746  [1747] 
Present  His  Excellency  the  Governor 
N.  Rice         R.  Moore 
M.  Rowan  and 

E.  Moseley  W°°  Forbes 


COLONIAL  KECORDS.  851 


Warrants — Mag'  Cowan  200  N.  Hanover,  Joseph  Mason  200  Craven, 
Elias  Ligardere  150  D°,  Jno  Russell  200  D",  Levi  Frint  200  D",  Josias 
Jones  100  Beaufort,  Nathaniel  Everet  200  Onslow,  Jonathan  Taylor  200 
N.  Hanover,  Elias  Ligardere  150  Craven,  Maj"'  Cowan  200  Johnston,  John 
Windows  200  D°,  Geo  Kernegee  100  Craven,  D"  50  N.  Hanover,  Sam' 
Selby  600  Hyde,  David  Dunn  200  Craven,  Jn"  Lingfield  200  D",  Edw" 
Wiggons  200  D",  Moses  Fagg  300  Craven,  Thos  Dudley  100  Onslow, 
Antho:  Charles  Craft  100  D°,  W"  Stevens  200  Johnston,  Jas  Perkins 
200  Beaufort,  Jno  Willison  200  Carteret,  W"  Sheppard  300  C^raven, 
(Gilbert  Clark  150  Bladen,  Jolin  Linipson  200  Carteret 

Whites.  Blacks. 

Joshua  Joiinston  6 

Jas  Alston  2  14 

Grants — Berry  Yellson  166  Craven,  John  Wellison  100  Carteret,  Wil- 
liam Kellet  400  Onslow,  Richard  Scott  200  N.  Hanover,  Jno  Bryant  & 
Jno  Rice  640  Craven,  Nich'  Purifoy  200  D°,  Henry  Bradley  100  Bladen, 
Mary  Edwards  263  Craven,  Robert  Beverley  320  N.  Hanover,  John 
Worsley  400  Beaufort,  Valentine  Wallace  100  Carteret,  Thos  M°Clen- 
don  180  Craven,  W"  Stevens  400  D°,  Henry  Smith  200  D°,  Mich'  Rem 
200  D",  Thos  Matchett  100  D°,  John  Swindall  900  Currituck,  Benj* 
Mason  125  Hyde,  Jno  Smith  500  Beaufort,  W""  Webster  130  Hyde, 
Henry  Elom  100  D°,  Abra  Easter  lOO  D" 

Roger  Moore  Esq"'  acquainting  the  Board  that  Sir  Richard  Everard 
Barr'  deced,  sometime  before  his  death  made  and  passed  a  Deed  of  Sale 
to  him  for  1980  Acres  of  Land  lying  on  both  sides  of  Core  Creek  in 
Craven  County  the  said  Sir  Richard  having  a  Purchase  plat  for  the  same 
Dated  the  17""  day  of  Dec  1730.  And  that  on  the  Arrival  of  Jus'  Bur- 
rington  with  His  Majestys  Commission  for  Governor  of  this  Province 
on  some  Dispute  about  Blank  patents  Mr  Smith  then  Cheif  Justice  pro- 
duced Sir  Rich*  Patent  of  this  Land  which  appeared  before  the  Board 
to  be  no  Blank  plat  before  the  Governor  and  Council  and  that  by  some 
Neglect  of  Mr  Smith  the  said  Patent  was  either  lost  or  mislaid  praying 
that  a  patent  may  be  granted  hira  for  the  said  Land  at  the  Quit  rent 
mentioned  in  said  Patent  which  is  Granted  and  Ordered  that  a  patent 
issue  in  the  Name  of  the  said  Roger  Moore  Esq  for  the  said  1980  Acres 
of  Land  according  to  the  Piatt  tiiereof  now  produced  Surveyed  by  James 
Wininight  the  23''  Sep  1730  at  tiie  highest  Quitrents  then  reserved  on 
Purchase  patents  Viz' 


852  COLONIAL  RECORDS. 


At  a  Council  held  at  Newbern  7*  March  1746 

Present  His  Excellency  the  Governor 
N.  Rice  C.  Pollock 

M.  Rowan         R.  Moore, 
E.  Moseley        W.  Forbes 
Warrants — John  Hicks  100  Carteret,  Seren  Wallis  200  Craven,  James 
Alston  300  D",  Edw*  Frank  640  D°,  James  Marshall  200  D°,  Joseph 
Carruthers  100  Johnston,  John  Bell  200  N.  Hanover,  John  Slocomb  for 
3  Resurvey.     Granted 

Grants — Edward   Matchett  200  N.  Hanover,  Thos  Graves  200  D*, 
Tho'  Wyer  100  Bladen,  Arch''  M'Neal  8  D° 


At  a.Coiincil  held  at  New  Bern  21"'  March  1747 

Present  His  Excellency  the  Governor 

{Robert  Halton     Ed w'' Moseley "j     Esq"  Members 
Eleazer  Allen  and  >  of  His 

Math  Rowan        W"  Forbes       j  Majestys  Council 

Read  the  following  petitions  for  Warrants  Viz' 

Mark  Harefoot  200  Beaufort,  John  Hoard  300  D",  Cason  Brinson  200 
Currituck,  W"  Carruthers  300  Craven,  Benjamin  Blount  300  Johnson, 
Abraham  Taylor  100  D°     Granted 

l^ead  the  Petition  of  Isaac  Simons  setting  forth  that  in  right  of  his 
Wife  he  is  possessed  of  a  Tract  by  patent  granted  by  the  late  Lords  Pro- 
prietors to  Williams  Harefoot  lying  in  Craven  County  on  the  North  side 
of  Neiise  River  and  on  the  W'  side  of  lower  Bi-oad  Creek,  and  conceiv- 
ing there  is  more  Land  within  the  Courses  and  Distances  of  the  said 
Patent  than  the  same  Specifies  humbly  prays  a  Resurvey  Gi'anted  and 
Ordered  that  the  Surveyor  General  do  cause  a  resurvey  to  be  made  of  the 
said  Land  and  return  the  same  to  this  BoaVd. 

Read  the  Petition  of  John  Smith  Shewing  that  he  is  Grantee  of  a 
Tract  of  Land  lying  in  Hyde  County  on  the  South  side  of  Matchapungo 
river  and  upper  side  of  Slades  Creek  which  was  formerly  Conveyed  from 
Col"  Carey  deceased  to  Benjamin  Dutlon  Cleves  Deceased  by  Deed  as 
appears  on  Record  in  this  Government.  But  the  bounds  of  the  said  Tract 
being  somewhat  doubtfull  and  uncertain  He  humbly  prayed  a  resurvey 
agreeable  to  the  aforesaid  Deceased.  Granted  and  Ordered  that  the  Sur- 
veyor General  do  cause  a  resurvey  to  be  made  accordingly  and  return  the 
same  to  this  Board 

Read  the  Petition  of  Mary  Perkins  setting  forth  that  she  (,)btained  his 
Excellencys  Pat  for  375  Aci-es  of  Land  scituate  in  Beaufort  County  and 
being  Apprehensive  that  thro  means  of  the  ignorance  or  unskillfullness 


COLONIAL  RECORDS.  85.3 


of  tlie  Deputy  Surveyor  She  does  not  hold  anigli  the  Quantity  of  Land 
Specified  in  tlie  Patent  aforesaid  The  Petitioner  humbly  prays  a  Rasur- 
vey  thereon.  Granted  and  Ordered  that  the  Surveyor  General  cause  the 
same  to  be  resurveyed  accordingly  and  make  report  thereof  to  this  Board 
at  their  next  Sitting 

Tlieu  the  Council  Adjourned  till  the  Afternoon  3  "Clock 

The  Council  met  pursuant  to  Adjournment  Present  as  before. 
Read  the  following  petitions  for  Warrants  for  Land  Viz' 
John  Holleys  for  300  in  New  Hanover,  Matthew  White  200  D°,  Ar- 
thur Blackmail  150  D",  Southey  Rew  300  Craven,  Rob'  Thompson  250 
Beaufort,  Joseph  Gaad  300  D°,  Jno  Williams  200  Craven,  Moses  Arnold 
50  D",  James  Perdue  100  D°,  James  Adams  600  Beaufort,  W"  Alligcjod 
100  D",  Nathan  Archibald  250  D°,  Piiilip  Shute  450  D"     Granted 

At  a  Council  held  at  New  Bern  23"  March,  1747 

Present  His  Excellency  the  Governor 

'PL     [T       1  I      f  Rob'  Halton       Mat  Rowan  1  Esq"  Members  of  His 
ine  Honoble    ;  t^,  .,,         ,,t„  ,-,    ,        ]•      \ir  •    ^      /--,         -i 

[  Eleazer  Allen      \V  "  l^orbes  J       Majestys  Council 

Read  the  Petitions  of  the  following  Persons  for  Warrants  for  Land 
Viz' 

Coleman  Roe  200  Beaufort,  Simon  Jones  400  D°,  James  Willis  200 
Craven,  Joseph  Oates  100  N.  Hanover,  Edmund  Bainecastle  300  Cra- 
ven, W"  Taylor  200  New  Hanover,  Jonathan  Taylor  200  New  Hano- 
ver, Richard  Caswell  200  Johnston,  Ditto  200  D",  John  Rouse  50  D°, 
Henry  Oberry  640  Bladen,  Abraham  Colson  150  New  Hanover,  Ed- 
ward Outlaw  200  D°,  Joseph  Taler  300  Johnston,  Henry  Oberry  350 
Bladen,  Owen  Jones  &  Thomas  Ciimmiiis  250  Onslow,  Henry  Goodman 
100  New  Hanover     Granted 

Read  sundry  Petitions  for  Patents  for  Land  as  follows  Viz' 

Jno  Simpson  500  Onslow,  Rich"  Chesson  300  J)\  Rice  Price  150 
Johnston,  W"  Kennedy  400  Craven,  Jonathan  Taylor  200  New  Han- 
over, Moses  Tiler  150  D",  Daniel  Shipman  300  Bladen,  W"  Dunbar  300 
Beaufort,  James  Mackilwean  300  Bladen     Granted 

Read  the  Petition  of  VViriot  Ormond  setting-  forth  that  he  obtained 
an  Order  from  this  Board  for  resurveying  a  Tract  of  Laud  lying  in 
Beaufort  County  which  he  held  by  Patent  dated  the  16"'  of  March  174§ 
wliich  lias  been  duly  executed  and  returned  whereby  it  appers  that  the 
Lines  of  the  aforesaid  Patents  are  intersected  by  those  of  prior  Patents 
granted  unto  Anthony  McKeel  and  Seth  Pilkington  and  that  of  the 
Petitioner's  patent  aforesaid  only  410  Acres  was  to  be  found  without  the 
said  M°Keels  and  Pilkingtons  tracts     He  therefore  humbly  prays  that  a 


854  COLONIAL  KECORDS. 


Pattent  might  issue  for  the  said  410  acres  according  to  the  return  made 
into  the  Secretarys  Office  of  the  same  date  with  the  former  Patent,  that 
on  his  surrendering  the  same  the  record  thereof  might  be  amended 
agreeable  to  the  aforesaid  return  which  was  granted  and  the  old  Patent 
brought  into  Council  and  Cancelled. 

At  a  Council  held  at  Newbern  24'"  March  1747 

Present  His  Excellency  the  Governour 

f  Robert  Hal  ton     Edw"  Moselev  )    ^    „  ,r      i 

The  HonobkJ  Eleazer  Allen  and        '    I  ^^'l    M^'"!^"''^ 

(Math  Rowan        W™  Forbes       j        *'»  ^"""<^'" 

Read  the  following-  Petitions' for  Warrants  for  Land  Viz' 

James  Rhodes  200  Johnston,  Jno  Holmes  100  Onslow,  James  Stani- 
land  100  Craven,  Martin  Fntch  100  D°,  Jno  Tyson  350  Bladen,  Lewis 
Trott  200  Onslow,  Sam'  Middlcton  100  D",  W"  Williams  360  D°,  Ditto 
360  D°,  Sam'  Rawlins  200  Johnston,  Moses  Benton  100  D°,  Jno  Coup- 
land  150  Bladen,  Aaron  Smith  200  Johnston,  W"  Palmer  100  D°, 
Nicholas  Porter  100  D°,  James  Taiiers  400  Bladen,  Jacob  M'Clendou 
300  D°,  Joel  M'Clendon  300  D°,  James  China  300  Craven,  Moses  Tiler 
400  New  Hanover,  Jno  Page  300  Johnston,  Thomas  Coor  300  D°,  Solo- 
mon Beasley  150  Craven,  Sam'  Rawlins  200  Johnston,  Major  Croom 
100  D",  Jno  Smith  100  N.  Hanover,  James  M'=Ree  200  D°,  Abraham 
Boyd  350  Johnston     Granted 

Read  the  Petition  of  Jacob  Sheets  setting  forth  that  on  the  25  day  of 
Sep'  1735,  He  obtained  the  Kings  patent  for  640  Acres  of  Land  Scit- 
uate  in  Craven  precinct  as  then  called  on  the  Nortii  side  of  Trent  river 
That  by  the  Plat  thereof  annexed  he  does  not  thro'  mistake  of  the  Sur- 
veyor hold  that  Quantity  by  197  Acres  wiio  altiio  ho  has  run  out  the 
Land  agreeable  to  the  Warrant  that  is  to  say  beginning  at  a  Poplar  and 
running  down  to  a  red  Oak  on  Beaver  Creek,  has  returned  the  Plat  afore- 
said thus — Beginning  at  a  red  Oak  on  the  Creek  side  and  Runs  N°  40  E' 
240  pole  to  a  pine  then  N"  70  West  640  Pole  to  a  pine  then  S"  40  West 
240  Pole  to  a  poplai'  standing  on  a  small  branch  of  said  Creek  then  down 
the  said  Branch  to  the  first  Station  whicii  difl'ers  greatly  from  the  Courses 
of  the  Petitioners  Patent  as  appears  by  the  resiu-vey  thereof  now  before 
the  Board.  That  he  has  paid  the  rents  for  the  said  640  acres  from  the  Date 
of  the  Patent  and  made  Considerable  Improvements  thereon  That  one 
Patrick  Stanley  not  being  ignorant  of  the  Premises  obtained  a  Warrant 
for  the  aforementioned  197  Acres  which  is  surveyed  and  returned  into 
the  Secretarys  Office  and  for  which  he  intends  this  Court  to  Apply  for  a 
Grant.  The  Petitioner  humbly  prays  that  no  Grant  may  pass  to  tiie 
said  Patrick  Stanley  for  the  said  197  Acres  of  Land  till  a  hearing  be 
had  before  this  Honourable  Hoard  in  the  Premises 


COL(JNlAL  RECORDS.  855 


Wliereupon  tlic  parties  In-ing  pro.seiit  ami  the  matter  debated  Jt  is 
Ordered  tliat  tiie  Surveyor  sliall  eoiitinue  the  shortest  end  Line  120  pole 
further  out  and  from  thence  to  run  a  Line  to' the  Second  Station  men- 
tioned in  Mr  Sheets  patent  And  that  Patrick  Stanley  be  admitted  to 
compleat  the  Survey  out  of  the  back  Ijunds 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 
Henry  Goodman  200  New  Hanover,  Robert  Mills  200  Bladen,  Sam- 
uel Selby  500  Hyde,  George  Goidde  Esq'  1000  Bladen,  D°  1000  D°,  W"" 
Smitii   2(30  Craven,  W"  Whitfurd  400  D",  Thos  Nelson  200  Carteret, 
Jas  Marshal  200  Craven.     (Granted 


[B.  P.  K.  ().  NoHTH  Carolina.  B.  T.  Vol.  28.] 

LEGISLATIVE  JOURNALS. 

North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  New  Bern  the  Twenty  fifth  of 
Feb'^  in  the  Twentieth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Second  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland 
King  Defender  of  the  Faith  &  so  forth  and  in  the  year  of  our  Lord 
One  Thousand  Seven  Hundred  and  Forty  Six,  [1747]  being  the  first  Ses- 
sion of  this  Present  Assembly. 

The  writs  for  Electing  members  for  several  of  the  Countys  &  Towns 
in  this  Province  to  sit  and  Vote  in  this  Present  Assembly  being  iluly 
returned.  Pursuant  to  which  appeared  as  follows. 
Mr. Samuel Swann Speaker,  Mr.  John  Swann,         Mr.  Edward  Jones, 
Mr.  F]-ancis  Stringer,  Mr.  John  Sampson,      Mr.  Thomas  Lovick, 

Mr.  James  Mackilwean,       Mr.  Rufns  Marsden,   Mr.  Benj.  Payton, 
Mr.  John  Herring,  Mr.  John  Carruthers,  Mr.  John  Barrow, 

Mr.  John  Haywood,  Mr.  John  Dawson,       Mr.  W"  Bartram, 

Mr.  .Joseph  Howell,  Mr.  Jas  Washington,  Mr.  Samuel  Sinclare, 

Mr.  John  Starkey,  Mr.  William  Eaton,    Mr.  James  Calef. 

Who  took  the  Oaths  appointed  by  Law  for  their  Qualification  sub- 
scribed the  Te.st  and  took  their  seats  in  the  Hou.se. 

Mr.  William  Borden  t)ne  of  the  Members  of  Carteret  County  appeared 
and  acquainted  the  Gentlemen  of  his  Majesties  Honourable  Council  that 
were  appointed  to  Qualify  the  Members  of  the  Hou.se  that  he  would  not 
take  the  Oaths  appointed  liy  Law  for  the  Qualification  of  Public  Officers 
being  one  of  the  People  called  (Quakers  and  therefore  desired  his  solemn 


856  COLONIAL  RECORDS. 


affii'ination  might  be  taken  as  in  other  cases  which  said  Members  of  iiis 
Majestie's  Council  rejected. 

His  Excellency  the  Governour  sent  a  message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 

Tlie  Members  of  this  House  waited  on  his  Excellency  the  Governor 
in  the  Council  Chamber  when  his  Excellency  was  pleased  to  command 
them  to  return  and  make  choice  of  a  Speaker. 

The  House  returned  and  unanimously  made  choice  of  Mr.  Samuel 
Swann  Speaker. 

The  House  adjourned  till  9  o'clock  to  morrow  morning- 
Saturday  the  28*  of  February  1746.  [1747]     The  House  met  accord- 
ing to  adjournment. 

His  Excellency  the  Governor  sent  a  message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 

The  House  in  a  full  Body  waited  on  his  Plxcellency  the  Governor  in 
the  Council  Chamber  and  presented  Samuel  Swann  Esq''  for  Speaker. 

His  Excellency  the  Governor  was  pleased  to  approve  of  their  choice 
and  command  them  to  return  and  proceed  to  Business. 
The  House  returned. 

Benjamin  Fordham  is  appointed  serjant  at  arms  to  this  House. 
Mr.  John  Starkey  moved  that  Mr.  Speaker  issue  his  Warrant  to  take 
and  bring  the  several  Members  in  Custody  before  this  House  who  arc 
returned  by  the  Sheriffs  of  the  several  Counties  underneath  they  neglect- 
ing to  appear  to  qualifie  themselves  to  sit  and  vote  in  this  present  Gen- 
eral   A.ssembly   as   Representatives  for    the   said   several   Counties  and 
Towns,  viz:  Mr.  Stephens  Lee  and  Mr.  Maccay  for  Tyrell  County;  Mr. 
Michael  C-outauch  for  Bath  Town;  Mr.  Samuel  Stillwell  for  Edenton. 
Ordered  tliat  Mr.  Speaker  issue  his  warrant  accordingly. 
Mr.  William   Bartram   and   Mr.  Joseph   Clark  are   returned  Repre- 
sentatives to  serve  in  this  present  Assembly  for  the  County  of  Bladen. 
Several  of  the  Members  pursuant  to  the  above  Warrant  appeared  and 
Mr.  Stephens  Lee  Member  for  Tyrell  County  moved  that  bethought  the 
Writt  for  electing  members  for  Tyrell  and  the  other  Countys  were  not 
duly  executed  and  returned. 

Ordered  that  a  Message  be  sent  to  the  Clerk  of  the  crown  to  lay  the 
writs  for  electing  Members  for  the  said  several  Counties  before  this 
House. 
,  The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  adjournment. 
James  Derham  is  appointed  door-keeper  to  this  House  in  the  room  of 
who  did  not  attend. 


COLONIAIi  KECORDS.  «o7 


Mr.  Beiijainiii  Payton  moved  for  leave  to  absent  himself  from  the  ser- 
vice of  this  House  till  Monday  next. 

Ordered  he  have  leave  accordingly. 

Mr.  John  Starkey  moved  that  his  Excellency  the  Governor  be  ad- 
dressed to  direct  the  Clark  of  the  Crown  to  issue  a  Writ  for  electing  a 
person  duly  qualified  to  sit  and  vote  in  this  present  General  Assenil)lr 
for  the  County  of  Carteret  in  the  room  of  Mr.  William  Borden  who 
was  returned  a  Representative  duly  elected  for  the  said  County  But 
refused  to  take  the  Oalhs  appointed  by  Law  for  his  Qualification. 

Ordered.  That  iiis  Excellency  be  addressed  accordingly. 

The  House  adjourned  till  Monday  Morning  10  o'clock. 

Monday  tiie  second  March  1746.  [1747]  The  House  met  according 
to  adjournment. 

His  Excellency  the  Governor  sent  a  Message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 
,  The  House  in  a  full  Body  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber,  when  his  Excellency  was  pleased  to  mention  the 
necessity  there  was  for  i-eviseing  aud  printing  the  Laws  of  this  Province. 

Tiie  House  returned. 

The  House  adjourned  till  3  o'clock. 

P.  M.     The  House  met  according  to  adjournment. 

Mr.  John  Swanu  moved  for  leave  to  bring  in  a  Bill  for  an  act  for 
reviseiug  and  printing  the  Laws  of  this  Province  and  for  granting  to  his 
Majesty  a  duty  on  Rum,  for  defraying  the  charges  thereof. 

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

Mr.  John  Swann  brought  in  a  Bill  for  an  act  for  reviseiug  and  print- 
ing the  Laws  of  this  Province  &c:  Which  he  read  in  his  place. 

The  House  adjourned  till  To-morrow  8  "clock. 

Tuesday  the  3"*  Marcii  1746.  [1747]  The  House  met  according  to 
adjournment. 

The  Clerk  of  the  Crown  laid  before  this  House  the  several  Writts  for 
electing  Members,  for  the  Counties  of  Bertie,  Tyrell  Chowan  Pequimons 
and  Pasquotanck  pursuant  to  the  order  of  this  House  of  Saturday  last. 

The  House  having  inspected  the  said  several  Writs  and  the  returns  of 
the  same 

Resolved  that  the  Freeholders  of  the  said  Countys  severally  having 
contrary  to  Law  voted  by  Balloting  for  five  Members  to  represent  them 
in  the  General  Assembly  when  each  Ballot  ought  to  have  contained  the 
names  but  of  two  candidates  the  elections  for  the  said  Countvs  and  each 


858  COLONIAL  RECORDS. 


of  tlieni  are  Null  and  Void  and  that  his  Excellency  the  Governor  be 
addressed  to  direct  the  Clerk  of  the  Crown  to  issue  writts  to  elect  Mem- 
bers for  the  said  several  Counties  to  represent  the  said  freeholders  in 
General  Assembly. 

The  Writ  for  electing  Members  for  Curi'etuck  not  being  returned 

Ordered  the  Sheriff  of  said  County  be  sent  for  in  Custody  to  shew 
cause  why  he  did  not  return  said  writ. 

Read  the  Bill  for  an  act  for  reviseing  and  printing  tlie  Laws  of  this 
Province  the  first  time  and  passed. 

Ordered  the  same  be  sent  to  the  Council. 

Mr.  Samuel  Sinclare  moved  for  leave  to  bring  in  a  Bill  for  an  addi- 
tional Act  to  an  act,  intituled  an  act  to  fix  a  place  for  the  seat  of  Gov- 
ernment and  for  keeping  Public  Offices  for  appointing  Circuit  Courts 
and  defraying  the  Expence  thereof  and  also  for  establishing  the  Courts 
of  Justice  and  regulating  the  proceeding  therein. 

Ordered  that  he  have  leave,  and  that  he  prepare  ant!  bring  in  the  same 

Mr.  Samuel  Sinclare  brought  in  a  Bill  for  an  Additional  Act  to  an 
Act,  intituled  an  act  to  fix  a  place  for  the  seat  of  Government  and  so 
forth.  Which  he  read  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council  by  Mr.  Sinclare  and  Mr.  John 
Swann. 

Mr.  James  Calef  moved  for  leave  to  absent  himself  from  the  service 
of  this  House  till  Fryday  morning  next. 

Ordered  he  have  leave  to  absent  himself  accordingly. 

The  House  adjourned  till  3  o'Clock. 

P.  M.     The  House  met  according  to  adjournment. 

Received  from  the  Council  the  Bill  for  an  additional  Act  to  an  Act 
intituled  an  Act  to  fix  a  place  for  the  seat  of  Government.  Endorsed 
March  S'*  1746.  [1747]  In  the  Upper  House  read  the  first  time  and  re- 
jected. 

And  also  the  Bill  for  an  act  for  reviseing  and  printing  the  Laws  of 
this  Province  and  so  forth.  Endorsed  March  .T"  1746.  [1747]  In  the 
Upper  House  read  the  first  time  and  passed. 

Mr.  William  Eaton  moved  for  leave  to  bi'ing  in  a  Bill  for  an  act  intir 
tuled  an  act  to  repeal  the  clause  in  the  act  intituled  an  act  for  erecting 
the  upper  part  of  Craven  County  into  a  County  and  Parish  and  .so 
forth. 

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

Mr.  Eaton  brought  in  the  above  Bill  which  he  read  in  his  place 

Ordered  the  same  lye  for  consideration 


COLONIAL  RECORDS.  Hi)9 


Mr.  Sinclare  moved  that  the  Bill  for  an  act  for  reviseing  and  printing 
the  Laws  of  this  Province  and  for  granting  to  his  Majesty  a  dnty  on 
Rum  and  for  defraying  the  charges  thereof  be  read. 

Ordered  the  same  be  read. 

Mr.  John  Swann  objected  and  moved  that  the  House  resolve  into  a 
Committee  of  the  whole  House  to  debate  the  subject  matters  containefl 
in  the  said  Bill  and  unanimously  diose  Mr.  John  Starkey  Chairman. 

After  some  time  spent  and  several  Amendments  made  Mr.  Speaker 
resumed  the  chair. 

Mr.  John  Starkey  reported  that  the  Committee  had  read  the  Bill  and 
made  several  Amendments  therein  which  the  House  took  time  to  con- 
sider. 

The  House  adjourned  till  Tomorrow  morning  9  o'clock. 

Thursday  the  ■"J"'  of  March  174t).  [1747]  The  House  met  according 
to  adjournment. 

Ordered  the  Bill  he  road  which   was  left  yesterday  for  consideration. 

Read  the  said  Bill  the  second  time  and  passed  with  Amendments 

Ordered  the  same  pass  and  be  sent  to  the  Council 

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

Mr.  Herring  moved  the  Bill  for  an  act  to  repeal  a  clause  in  an  act  in- 
tituled an  act  for  erecting  the  upper  part  of  Craven  County  into  a 
County  and  Parish  and  for  appointing  a  place  for  building  a  Court 
House  Prison  and  Stocks  in  the  said  County  and  the  clause  in  an  act 
intituled  an  act  for  dividing  Edgcomb  County  and  Parish  and  for  erect- 
ing the  upper  part  thereof  into  a  County  and  Parish  by  the  narue  of 
Granvile  County  and  S'  Johns  Parish  and  for  appointing  Vestrymen  of 
the  said  Parishes  which  direct  that  all  Public  County  and  Parish  Levys 
due  from  any  of  the  Inhabitants  of  the  said  County  of  Granvile  shall 
be  collected  by  the  Sheriff  of  Edgcomb  County,  and  that  all  Public 
County  and  Parish  Levys  due  from  any  of  the  Inhabitants  of  the  said 
County  of  Johnston  shall  be  collected  by  the  Sheriff  of  Craven  County 
so  far  as  releates  to  the  Tax  or  levy  laid  and  made  payable  for  the  year 
One  Thousand  Seven  Hundred  and  forty  six  be  sent  to  the  Council 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Eaton  &  Mr.  Murray. 

The  House  adjourned  till  To  morrow  morning  9  o'clock. 

Fryday  the  6*  of  March  174().  [1747]  The  House  met  according  to 
adjournment. 

Received  from  the  Council  the  Bill  for  an  act  to  repeal  the  clause  in 
an  act  intituled  an  act  for  erecting  the  upper  part  of  Craven  County  into 


860  COLONIAL  RECORDS. 


a  County  and  Parish  and  so  forth.  Endorsed  March  5*  1746.  [1747] 
In  the  Upper  House  read  the  first  time  and  passed. 

Mr.  Eaton  moved  the  above  Bill  be  read.  Read  tiie  second  time  and 
passed. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Eaton  and  Mr.  Herring. 

Received  from  the  Council  the  Bill  for  an  Act  for  reviseing  and  print- 
ing the  Laws  of  this  Province  &c.  Endorsed  March  5""  1746.  [1747] 
In  the  Upper  House  read  the  second  time  and  passed  with  Amendments. 

Read  the  third  time  the  Bill  for  an  act  for  reviseing  and  printing  the 
Laws  of  this  Province  &c :  with  amendments. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  John  Swann  and  Mr.  Mack- 
ilwean. 

Read  the  Bill  for  an  act  to  repeal  the  clause  in  an  act  Intituled  an  act 
for  erecting  the  upper  part  of  Craven  County  into  a  County  and  Parish 
&c: — the  third  time  and  passed. 

Ordered  the  same  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  J""  Swaini  and  Mr.  Mackil- 
wean. 

Sent  the  following  address  to  his  Excellency  the  Governor. 

May  it  please  your  Excellency 

The  writs  for  electing  Members  for  the  Counties  of  Tyrell,  Bertie, 
Chowan  Pequimons  and  Pasquotank  not  being  executed  according  to 
Law  by  which  means  the  said  several  pounties  are  not  represented  in  the 
General  Assembly  of  this  Province  we  therefore  pray  your  Excellency 
to  direct  the  Clerk  of  the  Crown  to  issue  writs  for  electing  Members  to 
represent  the  said  several  Counties  in  the  next  Session  of  Assembly 

By  Order  of  the  House  SAM'  SWANN,  Speaker. 

The  House  adjourned  till  Three  o'clock. 

P.  M.     The  House  met  according  to  adjournment. 
Received  the  following  message  from  the  Council,  viz' 

Mr.  Speaker  and  Gentlemen, 

We  have  the  Bill  for  reviseing  and  printing  the  Laws  of  this  Prov- 
ince &c:  before  us  for  a  third  reading  to  which  we  conceive  divers 
amendments  ought  to  be  made  viz' 

First  that  in  laying  the  duty  on  Liquors  exception  ought  to  be  made 
of  such  as  came  to  Great  Britain. 


COLONIAL  RECORDS.  861 


Secondly  we  are  of  opinion  it  will  be  best  to  let  the  duty  comiuenee 
on  the  twenty  fifth  of  March  least  advantage  should  be  taken  by  putting 
the  time  off  till  the  first  of  May  to  introduce  great  quantities  and  thereby 
defeat  the  raising  money  as  intended  by  the  Bill. 

Thirdly  with  regard  to  the  lading  or  uidading  vessells  at  Bruns- 
wick and  Wilmington  as  much  as  divers  vessells  trading  to  Cape  Fear 
neither  lade  or  unlade  at  those  Towns  and  it  may  happen  that  by  ap- 
pointing those  two  places  there  may  be  oppertunities  of  committing 
frauds,  wherefore  we  offer  that  M'  Ross  may  be  only  appointed  as  reside- 
ing  at  Brunswick  the  Port  of  Entry. 

Fourthly  we  are  alst)  of  opinion  that  the  sums  given  by  this  Bill  to 
the  Commissioners  should  be  paid  oidy  to  those  Commissioners  who 
shall  act  as  such. 

If  your  House  shall  agree  to  such  amendments  we  desire  that  von  will 
appoint  a  Committee  of  your  House  to  see  the  same  done. 

By  Order  of  the  Upper  House.  RICH"   LOVETT  Clerk. 

Dated  at  the  Committee  Chamber  New- Bern  March  6""  1746.  [1747] 

The  House  having  maturely  considered  the  above  message  Resolved 
the  following  message  be  sent  to  the  Council,  viz' 

Gentlemen  of  his  Ma.jesty'8  Hon""  Council 

We  agree  to  the  amendment  you  propose  in  your  message  of  this  day 
relating  to  the  exception  of  the  duty  being  paid  on  Liquors  imported 
from  Great  Britain. 

And  also  to  the  amendments  yon  propose  that  the  sums  given  in  by 
this  Bill  to  the  Commissioners  shall  be  paid  only  to  those  who  shall  act 
as  such. 

But  we  cannot  agree  to  the  amendments  you  propose  that  the  Duty 
shall  commence  from  the  Twenty  Fifth  of  March  as  we  think  the  Law 
could  not  in  that  time  be  transmitted  to  the  several  Receivers  appointed 
to  receive  the  said  Duty  and  thereby  many  Inconveniencys  may  arise. 

Neither  can  this  House  agree  to  the  amendment  you  propose  that 
there  should  be  but  one  officer  who  shall  reside  at  Brunswick  to  receive 
the  said  Duty  in  the  Port  of  Brunswick  but  to  prevent  any  fraud  that 
may  be  committed,  propose  that  the  Officer  resideing  at  Brunswick  shall 
receive  the  dutys  on  Wine,  Rum  &c:  imported  in  Vessells  lading  or 
unlading  below  the  forks  of  Cape  Fear  and  the  Officer  residing  at  Wil- 
mington shall  receive  the  Duties  on  Wine,  Rum  &c:  imported  in  such 
Vessells  as  shall  lade  or  unlade  above  the  Forks. 

By  order  of  the  House  SAMUEI>  SWANN  Speaker. 

Sent  the  above  message  by  Mr.  John  Swann  &  Mr.  Starkey. 


862  COLONIAL  RECORDS. 


Received  from  tlie  Council  the  Bill  for  an  act  to  repeal  tlie  clause  in 
an  act  intituled  an  act  for  erecting  the  upper  part  of  Craven  County  into 
a  Connty  and  Parish  &c:  Endorsed.  March  6""  1746.  [1747]  In  the 
upper  House  read  the  third  time  and  passed. 

Ordered  to  be  sent  down  and  engrossed. 

Received  from  the  Council  the  following  message.  Viz' 

Mk.  Speaker  and  Gentlemen 

We  concurr  with  you  as  to  the  time  appointed  for  the  act  to  take  place 
with  regard  to  the  duty  for  the  reasons  assigned  by  you  but  as  it  seems 
evident  to  us  that  by  not  obligeing  the  Entries  to  be  made  at  Brunswick 
only  (the  proper  Port  of  Entry)  too  much  liberty  will  be  given  to  com- 
mitt  Frauds  by  unlading  between  the  two  Towns — Therefore  we  adhere 
to  onr  proposition  of  Entry  to  be  made  at  Brunswick  only  to  which  we 
desire  your  concurrence,  and  that  your  House  will  send  Members  to  see 
the  amendments  made  or  we  cannot  pass  the  Bill. 

By  order.  RICH"  LOYETT,  Clerk. 

March  G'"  1746.  [1747] 

Received  from  the  Council  the  Bill  for  an  act  for  reviseing  and  printing 
the  Laws  of  this  Province  &c:  March  6*  1746.  [1747]  Endorsed  in 
the  Upper  House  read  the  third  time  and  passed  with  amendments. 

The  House  adjourned  till  Tomorrow  10  o'clock. 

Saturday  the  7*  of  March  1746.  [1747]  The  House  met  [according 
to  adjournment. 

His  Excellency  the  Governor  sent  a  message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber  with  what  Bills 
were  engrossed. 

Mr.  Speaker  with  the  whole  house  waited  on  his  Excellency  the  Gov- 
ernor in  the  Council  Chamber  where  Mr.  Speaker  presented  to  his  Excel- 
lency the  Governor  for  his  assent  the  Bill  for  reviseing  and  printing  the 
Laws  of  this  Province  &  so  forth  and  the  Bill  to  repeal  a  clause  in  the 
act  Intituled  an  act  for  erecting  the  upper  part  of  Craven  County  into  a 
County  and  Parish  &  so  forth. 

To  which  his  Excellency  was  pleased  to  assent  and  then  prorogued  this 
Assembly  to  the  last  Tuesday  of  September  next,  tlien  to  meet  at  New- 
bern. 

Mr.  Speaker  with  the  House  returned  and  prorogued  the  Prorogation 
accordingly. 

Test:  WILLIAM  HERRITAGE,  t^lerk  General  Assembly. 


COLONIAL  RECORDS.  863 


North  C!ahcii,ina — .ss. 

At  an  Assembly  Begun  &  Held  at  New  Bei-n  the  Twenty  fifth  day  of 
February  the  Twentieth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  second  by  the  Grace  of  God  of  Great  Bi-itain  France  &  Ireland  King 
{&  so  forth)  And  in  the  Year  of  our  Lord  One  Thousand  seven  Hun- 
dred &  forty  six  [1747]  &  then  Continued  by  Prorogation  to  the  Twenty 
ninth  day  of  September  in  the  Twenty  first  Year  of  the  Reign  of  our  said 
Lord  the  King  &  in  the  year  of  our  Lord  One  Thousand  Seven  Hun- 
dred &  forty  Seven  to  be  then  Held  at  New  Bern  And  then  further  Pro- 
rogued to  the  second  day  of  October  in  the  year  Aforesaid  to  New  Bern 
being  the  Second  Sessions  of  this  Present  Assembly. 

The  Assembly  met  according  to  Prorogation. 

Mr.  Joseph  Bell  one  of  the  Members  of  Carteret  County  and  Mr. 
Clark  One  of  the  Members  for  Bladen  County  took  the  Oaths  bv  Law- 
Appointed  for  their  Qualification  Subscribed  the  Test  &  took  their  Seats 
in  the  House  accordingly 

Ordered  that  Mr.  Joiin  Swann  and  Mr.  Joseph  Howell  Acquaint  His 
Excellency  the  Governor  that  the  House  is  met  who  accordingly  went 

His  Excellency  the  Governor  by  the  above  Gentlemen  sent  to  this 
House  Commanding  their  Immediate  attendance  in  the  Council  Chamber 

Mr.  Speaker  with  the  Members  waited  on  His  Excellency  the  Gov- 
ernor in  the  Council  Chamber  where  His  Excellency  was  pleased  to 
make  the  following  Speech  which  was  Ordered  to  be  read 

Read  the  abovesaid  speech  (to  wit)  as  follows 

Gentlemen  of   His  Majesties  Councii,  Mr.  Speaker  &  Gen- 
tlemen OF  the  House  of  Burgessfjs 

It  is  with  a  Particular  satisfaction  that  I  Embrace  this  opportunity  of 
meeting  you'in  Assembly  At  a  time  when  our  trade  is  so  distressed,  Our 
Ships  Plundered  in  our  Harbours  &  our  Coa.sts  Insulted  by  a  Cruel  & 
Vigilent  Enemy,  It  will  be  a  mighty  Pleasure  to  me  to  Regulate  all 
my  Proceedings  by  your  Advice  &  with  your  Concun-ence. 

I  don't  at  all  Doubt  but  you  are  now  met  fully  determined  to  use 
your  Utmost  Endeavours  for  the  reliefe  of  your  Country  in  its  present 
unhappy  Circumstances  And  you  will  Convince  all  Mankind  that  if  we 
have  had  formerly  so  many  fruitless  Assemblys  if  so  few  good  Laws 
have  been  passed  (tho'  they  were  earnestly  pressed  &  called  upon  by  me 
to  do  it)  None  of  these  misfortunes  can  be  fairly  Ascribed  to  you  but 
were  entirely  oweing  to  that  overgrown  representation  claimed  bv  six 
Counties  who  being  always  LTnited  &  under  the  direction  of  some  sorrv 
Pettifogger    made  themselves  tools  to   their   Leaders   who   found  their 


864  COLONIAL  RECORDS. 


aeeount  in  keeping  pnbliciv  aifairs  in  Confusion  and  distraction  &  wiio 
because  they  cant  now  Domineer  over  the  whole  Legislature  are  Resolved 
as  fan-  as  lies  in  their  Power  there  shall  be  no  Legislature  at  all. 

The  Conduct  [of]  these  Gentlemen  is  Certainly  most  Unaccountable  as 
all  the  Points  in  dispute  are  now  before  his  Majestic  for  his  Royal  de- 
termination if  they  had  with  Patience  &  decency  waited  for  this  Deces- 
sion  as  became  good  &  Loyal  Subjects  it  could  never  been  of  the  least 
Prejudice  to  their  Cause  &  might  Possibly  been  of  some  service  to  it 

But  instead  of  this  to  insult  his  Majesties  Prerogative  to  treat  his 
writts  with  contempt  &  to  debauch  his  Officers  to  make  improper 
Returns  Contrary  to  their  oaths  and  Disert  the  service  of  their  Country 
in  these  times  of  Peril  and  danger  Appear  to  me  the  Oddest  methods 
that  could  be  taken  by  men  to  Recommend  themselves  to  his  Majesties 
favour. 

I  hope  Gentlemen  you  will  pnkeed  with  unanimity  &  dispatch  &  you 
may  Depend  upon  my  hearty  concurrence  in  every  measure  for  the  Pub- 
lick  benefit  GAB  JOHNSTON 

Mr.  John  Swann  &  Mr.  John  Starkey  are  Appointed  a  Committee  to 
draw  an  Address  to  his  Excellencys  speecii 
The  House  adjourned  till  3  "clock. 

P.  M.  The  House  met  according  to  adjournment 

Read  the  Petition  of  William  Sims  setting  fortii  his  infirmity  &  pray- 
ing to  be  Exempt  from  Publick  service  &  paying  Taxes  &  Prodnceinga 
Certificate  from  the  County, Court  of  Edgecomb  of  his  incapacity  of 
Publick  Service  and  paying  taxes. 

Ordered  to  be  Exempt  Accordingly 

The  House  adjourned  till  tomorrow  9  "Clock. 

Saturday  the  third  of  October  1747.  The  House  met  according  to 
adjournment. 

Mr.  John  Swann  moved  that  a  Committee  be  Appointed  to  Examine 
State  and  settle  the  Publick  accounts  of  this  Province  And  the  following 
persons  were  accordingly  appointed  (Vizt) 

Mr.  John  Swaun  Mr.  Francis  Stringer  Mr.  Rufus  Marsden  &  Mr. 
John  Carruthers  to  Joyn  those  of  the  Council. 

Mr.  Hayward  moved  that  a  Committee  be  appointed  to  settle  &  allow 
the  Publick  Claims  of  this  Province  And  the  following  persons  were 
accordingly  appointed.  Vizt 

Mr.  Thomas  Lovick  Mr.  Benjamin  Payton  Mr.  John  Heywood  Mr. 
John  Dawson  &  Mr.  John  Sampson  To  Join  those  of  the  Council 


COLONIAL  RECORDS.  865 


Mr.  John  Swann  moved  that  A  Bill  be  brought  in  for  an  Act  for 
granting  to  his  Majcstie  the  sum  of  Proclamation  money  for  <fe 

toward  building  fortifications  in  this  Province  and  so  forth. 

(Ordered  that  a  committee  be  appointed  to  bring  in  a  Bill  for  the  Pur- 
poses aforesaid  and  Mr.  John  Swann  Mr.  Starkey  and  Mr.  Thomas 
Lovick  were  accordingly  appointed. 

The  House  adjourned  till  Monday  morning  10  "Clock 

Monday  the  fifth  of  October  1747.  The  House  met  according  to 
adjournment. 

Mr.  John  Swann  from  the  Committee  to  prepare  an  address  to  his 
Excellency  the  Governor  in  Answer  to  his  Excellency's  Speech  Reported 
that  the  Committee  had  prepared  an  address.  Which  he  read  in  his  place 

Ordered  the  same  be  Engrossed  which  was  accoixlingly  done  &  is  as 
follows. 

North  Carolina — ss. 

To  His  Excellency  Gabriel  Johnston  Esq"  Cap'  General  (iuvernor  & 

Commander  in  Chief  in  &  over  the  said  Province. 

Tiie  Humble  Address  of  the  General  Assembly  of  the  said  Province 
May  it  please  your  Excellency, 

We  return  your  Excellency  our  sincere  thanks  for  your  kind  speech  at 
the  Opening  of  this  Sessions  and  the  Confidence  your  Excellency  is 
pleased  to  Express  you  have  of  our  being  met  fully  Determined  to  use 
our  l)est  Endeavours  for  the  reliefe  of  our  Country  in  its  present  unhappy 
Circumstances  which  are  rather  more  distressfull  than  your  Excellency 
hath  painted  them 

Many  of  us  iiaving  served  in  former  Assemblys  for  several  years  past 
have  with  Concern  been  witnesses  (more  than  once)  of  that  unequal  Rep- 
resentation of  those  six  Counties  your  Excellency  is  pleased  to  mention 
having  been  an  Obstruction  to  Publick  business  &  Particularly  to  many 
good  Laws  being  passed  which  liave  beeu  repeatedly  recommended  by 
you  and  the  present  Conduct  of  some  persons  in  those  Counties  but  too 
plainly  prove  the  truth  of  your  Excellencys  Observation  on  them 

We  are  well  assured  of  your  Excellencys  hearty  concurrence  with  all 
such  measui-es  as  may  be  proposed  for  the  reliefe  of  this  Province  in  its 
present  distress  And  we  shall  on  our  parts  Endeavour  by  our  Conduct  to 
convince  mankind  wo  have  nothing  so  much  at  heart  as  his  Majesties 
Interest  &  the  Good  and  Prospei'ity  of  the  People  of  this  Province 

SAMUEL  SW\\NN  Speaker 

The  House  adjourned  till  3  "Clock. 
Vol.  4—103 


866  COLONIAL  RECORDS. 


P.  M.     The  House  met  according  to  adjournment 

Sent  a  Message  to  his  Excellency  the  Governor  to  Acquaint  him  that 
this  House  was  ready  to  present  him  with  their  Address  To  which  his 
Excellency  was  pleased  to  Answer  that  he  would  receive  them  to  morrow 
morning. 

The  House  adjourned  till  tomorrow  9  "Clock-. 

Tuesday  the  6""  of  October  1747  Tiie  Hduse  met  according  to  ad- 
journment 

The  House  in  a  full  body  waited  on  his  Excellency  the  Governor  & 
presented  to  him  their  Address  Then  his  Excellency  was  pleased  to 
direct  the  House  to  return  &  proceed  to  business 

The  House  adjourned  till  tomorrow  8  "Clock. 

Wednesday  the  7"'  of  October  1747.  The  House  met  according  to 
adjournment 

The  House  adjourned  till  .3  "Clock. 

P.  M.     The  House  met  according  to  adjournment 
The  House  adjourned  till  8  "C^lock  tomorrow  morning 

Thursday  the  S""  October  1747  The  House  met  according  to  ad- 
journment 

Mr.  John  Swann  brought  in  a  Bill  for  granting  to  his  Majestie  the 
•sume  of  Proclamation  money  for  &  towards  building  Fortifications 

iu  this  Province  and  for  stamping  and  emiting  the  sume  of  Twenty  one 
Thousand  Two  Hundred  &  fifty  Pounds  Publick  Bills  of  Credit  of 
North  Carolina  at  the  rate  of  Proclamation  money  for  payment  thereof 
And  for  Exchanging  the  present  Bills  of  Credit  &  for  the  payment  of 
Publick  Debts  of  this  Province  &  for  making  pi-opcr  Provision  for 
Defraying  tlie  Contingent  Charges  of  the  Government.  Which  he  read 
in  his  place 

Ordered  the  same  to  be  sent  to  the  Council 

Mr.  John  Starkey  moved  for  leave  to  bring  in  A  Bill  for  an  Act  to 
provide  Indifferent  Jurymen  in  all  Causes  Civil  &  Criminal  And  also  A 
Bill  for  an  Act  for  regulating  the  several  Officers  fees  within  this  Prov- 
ince And  Ascertaining  the  metiiod  of  paying  the  same  Which  he  read  in 
his  Place 

Ordered  the  same  be  sent  to  the  Council 

The  House  adjourned  till  3  "Clock 

P  M.     The  House  met  according  to  adjournment 
Tiie  House  adjourned  till  tomoirow  morning  9  "Clock. 


COLONIAL  RECORDS.  867 


P'ryday  the  9""  of  October  1747  The  House  met  acrordin^-  to  ad- 
journment 

Mr.  John  Svvann  Reported  from  tlie  Coiiiinittee  of  Aceoiints  as  "^ 
book  (         )  which  was  read  &  agreed  to  by  the  House  Nemine  Cinitra 

Mr.  Thomas  Lovick  from  the  Committee  of  Claims  as  Report  (  ) 
which  was  read  &  agreed  to  by  the  House. 

Mr.  John  Starkey  moved  for  Leave  to  bring  in  a  Bill  for  an  Act  to 
Impower  Commissioners  to  settle  &  Adjust  &  Receive  the  several  D('l)ts 
due  from  Sundry  persons  in  this  Government  to  the  Publick  Whii'li  he 
read  in  his  Place 

Ordered  the  same  pass 

The  House  adjourned  for  an  liour 

His  Excellency  the  Governor  was  pleased  to  cumniand  the  immediate 
attendance  of  the  House 

The  House  in  a  full  body  waited  on  His  Excellency  the  Governw  in 
the  Coiuicil  Chamber.  AVhen  his  Excellency  was  pleased  to  make  the  fol- 
lowing speech  (Vizt) 

Nkw  Bern  October  10'"  1747 

Mr.  Speaker  &  Gentlemen-  of  the  House  of  Burgesses 

I  am  heartily  sorry  that  after  your  patient  and  Expensive  Attendance 
here  for  almost  a  fortnight  it  has  not  been  in  our  power  to  bring  any 
Business  to  perfection 

You  Gentlemen  have  done  your  parts  you  iiave  even  done  more  tiian 
could  reasonably  been  Expected  of  you 

The  sincere  Inclination  the  zeal  the  unanimity  with  which  you  entered 
into  matters  the  most  Essential  to  the  Happyness  of  this  Province  & 
Carryed  them  on  as  far  as  was  in  your  Powers  must  raise  your  Charac- 
ter with  Honest  men,  &  well  wishers  to  the  prosperity  of  this  Colony, 
at  the  same  times  that  it  reflects  shame  on  those  persons  who  upon  slight 
surmises  &  weak  pretences  have  denied  their  Assistance  to  their  Country 
in  the  present  deplorable  situation  of  Publick  Affairs 

This  much  Gentlemen  you  have  at  least  done  you  have  prepared  and 
put  in  order  Bills  of  the  greatest  Importance  for  the  next  meeting  of 
Assembly  which  I  hope  will  save  you  a  great  deal  of  time  next  spring 

It  would  be  Cruelty  in  me  Gentlemen  to  detain  you  any  longer  from 
your  own  Homes  and  Private  affairs,  and  therefore  after  returning  you 
my  most  sincere  thanks  for  your  Prudent  and  Dutifull  Behaviour  I 
Prorogue  this  Assembly  to  the  third  Tuesday  of  next  March  to  be  then 
held  in  tliis  place  and  this  Assembly  is  accordingly  Prorogued 

GAB  JOHNSTON 


868  COLONIAL   RECOEDS. 


The  Hou.st;  returned  and   Mr.  Speaker  pronounced  the  Prorogation 
accordingly 

Test  WILL-"  HERRITAGE 

Clerk  of  the  General  Assembly. 


1748. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  80.] 

Edenton  May  17*  1748. 
My  Lords  [of  the  Board  of  Trade] 

Your  Lordships  letter  of  the   ll""  of  August  1747  together  with  a 
'copy  of  the  Complaint  of  the  Palatines  Inhabiting  this  province  came 
to  my  hands  about  ten  days  agoe,  and  in  the  same  pacquit  another  letter 
dated  May  26'"  1747. 

I  am  glad  the  ca.se  of  the  poor  Palatines  is  laid  before  his  Majesty  and 
wisii  it  was  in  my  power  to  point  out  a  proper  method  for  their  relief 
they  are  a  very  sober  Industrious  people  and  certainly  had  a  great  many 
of  their  near  relations  murder'd  in  the  Indian  war  and  yet  are  in  a 
wor.se  condition  then  any  of  his  Majestys  Subjects  in  this  Province  for 
besides  the  common  Quit  rents  they  want  to  oblidge  them  to  pay  two 
pence  Proclamation  for  every  Acre  which  Amounts  to  sixteen  Shillings 
&  eight  pence  ]iroclamation  money  or  Twelve  Shillings  and  sixpence 
Sterling  money  '^  one  hundred  Acres  which  is  a  most  intollerable  load 
Especially  if  they  in.sist  on  the  Arrears.  I  have  had  the  heirs  of 
Thomas  Pollock  and  the.se  people  before  me  several  years  ago  And  made 
a  Pertieular  Enquiry  into  the  circumstances  of  this  Affair  And  found  by 
papers  and  other  Proofs  then  brought  before  me  the  Allegations  which 
they  have  now  laid  before  his  Majesty  to  be  true.  The  only  answer  I 
could  get  from  the  heirs  of  the  said  Pollock  was  what  follows.  They 
allowed  that  the  Baron  de  Graffenreed  settled  some  of  the  Palatines 
upon  the  land  they  now  live  upon  but  liad  no  Patent  for  it,  that  the  .said 
Baron  was  at  Considerable  more  charge  in  furnishing  the  Palatines  with 
provisions  then  the  amount  of  what  money  he  had  in  his  hands  on 
their  Account  which  run  the  Baron  in  debt  to  their  Father  between  Six 
and  Seven  hundred  pounds  Sterling  for  which  sum  the  Baron  gave 
bills  of  Exchange  which  Bills  were  returned  protested:  That  upon  this,  • 
the  Baron  Mortgaged  all  his  Estate  in  this  Province  both  real  and  per- 


COLONIAL  RECOllDS.  869 


sonal  for  the  payment  of  said  debt  and  promised  to  give  some  other  bills 
Indorsed  by  some  able  man  in  Virginia  bnt  returned  into  Germany 
without  doing  it  that  their  Father  Old  Pollock  after  that  obtained  a  De- 
cree_  in  Chancery  for  said  Estate  giving  the  Baron  two  years  from  that 
time  to  redeem  it  which  we  [he]  failing  to  do  these  lands  were  surveyed 
and  patented  in  Pollock  name  that  as  they-  Pollocks  heirs  apprehended 
they  had  a  legal  right  to  the  lands  they  would  not  depart  from  any  of 
their  Pretentions  unless  compelled  by  Law  and  as  the  Palatines  had 
lived  on  their  Lands  for  so  many  years  they  should  pay  to  them  the  same 
rent  as  they  had  agreed  to  do  to  the  Baron  at  that  time  I  advised  the 
Palatines  to  apply  to  Chancery  for  relief  but  as  they  are  not  well  ac- 
quainted with  our  language  and  ignoi'ant  of  our  Laws  they  were  afraid  to 
commence  a  suit  and  I  never  heard  more  of  it  since  I  cant  pretend  to  offer 
anything  to  your  Lordships  forthe  relief  of  these  poor  people  whocertainly 
Deserve  pity;  If  his  Majesty  thought  proper  to  send  orders  to  his  Gov- 
ernor here,  to  grant  them  Lands  Equivalent  for  the  Acknowledgement  ol 
A  pepper  corn  when  demanded  Instead  of  Quit  rents,  it  might  make  them 
some  amends  for  the  loss  of  their  Improvements.  As  for  Pollocks 
demands  of  Arrears  their  Agent  wou'd  do  well  to  consult  his  Majesty's 
Attorney  General  in  England  on  that  subject,  whose  Advice  would  have 
the  great  Weight,  If  their  case  shall  ever  come  before  any  of  tiie  Courts 
of  this  Province;  I  am  sorry  I  can  say  no  more  to  your  Lordships  on 
this  head.  In  answer  to  the  letter  of  the  26*  of  May  1747.  I  do  assure 
your  Lordships,  that  I  never  write  without  sending  Duplicates,  at  least, 
some  times  more  copies,  to  convince  your  Lordships  how  unfortunate  I 
am  in  my  correspondence  with  your  Board  I  shall  only  mention  this 
Instance  there's  nothing  I  have  more  at  heart  tiien  to  know  his  Majesty's 
pleasure  concerning  the  Laws  passed  at  Wilmington  in  November  1746, 
because  the  peace  and  Settlement  of  the  Proviuce  depends  very  much 
upon  it ;  I  tooke  particular  care  to  have  them  sent  to  your  Lordships 
with  my  Observations  at  length  on  one  of  the  laws  Entituled  An  Act 
for  an  equal  representation  in  the  house  of  Burgesses  I  am  Informed 
these  Pacquets  got  safe  home  in  the  Month  of  May  1747.  And  yet  I  am 
now  told  by  a  Gentleman  lately  Arrived  from  London  that  they  were 
never  sent  to  your  Lordship  but  lay  at  Mr.  Samuel  Wragg's  house  last 
Christmass:  I  have  wrote  to  that  Gentlenian  and  desired  him  to  send 
them  to  your  Lordship  whether  he  will  do  it  or  not  I  cant  tell  perhaps 
he  may  deliver  them  to  Mr.  McCulloch,  whom  the  members  of  the  six 
Countys  have  sent  home  as  their  Agent,  if  so  they  will  never  more  be 
heard  of  (I  am  told  the  main  Objection  he  brings  Against  the  validity  of 
these  Laws  is  the  smallness  of  the  number  present  in  the  house  of  Bur- 


870  COLONIAL  RECORDS. 


gesses  when  these  Laws  were  passed  its  true  indeed,  there  was  not  much 
above  a  fourth  part  of  the  Members  of  that  House  present  at  that  time 
but  tiie  true  reason  of  tiiat  was  because  the  Members  which  these  six 
Countys  claim  a  right  to  send  amounting  in  all  to  twenty  nine,  which  is 
a  Majoi'ity  of  Fifty  four  the  number  of  the  whole  had  entered  into  a 
Solemn  Agreement  among  themselves  to  Disobey  the  proi'ogative.  And 
consequently  to  make  a  meeting  of  Assembly  Impossible;  for  A  proof  of 
this  fact  I  enclose  two  Affidavits  among  many  which  I  would  have  sent, 
&  hope  they  will  have  due  weigiit  with  your  Lordships,  when  this  AtFair 
shall  come  under  your  consideration)  If  Mr.  McCulloch  lays  his  case 
before  the  Attorney  General  for  his  Opinion  (as  I  am  informed  he  intends) 
I  am  afraid  he  will  sink  this  last  fact. 

I  am,  your  Lordships,  <&c., 

GAB  JOHNSTON 

P.  S.  I  have  sent  your  Lordships  another  copy  of  the  miiuites  of 
Assembly  which  met  at  Wilmington  1746.  In  the  minutes  of  the  House 
of  Burgesses,  your  Lordships  will  observe  that  there  was  two  proroga- 
tions after  the  first  to  give  the  northern  Burgesses  time  to  come  up;  so 
that  it  could  be  no  surprise  upon  them  &  their  Absence  was  entirely 
oweing  to  a  previous  Agreement  they  had  made  to  disobey  the  proroga- 
tion, Ten  members  were  Absent  some  by  reason  of  sickness,  others  on 
their  Lawfull  reasons  who  heartily  approve  of  these  Laws. 


[B.  P.  R.  O,  North  Carolina.  B.  T.  Vol.  21.  p.  311.] 

Sir,  [Gov.  Gabriel  Johnston] 

******* 

We  have  never  received  the  state  of  the  Province  under  your  govern- 
ment promised  us  in  your  letter  of  6*  June  1746  nor  any  Acts  Minutes 
of  the  Council  or  Assembly  nor  any  other  public  papers  which  you  are 
directed  by  your  Instructions  to  send  us.  We  must  desire  that  you  no 
longer  delay  supplying  these  omissions  and  we  must  also  remind  you  of 
our  General  Heads  of  Enquiry  formerly  sent  you  to  which  we  de.sire 
you  will  as  soon  as  possible  send  us  full  and  particular  answers  that  we 
may  be  minutely  informed  of  every  circumstance  relative  to  the  state  of 
your  Province  and  that  you  will  every  six  months  send  us  accounts  of 
any  alterations  that  may  happen  therein. 

We  must  likewise  desire  you  to  send  us  an  exact  state  of  His  Maj. 
Oouncil  in  your  Province  with  the  names  of  such  as  are  dead  or  absent 


COLONIAL  RECOKDS.  871 


and  tlie  dates  of  their  respective  licenses  for  such  absence  and  for  how 
long  also  the  names  of  persons  proper  to  snpply  any  vacancies  that  may 
happen  in  tiie  said  Council  pursuant  to  your  instructions. 

Inclosed  we  send  you  a  printed  Copy  of  an  Act  passed  here  in  the 
last  Session  of  Parliament  for  encouraging  tiie  making  of  Indigo  in  the 
British  Plantations  in  America  which  we  hope  will  promote  the  cultiva- 
tion of  this  valuable  commodity  in  all  His  Maj.  Colonies  where  the  same 
is  or  may  be  produced  and  We  recommend  it  to  your  particular  care  that 
the  several  provisions  therein  to  prevent  indigo  of  the  growth  of  For- 
eign Countries  being  imported  from  our  own  Colonies  into  Great  Britain 
in  order  fraudulently  to  obtain  the  bounty  be  honestly  and  punctually 
complied  with  so  far  as  they  are  to  be  executed  in  your  Province.  It  is 
of  no  less  consequence  that  the  indigo  of  Carolina  should  be  merchanta- 
ble and  of  a  proper  standard  as  upon  this  will  depend  the  continuation  of 
the  Bounty  You  are  therefore  to  recommend  it  to  the  Planters  to  be 
very  careful  in  the  planting  curing  and  packing  their  indigo  to  the  end 
that  they  may  equal  if  not  excel  the  French  in  this  Commodity 

You  are  to  transmit  to  us  by  the  first  opportunity  an  account  of  the  sev- 
eral Plantations  of  indigo  in  your  Province  the  names  of  the  planter  with 
the  quantity  of  indigo  they  make  as  also  the  quantity  of  indigo  exported 
from  the  Province  distinguishing  the  time  when  and  the  port  where 
shipped — the  names  of  the  vessels  and  ports  to  which  bound  as  also  an 
account  of  the  quantity  of  Foreign  indigo  if  any  imported  into  your 
Province  and  the  time  when  imported  together  with  an  account  of  such 
indigo  exported  distinguishing  tiie  time  when  and  the  Port  where 
shipped  the  names  of  the  Vessels  and  the  Ports  to  which  bound  and  you 
must  not  fail  to  send  us  the  same  accounts  regularly  every  six  months 
that  we  may  be  as  exactly  informed  as  the  nature  of  the  thing  will 
admit  of  the  increase  or  decrease  of  the  produce  &  exports  of  indigo 
from  the  Province  under  your  Government. 

We  likewise  send  you  inclosed  an  Act  passed  in  the  20""  year  of  His 
present  Maj.  Reign  entituled  An  Act  to  extend  the  provisions  of  an  Act 
made  in  the  13""  year  of  His  present  Maj.  Reign  entituled  an  Act  for 
naturalizing  Foreign  Protestants  and  others  therein  mentioned  as  are  set- 
tled or  shall  settle  in  any  of  His  Maj.  Colonies  in  America  to  other  For- 
eign Protestants  who  conscientiously  scruple  the  taking  of  an  oath. 

So  we  bid  you  heartily  farewell  &  are 
You  very  loving  friends,  &c., 

J.  PITT  B.  LEVISON-GOWER 

J.  GRENVILLE        DUPPLIN 

Whitehall  June  17*  1748 


872  COLONIAL  RECORDS. 


P.  S.  We  think  proper  to  inform  you  that  Preliminaries  for  a  Peace 
have  been  signed  at  Aix-la-Chapelle  by  the  Ministers  of  all  the  Powers 
engaged  in  the  War  J.  PITT. 


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

NoETH  Carolina,  Edenton  July  9,  1748 
Reverend  Sir,  [to  the  Secretary] 

In  February  past  I  remov'd  with  my  Family  to  another  Rented  House 
about  a  Mile  and  a  half  from  Town  &  between  Easter  &  Whitsuntide  I 
journey'd  thro'  my  North  Mission  preaeh'd  about  16  Sermons  within  3 
weeks  and  baptized  about  347  Persons — the  Congregation  were  more 
numerous  in  Currituck  than  heretofore  &  generally  behave  devout  & 
orderly — We  were  obliged  there  several  times  to  perform  Divine  Service 
under  ye  Shady  Trees,  the  Chapels  nor  Court  House  being  not  large 
enough  to  contain  one  half  of  the  People.  I  do  purpose  (God  willing) 
to  set  out  in  Sept'  next  to  perform  my  like  Duties  through  my  South 
Mission. 

Our  Church  is  cover'd  at  last,  but  not  finished  neither  have  I  hear<^ 
what  is  become  of  the  Folio  Bible,  Common  Prayer  Book  &  ye  other 
Books  you  mention'd  nor  of  Mr  Na*;h'  Matthews — I  should  be  glad  to 
hear  from  you  &  i-eceive  jiome  yearly  abstracts  for  4  or  5  years  past,  & 
(if  the  Society  please)  some  of  Cotervalds  Chatechisms  &c — My  Brother 
Missionary  Mr  Moir  has  been  employ'd  in  Edgecomb  Parish  in  this 
North  part  of  the  Province  ever  since  Easter  was  twelve  months — I  pur- 
pose to  write  again  the  Fall  of  the  year.  Total  of  what  I  have  baptized 
is  about  2592  Persons 

Reverend  Sir,  Your  most  obliged  faithful  Serv' 

CLEMENT  HALL 

I  learn  that  the  Widow  Garzia  is  but  in  low  circumstances,  chiefly  by 
reason  of  her  deceased's  Husband's  Expenses  &  trouble  in  sueing  for  his 
Dues  which  occasioned  him  to  be  very  much  behind  hand  in  the  world  & 
ye  creditors  of  late  have  sold  all  both  Lands  &  Houses.  She  returns 
hearty  thanks  to  ye  Hon"'  Society  for  their  former  bounty  to  her  and 
desires  to  know  whether  there  is  anything  allow'd  yearly  for  the  Mission- 
aries Widows — Since  the  war  commenced  Goods  are  excessively  dear  & 
besides  ye  Industry  of  herself  &  children  she  hath  but  little  left  to  sup- 
port herself  withal.  She  humbly  prays  ye  Worthy  Society  to  consider 
her  helpless  condition  &  allow  her  some  further  supply  as  they  shall 


COLONIAL  RECORDS.  873 


think  jiroper,  whereby  she  may  be  enabled  to  redeem  her  Ijotts  and 
Houses  and  to  maintain  herself  and  three  children  (with  their  own  care 
and  Industry)  from  Penury  &  contempt 

Yrs  &c  CLEM'  HALL. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  21.  p.  S18.] 

To  the  Right  Hon"°  the  Lords  of  the  Committee  of  His  Majesty's  most 

Hon"'  Privy  Council. 
My  Lords, 

Pursuant  to  Your  Lordships  Order  of  the  IS""  of  July  1747  We  have 
taken  into  our  consideration  the  humble  petition  of  the  Palatines  in 
North  Carolina  complaining  of  their  having  been  dispossessed  of  lands 
granted  to  them  in  that  Province  by  her  late  Maj.  Queen  Anne  by  Col. 
Thomas  Pollock  and  that  the  heirs  of  the  said  Pollock  have  turned  them 
otf  their  possessions  and  humbly  praying  that  His  Majesty  will  be  gra- 
ciously pleased  to  restore  them  to  the  possession  of  their  said  Lands  at 
any  term  of  rents  under  His  Maje.sty  as  shall  be  thought  meet,  Where- 
upon we  take  leave  to  acquaint  your  Lordships 

That  we  were  attended  upon  thi?  occasion  by  Morris  Walker  one  of 
the  said  Palatines  in  the  behalf  of  the  said  petitioners  who  represented 
to  us  tiiat  they  were  a  laborious  people  who  had  for  many  years  been 
employed  in  manufacturing  Pitch  and  Tar  during  which  time  they  had 
struggled  with  great  hardships  as  alleged  in  the  said  petition  and  amongst 
other  things  informed  us  that  tliere  had  been  several  years  ago  proceed- 
ings at  law  in  that  Province  between  the  said  Col.  Thomas  Pollock  and 
the  Petitioners  in  con.sequence  of  which  the  Petitioners  had  been  dispos- 
sessed of  the  lands  upon  which  they  were  first  .settled  but  the  information 
of  the  said  Morris  Walker  with  respect  to  those  tran.sactions  being  very 
imperfect  We  thought  it  advisable  to  transmit  a  copy  of  the  said  petition 
to  Gabriel  Johnston  Esq.  His  Majesty's  Governor  of  the  Province  of 
North  Carolina  and  to  direct  him  to  send  us  a  particular  account  of  this 
affair  in  answer  to  which  in  his  letter  to  us  dated  the  17""  of  May  1748 
he  informs  us  that  the  Palatines  are  a  very  sober  industrio"us  people  and 
had  a  great  many  of  their  near  relations  murdered  in  the  Indian  war 
and  yet  are  in  a  worse  position  than  any  of  His  Maj  subjects  in  that 
Province  for  besides  the  common  Quit  Rents  they  want  to  oblige  them 
to  pay  two  pence  Proclamation  for  every  Acre  which  amounts  to  sixteen 
shillings  and  eight   pence  Proclamation   money  or  twelve  shillings  and 


874  COLONIAL  RECOEDS, 


six  pence  sterling  Money  for  one  luindved  Acres  which  was  a  most  intol- 
lerable  load  especially  if  they  insisted  upon  the  arrears.  That  he  had  the 
heirs  of  Thos.  Pollock  and  these  people  before  him  several  years  ago 
and  made  a  particular  enquiry  into  the  circumstances  of  this  affair  and 
found  by  papers  and  other  proofs  brought  before  him  the  allegations 
which  they  have  now  laid  before  His  Majesty  to  be  true  That  the  only 
Answer  he  could  get  from  the  heirs  of  the  said  Pollock  was  that  they 
allowed  that  the  Baron  de  Graffenreidt  settled  some  of  the  Palatines  upon 
the  lands  they  now  live  upon  but  had  no  patent  for  it,  that  the  said 
Baron  ^as  at  a  considerable  more  charge  in  furnishing  the  Palatines 
with  provisions  and  necessarys  than  the  amount  of  what'  moneys  he  had 
in  his  hands  on  their  account  which  run  the  Baron  in  debt  to  their 
Father  between  six  and  seven  hundred  pounds  sterling  for  which  sum 
the  Baron  gave  Bills  of  Exchange  which  Bills  were  returned  protested 
That  upon  this  the  Baron  mortgaged  all  his  estate  in  that  Pi-ovince  both 
real  and  personal  for  the  payment  of  the  said  debt  and  promised  to  give 
some  other  Bills  endorsed  by  some  able  men  in  Virginia  but  returned 
into  Germany  without  doing  it  That  their  Father  after  that  obtained  a 
decree  in  chancery  for  said  Estate  giving  the  Baron  two  years  from  that 
time  to  redeem  it  which  he  failing  to  do  these  lands  were  surveyed  and 
patented  in  Pollock's  name  that  as  they  (Pollock's  Heirs)  apprehended 
they  had  a  legal  right  to  the  lands  they  would  not  depart  from  any  of 
their  pretensions  unless  compelled  by  law  and  as  the  Palatines  had  lived 
on  their  lands  for  so  many  years  they  should  pay  to  tliem  the  same  rent 
as  they  had  agreed  to  do  to  the  Baron  That  at  that  time  he  advised  the 
Palatines  to  apply  to  Chancery  for  relief  but  as  they  were  not  well  ac- 
quainted with  the  language  &  ignorant  of  the  Laws  they  were  afraid  to 
commence  a  suit  and  he  never  heard  more  of  it  since. 

Therefore  as  it  appears  that  the  said  Col.  Thomas  Pollock  did  obtain 
a  Decree  in  the  Court  of  Chancery  in  that  Province  from  which  there 
has  been  no  appeal  and  that  the  lands  were  afterwards  surveyed  &  pat- 
ented in  his  name  We  are  of  opinion  that  His  Majesty  cannot  comply 
with  the  prayer  of  the  said  Petition,  but  in  consideration  of  the  re- 
peated hardships  which  these  people  who  have  been  so  many  years  set- 
tled in  North  Carolina  have  suffered  by  being  dispossessed  of  their 
Lands  and  the  advantages  which  will  arise  to  the  said  Province  by  the 
continuance  there  of  a  number  of  useful  &  industrious  inhabitants  We 
would  submit  to  Your  Lordships  whether  it  may  not  be  advisable  that 
His  Maj.  Governor  of  the  said  Province  be  directed  to  make  a  Grant  or 
Grants  to  the  said  Petitioners  of  so  much  Land  in  the  said  Province 
hitherto  ungranted  as  shall  be  equivalent  to  the  Lands  they  have  been 


COLONIAL  RECORDS.  875 


dispossessed  of  to  be  free  from  Quit  rents  for  the  first  ten  years  &  after- 
wards to  pay  the  aceiistomed  quit  rents  of  four  shillings  Proclamation 
money  for  every  hundred  acres  agreeable  to  the  tenor  of  his  Maj.  In- 
structions to  the  said  Governor  And  provided  that  he  take  care  in  the 
making  of  such  Grant  or  Grants  that  the  said  shall  become  void  as  to 
so  much  of  the  said  land  as  shall  not  be  cultivated  within  ten  years  of 
the  date  of  each  respective  Grant  And  if  it  shall  be  His  Maj.  pleasure 
to  comply  with  these  proposals  We  would  further  submit  whether  it 
may  not  likewise  be  advisable  that  the  said  Governor  should  receive  his 
Maj.  directions  to  recommend  to  the  Assembly  of  that  Province  to  make 
provision  for  defraying  the  charge  of  surveying  the  Lands  so  to  be 
granted  and  of  issuing  the  Grants  for  the  same  or  that  the  said  Petition- 
ers may  be  eased  of  the  expense  attending  the  said  survey  and  grants  in 
such  otiier  manner  as  your  Lordships  shall  think  proper. 
We  are  My  Lords,  &c.,  J.  PITT 

J.  GRENVILLE 
Whitehall  August  SO'"  1748.  DUPPLIN. 


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

North  Carolina  Sep.  20"'  1748. 
Reverend  Sir,  [to  the  Secretary] 

I  have  rec'd  y"  of  y°  4""  of  February  past,  as  also  a  Box  with  Books ; 
and  my  own  things  from  Mr  Hughes  tho'  with  some  loss.  The  Parish- 
ioners joyn  with  me  in  returning  hearty  thanks  to  the  worthy  Society  for 
the  Folio  Bible  &  Prayer  Book,  tho'  one  Church  is  not  yet  finished. 

I  have  distributed  most  part  of  y'  other  Books  among  y'  poor  &  most 
proper  &  deserving  of  y"  People,  who  with  me  return  hearty  thanks  (in 
a  Letter  to  Mr.  Benjamin)  to  all  y'  Benefactors  I  have  enclosed  to  M' 
Hughes  my  S^  Bill  of  Exch"  for  £50  Sterling  due  Midsummer  past  & 
pray  it  may  not  fail  being  amended. 

By  reason  of  my  own  &  Familys  sickness  &  bad  weather  I  am  disap- 
pointed if  my  long  Journey  of  near  400  miles  to  the  Southward  at  pres- 
ent, (&  is  y^  first  time  I  have  been  hindered  performing  my  Dutv  thro' 
my  Mission  which  I  endeavour  twice  a  year)  but  purpose  God  willing  to 
set  out  in  y"  Spring — Please  to  favour  me  with  y"  annual  abstracts  of  y" 
years  47  &  48  by  Mr.  Hughes — I  am  with  humble  thanks  and  Service 
to  the  Hon"'  Society  Reverend  Sir,  Your  and  their  most,  &c., 

CLEMENT  HALL. 


876  COLONIAL  RECORDS. 


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

Newberne  October  15.  1748 
Sir,  [to  the  Secretary] 

You  may  probably  be  surprised  that  I  have  not  loug  before  this  time 
returned  my  hearty  thanks  to  the  Hon'''"  &  Reverend  Society  for  the 
honour  they  have  done  me  in  choosing  me  a  member.  I  assure  you  Sir 
it  does  not  proceed  from  any  want  of  the  sense, of  the  obligation  I  am 
under  for  so  great  a  favour.  But  as  I  have  been  for  these  two  years  past 
soliciting  for  leave  to  go  home,  I  was  resolved  to  make  my  acknowledg- 
ments in  person,  and  at  the  same  time  to  lay  before  them  a  more  exact 
account  of  the  State  of  the  affairs  of  this  country  than  lias  hitherto  been 
done. 

The  reason  of  my  troubling  you  at  present  is  to  recommend  to  the  So- 
ciety by  your  means  the  Rev*  Mr.  Bevis  who  has  officiated  as  Minister 
in  New  Brunswick  on  Cape  Fear  River  for  these  two  years  past,  to  the 
universal  satisfaction  of  the  People;  both  for  the  Integrity  of  his  Life 
and  the  soundness  of  his  doctrine. 

This  Gentleman  lived  many  years  as  a  Layman  in  this  country  &  was 
even  then  when  under  no  restraint  from  the  "character  of  his  Function, 
generally  esteemed  &  respected  by  all  the  Gentlemen  there  for  the  Inno- 
cence of  his  Life,  and  a  blameless  conversation  It  is  but  within  these  4 
years  that  he  discover'd  to  some  of  his  intimate  acquaintances  that  he  was 
in  orders.  He  has  since  produced  to  me  authenti(d<  Exemplifications  of 
his  being  ordained  Deacon  &  Priest  by  the  Lord  Bishop  of  Peterborough 
in  the  latter  end  of  the  Reign  of  Queen  Anne,  if  I  am  not  mistaken  1711. 

Mr.  Moyer  the  Missionary  for  the  Southern  parts  of  this  Province ; 
about  2  years  ago  did  without  asking  leave  of  any  body  remove  himself 
from  Cape  Fear  to  that  part  of  the  Country  adjoining  to  the  Virginia 
Line  and  has  never  officiated  since  as  Missionary  Mr.  Bevis  has  done 
all  he  can  to  supply  this  loss  in  his  neighbourhood.  But  the  want  of  a 
Minister  is  very  sensibl)'  felt  in  that  large  District,  and  a  Multitude  of 
children  are  unbaptized. 

Everybody  I  have  conversed  with  earnestly  wish  the  Society  would 
appoint  Mr.  Bevis  as  their  Missionary,  as  he  is  a  person  theyjiuow,  have 
a  good  opinion  of,  and  whose  Constitution  is  enur'd  to  the  Climate,  and 
consequently  will  enable  him  to  bear  the  fatigues  of  his  Labourus  Func- 
tion much  better  than  any  stranger  can  do. 

I  am.  Sir,  your  most,  &c., 

GAB.  JOHNSTON. 


COLONIAL  RECORDS.  877 


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

Cape  Fear  Nov'  First  1748. 
Sir:  [to  the  Secretary] 

His  Excellencie  Governor  Johnston  having  wrote  to  yon  in  my  beiialf; 
that  I  might  be  made  a  Missionary  tor  this  District  in  the  room  of  Mr. 
James  Moyer  who  left  the  same  above  15  Mouths  agoe,  I  write  this  to 
you  to  obviate  an  objection  that  may  be  raised  against  me  Viz'  whether 
I  be  the  same  Christopher  Bevis  the  exemplification  of  my  Priests  orders 
mentions  to  clear  np  which  doubt  I  have  thought  it  proper  to  let  you 
know  the  place  of  my  Birth  Education  &  what  cures  I  served  when  in 
England.  The  place  of  my  Birth  is  Peterborough  in  Northamptonshire 
at  which  Free  School  I  was  educated  till  the  year  1703  at  which  time  I 
went  to  Emanuel  College  in  Cambridge  where  I  abode  the  best  part  of 
six  years  in  which  time  I  took  the  Degree  of  Bachelor  of  Arts.  Some- 
time afterwards  witii  a  Testimonial  from  the  said  College  I  enter'd  into 
the  Orders  of  Deacon  at  Peterborougji  &  in  the  year  1711  I  entered  into 
Priests  Orders  at  the  same  Cathedral  Church.  After  this  I  served  in 
the  cure  of  Barnack  in  Northamptonshire,  seven  miles  distant  from  Pe- 
terborough, about  the  space  of  six  or  seven  winters  the  Rev"  Squire 
Payne  Rector  of  Barnack  son  in  Law  &  Chaplain  to  the  then  Bishop  of 
Peterboro'  officiated  in  the  said  cure  iiimself  during  the  Summer  Seasons 
— afterwards  I  served  in  the  cure  of  Paston  two  miles  distant  from 
Peterborough  about  the  space  of  three  years — the  last  cure  I  served  was 
at  Wilby  in  the  aforesaid  County  where  I  continued  5  or  6  years,  but 
during  the  last  7  years  I  deem'd  myself  an  unfit  pereon  to  officiate  in 
the  Priests  Office  but  necessity  forced  me  so  to  do — what  rendered  me 
unfit  was  a  frequent  bleeding  of  the  Nose  which  increased  'till  the 
meridian  of  Life  this  and  continued  disappointments  rendered  my 
head  extremely  weak  &  filled  with  melancholy — in  this  conditit)n  I 
thought  it  better  to  lay  down  the  Priests  Function  than  to  serve  to  dis- 
honor it — this  I  did  in  the  year  1728  and  in  the  year  following  I  came 
to  this  place  where  I  liave  contituicd  ever  since,  &  by  slow  degrees 
(thanks  be  to  God)  I  have  got  a  good  state  of  health — the  reasons  of  my 
laying  down  the  Office  of  a  Priest  ceasing  and  the  great  want  of  a  Min- 
ister in  the  place  induced  mo  to  take  it  up  again 

That  the  same  Christopher  Bevis  who  did  take  Priests  Orders  at  Pe- 
terborough in  the  year  1711  is  now  at  Cape  Fear  my  Elder  Brother  Mr. 
Miles  Bevis  of  the  said  place  (if  alive)  can  ascertain — I  having  wrote 
several  I^etters  to  him,  some  of  which  I  am  assured  came  to  his  hands. 
I  am  Sir,  Yonr  most,  &c.,  CHR:  BEVIS. 


878  COLONIAL  RECORDS. 


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

Edgcombe  County  Nov'  22"''  1748 
Rev*  Sir,  [to  the  Secretary] 

When  I  was  preparing  to  leave  this  Province  in  the  Spring,  many  of 
our  communion  told  me  they  thotigiit  it  my  duty  to  continue  not  only 
because  they  were  pleased  with  my  labours  but  more  especially  because  a 
great  number  in  the  County  had  turu'd  Baptists  for  want  of  a  clergy- 
man and  for  encouragement  they  assured  me  that  next  Easter  Monday  a 
Vestry  was  to  be  chosen  that  wo"  do  me  justice — they  perform'd  their 
promise;  for  y°  New  Vestry  called  the  Tax  gatherers  to  account  &  paid 
my  Salary  faithfully;  and  withal  gave  me  to  know  they  would  slip  no 
opportunity  of  purchasing  a  Glebe  and  making  convenencys  for  me,  and 
that  in  acting  thus,  they  did  notliing  but  was  very  agreeable  to  the  body 
of  the  People;  They  also  allow'd  me  more  time  to  officiate  in  remote 
places  than  the  former  Vestry  had  done — These  considerations  prevailed 
with  me  to  agree  for  another  year — By  riding  thro'  the  LTpper  parts  I 
plainly  see  they  require  3  missionaries,  one  to  the  South  near  y'  Branches 
of  Pedee  River  another  upon  Neuse  120  miles  above  Newberne  and  the 
third  in  the  North  towards  Virginia — The  People  seem  much  inclined 
to  encourage  Missionaries  and  often  complain  of  their  being  pester'd 
with  sermons  of  Baptist  Teachers,  whom  I  always  found  to  be  as  grossly 
ignorant  as  those  they  pretend  to  teach.  I  should  be  under  no  doubt  of 
a  Missionarys  doing  very  well  in  those  parts  had  not  the  rulers  of  this 
Province  pass'd  a  Law  last  April  for  issuing  paper  Bills  to  the  value  of 
£23000  Proclamation  money — when  I  was  at  Cape  Fear  the  beginjiing 
of  this  month  I  had  some  of  my  Salaries  paid  in  these  new  Bills,  and 
ofFer'd  them  at  10  per  cent  Discoimt  for  cash  but  can  get  nothing  for 
them. 

I  cannot  give  a  particular  account  of  the  persons  I  have  baptized  since 
Michaelmas  1747  it  frequently  liappening  that  I  am  not  so  well  acquainted 
as  to  desire  any  to  take  the  number :  several  spectators  have  told  me  I 
Baptized  above  100  in  one  day — Two  white  adults  I  baptized  by  dip- 
ping— Last  Whitsunday  I  had  95  communicants — I  received  your  favour 
of  TFeb'^  4.  1747  &  purpose  to  draw  in  Bills  till  the  Venerable  Society 
sees  fit  to  appoint  me  their  Missionary  for  the  Northern  District  in  the 
Upper  Parts — If  I  can  obtain  leave  of  the  Parish  I  hope  to  have  the 
]ileasure  of  seeing  you  next  Summer  and  am  in  the  mean  time  Rev"  Sir 
Your  most,  Ac,  JAMES  MOIR. 


COLONIAL  RECORDS.  879 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  56.  p.  8.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday  Jaiiuarv  13""  174|. 

Pre.sent 

Mr.  Plunier.  Lord  Dupplin.  Mr.  Leveson-Gower  Mr.  Fane. 

The  Secretary  having  acquainted  the  Board  that  Mr.  Joshua  Sharpc 

had  desired  to  be  heard  in  favour  of  an  Act  passed  in  North  Carolina  in 

1746  for  regulating  Assemblies  and  to  have  a  copy  thereof  Directions 

were  given  that  copy  of  said  Act  should  be  made  and  delivered  to  him 

'     '  [Page  42.  ] 

Wednesday  April  6*  1748. 
Read — Order  of  the  Ijords  of  Committee  of  Council  for  Plantation 
Aftairs  dated  the  IS""  of  January  1747  referring  to  this  Board  the  peti- 
tion of  certain  persons  inhabitants  of  several  Precincts  and  Countys  in 
North  Carolina  against  an  Act  passed  there  in  1746  for  regulating  the 
number  of  the  Members  of  the  Assembly  and  directing  them  to  report 
their  opinion  thereupon. 

[Page  45.] 

Tuesday  April  9'"  1748 
The  Board  pursuant  to  the  Minutes  of  the  6""  inst.  took  into  their 
consideration  the  Order  of  the  Lords  of  the  Committee  of  Council  for 
Plantation  Affairs  referring  to  them  a  petition  of  several  inhabitants  of 
the  Northern  Countys  of  North  Carolina  against  an  Act  for  regulating 
the  number  of  the  Members  of  the  As.sembly  and  a  letter  from  Otho 
Hamilton  Lt.  Gov.  of  Placentia  relating  to  the  want  of  Civil  officers 
there  and  after  some  time  spent  therein  the  Secretary  was  direrted  to 
write  to  Mr.  Hamilton  to  attend  the  Board  on  Wednesday  the  27""  inst. 
upon  the  subject  of  his  said  petition  And  their  Lordships  being  informed 
that  Mr.  McCuUoh  Inspector  &  Comptroller  of  the  Quit  rents  in  North 
&  South  Carolina  was  employed  by  the  petitioners  against  the  above 
mentioned  Act  of  North  Carolina  to  support  the  said  petition  and  Mr. 
Joshua  Sharpe  having  desired  to  be  heard  in  favour  of  the  said  Act  the 
Secretary  was  fiTrther  directed  to  write  to  them  to  desire  tiieir  attendance 
upon  that  .subject  on  Thursday  the  28th  inst. 

[Page  52.1 

Wednesday  April  27'"  1748 
The  Secretary  acquainted  their   Lordships  that  M'  M'Culloh  Agent 
for  the  petit"  against  an  Act  passed  in  North  Carolina  in  1746  for  regu- 


880  •  COLONIAL  RECORDS. 


latiug  tlie  miiuber  of  the  Members  of  the  Assembly  wlio  liad  been  wrttte 
to  to  attend  on  the  28"'  inst.  on  that  subject  liad  desired  him  to  move 
theii-  Lordships  that  the  hearing  upon  that  affiiir  might  be  put  off  to  a 
further  day  and  that  M"'  Joshua  Sharpe  vvlio  was  likewise  desired  to 
attend  upon  this  occasion  had  consented  thereto  Whereupon  their  Lord- 
ships appointed  Wednesday  the  ll""  of  May  for  hearing  the  said  matter 
and  notice  was  ordered  to  be  given  to  both  parties  to  attend  on  that  day. 

[Page  58.] 

Wednesday  May  11'"  1748. 
M'  M'Colioh  Agent  for  tlie  petitioners  against  an  Act  passed  in 
North  Carolina  in  1746  for  ascertaining  the  number  of  the  Members  of 
the  Assembly  and  M'  Joshua  Sharpe  employed  to  support  the  said  Act 
attending  as  appointed  by  the  Minutes  of  the  27"'  of  April  and  the 
Order  of  the  Lords  of  the  Committee  of  Council  referring  the  said 
petition  also  the  above  mentioned  Act  having  been  read  M''  M^Culloh 
presented  a  paper  entituled  Observations  in  relation  to  a  pretended 
Act  of  Assembly  passed  at  Wilmington  in  North  Carolina  November 
1746  entituled  an  Act  for  ascertaining  tiie  numl)er  of  Members  &c  con- 
taining his  reasons  against  the  said  Act  and  the  said  paper  having  been 
read  M'  M°Cidloh  desired  that  the  4""  clause  of  the  charter  granted  by 
King  Charles  the  2*  in  the  17"'  year  of  his  reign  to  the  Lords  Proprie- 
tors of  Carolina  might  be  read  in  order  to  show  that  all  Laws  ought  to 
be  made  with  the  approbation  and  consent  of  the  fi-eenien  of  the  said 
Province  or  a  majority  of  them  and  the  same  was  accordingly  read  and 
further  to  show  that  the  said  Law^was  not  |)assed  conformable  to  the 
King's  Instructions.  M''  M'Culloh  desired  that  the  22''  Article  of  his 
Maj.  Instructions  to  his  Gov''  of  tiie  said  Prt)vince  in  tiie  year  173o 
whereby  he  is  directed  not  to  pass  any  Act  of  an  unusual  or  extraordi- 
nary without  a  suspending  clause  might  he  read  as  also  the  2^  clause  of 
his  Maj  Commission  to  the  said  Governor  directing  him  to  do  all  things 
agreeable  to  his  Comniiss"  and  Instructions  and  the  same  were  accord- 
ingly read  and  then  as  evidence  that  there  was  not  a  majority  of  the 
Assembly  present  at  the  passing  the  said  law  M''  M'Culloh  produced  the 
Minutes  of  the  Assembly  held  at  Wilmington  in  November  1746  and 
desired  that  a  person  present  might  give  evidence  upon  oath  tiiat  the 
said  paper  was  taken  from  the  records  of  the  said  Province  whereupon 
M'  Joshua  Sharpe  objected  to  said  Minutes  of  Assembly  being  given  in 
evidence  not  having  the  seal  of  the  Province  affixed  thereto  agreeable  to 
the  Governor's  instructions  upon  that  head  and  insisting  upon  his  objec- 
tion M"'  M'^Culloh  desired  that  an  Order  might  be  sent  to  the  Governor 
of  the  said  Province  to  transmit  all  the  necessarv  evidence  in  this  matter 


COLONIAL  RKCOHDS.  881 


under  the  seal  of  tlie  Province  whereupon  both  paities  were  ordered  to 
withdraw  and  i)einij  again  calie<l  in  and  their  Lord.ships  desiring  M' 
M^CuHoli  to  acquaint  tiieni  wiiat  evidence  lie  thought  necessary  to  be 
transmitted  over  upon  this  occasii)U  the  evidence  required  by  him  was  as 
follows  viz:  Minutes  of  the  Assembly  in  November  1746  with  the  names 
of  such  Members  as  were  ])resent  at  their  first  meeting  as  also  the  names 
of  such  as  were  sworn  in  afterwards  and  tiie  whole  number  present 
during  the  continuance  of  that  Session  The  Governor  to  admit  and  send 
over  under  the  seal  all  evidence  to  prove  that  it  was  the  constant  and 
uninterrupted  practise  of  that  Province  that  a  majority  of  the  Assem- 
bly should  be  present  before  any  business  was  proceeded  upon  any  Writs 
issued  by  the  Governor  for  tiie  calling  an  Assembly  before  the  year 
1736 — The  Order  of  the  Palatines  Court  in  the  year  1696  and  the  Acts 
constituting  Tyrrel  and  Bertie  Counties  and  the  parties  being  withdrawn 
the  Board  agreed  to  take  the  same  into  their  further  consideration  on 
Friday  sen'night 

[Page  («.J 

Friday  May  20'"  1748. 
The  Board  took  into  consideration  the  petition  of  the  inhabitants  of 
the  several  Counties  in  North  Carolina  against  an  Act  passed  there  in 
1746  relating  to  the  Members  of  the  Assembly  mentioned  in  the  Minutes 
of  the  11""  inst.  and  ordered  the  draught  of  a  Report  to  the  Lords  of  the 
Committee  of  Council  to  be  prepared  proposing  that  directions  should  be 
sent  to  the  Govei'uor  of  the  said  Province  to  transmit  the  evidence  desired 
by  iP  M°Culloh  Solicitor  for  the  said  petition  mentioned  in  the  said 
Minutes  and  also  all  other  evidence  relative  to  this  affair  which  he  should 
think  proper  and  that  in  the  mean  time  a  state  of  the  case  of  the  Assem- 
bly of  the  said  Province  so  far  as  relates  to  this  Law  be  prepared  in  order 
to  be  sent  to  the  Attorney  and  Solicitor  General  for  their  opinion  there- 
upon. 

[Page  ri.] 

Tuesday  May  24'"  1748. 
Report  upon  the  petition  of  the  inhabitants  of  several  of  the  Northern 
Counties  in  the  Province  of  North  Carolina  complaining  of  an  Act  passed 
there  in  1746  for  ascertaining  the  number  of  the  Members  of  the  Assem- 
bly &c.  proposing  that  the  Governor  should  be  directed  to  send  over  the 
necessary  evidence  in  this  affair  in  order  for  the  Board's  further  report 
thereupon  was  agreed  to  and  signed 


882  COLONIAL  RECORDS. 


fPage  109.J 

Wednesday  June  15""  1748. 
The  draught  of  a  letter  to  Gabriel  Johnston  Governor  of  the  Province 
of  North  Carolina  in  answer  to  one  receiv''  from  him  since  the  Board's 
last  letter  was  laid  before  the  Board  agreed  to  &  ordered  to  be  transcribed. 

[Page  113.J 

Friday  June  17'"  1748. 
The  draught  of  a  letter  to  Gov.  Johnston  ordered  by  the  last  Minutes 
— was  signed  and  an  Act  passed  in  the  last  Session  of  Parliament  for 
encouraging  the  making  of  indigo  in  the  British  Plantations  referred  to 
in  the  said  letter  was  ordered  to  be  transmitted  tlierewith  as  also  an  Act 
passed  in  the  year  1746  for  extending  the  provisions  of  an  Act  made  in 
the  13""  year  of  his  present  Majesty  for  naturalizing  Foreign  Protestants 
and  others  therein  mentioned  as  are  settled  (jr  .shall  settle  in  any  of  his 
Maj.  Colonies  in  America  to  other  Foreign  Protestants  who  conscien- 
tiously scruple  the  taking  of  an  oath. 

[Page  343.  J 

Wedne.sday  August  17'"  1748. 

Read  a  letter  from  Mr.  Johnston  Gov"'  of  North  Carolina  to  the  Board 
dated  Edenton  17  May  1748  in  answer  to  one  from  the  Board  dated  11 
of  August  1747  inclosing  a  petition  of  several  Palatines  in  that  Prov- 
ince complaining  of  their  having  been  disposses.sed  of  lands  which  they 
had  settled  upon  by  the  heirs  of  Col.  Pollock  and  inclosing  Copy  of 
two  affidavits  Viz :  of  Sam'  Swan  dated  10'"  Oct.  1747  and  of  John 
Lovick  4'"  Jan'^  174-|  sworn  before  George  Gould  E.sq.  one  of  His  Maj. 
Justices  of  the  Peace  for  Bertie  County  in  North  Carolina  relating  to  the 
Members  of  the  Northern  Counties  refusing  to  attend  the  Assembly  at 
Wilmington. 

Minutes  of  the  Upper  House  of  Assembly  from  '20"'  Nov''  to  (j'"  Dec" 
1 746 

Minutes  of  Assembly  from  2P'  Nov'  to  5'"  Dec.  1746. 

Ordered  that  the  Draught  of  a  Report  to  the  Lords  of  the  Committee 
of  Council  pursuant  to  their  Lordships  Order  of  the  13'"  July  1747  re- 
ferring the  petition  of  the  Palatines  mentioned  in  the  above  letter  from 
Mr.  Johnston  be  prepared. 

[Page  351.] 

Thursday  August  25'"  1748. 
Read  the  Copy  of  an  Order  of  the  Lords  of  the  Committee  of  Coun- 
cil dated  14'"  July  1748  upon  a  Report  of  this  Board  upon  the  petition 
of  the  inhabitants  of  the  Northern  Counties  in  North  Carolina  again.st 


COLONIAL  RECORDS.  883 


an  Act  for  ascertaining  the  number  of  the  Members  of  the  Assembly 
directing  the  Governor  of  the  said  Province  to  transmit  his  Answer  to 
the  said  petition  &  such  other  evidence  in  support  of  the  allegations  of 
the  said  petition  as  the  petitioners  or  their  Agents  shall  require. 

I  Page  354.  J 

The  draught  of  a  Report  to  the  Lords  of  the  Committee  of  Council 
upon  the  petition  of  the  Palatines  in  North  Carolina  ordered  to  be  pre- 
pared by  the  Minutes  of  the  17*  inst.  was  laid  before  the  Board  agreed 
to  and  ordered  to  be  transcribed. 

Ordered  that  the  Draught  of  a  letter  to  Mr.  Johnston  Governor  of 
North  Carolina  in  answer  to  his  of  the  IT""  of  May  last  mentioned  in 
the  Minutes  of  the  ly""  inst.  be  prepared,  it  was  agreed  to  &  ordered 
to  be  [Pages  255  and  256]  transcribed  on  the  26*  Aug.  &  signed  on 
Auij.  30*. 

[Page  309.] 

Thursday  Dec' 8*  1748. 
Present 
Earl  of  Halifax 
Mr.  Pitt.  Mr.  Leveson-Gower. 

Mr.  Grenville.  Lord  Dupplin. 
Mr.  Fane. 
Read  an  Order  of  the  Lords  of  the  Committee  of  Council  dated  24* 
Nov'  1748  approving  a  Report  made  by  this  Board  the  30*  Aug.  last 
upon  tlie  petition  of  the  Palatines  in  North  Carolina  relating  to  their 
being  dispo.ssessed  by  the  late  Col.  Pollock  and  his  Heirs  of  lands 
granted  them  in  that  Province  by  her  late  Majesty  Queen  Anne  and  di- 
recting this  Board  to  prepare  a  Draught  of  an  Instruction  in  the  man- 
ner proposed  by  the  said  Report  for  his  Maj.  Gov'  of  the  said  Province. 

[Page  313.] 

Tuesday  Dec'  13*  1748. 
The  draught  of  an  additional  Instruction  to  Gabriel  Johnston  Esq. 
Governor  of  North  Carolina  directing  him  to  make  a  Grant  to  certain 
Palatines  in  that  Pi-ovince  who  have  been  dispossessed  of  lands  formerly 
granted  to  them  by  the  Crown  by  Col.  Thomas  Pollock  and  his  heirs  of 
so  much  land  as  shall  be  equivalent  to  what  they  have  been  so  dispos- 
sessed of  ordered  to  be  preparetl  by  the  Minutes  of  the  8*  in.st  pursuant 
to  an  Order  of  the  Lords  of  the  Committee  of  Council  therein  men- 
tioned was  laid  before  the  Board  agreed  to  and  ordered  to  be  transcribed 
and  the  Draught  of  a  Report  to  the  Lords  of  the  Committee  thereupon 
ordered  to  be  prepared.  [Page  317]  It  was  laid  before  the  Board  agreed 
to  transcribed  and  signed  Dec'  14* 


884  COLONIAL  RECORDS. 


[From  the  MSS.  Records  of  North  Carolixa  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  New  Bern  25  March  1748 

Present  His  Excellency  the  Governor 

(  Robert  Halton  Roaer  Moore  ~)  77    rs  i\j      u 
rr,,      TT       1  n    )  T-i            All  1  (  LsQ^MemDers 

The  Honoble^  Eleazer  Allen  and  V      1.  p^,„_,^;i 

i  Edw^  Moseley  W"  Forbes     J      °^  ^o"'icii 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Robert  Lee  200  Johnston,  Jn°  Rogers  200  Craven,  Rob'  Taylor  100 
Johnston,  W"  Teague  100  D",  W"  Islar  100  Craven,  Joseph  Carruthers 
125  Johnston     Granted 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 
Jno  Hilliard  100  Craven,  Benoni  Lofton  50  D°,  James  Batclielor  100 
Onslow,  Stephen  Howard  300  D°,  Benjamin  Adams  150  New  Hanover, 
Auth^  &  George  Miller  240  D°,  Othniel  Strahan  200  D°,  Edward  Vann 
300  D°,  Jacob  Powell  100  Johnston,  A\''"  Killet  300  D",  Thomas  Castel- 
law  200  New  Hanover,  John  Arrington  200  Bladen,  Abraham  Powell 
400  Johnstone     Granted 

At  a  Council  held  at  New  Bern  26'"  March  1748 

Present  His  Excellency  the  Governour 
r  Robert  Halton     Roger  Moore  ~|    -^        Members 
The  Honoble.^  Math  Rowan        W-  Forbes      V  ^^^^  c^Z^^U 
\  Edw^  Moseley  j        "*  ^"''''"'^ 

Read  the  Petitions  of  the  following  Persons  for  Patents  Viz' 
Southey  Rew  219  Craven,  John  Linkfield  200  D°,  George  Gould  640 
Bladen,  D°  640  D",  Nathan   Smith   4(X)  Carteret,  Thomas  Nelson   640 
D°     Granted 


At  a  Council  held  at  New  Bern  29'"  Marcli  1748 

Present  His  Excellency  tlie  Governor 
r  Nath  Rice  Edw^  Moseley  ^  ^        Members 

The  Honoble^  Rob'  Halton      Roger  Moore       ^^^„f  ^^^J 
( Matii  Rowan     W"  Forbes       J 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Mary  Musgrove  640  New  Hanover,  Isaac  Overman  200  Bladen,  Sam' 
Pikes  350  D",  Thomas  Holmes  200  D",  Sam'  Blackshire  100  Onslow 
Granted 

Read  Sundrv  Petitions  for  Patents  foi'  Land  as  follows  Viz' 


COLONIAL  RECORDS.  886 


Edmund  BarnecastlL'  10."]  Craven,  W"  Williams  360  Onslow,  Thomas 
Johns  150  New  Hanovei-,  James  Maekilwean  400  Craven     Granted 

Read  the  petition  of  Edward  Uriffith  Esq  setting  forth  that  he  is  in 
possession  of  a  Tract  of  Land  of  640  Acres  Scituate  on  the  North  side  of 
Nense  river  bearing  date  the  18*  of  Nov'  1723  granted  unto  John 
Lovick  under  whom  the  Petitioner  ciaimeth  and  that  he  hath  settled  and 
greatly  improved  the  same.  That  the  Surveyor  in  his  return  thereof 
hath  committed  a  mistake  hy  laying  down  the  Courses  of  part  of  the  Sur- 
vey N°  47  W  320  pole  to  a  Pine  thence,  S°  70  W  320  to  a  pine  when 
it  oiiglit  to  have  been  N°  47  E'  &  N°  29  W  praying  that  the  Secretary 
be  Ordered  to  amend  the  Courses  of  the  Lines  as  above  expressed  in  the 
Patent  and  the  record  thereof. 

Ordered  that  the  Secretary  do  alter  the  Courses  as  prayed  for  and  that 
he  cau.se  a  minute  of  this  ( )r(k'r  to  lie  entered  with  the  record  of  said 
Patent 

Read  tiie  petition  of  Edward  (iritfith  siiewing  that  he  obtained  a  grant 
for  640  Acres  of  Land  in  Bladen  County.  Upon  Shewing  but  having 
since  found  the  Land  is  four  miles  within  the  Lines  of  I^and  of  Henry 
M°Culloli  Esq'  humbly  prays  tiiat  the  said  Grant  be  expunged  the  Rec- 
ord that  so  he  might  not  be  liable  to  pay  Quit  rents  for  the  same. 
Ordered  that  tlie  same  lie  expunged  the  record  accordingly 

Read  the  Petition  of  Edmond  Pierce  shewing  that  a  Patent  granted 
to  him  in  November  1735  was  erroneous  the  word  Creek  mentioned  in 
the  plat  thereto  annexed  being  Omitted  to  be  inserted  in  the  Patent  pray- 
ing the  same  might  be  rectified  as  well  as  the  record  thereof  which  the 
patent  being  produced  was  accordingly  done  in  Council 

His  Excellency  was  pleased  with  the  Assent  of  his  Majestys  Council 
to  nominate  and  appoint  Eleazer  Allen,  Edward  Moseley  and  Roger 
Moor  Esq"  to  be  Associate  Justices  of  this  Province  and  to  Order  a 
Commission  to  be  made  out  for  tliat  purpose  accordingly. 


At  a  Council  held  at  New  Bern  4*  April  1748 

Present  His  Excellency  the  Governor 
(  Nath  Rice  Edw"  Moseley  ~|  j, ,  „  ^      ,      ,    ,. 

Tlic  Honob]e<(  Rob'  Halton  Roger  Moore    V     '  ^  /-,         -i 

(Math  Rowan        W"  Forbes       j  *^°""^'' 

Read  the  following  jietitions  for  Warrants  for  Land  Viz' 
Joseph  Pitman   100  Craven,  Henry  Smith  250  D°,  Hope  Willet  100 
New  Hanover,  George  Eiland   150  Johnston,  Jno  Mead   100  Onslow, 
James  Conner  200  Craven,  Ditto  400  John.ston.     Granted. 


886  COLONIAL  RECORDS. 


Read  the  Petition  of  Horatio  Woodhonse  Shewing  he  is  in  possession 
of  part  of  a  Tract  of  Land  granted  to  Tiiomas  Johnston  the  25  Septem- 
ber 1741  Scituate  in  Onslow  County.  And  the  Petitioner  conceiving 
there's  more  Land  comprized  within  the  Lines  of  tiie  Patent  than  is 
therein  specified  humbly  prays  a  Resurvey  thereon.     Granted. 

Ordered  that  the  Surveyor  General  cause  a  resurvey  thereof  to  be 
made  accordingly  and  make  report  of  his  doings  to  the  Council  at  their 
next  Meeting. 

Read  the  Petition  of  Benjamin  Wheatley  Esq'  setting  forth  that  in 
Governour  Burrington's  Administration  he  obtained  a  Warrant  for  640 
Acres  of  Land  lying  in  Bath  Town  as  then  called,  but  now  Craven, 
Scituate  on  the  South  side  of  Trent  River  which  was  duly  surveyed  and 
returned  into  the  Secretarys  Office.  That  he  also  obtained  his  Excel- 
lencys  Grant  for  a  Patent  in  Consequence,  but  the  said  Warrant  and 
Grant  being  either  Mislaid  or  lost.  He  produced  to  this  Board  a  plott 
attested  and  sworn  to  by  the  Surveyor  in  pursuance  whereof  he  humbly 
prayed  a  Grant.  Whereupon  it  was  Ordered  that  a  Grant  pass  to  the  said 
Benjamin  Wheatley  agreeable  to  the  aforesaid  plat  and  that  the  same 
bear  date  from  the  first  Court  His  Excellency  held  in  this  Province. 

Read  the  following  Petitions  for  patents  for  Land  A^iz' 

Robert  Hatcher  250  Craven,  Abraham  Boyd  300  Bladen,  Thomas 
Hobbey  300  Johnston,  Jno  Fitzgerald  200  Craven,  Tho=  Graves  100  D", 
Joseph  Carruthers  125  Johnston,  Martin  Futcli  100  Craven,  Andrew 
Morgan  250  D".     Granted. 

Read  the  Petition  of  Peter  Cliif  Setting  forth  that  about  five  or  six 
years  since  he  obtained  a  Warrant  for  300  Acres  of  Land  lying  in  New 
Hanover  County  on  Smiths  Creek  which  had  been  surveyed  by  the  late 
William  Gray  Dep^  Surveyor  as  appears  by  the  affidavit  produced  to 
this  Board  of  James  Heuney  one  of  the  Chain  Carriers,  That  on  many 
applications  for  a  Grant  he  hath  often  received  from  the  Secretary  for 
Answer,  that  either  the  return  of  the  said  Warrant  was  never  made  into 
his  Office  or  the  same  was  so  mislaid  that  it  could  not  be  found.  And 
the  Petitioner  further  shewing  that  he  has  sold  the  said  Land  and  given 
his  Bond  for  a  considerable  sum  to  make  a  title  tlieret(j  therefore  hum- 
bly prayed  that  upon  returning  an  Attested  Plot  thereof  into  the  Secre- 
tarys Office  a  Grant  might  pass  in  Consequence 

Ordered  that  on  the  filing  such  Plot  as  aforesaid  a  Grant  pass  to  the 
said  Peter  Cliff  accordingly 

Ordered  that  George  Gould  Esq'  Surveyor  General  do  make  a  return 
into  the  Secretary's  Office  of  all  the  Warrants  and  Plot  of  Land  sur- 
veyed by  the  late  William  Gray  Deputy  Surveyor  between  this  and  the 
next  Sitting  of  the  Council. 


COLONIAL  RECORDS.  887 


At  a  Council  held  at  New  Bern  6""  day  April  1748. 
Present  His  Excellency  the  Governor 
f  Nath  Rice  Edw"  Moseley )  p^    „  m      u 

TheHonoble^  Rob'Halton        Rofjer  Moore    l^sq  ^yieniDers 
\  Math  Rowan       W»  Forbes       J      "^  <^o»n<'>l 
Read  the  following  petitions  for  Warrants  for  Land  Viz' 
Robert  Ryley  250  Johnston,  Ditto  300  D",  Henry  Bishop  100  Ons- 
low, Bryan  Cannor  200  Bladen.     Granted. 

Read  Sundry  Petitions  for  Patents  for  Land  as  follows  Viz' 
Rich''  Johnston  100  Craven,  Jno  Stringer  100  D",  W"  Gray  300  D°, 
Jno  Chapman  200  D",  George  Moore  640  New  Hanover,  Ditto  640  D°, 
Malcolm  M°Neal  200  Bladen.     Granted 

Read  the  Petition  of  Edmund  Pearce  Shewing  that  a  patent  which 
was  the  other  day  corrected  at  this  Board  appeared  to  be  further  Erro- 
neous in  as  much  as  the  Land  is  said  to  Lye  in  Beaufort,  whereas  it  is  in 
Craven  praying  that  the  said  Patent  as  well  as  the  record  thereof  might 
be  rectified  which  was  accordingly  done  in  Council  the  word  Beaufort 
being  erased  out  of  the  same,  and  the  word  Craven  being  inserted  in  the 
room  thereof  By  order  JNO  RICE  C.  C. 


At  a  Council  held  at  New  Bern  29'"  September  1748 
Present  his  Excellency  the  Governor 
r  Nath  Rice  Roy-er  Moore")  ^    „  -.^      , 

The  Houoble  I  Robert  Halton  and  I  ^'%   Members 

Uflw^  Moseley      Will  Forbes  j      «f  <^o""«>l 

Captain  Samuel  Davis,  Charles  Robinson,  and  Thomas  Smith  exhib- 
ited a  petition  in  behalf  of  themselves  and  Sundry  others  Inhabitants  of 
Pedee,  which  was  read  being  to  the  following  Effect  Viz' 

That  by  the  great  distance  of  that  Settlement  from  the  County  Court 
of  Bladen,  and  the  badness  of  the  ways  they  were  in  a  manner  excluded 
from  all  Benefits  of  the  said  Court,  to  which,  by  reason  of  the  bad  be- 
iiaviour  of  many  amongst  them,  they  have  frequent  Occasions  of  re- 
course Wherefore  they  pray  for  a  Division,  and  to  be  made  a  separate 
County,  when  (th(y  now  but  few)  they  doid^t  not  to  encrease  to  a  compe- 
tent Number. 

Then  was  also  read  a  Petition  with  several  names  to  it,  in  one  and  the 
same  hand  writing,  as  of  Inhabitants  of  Pee  dee,  opposing  the  aforesaid 
Petition,  in  regard  of  the  Paucity  and  Poverty  of  the  Inhabitants. 
Whereupon  his  Excellency  was  pleased  to  interrogate  the  presenters  of 
the  first  petition  (no  person  appearing  to  the  other)  upon  the  subject  of 
their  petition  :  And  it  appearing  to  the  satisfaction  of  his  Excellency  and 


COLONIAL  RECORDS. 


the  Council,  that  the  Number  of  white  Tithables  upon  Pee  dee  river  and 
near  the  same,  is  between  two  and  three  Hundred ;  and  that  the  Court 
House  of  Bladen  County  (in  which  County  they  have  been  hitherto 
Included)  is  above  one  hundred  miles  distant  from  the  nearest  Inhabi- 
tants of  Peedee ;  and  that  at  some  seasons  of  the  year,  the  roads  between 
are  very  bad,  if  not  impracticable.  For  the  ease  of  the  said  Inhabitants, 
aud  to  promote  the  Settlement  of  the  said  River  his  Excellency  thought 
proper,  by  and  with  the  Advice  and  consent  of  His  Majestys  Council,  to 
grant  the  petition  for  a  Division  of  the  County  of  Bladen,  and  making 
Pee  dee  and  parts  above  it  a  Separate  County  as  aforesaid  and  accordingly 
it  was  Ordered,  that  that  part  of  Bladen  County  which  is  known  by  the 
name  of  Peedee,  together  with  all  parts  adjacent,  extending  as  hereafter 
set  forth,  shall  be  erected  into  a  County,  distinct  from  and  iudependant 
of  Bladen  County  by  the  name  of  Anson  County.  And  by  virtue  of  the 
Power  and  authority  of  his  Excellency  the  Governour  in  Council,  agree- 
able to  ancient  usage,  the  said  place  or  Tract  of  Land  commonly  called 
Peedee,  and  parts  adjacent,  were  erected  into,  made,  constituted  and 
declared  (within  the  Bounds  and  Limits  hereafter  described)  to  be,  and 
henceforth  are  to  be  deemed  held  and  taken  for  a  separate  County, .by 
itself,  with  Distinct  Jurisdiction,  enjoying  all  such  Priviledges  and  powers 
as  any  other  County  within  this  province  have  and  enjoy  (that  is  to  say) 
the  said  County  shall  be  and  stands  divided  from  Bladen  t'ounty  by  little 
Peedee  river,  to  the  head  of  the  main  Branch  thereof,  and  then  by  a  Line 
to  be  run,  as  near  as  may  be  equal  Distance  from  Haw  River,  and  Great 
Peedee  river.  And  untill  another  County  shall  be  Erected  to  the  West-- 
ward  or  Northward  of  this  new  County,  all  the  Inhabitants  to  the  West- 
ward of  the  aforementioned  Dividing  Line,  shall  belong  and  appertain  to 
Anson  County. 

Then  His  Excellency  was  pleased  to  lay  before  the  Board  his  proper 
power  or  Commission  as  consequent  to  the  foregoing  Elfect  which  was 
read  being  as  follows,  viz'  Know  all  men  by  these  Presents  that  I 
Gabriel  Johnston  Esq'  Captain  General,  Governour  and  Commander  in 
Chief  in  and  over  his  Majestys  Province  of  North  Carolina,  Upon  the 
humble  Petition  of  his  Majestys  Subjects  the  Inhabitants  of  Peedee  by 
virtue  of  the  Power  and  Authority  vested  in  me  by  his  Majesty's  Com- 
mission and  agreeable  to  Ancient  Usage  for  good  and  sufficient  Reasons 
me  thereunto  moving  by  and  with  the  Advice  and  Consent  of  his  Maj- 
esty's Council  to  make,  create,  constitute  and  ordain  the  said  Peedee  in 
the  province  of  North  Carolina  and  certain  Tracts  of  Land  contiguous 
to  the  same  late  in  the  County  of  Bladen,  a  County  by  the  name  of  An- 
son County,  and  the  same  is  hereby  Declared  (within   the  Boiuuls  and 


COLONIAL  RECORDS.  889 


Limits  hereafter  ascribed)  a  County  by  itself  Separate  from  and  inde- 
pendent of  Bladen  having  distinct  Jurisdiction  with  all  such  Power  and 
Priviledges  as  any  other  Countys  within  this  Province  have  and  enjoy: 
Which  County  of  Anson  shall  be  and  is  hereby  Circumscribed  and  bounded 
as  followeth  that  is  to  say  the  same  is  and  stands  Divided  and  Distinguished 
from  Bladen  County  by  little  Peedee  River  to  the  Head  of  the  main 
Branch  thereof  and  then  by  a  Line  to  be  run  equal  distance  from  Haw 
River  and  Great  Peedee  River  and  untill  another  County  be  Erected  to 
the  Westward  or  Northward  of  this  new  County  all  the  Inhabitants  to 
the  Westward  of  the  aforementioned  Dividing  Ijiue,  shall  belong  and 
appertain  to  Anson  County  In  testimony  whereof  I  have  hereunto  set 
my  hand  and  caused  the  Seal  of  the  Province  to  be  Affixed  at  New  Bern 
day  of  Anno  Dom  1748.  GAB  JOHNSTON 

At  a  Council  iield  at  Newbern  .30  September  1748 

Present  His  Excellency  the  Governour. 

r  Nath  Rice  Rowr  Moore    ")  t^    „  ^r      i  z> 

ThcHouobkJRob'Halton  '    and  (  Esq    Members  uf 

i  Edw^  M.,seley     W"  Forbes       j  ^"""^'' 

Charles  Robeson,  Thomas  Smitii  and  Captain  San)uel  Davis  appeared 
again  before  this  Board  anil  being  asked  by  his  Excellency  with  regard 
to  the  most  proper  persons  for  Justices  as  well  as  convenient  and  most 
fitting  place  to  fix  a  Court  house  in  the  new  County  they  acquainted  ids 
Excellency  as  tlieir  Opinion  that  the  most  proper  Persons  in  regard  of 
their  situation  be  added  to  the  former  Justices  to  constitute  with  tiiein  a 
Bench  of  Justices  are  John  Hicks  and  John  Holmes  and  the  Ford  of 
Rockey  River  where  the  road  crosses  is  the  most  suitable  place  wlicrcoTi 
to  fix  tlie  Court  House. 

Ordered  that  Joseph  White,  Charles  Roberson,  Edmund  Cartleilge, 
William  Philips,  Samuel  Davis,  Thomas  Smith,  John  Hicks  and  John 
Holmes  Gen'  be  appointed  Justices  for  and  within  the  County  of  Anson 
and  that  a  Commission  issue  accordinglj'  constituting  and  appointing 
tlie  said  Joseph  White,  Charles  Robinson,  Edmund  Cartledge,  William 
Philips,  Samuel  Davis,  Thomas  Smith,  Joh)i  Hicks  and  John  Holmes 
Justices  of  the  peace  for  the  County  of  Anson  and  that  the  Cotu't  Days 
be  on  the  fourth  Tuesdays  in  tiie  Months  of  March,  June,  September 
and  December  yearly 

John  Hamer  being  recommended  to  His  Excellency  to  be  Sheriff  of 
the  County  of  Anson,  Ordered  that  a  Commission  issue  accordingly  con- 
stituting and  appointing  the  said  John  Hamer  Sheriff  of  Anson  C<ninty. 

The  Council  adjourned  till  the  afternoon  3  "Clock 

Vol.  4—104 


890  COLONIAL  RECOEDS. 


P.  M.     The  Council  met  pursuant  to  Adjournment 
Present  His  Excellency  the  Governour 
Ti     w     We/  Robert  Halton  Roger  Moore  \  Esq"  Members  of 

ine  non     |  j,^^^,  Moseley         Will  Forbes  J  Council 

Resul  the  following  Petitions  for  Warrants  Viz' 

James  Herberts  640  Johnston,  Robert  Hatcher  250  Ditto,  James  Her- 
bert 200  Craven,  John  Matchit  200  New  Hanover,  Elizabeth  Hill  150 
Onslow,  Jno  Peterson  200  New  Hanover,  Simon  Player  200  D°,  Severus 
Goold  500  Onslow,  Benjamin  Meredith  100  New  Hanover,  David  Smith 
100  Bladen,  Ditto  100  Ditto.     Granted. 

Read  the  Petition  of  John  Kearney  setting  forth  that  his  Mother  and 
he  are  in  possession  of  a  Tract  of  Land  granted  by  the  late  Lords  Pro- 
prietors unto  Thomas  Lewis  Junior  situate  in  Craven  County  in  the 
fork  of  Adams  Creek  and  conceiving  there  is  more  Land  contained 
within  the  Lines  of  the  Patent  than  therein  specified  humbly  prays  a 
resurvey  Granted  and  Ordered  that  the  Surveyor  General  do  cause  a 
Resurvey  to  be  made  thereof  and  return  the  same  to  this  Board 

Read  the  Petition  of  Malcom  Smith  shewing  that  he  is  Assignee  of  a 
patent  for  a  Tract  of  Six  hundred  and  forty  Acres  granted  unto  James 
Jones  the  10""  day  of  September  1735  situate  in  Bladen  County  on  the 
Soutii  side  of  the  river  20  miles  above  Rockfish  Creek  joining  the  upper 
side  of  Thomas  Jones  Land  And  apprehending  ther^is  more  Land  com- 
prized within  tlie  Lines  and  Distances  of  the  said  patent  than  the  same 
mentions  humbly  prays  a  Resurvey  Granted  and  Ordered  that  the  Sur- 
veyor General  do  cause  a  Resurvey  to  be  made  of  the  said  Ijand  and 
make  return  thereof  to  this  Board 

Read  the  petition  of  Edward  Conner  setting  forth  that  if  Patent  which 
he  obtained  from  his  Excellency  for  Six  hundred  and  forty  Acres  of 
Land  .situate  in  Bladen  County  on  the  We.st  side  of  the  N.  West  River 
and  the  plat  thereto  annexed,  thro'  the  Surveyors  mistake,  are  both 
Erroneous;  who  instead  of  returning  a  plot  after  this  manner.  Begin- 
ning at  a  Hickory  thence  running  S°  70  W'  320  poJes  thence  S°  20  E' 
320  poles  thence  N°  70  E'  320  poles  thence  to  the  Beginning  which 
according  to  the  Original  marked  Trees  are  the  true  Courses  he  has 
made  it  thus  Beginning  at  a  Hickory  alxnit  three  Quarters  of  a  Mile 
below  the  mouth  of  little  River  and  thence  rini  N°  80  W'  320  Pole  to  a 
pine  thence  S°  10  E'  320  pole  to  a  pine  thence  S°  80  E'  320  pole  to  a 
Gum  tiience  to  the  first  Station  Whereby  the  Petitioner  holds  little  or  no 
Ijand  humbly  praying  to  be  relieved  in  the  premises.  Whereupon  it  is 
Ordered  that  the  Deputy  Surveyor  run  out  the  same  agreeable  to  the 
first  marked  Trees;  and  that  he  return  a  plat  thereof  upon  Oath  of  his 
Bo;inl  at  the  next  Sitting. 


COLON  I A  r.  RECORDS.  891 


Read  the  following  Petitions  for  Grants  for  Patents  W-/} 
John  Clark  for  150  in  Craven,  William  Bhint  200  Bladen,  Joiiii  Fitz- 
gerald 200  D°,  John  Conpland  150  D",  Jacob  M'Clendon  :500  D»,  J.k^-I 
M-^Clendon  300  D°,  David  Smith  200  D°,  James  Herbert  fi40  Johnston, 
Stevans  Goold  500  Onslow,  Jani'es  Rhodes  200  Johnston,  John  Tavlor 
300  D°,  John  Tison  350  Bladen     Granted 

Samuel  Willis  300  Craven,  Charles  Hopton  100  D",  D"  D"  15(1  D", 
John  Grigg  100  Bladen     Granted 

At  a  Council  held  at  New  Bern  1"  October  1748 

Present  His  Excellency  the  Governor 

Ti,    u     w"  f  ^"^t'^  ^^^^  Ed-w'^  Moseley  \  Esq"  Members 

ineiion     j  R„hert  Halton     Will  Forbes      /      of  Council 

Read  sundry  Petitions  for  Warrants  for  Land  Viz' 

Thomas  Farmer  640  Johnston,  Thomas  Hughs  100  Johnston,  Henry 
Philips  80  Bladen,  Ditto  150  Ditto,  John  Abbet  100  Craven,  Jn"  Roe 
560  Johnston     Granted 

James  Blount  King  of  the  Tuskarora  Nation  exhibited  a  Petition  to 
this  Board  in  behalf  of  himself  and  People  which  being  read  his  Excel- 
lency was  pleased  to  recommend  the  Consideration  thereof  to  the  Council 
who  having  considered  the  same,  are  of  Opinion  that  the  said  Petition 
ought  to  be  laid  before  the  General  Assembly 

Ordered  that  the  same  be  laid  before  the  General  Assembly  Accord- 
ingly. 

The  Council  Adjourned  till  3  "Clock  Afternoon 

The  Council  met  according  to  Adjournment     Present  as  before  and  . 
Roger  Mooi-e  Esq' 

Upon  the  Information  of  Benjamin  Wheatle}-  Esq'  to  this  Board  tliat 
certain  men  named  Samuel  Tucker,  George  Young,  and  Richard  Pet«^r, 
Sailors  belonging  to  a  Vessel  lying  at  Brunswick  in  the  River  of  Cape 
Fear  at  the  Time  of  the  late  Invasion  of  that  place  had  illegaly  taken 
away  Sundry  Goods,  to  wit  one  pair  Silver  Shoe  buckles  and  a  Gold 
Locket  as  part  of  the  plunder  before  any  dividend  was  made  thereof 
among  those  who  were  concerned  in  that  Action  when  the  Enemys  Ves- 
sel was  blown  up. 

His  Excellency  was  pleased  by  Advice  of  tiie  Council  to  C)rdcr  Tiiat 
the  part  of  the  Plunder  aforementioned  be  lodged  in  the  hands  of 
untill  all  the  Plunder  shall  be  brought  or  gathered  together  in  Order 
that  a  Dividend  may  be  made  thereof  among  tliose  concerned  in  the 
Action.  And  it  is  further  Ordered  that  the  Saliors  aforementioned  if  they 
will  return  to  Brunswick  and  make  it  appear  they  were  concerned  in  the 


892  COLONIAL  RECORDS. 


Action,  that  they  shall  be  Intitled  to  a  share  of  the  Booty;  or  if  they 
chiise  to  proceed  on  their  Journey  to  Virginia  that  then  they  be  paid  the 
stun  of  out  of  the  plunder  aforesaid  taken   from  them  towards 

bearing  their  Travelling  Charges  thither 

At  a  Council  held  at  New  Bern  3'"  October  1748 

Present  His  Excellency  the  Governour 
r  Nath  Rice  Edw"  Moseley )  t^.    „  at      u         e 

The  Hon- '  Rob'  Halton  Roger  Moore    l^^^    Members  of 

(Math  Rowan        Will  Forbes     j  council 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Moses  Tilaians  for  500  acres  Johnston  county,  James  McMamus  300 
Bladen,  T>"  D°  640  D",  George  Bell  200  Carteret,  John  Fonvielle  100 
New  Hanover,  Peter  Debush  200  D°,  Harris  Clark  200  Craven,  John 
Lee  400  Johnston,  Anthony  Arnol  200  D",  William  Coljins  350  D", 
Henry  Carnady  200  D°,  Andrew  Bass  400  Johnston,  Samuel  Thomas 
200  b",  Philip  Mew  100  Craven,  William  Henderson  640  Johnston, 
Walter  Murrey  640  D",  John  Eleby  100  Bladen,  Thomas  Holmes  150 
D°,  John  Temple  200  Johnston,  Edward  Frisby  300  Bladen,  Burling 
Hamrod  300  D",  John  Windows  100  Johnston,  Thomas  M"Clendon  640 
D",  Thomas  Saucer  150  D°,  Abraham  Boyd  100  D",  William  Atkins 
150  Bladen,  Thomas  Temple  200  Johnston,  John  Pursley  200  Bladen, 
Simon  Burney  100  Beaufort,  James  Baker  300  D°,  Nesbie  Mills  200  D", 
Patrick  Whit  1000  Hyde,  Isaac  Buctt  200  Beaufort,  John  Peters  300 
Craven.     Granted 

Read  Sundry  Petitions  for  Grants  for  patents  as  follows  Viz' 
Alexander  Blackshire  100  Craven,  Abraham  Warren  100  D",  Abra- 
ham Colson   150  Bladen,  William  Devis  265  Hyde.     Granted 

At  a  Council  held  at  Newbern  4"'  October  1748 

Present  His  Excellency  the  (jovernour 

(  Nath  Rice  P3dw''  Moseley  )  i^    „  a  r      i 

The   Hon"'"-^    Robert  Halton     Roger  Moore    l^-^H  ^y^'i^'^t''''' 
(Math  Rowan        Will  Forbes     J      "^  ^'^""''" 
Read  Siuidry  Petitions  for  Warrants  for  Lands  as  follows  Viz' 
John   Irons    300    Johnston,  Horatio  Woodhouse  330  Onslow,    Wil- 
liam  Cole  200  Johnston,  Henry  Walker   200  Bladen,  John    Williams 
200  D",  Martin  Trentham   200  D°,  D"  100  D°,  Thcjmas  Armstrong  200 
D",  Tiuimas  Brooks   100  Johnston,  Walthern   Smith   250  Craven,  John 
Clark   400  Bladen,  James  Clark   200  New  Hanover,  John  Clark  200 
Bladen,  Jno  Williams  300  Beaufort,  Jacoii  Taylor  200  Craven,  William 
Peters  200  D°,  Edward  Salter  1000  Beaufort,  D"  400  D°,  Thomas  Jones 
400  Johnston,  Joseph  Everitt  200  D",  William  Teagne  200  New  Hano- 
ver, James  Barber  150  Johnston,  William  Teagne  200  D°.     Granted. 


COLONIAL  RECORDS.  803 


Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

James  Willis  200  Craven,  Joseph  Carnithers  100  Johnston,  Kilward 
Franck  532  Craven,  William  Marehmant  200  Onslow,  Richanl  ( 'a-^well 
Junior  85  Johnston,  D°  200  D",  John  Rous  50  D°.     Granted. 

Robert  Courtney  by  his  Attorney  exhibited  a  Patent  for  One  hun- 
dred and  fifty  Acres  in  Onslow  County  shewing  eertain  Errors  therein 
desiring  the  same  may  be  amended  Viz'  Nuce  river  altered  to  New  River 
and  to  make  the  beginning  of  the  Survey  at  a  pine  which  had  been  omit- 
ted, and  to  fill  up  the  Courses  by  adding  at  the  end  thereof  thence  to  the 
first  Station.  Which  was  granted  And  Ordered  that  the_  record  be  al- 
tered accordingly 

Read  the  Petition  of  Edmund  Cullen  Setting  forth  that  he  is  in  pos- 
session of  a  Tract  of  six  hundred  and  forty  Acres  granted  by  the  late 
Lords  Proprietors  unto  Richard  Graves  of  whom  Bryan  Cnllen  the  Pe- 
titioners Father  Purchased  situate  in  Craven  County  on  the  South  shore 
called  Coat's  Entry  And  conceiving  there  is  more  Land  contained  within 
the  Courses  and  Distances  of  the  said  Patent  than  the  same  specifies, 
humbly  prays  a  Resurvey.  Granted  and  Ordered  that  the  Surveyor 
General  do  cause  a  Resurvey  of  the  same  to  be  made,  and  a  return  thereof 
to  make  to  this  Board. 

Read  the  Petition  of  Thomas  Graves  shewing  that  he  is  in  Possession 
of  a  Tract  of  six  hundred  and  forty  Acres  granted  by  the  late  Lords 
Proprietors  unto  Richard  Graves  the  petitioners  Father  .situate  on  the 
south  side  of  Neuse  called  the  Ferry  van  and  in  Order  to  ascertain  the 
Lines  thereof  he  humbly  prays  a  Resur%'ey  Granted  and  Ordered  that 
the  Surveyor  General  do  cause  a  resurvey  to  be  made  of  the  said  Lands, 
and  make  return  thereof  to  this  Board. 

Read  the  Petition  of  Mary  Perkins  Setting  forth  that  an  Order  which 
she  obtained  at  a  former  Council  for  resurveying  the  Courses  and  dis- 
tances of  a  patent  bearing  date  the  10""  day  of  March  1740  for  three 
hundred  and  seventy  five  Acres  situate  in  Beaufort  County,  is  duly  com- 
plyed  with  returned  in  the  proper  Office  which  demonsti'ates  certain  Error 
in  the  said  patent  and  plat  committed  by  the  surveyor  who  having  on  the 
third  Course  laid  down  in  the  plat  taken  his  departure  from  the  N°  end  of 
the  Needle  instead  of  the  S°  the  survey  [ran]  into  the  Land  of  John  Boyd, 
which  he  holds  by  an  ancient  Patent  and  persisting  in  such  mistake  in 
the  two  next  Courses  has  entirely  left  out  the  Petitioners  plantation  and 
run  into  Land  belonging  to  John  Brock,  And  that  the  whole  of  his  return 
which  should  comprehend  three  hundred  and  seventy-five  Acres  as  afore- 
said contains  only  eighty.  The  Petitioner  humbly  prays  that  the  patent 
and  record  thereof  may  be  amended  agreeable  to  the  return  now  made 


894  COLONIAL  RECORDS. 


into  the  Secretary's  Office  and  tliat  the  Rent  Roll  may  be  altered  from 
375  Acres  to  256  wliidi  is  or  that  is  to  he  found  without  the  adjoining 
tracts. 

Ordered  that  a  new  Patent  issue  to  the  said  Mary  Perkins  in  conse- 
quence of  the  return  now  made  and  tliat  the  same  hear  equal  date  with 
the  former  Grant. 

Upon  the  Contest  in  Council  hetween  Tiiomas  Mason  and  .John  Tuly, 
'tis  Ordered  that  the  said  Masons  Warrant  he  Surveyed. 

At  a  Council  iield  at  New  Bern  5*  October  1748. 

•     Present  His  Excellency  the  Goveruour 

C  Nat h  Rice  Edw"  Moseley  )  ^^    „  ,.      i 

The  Hon-' J  Rob'  Halton        Roger  Moore"    I  ^^1.    Men.bers 
{  Math  Rowan      Will  Forbes     j      °*  ^  '>"ncii 
Read  the  following  petitions  for  Warrants  for  Land  Viz' 
William  Browns  for  200  acres  in   Bladen   County,  George  Clements 
100  D°,  John  Gillet  100  Craven,  John  Dunn  100  Bladen,  John  Grooms 
200  D°,  John  Davis  640  D",  Thomas  Suggs  500  New  Hanover,  Michael 
Nixon    100   New   Hanover,   Richard   Caswell    200  Johnston,   Thomas 
Tunihill  800  Bladen,  Richard  Stevens  500  Onslow,  James  Clayton  200 
Hyde,  George  Bruton  200  Johnston,  Mathew  Rowan  Esq"'  400  Bladen. 
Granted 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

Nicholas  Smith  400  Bladen,  Stephen  Howard  300  Onslow.     Granted 

At  a  Council  held  at  New  Bern  6""  October  1748 

Present  His  Excellency  the  Governour 
f  Nath  Rice  Edw"  Moseley )  t^    „  m      i 

TheHon"'-^  Rob' Halton        Roger  Moore"    l^-^q    *lemt)er.s 
i  Math  Rowan      Will  Forbes      j      "'  '^<Hincii 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
John  Pain  200  Craven,  Benjamin   Moore  250  Bladen,  John  Green 
Senior  300  D°,  Greshom  Benbow  200  D°,  George  Brown  150  D°,  Wil- 
liam Bartram  150  D°,  Silvanus  Soul  300  D°,  Joseph  Herring  300  John- 
ston, John  Atkinson   100  D°,  George  Cogdale  200  Carteret,   Thomas 
Austin  500  D°.     Granted 

Read  Sundry  Petitions  for  Grants  for  Patents  as  follows  Viz' 
George  Cubbages  for  200  Bladen,  D°  100  D°,  George  Brinn  Harris 
461  Craven,  Thomas  Holmes  200  Bladen,  William  Teague  100  John- 
.ston,  John  Berry  200  Bladen,  Edward  Outlaw  200  New  Hanover, 
Abraham  Taylor  100  Johnston,  John  Hawkins  200  Craven,  Jonathan 
Taylor  200  New  Hanover,  Arthur  Blackman  150  D°,  Solomon  Beasley 
150  Craven,  Richard  Foscue  100  D°,  Joseph  Taylor  300  Johnston. 
Granted 


COLONIAL  RECORDS.  895 


At  a  Council  held  at  Newbern  8'"  October  1748 

Present  His  Excellency  the  Governour 
( Nath  Rice  Edw''  Moseley   ~J  t,    „  n/r      u         c 

The  Hou^'=  <^  Rob'  Halton         Roger  Moore      I  ^^*1    Members  of 
i  Math  Rowan         Will  Forbes       j  '-Oi'ncil 

Read  Sundry  Petitions  for  Warrants  for  Land  as  follows  Viz' 

William  Rio's  300  New  Hanover,  Frederick  Isler  400  Craven,  John 
Gatlin  100  Craven,  Nathan  Smith  250  D°,  Jacob  Hanshey  200  New 
Hanover,  Thomas  Dudley  400  Carteret.     Granted. 

Mr.  Lovet  exhibited  in  Council  a  Patent  in  the  name  of  Rabert  Jer- 
main  and  Tiiomas  Smith  for  three  hundred  Acres  of  Land  in  Craven 
County  dated  the  first  day  of  July  1738  praying  in  regard  the  same 
being  much  torn  and  rendered  unintelligible  another  patent  may  be  made 
out  to  the  Patentees  agreeable  to  the  Record  thereof,  which  was  Granted 
and  Ordered  that  the  Secretary  make  a  Transcript  of  the  said  Patent 
from  the  Record  accordingly. 

His  Excellency  was  pleased  to  ask  the  advice  of  the  Council  whether 
it  would  not  be  proper  in  all  Commissions  to  be  issued  for  the  future  for 
keeping  the  peace  in  the  several  Counties  of  this  Government  to  insert  in 
all  such  Commissions  the  names  of  the  Qualified  Members  of  his  Maj- 
esty's Council  who  shall  have  power  to  act  as  Justices  in  the  said  Coun- 
ties without  further  Qualification. 

The  Council  were  of  Opinion  that  it  is  proper  the  same  should  be 
observed  for  the  future. 

His  Excellency  the  Governour  was  pleased  by  and  with  the  Advice 
and  Consent  of  his  Majestys  Council  to  order  a  new  Commission  of  the 
Peace  and  Dedimus  to  issue  for  Pasquotank  County  Constituting  and 
appointing  William  Gregory,  Charles  Sawyer,  Cornelius  Recife,  Samuel 
Highe,  Thomas  Relfe,  Robert  Murden,  Isaac  Stockley,  Thomas  Grandy, 
Solomon  Pool,  Henry  Pendleton,  John  Jones  Junior,  William  Davis 
Junior  Esq'"  Justices  of  the  peace  for  and  within  the  said  County. 

Ordered  that  a  Dedimus  issue  directed  to  the  Justices  of  Johnston 
County  to  Qualifv  John  Wade  Esq'  a  Justice  of  the  peace  for  the  said 
County. 

At  a  Council  held  at  New  Bern  10""  October  1748 
Present  His  Excellency  the  Governour 

;Nath  Rice  Roger  Moore ")  tj.    „  n/r      u 

Robert  Halton  and  (Esq    Members 

Edw^  Moseley      Will  Forbes  j      °*  '^onncU 
Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
Moses  Tilmans  500  Johnston,  John  Page  300  D",  Thomas  Coor  300 
D"     Granted 


896  COLONIAL  RECORDS. 


At  a  Council  held  at  New  Bern  11'"  October  1748 

Present  His  Excellency  the  Governour 
rp,     TT     tie  /  Nath  Rice  Roger  Moore  1  Esq"  Members 

Itie  ±lon    j  g^^^d  Moseley     Will  Forbes   /     of  Council 

Read  the  following  petitions  for  Warrants  for  Land  Viz' 
John  Nelson  156  Carteret,  John  Bush  200  New  Hanover,  Abraham 
Boyd  300  Bladen     Granted. 

Read  the  following  petitions  for  Grants  for  Patents  Viz' 
Jacob  Paul  20  Bladen,  D°  300  D°,  William  Isler  100  Craven,  Bryan 
Ward  300  Bladen,  Jasper  Alday  80  Johnston,  Joel  Lashley  120  Craven, 
Robert  Savage  300  D°,  George  M"Keen  250  Carteret,  Francis  Stringer 
300  Craven,  William  Mackintosh  200  Johnston,  Thomas  Armstrong  400 
Bladen,  Robert  Nicholson  150  Johnston,  Thomas  Tarmer  200  D°,  John 
Dees  100  D°,  George  Miller  100  Craven,  Edward  Ward  Junior  200 
Onslow,  William  Beasley  200  Craven     Granted 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
Joseph  Bryan  200  Craven,  Abraham  Boyd  350  Onslow,  James  John- 
ston 200  Carteret,  William  Hinton  100  Craven,  Thomas  Lewis  50  Car- 
teret, Joseph  Pitman  100  Craven,  William  Shepard  Foster  300  D°,  Wil- 
liam M'Dead  200  New  Hanover,  John  Rue  200  Craven,  William  White- 
hurst  350  Carteret,  Hardy  Hinton  300  Craven     Granted 
Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
Thomas  Lewis  for  100  Carteret,  William  Powell  200  Johnston,  Henry 
Oberry  300  Bladen,  D"  300  D°,  John  Lambert  300  Craven,  Samuel 
Rawlins  200  Johnston,  D"  200  D°,  John  Rogers  200  Craven,  Henry 
Oberry  600  Bladen     Granted 

Read  the  Petition  of  John  Blackman  shewing  certain  errors  in  his 
Plot  and  patent,  praying  the  same  may  be  amended  (that  is  to  say)  the 
second  course  N°  45  West  to  be  Altered  to  N°  45  East  and  the  last 
course  S"  45  East  to  be  made  S°  45  West,  Which  was  Granted  and 
Ordered  that  the  Plot,  Patent  and  Record  thereof  be  altered  accordingly 

At  a  Council  held  at  New  Bern  12'"  October  1748 

Present  His  Excellency  the  Governour 
T'l  p  TT     bie    i  Nath  Rice  Roger  Moore  \  Esq"  Members 

\  Edward  Moseley     Will  Forbes   J      of  Council 
Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 

John  Renders  100  Onslow,  Joseph  Bows  100  Craven     Granted 


COLONIAL  RECORDS.  897 


At  a  Council  held  at  New  Bern  14""  October  1748 

Present  His  Excellency  the  Governour 

( Nath  Rice  Roger  Moor-|  ^       Members 

ThcHon""^^  Rob'Halton  and  I  Ji^sq    iViemDers 

(Edw^Moseley      Will  Forbes  j      or  i^-ouncii 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Atkinsons  100  Johnston,  Gibson  Martin  200  D°,  Mark  Driggers 
100  Craven     Granted 

Read  the  petitions  for  Grants  for  Patents  Viz' 

Jacob  Reasonover  150  Craven,  Mathias  Camp  300  T>°,  Greshom  Ben- 
bow  200  Bladen,  John  Fonvielle  100  New  Hanover,  Jno  Giles  160  Cra- 
ven, Francis  M°Clendon  600  D°     Granted 

Read  the  Petition  of  Peter  Cliff  setting  forth  that  at  the  last  Council 
an  Order  passed  directing  the  Surveyor  General  to  return  a  Plot  into  the 
Secretarys  Office  in  Consequence  of  a  Warrant  which  the  petitioner 
obtained  for  three  hundred  Acres  of  Land  situate  in  New  Hanover 
County  on  Smiths  Creek,  Surveyed  by  the  late  William  Gray  Deputy 
Surveyor  But  such  plot  not  being  yet  returned  He  humbly  prays  a  Re- 
survey  on  the  said  Land ;  which  is  Granted  and  Ordered  that  the  Sur- 
veyor General  cause  a  resurvey  to  be  made  thereof  and  make  a  report  of 
his  Doings  to  this  Board 

A  Proprietors  patent  for  588  Acres  of  Land  in  Bertie  Precinct  to  John 
and  James  Swain  was  Exhibited  in  Council  and  Alteration  in  the  same 
prayed  that  is  to  say  that  the  Course  West  420  in  the  same  being  errone- 
ous might  be  altered  to  East  which  was  Granted  and  done  in  Council  and 
Ordered  that  the  record  be  made  agreeable  to  the  patent  so  rectified 

Read  the  Petition  of  John  Howard  of  Onslow  County  setting  forth 
that  he  obtained  his  Excellencys  Warrant  for  six  Hundred  and  forty 
Acres  of  Land  including  his  plantation  and  Improvements  which  has 
been  duly  surveyed  and  returned  into  the  proper  Office.  And  in  Conse- 
quence whereof  he  has  obtained  a  Grant  but  that  the  Deputy  Surveyor 
thro  Ignorance  in  laying  of  the  same  has  left  out  the  Petitioners  Planta- 
tion House  and  Improvements  and  run  the  Survey  into  Lands  adjoining 
belonging  to  other  persons  to  compleat  the  Complement  aforementioned 
thro'  which  means  the  petitioner  has  but  very  little  if  any  Land  left  him 
tho  he  has  paid  Quit  rents  for  the  aforesaid  six  hundred  and  forty  Acres 
for  several  years  last  past 

Wherefore  he  humbly  prays  that  an  Order  may  pass  directed  to  the 
Surveyor  General  to  Survey  tlie  Premises  Granted  and  Ordered  that 
the  Surveyor  General  cause  the  same  to  be  surveyed  and  laid  off  accord- 
ingly and  return  a  plot  thereof  to  this  Board 


COLONIAL  RECORDS. 


His  Excellency  the  Governour  was  pleased  to  recommend  it  to  the 
consideration  of  the  Council  whether  instead  of  New-Bern  the  present 
Seate  of  Government,  it  wonld  not  be  more  Eligible  to  make  and  Estab- 
lish the  same  upon  Trent  river  the  publick  Buildings  not  being  yet 
erected  at  New  Bern  pursuant  to  Act  of  Assembly  in  regard  of  the 
known  unhealthiness  of  the  former  place  from  the  badness  of  the  water 
and  other  Causes,  And  the  want  of  proper  Accomodations  in  the  said 
Town. 

The  Council  having  considered  of  his  Excellency's  Motion  were  of 
Opinion  that  there  was  sufficient  Reason  for  removing  the  Seat  of  Gov- 
ernment, and  that  Trent  river  would  be  a  proper  place  whereon  to  fix  the 
same;  and  that  when  a  particular  place  has  been  pitched  on  a  Bill  should 
be  brought  in  for  that  purpose. 

And  then  his  Excellency  was  pleased  to  name  Roger  Moore  and  Wil- 
liam Forbes  Esq"  as  Commissioners  for  viewing  the  West  side  of  the 
said  River,  in  Order  to  find  out  a  convenient  spot  for  the  Seate  of  Gov- 
ernment and  to  make  Report  of  their  Doings  therein  at  the  next  Council. 

At  a  Council'held  at  New  Bern  15*  October  1748 

Present  His  Excellency  the  Governor 

{Nath  Rice  Roger  Moor  ^  t-,    „  n,r      . 

Rob'Halton  and  (Esq    Members 

Edw-'Moseley      Will  Forbes  j      »*  '-o"""] 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Francis  Bentons  300  Johnston,  William  Belks  100  D",  William  Arren- 
dal  100  D°     Granted 

Read  the  Petition  of  Samuel  Pacy  for  a  Grant  for  three  hundred  Acres 
of  Land  in  Craven  County     Granted 

By  Order         .JNO  RICE,  C.  C. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Mo.  26.] 

LEGISLATIVE  JOURNALS. 

North  Carolina 

At  an  A.ssembly  begun  and  held  at  Newbern  the  fifteenth  day  of 
March  in  the  year  of  our  Lord  oile  thousand  seven  hundred  and  forty 
seven,  [1748]  in  the  twenty  first  year  of  his  Maje.sties  reign  &c.  and 
continued  by  several  Prorogations,  and  Adjournments,  untill  the  eighteenth 
dav  of  this  instant. 


COLONIAL  RECORDS.  899 


Friday  March  the  18'"     The  House  met 
Present. 

{Robert  Halton    Edward  Moseley  "| 
Eleazar  Allen      W"  Forbes  V  Esq"  Members 

Mathew  Rowan  j 

The  House  met,  &  adjourned  until  to  morrow  morning  9  of  the  clock. 

The  House  met  according  to  Adjournment. 
Present 
r  Robert  Halton     Edward  Moseley  ~| 
The  Hon"V  Eleazer  Aljen       William  Forbes    VEsq"  Members. 
(  Mathew  Rowan  j 

His  Excellency  came  to  the  House,  and  sent  a  mandate  to  the  Lower 
House  ordering  their  immediate  attendance.  Whereupon  the  Speaker 
attended  by  the  House  waited  upon  his  Excellency  in  the  Council  Cham- 
ber and   made  the  following  Speech,  (viz.) 

Gextlemex  of   his  Ma.j""  Council,  Me.  Speaker,  &  Gent"  of 

THE  House  of  Burgesses. 

You  are  now  assembled  in  order  to  take  into  your  serious  considera- 
tion the  circumstances  of  your  Country,  which  indeed  are  very  melan- 
choly and  deplorable;  besides  the  calamities,  which  constantly  attend  a 
state  of  war,  and  which  we  suifer  in  common,  with  the  rest  of  his  Maj- 
esties Subjects,  there  are  many  peculiar  distresses  and  hardships,  we 
labour  under  which  call  for  a  speedy  and  immediate  redress;  It  is  for 
this  purpose  Gentlemen,  I  have  now  called  you  together;  it  would  be 
a  shamefuU  wasting  of  your  Time,  if  I  should  pretend  to  enter  into  a 
particular  detail  of  our  misfortunes,  I  have,  too  often,  had  occasion  to 
mention  them  at  great  lengths,  to  former  Assemblies,  and  now  they  are 
too  plainly  seen,  and  sensibly  felt  by  everybody,  that  it  would  be  multi- 
plying words  in  vain  to  enter  into  a  minute  discustion  of  them;  all 
therefore  I  shall  do  at  this  time,  is  to  assure  you,  and  I  can  do  it  with 
great  truth,  and  sincerity,  that  I  now  meet  you  with  a  mind  fully  bent 
with  inclinations  heartily  determined  to  concur  with  you,  in  eveiy  meas- 
ure, that  may  relieve  the  people  in  their  present  unhappy  condition, 
and  shall  pay  the  greatest  regard  to  your  advice  and  council,  in  all  my 
actions.  GAB:  JOHNSTON. 

Mr.  Starkey  &  Mr.  Swan  Brought  up  the  following  messages  viz. 

We  have  appointed  Mr.  .John  Starkey,  Mr.  John  Swann,  Mr.  Francis 
Stringer,  Mr.  John  Carruthers  and  Mr.  Rufus  Marsdeu  a  Committee  to 
examine,  state  and   settle  the  publick  accounts.   And  Mr.  Thomas  Low- 


900  COLONIAL  RECORDS. 


ther,  Mr.  Benjamin  Peyton,  Mr.  John  Haywood,  Mr.  John  Sampson 
and  Mr.  William  Eaton,  on  the  publick  claims,  in  conjunction,  with 
those  of  his  Majestie's  Council,  whom  your  House  shall  appoint  for  the 
same  purpose.  Whereupon  the  House  upon  reading  the  same,  thought 
proper  to  send  the  following  Message.' 

Mr.  Speaker. 

In  answer  to  your  Message,  this  House  have  appointed  the  following 
Members  as  Committees  to  join  those  of  yours,  ou  accounts,  and  claims. 

Eleazar  Allen,  Edward  Moseley,  Esq"  on  tlie  Accounts. 

Mathew  Rowan,  William  Forbes,  Esq"  on  the  Claims. 

And  are  ready  to  proceed  on  business. 

M'  Swann  &  M"'  Sampson  Brought  up  a  Bill  for  an  Act  for  granting 
unto  his  Majesty  the  sum  of  Proclamation  money  for,  and  towards 

building  fortifications  in  this  Province,  and  for  stamping  and  emitting 
the  sum  of  twenty  one  thousand,  three  hundred  and  fifty  pounds  Publick 
Bills  of  Credit  of  North  Carolina,  at  the  rate  of  Proclamation  money, 
for  payment  thereof,  and  for  exchanging  the  present  Bills  of  Credit, 
and  for  payment  of  the  publick  debts  of  this  Province,  and  for  de- 
fraying the  contingent  charges  of  Government. 

M'  Sinclare  &  M"'  Starkey  Brought  up  the  following  Bill  for  an  Act 
to  provide  indifferent  jurymen  in  all  cases,  both  civil,  and  criminal,  and 
for  an  allowance  for  their  attendance.  In  the  General  Assembly  read  the 
first  time  and  past. 

Then  the  House  was  pleased  to  order  the  Bill  for  an  Act  for  granting 
to  his  Majesty  the  sum  of  Proclamation  money,  for,  and  towards 

building  fortifications  in  this  Province,  and  for  stamping  &  emitting  &c. 
to  be  read,  which  accordingly  was,  &  past  the  first  time. 

Also  the  Bill  for  an  Act  to  provide  indifferent  jurymen  &c.  Read  the 
first  time  and  passed. 

Then  the  House  adjourned  until  to  morrow  morning  9  of  the  clock. 

Saturday  the  19*     The  House  met  according  to  Adjournment. 
Present 

(  Robert  Halton         Edward  Moseley  ^ 
The  hon^'V  Eleazer  Allen  William  Forbes    vEsq"  Members 

(  Mathew  Rowan  ) 

The  House  adjourned  untill  3  of  the  clock  in  the  afternoon 

The  House  met  according  to  Adjournment 


COLONIAL  RECORDS.  901 


Present. 

{Robert  Halton         Edward  Moseley  "j 
Eleazar  Allen  William  Forbes,  >  Esq"  Members 

Mathew  Rowan  j 

M"^  Starkey  and  M'  Peyton  Brought  up  a  Bill  for  an  Act,  for  regu- 
lating the  several  Officers  Fees  within  this  Province,  and  ascertaining  the 
method  of  paying  the  same. 

Also  a  Bill,  for  an  Act  for  destroying  of  Vermin,  within  tJiis  Prov- 
ince.    In  the  Lower  House  read  the  first  time,  and  past. 

Then  tlie  House  adjourned  to  Monday  morning  9  of  the  clock 

Monday  "21"     The  House  met  according  to  Adjournment. 
Present 
r  Robert  Halton  Edward  Moseley  ") 

The  h(>n'''V  Eleazar  Allen  William  Forbes    >  Esq"  Members. 

(  Math :  Rowan  j 

Then  the  House  ordered  tlie  Bill  for  an  Act  for  destroying  of  Vermin 
to  be  read.  Which  accordingly  was  &  past  the  first  time  with  Amend- 
ments 

Also  the  Fee  Bill,  read  the  first  time  and  past. 

Then  the  House  adjourned  untill  o  of  the  clock  in  the  afternoon 

The  House  met  according  to  Adjournment. 
Present 

(  Robert  Halton         Edward  Moseley  ~| 
The  hon^V  Eleazar  Allen  William  Forbes,  V  Esq"  Members. 

(  Math :  Rowan  j 

And  adjourned  untill  to  morrow  morning  9  of  the  clock. 

Tuesday  22°''     The  House  met  according  to  adjournment. 
Present 
(  Robert  Halton  Edward  Moseley  "| 

The  hon""-;  Eleazar  Allen  William  Forbes,  V  Esq"  Members. 

(  Math :  Rowan  j 

M'  Starkey  &  M'  Carruthers  Brought  up  the  two  following  Bills  (viz.) 
The  Bill  for  an  Act  to  provide  indiiferent  jurymen,  the  Vermin  Bill 
In  the  Lower  House  read  the  second  time,  and  past  with  Amendment. 

In  this  House  Read  the  A^ermin  Bill  the  second  time  and  past  with  an 
Amendment. 

Then  the  House  adjourned  until  3  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 


902  COLONIAL  RECORDS. 


Present 

r  Robert  Halton  Edward  Moseley  ~| 
The  hoii^V  Eleazar  Allen  William  Forbes    VEscf^  Members 

(  Math:  Rowan  j 

And  adjourned  until  to  morrow  9  of  the  clock. 

Wednesday  23^     The  House  met  according  to  Adjournment 
Present 
f  Robert  Halton       Edward  Moseley  ) 
The  hon""-^  Eleazar  Allen         Roger  Moore         >  Esq"  Members. 

(  Mathew  Rowan     William  Forbes    j 
Mr.  Sampson  &  Mr.  Smitli  Brought  up  a  Bill   for  an  Act  to  prevent 
the  exportation  of  raw  hides,  pieces  f)f  hides,  and  Calfskins  out  of  this 
Government.     In  the  Lower  House  read  the  first  time  and  past.     In 
this  House  read  and  passed. 

Then  the  House  adjourned  until  .'5  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
(  Robert  Halton     Edward  Moseley  ] 
Thehon^'-J  Eleazar  Allen       William  Forbes    V  Esq"  Members. 

(  Mathew  Rowan  ) 

Mr.  Sampson  &  Mr.  Makilwean  Brought  up  the  following  Bills  (viz.) 
The  Currency  Bill  &  the  Bill  for  payment  of  Officers  Fees.     In  the 
Lower  House  read  the  second  time  and  past. 

Then  the  House  adjourned  until  to  morrow  morning  9  of  the  clock. 

Thursday  March  24""     The  House  met  according  to  Adjournment. 
Present 
r  Robert  Halton     Edward  Moseley  ~| 
The  hon^'V  Eleazar  Allen       Roger  Moore     '    V  Esq"  Members. 

(Math:  Rowan       William  Forbes  j 
Mr.  Sinclare  &  Mr.  Jones  Brought  up  the  Vermin  Bill     In  tiie  Lower 
House  read  the  third  time  and  passed  with  Amendments. 

The  House  on  reading  the  Currency  Bill  were  pleased  to  send  the  fol- 
lowing messag^e 

Mr.  Speaker  &  Gentlemen, 

On  reading  the  Currency  Bill,  we  find  the  taxes,  for  sinking  the  Bills 
are  to  be  paid  in  certain  commodities,  which  method,  we  are  unanimously 
of  opinion  can  be  of  no  manner  of  service  in  the  discharge  of  said  taxes, 
and  may  be  a  detriment  to  the  Currency  as  they  are  rated,  the  reasons  for 
it,  we  think,  are  very  plain,  (viz)  if  the  commodities  are  rated  very  low, 
they  are  useless  in  the  Bill,  and  if  high  as  some  of  them  are,  they  will 


COLONIAL  RECORDS.  903 


endanger  tlie  credit  of  the  Bills.  We  therefore  think  tliey  onght  to  be 
struck  out;  and  liope  wlien  you  reconsider  this  matter,  you  will  join 
with  us  as  we  don't  see  any  other  material  objection  to  the  Bill  at  present. 

Mr.  Haywood  &  Mr.  Howel  Brought  up  a  Bill,  for  an  Act,  to  ap- 
point Commissioners,  to  continue  running  the  boundary  line,  between 
Edgcomb  County,  Tyrrel,  and  part  of  Beaufort  County.  In  the  Lower 
House  read  the  first  time,  and  past. 

Mr.  John  Swann,  Brought  up  the  message  sent  down  to  the  Lower 
House,  regarding  the  Currency  Bill,  concurred  with. 

Then  the  House  adjourned  until  three  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
r  Robert  Halton       Edward  Moseley"] 
The  hou"°<^  Eleazar  Allen         Roger  Moore         >  Esq"  Members. 

(^  Mathew  Rowan      William  Forbes  J 
Then  the  House  took   under  their  consideration,  the  Currency  Bill, 
and  after  making  several  amendments  therein,  put  the  same  to  the  House 
which  passed  the  second  time. 

Then  the  House  adjourned  until  to  morrow  morning  9  o'  the  clock 

Fryday  25"'     The  House  met  according  to  Adjournment. 
Present 
(  Robert  Halton       Edward  Moseley  ~| 
The  hon""-*!  Eleazar  Allen         Roger  Moore         VEsq"  Members. 
(  Mathew  Rowan     William  Forbes   j 

Mr.  Eaton  &  Mr.  Jones  Brought  up  a  Bill,  for  an  Act  for  laying  a  tax 
on  the  inhabitants  of  Granville  County;  and  for  appointing  Commis- 
sioners, to  compleat  and  finish  the  publick  buildings  already  begun  in 
the  said  County     In  the  General  Assembly  read  the  first  time,  and  past. 

Mr.  Bell  and  Mr.  Howell  Brought  up  the  Bill,  for  an  Act,  to  prevent 
the  exportation  of  raw  hides  &c.  In  the  General  Assembly  read  the 
second  time,  and  passed  with  Amendments. 

Mr.  Swann  &  Mr.  Sinclare  Brought  up  a  Bill  for  an  Act  intituled  an 
Act  to  appoint  publick  Treasurers  with  whom  the  Sheriffs  of  the  several 
and  respective  Counties,  within  this  Province  and  all  others  concerned  in 
the  receipt  of  any  publick  monais  raised,  or  to  be  raised  shall  account, 
and  to  compel  all  such  other  persons,  who  have  any  publick  money  in 
their  hands  to  account  with,  and  pay  the  same  to  the  said  Treasurers. 
In  the  General  Assembly  read  the  first  time,  and  passed. 

Then  the  House  adjourned  until  3  of  the  clock  in  the  afternoon. 


904  COLONIAL  RECORDS. 


The  House  met  according  to  Adjournment. 
Present 
(  Robert  Halton     Edward  Moseley  1 
The  hon"'  <  Eleazar  Allen       Roger  Moore         >  Esq"  Members. 
(  Mathew  Rowan    William  Forbes   j 
And  adjourned  until  to  morrow  morning  9  o'  the  clock. 

Saturday  26*     The  House  met  according  to  adjournment. 
Present 
(  Robert  Halton     Edward  Moseley  "j 
The  hon'''"  <  Eleazar  Allen       Roger  Moor  vEsq"  Members. 

(  Mathew  Rowan    William  Forbes   j 
Read  the  Bill,  for  an  Act,  for  appointing  publick  Treasurers  in  this 
Province.  The  first  time,  and  passed 

The  Bill  for  an  Act,  for  running  the  boundary  line,  between  Edgcomb 
County,  Tyrrel  and  part  of  Beaufort  County,  Read  the  first  time  and 
past. 

The  Bill,  for  an  Act,  for  laying  a  tax  on  the  inhabitants  of  Granville 
County,  Read  the  first  time,  and  past. 

The  Bill,  for  an  Act  to  prevent  the  exportation  of  raw  Hides,  read  the 
first  time  and  past. 

Then  the  House  adjourned  until  .3  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 

{Robert  Halton     Edward  Moseley  ) 
Eleazar  Allen       Roger  Moore         VEsq"  Members. 
Mathew  Rowan    William  Forbes  j 
And  adjourned  until  Monday  morning  9  o'  the  clock. 

Monday  28"'     The  House  met  according  to  adjournment. 
Present 
f  Nathaniel  Rice     Edward  Moseley  ^ 

rni     1      Me       Robert  Halton      Roger  Moore  -r,    „  -..r      i 

ihe  hon""  -    -r,,  .„  -iir-n-        tti    i         ,    Esq"  Members. 

I    h/leazar  Allen        William  rorbes     '         ^ 


Mathew  Rowan 

Mr.  Eaton  and  Mr.  Jones  Brought  up  the  following  Bills  (viz.) 
The  Bill  for  an  Act,  for  laying  a  tax  on  the  inhabitants  of  Granville, 
&c.     The  Bill  for  an  Act,  for  continuing  the  running  the  boundary  line 
between  Edgcomb  County  &  Tyrrel  &c.     In  the  General  Assembly,  read 
the  second  time,  and  past  with  Amendments. 

Mr.  Sinclare  &  Mr.  Swann  Brought  up  the  Bill  for  an  Act  for  pro- 
hibiting the  exportation  of  raw  hides  &c.  In  the  General  Assembly 
read  the  third  time,  and  past  with  Amendments. 


COLONIAL  RECOKDS.  906 


Mr.  Eaton  &  Sir.  Haywood,  Brought  up  the  Bill  for  an  Act,  for  ap- 
pointing pnhlick  Treasurers,  to  call  sundry  persons,  who  are  indebted  to 
the  Publick,  to  account.  In  the  General  Assembly  read  the  second  time 
and  past. 

The  Bill  for  an  Act  for  laying  a  tax  on  the  inhabitants  of  Granville 
&c  Read  the  second  time  and  past. 

The  House  on  reading  the  Bill  for  an  Act  for  prohibiting  the  exporta- 
tion of  raw  hides  &c  the  third  time  thought  proper  to  send  the  following 
message  upon  an  amendment  made  by  this  board  (viz.) 

M'  Speaker  and  Gentlemen, 

In  the  Bill  to  prevent  the  exportation  of  hides  untanued,  there  is  a 
proviso  to  exempt  the  Master  from  the  forfeiture  (in  case  he  takes  an 
oath)  that  the  hides  found  were  put  on  board  without  his  privity  or  pro- 
curement: to  which,  we  are  of  opinion,  it  would  be  proper  to  add  these 
words  (viz.)  but  the  same  be  paid  by  the  person  who  has  put  the  same  on 
board. 

As  this  is  to  be  the  third  time  of  reading  in  our  House,  if  you  concur 
with  this  our  proposed  amendment,  we  shall  send  you  that  Bill,  marked 
with  a  third  reading. 

The  above  message  sent  back  from  the  Lower  House  concurred  with. 
The  above  Bill  indorsed,  read  the  third  time  and  ordered  to  be  sent 
down,  and  engrossed. 

Then  the  House  adjourned  until  3  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
Nathaniel  Rice         Edward  Moseleyl 
Robert  Halton  Roger  Moore         | 

Eleazar  Allen  William  Forbes 

(^  Mathew  Rowan 

Mr.  Eaton  and  Mr.  Swann  brought  up  the  Bill  for  an  Act  for  laying 
a  tax  on  the  inhabitants  of  Granvile  &c.  In  the  General  Assembly 
read  the  third  time  and  past  with  Amendments. 

The  Bill  for  an  Act  for  destroying  of  Vermin.  Read  the  third  time  and 
sent  down  to  be  engrossed. 

The  Bill  for  an  Act  for  regulating  the  several  Officer's  fees  &c.  In 
this  House  read  the  second  time,  and  past  with  Amendments. 

Then  the  House  adjourned  until  tomorrow  morning  9  o'  the  clock. 


906  COLONIAL  EECORDS. 


Tuesday  March  29'"     The  House  met  according  to  Adjournment. 
Present 
r Nathaniel  Rice         Edward  Moseley"! 

The  iion«=J  5°'^"'*  ^f*""  ?,?.ff.''  ^^T'^         ■  Esq"  Members. 

I  Eleazar  Allen  A\  illiam  Forbes  i 

[  Mathew  Rowan  J 

The  House  ordered  the  Bill  for  an  Act  for  appointing  Jurymen  &c.  to 
be  read,  which  accordingly  was,  and  after  making  several  amendments 
therein  past  the  same  a  second  time. 

The  Act  for  continuing  the  running  the  boundary  line  of  Edgcomb 
County,  and  Tyrrel  &c  read  the  second  time  and  past. 

The  Treasurers  Bill  read  the  second  time  and  past  with  Amendments. 

Then  the  House  adjourned  until  3  o'  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
(  Nathaniel  Rice         Edward  Moseley  "> 

The  hon''''=  I  Robert  Halton  Roger  Moore     "    V  Esq"  Members. 

(  Mathew  Rowan        William  Forbes    j 

Mr.  Haywood  and  Mr.  Howel  brought  up  the  Bill  for  an  Act  for 
running  the  boundary  line  between  Edgcomb  County  and  Tyrrel  &c. 
In  the  General  Assembly  read  the  third  time  and  past. 

Mr.  Swann  and  Mr.  Sampson  brought  up  the  Bill  for  an  Act  for  reg- 
ulating Officers  fees.  In  the  General  Assembly  read  the  third  time  and 
past  with  Amendments. 

The  Bill  for  an  Act  for  laying  a  further  tax  on  the  inhabitants  of 
Granvile  County,  read  the  third  time  and  past,  Ordered  to  be  sent  down 
and  engrossed. 

Then  the  House  adjourned  until  to  morrow  morning  9  o'  the  clock. 

Wednesday  30""     The  House  met  according  to  Adjournment 
Present 
r Nathaniel  Rice         Edward  Moseley^ 
The  hon"«  '  Kobert  Halton  Roger  Moore     '    !   ^        Members 

^''^  """      I  Eleazer  Allen  William  Forbes    f  ^'*1    Membeis. 

l^  Mathew  Rowan  J 

Mr.  Sinclare  and  Mr.  Swann  brought  up  the  Jury  Bill.  In  the  Gen- 
eral Assembly  read  the  third  time  and  past  with  Amendments 

Read  the  Bill,  for  an  Act,  for  to  continue  running  the  boundary  line 
between  Edgcomb  County,  and  Tyrrel  County  &e.  the  third  time  and 
past,  ordered  the  same  to  be  sent  down,  and  engrossed  which  accordingly 
was. 

Also  the  Bill  for  an  Act  for  providing  indifferent  Jurymen,  read  the 
third  time,  and  past,  and  ordered  to  be  sent  down  and  engrossed. 


COLONIAL  RECORDS.  907 


Mr.  Eaton  &  Mr.-  Sinelare  Brought  up  the  Treasurers  Bill  In  the  Gen- 
eral Assembly,  read  the  third  time,  and  passed  with  Amendments. 

.Upon  reading  the  Bill  for  ascertaining  the  several  Officers  fees  within 
this  Province,  The  board  was  pleased  to  send  the  following  message  (viz.) 

Mr.  Speaker  &  Gentlemen 

The  fee  Bill  being  now  with  us  for  a  third  reading,  We  think  proper 
to  add  these  fees,  (viz.)  to  the  Governour  for  dismission  of  every  Bill, 
where  the  cause  don't  come  to  tryal,  and  final  hearing,  twenty  shillings. 
To  the  Clerk  of  the  General  Court  of  Assize  &c  for  certificate  of  each 
Juror's  attendance,  six  pence.  To  the  Clerks  of  the  County  Courts,  for 
all  services  for  the  County,  for  which  no  fees  are  provided  ^  annum 
thirteen  shillings,  and  four  pence.  To  the  several  Clerks,  four  pence  '^ 
copy  sheet  instead  of  three  pence. 

We  are  of  opinion  to  add  the  title  of  the  aid  Act  to  the  Proviso,  for 
discharging  body,  or  goods  in  execution  (viz.)  An  Act  for  granting  an 
aid  to  his  Majesty  to  defray  the  expences  of  &c. 

We  are  also  of  opinion,  that  in  the  naval  Officer's  fees  and  Collectors 
there  should  be  no  distinction  made  as  to  tonnage  of  vessells  but  that  all 
those  fees  should  be  incerted  at  one  pound  ten  shillings. 

The  honourable  Mathew  Rowan  Esq"  one  of  the  Members  of  this 
board  moved  to  bring  in  a  Bill,  for  an  Act  to  enlarge  the  time  for  the 
Commissioners  of  the  roads  &c.  Which  was  accordingly  agreed  to,  and 
read  the  first  time  and  past. 

Mr.  Starkey  and  Mr.  Swann  Brought  the  following  message,  iu 
answer  to  the  message  of  this  House,  upon  the  proposed  amendment  of 
this  House  in  the  Fee  Bill  (viz.) 

Gentlemen  of  His  Maj"°''  Council, 

We  concur  with  your  honours,  in  all  the  amendments  you  propose  in 
your  message  of  this  day,  except  that  relating  to  the  Collectors,  and 
naval  Officer's  fees,  which  this  House  are  satisfied  are  rated  larger  on  the 
Vessells,  under  one  hundred  tons,  than  have  been  heretofore  allowed,  by 
any  Law  of  this  Province,  for  any  Vessells  whatsoever,  therefore  cannot 
concur  with  you,  on  any  amendment  in  those  fees;  to  which  this  House 
were  pleased  to  send  the  following  answer. 

Mr.  Speaker  &  Gentlemen, 

We  have  received  your  message  of  this  day,  wherein  you  concur  with 
our  amendments  to  the  fee  Bill,  excepting  what  relate  to  the  Col- 
lector's, and  naval  Officer's  fees;  to  which  you   say,  you  are  satisfied, 


908  COLONIAL  RECORDS. 


they  are  rather  larger  ou  vessells  under  one  hundred  ton,  than  have  been 
heretofore  allowed,  Therefore  you  cannot  conenr,  we  hope  you  will 
acquaint  ns  with  the  reasons  That  have  satisfied  you,  that  we  may,  no 
longer,  have  the  appearance  of  the  least  disagreement  in  our  sentiments, 
otherwise  we  hope  you  will  accede  to  our  proposed  amendment. 

The  Bill  for  an  Act  for  appointing  publick  Treasurei's  &e.  read  the 
third  time  and  passed.     Ordered  to  be  sent  down  and  engrossed. 
The  House  adjourned  until  three  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
C  Nathaniel  Rice     Edward  Moseley  "^ 

The  hou"'  J    ^""^^"^  ^"'*''"       ^"^''''  ^°°''''  '-  T^-"  TVT.n,!..,.. 

int  nou         Eleazar  Allen       William  Forbes 

(^  Mathew  Rowan 

Mr.  Bartram  &  Mr.  Clark  Brought  up  the  Bill,  for  an  Act  to  enlarge 
the  time  for  the  Commissioners  of  the  roads  &c.  In  the  general  Assem- 
bly read  the  first  time  and  past  As  also  the  following  message  (viz.) 

Gentlemen  of  His  Majesties  Council, 

We  read  your  message  of  this  date  wherein  you  desire  us  to  acquaint 
you  with  the  reasons,  which  we  say  have  satisfied  us,  that  the  fees  which 
relate  to  the  Collectors,  and  Naval  Officers,  are  rather  larger  on  Vessels 
under  one  hundred  tons,  than  have  heretofore  been  allowed.  We  do  not 
think  such  a  message  is  altogether  regular  in  Parliamentary  proceedings, 
and  hope  hereafter  may  not  be  drawn  into  president  but  that  you  may 
find  we  desire  nothing  more  than  to  keep  up  a  good  understanding  be- 
tween the  two  Houses,  and  which  is  absolutely  necessary,  for  the  dispatch 
of  publick  business,  we  shall  proceed  to  acquaint  you  with  the  reasons, 
that  have  satisfied  us,  on  the  articles  relating  to  the  said  Officer's  fees  by 
a  law  in  this  Province  passed  in  the  year  17L5  intitled  an  Act  for  ascer- 
taining Officer's  fees;  The  Collector's  fees  for  entring  and  clearing  for- 
reign  Vessels  is  but  twelve  shillings  and  six  pence,  and  the  Governor's  fees, 
which  are  now  the  Naval  Officer's  fees,  for  entring  and  clearing  forreign 
Vessels  is  no  more  than  one  pound  two  shillings  and  six  pence,  and  the 
fees  for  the  Naval  Officers  were  again  regulated  by  a  subsequent  law, 
it  was  only  to  make  them  payable  in  current  Bills  equal  to  the  real  value 
of  the  money,  they  were  by  the  first  Law  to  have  been  paid,  in  which  we 
presume  were  silver,  as  it  is  directed  to  pass  by  the  Statute  of  the  sixth 
of  Queen  Anne,  for  ascertaining  the  rate  of  forreign  coin  in  America. 
We  doubt  not  when  you  have  considered  the  above,  and  compared  the 


COLONIAL  RECORDS.  909 


Bill,  as  we  sent  it  to  you,  with  the  old  Fees  settled  by  Law,  yoti  will 
also  be  satisfied,  that  the  said  Fees  are  rather  larger  than  heretofore 
settled. 

The  House  on  reading  the  above  message,  &  considering  the  same, 
put  the  Bill  to  the  House,  whether  the  same  should  pass  on  the  amend- 
ments of  this  House,  and  agreed  to  by  the  Lower  House,  which  accord- 
ingly did,  and  tlie  same  was  sent  down,  and  ordered  to  be  engrossed. 

Then  the  House  adjourned  until  to  morrow  morning  nine  of  the  clock. 

Thursday  March  31"     The  House  met  according  to  Adjournment. 
Present 
r  Nathaniel  Rice     Edward  Moseley  ^ 

rpi     I      his      Robert  Halton     Roger  Moore  i^    „  tvt      u 

1  he  hon"'"  <  T7,,  .  ,,  w^t-        -c    i  >  Esq"  Members 

I  Eleazar  Allen       VViiliara  lorbes     |        ' 

(^  Mathew  Rowan  J 

Read  the  Bill  for  an  Act  for  enlarging  the  time  of  the  Commissioners 
to  call  the  tlefaulters  upon  the  roads  to  account.  Read  the  second  time 
and  past. 

Then  the  House  adjourned  until  3  of  the  clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 

Present 

r  Nathaniel  Rice     Edward  Moseley  ^ 

Tlie  Hon"'"    '  ^°^''''"'  ^"'*°"     ^"Ser  Moore  |  ^        Members 

inenon       j  Eleazer  Allen       William  Forbes     f  ^^    iviemDeis 

1^  Mathew  Rowan  J 

Mr.  Marsden  &  Mr.  Sampson  Brought  up  the  Bill,  for  an  Act,  for 
enlarging  the  time  of  the  Commissioners  of  the  roads  &c.  In  the  Gen- 
eral Assembly  read  the  second  time,  and  past,  also  the  following  mes- 
sage (viz). 

Gentlemen  of  His  Maj'""'  Council 

We  have  now  the  Bill,  for  an  Act  for  granting  to  His  Majesty  the  sum 
of  twenty  one  thousand,  three  hundred  and  fifty  pounds  proclamation 
money  &c.  on  the  third  reading  in  our  House;  as  one  part  of  the  money 
thereby  directed  to  be  struck,  is  for  paying  oif  those  persons,  to  whom 
the  Publick  is  debtor,  we  think,  we  ought  to  make  a  schedule  of  the 
claims,  allowed  from  time  to  time,  at  the  several  Sessions  of  former 
Assemblies,  and  also  such  as  are,  or  shall  be  allowed  at  this  Sessions; 
We  therefore  desire  you  will  direct  your  Clerk,  to  make  out  an  estimate 
to  be  sent  up  from  our  House  to  you,  for  concurrance. 

To  which  this  HoiLse  were  pleased  to  send  the  following  Message  (viz.) 


010  COLONIAL  RECORDS. 


Mr.  Speaker  &  Gentlemen, 

In  answer  to  your  Message  of  this  morning,  this  House  joins  with 
yours  in  thinking  that  a  schedule  of  the  claims,  allowed  by  former 
Assemblies  is  necessary,  in  order  to  be  included  in  the  currency  Bill,  as 
also  such  as  shall  be  allowed  at  this  Sessions.  As  the  members  of  this 
House  hav^  no  legal  claim  to  make  for  themselves;  we  have  ordered  the 
Clerk  to  make  out  an  estimate  of  such  sums  only,  as  are  due  to  him,  the 
several  doorkeepers  and  messengers  attending  the  service  of  it,  and  the 
charges  of  hiring  a  Council  Chamber  &c.  All  which  shall  be  laid  before 
you  to  morrow  morning. 

Read  the  Bill,  for  an  Act,  for  impowering  the  Commissioners  of  the 
roads  to  enlarge  the  time  &c.  In  this  House  read  the  third  time  &  past 
with  Amendments. 

Then  the  House  adjourned  until  to  morrow  morning  9  o'  the  clock. 

Friday  April  1"     The  House  met  according  to  Adjournment. 
Present 

{Nathaniel  Rice      Edward  Moseley") 
Robert  Halton       Roger  Moore         V  Esq"  Members. 
Mathew  Rowan     William  Forbes   j 
Mr.  Sampson  &  Mr.  Howe!  Brought  up  a  Bill  for  an  Act  to  alter  the 
times  of  holding  the  Courts  of  New  Hanover     In  the  general  Assembly 
read  the  first  time  and  past. 

Then  the  House  in  pursuance  of  the  Message  of  this  House  sent  last 
night  ordered  the  estimate  of  the  Officer's  wages,  and  expences  of  tliis 
House  to  be  sent  down  which  accordingly  was. 

And  adjourned  until  three  o'  the  Clock  in  the  afternoon. 

The  House  met  according  to  Adjournment. 
Present 
(  Nathaniel  Rice      Edward  Moseley  ~| 
<  Robert  Halton       Roger  Moore         V  Esq"  Members. 
(  Mathew  Rowan     William  Forbes   j 
Read  the  Bill  for  an  Act,  to  alter  the  times  of  holding  the  Courts  for 
the  County  of  New  Hanover,  the  first  time  and  past. 

Mr.  Sampson  &  Mr.  Swann  Brought  up  the  road  act.  In  the  General 
Assembly  read  the  third  time  and  past. 

Also  the  following  message,  together  with  the  several  estimates  of  the 
Publick  claims  &c. 

Gentlemen  of  His  Majestie's  Council, 

We  herewith  send  you  the  estimate  of  the  sums  claimed,  as  due  from 
the  Publick,  to  the  several  persons  therein  mentioned,  and  allowed  by 


COLONIAL  RECORDS.  911 


this  House,  together  with  a  vote  of  this  House  to  his  Excrellency  of  seven 
hundred  and  fifty  pounds  thirteen  shillings  and  four  pence,  proclamation 
money  for  his  extraordinary  expenees,  during  his  administration,  also  the 
report  of  the  Committee  of  Piiblick  accounts,  to  all  which  we  desire  your 
Honour's  concurrence. 

To  which  this  House  was  pleased  to  send  the  following  answer  (viz.) 

Me.  Speaker  &  Gentlemen, 

We  have  received  your  estimate  of  wages,  and  apjjrehend  you  have 
charged  the  Publick  with  forty  shillings  per  diem,  each  days  attendance 
of  each  respective  Member;  whereas  by  the  last  law  for  setling  of  the 
wages  of  the  Council,  and  General  Assembly,  the  wages  of  the  latter  was 
but  thirty  shillings,  and  tho'  the  law  has  been  some  time  expired ;  we  are 
of  opinion,  that  that  regulation  ought  to  be  a  rule  to  us,  with  respect  to 
the  wages  of  either  House,  till  such  time,  as  the  wages  of  either  shall  be 
again  fixed  and  ascertained  by  the  Legislature. 

Mr.  Eaton  Brought  up  the  Bill  for  an  xlct,  to  alter  the  time  of  the 
sitting  of  the  County  Courts  in  New  Hanover  County;  in  the  General 
Assembly  read  the  second  time  &  past.     In  this  House  read  &  past. 

Mr.  John  Swann  brought  up  the  Bill  for  an  Act  to  alter  the  time  of 
sitting  of  the  County  Courts  &c.  In  the  General  Assembly  read  the 
third  time  and  past,      also  the  following  message  (viz.) 

Gentlemen  of  His  Ma.jestie's  Council, 

We  received  your  message  wherein  you  say  you  apprehend  that  in  the 
estimate  of  the  wages,  we  have  charged  the  publick  with  40  shillings  per 
diem  for  the  attendance  of  each  respective  member,  and  mention  as  a 
president  That  it  ought  to  be  less,  a  former  Law  that  subsisted  but  a  few 
years  at  a  time,  when  the  Members  could  be  accommodated  much  cheaper 
than  they  have  been  since,  and  the  reasons  that  occasioned  the  passing 
that  Law  are  still  fresh  in  everyone's  memory;  We  judge  that  forty 
shillings  per  diem  is  but  very  moderate  allowance  for  the  expenees  of 
each  member,  and  as  the  Law  you  mention  is  long  since  expired,  we 
don't  see  that  it  ought  to  be  any  rule  to  us,  when  we  are  to  judge  now  on 
what  ought  to  be  the  reasonable  allowance  for  each  member;  and  have 
therefore  allowed  forty  shillings  for  each  member  as  aforesaid ;  but  if 
your  Honours  differ  in  opinion  from  us  we  are  willing  to  make  the  said 
allowance  of  each  Member  of  tiie  two  Houses,  at  any  sum  less,  that  yoii 
may  think  reasonable  allowance,  for  the  expenees  of  the  said  Members; 
and  desire  to  confer  with  you  on  that  subject. 

By  order.  SAMUEL  SWANN.  Speaker. 


912  COLONIAL  RECOKDS. 


Tlien  the  House  adjourned  till  to  morrow  morning  9  o'clocij. 

Saturday  April  2°''     The  House  met  according  to  Adjournment 
Present 
(  Nathaniel  Rice         Edward  Moseley  1 
The  hon^V  Robert  Halton  Roger  Moore         V  Esq"  Members. 

(Mathew  Rowan        William  Forbes,  j 
The  House  on  reading  the  message  of  the  Lower  House  sent  up  yes- 
terday were  pleased  to  send  the  following  Message. 

M'  Speaker  and  Gentlemen, 

In  answer  to  your  message,  relating  to  wages,  this  House  desire  you 
to  consider,  that  the  difference  between  the  payment  of  the  Council  and 
Assembly  was  not  ascertained  by  one  Law  only,  but  by  two,  (viz.)  The 
first  passed  in  the  year  1734  and  the  latter  in  the  year  1739  As  those 
Laws  are  expired,  it  is  the  opinion  of  this  House  that  if  payment  were 
made  it  ought  to  be  made  according  to  the  regulation  of  those  Laws 
until  a  new  one  shall  be  made ;  if  your  House  shall  concur  with  us,  the 
estimate  may  be  immediately  perfected;  otherwise  it  is  the  opinion  of 
this  House  that  the  Bill  pass,  without  wages  being  placed  in  the  estimate, 
rather  than  the  publick  business  should  be  retarded. 

By  order  of  the  Upper  House  RICHARD  LOVETT.  Clk. 

Mr.  John  Swann  brought  up  the  following  message,  in  answer  to  the 
foregoing  message 

Gentlemen  of  His  Maj""  Council 

We  received  your  message  of  this  day  in  answer  to  yours  of  yester- 
day wherein  you  tell  us  the  wages,  as  you  were  pleased  to  call  the  allow- 
ance for  the  expencesof  the  several  Members,  was  not  ascertained  by  one 
Law  only,  but  by  two,  to  wit,  the  first  past  in  the  year  1734,  the  latter 
in  1739.  And  as  these  Laws  are  expired,  it  is  your  opinion  if  payments 
are  to  be  made  it  ought  to  be  according  to  the  regulation  of  those  Laws, 
till  a  new  one  be  made  as  you  allow  those  Laws  expired,  and  we  remem- 
ber the  regulation  by  tliem  made  was  always  complained  of  by  the 
Country  in  general  we  presume  the  wliole  is  now  to  be  regulated  witliout 
regard  to  those  Laws,  and  are  ready  to  concur  with  you  in  any  regula- 
tion, as  to  what  may  be  thought  reasonable  allowances  '^  diem,  to  be 
paid  by  the  publick,  for  the  expence  of  each  member  of  the  two  Houses, 
and  for  that  purpose  was  our  message  of  yesterday,  wherein  we  desired 
a  conference  with  you,  of  which  you  are  to  take  no  notice. 

As  to  that  part  of  your  message  relating  to  passing  the  Bill  without 
the  debt  due  from  the  Publick  for  tlie  expenses  and  charges  of  the  sev- 


COLONIAL  RECORDS.  913 


eral  Assemblies,  being  placed  in  the  estimate,  we  cannot  coneurr  with 
you,  as  we  think  it  would  be  inconsistent  with  the  title  and  nature  of 
the  Bill,  which  is  for  payment  of  the  Publick  debts,  a  large  sum  of 
which  is  due  to  the  Gentlemen  of  the  Northern  parts  of  the  Province 
for  their  expenses  in  travelling  and  attending  at  former  Assemblies  And 
we  think  it  would  be  an  injustice  to  those  persons  when  we  are  passing  a 
Law  for  the  payment  of  the  Publick  debts  to  take  no  care  to  reimburse 
them  the  great  charges  and  expenses  they  have  been  at  in  attending  the 
Publick  service  for  which  they  have  so  just  a  claim,  after  having  lain  so 
long  out  of  their  money. 

Mr.  Eaton  &  Mr.  Howel  Brought  up  the  Bill  for  an  Act,  for  altering 
the  times  for  holding  the  County  Courts  in  New  Hanover.  In  the  Gen- 
eral Assembly  read  the  third  time  &  past.  In  this  House  read  and  past. 
Ordered  to  be  sent  down  and  engrossed. 

Then  the  House  adjourned  until  3  o'clock  in  the  afternoon. 

The  House  met  accoidiug  to  Adjournment. 
Present 
[  Nathaniel  Rice       P^dward  Moseley  "j 
The  lion^'V  Robert  Halton        Roger  Moore     "    VEsq"  Members. 

(  Mathew  Rowan     William  Forbes    j 
Then  this  House  thought  proper  to  send  tiie  following  message  (viz.) 

Mr.  Speaker  &  Gentlemen 

Agreable  to  your  message  of  yesterday  wherein  you  desire  a  Confer- 
ence with  this  House  upon  the  subject  of  wages,  This  House  have  ap- 
pointed two  of  their  Members,  viz.  the  honourable  Nathaniel  Rice  and 
Edward  Moseley  Esq"  to  confer  with  such  Members  of  your  House  as 
you  shall  think  fit  to  appoint  on  this  occasion,  which  conference  we  pro- 
pose may  be  held  at  four  o'clock  this  afternoon. 

Mr.  Eaton  6z  Mr.  Starkey  Brougiit  up  the  following  Message,  in 
answer  to  ours  regarding  a  Conference  (viz.) 

Gentlemen  of  His  Ma.jestie's  Council, 

Agreable  to  your  second  message  of  this  day  this  House  have  appointed 
Mr.  Speaker,  and  Mr.  John  Swann,  to  confer  with  the  Members  ap- 
pointed by  your  House,  on  the  allowance  proper  to  be  made  for  the 
expenses  of  the  several  Members  of  the  two  Houses  of  Assembly  at  the 
Conference  you  propose  at  four  of  the  clock  in  the  Afternoon,  which  we 
presume  is  intended  at  the  Council  Chamber 

Vol.  4—105 


914  COLONIAL  RECORDS. 


Wliereupon  Mr.  Speaker  and  Mr.  John  Swann  attended  by  the  House 
waited  upon  this  House  in  the  Council  Chamber  and  after  their  conferring 
together  on  the  subject  matter  of  the  foregoing  Messages,  withdrew  and 
returned  to  their  House  again. 

Mr.  Haywood  Brougiit  up  the  following  message  (viz.) 

Gentlemen  of  His  Ma.iesties  Council 

As  we  apprehend  the  Session  draws  near  a  conclusion,  and  the  Bills 
received  on  the  tax,  for  the  sinking  -fnud,  and  paid  in  to  the  Committee 
of  publick  accounts,  ought  to  be  burnt,  we  desire  your  House  to  join 
ours,  to  see  the  same  done  accordingly  this  evening  at  the  House  of  John 
Carruthers  in  New  Bern. 

Whereupon  the  House  were  pleased  to  appoint  the  Honourable  Robert 
Halton,  and  Edward  Moseley  Esq"  two  of  the  Members  of  this  Board 
to  join  those  of  the  Lower  House,  on  the  said  Committee. 

Then  the  House  adjourned  until  Monday  morning  9  o'clock. 

Monday  April  4"'     The  House  met  according  to  Adjournment. 
Present 

{Nathaniel  Rice       Edward  Moseley  ~| 
Robert  Halton       Roger  Moore     "    l  Esq"  Members. 
Mathew  Rowan      William  Forbes  j 
The  House  upon  debating  on  the  Bill  for  an  Act,  for  the  Emission  of 
a  Currency,  and  to  build  forts  <t.c.  Thought  proper  to  send  the  following 
message  (viz.) 

