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Full text of "The colonial records of North Carolina"

UNIVERSITY 
OF PITTSBURGH 



.<\\OF/A, 



LIBRARY 



Digitized by tine Internet Arciiive 

in 2009 with funding from 

University of Pittsburgii Library System 



http://www.archive.org/details/colonialrecordso05nort 



THE 



COLONIAL RECORDS 



NORTH CAROLINA CCoU^, 



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



COLLECTED AND EDITED 
BY 

WILLIAM L. SAUNDERS 

SECRETARY OK STATE 



VOL V-1T32 TO 17511 



RALEIGH 
.lOSEPHUS DANIELS, PRINTER TO THE STATE 

18S7 



t 



13 A^ 
V.5 



Copyright 18S7by William L. Saunders, Secretary of State, 
for the benefit of the State of North Carolina. 



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



PREFATORY NOTES TO FIFTH VOLUME. 



The fifth and sixth volumes cover the period from the death of Gov- 
ernor Johustou to the death of Governor Dobbs in March, 17G5. 

Upon the death of Governor Johnston, which, it will be remembered, 
took place on the 17th July, 1752, Nathaniel Rice, the President of the 
Council, became ex officio Commander-in-Chief of the Province, l)ut his 
career as Chief Executive was both brief and uneventful, almost the only 
thing worthy of note during his administration being the visit of Bishop 
Spangenburg to the Province and the location by him of the lands bought 
from Earl Granville for the Moravian settlement. 



President Rice, who was old and feeble, died on the 29th of Ji 

1753, and Matthew Rowan, as "next in Council," took the oal 
office as President and Commander-in-Chief of the Province, and 
tinned to exercise the duties of Chief Executive until the 31st Octo 

1754. The other members of the Council were James Murray, James 
Hasell, James Innes, John Rutherford, John Swann and Lewis 
DeRosset. James Murray was made Secretary of theProvince. 

President Rowan, though of Scotch descent, was doubtless of Irish 
birth. According to Burke's Dictionary of the Landed Gentry of Great 
Britain and Ireland, the Rowan family was established in the parish of 
Govan, in the county of Lanark, in Scotland, as early as 1548. In 
1661, however, the Rev. Andrew Rowan, eldest son of John Rowan, of 
Govan, was inducted into the rectory of Dunaghy, diocese of Connor, 
County Antrim, in Ireland, and died in 1717. His second son, Rev. 
John Rowan, married Margaret Stewart, of County Down, and had 
issue — 1, John; 2, Andrew; 3, Alexander; 4, Stewart; 5, Matthew; 
6, William; 7, Robert, a clergyman in Ireland; 8, Hugh; 9, Achesou. 
In his will, which was made on 1 8th April, 1760, just before his death, and 
which is now of record in the office of the Secretary of State, President 
Rowan, then of New Hanover county, made bequests to children of his 
brotiiers Andrew, Acheson and M'illiam, by name. 




PREFATORY NOTES. 



At what time President Rowan first came to North Carolina is not 
definitely known. He appears first on our records as one of the church 
wardens for the parish at Bath, in 1726, and next as a member of the 
Assembly in 1727. His name is also upon a list of persons recom- 
mended in London by Governor Burrington, on 6th August, 1730, to 
the Board of Trade for seals at tlie Council Board, and later in the year, 
in the formal instructions to Governor Burrington from the King, as one 
of the persons who were to constitute the Council of the Province. For 
some years he lived at the town of Bath as a merchant, and dealt in 
" Irish goods," for which he made voyages to and from the old country. 
In November, 1733, Governor Burrington, as an evidence of the amount 
of coin in circulation in the Province, stated that Mr. Rowan had told 
him that he had "caryed to Ireland above one hundred pounds silver 
money in a voyage," money that had been taken in at Bath. 

On the 17th January, 1732, in the town of Edenton, he was duly 
sworn into office as a member of the Council, of which he continued a 
member until his death, and of which for seven years he was President. 
He was also the Surveyor-General of the Province, and, in 1735, was 
one of the Commissioners appointed to run tlie boundary between North 
and South Carolina. His last appearance in public aifairs was, so far as 
our records show, in 1760, when, on the 9tii January, he sat as President 
of the Council. 

During President Rowan's administration there were two sessions of 
the Legislature, the first on 27th March, 1753, and continuing till the 
12th April following; the second on 19th February, 1754, and continu- 
ing till 9th March following. 

Called to the head of the government at a critical juncture in the 
affiiirs of tiie Province, President Rowan seems to have acted with vigor, 
directed by prudence and a wise discretion, so much so as to draw forth 
commendation from the authorities in England without alienating the 
affections of the people in the Province. 



On the 31st October, 1754, Arthur Dobbs, who, on the 25th January, 
1753, had been appointed Governor of the Province, arrived in New-Bern 
and took the oaths of office. 





Governor 1 
seems best corrotioea!C6a;i»ML issa^i tUccowim.t: 

April, 1689. In 1720 he was High Shcrifl' 

the county in which it will 1" i i i 

also a member of Parliamen > 

Engineer and Surveyor-CjtCMK I I 

He was best known to the |.nil)lic, ! 

the Northwest Passage. Nor w;i 

hav^ing in 1729 published a work ( 

of Ireland"; in 1744 another called "Captain MiddJeton's. 

and in 1745 still another called "An Accmint of the Countri^ 

ing to the Hud.son's Bay. 

He reached Hampton, Virginia, on the 6th October, 1754 
ship-of-war Garland, after a passage of ten weeks, from Plymouth, in 
England, during which a violent storm was encountered, causing the 
main-mast to be lost and the fore-mast to be sprung. On the next day he 
set out for Williamsburg, where he remained until the 23d of that month. 
From there he made his way to New-Bern, where he arrived on the 
31st, having lost one day at Edentou "by a contrary wind so fresh that 
the ferry-boat could not pass the ferry, which was above eight miles 
over." President Rowan and Mr. Murray, of the Council, met him at 
Bath and returned with him to New-Bern, where he took the oaths of 
office in the presence of such members of the Council as could be 
assembled. 

In some respects, the time of Governor Dobbs's arrival was an auspi- 
cious one, coming as he did when the Province, tired of strife, was 
anxious for harmony. A foreign war, too, then actually in progress, was 
as usual dwarfing all mere local issues, and accustoming the people to act 
together in a common cause. Besides, Dobbs having been one of the 
original complainants against Johnston, there was room to hope for better 
things, and so when he came he was received with open arms. It was 
the habit, too, of the people to welcome a new Governor with the 
greatest courtesy and hospitality, as if unwilling to pass judgment upon 
him before giving him an opportunity to develop his character and pur- 
poses. Governor Dobbs was especially fortunate, moreover, in bringing 



PREFATORY NOTES. 



over with him the King's order disallowiDg or repealing Governor 
Johnston's act of 1746, taking away from the northern counties their 
right of representation in the Legislature. With the call of a Legisla- 
ture, which he proceeded at once to make, recognizing in full the rights 
of those counties, so long denied them, peace seemed at once to be 
restored, and this, too, in spite of the fact that he brought with him 
another royal order that, if enforced, would have created very great con- 
fusion and universal dissatisfaction in the Province. The point at issue, 
in this last order, was the right of the Legislature to authorize counties 
to elect members of the Assembly, which was claimed to be a matter 
solely of royal prerogative. To put an end to the dispute twelve acts 
creating new counties and towns were disallowed or repealed and the 
Governor was directed to re-establish them by charter when desirable, 
and to give such representation in the Assembly as to him only might 
seem expedient; and the royal order to this effect was brought over by 
the new Governor. The evil effects of its execution, however, were at 
once so apparent, and promised to be so great, that Governor Dobbs pru- 
dently refrained from its official publication until proper representation 
could be made in the premises to the authorities at home. At any other 
time, and under other circumstances, the repeal of the acts in question 
would doubtless have produced great bitterness and excitement among 
the people and have precipitated a condition of affairs not unlike that 
brought about by the effort to deprive the northern counties of their 
right of representation. As it was, with the new Governor actively and 
openly on their side, the order of disallowance was received in a very 
kindly spirit by the people, who contented themselves witii sending a 
legislative memorial to the King, in which it was represented that, by the 
rapid increase of population, it was often necessary to divide counties and 
erect new ones, as well as to alter their boundaries, which could not be 
done were they established by charter, inasmuch as every corporation 
must remain entire, unless the charter was forfeited or surrendered by 
general consent ; that if the acts of incorjjoration were disallowed the lands 
whereon the public buildings were erected would revert to the former 
owners or their heirs; that the inhabitants of a town in such case would 
be wholly divested of their tenements (which would also revert to tiieir 



PREFATORY NOTES. 



former owners or their heirs), having no other title than deeds executed 
by Commissioners authorized by the acts of incorporation*. The result 
of it all was a compromise by which the Legislature was permitted to 
re-establish or revive the counties and towns already incorporated, and 
from time to time in future 4o erect new ones and alter their boundaries, 
as might become necessary, reserving to the Governor, as the representa- 
tive of the Crown, the right to confer by charter authority to elect mem- 
bers of the Assembly. It was also conceded to be a part of the royal 
prerogative to fix places for holding courts of justice, and accordingly we 
find that the Governor was invited by the Legislature to name counties 
and to fix and name the sites for county towns. And, too, the first acts 
of Governor Dobbs's administration were vigorous, intelligent and wise, 
and seemed to justify the hopes of those who looked for better things 
than had for years befallen the Province. Orders were at once given to 
get at the strength of the Province by ascertaining the number of its 
taxables, the number of its women and children, the strength and dis- 
cipline of the militia, the quantity and condition of the ammunition on 
hand and in store, the names of the officers and the number of Indians. 
A new Legislature was at once called, and met in New-Bern on the 12th 
December, with a full representation from the northern counties. In 
spite of all this, however, Williamson gravely asserts that "none of the 
counties any longer claimed the right of sending five members."* The 
Governor's speeches and messages were well received, and evervthing 
gave promise of the greatest harmony, and it really seemed that tlie 
troubles of the Johnston administration had been healed over, and that 
the Province, though at war abroad, at home was at ])eace. 

But this happy condition i)f affairs did not last very long. ^\'ell 
advanced in years, being, according to the most favorable account, in his 
66th year, and according to the otiier in his 71st, Governor Dobbs, soon 
after his arrival in the Colony, found himself confronted in difficult times 
with a people singularly impatient of control under the happiest circum- 
stances; and for near ten years, year by year, the difficulties increased, 
as year by year his capacity to cope with them diminished. Patrioticailv 



^Williamson's History of North Carolina, \ ol. "3, p. 96. 



PREFATORY NOTES. 



anxious to do lier full part against the common enemy and eager to help 
her neighbor Colony, North Carolina had perhaps improvideutly, as will 
be seen, taken upon her slender shoulders a heavy burden of debt for the 
prosecution of the war then going on. In spite of this, however, the 
demands upon her for fresh levies were both.coustant and urgent and far 
beyond her resources, and Governor Dobbs pushed them in season and 
out of season. Unfamiliar with the resources of the Colony, a stranger 
to her people, a zealous servant of the Crown, a sworn foe to the French, 
fanatical iu his hatred of their religion, and expecting to govern by 
prerogative alone, he was precisely the man to exhaust the resources of 
the Colony iu the war then going on, and that being done, to find him- 
self inextricably involved in difficulties with the people, and at their 
mercy. For a time, as we have seen, his course was vigorous and intel- 
ligent, but as the years went by, his mental faculties, probably never very 
great, weakened and finally gave way under the strain upon them to 
meet increased demands with <limiiiished I'esotu'ces, and iu December, 
1762, a stroke of palsy, that deprived him of the use of his lower limbs 
all the winter, jiut an end to all hope, for tlic time, at least, of his future 
usefulness. He rallied, however, and if he did, indeed, escape the 
drivelling imliecility of old age, he coiiunitted its supreme folly by 
marrying a ver>^young girl. Complimented in 1755 for his vigor and 
intelligence, in 1762 he was told by the Lords of the Board of Trade 
that his dispatches were so very incorrect, vague and incoherent that it 
was almost impossible to discover his meaning, and that as far as they 
could be understood, they contained little more than repetitions of 
pro})ositious he had made to them before, and upon which be had 
received their sentiments fully and clearly expressed. Finally, in 1764, 
he was given permission to return to England, and never expecting him 
to resume his duties as Goveruor, a Lieutenant-Governor wsas sent out to 
take charge. 

Tradition says he was inordinately fond of Irishmeu in general, and 
(if his kindred^in particular; that he brought a swarm of these latter 
with him, and quartered them on the government. This statement, 
however, seems scarcely to be justified, as the only relatives, so far as 
the records show, provided for by him were his nephew, Richard Spaight, 



PREFATORY NOTES. 



who, by the way, lived to enjoy his share of the spoils ouly a few years, 
and a sou, Edward Brice Dobbs, an officer in the British army, then on 
leave of absence, who was given a company in the troops sent to Vir- 
ginia and New York, and afterwards given a commission as Major. 

His frequent short prorogations of the Legislature have often been 
brought against him as proof of ill temper and bad humor. Rightly 
understood, they are far from making such proof. In that day the old 
rule of parliamentary law, that no act could be amended at the session in 
which it was passed, was in full force, and hence, when a bill had passed 
that he could not or would not sign, and there was hope of a compromise 
of the question at issue, he would prorogue the Legislature for a night 
or for a day, or some other short time, in order that the old session being 
ended, and a new one begun, it might be possible to accommodate mat- 
ters. Another reason at times for proroguing the Legislature was that a 
minority could do no business whatever, not even adjourn, and hence, 
when, as frequently happened at the beginning of a session, a quorum 
was not present, the Governor would formally prorogue the Legislature 
from day to day, in order to keep it alive, as it would die if the day for 
which it was called should expire without any further day for its meeting 
having been fixed. Our ('i)nstitution now provides that a minority may 
adjourn from day to day. 

His policy towards tiie Lulians has been commended. He thought 
they ought to be treated witii fairness and justice, and believed they 
could be won over by kindness and square dealing, and when he first came 
over, at least, he had no race pre)udi<re against them. Indeed, he \yent 
so far on the other side as to propose that the soldiers should take unto 
themselves Indian wives, a practice that he thought would do much 
toward the permanent establishment of Britain in America. At a later 
period, when his experience with "the noble red man" in and about the 
Province was greater, he said he thought the proper plan in war, at least, 
was to kill the warriors and enslave the women and children, a conclu- 
sion which, however harsh it may seem, it is believed most white men 
have come to after a like experience. 



