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Full text of "The colonial records of North Carolina"








UNIVERSITY 






OF PITTSBURGH 


1 










LIBRARY 


1 



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Digitized by the Internet Archive 

in 2009 with funding from 

University of Pittsburgh Library System 



http://www,archive.org/details/colonialrecordso04nort 




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. 


£250 




" 


0. 


£223 




" 


0. 


£150 




" 


0. 


£ 2 




10 " 





£ 84 




" 


0. 


C 




00 " 


0. 


18 




00 " 


0. 


5 




00 " 





84 




00 " 





5 




00 " 





23 




2 " 


6 


17 




00 " 





40 




" 


0. 


41 




15 " 





32 




12 " 


6 


2 




00 " 


0. 


4 




00 " 


0. 


3 




10 " 


0. 


18 




00 " 


0. 


12 




00 " 


0. 


6 




15 " 





20 




00 " 


0. 



100 



00 



6 " 


00 " 





2 " 


5 " 


0. 


16 " 


16 " 





285 " 


00 " 


0. 


176 " 


5 " 


6 


150 " 


00 " 





17 " 


17 " 





5 " 


00 " 





1 " 


10 " 





11 " 


5 " 





9 " 


3 " 


6 


10 " 


6 " 





5 " 


00 " 





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 


(( 





2 " 


10 


a 





.3 " 


15 


(( 





3 " 


15 


" 





1 " 


5 


a 





1 " 


5 


a 





1 " 


5 


u 





2 " 


10 


11 





1 " 


5 


a 





1 " 


5 


11 





2 " 


10 


It 





1 " 


5 


" 





1 " 


5 


" 





1 " 


5 


a 





1 " 


5 


" 





1 " 


5 


a 





1 " 


5 


li 





1 " 


5 


ti 





1 " 


15 


u 





1 " 


15 


<i 





3 " 


5 


a 





2 " 


5 


(I 





2 " 


5 


" 






.389 



2828 
2695 



1300 



1 " 11 
and find 

10 " 
10 " 



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 " 

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 " " 

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 



" 


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 " " 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. " 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. " 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. " 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 " " 

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 " " — 

CLERK OF THE CHURCH OF ENGLAND HIS FEES. 

Attendance at Funerals 

The Ground of each Grave 

Attendance at every Marriage 

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 " 





3 " 


— 


2 " 


6 


3 " 





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 

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 ' 


' " 





1 ' 


' 5 " 





' 


' 10 " 





' 


' 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 " " " 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 " 

pences and Disbursements J 

By Personal Service 58 Days at ") ^^^g „ " " 58 " " 
20° p"' Diem Exchange as above J 

Total £ 841 " 8 " 6 120 " 4 " 

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 " 66 " " 
Sterling Exchange as above J 



Total £521 " 2 " 6 74 " 8 " 11 

" 17 " " 11 " 



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 " 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 " 





521 " 2 " 


6 


74 ' 


' 8 " 


11 


66 " 17 " 





9 ' 


' 11 " 






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' " 10 " 

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