Mr.  Speaker  &  Gentlemen 

The  Bill  for  an  Emission  of  Currency  to  build  forts,  and  pay  the 
Publick  debts,  having  been  read  in  both  Houses,  we  think  it  proper  to 
confer  with  yon,  in  some  parts  thereof  in  order  to  expedite  the  passage. 
We  have  appointed  Mr.  President  Rice,  and  Mi'.  Moseley  to  confer  with 
you,  and  desire  your  attendance. 

WhereupQU  Mr.  Speaker  attended  by  the  Ht)use,  came  up  to  this 
House,  and  after  having  received  the  sense  of  this  Board  returned  back, 
to  consult  thereon. 

Then  the  House  adjourned  till  .'>  o'clock  in   tlie  afternoon. 

,The  House  met  according  to  Adjournment 
Pi'esent 
rNatiianicl  Rice      Edward  Moseley"] 
The  hon'''°<  Robert  Halton       Roger  Moore     '    V  Esq'' Members, 
t  Mathew  Rowan     William  Forbes  j 


COLONIAL  RECORDS.  916 


The  Hutise  was  pleased  to  seiitl  down  the  estimates  of  tlic  Lower 
House,  the  Report  of  the  Coniiuittee  of  Claims,  and  tiie  Estimate  of  this 
House,  conenrred  with. 

Then  the  House  adjourned  till  to  morrow  !•  o'elock. 

Tuesday  A]M-il  o""  174S.     The  House  met  aecordini;  to  Adjournment. 
Present 
(  Nathaniel  Ki.'e       Edward  Moseley  ^ 
The  hon^v   Robert  Halton       Roger  Moore         :^  Esq"  Members. 
(  Mathew  Rowan      William  Forbes   j 
The  House  on   perusing  the  estimate  of  the  claims  &e.  thought  tit  to 
send  the  following  message 

Me.  Speaker  &  Centi.emex, 

The  Bill  for  building  fortifications  &c.  being  now  before  us,  for  our 
third  reading,  together  with  the  estimate  of  the  Publick  debt  refered 
to  by  the  said  Bill  We  (jbserve  that  by  mistake  the  allowance  for  Mr. 
Richard  Lovet  Clerk  of  this  House  is  omitted,  we  propose  that  the  sum 
of  £118  6°  S*  Proclamation  due  to  our  said  clerk  may  be  added  to  the 
said  Estimate  before  we  send  the  Bill  to  you,  We  also  propose  that  tiie 
sum  of  five  pounds,  for  Mr.  Lapierre's  sermons  before  the  General  As- 
sembly may  be  encreased  to  the  sum  of  ten  pounds.  We  also  are  of 
opinion  that  Mrs.  Singleton's  claim  for  the  House  the  Council  sits  in 
shall  be  four  pounds,  to  which  We  desire  your  Concurrance.  The  above 
message  sent  up  concurred  with.  Whereupon  the  House  were  pleased 
to  pass  the  Bill  the  third  time,  and  sent  down  for  engrosement. 

Then  the  House  adjourned  till  to  morrow  morning  9  o'clock. 

Wednesday  April  (3""     The  House  met  according  to  Adjournment 
Present 
(Nathaniel  Rice        Edward  Moseley"! 
The  lion'''"     Robert  Halton        Roger  Moore         >  Esq"  Members. 
I  Mathew  Rowan       William  Forbes  j 
His  Excellency  the  Governor  came  to  this  House,  and  sent  a  mandate 
to  the  Lower  House,  commanding  their    immediate  attendance  in  the 
Council    Chamber.      Whereupon    the  Speaker   attended    by  the    whole 
House,  waited  on   his  Excelleucy  and   presented   him   for  liis  assent   the 
following  Bills  (viz.) 
The  Money  Bill 

An  Act  for  continuing  the  running  the  boundary  line  between  Edg- 
comb  County,  Tyrrel  &  part  of  Beaufort  County. 
An  Act  to  provide  indifferent  jurymen  &v. 


916  COLONIAL  RECORDS. 


An  Act  to  alter  tlie  times  for  holding  the  Courts  for  the  County  of 
New  Hanover. 

An  Act  for  laying  a  tax  on  the  Inhabitants  of  Granvile  County. 

An  Act  to  prevent  the  exportation  of  raw  hides. 

An  Act  for  destroying  Vermin. 

An  Act  to  appoint  publick  Treasurers. 

The  Fee  Bill. 

An  Act  to  enlarge  the  time  for  the  Commissioners  of  the  roads. 

To  all  which  Bills  his  Excellency  was  pleased  to  give  his  assent.  And 
then  made  the  following  speech. 

New  Bern  April  6'"  1748. 

Gentlemen    op    His    Majestie's   Council,    Mr.    Speaker    and 

Gentlemen  of  the  House  of  Burgesses. 

As  the  season  of  the  year,  and  the  situation  of  your  Private  affairs, 
call  for  your  presence  at  your  respective  Plantations;  I  have  thought 
proper  to  put  a  period  to  this  present  sessions;  but  I  can't  dismiss  you 
without  acquainting  you  with  two  observations  I  have  made  on  your  ]>ro- 
ceedings,  whicii  have  given  me  great  satisfaction.  The  first  is  the  great 
care  and  tender  concern  you  have  expressed  for  your  absent  Brethren,  who 
by  sly  artifices  and  false  insinuations,  have  been  prevailed  upon  to  with- 
hold their  advice,  and  assistance,  from  the  service  of  their  County,  in 
this  dangerous  and  critical  juncture.  Instead  of  that  aprobious  language 
and  liot  violent  Behaviour  with  which  these  mistaken  men  have  been 
pleased  to  treat  all  that  differed  from  tiieir  way  of  thinking.  Instead  of 
that  revenge  and  resentment  which  such  provoking  usage  is  naturally 
apt  to  excite,  what  have  you  done.  Why,  yon  have  been  as  tender  of 
all  their  Interests,  been  as  exact  in  stating  their  claims,  and  procuring 
satisfaction  for  them,  as  they  themselves  conld  possibly  have  been,  if 
they  had  been  present.  This  Gentlemen  is  a  manly  and  ratioiml  man- 
ner of  behaving  in  Persons  who  act  in  a  Publick  Capacity  to  get  the 
better  of  all  private  passions,  and  be  governed  entirely  by  the  truth,  and 
reason  of  the  case. 

The  next  remark  which  gives  me  great  pleasure,  and  hopes,  that  we 
may  in  time  be  brought  to  an  equal  Footing  for  order  and  regularity 
with  our  neighbouring  Colonies,  Is  your  raising  a  considerable  Tax  for 
every  important  service,  without  loading  it  with  any  Commodities,  This 
method,.  Gentlemen  has  been  a  dead  weight  upon  all  supplies  granted  for 
the  service  of  the  Publick,  ever  since  I  knew  the  County.  It  might 
have  been  a  tolerable  one  in  the  infancy  of  this  Colony,  when  it  did  not 
reach  beyond  the  banks  of  Albemarle  sound,  but  now  when  it  is  extended 
from  the  furtlier  parts  of  Currituck  to  the  heads  of  Santee  river,  to  fancy 
that  the  Publick  in  all  these  places  can  bring  private  mens  goods  to  mar- 


COLONIAL  RECORDS.  917 


ket,  with  as  much  advantage  as  their  original  Proprietors  could,  is  to 
judge  contrary  to  experience,  and  contrary  to  the  reason  <if'  tlie  thin^r. 
Besides  the  expenses  of  Warehouses,  Inspectors  and  other  tilings  must 
always  render  funds  collected  in  this  manner  deficient,  and  tiiese  deficien- 
cies must  be  made  good  by  the  People  at  last;  so  that  however  fond  they 
may  have  been  of  this  way,  it  is  certainly  contrary  to  their  interest.  And 
here  Gentlemen  permit  me  to  observe  that  it  is  the  true  interest  of  the 
People  only  which  you  are  to  mind,  and  which  is  to  be  the  sole  and  con- 
stant Rule  of  all  your  actions.  As  soon  as  you  have  taken  your  Places 
in  your  respective  houses,  you  are  invested  with  a  sacred  trust,  you  be- 
come the  guardians  of  tlie  lives,  Properties  and  Liberties  of  a  free  Peo- 
ple, and  are  to  consult  their  real  service,  according  to  the  best  of  your 
kuowledge  and  judgement,  without  regard  to  any  other  consideration 
whatsoever,  and  it  would  be  debasing  your  character  in  the  vilest  man- 
ner if  you  woidd  neglect  to  pursue  their  real  benefit  and  advantage,  from 
being  afraid  of  encountering  their  Prejudices  and  false  opinions.  You 
Gentlemen  have  given  a  proof  that  you  proceed  upon  more  generous 
principles,  and  that  you  are  above  acting  on  such  mean  sentiments  as 
deter  a  man  from  acting  according  to  the  dictates  of  his  own  mind  and 
conscience.  The  point  that  is  now  gained  is  alone  richly  worth  ail  the 
trouble  and  expense  of  this  sessions.  You  have  set  a  noijle  example  and 
I  hope  it  will  be  imitated  by  all  succeeding  Assemblies.  Gentlemen  as 
I  design  to  meet  you  early  in  the  Autumn,  I  iiope,  you  will  then  be  pre- 
pared to  form  a  good  inspection  I^aw,  which  tiie  Credit  of  the  County  so 
loudly  demands  at  your  hands,  and  likewise  to  continue  the  Militia  Law, 
which  expires  at  the  latter  end  of  next  Sessions.  It  is  the  \ery  best 
Law  that  ever  passed  in  this  Province  for  that  Purpose;  but  it  was 
impossible  to  carry  it  into  execution  without  ruining  a  great  many  inno- 
cent industrious  People,  who  would  have  gladly  compl^-ed  with  it,  if  it 
had  been  possible  in  these  hard  times,  to  have  procured  either  the  arms 
or  ammunition  required  by  this  Act.  I  have  therefore  taken  care  that 
no  man  who  did  not  act  from  a  Principle  of  obstinacy  should  be  brought 
under  any  distress  on  this  account.  This  Gentlemen  will  I  hope  con- 
vince you  effectually  of  moderation  &  mildness  of  the  present  Adminis- 
tration, &  I  assure  you  it  would  shock  me,  tho'  armed  with  tlie  authority 
of  any  Law,  to  see  the  meanest  of  His  Majesties  Subjects,  \\lio  does  not 
stand  in  contempt,  and  is  willing  to  pay  obetlience  to  the  Laws  of  the 
County,  suffer  any  hardships,  or  cruelty,  as  it  possibly  could  any  of  you 

GAB:  JOHNSTON. 

Then  His  Excellency  was  pleasetl  to  prorogue  this  Assembly  to  the 
last  Tuesday  in  September  next  to  be  then  held  at  New  Bern. 


/ 

918  COLONIAL  RECORDS. 


1749. 

[K.  P.  K.  ().  Am:  &  VV.  Ind:   Vol..  66.] 

My  Lonn,  [Duke  of  Bedford] 

Sonietinie  ago  I  had  the  Honour  of  Your  Grace's  Commands  to  Pro- 
claim the  cessation  of  Amies  betwixt  liis  Majesty,  and  tlie  King  of  Spain 
and  the  Republick  of  Genoa,  which  I  accordingly  did  in  all  tiie  Towns  of 
this  Province,  the  Proclamation  for  a  Cessation  betwixt  Great  Britain 
and  France  has  never  yet  come  to  my  Hands  and  indeed  this  is  the  only 
Dispatch  I  have  had  from  the  Office  since  Your  Grace  came  into  it. 

I  lament  it  is  a  great  misfortune  that  I  am  entirely  a  stranger  to  your 
Grace,  especially  as  I  understand  by  my  Correspondents  at  Home  that 
my  Enemies  have  taken  the  Liberty  to  represent  me  as  a  Jacobite  at  all 
the  Offices,  they  might  with  equal  Justice  have  accused  me  of  Murder 
and  Felony.  For  the  last  seven  years  before  I  came  abroad  I  lived 
almost  constantly  with  the  late  Lord  President  Wilmington,  and  have 
the  Honour  to  be  known  for  many  years  by  the  Earl  of  Bath,  Lord 
Anson,  the  Bishop  of  Worcester  and  several  other  Persons  of  Distinc- 
tion, in  short  I  have  not  one  Friend  Relation  or  acquaintance  in  the 
World  who  are  not  firmly  attached  to  the  present  Royal  Family,  who 
can  there  be  in  this  wild  and  Barbarous  Country  that  could  possibly 
Tempt  me  to  Abandon  every  Friend  I  have  in  Life  and  Embrace  so 
Desperate  and  Profligate  a  Cause.  Tho  I  have  made  enquiry  since  this 
malicious  report  has  reached  me  I  can't  Hear  of  One  Person  concerned 
in  the  late  Rebellion,  who  has  come  into  this  Province  and  as  for  turn- 
ing out  the  Palatines  from  their  Lands  to  make  room  for  Rebels  If  my 
Adversaries  can  prove,  that  I  ever  turned  out  one  Person  whatsoever 
from  his  Lands  or  deprived  one  man  of  a  shilling  of  his  property  from 
my  first  coming  into  the  Government  to  this  Day  I  will  allow  the  truth 
of  all  the  rest  of  their  spitefull  Calumnies. 

I  hope  Your  Grace  will  Pai-don  me  for  insisting  so  long  on  what 
relates  to  my  own  private  Character  and  Impute  it  to  my  Indignation 
against  so  Vile  an  Aspersion 

I  am  with  the  greatest  truth  &  most  profound  Respect 
Your  Grace's  most,  &c., 

GAB  JOHNSTON. 


COLONIAL  RECORDS.  919 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vol.  66.] 

My  Lord,  [Duke  of  Bedford] 

I  iTave  been  Engaged  in  a  very  Laborious  work  for  these  fifteen  years 
by  past,  in  civilizing  a  wild  Barbarous  people  and  Endeavouring  at  least 
to  bring  them  on  a  par  with  our  Neighbouring  Colonies,  The  rea.^^on  of 
my  small  succeiss  is  owing  to  the  Inequality  of  their  Representatives  in 
Assembly,  when  that  is  Redressed  I  Hope  matters  will  go  smoothly 
In  the  meanwhile  I  have  Employed  myself  in  attempting  to  rai.se  and 
produce  such  commodities  as  Great  Brittain  Imports  from  countries  of  a 
parallel  Latitude,  and  I  can  with  pleasure  Inform  your  Grace  that  I  have 
brought  wine  and  Raw  Silk  to  a  good  Degree  of  perfection  and  if  I  had 
my  arrears  paid  I  Dono'  Doubt  But  to  turn  the  minds  of  the  people  of 
this  province  pretty  universally  this  way 

I  am,  with  great  Respect,  &c., 

GAB  JOHNSTON 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  II.  B.  90.] 

Edenton,  April  4'"  1749. 
My  Loeds,  [of  the  Board  of  Tradp:] 

I  .send  by  the  Hands  of  the  Chief  Justice  a  fresh  Copy  of  all  the  Laws 
of  this  Province  passed  since  November  1746,  until  the  28""  of  March 
1749.  There  has  been  four  other  Laws  enacted  at  an  Assembly  which 
is  but  just  now  broken  up,  which  I  shall  transmit  by  the  very  first 
opportunity,  one  of  these  last  Laws  has  I  hope  put  an  end  to  all  the 
Difficulties  that  have  hitherto  attended  the  Collection  of  His  Majesty's 
Quit  Rents,  which  in  this  Province  have  been  very  great,  and  carried  to 
a  tedious  length.  I  hope  your  Lordships  will  find  upon  the  whole  that 
more  has  been  done  for  the  Settlement  and  Prosperity  of  this  Country 
within  this  thi'ee  years,  and  since  the  cecessation  of  the  Members  for  the 
six  Northern  Counties  then  ever  has  been  done  before  .since  the  founda- 
tion of  the  Colony. 

I  shall  not  trouble  your  Lordships  with  remarks  on  any  of  the  Laws, 
except  that  one  for  building  fortifications,  because  it  gave  rise  to  the  small 
addition  was  made  to  the  Paper  Currency,  and  was  the  unhappy  occasion 
of  my  being  drawn  in  to  Tran.sgress  a  most  plain  and  express  Instruction 
of  his  Majesty,  by  which  I  am  terribly  afraid  I  have  incurred  his  Dis- 
pleasure and  have  reason  to  apprehend  I  shall  be  recall'd  from  the  Gov- 


920  COLONIAL  RECOEDS. 


ernment,  and  I  assure  your  Lords'"  the  first  of  these  makes  a  much  deeper 
Impression  on  my  mind  than  the  Latter.  As  I  thus  frankly  confess  my 
guilt  I  hope  your  Lordships  will  indulge  me  while  I  trace  these  things 
from  the  beginning  in  order  to  sett  this  Matter  in  a  true  Light  and  Dis- 
cover the  real  motive  of  my  Proceedings.  ■* 

The  Province  of  North  Carolina  was  first  settled  by  People  fron  Vir- 
ginia in  low  circumstances  who  moved  hither  for  the  benefit  of  a  larger 
and  better  range  for  their  Stocks,  from  such  a  small  Beginning  it  was  a 
great  many  years  before  it  appeared  there  was  any  Increase  of  Inhabi- 
tants sufficient  to  form  a  Government  the  whole"  number  of  Taxables  in 
Thirty  years  time  not  amounting  to  one  thousand,  and  those  generally 
dwelt  on  the  North  side  of  Albemarle  sound,  and  composed  the  four  Pre- 
cincts of  Chowan,  Perquimons,  Pasquotank  &  Currituck,  which  Pre- 
cincts, now  called  Counties  sent  each  of  them  five  Members  to  the  As- 
sembly, the  whole  number  at  that  time  amounting  to  those  Twenty 
Members. 

The  poverty  of  the  first  Inhabitants  made  (for  want  of  a  better  cur- 
rency) to  Enact  in  their  Assemblies  that  all  Payments  whatsoever,  might 
be  made  in  sundry  Commodities  or  Products  of  the  Province  a  List 
whereof  here  follo\vs,  agreeable  to  the  Law  as  it  past  upon  the  Revise, 

Anno:  1715. 

£.     s.    d. 

Indian  Corn  per  bnshel  —     18 

Tallow  per  Pound  5 

Beaver  &  Otter  Skins  per  Pound 

Butter  per  Pound 

Raw  buck  &  Doe  Skins  per  Pound 

Feathers  per  Pound 

Pitch  per  Barrel  full  ganged 

Pork  per  Barrel 

Tobacco  per  100  cwt 

Wheat  per  Bushel 

Leather  tann'd  uncurried  per  pound 

Wild  Cat  Skins  per  piece 

Cheese  per  Pound 

Drest  Buck  &  Doe  Skins  per  Pound 

Tarr  per  Barrel  full  gauged 

Whale  Oil  per  Barrel 

Beef  per  Barrel 

This  Method  has  been  continued  down  to  this  time  with  very  little 
Alteration  to  the  great  Damage  of  the  Revenue  it  being  a  stated  rule, 


— 

2 

(5 

— 

— 

6 

— 

— 

9 

1 

2 

1 

4 

5 



— 

10 

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6 

- 

I 

8 

_ 

4 

- 

.  2 

6 

- 

10 

— 

1 

10 

— 

1 

10 



COLONIAL  RECORDS.  921 


that  of  so  many  Commodities  the  worst  sort  were  only  paid.  Aitho' 
many  attempts  have  been  made  to  remedy  the  Inconvenience  attending 
such  a  currency  it  has  always  proved  fruitless  (the  People  being  gener- 
ally fond  of  a  Law  which  gave  them  such  Advantages). 

By  advice  of  His  Majesties  Council  and  all  His  officers  in  this  Prov- 
ince a  Quit  Rent  Law  was  passed  whereby  the  abovementioned  practise 
was  greatly  remedied,  for  in  that  Law  very  few  Comodities  were  allowed 
to  be  paid  for  rents  &  those  at  such  a  Rate  as  to  be  near  the  value  of 
Sterling  rather  than  Pi'oclamation  Money.  So  great  an  advantage 
gained  for  the  Crown  in  this  particular  as  also  a  sure  method  of  forming 
an  exact  Rent  Roll,  were  both  lost  by  the  Repeal  of  that  Law  before  the 
Rent  Roll  was  formed;  objection  being  made  to  the  valuation  of  the 
Paper  Currency  when  in  truth  the  Valuation  of  it  was  to  be  by  those 
officers  who  were  to  receive  their  salaries  in  that  currency. 

After  this  Deduction  I  must  further  take  notice  to  your  Lordships 
that  when  I  arrived  here  in  1734  I  found  a  Paper  Currency  issued  in 
the  time  of  the  Lords  Proprietors  to  the  Value  of  about  10,000£  it  had 
but  an  indifferent  Foundation  being  on  Land  security,  which  is  no  great 
value  here,  but  there  being  little  gold  &  silver  we  were  obliged  to  take 
these  Bills  in  discharge  of  Quitrents  and  the  Governor  and  officers  were 
obliged  to  take  them  in  Payment  of  their  Salarys  and  Fees,  as  with  them 
they  could  purchase  any  produce  of  the  Country,  and  sometimes  Bills  of 
Exchange  to  send  Home  and  to  buy  the  necessaries  of  Life  for  themselves 
and  Familys,  but  the  Planters  were  very  unwilling  to  part  with  these 
Bills  in  discharging  of  their  Taxes  for  the  support  of  Government,  but 
insisted  most  obstinately  in  paying  of  Comoditias  according  to  the  above 
Table  by  which  there  was  always  a  large  Deficiency  in  the  Supplies  of 
the  Year  and  the  Country  fell  every  Year  deeper  in  Debt. 

In  the  Year  1744  the  time  fixeil  for  sinking  these  Bills,  it  was  with 
the  greatest  Difficulty  we  could  prevail  on  the  Assembly  to  provide  a 
Fund  for  that  purpose,  it  cost  us  two  or  three  Assemblies  however  at 
last  we  got  it  done,  tho'  not  in  the  best  manner  could  be  wished  for,  but 
after  this  matters  turned  out  still  worse,  there  was  no  money  in  the  Pub- 
lick  Treasury,  and  they  could  not  carry  their  Gross,  Bulky,  and  some  of 
them  perishing  Comodities  there.  Divers  Assemblies  were  held,  and 
nothing  to  pay  the  Charges  of  the  -Sessions,  Clarks  could  scarcely  be 
procured  to  write  and  Transcribe  the  Journals  of  the  two  Houses,  and 
not  a  Man  would  go  Twenty  miles  as  an  Express  on  the  Public  Faith, 
so  that  I  was  forced,  either  to  send  my  own  servants  or  pay  People  out  of 
my  own  pocket,  and  indeed  for  these  fifteen  years  past,  the  charge  of  all 
Publick  Letters,  Packets  &  Expresses  have  been  all  to  a  trifle  advanced 


922  COLONIAL  RECORDS. 


by  me  for  the  Publick  for  which  I  became  the  most  considerable  of  their 
Creditors,  and  it  straitened  me  very  much  considering  the  misfor- 
tunes I  have  met  with  of  late  Years,  besides  this  there  was  a  vast  arrear 
of  Quit  rent  due  to  the  Crown  and  Earl  of  Granville,  an  entire  stagna- 
tion of  Business  in  all  the  Public  offices  and  a  vast  load  of  Debt  owing 
from  the  Country,  all  this  raised  a  loud  &  clamorous  Demand  for  a 
large  &  speedy  Emission  of  a  Publick  Currency;  Here  it  is  ray  Lords 
that  I  blame  myself  with  the  greatest  severity  for  want  of  forethought 
and  consideration,  and  not  applying  to  your  Lordships  for  advice  & 
Direction  in  such  perplexed  Circumstances,  but  I  was  so  imprudent  as 
to  trust  to  my  own  firm  Resolution,  which  I  had  often  declared  both 
Publickly  and  in  Private,  that  in  no  Case  and  on  no  Conditions  I  would 
consent  to  break  through  his  Majesty's  Instructions  or  admit  of  any 
more  Paper  Money. 

Matters  continued  in  this  situation  for  three  years,  when  in  the  year 
1747  several  small  Sloops  &  Barcalonjos,  came  creeping  along  the  shore 
from  S'  Augustine  full  of  armed  men,  mostly  Mulattoes  &  Negroes, 
their  small  Draught  of  water  secured  them  from  the  attacks  of  the  only 
ship  of  war  then  on  this  station,  they  landed  at  Ocacock  Core  sound, 
Bear  Inlet,  and  Cape  Fear,  where  they  killed  several  of  his  Majesty's 
subjects,  burned  some  ships  and  several  small  Vessels,  carried  off'  some 
Negroes,  and  slaughtered  a  Vast  number  of  Black  Cattle  and  Hogs, 
these  Practices  were  continued  all  the  summer  1747  and  enraged  the  Peo- 
ple to  the  highest  degree,  they  exclaimed  that  there  was  no  safety  for 
them  without  Forts,  and  as  there  was  no  money  in  the  Treasury  Forts 
could  not  be  erected  without  an  imediate  Emission  of  Publick  Bills  that 
other  Governours  had  found  it  necessary  to  allow  a  new  Currency  on  the 
pressing  Exegencies  of  a  hot  war,  but  their  Governor  would  rather  see 
the  Country  ruined  before  his  eyes  than  Depart  from  his  obstinate  Reso- 
lution, at  the  same  time  the  People  in  the  Northern  Counties  were  by 
Macculohs  Artifices  all  in  an  uproar  on  account  of  their  five  Members 
in  such  a  situation,  when  matters  were  everywhere  in  flame.  I  could  not 
avoid  complying  in  some  measure  with  their  Importunate  Demands.  I 
have  endeavoured  to  do  it  in  such  a  manner  that  his  Majesties  service, 
and  the  Country  in  General,  will  be  greater  gainers  by  it,  than  they  can 
possibly  be  loosers  by  this  constrained  Emission.  It  was  upon  these 
three  Conditions  I  was  prevailed  upon  to  grant  my  consent.  1"  The 
Four  Forts  should  be  built,  two  large  Ones,  one  at  Ocacock  the  other  at 
Cape  Fear,  and  two  smaller.  One  at  Core  sound,  the  other  at  Bear  Inlet. 
2°*  And  for  discliarging  all  Publick  Incumbrances,  and  this  purpose 
no  larger  sum  should  be  issued  than  £6,000  Sterl :  over  and  above  the 


COLONIAL  RECORDS.  923 


£10,000  of  the  former  currency.  3"*  That  no  more  Taxes  should  be 
paid  in  Comodities  but  Publick  Payments  of  all  kind  should  be  paid  in 
Proclamation  money  which  they  have  solemnly  engaged  to  do  for  the 
future. 

Thus  with  this  small  addition  to  their  former  Currency,  his  Majesty 
has  gained  four  Forts,  one  of  them  Viz'  at  Cape  Fear  already  finished, 
and  the  rest  going  about  and  that  odious  sham  method  of  supporting  the 
Charges  of  Government  by  paying  Comodities  forever  discarded. 

The  whole  amount  of  the  new  Currency  is  less  than  6:000£'  sterl :  or 
between  21  &  22000£  Proclamation  money,  this  is  a  true  and  plain 
Account  of  this  whole  Transaction,  in  which  I  have  not  in  the  least  En- 
deavoured to  Disguise  or  Conseal  what  was  wrong  or  blameable  in  my 
Conduct,  for  which  I  most  humbly  beg  your  Lordships  to  intercede  with 
His  Majesty  for  his  pardon  &  Forgiveness. 
I  am  with  great  respect,  &c., 

GAB'  JOHNSTON. 


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

Edgecombe  County  N.  Carolina  May  2  1749 
Rev'^  Sir,  [to  the  Secretary] 

This  vestry  met  yesterday  &  notwithstanding  I  promised  if  they  gave 
me  leave  to  go  to  London  this  summer,  to  return  with  all  convenient 
speed,  they  would  not  agree  to  it  for  the  reasons  mentioned  in  my  Letter 
of  the  22°*  Nov''  I  then  considered  how  forward  they  were  to  get  things 
in  order  for  publick  worship  The  church  is  almost  finished  and  perceiv- 
ing my  absence  might  discourage  them,  I  dropt  my  resolution  of  going 
to  Sea  this  Summer,  upon  which  they  instantly  laid  a  tax  for  building  2 
new  chapels.  After  all  I  am  apprehensive  the  new  paper  Bills  emitted 
last  year,  will  frustrate  all  attempts  to  settle  Missionaries  among  even  the 
upper  Inhabitants:  I  can  get  nothing  for  the  Bills  in  which  they  paid 
my  Salaries  at  Cape  Fear  and  if  such  payments  are  made  here  (which 
this  vestry  hitherto  prevented  as  much  as  ever  they  could)  I  must  leave 
the  Province;  Because  creditors  in  Time  of  War  are  paid  in  commodi- 
ties that  cannot  be  sold,  &  in  time  of  peace  in  paper  Bills  of  no  real 
value.  I  am  your  most,  &c., 

JAMES  MOIR. 


924  COLONIAL  RECORDS. 


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

North  Carolina  Edenton  Sept'  ll""  1749. 
Reverend  Sir,  [to  the  Secretary] 

I  have  lately  been  a  long  journey  to  Granville  County  which  lies  west- 
ward ;  wherein  1  rode  above  300  miles,  preached  7  sermons  Churched  50 
well  disposed  women  &  Baptized  184  children:  I  am  going  (with  God's 
leave)  to  set  off  the  next  week  to  perform  my  Duty  thro'  Perquimans, 
Pasquotank,  &  Currituck  counties. 

Our  church  at  Edenton  is  yet  unfinished,  but  one  is  lately  built  in 
Edgecombe  County  where  Mr.  Moir  resides.  Colonel  Edw'^  Moseley, 
Earl  Granville's  agent,  &  one  of  our  council  is  lately  deceased  (viz)  the 
11""  July  past.  There  has  been  some  mi.sunderstanding  between  our 
northern  &  Southern  Burgess's  &c  wch  I  hope  will  be  settled  before  long 
&  that  our  national  church  (which  is  by  too  many  neglected  and  despised) 
will  be  better  Established  &  Flourished  in  this  new  &  growing  country, 
for  here  are  about  16  large  Parishes  vacant  without  Ministers.  So  that 
we  may  truly  say  in  our  Lords  own  words,  "  The  Harvest  truly  is  plen- 
teous but  the  Labourers  few." 

We  have  the  pleasure  to  hear  that  a  Bishop  (who  is  much  wanted  &  by 
all  good  men  earnestly  desired)  is  about  to  be  sent  over  &  settled  in  Vir- 
ginia— Please  to  let  me  know  whether  it  be  true  or  not  Total  N"  of  y' 
Bap*  is  3922  persons  Yours  &c., 

CLEMENT  HALL. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  101.] 

Edenton  21"  [December]  1749. 
My  Lords  [of  the  Board  of  Trade] 

The  only  business  done  in  the  A.ssembly  which  I  met  at  Newbern  in 
Oct'  last  was  the  Revision  of  the  Laws  of  the  Colony  in  order  to  their 
being  printed,  this  was  done  with  as  much  exactness  as  the  circum- 
stances of  the  Province  could  well  admitt  of.  they  are  now  in  the  press, 
and  I  expect  to  be  able  to  send  your  Lordships  a  copy  of  them  by  the 
middle  of  June  next. 

I  have  transmitted  by  this  conveyance  a  copy  of  the  Minutes  of  Council 
which  sat  in  April  last  as  Mess"  Mo.seley  and  Halton  Members  of  Coun- 
cil have  been  removed  by  death  and  M'  Pollock  has  been  confined  to  his 
Plantation  by  sickness  ever  since  174(3  and  was  given  over  by  his  Physi- 


COLONIAL  RECORDS.  925 


cians  last  September,  I  was  obliged  to  fill  up  the  Council  to  number  7, 
by  swearing  in  James  Hasell  Esquire,  the  vacancies  are  occasioned  by 
the  death  of  Edmund  Porter,  William  Smith  Robert  Halton  and  Ed- 
ward Moseley  Esq"  and  I  hourly  expect  a  fifth  by  the  death  of  Cullen 
Pollock  Esq'. 

I  am  Your  Lordships  most,  &c.,  GAB.  JOHNSTON. 


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

North  Caroi.ina,  Edexton  Dec'  27""  1749 
Rev''  Sir  [^Ik.  Hall  to  the  Secretary] 

In  Sepf  &  Oct'  past  I  journied  thro'  the  north  part  of  my  Mission, 
rode  about  200  miles — preached  14  sermons.  Bap''  265  white  &  20  Black 
children  &  4  Black  adults  The  congregations  were  very  numerous  & 
behaved  exceedingly  well;  tho'  the  continued  travel  &  duty  went  very 
hard  with  me  by  reason  of  my  Indisposition  having  had  bad  health  of 
long  time. 

The  state  of  our  church  is  as  before,  but  Mr.  Corben  Earl  Granville's 
agent,  says  that  he  will  do  his  true  endeavours  to  have  it  finished  and 
there  is  another  chapel  now  Building  in  the  Parish,  which  will  make  4 
places  of  Publick  Worship  in  the  compass  of  60  or  70  miles,  I  have 
baptized  .3945  white  &  139  Black  children  ;  45  white  &  92  Black  adults: 
in  all  4221  persons. 


[B.  P.  K.  O.  Am:  &  \V.  Ind:  No.  592.   N.  C.  B.  T.  Vols.  11   and  21.] 

CORBIN,  DOBBS  AND  OTHERS   vs.  GOV.  JOHNSTON. 

To  the  must  noble  John  Duke  of  Bedford,  His  Majesties  Principal  Sec- 
retary of  State  for  the  Southern  Provinces. 

The  Memorial  of  the  underwritten  Proprietors  and  Persons  interested 
in  the  Province  of  North  Carolina,  on  behalf  of  themselves,  and  the 
Inhabitants  of  the  said  Pros-ince,  Mo.st  humbly  Sheweth, 

That  Gabriel  Johnston  Esq"  the  present  Governor  of  the  said  Prov- 
ince, hath  held  no  Correspondence  with  the  Secretary  of  States  Offic-e 
for  several  years  past,  and  very  little  with  the  Board  of  Trade,  whereby 
he  hath  broken  his  Instructions,  and  disowned  in  effect  all  Subordina- 
tion to  the  Crown,  and  as  far  as  hath  laid  in  his  power,  hath  Excluded 
the  Province  from  its  connection  witii  its  Mother  Country,  and  the  fa- 
vour of  the  Government. 


926  COLONIAL  RECORDS. 


That  the  said  Governor  hath  hitely  Emitted  and  forced  upon  the  said 
Province  Paper  Bills  to  the  amount  of  Twenty  One  Thousand  Three 
Hundred  and  Fifty  Pounds  in  notorious  Breach  of  his  Instructions; 
whereby  Creditors  and  Merchants  trading  with  the  Province  are  de- 
prived of  their  just  Dues  by  petitions  Payments  made  in  these  Bills; 
and  the  Credit  and  Honour  of  the  Country  entirely  destroyed. 

That  the  said  Governor  hath  continually  granted  Injunctions,  or  Noli 
Prosequis,  upon  frivolous  Pretences,  and  after  Verdicts  given,  and  judg.- 
ment  obtained,  at  Common  Law  hath  continually  granted  Appeals  to 
Chancery,  and  yet  seldom  or  never  held  any  Courts  of  Chancery ; 
whereby  vast  numbers  of  Causes  Ij-e  suspended,  and  the  whole  Course  of 
Publick  Justice  interrupted.  That  the  said  Governor  hath  granted  Ijct- 
ters  of  Administration  to  Persons  not  being  the  nearest  Relations,  nor 
having  anv  Legal  Pretentions  to  he  so  appointed;  And  upon  other  oc- 
casions hath  arbitrarily  revoked  Letters  of  Administration  at  pleasure, 
wherebv  the  greatest  injustice  to  many  Families  and  tiicir  utter  ruin 
hath  been  perpetrated. 

That  the  said  Governor  during  the  time  of  the  late  Rebellion  notori- 
ously countenanced  and  favoured  Scots  Jacobites,  by  placing  them  in 
Chief  Offices  of  Trust  and  Power,  particularly  one  Mac  Gregor,  who  had 
been  an  attainted  Rebel  in  the  year  1715,  and  who  was  appointed  a  Jus- 
tice of  Peace,  and  Colonel  of  Militia,  during  the  late  Rebellion  in  Scot- 
land, to  the  great  scandal  and  Consternation  of  the  loyal  Inhabitants  of 
the  said  Province. 

From  all  which  and  other  illegal  Measures  of  the  said  (tov'^  the  Col- 
onv  is  njw  thrown  into  the  utmost  Confusion,  its  Credit  uttci-ly  de- 
stroyed, and  the  whole  Province  is  become  little  better,  than  a  Rescep- 
tacle  and  Asylum  for  Fugitives,  and  Persons  of  desperate  Fortunes  & 
Characters. 

Your  Memorialists  therefore  iitunbiy  lioj)e  that  Your  Grace  will  take 
the  Premises  into  your  Consideration,  and  represent  the  deplorable  state 
of  the  Province  to  His  most  gracious  Majesty,  so  that  it  may  obtain  re- 
lief from  the  present  Governor,  in  sucli  manner  as  to  Your  Grace's  wis- 
dom, shall  seem  meet.  FRANCIS  COKBIN. 

IS°  ARTHAND. 

From  the  Accounts  we  have  had  from  Persons  who  have  come  over 
&  from  Letters  which  we  have  seen,  we  have  reason  to  believe  the  facts 
mentioned  in  the  above  memorial  to  be  true,  &  that  the  Province  is  in 
a  state  of  confusion.  ARTHUR  DOBBS. 

DecM4"' 1748.  SAM  :  SMITH. 
JOHN  MORRIS. 


COLONIAL  RECORDS.  927 


To  the  most  iiohl(^  John  Duke  of"  Bedford,  His  Majesty's  Principal  Sec- 
retary of  State  for  tlie  Southern  Province. 

The  Memorial  of  Thomas  Child,  His  Majesty's  Attorney  General  of 
the  Province  of  North  Carolina,  most  humbly  sheweth, 

That  your  Memorialist  in  the  year  1746  had  the  honour  to  be  appointed 
by  his  most  sacred  Majesty,  Attorney  General  of  the  said  Province,  and 
soon  after  went  over  thither,  where  he  immediately  began  to  apply  him- 
self to  the  Duties  of  his  Office,  but  had  the  misfortune  to  find  the  Prov- 
ince in  the  deepest  state  of  Confusion,  occasioned  as  he  humbly  appre- 
hends, by  the  misconduct  of  the  present  Governor  Gabriel  .Joimston,  in 
neglecting  to  support  any  order,  or  form  of  Justice  in  some  Cases,  and 
in  others,  arbitrarily  enforcing  illegal  and  unjust  measures,  insomuch  that 
your  Memorialist  seeing  and  experiencing,  after  a  fruitless  stay  there,  that 
it  was  impracticable  for  him  to  execute  the  functions  of  his  Office,  was 
necessitated  to  leave  the  Country  to  his  very  great  loss  &  disappointment. 

That  your  Memorialist  from  the  Duty  he  owes  to  the  Crown  as  its 
immediate  and  most  zealous  servant,  and  from  the  nature  of  his  Employ- 
ment in  the  said  Province,  as  his  Majesty's  Attorney  General,  most  hum- 
bly offers  the  following  Representation,  as  the  just  Causes  of  Complaint 
against  M'  Johnston's  Administration. 

That  the  Courts  of  Chancery,  wherein  great  &  frequent  occasions  arise 
for  redress,  are  seldom  or  never  held  By  which  neglect,  a  great  number 
of  Cau.ses  have  been  depending  for  a  shamefull  space  5f  time,  &  still 
remain  undetermined. 

That  Injunctions  out  of  Chancery  are  indiscriminately  granted  to  stay 
Executions  on  Judgments  obtained  at  Common  Law;  and  the  said  Courts 
of  Chancery  not  being  regularly  held,  the  Parties  are  deprived  of  an 
opportunity  to  shew  Cause  for  dissolving  them :  Whereby  they  loose  the 
benefit  of  Verdicts  in  their  favour;  and  the  legal  course  of  Publick  .lus- 
tice  is  stopped. 

That  Administrations  of  Intestates  Effects  are  granted  without  any 
regard  to  the  Directions  of  the  Laws  in  those  Cases :  and  revoked,  with- 
out a  hearing  of  Parties,  or  sufficient  Cause  shewn  for  it. 

That  Persons  are  put  in  Commissions  of  the  Petice  who  are  neither 
duly  qualified,  nor  Capable  of  executing  them,  so  that  the  most  absurd, 
as  well  as  the  most  partial  Proceedings  continually  happen.  And  Persons 
notoriously  disaffected  t(3  the  present  most  happy  Establishment,  are  not 
only  countenanced,  but  placed  in  offices  of  Trust  or  Benefit. 

That  a  New  Paper  Currency,  to  the  Amount  of  above  20,000  lbs :  has 
been  issued  by  the  said  Governor's  procurement ;  and  forced  upon  the 
People  of  the  said  Province,  whereby  Merchants  or  Traders  &  Proprie- 


928  COLONIAL  RECORDS. 


tors  of  Lands  are  unjustly  oppress'd  the  Country  greatly  involved  in 
Debt;  and  the  Comnuinication  of  Trade  with  other  Colonies,  and  the 
Mother  Country  in  particular,  almost  totally  suppressed. 

Hence  the  Credit  of  the  Province  is  reduced  to  the  lowest  state,  and 
the  Country  become  only  an  Asylum  or  Refuge  for  People  of  desperate 
Fortunes  &  scandalous  Characters  to  retreat  to  from  other  Colonies. 

Which  is  most  humbly  submitted  by  My  Lord, 

Your  grace's  most,  &c.,  THOMAS  CHILD, 

Attorney  General  of  the  Province  of  North  Carolina. 

R.  the  IS'"  of  December  1748. 


To  the  Right  Honourable  tlie  Ijords  Commissioners  for  Trade  and  Plan- 
tations. 
The  Memorial   of  James  Abercromby  Esq"  Agent   for  tiie  Prt)viuce  of 
North  Carolina,  &  for  Gabriel  Johnston  Esq''  Governor  of  the  said 
Province.  Shewetli, 

That  your  Memorialist  during  his  Attendance  before  your  Lordships 
while  a  Letter  from  his  Grace  the  Duke  of  Bedford  relating  to  com- 
plaints against  Gabriel  Johnstone  Esq"  Governor  of  North  Carolina  was 
under  consideration  your  Memorialist  took  notice  of  several  verbal  Alle- 
gations which  were  then  Exhibited  to  your  Lordships  by  one  Corben 
Morris  and  by  other  Pei'sons  who  appeared  before  your  Lordships  as 
your  Memorialists  believes  at  the  Instance  of  the  said  Corben  Morris, 
which  said  Allegations  then  and  there  so  Exhibited  did  tend  not  only  to 
impeach  the  Proceedings  of  the  Legislature  of  that  Province  together 
with  Governor  Johnstones  Administration  as  productive  of  Grievances 
to  his  Majesties  Subjects  in  that  Province,  but  also  to  charge  personally 
the  said  Governor  Johnstone  (amongst  other  things)  with  a  Crime  of  the 
most  detestable  nature  and  particularly  odious  to  iiim  the  said  Gabriel 
Johnstone  as  Governour  of  that  Province,  viz',  disaffection  to  his  Maj- 
esty's person  and  Government. 

Tiiat  the  said  Governor  Johnstone  is  thereby  most  sensibly  injured  but 
as  [at]  the  same  time  confident  of  your  Lordships  justice  he  pleads  this 
fundamental  maxim  of  the  Constitution  (viz')  that  the  greater  crimes 
are,  so  much  the  less,  are  they  to  be  presumed  and  taken  by  construction 
or  conjectures  and  thinks  it  his  particular  good  fortune  in  the  present 
case,  while  he  stood  accused  secretly  to  have  received  the  strongest  mark 
of  bis  Majesty's  goodness  that  those  who  act  in  authority  under  him  are 
not  to  be  deprived  of  his  royal  favour,  nor  condemned  by  others  unheard, 
for  from  such  principles  of  humanity  and  natural  Justice  your  memo- 


COLONIAL  RECORDS.  92!t 


riali.st  ('(Hieeives  the  case  of  Governor  Johnstone  to  come  referred  to  vour 
Lordships  examination  l)v  his  Majesty's  secretary  at  State  in  order  that 
the  Person  accused  may  thereby  have  an  opportunity  of  making  his 
defence  to  every  point  alledged  against  -him,  and  more  particular!}-  to 
that  of  disaffection  to  his  Majesty  wliich  of  all  others  affects  him  the 
most  as  it  is  exhibited  and  applied  by  the  said  Corben  Morris  against 
the  said  Governor  Johnstone  in  order  to  deprive  him  the  said  Governor 
of  His  Majesty's  Royal  Favour  and  thereby  not  only  to  expose  him  to 
his  Majesty's  resentment,  as  a  person  who  had  betrayed  that  great  Trust 
reposed  in  him,  but  at  the  same  time  to  defeat  his  Right  to  those  arrears 
of  salary  whicl)  his  faithfuU  tho'  unsuccessful  endeavours  for  the  space 
of  fifteen  years  to  promote  his  Majesty'^  service  in  that  province  entitles 
him  to  under  his  Majesty's  Commission  &  for  which  said  arrears,  amount- 
ing to  no  less  a  sum  than  that  of  eleven  Tiiousand  Pounds  sterling,  a 
sellicitation  is  now  depending. 

That  these  Accusations  have  taken  rise  here  (in  England)  and  l)eini;- 
e.xhibited  before  your  Lordships  by  a  per.son  no  ways  concerned  in  that 
Province  nor  in  the  least  aggrieved  by  the  proceedings  of  the  Governor 
or  Legislature  of  North  Carolina,  nor  any  ])ublick  Documents  from  that 
province  so  much  as  called  for  in  order  to  support  such  complaints  it 
cannot  therefore  be  expected  that  those  who  are  themselves  ignorant  of 
such  accusations  should  or  could  have  instructed  their  Agent  so  as  now 
to  make  a  proper  Defence  in  their  behalf  nor  can  he  the  said  Agent  (so 
lately  introduced  into  that  service)  of  himself  Answer  to  Matters  wherein 
he  has  not  the  smallest  belief  or  knowledge. 

That  for  these  reasons  and  more  particularly  for  that  your  memorial 
has  not  in  this  Case  been  at  liberty  to  object  to  the  Informality  &  Irregu- 
larity of  the  Accusers.  Notwithstanding  whereof  as  your  Lordships 
Report  for  ought  that  your  Memorialist  knows  or  can  any  wavs  be 
informed  of  in  point  of  practice  may  in  the  present  case  prove  final  and 
thereby  the  said  Governor  Johnstone  and  Legislature  of  North  Carolina 
become  deprived  of  the  ordinary  course  of  Defence  in  cases  of  complaints 
of  a  publick  nature  relating  to  the  Plantations  by  a  Litigation  of  Reports 
from  your  Lordships  Board  before  his  Majesty  in  Council  your  Memo- 
rialist is  thereupon  advised  with  your  Lordships  permission  to  make  iiis 
Defence  in  behalf  of  his  constituents  before  that  the  Report  is  made  abso- 
lute by  your  Lordships  Board  and  in  order  to  enable  him  to  make  such 
Defence  now  moves  your  Ijordshijjs  that  copies  of  such  Articles  of  Accusa- 
tion as  have  been  exhibited  against  the  Legislature  and  the  Governt)r  of 
North  Carolina  so  far  as  the  same  have  been  admitted  by  your  Lordsiiips 
to  be  grounds  for  complaint  against  such  Legislature  &  Governor  mav 


930  COLONIAL  RECORDS. 


be  transmitted  to  the  parties  concerned  and  time  given  to  Answer,  by 
which  it  will  be  made  evident  that  the  Legislatnre  of  the  said  Province 
by  passing  that  Bill  (amongst  other  purposes  for  granting  to  his  Majesty 
the  sum  of  six  thousand  pounds  for  erecting  Forts  for  the  Defence  of 
the  Province)  whicli  at  present  does  not  appear  to  your  Lordships,  did 
not  intend  as  has  been  alledged  to  deceive  his  Majesty  or  his  subjects 
trading  to  that  Province,  but  that  the  same  was  calculated  for  his  and 
their  service  and  that  with  regard  to  Governor  Johnstone.  That  he  will 
be  able  to  prove  by  the  evidence  of  persons  who  are  in  the  highest  chan- 
nel of  Council  to  his  Majesty  and  in  great  Rank  in  Church  and  State 
and  whose  Testimony  cannot  fail  of  having  wheight  in  satisfying  your 
Lordsiiips  that  notwithstanding  what  has  been  most  unjustly  and  inju- 
riously alledged  against  him  the  said  Governor  Johnston  in  order  to  pro- 
mote purposes  more  particular  and  more  interested  on  the  part  of  his 
accuser  Corben  Morris  than  mere  zeal  for  his  Majesty's  service,  that  tlie 
said  Governor  has  done  his  Duty  as  Governor  of  that  Province  as  far  as 
it  was  possible  for  him  to  do,  obstructed  in  the  execution  thereof  by  some 
of  those  Persons  who  are  now  his  Accusers,  and  that  he  remains  sted- 
fastlv  attached  in  loyalty  and  affection  to  his  Majesty's  person,  Family 
and  Government. 

All  which  your  Memorialist  in  behalf  of  the  said  Legislature  and  the 
said  Governor  of  North  Carolina  submits  to  your  Lordships  Considera- 
tion. *  J.  A.  ABERCROMBY. 

Feb'^'  la"'  1748. 


My  Lord  [Duke  of  Bedford] 

Pursuant  to  your  Grace's  letter  to  us  dated  the  23"*  of  Januaiy  last 
acquainting  us  that  complaints  had  been  laid  before  yon  by  Messrs. 
Corbyn  Morris  Danbus  and  Child  Gentlemen  interested  in  His  Maj. 
Province  of  North  Carolina  relating  to  the  conduct  of  M'  Johnston 
Governor  of  that  Province  and  that  it  was  His  Maj.  pleasure  that  we 
should  immediately  require  the  said  Gentlemen  as  likewise  M''  Aber- 
crombie  Agent  for  the  said  Province  to  attend  us  and  that  we  should 
report  to  your  Grace  a  state  of  the  case  witii  our  opinion  thereupon,  We 
take  leave  to  acquaint  Your  Grace  That  we  have  been  attended  upon 
this  occasion  by  M'  Morris  Principal  agent  in  this  affair  together  with 
Messrs  Danbus  &  Child  and  by  M"'  Abercromby  in  support  of  the  Gov' 
and  also  by  Messrs.  Townshend,  Corbyn  and  Arthand  other  Gentlemen 
trading  to  and  interested  in  the  said  Province  whom  M'  Morris  thought 
proper  to  bring  before  us  in  order  to  support  his  Complaint  which  was 
reduced  bv  him  under  the  three  followina:  heads  Viz' 


COLONIAL  RECORDS.  .  931 


1".  That  the  said  Governor  had  shown  a  contempt  for  his  Maj.  Orders 
and  Instructions  by  not  Iia%'ing  transmitted  any  account  of  the  affairs  of 
that  Government  nor  altho'  many  depredations  were  made  by  the  enemy 
upon  that  coast  during  the  War  had  he  sent  any  account  thereof  nor  any 
Acts  passed  there  or  any  public  papers  which  by  His  Majesty's  Instruc- 
tions he  is  directed  to  transmit. 

2'"'.  That  he  had  passed  an  Act  in  April  last  for  issuing  Bills  of  Credit 
without  a  clause  suspending  the  execution  of  it  until  His  Majesty's 
pleasure  might  be  known  thereupon  contrary  to  his  Instructions  by 
which  means  all  credit  in  the  said  Province  was  destroyed  and  Mer- 
chants trading  tliither  greatly  prejudiced. 

o"*.  That  he  had  appointed  suspected  persons  to  offices  of  trust  par- 
ticularly that  he  had  appointed  one  William  McGregor  who  had  been  in 
the  Rebellion  in  the  year  1715  a  Justice  of  the  Peace  during  the  late 
Rebellion  and  was  not  himself  without  suspicion  of  disaffection  to  His 
Maj.  Government. 

We  shall  now  submit  to  Your  Grace's  consideration  the  information 
which  has  been  laid  before  us  relative  to  each  article  and  to  the  present 
confused  state  of  that  Province  which  Mr.  Morris  took  notice  of  as  a 
collateral  circumstance  together  with  such  observations  as  have  occurred 
to  us  thereupon. 

As  the  first  Article  of  Complaint  against  M'  Johnstone  is  for  a  breach 
of  His  Maj.  Instructions  in  not  corresponding  with  the  respective  offices 
no  other  information  relative  thereto  than  what  may  appear  from  the 
records  of  such  Offices  and  as  he  is  particularly  directed  by  his  said 
Instructions  to  correspond  with  one  of  His  Majesty's  Principal  Secre- 
taries of  State  and  with  this  Board  We  think  it  incumbent  upon  us  to 
lav  before  Your  Grace  a  state  of  his  Correspondence  with  this  Office  from 
his  arrival  in  that  Province  about  the  latter  end  of  the  year  1734  to  the 
present  time. 

It  appears  from  our  Books  that  the  said  Governor  from  the  year  1734 
to  the  year  1741  held  a  regular  Correspondence  with  this  Board  inform- 
ing them  from  time  to  time  of  the  situation  of  affairs  in  his  Government 
and  transmitting  the  Records  and  other  public  papers  pursuant  to  his 
Instructions  but  from  Dec.  174l  to  .lune  1746  no  letters  or  public  papers 
of  any  kind  were  received  by  this  Board  from  the  said  Governor  not- 
withstanding he  was  from  time  to  time  reminded  of  this  neglect  and 
altho'  we  have  since  received  four  letters  from  him  relating  chiefly  to  the 
confused  state  of  Affairs  in  that  Government  yet  as  he  has  not  sent  us 
any  of  the  records  of  that  Province  except  the  Journals  of  the  Assembly 
for  the  years  1744,  1745  and  1746  nor  any  other  public  papers  by  mean.s 


932  COLONIAL  RECORDS. 


whereof  we  might  be  enabled  to  judge  of  the  true  situation  of  affairs  in 
that  Province  or  what  metliods  would  be  proper  to  be  pursued. 

How  far  Mr.  Johnstone  may  have  complied  with  his  Instructions 
with  regard  to  Your  Grace's  Office  will  best  appear  from  the  Records 
thereof  however  we  must  acquaint  Your  Grace  that  Mr.  Danbus  who 
had  for  several  years  the  command  of  a  ship  trading  to  that  Province 
informed  us  that  he  had  frequently  carried  letters  from  the  Offices  here 
in  England  to  the  said  Governor  yet  he  never  brought  any  back  from 
him  when  he  returned  tho'  it  was  usual  for  him  to  call  upon  the  Govern' 
a  week  or  a  fortnight  before  his  ship  sailed  to  give  him  notice  thereof. 

The  second  Article  against  the  said  Governor  is  his  having  passed  an 
Act  for  issuing  Bills  of  Credit  without  a  suspending  clause  and  as  a 
proof  thereof  Mr.  Corbyn  produced  to  us  a  letter  which  he  had  received 
from  Mr.  Moseley  Baron  of  the  Exchequer  in  North  Carolina  dated  the 
IS"  of  Sept.  1748  acquainting  him  that  a  Bill  had  passed  in  that  Prov- 
ince in  April  last  for  a  new  emission  of  Bills  of  Credit  Proclamation 
Money  to  exchange  old  Bills  that  were  worn  out  and  granting  £6000 
for  erecting  Forts  in  different  parts  of  the  Province  Mr.  M'^Culloh  also 
produced  to  us  a  letter  which  he  had  received  from  Mr.  Anderson  Judge 
of  the  Admiralty  in  the  said  Province  dated  the  30""  of  June  1748 
acquainting  him  that  a  law  had  been  passed  in  that  Province  for  emit- 
tino- £21,250  in  Bills  of  Credit  Proclamation  money  without  a  suspend- 
ing clause  for  exchanging  the  old  Bills  erecting  Forts  and  Contingencies 
of  Government  and  as  a  further  proof  thereof  Mr.  Morris  informed  us 
that  a  Speech  made  by  the  said  Governor  to  his  Assembly  upon  the 
passing  the  said  Bill  had  been  printed  in  the  South  Carolina  Paper  trans- 
mitted to  the  Carolina  Coffee  House  and  seen  by  many  Gentlemen  but 
had  since  been  taken  away  &  secreted  by  some  person  He  likewise 
observed  to  us  that  the  said  Bill  could  not  be  passed  with  a  suspending 
clause  for  being  to'  exchange  old  Bills  it  was  not  likely  that  the  posses- 
sors of  such  old  Bills  would  give  them  up  for  Bills  under  a  suspension 
&  that  as  to  the  pretence  of  building  Forts  it  was  made  a  job  and  that 
two  or  three  persons  who  were  in  the  Governors  interest  took  the  bills  & 
employing  a  few  Negroes  to  throw  up  a  little  ground  which  they  called 
a  Fort  charged  the  Province  to  the  amount  thereof. 

We  must  however  take  leave  to  acquaint  Your  Grace  that  no  Act  of 
this  sort  has  been  transmitted  to  us  neither  has  the  Governor  acquainted 
us  therewith 

With  respect  to  the  charge  against  the  said  Governor  of  having 
appointed  suspected  persons  to  Offices  of  trust  and  to  the  suspicion  of 
his  being  disaffected  to  his  Maj.  Government  We  must  take  leave  to 


COLONIAL  RECORDS.  93.3 


acquaint  Your  Grace  that  M'  Child  Attorney  General  of  the  said  Prov- 
ince informed  us  that  upon  his  going  to  tiie  said  Province  in  the  time  of 
the  late  Rebellion  he  observed  that  a  Capt.  McGregor  whom  he  heard 
and  believed  was  a  Captain  of  the  Militia  and  in  the  Commission  of  the 
Peace  but  could  not  say  that  of  his  own  knowledge  not  having  seen  him 
act  in  either  of  those  capacities  or  any  Commissions  appointing  him  to 
either  of  those  Offices,  behaved  in  an  extraordinary  manner  &  appeared 
much  elated  when  any  little  success  attended  the  Rebels  and  therefore  he 
thought  proper  by  virtue  of  his  Office  to  tender  him  the  Oaths  which  he 
twice  refused  to  take  but  at  length  did  take  them  and  that  he  liad  heard 
the  said  McGregor  was  often  with  the  Governor  and  in  his  confidence. 

As  to  the  latter  part  of  the  charge  M"'  Danbuz  acquainted  us  that  being 
at  Cork  when  the  news  of  the  Rebels  defeat  at  Culloden  was  brought 
thither  he  soon  after  sailed  for  North  Carolina  and  upon  his  arrival  there 
he  went  ashore  and  acquainted  the  Governor  with  the  news  who  received 
it  very  coldly  and  upon  his  showing  him  a  list  of  the  Rebel  Chiefs  killed 
&  taken  prisoners  the  Governor  exprest  a  concern  for  them  saying  many 
of  them  were  his  acquaintances  and  schoolfellows  that  he  had  several 
times  been  with  the  Governor  before  and  was  always  kindly  received  till 
this  time  and  that  altho'  this  was  the  first  news  of  this  event  there  was 
no  rejoicings  made  which  occasioned  much  surprise. 

We  must  now  beg  leave  to  submit  to  your  Grace's  consideration  such 
information  as  has  been  laid  before  us  relative  to  the  confused  state  of 
His  Maj.  said  Province  of  North  Carolina  as  a  collateral  circumstance  of 
the  aforemenf"  Heads  of  Complaint. 

We  have  upon  this  occasion  been  informed  by  M"'  Townshend  who 
some  few  [years]  ago  carried  on  a  trade  with  the  said  Province  that  the 
said  Province  was  in  great  distress  and  confusion  and  scarce  better  than 
au  Asylum  for  fugitives  that  he  could  not  take  upon  him  to  say  from 
what  this  distress  &  confusion  arose  but  apprehended  from  the  want  of 
a  regular  Government  That  the  trade  which  he  had  with  the  Province 
was  carried  on  through  Boston  or  South  Carolina  there  being  no  direct 
trade  thither.  That  the  debts  of  Merchants  in  the  said  Province  were 
generally  desperate  and  no  redress  could  be  obtained  but  that  he  believed 
if  the  Province  was  in  a  state  of  regularity  a  direct  trade  would  be  car- 
ried on  thither. 

We  have  also  been  informed  by  Mr.  Child  that  when  he  arrived  in 
that  Province  he  found  affiiirs  in  so  confused  a  state  and  such  disagree- 
ment amongst  the  people  that  he  determined  not  to  stay  there  and  accord- 
ingly left  it  in  less  than  a  twelve  month  that  while  he  was  there  he 
heard  great  complaints  of  injunctions  being   issued  out  of  the  Court  of 


934  COLONIAL  RECORDS. 


Chancery  to  stop  the  execution  of  judgments  by  the  inferior  Courts  and 
that  Courts  of  Chancery  were  seldom  held  for  that  as  the  Members  of 
his  Maj.  Council  who  with  the  Governor  composed  the  Court  of  Chan- 
cery lived  in  distant  parts  of  the  Province  it  was  usual  for  such  injunc- 
tions to  be  granted  by  the  Governor  upon  a  petition  to  him  as  a  Court 
could  not  be  readily  got  together  and  that  no  Court  of  Chancery  was 
held  while  he  was  there. 

That  he  likewise  heard  com])laints  of  the  Governor's  not  living  at 
the  seat  of  Government  his  house  being  near  100  miles  distant  and  the 
public  offices  were  likewise  at  a  great  distance  and  upon  his  being  asked 
by  Mr.  Abercromby  whether  he  had  ever  heard  that  the  confusion  in 
the  affairs  of  the  Govern'  was  owing  to  ariy  misconduct  in  the  Governor 
or  whether  it  was  not  owing  to  the  discontent  of  tiie  inhabitants  of  the 
Northern  Countrys  he  said  that  he  had  heard  that  the  Northern  Couu- 
trys  had  shown  great  discontent  by  being  abridged  by  a  late  Act  of  As- 
sembly of  their  privilege  of  sending  five  Members  to  the  Assembly. 

The  practise  of  issuing  injunctions  from  the  Court  of  Chancery  was 
likewise  confirmed  to  us  by  Mr.  Arthand  who  acquainted  us  that  he  went 
to  North  Carolina  in  the  year  1739  and  resided  there  till  the  year  1742 
where  he  acted  as  an  Attorney  and  had  many  causes  in  the  Courts  there 
in  most  of  which  as  well  as  all  other  causes  injunctions  were  granted  by 
the  Governor  as  Chancellor  upon  an  application  to  him  aiid-uo  Courts 
of  Chancery  held  for  determining  thereupon  that  there  were  great  irreg- 
ularities in  entering  up  judgments  by  the  Clerk  of  the  General  Court 
and  none  or  very  imperfect  records  kept.  The  issuing  these  injunc- 
tions were  likewise  confirmed  to  us  by  Mr.  Corbvn  &  Mr.  McCulloh 
who  said  that  he  remembered  but  three  Courts  of  Chancery  held  in 
seven  years  he  likewise  acquainted  us  that  one  Mr.  Lithgow  a  gentle- 
man of  credit  in  that  Country  have  purchased  a  Plantation  from  one 
Mr.  Grey  on  which  plantation  Mr.  Roger  Moore  one  of  the  Council  was 
at  the  time  of  such  sale  cutting  down  timber  &  burning  lightwood  to 
make  tar  Mr.  Lithgow  would  not  suffer  Mr.  Moore  after  he  had  made 
the  purchase  to  carry  off  the  tar  upon  which  Mr.  Moore  did  it  by  force 
and  thiseatened  to  sue  Mr.  Lithgow  for  Barretry,  afterward  Mr.  Lith- 
gow having  determined  to  leave  the  province  in  order  to  reside  in  New 
England  for  his  health  &  having  accordingly  disposed  his  affairs  for 
that  purpose  was  embarked  for  his  departure  when  Roger  Moore  applyed 
to  Mr.  Rice  Secretary  of  the  Province  and  made  oath  that  he  intended 
to  take  out  an  action  of  £2000  Sterl^  against  Lithgow  &  desired  a  War- 
rant to  seize  him  which  was  granted  to  him  &  Mr.  Lithgow  was  ac- 
cordingly forcibly  taken   from   on  board  the  ship  he  was  embarked  in 


COLONIAL  RECORDS.  935 


whereupon  lie  gave  iu  Bail  the  next  Court  of  Assize  &  brought  in  a  Bill  of 
indictment  against  Moore  &  Rice  who  thereupon  applyed  to  the  Gov- 
ernor to  stop  the  proceedings  which  he  accordingly  did  &  would  not  suf- 
fer the  affair  to  be  tryed.  To  these  complaints  M'  Abercrombie  ac- 
quainted us  he  had  no  answer  to  make  they  being  irregular  informal  and 
null  of  themselves 

Upon  the  whole  We  are  of  opinion  that  if  the  information  which  has 
been  laid  before  us  be  true  the  Province  is  certainly  in  great  disorder  & 
confusion  and  We  submit  it  to  Your  Grace  to  take  such  measures  as 
Your  Grace  shall  think  proper  for  remedying  tiie  same. 

We  are  My  Lords,  Your  Grace's  most,  &c., 

DUNK  HALIFAX  FRAN  FANE 

T.  ROBINSON  J.  GRENVILLE 

Whitehall  February  20"'  174|. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  91.] 

My  Lords,  [of  the  Board  of  Trade] 

I  must  inform  your  Lordships  that  Robert  Halton  Esq"  a  Member  of 
his  Majesty's  Council  departed  this  life  at  this  Place  on  the  IS*  of  last 
month,  the  remaining  Members  are  Nath :  Rice,  Eleazer  Allen,  Mathew 
Rowan,  Edward  Moseley,  Roger  Moore,  Cullen  Pollock,  and  William 
Forbes,  Esq"  Mr.  Pollock  is  sickly  &  has  not  attended  for  these  two 
years  past,  James  Murray  another  Member  has  been  absent  for  these 
four  years  past  I  know  not  whether  dead  or  alive. 

It  is  with  equal  surprise  &  concern  that  I  am  informed  by  my  Friends 
at  Home  that  my  Enemies  have  represented  me  at  all  the  offices  as  a 
Jacobite.  I  thought  my  character  had  been  too  well  known  for  any  of 
them  to  dare  to  fix  so  vile  an  imputation  npon  it,  they  might  with  the 
same  ju.stice  accuse  me  of  murder  or  Felony,  for  the  last  seven  years 
before  I  came  abroad  I  lived  almost  constantly  with  the  late  Lord  Presi- 
dent Wilmington,  and  have  the  honour  to  be  known  for  many  years  bv 
the  Earl  of  Bath,  Lord  Anson  the  Bishop  of  Worcester  and  a  great 
many  other  Persons  of  Distinction.  In  short  I  have  not  one  Friend, 
relation  or  Acquaintance  in  the  world  who  are  not  firmly  attached  to  the 
present  Royal  Family,  what  can  there  be  in  this  wild  barbarous  Country 
that  could  possibly  tempt  me  to  abandon  all  the  friends  I  have  in  the 
World  &  embrace  so  desperate  &  profligate  a  Cause,  tho'  I  have  made 
enquiry,  since  this  malicious  Report  reached  me,  I  cannot  hear  of  the 
Person  concerned  in  the  late  Rebellion  who  has  come  into  this  Province, 
and  as  for  turning  out  the  Palatins  from  their  Lands  to  make  room  for 


936  COLONIAL   RECORDS. 


Rebels,  if  they  can  prove  that  I  ever  turned  out  any  one  Person  what- 
soever from  his  Lands  or  deprived  one  Man  of  a  shilling  of  his  Prop- 
erty from  my  first  coming  into  the  Government  to  this  Day  I  will  allow 
the  truth  of  all  the  rest  of  their  spitefull  Accusations.  I  hope  I  need 
say  no  more  on  this  Article  in  my  Vindication,  the  Very  suggestion  of 
which  has  given  me  so  much  Chagreen. 

I  am  Your  Lordships  most,  &c.,  GAB:  JOHNSTON. 

Edenton  May  10'"  1749. 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  57.  p.  .  .] 

BOARD  OF  TRADE  JOURNALS. 

At  a  Meeting  of  his  Maj.  Comm''  for  Trade  and  Plantations 
Present. 
The  Earl  of  Halifax 
M'  Pitt  M'  Grenville 

Lord  Dupplin  M'  Fane. 

Tuesday  Jan'^  10*"  1 74| 
Read  a  letter  from  James  Abercromhy  Esq.  dated  10""  Jan'^  174-| 
acquainting  the  Board  that  the  legislature  of  the  Province  of  North  Caro- 
lina have  appointed  him  their  Agent  in  Great  Britain  and  inclosing  the 
extract  of  a  letter  from  M'  Johnston  Governor  of  that  Province  relating 
to  the  difficulties  he  is  under  in  his  correspondence  with  the  several  offices. 

Tuesday  January  24'"  174f 
Read  a  letter  from  his  Grace  the  Duke  of  Bedford  dated  23'*  Jan'^ 
174|.  signifying  to  the  Board  that  complaints  were  made  by  .several  per- 
sons against  Gabriel  Johnston  Esq"  Governor  of  North  Carolina  &  that 
it  is  His  Maj.  pleasure  that  the  Board  do  require  the  attendance  of  the 
said  persons  and  report  to  him  a  state  of  the  case  with  their  o])inion 
thereupon. 

Ordered  that  the  Secretary  do  write  to  Messrs  Corbyn  Morris  Danbus 
&  Child  as  also  to  M'  Abercrombie  Agent  for  the  Province  of  North 
(Carolina  whose  names  are  mentioned  in  the  above  letter  to  desire  their 
attendance  at  the  Board  to  morrow  morning  at  eleven  o'clock. 

Wednesday  January  25""  174f. 
M'  Corbyn  Morris  and  M'  Child  attending  as  had  been  desired   upon 
Complaints  made  by  them  to  his  Grace  tiie  Duke  of  Bedford  against 
Gabriel  Joiiu.ston  Governor  of  Nortli  Carolina  together  with  M"'  Aber- 


COLONIAL  RECORDS.  'J.'iT 


cromby  agent  for  that  Province  in  behalf  of  the  Governor  tlie  letter 
from  his  Grace  the  Duke  of  Bedford  mentioned  in  the  preceding  minutes 
was  read  and  M'  Morris  being  asked  what  he  had  to  offer  with  respect 
to  any  misconduct  of  the  Governor  in  the  administration  of  that  Gov- 
ernment he  acquainted  their  Ijordships  that  he  should  submit  wliat  he 
had  to  offer  with  respect  to  the  Gov"  conduct  under  three  Heads  1"  His 
contempt  and  disobedience  of  the  Crown's  Orders  particularly  in  neglect- 
ing to  correspond  with  the  Government  2"""^  His  passing  Acts  for  issuing 
Bills  of  Credit  without  suspending  clauses  and  S""'  appointing  sus- 
pected persons  to  offices  of  trust.  That  the  first  of  these  points  would  be 
proved  by  their  Ijordshi|)s  office  whereby  it  would  appear  that  he  had 
,  never  transmitted  any  accounts  of  the  affairs  of  that  Government  nor 
altho'  many  depredations  were  made  upon  that  coast  during  the  war  had 
he  sent  any  account  thereof  nor  any  Acts  passed  there  or  other  public 
papers  which  by  his  instructions  he  is  directed  to  do.  That  with  respect 
to  the  second  point  it  appeared  by  letters  from  some  of  the  Officers  of 
the  Government  there  that  he  had  passed  an  Act  in  April  last  for  issuing 
bills  of  credit  without  a  suspending  clause  contrary  to  his  instructions 
by  which  means  all  credit  in  the  said  Province  was  destroyed  and  the 
Merchants  greatly  prejudiced  but  as  he  had  neglected  to  transmit  the 
records  this  could  not  be  any  other  ways  proved  than  by  the  letters  before 
mentioned  That  with  respect  to  the  third  point  M'  Child  the  Attorney 
(leneral  who  was  present  w''  inform  your  Lordships  of  the  Governor 
iiaving  appointed  one  M''  McGregor  "who  had  been  in  the  rebellion  in  the 
year  f7f5  a  Justice  of  the  Peace  when  the  late  Rebellion  was  carried  on 
here  whicii  said  McGregor  had  twice  refused  to  take  the  oaths  to  His 
Majesty's  government  though  he  did  at  length  take  them. 

M'  Abercrombie  Agent  iu  behalf  of  the  Governor  said  that  he  never 
knew  accusation  against  a  Governor  introduced  without  some  regular 
form  by  which  the  Board  might  be  able  to  judge  &  determine  thereupon 
and  the  party  accused  to  make  his  defence  and  therefore  he  desired  that 
the  complaints  might  l)e  delivered  in  writing  and  that  he  might  have 
a  copy  tiiereof  in  order  to  return  an  answer  thereto. 

Whereupon  the  parties  were  ordered  to  withdraw  and  their  Lordships 
taking  the  same  into  consideration  agreed  pursuant  to  the  Duke  of  Bed- 
ford's letter  to  proceed  upon  such  information  as  should  be  given  to  them 
by  these  persons  now  attending  and  lay  before  his  Grace  a  state  of  the 
case  as  it  appeai'ed  to  them  and  the  parties  being  called  in  and  M'  Mor- 
ris informed  that  their  Lordships  were  ready  to  hear  wiiat  he  had  further 
to  offer  he  said  that  in  order  to  justify  what  he  had  alledged  and  as  a 
proof  that  it  was  not  defamation  he  shoidd  l)eg  leave  to  ask  M'  Child 
Vol.  4—106 


9:38  COLONIAL  RECORDS. 


some  questions  relative  thereto  whereupon  M'  Child  acquainted  their 
Lordships  that  he  did  not  appear  before  them  either  as  an  evidence 
against  or  accuser  of  M"'  Joiinston  but  sliould  readily  for  their  informa- 
tion answer  all  such  questions  that  should  be  asked  him  as  far  as  he 
knew  of  the  matter  and  being  asked  what  he  knew  concerning  M'' 
M°Gregor  on  the  Governor's  appointing  him  to  any  office  of  trust  he 
said  that  when  he  arrived  in  that  Province  as  Attorney  General  it  being 
in  the  time  of  the  Rebellion  he  observed  that  a  Capt.  McGregor  who  he 
believes  and  heard  was  a  Captain  of  the  Militia  but  could  not  tell  behaved 
in  any  extraordinary  manner  and  appeared  much  elated  when  any  little 
success  attended  the  Rebels  here  and  therefore  he  thought  proper  by  virtue 
of  his  office  to  tender  him  the  oaths  which  he  twice  refused  and  at  length 
took  but  he  has  heard  that  he  was  often  with  the  Governor.  He  like- 
wise acquainted  their  Lordships  that  he  had  received  a  letter  from  a  cor- 
respondent in  the  Province  acquainting  him  that  the  Governor  had  passed 
an  Act  for  issuing  Bills  of  Credit  and  being  asked  whetiier  the  Province 
was  not  in  great  confusion  and  irregularity  he  said  that  when  he  arrived 
there  he  found  affijirs  in  so  confused  a  state  and  such  disagreements 
amongst  the  people  that  he  determined  not  to  stay  there  and  accordingly 
he  left  it  in  less  than  a  twelvemonth  That  while  he  was  there  he  heard 
complaints  of  injunctions  being  issued  out  of  the  Court  of  Chancery  to 
stop  the  execution  of  judgments  given  by  the  Inferior  Courts  and  Courts 
of  Cliancery  seldom  held  for  as  the  Council  who  with  the  Gov' composed 
the  Court  of  Chancery  lived  in  distant  parts  of  the  Province  it  was 
usual  for  sucii  injunctions  to  be  granted  by  the  Governor  upon  petitions 
as  a  Court  could  not  be  soon  got  together  and  that  no  Court  of  Chancery 
was  held  while  he  was  tiiore  that  he  likewise  heard  complaints  of  the 
Governor  not  living  at  tiie  seat  of  Government  his  house  being  a  hun- 
dred miles  distant  and  that  the  public  offices  were  likewise  at  a  great 
distance  and  being  asked  by  M'  Abercrombie  whether  he  had  ever  heard 
that  the  confusion  in  the  affairs  of  the  Government  was  owing  to  any 
misconduct  in  the  Governor  or  whether  it  was  not  owing  to  the  discon- 
tent of  the  inhabitants  of  the  Northern  Countys  he  said  that  he  had 
heard  that  the  Nortliern  Countys  had  shown  great  discontent  by  being 
abridged  by  a  late  Act  of  that  privilege  of  sending  five  Members  to  the 
Assembly. 

Mr.  Morris  then  informed  their  Lordships  that  Mr.  Danbury  (who 
had  not  attended  pursuant  to  a  letter  from  the  Secretary  to  him  for  that 
pur|)ose)  as  also  Messrs  Corbyn  Macculloh  Arthand  Joye  &  Townshend 
coidd  give  their  Lordships  furtlier  information  with  respect  to  the  affairs 
of  the   Province  and   tlie  Governor's   conduct  therein   their   Lordships 


COLONIAL  RECORDS.  939 


agreed  to  proceed  further  in  the  consideration  of  this  affair  tomorrow 
morning  and  the  Secretary  was  directed  to  write  to  the  above  (jcntleincn 
to  desire  their  attendance  at  the  Board  at  eleven  o'eh)ei<. 

Thursday  January  'if)'"  IT-^f 
Present 
Ear!  of  Halifax 
Mr.  Pitt.  Mr.  Leveson  Gower 

Mr.  Grenvilie.  Mr.  Dupplin 
Mr.  Morris  attending  as  also  Messrs.  Townshend  Macculloh  C'orbyn 
and  Arthand  with  Mr.  Abercromby  Agent  in  behalf  of  Mr.  Johnston 
Governor  of  N<Trth  Carolina  tlieir  Lordships  desired  Mr.  Morris  would 
lay  before  them  such  further  information  as  he  should  think  proper  with 
respect  to  the  conduct  of  Mr.  Johnston  Whereupon  he  acquainted  their 
Ijordships  that  he  should  proceed  upon  the  three  points  he  proposed  yes- 
terday and  some  further  proof  that  the  Governor  might  justly  be  sus- 
pected of  disaffection  to  His  Majesty  as  also  such  oflier  collateral  facts  as 
should  appear  from  the  information  of  gentlemen  that  were  present 
That  with  respect  to  the  Governor's  contempt  of  the  Crown's  orders  and 
as  a  proof  of  his  disobeying  them  he  desired  that  an  Act  passed  by  him 
of  abridging  the  Northern  Countys  of  their  privilege  of  sending  five 
Members  each  to  the  Assembly  without  a  suspending  clause  might  be 
read  as  also  the  23"'  Article  of  his  Instructions  whereby  he  is  directe<l 
not  to  pass  Acts  of  an  extraordinary  nature  without  a  suspending  clause 
whereupon  the  parties  were  ordered  to  withdraw  and  it  appearing  to 
their  Lordships  that  proceedings  had  been  had  at  this  Board  upon  a 
petition  of  the  inhabitants  of  the  said  Northern  Countys  against  the  said 
Act  and  complaining  of  the  Governor's  proceedings  thereon  and  that 
orders  had  been  sent  over  to  the  Governor  in  consequence  of  a  repre- 
sentation of  the  Board  upon  this  affair  to  transmit  all  evidence  relative 
thereto  and  his  Answer  to  the  complaints  against  him  their  Lordships 
agreed  that  it  would  not  be  proper  that  M'  Morris  should  proceed  upon 
this  article  it  being  a  matter  already  before  the  Board  for  their  determina- 
tion and  the  partys  being  again  called  in  M' Morris  was  informed  thereof 
whereupon  he  desired  M'  Townshend  would  inform  the  Board  what  he 
knew  concerning  the  present  confusion  in  the  affairs  of  the  government 
of  North  Carolina  and  whether  he  did  not  apprehend  it  arose  from  the 
Governor's  misconduct  who  said  that  he  had  dealings  in  the  Province 
about  three  years  ago  &  carried  on  his  correspondence  tlirough  Boston  or 
South  Carolina  there  being  no  (Hrect  trade  thither  that  the  Colony  was  in 
great  di.stress  and  confusion  and  scarce  better  tlian  an  asylum  for  fugitives 


940  COLONIAL  RECORDS. 


but  lie  could  not  take  upon  him  to  say  from  whenee  tliat  disti-ess  arose  but 
apprehended  from  the  want  of  a  regular  government  that  the  debts  of  mer- 
ohants  who  had  dealings  there  were  generally  desj^erate  and  no  redress  could 
be  obtained  and  he  believed  that  if  the  Province  was  in  a  state  of  regularity 
a  direct  trade  would  be  carried  on  thither  And  in  order  to  prove  the 
Governor's  having  passed  a  Bill  for  issuing  paper  money  M'  Corbyn 
produced  a  letter  to  him  from  M"'  Moseley  Baron  of  the  Exchequer  in 
North  Carolina  dated  l^*  Sept.  1748  acquainting  him  that  a  Bill  had 
passed  in  that  Province  in  April  last  for  a  new  emission  of  Bills  of 
Credit  proclamation  money  to  exchange  old  Bills  that  are  worn  out  and 
granting  6000£  for  erecting  forts  in  different  parts  of  the  Province 
wheupon  M'"  Morris  observed  that  this  Act  could  not  be  passed  without 
a  suspending  clause  for  being  to  exchange  old  Bills  it  was  not  likely  that 
the  possessors  of  such  old  Bills  woid<l  give  them  up  for  Bills  under  a 
suspension  and  that  with  respect  to  tiie  torts  two  or  three  persons  undo- 
the  Gov"  influence  took  the  money  and  employing  a  few  Negroes  to 
throw  up  a  little  ground  by  way  of  Fort  charged  the  Province  with  the 
Bills.  M'  M'Culloh  likewise  produtied  a  letter  from  M'  Ander.son  Judge 
of  the  Admiralty  dated  30  June  1748  acquainting  him  that  a  law  had 
l)een  passed  in  that  Province  for  21,250£  in  Bills  of  Credit  Proclama- 
tion money  without  a  suspending  clause  for  exchanging  the  old  Bills  erect- 
ing Forts  &  contingencys  of  Government  and  that  Commiss"  were  then 
stamping  the  Bills.  JVP  Morris  likewise  informed  their  Lordships  that 
there  had  been  a  Speecli  of  the  Governor's  to  the  A.ssembly  upon  the 
occasion  of  passing  this  Bill  printed  in  the  South  Carolina  Newspapers 
transmitted  to  the  Carolina  Coffee  House  and  seen  by  many  gentlemen 
but  had  since  been  taken  off  the  flle  and  secreted  by  some  person  M' 
Mactndloh  acquainted  their  Lordships  that  in  the  year  1735  jE40,000  in 
Bills  of  Credit  equal  t<i  £10,000  Sterling  was_emitted  by  the  Province 
and  that  by  the  Act  lor  emitting  it  the  interest  was  applied  for  sinking 
the  Bills  but  that  in  1738  the  legislature  passed  an  Act  for  applying  the 
interest  to  the  payment  of  their  own  services  M"  Morris  then  said  that 
with  respect  to  the  last  Article  of  the  charge  their  Lordships  were  already 
informed  of  his  appointing  a  suspected  person  to  offices  of  trust  and  he 
should  now  lay  before  them  such  information  as  could  be  obtained  of  the 
Governor's  own  disaffection  and  he  desired  M'  Danbuz  would  acquaint  the 
Board  with  what  passed  betwixt  him  and  the  Governor  upon  his  carrying 
him  the  news  of  the  defeat  of  the  Rebels  at  Culloden  Whereupon  M''  Dan- 
buz  said  that  he  was  at  Cork  when  the  news  of  the  Rebels  defeat  was 
brought  thitiici'  that  he  soon  after  sailed  for  North  Carolina  where  he  went 
on  shore  and  acquainted  the  Governor  who  received  it  very  coldly  and  he 


COLONIAL  RECORDS.  Ji41 


happening  to  have  a  list  of  the  Rebel  chiefr  killed  and  taken  prisoners, 
the  Governor  upon  reading  it  expressed  a  concern  for  them  as  many  of 
them  being  his  acquaintance  and  schoolfellows — that  he  had  several 
times  been  with  the  Governor  before  on  occasion  of  letters  which  he 
brought  to  him  from  the  Offices  here  and  was  always  kindly  received  till 
this  time  And  altho'  this  was  the  first  news  of  this  event  there  was  not 
rejoicings  made  which  occasioned  much  surprise  and  Mr.  Danhtis  being 
asked  whether  he  had  ever  brought  any  letter  from  Gov'  Johnstone  to 
England  he  said  he  never  had  tho'  it  was  usual  with  iiim  to  call  upon 
the  Governor  a  week  or  a  foi'tnight  before  his  siiip  sailed  for  that  pur- 
pose. Then  in  order  to  prove  the  issuing  injunctions  upon  judgments 
of  the  inferior  Courts  and  not  holding  Courts  of  Chancery  Mr.  Morris 
called  upon  Mr.  Arthand  for  an  account  thereof  who  accjnainteil  their 
Lordships  that  he  went  to  Carolina  in  the  year  1739  and  resided  there 
until  the  year  17-42  where  he  acted  as  an  Attorney  and  had  many  causes 
in  the  Courts  there  in  most  of  which  as  well  as  all  other  Actions  injunc- 
tions were  granted  by  the  Governor  as  Chancellor  upon  an  application 
to  him  and  no  Court  of  Chancery  held  for  determining  thereu]jon  and 
tliat  there  was  great  irregularity  in  entering  up  judgments  by  the  Clerk 
of  the  General  Court  and  none  or  very  imperfect  records  kept  The  issu- 
ing injunctions  and  not  holding  Courts  of  Chancery  was  conlirnied  by 
Mr.  Corbyn  and  Mr.  Macculloh  who  said  that  he  remembered  but  three 
Courts  held  in  seven  years  and  in  order  to  show  their  Lordships  how  far 
injunctions  had  been  carried  he  acquainted  them  that  one  Mr.  Ivithgow 
a  gentleman  of  credit  in  that  Country  having  purchased  a  plantation 
from  one  Mr.  Grey  on  which  plantation  Roger  Moore  one  of  the  Coun- 
cil was  at  the  time  of  such  sale  cutting  down  timber  and  burning  Light- 
wood  to  make  tar  Mr.  Lithgow  would  not  suffer  Mr.  Moore  after  he  had 
made  the  purchase  to  carry  off  the  tar  upon  which  Mr.  Moore  did  it  bv 
force  and  threatned  to  sue  Lithgow  for  Barretry  afterwards  I^ithgow 
having  determined  to  leave  the  Province  in  order  to  reside  in  New  Eng- 
land for  his  health  and  having  accordingly  disposed  his  affairs  for  diat 
purpose  was  embarked  for  his  departure  when  Roger  Moore  applied  to 
Mr.  Rice  Secretary  of  the  Province  and  made  oath  that  he  intended  to 
take  out  an  action  of  £2,000  Sterling  against  Lithgow  and  desired  a 
Warrant  to  seize  him  which  was  granted  him  and  Mr.  Lithgow  was 
accordingly  forcibly  taken  from  the  ship  upon  which  he  was  embarked 
Whereupon  he  gave  in  bail  the  next  Court  of  Assize  and  brougiit  in  a 
Bill  of  Indictment  against  Moore  and  Rice  who  thereupon  applied  tc> 
the  Governor  to  stop  the  proceedings  and  he  accordingly  issued  an  injunc- 
tion and  would  not  allow  the  matter  to  be  trved. 


942  COLONIAL  RECORDS. 


Then  Mr.  Abercromby  acquainted  their  Lordships  that  he  had  no 
answer  to  make  to  accusations  so  extremely  irregular  null  of  themselves 
and  unsupported  with  any  evidence  but  hoped  their  Lordships  would 
grant  him  a  copy  of  the  Report  they  should  make  on  this  affn'w  Where- 
upon all  parties  weie  ordered  to  withdraw. 

Tuesday  February  7'"  174|. 
Their  Lordships  took  into  consideration  the  complaints  of  Mr.  Corbyn, 
Morris  and  others  against  Mr.  Johnston  Gov'  of  North  Carolina,  and 
ordered  the  draught  of  a  letter  thereupon  to  his  Grace  the  Duke  of  Bed- 
ford to  be  prepared  in  answer  to  his  Grace's  letter  to  them  referring  the 
.said  Complaints  mentioned  in  the  Minutes  of  the  24"'  of  last  month. 

Thursday  [Tuesday]  Fel/^  U'"  174|. 
Read  a  Memorial  from  Mr.  Jas.  Abercromby  Agent  for  the  Province 
of  North  Carolina  dated  the  IS*  inst.  setting  forth  the  irregularities  of 
the  Complaint  lately  made  against  the  Governor  of  that  Province  and  his 
not  being  at  liberty  to  object  thereto  desiring  he  may  be  heard  in  defence 
of  his  Constituents  before  the  Board  shall  make  any  report  thereupon  and 
that  he  may  for  that  purpose  have  copies  of  such  Articles  of  Complaint 
as  have  been  admitted  by  the  Board  in  order  to  transmit  the  same  to  the 
Parties  concerned  for  their  Answers  thereto. 

Wednesday  Feb'^  LS'"  r74|. 
Mr.  Abercromby  attending  as  had  been  desired  their  Lordships 
acquainted  him  that  having  received  a  Memorial  from  him  relative  to  a 
late  hearing  at  the  Board  upon  complaints  against  Mr.  John.stone  Gov- 
ernor of  North  Carolina  setting  forth  that  he  has  not  been  at  liberty  to 
object  to  the  irregularity  and  informality  of  the  accusers  and  as  their 
Lordships  apj)reiiended  he  was  at  liberty  when  he  attended  upon  this 
affair  to  have  made  wiiat  objection  he  had  thought  proper  they  desired  to 
know  what  he  meant  by  saying  he  had  not  such  liberty  ^\llereupon  he 
acqnainted  their  Lordships  that  as  the  persons  who  were  accusers  were 
particularly  mentioned  in  the  Duke  of  Bedford's  letter  to  this  Board 
which  was  thereby  required  to  call  the  said  persons  before  them  to  examine 
into  the  complaints  he  did  not  think  him.self  in  that  case  at  liberty  to 
object  to  them  Their  Lordsiiips  then  acqnainted  him  that  with  respect  to 
what  he  desires  in  the  said  Memorial  of  having  copies  of  such  articles  of 
the  .said  Complaint  as  have  been  admitted  by  the  Board  and  that  he  may 
be  heard  in  defence  of  his  Constituents  befoi-e  any  report  was  made  there- 
upon no  such  Articles  of  Complaint  had  been  laid  before  the  Board  in 


COLONIAL  RECORDS.  94.3 


writing  and  no  report  was  as  yet  made  upon  this  affair  nor  had  their 
Lordships  determined  in  what  manner  they  should  lay  the  same  l)efore 
the  Duke  of  Bedford. 

The  drauglit  of  a  letter  to  his  Grace  the  Duke  of  Bedford  relating  to 
the  complaints  of  M'  Corbyn  Morris  &  others  against  the  Governor  of 
North  Carolina  having  been  prepared  pursuant  to  the  Minutes  of  the  T"" 
inst.  was  laid  before  the  Board  agreed  to  and  ordered  to  be  transcribe<l 
and  signed  February  20"" 

Wednesday  June  21"  1749 

Read  a  letter  from  M'  Johnston  Governor  of  North  Carolina  to  the 
Board  dated  at  Edenton  28  Dec.  1748  acquainting  the  Board  with  his 
not  having  received  the  Order  of  Council  to  send  over  evidence  relating 
to  the  petition  of  the  five  Nortiiern  Counties  in  that  Province  against  an 
Act  passed  there  to  abridge  their  privileges. 

Ordered  that  M"'  M°Culloh  be  desired  to  attend  the  Board  on  Wednes- 
day the  28'''  inst.  upon  the  subject  of  the  said  letter. 

Wednesday  June  21"  1749. 

Read  Copy  of  an  Order  of  Council  dated  16  March  174|  approving 

the  draught  of  an   additional   instruction   prepared   by  this  Board  for 

Gabriel  Johnston  Esq.  Governor  of  North  Carolina  empowering  him  to 

make  a  Grant  or  Grants  of  land  to  certain  Palatines  in  that  Province  &c. 

Thursday  July  6'^  1749. 

Read  a  Memorial  of  M'  Henry  M°Culloh  appointed  by  his  Majesty 
in  1739  Com'  for  supervising  inspecting  and  controlling  the  revenues 
and  grants  of  lands  in  the  Provinces  of  South  and  North  Carolina  com- 
plaining of  several  hardships  and  injustices  done  to  him  by  the  Gov- 
ernor and  other  Officers  of  the  Province  of  North  Carolina. 

Ordered  that  the  Secretary  do  write  to  M'  M°Culloh  to  desire  his 
attendance  at  the  Board  tomorrow  morning  at  eleven  of  the  clock  upon 
the  subject  of  the  said  Memorial. 

Friday  July  7'"  1749. 

Mr.  M°Culloli  attending  as  desired  was  informed  that  their  Lordships 
intended  to  transmit  a  copy  of  his  Memorial  mentioned  in  the  preceding 
Minutes  to  Mr.  Johnston  the  Gov'  of  North  Carolina  for  his  answer  to 
the  charge  against  him  therein  contained  whereupon  he  prayed  their  Lord- 
ships that  Commiss"  might  be  appointed  to  take  evidence  of  both  parties 
and  that  all  such  parties  [papers]  as  should  be  required  in  support  of  the 
charge  might  be  transmitted  under  the  seal  of  the  Province  whereupon 
he  was  ordered  to  withdraw  and  their  Lordships  after  some  time  spent  in 


944  COLONIAL  EECORDS. 


the  consideration  of  this  affair  gave  directions  to  the  Secretary  to  trans- 
mit a  copy  of  the  said  Memorial  to  Mr.  Johnston  the  Governor  of  the 
said  Province  for  liis  answer  thereto  and  desire  him  to  return  sucli  depo- 
sitions and  proofs  in  his  behalf  as  he  should  think  giving  liberty  at  the 
same  time  to  Mr.  M'Culloh  or  any  other  person  concerned  to  make  affi- 
davits before  any  Judge  or  other  Magistrate  of  what  they  knew  concern- 
ing the  said  Complaints  the  said  proofs  and  affidavits  to  be  mutually 
interchanged  and  twenty  days  allowed  for  reply  of  affidavits  or  other- 
wise to  be  likewise  interchanged  and  transmitted  to  their  Lordships 
without  loss  of  time  that  he  do  also  enjoin  the  Secretary  to  give  copies 
from  the  records  to  the  complainant  or  any  other  concerned  of  any  pa- 
pers required  by  them  to  make  good  their  charge  and  that  all  deposi- 
tions as  well  as  copies  of  any  records  be  transmitted  under  the  seal  of 
the  Province  and  Mr.  M'^Culloh  being  again  called  in  was  acquainted 
therewith.  Their  Lordships  at  the  same  time  acquainted  Mr.  M°Culloh 
that  they  having  received  a  letter  from  Mr.  Johnston  Governor  of  North 
Carolina  dated  the  28*  Dec.  last  wherein  he  acquaints  them  that  he  had 
not  received  the  Order  of  Council  requiring  him  to  transmit  over  evi- 
dence relative  to  the  petition  of  the  Representatives  of  tlie  five  North- 
ern Counties  in  that  Province  they  desired  to  know  at  what  time  the 
said  Order  was  transmitted  by  him  to  the  Petitioners  Whereupon  he 
said  he  hoped  their  Lordships  would  excuse  his  not  attending  on 
Wednesday  the  29*  of  last  month  pursuant  to  notice  given  him  for  that 
purpose  but  that  he  was  prevented  by  a  dangerous  illness  of  his  son  that 
he  received  the  Order  from  the  Council  Office  the  18""  Aug.  last  and  sent 
it  in  the  same  month  and  another  copy  some  time  after  that  the  first 
miscarried  and  he  learnt  from  a  letter  which  he  received  from  North  Caro- 
lina dated  in  January  last  that  the  second  copy  was  but  then  arrived. 

Friday  July  14'"  1749. 
Read  a  letter  from  M'  Johnston  Gov'  of  North  Carolina  to  the  Board 
dated  at  Edenton  May  10*  1749  acquainting  the  Board  with  his  having 
sent  an  Answer  to  the  Complaints  of  Peter  Payne  &  against  iiim  and 
vindicating  himself  from  the  accusation  of  being  a  Jacobite. 

Wednesday  July  1 9*  1 749. 
Read  a  letter  from  M'  Johnston  Gov'  of  Nortli  Carolina  to  the  Board 
dated  at  Edenton  the  4*  April  1749  containing  his  reasons  for  passing 
an  Act  for  emitting  £21,350  in  Bills  of  Credit  without  a  suspending 
clause  &  transmitting  the  following  public  papers  Viz'  Minutes  of  Coun- 
cil from  21  March  174 J  to  15  October  1748.  Copy  of  all  the  Laws 
passed  in  North  Carolina  from  Nov'  1746  to  Oct'  1748. 


COLONIAL  RECORDS.  945 


Ordered  that  the  said  I^aws  be  sent  to  M'  Lamb  for  liis  opinion  tiiere- 
upon  in  point  of  law  as  soon  as  conveniently  may  be 

Ordered  that  a  copy  of  the  above  letter  from  M'  Johnston  and  also  an 
extract  of  so  nluch  of  one  mentioned  in  the  minutes  of  the  14""  inst.  as 
relates  to  his  vindication  of  the  charge  against  him  for  being  a  Jacobite 
be  prepared  together  with  the  draught  of  a  letter  for  inclosing  the  same 

to  the  Duke  of  Bedford. 

Thursday  July  27'"  1749. 

The  draught  of  a  letter  to  the  Duke  of  Bedford  inclosing  copies  of 
two  letters  from  M'  Johnston  Governor  of  North  Carolina  ordered  to  be 
prepared  by  the  Minutes  of  the  19""  inst.  was  laid  before  the  Board  and 
signed 

Wednesday  Aug'  2"  1749. 

The  draught  of  a  letter  to  M'  Johnston  Governor  of  North  Carolina 
in  answer  to  several  from  him  was  laid  before  the  Board  agreed  to  and 
ordered  to  be  transcribed 

Friday  November  10'"  1749. 

Read  a  letter  from  M"^  Johijston  Gov'  of  North  Cai'olina  dated  at 
Edenton  15*  July  1749  giving  the  Board  an  account  of  the  present 
state  of  his  Maj.  Council  in  that  Province. 


[Fkom  the   MSS.  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  New  Bern  3"  April  1749 

Present  His  Excellency  the  Governor 

(NathRice  Edw""  Moseley )  ^    „  m      1 

The  Ht).!*"'^  Eleazer  Allen     Roger  Moor      V  ^"'l  j;"e'^?ei>, 
(Math  Rowan      Will  Forbes     j      »'  '^  o^'"''" 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Roger  Moor  200  Craven,  Duncan  M'Conshey  200  Bladen,  Archibald 
Clark  200  D°,  John  Clark  150  Johnston,  John  Clark  150  D",  Malcolm 
Smith  100  Bladen,  John  Maddocks  500  Craven,  Dennis  Cannon  100  D', 
William  Waite  100  Bladen,  James  Welch  Jun'  300  I)°,  John  Bryan   50 
D°,  Thomas  Bryan  Jr  100  D°,  James  Odam  640  D°,  James  Odam  Jun' 
250  D°,  Aaron  Odam  100  D",  Gideon  Gibson  lf)0  D",  Ralph  Miller  .300 
Anson,  Ralph  Miller  300  Anson,  Samuel  Carver  500  Bladen,  William 
Maltsby  250  D",   Daniel  M'Neal  150  I>,  Thomas  Andei-son   200  D°, 
George  Fagan  200  D°,  Abraham  Duncan  300  Beaufort,  John  Tindhall 


946  COLONIAL  RECORDS. 


150  D°,  Joseph  Motte  200  New  Hanover,  Daniel  Love  36  Ditto,  Laza- 
rus Peiree  Jnn'  200  Beaufort,  Francis  Clark  200  New  Hanover,  Alexan- 
der Rouce  87  D°,  Samuel  Ratcliffe  200  Johnston,  Robert  Hines  50  D°, 
Robert  Cook  300  New  Hanover,  William  Bush  425  New  Hanover, 
William  Whitefield  100  Johnston,  Abraham  Boyd  600  Bladen,  D"  200 
D°,  D°  100  D°,  Edmund  Cartlidge  200  D°,  D°  200  D",  Thomas  Everton 
200  Craven,  William  Forbes  100  Bladen,  Hopkin  Howell  600  D°,  Ben- 
jamin Horn  150  D°,  Thomas  King  400  Craven,  John  M°Coy  150  Bladen 
Granted.  . 

Read  the  Petition  of  Robert  Taylor  for  one  hundred  Acres  of  Land 
in  Johnston  County     Granted 

His  Excellency  the  Governour  was  pleased  to  acquaint  the  Council 
that  Walter  Lane,  Thomas  Masters  and  Joseph  Carruthers  had  been  re- 
commended to  him,  in  Order  for  his  Appointment  of  one  of  them 
to  execute  tiie  Office  of  Sheriff  for  Craven  County  and  asked  their  opin- 
ion with  regard  to  the  most  fitting  Person  to  be  named  for  that  purpose 
Who  having  considered  thereof  advised  his  Excellency  as  their  Opinion 
that  Walter  Lane  of  the  three  was  the  most  proper  person  to  execute 
the  said  Office.  And  accordingly  it  was  Ordered  that  a  Commission 
issue  constituting  and  appointing  the  said  Walter  Lane  Sheriff,  for  and 
within  the  County  of  Craven. 

The  following  persons  on  Motion  were  admitted  to  prove  their  Rights 
Viz' 

Edmund  Cullen  6  whites  in  Craven  County,  Jonathan  Culien  4  d' 
in  d° 

At  a  Council  held  at  New  Bern  5'"  April  1749. 

Present  His  Excellency  the  Governour 

{Natii  Rice  Roger  Moore  1  tt.    „  i\r      i 

Math  Rowan  and  I  Esq"  Members 

Edward  Moseley  Will  Forbes  j  ^^  '^"""cil 
Read  Sundry  Petitions  for  Warrants  for  Land  as  follows  Viz' 
William  Routledge  100  Craven,  Benjamin  Fuzzel  100  New  Hanover, 
John  Prescot  100  Craven,  Mathew  Rowan  Esq''  50  New  Hanover,  An- 
drew Lamberd  600  Anson,  Hugh  Blanings  Jun'  200  Bladen,  Tliomas 
Potts  500  Anson,  Tyree  Harris  600  D°,  William  Shirrel  400  D°,  Samuel 
Beasam  400  D°,  Jacob  Faulkenberry  150  D°,  William  Kemp  400  D", 
George  Dobbs  150  D",  Henry  Bedingfield  200  D°,  William  Bedingfield 
150  D",  Joseph  White  Jun'  250  D°,  Joseph  White  &  Era'  Mackilwean 
600  D",  Edmund  Mitchel  300  Craven,  Benjamin  Jackson  200  Anson, 
Jonathan  Cullen  200  Craven,  Edmund  Cullen  200  D°,  D"  640  D°. 
Granted 


COLONIAL  RECORDS.  947 


Read  the  petition  of"  Edmund  Smith \viel<  setting  forth  that  lie  obtained 
the  Kings  patent  for  three  hundred  acres  of  Land  lying  in  Craven 
County  between  little  River  and  upper  Bear  Creek  And  conceiving  there 
is  more  Land  contained  within  the  Courses  and  distances  of  the  said 
patent  than  is  therein  specified.  He  humbly  prays  a  Resurvey  to  be 
made  thereof  Granted  and  Ordered  that  the  Surveyor  General  do  cause 
a  Resurvey  to  be  made  thereof  Accordingly,  and  make  a  report  thereof 
to  this  Board  their  next  Sitting. 

Read  the  following  Petitions  for  Grants  for  Patents,  Viz' 
William  Houston  150  New  Hanover,  William  Henderson  640  John- 
ston, Anthony  Herring  280  Craven,  Alexander  M'Alister  200  Bladen, 
James  Adams  600  Beaufort,  Thomas  Farmer  1172  Johnston,  Simon 
Burney  400  Beaufort,  Edmund  Rocke  300  Bladen,  Arthur  Mabson  640 
Carteret,  Joseph  Everitt  200  Johnston,  James  Barber  150  D°,  Abraham 
Boyd  300  Bladen,  D"  100  Joiinston,  Thomas  Sasser  150  D°.     Granterl 

At  a  Council  held  at  New  Bern  6""  April  1749 

Present  His  Excellency  the  Governour 

Tl     H     "'I  ^^*'^  ^'°*^  M'dth  Rowan  \  Esq"  Members 

\  Eleazer  Allen  Will  Forbes  j  of  Council. 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
John  Rouces  150  Johnston,  John  Picket  160  Bladen,  John  M°Daniel 
100  New  Hanover,  John  Carthey  400  Anson,  George  Carthey  Juu'  400 
D°,  George  Carthey  400  D",  D°  400  D°,  Samuel  Coburn  800  D",  John 
Carrold  200  New  Hanover,  Daniel  Cox  400  Craven,  Francis  Mackil- 
wean  200  Anson,  John  Roberts  100  New  Hanover,  Peter  Gilshap  350 
Craven,  Francis  Oneal  1,500  New  Hanover.     Granted 

Read  Sundry  Petitions  for  Grants  for  Patents  for  Land  Viz' 
Alexander  M°Cullohs  1000  New  Hanover,  John  Williams  400  John- 
ston, Alexander  IVPCulloh  500  Bladen,  Henry  &  Jacob  Wells  200  New 
Hanover,  Simon  Player  200  D°,  Robert  Hatcher  250  Johnston.  Granted 
His  Excellency  was  pleased  by  and  with  the  advice  and  consent  of 
his  Majesty's  Council,  to  Order  tiiat  a  Commission  issue  Constituting 
and  appointing  Caleb  Grainger  Sheriif  for  and  within  the  County  of 
New  Hanover. 

At  a  Council  held  at  New  Bern  7""  April  1749 

Present  His  Excellency  the  Governour 

{Eleazer  Allen  Roger  Moor      )  tp    ,.  ht      i  v 

Math  Rowan  and  i  Esq"  Members  of 

Edward  Moseley         Will  Forbes     j  <^ouncU 

Read  this  day  at  the  Board  the  several  Petitions  of  Hector  M°Neal 
and  Malcolm  Smith   for  certain    Lands  in  Contest  between  the  Parties 


948  COLONIAL  RECORDS. 


Scituate  in  Bladen  County  on  the  south  side  of  the  Nortli  West  Branch 
of  Cape  Fear  River  about  Twenty  miles  above  Rock  fish  Creek  being 
the  surplusage  found  upon  a  resurvey  of  a  Tract  granted  unto  Col" 
James  Innes,  which,  as  Assignee  of  whom  the  said  Smith  claimeth. 
The  Allegation  of  the  parties  and  the  Arguments  offered  on  both  sides 
being  fully  heard  and  considered  his  Excellency  was  pleased  to  ask  the 
Opinion  of  the  Council  thereon  who  unanimously  declared  their  senti- 
ment in  favour  of  the  Petitioner  Smith  And  accordingly  it  is  Ordered 
that  the  said  Malcolm  Smith  have  a  Warrant  for  such  or  whatever  part 
of  the  Land  as  appears  to  be  within  the  Lines  or  Bounds  of  his  Tract 
on  tiie  South  West  side  of  the  aforesaid  River,  he  resigning  to  the  said 
M"Neal  all  right  and   pretensions  to  the  Land  on  the  other  side  thereof 

Mr.  Lovett  acquainted  the  Board  that  in  a  Contest  at  a  former  Coun- 
cil between  Jacob  Sheets  and  Patrick  Stanley  in  relation  to  certain  Land 
upon  the  Determination  of  the  matter  it  was  adjudged  and  Ordered  that 
Jacob  Sheets  should  pay  unto  tlie  said  Patrick  Stanley  whatever  Money 
he  should  make  appear  he  had  disbursed  on  Account  of  the' Survey  of 
the  same,  But  the  said  Order  thro'  some  means  being  omitted  to  be 
entered  in  the  Council  Journal  the  said  Sheets  had  hitherto  refused  to 
pay  any  Obedience  thereto,  And  thereupon  He  moved  in  behalf  of  the 
said  Patrick  Stanley  that  the  same  might  eitiier  be  confirmed  against  the 
said  Jacob  Siieets  or  renewed.  The  Board  having  considered  of  Mr. 
Lovetts  report  and  Motion  thereon.  Resolved  that  such  non-entry  or 
omission  should  not  tend  to  vacate  the  aforesaid  Order  of  Council  but 
that  the  same  do  stand  and  have  its  effect  with  regard  to  the  said  Patrick 
Stanley  according  to  the  End  and  Intention  thereof 

Read  the  following  Petitions  for  Warrants  for  Land,  Viz' 

John  Ferris  150  Craven,  Thomas  Williams  100  D",  John  Payne  200 
D°,  Daniel  McKikin  200  Bladen,  George  Nicholas  640  D"     Granted 

Read  Sundry  Petitions  for  Grants  fi)r  Patents  Viz' 

Peter  Matthews  200  Craven,  Francis  Stringer  300  D°,  Thomas  Holmes 
150  Anson,  John  Clark  200  D°,  John  Bradshaw  300  Johnston,  Peter 
Gillstrap  350  Craven,  James  Jewers  400  Anson,  William  Adkins  150 
D",  John  Ellarby  150  D°,  James  Cheyne  300  Craven,  Robert  Riley  200 
D°,  Robert  Riley  260  D",  Thomas  King  400  D°,  Frederick  Isler  400  D" 
Granted. 

Read  the  petition  of  Thomas  Lovick  Esq',  setting  forth  that  he  together 
with  Evan  Jones  and  Thomas  Walker  are  by  Mesne  Conveyances  in  pos- 
session of  a  Tract  of  six  hundred  and  forty  Acres  granted  by  the  late 
Lords  Proprietors  to  John  Lawson  scituate  on  the  south  side  of  Neuse 
River  and  on  the  East  side  of  Clubfoots  Creek.  And  the  Petitioner  being 


COLONIAL  RECORDS.  94!) 


apprehensive  that  tliru'  .some  mistake  of  the  Surveyor  his  Plantation  is 
left  out  of  the  Boundary  of  the  said  Patent  humbly  prays  a  Resurvey 
thereof.  Granted  and  Ordered  that  the  Surveyor  General  resurvey  the 
same  accordingly,  and  make  a  report  thereof  to  this  Board  at  their  next 
sitting. 

His  Excellency  the  Governour  was  pleased  by  and  with  the  advice  and 
consent  of  his  Majesty's  Council  to  Order  that  a  Commission  issue  Con- 
stituting and  appointing  Aaron  Tyson  Sheriif  for  and  within  the  County 
of  Hyde 

Mathew  Rowan  Est[''  exhibited  in  Council  a  Patent  to  Samuel  Baker 
for  six  hundred  and  forty  Acres  of  Land  lying  in  Bladen  County  on  the 
South  West  side  of  the  North  West  Branch  of  Cape  Fear  River  lower 
side  Mr.  Rowan's  Land  dated  the  19th  day  of  June  1786.  Praying  that 
the  Courses  therein  S"  4-5  W'  160  then  N°  45  W'  140  may  be  altered  as 
well  as  the  Record  thereof  to  S"  4-5  W'  160  S°  45  E'  140  which  was 
Granted  and  accordingly  done  in  Council. 

Then  the  Council  adjourned  till  .3  "Clock  in  the  Afternoon. 

The  CV)uncil  met  according  to  adjournment. 

Present  His  Excellency  the  Governour. 
(  Nath  Rice  Edward  Moselev  )  ^    „  at      i 

The  Hon"'.'  Eleazer  Allen     Roger  Moore     '    y''%  ^^^^^^"^ 
(.Math  Rowan       Will  Forbes         j     oi  CouncA 

Read  sevcnd  Depositions  taken  by  the  Chief  Justice  pursuant  to  an 
order  of  Council  made  in  June  1746  upon  the  Memorial  of  John  Ben- 
bury  of  Chowan  setting  forth  that  William  liuten  Esq'  one  of  the  Justices 
of  the  said  County  had  behaved  unworthily  in  his  Office  and  Contrary 
to  the  Duty  of  a  Magistrate;  Which  appearing  to  the  Governour  and 
Council  upon  the  return  of  the  said  Order,  his  Excellency  was  therefore 
pleased  by  and  with  the  advice  and  Assent  of  his  Majestys  Council  to 
Order  the  said  William  I^utens  name  to  be  struck  out  of  the  Commis- 
sion of  the  peace  for  Chowan  County,  And  that  accordingly  the  Chair- 
man do  strike  out  the  same  at  the  next  County  Court. 


At  a  Council  held  at  New  Bern  IP"  April  1749 

Present  His  Excellency  the  Governour. 

(  Nath  Rice  Edward  Moselev  ^  t^,    „  , ,      , 

Ti      XT     ue      1.-1  III  1  '    [  Esq"  Members 

1  he  Hon  "  '   Eleazer  Allen  and  >       I  ^,         ., 

( Math  Rowa^n       Roger  Moore       j 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
John   Whitlys  200  Johnston,   Emanuel   Dees  100  D°,  William  Dees 
100  D°,  Gideon  Alien  200  D°,  Benjamin  Williams  200  D°,  John  Smith 


950  COLONIAL  KECORDS. 


100  New  Hanover,  D"  150  D°,  Joliu  Blackmau  200  Johnston,  John 
Smith  300  D°,  Samuel  Moor  200  Onslow,  William  Morgan  200  D°, 
Piiilip  Millar  200  Bladen,  John  Williams  300  Craven,  Robert  Davis 
150  D°,  Florence  Sex  100  D°,  John  Fishpoole  150  Johnston,  Abraham 
Boyd  400  Anson,  John  Becton  100  Craven,  James  Davis  100  Johnston, 
John  Mackilroy  100  D°,  John  Price  300  Anson,  Peter  Ellet  200  D°, 
Mark  Finch  640  Anson,  Reese  Price  600  Anson,  Robert  Brown  600  D°, 
John  Clark  1000  D",  Tiiomas  Cox  640  D°,  James  Bearfield  100  New 
Hanover,  Alexander  M'CnIloh  100  D°,  John  Carruthers  Junior  150 
Craven,  James  McGee  640  Anson,  James  Maekilwean  1000  D°,  John 
M°Gee  640  D°,  Riciiard  Graham  400  D°,  Andrew  M-^Gee  640  D°,  D"  D° 
500  D°,  George  Davison  300  D°,  Thomas  Robertson  400  D°,  Tiiomas 
Dill  400  D°,  James  Dill  400  D°,  IMathew  Dill  400  D°,  William  Dees 
100  Johnston     Granted 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 

Richard  Mason  200  Craven,  Edmond  Cullen  640  D°,  Anthony 
Mitchel  200  Onslow,  Anthony  Williams  200  New  Hanover,  John  Dud- 
ley 300  Onslow,  John  Nelson  156  Carteret,  Daniel  Love  36  New  Han- 
over, John  Rouce  320  Johnston,  Peter  Debush  150  New  Hanover, 
Michael  Higgins  200  Johnstcjn,  Walter  Gibson  200  Anson,  William 
Arrendali  95  Johnston,  Francis  Benton  220  D",  Gibson  Martin  200  D", 
John  Jones  300  D°,  Burlingham  Rud  300  Bladen,  John  Pressly  200  D°, 
Thomas  Armstrong  200  D°,  D°  400  D",  William  Dupee  300  Craven, 
John  Yeats  300  D°,  Thomas  Farmer  200  Johnston,  Jacob  Farrow  400 
Currituck,  Jacob  Ipock  80  Craven     Granted 

Read  tiie  Petition  of  Pjdward  Connor  setting  forth  that  Martin  Tren- 
tham  some  time  since  obtained  his  Excellency's  Warrant  for  four  Hun- 
dred Acres  of  Land  situate  in  Bladen  County  on  the  North  West  river 
of  Cape  Fear,  joining  Captain  Moores  back  Line  of  his  patent  Land  at 
a  Place  called  Lord's  Creek.  Which  has  been  duly  executed,  but  Thomas 
Jones  Surveyor  altho'  he  has  been  importuned  thereto,  has  failed  to  make 
a  return  thereof  to  the  prejudice  of  the  Petitioner,  in  as  much  as  having 
purchased  the  said  Land  of  the  aforesaid  Treutham  and  engaged  to  take 
out  the  Patent  for  the  same  he  is  thereby  both  hindered  from  obtaining 
a  Patent  and  consequently  a  Title  to  the  premises,  Praying  that  the  said 
Jones  may  be  compelled  to  make  a  return  of  the  aforesaid  Warrant,  that 
so  the  Petitioner  may  be  enabled  to  fulfil  his  Engagement  and  the  said 
Martin  Trentham  to  execute  a  Deed  pursuant  to  the  purchase  aforesaid 

Ordered  that  the  Surveyor  General  have  Notice  hereof,  and  that  ac- 
cordingly he  direct  the  said  Thomas  Jones  not  to  fail  in  making  a  return 
of  the  aforesaid  Warrant  into  the  Secretarys  Office  by  the  next  Court  of 
Claims  at  farthest 


COLONIAL  RECORDS.  951 


Eleazer  Allen  Esq'  Receiver  General  observed  to  the  Board  that  Sun- 
dry Persons  had  lately  obtained  Warrants  for  Land  and  still  continued 
to  take  up  who  had  either  neglected  or  refused  to  pay  tiie  Rents  due  i'vom 
them  to  his  Majesty  for  many  years  past  whereby  they  had  rendered 
themselves  he  apprehended  very  unworthy  of  such  indulgence;  And 
thereupon  he  moved  in  behalf  of  his  Majesty  that  no  Warrants  for  Land 
might  hereafter  be  granted  to  persons  so  in  arrear  nntill  they  shall  have 
fully  paid  and  disc^harged  the  same  Which  being  considered  by  his  Excel- 
lency and  the  Council,  it  is  Ordered  accordingly  that  for  the  Future  no 
Person  shall  be  admitted  to  take  up  any  Land  till  he  shall  have  fully  dis- 
charged and  paid  off  the  Arrears  of  Rent  for  the  I^ands  by  him  already 
holden. 

Ordered  that  for  the  future  no  Person  keeping  Ordinary  be  recom- 
mended to  the  Governonr  to  be  Appointed  Sheriff  for  any  County 
witliin  this  Province  and  to  that  End  that  Copies  of  this  Order  be  trans- 
mitted to  the  several  and  respective  County  Courts  within  the  same 

His  Excellency  the  Governonr  was  pleased  by  and  with  the  Advice 
and  Consent  of  his  Majestys  Council  to  Order  that  a  new  Commission 
of  the  peace  and  Dedimus  issue  for  Ansou  County  constituting  and  ap- 
pointing James  Mackilwean,  Joseph  White,  Charles  Robertson,  Edmund 
Cartlidge,  William  Pliilips,  Samuel  Davis,  Thomas  Smith,  James 
Cathey,  John  Holmes,  Alexander  Osborn,  Walter  Carooth,  John  Bre- 
vard and  John  Brandon  Esq"  Justices  of  the  Peace  for  and  within  the 
County  of  Anson. 

His  Excellency  the  Governonr  was  likewise  pleased  by  and  with  the 
Advice  and  Consent  of  his  jNIajestys  Council  to  Order  that  a  New  Cora- 
mission  of  the  peace  and  Dedimus  issue  for  Bladen  County  appointing 
Hugh  Blaniug,  Griffitli  Jones,  Joseph  Clark,  Daniel  McNeil,  William 
Bartram.  James  Lyon,  Samuel  Baker,  Benjamin  Fitzrandolph,  Ralph 
Millar,  John  Brooks,  Joiin  Grange,  Thomas  White,  John  White,  Timo- 
thy, Terrill  Esq"  Justices  of  the  Peace  for  and  within  the  County  of 
Bladen. 

Read  the  petition  of  Edward  Connor  Shewing  that  [at]  a  former  Coun- 
cil he  obtained  an  Order  for  the  resurvey  of  a  Tract  of  Six  hundred  and 
forty  Acres  in  Bladen  County  thereby  to  discover  a  Mistake  which  the 
Surveyor  had  committetl  in  the  first  Survey  but  Thomas  Jones  Deputy 
Surveyor  to  whom  the  said  Order  was  directed  having  neglected  to  exe- 
cute the  same  altho  he  was  upon  the  spot  and  ot\en  importuned  by  the 
Petitioner  thereto.  He  humbly  prays  that  the  said  Jones  may  be  com- 
pelled to  perform  his  Duty  therein. 


952  COLONIAL  RECORDS. 


Ordered  tliat  the  Surveyor  General  have  Notice  liereofaiid  that  aceord- 
ingly  lie  direct  the  said  Thomas  Jones  to  make  a  Resurvey  of  tlie  Prem- 
ises forthwith,  and  report  the  same  to  this  Board  at  their  next  Sitting 
agreeable  to  the  teliour  of  the  aforesaid  Order  of  Conncil. 


At  a  Council  held  at  New  Bern  13'"  April  1749 

Present  His  Excellency  the  Governour. 

fNath  Rice         Edward  Moselev  ~)  p>    r.  m      1 
The  Hon""  ^  Eleazer  Allen    Roger  Moore     "    ^  J^^'T    Jf^em oers 
i  Math  Rowan     William  Forbes   j      ^'*  ^«"n«' 

Read  the  Petitions  of  the  following  Persons  for  Wari'ants  for  Land 
Viz' 

John  M°Gees  300  Anson,  Samuel  Negus  100  Carteret,  John  Fryar 
200  New  Hanover,  Nehemiah  Scott  200  D°,  Seth  Johnson  100  Craven, 
Francis  Mackilwean  and  Josepii  Carrnthers  200  Johnston,  Robert  Kil- 
eriss  200  Anson,  Thomas  Thonipkins  200  D",  Samuel  Hough,  300  D% 
George  Holmes  100  D",  Andrew  Killens  1000  D",  D"  1000  D°,  Samuel 
Wilson  600  D°,  Robert  Runax  375  D",  Robert  Sepper  375  Anson,  Joseph 
M'Dowall  540  D",  Joiin  Belty  400  D",  Edward  Givins  375  D",  Thomas 
Robertson  250  D".  Thomas  Stockley  150  Onshnv,  Jolm  Rice  400  Bladen, 
Lenard  Killen  1000  Anson,  John  Killen  1000  D",  Thomas  Thompkins 
200  D".     Granted. 

Read  the  following  petitions  for  Grants  for  Patents  Viz' 

John  Smith  456  Craven,  .lohn  Russet  200  I)°,  Richard  Hart  100  D°, 
Thomas  Stevens  160  D",  Samuel  Berry  200  D°,  .lames  Perkins  200  Beau- 
fort, Thomas  Suggs  500  New  Hanover,  Horatio  Woodhouse  330  Ons- 
low, P^rancis  Mackilwean  and  Joseph  White  500  Anson,  Francis  Mack- 
ilwean 200  D°,  John  Clark  400  D°,  Andrew  Moorman  400  D°,  George 
Dobbs  150  D°,  George  Kernegee  100  Craven,  D°  D°  50  New  Hanover, 
George  Kearnegee  50  New  Hanover,  Solomon  Ogden  250  D°,  Simon 
Holmes  400  Craven,  Richard  Ogden,  100  New  Hanover,  Nathan  Giles 
200  Johnston.     Granted. 

Read  the  Petition  of  William  Cole  setting  forth  that  Lewis  Conner 
under  the  late  Lords  proprietors  is  Patentee  of  a  parcel  of  Land  con- 
taining five  Thousand  Acres,  or  thereabouts;  Scituate  in  Carteret  County, 
known  by  the  name  of  Cedar  Island,  being  now  in  the  possession  of 
Samuel  Smith,  And  the  Petitioner  conceiving  there  is  a  vast  Quantity  of 
Land  contained  within  the  Courses  and  Distances  of  the  said  patent  more 
than  the  same  specifies.  He  humbly  prays  a  Resurvey.  Granted  and 
Ordered  that  the  Surveyor  General  resurvey  the  same  Accordingly,  and 
make  a  report  thereof  to  this  Board  at  their  next  sitting 


COI.ONIAIv  RECORDS.  953 


His  Excellency  the  Goveniour  was  pleased  with  the  Assent  of  his 
Majesty's  Council  to  Constitute  and  appoint  Edward  Ward  Sheriif  for 
and  within  the  Connty  of  Onslow.  Ordered  that  a  C(jnnnission  accord- 
inujly  issue  for  that  purpose. 

His  Excellency  was  likewise  pleased  by  and  with  the  advice  and  Con- 
sent of  his  Majesty's  Council  to  Order  a,  new  Commission  of  the  Peace 
and  dedimus  issue  for  Craven  County  Constituting  and  appointing 
Edward  Griffith,  John  Bryan,  John  Carruthers,  Daniel  Shine,  Evan 
Jones,  Henry  Heylin,  Elias  I^igardere,  Joseph  Bulch,  John  Clitherall, 
Thomas  Graves,  Hardy  Bryan  and  Southey  Rew,  Esq"  Justices  of  the 
Peace  for  and  within  the  County  of  Craven 

At  a  Council  lieid  at  New  Bern  U'"  April  1749 

Present  His  Excellency  the  Governour 

(  Nath  Rice  Edward  Moselev  ")  17    „  at      1 

rr\      u     bie  '  T.^1  \ii  u  AT  ■    '  Esq"  Members 

ilie  Hon""'-',  Eleazer  Alien  Rou;er  Moor  -        }.  ^,         ., 

1  AT    1    T>  \\r-'i,  T^     1  1      ot  louncil 

( Math  Rowan  ^^  dl  Forbes  ) 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Fredrick  Margals  300  Craven,  Simon  I^easley  100  T)",  John 
Fonvielle  600  D°     Granted 

Read  Sundry  Petitions  for  (irants  for  Patents,  Viz' 

John  Hoard  260  Beaufort,  Arthur  Johnston  100  Craven,  George  Nor- 
ris  200  D°,  Thomas  Nelson  300  Carteret,  Nathaniel  Everit  200  Onslow, 
James  Cheyne  200  Craven,  George  Kernegee  100  D°,  John  Nelson  80 
D°,  Thomas  Nelson  640  Carteuet,  D"  50  D°,  William  Kemp  400  Anson, 
Thomas  Williams  225  Beaufort     Granted 

Read  the  petition  of  John  Nelson  shewing  that  Richard  Smith 
obtained  from  the  late  Lords  proprietors  a  Patent  for  nine  hundred 
Acres  of  Land  situate  in  Craven  County  on  the  North  side  of  Neuse, 
Powells  Creek  which  is  now  in  the  possession  of  the  Petitioner:  Who 
conceiving  there's  more  Land  contained  within  the  cour.ses  and  distances 
of  the  said  Patent,  than  is  herein  mentioned,  He  humbly  prays  a  Resur- 
vey  which  is  Granted  and  Ordered  that  the  Surveyor  General  resurvey 
the  same  accordingly  and  make  a  report  thereof  to  this  Board  at  their 
next  sitting 

John  Fredrick  Margals  moved  the  Board  for  leave  t(j  be  admitted  to 
prove  his  Rights  which  was  Granted  and  he  makes  Oath  that  his  Familv 
residing  in  Craven  county  consists  of  six  white  persons 

Read  the  petition  of  John  James  shewing  a  certain  error  in  his  patent 
and  plat  praying  an  alteration  thereof  Viz'  the  first  Course  North  20 
East  132  be  made  North  48  Ea-nt  132  poles  to  a  stake  which  was  granted 
and  the  patent  and  plat  rectified  acct)rdiugly  in  Council 

By  order  "  JOHN  RICE  C  C 


954  COLONIAL  RECORDS. 


North  Carolina. 

At  a  Council  held  at  New  Bern  28*  September  1749 

Present  His  Excellency  the  Governor. 

^ri     tr     Me    f  Eleazer  Allen     Roger  Moore  1  Esq"  Members 
ilie  Hon       j  ^^jjj  p^^j^g^  j>      ^^^  Council 

Read  the  Petition  of  Cornelius  Lynch  praying  an  Order  for  resurvey- 
ing  of  two  several  Tracts  belonging  to  James  Mackilwean  and  Edmund 
Smithwiek  respectively  which  in  regard  they  not  being  present  is  post- 
poned till  tomorrow  and  Ordered  that  the  said  James  Mackilwean  and 
Edmund  Smithwiek  do  then  appear  and  lay  their  Patents  before  this 
Board. 

His  Excellency  tlie  Governour  was  j)leased  to  lay  before  the  Board  a 
Copy  of  an  Order  of  tlie  Right  Honourable  the  Lords  of  tiie  Committee 
of  Council  for  plantation  affairs  togetiier  with  a  copy  of  the  humble 
petition  of  the  Palatines  in  Nortli  Carolina  to  His  Majesty  which  Order 
was  read  being  as  follows  Viz' 

At  the  Council  Chamber  Whitehall  the  13""  day  of  July  1747 
By  the  Right  Honourable  the  Lords  of  the  Committee  of  Council  for 

Plantation  Aflairs. 

His  Majesty  having  been  pleased  to  refer  unto  this  Committee  the 
humble  Petition  of  the  palatines  in  North  Carolina,  complaining  of 
Colonel  Thomas  Pollock  for  having  disposed  them  of  their  Lands  in 
that  province  which  were  granted  them  being  b}'  her  late  Majesty  Queen 
Ann,  And  humbly  praying  his  Majesty  will  be  graciously  pleased  to 
restore  them  to  the  possession  of  their  said  Land  at  any  term  of  Rents 
under  His  Majesty  as  shall  be  thought  meet  The  Lords  of  the  Com- 
mittee this  day  took  the  said  petition  into  their  Consideration  and  are 
hereby  pleased  to  refer  the  same  (a  Copy  whereof  is  hereunto  annexed) 
to  the  Lords  Commissioners  for  Trade  and  plantations  to  Consider  thereof 
and  report  their  Opinion  thereupon  to  this  Committee 

Signed  W»  SHARPE 

Then  was  read  the  Petition  of  the  Palatines  to  His  Majesty,  being  as 
follows  Viz' 

To  his  most  Excellent  Majesty  King  George  the  Second  King  c)f  Great 
Britain  Scotland  France  and  L-eland  Defender  of  the  Faith 

The   Humble   Petition   of  the   Palatines    in   North   America   Humbly 
Sheweth 
That  your  Petitioners  being  sent  six  hundred  in  Number  by  her  most 

gracious  Majesty  Queen  Ann  into  America  under  the  Care  of  Christo- 


COLONIAL  RECORDS.  955 


plier  Gravenreed  Barronet  her  Majesty  of  her  bountifull  kindness  paid 
each  man  Twenty  siiilling.s  Sterling  for  to  purchase  Necessarys  for  their 
peopling  and  settling  her  Plantations  in  North  America  And  Gentlemen 
of  England  raised  the  like  sum  with  six  pair  of  hand  mill-stones  and 
two  pair  of  water  mill-stones  for  like  purpose  which  said  sums  and  mill 
stones  your  Petitioners  put  into  the  care  of  their  Trustee  aforesaid,  who 
promised  to  pay  them  in  North  Carolina  three  Pounds  for  one  received 
from  them  in  England 

That  your  Petitioners,  pursuant  to  her  Majesty's  Proclamation  sent  to 
Germany  in  the  year  of  our  Lord  One  thousand  seven  hundred  and 
eight  had  their  Lands  laid  out  to  them  (to  wit)  to  each  Family  two  hun- 
dred and  fifty  acres  That  your  Petitioners  Trustee  Baron  Gravenreed 
aforesaid  entered  into  an  agreement  with  them  to  find  each  F'amily  two 
Cows  and  calves  and  a  Bull,  two  sows  and  pigs  and  a  Boar  two  Ewes  and 
Lambs  and  a  Ram  which  said  stock  your  petitioners  were  to  have  in  pos- 
session for  the  space  of  seven  years  and  at  the  Expiration  of  such  Term 
to  deliver  their  said  Trustee  the  said  Principal  and  at  Expiration  of  five 
years  of  said  Term  to  pay  him  the  yearly  rent  for  two  ^  currency  '^ 
acre. 

That  in  the  year  of  our  Lord  One  Thousand  seven  hundred  and  nine 
your  petitioner  arrived  in  America  and  in  the  year  1711  Indians  broke  out 
against  and  destroyed  several  Familys  in  which  enterjjrize  our  Trustee 
was  taken  by  the  Indians  whilst  he  was  yet  amongst  them  We  expected 
him  killed  then  came  one  Thomas  Pollock  who  ruled  both  Governour  and 
Country  and  acted  in  behalf  as  a  General  send  to  his  Captain  William 
Brice  to  take  all  the  Dutch  that  were  able  to  bear  Arms  and  meet  him 
at  an  Indian  Town  which  was  about  six  Ijeagues  from  our  Inhabitants 
accordingly  we  did  but  he  never  met  but  left  us  to  sit  two  days  and  one  night 
with  the  Indians  soon  after  Gravenreed  was  brought  in  but  did  not  stay 
long  with  us  who  carried  off  from  our  Settlements  all  that  he  could  con- 
veniently come  at  promising  to  return  with  provisions  and  necessarys  for 
the  War  but  never  returned  nor  made  the  least  satisfaction  for  these 
Things  received  nor  the  Money  allowed  us  by  her  most  Gracious  Maj- 
esty or  the  Gentlemen  of  England  with  Two  hundred  pounds  which  we 
also  put  into  interest  at  our  departure  from  England. 

That  as  soon  as  our  Trustee  departed  the  said  Colonel  Thomas  Pol- 
lock came  to  our  Settlements  and  took  every  thing  even  the  Mill  stones 
and  left  us  without  any  Assistance  iutirely  naked  to  the  niercv  of  the 
Indians. 

That  at  the  Expiration  of  four  years  the  Indian  War  ended  and  then 
came  the  said  Pollock  and  took  our  Lands  from  us  that  we  had  in  Vir- 


966 


COLONIAL  RECORDS. 


tue  of  her  Majestys  Proclamation  laid  out  to  us  We  your  distressed  Pe- 
titioners being  in  an  unknown  part  of  the  world  and  quite  destitute  of 
any  assistance  was  obliged  to  submit  to  him  the  said  Pollock  who  under 
Colours  of  a  relapsed  pattent  holds  the  Land  to  this  Day. 

That  in  the  year  One  Thousand  seven  hundred  and  forty  seven,  the 
fifth  day  of  January  the  Heir  of  Colonel  Thomas  Pollock  came  to  our 
Plantations  to  turn  us  oif  from  our  possessions  by  virtue  of  Authority 
in  order  to  settle  the  Rebels  the  Scots  in  our  Possessions  it  being  in  the 
(lead  time  of  Winter  not  knowing  which  way  to  go  with  our  Familys 
by  which  we  were  compelled  to  give  him  our  Bonds  for  as  much  as  he 
was  pleased  to  ask. 

That  your  Petitioner  .most  humbly  prays  that  your  most  sacred  Maj- 
esty will  be  pleased  to  award  us  Your  poor  Petitioners  who  have  under- 
gone the  Fatigues  of  so  long  and  Tedious  a  War  against  the  Barbarous 
Indians  a  Decree  for  our  said  Land  and  at  any  Term  of  rents  under 
Your  most  gracious  Majesty,  as  to  your  Majesty  may  seem  meet 

And  your  Distressed  Petitioners  as  in  Duty  bound  will  ever  pray 
Signed 


PHILIP  FENEYER 
CHRISTIAN  ESLAR 
HERMAN  GRUM 
PETER  ENDER 
JOSEPH  PUGAR 
ADAM  MOOR 
ABRAHAM  BUSIT 
HENRY  MORRIS 
JACOB  EIBACH 
NICHOLAS  RIMER 
JOHN  KINSEY 
ANDREW  WALLIS 
JOHN  SIMONS 
DANIEL  SIMONS 
GEORGE  SNEIDOR 
FREDERICK  MARKET 
CASPER  RISHEED 
MICHAEL  SHELFER 
JNO.  LEKGAN  MILLER 
GEORGE  RENEGE 
JOHN  KENSEY 


HENRY  GREST 

JACOB  MILLER 

CHRISTIAN  WALKER 

MATHIAS  REASONOVER 

DENNIS  MOOR 

JOHN  GRANADE 

JOHN  RIMER 

MICHAEL  GESIBEL 

CHRISTIAN  BAVER 

PETER  REYET 

MICHAEL  KISER 

PETER  LOTS 

DANIEL  TETCHEY 

PETER  PILLMAN 

ABRAHAM  BAVER 

CHRISTIAN  GANTER 

SIMON  KEHLER 

JACOB  HUBER 

JNO.  BERNARD  SHONE  WOOLF 

CHRISTAIN  HUBBACH 

PHILLIP  OMEND. 


COLONIAL  RECORDS.  957 


His  Excellency  was  pleased  to  acquaint  the  Board  that  he  had  re- 
ceived a  Letter  from  tiie  Rifjht  Hon"'  the  Lords  of  Trade  and  planta- 
tions signifying  that  tiiey  have  made  their  Report  to  the  Lords  of  the 
Committee  of  Council  upon  the  Petition  of  the  palatines  in  this  Prov- 
ince. And  in  regard  of  the  ill  Treatment  they  appeared  to  have  met 
with  advised  the  making  them  a  Grant  equivalent  to  what  they  were 
formerly  possessed  of  and_  had  recommended  it  to  his  Excellency  to  give 
Encouragement  Assistance  and  protection.  Which  the  Governour  Or- 
dered to  be  read  whieli  is  in  these  words  Viz' 

Sir 

We  have  received  Your  Letter  dated  the  17"'  of  May  last  and  the 
Pai)ers  therewith  Transmitted. 

We  have  made  our  Report  to  the  Lords  of  the  Committee  of  Council 
upon  the  Petition  of  the  Palatines  in  your  Province  And  in  Considera- 
tion of  the  ill  Treatment  and  Hardships  they  appear  to  have  met  with 
We  have  advi.sed  the  making  them  a  Grant  of  Land  equivalent  to  what 
they  were  before  possessed  of,  and  we  recommend  it  to  you  to  give  them 
all  Encouragement  Assistance  and  Protection  in  your  Power. 

We  doubt  not  but  that  before  this  comes  to  your  Hands  You  will 
have  Received  his  Majestys  Orders  to  transmit  the  Evidence  necessary 
for  our  information  upon  the  Law  which  you  mention  for  an  Equal 
Representation  in  the  House  of  Burgesses  in  consequence  of  our  Report 
to  the  Lords  of  the  Committee  of  Council  upon  the  Petition  of  the  In- 
habitants of  the  Northern  Counties  against  that  law  but  we  must  ac- 
quaint you  that  we  have  not  Received  the  Law  for  fixing  the  seat  of 
Government  and  tiierefore  desire  you  will  forthwith  transmit  to  us  a 
Copy  thereof  under  the  Seal  of  the  Province  and  that  we  may  be  the 
better  enabled  to  report  our  opinion  on  the  situation  of  Affairs  in  your 
Government  which  we  have  now  under  our  Consideration  We  desire 
you  will  likewise  send  us  the  State  of  the  Province  which  you  so  long 
since  acquainted  us  you  was  preparing.  So  we  bid  you  heartily  fare\veil 
and  are  Your  very  loving  Friends  and  humble  Servants 

B  LEVESON  GOWER 

DUPPLIN 

FRAN.  FANE 

Then  His  Excellency  was  pleased  to  lay  before  the  Board  his  Majes- 
tys Royal  Instruction  in  Rejation  to  the  said  Palatines  which  was  also 
read  being  as  follows  Viz' 


958  COLONIAL  RECORDS. 


George  R 

Additional  Instruction  to  our  Trusty  And  well-heJoved  Gabriel  Johu- 
ston  Esq'  Our  Captain  General  and  Governour  in  Chief  in  and  over  our 
Province  of  North  Carolina  in  America  or  to  the  Commander  in  Chief 
of  our  said  province  for  tiie  Time  being  Given  at  our  Court  of  St 
James'  the  sixteenth  day  of  March  1748,  in  tiie  Twenty  second  year  of 

our  Reign 

Additional  Instructions 

Whereas  an  humble  petition  hath  been  presented  unto  us  by  several 
palatines  Inhabitants  within  Our  province  of  North  Carolina  complain- 
ing of  their  having  been  formerly  disposessed  by  Col°  Thomas  Pollock 
of  Lands  granted  to  them  in  Our  said  Province  by  our  late  Royal  Prede- 
cessor Queen  Ann,  and  that  the  Heirs  of  the  said  Pollock  have  turned 
them  off  tiieir  Possessions,  and  therefore  humbly  praying  that  we  would 
be  graciously  pleased  to  restore  them  to  the  Possession  of  their  said  Lands 
at  any  Term  of  Rents  that  we  should  think  proper 

And  Whereas  it  hath  represented  unto  us  that  there  have  been  Pro- 
ceedings at  Law  in  onr  said  Province  between  the  said  Col°  Tliomas  Pol- 
lock did  obtain  a  decree  in  the  Court  of  Chancery  in  our  said  Province 
for  which  Decree  there  has  been  no  appeal,  and  that  the  said  Lands  were 
afterwards  surveyed  and  patented  in  his  name. 

Now  We  having  considered  the  same,  as  also  the  the  Hardships  which 
the  said  Petitioners  who  are  represented  to  us  to  be  a  Laborious  People 
and  to  iiave  been  many  years  settled  in  Our  said  Province,  and  to  have 
Ijeen  employed  Manufacturing  Pitch  and  Tar,  and  otiier  usefull  Com- 
modities, have  suffered  by  being  disposessed  of  their  Lands  as  aforesaid 
together  with  the  advantages  that  will  arise  to  our  Province  by  the  con- 
tinuance thereof  a  number  of  usefull  and  Industrious  Inhabitants.  It  is 
our  Will  and  Pleasure,  and  you  are  hereby  directed  and  required  forth- 
with to  make  a  Grant  or  Grants  to  the  said  Petitioners  of  so  much  Land  in 
our  said  Province  hitherto  uugranted,  as  shall  be  equivalent  to  the  Lands 
they  have  been  dispossessed  of  to  be  from  the  payment  of  any  Quit  Rent 
for  the  first  Ten  years,  but  at  the  Expiration  of  that  Term  to  pay  the 
accustomed  Quit  Rent  of  4'  Proclamation  Money  for  every  hundred 
Acres  to  be  granted  agreeable  to  the  Tenor  of  our  Instructions  to  you 
upon  that  head,  Provided  nevertheless,  and  it  is  our  Express  Will  and 
Pleasure,  that  you  do  insert  a  Clause  in  every  such  Gi'ant  or  Grants  so 
to  be  made  by  you  to  the  said  Petitioners,  declaring'  that  the  same  shall 
become  void  as  to  so  much  of  the  Laud  thereby  to  be  granted  as  shall 
not  be  cultivated  within  Ten  years  from  the  Date  of  each  respective  Grant 


COLONIAL  RECORDS.  959 


and  as  the  settlement  of  tlie  said  Palatines  will  be  a  great  addition  of 
strength  to  our  said  Province,  and  he  a  considerable  advantage  and 
Security  to  the  Inhabitants  thereof  We  do  hereby  direct  and  require  you 
to  recommend  to  the  Assembly  of  Our  said  Province  to  make  speedy 
provision  in  such  manner  as  they  shall  think  proper  for  defraying  the 
Charge  of  surveying  the  Land  so  to  be  granted  to  the  said  Petitioners, 
and  of  issuing  the  Grants  for  the  same  and  all  other  Charges  attending 
such  Survey  and  Grants  G.   R. 

His  Excellency  the  Governour  was  pleased  to  ask  the  Opinion  of  the 
Council  thereon  who  unanimously  Approved  thereof.  And  Whereupon 
'tis  Ordered  that  Notice  be  given  to  all  persons  concerned  in  the  said 
Petition  or  the  Claimants  of  any  Lands  under  them  within  this  province 
in  Virtue  of  a  Grant  obtained  from  Jier  late  Majesty  Queen  Ann  that 
they  appear  before  His  Excellency  the  Governor  in  Council  on  Monday 
next  being  the  second  of  October  in  Order  that  such  Claims  mav  be 
examined  into 

At  a  Council  held  at  New  Bern  29""  September  1749 
Present  His  Excellency  the  Governour 
The  H     "'•  i  Eleazer  Allen     William  Forbes  1  Esq"  Members 
\  Roger  Moor.       James  Murray    J      of  Council 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Roger  Moore  500  Craven,  Ditto  500  D",  Ditto  100  D°,  Ditto  1000  D", 
Ditto  500  D°,  William  Pringle  100  Hyde,  Richard  Adams  100  Beaufort, 
John  Leith  150  Hyde,  Samuel  Jasper  150  D°,  Reading  Blount  (350  Bean- 
fort,  James  Adams  100  D",  Robert  Marker  100  D°,  Peter  Gustans  & 
Joseph  Nobles  300  Anson,   Andrew  Carthey  400  D",  Jane  Adams  300 
D"",  Robert  Brevai-d  640  D",  Alexander  Dobbin  550  D",  Joseph  McDowell 
400  D",  Rachel  Price  400  D°,  John  Chithelen  400  D°,  Abington  Shirrel 
400  D°,  William  Shirrel  600  D°,  Tyree  Harris  600  D",  Thomas  Potts 
400  D°,  Benjamin  Jackson  400  D°,  Jundin  Gibson  100  D°,  John  Jakel- 
Ier640  D°,   Francis  Mackilwean  600  Anson,  Henry  Somerlin   100  D° 
Granted 

Read  the  following  Petitions  for  Grants  for  Patents,  Viz' 
Robert  Thompsons  250  Beaufort,  Nathan  Archibald   250  D°,  Joseph 
Gadd  316  D°,  Reading  Blount  685  D°     Granted. 

Read  the  Petition  of  Thomas  Farmer  shewing  that  one  William  Hen- 
derson had  obtained  a  Warrant  and  surreptitiously  a  Grant  and  Patent 
for  the  Land  he  lives  on  for  which  the  Petitioner  has  likewise  a  patent  of 
an  equal  Date  and  praying  in  regard  his  being  the  prior  Warrant,  and 
the  said  Hendersons  not  having  been  regularly  executed,  and  that  he  has 


960  COLONIAL  RECORDS. 


made  large  improvements  on  the  Premises,  the  said  Henderson's  Grant 
may  be  set  aside.  Postponed  till  Wednesday  next  being  the  4""  of  Octo- 
ber, and  Ordered  that  the  Parties  with  their  Evidences,  and  also  Joseph 
Caruthers  Deputy  Surveyor  do  then  severally  appear  before  this  Board, 
iu  Order  to  a  hearing  in  the  premises  and  that  they  have  Notice  thereof 
Accordingly. 

Read  the  petition  of  John  Philips  setting  fortii  that  one  Samuel 
Uxford  had  entered  certain  Land  whereon  he  has  a  Plantation  in  the 
Secretarys  Office  as  Vacant  Land  and  prayed  relief  therein.  Which  in 
regard  the  said  Uxford  not  being  present  is  postjioned  till  We<lnesday 
next. 

Read  the  petition  of  Samuel  Uxford  for  a  Tract  of  three  hundred  and 
fifteen  Acres  granted  to  Lionel  Leigh  situate  in  Craven  County,  which 
on  motion  of  Mr.  Samuel  Swaiin 'opposing  the  same  in  hciialf  of  John 
Philips  is  Delayed  till  Wednesday  next 

Upon  the  Complaint  of  John  Maxwell  John  Munfree  and  Thomas 
M'Cleudon  exhibited  this  day  to  the  Board  in  behalf  of  themselves,  and 
sundry  others,  Inhabitants  of  Johnston  County  setting  forth,  that  Gilbert 
Kerr  of  the  said  County,  had  exacted,  demanded  and  taken  from  them 
Exhorbitant  and  larger  Taxes  for  the  year  1748  than  they  ought  to  have 
paid,  and  prayed  to  be  relieved  in  the  premises.  Whereupon  it  is  ordered 
that  the  said  Gilbert  Kerr  have  Notice  to  appear  before  this  Board  on 
Wednesday  next  being  the  4"'  day  of  October  and  that  the  parties  Com- 
plainants do  then  likewise  attend  with  their  Proofs  in  Order  that  the 
Merits  of  the  Complaint  may  be  enquired  into 

At  a  Council  held  at  New  Bern  30""  September  1749 
Present  His  Excellency  the  Governour 
rpi      TT       1  I    f  Eleazer  Allen     James  Murray  J  Esq"  Members 
(^  William  Forbes  \      of  Council 

Read  Sundry  Petitions  for  Warrants  for  Land  as  follows  Viz' 
Moses  Tilmans  150  Craven,  Thomas  Hogg  200  New  Hanover,  John 
Williams  40  Bladen,  Wendell  Blyler  200  Johnston,  Preston  Goforth 
400  Anson,  William  Rainey  .300  Johnston,  William  Belk  100  D°,  Henry 
Best  640  D°,  Edward  Grantham  200  New  Hanover,  William  M'Kenney 
300  Johnston,  Richard  Caswell  Junior  600  Anson,  Gilbert  Kerr  200 
Johnston,  John  Willson  200  Craven,  Stephen  Cade  150  Johnston,  Rob- 
ert Fellows  200  D",  Richard  James  200  New  Hanover,  John  Cook  100 
D°,  Michael  Lowber  320  New  Hanover,  William  Armstrong  100  D°, 
John  Clark  100  D",  Thomas  Kinion  50  D",  Andrew  Moorman  600 
Anson,    Andrew   Moorman    Junior .  300    D°,    Benjamin    Wheatley  200 


COLONIAL  KECORDS.  961 


Craven,  John  Clitherall  640  Carteret,  Abraham  Boyd  350  Anson,  Dan- 
iel Short  200  D°,  John  Tutell  50  Craven,  John  New  100  Johnston, 
James  Carter  .300  New  Hanover     Granted 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
George  Eilands  150  Johnston,  Samuel  Rateliff  200  D",  M'illiani  Bush 
315  D°,  Alexander  Rouse  87  New  Hanover,  James  Barefield  100  D°, 
Richard  Leith  275  Hyde,  Moses  Arnold,  50  Craven,  D°  200  D»,  Philip 
Shute  440  Beaufort,  Thomas  Roberson  180  Anson,  Edward  Givins  275 
D°,  Robert  Runax  75  D°,  Samuel  Besam  320  D°,  William  Shirrell  400 
Anson,  Joseph  M°Dowali,  400  D°,  George  Faggin  200  Bladen,  Benja- 
min Jacksou  200  Anson,  Leonard  Killins  950  D°,  John  Killins  1000 
D",  Andrew  Killins  850  D°,  Tyree  Harris  600  D",  Thomas  Potts  460 
D°,  Andrew  Killins  1000  D",  Thomas  Turnbull  800  Bladen  Granted 
Read  the  Petition  of  Richard  Newman  shewing  he  is  Grantee  of  a 
parcel  of  Land  situate  on  the  North  side  of  Pamlico  River  on  the  East 
side,  at  the  Moutli  of  Bath  Town  Creek,  being  part  of  a  Tract  of  Two 
hundred  and  Twenty  Eight  Acres,  granted  by  the  late  Ijords  Proprietors 
to  John  SuUavant  and  the  Petitioner  conceiving  there  is  more  Land  con- 
tained within  the  Courses  and  Distances  of  the  patent  than  is  therein 
mentioned  he  liumbly  prays  a  Resurvey  thereon  which  is  Granted  and 
Ordered  that  the  Surveyor  General  do  accordingly'  Resurvey  the  same 
and  make  rejjort  thereof  to  this  Board  at  their  next  sitting. 

At  a  Council  held  at  New  Bern  2*  October  1749 

Present  His  Excellency  the  Governour 
-pi     IT     Me  /  Eleazer  Allen    James  Murray  \  Esq"  Members 
\  Roger  Moore      Will  Forbes      j      of  Council 

His  Excellency  the  Governour  observed  to  the  Members  of  Council 
present  that  by  the  death  of  Colonel  Moseley  a  late  Member  of  his  Maj- 
esty's Council  and  the  indisposition  of  two  of  the  Council  residing  at 
Cape  Fear  there  was  not  a  sufficient  number  of  Councellors  to  act  in  a 
Legislative  capacity  (five  members  being  held  necessary  to  form  an  upper 
house)  and  desired  their  Opinion  wiie.ther  it  would  not  be  for  his  Maj- 
esty's Service  in  the  present  Conjuncture  to  appoint  a  Councellor^in  the 
Room  of  Col°  Moseley  deceased  untill  his  Majesty's  Pleasure  shall  be 
known  thereon  which  the  Honorable  the  Council  unanimously  approved 
of  Whereupon  his  Excellency  by  and  with  the  advice  and  consent  of  Coun- 
cil was  pleased  to  nominate,  constitute  and  appoint  James  Hasell  Esq' 
Member  of  His  Majesty's  Council  for  anil  within  this  province,  and  the 
said  James  Hasell  Esq'  being  called  to  the  Board  and  acquainted  there- 
with took  and   subscribed   the  several   Oaths  by  Law  appointed  for  the 

Vol.  4—107 


962  COLONIAL  RECORDS. 


Qualification  of  Piiblick  Officers  as  also  the  Oath  of  a  Councellor,  and 
his  place  at  the  Board  accordingly. 
Present  The  Hon"'  .James  Hasell 


At  a  Council  held  at  New  Bern  7""  October  1749 

Present  His  Excellency  the  Governor 

{Eleazer  Allen  James  Murray  ~)  tj-    rs  A,r      i 

Math  Rowan  Will  Forbes  '     .  i^'^q  /^'^'"•^ei''^ 

J-,  ,,r  T  TT      11  ot  (.ouncil 

Roger  Moore  .James  Hasell    j 

Jteid  the  following  Petitions  for  Warrants  for  Land  W/.' 

Pxlward  Rawlins  100  New  Hanover,  Aaron  Wood  400  .Johnston, 
George  Charlton  200  Craven,  William  Charlton  200  I^°,  James  John- 
ston 320  Carteret,  Benjamin  Clements  400  Johnston,  .John  Oates  400 
D°,  William  Mills  100  Craven,  John  Dunn  100  New  Hanover,  William 
Brice  ."JO  D°,  William  Whitty  100  Craven,  ^^'illianl  (ribson  6(i  Onslow, 
Hahakkuck  Russett  50  Carteret.     Granted. 

David  kShepard  100  Carteret,  Thomas  Lovick  200  Craven,  John  Smith 
300  New  Hanover,  Charles  Gavin  500  D°,  Griffith  Jones  100  Bladen, 
William  Askins  100  Onslow,  John  Vendriek  200  Craven,  Peter  Starkey 
250  Onslow,  Joseph  Iloads  100  Carteret,  Edward  Ward  640  Onslow, 
John  Smith  250  New  Hanover,  Hugh  Blaning  200  D°,  William  Teague 
300  Johnston,  Hugh  Blaning  200  New  Hanover,  Abraham  Boyd  400 
Anson,  John  Eckolls  150  Beaufort,  .John  Cook  300  New  Hanover, 
Joseph  I^amb  200  D",  Edward  Williams  150  Craven,  William  Wilkin- 
son 100  D°,  Gilbert  Buoy  100  Bladen,  William  Hines  65  Johnston, 
Martin  Fryer  100  New  Hanover,  John  Smith  140  J51aden,  Farnifold 
Green  Junior  200  D",  Martin  Caswell  100  I>,  Richard  Caswell  .Junior 
400  Johnston,  Duncan  Buoy  100  Bladen,  David  Smith  200  D",  Thomas 
Castellaw  .500  -Johnston,  George  I^ane  100  Craven,  Stephen  Cade  200 
Johnston,  Stephen  Cade  200  .Johnston,  Coleman  Roe  400  Beaufort, 
I)avid  licwis  200  Craven,  Thomas  Brooks  100  Bladen,  .Jacob  Blocker 
200  D",  Thomas  Brooks  400  D°,  Alexander  McAllister  100  D°,  D"  D" 
640  D°,  Thomas  Armstrong  200  D°,  Charles  Heard  100  D°,  John  Becton 
150  Craven.     Granted. 

Read  again  this  Day  at  the  Board  the  Petition  of  John  Philips  set- 
ting forth  that  one  Jjionel  Jjee  obtained  his  Excellency's  Pattent  for 
Three  hundred  and  about  fifty  or  sixty  Acres  of  Land  lying  in  Craven 
CViunty  whereon  he  seated,  and  cultivated,  and  as  he  imagined  made  a 
I'iantation  That  the  Petitionei'  some  time  afterwards  purchased  the 
af  iresaid  Land  and  plantation  of  the  Pattcntee  for  a  valualile  Considera- 
tion That  one  Samuel   l^xford   had  entered  the  said   Plantation  in  the 


COLONIAL  RECORDS.  W.i 


Secretarys  Offiw  as  vacant  Ijand  and  witliont  tlio  Boiniils  of  tlie  aft. re- 
said  Patent 

That  lie  had  sold  the  said  Land  to  one  Nicholas  Booty  lor  a  valnalile 
Consideration- as  part  of  and  inclnded  in  the  Patent  granted  to  the  said 
Lee  as  aforesaid  thro'  If!;n(jrance  and  not  knowing  the  contrary  and  to 
which  he  would  consequently  to  his  great  Prejudice  be  obliged  in  l^aw 
to  make  him  a  Title.  Wherefore  he  jjrays  a  Warrant  may  be  granted  liim 
for  the  vacant  Lands  including  the  |)lantation  aforesaid  adjoining  the 
Land  he  purchased  of  the  said  Lionel  Lee. 

Then  was  read  the  Petition  of  Samuel  Uxford  likewise  for  a  Warrant 
for  the  same  Laud  Upon  which  Mr.  Nicholas  appeared  and  opposed  tlie 
granting  of  the  said  Philips  Petition  setting  forth  that  the  said  Uxford 
upon  his  discovery  of  the  Land  in  Question  apprized  the  said  Philips 
thereof  and  of  his  Litentions  to  apply  for  a  Warrant  and  Patent  for  tiie 
same  That  it  had  lain  vacant  for  many  years  past  to  the  apparent 
defrauding  his  Majesty  of  his  Quit  Rents.  That  it  was  some  time  after 
he  tiuding  out  and  Notice  given  by  Uxford  as  aforesaid  that  he  enterwl 
the  Land  in  the  Secretarys  Office  in  which  lie  was  both  legal  and  priiir 
to  the  said  Piiilips.  That  he  had  been  upon  the  whole  at  great  trouble 
and  expenee,  And  for  these  reasons  lie  moved  that  a  Warrant  might  be 
granted  to  the  said  Uxford  for  the  premises.  Whereupon  Mr.  Swann 
])roduced  several  Evidences  ou  the  part  of  Philips  who  were  sworn  ;ind 
examined.  And  the  arguments  ou  both  sides  having  been  fully  hciird 
and  considered  his  Exoellency  was  pleased  to  ask  the  Opinion  of  the 
Council  thereon  who  advised  the  Granting  of  Philips  petition  but  thought 
it  reasonable  he  should  pay  and  satisfy  the  other  his  disbursements  ami 
accordingly  'tis  Ordered  that  a  Warrant  issue  to  the  said  John  Philips 
for  the  Land  as  prayed  for  he  reimbursing  the  said  Samuel  Uxford  forth- 
with whatever  money  he  shall  make  appear  to  this  Board  to  have  ex- 
pended on  that  occasion  or  to  pass  a  Bond  to  perform  the  same  in  some, 
convenient  Time 

Read  the  Petition  of  Henry  Snoad  and  Lienor  Payton  Executors  of 
Benjamin  Payton  for  a  Warrant  for  six  hundred  and  forty  Acres  of 
Land  in  Beaufort  C'ounty.  Opposed  by  Mr.  Swaun  in  behalf  of  RoI>- 
ert  Payton  and  Delayed 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

William  Belks  70  Johnston,  Moses  Tyler  400  New  Hanover,  Thomas 
Strakley  150  D",  John  Holmes  100  Onslow,  Benjamin  Meredith  100 
New  Hanover,  John  Miller  200  D°,  George  M^Keen  142  Carteret,  Jo!in 
Mann  300  Johnston,  John  Moor  200  Craven,  George  Karnage  400  !>, 
John  Cathey  400  Anson,  George  Davison  300  D°,  Samuel  Coburn  FOO 


964  COLONIAL  RECORDS. 


D°,  Peter  Ellet  150  D°,  Richard  Graham  400  D°,  Mark  Finch  640  D°, 
John  Price  250  D°,  George  Cathey  Junior  400  D°,  George  Cathey  400 
D°,  John  Clark  1000  D",  Daniel  Cox  400  Craven,  Philip  Trapnal  150 
D",  Dennis  Cannon  100  D",  John  Mudtlox  500  D",  John  Groom  200 
Bladen,  Silvanus  Soul  300  D°,  Benjamin  Moor  250  D°,  William 
Maltsby  250  D"  Alexander  McKikin  200  D",  Jacob  Thompson  50  John- 
ston, Thomas  Mason  220  Hyde,  John  Row  260  Johnston,  Thomas 
Hughs  100  D°,  Alexander  M'Culloii  300  New  Hanover,  Malcolm  Smith 
loo  Bladen,  Joseph  Oates  100  New  Hanover     Granted 

Read  the  Petition  of  James  Shakelford  setting  forth  that  John  Shak- 
elford  the  Petitioners  Father  on  or  about  the  26'"  of  October  1726  ob- 
tained from  the  late  Lords  proprietors  a  Patent  for  two  hundred  and 
eighty  acres  of  Land  Scituate  on  the  South  side  of  Neuse  River  on  the 
head  of  Clubfoots  Creek  to  which  the  Petitioner,  his  Father  dying  In- 
tt'state,  as  eldest  son  and  heir  at  Law  is  justly  Entitled.  That  the  late 
Arthur  Mabson  in  iiis  life  time,  that  is  to  say,  about  Thirteen  years  ago 
obtained  a  Warrant  for  a  Tract  of  Land  whicii  he  surveyed  round  the 
Lands  of  the  Petitioner  aforesaid  and  included  the  whole  thereof  in  his 
Survey  and  for  whicli  he  obtained  a  Patent ;  And  the  Petitioner  being 
apprehensive  that  some  of  his  Station  Trees  may  liave  been  burnt,  cut 
down  or  otherwise  distroyed  he  humbly  ])rays  a  Resurvey  both  of  his 
own  and  the  said  Mabsons  Land  which  is  Granted  and  Ordered  that  the 
Surveyor  General  do  accordingly  resurvey  the  same  and  make  report 
thercdf  to  this  Board  at  their  next  sitting. 

Read  the  petition  of  Edmund  Smithwick  for  a  Warrant  for  Two  hun- 
dred and  forty  five  Acres  being  surplus  Land  found  on  a  Resurvey  of  a 
Tract  of  Three  hundi'ed  Acres  granted  to  the  Petitioner  the  lo""  March 
174|^  Mr.  Herritage  appeared  and  acquainted  the  Board  that  the  mat- 
ter was  in  Dispute  between  the  Petitioner  and  one  Cornelius  Lynch,  and 
tiierefore  moved  in  behalf  of  the  latter  that  the  said  Smithwick's  peti- 
tion might  be  delayed  which  is  accordingly 

Tlien  the  Council  adjourned  till  3  "Clock  P.  M. 

The  Council  met  according  to  adjournment      Present  as  before. 

Jacob  Sheets  and  sundry  other  Palatines  appeared  before  this  Board 
in  pursuance  of  an  Order  of  the  28"'  of  September  last  who  desiring  to 
be  informed  of  the  Tenour  of  his  Majestys  Instructions  in  relation  to 
them  the  same  was  Ordered  to  be  read,  Whereupon  they  exhibited  to 
the  Board  a  List  of  Names  of  Sundry  Pers(jns  Claimants  of  Lands 
under  her  late  Majesty  Queen  .Vnn  which  on  being  read  appeared  to  the 
Council  in  some  respects  deficient  upon  wiiich  his  Excellency  was  pleased 


COLONIAL  RECORDS.  905 


to  interrogate  the  said  Jacob  Sheets  who  having  answered  and  reoeived 
proper  Directions  with  regard  to  another  List,  tis  Ordered  that  they 
appear  again  befoi'e  this  Board,  with  the  same  on  Wednesday  next. 


At  a  Council  held  at  New  Bern  U'"  day  October  1749 
Present  His  Excellency  the  Governour. 
r  Eleazer  Allen     .James  Murray  1  r-'     r.  \i       i 
i  he  Hdn""-;  Math  Kowau       Will  lU)rbcs       ,        !•  r<         -i 
(^  Koger  Moore      .lames  Hasell     j 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Major  Crooms  100  Johnston,  Mark  Meyis  100  Craven,  P^rancis  Mack- 
ilwean  200  Bladen,  Arthur  Mabson  400  Ci'aven,  John  Smith  250  Bladen, 
Jacob  Taylor  100  Craven,  James  Anderson  100  D°,  Joseph  Jackson  400 
D°,  Joseph  Lettchworth   200  D°,  William  Barber  100  Craven,  Samuel 
Keight  200  D",  John  Manley  100  D°,  James  Thomas  159  New  Hanover, 
John  Hollingsworth  600  Craven,  William  Porter  100  Bladen,  Thomas 
Mims  200  D",  John  Porter  Junior  lOO  D",  Cuprian  Shephard   200  D°, 
Thomas  Moor  200  New   Hanover,  D°  D°  100  D°,  Mark  Eergison  200 
Craven,  Richard  Curtis  150  Onslow,  Alexander  M^Kikin  (j40  Bladen, 
James  Pugh  100  D°,  John  Williams  100  D",  Robert  Caldwell   200  T)', 
James  Davis  200  Craven,  John   Crawford   .300  Anson,  John   Bone  300 
Do,  William  Hancock  100  D°     Granted 

Read  Sundry  Petitions  for  Grants  for  Patents  as  folhnvs,  Viz' 
John  Gillets  50  Craven,  John  M°Coy  150  Anson,  Benjamin  Hoi'u  1.50 
D°,  Hopkin  Howell  600  D",  George  Helmes  100  Anson,  William  P^orbes 
100  D°,  Edmund  Cartlidge  200  D",  D"  D"  200  D",  Abraham  Boyd  100  D°, 
D"  D°  200  D°,  D°  D"  600  D°,  Jt)hn  Clark  100  New  Hanover,  John  Cook 
100  D",  Daniel  M'Neal  150  Bladen,  John  Butler  100  Onslow,  Samuel 
Middleton  100  D",  Alexander  M°Culloh  100  New  Hanover,  Thomas 
Jones  400  Johnston,  Habakakuk  Russell  144  Carteret,  Mathew  Wilks 
200  Craven,  Erancis  Alexander  280  New  Hanover,  Michael  Blocker 
Junior  200  Bladen,  Howell  Brewer  200  D",  John  Harris  100  Craven, 
John  Conner  150  D°,  James  Perdue  80  D°,  Anthony  Herring  640  John- 
ston, Mark  Driggers  100  Craven     Granted 

His  Excellency  the  Governour  was  pleased  by  and  with  the  advice  and 
assent  of  his  Majesty's  Council  to  Order  that  a  Commission  of  the  Peace 
and  Dedimus  issue  constituting  and  appointing  Charles  Sayer,  Thomas 
Relf,  Samuel  Hith,  Robert  Murding,  Robert  Lowrey,  Joseph  Reed, 
Jonathan  Redding,  William  Davis,  William  Swann,  William  Barnes, 
Griffitli  Jones,  antl  Henry  Pendleton  Esq'  Justices  of  the  Peace  for  and 
within  the  County  of  Pasquotank. 


966  COLONIAL  RECORDS. 


His  Excellency  was  likewise  pleasecl  by  and  with  the  advice  and  con- 
sent (if  Conncil  to  Order  that  a  Commission  of  the  Peace  and  Dedinius 
issue  constituting  and  appointing  William  Cathcart,  William  Kinchen, 
John  Dawson,  Rowland  Williams,  James  Washington,  William  Short, 
James  Manney,  John  Deberry,  John  Moore,  John  Drew,  Nathan  Wil- 
liams, John  Duke,  John  Gilliam,  Osborn  Jeifries,  John  Lamon,  William 
Battle  and  Arthur  Harris  Es(]'^^  Justices  of  the  Peace  for  and  witiiiii  the 
County  of  Northampton. 

Ordered  that  a  New  Commission  of  the  Peace  and  Dedimus  issue  like- 
wise constituting  and  appointing  Thomas  Ijovick,  Enoch  Ward,  Samuel 
Chadwick,  David  Sheppard,  Joseph  Bell,  Carey  Godbee,  Jolin  Chitheral, 
Mo.ses  Holston,  David  Sheppard  Junior,  Rieliard  Ward,  William  (ias- 
kill,  William  Cole  and  Samuel  Noble  Esq"  Jtisti<^es  of  the  Peac*  for 
and  within  the  County  of  C'arteret. 

Ordered  that  a  New  Commission  of  the  Peace  and  Dedinius  issue  also 
c/instituting  and  appointing  W^illiam  Cathcart,  John  Hardy,  Joseph 
Howell,  John  Haywood,  Richard  Whitaker,  William  Kinchen,  William 
Werte,  Aquilla  Suggs,  William  Taylor,  William  Taylor  of  Apple  Tree, 
John  Pope,  Joseph  Lane,  John  Thomas,  John  Pryor,  Robert  Brinkley, 
Samuel  Williams  of  Stoney  Creek,  Wallace  Jones  and  Edward  Moore 
Esq"  Ju-stices  of  the  Peace  for  and  within  the  County  of  E)dgecombe 

Thomas  Jones  Deputy  Surveyor  apjjeared  before  this  Board  in  Obe- 
dience to  an  Order  of  the  11""  of  April  1749,  Upon  the  Complaint  of 
Edward  Connor  shewing  that  he  had  failed  to  make  return  of  a  Warrant 
for  Martin  Trantham  for  four  hundred  Acres  of  I^and  in  Bladen  County 
which  the  said  Connor  had  purchased,  And  being  interrogated  by  his 
E.xcellency  thereon  the  said  Jones  first  of  all  produced  to  the  Board  an 
attested  Plot  of  the  said  Land  taken  from  his  Field  Book  and  then  de- 
clared that  some  Time  in  the  Month  of  July  in  the  Year  1745  he  deliv- 
ered to  Alexander  M^Culloh  Esr('  a  Wan-ant  in  the  name  of  Martin 
Trantham  for  400  Acres  of  Land  in  Bladen  County  in  Order  to  be 
delivered  by  the  said  M°Culloh  to  George  Gotdd  Esq'  Surveyor  General 
with  the  Fees  for  the  Survey  thereof  and  that  the  Warrant  so  delivered 
to  and  bv  him  as  aforesaid  and  the  Plot  which  he  had  now  exhibited  to 
the  Board  were  for  one  and  the  same  piece  of  Land  and  to  which  he 
was  ready  to  made  Oath.  Which  the  Board  on  consideration  thought 
proper  to  enjoin.  Whereupon  the  said  Jones  accordingly  made  affidavit 
to  the  above  purport  and  Effect  before  his  Excrellency  the  Governour 
in  Council 

Ordered  that  a  Dedimus  issue  directed  to  the  Justices  of  Granville 
County  to  Qualify  Henry  Webb,  William  Chamber  and  Thomas  Love- 
latty  Esq"  Justices  of  the  Peace  for  the  said  County 


COLONIAL  RECOEDS.  967 


Then  the  Council  adjourned  till  3  "Clock  P.  M. 

The  Council  met  pursuant  to  Adjournment     Present  as  before. 

Jacob  Sheets  and  George  Keruegee  of  the  surviving  Palatines  who 
came  into  this  Province  on  the  Encouragement  given  by  her  late  Majesty 
Queen  Ann  in  the 'tear  1709  make  Oath  that  the  List  which  they  have 
Exhibited  to  this  Board  is  a  true  List  of  such  Palatines  who  arrived  in 
this  j)rovince  at  that  Time,  and  the  Persons  there  set  down  to  be  the 
Heirs  of  such  of  them  as  are  deceased  are  to  the  best  of  their  knowledge 
the  true  and  lawful!  Heirs  of  the  said  persons  so  deceased 

Whereupon  it  is  Ordered  that  an  Application  being  made  by  the  Per- 
sons mentioned  in  the  said  List,  or  any  of  them  that  Warrants  do 
acct)rdingly  issue,  directed  to  a  proper  Surveyor,  for  Two  hundred  and 
fifty  Acres  of  Land  to  each  person  respectively,  agreeable  to  the  List 
exhibited  as  aforesaid,  and  his  Majesty's  Royal  Instruction  iu  that  behalf. 

Then  his  Excellency  was  pleased  to  propose  the  laying  his  Majesty's 
Royal  Instruction  before  the  General  Assembly  for  their  Consideration, 
to  which  the  Council  concurring,  the  same  was  accordingly  sent  together 
with  the  above  mentioned  List,  and  the  following  Message  Viz' 

Mr.  Speaker  axd  Gentlemen, 

I  herewith  send  you  an  Instruction  I  liave  lately  received  from  his 
Majesty  wherein  You  will  see  I  am  Ordered  to  recommend  to  the 
Assembly  to  make  speedy  provision  in  such  manner  as  you  shall  think 
fit  for  the  Defraying  the  Charge  of  Surveying  certain  Lands  granted  by 
his  Majesty  to  the  Palatines  of  this  part  of  the  Province  I  hope  Gen- 
tlemen You  will  consider  of  this  Aifair  and  make  such  provision  as  will 
be  agreeable  to  his  Majestys  Gracious  Intention  signified  therein 

GAB.  JOHNSTON 

Council  Chamber,  October  11""  1749 

At  a  Council  held  at  New  Bern  13'"  October  1749 

Present  His  Excellency  the  Governor, 
r  Math  Rowan  William  Forbes")  tt    rsM      i 

The  Hon""  -   Roger  Moor  and  I  ^ J/.  ^IZc^ 

(James  Murray  James  Hasel  j 
Mr.  Herritage  acquainted  the  Board  that  upon  the  Petition  of  Edward 
Conner  at  a  former  Council  shewing  that  the  plat  annexed  to  his  patent 
for  six  hundred  and  forty  Acres  in  Bladen  County  contained  difierent 
and  other  Courses  than  what  were  agreeable  to  the  Original  marked  Trees 
twas  Ordered  that  the  Deputy  Surveyor  run  out  the  said  Land  agreeable 
to  the  first  marked  Trees  and  return  a  plat  thereof  upon  Oath  to  this 


COLONIAL  RECORDS. 


Board.  Which  being  exhibited  in  Council  and  read  he  thereupon  moved 
in  behalf  of  the  said  Connor  for  a  new  patent  in  Consequence.  Thomas 
Armstrong  appeared  by  Mr.  Swann  his  Attorney  and  opposed  the  said 
Motion,  alleging  he  had  a  Patent  that  included  part  of  the  said  Land, 
which  when  he  took  the  same  up  was  vacant,  and  without  the  Lines  of 
the  said  Conners  Tract;  the  marked  Trees  by  line  said  to  be  the  Bounds 
of  his  Land,  not  answering  with  the  true  Courses  thereof,  praying  there- 
fore that  the  plat  so  returned  by  the  Surveyor  or  might  and  that  the  said 
Conner  may  be  obliged  to  hold  his  Land  according  to  the  Courses  of  his 
Patent  be  rejected,  which  is  Granted  and  Ordered  that  the  said  Edward 
Conner  do  from  henceforth  hold  his  Land,  by,  and  agreeable  to  the 
Courses  of  his  patent,  and  no  other. 

Mr.  John  Devis  exhibited  in  Council  a  Patent  in  the  name  of  Thomas 
Nelson  for  Two  hundred  Acres  of  Land  in  Carteret  County  praying  that 
the  Courses  inserted  thro'  mistake  Viz'  S°  52  W  20  ch  then  S°  40  E'  25 
ch  from  thence  N°  52  W  20  ch  might  be  altered  to  S°  33  W  80  poles 
then  N"  54  E'  400  poles  from  thence  N°  33  E'  80  poles  which  was 
granted  and  the  Patent  accordingly  altered  in  Councill  as  well  as  the 
record  thereof 

Read  the  Petitions  of  the  following  persons  for  Warrants  for  Land 
George  Cressets  100  New  Hanover,  Richard  Ogden  300  Bladen,  Peter 
Ellet  300  Anson,  Abraham  Paul  200  D°,  Samuel  Baker  200  Bladen, 
Thomas  Norwood  100  Craven,  Robert  Fellows  300  Johnston,  James 
Green  100  Craven,  John  Edmondson,  300  D°,  Amos  Cutlirill  300  Cra- 
ven, William  Peters  200  D°.     Granted. 

Read  tiie  petitions  for  the  following  Persons  for  Grants  for  Patents 
George  Kernegee  100  New  Hanover,  Francis  Hodges  200  Craven, 
John  White  100  Bladen,  Martin  Trantham  400  D°,  Jonathan  Sanderson 
110  Craven,  Benjamin  Foreman  147  Bladen,  Hugh  Brown  100  D°, 
Nicholas  Smith  200  D°,  Josiah  Shaddock  100  D°,  John  Philips  150  D°, 
Joseph  Motte  50  New  Hanover,  Elizabeth  Hill  150  Onslow,  John 
Matehitt  150  New  Hanover,  John  Pain  200  Craven,  Daniel  Quillen 
100  D°,  William  Mackintosh  200  Johnston.     Granted 

His  Excellency  the  Governour  having  received  an  Answer  from  the 
General  Assembly  to  his  Excellency's  Message  of  the  IP'  instant  touch- 
ing the  Palatines,  the  same  was  Ordered  to  be  read ;  which  was  accord- 
ingly being  as  follows  Viz' 

May  it  please  your  Excellency 

We  received  your  Excellency's  Message  of  this  day  recommending  to 
us  to  make  such  speedy  Provisions  for  the  defraying   the  Expence  of 


COLONIAL  RECORDS.  969 


laying  out  the  Lands  for  the  Palatines  in  his  Majestys  Royal  Instruction 
to  your  Excellency  mentioned  which  you  were  pleased  at  the  same  time 
to  lay  before  us.  As  it  is  an  Affair  that  will  require  some  time  for  con- 
sideration and  the  members  of  this  EFouse  having  been  long  from  their 
Homes  and  hope  your  Excellency  will  keep  them  no  longer  together  than 
while  they  can  go  through  with  the  Laws  now  under  their  consideration 
for  the  Expediting  the  Printing  the  Body  of  the  Laws  of  this  Province 
a  work  of  great  consequence  to  the  publick.  We  must  thei'efore  beg 
leave  to  postpone  the  consideration  of  the  said  Instruction  and  your 
Excellency's  Message  thereon  till  the  next  session  of  Assembly. 

SAM'  SWANN  Speaker 
Dated  12"'  October  1749 


At  a  Council  held  at  New  Bern  16*  October  1749 

Present  His- Excellency  the  Governour 

{Eleazer  Allen     James  Murray  )  p- ,  rs  \r      1 
Math  Rowan       \Yill  Forbes  "    V  ^"^J  Qo\^,"|.if'''' 
Roger  Moore      James  Hasel     j 
Read  Sundry  Petitions  for  Patents  for  Land  Viz' 
Joshua   Herring   280  Johnston,   Thomas   Pugh  300  New  Hanover, 
John  Howard  640  Onslow,  John  Kinsey  100  D°.     Granted 

Read  the  Petition  of  Robert  Payton  for  a  Warrant  Beginning  at  Bar- 
resses  East  Corner  on  a  Creek  called  Barresses'  Creek  for  six  luindred 
and  forty  Acres  of  Land  in  Beaufort  County  Mr.  Sprigg  appeared  in 
behalf  of  the  Executors  of  Benjamin  Payton  Deceased  and  opposed  the 
said  Petition  setting  forth  tiiat  Robert  Payton  Father  of  the  said  Benja- 
min in  his  life  Time  Warranted  and  Surveyed  the  said  Land,  And  that 
the  said  Benjamin  Payton  by  his  last  Will  and  Testament  had  bequeathed 
the  same  to  his  Daughter  Sarah  Payton  that  for  these  Reasons  and  in 
Regard  the  Executors  Entry  being  prior  to  the  Petitioner  Payton's  he 
humbly  prayed  they  might  have  the  preference  of  a  Warrant  that  so 
upon  the  same  being  Surveyed  and  returned  they  may  be  at  Liberty  to 
apply  in  a  proper  Manner  for  a  Patent,  and  enabled  to  fulfill  the  Inten- 
tion of  the  Testator.  Then  Mr.  Swaun  Council  for  Robert  Payton  pro- 
duced to  the  Board  Several  Depositions  which  were  read  purporting  the 
said  Robert's  purchase  of  the  Land  in  dispute  not  only  of  liis  Father 
in  his  Life  time,  but  also  of  the  Brother  Benjamin  before  he  died  and 
the  payment  of  the  Consideration  Money  to  both  whom  for  the  same  as 
well  as  an  Instrument  of  Writing  from  under  the  Hand  of  the  latter 
obliging  himself  to  take  out  a  patent  for  the  said  Land  in  the  Pe- 
titioners own  Name  but  that  the  same  was  lost.  And  further  setting 


970  COLONIAL  RECORDS. 


forth  that  the  Petitioner  had  been  for  a  h>ng  Time  in  possession  of  and 
had  improved  the  same  and  thereupon  he  moved  that  a  Warrant  might 
be  granted  to  the  said  Robert  Payton  for  the  Premises.  The  Argu- 
ments offered  on  both  sides  being  fully  heard  and  considered  It  is  Or- 
dered that  the  Petitioner  Payton  have  a  Warrant  for  the  said  six  hun- 
dred and  forty  acres  of  Land  as  prayed  for. 

Read  tiie  Petition  of  Thomas  Bell  setting  forth  tiiat  he  is  in  posses- 
sion of  a  Tract  of  One  hundred  and  Ten  Acres  of  Land  granted  by  the 
Late  Lords  proprietors  to  Farnifold  Green  scituate  in  Carteret  County 
Beginning  at  a  small  live  Oak  in  an  Indian  Old  Field  running  N°  58 
W'  160  pole  down  the  straight  to  a  small  Creek  that  divides  the  said 
Green  and  William  Williamson  and  the  Bounds  whereof  not  being  to 
be  found  the  Petitioner  humbly  prays  Resurvey  in  order  to  ascertain  the 
same.  Granted  and  Ordered  that  the  Surveyor  General  do  resurvey  the 
said  Land  accordingly  and  make  report  of  his  doings  therein  to  this 
Board  at  their  next  sitting 

His  Excellency  the  Governour  was  pleased  by  and  with  the  advice 
and  assent  of  his  Majesty's  Council  to  order  that  a  Commission  of  the 
Peace  and  Dedimus  issue  constituting  and  Appointing  Henry  Heylyn 
Elias  Lagardere,  John  Carruthers,  John  Williams,  Daniel  Shine,  Evan 
Jones,  Joseph  Balch,  John  Clitheral,  Southey  Rew,  Lewis  Bryan,  Joseph 
Bryan,  Samuel  Hatch,  Lewis  Bryan  Junior,  James  Green,  Wheebright 
Pearson,  Abner  Neal,  John  Carrutliers  Junior  Esq"  Justices  of  the 
Peace  [for]  and  within  tiie  County  of  Craven. 

At  a  Council  lield  at  New  Bern  18'"  October  174!) 

Present  His  Excellency  the  Governour 

{Eleazer  Allen     James  Murray  ~)  tt,    ,.  at      , 
Math  Rowan  and  i  ^^|  ^0^0^' 

Roger  Moor       James  Hasel     j 
Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
John  Fonvielle  288  Craven,  D°  150  D",  Aaron  Smith   200  Johnston, 
William  Cole  78  D",   Henry  Bishop   100  Onslow,  Daniel   Simons  195 
Craven     Granted 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Peter  Griffith,  Samuel  Gent,  Abraham   Boyd   &  James  Green  1000 
Anson,  Margaret  Green  50  Bladen,  Peter  Griffith   100  Anson,  William 
Grain  200  Bladen,  John  Rice  400  Craven,  Robert  Taylor  100  D°,  John 
Williams  1 50  D°     Granted 

Read  the  petition  of  Nathan  Smith  for  an  alteration  of  the  Courses  in 
his  patent  which  is  postponed  till  the  next  Council 


COLONIAL  RECORDS.  971 


Read  the  petition  of  Thomas  Norwood  for  a  Grant  for  Two  hundred 
Acres  of  Land  in  Craven  County  Mr.  Lovett  appeared  in  beiialf  of 
the  Heirs  of  William  Lister  deceased  and  proved  that  the  said  Petition 
might  be  delayed  setting  forth  that  the  Land  therein  mentioned  interfered 
with  Land  belonging  to  the  said  Heirs  Ordered  that  the  same  be  post- 
poned till  the  next  Council 

His  Excellency  the  Governoiir  was  pleased  to  observe  to  the  Board 
that  many  Complaints  had  been  made  before  him  in  Council  and  Affida- 
vits made  that  several  wicked  and  evil  disposed  Persons  in  Anson  County 
had  by  divers  suggestions  and  Artifices  endeavoured  to  disturb  the  peace 
and  quiet  of  his  Majesty's  Subjects  legally  settled  and  intending  to  settle 
in  that  County  particularly  that  one  John  Ellis  has  had  the  boldness  and 
Insolence  to  declare  that  the  present  Settlers  in  that  County  had  no  right 
to  the  Lands  by  them  possessed  and  that  even  his  Majesty  had  no  right 
to  those  Lands.  Which  declaration  was  made  to  and  in  the  presence  of 
the  Catawba  Indians  to  the  apparent  disturbance  of  the  said  settlement 
of  Anson  County  and  tending  to  breed  and  foment  a  misunderstanding 
between  his  Majesty's  said  subjects  and  the  said  Catawba  Indians.  Which 
being  duly  considered.  His  Excellency  thereupon  with  the  advice  and 
consent  of  his  Majesty's  Council  doth  hereby  require  and  command  all 
Justices  of  the  Peace,  Sheriffs,  Constables  and  other  Officers  and  all  his 
Majesty's  Leige  Subjects  in  the  said  County  to  apprehend  be  aiding  and 
assisting  to  aprehend  all  and  all  manner  of  Persons  who  shall  in  any 
ways  by  false  suggestions  and  Insinuations  as  aforesaid  by  any  means 
whatsoever  endeavour  to  raise  jealousies  and  Fears  among  the  Inhabitants 
of  the  said  County  or  by  any  means  to  disturb  the  peace  between  the 
said  Catawba  Indians  and  the  Inhabitants  of  the  said  County  to  arrest 
such  persons  and  send  them  down  to  the  Goal  at  Wilmington  to  be  pro- 
ceeded against  as  the  laws  in  that  case  have  provided  And  ordered  that 
a  warrant  do  accordingly  issue  for  that  purpose 

By  order  JOHN  RICE,  C.  C. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  No.  26.] 

LEGISLATIVE  JOURNALS. 

North  Carolina 

At  an  Assembly  Begun  and  Held  at  Newbern  on  Tuesday  the  Twenty 
Eighth  day  of  March  in  the  year  of  our  Lord  One  Thousand   Seven 


972  COLONIAL  RECORDS. 


Hundred  and  Forty  nine,  and  in  the  Twenty  Third  Year  of  his  present 
Majesties  Reign  and  continued  by  Prorogation  untill  Thursday  the 
Thirteenth  [thirtieth]  day  of  this  Instant,  being  the  sixth  Session  of 
Assembly 

Present 

(  Eleazar  Allen        Roger  Moore      ~|  Esq"  Members 
The  Honourable  <  Mathew  Rowan    William  Forbes  >        of  His 

(  Edward  Moseley  J  Maj""'  Council 

Then  His  Excellency  came  to  the  House  and  commanded  the  imme- 
diate Attendance  of  the  Lower  House.  Whereupon  the  Speaker  attended 
by  the  Lower  House,  waited  upon  his  Excellency  in  the  Council  Cham- 
ber, when  his  Excellency  made  the  following  Speech  to  both  Houses  viz. 

Gentlemen  of  his  Majestie's  Council  Me.  Speaker  and  Gen- 
tlemen OF  THE  House  of  Representatives. 
Your  behaviour  during  the  last  two  Sessions  leave  me  no  Room  to 
doubt  that  you  are  now  assembled  with  the  best  Dispositions  to  promote 
his  Majestie's  service,  the  good  of  your  Country,  and  the  Peace,  Quiet 
and  Security  of  your  Fellow  Subjects. 

You  have  already  passed  many  excellent  Laws  intirely  calculated  for 
the  Benefit  of  the  whole  Province,  without  any  Views  to  party  or  per- 
sonal Interest,  Laws  which  even  in  the  Judgment  of  your  Enemies 
themselves  are  highly  proper,  just  and  necessary  in  the  present  circum- 
stances of  the  Country  and  against  which  they  can  only  form  one  Oijjec- 
tion,  that  they  themselves  did  not  think  fit  to  be  present  at  the  making 
of  them ;  Tho  if  they  had  I  am  afraid  such  Laws  had  never  been 
enacted,  at  least  with  that  Unanimity  and  not  without  a  much  greater 
struggle  than  they  were,  especially  these  two  most  excellent  Acts,  the 
one  for  revising  and  printing  the  Laws;  and  the  other,  for  granting  a 
Rent  Roll  to  the  King  and  the  Earl  of  Granville,  the  former  absolutely 
necessary  for  securing  the  lives  and  properties  of  a  faee  [free]  Born  Peo- 
ple against  the  Frauds  and  Tricks  of  Ignorant  and  insolent  Pretenders 
to  the  Law  and  the  latter  what  common  Justice  to  our  Landlords  abso- 
lutely required  and  demanded. 

And  yet  neither  of  these  points  tho  often  seriously  recommended  and 
earnestly  contended  for  could  ever  be  candid,  while  these  Gentlemen 
honoured  the  Assembly  with  their  presence. 

Go  on  therefore  Gentlemen  and  continue  in  the  same  good  cause  you 
have  begun,  nothing  adds  a  greater  Lustre  to  virtuous  and  Publick 
Sperited  Actions  than  a  steady  undaunted  Preserverence  Let  no  vain, 
clamourous  Boastings,  no  monstruou.s   Calumnies  and  Forgeries  indus- 


COLONIAL  KECORDS.  i»7:3 


triously  spread  among  ignorant  people,  no  petulant  and  noisy  Behaviour 
in  private  conversation  the  constant  attendance  of  a  bad  and  desperate 
cause  either  deter  or  dishearten  you. 

Yon  have  tiie  happiness  of  living  under  a  most  just  and  glorious 
Prince,  who  as  he  is  Tender  of  the  Rights  of  his  meanest  Subjects,  and 
the  most  distant,  so  he  will  never  sufter  his  Writs  to  be  affronted  or  his 
Prorogations  disobeied  far  less  will  he  suffer  his  Subjects  in  this  Prov- 
ince to  be  robbed  of  their  Priviledge  of  Englishmen  of  the  Benefit  of 
Assemblies,  and  the  British  Constitution  at  the  caprice  or  Humours  of 
five  or  six  Counties. 

This  Gentlemen  is  the  true  and  just  state  of  the  dispute  whicii  is  at 
present  cairied  on  with  so  much  heat  by  these  persons  who  want  to 
engross  the  whole  Legislative  power  to  themselves,  and  I  dont  at  ail 
doubt,  but  it  will  be  soon  decided  entirely  to  your  Satisfaction. 

March  SO*  1749.  '  G.  JOHNSTON. 

Then  His  Excellency  withdrew  from  the  House,  And  the  Board  were 
jjleased  to  take  under  their  consideration  his  Excellency's  Speech,  and 
Ordered  the  same  to  be  read  which  accordingly  was,  and  the  Honourable 
Eleazar  Allen  and  Edward  Moseley  Esq"  two  of  the  Members  of  this 
Board  were  appointed  a  Committee  to  answer  the  same. 

Then  the  House  adjourned   until  To-morrow  morning  9  o'  the  clock. 

Friday  Marcli  the  31"     The  House  met  according  to  adjournment. 
Present. 
(  Flleazar  Allen       Roger  Moore      "| 
Tiic  Honourable-'  Mathew  Rowan    William  Forbes  >   Esq"  Members. 
(  Edward  Moseley  j 

Mr.  Allen  one  of  the  Committee  appointed  to  answer  his  Excellencys 
Speech,  reported  the  same  which  was  read  and  approved  of.  And  Ordered 
to  be  engrossed  which  accordingly  was. 