PREFATORY NOTES. 



On the 17th July, 1752, Governor Johuston died aud Nathaniel Rice, 
President of the Council, took the reins of government. 

lu August, 1752, Bishop Spangenburg and his party set out from 
Bethlehem in Pennsylvania for Edeuton in this State to locate the lands 
bought the year before from the Earl of Granville for the Moravian set- 
tlement. Leaving Edenton about the middle of September, their route 
lay through Chowan, Bertie, Northampton, Edgecombe and Granville, to 
its western border near the Virginia line, aud from thence along the 
Indian Trading Path, as near as can now be ascertained, to the Catawba 
River, thence up that river to its upper waters, thence by mistake over 
the divide to New River, thence back to the head-waters of the Yad- 
kin aud thence down the Yadkin to Muddy Ci'eek, where, some ten miles 
from the river and on the " upper Pennsylvania road," they found some 
100,000 acres in a body unoccupied, which they proceeded at once to 
take up. In January, 1753, they returned home, having surveyed 73,037 
acres of land, to which were added 25,948 acres surveyed by Mr. Churton 
in the same tract, making in all 98,985 acres. A general deed for the 
whole tract was made on 7ih August, 1753. 

At Wilmington, on the 29ih January, 1753, President Rice died and 
Matthew Rowan, as "next in Council," became President and Chief 
Executive of the Province. 

Early in the year 1754 began one of the most eventful periods in the 
history of North Carolina, covering as it did the struggle between Eng- 
land and France, growing out of the attempt of the latter to connect her 
extensive dominions in America by uniting Canada with Louisiana. To 
accomplish their end the Frencli took possession of territoiy claimed by 
England to be witliin the Province of Virginia, and commenced a line 
of military posts from the lakes to the Ohio. Acting under general 
instructions from the Crown given to the Governors in anticij)ation of 
such a seizure of territory, Governor Dinwiddle of Virginia straightway 
demanded in the name of Great Britain that the French should abandon 
designs which it was insisted violated tiie treaties between the two 
Crowns. The bearer of this demand was George Washington, tiien quite 
a young man. Tlie answer of the Commandant of the French forces 
being an emphatic denial of the British claims to the territory in ques- 



PREFATORY NOTES. 



tioD, preparations were made to maintain them by forCe, and the Virginia 
Legislature voted to raise a regiment of 300 men for that purpose. 
Governor Dinwiddle also, on the 29th of January, 1754, wrote to Presi- 
dent Rowan asking his immediate assistance in dispossessing the French. 
The contingency had now arisen in which, under the royal instructions, 
the Colonial Governors were directed to make common cause against the 
French and Indians. The answer of North Carolina to the appeal of 
the Virginia Governor for help was prompt and decided. The Legisla- 
ture, which, looking forward to such an emergency, had been prorogued 
by President Rowan to the last of March, met and at once voted £12,000 
to equip a regiment of 750 men to go to Virginia. 

These were the first troops raised by any British Colony in America to 
fight outside of its own borders in behalf of a common cause and in the 
general common defense, and their officers were James Innes, Colonel; 
Caleb Grainger, Lieat. -Colonel ; Robert Rowan (a kinsman of the Presi- 
dent), Major. The other officers were Thomas Arbuthuot, Edward Vail, 
Alexander Woodrow, Hugh Waddelj, Thomas McManus and Moses 
John DeRosset. The number of these troops was fixed at 750 enlisted 
men at the outset, under the impression that North Carolina would not 
be required to maintain them after their arrival in Virginia. Finding 
out, however, that every Province would be required to maintain its own 
troops, the number was reduced to 450 enlisted mec, just 150 more than 
Virginia had raised, and this, tort, when it was Virginia soil that was 
invaded, and when Virginia had more than three times as many whites 
as Nortli Carolina. 

And just here began the greatest trouble North Carolina encountered 
during the war, that is to say, the provisioning and paying her troops. 
This trouble arose from tiie fact that tiiere was little or no silver or gold 
or Euglisii money in the Province, and her own paper money was not 
current outside of the Province. The result was that beef cattle or hogs 
were driven with the troops or to them, and sold for local currency for 
their use. In some instances pork was bought at home and shipped to 
Virginia and sold for tlie same purpose. In other instauces shipments 
were made to the West Indies and the cargoes sold for bills of exchange 
on Nev.' York to pay and feed our troops in service in that Province. 



i 



PREFATORY NOTES. 



The consequence was, especially in tlie earlier days of the war, that the 
expepse of maintaining her troops was very greatly increased, the pork 
and beef cattle being generally sold at unremunerative prices, being put 
upon a dull market and offered under a well known necessity. 

The contributions on the part of Nortii Carolina to the common 
defense, in view of her scant resources, were, perhaps, more generous 
than wise, as will be seen later on, and were certainly out of all propor- 
tion to the contributions of the other Colonies; but it has never been her 
habit to permit jjatriotic impulse to be dwarfed by scanty means. Gov- 
ernor Dobbs said North Carolina "could not be expected to defend its 
western frontier, assist the other Colonies and also maintain an inde- 
pendent force to defend the forts and protect the navigation of the 
Colony." Yet that is precisely what she did, although it was admitted 
on all hands, the Board of Trade in England and Governor Dinwiddie 
included, that North Carolina was not able to do as much as the other 
Colonies, because of her narrower resources. 

But the events of this protracted struggle belong to general American 
History, and will be treated of in these pages no further than may be 
necessary to explain the action of North Carolina in connectitm with 
them. It may not be amiss, however, to refer briefly to the career of a 
man whom this struggle brought prominently before the American pub- 
lic, one who, by his character and public services, deserves more than a 
passing notice in the annals of North "Carolina. 

Colonel James Innes was a native of Scotland, and was probably born 
not later than the year 1700, as in 1754 he suggested he was too old to 
take chief command in an active campaign. Governor Dinwiddie, of 
Virginia, who had tendered him the appointment, replied that his age 
was nothing when his regular method of living was considered. He 
told him, too, in answer to some suggestion as to the probable expectations 
of Virginians in regard to the chief in command of the forces, that he 
always had regard to merit and knew his, and that he need not have any 
fear of any reflections from them. Washington greeted his appoint- 
ment with the declaration that he would be glad to serve under "an 
experienced officer and a man of sense." 



PREFATORY NOTES. 



Between Colonel Innes and Governor Dinwiddie, who usually addressed 
him as "dear James," and was constantly sending messages to him from 
his "wife and daughters," there seems to iiave been a strong bond of 
attachment. At tlie time of his appointment to the command of the 
expedition against the French and Indians in 1754, Colonel Innes was a 
member of the Council in North Carolina, having been appointed thereto 
on 5th July, 1750, by Governor Johnston, on the death of Eleazer 
Allen — his first appearance in public life in the Colony, so far as the 
records show, thougli he had been recommended to the King for the 
place as early as 1734. That he was residing in the Province, and his 
appointment as assistant Baron of the Exchequer Court as early as 1735, 
also appear from the Council Journals of that date. Doubtless he was 
one of the Scotchmen who came over with the Governor of that nation. 
In 1740 he was one of the captains in the North Carolina troo])s on the 
expedition against Carthagena, in South America. He had also seen 
other service in the British army. Later on he was one of Granville's 
agents and Colonel of a militia regiment in New Hanover countv. 

In spite, however, of Governor Dinwiddie's favorable opinion of him, 
Colonel Innes was allowed to hold his commission as chief in command 
only about five months, from 4th June to 24th October, 1754, when he 
was succeeded by Governor Shar|>e, of Maryland, by appointment from 
the Crown. His actual command in the field lasted less than four 
montTis. Colonel Innes naturally wished to- resign under the circum- 
stances, but so strong was Governor Dinwiddle in the belief that his ser- 
vices were necessary tliat he would not permit it, and appointed him 
Camp-Master-General, with his former rank. From this date he 
remained at Fort Cumberland, completing the Fort, making treaties with 
the Indians and organizing the forces. On 24th June, 1755, he was 
appointed "Governor of Fort Cumberland" by General Braddock, and 
left in command there when Braddock advanced oif his hapless march, 
and there he received the broken fugitives from the fatal field, and there 
he was abandoned liy Colonel Dunbar, who succeeded Braddock in the 
command, and who precipitately " went into winter quarters" (in August) 
in Piiiladelphia, leaving Innes with 400 sick and wounded, and a han:l- 
ful of Provincials to defend the frontier. And there he continued to do 



PREFATORY NOTES. 



his duty faithfully, and in the face of all sorts of difficulties, until 
August, 1755, when lie returned to North Carolina. 

That success did not crown the Colonial artns under his command is 
not to be wondered at. Judge Marshall, himself a Virginian, in his 
Life of Washington,* says: "Tiie [Virginia] regiment returned [in 
.July, 1754] to Winchester to he recruited, and the companies expected 
from North Carolina and Maryland having arrived, Governor Din- 
widdie, without attending to the condition or number of the forces, 
ordered them, on advice of Council, immediately to march over the Alle- 
ghany Mountains, either to dispossess the French of their Fort, or to 
build one in some proper place in tiie country. The little army in Vir- 
ginia, which was placed under the command of Colonel Inues from North 
Carolina, did not, as now re-inforced, exceed half the number of the 
enemy, and was unprovided with the means of moving, or with tiiose 
supplies for a winter campaign which are so particularly necessary in the 
severe climate where they were about to act. With as little consideration 
directions were given for the immediate completion of -the regiment with- 
out furnishing a shilling with which to recruit a man. Although Vir- 
irinia had long basked in the sunshine of peace, it seems difficult to 
account for such inconsiderate and ill-judged measures. Colonel Wash- 
ino-ton remonstrated strongly against these orders, but prepared, as far as 
possible, to execute them. The Assembly, however, having risen in a 
few days without making any provision whatever for the further prose- 
cution of the war, this wild expedition was for the present relinquished." 
Campbell, too, in his History of Virginia, says: "The force under Innes 
did not exceed half the number of the enemy and was unprovided for a 
winter campaign. Tiie Assembly making no appropriation for the 
expedition it was fortunately abandoned. "f The historian Chalmers 
also, who, from his ten years' residence in Maryland just prior to the 
Revolution, was fanriliar witii all these matters, says : J "iu such a situa- 
tion what could have been expecled from Tilly or Turenne, from Marl- 
borough or Saxe?" 



»Marshall's Life of Washington, p. 12, v. 2. 

tCntnpbell's History of Virginia, p. 4l)J. 

:tCbalraers's History of the Revolt of the Ameriem Colonies, V. 3, p. 368. 



PREFATORY NOTES. xv 

Mr. Jared Sparks, however, attributes the faiUire to other (causes, that 
is to say, to tlie disbandiug of tlie North Carolina troops, wlio, he says, 
" weut off without ceremony," and to the incompetency of Colonel 
lunes, who had the further disqualification of being an inhabitant of 
North Carolina.* 

What are the facts, and which is right, Campbell, Chalmers and Judge 
Marshall, or Mr. Sparks, who was born some forty years after the 
events of which he wrote, and in a distant State? 

Colonel Fry, the first Commander-in-Chief, died on 31st May, 
1754, leaving Washington next in command. On 3d June a com- 
mission was issued making Colonel Innes Commander-in-Chief He 
was then in North Carolina superintending the departure of his regi- 
ment for Virginia. On 3d July the Great Meadows disaster occurred, 
Washington being in command. On .5th July, Colonel Innes was at 
Winchester en route from North Carolina for the front, and then or some 
few days later at Will's Creek, afterwards known as Fort Cumber- 
land, took formal, command. On 20th July, Governor Dinwiddie 
directed him -to build a log fort and magazine, not thinking it pru- 
dent for iiim to march to the Oliio until he had sufficient force to 
attack tlie enemy. He suggested to him also to scatter his troops, 
sending some back to Winchester and others to Alexandria, etc., and to 
grant furloughs. Counting all his forces, C'olouel Innes could muster 
only about 750 men, while the enemy numbered 1,500. On 1st August, 
Governor Dinwiddie ordered liim to till uj) the lanks of Washington's 
regiment and the independent companies and rendezvous with all his 
forces at Will's Creek, and "when in a i)ody" to march over the mount- 
ains against the French. No money was provided for enlisting Virginia 
recruits and none to feed the North Carolina troops. Bv the 
1st of September, the North Carolina troops having been disbanded and 
sent home, and the Virginia troops liaving been greatly reduced l)v 
desertion and other casualties, there were not more than 150 men foi- 
duty, just one-tenth of the strength of the enemy. By the same date 
Governor Dinwiddie had quarreled with the Virginia Legislature because 
of the "rider" the Assembly wished to put on the appropriation bill, in 



•Washington's Writings, Vol. 3, pp. 63 and 262, notes. 



PREFATORY NOTES. 



consequence of which he prorogued that body without getting a dollar, 
and abandoning all thought of an advance, ordered Colonel Innes to fell 
back and fortify. In the latter part of October Colonel Innes was 
notified that he had been superseded. 

There seem to have been at least four principal causes contributing to 
this state of affairs, to three of which Mr. Sparks did not advert : 

1. Tlie disbanding of the Nortii Carolina troops and their going home. 

2. The great reduction in numbers of the Virginia regiment by 
desertion and other casualties, and the failure to recruit its ranks. 

3. The refusal of Governor Dinwiddle to accept the £20,000 offered 
him by the Virginia Legislature for the conduct of the war. 

4. The quarrel between the regular and Provincial officers about rank. 
But for none of these things was Colonel Innes responsible, not even 

for the disbanding of the North Carolina troops, though done by his 
order. What could he or auy one else have done but disband and send 
them home"? No provision had been made for their rations, and Gov- 
ernor Dinwiddle, upon application, said it was all he could do to pay and 
ration the Virginia troops, and, indeed, that was more than he did. 
With an ani|)ie military chest and witii a well organized commissariat a 
commanding officer may feed his troojjs in a populous, civilized country, 
but with neither of these, and in a country inhabited only by hostile 
savages, it was simply impossible. \A'hat, then, could be done with the 
North Carolina troops but send them iiome? And certainly it was no 
fault of Colonel Innes that the Virginia troops were mutinous and dis- 
orderly and given to desertion with their arms in their hands, as it 
appears thev were from the correspondence between Colonel Washington 
and Governor Dinwiddle. Nor was excuse wanting for this state of 
atfairs; for, not having been paid, the men were naked, said Washington. 
Nor was Colonel Innes responsible for the quarrel about rank, though 
pt'rhaps less affected by it than others, acting as he did " under two com- 
missions, his old one from the King, received in the former war, and his 
new one from Governor Dinwiddle, to each of which he appealed as 
occasion required." But even with this advantage he had only a "nomi- 
nal command." And most assuredly he was not responsible for the 
quarrel between Governor Dinwiddle and the Virginia Legislature. 



PREFATORY NOTES. 



The truth is, that although the seizure by tlie French of disputed 
territory, and a war in consequence too great to be conducte<l by any one 
Colony, or, indeed, by all of them put together, were events anticipated 
by the English Government, it did not until the fall of the year 1754 
assume direct control of military operations in Virginia. Before that 
time Governor Dinwiddle and the Provincials had charge of affaii's. 
Afterward it would have been idle for any Provincial officer to expect 
an important command. It is true that next year, after Braddock's 
defeat, Washington, a Provincial officer, wa.s appointed Commauder-iu- 
Chief of the Virginia forces; but that amounted to nothing, for from 
that time operations in Virginia were conducted under direction of the 
British Commander-in-Chief, and Washington, "o to sitt'nk-. wa= mprolv 
in command of one of the outposts at a p'- 
serious attack was anticipated. Even in 1758, when the cam] 
made against Fort Duquesne, General Forbes was coniMiaini i '. 
expedition. The reason for all this was the prejuili I' ^i. 

officers, whom the British Government thought iucapul>!r i li . n i. 

important military operations. It was not to hisdiseredii. n' i 
under the circumstances Colonel Innes was superseded by Si 
Braddock, as Washington was substantially by Shirley, Loudoun, Aber- 
crombie and others. 

Colonel Innes was a plain, modest soldier of approved courage and 
experience in military affairs. In this last service, too, he was evidently 
a soldier from a patriotic sense of duty, and not from mere love of 
adventure or for pay, and so, even after his removal from the chief com- 
mand, and in spite of his desire to withdraw from a service with which, 
like Washington, he was thoroughly disgusted, he remained in the field, 
because he was told that even in a subordinate position he could be of use 
to his country. Washington, it will be remembered, left the service. As 
a matter of fact, Innes accomplished quite as much as Washington did 
when on the same ground and under circumstances not more unfavorable. 

It will be seen, therefore, that Colonel Innes was neither with Wash- 
ington at the Great Meadows disaster in July, 1754, nor with Braddock 
at his defeat in July, 1755, that for a few weeks only after taking com- 
mand did his forces reach one-half of the strength of the enemy, that for 
3 



PREFATORY NOTES. 



the balance of the time they were only about one-tenth of it, and that iu 
truth there was nothing that any commander conld have accomplished 
under the circumstances, no matter what his ability might have been. 
The facts, therefore, facts that Mr. Sparks ought to have known, do not 
justify his criticism, but convict him of gross injustice. 

It is stated generally in the publications concerning Colonel Innes that 
he died at Winchester, Virginia, soon after the campaign of 1754. But 
it appears from the Journals of the Council of North Carolina that at the 
meeting held at New-Bern, September 27th, 1755, he was again iu his 
seat, and that he attended the meetings during the years following up to 
the 17th May, 1759. Other records show that he died on the 5th Sep- 
tember, 1759, at Wilmington. 

Colonel Innes in his will made 5th July, 1754, at Winchester, A^ir- 
ginia, now of record both in New Hanover county and in the office of 
the Secretary of State at Raleigh, described himself as "James Innes, of 
Cape Fear, in North Carolina, in America, Colonel of the Regiment of 
s* Province raised for His Majesty's immediate service and Commander- 
in-Chief of the Expedition to the Ohio against the French and their 
Indians who hav.e most unjustly invaded and fortified on His Majesty's 
lands, being now ready for action," &c. After directing "a remittance 
may be made to Edinburg sufficient to pay for a church bell for the 
parish church of Cannisbay iu Caithness," and a further remittance of 
one hundred pounds sterling to be put at interest for the poor of said 
parish, he gave his plantation " Point Pleasant," a considerable personal 
estate, his library and one hundred pounds sterling "for the use of a free 
school for the benefit of the youth of North Carolina," and appointed 
as trustees of the fund "the Colonel of the New Hanover Regiment, the 
Parson of Wilmington Church and the Vestry for the time being or the 
majority of them." In the year 1783 the Legislature of North Carolina 
passed an act to establish the Innes Academy at Wilmington, in which 
there is a recital of the fact that the legacy had not been received and 
the house and buildings at Point Pleasant had been burned, and directing 
the trustees to sue for and receive the legacy, and to sell the real estate 
for the benefit of the academy. Colonel Innes's bequest was the first 
private bequest of the kind in the history of the State. 



PREFATORY NOTES. 



Colouel Inues's widow, whose name, Jean, would indicate that she 
also was Scotch, married, iu 1761, Francis C'orbin, Lord Granville's 
Agent, and a member of the Council of the Province. Cannisbay, which 
was doubtless Colonel Innes's native place, is a town on the extremest 
northern point of the coast of Scotland, near John O'Groat's house.* 

Early in 1754, if not sooner, as has been seen, quarrels about rank and 
precedence existed between officers holding military commissions from a 
Colonial government and officers holding them directly from the Crown 
when serving together. The first phase of the dispute was between 
Colonial officers and the officers of independent companies raised in the 
Provinces but who were in the immediate pay of the Crown, and were 
officers by royal commissions. The question iu all its phases was settled 
squarely iu favor of the Crown officers by an order from the King, issued 
in November, 1754, in which it was declared that all troops serving by 
commissions from the King, or by those from the General Commanding- 
iu-Chief in North America, should take rank before any troops serving 
by commissions from a Colonial government; that the General and Field 
officers of Provincial troops should have no rank with General and Field 
officers serving under commissions from the Crown, and that captains and 
other inferior officers with commissions from the Crown serving with 
Provincial officers of like grade should take rank of them even though 
the commission of the Provincial officer should be of older date. But 
though this ought to have satisfied any reasonable man, a still further 
claim was made at Fort Cumberland next year by one Captain Dag- 
worthy, the comnjander of a small company from Maryland, who claimed 
to outrank Colonel Washington. Washington refused to serve under 
Dagworthy, and was sent by Governor Dinwiddle to the Commanding 
General to have the matter disposed of. It turned out that the commis- 
sion Dagworthy claimed to act under had been "cancelled by his taking 
a sum of money iu lieu of half pay," so that he was no longer in service 
under it. But, unjust as the whole affair was, it lasted until 1756, when, 
after creating much confusion, the order was changed so that captains 



*Foi' the facts relatiup; to the later years of Colonel Junes, see the interesting Sketch of 
the Life ami Times of General Hugh Waddell, by his great-graudsou, Colouel .\lfred M. 
Waddell. 



PREFATORY NOTES. 



aud subalterns took rauk in their grades according to the dates of their 
commissions, no matter whether Royal or Colonial. In November, 1757, 
the order was further modified so that the Field officers also took rank in 
their several grades according to date of commission. 

On the 19th June, 1754, in pursuance of a royal requisition of the pre- 
ceding year that a plan of genera! union between the Colonies be per- 
fected for their common defense, Commissioners from the Northern 
Provinces met at Albany, New York, and agreed upon a draft of Union 
between all the Colonies. New Jersey, Virginia and the Carolinas, says 
Chalmers, with their accustomed spirit, either neglected or refused to send 
their delegates.* This draft was in the shape of an application for an act 
of Parliament of Great Britain by virtue of which one general govern- 
ment might be formed in America, including all of the said Colonies, 
within and under which government each Colony might retain its exist- 
ing Constitution, except in the particulars in which a change might be 
directed by the said act of Parliament. The General Colonial Govern- 
ment was to be administered by a President-General and a Grand Council, 
to be chosen by the Assemblies in the respective Colonies, as follows : 
Massachusetts aud Virginia, seven delegates each; Pennsylvania, six; 
Connecticut, five; New York, Maryland, North Carolina aud South 
Carolina, four each ; New Jersey three, and New Hampshire and Rhode 
Island two each, to be elected every three years. No Province was to 
have more than seven uor less than two members. The assent of 
the President-General was necessary to all acts of the Council, 
and he and the Council were to have power to make Indian 
treaties, regulate Indian trade, raise troops, levy taxes, issue money, grant 
commissions, &c., &c. All laws, however, were to be sent to England 
for the approbation of the King and Council. 

The draft was by order of the Congress sent to each Legislature for 
approbation or ameudment. Upon being laid before the Legislature 
of North Carolina, in December, its consideration was postponed until 
the next session, and the Printer directed in the meantime to print and 



History of the Revolt of tile Araei'icaH Colouies, Vol. 2, p. 371. 



PREFATORY NOTES. 



send a copy of it to each member for his mature consideration. At the 
next session, however, no reference seems to iiave been made to the sub- 
ject, either by the members or by tlie Governor, and, as we learn from 
history, it met with equal disfavor in the other Colonies, not one, it is 
said, having adopted it. It found no favor in England either. The 
objection in England was that too much ])ower was given to the Provinces, 
and in America that not enough was given. 

But the project for a general union, though it came to naught, is 
worthy of special notice, inasmuch as it was the first definite proposal 
formally submitted to the Colonies for such a union. It is worthy of 
remark, too, that the proposition came not from the Colonies themselves, 
but from the Government authorities in England. Had it been made 
during or at the end of the war, rather than at its beginning, and in 
anticipation of it, the confederation of the Colonies of America might 
have been entered into twenty years sooner than it was, as at the end of 
the war the Colonists were better able to appreciate the benefits of 
co-operation and confederation for common defense than before it. 

The original germs of the confederation of tiie British Colonies of 
North America were, however, doubtless contained in the project for a 
Colonial union presented by William Penn in 1697. His plan was for a 
Congress, to consist of two delegates from each Colony, to meet once a 
year in time of war, and once in two years iu time of peace, the Presi- 
dent to be appointed by the Crown, with power to legislate: first, iu 
cases of absconding debtors; second, criminals from justice; third, to 
regulate commercial intercourse; fourth, to raise troops for protection 
against the public enemies, &c. 

As early as 1754 vacant public lands, as we would now call them, 
could be found in large bodies only in the back settlements near the 
mountains, and settlers were coming in there "in hundreds of wagons 
from the northwards." The habit, it seems, was either to send an agent 
in advance to select lands or to employ some friend already located to do 
so. The immigrants were said to be very industrious people, who 
went at once into the cultivation of hemp, flax, corn and the broetling of 
horses and other stock. 




PREFATORY NOTES. 



In October, 1754, at Williamsburg, in a conference between Gov- 
ernor Dobbs, Governor Sliarpe, of Maryland, and Governor Dinwiddle, 
of Virginia, a plan of operations was formed for the coming campaign, 
in which it was agreed to assemble 1,000 men if possible, the indepen- 
dent companies included, and to carry the French fort on the Monongahela 
before it could be re-inforced from Canada in the spring, and to build a 
fort on an Island in the Oiiio River opposite the French fort. Fort 
Cumberland, at Will's Creek, on the Potomac, was to be used as a maga- 
zine for the troops employed in the expedition, of which Governor 
Sharpe was to be Commander-in-Chief 

In 1754 appears for the tirst time on our records a name that soon 
became as familiar as a household word in the Province — the name of 
Hugh Waddell. In that year he was sent as a Lieutenant in Colonel 
Innes's Regiment to Virginia, and there made a Captain. In 1755 he 
was sent with a company to the North Carolina frontiers and built Fort 
Dobbs, of which he retained the command for several years. In 1756, as 
Commissioner from North Carolina in conjunction with Peyton Randolph 
and William Byrd, Commissioners from Virginia, he negotiated treaties 
witli the Cherokees and Catawbas. He was then barely twenty-one years 
old. In 1758, having been promoted to be Major, he went to Virginia 
with three companies and took part in the expedition against FortDuquesne 
under General Forbes. In this expedition, as will be seen, he dis- 
tinguished himself very much, not merely for great personal courage, but 
for great skill as an Indian fighter as well. In the spring of 1759 he 
was promoted to be a Colonel and again given charge of the frontiers, with 
power to call out the militia of Orange, Rowan and Anson whenever 
occasion might require. Later in the same year he commanded the 
North Carolina contingent of troops in the expedition against the Chero- 
kees under Governor Lyttelton, of South Carolina. In February, 1760, 
he was again at Fort Dobbs and present at the Indian attack on that 
place. That he took no part in the expedition under Colonel Montgomerj' 
against the Cherokees in June of that year was doubtless due to the fact 
that Governor Dobbs having refused to accept the appropriation offered 
him by the Assembly no provision was made for raising troops in time for it. 
Before the summer passed, however, the emergency became so great as to 



PREFATORY NOTES. 



swallow up every other coDsideratiou, aud an ample appropriation having 
been offered and accepted, Colonel Waddell was given four independent 
companies, in addition to the frontier militia under his command, for'the 
protection of the settlers. In 1761 he commanded the North Carolina 
contingent of the troops in the campaign in which the power of the 
Cherokees was finally broken and peace restored to the frontiers. In 
1765, in conjunction with Colonel John Ashe, he raised the militia of the 
Cape Fear, seized tiie vessels bringing in the stamps, and forcibly pre- 
vented their distribution. In 1771, as General commanding the 
troops raised in the west, he took part in the campaign against the 
Regulators. On the 9th April, 1773, he died at Castle Haynes in his 
39th year. 

General Waddell was born in Lisburn, County Down, Ireland. His 
parents were Hugh Waddell and Isabella Brown. His father, like 
Dobbs and like Rowan, was a member of a well established family in the 
north of Ireland, but on account of the fatal result of a duel in which 
/he was engaged he spent several years in Boston, Massachusetts, with his 
young son. He then returned to Ireland and not long afterward died. 
He was a friend, according to tradition, both of President Rowan and 
Governor Dobbs. The attraction for young Waddell in North Carolina 
was doubtless the opening for military service the Province presented at 
the time of his coming over, which seems to have been in the early part 
of the year 1754, an attraction that was heightened by family interest 
with both the acting Governor Rowan and the expected Governor Dobbs. 
He was then not twenty years old. In this connection it must be remem- 
bered that for some time North Carolina was the only Province that 
went to the help of Virginia against the French aud Indians. 