Then  the  House  adjourned  until  Three  o'  the  clocl^  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present. 
(  Eleazar  Allen       Roger  Moore      ^ 
The  Honourable <  Mathew  Rowan    William  Forbes  >  Esq"  Members. 
(  Edward  Moseley.  j 

Then  his  Excellency  came  to  the  House  and  immediately  the  Board 
presented  him  with  their  address  in  the  following  words.  , 


974  COLONIAL  RECORDS. 


North  Carolina. 
To  his  Excellency  &c: 

The  humble  address  of  his  Majesty's  Council   now  met  in   General 
Assembly. 
May  &c 

His  Majestie's  f'aithfull  subjects,  the  Members  ot'  Council  now  met  in 
General  Assembly  beg  leave  to  wait  on  your  Excellency  with  our  sincere 
and  hearty  thanks  for  your  Speech  to  both  Houses  of  Assembly  at  the 
opening  of  this  Session. 

It  is  Sir  with  the  greatest  pleasure  and  satisfaction  wc  are  now  able  to 
reflect  that  after  a  series  of  years  spent  in  faithless  endeavours  for  the 
Publick  Utility,  we  have  at  last  under  your  Excellency's  mild  and  pru- 
dent conduct  and  happy  unanimity  of  both  Houses,  in  some  measure 
effected  what  [we]  so  long  and  ardently  desired  by  passing  such  I^aws  for 
your  Excellency's  assent  as  were  calculated  for  the  Good  of  the  whole 
Province,  and  which  had  long  been  the  object  of  your  Excellency's 
Wishes  as  well  as  our  own. 

We  are  too  sensible  this  happy  unanimity  had  never  subsisted,  and 
consequently  so  many  beneficial  Laws  had  never  been  passed,  had  that  de- 
structive Inequality  [in]  the  Members  of  the  Houses  of  Burgesses  claimed 
by  some  of  the  Counties  (notwithstanding  the  repeal  of  the  Biennial 
Law  by  his  Majesty)  which  heretofore  puzzled  and  perplexed  our  Coun- 
cils and  at  last  rendered  them  ineffectual,  subsisted  also,  and  altlio  the 
measures  taken  to  remove  that  Objection  has  occasioned  complaints  to  his 
most  sacred  Majesty  against  your  Excellency,  tii5  in  language  unbecom- 
ing his  royal  ear,  yet  we  have  not  the  least  doubt  from  his  Majesties 
known  wisdom  and  justice,  that  your  Excellency's  proceedings  upon  a 
fair  and  impartial  Hearing  will  be  vindicated  and  approved  of  notwith- 
standing the  Clamours,  Calumnies  and  boastings,  of  tlie  party  in  order  to 
ca])tivate  the  ignorant,  insolently  proclaim  a  Trium])!)  before  a  Victory. 

We  beg  leave  to  assure  your  Excellency  that  nothing  of  this  kind 
shall  in  the  least  influence  our  conduct  or  induce  us  to  deviate  from  the 
Duty  we  owe  his  Majesty  and  the  regard  we  have  and  shall  always  shew 
to  the  Welfare  of  the  whole  province  as  well  knowing  that  nothing  can 
more  efl'ectually  recommend  us  to  the  favour  of  our  Royal  Master  and 
your  Excellency's  more  immediate  care  attention  and  Protection. 

Then  his  Excellency  withdrew  and  the  House  adjourned  untill  to- 
morrow morninsj  f)  o'  the  clock. 


COLONIAL  RECORDS.  975 


Saturday  the  1"  of  April.     The  Hoii.se  met  accortling  to  adjoiiriinit'iit. 

Present 

(  Natli'  Rice  Edward  Moseley  ~\ 

The  Honuiiral)le<  Eleazar  Allen      Rou;er  Moore         V  Esq"  Members.    • 

(Matlicw  Rowan   William  Forbes  J 

And  ailjounied  nntill  Monday  morning  Nine  of  the  clock. 

Monday  April  '-V^     The  House  met  according  to  adjournment. 
Present. 
(  Nath  Rice  Edward  Moseley  ') 

The  Honourable^  Eleazar  Allen         Roger  Moore         >  Esq"  Members. 
(Mathew  Rowan     William  Forl)es  J 
Mr.  John  Swann  Brought  nj)  the  following  Message  from  the  I^ower 
House  viz. 

(tEntlemkx  of  his  Ma.iestie's  Council 

We  have  appointed  Mr.  John  Swann,  Mr.  Tho:  Lovick,  i\Ir.  Joini 
Dawson,  Mr.  John  Starkey  and  Mr.  John  Haywood  Committee  of  this 
House  on  Publick  Claims  to  join  those  of  your  House  as  you  shall  think 
fit  to  appoint. 

And  we  have  likewise  appointed  the  following  persons  a  Committee  to 
examine,  settle  and  adjust  the  publick  accounts  with  the  Treasurers  of 
the  Southern  and  Northern  Districts  of  this  Province  in  conjunction  with 
those  Members  of  your  House  as  you  shall  think  fit  to  appoint,  viz.  Mr. 
John  Swann,  Mr.  John  Starkey  and  Mr.  John  Dawson. 

Dated  the  3'*  April  1749. 

Then  the  House  adjourned  untill  three  of  the  Clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present. 
(  Nath  :  Rice.  Edward  Moseley.  ^ 

The  Honourable-'  Eleazar  Allen.  Roger  Moore.  v Esq"  Members. 
(  Mathew  Rowan.  William  Forbes,  j 
The  House  took  under  their  consideration  the  Message  of  this  Morn- 
ing from  the  Lower  Hou.se  regarding  the  appointment  of  the  several 
Committees  and  were  pleased  to  direct  that  the  Honourable  Mathew 
Rowan,  Col :  Forbes  be  appointed  to  join  the  Committee  of  the  Lower 
House  upon  the  Claims  and  the  Honourable  Eleazar  Allen  and  Roger 
Mooi»e  Esq"  upon  the  Accounts  to  join  those  of  the  Lower  Hou.se.  And 
ordered  that  a  message  be  sent  to  the  I^ower  House  to  that  jiurpose. 

Mr.  Sampson  Brtiught  up  from  the  Lower  House  the  following  Bills 
viz.     A  bill  for  an  Act  to  put  in  force  in  this  Province  the  several  Stat- 


976  COLONIAL  RECORDS. 


utes  of  the  Kingdom  of  England  or  South  Britain  therein  particularly 
mentioned.  A  Bill  for  an  Act  for  erecting  the  upper  part  of  New  Han- 
over County  into  a  County  and  Parish  for  appointing  a  place  for  building 
a  Court  House,  Prison  and  Stocks  in  the  said  County.  In  the  General 
Assembly  read  the  first  time  and  past. 

Mr.  Carruthers  Brought  up  a  Bill  for  an  Additional  Act,  intituled  an 
Act  for  the  better  regulating  the  Town  of  New  Bern  for  fencing  the  same 
and  securing  the  Titles  of  the  several  persons  who  hold  Lots  in  the  said 
Town.     In  the  General  Assembly  read  the  first  time  and  past. 

Then  the  House  adjourned  until  To-morrow  morning  [)  o'  the  Clock. 

Tuesday  the  4""  April.     The  House  met  according  to  adjournment. 

Present. 

r  Nath  :  Rice.  Edward  Moseley.  ) 

The  Honourable  <  Eleazar  Allen.       Roger  Moore.         VEsq"  Members. 

(  Mathew  Rowan.    William  Forbes,   j 

And  adjourned  until!  Wednesday  Morning  Ten  o'  the  clock. 

Wednesday  5""  April.     The  House  met  according  to  adjournment. 

Present. 

(  Nath  :  Rice.  Edward  Moseley.  ] 

The  Honourable <  Eleazar  Allen.       Roger  Moore.         vEsq"  Members. 

(  Mathew  Rowan.    William  Forbes,    j 

And  adjourned  untill  To-morrow  morning  Ten  o'  the  clock. 

Thursday  the  6*  of  April.     The  House  met  according  to  adjuurmucnt. 

Present. 

(  Nath  :  Rice.  Edward  Moseley.  ~j 

The  Honourable  <  Eleazar  Allen.       Roger  Moore.         vEsq"  Members. 

(  Mathew  Rowan.    William  Forbes,    j 

And  adjourned  until  Three  o'clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present. 
C  Nath  :  Rice.  Edward  Moseley.  ^ 

The  Honourable  <;  Eleazar  Allen.  Roger  Moore.  ^  Esq"  Members. 
(  Mathew  Rowan.  William  Forbes,  j 
The  Honourable  Eleazar  Allen  Esq"  a  Member  of  this  Board  pro- 
duced to  the  House  a  Bill  for  an  Additional  Act  Intituled  an  Act  for 
forming  a  Rent-Roll  of  all  the  Lands  holden  in  this  Province  for  quiet- 
ing the  Inhabitants  in  their  Possessions  and  for  directing  the  payment  of 
Quit-Rents.     Read  the  first  time  and  passed. 

Mr.  Starkey  and  Mr.  Sampson  Brought  up  the  second  Bills,  viz:  A 
Bill  for  an  Act  for  encouragement  of  James  Davis  to  set  up  and  eai-ry  on 


COLONIAL  RECORDS.  977 


liis  Business  of  a  Printer  in  tiiis  Province  and  for  other  purposes  therein 
mentioned.  In  the  General  Assembly  read  the  first  time  and  jjast.  In 
this  H(3use  read  and  past. 

A  Bill  for  an  act  directing  the  Method  for  cutting  or  docketing  In- 
tails  of  small  estates. 

A  Bill  foi'  an  act  for  founding,  erecting,  governing,  ordering  and  vis- 
iting a  Free  school  at  for  the  Inhabitants  of  this  Province. 

A  Bill  for  an  act  for  the  relief  of  the  Poor  and  to  prevent  Idleness. 

A  Bill  for  an  act  to  enable  the  Justices  of  the  several  Counties  to  pro- 
vide certain  Books  for  the  use  of  their  County  Courts. 

A  Bill  for  an  act  appointing  Packers  and  to  prevent  Frauds  in  divers 
Commodities  exported  out  of  this  Province. 

A  Bill  for  an  act  for  the  Relief  of  poor  Debtors.  In  the  General 
Assembly  read  the  first  time  and  past. 

Then  the  House  adjourned  until!  To-morrow  morning  9  o'  tiie  clock. 

Friday  April  the  T"'     The  House  met  according  to  adjournment. 
Present. 
Nath  :  Rice.  Edward  Moseley.  ] 


The  Honoural)le<  Eleazar  Allen.        Roger  Moore.         V Esq"  Members 
Mathew  Rowan.     William  Forbes.  J 
And  adjourned  untill  three  of  the  Clock  in  the  afternoon. 

Post  Merid"  Present. 

{Eleazar  Allen.        Roger  Moore.        | 
Mathew  Rowan.    William  Forbes.  V  Esq"  Members. 
Edward  Moseley.  j 

Mr.  Swann  and  Mr.  Dawson  Brought  up  a  Bill  for  an  act  for  dividing 
Bladen  County  and  for  erecting  the  Western  Part  thereof  into  a  .sepe- 
rate  County  and  Parish  by  the  name  of  Anson  County  and   Dobb's 
Parish.     In  the  General  Assembly  read  the  first  time  and  past. 
Also  the  following  Message  viz: 

Gent:  &c: 

This  House  have  appointed  Mr.  John  Swann,  Mr.  Francis  Stringer, 
Mr.  Jos:  Clark,  Mr.'  John  Dawson,  Mr.  John  Smith,  Mr.  John  Starkey, 
Mr.  Joseph  Bell,  Mr.  Joseph  Howell,  Mr.  William  Eaten,  Mr.  Rufus 
Marsden  and  Mr.  John  Carruthers  a  Committee  to  examine  and  com- 
pare the  Laws  revised  by  the  Commissioners  appointed  for  that  purpose, 
with  the  Originals  in  Conjunction  with  those  Members  of  your  House 
as  your  Honours  shall  think  pro]»er  to  appoint  and  report  the  same  to 
this  House. 

Then  the  House  adjourned  luitill  To-morrow  morning  9  o'  the  Clock. 


978  COLONIAL  RECORDS. 


Saturday  April  8""     The  House  met  according  to  adjournment 
Present. 

{Eleazar  Allen.         Roger  Moore.       l 
Matliew  Rowan.     William  Forbes.  V  Esq"  Members. 
Edward  Moseley.  j 

Mr.  Dawson  and  Mr.  Sampson  Brought  up  the  following  Bills  viz. 

The  Bill  for  an  act  for  an  additional  act  for  forming  a  Rent  Roll  &c: 

The  Bill  for  an  act  for  the  encouragement  of  Jauies  Davis  to  set  up 
and  carry  on  printing  &c:  In  the  General  Assembly  read  the  second 
time  and  passed  with  Amendments. 

The  House  on  reading  the  Message  yesterday,  took  the  same  under 
their  consideration  and  appointed  the  Honourable  Nath  :  Rice  and  Ed- 
ward Moseley  Esq"  two  of  the  Members  of  this  Board  a  C-ommittee  of 
this  House  to  join  those  of  the  Lower  House.  And  ordered  that  a  mes- 
sage be  sent  down  to  that  purpose.  Which  accordingly  was. 

The  Bill  for  an  act  for  the  encouragement  of  James  Davis.  Read  the 
second  time  and  passed  with  Amendments. 

The  Bill  for  an  act  for  cutting  and  docking  ICntails  &c  In  this 
House  read  the  first  time  and  past. 

The  Bill  for  an  act  for  relief  of  the  poor,  read  tlie  first  time  and  past. 

The  Bill  for  an  act  for  erecting  the  Western  part  of  Bladen  County 
into  a  County  and  dividing  the  same.  In  this  House  read  the  first  time 
and  past. 

The  Bill  for  an  act  for  erecting  the  upper  part  of  New  Hanover 
County  into  a  County  Parish  &c:  In  this  House  read  and  past. 

The  Bill  for  an  act  for  putting  in  force  the  several  Statutes  of  Great 
Britain  in  this  Province.  Read  the  first  time  and  past. 

A  Bill  for  an  act  for  releif  of  poor  Debtors.  Read  the  first  time  and 
past. 

The  Bill  for  an  act  for  aj)pointing  Packers.  Read  the  first  time  and 
past. 

The  Bill  for  an  act  to  enable  the  Justices  of  the  several  Counties  to 
provide  Books  for  the  use  of  their  Counties.  Read  the  first  time  and  past. 

Then  the  House  adjourned  until  Three  of  the  clock  in  the  afternoon. 

Post  Mcrid"     The  House  met  according  to  adjournment. 
Present. 
( Eleazar  Allen.       Roger  Moore       ^ 
The  Honourable  <  Mathew  Rowan.    William  Forbes.  VEsq"  Members. 
(  Edward  Moseley.  I 

Mr.  Starkey  and  Mr.  Sampson  Brought  up  the  following  Bills,  viz. 
The  Bill  for  an  act  for  docking  Intails  &c: 


COLONIAL  RECORDS.  979 


Tlie  Bill  for  an  act  for  dividing  Bladen  County  and  erecting  into  a 
County  by  the  name  of  Anson  County  and  Dobb's  Parish.  &e: 

The  Bill  for  an  act  for  the  reloif  of  the  Poor  &c : 

The  Bill  for  an  act  for  erecting  the  upper  part  of  New  Hanover 
County  into  a  County  and  Parish  &c : 

The  above  Bills  read  in  the  Lower  House  the  second  time  and  past 
with  Amen(hiients. 

The  Bill  for  an  Act  for  better  regulating  the  Town  of  Newbern  Read 
the  first  time  and  past. 

The  Bill  for  an  act  for  foiuiding  a  P^ree  school  &c:  Read  the  first  time 
and  past. 

The  Bill  for  an  act  for  forming  a  Rent-Roil  to  his  Majesty  and  Earl 
Granville  &c:  Read  the  .second  time  and  past  with  Amendments. 

Mr.  Haywood  and  Mr.  Mackilwaen  Brought  up  the  Bill  for  an  act 
for  putting  in  force  the  several  Statutes  of  Great  Britain  therein  men- 
tioned &c:  In  the  General  Assembly  read  the  second  time  and  past  with 
Amendments. 

Then  the  House  adjourned  nntill  9  o'  the  clock  Monday  morning. 

Monday  April  10"'  1749.     The  House  met  according  to  adjournment. 

Present. 

(  Nath  :  Rice  Edward  Moseley.  ^ 

The  Honourable.  <  Eleazar  Allen      Roger  Moore  V  Esq'^  Meraber.s. 

(  Mathew  Rowan   AVilliam  Forbes    j 

Mr.  Haywood  and  Mr.  M°Wean  Brought  up  the  following  Bills,  viz: 

The  Bill  for  an  Act  to  enable  the  Justices  of  the  several  Counties  to 
buv  Books  &c  :  In  the  General  Assembly  read  the  second  time  and  past 
with  Amendments. 

The  Bill  for  an  act  for  the  Releif  of  ^oor  Debtors.  <tc :  In  the  Gen- 
eral Assembly  read  the  second  time  and  past. 

The  Bill  for  an  act  for  directing  the  Method  of  cutting  and  docking 
Intails  &c :     Read  the  second  time  and  past  with  Amendments. 

The  Bill  for  an  act  for  releif  of  poor  Debtors.  Read  the  second  time 
and  past. 

The  Bill  for  an  act  for  erecting  the  upper  part  of  New  Hanover 
County  into  a  County  and  parish  by  the  name  of  Donegal  and  S' 
Colomb. 

The  Bill  for  an  Act  for  dividing  Bladen  County  and  for  erecting  the 
Western  part  tliereof  into  a  County  and  Parish  by  the  name  of  Anson 
County  and  S'  Georges  Parish.  Read  the  said  Bills  the  second  time  and 
passed  with  Amendments. 

Then  the  House  adjourned  untill  Three  of  the  clock  in  the  afternoon. 


980  COLONIAL  RECORDS. 


Post  Merid"     The  House  met  according  to  adjournment. 

Present. 

(  Nath  Rice  Edward  Moseley  ~| 

The  Honourable <  Eleazar  Allen         Roger  Moore         >  Esq"  Members. 

(  Mathew  Rowan     William  Forbes  j 

Mr.  Haywood,  Mr.  Eaton  Brought  up  the  Bill  for  an  act  for  encour- 
agement of  James  Davis  to  set  up  and  carry  on  the  business  of  a 
Printer,  &c:     In  the  General  Assembly  read  the  third  time  and  past. 

Mr.  Starkey  and  Mr.  Marsden  Brougiit  up  the  Bill  for  an  act  for 
founding  a  free  school  &c :  In  the  General  Assembly  read  the  second  time 
and  past  with  Amendments. 

Also  the  Bill  for  an  act  for  forming  a  rent  Roll  &c:  In  the  General 
Assembly  read  the  second  time  and  past  with  Amendments. 

The  Bill  for  an  additional  Act  for  forming  a  Rent-Roll  &c.  Read  the 
third  time  and  past  with  Amendments. 

The  Bill  for  an  Act  for  encouragement  of  James  Davis  to  set  up  & 
carry  on  the  Business  of  a  Printer.  In  tiiis  House  read  the  third  time 
and  past.     Ordered  the  same  be  sent  down  and  engrossed. 

Mr.  M'Kilwean  and  Mr.  Carruthers  Brought  up  the  following  Bills. 
Viz'  The  Bill  for  an  act  for  appointing  Packers  &c:  The  Bill  for  an  act 
for  the  better  regulating  the  Town  of  New  Bern  &c:  In  the  General 
Assembly  read  said  Acts  the  second  time  and  past  with  Amendments. 

Then  the  House  adjourned  till  To-morrow  morning  9  of  the  clock. 

Tuesday  April  11""     The  House  met  according  to  adjournment. 

Present. 

(  Nath  :  Rice.  Edward  Moseley.  ^ 

The  Honourable <  Eleazar  Allen.      Roger  Moore.         V  Esq"  Members. 

(  Mathew  Rowan.    William  Forbes,  j 

Mr.  Sampson  and  Mr.  Swann  Brought  up  a  Bill  for  an  act  for  form- 
ing a  Rent-Roil  &c:  Read  in  tlie  General  Assembly  the  third  time  and 
past.  Ordered  the  same  be  engrossed.  Also  the  Bill  for  an  Act  for 
erecting  the  upper  part  of  New  Hanover  County  into  a  County  and 
Parish  by  the  name  of  Donegal  and  Colomb  Parish.  The  Bill  for  an  Act 
for  cutting  and  docking  Intails  &c:  The  Bill  for  an  Act  for  relief  of  the 
poor  &c:     In  the  General  Assembly  read  the  third  time  and  passed. 

The  Bill  for  an  Act  for  relief  of  the  Poor  &c:  Read  the  third  time 
and  past.     Ordered  the  same  be  sent  down  and  engrossed. 

The  Bill  for  an  Act  for  directing  the  method  of  docking  Intails  &e: 
Read  the  third  time  and  passed.  Ordered  the  same  be  sent  down  and 
engrossed. 

Then  the  House  adjourned  untill  Three  of  the  clock  in  the  afternoon. 


COLONIAL  RECORDS.  981 


Post  Merid"     Tlic  House  met  according  to  adjournment. 

Present. 

(  Nath  :  Rice.  Edward  Moseley.  ] 

The  Honourable  <  Eleazar  Allen.       Roger  Moore.         V  Esq"  Members. 

(  Mathew  Rowan.    William  Forbes,   j 

Then  the  House  adjourned  untill  To-morrow  morning  9  o'  the  clock. 

Wednesday  12""  April.     The  House  met  according  to  adjournment. 

Present. 

f  Nath :  Rice.  Edward  Moseley.  "l 

The  Honourable  <  Eleazar  Allen.       Roger  Moore.         >  Esq"  Members. 

(  Mathew  Rowan.    William  Forbes,   j 

And  adjourned  untill  Thi'ee  o'clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present. 

iNath  :  Rice.  Edward  Moseley.  ] 

Eleazar  Allen.       Roger  Moore.         >  Esq"  Mem  bens. 
Mathew  Rowan.    William  Forbes.   J 
Mr.  Rowan  one  of  the  Members  of  this  Board  appointed  to  join  the 
Committee  of  the  Lower  House  upon  the  Claims  reported  the  same. 
Thou  the  House  adjourned  untill  To-morrow  morning  9  of  the  clock. 

Thursday.  13""  April.     The  House  met  according  to  adjournment. 
Present. 
r  Nath  :'  Rice.  Edward  Moseley.  ] 

The  Honourable  <  Eleazar  Allen.       Roger  Moore.         VEsq"  Members. 
("Mathew  Rowan.    William  Forbes,    j 
Then  the  House  took  under  their  Consideration  the  report  of  the  Com- 
mittee of  Claims  and  after  examining  the  same  sent  it  down  to  the  Lower 
House  concurred  with. 

Then  the  House  adjourned  untill  Three  of  the  Clock  in  the  afternoon. 

Post  Merid"     The  House  met  according  to  adjournment. 
Present 
(  Nath  :  Rice.  Edward  Moseley.  ^ 

The  Honourable <  Eleazar  Allen.       Roger  Moore.         VEsq"  Members. 
(  Mathew  Rowan.    William  Forbes,   j 
The  Report  of  the  Committee  of  Claims  sent  down,  concurred  with. 
Mr.  Allen  one  of  the  Members  of  this  Board  upon  the  Committee  of 
Accounts  reported  the  same  to  this  House  which  was  concurred  with. 

Mr.  Starkey  and  Mr.  Haywood  Brought  up  the  following  message, 
viz.  with  the  following  Resolves?,  viz : 


982  COLONIAL  RECORDS. 


Gentlemen  of  his  Majesties  Honourable  Council 

We  herewith  send  you  the  Resolve  of  this  House  in  regartl  to  tlie  pay- 
ment of  the  Arrears  due  from  the  Pubiick  to  tiie  Honourable  Enoch 
Hall  Esq"  his  Majesties  Chief  Justice,  for  riding  the  several  Circuits  in 
thii?  Province  which  by  Law  he  is  obliged  to  do,  and  desire  your  Honours 
concurrence. 

In  the  General  Assembly  April  12"'  1749. 

Upon  Enoch  Hall  Esq"  Chief  Justice  of  this  Province  having  repre- 
sented to  this  House  that  he  hath  been  at  great  expence  in  riding  the 
Circuits  and  tliat  by  the  neglect  of  the  Sheriffs  in  this  Province  collect- 
ing the  Tax  laid  for  raising  the  money  to  pay  the  Sallary  by  Law 
appcjinted  for  tliat  service  whereby  the  Pubiick  is  now  in  arrear  to  him 
the  Sum  of  two  hundred  and  twenty  two  pounds,  six  shillings  and  eight 
pence  Proclamation  Therefore  he  hmpbly  hopes  that  the  House  Mall  take 
the  same  into  Consideration,  and  direct  that  the  said  Arrear  be  paid  him 
by  the  Pubiick,  ■whereby  he  may  be  the  better  enabled  to  perform  the 
duty  which  he  is  obliged  by  Law  in  riding  the  said  Circuits. 

Resolved  by  this  House  that  the  said  arrear  be  paid  to  the  Honourable 
Enoch  Hall  Esquire  by  the  Commissioners  for  stamping  and  emitting  the 
sum  of  £21350  Pubiick  Bills  of  Credit  of  this  Province  at  the  rate  of 
Proclamation  Money  &c:  out  of  the  Pubiick  Chest  and  that  as  the  money 
arises  by  the  said  Tax  shall  be  received  and  accounted  for  (as  the  Law 
directs)  by  the  Sheriffs  of  the  several  Counties  the  same  shall  be  applied' 
to  the  reimburseing  the  Pubiick. 

In  the  General  Assembly  13""  April  1749. 

The  Accounts  of  Edward  Moseley  Esq"  and  Thomas  Barker  Gentle- 
men, Treasurers  of  this  Province,  being  reported  to  this  House  by  the 
Committee  for  examining  and  stating  the  Public  Accounts 

Resolved.  That  the  sum  of  seven  hundred  and  twelve  pounds,  twelve 
shillings,  and  seven  pence  half  penny,  accounted  for,  and  paid  into  the 
said  Committee  on  the  sinking  fund,  and  also  the  sum  of  one  Thousand, 
Two  hundred,  and  sixty  one  pounds,  fifteen  shillings  and  IC  accounted 
for,  and  paid  into  the  said  Committee,  as  a  part  of  the  Loan  Money,  by 
Edward  Moseley  Esq"  be  burnt. 

And  that  as  the  said  Thomas  Barker  hath  not  satisfied  the  said  Com- 
mittee, what  part  of  the  money,  paid  in  by  liim,  was  received  and  paid 
in  upon  the  account  of  the  sinking  fund.  That  the  sum  of  £2296.12'.9'' 
old  money  by  him  paid  into  the  said  ("oHimittee  be  burned. 


COLONIAL  RECORDS.  983 


And  tliat  tlie  new,  or  Proclamation  Money,  by  him  paid  into  the  said 
Committee  be  lodged  in  the  pnblick  Ciiest  'till  the  said  Thomas  Barker 
shall  make  it  appear  to  this  House  on  what  account  and  on  what  Tax  the 
said  money  was  paid  into  him  by  the  several  Sheriffs.  That  the  same 
money  may  be  disposed  of  and  apply'd  accordingly. 

The  aforesaid  resolves,  after  being  read  and  approved  of,  were  sent 
down  to  the  Lower  House,  together  with  the  report  of  the  Committee  of 
accounts  concurred  with  by  this  House. 

Then  the  House  adjourned  until  to-morrow  morning  9  o'  the  clock. 

Friday.  April  14""     The  House  met  according  to  adjournment. 

Present. 

(  Nathaniel  Rice.     Edward  Moseley.  ~j 

The  Honourable;  Eleazar  Allen.       Roger  Moore.         V  Esq"  Members. 

(  Mathew  Rowan.    William  Forbes.   J 

Mr.  Swann  and  Mr.  Bell  Brought  up  the  following  message  (viz:) 
■  In  the  General  Assembly  April  14'"  1749. 

On  the  motion  of  Mr.  John  Starkey  that  the  several  sums  of  money 
paid  into  the  Committee  of  Publick  Accounts,  may  be  burned  agreable 
to  an  Act  of  the  General  Assembly  of  this  Province 

Resolved.  That  the  sum  of  seven  hundred  and  Twelve  pounds  Twelve 
.shillings  and  seven  pence  halfpenny,  paid  in  on  the  sinking  fund,  and  the 
sum  of  one  thousand  Two  hundred  and  sixty  one  pounds  fifteen  shillings 
and  Ten  pence  loan  money  paid  in  by  Edward  Moseley  Esq"  one  of  the 
Treasurers  of  this  Province.  The  sum  of  Two  Thousand  Two  hundred 
and  Ninety  one  pounds,  Twelve  shillings  and  nine  pence  old  Bills  paid 
l)y  Thomas  Barker  Gen  :  The  other  Treasurer  of  this  Province,  and  also 
the  sum  of  one  Thousand  Two  hundred  and  fifty  two  pounds  five  shil- 
lings and  six  pence  old  Bills  exchanged  for  new  by  the  Commissioners 
for  stamping  and  emitting  the  sum  of  Twenty  one  Thousand  three  hun- 
dred and  fifty  pounds  Proclamation  money  be  burnt  at  12  o'clock  this 
day  in  the  Publick  Street,  before  the  Court  House,  in  the  presence  of  the 
Members  of  both  Houses,  or  such  of  them  as  will  attend. 

Your  Honours  will  please  to  take  notice  that  Edward  Moseley  Esq" 
paid  into  the  said  Committee  the  sum  of  one  hundred,  and  eighty  nine 
pounds,  thirteen  shillings  and  three  pence  Proclamation  new  money  iu 
discharge  of  the  sum  of  one  Thousand  four  hundred  and  Twenty  Two 
pounds  and  is  part  of  the  sum  to  be  burnt.  Sent  up  for  the  concurrence 
of  this  House  and  they  on  reading  the  same,  sent  it  down  concurred  with. 

Then  the  House  adjourned  until  Three  of  the  clock  in  the  afternoon. 


984  COLONIAL   RECORDS. 


The  House  met  according  to  adjournment. 
Present. 

{Nathaniel  Rice.     Edward  Moseley. ~|  Esq"  Members 
Eleazer  Allen.       Roger  Moore.         V  of  y' 

Mathew  Rowan.    William  Forbes,    j        Council. 

Then  His  Excellency  came  to  the  House  and  sent  a  mandate  to  the 
Ijower  House  commanding  their  inmiediate  attendance  in  the  Council 
Chamber.  Whereupon  the  Speaker,  attended  by  the  Lower  House 
waited  upon  his  Excellency  in  the  Council  Chamber.  When  he  was 
pleased  to  give  his  assent  to  the  following  Bills. 

An  Act,  for  an  Additional  Act,  intituled  an  act  for  forming  a  Rent- 
Roll  of  all  the  Lands  .in  this  Province,  to  his  Majesty  and  the  Earle 
Granville  &c. 

An  Act  for  encouragement  of  James  Davis  to  set  up  a  printing  Office 
in  Newbern.  &c. 

An  Act  for  releif  of  poor  Debtors  &c. 

Au  Act  for  cutting  and  docking  entails  &c. 

Then  his  Excellency  was  pleased  to  prorogue  this  Assembly  to  the 
fourth  Tuesday  in  September  following  to  be  then  held  at  Newbern. 


North  Carolina — ss. 

At  an  Assembly  begun  and  held  at  New  Bern  the  12"'  day  of  June  in 
the  Year  of  our  Lord  1747  and  In  the  Twentieth  first  year  of  the  Reign 
of  our  Sovereign  Lord  George  the  Second  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland  King  &c  from  thence  Continued  by  several 
prorogations  to  the  28*  March  1749  being  the  Session  of  this  present 
Assembly 

Members  Present 
Mr.  Speaker 
Mr.  Haywood  Mr.  Lovick  Mr.  Eaton 

Mr.  Edward  Jones  Mr.  Joseph  Bell.  Mr.  Jno.  Herring 

Mr.  Jno  Smith  Mr.  W"  Bartram  Mr.  Jno.  Carruthers 

Mr.  Jos.  Clark  Mr.  Fran :  Stringer        Mr.  Jos.  Howell 

Mr.  Rufus  Marsden  Mr.  Jno.  Swann  Mr.  John  Sampson 

James  Derham,  Door  keeper 
Benj  Fordham,  Messenger 

Mr.  Haywood  and  Mr.  Jno.  Swann  waited  on  His  Excellency  The 
Governour  and  acquainted  him  that  the  House  was  met  in  order  to  pro- 
ceed on  Business. 

His  Excellency  the  Governour  was  pleased  to  desire  the  House  to  ad- 
journ till  to-morrow  and  then  he  would  receive  them 

The  House  adjourned  till  to-morrow  9  o'clock 


COLONIAL  RECORDS.  HHi 


Wednesday  the  29'"  of  March  1749 

Mr.  Starkey,  Mr.  Dawson,  Mr.  Washington  appeared. 

His  Excellency  was  pleased  to  prorogue  this  Assembly  untill  Thurs- 
day the  .'BO""  of  March,  for  want  of  a  sufficient  number  of  His  Majesty's 
Honorable  Council 

Thursday  the  .30'"  of  March  1749 

The  General  Assembly  met  according  to  the  prorogation 

His  Excellency  the  Governoui'  sent  a  message  to  this  House  Com- 
manding their  Immediate  attendance  in  the  Council  Chamber 

The  House  in  a  full  Body  waited  On  His  Excellency  the  Governour 
in  the  Council  Chamber  where  His  Excellency  was  pleased  to  make  the 
following  speech,  and  which  was  Read  and  ordered  to  be  Engrossed: 
which  is  as  follows  (viz:) 

Gentlemen  of  His  Majesty's  Council  Mr.  Speaker  and  Gen- 
tlemen OF  The  House  of  Representatives 
Your  Behaviour  during  the  two  last  Sessions  leave  me  no  room  to 
doubt,  that  you  are  now  assembled  with  the  best  dispositions  to  promote 
His  Majesty's  service.  The  Good  of  Your  Country,  and  the  peace  Quiet 
and  Security  of  your  Fellow  subjects. 

You  have  already  passed  many  Excellent  Laws,  Intirely  calculated 
for  the  Benefit  of  the  whole  province  without  any  views  to  party  or  per- 
sonal Interest:  Laws  which  even  in  the  Judgment  of  your  Enemies 
themselves  are  highly  proper,  Just  and  necessary  in  the  present  Cir- 
cumstances of  the  Country  and  against  which  they  can  only  form  one 
objection,  that  they  themselves  did  not  see  fit  to  be  present  at  the 
making  of  them,  Though  if  they  had,  I  am  afraid  such  Laws  had  never 
been  Enacted,  at  least  not  with  that  Unanimity  and  not  without  much 
greater  Struggle  than  they  were,  Expressly  those  two  most  Excellent 
Acts,  the  one  for  Revising  and  printing  the  Laws  and  the  other  for 
Granting  a  Rent  Roll  to  the  King  and  the  Earl  Granville,  the  former 
absolutely  necessary  for  securing  the  lives  and  properties  of  a  free  Born 
peo[)le  against  the  frauds  and  tricks  of  Ignorant  and  Insolent  pretenders 
to  the  Law  and  the  Letter,  what  Common  Justice  to  our  Landlords  abso- 
lutely required  and  Demanded. 

And  yet  neither  of  these  points  though  often  seriously  recomended 
and  Earnestly  contended  for  could  ever  be  carried  while  these  Gentlemen 
Honored  the  Assembly  with  their  presence. 

Goon  therefore  Gentlemen  and  continue  in  the  same  good  cause  you 
have  begun,  notliing  adds  a  greater  Lustre  to  Virtue  and  publick  spirited 

Vol.  4—108 


986  COLONIAL  EECORDS. 


actions  than  a  Steddy  and  undannted  perseverence,  Let  no  vain  clam- 
orous Boastings,  no  monstrous  calumnies  &  Forgeries  Industriously 
spread  among  Ignorant  people,  no  petulent  noisy  Behaviour  in  private 
conversation,  the  constant  attendants  of  a  bad  and  desperate  cause  either 
deter  or  dishearten  you.  You  have  the  Happiness  of  living  under  a  most 
just  and  gracious  prii>ce,  who  as  he  is  tender  of  the  rights  of  his  meanest 
and  most  Distant  subjects  so  lie  will  never  suffer  his  writs  to  be  affronted 
or  his  prerogatives  disdained  farr  less  will  he  suffer  his  subjects  in  this 
province  to  be  robbed  of  the  priviledges  of  Englishmen  of  the  Benefit  of 
Assemblies  and  tiie  British  Constitution  at  the  Caprice  or  humour  of  the 
Members  of  five  or  six  Counties. 

This  Gentlemen  is  the  true  and  just  state  of  the  dispute  which  is  at 
present  carried  on  with  so  much  heat  by  the  persons  who  want  to  Engross 
the  whole  Legislative  power  to  themselves,  and  I  don't  at  all  Doubt  but 
it  will  be  soon  Decided  Intirely  to  your  satisfaction. 

March  30"' 1749  GAB:  JOHNSTON 

The  House  Returned 

Mr.  Dawson  moved  that  a  Committee  be  appointed  to  prejiare  an  ad- 
dress to  His  Excellency  tiie  Governour  in  answer  to  the  s*"  speed). 

Resolved,  Tiiat  Mr.  Jno.  Swann  and  Mr.  Jno  Starkey  be  appointed  a 
Committee  to  prepare  the  said  address  and  present  the  same  to  this  House, 
and  they  are  accordingly  appointed. 

Read  the  petition  of  .several  Inhabitants  of  the  upper  part  of  New 
Hanover  County,  setting  forth  the  Great  Hardships  they  labour  under  in 
Travelling  near  160  miles  to  the  Court  of  the  said  County  held  at  Wil- 
mington, Praying  a  Bill  for  an  Act  may  be  brought  in  to  this  House  to 
Erect  the  up])er  part  of  said  County  of  New  Hanover  into  a  Distinct 
County  and  parish  &c 

Ordered  that  a  Bill  be  brought  in  for  the  said  purpo.ses 

Mr.  Sampson,  Mr.  Herring  and  Mr.  Lovett  are  appointed  to  prepare 
and  bring  in  the  same. 

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

Friday  the  3P'  of  March  1749.  Tiie  House  met  according  to  adjourn- 
ment. 

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

Saturday  the  1"  of  Aprill  1 749.  Tiie  House  met  according  to  adjourn- 
ment. 

Tlie  House  adjourned  till  Monday  Morning  10  o'clock. 


COLONIAL  UKCOllDS.  UHl 


Monday  the  3'' of  Aprill  1749.  The  House  met  acfordiiig' to  ailjoiiin- 
meut 

Mr.  Jolin  Svvann  from  tlie  Committee  appointed  to  pre])are  an  address 
to  His  Excellency  the  Governour  in  answer  to  His  Excelleney's  Speecii, 
acquainted  this  House  tiiat  the  said  Committee  iiad  prepared  tiic  said 
address,  which  address  he  presented  to  the  House  for  approbation. 

Ordered  the  same  be  Read,  whicii  was  as  follows  (viz  :) 

North  Carolina — ss. 

To  His  Excellency  Gabriel   Johnston   Esq  Governour  and  Comniander 

in  Chief  of  His  Majesty's  Province  of  North  Carolina 

The  Humble  Address  of  the  General  Assembly  of  the  said  Province 
May  it  please  your  Excellency,  ' 

We  return  your  Excellency  our  sincere  and  hearty  thanks  for  your 
speech  at  the  opening  of  this  Session  of  General  Assembly,  and  we  In- 
tirely  agree  with  your  Excellency  in  the  nature  of  that  unhappy  dispute 
at  present  so  Industriously  carried  on  by  a  part  of  our  fellow  Subjects 
which  you  are  pleased  so  justly,  truly,  and  concisely  to  state  to  us 

We  Esteem  it  amongst  the  Greatest  of  Blessings  of  Providence  to 
live  the  Subjects  of  a  most  Gracious  prince.  One  that  throughout  his 
whole  Reign  hath  been  extremely  tender  of  the  Rights  and  Liberties  of 
all  his  Subjects  How  farr  soever  Removed  from  his  Royal  presence 
And  as  we  are  not  Conscious  of  our  having  shewn  the  Least  disobedi- 
ence to  His  Majesty's  Writs  and  prorogatives :  so  we  Confidantly  trust 
His  Gracious  Majesty  will  not  suffer  us  His  Good  Subjects  residing  in 
this  Province  to  be  Bereaved  of  any  of  those  Valuable  Priviledges,  We 
as  Subjects  of  Great  Britain  are  born  unto  and  particularly  the  Benefit 
of  General  Assemblys  at  the  Capricious  humour  of  the  members  of  five 
or  six  of  the  most  Northern  Counties'. 

In  the  passing  of  those  two  Laws  your  Excellency  is  pleased  to  men- 
tion as  well  as  several  others,  We  had  no  view  to  gratify  anv  party  or 
private  Interest,  But  as  we  then  were,  we  still  continue  to  be  of  opinion 
that  they  were  all  calculated  to  promote  the  welfare  and  Interest  of  the 
Inhabitants  of  the  whole  province,  and  in  our  present  circumstances 
absolutely  necessary  for  securing  the  Lives  and  fortunes  t)f  all  our  fel- 
low Subjects  and  doing  Justice  to  our  Land  lords. 

We  assure  your  Excellency  we  are  now  met  again  with  strong  lesolu- 
tions  steadily  to  persevere  in  promoting  His  Majesty's  Service,  and  the 
Quiet,  peace  and  security  of  all  our  constituents — And  we  firmly  resolve 
no  clamorous  Boastings,  no  vain  stories  by  whom  soever  artfully  pub- 
lished and  spread  shall  Deter  or  Discourage  us  from  passing  such  other 


988  COLONIAL  KECORDS. 


Laws  as  may  conduce  to  so  Ijaudable  an  End  or  from  concerting  such 
further  measures  as  sliall  be  Judged  most  proper  to  support  the  Laws 
allready  made  and  for  defeating  tlie  Artifices  and  Designs  of  the  obstruc- 
tors of  so  much  Desired  peace  and  Settlement. 

To  all  which  from  our  many  Years  Experience  of  your  Excellency's 
readiness  on  all  occasions  to  join  in  everything  proposed  for  His  Majesty's 
Service  and  the  Good  of  this  province.  We  assure  ourselves  of  your 
concurrence — And  as  our  Disputes  are  now  laid  before  His  Majesty  in 
Council,  we  doubt  not  when  the  truth  of  the  controversy  shall  be  clearly 
Represented,  it  will  meet  with  a  Decission  to  our  Satisfaction 

3^''  Aprill  1749  By  Order  S.  SWANN,  Speaker 

The  House  approved  tiiereof  and  Resolved  Tiiat  the  same  be  pre- 
sented to  His  Excellency  the  Governour 

Mr.  John  Swann  moved  that  a  Committee  for  settling  and  allowing  the 
publick  claims  of  this  province  in  conjunction  with  those  of  His  Maj- 
esty's Council  as  tliey  shall  think  proper  to  appoint. 

And  the  following  persons  were  according[ly]  appointed  (viz:)  Mr. 
Jno.  Swann  Mr.  Thos:  Lovick  Mr.  Jno.  Dawson  Mr.  Jno:  Starkey  and 
Mr.  Jno:  Haywood 

Sent  the  following  Message  to  the  Council 

Gentlemen  of  His  Ma.iesty's  Honorable  Council 

We  have  appointed  Mr.  Jno:  Swann,  Mr.  Thos:  Ijovick,  Mr.  Jno: 
Dawson,  Mr.  John.  Starkey  and  Mr.  Jno.  Haywood  a  Committee  of  this 
House  on  the  publick  claims  to  joyn  tliose  of  your  House  as  you  shall 
think  fit  to  appoint  By  Order  SAM  SWANN,  Speaker 

?/"  April  1749 

And  we  have  likewise  appointed  the  following  persons  a  Committee  to 
Examine  Settle  and  adjust  the  publick  accounts  with  the  Treasurers  of 
the  Southern  and  Northern  Districts  of  this  Province — in  conjunction 
with  those  members  of  your  House  as  you  shall  think  fit  to  appoint 
(viz:)  Mr.  Swann,  Mr.  Starkey  and  Mr.  Dawson 

■.y  Aprill  1749  By  Order  S.  SWANN  Speaker 

Sent  the  above  two  Messages  by  Mr.  Jno.  Swann. 

His  Excellency  the  Governour  sent  a  Message  to  this  House  acquaint- 
ing them  he  was  ready  to  receive  their  address  and  commanded  the  Im- 
mediate attendance  thereof  in  the  Council  Chamber  therewith,  the  House 
in  a  full  Body  waited  on  His  Excellency  the  Governour  in  the  Council 
Chamber  with  their  address  and  presented  the  same  to  his  Excellency 
who  was  pleased  to  return  his  thanks  to  tliis  House  for  the  same. 


COLONIAL  RECORDS.  08'J 


The  House  returned. 

Tlie  House  adjourned  till  three  (j'clock  in  afternoon. 

P.  M.     The  House  tnet  according  to  adjournment. 

Mr.  Jno.  Swann  moved  for  leave  to  bring  iu  a  Bill  for  an  Act  to  put 
in  force  in  this  Province  the  several  statutes  of  the  Kingdom  of  England 
or  South  Britain  therein  particularly  mentioned. 

Ordered  he  have  leave  and  that  he  prepare  and  bring  in  the  same, 
which  he  accordingly  did  and  read  the  same  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Sampson 

Received  the  following  message  from  the  Council  (Viz :) 

Mr.  Speaker  and  Gentlemen 

This  House  on  reading  the  message  of  the  House  Regarding  the 
appointment  of  the  Committees  of  the  Accounts  and  Claims  &c  thought 
proper  to  appoint  the  Honorable  Eleazer  Allen  and  Roger  Moore  Esq' 
on  the  accounts  and  the  Honorable  Mathew  Rowan  and  Col.  Forbes  on 
the  claims  to  joyn  those  of  your  House 

By  Order  of  the  Upper  House  R"  LOVETT, 

Dated  8"  Aprill  1749  Clk  Upper  House 

Mr.  Jno.  Sampson  one  of  the  Committee  to  prepare  a  Bill  for  an  Act 
for  Erecting  the  Upper  part  of  New  Hanover  County  into  a  County  and 
Parish  and  for  appointing  a  place  for  Building  a  Court  House,  Prison 
and  Stocks  in  the  said  County  brought  in  the  same  which  he  read  in  his 
place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Sampson. 

Mr.  Jno.  Carruthers  moved  for  leave  to  bring  in  a  Bill  for  an  addi- 
tional Act  to  an  Act  Intituled  an  Act  for  the  Better  Regulating  the 
Town  of  New  Bern  for  fencing  the  same  and  securing  the  Titles  of  the 
several  persons  who  hold  lotts  in  the  said  town. 

Ordered  he  have  leave  and  that  he  prepare  and  bring  in  the  same, 
Which  he  did  accordingly  and  Read  the  same  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Carruthers. 

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

Tuesday  the  ■4"'  Aprill  1749  The  House  met  according  to  adjourn- 
ment. 

(Certificate.) 

H.  Johnston  R.  Washington  W"  Hynes  of  N.  Hampton.  Re- 
ceived the  following  Certificates  from  the  County  Court  of  Northampton 


990  COLONIAL  RECORDS. 


County  (to-wit)  One  in  behalf  of  Henry  Johnston  of  said  County,  One 
In  Behalf  of  William  Hynes  of  said  County,  One  in  Behalf  of  Richard 
Washington  of  said  County,  therein  certifying  that  the  said  persons  are 
very  poor  and  Infirm,  and  ought  to  be  exem]it  from  paying  pnhlick 
Taxes  and  doing  publick  Duties. 

Ordered  they  be  Exempt  accordingly. 

The  House -a^^ljourncd  till  to-nl()rro^v  9  o'clock 

« 

Wednesday  the  5*  of  April  1749.  The  House  met  according  to 
adjournment. 

Mr.  John  Starkey  moved  for  leave  to  bring  in  a  Bill  for  an  Act  for 
appointing  Packers  and  to  prevent  frauds  in  Divers  Commodities  Ex- 
ported out  of  this  Province,  also  a  Bill  for  an  Act  for  the  relief  of  poor 
Debtors,  and  the  Bill  for  an  Act  for  founding,  Erecting,  ordering  and 
visiting  a  free  school  at  for  the   use  of  the  Inhabitants  of  this 

province.  And  a  Bill  for  an  Act  Directing  the  method  for  cutting  or 
Docking  Intails  of  small  estates.  And  a  Bill  for  an  Act  to  enable  the 
Justices  of  the  several  Counties  to  provide  Certain  Books  for  the  use  of 
their  County  Courts.  And  also  a  Bill  for  an  Act  for  the  Relief  of  the 
poor,  and  to  prevent  Idleness. 

Ordered  he  have  leave  and  that  he  })repare  and  bring  in  the  same, 
which  he  did. 

Ordered  the  same  be  read  to-morrow. 

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

Thursday  the  6""  Aprill  1749  The  House  met  according  to  adjourn- 
ment 

Mr.  Rufus  Marsden  moved  for  leave  to  bring  in  a  Bill  for  an  Act  for 
the  Encouragement  of  James  Davis  to  set  up  and  carry  on  his  Business 
of  a  printer  in  this  province,  and  for  other  purposes  therein  mentioned. 

Ordered  he  have  leave  and  that  he  prepare  and  bring  in  the  same, 
which  he  accordingly  did,  and  Read  the  same  in  his  place. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

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

Ordered  the  Bills  brought  in  yesterday  by  Mr.  Starkey  be  Read. 
Read  the  said  Bills. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bills  to  the  Council  by  Mr.  Starkey  and  Mr.  Samp- 
son. 

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

Friday  the  7""  of  Aprill  1749  The  House  met  according  to  adjourn- 
ment. 


COLONIAL  RECORDS.  991 


Edward  Moseley  Esq.  one  of  the  Commissioners  appointed  to  Revise 
and  print  tiie  Laws  now  in  force  in  this  province  Reported  tiiat  the  Com- 
mittee iiad  Revised  the  said  Ijaws  and  produced  the  same  to  this  House. 

Mr.  John  Swann  moved  that  a  Committee  be  appointed  to  Examine 
and  compare  the  said  Revisals  with  the  Originals  and  Report  the  same 
to  the  House.  And  Mr.  John  Swann,  Mr.  Jno.  Starkey,  Mr.  Fran. 
Stringer,  Mr.  Joseph  Bell,  Mr.  Jos.  'Clariv,  Mr.  Josepli  Howell,  Mr. 
Jno.  Dawson,  Mr.  W.  Eaton,  Mr.  Jno.  Smith,  Mr.  Rufus  Marsden,  and 
Mr.  Jno.  Carruthers  are  accordingly  appointed  in  Conjunction  with  those 
of  hi.s  Majesty's  Council  as  shall  by  them  be  thought  proper  to  appoint. 

Ordered  the  following  message  be  sent  to  the  Council 

Gentlemen  of  his  Majesty's  Council 

This  House  have  appointed  Mr.  Jno.  Swann,  Mr.  Jno.  Starkey,  Mr. 
Era:  Stringer,  Mr.  Jos.  Bell,  Mr.  Jos.  Clark,  Mr.  Jos.  Howell,  Mr.  Jno. 
Dawson,  Mr.  W""  Eaton,  Mr.  John  Smith,  Mr.  Rufus  Marsden,  and  Mr. 
Jno.  Carruthers  a  Committee  to  Examine  and  Compare  the  Laws  Re- 
vised by  the  Commissioners  appointed  for  that  purpose  with  the  Originals 
In  Conjunction  with  those  members  of  Your  Hou.se,  as  Your  Honor 
shall  think  proper  to  appoint  and  Rei)ort  the  same  to  this  House 

7*Aprilll749  By  Order  S.  SWANN,  Speaker 

Sent  by  Mr.  Jno.  Swann  and  Mr.  Dawson 

Mr.  Jno.  Sampson  One  of  the  Committee  appointed  to  prepare  and 
bring  in  a  Bill  for  an  Act  for  Dividing  Bladen  County  and  for  Erecting 
the  Western  part  tiiereof  into  a  separate  County  and  parish  by  the 
name  of  Anson  County  and   parish  of  Brought  in  the  said  Bill 

which  he  read  in  his  place 

Ordered  the  same  pass  and  be  scut  to  the  Council 

Sent  the  same  to  the  Council  by  Mr.  Jno.  Swann  and  Mr.  Dawson. 

Received  from  the  Council  the  Bill  for  an  Act  for  the  encouragement 
of  James  Davis  to  Set  up  and  Carry  on  his  Business  of  a  printer  in  this 
province  &e  And  the  Bill  for  an  additional  Act  to  an  Act,  Intituled  an 
Act  for  forming  a  Rent  Roll  of  all  the  Lands  holden  in  this  province 
for  Quieting  the  Inhabitants  in  their  possessions  and  for  directing  the 
payment  of  Quit  rents.  Endorsed  Aprill  the  6""  1749  In  the  Upper 
House  Read  the  first  time  and  passed. 

By  Order  R*  LOYETT  Clk 

Read  the  second  time  the  Bill  for  an  Act  for  the  Encouragement  of 
James  Davis  to  Set  up  and   carry  on   his  business  of  a  printer  in  thi 
province  &c 


992  COLONIAL  RECORDS. 


Ordered  the  same  pass  with  amendments  and  be  sent  to  the  Council 

Read  the  first  time  the  Bill  for  an  additional  Act  to  an  Act  Intituled 
an  Act  for  forming  a  Rent  Roll  &c. 

Ordered  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  two  Bills  to  the  Council  by  Mr.  Swann  and  Mr.  Daw- 
son 

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

Saturday  the  8*  of  Aprill  1749  The  House  met  according  to  ad- 
journment 

Received  from  the  Council  the  following  Bills  (viz  :) 
The  Bill  for  encouraging  James  Davis  to  set  up  and  carry  on  his 
Business  of  a  printer  in  this  province  and  so  forth     Endorsed  Aprill  8"" 
1749  In  the  Upper  House  Read  the  second  time  and  passed 

By  Order  R"  LOVETT  Clk 

Tiie  Bill  for  an  Act  for  the  Relief  of  the  poor  &c  and  The  Bill  for  an 
Act  directing  the  method  of  Cutting  or  Docking  Entails  of  Small  Es- 
tates Endorsed  Aprill  the  8""  1749  In  the  Upper  House  read  the  first 
time  and  passed.     By  Order  of  the  House  R''  LOVETT  Clk 

Received  from  the  Council  the  Bill  for  an  Act  for  Dividing  Bladen 
County,  and  for  erecting  the  Western  part  thereof  into  a  Separate 
County  &c  Endorsed  Aprill  8*  1749  In  the  Upper  House  Read  the 
first  time  and  passed     By  Order  R"  LOVETT  Clk 

And  the  following  message  (viz:) 

Mr.  Speaker  and  Gentlemen 

This  House  on  Reading  your  message  of  yesterday  and  considering 
the  same  thought  proper  to  appoint  the  Honorable  Nat.  Rice  and  Ed- 
ward Moseley  Esq"  Two  of  the  members  of  this  Board  a  Committee  to 
joyne  those  of  yours  to  Examine  and  Compare  the  Laws  revised  by  the 
Commissioners  appointed  for  the  said  purpose  By  Order  of  the  Upper 
House  R"  LOVETT  Clk 

Aprill  8"  1749 

Received  from  the  Council  the  Bill  for  an  Act  for  Erecting  the  Upper 
part  of  New  Hanover  County  into  a  County  and  parish  &c.     Endorsed 
April]  8"'  1749.  In  the  Upper  House  read  the  first  time  and  passed. 
By  Order  R*  LOVETT  Clk. 


COLONIAL  RECORDS.  993 


Read  the  second  time  the  Bill  for  Erecting  the  Upper  part  of  New 
Hanover  County  into  a  County  and  parish  &c.  and  the  Bill  for  an  Act 
directing  the  method  of  cutting  or  Docking  Entails  of  small  Estates. 

Ordered  &c. 

And  the  Bill  for  the  Relief  of  the  poor  and  to  prevent  Idleness. 

And  the  Bill  for  an  Act  for  Dividing  Bladen  County,  for  Erecting  the 
Western  part  thereof  into  a  County  and  parish  &c. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

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

Received  from  the  Council  the  following  Bills  (viz:) 

The  Bill  for  an  Act  to  Enable  the  Justices  of  the  several  Counties  to 
provide  certain  Books  &c. 

The  Bill  for  appointing  Packers  &c. 

The  Bill  for  Relief  of  Poor  Debtors  &c. 

The  Bill  to  put  in  force  in  this  province  the  several  Statutes  of  the 
Kingdom  of  Great  Britain  &c.  Endorsed  Aprill  8""  1749.  In  the  Upper 
House  read  the  first  time  and  passed. 

By  Order  R''  LOA^ETT  Clk. 

The  House  adjourned  till  3  o'clock  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

Received  from  the  Council  the  Bill  for  an  additional  Act  to  an  Act  for 
the  better  Regulating  the  Town  of  New  Bern  &c.  Endorsed  Aprill  the 
gth  1749  j,j  (;i]g  Upper  House  Read  the  first  time  and  passed.  By  Order 
of  the  House  R"  LOVETt"  Clk. 

Received  from  the  Council  the  Bill  for  an  Act  for  founding  and  erect- 
ing a  free  school  &c.  Endorsed  Aprill  8*  1749.  In  the  Upper  House 
Read  the  first  time  and  passed.       By  Order 

R''  LOVETT  Clk. 

Read  the  second  time  the  Bill  for  an  Act  to  put  in  force  in  this  prov- 
ince the  Several  Statutes  of  the  Kingdom  of  England  or  South  Britain  &c. 

Ordered  the  same  passed  with  amendments  and  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Haywood  and  Mr.  Mackle- 
wean 

Received  from  the  Council  the  Bill  for  an  additional  Act  to  an  Act 
Intituled  an  Act  for  forming  a  Rent  Roll  &c  Endorsed  Aprill  8""  1749 
In  the  Upper  House  Read  the  second  time  and  passed  with  amendments. 
Bv  Order  R'^  LOVETT  Clk 


994  COLONIAL  RECORDS. 


Read  the  second  time  The  Bill  for  an  Act  to  Enable  the  Justices  of  the 
several  Counties  to  provide  certain  Books  for  the  use  of  their  County 
Courts  with  amendments.  Ordered  the  same  pass  and  be  sent  to  the 
Council. 

Sent  the  same  to  the  Council  by  Mr.  Haywood  and  Mr.  Macklewean. 

Read  the  second  time  the  Bill  for  an  Act  for  the  Relief  of  poor  Debtors 
with  amendments. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Haywood  and  Mr.  Macklewean. 

The  House  adjourned  till  Monday  morning  10  o'clock. 

Monday  the  10""  Aprill  1749.  The  House  met  according  to  adjourn- 
ment. 

Read  the  third  time  the  Bill  for  an  act  for  the  Encouragement  of  James 
Davis  to  set  up  and  carry  on  his  Business  of  a  printer  in  this  province 
with  amendments. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Haywood  and  Mr.  Eaton. 

Received  from  the  Council  the  Bill  for  an  act  for  the  Relief  of  poor 
Debtors.  Endorsed  Aprill  10*  1749.  In  the  Upper  House.  Read  the 
.second  time  and  passed.     By  Order  of  the  House. 

R"  LOVETT  Clk. 

And  the  Bill  for  an  Act  for  directing  the  method  of  cutting  or  Dock- 
ing Entails  of  small  Estates.  Endorsed  Aprill  10*  1749.  In  the  Upper 
House  Read  the  second  time  and  passed  with  amendments. 

By  Order  R"'  LOVETT  Clk. 

Read  the  Second  time  the  Bill  for  an  Act  for  founding,  Erecting, 
Governing,  Ordering  and  Visiting  a  free  school  &c.  passed  with  amend- 
ments. 

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

Received  from  the  Council  the  Bill  for  dividing  Bladen  County  and 
the  Bill  for  Erecting  the  Upper  part  of  New  Hanover  County  into  a 
County  &c  Endorsed  Aprill  10'"  1749  In  the  Upper  House  Read 
the  second  time  and  passed  with  amendments 

By  Order  R"  LOVETT  Clk 

Read  the  second  time  the  Bill  for  an  Additional  Act  to  an  Act  Inti- 
tuled an  Act  for  forming  a  Rent  Roll  &c.  and  passed  with  amendments. 
Sent  the  same  to  the  Council  by  Mr.  Starkey  and  Mr.  Marsden. 
The  House  adjourned  till  3  o'clock  afternoon 

P.  M.  The  House  met  according  to  adjournment. 


COLONIAL  RECORDS.  995 


Read  the  Bill  for  an  Act  appointing  Packers  &c.  the  second  time  and 
passed  with  amendments 

And  the  Bill  for  an  Additional  Act  to  an  Act  Intituled  an  Act  for 
the  regulating  the  Town  of  New  Bern  &c  the  second  time  with  amend- 
ments. 

Ordered  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Macklewean  and  Mr.  Carrutiiers 

Received  from  the  Council  the  Bill  for  an  Act  for  the  Encouragement 
of  James  Davis  to  set  np  and  carry  on  his  Business  of  a  Printer  &c. 
Endorsed  Aprill  10*  17-t9  In  tlie  Upper  House  Read  the  third  time 
and  passed.  By  Order  R*  LOVETT  Clk 

And  the  Bill  for  an  additional  Act  to  an  Act  Intituled  an  Act  for 
forming  a  Rent  Roll  &e.  Endorsed  Aprill  10*  1749  In  the  Upper 
House  Read  the  third  time  and  passed 

By  Order  R"  LOVETT  Clk 

The  House  adjourned  till  to-morrow  morni-ng  9  o'clock 

Tuesday  the  11*  of  Aprill  1749.  The  House  met  according  to  ad- 
journment 

Read  the  third  time  the  Bill  for  an  additional  Act  to  an  Act  Intituled 
an  Act  for  forming  a  rent  Roll  for  all  tlie  Lands  in  this  province  and 
passed. 

And  the  Bill  for  an  Act  for  Dividing  Bladen  County  and  for  Erect- 
ing the  Western  part  thereof  into  a  separate  County  and  parish  &e.  the 
third  time  and  passed. 

And  the  Bill  for  an  Act  for  erecting  the  Upper  part  of  New  Hanover 
County  into  a  County  and  parish  &c  the  third  time  and  passed. 

And  the  Bill  for  an  Act  for  the  Relief  of  poor  Debtors  &c.  the  tliird 
time  and  passed. 

And  the  Bill  for  an  Act  Erecting  the  method  of  Cutting  or  Docking 
Entails  of  small  Estates  the  third  time  and  passed. 

Sent  the  above  five  Bills  to  tlie  Council  by  Mr.  Swann  and  Mr. 
Sampson. 

"  Mr.  John  Swann  moved  that  His  Excellencj'  the  Governour  be  ac- 
quainted that  Mr.  Benjamin  Peyton  late  one  of  the  Members  of  this 
House  is  Dead  and  Direct  him  to  order  a  Writ  to  Issue  to  Elect  and 
choose  a  member  to  sit  and  vote  in  this  House  in  the  Room  and  stead  of 
the  said  Benj  Peyton  Deceased. 

Ordered  that  Mr.  Jno.  Swann  acquaint  His  Excellency  tlierowith  and 
desire  him  to  order  a  Writ  to  Issue  agreeable  to  his  motion  aboves'' 

The  House  adjourned  for  an  hour. 


996  COLONIAL  RECORDS. 


The  House  met  according  to  adjourniuent. 

Received  from  the  Council  the  Bill  for  an  Act  for  the  Relief  of  Poor 
Debtors,  and  the  Bill  for  an  Act  for  directing  the  method  of  Docking 
Entails  of  Small  Estates.  Endorsed  Aprill  ll'"  1749.  In  the  Upper 
House  Read  the  third  time  and  passed. 

Ordered  to  be  sent  down  and  Engrossed. 

By  Order.  R.  LOVETT  Clk. 

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

Wednesday  the  12'*'  of  Aprill  1749.  The  House  met  according  to 
adjournment. 

Mr.  Thomas  Lovick  Chairman  of  the  Committee  of  Claims  for  this 
province  Reported  the  several  claims  allowed  by  the  Committee  which 
were  Read  and  concurred  with. 

Ordered  the  same  be  sent  to  the  Council  for  their  Concurrence. 

Sent  the  same  to  the  Council  by  Mr.  Marsden  and  Mr.  Carruthers. 

The  House  adjourned  trll  3  o'clock  afternoon 

P.  M.     The  House  met  according  to  adjournment. 

Upon  Enoch  Hall  Esq.  His  Majesty's  Chief  Justice  of  this  Province 
having  Represented  to  this  House  that  he  hath  been  at  great  Expence  in 
riding  the  Circuits,  and  that  by  the  neglect  of  the  several  Sheriffs  in  this 
province  collecting  the  Tax  laid  for  raising  money  to  pay  the  salary  by 
Law  appointed  for  that  service  whereby  the  publick  is  now  in  arrear  to 
him  the  sum  of  Two  Hundred  twenty  two  pounds  six  shillings  and  four 
peuce  proclamation  money.  Therefore  he  humbly  hopes  that  the  House 
will  take  the  same  into  Consideration  and  Direct  that  the  said  arrear  be 
paid  him  whereby  he  may  be  enabled  the  Better  to  perform  the  Duty  to 
which  he  is  obliged  by  the  Law  in  riding  the  s*  Circuits. 

Resolved  by  this  House  that  the  said  arrears  be  paid  by  tiie  s*  Enoch 
Hall  Esq.  by  the  Commissioners  for  stamping  and  Emitting  the  sum  of 
21350:  publick  Bills. of  Credit  of  this  province  at  the  rate  of  proc'l. 
money  out  of  the  publick  chest  and  that  as  the  money  arising  by  the 
said  Tax  shall  be  received  and  accounted  for  as  the  Law  Directs  by  the 
Sheriffs  of  the  several  Countys  the  same  shall  be  applyed  to  the  reim- 
bursing the  Publick  the  said  sum. 

Ordered  the  same  be  sent  to  the  Council  with  the  following  message 
(viz:) 

Gentlemen  of  His  Majesty's  Honorable  Council, 

We  herewith  send  you  the  Resolve  of  this  House  in  regard  to  the 
payment  of  the  arrears  due  from  the  publick  to  the  Honorable  Enoch 


COLONIAL  RECORDS.  997 


Hall  Pjsq.  His  Majesty's  Chief  Justice  for  riding  the  several  Circuits  in 
this  province  which  by  Law  he  is  obliged  to  do,  and  desire  your  Honors 
Concurrence  with  us  thereon.     By  Order 

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

Thursday  the  IS*  of  April!  1749.  The  House  met  according  to  ad- 
journment. 

Tiie  accounts  of  Edward  Moseley  Esq.  and  Tiiomas  Barker  general 
Treasurers  of  this  province  being  reported  to  this  House  by  the  Commit- 
tee for  Examining  and  stating  the  Publick  accounts 

Resolved,  That  the  sum  of  Seven  Hundred  and  Twelve  pounds 
Twelve  shillings  and  Seven  pence  half  penny  accounted  for  and  paid  into 
the  said  Committee  on  the  sinking  fund  and  also  the  sum  of  Twelve 
Hundred  and  sixty  one  pounds  fifteen  shillings  aeconnted  for  and  paid 
into  the  same  Committee  as  part  of  the  loan  money  by  Edward  Moseley 
Esq.  be  Bnrnt,  and  that  as  the  said  Thomas  Barker  hath  not  satisfied  the 
said  Committee  what  part  of  the  money  paid  in  by  him  was  received  and 
paid  in  upon  the  account  of  the  sinking  fund.  The  Sum  of  Two  Thou- 
sand two  Hundred  and  ninety  pounds  Twelve  shillings  and  nine  pence 
old  money  b}'  him  paid  into  the  said  Committee  be  Burnt  and  that  the 
new  or  proclamation  money  by  him  paid  in  to  the  said  Committee  be 
Lodged  in  the  publick  Chest  till  the  said  Thomas  Barker  shall  make 
appear  to  this  House  on  what  account  or  Tax  the  said  money  was  paid 
in  to  him  by  the  several  Sherifis  that  the  same  money  may  be  disposed 
of  and  applyed  accordingly. 

Ordered  the  above  Resolve  and  also  that  of  yesterday  be  sent  to  the 
Council. 

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

Mr.  Jno.  Swann  from  the  Committee  of  Publick  accounts  Reported  as 
by  Book  of  Reports.  To  which  the  House  concurred. 

Ordered  the  same  be  sent  to  the  Council  for  their  Concurrence. 

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

Received  from  the  Council  the  Reports  of  the  Committee  of  Claims. 
Endorsed  ApriU  12*  1749. 

The  above  reports  were  Read  in  the  Upper  House,  approved  and 
allowed  of. 

Ordered  to  be  sent  down  for  the  Concurrence 

By  Order  NAT.  RICE  P. 

SAMUEL  SWANN,  Speaker 

Test.  R"  LovETT  Clk. 

Total.  £1562..3.11 


998  COLONIAL  RECORDS. 


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

Friday  the  14*  of  Aprill  1749.  The  House  met  according  to  adjourn- 
ment. 

Received  from  the  Council  the  Reports  of  the  Committee  of  publick 
Accounts     Endorsed  concurred  with  -  NAT  RICE,  P. 

And  also  the  two  Messages  sent  yesterday     Endorsed,  Concurred 

NATH  RICE  P. 

Sent  the  following  messages  to  his  Excellency  the  Governour  (viz:) 

May  it  please  your  Excellexcy 

The  revised  Laws  iiaving  been  laid  before  this  House  &c.  We  furtiier 
take  leave  to  address  your  Excellency  that  as  you  were  pleased  to  appoint 
Commissioners  to  sell  such  goods  as  were  saved  and  taken  from  the  Spains 
[Spanish]  Wreck  (and  to  distribute  one  half  part  thereof  amongst  the 
Sufferers  in  proportion  to  their  losses,  having  a  particular  regard  to  the 
poorer,  sent  one  fourth  part  amongst  such  persons  as  had  distinguished 
themselves  by  their  Bravery,  and  that  the  other  fourth  part  should  be 
returued  to  your  Excellency  to  be  applyed  by  the  Governors  Council  and 
General  Assembly  towards  defraying  the  Expenses  of  the  Expedition) 
You  will  also  be  pleased  to  direct  the  said  Commissioners  to  return  to 
your  Excellency  an  account  of  the  money  arising  from  the  Sale  of  the 
said  goods  and  Effects  at  tiie  next  Assembly  that  the  said  fourth  part 
appointed,  by  your  Excellency,  towards  reimbursing  the  said  Expense  to 
the  publick  may  be  applyed  by  your  Excellency  and  the  Council  and 
the  General  Assembly  accordingly. 

And  as  Sam'  Johnston  Esq.  former  receiver  of  the  Powder  money 
and  Import  dutys  at  port  Brunswick  produced  to  the  Committee  of 
Publick  Accounts,  Receipts  from  your  Excellency  for  the  Sum  of  Two 
Thousand  pounds  old  Currency  for  dispatches  and  other  contingencies 
during  the  four  first  years  of  your  Excellencys  administi'ation — the  same 
not  giving  this  House  the  satisfaction  they  could  wish — Desire  your 
Excellency  would  be  pleased  to  order  the  several  papers  and  Vouchers 
to  be  laid  liefore  this  House  at  the  next  Session  for  their  further  satis- 
faction. S.  S.  S. 

On  the  motion  of  Mr.  Starkey  that  the  several  sums  of  money  paid 
into  the  Committee  of  publick  accounts  may  be  Burnt,  agreeable  to  an 
Act  of  the  General  Assembly  of  this  province 


COLONIAL  RECORDS.  999 


Resolved  that  the  sum  of  £712.12.7|  paid  in  on  tlie  sinking  fund,  and 
the  sum  of  £126LL5.10  loan  money  paid  in  by  Edward  Moseley  Esq., 
one  of  the  Treasurers  of  this  province,  the  sum  of  £2290.12.9  Old  Bills 
paid  in  by  Thomas  Barker  Gen'  the  other  Treasurer  of  this  ])rovince. 
and  also  the  sura  of  £1252. .5. 6  old  Bills  E.xchanged  for  New  by  the  Com- 
missioners for  stamping  and  Emitting  the  sum  of  £21350  proe'l  Be  Burnt 
at  Twelve  of  the  clock  this  day  in  the  pr.bliek  street  before  the  Court  House 
in  presence  of  the  Members  of  Both  Houses  or  such  of  them  as  will 
attend. 

Your  Honors  will  please  to  take  notice  that  Edward  Moseley  Esq  paid 
into  the  said  Committee  the  sum  189.1.3.3  proe'l  new  money  in  discharge 
of  the  sum  of  £1422.2.1 1|^  old  money  of  the  above  mentioned  sum  by 
Iiim  paid  in  as  above  mentioned  and  is  part  of  the  same  to  be  Burnt. 

Ordered  the  above  Resolve  be  sent  to  the  Council  for  Concurrence. 

Sent  the  above  Resolve  by  Mr.  Swann  and  Mr.  Bell. 

The  House  adjmirned  till  two  o'clock.  P.  M. 

The  House  met  according  to  adjournment. 

Received  from  the  Council  the  Resolve  of  this  House  sent  tiiis  morn- 
ing. Endorsed,  Concurred  with  N.  R.  Agreeable  to  the  said  Resolve 
the  sum  of  £4480.  old  Bills  and  £189.13.3  Equal  to  proe'l  new  money, 
in  the  presence  of  several  of  the  Members  of  Both  Houses  were  Burnt. 

His  Excellency  the  Governor  sent  to  this  House  Commanding  their 
Immediate  attendance  in  the  Council  chamber  with  what  Bills  wete 
Engrossed. 

Mr.  Speaker  and  the  House  in  a  full  Body  waited  on  His  Excellency 
the  Governor  in  the  Council  Chamber,  and  Mr.  Speaker  presented  the 
following  Bills  (viz:) 

1.  The  Bill  for  an  additional  Act  to  an  Act  Intituled  an  Act  for  form- 
ing a  Rent  Roll  (vide)  Title 

2.  The  Bill  for  the  relief  of  poor  Debtors  as  to  the  Imprisonment  of 
their  persons 

3.  The  Bill  for  an  Act  for  directing  the  method  of  Cutting  or  Dock- 
ing Intails  of  Small  Estates 

To  which  three  Bills  his  Excellency  was  pleased  to  assent 

Then   prorogued  this  Assembly  to  the  fourth  Tuesday  in  September 

next  then  to  be  held  at  New  Bern 

Mr.  Speaker  with  the  House  Returned  and  Reported  the  prorogation 

accordiny;lv 


1000  COLONIAL  RECORDS. 


North  Carolina. 

At  an  Assembly  begun  and  held  at  Newbern  on  Tuesday  the  Twenty 
eighth  day  of  March,  in  the  year  of  our  I^ord  one  Thousand,  seven 
hundred,  and  forty  eight,  and  in  the  Twenty  third  year  of  his  present 
Majesties  reign,  and  continued  by  several  Prorogations  untill  Tuesday 
the  Twenty  sixth  day  of  September:  And  from  thence  continued  by 
several  Prorogations  and  Adjournments  until  Monday  the  second  day  of 
October  instant  in  the  year  of  our  Lord,  one  thousand  seven  hundred, 
and  forty  nine,  being  the  seventh  Session  of  Assembly. 

In  the  upper  House.  October  2''  1749. 

Present  His  Excellency  the  Governour. 

{Eleazar  Allen.  James  Murray.  '\  y    „  t,  r      ,     .     ,. 
Roger  Moore.    James  Hasell.     V     'J     ^,         .,' 
\\T-w        rr^     1  1       the  C/Ouncil. 

\V  illiam  1-1  orbes.  ) 

Two  of  the  Members  of  Council  liaving  died,  his  Excellency  was 
pleased  to  appoint  James  Hasell  Esq'°  one  of  the  Members  of  this  Board, 
who,  after  taking  the  Oaths  fov  his  qualification  took  his  seat  accord- 
ingly. 

Then  iiis  Excellency  sent  a  Mandate  to  the  Lower  House  command- 
ing their  immediate  attendance.  Whereupon  the  Speaker  attended  by  the 
Lower  House,  waited  upon  his  Excellency  in  the  Council  Chamber,  who 
directed  them  to  return  to  their  House  and  forthwith  proceed  upon  busi- 
ness. 

Mr.  Dawson  and  Mr.  Haywood  Brought  up  the  following  message 
(viz.) 

Gentlemen  of  his  Ma.jestie8  Council. 

We  have  appointed  Mr.  John  Swann,  Mr.  Thomas  Lovick,  Mr.  Rufus 
Marsden,  Mr.  John  Herring,  Mr.  Edward  Jones,  Mr.  John  Starker,  Mr. 
Ja:  M°Klewain,  Mr.  William  Barnham,  Mr.  John  Haywood,  Mr.  John 
Dawson,  and  Mr.  John  Carrnthers  a  Committee  to  examine  the  revisal 
of  the  Laws  now  in  force  in  this  Province  which  were  laid  before  this 
House  last  Session  of  Assembly  in  conjunction  with  such  of  your  Board 
as  your  Honours  shall  think  proper  to  appoint. 

To  wiiich  this  Board  were  pleased  to  send  the  following  answer,  (viz) 

Mr.  Speaker  and  Gentlemen, 

In  answer  to  your  Message  by  Mr.  John  Dawson,  and  Mr.  Haywood, 
we  think  no  number  less  than  our  whole  House  will  be  sufficient  for  the 
purpose  you  mention,  as  we  consist  at  present  only  of  five  Members,  we 
shall  all  therefore  meet  your  Committe  at  the  Council  Chamber,  as  soon 
as  you  shall  think  fit. 


COLONIAL  RECORDS.  1001 


Tlien  the  House  adjourned  'till  Tiiree  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.     James  Murray.  ^ 
Roger  Moore.      James  Hasell.     >Esq"  Members. 
William  Forbes.  J 

And  adjourned  until  To-morrow  morning  Nine  o'  the  clock. 

Tuesday.  October  S"*.     Tiie  House  met  according  to  adjournment. 
Present. 

i  Eleazar  Allen.     James  Murray.  ~1 
Roger  Moore.      James  Hasell.     V  Esq"  Members. 
William  Forbes.  J 

And  adjourned  until  Nine  of  the  clock  in  the  morning. 

Wednesday.  October  4"'     The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.         William  Forbes ~j 
Roger  Moore.  James  Hasell.      V  Esq"  Members. 

James  Murray.  j 

Whereas  there  is  a  dispute  subsisting  between  the  Honourable  James 
Murray  and  William  Forbes  Esq"  on  the  precedency  of  their  seats  in 
Council 

Upon  debating  the  same,  it  is  ordered  that  the  said  Gentleman's  names 
stand  in  the  same  order,  as'  formerly  they  did,  in  the  Journals  of  this 
House,  until  the  said  dispute  shall  be  determined  by  the  Governor  in 
full  Council. 

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

Thursday.  October  5""     The  House  met  according  to  adjournment. 

Present. 

(  Eleazar  Allen.         James  Murray.    ~j 

The  Honourable <  Mathew  Rowan.     William  Forbes.  VEsq"  Members. 

( Roger  Moore.  James  Hasell.      j 

And  adjourned  until  To-morrow  morning  Nine  o'clock. 

Friday.  October  6""     The  House  met  according  to  adjournment. 

Present. 

(  Eleazar  Allen.         James  Murray.    ^ 

The  Honourable <  Mathew  Rowan.     William  Forbes.  >  Esq"  Members. 

( Roger  Moore.  James  Hasell.      J 

And  adjourned  until  to-morrow  morning  Nine  o'clock. 


1002  COLONIAL  RECORDS. 


Saturday  October  7*     The  House  met  aeeording  to  adjournment. 
Present. 

{Eleazar  Allen.         James  Murray.    ^ 
Mathew  Rowan.     William  Foi-bes.  vEsq''*  Members. 
Roger  Moore.  James  Hasell.      j 

And  adjourned  until  Monday  morning  Nine  o'clock. 

Monday.  October  9""     The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.         James  Murray.    ] 
Mathew  Rowan.     William  Forbes.  V  Esq''  Members. 
Roger  Moore.  James  Hasell.      j 

And  adjourned  till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.         James  Murray.    ~| 
Mathew  Rowan.     William  Forbes.  VEsq"  Members. 
Roger  Moore.  James  Hasell.      j 

Mr.  John  Swann  Brought  up  the  following  message  (viz.) 

Gentlemen  of  his  Majesties  Honourable  Council. 

We  have  appointed  Mr.  Johu  Swann,  Mr.  Thomas  Lovick,  Mr.  John 
Dawson,  Mr.  John  Starkey  and  Mr.  John  Haywood,  a  Committee  of  this 
House,  on  the  Publick  Claims,  to  join  those  of  your  House  as  you  shall 
think  fit. 

To  which  this  House  was  pleased  to  send  the  following  answer,  viz : 

Me.  Speaker  and  Gentlemen 

In  answer  to  your  message  relating  to  a  Committee  on  the  Claims,  this 
House  have  appointed  Mathew  Rowan  and  James  Hasell  Esq"  a  Com- 
mittee to  join  yours  on  that  service. 

Mr.  John  Swann  and  Mr.  John  Sampson  Brought  up  the  following 
Bdls  (viz.) 

A  Bill  for  an  Act  for  erecting  the  upper  part  of  Hanover  County 
into  a  County  and  Parish  b}'  the  name  of  Donagal  County,  and  Parish 
of  Fawn,  and  for  appointing  a  Place  for  building  a  Court  House,  Prison 
and  stocks  in  the  said  County.  And  also  for  dividing  Bladen  County,  and 
erecting  the  western  part  thereof  into  a  separate  County  and  Parish,  by 
the  name  of  Anson  County  and  S'  George's  Parish. 

A  Bill  for  an  Act  to  enable  the  Justices  of  the  several  Counties  to 
provide  certain  Law  books  for  the  use  of  their  County  Courts. 


COLONIAL  RECOEDS.  1003 


III  tlie  Ijower  House  read  the  first  time  and  past.  In  this  read  and 
l)ast. 

A  ]5iil  tor  an  Act  for  tiie  relief  of  the  ])Oor. 

A  Bill  for  an  Act  to  put  in  force  in  this  Province  several  Statutes  of 
the  Kingdom  of  England,  and  South  Britain,  therein  particularly  men- 
tioned. 

In  the  Lower  Houee  read  the  first  time  and  passed. 

Then  the  House  adjourned  till  tomorrow  morning  9  o'  the  clock. 

Tuesday.  October  10"'     Tiie  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.         James  Murray.  "  1 
Mathew  Rowan.     William  Forbes.  >Esq"  Members. 
Roger  Moore.  James  Hasell.      j 

Read  the  Bill  for  an  Act  to  enforce  several  Statutes  of  Great  Britain, 
in  this  Province  the  first  time  and  past. 

The  Bill  for  an  Act  for  relief  of  the  Poor,  read  the  first  time  and  past. 
Then  the  House  adjourned  'till  to-morrow  morning  Nine  o'  the  clock. 

Wednesday  October  11"'     The  House  met  according  to  adjournment. 
Present 

{Eleazar  Allen.         James  Murray.    ~| 
Mathew  Rowan.     William  Forbes.  V  Esq"  Members. 
Roger  Moore.  James  Hasell.      j 

And  adjourned  untill  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present 

{Eleazar  Allen.        James  Murray.    ~| 
Mathew  Rowan.     William  Forbes.  V  Esq"^'  Members. 
Roger  Moore.         James  Hasell.      j 

Mr.  Swann  and  Mr.  Starkey  Brought  up  tiie  following  Bills  (viz.) 

A,  Bill,  for  altering,  explaining  and  making  perpetual  an  Actentituled 
An  Act  for  the  better  regulating  the  Militia  of  this  Government. 

A  Bill  for  an  additional  Act  to  an  Act  entituled,  An  Act  to  provide 
indifferent  .Jurymen  in  all  Causes  both  Civil,  and  Criminal,  and  for  an 
allowance  for  their  attendance. 

A  Bill  to  revive  a  Clause  in  an  Act  of  the  General  Assembly  of  this 
Province,  intituled,  An  Act  to  fix  a  place  for  the  seat  of  Government, 
and  for  keeping  Publick  Offices,  for  appointing  circuit  Courts,  and  for 
defraying  the  expence  thereof,  and  also  for  establishing  the  Courts  of  Jus- 
tice, and  regulating  the  proceedings  therein,  past  the  fifth  day  of  Decem- 
ber 1746. 


1004  COLONIAL  RECORDS. 


A  Bill  to  confirm  the  several  Acts  of  Assembly  of  this  Province  therein 
meiitioued,  as  revised  by  the  Commissioners  appointed  by  an  Act  of  the 
General  Assembly  of  this  Province,  intituled  an  Act  for  appointing  Com- 
missioners to  revise  and  print  the  Laws  of  this  Province  and  for  grant- 
ing to  his  Majesty,  for  defraying  the  charge  thereof,  a  Duty  on  rum, 
wine  and  distilled  Liquors,  and  rice  imported  in  this  Province. 

A  Bill  to  appoint  a  Publick  Treasurer  in  the  room  of  the  Honourable 
Edward  Moseley  Esq'"  deceased. 

In  the  Lower  House  read  the  first  time  and  past. 

Then  the  House  adjourned  'till  tomorrow  morning  Nine  o'clock. 

Thursday.  October  12""     The  House  met  according  to  adjournment. 

Present 

r  Eleazar  Allen.        James  Murray.     ) 

The  Honourable  <  Mathew  Rowan.     William  Forbes.  >Esq"  Members. 

(Roger  Moore.         James  Hasell.      j 

Then  the  House  were  pleased  to  order  the  following  Bills  to  be  read 

(viz-) 

The  Bill,  to  revise  a  clause  in  an  Act  of  tlie  General  Assembly  inti- 
tuled An  Act  for  the  seat  of  Government  &c : 

The  Bill,  to  appoint  a  Publick  Treasurer  &c: 

A  Bill,  for  an  additional  Act  to  provide  indifferent  Jurymen  &c: 

The  Bill,  for  an  Act  for  making  perpetual  the  Militia  &c: 

The  Bill,  for  an  Act  to  confirm  the  several  Acts  of  this  Province. 

Read  the  said  Bills  the  first  time,  and  past. 

Mr.  Marsden,  and  Mr.  Clark  Brought  up  the  Bill  for  an  Act,  for  put- 
ting in  force  the  several  Statutes  of  the  Kingdom  of  England  &c :  in  this 
Province.  In  the  Lower  House  read  the  second  time  and  passed  with 
Amendments.  In  this  House  read  the  second  time,  and  passed  with 
Amendments. 

Mr.  Sampson  and  Mr.  Macklewain  Brought  up  the  Bill,  for  an  Act,  for 
dividing  the  upper  part  of  New  Hanover  County  into  a  County  and 
Parish,  and  also  the  upper  part  of  Bladen  County  into  a  County  and 
Parish  &c :  In  the  Lower  House  read  the  second  time  and  past  with 
Amendments. 

Mr.  Starkey  and  Mr.  Haywood  Brought  up  a  Bill,  for  an  Act  for  the 
relief  of  the  Poor  &c:  In  the  Lower  House  read  the  second  time,  and 
passed  with  Amendments. 

Then  the  House  adjourned  till  three  o'clock  in  the  atternoon. 

The  House  met  according  to  adjournment. 


COLONIAL  RECORDS.  1005 


Present. 
Eleazar  Allen.        James  Murray. 
The  Honourable <|  Mathew  Rowan.     William  Forbes.  ^  Esq"  Members. 
Roger  Moore.  James  Hasell. 

Mr.  Starkey  and  Mr.  Haywood  Brought  up  the  Bill  for  an  Act  to 
enable  the  Justices  to  provide  certain  law  books  for  the  use  of  their 
County  &c:  In  the  Lower  House  read  the  second  time  and  passed  with 
Amendments. 

The  Bill  for  an  Act  to  divide  the  upper  part  of  New  Hanover  County 
into  a  County  and  Parish,  and  the  upper  part  of  Bladen  into  a  County 
and  Parish.  &c  :  Read  and  the  question  being  put,  whether  the  said  Bills 
should  pass,  the  same  was  rejected. 

The  Bill  for  an  Act  to  enable  the  Justices  of  the  several  Counties  to 
provide  law  Books  &c:  Read  and  the  question  being  put  whether  the 
same  should  pass  the  same  was  rejected^ 

The  Bill  for  relief  of  the  Poor  &c:  read  the  second  time  and  rejected. 
Nemine  Contradicente. 

Then  the  House  adjourned  till  To-morrow  morning  Nine  o'clock. 

Friday  October  IS""     The  House  met  according  to  adjournment. 

Present. 

r  Eleazar  Allen.        James  Murray.    ~| 

The  Honourable  <  Mathew  Rowan.    William  Forbes.  V  Esq"  Members. 

( Roger  Moore.         James  Hasell.      j 

Mr.  Swann  and  Mr.  Starkey  Brought  up  the  following  Bills  (viz.) 

The  Bill  to  confirm  several  Laws  of  this  Province.  &c. 

The  Bill  for  altering  and  ex})laining  the  Militia  Law.  &c 

The  Bill  to  appoint  a  publick  Treasurer.  &c: 

The  Bill  to  revise  a  Clause  in  an  Act,  entituled  an  Act  to  fix  the  place 
for  the  seat  of  Government.  &c: 

"The  Bill   for  providing  indifferent  Jurymen.   &c.       In    the    Lower 
House  read  the  said  Bill  the  second  time,  and  passed  with  Amendments. 

The  Bill  to  confirm  the  several  Laws  of  this  Province.  &c:  Read  and 
passed  the  second  time. 

The  Bill  for  providing  indifferent  Jurymen.  &c:  Read  and  passed 
with  amendments  the  second  time. 

The  Bill  to  revise  a  clau.se  in  an  Act,  intituled,  au  Act  to  fix  a  place 
for  the  seat  of  Government.  &c:     Read  the  second  time  and  passed. 

The  Bill  to  appoint  a  publick  Treasurer.  &c:  Read  the  second  time 
and  passed. 

The  Bill  to  explain  and  alter  the  Militia.  &c:  Read  the  second  time 
and  past. 


1006  COLONIAL  RECORDS. 


Mr.  Starkey  and  Mr.  Swaiin  brought  up  the  Bill  to  enforce  the  sev- 
eral Statutes  of  Great  Britain  in  this  Province.  In  the  Lower  House 
read  the  third  time  and  passed  with  Amendments.  In  this  House  read 
the  third  time  and  past.     Ordered  the  same  be  sent  down  and  engrossed. 

Then  the  House  adjourned  until  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
(  Eleazar  Allen.        James  Murray.    ) 
The  Honourable^  Mathew  Rowan.     William  Forbes.  >  Esq"  Members. 
(_  Roger  Moore.         James  Hasell.      j 
Mr.  Sampson  and  Mr.  Haywood  Brought  up  the  following  Bills  (viz.) 
The  Bill  to  appoint  a  publick  Treasurer.  &c : 

The  Bill  for  altering,  explaining  and  continuing  the  Militia  Law.  &c: 
The  Bill  for  providing  indifferent  Jurymen.  &c: 

The  Bill  to  revive  a  clause,  in  an  Act,  intituled  an  act,  to  fix  a  place 
for  the  seat  of  Government.  &c : 

In  the  Lower  House  read  the  third  time  and  past. 

Then  the  House  adjourned  until  To-morrow  morning  9  o'clock. 

Saturday  October  14*     The  House  met  according  to  adjournment. 

Present. 

r  Eleazer  Allen.       James  Murray.    ") 

The  Honourable^  Mathew  Rowan.    William  Forbes.  V  Esq"  Members. 

( Roger  Moore.        James  Hasell.      j 

The  Bill  appointing  a  Treasurer.   &c :     Read    the    third   time,   and 

ordered  to  be  sent  down  &  engrossed. 

The  Bill  for  altering  and  explaining  the  act  for  regulating  the  Mili- 
tia. &c: 

The  Bill  to  revive  a  Clause  in  the  act  of  Assembly  for  fixing  the  seat 
of  Government.  &c : 

The  Bill  for  providing  indifferent  Jurymen.  &c :  Read  the  third  time, 
and  ordered  the  same  to  be  sent  down  and  engrossed. 

Then  the  House  adjourned  until  Monday  morning  nine  o'clock. 

Monday.  October  16""     The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.       James  Murray.    '^ 
Mathew  Rowan.    William  Forbes.  V  Esq"  Members. 
Roger  Moore.         James  Hasell.      j 
Mr.  M°Klewain   and    Mr.  Clark   Brought  up  the  following  message 
(viz.) 


COLONIAL  RECORDS.  1007 


Gentlemen  of  his  Majesties  Honourable  Council, 

We  have  appointed  Mr.  John  Starkey  and  Mr.  Dawson  a  Committee 
of  this  House  to  examine  and  compare  the  Laws  passed  your  Board  and 
tlie  .General  Assembly  this  Sessions  which  are  engrossed,  in  conjunction 
with  those  of  your  Board,  as  your  Honours  shall  think  fit. 

The  House,  on  reading-  the  above  message  thought  fit  to  appoint  the 
Honourable  James  Murray  and  William  Forbes  Esq"  a  Committee  of 
this  House  to  join  those  of  yours. 

Whereupon  the  Members  of  the  Lower  House,  in  a  Committee  came 
up  to  the  Council  Chamber,  and  the  Committee  of  both  Houses  pro- 
ceeded upon  comparing  the  said  Bills. 

Then  the  House  adjourned  until  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.         James  Murray.    V 
Matliew  Rowan.      William  Forbes.  VEsq"  Members. 
Roger  Moore.  James  Hasel.       j 

Then  his  Excellency  came  to  the  House,  and  sent  a  mandate  to  the 
Lower  House  Ordering  their  immediate  attendance.  Whereupon  the 
Speaker,  attended  by  the  House,  waited  upon  his  Excellency,  and  this 
Board  in  the  Council  Chamber  and  his  Excellency  gave  his  assent  to  the 
Act  to  put  in  force  in  this  Province,  the  several  Statutes  of  the  Kingdom 
of  England  &c: 

The  Act  to  revive  a  Clause  in  an  Act  of  the  General  Assembly  inti- 
tuled an  Act  to  fix  a  place  for  the  seat  of  Government.  &c : 

The  additional  Act  to  an  Act  for  providing  indi.fferent  Jurymen  &c: 

The  Act  to  appoint  a  Publick  Treasurer.  &c : 

The  Act  for  altering,  explaining  and  confirming  an  Act  for  regulating 
the  Militia.  &c : 

Then  his  Excellency  withdrew.  And  the  House  adjourned  until  to- 
morrow morning  nine  o'clock. 

Tuesday.  October  17""     The  House  met  according  to  adjournment. 
Present. 

{Eleazar  Allen.      James  Murray. 
Mathew  Rowan.  William  Forbes.  V  Esq"  Members. 
Roger  Moore.        James  Hasell. 
And  adjourned  until  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 


1008  COLONIAL  KECORDS. 


Present. 

(  Eleazar  Allen.      James  Murray.    "| 

The  Honourable  <  Mathew  Rowan.  William  Forbes.  V  Esq"  Members. 

( Roger  Moore.       James  Hasell.      J 

Mr.  Sampson  and  Mr.  Clark  Brought  up  the  following  Message,  (viz.) 

Gentlemen  of  his  Ma.testie's  Honourable  Council 

The  Commissioners  by  Law  appointed  for  stamping  and  emitting  the 
sum  of  Twenty  one  thousand,  three  hundred  and  fifty  pounds,  publick 
Bills  of  Credit,  and  for  exchanging  the  present  Bills  of  Credit,  having 
produced  to  this  house,  the  sum  of  seven  Thousand,  five  hundred,  and 
ninety  eight  pounds  of  the  Old  Bills  of  Credit,  by  the  said  Commis- 
sioners exchanged  this  House  have  resolved  that  the  same  be  burnt,  in 
the  publick  Street,  at  four  o'clock  this  evening,  in  presence  of  your 
Honours:  to  which  this  House  desires  your  Honours  concurrence,  and 
that  you  will  be  pleased  to  be  present  at  the  same. 

To  which  this  House  were  pleased  to  send  the  following  Answer  (viz.) 

Mr.  Speaker  and  Gentlemen 

This  House  concur  with  your  Message,  just  now  by  Mr.  Sampson  and 
Mr.  Clark  relating  to  the  burning  the  Bills  and  will  attend  at  the  time 
accordingly 

Mr.  Sampson  and  Mr.  Haywood  Brought  up  the  Bill  for  confirming 
the  Several  Acts  of  Assembly  in  this  Province  &c  :  In  the  Lower 
House  read  the  third  time  and  passed.  In  this  House  read  the  third 
time  and  passed. 

Ordered  the  same  to  be  sent  down  and  engrossed 

Then  the  House  adjourned  until  To-morrow  morning  Nine  o'clock. 

Wednesday  October  18""     The  House  met  according  to  adjournment 

Present. 

(  Eleazar  Allen.       James  Murray.    ^ 

The  Honourable  <  Mathew  Rowan.     William  Forbes.  VEsq"  Members. 

( Roger  Moore.         James  Hasell.      ) 

His  Excellency  the  Governour  came  to  tliis  House  and  sent  a  Message 

to  the  Lower  House,  commanding  their  immediate  attendance,  with  what 

Bills  were  engrossed.     Whereupon  Mr.  Speaker  attended  by  the  Lower 

House  waited  on  his  Excellency  the  Governour  in  the  Council  Chamber 

when  Mr.  Speaker  presented  for  his  assent  the  following  Bill  (viz:) 

The  Bill  to  confirm  the  several  Acts  of  Assembly  of  this  Province 
therein  mentioned  as  revised  by  the  Commissioners  appointed  by  an  act 


COLONIAL  RECORDS.  10(J!» 


of  the  General  Assembly  of  this  Province  intituled  an  Act  for  appoint- 
ing Commissioners  to  revise  and  print  the  Laws  of  this  Province,  and 
for  granting  to  his  Majesty  for  defraying  the  expence  thereof  a  Duty,  on 
wine,  rum,  and  distilled  liquors,  and  Rice  imported.  To  whicii  iiis  Ex- 
cellency was  pleased  to  assent,  and  then  made  the  following  Speech 
(viz  :) 

Gentlemen  of  his  Ma.jesties  Council,  the  Speaker  and  Gen- 
tlemen OF  the  House  of  Burgesses. 

It  is  with  great  satisfaction  that  I  now  congratulate  you  on  finishing 
the  revisal  of  your  Laws  in  order  to  their  being  printed,  a  work  earn- 
estly desired  by  and  zealously  struggled  for  by  every  honest  man,  for 
these  fifteen  years  past  but  never  could  be  got  accomplished  till  now,  by 
reason  of  the  violent  opposition  and  low  intrigues  of  a  restless  sett  of 
Men,  who  will  always  find  their  account  in  keeping  the  Country  in 
ignorance  and  confusion. 

It  is  from  this  happy  Period  you  may  date  your  having  any  Laws  at 
all,  for  when  Laws  are  not  duly  prooiulgated,  when  the  Copies  of  them 
are  hard  to  come^Jit,  and  abound  with  Errors  and  mistakes  of  different 
Transcribers;  such  a  scituation  is  really,  and  in  effect,  very  little  differ- 
ent from  being  entirely  without  Laws. 

It  must  be  a  vast  pleasure  to  you  Gentleuien,  when  you  reflect,  that 
Providence  twS  made  you  instruments  of  doing  so  much  good  to  your 
fellow-subjects,  your  Country  and  Posterity.  And  I  hope  that  what 
you  have  done  (tho  it  is  a  great  deal  more  than  could  have  reasonably 
have  been  expected  in  so  short  a  time)  is  only  an  Earnest  and  small  Be- 
ginning of  what  the  publick  may  expect  from  your  future  endeavours. 
There  are  many  things  essention  to  the  happiness  and  Posterity  of  So- 
ciety, still  wanting  among  us;  I  shall  only  point  out  two  of  them  at 
present:  the  first  is,  the  want  of  a  sufficient  Provision  for  maintaining 
the  Publick  service  and  Worship  of  Almighty  God  in  which  we  are 
most  shamefully,  and  beyond  all  other  Provinces  in  his  Majestys  domin- 
ions, deficient;  and  next  to  that,  a  Provision  for  the  fai'ther  security  of 
the  Estates  and  Properties  of  Widows  and  Orphans.  By  the  first  of 
these,  you  give  a  proof  of  that  Revenue  and  regard  to  the  Supreme 
Governour  of  the  Universe,  so  justly  due  to  Him  from  all  his  rational 
creatures,  and  without  whose  aid  and  Blessing,  all  your  other  endeavours 
will  prove  to  little  purpose:  By  the  second  you  will  have  an  opportunity 
of  shewing  a  becoming  pity  and  compassion  on  tlie  most  Feeble  and 
Helpless,  and  upon  that  account,  I  am  afraid,  frequently  the  most  in- 
jured and  oppressed  Part  of  the  Human  Species.  After  so  hard  and 
Vol.  4—109 


1010  COLONIAL  RECORDS. 


laborious  a  Session,  I  do  not  purpose  these  matters  to  your  immediate 
Consideration,  but  I  heartily  wish  you  would  consult  your  Constituents 
on  these  Points,  and  come  prepared  to  enter  upon  them  at  your  next 
meeting.  I  shall  detain  you  no  longer  Gentlemen,  only  wish  you  a 
hap]iy  return  to  your  Families  and  Plantations. 

GAB:  JOHNSTON. 

And   then  his  Excellency  was  pleased  to  prorogue  this  Assembly  to 
the  fourth  Tuesday  in  March  next,  to  be  then  held  at  Newbern. 


At  a  General  Assembly,  begun  and  held  at  Newbern  the  Twelve  day 
of"  Jinie,  in  the  Nineteenth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Second,  by  the  Grace  of  God,  of  Great  Britain,  France  and 
Ireland,  King,  Defender  of  the  Faith  &c:  and  in  the  year  of  our  Lord 
One  Thousand  Seven  Hundred  and  Forty  Six ;  and  from  thence  con- 
tinned,  by  several  Prorogations,  to  the  Twenty  Sixth  day  of  September, 
in  the  year  of  our  Lord,  One  Thousand  Seven  Hundred  and  Forty  Nine, 
in  the  Twenty  Second  year  of  his  said  Majesties  reign  :  being  the  Seventh 
Session  of  this  present  General  Assembly. 

Tuesday.  September  26.  1 749. 

The  Writ  for  electing  a  Member  to  serve  in  this  present  General  As- 
sembly for  Beaufort  County  in  the  room  of  Mr.  Benjamin  Peyton  one 
of  the  Members  of  the  said  County,  deceased,  was  returned  a  Certificate 
whereof  was  laid  before  this  House  by  the  Clerk  of  the  Crown,  by  which 
it  appeared,  that  Mr.  Wyriot  Ormond  was  elected  a  Member  for  the  said 
County,  in  the  room  of  the  said  Mr.  Benjamin  Peyton  deceased;  Pur- 
suant thereto  the  said  Mr.  Ormond  appeared,  toolc  the  Oatlis  by  Law 
appointed  for  his  Qualification,  subscribed  the  Test,  and  took  his  seat  in 
the  House  accordingly. 

And  then  the  House  adjourned  till  To-morrow  morning  8  o'clock. 

Wednesday.  Septeml)er  27.  1749.  The  House  met  according  to  ad- 
journment. His  Excellency  the  Governor  was  pleased  to  Prorogue  this 
Assembly,  until  Thursday  the  28"'  instant,  to  be  then  held  at  Newbern. 

Thursday.  September  28.  1749.  His  Excellency  was  pleased  to. pro- 
rogue this  Assembly  until  Monday,  the  second  day  of  October,  to  be 
then  held  at  Newbern. 

Monday.  October  2.  1749.     The  House  met  according  to  prorogation. 
Ordered.  That   tiic  Clerk    bring  into   this  House  the  revised  Laws 


COLONIAL  RECORDS.  lOJl 


which  were  laid  before  them  the  last  Session  of  Assembly  by  thf  Com- 
missioners appointed  to  revise  the  same.  And  tiiey  were  lai<l  i)efore  the 
House  aceordinp;ly. 

Mr.  Starkey  moved,  that  a  Committee  be  aj)poiiited  to  examine  the 
Revisal  of  the  said  Laws,  and  make  report  thereof  to  this  House ;  and 
that  a  Message  be  sent  to  his  Majesties  Honourable  Council  to  appoint 
such  Members  of  their  Board  as  they  shall  think  proper,  to  join  (he 
Committee  of  this  House,  for  examining  the  said  Revisal. 

Resolved.  That  Mr.  Swann,  Mr.  Starkey,  Mr.  Lovick  Mr.  M"Lewean 
Mr.  Marsden,  Mr.  Bartram,  Mr.  Herring,  Mr.  Haywood,  Mr.  Jones, 
Mr.  Dawson  and  JNIr.  Carruthers,  be  appointed  a  Committee  of  this 
House  to  examine  the  said  Revisal,  and  report  tiie  same  thereto.  And 
tjiey  are  appointed  aceordingjy. 

Sent  the  following  Message  to  his  Majesties  Honourable  Council. 

Gentlemen  of  his  Ma.jesties  Honourable  Council 

We  have  appointed  Mr.  John  Swann,  Mr.  Starkey  Mr.  Lovick  Mr. 
M°Lewean  Mr.  Marsden  Mr.  Bartram  Mr.  Herring  Mr.  Haywood  Mr. 
Jones  Mr.  Dawson  and  Mr.  Carruthers  a  Committee  to  examine  the  Re- 
visal of  the  Laws  now  in  force  in  this  Province  (which  were  laid  before 
this  House  last  Session  of  Assembly)  in  conjunction  with  such  of  your 
Board  as  you  siiall  think  proper  to  appoint. 

■   By  order.  S.  SWANN.  Speaker. 

Sent  the  above  Message  to  Mr.  Marsden  and  Mr.  Haywood. 
Received  the  following  message  from  the  Council,  viz. 

Mr.  Speaker  and  Gentlemen. 

In  ansM'er  to  your  Message  by  Mr.  Dawson  and  Mr.  Haywood  we 
think  no  number  less  than  our  whole  House,  will  be  sufficient  for  the 
purpose  you  mention,  as  we  consist  only  at  present  of  five  Members,  we 
shall  all  therefore  meet  your  Committee  at  the  Council  Chamber  as  soon 
as  you  think  fit.      By  order  of  the  Upper  House. 

R.   LOVETT.  Clerk. 

And  then  tlie  House  adjourned  till  To-morrow  morin'ng  Eight  o'Clock. 

Tuesday.  October  .3.  1749.     The  House  met  according  to  adjournment. 

Mr.  Haywood  moved  that  the  House  adjourn  till  to  morrow  morning 
nine  o'clock,  that  the  Members  appointed  of  the  Committee  to  examine 
the  Revisal  of  the  Laws  now  in  force,  may  join  those  of  the  Committee 
of  the  Council  appointed  by  that  Board  for  the  same  purpose.  Which 
was  agreed  to.  Nem.  Con, 


1012  COLONIAL  RECORDS. 


Ordered.  That  tlie  House  adjourn  accordingly. 

Wednesday.  October  4.  1749.  The  House  met  aceording  to  adjourn- 
ment. 

Mr.  Swann  moved  that  the  House  adjourn  till  tomorrow  morning 
nine  o'clock,  that  the  Committee  appointed  to  examine  the  revised  Laws 
now  in  force,  may  join  those  of  the  Council  appointed  by  that  Board  for 
the  same  purpose  ;  Which  was  agreed  to.  Nem.  Con. 

Ordered.  That  the  House  adjourn  accordingly. 

Thursday.  October  5.  1749.  The  House  met  according  to  adjourn- 
ment. 

Mr.  Swann  moved  that  the  House  adjourn  till  Tomorrow  morning  nine 
o'clock,  that  the  Committee  appointed  to  examine  the  revised  Laws  now 
in  Force  may  join  those  of  the  Council,  appointed  by  that  Board  for  the 
same  purpose,  which  was  agreed  to  Nem:  Con. 

Ordered.  That  the  House  adjourn  accordingly. 

Friday.  October  (j.  1749.     The  House  met  according  to  adjournment. 

Mr.  Sampson  moved  that  the  Hou.se  adjourn  till  Tomorrow  morning 
nine  o'clock,  that  the  Committee  appointed  to  examine  the  revised  Laws 
now  in  force  may  join  those  of  the  Council,  -appointed  by  that  Board  for 
the  same  pin-pose,  \\'hich  was  agreed  to.  Nem  :  Con : 

Ordered.  That  the  House  adjourn  accordingly. 

Saturday.  October  7.  1749.  The  House  met  according  to  adjourn- 
ment: And  then  adjourned  till  Monday  Morning  Ten  o'clock. 

Monday.  Octobei'  9.  1  749.     The  House  met  according  to  adjournment. 

Reported  by  the  Committee  appointed  to  examine  the  revised  Laws 
now  in  force  in  this  Province.  That  tiiey  had  diligently  examined  and 
compared  the  same  with  tiie  Originals  and  produced  the  said  revisal  to 
the  Hou.se,  for  their  approbation.     Tiie  Hou.se  approved  thereof 

Resolved.  Tiiat  the  said  Laws  .so  revised  be  printed  by  the  Commis- 
sioners appointed  for  that  purpo.se. 

Mr.  Swann  moved  that  a  Committee  be  appointed  to  .settle  and  allow 
public  claims  etc:  and  tiie  following  per.sons  were  accordingly  ap- 
pointed vi/.  Mr.  Swann,  Mr.  Lovick,  Mr.  Daw.son,  Mr.  Starkey  Mr. 
Haywood. 

Sent  the  following  message  to  the  Council  viz. 

Gentlemen  of  his  Ma.testies  Honourable  Council 

We  have  ap]iointed  Mr.  Swann,  Mr.  Lovick,  Mr.  Dawson,  Mr.  Starkey 


COLONIAL  RECORDS.  loi.i 


and  Mr.  Haywood  a  Committee  of  this  House  on  the  Piihlic  claims,  to 
join  sneii  of  your  Board  as  you  shall  think  fit  to  appoint. 

By  order.  S.  SWA  NN.  Speaker. 

Mr.  Swann  moved  for  leave  to  hrino;  in  a  Bill  to  put  in  Force  in  this 
Province  the  several  statutes  of  the  Kingdom  of  Enjiland,  or  South 
Britain  therein  particularly  mentioned. 

Ordered  that  he  have  leave,  and  that  he  prepare  and  brino-  in  the  same. 

Mr.  Sampson  moved  for  leave,  to  bring  in  a  Bill,  to  erect  the  Upper 
part  of  New  Hanover  County,  into  a  County  and  Parish  by  the  name 
of  Donegal!  County  and  Parish  of  Faun,  and  for  appointing  a  place  for 
building  a  Court-house,  prison  and  stocks  in  the  said  County;  and  also 
for  dividing  Bladen  County,  and  erecting  the  Western  part  thereof  into 
a  separate  Cinmty  and  Pai'ish,  by  tlie  name  of  Anson  County,  and  S' 
Georges  Parish. 

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

Mr.  Starkey  moved  for  leave  to  bring  in  a  Bill,  to  enable  the  Justices  of 
the  several  Counties  to  provide  certain  Law  Books  for  the  use  of  their 
County  Courts;  and  also  a  Bill,  for  the  relief  of  the  poor,  and  to  restrain 
vagrants. 

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

The  House  adjourned  till  two  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

Mr.  Swdnn  brought  in  a  Bill  to  put  in  force  in  this  Province  the  sev- 
eral statutes  of  the  Kingdom  of  England,  or  South  Britain,  therein  par- 
ticularly mentioned:  which  he  read  in  his  place. 

Ordered  that  the  same  do  pass,  and  be  sent  to  the  Council. 

Mr.  Sampson  brought  in  a  bill  to  divide  the  Upper  part  of  New- 
Hanover  County  &c:  which  he  read  in  his  place. 

Ordered  that  the  same  do  pass,  and  be  sent  to  tiie  Council 

Mr.  Starkey  brought  in  the  following  Bills  viz:  xV  Bill  to  enable  Jus- 
tices to  provide  certain  Law  Books  &c:  and  tiie  Bill  for  the  relief  of  the 
poor  &c;  which  he  read  in  his  place. 

Ordered,  that  the  same  do  pass  and  be  sent  to  the  C'ouncil. 

Sent  the  above  four  Bills  to  the  Council  by  Mr.  Swann  and  Mr. 
Sampson. 

And  then  the  House  Adjourned  till  Tomorrow  morning  Nine  o'clock. 

Tuesday.  October  10.  174i1.  The  House  met  according  to  adjourn- 
ment. , 

Received  from  the  Council  the  followinsj  messag-e.  viz: 


1014  COLONIAL  RECORDS. 


Mk.    SpflAKER    AND    GENTLEMEN, 

In  answer  to  your  message,  relating  to  a  C'ommitteiB  of  Claims,  tliis 
House  have  appointed  Mathew  Rowan  and  James  Hazell  Esq"  a  Com- 
mittee to  join  yours  on  that  service. 

By  order  of  the  Upper  House.  R.  LOVETT.  Clerk. 

And  also  the  following  Bills  viz : 

A  Bill  to  put  in  force  in  this  Province  the  several  Statutes  of  the 
Kingdom  of  England  or  South  Britain  &c: 

A  Bill  to  divide  the  Upper  part  of  New  Hanover  County  &c: 

A  Bill  to  enable  the  Justices  of  the  several  Counties  to  providt*  certain 
Law  Books  &c : 

And  the  Bill  for  the  relief  of  the  Poor  ttc: 

Endorsed  October  10.  1749.  in  the  Upper  House,  read  the  first  time 
and  passed.     By  order.  R.  LOVET.  Clerk. 

And  then  the  House  adjourned  till  To-morrow  morning  Nine  o'clock. 

Wednesday.  October  1 1.  1749.  The  House  met  according  to  adjourn- 
ment; and  then  adjourned  till  four  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

Mr.  Swann  moved  for  leave  to  bring  in  a  Bill  to  confirm  the  several 
Acts  of  Assembly  of  this  Province  therein  mentioned  as  revised  by  the 
Commissioners  appointed  by  an  Act  of  the  General  Assembly  of  this 
Province  intituled  an  Act  for  appointing  Commissioners  to  revise  and 
print  the  Laws  of  this  Province  and  for  granting  to  his  Majesty,  for 
defraying  the  Ex|>ence  thereof,  a  duty  on  Wine,  Rum  and  distilled 
Liquors  and  Rice  imported  into  this  Province. 

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

Mr.  Swann  brought  in  the  said  Bill  which  he  read  in  his  place. 

Ordered,  that  the  same  do  pass  and  be  sent  to  the  Council. 

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

Mr.  Starkey  moved  for  leave  to  bring  in  the  following  Bills,  to  wit 

A  Bill  to  revise  a  clause  in  an  Act  of  the  General  Assembly  of  this 
Province,  intituled,  an  Act  to  fix  a  place  for  the  seat  of  Government,  and 
for  keeping  public  Offices;  for  appointing  Circuit  Courts,  and  defraying 
the  expence  thereof,  and  also  for  establishing  the  Courts  of  Justice,  and 
regulating  the  proceedings  therein. 

A  Bill,  for  altering,  explaining  and  continuing  an  act,  entituled  an  act, 
for  the  better  resrulatina;  the  Militia  of  this  Government. 


COLONIAL  RECORDS.  1015 


And  the  Bill  for  an  additional  act  to  an  act  intituled  an  act  to  provide 
indifferent  Jurymen,  in  all  causes,  both  C-ivil  and  Criminal,  and  for  an 
Allowance  for  their  attendance. 

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

Mr.  Starkey  brought  in  tiie  above  Bills  which  he  read  in  his  place. 

Ordered,  that  the  same  do  pass  and  be  sent  to  the  Council. 

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

Mr.  Swann  moved  for  leave  to  bring  in  a  Bill,  to  appoint  a  Public 
Treasurer  in  the  room  of  the  Honourable  Edward  Moseley  Esq" 
decei^sed. 

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

Mr.  Swann  brought  in  the  above  Bill  which  he  read  in  his  place. 

Ordered,  that  the  same  do  pass,  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council,  by  Mr.  Swann  and  Mr.  Starkey. 

And  then  the  House  adjourned  till  To-morrow  morning  Nine  o'clock. 

Thursday.  October  12.  1749.  The  House  met  according  to  adjourn- 
ment. 

Received  the  following  mes.sage  from  his  Excellency  the  Governor 

Mk.  Speaker  and  Gentlemen 

I  herewith  send  you  an  Instruction  I  have  lately  received  from  his 
Majesty  wherein  you  will  see  I  am  ordered  to  recommend  to  the  Assem- 
bly, to  make  speedy  Provision  in  such  manner  as  you  shall  think  fit  for 
the  defraying  the  charge  of  surveying  certain  Lands,  granted  by  his 
Majesty  to  the  Palatines  of  thisjpart  of  the  Province:  I  hope  Gentle- 
men you  will  consider  of  this  affair  and  make  such  provision  as  will  be 
agreeable  to  his  Majesty's  gracious  Intention  signified  therein. 

GABRIEL  JOHNSTON. 

Council  Chamber.  October  11.  1749. 

Read  the  Bill,  to  put  in  force,  in  this  Province,  the  several  statutes  of 
the  Kingdom  of  England  or  South-Britain  &c:  the  second  time,  and 
passed  with  Amendments. 

Ordered  that  the  same  do  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bills  to  the  Council,  by  Mr.  Marsden  and  Mr.  Clark. 

Read  the  Bill  for  erecting  the  LTpper  part  of  New-Hanover  County 
into  a  County  and  Parish  (fee:  the  second  time  and  passed  with  Amend- 
ments. 

Ordered,  that  the  same  be  sent  to  the  Council. 


1016  COLONIAL  RECORDS. 


Sent  the  above  Bill  to  the  Council  by  Mr.  Sampson  and  Mr.  M'Lewean. 

Read  the  Bill,  for  the  relief  of  the  Poor  &c:  the  second  time,  with 
amendments. 

And  the  Bill  to  enable  the  Justices  of  the  several  Counties  to  provide 
certain  Law  Books,  for  the  use  of  their  Counties,  tlie  second  time. 

Ordered,  that  the  said  Bills  do  pass,  and  be  sent  to  the  Council. 

Sent  the  said  Bills  to  the  Council,  by  Mr.  Starke)^  and  Mr.  Haywood. 

Received  the  following  Bills  from  the  Council  viz:  The  Bill,  to  con- 
firm the  several  acts  of  Assembly  of  this  Province  therein  mentioned  as 
revised  by  tlie  Commissioners  appointed  to  revise  the  same:  And  the 
Bill,  for  an  additional  act  to  an  act,  intituled  an  act,  to  provide  indiffer- 
ent Jurymen  in  all  causes,  both  civil  and  criminal,  and  for  an  allowance 
for  their  attendance:  And  the  Bill  for  altering,  explaining  and  continu- 
ing the  act,  for  the  better  regulating  the  Militia  of  this  Government, 
and  the  Bill  to  revise  a  clause  in  an  act  of  the  General  Assembly,  inti- 
tuled, an  act  to  fix  a  place  for  the  seat  of  Government  &c:  And  the  Bill 
to  appoint  a  Public  Treasurer  &e:  Endorsed  Oct:  12,  1749.  In  the 
Upper  House  read  the  first  time  and  passed. 

By  order.  R.  LOVET  Clerk. 

Sent  the  following  message  to  his  Excellency  the  Governor : 

May  it  please  your  Excellency 

We  received  your  Excellency's  message  this  day,  wherein  you  recom- 
mend to  us  to  make  speedy  provision  for  defraying  the  expence  of  laying 
out  the  Lands  for  tlie  Palatines  in  his  Majesty's  Royal  Instruction  to 
your  Excellency  mentioned,  the  which  you  were  pleased,  at  the  same 
time  to  lay  before  us:  As  it  is  an  affair  that  will  require  some  time  for 
consideration  and  we  having  been  a  long  time  already  from  our  homes,  we 
therefore  hope  your  Excellency  will  keep  us  no  longer  than  while  we  can 
go  through  with  tlie  Laws,  now  under  our  consideration,  for  the  expe- 
diting the  printing  the  Body  of  the  Lavvs  of  this  Province  a  work  of 
great  consequence  to  the  Public;  we  must  therefore  beg  leave  to  post- 
pone the  consideration  of  the  said  Instruction,  and  your  Excellency's 
message  thereto  till  the  next  Session  of  Assembly. 

By  order.  S.  SWANN.  Speaker. 

Received  from  the  Council  the  Bill,  to  put  in  force  in  this  Province 
the  several  Statutes  of  the  Kingdom  of  England  or  South-Britain  &c : 
Endorsed.  Oct:  12.  1749.  In  the  Upper  House  read  the  second  time  and 
passed  with  Amendments.     By  order.  R.   LOVET.  Clerk. 

The  House  adjourned  till  Three  o'clock  in  the  afternoon. 


"COLONIAL  RECORDS.  1017 


P.  M.     The  House  according  to  adjournment. 

Read  the  second  time,  the  Bill  to  confirm  the  several  acts  of  Assembly 
of  this  Province  therein  mentioned,  and  passed  with  Amendments. 

Ordered,  that  tiie  same  be  sent  to  the  Council 

Sent  the  said  Bill  to  the  Council. 

Received  from  the  Council  the  following  Bills  viz:  The  Bill  to  divide 
the  Upper  part  of  New- Hanover  County  into  a  County  and  Parish  &c: 
And  the  Bill  to  enable  the  Justices  of  the  several  Counties  to  provide 
certain  Law  Books  &c:  Endorsed  Oct:  12.  1749.  Li  the  Upper  House, 
read  the  second  time  and  rejected     By  order. 

R.  LOVETT.  Clerk. 

And  the  Bill  for  the  releif  of  the  Poor,  and  to  restrain  Vagrants. 
Endorsed.  Oct:  12.  1749.  In  the  LTpper  House  read  the  second  time 
and  rejected.  Nem  :  Con  :     By  order. 

R.  LOVETT.  Clerk. 

Read  the  second  time  the  Bill,  t(j  confirm  the  several  acts  of  Assembly 
of  this  Province  therein  particularly  mentioned,  which  passed  with 
Amendments. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Read  the  second  time  the  Bill  for  an  additional  act,  to  an  act,  entituled 
An  Act  to  provide  indifferent  Jurymen  in  all  causes  both  civil  and  crimi- 
nal, <tc:  which  passed. 

Ordered  that  the  same  be  sent  to  the  Council. 

Read  the  second  time  the  Bill  to  revise  a  clause  in  an  act,  intituled  an 
act  to  fix  a  place  for  the  seat  of  Government  &c:  which  passed. 

Ordered  that  the  same  be  sent  to  the  Council. 

Read  the  second  time  the  Bill,  for  altering,  explaining,  and  continuing 
an  act  intituled  an  act  for  the  better  regulating  the  Militia  of  this  Gov- 
ernment; which  passed. 

Ordered  that  the  same  be  sent  to  the  Council. 

Read  the  second  time  the  Bill,  to  appoint  a  public  Treasurer,  in  the 
room  of  the  Honourable  Edward  Moseley,  deceased,  which  passed. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Sent  the  above  said  five  Bills  to  the  Council  by  Mr.  Starkey  and  Mr. 
Swann. 

And  then  the  House  adjourned  till  Tomorrow  morning  9  o'clock. 

Friday.  October  13.  1749.  The  House  met  according  to  adjournment. 
Read  the  third  time  the  Bill  to  put  in  force  in  this  Province  the  several 
statutes  of  the  Kingdom  of  England  or  South-Britain  &c:  which  })assed. 

Ordered  that  the  same  be  sent  to  the  Council. 


1018  COLONIAL  RECORDS. 


Sent  the  said  Bill  to  the  Council,  by  Mr.  Swann  and  Mr.  Starkey. 

Received  the  following  Bills  from  the  Council  viz:  the  Bill  to  confirm 
the  several  acts  of  Assembly  of  this  Province  therein  mentioned  :  the 
Bill  to  revive  a  clause  in  an  act  of  the  General  Assembly  intituled;  an 
act  to  fix  a  place  for  the  seat  of  Government  &c :  The  Bill  to  appoint  a 
public  Treasurer,  in  the  room  of  the  Honourable  Edward  Moseley  Esq" 
deceased:  The  Bill  for  altering,  explaining  and  continuing  an  act  inti- 
tuled an  act  for  the  better  regulating  the  Militia  of  this  Government. 
Endorsed  Oct.  13.  1749.  In  the  Upper  House  read  the  second  time  and 
passed.     By  order.  R.  LOVETT.  Clerk. 

And  the  Bill,  for  an  additional  act  to  an  act,  intituled,  an  act  to  pro- 
vide indiiferent  Jurymen  in  all  causes  both  Civil  &  Criminal  &c:  En- 
dorsed Oct :  13.  1749.  In  the  Upper  House  read  the  second  time  and 
passed  with  amendments.     By  order.  R.   LOVETT,  Clk. 

The  House  adjourned  till  Three  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

Read  the  third  time,  the  Bill,  for  altering,  explaining  and  continuing 
an  act,  intituled  an  act,  for  the  better  regulating  the  Militia  of  this  Gov- 
ernment, which  passed. 

Ordered  that  the  same  be  sent  to  the  Council. 

Read  the  third  time  the  Bill,  to  revive  a  clause  in  an  act,  intituled  an 
act  to  fix  a  place  for  the  seat  of  Government  &c:  which  passed. 

Ordered  that  the  same  be  sent  to  the  Council. 

Read  the  third  time,  the  Bill,  to  appoint  a  Public  Treasurer  in  the 
room  of  the  Honourable  Edward  Moseley  Esq'"  deceased,  which  passed. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Read  the  third  time,  the  Bill,  for  an  additional  act  to  an  act,  intituled 
an  act  to  provide  indifferent  Jurymen  in  all  causes  both  civil  and  crimi- 
nal &c :  which  passed. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Sent  the  above  said  four  Bills  to  the  Council,  by  Mr.  Sampson  and  Mr. 
Haywood. 

Mr.  John  Swann  informed  the  House  that  there  was  a  mistake  in  the 
sum  given  him  out  of  the  Public  Chest,  by  this  Assembly  last  session, 
to  pay  the  expence  of  the  Expedition  of  the  Invasion  of  the  Spaniards 
at  Cape  Fear,  of  Ninety  Pounds  Proclamation  Money,  over  and  above 
the  sum  ordered  to  be  paid  to  the  several  persons  on  the  said  Expedition  : 
which  said  sum  is  now  paid  by  the  said  John  Swann  into  this  House, 
and  lodged  in  the  hands  of  the  Commissioners  for  Stamping  and  Emit- 


COLONIAL  RECORDS.  1019 


ting  tlie  sum  of  Twenty  one  Thousand  Three  Hundred  and  Fifty  Pounds 
Proclamation  money  and  by  them  ordered  to  be  deposited  in  the  Chest 
with  other  Public  Monies. 

And  then  the  House  adjourned  till  To-morrow  morning  Nine  o'clock. 

Saturday,  October  14.  1749.  The  House  met  according  to  adjourn- 
ment. 

Read  the  third  time  the  Bill,  to  confirm  the  several  acts  of  Assembly 
of  this  Province  therein  mentionetl,  and  passed  with  amendments. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Sent  the  said  Bill  to  the  Council. 

Received  the  following  Bills  from  the  Council  viz:  The  Bill  to  revive 
a  Clause  in  an  act  of  the  General  Assembly,  intituled,  an  act  to  fix  a 
place  for  the  seat  of  Government  &c  :  The  Bill,  for  an  additional  act  to 
an  act,  intituled  an  act  to  provide  indifferent  Jurymen  in  all  causes,  both 
civil  and  criminal,  and  for  an  allowance  for  their  attendance :  the  Bill 
for  altering,  explaining,  and  continuing  an  act;  intituled,  an  act,  for  the 
better  regulating  the  Militia  of  this  Government:  the  Bill  to  appoint  a 
Public  Treasurer,  in  the  room  of  the  Honourable  I^dward  Moseley 
Esq"  deceased.  Endorsed  Oct:  14"'  1749.  In  the  Upper  House,  read 
the  third  time,  and  passed. 

Ordered,  that  the  same  be  sent  down  and  engrossed. 

By  order  R.  LOVETT,  Clerk. 

And  then  the  House  adjourned  till  Tomorrow  morning  Nine  o'clock. 

Monday  October  16""  1749.  The  House  met  according  to  adjourn- 
ment. 

Sent  the  following  message  to  the  Council  viz. 

Gentlemen  of  his  Majesties  Honourable  Council, 

We  have  appointed  Mr.  Starkey  and  Mr.  Dawson  a  Committee  of 
this  House  to  examine  and  compare  the  Laws  passed  your  Board  and 
the  General  Assembly  this  Session,  which  are  engrossed,  in  conjunction 
with  such  of  your  Board  as  your  Honours  shall  think  fit. 

By  order.  S.  SWANN,  Speaker. 

The  House  adjourned  'till  Two  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 
His  Excellency  the  Governor  sent  a  message  to  this  House  command- 
ing their  immediate  attendance  with  what  Bills  were  ingrossed. 


1020  COLONIAL  RECORDS. 


The  House  in  a  full  Body  waited  on  his  Excellencj-  the  Governor  in 
the  Council  Chamber,  and  presented  him  the  following  Bills,  for  his 
assent  viz : 

The  Bill  to  put  in  force  in  this  Province,  the  several  statutes  of  the 
Kingdom  of  England  or  South-Britain,  therein  particularly  mentioned. 

The  Bill,  to  ap])oint  a  Public  Treasurer,  in  the  room  of  the  Honoura- 
i)le  Edward  Moseley  Esq"  deceased. 

The  Bill,  for  altering,  explaining  and  continuing  an  act,  intituled  an 
act,  for  the  better  regulating  the  Militia  of  tiiis  Government.  The  Bill 
for  an  additional  act  to  an  act,  intituled  an  act,  to  provide  indifferent 
Jurymen  in  all  causes,  both  civil  and  criminal,  and  for  an  allowance  for 
their  attendance. 

The  Bill,  to  revive  a  clause  in  an  act  of  the  General  Assembly  of 
this  Province,  intituled  an  act  to  fix  a  place  for  the  seat  of  Government, 
and  for  keeping  public  offices;  for  appointing  Circuit  Courts,  and  de- 
fraying the  expence  thereof,  and  also  for  establishing  the  Courts  of  Jus- 
tice, and  regulating  the  proceedings  therein.  To  all  which  his  Excel- 
lency was  pleased  to  assent. 

The  House  returned. 

And  then  the  House  adjourned  till  To-morrow  morning  Nine  o'clock. 

Tuesday  October  17""  1749.  The  House  met  according  to  adjourn- 
ment. 

The  Committee  of  correspondence  having  laid  before  this  House  the 
several  Letters  and  other  papers  received  by  them  from  James  Aber- 
combie  Esq"  the  Agent  for  this  Province  in  London,  for  the  considera- 
tion of  the  House,  and  their  further  direction  ;  whereupon  after  the  said 
letters  and  papers  were  maturely  considered  by  the  House  they  came  to 
the  following  i-esolutions  viz: 

Resolved,  that  the  said  James  Abercombie  Esq"  have  the  thanks  of 
this  House  for  his  services  at  the  several  Boards  in  England  and  his 
frequent  advices  concerning  the  affiiirs  of  this  Province. 

Resolved,  that  the  said  Committee  of  Correspondence,  or  the  Majority 
of  them,  instruct  the  said  Agent  diligently  to  watch  all  attempts  made 
for  the  repeal  of  any  of  the  Laws  of  this  Province  and  that  he  use  his 
utmost  endeavours,  to  prevent  the  same,  and  get  a  confirmation,  by  his 
Royal  Majesty,  of  the  act.  intituled  an  act  for  the  better  ascertaining  the 
number  of  members  to  be  chosen  for  the  several  Counties  within  this 
Province  to  sit  in  General  Assembly,  and  for  establishing  a  more  equal 
Representative  of  all  his  Majesties  subjects  in  the  House  of  Burgesses: 
and  the  act,  intituled  an  act,  to  fix  a  place  for  the  seat  of  Govermnent 


COLONIAL  RECORDS.  1021 


and  for  keeping  Public  Offices;  for  appointing  Circuit  Courts  and  de- 
fraying the  Expence  thereof,  and  also  for  establishing  the  Courts  of  Jus- 
tice, and  regulating  the  proceedings  therein :  and  the  act  intituled  an 
act,  for  forming  a  Rent-Roil  of  all  thel^ands  holden  in  this  Province  for 
(jnieting  the  Inhabitants  in  their  possessions  and  for  directing  the  pay- 
ment of  Quit  Rents:  and  also,  an  act  for  an  additional  act,  intituled  an 
act  for  forming  a  Rent-Roll  to  his  Majesty  of  all  the  Lands  holden  in 
this  Province  for  quieting  the  Inhabitants  in  their  possessions,  and  for 
directing  the  ])ayment  of  Quit-Rents  :  and  that  if  in  getting  the  said 
Laws  confirmed,  the  said  Agent  shall  be  at  any  extraordinary  Pains  in 
his  application  for  that  purpose,  this  House,  on  notice,  thereof,  will  aug- 
ment his  Salary  from  this  Province  proportionably  to  such  service. 

Resolved,  that  the  said  Committee,  or  a  majority  of  them,  instruct  the 
said  Agent  to  appear,  in  behalf  of  this  Province,  and  join  his  Endeav- 
ours with  the  Agents  of  other  Provinces  under  his  Majesties  immediate 
Government,  in  respect  of  the  paper  Currency  in  ease  the  Bill  concern- 
ing the  paper  currency  in  America  should  be  revived  in  Parliament. 

Resolved,  that  this  House  will  re-imburse  the  said  Agent  all  the  nec- 
essary charges  and  disbursements  he  shall  or  may  be  at,  in  negociating 
the  affairs  of  this  Province  at  the  several  Boards  in  England,  exclusive 
of  his  salary. 

Resolved,  that  the  sum  of  Eighteen  Pounds,  Eighteen  Shillings  Sterl- 
ing Money  be  paid  to  the  said  Agent,  or  his  order,  for  his  Disburse- 
ments from  the  first  day  of  November  1747,  to  the  first  day  of  March 
1748-9.  at  the  several  Boards  iii  England,  as  appears,  by  his  account 
transmitted  here,  to  be  due  to  him. 

Resolved.  That  a  sufficient  sum  be  paid  to  the  Committee  of  Corres- 
pondence, out  of  the  Public  Treasury,  and  shall  be  by  them  remitted 
to  the  said  Agent  by  such  ways  and  means  as  they  shall  judge  most  for 
the  Public  Interest,  and  may  best  enable  them  to  answer  to  the  said 
Agent  his  Disbutsments  due  as  aforesaid;  And  also  the  Remainder  of 
his  whole  Salary  now  due,  or  becoming  due,  by  the  act,  intituled  an  act 
to  appoint  an  Agent  to  sollicit  the  afiPairs  of  this  Province  at  the  several 
Boards  in  England ;  and  that  this  House  will,  at  the  next  Session  take 
under  consideration  the  augmenting  the  salary  of  the  said  Agent. 

Resolved,  that  the  Committee,  or  the  Majority  of  them,  lay  before 
this  House,  at  tiieir  next  Session,  all  such  letters  and  other  Papers  as 
they  shall  then  have  received  from  the  said  Agent;  and  also  Copies  of 
all  such  Letters  or  other  Papers  as  they  shall  have  transmitted  to  them; 
and  also  accounts  of  the  Money  by  them  remitted  to  the  said  Agent. 
By  order.  S.  SWANN.  Speaker. 


1022  COLONIAL  RECORDS. 


Ordered,  that  the  said  Resolves  be  sent  to  the  Council. 
Sent  the  same  to  the  Council,  by  Mr.  Lovick  and  Mr.  Bell. 
Received  the  said  Resolves  from  the  Council.     Endorsed.  Concurred 
with.  E.  ALLEN.  Chairman. 

Mr.  Starkey  one  of  the  Commissioners  appointed  by  the  Act  for 
stamping  and  emitting  the  sum  of  Twenty  one  Thousand  Three  Hun- 
dred, and  Fifty  Pounds  Public  Bills  of  Credit  of  this  Province  at  the 
rate  of  Proclamation  Money  &c:  acquainted  this  House  that  the  .said 
Commissioners  had  exchanged  the  sum  of  seven  Thousand  Five  Hun- 
dred and  Ninety  Eight  Pounds  Six  Shillings  of  the  old  Money,  which 
he  produced  to  the  House,  and  moved,  tliat  the  said  old  Money  might  be 
burnt,  at  four  o'clock  this  Evening,  in  presence  of  the  Members  of  the 
Council  and  General  Assembly. 

Resolved,  tiiat  the  said  sum  of  Seven  Thousand  Five  Hundred  and 
Ninety  Eight  Pounds  Si.x  Sliillings,  old  money,  be  burnt,  in  presence  of 
the  Members  of  the  Council  and  General  Assembly  ;  and  that  a  Message 
be  sent  to  the  Council  to  be  present  at  the  burning  the  same. 

Sent  the  following  message  to  the  Council,  by  Mr.  Sampson  and  Mr. 
Clark,  viz: 

GentijEmex  of  his  Ma.jesty's  Honoukable  Council 

The  Commissioners  for  exchanging  the  Old  Bills  of  Credit  for  those 
of  the  New  Emission,  having  produced  to  this  House  the  sum  of  Seven 
Thousand  Five  Hundred  and  Ninety  Eight  Pounds  Six  Shillings  of  the 
Old  Currency,  by  them  exchanged,  this  House  have  resolved,  that  the 
same  be  burnt,  at  four  o'clock  this  evening  in  the  Public  Street,  in  the 
presence  of  the  Members  of  his  Majesty's  Honourable  Council  and  Gen- 
eral Assembly,  and  desire  your  Honours  will  be  present  at  the  same. 
By  order.  S.  SWANN.  Speaker. 

Received  the  following  message  from  the  Coiuicil.  viz: 

Mr  Speaker  and  Gentlemen 

This  House  concur  with  your  Mes.sage  just  now  by  Mr.  vSampson  and 
Mr.  Clark  relating  to  the  burning  the  Bills,  and  will  attend  at  the  time 
acicordingly.     By  order  of  the  Upper  Hou.se. 

R.  LOVETT.  Clerk. 

Read  the  third  time,  the  Bill,  to  confirm  the  several  acts  of  Assembly 
of  this  Province  therein  particularly  mentioned ;  which  ]iasscd. 
Ordered,  that  the  same  be  .sent  to  the  Council. 


COLONIAL  RECORDS.  1023 


Sfiit  tlie  ahovo  Bill  t(i  tlif  CVmncil,  by  Mr.  Saniji^on  and  Mr.  Hay- 
wood. 

Oil  Motion  of  Mr.  Marsdcn,  one  of"  the  Commissioners  for  the  public 
Ijtiildings  at  Wilminirton 

Resolved  that  the  sum  of  Nine  Pounds  Ten  Shillings  be  taken  out  of  the 
sum  of  Two  Hundred  and  Three  Pounds  Ele%-en  Shillings  and  Eleven 
Pence  lodged  in  the  Public  Chest  last  Session  by  Coll :  Moseley,  late 
Treasurer  as  part  of  the  Tax  for  the  Public  Buildings,  and  jiaid  to  the 
said  Marsden  to  be  by  him  applied  to  the  payment  of  the  Workmen  that 
have  finished  the  Goal  at  Wilmington,  it  being  the  amount  of  the  last 
year's  Tax  for  Public  Buildings,  collected  from  the  County  of  Onslow. 

Read  the  Petition  of  James  Davis,  Printer,  praying  that  half  a  years 
Salary  may  be  advanced  him  at  the  end  of  this  Session  of  Assembly,  and 
that  for  the  future  he  may  receive  his  Salary  by  half  yearly  payments 
&c:  which  being  maturely  considered,  the  House  came  to  the  following 
resolution,  viz: 

Resolved,  that  the  said  James  Davis  be  paid,  by  the  Commissioners 
for  stamping  and  emitting  the  sum  of  Twenty  one  Thousand  Three 
Hundred  and  Fifty  pounds  j)ublic  Bills  of  Credit,  at  the  rate  of  Procla- 
mation Money  &c:  out  of  the  Public  Treasury  by  a  Warrant  from  his 
Excellency  the  Governor  to  be  directed  to  the  said  Commissioners,  the 
sum  of  Eighty  Pounds,  Proclamation  Money  being  half  a  years  Salary 
that  will  be  due  to  the  said  James  Davis  the  Twenty  fifth  day  of  Decem- 
ber next :  that  the  said  sum  be  re-placed  in  the  said  Treasury  out  of  the 
Tax  arising  by  virtue  of  the  act  intituled,  an  act,  for  appointing  Com- 
missioners to  revive  and  print  the  Laws  of  this  Province,  and  for  grant- 
ing to  his  Majesty,  for  defraying  the  charge  thereof,  a  Duty  on  Wine, 
Rum  and  Distilled  Liquors,  and  Rice  imported  into  this  Province;  and 
the  Act,  to  alter  and  amend  an  act  iutituled,  an  act,  for  appointing  Com- 
missioners to  revise  and  print  the  laws  of  this  Province,  and  for  granting 
to  his  Majesty  for  defraying  the  charge  thereof  a  Duty  on  Wine,  Rum, 
and  distilled  Liquors  and  Rice  imported  into  this  Province. 

Mr.  Starkey  moved,  that  Mr.  Samuel  Swann  should  be  paid  the  sum 
of  One  Hundred  Pounds,  Proclamation  Money,  out  of  the  Money  aris- 
ing by  the  Act,  intitided,  an  act  for  appointing  Commissioners  to  i-evise 
and  print  the  Laws  of  this  Province  &c:  for  revising  the  said  Laws;  and 
that  he  be  also  paid  the  further  sum  of  one  Hundred  and  Thirty  Pounds, 
Proclamation  Money,  out  of  tlie  Public  Treasury,  to  enable  him  to  print 
the  said  Laws,  and  such  others  as  have  passed  since  the  said  Revisal. 

Resolved  that  the  sum  of  one  Hundred  Pounds,  Proclamation  Money, 
be  paid  to  the  said  Samuel  Swann  out  of  the  Monies  arising  by  virtue 


1024  COLONIAL  RECORDS. 


of  the  said  act,  bj'  a  Warrant  from  his  Excellency  the  Governor,  for  that 
purpose,  for  his  revising  the  said  Laws  and  that  the  further  sum  of  One 
Hundred  Pounds  Proclamation  Money,  be  paid  to  the  said  Samuel 
Swann,  out  of  the  Public  Treasury,  by  a  Warrant  from  his  said  Excel- 
lency the  Governor,  the  better  to  enable  the  said  Samuel  to  print  the 
said  Laws,  and  that  the  remaining  or  further  sum  of  Thirty  Pounds  be 
paid  to  the  said  Samuel  out  of  the  Public  Treasury,  when  he  siiall  have 
printed  the  said  Laws. 

Resolved  that  the  Rev:  Mr.  John  Lappiere  be  paid,  out  of  the  Public 
Treasury,  the  sum  of  Four  pounds  Proclamation  Money,  for  his  several 
sermons  preached  Before  the  Geueral  Assembly  this  Session. 

And  then  the  House  adjourned  till  To-morrow  morning  9  o'clock. 

Wednesday.  October  IS""  1749.  The  House  met  according  to  adjourn- 
ment. 

Received  from  the  Couucil  the  Bill,  to  confirm  the  several  Acts  of 
Assembly  of  this  Province  therein  mentioned  &c: 

Ordered,  tiiat  the  same  be  engrossed.  II.   LOVETT.  Clerk. 

Mr.  Lovick,  from  tiie  Committee  of  Claims,  reported,  that  the  Com- 
mittee had  examined  and  allowed  several  claims,  and  produced  the  same 
to  the  House. 

Ordered  that  the  same  be  read.  Read  the  said  report,  and  the  House 
concurred  therewith. 

Sent  the  same  to  the  Council  tor  their  concurrence. 

Resolved,  that  this  House  address  his  Excellency  the  Governor,  that 
he  will  be  pleased  to  give  orders  to  the  several  Officers,  to  have  all  the 
Records  lodged  in  their  respective  Offices  brought  to  Newbern  agreeable 
to  the  Law  of  this  Province,  directing,  that  the  several  Offices  shall  be 
kept  at  Newbern,  and  further  that  he  will  be  pleased  to  give  possitive 
orders  to  his  Majesty's  Attorney  Geueral,  to  put  in  suit  Sherifs  Bonds 
and  Bonds  entered  into  by  persons  employed  in  the  Receipt  of  the  Public 
Monies  of  this  Province  and  also  to  prosecute  all  persons  concerned  in 
the  receipt  of  Money,  on  the  Penalty  for  the  Breach  of  the  said  Acts,  or 
any  of  them. 

Ordered.  That  the  Resolves  of  yesterday  be  sent  to  the  Council. 

Sent  the  same  by  Mr.  Lovick  and  Mr.  Bell. 

Received  the  said  resolves  from  the  Council.  Endorsed,  concurred 
with,  E.  ALLEN.  Chairman. 

Sent  the  following  message  to  his  Excellenc}*  the  Governor,  viz. 


COLONIAL  RECORDS.  1025 


May  it  please. your  Excellency, 

This  House  desires  you  would  he  pleased  to  give  strict  Orders  to  the 
several  Officers  of  this  Province,  that  they  have  all  the  Records,  lodged 
in  and  belonging  to  their  several  Oifices,  brought  to  Newbern,  and  there 
deposited  agreeable  to  Law ;  and  further  that  you  would  be  pleased  to 
give  strict  orders  to  his  Majesty's  Attorney  General  to  put  in  suit  all 
Bonds  entered  into  by  Persons  employed  in  the  Receipt  of  the  Public 
Monies  of  this  Province,  mIio  have  not  accounted  for  and  paid  tiie  several 
sums  by  them  received  for  the  use  of  the  Public;  and  also  to  prosepute 
all  Persons  concerned  in  the  Receipt  of  the  said  Money  on  the  Penalties 
for  the  Breach  of  any  the  several  Acts  of  Assembly  of  this  Province, 
directing  the  collecting  receiving,  and  paying  the  said  Money. 

By  order.  "  S.  SWANN.  Speaker. 

Received  from  the  Council  the  Reports  of  the  Committee  of  Claims: 
Endorsed,  concurred  with.  E.   ALLEN.  Chairman. 

Resolved.  That  tlie  several  Claims  allowed  this  Session  of  Assembly 
agreeable  to  the  Rejjort  thereof  concurred  with  by  his  Majesty's  Honour- 
able Council  of  this  House ;  and  also  the  Allowances  due  to  his  Majesty's 
Honourable  Council,  the  Members  of  this  House  and  the  Clerk-s,  and  all 
other  Officers  of  the  said  Assembly,  be  paid  out  of  the  Public  Treasury. 
By  order.  S.  SWANN:  Speaker. ' 

Sent  the  above  resolve  to  the  Council,  for  their  Concurrence. 
Received  the  above  resolve  from  the  Council ;     Endorsed.  Concurred 
wi'th.  E.  ALLEN.  Chairman. 

The  House  adjourned  till  Two  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  Adjournment. 

John  Ives  of  Craven  County,  produced  a  Certificate  from  Craven 
Court,  thereby  certifying,  that  that  the  said  John  Ives  is  incajiable  of 
mustering,  working  on  the  public  roads,  and  paying  Taxes. 

Ordered.  That  he  be  exempt  from  mustering,  working  on  the  Roads, 
and  paying  Taxes. 

William  War,  of  Northampton  County,  produced' a  certificate  from 
Northampton  County  Court,  thereby  certifying  that  he  is  incapable  of 
doing  public  Duties  and  paying  Puldic  Taxes. 

Ordered  Tiiat  he  be  exempt  from  mustering,  working  on  the  roads  and 
paying  Taxes. 

Ezekiel  Fuller,  of  Northampton  County  produced  a  certificate  from 
Northampton  County  Court,  thereby  certifying,  that  he  is  incapable  of 
doing  Public  Duties,  and  paying  public  Taxes. 


1026  COLONIAL  RECORDS. 


Ordered.  That  he  be  exempt  from  doing  piihlic  Duties,  and  paying 
public  Taxes. 

William  Hines,  of  Northampton  County,  produced  a  certificate  from 
Northampton  County  Court,  thereby  certifying,  that  Joseph  Kelly  is 
incapable  of  doing  Public  Duties,  and  paying  public  Taxes. 

Ordered.  That  he  be  exempt  from  doing  Public  Duties,  and  paying 
Public  Taxes. 

George  Stringer,  of  Craven  County,  produced  a  certificate  from  Craven 
County  Court,  thereby  certifying,  that  he  is  incapable  of  ^vorking  on  the 
Roads,  and  doing  public  Duties;  and  that  John  Stringer,  his  son,  is  also 
incapable  of  doing  Public  Duties  and  paying  public  Taxes. 

Ordered.  That  they  be  exempt  accordingly. 

His  Excellency  the  Governor  sent  a  Message  to  the  House  command- 
ing their  immediate  Attendance  in  the  Council  C!hamber  with  what  Bills 
were  engrossed. 

The  House,  in  a  full  Body,  waited  on  his  Excellency-  the  Governor  in 
the  Council  Chamber,  when  Mr.  Speaker  presented,  for  his  assent,  the 
following  Bill,  viz: 

The  Bill  to  confirm  the  several  acts  of  Assembly  of  this  Province 
therein  mentioned,  as  revised  by  the  Commissioners  appointed  by  an  Act 
of  the  General  Assembly  of  this  Province,  intituled  an  act  for  appoint- 
ing Commissioners  to  revise  and  print  the  Laws  of  this  Province,  and  for 
granting  to  his  Majesty  for  defraying  the  Expence  thereof  a  duty  on 
Wine,  rum  and  distilled  Liquors,  and  Rice  imported. 

To  which  his  Excellency  was  pleased  to  assent :  and  then  made  tlie 
following  speech. 

Gentlemen  of  His  Ma.jesty's  Council,  Mk.  Speaker  and  Gen- 
tlemen OF  THE  House  of  Burgesses. 

It  is  with  great  satisfaction  that  I  now  Congratulate  you  on  finding  tiie 
revisal  of  your  Laws  in  order  to  their  being  printed;  A  Work  earnestly 
desired  by,  and  zealously  struggled  for,  by  every  honest  man,  for  these 
fifteen  by  past;  but  never  could  be  got  accomplished  till  now  by  reason 
of  tlie  violent  opposition  and  low  Intrigues  of  a  restless  sett  of  Men,  in 
will  always  find  t^ieir  account  in  keeping  the  Country  in  ignorance  and 
confusion. 

It  is  from  this  happy  period  you  may  date  your  having  any  Laws  at 
all,  for  when  Laws  are  not  duly  promulgated  when  the  Copies  of  them 
are  iiard  to  come  at  and  abound  with  errors  hnd  mistakes  of  different 
Transcribers;  such  a  situation  is  really,  and  in  effect  very  little  different 
from  being  intirely  without  Laws. 


COLONIAL  KFXJOKDS.  1027 


It  imi.st  1)0  a  vast  pleasure  to  you  Geiitleiiien,  when  you  reflect  that 
Proviflenee  has  made  you  instruments  of  doing  so  niueh  good  to  your 
fellow  subjects,  yonr  Country  and  Posterity,  and  I  hope  that  what  you 
have  done  (tho  it  is  a  great  deal  more  than  could  have  reasonably  been 
expected  in  so  short  a  time)  is  only  an  earnest,  and  small  beginning  of 
what  the  Publick  may  expect  from  your  future  endeavours. 

There  are  niauy  things  essential  to  tiie  happiness  and  prosperity  of 
Society  still  wanting  among  us;  I  shall  only  point  out  of  them  two  at 
present:  The  first  is  the  want  of  a  sufficient  Provision  for  maintaining 
tiie  public  service  and  worship  of  Almighty  God,  in  which  we  are  most 
shamefully  and  beyond  all  other  Provinces  in  his  Majestie's  Dominions 
deficient.  And  next  to  that  a  provision  for  the  farther  security  of  the 
Estates  and  Properties  of  Widows  and  Orphans.  By  the  first  of  these 
you  give  a  pi-oof  of  that  reverence  and  regard  to  the  Supreme  Governor 
of  the  Universe  so  justly  due  to  him  from  all  his  rational  Creatures,  and 
without  whose  aid  and  blessing,  all  your  other  endeavours  will  prove  to 
little  purpose,"  by  the  second,  you  will  have  an  opportunity  of  shewing 
a  becoming  Pity  and  compassion  on  the  most  feeble  and  helple.«s,  and 
upon  that  account,  I  am  afraid  frequently  the  most  injured  and  oppressed 
part  of  the  human  Species. 

After  so  hard  and  laborious  a  Session  I  do  n(jt  propose  these  matters 
to  yoitr  immediate  consideration,  but  I  heartily  wish  you  would  consult 
your  Constituents  on  these  Points  and  come  prepared  to  enter  upon  them 
at  your  next  meeting.  I  shall  detain  yon  no  longer  Gentlemen,  only 
wis!)  von  a  hajipy  return  to  your  Families  ami  Plantations. 

(iABRIEL  JOHNSTON. 

And  then  his  Excellency  was  pleased  to  prorouge  this  Assembly  to  the 
fourth  Tuesday  in  March  next,  to  be  then  held  at  Newbern. 

Mr.  Speaker  with  the  House  returned,  and  pronounced  the  Proroga- 
tion accordinglv. 


1750. 

[B.  P.  R.  O.  Am:  &  \V.  I.nd:  Vol.  OG  1 

My  Lord  [Duke  of  Bedford] 

I  had  the  Honour  of  your  Graces  of  the  20"'  of  April  Last  together 
with  a  Copy  of  an  act  of  parliament  lately  past,  Relating  to  the  Iron 
Manufactures  In  America,   In   Consequence    of  which  T  now  Inform 


1028  COLONIAL  RECORDS. 


Your  Grace,  That  there  are  no  slitting  mills,  nor  such   Forges  as  are 
Described  in  the  Act  in  this  province. 

Your  Graces  most,  &c.,  GAB  JOHNSTON 

Edenton  Sept'  20  1750. 


[B.  P.  R.  O,  B.  T.  .Journals.  Vol.  58.] 

BOARD  OF  TRADE  JOURNALS. 

Wedne.sday  March  21"  174^. 

Present 
Mr.  Pitt.  Lord  Dupplin. 

Mr.  Fane.  Mr.  Townshend. 
Read  an  Order  of  the  Lords  of  the  Committee  of  Council  dated  21" 
Nov.  1749  referring  to  this  Board  two  packets  of  papers  relating  to  a 
complaint  concerning  an  Act  pas.sed  in  North  Carolina  in  1746  for  the 
better  ascertaining  the  number  of  Members  to  be  cho.sen  for  the  several 
(••ounties  within  that  Province  to  sit  in  General  As.sembly  and  directing 
tliis  Board  to  proceed  in  the  examination  of  this  affair  and  make  their 
further  report  thereupon  to  the  Lords  of  the  Committee. 

Mr.  Abercromby  attending  moved  their  Lordships  to  appoint  a  day 
for  taking  the  above  mentioned  Order  and  Papers  into  consideration 
thereupon  Mr.  Abercromby  was  acquainted  that  their  liordships  should 
take  this  affair  into  consideration  on  Thursday  next  the  29*  inst.  when 
he  was  desired  to  attend  and  the  Secretary  was  order''  to  give  notice  to 
Mr.  M'Culloh  Agent  for  the  Petitioners  against  the  Act  to  attend  at  the 
same  time. 

Friday  March  23'"  174/^ 

The  Secretary  having  informed  their  Lordships  that  Mr.  M°Culloh 
Agent  for  the  petitioners  again.st  tiie  Act  passed  in  North  Carolina  for 
regulating  the  Assembly  liad  signified  to  him  that  he  could  not  be  pre- 
pared to  be  heard  by  Council  on  the  day  appointed  by  their  Lordships 
for  taking  this  affair  into  consideration  the  Secretary  was  directed  to 
write  to  Mr.  M°Culloh  and  also  to  Mr.  Abercromby  Agent  for  the  Prov- 
ince to  attend  on  Monday  next  the  26""  at  eleven  o'clock. 

•    Monday  March  2(3""  1750. 
Mr.  Abercromby  Agent  for  the  Province  of  North  Carolina  atid  Mr. 
M'Culloh  Agent  for  the  petitioners  against  an  Act  passed  there  for  regu- 
lating the  Assemlily  attending  as  desired  by  the  preceding  Minutes  Mr. 


COLONIAL  RECORDS.  1029 


M°Culloli  acquainted  their  Lordships  that  he  was  ready  to  be  heard 
thereupon  whenever  their  Lordships  should  appoint  thereupon  Tuesday 
24"'  of  April  was  agreed  upon  when  both  j>arties  were  ordered  to  attend. 

Tuesday  April  3'"  1750. 

Read  Mr.  Lamb's  report  upon  21  Acts  passed  in  the  Province  of 
North  Carolina  between  Nov"'  1746  and  Oct'  1748. 

Their  Lordships  taking  into  consideration  the  above  mentioned  Acts 
reported  upon  by  Mr.  Lamb  ordered  the  two  following  Acts  Viz : 

An  Act  for  the  better  ascertaining  the  number  of  Members  to  be  chosen 
for  the  several  Counties  within  this  Province  to  sit  in  General  Assem- 
bly and  for  establishing  a  more  equal  Representative  of  all  His  Maj- 
esty's Subjects  in  the  House  of  Burgesses. 

An  Act  to  fix  a  place  for  the  seat  of  Government  and  for  keeping  public 
offices  for  appointing  Circuit  Courts  and  defraying  the  expense  tiiereof 
and  also  for  establishing  the  Courts  of  Justice  and  regulating  the  pro- 
ceedings therein. 

to  be  sent  to  the  Attorney  and  Solicitor  General  for  their  opinion  there- 
upon and  that  the  petition  of  the  inhabitants  of  the  Northern  Counties 
against  the  first  mentioned  Act  should  likewise  be  sent  to  them  together 
with  all  such  evidence  and  papers  as  have  been  transmitted  in  support 
of  the  said  petition  as  well  as  in  support  of  the  Governor  Council  and 
Assembly  for  passing  the  said  Act  and  likewise  all  such  papers  that  have 
been  laid  before  the  Board  which  any  way  relate  to  that  matter. 

Resolved  that  the  Order  for  hearing  the  several  parties  concerned  in 
tiiis  attair  on  the  24""  inst.  be  discharged  and  that  the  Seci-etary  do  write 
to  Mr.  Abercroraby  Agent  for  the  Province  and  to  Mr.  M^Culloii  Agent 
for  the  Petitioners  against  the  Act  to  desire  their  attendance  at  the  Board 
tomorrow  morning. 

Wednesday  April  4""  1750. 

Mr.  Abercromby  Agent  for  North  Carolina  and  Mr.  M^Culloh  Agent 
for  the  Petitioners  against  the  Act  for  ascertaining  the  number  of  the 
Members  of  the  Assembly  attending  as  desired,  they  were  acquainted 
that  their  Lordships  had  referred  this  matter  to  his  Maj.  Attorney  and 
Solicitor  General  for  their  opinion  as  to  the  legality  of  the  Act  and  had 
ordered  all  such  papers  in  their  Office  as  relate  in  any  way  to  this  affair 
to  be  laid  before  them  and  that  the  order  for  hearing  the  partys  on  the 
24*  inst.  was  discharged. 


]();30  COLONIAL  RECORDS. 


Thursday  May  10""  1750 
Read  a  Memorial  of  the  Agent  for  North  Carolina   with  two  affida- 
vits taken  before  a  Master  in  Chancery  dated  tlie  8""  inst.  relating  to  the 
present  situation  of  aifairs  in  that  Province  and  praying  a  speedy  hear- 
ing on  the  petition  of  the  Northern  Counties 

Read  the  reply  of  the  Northern  Counties  to  Gov.  Johnston's  Answer 
to  their  petition  of  complaint. 

Ordered  that  the  Secretary  do  transmit  the  afore-mentioned  two  papers 
to  His  Maj.  Attorney  and  Solicitor  General  and  desire  their  opinion 
upon  the  two  Acts  lately  referred  to  them. 

Friday  May  11*  17.50. 

Mr.  Abercromby  Agent  for  the  Province  of  North  Carolina  attend- 
ing moved  their  Lordships  to  grant  him  a  copy  of  a  Law  lately  passed 
in  that  Province  for  the  better  regulating  the  payment  of  his  Maj.  Quit 
Rents  which  was  accordingly  granted  and  a  copy  thereof  ordered  to  lie 
made  and  delivered  to  him. 

Friday  August  SP'  1750 
Present 
Earl  of  Halifax 
Mr.  Pitt.  Mr.  Grenville 

Lord  Dupplin 
Read  the  following  letter  &  papers  from  Gabriel  Johnston  Esq.  Gov' 
of  North  Carolina,  Viz  : 

Letter  from  Mr.  Johnston  Gov"^  of  North  Carolina  to  the  Board  dated 
at  Edenton  22''  May  1749  acquainting  the  Board  that  he  shall  put  his 
Maj.  Orders  relative  to  the  poor  Palatines  into  immediate  execution  and 
referring  to  a  large  quotation  of  the  method  of  levyitig  taxes  in  that 
Colony  transmitted  b}'  him  to  the  Board. 

Letter  from  Mr.  Johnston  Gov'  of  North  Carolina  to  the  Board  dated 
at  Edenton  21"  Dec.  1749  relating  to  the  state  of  his  Maj.  Council  in 
that  Province  &  transmitting  Minutes  of  Council  from  the  S'*  to  the  4* 
April  1749. 

Letter  from  Mr.  Johnston  Gov'  of  North  C'arolina  to  Mr.  Hill  dated 
at  Edenton  the  16""  of  April  1750  inclosing  an  account  of  indigo  made 
in  that  Province  in  the  year  1749  and  acknowledging  his  having  received 
the  Board's  orders  to  make  answer  to  Mr.  M'Culloh's  Memorial 
Minutes  of  Council  of  North  Carolina  in  Sept.  &  Oct.  1749. 

DUNK  HALIFAX. 


COLONIAL  RECORDS.  .  1031 


Saturday  iSeptember  1"  1750. 
Ordered  that  tlie  draught  of  a  letter  to  Mr.  Johnston  Governor  of 
North  Carolina  in  answer  to  those  received  from  liim  since  the  Board's 
last  letter  be  prepared — which  was  agreed  to,  transcribed  &  signed. 

Tuesday  October  2.3'*  1750. 

The  Secretary  laid  before  the  Board  the  following  papers  received  from 
Mr.  Abercromby  Agent  for  the  Province  of  North  Carolina,  viz: 

The  Answer  of  Gabriel  Johnston  Esq.  Governor  of  North  Carolina  to 
the  Memorial  of  Henry  M°Culloh.  Depositions  and  other  original  papers 
in  support  of  Governor  Johnston's  answer  to  Mr.  M'Culloh's  Complaint 
against  him 

Copy  of  Mr.  Abercromby's  letter  to  the  Secretary  of  tlie  Lords  of 
the  Treasury  datal  tlie  25""  June  1750. 

Ordered  that  the  Secretary  do  write  to  Mr.  M'Culloh  to  acquaint  him 
that  the  Board  have  received  Gov'  Johnston's  Answer  to  his  Complaint 
against  him  and  to  desire  to  know  if  he  is  prepared  to  be  heard  there- 
upon. 

Wednesday  October  31"  1750. 

Read  a  letter  from  Mr.  M'^Culloh  to  the  Secretary  dated  the  29""  of 
Oct'  1750  acquainting  him  that  by  his  latest  advices  from  his  Agents  in 
North  Carolina  Mr.  Johnston  had  not  served  them  with  a  copy  of  his 
Answer  to  his  Memorial  or  the  Evidences  taken  thereon  and  had  also 
refused  the  seal  being  put  to  the  Evidence  taken  in  support  of  the  charge 
but  that  he  had  directed  the  papers  to  be  sent  over  by  his  Agents  forth- 
with and  as  soon  as  he  I'eceived  them  he  should  attend  the  Board  there- 
with. 

Wednesday  December  5*  1750. 

Read  a  letter  from  Gabriel  Johnston  Esq.  Gov'  of  North  Carolina 
dated  at  Edenton  1750  inclosing  an  account  of  five  ships  of  the 

Spanish  Flota  put  on  shore  on  the  coast  of  that  Province  by  the  Great 
storm  August  18'"  1750. 

N.  B.  A  copy  of  the  Account  inclosed  in  the  above  letter  was  sent  to 
the  Duke  of  Bedford  with  a  letter  from  the  Board  dated  29'"  Nov'  last. 

Tuesday  December  11'"  17.50. 
Read  Mr.  Attorney  and  Solicitor  General's  Report  dated  the  1"  inst. 
upon  two  acts  passed  in  North  Carolina  in  1746  referred  to  them  in  April 
and  Mav  last. 


1032  .  COLONIAL  RECOEDS. 


[From  the  MSS.  Records  of  North  Carolina  Council  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  begun  and  held  at  the  Council  Chamber  in  New  Bern 
the  28'"  day  of  March  Anno  Domini  1760. 

Present  His  Excellency  the  Governour 

rpu    tr     We  f  Nath  Rice         James  Murray  1  Esq"  Members  of  his 
\  Math  Rowan    James  Hasell    J      Majesty's  Council 

Read  the  Petition  of  John  Freeman  charging  John  Rieusett  a  justice 
in  the  Commission  of  the  Peace  for  the  County  of  Beaufort  with  divers 
abuses  and  Extra  judicial  proceedings  in  the  said  Office 

Ordered  that  the  said  Jolin  Rieusett  be  served  with  a  Copy  of  the 
said  Petition  and  that  he  appear  before  this  Board  on  Tuesday  next 
being  the  3*  day  of  April,  to  answer  to  the  said  Complaint 

Henry  Snoad  moved  the  Board  for- leave  to  prove  liis  rights  which 
was  granted  and  he  accordingly  swore  to  5  white  and  16  Black  Persons 
in  Beaufort  citunty 

At  a  Council  lield  at  tlie  Council  Chamber  in  New  Bern  the  29'"  day 
of  March  1750 

Present  His  Excellency  the  Governour. 

{Natii  Rice  James  Murray  1  tt.    „  »t      i 

Math  Rowan  and  >     3  c^.T^ir 

Roger  Moore      James  Hasell    j 
The  following  Persons  moved  for  leave  to  prove  their  own  and  others 
Rights  which  was  Granted. 


Whites. 

Counties. 

John  Duini 

2 

Craven 

David  Williams  by  John  Edwards 

2 

New  Hanvover 

Job  Merrix 

5 

Bladen 

Lewis  Powell  by  Math  Whitfield 

2 

Onslow 

William  Stanley 

(i 

Johnston 

Read  tlie  following  Petitions  for  Warrants  for  Land  Viz' 
Samuel  Huft'hams  150  Bladen,  Jolin  Dunn  150  Craven,  Job  Merrix 
320  Bladen,  David  Smith  100  D°,  James  Calef  640  Beaufort,  David 
Smitii  200  Bladen,  D°  150  D",  Alexander  Clark  300  D",  Arciiibald 
Clark  100  D°,  John  Fry  100  Beaufort,  Henry  Snoad  640  D°,  Joiin  Faw 
150  Onslow,  David  Hicks  50  Carteret,  Thonaas  Austin  400  D°,  Thomas 
Bell  50  D",  John  Edwards  500  Joiinston,  David  Williams  150  New 
Hanover,  John  Norman  300  Onslow,  James  Crauford  200  D°,  Nathaniel 
Everitt  100  D°.     Granted. 


COLONIAL  RECORDS.  1033 


At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  31"  Jay 
of  March  1750. 

Present  His  Excellency  the  Governour 
fNatiiRice  James  Mnrrav^  ^    «  i\r      i 

The  Hon«^<^  Math  Rowan  and        "    >     ^'f  CouSr 

(  Roger  Moore     James  Hasell    j 
Read  Sundry  Petitions  for  Warrants  for  Land  as  follows,  Viz' 
Roger  Mason  150  Craven,  Lewis  Powell  100  New  Hanover,  Samuel 
Uxford  100  Craven,  Robert  Conrtney  320  Onslow,  Edward  Griffith  100 
Craven     Granted 

The    following   Persons    on    Motion    were    Admitted   to   prove   their 
Rights,  Viz' 

Whites.     Blkcks.  County. 

Jacob  Paul  4  An-son 

William  Forbes  13  D" 

Read  tlie  following  Petitions  for  Grants  tor  Patents  Viz' 
John  Russ  200  Bladen,  Jean  Adams  300  Anson,  William  Bedingfield 
130  D°,  Henry  Bedingfield  200  D°,  Jurden  Gibson  100  D",  Peter  Gus- 
taves&  Joseph  Nobles  250  D°,  John  Holly  300  New  Hanover,  Tyree 
Harris  450  Anson,  Andrew  Lambert  600  D",  Robert  Lepper  375  D°, 
Joseph  M'Dowall  375  D",  Rachel  Price  400  D",  Abenton  Shirrell  200 
D°,  Joseph  White  Jun'  250  D"     Grauled 

Read  the  Petition  of  William  Shirrell   fur  a  (irant  for  six   hundred 
Acres  of  Land  in  Anson  County  and  Delayed. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  3''  day  of 
April  1750. 

Present  His  Excellency  the  Governour 

{Nath  Rice  James  Murray  ~)  t^    r«  » r      i 

Math  Rowan  and  V     J  QuTncir 

Roger  Moore     James  Hasell    J 
The  following  Persons  were  admitted  to  prove  their  own  and   others 
Rights  Viz' 

Michael  Higgins 

John  Corlew  by  William  Barker 

William  Carruthers  Sen' 

John  Ratclifl'  by  Richard  Lovett 

Patrick  Seward  i)y  Henry  Skibbon 

Charles  Cook  by  Ditto 

Charles  Ryall  by  Ditto 

Joseph  Brinkley  ~j^  James  M'^Manu'^ 

Vol.  4—110 


'bites. 

Blacks 

Couuty. 

8 

3 

Craven 

7 

Northampton 

5 

9 

Beaufort 
Johnston 

2 

New  Hanover 

3 

2 

D° 

5 

Onslow 

3 

4 

Eidsiecombc 

1034  COLONIAL   RECORDS. 


2 

6 

Craven 

1 

2 

D" 

9 

1 

D° 

John  Linkfiold 
Jolui  Francks 
John  Hilliard 

At  a  Council   held  at  the  Coniioil  Chamber  in  New  Bern  the  4"^  day 

of  April  1750 

Present  His  Exeeliency  the  Governour. 

f  Nath  Rice  James  Murrav )  t^,    „  ,,      , 

rp,     TT     bie  ]  AT  ii    T?  1        '    I  rj^ty   Members 

1  he  Hun""-;  Math  Rowan  and  V       |.  ^,         ,, 

( Roger  Moor      James  Hasel      j 

John  Freeman  appeared  and  informed  the  Council  that  upon  the 
Complaint  the  28""  of  March  last  against  John  Rieusset  'twas  Ordered 
that  he  apj)ear  before  this  Board  the  3'^  instant  and  make  Answer: 
Which  Order  the  said  Rieusset  had  been  served  with  accordingly,  but 
has  nevertheless  failed  to  appear. 

Then  the  said  Freeman  produced  several  Evidences,  who  being  sworn 
and  examined  upon  the  Subject  of  the  said  Complaint,  his  Excellency 
was  pleased  to  ask  the  Opinion  of  the  Council  thereon;  who  having  con- 
sidered thereof,  advised  that  a  further  time  might  be  given  the  said 
Rieussett  to  make  answer. 

Ordered  that  the  said  John  Rieussett  have  accordingly  time  till  the 
next  sitting  of  the  Council  to  answer  to  the  said  Complaint  and  that 
Mr.  F'reeman  have  a  Commission  in  the  mean  time  to  examine  such  fur- 
ther or  other  Evidences  as  he  shall  judge  proper 

Read  the  following  Petitions  for  Warrants  for  Land  \'iz' 

Alexander  Randolphs  200  Craven,  John  Corlew  640  Anson,  Adam 
Branson  200  Onslow,  Henry  Skibbon,  David  Williams,  Josiah  Thomas 
&  Edwaril  Doty  100  New  Hanover,  William  Carruthers  400  Craven, 
John  Aliderson  Jun''  120  Bladen,  Michael  Higgins  and  John  Rice  100 
Johnston,  John  Lovick  200  Craven,  Western  \AMlliams  300  Carteret 
Granted 

Mr.  Starkey  was  admitted  to  prove  Western  Williams'  Rights  which 
are  6  white  Persons  in  Carteret  County 

Read  Sundry  Petitions  for  Grants  for  Patents  Viz' 

William  Sherrel  GOO  Anson,  John  Bone  300  Anson,  John  Crawford 
300  D°,  Andrew  M°Gee  375  D°,  James  M'^Gee  250  D°,  George  Carthey 
220  D°,  Anthony  Charlescraft  100  Onslow,  Samuel  Wilson  100  D",  An- 
drew M°Gee  500  Anson,  Benjamin  Jackson  400  D°,  William  Prescott 
100  New  Hanover,  Richard  Wiggins  100  Craven,  Peter  Ellet  300  An- 
son, Abraham  Paul  20(J  D°,  Brewer  Sinexen  134  Bladen,  John  M°Gee 
120  Anson,  Thomas  Robinson  160  D",  Samuel  Hough  300  D°,  Robert 
Kilcriss  200  D°,  Andrew  Moorman  300  D",  D°  587   D°,  David  Smith 


Whiteb. 

Ulatks. 

County. 

3 

1 

Alison. 

3 

D° 

6 

D° 

4 

D° 

5 

D° 

5 

Bladen 

2 

Anson. 

COLONIAL  RKCOKDy.  lO.J/; 


200  Elatlen,  Tliunuts  Cox  440  Anson,  GillitTt  Biiie  KJO  Bladin,  Duncan 
Buie  100  D°,  George  Clements  100  Anson,  Samuel  Goodman  640  Bla- 
den, Mark  Philips  640  New  Hanover,  Jno  Edwards  200  Bladen,  .John 
Biackraan  200  Johnston,  Benjamin  Blackman  196  D",  Isaac  Overman 
200  Bladen,  John  Fryar  200  New  Hanover,  Gershom  Benbuw  200  Bla- 
den, Samuel  Pike  350  D°,  Robert  Cook  300  New  Hanover,  William 
Dees  100  Johnston,  Robert  Fellows  2o0  D°,  Thomas  George  300  Bla- 
den, Moses  Tilman  107  Craven,  James  Green  100  New  Hanover, 
George  Lane  100  Craven     Granted 

Francis  Mackilwean  on  Motion  was  atlmitted  to  prove  the  following 
persons  Rights  Viz' 

Samuel  Cobiirn 

George  Ren  nick 

John  Batley 

Thomas  Potts  &  Samuel  IJeasam 

.lames  Harmer 

William  Cockran 

John  Hamer 

Samuel  Uxford  was  admitted  to  prove  ids  Rights  wiiich  are  4  white 
persons  and  one  Black  in  Craven  County. 

Read  the  Petition  of  Henry  Snoad  setting  forth  that  Joel  Martin 
obtained  a  patent  from  the  late  Lords  Proprietors  for  six  hundred  and 
forty  Acres  of  Land  situate  in  Onslow  County  on  the  West  side  of  the 
Mouth  of  White  Oak  River  and  on  Queens  Creek  bearing  date  the  ninth 
day  of  Noveml^er  1713.  And  the  Petitioner  conceiving  there  is  more 
Land  comprised  witiiin  the  Courses  and  Distances  of  the  said  patent 
than  the  same  specifies  humijly  i)rays  a  Resurvey  thereon  which  is 
Granted  and  Ordered  that  the  Surveyor  General  do  accordingly  resurvey 
the  same,  and  make  report  of  his  Doings  to  this  Board  at  their  next 
Meeting. 

His  Excellency  was  pleased  by  and  with  the  advice  and  Assent  of  His 
Majesty's  Council  to  Order  that  a  Dedimus  issue  to  Edgecombe  County 
to  Qualify  Ambrose  Joshua  Smith  a  .Justit'c  of  the  Peace  witiiin  the 
same. 

At  a  C^iuncil  held  at  the  ('(luuril  ('hamlicr  in  New  Bern  the  li"'  day 
of  April  1700 

Present  His  Excellency  the  Governour 

{Natli  Rice  James  Murrav  ~)  t^    ,,  ,r      i 
,r  ,,    T,  ]         •    I  Esii"  Members 

Math  Rowan  and  >       J.  ^,         ., 

r,  -vr  T  u       1      (       '•!   Louncil 

Roger  Moore  .James  Hasel     J 


1036  COLONIAL  RECORDS. 


George  Nicholas  was  admitted  to  prove  his  Rights,  whicii  are  5  white 
Persons  in  New  Hanover  County. 

Read  the  Petition  of  Stephen  Cade  for  a  Grant  for  Two  hundred 
Acres  of  Land  in  Johnston  County  in  consequence  of  a  Warrant  duly 
surveyed  and  returned.  Mr.  Samuel  Appeared  in  behalf  of  William 
Stanley  and  opposed  the  Granting  of  the  said  Petition  setting  forth  that 
the  said  Stanley  had  a  Warrant  of  a  prior  Date  for  the  premises  and 
then  produced  Richard  Caswell  as  an  Evidence,  who  being  sworn  and 
Examined  in  relation  thereto,  declared  that  Cade's  Survey  included  a 
House  and  some  Improvements  of  the  said  Stanleys.  On  a  full  hearing 
of  tile  Arguments  on  both  sides  'tis  Ordered  that  a  Grant  pass  to  the 
Petitioner  Cade  for  the  said  two  hundred  Acres  of  LancT  he  leaving  out 
the  others  improvements. 

Read  the  Petition  of  Stephen  Cade  for  a  Grant  for  One  hundred  and 
fifty  Acres  of  Land  in  Johnston  County  in  consequence  of  a  Warrant 
duly  surveyed  and  returned.  Mr.  Swann  appeared  and  opposed  the 
same  in  behalf  of  Anthony  Herring  setting  forth  that  the  Land  or  great 
part  thereof  so  petitioned  for  by  Cade  as  aforesaid  was  within  the  Lines 
of  the  said  Herrings  Patent  Land.  The  matter  being  heard  and  duly 
considered,  it  is  Ordered  that  the  Surveyor  General  cause  a  Resurvey 
to  be  made  of  the  Lands  in  contest  between  the  Parties  at  their  mutual 
Costs  and  distinct  plats  of  each  Claimants  part  respectively  to  return  to 
this  Board  at  their  next  Meeting. 

Read  the  Petition  of  Robert  Peyton  for  a  Grant  for  six  hundred  and 
forty  Acres  of  Land  in  Beaufort  County  in  consequence  of  a  Warrant 
duly  Executed  and  returned,  To  which  Coleman  Roe  by  his  Counsel 
objected  shewing  that  he  had  a  prior  Warrant  for  the  Premises;  which 
had  been  didy  surveyed  but  by  means  of  the  death  of  John  Forbes, 
Deputy  Surveyor  the  same  was  not  yet  returned  into  the  proper  Office, 
praying  therefore  that  the  said  Peytons  petition  miglit  be  delayed,  till  a 
return  of  the  said  Roe's  Warrant  and  Survey  be  made.  Mr.  Swann  in 
behalf  of  Robert  Peyton  appeared  and  informed  the  Board  that  the 
Land  in  Question  was  a  Matter  of  Controversy  at  a  former  Council 
between  the  Petitioner  and  Elizabeth  Peyton  Ex"  of  Benjamin  Peyton 
Deceased,  When  on  a  full  hearing  'twas  Considered  and  adjudged  in 
favour  of  the  said  Robert  for  whom  he  therefore  prayed  a  Grant,  whit'li 
is  Ordered  accordingly 

Read  Sundry  Petitions  for  Grants  for  Patents,  Viz' 

William  Raineys  300  Johnston,  William  M°Kinney  200  D°,  Hugh 
Blaning  200  Bladen,  Hugh  Blaning  Jun^  200  D°,  Hugh  Blaning  200 
D°,  John  Davis  G40  D°,  Stephen  Cade  13.3  Johnston,  William  Teague 
175  D",  D"  200  D°,  James  M'Mamus  2681  Bladen,  D"  300  D°.  Granted 


COLONIAL  RECORDS.  1();57 


Read  the  Petition  of  Cornelius  Lynch  for  a  Resurvey  of  his  o\yn  and 
'  F^dniiind  Smitiiwick's  Tract  in  Johnston  County.  Then  was  read  the  Peti- 
tion of  Edmund  Sniithwick  for  a  Warrant  for  Two  hundred  and  Forty 
five  Acres  being  Surplus  Land  found  upon  a  resurvey  of  his  Tract  afore- 
said duly  made  and  returned  pursuant  to  an  Order  of  this  Board.  Mr. 
Herritage  appeared  in  beiialf  of  Cornelius  Lynch  and  opposed  the  grant- 
ing of  the  said  petition  setting  forth  that  the  said  Surplus  Land  was 
within  the  Lines  of  the  said  Lynche's  Patent  Praying  the  same  might 
therefore  be  delayed  which  is  accordingly,  and  Ordered  that  the  Surveyor 
General  cause  a  resurvey  to  be  made  of  the  said  Lynch  and  Smitiiwick's 
Tracts  as  above  prayed  for  at  the  former's  loss  and  make  report  thereof 
to  this  Board  at  their  next  Sitting 

Read  the  Petition  of  Thomas  Norwood  for  a  Grant  for  two  hundred 
Acres  of  Land  in  Craven  County  Ou  botii  sides  of  Lawsons  Creek  run- 
ning up  and  across  the  Road  Mr.  Lovett  appeared  in  behalf  of  the 
Heirs  of  William  Lester  Deceased  and  (jpposed  the  granting  tiie  said 
Petition  in  regard  the  same  interferred  with  Land  belonging  to  the  said 
Heirs.  Mr.  Swann  Council  for  the  Petitioner  Norwood  observed  to  the 
Board  that  the  affair  had  been  delayed  for  many  Conncels  past  to  the 
Prejudice  of  the  said  Norwood  and  moved  the  same  might  now  come  to 
a  final  hearing.  His  Excellency  upon  hearing  the  Arguments  on  both 
sides  was  pleased  to  refer  the  same  to  the  Council,  who  having  considered 
the  thereof  wei'e  of  Opinion  they  could  not  properly  proceed  to  a  decision 
without  a  sketch  or  plan  of  tiie  premises  being  first  laid  before  the  Board. 
Whereupon  tis  Ordered  that  the  matter  lye  over  till  the  next  Council, 
and  that  in  the  mean  time  the  Premises  be  Resurveyed  by  a  Surveyor  to 
be  Chosen  by  tiie  Parties,  and  distinct  plats  of  each  Claimants  part  re- 
spectively to  return  to  this  Board;  and  that  they  fail  not  then  to  come 
prepared  for  a  final  hearing  therein. 

Read  the  several  Petitions  of  James  Calef  and  John  Fry  for  certain 
Land  in  contest  between  the  Parties.  Ordered  that  the  matter  lye  over 
till  the  next  Council  and  that  the  parties  do  then  come  prepared  for  a 
hearing  therein. 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Thomas  Chadwick  40  Carteret,  Michael  Higgins  200  Craven,  John 
Ratcliif  250  Johnston,  Samuel  Uxford  200  Craven,  Robert  Brinkley 
500  Anson,  Charles  Robinson  100  D°,  Evan  Jones  Junior  100  New 
Hanover,  Patrick  Stewart  200  New  Hanover,  William  Stewart  100  D°, 
John  Cook  400  D",  John  Battey  500  Anson,  Samuel  Coburu  300  D°, 
Thomas  Potts  &  Samuel  Beasam  400  D°,  James  Hamer  .300  D°,  Wil- 
liam Starkey  (500  Johnston,  William  Coharan  .300  Anson,  John  Hamer 


1038  COLONIAL  RECORDS. 


200  D°,  George  Remiick  300  D°,  William  M'Henry  150  Craven,  Charles 
Ryal  480  New  Hanover,  Thomas  Rogers  300  Johnston     Granted 
Then  the  Council  adjonrned  till  3  o'clock  P.  M. 

The  Council  met  pursuant  to  Adjournment     Present  as  before 
William  Bartrim  on  motion  was  admitted  to  prove  the  following  Per- 
sons Rights  Viz' 


Whiles. 

Blacks.                   County. 

John  Locks 

4 

1                   Bladen 

Peter  White 

3 

D° 

Lsaae  Jones 

5 

1                      D" 

Evan  Ellis 

3 

D" 

Richard  Ca; 

swell  . 

on  Mo 

tion 

was  ad 

mitted 

to 

Pi 

•ove 

the  following  Per- 

sons  Rights  V 

■iz' 

John  Mann 

2 

whites  in  Johnston 

Richard  Sarsn 

utt 

2 

D°      in       T)" 

Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 

William  Forbes  640  Anson,  Jacob  Paul  200  D",  John  Lock  50  Bla- 
den, Peter  White  300  D°,  Isaac  Jones  400  D",  Evan  Ellis  100  D",  Rich- 
ard Sarsnutt  150  Johnston,  John  Mann  200  New  Hanover     Granted 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

John  Carrold  200  Craven,  William  M°Ilroy  100  D",  Henry  Folken- 
burry  80  Bladen,  James  Davis  ]00  Johnston,  John  Fishpool  150  D", 
John  M'llroy  76  D",  John  Atkinson  79  D°,  Samuel  U.xford  100  Craven 
Granted 

His  Excellency  was  pleased  by  and  with  the  advice  and  consent  of  his 
Majestys  Council  to  order  that  a  Commission  of  the  Peace  and  Dedimus 
issue  constituting  and  appointing  Thomas  Lovick,  Enoch  Ward,  David 
Shephard,  Josej)h  Bell,  Carry  Godbee,  John  Clitherall,  Thomas  Dudley, 
Moses  Houston,  Richard  Ward,  William  Gasketli,  David  Sliej)ard  Junior, 
George  M°Keen,  Dederick  Gible  and  Volentine  Wade  Esq'*  Justices  of 
the  peace  for  and  within  the  County  of  Carteret. 

Ordered  that  a  Commission  of  the  Peace  and  Dedimus  issue  Consti- 
tuting and  appointing  Francis  Stringer,  James  Mackilwean,  John  Becton, 
Simon  Bright,  John  Irons,  Abraham  Boyd,  John  Smitii,  Samuel  Smith, 
John  Herring  Senior,  Gilbert  Kerr,  John  Monk,  Robert  Butler,  John 
West,  John  Wade,  Needham  Bryan,  Henry  Garret,  Isaac  Williams  and 
William  Whitfield  E-sq"^  Ju.stices  of  the  Peace  for  and  within  the  County 
of  Johnston. 

Ordered  that  a  Dedimus  issue  to  Northampton  County  to  Quality 
Nicholas  Maggot  a  Justice  in  the  Commission  of  the  peace  within  the 
same. 


COLONIAL  RECORDS.  1039 


At  a  Council  held  at  the  Couneil  Ciiumber  in  New  Bern  the  7""  day  of 
April  1750 

Present  His  P]xcellency  the  Governour 
(  Nath  Rice  James  Murray  )  ^     .  ^g.^bg^s 

The  Hon""^  Math  Rowan  and  V^'^'j.  Council 

(  Roger  Moor       James  Hasell    j 
The  following  Persons  were  admitted  to  prove  their  Rights,  Viz' 

Whites.  Blacks.  (Jouuty. 

Elias  Ligardere  4  9  Craven 

Jeremiah  Vail  7  D° 

D°  14  New  Hanover 

John  Williams  5  14  Craven 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Williams  640  Craven,  Angus  Shaw  200  Bladen,  Henry  Sims 
200  D",  D"  150  D°,  Robert  Wakley  300  New  Hanover     Granted 

Thomas  Johnston  100  Bladen,  David  Morley  150  D",  William  John- 
ston 100  D",  John  Prothro  200  D°,  Joiin  Wliite  &  Dennis  Collomb  (J4U 
D°,  David  David  100  New  Hanover,  Clifton  Bowen  100  D°,  John  Hol- 
laway  640  Craven     Granted. 

Read  the  following  Petitions  for  Grants  for  patents  Viz' 

Peter  Starkey  218  Onslow,  Samuel  Negus  &  David  Bailey  400  Car- 
teret    Granted 

His  Excellenty  was  pleased  by  and  with  the  Advice  and  assent  of 
his  Majesty's  Council  to  Order  that  a  Commission  of  the  peace  and 
Dedimus  issue  constituting  and  appointing  John  Sampson,  W^illiam 
McKee  Senior,  George  Mears,  William  Houston,  Fredrick  Grey,  Andrew 
Thompson,  Francis  Brice,  Joseph  Williams,  Roger  Snell,  John  Herring, 
Nathaniel  Hill  and  John  Turner  Esq"  Justices  of  the  Peace  for  and 
within  the  County  of  Duplin 

Then  the  Council  adjourned  till  3  "Clock  P.  M. 

The  Council  met  according  to  Adjournment 

Present  His  Excellency  the  Governour 
■^pi     TT     bie  /  Nath  Rice         Roger  Moor      \^  Esq"  Members 
\  Math  Rowan    James  Murray  j      of  Council 
Read  Sundry  Petitions  for  Warrants  for  Land  as  follows  Viz' 
Timothy  Allen  200  Hyde,  James  Wilson  240  Anson,  Samuel  Stick- 
land  200  Johnston,  William  Smith  400  Anson,  Wyriot  Ormond  640  D°, 
Benjamin  Williams  640  Beaufort,  Benjamin  Roads  130  New  Hanover, 
George    Cheynewolf  200    Beaufort,    Ba.stuan    Best    400    Anson,    John 
M^Connell   300  D",   Henry  Whitaker  500  D°,  Reese  Morgan  200  D% 
John  M°Gee  300  D°,  Samuel  Richardson  225  Bladen,  Patrick  McDonald 


1040  COLONIAL  RECORDS. 


200  Anson,  John  Leith  150  Anson,  Henry  Bedingfield  300  D°,  James 
Pugh  100  Bladen,  Francis  Pugh  200  D°,  William  Pugh  200  Johnston, 
Lsaae  Odam  200  Bladen,  John  Jones  100  Craven,  Seth  Robens  &  Isaac 
Screwins  400  Carteret,  Henry  Whitner  1000  Anson,  Edward  Givins  400 
D°,  Charles  Hart  600  D°,  George  Cowan  400  D°,  Peter  Arrent  300  D% 
Robert  M"Cappin  315  D",  Henry  Whitner  600  D",  William  Pote  400 
D°,  James  Thompson  1,200  D°,  James  Alexander  640  D°,  William  Bar- 
nett  320  D",  James  Crawford  640  D",  John  Crawford  640  D",  Richard 
Hubbard  640  D",  John  Crawford  son  of  David  Crawford  640  D°,  Giles 
Clements  100  Bladen,  David  Lewis  640  Anson,  Evan  Lewis  640  D", 
Alexander  Lewis  640  D°,  James  Lewis  640  Anson,  James  Alexander 
400  D°,  Andrew  Davis  400  D",  James  Calef  640  Beaufort     Granted 

Read  the  following  Petitions  for  Grants  for  Patents,  Viz' 

Gilbert  Clark  150  Bladen,  Martin  Bender  400  Carteret,  D"  100  Cra- 
ven, Roger  Moor  200  D",  John  Fredrick  Margaret  300  D"     Granted 

His  Excellency  having  commanded  the  attendance  of  the  lower  House 
of  Assembly  thought  fit  to  prorogue  the  General   Assembly   'till   the' 
fourth  Tuesday  in  September  next  then  to  meet  at  New  Bern,  Ordered 
that  a  Proclamation  issue  accordingly. 

Read  the  Petition  of  Nathan  Smith  setting  forth  that  on  the  twenty 
sixth  day  of  March  1748  he  obtained  the  Kings  Patent  for  four  hun- 
dred Acres  of  Land  situate  in  Carteret  County  on  the  west  side  of  New- 
port river  and  on  the  East  side  of  Glovers  Creek,  but  it  appearing  upon 
a  Resurvey  thereof  that  the  Deputy  Surveyor  thro'  mistake  in  running 
out  the  Petitioners  Warrant  hath  included  in  his  Survey  266  Acres  of 
Land  belonging  to  Mr.  Henry  Chew;  his  true  Complement  is  no  more 
than  134  Acres;  Praying  therefore  that  the  Patent  may  be  altered  as 
also  the  Rent  Roll,  from  400  Acres  to  134  that  so  he  may  be  liable  only 
for  the  Quit  Rents  of  the  Land  he  really  holds ;  which  being  consid- 
ered by  the  Board,  tis  Ordered  that  a  new  patent  issue  to  the  said  Na- 
than Smith,  for  the  aforesaid  One  hundred  and  thirty  four  Acres, 
according  to  the  Plat  exhibited  to  the  Board  of  equal  date  with  the 
former  Patent;  and  that  the  rent  Roll  be  made  agreeable  thereto  as 
prayed. 