General Waddell was evidently a born soldier and, though so young, 
doubtless trained and disciplined, though there is nothing to show where 
he got his training, if any he had, before serving under Colonel Innes. 
But whether trained or not, wiierever firing was to be heard there young 
Waddell was sure to be, and certainly as an Indian fighter he was without 
an equal in the Province. Physically he was a powerful man, of large 
stature, having not only unusual length of limb but great breadth of 
chest, aud possessed activity, strength and endurance in a rare degree. 




PREFATORY NOTES. 



He was, too, a man of no ordinary mental calibre, fertile in resources 
and quick and ready in making use of them. Many traditions remain 
sJKJwing the personal character of'the man. 

For seven years, covering all the Indian troubles, he lived and fought 
on the frontiers and was the leader and commander, facile princeps, in 
meeting all their dangers, so that the country and the people were alike 
familiar to him. And that the people were accustomed so long to fight 
under him, that they loved him and had confidence in him, explains why 
it was tliat ten years nearly after he ceased to live among them 
he was able to raise troops there so easily when sent by Tryon to rouse 
the country for the campaign against the Regulators. He had been 
"through the war" with the frontiersmen, as we would say in this day, 
a seven years war, it must be remembered, .sharing all their dangers and 
all their hardships, and his hold upon their affections and upon their 
confidence could not be broken. But civil affairs received his attention 
as well as military. In 1757 he took his seat as a member of the Assem- 
bly for the county of Rowan, the county in which Fort Dobbs was 
situated and in which he lived. In 1762, after peace was made with the 
Indians, having married that year and removed to the low country, he 
represented the county of Bladen. He married Mary Haynes, daughter 
of Captain Roger Hayues, of the well-known "Castle Haynes," near 
Rocky Point, on Cape Fear River, and granddaughter of Rev. Richard 
Marsden, first Rector of St. James's Parish in the county of New Hanover. 
A striking instance of heredity is to be seen in the very marked 
unmistakable similarity between the autograph of General Waddell one 
hundred and thirty years ago and that of his great-grandson to-day. 

An earnest patriot, with war the passion of his life, and possessing 
reputation, experience and capacity, General Waddell's career in the 
Revolution, had he lived and retained his health, would doubtless have 
been a great one. But he was cut off in the prime of life and just when 
his country most needed his services. But how well Nortii Carolina 
must have been grounded in the faith to have shown no check in her 
course when Hugh Waddell and James Moore, two of her very best 
soldiers, and John Harvey, her acknowledged civil leader, went to the 
grave at the very outset of the great struggle, just at the time when they 
were so much needed. 



PREFATORY NOTES. 



On the 14th January, 1755, tlie Governor gave his asisent to an act 
passed earlier in the session appropriating £6,000 for the endowment of 
a public school for the Province, under such regulations as the Governor 
and Legislature might make. The appropriation, however, was made 
subject to the approval of the King. After the passage of the bill the 
Committee of Propositions and Grievances of the Assembly formally 
resolved, "that under a sense of the many advantages that will arise to 
the Province from giving our youfli a liberal education (whether con- 
sidered in a moral, religious or political light), a publick school or semi- 
nary of learning be erected and jirojierly endowed. And that for effect- 
ing the same the sum of £6,000 already appropriated for that purpose be 
properly applied." On the 11th October of the same year the same 
Committee urged that the advantages arising from the proper education 
of youth as hitherto proposed by the committee should be secured. 

From that time forward the attention, both of the Governor and of 
the Crown, was called to the fact that the Province was so impoverished 
in its circumstances through granting repeated aids to the King for 
making it defensible, and for carrying on expeditions in conjunction 
with the other Colonies against the Frencth and their Indian allies, 
that tliey could not erect proper schools for tiie education of the youth. 
In passing, it may be proper to say that the Governor thought that "one 
public provincial school for the languages, &c., would be enough to be 
end(jwed, and the county schools be only for English scholars to learn to 
read, write and account, with some other branches of the mathematicks." 
In 1764 the parish vestries were given authority to lay a parish tax of 
ten shillings per taxable to maintain a parson, school-master, &c. The 
mixing up the schools with the church, however, did no good to the schools. 
From all of which it will lie seen that the evil effects of the lavish 
appropriations to the war were very far-reaching — much more so than 
could have been anticipated at the time they were made. 

On the 14th April, 1755, a convention of Colonial Governors met in 

Alexandria, Virginia, at the invitation of General Braddock, to settle 

with him or rather, doubtless, to receive from him the plan of the coming 

campaign. The statement made by Martin, however, that Governor 

Dobbs, having left the Province earlv in the vear for the purpose, was 
4 



PREFATORY NOTES. 



present on that occasion seems to be without foundation, as according to 
Dobbs's own account of his movements he was at that time, and for some 
time prior thereto, going up Neuse River looking for a site for a provincial 
capital. According to Governor Dinwiddle, too, the only persons present 
at that conference were himself, General Braddock, Commodore Keppel 
and the Governors of New England, New York, Pennsylvania and 
Maryland.* 

Early in 1755, Edward Brice Dobbs, a son of the Governor and an 
officer in the regular British army, then on leave of absence, was sent 
with a company to Virginia to take part in the Braddock campaign. 

On the 14th October, 1755, an act was passed establishing a postal 
service in North Carolina for the first time. It was done on the recom- 
mendation of the Governor in a message to the Legislature, in which he 
called attention to the fact that there was no established post through the 
Province, and the great necessity there was for some regular means of 
correspondence with other Colonies, by which all public letters might be 
carried without any other pay therefor than a salary to him who under- 
took the service. On the day after the message was sent to the Legis- 
lature an agreement was come to with James Davis, the Public Printer 
to the Province, and the necessary appropriation made therefor, by which 
he undertook to convey all public letters, expresses and dispatciies, relating 
to the Province, to any i)art thereof, and every fifteen days to send a mes- 
senger to Suffolk, in Virginia, and to Wilmington, on the Cape Fear, for 
the term of one year, in consideration of the sum of £100 6s. 8d. proc- 
lamation money. 

In February, 1756, Messrs. Peyton Randolph and William Byrd on 
the part of Virginia, and Hugh Waddell on the part of North Carolina, 
were sent as Commissioners to negotiate treaties of alliance, offensive 
and defensive, with the Cherokee and Catawba Indians. The Commis- 
sioners concluded treaties in due form with both tribes, the outcome of 
which was that Virginia built and garrisoned a fort (Fort Loudoun) at 
the junction of the TelHco and Tennessee Rivers, for the tlefeiise of the 
Cherokees, and North Carolina built one for the Catawbas near the 



'*])^Ll^vi(ldi^■ Papei's, Vol. 2, p. l.^. 



PREFATORY NOTES. 



— II- V-, 

Catawba River (Old Fort). But it required something stronger tiian a 
paper-writing to make Indians frieuds of the English. 

In May, 1756, Mr. Chief-Justice Henley hel<l a conference in Salis- 
bury, at the house of Mr. Peter Arran, with King Hagler of the 
Catawba Nation, fifteen of his principal warriors and some thirty of his 
young men, painted and armed after their fashion in time of war. The 
conference was occasioned by the seizure by the Cherokees of certain 
horses in Virginia on their return from the Shawnee campaign. It seems 
the Cherokees were instigated to take the horses by a white woman 
whom they had carried off, and that the Catawbas had taken the woman 
from the Cherokees, and wanted to know wiiat disposition to make of 
her. King Hagler begged that slie might not be put to death, as he was 
"always sorry to lose a woman; that the loss of one woman might lie 
the loss of many lives, because one woman might be the mother of 
many children." Observing that the audience smiled, he added, "I 
believe I have spoken nothing but the truth." He begged also that 
a stop might be put to the sale of strong liquors to the Catawbas by the 
white people, saying that if the white people would make strong drink 
they ouglit to sell it to one another, or drink it in their own families, and 
thus prevent the Indians from getting drunk and quarreling with the 
white people. 

Later in the year four companies of North Carolina troops, including 
Captain Dobbs's company, then in Virginia, were sent to New York to 
assist in the operations to the northward. The reason assigned by Gov- 
ernor Dobbs for the transfer of his sou's company was that if it remained 
in Virginia it would be used on tlie local defense of that Colony, without 
making any effort in behalf of the common cause, as they had neither 
officers nor artillery there fit for any general plan of operations. He 
feared also that neither Maryland nor Pennsylvania would do more than 
defend their own frontiers, not seeming very zealous for the common 
cause of the Colonies. The four companies were under the command of 
Captains Edward Brice Dobbs, Caleb Grainger, Thomas Arbuthnot and 
Thomas McManus, Dr. Wm. Furguson, Surgeon. In Arbuthuot's com- 
pany Wm. Furguson and Henry Johnson were Lieutenants, David 
Rogers Ensign, and Joshua Johnson Sergeant. John Paine was Lieu- 



PREFATORY NOTES. 



tenant in McMauus's company. At the request of the General Command- 
ing that a Field officer be appointed to command the North Carolina 
troops, Captain Dobbs was made Major. 

There was no lack of commanders of high degree to give direction to the 
campaign, especially to the northward, that year. Troops, too, it would 
seem, there were in abundance, but for all that there were no victories. 
Johnston and Shirley and Abererombie and Loudoun were all there with 
more than 10,000 troops, including 3,000 British regulars, besides the 
garrison at Oswego. Yet Montcalm was allowed to capture Oswego for 
want of re-inforcements and to construct a fort at Ticonderoga in the 
front of "forces that could have penetrated to the heart of Canada." 

On the 15th March, 1757, the Governors of North Carolina, Virginia, 
Maryland and Pennsylvania, met in Philadelphia, at the invitation of 
Earl Loudoun, Commander-in-Chief of the King's Forces in North 
America, to concert, in conjunction with him, a plan for the defense of 
the Southern Provinces. This was done in view of the fact that in the 
coming campaign it was intended to employ the greatest part of the 
regular troops to the northward, though his Lordship was willing to 
leave for the defense of the Southern Provinces one battalion, to be com- 
pleted to 1,000 men, and the thi'ce independent companies in South Caro- 
lina, of 100 men each. After consultation it was agreed, in view of the 
danger of an attack on South Carolina by sea from St. Domingo, or from 
the Alabama Fort, in the Creek Nation of Indians, that 2,000 men were 
needed for its defense and that of Georgia, and that they should be 
raised as follows: 

Five companies of regular troops '. 500 

Three independent companies 200 

Provincial troops from South Carolina 500 

Provincial troops from North Carolina ... 200 

Provincial troops from Virginia 400 

Provincial troops from Pennsylvania 200 

Total 2,000 

The troops were to be under the command of Colonel Bouquet, and to 
be transported to Charleston as soon as possible, the regulars and those 



PREFATORY NOTES. 



from Pennsylvania and Virginia by sea, and those from Nortii Carolina 
to march by land; all to be maintained with "the King's provisions" 
after their arrival in Sonth Carolina. 

On his retnrn liome Governor Dol)bs issued a call for a special session 
of the Legislature, to enable him to carry out his part of the agreement 
entered into at Philadelphia. He also at the same time issued a procla- 
mation for a day of Solemn Fasting and Humiliation, with which he was 
so much pleased that he sent a copy of it to Mr. Secretary Pitt, as he did 
afterwards (1759) a copy of a hymn of twelve stanzas, of "his compos- 
ure," to be sung on the day of Thanksgiving in that year, to the lOOth 
Psalm-tune. The old gentleman evidently thought well of his powers 
of composition in proclamation literature. The hymn was very patriotic 
and very protestant, and made tlie British Lion roar very loudly, while 
the poor " Papal Beast" hid away in great terror, and was in a bad way 
generally. The hymn, according to the Governor, had the further merit 
of being " in the line of the prophecies up to date." 

The Legislature met on the 16th May following and congratulated 
the Governor on his safe return from Philadelphia, but failed to reim- 
burse him for the expenses of his trip, an omission that he seems never 
to have forgotten or forgiven. The Legislature did not fail, however, to 
make the uecessar}- provision for raising troops to send to South Carolina, 
voting for that purpose £5,300 to raise two companies of 100 men each, and 
allowing each enlisted man £5 advanced payment. As usual, there was 
difficulty about arranging for the payment of the troops when outside of 
the Province. In this instance the Governor gave orders for the pur- 
chase of stores to send to Charleston to sell for that purpose, a hard 
necessity, as there was a duty on naval stores sent from North Carolina 
to Charleston. Public advertisement was also ordered to be made for 
any person willing to contract for remitting £500 sterling to South Caro- 
lina for the use of the troops. The officers of these companies were: 
Captains Caleb Grainger and John Paine, Dr. Hardy, Surgeon, and sub- 
alterns Brown, Dixon and Williams. 

Orders were also given to seud ttvo-thirds of the militia of the four 
southern counties to South Carolina upon the first notice from Governor 
Lyttelton or Colonel Bouquet. In July, however, Governor Lyttelton 



PREFATORY NOTES. 



wrote to Governor Dobbs requesting him not to march his men into 
South Carolina, as it seemed difficult to provide quarters for even the 
battalion of the Highland Regiment that came with Colonel Bouquet. 

In the spring of 1758 it was determined to undertake the reduction of 
Fort Duquesue in the next campaign, and the forces relied upon for 
the purpose consisted mainly of the troops from Pennsylvania, Mary- 
land, Virginia and North Carolina. Three conjpanies of North Caro- 
lina troops, under command of Major Hugh Waddell, were accordingly 
sent to General Forbes for operations on the Ohio. The companies were 
to consist of one hundred men each, and to encourage and hasten enlist- 
ment the Legislature gave £10 bounty to every able-bodied recruit. 
Two companies were sent by sea to the Potomac River, and the third 
marched by land from our western frontier to Winchester, Virginia- 
As the Province had no cash, and the currency was at a great discount, 
the men could not be paid after they left home, even at 50 per cent, dis- 
count, so that Governor Dobbs wrote to General Forbes to pay them and 
reimburse himself from the North Carolina dividend from the £50,000 
granted by Parliament to the Southern Provinces. Captains Paine 
and Bailey were witli Major Waddell. The result of the campaign, 
causing the French to abandon Fort Duquesue and retreat to the Missis- 
sippi, is a matter of general history. 

Governor Dobbs reported that Major Waddell "had great honor done 
him, being employed in all reconnoitering parties, and dressed and acted 
as an Indian ; and his sergeant, Rogers, took the only Indian prisoner, 
who gave Mr. Forbes certain intelligence of the forces in Fort Duquesue, 
upon which they resolved to proceed." A fuller statement is that the 
army had forty miles to march through a perfect wilderness when the 
winter set in. A regular siege could not be attempted, and the possi- 
bility of taking the fort by storm was not ascertained. In that desperate 
state of his affairs General Forbes offered a reward of five hundred 
pounds to any person who would take a hostile Indian prisoner. 
John Rogers, a sergeant in Major Waddell's company, brouglit in the 
prisoner, from whom the necessary information was obtained. The light 
troops made a forced march and the enemy abandoned the fort.* 



*WilIiamson'6 History of North Carolina, Vol. 2, p. 91. 



PREFATORY NOTES. 



Rogers's own statement, as set forth in his petition laid hefore the 
Assembly on the 7th May, 1760, was that he was sergeaijt in tlie com- 
pany commanded hy Major Hugh WacUlcll in the expedition against 
Fort Duquesne; that the commanding officer at Loyal Hanning promised 
a reward of fifty guineas and another officer one of four hundred guineas 
for taking of an Indian prisoner; that in consequence tiiereof and to 
distinguish his zeal for the public service, at the hazard of his life he 
did take an Indian prisoner in November, 1758, who gave satisfactory 
intelligence, &c. ; that General Forbes being since dead he conceived he 
could not get the reward, and therefore prayed the Assembly would con- 
sider the said service and make him some allowance therefor. The 
Assembly allowed him twenty pounds, Major ^yaddell, who was one of 
the meml)ers, being present. 

It is a little singular, to say no more, that the above is the only 
reference made by Williamson in his History of North Carolina to service 
of North Carolina troops beyond the borders of the Province during this 
long war, and that Martin in his History makes no mention whatever of 
such service, save a single reference to Colonel limes and his regiment, 
in which, curiously enough, in view of the facts, lie says that having 
marched at the head of his men to Virginia only to find the expedition 
countermanded for want of j)r()vision for its prosecution, "Colonel Innes 
marched back his men to North Carolina." 

On Friday, tiie 6th February, 1761, intelligence having been received 
the day before of the death of King George the Second, George the 
Third was duly proclaimed King at Brunswick "by all the gentlemen 
near the place, the militia drawn out, and a triple discharge from Fort 
Johnston of twenty-one guns and from all the ships in the river." On 
the next day, Saturday the 7tli, at Wilmington, His Majesty was again 
proclaimed by the corporation and gentlemen of the neighborliood under 
a triple salute of twenty-one guns, an entertainment being given and the 
militia drawn out. The day wound ii|> with bonfires, illuminations, a 
ball and supper, amid universal demonstrations of joy. 

On the 10th February, 1763, peace was made between Givat lirilain 
and France. 



PREFATORY NOTES. 



On the 10th October, 1764, Lieiitenaiit-Goveruor Tryon arrived at 
Cape Fear, iu North Carolina. 

On 28th March, 1765, Governor Dohbs died at iiis place in Bruns- 
wick on the Cape Fear. 



Had McCidloii never obtained such enormous grants for land iu North 
Carolina Arthur Dobbs, doubtless, wonld never have been its Governor. 
Dobbs, however, was one of the "associates" or partners of McCyulloh 
in the venture, and when the spoils were divided out more than two 
hundred thousand acres of land, some in Duplin, but the greater part in 
the south-western part of the Province, fell to the share of the future 
Governor. In view of the interest these "McCulloh lauds," on many 
accounts, have for the student of North Carolina history, a brief account 
of them, as shown by the records, will not be inappropriate. 

On 19th May, 1737, the Crown granted to Murray Cryrable and 
James Huey, two merchants of London, warrants for 1,200,000 acres of 
laud in North Carolina upon condition that they settled thereon 6,000 
Protestants, and paid as Quit Rents four shillings per 100 acres. These 
parties, however, as they subsequently formally declared, were mere trus- 
tees for one Henry McCulloh, another London merchant, and his asso- 
ciates. The Surveyor-General of North Carolina, in 1744, in pursuance 
of an order iu Council, surveyed and located the warrants on the heads 
of the Pee Dee, Cape Fear and Neuse Rivers, the associates being allowed 
to take out separate grants, provided no grant should contain less than 
12,000 acres. These lands, it seems, were laid out into tracts of 100,000 
acres each, as follows : 

Tracts numbered 1, 2, .3 and 5, on the waters of the Yadkin and the 
Catawba. 

Tracts niunberud 4, 7, S and 10, on the Yadkin and Uwharrie. 

Tracts numbered (i and 9, on tiie Yadkin. 

Tract niiiiibered 11, on the Caj)e Fear and Deep River. 

Tract numbered 12, on tiie Flat, Eno and Tar Rivers. 

These tracts were subdivided iuto smaller parcels containing 12,500 
acres each. Tracts Nos. I and 3 were assigned to "associate" John 
Selwyn, and Nos. 2 and 5 were assigned to "associate" Arthur Dobbs, 
of Castle Dobbs in Ireland, and in 1745 the grants therefor were issued. 



PREFATORY NOTES. 



On the same day a grant for 72,000 acres, between North East and Black 
Rivers, was issued to McCulloh by Governor Johnston. The grants for 
these lands are recorded in Book 19 of the Records of Grants in the 
office of the Secretary of State. Dr. VVni. Houston, of New Hanover, 
to whom some of the grants were issued as an "associate," was, in reality, 
only a trustee for McCulloh. At the same time that the grants were 
issued the grantees were exempted from the payment of Quit Rents until 
the 14th March, 1756, and allowed until that date to comply with their 
contract in the matter of settlement. Meanwhile the war with the 
Cherokees came on, and in view of the obstacles thereby thrown in his 
way McCulloh was given until 25th March, 1760, for the performance 
of his part of the contract. Afterwards the time was still further 
extended until two years after the conclusion of the war with the Chero- 
kees. Finally, in 1 762, a compromise was made with the Crown by which 
McCulloh and his associates were allowed to retain as much land as the 
number of settlers the}' had brought over would entitle them to on the 
original basis — i. e., 200 atu'es for each settler. Accordingly Colonel 
Nathaniel Alexander, of Mecklenburg county, and John Frohock, Esq., 
of Rowan county, were appointed Commissioners to ascertain the number 
of white persons, male and female, young and old, who were, without 
fraud, resident upon each of the grants on 25th March, 1760, and make 
due return of the same under oath to the Governor and Council. It was 
further agreed that upon such return being made McCulloh and his 
associates should formally surrender the unsettled lands to the Crown 
and be released from the payment of the back rents due thereon. After 
the arrangement was consummated Henry Eustace McCulloh sought to 
have the lines of his grants ascertained and the lands subdivided into 
smaller parcels to suit the wants of new settlers, but he found it almost 
impossible to do so. South Carolina surveyors were in the territory 
locating grants issued by that Province, North Carolina surveyors were 
there locating lands under her grants, and McCulloh's surveyors were 
also there in his interest. Disorders were frequent and violent collisions, 
in some of which lives were lost. Many settlers had entered upon the 
McCulloh lands and were determined .to hold them by force, and so at 

first when the McCulloh survevors took the field they were met by an 
5 



PREFATORY NOTES. 



armed force, some of them soundly thrashed, and all of them directed to 
interfere no further with the settlers and their lands in that part of the 
Province. These settlers to the number of about 150 families upon 
Sugar and Reedy Creeks were emboldened to a rare degree by the fact 
that the territory in question was claimed by both North and South 
Carolina. The authority of neither government, however, was respected. 
No officer of justice from either Province dared meddle with the settlers 
as they all "united together to repel what they called an injury offered 
any one of them," and even Goveruor Dobbs himself was personally 
treated with the greatest indignity. 

In 1762 the Sheriff of Anson county, having complained that he had 
been abused and insulted by the settlers on Sugar and Reedy Creeks in 
the execution of the duties of his office, was ordered to raise the jjosse 
commitatus and apprehend the guilty parties; but they having notice 
thereof collected themselves together, and when he attempted to arrest 
them began to behave in a riotous manner. The Sheriff thereupon, in 
the King's name, commanded the peace, but not a whit intimidated, " they 
damned the King and his peace and beat and wounded several of those 
whom the Sheriff had called to his assistance; return of which having 
been made to said Court, the persons so beat and abused were summoned 
on his Majesty's behalf to the Superior Court of that district and indict- 
ments found against several of tlie rioters and proper precepts issued for 
apprehending them, all of which were returned 'not executed,' by 
reason of the threats and frequent abuse committed upon the officers of 
justice and the protection they mett with from the South Carolina gov- 
ernment." 

The troubles in this section began as far back as the year 1765. In that 
year Governor Dobbs visited his lands and was applied to by several 
parties for the same piece of land. The unsuccessful parties then applied 
to Governor Glenn, of South Carolina, for a grant, alleging that the 
lands were in that Province, and the South Carolina Governor, it seems, 
was not loth to extend or confirm his jurisdiction, as the case might be. 

The lands thus retained remained in the possession of McCulloh and 
his son, Henry Eustace McCulloh, and their associates until the Revolu- 
tion, when they were confiscated, their owners having adhered to and 



PREFATORY NOTES. 



remained in Great Britain during that struggle. After the war was over 
Henry Eustace McCulloh wrote a very cringing letter to Mr. Iredell, 
begging most humbly his influence in securing the return of his property, 
but it availed nothing. This bit of history will account for the pro- 
vision in our statute book under the head of Evidence relating to the 
McCulloh lands. 

Among the persons brought over by McCulloh were some of the first 
settlers of Duplin county. 



As has been before stated, the dispute between the two Carolinas about 
their boundary line had its origin about 1720, when the purpose to erect 
a third Province in Carolina, with the Savannah River for its northern 
boundary, began to assume definite shape. But the matter not being of 
any pressing practical importance the Lords Proprietors sold their rights 
to the Crown without having fixed the limits of either Colony. After 
the surrender of the charter, however, it was thought best to put an end 
to the uncertainty in the premises, and on Thursday, the 8th of January, 
1729-'30, the newl3'-appointed Governors, Colonel Johnson, of South 
Carolina, and Captain Burrington, of North Carolina, together with 
other gentlemen belonging to those Provinces, then in London, appeared 
before the Lords of the Board of Trade and Plantations at Whitehall 
and made known to the Board that they had agreed upon a division line 
between the Provinces which they promised to mark upon a map for the 
information of the Board. Two weeks later the two Governors being 
again "present as they had been desired in relation to the Boundaries 
between those Provinces mentioned in the minutes of the 8th inst., their 
Lordships after some discussion thereupon agreed upon the following 
divisional line, vizt. : the line to i^egin at 30 miles southwestward of Cape 
Fear, and to be run at that parallel distance the whole course of said 
river," and directed the respective Governors to be instructed accordingly. 
In June following Governor Johnson informed the Board that he did 
"apprehend the running the boundary line between North and South 
Carolina would admit of the following way of expresing to answer the 
same intent, viz. : That a line siiould be run (by Commissioners appointed 
by each Province), beginning at the Sea 30 miles distant from the mouth 



PREFATORY NOTES. 



of Cape Fear River, on the southwest side thereof, keeping the same dis- 
tance from the said river as the course thereof runs, to the main sourse 
or head thereof, and from thence the said boundary line shall be con- 
tinued due West as far as the South Sea; but if Waccama River lyes 
within thirty miles of Cape Fear River, then that river to be the boundary 
from the sea to the head thereof, and from thence to keep the distance of 
thirty miles Parallel from Cape Fear River to the head thereof, and from 
thence a due West course to the South Sea." 

This suggestion having been adopted, was made by the Board in Decem- 
ber, 1730, a part of the instructions to the two Governors. It was 
charged, however, in North Carolina that, in making it the South Caro- 
lina Governor took advantage of the ignorance of the Board of Trade 
in the matter of Carolina geography. Wiiether ignorantly or knowingly 
given, the instruction was a hard one for North Carolina, and the Governor 
and Council protested against the injustice of a line which, as the Cape 
Fear River rose very close to the Virginia border, would have prevented 
any extension on the part of North Carolina to the westward. Meanwhile 
both Provinces claimed laud on the north side of Waccamaw River. 

In 1732, Governor Burrington published a Proclamation in Timothy's 
Southern Gazette, declaring the lands lying on the north side of Wacca- 
maw River to be within the Province of North Carolina. Governor 
Johnson, of South Carolina, replied in the same paper by proclamation 
also, that they belonged to South Carolina, and stated that when he and 
Governor Burrington appeared before the Board of Trade in London to 
settle the boundary between the two Provinces Governor Burrington 
laid before their Lordships Colonel Moseley's map describing the Cape 
Fear and Waccamaw Rivers, and insisted that the Waccamaw should be 
the boundary from its mouth to its head ; that on the part of South 
Carolina it was insisted that the line should run thirty miles distant from 
the mouth of Cape Fear River on the south-west side thereof, &c., as set 
forth in the instructions, and that the Board agreed thereto, unless the 
mouth of Waccamaw River was within thirty miles of Cape Fear River, 
in which case both Governor Burrington and himself agreed tliat Wac- 
camaw River should be the boundary. The omission of the word mouth, 
in the last pait of the instructions. Governor Johnson thought was only 
a mistake in the wording of it. 



PREFATORY NOTES. 



In consequence of the disputes and of the representations made to 
them the Ijords of Trade withdrew their instruction and ordered that 
each Province should appoint Commissioners to agree upon a proper line, 
subject to the King's approval. Accordingly on the 23d April, 1735, 
the Commissioners appointed by the respective Colonies met at the house 
of Eleazer Allen, Esq., in New Hanover precinct, and on the next day 
agreed "that a due west line siiould be run from Cape Fear along the sea 
coast for thirty miles, and from thence proceed northwest to tiie 35th 
degree of north latitude, and if the line touched Pee Dee River before 
reaching the 35th degree, then they were to make an offset at five miles 
distant from Pee Dee and proceed up the river till they reached that 
latitude, and from thence they were to proceed due west until they came 
to Catawba town, but if the town sliould be to the northward of the line, 
they were to make an offset around the town so as to leave it in the south 
government." 