His  Excellency  was  pleased  by  and  with  the  Advice  and  Assent  of 
His  Majestys  Council  to  Order  that  a  Commission  of  the  Peace  and 
Dedimus  issue  constituting  and  appointing  Edward  Hyrne,  John  Swann, 
William  Faris,  John  Sampson,  George  Moor,  John  Daniel,  William 
Dry,  William  Ross,  Joseph  Blake,  William  Moor,  William  Matters  and 
Cornelius  Harnett  Esq"  Justices  of  the  Peace  for  and  within  the  County 
of  New  Hanover. 


COLONIAL  RECORDS.  1041 


Read  the  Petition  of  Arthur  Mabson  setting  forth  tiiat  his  Father  in 
liis  life  time  obtained  the  Kings  Patent  for  six  hundred  and  thirty  Acres 
of  land  situate  in  Carteret  county  at  the  Head  of  Hariows  Creelv  dated 
the  le""  day  of  December  1735  and  tiie  Quit  rents  thereof  hath  duly 
paid  but  there  appearing  since  tiie  death  of  the  Petitioners  Father  a 
proprietors  patent  in  the  name  of  James  Tooke  for  three  iiundred  and 
forty  Acres  part  of  the  Premises  aforesaid ;  whicli  the  Petitioner  hath 
purchased  for  a  valuable  Consideration.  He  humbly  prays  that  the  Au- 
ditor may  be  directed  to  alter  the  Rent  Roll  from  633  Acres  to  293  which 
is  all  he  holds  by  the  Kings  patent  and  to  enter  thereon  the  said  340 
Acres  which  the  Petitioner  purchased  as  aforesaid,  That  so  he  may  not 
for  the  future  be  liable  for  the  Quit  Rents  of  any  Land  but  what  he 
actually  holds,  which  is  Granted  and  Ordered  that  the  Auditor  do  alter 
the  Rent  Roll  and  incert  therein  the  aforesaid  340  Acres  acordingly. 

Ordered  that  a  Commissioner  of  the  Peace  and  Dedimus  issue  consti- 
tuting and  ap])ointing  Hugh  Blaning  Griffith  Jones,  Josepii  Clark,  James 
Lyon,  William  Bartram,  Samuel  Baker,  Benjamin  Fitzrandolph,  Ralph 
Miller,  Joiin  Brooks,  Jno.  Grange,  Thomas  White,  Jno  White,  Timothy 
Terril,  Henry  Simmons,  William  Pugh,  Jonathan  Evans  and  John 
Lock  Esq"  Justices  of  the  Peace  for  and  within  the  County  of  Bladen 

Ordered  that  Writs  of  Election  issue  to  the  Counties  of  Edgecombe, 
New  Hanover,  Duplin  and  Anson  returnable  the  fourth  Tuesday  of 
September  next. 

Bv  order  JNO  RICE  C.  C. 


At  a  Council  begun  and  held  at  the  Council  Chamber  in  New  Bern  the 
o*  day  of  July  Anno  Dom.  1750. 

The  Hon^"|  ?°S''''  ^t""'' u  \  Esq"  Members  of  Council 
(  James   Haseli  J        '■ 

His  Excellency  the  Governour  was  pleased  to  acquaint  the  Members 
of  Council  Present  that  his  Majesty's  Service  and  the  good  and  welfare 
of  the  province  require  the  calling  of  the  Assembly  together  at  this 
time,  that  the  lower  House  was  according  met,  but  by  reason  of  the 
Death  of  Eleazer  Allen  Esq'  a  late  Member  of  his  Majesty's  Council 
and  two  others  of  the  Council  being  out  of  the  Province  there  was  not 
a  sufficient  number  of  Councellors  to  act  in  a  Legislative  Capacity  (live 
Members  being  held  necessary  to  form  an  Upper  House)  and  desired 
their  Opinion  whether  it  would  not  be  highly  Proper  in  the  present 
conjuncture  to  appoint  a  Councellor  in  the  room  of  the  said  Eleazer 
Allen  Ksq^  deceased  untill  his  Majestys  pleasure  shall  be  known  thereon  ; 
which  the  Honourable  the  Council  unanimously  approved  of  Where- 
upon his  Excellency  by  and  with  the  advice  and  Assent  of  Council,  was 


1042  COLONIAL  RECORDS. 


pleased  to  nominate  Constitute  and  appoint  James  Innes  Esq"'  a  Member 
of  his  Majestys  Council,  for  and  within  this  Province.  And  the  said 
James  Innes  Esq'  being  called  to  the  Board  and  acquainted  therewith 
took  and  subscribed  the  several  Oaths  by  Law  appointed  for  the  Quali- 
fication of  Publick  Officers,  as  also  the  Oath  of  a  Counsellor,  and  his 
Place  at  the  Board  accordingly. 

Present — The  Honourable  .James  Innes  Esq' 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  6""  day  of 
July  1750. 

Present  His  Excellency  the  Governour 
(  Math  Rowan         .James  Hasell  1  t:.    „  at      i 
The  Hon^'J  Rosier  Moor  and  (  Ksq"  Members 


\ir-ii-        TT'     1  T  T  1       of  Council 

William  iorbes     James  Innes 

Mr.  Samuel  Swann  exhibited  in  Council  the  Petition  of  .Jennet  Boyd 
praying  the  same  might  be  read,  which  was  accordingly,  which  is  as  fol- 
lows. Viz' 

The  Petition  of  .Jennet  Boyd.  Sheweth. 

That  your  Petitioner  being  a  Widdow  and  living  in  easy  and  comforta- 
ble circumstances  intermarried  about  twelve  years  ago  with  one  John 
Boyd  with  whom  she  dwelt  during  the  said  Twelve  years,  and  behaved 
herself  as  a  faithfull  dutifull  obedient  and  industrious  wife  and  in  the 
said  Time  the  said  John  by  the  assistance  and  Industry  of  your  Petitioner 
acquired  a  considerable  Estate  in  Lands,  Cattle,  household  goods  and 
other  valuable  Effects.  But  now  so  it  is,  may  it  please  your  Excellency,, 
that  notwithstanding  the  Behaviour  of  your  Petitioner  as  Wife  to  the^ 
said  John  during  the  time  aforesaid  hath  been  blameless,  the  said  John 
without  any  manner  of  reason  or  provocation  (but  only  as  your  Petitioner 
hath  reason  to  believe  by  the  instigation  of  lewd  Women  who  your  Peti- 
tioner hath  too  much  reason  to  suspect  have  alienated  the  love  and  affec- 
tions of  the  said  .John  from  your  Petitioner  his  Wife)  doth  beat  abuse, 
wound  and  evil  intreat,  Your  Petitioner,  so  that  she  goes  in  perpetual 
peril  and  danger  of  her  Life,  Limbs  and  other  bodily  hurt.  And  the 
said  John  to  add  still  further  to  his  cruelty  to  and  deprive  your  Peti- 
tioner of  any  subsistance  either  in  his  life  time  or  after  his  decease  if  she 
should  survive  him  hath  made  a  voluntary  conveyance  of  his  whole 
Estate  real  and  Personal  with  Intent  to  reduce  your  Petitioner  to  the 
utmost  Misery  in  her  old  age. 

May  it  therefore  please  Your  Excellency  to  grant  to  your  Petitioner 
his  Majesty's  most  gracious  Writ  of  Suplicavit  to  bring  the  said  John 
before  vour  Excellency  in  the  most  Honourable  Court  of  Chancery  there 


COLONIAL  RECORDS.  1043 


to  find  siirities  and  pledges  for  his  peaceable  Behaviour  to  your  Petitioner 
And  further  that  your  Excellency  as  ordinary  in  this  his  Majestys  Prov- 
ince will  make  such  rule  and  Order  to  oblige  the  said  John  to  provide  a 
subsistance  for  your  petitioner  as  shall  be  agreeable  to  her  Estate  and 
degree  and  to  the  wisdom  and  known  Ecpiity  and  Justice  of  your  Ex- 
cellency 

And  your  Petitioner  as  in  duty  bound  shall  ever  pray. 

Which  being  considered  tis  Ordered  that  a  Writ  of  Suplicavit  do 
Accordingly  issue  against  the  said  .John  Boyd  agreeable  to  the  prayer 
of  the  said  Petition  and  also  a  Subpeana  to  the  said  John  Boyd  to  appear 
before  his  Excellency  the  Governour  as  Ordinary  to  Answer  the  other 
part  of  the  said  Petition   returnable  to  tliis  Board  at  their  next  meeting 

At  a  Council  held  at  the  Council  Ciiamber  in  New  Bern  the  7""  day 
of  July  1750. 

Present  His  Excellency  the  Governour 

{Math  Rowan     .James  Hasell ")  tt-    „  A,r      u         *• 
Roger  Moor  and  I    '''  cwS"'' 

Will  Forbes  .James  Innes  j 
Read  the  following  Petitions  for  Warrants  for  Land,  Viz' 
Simon  Herring  200  Johnston,  John  Fraucks  200  Craven,  Mary  Jones 
alias  Saucer  100  Bladen,  Thomas  Waman  100  Bladen,  John  Russ  Junior 
600  D°,  Henry  Cannon  .300  Craven,  William  Teague  400  Johnston, 
James  Oates  300  D°,  Richard  Caswell  Junior  200  D°,  Benjamin  Moor 
400  Bladen,  Andrew  Bett  50  Carteret,  William  Bartram  100  Bladen, 
William  Robards  400  D°,  Church  Bell  400  Carteret,  Joseph  Hauton  & 
Wm  Hill  150  D°,  George  Branch  300  Onslow,  Samuel  Swann  200  New 
Hanover,  D°  300  D",  D"  200  D°,  Seth  Robens  &  Isaac  Scriveiis  400 
Carteret,  Edward  Reaves  100  Bladen,  John  Howard  100  Onslow. 
Granted. 

Read  Sundry  Petitions  for  Grants  for  Patents  Viz' 
Habakkuk  Russell  50  Carteret,  Joseph  Jackson  400  Craven,  Benjamin 
Blount  .300  Johnston,  John  Rows  200  New  Hanover,  Benjamin  Clements 
400  Johnston,   Martin  Fryar  100  New  Hanover,  Robert  Fellows  200 
Johnston     Granted 

Richard  Caswell  600  Anson,  John  Fitzjarold  1.50  .Johnston     Granted 

Read  the  Petition  of  .John  I^ows  for  a  resurvey  of  a  Tract  of  Three 

hundred  Acres  in  Johnston  County.     Ordered  that  the  same  lye  over  till 

the  next  Council ;  and  that  the  petitioner  do  then  lay  his  Patent  before 

this  Board. 


1044  COLONIAL  RECORDS. 


At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  9*  day  of 
July  1750 

Present  His  fixcelleucy  the  Governour 

{Math  Rowan     James  Hasell  ^  ^^    „  n.r      , 
Roger  Moor  and  >    ^  CouncU '' 

Will  Forbes      James  Innes   j 

Read  the  petition  of  William  Carruthers  setting  forth  that  in  March 
last  he  entered  a  resurvey  on  a  patent  for  Land  held  by  Farnifold  Green 
.in  order  to  inform  himself  of  the  true  Bounds  thereof  and  then  to  peti- 
tion for  the  vacant  Land  adjoining  the  same,  but  not  having  the  Courses 
of  the  said  patent  and  James  Green  assuring  him  he  ^vould  deliver  him 
the  same  the  Petitioner  ceased  to  proceed  any  farther  therein  at  that  time. 
And  for  as  much  as  the  Petitioner  has  often  times  since  apjjlyed  to  the 
said  Green  for  the  Courses  aforesaid,  which  he  has  nevertheless  refused  to 
deliver;  and  in  regard  no  record  of  the  said  Patent  is  to  be  found  the 
Petitioner  humbly  prays  the  preference  of  a  resurvey  that  they  said 
Green  may  be  compelled  to  deliver  him  the  courses  aforesaid;  or  in  case 
Farnifold  Green  should  apply  for  the  said  resurvey,  that  they  same  may 
be  directed  to,  and  run  out  by  a  surveyor  who  shall  be  deemed  an  indif- 
ferent Person. 

Then  was  read  the  Petition  of  Farnifold  Green  and  James  Green 
showing  they  are  in  possession  of  a  Tract  of  One  Thousand  and  seven 
hundred  Acres  of  Land  granted  by  the  late  Lords  proprietors  Patent  to 
Farnifold  Green  their  Father  scituate  in  Craven  County  on  the  north 
side  of  Neuse  River  beginning  at  the  Sandy  point  of  Farnifolds  Creek. 
And  the  Petitioners  conceiving  there  is  more  Land  contained  within  the 
courses  and  distances  of  the  said  patent  than  the  same  specifies  humbly 
prays  a  resurvey  thereon :  Which  on  consideration  of  the  Board  is 
granted  and  Ordered  that  the  Surveyor  General  cause  the  same  to  be 
resurveyed,  and  that  Solomon  Rew  and  Richard  Caswell,  Deputy  Sur- 
veyor indifferently  chosen  and  appointed  in  Council  do  accordingly  run 
out  the  premises,  first  giving  the  Petitioner  William  Carruthers  notice 
thereof  and  that  a  report  of  their  Doings  therein  be  made  to  this  Board 
at  their  next  sitting. 

At  the  same  time  was  read  the  several  Petitions  of  Francis  Dawson, 
William  Carruthers,  .James  Green  and  Daniel  Shine  touching  the  prem- 
ises; which  are  Ordered  to  lye  over  til!  the  resurvey  granted  to  Farni- 
fold Green  and  James  Green  aforesaid  be  duly  made  and  returned 

Read  Sundry  Petitions  for  W^arrants  for  Land  Viz' 

Thomas  Mills  150  Craven,  Stephen  Calvert  200  D°,  John  Bradley 
100  D°,  Garret  Hyman  300  Beaufort,  Christopher  Dawson  100  Craven, 
Peter  Shaver  640  Bladen,  Gyles  Clements  100  Beaufort,  Henry  Gibbons 


COLONIAL  KECORDS.  1045 


300  Craven,  Francis  Brice  150  Duplin,  George  Harnage  200  New 
Hanover     Granted 

Read  tiie  Petition  of  William  Beasley  for  a  Warrant  for  Two  hundred 
Acres  of  Land  in  Craven  County  which  the  same  not  being  properly 
ascertained  is  delayed  till  the  next  Council. 

Read  the  Petition  of  Henry  Heaton  for  a  Warrant  for  One  hundred 
Acres  of  Land  in  Craven  County  and  delayed  till  better  ascertained 

Mr.  John  Rice  exhibited  in  Council  the  Petition  of  John  Mills  pray- 
ing the  same  might  be  read,  which  was  Accordingly  and  is  as  follows 
Viz' 

The  Humble  Petition  of  Jolm  Mills,  Sheweth, 

That  on  the  26"'  day  of  June  1746  he  obtained  the  Kings  Patent  for 
One  hundred  and  fifty  Acres  of  Land  lying  in  Craven  County;  which 
Patent,  and  the  plat  thereto  annexed,  are  Erroneous;  The  same  specify- 
ing on  the  North  side  of  Neuse  river,  beginning  at  the  head  of  a  Gut, 
at  a  white  Oak  and  runs  North  73  E'  257  pole  to  an  oak  then  S°  10  E' 
186  poles  to  a  stake  at  the  Creek  side  thence  up  the  several  courses  of  the 
Creek  to  the  first  Station.  When  the  same  should  have  been  thus,  At  the 
head  of  Powells  Creek,  and  on  the  North  side  of  Neuse  river,  between 
the  Lines  of  John  Nelson's  and  William  Morgan,  beginning  on  Pow- 
ell's Creek  at  a  white  Oak  joining  Nelsons  Line  and  runs  N°  73  E'  257 
poles  to  a  red  Oak  then  S°  10  E'  186  poles  to  a  stake  on  the  Creek  then 
np  the  Creek  to  the  first  Station 

That  the  reason  of  such  mistake  was  owing  to  the  Deputy  Surveyor, 
who  having  so  mislaid  the  Original  Plat  that  the  same  being  for  a  long 
time  not  to  be  found  was  obliged  to  return  a  plat  taken  from  his  field 
book,  and  that  as  your  petitioner  imagines  inadvertently.  That  the  true 
Warrant  and  Plat  being  at  length  returned  into  the  Seeretarys  Office 
Your  Petitioner  humbly  prays  that  a  new  Patent  may  issue  agreeable 
thereto,  of  equal  date  with  the  former,  and  that  the  old  Patent  may  be 
cancelled  and  the  record  expunged  the  same 

And  Your  Petitioner  as  in  duty  bound  shall  ever  pray 

The  Board  having  taken  the  said  Petition  into  their  consideration  and 
in  regard  the  record  not  appearing  thought  fit  to  postpone  the  same  till 
the  next  sitting  of  the  Council  and  Ordered  that  the  Secretarv  (having 
five  days  notice)  do  then  produce  to  this  Board  the  Patent  Book  that  the 
mistake  set  forth  in  the  said  petition  may  be  rectified  as  prayed. 
Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
William  Collins  300  Johnston,  John  Simpson  200  Onslow,  Samuel 
Baker  200  Bladen,  Thomas  Lovick  200  Craven,  John  Windows  100 
Johnston     Granted. 


1046  COLONIAL  RECORDS. 


At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  10""  day  of 
July  1750 

Present  His  Excellency  the  Govcrnour 

{Roger  Moor  ^ 
James  Hasell  >  Esq"  Members  of  Council 
James  Innes   j 
Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 
Peter  Matthew  50  Craven,  Richard  Cogdell  300  Johnston,  Isly  Kil- 
patrick  450  D°,  John   Vernan   150  Duplin,  Alexander  Lillington  640 
New  Hanover,  John  Herring  500  Duplin,  Jacob  Jernagiii  640  D°,  James 
Hasell  850  New  Hanover.     Granted. 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 
Joseph  Letchworth  200  Craven,  John  Ratcliffe  250  Johnston,  Charles 
Robinson  100  Anson,  William  Carrutliers  Juu'  300  Craven,  John  Cor- 
lew  640  Anson,  Robert  Briid<ley  500  D°     Granted 

His  Excellency  was  pleased  by  and  with  the  advice  and  assent  of  his 
Majesty's  Council  to  order  that  a  Dedimus  issue  to  Johnston  County  to 
Qualify  Thomas  Banks  Thomas  Ed  w;irds  William  Spight  Stejihen  Cade 
Joshua  Horton,  Samuel  Sandford  and  Philip  Trapiial  Justices  in  the 
Commission  of  the  Peace  for  and  within  the  same. 

His  Excellency  was  likewise  pleased  by  and  witii  tiie  advice  and  assent 
as  aforesaid  to  order  that  a  Dedimus  issue  to  Chowan  County  to  qualify 
John  Sumner,  Demsey  Sumner,  Thomas  Walton  and  Richard  Bond, 
Justices  in  the  Commission  of  the  Peace  for  and  within  the  same. 

Bv  order  •  JOHN  RICE  C.  C. 


At  a  Council  held  at  the  Council   Chand)er  in  New  Bern  the  27""  dav 
of  September  1750 

Present  His  Excellency  the  Governour 
Tl  J  H     "*  ^  Roger  Moor         James  Hasell  |^  Esq"  Members 
\  James  Murray     James  Innes    J      of  Council 
Read  Sundry  Petitions  for  Warrants  for  Land  Viz' 
Mattiiew  Cloves  &  John  Chegal  400  Anson,  Samuel  Howard  400  D°, 
Daniel   Warlick    1000  D°,  Peter  Harphel    600  D°,  D°  600  D°,  Daniel 
Warlick  200  D°,  D°  300  I)°,  D"  400  D",  D"  1000  D°,  D"  400  D°,  Peter 
Broyl  600  D",  Thomas  Roberts  150  Carteret,  Thomas  Eilbank   160  D", 
Shadraek   Allen    200   Craven,  Roger   Moor   Esq'   500   New   Hanover, 
Richard  Noorland  100  Johnston.     Granted. 


COLO.MAL  RECORDS.  1047 


At  ;i  Council  lield  at  the  Council  Chamber  in  New  Bern  the  28""  Sep- 
tcniher  17o() 

Present  His  Excellency  the  Governonr 

{James  Murray  "j  , 

James  Hasell"  V  Esq"  Members  of  Council 
James  Innes  j 
Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Robert  Leopards  300  Anson,  D"  200  D°,  Thomas  Williams  200  D", 
Thomas  Irvin  300  D",  Henry  Potts  1000  D",  Alexander  Osborn  600  D", 
Robert  Jennings  100  D°,  Thomas  Rennels  300  D°,  John  Shiarer  200  D°, 
Thomas  Rennels  600  D°,  John  Cowen  300  D",  Robert  Tennan  1000  D">, 
John  Brandon  505  D",  Thomas  Cook  1000  D",  Alexander  Osborn  600 
D°,  Henry  Oberry  100  D°,  William  Cockeran  200  Bladen,  John  Connerly 
300  Dupiin,  James  Oates  200  Johnston,  Richard  Caswell  Jnn'  100  D", 
Solomon  Ward  400  D°,  Thomas  Brigman  300  Bladen,  Joseph  Cannon 
300  Johnston,  Edmund  Knowles  200  D",  Walter  Kennedy  100  D", 
James  Kuykendal  600  Anson,  Mathew  Kuykendal  300  D",  Samuel  Wil- 
kins  640  Anson,  John  Bravard  400  D°,  James  Armour  600  D°,  Joseph 
Reid  640  D°,  Cornelius  Oneal  800  D°,  Lawrence  Snap  800  D°,  Leonard 
Killan  300  D",  Thomas  Sprot  400  D",  George  Cathey  600  D°,  William 
Barlet  500  D",  John  Brevard  640  I>,  Bartlet  Brown  400  I>°,  Joseph  Jones 
640  D",  Samuel  Allen  640  D",  William  Wilkins  640  D",  Jonathan  Wilkins 
640  D°,  John  Gullet  400  D°,  Samuel  Wilkins  800  D",  James  Carter  400 
D",  John  Brevard  400  D°,  Zebulon  Brevard  500  D",  Arthur  Patten  600 
D",  David  Davis  640  D",  John  M'Guyre  640  D°,  Robert  McDowell  640 
D",  Matthew  Tool  500  D°,  David  M°Peters  640  D°,  John  Thompson 
1000  D°,  D°  600  D",  Archibald  Hamilton  640  Anson,  James  Gillespie 
1280  D°,  D°  200  D",  James  Mackilwean  640  D",  Thomas  Herring  400 
D",  John  M'Connell  300  D°,  James  Roberts  640  Onslow,  James  Bonner 
200  Beaufort,  Jacob  Millar  250  Anson,  John  Batey  300  D°,  John  Wil- 
liams 100  New  Hanover,  William  Cohurn  200  D°,  Nathan  Johns 
160  D",  Joseph  Blake  640  D°,  John  Smith  66  D",  Job  Brooks  200  Ons- 
low, J(jhn  Brown  150  New  Hanover,  Roger  Mason  Jun"'  100  Hyde, 
Daniel  Oquirn  200  Craven,  James  Carter  300  Anson.     Granted 

Jeremiah  Vail  1000  Anson,  John  Cathey  600  D",  George  Hager  400 
D"     Delayed 

John  Cathey  640  Anson     Rtjected. 

Read  the  Petition  of  Maurice  Moor  setting  forth  that  Col"  William 
Forbes  obtained  the  Kings  Patent  for  One  Thousand  Acres  of  Land 
scituate  in  New  Hanover  Cf)unty  on  Nesbys  Creek  on  the  North  East 
river  of  Cape  Fear;  of  whom  the  Petitioner  purchased  the  said  Ijand, 
Who  conceiving  there  is  not  the  (Quantity  of  Land  contained  within  the 


1048  COLONIAL  RECORDS. 


Courses  aud  Distances  of  the  said  patent,  as  is  therein  specified,  Humbly 
pravs  a  resurvey  thereof  in  Order  to  ascertain  tlie  true  Quantity  that 
thereby  he  may  be  liable  only  for  the  Land  he  really  holds,  which  is 
"Granted  and  Ordered  that  the  Surveyor  General  do  resurvey  the  same* 
accordingly  and  make  report  of  his  doings  therein  to  this  Board  at  their 
next  Meeting. 

Read  Sundry  Petitions  for  Grants  for  Patents  Viz' 

Henry  Best  525  Johnston,  Edward  Outlaw  250  New  Hanover,  Wil- 
liam Smith  260  Anson,  John  Clark  150  Johnston,  William  Hines  65 
D°,  Mary  Jones  alias  Saucer  100  Bladen,  Thomas  Rogers  300  Johnston 
Granted 

The  following  Persons  on  Mention  to  the  Board  were  admitted  to 
prove  their  Rights  Viz' 

Abraham  Bnsset  3  white  in  Craven  County 

James  Carter  7      D°  in  Anson 

Ordered  that  the  Clerks  of  each  and  every  County  Court  within  this 
Province  do  prepare  an  exact  List  of  all  the  Taxable  persons  within 
their  respective  County,  for  the  year  1750;  aud  transmit  the  same  to 
the  Secretai'ys  Office  at  New  Bern,  on  or  before  the  fourth  Tuesday  in 
March  next.  And  that  the  Secretary  do  give  them  notice  thereof  accord- 
ingly 

Ordered  that  the  Clerk  of  the  House  of  Burgesses  have  notice  to  pre- 
pare from  the  Journals  of  that  House,  a  particulai'  Account  of  all  the 
Sums  of  the  Current  Bills  of  1734,  which  have  been  sunk  and  burnt, 
as  well  before  the  emission  of  the  present  Bills,  as  since;  and  that  he 
lay  the  same  before  this  Board  in  March  next. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  29""  Sej)- 
tember  1750 

Present  His  Excellency  the  Governour. 

{Roger  Moor      | 
James  Murray  V  Esq'''  Members  of  Council 
James  Hasell    j 
Read  the  several  Petitions  of  James  Armour,  George  Rennick  for  cer- 
tain Land   in   contest  between  the   parties   Scituate  in  Anson  County. 
The  Arguments  on  both   sides  and  the  Evidences  proiluced  on  the  part 
of  the   Petitioner   Rennick   being  duly  heard  and  considered.  Tis  Or- 
dered that  a  Warrant  issue  for  the  said  George  Rennick  for  the  Land  in 
Question  that  is  to  say  for  three   Hundred   Acres  of  Land  in    Anson 
County  agreeable  to  the  prayer  of  this  Petition 

Read  the  several  Petitions  of  James  Bezeau  and  William  Larkins  for 
certain  Land  in  contest  between  the  parties  lying  in  New  Hanover 
County  which  are  Ordered  to  lye  over  till  the  next  Council 


COLONIAL  RECORDS.  1()4!J 


Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Allen  600  Anson,  Adam  Piatt  200  Craven,  William  Webb  200 
Johnston,  Abraham  Busset  150  Craven,  Benjamin  Wheatley  640  Ons- 
low, Henry  Snoad  50  D",  Ricliard  Keen  200  N.  Hanover,  Robert  Wal- 
lace 100  D",  James  Williams  300  D°,  Joshna  Fewhauks  100  D°,  Ri(-h- 
ard  Daves  640  Craven,  Henry  Hover  200  D°,  Jacob  Millar  200  D",  D" 
200  D",  William  VViclsIiffe  f  Glovers  Consent  200  Craven,  John  Nelson 
50  Carteret,  Stephen  Clap  300  D°,  Isabella  Keith  640  Johnston,  John 
Famlin  100  Carteret,  Cornelius  Lynch  300  Johnston,  John  Peters  500 
Craven,  John  Smith  200  D°,  John  Anderson  100  D",  John  Williams  200 
Carteret,  William  Carruthers  Jun"'  200  Beaufort,  John  Williams  640 
Craven,  John  Piiilips  640  Anson,  George  Rennick  400  D°.     Granted 

The  Petition  of  John  Cathey  which  was  presented  the  28""  instant  for 
six  hundred  Acres  of  Land  in  Anson  County  being  again  read  to  the 
Board  and  considered  is  allowed. 

Read  Sundry  Petitions  for  Grants  for  Patents  Viz' 

Robert  Jones  282  New  Hanover,  John  Philips  300  Craven,  Andrew 
Cathey  200  Anson,  William  Stewart  100  Duplin,  Joiin  Cook  400  New 
Hanover,  David  David  100  D",  Charles  Ryall  420  Duplin,  James  Cook 
300  New  Hanover,  Henry  Skibbow  alias  100  D°,  William  Taylor  200  D", 
Joseph  Blake  200  D",  William  Houston  50  D°,  James  Thomas  150  D°, 
Patrick  Stewart  200  D°,  Henry  Whitner  1000  Anson,  William  Teague 
200  N.  Hanover,  Aaron  Wood  213  Johnston,  John  Batey  400  Anson, 
Samuel  Coburu  260  D°,  John  Hamer  170  D°,  Thomas  Potts  &  Samuel 
Beasam  400  D",  Preston  Gofurth  400  D°,  John  M^Connell  300  D",  John 
Leath  100  D°,  Thomas  Potts  400  D°,  James  Hamer  300  D°     Granted. 

Read  the  Petition  of  Stephen  Clap  setting  forth  that  Thomas  Nelson 
deceased  in  his  life  time  obtained  the  Kings  patent  for  one  hundred  Acres 
of  Land  scituate  in  Carteret  County  adjoining  to  the  South  side  of  Oc- 
cacock  Inlet,  Beginning  at  a  small  Creek  that  parts  the  Banks  from  an 
Island  of  Marsh  in  Pamplico  Sound.  And  conceiving  there  is  more 
Land  comprized  within  the  Courses  and  Distances  of  the  said  Patent 
than  is  therein  specified.  The  petitioner  humbly  prays  a  Resurvev 
thereof  which  is  Granted  and  Ordered  that  the  Surveyor  General  do 
accordingly  resurvey  the  same,  and  make  report  of  his  doings  therein  to 
this  Board  at  their  next  meeting. 

Read  the  Petition  of  Robert  Courtney  shewing  certain  Errors  in  his 
patent  and  plat  for  the  Land  he  lives  on ;  praying  to  have  the  same  rec- 
tified, as  well  as  the  record  thereof 

Ordered  that  the  affair  lye  over  till  there  is  a  full  Council,  and  that 
the  Secretary  do  then  prcjduce  the  Record  Book. 


1050  COLONIAL  RECORDS. 


The  Petition  of  George  Hagar  which  was  presented  the  28"'  Instant 
for  four  iuindred  Acres  of  Land  in  Anson  County,  being  again  read  to 
the  Board,  is  further  Delayed  till  next  Council 

Read  the  petition  of  Bastuan  Best  for  a  Grant  for  three  hundred  Acres 
of  Land  in  Anson  County  ;  which  being  opposed  is  deferred  till  the  next 
Council 

Whereas  upon  the  Petition  of  John  Freeman  of  Beaufort  exhibited 
to  the  Board  in  March  last,  setting  forth  that  John  Rieussett,  Gentle- 
man, one  of  the  Justices  of  the  said  County,  had  behaved  unworthily  in 
his  Office,  and  inconsistent  with  the  duty  of  a  Majistrate.  It  was  con- 
sidered and  Ordered  that  the  said  John  Rieusett,  appear  before  the  Coun- 
cil, at  the  present  Meeting,  to  answer  to  the  said  Complaint :  Which 
Order  the  said  John  Rieusett  having  contemptiously  disobeyed.  His  Ex- 
cellency was  therefore  pleased,  by  and  with  the  advice  and  consent  of  his 
Majesty's  Council  to  Order  the  said  Jphn  Rieusett's  name  to  be  struck 
out  of  the  Commission  of  the  Peace  for  Beaufort  County,  and  that 
accordingly  the  Chairman  do  strike  out  the  same  at  the  next  County 
Court 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  1"  Octo- 
ber 1750 

Present  His  Excellency  the  (xovernour 

rri        TT       ble   f  RogCr   MoOr       I    T^       „     -r         1  i-   /<  -I 

TheHon"''-    t  tt      n      Esq"   Members  ot  Council 

[  James  Hasell  J        ^ 

Read  Sundry  Petitions  for  Grants  for  Patents  Viz' 

Edward  Salters  1190  Beaufort,  Mark  Fergison  200  Craven,  Patrick 
Stainland  200  Craven,  Edward  Salter  665  Beaufort,  Jacob  Taylor  200 
Johnston     Granted 

At  a  Council  held  at  the  Council  Chamber  in  New  Bei-n  tiie  2''  Octo- 
ber 1750— P.  M. 

Present  His  Excellency  the  Governour 

The  Hon""/  f"^^'"  J^"°''^  \  Esq"  Members  of  Council 
1^  James  innes  J        '■ 

Read  the  following  Petitions  for  Warrants,  for  Land  Viz' 

Mathew  Prigens  300  New  Hanover,  John  Becton  400  Craven,  John 
Duncan  200  D°,  Benjamin  Roads  139  New  Hanover,  Lewis  Powell  640 
Anson,  Joseph  Carruthers  &  Francis  MackilWean  400  D°     Granted 

Read  Sundry  Petitions  for  Grants  for  Pate;its. 

John  Bradley  100  Craven,  George  Millar  100  D°,  Philip  Millar  200 
Bladen     Granted 


COLONIAL  RECORDS.  1051 


Upon  tlie  petition  of  William  Sims,  Captain  of  the  Fort  at  tlic  Mouth 
of  Cape  Fear  River,  complaining  tiiat  the  Wages  allowed  to  himself,  and 
two  Men  under  his  Command,  for  attending  the  said  Foil,  are  not  duly 
paid  ;  whereby  they  are  rendered  incapable  of  tiie  said  Service;  and  pray- 
ing to  be  relieved 

Ordered  that  Mrs.  Ann  Moseley,  Executrix  of  Edward  Moseley  Esq' 
Deceased,  do  fortliwith  pay  into  the  Hands  of  Commissioners, 

appointed  by  Law,  f^r  building  tlie  said  Fort,  the  sum  of  One  Tiiousand 
Pounds  proclamation  Money ;  to  be  by  them  applyed  for  and  towards 
the  use  of  the  said  Fort. 

On  Motion  of  Roger  Moore  Esq'  in  behalf  of  Fielder  Powell.  Or- 
dered that  a  Grant  pass  to  the  said  Fielder  Powell  for  four  Hundred 
Acres  of  Land  in  Craven  County  Scituate  on  the  South  side  of  Neuse 
River,  and  on  the  South  side  of  Wherrys  Branch  in  Consequence  of  a 
Warrant  to,  and  in  the  name  of  the  late  John  Powell,  duly  Executed 
and  returned  into  the  proper  Office. 

Ordered  tiiat  for  tiie  futnre  no  Entry  of  Land  be  made  nor  any  Sur- 
veys received,  LTnless  the  Person  making  such  Entry,  and  returning 
such  survey,  shall" depose  on  Oath,  before  such  Magistrate,  lawfully 
empowered  to  administer  the  same,  that  the  Species  of  Money  which  he 
tenders  in  payment,  for  the  fees  accruing  on  the  same,  be  actually  what 
he  received  from  the  Person  or  Persons,  for  whom  he  makes  such  entry, 
or  return  survey  as  aforesaid 


[B.  P.  K.  O.  North  Carolina.  B.  T.  No.  26.] 

LEGISLATIVE  JOURNALS. 

At  a  General  Assembly  begun,  and  held  at  Newbern  The  Twelfth  day 
of  June  in  the  Nineteenth  Year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Second  by  the  Gi-ace  of  God,  of  Great  Britain,  France,  and 
Ireland  King  Defender  of  the  faith  &c:  And  in  the  year  of  our  Ijord, 
One  Thousand  seven  hundred,  and  forty  six.  And  from  thence  con- 
tinued by  several  Prorogations,  and  adjournments.  To  the  Twenty  eigtlt 
day  of  March,  in  the  year  of  our  Lord,  One  Thousand  seven  hundred 
and  fifty,  in  the  Twenty  third  year  of  his  said  Majesties  Reign  being 
the  eigth  session  of  this  present  General  Assembly. 


1052  COLONIAL  RECORDS. 


In  the  Upper  House  March  28*  1750. 

Present  His  Excellency  the  Governor 

{Nathaniel  Rice      James  Murray  ~j 
Mathew  Rowan     James  Hasell.    V  Esq"  Members. 
Roger  Moore.  j 

Then  His  Excellency  came  to  the  House,  and  sent  a  mandate  to  the 
Lower  House,  commanding  their  immediate  attendance,  in  the  Council 
Chamber. 

Whereupon  the  Speaker,  attended  upon  by  the  Lower  House  waited 
upon  his  Excellency  who  after  making  a  short  ex  tempore  speech  di- 
rected them  to  return  to  their  House  and  forthwith  to  proceed  upon  busi- 
ness: which  they  accordingly  did.  And  the  House  adjourned  until  to- 
morrow morning.  Nine  o'Clock. 

Thursday  March  29*     The  House  met  according  to  adjournment 
Present. 
(  Nathaniel  Rice.      James  Murray.  ] 
The  Honourable  <  Mathew  Rowan.    James  Hasell.     >  Esq"  Members. 
(  Roger  Moore.  J 

Mr.  Starkey  and  Mr.  Ormond  Brought  up  the  following  messages 
(viz.) 

Gentlemen  of  his  Majesties  HoiouEABLE  Council. 

We  have  appointed  Mr.  John  Starkey,  Mr.  John  Dawson,  Mr.  Wy- 
riot  Ormond  and  Mr.  John  Haywood  a  Committee  to  examine  into  the 
state  of  the  Tax,  laid  for  erecting  the  Publick  buildings,  and  offices  at 
Newbern,  whether  the  same  have  been  regularly  accounted  for,  and  the 
reasons  why  the  said  publick  buildings  have  not  been  erected  and  built 
in  conjunction  with  such  of  your  board  as  you  shall  think  proper  to  ap- 
point. 

Gentlemen  of  his  Majesties  Honourable  Council. 

We  have  appointed  Mr.  John  Starkey,  Mr.  Thomas  Lovick,  Mr. 
Wyriot  Ormond,  Mr.  John  Dawson,  and  Mr.  John  Haywood,  a  Com- 
mittee of  this  House  to  examine  into  the  Treasurer's  accounts,  and  also 
a  Committee  on  publick  accounts,  and  claims,  to  join  those  of  your 
board  as  you  shall  think  fit  to  appoint. 

To  which  this  House  was  pleased  to  send  the  following  answer  (viz.) 

Mr.  Speaker  and  Gentlemen. 

In  answer  to  your  message  of  this  morning  regarding  the  appointment 
of  the  severall  Committees,  on  the  publick  accounts,  and  publick  claims, 


COLONIAL  RECORDS.  1053 


and  the  state  of  the  Tax  laid,  for  erecting  the  publick  buildings  &(f: 
The  House  hath  appointed  the  Honourable  Mathew  Rowan  and  Roger 
MooreTilsq"  on  the  publick  claims,  and  tlie  Honourable  James  Murray 
and  James  Hasell  Esq"  on  tiie  publick  accounts  and  also  to  examine  the 
state  of  the  Tax  for  erecting  the  publick  buildings  &c:  to  join  those  of 
your  House. 

Mr.  Dawson  and  Mr.  Ha^'wood  Brought  up  the  following  Bills. 

A  Bill  for  an  Act  to  enable  the  Justices  of  the  several  counties  to  pro- 
vide certain  law  Bof)ks  for  the  use  of  their  County  Courts. 

A  Bill  for  an  Act  to  appoint  a  publick  Treasurer  in  the  room  of 
Eleazar  Allen  deceased.  In  the  Lower  House  read  the  first  time  and 
passed.     In  this  House  read  the  said  Bills  and  passed. 

Then  the  House  adjourned  until  Three  o'Clock,  in  the  afternoon. 

Tlie  House  met  according  to  adjournment 
Present. 
(  Nathaniel  Rice.      James  Murray.  1 
The  Honourable  <  Mathew  Rowan.    James  Hasell      V  Esq'^  Members. 
(  Roger  Mooi'e.  j 

Then  the  House  adjourned  until  to-moi'row  morning  Nine  o'Clock. 

Friday  March  30""     The  House  met  according  to  adjournment. 
Present. 

{Natlianiel  Rice.         James  Murray.  ~| 
Mathew  Rowan.        .James  Hasell.     V  Esq"  Members. 
Roger  Moore.  j 

And  adjourned  until  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 

Present. 

(  Nathaniel  Rice.         James  Murray.  ^ 

The  Honourable  <  Mathew  Rowan.        James  Hasell.     >  Esq"  Members. 

(  Roger  Moore.  j 

And  adjourned  until  to-morrow  morning  Nine  o'clock. 

Saturday  March  3P'     The  House  met  according  to  adjournment. 
Present. 
(  Nathaniel  Rice.         James  Murray.  1 
The  Honourable  I  Mathew  Rowan.       James  Hasell.     VEsq"  Members. 
(  Roger  Moore.  j 

Mr.  Lovick  and  Mr.  Dawson  brought  up  the  following  Bills,  (viz.) 
A  Bill  for  an  additional  Act  for  an  Act  for  obtaining  an  exact  list  of 
Taxablcs,  and  for  the  effectual  collecting  as  well  all  Arrears  of  Taxes,  as 
all  other  Taxes  for  the  future,  due,  and  payable. 


1054  COLONIAL  RECORDS. 


.  A  Bill  for  an  Art,  for  altering  the  times  of  holding  the  Conrts  of 
Common  Pleas,  and  quarter  sessions,  in  the  Comities  of  Edgconib,  Cra- 
ven, Bladen,  Northampton,  Johnston,  Granvile,  Beaufort  and  Hyde. 

In  the  Lower  House  read  the  first  time,  and  past. 

In  this  House  read  the  Bill  for  altering  the  times  for  holding  the 
Courts  &c:  the  first  time  and  past. 

And  adjourned  until  three  o'clock  in  the  afteiuioon. 

The  House  met  according  to  adjournment. 

Present. 

(  Nathaniel  Rice.         James  Muiray.  ^ 

The  Honourable?  Mathew  Rowan.        James  Hasell.     VEsq"  Members. 

(  Roger  Moore.  j 

And  adjourned  until  Monday  morning  Nine  o'Clock. 

Monday  April  2''     The  House  met  according  to  adjournment. 
Present. 

{Nathaniel  Rice.         James  Murray.  ~| 
Mathew  Rowan.        James  Hasell.     V  Esq"  Members^ 
Roger  Moore.  j 

Mr.  Lovick  and  Mr.  Starkey  brought  up  the  following  Bills,  (viz.) 

The  Bill,  for  appointing  a  publick  Treasurer  &c: 

The  Bill,  for  altering  the  times  for  holding  the  Courts  &c: 

The  Bill,  to  enable  the  Justices  of  the  several  Counties  to  provide  law 
books. 

In  the  Lower  House  read  the  said  Bills,  the  second  time,  and  passed. 

Mr.  Sampson  and  Mr.  M°lewain  brought  up  a  Bill  for  erecting  the 
upper  part  of  New-Hanover  County,  into  a  County,  and  Parish,  by  the 
name  of  and  Parish  of  and  for  appointing  a  place  for  building  a 
Court  House  Prison  and  Stocks  in  the  said  County.  In  the  Lower 
House  read  the  first  time,  and  past. 

Mr.  Sampson  and  Mr.  M°lewain  brought  up  a  Bill  for  erecting  the 
upper  part  of  Bladen  County,  into  a  County  and  Parish,  by  the  name  of 
Anson  County  and  S'  Georges  Parish,  and  for  appointing  a  place  for 
building  a  Court  House,  Prison  and  Stocks  in  the  said  County.  In  the 
Lower  House  read  the  first  time,  and  passed. 

The  Bill,  for  obtaining  an  exact  list  of  Tythables  &c:  In  this  House 
read  the  first  time,  and  passed  with  Amendments. 

The  Bill,  to  divide  the  upper  part  of  Bladen  County,  into  a  County, 
and  Parish.     In  this  House  read  the  first  time,  and  passed. 

The  Bill,  to  divide  the  upper  part  of  New-Hanover  County  into  a 
County  and  Parish  &c.  In  this  House  read  the  first  time  and  passed 
with  Amendments. 


COLONIAL  IIECORDS.  1055 


Then  tlie  House  adjoiirned  until  Three  o'Cloek  in  tlie  afternoon. 

The  House  met  according  to  adjournment. 

Present 

(  Nathaniel  Rice.         James  Murray,  "j 

The  Honourable <  Mathew  Rowan.        James  Hasell.     >  Esq"  Members. 

(_  Roger  Moore.  j 

The  Bill,  to  appoint  a  publick  Treasurer. 

The  Bill  to  enable  the  Justices  to  provide  certain  law  books  &c: 
In  this  House  read   the  said  Bills  the  second  time  and   passed   with 
Amendments. 

Then  the  House  adjourned  until  to-morrow  morning  Nine  o'Clock. 

Tuesday  April  3''''     The  House  met  according  to  adjournment. 
Present. 

{Nathaniel  Rice         James  Murray.  1 
Mathew  Rowan.       James  Hasell.     V  Esq"  Members. 
Roger  Moore  j 

Mr.  Dawson  and  Mr.  Bell  Brought  up  the  following  Bills  (viz.) 

The  Bill  for  obtaining  an  exact  list  of  Taxables  &c: 

The  Bill,  to  divide  the  upper  part  of  New  Hanover  County,  into  a 
County  and  Parish  &c : 

In  the  Lower  House  read  the  said  Bills,  the  second  time,  and  passed 
with  amendments. 

Also  a  Bill,  to  empower  Michael  Higgens  to  build  a  bridge  over  Trent 
River  at  a  place  called  Whickless  Ferry  in  Craven  County  &c: 

A  Bill,  to  repeal  an  Act  for  the  releif  of  pooi-  Debtors,  as  to  the  im- 
prisonment of  their  bodies. 

A  Bill,  for  an  Act  for  appointing,  and  laying  out  a  Town,  at  the  plan- 
tation of  Ml-.  Samuel  Jordan,  on  the  North  side  of  Roanoke  River,  in 
Northampton  County,  and  for  establishing  two  Fairs  to  be  held  annually 
there. 

In  the  Lower  House  read  the  said  Bills  the  first  time  &  past. 

In  this  House  read  the  Bill  to  impower  Michael  Higgens  to  build  a 
Bridge  over  Trent  &c : 

The  Bill,  for  erecting  a  Town  on  the  North  side  of  Roanoke  River  <fe^: 
The  first  time  and  passed. 

Also  the  Bill,  to  repeal  the  Act,  entitled  an  Act,  for  the  releif  of  poor 
Debtors  &c : 

And  ordered  to  lye  upon  the  Table. 

The  Report  of  the  Committee  of  publick  accounts,  sent  up  to  thi.s 
House,  by  Mr.  Dawson,  and  Mr.  Bell  for  their  concurrance. 


1056  COLONIAL  RECORDS. 


The  Bill,  to  divide  the  upper  part  of  Bladen  County,  into  a  County 
and  Parish  &c:  In  this  House  read  the  second  time,  and  past  with 
Amendments. 

The  Bill  to  divide  the  upper  part  of  New  Hanover  County,  into  a 
County  and  Parish  &e  :  In  this  House  read  the  second  time  and  passed 
with  Amendments. 

Mr.  Starkey  and  Mr.  Haywood  brought  up  an  additional  act,  to  fix  a 
place  for  the  seat  of  Government,  and  for  Keeping  publick  Offices,  for 
appointing  circuit  Courts  and  defraying  the  expences  thereof;  and  also 
for  establishing  the  Courts  of  Justice  and  regulating  the  proceedings 
therein.  In  the  lower  House  read  the  first  time,  and  passed.  In  this 
House  read  and  past. 

The  Bill,  for  obtaining  an  exact  list  of  .Thyables  &c:  In  this  House 
read  the  second  time  and  past  with  Amendmei'its. 

The  House  adjourned  until  Three  o'clock  in  tlie  afternoon. 

The  House  met  according  to  adjournment. 

Present. 

(  Nathaniel  Rice.     James  Murray.  ~| 

The  Honourable ■<  Mathew  Rowan.  James  Hasell.     V  Esq'''  Members. 

(  Roger  Moore.  j 

Mr.  Dawson  and  Mr.  Eaton  Brought  up  the  following  Bills,  (viz.) 

The  Bill,  to  appoint  a  publick  Treasurer  &c: 

The  Bill,  to  enable  the  Justices  to  provide  certain  books  for  their 
County  (^ourts  etc  : 

In  the  Lower  House  read  the  said  Bills,  the  Third  time  and  past. 

The  Bill,  Also  to  encourage  Michael  Higgens  to  build  a  Bridge  &c  : 
In  the  lower  House  read  the  second  time  and  past  witli  Amendments. 

The  Bill  for  erecting  a  Township  on  the  North  of  Roanoke  &c:  In 
the  Lower  House  read  the  second  time  and  past. 

Then  this  House  were  pleased  to  send  the  following  message  (viz) 

Mr.  Speaker  and  Gentlemen 

We  purpose  that  a  Committee  be  appointed  to  examine  and  state  the 
accounts  of  the  Commissioners  for  stamping  and  emitting  the  sum  of 
Twenty  one  thousand,  three  hundred  and  fifty  pounds,  and  we  have 
appointed  the  Honourable  James  Murray,  and  James  Hasell  Esq"  to 
join  such  Members  of  your  House,  as  you  shall  tliink  fit  to  appoint  for 
that  purpose. 

Then  the  House  adjourned  until  three  o'clock  in  the  afternoon. 


COLONIAL  RECORDS.  1057 


The  House  met  according  to  adjonrument. 
Present. 

{Matliew  Rowan    James  Murray,  "j 
Nathaniel  Rice     James  Hasell.     V  Esq"  Members. 
Roger  Moore.  j 

Read  the  Bill  to  encourage  Miciiael  Higgens  to  build  a  Bridge  &c : 
In  this  House  read  the  second  time  and  passed. 

Read  the  Bill  for  erecting  a  Township  on  the  North  of"  Roanoke  &c : 
In  this  House  read  the  second  time  and  passed. 

Mr.  Sampson  and  Mr.  Maeklewain  Brought  up  the  following  Bills, 
together  with  the  following  Message. 

The  Bill  to  divide  the  upper  part  of  Bladen  County  into  a  County 
and  Parish  &c :  In  the  Lower  House  read  the  third  time  and  passed. 
In  this  House  read  and  passed.     Ordered  to  be  engrossed. 

The  Bill  to  divide  the  upper  part  of  New  Hanover  County,  into  a 
County  and  Parish  &c:  In  th^Lower  House  read  the  third  time  and 
passed.  In  this  House  read  the  third  time  and  passed.  Ordered  to  be 
engrossed. 

The  Bill  for  obtaining  an  exact  list  of  Tythables.  &c :  In  the  Lower 
House  read  the  third  time  and  passed  with  amendments. 

Gentlemen  of  his  Majesties  Council. 

In  answer  to  your  message  of  this  morning  regarding  the  appointment 
of  a  Committee  to  examine  and  state  the  Accounts  of  the  Commissioners 
for  stamping  and  emitting  the  sum  of  £21350.  This  House  have  ap- 
pointed Mr.  John  Dawson,  Mr.  Joseph  Bell  and  Mr.  Michael  Coutauch 
in  conjunction  with  those  your  Board  have  appoiuted  for  that  pui'pose 
and  will  meet  them  at  Mr.  Speakers  Chambers  this  evening. 

Read  the  Bill  to  enable  the  Justices  of  the  several  Counties  to  provide 
certain  law  books  &c :  In  this  House  read  the  third  time  and  passed. 
Ordered  the  same  to  be  sent  down  and  engrossed. 

Mr.  Dawson  and  Carruthers  Brought  up  the  following  Bills  (viz.) 

The  Bill  for  erecting  a  Township,  on  the  North  side  of  Roanoke  &c: 
In  the  Lower  House  read  the  Third  time,  and  past  with  Amendments. 

Tiie  Bill  to  encourage  Michael  Higgens  to  build  a  Bridge  &c:  In  the 
Lower  House  read  the  third  time  and  passed. 

The  Bill,  for  an  additional  Act,  to  an  Act,  toUx  a  place  for  the  seat 
of  Government  &c:  In  this  House  read  the  second  time  and  passed 
with  Amendments 

Mr.  Dawson  and  Mr.  Pliton  Brought  up  the  following  resolve  from 
the  Lower  House. 

Vol.  4—111 


1058  COLONIAL  RECORDS. 


Gentlemen  of  his  Majesties  Honourable  Council.  _ 

We  send  you  the  following  resolve  of  this  House,  made  the  31"  of 
March  last,  viz  In  the  General  Assembly. 

Resolved.  That  James  Davis  Printer  be  paid  half  a  years  Sallary  which 
will  be  due  to  him,  the  25"'  of  June  next,  out  of  the  Publick  Treasury, 
and  that  the  said  be  replaced  in  the  said  Treasury  out  of  the  Tax  arising 
by  the  Act  for  the  Encouragement  of  James  Davis  to  set  up,  and  carry 
on  liis  business  of  a  Printer  in  this  Province  &c :  To  which  we  desire 
your  concurrance.  By  order.  SAM'  SWANN  Speaker. 

On  reading  tiie  Bill  for  appointing  a  Treasurer,  in  this  House  a  third 
time,  this  House  thouglit  fit,  to  send  the  following  Message  (viz) 

Mr.  Speaker  and  Gentlemen. 

We  observe  on  reading  the  Bill,  for  appointing  a  Treasurer  in  the 
room  of  Eleazar  Allen  Escf'  deceased,  "the  third  time  you  have  put  in 
Mr.  John  Starkey  instead  of  Mr.  George  Nicholas  whom  this  House 
had  put  in  for  Treasurer,  upon  which  we  desire  a  conference  with  your 
House,  as  also  upon  the  amendment  you  made  in  the  Taxables  Bill, 
relating  to  the  Taxables  between  sixteen  and  sixty  years  of  age,  and  the 
Fees  to  the  Clerks  for  Lists  of  the  Taxables,  which  conference  we  desire 
may  be  had  at  the  Council  Chamber  to-morrow  nine  o'clock,  and  we 
have  appointed  the  Honourable  Roger  Moore  and  James  Murray  Esq'^ 
to  manage  the  Conference  on  the  part  of  this  House  The  Resolve  of 
this  House  brouglit  up  this  day  by  Mr.  Dawson  and  Mr.  Eaton  after 
being  read,  was  sent  down,  concurred  with. 

Then  the  House  adjourned  until  to-morrow  morning  9  o'clock. 

Tliursday  A])rii  5""     The  House  met  according  to  adjournment. 
Present. 
(  Natlianiel  Rice.      James  Murray.  ~| 
The  Honourable  <  Alathew  Rowan.     James  Hasell.     V  Esq"  Members. 
(  Roger  Moore.  j 

Mr.  Bartram  and  Mr.  Washington  Brought  up  the  Bill  for  an  Addi- 
tional. Act,  to  fix  a  place  for  the  seat  of  Govermnent.  In  the  Lower 
House  read  the  third  time  and  passed. 

The  Bill  for  erecting  a  Township  on  the  North  of  Roanoke  &c:  In 
this  House  read  tlio  Third  time  and  passed.  Ordered  to  be  sent  down 
and  engrossed. 

This  House  on  reading  tlie  Bill,  for  an  Additional  Act,  to  fix  a  place 
for  the  seat  of  Government  &c:  The  third  time  thought  fit  to  send  the 
following  Message. 


COLONIAL  RECORDS.  1059 


Ml!.  Spkaker  and  Gentlemen, 

The  last  clause  ofliie  Bill  for  an  Additional  Act,  tonn  Act,  for  fixing 
the  seat  of  Government,  giving  Authority  to  the  County  Court.s,  to  dis- 
pose of  Lands,  which  on  the  second  reading  in  this  House  we  have  struck 
out,  we  observe  on  a  third  reading,  you  have  put  it  in  again  :  hut  we 
think  we  have  good  reason  to  adhere  to  the  Amendment,  and  therefore 
desire  to  know  if  you  will  consent  to  leave  it  out,  or  otherwise  we  cannot 
pass  the  Bill. 

Mr.  Eaton  and  Mr.  Haywood  lirought  up  the  ft)llowing  Message  (viz) 

Gentlemen  of  his  Ma.iesties  HoNontAiiLE  Council. 

We  are  under  some  surprise  that  your  House  on  the  second  reading  of 
the  Bill,  for  appointing  a  Treasui-er  in  the  room  of  Eleazar  Allen  Esq" 
deceased  put  out  the  name  of  John  Starkey,  whom  this  House  had  nomi- 
nated in  the  said  Bill  as  a  proper  person  for  that  Office,  and  put  in  the 
name  of  George  Nicholas  in  place  thereof,  ^vhich  to  avoid  any  misunder- 
standing that  might  destroy  the  Harmony  hitherto  subsisting  between 
the  two  Houses;  this  House  took  no  further  notice  of  than  on  the  thicd 
reading  of  the  said  Bill  to  dele  the  name  of  Mr.  George  Nicholas  and 
again  to  insert  the  name  of  Mr.  John  Starkey,  that  at  the  same  time  your 
altering  the  Bill  in  that  part  was  considered  as  a  violation  of  the  Priviledges 
of  this  House  it  having  always  been  their  right  to  nominate  a  person  for 
that  Office,  but  notwithstanding,  to  convince  your  Honours,  that  nothing 
shall  be  wanting  on  our  parts,  to  preserve  a  good  understanding  between 
the  two  Houses,  we  agree  to  meet  you  in  the  Council  Chamber  at  the 
time  you  purpose,  for  holding  a  conference  to  confer  with  you  on  the 
sulpjeet  matter  of  your  message  and  have  appointed  Mr.  Speaker  and  Mr. 
Wyriot  Ormond  to  manage  the  said  conference,  on  the  part  of  this  House. 
By  Order.  SAMUEL  SWANN.  Speaker. 

To  which   message,  this  House  was   pleased  to  send   the   following 
answer. 
Mr.  Speaker  and  Gentlemen, 

In  answer  to  your  Message  of  yesterday  relating  to  a  person  for  a 
Treasurer,  wherein  you  expi-ess  a  surprise  at  our  altering  the  Bill  in  that 
particular,  we  on  our  part,  can  not  but  be  equally  surprised  at  your  pro- 
ceeding; when  you  assert  an  exclusive  right  to  the  nomination  of  such 
person,  a  pretention  that  we  apprehend  to  be  wnthout  foundation,  nor  are 
we  unapprised  of  precedents  to  the  contrary :  We  at  the  time  do  profess 
a  sincere  desire,  and  disposition,  on  our  jiarts  to  preserve,  and  cultivate, 
by  all  reasonable  means,  the  good  harmony,  and  understanding,  which 
has  hitherto  happily  subsisted  bet^veen  the  two  Houses. 


1060  COLONIAL  RECORDS. 


Then  Mr.  Speaker  attended  by  the  Lower  House  waited  upon  this 
House  in  the  Council  Chamber,  upon  the  proposed  conference  and  after 
debating  on  the  subject  matter  of  tiie  said  Conference,  withdrew  to  their 
House  again. 

Then  this  House  adjourned  till  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
(  Nathaniel  Rice.      James  Murray.  ~| 
The  Honourable  <  Mathew  Rowan.    James  Hasell.     >Esq"  Members. 
(  Roger  Moore.  j 

Mr.  Orinond  and  Mr.  Starkey  Brouglit  up"  tlie  following  Message 
(viz.) 

Oentlemen  of  his  Ma.jesties  Honourable  Council. 

On  reading  your  message  of  this  day  concerning  the  last  clause,  in  the 
Bill  for  an  Additional  Act  to  an  Act  for  fixing  a  place  for  the  seat  of 
Government  &c : 
"  This  House  consent   with  your  Honours,  in  the  leaving  out   the  last 
Clause  in  the  said  Bill.  Together  with  the  following  Resolves. 

Resolved.  That  this  House  adiiere  to  tlie  Amendments,  by  them  made 
in  the  Bill  for  appointing  a  Publick  Treasurer  to  wit  in  striking  out  Mr. 
George  Nicholas,  and  inserting  in  the  said  Bill,  Mr.  John  Starkey  the 
person  first  nominated. 

That  this  House  agree  with  the  Honourable  the  Members  of  his 
Majesty's  Council  that  the  Bill,  for  an  Additional  Act  to  an  Act  for 
obtaining  an  exact  list  of  Taxables  &c:  he  amended,  by  distinguishing 
such  of  the  male  slaves  required  to  be  given  in  as  Taxables  by  the  said 
act,  who  are  upward  of  sixteen  years  of  age.  And  also  that  the  last 
Clause  for  allowing  a  fee  to  the  Clerk  for  making  out  the  list  of  Taxa- 
bles be  amended  as  follows  (viz.)  That  the  Justices  of  the  several  Coun- 
ties shall  be  impowered  to  make  the  said  Clerks  a  proper  allowance  out 
of  the  County  Tax,  for  making  out  the  said  Lists,  and  have  ordered  that 
Mr.  Wyriot  Oi'mond  and  Mr.  John  Starkey  do  wait  on  your  Honours 
to  see  the  said  Amendments  incerted  in  the  aforesaid  Bill. 

By  Order.  SAMUEL  SWANN  Speaker. 

Mr.  Orniond  and  Mr.  Starking,  [Starkey]  in  pursuance  of  the  above 
message,  came  up  to  this  House,  and  saw  the  Amendments  made  in  the 
Bill  f)i'  an  Act  for  obtaining  an  exact  list  of  Taxables  &c:  Whereupon 
the  said  Bill  being  put  to  the  House  past  the  third  time,  upon  the  said 
Amendments,  and  Ordered  that  the  same  be  sent  down  to  the  Lower 
House  and  engrossed. 


COLONIAL  RPX'ORDS.  1061 


The  Bill  for  an  Additional  Act,  to  an  Act,  to  fix  a  place  for  the  seat 
of  Government  &c:  being  put  to  the  House,  upon  the  said  Amendments 
the  third  time  passed,  and  ordered  that  the  same  be  sent  <lo\vn  and  en- 
grossed. 

The  Bill  for  to  encourage  Mieiiael  Higgins  to  build  a  Bridge  &<■:  In 
this  House  read  the  third  time,  and  past.  Ordered  the  same  to  be  sent 
down  and  engrossed. 

The  Bill  for  an  Act  to  appoint  a  Publick  Treasurer  ttc:  In  this  House 
being  read  tiie  Third  time,  and  after  being  put  to  the  House  was  rejected. 
The  House,  on  reading  the  report  of  the  Committee  of  Accounts,  thought 
fit  to  send  the  following  Message,  (viz.) 

Mr.  Speaker  and  Gentlemen. 

We  observe  by  the  Report  of  the  Committee  of  Accounts  that  Mr. 
Thomas  Barker  Treasurer  for  the  Northern  District  has  paid  this  present 
session,  the  value  of  five  hundred,  and  two  pounds,  and  two  pence, 
Proclamation  Money,  by  him  received  on  account  of  the  Poll  Tax  of 
one  shilling  Proclamation  Money,  for  sinking  the  new  currency  part  of 
the  said  sum,  to  wit,  two  thousand  five  hundred  and  thirty-eight  pounds, 
nine  shillings  and  four  pence  Proclamation  Money,  ought  to  have  been 
exchanged  aceoi-ding  to  the  Act  in  that  case  made,  and  provided  by  the 
Commissioners  for  gtamping  of  Twenty  one  thousand,  three  hundred 
and  fifty  pounds.  And  the  new  Bills  for  the  whole  of  five  hundred  and 
two  pounds,  and  two  pence,  ought  by  the  same  account,  to  have  been 
paid  to  the  Committee  of  Accounts,  in  order  to  be  burnt. 

We  have  appointed  the  Honourable  Roger  Moore  and  James  Hasell 
Esq"  two  of  the  Members  of  this  House,  to  join  such  Members  of  your 
House  as  you  shall  think  fit  to  appoint,  as  a  Committee  to  examine,  and 
burn  such  old  Bills  as  have  been  exchanged  by  the  Commissioners,  or 
received  by  the  Committee,  as  also  the  sum  of  five  hundred  and  two 
pounds,  and  two  pence  Proclamation  of  New  Bills,  and  a  farther  sum 
of  equal  value  to  the  Old  Bills,  which  Mr.  Barker  paid  the  Committee 
of  Accounts  formerly  towards  the  sinking  fund. 

Mr.  Ormond  and  Mr  Starkey  Brought  up  the  following  message  (viz.) 

Gentlemen  of  his  Ma.jestie's  Honourable  Council. 

The  Committee  for  stamping  and  emitting  the  Sum  of  Twenty  one 
Thousand,  Three  hundred  and  fifty  pounds,  have  produced  to  this  House 
the  sum  of  Two  Thousand  five  hundred  and  Ten  pounds  thirteen  shil- 
lings, old  Bills  which  the  said  Commissioners  have  exchange<l  for  the 
new,  or  Proclamation  Money  and  the  Sum  of  eighty  three  pounds,  eight 


1062  COLONIAL  RECORDS. 


shillings  and  four  pence  Proclamation  Money  paid  in  by  Mr.  Thomas 
Barker  in  April  Session  of  Assembly  last  past,  part  of  the  sinking 
fund,  and  the  sura  of  Two  thousand  five  hundred,  and  Thirty  eight 
pounds,  nine  shillings  old  Bills,  paid  by  Mr.  Barker  this  session  of  As- 
sembly, on  account  of  the  sinking  fund  :  and  the  Sum  of  ninety  one 
pounds  fourteen  shillings  an<l  nine  pence  Proclamation  Money  paid  by 
the  said  Mr.  Barker  into  the  Committee  of  Accounts  this  Session,  part 
of  the  sinking  fund,  and  also  the  Sum  of  Three  hundred,  and  Thirt}' 
eight  pounds  nine  shillings  and  two  pence  Proclamation  Money,  equal 
in  value  to  the  aforesaid  Sum  of  Two  thousand  five  hundred,  and  Thirty 
eight  pounds,  eight  shillings  and  four  pence  Old  Bills  for  which  the 
same  ought  to  have  been  exchanged. 

Therefore  this  House  resolved  that  the  said  several  sums  be  burnt  to- 
morrow morning  about  Nine  of  the  clock,  in  the  publick  Street  in  the 
presence  of  such  of  the  Members  of  his  Majesties  Council,  and  General 
Assembly,  as  shall  please  to  attend,  at  the  burning  of  the  same,  and  desire 
your  Honours  will  be  present. 

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

Friday  April  6"'     The  House  met  according  to  adjournment. 
Present. 

{Nathaniel  Rice      James  Murray.  ^ 
Mathew  Rowan     James  Hasell.     >  Escj"  Members. 
Roger  Moore.  j 

And  adjourned  until  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

{Nathaniel  Rice       James  Murray,  "f 
Mathew  Rowan.     James  Hasell.     VEsq"  Members. 
Roger  Moore.  j 

Mr.  Dawson  and  Mr.  Bell  brought  up  the  following  Message  (viz.) 

Genti^bmen  of  his  Majesties  Honourable  Counx'ie, 

This  House  have  resolved  that  the  publick  Buildings,  to  be  built  at 
Newbern,  to  be  made  of  Brick  of  the  Dementions  following  viz:  one 
House  for  a  Court  House  of  fifty  feet  in  length  and  Thirty  feet  in  width, 
in  the  clear,  one  other  house,  for  the  use  of  his  Majesties  Honourable 
Council,  of  thirty  feet  long  and  Twenty  feet  wide,  in  the  clear:  one 
House  of  the  like  Demefitious,  for  the  Officers  ;  the  walls  of  the  Court 
House  to  be  fifteen  feet  high,  from  the  surface  of  the  earth,  and  those  of 
the  Council,  and  for  the  Officers,  Twelve  feet  high  from  the  said  surface, 
and  the  same  to  be  placed  in  a  regular  manner,  upon  such  lots  as  they 


COLONIAL  RECORDS.  1063 


shall  procure  in  Newbern,  and  shall  take  deeds  for  the  same,  tu  them- 
selves, their  Heirs,  and  successors  for  the  use  of  the  publick.  To  wliich 
we  desire  your  concurrence. 

Which  message  being  read  was  sent  down  to  tlie  Lower  House  and 
concurred  with. 

The  report  of  the  Committee  of  Accounts  sent  down  to  the  lower 
House  concurred  witli 

Then  the  House  adjourned  until  to-morrow  morning  9  o'clock. 

Saturday  April  7th     The  House  met  according  to  adjournment. 
Present. 
(  Nathaniel  Rice       James  Murray.  "| 
The  Honourable <  Mathew  Rowan.     James  Hasell.     >Esq"  Members. 
(  Roger  Moore.  ) 

The  estimate  of  this  House  sent  down  to  the  Lower  House  for  their 
concurrance. 

Mr.  Sampson  and  Mr.  Lovick  brought  up  the  following  resolutions 
(viz.) 

Friday  April  6""  1750.  In  the  General  Assembly. 
Ordered.  That  the  allowance  due  to  his  Majesties  Council,  the  Clerk 
and  Officers  thereof  amounting  to  the  sum  of  seventy  five  pounds,  fifteen 
shillings  Proclamation  Money,  also  the  sum  of  one  hundred  and  fifty 
eight  pounds,  one  shilling  and  four  pence  like  money  allowance,  due  to 
the  General  Assembly,  the  Clerk,  and  Officers  thereof,  this  Session  be 
paid  out  of  the  Treasury  by  the  Commissioners,  for  stamping  and 
emitting  the  sum  of  £21360  Bills  of  Credit  at  the  rate  of  Proclamation 
Money,  and  desire  your  concurrance. 

Saturday  April  9'"  1750.  In  the  General  Assembly. 
Ordered,  That  his  Excellency  the  Governor  be  allowed  the  sum  of 
one  hundred  pounds  proclamation  mone}'  for  the  charges  he  hath  been 
at,  in  publick  expresses  and  other  contingencies  to  this  Time,  and  that 
the  same  be  paid  out  of  the  Treasury  by  the  Commissioners  for  stamp- 
ing and  emitting  the  sum  of  £21350.  and  be  allowed  in  their  accounts, 
with  the  publick,  and  desire  your  Honours  Concurrance. 

The  above  Resolves,  after  being  read,  and  voted  in  this  House  was 
sent  down  concurred  with. 

Then  his  Excellency  the  Governor  came  to  the  House  and  sent  a 
Message  to  the  lower  House,  commanding  their  immediate  attendance  in 
the  Council  Chamber.  Whereupon  the  Speaker,  attended  by  the  I^ower 
House,  waited  upon  his  Excellency  in  the  Council  Chamber.  When  he 
was  pleased  to  give  his  assent  to  the  following  Bills. 


1064  COLONIAL  RECORDS. 


The  Bill  for  an  Additional  Act,  to  an  Act,  to  fix  a  place  for  the  seat 
of  Government  &c: 

The  Bill  to  enable  the  Justices  of  several  Counties  to  provide  certain 
Law  Books  &c: 

The  Bill  to  encourage  Michael  Higgins  to  build  a  Bridge  over  Trent 
River  &c: 

The  Bill  to  divide  the   upper  part  of  Bladen  County  into  a  County 
and  Parish  &c: 

The   Bill   to  divide    the   upper  part  of  New-Hanover  County,  into 
a  County  and  Parish  &c : 

The  Bill  for  an  additional  Act,  to  an  Act,  for  obtaining  an  Exact  list 
of  Taxables  &c: 

And  the  Bill  for  erecting  a  Township  on  the  North  side  of  Roanoke 
River  in  Northampton  County  &c: 

Then  his  Excellency  was  pleased  to  prorogue  the  General  Assembly 
to  the  fourth  Tuesday  in  September  next. 

This  is  to  certifie  that  the  foregoing  sheets  contain  a  True  Copy  of 
the  Journal  of  the  upper  House  of  Assembly. 

Tes:      "  JOHN  DEVIS. 


North  Carolina. 

At  a  General  Assembly  begun,  and  held  at  Newbern,  the  Twelfth  day 
of  June,  in  the  nineteenth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  second,  by  the  Grace  of  God,  of  Great  Britain,  France  and 
Ireland  King  Defender  of  the  Faith  &c :  and  iu  the  year  of  our  Lord 
One  Thousand,  seven  Hundred,  and  forty  six,  and  from  thence  continued 
by  several  Prorogations,  and  Adjournments,  until  Tuesday  the  Third  day 
of  July  in  the  year  of  our  Lord  One  Thousand,  seven  Hundred  and  fifty 
in  the  Twenty  fourth  year  of  his  said  Majestie's  Reign  being  the  ninth 
Session  of  this  present  General  Assembly,  and  from  thence  continued 
until  Thursday  the  fifth  of  this  instant  July,  1750. 

In  the  upper  House  July  5*  1750. 

Present. 

{Roger  Moore.  "| 
James  Hasell.  >  Esq"  Members. 
James  Innis.    J 
Then  His  Excellency  the  Governour  came  to  the  House,  and  sent  a 
mandate  to  the  Lower  House  commanding  their  immediate  attendance,  in 
the  Council  Chamber. 


COLONIAL  RECORDS.  1065 


Whereupon  the  Speaker  attended  by  the  Lower  House  waited  upon 
his  Excellency,  when  his  Excellency  was  pleased  to  recommend  to  them, 
the  repeal  of  part  of  a  Clause  in  the  Quit  Rent  Law,  relating  to  the  pay- 
ment of  Indigo  for  Quit  Rents,  and  other  matters,  whicli  he  referred  to 
their  consideration,  and  then  directed  them  to  return  and  proceed  upon 
business  which  they  accordingly  did. 

Then  the  House  adjourned  until  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjouruiuent. 

Pi'esent. 

rrii      IT  1 1    f  Mathew  Rowan.    James  Hasell.  1  tt.    „  at      u 

1  he  Honourable  <  o  nvr  t  t     •       >  Esq"  Members. 

[  Roger  Moore.         James  innis.    J       ^ 

Mr.  Starkey  and  Mr.  Swann  brought  up  the  following  Bills  (viz.) 

A  Bill  to  appoint  a  publick  Treasurer  in  the  room  of  Eleazar  Allen 
deceased. 

A  Bill  for  repealing  a  part  of  a  Clause,  in  an  Act,  intituled  an  Act  for 
forming  a  Rent-Roll  of  all  the  Land  holden  in  this  Province  for  qiHcting 
the  Inhabitants  in  their  possessions  and  for  directing  the  payment  of 
Quit-Rents. 

In  the  Lower  House,  read  the  said  Bills,  and  past  the  first  time. 

Then  the  House  adjourned  'till  to-moiTow  morning  Nine  o'clock. 

Friday.  July  6""     The  House  met  according  to  adjournment. 
Present. 
(  Mathew  Rowan     James  Hasell  ^ 
The  Honourable  <  Roger  Moore         James  Innis     >Esq"  Members. 

(  William  Forbes.  j 

Then  the  House  ordered  the  following  Bills  to  be  read,  viz: 
The  Bill  to  appoint  a  publick  Treasurer.  &c: 
The  Bill  to  repeal  part  of  a  Clause  in  the  Quit-Rent  Law. 
Which  were  accordingly  read  and  passed  the  first  time. 
Read  the  Petition  of  Thomas  Child  Esq"'"  and  recommended  to  the 
Lower  House. 

Mr.  Haywood  and  Mr.  Dawson  brought  up  the  following  Bills,  viz: 
The  Bill  to  repeal  a  Clause  in  the  Quit  Rent  Law.  &c : 
The  Bill  to  appoint  a  publick  Treasurer.  &c : 

In  the  Lower  House  read  the  said  Bills  the  second  time,  and  past  with 
Amendments. 

Then  the  House  adjourned  'till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

!  Mathew  Rowan.     James  Hasell. 
Roger  Moore.  James  Innis.     V  Esq"  INIembers. 

William  Forbes. 


1066  COLONIAL  RECORDS. 


Read  the  Bill  to  repeal  a  Clause  in  the  Quit-Rent  Law  &c :  the  second 
time  and  passed  with  Amendments. 

Also  read  the  Bill  to  appoint  a  pulilick  Treasurer,  the  second  time  and 
passed. 

Mr.  Swann  and  Mr.  Sampson  Brought  up  the  Bill  for  an  Act  for 
increasing  the  Annual  Allowance  given  to  the  Attorney  General  for  his 
Trouble  and  Expences  in  riding  the  circuits  &c :  In  the  Lower  House 
read  the  first  time  and  passed.     In  this  House  read  and  passed. 

Then  the  House  adjourned  'till  tomorrow  morning  Eight  o'clock. 

Saturday.  July  7""     The  House  met  according  to  adjournment. 

Present. 

(  Mathew  Rowan.     James  Hasell "] 

The  Honourable  <  Roger  Moore  James  Inuis     >  Esq'^  Members. 

(  William  Forbes.  j 

And  adjourned  'till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
f  Mathew  Rowan.     James  Hasell  "1 
The  Honourable  <  Roger  Moore.  James  Innis.   VEsq"  Members. 

(  William  Forbes.  j 

Mr.  Stringer  and  Mr.  Barrow  Brought  up  the  Bill  for  appointing  a 
publick  Treasurer.  &c.  In  the  Lower  [House]  read  the  third  time,  and 
passed  with  Amendments. 

The  Bill  for  increasing  the  Allowance  of  the  Attorney  General.  &c: 
In  the  Lower  House,  read  the  second  time  and  passed  with  Amendments. 
The  Bill  to  repeal  «  Clause,  in  the   Quit- Rent  Law.  &c:     In   the 
Lower  House  read  the  Third  time,  and  passed  with  Amendments. 
Xhe  Bill,  to  repeal  a  Clause  in  the  Quit-Rent  Law.  &c: 
The  Bill,  to  appoint  a  publick  Treasurer  &c  : 
Read  the  said  Bills  in  this  House  the  Third  time,  and  passed. 
Ordered  that  the  same  be  sent  down,  and  engrossed. 
Read,  the  Bill,  to  increase  the  Allowance  of  the  Attorney  General, 
the  second  time,  and  past  with  Amendments. 

Then  the  House  adjourned  'till  Monday  morning  Nine  o'clock. 

Monday.  July  9""     The  House  met  according  to  adjournment. 

Present. 

(  Mathew  Rowan.     James  Hasell  ~| 

The  Honourable <  Roger  Moore.         James  Innis.    vEsq"  Members. 

(  William  Forbes.  j 

Mr.  Sampson  and  Mr.  Haywood  Brought  up  the  Bill  for  increasing 

the   Annual  Allowance  of  the  Attorney  General   &c:     In  the  Lower 


COLONIAL  RECORDS.  1067 


House  read  the  third  time  and  passed  with  Amendments.  In  this  House 
I'ead  the  Third  time  and  past.  Ordered  that  the  same  be  sent  down  and 
engrossed. 

Then  the  House  adjourned  'till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
(  Mathew  Rowan.     James  Hasell  "| 
The  H(jnourable<  Roger  Moore.         James  Innis.    V  Esq"  Members. 

(  William  Forbes  J 

Mr.  Lovick  and  Mr.  Dawson  Brought  up  the  following  Message, 
together  with  the  Estimate  of  the  Expences  of  the  Lower  House.  &c: 

Gentlemen  of  his  Majestie's  Honourable  Council. 

We  herewith  send  you  the  Estimate  of  the  Allowances,  due  to  the 
Members  of  tiiis  House,  for  this  present  Session,  as  also  of  the  Clerk 
and  other  Officers  thereunto  belonging,  for  your  eoncurrance,  and  desire 
you'll  send  that  of  your  House,  to  us  for  ours. 

To  which  this  House  were  pleased  to  send  the  following  Answer,  viz : 

Mr.  Speaker  and  Gentlemen 

We  herewith  send  you  the  estimate  of  the  Allowances  due  to  his  Maj- 
estie's Council,  for  the  present  Session,  as  also  of  our  Clerk,  and  Officers 
thereto  belonging  for  your  eoncurrance ;  and  have  sent  your's  down  con- 
curred with. 

Then  his  Excellency  the  Governour  came  to  the  Council  Chamlier, 
and  ordered  the  immediate  Attendance  of  the  Lower  House. 

Whereupon  the  Speaker  attended  by  the  Lower  House,  waited  upon 
his  Excellency,  and  the  Council  in  the  Council  Chamber.  Then  his 
Excellency  demanded  of  Mr.  Speaker,  if  he  had  any  Bills  prepared  for 
his  Assent,  who  acquainted  him  he  had,  and  presented  to  him  the  follow- 
ing Bills,  to  wit. 

An  Act  to  appoint  a  publick  Treasurer  in  the  room  of  Eleazar  Allen 
Esq"  deceased. 

An  Act  for  repealing  part  of  a  Clause,  in  an  Act,  intituled  an  Act,  for 
forming  a  Rent- Roll  of  all  the  Lands  holden  in  this  Province  for  quieting 
the  Inhabitants,  in  their  Possessions,  and  for  directing  the  payment  of 
Quit-Rents. 

An  Act  for  increasing  the  Annual  Allowance  given  to  the  Attorney 
General  for  his  Trouble  and  Expences  in  riding  the  Circuits. 

To  which  his  Excellency  was  pleased  to  give  his  Assent. 


1068  COLONIAL  RECORDS. 


Theu  his  Excellency  after  making  a  short  extempore  Speech,  and  re- 
turning his  thanks  to  both  Houses  for  their  services  to  the  Publick  this 
Sessions.  Prorogued  the  Assembly  to  the  last  Tuesday  in  September  next, 
and  the  same  was  accordingly  prorogued. 


North  Carolina — ss. 

In  the  Lower  House,  Thursday  July  5""  1750. 

His  Excellency  the  Governor  sent  a  Message  to  this  House,  command- 
ing their  immediate  Attendance  in  the  Council  Chamber. 

Mr.  Speaker,  attended  by  the  Members  of  the  House  waited  on  his 
Excellency  the  Governor  in  the  Council  Chamber,  when  His  Excellency 
was  pleased  to  recommend  to  them  the  Repeal  of  part  of  a  clause  in 
the  Quit-Rent  Law,  relating  to  the  payment  of  Indigo  for  Quit-Rents, 
and  other  matters,  which  he  referred  to  their  consideration,  and  then 
directed  them  to  return,  and  proceed  to  Business. 

The  House  returned. 

The  House  adjourned  'till  three  o'clock  in  tiie  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

Mr.  Starkey  moved  for  leave  to  bring  in  a  Bill,  to  appoint  a  Publick 
Treasurer,  in  the  room  of  Eleazar  Allen  Esq"  deceased. 

Ordered,  that  he  have  Leave,  and  that  he  prepare  and  bring  in  the 
same. 

Mr.  Starkey  Brought  in  the  said  Bill  wiiich  he  read  in  his  place. 

Ordered  that  the  same  pass,  and  be  sent  to  the  Council. 

Mr.  John  Swann  moved  for  Leave  to  bring  in  a  Bill,  to  repeal  part 
of  a  Clause  in  an  Act,  intituled,  an  act,  for  forming  a  Rent-Roll  of  all 
the  Lauds,  holding  in  this  Province,  and  for  quieting  the  Inhabitants  in 
their  possessions. 

Ordered,  that  he  have  Leave,  and  that  he  prepare  and  bring  in  the 
same. 

Mr.  John  Swann  brought  in  the  said  Bill,  which  he  read  in  his  place. 

Ordered,  that^he  same  pass,  and  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council,  by  Mr.  Starkey  and  Mr. 
Swann. 

The  House  adjourned  'till  To-morrow  Nine  o'clock. 

Fryday,  July  G""  1750.     The  House  met  according  to  adjournment. 
Received  from  the  Council  the  Bill  to  repeal  a  part  of  a  Clause,  in  an 
act,  intituled,  an  act  for  forming  a  Rent-Roll.  &c:  And  a  Bill  to  appoint 


COLONIAL  RECORDS.  1069 


a  Public  Treasurer  in  the  room  of  Eleazar  Allen  Esq"  deceased.      En- 
dorsed in  the  Upper  House,  read  the  first  time,  and  passed. 

By  order.  R.  LOVET.  Clerk. 

Ordered,  that  the  Bill  to  appoint  a  Public  Treasurer,  in  the  room  of 
Eleazar  Allen  Esq"  deceased.  And  the  Bill  to  repeal  part  of  a  clause, 
in  an  act,  intituled  an  act,  for  forming  a  Rent-Roil  &c:  be  read. 

Read  the  above  Two  Bills  the  second  Time,  and  passed,  with  Amend- 
ments. 

Ordered,  that  the  same  be  sent  to  the  Council. 

Sent  the  above  Two  Bills  to  the  Council  by  Mr.  Heywood  and  Mr. 
Dawson. 

Mr.  Starke}'  one  of  the  Commissioners  for  stamping  and  emitting  the 
sum  of  Twenty  one  Thousand  Three  Hundred  and  Fifty  Pounds  at  the 
rate  of  Proclamation  Money  acquainted  this  House  that  there  were  sev- 
eral persons  in  Town  waiting  in  order  to  have  several  Bills  of  Credit  of 
this  Province  of  the  old  Emission  exchanged  for  those  of  the  new  Emis- 
sion, and  moved  that  the  House  would  direct  the  said  Commissioners  to 
exchange  the  same  old  Bills  for  the  new  ones. 

Resolved.  That  the  said  Commissioners  exchange  the  said  old  Bills 
for  those  of  the  new  Emission. 

The  House  adjourned  till  Three  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 
Received  from  the  Council  the  following  Bills  (viz.) 
The  Bill  to  repeal  part  of  a  clause  in  an  act  intituled  An  Act  for  form- 
ing a  Rent-Roil  ttc:     Endorsed  in  the  Upper  House  read  the  second 
time,  and  passed. 

By  Order.  R.  LOVET.  Clerk. 

And  the  Bill  to  appoint  a  Public  Treasurer,  in  the  room  of  Eleazer 
Allen  Esq"  deceased ;  Endorsed  in  the  Upper  House  read  the  second 
time  and  passed  with  Amendments.     By  order. 

R.  LOVET.  Clerk. 

Received  from  the  Council  the  Petition  of  Thomas  Child  Esq"  his 
Majesty's  Attorney  General  of  this  Province,  by  tiiem  recommended  to 
this  House,  which  Petition  sets  forth,  that  the  allowance  to  the  said 
Attorney  General  for  riding  the  Circuits  is  insufficient  for  the  purposes 
intended  by  the  Act,  for  fixing  a  place  for  the  seat  of  Government  &c: 
praying  Releif  &c: 

Resolved.  That  a  Bill  be  brought  in,  for  increasing  the  allowance  to 
the  Attorney  General,  for  riding  the  Circuits. 


1070  COLONIAL  RECORDS. 


Mr.  John  Swann  brought  in  a  Bill  for  the  Purposes  aforesaid,  which 
he  read  in  his  place. 

Ordered.  That  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council,  by  Mr.  Swann  and  Mr.  Sampson. 

The  House  adjourned  till  Tomorrow  morning  Nine  o'clock. 

Saturday  July  Y""  1750.     The  House  met  according  to  adjournment. 

Received  from  the  Council  the  Bill  for  increasing  the  allowance  given 
to  the  Attorney  General,  for  his  trouble  and  expence  in  riding  the  cir- 
cuits.    Endorsed  in  the  Upper  House,  read  the  first  time  and  passed. 
By  order.  R.  LOVET.  Clerk. 

Read  the  Bill  to  appoint  a  Public  Treasurer  in  the  room  of  Eleazer 
Allen  Esq"  deceased,  the  Third  time  and  passed  with  amendments. 

And  the  Bill  to  repeal  part  of  a  clause  in  an  act,  intituled  an  act  for 
forming  a  Rent-Roll  of  all  the  Lands  holden  in  this  Province  &c:  the 
third  time,  aud  passed  with  amendments. 

Ordered.  That  the  Bill  for  increasing  the  allowance  given  to  the  Attor- 
ney General  for  his  trouble  and  expence  in  riding  the  Circuits  &c:  be 
read  the  second  time. 

The  said  Bill  was  accordingly  read. 

Mr.  John  Swann  moved  the  said  Bill  may  pass. 

Mr.  John  Barrow  objected  thereto,  and  moved  that  the  said  Bill  lie 
on  the  Table  for  consideration,  to  which  Mr.  John  Swann  objected,  and 
moved  that  the  House  resolve  into  [a]  Committee  of  the  whole  House  to 
debate  on  the  subject  matter  of  the  said  Bill,  and  was  seconded  by  Mr. 
Starkey. 

The  question  being  put,  whether  the  House  resolve  into  a  Committee 
of  the  whole  House,  for  the  purposes  aforesaid  or  not,  it  was  carried  in 
the  affirmative. 

Resolved.  That  the  House  resolve  into  a  Committee  of  the  whole 
House,  to  debate  on  the  subject  matters  in  the  said  Bill  contained. 

The  House  resolved  into  a  Committee  of  the  whole  House  and  Mr. 
John  Starkey  was  appointed  Chairman.  Una  Voce. 

After  some  time  spent  by  the  said  Committee  in  debating  the  Matters 
of  Controversy,  regarding  the  said  Bill,  Mr.  Speaker  resumed  the  Chair. 
Mr.  Chairman  reported  to  the  House,  that  the  Committee  had  debated 
the  several  matters  objected  to  and  had  i-esolved,  that  the  sum  of  Sixteen 
Pounds,  Thirteen  Shillings  and  Four  Pence  Proclamation  Money  be 
inserted  in  the  said  Bill  as  an  allowance  for  the  Attorney  General,  for 
his  trouble  aud  expence  in  riding  each  circuit. 


COLONIAL  RECORDS.  1071 


Orilerefl.  That  the  same  be  inserted  in  the  said  Bill.  The  same  was 
done  accordingly. 

(^rdei-ed.  That  the  three  Bills  above  said  be  sent  to  tiie  Conncij. 

Sent  the  above  three  Bills  to  the  Council  by  Mr.  Stringer  and  Mr. 
Barrow. 

Received  from  the  Council  the  following  Bills  (viz.) 

The  Bill,  for  increasing  the  allowance  given  to  the  Attorney  General 
for  his  trouble  and  expeuces  in  riding  the  Circuits.  Endorsed,  in  the 
Upper  House  read  the  second  time  and  passed  with  Amendments. 

And  the  Bill,  to  repeal  part  of  a  clause  in  an  act,  intituled  An  Act, 
for  forming  a  Rent-Roil  &c: 

And  the  Bill  to  appoint  a  Public  Treasurer  in  the  room  of  Eleazer 
Allen  Esq"  deceased;  both  Endorsed  in  the  Upper  House  read  the  third 
time  and  passed.     Ordered  to  be  sent  down  and  engrossed. 

By  order.  R.  LOVET.  Clerk. 

The  House  adjourned  till  Monday  Morning  Ten  o'clock. 

Monday  July  9""  1750.     The  House  met  according  to  adjournment. 

Ordered  that  the  Bill,  for  increasing  the  allowance  given  to  the  Attor- 
ney-General, for  his  trouble  and  expence  in  riding  the  Circuits,  be  read 
the  third  time. 

Read  the  above  Bill  the  third  time,  and  amended  the  same. 

Ordered,  That  the  same  pass,  with  the  said  amendments  and  be  sent 
to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Sampson  and  Mr.  Haywood. 

The  House  adjourned  for  half  an  hour. 

The  House  met  according  to  adjournment. 

Received  from  the  Council  the  Bill,  for  increasing  the  allowance  given 
to  the  Attorney-General,  for  his  trouble  and  Expence  in  riding  the  cir- 
cuits. Endorsed,  in  the  Upper  House,  read  the  Third  Time  and  passed. 
By  order.  R.  LOVET,  Clerk. 

Ordered  to  be  sent  down  and  engrossed  • 

The  House  adjourned  till  Three  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  adjournment. 

His  Excellency  the  Governor  sent  a  message  to  this  House  command- 
ing their  immediate  attendance  in  the  Council  Chamber,  with  what  Bills 
were  engrossed. 

The  House  in  a  full  Body,  waited  on  his  Excellency  the  Governor, 
in  the  Council  Chamber,  when  Mr.  Speaker  presented  the  following 
Bills,  for  his  Excellency's  assent,  viz  : 


1072  COLONIAL  RECORDS. 


The  Bill  for  appointing  a  Public  Treasurer,  in  the  room  of  Eleazer 
Allen  Esq"  deceased. 

The  Bill  to  repeal  part  of  a  clause,  in  an  act  intituled,  an  act  for 
forming  a  Rent-Roll  of  all  the  Lands  holden  in  this  Province  &c: 

And  the  JBill  for  increasing  the  allowance  given  to  the  Attorney  Gen- 
eral for  his  trouble  and  expence  in  riding  the  Circuits. 

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

Tiien  his  Excellency  after  returning  the  House  his  hearty  thanks  for 
their  dispatch  of  the  public  business  commanded  them  to  return  to  their 
House. 

Mr.  Speaker  with  the  House  returned. 

Ordered,  That  the  following  Message  be  sent  to  the  Council  viz. 

Gentlemen  of  his  Majesties  Honourable  Council 

We  herewith  send  you  the  estimate  of  the  allowances  due  to  the  mem- 
bers of  this  House,  for  this  present  Session  as  also  of  the  Clerk  and 
Officers  thereto,  for  your  Concurrence,  and  desire  that  you  will  send  that 
of  your  House  to  us,  for  ours. 

Sent  the  above  Message  to  the  Council  by  Mr.  Loviek  and  Mr.  Daw- 
son. 

Mr.  Dawson  presented  to  this  House  a  Certificate  for  the  County 
Court  of  Northampton  thereby  certifying  that  Silvester  Eastage  is  of 
mean  Circumstances:  and  thereby  rendered  incapable  of  getting  his  liv- 
ing doing  Public  duties  and  paying  Public  Taxes. 

Ordered,  That  he  be  exempt  from  doing  Public  Duties,  and  paying 
Public  Levies. 

Mr.  Dawson  also  produced  to  this  House  a  Certificate  from  the 
County  Court  of  Northampton  thereby  certifying  that  Joshua  Stap  is 
old  and  decripped  and  not  able  to  get  his  Livelihood,  or  to  pay  Taxes 
and  do  Public  Duties. 

Ordered,  That  he  be  exempt  from  doing  Public  Duties,  and  paying 
Public  Taxes. 

Received  from  the  Council  the  following  Message  viz. 

Mr.  Speaker  and  Gentlemen. 

We  herewith  send  you  the  Estimate  of  the  allowances  due  to  the 
Members  of  Council  for  this  present  Session  as  also  the  Clerk  and 
Officers  thereto,  for  your  Concurrence  and  send  yours,  concurred  with. 

Sent  the  Council  the  Estimate  of  their  Allowances  this  Session,  by 
this  House  concurred  to. 

The  House  adjourned  till  to-morrow  Eight  o'Clock. 


COLONIAL  RECORDS.  1073 


Tuesday  July  10""  1750.     The  House  met  according  to  adjouniinent. 
His  Excellency  the  Governor  was  pleased  to  prorogue  this  Assembly, 
to  the  last  Tuesday  in  September  next. 


An  account  of  the  present  paj)er  Currency  its  present  Value  in  Sterling 
money  and  how  mucli  thereof  hath  been  sunk. 

£21350.0.0  Proc'l  Money  of  publick  Bills  of  Credit  Emitted  liy  an 
Act  Passed  the  4'"  of  Apriil  1747  Equal  to  £16012.10.0  Sterling 
Money 

£189.13.3  Proc'l  Money  Burnt  Apriil  14'"  1749 

£513.12.0  Proc'l  Money  Burnt  Apriil  G"-  1750 

Total  sum  snnk  £703.5.3  Proc'l  Money.  Equal  to  £527.9.0  Sterling 
Money 

£20646.14.0  Proc'l  Money  yet  circulating  Equal  to  £15.485.1.0  Ster- 
ling Money 

£21350.0.0  Proc'l  Money.     £16012.10.00  Sterling  Money. 

These  Bills  have  supported  the  value  they  were  Emitted  at  to  this  day 
September  the  29*1750. 

The  above  is  a  Copy  of  the  State  of  the  Currency  which  was  sent  to 
the  agent  this  year  1750 


1751. 

[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  12.  C.  9.] 

Sir  [Secretary  of  Board  of  Trade] 

In  Answer  to  yours  of  the  1 9th  of  July  I  beg  the  favour  of  you  to 
inform  the  Right  Hon*"''  the  Lords  Commissioners  for  Trade  &  Planta- 
tions that  the  Province  of  North  Carolina  is  bounded  on  the  South  by 
the  Atlantick  Ocean,  on  the  Southwest  by  South  Carolina,  on  the  west  by 
the  Mississippi  and  the  Appalacho  mountains  and  on  the  North  and  East 
by  A^irginia,  Inhai)itants  flock  in  here  daily,  mostly  from  Pensil  vania  and 
other  parts  of  America,  who  are  overstocked  with  people  and  some  directly 
from  Europe,  they  commonly  seat  themselves  towards  the  west  and  have 
got  near  the  mountains.  I  am  sorry  I  cannot  transmitt  any  other  map  of 
this  Province  than  that  of  the  late  Colonel  Moseley's  of  which  there  is 
one  in  your  Office.     It  is  very  deficient,  especially  in  the  back  settle- 


1074  COLONIAL  RECORDS, 


meiits,  many  thousand  persons  having  sat  down  there  since  that  map  was 
published.  In  October  1749.  the  line  between  the  northern  part  of  this 
Province  now  in  possession  of  the  Earl  of  Granville  and  Virginia  was 
carried  nearly  one  [hundred]  mile  more  to  westward  and  almost  quite  across 
the  mountains,  It  was  done  with  great  care  and  exactness  and  it  is  believed 
that  ten  miles  further  would  have  carried  them  to  the  other  side,  But  the 
excessive  severity  of  the  weather  and  want  of  food  for  their  Horses  obliged 
them  to  return,  they  crossed  a  large  branch  of  the  Mississippi  which 
runs  between  the  ledges  of  the  mountains  and  nobody  ever  dreamt  of 
before,  I  have  sent  a  draught  of  this  Line  for  their  Lordships  view,  I 
know  of  no  foreign  settlement  near  this  Colony 

I  am  Sir  Yours,  &c.,  GAB :  JOHNSTON. 

Edenton  February  15'"  175f 


[B.  P.  R.  O.  Am:  &  W.  Ind:  Vol.  66. J 

My  Lord  [Duke  of  Bedford] 

I  Have  lately  Had  the  Honour  of  Your  Grace's  Commands  of  the 
fourth  of  August,  by  which  His  Majesties  pleasure  is  signified  that  I 
should  give  publick  notice  to  all  His  trading  Subjects  in  this  province, 
of  His  Catholick  Majestys  General  Order  to  all  His  Governors,  to  make 
restitution  of  all  English  prizes  taken  since  the  ninth  of  August  1748. 

I  Have  likewise  Received  An  Authenticated  Copy  of  the  said  Order 
with  a  translation  of  the  .same  In  Consequence  of  which  I  have  Issued 
a  proclamation  giving  notice  of  the  premisses,  and  ordered  it  to  be 
offered  in  the  mo.st  publick  place  in  Every  town  of  this  province,  and  I 
shall  take  care  to  assist  to  the  uttermost  of  my  power  all  His  Majesties 
Subjects  who  may  have  any  Claim  on  this  occasion. 

I  am  your  Grace's  most,  &c.,  GAB  JOHNSTON 

Edenton  March  12  1750 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  12.  C.  11.] 

Edenton  3"  Sept'  1751. 
My  Lord.s  [of  the  Board  of  Trade] 

I  transmitt  along  with  this  the  minutes  of  Council  which  was  held 
last  March.  In  a  few  days  I  sett  out  for  Newbern  to  hold  an  Assembly 
there  but  am  much  at  a  loss  where  to  find  Members  for  an  Upper  House. 


COLONIAL  RECORDS.  1075 


There  lias  been  such  a  mortality  among  the  Gentlemen  of  the  Couneil 
for  these  three  years  past,  that  there  remains  only  two  of  the  original 
number. 

I  have  from  time  to  time  certified  to  your  Lordships  the  names  of  the 
persons  I  have  been  obliged  to  appoint  to  make  up  the  number  of  the 
Council  seven,  they  all  promised  me  to  apply  for  a  mandamus  without 
loss  of  time,  but  am  to  find  none  of  them  has  hitherto  been  as  good  as  his- 
word  I  now  propose  two  Gentlemen  .John  Dawson  and  .James  Craven 
Esq'"  who,  if  your  Lordships  think  proper  to  recommend  them,  will 
immediately  take  out  their  Commissions. 

I  am,  with  great  respect,  <fec.,  GAB.  JOHNSTON. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  12.  C.  12.1 

Edentox  16'"  Sepf  1751. 
Sir,  [Secretary  of  the  Board  of  Trade] 

Yesterday  I  received  yours  of  the  12"'  of  April  in  which  by  direc- 
tions from  the  Right  Hon"*  the  Lords  Comm"  for  Trade  and  Planta- 
tions, you  inform  me  that  no  minutes  of  Council  or  Assembly  from  this 
Province  have  been  sent  since  December  1746,  which  I  am  really  sur- 
prised to  hear,  for  I  myself  have  regularly  transmitted  under  the  Colony 
Seal  the  minutes  of  His  Majestie's  Council  of  State,  that  of  the  last 
Council,  which  was  held  in  April  last  I  sent  by  a  very  safe  road,  but  a 
fortnight  ago.  As  for  the  Minutes  of  Council  considered  as  an  Upper 
House  the  Clerks  assure  me  they  have  been  transmitted  regularly.  But  I 
shall  make  a  strict  enquiry  into  that  very  soon,  I  am  entirely  a  stranger 
to  the  Naval  Office  ever  since  it  was  taken  out  of  my  hands  and  be.stowed 
on  Mr.  Wheatley,  that  gentleman  never  has  taken  any  notice  of  me 
since  he  was  invested  in  his  Office,  and  it  is  by  mere  chance  that  I  hear 
of  any  vessells  going  out  or  coming  into  this  Country.  As  to  the  Trea.s- 
urers  accounts  I  believe  there  never  was  any  sent  home  from  this  Coun- 
try either  before  my  coming  to  the  Government  or  since,  but  I  shall 
take  care  they  shall  be  sent  for  the  future ;  and  endeavour  to  recover 
what  is  past  as  far  as  is  possible  in  a  Province  where  there  is  not  one 
Publick  Office,  nor  one  place  to  keep  any  record  or  Publick  Papers,  they 
all  lye  disperst  in  private  Houses  and  we  must  often  send  a  hundred 
miles  for  a  Paper  that  is  wanted,  as  long  as  these  points  are  unknown 
at  home  it  is, a  wonder  to  me  we  have  been  able  to  observe  any  regularity 
at  all  or  indeed  to  keep  up  the  face  of  Government,     we  shall  not  be 


1076  COLONIAL  RECORDS. 


able  to  do  so  long,  but  must  disband  of  course,  five  years  is  a  long 
time  for  such  a  wild  uncivilized  Country  as  this  to  be  kept  in  suspense 
on  matters  so  essential  to  the  very  being  of  Government. 

I  am  sure  I  and  the  rest  of  His  Majesty's  Officers  have  had  a  very 
severe  time  of  it  to  be  kept  out  of  our  Salarys  so  long  is  a  great  hard- 
ship. But  to  be  deprived  of  the  Countenance  &  protection  of  the  Offices 
at  home  is  really  uusupportable,  and  we  dont  want  here  malicious  peo- 
ple who  make  a  proper  use  of  it  to  bring  His  Majesty's  Government  into 
contempt. 

I  have  materials  by  me  for  answering  the  annual  queries,  and  shall 
take  care  to  do  it,  as  soon  as  I  recover  a  little  health,  having  been  but  in 
a  lingering  way  for  a  good  while  past. 

I  am  Sir,  &c.,  GAB.  JOHNSTON. 


[B.  P.  R.  O.  North  Carolina.  B,  T.  Vol.  11.  B.  89.] 

McCULLOH  vs.  GOV.  JOHNSTON— LAND  GRANTS,  &c. 

The  Humble  Memorial  of  Henry  M'Culloh.  [to  the  Board  of  Trade] 

Sheweth, 

That  His  Majesty  by  his  Commission  bearing  date  lO'"  May  1739, 
was  graciously  pleased  to  appoint  your  Memorialist  Commissioner  for 
supervising,  Inspecting  and  Comptrolling  the  Revenues  and  Grants  of 
Lands,  in  the  Provinces  of  South  and  North  Carolina,  with  full  power 
and  authority  to  Inspect  into  the  Registers  and  Records  and  upon  all 
occasions  to  send  to  your  Lord.ships  a  particular  Account  of  your  Memo- 
rialist's proceedings,  together  with  such  Informations  and  Observations 
as  your  Memorialist  should  judge  nece&sary  for  his  Majesty's  service, 
and  in  Obedience  thereto  your  Memorialist  begs  leave  most  humbly  to 
represent 

That  His  Majesty  by  iiis  order  in  Council  bearing  Date  14""  August 
1740.  Signified  his  Royal  Will  and  Pleasure  to  the  Governor  of  North 
Carolina,  that  all  Persons  petitioning  for  Lands  should  previous  to  their 
obtaining  a  Warrant,  prove  their  Rights  before  the  Governor  in  Coun- 
cil, that  if  the  Lands  so  petitioned  for  are  allowed,  the  warrants  be 
thereupon  drawn  up,  and  signed  by  the  Governor  in  Council,  &  made 
returnable  in  Twelve  months  from  the  date  thereof,  that  a  particular 
description  of  the  Lands  so  petitioned  for,  be  incerted  in  the  Warrants, 
that  before  the  Warrants  should  be  delivered  to  tiie  Surveyor,  a  Docket 


COLONIAL  RECORDS.  1077 


thereof  be  entered  in  tlie  Atulitors  Office,  and  that  in  Default  of  any  of 
tiie  said  Particuiar.s  being  olwerved,  the  said  Warrants  should  be  void. 

And  furtiier  tliat  when  Grants  should  be  made  out  agreable  to  the 
Directions  given  in  the  foregoing  Instruction,  the  Terms  and  Conditions 
of  which  the  Warrants  issued,  and  the  Lauds  were  surveyed  should  be 
particularly  and  expressly  mentioned  in  the  respective  Grants,  or  that  in 
Default  thereof  sucii  Grants  shoidd  be  void. 

That  Governor  Johnston  did  not  conform  to  the  Directions  given 
by  His  Majestys  said  Order,  but  in  most  Instances  issued  Warrants  in 
the  same  irregular  and  loose  manner  which  he  had  formerly  practised 
And  as  it  often  happened  that  there  were  no  Dockets  or  Copies  of  the 
Warrants  entred  with  the  Deputy  Auditor  so  it  could  not  appear 
whether  the  Warrants  had  not  been  originally  issued  with  Blanks,  to  be 
filled  up  at  the  pleasure  of  the  Warrantee,  or  that  any  particular  De- 
scription of  the  Lands  had  been  incerted  in  the  Warrants  previous  to 
the  survey  for  preventing  Encroachments  upon  others. 

And  in  issuing  Grants,  the  Governor  did  not  take  care  to  have  the 
Terms  and  Conditions  on  which  the  Warrants  issued,  and  the  Lands 
were  surveyed  particularly  and  expressly  mentioned  in  the  Respective 
Grants,  which  wholly  broke  in  upon  all  those  necessary  Gards  and  Pro- 
visions, which  the  Crown  had  wisely  Constituted  for  preserving  Order 
and  regularity  in  the  Records. 

That  your  Memorialist  being  instructed  by  His  Majesty  to  take  the 
most  Effectual  Measure  for  carrying  into  Execution  all  His  Majesties 
Instructions  relating  to  the  Revenue  of  the  Quit  Rents,  Thought  it  his 
Duty  to  represent  to  the  Governor  the  many  ill  Consequences  which 
would  attend  his  continuing  to  issue  Warrants  and  Grants  in  the  said 
loose  manner,  and  therefore  prayed  him  not  to  issue  Warrants  for  the 
Future  to  any  Person  who  did  not  bring  Vouchers  from  the  Receiver 
General,  of  having  paid  all  the  Quit  Rents  due  upon  such  Lands  as  they 
held  by  Grant  from  the  Crown,  and  if  this  good  method  had  been  ob- 
served, it  is  humbly  conceived  that  it  would  have  had  the  desired  Eti'ett 
by  regulating  tiie  Records  and  improving  the  Revenue  of  the  Quit 
Rents. 

That  your  Memorialist  finding  the  Governor  did  not  alter  his  former 
Method  of  issuing  Warrants  and  Grants,  directed  the  Deputy  Auditor 
carefully  to  observe  whether  any  Blank  Warrants  and  Grants  Mere  signed 
by  the  Governor  and  afterwards  disposed  of,  and  accordingly  the  Deputy 
Auditor  having  seen  in  Mr.  Griffiths  room  several  Blank  Grants  signed 
by  the  Governor  gave  notice  thereof  to  your  Memorialist,  who  being 
much  surprised  at  so  extraordinary  Proceeding  in  the  Governor  which 


1078  COLONIAL  RECORDS. 


must  be  attended  with  many  fatal  Consequences  particularly  by  unhing- 
ing the  property  of  the  Subject,  and  also  introducing  an  infinite  number 
of  Disputes,  told  the  same  to  the  Governor  who  did  not  censure  the  said 
Griffith  nor  alter  his  former  Method  of  issuing  Warrants  &  Grants. 

That  your  Memorialist  having  likewise  observed  that  the  Receiver  had 
not  regularly  accompted  for  the  Quit  Rents  nor  produced  Vouchers  for 
the  payments  said  to  have  been  made  by  him,  did  after  often  expostulat- 
ing with  him  on  that  head  without  any  satisfaction  or  effect  in  pursuance 
of  his  Majesties  Instructions,  order  the  Attorney  General  to  apjily  to  the 
Governor  for  the  Bond ;  which  was  given  by  the  Receiver  for  tiie  faithful 
execution  of  his  office,  in  order  to  prosecute  the  same. 

That  the  Governor  delayed  to  give  any  answer  until  he  met  his  Council 
in  June  1746,  when  having  asked  the  Advice  of  four  Members  of  the 
Council  (three  of  whom  were  parties  to  the  said  Bond)  they  jniblickly 
censured  the  Attorney  General  for  so  demanding  the  said  Bond. 

That  the  Receiver  General  at  the  same  time  moved  the  Council  that 
your  Memorialist  should  be  called  upon  to  Answer  to  that  Board  for 
cliarging  him  with  not  having  done  his  Duty,  by  regularly  accompting 
for  the  Quit  Rents,  and  insisted  that  as  he  had  sworn  to  the  truth  of  his 
Accounts,  so  any  such  charge  from  the  Commissioner  of  the  Quit  Rents 
was  accusing  him  of  Perjury. 

That  your  Memorialist  finding  that  the  Intention  of  the  Receiver  and 
likewise  of  the  Governor  in  so  calling  him  before  the  Council,  and  in 
taking  Cognizance  of  a  matter  which  did  not  properly  lye  before  the 
Board,  was  with  a  view  first  to  censure  him  and  afterwards  to  declare  it 
as  their  opinion,  that  the  said  Charge  against  the  Receiver  was  indirectly 
or  consequentially  accusing  him  of  perjury  upon  which  tlie  Receiver  was 
to  take  out  an  Action  of  Defamation  for  £10,000  Sterl :  against  your 
Memorialist  in  order  to  prevent  him  from  returning  to  England,  did 
thereupon  to  defeat  their  said  Intentions  put  in  a  Plea  to  the  jurisdiction 
of  the  Board,  humbly  insisting  that  he  had  acted  agreable  to  the  Duty  of 
his  office  as  Commissioner,  And  that  the  Receiver  ought  not  only  to  swear 
to  the  Truth  of  his  Accounts,  but  also  to  give  in  a  specifick  Account  of 
the  Receipt  of  the  Quit  Rents,  and  to  produce  vouchers  for  the  Payments 
said  to  be  made  by  him,  and  therefore  prayed  the  Governor  in  Council, 
to  enter  the  said  Plea,  in  order  that  their  Pi-oceedings  might  be  brought 
before  his  Majesty  in  Council,  which  (as  your  Memorialist  is  informed) 
was  not  hitherto  done. 

That  his  Majesty  having  by  his  43"^''  Instruction  to  the  Governor  of 
South  Carolina  directed  that  several  Townships  amounting  to  1,600,000 
Acres  &  upwards  in  the  Province  of  South  Carolina,  should  be  wholly 


COLONIAL  RECORDS.  107;) 


set  apart  for  the  reception  of  Foreign  Protestants  &  otliers  inclined  to 
settle  on  tlie  back  parts  of  said  Colony,  and  that  they  should  be  Intituled 
to  an  Exemption  of  Quit  Rents  for  Ten  Years  from  the  date  of  their 
respective  Settlements.  Murray  Crymble,  Js.  Huey,  and  several  other 
Persons  Associates  with  them  did  by  their  Petition  to  His  Maj'^  humbly 
pray  that  several  Tracts  of  Land,  amounting  to  1,200,000  Acres  might 
be  set  apart  for  the  recejjtion  of  Foreign  Protestants  and  others,  u])on  the 
heads  of  Pedee,  Cape  Fear  and  Nues  Rivers  in  North  Carolina,  and  that 
if  his  Majesty  would  be  graciously  pleased  to  permit  them  to  have  Grants 
of  the  said  Lands  with  an  Exemption  of  Quit  Rents  for  Ten  Years  from 
tiie  Date  of  their  Respective  Grants,  that  the  said  Petitioners  would  in 
consideration  thereof  not  only  pay  the  Legal  Fees  for  surveying  the  said 
Lands  and  passing  the  Grants,  but  also  settle  thereon  at  their  own  Charge 
six  Thousand  white  Persons  within  the  space  of  Ten  years  from  the  date 
of  their  Grants,  or  that  on  failure  thereof  such  Proportions  of  the  Lands 
as  were  not  so  settled  should  revert  to  the  Crown. 

That  His  Majesty  being  graciously  pleased  to  grant  the  request  of  the 
said  Petitioners,  ordered  surveys  to  be  made  out,  and  Grants  to  be  issued 
Accordingly. 

That  when  His  Majesty's  order  in  Council  was  transmitted  to  the  said 
Governor  he  made  an  Agreement  with  the  Surveyor  General,  that  one 
half  of  his  Fees  should  be  paid  into  the  hands  of  Captain  Samuel  Wood- 
ard,  upon  which  the  Surveyor  went  and  run  the  outlines  of  the  survey  & 
demanded  tiie  same  Fees  as  if  he  had  run  out  the  inner  Lines  of.  the  said 
survey,  and  set  apart  the  respective  Shares  of  the  said  Associates,  And 
the  Governor  likewise  insisted  that  if  the  Surveyors  Demands  were  not 
satisfied,  he  would  not  issue  the  Grants,  &  further  that  the  Grantees 
should  pay  the  Governours  and  Secretarys  Fees  in  the  same  proportion, 
as  the  poorer  sort  of  people  paid  for  small  Tracts,  which  according  to  the 
Secretary's  Calculation  would  amount  to  many  Thousand  Pounds  Ster- 
ling. 

That  the  Grantees  having  absolutely  refused  to  comply  with  the  said 
unreasonable  demands,  and  the  Surveyor  finding  that  your  Memorialist 
was  an  Associate  did  at  the  Instance  of  the  said  Gov'  and  other  officers 
take  out  an  Action  against  your  Memorialist  for  £L500  sterl*  and  up- 
wards for  running  the  out  Lines  of  the  Survey  only,  to  which  Action 
your  Memorialist  could  not  procure  any  Bail,  and  therefore  was  forced  to 
remain  in  the  hands  of  the  Sheriff  for  Fifteen  Months  and  upwards. 

That  when  the  said  Action  came  to  be  Tryed  before  Enoch  Hall  the 
Chief  Justice  he  not  only  acted  in  a  manner  very  unbecoming  his  station 
&  Character  (as  he  did  in  many  other  Cases)  but  would  not  permit  your 


1080  COLONIAL  RECORDS. 


Memorialist  to  read  in  Court  any  of  the  Governours  Letters  which  would 
fully  clear  up  the  matter  in  Dispute,  and  moreover  although  he  denied 
to  the  Defendant  that  Act  of  Justice  yet  he  allowed  to  Samuel  Johnston 
the  Governor's  brother  to  give  Evidence  to  the  Postscript  of  a  Letter 
said  to  be  written  by  your  Memorialist  to  the  Governor  without  produc- 
ing the  Letter  in  Court  or  even  alledging  that  it  was  lost,  but  notwith- 
standing the  great  partiality  of  that  Judge,  and  that  your  Memorialist 
had  been  particularly  marked  out  as  a  sacrifice  intended  by  the  Governor, 
it  pleased  God  so  to  dispose  and  move  the  Hearts  of  the  Jury  as  to  find 
a  Verdict  for  your  Memorialist. 

That  after  the  said  Trial  was  over  the  Surveyor  offered  to  take  less 
than  one  Third  part  of  his  former  Demand  and  the  other  officers  also 
moderated  their  Demands  ia  proportion,  so  that  there  was  no  longer  any 
obstacle  to  the  issuing  of  the  Grants,  wherefore  your  Memorialist  apply- 
ing to  the  Governour,  and  having  paid  the  Fees  tlie  Grants  were  made 
out  agreable  to  the  Directions  given  by  his  Majesty  on  that  head.- 

That  the  Governor  hath  not  only  exerted  himself  to  oppress  your 
Memorialist,  but  in  a  very  Illegal  and  arbitrary  manner,  proceeded 
against  several  others  who  were  obnoxious  to  him,  or  any  of  his  Depend- 
ants by  often  granting  Letters  of  Administration  Illegally,  and  revoking 
other  Letters  of  Administration  without  issuing  any  Legal  Process  pi'e- 
vious  thereto  as  by  Law  required.  And  also  by  frequently  granting 
Injunctions  contrary  to  all  Rules  and  Forms  of  Law,  and  then  by  not 
holding  Courts  of  Chancery  for  several  years,  he  hath  debarred  the  Par- 
ties from  all  Remedies  at  Law  or  in  Equity. 

That  the  Governor  not  only  acted  so  arbitrarily  in  relation  to  tiie 
Granting  of  Injunctions,  but  in  the  Case  of  Cap'  Lethgow  interposed  his 
authority  by  preventing  him  from  having  Nathaniel  Rice  &  Roger  Moore 
Esq"  tried  upon  an  Indictment  for  their  forcibly  taking  the  said  Lethgow 
out  of  a  ship,  and  afterwards  confining  him,  without  any  Legal  Warrant 
for  so  doing. 

That  altho'  the  Governor  had  repeated  Orders  not  to  pass  any  Act  for 
Emitting  Paper  Bills  of  Credit  without  first  incerting  a  suspending 
Clause,  yet  he  in  contempt  of  said  Orders  gave  his  Assent  to  an  Act  of 
Assembly  for  Emitting  Twenty  One  Thousand  Pounds  proclamation  and 
upwards,  one  Tliousand  Pounds  whereof  are  to  be  applyed  to  his  own 
private  use,  and  although  the  Governor  &  Council  plead  the  necessity  of 
their  Affairs  for  so  doing,  yet  it  is  very  Evident  that  they  neither  had 
proper  Judges  to  direct  the  Building  of  Forts,  nor  when  built  any  Ord- 
nance to  put  into  them. 


COLONIAL  RECORDS.  1081 


Tliat  altlunigli  the  Governor  by  His  Instructions  ought  not  to  pass  any 
Quit  Rent  Law  wherein  the  property  of  tlio  Crown  is  so  much  concerned 
without  inserting  a  suspending  Clause  therein,  yet  he  lately  gave  his 
Assent  to  a  Quit  Rent  Law,  contrary  to  his  said  Instructions. 

That  your  Memorialist  begs  leave  further  to  Represent,  that  Governor 
Johnston  often  exerted  his  Authority  by  preventing  such  matters  as  came 
before  the  Council  from  being  regnlarly  entered  on  the  Records,  and  that 
for  many  years  past  he  did  not  transmitt  the  Records  to  your  Lordships, 
and  also  granted  Commissions  to  several  officers  of  the  Militia  without 
ordering  the  usual  Oaths  to  be  tendered  to  them,  and  moreover  was  much 
wanting  in  his  Duty  by  not  ordering  Publick  rejoicings  upon  Advice  of 
the  nn)st  happy  Defeat  of  the  Rebels  at  Culloden. 

Wherefore  your  Memorialist  most  humbly  prays  your  Lordships  that, 
as  the  said  several  Matters  complained  of  are  of  great  Importance,  and 
nearly  relate  as  well  to  the  Crown  as  to  the  Property  and  safety  of  His 
Majesties  Subjects  in  the  said  Colony,  the  same  may  be  examined  and 
Considered,  and  that  your  Lordships  will  be  pleased  out  of  your  great  Wis- 
dom and  Justice  to  Graut  such  relief  therein  as  the  Nature  and  Circum- 
stances of  the  Case  may  require. 

And  your  Memorialist  shall  ever  pray.  etc. 

HENRY  M'-CULLOH. 

Reed:  June  8'"  1749. 


Sir,  [Gov.  Gab.  Johnston] 

A  Memorial  having  been  presented  to  my  Lords  Commiss"  for  Trade 
&  Plantations  by  Mr.  M°Culloh  Commiss'  for  inspecting  supervising 
and  comptrolling  His  Maj.  revenues  and  Grants  of  lands  in  the  Prov- 
inces of  South  and  North  Carolina  complaining  of  his  having  received 
much  injustice  and  been  greatly  discountenanced  and  oppressed  in  the 
execution  of  this  Office  by  you  &  other  Officers  in  the  government  and 
also  charging  you  witii  maladministration  I  am  directed  by  their  Lord- 
ships to  send  you  the  inclosed  copy  of  tlie  said  Memorial  for  your  An- 
swer thereto. 

And  that  their  Lordships  may  be  fully  informed  they  expect  that  you 
should  return  to  them  such  depositions  and  proofs  in  your  own  behalf  as 
you  shall  think  convenient  giving  at  the  same  time  full  liberty  to  Mr. 
M°Culloh  or  any  other  person  concerned  to  make  Affidavits  before  any 
Judge  or  other  Magistrate  of  wiiat  they  know  concerning  the  subject 
matter  of  the  said  complaint  &  that  such  Judge  or  other  Magistrate  l)e 
likewise  enjoined  to  summon  such  persons  as  the  (."oinplainant  or  any 
other  in  his  behalf  shall  name. 
Vol.  4—112 


1082  COLONIAL  RECORDS. 


That  tlic  Secretary  be  likewise  enjoined  to  give  copies  from  the  Records 
of  any  papers  which  may  be  required  by  tiie  Complainant  or  any  others 
concerned  And  if  it  should  so  happen  that  the  Records  should  be  defi- 
cient in  any  matter  required  by  him  or  them  then  that  the  Secretary  be 
further  enjoined  to  give  evidence  upon  oath  touching  such  defect. 

That  you  and  the  Complainant  or  other  person  or  persons  do  inter- 
change the  said  Proofs  and  Depositions  so  soon  as  the  same  shall  be 
made  and  that  twenty  days  be  allowed  as  well  for  yourself  as  the  Com- 
plainant or  other  persons  concerned  to  make  your  or  their  reply  by  affi- 
davit or  otherwise  to  be  in  like  manner  interchanged  and  afterwards 
certified  &  transmitted  to  my  Ijords  Comm'''  luider  the  seal  of  the  Prov- 
ince without  loss  of  time  that  their  Lordships  may  be  enabled  to  make 
a  Report  to  His  Majesty  on  the  true  state  of  this  affair. 

lam,  Sir,  &c.,  THOS.  HILL. 

Whitehall  July  14'"  1749. 


Ede.nton.  April  16""  1750. 
Sir,  [Seceetary  of  Board  of  Trade] 

I  have  sent  along  with  this  my  Answer  to  the  Memorial  of  Henry 
M°Culloii  which  was  not  served  upon  me  until  the  7""  of  March  last, 
togetiier  with  the  proper  Voudiers.  As  tliere  are  several  general  charges 
in  the  Memorial  the  particulars  of  which  I  cannot  easily  guess,  until  I 
am  served  with  a  Copy  of  tlieir  proofs,  I  shall  lake  care  to  send  a  full 
answer  to  them,  as  soon  as  they  come  to  ray  knowledge.  The  preceding 
year  proved  but  very  indifferent  for  producing  of  Indigo  and  there  was 
but  a  very  small  quantity  raised  in  this  province,  tiie  particulars  of  which 
I  iuivc  sett  down  in  the  next  page. 

lam,  &c.,  GAB.  JOHNSTON. 


To    tiie    Right    Honouralile  The   Lords   Commissioners   of  Trade   and 

Plantations 

The  answer  of  Gabriel  Johnston  Esq"  Governor  of  North  Carolina 
to  the  Memorial  of  Henry  M'Culloh. 

The  Governor  acknowledges  that  he  has  seen  a  Commission  under  the 
Great  Seal  to  Henry  M'Culioh  appointing  him  Commissioner  and  Comp- 
troller of  the  Quit  Rents  with  a  Power  to  call  for  the  Title  Deeds  of 
every  person  in  South  and  North  Carolina  holding  I^ands  under  the 
Crown,  or  the  late  Lord  Proprietors,  and  after  having  examined  them  to 
certify  them  By  which  the  Titles  should  be  confirmed  and  the  Possessor 
of  them  freed  from  any  further  troubles  forever.    And  this  seems  to  have 


COLONIAL  RECORDS.  1083 


been  the  Memorialists  Ciiief  view  in  soliciting  siioli  a  Coiiiniission,  by 
whic'ii  he  flattered  liimself"  he  should  be  able  to  raise  vast  Contributions 
on  every  person  holding  land  in  either  South  or  North  Carolina  But 
when  he  found  that  the  people  paid  no  manner  of  regard  to  this  iincom- 
inon  Clause,  the  Governor  never  heard  nor  understood  that  the  Memori- 
alist took  one  step  or  did  any  one  act  in  consequence  of  His  Commission 
until  the  year  1748,  wiien  he  demanded  Mr.  Aliens  Bond^of  which  a 
particular  account  shall  be  given  in  the  sequel  of  this  Answer. 

The  Governor  further  acknowledges  that  he  has  seen  N°  1.5  A:  Hi  of 
his  Instructions  and  the  memorial  and  tho  he  and  every  Body  else  was 
sensible  that  the  Memorialist  had  procured  them  by  false  suggestions  in 
order  to  throw  Incumbrances  in  the  way  of  Peoples  taking  up  lands 
from  the  Crown  and  to  lay  them  under  a  necessity  of  purchasing  some 
of  the  One  Million  Two  Hundred  Thousand  Acres  of  I^and  engrossed 
by  him.  Yet  the  said  Govern(jr  absolutely  denies  that  he  has  been 
guilty  of  any  breach  of  them 

The  Memorialist  all  along  takes  it  for  granted  that  everything  related 
to  his  Majesties  Lands  was  in  gi'eat  confusion  and  disorder  before  his 
arrival  but  this  is  a  fact  that  \\'ill  never  be  allowed  by  any  person  who 
knows  the  state  of  the  Country.  From  the  first  granting  of  Lands  under 
the  King  the  ^^'^arrants  and  Grants  were  always  recorded  in  the  Secre- 
tarys  Office  and  a  Doquet  of  the  Latter  in  the  Auditors  Office,  and  the 
situation  and  the  Bounds  always  distinctly  set  down  both  in  Warrants 
and  Grants  it  was  not  indeed  before  his  time  thought  necessary  to  enter 
a  Doquet  of  Warrants  in  the  Auditors  Office  as  it  was  only  a  prepara- 
tory step  to  taking  out  a  Grant,  and  several  people  take  out  Warrants 
who  never  afterwards  apply  for  Grants  but  since  his  Majesty  was  pleased 
to  command  it  whatever  the  Memorialist  may  please  to  assert  no  Body 
since  that  time  gets  Warrants  without  proving  their  Rights  they  do  not 
indeed  always  swear  to  them  before  the  Council  because  it  was  found 
impracticable  to  swear  such  a  number  there  without  neglecting  every 
other  Business  and  impossible  to  know  whether  persons  living  at  such  a 
distance  swore  to  the  truth  or  a  falsehood  it  was  therefore  judged  necessary 
to  allow  them  to  swfiar  to  their  Rights  before  the  Courts  of  their  respect- 
ive Counties  where  they  could  more  conveniently  attend  and  the  number 
of  their  Familys  be  more  easily  known  and  this  practice  if  it  is  not  ex- 
actly according  to  the  Letter  it  is  certainly  within  the  Intention  of  the 
Royal  Order  it  does  not  indeed  answer  quite  so  well  the  Design  of  the 
Memorialist  Because  if  people  were  obliged  to  travel  1.50  or  200  miles 
twice  or  thrice  before  they  could  take  up  Lands  under  the  Crown  they 
might  be  tempted  rather  to  purchase  some  of  his  vast  tract  than  put 


1084  COLONIAL  RECORDS. 


themselves  to  so  much  trouble  and  expence.  When  the  Clerks  of  the 
County  Courts  return  the  names  of  the  persons  who  have  proved  their 
Rights  with  the  number  of  their  Families  to  the  Secretarys  Office,  then 
and  not  till  then  he  prepares  a  Petition  for  a  Warrant  in  which  he  always 
certifies  that  they  have  proved  their  Rights  and  prays  an  order  to  sur- 
vey such  a  piece  of  Land  particularly  discribed,  this  is  the  constant  prac- 
tice, if  a  Doquet  of  this  Warrant  is  sometimes  not  entered  in  the  Audi- 
tors Office  the  Governor  can  never  be  blamed  for  it,  it  is  impossible  for 
him  to  follow  every  person  to  the  Auditor  or  Surveyor  to  attend  to  his 
Book  when  Grants  are  petitioned  for,  and  if  he  finds  any  person  applying 
who  has  not  entered  a  Doquet  of  his  Warrant  in  his  Office  to  stop  his 
Grant  which  would  never  be  refused,  what  is  meant  by  the  Memorialist 
when  he  complains  that  the  Terms  and  conditions  of  the  Warrants  are 
not  particularly  expressed  is  very  hard  to  understand,  the  Terms  and 
conditions  on  which  the  Warrants  are  granted  can  be  no  other  than  the 
number  of  Persons  of  which  the  Petitioners  Family  consists.  The 
Terms  and  conditions  on  \\  liich  Grants  are  issued  are  these  First  that  a 
Doquet  of  the  Grant  shall  be  recorded  in  the  Auditors  Office  in  six 
months,  Secondly  that  the  Grantee  shall  cultivate  three  acres  of  every 
hundred  in  three  years  and  Thirdly  that  he  shall  pay  yearly  four  shillings 
Proclamation  money  for  every  hundred  acres  to  the  receiver  and  I  can't 
think  anybody  will  deny  these  are  always  particularly  and  expressly 
mentioned  It  would  be  indeed  a  piece  of  injustice  to  the  Governor  in 
Council  not  to  observe  that  their  method  of  granting  Lands  from  the 
beginning  both  before  and  after  the  Memorialists  arrival  has  been  so  cau- 
tious regular  and  equitable  that  there  has  not  one  I^aw  suit  been  occa- 
sioned by  their  proceedings  during  that  long  period  which  is  a  pretty 
strong  Proof  that  matters  have  not  been  managed  in  that  loose  disorderly 
manner  as  the  Memorialist  would  represent  them. 

The  Governor  denies  that  the  Memorialist  did  ever  desire  him  to  stop 
all  Grants  to  persons  already  possessed  of  Ivands,  who  were  ift  arrears 
for  their  Quit  rents  he  is  positive  he  could  not  have  forgot  if  such  a  pro- 
posal had  been  once  made  to  him  it  is  so  reasonable  in  itself  that  he  is  sure 
he  would  have  readily  come  into  it,  as  he  did  when  it  was  afterwards 
moved  for  by  the  late  Receiver  General  and  it  is  now  a  standing  order 
of  Council. 

The  Meuiorialist  is  pleased  to  insinuate  in  several  places  that  Blanks 
are  left  by  the  Governor  to  be  filled  up  at  the  pleasure  of  the  Persons 
petition! ug  for  lands.  This  assertion  is  very  remote  from  Truth,  the 
said  Governor  never  since  he  has  been  in  the  Government  which  is  now 
.sixteen  Years  trusted  any  person  with  a  Blank  Grant  [but]  once,  and  but 


COLONIAL  RECORDS.  1085 


once  wlien  he  was  called  away  on  a  sudden  by  an  extraordinary  Emergency 
He  left  a  few  Grants  with  the  Dates  and  names  of  the  persons  not  filled 
up  at  the  Oilfice  with  his  Secretary  with  a  strict  charge  to  see  them 
properly  filled  up. 

The  Memorialist  has  given  a  very  wrong  account  of  the  affair  relat- 
ing to  Mr.  Aliens  Bond  of  which  the  following  is  a  true  and  impartial 
relation. 

The  Memorialist  has  taken  Great  Libei-ties  witli  Mr.  Aliens  ciiaracter 
and  laid  gross  things  to  his  charge  Mr.  Allen  complained  in  April 
1745  of  this  usage  to  the  Governor  in  Council  and  desired  the  Memo- 
rialist might  be  called  upon  to  prove  his  allegations,  and  that  he 
might  have  justice  done  him  in  case  of  iiis  failing  so  to  do.  This  was 
too  reasonalile  a  request  to  be  denyed  a  Member  of  his  Majesties  Coun- 
cil, accordingly  the  Secretary  was  ordered  to  w-rite  to  the  Memorialist 
and  acquaint  him  with  Mr.  Allen's  complaint  and  desire  his  attendance 
next  Council,  instead  of  complying  with  this  in  June  1746  he  sent  by 
his  attorney  a  long  tedious  paper  which  he  called  a  Declinature  of  their 
Jurisdiction,  and  demanding  Mr.  Aliens  Bond  which  demand  as  it  was 
the  only  act  he  did  in  consequence  of  his  Commission  during  his  six 
years  residence  in  the  Province  so  it  seems  to  have  taken  its  rise  entirely 
from  a  desire  of  evading  to  give  answer  to  a  charge  of  gross  Calumny 
and  defamation  against  a  Member  of  Council  In  what  passed  afterwards 
the  Governor  was  entirely  guided  by  the  opinion  of  the  Council  which 
then  consisted  of  six  persons  and  not  of  four  only  as  is  suggested  by  the 
Memorialist  One  thing  he  was  well  assured  of  the  Bond  would  not 
have  been  denied  him  the  Moment  he  as  Comptroller  had  commenced 
suit  against  the  Receiver  but  he  never  did  take  any  step  to  sue  him,  as 
to  the  taking  out  an  action  of  Ten  Thousand  Pounds  against  the  Memo- 
rialist to  prevent  his  going  to  England  the  Governor  looks  upon  it  to  be 
a  meer  Chimere  which  never  entered  into  any  Bodys  head  but  his  own. 

His  Account  of  the  Grant  of  one  Million  Two  Hundred  Thousand 
acres  of  Land  is  a  shameful  misrepresentation  of  matter  of  fact  from 
beginning  to  end.  He  wants  to  put  the  Grant  of  this  excessive  Quan- 
tity of  Land  on  the  same  footing  with  that  of  one  Million  Six  Hundred 
Thousand  acres  granted  by  the  Royal  Instruction  to  the  Government  of 
South  Carolina  for  the  settlement  of  Forreign  Protestants  and  for  which 
the  Assembly  of  that  Province  raised  the  necessary  sums  for  carrying  it 
into  Execution.  Wliei'eas  his  was  a  private  Jobb  of  his  own  and  a 
great  imposition  upon  his  Majesty  in  Council  as  will  appear  by  an  origi- 
nal paper  recorded  in  the  Secretarys  office  of  this  Province  hereunto 
annexed  by  which  it  is  plain  that  the  property  of  that  whole  exorbitant 


1086  COLONIAL  RECORDS. 


quantity  of  Land  is  entirely  vested  in  him  tiio  he  can't  pretend  to  any 
Estate  sufficient  to  make  a  tolerable  -settlement  on  it  and  his  engrossing 
of  it  is  a  great  Im])edinient  to  the  peopling  of  this  County.  He  has 
himself  in  person  and  by  his  Agents  been  Hawking  it  about  in  small 
quantities  thro  all  the  back  parts  of  the  Province  and  quite  tiiro  America 
even  to  Boston.  Tiiis  is  a  very  different  case  from  the  settlement  in 
Soiitii  Carolina. 

The  Governor  absolutely  denies  that  he  made  any  stipulation  with  the 
Surveyor  General  about  the  survey  of  that  Land  in  favour  of  Mr. 
Woodward  or  any  Body  else  but  sent  him  the  order  of  Council  for  that 
purpose  without  any  other  iuj unction  besides  recommending  to  him  to 
find  out  the  best  .Land  he  could  for  the  Memorialist.  He  likewise  denies 
that  he  knew  anything  of  or  was  in  the  least  concerned  in  the  suit  which 
the  surveyor  General  commenced  against  the  Memorialist  for  his  legal 
Fees  and  looks  upon  it  as  a  bare  and  gi'oundless  reflection  to  insinuate 
that  he  had,  when  he  first  heard  of  it  he  brought  them  together  and  took 
great  pains  to  bring  them  to  a  good  understanding.  But  after  he  found 
by  their  animosity  against  one  another  tliere  was  no  hopes  of  reconciiling 
them,  he  never  directly  nor  indirectly  troubled  himself  about  it.  But 
left  it  to  the  course  of  the  Law. 

The  Memorialist  by  mentioning  he  was  in  the  custody  of  tiie  Sheriff 
for  Fifteen  months  wants  to  have  't  believed  that  he  was  under  confine- 
mei!t  all  that  time  thinking  that  may  prove  some  excuse  for  doing  noth- 
ing in  consequence  of  his  Commission  But  it  is  well  know[n]  he  was 
not  one  day  under  confinement  and  went  from  one  end  of  the  Province 
to  the  other  without  any  officer  to  attend  him  during  that  time. 

As  the  Governor  never  did  exert  himself  to  oppress  the  Memorialist 
so  he  absolutely  denies  that  he  either  granted  or  revoked  letters  of  admin- 
istration in  any  illegal  or  arbitrary  nianner  or  that  he  ever  granted 
Injunctions  contrary  to  all  rules  and  forms  of  Law  and  when  the 
Memorialist  thinks  fit  to  mention  any  particular  case  he  does  not  doubt 
to  give  a  satisfactory  account. 

That  for  ten  years  after  the  Governor  came  in  there  were  no  courts  of 
Chancery  regularly  held  is  certainly  true,  but  that  can  be  no  crime  in 
him,  by  the  Laws  of  the  Country  the  Court  of  Chancery  was  to  sit  at 
three  different  times,  and  immediately  after  the  General  Court,  at  Eden- 
ton  on  the  Borders  of  Virginia.  The  Members  of  Council  all  but  two 
lived  at  Cape  Fear  joyning  to  South  Carolina,  and  two  hundred  miles 
from  Edenton.  The  Governor  did  attend  three  or  four  Courts  but  he 
could  not  compel  the  majority  of  the  Council  to  leave  their  Business  and 
Plantations  three  times  every  vear  and  travel  backwards  and  forwards 


COLONIAL  RECORDS.  1087 


Twelve  huiulred  miles  when  they  had  neither  fee  Salary  nor  reward  for 
so  doing.  As  this  was  matter  of  great  concern  to  the  Governor  so  it 
was  one  of  the  Principal  Inducements  with  him  to  give  his  assent  to 
that  Law  passed  at  Wilmington  for  fixing  the  General  Court  at  Newbern 
in  the  centre  of  the  Province,  since  which  the  Courts  of  Chancery  and 
other  Courts  have  been  held  with  the  greatest  regularity  Tho  the  passing 
that  just  and  necessary  Law  gave  the  Memorialist  and  his  Agents  a 
Handle  to  raise  great  disturbances  and  commotions  among  the  people  for 
some  time. 

In  the  case  of  Lithgow  when  the  Governor  was  applied  to  by  Mess" 
Rice  and  Moore  he  absolutely  refused  to  meddle  at  all  with  that  affair 
until  the  Attorney  General  came  into  Council  and  declared  that  a  Nole 
Prosequi  was  a  thing  of  course  in  such  cases  and  if  the  Goveruor  scru- 
pled it  he  as  Attorney  General  would  grant  one. 

As  to  the  affair  of  the  paper  currency  the  Governor  has  nothing  to 
add  to  his  letter  to  your  Lordships  on  that  subject  last  summer,  only  as 
to  the  Memorialist  assertion  that  there  is  no  ordnance  planted  on  the  Bat- 
terys  of  that  Fort,  it  is  false  for  there  are  four  pieces  of  cannon  planted 
there  and  application  has  been  making  for  these  two  years  past  to  his 
Majesty  for  a  compleat  set  of  ordnance  which  we  hope  soon  to  obtain. 

The  last  article  of  his  complaint  as  it  consists  only  of  general  asser- 
tions the  Governor  will  take  no  notice  of  until  he  enters  into  particulars 
he  accuses  him  of  not  ordering  rejoiceiug  thro  the  Province  on  occasion 
of  his  Royal  Highnesses  victory  over  the  Rebels  at  Colledon  It  is  very 
true  he  did  not  nor  more  did  any  Governor  in  America  at  that  or  any 
other  time.  He  was  then  at  his  Plantation  about  one  Hundred  Miles 
from  the  seat  of  Government  and  very  lukily  had  at  his  House  the  Chief 
Justice  of  the  Province  and  two  Captains  of  the  army  Mess"  Hodgson 
and  Nelson  who  were  daily  Witnesses  of  his  service  and  frequent  wishes 
for  good  success  to  his  Royal  Highness  before  we  heard  the  news  of  his 
glorious  Victory  and  of  his  real  and  unfeigned  joy  when  he  was  assured 
of  it.  But  this  is  only  a  sequel  to  the  many  attempts  he  has  made  to 
represent  the  Governor  under  the  base  and  vile  character  of  a  Jacobite 
and  having  turned  out  the  poor  Palatines  from  their  Lands  to  make  room 
for  Scotch  Rebels.  Having  now  given  a  full  and  distinct  answer  to  this 
Tedious  and  perplexed  complaint  in  which  the  Memorialist  has  collected 
all  the  facts  during  an  Administration  of  sixteen  years  which  malice 
itself  or  the  worst  of  his  enemies  could  represent  and  put  a  wrong  con- 
struction upon  he  hopes  your  Lordships  will  be  so  good  as  to  indulge 
him  in  makinsr  a  few  observations  on  the  state  of  this  Colony. 


1088  COLONIAL  RECOEDS. 


That  no  other  Governor  in  America  had  such  difficulties  and  discour- 
agements to  struggle  with  as  he  had  chiefly  occasioned  by  the  unequal 
representation  of  the  Lower  House  of  Assembly  in  which  the  Members 
for  six  Counties  had  it  in  their  Power  and  actually  did  defeat  and  disap- 
point for  twelve  years  together  all  the  measures  of  the  Governor  Coun- 
cil and  the  Members  for  the  other  eleven  Counties. 

That  since  the  year  1746  in  which  the  Assembly  at  Wilmington  was 
held  there  has  been  a  more  sure  and  perfect  foundation  laid  for  the  future 
peace  and  Tranquility  of  the  Province  by  the  many  good  Laws  which 
have  been  passed  than  ever  was  before  since  the  Country  was  settled 
The  only  considerable  grievance  yet  remaining  is  the  vast  load  of  arrears 
of  Quit  rents  due  to  the  King  and  Earl  Granville  and  even  this  is  in 
a  fair  way  to  be  remedied  by  a  Law  passed  for  that  purpose  but  it  is  cer- 
tainly an  inquiry  well  worth  making  How  so  great  an  arrear  came  to  be 
due  It  is  highly  impossible  that  the  Governor  if  he  could  by  any  means 
prevented  it  would  have  suffered  his  Sallarj'  to  run  in  arrear  almost 
Twelve  Thousand  Pounds  sterling,  nor  is  it  natural  to  imagine  that  the 
Receiver  tho  he  has  been  so  much  exclaimed  against  on  that  account 
would  have  lost  ten  per  cent  for  so  large  a  sum  as  might  have  been  col- 
lected if  he  could  have  helped  it.  The  true  reason  my  Lords  why  neither 
Governor  nor  receiver  could  ever  yet  make  any  tolerable  collections  was 
the  want  of  a  Rent  Roll  the  Question  then  returns  why  were  not  eifec- 
tual  Measures  taken  to  procure  a  Rent  Roll  My  Lords  there  was  a  most 
full  and  ample  Clause  for  that  i)urpose  in  a  Law  we  after  a  four  years 
struggle  passed  in  1739.  But  there  were  it  seems  some  other  unhappy 
Clauses  in  it  which  induced  his  Majesty  to  repeal  it  before  it  had  oppe- 
rated  so  far  as  to  obtain  any  tolerable  Rent  Roll  as  was  allowed  to  a  Law 
for  that  purpose  in  South  Carolina  tho  far  enough  from  being  agreeable 
to  the  Crown  in  other  respects.  That  this  Law  was  repealed  so  speedily 
and  before  the  province  had  a  hearing  is  by  every  body  imputed  to  the 
gross  misrepresentation  and  false  assertions  of  the  memorialist  and  hi* 
undertakings  to  put  this  part  of  his  Majesties  Revenue  on  a  better  foot- 
ing than  could  possibly  be  done  by  this  Act.  This  My  Lords  accompts 
for  the  want  of  a  Rent  Roll  until  the  year  1741,  The  remarkable  sera 
of  the  Memorialists  appearance  in  North  Carolina,  that  he  might  begin 
his  undertaking  to  the  best  advantage  he  prevailed  upon  the  Auditor 
General  to  appoint  for  a  Deputy  a  Nephew  of  his  from  Ireland  and  who 
was  to  be  entirely  under  his  Direction  and  who  it  is  well  known  here 
never  takes  one  step  without  his  direction  and  who  (iven  refused  the 
Officers  Deventures  for  their  Sallerys  without  giving  one  reason  for  it 
except  this  that  his  Uncle  had  given  him  no  orders  about  it     now  it  is- 


COLONIAL  RECORDS.  1089 


the  known  dnty  of  the  Deputy  Auditor  after  every  sitting  of  the  (jov- 
<irnor  and  Council  to  grant  hinds  which  is  twice  a  year  if  not  oftener  to 
give  the  Receiver  fresh  and  additional  Rent  Roil,  and  charge  him  witii 
the  rents  thence  accruing,  But  so  it  is  that  dui'ing  the  Memorialist  six 
years  residence  here  he  never  once  allowed  him  to  give  an  additional 
Rent  Roll;  as  the  chief  reason  given  in  the  Preamble  of  the  Commission 
•appointing  the  Memorialist  Commissioner  and  Comptroller  of  the  Quit 
Rents  was  the  careless  and  irregular  conduct  of  the  Governor  and  other 
officers,  The  Governor  thought  it  but  prudence  not  at  all  to  interfere 
with  him  But  to  leave  the  whole  affair  to  his  management  But  imme- 
diately after  his  departure  for  England  in  summer  1747,  He  expostu- 
lated very  sharply  with  the  Deputy  Auditor  upon  this  head  and  laid  his 
commands  upon  him  to  supply  the  former  defects  and  to  be  more  punc- 
tual for  the  future  But  it  was  all  to  no  purpose  for  he  either  could  not, 
or  would  not  do  it,  until  last  summer  he  gave  in  a  few  loose  papers 
unsigned  and  so  vastly  unconnected  that  it  was  impossible  for  the  Receiver 
to  make  any  use  of  them  and  that  in  nine  years  tiiat  is  since  the  Memo- 
rialists first  appearence  here  ;  there  is  above  half  a  Million  of  acres  with 
■which  the  Deputy  Auditor  lias  never  charged  the  Receiver  and  which 
his  Uncle  and  Director  is  entirely  to  be  blamed  for  It  always  appeared 
very  strange  to  the  Governor  that  the  Memorialist  who  is  so  mighty 
zealous  about  proving  Rights  and  entering  Warrants  and  several  other 
small  things  should  suffer  so  essential  so  absolutely  necessary  a  matter  to 
be  neglected  by  an  officer  of  his  own  recommendation  and  always  a(;ting 
under  his  eye  There  is  no  accounting  for  it,  but  one  way  and  that  is  he 
thought  it  was  his  Interest  to  keep  this  Branch  of  the  Revenue  which 
was  immediately  under  his  inspection  in  confusiou  in  order  to  make 
the  continuance  of  this  commission  seem  necessary  at  home. 

The  Governor  begs  leave  to  assure  your  Lordships  that  as  it  has  always 
been  his  study  to  preserve  Harmony  and  good  agreement  among  all  his 
Majesties  Officers  so  in  particular  endeavoured  to  keep  up  a  good  under- 
standing with  the  Memorialist  But  soon  found  that  unless  he  would 
make  all  publick  Measures  The  Settlement  of  the  Country  and  his  In- 
structions subservient  to  his  little  schemes  for  jobbing  his  Lands  there 
was  no  avoiding  his  malice  and  detraction  he  has  further  the  pleasure 
to  assure  your  Lordships  that  there  now  wants  nothing  to  the  settling 
this  Province  in  perfect  peace  and  tranquility  But  his  Majestie's  deter- 
mination of  the  points  now  in  dispute  Tho  the  memorialist  and  his  open 
avowed  agents  have  done  all  in  their  power  to  excite  the  people  to  a 
Rebellion,  and  would  certainly  have  succeeded  if  things  had  not  been 
managed  with  great  temper  and  moderation. 


1090  COLONIAL  RECORDS. 


The  Memorialist  in  particular  has  used  all  methods  to  keep  matters 
from  coming  to  a  speedy  issue  of  which  his  very  memorial  is  a  plain  In- 
stance for  tho  it  was  presented  to  your  Lordships  on  the  fourteenth  of 
July  it  was  not  sent  from  London  until  the  middle  of  November  nor 
served  upon  the  Governor  until  the  Seventh  of  March  last  otherwise  he 
would  have  put  in  an  answer  to  your  Honourable  Board  before  last 
Christmas  But  that  would  not  have  agreed  with  the  Memorialists  views 
of  heaping  up  a  flame  in  this  Country. 

All  which  is  humbly  submitted,  &c.,  GAB  :  JOHNSTON. 

Rec''  June  v«  27*  1750. 


The  following  sheets  contain  the  several  proofs  and  Vouchers  to  the 
answer  of  His  Excellency  Gabriel  Johnston  Esq"  Governor  &c.  of  North 
Carolina  to  the  Memorial  of  Henry  M'Culloh  Esq'"'^  presented  to  the 
right  honorable  the  Lords  Commissioners  of  Trade  and  Plantations. 

North  Carolina 

Personally  appeared  before  me  James  Hasell  Esq'^"  Chief  Justice  of 
the  .said  Province  John  Rice  Gent.  Deputy  Secretary  who  being  duly 
sworn  on  the  Holy  Evangelists  of  Almighty  God  Deposeth  and  saitb 
that  all  Petitions  tiiat  have  been  drawn  by  this  Deponent  for  Warrants 
for  Land  and  preferred  by  him  to  the  Council  from  September  Court 
1741.  to  this  day  have  been  to  the  best  of  his  knowledge  in  and  agreable 
to  the  forms  of  the  two  several  Petitions  hereunto  annexed.  And  further 
this  Deponent  saith  that  the  two  Papei's  purporting  Instructions  relating 
to  land  and  now  shewn  to  this  Deponent  N.  1 — 2.  are  the  only  Instruc- 
tions to  this  Deponent's  knowledge  that  are  recorded  in  the  Secretary's 
Oflice  at  Newbern     And  further  this  Deponent  saith  not. 

JN"  RICE 

Sworn  before  me  the  .S""  of  April  1750. 
Jas.  Hasell  C.  J. 

To  His  Excellency  the  Governor  in  Council 

The  Humble  Petition  of  William  Person  Sheweth 

That  he  hath  proved  his  Rights.  Wherefore  he  humbly  prays  a  war- 
rant for  .350  acres  of  Land  to  be  laid  out  in  the  County  of  Edgcomb 
joining  his  Plantation  on  Stone  House  Creek  for  the  Complement.  And 
as  in  duty  bound  shall  ever  pray  &c. 

Granted  the  23'"  November  1744. 


COLONIAL  RECORDS.  1091 


North  Cauomna 

To  His  Excellency  the  Governor  in  Council 

The  Humble  Petition  of  John  Echolls  Sheweth 

That  he  hath  proved  his  rights.  Wherefore  he  humbly  prays  a  war- 
rant for  50  acres  of  Land  to  be  laid  out  in  the  County  of  Beaufort  upon 
the  head  of  Goose  Creek  on  the  South  side  known  by  the  name  of  Put- 
nells  Ridge.     And  he  will  pray  &c. 

Granted  the  5'"  October  1747. 


North  Carolina. 

Before  James  Hasell  Esq"  Chief  .Justice  of  the  Province  of  North 
Carolina  this  third  day  of  April  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  fifty  personally  came  and  appeared  Edward  Griffith 
of  C'raven  County  in  the  Province  aforesaid  Esq"  who  being  duly  sworn 
on  the  Holy  Evangelist  of  Almighty  God  Deposeth  and  saith  that  this 
Deponent  is  and  for  eight  or  nine  years  past  hath  been  private  Secretary 
to  His  Excellency  Gabriel  Johnston  Esq"  Governor  &c  of  North  Caro- 
lina and  hath  during  the  time  of  this  Deponent's  service  in  that  office 
and  constantly  attended  all  Courts  of  Claims  since  March  one  thousand 
seven  hundred  and  forty  two  and  hath  seen  most  of  the  warrants  that 
have  been  issued  since  the  time  aforesaid  and  that  he  never  saw  a  warrant 
for  surveying  Lands  as  afores*  signed  by  His  Excellency  the  Governor 
but  what  had  therein  inserted  the  quantity  of  Acres  the  County  and 
Place  where  the  same  was  to  be  laid  out  and  surveyed  and  this  Deponent 
further  saith  that  he  does  not  know  or  can  remember  that  any  Patent  or 
Patents  passed  the  Great  Seal  of  the  Province  but  what  had  the  bounds 
of  the  Lands  inserted  therein  and  the  Plot  annexed  thereunto  nor  never 
knew  his  Excellency  the  said  Governor  to  sign  any  blank  Patents  except 
once  which  as  near  as  he  can  remember  was  in  September  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  forty  five  in  a  great  hurry  of 
business  at  a  Court  held  in  Bath  Town,  the  Governor  then  signed  some 
Blanks  what  number  this  Deponent  cannot  well  remember  and  delivered 
them  to  this  Deponent  then  and  now  his  Secretary  as  aforesaid  with  strict 
orders  and  directions  to  see  that  the  same  were  properly  filled  up  and  this 
Deponent  further  saith  that  not  one  of  them  passed  the  Great  Seal  of  the 
Province  aforesaid  till  the  Plot  from  the  Secretary's  Office  was  affixed 
and  the  bounds  of  the  Lands  ascertained  in  the  Body  of  the  s*  Patents 
and  this  Deponent  further  saith  that  he  cannot  remember  or  to  the  best 
of  his  knowledge  ever  knew  the  said  Governor  either  since  or  before  the 
time  aforesaid  sign  any  Patent  but  the  Surveyors  Plot  was  liruught  with 


1092  COLONIAL  RECOEDS. 


them  from  His  Majesty's  Secretary's  Office  of  the  Province  aforesaid. 
And  further  this  Deponent  saith  not. 

EDW  GRIFFETH. 


Answers  to  Interrogatories  administred  this  third  day  of  April  Anno. 
Dom:  1750.  to  Mr.  Alexander  M°CulIoh  Deputy  Auditor  who  being 
duly  sworn  on  the  Holy  Evangelists  of  Almighty  God  answereth  & 
saith 

To  the  first.  That  he  this  respondent  once  and  but  once  saw  several 
Patents  but  what  number  this  Respondent  can't  tell  at  the  said  Mr. 
Griifeth's  room  at  one  Duncan's  near  Bath  with  the  said  Governor's 
hand  thereto  subscribed  without  the  Great  Seal  of  the  Province  of  North 
Carolina  which  were  at  that  time  blank  or  not  filled  up. 

To  the  second.  That  the  said  Governor  once  or  twice  told  this  Respon- 
dent that  Eleazer  Allen  Esq"  then  receiver  General  had  complained  for 
the  want  of  a  rent  roll  but  at  what  time  this  Respondent  can  t  remember 
And  this  respondent  further  answe'reth  that  he  this  respondent  did  satisfy 
the  said  Governor  that  he  wou'd  give  the  said  receiver  General  a  rent 
roll  which  this  respondent  accordingly  did. 

ALEXANDER  M'CULLOH. 


Answers  to  Interrogatories  administered  this  third  day  of  April  Anno 
Domini  1750.  to  Mathew  Rowan  Esq'°  who  being  duly  sworn  on  the 
Holy  Evangelists  of  Almighty  God  answereth  and  saith 

To  the  first.  That  he  does  not  know  of  any  Agreement  whatsoever. 

To  the  second.  That  his  said  Excellency  did  not  at  any  time  or  times 
prompt,  advise  or  persuade  this  Respondent  to  commence  any  suit  or 
suits  against  the  said  Henry  M^Culloh.  MATT:  ROWAN 


North  Carolina 

Before  me  James  Hasell  Esq"  Chief  Justice  of  the  Province  of  North 
Carolina  this  third  day  of  April  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  fifty  Personally  came  and  appeared  John  Sampson  of 
New  Hanover  County  in  the  Province  aforesaid  Esq"  who  being  duly 
sworn  on  the  Holy  Evangelists  of  Almighty  God  Deposeth  and  saith 
that  he  this  Deponent  was  at  the  time  of  the  Commencement  of  an  action 
or  actions  in  the  General  Court  of  this  Province  (wherein  Mathew 
Rowan  Esq"  was  Plantifi"  against  Henry  M°Culloh  Esq"  Defendant) 
High  Sheriff  of  the  County  of  New  Hanover  and  as  such  did  serve  the 
first  process  or  Capias  ad  respondendum  upon  the  said  Henry  M°Culloh 


COLONIAL  RECORDS.  1093 


in  the  actions  aforesaid.  That  this  Deponent  continued  in  that  Office  for 
near  twelve  months  after  the  service  of  the  said  Process  and  that  during 
all  that  time  the  said  Henry  M°Culloh  was  not  under  any  confinement 
but  on  the  contrary  had  the  liberty  to  go  all  over  the  Province  of  North 
Carolina  And  this  Deponent  further  saith  that  after  the  expiration  of 
the  time  of  service  of  this  Deponent  in  the  said  Office  of  Sheriff  one 
Robert  Walker  since  deceased  was  appointed  High  Sheriff  of  the  said 
County  of  New  Hanover  and  was  such  some  time  before  and  at  the  trial 
of  the  said  suits  between  the  said  Mathew  Rowan  and  Henry  M°Culloh 
That  this  Deponent  lived  all  that  time  at  the  Town  of  Wilmington  in 
New  Hanover  County  aforesaid  where  the  said  Robert  Walker  resided 
and  where  the  County  Goal  for  the  said  County  of  New  Hanover  was 
kept  That  this  Deponent  never  knew  or  ever  heard  that  the  said  Henry 
M°Culloh  was  in  close  confinement  but  on  the  contrary  was  always  at 
large  to  go  wheresoever  he  thought  proper  And  further  this  Deponent 
saith  uot.  JOHN  SAMPSON. 


Whereas  a  Petition  was  lately  preferred  to  His  Majesty  in  Council  in 
the  names  of  us  Murray  Crymble  and  James  Huey  of  London  Mer- 
chants praying  for  a  Grant  of  twelve  hundred  thousand  acres  of  Land 
in  North  Carolina  in  consideration  of  settling  six  thousand  Protestants 
which  Petition  was  referred  by  His  Majesty  to  a  Committee  of  Council 
and  by  the  Committee  of  Council  to  the  Lords  Commissioners  for  Trade 
and  Plantations  and  whereon  the  said  Lords  of  Trade  have  made  their 
report  to  the  Committee  of  Council  in  favour  of  us  subject  to  such  terms 
and  conditions  as  in  the  said  report  are  mentioned.  Now  We  the  said 
Murray  Crymble  and  James  Huey  Do  hereby  declare  that  our  names 
were  made  use  of  in  the  said  Petition  only  in  trust  for  Henry  M°Culloh 
of  London  Merchant  And  that  the  said  Tracts  of  Land  when  granted  is 
to  be  for  the  proper  use  and  benefit  of  the  said  Henry  M'CuUoh. 

Witness  our  hands  the  IS""  day  of  December  1736. 

MURRAY  CRYMBLE. 

Witness  JAMES  HUEY 

Hen.  Howson 
Fran  :  Redmayne. 


Minutes  of  Council   6'"  day   April    1745  and  28'"  June  174(3.     [See 
Council  Journals.] 


1094  COLONIAL  RECORDS. 


Interrogatories  exhibited  to  Jos  Anderson  on  behalf  of  his  Excellency 
Gabriel  Johnston  Esq"  Governor  &c. 

To  the  first  Interrogatory  this  Deponent  saith  as  well  as  he  can  remem- 
ber that  some  time  in  March  in  the  year  1745  at  Bath  Town  his  Excel- 
lency the  Governor  did  acquaint  this  Deponent  that  Mr.  Rice  and  Mr. 
Moore  or  one  of  them  had  applied  to  him  for  his  warrant  to  direct  this 
Deponent  to  enter  np  a  Nolle  Prosequi  on  a  Bill  of  Indictment  found 
by  the  Grand  Inquest  against  them  at  the  Wilmington  Assize  in  Sep- 
tember then  last  past  for  a  conspiracy  against  Mr.  Lithgow  as  they 
alledged,  whereupon  his  Excellency  did  advise  with  this  Deponent 
whether  he  ought  to  interfere  especially  as  he  did  not  know  but  that  by 
stopping  the  prosecution  it  might  affect  Mr.  Lithgow  in  his  property,  on 
which  tills  Deponent  acquainted  his  Excellency  that  Mr.  Rice  and  Mr. 
Moore  had  misrepresented  the  natui-e  of  the  prosecution,  for  that  the 
matter  in  the  indictment  contained,  was  for  a  trespass,  assault  and  false 
imprisonment,  and  not  for  a  conspiracy,  and  that  he  did  advise  his  Ex- 
cellency to  grant  his  warrant  for  a  Nolle  Prosequi  inasmuch  as  Mr. 
Lithgow  could  not  expect  to  recover  any  damages  to  himself  by  a  con- 
viction on  the  Indictment,  consequently  be  no  way  affected  thereby  in 
his  property ;  this  Deponent  further  saith  that  the  only  motive  he  had 
to  advise  his  Excellency  thereto  was,  that  as  there  had  been  some  differ- 
ence subsisting  between  his  Excellency  and  Mr.  Moore  and  some  others 
of  the  Members  of  Council,  and  at  or  about  that  time  on  a  reconcilia- 
tion, that  by  refusing  his  warrant,  it  might  be  a  means  to  prevent  that 
harmony  which  ought  to  subsist  between  his  Excellency  and  the  Council. 
And  this  Deponent  further  saith  that  he  afterwards  did  receive  from  the 
Deputy  Secretary  his  Excellency's  warrant  dated  the  14""  of  the  same 
month  of  March  under  the  Seal  of  the  Colony  directed  to  this  Deponent 
as  Attorney  General  therelw  setting  forth  that  he  by  the  advice  of  His 
Majesty's  Council  did  order  tliis  Deponent  to  enter  a  Nolle  Prosequi  and 
stay  all  Proceedings  on  tiie  said  Indictment,  wiiich  this  Deponent  accord- 
ingly did  enter  up^it  the  next  ensuing  Court  of  Assize  at  Wilmington 
and  thereupon  Mr.  Rice  and  Mr.  Moore  were  discharged  of  that  Prose- 
cution. 

To  the  second  Interrogatory  saith  he  doth  not  remember  that  lie  told 
his  Excellency  at  Bath,  or  any  otiier  place,  that  if  his  Excellency  slionid 
not  grant  a  Nolle  Prosequi,  that   he  the  Deponent  would  do  it  himself. 

JOS:  ANDERSON. 


COLONIAL  RECORDS.  1095 


Answers  to  tlie  IiiterrogatDries  administered  to  Mr.  Alexander  M'Cul- 
loh  Deputy  Auditor  this  o'"  day  of  April  1750. 

To  the  first.  That  the  Books  or  Papers  now  shewn  him  &  marked  No. 
1 — No.  '2  are  to  the  best  of  this  Repondent's  knowledge  and  belief  the 
Books  or  aecounts  sent  to  Eleazer  Allen  Esq"  late  Receiver  General  being 
Copies  of  some  of  the  Records  kept  in  this  Respondent's  Office. 

To  the  second.  That  this  respondent  cannot  positively  answer  as  he  is 
n(y\v  far  from  home  and  can't  examine  the  records  which  are  now  at  the 
House  of  this  respondent. 

ALEXANDER  M^CULLOH. 


Answers  to  Interrogatories  administered  to  Samuel  Swann  Esq"  by 
James  Hasell  E.sq"  Chief  .Justice  of  the  Province  of  North  Carolina 
the  5"^  day  of  April  1750. 

To  the  first  Interrogatory.  This  respondent  ansvvereth  and  saitli  that 
he  was  of  Council  in  the  two  suits  mentioned  in  the  said  Interrogatories 
for  Henry  M°Cull(jh  Esq". 

To  the  second.  This  respondent  answereth  and  saitli  That  it  appeared 
to  this  respondent  that  the  said  Henry  IVPCulloh  had  a  fair  and  impartial 
Trial  in  the  said  suits  and  this  respondent  is  of  opinion  that  had  it  not 
been  for  a  letter  of  the  said  Mathew  Rowan's  Esq"  produced  by  the  said 
Henry  M°Cnlloh  at  the  said  Trial  wrote  by  the  Plaintift'  to  Messrs  Huey 
and  Murray  Crymble  wherein  the  said  Mathew  Rowan  the  Plaintiff  dis- 
claimed taking  Henry  M'Culloh  Esq"  as  paymaster  for  the  Fees  and 
expenses  on  the  said  Survey  of  twelve  hundred  thousand  acres  of  land  the 
verdict  in  that  suit  must  according  to  the  rules  of  Law  have  been  given 
against  tiie  said  Henrv  M°Culloh  Esq" 

SAM'  SWANN. 

June  25*  1750. 
Sir,  [to  the  Secretary  of  the  Treasury] 

I  had  the  honour  to  lay  before  you  Governor  Johnston's  letter 
wherein  he  takes  notice  of  Mr.  MaccuUoh's  complaint  against  him  with 
regard  to  the  King's  revenue  in  North  Carolina,  and  that  he  was  imme- 
diately to  give  his  answer  to  the  said  complaint  as  my  Lords  for  Trade 
and  Plantations  had  required  him  to  do,  I  have  therefore  been  obliged 
to  lay  the  Original  Papers  which  have  been  transmitted  to  me  within 
these  few  days,  containing  the  Governors  answer  with  the  proper  proofs  in 
support  of  the  same  under  the  Provincial  Seal,  before  that  Board,  but  at 
the  same  time,  as  the  Govern"  Answer  Opens  a  scene  not  onl^  with  regard 
to  the  peace  and  the  good  settlement  of  that  Province,  but  also  more 


1096  COLONIAL  RECORDS. 


particularly  witii  regard  to  the  King's  revenue  in  South  as  well  as  in 
North  Carolina,  and  as  the  Govern'  in  his  own  defence  and  justification 
has  been  necessarily  obliged  to  point  out  some  defects  in  Mr.  M'Culloh's 
Commission,  which  may  require  some  consideration;  I  have  therefore 
thought  it  my  particular  duty  to  lay  a  Copy  of  the  said  Answer  before 
my  Lords  of  the  Treasury  in  hopes  that  their  Lordships  will  either  call 
for  the  Original  Papers  and  from  thence  take  upon  themselves  the  exami- 
nation of  this  whole  matter  which  so  materially  concerns  the  revenue,  or 
suspend  their  determination  upon  particular  points,  till  such  time  as  my 
Lords  for  Trade  and  Plantations  have  reported  upon  the  whole  case  now 
before  them. 

The  reasons  which  I  beg  leave  to  offer  in  behalf  of  my  Constituents 
for  moving  that  my  Lords  of  tiie  Treasury  either  take  this  matter 
wholly  upon  themselves,  or  suspend  their  determination  on  any  part  till 
such  time  as  it  has  been  reported  upon  by  the  Ijords  for  Trade,  are 
these. 

First  that  as  in  the  course  of  an  examination  into  the  merits  of  this 
case  it  will  be  found  necessary  to  take  Mr.  Macculloh's  Commission  into 
consideration,  and  if  upon  a  reconsideration  of  such  Commission  it 
appears  that  the  King  has  been  deceived  in  his  Grant  by  some  Clauses 
being  contained  therein  that  are  arbitrary  and  oppressive,  and  not  war- 
ranted by  the  fundamental  Law  of  the  Land ;  it  is  therefore  hoped  that 
till  this  point  is  considered  that  their  Lordships  will  make  no  final  or 
interlocutory  order  that  may  operate  so  as  to  corroborate  the  said  Com- 
mission which  it  is  apprehended  that  an  order  for  payment  of  Salary  or 
arrears  of  Salary  might  do. 

2"''  That  admitting  such  Commission  to  be  found  warranted  in  point 
of  Law,  yet  from  the  proofs  now  before  the  Lords  for  Trade  &c.  and  to 
which  the  Governor  referrs,  it  may  appear  that  the  Commissioner  has 
incurred  a  forfeiture  of  such  Commission  through  his  own  misfeasance. 

3''  That  upon  examination  it  may  a])pear  that  the  Kings  Intention 
declared  in  the  said  Commission  has  not  been  any  way  answered,  so  as  to 
improve  his  revenue  of  Quit  rents  but  that  such  Commission  has  pro- 
duced a  quite  contrary  effect,  in  such  case  the  utility  of  such  Commission 
may  come  in  question,  and  from  thence  will  arise  this  very  material  con- 
sideration (viz.)  whether  the  Establishment  of  £800  sterling  per  annum 
attending  this  Commission  upon  this  express  supposition  that  the  King's 
revenue  was  to  be  improved  thereby,  in  point  of  policy  may  not  be  ap- 
plyed  in  aid  of  the  appointments  for  the  Governor  and  the  other  essen- 
tionaly  necessary  Officers  of  Government  of  North  Carolina,  whose  case 
is  now  before  my  Lords  of  the  Treasury  for  relief. 


COLONIAL  RECORDS.  1097 


From  tlicse  considerations  which  occur  on  the  face  of  the  Governor's 
Answer  to  Mr.  Macculioh's  complaint,  I  hope  that  their  Lordships  will 
acquiesce  in  this  my  motion  in  behalf  of  ray  constituents  (viz.)  That  no 
final  Order  pass  for  Salary  or  arrears  of  Salary  under  Mr.  Macculioh's 
Coiumission,  till  the  whole  of  the  matter  in  dispute  between  him  and 
Governor  Johnston  so  far  as  the  same  has  relation  to  the  revenue  of  the 
Quit  rents,  is  discussed,  either  by  their  Lordships,  or  by  the  Lords  for 
Trade  and  Plantations,  who  have  the  case  now  in  issue  before  them ;  and 
in  the  mean  time  I  submit  it  to  your  consideration,  whether  it  may  uot 
be  necessary,  that  a  state  of  the  Quit  rents  of  both  Provinces  be  laid 
before  their  Lordships  by  the  Auditor  General  with  the  several  appoint- 
ments payable  thereon,  that  their  Lordships  may  form  from  thence  a 
Judgment  as  to  the  Application  of  the  surplus  Rents  prayed  for  by  the 
several  representations  now  before  their  Lordships  Board. 

From  the  Defects  of  the  rent  roll  taken  notice  of  in  Governor  John- 
ston's Answer  it  will  be  no  easy  matter  to  ascertain  the  quantum  of  the 
rents  of  North  Carolina,  but  the  quantum  that  has  been  received  and 
collected  will  appear  fi-om  the  receiver's  Accounts  from  time  to  time 
transmitted  by  the  Deputy  Auditors  to  the  Auditor  General  or  to  the 
Treasury. 

From  the  state  of  the  quit  rents  of  South  Carolina  now  laid  before 
you,  as  taken  in  the  year  1744,  when  I  left  that  Province,  tho'  uot  alto- 
gether exact  as  there  may  be  some  difference  in  the  returns  made  by  the 
Inhabitants  Land  holders,  to  the  Collectors  of  the  Public  Land  Tax,  and 
in  the  entries  of  their  Lands  on  the  King's  rent  roll,  the  comparing  of 
which  together  I  take  to  be  necessary  in  order  to  adjust  the  King's  Rent 
Roll,  however  admitting  some  defects  in  this  calculation  there  must  now 
necessarily  be  a  very  large  surplus  of  rents  in  South  Carolina  (if  duly 
collected)  beyond  the  present  Establishments  on  that  Fund,  however 
this  cannot  properly  appear  untill  the  Receiver's  accounts  of  rents  act- 
ually collected  are  compared  with  the  rent  rolls  which  Mr.  Walpole  as 
Auditor  General  if  called  upon  by  my  Lords  Commissioners  of  the 
Treasury  may  settle  and  adjust  from  the  accounts  transmitted  to  him  by 
his  Deputys  in  these  Provinces.  Praying  your  attention  to  this  Case,  I 
am.  Sir,  Your,  &c.,  J.  A.  [JAMES  ABERCROMBY]    ' 

To  James  West  Esq''"  first  Secretary  to  the  Lords  Com'  of  the  Treasury^ 


Dear  Sir,  [to  Mr.  McCflloh] 

I  have  herewith  transmitted  all  the  proofs  that  could  be  got  to  support 
your  Complaint  against  His  Excellency  our  Governor.     Upon  shewing 


1098  COLONIAL  KECORDS. 


your  power  of  Attorney  to  Mr.  Barker  and  Orniond  could  not  pre- 
vail on  either  of  them  to  act  by  it;  their  reasons  were  that  though 
they  acted  before  on  the  Complaint  of  the  Northern  People  yet  they 
received  such  ill  treatment  from  His  Excellency  that  if  they  now  ap- 
peared again  for  you,  and  more  particularly  on  your  own  Complaint  they 
expected  no  less  than  to  be  silenced.  The  Governor  and  his  friends  have 
given  out  in  speeches  that  everything  he  and  the  Assembly  have  trans- 
acted since  1746.  is  approved  of  by  the  Board  of  Trade  and  withall  add 
that  yours  is  only  a  trifling  complaint  in  order  to  shew,  you  have  done 
something  in  your  Office  in  hopes  thei'eby  to  obtain  your  Sallary,  tlie 
which  last  his  Excellency  said  to  me  when  I  waited  on  him  to  shew  the 
Memorial  &  Order  of  Council.  At  which  time  I  desired  from  him  an 
Order  to  the  Secretary,  to  make  out  such  Copys  of  the  records,  as  we 
required  ;  he  said  there  needed  no  such  Order,  for  that  the  Secretary 
would  make  out  what  Copys  we  required,  paying  his  Fees,  to  which  I 
replyed,  I  doubted  it;  for  that  by  the  former  Order  of  Council  we 
applied  to  him  for  attested  Copys  of  the  Currency  &  Agent  Acts,  which 
he  refused  ;  His  Excellency  replied  he  had  given  the  Secretary  that  Order 
by  reason  that  he  had  not  transmitted  to  the  Board  of  Trade,  the  Copys 
of  these  particular  Acts ;  and  that  we  should  not  be  before  hand  with 
him.  I  also  applied  to  him  for  an  Order  to  anj'  Magistrate  to  take 
Depositions,  which  he  positively  refused,  saying  he  would  appoint  none 
but  the  Chief  Justice,  who  lived  at  Cape  Fear,  nor  would  any  Magis- 
trate act  without  an  Order  from  his  Excellency,  which  is  the  true  Cause 
that  we  are  so  short  of  our  proofs  relating  to  the  management  of  illegal 
administrations,  however  you  had  one  of  Dr.  Bluchhalls  sent  in  our 
Proofs,  and  one  now  of  Thomas  Ryan,  of  the  many  that  iiave  been 
transacted. 

You  mention  in  yours  dated  the  3"*  November  last  that  we  omitted  to 
send  the  proper  evidence  in  relation  to  the  rent  roll  and  Currency  Acts, 
tho'  the  cause  of  which  omission,  we  then  fully  acquainted  you  with,  and 
how  we  were  refused  the  Copys  of  them,  which  makes  us  think  that  you 
overlooked  Mr.  Barker  and  Orniond's  Deposition  which  we  thought  was 
as  full  proof  as  could  be  made  on  the  Secretary's  refusal  and  that  he  was 
so  ordered  by  the  Governor. 

Sir,  on  the  eleventh  of  June  last  I  exchanged  proofs  with  his  Excel- 
lency and  have  had  no  opportunity  of  transmitting  them  sooner.  I  have 
languished  for  several  months  under  a  complication  of  Disorders  before 
and  since  I  received  your  Complaint  against  our  Governor.  Nor  could 
I  prevail  on  any  person  to  serve  him  as  you  directed,  nor  to  exchange 
the  proofs,  so  that  I  was  obliged  to  wait  on  his  Excellency  tho'  scarce 


COLONIAL  RECORDS.  1099 


able  to  stir  abroad.  The  rough  usage  our  Agents  received  on  their  ])er- 
forming  their  duty  on  the  last  Complaint  intimidated  every  friend  from 
acting  in  this  Affair ;  only  Thomas  Parker  was  prevailed  on  to  draw 
your  Interrogatories,  at  Newborn  &  Edgcorab,  so  that  if  any  of  your 
proofs  are  wanting  or  short  of  your  expectation,  it  is  to  be  attributed  to 
the  dread  of  power,  &  terrible  appreiiensions  under  which  we  all  groan 
and  languish,  for  in  short  it  is  all  friends  opinion,  that  if  our  already 
transmitted  Complaints,  and  such  full  proofs  as  are  already  sent  you  to 
corroborate  and  support  them,  are  rejected  at  home,  it  is  vain  to  hope,  or 
attempt  any  further  redress  of  our  Grievances.  For  if  such  violences  are 
tolerated  and  sueii  unheard  of  Tyrannies  be  countenanced  the  Northern 
people  in  general  may,  and  do  really  with  dread  expect,  there  are  innu- 
merable more  to  be  inflicted  on  them  (for  this  only  indubitable  cause) 
their  applying  where  they  properly  expected  redress.  Nor  have  they 
forgot  when  they  complained  of  the  first  arbitrary  acts  committed  under 
and  by  this  Governor,  in  a  mild  manner  to  the  then  Chief  Justice,  that 
if  such  arbitrary  acts  were  carried  on  they  would  cause  the  people  to  rise 
in  defence  of  their  liberties.  He  replyed,  that  was  what  they  (meaning 
the  Government)  wanted;  for  then  the  Government  would  have  all  their 
Estates.  I  need  not  animadvert,  you  know  our  unhappy  circumstances, 
and  can  form  as  clear  a  judgement  thereof  as  any  person  living.  Nor 
do  we  doubt  your  utmost  endeavours  to  procure  our  redress.  But  our 
Fear  encreases  from  our  Governor's  late  proceedings;  for  when  he  pro- 
rogued his  petit  Assembly  to  September  next  we  were  bigg  with  hopes 
that  we  should  have  had  redress  before  it  met,  but  not  long  since  the 
Governor  issued  his  Proclamation  for  them  to  meet  at  Newbern  the 
tiiird  instant,  and  has  declared  to  his  Favourites  that  he  has  had  an 
'  Account  as  well  as  directions  from  Home,  that  they  had  nothing  to  do 
but  to  make  sucli  alterations  in  their  new  Quit  rent  Law,  as  it  is  sup- 
posed Earl  Granville  desires;  and  when  he  has  transmitted  the  said  Law 
so  rectified  and  altered,  Home,  both  it,  and  all  they  have  done  since  the 
year  1746  are  to  receive  the  royal  Approbation. 

Upon  perusal  of  the  Depositions  you  will  find  in  the  Governor's 
proofs  the  artful  interrogatories  exhibited  to  Mathew  Rowan  Esq"  and 
his  as  artful  Answer,  In  ours,  Houstons  on  the  same  subject,  as  clear  and 
fair  an  answer,  as  their's  dark,  subtle  &  intricate. 

Also  John  Rice's  artful  Deposition,  viz'  That  all  petitions  from  1741 
was  by  him  drawn  in  the  forms  thereto  annexed,  but  neitiier  does  he 
swear  (nor  was)  there  any  right  proved  or  required,  from  1743  to  this 
time,  but  inserted  by  him  in  the  Petitions  for  Form,  and  to  tally  with 
the  order  of  Council. 


1100  COLONIAL  RECORDS. 


We  also  herewith  send  you  three  original  Grants  procured  from  the 
Owners,  part  of  the  many  issued  in  this  part  of  the  Province,  and  pray 
you  will  remit  them  after  the  use  intended ;  it  is  [to]  support  John  Wynns, 
Benjamin  Wynns  and  Nath.  Coopers  Depositions.  And  we  are  in  hopes 
they  will  (if  any  proofs  will)  clear  up  to  the  Council  Board  and  Earl 
Granville,  the  corrupt  practices  of  the  Governor  in  managing  the  land 
office.  Besides  all  persons  that  have  obtained  Grants  from  Earl  Gran- 
ville's Agents  are  under  the  greatest  concern,  tliat  they  are  neither  secure 
nor  safe  under  them,  dreading  that  a  blank  Grant  may  come  (which  may 
antedate  their  Grants)  many  years  hence,  which  now  lies  dormant.  The 
fear  of  which  prevents  numbers  from  endeavouring  to  take  out  warrants, 
or  settle  in  this  part  of  the  Province. 

By  Marmaduke  Kimboro's  Deposition  you  will  see  the  the  fraud 
done  to  him  &  Earl  Granville  by  the  Governor's  and  the  Earl's  Agents. 

Mr.  John  Campbell,  Mr.  Alexander  M°Culloh  and  Cooper's  Deposi- 
tions clear  up  Mr.  Griffith's  evasive  Deposition,  which  the  original  Pat- 
ents corroborates.  We  neither  have  nor  can  procure  a  Copy  of  this  As- 
semblies proceedings  as  yet,  though  we  are  informed  that  they  have  com- 
pleted everything  according  to  the  Governor's  desire,  which  will  no  doubt 
be  transmitted  to  their  Agent  with  speed.  So  that  we  have  no  hope  left 
but  the  success  of  your  management  under  God,  to  prevent  Our  &  Pos- 
terities being  subjected  to  the  arbitrary  will  of  this  and  all  succeeding 
Governors.  I  sincerely  condole  you  on  tiie  loss  of  your  promising  son 
James;  it  has  been  likewise  my  misfortune  to  lose  my  son  Ben.  We 
must  submit  to  the  will  of  God.  My  best  wishes  attend  Mrs.  M'Culloh 
Henry  and  Miss  Penelope  and  are  sincerely  offered  for  your  health  and 
liappiness  And  am  Sir,  &c.,  BENJ™  HILL. 

Bertie  County.  N"  Carolina  July  23"'  1750. 

P.  S.  On  perusing  the  dates  of  the  Gi'ants  and  of  the  Surveyors 
returns  of  the  Plotts  to  them  annexed  you  will  discovei-  how  long  prior 
the  dates  of  the  Grants  are  to  the  Warrants  and  the  returns  of  the  Sur- 
veys were  made. 

(Endorsed) 
North  Carolina 
Letter  from  Mr.  Benjamin  Hill  to  Mr.  M"Culloh  dated  Bertie  County 
July  2.3.  1750.  informing  him  he  could  not  obtain  the  Governor's  Sum- 
mons for  evidence  in  his  behalf. 


29*  October  1750. 
Sir,  [Secretary  of  Board  of  Trade] 

I  received  your  letter  of  Thursday  evening  last,     how  and   in  what 
manner  the  Governor  hath  transmitted   his  Answer  to  the  Petition  of 


COLONIAL  RECORDS.  1101 


Coniplaiut  exliihited  by  me  against  him,  I  am  entirely  at  a  loss  to  know, 
as  by  my  latest  letters  dated  the  8"'  of  June  last  he  had  not  served  any 
Person  in  my  behalf"  with  a  Copy  of  tlie  Answer  or  the  Copys  of  any 
of  the  evidences  which  have  been  taken  relative  thereto,  nor  hath  his 
Agent  here  given  me  any  notice  on  that  head.  Moreover  by  said  Ad- 
vices he  had  hitherto  prevented  the  Seal  of  the  Colony  from  being  fixed 
to  the  evidences  that  were  taken  in  support  of  my  charge. 

On  receipt  of  said  letters  I  have  wrote  my  friends  in  Carolina,  that  in 
case  the  Governor  still  persists  in  denying  the  Seal  of  the  Colony  to  be 
affixed  to  the  Evidences  taken  on  my  behalf  that  in  such  case  they 
make  proof  of  said  refusal  before  a  Notary  Publick,  and  transmit  all 
the  Evidences,  attested  by  said  Notary. 

If  the  Governor  hath  transmitted  his  answer  without  annexing  Copies 
of  the  Affidavits  he  hath  been  served  with,  he  acts  entirely  (jut  of  all 
form,  and  it  can  be  done  only' with  a  view  to  defeat  the  intention  of  their 
Lordships  Order,  and  raise  a  Clamour  against  me,  however  this  will 
not  serve  his  end  as  truth  will  prevail. 

The  melancholy  situation  of  my  Affiiirs  &  the  ill  state  of  health  I  am 
subject  to,  lays  me  under  a  necessity  of  staying  much  in  the  Country, 
but  as  soon  as  any  Papers  arrives  relating  to  the  above  matters,  I  will 
immediately  do  myself  the  honour  to  wait  on  their  Lordships. 

I  am.  Sir,  &c.,  HENRY  M^CULLOH. 


The   iiumble   Memorial   of  Henry  M°Culloh  [to  the  Board   of  Trade] 

sheweth 

Tliat  your  Lordships  were  pleased  by  your  order  dated  4""  July  1749, 
to  direct  Gabriel  Johnston,  Esq"  Governonr  of  North  Carolina,  to  give 
to  your  Memorialist  or  any  other  person  on  his  behalf,  full  liberty  to 
examine  Evidences  before  any  Judge  or  other  Magistrate  concerning  the 
subject  matter  of  your  Memorialist's  complaint  and  that  the  said  Judge 
or  Magistrate  should  be  empowered  to  summon  all  such  persons  as  the 
complainant  or  any  other  Person  on  his  behalf  would  name  and  further 
that  tiie  Secretary  should  be  enjoined  to  give  Copies  from  the  Records 
of  any  Papei's  or  Entries  which  may  be  required  by  the  Complainant,  or 
any  person  concerned  for  him.  And  that  in  case  the  Records  are  defective 
that  the  Secretary  should  also  be  enjoined  to  give  Evidence  on  Oath  con- 
cerning those  defects. 

That  although  the  said  Governonr  was  duly  served  with  a  Copy  of 
your  Lordships  said  Order,  yet  he  prevented  your  Memorialist,  and 
others  in  his  behalf  from  acting  pursuant  to  the  said  order  in  the  manner 
thereby  directed.    And  when  your  Memorialist  sent  a  letter  of  Attorney 


1102  COLONIAL  RECORDS. 


to  two  Lawyers  to  act  for  him,  the  answer  was,  tliat  they  or  any  other 
Lawyer  in  that  Province  durst  not  attempt  to  act  in  any  matter  against 
the  said  Governour  for  as  they  had  the  liberty  of  pleading  by  License 
from  him  only,  he  in  that  case  would  withdraw  the  said  License  and  so 
prevent  them  from  pleading  in  the  Courts  of  Law  and  when  Colonel 
Benjamin  Hill  attempted  to  give  proof  of  those  arbitrary  proceedings  the 
Justices  wiio  have  been  lately  modelled  by  the  said  Governour  refused  to 
pei'mit  any  evidences  to  be  examined  in  relation  to  the  said  complaint 
without  a  special  order  from  tiie  said  Governour  for  that  purpose,  and 
the  said  Governour  absolutely  refused  to  grant  the  liberty  of  examining 
Evidences  before  any  Judge  or  other  Magistrate  touching  the  matter  com- 
plained of  except  before  Mr.  Hasell  who  is  his  Creature  and  by  him 
appointed  to  act  as  Chief  Justice  (in  the  absence  of  Enoch  Hall  Esq") 
altliough  the  said  Hasell  never  was  bred  to  the  Law  nor  hath  the  least 
knowledge  therein,  and  except  the  examination  of  Thomas  Ryan  taken 
before  Joseph  Anderson  Esq"  Judge  of  the  Admiralty  and  by  obliging 
the  witnesses  to  travel  from  the  places  of  their  residence  to  Newbern 
(distant  one  hundred  miles  and  upwards)  the  said  Governour  hath  in 
that  particular  and  every  other  matter  used  his  utmost  endeavours  to 
prevent  and  silence  all  enquiry  into  his  conduct  and  nevertheless  when 
this  matter  is  complained  of  the  Governour  will  endeavour  to  draw 
advantages  from  his  own  arbitrary  proceedings  although  he  refused  to 
let  your  Memorialist  enjoy  the  common  priviledge  or  Right  of  proceed- 
ing according  to  the  rules  of  Office  yet  he  in  his  own  case  would  claim 
all  advantages  therefrom,  however  truth  and  justice  are  distinguishable 
from  falsehood  and  acts  of  injustice  or  violence,  for  Trut+i  is  always  uni- 
form and  falsehood  is  known  by  its  characters. 

If  the  said  Governour  had  permitted  your  Lordships  Order  in  rela- 
tion to  the  above  matters  to  operate  'in  the  manner  thereby  directed  lie 
would  have  observed  your  Lordships  directions  relative  to  the  Records 
in  the  examination  of  the  Secretery.  But  in  considering  this  matter  it 
will  appear  that  he  acted  in  direct  opposition  to  the  said  order,  and  it 
will  also  appear  that  the  Evidence  given  by  the  Secretary  is  as  evasive 
and  that  no  stress  is  to  be  laid  or  any  dependance  had  on  the  records. 

Eight  Interrogatories  were  exhibited  to  Mr.  Nathaniel  Rice  and  John 
Rice  who  acts  as  Secretary  for  Nathaniel  Rice  selilom  or  never  inter- 
meddles in  the  Business  of  the  Office  wherefore  Nathaniel  Rice  is  made 
to  give  a  General  answer  to  seven  of  the  said  Interrogatories  but  he  re- 
fused to  give  any  answer  to  the  Eighth  Interrogatory  which  was  so 
closely  worded  as  to  put  him  under  a  necessity  of  contradicting  himself 
in  the  former  part  of  his  Evidence  touching  the  Records,  and  the  said 


COLONIAL  RECORDS.  1103 


Governours  exerting  his  authority  in  preventing  Entries  from  being 
regularly  made  therein  or  else  to  be  entirely  silent  on  that  point  the  said 
John  Rice  was  then  present  and  yet  he  did  not  answer  to  any  more  than 
one  of  the  said  Interrogatories,  as  he  must  either  have  confest  the  Truth 
or  made  himself  liable  to  an  Indictment  for  Perjury. 

That  the  Records  are  defective  and  not  to  be  relied  upon,  will  appear 
from  the  great  number  of  blank  Warrants  and  Grants  which  have  been 
issued  by  the  said  Governour,  as  it  is  impossible  for  him  to  act  that  part 
without  the  Priority  and  consent  of  the  Secretary,  and  it  is  very  ob- 
servable that  although  the  said  Nathaniel  Rice  in  his  answer  to  the  4"" 
Interrogatory  deposeth  that  your  Memorialist  made  objections  to  the 
Records  touching  the  dispute  with  Captain  Rowan,  and  that  although 
the  said  Nathaniel  Rice  admits  there  were  some  defects  therein  which  he 
did  not  then  remember,  yet  he  hath  transmitted  the  said  Records  certified 
under  the  seal  of  the  Colony  without  making  any  amendment  thereto. 
It  will  also  appear  that  what  he  deposed  on  that  point  is  foreign  to  the 
Truth  provided  your  Lordships  will  be  pleased  to  permit  your  Memo- 
rialist to  read  the  Copy  of  the  objections  then  made  and  afterwards 
signed  by  the  said  Nathaniel  Rice  whose  hand  writing  can  be  proved. 
In  the  Entry  of  a  Record  a  few  words  may  be  omitted  by  mistake  but 
it  is  not  to  be  conceived  that  all  the  Material  Points  in  the  Debate  should 
be  omitted  without  some  design  and  it  is  conceived  to  be  impossible  to 
prosecute  any  petition  of  Complaint  so  as  to  have  its  full  effect  while 
the  said  Governour  acts  in  that  arbitrary  manner  first  in  keeping  up 
the  Records  without  transmitting  them  to  your  Lordships  for  Eight  or 
Ten  years  together  and  then  after  modelling  them  to  his  own  liking  to 
stiffle  or  obstruct  the  necessary  Proofs  on  that  Point. 

Having  shewn  in  what  manner  your  Lordships  just  and  laudable 
Intentions  under  the  said  Commission  of  Enquiry,  have  been  frustrated 
or  defeated.  I  shall  with  your  leave  proceed  to  consider  the  Evidences 
transmitted  under  the  seal  of  the  Colony  viz' 

Marraaduke  Kimbrough  proves  that  the  said  Governor  hatii  often 
encroached  upon  the  Rights  of  the  Planters  particularly  in  the  Ex- 
change he  made  of  sixty  thousand  acres  of  Land  within  Earl  Granvilles- 
Division  with  the  Crown. 