A copy of this agreement, duly signed and sealed, was deposited in 
the Secretary's office in each Province. The Commissioners began to run 
the line on the 1st May, 1735, and proceeded 30 miles west from Cape 
Fear, which fell 10 poles of the mouth of Little River, and then went 
north-west to the country road and set up stakes there for the mearing or 
boundary of the two Provinces and then separated, agreeing under hand 
and seal to meet again on the 18th September, and if either party failed 
in coming the other was to continue the line and it was to be binding 
upon both. In September the North Carolina Commissioners attended 
and ran the line north-west about 70 miles. The South Carolina Com- 
missioners arrived in October and followed the line about 40 miles, and 
finding the work right so far sent a draught of what they had done to 
the Lords of Trade, and as they had been paid nothing for their trouble 
or expense, would proceed no further. A deputy surveyor, however, 
took the latitude of Pee Dee at the 35th parallel and set up a mark 
which was from that date deemed to be the mearing or boundarv at that 
place. 

In 1737 the line was extended in tiie same direction twenty-two miles 
to a .stake in a meadow supposed to be at the point of intersection with 
the 35th parallel of north latitude.' In 1764 the line was extended 



PREFATORY NOTES. 



from this stake due west sixty-two miles, intersecting the Charleston 
road from Salisbury near Waxhaw Creek at a distance of sixty-one miles. 
In 1772, after making the required offsets so as to leave the Catawba 
Indians in South Carolina in pursuance of the agreement of 1735, Com- 
missioners appointed by the Governors of the respective Provinces 
extended the line in a due west course from the confluence of the North 
and South forks of the Catawba River to Tryon Mountain. This was 
done in pursuance of instructions from the Board of Trade sent out the 
year before. The Legislature of North Carolina, however, repudiated 
not only "the line of 1772," as it was called, but the authority by which 
it was run, contending tiiat the parallel of tiiirty-five degrees north lati- 
tude having been made the boundary by tiie agreement of 1735 it could 
not be changed without their consent, and maintained this position until 
1813, when it was agreed that the "line of 1772" should be recognized 
as a part of the boundary. The reasons that controlled the Commis- 
sioners in recommending this course, and the Legislature in agreeing to 
it, were that the observations of their own Astronomer, President Cald- 
well of the University, showed there was a palpable error in running 
the line from the Pee Dee to the Salisbury road, that line not being upon 
the 35th parallel, but some 12 miles to the south of it; that "the line 
of 1772" was just about far enough north of the 35th parallel to rectify 
that error by allowing South Carolina to gain on the west of the Catawba 
River substantially what she had lost through misapprehension on the 
east of it, and that it was better to secure the proffered confirmation of 
the line east of the Catawba by this restitution than to undo everything 
that had been done and go back to the 35th parallel for the line, though 
agreed upon in the compromise of 1735 and called for iu the Constitu- 
tion of 1776. 

The zigzag shape of the line as it runs from the south-west corner of 
Union county to the Catawba River is due to the offsets already referred 
to and which were necessary to throw the reservation of the Catawba 
Indians, which had been set off to them by metes and bounds, into the 
Province of South Carolina. There is usually a substantial, sensible, 
sober reason for any marked variation from the general direction of an 
important boundary line, plain enough when the facts are known ; but 



PREFATORY NOTES. 



the habit of the country is to attribute such variations to a supposed 
superior capacity of the commissioners and surveyors "on the other 
side" for resisting the power of strong drinit. Upon this theory, judg- 
ing from practical results, North Carolina in her boundary surveys, and 
they have been many, seems to have been unusually fortunate in having 
men who were either singular!}' abstemious or very capable in the matter 
of strong drink, for so far as now appears, in no instance have we been 
overreached. 

Space will not conveniently permit a detailed statement of the con- 
dition of affairs in the disputed territory. It is sufficient to say that 
grants were issued by the South Carolina Governor for lands to the north 
of the 35th parallel, and by the North Carolina Governor for lands 
south of it, and that the result from all causes, according to the state- 
ment of Governor Dobbs, was the creation of a " kind of sanctuary 
allowed to criminals and vagabonds by their pretending, as it served 
their purpose, that they belonged to either Province." But who can 
help a feeling of sympathy for those reckless free lances to whom con- 
straint from either Province was irksome? After men breathe North 
Carolina air for a time a very little government will go a long way with 
them. Certainly the men who publicly "damned the King and his 
peace" in 1762 were fast ripening for the 20th May, 1775. 



Meanwhile the Colony was steadily growing in wealth, productions 
and population. The population numbered, it may be safely said, near 
100,000 at the beginning and near 125,000 at the end of Dobbs's admin- 
istration, three-fourths, if not four-fifths, of whom were white. To 
meet the wants of white new-comers, four new counties had been recently 
created, to-wit: Orange and Cumberland in the centre and Anson and 
Rowan in the west. So fast had the population in Orange and the 
western counties grown, that whereas in 1746 scarce 100 fighting men 
were therein to be found, there were in 1753 full 3,000, in addition to 
some 1,000 or more Scotch, in Cumberland, equivalent to 20,000 or 
more people, covering the Province more or less thickly from Hillsboro 
and Fayetteville westwardly to tiie mountains. How many of these 
new-comers were Irish and how many were German may not now be 



PREFATORY NOTES. 



.said with certainty. On the 10th July, 1756, Governor Dobbs wrote to 
the Earl of Loudoun that there were not "100 families of foreigners 
[Germans] in the Province," which but ill accords with the statement of 
President Rowan that in June, 1753, there were iu the up country "at 
least 3,000 fighting men, for the most part Irish Protestants and Germans, 
and dayley increasing." The weight of testimony seems to show, how- 
ever, that the Scotch-Irish were the pioneers, and for some years con- 
stituted the bulk of the earlier settlers of the up country. 

And just here it may be pertinent to remark that when it is remem- 
bered that Governor Johnston came from the south-west part of Scotland, 
and that President Rowan and Governor Dobbs came from the north-east 
of Ireland, and when the intimate connection between these localities is 
considered, it is easy to understand how that wonderful migration of 
Scotch-Irish, that did so much for the settlement of North Carolina, had 
its origin. Through these three men, Johnston from Dumfriesshire, and 
Rowan and Dobbs from Antrim, these three successive Governors of the 
Province, their relatives, friends, connections and acquaintances in the 
north of Ireland and the south of Scotland, North Carolina was, per- 
haps, better known there than in any other part of the old world.* It 
could not well have been otherwise, seeing that for thirty years the Chief 
Executives of the Province were native there and in many ways well 
known. Doubtless, as Governor Dobbs insisted, but for the restrictions 
put upon tiie Southern Provinces by the Navigation Acts of Great 
Britain, by which direct trade was rendered practically impossible, that 
migrati(jn would have come by shipping from Ireland directly to our own 
shores rather than to those of Pennsylvania and from thence to find its 
way liitlier in wagons overland. 

In all of this territory the black population, young and old, male and 
female, did not reacli five hundred. In the other or older settled parts 



*Colouel Imies, too, must be taken iuto this count. Aecoi-ding to Burke, the family of 
Inues is of great aotiquit}' iu Scotland and derives its surname from the lauds of Innes, a 
word supposed to be derived from Gaelic Inch, part of that barony being an island formed 
by the two branches of a stream running through the estate. It is notable, too, for its 
rank. Barons, Earls and even Dukes being among its members. Of this family it was said 
that 'Mu al! the long course of their suceessiou their inheritauee never went to a woman : 
that none of them ever married an ill wife, and that no friends ever suffered for their 
debts." 



PREFA.T()RY NOTES. xi.i 

of the Province, that is to say, to the eastward of Hillsboro and Fayette- 
vilie, the black population was much more numerous, but even there con- 
stituted only about one-fourth of the whole. 

The returns also showed that there were in North Carolina, whicii 
then extended to the Mississippi, the following named Indian tribes: 

In Anson county, which embraced all the western part of the Province 
to the Mississippi River, 240 Catawba and 2,390 Cherokee warriors; 
in Bertie county, 100 Tiiskerora warriors and 201 women and children ; 
in Granville county, 7 or 8 Meherrin warriors, and on the Islands or 
"the Banks," some 15 or 20 Mattamuskeet and other Indians. 

The military strength of the Province in 1754 was about 15,000 
infantry, 400 mounted men, 1,000 exempt from muster, as Justices, Law- 
yers, Millers, Ferrymen, &c., and about 1,500 on the frontiers not 
enrolled. There were 22 counties, in each of which President Rowan 
had formed a regiment of infantry, the militia having fallen much to 
decay during the administration of Governor Joiinston. 

The chief productions of the Province during Dobbs's administration 
were naval stores of all kinds, lumber of all kinds, pork, beef, hides, 
deerskins and furs, bees and myrtle wax, rice, Indian corn, cotton and' 
indigo. The cultivation of tiie last named article was gone into witii 
great spirit at first, it being believed that " it could be grown here equal 
to any in America," in fact that it tlirived here "to admiration." Laler 
on, however, it was found that indigo did not answer so well for a money 
crop, as it suffered so much from drought and other accidents that no 
dependence could be put upon any but the first cutting. The exportation 
of beef, too, from the Province was very much lessened by the great loss of 
cattle occasioned by a distemper brought from South Carolina, by whicli 
near seven-eighths of the cattle were destroyed, so that as late as 1764 
the Province was only just beginning to recover from the loss thereby 
inflicted. The price of beef was raised to 4d. per pound, and the price 
of salt butter from 12d. to near two siiillings per pound. Mulberry trees, 
it was said, became full grown in three or four years from the seed, and the 
climate being regarded as "extremely proper for silk," the future of the 
silk business was looked forward to, as usual, with extravagant hopeful- 
ness, The native grapes of the upper country were said to yield rich 



PEEFATORY NOTES. 



wines, and needed only "proper vine dressers to improve them." Hemp 
and flax grew surprisingly, and flaxseed were exported hence to Ireland, 
via Pennsylvania, that exceeded in quality the best Pennsylvania and 
New York seed. Tobacco, too, and of a better kind, grew more abund- 
antly than in Virginia, but as the market was already overstocked, and its 
production here would prejudice the trade of Virginia, the government 
did not encourage it, so that only some two thousand hogsheads were 
grown by "planters on the Virginia Line and Roannock and Chowan." 
But in spite of the lack of encouragement from the government the cul- 
tivation of tobacco increased so much that in 1756 warehouses were estab- 
lished for its inspection before being exported from the Province by sea 
at Relfs in Pasquotank, the Court House in Perquimans, at Edenton and 
Bennet's Creek in Chowan, Jackson's Ferry on the Chowan and Whit- 
melFs on the Cashie in Bertie, Pitch Landing in Northampton, at 
Elbeck's Landing on Roanoke, William Williams's, Kehukee and How- 
ell's Ferry on Tar River in Edgecombe, at Red Banks in Beaufort 
county and at Bath Town. Others were established later, as follows: in 
1758, one on the lands of Thomas Barnes on Roanoke River in Hali- 
fax; in 1759, three in the county of Dobbs, and in 1760, two in Cumber- 
laud. The cultivation of wheat, too, increased so that in 1764, bolting 
mills having been erected on the Cape Fear, several hundred barrels of 
flour were exported to the East Indies, a great change, remembering that 
hitherto all the flour had been brougiit from New England. A premium 
upon the exportation of hemp and flax liaving been given by the Legisla- 
ture, these articles were no longer carried to South Carolina for exporta- 
tion, but sent out directly from the Cape Fear. 

The only articles manufactured in the Province were "a few ill-made 
coarse hats," linen that Irish back settlers were beginning to make, and 
the common "homespun" cloth that formed the ordinary wear of the 
country. The exports of naval stores had also increased in 1764 to 
36,647 barrels per annum, and above forty saw-mills having been put 
upon the Cape Fear and its branches, more than 30,000,000 feet of scant- 
ling and lumber were exported. 

The Province had no trade with any foreign plantation except Eusta- 
tia and St. Croix, and with no foreign Countries in Europe except with 



PREFATORY NOTES. 



the Madeiras aud Azores, and with the Canaries, for wine. Its trade 
was carried on by inland carriage from Virginia and South Carolina, and 
by shipping through its different ports. Owing to the death and removal 
of officers Governor Dobbs could not get exact returns, but he considered 
the following estimate to be very nearly accurate: number of shipping, 
296 (mostly small); tonnage, 11,862, and seafaring men, about 1,500. 
The proportion of the several ports was as follows: 

PORTS. SHIPS. TONS. 

Brunswick 90 4,830 

Beaufort 73 2,740 

Bath 30 1,163 

Roanoke, 97 3,052 

Currituck 6 77 



296 11^862 

The tonnage as above e.stimated was supposed to be about one-third 
short of the real burden of the vessels, being taken from the registers 
wherein it was usual not to insert above two-thirds of the true tonnage. 
Not above 50 of these vessels were owned in the Province, nor had there 
been any increase or diminution in the shipping for some time, though 
there would have been an increase to supply the new inhabitants had it 
not "been for the war and the increased inland traffic with Virginia. 

The British manufactures imported into the Province amounted to 
some £28,500 per annum, about one-half coming directly from Great 
Britain, the rest coastways from Boston, New York, Philadelphia, &c. 
These manufactures consisted of linens and woolens and all kinds of 
clothing, hardware, naiJs, earthenware, pewter and tin manufactures, 
powder aud lead, stationery and haberdashery wares. From the num- 
ber of factors from Virginia .scattered through tiie Province it was esti- 
mated that the Britisii manufactures brouglit inland from that Colony 
greatly exceeded the import into any of our sea-ports. The quantity from 
Sonth Carolina was mucli smaller. These manufactures were of the same 
kind as those directly imported from Great Britain, but often such as had 
become unsaleable at the place of their import. 



PREFATORY NOTES. 