.lohn  Wynns  late  Deputy  Surveyor  proves  that  he  by  orders  from  the 
Surveyor  General  often  surveyed  Lands  previous  to  any  Warrant  that  he 
received  several  Warrants  for  I^ands  dated  in  April  1745  and  atYerwards 
Patents  for  the  same  of  a  prior  date,  and  that  he  often  had  Warrants  and 
Grants  in  his  Custody  without  any  Rights  having  been  proved  thereon 
so  as  to  intitle  the  Parties  to  the  said  Warrants  and  Grants. 


1104  COLONIAL   RECORDS. 


Nathaniel  Cooper  deposeth  that  he  hath  seeti  a  great  many  blank  Pat- 
ents in  the  office  of  Forster  (who  acted  as  Deputy  Secretary)  with  the 
seal  of  the  Colony  affixed  thereto,  that  he  hath  filled  up  severall  of  the 
said  Patents  and  believes  the  same  were  signed  by  the  said  Governour 
particularly  that  he  filled  up  the  Patent  to  Benjamin  Hollinian  which 
was  blank  when  sealed  and  signed  by  the  said  Governour. 

.John  Campbell  deposeth  that  on  the  28"'  day  of  September  1 745  he 
saw  several  blank  Patents  and  Warrants  in  Mr.  Griffiths  room  which 
were  signed  by  the  said  Governour. 

Alexander  M°Culloli  Deputy  Auditor  deposeth  that  the  said  Governour 
contrary  to  his  Majesties  Instructions  granted  many  Warrants  and  Pat- 
ents out  of  Council,  that  several  of  those  Warrants  were  not  audited  and 
that  in  such  case  it  was  in  the  said  Governour  and  Surveyor  Generals 
power  to  Grant  Blank  Warrants,  or  act  in  any  other  loose  manner  as 
they  thought  proper,  and  he  further  deposeth  that  he  hath  seen  several 
blank  Patents  in  Mr.  Griffiths  room  signed  by  the  said  Governour. 

The  Depositions  of  Benjamin  Wynns  and  Thomas  Ryan  further  cor- 
roborate the  Truth  of  all  the  Matters  aforesaid. 

The  several  Evidences  above  referred  to  will  (as  humbly  conceived) 
fully  demonstrate  the  Truth  of  every  thing  charged  by  your  Memorialist 
in  the  six  or  seven  first  paragraphs  of  his  Petition  of  complaint  and 
plainly  shew  that  the  Governour  by  acting  so  contrary  to  his  Majesties 
Instructions  must  from  the  very  nature  of  the  thing  introduce  the  utmost 
confusion  in  the  Colony  for  when  blank  Patents  or  Grants  and  Warrants 
are  issued  it  is  in  the  Power  of  such  persons  as  bold  them  by  antedating 
the  same  to  claim  the  property  of  others  and  to  occasion  such  mixed 
Claims  and  confusion  in  property  as  to  put  it  out  of  the  power  of  any 
Court  of  Law  to  Judge  of  and  determine  the  Right  and  property  of  the 
subject  and  then  of  course  every  thing  must  be  arbitrarily  decided  by  act 
of  violence  and  this  is  the  cause  why  the  disputes  now  subsisting  in  the 
East  and  West  Jerseys  are  come  to  so  great  a  heighth  and  as  the  same 
cause  will  always  produce  the  same  effect  so  it  is  much  to  be  feared  that 
the  said  Governours  late  measures  may  have  a  fatal  Tendency  particularly 
since  the  time  of  the  Right  Hon""  Earl  Granville's  division  with  the 
Crown  from  which  Period  the  said  Governor  hath  acted  a  double  part 
first  in  issueing  Warrants  and  Grants  within  his  Lordships  Division  and 
afterwards  extending  his  Lordships  Lines  one  hundred  and  thirty  miles 
and  upwards,  since  the  time  his  Lordships  Grant  issued  from  the  Crown, 
but  how  far  this  should  or  should  not  have  been  done  is  a  matter  of  dif- 
ferent Enquiry  although  (as  humbly  conceived)  it  is  evident  that  the  said 
Governour  ought  not  to  proceed  in  that  extraordinary  manner  at  least 
without  consulting  your  Lordships  on  that  head. 


COLONIAL  RECORDS.  1105 


Before  liis  Majesty  appointed  your  Memorialist  Commissioner  for 
supervising,  inspecting  and  comptrolling  his  Majesty's  revenues  and 
grants  of  Lands  the  said  Governour  did  loudly  complain  against  Sir 
Ricliai-d  Everard  on  account  of  his  having  issued  blank  Patents  and 
Warrants  for  Land  and  so  caused  the  whole  concerns  of  the  said  Colony 
to  be  thrown  jnto  the  utmost  confusion  which  partly  gave  rise  to  your 
Memorialists  Commission  as  it  was  then  thought  by  the  Right  Hon'"'''  the 
Lords  of  tiie  Privy  Council  and  also  by  the  Right  Hon*"'"  the  Lords 
Commissioners  for  Trade  and  Plantation  to  be  not  only  prudent  but 
necessary  to  appoint  an  Officer  for  regulating  the  records  and  yet  since 
your  Memorialist's  return  to  England  the  said  Governour  and  those 
who  act  for  him  have  represented  the  said  Commission  as  illegal  and 
unwarrantable.  This  is  indeed  an  attack  on  the  Wisdom  of  the  Lords 
of  the  Privy  Council  and  your  Lordships  Board  in  advising  his  Majesty 
to  appoint  the  said  Commission  and  is  chiefly  levelled  at  your  Memorial- 
ist in  order  to  prevent  or  obstruct  him  from  receiving  the  Benefit  of  his 
Salary.  If  the  said  Commission  be  considered  singly  and  without  any 
reference  to  the  motives  of  granting  it  and  the  good  intentions  of  the 
Crown  under  his  Majesty's  Instructions  in  quieting  the  Planters  in  their 
Possessions  it  is  admitted  that  several  things  exceptionable  will  appear 
in  the  said  Commission,  but  when  the  motives  and  end  of  the  Crown  are 
duly  considered  it  will  fully  clear  up  the  said  objections  and  shew  the 
Wisdom  of  those  who  advised  his  Majesty  to  appoint  the  said  Commis- 
sion. It  may  be  dangerous  or  improper  for  your  Memorialist  to  predict 
or  even  to  point  at  the  consequences  of  such  a  charge  in  now  making 
(what  seemed  wise  and  pi-oper  Ten  or  Eleven  years  ago)  a  matter  of 
doubt  and  controversy  wherefore  I  shall  be  silent  on  that  head. 

The  Proofs  to  support  your  Memorialist's  charge  against  the  said  Gov- 
ernour in  not  delivering  up  the  Bond  of  Four  Thousand  Pounds  ster- 
ling entered  into  by  the  Receiver  General  Nathaniel  Rice  and  Roger 
Moore  Esq"  (three  Members  of  the  Council)  for  the  faithfull  discharge 
of  the  Receiver's  Duty  and  in  preventing  your  Memorialist  from  acting 
agreeable  to  his  Majesty's  Instructions  on  that  head  are  as  follows,  viz' 

That  the  said  Governour  and  Council  by  their  Proceedings  at  New- 
bern  on  the  28""  day  of  June  1746  (as*  may  more  fully  appear  by  the 
Records  transmitted  to  your  Lordships)  did  not  only  i-efuse  to  deliver 
the  said  Receiver's  Bond  but  censured  the  Attorney  General  for  demand- 
ing the  same. 

That  the  said  Governour  and  Council  (six  in  Number)  whereof  three 
were  parties  to  the  said  Bond  did  deny  or  call  in  Question  vour  Memo- 
Vol.  4—113 


1106  COLONIAL  RECORDS. 


rialist's  Power  to  examine  into  the  said  Commission  although  they  well 
knew  that  the  same  was  regularly  entered  in  the  Secretary's  Office. 

That  the  said  Council  gave  it  as  their  opinion  that  the  Attorney  Gen- 
eral could  not  regularly  apply  to  the  said  Governour  for  the  said  Bond  or 
a  Copy  thereof  unless  the  same  had  been  refused  at  the  Secretarie's  Office. 
Yet  the  truth  is  and  as  the  said  Secretary  now  affirms  on  Oath  in  answer 
to  the  first  Interrogatory  that  he  hatl  not  either  the  said  Original  to  the 
said  Governour  and  now  the  said  Receiver  General  being  dead  the  said 
Original  cannot  be  found  or  any  Copy  thereof  with  the  said  Governour 
or  Secretary. 

The  Memorial  delivered  by  your  Memorialist  to  the  said  Governour 
in  relation  to  the  said  Proceedings  and  in  answer  to  Mr.  Allen's  Memo- 
rial to  the  said  Governour  which  now  certified  under  the  seal  of  the  Col- 
ony doth  fully  represent  the  several  defects  which  then  appeared  in  the 
said  Receiver  Generals  accompts.  And  the  said  John  Campbell's  Depo- 
sition in  answer  to  the  fourth  Interrogatory  shews  that  altiiough  he 
bougiit  large  quantities  of  Tobacco  from  Mr.  Allen's  Deputies  at  nine 
shillings  ^  hundred  yet  tlie  Receiver  General  gave  credit  to  tiie  Crown 
for  tiie  same  at  the  rate  of  five  shillings  and  uine  pence  only. 

The  said  Governour's  whole  proceedings  in  this  matter  have  been  of 
a  very  extraordinary  nature  he  claims  an  arrear  of  no  less  than  Ten  or 
Twelve  tliousand  pounds  sterling  as  due  to  him  and  yet  he  liath  pre- 
vented the  Receiver  from  being  called  to  an  account  although  the  said 
Receiver  never  had  (in  the  course  of  Twelve  or  Thirteen  years)  given  in 
a  full  and  true  account  of  the  receipts  and  issues  of  his  Majesties  Quit 
Rents,  nor  during  that  time  ever  had  one  account  regularly  audited  and 
passed  notwithstanding  a  great  arrear  was  due  to  the  Officers  and  that 
his  Majesties  Rent  Roll  amounted  to  Two  Hundred  and  Twenty  pounds 
sterling  "^  annum  and  upwards  more  than  the  established  Salarys  of  the 
Officers  such  conduct  must  have  proceeded  from  some  motives  of  T^nterest 
and  particular  connections  with  the  Receiver  and  also  from  the  said  Gov- 
eruour's  imagining  that  he  might  afterwards  obtain  the  arrears  of  the 
Salary  pretended  to  be  due  to  him  either  out  of  the  Quit  Rents  of  Vir- 
ginia or  of  South  Carolina. 

Your  Memorialist's  Petition  of  Complaint  humbly  represents  that  in 
several  Instances  it  was  thought  agreable  to  the  wisdom  of  the  Crown  to 
permit  private  undertakers  to  settle  large  districts  of  Land  in  America 
under  certain  conditions  and  restrictions  and  that  although  it  may  tend 
much  to  the  benefit  or  advantage  of  the  Colonies,  the  Crown  in  all  events 
could  not  be  a  looser  thereby  in  regard  that  the  parts  of  the  said  lands 
not  settled  were  to  revert  to  the  Crown  and  that  in  fact  it  was  doing  no 


COLUNIAJ.  UK(;OUI)«.  1107 


more  than  restraining  the  said  Governoiir  from  issuing  Grants  within 
such  districts  until  the  fate  of  the  settlement  should  be  determined  But 
then  it  is  to  be  presumed  that  the  said  Governour  should  not  be  permit- 
ted to  act  contrary  to  his  Majestie's  Instructions  on  that  head  or  to  give 
unwarrantable  delays  and  demand  exhorbitant  Fees  on  the  issiiiifg  of 
the  said  Grants  or  otherwise  to  refuse  or  delay  the  issuing  of  those 
Grants  which  must  in  a  great  measure  not  only  defeat  the  Intention  of 
those  Settlements  but  also  make  the  parties  concerned  therein  liable  to 
many  losses  and  iiardships  in  carrying  on  the  said  settlements. 

This  really  is  tiie  case  now  under  your  Lordships  consideration  the 
said  Governour  and  other  Officers  were  by  the  Laws  referred  to  by  the 
Secretary  in  answer  to  the  second  Interrogatory  intituled  only  to  Two 
Thousand  one  hundred  and  sixty  two  pounds  eight  shillings  proclamation 
money  for  surveying  passing  and  issuing  Grants  for  Twelve  hundred 
thousand  acres  of  land,  but  as  it  appears  by  the  list  of  Fees  certified  by 
the  Secretary  and  transmitted  to  your  Lordships  under  the  seal  of  the 
Colony  the  said  Governour  and  other  Officers  demanded  no  less  a  sum 
than  seven  thousand  one  hundred  and  twenty  two  pounds  two  shillings 
proclamation  money  and  delayed  to  issue  the  said  Grants  until  some  litig- 
ious troublesome  and  expensive  suits  were  carried  on  against  your 
Memorialist  as  an  associate  or  person  concerned  in  the  said  undertaking 
and  when  the  said  Governour  and  other  officers  were  disappointed  in 
their  said  views  of  compelling  your  Memorialist  to  pay  the  exhorbitant 
Fees  demanded  by  them  then  the  said  Governour  agreed  to  issue  the 
Grants  upon  your  Memorialists  delivering  into  the  Chief  Justices  hands 
the  said  Governour's  Bonds  payable  to  3-our  Memorialist  for  Two  thou- 
sand four  hundred  pounds  and  upwards  advanced  to  the  said  Governour 
when  he  was  under  the  greatest  necessities  or  difficulties  which  said  Bonds 
he  was  to  receive  in  full  payment  of  his  own  Fees  and  also  of  the  Secre- 
taries and  surveyors  leaving  your  Memorialist  still  liable  to  pay  the 
Attorney  General  and  Auditors  Fees  and  although  it  was  on  the  Third 
day  of  March  174|-  that  the  said  Grants  issued  yet  on  the  seventeenth 
day  of  that  month  commissioners  were  by  him  appointed  for  extending 
Earl  Granville's  line  which  includes  or  takes  in  most  of  the  land  belong- 
ing to  your  Memorialist  so  that  he  doth  not  know  whether  the  said  land 
ought  to  be  deemed  in  his  Majestie's  or  Earl  Granville's  division  and  if 
within  Earl  Granville's  division  the  said  Governours  so  taking  the  said 
Bonds  is  tantamount  to  his  robbing  or  defrauding  your  Memorialist  of 
the  said  two  thousand  four  hundred  pounds  due  by  the  said  Bonds. 

And  although  the  said  Governour  hath  affirmed  that  your  Memorialist 
\vas  wholy  and  soly  concerned  in  the  said  Grants  yet  his  own  order  and 


1108  COLONIAL  RECORDS. 


referreiice  to  tlie  Attorney  General  will  evidently  shew  the  falsity  of  that 
affirmation  as  will  the  Grants  now  made  out  and  that  he  all  along  acted 
in  a  partial  manner  on  motives  of  interest  will  fully  appear  by  the  evi- 
dence of  Doctor  William  Houston  who  proves  the  agreement  made  be- 
tween the  said  Governour  and  the  said  surveyor. 

The  said  Governour  hath  also  endeavoured  to  prevent  or  silence  all 
informations  to  your  Lordships  on  this  head  as  the  Deputy  Secretary  did 
not  duly  answer  to  the  Interrogatories  exhibited  to  him  which  if  he  had 
done  would  discover  the  truth  of  all  the  Facts  above  charged,  and  the 
Memorial  presented  by  your  Memorialist  to  the  said  Governour  would 
likewise  have  been  brought  to  light  and  transmitted  to  your  Lordships 
however  as  this  matter  is  of  great  importance  and  (as  humbly  conceived) 
worthy  of  your  Lordships  consideration  it  is  tliei'efore  most  humbly 
hoped  from  your  Lordships  known  goodness  and  justice  that  you  will 
be  pleased  to  receive  such  evidence  as  tiie  nature  of  the  case  will  admit 
of  by  permitting  your  Memorialist  to  produce  the  Memorials  herein 
referred  to  which  are  counter  signed  by  the  said  Governour  and  that 
Enoch  Hall  the  Chief  Justice  be  called  upon  to  declare  whether  he  did 
receive  the  aforesaid  Bonds  amounting  to  Two  Thousand  four  hundred 
pounds  sterling  and  upwards  for  the  Goverour's  use  and  that  he  shall 
further  declare  whether  in  less  than  one  month  after  the  delivery  of  the 
said  Bonds  the  said  Governour  did  appoint  any  and  what  Commissioners 
for  extending  Earl  Granville's  said  line  after  the  date  of  his  said  Grant. 

An  Inquiry  or  Examination  of  the  said  several  matters  will  conse- 
(juently  bring  many  other  things  to  light  and  shew  the  Governour's  mo- 
tives for  passing  the  Quit  Rent  Law  whicli  iiath  very  little  (if  any)  rela- 
tion to  the  Crown. 

The  said  Governour  and  his  friends  have  at  some  times  represented 
your  Memorialist  as  the  sole  Proprietor  of  the  said  Grants  and  at  other 
times  as  only  an  Agent  and  the  Secretary  hath  added  words  in  the  said 
Memorial  delivered  to  the  said  Governour  at  Edenton  in  November 
1745,  Whereby  he  makes  your  Memorialist  say  that  the  Gentlemen  con- 
cerned in  the  said  Grants  intended  to  send  him  over  as  agent  although 
as  your  Memorialist  solemnly  declares  no  such  words  were  in  his  said 
Memorial  when  delivered  to  the  said  Governor  so  that  the  same  are 
untruly  inserted  in  the  Copy  transmitted  to  your  Lordships  but  the  truth 
is  that  your  Memorialist  was  concerned  in  the  said  Grants  and  that  by 
agreement  witli  the  other  Associates  200,000  acres  were  to  be  his  share 
or  proportion  in  the  said  Grants  and  his  being  so  concerned  therein  was 
well  known  to  the  Right  Hon'''°  the  Lords  of  the  Committee  of  Council 
and  to  the  Rio-ht  Hon"'  the  Lords  ('(immissioners  for  Trade  and  Planta- 


COLONIAL  RECORDS.  1109 


tion  as  may  appear  by  several  papers  whicli  (as  he  humbly  conceives)  are 
now  deposited  in  your  Lordships  office,  but  how  this  can  be  brought  as 
a  charge  against  your  Memorialist  he  is  entirely  at  a  loss  to  tell,  unless 
it  can  appear  that  he  hath  done  some  unjustifiable  act  under  the  said 
Grants  or  neglected  his  Duty  which  (as  your  Memorialist  humbly  con- 
ceives) is  impossible  for  the  most  inveterate  of  his  Enemies  to  prove 
especially  for  that  he  never  did  in  any  particular  to  the  best  of  his  knowl- 
edge deviate  from  his  Duty  or  injure  any  person  whatsoever  in  their 
property. 

An  other  argument  hath  been  urged  against  your  Memorialist  of  a 
most  extraordinary  nature  viz :  That  as  he  is  so  largely  concerned  in  the 
said  Grants  the  Quit  Rents  which  will  become  payable  thereon  in  the 
year  1756  and  1757  &c:  will  be  sufficient  to  pay  all  arrears  of  salary 
due  to  him  from  the  Crown  this  would  indeed  be  a  new  method  of 
determining  property  to  allow  the  said  Governour  to  throw  insurmount- 
able difficulties  in  the  way  of  compleating  the  said  Settlement  and  after- 
wards to  withdraw  or  obstruct  the  means  of  carrying  it  on  for  how  in 
that  case  could  your  Memorialist  receive  any  benefit  either  from  the 
Lands  or  from  his  salary. 

The  nature  and  duty  of  your  Memorialist's  Office  hath  evidently  pro- 
cured to  him  so  many  enemies  that  every  thing  which  can  afford  the 
least  pretext  or  colour  of  a  charge  is  greatly  magnified  or  aggravated  by 
malicious  misrepresentations. 

If  there  is  anything  in  your  Memorialists  case  relative  to  the  saicl 
Grants  which  in  your  Lordships  opinion  may  require  an  amendment  or 
alteration  your  Memorialist  will  on  signifying  your  Lordships  pleasure 
on  that  head  readily  acquiesce  therein. 

As  the  fees  of  the  said  Grants  which  accrewed  in  settling  part  thereof 
amount  to  a  great  sum  and  although  part  of  the  Baronies  which  are 
fully  settled  have  been  disposed  of  (as  the  parties  were  intituled  to  do 
by  the  conditions  of  the  Grant)  in  order  to  raise  money  to  carry  on  the 
(jther  part  of  the  settlement  yet  the  Parties  concerned  are  still  in  advance 
Four  Thousand  Pounds  sterling  and  upwards. 

Your  Lordships  are  so  well  apprized  of  the  charges  of  new  settle- 
ments as  to  know  whatever  is  done  therein  (little  or  much)  is  for  the  ser- 
vice of  the  Crown  although  often  ruinous  to  the  undertakers. 

Alexander  M^Culloh  Deputy  Auditor  deposeth  that  he  was  present  at 
the  Trials  between  Captain  Rowan  and  your  Memorialist  And  tJiat 
Enoch  Hall  Esq"  the  Chief  Justice  would  would  not  permit  your  Memo- 
rialist to  have  any  of  the  said  Governour  Johnston's  letters  read  in  Caurt 
notwithstanding  that  they  were  very  material  in  the  cause  then  depend- 


mo  COLONIAL  RECORDS. 


ing,  and  tiiat  altlioiigh  the  said  Eiiocli  Hall  refused  to  do  that  Act  of 
Justice  to  your  Memorialist  yet  he  permitted  Samuel  Johnston  the  said 
Governour's  Itrother  to  give  evidence  of  a  postscript  to  a  letter  said  to 
be  written  by  your  Memorialist  to  the  said  Governour  Johnston  without 
producing  the  said  letter  or  alledging  that  it  was  lost. 

The  Rev*  James  Moir  deposeth  that  Enoch  Hall  the  Chief  Jus- 
tice of  the  said  Trial  insisted  upon  the  said  James  Moir's  being  exam- 
ined as  to  some  discourses  passed  in  private  conversation  between 
the  said  deponent  and  your  Memorialist  although  the  said  deponent 
declared  to  the  Court  that  he  did  not  think  himself  obliged  to  give  evi- 
dence of  any  such  discourse  or  to  betray  private  conversation.  And  the 
said  James  Moir  further  deposeth  that  the  said  Samuel  Johnston  was 
permitted  to  give  evidence  of  a  paragraph  in  a  letter  said  to  be  written 
by  your  Memorialist  by  [to]  Gabriel  Johnston  Esq" 

The  said  several  facts  speak  so  strongly  that  your  Memorialist  need 
not  take  up  any  more  of  your  Lordships  time  by  inlarging  on  that  sub- 
ject, as  he  humbly  conceives  that  there  never  was  any  other  instance  of 
a  Court  of  common  Law  (or  any  other  Court  except  the  Inquisition) 
requiring  any  person  to  betray  the  private  conversation  of  his  friends  or 
that  any  Judge  ever  permitted  a  postcript  in  a  letter  to  be  given  in  evi- 
dence without  producing  that  Letter  in  court  or  alledging  that  the  said 
letter  was  lost  for  if  that  was  to  be  practised  or  permitted  no  man  would 
be  safe  in  writing  a  letter  to  another  as  a  paragraph  in  a  letter  taken 
seperately  from  the  rest  may  have  or  bear  a  very  different  signification  or 
meaning  from  what  it  would  have  or  bear  if  the  whole  letter  had  at  once 
been  read. 

As  this  affair  hath  a  publick  and  general  tendency  therefore  your 
Memorialist  must  humbly  hope  that  it  will  be  so  considered. 

John  Wynn  in  answer  to  the  fourtii  Interrogatory  deposeth  that  the 
said  Governour  hath  often  ac-ted  in  a  very  arbitrary  manner  by  dis- 
placing Justices  of  the  Peace,  and  that  he  by  his  own  authority  (without 
any  previous  proceedings  in  the  Courts  of  Law)  discharged  an  Orphan 
who  was  bound  by  the  Justices  of  the  County  to  Thomas  Jones  Esq" 

And  in  order  to  shew  that  the  Justices  were  by  Law  impowered  to 
bind  out  Orphans  there  are  two  attested  Copies  of  Commissions  signed 
by  the  said  Governour  and  transmitted  to  your  Lordships. 

Captain  John  Campbell  in  answer  to  the  third  Interrogatory  also 
deposeth  that  the  said  Governour  hath  acted  in  a  very  illegal  and  arbi- 
trary manner  by  seizing  and  delaying  ships  which  were  consigned  to  the 
said  Deponent  who  sustained  great  loss  and  detriment  as  well  as  other 
j)ersons  concerned  therein. 


COLONIAL  RECORDS.  1111 


Tlic  Attorneys  and  Lawyers  of  the  Courts  are  under  sucli  dread  of 
having  their  Licenses  recalled  and  consequently  deprived  from  getting 
their  Livelyhood  that  they  are  not  willing  to  give  their  evidence  in  any 
matter  which  hath  prevented  proof  being  made  of  what  was  charged  in 
relation  to  the  Governours  arbitrary  manner  of  proceeding  in  Injunctions. 
Yet  the  following  evidence  will  fully  prove  what  the  said  Governour  is 
capable  of  doing  on  that  head. 

The  Rev''  James  Moir  in  answer  to  the  second  Interrogatory  deposeth 
that  on  the  28""  day  of  Jnly  1 745  Captain  William  Lithgow  was  arrested 
on  board  a  vessell  wherein  he  had  taken  his  passage  for  Boston  and  that 
the  said  Deponent  having  afterwards  asked  Mr.  Rice  the  Secretary  the 
cause  of  that  arrest  the  said  Rice  shewed  a  Precept  by  him  given  on  the 
day  before  in  the  words  following  viz' 

"  Whereas  the  Honourable  Roger  Moore  Esq"  has  made  application  to 
"me  and  intends  to  bring  an  Indictment  against  Mr.  William  Lithgow 
"These  are  therefore  to  command  you  to  apprehend  Cap'  William  Lith- 
"gow  and  bring  him  before  me  that  he  may  enter  into  Recognizance. 
"Signed  Rice  and  directed  to  George  Richardson  Constable. 

That  Robert  Walker  and  the  said  Deponent  made  some  remarks  to  the 
said  Nathaniel  Rice  upon  the  illegality  of  the  said  Precept,  particularly 
that  Oath  had  not  been  made  of  the  breach  of  any  Law  whereupon  the 
said  Nathaniel  Rice  and  Roger  Moor  went  into  another  room,  and  having 
speedily  returned,  brought  another  Precept  with  them  in  the  words  fol- 
lowing, viz' 

"  Whereas  the  Hon"'  Roger  Moor  Esq"  had  made  Oath  that  Captain 
"Lithgow  had  commenced  a  tedious  suit  against  the  said  Moor  for  burn- 
"  ing  LightM'Ood  on  Lands  said  Lithgow  Jiad  bought  of  Mr.  John  Gray. 
"  These  therefore  is  to  command  you  to  apprehend  the  said  Lithgow  and 
"bring  him  before  me  that  he  may  enter  into  a  Recognizance  for  his 
"appearance  at  the  next  Coifrt  of  Assize,  the  said  Moor  intending  to 
"indict  the  said  Lithgow  at  said  Court,  signed  Nath :  Rice  directed  to 
"  George  Richardson  Constable." 

The  Sheriff  having  accordingly  executed  the  said  Precept  the  said 
William  Lithgow  gave  in  Bail  whereupon  the  said  Deponent  having 
asked  the  said  Roger  Moor  whether  Captain  Lithgow  might  appear  by 
his  Attorney  received  for  answer  that  the  crime  was  of  such  a  nature  that 
the  said  William  Lithgow  must  appear  in  Person.  (The  said  Roger 
Moor  hath  at  other  times  represented  that  Cap'  Lithgow  bought  the 
Lands  from  Mr.  Gray  in  order  to  sue  him  for  a  Trespass  in  burning 
Lightwood  and  making  Pitch  and  Tar  on  the  said  Lands  and  therefore 
insisted  that  it  was  Barretry  and  that  the  said  Lithgow  was  Indictable 


1112  COLONIAL  RECORDS. 


for  the  same.  Roger  Moore  continued  to  make  Pitch  and  Tarr  on  the  said 
Lands  after  the  said  William  Lithgow  purchased  the  said  Estate  which 
was  the  cause  of  the  disputes  subsisting.)  which  prevented  him  from 
proceeding  to  Boston  as  he  resolved  for  the  recovery  of  his  health. 
There  was  not  any  suit  then  depending  against  the  said  William  Lith- 
gow nor  was  he  afterwards  indicted  by  the  said  Roger  Moore  to  the  best 
of  that  Deponents  knowledge  or  belief. 

But  Although  that  the  said  William  Lithgow  at  the  then  next  Court 
of  assize  got  the  said  Nathaniel  Rice  Secretary  and  the  said  Roger 
Moore  to  be  indicted  by  the  Grand  Jury  yet  in  a  short  time  after  his 
Excellency  Gabriel  Johnston  Esq"  as  Governour  [caused]  a  Noli  prose- 
qui to  be  entered  on  the  said  Indictment  in  a  very  arbitrary  and  ille- 
gal manner. 

The  said  proceeding  appeared  to  your  Lordships  so  extraordinary 
that  at  the  first  mention  thereof  the  Truth  of  the  fact  seemed  much  to 
be  doubted,  Roger  Moore  was  a  leading  man  in  that  Country  and  being 
countenanced  by  the  said  Governour  in  all  his  illegal  acts  did  in  return 
support  or  second  the  said  Governor  in  all  his  arbitrary  proceedings, 
and  although  the  said  William  Lithgow  was  a  man  of  good  credit  and 
fortune  and  used  his  utmost  endeavours  to  get  a  copy  of  the  proceedings 
against  him  yet  he  never  could  obtain  any  but  was  continually  har- 
rassed  by  acts  of  power  and  violence  until  the  day  of  his  death. 

What  hath  been  above  said  in  i-elation  to  the  conduct  of  the  Chief 
Justice  on  your  Memorialists  Trial  and  the  proceedings  which  hath  been 
had  by  the  said  Governour  and  two  Members  of  the  Council  in  relation 
to  Captain  Lithgow  represent  the  affairs  of  the  said  Colony  in  a  true 
light. 

The  charge  which  your  Memorialist  has  made  against  the  said  Gov- 
ernour for  passing  the  currency  and  Quit  Rent  Laws  contrary  to  his 
Majesties  Instructions  by  not  incerting  a  suspending  clause  therein  will 
appear  evident  from  the  said  Laws  as  transmitted  to  your  Lordsiiips. 

And  what  is  charged  in  relation  to  the  said  Governours  preventing 
matters  from  being  regularly  entei'ed  in  the  Journals  of  the  Council 
there,  and  his  not  transmitting  the  same  will  evidently  appear  from  the 
Memorial  delivered  by  your  Memorialist  to  the  said  Governour  in  coun- 
cil in  November  1746  which  was  not  entered  althongli  earnestly  re- 
quested in  order  to  bring  the  said  Governour's  Proceedings  before  your 
Lordships,  and  it  will  likewise  appear  from  the  several  remarks  made  in 
the  first  part  of  this  Memorial  that  very  little  (if  an}')  credit  is  to  be 
given  to  the  Records. 

Mr.  John  Campbell's  Deposition  proves  what  was  charged  in  relation 
to  the  said  Governour's  being  wanting  in  his  Duty  by  not  ordering  Pub- 


COLONIAL  RECORDS.  1113 


lick  rejoicings  to  be  made  on  advice  of  the  most  happy  defeat  of  tiie 
Rebels  at  Ciilloden,  and  your  Memorialist's  real  intention  in  mentioning 
the  said  matter  is  only  to  demonstrate  that  the  Governour's  resentment 
shewn  to  tlie  people  really  was  such  that  he  chose  rather  to  neglect  his 
duty  to  his  Majesty  than  give  an  opportunity  to  the  People  of  making 
Publick  Rejoicings  on  that  glorious  defeat,  and  although  the  same  occa- 
sioned much  speculation  and  was  taken  notice  of  in  Virginia  yet  your 
memorialist  verily  believes  from  his  former  acquaintance  with  the  said 
Governonr  it  did  not  proceed  from  any  disaffection  to  his  Majestie's 
Person  or  Government  but  from  a  Rancour  in  his  mind  against  the  peo- 
ple of  Edenton. 

If  any  thing  criminal  or  faulty  had  appeared  in  your  Memorialist's 
conduct  during  his  stay  in  America  his  Enemies  there  did  not  want  incli- 
nation or  power  to  represent  him  in  the  most  odious  or  disadvantageous 
light,  wherefore  your  Memorialist  hath  undergone  a  kind  of  ordeal  Trial 
but  notwithstanding  all  the  difficulties  and  Obstructions  industriously 
throvpn  in  his  way  yet  he  hath  been  able  to  procure  a  Rent  Roll  for 
North  Carolina  in  which  province  there  never  was  any  such  before  his 
time  as  may  appear  by  the  Auditor  General's  report  to  the  House  of 
Commons  in  1740.  And  your  Memorialist  hath  improved  the  Rent  Roll 
in  South  Carolina  One  Thousand  Two  hundred  pounds  sterling  ^  ann  : 
and  upwards  as  may  also  appear  from  the  Rent  Roll  transmitted  to  the 
Auditor  General  in  May  1743. 

The  facts  stated  by  your  Memorialist  in  his  Petition  of  complaint  are 
so  full  and  strong  that  the  said  Governonr  could  not  have  any  recourse 
but  to  acts  of  Power  to  evade  the  same  and  he  hath  not  only  attempted 
to  defeat  the  intention  of  your  Lordship's  order  by  his  preventing  your 
Memorialist  from  having  his  Evidences  examined  in  the  manner  directed 
by  your  Lordships  but  hath  also  designedly  omitted  to  serve  your 
Memorialist  or  any  other  Person  in  his  behalf  with  a  true  copy  of  his 
Proofs  as  directed  by  your  Lordships  so  that  if  the  said  Proofs  were 
allowed  to  be  read  in  Evidence  it  would  break  in  upon  all  forms  of  pro- 
ceeding both  in  the  Courts  of  Law  and  in  the  Offices. 

And  it  is  further  observable  that  what  the  said  Governour  hath  trans- 
mitted to  your  Lordships  as  an  answer  to  your  Memorialist's  Petition  of 
Complaint  is  not  properly  an  answer  but  really  a  Complaint  arising  from 
the  violence  of  his  resentment  in  regard  he  charges  your  Memorialist 
with  several  matters  of  a  very  extraordinary  (if  not  incredible)  nature 
without  any  proof  (except  of  his  own  framing)  to  support  the  same,  yet 
as  his  Agent  declared  at  your  Lordship's  Board  Memorials  have  been 
thereupon  preferred  to  the  Right  Hon*'"  the  Lords  Commissioners  of  the 


1114  COLONIAL  RECORDS. 


Treasury  praying  that  all  proceedings  relative  to  your  Memorialist's 
Salary  may  be  delayed  until  your  Lordships  should  give  your  opinion 
in  relation  to  the  Matters  now  under  your  Lordships  consideration,  and 
it  was  also  then  and  there  mentioned  that  Mr.  Pelham  said  that  he  would 
not  determine  anything  in  regard  to  your  Memorialist's  Salary  until 
your  Lordships  had  made  the  Report. 

Those  private  Transactions  plainly  shew  that  the  said  Governour's 
answer  is  to  be  considered  as  a  new  complaint  against  your  Memorialist 
and  that  although  the  said  Governour  cannot  support  his  ciiarge  therein 
yet  he  liath  taken  this  method  to  wound  or  asperse  your  Memorialist  in 
his  character  and  injure  him  in  his  property  without  giving  him  any 
opportunity  of  justifying  himself  and  demonstrating  his  innocense  as  he 
could  and  still  can  when  required. 

The  several  matters  charged  by  your  Memorialist  are  of  a  Publick 
nature  and  nearly  concern  the  Crown  the  Offices  and  the  safety  of  his 
Majesties  subjects  from  which  cause  the  said  Governour  hath  endeav- 
oured to  throw  the  said  complaint  into  a  diiferent  shape  Wherefore  it  is 
humbly  hoped  that  your  Lordships  will  be  pleased  to  order  the  said 
Governour's  Agent  to  serve  your  Memorialist  with  a  Copy  of  the  said 
Complaint  or  answer  as  complicated  together,  and  also  with  Copies  of 
all  Memorials  or  other  papers  in  relation  to  your  Memorialist's  Salary 
which  hath  been  presented  to  the  said  Governour  or  his  Agents  to  the 
Rigiit  Hon"°  the  Chancellor  of  the  Exchequer  or  to  the  Right  Hon*"' 
the  Lords  Commissioners  of  the  Treasury  That  your  Memorialist  may 
be  thereby  enabled  to  give  a  full  and  true  answer  to  several  groundless 
and  malicious  suggestions  which  have  been  artfully  raised  and  propogated 
to  iiis  great  prejudice. 

And  therefore  your  Memorialist  most  hnmbly  conceives  that  the  nature 
of  the  present  case  requires  this  method  of  proceeding  more  especially 
for  that  payment  of  his  Salary  doth  in  a  great  measure  depend  on  your 
Lordships  report,  and  for  that  he  ought  in  common  Justice  to  have  an 
opportunity  of  vindicating  himself,  which  he  will  do  with  the  utmost 
speed  as  he  really  hath  the  strongest  motives  to  prompt  him  thereto. 

Your  Memorialist  therefore  most  humbly  prays  that  j'our  Lordships 
will  condescend  to  take  the  said  Premises  into  your  consideration  and 
grant  such  relief  therein  as  to  Your  Lordships  in  your  great  Equity  and 
regard  for  the  injured  shall  seem  meet. 

And  your  Memorialist  (as  in  Duty  boiuid)  shall  ever  pray  &c: 

HENRY  M'CULLOH 


COLONIAL  RECORDS.  1115 


The  Fees  demanded  from  Mr.  M°Culloh,  as  by  the  List  certified  by  tiie 
secretary  is  as  follows  viz: 

£         s       d 
To  the  Gov'  for  signing  96  Grants  at  5'  4"  each  25  "  12  "  - 

To  the  Gov"  Fee  in  proportion  to  the  quantity  of  ~j 

Lands  granted  at  2'  8"  f  50  acres  on  12,00,000  I        3050  "  —  "  - 

acres  amount  to  ) 

The  Gov"  Secry'  Fees  of  2^  8*  for  96  acres 
The  King's  Secry'  Fees  of  16°  on  every  640  acres 
The  Auditors  Fees  on  96  grants  at  16°  8*  each 
The  Attorney  Generals  Fees  on  96  grants  at  6°  8''  each 
Surveyor  Generals  Fees  on  1 2,00000  acres  at  2£  f  1000 

acres 

fo:  9.  in  the  middle  £7122  "     2  "  - 

The  legal  Fees  allowed  by  the  act  of  Assembly  referred  to  by  the 
Secretary  amounted  to  no  more  than  £2162  8'  0''  ever  provided  the  Sur- 
veyor General  had  surveyed  and  plotted  out  all  the  Inner  lines  of  the 
said  surveys 

Reced  Feb''  22°^  175| 


12  " 

16  "  - 

1550  " 

—  "  - 

51  " 

14  "  - 

32  " 

—  "  - 

2400  " 

—  "  - 

North  Carolina — ss. 

The  Depositions  of  Marmaduke  Kimbrough  of  the  said  Province  of  full 

age  being  duly  sworn  saith. 

The  said  Deponent  saith  he  heard  and  believes  his  Excellency  the  Gov- 
ernour  had  a  Tract  of  Land  on  the  branch  of  Enoh  containing  60000 
acres  of  Land  a  great  quantity  of  which  land  was  very  bad  and  unprofita- 
ble That  this  Deponent  being  inclined  to  take  up  a  Tract  of  Land  on 
Little  River  contiguous  to  said  Tract  of  Land  that  this  Deponent  en- 
deavoured by  all  possible  means  to  know  where  his  Excellency's  lines 
and  was  shewed  by  some  persons  who  informed  this  Deponent  that  they 
were  the  persons  that  carried  the  chain  and  directed  this  Deponent  to  the 
marked  Trees  That  this  Deponent  thinking  himself  then  secure  applyed 
to  Edward  Moseley  Esq"  who  then  acted  for  the  earl  Gi-anville  and 
received  Entrys  for  said  Earls  land  and  entered  a  Tract  containing  one 
thousand  acres  on  the  head  branches  of  Little  River  and  surveyed  the  same 
and  that  soon  after  the  Governour  and  Mr.  Gould  went  to  Enoh  afore- 
said and  on  his  the  Governours  return  as  this  Deputy  heard  and  believes  he 
gave  out  that  he  would  have  this  Deponents  land  and  as  the  Deponent 
heard  he  had  entered  a  Caveat  against  this  Deponent  getting  a  deed  for 


1116  COLONIAL  RECORDS. 


his  said  Land  that  this  Deponent  attending  the  said  Earls  hind  office  at 
Edenton  his  Excellency  then  preferred  a  Pef  the  purport  whereof  or  as 
much  thereof  as  this  Deponent  can  well  remember  was  that  he  had  about 
the  year  1742  made  a  purchase  of  the  Memorialist  of  60000  acres  of 
Land  on  Enoh  and  Little  River  and  that  he  sent  a  surveyor  to  survey  the 
same  who  failed  to  run  the  survey  according  to  bargain  on  the  River  Enoh 
and  Little  River  by  means  whereof  his  said  Excellency  had  surveyed  to 
him  so  much  bad  land  that  it  was  not  worth  the  Quit  Rents  and  therefore 
he  must  be  a  great  looser  and  hoped  that  they  would  indulge  him  so  farr  as 
to  suifer  him  to  dropp  his  said  Patent  and  grant  him  a  new  one  to  be  sur- 
veyed on  Enoh  and  Little  River  that  tliis  Deponent  fearing  he  should 
loose  his  land  applyed  to  Mr.  Craven  an  Attorney  at  Law  and  as  the 
Deponent  knew  he  was  far  out  of  the  Governour's  Bounds  offered  him 
either  ten  Pounds  or  ten  Pistoles  to  appear  for  him  and  defend  him  who 
told  this  Deponent  that  if  this  Dep'  would  give  him  £50  neither  he  nor 
any  [of]  them  meaning  (as  this  Dep'  believes)  the  other  Attorney  or  any 
other  person  dare  appear  against  him  And  since  that  the  Governour  made  a 
new  survey  and  included  in  it  this  Dep*"  land  by  which  means  he  this 
Deponent  lost  the  same  and  has  thrown  off  the  bad  and  un])rofitable  part 
of  his  Excellency's  first  Survey. 

This  Dep'  farther  says  that  after  tiie  Governor  had  preferred  his  Pet" 
as  aforesaid  that  this  Dep'  charged  Col :  Moseley  and  Col :  Halton  Agents 
for  the  Earl  Granville  with  breach  of  faith  towards  this  Dep'  in  relation 
to  his  Entry  and  survey  that  he  had  assured  this  Deponent  in  case  he 
was  out  of  the  Governour's  lines  he  should  have  his  land  and  that  as  he 
had  his  money  ready  to  pay  for  his  Deed  he  conceived  he  had  a  just 
Right  to  it  That  the  said  Moseley  then  told  this  Deponent  they  (mean- 
ing said  Agents)  were  instructed  by  Earl  Granville  to  indulge  his  Excel- 
lency the  Governour  as  far  as  they  could  to  which  this  Dep'  answered 
that  the  case  then  was  far  beyond  an  indulgence  for  it  was  stripping  him 
of  his  just  Right  he  this  Deponent  having  made  large  and  expensive 
improvements  to  the  value  of  least  of  £20  Virg'  money  to  which  he 
answered  he  had  an  express  order  as  aforesaid. 

MAR:  KIMBROUGH 


The  Deposition  of  John  Wj'nns  of  Bertie  County  Gent:  being  of  full 
age  and  sworn  on  the  Holy  Evangelist — To  the  1"  Inter:  saith  that 
sometime  in  the  Spring  in  the  year  1741.  he  saw  a  Proclamation  signed 
by  the  Gov :  by  which  Procl :  it  was  notifyed  That  all  Warrants  should 
be  Petitioned  for  in  Council  and  Rights  proved  in  Council  and  in  every 
thing  else  as  this  Dep'  believes  pursuant  to  his  Majesty's  Instructions  to 


COLONIAL  RECORDS.  1117 


the  Governour  in  relation  to  the  taking  up  of  Lands  and  this  Dep'  says 
that  he  observed  the  Gov  :  for  a  small  time  observe  the  methods  prescribed 
by  said  Proclamation  But  soon  after  that  method  was  altered  and  then 
the  custom  was  Rights  were 'proved  in  County  Courts  and  certificates 
thereof  transmitted  to  the  Secretary's  Office  and  soon  after  neither  Rights 
nor  Certificates  were  at  all  required  and  about  the  year  1744  and  1745 
It  was  the  general  custom  in  the  Secretary's  office  to  which  this  Depo- 
nent had  frequent  recourse  as  being  Dep'^  Survey'  under  George  Gould 
Esq™  (Surveyor  General  of  North  Carolina)  to  apply  to  tiie  Secretary 
for  Warrants  fur  Lands  and  pay  Fees  and  paid  4  Shill:  Sterling  ^  100 
acres  for  the  Gov'  as  Right  money  as  it  was  called  and  sometimes  the 
Surveyor  General  gave  small  Tickets  to  this  Dep'  to  survey  lands  for 
which  the  Dep'  was  to  have  Warrants  afterwards  and  therefore  left  the 
dates  of  the  return  blank  for  the  Survey'  General  to  fill  up  iu  order  to 
keep  tally  iu  the  office  having  Instructions  from  the  Surveyor  General 
so  to  do  with  the  addition  of  his  saying,  we  must  come  date  over  them 
or  be  before  hand  with  them  He  then  speaking  of  Moseley  as  this 
Dep'  took  it  then  by  the  Surveyor  Generals  discourse  that  the  land 
officers  would  antedate  Warrants  and  Grants  so  as  to  appear  to  be  granted 
under  his  Majesty. 

To  the  2"''  Int'  This  Dep'  savs  that  he  had  several  Warrants  for  lands 
in  April  1745  dated  the  15""  day  of  said  month  and  about  a  year  after- 
wards had  Patents  for  the  same  dated  pi'evious  to  the  date  of  the  War- 
rants particularly  a  Patent  to  Edward  Roberts  for  400  acres  and  one  to 
Benj  :  Holiyman  for  25o.  both  in  Bertie  County  and  this  Dep'  knows  of 
no  great  injury  received  by  any  person  on  such  account  except  that  one 
Thomas  Ryan  lost  a  piece  of  land  surveyed  by  this  Dep'  for  said  George 
Gould  Esq'"  Survey'  Gen"  in  Nov:  174.3  Tliis  Dep'  says  that  he  this 
Dep'  has  since  that  time  seen  the  Patent  for  said  Tract  of  Land  to  the 
said  George  Gould  and  that  it  bears  date  in  July  1743. 

To  the  3'*  Int'  This  Deponent  says  that  he  has  at  several  times  got 
Warrants  and  Grants  for  several  parcells  of  lands  without  having  any 
Rights  demanded  of  him. 

To  the  4""  Int'  This  Dep'  says  that  he  does  not  exactly  know  how  the 
Gov'  has  exerted  his  authority  iu  preventing  matters  coming  to  a  tair 
Tryal  or  how  he  acted  as  to  Commiss'^  of  the  Peace  until  the  year  1741. 
The  Gov'  and  Council  then  granted  a  Commission  of  the  Peace  for  Ber- 
tie County  to  sundry  persons  of  which  number  Thomas  Jackson  was  one 
which  Commission  was  in  this  Dep"  hands  as  Deputy  Clerk  of  the  said 
County  and  that  soon  after  another  Commission  came  to  this  Dep"  hands 
both  of  which  were  dated  in  Sep'  1741.  and  from  the  same  place  (to  wit) 


1118  COLONIAL  RECORDS. 


AVelmingtoii  in  which  last  Commiss"  the  said  Thomas  Jacksons  name 
was  omitted  and  the  names  of  George  Gould  and  James  IVPDowall. 
And  this  Dep'  believes  George  Lockhart  was  incerted  and  his  Excellency 
the  Gov"  Gen"  custom  has  been  to  turn  out  Justices  of  the  Peace  per- 
emptorily at  his  will  and  pleasure  except  that  he  gave  Peter  West  and 
Mr.  Buck  a  formal  hearing  and  Tryal.  This  Dep'  knows  not  whether 
his  Excellency  the  Gov'  has  fully  comply'd  with  an  act  of  Ass'''''  of  this 
Province  being  an  additional  act  for  the  qualification  of  Publick  Officers 
but  believes  by  the  said  Act  no  person  was  to  be  admitted  into  the  Cora- 
miss"  of  the  Peace  in  this  Province  untill  he  had  been  a  resident  three 
years  in  the  country  where  he  M'as  appointed  yet  contrary  thereto  his 
Excellency  the  Governour  did  appoint  Will :  Cathcart  and  George  Gould 
Esq"  Justices  of  the  Peace  in  Bertie  County  before  they  had  resided  three 
years  in  the  Government  pursuant  to  the  said  Act  This  Dep'  saith  he  saw 
the  Governour  at  his  own  House  without  any  complaint  of  ill  usuage  at 
the  day  assigned  for  a  hearing  discharge  an  orphan  boy  which  was  bound 
by  the  Justices  of  Bertie  Court  to  Thomas  Jones  Esq"  and  order  him  to 
return  to  his  mother.  This  Dep'  liaving  a  brother  to  said  Orphan  bound 
to  him  let  him  go  also  lest  he  should  be  compelled  to  it  in  like  manner. 

JNO:  WYNNS. 


The   Deposition   of  Nath :   Cooper  of  the  Province  aforesaid   being  of 

full  age  and  duly  sworn  to  the — 

1"  Inter:  Saith  that  he  knew  Robert  Forster  Esq"  dece**  in  his  life 
time  acted  as  Deputy  Secretary  during  the  time  and  acted  as  Clerk  in 
his  Office  being  near  two  years.  He  was  frequently  in  his  Office  he 
hath  seen  in  the  said  Office  severall  blank  Patents  and  he  beleives  them 
to  be  signed  by  his  Excellency  Gabriel  Johnston  Esq"  and  likewise  the 
said  blank  Patents  had  the  seal  of  the  Province  affixed  to  the  said  Pat- 
ents and  that  the  said  blank  Patents  were  filled  up  some  several  by  his 
own  hand  writing  as  to  the  number  of  them  he  cannot  declare  and  that 
he  acted  as  Clerk  under  said  Robert  Forster  Esq"  in  the  year  1745  and 
1746. 

Deponent  to  the  2'"'  Inter:  says  that  he  himself  filled  up  the  Blanks 
in  the  Patent  now  produced  to  him  and  that  the  seal  of  the  Province  was 
affixed  to  said  Patents  before  the  filling  them  up  and  likewise  signed  by 
the  Gov'  and  that  the  said  Patent  bears  date  20""  of  April  1745  and 
that  the  said  Patent  was  to  Benjamin  Holliman  being  for  25.3  acres 

Said  Dep'  to  the  3'^  Inter :  saith— 

That  he  doth  not  know  where  the  said  Secretaries  office  was  kept  but 
that  the  said  Robert   Forster  in  his  life  time  being  Clerk  of  Edgcomb 


COLONIAL  RECORDS.  1119 


Comity  and  being  on  Roanoak  in  said  Connty  kept  his  office  at  his  own 
House  there  in  which  Office  this  Dep'  saw  the  Blank  Patents  as  afore- 
said. NATH:  COOPER. 


The  Dej)osition  of  .foim  Campbel  of  Bertie  County  Merch'  being  of  full 

age  and  duly  sworn  to  the 

l"Intr:  This  Deponent  saitli  that  on  tiie  28'"  of  Sept""  1745  near 
Batli  Town  at  the  House  of  Mr.  Abrah"  Duncan  in  Mr.  Edw"*  Griffiths 
and  this  Deponents  Lodging  Room  there  were  a  considerable  number  of 
Warrants  and  Patents  Blank  signed  by  the  Gov''  and  since  that  time  he 
saw  John  Howell  Sen'  of  Bertie  County  have  a  Blank  Warrant  and  a 
Patent  signed  and  sealed  to  be  filled  up  without  any  date  to  either. 

Said  Depon'  to  the  2°^  Int'^  Saith  Cap'  Henry  Danbuz  of  the 
Granville  Frigate  of  London  from  Cork  arrived  at  Occrocock  Inlett  the 
6'"  day  of  July  1746  and  said  Cap'  came  to  Edenton  on  the  eighth 
day  of  said  Month  consigned  to  this  Dep'  that  said  Danbuz  brought 
printed  Newspapers  from  Cork  with  an  account  of  the  defeat  of  the 
Rebells  army  at  Colloden  on  the  7'"  of  April  that  he  sent  the  said  Danbuz 
immediately  to  the  Gov'  with  the  said  Newspapers  the  said  Cap'  Dan- 
buz returned  on  the  afternoon  of  said  Day  but  did  not  bring  back  the 
said  Newspapers  nor  did  this  Dep'  hear  of  or  see  any  rejoicings  made 
in  the  Province  nor  of  any  order  of  the  Gov'  to  make  any  Bonfires  on 
tiie  News  of  joy  on  this  agreeable  News  nor  was  said  Newspapers  re- 
turned to  this  Dep'  Cap'  Danbuz  on  his  return  from  the  Gov'  told 
this  Dep'  that  his  Excellency  seemed  displeased  and  said  he  was  sorry 
for  the  fate  of  several  of  the  Gentlemen  who  fell  in  that  Battle  of  Col- 
loden 

To  the  third  Int'-''  Says  that  the  said  ship  Granville  lay  exposed  at 
Occrocock  Inlett  and  in  danger  of  Privateers  that  he  required  leave  to 
unlade  a  Brigantines  Cargo  called  the  Molley  and  Pegy  on  Board  said 
ship  in  order  to  dispatch  her  from  that  place  of  danger  but  his  Excel- 
led'' denyed  his  request  by  which  the  said  ship  was  long  delayed  and 
afterwards  with  a  valuable  cargo  was  taken  by  the  French  on  the  10'" 
day  of  March  at  sea  to  the  great  loss  of  the  Owner  and  Freighters  of 
said  ship  and  was  the  occasion  of  Mr.  Jer:  Joyas'  desisting  to  Trade 
any  longer  from  London  to  this  Province  who  had  carryed  on  a  Trade 
and  Correspondence  for  many  years  with  several  ships  and  occasioned 
this  Dep'  to  go  for  England.  That  in  the  month  of  Aug"  1747  a  ship 
arrived  at  Edenton  from  Liverpool  consigned  to  this  Dep'  and  that  she 
legally  entered  at  the  Custom  House  and  Naval  Office  and  unladed  her 


1120  COLONIAL  RECORDS. 


Merchandize  and  in  October  was  laden  with  sundry  commodities  bound 
to  Liverpool  That  this  Deponent  intended  to  depart  the  Province  in 
said  ship  having  publickly  given  notice  of  his  Intentions  accord*  to  Law 
and  when  ready  to  depart  the  Gov"'  wrote  to  the  Collecf  Mi\  John  Hull 
a  Letter  of  which  this  is  a  Copy  viz:  S"'  Eden  House  Oct'  2P'  1747. 
The  Master  of  a  vessel  from  Liverpool  consigned  to  Cap'  Campbcl  now 
ready  to  sail  from  this  Port  has  neglected  to  comply  with  one  of  the 
Acts  of  Trade  made  in  the  15  Car  2''  upon  which  account  I  command 
you  to  seize  the  said  vessel  and  to  bring  the  master  to  a  Tryal  in  the 
Court  of  Vice  admiralty  without  loss  of  time 

I  am— Sir  y'  h""  servant  G.  JOHNSTON. 

To  the  Collec"^  of  the  Customs  at  Edenton. 

That  the  said  Ship  was  delayed  several  days  by  the  Coll :  who  refused 
to  clear  out  the  said  ship  until  he  said  Collect'  went  to  the  Gov'  on  the 
S"*  day  of  November  by  which  delays  several  days  fair  winds  were  lost 
and  seasonable  weather  to  get  thro  the  Shoals  before  the  winter  season 
was  violent  which  occasioned  a  most  dangerous  passage  to  the  said  ship 
with  loss  of  one  mast  sails  and  fourth  part  of  her  lading  cast  overboard 
till  the  12"^  of  March  that  the  ship  got  to  her  port  at  Liverpool  the 
Owners  and  this  Dep'  being  greatly  injured  by  the  illegal  detention  of 
said  ship  and  discouraged  from  undertaking  business  to  transact  in  this 
Province  from  his  friends  at  London  or  Elsewhere. 

J-"  CAMPBELL. 

To  tile  fourtii  Interrogatory  says  that  he  knew  Henry  M'Culloh  the 
Memorialist  was  summoned  by  Mr.  Allen  the  Receiver  General  to  appear 
before  the  Gov'  in  Council  but  what  happened  on  said  summons  this 
Deponent  referrs  to  the  Council  Minutes  thereupon,  the  reason  this  De- 
ponent says  he  bought  upwards  of  twenty  thousand  pounds  of  Tobacco 
in  the  Counties  of  Bertie  A  Chowan  which  this  Deponent  was  told  had 
been  received  for  Quit  Rents  and  paid  at  the  rate  of  nine  shillings  ster- 
ling '^  C  for  said  Tobaccos  and  that  it  was  in  the  year  1740  and  would 
have  purchased  a  greater  quantity  at  that  rate  that  he  has  heard  that 
what  Tobaccos  were  sold  that  year  were  sold  about  the  same  price  And 
that  the  Receiver  General  afterwards  had  not  allowed  in  his  Accounts 
above  five  shillings  and  nine  pence  sterling  "^  C"  for  said  Tobaccos. 

J-"  CAMPBELL. 


The  Depositions  of  Alexander  M°Culloch  Esq'"  Deputy  Auditor 
of  the  Province  aforesaid  being  of  full  age  and  duly  sworn  to  the 
1"  Interrogatorv  saveth  that  he  well  knows  his  Excellency  the  Govern- 


COLONIAL  RECORDS.  1121 


our  had  Instructious  from  liis  Majesty  that  before  any  person  shou'd 
have  liberty  to  take  up  lands  they  should  be  first  obliged  to  prove  their 
rights  and  then  to  Petition  in  open  Council  for  what  is  called  a  Warrant 
and  after  the  said  Warrant  was  returned  with  a  Plot  of  the  survey  tiien 
they  were  to  petition  for  a  Patent  agreable  to  said  Warrant  wiiich 
Patent  if  granted  was  to  be  signed  by  the  said  Governour  in  Council  and 
the  said  Governour  notwithstanding  his  said  Instructions  has  granted 
several  Warrants  out  of  Council  and  signed  many  Patents  and  that 
several  of  the  said  Warrants  were  not  audited  in  which  ease  it  was  in 
the  Gov"  and  Surveyor  Generals  Power  to  grant  Blank  AVarrants 
rents  or  act  in  any  loose  manner  they  might  think  proper  that  the  cause 
of  his  knowledge  is  that  he  always  attends  his  Office  as  Deputy  Auditor 
through  which  Office  all  said  Warrants  and  Patents  do  or  ought  to  pass. 

To  the  second  Interrogatory  deposeth  that  he  has  seen  several  Blank 
Patents  in  the  room  where  Mr.  Edward  Griffith  sleept  at  the  house  of  one 
Mr.  Abraham  Duncan  near  Bath  signed  by  the  Gov'  but  cannot  exactly 
tell  what  number. 

To  the  third  Interrogatory  swears  he  was  present  at  two  Tryalls 
between  the  Memorialist  and  Cap'  Rowan  for  the  sum  of  fifteen  hundred 
pounds  or  some  such  large  sum  before  Enoch  Hall  Esq'*'  the  Chief  Jus- 
tice of  said  Province  and  that  one  of  the  said  suits  was  granted  in  favour 
of  the  Memorialist  and  on  the  otiicr  a  special  verdict. 

The  said  Deponent  to  the  fourth  Interrogatory  says  that  Enoch  Hall 
Esq"  then  Chief  Justice  before  wiiom  the  aforesaid  causes  was  tryed 
refused  the  Memorialist  liberty  upon  tiie  said  Tryals  of  reading  some 
letters  of  Gov"'  Johnstons  which  related  to  the  then  dispute  which  was 
in  favour  of  the  said  Memorialist  and  allowed  Sam"  Johnston  Esq"  the 
Gov"  brother  to  give  Evidence  to  a  Proscript  or  Paragraph  of  a  Letter 
said  to  be  written  by  the  Memorialist  to  the  Governour  without  pro- 
ducing the  said  letters  or  alledging  the  same  to  be  lost.  His  cause  of 
knowledge  is  that  he  was  present  at  the  said  Tryal. 

ALEX'  MCCULLOCH. 


Tlie  Deposition  of  the  Rev''  James  Moir  of  full  age  being  sworn  in 
the  Holy  Evangelist  to  the  first  Interrogatory  says  that  lie  was  at  the 
Tryal  between  the  Memorialist  and  Mathew  Rowan  Esq"  and  Enoch 
Hall  Esq"  Chief  Justice  insisted  on  the  said  Deponent  giving  in  Evi- 
dence what  passed  in  private  conversation  between  the  Memorialist  and 
said  Deponent  tho  he  signified  to  the  Court  he  did  not  think  himself 
obliged  so  to  do,  he  did  not  appear  as  an  Evidence  in  the  said  cause  to 
any  other  matter  or  subject.     Samuel  Johnston   Esq"  was  admitted  to 


1122  COLONIAL  RECORDS. 


give  in  evidence  a  Paragraph  of  one  of  the  Memorialists  Letters  to  his 
Excellency  Gabriel  Johnston  Esq". 

To  the  second  Interrogatory  the  Deponent  says  that  July  28"'  1745 
being  Sunday  in  the  afternoon  he  was  informed  that  Cap'  Will :  Lith- 
gow  being  much  in  Liquor  the  night  before  by  taking  leave  of  his 
friends  was  arrested  on  board  a  vessel  in  which  he  had  taken  iiis  passage 
to  Boston  He  the  .said  Deponent  was  prevailed  upon  to  go  in  company 
with  said  Lithgow  and  Rob:  Walker  Esq"  then  Sheriff  for  tlie  County 
of  New  Hanover  to  the  house  of  Roger  Moore  Esq"  where  he  the  said 
Dep'  and  said  Rob'  Walker  enquired  for  Nath  :  Rice  Esq"  who  came 
out  of  an  inner  room  aud  being  asked  for  what  cause  the  said  Lithgow 
had  been  arrested  Saturday  night  by  virtue  of  a  precept  from  him  the 
said  Rice  immediately  the  said  Rice  produced  a  Precept  which  he  said  he 
had  given  the  day  before  to  execute  on  said  Lithgow  as  far  as  the  said 
Dep'  can  remember  the  precept  was  in  the  following  words  (to  wit) 
whereas  the  Hon*"''  Roger  Moore  Esq"  has  made  application  to  me  and 
intends  to  bring  an  Indictment  against  Cap'  William  Litiigow  These  are 
therefore  to  command  you  to  apprehend  Cap'  William  Lithgow  and 
bring  him  before  me  that  he  may  enter  into  Recognizance  signed  Rice 
directed  to  George  Richardson  Constable.  After  Robert  Walker  and  he 
the  said  Dep'  made  some  remarks  upon  the  illegality  of  issuing  such  a 
Precept  without  Oath  made  of  the  breach  of  some  law.  Nath  :  Rice  and 
Roger  Moore  Esq"  went  into  another  room  and  returning  in  a  short  time 
brought  another  Precept  setting  forth  that  whereas  the  Hon"'  Roger 
Moore  Esq"  had  made  oath  that  Cap'  Lithgow  had  commenced  a  vexa- 
cious  suit  against  the  said  Moore  for  burning  lightwood  on  Land  that 
the  said  Lithgow  had  bought  of  Mr.  Roger  Gray  These  therefore  to 
command  you  to  apprehend  the  said  Ijithgow  for  his  appearance  at  the 
next  Court  of  Assize  the  said  Moore  intending  to  indicte  the  said  Lith- 
gow at  said  Court  signed  Nath:  Rice  directed  to  George  Richardson 
Constable  or  any  other  lawful!  Officer  The  SlierifF  no  sooner  received 
this  Precept  than  he  executed  it  upon  which  the  said  Lithgow  desired 
the  Sheriff  and  tlie  s''  Dep'  to  stand  Bail  the  said  Litiigow  was  oblidged 
to  enter  into  Recognizance  for  his  appearance  in  the  sum  of  Eight}' 
Pounds  Proclamation  Money  and  his  two  sureties  in  Forty  Pounds  Proc- 
lamation Money  each.  The  Dep'  asked  if  said  Lithgow  might  appear 
by  his  Attorney  to  which  the  said  Moore  answered  that  tlie  Crime  was 
of  such  a  nature  that  he  the  said  Lithgow  must  appear  in  person  whicii 
induced  the  said  Lithgow  to  lay  aside  all  thoughts  of  proceeding  on  his 
voyage  to  Boston  There  was  no  suit  then  depending  against  said  Lith- 
gow nor  was  he  indicted  by  the  said  Moore  afterwards  to  the  best  of  the 


COLONIAL  RECORDS.  1123 


Dep"  knowledge.  The  said  Litligow  at  said  Court  of  Assize  got  tlie 
said  Natli :  Rice  &  Roger  Moore  Esq"  indicted  by  the  Grand  Jury  and 
his  Excellency  Gabriel  Johnston  Esq'"  ordered  a  Noli  prosequi  to  be 
entered  on  the  said  Indictment.  JAMES  MOIR 


Tiie  Deposition  of  Benjamin  Wynns  late  Deputy  Survey"'  of  Bertie 
County  being  of  full  age  and  duly  sworn  to  the  1°'  Interg: 
He  was  appointed  Deputy  Surveyor  by  Mr.  George  Gould  and  had  a 
Commission  from  him  said  George  Gould  for  said  office  of  Deputy  Sur- 
veyor bearing  date  sometime  before  the  year  1745  by  virtue  of  which 
said  Commission  and  by  order  of  the  said  George  Gould  he  surveyed 
lands  in  the  Counties  of  Bertie  and  Northampton  from  the  date  of  said 
Commission  to  some  time  in  the  year  1746. 

Said  Deponent  to  the  2"^  Interrogatory  says  that  during  the  time  he 
surveyed  laud  by  virtue  of  the  above  said  Commission  he  made  Twenty 
Three  surveys  he  had  Warrants  for  all  or  most  of  them  whether  they 
were  regularly  issued  or  whether  they  were  audited  and  their  dates  he 
cannot  tell,  whether  the  returns  were  all  Pursuant  to  the  Warrants  he 
knows  not     the  date  of  Warrants  he  has  forgot. 

Said  Deponent  to  the  third  Interrogatory,  says  that  he  has  seen  a 
Patent  dated  the  sixth  day  of  April  1745  to  which  a  Piatt  and  Certifi- 
cate was  annexed  dated  the  22°'' day  of  August  1745,  Granted  to  Nicho- 
las Baggot  containing  Four  hundred  and  seventy  acres  of  Land  which 
Laud  is  in  Northampton  County  which  said  Land  he  surveyed  at  the 
time  that  the  said  Certificate  bears  date  and  the  said  Deponent  further 
declares  he  has  also  seen  one  other  Patent  granted  to  Benjamin  Holly- 
man  for  two  hundred  and  fifty  three  acres  bearing  date  the  20*  day  of 
April  1745  and  dated  the  Certificate  thereof  on  the  same  day  he  sur- 
veyed the  Land  and  not  sooner,  and  that  he  believes  the  said  Certificate 
to  be  his  proper  hand  writing.  BEN  J  :  WYNNS. 


Thomas  Ryan  of  Bertie  County  being  of  full  age  and  sworn  upon  the 

Holy  Evangelists  to  the  first  Interrogatory  saith 

That  he  obtained  a  Warrant  to  survey  a  Tract  of  Land  beginning 
at  the  mouth  of  the  horse  Pen  branch  in  Bertie  county  to  contain 
five  hundred  acres  which  tract  of  land  was  immediately  after  the  date 
of  the  said  Warrant  surveyed  but  this  Deponent  says  that  upon  the 
Deputy  surveyors  offering  to  return  the  said  Warrant  he  was  prevented 
by  George  Gould  Esq"  then  Surveyor  General  Pretending  to  this  Depo- 
nent that  the  same  was  not  Right  done  but  that  he  the  said  Gould  -would 


1124  COLONIAL  RECORDS. 


set  it  to  Rights  or  words  to  that  purpose  says  he  never  could  obtain  a 
pattent  for  the  same  but  that  some  time  afterwards  upon  stating  and  set- 
tling some  accounts  between  this  Deponent  and  the  said  Gould  he  the 
said  Gould  charged  this  Deponent  with  fifteen  pounds  ten  shillings  Curr' 
Bill  money  of  this  Province  for  the  above  Warrant  and  that  after  that 
the  said  Gould  made  a  second  charge  upon  this  Deponent  for  the  sum  of 
nineteen  pounds  Bill  money  aforesaid  Fees  for  a  Warrant  to  survey  the 
aforesaid  Tract  of  five  hundred  acres  of  Land  which  was  Fees  due  to 
the  Gov'  as  Gould  told  this  Deponent  and  for  surveying  the  same  and 
then  delivered  to  this  Deponent  a  second  Warrant  for  said  Tract  which 
as  this  Deponent  believes  was  of  a  far  later  date  than  (he  first  warrant 
by  which  the  said  land  was  surveyed  this  Deponent  doth  not  know 
neither  does  he  believe  that  there  was  any  former  or  prior  Entry  on  said 
Tract  of  Land  by  any  person  whatever  but  says  that  sometime  after  said 
Tract  of  land  was  surveyed  for  this  Deponent  the  aforesaid  Mr.  Gould 
had  the  same  surveyed  to  his  use  and  privately  and  unknown  to  this 
day  obtained  a  patent  for  the  same  and  by  that  means  this  Deponent  was 
not  only  deprived  of  his  land  but  of  the  aforesaid  sum  of  fifteen  Pounds 
ten  shillings  and  the  said  sum  of  nineteen  pounds  Bill  money  aforesaid 
being  of  equal  value  of  three  Pounds  nine  shillings  sterling. 

To  the  second  Interrogatory  said  Deponent  swears  that  John  Hollbrook 
of  Bertie  County  aforesaid  being  considerably  indebted  to  this  Deponent 
amounting  in  the  whole  to  the  sum  of  one  thousand  nine  hundred  and 
Twenty  three  pounds  curr'  Bill  money  of  North  Carolina  equal  to  one 
hundred  and  ninety  two  pounds  six  shillings  sterling  and  dying  intestate 
this  Dep'  applyed  to  his  Excellency  the  Governour  for  letters  of  adm" 
of  said  Hollbrooks  estate  as  chief  or  principal  Creditor  and  not  only 
offered  to  give  sufficient  security  such  as  the  Law  required  but  also  to 
give  anv  other  security  such  as  his  Excellency  should  approve  of  to 
indemnify  his  Excellency  for  granting  adm"  to  this  Deponent  that  his 
Excellency  then  requiring  whether  there  was  any  heir  or  other  person  of 
Kin  to  the  deceased  this  Deponent  told  him  there  was  one  Margaret  Jones 
aunt  to  the  defunct  who  lived  on  Tar  River  which  w-as  all  the  Kin  this 
Deponent  knows  of  to  which  his  Excellency  replyed  that  she  had  the 
Right  of  adm"  in  case  she  claimed  the  same  that  the  Deponent  having 
so  considerable  a  sum  of  money  at  Stake  went  immediately  to  the  house 
of  the  said  Margaret  Jones  and  there  agreed  with  her  for  her  Right  and 
obtained  an  Instrument  in  Writing  in  the  nature  of  a  Renunciation  to  said 
adm"  and  thereby  she  agreed  that  this  Deponent  should  have  the  letters  of 
adm°  granted  to  him  this  Dep' yet  his  Excellency  the  Governour  notwith- 
standing the  Promises  refused  granting  adm°  to  this  Deponent  and  at 


COLONIAL  RECORDS.  1125 


tlie  Siiiue  time  adm"  was  granted  of  said  estate  to  one  Cap'  James 
M°Dowali  who  pretended  also  to  be  a  Creditor  of  said  Hollbrook  but 
for  a  far  less  sum  than  was  due  to  this  Deponent  not  exceeding  as  this 
Deponent  believes  Twenty  or  Eighty  Pounds  Bill  Money  aforesaid.  That 
the  said  Margaret  Jones  being  as  this  Deponent  heard  advised  to  go  to 
the  Governour  this  Dep'  went  with  her  and  being  asked  by  his  Excellency 
what  she  wanted  told  him  siie  wanted  her  Right  if  she  had  any  his 
Excellency  told  her  he  had  granted  letters  of  adm"  to  said  James 
M°Dowall  of  said  Estate  but  the  said  Margaret  Jones  declaring  her  dis- 
like to  said  M'Dowall  having  anything  to  do  with  said  Estate  declared 
he  would  joyn  with  him  in  said  adm"  Coll :  West  which  this  Deponent 
believes  he  did  not  said  West  never  acted  as  adm'  by  means  whereof  this 
Deponent  suifered  much  and  that  to  this  day  there  is  behind  and  unpaid 
of  the  debt  due  by  the  said  Hollbrook  to  the  Deponent  the  sum  of  seven 
hundred  pounds  Bill  money  aforesaid. 

To  the  third  Interrogatory  this  Deponent  says  that  Richard  Smith  of 
Northampton  County  was  indebted  to  this  Deponent  in  the  sum  of  one 
hundred  and  forty  three  pounds  twelve  shillings  curr'  Bill  money  of  this 
Province  for  which  as  security  he  the  said  Smith  gave  this  Deponent  a 
Mortgage  on  a  Tract  of  land  at  a  place  called  Pea  Hill  in  the  said  County 
which  Tract  was  entered  Warrant  granted  to  survey  the  survey  made  and 
return  thereof  and  upon  Petiti(in  as  usual  a  Grant  for  a  Pattent  ordered 
as  this  Deponent  heard  and  believes  (together  with  all  his  the  said  Smiths 
Stock  of  cattle  horses  and  household  goods  &c:  which  said  deed  of 
Mortgage  was  acknowledged  and  recorded  in  Bertie  Court  in  the  due 
form  of  Law  and  that  some  time  after  the  said  Smith  was  convicted  of 
Burglary  and  executed  for  the  same  and  after  the  Execution  notwith- 
standing his  Excellency  well  knew  of  the  Mortgage  to  this  Dep'  he  after- 
wards as  this  Deponent  heard  and  believes  giving  out  in  Speeches  that 
said  Mortgage  to  this  Dep'  was  fraudalent  Granted  Letters  of  adm"  of 
said  Smiths  Estate  aforesaid  to  one  John  Watts  Esq'°  (a  person  much  in 
favour  with  his  Excellency)  to  the  use  of  one  then  oversear  to  said 

Watts  who  quarrelling  with  said  Watts  afterwards  was  turned  oif  and 
said  Watts  possessed  himself  of  said  Smith's  estate  and  sold  the  same  for 
a  much  greater  sum  than  was  pretended  to  be  due  to  said  Oversear  which 
said  Watts  always  kept  till  his  death  without  ever  rendring  any  account 
as  by  Law  he  ought  to  do  or  ever  paying  this  Deponent  one  Farthing  of 
his  said  just  Debt  and  also  Robert  Forster  or  William  Eaton  Esq"  or  one 
of  them  was  afterwards  admitted  to  entei-  the  said  Land  at  Pea  Hill  and 
thereby  deprived  of  any  manner  of  Remedy  whereby  he  might  recover 
his  said  just  Debt  and  this  Deponent  swears  that  the  said  Smith  Justly 


1126  COLONIAL  RECORDS. 


Really  and  Bonnafide  owed  him  the  aforesaid  sum  of  one  hundred  and 
Forty  Three  pounds  Twelve  shillings  Bill  Money  at  the  time  of  his 
death.  THO:  RYAN. 


Answers  to  certain  Interrogatories  exhibited  in  behalf  of  Henry  M°Cul- 
loh  Esq"  to  Nathaniel  Rice  Esq"  Secretary  of  the  said  Province. 
That  Eleazar  Allen  Esq"  deceased  late  Receiver  General  of  the  said 
Province  entered  into  a  Bond  for  the  faitlifull  discharge  of  his  Office  of 
Receiver  General  in  the  penal  sum  of  four  thousand  pounds  sterling  with 
two  secretaries  viz'  myself  and  Cap'  James  Innes  dated  in  May  1735 
which  Bond  lies  in  the  Secretaries  Office  but  the  said  Captain  Innes  some 
time  after  upon  his  leaving  the  Province  desiring  leave  to  withdraw  his 
security  the  said  Eleazar  Allen  entered  into  another  Bond  together  with 
myself  and  Roger  Moore  Esq"  in  (as  I  remember)  the  like  sum  and  to 
the  same  effect  Which  Bond  I  had  orders  to  send  to  his  Excellency 
Gabriel  Johnston  Esq"  to  remain  as  I  supposed  in  his  Exc^'  hands  for 
that  I  was  a  party  but  whether  I  received  such  order  and  direction  from 
his  Exc'-*'  mediately  or  immediately  I  cannot  be  certain  at  this  distance  of 
time  as  I  am  from  home  and  can  have  recourse  to  no  books  or  papers 
there  to  refresh  my  Memory  tho  I  think  it  was  by  word  of  month  that 
his  Excellency  ordered  me  to  send  it  to  him  nor  do  I  remember  certainly 
who  it'  was  sent  by  tho  I  think  it  was  by  the  late  Attorney  Genera!  John 
Montgomery  Esq"  deceased.  The  Bond  is  not  recorded  in  the  Office 
tho  perhaps  it  may  be  recorded  at  Edenton. 

The  list  of  the  Fees  in  the  Land  Office  delivered  Mr.  M^Culloh  was  to 
the  best  of  my  knowledge  a  true  account  of  what  the  Governour  and 
Officers  took  on  Warrants  and  Grants  in  the  year  1744  as  well  as  before 
and  since  till  the  late  Fee  act  passed  which  has  made  some  alteration. 
There  were  two  Fee  acts  before  made  in  the  time  of  the  Proprietors  one 
in  1715  the  other  in  1722  by  which  together  with  several  subsequent 
Orders  of  Council  occasionally  made  as  new  branches  of  Business  were 
introduced  and  change  of  circumstances  required  the  Officers  regulated 
their  Demands  except  in  Petitions  which  were  not  always  drawn  by  the 
Clerk  and  for  which  no  provision  was  made  The  Governour's  fee  of  2° 
8*  on  a  Warrant  whether  founded  on  some  foregoing  La\v  or  Proscrip- 
tion I  cannot  say.  The  Governour's  Fees  at  that  time  were  and  are  now 
taken  (I  believe)  by  Mr.  Edward  Griffith  and  before  by  Mr.  Max- 
well and  Mr.  Hamilton  deceased. 

Whether  Mr.  M°Culloh  desired  a  Copy  of  the  Proceedings  on  his 
Petition  in  relation  to  the  large  survey  on  Pedee  or  if  the  Governour 


COLONIAL  RECORDS.  1127 


and  Council  agreed  to  his  iiaving  the  same  I  do  not  remember,  nor  do  I 
know  whether  the  Governoiir  afterwards  refused  to  affix  the  Colony  Seal 
to  the  said  papers. 

Mr.  M°Cu]Ioli  and  Cap'  Rowan  had  some  dispute  I  remember  at  the 
Council  Board  in  relation  to  the  North  East  Survey.  I  remember  Mr. 
M°Culloh  looking  over  the  minute  of  Council  of  that  day  objected  to  me 
that  the  Entry  was  not  full  and  observing  wherein  t'was  deficient.  I 
remember  I  took  down  his  observations  in  writing  but  how  they  came 
afterwards  to  be  omitted  in  the  Minutes  I  do  not  remember  but  that  they 
were  not  inserted  in  the  original  minute  was  entirely  owing  to  hurry  and 
inadvertency  not  proceeding  from  direction  or  any  manner  of  design. 

The  Petition  in  behalf  of  Mr.  Murray  Crimble  James  Huey  and 
their  associates  is  to  be  seen  on  the  Council  Journal  and  I  know  of  no 
order  thereon  but  M'hat  appears  in  the  said  Journal.  I  never  saw  any 
Report  of  the  Attorney  General  thereon  nor  do  I  know  of  any  such 
being  recorded  in  my  Office. 

I  do  not  know  that  the  Governour  ever  exerted  his  Authority  in  pre- 
venting matters  being  regularly  entered  in  the  Records. 

For  answer  hereto  I  referr  to  my  answer  to  the  4""  Interrogatory — 
Whether  I  promised  to  enter  that  Writing  in  the  Minutes,  whether  it 
was  laid  before  tiie  Council  or  how  it  came  not  to  be  entered  I  am  entirely 
ignorant.  NATH  :  RICE.  Secretary. 


The  Deposition  of  John  Rice  Gen'  taken  before  James  Hasell   Esq" 

Chief  Justice  of  the  said   Province  at  New-Bern  the  5""  day  of  April 

1750. 

To  the  1"  Interrogatory  :  Not  produced. 

To  the  2""' :  That  the  Governour  in  the  year  1744  as  well  as  he  remem- 
bers received  on  a  Warrant  for  every  hundred  acres  therein  contained 
forty  shillings  old  Bills  of  North  Carolina  which  were  equal  to  four 
shillings  sterling  being  at  Ten  for  one.  That  Mr.  Edward  Griffith  being 
then  Secretary  to  his  Excellency  received  his  Fees,  that  the  said  Griffith 
received  on  every  Warrant  Twenty  shillings  Old  Bills  equal  to  Two 
shillings  sterling  according  to  the  Exchange  aforesaid  and  for  affixing 
the  Colony  Seal  to  a  Patent  20'  equal  to  2  shillings  sterling.  That  the 
Secretary  his  Deputy  or  Clerks  received  for  every  Warrant  and  Petition 
for  the  same  40"  old  Bills  equal  to  four  shillings  sterling  and  for  every 
Patent  five  Pounds  Old  Bills  equal  to  four  shillings  sterling.  That  Mr. 
Alexander  M'Culloh  was  then  Auditor  and  receiver  for  entring  every 
Warrant  in  his  office  20'  old  Bills  equal  to  2  shillings  sterling  and  for 
enroleing  and  auditing  every  Patent  three  pounds  Old  Bills  equal  to  six 


1128  COLONIAL  RECORDS. 


Shillings  sterling.  That  the  Fees  received  by  each  and  every  Officer  as 
aforesaid  at  the  time  aforesaid  were  to  the  best  of  his  knowledge  deemed 
the  proper  Fees  as  being  so  either  in  virtue  of  a  Law  or  Laws  Order  or 
Orders  of  Council  or  usuage  and  that  there  was  no  other  LaAV  then  sub- 
sisting as  he  knows  of  but  what  from  which  the  List  of  Fees  hereto 
annexed  was  taken.  JN°  RICE. 


State  of  the  Governors  and  Officers  Fees  in  North  Carolina  for  War- 
rants for  Grants  of  Land. 


GOVERNOURS    FEES. 


For  a  Warrant  in  Proportion  to  the  Quantity  for  ) 
every  fifty  acres  J 

For  signing  a  Grant 


Procl"  Mo. 
"     2  "  0 


GOVERNOR  S    SECRETARYS    FEES. 

For  affixing  the  seal  "     2 

king's    secretary's    and    clerk    of    THE    COUNCIL    FEES. 


Petition  and  Warrant  Recording  &c  "     5 

Petition  and  Grant     13  "  4   \ 
Recording  &c  2  "  8   J 


16  "  — 


AITDITORS    FEES. 


For  Registering  the  Warrant  "     2 

For  Registering  the  Grant  "  "8 


ATTORNEY    GENERALS    FEES. 

For  examining  the  Grant  if  400  acres  or  under  "     4  "  — 

If  above  400  acres  "     6  "  8 

SURVEYOR  GENERALS  FEES. 

For  entring  the  Warrant  in  his  Books  "     2  "  8 

For  each  survey  not  exceeding  1,000"°  "   17  "  9 J 

For  every  hundred  above  1,000  "     2  "  — 

N.  B.  If  the  Warrant  and  Grant  are  for  twice  640  acres  the  Gov- 
ernonrs  Fee  of  5'  4''  Secretarys  and  Clerks  of  the  Councils  Fees  are 
double     if  Treble  that  quantity  of  Land  the  Fees  are  Treble  and  so  on. 

By  order  of  Council  in  Governour  Burrington's  time. 


COLONIAL  RECORDS.  1129 


I  hereby  certify  that  the  above  is  a  True  List  of"  Fees  as  taken  by  the 
several  Officers  of  the  Crown  above  mentioned.  N.  R. 


To  his  Excellency  Gabriel  Johnston  Esq"  (Jovernour  uf  North  Carolina 

in  Council. 

Having  received  by  Direction  of  your  Excellency  a  Copy  of  several 
Resolutions  and  Orders  of  this  Hon""  Board  dated  the  28""  day  of  June 
last  setting  forth — 

That  his  Excellency  having  int'ormeil  the  Hon"'  the  Council  that  the 
Attorney  General  in  behalf  of  the  Commissioner  of  the  Quit  Rents  had 
applied  to  his  Excellency  for  a  Copy  of  Eleazar  Allen's  Bond  and  Secu- 
rity for  the  faithful!  Execution  of  his  Office  as  receiver  General  of  this 
Province  and  having  demanded  their  opinion  and  advise — The  Rec-eiver 
General  desired  first  to  be  heard.  And  thereupon  represented  that  Henry 
M'Culloh  had  not  only  given  out  Speeches  injurious  to  his  Reputation 
with  regard  to  the  discharge  of  his  said  Office  but  had  wrote  him  a  letter 
wherein  he  charged  him  witli  defrauding  his  Majesty  which  as  the  said 
accompts  were  proved  before  his  Excellency  upon  Oath  was  indirectly 
accusing  him  of  Perjury  and  at  the  same  time  observed  that  upon  the 
like  complaint  in  a  Memorial  by  him  exhibited  to  this  Board  in  April 
174.5  the  said  Henry  M'Culloh  was  cited  to  appear  before  his  Excellency 
and  the  Council  at  their  next  meeting  to  make  good  this  charge  in  the 
aforesaid  letter  or  speaking  as  aforesaid.  And  that  he  had  hitherto  failed 
in  such  appearance  And  therefore  prayed  that  the  said  Henry  M^Cnlloh 
might  be  summoned  again  to  appear  before  this  Board  to  shew  cause  :is 
aforesaid. 

Whereupon  his  Excellency  in  Council  was  pleased  to  direct  that  the 
said  Henry  M'Culloh  do  lay  his  Commission  before  this  Board  or  an 
attested  Copy  thereof  at  their  next  meeting  as  also  his  Instructions  (if 
any  such  he  has)  whereon  to  found  a  pretention  of  this  extraordinary 
Nature.  And  that  he  fail  not  then  to  appear  to  give  in  his  answer  to 
the  aforesaid    memorial   and  Representation   of  tiie    Receiver  General. 

To  all  which  the  Commissioner  of  the  Quit  Rents  begs  leave  to  repre- 
sent. That  the  Receiver  General  by  the  Duty  of  his  Office  is  not  only 
obliged  to  swear  to  the  truth  of  his  accounts  before  his  Excellency  But 
previous  to  that  it  his  duty  to  deliver  into  the  Deputy  Auditor  a  specifick 
account  of  the  Receipts  of  his  Majestys  Quit  rents  and  when  the  Acts 
are  laid  before  the  Deputy  Auditor  for  his  Examination  the  Receiver 
General  is  to  produce  to  him  Vouchers  for  tiie  several  sums  said  to  I>e 
paid  to  such  persons  as  are  upon  tlie  Establishment  of  the  Quit  Rents 

Vol.  4— 114 


1130  COLONIAL  RECORDS. 


in  this  Province  and  it  is  his  Majesty's  pleasure  to  impower  the  Commis- 
sioner of  the  Quit  Rents  to  settle  and  adjust  proper  Orders  and  Rules  to 
be  observed  for  the  speedy  collecting  receiving  and  accomptiug  for  the 
Quit  rents  and  detecting  and  prosecuting  any  persons  concealing  or  de- 
taining the  same  And  the  Commissioner  of  the  Quit  Rents  is  further 
impowered  by  his  said  Commission  to  demand  from  any  person  or 
persons  who  shall  be  any  ways  concerned  in  any  matters  related  to  the 
Duty  of  his  Office  that  they  respectively  at  the  request  of  the  said  Henry 
M°Culloh  not  only  permit  him  or  such  as  he  shall  appoint  to  inspect  any 
accounts  entrys  or  other  papers  in  their  respective  Custodys  touching  or 
concerning  the  premises  or  any  of  them  but  that  they  do  also  from  time 
to  time  deliver  or  cause  to  be  delivered  to  him  or  such  as  he  shall  appoint 
such  attested  Copies  Notes  or  Extracts  thereof  or  any  of  them  as  he 
shall  desire  by  any  Writing  or  Writings  under  his  hand  without  any 
charge  for  the  same  and  agreeable  to  the  Powers  granted  to  the  said 
Commissioner  by  iiis  Commission  he  is  further  directed.  By  his  Maj- 
jesty's  third  Instruction  to  inspeck  and  examine  into  the  accounts  of  the 
Receivers  of  his  Majesty's  Revenues  in  Soutli  and  North  Carolina  and 
to  order  and  direct  them  to  lay  before  him  an  Account  of  all  the  Quit 
Rents  they  have  received  at  what  time  and  from  wiiom  distinguishing 
such  accounts  as  have  been  audited  from  those  that  have  not  And  in 
order  to  prove  the  truth  of  those  Accounts  the  Commissioner  of  the 
Quit  Rents  is  commanded  to  direct  the  Deputy  Auditors  in  the  said 
Provinces  to  give  him  the  particulars  of  such  Accounts  as  they  have 
audited  And  that  the  said  Henry  M°Culloh  may  be  better  able  to  in- 
form himself  what  persons  have  paid  their  Quit  Rents  and  which  of 
them  have  not  he  is  to  order  the  said  Receivers  to  lay  before  him  Copies 
or  Extracts  of  all  Receipts  that  have  been  given  for  the  payment  of 
Quit  Rents  since  1716.  and  likewise  to  exhibit  to  him  all  Books  and 
Vouchers  in  their  possession  that  belonged  to  any  former  Receivers 
And  by  his  Majesty's  17'"  Instruction  the  Commissioner  of  the  Quit 
Rents  he  is  directed  to  make  strict  Enquiry  into  the  Methods  used  in  the 
said  Provinces  in  collecting,  receiving  and  accompting  for  the  Quit  rents 
and  other  Revenues  And  in  case  the  Commissioner  of  the  Quit  rents 
finds  any  fraud,  concealment  irregularity  or  neglect  therein  He  is  to  use 
his  utmost  endeavours  for  redressing  the  same  and  to  establish  a  proper 
Method  whereby  the  same  may  be  j)revented  for  the  future  and  wiiereby 
his  Majesty's  Auditor  or  his  Deputy  may  be  enabled  more  effectually  to 
check  and  control  the  accounts  exhibited  by  the  Receiver. 

From  all  which  I  humbly  apprehend  it  will  appear  evident  that  altho 
the  Receiver  General  lias  complyed  in   part  in  swearing  to  his  accounts, 


COLONIAL  RECORDS.  il;il 


yet  he  has  not  complyod  witli  his  Duty  in  laying  thu  projjer  Vouchers 
before  the  Deputy  Auditor  Nor  in  giving  the  Commissioner  of  the  Quit 
Rents  due  satisfaction  in  producing  to  him  the  proper  vouchers  wliich  he 
is  entituled  to  demand  from  iiim  by  virtue  of  the  Powers  granted  by  iiis 
Majesty's  commission  And  that  if  tlie  Receiver  General  ap])rehends  him- 
self to  be  injured  in  iiis  character  by  such  demands  it  is  wholly  owing 
to  himself  in  not  acting  agreeable  to  his  Deputy  in  laying  the  proper 
vouchers  before  the  Deputy  Auditor  And  in  afterwards  refusing  that  sat- 
isfaction to  the  Commisioner  of  the  Quit  Rents  which  he  is  intituled  to 
by  his  Commission. 

The  Letter  that  the  Receiver  General  refers  to  is  nut  in  the  words  nor 
to  the  effect  he  has  set  forth  in  his  last  Memorial  but  is  as  follows,  viz' 

lu  looking  over  your  last  account  of  Quit  rents  I  find  you  have  only 
credited  the  Crown  for  £412:  3:  3|  .sterling  for  the  need  proceeds  of 
Tobacco  Deer-skins  and  Beeswax  received  in  the  several  precincts  in 
Albemarle  CV)unty  in'  ])ursuance  of  the  late  Quit  rent  Law  as  I  appre- 
hend you  have  pa.ssed  receipts  upon  the  Receipt  of  those  Commodities 
for  near  double  the  sum  which  is  brought  to  the  Credit  of  his  Majestys 
account  current.  I  am  to  desire  that  you  will  transmit  to  me  a  particu- 
lar account  of  the  different  species  of  goods  that  you  received  in  pay- 
ment of  Quit  rents  and  in  what  manner  the  loss  arose  thereupon. 

The  inferreuces  which  the  Receiver  General  is  pleased  to  draw  from 
my  writing  him  this  letter  is  not  to  deter  or  freighten  me  from  acting  in 
my  duty  agreeable  to  his  Majesty's  commands.  And  I  apprehend  it  to 
be  my  duty  to  persi.st  in  his  laying  a  state  of  those  accounts  before  me 
and  also  in  producing  vouchers  for  the  £700  sterling  said  to  be  paid  to 
the  Auditor  General  and  for  the  £279 :  1 5 :  9  sterling  .said  to  be  paid  to 
William  Maxwell  as  Deputy  Auditor  and  £204:  10:  7^  sterling  said  to 
be  paid  to  Mr.  Maxwell  as  Assistant  Receiver  and  £306 :  7 :  9f  .sterling 
said  to  be  paid  to  the  Deputy  Auditors  since  Mr.  Maxwell's  decease. 
And  that  the  Receiver  General  informs  me  by  virtue  of  what  power  or 
authority  it  is  that  he  has  charged  the  Crown  with  £200  Proc'  money  as 
an  allowance  for  a  Clark  And  as  the  Receiver  General  has  alisolutely 
denied  to  lay  a  .state  of  his  accounts  before  me  I  apprehend  it  to  be  my 
duty  agreeable  to  the  Directions  given  in  my  commission  to  order  the 
Attorney  General  to  prosecute  the  Receiver  General  in  order  to  bring 
him  to  an  account  and  without  I  am  permitted  this  Liberty  it  is  in  fact 
suspending  me  from  the  Exercise  of  the  Duty  of  my  Commission  as  it 
would  be  impossible  for  me  to  detect  any  Irregularity  or  other  errors  jn 
his  accounts  (when  at  the  same  time  the  Receiver  General  will  not  com- 
ply in  laying  them  liefore  me)  other  than  ])rocecdings  by  due  course  of 
Law. 


Ii;i2  COLONIAL  RECORDS. 


The  Memorial  sairl  to  be  exliibited  by  the  Receiver  General  to  this 
Honourable  Board  in  April  1745  I  never  have  been  served  with  any 
Copy  of  it  nor  was  I  ever  informed  until  this  last  order  of  the  28"'  of 
June  That  your  Excellency  had  given  any  orders  thereupon  And  I  beg 
leave  further  to  oljserve  that  in  this  last  order  of  the  28""  June  wherein 
there  is  mention  made  of  six  Members  of  his  Majesties  Council  being 
present.  That  three  of  the  said  Members  are  parties  to  the  bond  in  ques- 
tion. 

That  my  C'ommission  has  been  on  Record  in  the  Secretary's  Office 
ever  since  I  was  sworn  into  my  Office  and  that  the  Secretary's  Office 
being  the  Office  of  this  Board  is  to  be  deemed  as  proper  Notice  for  this 
Hon'''''  Board  of  the  Powers  vested  in  me  by  his  Majesty's  said  Commis- 
sion. That  the  Secretary  had  it  also  in  charge  from  me  to  record  his 
Majesty's  2.  3.  15.  10.  and  17  Instructions  to  the  Commissioner  of  the 
Quit  rents  and  that  Mr.  Fox  by  the  Secretary's  ordei'  took  them  out  of 
the  original  Instructions  accordingly.  And  that  the  Receiver  General  has 
I'ead  those  original  Instructions  Yet  nevertheless  as  the  Secretary  keeps 
his  Office  in  differents  parts  of  this  Province.  And  that  the  Copy  of  my 
C'oinmission  may  not  be  at  hand  in  order  therefore  to  give  all  due  satis- 
faction to  this  Hon'''''  Board  my  commission  and  Instructions  shall  be 
laid  Iw'fore  you. 

Tliat  altlio  the  Commissioner  of  the  Quit  rents  would  upon  all  occa- 
sions pay  the  greatest  Deference  and  Respect  to  the  Resolutions  and 
Orders  of  the  Hon'"''  Board  in  any  matter  that  was  cognizable  by  the 
Board,  Yet  having  considered  the  Tendency  of  yoiu-  last  Resolution  in 
calling  upon  me  to  answer  to  the  Receiver  General's  Memorial  and  that 
such  a  ])roceeding  as  I  humbly  apprehend  will  in  a  great  measure  defeat 
lii.s  Majesty's  Intentions  declared  in  his  Royal  CVimmission  and  Instruc- 
tiiins  and  that  it  is  not  consistent  with  my  duty  to  his  Majesty  Nor  with 
till'  Trusts  rcpiised  in  nic  by  my  Commission  to  bring  a  Precedent  of 
this  Nature  into  Practice. 

I  humbly  conceive  that  in  Duty  to  iiis  Majesty  and  support  of  my 
own  Powers  I  am  under  an  inilispensable  necessity  to  decline  the  Juris- 
diction of  this  Hon*"'"  Board  and  I  do  hereby  luunhly  insist  tliat  the 
Commissioner  of  tlic  Quit  Rents  is  not  ameanable  to  the  Hon'''"  Board 
for  anything  he  has  done  or  shall  do  agreeable  to  or  in  pm-suance  of  his 
Majesty's  said  Cominission  in  the  Execution  of  his  said  Office  but  is 
only  ameanable  and  accountable  for  the  same  before  his  Majesty.  The 
Right  Hon''''  the  Lords  Commissioners  of  his  Majesty's  Treasury  and 
the  Rio'ht  H<iii'''°  the  Lords  Commissioners  for  Trade  and  Plantation. 


COLONIAL  RECORDS.  11. S3 


All  which  Matters  and  things  the  said  Commissioner  insists   ii|)oii  hy 
way  of  Plea  in  Bar  to  the  Jurisdiction  of  this  Hon"'  Board — And  fnr- 
ther  humbly  insists  that  this   Representation   and   the  Proceedings  liad 
thereupon  he  entered  at  large  in  the  Minuet  of  Council. 
I  am  with  greatest  submission 

Your  Excel"^"  most  obedient  &  most  hum'"'''  serv' 

HENRY  M'CULLOH. 


Copy  of  His  Majesty's  15""  &  16*  Instructions  given   in  charge  to  (lie 

Commissioner  of  the  Quit  rents. 

The  15'"  Instruction 

And  whereas  many  Inconveniences  have  arisen  from  the  want  of  a 
proper  Regulation  in  the  Land  Offices  in  our  said  two  Provinces  of 
South  and  North  Carolina  in  which  they  are  expressly  enjoined  not  to 
grant  any  more  Lands  than  in  the  Proportion  of  Fifty  Acres  to  ca<h 
person  in  the  Grantees  Family  which  number  it  was  our  Royal  Inten- 
tion should  have  been  seated  and  cultivated  by  the  Persons  for  whom  the 
same  were  so  granted.  In  relation  to  which  we  are  given  to  understand 
that  in  many  Instances  our  onlers  have  been  evaded  for  i-emedy  thereof 
we  are  therefore  graciously  pleased  to  declare  that  it  is  our  Royal  Will 
and  Pleasure  that  all  Persons  petitioning  for  Lands  shall  previous  to 
their  obtaining  a  Warrant  thereupon  prove  their  Rights  U>  such  Land 
before  the  Governour  and  Council  when  at  least  four  Members  of  the 
Council  shall  be  present  not  having  any  concern  or  Interest  in  the  Lands 
petitioned  for  and  that  if  the  Lands  so  petitioned  for  are  granted  accord- 
ingly in  such  case  the  Warrants  for  granting  the  same  be  thereupon 
drawn  up  and  signed  by  our  said  Goveaiour  in  Council  and  made 
returnable  by  the  Surveyor  within  Twelve  months  at  farthest  from  the 
dates  thereof  and  a  particular  description  of  the  Lands  so  petitioned  for 
be  incerted  in  the  Warrants  and  that  before  the  Warrants  shall  lie 
delivered  to  the  Surveyor  a  Doquet  thereof  be  entred  in  the  Anditoi'is 
Office  there  and  that  in  Default  of  any  of  the  said  particulars  Ijcing 
observed  the  said  Grants  shall  be  void. 

And  we  do  farther  declare  it  to  be  our  Royal  Will  and  Pleasure  that 
when  the  Warrants  shall  be  returned  agreeably  to  the  Directions  con- 
tained in  our  aforegoing  Instruction  the  Grants  shall  be  made  out  in  due 
form  and  that  the  Forms  and  Conditions  on  which  such  Warrants  issued 
and  the  Lands  were  surveyed  be  particularly  and  expressly  mentioned  in 
the  respective  Grants  and  that  the  said  Grants  shall  be  registered  within 
six  months  from  the  Dates  thereof  in  our  Secretary's  Office  thereof  also 
to  be  entered  in  our  Auditors  Office  there  or  in  Default  thereof  su'h 


1134  COLONIAL  RECOKDS. 


Grants  shall  be  void  :  Copies  of.  all  M'hicli  Entries  our  Pleasure  is  shall 
be  returned  regularly  home  by  the  proper  Ofificers  to  the  Commissioners 
of  our  Treasury  or  our  Commissioners  for  Trade  and  Plantations  within 
Twelve  months  from  the  date  thereof. 

To   Nathaniel    Rice   Esq''"   See''^  of    his   Majesty's   Province   of   North 

Carolina. 
Sir 

In  obedience  to  his  Majesty's  Commands  yciu  are  hereby  required 
Strictly  to  observe  the  metlu)d  and  form  prescribed  in  the  above  Instruc- 
tions in  making  out  of  all  Warrants  and  Grants  for  the  future.  Having 
at  the  same  time  a  due  regard  to  tiie  Resolution  entered  into  by  his 
Majesty's  Governor  and  Council  of  this  Province,  Dated  the  25*  day  of 
September  1741. 

I  am  Sir,  &c.,  HENRY  M^CULLOH. 

^O*  Septeml)er  1 744. 


To  his  Excellency  Gabriel  Johnston  Esq'' 

In  my  letter  of  March  1742  I  took  the  Liberty  to  represent  to  your 
Excellency  that  the  Method  and  form  observed  in  the  issuing  of  Grants 
were  not  conformable  to  his  Majesty's  Instructions  on  that  head;  And 
therefore  praj'ed  that  your  Excellency  for  the  future  would  take  effectual 
care  that  no  Grants  should  pass  where  the  Warrants  were  not  issued 
and  the  Grants  made  out  agreableto  his  Majesty's  Intentions  signified  by 
his  15*  and  IG*  Instructions  to  me  Copy  of  which  has  been  also  trans- 
mitted to  your  Excellency. 

His  Majesty  in  the  said  ITistruction  is  also  pleased  to  declare,  That  by 
his  Instructions  to  his  Governors  they  were  enjoined  not  to  grant  any 
more  Lands  than  in  proportion  to  Fifty  acres  to  every  person  in  the 
Grantee's  Family  and  that  it  was  his  Royal  Intention  that  the  Lands 
should  be  settled  and  cultivated  by  the  persons  for  whom  the  same  were 
so  granted. 

Before  your  Excellency  received  the  above  Instructions  you  were 
pleased  for  the  most  part  to  issue  Warrants  for  Lands  without  the  Par- 
ties having  first  proved  their  Rights  to  take  up  Land  under  his  Majesty's 
Instructions  And  since  the  time  you  have  been  pleased  to  vary  this  form 
And  that  the  Parties  swear  to  what  they  Term  their  Rights,  they  are 
not  obliged  to  declare  whether  they  have  not  had  Grants  made  out  to 
them  under  his  Majesty's  Instructions  to  the  full  amount  of  what  they 
have  a  Right  to  claim  by  virtue  of  the  Num.ber  of  persons  contained  in 
their  family  nor  are  they  obliged  to  give  any  proof  of  their  having  set- 


COLONIAL  RECORDS.  1135 


tied  and  cultivated  or  paid  Quit  Rents  for  the  Lands  formerly  granted 
to  them,  so  that  tlie  present  method  of  issuing  Warrants  and  Grants  is 
so  far  from  being  a  restraint  upon  such  as  have  not  complied  with  the 
conditions  of  their  former  Grants  that  it  gives  them  an  opportunity  to 
claim  double  the  quantity  of  lands  they  are  entituled  to,  and  the  Grants 
not  being  made  out  agreable  to  the  directions  given  by  his  Majesty's 
Instructions  naturally  raises  an  opposition  to  every  measure  that  can  be 
proposed  for  tlie  Settlement  of  the  Lands  and  for  regulating  and  ascer- 
taining the  Revenues  of  the  Crown.  His  Majesty  has  been  pleased  by 
his  Commission  and  the  Instructions  to  which  the  same  relate  to  grant 
unto  me  full  power  to  inspect  and  enquire  into  the  present  Method  of 
passing  of  Grants  through  the  several  Offices  in  this  Province  and  to  set- 
tle and  regulate  the  same  in  such  manner  as  the  Royal  Intention  declared 
in  his  Majesty's  Instructions  to  his  Governours  may  be  most  effectually 
answered. 

Which  I  humbly  conceive  cannot  be  complyed  with — as  his  Majesty's 
Instructions  are  not  observed  in  the  first  Instance  and  that  there  is  no 
regular  stated  place  for  the  Officers  of  the  Crown  to  reside  in  in  order  to 
attend  the  respective  duties  of  their  Office  and  also  that  there  is  not 
proper  Officers  appointed  to  form  a  Court  of  Exchequer  nor  seldom  (not 
even  for  years  together)  any  Court  of  Chancery  held  to  enable  the  Crown 
to  recover  its  just  Rights  or  to  enforce  the  Settlements  of  the  Lands 
agreable  to  the  conditions  contained  in  the  Grants. 

I  am  informed  it  has  been  represented  that  from  the  Restrainmeiits 
that  have  been  laid  upon  the  Land  Office  it  must  necessarily  prevent 
the  Settlement  of  this  Provinc^But  from  what  cause  I  cannot  compre- 
hend as  the  quantity  of  Land  which  his  Majesty  has  been  graciously 
pleased  to  allow  every  person  who  wants  to  become  an  Inhabitant  of 
this  Province  is  more  than  what  they  can  be  reasonably  supposed  to  cul- 
tivate. And  I  humbly  conceive  that  it  cannot  be  presumed  with  the 
least  colour  of  reason  that  the  granting  of  Lands  to  such  as  neither 
have  nor  shew  the  least  inclination  to  settle  cultivate  or  pay  Quit  Rents 
for  the  same  can  be  of  any  advantage  to  the  Crown  or  to  the  publick. 

I  have  always  had  the  greatest  inclination  to  encourage  such  as  were 
willing  to  form  new  Settlements  in  this  Province  and  would  contribute 
all  in  my  power  to  assist  them  therein  as  I  am  sensible  of  the  great 
Expence  and  Trouble  (and  also  of  the  Publick  advantages)  that  attends 
the  same.  But  it  cannot  be  inferred  from  thence  that  his  Majesty's 
Land  ought  to  be  disposed  of  to  such  as  do  not  shew  the  least  disposi- 
tion to  comply  with  the  Conditions  of  their  former  Grants  or  pay  the 
Quit  Rents  that  are  justly  due  therefrom     Your  Excellency  since  your 


1136  COLONIAL  RECOEDS. 


arrival  in  this  Province  has  granted  Lands  to  the  amount  of  1047000 
acres  which  at  the  Quit  Rents  reserved  to  the  crown  amount  to  £2094 
Proclamation  Money  independent  of  the  Grants  formerly  issued  under 
the  late  Lords  Proprietors  and  tho  such  as  have  taken  out  those  Grants 
can  have  no  reasonable  plea  against  the  payment  of  the  Quit  Rents  nor 
can  the  Crown  have  any  want  of  the  aid  of  a  Quit  rent  Law  to  enforce 
the  payment  of  the  same;  yet  it  will  appear  by  the  Receiver  General's 
Books  that  such  as  have  Grants  immediately  derived  under  the  Crown 
have  not  hitherto  paid  to  the  amount  of  £500  sterl :  '^  ann :  I  need  not 
explain  to  your  Excellency  the  Motives  that  induces  the  Inhabitants  of 
Albemarle  County  not  to  pay  their  Quit  rents  And  also  the  reason  of 
their  being  so  very  urgent  at  present  to  take  out  Grants  for  Lands. 
There  can  be  no  objection  to  such  as  are  new  Settlers  having  Grants  in 
pursuance  to  his  Majesty's  Instructions  But  such  as  have  not  complied 
with  the  conditions  of  their  former  Grants  in  my  humble  opinion  are 
not  in  the  least  eutituled  to  any  favour  of  that  nature.  And  at  this 
Juncture  I  apprehend  that  the  issuing  of  Grants  to  the  Inhabitants  of 
Albemarle  County  without  strictly  observing  the  Rules  prescribed  by 
his  Majesty  may  be  greatly  prejudicial  to  my  Lord  Carteret's  Interest. 
Provided  that  iiis  Majesty  is  pleased  tp  grant  to  his  Lordship  Albemarle 
County  in  consideration  out  of  his  Lordships  Eighth  part  of  the  Prov- 
ince of  North  and  South  Carolina. 

I  intended  to   have  waited  on   your  Excellency  but  my  ill   state  of 
health  prevents  me,  therefore  I  apprehend  it  to  be  my  duty  humbly  to 
oifer  to  your  consideration  tlie  several  matters  I  have  above  hinted  at. 
I  am  &c: 

Wilmington  12*  July  1743. 
(Copy.) 

I  believe  this  to  be  a  true  Copy.  W"  HOUSTON. 


The  Deposition  of  Doctor  William  Houston  of  full  age  being  sworn 
on  the  Holy  Evangelist  to  the  first  Interrogatory  says  that  he  wrote  the 
Original  by  Henry  M°Culloh  Esq"  Memorialist's  order  and  believes  that 
Alex"^  M°Culloh  the  Auditor  had  it  to  deliver  to  his  Excell"^  Gabriel 
Johnston  Esq"  Gov'  as  to  the  purport  of  the  said  Letter  he  referrs  to  a 
Copy  thereof  hereunto  annexed  and  signed  by  him  and  believes  the  same 
to  be  a  true  Copy. 

The  Deponent  to  the  second  Interrogatory  swears  that  he  had  a  certain 
paper  or  agreement  signed  by  Mathew  Rowan  Esq"  and  he  proved  the 
same  before  Rufus  Marsden  Notary  Publick  at  Wilmington  in  May 
1744  which  agreement  was  in  the  words  following  to  wit    Whereas  his 


COLONIAL  RECORDS.  1]37 


Excellency  Gabriel  Johnston  Esq"  Govcrnour  of  liis  Majesty's  Province 
of  Nortli  Carolina  hath  appointed  nie  Snrveyor  General  of  the  said 
Province  I  do  hereby  promise  to  be  acconntable  upon  demand  for  all  the 
Fees  and  Profits  that  shall  arise  or  become  due  on  the  return  of  War- 
rants and  to  pay  to  Cap'  Samuel  Woodard  of  the  said  Province  one 
Moiety  or  half  of  said  Fees  when  I  receive  it  and  one  half  of  the  Salary 
when  received  as  Witness  my  hand  and  seal  this  fourth  day  of  March 
1731 

Signed  MATH.  ROWAN.  (X) 

And  witnessed  W"  HOUSTON. 

Atchison  Rowax 

John  White. 


Mr.  M^CulIoh's  reply  to  the  Answer  given  by  Governor  Johnston  to  the 
several  xVrticlcs  of  Complaint  contained  in  Mr.  M°Culloh's  Memorial. 
To  the  Right  Honourable  the  Lords  Commissioners  for  Trade  and  Plan- 
tation. 
May  it  pi.kase  yot^r  Lordships, 

On  the  hearing  of  the  former  part  of  this  Complaint,  I  have  endeav- 
oured to  demonstrate  that  the  Governour  hath  used  every  art  &  contriv- 
ance, to  stifle  all  information  to  your  Lordships,  to  disguise  facts  and  if 
possible  to  divert  and  draw  j^our  Lordships  attention  to  an  other  object 
by  artfully  contriving  several  charges  against  your  Memorialist,  in  mat- 
ters for  which  (as  he  humbly  conceives)  he  is  not  in  the  least  responsible. 
Therefore  the  better  to  explain  the  nature  and  true  design  of  the  said 
Governor's  proceedings  and  to  follow  him  through  all  his  intricacies 
and  mazes,  and  also  to  show  that  the  whole  of  what  he  hath  set  forth  in 
his  answer  is  grounded  upon  wrong  principles,  and  supported  by  evidences 
purposely  contrived  and  framed  to  give  a  colourable  pretence  to  his  plea 
I  conceive  it  to  be  a  duty  incumbent  on  your  Memorialist,  humbly  to 
offer  to  your  Lordship's  consideration  several  remarks  on  the  evidence 
transmitted  by  the  said  Governor  to  your  Lordships  and  afterwards  to 
demonstrate  that  the  evidences  transmitted  by  him,  do  not  in  the  least 
justify  or  excuse  him  from  the  charges  in  the  said  complaint,  nor  that 
he  hath  been  able  (notwithstanding  his  utmost  endeavours  and  efforts  to 
vilify  and  asperse  your  Memorialist)  to  produce  one  single  evidence  in 
support  of  the  many  heavy  charges  he  hath  brought  against  your  Memo- 
rialist. 

It  is  impossible  for  any  person  however  innocent,  to  guard  against  the 
force  of  malice  or  detraction  but  in  all  such  cases,  false  and  virulent 
charges,  will  revert  back  upon  the  first  author  or  contrivers  of  them,  in 


1138  COLONIAL  RECORDS. 


case  there  be  not  proper  evidences  to  support  the  same,  or  that  undue 
methods  be  taken  in  leading  and  preparing  the  Evidences.  Tiierefbre 
your  Memorialist  humbly  submits  to  your  Lordships  consideration  the 
following  remarks  on  the  said  Governor's  proofs,  viz. 

The  evidence  given  by  John  Rice  Deputy  Secretary  is  conceived  to  be 
evasive.as  he  seldom  or  ever  draws  petitions  for  warrants  of  Lands,  his 
saying  that  he  hath  prepared  all  such  Petitions  as  he  hath  drawn  agrea- 
ble  to  the  form  annexed  to  his  said  Evidence  proves  nothing,  and  he  also 
equivocates  grossly  in  what  he  says  relating  to  the  Instructions  No.  1 
and  2. 

His  Father  keeps  one  of  the  Secretary's  Offices  in  his  own  house  near 
Brunswick,  a  second  office  is  kept  in  Edenton,  a  third  in  Newbern  &  a 
fourth  in  Edgcomb  County,  So  that  John  Rice  only  swears  that  the  said 
Instructions  are  the  sole  Instructions  recorded  in  the  office  in  Newberu, 
although  he  well  knew  that  he  had  taken  Copies  of  seventeen  of  His 
Majesty's  Instructions  to  your  Memorialist  and  entered  them  in  tlie  Sec- 
retary's Office  near  Brunswick,  besides  the  form  of  tlie  warrant  by  him 
referred  to  is'not  in  any  respect  agreable  to  His  Majestie's  Instruction, 
as  the  rights  proved  ought  to  be  specified  in  the  warrant. 

Edward  Griffith  swears  that  he  acted  as  the  said  Governor's  Secretary 
for  eight  years,  although  he  constantly  resides  near  one  hundred  miles 
from  him  and  one  Mr.  Lovick  who  lives  with  the  said  Governor  hath 
always  been  deemed  the  Governor's  Secretary,  but  admitting  the  fact  to 
be  as  Mr.  Griffith  represents  it,  what  motive  could  the  said  Gov'  have  to 
leave  blauk  patents  with  his  Secretary  when  by  his  Majestie's  Instruc- 
tions he  is  expressly  enjoined  to  authenticate  the  same  in  Council,  or  can 
it  be  deemed  any  apology  for  the  said  Governor  if  he  really  had  been  in 
a  hurry  to  do  an  illegal  act  contrary  to  all  the  forms  of  business  and  in 
contempt  of  His  Majestie's  Instructions,  it  is  said  indeed  to  be  the  first 
time  of  the  said  Governor's  having  doue  so,  but  this  is  a  common  pre- 
tence in  all  cases  wherein  persons  act  contrary  to  tiieir  duty  yet  it  is  de- 
monstrable from  the  evidences  which  have  been  read  to  your  Lordships 
that  the  said  Governor  made  a  common  practice  of  issuing  blank  war- 
rants and  Grants,  which  in  many  respects  may  be  fatal  to  his  Majestie's 
Subjects  in  the  said  Colony. 

Mathew  Rowan,  Esq"  being  interrogated  by  the  said  Governor 
wliether  he  knew  of  any  agreement  between  the  said  Governor  and  Cap- 
tain Woodward  when  the  said  Rowan  received  His  Majestie's  warrant 
for  twelve  hundred  thousand  acres  of  Land,  gives  an  evasive  answer, 
saying  that  he  doth  not  know  of  any  Agreement  whatsoever,  both  the 
question  and  the  answer  are  wrong,  for  the  said  Govei'nor  is  charged  with 


COLONIAL  RECORDS.  1139 


having  entered  into  an  agreement  with  the  said  Rowan  to  pay  the  moiety 
of  his  Salary  and  Fees  into  Captain  Woodward's  hands,  but  he  is  not 
charged  with  having  entered  into  any  agreement  with  Woodward,  how- 
ever the  said  Rowan  must  have  known  of  the  said  Agreement  as  the 
original  paper  signed  by  him  hath  been  proved  and  evidence  thereof 
transmitted  to  your  Lordships. 

John  Sampson  Esq"  swears  that  he  was  Sheriff  of  the  County  when 
Mathew  Rowan  Esq"  took  out  an  action  against  Mr.  Henry  M'^Culloh 
and  that  he  never  knew  or  heard  that  the  said  Henry  M'Culioh  was  in 
i'lose  confinement,  but  on  the  confrary  tiiat  he  was  always  at  large  to  go 
into  what  part  of  the  Province  he  thought  proper.  It  is  not  charged  in 
the  Petition  of  complaint  that  your  Memorialist  ever  was  in  close  con- 
finement i)ut  that  he  was  in  the  Custody  of  the  Sheriff  for  upwards  of 
eighteen  months,  Mr.  Sampson  would  have  done  well  to  have  expressed 
from  what  motive  the  said  Henry  M'Culloh  had  the  liberty  of  going 
into  any  part  of  the  Province  he  thought  proper. 

What  the  said  Governor  transmits  as  his  5""  Voucher  is  an  Evidence 
of  his  own  framing  curtailed  and  parcelled  from  other  papers  which  were 
formerly  sent  to  him,  and  although  he  untruly  represents  in  his  said 
Answer  to  your  Memorialists  Petition  of  Complaint,  that  the  said  Paper 
was  upon  record  yet  in  truth  it  never  was  or  could  be  so  in  the  shape  he 
sent  it,  and  accordingly  the  Secretary  hath  not  certified  the  said  paper. 

The  said  Governor  affixing  the  seal  of  the  Colony  to  the  Copy  of  any 
Paper  said  to  be  sent  to  him  whicli  is  neither  proved  nor  authenticated  in 
any  shape  whatsoever,  cannot  make  that  an  evidence  which  was  not  so 
before,  nor  as  humbly  conceived  can  such  a  pajier  be  read  in  evidence 
consistent  with  the"  practise  in  business,  as  it  would  break  in  upon  all 
the  rules  of  office,  besides  what  he  would  infer  from  the  said  paper  is 
fully  and  plainly  contradicted  by  every  step  taken  by  the  said  Gov'  and 
your  Mem'  previous  to  and  at  the  time  of  making  out  the  Grants  as 
may  more  fully  appear  by  the  Copy  of  a  Memorial  delivered  to  the  said 
Gov'  in  174|^,  and  by  the  said  Governor's  declaration  and  Order  thereon 
to  the  Attorney  General — And  although  the  said  Governor  hath  pre- 
vented the  Secretary  from  transmitting  the  said  Memorial,  yet  the  origi- 
nal is  now  present,  ready  to  be  produced  to  your  Lordships,  and  the  said 
Governor's  hand  writing  thereto  can  (if  required)  be  proved. 

The  sixth  Voucher  transmitted-  by  the  said  Governor  to  your  Lord- 
ships is  a  Copy  of  Mr.  Allen's  representation  to  the  said  Governor  and 
Council  at  New  Bern  the  6""  day  of  April  1745.  Wherein  your  Memo- 
rialist is  called  upon  to  answer  before  the  said  Governor  and  Council  for 
doing  an  Act  strictly  conformable  to  his  duty,  and  in  obedience  to  his 
Majestie's  instructions. 


1140  COLONIAL  RECORDS. 


If  an  Officer  doth  anything  unreasonable  or  unwarrantable  he  is  cer- 
tainly in  many  Cases  answerable  to  the  Governor  for  his  conduct,  but  to 
call  an  Officer  upon  his  Trial  for  doing  that  which  he  is  directed  to  do 
by  his  Majesty  can  have  no  other  tendency  than  to  obstruct  him  in  the 
due  execution  of  his  Office. 

Your  Memorialist  begs  leave  further  to  remark  that  although  it  is  said 
there  was  an  order  to  the  Secretary  for  him  to  have  notice  to  attend,  yet 
he  never  was  served  with  any  such  notice  nor  ever  had  the  leaSt  intima- 
tion of  the  said  representation  until  October  or  November  1746.  And 
as  this  was  charged  in  your  Memorialist's  Representation  delivered  to 
the  said  Governor  in  Council  in  November  1746  the  Secretary  ought  to 
have  given  proof  of  the  said  service  (if  any  such  had  been)  which  he 
hath  not  done  in  the  papers  transmitted  to  your  Lordships. 

The  seventh  Voucher  transmitted  by  the  said  Governor  to  your  Lord- 
ships is  Mr.  Allen's  Memorial  to  the  said  Governor  in  Council  dated  the 
28""  June  1746.  Whereby  he  endeavours  to  prevent  your  Memorialist 
from  examining  into  the  state  of  his  accounts  and  insinuates  as  if  his 
Accounts  had  been  regularly  audited  and  passed,  although  he  never  had 
one  account  regnlarly  audited  or  passed  from  the  year  1736  until  the  day 
of  his  death. 

The  said  Governor  &  Council  (three  of  whom  were  Parties  to  the 
bond  in  question)  taking  the  said  Memorial  into  consideration  called  upon 
the  Attorney  General  and  censured  him  for  aj)p]ying  to  the  said  Governor 
for  the  Receiver  General's  bond  and  thereby  silenced  the  said  Attorney 
General  on  that  head.  And  further  to  intimidate  your  Mem'  and  call  him 
upon  his  trial  for  acting  agreable  to  His  Majesty's  Instructions  he  is 
ordered  to  appear  and  answer  for  his  conduct  at  the  then  next  Council  to 
be  held  at  Wilmington  in  November  1746. 

It  is  very  observable  that  when  the  said  Bond  for  four  thousand  pounds 
sterling  was  applied  for  to  the  said  Governor  the  Attorney  General  was 
then  censured  for  not  taking  a  Copy  thereof  out  of  the  Secretary's  Office, 
but  since  Mr.  Alien's  death  the  said  Secretary  says  in  answer  to  his  first 
Interrogatory  that  the  said  Bond  of  four  thousand  pounds  was  not  upon 
record  in  his  said  office  and  that  he  sent  the  Original  to  tlie  said  Governor 
who  now  affirms  that  he  hath  not  the  Original  so  that  the  said  Governor 
and  Council  formerly  stifled  all  enquiry  into  the  receiver's  Accounts  and 
now  he  is  dead  the  said  bond  of  four  thousand  pounds  is  not  to  be  found 
or  the  Copy  thereof  on  record  so  as  to  give  any  remedy  to  the  Crown 
against  the  said  receivers  Securities. 

On  examining  into  Joseph  Anderson  Esq'"  Deposition  it  will  (as 
humbly  conceived)  appear  evident  to  your  Lordships  that  both  he  and 


COLONIAL  RECORDS.  1141 


tlie  said  Governor  combined  to  dispense  with  the  Laws  and  to  saerifice 
Mr.  Lithgow  to  the  said  Governor's  private  views  and  motives  of  interest 
in  supporting  Mr.  Rioc  tlie  Secretary  and  Roger  Moore  one  of  the  Council 
in  such  extraordinary  and  unheard  of  Acts  of  Violence  as  they  had  been 
guilty  of  against  the  said  Lithgow. 

The  said  Governor's  Plea  of  his  being  ignorant  of  the  Law,  and  of 
his  acting  agreable  to  the  advice  of  the  Attorne}'  General  is  a  common 
and  stale  pretence  and  cannot  serve  him  in  the  present  case,  as  the  nujst 
ignorant  man  in  the  Colony  if  endowed  with  an  honest  heart  must  be 
shocked  at  such  arbitraiy  and  cruel  proceedings. 

In  the  Interrogatories  exhibited  to  the  Deputy  Auditor  in  behalf  of 
the  said  Governor  and  by  him  referred  to  in  his  eighth  Voucher  he  hath 
used  all  the  finesse  in  his  power  and  endeavoured  to  draw  the  Deputy 
Auditor  into  a  snare  in  even  accusing  himself  of  things  whereof  he  had 
not  any  knowledge,  and  to  cover  this  design,  he  never  served  the  Deputy 
Auditor  or  your  Meniorialist's  Agent  with  a  Copy  of  what  he  intended 
to  transmit  as  a  rent  roll,  or  with  a  Copy  of  his  Answer  to  your  Memo- 
rialist's Complaint,  so  as  to  enable  them  to  expose  that  gross  Deception 
he  hath  attempted  in  sending  an  imperfect  Copy  of  the  records  to  your 
Lordships. 

The  rent  roll  transmitted  to  the  Auditor  General  by  his  said  Deputy 
will  fully  demonstrate  the  said  Governor's  unfair  Proceedings  and  like- 
wise shew  that  the  said  rent  roll  is  considerably  more  than  the  Establish- 
ment of  the  Officers'  Salary  in  the  said  Province  in  case  the  said  Gov- 
ernor had  not  screened  or  protected  the  receiver  in  not  delivering  a  full 
and  just  account  of  the  receipts  of  His  Majesty's  revenue  of  Quit  rents. 

That  the  said  Deputy  Auditor  was  often  at  a  loss  in  returning  yearly 
to  the  Receiver  an  Account  of  the  Grants  issued,  was  entirely  owing  to 
the  said  Governor's  irregular  method  of  proceeding  in  issuing  blank 
warrants  &  Grants  contrary  to  all  the  forms  of  Law  and  Justice  and 
contrary  to  His  Majesty's  Instructions  on  that  head. 

The  Evidence  of  Samuel  Swann  Esq"  at  the  instance  of  the  said 
Governor  and  in  behalf  of  Enoch  Hall  Esq"  the  chief  Justice,  is  of  a 
very  extraordinary  nature  and  shows  what  some  Gentlemen  even  of 
Character  and  fortune  may  be  brought  to  by  the  influence  of  a  Governor, 
he  deposeth  that  your  Mem'  had  a  fair  &  impartial  Trial  in  the  suits 
depending  between  Mathew  Rowan  Esq"  and  your  Memorialist  but  if 
anything  is  meant  or  can  be  reasonably  understood  from  the  said  Dejio- 
sition  it  must  be  that  the  Jury  acted  impartially  in  acquitting  your 
Mem'  and  yet  (as  humbly  conceived)  it  never  can  be  understood  with 
any  colour  of  reason   to  mean  that  the  Chief  Justice  acted   fairly  and 


1142  COLONIAL  RECORDS. 


impartially  iu  insisting  on  any  Persons  betraying  the  private  conversa- 
tion of  his  friend  or  that^ny  Jury  could  consistently  with  Law  or  reason 
permit  the  Postcript  of  a  letter  to  be  given  in  evidence  without  pro- 
ducing the  letter  in  court  or  even  alledging  that  the  same  was  lost. 
However  the  said  Evidence  is  transmitted  only  as  an  opinion  &  no  way 
contradictory  to  the  Evidences  given  in  your  Mem"'  behalf  on  that 
head. 

Having  remarked  on  the  several  Evidences  transmitted  to  y<iur  Lord- 
ships by  the  said  Governor  your  Mem'  in  all  humble  manner  conceives 
that  there  is  not  anything  contained  therein  which  can  in  the  least  defend 
or  justify  the  Governor's  Conduct  or  impeach  and  lessen  the  Credit  of 
the  Evidences  transmitted  to  your  Ijordships  in  support  of  your  Mem"' 
Petition  of  Complaint,  but  on  the  other  hand  considering  the  great  power 
and  influence  of  the  said  Governor  and  that  he  hath. the  records  in  a 
great  measure  under  his  own  power  and  direction,  the  Lawyers  and 
attorneys  of  the  Court  depending  on  him  for  their  Licences  to  plead  or 
act,  and  also  that  he  lately  hath  new  modelled  the  whole  of  the  Magis- 
trates in  the  said  Province,  it  is  matter  of  surprise  that  the  evidences 
transmitted  in  behalf  of  your  Mem'  are  so  clear,  strong  and  free  from 
all  reasonable  exceptions. 

Your  Memorialist's  intention  in  so  taking  a  Survey  of  the  several  Evi- 
dences transmitted  by  the  said  Governor,  is  thereby  to  demonstrate  to 
your  Lordship  that  he  in  his  whole  Answer  had  not  any  regard  to  truth, 
or  to  any  evidences  to  support  the  several  matters  charged  by  him,  but 
only  laid  down  (to  the  utmost  of  his  ability)  a  plausible  plan  to  expati- 
ate on,  and  then  follow  the  said  plan  as  if  it  had  been  supported  by  Truth 
and  the  evidence  of  Facts. 

All  which  (as  humbly  conceived)  will  appear  evident  on  considering 
the  said  Governor's  Answer  when  com])ared  with  tlie  Evidences  trans- 
mitted by  him. 

In  the  very  first  outset  lie  untruly  represents  the  Powers  lodged  in 
your  Memorialist  as  Commissioner  and  Comptroller  of  His  Majestie's 
f^uit  Rents,  he  had  not  any  Power  to  call  for  the  Title  Deeds  of  the 
Planters  in  South  and  North  Carolina,  other  than  what  was  persuasive 
in  informing  them  of  the  nature  of  His  Majesty's  Instructions,  that  His 
Majesty  would  be  graciously  pleased  to  confirm  all  Titles  to  Lands  on 
the  terms  therein  expressed,  provided  the  parties  wf)uld  record  their 
Grants,  and  the  Commissioner  of  the  Quit  rents  had  not  any  determina- 
tive power  to  confirm  Titles  &  free  the  Possessors  of  Lands  from  any 
further  trouble  forever,  nor  did  your  Mem'  ever  attempt  to  exercise  that 
power,  so  that  the  invidious  reflection   made  by  the  said   Governor  is 


COLONIAL  RECORDS.  1143 


wholly  Ills  (iwii  iiiveiitii)ii  and  the  Coiiimi.ssioiu'r  of  the  (iuit  rents  ean 
with  justiee  a[)peal  to  the  Right  Hon*"''  the  Lords  of  the  Treasury,  and 
to  your  Lordships,  whether  he  hath  not  frequently  and  on  all  occasions 
fully  represented  the  state  of  the  revenue  and  the  difficulties  or  obstruc- 
tions industriously  thrown  in  his  way,  and  if  it  should  be  your  Lord- 
ships pleasure  to  enter  into  a  detail  of  that  matter  he  is  ready  to  jxiint 
out  the  several  I'epresentations  he  made  on  that  head. 

And  although  the  said  Governor  was  very  instrimiental  in  obstructing 
your  Mem'  in  the  execution  of  his  said  office,  yet  he  now  contrary  to  all 
justice  and  reason  loudly  complains  of  your  Memorialist  not  having  done 
things  which  the  said  obstructions  rendered  impracticable. 

The  said  Governor  further  charges  that  although  he  and  every  body 
else  were  sensible  that  your  Mem'  had  procured  his  Instructions  by  false 
suggestions,  yet  he  hath  not  been  guilty  of  any  breach  of  the  said 
Instructions. 

The  said  Govei'uor  would  have  done  well  before  he  attacked  the  wis- 
dom and  judgment  of  the  right  honourable  the  Lords  of  His  Majestie's 
most  Honorable  Privy  Council  and  the  Right  Hon"'*  the  Lords  of  the 
Treasury  to  have  pointed  out  in  what  particular  they  had  been  surprized 
on  advising  His  Majesty  to  take  the  said  Measures,  but  that  was  not  in 
his  power,  as  it  is  not  jwssible  to  conceive  how  regulating  the  Land  Office 
and  keeping  one  uniform  method  of  proceeding  in  the  Records  could  be 
of  any  disservice  to  His  Majesty  or  the  least  advantage  to  your  Mem'  in 
the  disposal  of  any  Lands  wherein  lie  is  concerned,  however  it  is  easy  to 
judge  in  what  respects  the  said  Governor  may  think  himself  injured 
thereby  in  being  prevented  from  issuing  blank  warrants  and  Grants  for 
Lands  in  the  manner  hitherto  practised  by  him. 

Your  Memorialist  as  the  said  Governor  sets  forth  in  the  third  para- 
graph of  his  said  Answer  hath  all  along  taken  it  for  granted  that  every- 
thing relating  to  His  Majesty's  Lands  in  the  said  Province  was  in  great 
confusion  or  disorder  before  his  arrival  there,  and  the  said  Governor  in 
his  own   representation  to  yvur  Lordships  in  hath  fully  set  forth 

the  confused  state  of  the  Colony  in  relation  to  the  old  proprietory 
Grants,  and  the  Auditor  General's  report  to  the  Hon""  House  of  Com- 
mons in  1740  shew  that  neither  he  nor  his  Deputies  had  ever  been  able 
to  procure  a  rent  roll  and  fnrther  the  several  Evidences  now  transmitted 
to  your  Lordships  in  relation  to  the  said  Gov"  method  of  issuing  war- 
rants and  Grants  fully  and  clearly  demonstrate  that  whatever  the  said 
Governor's  pretensions  are  of  having  obeyed  His  Majesty's  Instructions, 
yet  he  hath  not  acted  agreeable  thereto,  and  by  the  very  measures  which 
he  hath  taken  he  must  necessarily  introduce  the  greatest  confusion  in 
tht  records  and  utdiinge  the  property  of  the  subject. 


1144  COLONIAL  RECORDS. 


What  the  Governor  says  of  any  disputes  not  having  been  in  relation 
to  the  property  of  Lands  is  repugnant  to  truth,  for  your  Mem'  hath 
really  known  fifty  instances  to  the  contrary  but  then  the  Governor  and 
Council  generally  assume  the  prviledge  of  determining  those  disputes 
in  Council. 

The  said  Governor  in  the  fourth  Paragraph  of  his  said  Answer  denys 
that  your  Mem'  did  ever  desire  him  uot  to  issue  any  new  Grants  to  per- 
sons who  were  in  arrear  of  Quit  rents  although  he  was  frequently 
moved  thereto,  and  the  said  matter  was  particularly  recommended  to 
the  said  Gov"  in  a  Letter  written  to  him  by  your  M'  which  said  Letter 
is  certified  and  sworn  to  by  Docf  Houston. 

The  said  Governor  ought  to  have  mentioned  at  what  time  he  pursued 
the  said  measure,  and  where  that  standing  Order  of  Council  by  him 
referred  to  can  be  found. 

The  said  Governor  in  the  fiftii  Paragraph  of  his  said  Answer  denys 
his  having  ever  signed  any  blank  patents  except  once  when  he  was 
called  away  on  a  sudden  upon  an  extraordinary  emergency — but  he  is 
not  pleased  to  mention  wiiat  that  sudden  and  extraordinaiy  emergency 
was,  nor  from  what  motive  he  left  the  Grants  with  the  Secretary,  as  by 
His  Majesty's  instructions,  no  Grant  is  to  be  issued  but  in  Council  and 
agreable  to  the  forms  therein  prescribed. 

The  said  Governor  in  the  sixth  Paragraph  of  his  Answer  is  pleased  to 
assert  that  your  Mem'  had  given  a  very  wrong  account  of  the  affair 
relating  to  Mr.  Allen's  Bond,  but  Mr.  Aliens  representations,  the  letter 
written  to  him  by  your  Memorialist  and  his  representation  to  the  Gov- 
ern'' in  Council  in  November  1746  (which  are  all  transmitted  to  your 
Lordships)  will  fully  demonstrate  the  truth  of  what  your  Mem'  hath 
represented  on  that  head,  and  shew  that  the  said  Governor  hath  not 
fairly  or  impartially  stated  the  said  Case. 

The  said  Governor  and  Council  could  have  no  motive  in  calling  on 
your  Mem'  to  give  an  account  of  his  conduct  in  a  matter  strictly  agrea- 
ble to  his  Majesty's  Instructions  other  than  to  obstruct  him  in  the  exe- 
cution of  his  duty,  and  the  proceedings  since  had  in  relation  to  the  said 
receiver's  Bond  of  four  thousand  pounds  sterling  fully  evince  the  truth 
of  that  matter. 

And  that  Mr.  Allen  often  threatened  to  take  out  an  action  of  ten 
thousand  pounds  against  your  Memorialist,  is  well  known  to  several  per- 
sons in  the  said  province. 

The  said  Governor  is  also  pleased  to  accuse  your  Mem'  of  a  shameful 
misrepresentation  of  such  matters  as  relate  to  the  Grants  of  Lands 
wherein  he  is  concerned,  in  North  Carolina  without  being  able  to  shew 


COLONIAL  RECORDS.  1145 


any  one  particular  wherein  he  misrepresented  'the  same,  and  afterwards 
the  said  Governor  artfully  endeavoured  to  divert  your  Lordships  atten- 
tion and  draw  it  to  new  ohjerts  so  as  to  prevent  an  enquiry  into  his  Con- 
duct. 

If  what  the  said  Governor  alledges  had  been  true,  and  that  he  had 
been  apprized  of  any  attempt  to  deceive  or  impose  on  the  crown  it  was 
a  duty  incumbent  on  him  to  have  informed  His  Majesty  thereof  before 
he  issued  the  said  Grants,  But  this  is  all  of  a  piece  with  his  other  con- 
duct, he  readily  asserts  anything  which  he  thinks  wifl  make  for  his 
advantage  if  he  can  find  the  least  colourable  pretence  for  so  doing  tt 
that  appears  evident  in  the  prosecution  of  the  present  case. 

By  His  Majesty's  Order  in  Council  datc^l  IG*  May  1737  Murray 
Crymble,  James  Huey  and  their  Associates  were  entituled  to  take  out 
the  Grants  in  such  proportions  as  they  thought  proper  tu  direct,  provided 
that  no  Grant  should  contain  less  than  twelve  thousand  acres  the  Gran- 
tees were  not  limitted  in  number  nor  as  to  their  respective  shares  or  pro- 
portions of  the  said  Lands,  &  it  was  at  that  time  the  opinion  of  the 
right  hon*''  the  Lords  of  His  Majestie's  most  lion"'"  Privy  Council  and 
of  the  right  hon"°  the  Lords  Com"  for  Trade  and  Plantation  that  pro- 
vided the  parties  advanced  so  great  a  sun)  as  would  be  necessary  to  dis- 
charge the  Fees  on  such  a  large  quantity  of  Laud  on  the  back  and 
extreme  parts  of  the  Colony  it  would  be  a  sufficient  inducement  or  motive 
to  them  for  prosecuting  the  settlement,  and  that  in  case  the  said  settle- 
ment should  miscarry  or  not  be  fully  completed  such  proportion  of  the 
said  Lands  as  was  not  settled  shoidd  revert  to  the  crown,  and  also  that 
as  fifty  millions  of  vacant  land  and  upwards  then  remained  in  the  said 
Colony,  so  their  Lordships  were  induced  thereby  to  declare  as  their  opin- 
ion that  it  might  be  for  the  service  of  the  crown  to  permit  the  Petition- 
ers and  their  Associates  to  undertake  the  settlement  of  those  vacant 
Lands  on  the  terms  and  under  the  conditions  or  restrictions  expressed  in 
the  said  Order,  And  in  all  probability  had  the  said  Grantees  not  met 
with  any  obstructions  from  the  said  Governor  that  settlement  would 
have  been  carried  on  with  great  advantage  to  the  crown,  to  the  Colony, 
and  to  all  the  Parties  concerned  therein,  and  even  as  the  affair  of  the 
Grant  now  stands  it  is  not  easy  to  conceive  how  the  Colony  can  be 
injured,  especially  considering  that  the  settlements  therein  are  really 
become  a  very  useful  frontier  to  the  Province  and  have  been  the  means 
of  increasing  the  inner  settlements. 

Before  the  said  Governor  received  his  Fees  he  had  not  any  Objections 
to  the  legality  of  the  said  Grants,  but  after  he  received  the  said  Fees  and 
exacted  even  more  than  he  was  justlv  entitled  to  On  findinu;  tliat  the  said 


1146  COLONIAL  RECORDS. 


settlement  increased  much  faster  than  reasonably  could  have  been  expected 
he  began  to  change  his  sentiments,  to  obstruct  the  said  Settlement  and  to 
represent  everything  relating  to  the  said  Grants  in  the  most  disadvantage- 
ous light  and  in  consequence  thereof  he  and  Colonel  Moscley  in  1746 
(being  upwards  of  eighteen  months  after  the  right  hon'''°  the  Earl  of 
Granvilles  Grant  was  made  out  by  the  Crown)  jointly  agreed  to  run  a 
new  line  from  the  place  where  the  Commissioners  formerly  appointed  by 
His  Majesty  had  ended  their  line,  and  so  to  manage  or  contrive  that  in 
running  that  new  line  most  of  the  lands  belonging  to  your  Mem'  were 
taken  up  into  the  said  Earl's  Division.  Your  Memorialist  doth  not  pre- 
tend to  determine  whether  the  right  hon""  the  Earl  of  Granville's  line 
might  or  might  not  be  extended  after  the  date  of  his  said  Grant  if  His 
Majesty  had  been  consulted  thereon,  but  humbly  submits  that  point  to 
your  Lordships  or  to  His  Majesty's  Atttfrney  General,  as  the  most  proper 
Judges  thereof. 

Nevertheless  your  Mem'  prays  leave  humbly  to  observe  that  the  power 
granted  to  the  said  Gov'  for  appointing  five  Commissioners  in  conjunc- 
tion with  the  like  number  to  be  appointed  by  the  said  Earl  was  limited 
to  eighteen  months  from  15""  September  1742,  and  .that  the  said  Gov- 
ernor had  not  any  power  from  his  Majesty  nor  could  in  any  wise  authorize 
or  apj)oint  any  Comm"  in  1746,  to  extend  the  said  Earl's  line  unless  he 
had  received  fresh  Directions  fron  His  Majesty  on  that  head,  And  your 
Mem'  also  prays  leave  to  ol)serve  that  if  the  said  Governor  had  been  of 
opinion  that  the  said  Earl  was  intituled  to  have  the  former  line  extended, 
yet  his  so  taking  Fees  and  issuing  Grants  to  the  said  Murray  Crymble, 
James  Huey  and  their  Associates  was  a  fraud  or  deception  of  the  highest 
degree.  The  intrigues  which  have  been  constantly  carried  on  between  the 
said  Governor  and  Colonel  Moseley  since  that  time  have  been  the  first 
rise  and  cause  of  all  the  disputes  which  lately  subsisted  in  the  said  Colony, 
and  the  principal  motive  in  passing  the  law  for  regulating  the  Members 
of  Assembly  in  order  thereby  to  make  way  for  the  Currency  and  Quit 
rent  Laws,  which  as  humbly  conceived  are  really  calculated  to  raise  vast 
sums  of  money  under  the  plausible  pretence  of  erecting  forts,  and  also 
calculated  to  unhinge  the  property  of  many  thousand  j)eople  in  the 
nt)rthern  Counties. 

What  the  said  Governor  represents  as  to  the  Property  of  the  said 
Grant  being  wholly  in  your  Mem'  is  without  the  least  foundation,  as 
may  appear  by  his  own  order  to  the  Attorney  General  for  making  ont  the 
Grants,  from  the  very  Grants  themselves  and  from  the  Associates  who 
really  are  Parties  in  the  said  Grants,  but  all  that  is  foreign  to  the  present 
matter  of  complaint  and  calculated   merely  to  avoid  or    frustrate  any 


COLONIAL  RECORDS.  1147 


enquiry  into  the  matters  complained  of  by  your  Mem'  liowever  it  i.s  hum- 
bly hoped  tiiat  this  matter  will  be  attended  to  &  considered  hereafter, 
and  that  in  consequence  tliereof  your  Lordships  will  be  pleased  to  exam- 
ine carefully  into  the  mixed  state  of  the  Grants  in  the  said  Colony,  and 
whatever  your  Lordships  pleasure  may  be  on  that  head  your  Memorialist 
will  as  far  as  it  relates  to  him  most  readily  acquiesce  therein. 

The  said  Governor  in  a  very  evasive  manner  denys  the  stipulation 
really  agreed  on  between  him  and  the  Surveyor  General,  saying  only 
that  it  was  not  in  favour  of  Mr.  Woodward,  but  the  original  agreement 
hath  been  produced  and  fully  proved  by  the  person  who  had  it  in  his 
possession. 

What  the  said  Governor  is  pleased  to  represent  in  relation  to  the 
Courts  of  Chancery  is  also  very  evasive,  as  according  to  the  Law  by 
him  referred  to,  but  not  transmitted  to  your  Lordships  the  Courts  of 
Chancery  ought  to  be  held  at  the  meeting  of  the  said  Governour,  Coun- 
cil and  Assembly,  and  if  the  said  Gov'  had  really  thought  himself  at 
liberty  to  call  the  Assembly  elsewhere,  he  was  also  at  liberty  to  hold  the 
Court  of  Chancery. 

What  your  Memorialist  charged  in  relation  to  injunctions  hath  to  his 
knowledge  been  frequently  complained  of  by  all  the  Lawyers  in  the  said 
Colony,  and  if  the  Governor  had  been  innocent  in  that  respect  he  could 
easily  have  procured  one  or  two  of  the  most  eminent  of  the  Lawyers 
there  to  certify  the  falsity  of  the  said  Charge,  but  that  would  not  answer 
his  purpose  wherefore  he  hath  injoined  silence  under  the  penalty  of  with- 
drawing their  I^icences  to  plead. 

What  the  said  Governor  represents  in  relation  to  Lithgow  is  quite 
contrary  to  the  evidence  by  him  transmitted  to  your  Lordships,  for  it 
thereby  appears  that  both  the  said  Governor  and  the  said  Attorney  Gen- 
eral had  agreed  to  sacrifice  tiiat  poor  man  to  the  resentment  of  Mr.  Rice 
and  Mr.  Moore  so  as  to  forward  a  reconciliation  between  the  said  Gov-' 
ernor  and  them. 

The  said  Governor  is  pleaseil  to  say  that  four  pieces  of  Cannon  are 
planted  on  one  of  the  batteries  there,  but  hath  not  transmitted  any  proof 
thereof,  however  it  is  evident  that  the  said  Governor  could  not  be  under 
the  least  necessity  of  giving  his  assent  to  the  Currency  Act  without 
inserting  a  suspending  clause  therein,  as  four  pieces  of  old  rusty  cannon 
could  not  be  of  any  use  to  four  or  five  different  batteries  in  time  of  war, 
so  in  truth  the  war  was  made  a  pretence  for  unjustly  passing  the  said  Law 
contrary  to  His  Maj'^"  Instruction,  and  the  said  Batteries  a  pretext  for 
raising  six  or  seven  thousand  pounds  sterling  to  be  applied  as  the  said 
Governor  &  Col.  Mosely  thought  proper. 


1148  COLONIAL  RECORDS. 


In  the  next  paragraph  the  said  Governor  untruly  denies  that  any  of 
His  Majestie's  Gov"  in  America  ordered  publick  rejoicings  on  occasion 
of"  His  royal  Highnesse's  victory  over  the  Rebels  at  Culloden  in  Scot- 
land, for  Governor  Gooch  can  testify  the  contrary  to  be  true,  and  what 
Governor  Johnston  says  of  your  Memorialist  having  represented  him  as 
a  Jacobite  and  that  he  turned  the  poor  palatines  out  of  their  lands  to 
make  room  for  Scotch  rebells,  is  a  very  wrong  suggestion  for  your  Mem 
never  did  directly  or  indirectly  say  anything  to  that  or  the  like  effect. 

If  the  said  Governor's  difficulties  and  discouragements  (as  he  repre- 
sents) had  arisen  from  the  unequal  representation  of  the  Lower  House  of 
Assembly  it  is  humbly  conceived  that  he  ought  (in  discharge  of  his  duty) 
to  have  represented  the  same  to.  his  Majesty  from  whom  only  he  could 
have  expected  aid  or  relief — And  not  to  have  applied  himself  to  a  Fac- 
tion in  the  Assembly  who  had  not  any  power  to  take  cognizance  thereof 
but  the  truth  was  if  he  had  duly  followed  the  regular  course  of  proceed- 
ing he  would  not  have  found  anything  worthy  of  Censure  in  the  north- 
ern Members,  nor  could  he  or  Colonel  Moseley  have  had  it  in  their  power 
to  introduce  the  Currency  and  Quit  rent  Laws,  from  which  tiiey  have 
engrossed  considerable  sums  of  money  to  themselves. 

The  Apology  which  the  said  Governor  makes  in  the  next  paragraph 
for  himself  and  the  late  Receiver  General,  seems  at  first  view  a  little 
plausible,  but  when  it  is  duly  considered  that  heat  all  times  screened  the 
said  Receiver  from  being  brought  to  a  regular  account,  that  he  issued 
blank  warrants  and  Grants,  that  he  took  exorbitant  Fees  upon  all  war- 
rants and  Grants  of  any  nature  whatsoever,  and  that  he  still  kept  open 
his  claim  for  arrears  of  salary  against  the  Crown,  there  is  not  any  won- 
der (especially  considering  the  principles  of  the  man)  that  he  chose  to  act 
that  part. 

What  the  said  Governor  urges  in  relation  to  the  repeal  of  the  Quit 
'rent  Law  in  1739  is  of  an  extraordinary  nature,  for  he  under  colour  of 
that  Law,  assumed  a  power  to  determine  the  value  of  the  Currency  every 
year  and  also  to  determine  the  property  of  the  subjects  as  to  Lands  in  a 
summary  manner,  without  any  Trial  by  Jury  which  powers  never  would 
be  granted  or  assented  to  under  an  English  Government,  and  all  which 
the  said  Governor  further  represented  in  relation  to  the  said  Rent  roll  is 
without  the  least  foundation  in  truth  for  the  Deputy  Auditor  in  1745 
transmitted  to  the  Auditor  General  a  rent  roll  which  appears  to  be  con- 
siderably more  than  the  salaries  payable  to  the  Officers  on  that  Establish- 
ment and  it  may  reasonably  be  presumed  that  had  not  the  said  Governor 
deviated  from  his  duty  in  protecting  the  receiver  all  the  said  Officers 
salaries  would  have  been  entirely  discharged,  and  a  surplus  remaining  to 
the  Crown. 


COLONIAL  RECORDS.  1149 


Tlie  reason  of  the  said  Deputy  Auditors  not  granting  Debentures  to 
the  said  Officers  was  that  the  Receiver  General  had  not  for  seven  years 
ijefore  his  death  [)rodnced  Vouchers  for  any  money  said  to  be  paid  by 
iiiin  to  the  said  Governor  &c.,and  consequently  the  said  Deputy  Auditor 
could  not  make  out  Debentures,  without  having  the  Vouchers  delivered 
to  him  whereby  he  might  be  enabled  to  judge  what  arrear  was  due  to 
each  of  the  said  Officers  on  the  said  lilstablishment,  and  the  said  Deputy 
Auditor  hath  also  been  laid  under  many  other  difficulties  in  continuing 
the  said  Rent  Roll,  as  appears  by  the  evidences  transmitted  to  your 
Lordships,  and  that  the  said  Governor  hath  in  most  respects  acted  con- 
trary to  His  Majestie's  Instructions,  especially  in  the  manner  of  his 
issuing  warrants  and  Grants  for  Lands. 

What  the  said  Governor  represents  in  relation  to  the  Harmony  & 
good  understanding  he  endeavoured  to  keep  up  with  your  Memorialist 
very  ill  suits  with  the  whole  of  his  conduct  since  your  Mem'  went  to 
Carolina,  but  the  said  Gov''  during  the  time  of  his  acquaintance  with 
your  Mem'  in  England  did  endeavour  to  keep  up  such  understanding 
particularly  from  the  year  1726.  until  1734  while  he  was  almost  wholly 
supported  by  the  money  advanced  to  him  by  your  Mem'  who  not  only 
paid  the  Fees  of  his  Commission  Freighted  a  ship  at  his  own  expense 
to  carry  the  said  Governor  and  his  retinue  to  his  said  Government, 
bought  plate  and  furniture  for  his  house  and  (that  he  might  not  be 
immediately  in  want  of  money  on  his  arrival  there)  gave  credit  to  him 
for  two  hundred  and  fifty  pounds  sterling,  so  that  in  the  whole  your 
Memorialist  was  really  in  advance  for  him  two  thousand  nine  hundred 
pounds  sterling  and  upwards  (as  may  appear  by  his  Bonds  deposited 
with  the  said  ^noch  Hall)  All  which  your  Mem'  did  without  any  real 
security,  but  what  was  the  return  of  all  this  kindness.  On  getting  His. 
Majesty's  Order  of  Council  into  his  hands  ungratefully  makes  a  private 
agreement  with  the  Surveyor  to  have  half  the  Fees  and  Salary  of  his 
Office,  and  then  he  and  the  Surveyor  and  other  Officers  demanded  no 
less  than  seven  thousand  pounds  proclamation  money  for  the  said  Fees, 
and  moreover  the  said  Governor  for  his  own  fees  not  only  demanded  a 
full  discharge  for  the  whole  debt  due  to  him  from  your  Mem'  but  on 
yt)ur  Mem"'  objecting  to  those  unreasonable  demands,  the  said  Surveyor 
entered  actions  against  your  Mem'  and  the  said  Governor  in  concert  witii 
his  party  did  from  that  moment  continually  vex  and  harass  your  Mem' 
until  the  time  of  his  leaving  the  said  Province. 

And  now  your  Memorialist  doth  with  all  possible  respect  appeal  to 
your  Lordships  whether  it  is  in  the  least  probable  or  even  credible  that 
under  those  circumstances  your  Mem'  wt)uld  in  any  wise  apply  or  attempt 


1150  COLONIAL  RECORDS. 


to  make  the  said  Governor's  instructions  subservient  to  any  schemes  in 
jobbing  his  Lands,  or  whether  it  was  even  possible  as  your  Mem'  never 
had  possession  of  any  part  of  the  said  lands  until  the  S""  March  174|^. 

What  the  said  Governor  further  charges  against  your  Mem'  as  having 
jobbed  his  lands  on  all  the  way  to  Boston,  is  a  mere  contrivance  of  his 
own,  f(M-  in  truth  your  Mem'  never  did  attempt  anytiiing  of  that  nature, 
but  on  missing  his  passage  in  Virginia,  he  and  his  family  proceeded  with 
all  possible  expedition  to  Boston  in  order  to  sail  for  England. 

The  said  Governor  further  represents  that  your  Mem'  and  his  open 
and  avowed  Agents  have  done  all  in  their  power  to  excite  the  people  to 
a  rebellion  and  would  certainly  have  succeeded  if  things  had  not  been 
managed  by  liim  with  great  temper  and  moderation.  This  indeed  is  a 
vile  and  malicious  charge  without  any  proof  or  colour  of  truth,  but  if 
any  such  thing  had  been  attempted  or  that  your  Mem'  had  in  the  least 
deviated  from  his  duty  in  that  particular,  the  said  Governor  could  upon 
any  information  thereof  have  proved  it  so  that  tiiis  charge  is  not  only 
improbable  and  all  of  a  piece  with  his  other  groundless  calumnies  &  false 
charges,  but  wholly  a  base  contrivance  of  his  own,  for  your  Mem'  did 
not  continue  in  the  said  Province  six  months  after  the  said  Governor 
laid  the  foundation  of  the  dispute  with  the  Northern  Counties,  nor  was 
your  Mem'  ever  in  any  of  the  Northern  Counties  after  passing  the  Law 
at  Wilmington  until  his  departure  from  the  said  Colony,  except  only  in 
his  passage  through  them  to  Virginia  on  his  way  to  Boston. 

And  as  your  Memorialist  hath  been  sometimes  represented  to  be  an 
Agent  for  the  Northern  Counties,  so  they  at  other  times  are  represented 
as  his  Agents  but  the  real  truth  of  the  matter  is  as  follows  viz' 

Your  Mem'  having  discovered  that  the  said  Governor  and  Colonel 
Moseley  had  jointly  entered  into  schemes  contrary  to  His  Majesty's  In- 
structions, without  any  regai'd  to  the  riglits  and  properties  of  the  people, 
and  that  your  Mem"  private  property  was  not  only  invaded  but  meas- 
ures taken  to  prevent  him  from  leaving  that  Colony,  did  from  all  those 
motives  deem  himself  under  an  absolute  necessity  in  acting  the  part  he 
did  in  engaging  to  represent  the  case  of  the  said  Northern  Counties  to 
the  Crown,  and  humbly  hopes  that  he  in  so  doing  hath  not  in  any  wise 
oflFended  or  departed  from  his  duty  especially  for  that  it  would  indeed  be 
criminal  in  any  officer  to  oppose  the  said  Governor  in  the  execution  of 
his  Office  which  your  Mem'  (as  he  most  solemnly  affirms  &  declares) 
never  did,  nor  ever  persuaded  or  advised  any  other  person  to  do. 

On  the  other  hand  your  Memorialist  humbly  conceives  that  it  cannot 
justly  be  deemed  a  crime  or  offence  in  any  Officer  of  the  Crown  humbly 
to  represent  the  Grievances  of  the  Subjects  in  the  said  distant  Colonies  to 


COLONIAL  RECORDS.  1151 


His  Majesty  as  being  their  sovereign,  best  able  and  most  w'illing  to  ea.se 
and  relieve  them  in  all  respects  especially  under  the  arbitrary  &  tyran- 
nical administration  of  a  Governor  obstinately  acting  in  all  matters  con- 
trary to  the  royal  Listructions. 

As  to  the  j)articular  charge  of  your  Mem'  being  an  Agent  for  the  said 
Northern  Counties  he  denies  his  being  such  in  any  other  respect  than  as 
above  represented.  And  as  in  truth  he  hath  not  any  salary  or  allow- 
ance whatsoever  for  his  trouble  about  them  so  he  doth  not  expect  ever 
to  be  paid  for  the  same. 

The  said  Governor  hath  in  the  last  Paragraph  of  his  said  Answer 
unjustly  charged  your  Mem'  with  having  taken  all  methods  to  keep  the 
matters  in  dispute  from  coming  to  a  speedy  issue,  and  also  charged  him 
with  not  having  sent  your  Lordship's  Order  until  the  middle  of  Novem- 
ber, and  although  the  sickness  and  death  which  happened  in  his  family 
might  have  given  some  delay  yet  your  Mem'  can  with  great  truth  averr 
to  your  Lordships  that  he  sent  the  said  papers  by  the  very  first  ship 
which  (as  he  was  informed)  sailed  to  Virginia,  and  that  he  never  wil- 
fully gave  the  least  delay  in  those  matters,  but  on  the  other  hand  the 
said  Governor  who  is  so  forward  to  accuse  without  any  just  cause,  never 
served  your  Mem"  Agents  with  a  Copy  of  his  Answer,  and  thereby  pre- 
vented them  from  sending  several  proofs  which  would  have  been  neces- 
sary in  the  present  ease,  and  altho'  the  said  Answer  hath  been  in  Eng- 
land for  near  twelve  months  and  made  use  of  in  different  shapes  not  only 
at  your  Lordship's  Board  but  at  the  Treasury  in  order  to  represent  your 
Mem'  in  the  most  disadvantageous  light  yet  he  never  heard  or  knew  of 
the  same  until  very  lately  nor  was  he  ever  served  with  a  Copy  thereof 
until  9""  May  last.  For  all  the  above  mentioned  reasons  your  Memori- 
alist doth  most  humbly  hope  that  on  considering  all  the  said  several  evi- 
dences transmitted  to  your  Lordships,  that  you  will  be  of  opinion  that 
all  the  charges  by  him  laid  against  the  said  Governor  are  fully  &  clearly 
proved,  and  that  on  the  contrary  the  evidences  transmitted  by  the  said 
Gov'  do  not  in  the  least  justify  or  excuse  his  conduct,  and  also  that  the 
said  Governor  hath  not  been  able  after  all  his  artful  endeavours  and 
utmost  efforts  to  vilify  or  asperse  your  Mem'  to  produce  one  single  evi- 
dence in  support  of  the  many  inicjuitous  charges  which  he  brought  against 
your  Mem' 

The  natiure  and  duty  of  your  Memorialist's  office  is  such  as  must  natu- 
rally create  him  many  enemies,  although  he  hath  constantly  acted  under 
His  Majesty's  Commission  and  the  Instructions  thereunto  relating  with 
the  greatest  care  and  circumspection,  but  what  support  he  hath  met  with 
in  the  execution  of  his  said  Office  doth  not  now  become  him  to  mention, 


1152  COLONIAL   RECORDS. 


further  than  that  it  would  have  been  better  for  him  to  be  punished  with 
death  than  to  suffer  all  the  arbitrary  and  cruel  acts  of  Power  to  which 
an  Officer  in  your  Mem"  circumstances  may  be  exposed  by  being  left 
wholly  subject  to  the  violent  hatred  &  resentment  of  his  merciless  ene- 
mies. 

Humanity  and  Compassion  are  the  most  distinguishing  Characteristics 
of  the  English  Nobility  and  will  upon  all  fit  occasions  shew  itself. 

It  is  therefore  most  humbly  lioped  that  your  Lordships  will  out  of 
your  great  goodness  and  tender  regard  to  the  injured,  compassionate 
your  Memorialist's  miserable  and  defenceless  state,  and  that  you  will  be 
pleased  to  recommend  him  to  his  Majesty  as  an  object  wortliy  of  his 
Royal  Compassion  &c. 

Received  June  12""  1751. 


[B.  P.  R.  O.  North  crAROUNA.  B.  T.  Vol.  11.  B.  74  and  75.] 

THE  NORTHERN  COUNTIES  vs.  GOV.  JOHNSTON- 
LEGISLATIVE  REPRESENTATION. 

North  Carolina  Marcli  9*  174f 
My  Lords  [of  the  Board  of  Trade] 

I  have  the  Honour  to  send  along  with  this  an  Attested  Copy  of  a 
Law  for  regulating  of  Elections  in  this  Province  passed  in  December 
last  at  Wilmington,  which  I  just  took  the  Liberty  in  the  close  of  my 
Letter  to  Your  Lordships  of  the  o""  of  January  last : 

I  have  taken  this  first  opportunity  to  transmit  it,  because  in  my  Opin- 
ion it  is  of  the  greatest  Consequence  to  the  maintenance  of  his  Majesty's 
Authority  and  just  Perogative,  as  well  as  of  considerable  Advantage  to 
his  Subjects  in  this  Colony. 

That  Your  Lordships  may  form  a  better  Judgement  of  this  Affair,  I 
send  a  short  and  plain  State  of  it  as  follows 

This  Province  is  divided  into  Seventeen  Counties  and  four  Towns, 
who  send  Representatives  to  the  House  of  Burgesses.  Of  these  six 
Counties  lying  towards  the  North  East  were  by  the  late  Law  for  Bien- 
nial Elections  entitled  to  send  Five  Members  each  to  the  General  Assem- 
bly, the  other  Eleven  never  pretended  to  send  more  than  two,  and  one 
from  each  Town,  whereof  one  only  l)elongs  to  the  Northern  Division 

Another  clause  in  this  Biennial  Law  enacted  that  the  House  of  Bur- 
gesses should  not  proceed  to  Business  till  a  Majority  of  the  Members  was 
present.     By  this  means  they  had  thirty  one  Votes  out  of  Fifty  four, 


COLONIAL  RECOliDS.  1153 


which  is  the  full  number  of  the  Representatives  of  this  Colony.  And 
being  generally  united  under  the  conduct  of  a  few  designing  Men  who 
found  their  account  in  Keeping  Public  Affairs  in  confusion  they  have 
made  the  Governour  and  Council,  and  the  remaining  Members  of  no 
weight  in  the  Legislature  for  they  could  not  so  much  as  meet  unless  they 
thought  fit  to  be  present  and  after  they  were  met  if  they  did  not  like  any 
Bill,  they  withdrew  Privately  and  then  the  Majority  of  Burgesses  being 
absent,  no  more  Business  could  be  done,  so  that  the  very  being  of  Assem- 
blies depended  on  their  M^him  and  Humour,  and  not  on  the  Kings  Writ ; 
and  Governours  Proclamation  and  Prorogation. 

This  is  no  Imaginary  Consequence,  but  a  real  effect  which  has  haj)- 
pened  more  than  once  within  these  four  years  past,  when  I  have  waited 
with  the  Council  for  three  or  four  weeks  and  been  obliged  to  Separate 
without  doing  any  one  thing 

When  I  prorogued  the  Assembly  in  June  last  till  the  middle  of 
November  tiext  then  to  meet  at  Wilmington,  they  entered  into  a  formal 
Agreement  not  to  attend,  and  to  engage  as  many  of  the  other  Members 
as  they  could  influence  to  stay  at  Home. 

At  the  time  appointed  I  met  his  Majesty's  Council  and  a  considerable 
number  tho'  not  a  Majority  of  the  House  of  Burgesses  who  have  a  just 
regard  for  his  Majesty's  Perogative  and  are  Gentlemen  of  the  best  sense 
and  estates  in  the  Province. 

After  two  small  Prorogations  to  render  their  absence  inexcusable,  we 
proceeded  to  Business  and  passed  this  Law  now  under  Your  Lordships 
consideration  and  another  for  fixing  the  seat  of  Government,  and  Regu- 
lating the  Courts  of  Law,  which  was  exceedingly  wanted;  and  which  I 
have  orflered  the  Secretary  to  Prepare  Copies  of  to  be  sent  to  your 
Board. 

I  dissolved  tliem  and  called  a  new  Assembly  to  be  cliosen  in  con- 
formity to  this  Law :  But  these  Gentlemen  in  some  places  by  Threats 
compell'd,  and  in  other  places,  by  offering  to  Indemnify  cajoled  the 
Sheriffs  to  return  Five  Members  for  these  Counties  as  formerly  tho  the 
Kings  writs  impowered  them  to  choose  but  Two;  and  refuse  all  Obedi- 
ence to  the  Laws  passed  in  this  or  last  Session  of  Assembly  until  they 
are  confirmed  by  his  Majesty  For  which  reason  I  hope  Your  Lordships 
will  let  me  know  his  Majestys  pleasure  as  soon  as  may  be 
I  am,  your  Lordships  most,  &c., 

GAB  JOHNSTONE 

P.  S.  The  Biennial  Law  has  been  Repealed  some  years  ago  by  his 
ISIajesty 

Vol.  4—115 


1154  COLONIAL  RECORDS. 


North  Carolina — ss. 

An  Act  for  the  better  Ascertaining  the  number  of  members  to  be  chosen 

for  the  Several   Counties   within   this  Province   to    Set   in   General 

Assembly  and  for  Establishing  a  more  Equal  Representative  of  all  his 

Majesties  Subjects  in  the  House  of  Burgesses. 

Whereas  the  Inhabitants  of  Several  of  the  Northern  Counties  within 
this  Province  have  Assumed  to  themselves  the  Priviledge  of  Choosing 
five  persons  Respectively  to  Represent  them  in  the  General  Assembly 
without  any  Law  or  Pretence  of  Law  to  support  such  a  clause  while 
those  of  the  more  Southern  and  Western  Counties  who  are  more  numer- 
ous and  Contribute  mucii  more  to  the  General  Tax  of  tlxe  Province  than 
some  of  those  who  claim  this  Priviledge  are  represented  only  by  two 
members  in  the  said  Assembly  for  which  Inequality  great  mischiefs  and 
Disorders  have  arisen  and  the  best  schemes  for  the  aood  and  welfare  of 
the  Province  by  this  means  have  been  utterly  Defeated  the  preventing  of 
which  for  the  future  we  Humbly  Pray  your  Most  Sacred  Majesty  that  it 
may  be  Enacted  And  be  Enacted  by  his  Excelly  Gabriel  Johnston  Esq' 
Captain  General  and  Governour  and  Commander  in  chief  in  and  over 
this  Province  by  and  with  the  Advice  and  Consent  of  His  Majestys  Coun- 
cil and  the  General  Assembly  of  the  said  Province  And  it  is  hereby 
Enacted  by  the  authority  of  the  same  that  from  hence  forward  the 
Inhabitants  of  Each  and  every  County  already  Erected  or  which  shall 
hereafter  be  Erected  in  this  Province  respectively  shall  and  may  choose 
Two  Persons  duly  Qualified  for  their  Representatives  to  sit  and  vote  as 
members  in  the  General  Assembly  of  this  Province  and  no  more  any  Law 
usage  or  Custom  to  the  Contrary  in  any  wise  notwithstanding  And  the 
freeiiolders  of  the  several  Towns  (to  wit)  of  Edenton,  Bath  Town,  New- 
Bern  &  Wilmington  may  have  the  Liberty  of  Chooseing  one  Representa- 
tive Each  as  heretofore  to  set  and  vote  as  members  in  the  said  General 
Assembly  aforesaid  all  which  said  members  shall  be  Chosen  at  such  times 
as  shall  be  directed  by  His  Majestys  Writ  and  at  such  Place  and  in  such 
manner  as  by  an  Act  of  tiie  General  Assembly  of  this  Province  Intituled 
an  Act  to  regulate  Elections  for  members  to  serve  in  General  Assembly 
for  the  several  Counties  to  Declare  who  shall  be  qualified  to  vote  in  the 
said  Elections  or  be  Elected  a  Member  of  the  General  Assembly  for  any 
of  the  said  Counties  and  to  direct  the  method  to  be  Observed  in  taking 
the  Poll  at  the  several  Elections  in  the  Counties  and  Towns  in  this  Prov- 
ince is  directed  and  appointed  And  whereas  great  mischiefs  have  arisen  and 
numberless  Obstructions  given  to  the  Publick  affairs  by  the  members  of 
the  House  of  Burgesses  not  Duly  attending  according  to  the  writt  or  the 
time  [of]  Prorogation  or  Adjournment  Be  it  Enacted  by  the  Authority 


COLONIAL  UEC0KD:S.  11.05 


afbrt'said  that  eight  meniltcrs  of  the  House  at  tlie  first  meeting  in  I'lirsii- 
ance  of  his  Majestys  writ  or  the  time  of  Prorogation  or  Adjoiiriimei)t 
who  are  hereby  impowered  to  adjoiirii  de  die  in  diem  nntill  the  niiml)er 
of  members  hereinafter  limited  siiall  come  together  to  make  a  iionse  And 
for  the  better  dispatch  of  Piiblick  business  Be  it  Enacted  by  the  Au- 
thority afore  said  and  it  is  hereby  Enacted  that  fourteen  members  of  the 
said  house  and  the  Speaker  shall  be  a  sufficient  Quorum  to  make  a  house 
and  to  pass  Laws  or  to  do  any  other  Act  or  Acts  which  any  Assembly 
in  this  Province  have  been  heretofore  accustomed  to  do  by  a  Larger 
number.  Any  Law  Custom  or  usage  to  the  contrary  in  any  wise 

And  be  it  Further  Enacted  that  all  and  every  clause  and  Clauses  of 
every  Law  or  Laws  so  far  as  Relates  to  the  Iniiabitants  of  any  County 
or  Counties  in  this  Province  their  sending  above  two  members  Exclusive 
of  the  members  to  be  chosen  for  the  Several  Towns  in  this  Act  before 
mentioned  to  sit  and  represent  tiiem  in  General  Assembly  Directed  or 
Indirectly  is  and  are  hereby  repealed  and  Declared  null  and  void  to  all 
intents  &  purposes  as  tho'  the  same  had  never  been  made 

GAB  JOHNSTON 

Read  three  times  &  Ratified  in  Open  Assembly  this  28""  day  of  No- 
vember Anno  Dom :  1746 
Samuel  Swann  Speaker.  NATH  RICE 


My  Lords,  [of  the  Board  of  Trade] 

In  Pursuance  of  your  Lordships  commands  signified  to  me  by  Mr. 
Hill's  letter  of  the  22'*  of  July  last  wherein  your  Lordsiiips  are  Pleased 
to  desire  my  Opinion  in  Point  of  Law  upon  the  following  Act  Passed 
in  North  Carolina  in  December  1746:  I  have  Perus'd  and  Considered 
the  same  And  have  made  such  Observation  thereon  As  I  have  wrote 
under  the  Title  of  the  said  Act. 

Ad  Act  for  better  Ascertaining  the  Number  of  Members  to  be  Chosen 
for  the  several!  Countys  within  this  Province  to  sit  in  General  Assem- 
bly and  for  Establishing  a  more  Equall  Representative  of  all  His 
Majestys  Subjects  in  the  House  of  Burgesses. 

This  Act  Appears  by  the  Copy  of  it  Laid  before  me  to  have  been 
Passed  in  the  usuall  forme  of  Acts  passed  in  this  Province  And  was  the 
fact  Really  as  it  Appears  t(^be  I  could  have  no  Objection  to  make  thereto 
as  it  seems  to  Contain  very  usefuU  Regulations  and  such  as  the  Prov- 
ince have  a  right  to  make  if  Proi)erly  agreed  thereto.  But  it  appears  to 
me  by  a  Letter  from  Governour  Johnston  Ijaid  before  me  with  this  Act, 


1156  COLONIAL  RECOEDS. 


that  It  was  not  Passed  in  the  Usuall  and  Ordinary  way  of  passing 
Acts  but  by  a  Select  Number  of  Burgesses  summoned  by  the  Governonr 
And  I  have  not  seen  Anything  that  Warrants  the  Passing  An  Act  in 
this  manner,  therefore  I  submit  it  that  this  matter  should  be  farther  Ex- 
plained before  this  Act  be  passed  into  a  Law  for  however  Propei;,  and 
Convenient  this  Act  may  be,  Yet  the  Governour  and  a  Select  Number 
of  Burgesses  taking  upon  them  to  Pass  Any  Act  in  any  way  Different 
from  the  Usuall  Method  (which  Act  has  its  Immediate  Execution  and 
without  any  Suspending  Clause  Till  Approved  of  here  as  this  Act  is) 
may  be  attended  with  great  Inconveniences. 

I  am,  My  Lords,  Yours,  &c.,  MAT  LAMB 

Lincolns  Inne  25"'  September  1747. 


Observations  in  Relation  to  a  pretended  Act  of  Assembly  passed  at  Wil- 
mington in  North  Carolina.  November  1746.  Intituled,  an  Act  for 
Ascertaining  the  Number  of  Members  &,"  Most  humbly  submitted. 

The  Right  Honourable  the  Lords  Commissioners  for  Trade  and  Plan- 
tation 

In  tlie  Preamble  to  tlie  Act,  it  is  untruly  charged,  that  the  Northern 
Countiei?  have  Assumed  to  themselves  a  Priviledge  of  Chooseing  Five 
Members,  without  any  Law,  or  pretence  of  Law  to  support  such  a  claim, 
Although  it  was  Evident  from  tiie  first  Constitution  of  the  said  Colony 
tliat  the  Precincts  in  Albemarle  County  allways  had  Five  members  to 
represent  each  of  them.  And  that  the  Precincts  in  Batii  County  were 
Entituled  only  to  two  Members  each,  which  will  appear  upon  examining 
the  Rules  and  Order,  made  at  a  Palatine  Court  9""  December  1696.  [See 
page  472,  Vol.  1 — Editor.]  And  by  the  W^rits  issued  by  Governour 
Johnston,  which  plainly  shews,  that  from  the  first  Institution  of  the  said 
Colony  untill  November  1746  they  were  deemed  to  have  a  Right  so  to 
do,  And  nothing  can  have  more  the  force  of  a  Law,  than  a  Constitution 
so  established.  Continued   and  acted  under  for  upwards  of  Fifty  years. 

That  Albemarle  County  was  formerly  a  Government  in  itself.  And 
the  Precincts  being  looked  upon  as  a  Nursery  for  the  rest  had  accord- 
ingly a  Privilege  Granted  to  them  of  having  Five  Members  each  while 
the  Southern  Counties  or  Precincts  (afterwards  annexed  to  them)  had 
only  Two  each ;  but  as  tlie  Settlements  tiierc  Increased  New  Counties 
were  Erected  so  that  in  a  little  time  the  Representatives  for  the  Southern 
Division  will  be  more  numerous  than  those  for  the  Northern 

It  is  also  charged  in  the  said  preamble  that  the  best  Schemes  for  the 
good,  and  wellfare  of  the  Province  have  been  defeated   by  the  Northern 


COLONIAL  RECORDS.  1157 


members;  but  although  it  is  easie  for  persons  guilty  of  an  Plxcrtion  of 
Power  to  make  a  wrong  and  general  Charge  And  to  Impute  Crimes  to 
such  as  they  intend  to  Injure  yet  it  is  not  so  easie  to  prove  tiiose  charges 
to  be  true,  for  if  the  Northern  Members  have  deviated  fi'om  their  Duty, 
that  may  be  proved  against  them  by  tlie  Minutes  of  the  Assembly,  And 
producing  such -Laws,  as  they  would  not  agree  to:  And  untill  that  be 
done  no  general  charges  made  against  them  Ought  to  have  any  weight. 

That  the  Governour  having  Transmitted  the  said  pretended  Act  for 
His  Majesty's  Approbation  ought  to  transmit  at  the  same  time  the  Min- 
utes of  the  Assembly,  which  could  not  be  siijjpressed  with  any  other 
intent  than  to  surprize,  and  induce  your  Lordships  to  believe  that  there 
was  a  full  House  at  the  passing  of  the  said  Bill  whereas  in  truth  there 
was  not,  although  on  reading  over  the  said  pretended  Act  it  apjiears  as 
if  a  proper  number  of  Burgesses  were  present  at  passing  it  but  when  the 
Minutes  of  Assembly  are  inspected  it  appears  thereby  that  only  Eight 
members  were  present,  when  they  satt  as  a  House  and  that  afterwards 
they  having  swore  in  Seven  New  Members  pnjceeded  to  do  Business. 
Although  by  the  Constitution,  and  Constant  usage  or  practice  of  that 
Colony  (as  well  as  most  of  His  Majesties  Other  Colonies  on  the  Conti- 
nent of  America)  a  Majority  of  the  Members  ought  to  have  been  present 
(which  at  that  time  w'ould  have  amounted  to  Twenty  Eight  in  Number) 
before  they  had  a  right  to  sitt  and  do  Business,  upon  which  it  is  proper 
to  remark  here  the  well  knowu  maxim  in  all  Laws.  That  no  power  less 
than  that  which  formed  a  Government  can  lawfully  dissolve  or  annull 
it;  And  that  as  it  is  directed  by  the  second  Charter  Granted  by  King 
Charles  the  second,  that  there  shall  be  a  Majority  of  the  Delegates  of 
the  Freemen  of  the  Province  present  when  any  Laws  are  to  be  Enacted, 
so  in  the  present  case  the  eight  Burgesses  who  met  together  in  Wilming- 
ton had  not  any  power  to  sit  as  an  Assembly  and  consequently  that  every 
Act  by  them  ilone,  was  null,  void  and  of  no  eifect. 

It  is  also  proper  to  Observe  here  that  His  Majesty  having  by  His  In- 
structions strictly  Commanded  his  Governour  not  to  pass  any  Law  of  such 
an  Extraordinary  and  unusual  nature  without  First  iucertiug  therein  a 
suspending  clause,  the  Governour  by  having  Acted  Contrary  thereto  is 
guilty  of  a  great  contempt  of  His  Majestys  Order  for  if  the  Governour 
(as  he  ought)  had  incerted  a  suspending  clause  it  would  have  prevented 
all  those  heats.  Animosities  and  Broyles  which  naturally  attend  sucli  an 
Extraordinary  exertion  of  Power  And  further  that  as  in  this  case  the 
Governour  had  no  delegated  power  to  new  modell  or  alter  the  Constitu- 
tion, every  act  so  done  by  him  and  the  said  Eight  Burgesses,  wiio  assumed 
the  name  of  an  Assembly  is  utterly  null  and  void  in  itself  especially  in 


1158  COLONIAL  EECOKDS. 


regard  that  His  Majesties  Instructions  are  a  standard,  and  rnle  of  Gov- 
ernment in  the  Colonies. 

Therefore  on  tlie  whole  it  is  most  hnrahly  submitted  whether  an  Act 
of-this  Extraordinary  natnre  passed  by  a  pretended  Assembly  who  had 
not  (as  conceived)  had  any  power  to  sit  as  snch,  And  Assented  to  by 
the  Governonr,  Contrary  to  His  Majesties  Instructions,  ought  to  have 
the  sanction  of  the  Royal  Assent  and  Approbation. 


To  the  Kings-most  Excellent  Majesty  in  Council 

The  humble  Petition  of  Peter  Payne  Mac"'  Scarborough  Simon  Bryan 
Caleb  Wilson  Benjamin  Hill  and  Stevens  Lee  in  behalf  of  themselves 
and  the  several  Inhabitants  of  the  Precincts  or  Counties  of  Chowan 
Perquimons  PasquotanU  Currituck  Bertie  and  Tyrrel,  most  humbly 
sheweth 

That  His  Majesty  King  Charles  the  second  by  his  letters  Patent  did 
grant  unto  the  late  Lords  Projirietors  of  Carolina  full  power  and  Au- 
thority to  Grant  Letters  or  Charters  of  Incorporation  with  full  and  abso- 
lute power  to  make  and  publish  Laws  either  ajjpertaiuing  to  the  Publiek 
State  of  the  Provinces  or  to  the  Private  Utility  of  particular  Persons 
with  the  Assent  of  the  Freemen  of  the  said  Provinces  or  of  a  Majority 
of  their  delegates. 

That  agreeable  to  the  Powers  granted  to  the  late  Lords  Proprietors  to 
grant  Letters  or  Charters  of  Incorporation  with  all  requisite  and  usual 
Liberties  the  late  Lords  Proprietors  by  orders  to  their  Deputies  directed 
that  the  several  Precincts  in  Albemarle  County  shall  be  intituled  to 
choose  five  Burgesses  to  represent  them  in  General  Assembly  and  the 
Writs  for  electing  five  Burgesses  for  each  Precinct  have  without  inter- 
mission continued  so  ever  since  the  Establishment  of  this  Goverinnent 
not  only  under  the  late  Lords  Proprietors  but  also  under  your  Majestys 
Governors  until  November  1746. 

That  Your  Majestys  Governor  having  Design  to  ensnare  and  eutrapp 
the  several  Representatives  of  the  Northern  Countys  did  contrary  to  the 
known  Usuage  of  this  Colony  Summon  an  Assembly  to  meet  at  Wil- 
mington the  twentieth  of  November  1746  which  place  is  at  least  two 
hundred  miles  distant  from  where  the  Courts  of  Justice  are  held  and 
the  Season  of  the  Year  being  at  that  time  extremely  intemperate  with 
many  broad  Ferries  to  Pass  from  Seven  to  ten  miles  over  that  are  very 
ill  provided  with  Boats :  the  several  Representations  of  the  Northern 
Countys  were  laid  under  a  disability  of  attending.  Upon  which  the 
Governour  by  the  Advice  of  four  of  the  Council  who  live  in  the  South- 


COLONIAL  RECORDS.  1159 


ern  extreeui  of  tliis  Province  Ortlered  and  Directed  that  ei^ht  of  tlie 
Southern  Members  witii  the  Speaker  should  make  a  House  and  that 
afterwards  tiiey  shoukl  swear  in  Six  new  Members,  and  then  Proceed 
to  business  altho  by  the  Priviledges  granted  by  the  late  Lords  Proprie- 
tors, and  from  the  constant  and  nnintei-rnpted  Practice  of  this  Colony 
from  the  very  first  Establishment  of  the  Government  there  ought  to 
have  been  present  a  Majority  of  the  Representatives  of  the  Freemen  of 
this  Province  which  at  this  time  would  have  amounted  to  twenty  eight 
in  Number,  the  whole  of  the  Province  or  Countys  and  Boroughs  being 
intituled  to  have  four  Members  to  represent  them  in  General  Assembly. 

That  after  His  Excellency  the  Gov'  had  thus  broke  in  upon  the  Con- 
stitution of  this  Government  he  with  the  Advice  of  four  or  five  of  the 
Council  and  fourteen  Members  and  the  Speaker  of  the  House  of  Bur- 
gesses, passed  An  Act  intituled  An  Act  for  the  better  ascertaining  the 
Number  of  Members  to  be  chosen  for  the  several  Countys  witliin  this 
Province  to  sit  in  General  Assembly  and  for  establishing  a  more  equal 
Representation  of  all  His  Majestys  Subjects  in  the  House  of  Burgesses. 
And  in  the  Preamble  to  the  said  Act  it  is  said,  that  whereas  the  Inhabi- 
tants of  several  of  the  Northern  Countys  within  this  Province  have 
assumed  to  themselves  the  Priviledge  of  chosing  five  Persons  respectively 
to  represent  them  in  the  General  Assembly  without  any  Law  or  pretence 
of  Law  to  support  such  a  Claim  Yet  it  appears  by  the  very  Act  that 
the  Governor  and  that  part  of  the  Council  that  were  present  and  the  fif- 
teen Burgesses  that  composed  this  Assembly  were  apprized  not  only  of 
the  Ancient  Rights  and  Priviledges  of  the  Northern  Countys  but  that 
there  were  Laws  now  in  Force  iutitling  some  of  the  Northern  Counties 
to  have  five  Burgesses  to  represent  them  in  the  General  Assembly 

By  the  first  Constitution  and  Establishment  of  the  Government  of 
this  Colony  the  Precincts  of  Chowan,  Perquimons,  Pasquotank  and  Cur- 
rituck formed  the  Government  of  North  Carolina  that  was  then  called 
Albemarle  County  and  agreeable  to  the  Powers  vested  in  the  late  Lords 
ProprietoVs  to  grant  Letters  and  Charters  of  Incorporation  with  all 
requisite  and  usual  Liberties  the  late  Lords  Proprietors  intitled  the  In- 
habitants of  those  Precincts  to  have  each  of  them  five  Burgesses  to  repre- 
sent them  in  General  Assembly;  But  some  of  those  Precincts  being  very 
extensive  and  becoming  extremely  Numerous  there  were  two  other  Pre- 
cincts erected  out  of  them,  namely  those  that  are  at  Present  known  by 
the  Name  of  Bertie  and  Tyrrel  Counties  by  Acts  of  Assembly  those 
two  Precincts  or  Countys  were  each  of  them  intitled  to  have  five  Bur- 
gesses 

The  late  Lords  Proprietors  having  thus  established  the  form  of  Gov- 
ernment in   the  Ancient  Colony  of  Albemarle,   and    considering   that 


1160  COLONIAL  RECORDS. 


Colony  as  a  Nursery  to  Plant  the  more  Southern  Districts  between  that 
and  South  Carolina,  Ordered  and  Directed  their  Governor  John  Arch- 
dale  Esq'  in  1696  that  all  Writs  that  were  issued  to  the  several  Pre- 
cincts of  the  County  of  Albemarle  shall  intitle  them  to  Elect  five  Bur- 
gesses for  each  Precinct,  but  tlCdt  for  the  County  of  Bath  they  should 
only  be  allowed  two  Burgesses  in  each  Precinct  to  represent  them  in 
General  Assembly     [See  page  472,  Vol.  1. — Editor.] 

That  Your  Majestys  Dutiful  and  Loyal  Subjects  within  the  several 
Precincts  or  Countys  of  Albemarle  are  by  the  said  Law  represented  to 
your  Majesty  as  factious,  Turbulent  and  Enemies  to  the  well  Ordering 
aud  Government  of  Your  Majestys  Colony  of  North  Carolina  altho 
Your  Pet"  have  at  all  times  and  upon  all  Occasions  acted  with  the 
greatest  Duty  and  Submission  to  your  Majesty's  Orders  and  Instruc- 
tions and  never  have  in  any  One  Instance  opposed  any  Act  of  Govern- 
ment that  was  consistent  with  Your  Majesty's  Royal  Instructions  And 
although  we  have  suffered  many  grievances  and  hardships  from  the 
undue  excercise  of  Power  by  His  Excellency  the  Governor,  yet  We 
have  rather  chose  to  suifer  than  to  trouble  your  Royal  ear  with  frequent 
Complaints. 

That  your  Pet"  most  humbly  apprehend  that  Your  Majesty's  Gov- 
ernor hath  not  any  delegated  Power  to  New  Model  and  alter  the  form 
of  the  Constitution  of  Your  Majestys  Colony;  That  the  Security  of 
Your  Majestys  Subjects  wholly  depend  on  a  just  observance  of  Your  Maj- 
estys Instructions  and  that  the  passing  of  a  Law  of  so  extraordinary  and 
unusual  Nature  without  first  inserting  a  Suspending  Clause  until  Your 
Majestys  pleasure  was  known  thereupon  can  only  tend  to  enflame  and 
disturb  the  Quiet  and  Happyness  of  Your  Majesty's  Subjects. 

That  it  is  with  the  greatest  concern  We  beg  leave  to  represent  to  Your 
Majesty  that  as  the  Records  are  in  a  great  Measure  in  the  Gov"' Power, 
and  that  from  some  fatal  Mistake 'in  the  manner  of  usually  transmitting 
the  Records  to  the  Boards  at  Home,  We  shall  be  under  the  greatest 
difficulty  in  making  good  the  Allegations  of  our  Complaint  without 
Your  Majesty  will  be  graciously  pleased  to  interpose  in  Our  behalf. 

Whereupon  Your  Petitioners  most  humbly  Pray  that  Your  Majesty 
will  be  Pleased  to  take  the  premises  into  Your  Royal  Consideration  and 
that  Your  Majesty  will  be  graciously  pleased  to  reinstate  Us  in  Our  for- 
mer Rights  and  Priviledges,  and  grant  Us  such  other  relief  as  Your 
Majesty  in  Your  great  Wisdom  shall  think  meet 

And  your  Pet"  as  in  Duty  bound  shall  ever  Pray  &c 

PETER  PAYNE  CALEB  WILSON 
MA"  SCARBOROUGH  BENJ*  HILL 
SIMON  BRYAN  STEVENS  LEE. 


COLONIAL  RECORDS.  1161 


At  the  Council  Chamber  Whitehall  the  14"'  of  July  1748. 
By  the  Right  Honourable  the  Lords  of  the  Committee  of  Council  for 

Plantation  Affairs. 