Illicit trade directly with foreigners was but little known in the Prov- 
ince during Governor Dobbs's administration, though foreign commodi- 
ties were doubtless brought here by small sloops and schooners from the 
Northern Colonies with regular clearances from the Collectors there, by 
which the cargoes appeared to be British commodities legally imported 
there. The chief part of the illicit trade in South Carolina was carried 
on with St. Augustine and Havana. During the administration of Gov- 
ernor Dobbs, indeed, there were but three seizures, although during a 
great part of the time there were two sloops of war, the Hornet and 
the Viper, cruising oif the coast in the revenue service, and in the case 
of one of these seizures there was manifestly no purpose to violate the 
law. In the importation of wine and spirits, however, upon which the 
Province laid an import duty, the Governor thought there was fraud, by 
"running and short entries," which, under the circumstances, it seemed 
impossible to prevent. 



From a statement submitted to the Assembly on the 24th November, 
1764, by Mr. Treasurer Starkey, setting forth in detail the amount, kind 
and value of the paper money of the Province then current, it appears: 

That in April, 1748, the sum of £21,350 and in March, 1754, the 
sum of £40,000 were issued to be current and lawful tender in all pay- 
ments at the rate of proclamation standard, that is, every 4s. proclama- 
tion bills to be of the value of 3s. sterling, for redeeming and sinking 
which an annual poll tax of Is. per poll was laid on each taxable 
and a duty of 4d. per gallon on all spirituous liquors imported into the 
Province, to continue until the said bills should be paid in and burnt; 
that in the year 1760 were issued £12,000 at same rate, to be redeemed 
by a poll tax of Is. per poll, to begin in the year 1763 and continue 
until tiie said sum should be paid; that in 1761 were issued £20,000 in 
legal tender bills, at the rate above mentioned, to be redeemed by an 
additional poll tax of 2s. per poll, to begin in 1764 and to continue till 
the said £20,000 be paid in and burnt; and that there had been paid in 
and burnt of the above £25,286 12s., leaving then in circulation of the 
above issues £68,063 8s. 



PREFATORY NOTES. 



That in the year 1756, for the encouragement of the late war, there 
were issued treasury notes bearing interest at 6 per cent, from their 
respective dates to lOtii November, 1757, at the ab(jvenientioncd rate, 
to the amount of £3,600 principal money, for redemption whereof a 
poll tax of 2s. was laid for the year 1756, and an additional duty of 
2d. per gallon on ail spirits imported for one year; tliat in 1757 a fur- 
ther sum of these notes, amounting to £5,306 principal money, on same 
terms as above, to bear interest till 29th September, 1758, for redemp- 
tion of which a poll tax of 4s. 6d. was laid for 1757, and a tax on law- 
suits for two years; that in the same year was issued a further sum of 
£9,500 in interest notes, redeemable 10th December, 1758, by a poll tax 
of 6s. 6d. levied for the year 1758; that in the year 1758 a further sum 
of £7,000 was issued in interest notes, redeemable 12th December, 1759, 
by a poll tax of 4s. 6d. laid for the year 1759, and a duty of 2d. per 
gallon on all spirits imported for the term of four years; that in the 
same year a further sum of £4,000 was issued in interest notes, redeem- 
able on the 10th .June, 1761, by a poll tax of 3s. Id. levied for 1760, 
amounting in all to £30,776, including interest; tiiat on the above there 
had been paid in and burnt £23,807 .jS. lOd., leaving a balance, includ- 
ing interest thereon, of £6,968 16s. 2d. in interest notes still in circula- 
tion. From all of which it appears that since April, 1748, to 24th 
November, 1764, there had been issued: 

Bills of credit at proclamation standard £ 93,350 

Interest notes .30,776 

Total £124,126 

Amount of the above paid in and burnt... 49,093 15 10 

Leaving still in circulation £ 75,032 4 2 

For the sinking of the above a poll tax of 4s. and a duty of 4d. per 
gallon on spirit.s were laid to continue until the whole should be paid in 
and burnt. As there were about 35,000 taxables in the Province the annual 
revenue from this source would have been about £7,000, had collections 
been closely made, and according to the estimate of Governor Dobbs a 4d. 
duty on spirits ought to have been worth over £1,000 a vear. As a 
matter of fact, however, tax collections were negligently made bv the 



PREFATORY NOTES. 



Sheriffs and even more negligently returned to the Treasurers, and the 
duties on spirits were evaded by shippers. 

And thus another embarrassing legacy was left for succeeding admin- 
istrations to dispose of. What was the outcome of it all remains to be 
seen. For the present it is sufficient to say that in view of the impor- 
tant part the public debt played in tiie politics of the Province the above 
official statement, sliowing its amount and the history of its creation in 
detail, is as opportune as it is interesting. 



It must not be supposed, however, there were no hindrances to the 
growth of the Province save internal strife and disordered finances. 
Other obstacles quite as serious grew out of the restrictions upon the trade 
of the Colonies imposed by the "Navigation Acts" of Great Britain, as 
they were called. For example, the prohibition upon the importation of 
salt from all parts of Europe, except Britain, to North Carolina and the 
other Southern Provinces was a serious drawback upon our trade. It 
mattered not, then, that the salt brought from Great Britain was not 
adapted to the curing of pork and beef in our climate, and that " Portu- 
gal salt" was found by the producer to be "the only proper salt" for the 
purpose, it could not be imported directly into the Province, but had to be 
brought " at great disadvantage from New York and Pennsylvania at 
double freight and a further advanced price to the Northern importers." 
Had there been no such iniquitous restriction upon our importations . 
trade would have opened up directly to Portugal and Spain for salt and 
wine, in return for our lumber, naval stores, corn aud other products, 
that those countries were obliged to buy somewhere. Like restrictions 
prevented what otherwise would iiave been profitable trade with other 
countries. A special grievance growing out of the restrictions upon the 
trade with Ireland was that immigrants seeking this Province were obliged 
to go first to Pennsylvania and from thence to Carolina by land, in wag- 
ons, at such great expense that when they reached here they were for 
some time incapable of improving the lands they took up. So, too, as a 
result, in part, of a want of proper salt to cure meat, the chief part of the 
live stock in the northern and western part of the Province was driven 
by land to Philadelphia, and the hogs to Virginia. 



PREFATORY NOTES. 



Other impediments to the growth of the Province during Governor 
Dobbs's administration came from the Indian wars of that period, to 
understand which readily it will be well to keep in mind: 

1st. That the Shawnee Indians lived on the waters of the Upper Ohio, 
abreast of the frontiers of Pennsylvania and Virginia. 

2d. That the Cherokees lived over the Blue Ridge, extending from 
the Keowee Valley in South Carolina across North Carolina toward the 
Virginia line; that the "lower towns," as they were called, were in the 
Keowee Valley, the "middle towns" on the upper waters of the Little 
Tennessee River, and the "upper towns" still further to the north, and 
that being thus situated the Cherokee country was more accessible from 
South Carolina than from any other Province. 

3d. That the Catawbas lived in both of the Carolinas, extending 
from Catawba River to the Blue Ridge; that owing to frightful ravages 
of the small-pox in 1760 the tribe, at no recent date very large, was so 
greatly reduced in numbers as to be insignificant either as friends or as 
enemies. 

The following recapitulation will give some idea of the Indian troubles : 

In June, 1753, three French and five Northward Indians met and 
fought thirteen Catawba Indians witiiin less than two miles of Salisbury 
and during the session of the Court. Two of the French and three 
of the Northern Indians were killed. 

In .lune, 1754, Colonel Clark informed President Rowan that on the 
morning of the 16th of that month the Indians killed sixteen persons 
on BuflFalo Creek, on the north side of Broad River, and that ten others 
were missing, supposed to be killed or carried away as captives, and that 
he thought it was their purpose to cut off the back settlements, and said 
that unless help was given all the |)eople would be obliged to move away, 
as some had already done. As their weapons had no cross upon tiiem 
they were not believed to be French Indians. 

In 1755, early in the year, a company was stationed on the frontier, 
and later in the year a fort called Fort Dobbs was built on Fourth Creek, 
between Salisbury and Statesville, and not very far from the point where 
the Western North Carolina Railroad crosses it. This place was fixed 
Upon as the liiost Central for a retreat for the hack settlers, being beyond 



PREFATORY NOTES. 



the well-settled country yet uot out of reach. This fort was built by 
Captain Hugh Waddell, and was for some time under his command. 

In February, 1756, an expedition under Major Andrew Lewis, consist- 
ing of some one hundred or n)ore Clierokee Indians and some two hun- 
dred or more Virginia Rangers, was sent against the Shawnee Indians 
because, as Governor Dinwiddie said in his instructions to Major Lewis, 
the Shawnees had, contrary to their faith, in a most violent and barba- 
rous manner, robbed and murdered many persons in tiie frontier settle- 
ments, for which reason he had detei'mined to attack them in their towns 
and punish them. 

The expedition, however, proved unsuccessful, after a six weeks' cam- 
paign in the woods. The streams they had to cross were so much 
swollen from the rains and the snows that they lost their provisions and 
ammunition in crossing tliem, and the expedition was obliged to return 
in a starving condition, being compelled to kill their horses for food. 
On the return of the Cherokees througii Virginia from the Shawnee 
campaign certain liorses running at large in the range were taken by 
tliem to speed them on tlieir journey liomeward. For this the Virginia 
owners of tlie horses rose in arms, attacked tlie Indians and killed some 
sixteen of their number. 

In 1756 Commissioners were appointed to visit the frontiers and 
recommend to the Governor a place for the location of the new fort, and 
report upon the condition of Fort Dobbs, Ri<'hard Caswell being one of 
the Commissioners. On the 21st December, 1756, they reported that 
tiiey had viewed tlie western settlements and found them in a defenseless 
condition, except near Fort Dobbs, wiiich was a good and substantial 
building of oak logs 63x40, and 24J feet high, containing three floors, 
from which 100 muskets might be discharged at one time. They also 
found, under command of Captain Waddell, 46 effective men, officers 
and soldiers appearing well and in good spirits. The new fort, wiiicii 
they recommended to be located near the Catawba River, was to be a 
stockaded fort and not put up at any great expense, as it was expected 
the settlements would continue I'eaching out to the westward. The site 
of the fort is now known as "Old Fort," being the station of that name 
on the. Western J^'orth Carolina Railroad, at the foot and to the eastward 



PREFATORY NOTES. 



of the famous "Mountain Section" of that road. It seems, however, 
that altiiongh this fort was intended mainly for the defense of the Cataw- 
bas and to fix tliem in tiio English interest, they became very much dis- 
pleased and regarded what iiad been done as an encroaeliment on their 
possessions, instead of being grateful for the money expended for their 
protection. It is easy to see the fine hand of the French in this. 

In July, 1756, petitions were sent to the Governor from the settlers on 
Broad and South Catawba Rivers, setting forth that several robberies and 
other abuses had been committed by parties of strolling Indians who 
would not discover to what nation they belonged, but were believed to be 
Cherokees, headed by some French Indians and perhaps two or three 
Northern Indians that 'the French brought with them. These gained 
some of the strolling Cherokees to commit robberies, hoping thereby to 
provoke the settlers to some action tiiat would serve as a pretext to fall 
upon and murder them, and so bring on a general war. 

At the October session in 1756 an address was sent by the Legisla- 
ture to the King, representing the defenseless condition of the Province 
and the danger to which the frontier inhabitants were exposed from both 
the French and their Indian allies; that the latter had already committed 
several acts of hostility, and from their threats were expected to commit 
others; that the Cherokees, a numerous and warlike nation, that had for- 
merly given the strongest assurances of good-will, were now, since the 
fall of Oswego, committing such outrages on our frontiers as to leave no 
doubt of tiieir alliance with tiie French, and that in case of war with 
them Fort Dobbs and the company stationed in its garrison, even though 
assisted by the militia in the neighborhood, would be able to make but 
little defense. They declared also that as all the hack settlers were pre- 
paring to retire from the frontier into the inner settlements thev were 
unwilling to part with any more men out of the Province. 

In the same year, and in the year following, a great number of people, 
on account of the war with the Shawnee and Delaware Indians, sought 
and found refuge with the Moravians, who enclosed their town, Betha- 
bara, and the adjacent mill, near which some of the fugitives had built 
houses, with palisades. 



PREFATORY NOTES. 



In 1757, Governor Dobbs reported that the Catawbas insulted our 
planters and had the impudence, during a sitting of the Supreme Court 
in Salisbury, in Rowan county, to insult the Chief-Justice. This was 
upon their return home, after doing little or nothing in Virginia in one 
of the campaigns there. Having robbed a wagon and tied up a wagoner 
with his own chain, they were followed and the goods retaken, whereupon 
they returned, loaded their guns and insulted the Court. 

In May, 1758, a petition was presented to the Legislature from the 
inhabitants of Rowan county, setting forth that the murders lately com- 
mitted on the Dan River had occasioned the inhabitants of the forks of 
the Yadkin to leave their settlements, and praying the continuance of 
Captain Bayley (who was the successor of Captain Waddeli) and his 
company, or some others in their room. 

On the 10th May, 1759, Governor Dobbs informed the Assembly that 
he had received an express from the western frontiers stating that sev- 
eral murders had been committed by Indians supposed to be Cherokees, 
and desired the advice of the Assembly as to the best and quickest way 
to protect the inhabitants; he also asked that provision be made for pay- 
ing workmen for putting in order such arms as could be gotten. The 
Assembly being of opinion that the militia law fully authorized the Gov- 
ernor to marcii the militia against the enemy in case they invaded or dis- 
tressed the inhabitants of the Province, with proper pay for both officers 
and men when so employed, advised him first to order out the militia of 
the country where the murders were committed, and the parts adjacent 
thereto, and made provision for the payment of workmen to put the arms 
in proper condition for service. Shortly after this Major Waddeli was 
given two companies of provincials to protect the frontier inhabitants 
and a commission as Colonel, with authority to order out and command 
the militia regiments of Anson, Rowan and Orange, if the Indian incur- 
sions should continue. 