Whereas  his  Majesty  was  pleased  by  his  Order  in  Council  of  the  3'*  of 
December  last  to  refer  unto  this  Committee  the  humble  Petition  of  Peter 
Payne  Mac"  Scarborough,  Simon  Bryan,  Caleb  Wilson,  Benjamin  Hill 
and  Stevens  Lee  in  behalf  of  themselves  and  the  several  Inhabitants  of 
the  Precincts  or  Countys  of  Chowan,  Perquimons,  Pasquotank,  Curro- 
tuck,  Bertie  and  Tyrrell  in  North  Carolina  complaining  of  an  Act 
passed  in  that  Province  in  1746  entituled  "An  Act  for  the  better  ascer- 
"taining  the  number  of  members  to  be  chosen  for  the  several  Countys 
"within  this  Province  to  sit  in  General  Assembly  and  for  Estalilishing 
"a  more  equal  Representation  of  all  his  Majesty's  Subjects  in  the  House 
"of  Burgesses."  The  Lords  of  the  Committee  did  on  the  15""  of  Jan- 
uary last  take  the  said  Petition  into  their  Consideration,  and  being 
informed  that  the  said  Act  was  under  the  Consideration  of  the  Lords 
Commissioners  for  Trade  &  Plantations  their  Lordships  thought  it 
proper  to  referr  the  said  Petition  to  the  said  Lords  Commissioners  to 
examine  into  the  same  together  with  the  said  Act,  which  they  have 
accordingly  done,  and  made  their  Report  thereupon  to  this  Committee, 
whereby  it  appears  that  the  said  Lords  Commissioners  have  been  attended 
upon  this  occasion  by  an  Agent  in  behalf  of  the  Petitioners  to  sollicit 
the  repeal  of  the  said  Act,  and  by  another  Agent  in  support  thereof,  but 
that  the  Agent  for  the  Petition"  was  not  able  to  prove  the  several  Alle- 
gations of  the  said  Petition  for  want  of  due  evidence,  and  had  therefore 
desired  that  the  necessary  Directions  might  be  given  for  transmitting 
such  Evidence  duly  authenticated  under  the  seal  of  the  Province.  And 
the  said  Lords  Commissioners  having  thereupon  proposed  that  a  Copy 
of  the  said  Complaint  should  be  transmitted  to  the  Governor  of  the 
said  Province  for  his  Answer,  and  that  the  necessary  Directions  should 
be  given  for  examining  Evidence  on  both  sides  as  likewise  for  trans- 
mitting authenticated  Copys  of  all  such  papers  as  should  be  judged  nec- 
essary in  this  Alfair 

The  Lords  of  the  Committee  upon  Consideration  thereof  are  hereby 
pleased  to  order  that  a  Copy  of  tlie  said  Petition  of  complaint  (which  is 
hereunto  annexed)  be  transmitted  to  Gabriel  Johnston  Esq"  Governor 
of  the  said  Province  who  is  hereby  required  to  return  to  this  Committee 
his  Answer  hereunto  in  writing  with  all  convenient  speed.  And  the 
Lordships  do  hereby  further  order  that  the  Complainants  or  their  Agents 
be  at  Liberty  to  take  Copys  of  all  records  in  any  of  the  Public  offices  in 
the  said  Province  touching  the  matters  comjijaincd  of  as  the  said  com- 


1162  COLONIAL  RECORDS. 


plainants  or  their  agents  shall  think  necessary  to  support  the  said  Peti- 
tion of  Complaint  and  that  the  same  be  delivered  to  the  Complainants 
or  their  Agents  signed  and  authenticated  in  the  usual  manner  under  the 
seal  of  the  Province  upon  paying  the  usual  Fees  for  the  same.  And 
that  free  Liberty  be  also  given  to  all  such  Persons  as  the  said  Complain- 
ants or  their  Agents  shall  name  as  also  to  all  such  Persons  as  the  said 
Governor  shall  name  to  make  Affidavits  before  the  Chief  Justice  and 
Judge  of  the  Court  of  Admiralty  of  the  said  Province  or  either  of  them 
of  what  they  know  touching  the  Premises  particularly  as  to  the  Practice 
of  the  said  Province  with  regard  to  a  Majority  of  the  Assembly's  being 
present  before  any  business  could  be  proceeded  upon,  and  likewise  with 
regard  to  the  number  of  Representatives  sent  by  each  of  the  Northern 
Countys  to  the  General  Assembly  from  the  yeai  1696  to  the  year  1746, 
and  that  such  Chief  Justice  and  Judge  of  the  Admiralty  Court  or  either 
of  them  do  summon  before  him  or  them  such  Persons  as  the  Complain- 
ants or  their  Agents  shall  name,  as  likewise  such  as  the  said  Governor 
shall  name,  and  take  their  Affidavits  and  examine  them  upon  such  in- 
terrogatorys  as  shall  be  exhibited  for  that  purpose,  which  the  said  Gov- 
ernor is  to  signify  to  the  said  Chief  Justice  and  Judge  of  the  Admiralty 
Court  as  soon  as  may  be.  And  that  the  Complainants  or  their  Agents  do 
deliver  unto  the  said  Governor  Copys  of  such  Affidavits  or  Depositions 
as  shall  be  made  or  taken  in  this  Matter  on  their  Part,  as  also  that  the 
said  Governor  do  deliver  unto  the  said  Complainants  or  their  Agents 
Copys  of  his  Answer  and  of  such  Affidavits  or  Depositions  as  shall  have 
been  likewise  made  on  his  part  within  the  space  of  three  months  after 
the  receipt  of  this  Order  As  also  that  within  tiiirty  days  after  receiving 
each  others  proofs  the  said  Governor  do  in  like  manner  exchange  with 
the  said  Complainants  or  their  Agents  the  replys  that  shall  be  made  by 
Affidavits  or  Depositions  before  they  be  transmitted  to  their  Lordships, 
and  that  the  whole  matter  be  returned  to  this  Committee  under  the  seal 
of  the  said  Province  within  the  space  of  six  months  from  the  time  that 
order  shall  be  served  upon  the  said  Governor  of  the  Province  of  North 
Carolina. 

And  their  Lordships  do  hereby  further  order  that  the  said  Government 
do  transmitt  to  this  Committee  the  Minutes  of  the  General  Assembly  of 
the  said  Province  in  November  1746  with  the  names  of  such  Members 
as  were  present  at  their  meeting,  the  names  of  such  as  were  sworn  after- 
wards, and  the  whole  number  present  during  the  continuance  of  that 
Session,  and  also  attested  Copys  of  some  of  tiie  writs  issued  for  calling 
Assemblys  antecedent  to  the  year  1736,  if  the  same  form  has  been  con- 
stantly observed,  and  if  there  has  been  any  variation  in  the  form  of  those 


COLONIAL  RECORDS.  1163 


writs,  then  to  send  copys  of  sucli  as  have  so  varied,  and  also  copys  of 
the  Returns  upon  such  Writs  together  with  a  copy  of  the  order  of  the 
Palatines  Court  in  the  year  1796  directing  five  members  to  be  chosen  for 
the  Northern  Countys.  And  that  the  same  be  properly  authenticated 
under  the  seal  of  the  said  Province  and  transmitted  at  the  same  time 
with  the  aforementioned  proofs  and  Depositions.  Whereof  the  said  Gov- 
ernor of  North  Carolina,  the  Chief  Justice,  and  Judge  of  the  Admiralty 
Court,  and  all  others  whom  it  may  concern,  are  to  take  notice  and  gov- 
ern themselves  accordingly.  W.  SHARPE. 


Edenton,  December  28'"  1748. 
My  Lords  [op  the  Board  of  Trade] 

I  had  the  Honour  of  your  Lordships  of  17""  of  June  last  a  few  days 
ago  in  which  you  have  been  pleased  to  inform  me  of  the  Petition  of  the 
Inhabitants  of  the  six  Counties  against  an  Act  of  Assembly  for  ascer- 
taining the  number  of  their  Members,  and  likewise  of  your  Report  to 
the  Committee,  proposing  that  I  be  directed  to  transmit  the  necessary 
evidence,  and  that  a  copy  of  the  said  Petition  be  sent  to  me,  and  that  I 
transmit  such  reasons  in  support  of  the  act  as  I  think  proper.  At  the 
same  time  your  Lordships  are  pleased  to  recommend  to  me  Dispatch,  that 
an  end  may  be  put  to  the  Confusion  in  which  the  Country  must  be 
necessarily  involved  on  this  occasion. 

I  am  fully  sensible  of  the  justness  and  kindness  of  this  Recommenda- 
tion; for  indeed  the  Country  is  in  great  Confusion  by  this,  affairs  being 
now  two  years  undetermined. 

I  should  not  have  delayed  one  Day  to  Answer  the  Complaint,  if  I 
had  been  served  with  a  Copy  of  it,  but  as  I  never  have  been,  it  is 
impossible  for  me  to  Answer  it.  Nay  I  am  certain  I  shall  not  be  served 
with  it  for  a  good  while  to  come,  for  the  Confusion  of  this  Province  (of 
which  your  Lordships  are  so  apprehensive)  is  what  the  Persons  who  are 
at  the  head  of  this  affair  find  their  account  in,  and  it  has  been  always 
their  Play  to  keep  things  in  that  way.  I  know  not  whether  by  the 
Rules  of  the  officers  there  is  a  time  limited  for  serving  Governors  with 
a  Copy  of  Complaints  and  for  them  to  give  in  their  answers,  but  it  will 
be  very  hard  if  these  People  go  on  to  keep  things  in  Disorder  by  jjost- 
poning  the  Execution  of  the  Order  of  Council. 

I  have  already  given  your  Lordships  my  Reasons  for  assenting  to  this 
Law,  I  have  likewise  scut  two  authentick  Affidavits  proving  that  their 
absence  from  the  Assembly  at  Wilmington  was  not  accidental  or  occa- 
sioned by  any  Difficulties  in  getting  to  the  Place  of  meeting,  but  pre- 
meditated and  designed.  And  if  your  Lordships  will  be  only  pleased  to 


1164  COLONIAL  RECORDS. 


consider  my  Situation  for  Twelve  Years  together  in  this  Place,  I  am  sure 
you  will  not  blame  my  conduct. 

At  every  Assembly  I  was  obliged  to  stay  Three  or  Four  Days  and 
often  a  week,  before  these  Gentlemen  thought  proper  to  attend,  And 
Four  times  I  was  obliged  to  dismiss  the  Assembly  without  opening  it, 
because  of  their  absence;  for  they  insisted  that  no  Assembly  could  pro- 
ceed to  Business  without  a  Majority  of  the  House  of  Burgesses,  and  they 
by  their  five  Members  constituted  this  Majority. 

I  have  more  than  once  overheard  them  when  things  were  not  going  to 
their  Mind  say,  Let  us  go  home  and  see  whether  the  Governour  Council 
and  rest  of  our  House  dare  do  anything  when  we  (without  whom  there 
can  be  no  Majority)  are  departed. 

At  last  by  a  previous  concert  they  Declared  openly  that  they  would 
not  obey  the  Prorogation  preceding  the  meeting  at  Wilmington. 

The  Members  of  the  other  Eleven  counties  and  Burgesses  for  Three 
Towus,  whose  Health  would  permit  them  to  attend  did  of  their  own 
accord  bring  in  a  Bill  for  Tegulating  Elections  and  for  preventing  these 
abuses  which  had  so  long  retarded  the  Settlement  of  this  unhappy  Prov- 
ince, His  Majesties  Council,  then  six  in  number  unanimously  approved  of 
it.  What  could  I  do  in  such  an  affair  when  the  People  themselves,  that  is. 
Eleven  Counties  out  of  Seventeen,  and  three  Boroughs  out  of  four, 
offered  to  me  a  Law  for  my  Assent,  which  prevented  the  Governour  & 
Council  from  continuing  Cyphers,  which  restored  the  Prerogative  of  the 
Crown  to  its  just  Weight  in  the  Legislature  and  secured  the  People  an 
Equal  Representative. 

I  sincerely  think  it  would  have  been  highly  Criminal  in  me,  if  I  had 
neglected  such  an  opportunity  or  hesitated  one  moment  to  give  my  assent 
to  such  a  Bill,  even  if  there  had  been  any  antiquated  Deed  or  Charter 
that  stood  in  the  way,  but  I  solemnly  protest  to  your  Lordships  that  tho' 
I  have  made  diligent  search  among  all  our  Records,  I  never  could  meet 
with  any  writing  of  that  nature,  and  am  firmly  persuaded  that  the  only 
Right  ever  had  for  five  Members  was  founded  on  the  Biennial  Law  long- 
ago  repealed  by  your  Lordships  Advice. 

I  have  wrote  all  this  not  as  an  Answer  to  any  Complaint  (tho'  1  may 
perhaps  take  the  Liberty  to  refer  to  this  if  I  am  ever  put  to  the  neces- 
sity of  Answering)  because  I  am  not  served  with  a  Copy  of  any.  But 
as  his  Majesty's  Governor  informing  your  Honourable  Board  (In  obedi- 
ence to  his  Majesty's  Instructions)  of  the  True  Reasons  for  my  assenting 
to  a  Bill  presented  to  me  regularly  by  both  Houses  of  Assembly,  and 
indeed  I  cannot  help  reconing  it  some  misfortune,  to  be  obliged  to  An- 
swer as  a  Criminal  for  doing  what  it  would  have  been  a  great  Crime  in 


COLONIAL  RECORDS.  1165 


me  to  neglect,  and  that  tlie  Artifices  of  those  Persons  who  have  always 
kept  this  Colony  in  confusion  should  have  been  so  successful  as  to  keep 
in  suspence  the  fate  of  a  Law  so  manifestly  calculated  for  doing  justice 
to  the  Crown,  and  for  the  ease  and  quiet  of  the  Subject;  and  if  your 
Lordships  Goodness,  does  not  prevent  them,  you  will  soon  observe  by 
their  conduct  that  they  will  endeavour  to  keep  Matters  in  this  Dubious 
state  for  years  to  come. 

I  shall  not  trouble  your  Lordsiiips  with  anything  more  on  this  Sub- 
ject at  Present,  only  beg  you  will  be  pleased  to  remember,  that  if  these 
six  Counties  are  allowed  to  send  five  Members  each  they  will  have  a 
Negative  upon  Governor,  Council  and  the  Representatives  of  eleven 
Counties  out  of  Seventeen,  and  three  Towns  out  of  Four.  This  is  una- 
voidable. 

Your  Lordships  will  see  by  the  Sequel  of  this  Letter  the  Reason  which 
has  hitherto  prevented  my  compleating  the  State  of  this  Colony  which  I 
promised  to  transmitt  to  your  Board  two  years  ago. 

I  am  sorry  that  the  miuutes  of  Council,  and  the  Loans  passed  within 
these  two  years  iiave  not  yet  been  Revived. 

I  have  sent  orders  to  the  Secretary  to  provide  a  fresh  Coppy  and  to 
send  it  me  by  Express  which  I  shall  not  fail  to  forward  with  my  Obser- 
vations upon  Them; 

We  have  got  several  good  Laws  which  I  am  sure  will  give  your  Lord- 
ships great  satisfaction,  &  which  we  should  never  have  obtained,  if  the 
overgrown  Majority  of  the  six  Counties  had  continued. 

There  was  only  one  more  Law  passed  in  that  Session  with  the  Law 
now  under  Debate;  That  was  an  Act  for  Building  of  Publick  offices  for 
Publick  Meetings  and  Keeping  of  Records;  This  Province  has  been 
very  unhappy  for  want  of  such  Buildings  ever  since  I  knew  it. 

The  Publick  Records  lye  in  a  miserable  condition  one  part  of  them  at 
Edenton  near  the  Virginia  Line  in  a  place  without  Lock  or  Key ;  a  great 
part  of  them  in  the  Secretarys  House  at  Cape  Fear  above  Two  Hundred 
Miles  Distance  from  the  other  Some  few  of  'em  at  the  Clerk  of  the 
Council's  House  at  Newbern,  so  that  in  whatever  part  of  the  Colony  a 
man  happens  to  be,  if  he  wants  to  consult  any  paper  or  record  he  must 
send  some  Hundred  of  Miles  before  he  can  come  at  it. 

Tho'  the  necessity  of  such  a  Law  must  appear  plain  to  everybody,  we 
have  not  yet  been  able  to  carry  it  into  Execution  by  reason  of  the  obsti- 
nacy of  the  Northern  Gentlemen,  who  declare  loudly  they  will  obey  no 
Law  until  the  Fate  of  that  relating  to  their  five  Members  be  Decided, 
and  they  have  been  hitherto  as  good  as  their  Word. 


1166  COLONIAL  RECORDS. 


They  treated  the  Kings  writt  for  calling  a  New  Assembly  with  the 
greatest  Contempt:  They  will  pay  no  Taxes,  and  tho'  they  do  not  appear 
in  Arms,  they  are  really  in  a  State  of  Civil  Rebellion. 

I  did  not  think  it  prudent  to  make  Use  of  any  Violent  or  Compul- 
sive Methods,  because  I  am  sure  that  whenever  this  Affair  is  determined 
at  Home  the  Tranquility  of  the  Province  will  be  restored  at  once,  and  I 
hope  it  will  not  be  long  now,  before  we  shall  be  acquainted  with  His 
Majesty's  Pleasure. 

There  is  also  an  Act  passed  for  revising  the  Laws  and  printing  tiiem, 
which  have  hitherto  been  scattered  about  in  very  sorry  and  incorrect 
Copys ;  An  Act  for  the  more  punctual  attendance  of  the  Members  of 
Both  Houses ;  One  for  appointing  James  Abercromby,  Agent  for  this 
Province :  One  for  building  two  Forts,  One  at  Ocacock,  and  another  at 
Cape  Fear;  and  one  for  Granting  a  Rent  Roll  to  his  Majesty  and  Lord 
Granville  with  several  others,  which  for  these  several  Years  I  have  been 
endeavouring  to  procure,  but  never  could  before. 

One  mighty  inconvenience  we  have  to  struggle  with  at  present  is, 
That  nobody  cares  to  lay  in  Provisions  for  Man  or  Horse  at  Newbcrn, 
tho'  it  is  the  most  central  and  fruitful  part  of  the  Province;  Such  pains 
are  taken  to  assure  the  People  that  the  Seat  of  Government  will  be 
removed,  when  tliey  get  their  five  Members  restored ;  But  nobody  cares 
for  advancing  Money  for  the  entertainment  of  the  Pnblick,  so  that  in  a 
fortnight  or  three  weeks  time,  we  are  obliged  to  seperate  for  want  of  the 
necessaries  of  Life.  Things  would  soon  take  another  Turn  if  this  point 
about  their  Members  was  Once  Determined.  The  present  Members  of 
Council  are:  Nath'  Rice,  Rob'  Halton,  Eleazor  Allen,  Mathew  Rowan, 
Edward  Moseley,  Roger  Moore,  Cullen  Pollock,  William  Forbes,  all 
residing  in  the  Province,  and  James  Murray  who  has  been  absent  three 
Years  without  Leave. 

Three  Members  have  died  since  my  being  in  the  Government  Viz' 
William  Smith,  Edmund  Porter  and  John  Baptist  Ashe;  I  have  recom- 
mended several  Gentlemen  on  former  occasions,  and  now  mention  the 
following  Gentlemen  to  supply  these  Vacancies  Viz'  James  Innes,  George 
Gould,  and  Thomas  Lovick.  I  shall  take  eare  to  observe  punctually 
every  Article  of  your  Directions  in  relation  to  Indigo. 

I  am  highly  indebted  to  your  Lordships  for  the  News  of  tlie  Cessa- 
tion of  Arms,  I  have  never  yet  received  the  Proclamation  of  a  Cessa- 
tion betwixt  Great  Britain  and  France.  That  betwixt  Great  Britain 
and  Spain  I  received  a  few  days  ago  and  have  iiad  it  published  with 
proper  solemnity. 

I  continue  with  the  greatest  respect,  &c., 
GAB:  JOHNSTON. 


COLONIAL  RECORDS.  1167 


At  the  Council  Cluimber  Wliiteliall  tlie  21"  of  November  1749. 
By  the  rigiit  Honourable  the  Lords  of  the  Committee  of  Council   for 

Plantation  affairs. 

Whereas  a  report  was  made  to  this  Committee  by  the  Lords  Commis- 
sioners for  Trade  and  Plantations,  on  the  24"^  of  May  1748,  upon  the 
Petition  of  Peter  Payne,  Mac''  Scarborough,  Simon  Bryan,  Caleb  Wil- 
son, Benjamin  Hill  and  Stevens  Lee,  in  behalf  of  themselves  and  the 
several  inhabitants  of  the  Precincts  or  Countys  of  Chowan,  Perquimons, 
Pasquotank,  Currotuck,  Bertie  and  Tyrrel  in  North  Carolina,  complain- 
ing of  an  Act  passed  in  that  Province  in  1746  entitled  "An  Act  for  the 
better  ascertaining  the  number  of  Members  to  be  chosen  for  the  several 
Counties  within  this  Province  to  sit  in  General  Assembly,  and  for  estab- 
lishing a  more  equal  representation  of  all  His  Majestie's  Subjects  in  the 
House  of  Burgesses."  *  *  *  *  Upon  consideration  of  which  re- 
port the  Lords  of  the  Committee  did,  on  the  4*  of  July  1748,  Order 
and  direct  as  follows  vizt: 

"That  a  Copy  of  the  said  Petition  of  Complaint  should  be  transmit- 
ted to  Gabriel  Johnston  Esq"  Governor  of  the  said  Province  requiring 
him  to  return  to  this  Committee  his  Answer  thereunto  in  writing  with 
all  convenient  speed ;  And  that  the  Complainants  or  their  Agents  should 
be  at  liberty  to  take  Copys  of  all  records  in  any  of  the  Public  Offices  in 
the  said  Province  touching  the  matters  Complained  of  as  the  said  Com- 
plainants or  their  Agents  should  think  necessary  to  support  the  said  Pe- 
tition of  Complaint,  &c. 

*  *  ^  *  *  *  4: 

And  Whereas  in  pursuance  of  the  afore  recited  Order,  two  Pacqnets 
of  Papers  have  been  transmitted  from  the  said  Province  and  laid  before 
this  Committee,  One  of  which  was  delivered  by  Mr.  Abercromby  Agent 
for  the  Governor,  containing  the  Answer  of  the  said  Governor  to  the 
Complaint,  as  likewise  the  Proofs  and  evidence  that  have  been  taken 
on  his  part;  And  the  other  Pacquet  by  Mr.  M'Culloh  on  behalf  of  the 
Petitioners  containing  the  Proofs  &  evidence  which  have  been  likewise 
taken  on  their  part 

It  is  therefore  hereby  ordered  by  this  Committee  that  all  the  said  Pa- 
pers be  transmitted  to  the  said  Lords  Commissioners  for  Trade  and 
Plantations,  that  they  may  proceed  in  the  examination  of  this  Affair, 
and  make  their  further  report  thereupon  to  this  Committee. 

W.  SHARP. 


1168  COLONIAL  RECORDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  94.] 

North  Carolina. 

This  Parcel  of  Papers  contains  all  the  Papers  left  at  the  Council  Office 
by  Mr.  M'CuUoh,  in  behalf  of  the  Complainants  against  Governor 
Johnston. 

Referred  to  this  Board,  by  the  Lords  of  the  Com'"'  of  Council ;  Order 
dated  y'  21"  Nov'  1749. 

[For  copy  of  complaint  see  ante  page  1158. — Editor.] 


Letter  of  Agency,  from  the  Complainants  within  named,  to  Wyriott 
Ormond  and  Thomas  Barker  Esq"  Dated  the  21°'  Jan"'^  1748. 
Whereas,  by  an  Order  of  the  Right  Honourable  the  Lords  of  the 
Committee  of  Council  for  Plantation  Affairs,  dated  at  Whitehall,  the 
fourteenth  day  of  July,  in  the  year  of  our  Lord  One  Thousand  Seven 
Hundred  &  Forty  Eight;  made  in  behalf  of  us,  and  the  several  Inhabi- 
tants of  the  Precincts  or  Counties  of  Chowan,  Perquimans,  Pasquotank, 
Currotuck,  Bertie  and  Tyrrell  in  North  Carolina,  upon  our  humble  Peti- 
tion, addressed  to  his  most  sacred  Majesty  in  Council 

It  is  among  other  things  ordered  by  "their  Lordships  that  the  Com^ 
plainants  or  their  Agents  be  at  liberty  to  take  Copys  of  all  Records  in 
any  of  the  Publick  Offices  in  the  said  Province,  touching  the  Matters 
complained  of,  as  the  said  Complainants  or  their  Agents  shall  think 
necessary  to  support  the  said  Petition  of  Complaint;  and  that  the  same 
be  delivered  to  the  Complainants  or  their  Agents,  signed  and  authenti- 
cated in  the  usual  manner,  under  the  Seal  of  the  Province;  and  also 
that  free  liberty  be  given  to  all  such  Persons  as  the  said  Complainants 
or  their  Agents  shall  name,  to  make  Affidavits  before  the  Chief  Justice 
and  Judge  of  the  Court  of  Admiralty  of  the  said  Province;  or  either 
of  them,  of  what  they  know  touching  the  Premi.ses,  particidarly  as  to 
the  practice  of  the  said  Province  with  regard  to  the  Majority  of  the 
Assemblys  being  present  before  any  Business  could  be  proceeded  upon  ; 
and  likewise  with  regard  to  the  Number  of  Representatives  sent  by  each 
of  the  Northern  Counties  to  the  General  Assembly,  from  the  Year  of 
our  Lord  one  Thousand  seven  hundred  and  forty  six  and  such  Chief 
Justice,  and  Judge  of  the  Admiralty  Court,  or  either  of  them,  do  sum- 
mon before  him  or  them,  such  Persons  as  the  Complainants,  or  their 
Agents  shall  name,  and  take  their  Affidavits,  and  examine  them  upon 
such  Interrogatives  as  shall  be  exhibited   for  that  purpose.     And  also 


COLONIAL  RECORDS.  l]69 


ordered  that  the  Comphunants  or  their  Agents  do  deliver  unto  the  Gov- 
ernotir  Copies  of  such  Affidavits  or  Depositions  as  shall  be  made  in 
behalf  of  the  said  Complainants.  Now  know  all  Men,  by  these  Presents, 
that  We  the  Complainants  in  the  said  Order  mentioned,  who  have  here- 
unto subscribed  our  Names  and  affixed  our  Seals,  do  hereby  constitute  and 
appoint  Wyriett  Ormond,  and  Thomas  Barker,  of  North  Carolina 
Esquires,  our  true  and  lawfull  Agents,  as  well  on  our  behalf  as  on  the 
part  and  in  behalf  of  the  several  Inhabitants  of  the  aforesaid  Counties 
to  act,  do,  and  transact,  all  and  singular  the  Matters  and  Things  herein 
before  set  forth,  and  all  and  every  Act  and  Acts,  Thing  and  Tilings, 
requisite  and  necessary  on  our  Parts  to  be  done  and  performed,  in  virtue 
of  the  said  Order  of  Council :  And  We,  the  said  Constituents  do  hereby 
give  and  grant  full  power  and  Authority  to  our  said  Agents,  to  Act  and 
do  all  Matters  and  Things  necessary  to  be  done  and  performed,  touching 
the  Premises,  as  fully  and  effectually  to  all  intents  and  purposes  what- 
soever as  We  ourselves  might  do  if  personally  present.  Hereby  ratifying 
and  confirming,  as  good  and  valid,  all  that  our  said  Agents  shall  do,  or 
cause  to  be  done,  in  and  about  the  Premises  altho'  the  Matter  should 
require  more  special  authority  than  is  herein  comprized. 

In  witness  whereof,  We,  the  said  Complainants  have  hereunto  set  our 
Hands  and  Seals,  the  Twenty  First  Day  of  January,  Anno  Dom :  1748. 

MA'  SCARBROUGH,  &  a  Seal. 

SIMON  BRYAN,  &  a  Seal. 

BENJ"  HILL,  &  a  Seal. 

STEVENS  LEE,  &  a  Seal. 

CALEB  WILSON,  &  a  Seal. 
Sealed  A  Delivered  in  Presence  of, 

Jos:  Anderson. 
April  19'M  749. 


The  Deposition  of  Francis  Forster  of  Perquimans  County  in  North 
Carolina,  Gentleman,  aged  about  ninety  years;  who  being  sworn  on  the 
Holy  Evangelists,  deposes  alid  saith,  that  he,  the  said  Deponent,  upwards 
of  sixty  years  ago,  was  chosen  a  Burgess  for  Perquimans  Precinct,  and 
that  he  and  four  other  Burgesses  represented  the  said  Precinct  in  the 
General  Assembly  of  North  Carolina,  &  that  he  the  said  Deponent 
served  the  said  Precinct  as  a  Burgess  for  several  Years;  and  this  Depo- 
nent furthur  saith,  that  he  was  appointed  a  Member  of  Council  when 
Thomas  Carey  Esq"  was  first  Governor  of  the  said  Province  and  that 
he  the  said  Deponent,  continued  to  be  a  Member  of  Council,  acted  as 
such,  and  was  conversant  in  the  Publick  Aifairs  of  the  Province  'till 


1170  COLONIAL  RECORDS. 


seven  of  the  Lords  Proprietors  had  conveyed  their  Estate  and  Interest 
in  the  Province  to  his  Majesty :  And  further  this  Deponent  saith  that 
the  said  Precinct  of  Perquimans,  and  likewise  the  Precincts,  now  called 
Countys  of  Chowan,  Pasquotank  &  Currituck,  ever  since  this  Depon' 
hath  known  the  Province  have  been  represented  in  the  General  Assem- 
bly by  Five  Burgesses  from  each  of  the  said  Precincts  or  Counties;  and 
that  he  never  knew,  nor  heard  their  right  to  such  a  Representation  con- 
tested or  called  in  Question,  'till  after  November  One  Thousand  seven 
hundred  and  forty  six :  and  further  this  Deponent  saith,  that  he  never 
knew  nor  heard  that  less  than  a  Majority  of  the  Members  of  the  House 
of  Burgesses  did  proceed  in  Publick  Business;  And  also  that  he  never 
knew  nor  heard,  that  any  new  Members  of  the  House  of  Burgesses  were 
ever  qualified  till  a  Majority  of  the  House  of  Burgesses  had  met  unless 
since  November,  One  Thousand  seven  iiundred  and  forty  six,  and  further 
saitli  not. 

Edenton,  14'"  April  1749. 


The  Deposition  of  John  Wynns  of  Bertie  County  Gentleman,  aged 
forty-one  years,  being  sworn  on  the  Holy  Evangelists,  Deposeth  and 
Saith,  that  ever  since  the  year  one  Thousand  seven  hundred  and  Twenty- 
nine,  he  the  said  Deponent  hath  been  acquainted  with  the  practise  and 
usuage  of  the  General  Assemby  of  North  Carolina,  &  that  the  several 
Precincts  now  called  Counties  in  that  part  of  the  said  Province  called 
Albemarle  were  always  till  November  one  thousand  seven  hundred  and 
forty  six  represented  in  the  said  Assembly  by  five  Burgesses  from  «ach 
of  the  said  Precincts  or  Counties,  except,  Edgcomb,  Bertie  Tyrrell  & 
Northampton  which  have  been  under  diiferent  Regulations  by  Acts  of 
Assembly,  and  that,  that  part  of  the  Province  called  Bath  County  was 
represented  in  the  General  Assembly  by  two  Burgesses  from  each  Precinct 
or  County,  and  further  this  Deponent  saith  that  the  Towns  of  Edenton, 
Bath  Town,  Newbern  and  Wilmington  have  been  represented  by  one 
Burgess  from  each  of  the  said  Towns,  and  this  Deponent  further  saith 
that  a  Majority  of  the  Burgesses  chosen  for  the  .several  Counties  and 
Towns  in  this  Province  hath  been  always  deemed  &  held  necessary  to 
make  a  Quorum  of  the  House  of  Burgesses,  and  that  he  never  knew  nor 
heard  that  less  than  such  a  Majority  of  the  Burgesses  ever  did  proceed  on 
Publick  Business  untill  November  one  thousand  seven  hundred  and  forty 
six,  and  this  Deponent  further  saith  that  he  hath  known  the  Governor 
■  because  there  hath  not  met  a  Majority  of  the  Members  of  the  House  of 
Burgesses  prorogue  the  Assembly  from  time  to  time,  till  such  a  Majority 
did  meet  and  sometimes  dissolved  them   for  the  same  reason,  and   this 


COLONIAL  RECORDS.  1171 


Deponent  furtlier  saith  that  lie  has  known  tlie  Governor  prorogue  the 
Assembly  several  times  when  there  has  been  more  than  twenty  of  the 
Burgesses  met,  and  gave  for  reason  in  his  Proclamation  for  the  Proroga- 
tion that  a  Majority  of  the  House  of  Burgesses  had  not  met,  and  par- 
ticularly in  the  year  one  thousand  seven  hundred  and  -forty  one  this 
Deponent  was  chosen  a  fifth  Burgess  for  Bertie  in  the  room  of  Thomas 
Bryant  deceased  and  went  to  Wilmington  in  September  the  same  year  to 
which  time  and  place  the  said  Assembly  had  been  prorogued  and  he  the 
said  Deponent  and  Mr.  John  Dawson  another  Burgess  for  Bertie  County 
were  delayed  in  their  Journey  by  Floods  of  Water  and  Freshes  in  the 
Rivers,  so  that  they  could  not  get  to  Wilmington  till  three  days  after  the 
time  to  which  the  Assembly  had  been  prorogued,  and  that  there  were 
met  when  this  Deponent  arrived  at  the  said  Town  of  W^ilmington, 
Twenty  one  Burgesses  besides  this  Deponent,  and  the  said  Dawson,  and 
the  same  day  being  Friday  the  Governor  prorogued  the  Assembly  till 
the  Monday  following  because  there  was  not  a  Majority  of  the  Burgesses 
met,  and  on  that  day  there  came  two  other  Burgesses  from  some  other  part 
of  the  Province,  with  which  as  soon  as  the  Governor  was  acquainted,  he 
ordered  the  House  to  attend  him,  made  a  Speech  and  recommended  sev- 
eral Publick  Affairs  to  their  Consideration :  &  this  Deponent  further 
saith  that  in  June  one  thousand  seven  hundred  &  forty  six,  two  new 
Counties  were  made  by  Act  of  Assembly,  to  wit  the  Counties  of  Granville 
and  Johnston  by  which  there  was  an  addition  of  four  Burgesses  more  than 
before  that  time  had  been  the  Representative  of  the  Province,  &  further 
this  Deponent  saith,  that  in  June  one  thousand  seven  hundred  and  forty 
six  at  Newbern  the  House  of  Burgesses  passed  a  Bill  for  fixing  the  place 
for  the  seat  of  Government  etc  three  Times,  &  appointed  Bath  Town  for 
the  Place  for  the  seat  of  Government  &  sent  the  said  Bill  to  the  Upper 
House  for  their  Concurrence,  and  the  Council  thereupon  sent  a  Message  to 
the  House  of  Burgesses  insisting  that  they  should  strike  out  Bath  Town 
and  incert  Newbern  in  the  room  thereof  upon  which  the  Question  was  put 
in  the  House  of  Burgesses  and  was  carried  in  the  Negative  whereupon 
the  Assembly  was  by  his  Excellency  the  Governor  prorogued  to  Wil- 
mington to  meet  in  November  following  and  further  this  Deponent  saith 
at  the  close  of  the  said  Session  held  in  June  one  Thousand  seven  hun- 
dred and  forty  six  he  this  Deponent  and  other  Burgesses  was  conversing 
with  Mathew  Rowan  Esq"  one  of  the  Members  of  his  Majesties  Council 
concerning  the  aifairs  of  the  Province,  &  that  the  said  Mr.  Rowan  said 
that  unless  the  Burgesses  would  consent  to  fix  the  seat  of  Government  at 
Newbern  they  might  depend  there  would  be  no  Business  done,  for  tho' 
the  Majority  of  the  Burgesses  lived  at  the  North,  the  Council  were  at 


1172  COLONIAL  RECORDS. 


the  South,  and  they  could  put  a  Negative.  And  this  Deponent  saith  that 
he  never  knew  of  any  Confederacy  among  the  Northern  Burgesses  not 
to  meet  at  Wihnington  in  November  one  Thousand  seven  hundred  and 
forty  six,  but  has  heard  several  of  them  complain  of  being  harassed  with 
frequent  Prorogations  to  distant  parts  especially  Wilmington,  and  that  all 
their  Designs  for  the  Publick  good  had  been  so  often  interrupted  by  the 
Council  because  the  Burgesses  would  not  settle  the  Seat  of  Government 
in  a  place  inconvenient  to  the  greatest  part  of  the  Inhabitants  of  the 
Province,  that  they  had  little  hopes  of  doing  any  good  for  their  Country 
by  going  at  that  time,  &  also  that  it  was  a  very  unseasonable  time  of  the 
year,  that  going  at  that  particular  time  would  be  of  great  prejudice  to 
them,  for  it  was  at  the  time  of  killing  their  Beef  and  the  Pork  season 
coming  on.  JN°  WYNNS. 

Edenton,  13'"  April,  1749. 


The  Deposition  of  Luke  Sumner  of  Perquimons  County  in  the  Province 
of  North  Carolina,  Merchant  aged  twenty  six  years,  who  being  duly 
sworn  on  the  Holy  Evangelist  Deposeth  and  Saith. 
That  at  a  Session  of  Assembly  held  at  Newbern  in  the  month  of  June 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  forty  six  he  this 
Deponent  attended  being  one  of  the  five  Burgesses  from  the  County  of 
Perquimons  and  at  that  time  a  Bill  passed  the  House  of  Burgesses  three 
times  for  fixing  a  place  for  the  seat  of  Government  etc,  and  that  the 
Place  therein  appointed  was  Bath  Town  in  the  County  of  Beaufort,  and 
after  the  said  Bill  had  had  the  third  reading  in  the  House  of  Burgesses, 
was  sent  up  to  the  Council,  the  Members  of  Council  sent  a  Message  to 
the  House  of  Burgesses  insisting  that  they  should  strike  out  Bath  Town 
and  insert  Newbern  in  the  room  thereof,  which  being  put  to  the  vote  was 
carried  in  the  Negative  whereupon  the  Assembly  was  prorogued  by  his 
Excellency  the  Governor  to  Wilmington  to  meet  the  November  follow- 
ing. And  this  Deponent  also  saith  that  the  latter  end  of  the  said  Session 
held  at  Newbern  in  the  year  of  our  Lord  one  Thousand  seven  hundred  and 
forty  six,  Mathew  Rowan  Esq"  one  of  the  Members  of  Council  address- 
ing himself  to  this  Deponent  and  several  other  Burgesses  then  and  there 
present  concerning  the  place  proper  to  fix  the  Seat  of  Government  said 
that  if  the  Burgesses  would  not  consent  to  fix  it  at  Newbern  they  might 
assure  themselves  there  would  be  no  Business  done  for  notwithstanding 
the  Majority  of  Burgesses  lived  towards  the  North  the  Council  lived  at 
the  South  and  they  could  put  a  Negative.  And  this  Deponent  further 
saith  that  Mr.  Rowan  also  said  the  Assembly  would  be  prorogued  either 
to  Wilmington  or  Brunswick  but  which  of  the  tM'O  Places  the  Council 


COLONIAL  RECORDS.  1173 


luul  not  then  agreed  on,  and  tliat  if  the  Burgesses  did  not  agree  to  fix  the 
Seat  of  Government  at  Newbern  they  would  have  the  pleasure  of  a 
journey  to  the  South  end  of  the  Province,  and  that  if  the  Council  could 
not  succeed  in  their  proposed  Measures  there  they  would  have  it  done  in 
England  in  spight  of  the  Burgesses.  And  this  Deponent  further  saith 
tliat  he  never  knew  of  any  agreement  among  the  Northern  Burgesses  not 
to  meet  at  Wilmington  in  November  one  Thousand  seven  hundred  and 
forty  six,  but  hath  often  heard  many  of  them  complain  of  being  greatly 
fatigued  and  tired  out  by  frequent  Prorogations  to  distant  parts  of  the 
Province  particularly  to  Wilmington  the  most  inconvenient  Place  that 
any  Assembly  had  theretofore  been  held  at  being  not  only  the  most 
Expensive  Town  in  the  Province.  And  that  their  Intentions  and  eixleav- 
ours  for  the  good  of  the  Publick  had  been  often  frustrated  by  the  Mem- 
bers of  Council  because  they  the  Burgesses  would  not  consent  to  fix  the 
seat  of  Government  at  a  place  altogether  inconvenient  to  the  greatest 
part  of  the  Inhabitants  of  this  Province,  and  further  that  it  was  a  very 
unseasonable  time  of  the  year  for  travelling  and  that  going  thither  would 
be  greatly  prejudicial  to  them  being  the  time  of  killing  their  Beef,  and 
the  Pork  season  coming  on.     And  further  this  Deponent  saith  not. 

LUKE  SUMNER. 
Edenton  15""  April  1749. 


The  Deposition  of  Abraham  Blackall  of  Eldenton  in  North  Carolina. 
Practitioner  in  Physic  and  chirurgery  being  forty  three  Years  of  age, 
and  duely  sworn  on  the  Holy  Evangelists,  deposeth  and  saith,  that  in 
the  year  of  our  Lord,  one  Thousand  seven  hundred  and  thirty  four,  he 
the  said  Deponent  received  a  Commission  from  his  Excellency  George 
Burrington  Esq"  tlien  Governor  of  North  Carolina,  constituting  and 
appointing  the  said  Deponent  Clerk  of  the  House  of  Burgesses  of  the 
said  Province,  and  that  he  the  said  Deponent  doth  very  well  remember 
that  five  Northern  Precincts  now  called  Counties  to  wit  the  Precincts  or 
Counties  of  Currotuck,  Pasquotank,  Perquimons,  Chowan  &  Bertie 
were  represented  by  five  Burgesses  in  the  General  Assembly  for  each 
Precinct  and  Tyrrell  Precinct  being  regulated  by  an  Act  of  Assembly 
made  for  that  purpose  sent  Representatives  in  proportion  to  their  Num- 
ber of  Tythables  sometimes  four  and  since  five  Burgesses  to  represent 
the  said  Precinct,  as  their  Tythables  increased,  and  at  the  same  time  the 
Southern  Precincts  were  allowed  to  send  but  two  Burgesses  for  eaeh  Pre- 
cinct or  County  and  this  Deponent  also  saith  that  the  House  of  Bur- 
gesses hath  been  prorogued  from  time  to  time  as  well  by  his  Excellency 
Gabriel  Jolinston  Esq"  the  present  Governor  of  this  Province  as  by  his 


1174  COLONIAL  RECORDS. 


Predecessor  the  said  George  Biirrington  Esq"  until  there  did  appear  a 
Majority  of  all  the  Burgesses  representing  the  whole  Province,  and  this 
Depon'  furthur  saith  that  he  never  knew  the  Members  qualify  until 
there  had  met  a  Majority  of  the  Burgesses  chosen  for  the  sev^eral  Towns 
and  Precincts  or  Counties  in  the  said  Province,  and  furthur  this  Deponent 
saith  that  he  was  chosen  a  Burgess  for  the  County  of  Chowan  in  the 
Year  one  Thousand  seven  hundred  &  thirty  nine  together  with  four  other 
Burgesses  for  the  said  County  and  that  he  and  the  other  Burgesses  afore- 
said were  Qualified  and  admitted  to  proceed  on  the  Piiblick  Business  of 
the  said  Province  by  virtue  of  a  Writt  issued  by  his  Excellency  the  said 
Gabriel  Johnston  Esq"  And  furthur  saith  that  the  above  practise  and 
nsuage  hath  been  constantly  followed  ever  since  the  said  Deponent  came 
into  this  Province  which  was  in  the  year  one  Thousand  seven  hundred 
and  thirty  untill  after  November  one  thousand  seven  hundred  and  forty 
six  And  furthur  this  Deponent  saith  that  tho  he  has  attended  at  several 
Sessions  of  Assembly  as  a  Burgess  for  the  said  County  of  Chowan  that 
he  never  once  heard  the  right  of  the  said  Counties  of  Currotnck,  Pas- 
quotank, Perquimans,  and  Chowan  to  send  iive  Burgesses'to  represent 
them  in  the  General  Assembly  called  in  Question  or  contested,  till  after 
November  one  Thousand  seven  hundred  and  forty-six  and  that  Tyrrell 
County  since  their  first  sending  five  Burgesses  always  continued  the  same 
Practise  till  November  one  Thousand  seven  hundred  and  forty  six,  and 
that  Bertie  Precinct  or  County  was  always  represented  by  five  Burgesses 
in  the  General  Assembly  till  other  ways  ordered  by  Act  of  Assembly. 
And  furthur  this  Deponent  saith  not. 

ABRAHAM  BLACKALL. 
Edenton  13  April  1749 


William  Heritage  of  Craven  County  in  the  Province  of  North  Caro- 
lina Gentleman,  aged  forty  two  years  or  thereabouts,  being  sworn  & 
examined  Deposeth  as  followeth  Viz' 

To  the  first  Interrogatory,  This  Deponent  saith  that  he  hath  acted  as 
Clerk  of  the  House  of  Burgesses  Ten  years  and  upwards. 

To  the  second  Interrogatory.  This  Deponent  saith  that  to  the  best  of  his 
Remembrance  the  number  of  Twenty  three,  Twenty  Four,  Twenty  five 
&  Twenty  six,  according  as  the  numbers  of  Counties  increased  were 
deemed  a  majority  in  the  House  of  Burgesses  before  they  proceeded  to 
Business. 

To  the  third  Interrogatory.  This  Deponent  saith  that  he  believes  that 
there  hath  been  Members  Qualified  before  there  was  a  Majority  of  the 
Members  met  to  make  a  House  of  Burgessses  before  November  one 
Thousand  seven  Hundred  and  forty  six. 


COLONIAL  RECOEDS.  1175 


To  tlie  fourtli  Interrogatory,  This  Deponent  saitli  that  Chowan,  Per- 
quimous,  Pasquotank,  and  Currituck  were  represented  by  five  Members 
each  till  November  one  thousand  seven  hundred  and  forty  six,  Bertie 
represented  by  five,  till  the  Division  of  that  County  and  since  by  three 
only,  and  Tyrrell  by  four  when  this  Deponent  was  first  Clerk  in  the 
year  one  thousand  seven  hundred  and  thirty  eight,  and  some  time  after 
by  five,  till  November  one  thousand  seven  hundred  and  forty  six. 

To  the  fifth  Interrogatory  This  Deponent  saith  that  the  said  Bill  men- 
tioned in  the  said  Interrogatory  did  pass  three  times  in  the  said  House 
by  a  Majority  and  that  Bath  Town  was  the  place  mentioned  in  the  said 
Bill  for  the  Seat  of  Government  and  keeping  Publick  offices  fi)r  ap- 
pointing Circuit  Courts  and  defraying  the  Expence  thereof  and  also  for 
Establishing  the  Courts  of  Justice  and  regulating  the  Proceedings 
therein  the  two  last  times  the  Bill  was  sent  to  the  Upper  House  but  be- 
lieves the  first  time  it  went  without  any  place  incerted  in  the  said  Bill. 

To  the  sixth  Interrogatory.  This  Deponent  saith  that  the  Members  of 
his  Majesty's  Council,  which  were  then  met  after  the  Bill  in  the  last 
Interrogatory  mentioned  had  been  read  three  times  in  the  House  of  Bur- 
gesses did  send  back  the  said  Bill  with  a  Message  to  the  House  of  Bur- 
gesses to  which  sa'd  Message  incerted  in  the  Journal  of  the  said  Session 
for  greater  certainty  this  Deponent  refers  and  the  question  was  put 
which  passed  in  the  Negative. 

To  the  seventh  Interrogatory,  This  Deponent  saith  that  the  Assemblv 
was  prorogued  to  Wilmingtou  without  doing  any  further  Business. 

To  the  eighth  Interrogatory,  this  Depouent  saith  that  there  were  eight 
Members  of  the  preceeding  Assembly  met  at  Wilmington  in  Conse- 
quence of  the  Prorogation  and  saith  that  seven  new  Members  were  then 
qualified,  John  Smith,  John  West,  William  Eaton,  John  Swann,  Thomas 
Clark,  Edward  Jones,  and  Caleb  Granger,  and  the  reason  why  their 
names  were  not  incerted  in  the  Journals  as  usual  he  doth  not  know,  Mr. 
Speaker  directed  the  method  of  meeting  to  be  entered  as  followeth,  (That 
the  Assembly  met  according  to  Prorogation.) 

To  the  ninth  Interrogatory,  this  Deponent  saith  that  it  hath  been  usual 
for  the  House  of  Burgesses,  w'hen  a  Member  dies,  to  acquaint  the  Gov- 
ernour  thereof  and  for  him  to  issue  a  Writt  of  Election  to  choose  a  new 
Member  in  the  room  of  the  Member  so  deceased,  but  whether  they  are 
returnable  forty  days  between  the  Date  of  such  Writts  &  return  thereof 
this  Deponent  saith  he  knoweth  not,  because  such  Writt  issues  out  of 
the  office  of  the  Clerk  of  the  Crown  &  are  generally  therein  returned. 

To  the  tenth  Interrogatory  this  Deponent  saith  that  he  believes  His 
Excellency  the  Governor  did  in  November  one  thousand  seven  hundred 


1176  COLONIAL  HECORDS. 


and  forty  six  issue  a  Writt  for  electing  a  Burgess  for  the  Town  of  Wil- 
mington in  the  room  of  Thomas  Clark  then  Deceased,  this  Deponent 
saith  he  doth  not  know  the  day  when  the  said  Writt  issued,  but  believes 
it  was  issued  at  the  request  of  the  House  of  Burgesses  then  met,  saith 
that  he  doth  not  know  how  many  days  were  between  the  Test  and  the 
return  of  the  said  Writt,  but  believes  there  were  not  above  six  days  and 
Caleb  Granger  was  thereupon  chosen  a  Burgess  for  the  said  Towji,  and 
on  or  about  the  sixth  day  after  the  request  above  said  the  said  Caleb 
Granger  was  qualified  and  took  his  Seat  accordingly. 

To  the  eleventh  Interrogatory,  this  Deponent  saith  that  at  the  passing 
the  Act  intituled  an  Act  for  the  better  ascertaining  the  Number  of  Mem- 
bers to  be  chosen  for  the  several  Counties  within  this  Province  to  sit  in 
General  Assembly  and  for  Establishing  a  more  equal  Representation  of 
all  his  Majesty's  Subjects  in  the  House  of  Burgess  all  the  Members  of 
that  Session  were  present  when  the  said  Bill  passed  three  times,  &  also 
at  the  Ratification  thereof  and  at  the  passing  the  Act  for  fixing  a  place 
for  the  seat  of  Government  three  times  in  both  Houses  all  the  Members 
were  present  but  afterwards  Mr.  John  Haywood  and  Mr.  Joseph  Howell 
absented  themselves  the  night  before  the  last  mentioned  Act  liad  received 
His  Excellency's  the  Governor's  Assent. 

To  the  twelfth  Interrogatory,  this  Deponent  saith  that  there  were 
fifteen  Members  present  at  the  passing  or  ratifying  the  Act  for  Ascer- 
taining the  Number  of  Members  to  be  chosen  for  the  several  Comities 
within  this  Province  te  sit  in  General  Assembly  and  for  Establishing  a 
more  equal  Representative  of  all  his  Majesty's  Subjects  in  the  House  of 
Burgesses,  and  that  there  were  thirteen  Members  present  at  the  passing 
the  Act  for  fixing  a  place  for  the  seat  of  Government,  and  for  Keeping 
Publick  offices  for  appointing  Circuit  Courts  and  Defraying  the  Expence 
thereof  and  also  for  Establishing  the  Courts  of  Justice  and  regulating 
the  Proceedings  therein.  W"  HERRITAGE. 


Richard  Lovett  of  Craven  County  in  the  Province  of  North  Carolina, 

Gentleman,  aged  thirty  eight  years  or  thereabouts,  being  sworn  & 

examined  Deposeth  and  saith,  as  followetli  Viz' 

To  the  first  Interrogatory  This  Deponent  saitii  that  he  was  Clerk  of 
the  Upper  House  in  the  Year  one  thousand  seven  hundred  &  forty  six. 

To  the  second  Interrogatory,  This  Deponent  saith  that  it  hath  been 
usual  for  five  Members  to  be  a  Quorum  of  the  Upper  House  to  pass 
Laws  and  that  there  were  five  Members  of  Council  present  at  the  pass- 
ing the  Act  intituled  an  Act  for  the  better  ascertaining  the  number  of 
Members  to  be  chosen  for  the  several  Counties  within  this  Province  to 


COLONIAL  RECOKDS.  1177 


wit  in  General  Assembly  and  Establishing  a  more  ecjual  Representative 
of  all  his  Majesty's  Snbjeets  in  the  House  of  Burgesses  to  wit  the  Hon- 
ourable Eleazer  Allen,  Mathew  Rowan,  Edward  Moseley,  Roger  Moore, 
and  William  Forbes. 

To  the  third  Interrogatory,  This  Deponent  saith  tiiat  the  five  Mem- 
bers last  before  mentioned  were  present  at  the  passing  the  Act  intituled 
An  Act  to  fix  a  place  for  the  seat  of  Government  and  for  keeping  Pub- 
lick  Offices  appointing  Circuit  Courts  and  Defraying  the  Expence  thereof, 
and  also  for  Establishing  the  Courts  of  Justice  and  for  regulating  the 
Proceedings  therein. 

To  the  fourth  Interrogatory  This  Deponent  saith  that  it  hath  been 
usual  for  the  House  of  Burgesses  to  Address  his  Excellency  the  Gov- 
ernor to  issue  a  Writt  to  Choose  a  new  Burgess,  and  hath  always  under- 
stood it  to  be  usual  Practise  when  au  Assembly  was  Dissolved,  and  upon 
a  new  Election  of  Burgesses  to  be  forty  days  between  the  issuing  the 
Writt  and  return  thereof;  And  saith  that  he  hath  heard  that  upon  the 
Deatii  of  a  Member,  at  the  next  Meeting  of  Assembly,  and  the  Gov- 
ernor addressed  thereupon  a  Writt  issues  as  this  Deponent  hath  heard 
returnable  immediate,  but  for  greater  certainty  this  Deponent  refers  to 
the  Writt. 

To  tiie  fifth  Interrogatory,  This  Deponent  saith  that  lie  believes  his 
Excellency  the  Governor  did  issue  a  Writt.  of  Election  to  choose  a  Bur- 
gess for  Wilmington  in  the  room  of  Mr.  Clark  deceased,  but  this  Depo- 
nent doth  not  know  at  whose  Instance  the  said  Writt  did  issue  nor  how 
many  days  were  between  the  Test  and  return  but  believes  the  same  issued 
as  usual,  and  hath  heard  that  a  Burgess  was  chosen  in  the  room  of 
Thomas  Clark  deceased.  R*  LOVETT. 

New  Bern  .5*  April  1749. 


The  Examination  of  James  Craven  of  Chowan  County  Esq"  aged 
thirty  nine  years,  taken  before  Mr.  Enoch  Hall  Esq"  Chief  Justice  of 
North  Carolina,  and  Joseph  Anderson  Esq"  Judge  of  the  Admiralty 
Court  of  tlie  said  Province,  by  virtue  of  an  Order  by  tlie  Right  Hon- 
ourable tiie  Lords  of  the  Committee  of  Council  for  Plantation  Affairs, 
Dated  the  14*  day  of  July  1748  at  the  Council  Chamber  Whitehall, 
taken  this  12*  day  of  April  1749. 
To  the  1"  Interrogatory  this  Deponent  saith,  that  he  was  a  Member 

of  the  House  of  Burgesses  before  the  Month  of  November  1746. 

To  the   2'"'  Interrogatory  this   Deponent  saith,  that  the  number  of 

Twenty  six  Burgesses  were  in  June  1746  deemed  and  held  to  be  a  Quo- 

rum  of  the  House  of  Burgesses. 

Vol.  4—116 


1178  COLONIAL  EECORDS. 


To  the  3'"''  Interrogatory  this  Deponent  saith  that  in  June  1746  the 
Governor  prorogued  the  Assembly  by  Proclamation  for  want  of  a 
Majority  and  that  he  hath  frequently  heard  that  that  hath  been  the  usual 
Practice. 

To  the  4""  Interrogatory  this  Deponent  saith,  that  during  the  time  this 
Deponent  was  a  Member  he  never  knew  less  than  a  Majority  of  the 
Burgesses  proceed  on  Publick  Business,  and  never  heard  it  was  done  till 
November  1746. 

To  the  5""  Interrogatory  this  Deponent  saith  that  he  doth  not  know 
that  there  were  more  than  two  Sessions  of  Assembly  called  and  held  in 
the  year  of  our  Lord  one  Thousand  seven  hundred  atid  ft)rty  six,  tlie  one 
in  June  and  the  other  in  November. 

To  the  6""  Interrogatory  this  Deponent  saith,  that  during  the  time  this 
Deponent  was  a  Member  he  doth  not  know  or  remember  that  any  of  the 
Burgesses  did  qualify  before  a  Majority  of  the  Members,  representing  all 
the  Precincts  or  Counties  and  Towns  in  this  Province  were  met. 

JA'  CRAVEN. 

Edenton  12'"  April  1749. 


The  Examination  of  Abraham  Duncan,  Inn-holder  at  Bath  taken  before 
Us  Enoch  Hall  Esq"  Chief  Justice  of  North  Carolina,  &  Joseph 
Anderson  Esq"  Judge  of  the  Admiralty  Court  of  the  s*  Province,  by 
Virtue  of  an  Order  of  the  Right  Honourable  the  Lords  of  the  Com**' 
of  Council  for  Plantation  Affiiirs,  dated  the  14*  Day  of  July  1747  at 
tlie  Council  Chamber  Wliitehall,  taken  this  13*  day  of  April  1749. 
To  the  1"  Interrogatory  tJiis  Deponent  saith,  that  his  Excellency 
Gabriel  Johnston  Esq'°  Governor  of  this  Province  put  up  at  this  Depo- 
nent's House  on  his  return  from  Wilmington  in  December  1746.' 

To  the  2"''  Interrogatory  this  Deponent  saith,  tliat  the  said  Governor 
stayed  at  this  De])onent's  House  ten  or  eleven  Days  by  reason  of  exceed- 
ing bad  weather  and  great  frosts  which  happened  in  December  1746. 

To  the  3'^  Interrogatory  this  Deponent  saith,  that  sundry  Gentlemen 
waited  on  liis  Excellency  during  his  stay  at  this  Deponents  House,  &  his 
Excellency  discoursed  with  these  Gentlemen  concerning  the  Laws  made 
at  Wilmington  and  seemed  to  recommend  them  as  good  Laws.' 

To  the  4"'  Interrogatory  this  Deponent  saith,  that  he  cannot  charge 
his  Memory  with  anything  toucliing  the  said  Interrogatory. 

To  the  5*  Interrogatory  this  Deponent  saith,  that  his  Excellency  said 
that  Haywood  &  Howell  liad  run  away,  and  if  they  had  not  run  away 
they  had  passed  another  Law.  ABRAH"  DUNCAN. 


COLONIAL  RECORDS.  117!» 


North  Carolina — .ss. 

By  his  Excellency  Gabriel  Johnston  Esq"  Hi.s  Majesty's  Captain  Gen- 
eral, Governor  and  Commander  in  Cliief  in  and  over  tlie  said  Rr<)v- 
iiice. 

A  Proclamation. 
Whereas  tlie  General  Assembly  of  this  Province  by  Virtue  uf  his 
Majesty's  Writts  of  Election  were  to  liave  met  at  Edenton  on  this  Day 
as  by  appointment  of  the  said  ^\iritts,  and  as  a  sufficient  number  of  his 
Majesty's  Hon*"'"  Council  have  not  met  according  to  the  appointmcut  of 
the  said  Writts 

I  do  hereby  prorogue  the  said  Assembly  to  the  ninth  tlay  of  this 
Instant  and  the  same  is  hereby  accordingly  prorogued  to  meet  at  Eden- 
ton. GAB:  JOHNSTON. 

Given  at  Edenton  the  eigiitii  day  of  March  An:  Doiu  :  1742.  by  his 
Excellency's  Command.  JAS:  CRAVEN   Dep:  Sec^ 

[Then  follow  two  other  prorogation  proclamations,  one  of  the  day 
after  the  above,  and  for  the  same  cause,  the  other  of  the  11th  June,  1746, 
for  want  of  a  sufficient  number  of  members  of  the  Lower  House  to 
transact  public  business. — Editor.] 

North  Carolina — ss. 

George  the  Second  by  the  Grace  of  God  King  of  Great  Britain,  Fiance 

and  Irelaufl,  Defender  of  the  Faith  etc 
To  the  Provost  Marshall  of  tlie  said  Province  or  iiis  Deputy,  Greeting- 
Wee  command  you  to  summon  all  the  Freeholders  Inhabitants  of 
Chowan  Precinct  Qualified  for  Election  of  Members  of  Assembly  to 
convene  at  the  Court  House  of  the  said  Precinct  on  Tuesday  the  first 
day  of  May  next.  Then  and  there  according  to  the  Direction  of  an  Act 
of  Assembl}'  Intituled  an  Act  I'elating  to  the  Bienniall  and  other  Assem- 
blys  in  regulating  Elections  and  Members,  To  choose  and  elect  five  Mem- 
bers of  Assembly  to  Advise,  Consult  and  Consent  to  and  with  us  about 
the  Arduous  and  great  Affiiirs  and  matters  of  our  Province  of  North 
Carolina  which  Members  so  Elected  you  are  to  summons  to  meet  at 
Edenton  on  Tuesday  the  third  day  of  July  next  to  sit  in  General  Assem- 
bly for  this  Province,  and  this  Precept  and  your  Execution  thereof,  you 
are  to  return  unto  us  at  the  tin:e  aijd  place  aforesaid  of  which  you  are 
not  to  fail.  Witness  our  Trusty  and  well  beloved  George  Burrington 
Esq"  Our  Governor  in  Chief  of  our  said  Province  under  his  hand  and 
seal  of  our  Colony  at  the  Council  Chamber  in  Edenton  the  SO""  day  of 
March  Anno  Dom.  1733  in  the  sixth  Year  of  our  Reign. 

GEO:  BURRINGTON. 


1180  COLONIAL  RECORDS. 


May  1"  1733  Was  elected  &  Chosen  in  the  Precinct  of  Chowan  Mem- 
bers of  the  House  of  Burgesses  to  sitt  in  the  Gen'  Assembly  for  this 
Government.  Coll"  Ed''  Moseley,  Col.  Henry  Boner,  Capt  Will"  Down- 
ing, Mr.  Cullen  Pollock,  Mr.  Edmund  Porter. 

Test  f  me  WILLIAM  MACKEY. 

[1.  Tlien  follow  similar  writs  of  same  date  and  returns  for  electing 
five  representatives  each  for  Perquimans,  Pasquotank  and  Currituck 
precincts;  2.  Also,  writs  dated  19th  June,  1736,  with  returns  for  the 
election  of  five  representatives  eacli  for  the  precincts  of  Chowan,  Per- 
quimans, Pasquotank,  Currituck  and  Bertie,  and  one  for  Tyrrell  county 
"to  clioose  so  many  persons  duly  qualified  to  represent  the  s**  Precinct  in 
Assembly  as  by  Law  they  are  entitled  to  send."  From  the  return  it 
appears  four  representatives  were  chosen. 

3.  Writ  for  Edgecombe  county,  dated  21st  November,  1739,  to  choose 
i-epresentatives  duly  qualified  to  sit  in  General  Assembly.  The  return 
shows  that  four  representatives  were  chosen. 

4.  Writ  for  Tyrrell,  dated  4th  July,  1744,  to  choose  representatives 
duly  qualified  to  sit  in  General  Assembly.    Four  members  were  returned. 

5.  Writs  dated  13th  March,  1745,  fi)r  Bertie,  Chowan,  Currituck, 
Edgecombe,  Perquimans,  Pasquotank  and  Tyrrell  counties  "to  choose 
representatives  duly  qualified  to  sit."  Five  members  were  returned  for 
each  of  the  counties  of  Chowan,  Currituck,  Perquimans,  PSsquotank 
and  Tyrrell.     Bertie  sent  three  and  Edgecombe  two  members. 

6.  Writ  dated  4th  November,  1746,  for  the  town  of  Wilmington  "to 
choose  a  representative."     One  member  returned. — Editok.] 

North  Carolina — ss. 

George  the  second  by  the  Grace  of  God  of  Great  Britain,  France  and 

Ireland  King  Defender  of  the  Faitli  etc. 
To  the  Slieritf  of  our  C'ounty  of  Chowan,  Greeting- 
Wee  C'omniand  yuu  that  you  summon  or  cause  to  be  summoned  the 
Freeiiolders  of  our  County  of  Chowan  afiresaid  to  meet  at  tlie  Court 
House  witiiin  our  said  County  on  tiie  third  day  of  February  next  then 
and  there  to  choose  two  Representatives  duly  Qualified  to  sit  in  General 
Assembly  wiiich  Representatives  so  chosen  you  are  required  to  summon 
to  meet  in  General  Assembly  to  be  iiolden  at  New  Bern  for  our  said 
Province  on  tlie  Twenty  fifth  day  of  the  said  Month  of  February  then 
and  there  to  consult  on  the  weighty  and  arduous  AflPairs  of  Government 
Herein  you  are  not  to  fail,  and  have  you  then  tSi  there  tliis  Writ  with 
your  Doings   tiierein     Witness  our  Trusty   and   well   beloved  Gabriel 


COLONIAL  RECORDS.  1181 


Johnston  Esq"  our  Governor  in  Chief  in  and  over  our  said  Province  at 
Wilmington  under  his  hand  and  seal  of  our  said  Province  tiie  5""  day 
of  December,  Anno  Dom :  174(5,  &  in  the  xx""  year  of  our  Reign 

GAB.  JOHNSTON. 

By  his  Excellency's  Command. 

R"  FoRSTER  Dep.  Scc^ 

In  obedience  to  the  within  Writt  I  summoned  the  Freeholders  of  the 
said  County  to  meet  at  the  time  and  Place  within  mentioned  to  choose 
two  Representatives  duly  Qualified  to  sit  in  General  Assembly,  who  at 
the  time  and  Place  aforesaid  met  and  proceeded  in  tiie  Election  until  the 
Pole  was  closed  and  examining  the  Tickets  found  that  every  Voter  in 
that  Election  instead  of  Electing  two  Representatives  had  unanimously 
on  equal  Votes  Elected  five  to  wit  John  Hodgson,  James  Craven,  John 
Benbury,  Thomas  Walton  and  Richard  Bond. 

-J-"'  ALSTON,  Sher. 

[Similar  writs  were  issued  to  Bertie,  Currituck,  Edgecombe,  Pasquo- 
tank, Perquimans  and  Tyrrell  counties.  There  is  no  return  for  Curri- 
tuck, and  the  writ  for  Tyrrell  reached  there  too  late  to  be  executed.  Tiie 
other  returns  were  endorsed  as  follows: — Editor.] 

Pursuant  to  the  within  Writt  have  summoned  the  Freeholders  [Bertie] 
who  accordingly  met,  and  insisted  notwithstanding  the  words  of  the 
Writt  they  had  a  Right  to  send  three  Rej)resentatives,  they  voted  for 
three  accordingly  which  are  Benjamin  Hill  by  one  hundred  and  twenty 
Votes,  James  M°Dowell  by  one  Hundred  and  six  Votes,  and  Thomas 
Barker  the  third  man  by  ninety  four  Votes,  which  the  Pole  hereunto 
annexed  will  make  appear. 

Given  under  my  hand  this  3"*  day  of  February  1746. 

THOMAS  WHITMELL  Sher. 

Pursuant  to  the  witliin  Writt  the  Freeholders  [Currituck]  met  at  the 
Court  House  aud  chose  five  Members  But  I  told  them  I  should  [return] 
but  two  according  to  the  Writt,  and  forthwith  I  proclaimed  Col°  Caleb 
Wilson  and  Col°  Henry  White,  and  the  Freeholders  Proclaimed  the 
otiier  Three,  which  is  Capt.  John  Lurry  Mr.  Josiah  Nicholson  and  Mr. 
Samuel  Simmons.     So  says  WILLIAM  SHERGOLD  Sher. 

In  obedience  to  the  within  Writt  I  summoned  the  Freeholders  of  the 
said  County  [Pasquotank]  to  meet  at  the  time  and  Place  within  men- 
tioned to  choose  two  Representatives  duly  Qualified  to  sit  in  General 
Assembly  who  at  the  time  and  Place  afores'*  met  and  Proceeded  in  the 
Election  until  the  Pole  was  closed  and  examining  the  Tickets  found  that 
every  Voter  in   that  Election  insteatl  of  Electing  two  Representatives 


1182  COLONIAL  RECORDS. 


had  unanimously  on  equal  Votes  elected  five  (to  wit)  John  Solley,  Wil- 
liam Williams,  James  Moi-gan,  George  Whitby,  Griffith  Jones. 

SAM'  HEIGHE  Sher. 

In  Obdience  to  the  within  Writt  I  summoned  the  Freeholders  of"  the 
said  Connty  [Perquimans]  to  meet  at  the  time  and  Place  within  men- 
tioned to  choose  two  Representatives  duly  Qualified  to  sit  in  General 
Assembly  who  at  the  time  and  Place  aforesaid  met  and  Proceeded  in  the 
Election  untill  the  Pole  was  closed  and  examining  the  Tickets  found 
that  every  Voter  in  that  Election  instead  of  Electing  two  Representa- 
tives had  unanimously  on  equal  votes  elected  five  (to  wit)  M°Rora  Scar- 
brough,  Thomas  Weeks,  John  Harvy  Joseph  Lutton  and  Jacob  Docton. 
NATHANIEL  CRUTHERS  Sher. 

By  virtue  of  the  within  writt  the  Freeholders  of  Tyrrell  County  met 
and  gave  their  Votes,  according  to  List  of  their  Votes  herewith  returned, 
and  as  [by]  the  Votes  for  Capt.  Stevens  Lee,  &  Capt.  William  Makee  & 
Capt.  Samuel  Spruell,  Mr.  William  Kenedy  Esq'"  and  Mr.  Thomas  Lee 
are  Elected,  I  do  herel)y  return  Capt.  Stevens  Lee  and  Capt.  William 
Makey  elected,  pursuant  to  tlie  said  Writt,  and  as  for  the  other  Three 
I  leave  to  the  Consideration  of  the  Gentlemen  of  the  General  Assembly. 

Given  in  return  by  me  EDMUND  SMITHWICK  Sher. 

North  Carolina — ss: 

George  the  Second    by  the  Grace  of  God  of  Great   Britain,  France  & 

Ireland  King  Defender  of  the  Faith  etc. 
To  the  Sheriff  of  our  County  of  Bertie — Greeting 

We  Command  you  that  you  summon  or  cause  to  be  summoned  the 
Freeholders  of  our  said  County  of  Bertie  aforesaid  to  meet  at  the  Court 
House,  within  our  said  County  on  the  eighth  day  of  September  next 
then  and  there  to  choose  two  Representatives  duly  Qualified  to  sit  in 
General  Assembly  &  no  more,  which  Representatives  so  chosen  you  are 
required  to  sumon  to  meet  in  General  Assembly  to  be  holden  at  New 
Bern  for  our  said  Province  on  the  Twenty  ninth  day  of  September  next, 
then  &  there  to  consult  on  the  weighty  &  arduous  Atfairs  of  Govern- 
ment. Herein  you  are  not  to  fail  and  have  you  then  &  there  this  Writt 
with  your  Doings  therein. 

Witness  our  Trusty  &  well   beloved  Gabriel  Johston  Esq"  our  Gov-  - 
ernor  in  Chief  in  &  over  our  said  Province  at  New  Bern  under  his  hand 
&  seal  of  our  said  Province  the  7"'  day  of  March  Anno  Dom.  1746,  & 
in  the  xx'"  year  of  our  Reign.  GAB.  JOHNSTON. 

By  his  Excellency's  Command. 
R''  FoRSTER  Dep.  Sec. 


COLONIAL  RECORDS.  1183 


Bektie  County — s.s. 

In  Obedience  to  the  within  Writ  I  have  summoned  the  Freeholders 
of  Bertie  County  who  met  accordingly  and  all  Refused  to  Vote  for  Rep- 
resentatives even  to  a  man  &  this  with  submission  I  return  under  my 
hand  the  24""  day  of  September  Anno  Domini.  1747. 

-JOHN  BROWN  Sher. 

[Similar  writs  issued  to  Chowan,  Pasquotank  and  Perquimans.  On 
each  writ  there  was  an  endorsement  that  "the  Freeholders  met  accord- 
ingly but  unanimously  refused  to  proceed  to  an  election  by  reason  that 
there  had  been  no  dissolution  of  the  Assembly  since  they  had  last  elected 
members  to  represent  them." — Editor'.] 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  96.] 

Answer  of  Gabriel  Johnston  Esq"  Governor  of  North  Carolina  to  the 

Petition  of  Peter  Payne  and  others. 
To  the  Right  Honourable  the  Lords  of  the  Committee  of  His  Majestie's 

Council  for  Plantation  Affairs. 

The  Answer  of  Gabriel  Johnston  Esq"  of  the  Province  of  North 
Carolina  to  the  Petition  of  the  Complaint  of  Peter  Payne  M°Roro  Scar- 
borough Simon  Bryan,  Caleb  Wilson,  Benjamin  Hill  and  Stevins  Lee 
against  the  passing  an  Act  entituled  an  Act  for  the  better  ascertaining  the 
Number  of  Members  to  be  chosen  for  the  several  Counties  within  this 
Province  to  sit  in  General  Assembly,  and  for  establishing  a  more  equal 
representation  of  all  His  Majestie's  Subjects  in  the  House  of  Burgesses. 

My  Lords, 

In  Obedience  to  your  Lordships  Order  of  the  14""  July  1748  deliv- 
ered him  by  one  of  the  Petitioners  the  21"  day  of  January  last.  The 
said  Governor  did  accordingly  on  the  22*  day  of  February  following 
serve  the  Chief  Justice,  and  Judge  of  the  Admiralty  with  a  Copy  thereof, 
and  at  the  same  time  signified  to  them  under  his  hand  that  your  Lord- 
ships said  Order  was  to  be  executed  on  the  28*  of  March  next.  The  day 
immediately  after  the  General  Court,  for  the  ease  and  conveniency  of  the 
Commissioners  therein  mentioned,  And  at  Newbern  as  being  most  cen- 
tral for  the  Parties  concerned,  to  the  intent  that  the  Petitioners  might 
have  timely  notice  and  Accordingly  Two  Agents  did  appear  in  behalf 
of  the  Petitioners  at  the  time  and  place  appointed,  But  they  refusing  to 
permit  the  Agents  of  the  said  Governor  to  be  present  at  any  examina- 


1184  COLONIAL  RECORDS. 


tioiis  taken  ou  their  parts,  or  to  be  present  themselves  at  such  as  were  pro- 
duced on  the  part  of  the  said  Governor,  altho'  often  summoned  and 
invited  thereto,  &  in  all  things  acting  in  the  most  secret  and  clandestine 
manner,  contrary  (as  the  said  Governor  apprehends)  to  the  true  intent  and 
meaning  of  your  Lordships  said  Order ;  and  the  said  Governor  being 
sensible  of  the  consequence  that  might  attend  such  hidden  practises  and 
examinations  Ex  Parte;  was  compelled  to  enter  a  protest  before  the 
said  Commissioners,  a  Copy  of  which  is  hereunto  annexed,  attested  by 
the  Chief  Justice  only  the  Judge  of  the  Admiralty  refusing  at  this  time 
to  set  liis  name  thereto.  And  although  some  Interrogatories  were  then 
and  there  taken  on  the  part  of  the  Petitioners  yet  the  said  Agents  also 
refused  copies  of  them  to  the  said  Governors  Agents  and  abruptly  left  the 
Place  wiien  your  Lordships  Commission  was  appointed  to  be  executed. 
Giving  the  Chief  Justice  notice  to  attend  at  other  times  and  places  for 
other  examinations  on  their  part;  A  Copy  of  which  is  hereunto  annexed. 
And  for  which  no  plea  has  been  made  or  reason  given.  In  as  much  as 
the  said  Governor  had  produced  evidences  on  his  part  at  Newbern  from 
the  same  Places,  to  which  the  Commission  is  desired  to  be  adjourned ;  A 
conduct  the  said  Governor  will  not  remark  upon,  but  submit  to  your 
Lordship's  Judgriient. 

For  answer  to  the  said  Petition  the  said  Governor  humbly  begs  leave 
to  say,  that  he  apprehends  he  has  not  in  passing  the  said  Law  now  in 
contest  broke  through  any  of  the  constitutions  of  the  late  Lords  Pro- 
prietors or  violated  any  of  the  Priviledges  the  Inhabitants  of  North 
Carolina  were  entitled  to,  as  is  insinuated  by  the  said  Petition  which  he 
humbly  hopes  will  appear  to  your  Lordships  from  the  following  con- 
siderations. 

1".  That  upon  the  arrival  of  the  said  Governor  in  tiiis  Province  in 
October  1734  he  found  the  people  in  possession  of  an  Act  of  Assembly 
of  this  Province,  Intitled  an  Act  relating  to  the  Biennial  and  other 
Assemblies,  and  regulating  Elections,  and  Members,  commonly  called 
the  Biennial  Law,  Whereby  it  was  among  other  things  enacted  that  the 
several  precincts  in  Albemarle  County  which  were  at  that  time  Four, 
should  send  five  Members  out  of  each  Precinct  to  the  General  Assembly, 
and  those  to  the  Southward  in  Bath  County  but  two,  These  Precincts 
being  of  large  extent  have  been  since  erected  into  Counties  by  their  sev- 
eral names,  and  Sheriffs  appointed,  more  agreable  to  the  Constitution  of 
Great  Brittaiu. 

By  this  Law  it  was  also  enacted  that  the  Freeholders  of  each  Precinct 
should  meet  in  September  Biennially  at  such  places  as  were  therein 
appointed,  to  choose  their  Representatives,  which  Representatives  were 


COLONIAL  RECORDS.  1185 


accordingly  to  convene  in  November  following  anil  tliis  withont  any 
Writt  or  Precept  for  that  Purpose  from  the  Governor  or  Palatine  Court, 
which  proceedings  as  they  seemed  to  clash  with  the  Royal  Prerogative 
were  the  reasons  for  which  (it  is  humbly  apprehended)  His  Majesty  in 
His  Great  Wisdom  thought  proper  to  repeal  the  said  Act;  and  which 
repeal  was  signified  to  the  said  Governor. 

2".  Although  it  plainly  appeared  to  the  said  Gov'  that  the  aljove  men- 
tioned Law,  while  it  subsisted  was  the  only  Ground  upon  which  the 
Inhabitants  of  Albemarle  County  (then  so  called)  could  claim  the  right 
now  in  contest  before  your  Lordships,  and  that  the  said  Governor  (as  he 
conceive-s)  would  have  been  justified  had  he  then  put  the  repeal  of  the 
said  Law  in  its  full  force  by  issuing  Writts  for  two  Members  only, 
throughout  the  whole  Province 

Yet  in  consideration  that  the  aflPairs  of  the  Province  were  at  that  time 
in  great  confusion  occasioned  by  tlie  said  Governor's  ardent  endeavours  to 
provide  a  rent  roll  to  his  Majesty  and  to  recover  a  large  arrear  of  Quit 
rents  then  due  to  the  Crown;  Botii  which  points  were  chiefly  obstructed 
by  these  very  Inhabitants  of  Albemarle  County,  and  in  which  two  of 
the  Petitionei's  were  deeply  concerned.  He  thought  it  the  most  prudent 
step  to  be  silent  on  that  subject  for  some  time,  at  least  till  these  affairs 
were  got  over  in  the  Assembly;  Only  with  this  caution,  that  as  before 
the  Repeal  of  the  said  Law,  the  Writts  of  Election  for  those  Countys 
directed  five  Members  to  be  chosen,  they  were  now  altered  and  the  words 
to  choose  Representatives,  leaving  the  number  indefinite,  have  always  since 
been  the  stile  of  them  as  will  appear  to  your  Lordships  by  Copys  of 
some  of  them  hereunto  annexed  ;  although  the  Petitioners  have  ventured 
to  assert  the  contrary. 

Such  a  Conduct  the  said  Governor  hopes  will  not  be  thought  blameable 
Avhile  the  ends  proposed  by  it  were  His  Majesty's  Interest  &  Service  and 
the  welfare  of  this  Province.  As  he  had  some  hopes  by  such  a  conni- 
vance, the  Assembly  might  in  some  time  be  brought  to  consider  those 
two  points  as  their  duty  and  act  agreable  thereto,  But  herein  My  Lords 
the  said  Govern'  had  the  mortification  to  find  himself  mistaken  The 
number  of  Members  sent  to  the  Assembly  from  Albemarle  County  were 
too  great  a  majority  for  the  rest  of  the  Countys  in  the  Province;  And 
that  majority  consisting  for  the  most  part  of  weak  and  ignorant  persons, 
conducted  &  governed  by  two  or  three  designing  men,  whose  custom  it 
was  to  perplex  and  confound  the  business  of  the  Assembly  in  such  a 
manner  as  to  render  abortive  almost  every  proposal  that  could  be  intro- 
duced for  the  settlement  of  the  Province  and  the  Publick  Utility,  unless 
they  might  reap  some  private  advantage  from  it. 


1186  COLONIAL  RECOEDS. 


Such  was  a  Law  for  regulating  the  Courts  of  justice  and  providing  a 
remedy  against  the  scandalous  practise  of  keeping  the  honest  Creditor 
out  of  his  right  for  some  years  even  in  the  plainest  cases;  a  Law  often 
attempted  and  as  often  defeated  till  at  last  it  was  brought  to  pass  at  the 
same  time  witii  that  whieii  is  now  become  the  subject  of  your  Ijordships 
enquiry. 

It  would  be  endless  my  Lords  to  enumerate  the  many  artifices  made 
use  of  by  these  Persons  for  this  purpose  and  some  of  them  very  par- 
ticular. 

It  was  usual  for  them  in  such  cases  to  break  the  House,  as  it  was 
called,  by  such  a  number  absenting  themselves  from  the  service' of  it  as 
not  to  leave  sufficient  to  proceed  on  business;  When  after  the  said  Gov- 
ernor &  His  Maj"""  Council  had  waited  some  days  for  their  return  he 
was  compelled  either  to  Prorogue  or  dissolve  them. 

This  was  put  in  practice  by  Beuj  :  Hill,  one  of  the  Petitioners  with 
some  others  in  November  1739,  as  appears  by  an  Affidavit  hereunto 
annexed. 

Ou  some  occasions  they  would  influence  the  House  of  representatives 
to  send  very  indecent  Messages  to  His  Majesty's  Council  while  sitting  as 
an  Upper  House  of  Assembly,  and  contrive  Papers  to  be  dropped  at  the 
door  of  the  Council  Chamber  signed  by  some  one  or  more  of  their 
Members  containing  threats  if  certain  favourite  Bills  of  theirs  were 
not  dispatched ;  An  instance  o-f  which  among  many  others  is  now  laid 
before  your  Lordships  properly  attested. 

His  Majesty's  Council  being  tired  ^yith  so  many  frequent  &  repeated 
Obstructions  to  the  Business  for  which  they  were  convened,  and  being 
well  convinced  from  what  source  this  evil  arose,  as  well  as  of  the  neces- 
sity of  putting  a  stop  (if  possible)  to  the  progress  of  it,  at  length 
resolved  to  enquire  in  the  strictest  manner  they  were  cai)able  of,  upon 
what  Grounds  a  Priviledge  of  sending  five  Members  to  the  Assembly 
for  the  Countys  in  Albemarle  was  founded,  besides  that  of  the  Biennial 
Law  which  was  repealed.  It  having  been  asserted  that  they  were  in  pos- 
session of  that  right  before  the  said  Law  was  passed,  by  the  Lords  Pro- 
prietors Charters  &  Constitutions  and  consequently  that  they  could  not 
he  divested  of  it. 

Accordingly,  two  Gentlemen  of  that  Board  were  desired  to  make  this 
inquisition,  who  after  examining  into  such  records  as  could  be  foimd,  as 
well  as  some  old  standers  in  the  Province  who  had  been  in  business  here 
for  thirty  or  forty  years  past,  reported  the  facts  (as  they  apprehended)  to 
be  as  contained  in  a  Memorial  which  the  majority  of  them  presented  to 
the  said  Governor  under  their  hands  the       day  of  July  1744,  An  attested 


COLONIAL  RECORDS.  1187 


Copy  of  which  is  liereunto  annexed,  And  humbly  submitted  tu  your 
Lordships  judgment. 

As  tiie  said  Governor  conceives  it  to  be  as  full  an  Answer  as  can  be 
given  to  the  charge  of  breaking  in  upon  the  Constitutions  of  this  Gov- 
ernment mentioned  in  tiie  Petition,  without  spending  your  Lordships 
time  in  a  dispute  whether  the  Charter  of  the  late  Lords  Proprietors  or 
the 'Order  of  1696  to  their  Governor  Archdale  (if  such  a  thing  there  be) 
will  be  of  sufficient  weight  with  your  Lordships  to  make  good  the  said 
charge 

What  remains  of  the  said  Petition  to  be  answered,  is  that  Paragraph 
of  it  wherein  the  said  Governor  is  charged  with  a  design  to  ensnare  and 
entrap  the  several  representatives  of  the  Northern  Countys  by  summon- 
ing the  Assembly  to  meet  at  Wilmington  the  20""  of  November  1746, 
(which  summoning  as  they  call  it)  was  a  regular  Prorogation  in  June 
preceding  from  Newbern  to  that  place,  as  by  the  royal  Prerogative  he 
might  well  do,  and  this  at  a  Season  of  the  year  extreamly  intemperate, 
many  broad  ferrys  to  pass,  and  those  ill  provided  with  boats,  whereby 
they  were  laid  under  a  disability  of  attending  &c.  To  all  which  as  well 
as  to  the  succeeding  parts  of  the  said  Paragraph  he  begs  leave  to  reply 

That  as  to  the  inclemency  of  the  season,  it  is  notorious  that  the  month 
of  November  is  in  this  climate  generally  one  of  the  most  temperate 
throughout  the  year;  and  it  is  to  be  observed  that  by  the  Biennial  Law 
before  mentioned  which  was  intended  to  be  perpetual  That  month  was 
fixed  for  the  meeting  of  Assembly  nor  can  it  be  supposed  that  the  said 
Governor  whose  residence  is  in  tiie  same  part  of  the  Province  with  the 
Petitioners  would  subject  himself  to  the  rigours  of  so  intemperate  a  sea- 
sou  and  the  danger  of  such  Ferrys  while  he  was  at  liberty  to  choose  a 
more  favourable. 

But  my  Lords  the  truth  of  this  matter  will  appear  by  the  Interroga- 
tories &  Affidavits  hereunto  annexed.  That  the  Inclemency  of  the  season 
and  the  length  of  the  Ferrys  were  not  the  true  reasons  for  their  disobe- 
dience to  the  said  Governors  Prorogation,,  but  a  fixed  and  determined 
resolution  and  combination  of  all  the  members  concerned  in  the  Petition 
to  put  in  practice  the  old  artifice  which  had  been  so  often  successful  of 
absenting  themselves,  &  thereby  breaking  the  house  as  they  call'd  it. 
That  this  resolution  was  taken  immediately  after  the  Prorogatiou  before 
mentioned.  And  it  is  observable  that  in  some  of  their  consultations  they 
made  use  of  such  language  as  does  not  seem  consistent  with  the  charac- 
ter of  dutyfull  &  loyall  subjects  nor  with  that  submission  to  His  Majes- 
ty's Orders,  and  Instructions  which  is  pretended  to  and  set  fortii  in  the 
Petition. 


1188  COLONIAL  EECORDS. 


To  the  last  part  of  this  Paragraph  of  the  Petition  the  said  Governor 
begs  leave  to  referr  to  the  Journals  of  both  Houses  hereunto  annexed, 
which  will  plainly  evince  to  your  Lordships  how  unfairly  the  Petitioners 
have  represented  that  fact,  and  upon  the  whole  how  ill  grounded  this 
part  of  the  Petition  is. 

From  this  short  state  of  the  case  the  said  Governor  humbly  hopes  it 
will  appear  to  your  Lordships  that  the  Inhabitants  of  the  Northern 
Countys  in  this  Province  had  no  other  right  of  sending  five  Members 
to  the  Assembly  than  the  Biennial  Law  before  mentioned.  That  if  any 
such  right  may  be  claimed  before  the  passing  of  that  Law  in  1715,  it 
must  be  included  in  the  said  Law  Since  a  right  by  Prescription  is  not 
pretended  to  be  pleaded.    ' 

That  the  Law  now  complained  of  was  passed  not  only  by  and  with 
the  advice  &  consent  of  His  Majesty's  Council  but  at  their  Instance,  as 
the  only  remedy  against  the  many  evils,  which  from  long  experience  they 
had  found  to  attend  such  an  inequality  in  the  representative  Bckly  of 
this  Province  as  before  subsisted. 

Lastly  the  said  Governor  begs  leave  to  say  that  he  esteems  himself  happy 
in  that  after  fourteen  years  administration  in  this  Government,  amidst 
the  tumults  and  disorders  of  a  rude  and  undisciplined  people,  no  charge 
of  disobedience  to  His  Majesty,  No  act  of  extortion,  oppression  or  vio- 
lence, has  been  the  subject  of  any  complaint  against  him;  And  tliat  how- 
ever your  Lordships  in  your  wisdom  shall  judge  of  this  matter,  it  is 
plain  that  the  passing  this  Law  has  produced  all  the  effects,  that  were 
expected  or  desired  from  it  here;  since  which  time  many  wholesome  and 
beneficial  laws  have  passed  which  the  Petitioners  themselves  and  their 
Adherents  do  not  deny  to  be  such. 

The  due  and  speedy  administration  of  justice  provided  for  A  rent  roll 
given  to  His  Majesty  and  Lord  Granville,  and  the  method  of  recovering 
Quit  rents  ascertained.  The  Laws  of  the  Province,  before  a  dead  letter, 
now  ordered  to  be  revised,  printed  &  published ;  Harmony  and  Concord 
seem  to  be  established  among  the  several  Branches  of  the  Legislature. 
The  Publick  Business  is  carried  on  with  order  &  decency,  and  the  whole 
Province  begins  to  emerge  out  of  that  confusion  it  had  so  long  laboured 
under. 

All  which  is  humbly  submitted. 

GAB.  JOHNSTON. 


COLONIAL  RECORDS.  1189 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  11.  B.  81.] 

North  Carolina — Bertie  County — ss. 

This  clay  came  before  nie  George  Gould  Esq"  one  of  his  Majesties 
Justices  of  the  peace  for  the  County  aforesaid  John  Lovick  Gentleman 
and  being  sworn  on  the  Holy  Evangelists  Deposeth  and  saith  that  on 
or  about  the  Twenty  ninth  day  of  October  in  the  year  of  our  Lord  one 
Thousand  seven  hundred  and  forty  six  being  in  company  with  Wherriot 
Orraond  Esq"  of  the  County  of  Beaufort,  one  of  the  Members  of  Assem- 
bly at  that  time  at  Edenhouse  his  Excellency  Gabriel  Johnston  Esq" 
then  and  there  present,  he  heard  the  said  Ormond  ask  the  Governor 
whether  he  designed  to  go  to  the  Assembly  at  Wilmington  or  not,  the 
Governor  replied  yes;  Mr.  Ormond  upon  that  said  he  believed  t' would 
be  to  no  purpose,  for  that  the  Northei'n  Members  declared  at  the  end  of 
the  last  Assembly  at  Newbern  that  not  one  of  them  would  attend  at 
Wilmington  if  the  Governor  should  order  the  Assembly  there,  but  that 
if  his  Excellency  would  alter  the  appointment  of  the  Assembly  from 
Wilmington  to  Newbern,  the  Northern  Members  would  all  attend  and 
do  business  to  his  Excellencys  satisfaction,  for  which  he  would  be  answer- 
able. That  he  heard  the  Governor  tell  Mr.  Ormond  that  it  would  be  to 
his  Majesty's  service  to  have  the  aforesaid  Assembly  held  at  Wilmington, 
and  that  he  was  resolved  to  go,  whether  the  Northern  Members  attended 
or  not.  etc.  J""  LOVICK. 

The  Deposition  of  Samuel  Swann  being  of  full  age  duely  sworn  on  the 

Holy  Evangelists  of  Almighty  God. 

This  Deponent  deposeth  and  .saith  that  sometime  about  the  last  of 
October  in  the  year  of  our  Lord  one  Thou.sand  seven  hundred  &  forty 
six,  This  Deponent  being  at  the  general  Court  then  held  at  Edenton  and 
observing  that  several  of  the  Members  of  the  General  Assembly  for  that 
part  of  the  Province  were  caballing  together  as  he  understood  to  come 
to  an  agreement  among  themselves  not  to  go  to  the  General  Assembly 
which  then  stood  prorogued  to  the  third  Tuesday  in  November  to  meet 
at  Wilmington,  and  on  conversing  with  one  Mr.  Peter  Payne  a'Member 
of  the  General  Assembly  chosen  by  Chowan  County  on  the  subject  of 
the  Assembly's  meeting  at  Wilmington  aforesaid,  the  said  Mr.  Peter 
Payne  told  this  Deponent  that  he  believed  there  would  be  no  Assembly, 
for  that  a  Majority  of  the  Members  of  the  said  Assembly  had  agreed 
among  themselves  not  to  attend  at  Wilmington.  And  further  this 
Deponent  saith  that  after  the  Disolution  of  that  Assembly  he  was  t(jld 


11 5(0  COLONIAL  RECORDS. 


by  several  of  the  said  Members  that  the  reason  of  their  not  going  to  the 
said  Assembly  was  that  they  understood  this  Deponent  was  Speaker  of 
the  said  Assembly  would  not  proceed  of  Business  with  a  less  number 
than  a  Majority  of  the  wiiole  Members.  And  further  this  Deponent 
saith  not.  SAMUEL  SWANN. 

North  Carolina. 

Katherine  Rutledge  wife  of  Nicholas  Rutledge  late  of  New  Bern 
Victualler  on  her  Oath  on  the  Holy  Evangelist  taken  saith — 

Tiiat  in  November  1739  when  the  Assembly  was  held  at  New-Bern 
her  Husband  and  she  kept  an  House  of  Entertainment  in  the  said  Town, 
That  some  of  the  Burgesses  particularly  .James  Craven  Esq''"  Mr.  White 
and  Mr.  Shergold  with  others  generally  used  their  House  that  she  under- 
stood that  the  Assembly  was  broke  up  by  means  of  some  of  the  Mem- 
bers withdrawing  and  absconding  in  the  Bushes  from  whence  it  was  usu- 
ally called  the  Bush  assembly.  And  that  she  often  heard  the  assemblymen 
that  used  their  House  talk  that  they  would  not  consent  to  the  removing 
the  Publick  Business  or  seat  of  Government  from  Edenton.  That  she 
frequently  heard  divers  of  the  Northern  Members  of  the  Assembly  held 
at  Newbern  June  1746  speak  both  before  and  after  the  Assembly  was 
Prorogued  to  Wilmington  that  they  would  not  go  thither. 

her 

CATHERINE   X   ROUTLEDGE 

mark 

North  Carolina — ss. 

James  Durham  of  New  Bern  in  Craven  County  in  the  Province  of  North 
Carolina  Door-keeper  to  the  House  of  Assembly  maketh  Oath  that  he  was 
Door-keeper  to  the  House  of  Assembly  held  at  Newbern  in  June  one  thou- 
sand seven  hundred  and  forty  six  and  Mr.  Samuel  Spruel  Mr.  Edward 
Phelps  Mr.  William  Burgess  and  that  Mr.  William  Williams  all  Members 
of  the  said  assembly  lodged  at  this  deponents  House  and  that  in  a  few  days 
before  the  end  of  the  session  of  the  said  Assembly  this  Deponent  heard 
it  talked  among  the  Members  that  they  apprehended  the  said  Assembly 
would  be  prorogued  to  Wilmington  at  Cape  Fear  and  the  evening  before 
the  day  of  the  said  Assembly  was  prorogued  as  near  as  this  Deponent 
can  remember  he  was  passing  along  the  Streets  of  New-Bern  and  saw 
Mr.  John  Hodgson,  Mr.  Benjamin  Hill  with  a  great  number  of  the 
Northern  Members  of  Assembly  (as  he  afterwards  found)  standing 
in  a  crowd  pretty  close  together  and  heard  them  talking  about  the  As- 
sembly's being  to  be  prorogued  to  Cape  Fear,  and  on  hearing  of  which  this 
Deponent  made  a  stop  very  near  them,  and  heard  them  consult  and  agree 


COLONIAL  RECORDS.  11 91 


tliat  it'  the  Assembly  slioiild  he  prorogued  to  Cape  Fear  they  would  not 
go  to  meet  or  attend  the  Assembly  there  and  that  they  would  endeavour 
to  perswade  the  rest  of  the  Members  who  lived  to  the  Northern  of 
Pamplico  River  not  to  go  and  that  then  there  would  not  be  Members 
enough  at  the  Assembly  that  should  be  held  at  Cape  Fear  to  make  a 
house  to  proceed  on  Business. 

And  this  deponent  further  maketh  oath  that  after  the  said  Assembly 
was  prorogued  to  Wilmington  at  Cape  Fear  he  was  told  by  several  of 
the  Gentlemen  Members  of  the  Assembly  first  mentioned  who  lodged  at 
his  House  that  they  nor  any  of  the  Northern  Members  of  Assembly 
would  go  to  Cape  Fear  to  meet  any  Assembly  at  all  there  and  that  after- 
wards this  Deponent  heard  that  an  Assembly  Was  held  at  Wilmington  in 
New  Hanover  County  according  to  the  Prorogation  and  that  none  of  the 
Members  of  Assembly  for  the  Counties  of  Currituck  Pasquotank  Per- 
fjuimons  Chowan  Tyrel  or  Bertie  went  to  Cape  Fear  to  attend  the  said 
Assembly     And  further  this  Deponent  saith  not. 

JAMES  DURHAM. 

North  Carolina. 

Nicholas  Rutledge  late  of  New-Bern  Victualler  on  his  Oath  on  the  Holy 

Evangelist  Taken  saith — 

That  in  June  1746  when  the  Assembly  was  held  at  New  Bern  he  was 
generally  in  Town  and  especially  when  the  Assembly  was  prorogued  to 
Wilmington  which  Prorogation  he  heard  the  Governor  pronounce — 
That  on  its  being  imagined  that  the  Assembly  would  be  prorogued  to 
Wilmington,  he  heard  divers  of  the  Members  talk  thereon  particularly 
John  Hodgson  and  James  Craven  Esq"  with  divers  others  who  spoke 
to  this  effect.  That  if  the  Assembly  was  to  meet  at  Wilmington  they 
would  not  go,  that  there  could  be  no  Assembly  for  they  (as  he  under- 
stood the  Northern  Members)  were  the  Majority 

And  this  Deponent  further  saith  that  taking  notice  that  Mr.  John 
Wynn  one  of  the  Northern  Members  seeming  to  be  very  angry  about  the 
Assembly  being  to  meet  at  Wilmington  he  asked  Mr.  Wynn  the  reason 
why  he  would  not  consent  to  do  the  publick  business,  to  which  he 
answered  you  can  do  nothing  without  us  (meaning  as  he  apprehended 
the  Northern  Members)  We  have  you  under  our  Thumb,  or  to  that 
purpose.  .  NICH"  ROUTLEDGE. 

North  Carolina — ss. 

.John  Berry  of  Craven  County  in  the  Province  of  North  Carolina 
maketh  Oath,  tiiat  in  the  Montii  of  June,  one  thousand  seven  hundred 


1192  COLONIAL  RECORDS. 


and  forty  six,  he  dwelt  on  the  road  between  New-Bern  and  Bath  Town 
and  kept  a  Tavern  on  the  said  road  that  one  Mr.  Samuel  Spruel  and  Mr. 
Edward  Phelps  two  of  the  Members  of  Assembly  for  Tyrel  County 
called  at  this  Deponents  House  in  their  return  from  the  Assembly  that 
had  just  been  held  at  New  Bern,  and  Mr.  Spruel  told  this  Deponent  that 
the  Assembly  was  prorogued  to  Wilmington  at  Cape  Fear  and  said  that 
the  Governour  might  go  and  come  back  as  he  went  for  we  meaning  as  this 
Deponent  understood  him  the  Northern  Members  shant  wait  upon  him 
so  far,  at  which  Mr.  Phelps  laughed  but  did  not  say  anything  and  further 
this  Deponent  saith  not.  JOHN  BERRY. 

North  Carolina — ss. 

Benjamin  Fordham  of  New  Bern  in  the  County  of  Craven  and  Prov- 
ince of  North  Carolina  maketh  oath  that  he  was  messenger  to  the  house 
of  Assembly  at  the  session  held  at  New  Bern  some  time  in  June  one 
thousand  seven  hundred  and  forty  six  and  that  a  day  or  two  before  the 
said  Assembly  was  prorogued  he  heard  it  talked  by  Mr.  Benjamin  Pey- 
ton and  Mr.  Samuel  Sinclare  and  several  other  Members  of  the  House 
of  Assembly,  that  they  apprehended  that  the  Assembly  would  be  pro- 
rogued to  Wilmington  at  Cape  Fear,  and  that  the  said  Members  did  in 
the  hearing  of  this  Deponent  consult  and  agree  among  themselves  not  to 
go  to  the  Assembly  if  it  should  be  prorogued  to  Wilmington  aforesaid 
and  said  that  if  they  the  Northern  Members  would  agree  not  to  goe 
there  vvoidd  not  be  Members  enough  to  make  a  house,  and  that  then  there 
could  not  be  any  Assembly  held  at  Wilmington,  and  this  Deponent  fur- 
ther maketh  oath  that  in  passing  to  and  fro'  among  the  Members  of  that 
Assembly  he  often  saw  them  in  clubs  or  companies  and  heard  them  talk- 
ing and  consulting  not  to  go  the  Assembly  if  it  should  be  prorogued  to 
Wilmington  but  that  he  cant  charge  his  memory  with  the  particular 
names  of  the  Members  who  were  in  company  at  the  several  times,  when 
he  see  and  heard  them  consulting  and  talking  not  to  go  as  aforesaid  to 
Wilmington  (except  those  above  mentioned)  this  Deponent  not  expecting 
to  be  called  upon  or  examined  on  the  alfair,  did  not  give  any  great  atten- 
tion to  what  he  see  and  heard  and  further  this  Deponent  maketh  oath 
that  he  was  present  and  heard  that  Assembly  prorogued  by  his  Excel- 
lency Gabriel  Johnston  Esq"  Governour  in  Council  to  Wilmington  at 
Cape  Fear  to  meet  in  November  then  next  ensuing,  that  he  heard  it 
afterwards  generally  talked  tliat  an  Assembly  was  held  there  agreable  to 
the  said  Prorogation  and  that  the  Northern  Members  in  general  did  not 
go  to  the  said  Assembly     and  furtlier  this  Deponent  saitii  not 

BENJAMIN  FORDHAM. 


COLONIAL  RECORDS.  1193 


North  Carolina — ss. 

John  Toer  of  Ne\v-]5ern  in  the  County  of  Craven  in  the  Province  of 
Nortli  Carolina  maketh  oath  That  he  was  at  New  Bern  in  the  month  of 
June  one  thousand  seven  hundred  and  forty  six  that  the  day  the  Assem- 
bly was  prorogued  to  Wilmington  at  Cape  Fear  in  New  Hanover  County 
he  saw  several  of  the  Members  at  the  Court  House  door  where  the 
Assembly  had  sat — heard  them  talking  among  themselves  and  saying 
they  would  not  go  to  Wilmington  to  attend  the  Assembly  there  but  that 
this  Deponent  did.  not  know  any  of  their  names  being  a  stranger  to  them 
all,     and  further  this  Deponent  saith  not.  JOHN  TEER. 

North  Carolina — ss. 

George  Johnston  of  Tyrel  County  in  the  Province  of  Nortii  Carolina 
Bricklayer  maketh  oath  that  he  was  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  forty  six  in  the  month  of  October  at  Edeuton 
before  the  meeting  of  the  Assembly  that  stood  then  prorogued  to  Wil- 
mington at  Cape  Fear  in  New  Hanover  County  and  heard  it  talked  and 
consulted  between  Mr.  John  Hodgson  Mr.  James  Craven  Mr.  John  Ban- 
bury Mr.  Steplien  Lee  Mr.  James  Blount  and  Mr.  William  M°Kay  (the 
four  last  being  Members  for  Tyrel  County)  not  to  go  or  attend  at  the 
said  Assembly  to  be  held  at  Wilmington  and  after  having  severally 
declared  they  would  not  go  Mr.  Hodgson  said  if  we  dont  go  nor  any  of 
the  Northern  Members  by  God  there  can't  be  a  House  and  they  must 
come'back  again  ;  meaning  as  this  Deponent  understood  the  Goveruour 
and  such  Members  of  the  other  counties  that  should  go  to  the  said  As- 
sembly,    and  further  this  Deponent  saith  not. 

GEORGE  JOHNSTON. 

North  Carolina. 

Bridget  Arthur  of  Craven  County  in  the  Province  of  North  Carolina 
maketh  oath  that  in  the  month  of  June  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  forty  six,  her  husband  John  Arthur  kept  a 
Tavern  and  also  a  Ferry  over  Neuse  River  near  New  Bern  Town  over 
which  many  of  the  Members  of  the  Assembly  of  the  Northern  Countys 
of  this  Province  came  and  returned  in  their  way  to  and  from  an  assem- 
bly that  was  held  in  the  said  month  and  year  at  New  Bern,  that  Mr. 
Benjamin  Hill,  Mr.  John  Hodgson,  Mr.  James  M°Dowall,  Mr.  James 
Craven,  Mr.  Lee,  Mr.  Benjamin  Peyton  and  several  others  members  of 
Assembly  as  this  Deponent  was  informed  they  were  whose  names  were 
unknown  to  this  Deponent  came  over  the  Ferry  in  their  way  to  New 
Bern  to  meet  at  the  said  Assembly  and  seemed  very  much  out  of  temper 
or  angry  that  they  should  be  called  to  meet  an  Assembly  at  Newbern, 


1194  COLONIAL  RECORDS. 


and  Mr.  John  Hodgson  Mr.  Benjamin  Hill  and  Mr.  Craven  said  that 
they  shonld  soon  return  for  that  they  shou'd  not  stay  aliove  a  day  or  two 
to  do  any  business  and  that  they  (meaning  as  this  Deponent  understood 
them,  the  Governour  Council  and  Southern  Members)  might  make  laws 
by  themselves  for  that  we  will  not  follow  their  any  more,  and  this 
deponent  further  maketh  oath  that  sometime  afterwards  the  said  Gentle- 
men and  many  other  Members  of  Assembly  as  she  was  informed  they  were 
came  to  her  house  to  go  over  the  said  Ferry  in  their  return  home  and  in 
their  discourse  said  the  Assembly  was  prorogued  to  Cape  Fear  and  did 
promise  and  engage  themselves  to  each  other  that  they  would  not  go  to 
attend  the  Governor  and  Assembly  there,  and  said  if  they  did  not  go 
nothing  could  be  done     and  further  this  Deponent  saith  not 

hei- 

BRIDGET  X   ARTHUR 

Mai-k. 

Edmond  Smithwick  of  Tyrell  County  in  the  Province  of  North 
Carolina  Gentleman  aged  fifty  years  and  upwards  being  sworn  and  exam- 
ined deposeth  as  followeth  viz  : 

To  the  first  Interrogatory  this  Deponent  saith  that  he  was  Sheriff  of 
Tyrell  County  part  of  the  year  One  thousand  Seven  hundred  and  forty 
seven. 

To  the  second  Interrogatory  this  Deponent  saith  that  he  received  a 
Writ  for  Election  of  Members  for  the  said  County  of  Tyrell  and  that 
the  said  Writ  directed  that  two  Members  to  be  chosen  to  represent  that 
County  in  the  General  Assembly  to  be  held  at  New-Bern. 

To  the  third  Interrogatory  this  Deponent  saith  that  he  was  in  Com- 
pany with  Mr.  John  Hodgson  Mr.  Benjamin  Hill  and  others  Members 
said  to  be  chosen  for  the  Northern  Counties  saith  that  after  the  said 
Election  he  was  in  Company  with  Mr.  John  Hodgson  and  Mr.  Benjamin 
Hill  and  Mr.  James  Craven  Members  and  others  and  that  some  of  the 
said  Members  required  a  sight  of  this  Writ  and  found  fault  with  this 
Deponent  for  returning  only  two  Members  pursuant  to  the  said  Writ. 

To  the  fourth  Interrogatory  this  Deponent  saith  that  Mr.  John  Hodg- 
son Mr.  Benjamin  Hill  and  Mr.  James  Craven  or  one  of  them  asked 
this  Deponent  if  the  Gentlemen  of  his  Countiy  had  given  him  security 
to  Indemnify  him  for  returning  five  Members  as  chosen  Burgesses  for 
the  said  County  by  virtue  of  the  said  Writ  and  saith  that  he  this  Depo- 
nent replied  to  them  that  he  had  taken  no  security  to  do  an  unlawful  act 
nor  would  not  and  that  they  or  some  of  them  offered  this  Deponent 
security  if  he  would  return  five  Members  chosen  by  virtue  of  the  said 
writ  as  the  SheriiF  of  Chowan  or  the  Sheriff's  of  some  of  the  low  Coun- 
ties had  done. 


COLONIAL  RECORDS.  1195 


T(j  the  fiftli  Interrogatory  tliis  Deponant  saith  tliat  Mr.  Joliii  Hodg- 
son or  Mr.  James  Craven  or  one  of  them  Members  for  Chowan  shewed 
this  Deponant  tlie  Writ  of  Election  for  the  said  Comity  of  Chowan  or 
some  one  of  the  Sheriffs  of  the  Northern  Counties  and  acquainted  thi.s 
Deponant  that  the  Sheriff  had  returned  five  Members  of  Assembly  as 
chosen  Burgesses  for  that  County  and  that  the  Gentlemen  or  some  of 
them  of  that  County  had  given  their  Sheriff  security  to  Indemnify  him 
for  so  doing. 

To  the  sixth  Interrogatory  this  Deponant  saith  that  tiie  Writ  directed 
to  him  and  also  the  Writ  shewed  to  him  this  Deponant  by  the  said  Mr. 
Hodgson  or  Mr.  Craven  directed  that  the  Members  should  be  chosen  for 
the  said  Counties  and  he  never  heard  that  any  of  the  Writs  issued  at 
that  time  were  for  electing  more  than  two  Members  for  each  of  the  .sev- 
eral Counties  of  this  Province  to  serve  in  the  General  Assembly. 

To  the  seventh  Interrogatory  this  Deponant  saith  that  about  the 
month  of  April  one  thousand  seven  hundred  and  forty  eight  he  was  at 
Mr.  Alstons  who  was  Sheriff  at  the  time  of  that  Election  and  having 
conversation  about  the  returns  of  that  Election  he  heard  the  said  Alston 
say  that  he  had  security  given  from  the  persons  of  the  County  of  Chowan 
to  Indemnify  him  for  any  Damage  that  might  happen  to  him  on  account 
of  returning  five  Members  and  that  if  it  was  to  do  again  he  believed  he 
should  not  do  it.  This  Deponant  further  saith  that  he  doth  not  know 
that  the  Sheriffs  of  Currituck  Pasquotank  Perquimons  or  Bertie  had 
such  security  But  that  it  was  generally  said  that  they  had. 

To  the  Eighth  Interrogatory  this  Deponent  saith  that  he  never  saw 
any  of  the  returns  of  the  said  Writs  for  the  said  Counties  save  one  and 
that  Writ  had  a  return  thereon  of  five  members  as  chosen  to  sit  in  Gen- 
eral Assembly  except  his  own  Writ  which  had  only  two 

EDMUND  SMETHWREK. 

New-Bern  the  5'"  of  April  1749. 

"Wyriot  Ormoud  of  Beaufort  County  in  the  Province  of  North  Carolina 
Gentleman  aged  Forty  two  years  or  thereabouts  being  sworn  and  ex- 
amined deposeth  as  followeth  (viz.) 

To  the  first  Interrogatory  This  Deponant  saith  that  he  was  at  the 
Governours  House  the  latter  end  of  October  one  thousand  seven  hundred 
and  forty  six 

To  the  second  Interrogatory  This  Deponant  saith  that  when  in  con- 
versation with  the  Governour  he  said  he  was  not  capable  to  advise  him 
yet  he  beleived  if  the  Assembly  might  or  could  be  prorogued  to  meet  at 
New-  Bern  they  would  do  Business     he  further  said  he  beleived  there 


1196  COLONIAL  RECOEDS. 


would  not  be  Burgesses  enough  to  make  a  House  at  Wilmington  from 
any  judgement  he  could  form  of  men  in  their  circumstances  and  this 
Deponant  further  saith  that  if  he  might  presume  to  advise  him  the  said 
Governour  he  would  not  advise  him  to  go  to  Wilmington. 

To  the  third  Interrogatory  This  Deponant  saith  that  in  the  Latter  end 
of  June  or  the  beginning  of  July  one  thousand  seven  hundred  and  forty 
six  in  the  Street  at  New-Bern  just  after  the  prorogation  of  the  said 
Assembly  to  Wilmington  he  heard  some  of  the  Northern  Burgesses  with 
great  heat  say  they  would  not  go  to  Cape  Fear  in  November  others  more 
coolly  said  that  they  could  not  attend  there  and  that  the  Governour  had 
done  it  on  purpose  for  it  was  at  the  time  of  killing  of  Beef  and  the  time 
of  the  Pork  Season  coming  on  when  they  must  be  at  home  afterwards 
in  the  beginning  of  November  at  Edenton  he  heard  some  of  the  Mem- 
bers of  Chowan  County  say  they  would  not  go  to  Wilmington  to  the 
Assembly  others  that  they  could  not  go  and  some  Members  of  the  other 
Counties  and  Mr.  Blount  said  that  if  Members  enough  went  to  make  a 
House  he  would  go. 

To  the  fourth  Interrogatory  This  Deponant  saitii  that  tiie  reasons  that 
induced  him  to  tell  the  Governour  why  he  beleived  there  would  not  be 
Burgesses  enough  to  make  a  House  at  W^ilmington  were  that  the  circum- 
stances of  some  of  them  as  he  heard  them  say  would  not  permit  them  to 
go  for  their  Livelihood  depended  upon  the  Beef  and  Pork  Season  and 
that  he  had  not  seen  any  of  the  Members  since  the  Prorogation  as  this 
Deponant  verily  beleives  and  from  what  he  heard  the  Northern  Mem- 
bers declare  when  the  Assembly  was  prorogued  to  Wilmington. 

WY:  ORMOND. 

New-Bern  the  5'"  April  1749. 

Joseph  Blount  of  Chowan  County  in  the  Province  of  North  Carolina 
Gentleman  aged  about  Thirty  Two  years  being  sworn  and  examined 
deposeth  as  followeth  viz : 

To  the  first  Interrogatory  thisj^Deponant  saith  that  he  was  a  Member 
of  the  General  Assembly  held  at  New-Bern  in  the  County  of  Craven  in 
the  Twelfe  day  of  June  one  thousand  seven  hundred  and  forty  six. 

To  the  second  Interrogatory  this  deponant  saith  that  the  said  Assem- 
bly was  prorogued  to  Wilmington  in  the  County  of  New  Hanover  at 
Cape  Fear. 

To  the  third  Interrogatory  this  Deponant  saith  that  he  was  in  company 
with  Mr.  John  Hodgson  Mr.  Benjamin  Hill  Members  of  Assembly  and 
some  others  the  day  that  the  said  Assembly  was  prorogued  and  heard 
Mr.  Hodgson  and  Mr.  Hill  say  that  they  would  not  go  to  Cape  Fear  to 
attend  that  Assembly  for  that  tliey  had  been  called  and  harrassed  about 


COLONIAL  RECORDS.  1197 


to  Assemblies  so  often  and  at  sneli  unseasonable  times  of  the  year  that 
they  beleived  it  was  done  on  purpose  to  tire  the  Patience  of  the  Northern 
Members  as  the  Southern  Members  might  get  what  Laws  passed  they 
wanted  without  the  company  of  the  Nortlicrn  Members. 

To  the  fourth  Interrogatory  This  Deponant  saith  that  in  the  latter  end 
of  October  or  the  first  of  November  One  thousand  seven  hundred  and 
forty  six  he  was  in  company  with  Mr.  Jolin  Hodgson  a  Member  for 
Chowan  County  this  Deponant  was  saying  he  was  preparing  to  go  to  the 
Assembly  at  Cape  Fear  the  .said  Hodgson  told  this  Deponant  there  would 
be  no  Hou.se  and  that  this  Deponant  had  better  not  go  to  spend  his  time 
and  money  and  run  the  risque  of  his  death  to  no  purpose  but  by  any 
other  person  he  doth  not  remember  he  was  advised  not  to  go. 

To  the  fifth  Interrogatory  This  Deponant  saith  that  he  doth  not  remem- 
ber tiiat  he  ever  heard  there  was  an  agreement  among  the  Northern  Mem- 
bers not  to  go  to  the  Assembly  at  Cape  Fear  but  hath  heard  Mr.  Hodg- 
son a  Member  for  Chowan  County  say  that  he  would  not  go  to  the  said 
Assembly  and  several  others  say  that  they  could  not  go  to  the  said 
Assembly  for  the  reasons  aforesaid. 

To  the  sixth  Interrogatory  This  Deponant  saith  that  none  of  tiie  Mem- 
bers of  Currituck  Pasquotank  Perquimons  Chowan  Bertie  or  Tyrelj  did 
go  to  the  said  A.ssembly  held  at  AVilmington. 

To  the  seventh  Interrogatory  This  Deponant  saith  that  he  kuoweth  of 
no  other  agreement  among  the  Members  of  the  aforesaid  Counties  not  to 
go  to  the  aforesaid  A.ssembly  held  at  Wilmington  except  hearing  Mr. 
Hodgson  and  Mr.  Hill  two  of  the  Members  of  the  said  Counties  say 
that  they  would  not  go  to  the  said  Assembly. 

New-Bern  the  5*  of  April  1749.  J°  BLOUNT. 

John  Bonbury  of  Chowan  County  in  the  Province  of  North  Carolina 
Gentleman  aged  Forty  two  years  and  upwards  being  sworn  and  exam- 
ined deposeth  as  followeth  (viz:) 

To  the  first  Interrogatory  This  Deponant  saith  that  he  was  a  Member 
of  the  General  Assembly  held  at  New-Bern  in  the  County  of  Craven 
the  Twelfe  day  of  June  One  thousand  seven  hundred  and  forty  six  and 
that  he  did  attend  at  the  said  Assembly. 

To  the  second  Interrogatory.  This  Deponant  saith  that  the  said  Assem- 
bly was  prorogued  at  New-Bern  aforesaid  to  meet  at  Wilmington  in  the 
County  of  New  Hanover  at  Cape  Fear. 

To  the  third  Interrogatory  This  Deponant  saith  that  he  hath  heard 
some  of  the  Members  But  who  he  doth  not  know  of  that  Assembly 
chosen  for  the  Northern  Counties  sav  that  thev  would  not  or  could  not 


1198  COLONIAL  RECORDS. 


go  to  Cape  Fear  to  attend  that  Assembly  because  it  was  a  very  expen- 
sive Place  and  fatigueing  Journey. 

To  the  fourth  Interrogatory.  This  Deponant  saith  that  John  Hodg- 
son a  Member  of  the  said  Assembly  did  advise  tiiis  Deponant  not  to  go 
to  Cape  Fear  to  attend  the  said  Assembly. 

To  the  fifth  Interrogatory.  This  Deponant  saith  that  he  hath  heard 
that  there  was  an  agreement  among  some  of  the  Members  of  the 
Northern  Counties  not  to  go  to  the  said  Assembly  that  stood  prorogued 
to  Wilmington  but  by  whom  he  doth  not  remember. 

To  the  sixth  Interrogatory  This  Deponant  saith  that  he  belelves  that 
he  acquainted  Sam:  Swann  Esq"  Speaker  of  that  Assembly  at  Edenton 
at  the  time  of  General  Court  that  was  held  there  in  the  month  of  Octo- 
ber before  the  meeting  of  Assembly  at  Wilmington  that  he  heard  that 
some  of  the  Northern  Members  had  agreed  not  to  go  to  the  Assembly 
that  was  to  be  held  at  the  then  next  month  of  November  at  Wilmington. 

To  the  seventh  Interrogatory  This  Deponant  saith  that  he  never 
knew  or  heard  that  any  of  the  Members  of  the  Counties  of  Currituck 
Pasquotank  Perquimons  Chowan  Bertie  or  Tyrell  did  go  to  the  Assem- 
bly held  at  Wilmington  aforesaid. 

To  the  eighth  Interrogatory.  This  Deponant  saith  that  he  beleives 
that  there  was  an  agreement  among  some  few  of  the  Members  of  the 
said  Counties  not  to  go  to  the  said  Assembly  to  be  held  at  Wilmington 
aforesaid.  "  J.  BONBURY. 

New-Bern  the  5""  of  April  1749. 

North  Carolina. 

To  his  Excellency  Gabriel  Johnston  Esq"  Captain  General  and  Com- 
mander in  Chief  of  his  Majesties  Province  of  North  Carolina 
The  Memorial  of  the  Members  of  His  Majesty's  Council  of  the  said 

Province. 
May  it  please  your  Excellency. 

The  Members  of  his  Majesty's  Council  having  with  great  concern 
reflected  upon  the  present  confused  state  of  the  Province  the  many  and 
great  difficulties  which  the  administration  of  publick  affairs  has  been 
and  is  still  attended  with  the  artifices  too  often  made  use  of  by  ill  design- 
ing Men  to  defeat  and  bring  to  nothing  the  very  best  schemes  for  the 
Publick  good  particularly  manifested  during  the  last  session  of  Assembly 
when  instead  of  providing  in  a  just  and  equitable  manner  for  the  sink- 
ing the  present  Bills  of  Credit  now  just  expiring  which  your  Excellency 
so  earnestly  recommended  to  them  a  Bill  was  brought  into  the  House  of 
Burgesses  to  continue  them  for  Ten  years  longer  on  a  very  slender  foun- 


COLONIAL  EECORDS.  1199 


dation  and  not  only  so  but  a  new  Emission  of  paper  therein  proposed  of 
£16.000.  Proclamation  Money  without  any  foundation  at  all  which  they 
obstinately  persisting  in  occasioned  your  Excellency  among  many  other 
reasons  to  dissolve  them  In  all  humble  Duty  to  his  Majesty's  and  regard 
to  your  Excellency's  Administration  Beg  leave  to  offer  to  your  Excel- 
lency's Consideration  the  two  following  Points  as  the  source  of  these 
and  many  more  evils  which  your  Excellency's  long  experience  in  the 
Government  must  acquaint  you  with,  and  therefore  needless  to  enumer- 
ate and  at  the  same  time  to  give  your  Excellency  an  account  of  the  rea- 
sons why  they  have  so  long  subsisted  antl  iuimbly  offer  our  advice 
towards  a  remedy. 

The  want  of  a  more  central  and  convenient  place  for  the  meetings  of 
the  General  Assembly,  holding  the  Courts  of  Judicature,  keeping  the 
public  Records  and  Transacting  at  proper  times  of  the  year  all  the  pub- 
lick  business  of  the  Province.  The  great  difficulties  and  hardships  that 
his  Majesty's  more  Southern  subjects  are  liable  to  from  the  Court  of 
Judicature  being  held  and  the  Secretary's  Office  kept  at  Edenton  the 
most  Northern  Part  of  it  are  too  obvious  and  too  well  known  to  require 
particular  account  of.  The  only  reason  for  this  practice  we  find  to  be  a 
Law  passed  in  the  year  under  the  proprietors  Gov-ernment  which  the 
greatest  part  of  it  then  settled  was  circumscribed  within  the  Limits  of 
what  was  then  called  Albemarle  County  and  long  before  the  more  South- 
ern parts  were  inhabited,  by  which  Law  of  Penalty  is  laid  on  the  sev- 
eral Officers  who  shall  keep  their  Offices  in  any  other  place  since  which 
time  several  new  Counties  to  the  southward  have  been  made  whose  num- 
ber of  Inhabitants  Trade  and  Commerce  with  Great  Britain  especially 
those  on  Cape  Fear  River  your  Excellencys  well  apprised  of 

2naiy_  -pijg  great  inequality  of  Members  in  the  Lower  House  of  Assem- 
bly by  whom  the  several  counties  in  this  Province  are  represented. 

As  this  inequality  consists  in  five  of  the  Northern  Counties  being 
allowed  hitherto  to  send  each  five  Members  to  the  General  Assembly 
while  the  more  Southern  were  allowed  but  two  we  have  made  the  most 
diligent  enquiry  into  the  grounds  and  reasons  upon  which  this  pretended 
Priviledge  is  founded  and  upon  an  impartial  Examination  find  it  rather 
to  be  of  late  usurped  than  supported  by  any  reason  of  right  or  law  sub- 
sisting for  that  ])urpose  a  state  of  which  we  now  lay  before  your  Excel- 
lency. 

After  the  Charter  granted  by  King  Charles  to  the  Lbrds  Proprietors 
of  Carolina  they  formed  several  Constitutions  or  Rules  of  Government 
wherein  (inter  alias)  It  was  provided  that  the  lands  should  be  laid  off 
into  Counties  each  county  to  be  a  seperate  Government  and  a  Proprietor 


1200  COLONIAL  RECORDS. 


or  his  Deputy  to  have  the  Government  of  it  But  still  the  whole  eight 
Counties  to  be  under  the  Government  of  the  Eight  Proprietors  accord- 
ingly the  first  Government  or  County  was  that  of  Clarendon  County  on 
Cape  Fear  River  so  called  from  the  Earl  of  that  Title-  first  mentioned 
in  the  Charter  the  second  was  that  of  Albemarle  from  the  duke  of  that 
name  next  in  the  Charter  and  it  is  to  be  remarked  that  the  Deed  of 
Grant  to  this  County  so  highly  valued  by  the  Inhabitants  of  it  and  upon 
which  so  great  a  stress  is  laid  with  regard  to  his  Majesty  rents  was  directed 
to  Samuel  Stephens  Governour  of  our  above  County  of  Albemarle  and 
the  seal  of  that  County  Government  (used  as  the  seal  of  North  Carolina 
untill  the  King's  purchase)  had  together  with  the  arms  of  the  eight  Pro- 
prietors the  word  Albemarle  in  capitals  fixed  between  the  Coats. 

As  each  County  was  by  the  constitution  mentioned  to  be  a  Govern- 
ment so  each  County  was  to  be  subdivided  into  four  Precincts  and  each 
precinct  to  send  five  Representatives  to  the  General  Assembly  whereby 
the  Number  of  Representatives  for  each  of  these  small  Governments  was 
to  be  Twenty  those  to  be  chosen  Biennially. 

These  Constitutions  were  for  some  time  the  rules  of  Government  as 
may  be  seen  by  the  Publick  Transactions  of  the  Assembly  or  Palatines 
Court  to  which  every  Member  was  to  sign  before  his  admission  however 
some  things  in  them  seeming  to  differ  with  the  peoples  pretence  of  Titles 
to  Lands  by  virtue  of  the  Deeds  of  Grant  with  other  objections  was  the 
reasons  why  they  were  never  fully  received  but  always  signed  with  some 
exceptions  and  at  last  formally  renounced  by  the  people  and  the  Proprie- 
tors themselves.  But  at  the  same  time  the  Assembly  made  an  Act  called 
the  Biennial  Act  wherein  the  substance  of  those  parts  of  the  Constitu- 
tions relating  to  Parliaments  or  Assemblys  were  contained  by  virtue  of 
which  the  Assembly  consisted  of  Twenty  Members  untill  the  addition 
of  the  Southern  Counties  which  increased  their  Number 

About  this  time  the  Government  came  to  be  distinguished  by  the 
name  of  North  Carolina  from  a  Settlement  made  at  Ashly  River  and 
increasing  Southerly  by  persons  on  Pamplico  River  and  the  parts  adja- 
cent that  was  called  Bath  County  from  one  of  the  Lords  of  that  name 
allowed  to  send  two  Members  to  the  Assembly  increased  the  number  to 
Twenty  two  and  so  continued  till  about  the  year  1706  or  1707  when  ' 
this  County  was  subdivided  into  Two  Precincts  But  the  Northern  Mem- 
bers not  consenting  to  any  more  than  two  Members  for  a  Soutiiern  Pre- 
cinct the  number  amounted  to  but  Twenty  Four. 

Since  which  time  several  new  Precincts  to  the  Southward  have  been 
made  which  as  their  Inhabitants  increased  were  also  allowed  to  send  two 
Members  by  which  means  and  the  addition  of  Four  Towns  the  Number 


COLONIAL  RECORDS.  1201 


of  Representatives  at  length  amounted  to  Fifty  of  wliicii  that  House  at 
present  consists. 

From  this  short  view  of  the  Facts  it  appears  plain  to  us  the  Inhabit- 
ants of  Albemarle  County  formerly  so  called  could  plead  no  manner  of 
right  to  the  Priviledge  but  by  virtue  of  the  Biennial  Law  before  men- 
tioned while  it  subsisted  which  Law  his  Majesty  having  graciously 
thought  fit  to  repeal  that  also  vanishes. 

Wherefore  it  is  unanimously  our  humble  opinion  and  advice  to  your 
Excellency  on  these  heads 

That  your  Excellency  would  he  pleased  to  join  with  his  Majesty's 
Council  in  soliciting  the  repeal  of  tiie  Law  before  mentioned  whereby  it 
is  thought  the  Courts  of  Justice  Offices  and  Records  of  the  Government 
are  obliged  to  be  kept  at  Edenton  and  an  order  procured  for  a  more  cen- 
tral and  more  proper  place  for  these  purposes  as  well  for  the  greater  ease 
and  conveniency  of  his  Majestys  now  numerous  subjects  of  the  Southern 
parts  of  the  Province  as  to  methodize  and  bring  into  order  the  several 
Offices  and  Branches  of  the  Government  now  in  Great  confusion. 

That  in  as  much  as  by  a  Law  passed  by  your  Excellency  in  1738  the 
whole  province  was  divided  into  Counties  and  Offices  appointed  more 
agreeable  to  the  Law  and  Practices  of  Great  Britain  and  whereas  the  neces- 
sity of  Publick  affiiirs  such  as  the  sinking  the  Bills  of  Credit  now  near 
expiring  with  other  matters  of  moment  may  induce  your  Excellency  to  a 
speedy  calling  a  new  Assembly  that  your  Excellency  would  be  pleased  to 
issue  precepts  for  the  Election  of  two  Members  only  for  each  County  in 
the  Province  to  the  end  that  the  Inhabitants  in  all  and  every  of  them 
may  be  more  equally  represented  and  the  business  of  the  Province  car- 
ried on  with  less  tumult  clamour  and  Disorder  than  has  for  some  time 
heretofore  been  practised. 

NATH:  RICE.  ELEAZAR  ALLEN. 

ROBERT  HALTON.  MATHEW  ROWAN. 

ROGER  MOORE. 


North  Carolina. 

Thomas  Lovick  of  Carteret  County  in  the  Province  of  North  Caro- 
lina Esq"  and  Collector  of  his  Majesty's  Customs  for  Port  Beaufort  in 
the  said  County  and  Province  maketh  Oath  that  he  was  a  Member  of  the 
Assembly  that  stood  prorogued  to  meet  at  New  Bern  in  Craven  County 
sometime  in  November  in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  thirty  nine  and  went  to  New  Bern  aforesaid  to  attend  as  a  Mem- 
ber at  the  said  Assembly  and  was  at  the  house  of  one  Mr.  George  Bowles 
in  New  Bern  in  Company  with  Mr.  Benjamin  Hill,  Mr.  John  Hodgson, 
Vol.  4^117 


1202  COLONIAL  RECORDS. 


Mr.  John  Blunt,  Mr.  Benjamin  Peyton  all  members  of  the  said  Assem- 
bly for  some  of  the  Countys  being  to  the  North  of  Craven  County  and 
he  heard  the  said  Gentlemen  say  they  intended  to  break  the  House  that 
no  Business  might  be  done  and  perswaded  this  Deponent  to  keep  out  of 
the  way  and  uot  attend  when  the  House  was  going  to  meet  which  this 
Deponent  refused  to  do  and  this  Deponent  further  maketh  Oath  that 
the  afore.said  Gentlemen  told  him  that  they  heard  the  Members  of  Per- 
quimons  County  were  coupling  by  water  and  if  they  should  come  there 
would  be  members  enough  to  proceed  to  Business  (tho'  they  the  said  Gen- 
tlemen did  not  attend)  and  therefore  agreed  in  the  hearing  of  this  Depo- 
nent to  keep  a  look  out  to  sec  when  they  should  come  and  to  persuade 
them  as  this  Deponent  apprehended  by  their  Discourse  to  keej)  out  of  the 
way  that  no  Business  should  be  done,  and  this  Deponent  further  maketh 
Oath  that  the  said  Mr.  John  Hodgson,  Mr.  Benj :  Hill,  Mr.  John  Blunt 
and  Mr.  Benj :  Peyton  did  keep  out  of  the  way  and  observed  whenever 
the  other  Members  were  going  to  the  House  By  which  means  there 
wanted  Members  enough  to  proceed  on  Business,  and  that  after  the  Gov- 
eruour  had  prorogued  the  Assembly  for  several  days  and  the  said  Gen- 
tlemen still  keeping  out  of  the  way  and  the  Members  that  were  expected 
not  coming  the  said  Governour  to  the  best  of  this  Deponents  Memory 
dissolved  that  Assembly  and  issued  Writts  for  the  choice  of  another 
and  further  this  Deponant  saith  not.  THO:  LOYICK. 


[Here  follow  three  writs  of  election,  two  dated  21  November,  1739, 
one  for  Chowan  and  the  other  for  Edgecombe,  and  a  third  dated  4th  July, 
1744,  for  Tyrrell,  but  as  they  do  not  diifer  in  any  respect  from  the  writs 
as  set  forth  in  the  testimony  of  the  complainants  it  was  not  thought 
necessary  to  ])rint  them  again.     See  ante,  page  1180. — Editor.] 


Sill 

We  intend  to  have  Witnesses  examined  at  Bath-Town  on  Monday  the 
third  day  of  April  next  and  the  twelfth  day  of  the  same  month  at  Eden- 
ton  in  behalf  of  the  Complainants  mentioned  in  an  order  of  the  Right 
Honourable  the  Lords  of  the  Committee  of  Council  for  Plantation 
aff;\irs  dated  the  14"'  day  of  July  1748  at  the  Council  Chamber  White- 
hall at  which  times  and  Places  we  hope  you  will  give  your  attendance 
and  accept  of  tiiis  notice  and  now  grant  us  summons  to  summon  such 
Witnesses  then  and  there  to  appear.  We  are  sir  your  most  humble 
servants 

WY.  ORMOND  1       Agents  f 
T.  BARKER        j  Complainants. 
Held  at  New  Bern  the  30"'  March  1749. 


COLONIAL  RECORDS.  1203 


New-B^n,  April  '-V  174!l. 
To  Enoch   Hall  Esq"  Ciiiet'  Justife  ami  Jo.se])li  Anderson   Esc}'"  Coiii- 
raissioners  appointed  by  tlie  Right  Honourable  the  Lords  of  the  Com- 
mittee tor  Plantation  Affairs  to  en(juire  into  the  conijilaint  of  Peter 
Payne  Mackrora  Scarborough  and  others. 

The  Memorial  of  Gabriel  Johnston  Esq"  Governour  of  North  (.'aro- 
liua  Sheweth 

Imprimis  That  immediately  after  the  Order  of  the  Lords  of  tlie 
Committee  served  upon  hira  he  served  you  the  said  Commissioners  with 
the  copy  of  the  said  Order  on  the  22''  of  February  last  wiiich  service  is 
returned  upon  Oath  and  at  the  same  time  signified  to  you  under  his  hand 
in  the  following  words  This  order  of  Council  is  to  be  executed  on  the 
28""  of  March  next  the  day  immediately  after  the  General  Court  for  the 
Ease  and  conveniency  of  the  Commissioners  therein  mentioned  and  at 
New-Bern  as  being  most  central  for  the  partys  eonceiuied. 

2*.  That  in  consequence  of  this  Notification  you  have  hitherto  pro- 
ceeded and  examined  several  Witnesses  on  both  sides  and  two  Witnesses 
,  have  appeared  one  of  which  is  already  examined  from  the  neighbourhood 
of  Edeuton  upon  a  summons  from  the  Chief  Justice  on  the  Governours 
Part. 

3''''.  That  in  all  proceedings  of  this  kind  as  the  commission  comes  first 
to  the  hands  of  the  Complainers  and  is  by  them  served  upon  the  Gov- 
ernour they  ought  in  duty  to  come  at  the  time  and  place  appointed  with 
their  Evidence  and  Vouchers  along  with  them  to  maintain  their  charge 
against  the  said  Governour. 

4*.  That  it  is  contrary  to  all  custom  and  precedents,  and  intleed  to  the 
dignity  of  their  Commission  after  the  Examination  is  begun  and  a  great 
Number  of  Witnesses  Examined  for  the  Commissioners  to  adjourn  the 
said  examinations  from  time  to  time  and  Place  to  Place  at  the  desire  of 
either  Party  but  especially  of  the  Complainers  who  ought  to  be  always 
ready  to  prove  their  Accusations. 

That  such  an  Adjournment  would  be  particularly  unjust  and  unrea- 
sonable at  this  time  as  an  Assembly  was  begun  upon  the  first  Day  of 
your  meeting  and  as  the  Council  and  several  Alembers  of  the  Lower 
House  were  concerned  in  the  Transactions  now  complained  of  and  as  the 
Managers  for  the  Governour  one  of  them  is  a  Member  of  Council  and 
the  other  Speaker  of  the  Assembly  the  Governour  conceived  that  this  is 
the  most  proper  time  and  place  for  examining  this  affair  fairly  and  to 
the  Bottom. 


1204  COLONIAL  RECORDS. 


That  the  Governo<jf'  is  informed  that  the  Agents  for  the  Petitioners 
have  moved  you  the  Commissioners  to  adjourn  this  examination  first  to 
Bath  and  then  to  Edenton  the  one  about  forty  and  the  other  a  hundred 
miles  distance  from  this  place  Tho  any  Witnesses  from  the  most  distant 
parts  might  with  great  ease  and  convenience  been  brought  here  as  appears 
by  the  presence  of  John  Banbury  and  Joseph  Blount  summoned  by  the 
Governour  from  Edenton  That  the  plain  Design  of  this  Motion  appears 
to  be  to  lay  the  Governour  under  a  necessity  of  breaking  up  the  Assem- 
bly and  to  harrass  the  Witnesses  who  live  in  the  Southern  parts  by 
obliging  them  to  attend  at  the  two  distant  places  and  others  to  which 
they  may  move  hereafter  the  examination  to  be  adjourned. 

That  the  examination  of  the  Witnesses  in  behalf  of  the  complainers 
has  been  at  their  Instance  managed  in  a  secret  clandestine  manner  and 
his  Agents  have  not  been  admitted  to  be  present  at  the  time  of  their 
Examination  Whereas  the  Agents  for  the  Complainers  have  been  always 
invited  to  be  present  while  his  Witnesses  were  examined  and  been  earn- 
estly desired  to  cross  examine  them.  And  all  persons  whatsoever  admitted 
to  be  present. 

For  all  such  reasons  the  said  Governour  Protests  that  you  the  Com- 
missioners shall  not  admit  or  examine  any  Evidence  at  Bath  Edenton  or 
any  other  jilace  where  the  publick  affairs  will  not  admit  him  or  his 
Agents  to  appear  Interrogate  and  Cross  Examine  and  all  Evidence  so 
taken  shall  be  held  and  deemed  Evidence  ex  parte  and  of  no  Force. 
That  all  Evidence  shall  be  taken  openly  before  all  the  people  who  think 
fit  to  attend. 

That  pa]iers  found  or  said  to  be  fiiund  in  the  Office  shall  not  be  deemed 
Authenticate  Evidence  and  proper  Vouchers  unless  attested  by  the  Sec- 
retary And  lastly  I  crave  a  Copy  of  tliis  my  Memorial  and  Protestation 
signed  by  vou  the  Commissioners.  GABRIEL  JOHNSTON. 


Affidavits  taken  by  way  of  reply  to  the  deposition  and  affidavits  taken 

and  made  on  the  part  of  the  G(n'ernor : 

Wyriott  Ormond  &  Thomas  Barker  of  North  Carolina  Esq"  make 
Oath  and  say  that  on  the  thirty  first  day  of  March  last  past  at  New 
Bern  they  the  said  Deponents  served  his  Excellency  Gabriel  Johnston 
Esq"  Governor  of  North  Carolina  aforesaid  with  Copies  of  the  Inter- 
rogatories administered  to  Mr.  Richard  Lovett  and  Mr.  William  Herri- 
tage  on  the  part  of  the  Complainants  mentioned  in  an  order  of  the 
Right  Honourable  the  Lords  of  the  Committee  of  Council  for  Planta- 
tion Affairs,  Dated  tiie  14""  day  of  July  1748,  and  further  say  not. 

Edenton  the  18'"  day  of  April  1749.  T.  BARKER. 
'                                              WY.  ORMOND. 


COLONIAL  RECORDS.  1205 


\yyriott  Ormond  Esq"  of  North  Carolina  aged  fort)'  two  years  & 
Tlioiiuis  Barker  of  tlie  said  Province  Esq"  aged  thirty  six  years  sworn 
on  the  Holy  P^vangelists  make  Oath  &  say,  that  they  as  Agents  for  the 
Compln'"  mentioned  in  an  Order  of  the  Right  Hon""  the  Lords  of  the 
Committee  of  Council  for  Plantation  Affairs  dated  the  fourteenth  day  of  * 
Jul}'  in  the  year  of  our  Lord  one  thousand  seven  hundred  &  forty  eight 
gave  notice  in  writing  at  New  Bern  on  the  first  day  of  April  Instant  to 
Nathaniel  Rice  Esq"  Secretary  of  the  s^  Province  to  make  out  Copys  cjf 
several  Acts  of  Assembly  Writs  &  other  Papers  for  which  he  should  be 
paid  the  usual  Fees  &  the  said  Natiianiel  Rice  after  the  service  of  the 
s*  Notice  told  these  Deponents  that  he  had  orders  from  the  Governor  not 
to  give  Copys  of  two  Acts  required  by  the  said  notice  to  the  said  Depo- 
nents as  Agents  for  the  Complainants  to  wit,  the  Act  for  making  a  new 
Emission  of  Paper  Currency  in  value  equal  to  Proclamation  money  etc, 
&  an  Act  for  Appointing  an  Agent  etc  as  not  being  pertinent  to  the 
matter  of  Complaint  mentioned  in  the  s**  order  because  they  were  passed 
since  the  Act  in  the  s"*  Order  Complained  of,  &  that  he  the  said  Nath' 
Rice  should  not  deliver  Copys  of  the  afores*  Acts  to  these  Deponents,  & 
these  Deponents  furthur  say  that  the  said  Nath'  Rice  told  them  that 
several  of  the  Papers  whereof  Copys  were  required  by  the  said  notice 
were  in  the  office  at  Edentou  that  he  should  give  JVIr.  Craven  his  Dep- 
uty directions  to  make  out  Copies  thereof,  &  these  Dejion"  furthur  say 
that  several  Copys  mentioned  in  the  said  Notice  which  they  apprehend 
to  be  necessary  have  not  been  furnished  them  although  they  applied  to 
both  Offices.  W.  ORMOND. 

Edenton  the  18'"  day  of  April  1749.  T.  BARKER. 

The  Deposition  of  Joseph  Blount  aged  thirty  three  yeai's  of  Edentou 
in  the  Province  aforesaid  Merchant  taken  in  virtue  of  an  order  of  the 
Right  Honourable  the  Lords  of  the  Committee  of  Plantation  Affairs 
dated  at  the  Council  Chamber  Whitehall,  the  14*  day  of  July  1748, 
being  first  duly  sworn  on  the  Holy  Evangelists,  Deposeth  and  saith,  that 
he  this  Deponent  was  a  Member  of  Assembly  held  at  New  Bern  in  June 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  forty  six,  and 
that  he  this  Deponent  M'ent  from  Edenton  in  Chowan  County  by  water 
in  a  Sloop  belonging  to  this  Deponent  to  Newbern  in  Company  with  Mr. 
James  Craven,  Mr.  John  Benbury  &  Mr.  Peter  Payne  then  also  Mem- 
bers. And  that  he  this  Deponent  returned  from  said  Assembly  at  New- 
bern by  water  in  the  said  Sloop  to  Edentou  in  Company  with  the  said 
James  Craven,  John  Benbury  and  several  others.     And  this  Deponent 


1206  COLONIAL  RECORDS. 


fnrthur  saith  that  to  his  knowledge  the  said  James  Craven  who  is  men- 
tioned in  Bridget  Arthurs  Deposition  (taken  in  behalf  of  the  Governor) 
neither  passed  over  the  Ferry  mentioned  in  her  Deposition  going  to,  nor 
returning  from  the  said  Assembly  and  this  Deponent  fnrthur  saith 
Stevens  Lee  also  mentioned  in  the  said  Bridget's  Deposition  together 
with  William  Mackey  another  Member  of  the  said  Assembly  both  went 
by  water  &  returned  by  water  in  a  Perryanger  to  and  from  the  said 
Assembly.  And  this  Deponent  fnrthur  saith  that  he  was  told  by  Mr. 
Tiiomas  Lovick  one  of  the  Committee  of  Claims  in  the  New  Modle  of 
Assembly  that  this  Deponent  was  allowed  four  Pounds  Proclamation 
Money  for  his  attendance  as  an  Evidence  in  Behalf  of  tiie  Governor  and 
that  he  frequently  heard  it  discoursed  at  Newbern  as  he  attended  there 
that  the  Governor's  Witnesses  was  or  were  to  be  paid  for  their  Attend- 
ance out  of  the  strong  Box  wherein  the  new  Currency  is  kept  and  that 
the  Complainants  Witnesses  were  not  to  be  paid  and  fnrthur  saith  not. 
Edenton,  the  19*  day  of  May  1749.  JO'  BLOUNT. 

Macrora  Scarbrougii  of  North  Carolina  Esq''*  aged  fifty  six  years  and 
Benjamin  Hill  of  the  said  Province  Esq''°  aged  fifty  two  years  sworn  on 
the  Holy  Evangelists  make  oath  and  say  that  on  the  fourteenth  day  of 
April  Instant  they  the  said  Deponents  being  two  of  the  Complainants 
mentioned  in  an  Order  of  the  Right  Honourable  the  Lords  of  the  Com- 
mittee of  Council  for  Plantation  Affairs  dated  the  fourteenth  day  of  July 
in  the  year  of  our  Lord  one  Thousand  seven  hundred  &  forty  eight 
applied  to  Enoch  Hall  Esq'°  Chief  Justice  of  the  said  Province  for 
sufnons  for  Cullen  Pollock  Esq'°  Robert  West  &  Thomas  Jones  Gentle- 
men, to  compel  them  to  appear  before  the  said  Chief  Justice  &  tiie  Judge 
of  Admiralty  and  to  be  examined  and  Testify  tlieir  Knowledge  in  the 
behalf  of  the  Complainants  in  the  said  Order  mentioned  agreable  to  the 
notice  the  said  Commissioners  had  been  served  with  the  day  before  by 
the  Agents  of  the  said  Complainants.  And  the  said  Deponents  fnrthur 
say  that  the  Chief  Justice  in  Answer  to  such  their  Request  told  them 
that  he  would  not  sign  any  more  summons  or  give  any  furtliur  attendance 
at  Edenton.  MA°  SCARBROUGH. 

Edenton  the  19*  day  of  April  1749.  BEN  J"  HILL. 

Abraham  Blackall  of  Edenton  in  the  Province  aforesaid,  Practitioner 
in  Physic  &  surgery  aged  forty  tiiree  years  having  duly  sworn  on  the 
Holy  Evangelists  Deposeth  and  saith,  that  in  the  Year  he  entered  a 
Caveat  in  the  Secretary's  Office  with  Mr.  Rob'  Forster  the  then  Deputy 
Secretary  of  this  Province  to  be  heard  by  Council  learned  in  the  Law 
before  His  Excellency  Gabriel  Johnston  Esq"  against  Letters  of  Admin- 


COLONIAL  RECORDS.  1207 


istration  being  granted  to  one  Jolin  Selwood  on  the  Estate  of  William 
Rowden  &  Charles  Westbear  Deceased  ])artners  in  the  baking  Trade  & 
in  behalf  of  Sarah  Rowden  Widow  of  the  said  William  Rowden  who 
before  had  Letters  of  Administration  granted  her  by  Sir  Richard  Everard 
Bart,  when  Governor  on  iier  deceased  husband's  Estate,  the  said  .John 
Selwood  having  pretended  to  a  false  debt  or  claim  of  one  thousand 
Pounds  Currant  Bills  of  the  aforesaid  Province  Whereupon  his  Excel- 
lency the  Governor  appointed  a  day  for  hearing  the  Arguments  touching 
the  said  Caveat  at  the  Council  Chamber  in  Edenton  &  this  Deponent 
furthursaith  that  he  attended  with  his  Lawyer  at  the  time  and  place  ap- 
pointed expecting  the  Caveat  would  have  been  debated  that  Day,  when  to 
his  great  surprise  the  Governor  went  out  of  Town  without  hearing  or  de- 
termining any  Matter  or  thing  touching  the  said  Caveat  and  afterwards 
Granted  Letters  of  Administration  to  the  said  .John  Selwood  whereby  he 
became  possessed  of  and  converted  to  his  own  use  two  valuable  Slaves  one 
whereof  was  taught  by  his  Master  William  Rowden  the  Trade  of  Bisket 
baking  which  said  slave  was  sold  to  the  said  Governor  afterwards  by  tiie 
said  Selwood  for  two  hundred  Pounds  Notwithstanding  he  was  worth  the 
price  of  Four  hurfdred  Pounds  so  much  having  been  oifered  by  Captain 
George  Martyn  in  the  presence  of  this  Deponent  and  this  Deponent 
furthur  saith  that  the  widow  of  the  said  Rowden  by  means  of  the  said 
Letters  of  Administration  was  deprived  of  the  Possession  of  her  late 
husband's  Estate,  and  reduced  to  extreme  poverty  and  want  having  three 
small  children  to  maintain  and  further  saith  not. 

ABRAHAM  BLACK  ALL. 
Edenton  the  19'"  of  May  1749. 

The  Deposition  of  Benjamin  Hill  aged  about  fifty  two  years  of  Bertie 
County  Esq"  taken  in  virtue  of  an  Order  of  the  Right  Honourable 
the  Lords  of  the  Committee  of  Council  for  Plantation  Affairs,  Dated 
at  Whitehall  the  14""  day  of  July  1748. 

Who  being  sworn  on  tiie  Holy  Evangelists  Deposeth  and  saith  that 
he  was  one  of  the  Members  of  Assembly  called  to  meet  at  Newbern  in 
November  1739,  that  when  he  got  there  observed  that  most  of  the 
Southern  Members  were  met,  but  that  several  of  the  Northern  Members 
that  Designed  to  come  by  a  Water  Passage  were  not  then  arrived  being 
detained  by  contrary  Winds  and  bad  weather  And  being  told  by  Mr. 
Chief  Justice  Smith  that  the  Southern  Members  intended  to  exhibit 
malitious  Articles  of  Impeachment  against  him  and  that  the  Articles 
were  drawing  up  by  some  of  the  Members  of  Council  and  requested  him 
this  Deponent  together  with  some  more  of  his  friends  to  absent  them- 
selves that  there  might  not  be  sufficient  number  to  make  a  House  until 


1208  COLONIAL  RECORDS. 


the  Nortlieru  Members  were  arrived  &  then  he  should  not  fear  them  aud 
furthur  told  this  Depouent  that  the  Governor  had  promised  that  if  the 
Members  that  were  to  come  by  water  did  not  arrive  in  a  few  days  aud 
that  if  this  Deponent  would  contrive  that  some  of  the  Members  then 
present  would  not  meet  to  make  up  a  House  he  had  the  Governor's 
promise  to  dissolve  the  Assembly,  And  thereupon  this  Depon'  being  well 
assured  that  some  of  the  Council  and  the  Southern  Members  were  stren- 
ous  to  carry  on  their  Impeachment  &  being  satisfied  to  have  the  Gov- 
ernor's Countenance  therein  he  together  with  John  Hodgson,  Benjamin 
Peyton,  and  John  Blount,  did  not  attend  the  House  for  several  Days.' 
That  on  the  evening  of  the  first  or  second  day  he  this  Deponent  with 
John  Hodgson  met  his  Excellency  in  Town  who  smileingly  told  this 
Deponent  that  he  and  his  Companion  were  to  be  hanged  for.  tliat  the 
Kings  Attorney  and  several  Members  had  been  for  a  Warrant  to  take 
them  into  Custody,  but  that  he  had  for  Answer  said  that  he  as  Governor 
had  nothing  to  do  with  the  Members  of  their  House  and  seemed  well 
pleased  with  the  conduct  of  this  Deponent  and  his  Companions.  And 
furthur  saith  that  in  a  few  days  the  Northern  Members  not  arriving,  his 
Excellency  dissolved  the  Assembly,  and  furthur  saith  liot. 

BENJ.  HILL. 
Edenton,  this  19*  day  of  May  1749. 

The  Deposition  of  John  Blount,  aged  about  forty  four  years,  of  Chowan 
County  Gen'  taken  in  virtue  of  an  order  of  the  Right  Honourable  the 
Lords  of  the  Committee  of  Council  for  Plantation  Affairs,  dated  at 
Whitehall  the  fourteenth  day  of  July  one  Thousand  seven  hundred 
and  forty  eight,  who  being  sworn  on  the  Holy  Evangelists,  Deposeth 
and  Saith — 

That  he,  this  Deponent,  was  one  of  the  Members  of  Assembly  called 
to  meet  at  Newbern,  in  November,  one  Thousand  seven  hundred  and 
thirty  nine,  that  when  he  arrived  there  he  found  most  of  the  Southern 
Members  were  there  met,  and  but  very  few  of  the  Northern,  and  being- 
well  satisfied  for  several  expressions  made  use  of  by  the  Southern  Mem- 
bers, and  some  of  the  Gentlemen  of  the  Council,  that  if  they  made  a 
House  before  the  Northern  Members  came  up,  they  would  pass  several 
Laws  that  would  be  greatly  to  the  Disadvantage  of  the  northern  Parts 
of  the  Province,  and  this  Deponent  furthur  saith,  that  he  never  made 
use  of  any  such  Expressions  or  Persuasions  as  is  mentioned  in  Thomas 
Lovick  Esq""  Deposition  (taken  on  behalf  of  the  Governor)  but  should 
have  been  glad  to  have  made  a  House  and  gone  on  with  Publick  Busi- 
ness provided  there  had  been  a  sufficient  Number  of  the  Northern  Mem- 


COLONIAL  RECORDS.  1209 


bers  to  have  prevented  the  Southern  ones  from  passing  siidi  Laws  as 
m'glit  be  to  the  Prejudice  of  the  Nortiiern  Parts  and  furtiiur  this  Depo- 
nent saith  that  it  was  currently  reported  that  their  not  making  a  House 
was  that  the  Southern  Members  sliould  not  carry  on  their  Impeaciinient 
against  Mr.  Chief  Justice  Smith,  and  this  Deponent  declares  that  he  had 
no  such  Intention,  for  Mr.  Smith  and  he  was  scarce  upon  speakable 
Terms,  and  this  Deponent  furthur  saith,  that  he  had  heard  several  Per- 
sons say  that  the  absenting  of  the  Members  was  very  pleasing  to  tlie 
Governor,  and  the  next  succeeding  Assembly,  this  Deponent  being  then 
a  Member  saith,  that  there  was  a  very  full  House,  and  Motion  being 
made  relating  to  the  Conduct  of  the  absenting  Members  at  their  last 
Meeting,  a  large  Majority  were  of  opinion  that  they  had  acted  well,  and 
gave  them  the  thanks  of  the  House,  and  ordered  that  it  should  be  entered 
on  their  Journals,  and  furthur  this  Deponent  saith  not. 

J.  BLOUNT. 
Edenton,  this  lO""  May  1749. 

The  Deposition  of  James  Craven,  aged  about  thirty  nine  Years  of  Eden- 
ton, in  the  Province  afores''  Gentleman;  taken  in  Virtue  of  an  Order 
of  the  Right  Honour""  the  Lords  Committee  of  Council  for  Planta- 
tion Aifairs.  Dated  at  the  Council  Chamber  Whitehall,  the  fourteenth 
day  of  July  One  thousand  seven  Hundred  &  forty  eight,  being  first 
duly  sworn  on  the  Holy  Evangelists,  Deposeth  &  Saith 
That  he  this  Deponent  was  not  a  Member  of  the  Assembly  held  at 
Newbern;  called,  in  Catherine  Rutledges  Affidavit  (taken  in  beiialf  of 
the  Governor)  the  Bush  Assembly,  neither  was  he,  this  Deponent,  at 
Newbern,  during  that  Session  of  Assembly.     And  this  Deponent  furthur 
saith,  that  he  intended  to  have  gone  to  Wilmington  Assembly  in  Novem- 
ber One  Thousand  seven  hundred  &  forty  six,  if  he  had  not  been  pre- 
vented by  a  Violent  fit  of  the  Gout,  &  this  Deponent  furthur  saith,  that 
he  doth  not  remember  he  saw  George  Johnston  in  October,  one  Thou- 
sand seven  hundred  &  forty  six,  nor  doth  he  remember  Mr.  Hodgson 
make  use  of  any  such  Expression  as  is  mentioned  in  George  Johnston's 
Affidavit,  taken  in  behalf  of  the  Governor,  for  this  Deponent  saith  he 
was  not  in   a  condition  to  be  in  Company,  particularly  in  the  Streets, 
being  confined  in  his  bed  the  greatest  parts  of  the  Month  of  October, 
Novemb''  &  December,  One  Thousand  seven  Hundred  and  forty  six,  with 
the  Gout,     &  furthur  this  Deponent  saith  not.         JAS.  CRAVEN. 
Edenton  this  18'"  day  of  May  Anno  Dom.  1749. 

The  Deposition  of  John  Benbury  aged  forty  two  years  &  upwards  of 
Chowan  County  in  the  Province  aforesaid  Esq"  Taken  in  Virtue  of  au 


1210  COLONIAL  RECORDS. 


Order  of  the  Right  Honourable  the  Lords  of  the  Committee  of  Council 
for  Plantation  Aifairs  Dated  at  the  Council  Chamber  Whitehall  the  14* 
day  of  July,  1748,  being  first  duly  sworn  on  the  Holy  Evangelists  De- 
poseth  and  saith  that  he  this  Deponent  was  a  Member  of  the  Assembly 
held  at  Xewberu  in  June  in  the  Year  of  our  Lord  one  Thousand  seven 
Hundred  &  forty  six,  &  that  he  this  Deponent  went  from  near  Edenton 
in  Chowan  County  by  Water  in  a  Sloop  to  JSTewbern  in  Company  with 
Mr.  .James  Craven,  Mr.  Joseph  Blount,  &  Mr.  Peter  Payne,  then  also 
Members,  and  that  he  this  Deponent  returned  from  the  said  Assembly  at 
Newbern  by  Water  in  the  said  Sloop  to  near  Edenton  in  Company  with 
the  said  James  Craven,  Joseph  Blount,  and  several  others  &  this  Depo- 
nent furthur  saith  that  to  his  knowledge  the  said  James  Craven  who  is 
mentioned  in  Bridget  Arthurs  Deposition  taken  in  behalf  of  the  Gov- 
ernor neither  passed  over  the  Ferry  mentioned  in  her  Deposition,  going 
to  nor  returning  from  the  said  Assembly  and  furthur  this  Deponent 
saith  not.  J.  BENBURY. 

Edenton  the  20*  day  of  May  1 749. 


A   Reply  to  Governour  Johnston's  Answer  to  the  Complaint  of  the 

Inhabitants  of  the  Counties  of  Chowan,    Perquimons   Pasquotank, 

Currotuck  &c. 
Most  Humbly  Submitted.  To  the  R'  Hon""  the  Lords  Commiss"  for 

Trade  &  Plantation. 

In  Order  to  Explain  the  Subject  Matter  of  the  said  Complaint,  It  is 
necessary  (as  humbly  Conceived)  to  give  a  Brief  State  of  the  several 
Matters  therein  complained  of.  Viz' 

That  the  late  Lords  Proprietors  of  Carolina  being  Impowered  by  His 
Majesty  King  Charles  the  Second  to  Grant  Letters  of  Incorporation  with 
distinct  powers  and  Priviledges  to  the  several  Counties  or  Precincts 
within  their  Territories  or  Dominions,  did  by  their  Instructions  dated 
31"  August  and  17*  October  1694  Authorize  and  Impower  John  Arch- 
dale  Esq'  Governour  of  Carolina  to  Constitute  and  appoint  such  Rules, 
Institutions  and  Orders  for  the  Government  of  the  said  Provinces  as  he 
should  think  most  proper  for  their  Lordships  Service. 

That  in  pursuance  thereof  Gov'  Archdale  allowed  the  Precincts  of 
Chowan  Perquimons,  Pasquotank  and  Currotuck  severally  to  have  the 
Privilege  of  Electing  five  Members  to  represent  them  in  the  General 
Assembly  (which  Privilege  they  enjoyed  when  they  were  under  the  Gov- 
ernment of  Virginia)  Yet  at  the  same  time  directed  that  such  Inhabitants 
as  were  settled  in  the  County  of  Bath  (which  contained  a  vast  Tract  of 
Land  not  less  than  200  Miles  in  length  and  300  Miles  in  breadth)  should 


COLONIAL  RECORDS.  1211 


have  only  the  Privilege  of  Electing  Two  Members  to  represent  them  in 
the  General  Assembly,  But  as  the  Inhabitants  therein  increased  much  the 
said  County  of  Bath  was  divided  into  different  counties  or  Precincts  each 
whereof  had  the  Privilege  of  Electing  Two  Burgesses  to  Represent  them 
in  the  General  Assembly,  and  in  this  manner  it  continued  from  1694 
until  1746. 

Now  the  Question  humbly  conceived  to  arise  is,  Whether  a  Govern- 
ment so  Constituted  by  the  Royal  Prerogative  can  be  annulled  or  Dis- 
solved by  the  Gov"^  Council  and  Assembly  even  admitting  that  instead  of 
the  Eight  Members  (who  were  present  at  first)  a  full  Assembly  had  met. 

2'"y  By  tiie  Charter  Granted  to  the  late  Lords  Proprietors  of  Carolina, 
it  is  Expressly  directed  that  all  Laws  to  be  passed  by  them  shall  be  icith 
the  Advice  and  Consent  of  a  Ilajority  of  the  Freemen  of  the  said  Province 
or  their  Delegates.  And  in  pursuance  thereof  the  constant  and  uninter- 
rupted practice  of  that  Colony  until  1746,  was  to  have  a  Majority  of  the 
Burgesses  present  before  the  Assembly  should  proceed  to  do  any  Busi- 
ness, and  by  this  constant  Rule  they  Acted. 

A  Question  now  arises  how  far  a  Sixth  or  Seventh  part  of  that  Assem- 
bly was  Intituled  or  Authorized  to  break  in  upon  the  Constant  and  unin- 
terrupted Rule  and  Practice  of  all  Assemblys  in  the  said  Colony  during 
Sixty  Years  and  upwards,  or  Whether  an  appeal  to  the  Crown  only  did 
lye? 

It  is  humbly  conceived  that  another  Question  arises  under  the  two 
foregoing  Queries,  Viz'  Whether  tiie  Governour  having  Acted  contrary 
to  his  Powers  lodged  in  him  by  His  Majestys  Commission  and  the  In- 
structions thereunto  relating,  and  moreover  Assumed  a  very  illegal  Power 
or  Authority  to  barr  the  Inhabitants  from  having  all  their  Representa- 
tives present  together  in  Assembly,  And  by  acting  contrary  to  the  Pre- 
rogative of  the  Crown  in  allowing  the  Assembly  to  take  Cognizance  of 
a  Matter  which  did  not  of  Right  belong  to  it. 

The  Subjects  be  bound  or  liable  to  pay  Obedience  to  such  Acts  as  are 
made  by  the  Gov"  and  a  small  ^jart  of  the  Assembly,  contrary  both  to 
the  Established  Rules  of  Government  and  the  Prerogative  of  the  Crown  ? 

The  Gov"'  in  the  Preamble  to  his  Answer  Endeavours  to  make  the 
matter  of  Complaint  Appear  relative  only  to  the  six  persons  who  were 
Chose  as  Agents  or  Nominees  of  the  several  Counties  of  Chowan,  Pas- 
quotank, Currotuck,  And  in  the  whole  of  his  answer  Endeavours  to 
Represent  the  subject  matter  of  Complaint  as  only  depending  between 
himself  and  the  Members  who  represented  the  Northern  Counties  in 
1746.  Whereas  in  truth  the  case  is  quite  otherwise  For  although  the 
Inhabitants  of  the  Northern  Counties  really  believe  that  their  Members 


1212  COLONIAL  RECORDS. 


were  artfully  disabled  from  attending  in  that  rigid  Season  of  the  Year 
at  so  great  a  distance  as  Wilmington  and  that  the  said  Governor's  design 
in  proroguing  the  Assembly  to  that  Place,  was  to  have  some  Colourable 
pretence  for  depriving  them  of  their  Rights  and  priviledges  Yet  they 
most  humbly  conceive  that  in  all  Events  they  are  not  liable  to  any  Cen- 
sure for  the  Mistakes  or  Inadvertencies  of  their  Representatives,  And 
Averr  that  they  would  be  very  far  from  Vindicating  them  if  they  had 
appeared  wanting  in  their  duty  to  the  Crown  or  guilty  of  any  breach  of 
Trust  to  their  Constituents. 

In  the  1"  Sheet  N°  1  the  Gov'  Complains  that  the  Agents  for  the 
Northern  Counties  refused  to  permit  his  Agents  to  be  present  at  any  Ex- 
amination taken  on  their  parts  or  to  be  present  themselves  at  such  as 
were  produced  on  the  part  of  the  said  Gov'^ 

That  the  said  Gov'  was  thereby  compelled  to  enter  a  protest  before 
the  said  Commissioners  but  the  Judge  of  the  Admiralty  refused  to  set 
his  name  thereto. 

That  although  some  Interrogatories  were  Exhibited  on  the  part  of 
the  Petitioners  yet  their  Agents  refused  to  give  copies  thereof  to  the 
said  Gov"  Agents,  and  abruptly  left  the  place  where  the  Commission 
was  to  be  Executed,  after  giving  Notice  to  the  Chief  Justice  to  attend 
at  other  places  in  Order  to  take  further  Examinations  on  their  parts. 
To  which  is  Replied 

That  neither  the  Gov'  or  any  other  Person  on  his  behalf  was  hindered 
from  attending  when  any  Person  gave  evidence  on  the  part  of  the  Peti- 
tioners, but  in  relation  to  such  Persons  as  were  Examined  upon  Inter- 
rogatories they  Objected  against  the  Gov"  Agents  being  present  thereat, 
nor  were  the  Agents  for  the  Petitioners  present  at  those  Examinations 
but  did  in  pursuance  of  His  Majesty's  Orders  in  Council  Deliver  a  Copy 
of  the  said  Interrogatories  to  the  Gov'  Wherefore  he  hath  not  any 
Colour  of  reason  to  complain  that  his  Agents  were  not  served  with  the 
same. 

That  as  the  Petitioners  humbly  conceive  the  Gov'  deviated  from  his 
Duty  by  Delaying  to  serve  the  Commissioners  witii  a  Copy  of  His  Maj- 
esties Order  in  Council  for  One  Month  and  more  after  he  received  the 
same  Although  there  were  only  Tliree  Mouths  allowed  for  taking  the 
said  Examinations  and  Moreover  the  Gov'  was  not  impowered  to  Order 
the  Commissioners  to  meet  at  any  particular  place,  especially  above  One 
hundred  Miles  distance  from  the  residence  of  most  of  the  Petitioners 
Witnesses,  So  that  the  Gov"  Assuming  to  himself  to  be  a  .Judge  of 
what  Evidence  was  proper  to  be  taken,  and  his  refusing  to  the  Com- 
plainants the  Common  Right  of  taken  Copies  of  the  Currency  Act  and 


COLONIAJ.  RECORDS.  1213 


several  other  Acts  justly  demanded  by  them,  plainly  appears  to  be  Cal- 
culated or  done  with  an  unjust  design  to  defeat  the  good  Intentions  of 
His  Majesties  Commission. 

That  the  Commiss"  before  their  Meeting  in  Nubern  Granted  Sum- 
mons to  several  Witnesses  on  the  part  of  the  Petitioners  to  attend  in 
Edenton  above  Eighty  Miles  distance  from  Nubern  where  the  Agents  for 
the  Petitioners  said  as  long  as  they  could  so  as  not  wholy  to  prevent  the 
Examination  of  tiie  Witnesses  Exahiined  in  ,Edenton  where  on  their 
Arrival  the  Chief  Justice  gave  all  the  Obstruction  in  his  Power. 

That  as  neither  the  Petitioners  or  any  other  Person  on  their  behalf 
ha've  been  served  with  a  Copy  of  the  Gov"  Protest,  so  they  have  been 
rendered  incapable  of  giving  any  Answer  thereto,  which  might  have  been 
easily  done,  if  it  contained  any  matter  different  from  what  is  above  stated, 
which  is  much  to  be  doubted,  since  the  Judge  of  the  Admiralty  refused 
to  set  his  name  thereto. 

In  the  Second  Sheet  N"  2.  The  Gov'  after  reciting  part  of  the  Biennial 
Law  which  was  repealed  in  1737,  Although  by  him  said  to  have  been 
repealed  in  1747,  Sets  forth  that  the  said  Law  was  the  only  Grounds 
whereon  the  Inhabitants  of  Albemarle  County  could  Claim  the  Right 
now  in  Contest,  And  conceives  that  he  would  have  been  justified  had  he 
then  put  the  Repeal  of  that  Law  in  its  full  force  by  issuing  Writs  for 
Two  Members  only,  throughout  the  whole  Province  But  he  in  Consid- 
eration of  the  great  Confusion  then  subsisting  in  the  Province  thought  it 
more  prudent  to  be  silent  on  that  subject,  only  with  this  caution  that  as 
before  the  Repeal  of  that  Law  the  Writs  of  Election  for  those  Counties 
Directed  Five  Members  to  be  chosen — the)'  were  now  altered,  and  the 
words  to  Chuse  Represeidatives  leaving  the  number  indefinite  have  since 
that  time  been  always  the  Stile  of  those  Writs. 

That  he  by  such  connivances  hoped  to  bring  the  Ass^pibly  in  time  to 
their  Duty  but  therein  found  himself  mistaken,  the  Members  sent  from 
Albemarle  County  making  too  great  a  Majority  for  the  rest  of  the  Coun- 
ties in  the  Province  for  which  reason  every  Proposal  made  for  the  settle- 
ment of  the  Province  and  for  the  Utility  was  rejected.  To  which  is 
replied 

That  on  the  repeal  of  the  Biennial  Law,  His  Majesty  Commands  and 
Enjoyns  tiie  Gov'  in  all  things  to  conform  to  His  Majesty's  pleasure  then 
signified  on  that  head,  And  that  if  the  Gov'  really  thought  that  the  Pre- 
cincts in  Albemarle  County  had  no  other  Tittle  to  Elect  Five  Burgesses 
than  what  was  Grounded  on  that  Law,  he  (as  humbly  Conceived)  would 
scarce  have  taken  upon  him  to  dispense  with  His  Majesties  Orders  in  a 
Matter  of  that  great  Importance.  That  although  some  Alteration  was 


1214  COLONIAL  RECORDS. 


aftei'vvards  made  in  the  Stile  of  the  said  Writ  Viz'  to  choose  Representa- 
tives duly  Qualified  (which  last  words  duly  Qualified  are  Omitted  by  the 
Gov'  in  his  Answer)  Yet  the  Sheriifs  always  returned  Five  Members  for 
each  of  the  said  Counties  or  precincts.  And  the  Gov'  at  all  times 
approved  thereof.  So  that  if  the  Gov'  is  to  be  judged  of  by  his  own 
Actions  he  could  not  be  of  opinion  that  the  Northern  Counties  were  not 
after  the  Repeal  of  the  Biennial  Law,  still  Intttled  to  have  Five  Mem- 
bers to  represent  them  in  the  General  Assembly. 

That  if  the  Gov'  had  really  found  that  the  Representatives  of  the 
Northern  Counties  had  Obstructed  him  in  his  Duty  and  prevented  every 
proposal  made  for  the  good  of  the  Province  from  being  carried  into  Exe- 
cution, it  is  not  easy  to  Conceive  for  what  cause  he  was  Silent  on  that 
head,  during  Nine  years  and  upwards  Viz'  from  1737  to  Nov'  1746  and 
that  he  did  not  agreable  to  his  Instructions  Submit  his  difficulties  to  the 
Crown  to  which  only  (as  is  also  Conceived)  an  Apjjeal  lay — But  that  he 
instead  of  pursuing  his  Instructions  on  that  head  should  after  so  long  a 
Silence  bring  the  matter  in  Contest  under  the  Consideration  of  a  Sixth 
or  Seventh  part  of  the  Assembly  which  (as  is  also  Conceived)  had  not 
any  Right  to  take  Cognizance  thereof^ — is  a  Conduct  of  a  very  Extraor- 
dinary nature  and  (as  humbly  Apprehended)  destroys  the  very  Essence 
of  His  Majesties  Government  in  that  Colony,  And  in  lieu  thereof  Sets 
up  a  Jurisdiction  of  his  own  Contrivance. 

By  His  Majesties  Commission  the  Gov'  is  directed  to  Issue  Writts 
and  Summons  for  calling  Assemblies  Agreable  to  the  Laws  and  Usage 
of  the  colony  so  that  on  this  head  the  Gov"  power  is  thereby  restrained 
and  the  very  Assemblies  themselves  are  not  competent  Judges  of  any 
Alteration  which  ought  to  be  made  in  the  Constitution  of  the  colony. 

It  is  further  to  be  observed  that  if  the  Gov'°  Plea  had  been  founded 
on  Truth,  Viz', that  the  Precincts  in  Albemarle  County  had  no  other 
Claim  or  Rigiit  to  have  Five  Members  to  represent  them  in  the  General 
Assembly  than  what  was  founded  on  the  Biennial  Law,  Yet  that  Law 
being  Repealed  he  was  rendered  inexcusable  in  applying  to  the  Assembly 
to  pass  the  Law  Complained  of. 

Having  thus  Endeavoured  to  Demonstrate  the  Inconsistency  of  the 
Gov"  iii'st  Plea  on  which  he  principally  Grounds  all  the  rest  of  his 
Defence,  It  is  humbly  Conceived  that  it  may  be  very  proper  to  observe 
That  the  Biennial  Law  gave  to  the  Northern  Counties  or  Precincts  no 
new  or  additional  Title  to  Elect  Five  Members  but  only  Intituled  them 
and  also  the  Southern  Counties  to  Elect  their  Members  at  certain  Sea- 
sons of  the  Year,  and  likewise  to  meet  in  Assembly  without  any  Writs 
or  Summons  being  first  issued  by  the  Governour,  and  as  this  was  con- 


COLONIAL  RECORDS.  1215 


trary  to  the  prerogative  of  tlie  Crown  His  Majesty  thought  proper  to 
Repeal  the  said  Law  in  1737,  Aitlioiigh  the  Gov'  says  in  iiis  Answer 
that  tlie  said  Law  was  repealed  in  1747  as  above  remarked  in  page  3. 

The  Gov'  in  the  S^  Paragraph  of  the  3"  Sheet  N°  3  Insinuates  that  the 
Representatives  of  the  Northern  Counties  obstructed  him  in  passing  a 
Law  for  regulating  the  Courts  of  Justice. 

If  those  Representatives  really  had  been  wanting  in  their  Duty  on 
tiiat  head  or  in  any  other  particular  as  a  Collective  Body  in  the  House 
of  Burgesses,  the  Gov'  might  easily  point  out  the  obstructions  given  by 
them — But  as  in  Truth  they  never  gave  to  the  Gov'  any  opposition  in 
relation  to  the  passing  of  the  said  Law,  but  only  to  some  different  mat- 
ters or  Conditions  tacked  to  it.  So  he  could  only  have  recourse  to  a 
General  charge  which  cannot  have  any  weight  in  an  Appeal  to  the 
Crown. 

And  it  is  also  to  be  observed  that  althougii  the  Gov'  brings  the  said 
Matter  as  a  charge  against  the  Representatives  of  the  Northern  Counties 
Yet  he  (as  humbly  apprehended)  is  much  more  to  be  Censured  for  his 
bringing  any  Law  about  regulating  His  Majesties  Courts  of  Justice, 
before  the  Assembly  in  regard  the  Crown  only  could  (as  is  humbly)  take 
Cognizance  thereof,  and  if  any  Laws  were  in  force  which  obstructed  the 
Courts  of  Justice — The  Gov'  ought  to  have  applied  to  the  Crown  for 
repealing  the  same  without  bringing  that  Matter  before  the  Assembly. 

In  the  Two  last  Paragraphs  of  the  3''  Sheet  the  Gov'  Represents, 

That  it  would  be  Endless  to  Enumerate  the  many  Artifices  which  the 
Representatives  of  the  Northern  Counties  made  use  of  to  Obstruct  and 
impede  the  Business  of  the  Assembly,  and  particularly  that  Benjamin 
Hill  and  some  other  Members  in  1739,  by  Absenting  themselves  pre- 
vented the  House  from  sitting  and  proceeding  on  Business,  And  furthei" 
that  One  or  more  of  their  Members  dropped  a  Paper  at  the  Door  of  the 
Council  Chamber,  Containing  threats,  that  if  certain  favourite  Bills  were 
not  passed  they  would  obstruct  the  Council  in  their  Aifairs. 

To  which  is  Replied  That  if  Benj"  Hill  and  One  or  two  more  of 
the  Members  of  the  Northern  Counties,  Acted  against  their  Duty  in  so 
absenting  themselves,  the  same  was  also  done  by  some  of  the  Southern 
Members,  And  as  the  Wrong  Conduct  of  Two  or  three  Members  cannot 
in  Justice  be  Charged  upon  all  the  Members  in  a  Collective  Body  much 
less  can   it  be  Charged  on  the  Counties  which  were  not  privy  thereto. 

But  the  Truth  of  the  Fact  appears  to  be  very  different  from  what  the 
Gov'  would  Represent  it.  In  1739  several  Charges  were  brought  against 
the  late  Chief  Justice  Smith  in  the  House  of  Assembly  and  Seconded 
by  several  Members  of  the  Council.  Whereupon  the  Chief  Justice  who 


1216  COLONIAL  RECORDS. 


was  so  intimate  a  friend  of  the  Gov'  as  to  devise  to  him  the  Bulk  of  his 
Fortune — Applied  not  only  to  the  Gov"'  but  also  to  Benj"  Hill  and  other 
Members  of  the  Northern  and  Southern  Division  to  Absent  themselves 
in  Order  to  prevent  the  House  from  proceeding  on  business,  that  the 
Chief  Justice  might  thereby  evade  the  Prosecution  he  was  then  under. 
All  which  will  evidently  appear  by  the  affidavits  taken  in  that  affair  and 
that  the  Gov''  far  from  discouraging  that  Conduct  gave  all  the  Counte- 
nance in  his  power,  which  Misbehaviour  is  humbly  Conceived  to  be  a 
Crime  of  a  much  higher  Nature  in  the  Gov'  than  that  of  the  Members 
of  the  Assembly  withdrawing  from  their  Duty.  As  to  the  other  part  of 
the  Gov'''  charge  Viz'  that  James  Castellow  One  of  the  Members  dropped 
Papers  at  the  door  of  the  Council  Chamber,  it  is  well  known  tiiat 
the  said  Castellow  was  commonly  Mad  or  Drunk,  so  that  his  conduct 
cannot  with  any  Colour  of  Justice  be  imputed  to  the  rest  of  the  North- 
ern Members. 

In  the  Three  first  Paragraphs  of  the  4""  Sheet,  the  Gov'  Represents 

That  the  Council  being  tired  with  frequent  Obstructions  and  Con- 
vinced from  what  Source  that  Evil  arose,  Resolved  to  Enquire  upon  what 
grounds  the  Northern  Counties  Claimed  the  Privilege  of  Sending  Five 
Members  to  the  Assembly. 

That  two  Gentlemen  of  the  Council  being  Examined  the  Records — 
Reported  the  Matter  as  it  appeared  to  them  which  is  contained  in  a 
Memorial  presented  to  the  Gov'  in  July  1744,  And  is  (as  he  Conceives) 
a  full  Answer  to  the  Matter  Complained  of. 

In  the  1"  part  of  the  Gov"  Answer,  he  is  pleased  to  Ground  his  De- 
fence wholy  on  the  Repeal  of  the  Biennial  Law,  But  in  the  above  Para- 
graphs he  seems  to  be  in  doubt  as  to  the  Claim  of  the  Northern  Coun- 
ties and  Submits  the  Consideration  thereof  to  Two  Members  of  his 
Council  If  this  had  been  done  in  Order  to  bring  the  matter  in  Dispute 
by  way  of  Appeal  before  the  Crown  no  reason  could  have  been  given 
for  Objecting  to  it. 

But  as  it  was  Calculated  with  other  very  different  Views,  And  that  in 
consequence  thereof  the  Gov'  and  Council  found  Means  by  the  Proroga- 
tion of  the  Assembly  to  Wilmington  to  free  themselves  from  the  North- 
ern Members  and  prevent  their  Attendance  they  brought  the  whole  mat- 
ter in  dispute  before  a  few  of  the  Southern  Members,  wiio  assumed  an 
Arbitrary  Power  of  New  Modelling  or  Altering  the  Established  Con- 
stitution of  the  Colony. 

Therefore  in.  Order  to  Explain  this  Matter  rightly  it  is  necessary  to 
give  a  true  State  of  the  diflFerent  Affairs  and  Circumstances  of  the  Colony. 


COLONIAL  RECORDS.  1217 


After  tlie  Division  wliicli  was  made  between  His  Majesty  and  tiie  Earl 
of  Granville  in  1744  the  Northern  Inhabitants  were  liable  to  pay  tiieir 
Chief  Rents  to  his  Lordships  Agents  which  removed  the  principal  Canse 
of  Dispute  generally  Subsisting  between  His  Majesties  Gov"  and  the 
Inhabitants  of  the  Colonies  So  that  nothing  could  be  required  from 
them  for  His  Majesties  Service  in  which  they  had  the  least  Interest  or 
Motiif  to  Oppose  the  Gov^ 

But  with  regard  to  their  private  Concerns  the  Inhabitants  of  the 
Northern  and  Southern  Division  Act  upon  different  Motives  particularly 
in  relation  to  their  Currency. 

The  principal  part  of  the  Trade  of  the  said  Colony  is  carried  on  from 
Virginia  by  the  Merchants  and  Traders  who  reside  in  the  Northern 
Division  And  afterwards  disposed  of  to  the  Inhabitants  of  tlie  Southern 
Division,  And  by  their  Contracts  with  the  Virginia  Merchants  they  are 
not  to  be  paid  in  Bills  of  Currency,  So  that  if  the  Northern  Inhabitants 
were  liable  to  be  paid  tlieir  Debts  in  Bills  of  Currency,  they  cannot  dis- 
charge their  Contracts  with  the  A^irginia  Merchants.  Under  those  Cir- 
cumstances the  Inhabitants  of  the  Northern  Counties  always  opposed 
the  Gov'  Council  and  Representatives  of  the  Southern  Division  in  pass- 
ing a  Law  for  Emitting  Paper  Bills  of  Currency. 

Therefore  in  Order  to  carry  tiieir  point,  And  also  to  Remove  the  Seat 
of  Government,  it  became  necessary  to  devise  some  Method  to  get  rid  of 
the  Northern  Members,  that  they  might  be  the  more  at  liberty  to  carry 
on  their  own  designs. 

That  this  was  their  Motiff  will  (as  conceived)  evidently  appear  on 
considering  the  Currency  and  Rent  Roll  Acts. 

The  Currency  Act,  intitles  the  Gov'  to  £1000.  Proc'.  and  gives  to  him 
and  his  Dependants  the  power  of  Applying  6  or  £7000.  for  Erecting 
Forts,  although  they  had  neither  arms.  Ordnance  or  Ammunition  to  put 
into  the  same,  nor  any  Persons  skilled  in  Fortifications  to  Erect  the  said 
Forts. 

The  Plea  or  pretence  for  so  doing  was  the  Exigency  of  their  Affairs, 
but  this  could  be  no  just  reason  for  not  inserting  a  Suspending  Clause, 
especially  as  His  Majesties  Pleasure  might  have  been  known  thereon, 
before  they  could  be  supplied  with  such  Arms  Ordnance  and  Ammuni- 
tion. 

The  Rent  Roll  Act  is  principally  Calculated  to  give  a  Currency  to  the 
paper  Bills  which  were  Emitted,  For  although  it  is  said  to  be  an  Act  for 
forming  a  Rent  Roll  for  His  Majesty  yet  in  truth  it  hath  very  little  (if 
any)  relation  to  the  Crown  as  it  dotii  not  require  any  person  who  holds 
Grants  issued  under  the  Crown,  to  Record  the  same  on  the  Alteration  of 


1218  COLONIAL  RECORDS. 


Property  either  by  Wills,  Mesne  Conveyances  or  otherwise  And  all  the 
Grants  issued  under  the  late  Lords  Proprietors  witliin  His  Majesty's 
Division  do  not  amount  to  more  than  16,000  Acres. 

Moreover  there  is  a  Clause  in  the  said  Act  of  an  Extraordinar_y  and 
Unusual  nature,  which  makes  all  Persons  liable  to  the  Forfeiture  of  their 
Lands  who  do  not  Record  their  Titles  within  Twelve  Months  from  the 
date  of  the  said  Act.  Which  Clause  was  prin(Mpally  intended  to  compell 
the  Northern  Inhabitants  to  own  the  Jurisdiction  of  the  Southern  Assem- 
bly althougli  the  Northern  Members  had  not  the  Liberty  of  Sitting  in 
the  Assembly  or  otherwise  to  make  them  Subject  to  the  Forfeiture  of 
tlieir  Lands. 

In  the  Two  last  paragraphs  of  the  4""  Sheet  and  P'  Paragrapli  of  the 
Fifth  Sheet  the  Governour  Represents, 

That  the  Month  of  November  is  generally  the  most  Temperate  through- 
out the  year.  That  the  Biennial  Law  which  was  intended  to  be  per- 
petual fixed  the  Meeting  of  the  Assembly  in  that  Month, 

That  neither  the  Inclemency  of  the  Season  nor  the  length  of  Ferrys, 
was  the  true  reason  of  their  disobedience  to  his  Prorogation,  but  a  Com- 
bination of  all  the  Members  to  put  in  Practice  the  Old  Artifice  of  Ab- 
senting themselves  and  thereby  Obstructing  the  business  of  the  Assem- 
bly.    To  which  is  Replyed 

That  the  Season  of  the  year  is  for  the  most  part  very  Windy  and 
Intemperate  in  the  Months  of  November  and  December,  and  that  the 
Delay  the  Gov''  met  with  in  his  return  from  the  Assembly  at  Wilming- 
ton plainly  shews  how  intemperate  the  Season  was. 

Tiiat  when  the  Biennial  Law  passed,  the  Bounds  Comprising  the  In- 
habitants were  very  narrow  and  Confined  to  what  they  are  at  present 
so  timt  it  could  not  be  any  great  Inconveniency  for  the  Members  to  meet 
at  Edenton  in  that  Season  of  the  Year. 

That  the  Trade  and  Commerce  of  the  said  Colony  is  greatly  Altered 
within  these  20  years,  and  that  at  present  the  principal  Method  they 
have  of  Paying  their  Debts  in  Virginia  in  return  for  Goods  received 
from  the  said  Province,  is  by  disposing  of  their  Beef  and  Pork  in  the 
months  of  November  and  December,  and  that  if  their  Representatives 
(who  are  most  of  them  Traders)  should  be  taken  off  from  this  Business 
in  this  Season  of  the  Year  it  would  in  a  great  measure  Ruin  tliem  and 
their  Families.  And  it  is  to  be  further  Observed  that  the  Northern  In- 
habitants allow  to  their  Members  Three  Shillings  Sterling  during  the 
time  of  their  going  to,  and  attending  at  the  Assembly,  And  if  the  Gov' 
will  calculate  the  Sittjng  of  the  Assembl}'  at  that  Season  of  the  Year 
and  at^so  great  a  distance  as  Wilmington,  without  any  just  cause  for  so 


COLONIAL  RECORDS.  1219 


doing  tliey  cannot  reasonably  Expect  that  their  Members  will  ruin  them- 
selves by  giving  attendance  under  such  Circumstances,  And  if"  they  were 
guilty  of  any  such  Expressions  the  provocations  they  had  thereto,  might 
in  some  Measure  excuse  the  same. 

What  the  Gov'  Charges  of  their  having  a  fixed  Resolution  to  put  in 
practice  tiieir  Old  Artifice  of  breaking  up  the  Assembly  is  conceived  to 
be  said  without  any  foundation,  as  no  more  than  Two  or  Three  of  their 
Members  were  concerned  in  the  Obstruction  given  the  House  of  Assem- 
bly in  1739.  And  those  acted  under  the  influence  of  the  Gov'  and  the 
late  Chief  Justice  Smith,  which  Conduct  is  very  Censurable  not  only  as 
it  relates  to  the  Crown,  but  to  their  own  Constituents.  But  when  it 
arises  from  the  Gov'  it  is  still  a  Crime  of  a  much  higher  Nature,  and  the 
Minutes  of  the  Council  will  shew  that  the  Gov'  and  Council  have  often 
put  this  Method  in  Practice  to  prevent  the  Assembly  from  Proceeding  on 
business. 

In  the  2*  Paragraph  of  the  S""  Sheet  the  Gov'  referrs  to  the  Journals 
of  the  Council  and  Assembly  adding  that  they  will  plainly  Evince  how 
unfairly  the  Petitioners  have  represented  that  Fact. 

To  which  is  Replied  that  (as  it  is  humbly  Conceived)  the  Journals  of 
the  Council  and  Assembly  at  Wilmington  will  fully  Evince  the  Truth 
of  what  is  alledged  in  that  part  of  the  said  Petition  of  Complaint  Viz' 
that  Eight  Members  only  were  present  at  their  first  Meeting,  that  they 
afterwards  swore  in  Six  New  Members  and  proceeded  to  Business.  And 
further  that  it  Appears  on  the  face  of  the  Law,  that  several  things  therein 
represented  are  contradictory  and  not  grounded  on  Truth. 

In  the  Three  following  Paragraphs  of  the  S*  Sheet,  the  -Governour 
Represents 

That  he  humbly  hopes  it  will  appear  that  the  Northern  Counties  had 
not  any  other  Right  to  Five  Members  than  what  arose  from  the  Biennial 
Law. 

That  if  they  had  any  Prior  Right  it  must  be  included  in  the  said  Law, 
since  they  do  not  j)lead  or  pretend  to  any  Right  by  Prescription. 

That  the  Law  now  Complained  of  was  passed  not  only  with  the  advice 
of  His  Majesties  Council  but  at  the  Instance  thereof  as  the  only  remedy 
against  the  Evils  they  found  attending  such  an  Inequality  in  tire  Repre- 
sentative Body  of  the  Province. 

To  which  is  Replied 

If  the  Northern  Counties  had  no  other  Right  but  what  arose  from  the 
Biennial  Law,  it  is  not  Easy  to  Conceive  from  what  Motiff  or  Authority 
the  Gov'  allowed  them  after  the  Repeal  of  the  said  Law  Viz'  in  1737 
until  1746  to  have  five  Members  to  represent  them  in  the  General  Assem- 


1220  COLONIAL  RECORDS. 


bly,  or  from  what  Motiff  could  the  Gov"'  bring  the  Matter  in  Complaint 
under  the  Consideration  of  the  Assembly  for  had  what  he  alledges  been 
true  there  could  not  be  any  necessity  for  passing  the  Law  Complained  of. 

That  although  that  Law  was  passed  with  the  Advice  and  at  the  In- 
stance of  His  Majesties  Council  Yet  (as  it  is  humbly  conceived)  that 
could  not  Authorize  the  Gov'  to  act  contrary  to  the  powers  lodged  in  him 
by  His  Majesties  Commission  or  the  Instructions  thereunto  relating,  And 
that  in  no  Event  whatsoever  the  Assembly  was  impowered  to  take  Cog- 
nizance thereof. 

The  Northern  Counties  (as  above  Observed)  were  Considered  as  a  Nur- 
sery for  the  more  Southern  Settlements  and  therefore  had  particular 
privileges  granted  to  them,  and  under  their  present  Circumstances  it  is 
conceived  there  is  not  the  least  reason  to  doubt  that  they  will  take  any 
Measui'es  to  Obstruct  or  Impede  any  matter  which  may  be  Oifered  for 
His  Majestys  Service  and  on  the  whole  it  is  humbly  Conceived  that  the 
present  xlisputes  will  evidently  appear  to  arise  from  the  Gov"  attempting 
to  Introduce  the  Currency  Act,  and  several  other  Acts  contrary  to  his 
said  Instructions,  and  not  from  any  apposition  given  to  him  in  Matters 
relating  only  to  the  Service  of  the  Crown. 

In  the  last  Paragraph  of  the  Governour's  Answer,  He  is  pleased  to 
Represent 

That  he  Esteems  himself  happy  that  after  Fourteen  Years  Adminis- 
tration no  Acts  of  Oppression  or  Violence,  have  been  the  subject  of  any 
Complaint  against  him,  And  that  however  your  Lordships  in  your  great 
wisdom  shall  judge  of  this  Matter,  it  is  plain  that  the  passing  of  the 
Law  Complained  of  has  produced  all  the  Effects  expected  or  desired  from 
it.  Since  which  time  many  beneficial  Laws  have  been  passed,  the  due  and 
speedy  Administration  of  Justice  provided  for, — A  Rent  Roll  given  to 
His  Majesty  and  Lord  Granville  and  the  Recovery  of  the  Quit  Rents 
Ascertained.  The  Laws  of  the  Province  before  a  dead  letter  now  Ordered 
to  be  revised  and  Printed  and  Harmony  and  Concord  Established  among 
the  several  Brandies  of  the  Legislature. 

To  which  is  Replied 

That  in  1738  no  less  than  three  different  Petitions  of  complaint  were 
presented  against  the  Gov'  signed  by  a  great  number  of  the  Council  and 
Assembly  complaining  of  the  many  Acts  of  Violence  and  Exertion  of 
Power  in  him,  and  that  even  the  Members  of  the  Council  have  made 
frequent  complaints  on  that  subject.  And  it  further  appears  by  the  evi- 
dence of  Doct"  Abraham  Blackall  that  the  Governour  hath  been  guilty 
of  very  Extraordinary  Exertion  of  Power  in  the  manner  of  his  grant- 
ing Administrations.     The  Merit  which  the  Gov'  attributes  to  himself 


COLONIAL  RECORDS.  1221 


in  passing  the  Rent  Roll  Act  and  several  other  Acts  referred  to  is  con- 
ceived to  he  very  Extraordinary  in  its  Nature  as  those  Acts  were  passed 
contrary  to  His  Majesties  Instructions,  by  not  inserting  therein  a  Sus- 
pending clause,  and  also  for  that  His  Majesty  had  not  any  Opportunity 
to  Judge  of  the  fitness  thereof. 

What  the  Gov'  asserts  in  relation  to  the  Harmony  Established  among 
the  several  branches  of  the  Legislature,  seems  very  ill  to  suit  with  the 
present  situation  of  affairs  and  with  the  opposition  which  is  given  by 
almost  one  third  part  of  the  Colony  and  it  is  very  remarkable  that 
altho'  the  Gov'  says  that  the  Laws  of  the  Province  were  before  a  dead 
letter  but  are  now  Ordered  to  be  revised  and  Printed,  That  in  the  Pro- 
ceedings before  the  Commissioners  the  Gov'  refused  to  the  Agents  of  the 
Northern  Counties  the  Privilege  of  obtaining  a  copy  of  such  Laws  as 
immediately  related  to  their  Petition  of  Complaint. 

Having  so  Endeavoured  to  explain  the  several  Matters  contained  in 
the  Governour's  Answer,  It  is  in  the  most  humble  manner  submitted. 
Whether  the  Governour  hath  not  in  all  respects  acted  contrary  to  his 
Duty  in  not  Appealing  to  the  Crown,  Provided  any  such  Difficulties  or 
Obstructions  had  really  been  given  by  the  Representatives  for  the  North- 
ern Counties.  And  Whether  the  Gov'^  bringing  the  said  Matter  of 
complaint  before  the  Assembly  in  the  manner  it  was  then  introduced  and 
afterwards  passing  several  Acts  contrary  to  His  Majesties  Instructions, 
do  not  evidently  shew  that  he  acted  from  private  Motives,  And  that  the 
pretence  of  Acting  for  His  Majesties  Service  was  in  truth  only  a  colour- 
able Excuse  for  his  so  doing. 

And  whether  such  Arbitrary  and  illegal  Proceedings  are  not  incom- 
patible with,  and  in  all  respects  contrary  to  the  Prerogative  of  the 
Crown  and  the  Rights  of  the  Subject. 


May  it  Please  Your  Lordships  [of  the  Board  of  Trade] 

The  Agent  for  the  Province  of  North  Carolina  begs  Leave  to  lay 
before  your  Ijordships  the  enclosed  Affidavits  of  Enoch  Hall  Esq'  Chief 
Justice  of  the  said  Province  and  of  John  Rutherford  Merchant  In- 
habitant of  the  said  Province  and  from  these  affidavits  as  well  as  from 
Repeated  Instructions  from  his  Constituents  to  Remonstrate  to  your 
Lordships  how  much  tlie  Scituation  of  Affairs  in  that  Province  requires 
a  Speedy  Determination  on  the  several  Acts  of  Assembly  of  that  Prov- 
ince now  before  your  Lordships  But  more  Particularly  on  the  Acts  of 
Assembly  for  Establishing  a  more  Equal  Representation  of  all  his  Maj- 
estys  Subjects  in  the  House  of  Burgesses  and  also  on  that  Act  for  Estab- 
lishing the  Courts  of  Justice  and  Regulating  the  Proceedings  thereon 


1222  COLONIAL  RECORDS. 


which  said  Acts  your  Lordships  have  been  Pleased  to  Refer  to  his  Maj- 
estys  Attorney  and  Solicitor  General  for  their  Opinion  thereon. 

And  your  Memorlst  being  Apprehensive  that  the  Pet"  against  the 
first  of  these  two  last  mentioned  Acts  while  they  Screen  themselves 
under  the  Sanction  of  such  their  Petition  from  the  Payment  of  Public 
Taxes  for  the  necessary  support  of  Government  and  Do  at  the  same 
time  Evade  Justice  by  Obstructing  the  Proceedings  in  his  Majestys 
Courts  of  Law  in  that  Part  of  the  Province  from  whence  the  Petition 
Comes,  under  such  circumstances  your  Memorlst  with  reason  apprehends 
that  the  Petitioners  will  Effect  Delay  in  bringing  this  matter  to  an  Issne 
iu  so  far  as  they  themselves  are  Prosecutors  in  the  case. 

Your  Memorlst  therefore  in  order  to  Prevent  so  far  as  in  him  Laye 
any  such  Delay  in  behalf  of  the  said  Province  prays  your  Lordships 
will  be  Pleased  to  Transmit  these  Affidavits  to  His  Majestys  Attorney 
General  and  Solicitor  General  with  such  Observations  thereon  as  your 
Lordships  shall  think  proper  for  expediting  the  Case  now  before  them. 

J.  A.  ABERCROMBY 

Agent  for  North  Carolina. 

John  Rutherford  of  Wilmington  in  the  Province  of  North  Carolina 
Merchant  at  present  in  London  maketh  Oath  and  sayth  that  he  left  the 
said  Province  in  the  Month  of  March  last  and  that  this  Deponent  before 
he  left  the  Province  was  Informed  by  several  of  the  Inhabitants  of  the 
Northern  part  of  the  said  Province  in  and  about  Edenton  That  they 
will  not  attend  on  Juries  Summoned  for  the  General  Courts  nor  pay  any 
Obedience  to  those  Laws  now  under  your  Lordships  Consideration 
And  this  Deponent  verily  believes  that  things  there  will  remain  in  the 
same  confusion  as  when  he  left  the  aforesaid  Province  'till  his  Majesties 
pleasure  is  known  concerning  the  said  Laws. 

JNO  RUTHERFORD 

Sworn  at  y"  Pub:  Office  in  Chancery  Lane  y"  8'"  day  of  May  1750 
before  me 

S  BURROUGHS. 

Enoch  Hall  Chief  Justice  of  the  Province  of  North  Carolina  at  pres- 
ent in  London  Maketh  Oath  and  saith  that  in  pursuance  of  an"  Act  of 
Assembly  passed  at  Wilmington  for  the  better  Regulation  of  the  Courts 
of  Justice  and  for  appointing  Circuit  Courts  for  the  ease  of  the  subject 
this  Deponent  by  virtue  of  Commissioners  under  the  Seal  of  the  Province 
attended  at  Edenton  at  the  October  and  April  Assizes  where  the  Sheriffs 
of  the  Counties  of  Currituck  Pasquotank  Pequimans  Chowan  Bertie 
and  Tyrrell  Returned  Jurors  to  attend  to  Transact  business  at  the  said 


COLONIAL  RECORDS.  1223 


Assizes  but  in  calling  their  names  over  only  three  or  four  appeared  either 
on  the  Grand  Jury  or  Petite  Jury,  and  this  Deponent  Mas  Informed  and 
verily  believes  the  same  to  be  true  That  the  same  was  Occasioned  by  the 
Instigation  of  the  Petitioners  against  the  Act  for  Establisliing  a  more 
equal  representation  of  all  his  Majestys  Subjects  in  the  houses  of  Bur- 
gesses for  the  said  Province  And  this  Deponent  has  been  Informed  and 
verily  believes  the  same  to  be  true  that  the  Inhabitants  of  the  said  six 
Counties  refuse  to  pay  all  or  the  greatest  part  of  their  Taxes  for  the  sup- 
port of  the  Government  of  the  said  province  and  this  Deponent  also 
verily  believes  that  affairs  will  continue  in  such  confusion  till  his  Maj- 
estys pleasure  shall  be  known  concerning  the  said  Law  now  under  your 
Lordship's  Consideration.  ENOCH  HALL. 

Sworn  at  the  Pub:  Office  in  Chancery  Lane  y"  8""  day  of  May  1750 
before  me  J  BURROUGHS 

May  it  please  youe  Loedships  [of  the  Board  of  Trade] 

In  pursuance  of  your  Lordships  desire  signified  to  us  by  Mr.  Hill  in 
his  Letters  of  the  30'"  of  April  and  ll""  of  May  last  referring  [to]  two 
Acts  passed  in  his  Majesty's  Province  of  North  Carolina  in  1746.  Viz' 
"An  Act  for  the  better  ascertaining  the  number  of  Members  to  be 
"chosen  for  the  several  Counties  within  this  Province  to  sit  in  General 
"Assembly  and  for  establishing  a  more  equal  Representative  of  all  his 
"Majesty's  Subjects  in  the  House  of  Burgesses," 

"An  Act  to  fix  a  Place  for  the  seat  of  Government  and  for  keeping 
"  Publick  Offices  For  appointing  Circuit  Courts  and  defraying  the  ex- 
"  pence  thereof  and  also  for  establishing  the  Courts  of  Justice  and  regu- 
"lating  the  Proceedings  therein"  for  our  opinion  whether  the  said  Acts 
are  proper  to  be  confirmed  by  his  Majesty,  and  transmitting  several 
Papers  relative  thereto  (all  which  are  herewith  returned)  we  have  taken 
the  same  into  consideration  and  have  heard  Council  for  and  against  the 
said  "Act  for  the  better  ascertaining  the  Number  of  Members  to  be 
"chosen  for  the  several  Counties  within  this  Province  to  sit  in  General 
"  Asseml)ly  and  for  establishing  a  more  general  Representative  of  all 
"  his  Majesty's  subjects  in  the  House  of  Burgesses."  Atho  the  Govern- 
our  of  North  Carolina  may  certainly  Prorogue  the  Assembly  to  meet  at 
such  place  and  time  as  he  shall  see  proper;  and  altho'  it  has  not  been 
made  out  sufficiently  to  our  satisfaction  that  the  presence  of  a  Majority 
of  the  whole  Assembly  is  absolutely  necessary  to  the  doing  any  business 
as  alledged  by  the  Petitioners  against  the  said  last  mentioned  Act.  Yet 
these  two  Acts  appear  to  have  passed  by  Managem'  Precipitation  and 
Surprize  when  very  few  Members  were  present  and  are  of  such  nature 


1224  COLONIAL  RECORDS. 


and  Tendency  and  have  such  effect  and  Operation  that  the  Goveruour  by 
his  Instructions  ought  not  to  have  assented  to  them,  tho'  they  had  passed 
deliberately  in  a  full  Assembly,  and  we  are  of  opinion  that  they  are  not 
proper  to  be  confirmed. 

All  which  is  humbly  submitted  to  your  Lordships 

D.  RYDER. 

l"  Dec'  1750.  W.  MURRAY. 


The  Memorial  of  the  Agent  of  the  Province  of  North  Carolina  [to  the 

Board  of  Trade]  Humbly  sheweth 

That  he  has  within  these  few  days  received  a  letter  from  the  Govern- 
our  of  that  Province  dated  last  Nov*"  17*  wherein  he  expresses  himself 
in  these  words  (viz) 

I  have  nothing  more  to  trouble  you  with  only  to  tell  you  how  uneasy 
every  body  here  is  to  have  an  account  of  the  Determination  of  that  tedi- 
ous affair  of  the  five  Members  which  has  now  for  four  years  compleat  kept 
this  Poor  unhappy  Province  in  inexpressible  confusion;  If  it  is  not  soon 
to  be  decided  I  dont  see  how  Ave  can  long  keep  up  the  face  of  Govern- 
ment. 

This  being  the  situation  of  that  Government,  your  Memorialist  there- 
fore moves  your  Lordships  will  be  pleased  to  take  this  matter  into  con- 
sideration and  do  therein  as  your  Lordships  shall  think  most  condusive 
for  his  Majesty's  Interest  and  the  Peace  and  Tranquility  of  the  Inhabit- 
ants of  that  Province  and  your  Memoi'ialist  shall  &c: 

JA:  ABERCROMBY  Agent  for  North  Carolina. 

To  the  Right  Honourable  the  Lords  Commissioners  for  Trade  and  Plan- 
tation. 

The  humble  Petition  of  James  Abercrombie  Agent  for  His  Majesty's 
Province  of  North  Carolina  Sheweth 

That  your  Lordships  on  the  thirtieth  Day  of  April  last  were  pleased 
to  referr  to  his  Majesty's  Attorney  and  Solicitor  General  Two  Acts  passed 
in  the  said  Province  of  North  Carolina  in  1746.  The  one  of  which  is 
entituled  "An  Act  for  the  better  ascertaining  the  number  of  the  Mem- 
bers to  be  chosen  for  the  several  Counties  within  this  province  to  sit  in 
General  Assembly  and  for  establishing  a  more  equal  Representative  of 
all  his  Majesty's  Subjects  in  the  House  of  Burgesses." 

That  the  Attorney  and  Solicitor  General-by  their  Report  to  your  Lord- 
ships dated  the  first  day  of  December  last  certifyed  that  they  were  of 
Opinion  the  said  Acts  were  not  proper  to  be  confirmed  for  the  reasons  in 
the  said  Report  mentioned. 


COLONIAL  RECOEDS.  122.-: 


That  your  Petitioner  humbly  conceives  tlie  said  Report  ouglit  to  liave 
been  in  favour  of"  the  above  mentioned  Act. 

Your  Petitioner  tiierefore  humbly  prays  tiiat  he  may  be  heard  before 
your  Lordships  by  his  Council  against  the  said  Report  and  in  support  of 
the  above  mentioned  Act  before  your  Lordships  come  to  any  resolution 
with  respect  thereto.     And  your  Petitioner  shall  every  pray  &c : 


[B.  P.  R.  O.  B.  T.  JuURNALS.  Vol.  59.] 

BOARD  OF  TRADE  JOURNALS. 

At  a  Meeting  of  His  Majesty's  Comniis.s"  for  Trade  &  Plantations  . 

Present 

Earl  of  Halifax 

Mr.  Grenville     Mr.  Fane 

Mr.  Townshend 

Friday  January  11"'  175f. 

The  Secretary  laiti  before  the  Eoard  the  following  paper  received  from 
Mr.  Abercromby  Agent  fur  the  Province  of  North  Carolina,  viz : 

Paragraph  of  Gov.  Johnston's  letter  about  the  Spanish  ships  cast 
away  in  North  America  IS  Aug.  1750. 

Wednesday  February  6""  175^. 

Read  a  Memorial  of  James  Abercromby  Esq  Agent  for  North  Caro- 
lina to  the  Board  dated  Jau'^  22*  175^  praying  their  Lordships  to  take 
into  consideration  the  Act  passed  in  that  Province  for  the  better  ascer- 
taining the  number  of  Members  to  be  chosen  for  several  Counties  &c. 

Ordered  that  the  Secretary  do  give  notice  to  Mr.  Abercromby  and  to 
Mr.  John  Sharpe  Solicitor  to  Mr.  M'Culloii  to  attend  the  Board  on  Fri- 
day next  at  11  o'clock. 

Friday.  February  8'"  17o^. 

jNIr.  Abercromby  Agent  for  tiie  Province  of  North  Carolina  and  Mr. 
Sharpe  Solicitor  for  Mr.  M'Culloh  attending  as  desired  their  Lordships 
appointed  Thursday  next  for  taking  into  consideration  the  petition  of 
the  inhabitants  of  the  five  Northern  Countys  against  the  Act  for  ascer- 
taining the  number  of  Assemblymen. 

Tiiursday.  February  14'"  175^ 
Mr.  M°Culloh  Agent  for  the  inhabitants  of  the  five  Northern  Countys 
attending  with   Mr.  Joiui   Sharpe  his  Solicitor  and   Mr.   Abercromln- 

Vol.  4— lis 


1226  COLONIAL  EECORDS. 


Agent  in  behalf  of  the  Governor  attending  likewise  with  Mr.  Joshua 
Sharpe  his  Solicitor  as  desired  from  the  reference  of  the  Lords  of  the 
Committee  of  Council  upon  the  Petition  of  the  said  inhabitants  of  the 
Northern  Coiintys  complaining  of  the  proceedings  of  the  said  Governor 
in  passing  a  Law  for  ascertaining  the  number  of  the  Assembly.  Mr. 
Abercromby  moved  their  Lordships  that  he  might  be  at  liberty  to  be 
heard  by  Council  in  answer  to  the  said  petition  Whereupon  their  Lord- 
ships appointed  Wednesday  next  for  the  further  consideration  of  this 
affair  and  both  Part_ys  were  desired  to  attend  at  ten  o'clock. 

Monday.  February  18*  175f 
Mr.  Abercromby  Agent  for  the  Governor  of  North  Carolina  attending 
acquainted  their  Lordships  that  he  could  not  be  prepared  to  be  heard 
before  their  Lordships  upon  the  petition  of  the  inhabitants  of  the  five 
Northern  Countys  on  the  day  appointed  by  their  Lordships  Whereupon 
their  Lordships  fixed  Fryday  next  for  taking  that  affair  into  considera- 
tion. 

Friday  February  22""  175f 

Earl  of  Halifax 
Mr.  Grenville.  Lord  Duppjin 

Mr.  Fane.  Mr.  Townsliend. 

Mr.  Abercromby  Agent  for  Gov''  Johnston  attending  as  desired  with 
Mr.  Joshua  Sharpe  his  Solicitor  and  Mr.  Hume  Campbell  his  Council  as 
also  Mr.  M°Cul]oh  agent  for  the  inhabitants  of  the  five  Northern  Coun- 
tys in  North  Carolina  with  Mr.  John  Sharpe  his  Solicitor  on  the  subject 
of  the  Petition  of  the  said  inhabitants  of  the  five  Northern  Countys 
relative  to  the  Act  for  ascertaining  the  number  of  the  Assembly.  Mr. 
Hume  Campbell  acquainted  their  Lordships  that  altho'  every  person  had 
a  right  to  make  out  his  plea  in  the  best  manner  lie  could,  yet  decency  and 
a  regard  to  liis  profession  would  not  allow  him  to  plead  in  this  case  when 
the  other  Party  appeared  only  by  his  Solicitor  Whereupon  Mr.  M°Cul- 
loli  acquainted  their  Lordships  that  he  would  apply  to  Mr.  Joddrell  who 
had  been  his  Council  upon  this  affair  before  the  Attorney  &  Solicitor 
Gen'  to  appear  at  their  Lordships  Board  in  his  behalf. 

Their  Lordships  then  recommended  to  them  to  agree  upon  a  further 
day  for  hearing  this  and  give  them  notice  thereof 

Wednesday.  March  13'"  175f 
Read  a  petition  of  Mr.  Abercromby  Agent  for  North  Carolina  to  the 
Board  praying  to  be  heard  against  the  Attorney  &  Solicitor  General's 
Report  on  the  Act  passed  in  North  Carolina  in  1746  for  the  better  ascer- 
taining; the  number  of  members  to  be  chosen  for  the  several  Counties  &c. 


COLONIAL  RECORDS.  1227 


The  Secretary  at  tlie  same  time  acquainted  their  L()rclsiiij)s  that  he  was 
desired  by  Mr.  Abercroniby  to  inform  them  that  ^\'ednesday  next  was 
agreed  upon  by  botii  parties  to  be  heard  upon  the  petition  of  the  North- 
ern Countys  Whereupon  their  Lordships  ordered  him  to  write  to  them 

to  desire  their  attendance  at  ten  o'ckick. 

Friday.  March  l-^tii  17 of. 

Read  a  Memorial  of  Mr.  APC'iilioli  relating  to  his  com|)laints  against 
Mr.  Joiinston  Governor  of  North  Carolina. 

The  Secretary  laid  before  the  Board  a  Bundle  of  jiapers  delivered  in 
by  Mr.  M°Culloh  relative  to  his  said  Complaint  and  in  support  thereof 

The  Secretary  also  laid  before  the  Board  a  Book  entitled  :  The  hand- 
wi'iting  &  usual  seals  of  the  Ijord  Advocate  &  other  Bishops  ct  Pastors 
of  the  Unitas  Fratrum  for  the  use  of  the  Rt.  Hon""  the  Lords  Com"  for 
Trade  and  Plantations  j)ursuaiit  to  an  act  passed  in  the  22''  year  of  his 
pi'esent  Majestv. 

Wednesday.  March  20'"  17-5^. 

Mr.  Abercromby  with  his  Council  Mr.  Hume  Campbell  and  his  Solici- 
tor Mr.  Joshua  Sharpe  in  support  of  the  Act  for  ascertaining  the  number 
of  Members  to  be  chosen  in  North  Carolina  and  Mr.  M'Culloh  with  his 
Council  Mr.  Joddrell  and  his  Solicitor  Mr.  John  Sharpe  in  support  of 
the  petition  against  the  said  Act  attending  as  desired  by  the  Minutes  of 
the  IS'"  iust.  the  following  papers  were  read  Viz: 

Order  in  Council  dated  15*  Jan'^  1747  referring  the  petition  of  cer- 
tain persons  inhabitants  of  several  precincts  and  Counties  in  North  Caro- 
lina against  the  above  mentioned  Act. 

The  Petition  annexed  thereto. 

Mr.  Attorney  and  Solicitor  General's  Report  dated  the  1"  Dec.  1750 
upon  two  Acts  passed  in  the  Province  of  North  Carolina  in  176  [1746] 
referred  to  them  in  April  and  May  last. 

The  Petition  of  the  Agent  of  North  Carolina  praying  to  be  heard 
against  the  said  Report — read  the  13*  iust. 

Mr.  Hume  Campbell  then  observed  to  their  Lordships  that  the  Attor- 
ney &  SoP  General  had  in  their  said  Report  admitted  that  the  Governor 
had  a  right  to  judge  of  the  place  of  Meeting  the  Assembly  and  that  a 
majority  of  that  House  is  not  necessary  to  make  a  quorum  but  IkhI 
reported  the  Act  to  have  been  passed  by  management,  precipitation  A: 
surprize  few  Members  being  then  present  and  to  be  of  such  a  nature  & 
tendency  as  that  the  Governor  ought  not  to  have  assented  to  it  altho'  it 
had  been  deliberately  enacted  by  the- Assembly.  In  answer  to  which 
objections  he  begged  leave  to  state  to  their  Lordships  the  manner  in 
which  it  was  passed  and  the  nature  &  subject  matter  of  it.     That  as  to 


1228  COLONIAL  RECORDS. 


the  first  tlie  Act  was  passed  at  an  Assembly  lielfl  at  Wilmington  in  Nov. 
1746  in  ))iirsuance  of  a  prorogation  in  the  preceding  Jnne  whereby  the 
time  &  place  had  been  fixed  four  months  before.  That  no  certain  space 
of  time  is  pretended  to  be  necessary  by  the  constitution  of  the  Province 
for  the  Meeting  of  the  Assembly  and  much  less  than  four  months  is 
sufficient  for  the  Meeting  of  the  Parliament.  That  the  Assejubly  being 
duly  prorogued  and  the  place  of  meeting  declared  it  was  not  necessary  to 
give  special  notice  of  any  Act  intended  to  be  passed  For  which  reasons 
he  apprehended  tliis  Act  could  not  properly  be  said  to  have  been 
passed  by  surprize  Tiiat  as  to  management  there  was  none  on  the 
side  of  the  Governor  but  a  great  deal  on  tlie  part  of  those  Members 
of  the  Assembly  who  strove  to  engross  power.  That  precipitation 
was  not  applicable  to  the  time  taken  up  in  passing  this  Act  it  hav- 
ing been  read  twice  in  one  clay  in  either  House  altho'  there  is  no 
rule  or  custom  to  the  contrary  as  in  this  Kingdom  but  was  brought  in 
on  the  21st  of  Nov'  and  passed  on  tiie  25"'  Tiiat  if  it  be  objected  that 
but  fifteen  Members  were  pi-esent  at  A\'ilmington  and  the  Governor 
should  have  waited  for  more  the  Answers  whiiJi  are  many  are  ready 
That  the  Attorney  &  Solicitor  General  should  have  given  their  opinion 
in  point  of  law  that  fifteen  Members  were  not  a  quorum  and  what  num- 
ber does  constitute  a  quorum  That  if  there  were  but  fifteen  the  Gov- 
ernor was  not  in  f;inlt  lie  had  given  proper  notice  by  prorogation  and 
had  no  compulsory  power  But  the  truth  is  he  had  no  reason  to  expect 
a  greater  number  the  Petitioners  having  combined  together  to  make  a 
Secession  which  they  would  now  make  a  reason  against  passing  the  Act 
That  if  this  be  allowed  'twill  be  a  dangerous  precedent  to  Assemblys  in 
America  That  the  true  motive  of  the  petitioners  was  a  contest  between 
some  of  the  Assembly  to  invest  themselves  with  independence  and  at- 
tain a  power  superior  to  that  of  the  Crown.  That  these  men  had  got  a 
majority  and  being  in  a  remote  Northern  Part  of  tiie  Province  insisted 
that  a  majority  was  necessary  for  the  transaction  of  business  and  that 
nothing  should  be  done  unless  they  were  present  That  he  should  make 
it  apjiear  by  evidence  that  in  June  there  was  an  attenqit  in  the  Lower 
House  to  defeat  every  measure  of  the  Governor  and  that  there  being 
Ijut  fifteen  Members  present  was  but  a  consequence  of  that  design  That 
it  might  iiave  been  imprudent  in  the  Governor  to  have  passed  this  Act 
had  thei'e  been  hopes  of  more  Members  coming  but  when  there  wei'e  no 
such  Hopes  it  would  be  dangerous  to  say  no  Act  shall  pass  That  fifteen 
is  a  larger  proportion  of  54,  the  number  of  the  Assembly,  than  40  is  of 
558  the  number  of  the  House  of  Commons  and  that  Secessions  have 
been  made  in  England  but  no  Act  is  tliereby  invalidated  That  the  peti- 


COLONIAL  liECORDS.  1229 


tioii  is  framed  to  .siii)]M)rt  that  superiority  over  the  Crown  wliich  the 
Assembly  aim  at  and  i.s  meant  to  draw  tiie  Crown  into  an  indirect  ac- 
knowledgment that  twenty  six  men  of  Albemarle  County  are  superior 
to  the  Crown  itself.  That  the  two  Points  contained  in  the  petition  are 
the  fixt  indefeasible  right  of  each  district  to  send  five  Members  and  that 
a  Majority  of  the  Assembly  is  necessary  to  form  a  Quorum.  That  the 
Attorney  &  Sol"  Gen'  have  reported  against  one  of  these  propositions  as 
not  being  made  out  to  their  satisfaction  and  have  passed  over  the  other 
in  silence  That  he  hoped  their  Lordsiiips  would  not  be  insidiously  drawn 
in  to  countenance  a  right  which  if  it  takes  place  will  put  an  end  U) 
the  subjection  of  this  Colony  to  the  Mother  Country  That  if  the  Act 
is  found  to  be  prudent  &  expedient  and  that  it  was  fitting  to  take 
any  opportunity  of  passing  it  as  a  means  to  check  an  attempt  to  gain 
ascendance  over  the  Governor  that  the  Province  has  enjoyed  tranquility 
and  that  eighteen  good  laws  have  been  made  since  the  passing  it  he  was 
persuaded  their  Lord""^  would  not  countenance  such  attempts  in  Assem- 
blies and  throw  the  Colony  back  into  confusion  by  disapproving  this  Act 
That  there  was  nothing  in  the  nature  &  tendency  in  this  Act  which  raise 
an  objection  That  tiie  Lords  Proprietors  of  Carolina  who  had  power  to 
make  a  Constitution  did  make  none  and  if  they  had  it  must  have  varied 
as  the  Colony  increased.  That  this  Act  establishes  such  a  Constitution  as 
it  appears  now  reasonable  to  make  and  if  the  Petitioners  would  compare 
it  with  the  former  Constitution  of  Carolina  they  must  define  what  that 
former  Constitution  was.  That  to  make  out  such  a  one  as  will  avail  them 
they  must  prove  it  to  have  been  a  Constitution  binding  on  the  Crown 
itself  and  so  fixt  and  certain  as  to  be  absolutely  unalterable  they  must 
prove  that  by  that  Constitution  the  Governor  has  no  power  to  prorogue 
that  fifteen  Members  have  not  power  to  pass  an  Act  or  that  if  all  had 
concurred  they  could  not  have  altered  the  nupiber  of  Representatives 
That  if  a  Governor  obtains  an  Act  beneficial  to  His  Maj.  interest  he 
might  justly  be  blamed  for  not  adhering  strictly  to  his  Instructions  but  such 
an  Act  ought  not  to  be  repealed  That  upon  the  whole  if  the  Act  should 
still  appear  to  their  Lord""'  to  be  liable  to  objections  he  was  persuaded 
they  would  be  cautious  how  they  gave  direct  advice  for  the  repeal  of  it 
that  they  would  consider  what  directions  were  proper  to  be  sent  to  tiie 
Gov'  previous  to  a  declaration  against  the  Act  without  which  a  Repeal 
of  it  must  necessarily  involve  the  Province  in  confusion. 

The  following  papers  were  then  read  in  evidence  of  the  several  tacts 
stated  as  above  by  Mr.  Hume  Campbel,  viz: 

Act  for  ascertaining  the  number  of  Members  to  be  chosen  for  Nortli 
Carolina. 


1230  COLONIAL  RECORDS. 


Minutes  of  Assembly  in  Nortli  Carolina  in  June  &  Nov'  1746  relating 
to  the  progress  of  the  Act  through  the  Houses. 

Mr.  Lamb's  Report  dated  26""  Sept.  1747  on  the  Act  for  ascertaining 
the  number  of  Members. 

Mr.  Johnston's  letter  of  Marcli  9""  174f-  to  the  Board  on  the  said  Act 

Memorial  of  the  Council  to  Gov"'  Johnston  entered  in  the  Minutes  of 
Assembly  from  15*  March  1742  to  Feb"'  1743. 

The  Biennial  Law  passed  in  1715. 

Report  of  the  Board  of  Trade  dated  21°'  April  1737  proposing  the 
Repeal  of  the  said  Act. 

Deposition  of  Thomas  Lovick  a  Member  &  Collector  for  Beaufort  set- 
ting forth  that  application  had  been  made  to  him  not  to  attend  but  to 
keep  out  of  the  way  that  no  business  might  be  done 

D°  of  George  Johnson  Bricklayer  who  heard  a  consultation  amongst 
certain  Members  not  to  attend  Session  of  Assembly. 

D°  of  Benjamin  Fordham  Messenger  of  the  Assembly  held  at  New- 
bern  who  heard  certain  of  the  Members  agree  not  to  go  to  the  Assembly 
by  which  there  would  not  be  a  House. 

D°  of  Nicholas"  Routledge  late  of  Newbern  Victualler  heard  Northern 
Members  talk  that  if  the  Assembly  was  to  meet  at  Wilmington  tiiey 
would  not  go  for  nothing  could  be  done  without  them. 

D°  of  John  Berry  sweareth  tliat  two  Members  declared  to  the  same 
effect  at  a  public  House  kept  by  him. 

Bridget  Arthur  whose  Husband  kept  a  jiublic  House  to  same  effect 
Members  would  not  go  because  they  knew  nothing  could  be  done  with- 
out them. 

It  being  late  tlie  parties  were  desired  to  attend  on  Tuesday  morning 
next  when  their  Lord^'  will  hear  what  Mr.  Joddrell  lias  to  offer  in  sup- 
port of  the  petition 

Monday  March  2.5"'  1751. 

The  Secretary  acquainted  the  Board  that  Mr.  M'Culloh  attending 
without  had  desired  him  to  inform  their  Lordships  that  Mr.  Joddrell 
could  not  possibly  attend  tomorrow  but  that  he  and  Mr.  Hume  Camp- 
bell would  attend  on  Friday  next  if  convenient  to  the  Board  and  their 
Lordships  were  pleased  to  appoint  Friday  accordingly. 

Friday  March  29'"  1751. 

Present 

Earl  of  Haliflix 

Mr.  Grenville         Lord  Dupplin 

Mr.  Fane. 

Tlie  Parties  attending  pursuant  to  the  Minutes  of  Monday  last  Mr. 

Joddrell  Counsel  for  the  Petitioners  ag-ainst  the  Act  for  ascertaining  the 


COLONIAL  RECORDS.  1231 


nuiuber  of  members  to  be  chosen  in  North  Carolina  observed  to  tlieir 
Lordships  That  by  the  Charter  granted  by  King  Charles  2°*  to  the 
Lords  Proprietors  of  Carolina  power  was  given  them  to  make  and  pub- 
lish any  Laws  whatsoever  either  appertaining  to  the  public  estate  of  the 
Province  or  to  the  private  utility  of  particular  persons  with  the  advice 
and  approbation  of  the  freemen  or  the  greatest  part  of  them  or  their 
Delegates  That  on  the  30"'  Nov.  1693  the  Lords  Prop"  empowered  their 
Governor  Thomas  Smith  Esq.  in  case  he  should  find  it  impracticable  for 
the  inhabitants  of  Albemarle  County  to  send  Delegates  to  the  Assembly 
of  South  Carolina  to  issue  Writs  for  electing  seven  Members  for  each  of 
the  Counties  of  Berkeley  and  Colleton  and  six  for  Craven  County  and 
also  to  appoint  a  Deputy  Governor  of  North  Carolina  That  in  conse- 
quence of  this  Instruction  the  Carolinas  became  distinct  Provinces  &  had 
distinct  Assemblies  That  John  Archdale  Esq.  who  succeeded  Mr.  Smith 
was  on  the  31"  August  1694  appointed  Governor  of  both  the  Carolinas 
with  power  to  appoint  a  Deputy  Governor  of  either  Province  and  with 
the  advice  and  consent  of  the  Council  &  General  Assembly  to  alter 
former  Laws  and  enact  new  ones  as  should  seem  most  expedient  provided 
they  were  not  repugnant  to  the  Charter  but  as  near  as  possible  agreeable 
to  the  Fundamental  Constitutions  That  Mr.  Archdale  on  the  9""  Dec. 
1696  held  a  General  Palatiu  Court  at  Edeuton  which  was  the  seat  of 
Government  That  this  Court  directed  Writs  to  be  issued  for  electing 
five  Members  for  each  of  the  four  Precincts  of  Albemarle  County.  That 
by  these  Orders  the  Assembly  received  its  original  form  and  that  the 
number  five  for  each  Precinct  thus  established  was  not  arbitrary  but  the 
privilege  those  Precincts  enjoyed  before  [under]  the  Ciiarter  of  King  Chas. 
2""^  That  at  this  Court  the  rest  of  North  Carolina  lying  on  Pimlico  River 
was  erected  into  a  County  by  the  name  of  Bath  County  and  being  a  new 
one  was  empowered  to  elect  only  two  Members  That  out  of  the  four 
Precincts  of  Albemai-le  County  two  others  have  been  made  by  the  names 
of  Bertie  &  Tyrrell  each  of  which  had  power  to  choose  five  Members. 
That  these  again  have  been  subdivided  Northampton  having  been  taken 
out  of  Bertie  and  Edgecumbe  out  of  Tyrrell  the  two  new  Counties  being 
empowered  to  elect  two  each  and  the  two  old  ones  to  elect  each  three 
Members.  That  Bath  having  been  subdivided  into  eleven  Counties  each 
of  which  sends  two  Members  (besides  which  the  Towns  of  Edeuton  Bath 
Newbern  &  Wilmington  send  one  each)  now  returns  twenty  six  Mem- 
bers instead  of  two  the  number  established  by  the  Palatine  Court  That 
before  the  passing  of  this  Act  there  was  never  any  doubt  about  the 
Constitution  or  number  of  Members  to  be  elected  the  Writs  having  been 
constantly  issued  in  conformity  with  the  facts  above  stated  That  if  the 


1232  COLONIAL  RECORDS. 


Petitioners  insist  that  a  Majority  of  the  Assembly  is  necessary  to  consti- 
tute a  quorum  the  Governor's  Proclamations  have  authorized  that  opin- 
ion he  having  frequently  adjourned  the  Assembly  when  there  was 
not  a  majority  of  the  whole  and  even  when  a  majority  of  the  Bur- 
gesses were  present,  adjournments  had  often  been  made  for  want  of 
a  majority  of  the  Council.  That  from  the  Original  Constitution  to 
1736  the  Writs  have  directed  each  of  the  Precincts  to  choose  five 
Members,  that  altho'  the  form  of  the  Writ  was  altered  in  1736  and 
has  since  only  directed  in  general  terms  that  Representatives  should 
be  chosen  the  number  of  members  has  remained  the  same  till  this 
Act  was  passed.  That  Governor  Johnston  has  frequently  dismissed 
the  House  when  twenty  two  Members  M'ere  present  tho'  fifty  two  is  the 
whole  number  That  this  Act  was  attempted  at  a  time  when  it  was  im- 
possible for  the  Northern  Members  to  attend,  Wilmington  being  200 
miles  distant  from  the  seat  of  Government  in  the  southern  extremity  of 
the  Province  there  being  many  Ferries  seven  miles  in  breadth  to  pass 
and  the  Season  being  not  only  the  most  inclement  but  the  most  disad- 
vantageous as  tis  the  time  when  they  kill  their  beef  and  pork  That  this 
Assembly  at  Wilmington  was  the  latest  that  ever  was  held  that  the  Gov- 
ernor's right  to  prorogue  to  what  time  &  place  he  pleases  must  be  allowed 
but  that  this  was  a  great  abuse  of  power  That  the  two  laws  in  question 
which  are  very  expensive  were  the  only  ones  he  offered  at  that  Session. 
That  there  was  neither  a  majority  of  the  Assembly  upon  the  old  Consti- 
tution nor  even, upon  the  new  model  That  he  insisted  they  were  passed 
by  managem'  and  surprize  as  set  forth  by  Mr.  Attorney  and  Solicitor 
General  as  people  could  not  expect  that  such  business  could  be  done  at 
such  time  and  place  and  that  they  were  also  precipitately  passed  as  five 
days  cant  be  called  a  reasonable  time  for  passing  laws  and  as  these  are  so 
long  they  cant  be  drawn  &  copied  in  that  time  That  the  Governor  had 
no  power  to  pass  such  a  law  he  being  enjoined  by  his  Instructions  to  call 
Assemblies  agreeable  to  laws  &  usages  of  the  Province  and  to  pass  Laws 
with  a  majority  of  the  Council  &  Assembly  &  forbid  to  pass  Laws  of 
an  unusual  or  extraordinary  nature  or  to  repeal  Acts  in  general  terms 
without  a  suspending  clause  That  this  Assembly  had  no  power  to  pass 
this  Law  because  the  original  right  founded  in  the  Palatine  Court  can- 
not be  set  aside  by  any  power  acting  under  that  Constitution  nor  had 
this  Assembly  power  to  pass  any  Act  because  it  is  the  rule  of  law  that 
when  a  charter  is  given  to  a  fixed  number  of  persons  a  majority  of 
them  is  necessary  to  constitute  a  legal  Assembly  That  even  if  they  had 
such  a  power  this  Act  is  illegal  That  Franchises  once  given  cannot  be 
resumed  but  upon  forfeiture     the  Assembly  therefore  acting  under  the 


COLONIAL  RECORDS.  1233 


authority  of  the  charter  could  not  legally  take  away  the  Frauciiise  of 
sending  five  Members  from  those  Counties  to  which  the  charter  gave  the 
Franchise  That  as  to  the  Act  itself  it  is  absurd  &  founded  upon  abso- 
lute falsehoods  That  there  is  a  clause  in  it  which  repeals  all  Acts  or 
Customs  whereby  the  rights  which  this  Act  takes  away  are  established 
altho'  the  preamble  asserts  that  there  is  no  such  law  nor  usage  That  no 
evidence  has  been  given  that  this  Act  is  either  proper  or  reasonable  That 
the  tendency  &  operation  of  it  are  to  throw  people  into  confusion  and  its 
effect  to  destroy  the  privileges  of  the  Constitution  That  there  is  no  par- 
tiality in  the  Petitioners  They  did  not  secede  but  could  not  attend 
That  the  evidence  of  their  Secession  is  false  and  every  part  of  the  peti- 
tion and  of  the  Report  of  the  Attorney  and  Solicitor  General  is  justified. 

The  following  Papers  were  then  read  in  evidence,  Viz : 

A  clause  in  the  charter  granted  by  King  Charles  the  2"^  to  the  Lords 
Proprietors  of  Carolina  relating  to  the  passing  of  Laws. 

Additional  Instruction  from   the  Lords  Proprietors  to   Gov'  Smith 
dated  30*  November  1690 

Instruction  given  by  the  Lords  Proprietors  to  Joiin  Arehdale  Esq. 
Gov'  of  Carolina  dated  31"  Aug.  1694 

Act  for  erecting  the  upper  part  of  Bertie  County  into  a  County  by  the 
^name  of  Northampton  County  passed  in  1741. 

An  Act  to  appoint  part  of  Albemarle  County  to  be  a  Precinct  by  tiie 
name  of  Tyrrel  Precinct  passed  by  the  Lords  Proprietors 

Order  of  Lords  Proprietors  in  1705  for  dividing  the  County  of  Bath 
into  three  Precincts. 

Proclamation  by  Gov'  Johnston  dated  8  March  1742  for  proroguing 
tlie  Assembly  for  want  of  a  sufficient  number  of  tlie  Council. 

Another  d°  dated  9*  March  1742. 

Another  d°  dated   ll""  June  1746  for  proroguing  the  Assembly   for 
want  of  a  majority  being  assembled. 

Deposition  of  Francis  Foster  dated  at  Edenton  14*  April  1749. 

D"  of  John  Wynns  dated  at  Edenton  13*  April  1749. 
,  D°  of  Luke  Sumner  dated  at  Edenton  15""  April  1749. 

D°  of  Abraham  Blackball  dated  at  Edenton  13*  April  1749. 

D"  of  William  Herritage  dated  at  Newburn  5*  April  1749. 

D°  of  Richard  Loveit  dated  at  Newburn  5  April  1749. 

D°  of  James  Craven  dated  at  Edenton  1 2  April  1 749. 

List  of  the  Members  present  at  the  Assembly  held  at  AVilmington 
on  the  21"  November  1746. 

Deposition  of  Joseph  Blunt  dated  at  Edenton  19  May  1749. 

D°  of  Benjamin  Hill  of  the  .same  date 

D°  of  John  Benbury  of  20  Mav  1749. 


1234  COLONIAL  EECOKDS. 


Part  of  the  Coiuiuission  given  to  Gabriel  Johnston  Esq.  dated 
And  the  IS'"  20*  22'"'  &  24*  Articles  of  his  Instructions 

Mr.  Hume  Campbell  in  reply  to  what  had  been  offered  by  Mr.  Jod- 
drell  observed  to  their  Lordsiiips  that  the  matter  to  be  considered  seemed 
reducible  to  three  heads  P'  the  right  of  sending  Members  as  claimed  by 
the  Petitioners  or  in  other  words  the  existence  of  the  Constitution  they 
contend  for  2'"'  The  necessity  of  a  majority  to  constitute  a  quorum  of 
the  Assembly  S'*  The  expedience  &  propriety  of  the  Act  That  as  to 
the  first  the  power  given  by  the  charter  to  the  Lords  Proprietors  could 
not  be  delegated  to  other  men  nor  is  any  Law  valid  under  the  charter 
unless  it  be  under  the  Hands  and  seals  of  the  Lords  Proprietors.  That 
the  number  of  members  to  be  chosen  as  settled  in  the  instruction  to  Mr. 
Smith  could  not  be  intended  for  a  fixed  rule  but  was  only  a  temporary 
Order  proportioned  to  the  then  present  state  of  the  Colony.  That  the 
instruction  to  Mr.  Archdale  is  not  a  legal  delegation  of  the  powers  con- 
tained in  tlie  Charter  and  the  Ciiarter  itself  contains  no  power  to  pass 
Acts  under  the  seal  of  the  Province  That  the  Palatine  Court  could 
have  no  authority  to  make  Laws  because  the  Lords  Proprietors  could 
not  delegate  that  authority  That  notwithstanding  the  order  of  that  Court 
for  the  election  of  five  Members  the  Lords  Proprietors  might  have  passed 
a  Law  that  tiiose  Counties  should  send  only  two  Members  to  the  next 
General  Assembly  That  as  to  usage  of  sending  five  Members  as  men- 
tioned upon  the  Writs  if  none  of  the  Acts  under  which  it  began  were 
legal  the  usage  must  be  void  2°*'^  That  as  to  the  necessity  of  a  major- 
ity of  the  Assembly  to  constitute  a  quorum  the  foundation  of  it  should 
be  found  in  the  Charter  but  no  number  of  Delegates  is  there  mentioned. 
That  altho'  all  records  have  been  ransacked  not  the  least  colour  has  been 
made  out  for  the  Constitution  •  or  pretended  right  3""^  That  as  to  the 
objections  to  the  Act  the  Instructions  to  the  Governor  have  not  indeed 
been  punctually  obeyed  but  as  they  were  not  intended  to  hinder  him  from 
doing  a  beneficial  thing  for  his  Master  this  should  be  no  objection 
That  as  the  pretended  Constitution  is  without  law  the  recital  is  not  false 
and  if  the  Constitution  does  not  exist  the  Assembly  had  power  to  pass  it. 
That  if  with  regard  to  the  Instructions  it  should  be  thought  improper 
to  confirm  this  Act  he  hoped  their  Lordships  would  give  such  directions 
as  may  put  an  end  to  this  arrogated  right  this  pretended  Constitution. 

Thursday.  May  9*  175L 
Mr.  Abercromby  and  Mr.  M°Culloh  attending  Mr.  M°Culloh  moved 
the  Board  for  a  copy  of  Governor  Johnston's  Answer  to  his  Complaint 
against  him  which  was  agreed  to  by  the  Board  and  ordered  to  be  deliv- 


COLONIAL  RECOKDS.  1235 


ered  to  him  and  it  was  recommended  to  him  to  prepare  with  all  possible 
dispatch  to  be  heard  upon  it. 

Tuesday.  June  4'"  1751 
Present 
Mr.  Pitt.  Lord  Dupplin.  Mr.  Townshend. 
The  Secretary  having  acquainted  the  Board  that  Mr.  M°Cuiloli   iiad 
given  notice  of  his  being  ready  to  be  heard  in  support  of  his  Complaints 
against  Mr.  Johnston  Governor  of  North  Carolina  whenever  their  Lord- 
ships should  appoint  a  Day  for  that  purpose  their  Lordships  agreed  upon 
Wednesday  sen'uight  the  12*  inst.  for  taking  this  affair  into  consideration 
and  ordered  the  Secretary  to  desire  the  attendance  of  Mr.  M'Culloh  and 
also  of  Mr.  Abercroraby  Agent  for  the  Governor  on  that  day. 

Wednesday.  June  12""  1751. 

Mr.  M'Culloh  and  Mr.  Abercromby  attending  as  appointed  by  the 
Miuutes  of  the  4""  inst.  were  called  iu  and  the  following  papers  were 
read 

Memorial  of  Mr.  Henry  M°Culloh  to  the  Lords  Commiss"''  for  Trade 
and  Plantations  complaining  of  several  Hardships  and  injustices  done  to 
him  by  the  Governor  and  other  Officers  of  the  Province  of  North 
Carolina 

Letter  from  the  Secretary  to  the  Gov''  of  North  Carolina  dated  14"^ 
July  1749  inclosing  a  copy  of  the  above-mentioned  Memorial  and  con- 
taining their  Lordships  Orders  concerning  the  method  to  be  observed  in 
taking  &  interchanging  Proofs  and  Depositions. 

The  Answer  of  Gabriel  Johnston  Esq.  Governor  of  North  Carolina 
to  Mr.  M'Culloh's  said  Memorial  of  Complaint 

Mr.  M°Culloh  then  desired  leave  to  read  a  paper  entitled  Mr.  ]\l°Cul- 
loh's  reply  to  the  Answer  given  by  Governor  Johnston  to  the  several 
Articles  of  Complaint  contained  iu  Mr.  M°Culloh's  Memorial  which 
Avhen  read  he  presented  to  the  Board. 

The  Parties  were  desired  to  withdraw  and  to  attend  again  on  Friday 
morn*  next  the  14*  inst. 

Friday.  Jujie  14"'  1751. 

'  Mr.  M°Culloh  and  Mr.  Abercroraby  attending  as  desired  by  the  Min- 
utes of  Wednesday  last  tiieir  Lordshi])s  proceeded  to  hear  what  Mr. 
M'Culloh  had  to  offer  in  support  of  his  complaint  against  Gov.  Johu- 
ston  and  the  following  papers  being  part  of  the  bundle  of  Proofs  & 
Depositions  taken  in  North  Carolina  by  Mr.  M°Culloh's  Agents  pur- 
suant to  the  Board's  Orders  transmitted  under  the  Hand  of  the  Gov- 
ernor and  seal  of  the  Province  and  lodged  iu  this  Office  by  Mr.  M°Cul- 
loh  were  read : 


1236  COLONIAL  RECORDS. 


The  interrogatories  and  Depositions  of  John  Wyuu  of  Bertie  County 
of  Nathaniel  Cooper  Dejjuty  Secretary  of  John  Campbell  of  Bertie 
County  Merchant  of  Alex.  M'Culloh  Deputy  Auditor  of  the  Rev.  Mr. 
James  Moir  and  of  Nathaniel  Rice  Secretary  of  North  Carolina 

Mr.  M°Culloh  then  produced  three  patents  for  land  that  had  been 
signed  blank  by  the  Governor  and  filled  up  afterwards  And  the  follow- 
ing papers  were  read,  Viz:  The  Act  to  ascertain  officers  fees  passed  in 
North  Carolina  in  1715  or  1716.  Declaration  of  Mr.  Nathaniel  Rice 
showing  that  the  Minutes  of  Council  relating  to  Mr.  M°Culloh's  Memo- 
rial were  not  truly  entered 

Mr.  M°Culloh's  Commission  Interrogatories  and  Deposition  of  Dr. 
Houston  being  part  of  the  abovementioned  Bundle  under  the  seal  of  the 
Province. 

Mr.  M'Culloh  being  asked  what  Proof  he  could  produce  of  the  Gov- 
ernor having  granted  Injunctions  in  the  manner  set  forth  in  his  Memo- 
rial of  Complaint  answered  that  as  his  agents  had  not  been  able  to  obtain 
the  Governor's  summons  for  the  appearance  of  any  one  evidence,  he  had 
no  proof  of  that  fact  to  produce  but  referred  to  that  part  of  the  Govern- 
or's answer  relating  to  this  matter  which  was  accordingly  read. 

Ordered  that  Mr.  M°Culloh  do  produce  such  letters  from  his  Agenffe 
in  North  Carolina  as  may  prove  they  could  not  obtain  the  Governor's 
summons  for  evidences  in  the  Memorialist's  behalf 

Mr.  M°Culloh  further  observed  to  their  Lordships  that  the  Minutes  of 
Council  of  those  times  in  which  these  affairs  were  transacted  (which 
would  have  been  of  great  service  to  him  on  this  occasion)  had  not  been 
transmitted  to  this  office  which  he  conceived  to  have  been  purposely 
omitted. 

It  being  late  the  Parties  were  ordered  to  attend  again  next  Tuesday 
morning  at  eleven  o'clock  when  their  Lordships  will  hear  the  proofs  of 
that  part  of  Mr.  M°Culloh's  Memorial  which  relates  to  the  obstructions 
he  met  with  in  the  execution  of  his  Commission  and  the  abuses  in  the 
management  of  the  Quit  Rents  and  Grants  of  Land. 

Ordered  that  Mr.  Pownall  do  wait  on  the  Right  Hon.  Horatio  Wal- 
pole  and  desire  the  favour  of  his  attendance  at  the  Board  on  Tuesday 
next. 

Tuesday.  June  18.  1751. 

Mr.  Pownall  acquainted  their  Lordships  that  pursuant  to  their  direc- 
tions he  had  waited  upon  Mr.  Walpole  to  desire  his  attendance  at  the 
Board  this  day  upon  the  subject  of  Mr.  McCulloh's  Complaint  against 
Mr.  Johnston  Governor  of  North  Carolina  relating  to  the  obstructions  he 
has  met  with  in  the  execution  of  iiis  office  and  tliat  Mr.  Walpole  had  de- 


COLONIAL  RECORDS.  1237 


sired  that  this  atfair  might  be  postponed  until  tomorrow  thereupon  tlieir 
Lordships  agreed  that  the  further  consideration  of  this  affair  should  be 
put  off  till  tomorrow. 

Wednesday  June  19""  1751. 

The  Right  Hon'''°  Horatio  Walpole  Esq.  attending  their  Lordships 
took  into  consideration  the  Memorial  of  Mr.  M°Culloh  complaining  of 
Mr.  Johnston  and  after  some  time  spent  therein  agreed  further  to  con- 
sider of  this  affair  at  another  opportunity. 

Thursday  June  27'"  1751. 

Mr.  M°Culloh  and  Mr.  Abercromby  attending  upon  the  Complaints 
of  Mr.  M°Culloh  against  Mr.  Johnston  Governor  of  North  Carolina  Mr. 
M°Culloh  in  obedience  to  their  Lordships  Directions  laid  before  the 
Board  a  letter  from  Benjamin  Hill  his  Agent  in  North  Carolina  dated 
23"'*  July  1750  in  order  to  show  that  he  could  not  obtain  the  Governor's 
summons  for  evidence  in  his  behalf  which  letter  having  been  read  and 
authenticated  by  the  declaration  of  a  person  who  aifirmed  the  same  to  be 
the  iiaudwriting  of  Benjamin  Hill  both  parties  requested  their  Lordships 
that  the  further  consideratiou  of  this  affair  might  be  postponed  for  a 
further  time  which  was  acquiesced  in  by  their  Lordships  and  the  further 
consideration  thereof  was  accordingly  put  off  till  another  opportunity. 

Friday.  August  2""  1751. 

Read  a  letter  from  Mr.  .Johnston,  Gov'  of  North  Carolina  dated  15* 
February  175^,  in  answer  to  one  from  Mr.  Hill  dated  19  July  1750  for 
an  account  of  the  Boundaries  of  that  Province  and  transmitting 

A  Plan  of  the  line  between  Virginia  and  North  Carolina  from  Peters' 
Creek  to  Steep  Rock  Creek  run  in  the  year  1749. 


[From  the  MSS.  Records  op  North  Carolina  Codncil  Journals.] 

COUNCIL  JOURNALS. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  26*  day 
of  March  1751 

Present  his  Excell^  the  Governour 

C  Natli  Rice       )     Esq"  Members 
The  Hon^'^^  James  Hasell  V  of  his 

(.James  Junes  J  Majestys  Council 
The  following  persons  on  motion  to  the  Board  were  admitted  to  prove 
their  owu  and  others  Rights 


1238  COLONIAL  RECORDS. 


James  Buck  9  whites  12  Blacks  in  Beaufort,  William  Dunbar  12 
whites  12  Blacks  in  Beaufoi't,  Robert  M°Kee  3  whites  2  Blacks  in 
Duplin,  James  Dickson  3  whites  Duplin,  Samuel  Davis  9  whites  1  Black 
Anson,  Richard  James  1  white  1  Black  Duplin,  Cason  Brinsou  Junior 
5  whites  Craven,  Joseph  Williams  by  Fra°  Brice  6  whites  2  Blacks 
Duplin,  William  Taylor  by  Isaac  Buck  6  whites  1  Black  Beaufort, 
Richard  Wallis  by  John  Starkey  5  whites  6  Blacks  Onslow,  John  Gillet 
by  John  Starkey  3  whites  3  Blacks  Carteret,  Thomas  Evans  6  whites 
Craven. 

Read  sundry  petitions  for  warrants  for  Land  Viz' 
Joseph  Williams  for  640  acres  in  Duplin,  William  Thomas  for  100 
acres  in  Duplin,  Benjamin  Griifeu  for  50  acres  in  Craven,  Robert  M°Kee 
for  1000  acres  in  Duplin,  Joshua  Roe  for  200  acres  in  Beaufort,  Francis 
Brice  &  Jno  Evans  for  300  acres  in  N  Han"^,  Benjamin  Blackburn  for 
100  in  Duplin,  Newman  Dunn  for  100  in  Craven,  Jno  Gatling  Junior 
for  200  acres  Craven,  John  Gatling  Junior  for  200  acres  in  Craven, 
Granted 

At  a  Council  held  at  the  Council  CImmber  in  New  Bern  the  27""  Day 
of  March  1751 

Present  his  Ex"''  the  Governour 

{Nath  Rice       ~)  t;,    „  -.r      , 
James  HasellPtV^^^™^r^ 
T  T  1      ot  Councd 

James  Junes  J 

Read  the  following  Petitions  for  Warrants  of  Land  Viz' 

Richard  James's  for  150  acres  in  N  Han',  George  Kernegee  100  acres 
in  Craven,  Joseph  Blake  for  640  acres  in  N  Han',  Joseph  Blake  for 
250  acres  in  N  Han',  James  Armstrong  for  300  acres  in  Anson,  James 
Armstrong  for  300  acres  in  Anson,  Samuel  Cubum  for  100  acres  in  An- 
son, John  Devis  for  100  acres  in  Craven,  Thomas  Dudley  for  300  Ons- 
low, John  Gillet  250  Carteret,  Riciiard  Wallis  100  Onslow,  John  Staley 
200  Onslow,  John  Starley  100  Onslow,  Samuel  Davis  200  Anson. 
Granted 

William  Ferry  100  Anson,  Josepii  Blake  360  New  Han',  Isaac  Odam 
300  Anson,  Samuel  Wilson  640  Anson,  Samuel  Wilson  400  Anson,  Jn" 
M°Gee  300  Auson,  Samuel  Young  400  Anson,  George  Carthey  800  An- 
son, Henry  Hendry  300  Anson,  Samuel  Moor  250  Anson,  Samuel  Wil- 
son 600  Anson,  William  Dickey  600  Anson,  William  Dickey  1000  An- 
son, William  Dickey  400  Anson,  Preston  Goforth  300  Anson,  Samuel 
Swann  320  N  Han',  Benjamin  Evans  300  N  Han',  William  Taylor  100 
Beaufort,  Isaac  Buck  600  Anson     Granted 

The  following  Persons,  on  Motion  were  Admitted  to  prove  tiieir  own 
and  others  Rights. 


COLONIAL  RECORDS.  1239 


David  Morgan  by  Col"  Iiiiies  3  Blacks  in  N  Han',  Thomas  Routledge 
1  white  N  Han',  Benjamin  Martin  by  Thomas  Bonner  1  White  Hyde, 
Jn°  Anderson  by  Henry  Skibbons  4  Whites  2  Blacks  N  Han',  Elizabeth 
Meredith  by  Henry  Skibbon  3  Whites  1  Black  N  Han',  Jn°  Simpson 
f  Henry  Skibbon  5  Whites  N  Han',  William  Oldfield  f  Henry  Skib- 
bon 6  Whites  Onslow,  Johnston  Griggers  '§  W"  Carruthere  7  Blacks 
Beauf ,  Richard  Allen  ^  Jno  Dickson  1  White  Duplin,  James  Adair  5 
Whites  8  Blacks  Joiinston. 

Ordered  tiiat  a  Commission  of  the  peace  and  Dedimus  issue  to  Onslow 
County  Constituting  and  appointing  Samuel  Johnston,  John  Starkey, 
James  Toyles,  John  Howard,  Edward  Ward  Senior,  Lewis  Jenkins, 
Thomas  Jenkins,  Benjamin  Wheatley,  Stephen  Lee,  John  Spooner  Eward 
Junior,  Richard  Wallace  and  Mathew  Whitfield  Esq"  Justices  of  tlic 
peace  for  and  witiiin  the  same. 

Ordered  that  Thomas  Child  Attorney  General  and  Francis  Corbin  Esq" 
Agents  of  the  Right  Honourable  John  Earl  Granville  and  the  agents  of  the 
■said  Earl  Granville  for  the  time  being  be  and  they  are  hereby  [appointed] 
justices  of  the  peace  in  each  and  every  County  court  within  this  Province 
and  that  the  names  of  the  said  Thomas  Child,  and  Francis  Corbin  Agents, 
as  aforesaid,  or  the  agents  of  the  said  Earl  Granville  for  the  time  being 
be  inserted  in  all  Commissions  of  the  peace  to  be  issued  for  the  future 
next  and  immediately  after  the  names  of  the  Members  of  his  Majestys 
Council  and  the  s'^  Thomas  Child  and  Francis  Corbin  being  acquainted 
therewith  appeared  and  took  the  several  Oaths  appointed  by  Law  for  the 
Qualification  of  Public  Officers  together  with  the  Oath  of  a  Justice  and 
Suljscribed  the  Test 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  28""  day 
of  ^larch  1751 

Present  his  Ex°^  the  Governour. 

The  Hon'""H^'"'^-^  ^^^'^'^  \  Esq'»  Members  of  Council 
[  James  innes   J        ' 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Benjamin   W  Carlins  for  150  acres  in   Hyde,  Henry  Potts  for  600 

acres  in  Anson,  Edward  Salter  200  Beauf,  James  Bonner  200  Beauf, 

John  Courtney  150  Onslow,  AVilliam  and   Thomas  Routledge  250  N 

Han',  Sam'  W'ilkins  1000  Anson,  Thomas  Potts  150  Anson,  John  Learge 

300  Anson,  John  Clark  600  Anson,  John  &  Thomas  Battey  800  Anson, 

James  Roberson  400  Anson,  Joseph  Samzell  600  Anson,  Solomon  Rew 

100  Craven,  Alexander  Samzel  600  Auson.     Granted 

Josej)h  Clark  640  Anson,  John  Read  400  Anson,  William  Shirril  200 

Anson,  Joseph  White  200  Anson,  William  Rickle  100  Anson,  Andrew 


1240  COLONIAL  RECORDS. 


Ellison  640  Anson,  Andrew  Ellison  640  Anson,  Andrew  Ellison  640 
Anson,  John  Barr  640  Anson,  Jno  Barr  640  Anson,  George  Davidson 
640  Anson,  Thomas  Davidson  640  Anson,  Johnston  Greggers  150  Beanf , 
William  Ramsey  100  Cart',  James  Roberts  300  Onslow,  James  Roberts 
2000  Onslow,  James  Roberts  800  Onslow,  James  Roberts  1000  Onslow, 
James  Roberts  500  Onslow,  James  Roberts  1000  Onslow,  James  Rob- 
erts 1000  Onslow,  James  Roberts  2000  Onslow,  James  Roberts  2000 
Onslow,  James  Roberts  250  N  Han'     Granted 

Read  sundry  Petitions  for  Grants  for  patents  Viz' 

James  Maekilweans  for  640  acres  in  Anson,  Daniel  Warliuk  for  1000 
in  Anson,  Daniel  Warlick  200  Anson,  Peter  Harphet  600  Anson,  Robert 
Brevard  640  Anson,  Daniel  Warlick  1000  Anson,  Thomas  Trewan  300 
Anson,  John  Allen  600  Anson,  Math  Cloves  and  John  Cheyle  100  An- 
son, Daniel  Warlick  260  Anson,  Thomas  Thompkins  200  Anson,  Alex- 
ander Dobben  350  Anson,  George  Rennick  200  Anson,  Peter  Harphel 
600  Anson,  Henry  Whitner  640  Anson,  Henry  Whitner  500  Anson, 
Jno  Cowen  300  Anson,  Ephraim  Lysles  200  Anson,  John  M'Gee  216 
Anson,  Thomas  Lovick  100  acres  in  Anson.     Granted 

His  Excellency  the  Governour  was  pleased  by  and  with  the  Advice 
and  assent  of  his  Majesty's  Council  to  Order  that  a  Dedimus  issue  to 
Bladen  County  directed  to  tiie  Chairman  and  the  rest  of  the  Justices  to 
Qualify  Alexander  Dickey  Justice  of  the  peace  for  and  within  the  same 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  tiie  29""  Day 
of  March  1751 

Present  his  Ex°^  the  Governour 

The  Hon-  i  lauS^'  \  ^''^:  ^^^^'^^.^ 
1   T    T  1       ot  Council 

(^  Ja  Inncs     ) 

Read  sundry  Petitions  for  Warrants  for  Land  Viz' 

James  Adair's  for  400  acres  in  Johnston,  George  Rennick  350  Anson, 
William  Faris  250  N  Han',  Thomas  Johns  420  Duplin,  Richard  Miller 
400  Duplin,  John  Simpson  200  Duplin.     Granted 

Jacob  Wells  for  100  acres  Duplin,  Benjamin  Fuzzle  275  N  Han', 
William  Williams  640  Onslow,  John  Andrews  &  Elizabeth  Merideth 
640  Bladen,  William  Wickliffe  640  Craven,  William  Teague  100  N 
Han'.     Granted 

Read  the  Petition  of  James  Henry  for  a  Warrant  for  One  Hundred 
Acres  of  I^and  in  Bladen  County  which  being  opposed  by  Mr.  INIurray 
is  Ordered  to  Ly  over  till  the  next  Council 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 


COLONIAL  RECORDS.  1241 


Ai'tluir  Bi'van  for  150  acres  in  Johnston,  John  Williams  400  N  Han', 
Thomas  Smitli  200  Craven,  Lancelot  Lovott  200  Carteret,  Francis 
Mackihvean  600  Anson.     Granted 

Ordered  that  the  Fee  allowed  to  the  Attorney  General  on  Grants,  and 
Patents,  by  a  former  order  of  Council  be  revived  and  that  he  do  recieve 
the  same  for  the  future 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  SO"" 
March  1751 

Present  his  Ex"-*"  the  Governour 
rr]     u     bief  Nath.  Rice  James  Hasell  1  Esq"  Members 

\  Math.  Rowan     James  Junes    J       of  Council 

Read  Sundry  Petitions  for  Warrants  for  Lands  Viz' 

Samuel  Griffis's  for  100  acres  in  Craven,  Samuel  Slade  200  Craven, 
Willis  Prescot  400  Carteret,  William  Beasley  200  Craven,  Jn°  Ogesby 
100  Cart',  Paul  Trapiere  640  Anson,  Andrew  Pressly  400  Anson,  Wil- 
liam Brown  200  Anson,  William  Brown  300  Anson,  Thomas  Under- 
wood 400  Anderson,  Thomas  Underwood  300  Anson,  Jn°  Hall  200  An- 
son, Townsend  Robinson  300  Anson,  Andrew  Moorman  200  Anson, 
Joseph  Hall  for  150  Acres  in  Anson,     Granted 

Jno  Moorman  for  250  Acres  in  Anson,  Evan  Lewis  640  Acres  in 
Anson,  Rachel  Lewis  400  Anson,  Alexander  Lewis  500  Anson,  Alex- 
ander Lewis  300  acres  in  Anson,     Granted. 

Read  the  Petitions  of  William  Larkins  and  James  Rezeau  for  Laud 
in  Contest  between  the  Parties  Situate  In  New  Hanover  County  Which 
being  fully  argued  heard  and  Considered  tis  Ordered  that  a  Warrant 
Issue  to  the  said  William  Larkins  for  the  Land  in  Question  that  is  to 
say  for  three  Hundred  Acres  on  the  North  East  branch  of  Long  Creek 
joining  Daniel  Dunbibin. 

Read  the  Petition  of  John  Newman  for  a  Warrant  for  Six  hundred 
and  forty  acres  of  Land  in  Anson  County  on  the  South  side  of  the 
Catawba  River     Delayed  till  better  ascertained 

Read  the  several  Petitions  of  Thomas  Evans  and  Cason  Brinson  for 
Land  in  contest  between  the  parties  Situate  in  Craven  County  On  a  full 
shewing  of  the  arguments  on  both  sides  tis  considered  and  Ordered  that 
a  Warrant  issue  to  the  Petitioner  Evans  for  the  premisses  that  is  to  say 
for  four  Hundred  Acres  joining  James  Sipsays  and  Carson  Brinsons 
lines  next  Trent  River 

Read  sundry  Petitions  for  Grants  for  Patents  Viz' 

John  Crawfords  for  640  Acres  in  Anson,  William  Barnett  600  Anson, 
George  Nickolas  640  Bladen,  John  Vernon  150  Duplin,  INIajor  Croom 
100  Johnston,  David  Smith   200  Bladen,  William  Forbes  577  Anson, 


1242  COLONIAL   RECORDS. 


Alexander    Clark   127   Bladen,   Benjamin  Williams   640  Beanf, 

Williams  200  Craven,  Evan  Lewis  615  Anson,  John  Crawford  Alexan- 
der Lewis  640  Anson.     Granted 

David  Lewis  for  640  Acres  in  Anson,  John  Crawford  640  in  Anson, 
James  Hasell  Esq'  850  N  Han'     Granted 

Read  the  petition  of  Charles  Hart  for  a  Grant  for  Five  hundred  Acres 
of  Land  in  Anson  County  which  being  opposed  on  Consideration  of  the 
Board  is  Rejected 

Grigg  Yarborough  Deputy  Surveyor  exhibited  in  Council  a  return  of 
an  Order  of  Council  granted  to  James  Shackelford,  for  the  resurveying 
of  his  own  as  well  as  a  Tract  of  Arthur  Mabson,  and  Swore  to  truth  of 
said  Returns. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  P'  day  of 
April  1751 

Present  His  Ex°^  the  Governour. 
Xi     w     Me  /  Nath.  Rice         James  Hasell  \  Esq"  Members 
\  Math.  Rowan    James  Innes   J       of  Council 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

William  McGee's  for  500  acres  in  Anson,  David  Steel  400  Anson, 
Arthur  Daniley  100  Bladen,  Thomas  Brooks  300  Bladen,  Hecter  M°Voal 
100  Anson  Daniel  M°Gee  100  Anson,  James  Simms  300  Anson,  Jno 
M-^Gee  100  Anson,  Samuel  M°Gaw  100  Anson,  Nicholas  Smith  100 
Anson,  Nicholas  Smith  100  Anson,  Mathew  Rowan  Esq'  100  N  Han', 
Jno  Squire  100  Bladen,  Jn"  Branton  100  Bladen,  James  Carver  150 
Bladen.     Granted 

Read  sundry  Petitions  for  Grants  for  Patents  Viz' 

Thomas  Brooks's  fof  400  acres  in  Bladen,  Charles  Heard  100  acres  in 
Bladen,  Nicholas  Smith  450  Bladen,  Thomas  Armstrong  160  Bladen, 
Robert  Taylor  100  Craven,  Robert  Doway  400  Bladen,  James  Bladwin 
200  Bladen,  Bryan  Cannon  200  Bladen,  Mathew  Kuykendale  300  An- 
son, Ja'  Kuykendale  600  Anson,  William  Pole  400  Anson.     Granted. 

Read  the  Petition  of  Robert  Lepper  for  a  Grant  for  200  acres  of  Land 
in  Anson  County,  which  being  objected  to  is  Delayed  till  the  next  Council. 

Then  the  Council  adjourned  till  3  OClock  in  the  afternoon. 

The  Council  met  according  to  adjournment     Present  as  before. 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Andrew  Bass's  for  300  acres  in  Johnston,  William  Wilson  600  Anson, 

Charles   M°Dowall   200    Anson,   James    Fanman   400   Anson,   Ranold 

McVaughton  200  Bladen,  James  Lewis  600  Anson,  William  Welch  400 

Anson,  James  Fannon  400  Anson,  Abington  Hinrel  400  Anson,  Robert 


COLONIAL  RECORDS.  1243 


M'Ferson  600  Anson,  Daniel  Feeters  600  Anson,  Mary  Moor  3000 
Craven,  William  Eliot  100  Craven,  Mary  Moor  640  Craven.     Granted. 

Read  the  following  Petitions  for  Grants  for  Patents  Viz' 

Duncan  M''Caiilky's  for  200  acres  in  Bladen,  Marck  Morris  100 
Craven,  Nath  Rice  &  Epraim  Vernon  200  N  Han',  John  White  100  N 
Han"'.     Granted 

His  Excellency  was  pleased  by  and  with  the  Advice  and  consent  of  his 
Majesty's  Council  to  Order  that  a  Commission  of  the  peace  and  Dedinius 
issue  to  Anson  County  constituting;  and  appointing  Jamas  M'^Kilwean 
Joseph  White  Charles  Robinson  Edmnnd  Cartledge  William  Philips 
Samuel  Davis,  Thomas  Smitii  James  Carthey  John  Holmes  Alexander 
Osborne,  Walter  Carooth  John  Brevard  John  Brandon  and  James  Car- 
ter Esq"  Justices  of  the  Peace  for  and  within  the  same 

His  Excell^  was  likewise  pleased  by  and  with  the  Advice  and  Consent 
of  his  Majestys  Conncil  to  order  that  a  Commission  of  the  peace  and 
Dedimus  issue  to  Bladen  County  constituting  and  appointing  Hugh 
Blaniug  Griffith  Jones  Joseph  Crark  James  Lyon  William  Bartram 
Samuel  Baker  Benjamin  Fitzrandolph  Ralf  Miller  John  Brooks  John 
Grange  John  White  Timothy  Terrel  Henry  Simmons  William  Pugh 
Jonathan  Evans  John  Thomas  Turnbull  Thomas  Hall  Alexander  May- 
been  and  James  Dickey  Esq"  Jnstices  of  the  Peace  for  and  Within  the 
same. 

The  Secretary  represented  to  his  Excellency  and  the  Councill  that 
great  numbers  of  People  who  have  petitioned  for  Land  have  never  taken 
out  Warrants  for  snrveying  the  same  in  persuance  of  their  Petitions  and 
in  Order  to  obtain  a  Title  and  that  divers  others  who  have  taken  out 
Warrants  have  Nevertheless  neglected  to  have  their  Lands  Admeasured 
and  return  thereof  made  into  the  Secretary's  Office,  And  that  others 
again  who  have  obtained  Grants  in  Consequence  of  Warrants  Surveyed 
and  returned  have  for  many  years  neglected  to  take  out  Patents  thereby 
Eluding  the  payments  not  only  of  the  Fees  due  to  the  several  Officers 
thereon  but  also  of  his  Majestys  Quit  Rents 

The  Board  taking  the  same  into  consideration  it  was  Ordered  that  a 
List  of  all  such  Patents  now  remaining  in  the  Office  be  made  out  and 
affixed  at  the  Council  Chamber  and  other  proper  places  to  give  notice  to 
the  parties  entitled  to  such  Patents  that  unless  they  are  taken  out  within 
Eight  Months  from  this  Date  the  Lands  intended  to  be  conveyed  by 
Such  Patents  will  be  deemed  vacant  and  free  for  any  other  person  to 
take  up  and  that  a  proclamation  do  issue  accordingly. 

It  was  further  Ordered  that  all  persons  making  Entry  of  Lands  shall 
pay  down  the  Fees  of  the  Warrant  at  the  time  of  making  such  Entry, 


1244  COLONIAL  RECORDS. 


and  if  application  be  not  made  for  a  Grant  of  the  said  Laud  the  first 
Court  of  Claims  after  the  Expiration  of  the  term  limited  for  return  of 
the  said  Warrant  that  the  said  Land  shall  be  free  for  any  other  person 
to  take  up 

And  it  was  further  Ordered  that  all  Persons  applying  for  a  Patent 
shall  pay  down  the  Fees  of  such  patents  at  the  time  of  such  application. 
And  lastly  it  was  ordered  that  all  persons  who  shall  obtain  any  Grants 
of  Lands  at  all  at  the  next  ensuing  Laud  Office  take  out  a  patent  for  the 
same  otherwise  the  Lands  shall  for  the  future  be  deemed  Vacant  and  free 
to  be  taken  up  by  any  other  person  who  shall  apply  for  the  same. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  '2^  day  of 
April  1751 

Present  His  Ex°^  the  Goveruour. 
rpi     TT     bies  /  Nath  Rice  James  Hasell  ]  Esq"  Members 

\  Math  Rowan     James  Innes   /     of  Council 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

John  Lots  for  200  acres  in  Duplin,  John  Conerly  640  Johnston,  Thomas 
Long  640  Duplin,  Thomas  Perid  50  Jn°ston,  Richard  Caswell  -50  Ju°ston, 
Luke  Whitefield  100  Johnston,  Samuel  Ratcliffe  Jun"-  200  Duplin 
Granted 

John  Stainland  for  150  acres  in  Johnston,  Stephen  Blackman  400 
Johnston,  Job  How  400  N  Hanover,  Job  How  300  N  Han',  Job  How 
300  N  Han',  Job  How  500  N  Han',  William  Speight  300  Craven,  John 
Heath  for  100  acres  in  Craven,  Samuel 'Baker  640  Bladen,  Francis 
Blount  100  Craven,  James  Smith  240  Cart',  William  Barney  200  Bla- 
den, Joseph  Fort  300  Bladen,  Robert  Dunn  300  Bladen,  William  Stevens 
200  Bladen,     Granted 

Read  sundry  Petitions  for  Grants  for  Patents  Viz' 

Benjamin  Cooper  Senior  250  Craven,  Abraham  Powell  for  300  acres 
in  Johnston,  John  Counerly  300  Duplin,  John  Smith  l40  Bladen, 
Thomas  Cox  300  Craven,  William  Palmer  200  Joimston,  Samuel  Strick- 
land for  200  acres  in  Johnston     Granted 

On  motion  to  the  Board  the  following  Rights  were  admitted  to  be 
proved  Viz' 

Robert  Dunn's  by  Corn'  Fimms  3  Whites  in  Bladen  James  Smith  3 
Whites  in  Craven 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  3"  day  of 
April  1751. 

Present  his  Ex°^  the  Governour 
'PI     TT     We  /  Nath  Rice  James  Hasell  \  Esq"  Members 

I  Math  Rowan     James  Innes    (     of  Council 


COLONIAL  RECORDS.  1245 


Read  the  following  petitions  for  Warrants  for  Land  Viz' 

William  Blackbnrn  for  400  acres  in  Duplin,  Charles  Gavin  for  1000 

acres  in  Duplin,  Joshua  Hill  for  300  acres  in. Craven,  William  Dry  640 

Bladen,  .James  Rhoads  200  Johnston     Granted 

By  order  JN"  RICE  C  C 


At  a  Council  begun  and   held  at  the  Council  Chamber  in  New  Bern 

the  26*  Day  of  September  Anno  Dom  1751 

Present  his  Excellency  the  Governour 

-pi     w     i-ie  /  J^Iathew  Rowan  )  Esq"  Members 
(  James  Hasell      J      of  Council 

It  being  certified  to  tliis  Board  that  William  Forbes  Esq'  who  has 
been  disabled  by  sickness  and  old  age  for  these  two  years  past  lay  at  the 
point  of  Death,  and  tliat  Natiianiel  Rice  Esq'  was  so  bad  with  the  Gout  that 
it  was  impossible  for  him  to  attend  the  Assembly  at  this  time  His  Excellency 
demanded  the  Opinion  of  the  Board  what  was  proper  to  be  done  in  Order 
to  carry  on  the  business  of  the  present  session  thfre  being  but  four  Mem- 
bers capable  of  attending  It  was  the  unanimous  opinion  that  in  conse- 
quence of  his  Majestys  Royal  Instruction  the  Council  ought  to  be  filled 
into  the  number  seven. 

Wliereupon  his  Excellency  tiie  Governour  was  pleased  by  and  with 
the  advice  and  assent  to  nominate  constitute  and  appoint,  John  Rutlier- 
ford,  Francis  Corbin  and  John  Swann  Esq"  Members  of  iiis  Majestys 
Council  for  and  within  this  Province  who  being  acquainted  therewith 
severally  appeared  and  took  and  subscribed  the  several  Oaths  by  Law 
appointed  to  be  taken  for  the  Qualification  of  Public  Officers,  together 
with  the  Oath  of  a  Councillor,  and  tlieir  places  at  the  Board  accordingly 
Present 

iJohn  Rutiierford  ^  tt.     „  i\t      i 
t:,    ,  ^,    ,  .  I  Esq"  Members 

r  ra'  Lor  bin  V       {.  ,-,         ., 

1   „  o  1      ot  Council 

Jn   Swann  ) 

Then  the  Council  adjourned  till  3  o'Clock  in  the  afternoon. 

The  Council  met  pursuant  to  Adjournment 

Present  Plis  Excell^  the  Governour 
r  Matii  Rowan     Ja  Innes  "^ 

'•pi      fj     bie  )    Ja  ^lurray         Jn°  Rutherford    !  Esq"  Members 
'    Ja  Hasell  Era  Corbin  f     of  Council 


Jn°  Swann 

Read  sundry  Petitions  for  warrants  for  Land  Viz' 

James  Stringhams  for  100  acres  in  Craven  Bartholomew  Bern  200 
New  Hanover,  David  Huston  600  Anson,  John  Andrews  320  N  Han- 
over, John  Nelon  50  Carteret,  Willoughby  Richards  100   Hyde,  John 


1246  COLONIAL  KECORDS. 


Stewart  200  Craven,  William  Spier  200  N  Han'  Francis  Maekilwean  600 
Anson,  William  Price  400  Anson,  Thomas  Trewins  200  Anson    Granted 

Judetli  Cobnrn  for  400^cres  of  Land  in  Anson,  William  Watson  400 
Anson,  Charles  Battey  800  Anson,  James  Wilson  600  Anson,  Mathias 
Dick  400  Anson,  Peter  Boomgarner  200  Anson,  George  Rennick  James 
Good  Fellow  300  Anson,  Alex"^  M°Cowan  150  Anson,  Alex"'  M°Cowan 
300  Anson,  Sam'  Miller  300  Anson,  Peter  Arack  400  Anson,  Robert 
Guthage  400  Anson,  Blancy  Mills  400  Anson,  Conrad  Peva  400  Anson, 
Gabriel  Brown  200  Anson,  Jn°  Armstrong  350  Anson,  John  Doghart 
300  Anson,  William  Drew  300  Anson,  Andrew  Downs  300  Anson,  Ed- 
ward Griffins  400  Anson,  Nath'  Alexander  600  Anson,  David  Hnston 
400  Anson,  Robert  Harris  for  600  Acres  in  Anson.     Granted 

Andrew  Nott  200  acres  in  Anson,  William  Knott  600  Anson,  Robert 
Tenan  300  Anson,  William  Aday  600  Anson,  Samuel  Dunlaps  300 
Anson,  Rob'  Ramsey  300  Anson,  John  Locker  400  Anson,  William 
Moore  300  Anson,  Thomas  M'Honey  300  Anson,  Robert  Ramsey  400 
Anson,  William  Moore  600  Anson,  Thomas  M°Honey  600  Anson,  John 
Hay  ward  300  Anson,  William  Love  600  Anson,  William  Love  800 
Anson,  William  Love  600  Anson,  William  Whight  600  Anson,  Wil- 
liam Whight  600  Anson,  William  Whight  600  Anson,  William  Whight 
600  Anson,  Greggan  Moore  600  Anson,  Gregan  Moore  600  Anson, 
Gregan  Moore  600  Anson,  Gregan  Moore  600  Anson,  Gregan  Moore 
600  Anson,  Nath'  Alexander  600  Anson,  David  Templeton  600  Anson, 
Francis  Allison  300  Anson.     Granted 

David  Templeton  600  Anson,  James  Moore  400  Anson,  William 
Robinson  400  Anson,  Robert  Ramsey  300  Ausou,  Thomas  M°Honey 
300  Anson,  William 400  Anson.     Granted 

Read  sundry  Petitions  for  Grants  for  Patents  Viz' 

Richard  James's  for  200  Acres  in  New  Hanover,  Richard  James's  200 
Duplin,  Richard  James  200  Duplin,  Samuel  Wilson  600  Anson,  John 
Brandon  585  Anson,  Christopher  Dawson  100  Craven,  Amos  Cuthrel 
274  Craven,  Lewis  Trott  200  Carteret,  Richard  Curtis  150  Onslow, 
Robert  Courtney  320  Onslow,  James  Allison  127  Beaufort,  William 
Rogers  200  Craven,  John  Pair  207  Craven,  Thomas  Austin  236  Carte- 
ret.    Granted 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  27""  day 
of  September  1751  P  M 

Present  his  Excell^  the  Governour 
f  Math  Rowan     Jn°  Rutherford 


'•pi     R     lie  J    J^  Murray  Fra  Corbin  [  Esq"  Members 

I   Ja  Hasell  Jn°  Swann  |       of  Council 

1^  Ja  Innis  J 


COLONIAL  RECORDS.  1247 


On  motion  to  the  Board  the  following  persons  were  admitted  to  prove 
their  own  and  others  Rights  Viz' 

John  Bradley  10  Wiiites  in  Craven,  Joseph  Slade  1  White  1  Black 
Johnston,  Michael  King  5  Whites  5  Black  Duplin,  George  Bell  9  White 
3  Blacks  Duplin,  Fran'  Pugh  by  William  Pugh  1  White  2  Blacks 
Bladen 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

James  Carroway  for  200  acres  in  Craven,  Thomas  Goulding  300  Cart', 
George  Cogdale  300  Cart',  Benjamin  Adams  170  Duplin,  W"  Pugh  200 
Johnston,  Francis  Pugh  200  Duplin     Granted 

Isaac  Odam  for  200  Anson,  James  Pugh  100  Bladen,  Jacob  Pagett 
&  W-°  Brice  300  Jn'ston,  Daniel  Melvin  100  Bladen,  W"  Odam  300 
Bladen,  W"  Hall  300  Bladen,  Rob'  Sweet  100  Anson,  W"  Wilkinson 
200  Anson,  W"  Pugh  500  Bladen,  Joseph  Elkins  300  Bladen,  Thomas 
Odam  100  Anson,  Alexander  Rounce  100  Duplin,  Mich'  King  (540 
Duplin,  Cornelius  Taylor  100  Jn°.ston,  Thomas  Taylor  100  Jn°.ston,  W"" 
Williamson  340  Ju°ston,  Tho°  Hogg  Senior  250  Jn°ston,  William  Brid- 
ger  200  Jn°ston,  Henry  Jernegan  100  Blad",  Isham  Hatcher  150  Jn°ston, 
David  Reynolds  200  Jn'ston,  George  Bell  640  Duplin,  Allen  Sloan  300 
N  Han"",  Arthur  Johnston  100  Craven,  Stephen  Emery  300  Hyde. 
Granted 

Joseph  Lock  150  Bladen,  Rob'  Hays  200  Duplin,  Jn"  Franch  640 
Craven,  John  Sloan  100  Bladen,  Thomas  Kennan  200  Duplin,  John 
Goff  250  Duplin,  John  Perrit  400  Duplin,  Thomas  Corbett  300  Bladen, 
Jno' James  300  N  Han'  Maurice  Moore  Jun'  170  N.  Han"',  Abraham 
Bailey  100  Craven,  Jno  James  640  N  Han^  Jno  James  250  N  Han', 
Shandrack  Allen  600  Craven.     Granted 

Read  the  following  Petitions  for  Patents  for  Land  Viz' 

Thomas  Startimes  for  200  acres  in  Craven,  Henry  Sumerland  100 
Anson,  John  Williams  300  Beaufort,  William  Dickie  600  Anson, 
Charles  &  Thomas  Battey  800  Anson,  Thomas  Rennels  600  Anson, 
George  Cathey  800  Anson,  James  Robinson  400  Anson,  Samuel  Wil- 
kins  1000  Anson,  Henry  Kendry  300  Anson,  Thomas  Rennels  300 
Anson,  Jno  Large  300  Anson.     Granted. 

Upon  the  Complaint  of  Thomas  Boyet  setting  forth  that  John  West 
a  Justice  in  the  Commission  of  the  peace  for  the  County  of  Johnston 
had  been  guilty  of  sundry  illegal  Proceedings  toward  him  in  the  Execu- 
tion of  his  Office, 

Mr.  Samuel  Swann  appeared  and  informed  the  Board  that  the  .said 
John  West  was  in  Council  and  ready  to  answer  to  the  Charge  of  the  said 
Boyet  who  thereupon  Being  called  and  failed  to  appear  to  support  the 
said  Complaint,  tis  Ordered  that  the  same  be  dismist 


1248  COLONIAL  RECORDS. 


At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  28*  Day 
of  September  1751  P  M 

Present  his  Ex°^  the  Governour 
Math  Rowan         Jn°  Rutherforcr 


ry]     TT        )  Ja  Murray  Fra  Corbin         (  Esq"  Members  of 

■  ^  Ja  Hasell  Jno  Swann  (  Council 


Ja  Innis 

Read  sundry  Petitions  for  Warrants  for  Land  Viz' 

John  Ashes  for  1280  acres  in  N.  Han',  Sam' 1 50  N.  Han'',  Jeremiah 

Smith  100  Beauf,  Adoniram  Treadwell  400  Bladen,  Jno  Holley  300 
Bladen,  Jno  Holley  100  Bladen,  Moses  Tyler  400  Duplin,  Gregan 
Moor  800  Anson,  John  Holley  100  Duplin,  Jno  Rutherford  320  Bladen, 
Jn"  Rutherford  320  Bladen,  Alexander  Steel  200  Craven,  W"Keyes300 
Blad",  Thomas  Devaughn  300  Blad",  Rich''  Helley  640  Duplin,  Bryan 
Lee  100  Bladen,  W"  M"Gee  350  Bladen.     Granted. 

Daniel  Love  100  Duplin,  Dugal  McMillan  300  Bladen,  William  Dawson 
300  Bladen,  William  1 50  Bladen,  Josh  Waters  400  N  Han',  Jno 
Waters  150  N  Han',  Jn°  Waters  100  N  Han',  Barbara  Clark  100  N 
Han',  Fra'  Mackilwean  300  Anson,  Fran°  Maekilwean  400  Anson,  Bar- 
bara Clark  100  N  Han',  James  Marris  500  N  Han',  Elias  Ligardere  and 
John  Williams  1200  Craven,  John  Gatling  Jun'  150  Craven,  Jno  Wil- 
liams 100  Craven,  James  Moor,  200  Duplin,  Thomas  Jones  300  N  Han', 
Jabeth  Weeks  100  Carteret,  Agerton  Willis  300  N  Hanover,  W""  Tryer 
100  Duplin,  James  Denson  151  Onslow,  George  Nicholas  200  N  Han', 
Tho'  Brown  300  Jn'ston,  Charles  Harrison  640  N  Han',  Thomas  Gould- 
ing  400  Cart',  Thomas  Match ett  100  Carteret,  Joseph  Slade John- 
ston    Granted 

Josepii  Slade  800  Craven,  Jom  Bradley  &  Jacob  Bradley  640  John- 
ston, Micajah  Rice  200  Johnston     Granted 

Read  the  following  Petitions  for  patents  for  Land  Viz' 

James  Odom  Junior  for  250  acres  in  Bladen,  Samuel  Baker  200  Bla- 
den, Thomas  Brooks  100  Bladen,  Isaac  Odom  640  Bladen,  David  Lewis 
120  Craven,  Elias  Lagadere  1000  Anson,  Jacob  Miller  250  Craven, 
Granted 

Read  the  Petition  of  John  Rounce  shewing  that  on  the  tenth  Day  of 
March  1736  he  obtained  the  Kings  Patent  for  One  hundred  and  forty 
acres  of  Land  situate  in  Craven  County  as  then  called  but  now  Johnston, 
on  the  north  side  of  Neuse  River,  Beginning  at  a  red  Oak  a  corner  tree 
of  Lazarus  Turners  Land  and  running  down  the  Petitioners  and  that 
he  has  all  along  duely  paid  the  Quit  rents  of  the  same.  But  the  Petitioner 
being  lately  informed  that  the  complement  of  Land  comprized  within  the 
causes  of  his  Patent  is  only  132  Acres  he  in  order  to  fully  satisfy  him- 


COLONIAL  RECORDS.  1249 


self  therein   humbly  prays  a  resurvey  thereon  which   is   Granted   and 

ordered  that  the  Surveyor  General  do  accordingly  resurvey  the  same  and 

make  report  of  his  doing  to  tlie  next  Council 

Then  the  following  Persons  Rights  were  admitted  to  be  proved  Viz' 
Charles  Gavins  3  whites  2  Blacks  in  Duplin,  W"  Jacobs  by  Charles 

Gavin  20  Blacks  in  Duplin. 

At  a  Council  held  in  the  Council  C'iiainber  in  New  Bern  the  30  Day 
of  September  1751  P.  M. 

Preseiit  His  Excell^  the  Governour 
C  M  Rowan     Jno  Rutherford  "] 
rpi      LT     bie   I  J'l  Murray    Fra  Corbin  (  Esq"  Members 

''^      '"* '       j  Ja  Hasell      Jno  Swann  (     of  Council 

[^        -        Ja  Innes  J 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
John  Cooks  for  200  Acres  in  Duplin,  Esley  Kilpatrick  400  Johnston, 
Dan'  Parine  100  Duplin,  Francis  Griggs  for  100  acres  Duplin,  Samuel 
Green  100  Duplin,  Thomas  Wilcoxs  200  Onslow,  Jno  Wilcox  200  Cart', 
William  Black  400  Onslow,  W"  M°Kee  100  Duplin,  Benjamin  Dumas 
400  Anson,  Benjamin  Dinuas  300  Anson,  Benjamin  Dumas.  400  Anson, 
Alex'  Lavis  200  Anson,  Bfenjamin  Lavis  600  Anson,  Reese  Price  600 
Anson,  Reese  Price  600  Anson,     Granted 

Joseph  Clark  300  Bladen,  Berringer  Moor  100  Bladen,  Jn°  Farvil 
Pointer  200  Bladen,  Sam'  Lewis  100  N  Hanover,  Sam'  Johnston  Esq'' 
2000  Duplin,  Solomon  Huffhara  200  Duplin,  Jno  Yarborough  200 
Onslow,  W"  Basham  Whitford  200  Craven,  Horatio  Woodiiouse  640 
Onslow     Granted 

Then  read  sundry  Petitions  for  patents  for  Land  Viz' 
Jacob  Wells  for  100  acres  in  Duplin,  James  Fannon  400  Anson, 
George  Charlton  200  Craven,  William  Wilkinson  200  Craven,  Windal 
Blyther  200  Johnston,  Jn°  Holland  200  New  Hanover,  W"  Spieght  300 
Craven,  Thomas  Moor  200  N  Han',  Thomas  Moor  70  N  Han',  Richard 
Millar  400  Duplin,  Charles  Gavin  500  Duplin,  George  Harnage  200 
Dnplin,  John  Smith  300  Duplin,  W"  Stanley  625  Jn''ston,  Jno  Herring 
500  Duplin,  James  Fannon  400  Anson,     Granted 

Read  the  Petition  of  Peter  Reel  setting  forth  that  his  Father  Peter 
Reel  deceased  on  the  thirteenth  day  of  October  1736,  obtained  the  Kings 
Patent  for  three  hundred  and  fifty  acres  of  Land  situate  in  Craven 
County  on  the  north  side  of  Neuse  and  East  side  of  Swifts  Creek  and 
the  Petitioner  conceiving  there's  more  Land  Contained  within  the  courses 
&  Distances  of  the  said  patent  than  the  same  specifies  humbly  prays  si 
Vol.  4—119 


1250  COLONIAL  RECOEDS. 


resurvey  thereon,  whieh  is  Granted  and  Ordered  that  the  Surveyor  Gen- 
eral do  accordingly  resurvey  the  same  and  make  report  of  his  Doings  to 
the  next  Council. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  1"  Day  of 
October  1751 

Present  His  Ex°^  the  Governour 

{Math  Rowan     Ja  Innes  )    t:-    ra  ht      i 

Ja  Murray         Jn°  Rutherfonl  I  ^'%  M^'"l^f  ^ 
T     tr       n'  Too  1        t'l   Louncil 

J  a  Hasell  Jn   bwann  ) 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Samuel  Pope's  for  150  acres  in  Craven,  William  Whitney  150  Craven, 
James  Henry  100  Bladen,  Timothy  Allen' 250  Hyde,  William  Car- 
ruthers  200  Beau.,  James  Denson,  Jun''  200  Anson,  Caleb  Touchstone 
200  Anson,  Benjamin  Vines  150  Anson,  Jno  Simmons  250  Anson,  W™ 
Wilson  600  Anson,  Jn°  Price  600  Anson,  Robert  M^Clenham  400  Anson, 
Robert  Calwell  600  Anson,  William  Davis  300  Anson,  Robert  Davis  600 
Anson,  Andrew  Mitchell  400  Anson,  John  Cathey  800  Anson,     Granted 

Jane  M  Wherton  400  in  Anson,  Thomas  Roberson  800  in  Anson, 
Henry  White  800  Anson,  William  Roleston  600  Anson,  Samuel 
Davis  and  James  Carter  500  Anson,  James  Armour  600  Anson, 
Andrew  Pickens  800  Anson,  Jno  Duggen  600  Anson,  W"  King  300 
Anson,  W"  Dry  320  New  Hanover,  Francis  Parker  500  Bladen,  W" 
Barham  150  Bladen,  Matthew  Small  350  Bladen,  Silvanus  Saul  100 
Bladen,  Jno  Hill  250  Craven,  George  Salter  300  Anson,  Jno  M°Lane 
200  Anson,  Garrit  Johnston  100  Craven,  David  Lindsay  640  Craven, 
Robert  Mears  640  Duplin,  Thomas  Kennels  600  Anson,  Jacob  Johnston 
300  Craven,  John  Dunn  for  100  acres  in  Bladen.     Granted 

Thomas  Kennels  600  Anson,  Thomas  Davis  100  Bladen,  Samuel 
M°Veney  600  Anson,  Jno  Linn  200  Anson,  William  Roberts  800  Bladen, 
Jno  Mills  Jun'  640  Beauf,  James  Ellison  640  Beauf.     Granted 

Read  sundry  Petitions  for  Patents  for  Ijand  as  follows  Viz' 

George  Brownes  for  150  acres  in  Bladen,  Robert  M°Cappin  315  Anson, 
Edward  Griffith  50  Craven,  Jn°  Smith  66  New  Han^  Jno  Murphy  100 
Craven,  Jno  Vendrick  100  Craven,  Lemuel  Hatck  640  Craven,  Jno 
Hall  200  Anson,  Andrew  Pressley  260  Anson,  Charles  M°Dowell  200 
Anson,  Daniel  O  Shoot  200  Anson,  William  Gibson  66  Onslow,  Conrid 
Whitman  200  New  Han',  Griffith  Jones  100  Bladen.     Granted 

Thomas  Everton  200  Craven,  Henry  Gibbins  300  Craven,  Jn"  Peters 
300  Craven,  Thomas  Kinnion  50  N  Han',  Alexander  M"Kiken  640 
Bladen.     Granted 


COLONIAL  RECORDS.  1201 


His  Excellency  tlie  Goveriiour  was  pleased  to  acijiiaiiit  the  Board  tluit 
lie  had  received  an  Address  from  the  lower  House  and  demanded  their 
Opinion  and  Advice  therein  which  was  read  and  is  as  follows  Viz' 

May  it  please  your  Ex°^ 

This  House  desires  You'll  be  pleased  to  direct  the  Commissioners 
appointed  by  your  Ex"^  to  sell  such  goods  as  were  saved  and  taken  from 
the  Spanish  Wreck  to  lay  before  your  Excellency  an  Account  of  the 
monies  arising  by  such  sales  and  the  distribution  thereof  at  the  next 
Assembly  and  to  ])ay  one  fourth  of  the  Monies  arising  by  the  sale  thereof 
to  the  Public  Treasurer,  that  the  said  fourth  part  may  be  Applyed  by 
your  Ex°^  the  Council  and  General  Assembly  Agreealile  to  your  Ex°^' 
former  Appointment  By  order  SAM'  SWANN  Speak' 

Oct  1"  1751 

The  Board  informed  his  Excellency  that  as  Mr.  George  Nickolas  had 
entered  Caveat  or  Protest  against  any  proceedings  to  be  had  in  Conse- 
quence of  such  his  Excellency's  Appointment  they  could  not,  as  they 
concieved,  regularly  do  anything  in  the  aifair  without  first  hearing  what 
the  said  Nicholas  [hadj  to  say  in  relation  thereto.  Whereupon  it  was 
Ordered  that  the  Matter  over  till  to  morrow. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  2''  Day 
of  October  1751 

Present  his  Ex°^  the  Governour 
Math  Rowan      Ja  Innes  ^ 


rpi      TT         I  Ja  Murray         .Jn"  Rutherford      (    Esq"  ^lembers 
ilie  Mon.      j.^  j^.^^^jj  -p^.^  ^^j,j^.^^  ,.      ^^  Council 


1^  Jn°  Swann 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Cobb  Howells  for  300  acres  in  Anson,  Joseph  Hannis  300  Craven, 
Jn"  Gregory  200  Onslow,  Benjamin  Blackburn  100  Duplin,  Sam'  Griffis 
100  Craven,  Benjamin  Turner  for  200  acres  Onslow,     Granted 

Read  sundry  Petitions  for  Patents  for  Land  Viz' 

William  Teague's  for  100  acres  in  Johnston,  Adam  Piatt  200  Craven, 
Samuel  Davis  200  Anson,  James  Armstrong  300  Anson,  Sam'  Cubern 
400  Anson,  William  Terry  100  Craven,  Edmund  Cartledge  400  Anson, 
Samuel  Wilson  640  Anson,  James  Armstrong  300  Anson,  Simon  Her- 
ring 600  Duplin,  William  Rickle  100  Anson,  Sam'  Wilson  400  Anson, 
Jno  Clark  500  Anson,  Jno  Clark  200  Anson,  James  Crawford  100  Ons- 
low, James  Gillespie  1280  Anson,  James  Gillespie  for  200  acres  in  Anson 
Granted 


1252  COLONIAL  RECORDS. 


His  Excellency  was  pleased  by  and  with  the  advice  &  Assent  of  his 
Majestys  Council  to  Order  that  a  Commission  of  the  peace  &  Dedemus 
issue  to  Perquimans  County  constituting  and  appointing  the  former  per- 
sons Justices  &  adding  thereto  Jn°  Clayton  John  Harvey  Benjamin  Har- 
vey Abraiiam  Ballard  Benjamin  Pervey  Robert  Reddick  and  Jacob 
Doctore. 


At  a  Council  held  at  the  Council  Cliamber  in  New  Bern  tlie  S""  Day 
of  October  1751 

Present  his  Ex"''  the  Governour. 

{Math  Rowan  Ja  Innes         )  F    "  M      1     - 

Ja  Murray  Fran  Corbin  V       l  ^,         ., 

T    TT      n"  T  0  a  1      or  Council 

J  a  Hasell  Jn°  bwann     ) 

Read  the  Petition  of  Richard  Flanikin  to  this  Board  setting  forth 
that  William  Payton,  a  Justice  in  the  Commission  of  the  peace  for 
Beaufort  County  had  acted  towards  him  in  a  manner  very  illegal  &  in- 
consistent with  the  Duty  of  a  Majistrate. 

Then  the  petitioner  produced  William  Dunbar,  W"  Tripp,  Jeremiah 
Smith  and  William  Daco  as  Evidence  to  support  his  Allegation  who 
being  sworn  and  examined  upon  tiie  subject  thereof,  and  the  said  Peyton 
fully  lieard  in  his  Defence,  his  Excell''  was  pleased  to  demand  the 
Advice  of  the  Council  therein  who  having  duely  weighed  and  Consid- 
ered thereof  were  unanimously  of  Opinion  that  the  matter  complained 
of  was  clearly  proved  and  that  the  said  Peyton  for  behaving  so  unwor- 
thily in  his  Office  ought  to  be  suspended,  Ordered  that  the  said  Wil- 
liam Peyton  be  and  he  is  hereby  suspended  from  his  power  of  acting  as 
a  Justice  for  the  space  of  six  months  and  that  he  pay  and  satisfy  all 
cost  and  Charges  of  Evidences  and  otherwise  accrewing  on  this  Com- 
plaint before  he  be  restored  and  that  the  chairman  of  the  said  Court  be 
certified  thereof 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 

Mathew  Rowan's  for  350  acres  in  Bladen,  Mathew  Rowan  350  Bla- 
den, Sam'  Davis  &  Jas  Carter  800  Anson,  William  Alexander  500  An- 
son, Richard  Denson  300  Anson,  Sam'  Davis  &  James  Carter  600  An- 
son    Granted 

Read  sundry  petitions  for  Grants  for  patents  as  follow  Viz' 

Charles  Gavins  for  1000  acres  in  Duplin,  Thomas  Smith  120  Craven, 
W"  Dry  300  Anson,  W""  Dry  400  Anson,  W"  Dry  300  Anson,  W" 
Dry  300  Anson,  Jacob  Miller  250  Anson,     Granted 

Read  the  Petition  of  Thomas  Norwood  for  a  Grant  for  Forty  five 
Acres  of  Land  in  Craven  County  which   being  opposed  by  Mr.  Lovett, 


COLONIAL  RECORDS.  1253 


in  behalf  of  the  Heirs  of  William  Lister  Deceased  is  ordered  to  lye  over 
till  to  morrow. 

At  a  Council  Held  at  the  Council  Chamber  in  New  Bern  the  7""  day 

of  October  1751 

Present  his  Excell^  the  Goveruour 
f  Math  Rowan     Ja  Innes  )  F    "  M      1    r 

The  Hon"»<^  Ja  Murray         -Jno  Rutherford  y'^%   iviemoers 


I  T    TT      n"  ^      {^     \  •  1      of  Connci 

(_  Ja  Hasell  h  ra  Corbin 

Read  the  Petition  of  Jacob  Francks  for  a  Grant  for  two  hundred  acres 
of  Land  lying  in  Craven  County  in  consequence  a  Warrant  surveyed 
and  returned,  Mr.  Swann  appeared  in  behalf  of  George  Counce  and 
opposed  the  granting  of  the  said  Petition,  setting  forth  the  said  Land 
was  included  in  a  Deed  passed  by  Martin  Franck  the  Petitioners  Father, 
in  his  life  time  to  the  .said  George  Counce  to  whom  therefore  and  in  he 
having  duly  paid  his  Majesty's  rents  for  these  Twenty  years  past,  he 
moved  the  preference  of  a  Warrant  for  the  same  might  be  granted. 
Then  Mr.  Haritage  Council  for  the  Petitioner  Francks  appeared  and 
acquainted  the  Board,  that  previous  to  the  Execution  of  the  said  Deed 
from  Martin  Franck  to  George  Counce  as  afores''  twas  agreed  between  the 
parties  that  Franck  should  patent  the  Land  now  in  controversy,  praying 
the  Ren_ts,  on  a  full  hearing  of  the  Arguments  on  both  sides  tis  consid- 
ered and  Ordered,  that  Franck  survey  be  set  aside  and  that  a  Warrant 
issue  to  the  said  George  Counce  for  the  premises  on  Application  for  the 
same. 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  8""  Day 
of  October  1751 

Present  His  Ex"^  the  Goveruour 

^ru    u        f  ^^I'^S  ^"''''"     '{""t^"^''""^"'''M  Esq"  Members 
The  Hon.  ^.Ja  Murray         Ja  Innes  V     ^>  Council 

(Ja  Hasell  J n°  .Swann  J 

Read  the  following  Petitions  for  Warrants  for  Land  Viz' 
Henry  Skibbons  for  one  hundred  acres  of  Land  in  Onslow,  Jn°  Tur- 
ner 100  in  Craven,  George  Higginbottom  300  Anson,  Abraham  Stover 
300  Anson,  Jno  Price  600  Anson,  George  Counce  200  Craven,  James 
Calef  640  Beauf  Jno  Roberts  200  Cart,  Ja=  M^Whertmer  400  Anson. 
Granted 

Read  sundry  Petitions  for  Grants  for  Patents  as  follows  Viz' 
Phillip  Millars  for  200  acres  in  Bladen,  Jno  Beeton  150  Craven,  Jn° 
Prescot  60  Craven,  Jno  Dunn  150  Craven,  Michael  Higgins  200  Craven, 
Benjamin  Turner  200  Onslow     Granted 


1254  COLONIAL  RECORDS. 


Edward  Givin  for  400  acres  Anson,  Tlionias  Harrold  250  Craven, 
Rob'  Lepper  300  Anson,  Thomas  Norwood  45  Craven.     Granted 

His  Ex°^  was  pleased  by  and  with  the  Advice  and  Consent  of  his 
Majesty's  Council  to  Order  that  a  New  Commission  of  the  Peace  issue  to 
New  Hanover  County  Constituting  and  appointing  the  former  Persons 
Justices  and  adding  thereto  Ijcwis  De  Rossctt  and  John  Ashe  Esq" 

At  a  Council  held  at  the  Council  Chambers  in  New  Bern  the  10'"  day 

of  Octo'  1751 

Present  his  Ex°^  the  Governour 
Math  Rowan  Jno  Rutherford 


rr,,     TT  Ja  Murray  Fra  Corbin  Esq"  Members  of 

The  Hon.  ■    t    tr      ii'  t       c  r  rt         -i 

Ja  Hasell  Jno  hwann  Council 


Ja  Innes 
Read  the  Petition  of  Henry  Hill  in  the  following  words  Viz' 

To  His  Excellency  Gabriel  Johnston   Esq'  Governor  the  Honourable 
Council 

The  humble  Petition  of  Henry  Hill- 
That  your  petitioner  having  purchased  for  a  valuable  consideration 
six  hundred  and  forty  acres  of  Land"  lying  in  Chowan  County  of  the 
Chowan  Indians  at  their  special  instance  and  request  which  has  appeared 
to  his  Excellency  when  they  appeared  before  him  in  May  1748  But  by 
the  Law  of  this  Province  passed  in  the  year  1715  it  is  amongst  other 
things  Enacted  that  the  sale  of  Lands  purchased  from  the  Indians,  shall 
pass  by  assent  of  Governor  and  Council.  Your  Petitioner  therefore 
humbly  prays  that  he  is  a  fair  Purchaser  for  a  valuable  consideration 
your  Excellency  and  will  be  pleased  to  give  your  assent  to  his  Purchase 
for  said  Land  and  pray  &c  HENRY  HILL 

Dated  Octo  10  1751 

Which  being  considered  his  Excellency  the  Governour  with  the  advice 
and  Consent  of  the  Council  was  pleased  to  approve  of  the  said  purchase 
and  admit  the  Deed  to  Record  and  the  same  is  hereby  Ordered  to  be 
Recorded 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  11"'  day  of 
October  1751 

Present  his  Ex"''  the  Governour 
(  Math  Rowan  Jno  Rutherford^ 

Ti     H         '  '^'^  Murray  Fra  Corbin  [  Esq"  Members  of 

I  Ja  Hasell  Jno  Swann  (  Council 

[^  Ja  Innes 


COLONIAL  RECORDS.  1255 


His  Excellency  the  Goveriiour  was  pleased  by  and  with  the  advice 
and  consent  of  the  Conncil  to  constitute  and  appoint  James  Murray  and 
Francis  Corbin  Esq"  and  Col°  John  Dawson  Associate  Justices  for  and 
within  this  Province  and  tis  Ordered-that  a  commission  do  issue  accord- 
ingly for  that  purpose. 

Whereas  several  of  the  persons  by  Law  appointed  Commissioner  of 
Fort  Johnston  at  Cape  Fear  being  Dead  his  Excellency  thought  fit  by 
and  with  the  advice  and  Consent  of  his  Majestys  Council  to  appoint 
James  Murray  James  Innes  John  Rutherford  Esq"  and  Col°  William 
Dry  Commissioners  in  the  room  of  those  Deceased 

Ordered  that  Writs  of  Election  issue  to  New  Hanover  and  Granville 
Counties  returnable  the  second  Tuesday  in  February  next 

Then  the  Council  adjourned  till  3  OClock  P.  M. 

The  Council  met  according  to  adjournment  Present  as  before 
John  Rutherford  Esq"'  his  Majestys  Receiver  General  of  this  Prov- 
ince exhibited  his  accompts  of  the  Receipts  of  his  Majestys  Quit  rents 
within  the  same  from  the  14"'  of  May  to  5""  of  October  1751  inclusive, 
and  swore  thereto  before  his  Ex"^  the  Governour  in  Council  which  is 
Ordered  to  be  certified 

Read  sundrj'  Petitions  for  Warrants  for  Land  as  follows  Viz' 
William  Waggoner's  for  200  Acres  in  Beaufort,  Alexander  McCul- 
lock  200  Duplin,  Jno  Dudley  300  Onslow,  Anne  Walker  640  N  Hano- 
ver, Thomas  Cuthrill  150  Craven     Granted 

Read  the  following  Petitions  for  patents  for  Land  Viz' 
Samuel  Goodman  for  200  Acres  Bladen,  Samuel  Goodman  640  Bla- 
den, Samuel  Goodman  640  Bladen,  Samuel  Goodman  640  Bladen,  Paul 
Trapiere  640  Anson,     Granted 

Thomas  Pugh  300  Anson,  Beniram  Treadwell  400  N  Hanover,. Sam- 
uel Carver  500  Bladen,  W"  Williams  640  Onslow,  W"  Williams  200 
Onslow,  William  Rentledge  100  Craven,  Thomas  Willcocks  200  Ons- 
low,    Granted 

At  a  Council  held  at  the  Council  Chamber  in  New  Bern  the  12  Day 
October  1751 

Present  his  Ex">'  the  Governour 
TMath  Rown     Jn°  Rutherford^ 
-yi     TT     bie   )  Ja  Murray       Fra  Corbin         I  Esq"  INIembers 


Ja  Hasell         Jno  Swann  |      of  Council 

Ja  Innes 

Read  the  following  Petitions  for  Grants  for  patents  Viz' 
Jno  Porters  for  100  Bladen,  Peter  White  300  Bladen,  Henry  Simms 
200  Bladen,  Thomas  Johnston  100  Bladen,  William  Johnston   100  Bla- 
den,    Granted  By  order  JNO  RICE  C  C 


1256  COLONIAL  RECOKDS. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  No.  26.] 

LEGISLATIVE  JOURNALS. 

At  a  General  Assembly  begun  and  held  at  Newbern  the  Twelth  day 
of  June  in  the  Nineteenth  year  of  our  Sovereign  Lord  George  the  Second 
by  the  Grace  of  God,  of  Great  Britain,  France  and  Ireland  King 
Defender  of  the  faith  &c:  and  in  the  year  of  our  Lord  one  Thousand 
seven  hundred  and  forty  six:  and  from  thence  continued  by  several 
Prorogations  until  the  Twenty  fourth  day  of  September  in  the  year  of 
our  Lord  One  thousand  seven  hundred  and  fifty  one,  and  from  thence 
continued  until  the  Twenty  sixth  instant. 
Present 
Mathew  Rowan.    John  Rutherford. 


rp,      TT  11)  James  Murray.       Francis  Corbin.     i  t:.    „  ht      ■ 

i he  Honourable      j  tt      n"         t  i      u  •  Esq"  Members 

I  James  Hasell.         John  Swann.  j       ^ 

l^  James  Innes.  J 

Adjourned  'till  to-morrow  morning  nine  o'clock. 

Fryday  September  27""  1751.     Tlie  House  met  according  to  adjourn- 
ment. 

Present  his  Excellency  the  Governor. 
fMathew  Rowan.  John  Rutherford.^ 

rp,      Tj  II       James  Murray.    Francis  Corbin.        17,    „  at      1 

ihe  Honourable-/  ^  u      n        t  1      o  >  Esq" Members 

I  James  Hasell.      John  Swann.  j        ^ 

1^  James  Innes.  J 

Mr.  Sampson  and   Mr.  Clark  came  up  from  the  Lower  House  and 

acquainted  this  Board  that  there  were  several  Members  of  their  House 

to  be  qualified. 

Whereupon  His  Excellency  ordered  the   Honourable  James   Murray 

and  John  Swann  Esq"  to  qualify  them  and  immediately  return  to  their 

House. 

Then  his  Excellency  sent  a  mandate  to  the  Lower  House  commanding 

their   immediate  attendance  Whereupon    the  Speaker  attended  by   the 

Lower  House,  came  up  to  this  House,  when  His  Excellency  made  the 

following  Speech. 

Gentlemen  of  hls  Majesties  Honourable  Council,  Mr.  Speaker 
AND  Gentlemen  of  the  House  of  Burgesses. 
I  should  have  met  you  some  months  sooner  if  I  had  not  been  in  daily 
expectation  of  learning  the  fate  of  those  two  Laws,  which  are  of  so  great 
importance  to  the  settlement  of  this  Province ;  That  for  an  equal  repre- 
sentative, and  that  for  fixing  the  seat  of  Government  and  Courts  of  Law. 


COLONIAL  RECORDS.  1257 


But  as  nothing  final  has  been  determined  about  them  and  his  Majes- 
ties Attorney  and  Solicitor  General  have  made  one  Objection,  and  but 
one,  that  is  the  want  of  a  suspending  clause,  until  the  Kings  pleasure 
was  known,  upon  which  account,  they  report  they  cannot  advise  the  con- 
firmation of  them,  I  could  no  longer  forbear  the  assembling  you,  for  the 
dispatch  of  public  business. 

It  must  be  a  great  satisfaction  to  you  Gentlemen  when  you  reflect  that 
neither  those  learned  Sages  of  the  Law  nor  any  other  of  the  Ministry 
have  made  the  least  objection  to  the  substance  of  these  laws,  on  the  con- 
trary by  repeated  accounts  from  home,  I  am  assured,  they  are  fully  satis- 
fied of  the  absolute  necessity  of  putting  it  out  of  the  power  of  the  Mem- 
bers of  Six  Counties  to  defeat  all  the  good  and  wholesome  intentions  of 
a  whole  legislature,  which  they  most  notoriously  did  for  twelve  years 
together,  and  to  fix  a  central  place  for  public  meeting,  where  proper 
Offices  may  be  erected,  and  in  consequence  to  this  by  the  latest  accounts, 
I  am  informed  that  the  Lords  of  Trade  have  had  under  their  Review  for 
some  time  past  the  whole  state  and  constitution  of  this  Colony,  in  order 
to  make  a  report  to  his  Majesty,  who  will,  no  doubt,  out  of  his  fatherly 
tenderness  to  all,  even  the  most  distant  of  his  subjects,  give  proper 
directions  for  supplying  every  defect  and  rectifying  whatever  is  amiss. 

In  the  mean  time  Gentlemen,  you  have  a  fresh  oj)portunity  of  doing 
Services  to  your  Country,  by  adding  to  the  number  of  excellent  Laws 
you  have  already  passed, 'such  new  ones  as  may  be  still  wanting:  you 
have  been  already  the  instruments  of  doing  more  real  services  to  your 
Country,  than  all  your  predecessors  put  together,  and  I  dont  at  all 
doubt,  but  you  will  continue  to  proceed  with  the  same  prudence,  unanim- 
ity, and  publick  spirit  you  have  hitherto  done. 

GAB:  JOHNSTON. 

Newbern.  September  27""  1751. 

Then  the  House  adjourned  till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present 

(Mathew  Rowan.     John  Rutherford^ 
James  Murray.       Francis  Corbin         tt.    r.  ivr      u 
T  tr      n'         I  u     c  V  Lsq"  Members 

James  Hasell  John  owann  (       ^ 

James  Innes.  J 

Then  the  House  was  pleased  to  order  the  Governor's  Speech  to  be  read, 
which  accordingly  was,  and  the  Honourable  James  Murray,  James 
Hasell  and  John  Swann  Esq"  were  appointed  to  prepare  an  Address  to 
his  Excellency 


1258  COLONIAL  RECORDS. 


Mr.  Housten  and  Mr.  De  Rosset  Brought  up  the  followi-iig  Message 
(viz.) 

Gentlemen  of  his  Majesties  Honourable  Council. 

We  have  appointed  a  Committee  of  the  following  Gentlemen,  to  ex- 
amine State,  and  settle  the  publick  accounts  of  this  Province  &c : 

Mr.  Thomas  Kerney,  Mr.  Lewis  De  Rosset,  and  Mr.  Eaton. 

And  also  a  Committee  of  the  following  persons  to  settle,  and  allow 
the  publick  claim. 

Mr.  Starker,  Mr.  Thomas  Lovick,  Mr.  Francis  Brice,  Mr.  John 
Dawson  and  Mr.  William  Houston  in  conjunction  with  such  of  your 
Members  of  your  House,  as  your  Honours  shall  think  fit 

By  Order.  SAM'  SWANN. 

Then  the  House  took  under  their  consideration  the  Message  of  this 
day  and  ordered  the  following  message  to  be  sent  (viz.) 

Mr.  Speaker  and  Gentlemen  of  the  House  of  Burgesses. 

This  House  taking  under  their  considei'ation,  the  Message  of  this  day, 
regarding  the  appointment  of  the  Committees  of  accounts  and  claims, 
thought  iit  to  appoint  the  following  Gentlemen,  in  conjunction  with  those 
of  your  House,  to  wit,  the  Honourable  James  Murray  and  Francis 
Corbin  Esq"  for  accounts  and  the  Honourable  James  Hasell  and  John 
Swann  Esq"  on  the  claims. 

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

Saturday.  Septembei-  28""     The  House  met  according  to  adjournment. 
Present. 
(  Mathew  Rowan.     John  Rutherford.  ^ 

rri     TT     bie       James  Murray.       Francis  Corbin.       I  -,-,    „  ^r      i 
The  Hon"*  ■[    -,  tt      n  t  i      o  >  Esq"  Members. 

James  Hasell.         John  Swann.  ^ 

L  James  Innes  J 

And  adjourned  till  Monday  Morning.  9  o'clock. 

Monday.  September  SO""     The  House  met  according  to  adjournment. 
Present 
Mathew  Rowan.     John  Rutherford.  ^ 
James  Murray.       Francis  Corbin.       [  ^       Members 
I    James  Hasell.         John  Swann.  ( 

[  James  Innes.  J 

The  Gentlemen  appointed  by  this  board  to  draw  up  an  address  to  his 
Excellencys  Speech,  reported  the  same;  which  was  ordered  to  be  read, 
and  being  approved  of,  was  ordered  to  be  engrossed. 


r 


COLONIAL  EECORDS.  1259 


His  Excellency  came  to  the  board,  and  the  Honourable  Mathcw  Rowan 
Esq"  the  eldest  Councellor,  presented  to  his  Excellency  the  said  address, 
which  was  in  the  following  words  (viz.) 

To  his  Excellency  Gabriel  Johnston  Esq"^'  Captain  General,  Governor, 

and  Commander  in  Chief,  in  and  over  his  Majesties  Province  of  North 

Carolina. 

The  humble  address  of  his  Majesties  Council  of  the  said  Province  met 
in  General  Assembly. 
May  it  please  youe  Excellency. 

We  his  Majesties  most  dutiful,  and  loyal  subjects,  the  Members  of 
his  Majesties  Council,  for  this  Province,  met  in  General  Assembly,  beg 
leave  to  return  your  Excellency  our  unfeigned  thanks,  for  your  Excel- 
lency's Speech,  to  both  Houses  at  the  opening  of  this  Session. 

Your  Excellency's  expectation  of  knowing  his  Majesties  pleasure,  con- 
cerning the  two  important  Laws,  for  the  settlement  of  this  Province, 
that  for  an  equal  representative,  and  that  fixing  the  seat  of  Government, 
and  Courts  of  Law,  which  enduced  your  Excellency  to  prorogue  the 
Assembly  to  this  Time  proceeding,  no  doubt,  from  the  impartial  regard, 
your  Excellency  hath  ever  shewn  for  the  happiness  and  prosperity  of  all 
his  Majesties  subjects,  under  your  Government,  and,  it  must  be  from  this 
Regard,  your  Excellency  wishes,  as  every  honest  and  unprejudiced  man 
among  us,  must  wish,  for  the  speedy  confirmation  of  those  Laws,  which 
in  all  human  probability  will  soon  place  the  Country,  in  a  flourishing 
condition.  We  shall  on  our  parts  most  cheerfully  concur  with  the  other 
House  in  passing  such  Laws  as  may  be  necessary,  at  this  Juncture,  for 
the  happiness  of  the  people,  consistent  with  the  duty  we  owe  his  Royal 
Majesty,  notwithstanding  all  endeavours,  to  defeat  your  Excellencie's  and 
our  intentions  for  the  General  Good. 

By  Order  MATHEW  ROWAN. 

Then  the  House  adjourned  'till  Three  o'Clock  in  the  afternoon. 

The  House  met  according  to  adjournnieiit. 

Present. 

fMathew  Rowan.     John  Rutherford  ^ 

Til     Tj     He      James  Murray.       Francis  Corbin         t:^    rs  at      i 
ihe  Hon"'"  -'.   -,  u      ii  t  i      c  Esq"  Members. 

James  Hasell.         John  Swann.  j        ' 

[^  James  Innes.  J 

Mr.  Sampson  and  Mr.  De  Rossett  Brought  up  the  following  Bills  (viz) 
A  Bill,  for  an  Act,  for  appointing  Inspectors  in  New  Hanover  County, 
and  for  regulating  the  Exports  of  Cape  Fear. 


1260  COLONIAL  RECORDS. 


A  Bill,  to  alter  the  Times,  for  holding  the  Courts  for  the  County  of 
Craven. 

In  the  General  Assembly  read  the  first  time  and  passed 

Also  a  Bill,  to  appoint  a  convenient   place  for  holding  the  County 
Courts  of  Duplin  and  to  impower  the  Commissioners  hereafter  mentioned 
to  build  a  Court  House,  prison  and  stocks  in  the  said  County. 
'    Also  an  other  Bill,  to  revive  an  Act,  intituled  to  appoint  an  Agent  to 
sollicit  the  affairs  of  this  Province,  at  the  several  Boards  in  England. 

In  the  General  Assembly  read  the  said  Bills,  the  first  time  and  passed. 
In  this  House  read  and  passed. 

Then  the  House  adjourned  'till  Tomorrow  morning  9  o'Clock. 

Tuesday.   October  1"  1751.     The  House  met  according  to  adjourn- 
ment. 

Present 
Mathew  Rowan.     John  Rutherford" 


James  Murray.        Francis  Corbin      i    tt.    ,«  at      i 
I  TT      11  T  1      Q  Esq    Members. 

James  Hasell  John  owaun  ' 


James  Innes 

Mr.  Stringer  and  Mr.  Herring  Brought  up  a  Bill,  for  an  Act  for 
impowering  the  Justices  of  Johnston  County,  to  make,  mend  and  repair 
all  roads,  bridges,  cutts,  and  water  courses  already  laid  out,  or  hereafter 
to  be  laid  out  in  the  said  County.  In  the  General  Assembly  read  the 
first  time  and  passed.     In  this  House  read  and  passed. 

Mr.  Houston  and  Mr.  De  Rosset  Brought  up  the  following  Bills  (viz) 

A  Bill  to  explain  part  of  a  Clause,  in  an  Act  intituled,  an  Act  for 
establishing  the  Church,  for  appointing  Parishes,  and  the  method  of 
electing  Vestries  and  for  directing  the  method  for  settling  of  Parish 
accounts  throughout  this  Government. 

A  Bill,  for  building  a  Church  at  Willraington  in  S'  James  Parish,  in 
New  Hanover  County. 

A  Bill,  for  granting  to  his  Majesty  a  Duty  on  the  Importation  of  rum 
and  wine  into  Anson  County  from  South  Carolina. 

A  Bill  for  an  additional  Act,  intituled  an  Act  how  Feme  Coverts  shall 
pass  land. 

A  Bill  for  an  additional  Act,  to  the  several  Acts,  to  appoint  a  publick 
Treasurer. 

In  the  General  Assembly  read  the  first  time,  and  past.  In  this  House 
read  and  past. 

The  Bill  for  an  additional  Act,  intituled  an  Act,  how  Feme  Coverts 
shall  pass  lands.     In  this  House  read  the  first  time  and  past. 

Mr.  Clark  and  Mr.  Sampson  Brought  up  the  following  Bills  (viz.) 


COLONIAL  RECORDS.  1261 


The  Bill,  for  appointing  a  convenient  place  for  holding  the  County 
Courts,  at  Duplin.  In  the  General  Assembly  read  the  second  time,  and 
past. 

The  Bill,  impowering  the  Justices  of  Johnston  County  to  make  and 
mend  roads  &c:  In  the  General  Assembly  read  the  second  time,  and 
past. 

The  Bill,  to  revive  an  Act,  intituled  an  Act  to  appoint  an  Agent  &c: 
In  the  General  Assembly  read  the  second  time,  and  past,  with  Amend- 
ments. 

Then  the  House  adjourned  'till  to-morrow  nine  o'Clock. 

Wednesday.  October  2'"'     The  House  met  according  to  adjournment. 

Present. 

f  Mathew  Rowan      John  Rutherford.^ 

Ti     u     bie   I  James  Murray.        Francis  Corbin       I    t:>    ,«  at      i 
J  he  Hon™       j  tt      if  i  i      q  r  li^sn'^"  Member.*. 

James  Hasell  John  owann.  '         ' 


1^  James  Innes. 

Mr.  Sampson  and  Mr.  Clark  brought  up  the  Bill  to  alter  the  Times 
for  holding  the  Courts,  for  the  County  of  Craven  &c:  In  the  General 
As.sembly,  read  the  second  time,  and  past  with  amendments.  In  this 
House  read  the  second  time  and  past. 

Then  the  House  adjourned  till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
fMathew  Rowan.  John  Rutherford.  ") 

rp,     TT  11       James  Murray.     Francis  Corbin.       !  tt    r»  ht      i 

i he  Honourable-    -,  tt      n'        t  i      q  >  Esq"  Members 

James  Hasell.        John  Swann.  i 

[^  James  Innes.  J 

The  additional  Act  to  an  Act  to  appoint  an  Agent  &c :     In  this  Hou.se 

read  the  second  time  and  passed  with  amendments. 

The  Bill,  to  alter  and  explain  an   Act,  intituled  an  Act  for  relief  of 

insolvent  Debtors.     In  the  House  read  and  rejected 

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

Thursday.  October  3''     The  Hou.se  met  according  to  adjournment. 

Present. 

r  Mathew  Rowan     John  Rutherford  ") 

^n     XT     bi8        James  Murray       Francis  Corbin  17.    „  ht      u 

J  he  Hon""   <    ^  tr      11  t  t      o  ^  Esq"  Members. 

James  Hasell         John  bwann  '■ 

[^  James  Innes  J 

Mr.  De  Ro.sset  and  Mr.  Hou.ston  brought  up  the  following  Bill.  To 
wit. 


1262  COLONIAL  EECORDS. 


A  Bill  to  invest  the  property  of  a  Bridge  iu  John  Peacock  and  his 
Heirs  by  him  already  built  over  Contentnee  Creek  in  Johnston  County 
for  the  Term  of  Twenty  five  years.  In  the  General  Assembly  read  and 
past. 

Tlie  Bill  to  amend  an  Act  Entituled  an  Act  for  establishing  the 
Church,  for  appointing  Parishes  and  directing  the  method  of  electing 
Vestries  &c:  In  this  House  read  the  second  time  and  past  with  amend- 
ments. 

Mr.  De  Rosset  and  Mr.  Houston  brought  up  a  Bill  to  appoint  Inspect- 
ors in  New  Hanover  County.  In  the  General  Assembly  read  the  second 
time  and  passed  with  amendments. 

Mr.  Sampson  and  Mr.  Stringer  brougiit  up  the  following  Bill  (viz.) 

The  Bill  to  alter  the  Time  of  holding  the  County  Courts  of  Craven 
&c:     In  the  General  Assembly  read  tlie  third  time  and  passed. 

The  Bill,  for  building  a  Church  in  Willmington,  &c:  In  the  General 
Assembly  read  the  second  time  and  passed  with  amendments. 

The  Bill  for  an  additional  Act  to  the  several  Acts  to  appoint  publick 
Treasurers.     In  the  General  Assembly  read  the  second  time  and  passed. 

Also  a  Bill,  to  put  in  force  the  several  Acts  passed  in  the  years  1715 
&  1734.  concerning  roads  and  Ferries  in  Craven  County.  In  the  Gen- 
eral Assembly  read  the  first  time  and  passed. 

The  Bill  impowering  the  Justices  of  Johnston  County  to  make  and 
mend  roads.     In  this  House  read  and  passed  with  amendments. 

Then  tiie  House  adjourned  till  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 
f  Matiiew  Rowan     John  Rutherford  ^ 

Ti     XT     We       James  Murray       Francis  Corbin  j;.    „  ^^      , 

1  he  Hon""   '    t  tt      n  t  i      o  V  Esq '"  Members. 

James  Hasell         John  Swann  '■ 

[^  James  Innes  J 

The  Bill  appointing  Inspectors  in  New  Hanover  County  &c:  In  the 
Upper  House  read  the  second  time  and  passed  with  amendments. 

The  Bill,  for  granting  a  duty  to  his  Majesty,  on  wine  and  spirituous 
liquors,  imported  into  Anson  County  &c:  In  the  Upper  House  read  the 
second  time  and  passed  with  amendments. 

Mr.  M°lewain  and  Mr.  Bartram  brought  up  the  following  Bills  (viz) 
A  Bill  for  destroying  wild   Cattle,  and   Hogs,  and  for  taking  up  all 
wild  unmarked  and  unbrandcd  horses. 

A  bill  for  an  additional  Act,  to  an  Act,  intituled  an  Act  for  impower- 
ing the  several  Commissioners  hereinafter  mentioned  to  make,  and  mend 
and  repair  all   roads,  Bridges,  Cutts  and  watercourses  laid  out,  or  here- 


COLONIAL  RECORDS.  1263 


after  to  be  laid  out  in  the  several   Counties  and   Districts  iierein  after 
appointed  in  such  manner  as  they  judge  most  useful  to  the  Publiek. 

In  the  General  Assembly  read  the  said  Bills  the  first  time  and  past. 

Then  the  House  adjourned  'till  to-morrow  morning  Eight  o'clock, 

Fryday.  October  4""     The  House  met  according  to  adjournment. 
Present 
(  Mathew  Rowan.  John  Rutherford.  ^ 

T^i      tr     He      James  Murray.     Francis  Corbin.         t:>    „  n/r      l 
The  Hon""  <   ^  tt      11         t  1      a  r  Esq"  Members. 

.James  Haseli.       John  owann.  [       ^ 

1^  James  Innes  J 

The  Bill  for  an  additional  Act  to  the  several  Acts  to  appoint  publiek 
Treasurers. 

The  Bill  for  building  a  Church  at  Willmiugtou  in  S'  James  Parish  in 
New  Hanover  County 

In  the  Upper  House  read  the  second  time  and  passed  with  Amend- 
ments. 

The  Bill  for  an  additional  Act,  to  an  Act,  intituled  an  Act  how  Feme 
Coverts  shall  pass  lands  &c :  In  the  Upper  House  read  the  second  time 
and  passed  with  Amendments. 

The  Bill  to  appoint  a  convenient  place  for  holding  the  Comity  Court 
of  Duplin.  In  the  Upper  House  read  the  second  time  and  passed  with 
Amendments. 

The  Bill  to  alter  the  times  for  holding  the  Courts  for  the  County  of 
Craven.  In  the  Upper  House  read  the  third  time  and  passed.  Ordered 
that  the  same  be  sent  down,  and  engrossed. 

Mr.  De  Rosset  and  Mr.  Houston  Brought  up  the  two  following  Bills 
(viz) 

A  Bill  for  a  Church  at  Brunswick.  In  the  General  Assembly  read 
the  first  Time  and  passed 

The  Bill,  for  impowering  the  Justices  of  Johnston  County  to  divide 
the  same  into  districts  and  appoint  Commissioners  &c:  In  the  General 
Assembly  read  the  third  time  and  passed.  Ordered  the  same  be  sent 
down  and  engrossed. 

The  Bill  to  put  in  force  the  several  Acts  passed  in  the  years  1715.  & 
1734.  concerning  roads  and  Ferries  &c:     In  this  House  read  and  rejected. 

Mr.  Sampson  and  Mr.  Bartram  Brought  up  a  Bill  for  regulating  the 
Pilotage  at  Cape  Fear  River,  and  to  impower  the  Captain  of  Fort  John- 
ston, at  the  mouth  of  said  River,  to  examine  all  vessels  entring  the  said 
Ri%'er  concerning  the  health  of  their  Crew  on  board  the  said  vessels.  In 
the  General  Assembly  read  the  first  Time,  and  passed. 


1264  COLONIAL  RECORDS. 


The  Bill  to  impowei*  the  Court  of  Bladen  County,  to  lay  out  certain 
Districts,  in  the  places  herein  mentioned  and  to  appoint  Commissioners 
for  the  roads  of  the  same.  In  the  Upper  House  read  the  first  time,  and 
passed  with  Amendments. 

The  Bill  to  revive  an  Act,  intituled  an  Act,  to  appoint  an  Agent  &c : 
In  the  General  Assembly  read  the  Third  time,  and  passed  with  Amend- 
ments. In  the  Upper  House  read  the  Third  Time,  and  passed.  Ordered 
the  same  be  sent  down  and  engrossed. 

Then  the  House  adjourned  'till  Three  o'Clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present, 
f  Mathew  Rowan.  John  Rutherford.  ^ 

T^i     XT     He  )  James  Murray.     Francis  Corbin.  ^v.    „  ^n      i 

The  Hon""-    ^  lj      ii        t  u     q  V  Esq"  Members. 

James  Hasell.       John  fewann.  ^ 

1^  James  Innes  j 

The  Bill  for  regulating  the  Pilotage  of  Cape  Fear  River  &c :  In  the 
Upper  House  read  the  first  time  and  passed. 

A  Bill,  for  building  and  keeping  in  repair  a  Bridge  on  Contentnee 
Creek  &c:  In  the  Upper  House  read  the  said  Bill  the  first  time  and 
passed. 

Then  the  House  adjourned  'till  to-morrow  morning  9  o'Clock. 

Saturday.  October  5*     The  House  met  according  to  adjournment. 
Present, 
f  Mathew  Rowan.  John  Rutherford.  ^ 

^ri     TT     Mb     James  Murray.     Francis  Corbin  ,,    „  u,      . 

ihe  Hon"''-;   t  u      n         t  i      t-  Esq"  Members. 

James  Hasell        John  Swann.  ' 

(^  James  Innes  J 

Mr.  Macklewain  and  Mr.  Bartram  Brougiit  up  the  Bill  to  amend  an 
Act  intituled  an  Act,  for  establishing  the  Church  for  appointing  Par- 
ishes and  the  method  of  electing  Vestries,  and  directing  the  settlement 
of  Parish  accounts  throughout  this  Government.  In  the  General  Assem- 
bly read  the  second  time  and  passed  with  Amendments. 

The  Bill,  for  amending  and  supplying  the  defects,  in  an  Act,  intituled 
an  Act  to  appoint  Commissioners  in  the  place  and  stead  of  those  de- 
ceased, to  compleat  and  finish  the  Church  at  Newbern  and  for  adding  the 
present  Churchwardens,  and  vestrymen  to  the  said  Commissioners,  and 
for  impowering  the  said  Commissioners,  Churchwardens  and  Vestrymen, 
to  call  the  former  Commissioners  to  account,  for  all  the  monies  by  them 
received  for  the  use  of  the  Said  Church,  and  to  appropriate  it,  to  the 
purpose  aforesaid,  and  in  case  of  insufficiency  to  lay  a  levy  to  accomplish 
the  same.  In  the  Upper  House  read  the  first  Time  and  passed  with 
Amendments. 


COLONIAL  RECORDS.  1265 


The  Bill,  to  amend  Act,  intituled  an  Act  for  establishing  the  Church 
&c.     In  the  Upper  House  read  the  second  time  and  passed. 
Then  the  House  adjourned  till  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present, 
r  Mat  hew  Rowan.  John  Rutherford.^ 

rrii     TT  11       James  Murray.     Francis  Corbin.        tt.    „  n^      i 

i  he  Honourable      r  .j      „•        ,  i      c.  ;•  Lsn"  Members. 

James  Hasell        John  owann.  ■ 

(^  James  Innes.  J 

The  Bill  for  building  a  Church  at  Brunswick.  In  the  Upper  House 
read  the  first  time  and  passed  with  Amendments. 

Then  the  House  adjourned  'till  Monday  morning  9  o'clock. 

Monday  October  7"'     The  House  met  according  to  adjournment. 
Present, 
f  Mathew  Rowan.  John  Rutherford.^ 

rpi     TT  11       James  Murray.     Francis  Corbin.         tt.    rsHT      i 

1  he  Honourable      j  tt      n  r  i      q  V  Lsn"  Members. 

James  Hasell.       John  owann.  ' 

l^  James  Innes.  J 

Mr.  Houston  and  Mr.  Brice  Brought  up  the  Bill  appointing  Inspect- 
ors in  New-Hanover  County.  In  the  General  Assembly  read  the  third 
time  and  passed  with  Amendments.  In  the  House  read  and  passed. 
Ordered  that  the  same  be  sent  down  and  engrossed. 

Mr.  Houston  and  Mr.  Brice  Brought  up  the  Bill  for  appointing  a 
convenient  place  for  holding  the  County  Courts  of  Duplin  County.  In 
the  General  Assembly  read  the  third  time  and  passed  with  Amendments. 

Also  the  Bill,  for  granting  to  his  Majesty  a  Duty  on  the  importation 
of  rum  and  wine  into  Anson  County  &c:  And  the  Bill  for  building  a 
Church  at  Willmington  &c:  In  the  General  Assembly  read  said  Bills 
the  Third  Time  and  passed  with  amendments. 

Mr.  Houston  and  Mr.  Brice  Brought  up  a  Bill  for  an  Additional  Act 
to  the  several  Acts,  to  appoint  publick  Treasurers  &c:  In  the  General 
Assembly  read  the  Third  time  and  passed. 

The  Bill  for  building  a  Church  at  Willmington  &c:  In  this  House 
read  the  third  time  and  passed.  Ordered  the  same  to  be  sent  down  and 
engrossed. 

The  House  upon  reading  the  Bill  to  appoint  a  convenient  place  for 
holding  the  Court  of  Duplin  &c:  were  pleased  to  send  the  following 
message  (viz) 

Mr.  Speaker  and  Gentlemen 

Upon  reading  the  Bill  to  appoint  a  convenient  place  for  holding  the 
County  Court  of  Duplin,  in  this  House  a  third  time  we  find  you  deled 


1266  COLONIAL  RECORDS. 


our  amendments  with  regard  to  an  alteration  made  by  us  for  fixing  the 
bounds  of  the  said  County.  We  are  sorry  you  should  differ  from  us 
when  so  many  reasons  appear  on  the  face  of  the  said  amendment,  par- 
ticularly that  of  the  inconveniency  attending  the  County  Courts  at  Will- 
mington  &  Muster.  We  must  therefore  if  you  approve  thereof  desire 
your  concurranee  of  our  Said  amendment  which  we  shall  pass  the  Bill  a 
third  time. 

Then  the  House  adjourned  'till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 

Present. 

TMathew  Rowan.     John  Rutherford.  ^ 

rr\     TT     bie      Jauics  Murray.       Francis  Corbin.  tj.    r.  at      i 

Ihe  Hon''^  <  j  tt      n  t  i      o  r  Lsn"  Members. 

James  Hasell.  John  Swann.  ■ 

(^  James  Innes.  J 

Mr.  Sampson  and  Mr.  Macklewain  Brought  up  a  Bill  to  confirm  the 
four  lots  in  Newbern  Town,  lately  conveyed  to  the  Commissioners  for  the 
Publick  buildings  for  the  use  of  the  publick  for  ever.  In  the  General 
Assembly  read  the  first  time  and  passsed.     In  this  House  read  and  past. 

Then  the  House  adjourned  'till  to  morrow  morning  9  o'clock. 

Tuesday  October  8""     The  House  met  according  to  adjournment. 
Present. 
Mathew  Rowan.     John  Rutherford. 


The  Hon-'v    -J^*^^^  ^''''\f-       f  f"t  *^'*''^'"-       >    Esq-  Members. 
James  HaselJ.  John  Swann.  [  ' 

1^  James  Innes.  J 

Mr.  Starkey  and  Mr.  Caruthers  Brought  up  the  Message  from  this 
House  of  yesterday  concurred  with,  and  accordingly  the  Members  saw 
the  said  amendment  made  at  this  Board,  upon  which  the  said  Bill  past 
the  third  time,  upon  the  said  Amendment,  and  the  said  Bill  was  ordered 
to  be  engrossed. 

The  Bill  for  granting  to  his  Majesty  a  duty  on  the  importation  of 
rum  and  wine  into  Anson  County  &c:  In  the  Upper  House  read  the 
third  time,  and  passed.    Ordered  the  same  to  be  sent  down  and  engrossed. 

Mr.  Starkey  and  Mr.  Carruthers  Brought  the  following  Bills  (viz.) 

The  Bill  to  confirm  the  four  Lots  in  Newbern  &c:  In  the  General 
Assembly  read  the  second  time  and  passed  with  amendments. 

The  Bill  to  amend  an  Act,  intituled  an  Act,  for  establishing  the  Church 
for  appointing  Parishes  and  electing  Vestries  &c:  In  the  General  As- 
sembly read  the  third  time  and  passed 


COLONIAL  RECORDS.  1267 


The  Bill  to  appoint  Commissioners  to  receive,  collect  and  apply  sub- 
scriptions towards  building  a  Church  in  the  Town  of  Brunswick  and 
other  purposes  therein  mentioned.  In  the  General  Assembly  read  the 
second  time,  and  passed  with  Amendments. 

The  Bill  to  amend  an  Act,  intituled  an  Act  to  establish  the  Church  &c: 
In  this  House  read  the  Third  time,  and  passed.  Ordered  the  same  to  be 
sent  down  and  engrossed. 

The  Bill  to  appoint  Commissioners  to  receive,  collect  and  apply  sub- 
scriptions toward  building  a  Church  in  Brunswick  &c:  In  the  Upper 
House  read  the  third  time  and  passed  with  Amendments.  Ordered  the 
same  to  be  sent  down  and  engrossed. 

Then  the  House  adjourned  till  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 

Present. 

fMathew  Rowan.     John  Rutlierford.  ^ 

Til     TT     bie     James  Murray.       Francis  Corbin.  tt.    „  at      u 

iheHon'"V   j  tt      n"  t  u     a  r  Lsq"  Members. 

'  James  Hasell.         John  owann.  '         ^ 


James  Innes. 

Mr.  De  Rosset  and  Mr.  Clark  Brought  up  the  following  Bills  (viz.) 

The  Bill  to  invest  the  property  of  a  Bridge  in  John  Peacock  and  his 
Heirs. 

The  Bill  to  impower  the  Court  of  Bladen  to  lay  out  certain  Dis- 
tricts &c:  • 

In  the  General  Assembly  read  the  second  time  and  passed. 

Also  the  Bill  to  amend  and  supply  the  defects  in  an  Act  intituled  an 
Act  to  appoint  Commissioners  &c:  In  the  General  Assembly  read  the 
second  time  and  passed. 

The  Bill  to  mend  and  supply  the  defects  in  an  Act  intituled  An  Act 
to  appoint  Commissioners  &c:  In  this  House  read  the  second  time  and 
passed  with  Amendments. 

The  Bill  to  appoint  tiie  Court  of  Bladen  to  lay  out  certain  Districts  in 
the  places  herein  mentioned  and  appoint  Commissioners  for  the  roads  «fec: 
In  the  Upper  House  read  the  second  time  and  passed. 

Then  the  House  adjourned  till  to  morrow  morning  9  o'clock 

Wednesday.  October  9""     The  House  met  according  to  adjournment. 
Present 
fMathew  Rowan.    John  Rutherford.^ 

rpi     TT  II        James  Murray.      Francis  Corbin.      \  t^    „,,      , 

The  Honourable  {  -^^^^^^  g^^^,,-        j^j^,^  g^,^^^^  Esq"  Members 

James  Innes.  J 


1268  COLONIAL  RECORDS. 


The  Bill  to  confirm  the  four  lots  in  Newbern  Town  lately  conveyed  to 
the  Commissioners  for  the  use  of  the  Publick  Buildings  &c:  In  the 
Upper  House  read  the  second  time  and  passed  with  amendments. 

The  Bill  for  regulating  the  Pilotage  of  Cape  Fear  &c:  In  the  Upper 
House  read  the  second  time  and  passed  with  amendments. 

Then  the  House  adjourned  'till  three  o'clock  in  the  afternoon. 

The  House  met  according, to  adjournment. 
Present. 
TMathew  Rowan.    John  Rutherford.^ 

rrii     TT  ui        James  Murray.      Francis  Corbin.        tt.    rs  at      i 

1  he  Honourable  ■;  y  tt      ii  tic  >  Lsq"  Members 

James  Hasell.        Jolin  fewann.  ^ 

1^  James  Innes.  J 

Mr.  Houston  and  Mr.  Brice  brought  up  the  following  Bills  (viz.) 
The  Bill  to  confirm  the  four  Lots  in  Newbern  &c: 
The  Bill  regulating  the  Pilotage  of  Cape  Fear  &c: 
In  the  General  Assembly  read  the  third  time  and  passed  with  amend- 
ments. 

The  Bill  for  building  a  Church  at  Brunswick  &c:  In  the  General 
Assembly  read  the  third  time  and  passed.  In  this  House  read  the  third 
time  and  passed.     Ordered  the  same  to  be  sent  down  and  engrossed. 

The  Bill  for  an  additional  Act  to  an  Act  intituled  an  Act  Feme 
Coverts  pass  Land.  In  the  General  Assembly  read  the  third  time  and 
passed.  In  this  House  read  the  third  time  and  passed.  Ordered  the  same 
to  be  sent  down  and  engrossed. 

Mr.  Houston  and  Mr.  Brice  brought  up  the  Bill  to  empower  the 
Court  of  Bladen  to  lay  out  certain  Districts  in  the  place  herein  men- 
tioned and  to.  appoint  Commissioners  &c:  In  the  General  Assembly 
read  the  third  time  and  passed.  In  this  House  read  and  passed.  Ordered 
the  same  to  be  sent  down  and  engrossed. 

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

Thursday  October  10""  1751.  The  House  met  according  to  adjourn- 
ment. 

Present. 
C  Mathew  Rowan.     John  Rutherford^ 

rri,     TT  II        James  Murray.        Francis  Corbin.    I  tp    rs  ivt      i 

The  Honourable  <   t  tt      n  t  i      q  >Lsq"  Members 

I  James  Hasell.         John  owann.         (        '■ 

[^  James  Innes.  J 

Mr.  Bartram  and  Mr.  Clarke  brought  up  the  Report  of  Committee  of 
Claims.  In  the  General  Assembly  read  and  concurred  with.  Also  the 
following  message  (viz.) 


COLONIAL  RECORDS.  1269 


Gextlemen  of  his  Majesties  Honourable  Council. 

There  appears  to  be  paid  into  the  Committee  of  accounts  the  sum  of 
£30.  15°  Proclamation  money,  on  account  of  the  old  loan  money,  aud 
also  £9070.  2'  6''  old  Bills,  which  were  exchanged  for  tiiose  of  the  new 
emission,  and  also  the  sum  of  £527.  14'  4*  Proclamation  money  on  the 
sinking  fund,  which  we  tliink  to  examine,  and  burn  to-morrow  at  eleven 
o'clock  in  the  afternoon  and  desire  you  will  appoint  some  of  the  Mem- 
bers of  your  House  to  see  the  same  done,  if  you  tliink  proper. 

We  also  herewith  send  you  the  report  of  the  Committee  of  Accounts 
and  have  made  some  alterations  herein,  and  desire  your  concurrance. 

SAM'  SWANN.  Speaker. 

Mr.  Houston  and  Mr.  Brice  brought  up  the  Bill  to  supply  the  Defects 
in  an  Act  intituled  an  Act  to  appoint  Commissioners  &c:  In  the  Gen- 
eral Assembly  read  the  third  time  and  passed  with  amendments.  In  this 
House  read  tiie  third  time  and  passed.  Ordered  the  same  to  be  sent 
down  and  engrossed. 

The  Bill  to  regulate  the  Pilotage  of  Cape  Fear  &c :  In  this  House  read 
the  third  time  and  passed.  Ordered  the  same  to  be  sent  down  and 
engrossed. 

The  Bill  to  invest  the  property  of  a  Bridge  in  John  Peacock  &c:  In 
this  House  read  the  second  time  and  passed. 

Tiie  Bill  to  confirm  the  four  Lots  in  Newberu  Town  &c:  being  read 
in  this  House  the  third  time,  was  put  to  the  House  whether  the  same 
should  pass  which  was  carried  in  the  affirmative,  and  the  Bill  ordered  to 
he  sent  down  and  engrossed. 

The  House  upon  reading  the  Message  of  the  Lower  House,  regarding 
the  burning  the  Bills,  and  the  Report  of  the  Committee  of  Accounts 
were  pleased  to  send  the  following  Message. 

Me.  Speaker  and  Gentlemen. 

In  answer  to  your  message  by  Mr.  Bartram  and  Mr.  Clark  about 
burning  the  Bills  therein  mentioned,  we  have  appointed  the  Honourable 
James  Murray  and  Francis  Corbin  Esq"  Members  of  this  House  to  ex- 
amine the  said  Bills  and  to  see  the  same  burned,  as  to  the  paper  which 
you  have  sent  up,  and  are  pleased  to  call  a  report  of  the  Committee  of 
Accounts,  it  does  not  appear  to  us,  to  be  a  proper  report  of  that  Com- 
mittee,    have  not  signed  the  same. 

We  must  therefore  desire  your  concurrance  in  ordering  the  several 
Accountants  to  lay  their  Accounts  before  our  Committee,  for  their  report, 
before  we  can  concurr  with  vou. 


1270  COLONIAL  RECORDS. 


Mr.  De  Rosset  and  Mr.  Kerney  Brought  up  the  Bill  to  invest  the  Prop- 
erty of  a  Bridge  in  John  Peacock.  In  the  General  Assembly  read  the 
Third  Time  and  passed. 

Also  the  Report  of  the  Committee  of  Claims,  read  in  the  General 
Assembly  and  concurred  with,  together  with  the  following  message  (viz) 

Gentlemen  of  his  Majesties  Honourable  Council. 

We  herewith  send  you  the  Report  of  the  Committee  of  Claims,  and 
have  made  several  Alterations  and  Additions  therein,  to  which  Report, 
Alterations  and  Additions,  desire  your  concurrance,  and  that  you  would 
send  the  same  back,  that  the  Clerk  may  make  out  an  estimate  thereupon. 

SAM'  SWANN.  Speaker. 

Then  the  House  adjourned  till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present 

(Mathew  Rowan.     John  Rutherford.^ 
James  Murray.       Francis  Corbin.        ,7,    ..  -.r      , 
T  rr      11  T  1      Q  -  Lsq"  Members. 

James  Hasell.         John  Swan.  ^ 

James  Innes  J 

The  Bill  to  invest  the  property  of  a  Bridge  in  John  Peacock  &c:  In 
the  Upper  House  read  the  Third  time  and  passed.  Ordered  that  the 
same  be  sent  down  and  engrossed. 

Mr.  Macklewain  and  Mr.  Clark  Brought  up  the  following  Message 
(viz) 

Gentlemen  op  his  Majesties  Honorable  Council. 

We  are  much  surprised  that  you  should,  in  your  Message  of  this  day 
make  an  Objection  to  the  Report  of  the  Committee  of  Publick  Accounts 
because  your  Members  had  not  signed  them  which  not  being  done  by 
them  after  the  Committee  has  through  an  Examination  of  the  said  Ac- 
counts, in  which  the  Members  appointed  by  your  House  assisted  and  had 
not  drawn  up  the  said  report ;  the  said  Committee  imagined  your  said 
Members  did  not  think  it  necessary  to  put  their  names  to  the  said  Report, 
as  they  did  neither  refuse  nor  agree  so  to  do ;  but  as  we  are  informed  by 
our  Committee  were  satisfied  with  the  Justice  and  regularity  of  the  said 
Accounts  so  to  be  reported.  Nevertheless  to  take  away  all  cause  of  dif- 
ference between  the  two  Houses  of  Assembly,  have  ordered  the  Account- 
ants to  lay  their  Account  before  any  Committee,  you  may  appoint  for 
that  purpose,  and  will  not  now  examine  the  regularity  of  such  a  manner 
of  proceeding.  SAM'  SWANN.  Speaker. 


COLONIAL  RECORDS.  1271 


Then  the  House  sent  the  following  Message,  in  relation  to  the  report 
of  the  Committee  of  Claims  sent  up  this  morning  (viz) 

In  answer  to  your  Message  relating  to  the  Claims ;  we  must  observe,  that 
as  no  notice  was  given  to  our  members,  that  they  may  meet  yours  on  the 
Claims,  which  you  have  now  sent,  so  they  could  not  sign  the  same,  and  as  we 
think  it  no  proper  report,  we  therefore  request  you'll  order  all  the  vouch- 
ers relating  to  the  said  Claims,  to  be  laid  before  such  Members  as  we 
have  appointed  to  meet  yours,  that  a  proper  report  be  made  for  our  con- 
currance. 

Mr.  Houston  and  Mr.  Kerney  Brought  up  the  following  message  (viz) 

Gentlemen  of  his  Majesties  Honourable  Council. 

This  House  have  resolved  that  £100.  Proclamation  money  be  paid  to 
his  Excellency  theGovernour  for  expresses  and  incident  Charges  of  Gov- 
ernment to  this  Time  and  that  the  same,  together  with  the  claims  now 
allowed,  and  the  estimates  of  Expences  due  to  the  Members  of  both 
Houses  and  the  Officers  thereof,  this  session  of  Assembly  be  paid  by  the 
Treasurer  out  of  the  Money  now  remaining  out  of  the  publick  Treasury  ; 
And  desire  your  concurrance  thereto.  SAM'  SWAN.  Speaker. 

Then  the  House  adjourned  till  To  morrow  morning  eight  o'clock. 

Fryday.  October  ll**"     The  House  met  according  to  adjournment. 
Present. 
r  Mathew  Rowan.     John  Rutherford.  ^ 

rr\     XT     We  I    Jamcs  Murray.       Francis  Corbin.  ^    „  , ,      ■ 

ihe  Hon"'"  <    j  tt      it"  tic  •  Esq"  Members. 

James  Haseil.         John  Swan.  j       ^ 

1^  James  Innes.  J 

Mr.  Hou.ston  and  Mr.  Dawson  Brought  up  the  following  Message  (viz.) 

Gentlemen  op  his  Majesties  Honourable  Council. 

In  answer  to  your  Message  relating  to  your  Members  not  having  notice 
given  them  to  meet  the  Committee  of  this  House  on  the  Publick  Claims; 
the  said  Committee  informs  this  House,  that  notice  was  given  to  the 
Members  appointed  by  you  to  join  the  said  Committee,  and  that  at  times 
tiiey  attended  the  said  Committee.  As  to  your  Members  not  signing 
the  report,  the  same  hath  often  happened,  and  no  exceptions  taken  thereto. 
We  observed  in  our  last  Message,  we  would  avoid  every  triffling  occasion 
of  quarrel  with  your  House,  we  have  therefore  ordered  the  Clerk  of  the 
Committee  of  Claims  to  lay  the  several  vouchers  for  the  same,  which 
have  been  reported  by  them  and  allowed  b}'  this  House  before  such  of 
your  Members  as  you  shall  appoint.  SAM'  SWANN.  Speaker. 


1272  COLONIAL  EECORDS. 


Then  the  House  adjourned  till  three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present. 

{Mathew  Rowan.     John  Rutherford  ^ 
James  Murray.       Francis  Corbin.      I  ^       Members. 
James  Haseil.         John  bvvann.  ^ 

James  Innes.  J 

Mr.  Murray  and  Mr.  Cqrbin,  two  of  the  Members  of  this  House 
appointed  to  inspect  the  vouchers,  and  accounts  of  the  Committee  of 
Accounts,  reported  the  same,  which  report  being  read,  was  approved  of 
by  the  House. 

The  Report  of  the  Committee  of  Accounts  being  read  in  this  House 
and  voted.  Tiiereupon  the  same  was  ordered  to  be  sent  concurred  with.  As 
also  the  Message  of  yesterday  regarding  the  resolve  of  the  Lower  House, 
with  the  Report  of  the  Committee  of  Claims  upon  the  £100  Procla" 
to  be  paid  his  Excellency,  and  the  estimate  of  this  House,  with  the 
Report  of  the  Committee  of  Claims,  also  concurred  with  by  this  House. 
Then  the  House  adjourned  till  Tomorrow  morning  Nine  o'clock. 

Saturday.  October  12""     The  House  met  according  to  adjournment. 
Present 
Mathew  Rowan.     Jn°  Rutherford 


TIL    tr     bie  )    James  Murrav.       Fra  Corbin  i  ^    rs  at      i 

The  Hon""  <    t  it      n'  t  oo  -  Lsq"  Members. 

James  Haseil.         Jn°  bwann. 


James  Innes. 

The  estimate  of  the  allowances  due  to  the  Members  of  the  General 
Assembly  being  sent  up  to  this  House  for  the  Concurrance  of  this  Board, 
was  after  being  read  and  voted,  sent  down  concurred  with  which 
amounted  to  £192.  6=  4" 

Mr.  Bartram  and  Mr.  Clark  Brought  the  following  Message,  (viz.) 

Gentlemen  of  his  Majesties  Honoubable  Council. 

As  the  surveying  Commissioners  for  stamping  and  emitting  the  sum 
of  £21350.  Publick  Bills  of  Credit  of  this  Province  at  the  rate  of  Proc- 
lamation Money  have  made  their  accounts  of  the  Emission  of  the  said 
Bills,  to  the  satisfaction  of  this  House,  which  has  also  been  concurred 
with  by  you, 

This  House  therefore  resolved  that  the  Bills  remaining  of  the  said 
Emission  in  the  Chest  after  payment  of  the  estimate  of  the  Claims,  and 
expences  of  the  Assembly,  allowed  at  this  Session  be  delivered  into  the 
hands  of  the  publick  Treasurer  of  the  Southern  District,  and  that  the 
said  Commissioners  be  discharged  of  the  same.  And  further  that  on  the 


COLONIAL  RECORDS.  127:3 


exciianging  and  payment  of  the  said  Bills  so  delivered  him  as  aforesaid, 
he  be  allowed  one  "^  cent  and  no  more. 

SAM'  SWANN.  Speaker. 

The  foregoing  message  being  read  in  this  House  was  sent  down  con- 
curred with. 

Then  His  Excellency  came  to  this  House  and  sent  a  mandate  to  tiie 
Lower  House  commanding  their  immediate  attendance. 

Whereupon  the  Speaker,  attended  by  the  Lower  House  waited  on  his 
Excellency  in  the  Council  Ciiamber  and  Mr.  Speaker  presented  to  his 
Excellency  the  following  Bills  (viz.) 

The4iill  to  alter  the  times  for  holding  the  County  Courts  of  Craven 
Cotmty. 

The  Bill  for  impowering  the  Justices  of  Johnston  County  to  divide 
the  same  into  Districts  &c: 

The  Bill  to  revive  an  Act  entituled,  an  Act  to  appoint  an  Agent  to 
sollicite  the  affairs  of  this  Province  at  the  several  Boards  in  England. 

The  Bill  to  appoint  Inspectors  in  New  Hanover  County  and  regulat- 
ing the  Exports  at  Cape  Fear. 

The  Bill  for  an  additional  Act  to  an  Act  to  appoint  Publick  Treas- 
urers. 

-  The  Bill  for  building   a  Church   at   Willmington   in   New  Hanover 
County  &c  : 

The  Bill  for  appointing  a  Place  for  holding  the  Court  for  the  County 
of  Duplin 

The  Bill  for  granting  to  his  Majesty  a  Duty  on  the  Exportation  of 
Wiue  an  Rum  into  Anson  County  from  South  Carolina. 

The  Bill  to  amend  an  Act,  entituled  an  Act  to  establish  the  Church  &c : 

The  Bill  for  an  additional  Act  to  an  Act,  intituled  an  Act  Feme- 
Coverts  how  to  pass  lands. 

The  Bill  to  impower  the  Justices  of  Bladen  County,  to  lay  out  cer- 
tain Districts  in  the  places  therein  mentioned. 

The  Bill  to  appoint  Commissioners  to  receive,  collect,  and  apply  Sub- 
scriptions towards  building  a  Church  in  Brunswick  &c:- 

The  Bill  to  amend  and  supply  the  defects  of  an  Act  to  appoint  Com- 
missioners in  the  place  and  stead  of  those  deceased,  to  compleat  and 
finish  the  Church  in  New  Bern. 

The  Bill  for  regulating  the  Pilotage  of  Cape  Fear,  and  to  impower 
the  Captain  of  Fort  Johnston  at  the  Mouth  of  said  River  to  examine 
all  vessels  &c: 

Vol.  4— 12U 


1274  COLONIAL  RECORDS. 


The  Bill  to  confirm  the  four  Lots  in  Newbern  to  the  Commissioners 
for  the  publick  buildings,  for  the  use  of  the  publick  for  ever. 

The  Bill  to  invest  the  property  of  a  Bridge  in  John  Peacock  and 
his  Heirs  &e:  by  him  already  built  over  Contentney  Creek  in  Johnston 
county  for  the  Term  of  Twenty  five  years. 

To  all  which  Bills  his  Excellency  was  pleased  to  give  his  assent,  and 
then  prorogued  the  Assembly  to  the  second  Tuesday  in  February  next 
to  he  then  held  at  Newbern. 


North  Carolina — ss. 

In  the  Lower  House,  Thursday  Septeoiber  26*  1751.  • 

Mr.  Eaton  moved,  that  the  absent  Members  be  sent  for  in  custody 
which  was  agreed  to,  nemine  contradicente 

Ordered,  That  they  be  sent  for  in  Custody,  and  that  Mr.  Speaker  issue 
his  warrants  accordingly. 

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

Friday  Sept'  27*  175L     The  House  met  according  to  Adjournment. 

The  Clerk  of  the  Crown  returned  Certificates,  that  the  following  Gen- 
tlemen were  duly  elected,  to  serve  in  this  present  General  Assembly,  for 
the  several  Counties  and  Towns  following,  viz. 

Mr.  Lewis  de  Rosset  for  the  Town  of  Wilmington  ; 

Mr.  Thomas  Kerney  for  Edgcomb  County ; 

Mr.  Francis  Brice  &  Mr.  W"  Houston  for  Duplin  County; 

Mr.  Chas.  Robinson  &  Mr.  Caleb  Howell  for  Anson  County; 

Who,  except  Mr.  Howell,  appeared  at  the  Bar  of  this  House,  and 
moved  to  be  qualifyed  as  Members  for  the  said  Town  and  Countys,  to  sit 
and  vote  in  this  present  General  Assembly. 

Ordered,  That  Mr.  Sampson  and  Mr.  Clark  acquaint  his  Majesty's 
Council  therewith,  and  let  them  know,  this  House  desire  they  would  send 
some  of  the  Members  of  the  said  Council,  to  qualify  the  above  said  Gen- 
tlemen. 

James  Murray  and  John  Swann  Esq"  two  of  the  Members  of  his 
Majesty's  Council,  came  to  the  House;  and  before  them,  Mr.  Thomas 
Kerney,  Mr.  Lewis  de  Rosset,  Mr.  Francis  Brice,  Mr.  William  Houston, 
and  Mr.  Charles  Robinson  took  the  oaths  appointed  by  law  for  their 
qualification,  subscribed  the  Test,  and  took  their  seats  in  the  House  ac- 
cordingly. 

His  Excellency  tlie  Governor  sent  a  message  to  this  House,  command- 
ing their  immediate  attendance  in  the  Council  Chamber. 


(X)I.ONIAL  RECORDS. 


Mr.  S|K'aker,  with  the  rest  of  tlie  Members  of  tliis  House,  waited  upon 
his  Excellency  the  Governor,  in  the  Council  Chamber;  when  his  Excel- 
lency the  Governor  was  pleased  to  deliver  the  followino-  s|)eoch. 

The  House  returned 

Ordered   That  the  same  he  read. 

Read  the  same. 

Ordered,  That  it  he  entered  on  the  Journals  of  the  House;  which  is 
done  as  follows,  viz. 

Gentlemkn    of    His    Ma.iestik's    Honourable    Councie,    Mk. 

Speaker,  At  GENTEE>rEX  of  the  Hou.se  of  Burge.s.ses. 

I  should  have  met  you  some  months  sooner,  if  I  had  not  been  in  daily 
expectation  of  learning  the  fate  of  those  two  laws,  which  are  of  so  great 
importance  to  tiie  settlement  of  this  Province;  that  for  an  equal  Repre- 
sentative, and  that  for  fixing  the  seat  of  Gavernment  and  G'ourts  of  Law. 

But  as  nothing  final  has  been  determined  about  them,  and  his  Majesty's 
Attorney  &  Solicitor  General  have  made  one  objection,  and  but  one,  that 
is,  the  want  of  a  suspending  Clau.se,  until  the  King's  pleasure  was  known ; 
upon  which  account,  they  report  they  cannot  advise  the  confirmation  of 
them;  I  could  no  longer  forbear  the  as.sembling  you,  for  the  dispatch  of 
public  business. 

It  mu.st  be  a  great  satisfaction  to  you,  Gentlemen,  when  you  reflect, 
that  neither  those  learned  Sages  of  the  Law,  nor  any  other  of  the  Min- 
istry, have  made  the  least  objection  to  the  substance  of  these  Laws ;  on 
the  contrary,  by  re]Deated  Advices  from  Home,  I  am  assured,  they  are 
fully  satisfied  of  the  absolute  necessity  of  putting  it  out  of  the  power  of 
the  Members  of  six  Counties,  to  defeat  all  the  good  and  wholesome  inten- 
tions of  a  whole  Legislature,  which  they  most  notoriously  did  for  twelve 
years  together;  and  to  fix  a  central  place  for  Public  Meeting,  where 
proper  Offices  may  be  erected. 

And  in  con.sequence  of  this  by  the  latest  Accounts,  I  am  informed, 
that  the  Lords  of  Trade  have  had  under  their  review,  for  some  time  past, 
the  whole  state  and  constitution  of  this  Colony,  in  order  to  make  a  report 
to  his  Majesty;  who  will,  no  doubt  out  of  his  fatherly  tenderness  to  all, 
even  the  most  distant  of  his  subjects,  give  proper  directions  for  supply- 
ing every  defect,  and  rectifying  whatever  is  amiss. 

In  the  mean  time.  Gentlemen,  you  have  a  fresh  oi)portuuity  of  doing 
service  to  your  Country,  by  adding  to  the  number  of  excellent  Laws  you 
have  already  pass'd,  such  new  ones  as  may  be  .still  wanting:  Y<iu  have 
been  already  the  in-striunents  of  doing  more  real  service  to  your 
Country  than    all   your  Predecessors  put  together  ;    and   T   don't  at  nil 


1276  COLONIAL  RECORDS. 


doubt  but  yoii  will  continue  to  proceed  with  the  same  prudence,  unanim- 
ity and  Public  Spirit  you  have  hitherto  done. 

Mr.  Sampson  moved  that  ^  Committee  be  appointed  to  draw  an 
Address  to  his  Excellency  the  Governor's  Speech,  and  the  following  per- 
sons were  accordingly  appointed,  viz.  Mr.  John  Starkey,  Mr.  Lewis  De 
Rosset  and  Mr.  John  Dawson. 

Mr.  Starkey  moved  that  a  Committee  be  appointed  to  examine,  state, 
and  settle  the  Public  Accounts  of  this  Province.  The  following  persons 
were  accordingly  appointed,  viz.  Mr.  Thomas  Kerney,  Mr.  Lewis  Do 
Rosset  and  Mr.  William  Eaton. 

Mr.  Sampson  moved  that  a  Committee  be  appointed  to  settle  and 
allow  the  Public  Claims,  and  the  following  persons  were  accordingly 
appointed  viz.  Mr.  Thomas  Lovick,  Mr.  John  Starkey,  Mr.  John  Daw- 
son, Mr.  Francis  Brice  and  Mr.  W"  Houston. 

Mr.  Starkev'  moved  that  a  message  be  sent  to  the  Council  to  appoint 
such  of  their  Members  as  they  shall  think  proper  to  joyn  the  Commit- 
tees appointed  by  this  House  to  examine,  state,  and  settle  the  Public 
Accounts  of  this  Province,  and  also,  to  settle  and  allow  the  Public 
Claims  thereof,  which  was  agreed  to,  nemine  contradicente. 

Sent  the  following  Message  to  his  Majesty's  honourable  Council,  viz. 

Gentlemen  of  his  Maj"'''  hon"'  Council, 

We  have  appointed  a  Committee  of  the  following  Gentlemen  to  exam- 
ine, state  &  settle  the  Publick  Accounts  of  this  Province,  viz  :  Mr. 
Thomas  Kerney,  Mr.  Lewis  De  Rosset,  and  Mr.  William  Eaton :  and 
also  a  Committee  of  the  following  Gentlemen  to  settle  and  allow  the 
Public  Claims,  in  conjunction  with  such  Members  of  your  House  as 
your  Honours  shall  think  fit. 

By  Order.  S.  SWANN.  Speaker. 

Mr.  Sampson  moved  for  leave  to  bring  in  a  Bill  to  alter  the  place  for 
building  the  Court  House  in  Duplin  County. 

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

Mr.  William  Eaton  laid  before  the  House  a  Petition  from  the  Inhab- 
itants of  Granville  County,  setting  forth  several  hardships  they  lie  under 
in  carrying  Tobacco  to  the  Warehouses  in  the  said  County  in  discharge 
of  their  County  and  Parish, Levies,  praying  Relief  &c. 

Mr.  Starkey  moved,  (and  was  seconded)  that  the  said  Petition  lie  on 
the  table  for  Consideration. 

Ordered.  That  the  same  lie  on  the  Table  for  consideration. 

The  House  adjourne<l  till  4  o'clock  in  the  afternoon. 


COLONIAL  RECORDS.  1277 


P.  M.     The  House  met  according  to  Adjournment. 
The  House  adjourned  till  to  morrow  morning  9  o'clock. 

Saturday,  September  28,  1751 .  The  House  met  according  to  Adjourn- 
ment. 

Received  the  following  Message  from  the  Council,  viz  : 

Mr.  Speaker  and  Gentlemen  of  the  House  of  Burgesses, 

This  House  taking  under  tlieir  consideration  the  message  of  yesterday, 
regarding  the  appointment  of  the  Committees  of  Accompts  and  Claims 
tliought  tit  to  appoint  the  following  Gentlemen,  in  conjunction  with  those 
of  yours,  to  wit,  the  honourable  James  Murray  and  Francis  Corbin 
Esq"  for  the  Accompts,  and  the  honourable  .James  Hasell  and  .John 
Swann,  Esq'',  for  the  Claims. 

Dated  Sepf  28,  1751. 

Mr.  Caleb  Howell,  the  other  Member  for  Anson  County  appeared, 
took  the  oaths  appointed  by  Law  for  his  qualification,  subscribed  the 
Test,  and  took  his  seat  in  the  House  accordingly. 

Mr.  D'Rosset  moved,  for  leave  to  bring  in  a  Bill,  for  appointing 
inspectors  in  New  Hanover  County,  and  for  regidating  the  exports  of 
Cape  Fear. 

Ordered,  That  he  have  leave,  and  tiiat  lie  prejiare  and  liring  in  the 
same. 

Mr.  D'Rosset  brought  in  the  above-said  Bill,  which  he  read  in  his 
place. 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council. 

The  House  adjourned  till  3  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Starkey  from  the  Committee  appointed  to  prepare  the  address  of 
this  House,  in  Answer  to  His  Excellency  the  Governor's  Speech,  re- 
ported, the  Committee  had  prepared  the  same,  which  he  read  in  his 
place. 

Ordered,  The  same  be  engrossed  ;  which  is  accordingly  done,  and  is  as 
follows,  viz. 

To  his,  Excellency  Gabriel  Johnston  Esq"  Captain-General,  Governor, 
&  Commander  in  Chief,  in  &  over  His  Majesty's  Province  of  North 
Carolina. 

The  Humble  Address  of  the  General  Assembly  of  the  said  Province. 
May  it  Please  your  Excellency, 

It  is  an  agreable  Pleasure  to  us,  that  the  Laws  passed  in  the  several 
Sessions  of  this  Assembly,  meet  the  ajjprobation  of  so  good  a  Judge  as 


1278  COLONIAL  RECORDS. 


your  Excellency;  and  tho'  some  of  them,  especially  those  two  important 
ones,  particnlarly  mentioned  by  your  Excellency,  have  unhappily  (from 
the  mistakes  of  some  Persons,  and  the  private  views  and  designs  of  oth- 
ers) missed  of  that  general  good  effect  by  ns  so  honestly  designed,  and 
cordially  wished  for;  yet,  witli  great  satisfaction,  we  have  your  Excel- 
lency's assurance,  that  notwithstanding  all  the  noise  and  clamour  made 
by  People  fond  of  contention  here,  the  sole  objection  made  at  home, 
either  by  those  learned  Gentlemen  of  the  Law,  to  whom  those  two  Laws 
were  referred,  or  his  Majesty's  Ministers;  is,  as  to  the  passing  them 
without  a  suspending  clause,  until  his  Majesty's  pleasure  was  known,  and 
for  ought  we  can  learn,  the  substance  and  equity  of  them  remains  un- 
shaken and  do  not  in  the  least  doubt,  but  that,  as  the  whole  state  and 
constitution  of  this  Province,  for  some  time  has  lain  before  the  Lords 
Commissioners  of  Trade,  for  their  report  thereon  to  his  royal  Majesty, 
he  will  be  pleased,  out  of  his  wonted  paternal  goodness  to  all  his  subjects 
in  general,  to  give  sucii  directions,  as  will  for  the  future  prevent  all 
manner  of  dispute. 

We  are  npw  met  with  fixed  resolutions,  to  promote  such  other  good 
and  necessary  Laws,  as  the  Circumstances  of  the  whole  Province  in  gen- 
eral, and  our  several  Constituents  in  particular,  do  yet  want  and  loudly 
call  for. 

And  we  assure  your  Excellency,  we  shall  endeavour  to  do  what  may 
be  in  our  power,  to  render  your  just  and  mild  Administration  over  us 
(whicii  we  desire  long  to  continue)  easy  and  agreable;  and  shall  proceed 
in  the  Public  Business  before  us  (as  we  flatter  ourselves  we  have  hereto- 
fore constantly  done)  with  unanimity,  assiduity  and  dispatch. 

The  House  adjourned  till  Monday  morning  10  o'clock. 

Monday  Sepf  30""  1751.  The  House  met  according  to  Adjourn- 
ment. 

His  Excellency  the  Governor,  sent  a  Message  to  this  House,  com- 
manding their  immediate  attendance  in  the  Council  Chamber. 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governor,  in 
the  Council  Chamber;  when  Mr.  Speaker  presented  his  Excellency  with 
the  Address  of  this  House. 

Mr.  Stringer  one  of  the  Members  for  Craven  County  appeared. 

William  Speight,  Serjeant  at  arms,  returned  the  wari'ant,  issued  by 
Mr.  Speaker,  and  directed  to  the  said  Serjeant,  to  take  into  his  custody 
Mr.  John  Barrow,  Mr.  Michael  Coutauch,  Mr.  James  Calf,  and  Mr. 
Samuel  Sinclair,  as  follows;  executed  on  Mr.  Calf,  the  27*  of  Septem- 
ber 1751,  and  on  Mr.  Barrow,  Mr.  Sinclair,  and  Mr.  Coutauch,  the  28"" 
of  September.  WILLIAM  SPEIGHT. 


COLONIAL  RECORDS.  1279 


Ordered.  That  the  above  named  Gentlemen  be  fined  30'  each,  for 
three  davs  absence  from  tlie  service  of  the  Honse;  and  tliat  Mr.  Speaker 
issue  his  warrant  (directed  to  the  Messenger)  pursuant  to  an  Act  of  As- 
sembly of  this  Province,  in  such  cases  made  &  provided. 

Mr.  Sampson  brought  in  a  Bill,  to  appoint  a  convenient  place  for 
holding  the  County  Court  of  Duplin,  and  to  impower  the  Commissioners 
hereafter  named,  to  builda  Court-House,  Prison  and  Stocks,  in  the  said 
County,  which  he  read  in  his  place. 

Ordered.  That  the  same  pass,  and  be  sent  to  the  Council. 

Mr.  Carruthers  moved,  for  leave  to  bring  in  a  Bill,  to  alter  the  Times 
for  holding  the  Courts  for  the  County  of  Craven. 

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

Mr.  Carruthers  brought  in  a  Bill,  to  alter  the  times  for  holding  the 
Courts  for  the  County  of  Craven,  which  he  read  in  his  place. 

Ordered.  That  the  same  pass  &  be  sent  to  the  Council. 

Mr.  Starkey  moved,  for  leave  to  bring  in  a  Bill,  to  revive  an  Act, 
intituled  An  Act  to  appoint  an  Agent,  to  sollicit  the  affairs  of  this  Prov- 
ince, at  the  several  Boards  in  England. 

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

Mr.  Starkey  brought  iu  the  said  Bill,  which  he  read  in  his  place. 

Ordered.  That  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  three  Bills  to  the  Council,  and  also  the  Bill  for  appoint- 
ing Inspectors  in  New  Hanover  County,  and  for  regulating  the  exports 
of  Cape  Fear  River;  by  Mr.  Sampson,  and  Mr.  D'Rosset. 

The  House  adjourned  till  3  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Herring  moved,  for  leave  to  bring  in  a  Bill,  for  impowering  the 
Justices  of  Johnston  County,  to  make,  mend,  and  repair  all  Roads, 
Bridges,  Cutts  and  Water  Courses,  already  laid  out,  or  hereafter  to  be 
laid  out  in  the  said  County.  ' 

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

Mr.  Herring  brought  in  the  said  Bill,  which  he  read  in  his  place. 

Ordered.  That  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council,  by  Mr.  Stringer,  and  Mr.  Herring. 

The  House  adjourned  till  tomorrow  morning  9  o'clock. 

Tuesday  October  1"  1751.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  the  Council  the  followina;  Bills,  viz. 


1280  COLONIAL  RECORDS. 


The  Bill,  to  revive  au  Act,  intituled,  an  Act,  to  appoint  an  Agent  to 
sollicit  the  affairs  of  this  Province  &c. 

The  Bill,  to  alter  the  times  for  holding  the  Courts  for  the  County  of 
Craven. 

The  Bill,  to  appoint  a  convenient  place,  for  holding  the  County  Court 
of  Duplin. 

The  Bill,  for  appointing  Inspectors  in  New  Hanover  County  &c. 
Endorsed ;  in  the  Upper  House  read  the  first  time  and  passed. 

By  Order.  R.  LOVET.  Clerk. 

And  the  Bill,  for  impowering  the  Justices  of  Johnston  County,  to 
make,  mend,  and  repair  the  Roads,  Bridges  &c.  in  the  said  County.  En- 
dorsed ;  in  the  Upper  House,  read  the  first  time  and  passed. 

By  Order.  R.  LOVET.  Clerk. 

Mr.  Starkey  moved,  for  leave  to  bring  in  a  Bill,  for  an  Additional 
Act  to  the  several  Acts  to  appoint  Public  Treasurers. 

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

Mr.  Starkey  brouglit  in  the  above-said  Bill,  which  he  read  in  his 
place. 

Mr.  Dawson  moved,  for  leave  to  bring  in  a  Bill,  for  an  additional  Act 
to  an  Act  intituled,  An  Act,  Feme  Coverts  how  to  pass  Lands. 

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

Mr.  Dawson  brought  in  the  above-said  Bill,  which  he  read  in  his 
place. 

Mr.  D'Rosset  moved,  for  leave  to  bring  in  a  Bill,  for  building  a 
church  in  Wilmington,  in  S'  James'  Parish,  in  New  Hanover  County. 

And  a  Bill  to  explain  part  of  a  Clause  in  an  Act,  intituled,  An  Act, 
for  establishing  the  Church,  for  appointing  Parishes,  and  the  method  of 
electing  Vestries  &c. 

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

Mr.  D'Rosset  brought  in  the  above-said  two  Bills,  which  he  read  in 
his  Place. 

Ordered  Tiiat  the  above-said  four  Bills  pass,  and  be  sent  to  the 
Council. 

Mr.  Robinson  moved,  for  leave  to  bring  in  a  Bill,  for  an  Act,  intituled, 
an  Act  for  granting  to  his  Majesty  a  Duty  on  the  importation  of  Rum, 
&c.  into  Anson  County,  from  South  Carolina. 

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


COLONIAL  RECORDS.  1281 


Mr.  Robinsou  brought  in  the  above-said  Bill,  whidi  lie  read  in  his 
place. 

Ordered.  That  the  same  pass  &  l)e  sent  to  the  Council.  Sent  tlie 
above  Bills  to  the  Council,  by  Mr.  Houston  &  Mr.  D'Rosset. 

Ordered  That  the  Bill  to  revive  an  Act,  intituled,  an  Act,  to  appoint 
an  Agent,  to  sollicit  the  affairs  of  this  Province,  at  the  several  Boards 
in  England,  be  read  the  second  time. 

Read  the  above-said  Bill  the  second  time,  and  passed  with  Amend- 
ments. 

Ordered,  That  the  Bill  for  iiupowering  the  Justices  of  Johnston 
County,  to  make,  mend,  and  repair  all  Roads,  Bridges,  Cutts  &  water- 
courses &c.  be  read  the  second  time. 

Read  the  said  Bill  the  second  time,  and  passed. 

Ordered,  That  the  above-said  two  Bills  be  sent  to  the  Council. 

Sent  the  aforesaid  two  Bills  to  the  Council,  by  Mr.  Clark  and  Mr. 
Sampson. 

Ordered,  That  the  following  Bills  be  read,  viz. 

The  Bill,  to  alter  the  times  for  holding  the  Courts  for  the  County  of 
Craven,  the  second  time;  and  The  Bill  to  appoint  a  convenient  place, 
for  holding  the  County  Court  of  Duplin  &c.  the  second  time;  which 
said  two  Bills  were  amended  and  passed. 

Ordered,  That  the  said  two  Bills  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council  by  Mr.  Clark  and  Mr.  Samp- 
son. 

Received  from  the  Council,  the  Bill,  for  building  a  church  at  Wil- 
mington, in  S'  James's  Parish,  in  New  Hanover  County  &c.  Endorsed, 
In  the  Upper  House,  read  the  first  time  and  passed. 

By  Order.  RICH :  LOVET,  Clerk. 

And  the  Bill,  for  an  additional  Act  to  an  Act,  intituled,  An  Act,  Feme 
Coverts  how  to  pass  lands.  Endorsed.  In  the  Upper  House,  read  the 
first  time  and  passed.     By  Order.  R.  LOVET.  Clerk. 

The  House  adjourned  till  to  morrow  9  o'clock. 

Wednesday  October  2""*  1751.  The  House  met  according  to  adjourn- 
ment. 

Mr.  Dawson  moved  for  leave  to  bring  in  a  Bill,  to  alter  and  explain 
an  Act,  intituled.  An  Act,  for  the  relief  of  insolvent  debtors,  as  to  the 
imprisonment  of  their  Persons. 

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

Mr.  Dawson  brought  in  the  said  Bill,  which  he  read  in  his  place. 


1282  COLONIAL  RECORDS. 


Ordered,  That  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  D'Rosset  and  Mr.  Houston, 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill,  for  an  additional  Act  to  the  several  Acts,  to  appoint  Public 
Treasurers. 

The  Bill,  for  granting  to  his  Majesty,  a  duty  on  the  importation  of 
rum  &c.  into  Anson  County,  from  South  Carolina. 

And  the  Bill,  to  alter  the  times  for  holding  the  Courts  for  the  County 
of  Craven. 

Endorsed;  In  the  Upper  House,  read  the  second  time  and  passed. 
By  Order.  R.  LOVET.  Clerk. 

Mr.  Carruthers  moved  for  leave  to  bring  in  a  Bill,  to  impower  the 
Churchwardens  &c. 

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

Mr.  Carruthers  brought  in  the  said  Bill,  which  lie  read  in  his  place. 

Ordered,  That  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  De  Rosset  &  Mr.  Houston. 

Ordered,  That  the  Bill,  for  appointing  Inspectors  in  New  Hanover 
County,  and  for  regulating  the  Exports  at  Cape  Fear,  be  read  the  second 
time. 

Read  the  above-said  Bill  the  second  time  and  amended  the  same. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council,  with  the  said 
amendments. 

Ordered,  That  the  Bill,  for  an  additional  Act  to  an  Act,  Feme  Coverts 
how  to  pass  Lands,  be  read  the  second  time. 

Read  the  above-said  Bill  the  second  time  &  amended  it. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council,  with  the 
Amendments. 

Sent  the  same  to  the  Council  by  Mr.  De  Rosset  &  Mr.  Houston 

Mr.  Herring  moved  for  leave  to  bring  in  a  Bill,  to  invest  the  property 
of  a  Bridge  in  John  Peacock,  his  Heirs  and  Assigns  (by  him  already 
built  over  Contentney  Creek,  in  Johnston  County)  for  the  term  of  twenty 
five  years. 

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

Mr.  Herring  brought  iu  the  above-said  Bill  which  he  read  in  his  place. 

Ordered,  That  the  same  pass  &  be  sent  to  the  Council. 

Sent  the  above  bill  to  the  Council  by  Mr.  D'Rosset  and  Mr.  Houston. 

Ordered,  That  the  Bill,  for  an  Additional  Act,  to  the  several  Acts,  to 
appoint  Public  Treasurers,  be  read  the  second  time. 


COLONIAL  RECORDS.  128.3 


Read  the  above-said  Bill  the  second  time. 

Mr.  Starkey  proposed  several  Amendments  to  the  said  Bill;  and 
moved,  that  the  House  resolve  into  a  Committee  of  the  whole  House,  to 
debate  on  the  several  Amendments  proposed. 

Mr.  De  Rosset  moved,  that  the  said  Bill  lie  on  the  Table. 

The  question  being  put,  Whether  the  said  Bill  lie  on  the  Table  for 
consideration  or  not?  which  passed  in  the  negative, 

Resolved,  That  the  House  resolve  into  a  Committee  of  the  whole 
House  to-morrow,  to  debate  on  the  Subject-matter  of  the  above-said  Bill. 

Mr.  William  Bartram,  one  of  the  Members  for  Bladen  County  ap- 
peared. 

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

Thursday  October  3^''  1751.  The  House  met  according  to  Adjourn- 
ment. 

The  Order  of  yesterday  being  read,  touching  the  Bill  for  an  additional 
Act  to  the  several  Acts,  to  appoint  Public  Treasurers,  being  committed  ; 

Mr.  Starkey  moved,  that  the  House  resolve  into  a  Committee  of  the 
whole  House,  agreable  to  the  Resolve  of  yesterday. 

The  House  resolved  into  a  Committee  of  the  whole  House,  unani- 
mously chose  Mr.  Francis  Stringer  Chairman ;  and  then  took  the  sub- 
ject-matter of  the  said  Bill  under  their  Consideration. 

After  several  Debates  thereon,  the  Committee  proposed  several  Amend- 
ments thereto, 

Then  Mr.  Speaker  resumed  the  Cha>r. 

Mr.  Chairman  reported,  that  the  Committee  had  proposed  several 
amendments  to  the  said  Bill,  which  were  read. 

Resolved,  That  the  House  agree  to  the  said  Amendments. 

Ordered,  That  the  said  Bill  do  pass  therewith,  and  be  sent  to  the 
Council. 

Sent  the  same  to  the  Council,  by  Mr.  Sampson  &  Mr.  Stringer. 

Mr.  Stringer  moved  for  leave  to  bring  in  a  Bill,  to  put  iu  force  the 
several  Acts  of  the  General  Assembly  of  this  Province  concerning  Roads 
and  Ferries  passed  in  the  year  1715,  and  1734,  iu  Craven  County,  and 
for  repealing  the  Act  passed  in  the  year  1 745,  so  far  as  relates  to  the 
Roads  in  the  said  County. 

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

Mr.  Stringer  brought  in  the  said  Bill,  which  he  read  in  his  Place. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  said  Bill  to  the  Council,  by  Mr.  Sampson  and  Mr.  Stringer. 


1284  COLONIAL  RECOEDS. 


Ordered,  That  the  Bill,  to  alter  the  Times  for  holding  the  Courts  in 
the  County  of  Craven,  be  read  the  third  time. 

Read  the  above-said  Bill  the  third  time,  and  passed. 

Ordered,  That  the  same  be  sent  to  the  Council. 

Sent  the  same  to  the  Council,  by  Mr.  Sampson  &  Mr.  Stringer. 

Ordered,  That  the  Bill,  for  building  a  church  at  Wilmington,  in  S' 
James'  Parish,  be  read  the  second  time. 

Read  the  said  Bill  the  second  time,  and  amended  the  same. 

Ordered,  That  the  said  Bill  be  sent  to  the  Council. 

Sent  the  same  to  the  Council,  with  the  said  amendments,  by  Mr. 
Sampson  &  Mr.  Stringer. 

Received  from  the  Council,  the  Bill  for  impowering  the  Justices  of 
Johnston  County,  to  divide  the  same  into  Districts,  and  to  appoint  Com- 
missioners for  the  Roads.  Endorsed,  In  the  Upper  House,  read  the 
second  time,  and  passed,  with  Amendments. 

And  the  Bill  to  amend  an  Act  intituled,  an  Act,  for  establishing  the 
church,  for  appointing  Parishes,  and  the  method  of  electing  Vestries,  and 
for  directing  the  settlement  of  Parish  Accompts  throughout  this  Govern- 
ment. Endorsed,  In  the  Upper  house,  read  the  first  time  &  passed  with 
amendments. 

Received  a  Message  from  his  Excellency,  the  Governor,  as  follows,  viz. 

Me.  Speaker, 

In  answer  to  the  Aclflress  of  your  House,  presented  to  me  on  the  14"" 
of  April  1749,  I  must  inform  you,  that  the  Commissioners  appointed 
for  disposing  the  Monies  arising  from  the  Spanish  Wreck,  never  made 
any  Report  to  me,  and  I  am  entirely  a  Stranger  to  every  circumstance 
relating  to  that  Affair,  since  the  appointment  of  the  Commissioners. 

As  to  the  naval-Office  Accompts,  I  left  all  the  Papers  relating  to  that 
Office,  and  a  great  many  others,  relating  to  the  Public,  and  my  own  private 
Affairs,  at  Cape  Fear,  in  the  hands  of  Mr.  Hambleton,  when  I  removed 
to  the  North;  since  which  time  I  have  used  most  incessant  endeavours 
to  get  them  from  his  widow ;  but  have  not  yet  been  able  to  get  her  to 
deliver  up  any  one  paper,  to  my  great  loss  on  many  accounts. 

This  is  not  a  supposition  but  a  Fact,  known  to  yourself,  Sir,  and  to 
several  Members  of  both  Houses,  that  no  sollicitation  of  mine  has  been 
wanting,  to  procure  the  proper  Vouchers. 

I  shall  only  put  you  in  mind,  what  Confusion  and  Disorder  prevailed 
in  this  Province,  from  January  1735,  to  March  1739;  which  with  my 
residing  at  Cape  Fear,  and  the  seat  of  Government  being  at  Edenton, 
made  the  incidental  charges  of  Government  more  than  double  of  what 


COLONIAL  RECORDS.  1285 


they,  have  been  ever  since;  but  I  leave  it  entirely  to  your  House  to 
determine  what  they  think  proper  to  be  done  on  this  emergency. 

After  reading  of  which,  and  several  debates  had  thereon: 

Resolved,  That  the  same  lie  for  Consideration. 

Ordered,  That  the  Bill  for  granting  to  his  Majesty  a  duty  on  the 
importation  of  rum  and  wine  into  Anson  County  from  South  Carolina, 
be  read  the  second  time. 

Read  the  said  Bill  the  second  time  and  amended  the  same. 

Ordered,  Tiiat  the  same  pass  with  the  said  Amendments,  and  be  sent 
to  the  Council. 

Sent  tlie  same  to  the  Council  by  Mr.  M'Lewean  and  Mr.  Bartram. 

Ordered,  Tiiat  the  Bill,  to  amend  an  Act,  intituled  an  Act,  for  estab- 
lishing the  Church,  and  for  appointing  Parishes,  and  the  method  of 
electing  Vestries,  &c.  be  read  the  second  time. 

Read  the  said  Bill  the  second  time  and  amended  the  same. 

Ordered,  That  the  same  pass  with  the  said  Amendments,  and  be  sent 
to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  M'Lewean  and  Mr.  Bartram. 

Mr.  Clark  moved  for  leave  to  bring  in  a  Bill  for  destroying  wild  Cat- 
tle and  Hogs,  and  for  taking  up  wild  unmarked  and  un branded  Horses. 

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

Mr.  Clark  brought  in  the  said  Bill,  which  he  read  in  his  place. 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  M'Lewean  and  Mr. 
Bartram. 

Mr.  Clark  moved  for  leave  to  bring  in  a  Bill  for  an  additional  Act  to 
an  Act  intituled  an  Act  for  impowering  the  several  Commissioners  here- 
inafter-named, to  make,  mend  and  repair  all  Roads,  Bridges,  Cutts  and 
Water-courses,  already  laid  out,  or  hereafter  to  be  laid  out,  in  the  several 
Counties  and  Districts  herein-after  appointed,  in  such  manner  as  they 
judge  most  useful  to  the  Public. 

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

Mr.  Clark  brought  in  the  above-said  Bill,  which  he  read  in  his  place. 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  M'Lewean  and  Mr.  Bartram. 

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

Friday  October  4""  175L     The  House  met  according  to  Adjournment. 
Received  from  the  Council  the  following  Bills,  viz. 


1286  COLONIAL  RECORDS. 


The  Bill  for  granting  to  his  Majesty  a  Duty  on  Rum  and  Wine 
imported  into  Anson  County,  from  South-Carolina. 

And  the  Bill  for  appointing  Inspectors  in  New  Hanover  County,  and 
for  regulating  the  exports  at  Cape  Fear. 

Endorsed,  In  the  Upper  House  read  the  second  time,  and  passed  with 
amendments. 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill  for  building  a  Church  at  Wilmington,  in  S'  James's  Parish, 
in  New  Hanover  County. 

The  Bill  for  an  additional  Act  to  an  Act  intituled.  An  Act  Feme 
Coverts  how  to  pass  lands. 

And  the  Bill  for  an  additional  Act  to  the  several  Acts  to  appoint  Pub- 
lic Treasurers.  Endorsed,  In  the  Upper  House,  read  the  second  time, 
and  passed  with  amendments. 

Ordered,  that  the  Bill  for  impowering  the  Justices  of  Johnston  County 
to  divide  the  same  into  Districts  &c.  be  read  the  third  time. 

Read  the  said  Bill  the  third  time. 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  De  Rosset  and  Mr.  Houston. 

Ordered,  That  the  Bill  to  revive  an  Act  intituled  An  Act  to  appoint 
an  Agent  to  sollicit  the  affairs  of  this  Province,  at  the  several  Boards  in 
England,  be  read  the  third  time. 

Read  the  said  Bill  the  third  time,  and  amended  the  same. 

Ordered,  That  the  same  i)ass  and  be  sent  to  the  Council,  with  the  said 
amendments. 

Sent  the  above  Bill  to  the  Council  by  Mr.  D'Rosset  and  Mr.  Houston. 

Mr.  D'Rosset  moved  for  leave  to  bring  in  a  Bill,  to  appoint  Commis- 
sioners to  build  and  erect  a  church  in  the  Town  of  Brunswick,  on  Cape 
Fear  River. 

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

Mr.  D'Rosset  brought  in  the  above-said  Bill,  which  lie  read  in  iiis 
place. 

Ordered,  That  the  same  pass,  and  be  .sent  to  the  Council. 

Sent  the  above-said  Bill  to  the  Council  by  Mr.  D'Rosset  and  Mr. 
Houston. 

Mr.  Starkey  moved.  That  the  House  take  the  Governor's  message 
under  consideration,  pursuant  to  the  resolve  of  yesterday. 

Resolved,  That  the  same  be  taken  into  consideration,  which  the  House 
accordingly  did,  and  came  to  the  following  resolutions,  viz. 


COLONIAJ.  RECORDS.  \2H7 


Resolved,  That  the  Treasurer  be  directed,  and  he  is  hereby  directed 
to  suspend  bringing  any  suit  against  Samuel  Johnston  Esq"  formerly 
receiver  of  the  Powder  money,  and  impost  duties  at  Port  Brunswick, 
that  the  Governor  may  have  longer  time  to  produce  the  Vouchers  he 
mentions  in  his  said  Message. 

Resolved,  That  his  Excellency  the  Governor  be  addressed,  to  direct 
the  Commissioners  appointed  to  sell  such  Goods  as  were  saved  and  taken 
from  the  Spanisii  Wreck,  to  lay  before  him,  an  account  of  the  money 
arising  by  the  sale  of  the  said  Goods. 

Sent  the  following  address  to  his  Excellency,  in  consequence  of  the 
above  resolve,  viz. 

May  it  plea.se  your  Excellency, 

This  House  desire  you  would  be  pleased  to  direct  the  Commissioners, 
appointed  by  your  Excellency,  to  sell  sucii  Goods  as  were  saved  &  taken 
from  the  Spanish  Wreck,  to  lay  before  your  Excellency  an  Account,  of 
the  Monies  arising  by  such  sale,  and  the  distribution  thereof  at  the  next 
Assembly,  and  to  pay  one  fourth  part  of  the  money  arising  by  the  sales 
thereof  to  the  Public  Treasurer,  that  the  fourth  part  may  be  applyed  by 
your  Excellency,  the  Council,  and  General  Assembly,  agreable  to  your 
Excellency's  former  Appointment. 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill,  to  alter  the  times  for  holding  the  Courts  for  the  County  of 
Craven. 

The  Bill,  for  impowering  the  Justices  of  Johnston  County,  to  divide 
the  same  into  Districts  &c.  Endorsed.  In  the  Upper  House,  read  the 
third  time,  and  passed. 

Ordered,  That  the  same  be  sent  down  and  engrossed. 

Received  from  the  Council  the  following  Bill,  viz. 

The  Bill,  for  appointing  a  place  for  holding  the  County  Court  of 
Duplin,  and  to  impower  the  Commissioners  hereafter  named,  to  build  a 
Court  House,  Prison,  and  Stocks  in  the  said  County,  and  enlarging  the 
Bounds  thereof  Endorsed,  In  the  Upper  House,  read  the  second  time 
&  passed  with  amendm'' 

Mr.  D'Rosset  moved  for  leave  to  bring  in  a  Bill,  for  regulating  Pilot- 
age at  Cape  Fear  River,  and  to  impower  the  Captain  of  Fort  Johnston, 
at  the  mouth  of  the  said  River,  to  examine  all  vessells  entering  the  said 
River,  concerning  the  health  of  their  Crews  on  board  the  said  Vessells. 

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

Mr.  D'Rosset  brought  in  the  said  Bill,  which  he  read  in  his  place. 


1288  COLONIAL  RECORDS. 


Ordered,  That  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council  by  Mr.  Sampson  and  Mi-.  Kartram. 

The  House  adjourned  till  3  o'clock  Afternoon. 

P.  M.     The  House  met  according  to  adjournment. 
The  House  adjourned  till  to  morrow  morning  9  o'clock. 

Saturday  October  5""  175L  The  House  met  according  to  adjourn- 
ment. 

Ordered,  That  the  Bill  for  an  additional  Act  to  the  several  Acts  to 
appoint  Public  Treasurers. 

The  Bill,  for  building  a  church  at  Wilmington,  in  S'  James's  Parish, 
in  New  Hanover  County. 

The  Bill  for  appointing  Inspectors  in  New  Hanover  County,  and  for 
regulating  the  exports  at  Cape  Fear  River.     The  last  two  were  amended. 

The  Bill,  to  appoint  a  convenient  place  for  holding  the  County  Court 
at  Duplin,  &c. 

And  the  Bill,  for  granting  to  his  Majesty,  a  Duty  on  the  importation 
of  Rum  and  Wine  into  Anson  County,  from  South-Carolina,  which 
were  also  amended. 

Ordered,  That  the  above  five  Bills,  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Houston  &  Mr.  Brice. 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill,  to  amend  an  Act,  intituled,  an  Act,  for  establishing  the 
church,  appointing  Parishes,  and  directing  the  method  of  electing  Ves- 
tries, and  for  directing  the  settlement  of  Parish  Accompts  throughout 
this  Government.  Endorsed.  In  tiie  Upper  House,  read  the  second 
Time  and  passed. 

The  Bill,  to  invest  the  property  of  a  Bridge  in  John  Peacock  and  his 
heirs,  by  him  already  built  &c.  for  the  term  of  twenty  five  years. 

The  Bill,  for  regulating  the  Pilotage  at  Cape  Fear,  and  to  im power  the 
Captain  of  Fort  Johnston,  at  the  mouth  of  the  said  river,  to  examine 
all  vessells  &c.  Endorsed.  In  the  Upper  House,  read  the  first  time  and 
passed. 

The  Bill,  to  impower  the  Court  of  Bladen  County,  to  lay  out  certain 
Districts  in  the  Places  therein  mentioned  &c.  Endorsed.  In  the  Upper 
House,  read  the  first  time  &  passed  with  amendm" 

The  Bill  for  amending  and  supplying  the  Defects  of  an  Act,  intituled, 
an  Act  to  appoint  Commissioners  in  the  room  and  stead  of  those  de- 
ceased, to  finish  the  Church  at  New  Bern  &c.  Endorsed.  In  the  Upper 
House  read  the  first  time  &  passed  with  amendm" 


COLONIAL  RECORDS.  1289 


And  tlic  Bill,  to  revive  an  Act  intituled,  An  Act,  to  ap])oiiTt  an  Aj^cnt 
to  sollif'it  the  affairs  of  this  Province  &c.  Endorsed.  In  the  li])])er 
House,  read  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  down  and  engrossed. 

The  House  adjourned  till  3  o'clock  Afternoon. 

P.  M.     The  House  met  then. 

The  House  adjourned  till  Monday  moriiino;  10  o'clock. 

Monday  October  T""  1751.  The  House  met  according  to  Adjourn- 
ment. 

Received  the  following  Bills  from  the  Council,  viz. 

The  Bill,  for  appointing  Inspectors  in  New-Hanover  County,  and  for 
regulating  the  exports  at  Cape  Fear. 

The  Bill,  for  an  additional  Act,  to  the  sevei-al  Acts  to  appoint  Public 
Treasurers. 

And  the  Bill,  for  building  a  church  in  New  Hanover  County.  En- 
dorsed. In  the  Upper  House,  read  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  down  &  engrossed. 

And  also  the  Bill,  to  appoint  Commissioners  to  receive,  collect,  and 
apply  subscriptions  towards  building  a  Church  in  the  Town  of  Bruns- 
wick, tfec.  Endorsed,  In  the  Upper  House,  read  the  first  time  &  passed 
with  amendments. 

Received  from  the  Council  the  following  message,  viz. 

Mr.  Speaker  &  Gentlemen, 

Upon  reading  the  Bill  to  appoint  a  convenient  place  for  holding  the 
County  Court  of  Duplin  in  this  House,  a  third  time,  we  find,  you  have 
(Med  our  amendments  with  regard  to  an  Alteration  made  by  us,  for  fix- 
ing the  Bounds  of  the  said  County. 

We  are  sorry  you  should  differ  from  us,  when  so  many  reasons  appear 
on  the  face  of  the  said  Amendments,  particularly  that  of  the  inconven- 
ience attending  the  County  Courts  at  Wilmington,  and  Musters.  We 
must  therefore,  if  you  approve  thereof,  desire  your  concurrence  to  our 
said  amendments,  and  to  appoint  two  of  your  Members  to  attend  our 
House,  to  see  the  same  made,  upon  which  we  shall  pass  the  said  Bill  a 
third  time. 

Mr.  Starkey  moved  for  leave  to  bring  in  a  Bill  to  confirm  the  four 
Lots  in  New  Bern  Town,  lately  conveyed  to  the  Commissioners  for  the 
Public  Buildings,  for  the  use  of  the  Public  for  ever. 

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


1290  COLONIAL   RECORDS. 


Mr.  Starfeey  brought  in  the  above-said  Bill,  which  he  read  in  his  place. 
Ordered,  That  the  same  pass,  and  be  sent  to  the  Council. 
Sent  the  above  Bill  to  the  Council  by  Mr.  Sampson  and  Mr.  M'Le- 
wean. 

The  House  adjourned  till  to  morrow  morning  nine  o'clock. 

Tuesday,  October  8*  1751.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  the  Council,  the  Bill  to  confirm  the  four  Lots  in  New- 
bern  Town.  Endorsed,  In  the  Upper  House,  read  the  first  time  and 
passed. 

Mr.  James  Calf  one  of  the  Members  for  Hide  County  appeared. 

Ordered,  That  the  following  Bills  be  read,  viz. 

The  Bill,  to  appoint  Commissioners,  to  receive,  collect  and  apply  Sub- 
scriptions towards  building  a  church  in  the  Town  of  Brunswick  &c. 

And  the  Bill,  to  confirm  the  four  Lots  in  New  Bern  Town,  lately 
conveyed  to  the  Commissioners  for  the  Public  Buildings,  be  read  the 
second  time.     Read  the  said  Bill  the  second  time,  &  passed  with  amend"". 

Ordered,  That  the  same  be  sent  to  the  Council. 

And  read  the  Bill  to  amend  an  Act,  intituled,  an  Act,  for  establishing 
the  Church,  for  appointing  Parishes,  and  the  method  of  electing  Ves- 
tries, and  for  directing  the  settlement  of  Parish  Accompts  &c.  the  third 
time. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  said  Bills  to  the  Council  by  Mr.  Starkey  and  Mr.  Carruthers. 

Sent  the  Council  their  message  of  yesterday,  regarding  the  Amend- 
ments in  the  Bill  to  appoint  a  convenient  Place  for  holding  the  County 
Court  of  Duplin  &c.     Endorsed,  Concurred  with. 

And  have  sent  Mr.  Starkey  and  Mr.  Carruthers  to  see  the  Amend- 
ments proposed,  inserted. 

Ordered,  That  the  Bill  to  amend  and  supply  the  defects  of  an  Act, 
intituled  an  Act  to  appoint  Commissioners  in  the  place  and  stead  of  those 
deceased,  to  finish  the  Church  at  Newbern,  be  read  the  second  time. 
Read  the  said  Bill  the  second  time,  &  amended  it. 

Ordered,  That  the  same  pass  with  the  said  amendments,  and  be  sent 
to  the  Council. 

Ordered,  That  the  Bill  to  invest  the  Property  of  a  Bridge  in  John 
Peacock  &c,  be  read  the  second  time.  Read  the  same  a  second  time,  and 
passed. 

Ordered,  That  the  Bill  to  impower  the  Court  of  Bladen  County,  to 
lay  out  certain  districts  in  the  Places  therein  mentioned  &c.  be  read  the 
second  time.     Read  the  said  Bill  the  second  time,  and  passed. 


COLONIAL  RECORDS.  1291 


Ordered,  That  the  above  three  Bills  be  sent  to  the  Council. 

Sent  the  above  Bills  to  the  Council  by  Mr.   D'Rosset  and  Mr.  Clark. 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill,  to  appoint  a  convenient  place  for  holding  the  County  Court 
of  Dnplin  &c.  Endorsed,  In  the  Upper  House,  read  the  third  time  & 
passed  with  amendm". 

Ordered,  That  the  same  be  sent  down  &  engrossed. 

The  Bill,  for  granting  to  his  Majesty,  a  duty  on  the  importation  of 
wine  and  rum,  into  Anson  County,  from  South  Carolina.  Endorsed,  In 
the  Upper  House,  read  the  third  time  and  passed. 

C^rdered,  That  the  same  be  sent  down  &  engrossed. 

And  the  Bill,  to  amend  an  Act,  intituled,  an  Act  for  establishing  the 
Church,  for  appointing  Parishes,  &c.  Endorsed,  In  the  Upper  House, 
read  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  down  and  engrossed. 

The  House  adjourned  till  3  o'clock  in  the  afternoon. 

P.  M.     The  House  met  according  to  Adjournment. 

Ordered,  That  the  Bill  for  regulating  the  Pilotage  at  Cape  Fear  River 
and  to  impower  the  Captain  of  Fort  Johnston,  at  the  mouth  of  the  said 
River,  to  examine  all  Vessells  &c.  be  read  the  second  time. 

Read  the  said  Bill  the  second  time  and  amended  the  same. 

Ordered,  That  the  said  Bill  pass  with  the  said  Amendments,  and  be 
sent  to  the  Council. 

Sent  the  saiH  Bill  to  the  Council  by  Mr.  D'Rosset  and  Mr.  Clark. 

Mr.  Starkey  acquainted  this  House,  that  Mr.  Edward  Jones,  one  of 
the  Members  for  Granville  County,  is  dead,  and  that  Mr.  John  Swann, 
late  one  of  the  Members  for  New  Hanover  County  is  appointed  and  quali- 
fied a  Member  of  his  Majesty's  Council. 

Therefore  moved  that  his  Excellency  be  addressed  to  direct  the  Clerk 
of  the  Crown  to  issue  writts  for  electing  Members  to  serve  in  this  present 
General  Assembly,  in  the  room  of  the  above  two  Gentlemen. 

Resolved,  That  his  Excellency  be  addressed  accordingly. 

Sent  the  following  address  to  his  Excellency,  viz. 

May  it  please  youk  Excellency, 

Mr.  John  Swann  late  one  of  the  Members  of  this  House  for  New 
Hanover  County  being  appointed  c^ie  of  the  Members  of  his  Majesty's 
honourable  Council,  and  qualified  accordingly :  And  Mr.  Edward  Jones, 
late  one  of  the  Members  of  this  House  for  Granville  County  is  dead, 

Therefore  this  House  desires  your  Excellency  would  be  pleased  to 
direct  the  Clerk  of  the  Crown  to  issue  writs,  for  electing  Members  to 


1292  COLONIAL  RECORDS. 


serve  in  this  present  General  Assembly  for  the  said  two  Counties,  in  the 
room  of  the  above  two  Gentlemen. 

By  Order.  S.  SWANN.  Speaker. 

Samuel  Swann  Esq'^  and  Mr.  .John  Starkey,  the  two  surviving  Com- 
missioners for  stamping  and  emitting  the  sum  of  twenty  one  thousand 
three  hundred  and  fifty  pounds  &c.  laid  before  the  House  their  Accompts 
of  the  emission  of  the  said  sum. 

Ordered,  That  the  same  be  referred  to  the  Committee  of  Public  Ac- 
compts for  examination,  and  that  they  report  the  same  to  the  House. 

Mr.  Starkey  acquainted  this  House,  that  the  Sheriffs  &c.  not  having 
paid  the  taxes  laid  by  Act  of  Assembly,  towards  erecting  the  Public 
Buildings  in  Newbern,  occasioned  a  want  of  money  to  carry  on  the  said 
Buildings,  and  that  he  had  directed,  that  the  said  Sheriffs  should  be 
severally  sued. 

Therefore  moved  for  directions  of  this  House,  as  to  his,  and  the  other 
Commissioner's  conduct  in  carrying  on  the  said  Buildings. 

Resolved,  That  the  Commissioners  for  erecting  the  said  Buildings  be 
directed  to  suspend  any  further  prosecution  in  carrying  on  the  said  Build- 
ing, until  the  next  Sessions  of  Assembly.   . 

Mr.  James  Calf  produced  a  certificate  from  Hide  County  Court, 
thereby  certifying  that  William  Denmark  is  very  much  afflicted  with 
sickness,  and  that  he  ought  to  be  exempt  from  doing  Public  Duties. 

Ordei-ed,  That  he  be  exempt  accordingly. 

The  House  adjourned  till  to  morrow  morning  9  o'clock: 

Wednesday  October  9*  1751.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  the  Council  the  following  Bills,  viz. 

The  Bill,  to  impower  the  Court  of  Bladen  County,  to  lay  out  certain 
Districts  in  the  Places  therein  mentioned  &c.  Endorsed,  In  tiie  Upper 
House,  read  the  second  time  and  passed. 

And  the  Bill,  to  confirm  four  Lots  in  Newbern,  lately  conveyed  to  the 
Commissioners  for  the  Public  Buildings  &c.  Endorsed,  In  the  Upper 
House,  read  the  second  time  &  passed  with  amendments. 

And  the  Bill,  to  amend  and  supply  the  defects  of  an  Act,  intituled, 
an  Act,  to  appoint  Commissioners  in  the  place  and  stead  of  those  de- 
ceased, to  compleat  and  finish  the  Church  in  Newbern  &c.  Endorsed, 
In  the  Upper  House,  read  the  second  time  &  passed  with  amendments. 

Ordered,  That  the  Bill,  for  an  additional  Act,  to  an  Act,  intituled.  An 
Act,  Feme  Coverts  how  to  pass  Lands,  be  read  the  third  time. 

Read  the  said  Bill  the  third  time,  and  amended  the  same. 


C()[X)N1AL  RI<X'()RI)8.  I29:{ 


Oi'dert'il  that  tlie  same  pass  and  he  sent  to  the  Council. 
Sent  tlie  same  to  the  C'limicil,  with  the  amendments,  i)v  Mr.  D'Ros.set 
and  Mr.  M'Lewean. 

Tlie  House  adjourned  til!  3  o'eloeic  in  tlie  afternoon. 

P.   M.     Tiic  House  met  aceording  to  Adjournment. 

(])rdered,  Tiiat  the  following  Bills  he  read  the  third  time,  viz: 

The  Bill  to  sup|)ly  the  defects  of  an  Aet,  to  appoint  Commissioners  in 
the  Place  and  Stead  of  those  deceased,  to  compleat  and  finish  the  Cliurcli 
in  Newbern,  and  amended  the  same. 

The  Bill  to  confirm  the  four  lots  in  Newbern,  lately  conveyed  to  the 
Commissioners  for  the  Public  Buildings,  for  the  use  of  the  Public  foi' 
ever,  &  amended  the  same. 

And  the  Bill  to  impower  the  Court  of  Bladen  County,  to  lay  out  cer- 
tain Districts  in  the  Places  therein  mentioned,  and  to  appoint  CV)mmis- 
sioners  of  the  roads  for  the  same. 

Read  the  said  Bill  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  to  the  Council. 

Sent  the  above  Bills  to  the  Council  by  Mr.  Houston  and  Mr.  Brice. 

Received  from  the  Council  the  Bill  for  regulating  the  Pilotage  at  Ca])e- 
Fear  River,  and  to  impower  the  Captain  of  Fort  Johnston,  at  the  mouth 
of  the  said  River,  to  examine  all  Vessells  &c.  Endorsed,  In  the  Upper 
House,  read  the  second  time  and  passed  with  amendments. 

And  the  Bill,  to  appoint  Commissioners  to  receive,  collect  and  apply 
subscriptions  towards  i^nilding  a  church  in  the  Town  of  Brunswick  etc. 
Endorsed,  In  the  Upper  House,  read  the  second  time  and  passed. 

Ordered  that  ti)e  above  two  Bills  be  read  a  third  time. 

Read  the  said  two  Bills  a  third  time  &  passed. 

Ordered,  That  the  said  two  Bills  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council  by  Mr.  Houston  and  Mr. 
Brice. 

The  House  adjourned  for  half  an  hour. 

The  House  met  according  to  Adjournment. 

Reported  by  Mr.  Lewis  D'Rosset,  Chairman  of  the  Committee  of 
Public  Accompts,  as  per  Books  (A)  to  which  the  House  agreed. 

Mr.  Dawson  observed  that  there  was  the  sum  of  thirty  pounds,  fifteen 
shillings.  Proclamation  Money  paid  into  the  Hands  of  the  Committee  of 
Accompts  for  the  old  Loan  Money,  and  the  sum  of  nine  thousand  nine 
hundred  and  seventy  pounds,  two  shillings  and  sixpence  old  Bills, 
exchanged  for  those  of  the  last  emission,  by  the  Commissioners  for  stamp- 
ing and  emitting  the  sum  of  twenty  one  thousand  three  hundred  and  fifty 
pounds  Public  Bills  of  this  Province,  A'c.  and  also  the  sum  of  five  hun- 


1294  COLONIAL  RECORDS. 


(Ired  and  twenty  seven  pounds,  fourteen  shillings,  and  four  pence.  Proc- 
lamation money,  on  the  sinking  Fund. 

Therefore  moved,  that  the  said  several  sums  he  burnt,  and  that  a  mes- 
sage be  sent  to  the  Council  to  desire  they  will  appoint  two  or  more  of 
the  Members  of  their  House  to  be  present  at  the  burning  of  the  same. 

Resolved,  That  a  message  be  sent  to  the  Council,  pursuant  to  tiic  aiiove 
motion. 

Sent  the  following  message  to  the  Council,  viz. 

Gentlemen  op  his  Ma.i""  hon''''  Council, 

There  appears  to  be  paid  unto  the  Committee  of  Accompts,  the  sum 
of  thirty  pounds,  fifteen  shillings,  Proclamation  money,  on  Account  of 
the  old  Loan  money;  and  also,  nine  thousand,  nine  hundred  and  seventy 
pounds,  two  shillings  and  six  pence,  old  Bills,  which  were  exchanged  for 
those  of  the  new  Emission;  and  also  the  sum  of  five  hundred  and  twenty 
seven  pounds,  fourteen  shillings  and  four  pence.  Proclamation  money, 
on  the  sinking  fund,  which  we  intend  to  examine  and  burn  to  morrow 
at  eleven  of  the  clock  in  the  Forenoon,  and  desire  you  will  appoint  some 
of  the  Members  of  your  House,  to  see  the  same  done,  if  you  think 
proper.  We  also  send  you  herewith,  the  report  of  the  Committee  of 
Accompts,  and  have  made  some  alterations  therein,  to  which  we  desire 
your  Concurrence. 

Received  the  following  Bills  from  the  Council,  viz. 

The  Bill,  for  an  additional  Act,  to  an  Act,  intituled.  An  Act,  Feme 
Coverts,  how  to  pass  Land. 

The  Bill,  to  impower  the  Court  of  Bladen  County,  to  lay  out  certain 
Districts  in  the  Places  therein  mentioned  &c.  And 

The  Bill,  to  appoint  Commissioners  to  receive,  collect,  and  apply,  sub- 
scriptions towards  building  a  Church  in  Brunswick  &c.  Endorsed,  In 
the  Upper  House,  read  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  down  &  engrossed. 

The  House  adjourned  till  to  morrow  morning  nine  o'clock. 

Thursday  October  10"'  175L  The  House  met  according  to  Adjourn- 
raent. 

Mr.  Thomas  Lovick,  Chairman  of  the  Committee  of  Claims,  reported 
that  the  Coumiittee  had  allowed  several  Claims,  to  sundry  Persons,  and 
submitted  the  same  to  the  House. 

After  making  some  alterations  therein,  the  House  concurr'd  thereto. 

Ordered,  That  the  same  be  sent  to  the  Council,  for  their  Concurrence. 

Received  from  the  Council  the  following  Bills,  viz. 


COLONIAL  RECORDS.  1295 


The  Bill  to  amend  and  supply  the  defects  of  an  Act,  to  appoint  Com- 
missioners in  the  place  &  stead  of  those  deceased,  to  compleat  and  finish 
the  church  in  Newbern. 

The  Bill,  for  regulating  tiie  Pilotage  at  Cape  Fear  River,  and  to  im- 
power  the  Captain  of  Fort  Johnston  at  the  mouth  of  the  said  river,  to 
examine  all  Vessells  &c 

The  Bill,  tt>  confirm  the  four  Lots  in  Newbern,  lately  conveyed  to  the 
Commissioners  for  the  Buildings,  for  the  use  of  the  Public  for  ever. 

Endorsed,  In  the  Upper  House,  read  the  third  time,  and  passed. 

Ordered,  That  the  same  be  sent  down  &  engrossed. 

And  the  Bill  to  invest  the  property  of  a  Bridge  in  John  Peacock,  &c. 
Endorsed,  In  the  LTpper  House,  read  the  second  time  and  passed. 

Ordered,  That  the  Bill  to  invest  the  Property  of  a  Bridge  in  John 
Peacock  and  his  heirs  &c,  be  read  the  third  time. 

Read  the  said  Bill  the  third  time  and  passed. 

Ordered,  That  the  same  be  sent  to  the  Council. 
•  Sent  the  said  Bill  to  the  Council. 

Sent  the  Report  of  the  Committee  of  Claims  to  the  Council  for  their 
Concurrence,  and  also  the  following  Message,  viz. 

Gentlemen  of  his  ma.testy's  hon"'  Council, 

We  herewith  send  you   the   report  of  the   Committee  of  Claims,  and 
have  made  several    alterations   and  additions  therein,  to  which  report, 
alterations  and  additions,  desire  your  Honours  Concurrence,  &  that  you'll 
send  the  same  back,  that  the  Clerk  may  make  an  estimate  therefrom. 
By  Order.  S.  SWANN.  Speaker. 

Received  from  the  Council  the  following  Message,  viz. 

Mr.  Speaker,  and  Gentlemen, 

In  answer  to  your  Message  by  Mr.  Bartram  and  Mr.  Clark,  about 
burning  the  Bills  therein  mentioned,  we  have  appointed  the  honourable 
James  Murray  and  Francis  Corbin  Esq"  Members  of  this  House,  to 
examine  the  said  Bills,  and  to  see  the  same  burnt,  as  to  the  Paper  yon 
have  sent  up,  and  are  pleased  to  call  a  Report  of  the  Committee  of  Ac- 
compts,  it  does  not  appear  to  us  to  be  a  proper  Report  of  that  Commit- 
tee, as  the  Members  of  this  House,  Appointed  by  us  of  that  Committee, 
have  not  signed  the  same;  we  must  therefore  desire  your  Concurrence 
in  ordering  the  several  Accomptants,  to  lay  their  Accompts  before  our 
Committee  for  their  Report,  before  we  can  concur  with  you. 

Ordered,  That  the  following  Message  be  sent  to  the  Council,  viz. 


f 


1296  COLONIAL  RECORDS. 


Gentlemen  of  his  Maj"°"  hon*"'"  Council, 

We  are  much  surprized  that  you  should  iu  your  Message  of  this  day, 
make  an  Objection  to  the  Report  of  the  Committee  of  Public  Accompts, 
because  your  Members  had  not  signed  it;*  which  not  being  done  by  them, 
after  the  Committee  had  gone  tiiro'  an  examinatian  of  the  said  Accompts, 
in  which  the  Members  appointed  by  your  House  assisted,  and  had  drawn 
up  the  said  Report,  the  said  Committee  imagined  your  said  Members  did 
not  think  it  necessary  to  put  their  names  to  the  said  Report,  as  they  did 
neither  refuse  nor  agree  so  to  do;  but  as  we  are  informed  that  our  Com- 
mittee were  satisfied  with  the  Justice  &  regularity  of  the  said  Accompts 
so  to  be  reported  ;  nevertheless  to  take  away  all  cause  of  difference  be- 
tween the  two  Houses  of  Assembly,  we  have  ordered  the  Accomptants  to 
lay  their  Accompts  before  any  Committee  you  shall  appoint  for  that  pur- 
pose, and  will  not  now  examine  the  regularity  of  such  a  proceeding. 
By  Order.  S.  SW  ANN.  Speaker. 

Sent  by  Mr.  M'Lewean  and  Mr.  Clark. 

The  House  adjourned  for  half  an  hour. 

The  House  met  according  to  Adjournment. 

Mr.  Starkey  moved,  that  his  Excellency  the  Govertioi*  be  allowed  the 
sum  of  one  hundred  pounds,  Proclamation  Money,  for  Expresses  and 
other  incident  charges  of  Government  to  this  time;  and  that  the  Claims 
now  allowed,  and  the  estimates  of  the  expenses  of  this  Session  of  As- 
sembly, be  paid  out  of  the  money  now  remaining  in  the  Public  Treasury. 

Resolved,  That  this  House  do  allow  the  said  one  hundred  pounds  to 
his  Excellency,  for  the  purposes  above  said,  and  that  a  message  be  sent 
to  the  Councill  for  their  Concurrence. 

Sent  the  following  Message  to  the  Council,  viz. 

Gentlemen  of  his  Maj"""  hon"'  Council, 

This  House,  have  resolved,  that  one  hundred  pounds.  Proclamation 
Money,  be  paid  to  his  Excellency  the  Governor,  for  Expresses  and  inci- 
dent Charges  of  Government  to  this  time,  and  tiiat  the  same,  together 
with  the  Claims  now  allowed,  and  the  estimates  of  the  expences  due  to 
the  Members  of  both  Houses,  and  the  Officers  thereof,  this  Session  of 
Assembly,  be' paid  by  the  Treasurer  out  of  the  Monies  now  remaining 
in  the  Public  Treasury,  &  desire  your  Honours  concurrence  thereto. 
By  Order.  S.  SWANN.  Speaker. 

Sent  by  Mr.  Houston  &  Mr.  Kearney. 

Received  the  following  Bill  from  the  Council,  viz. 


COLONIAL  RECORDS.  12'J7 


The  Bill,  to  invest  the  Property  of  a  Bridge  in  John  Peacock  and  hi.s 
Heirs,  &c.  by  him  already  built  over  Contentney  Creek,  in  Johnston 
Connty  &c.  Endorsed,  In  tlie  Upper  House,  read  the  third  time,  and 
passed. 

Ordered,  That  the  same  be  sent  down  &  engrossed. 

The  House  adjourned  for  half  an  liour. 

The  House  met  according  to  Adjournment. 

Received  from  the  Council  the  following  Message,  viz. 

Mr.  Speaker,  and  Gentlemen, 

In  answer  to  your  Message  relating  to  the  Claims,  we  must  observe, 
that  as  no  Notice  was  given  to  our  Members,  that  they  might  meet  yours 
on  the  Claims  which  you  have  now  sent,  so  they  could  not  sign  the  same  ; 
and  as  we  think  it  no  proper  Report,  we  therefore  request  yon  will  order 
all  the  Vouchers  relating  to  the  said  Claims,  to  belaid  before  such  Mem- 
bers as  we  appointed  to  meet  yours,  that  a  proper  Report  may  be  made 
for  the  Concurrence  of  this  House. 

Sent  the  following  Message  to  tiie  Council,  viz. 

Gentlemen  of  his  Ma.i""''  hon'''"  Coun'cil, 

In  answer  to  your  Message  relating  to  your  Members  not  having  No- 
tice given  them  to  meet  the  Committee  of  this  House  on  the  Pnblic 
Claims,  the  said  Committee  informs  tiiis  House,  that  Notice  was  given 
to  the  Members  appointed  by  you,  to  join  the  said  Committee,  and  that 
at  times  they  attended  the  said  Comtnittee.  As  to  your  Members  not 
signing  the  Report,  the  same  hath  often  happened  and  no  exceptions 
taken  thereto.  We  observed  in  our  last  Message,  we  would  avoid  ever_v 
trifling  occasion  of  quarrelling  with  your  House,  we  have  therefore 
ordered  the  Clerk  of  the  Committee  of  Claims,  to  lay  the  several 
Vouchers  of  the  same,  which  have  been  reported  by  them,  and  allowed 
by  this  House,  before  such  of  your  Members  as  you  shall  appoint. 

By  Order.  s!  SWANN,  Speaker. 

Sent  by  Mr.  Houston  and  Mr.  Dawson. 

The  House  adjourned  for  half  an  iiour. 

The  House  met  according  to  Adjournment. 

The  House  adjourned  till  to  morrow  morning  9  t)'clock. 

Friday  October  ll""  1751.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  the  Council  the  reports  of  the  Committees  of  Accompts 
and  Claims,  and  also  the  resolve  of  Yesterday;  wliich  were  sent  from 
Vol.  4—121 


1298  COLONIAL  RECORDS. 


this  House    for   their  Concurrence.     Endorsed.  In  the  Upper  House, 
read  and  concurred  with.  MAT.  ROWAN,   P.  C. 

And  also  received  from  the  Council,  the  Estimate  of  the  Wages, 
expenses,  and  ferriages  of  the  Council,  for  the  Concurrence  of  this 
House,  which  this  House  sent  back.  Endorsed,  Concurred  with. 

The  House  adjourned  till  to  morrow  morning  S  o'clock. 

Saturday  October  12""  1761.  Tlie  House  met  according  to  Adjourn- 
ment. 

Mr.  Sampson  moved,  That  as  the  surviving  Commissioners  for  the 
stamping  and  emitting  the  sum  of  £21350.  Public  Bills  of  Credit,  at 
the  rate  of  Proclamation  money  have  rendered  their  Accorapts  of  the 
said  Emission  to  the  satisfaction  of  this  House,  the  Bills  remaining  in 
the  chest  after  the  end  of  Session,  may  be  lodged  in  the  hands  of  the 
Public  Treasurers  of  the  Southern  district,  and  the  said  Commissioners 
be  discharged  from  the  same. 

Resolved,  That  the  said  Commissioners  have  made  up  their  Ac- 
compts  to  the  satisfaction  of  this  House,  and  th-at  the  Bills  remaining  in 
the  chest,  after  the  payment  of  the  estimate  of  the  Claims,  &  expence  of 
the  Asseuibly  allowed  at  this  Session,  be  lodged  in  the  hands  of  the 
Public  Treasurer  of  the  Southern  District,  and' that  the  said  Commis- 
sioners be  discharged  of  the  same;  and  further,  that  on  the  exchanging 
and  payments  out  of  the  said  Surplus,  the  said  Treasurer  be  allowed 
one  per  Cent,  and  no  more. 

Resolved,  That  a  Message  agreable  to  tiie  above  resolve,  be  sent  to 
the  Council  for  their  Concurrence. 

Sent  the  following  Message  to  the  Council,  viz. 

Gentlemen  of  his  Maj"""  hon""  Council, 

As  the  surviving  Commissioners  for  staniping  and  emitting  the  sum 
of  £21350.  Public  Bills  of  Credit  of  this  Province,  at  the  rate  of  Proc- 
lamation money,  have  made  up  their  Accompts  of  the  emission  of  the 
said  Bills,  to  the  satisfaction  of  this  House,  which  Accorapt  hath  also 
been  concurred  with,  by  you. 

This  House  have  therefore  resolved,  That  the  Bills  remaining  of  the 
said  emission  in  the  Chest,  after  payment  of  the  said  estimate  of  the 
Claims  and  expense  of  the  Assembly  allowed  at  this  Session,  be  deliv- 
ered into  the  hands  of  the  Public  Treasurer  of  the  Southern  District, 
and  that  the  said  Commissioners  be  discharged  of  the  same;  and  fur- 
ther, that  on  the  exchanging  and  payment  out  of  the  said  Bills,  to  be 
delivered  him  as  aforesaid,  he  be  allowed  one  per  cent,  and  no  more. 
By  Order.  S.  SWANN,  Speaker. 


COLOiVlAL  RECORD^?.  12<jy 


Resolved,  That  the  siiin  of  JC-il  17'  3''  Proclamation  iiicmk y  which 
was  paid  into  this  House  by  the  Chaiin)an  of  the  Committee  of  Public 
Accorapts,  and  by  them  received  on  Account  of  Powder  money,  and 
other  old  debts  as  by  tlieir  Report,  be  paid  to  the  Public  Treasurer  of 
the  Southern  District. 

The  same  is  accortiinii'ly  paid  to  liim,  and  by  him  received  before  tiie 
House. 

Received  the  above  Message  from  the  Council.  Endoi'sed,  In  the 
Upper  House,  read  and  concurred  with, 

MAT.  ROWAN.  P.  C. 

His  Excellency  the  Governor  sent  a  Message  to  this  House,  command- 
ing their  immediate  attendance  in  the  Council  Chamber,  with  what  Bills 
are  engi-ossed. 

Mr.  Speaker  and  the  House  waited  on  his  Excellency  the(Tovenior  in 
the  Council  Chaml)er,  and  Mr.  Speaker  i)resented  to  his  Excellency  the 
following  Bills,  viz.  * 

The  Bill,  to  alter  the  Times  for  holding  the  Courts  for  the  County  of 
Craven. 

The  Bill,  for  impowering  the  Justices  of  Johnston  County  to  divide 
the  same  into  Districts.  &c. 

The  Bill,  to  revive  an  Act,  intituled.  An  Act,  to  appoint  an  Agent  to 
soUicit  the  aifairs  of  this  Province,  at  the  several  Boards  in  England. 

The  Bill,  for  appointing  Inspectors  in  New  Hanover  County,  and  for 
regulating  the  Exports  of  Cape  Fear. 

The  Bill,  for  an  additional  Act,  to  an  Act,  to  appoint  Public  Treasu- 
rers. 

The  Bill,  for  building  a  church  at  Wilmington,  in  New  Hanover 
County  &c. 

The  Bill,  for  appointing  a  Place  Tor  holding  the  Court  for  the  County 
of  Duplin. 

The  Bill,  for  granting  to  his  Majesty,  a  tluty  on  the  exportation  of 
wine  and  rum  into  Anson  County  from  South  Carolina. 

The  Bill,  to  amend  an  Act,  intituled,  an  Act  to  establish  the  Church 
&c. 

The  Bill,  for  an  additional  Act  to  an  Act,  intituled,  an  Act  Feme 
coverts  how  to  pass  land. 

The  Bill,  to  impower  the  Justices  of  Bladen  County,  to  lay  out  certain 
Districts  in  the  Places  therein  mentioned  &c. 

The  Bill,  to  appoint  Commissioners  to  receive,  collect,  and  apply  sub- 
scriptions towards  building  a  Chnrch  in  Brunswick  &c. 


1300  COLONIAL  RECORDS. 


The  Bill,  to  amend  and  supply  tlie  defects  of  an  Act,  to  appoint  Com- 
missioners in  the  place  and  stead  of  those  deceased,  to  compleat  and  finish 
the  Cluirch  in  Newbern. 

The  Bill,  for  regulating  the  Pilotage  of  Cape  Fear  river,  and  to  inipower 
the  Captain  of  Fort  Johnston,  at  the  mouth  of  the  said  river,  to  exam- 
ine all  Vessells  &c. 

The  Bill,  to  eonfirm  the  four  lots  in  Newbern,  to  the  Commissioners 
for  the  Public  Buildings,  for  the  use  of  the  Public  for  ever. 

The  Bill,  to  invest  the  property  of  a  bridge  in  John  Peacock,  his  heirs 
&c.  by  him  already  built  over  Contentney  Creek  in  Johnston  County, 
for  the  term  of  twenty  five  years. 

To  all  which  Bills  his  Excellency  was  pleased  to  assent.  And  then 
prorogued  this  Assembly,  to  the  Second  Tuesday  in  February  next,  to  be 
then  held  at  Newbern. 

Mr.  Speaker  with  the  House  returned  &  pronounced  the  Prorogation 
accordina-lv. 


1752. 

[B.  P.  R.  O.  North  Carolina.  Am:  A  \V.  Ind:  No.  593.  Vol.  66.] 

THE  SPANISH  WRECKS. 

A  Narrative  of  the  Proceedings  in  Nortii  Carolina  in  America  relating 
to  tiie  Spanish  Wrecks  in  the  year  1760. 

On  or  about  the  3"'  September  1750.  a  Spanish  Ship  called  Nuestra 
Sen'*  de  Guadalupe  of  the  Burthen  of  about  500  Tons  whereof  Don 
Juan  Manuel  de  Bonilla  was  Commander  and  Supercargoe,  was  by  dis- 
tre.ss  of  extreme  l)ad  weather  in  a  most  shattered  and  dangerous  condi- 
tion forced  into  Ocacock  River  in  the  .said  Province  Two  of  her  Consorts 
having  been  just  before  drove  on  the  neighbouring  Coast,  and  in  spite 
of  all  the  assi-stance  which  cojild  be  sent  to  them  by  tiie  Civil  Magistrate 
plundered  by  the  Bankers:  being  a  peojile  so  called  from  their  iniiabit- 
ing  near  the  banks  of  the  sea  shoar. 

The  Governour  thus  experiencing  the  Weakness  of  Civil  Power,  in 
having  vainly  endeavoured  to  enforce  the  necessary  orders  and  directions 
for  their  assistance;  and  being  informed  of  a  Villanious  Confederacy 
whitrh  the  said  Bankers  jvere  entring  into  to  plunder  the  abovementioned 
ship,  was  obliged  to  have  recourse  to  Stratagem  and  Policy,  For  having 
no  regular  Troops  and  the  Militia  In'ing  chiefly  composed  of  those  very 


COLONIAL  RECORDS.  1301 


people,  It  would  have  been  absurd  and  fruitless  to  have  summoned  them 
to  his  assistance. 

From  the  said  S""  September  to  the  beginning  of  October  the  Sjianish 
Captain  had  neither  waited  on,  wrote  to,  or  otherwise  applied  himself 
to  the  Governou)'  concerning  his  Intentions  or  the  desperate  condition  of 
his  Ship,  and  the  danger  still  increasing  For  the  Bankers  considering  the 
number  of  Men  on  Board  the  Spanish  Ship  had  used  all  means  to 
strengthen  themselves;  and  had  even  drawn  into  their  party  great  Num- 
bers under  a  Persuasion  that  such  their  Attempt  would  be  even  founded 
on  Justice  and  well  warranted  by  the  great  losses  and  injuries  which 
their  Country  had  then  lately  received  from  the  two  Spanish  Privateers; 
which  six  weeks  after  the  time  limited  for  cessation  of  Hostilities  in 
America  had  sailed  up  Cape  Fear  River  in  the  said  Province,  firing  upon 
the  Plantations,  landing  their  Men,  destroying  houses  Goods  and  taking 
away  Negroes  to  a  very  great  value,  an  authenticated  representation  and 
estimation  whereof  has  been  long  since  transmitted  to  the  Spanish  Court 
and  is  still  depending  for  Reparation. 

This  being  the  state  of  affairs  the  Governour  dispatched  a  Member  of 
his  Majesty's  Hon*"'"  Council  in  the  said  Province  to  Captain  Bonilla  to 
inform  hinj  of  the  danger  and  to  offer  him  assistance.  At  the  same  time 
giving  private  Instructions  to  the  said  Counsellor  in  order  to  counterplot 
the  Bankers.  And  it  being  necessary  to  get  the  most  certain  particular 
Intelligence  of  their  Designs  he  was  instructed  by  promises  bribes  or 
otherwise  to  bring  over  some  principal  person  in  Confederacy  and  to  take 
the  necessary  measures  for  protracting  by  false  suggestions  or  by  other 
methods  that  might  occur  the  Execution  of  their  wicked  design  Hoping 
so  to  amuse  and  delay  them  from  time  to  time  'till  his  Majesty's  Ship  of 
War  appointed  for  that  Station  which  had  been  secretly  sent  for  by 
various  expresses  into  South  Carolina  should  arrive. 

But  this  was  not  the  only  danger  that  threatened  the  Spaniards  for  not 
having  njade  any  Report  to,  or  taken  the  least  Notice  of  any  one  Officer 
in  the  Province,  and  the  said  Spaniards  having  contrary  to  all  Treaties 
and  Usuages  and  without  any  permission  whatever  broke  Bulk  and 
twice  unladen  and  as  often  reladen  the  said  Ship  and  occasionally  trading 
with  other  vessels  that  passed  backward  and  forward  had  subjected  the 
said  Ship  and  Cargo  to  seizure;  and  this  being  reported  to  the  Officers 
of  the  Customs  they  resolved  to  seize  her  accordingly,  and  for  that  pur- 
pose applied  themselves  to  the  Governour  for  his  countenance  and  per- 
mission, which  the  said  Governour  not  only  refused  but  endeavoured  to 
dissuade  them  from  Representing,  that  such  an  Act  might  probably 
prove  the  means  of  obstructing  a  good  understanding  at  that  time  form- 


1302  COLONIAL  RECORDS. 


ing  itself  between  the  two  Nations,  and  perliaps  turn  out  to  be  contrary 
to  the  Treaties  which  were  then  negociating  between  them.  Which  was  a 
Part  so  much  the  more  generous  in  the  Governour  to  act  as  by  having 
remained  only  passive  in  the  affair  he  would  have  been  intituled  to  one 
full  Third  of  the  Condemnation. 

But  these  Remonstrances  did  not  satisfy  those  Officers,  For  being  thus 
disappointed  from  the  Governour  they  applied  to  tlie  Surveyor  General 
of  the  Customs  at  that  time  in  Virginia.  And  having  re|)orted  to  him 
the  proceedings  of  the  Spaniards  He  readily  approved  their  design  and 
gave  them  instructions  accordingly  to  seize  the  ship  which  the  said  Gov- 
ernour informing  himself  of,  did,  to  be  beforehand  with  them,  take  her 
into  his  own  Custody  and  Protection ;  and  the  Man  of  War  soon  afler 
arriving  their  design  was  by  these  means  defeated.  Notwithstanding 
which,  they  had  afterwards  the  Resolution  to  go  on  board  and  even  to 
take  a  formal  Possession  of  lier  in  the  Name  of  Seizure,  tlio  to  no  pur- 
pose, as  it  fortunately  proved. 

Cap'  Bonilla  being  sensible  of  and  probably  in  gratitude  for  the  good 
offices  of  the  Governor  and  of  the  extraordinary  trouble  and  great 
expences  which  he  had  been  put  to  in  the  preserving  the  said  Ship  and 
Cargo  did  by  a  certain  writing  dated  2,3"'  Oct:  1750.  dictated  by  himself 
through diis  Interpreter  and  in  every  legal  respect  duely  executed  promise 
and  engage  himself  to  pay  to  the  Governour  Commissions  on  the  said 
Effects  so  protected  and  preserved  by  his  Excellency  as  aforesaid.  And 
being  also  at  that  time  in  great  danger  from  the  sedition  and  mutiny  of 
his  Men  and  his  said  Ship  being  in  no  condition  to  putt  to  sea,  did,  by 
the  said  writing  petition  his  Excellency  to  direct  his  Majesty's  said  Ship 
of  War  to  transport  the  said  Cargo  to  Ein'ope,  for  which  the  said  Bonilla 
did  promise  to  pay  to  the  Captain  thereof  the  usual  alid  accustomed 
Freight  in  like  Cases.  And  to  which  the  said  Governor  in  regard  of  their 
perilous,  unhappy  situation  and  to  give  them  a  further  and  more  mani- 
fest Proof  of  his  disposition  to  assist  and  releive  them  by  all  means  in 
his  power  did  con.sent :  and  immediately  give  the  necessary  orders  and 
directions  for  that  Purpose — 

And  with  respect  to  the  adjustment  of  the  said  Commissions  so  prom- 
ised by  the  said  Cap'  Bonilla  to  be  paid  to  the  Governor  as  aforesaid — 
The  same  were  settled  and  adjusted  in  Concert  with  the  said  Bonilla 
himself,  and  did  by  his  own  calculation  amount  to  ll,444i  pieces  of 
Eight  at  4J  ^  cent  exclusive  of  the  said  freight  And  which  said  sum 
was  so  far  from  being  secretly  or  by  force  taken  as  has  been  unfairly  and 
untruely  suggested  that  it  was  by  Cap'  Bonilla's  consent  in  the  presence 
of  his  own  Scrivan,  sent  on    board  the  Man  of  War  for  that  purpose. 


COLONIAL  RECORDS.  1303 


deducted  and  paid  to  the  Governor's  use  as  aforesaid.  And  which  was  so 
acknowledged  by  the  Governor  himself  in  a  written  Representation 
thereof  to  the  Spanisii  Court  signed  by  iiis  Excellency  and  given  under 
the  broad  Seal  of  that  Province,  and  by  me  delivered  into  the  hand  of 
the  said  Spanish  Scrivan  to  be  by  him  transmitted  thereto. 

And  as  to  the  particular  application  of  the  said  Commissions  The 
Governor  is  so  far  from  possessing  the  full  value  thereof  that  he  has  not 
retained  to  himself  above  5500  Dollars  as  a  Gratification  for  those  his 
generous,  important,  good  Offices  above  mentioned.  But  the  remainder 
to  my  Belief  was  applied  first  to  the  payment  of  all  real  charges  and 
Expences  incurred  in  the  said  services  and  afterwards  to  the  satisfying  of 
such  persons  as  had  been  instrumental  with  the  Governor  in  preserving 
the  said  Ship  and  Effects  as  afores''.  And  this  was  absolutely  necessary 
to  be  done  as  the  said  Governor  had  made  himself  liable  to  the  legal 
demands  of  such  persons  for  the  same  having  previously  engaged  him- 
self in  writing  not  only  to  reimburse  them  all  charges  and  expences,  but 
to  gratify  them  for  their  Services  in  the  premises. 

It  must  therefore  be  owing  to  misinformation  or  misapprehension  of 
the  true  state  of  this  case  that  a  Reclaim  of  the  said  Commissions  is  now 
made.  For  it  would  be  immeasurably  hard  upon  the  Governor  to  refund 
his  own  trifling  Gratification  for  such  considerable  important  services 
done.  And  much  more  so,  if  possible,  to  be  obliged  to  make  good,  out  of 
his  own  pocket  the  remainder  actually  disbursed  in  the  service  and  for 
the  benefit  of  those  who  reclaim  it,  and  without  which  no  one  would 
have  concerned  himself  in  the  affair,  or  have  ventured  to  put  himself  to 
much  Trouble  and  some  Expeuce  with  the  prospect  only  of  having  his 
own  labour  for  his  Pains.  And  I  will  venture  to  add,  that  in  this  mat- 
ter the  unfortunate  Spaniards  met  with  that  protection  and  assistance 
thro  the  generous  Interposition  of  the  Governor  and  some  few  active 
Gentlemen  in  North  Carolina  which  they  could  not  reasonably  have 
expected  to  find  in  a  Country  so  composed  as  it  chiefly  is  of  a  set  of  in- 
digent desperate  Outlaws  or  Vagabonds  And  which  perhaps  are  equal  to 
any  acts  of  Humanity  and  Generosity  that  in  like  cases  were  ever  exer- 
cised towards  Strangers  or  even  Countrymen,  in  the  most  orderly  and 
civilized  Governments. 

The  above  is  a  fair,  just  and  true  Relation  of  the  Proceedings  in  North 
Carolina  relating  to  the  said  Ship  Nuestra  Sen"'"  de  Guadalupe  in  partic- 
idar,  and  can  be  proved  by  various  Attestations  by  Gentlemen  of  unex- 
ceptionable Characters.  THO :  CHILD. 

His  Majesty's  Attorney  Gen'  of  N°  Car : 

Westminister  25'"  Feb'''  1752. 


1304  COLONIAL  RECORDS. 


Paragraph  of  Governour  Johnstons  letter  of  Sep"  18*  to  Mr.  Aber- 

croinby  Agent  for  North  Carolina  relating  to  the  Spanish  Flota  cast 

away  on  the  Coast  of  North  Carolina.  (1750) 

I  send  yon  by  this  Conveyance  a  Duplicate  of  the  Account  I  have  sent 
to  the  Duke  of  Bedford  of  the  loss  of  the  Spanish  ships  on  this  Coast 
last  August  you  may  further  inform  his  Grace  that  the  Captain  of  the 
Ship  at  Ocacock  has  purchased  a  new  ship  built  in  this  Province  of  150 
Tons  Burthen  of  one  Captain  Darling  for  1000  Pistoles  But  whether  he 
intends  to  put  his  Cargo  on  Board  this  new  ship  or  to  reship  it  on  the 
old  one  which  has  only  lost  her  masts  and  rudder  or  whether  he  will 
divide  his  Cargo  between  them  I  have  not  yet  learned.  The  old  ship  is 
at  anchor  within  the  Bar  and  the  Cargo  safely  housed  on  the  Island  of 
Ocacock  under  a  guard  of  their  own  People.  I  have  had  some  of  our 
Custom  House  Officers  with  me  who  desired  leave  to  seize  the  ship  and 
cargo  because  she  had  most  openly  infringed  the  Laws  of  Trade  because 
she  has  not  only  brought  ashore  her  Cargo  without  a  permit  from  any 
Officer  but  has  likewise  trafficked  with  a  good  deal  of  it  and  for  Things 
that  are  not  necessarys.  All  this  I  knew  to  be  certainly  true  as  well  as 
they  but  as  I  knew  the  cargo  of  the  Spanish  Flota  belongs  in  a  great 
part  to  his  Majesty's  Trading  subjects  and  the  French  and  Dutch  I  told 
them  not  to  presume  to  meddle  with  it  but  to  suffer  them  to  take  their 
own  Way  to  save  and  carry  home  their  Cargo.  That  if  they  (the  Span- 
iards) applyed  to  me  either  for  Protection  or  assistance  I  should  be  ready 
to  grant  it  to  them,  but  until  they  did  I  should  take  no  manner  of  Notice 
of  them.  They  have  been  now  on  shore  a  whole  month  without  making 
any  application  I  dont  know  how  my  Behaviour  may  be  judged  of  at 
home  But  I  believe  I  may  safely  affirm  that  every  Governor  who  is 
£12000  in  arrear  in  his  Salary  would  not  have  behaved  so  abstemiously 
when  the  Laws  of  Trade  would  have  justified  his  seizure 

Sep'"'  20.  P.  S.  I  have  just  now  received  advice  that  your  old  friend 
Tom  Wright  of  Charlestown  is  among  the  Spaniards  at  Ocacock  incognito 
That  he  is  their  great  Oracle  and  that  it  is  he  who  advises  them  not  to 
take  any  notice  of  this  Government  But  has  advised  them  to  carry  their 
cargo  on  different  Bottoms  to  Charlestown  wliere  I  dont  doubt  you  will 
hear  of  a  tine  scene. 


An  Account  of  five  Ships  of  the  Spanish  Flota  put  on  Shore  on  the 
Coast  of  North  Carolina  by  the  great  storm  August  18*  1750. 
One  at  Currituck  Inlett  stove  to  pieces  the  Crew  and  passengers  saved, 

went  to  Norfolk  in  Virginia  without  stopping  in  Carolina. 


COLONIAL  RECORDS.  1305 


One  at  Cape  Hatteras  sunk  in  14  foot  water  the  name  of  tlie  Ship  its 
Dimensions  and  Loading  unknown. 

A  Dutch  built  Ship  at-Ocacock  lost  its  Rudder  and  had  its  Mast  broke 
short,  all  its  Crew  safe,  her  Cargo  400:000  pieces  of  Eight,  besides  a 
great  Quantity  of  Cochineal  and  Hides. 

At  Drum  Inlett  a  Ship  which  lost  its  Riggin  and  Masts,  Neustra 
Signora  Desoledad,  the  Cargo  reckoned  worth  32.000  pieces  of  Eight 
besides  the  Ship.  The  Officers  and  Men  who  came  ashore,  have  taken  a 
passage  for  themselves  and  cargo  to  New  England  from  whence  they 
design  to  proceed  to  Cadiz. 

Near  Topsail  Inlet  a  Vessel  named  El  Salvador  or  El  Henrico  was 
stove  to  pieces  and  is  now  covered  with  7  or  8  feet  sand,  four  of  her 
Crew  only  saved  her  Loading  240:000  pieces  of  Eight  Registered  besides 
what  is  on  private  Account,  besides  a  large  Quantity  of  Cocoa  Cochineal 
and  some  Balsom. 

Tills  is  the  Account  given  to  the  Governor  of  North  Carolina  by  Don 
Joseph  De  Respral  Deza,  part  owner  and  Super  Cargoe  of  the  Neustra 
Signiora  de  Solidad  who  at  the  same  time  complained  to  the  Governor  of 
the  Master  and  Crew  of  a  Bermudas  Sloop  who  had  taken  possession  of 
the  sails  and  part  of  the  rigging  which  had  come  on  shore  from  the 
Wreck  of  the  El  Salvador  and  the  said  Super  Cargo  verily  believes  has 
got  possession  of  some  Chests  of  Money,  upon  which  the  Governor 
Immediately  Issued  his  Order  for  the  apprehending  the  said  Master  & 
Crew  and  Securing  their  Sloop. 

The  Ship  at  Ocacock  has  unloaded  her  Treasure  &  Cargo  on  Ocacock 
Island,  several  little  Vessels  have  gone  down  to  Barter  with  them  for 
provisions.  They  have  not  as  yet  met  with  any  Molestation,  nor  made 
any  application  to  the  Governor.  GAB  JOHNSTON 

Sep"  18  1750. 


The  Account  of  the  Spanish  Wreck  on  the  Coast  of  North  Carolina. 
Continued 

When  the  Governor  met  His  Majesty's  Council  on  the  25""  of  Sepf 
at  Newbern,  The  first  thing  He  did  was  by  their  consent  to  send  down 
Colonel  Innes  a  member  of  Council,  and  who  was  well  acquainted  with  the 
Spanish  language  and  methods  of  Trading,  to  enquire  into  their  circum- 
stances, and  make  Report  of  what  was  necessary  to  be  done  for  preserva- 
tion of  the  Register  Ship  Neustra  Segniora  de  Guadalupa  then  lying  in 
distress  at  Ocacock,  and  whose  Cargo  was  worth  1000000  pieces  of 
Eight;  And  what  their  Reasons  were  for  not  applying  to  the  Governor, 


1306  COLONIAL  RECORDS. 


for  .they  had  now  been  Thirty  Days  on  Shore  without  making  the  least 
Application  to  any  Body,  thongh  they  were  frequently  told  it  was  Their 
Duty  to  do  so,  The  information  He  received -on  His  way  to  Newberu 
gave  Him  Reason  to  suspect  that  the  Bankers  (a  set  of  People  who  live 
on  certain  sandy  Islands  lying  between  the  Sound  and  the  Ocean,  and 
who  are  very  Wild  and  ungovernable,  so  that  it  is  seldom  possible  to 
Execute  any  Civil  or  Criminal  Writs  among  them)  would  come  in  a 
Body  and  pillage  the  Ships,  what  confirm'd  Him  in  these  apprehensions 
was  that  several  Parties  of  Spaniards  in  the  year  1747,  during  the  Sum- 
mer, had  in  small  Vessels  Landed  in  several  different  Places  among 
these  very  Bankers,  and  killed  all  their  Cattle  and  Hogs,  and  done  a 
great  deal  of  mischief,  and  in  October  1748  after  the  time  limited  by 
the  Treaty  of  Aix  was  expired  a  small  Squadron  from  the  Havannah 
had  entered  Cape  Fear  River  and  ruined  and  Destroyed  the  Town  of 
Brunswick,  to  prevent  therefore  tiieir  executing  the  Revenge  which  they 
threatened,  after  taking  all  proper  Measures  within  the  Country  to  stop 
the  first  rising.  He  sent  orders  to  the  Commander  of  His  Majesty's  Ship 
the  Scorpion  to  come  to  Ocacock,  and  lye  along  the  side  of  the  said 
Register  Siiip,  and  to  protect  Her  from  all  Insults,  for  this  purpose  He 
sent  Three  different  Expresses  to  the  Captain,  but  it  unluckily  happened, 
that  the  last  only  came  to  the  Captains  Hand,  after  which  He  set  Sail 
immediately.  But  before  He  could  arrive  and  Colonel  Innes  got  down  to 
Ocacock  (which  is  eighty  miles  distant  from  Newbern)  The  Spaniards, 
who  as  We  afterwards  understood  were  very  Mutinous  had  fallen  out 
among  themselves,  and  had  very  Imprudently  put  on  Board  two  North 
Country  Sloops  who  came  in  there  Accidentally,  and  whose  Masters 
were  intirely  Strangers  to  them  106  Chests  of  money  and  thirty  Bags 
of  Cochineal  The  consequence  of  this  wild  Step  and  their  behaviour 
afterwards  cannot  be  better  Expressed  than  in  the  Petition  the  Captain 
presented  to  the  Governor  some  Weeks  afterwards ;  A  Copy  of  which 
follows. 

To  his  Excellency  Gabriel  Johnston  Esq'  Governor  and  Comander  in 
Chief  In  and  Over  the  Province  of  North  Carolina  and  A^ice  Ad- 
miral of  the  same. 

The  Humble  Petition  of  Don  Juan  Manuel  De  Bonilla  Sheweth 
That  after  your  Petitioner  had  got  into  Ocacock  with  the  loss  of  His 
Masts  and  Rudder,  He  found  that  by  the  Intrigues  and  Artifices  of 
Pedro  Roderiguez  Boatswain  of  the  said  ship  His  Men  very  mutinous 
and  ungovernable,  that  the  said  Boatswain  having  got  most  of  the  Men 
on  His  side  and  under  Pretence  of  going  to  Virginia  forced  your  Peti- 


COLONIAL  RECORDS.  1307 


tioner  to  put  on  Board  two  Sloops  from  the  Northward  wliich  came  into 
the  Port  and  were  entire  Strangers  to  him  above  100  Chest  of  Plate  and 
Thirty  Bags  of  Cochineal  without  any  Bill  of  Lading  or  Receipt  for 
such  a  Valuable  Cargo. 

That  when  Your  Excellency  was  pleased  to  send  Colonel  Inues  to 
enquire  into  the  State  of  Our  affairs  and  to  make  Report  to  Your  Excel- 
lency, He  the  said  Colonel  expressed  to  Your  Petitioner,  His  fear  that 
the  Masters  of  those  Sloops  would  run  away  with  the  Cargo,  and  offered 
to  take  Possession  of  them  and  carry  them  up  the  River  for  their  greater 
security  which  Your  Petitioner  heartily  approved  of,  But  the  said  Boat- 
swain backed  by  most  of  the  Crew  told  Your  Petitioner  that  He  would 
uot  suffer  the  Money  to  be  moved,  upon  which  Your  Petitioner  was 
forced  to  desist.  That  when  Your  Petitioner  was  coming  up  to  wait 
upon  Your  Excellency  by  the  advice  of  Colonel  Innes  He  Ordered  the 
Boatswain  who  in  His  absence  had  the  Coniand  of  the  Ship,  to  unbend 
the  sails  of  the  Two  Sloops  and  to  clap  Ten  Men  on  board  of  each  of 
them  both  which  he  neglected  to  do 

That  on  Tuesday  the  9*  of  October  at  Noon  day  both  Sloops  cut  their 
Cables  in  order  to  go  to  Sea,  but  one  of  them  getting  a  ground  the  Boat- 
swain let  the  other  Escape  'tho  she  was  a  dull  Sailer  and  had  not  Ten 
men  on  Board  while  the  Boatswain  had  the  Cofnand  of  fifty  Men 

That  Your  Petitioner  now  the  Bad  Weather  is  coming  on  and  his 
Men  so  mutinous,  is  under  great  apprehensions  that  the  Remainder  of 
the  Plate,  and  Cochineal  will  be  either  lost  or  embezzled. 

Your  Petitioner  Therefore  humbly  Prays  Your  Excellency  to  take 
.the  Premises  into  Your  Consideration,  and  to  direct  His  Majesty's  Sloop 
the  Scorpion  to  take  on  Board  the  remainder  of  the  Plate  and  Cochineal, 
and  to  Transport  the  same  to  Europe  for  which  He  agrees  to  let  Your 
Excellency  have  a  Reasonable  salvage.  And  the  Captain  of  the  Scorpion 
the  usual  and  accustomed  Freight,  and  Your  Petitioner  &c. 

In  Compliance  with  this  Request  the  Governor  gave  necessary  Orders, 
and  the  Captain  of  the  Sloop  has  informed  Him  by  a  Letter  from  Oca- 
cock  Bar,  that  He  has  taken  on  Board  the  Captain  of  the  Register  Ship 
with  fifty  Chests  of  Dollars,  and  thirteen  Bags  of  Cochineal,  and  a  few- 
other  small  matters,  The  Sloop  that  got  away  has  carried  off  all  the 
rest  of  this  Valuable  Cargo,  Expresses  have  been  sent  to  the  West 
India  Islands,  and  to  the  northern  and  Southern  parts  of  the  Continent, 
to  give  Notice  of  this  Robbery,  and  likewise  Two  Schooners  well  Man'd 
and  Arm'd,  to  Search  the  Coast  least  they  should  be  lurking  some  Creek 
there. 


1308  COLONIAL  RECORDS. 


This  is  a  true  Accouut  of  what  happened  on  this  Occasion,  and  I 
shall  reckon  myself  very  happy  if  my  Conduct  is  approved  of  by  your 
Grace.  GAB  JOHNSTON 

Edentou  Nov'  17  1750.. 


My  Lord  [the  Duke  op  Bedford] 

I  take  the  Liberty  to  transmitt  to  your  Grace  a  further  account  of  my 
proceedings  with  regard  to  the  Spanish  Register  Ship  called  Neustra 
Signiora  de  Guadalupe  laying  at  Ocacock,  on  the  truth  of  which  you  may 
absolutely  Depend 

I  Thought  it  safest  on  this  occasion  not  to  putt  the  Laws  of  Trade 
strictly  in  Execution  against  the  Spaniards,  tho  they  Had  transgressed 
them  all.  Because  I  did  not  know  how  far  it  might  Embroil  matters 
Between  his  Majesty,  and  the  Court  of  Madrid,  Besides  I  thought  it 
would  be  Cruel  to  take  Advantage  of  the  Ignorance  and  (tbstinacy  of  the 
Spanish  officers  and  their  Crew  to  the  prejudice  of  His  Majestys  and 
several  other  princes  subjects,  to  whom  most  of  that  Treasure  and  these 
effects  I  am  sensible  belonged. 

Your  Grace  I  hope  will  give  me  leave  to  observe,  that  my  Conduct  in 
this  affair  has  been  very  prejudicial  to  the  present  Distressed  condition 
of  my  private  affairs,  when  there  is  at  this  time  Twelve  year  of  arrears 
of  Sallary  Due  to  me,  when  I  qpuld  have  justified  by  all  the  Laws  of 
Trade,  and  the  treaties  between  the  two  crowns  to  have  Seized  the  whole 
Cargo  and  Ship  and  to  have  Converted  it  to  my  own  use,  I  only  studied 
Ho}¥  to  act  the  just  and  Humane  part  as  what  I  thought  would  be  most 
acceptable  to  His  Majesty. 

la  short  I  have  taken  care  that  none  of  the  Spaniards  Have  received 
the  Least  Hurt  or  Injury  from  any  of  His  Majesty's  subjects  under  my 
Goverment,  It  was  not  in  the  power  of  man  to  prevent  their  plagueing 
and  Injuring  one  another,  and  fooling  away  the  largest  part  of  a  valua- 
ble Cargo ;  whatever  Has  been  saved  is  owing  to  the  Care  and  applica- 
tion of  His  Majesty's  Officers  Here,  I  Have  by  this  Conveyance  sent  a 
Duplicate  of  the  State  of  the  Currency  in  this  province  and  remain  with 

Great  Respect 

Your  Grace's  Most,  &c., 
Edenton  Nov'  18  1750  GAB  JOHNSTON 


My  Lord,  [the  Duke  of  Bedford] 

I  am  infinitely  indebted  to  your  Grace's  goodness  in  informing  Me  of 
His  Majesty's  approbation  of  my  conduct  with  regard  to  the  Spaniards 
stranded  on  this  Coast. 


COLONIAL  KECOKDS.  l^O'J 


These  unhappy  men  continued  near  forty  Days  in  tlie  Harbour  of 
Ocacock  before  they  made  any  Report  to  me,  or  any  otlier  Officer  in  this 
Province,  during  wiiich  time  they  traded  with  tiie  Vessels  which  went 
backward  and  forward  for  several  thousand  pieces  of  Eight,  and  unladed 
the  Galleon  twice,  and  reloaded  Her  as  often;  By  thus  breaking  Bulk 
and  disposing  of  the  Cargo  without  the  Permission  of  any  Officer  They 
had  incurr'd  the  Penalty  of  the  Laws  of  Trade  and  both  Ship  and  Cargo 
ought  to  have  been  condemned  by  a  Court  of  Admiralty,  of  this  the 
inferiour  Officers  of  the  Customs  were  so  sensible,  that  they  made  several 
attempts  to  sieze  Her,  One  of  them  in  particular  went  to  Mr.  Randolph 
the  Surveyor  General  of  the  Customs  in  North  America,  to  Virginia 
where  he  resides,  and  brought  an  Order  to  seize  Her  immediately;  but  I 
had  taken  my  measures  so  surely,  by  sending  for  His  Majesty's  Sloop 
the  Scorpion,  that  I  put  it  out  of  their  Power  to  carry  their  designs  into 
Execution,  If  I  had  been  but  passive  in  this  affiiir  neither  the  ship  nor 
Effects  could  have  escaped  being  forfeited,  and  without  being  at  all  seen 
in  this  Matter,  or  stirring  one  step  in  it,  I  had  been  lawfully  possessed 
of  one  third  of  Both,  which  I  hope  your  Grace  will  consider  as  no  small 
Sacrifice  for  a  Person  in  my  unhappy  situation. 

The  sending  Expresses  by  Land  to  the  North  and  South,  and  fitting 
out.  Manning,  and  Victualling  two  Ships  to  go  in  quest  of  the  Pirate, 
and  a  great  many  other  steps  we  were  obliged  to  take,  occasioned  a  very 
considerable  Expence,  the  Account  of  which  was  settled  by  Captain 
Bonilla  on  one  side  and  Mr.  Child  our  Attorney  General,  and  Colonel 
Innes  on  the  other,  at  Cape  Fear  about  225  Miles  from  my  residence. 

The  Captain  complains  that  they  exacted  too  much  from  Him;  But 
as  they  were  chiefly  Instrumental  in  saving  the  remaining  part  of  the 
Cargo,  and  shipping  it  on  Board  of  the  Sloop  of  War,  they  think  their 
Demands  very  moderate,  but  I  shall  not  trouble  your  Grace  with  a  par- 
ticular detail  of  this  affair,  as  Mr.  Child  is  now  on  His  way  to  London, 
and  will  fully  inform  your  Grace  of  the  whole  transaction. 
I  am,  with  the  greatest  Respect, 

My  Lord  your  Grace's  most,  &c., 

Edenton  May  2^  1751.  GAB  JOHNSTON 


May  IT  Please  Your  Grace,  [the  Duke  of  Bedford] 

In  obedience  to  His  Majesty's  Commands  Signified  to  Us  by  Your 
Grace's  Letter  of  the  4""  of  March  175^.  Representing  that  your  Grace 
having  informed  the  King  that  Major  General  Wall,  the  Spanish  Minis- 
ter Plenipotentiary  had  delivered  to  your  Grace  by  Order  of  his  Court 


1310  COLONIAL  RECORDS. 


Several  Papers  in  Spanish,  Stating  the  Particulars  of  the  loss  of  their 
Frigate  La  Neustra  Senora  de  Guadalupe,  upon  the  Coast  of  Nortli 
Carolina,  and  complaining  of  the  Conduct  of  the  Gov'  of  that  Province, 
First  in  having  Enacted  a  Salvage  of  4  &  J  ^  Cent  for  the  whole 
Lading  of  the  Ships,  whereas  (as  they  alledge)  for  the  Silver  that  is 
brought  from  the  English  Colonies  on  board  of  the  Spanish  Vessels  on 
account  of  such  like  Accidents  of  Ships  being  forced  on  the  Coast  by 
Shipwrecks,  His  Catholick  Majesty's  Ministers  do  receive  Nothing  for 
themselves.  And  secondly  for  having  afterwards  taken  by  Violence  out 
of  the  Sloop  of  War  the  Scorpion,  (that  had  been  ladeu  with  the  re- 
maining part  of  the  Silver  &  Cochineal,  in  order  to  carry  them  from 
thence  to  Cadiz)  the  Sum  of  162751  heavy  Dollars,  as  well  for  the  Freight 
of  tiie  Ship  at  the  Rate  of  2  "p  Cent,  as  for  the  payment  of  the  Salvage 
insisted  upon.  His  Majesty  having  directed  Your  Grace  to  transmit  the 
said  Papers  to  LTs,  together  with  their  Several  Translations,  (all  which 
Pajjers  and  Translations  are  herewith  returned)  to  the  End  that  We  may 
consider  thereof  &  Report  Our  Opinions  to  Your  Grace,  whether  any  & 
what  Salvage  may  be  demanded  in  the  Case  in  Question,  &  if  any  can, 
whether  it  may  be  Stopped  out  of  the  Cargo  in  the  manner  complained 
of  by  the  Spaniards  &  as  tiie  detention  of  the  Money  for  the  Freight, 
makes  another  part  of  the  Charge,  Your  Grace  likewise  desires  we  would 
inform  you,  what  is  usually  &  Legally  practised  upon  such  Occasions, 
between  Trading  Nations. 

We  have  taken  the  same  into  Consideration  &  arc  humbly  of  Opinion, 
that  no  Salvage  is  due  under  the  Circumstances  therein  stated.  Except  in 
consideration  of,  &  as  a  Recompense  for  the  actual  Labour  and  Expence 
of  Saving.  And  the  Governour  of  North  Carolina  as  Goveriiour  ought 
not  to  demand  any  Duty  or  Gratification  whatsoever  to  himself  upon 
that  Account. 

As  to  the  2  "^  Cent  taken  for  Freight,  We  observe  that  the  Consulado 
in  their  Letter  to  Mons'  de  I'Ensenada  do  not  object  to  the  Quantity  but 
only  complain  that  part  of  the  Cargo  was  detained  to  pay  it.  As  to 
which  we  think  the  Cargo  is  in  the  Nature  of  a  Pledge  for  the  Freight, 
&  not  to  be  delivered  till  Freight  is  paid,  &  therefore  if  no  more  was 
detained  on  that  Account,  than  what  was  really  due,  tliis  part  of  the 
Complaint  don't  seem  to  be  Material 

All  which  is  humbly  Submitted  to  Your  Grace 

G.  PAUL         W.  MURRAY 

4'"  June  1751.  D.  RYDER 


COLONIAL  RECORDS.  1311 


Gov"'  of  N".  Carolina.  Whitkhai.l  13""  June  1751 

Sir, 

Having  referrM  by  His  Majesty's  Orders,  To  the  Advocate  Attorney 
and  Solicitor  General,  the  Complaints  of  the  Court  of  Spain  upon  the 
Salvage  exacted  from  the  Subjects  of  that  Crown  on  Account  of  the  late 
Wreck  upon  the  Coast  of  North  Carolina,  I  transmit  to  you  herewith 
their  report  thereup(jn  by  which  it  appears  that  no  Salvage  is  due  under 
the  Circumstances  therein  stated,  except  in  consideration  of  and  as  a 
Recompence  for  the  actual  Labour  and  Expenceof  saving,  and  that  you 
as  Governor  ought  not  to  have  Demanded  any  Duty  or  Gratification 
whatsoever  to  yourself  upon  that  account. 

As  it  is  His  Majesty's  Pleasure  therefore  that  full  Restitution  should 
be  made  to  the  Spaniards  of  what.soever  shall  have  been  illegally  exacted 
from  them  upon  this  occasion,  you  will  use  your  utmost  Endeavours  to 
recover  the  same  &  have  it  deposited  in  safe  Hands  till  such  time  as  you 
shall  receive  His  Majesty's  further  Orders  in  order  to  re.store  to  the 
Spaniards  whatsoever  you  or  any  Persons  under  your  Government  shall 
have  unwarrantablv  exacted  from  them. 


[Translated  prom  the  original  in  the  archives  of  the  Moravian  Church, 

Salem,  N.  C] 

Letter  from  Bishop  Spangenburg.  Edenton  Sept  12"'  1752 

Were  I  to  tell  you  how  I  found  it  in  N.  C.  I  must  say  it  is  all  in  con- 
fusion. The  Counties  are  in  conflict  with  one  another,  so  that  not  only 
is  the  authority  of  the  Legislature  weakened,  but  also  that  of  the  magis- 
trates. 

The  cause  of  this  as  well  as  I  can  learn  from  both  sides,  seems  to  be 
the  following. 

When  the  colony  was  still  small  and  weak  the  older  counties  were 
allowed  to  send  five  men  to  the  Assembly.  This  arrangement  continued 
a  long  time.  Wiien  the  colony  had  grown  much  stronger,  each  county 
was  allowed  to  send  only  2  men  apiece  to  the  Assembly.  The  Counties 
affected  by  this  law,  increased  in  number  until  they  had  a  majority  in 
the  assembly  and  then  they  passed  a  law  bringing  the  older  counties 
under  the  same  arrangement  with  themselves,  viz,  two  men  only  to  rep- 
resent the  county.  The  older  counties  hereupon  mnch^irritated,  refused 
to  send  any  representatives  at  all,  but  dispatched  an  agent  to  England 
with  a  view  of  haveing  their  rights  restored  to  them.  Meanwhile  untill 
this  matter  is  decided  they  will  not  acknowledge  any  act  of  the  assembly. 
There  is  therefore  in  the  older  counties  a  perfect  anarchy.  As  a  result, 
crimes  are  of  frequent  occurrence,  such  as  murder  robbery  &c. 


1312  COLONIAL  RECORDS. 


But  tlie  criminals  cannot  be  brought  to  justice  The  citizens  do  not 
appear  as  jurors,  and  if  court  is  held  to  decide  such  criminal  matters  no 
one  is  present.  If  any  one  is  imprisoned  the  prison  is  broken  open  and 
no  justice  administered.  In  short  most  matters  are  decided  by  blows. 
Still  the  County  Courts  are  held  regularly  and  what  belongs  to  their 
jurisdiction  receives  the  customary  attention. 

The  Inhabitants  of  North  Carolina  may  be  divided  into  two  classes. 
Some  are  natives  of  the  State,  these  can  endure  the  climate  pretty  well, 
but  are  naturally  indolent  and  sluggish.  Others  have  come  here  from 
England,  Scotland,  &  from  the  Northern  Colonies  some  have  settled  here 
on  account  of  poverty  as  they  wished  to  own  land  &  were  too  poor  to  buy 
in  Pennsylvania  or  New  Jersey  Others  there  are  again  who  are  refu- 
gees from  justice  or  have  fled  from  debt;  or  have  left  a  wife  &  children 
elsewhere, — or  possibly  to  escape  the  penalty  of  some  other  crime;  under 
the  impression  that  they  could  remain  here  unmolested  &  with  impunity. 

Bands  of  horse  thieves  have  been  infesting  portions  of  the  State  & 
pursuing  their  nefarious  calh'ng  a  long  time. 

This  is  the  reason  North  Carolina  has  such  an  unenviable  reputation 
among  tlje  neighbouring  provinces.  Now  there  are  many  people  coming 
here  because  they  are  informed  that  stock  does  not  require  to  be  fed  in 
the  Winter  Season. 

Numbers  of  Irish  have  therefore  moved  in,  but  they  will  find  them- 
selves deceived  because  if  they  do  not  feed  their  stock  in  the  winter  they 
will  find  to  their  cost  that  they  will  perish. 

We  are  how  ever  informed  that  in  other  localities  people  of  quite  a 
different  character  are  to  be  met  with — efficient  and  energetic  &  indus- 
trious in  their  habits.     Of  this  we  shall  know  more  by  &  b}'. 

P.  S.  [1753]  After  having  traversed  the  length  &  breadth  of  N.  C. 
we  have  ascertained  that  towards  the  Western  mountains,  there  are  plenty 
of  people  who  have  come  from  Virginia  Maryland,  Pennsylvania,  New 
Jersey  &  Even  from  New  England. 

Even  in  this  year  more  than  400  families  with  horses  wagons,  &  cat- 
tle have  migrated  to  this  State  &  among  them  are  good  farmers  &  very 
worthy  people  who  will  no  doubt  be  of  great  advantage  to  the  State. 

We  have  had  opportunity  to  see  the  main  streams  in  that  part  of  N.  C. 
which  belongs  to  Lord  Granville.  We  have  not  found  one  which  may 
strictly  be  termec^  navigable.  The  Chowan  &  Roanoke  are  large  and 
deep  but  have  no  tide  water  and  only  "freshets"  They  are  furthermore 
so  winding  and  have  such  high  banks  that  sails  cannot  well  be  used  here- 
Hence  they  can  only  use  small  craft  for  navigation  and  with  great  toil 
and  labor  ascend  the  stream  and  in  the  event  of  high  water  and  rain  they 


COLONIAL  RECORDS.  \:ii:i 


miist  remain  where  they  are  until  the  water  subsides.  The  reas(jii  tlicsc 
streams  have  no  tide  water  is  the  great  Sand  Banks  which  lie  east  of  the 
State  which  impede  the  rivers  in  their  "exit"  to  the  sea  and  prevent  tiie 
tide  from  coraeing  in.  Sometimes  too  they  change  the  narrow  entrances 
which  the  ships  use  for  entering  the  rivers. 

These  causes  operate  to  make  it  difficult  to  reach  N.  C.  by  sea.  If  the 
Captain  is  unfamiliar  with  this  coast  he  may  easily  strike  a  sand  bank 
&  he  may  do  so  even  if  he  is  acquainted  &  experienced  as  the  sands  are 
shifted  by  wind  &  sea. 

We  paid  a  visit  to  the  Tuscarora  Indians  who  live  on  the  Roanoke. 
They  live  upon  a  ti-act  of  very  good  land  secured  to  them  by  act  of 
Assembly.  I  suppose  it  contains  from  20  tn  30,000  acres  of  land.  It 
is  12  miles  long,  but  not  broad. 

The  Interpreter  Mr.  Thomas  Whitemeal  [Whitmele]  was  kind  enough 
to  go  with  us  showed  us  all  their  land  and  made  us  acquainted  with 
them.  He  has  been  a  trader  among  them,  understands  their  language 
and  speaks  it  quite  fluently.  Now  he  is  one  of  the  wealthiest  men  about 
here  and  has  an  excellent  character  among  all  classes.  The  Indians 
have  no  King  but  a  Captain  whom  the  whites  select  from  their  midst. 
There  are  also  some  individuals  who  live  among  them  as  chiefs. 

Their  number  is  small ;  they  side  with  the  Six  Nations  against  the 
Catawbas,  but  suffer  from  this  relationship  very  much.  They  are  verv 
poor  and  are  oppressed  by  the  whites.  Mr.  Whitemeal  is  their  agent 
and  advocate  and  is  much  respected  by  them.  No  efforts  have  as  vet 
been  made  to  christianize  them. 

They  gave  us  a  message  to  the  Catawbas  (not  knowing  that  they  had 
made  peace  with  the  Six  Nations)  should  we  see  them,  "that  there  were 
enough  young  men  among  them  who  knew  the  way  to  the  Catawba 
Town.  They  could  come  and  go  there  in  20  days;  that  they  had 
remained  very  quiet  and  not  molested  the  Catawbas  except  to  hunt  a  lit- 
tle and  they  should  remain  quiet  as  long  as  the  Catawlias  did.  Should 
they  however  become  troublesome  the  way  to  the  Catawba  Town  could 
soon  be  found." 

Tis  worthy  of  remark  that  the  conduct  of  the  Indians  hei'e  is  quite 
different  from  that  in  Pennsylvania.  There  the  Indians  are  not  feared 
at  all  unless  they  are  drunk.  Here  they  conduct  themselves  in  such  a 
way  that  the  whites  are  afraid  of  them.  If  they  enter  a  house  &  the 
man  is  not  at  home  they  become  insolent  &  the  ])oor  woman  must  do 
as  they  command. 

Sometimes  they  come  in  such  large  Companies  that  even  the  man  is 
sorely  put  to  it  if  compelled  to  deal   with  them.     Sometimes  men  do 


1314  COLONIAL  RECORDS. 


like  Andrew  Lambert  who  found  traces  of  Seneca  Indians  on  his  land 
&  in  his  corn  &  fonnd  they  had  killed  &  eaten  some  of  his  cattle.  He 
called  his  dogs  which  he  used  for  bear  hunting  some  8  or  10  in  number 
&  with  his  rifle  in  hand,  he  drove  them  out  like  sheep  before  him  & 
thus  rid  himself  of  the  nirisance. 

This  is  difficult  when  people  live  alone  in  the  woods  about  here;  they 
are  in  danger  of  getting  into  unpleasant  relations  with  the  Indians. 
North  Carolina  waged  war  with  the  Indians,  in  time  the  latter  became 
worsted  &  in  consequence  lost  their  land.  This  created  a  bad  feeling 
not  only  among  those  tribes  immediately  concerned  but  with  all  the  rest. 
This  feeling  of  animosity  will  not  speedily  die  out.  This  asserts  itself 
on  all  occasions  &  it  has  come  so  far  in  N.  C.  that  not  only  did  the  In- 
dians rob  the  people  of  their  stock,  but  in  some  cases  even  killed  some 
of  them. 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  12.  C.  15.] 

North  Carolina  1.  August  1752. 
My  Lords,  [of  the  Board  of  Trade] 

By  the  death  of  Mr.  Johnston,  His  Majesty's  late  Governor  of  thi.s 
Province,  which  happened  on  the  IT*  past,  the  Government  devolving 
upon  me  in  pursuance  of  His  Majesty's  Instructions,  I  convened  the 
Council,  and  having  qualifyed  before  them,  entered  upon  the  Adminis- 
tration of  the  Government. 

There  are,  My  Lords,  no  material  occurrences  to  communicate  since 
Mr.  Johnston  (I  presume)  wrote  last  to  your  Lordships,  but  I  have  tiie 
pleasure  to  inform  your  Lordships  in  general,  that  the  Country  enjoys 
great  quietness,  and  is  in  a  flourishing  condition,  the  western  parts  set- 
tling very  fast,  &  much  shipping  frequenting  our  rivers. 

I  have  sent  to  the  Clerks  for  Transcripts  of  the  Assembly  Journals, 
which  when  returned  to  me  shall  be  transmitted  to  your  Lordships. 
I  have  the  honour  to  be,  &c.,  NATH :  RICE. 

[President  of  the  Council.] 


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

From  Mr.  Hall  to  the  Secretary  (Exf.) 

North  Carolina,  Edenton  May  19,  1752. 
Rev"  Sir, 

Since  Easter  I  have  (tho'  in  a  bad  state  of  bodily  health)  journey'd 
thro'  my  North  Mission,  rode  about  174  miles  in  about  16  days,  preached 


COLONIAL  RECORDS.  L31^ 


13  Sermons  most  of  the  congregations  being  very  large,  some  counted 
to  be  4,  5  or  600  persons  (insomuch  that  we  were  some  times  obb'ged  to 
assemble  under  the  Shady  Trees  because  the  houses  would  not  contain 
them)  baptized  336  white  &  22  black  children  5  white  adults  (brought 
up  in  anabaptism  &  quakerism)  &  7  black  adults  after  proper  examina- 
tion and  left  several  others  to  be  better  instructed  against  the  next  oppor- 
tunity &  also  perform'd  several  other  ministerial  duties  among  the  sick 
&c — &  dispersed  part  of  the  books  for  which  they  were  thankful,  &  hope 
to  disperse  them  all  before  long  (God  willing)  among  such  people  as 
most  want  &  will  make  the  best  use  of  them  &  lend  them  to  others  &c. 
I  have  now  thro'  God's  gracious  assistance  &  blessing  in  about  7  or  8 
years,  tho'  frequently  visited  with  Sickness,  been  enabled  to  perform  (for 
aught  I  know)  as  great  ministerial  duties  as  any  minister  in  N.  America, 
viz  to  journey  about  14000  miles.  Preach  about  675  Sermons.  Baptize 
about  5783  white  children  243  black  children,  57  white  adults  &  112 
Black  adults  in  all  6195  persons  &  sometimes  administered  the  Holy 
sacrament  of  the  Lords  Supper  to  2  or  300  communicants  in  one  jour- 
ney besides  churching  of  women,  visiting  the  sick  &c. 


[B.  P.  K.  O.  B.  T.  Journals.  Vol.  60.] 

BOARD  OF  TRADE  JOURNALS. 

Wednesday  April  IS'"  1752. 
Present 
Earl  of  Halifax 
Mr.  Grenville.         Mr.  Oswald. 
Read  a   letter  from   Mr.   Johnston,  Gov'  of  North   Carolina  to  the 
Board  dated  at  Edenton  3"'*  Sept.  1751    relative  to  the  present  state  of 
the  Council  in  that  Province  and  recommending  two  gentlemen  to  sup- 
ply vacancies  therein. 

Their  Lordships  took  into  consideration  the  state  of  His  Maj.  Coun- 
cil in  the  Province  of  North  Carolina  and  it  appearing  that  there  were 
only  three  persons  appointed  by  His  Majesty  of  the  said  Council  now 
remaining  upon  the  List  their  Lordships  ordered  the  Draught  of  a  Rep- 
resentation to  their  Excellencies  the  Lords  Justices  to  be  prepared  pro- 
posing that  James  Hassell,  James  Innes,  John  Rutherford,  Francis 
Corbin,  John  Swan,  John  Dawson.  James  Craven,  Lewis  de  Rosset  and 
John  Rieusset  Esq"  may  be  appointed  of  the  said  Council 


1316  COLONIAL  RECORDS. 


Read  a  letter  from  Mr.  Johnston  Gov'  of  North  Carolina  to  the  Sec- 
retary of  this  Board  dated  at  Edeuton  the  16""  Sept.  1751  in  answer  to 
one  from  him  relating  to  a  neglect  in  not  transmitting  the  public  papers 
required  by  his  Instructions. 

Minutes  of  Council  of  North  Carolina  from  26  March  to  3  April 
1751. 

Wednesday  April  22°*  1752. 

The  draught  of  a  Representation  to  their  Excellencies  the  Lords  Jus- 
tices proposing  nine  persons  to  be  appointed  of  the  Council  of  North 
Carolina  having  been  prepared  pursuant  to  the  Minutes  of  the  15* 
inst.  was  laid  before  the  Board  agreed  to  and  ordered  to  be  transcribed 
And  was  signed  April  27* 

Tuesday  May  12*  1752. 

Read  an  Order  of  their  Excellencies  the  Lords  Justices  in  Council 
dated  7*  May  1752  approving  the  Representation  of  the  Board  of  Trade 
of  27*  April  last  recommending  nine  persons  to  supply  Vacancies  in  the 
Council  of  North  Carolina  &  directing  the  Board  to  prepare  Warrants 
for  their  appointment. 

The  draughts  of  Warrants  having  been  accordingly  prepared  and  also 
the  draught  of  a  Representation  to  their  Excellencies  the  Lords  Justices 
thereupon  the  same  were  agreed  &  ordered  to  be  transcribed — and  signed 
May  13* 

Wednesday  November  8*  1752 

Read  the  following  Orders  of  their  Excellencies  the  Lords  Justices 
in  Council,  Viz: 

^  *  :};  ^  *  :t:  if: 

Order  of  the  Lords  Justices  in  Council  dated  28  May  1752  approving 
a  Report  from  the  Lords  Coramiss"  for  Trade  with  Draughts  of  War- 
rants prepared  by  them  directing  the  Governor  of  North  Carolina  to 
swear  and  admit  nine  gentlemen  to  be  of  tiie  Council  in  the  said  Prov- 
ince. 

Friday  November  10*  1752. 

Ordered  that  the  Secretary  do  write  to  Mr.  Child  Attorney  General 
of  North  Carolina  now  in  England  to  desire  he  would  acquaint  the  Board 
whether  he  intends  to  return. 

Wednesday.  November  22*  1752 

The  Secretary  laid  before  the  Board  the  following  papers  received  from 
Mr.  Abercromby  Agent  for  North  Carolina.  Viz' 

Journal  of  the  House  of  Burgesses  in  1746  and  1747  also 
Printed  Journals  of  that  House  in  1749,  1750  and  1751. 


COLONIAL  RECORDS.  1317 


Wednesday.  November  29""  1752 
The   Secretary   laid    before    the    Board    the    following   papers   lately 
received  from  North  Carolina  Viz. 

Minutes  of  Council  in  Sept.  &  Oct.  17.51. 

Friday.  December  22""  1 7.52 
Read  a  letter  from  Mr.  Rice  President  of  the  Council  and  Commander 
in  Chief  of  North  Carolina  dated  1  August  1752  acquainting  the  Board 
with  the  death  of  Gabriel  Johnston  Esq.  the  17""  of  July  last  and  that 
he  had  taken  u])on  him  the  Administration  of  the  Government  there. 


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

LEGISLATIVE  JOURNALS. 

At  a  General  A.s.sembly  begun  and  held  at  Newbern  The  Twelfth  day 
of  June  in  the  Nineteenth  Year  of  The  Reign  of  our  Sovereign  Lord 
George  The  Second,  by  the  grace  of  God  of  great  Britain,  France,  and 
Ireland  King  defender  of  The  faith  &c  and  in  The  year  of  our  Lord, 
one  Thousand  Seven  hundred  and  forty  six,  and  from  Thence  continued, 
by  Several  Prorogations,  to  The  Thirty  first  day  of  March  in  The 
Twenty  fifth  year,  of  the  said  Majesties  Reign  in  The  year  of  our  Lord 
one  Thou.sand  Seven  hundred  and  fifty  Two  and  from  Thence  prorogued 
to  Thursday  The  Second  day  of  April  following:  to  be  held  at  Bath 
Town. 

Present 

{Mathew  Rowan     James  Innes      ") 
James  Murray       Francis  Corbin  >Esq"  Members 
James  Hasell         John  Swann       j 
Then  his  Excellency  came  to  The  House,  and  Sent  a  mandate  to  the 
lower  House  commanding  Their  immediate  attendance  in  the  Council 
Chamber 

Whereupon  The  Speaker  attended  by  The  House,  waited  upon 
his  Excellency,  in  the  Council  Chamber,  Then  his  .Excellency  opened 
The  session  of  Assembly  and  made  the  following  Speech  in  both  Houses 
(viz') 

GentIjEmen  of  His  Majesties  Council  and  Gentlemen  of  the 
House  of  Burgesses. 

When  I  prorogued  you  to  this  Time  and  place,  I  never  doubted  but 
we  should,  before  now  have  had  an  Account  of  The  final  Issue  of  Those 


1318  COLONIAL  RECOEDS. 


important  points  wliich  have  been  so  long  in  dispute,  before  tiie  Iwards 
at  home  I  am  indeed  Satisfied  in  my  own  mind,  That  they  are  already 
determined,  The'  the  Shipping  not  Ariving  at  the  usual  Time  keep  us' 
in  ignorance  of  the  decision,  but  Notwithstanding  This  dis^apoint- 
ment,  I  did  not  think  it  proper,  That  this  Opportnnity  of  making  some 
further  wholesome  Laws  and  provision  for  the  peace  and  happiness  of 
This  Province,  Shonld  be  lost.  The  reformation  of  so  many  abuses  and 
enormities  which  have  so  long  prevailed  among  us  must  in  The  nature  of 
Things  be  a  work  of  Time  and  carried  on  gradually :  and  I  am  confi- 
dent, from  your  past  behaviour,  you  will  not  fail  to  make  some  progress 
in  it  on  This  Occasion  ;  and  as  you  are  sensible,  That  This  Session  must, 
on  many  accounts,  be  a  Short  one,  I  hope  your  diligence  and  Assiduity 
will  be  the  greater. 

Gentlemen  I  recommend  to  you  in  particular  to  take  The  most  effect- 
ual measures,  for  promoting  religion,  and  Virtue  and  Suppressing  vices 
and  immoralty,  which  are  come  to  such  a  dreadfuU  height  in  This  Prov- 
ince I  desire  of  you  in  a  Special  manner,  to  take  into  your  considera- 
tion the  barbarous  and  inhuman  manner  of  boxing  which  so  much  pre- 
vails among  the  lower  sort  of  people  This  practice  is  attended  with  cir- 
cumstances of  cruelty  as  is  really  shocking  to  human  nature;  and  I  have 
been  informed  of  no  less,  than  four  person,  who  within  these  Two  years, 
have  come  to  a  violent  death  by  This  atrocious  Custom.  T  am  afraid 
the  laws  now  in  being  are  defective  in  this  Aifair,  and  as  you  are  The 
Guardians  of  duty  by  a  particular  law,  to  put  a  Stop  to  such  bloody 
horrid  quarrels. 

Whereupon  the  honourable  James  Murray,  James  Hasell,  and  John 
Swann  Esq"  Three  of  The  Members  of  This  board,  were  appointed  a 
Committee  to  draw  up  an  address  to  his  Excellencys  Speech. 

Also  James  Innes  and  John  Swann  Esq"  were  appointed  to  qualify 
the  Members  of  the  lower  House. 

Mr.  John  Ash  and  Mr.  De  Rosset  Brought  up  the  following  message 
from  The  lower  House  (viz') 

Gentlemen  of  his  Majesties  Honourable  Council. 

We  have  appointed  the  following  persons  a  Committee  of  the  publick 
Accounts  and  Claimes  (viz') 

Mr.  De  Rosset  Mr.  Kerney  Mr.  Ormond  Mr  Eaton  and  Mr.  Bell  on 
the  publick  accounts.  And  Mr.  Starkey  Mr.  Dawson  Mr.  Sampson  Mr. 
Coutauch  Mr.  Ash  Mr.  Sinclair  and  Mr.  Hayward  on  the  publick  claimes 
in  conjunction  with  Such  Members  of  your  House,  as  your  Honors  shall 
think  fit. 


COLONIAL  RECORDS.  L3iy 


Whereupon  the  house,  on  reading  the  above  message,  and  considering 
the  same  were  pleased  to  appoint  the  following  persons  on  the  accounts 
and  Claims 

The  honourable  James  Murray  and  Francis  Corbin  Esq"  on  the  Ac- 
counts and  James  Hasell,  and  John  Swann  Esq"  on  the  Claimes  to  join 
those  of  the  lower  house. 

The  House  have  thought  fit  to  appoint  Mr.  William  Stubbs  Serjant 
at  Arms  and  Andrew  McDounaugh  Door  Keeper. 

Then  the  House  adjourned  till  tomorrow  morning  nine  o'clock. 

Friday  April  ^     The  House  met  according  to  adjournment 
Present 

{Mathew  Rowan         James  Innes  ] 

James  Murray  Francis  Corbin       >  Esq"'  Members 

James  Hasell  John  Swann  j 

John  Swann  Esq"  one  of  the  Committee  appointed  by  this  board  to 
draw  up  an  address  to  his  Excellency's  Speech,  reported  the  same,  which 
was  agreed  to,  and  ordered  to  be  engrossed,  which  being  done,  the  same 
was  presented  to  his  Excellency  in  the  Council  Chamber.  To  which 
Address  his  Excellency  returned  his  thanks  to  the  House. 

Then  the  House  adjourned  till  Three  o'clock  in  the  afternoon. 

The  House  met  according  to  adjournment. 
Present 
( Mathew  Rowan         James  Innes  "] 

The  Hon"°<;  James  Murray  Francis  Corbin       V  Esq"' Members 

( James  Hasell  John  Swann  j 

And  adjourned  till  to  morrow  morning  nine  o'clock 

Saturday  April  4*     The  House  met  according  to  adjournment. 
Present 
r  Mathew  Rowan         John  Rutherford  ^ 

rri     XT     bie     James  Murray  Francis  Corbin         t;,    „, 

The  Hon""      ^  j         •  tic  ■  Esq"' 

James  Junes  John  Swann  '■ 

[^  James  Hasell  J 

Then  his  Excellency  came  to  the  House  and  immediately  the  board 
presented  him  with  their  address  in  the  following  words 

North  Carolina 
To  His  Excellency  &c 

The  humble  address  of  his  Majesties  Council  now  met  in  General 
Assembly. 
May  it  Please  your  Excellency 

His    Majesties   faithfull    subjects,  the   Members  of  Council  for  this 


1320  COLONIAL  EECORDS. 


Province  beg  leave  to  express  our  thanks  for  your  Speech  to  both  Houses 
at  the  opening  of  this  Session 

We  are  convinced  that  the  great  regard  you  have  for  his  Majesties 
Service,  and  the  prosperity  of  this  Province,  and  your  expection  of  see- 
ing, before  this,  a  final  determination  of  the  points  in  dispute  before  the 
board  at  home  prompted  your  Excellency  to  call  us  together  at  this  time ; 
and  tho'  a  decision  of  them  so  essential  to  the  happiness  of  this  Colony 
and  so  much  wished  for  by  every  honest  and  disinterested  man,  hath  not 
as  yet  been  transmitted  to  us,  we  shall  chearfully  proceed  to  the  redress- 
ing such  Grievances,  by  passing  such  Bills  as  may  anywise  conduce  to 
the  publick  good. 

And  we  assure  you  Excellency  we  shall  heartily  concur  with  the  other 
House  in  taking  such  measures  which  may  promote  the  worship  of 
Almighty  God  and  discourage  profaness  and  immorality. 

Then  tlie  House  adjourned  till  three  o'clock  in  the  afternoon. 

Saturday  April  4""     The  House  met  according  to  adjournment. 
Present 
TMathew  Rowan  John  Rutherford^ 

The  Hon""'  James  Murray  Francis  Corbin      [j^    t,> 

I  James  Hasell  John  Swann  ,'    ^'^ 

[_  James  Innes  J 

Mr.  Brice  and  Mr.  De  Rosset  brought  up  the  following  Bills. 
A  Bill  to  open  and  clear  the  upper  part  of  Black  River  and  the  North 
East  branch  of  Cape  Fear  River  in  Duplin  County 

A  Bill  to  amend  and  extend  an  Act  to  appoint  Inspectors  in   New 
Hanover  County,  and  for  regulating  the  exports  of  Cape  Fear 
In  tlie  General  Assembly  read  tiie  first  time  and  passed 
Read  the  Bill  for  an  Act  to  clear  the  upper  part  of  Black  River  &c  in 
this  House  and  passed. 

The  Bill  to  amend  and  extend  an  act  to  appoint  inspectors  in  this 
House  read  the  first  time  and  passed. 

Mr.  Sampson  and  Mr.  Dawson  brouglit  up  a  Bill  to  encourage  Caleb 
Granger  to  build  a  Bridge  over  Smiths  Creek,  near  the  place  known  by 
the  name  of  Smiths  Creek  Ferry  in  New  Hanover  County.  In  the 
General  Assembly  read  the  first  time  and  passed 

The  Bill  for  an  Act  to  encourage  The  building  a  Bridge,  over  Smith's 
Creek.     In  this  House  read  the  first  time  and  passed. 

Then  the  House  adjourned  till  Monday  Morning  Nine  o'clock 


COLONIAL  RECORDS.  1321 


Monday  April  6'"     The  House  met  according  to  adjournnient. 
Present 
TMatliew  Rowan     .loiin  Rntlierford  ") 

Ti      u     bit      James  Murray        Franci.s  Corbin  r    ,8  a/t      i 

The  Hon"'       j  u      n  r  i      q  ■  Esq"  Members, 

.lames  Hasell  .lohn  bwann 


James  Innes 

And  adjourned  till  3  o'clock  in  the  Afternoon. 

Evening  three  o'clock.     The  House  met  according  to  adjournnient. 

Present 

I  Matiiew  Rowan     John  Hutiiertbrd  ^ 

Ti      IT     bie      James  Murray        Francis  Corbin  t^     rs  ht      i 

Ihe  Hon"^       t  it      n"  r  i      c<  >  Esq    Members. 

James  Hasell  John  Swann  |        '■ 

[^  James  Innes  J 

Mr.  Coutauciic  ami  Mr.  Macklewain  Brought  up  a  Bill  to  appoint, 
.and  apply  i;2UU0  Bills  of  Credit  called  and  lated  at  Proclamation  Money 
which  is  in  The  iiands  of  Tiiomas  Barker  Gent  Public  Treasurer  for 
the  Northern  District  of  this  Province  for  erecting  of  Beacons,  Setting 
up  stakes,  and  Mai-ks  to  make  known,  and  point  out  the  Several  Shoals 
and  Channels  from  Ocacock  Inlet,  over  the  Shoals  to  Bath  Town,  New- 
bern  and  Edenton  &c  In  the  General  Assembly  read  The  first  time  and 
passe<l  Read  The  above  Bill,  and  ordered  tiiat  the  same  lye  on  the  table 
for  furtiier  Consideration  tomorrow  Morning. 

Then  the  House  adjourned  till  tomorrow  morning  Nine  o'clock 

Tuesday  Apiil  7""     Tlie  House  met  according  to  adjournment. 

Present 

(  Matiiew  Rowan     Jolm  Rutherford  ^ 

Ti      u     ij.      James  Murray        Francis  Corbin  t^    „  » r       i 

1  he  Hon""       ,  u      n"  tic  Esq'"  Members. 

I  James  Hasell  Jolm  !5wanii  ' 

1^  James  Innes  J 

Mr.  De  Rosset  and  Mr.  Briec  Brought  up  a  Bill  to  explain,  and  amend 
an  act  intituled  an  Act  for  impowering  the  several  Commissioners  herein 
after  named  to  make,  mend  and  repair  all  roads,  Bridges,  Cuts,  and  water 
Courses  already  laid  out  or  hereafter  to  be  laid  out,  in  the  Several  Coun- 
ties and  Districts  herein  After  Appointed  in  such  manner  as  they  Judge 
most  useful  to  the  publick.  In  the  General  Assembly  read  the  first 
time  and  passed     In  this  House  read  the  first  time  and  passed. 

Mr.  De  Rosset  and  Mr.  Dawson  Brought  up  a  Bill  for  the  better 
establishing  the  Church  for  erecting  of  Schools,  and  for  granting  to  his 
Majesty  certain  rates,  and  Duties  for  the  Support  of  the  Same.  In  the 
General  Assembly  read. the  first  time  and  passed 

Then  tjie  House  adjourned  till  three  o'clock  in  the  afternoon 

Vol.  4—122 


1322  COLONIAL  RECORDS. 


The  House  met  according  to  arljournment. 
Present 
fMathew  Rowan     Jolin  Rutherford 

T'K    u     ue      James  Murray       Franc'is  Corbin       \  ^^    „  -.^      , 
inc  Hon"'  -    J  XT      n"         T  1      a  >  Lsci"  Members. 

I  James  HaselJ         Jolin  bwann  ' 

(^  James  Innes  J 

Mr.  Kerney  and  Mr.  Houston  Brought  up  a  Bill  to  divide  the  Parish 
of  Edgec'omb  In  the  General  Assembly  read  the  first  time  and  passed 
In  this  House  read  the  first  time  and  passed. 

Mr.  Sampson  and  Mr.  Ash  Brought  up  the  following  Bills. 

A  Bill  for  dividing  pai't  of  Granville,  Johnston,  and  Bladen  Counties 
into  a  County  and  Parish  by  the  name  of  Orange  County,  and  S' 
Mathews  Parish,  and  for  appointing  Vestry  men  for  the  said  Parish,  and 
other  purposes  therein  mentioned  In  the  General  Assembly  read  the 
first  time  and  passed.  ' 

The  Bill  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smiths 
Creek  &c. 

The  Bill  to  amend  and  extend  an  act  to  Appoint  Inspectors  &c 

In  the  general  Assembly  read  the  Bills  the  second  time,  and  passed 
with  Amendments 

The  Bill  for  the  establishment  of  the  Church,  and  erecting  Schools  &c 
In  this  House  read  the  first  time  and  passed. 

The  Bill  to  Divide  Granville  Johnston  and  Bladen  into  a  County,  by 
the  Name  of  Orange  County  &c  In  this  House  read  the  first  time  and 
passed  with  Amendments 

The  Bill  to  encourage  Caleb  Granger  to  build  A  Bridge  over  Smiths 
Creek  &c  In  this  House  read  the  Second  time,  and  passed  with  Amend- 
ments 

Then  the  House  adjourned  till  tonioi-r<iw  morning  Nine  o'clock 

Wednesday  A]iril  8"'     The  House  met  according  to  adjourmnent 

Pi'esent 

('  Matliew  Rowan     John  Rutherford  ^ 

rni      IT     1,1,.      James  Murray        Francis  Corbin         -rj.    „  Ar      i 
Fhc  Hon''"-       T  nT      n"  T  u     Q  -  Lsn"  Members. 

.James  Hasell  John  Swann  • 

[^  James  Innes  j 

Mr.  Harris  and  Mr.  Eaton  Brought  up  the  following  Bills  (viz') 
A  Bill  for  appointing  a  Treasurer  in  the  Counties  of  Currituck,  Pas- 
quotank, Perquimons,  Chowan,  Tyrrel,  Ba-tie,  Edgecomb,  Northamp- 
ton, and  Granville,  and  for  continneing  an  Act,  intituled  an  Act  to  ap- 
point a  ])ublick  Treasurer  in  the  room  of  Eleaz?i-  Allen  Esq"  deceased. 


('()I.()NIAL  RECOJJDS.  i;}2;} 


A  Bill  to  amciiil  an  Act  intituled  an  Act  tor  rcgiilatinjj  a  I^ilotagc  at 
Cape  Fear  River  ami  to  empower  the  Captain  of  Fort  Jolin-^ton,  at  tlie 
mouth  of  the  River  to  examine  all  vessels,  entring  the  sai<i  Rivei',  con- 
cerning the  health  of  their  Crew  on  hoard  tiie  said  ^^essels.  In  the  iicu- 
eral  Assembly  read  the  first  time  and  passed 

The  Bill  for  dividing  part  of  Granville,  Johnston  and  Bladen  into  a 
County  and  Parish  by  the  name  of  Orange  County  and  S'  MathewV 
Parish  In  the  General  Assembly  read  the  second  time  and  |)assed  with 
amendments 

The  Bill  to  amend  and  extend  an  Act,  to  apppoint  Insjteetors  Read 
a  second  time  in  the  House,  and  passed  with  amendments 

Then  the  House  adjouiMied  till  live  o'Clock  this  Evening 

The  House  met  according  to  adjournment. 
I^resent 
TMathew  Rowan  John  Rutherford  ~j 

^n      u     bie      James  Murray      Francis  Coibin       \  ^     ,, .,      , 
i he  Hon"'"       ,  u       n"       t  i      c  Esq"  Members 

I  .James  Hasell        John  I^wann.  (         ' 

I  James  Innes  J 

The  Bill  for  appointing  a  Publiek  Treasurer  for  the  Counties  of  Cur- 
rituck &  Pasq"  &c     In  this  House  Read  and  passed 

The  Bill  to  amend  an  Act  for  Regulating  the  Pilotage  at  Cape  Fear 

In  this  House  read  said  Bills  the  first  time  and  passed 

The  Bill  for  dividing  Granville  Johnstone  and  Bladen  into  a  Countv 
and  Parish  by  the  name  of  Orange  County  and  St  Mathew's  Pai-ish  <tc 
In  this  House  read  the  second  time  and  passed  with  Amendments. 

Mr.  Kerney  and  Mr.  Haywood  Brought  up  the  Bill  to  encourage  Calei> 
Grainger,  to  build  a  Bridge  over  Smiths  Creek.  In  the  general  Assem- 
bly read  the  third  time,  and  passed  with  Amendments.  In  this  House 
read  the  third  time,  and  passed.     Ordered  to  be  sent  down  and  engrossed 

Also  the  Bill  to  divide  the  Parish  of  Edgcomb  In  the  General  As- 
sembly read  the  second  time,  and  passed  with  Amendments  In  this 
House. read,  and  Ordered  to  lye  upon  the  table. 

Then  the  House  adjourned  'till  to  morrow  morning  nine  o'clock 

Thursday  A])ril  9*     The  House  met  according  to  adjournment. 
Present. 
f  Mathew  Rowan  John  Rutherford  ^ 

Ti      IT     hie      James  Murrav      Francis  Cori)in  t^     „  at      > 

i he  Hon  y xj      ii"       tic  Esq'' Mend3ers 

James  Hasell        Joim  Swann  |         ' 

1^  James  Innes  J  ^ 

Mr.  Brice  and  Mr.  Harris  Brought  up  the  -two  following  Bills  (viz') 
The  Bill  to  amend  and  extend   an  Act,  to  appoint  Inspectors  &c     In 
the  General  Assembly  read  a  third  time,  and  passed  with  Amendments. 


1324  COLONIAL  RECORDS. 


In  this  House  read  the  third  time  and  passexl  Ordered  tiiat  the  same 
1)6  sent  down  and  engrossed. 

Tiie  Bill  to  divide  Granville,  Johnstone,  and  Bladen  into  a  C'ounty, 
and  Parish  &c  In  the  General  Assembly  read  the  third  time,  and 
pas.sed.     In  this  House  read  the  third  time,  and  past. 

Ordered  that  the  same  be  sent  down  &  engrossed 

Mr.  Coutauche  &  Mr.  Harris  Brought  up  the  following  Bills  (Viz') 

The  "Bill  for  appointing  a  Treasurer  for  the  Counties  of  Currituck 
and  Pasquotank  &c'  In  the  General  Assembly  read  the  second  time 
and  passed.  In  tiiis  House  read  the  seeond  time,  and  past,  witli  Amend- 
ments. 

The  Bill  to  amend  and  explain  the  Road  act  <tr.  In  the  General  As- 
sembly read  the  second  time  and  past  with  Amendment^.  In  this 
House  read  the  .second  Time  and  pa.ssed. 

Also  a  Bill  to  facilitate  the  Navigation  of  Port  Batii,  Port  Roanoke 
and  Port  Beaufort  In  the  General  Assembly  read  the  first  time  and 
passed     In  this  House  read  the  first  time  and  passed. 

Then  the  House  Adjourned  till  tomorrow  inorning  nine  o'clock 

Friday  April  Id"'     The  House  met  according  to  adjournment 
Present 
fMathew  Rowan     John  Rutherford  "| 

'PI     TJT     bia     James  Murrav       Francis  Corbin      \  r,    ..j  .,      , 
lheHon'"°      j  tt      n'  t  i      q  hsq"  Members 

.James  Hasell  John  Swann  ' 

1^  James  Innes  J 

Mr.  Ash  and  Mr.  Houston  Brought  the  following  message  (viz') 

Gkntlejien  of  his  Ma.iestie8  Honourahi.e  Councii,. 

The  Chairman  uf  the  Committee  of  publiek  Accounts  having  re- 
ported to  this  House  that  he  has  received  the  sums  of  £1090.17.6  Proc- 
lamation money  arising  by  the  tax  for  sinking  the  Currency  of  this 
Province.  And  there  is  exchanged  this  Session  the  sum  of  £8086. 156. 
old  Bills  of  Credit,  which  by  Law  are  to  be  burned, 

Therefore  this  House  have  appointed  a  Committee  of  the  Whole 
House  in  conjunction  with  such  of  Youi'  Honours  as  you  shall  think 
fit,  to  sec  the  same  burned  at  the  House  [of]  Peter  Caila  near  the 
Church. 

The  House  on  reading  the  above  ^Message  and  Considering  the  same 
thought  fit  to  send  the  following  message  (viz') 

Ml!.  Speaker  and  Gentlemen. 

In  answer  to  your  message  for  Burning  the  sum  <if  £1090  17'  6'' 
Proclamation    monev   arisinu    liv   the  Tax    for  sinkinu-  the  Currenev  of 


CULU:S'1AL  KECOliUS.  1325 


this  Province  &v.   This   House   liavc  resolved   themselves  into  a  Coiii- 
niittee  of  tiie  whole  House  to  -foiii  yours,  and   will   aceordinj^Iy  attend. 

Wliereiiijon  a  Couiinittee  of  the  wiiole  House  |)roceeded  to  the  House  of 
Peter  Caila,  to  meet  the  lower  House,  and  met  in  conjunction  of  both 
Houses,  and  saw  the  Bills  burnt  and  returned  to  the  House  again. 

Mr.  Coutauche  and  Mr.  Bell  Brought  up  their  Navigation  Bill  &c  In 
the  General  Assembly  read  the  second  time  and  jinssed  In  this  House 
read  the  second  time  and  passed. 

Then  the  House  adjourned  till  tomorrow  iiioruinij  Nine  o'clock. 

Saturday  April  11""     The  House  met  according  to  Adjournment. 
Present. 
Olalhew  Ivowan     John  RutlierfonH 

rpi      .r     i,ie     'lamcs  Murrav        Francis  C'orbin         17.     rs  >r      1 
1  lie  Hoii""      T  TT      n'  T  I      o  ,■  ijsq"  Members. 

)  .James  Hasell  Jolin  i->wann  j        ^ 

\  James  Innes  | 

Mr.  Harris  and  Mi'.  Haywood  Brought  up  the  Bill  for  facilitating  the 
Navigation,  &c.  In  the  General  Assembly  read  the  third  time  and 
passed  with  Amendments.  In  this  House  read  the  third  time  anil  past 
Ordered  the  same  to  be  sent  down  and  engro.ssed 

The  Bill  for  appointing  a  Publick  Treasurer  &c  In  tlic  General  As- 
sembly read  the  third  time  and  passed. 

The  Bill  to  Amend  and  exjjlain  the  Road  Act,  &c  In  the  General 
Assembly  read  the  third  time  and  passed  In  this  House  read  the  third 
time  and  passed     Ordered  to  be  sent  ilown  and  engrossed. 

Also  a  Bill  for  appointing  and  laying  out  a  Town  at  Blackman's 
Landing  on  the  West  side  of  Cashey  River  at  a  Plantation  belonging  to 
Joseph  Wimberly.  In  the  General  Assembly  read  the  first  time  and 
pa.ssed.     In  this  House  read  the  first  time  and  pa.ssed. 

Mr.  De  Rosset  and  Mr.  Houston  Brought  up  a  Bill  for  licencing 
Traders,  Pedlars  and  Petty  Chapmen;  and  Granting  to  his  Majesty  a 
Duty  on  Goods,  Wares  and  Merchandize,  to  raise  supplies  for  defraying 
the  neces.sary  Charges  of  Government  In  the  General  Assembly  read 
the  first  time,  and  passed     In  this  House  read  and  passed. 

The  Bill  to  amend  an  Act  for  regulating  the  Pilotage  at  Cape  Fear 
&c.     In  the  General  Assembly  read  the  second  time,  and  passed 

Mr.  Dawson  and  Mr.  Eaton  Brought  up  the  Bill  for  appointing  and 
laying  out  a  Town  at  Blackman's  Land^  &c  In  the  General  Assembly 
read  the  second  time  and  passed. 

Then  the  House  adjourned  till  Monday  morning  nine  o'clock. 


1.326  COLONIAL  RECORDS. 


Monday  April  l''""  1752.     Tlie  House  met  according  to  adjournment. 
Present 

{Matliew  Rowan     .loim  Rutherford  ) 
James  Murray       Francis  Corbiu      V  Esq"  Members 
-lames  Innes  John  Swann  j 

The  Bill  tor  regulating  the  Pilotage  of  Cape  Feare  &c  being  read  on 
Saturday,  and  the  House  upon  considering  and  debating  the  same,  Or- 
dered to  lye  upon  the  Table  until  Monday  Morning,  was  this  day  put  to 
the  House  the  second  time,  past  and  sent  down. 

The  Bill  for  appointing  and  laying  out  a  Town  at  Blackmans  Ijand- 
ing  &c.     In  the  Upper  House  read  the  second  time  and  passed. 
Then  the  Ht)use  Adjourned  till  three  o'clock  in  the  afternoon 

The  House  met  at'cordiiig  to  adjournment. 
Present 

iMathew  Rowan     .John  Rutherford  ~> 
James  Murray       Francis  Corbin      VEsq"  Members 
James  Innes  .lolin  Swann  j 

Mr.  Ash  and  Mr.  Bell  Brought  up  the  following  Bills  (viz') 

The  Bill  to  amend  and  regulate  the  Pilotage  &c. 

The  Bill  to  appoint  and   lay  out  a  Town  on  Blackmans  Landing  &c- 

In  the  General  Assembly  read  the  third  time  and  jiassed  In  this 
House  read  the  third  time  and  passed  Ordered  to  be  sent  down  and 
engrossed. 

Also  a  Bill  for  granting  to  his  Majesty  a  Duty  on  Goods  and  Wares 
&c  and  for  defraying  the  necessary  charges  of  Government  &c  In  the 
General  Assembly  read  the  second  time,  and  passed  with  Amendments 

Mr.  Coutauche  &  Mr.  Barrow  Brought  up  the  reports  of  the  Commit- 
tee of  Accounts  and  Claimes,  Concurred  with  by  the  lower  House ; 
together  with  the  following  (viz') 

Gentlemen  of  his  Majesties  Honourable  Coiincil. 

We  herewith  send  you  the  reports  of  the  Committee  of  Claims  with 
some  allowance  added  therein  by  this  House  and  desire  your  Hono.urs 
Concurrence. 

The  Bill  for  granting  tt)  his  Majesty  a  Duty  on  (joods  and  ^\'ares  &c 
and  for  defraying  the  necessary  Charges  of  Government.  In  this  House 
read  the  second  time,  and  passed  with  Amendments. 

Mr.  Harris  and  Mr.  Howell  Brought  up  the  following  Messsage  (viz') 


COLONIAL  KECORUS.  1327 


Gentlemen  of  his  Majesties  Honoi'rabee  Council. 

Tlie  Treasurer  of  the  Smitherii  Distrk't  hath  informed  tliis  House  that 
he  lias  in  his  hands  £60  17'  Proclamation  Money  which  was  received  for 
Powder  Money  and  remains  unapplied. 

Therefore  have  resolved  that  the  said  Treasurer  out  of  said  £60  17' 
pay  the  expences  of  the  Committees  and  the  Offices  of  both  Houses,  and 
that  the  remainder  with  what  Powder  Money  he  may  receive  from  the 
former  receivers  of  said  Money  of  Port  Bath,  and  Port  Beaufort  be 
applied  towards  discharging  the  Claimes  allowed  by  former  Assemblies. 
And  desire  your  Honours  Concurrence. 

SAMUEL  SWANN  Speaker. 

Then  the  House  Adjourned  till  tomorrow  morning  nine  o'clock 

Tuesday  April  14"'     The  House  met  according  to  Adjournment 
Present, 
r  Mathew  Rowan  John  Rutherford^ 
The  Hon^V  James  Murray     Francis  Corbin     V  Esq"  Members. 
(  James  Innes         John  Swann         j 
Then  the  House  thought  fit  to  send  the  following  message 

Mr.  Speaker  and  Gentlemen 

This  House  has  taken  into  Consideration  a  claim  of  £7  17'  6* 
Proclama  Money  allowed  by  the  Committee  of  Claims  in  September 
1749  to  the  Honourable  Ja'  Murray  Esq"  a  Member  of  this  House  for 
travelling  to  Edenton  in  Order  to  attend  at  a  session  of  Assembly  there 
held  in  November  1743  which  Claim  was  disallowed  by  your  House  by 
reason  Mr.  Murray  did  not  appear  until  the  Assembly  was  prorogued, 
but  he  having  now  produced  a  proper  Certificate  of  his  having  been  in 
a  bad  state' of  Health  at  that  time.  And  as  he  appeared  on  the  very  day 
the  Assembly  was  prorogued,  and  was  never  absent  from  any  other  Ses- 
sion of  Assembly,  when  he  was  in  this  Province  We  are  of  Opinion  the 
said  Claim  ought  to  be  allowed  with  which  we  desire  your  Concurrance. 

Then  the  House  adjourned  till  three  oclock  in  the  afternoon 

Present 
(  Mathew  Rowan  John  Rutherford  ^ 
The  Hon^'V  James  Murray     Francis  Corbin     V  Esq''  Members 
( James  Innes        John  Swann         j 
Mr.  De  Rosset  and  Mr.  Housten  Brought  up  the  Bill  for  granting  to 
his   Majesty  a  Duty  on  Goods  and  Wares  &c  and  for  defraying  the 
Charges  of  Government  &c.     In  the  Lower  House  read  the  third  time 


1328  COLONIAL  RECORDS. 


and  passed  with  amendments  In  the  npper  Honse  read  the  third  time 
and  passed.  Ordered  that  the  same  be  sent  down  &  engrossed  And 
sent  down  with  the  following  message  (viz') 

Mr.  Speaker  and  Gentj^emen 

This  House  having  examined  the  reports  of  the  Committee  of  Claimes 
and  Committee  of  Accounts  has  concurred  with  your  Amendments  and 
desire  the  duplicates  of  the  said  reports  may  be  sent  up.  Which  message 
together  with  the  reports  of  Claims  &  Accounts  was  sent  down  concurred 
with  by  this  House. 

Mr.  Brice  and  Mr.  Calf  Brought  up  the  following  message,  (viz') 

Gentlemen  of  hik  Majesties  Honoxtrable  Council 

We  are  sorrey  we  can't  conciirr  with  your  Message  of  this  Morning 
relateing  to  the  claim  which  was  allowed  by  a  former  committee  of 
Claims  to  the  Hon"'  James  Murray  Esq'  and  then  not  approved  of  but 
disallowed  by  this  House  on  their  examining  the  said  report.  As  we 
dont  find  any  President  or  a  Member  of  either  House  having  been 
allowed  any  claim  in  tiie  like  case,  And  iiave  no  reason  to  apprehend  we 
ought  now  to  make  a  Precedent  in  this  of  the  Honourable  James  Murray 
Esq"  especially  as  the  said  claim  hath  been  already  disallowed  by  this 
House  on  their  examining  the  aforesaid  report,  and  with  which  report 
after  the  said  Claim  was  marked  disallowed  by  this  House  Your  Hon- 
ours concurred  By  Order  SAM  SWANN  Speaker 

Then  the  House  adjourned  till  tomorrow  morning  nine  o'clock 

Wednesday  April' IS""     The  House  met  according  to  adjournment. 
Present. 

{Mathew  Rowan  John  Rutherlbrd  ^ 
James  Murray     Francis  Corbin      V  Esq"  Members. 
James  Innes         John  Swann  j 

His  Excellencv  the  Governor  came  to  this  House  and  sent  a  Message 
to  the  lower  House  commanding  their  immediate  attendance. 

Whereupon,  the  Speaker  attended  by  the  lower  House  waited  upon 
his  Excellency  the  Governor  in  the  Council  Chamber;  And  Mr.  Speaker 
presented  to  his  Excellency  the  following  Bills. 

The  Bill  for  licencing  Pedlars  Traders  and  Petty  Chapmen 
The  Bill  for  facilitating  the  Navigation  of  Port  Bath  Port  Roanoke 
and  Port  Beaufort. 

The  Bill  to  amend  and  extend  an  Act  to  appoint  Inspectors 
The  Bill  for  appointing  a  Treasurer    for   the  Counties  of  Currituck 
Pasquotank  &  Pequimons 


COLONIAL  liECORDS.  1329 


Tlie  Bill  til  amend  and  explain  the  Road  Act  &e. 

The  Bill  for  dividing  part  of  Johnston  Granville  and  Bladen  Coun- 
ties. 

The  Bill  for  appointing  and  laying  ont  a  Town  at  Blackinans  Land- 
ing &e 

The  Bill  to  encourage  Caleb  Grainger  to  Build  a  Bridge  over  Smiths 
Creek  in  New  Hanover  County  &c. 

The  Bill  to  amend  an  act  for  regulating  the  Pilotage  of  Cape  Fear 
River  &c 

To  all  which  Bills  his  Excellency  was  pleased  to  give  his  assent. 
And  then  prorogued  the  Assembly  until  the  second  Tuesday  in  October 
next  to  be  then  held  at  Newbern 


North  Carolina — ss. 

At  a  General  Assembly,  begun  and  held  at  Newbern,  the  Twelfth  Day 
of  June,  in  the  Nineteenth  Year  of  tiie  Reign  of  our  Sovereign  Lord 
George  the  Second,  by  the  Grace  of  God,  of  Great  Britain,  France,  and 
Ireland  King,  Defender  of  the  Faith,  &"  and  in  the  Year  of  our  Lord 
One  Thousand  Seven  Hundred  Forty  seven ;  and  from  thence  continued, 
by  several  Prorogations  to  tire  Thirty  First  Day  of  March  in  the  Year 
of  our  Lord  One  thousand  Seven  hundred  and  Fifty  Two  in  the  Twenty 
Fifth  year  of  his  said  Majestys  Reign  Being  the  Eleventh  Session  of 
this  present  General  Assembly. 

Tuesday,  March  31"  1752. 

It  appearing  to  this  House  by  Certificate  from  the  Clerk  of  the  Crown, 
That  Mr.  John  Ash  is  elected  a  Member  to  serve  in  this  present  General 
Assembly,  for  the  County  of  New  Hanover,  in  the  Room  of  Mr.  John 
Swann;  and  that  Mr.  Robert  Harris  is  elected  a  Member  to  serve  in  this 
present  General  Assembly  for  the  County  of  Granville,  in  the  Room  of 
Mr.  Edward  Jones,  (late  Member  of  that  County)  deceased. 

His  Excellency  the  Governor  was  pleased  to  prorogue  this  Assembly 
until  Tliursday  next,  being  the  [second]  Day  of  April,  to  be  then  held  at 
Bath-Town. 

Thursday  April  2°''  1752.     The  House  met  according  to  Prorogation. 

Mr.  James  Calf,  one  of  the  Members  for  Hyde  County  appeared. 

His  Excellency  tiie  Governor  sent  a  Message  to  this  House,  command- 
ing the  immediate  Attendance  thereof  in  the  Council  Chambei-. 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governor,  in 
the   Council    Chamber,   where  his  Excellency  was  pleased  to   make  a 


1330  COLONIAL  RECORDS. 


Speech   to  both   Houses  of  Assembly,  and  delivered   the  same  to  Mr. 
Speaker. 

The  House  returned,  when  Mr.  Speaker  produced  his  Excellency's 
Speech  which  is  ordered  to  be  read.  Read  the  same  Ordered,  The  same 
be  entered  in  the  Journal  of  this  House  The  same  is  done  &  is,  as  fol- 
lows, viz 

Gentlemen, 

When  I  proi-ogued  you  to  this  time  and  Place,  1  never  doubted  but 
we  should,  before  now,  have  had  an  Account  of  the  Issue  of  those 
important  points  which  have  been  so  long  in  Dispute  before  the  Boards 
at  Home.  I  am  indeed  satisfied  in  my  own  mind,  that  they  are  already 
determined,  tho'  the  Shipping  not  arriving  at  the  usual  Time  keeps  us  in 
Ignorance  of  the  Decision;  but  notwithstanding  this  Disappointment,  I 
did  not  think  it  proper  that  this  Opportunity  of  making  some  further 
wholesome  Laws  and  Provisions  for  the  Peace  and  Happiness  of  this 
Province  should  be  lost;  the  Reformation  of  so  many  Abuses  and  Enor- 
mities which  have  so  long  prevailed  among  us,  must  in  the  Nature  of 
Things  be  a  Work  of  Time,  and  carried  on  gradually;  and  I  am  confi- 
dent from  your  past  Behaviour,  you  will  not  fail  to  make  some  Progress 
in  it  on  this  Occasion  and  as  you  are  sensible  this  Session  must  on  many 
Accounts  be  a  short  one,  I  Hope  your  Diligence  and  Assiduity  will  be 
the  greater. 

Gentlemen 

I  must  recommend  to  you  in  particular  to  take  the  most  effectual 
Measures  for  promoting  Religion  and  Virtue  and  suppressing  Vice  and 
Immorality,  which  are  come  to  such  a  dreadful  Height  in  this  Province. 
I  desire  you  in  a  special  Manner  to  take  into  your  Consideration  the 
barbarous  and  inhuman  Manner  of  Boxing  which  so  much  prevails 
among  the  lower  Sort  of  People ;  this  Practice  is  attended  with  Circum- 
stances of  Cruelty  and  Horror,  and  is  really  shocking  to  human  nature; 
and  I  have  been  informed  of  no  less  than  four  Persons  who,  within  these 
Two  years  have  come  to  a  violent  Death  by  this  atrocious  Custom :  I 
am  afraid  the  Laws  now  in  Being  are  defective  in  this  Affair,  and  as  you 
are  the  Guardians  of  the  Lives  and  Properties  of  his  Majesty's  Subjects, 
it  is  in  my  Opinion,  your  Duty,  by  a  Particular  Law,  to  put  a  stop  to 
such  bloody  and  horrid  Quarrels. 

The  House  adjourned  till  thi'ee  o'clock  Afternoon. 

P  M     The  House  met  according  to  Adjournment 


COLONIAL  RECORDS.  1331 


Andrew  Conner  is  appointed  Doorkeeper  to  this  Honse,  in  the  Room 
of  James  Derhani,  Peter  Caila  is  appointed  Messenger  to  this  House,  in 
the  Room  of  Benjamin  Fordham 

Mr.  John  Ash,  the  Member  elected  to  serve  in  this  present  General 
Assembly  for  the  County  of  New  Hanover,  in  the  Room  of  Mr.  John 
Swann,  who  was  appointed  one  of  the  Members  of  his  Majestys  hon- 
ourable Council,  and  Mr.  Robert  Harris,  the  Member  elected  to  serve  in 
this  present  General  Assembly  for  the  County  of  Granville,  in  the  Room 
of  Mr.  Edward  Jones  deceased,  appeared  and  took  the  Oaths  by  Law 
for  tiieir  Qualification,  subscribed  tlie  Test,  and  took  their  Seats  in  the 
House. 

Mr.  John  Starkey  moved,  that  a  Committee  be  appointed  to  prepare 
an  Address  in  Answer  to  his  Excellency  the  Governor  his  Speech,  and 
the  following  Persons  were  accordingly  appointed,  viz 

Mr.  John  Starkey,  Mr.  John  Ash,  and  Mr.  Wyriott  Ormond. 

Mr.  Starkey  moved,  that  a  Committee  be  appointed  to  examine,  state, 
and  settle  the  public  Accompts  of  this  Province  and  the  following  Per- 
sons were  accordingly  appointed,  viz 

Mr.  Lewis  De  Rosset,  Mr,  Thomas  Kearney,  Mr.  Wyriott  Ormond, 
Mr.  William  Eaton,  and  Mr.  Joseph  Bell. 

Mr.  Ormond  moved,  that  a  Committee  be  appointed  to  settle  and 
allow  the  public  Claims  of  this  Province,  and  the  following  Persons 
were  accordingly  appointed  viz 

Mr.  John  Starkey,  Mr.  John  Dawson,  Mr.  John  Sampson,  Mr.  Mi- 
chael Coutaiich,  Mr.  John  Ash,  Mr.  Samuel  Sinclare,  and  Mr.  John 
Haywood. 

Ordered,  That  the  following  Message  be  sent  to  his  Majesty's  Coun- 
cil, viz 

Gentlemen  of  hls  Majesty's  Honourable  Council, 

We  have  appointed  the  following  Persons  Committee  of  the  public 
Accompts  and  Claims,  viz  Mr.  De  Rosset,  Mr.  Kearney,  Mr.  Ormond, 
Mr.  Eaton,  and  Mr.  Bell  on  the  public  Accompts;  and  Mr.  Starkey, 
Mr.  Dawson,  Mr.  Coutauch,  Mr.  Sampson,  and  Mr.  Ash,  Mr.  Sinclare, 
and  Mr.  Haywood,  on  the  public  Claims  in  Conjunction  with  such 
Members  of  your  House,  as  your  Honours  shall  think  fit 

By  Order.  S.  SWANN,  Speaker. 

Sent  by  Mr.  De  Rosset,  and  Mr.  Ash. 

Tiie  House  adjourned  till  tomorrow  Nine  o'clock. 

Friday,  April  3"''',  1752.  The  House  met  according  to  Adjourn- 
ment. 


1332  COLONIAL  RECORDS. 


Mr.  Starkey  presented  to  the  Hou.se,  the  Petition  of  several  of  the 
Inhabitants  Freeholders  of  the  upper  Parts  of  Chowan  and  Pequimons 
Counties;  setting  forth,  the  Hardships  they  endure  by  being  obliged  to 
attend  the  County  Courts  of  Chowan  and  Pequimons  Counties;  Pray- 
ing to  be  divided  from  the  said  Counties  and  erected  into  a  County  and 
Parish  &c 

Ordered,  that  the  same  be  referred  for  Consideration  until  the  next 
Assembly. 

Mr.  Ash  reported  from  the  Committee  appointed  to  prepare  an  Ad- 
dress in  Answer  to  his  Excellenev'the  Governor's  Speech  that  the  said 
Committee  had  prepared  the  same,  which  he  read  in  his  Place. 

Ordered,  that  the  same  be  engrossed,  which  is  done,  and  is  as  follows, 
viz 

To  his  Excellency  Gabriel  Johnston  Esq"  Captain-General,  Commander 

in  Chief  &  Governor  in  and  over  the  Province  of  North  Carolina. 

The  Humble  Address  of  the  General  Assembly  of  the  said  Province. 
May  it  Please  your  Excellency. 

The  Pleasure  of  Meeting  your  Excellency  in  General  Assembly  at  tJiis 
time,  would  have  been  greatly  augmented,  could  we  have  been  informed 
of  the  fate  of  our  AiFair  which  have  been  so  long  in  Agitation  at  the 
Boards  at  home;  We  would  willingly  hope  that  whenever  the  Determi- 
nation of  his  Royal  Majesty  and  his  Ministers  are  made  known  to  us, 
our  known  Duty  to  the  Crown  will  engage  us  chearfully  to  acquiesce, 
and  that  not  only  our  Disputes  which  have  been  too  much  fomented  will 
subside,  and  the  Causes  of  them  be  totally  obliterated,  but  also  the 
Peace,  Harmony,  and  the  long-wish'd  for  Coalition  of  ail  Parties  imme- 
diately ensue. 

We  agree  with  your  Excellency  that  this  Session  must  inevitably  be 
very  short,  as  the  Season  of  the  year  requires  the  Attendance  of  most  of 
ns  on  our  Plantations ;  yet  we  assure  your  Excellency,  that  we  intend 
with  our  wonted  Assiduity,  Unanimity,  and  Dispatch,  to  proceed  in  the 
public  Business,  not  only  to  supply  what  appears  to  us  defective  in  any 
of  our  Laws,  and  to  enforce  the  due  Execution  of  those  already  made ; 
but  also  to  frame  such  others  as  shall  be  judged  needful  and  consistent 
with  the  Circumstances  of  our  Constituents,  whereby  the  public  Wor- 
ship of  Almighty  God  may  be  effectually  supported,  the  virtuous  Edu- 
cation of  our  Youth  promoted,  our  Trade  and  Navigation  enlarged  and 
encouraged,  and  the  Peace  and  Welfare  of  this  wide  extended  Province 
in  every  Instance  cultivated  and  improved  the  furthering  such  laudable 
Designs   will   best  speak   us  the  Guardians  of  a   free  People,   and   we 


COLONIAL  RECORDS.  13;i:3 


doubt   not,  from   former  Experience,  to  have  your  Excellency's  ready 
Concurrence 

Received  from  tlie  Council  the  following  Message  viz 

Mr.  Speaker  and  Gentlemen, 

The  House  on  reading  your  Message  of  this  Day,  regarding  the  Com- 
mittee of  Accorapts  and  Claims,  thought  fit  to  appoint  the  following 
Persons,  Members  of  this  House  to  join  those  of  yours,  viz.  the  Hon- 
ourable James  Murray  and  Francis  Corbin  Esq"  on  the  Accompts; 
and  the  Honourable  James  Hasell  and  John  Swann,  Esq"  of  the 
Claims. 

Tiie  House  adjourn'd  till  3  o'clock  Afternoon. 

P.  M.     The  House  met  according  to  Adjournment 

His  Excellency  the  Governor  sent  a  Message  to  this  House,  com- 
manding their  immediate  Attendance  in  the  Council  Chamber,  with  their 
Address. 

The  House  in  a  full  Body  waited  on  his  Excellency  in  the  Council 
Chamber,  when  Mr.  Speaker  presented  his  Excellency  the  Address  of 
this  House 

The  House  returned 

The  House  adjourn'd  til  tomorrow  morning  nine  o'clock. 

Saturday,  April  4"'  1752.  Tlie  House  met  according  to  Adjourn- 
ment. 

Mr.  Starkey  moved  for  Leave  to  bring  in  a  Bill  to  amend  and  extend 
an  Act  to  appoint  Inspectors  in  New  Hanover  County  and  for  regulating 
the  Exports  at  Cape  Fear 

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

Mr.  Starkey  brougiit  in  the  abovesaid  Bill,  which  he  read  in  iiis 
Place. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council 

Mr.  Houston  moved  for  Leave  to  Bring  in  a  Bill,  to  open  and  clear 
the  Upper  Part  of  Black  River,  and  the  North  East  Branch  of  Cape 
Fear  River,  in  Duplin  County. 

Ordered,  That  he  have  Leave,  and  that  lie  prepare  and  Bring  in  tlic 
same 

Mr.  Houston  brought  in  the  abovesaid  Bill,  which  he  read  in  his 
place. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council 


1334  COLONIAL  RECORDS. 


Sent  the  above  two  Bills  to  the  Council,  by  Mr.  Briee  ami  Mr.  De 
Rosset. 

Mr.  De  Rosset  moved  for  leave  to  bring  in  a  Bill,  to  encourage  Caleb 
Grainger  to  build  a  Bridge  over  Smiths  Creek,  near  the  Place  known  by 
the  Name  of  Smiths  Ferry  in  New  Hanover  County. 

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

Mr.  De  Rosset  brougiit  in  the  abovesaid  Bill,  which  he  read  in  iiis 
Place. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council 

Sent  the  said  Bill  to  the  Council    by  Mr.  Sampson  and   Mr.  Dawson. 

The  House  adjourned  til  Monday  morning  Nine  o'clock. 

Monday,  April  (3""  1752.     The  House  n)et  according  to  adjournment. 

Mr.  Ormond  moved  for  Leave  to  bring  in  a  Bill,  to  appropriate  and 
apply  Two  Thousand  Pounds,  Current  Bills  of  Credit  called  and  rated 
at  Proclamation  Money,  which  is  in  the  Hands  of  Thomas  Barker,  Gen- 
eral Public  Treasurer  of  the  Northern  District  of  this  Province,  for  the 
erecting  of  Beacons  .setting  up  Stakes  and  Marks  to  make  known,  and 
point  out  the  several  Channels  from  Ocacock  Inlet,  over  the  Shoals  to 
Bath  Town,  and  from  the  said  Inlet  up  to  Newbern ;  and  also  from  the 
said  Inlet  up  to  Edenton,  to  facilitate  the  Trade  and  Navigation  of  the 
Northern  Parts  of  the  Government  and  for  regulating  the  Pilots  belong- 
ing to  the  said  Ports  and  Places. 

Ordered,  Tiiat  he  have  Leave,  and  that  he  prepare  and  bring  in  the 
same. 

Mr.  Ormond  brought  in  the  abovesaid  Bill,  wliich  he  read  in  his 
Place. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council 

Sent  the  same  to  the  Council,  by  Mr.  Coutauch  and  Mr.  MTvewean. 

The  House  adjourned  til  tomorrow  morning  nine  o'clock. 

Tuestiay  A[)ril  7""  1752     The  House  met  according  to  Adjournment. 

Mr.  Sampson  moved  foi-  Leave  to  l)riiig  in  a  Bill,  to  cxj)lain  and 
amend  an  Act  entituled,  an  Act  for  empowering  the  several  Commis- 
sioners herein  after  named,  to  make,  mend,  and  repair  all  Roads  Bridge.*, 
Cuts  and  Water  courses  already  laid  out,  or  hereafter  to  be  laid  out,  in 
the  .several  Counties  and  Districts  herein  after  appointed  in  such  Manner 
as  they  judge  most  useful  to  the  Public 

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

Mr.  Sampson  brought  in  the  .said  Bill,  which  he  read  in  his  Place. 


r 


COLONIAL  RECORDS.  1:335 


Ordered,  Tliat  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  above  said  Bill  to  the  Council,  by  Mr.  Do  Rosset  and  Mr. 
Brice. 

Mr.  De  Rosset  moved  for  Leave  to  bring  in  a  Bill,  for  the  better 
establishing  of  the  Church,  for  erecting  of  schools,  and  for  granting  to 
his  Majesty  several  Rates  and  Duties  for  the  support  of  the  same. 

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

Mr.  De  Rosset  brought  in  the  above  said  Bill,  which  he  read  in  his 
Place. 

Ordered,  Tliat  the  same  pass,  and  be  sent  to  the  C'ouncij. 

Sent  the  above  said  Bill  to  the  Council,  by  Mr.  De  Rosset  and  Mr. 
Dawson. 

Received  from  the  Council  the  following  J5ills  viz. 

The  Bill,  to  open  and  clear  the  Upper  Part  of  Black-River  and  the 
North  East  of  Cape  Fear  River  &c. 

The  Bill,  to  amend  and  extend  an  Act,  to  appoint  Inspectors  in  New 
Hanover  County,  &c 

Endorsed  in  the  Upper  House  read  the  first  time  and  passed. 

And  the  Bill  to  explain  and  amend  the  Road  Act  &c  I]ndorse<l  in 
the  Upper  House  read  the  first  time  and  passed. 

And  the  Bill,  to  encourage  Caleb  Grainger  to  build  a  Bridge  over 
Smith  Creek,  in  New  Hanover  County  Endorsed,  In  the  l^pper  House, 
read  the  first  time  and  passed. 

Mr.  Kearney  moved  for  Leave  to  liring  in  a  Bill,  to  divide  the  Parish 
of  Edgecomb. 

Ordered,  That  he  have  Leave,  and  that  he  preijare  and  bring  in  the 
same. 

Mr.  Kearney  brought  in  the  abovesaid  Bill,  which  he  read  in  his 
Place. 

Ordered,  That  the  same  pass,  and  be  .sent  to  the  Council. 

Sent  the  above  Bill  to  the  Council,  by  Mr.  Kearney  and  Mr.  Houston. 

Mr.  M°Lewean  informed  this  House,  that  he  had  received  several  . 
Abuses  from  one  John  Gatlin  last  Night  in  Regard  to  his  Character 
which  is  in  Contempt,  and  a  Breach  of  the  Privileges  of  this  House; 
Therefore  moved  that  Mr.  Speaker  issue  his  Warrant  to  take  the  said 
John  Gatlin  in  Custody,  and  bring  him  to  the  Bar  of  this  House  to 
answer  the  .said  Contempt. 

Mr.  Sjieaker  issued  his  Warrant  accordingly,  and  directed  the  same 
to  Peter  Caila,  Messenger  to  this  House. 


1336  COLONIAL  RECORDS. 


Peter  Caila,  the  Messenger  to  this  House,  in  Virtue  of  the  abovesaid 
Warrant,  brougiit  before  this  House  the  said  John  Gatlin,  who  was  then 
charged  by  Mr.  M'Lewean  with  speaking  very  abusive  words  of,  and 
tending  towards  lessening  his  Character;  but  it  appearing  to  this  House, 
that  the  said  John  Gatlin  is  much  intoxicated  with  liquoi-,  he  was  there- 
fore ordered  to  be  kept  in  Custody  of  the  said  Messenger  until  Tonior- 
row,  and  to  be  brought  to  the  Bar  of  tliis  House  to  answer  for  such  his 
Contempt  as  aforesaid 

Tiie  House  adjourned  til  Three  o'clock  in  the  Afternoon. 

\ 

P.  M.     The  House  met  according  to  Adjournment. 

Mr.  Harris  moved  for  Leave  to  bring  iu  a. Bill,  for  dividing  Part  of 
Granville,  Johnston,  and  Bladen  Counties  into  a  County  and  Parish,  by 
the  Name  of  Orange  County  and  St  Matthews  Parish  and  for  appointing 
Vestrymen  for  the  said  Parish,  and  other  Purposes  therein  mentioned 

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

Mr.  Harris  brought  in  the  abovesaid  Bill,  which  he  read  in  iiis  Place 

Ordered  That  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  same  to  the  Council  by  Mr.  Ash  and  Mr.  Sampson 

Ordered,  That  the  following  Bills  be  read,  viz 

The  Bill  to  amend  and  extend  an  Act,  to  appoint  Inspectors  in  New 
Hanover  County,  and  for  regulating  the  Exports  of  Cape  Fear,  which 
passed  the  second  time,  with  Amendments.  , 

The  Bill,  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smiths 
Creek  Ferry,  in  New  Hanover  County;  which  also  passed  the  second 
time,  with  Amendments 

Ordered,  That  the  above  two  Bills  be  sent  to  the  Council 

Sent  the  al)ove  two  Bills  to  the  Council,  by  Mr.  Ash  and  Mr.  Sani])- 
son. 

Mr.  Dawson  produced  a  Certificate  from  the  County  Court  of  North- 
ampton, thereby  certifying,  that  William  Barden  is  very  poor,  and  in- 
capable of  doing  any  Labour;  recommending  him  as  a  Person  worthy 
to  be  exempt  from  paying  any  public  taxes,  and  doing  any  public  Labour 

Ordered,  That  he  be  exempt  accordingly 

Mr.  Dawson  produced  a  Certificate  from  the  County  Court  of  North- 
ampton, thereby  certifying,  that  David  Jones  is  aged  and  poor,  and  not 
able  to  do  public  Services  nor  pay  public  taxes 

Ordered  That  he  be  exempt  from  paying  public  Taxes  and  working 
on  the  Roads  &c 


COLONIAL  RECOKDS. 


-Mr.  Ormoiul  produced  a  CVitificatc  fmni  the  County  Court  of  Beau- 
t'dit,  tliereby  certifyino;,  that  William  Kelly  is  both  old  aud  a  Cripple, 
and  thereby  rendered  incapable  of  getting  his  Living,  aud  reconiniend- 
iug  him  to  this  House  to  be  exem])t  from  paying  Parish,  County  and 
Public  Taxes 

Ordered,  That  lie  be  exempt  accordingly 

The  House  adjourn'd  til  Tomorrow  Nine  O'clock. 

Wednesday,  April  8"'  17")2.  The  House  met  according  to  adjourn- 
ment 

Received  from  the  Council  the  following  Bills  viz 

The  Bill,  for  establishing  the  Church  for  erecting  Schools  Endorsed, 
In  the  Upper  Flouse,  read  the  first  time  aud  passed. 

The  Bill  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smith's 
Creek,  in  New  Hanover  County  &c  Endorsed,  In  the  U])per  House, 
read  tlie  second  time  and  passed. 

And  the  Bill,  for  dividing  Part  of  Granville  Johnston  and  Bladen 
Counties,  into  a  Comity  &  Parish  &v  Endorseil,  In  tiie  Upper  House, 
read  the  second  time  and  passed. 

Mr.  De  Rosset  moved  for  Leave  to  bring  in  a  Bill,  to  amend  an  Act, 
for  regulating  the  Pilotage  at  Cape  Fear  River  to  examine  all  Vessels 
entering  the  said  River,  concerning  the  Health  of  their  Crews  on  board 
the  said  Vessels 

Ordered  That  he  have  Leave  and  that  he  prepare  and  bring  in  the 
same 

Mr.  De  Rosset  brought  in  the  said  Bill,  which  he  read  in  his  place 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council 

Mr.  Ormond  moved,  that  the  Bill,  for  establishing  the  Church,  for 
ere'cting  Schools  &c  hp  read  a  second  time  and  was  seconded  by  j\Ir.  Sin- 
elare 

Mr.  Sampson  moved,  that  the  said  Bill  lie  upon  the  table  for  Consid- 
eration, and  was  seconded  by  Mr.  Ash.  After  several  Arguments 
thereon,  and  the  (Question  being  put.  Whether  tlie  said  Bill  be  re^d  a 
second  time  or  not?  It  passed  in  the  Negative. 

Ordered,  That  same  lie  on  the  Table  for  Consideration 

Peter  Caila  brought  to  the  Bar  of  this  House,  John  Gatlin  agreeable 
to  the  order  of  Yesterday,  to  answer  a  Breach  of  the  Priviledges  of  this 
House,  regarding  the  Abuse  committed  by  him  to  Mr.  M'Lewean,  one 
of  the  Members  of  tiiis  House;  The  said  John  Gatlin  having  confessed 
the  same  it  was  therefore  ordered,  That  the  said  John  Gatlin  do,  at  the 
Bar  of  this  House,  on   his  Knees,  ask   Pardon   of  the   House  and  Mr. 


1338  COLONIAL  RECORDS. 


M^Lewean  for  his  Offence,  which  he  did  accordingly ;  Then  was  by  the 
House  ordered  to  be  discharged  from  his  Confinement,  paying  Fees. 

Mr.  Daw.son  moved  for  Leave  to  bring  in  a  Bill,  for  appointing  a 
Treasurer  for  the  Counties  of  Currituck,  Pasquotani<  Pequimons, 
Chowan,  Tyrell,  Bertie,  Edgecomb,  Northampton,  and  Granville 

Ordered,  That  he  have  Iveave,  and  that  he  prepare  and  bring  in  tiie 


same. 


Mr.  Dawson  brought  in  the  abovesaid  Bill,  which  he  read  in  his  Place. 

Ordered  that  the  same  pass,  and  be  sent  to  the  Council 

Read  the  Bill  for  dividing  Part  of  Granville,  Johnston  and  Bladen 
Counties  into  a  County  and  Parish  Ac  the  second  Time  and  passed  with 
Amendments. 

Ordered  that  the  said  Bill  be  sent  to  the  Council 

Sent  the  above  three  Bills  to  the  Council,  by  Mr.  Harris  &  Mr.  Eaton. 

Tiie  House  adjourned  til  Three  O'Clock  Afternoon 

P  M     The  House  met  according  to  adjournment. 

Ordered,  That  the  following  Bill  be  read  a  Third  Time 

The  Bill,  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smiths 
Creek,  in  New  Hanover  County,  &c 

Read  the  said  Bill  a  third  time,  and  passed,  witli  Amenduients 

Ordered,  that  the  same  be  sent  to  the  Council 

Sent  the  above  Bill  to  the  Council  by  Mr.  Kearney  and  Mr.  Haywood 

Received  from  the  Council,  tiie  Bill,  to  amend  and  explain  an  Act,  to 
appoint  Inspectors  in  New  Hanover  County  &c  Endorsed,  In  the 
Upper  House,  read  the  second  time  and  pas.sed,  with  Amendments 

Ordered,  that  the  Bill,  to  divide  the  Parish  of  Edgecomb,  be  read  a 
second  time. 

Read  the  Bill  a  second  time,  and  passed  with  amendments 

Ordered  that  the  same  be  sent  to  the  Council 

Sent  the  same  to  the  Council,  by  Mr.  Kearney  and  Mi-.  Haywood 

Received  from  the  Council  the  following  Bills  viz 

The  Bill  for  dividing  Part  of  Granville,  Johnston  and  Bladen  Coun- 
ties into  a  C^ounty  and  Parish-  &c  Endorsed,  In  the  Upper  House,  read 
the  second  time  and  passed  with  Amendments 

The  Bill,  for  appointing  a  Treasurer  for  the  Counties  of  Curwtnck, 
Pasquotank,  Pequimons,  Chowan  &c 

The  Bill,  to  amend  an  Act,  for  regulating  the  Pilotage  of  Cape  Fear 
River  <fec 

Endorsed,  In  the  Upper  House,  read  the  first  time,  and  jiassed 


COI.ONIAL  RECOKDS.  1339 


And  the  Bill  to  encourage  Caleb  Grainger  to  build  a  Bridge  over 
Smiths  Creek,  in  New  Hanover  County,  &c  Endorsed,  In  the  Upper 
House,  read  tiie  third  time  and  passed. 

Ordered  that  the  same  be  Engrossed 

The  House  adjourned  til  tomorrow  Morning  Nine  O'clock. 

Thursday,  April  9,  1752.     The  House  met  according  to  adjournment. 

Ordered,  That  the  Bill  for  dividing  Bladen,  Granville  and  Johnston 
Counties,  into  a  Coiuity  and  Pari.sh  &c  be  read  the  third  Time 

Read  the  said  Bill  the  third  time  and  pa.ssed  with  Amendments. 

Ordered  that  the  same  be  sent  to  the  Council. 

Ordered,  That  the  Bill,  to  explain  and  amend  an  Act,  to  appoint 
Inspectoi's  in  New  Hanover  County,  be  read  the  third  time. 

Read  the  said  Bill  the  third  time,  and  passed  with  Amendments. 

Ordered,  That  the  same  pass,  and  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Council,  by  Mr.  Brice  and  Mr.  Harris 

Mr.  Coutauch  moved  for  Leave  to  Bring  in  a  Bill  for  facillitating  the 
Navigation  of  Poit  Bath,  Port  Roanoke  and  Port  Beaufort. 

Ordered,  that  he  have  Leave  and  that  he  prepare  and  bring  in  the 
same 

Mr.  Coutaucii  brouglit  in  the  abovesaid  Bill,  which  he  read  in  his 
place. 

Ordered  that  the  same  pass  and  be  sent  to  the  Council 

Ordered,  That  the  following  Bills  be  read  the  third  time  viz 

The  Bill,  for  appointing  a  Treasurer  for  the  Counties  of  Currituck, 
Pasquotank  Pequimons  Chowan  &c 

Read  the  abovesaid  Bill  tiie  third  time,  and  passed  with  Amendments 

Ordered,  That  the  above  two  Bills  be  sent  to  the  Council 

Received  from  the  Council  the  following  Bills  viz 

The  Bill  to  amend  and  extend  an  Act,  to  appoint  Inspectors  in  New 
Hanover  County  and  for  regulating  the  Exports  at  Cape  Fear 

And  the  Bill,  for  dividing  Part  of  Granville,  Johnston  and  Bladen 
Counties,  into  a  County  and  Parish  &c  Endorsed,  In  the  Upper- 
House,  read  the  third  time  and  passed. 

Ordered,  That  the  said  two  Bills  be  Engrossed 

Ordered,  That  the  following  Bills  be  read  a  second  time 

The  Bill  to  amend  and  explain  the  Road  Act. 

Read  the  said  Bill  a  second  time  and  passed  with  Amendments 

Ordered,  That  the  same  be  sent  to  the  Council 

Sent  the  same  to  the  Council  by  Mr.  Coutauch  and  Mr.  Harris 


1340  COLONIAL  RECORDS. 


Read  the  Bill,  to  araeiid  au  Act,  for  regulating  the  Pilots  at  Cape 
Fear,  the  second  time;  upon  which  Mr.  De  Rosset  moved,  that  the  said 
Bill  pass;  which  was  objected  by  Mr.  Ormoud,  who  moved,  that  the 
said  Bill  lie  on  the  Table  for  Consideration ;  Whereupon  the  Question 
was  put  whether  the  said  Bill  pass  or  not?  which  passed  in  the  Nega- 
tive 

Ordered,  That  the  said  Bill  lie  on  the  table  foi'  Consideration 
The  House  adjourned  til  tomorrow  morning  Nine  o'clock. 

Friday  April  10,  1752.     The  House  met  according  to  Adjournment 

Received  from  the  Council  the  Bill,  for  appointing  a  Public  Treas- 
urer for  the  Counties  of  Currituck,  Pasquotank  Pequiraons  &c  En- 
dorsed, In  the  Upper  House  read  the  second  time  and  passed,  with 
Amendments 

The  Bill,  to  explain  and  amend  the  Road  Act  ttc  Endorsed  In  the 
upper  House  read  the  second  time  and  passed. 

And  the  Bill,  for  facilitating  the  Navigation  of  Port  Bath,  Port  Roan- 
oke, and  Port  Beaufort  Endorsed,  in  the  Upper  House  read  the  first 
time  and  passed. 

Mr.  Ormond  moved,  tiiat  a  Committee  be  appointed  to  Consider  of 
Ways  and  Means  for  laying  a  tax  to  defray  the  Contingent  Charges  of 
Government  J  and  prepare  a  Bill  for  the  same,  and  was  seconded  by  Mr. 
Houston.  Mr.  Sinclare  objected  to  the  said  Motion,  and  was  seconded 
by  Mr.  Sampson ;  upon  which  the  Question  was  put  Whether  a  Com- 
mittee be  appointed  or  not?  and  passed  in  the  Affirmative. 

Ordered,  That  a  Committee  be  appointed  to  consider  of  Ways  and 
Means  for  laying  a  tax  to  defray  the  contingent  Charges  of  Govern- 
ment, and  to  prepare  a  Bill  for  the  same ;  and  the  following  Persons 
were  accordingly  appointed,  viz  Mr.  Starkey,  Mr.  Ormond,  Mr.  Ash, 
Mr.  Haywood,  and  Mr.  Calf. 

Mr.  De  Rosset  moved  for  Leave  to  bring  in  a  Bill,  to  encourage  the 
Postmaster-General  to  establish  a  Post  Office  in  this  Province 

Ordered,  That  he  have  Leave,  and  that  lie  prepare  and  bring  in  the 
same. 

Mr.  De  Rosset  brought  in  the  above  said  Bill,  and  moved  that  the 
same  Pass. 

Mr.  Ormond  objected  thereto,  and  moved,  that  the  said  Bill  lie  on 
the  table  for  Consideration;  Upon  which  the  Question  was  put,  whether 
the  said  Bill  pass  or  not?  and  was  carried  in  the  Negative 

Ordered,  That  the  same  lie  on  the  table  for  Consideration 

Mr.  Sinclare  acquainted  this  House,  that  Mr.  James  Davis  the 
Printer,  hath   neglected   his   Duty,   in   not   sending   the   .several    Laws, 


COLONIAL  RECORDS.  1.341 


Journals,  and  so  forth,  to  the  several  Counties,  and  so  forth,  whieh  by 
Law  he  ought  to  have  done ;  Tlierefore  moved,  that  the  said  James  Da- 
vis be  sent  for  at  his  own  expence,  and  appear  before  this  House  to 
answer  for  such  his  Neglect ;  and  tliat  Mr.  Speaker  issue  his  Warrant 
accordingly 

The  House  adjourned  for  three  iiours 

The  House  met  according  to  adjournment. 

Mr.  William  Eaton,  Chairman  of  the  Committee  of  Accompts  re- 
ported as  follows,  viz.  That  there  has  been  paid  into  the  Hands  of  him, 
the  said  Chairman  by  the  Public  Treasurer,  the  sum  of  One  Thousand 
and  Ninety  Pounds,  Seventeen  Shillings  and  Sixpence,  Proclamation 
Money,  on  Account  of  the  Tax  for  sinking  the  Currency  of  this  Prov- 
ince; and  the  Sum  of  Eight  Thousand  Four  Hundred  and  Eighty  Six 
Pounds,  Fifteen  Shillings  and  Sixpence  of  the  old  Money,  which  has 
been  exchanged  this  Session,  for  those  of  the  late  Emission  :  Therefore 
moved.  That  the  same  be  burnt  and  that  this  House  would  appoint  a 
Committee  thereof  to  see  the  same  doue  in  Conjunction  with  those  of  the 
Council  as  they  shall  think  fit  to  appoint. 

-Ordered,  That  the  said  Bills  be  burnt,  and  that  a  Conuuittee  of  the 
whole  House  be  appointed,  in  Conjunction  with  such  of  the  Council  as 
they  shall  think  fit  to  appoint  to  see  the  same  done  accordingly ;  and 
that  the  following  Message  be  sent  to  the  Council. 

Sent  the  following  Message  to  the  Council  viz 

Gentlemen  of  his  Majesty's  Honourable  Council. 

The  Chairman  of  the  Committee  of  Public  Accompts  having  reported 
to  this  House,  that  he  hath  received  the  Sum  of  1090'  17=  6''  Proclama- 
tion Money,  arising  by  the  Tax  for  sinking  the  Currency  of  this  Prov- 
ince; and  that  there  is  exchanged  this  Session,  the  Sum  of  8486'  15*6'' 
old  Bills  of  Credit,  which  by  Law  are  to  be  burnt  Therefore  this  House 
have  appointed  a  Committee  of  the  whole  House  in  Conjunction  with 
such  of  your  Honours  as  you  shall  think  fit,  to  see  the  same  burnt  this 
Evening,  at  the  House  of  Peter  Caila,  near  the  Church 

By  Order.  S.  SWANN,  Speaker. 

Ordered,  That  the  Bill,  for  facilitating  the  Navigation  of  Port  Bath, 
Port  Roanoke  and  Port  Beaufort  be  read  the  second  time. 

Read  the  said  Bill  the  second  time,  and  passed  with  Amendments 
Ordered,  That  the  same  Pass,  and  be  sent  to  the  Council. 
Sent  the  same  to  the  Council  by  Mr.  Coutauch  &  Mr.  Bell 
Received  the  following;  message  from  the  Co>uicil  viz. 


1342  COLONIAL  RECORDS. 


Mr.  Speaker,  and  Gentlemen. 

In  answer  to  your  Message  foT  burning  the  Sum  of  1090'  17"  G""  Procla- 
mation Money  arising  by  the  Tax  for  sinking  the  Currency  of  this  Prov- 
ince &c  This  House  have  resolved  themselves  into  a  Committee  of  the 
whole  House  to  join  yours,  and  will  attend  accordingly. 

The  House  adjourned  'till  to  morrow  morning  Nine  o'clock. 

Saturday  April  11,  1752.  The  House  met  according  to  Adjourn- 
ment. 

Ordered,  That  the  following  Bills  be  read  a  Third  Time  viz 

The  Bill  to  amend  and  explain  the  Road  Act 

The  Bill  for  appointing  a  Public  Treasurer  for  the  Counties  of  Cur- 
rituck Pasquotank  Pequimons  &" 

The  Bill  for  facilitating  the  Navigation  of  Port  Bath  Port  Roanoke, 
and  Port  Beaufort,  which  is  amended 

Ordered,  That  the  above  three  Bills  be  sent  to  the  Council 

Mr.  Thomas  Kearney  moved  for  Leave  to  bring  in  a  Bill  for  appoint- 
ing and  laying  out  a  Town  at  Blackman's  Landing 

Ordered,  That  he  have  Leave,  and  that  he  prepare  and  bring  in  the 
same 

Mr.  Kearney  brought  in  the  said  bill  which  he  read  in  his  place 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council 

Sent  the  above  four  Bills  to  the  Council,  by  Mr.  Harris  and  Mr. 
Hey  wood 

Mr.  Ormond  moved  for  Leave  to  bring  in  a  Bill,  for  licensing  Tra- 
ders, Pedlars  and  Petty  Chapmen,  and  granting  to  his  Majesty  a  Duty 
on  Goods  Wares  and  Mei'chandizes  to  raise  Supplies  for  defraying  the 
necessary  charges  of  Government 

Ordered  That  he  have  Leave,  and  that  he  Prepare  and  bring  in  the 
same 

Mr.  Ormond  brought  in  the  said  Bill,  which  he  read  in  his  Place. 

Ordered,  That  same  pass,  and  be  sent  to  the  Council- 

Mr.  De  Rosset  moved,  That  the  Bill,  to  amend  an  Act  for  regulating 
the  Pilotage  of  Cape  Fear  &°  which  was  ordered  to  lie  on  the  Table, 
after  reading  a  second  time  on  Thursday  last,  might  pass  this  House  and 
be  sent  to  the  Council  after  some  Amendments  made  therein 

Ordered  that  the  said  Bill  pass,  and  be  sent  to  the  Council 

Sent  the  above  two  Bills  to  the  Council  by  Mr. and  Mr. 

Mr.  Starkey,  Chairman  of  the  Committee  of  Claims  reported.  That 
the  Committee  had  settled  and  allowed  several  Claims,  which  he  laid 
before  this  House 

Ordered,  That  the  same  be  read. 


COLONIAL  RECORDS.  1343 


Read  the  same,  and  after  several  Allowances  added  therein  by  this 
House,  Resolved  That  the  House  assent  thereto,  and  that  the  said  Report 
and  a  Message  therewith  be  sent  to  the  Council  for  their  Concnrrence  to 
the  said  Report. 

Received  from  the  Council  the  following  Bills  viz. 
The  Bill  for  licensing  Traders,  Pedlars,  and  petty  Chapmen  &c     En- 
dorsed in  the  Upper  House,  read  the  first  time  and  passed 

The  Bill  for  appointing  a  Treasurer  for  the  Counties  of  Currituck, 
Pasquotank,  Pecpiimons  Chowan  &c 

The  Bill  for  facilitating  the  Navigation  of  Port  Bath  Tort  Roanoke 
and  Povt  Beaufort. 

The  Bill,  to  explain  and  amend  the  Road  Act  &c 
Endorsed,  In  the  Upper  House  read  the  first  time  and  passed. 
Ordered,  That  the  last  abovesaid  three  Bills  be  Engrossed 
Ordered,  That  the  Bill,  for  appointing  and  laying  out  a  town  at  Black- 
man's  Landing,  be  read  a  Second  Time     Read  the  said  Bill  a  second 
time,  and  passed  with  Amendments 

Ordered,  That  the  same  be  sent  to  the  Council 
Sent  the  same  to  the  Council,  by  Mr.  Dawson  and  Mr.  Eaton 
Sent  the  Reports  of  the  Committee  of  Claims  to  the  Conncil  for  their 
C'oncurrence,  and  also  the  following  Message  viz 

Gentlemen  of  h-is  Ma.jesty's  Honourable  Council 

We  herewith  send  you  the  Report  of  the  Committee  of  Claims,  with 
several  Allowances  made  by  this  House  added  therein  by  this  House, 
and  desire  your  Concurrence  therein 

By  order  S.  SWANN  Speaker 

The  House  adjourned  till  Monday  Morning  nine  o'clock 

Monday  April  13,  1752.     The  House  met  according  to  Adjournment 
Mr.  Eaton  Chairman   of  the  Committee  of  Accompts   reported,  that 

they  had  settled  the   Accompts  of  several    of  the  Accomptants  to  this 

Province,  which  he  produced  to  the  House. 
Oixlered  the  same  be  read. 

Read  the  same,  and  made  several  Alterations  therein 
Ordered,  that  the  same  be  sent  to  the  Council  for  their  Concurrence 
Mr.  Ormond  moved.  That  the  Bill   for   licensing  Traders  Pedlars  &c 

be  read  a  second  time.     Read  the  said  Bill  the  second  time  and  amended 

the  same 

Ordered,  That  the  same  pass  and  be  sent  to  the  Council. 

Mr.  Haywood  moved,  Tiiat  the  Bill,  for  appointing  and  laying  out  a 

town  at  Blackman's  Ijanding  etc  l)e  read  the  third  time. 


1344  COLONIAL  RECORDS. 


Ordered,  That  the  said  Bill  be  read  the  third  time. 

Read  the  said  Bill  the  third  time. 

Ordered  that  the  same  pass  and  be  sent  to  the  Council. 

Sent  the  above  two  Bills  to  the  Couneil  by  Mr.  Ash  and  Mr.  Bell. 

Mr.  James  Davis,  Printer  appeared  pursuant  to  a  Warrant,  issued  by 
Mr.  Speaker  agreeable  to  the  Resolve  of  this  House  on  Friday  last  and 
presented  the  following  Petition  viz. 

To  the  Worshipful  Mr.  Speaker,  and  Gentlemen  of  the  House  of  Bur- 
gesses. 

The  Humble  Petition  of  James  Davis  Printer  Sheweth 
That  in  Obedience  to  a  Warrant  Issued  by  the  Speaker  of  the  House 
to  take  him  your  Petitioner,  into  Custody  to  appear  before  this  House, 
to  answer  for  his  several  Neglects  dnd  Omissions,  in  not  sending  the  sev- 
eral Laws  to  the  several  Counties  in  this  Province,  he  now  attends  in 
Custody  and  for  Answer  to  the  said  Allegations  against  him  says,  That 
the  Journals  Speeches  and  Addresses  of  every  Session  of  Assembly,  since 
he  has  been  employed  by  the  Province,  has  been  regularly  printed  and 
delivered  out  by  himself  to  the  Members  at  the  next  succeeding  session. 
That  the  Laws  at  each  Session  has  been  printed  with  all  Convenient 
Speed  and  sent  by  him  to  the  several  Counties,  tho'  not  by  any  express 
Messenger,  therefore  he  can't  pretend  to  say  they  have  received  them. 

That  your  Petitioner  has  always  printed  a  larger  number  of  Laws  than 
would  Supply  the  several  Counties  for  Fear  of  Miscarriages,  and  has 
always,  upon  Notice  from  any  County  of  their  not  receiving  them,  sent 
them  a  second  and  sometimes  a  third  time. 

That  your  Petitioner  would  be  very  glad  to  know  the  sense  of  this 
House  whether  he  must  send  a  special  Messenger  throughout  this  Prov- 
ince with  the  Laws ;  that  if  he  must  it  will  make  a  Considerable  Reduc- 
tion in  his  Salary  so  much,  that  it  will  scarce  be  worth  his  while  to  keep 
a  Press,  especially  as  his  whole  Salary  is  not  much  above  half  what  every 
other  Public  Printer  in  America  has,  and  tiie  Public  Business  of  this 
Province  not  much  inferior  to  other  Governments,  and  very  much 
increases 

That  your  Petitioner  is  heartily  sorry  the  Laws  for  so  many  Counties 
have  miscarried  especially  as  some  of  them  were  of  Consequence,  and 
humbly  hopes  this  House  will  not  construe  this  Neglect  in  so  severe  a 
Light  as  is  in  their  Power  as  he  will  for  the  future  take  such  measures  as 
shall  be  effectual  in  the  Transmission  of  the  Laws  to  the  several  Coun- 
ties; he  therefore  prays  to  be  discharged  out  of  Custody  with  such  cen- 
sure as  the  House  shall  please  to  inflict  ujion  him;  and  your  Petitioner 
as  in  Duty  bound,  shall  ever  pray. 


OLONIAL  RECORDgp  1345 

W 


Tlie  House  proceeilod  to  consider  the  Subject  Matter  of  the  said  Peti- 
tion, and  after  several  Debates  thereon,  the  House  resolved,  Tliat  tlie 
said  James  Davis  be  reprimanded  by  Mr.  Spealcer,  for  tlie  Neglect  of  his 
Duty  in  his  Office  and  then  be  discliarged,  paying  the  Fees. 

Mr.  Speaker  reprimanded  Mr.  Davis  and  directed  him  not  to  omit 
.sending  the  Laws  and  Copies  of  the  Journals  of  the  General  Assembly 
to  the  Members  tiiereof,  and  Justices  of  the  several  Counties  &c  as  by 
Law  he  ought  to  do. 

Ordered,  That  he  be  discharged,  paying  the  Fees. 

Mr.  Ash  moved.  That  the  Bill  to  amend  an  Act,  for  regulating  the 
Pilotage  at  Cape  Fear,  &c  be  read  the  third  time. 

Ordered,  that  the  said  Bill  be  read  a  third  time.  Read  the  said  Bill 
the  third  time 

Ordered,  that  the  same  pass,  and  be  sent  to  the  Council 

Sent  the  same  to  the  Council,  by  Mr.  Ash  and  Mr.  Bell. 

The  House  adjourn'd  till  Four  o'clock  Afternoon. 

P.  M.     The  House  met  according  to  Adjournment. 

Received  from  the  Council  the  following  Bills  viz. 

The  Bill,  for  appointing  and  laying  out  a  Town  at  Blackman's  Land- 
ing &c 

And,  the  Bill,  to  amend  an  Act,  for  regulating  the  Pilotage  at  Cape 
Fear  &c 

Endorsed,  In  the  Upper-House,  read  the  third  time,  and  passed. 

Ordered,  that  the  said  Bills  be  Engrossed. 

Ordered,  that  the  following  Message  be  sent  to  the  Council,  viz. 

Gentlemen  of  his  Majesty's  Honourable  Council, 

We  here  with  send  you  the  Reports  of  the  Committee  of  public 
Accompts,  which  this  House  have  amended,  and  desire  your  Honours 
Concurrence  therein.  By  Order  S  SWANN  Speaker. 

Mr.  John  Starkey  acquainted  this  House,  that  Mr.  John  Carruthers, 
late  Member  for  Neif  bern,  is  dead,  and  moved,  that  his  Excellency  the 
Governor  be  addressed  to  direct  the  Clerk  of  the  Crown  to  issue  a  Writ 
to  elect  one  other  Person  to  serve  in  this  Present  General  Assembly,  in 
the  Room  of  the  deceased. 

Ordered,  that  the  following  Message  be  sent  to  his  Excellency  the 
Governor,  viz 

Vol.  4—123 


1346  COLONIAL  RECORDS. 


May  it  Please  your  Excellency 

This  House  being  informed,  that  Mr.  John  Carruthers,  late  member 
for  Newberne,  is  dead ;  therefore  desire  j^our  Excellency  woidd  be 
pleased  to  order  the  Clerk  of  the  Crown  to  issue  a  Writ  to  elect  a  Mem- 
ber to  sit  and  vote  in  this  present  General  Assembly,  in  the  Room  of  the 
said  Mr.  John  Carruthers,  deceased. 

By  order,  S.  SWANN,  Speaker. 

Mr.  Starkey  acquainted  this  House,  that  the  Sum  of  60'  17'  Procla- 
mation Money,  is  in  his  Hands,  which  was  received  for  Powder  Money, 
and  unapplied. 

Resolved,  That  the  said  Mr.  Starkey  out  of  the  said  Money  pay  the 
Officers  of  both  Houses,  and  the  Expences  of  the  Committees  of  this 
Session,  and  that  the  Remainder  together  with  what  Powder  Money  he 
may  receive  from  the  former  Receivers  of  the  Powder  Money  arising  in 
Port  Bath  and  Port  Beaufort,  be  applied  towards  discharging  tiie  Claims 
allowed  by  former  Assemblies. 

Ordered,  That  the  following  Message  be  sent  to  the  Council  viz 

Gentlemen  of  his  Majesty's  Honourable  Council. 

The  Treasurer  of  the  Southern  District  hatli  informed  this  House, 
that  he  bath  in  his  Hands  Sixty  Pounds  Seventeen  Shillings  Proclama- 
tion money,  which  was  received  for  Powder  Money  and  remains  unap- 
plied ;  therefore  have  resolved,  that  the  said  Treasurer,  out  of  the  said 
Sixtv  Pounds  Seventeen  Shillings,  pay  the  expenses  of  the  Committees, 
and  the  Officers  of  both  Houses;  and  that  the  Remainder  together  with 
what  Powder  Money  he  may  receive  from  the  former  Receivers  of  said 
Money,  of  Port  Bath  and  Port  Beaufort,  be  applied  towards  discharge- 
ing  the  claims  allowed  by  former  Assemblies,  and  desire  your  Honours 
Concurrence  thereto. 

Sent  the  above  Message  by  Mr.  Harris  and  Mr.  Howell. 
Received  from  the  Council  the  Bill  for  licensing  Traders  Pedlars  &c 
Endorsed  in  the  Upper  House,  read  the  second  Tim^  with  Amendments. 
The  House  adjourn'd  til  tomorrow  Morning  Nine  o'clock. 

Tuesday,  April  14,  1752  The  House  met  according  to  Adjourn- 
ment. 

The  House  adjourned  for  an  Hour. 

The  House  met  according  to  Adjournment 

Ordered,  That  the  Bill,  for  licensing  Traders,  Pedlars,  etc  be  read  the 
third  time 

Read  the  said  Bill  tiie  third  time,  and  amended  tiie  same. 


COLONIAL  RECORDS.  W  L347 


/ 


Received  the  following  Message  from  the  Council,  viz 

Mr.  Speaker,  and  Gentlemen, 

This  House  has  taken  into  Consideration  a  claim  of  Seven  Pounds 
Seventeen  Shillings,  Proclamation  Money  allowed  by  the  Committee  of 
Claims  in  September  1749  to  the  Honourable  James  Murray,  Esq;  a 
Member  of  this  House,  for  travelling  to  Edenton,  in  Order  to  attend  at 
a  Session  of  Assembly  there  held  in  November  1743,  wliich  Claim  was 
disallowed  by  your  House,  by  Reason  Mr.  Murray  did  not  appear  until 
the  Assembly  was  prorogued  but  he  having  produced  to  this  Board  a 
proper  Certificate  of  his  having  been  in  a  bad  State  of  Health  at  that 
time,  and  as  he  appeared  on  the  very  day  the  Assembly  was  prorogued, 
and  was  never  absent  from  any  other  Assembly  when  he  was  in  this 
Province;  we  are  of  opinion  that  the  said  claim  ought  to  be  allowed,  to 
which  we  desire  your  Concurrence. 

Mr.  Sinclare  moved,  that  the  Bill,  for  licensing  Traders,  Pedlars,  &c 
lie  on  the  Table  for  Consideration,  and  was  seconded  by  Mr.  Barrow; 
the  said  Motion  being  objected  to  by  Mr.  Ash,  and  moved,  that  the  said 
Bill  pass,  and  was  seconded  by  Mr.  De  Rosset;  upon  which  the  Ques- 
tion was  put.  Whether  the  said  Bill  lie  for  Consideration  or  pass?  And 
after  several  Debates  thereon.  Resolved,  that  the  said  Bill  pass,  and 
ordered  to  be  sent  to  the  Council. 

Sent  the  said  Bill  to  the  Council,  by  Mr.  De  Rosset  and  Mr.  Hous- 
ton. 

The  House  adjourned  til  four  o'clock  Afternoon 

P.  M.     The  House  met  according  to  Adjournment 
Received  from  the  Council   the  Bill,  for  licensing  Traders,    Pedlars 
&c.     Endorsed  in  the  Upper  House,  read  the  third  time  and  passed. 
Ordered  the  same  be  engrossed. 
Ordered,  That  the  following  Message  be  sent  to  the  Council  viz. 

Gentlemen  of  his  Majesty's  Honourable  Council, 

We  are  sorry  we  can't  concur  with  your  Message  of  this  Morning, 
relating  to  the  Claim  which  was  allowed  by  a  former  Committee  to  the 
honourable  James  Murray  Esq ;  and  then  not  approved  of,  but  disal- 
lowed by  this  House  on  their  examining  the  said  Report,  as  we  don't 
find  any  Precedent  of  a  Member  of  either  House  having  been  allowed 
any  Claim  in  the  like  Case,  and  have  no  Reason  to  apprehend  we  ought 
to  make  a  Precedent  in  this  of  the  honourable  James  Murray  Esq; 
especially  as  the  Claim  hath  been  already  disallowed  by  this  House,  on 


1348  COLONIAL  RECORDS. 


their  examining  the  aforesaid  Report,  and  with  which  Report,  after  the 
said  Claim  was  marked  (disallowed)  by  this  House,  your  Honours  con- 
curred. 

Sent  by  Mr.  Brice  and  Mr.  Calf. 

The  House  adjourn'd  'til  tomorrow  Morning  Seven  O'clock. 

Wednesday,  April  15,  1752.  The  House  met  according  to  Adjourn- 
ment. 

Received  from  the  Council  the  Message  of  this  House,  of  Mon- 
day last,  regarding  the  Appropriation  of  the  Sixty  Pounds  Seventeen 
Shillings  in  the  Hands  of  Treasurer  of  the  Southern  District  Endorsed, 
In  the  Upper  House  concurred  with,  so  far  only  as  concerns  the  Pay- 
ment of  the  Expenses  of  the  Committee  and  Officers  of  both  Houses. 

His  Excellency  the  Governor  sent  a  Message  to  this  House,  command- 
ing their  immediate  Attendance  in  the  Council  Chamber  with  what  Bills 
were  engrossed. 

The  House  in  a  full  Body  waited  on  his  Excellency  the  Governor  in 
the  Council  Chamber,  when  Mr.  Speaker  presented  the  following  en- 
grossed Bills,  viz 

The  Bill,  for  licensing  Traders,  Pedlars,  and  petty  Chapmen 
The  Bill  for  facilitating  the  Navigation  of  Port  Bath  Port  Roanoke, 
and  Port  Beaufort. 

The  Bill,  to  amend  and  extend  an  Act  to  appoint  Inspectors, 
The  Bill,  for  appointing  a  Treasurer  for  the   Counties  of  Currituck 
Pasquotank  &c 

And  the  Bill  to  explain  and  amend  the  Road  Act,  &c 

The  Bill,  for  dividing  Johnston,  Granville,  and  Bladen  Counties 

The  Bill,  for  appointing  and  laying  out  a  town  at  Blackmau's  Land- 

i"g- 

The  Bill,  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smiths 
Creek,  in  New  Hanover  County 

The  Bill,  to  amend  an  Act,  for  regulating  the  Pilotage  of  Cape  Fear 
&c 

To  which  nine  Bills  his  Excellency  was  pleased  to  assent;  then  pro- 
rogued this  Assembly  until  the  second  Tuesday  in  October  next,  to  be 
then  held  at  Newbern. 

Mr.  Speaker  with  the  House  returned,  and  pronounced  the  Proroga- 
tion accordingly.