In the fall of 1759, Governor Lyttelton, hurried on, it is said, "by 
zeal to display authority, and eager to gain the glory of conducting an 
unusual expedition against the Cherokees," determined to conduct in per- 
son an expedition against them, and appealed to Georgia, North Carolina 
and Virginia for help. By the consent of the Council Governor Dobbs 



PliEFATORY NOTES. 



sent an express to Colonel Waddell to order out the Anson, Rowan and 
Orange regiments to co-operate with the forces under Governor Lyttel- 
ton. Orders were also sent to the Colonels of militia at Edenton and 
New-Bern to assemble their regiments and report how many men were 
ready and fit for service, and to be prepared, in case of a draft, to send 
detachments at once to the frontiers. The provincials and live hundred 
of the militia, who had been drafted for that purpose, were finally ordered 
to" South Carolina under Colonel Waddell. The great body of the mili- 
tia, however, refused to march beyond the borders of the Province, so 
that the North Carolina contingent was greatly reduced in numbers. 
With the forces at his command, however, Colonel Waddell pursued his 
march until ordered back by Governor Lyttelton. 

Meanwhile, on the 17th of October, a deputation of Chiefs from the 
Cherokee Indians had appeared in Charleston and pleaded for peace. 
Governor Lyttelton, however, intent upon his expedition, told them to 
return with him and that "not a hair of their heads should be hurt." 
Taking up the march, Governor Lyttelton and his forces reached Fort 
Prince George in December, where the Indian Chiefs who, in violation of 
all laws, had been arrested on the way were imprisoned in a small hut. On 
the 26th of the month a treaty was made, one of the provisions of which 
was that the Chiefs were to be confined in the forts as hostages as a guar- 
antee for its execution. Governor Lyttelton and his forces then returned 
home. The result was what might have been expected. 

In January, 1760, the Captain and two other officers of Fort Prince 
George, where the hostages were held in custody, were beguiled from the 
fort by the Indians and assassinated, and thereupon, the hostages having 
been put to death, a general massacre of the whites outside of the fort 
began. In April, General Amherst sent six hundred Highlanders and 
six hundred royal Americans, under Colonel Montgomery and Major 
Grant from the Army at tiie Northward, to strike a sudden blow at the 
Cherokees and return. With these forces, two hundred and ninety-five 
South Carolina Rangers, forty picked men of the new "levies" and "a 
good number of guides," amounting in all to about 1,650 men. Colonel 
Montgomery moved from Ninety Six, in South Carolina, on the 28th of 
May. That there were no troops from North Carolina in the expedition 



PREFATORY NOTES. 



was due, doubtless, to the refusal of Governor Dobbs to approve the bill 
making provision for raising troops in time for it, an account of which will 
be seen elsewhere. On tiie 1st of June he crossed Twelve-Mile River, 
where the tents were left and the work of destruction began in earnest. 
Every village in the Valley of Keowee was first plundered and then 
burned. Resting at Fort Prince George, the ujiper and middle Cherokee 
towns were summoned to make peace on penalty of suffering like treat- 
ment. On the 24th June, no response having been made to his summons. 
Colonel Montgomery began his march for the middle and upper towns. 
On the 27th, not far from the present town of Franklin, he was forced 
to fight a battle, the result of which was so undecided that he marched 
back to Fort Prince George, and from thence returned to the army under 
General Amherst. 

Meanwhile, in June, 1760, and pending the campaign against the Chero- 
kees. Governor Bull having reported to Governor Dobbs that the Creek 
Indians, at the instigation of the French, had murdered many of the 
South Carolina traders, and that a general Indian outbrea)< was immedi- 
ately expected, he hastily called the Legislature together and asked for an 
appropriation in order that, by following up the blow given by Colonel 
Montgomery to the Cherokees, a general Indian war might be prevented. 
The exigency of the case seemed so great that the Assembly, though a 
full quorum was not present, after a resolve that it should not be there- 
after drawn into precedent, passed an act making the desired appropria- 
tion. In his letter asking for help Governor Bull expressed the fear 
that it would be too late to save Fort Loudoun, and so it proved. The 
retreat of Colonel Montgomery sealed the fate of the garrison of that 
unhappy place, which, after being reduced to the most desperate straits, 
found itself obliged to starve or surrender to the Cherokees. By the 
terms of the surrender the troops were permitted to return to Virginia 
or Fort Prince George. But at the break of day the first morning after 
beginning their march homeward the Indians surrounded their camp and 
poured in a deadly fire upon them, killing Captain Demere, three of his 
officers and twenty-six men. The rest fled to the woods, but were soon 
overtaken and carried captives to the various Indian towns. 



PREFATORY NOTES. 



The fall of Fort Loudoun and the withdrawal of Colonel Montgom- 
ery and his regulars left tiie frontiers at the mercy of the C'lierokees, 
who then had near 3,000 warriors, so that the a])])roj)riati()n, just above 
mentioned, came none too soon. With it four additional com])anies, 300 
men in all, were i-aised to serve for six months on the frontiers, and author- 
ity given to the Governor to send them beyond the limits of tiie Prov- 
ince. It was not thought, however, that this autiiority would be exer- 
cised, the expectation being that tlie frontier troops would have their iiands 
full looking after matters within our own borders. 

To accommodate a number of fugitives who had asked permission to 
stay witii the Moravians and settle on their lands another town, called 
Bethany, three miles from Bethabara, was laid out into 30 lots, 15 of 
which were assigned to the fugitives. By the next year, 1760, the incur- 
sions of the C'lierokees and their devastations and cruelties had progressed 
so far as to put the Moravian settlement under the necessity of being 
day and night coutiDually upon its guard. Hostile Indians came often 
very near their towns with intent to destroy them and to kill the inhab- 
itants or make them prisoners, but never ventured to make an attack; 
sometimes they were frightened by the ringing of the bell fur the meet- 
ing at the church, which meetings, both in Bethany and Bethabara, were 
held on Sundays and every evening in the week. Many soldiers march- 
ing against the Indians attended divine services in both places. In Beth- 
any about 400 were present at the services on Easter Sunday. 

On the evening of the 27tli February, 1760, Colonel Waddell and his 
command in Fort Dobbs, on Fourth Creek, were attacked by a body of 
Indians, who assaulted in two parties. The Indians, however, were 
repulsed with a loss of some ten or twelve killed and wounded. The 
garrison lost two men wounded, one of whom was scalped, and one boy 
killed. Another attack was expected the next night, as night was the 
I'avorite time with Indians for attacking fortified places, but, as Colonel 
Waddell said, they did not like their reception. 

With the year 1761 came the determination to strike the Cherokees a 
blow that should make them forever powerless to hurt the English, and 
a campaign was planned that required in its execution regulars as well as 
provincial troops from Virginia and both the Carolinas. The Xorth 



PREFATORY NOTES. 



Carolina contingent, under Colonel Waddell, joined the Virginia contin- 
gent and marched into the Cherokee country by way of the upper 
towns, while Colonel Grant, with the regulars and the South Carolina 
contingent, marched in by way of the lower towns on the route taken by 
Colonel Montgomery the year before. Ou the 10th June he reached the 
spot at which Colonel Montgomery had fought the year before, and find- 
ing the Indians in heavy force in his front a battle ensued in which they 
were finally defeated. After remaining thirty days in the middle settle- 
ments, reducing the towns to ashes, destroying the provisions and laying 
waste the corn fields, Colonel Grant marched back to Fort Prince George. 
The blow was such a heavy one that the Cherokees were forced to sue 
for peace, and so at last tVie murderous war came to an end. 

The effect of all these troubles was so serious that in 1761 Governor 
Dobbs wrote that for seven years prior thereto there was a total stop put 
to immigration to the Province, first by the Indian war to the northward, 
and later by the Cherokee war at home. Before that time great numbers 
came in from the Jerseys and Pennsylvania. Not only did the war stop 
new settlers from coming here; old settlers were driven away as well, and 
some of tiiem, indeed, killed. In 1762 he wrote that the planters, all 
of them having been forced off their lands by the Indians in the Chero- 
kee war, were just returning to them, so that McCulloh and his associates 
had not received one farthing from the settlers who upon account of the 
confusion of the times, could not improve or till their lands, being always 
under arms to prevent being scalped and keep their horses and cattle from 
being driven off or destroyed. He submitted, therefore, to the Board of 
Trade whether it would not be better to give McCulloh and his associates 
further indulgence, until the planters were again settled on their farms, 
for if they should be pushed all the lands except the choice parts would 
be abandoned. 

And in this connection it must be remembered that these lands lay in 
great part between the Yadkin and Catawba Rivers. 



Another hindrance to the prosperity of the Province was the exist- 
ence of "Granville's District," as it was called. 



PREFATORY NOTES. 



It will be remembered that the Earl Granville, while uniting with the 
other Lords Proprietors in surrendering to the Crown the sovereignty of 
the Province of Carolina, reserved to himself all rights, as owner of the 
soil, in his share of the grant. This share, one-eighth of Carolina, was 
by deed set oif to him by metes and bounds, in 1744, wholly in that part 
of the Province known as North Carolina, and stretched from the Vir- 
ginia line on the north to the parallel of 35° 34' north latitude on the 
south, a line running near or through the old town of Bath, the present 
towns of Snow Hill and Princeton, along the southern borders of tlie 
counties of Chatham, Randolph, Davidson and Rowan, a little below the 
southern border of Catawba county, but not so low down as Lincolnton, 
and so on west to the Mississippi. It was scant justice to North Carolina 
to set off the whole of Granville's share to him in her territory. Com- 
mon fairness, it would seem, would have dictated that a part of his share 
ought to have been set off to him in South Carolina, that the two Prov- 
inces, the outcome of old Carolina, might share alike in the benefits or 
burdens of such an immense private proprietorship. 

It was not long before it was determined whether that great proprie- 
tary was to be a blessing or a burden. The district contained above 
26,000 of the 52,000 square miles in the State as it now stands. The 
result was that the quit rents from one-half of the Province, instead of 
going into the public, that is to say, the King's treasury, to make up a 
fund for the payment of the current e.\[)enses of the Province, went into 
the private pocket of Earl Granville, and as Granville's district embraced 
the older and more thickly settled parts of the Province, this was 
a serious loss, as it forced the rapacity of the government officials 
to satisfy itself by bleeding the people instead of the King. In South 
Carolina all the (piit rents belonged to the King. The importance of 
this difference will be appreciated when it is remembered that the peo- 
ple held their lands, not in fee-simple as now, but as tenants, at an annual 
rent. In time, too, jealousies grew up between Granville's district and the 
King's domain, though it may be doubted whether these did not have 
their origin in the conflict seemingly inevitable between newer and older 
settlements on the Atlantic slope under the same government. But a 
greater trouble still, perhaps, was Earl Granville's persistent neglect of 



PREFATORY NOTES. 



his great North Carolina possessions. For years there was no office open 
in the Province for the sale of his lands, thereby delaying the settlement 
of the Province, and when he did have agents here their extortions, 
exactions and oppressions were almost nnendurable, causing the people to 
rise up more than once against them. So far did these things go that in 
less tiian ten years from the time any great part of it had been measured 
oif to him the district was formally presented as a public nuisance. The 
Committee on Propositions and Grievances formally reported to the 
Assembly on the 9th of January, 1755, "that Lord Granville's agent, 
by himself and his subordinates inducing several persons to make entries 
for the same piece of land, receiving a fee from each, and refusing to 
refund the same; declaring the grants made by Edward Moseley and 
Robert Halton, Esqrs., his Lordship's former agents, void; receiving 
entries for the same lands, granting them anew and exacting fees for so 
doing; remitting the quit rents due to his Lordship on those lands to such 
as will a<cept new grants on them, and his exacting exorbitant fees on all 
grants for his Lordship's lands, are great grievances, detrimental to his 
Lordship's interest, and do greatly retard the settlement of that part of 
the government of which his Lordship is proprietor." 

So far as appears, however, this report was never acted upon ; ind-eed, as 
Earl Granville was entirely beyond the jurisdiction of the Legislature, it 
is difficult to see what redress that body could have afforded, no n:atter 
how great might have been its anxiety to give relief in the premises^ 

Matters continued to go from bad to worse and in 1758 became so intol- 
erable that application was made by the people to the Attorney-General 
to know how to be relieved. He advised them to petition either the Earl 
of Granville or the Legislature to take their grievances into consideration. 
On '2oth November, 1758, as the Journals show, certain "inhabitants 
and freeholders" of Granville's district, through Mr. William Williams, 
Representative from the county of Edgecombe, presented their petition 
to the Assembly, and a special committee was appointed to inquire into 
the matter of the "misconduct of Francis Corbin and Joshua Bodley, 
agents of Earl Granville," with ])ower to send for persons and papers. 
After examining the witnesses produced, both by the people and the 
agents aforesaid, due notice of the time' and place having been given, and 



PREFATORY NOTES. 



counsel being present, the committee submitted a formal rejwrt to the 
Assembly, setting forth in detail the facts of various instances of wrong- 
doing of Granville's "agents and their subordinates, showing a state of 
affairs truly deplorable and justifying in full the report made by tiie Com- 
mittee on Propositions and Grievances in 1755. No action, however, 
was taken by the Legislature, and the only good result seemed to be that 
Corbin produced his table of fees for public inspection, which he had not 
hitherto done. For this, or some other reason, the clamor against Corbin 
became somewhat less, while that against his subordinates rose to fever- 
heat. During this time Haywood, one of the subordinates, returned home, 
died suddenly and was there buried. The people, thinking the report of 
his death was untrue, and put out to prevent his prosecution, went to his 
grave in a body and opened it, but finding his remains really there, went 
home without further disturbance. 

On 24th January, 1759, after the Legislature had adjourned, and no 
redress having been had either for the past or the future, either from 
Corbin or his subordinates, a number of people, variously estimated, 
went from Edgeconjbe to Corbin's liouse, near Edenton, seized Corbin, 
and took iiini in the night to Enfield, where he had an office, and there 
obliged him to give security, or "au unusual bond," as it was termed, to 
return at the f iHowing Spring Court and disgorge all the fees unjustly 
taken from the; people; whereupon, they allowed him to return home 
with the other agent, Mr. Bodley, whom they also had in eustodv. 

On 14th May, 1759, Rt)bert Jones, the Attorney-General, who in the 
meanwhile had lost favor with the rioters and was no longer either in 
their councils or in sympathy with them, tiiade oath before the Governor 
and Council and in addition to the facts above stated deposed that he 
had "heard it was intended by a great number of rioters to petition the 
court at Granville to silence hiiu, the deponent, and that if no such order 
was made, to pull the deponent by the nose and also to abuse the court,'' 
and said, unless a proclamation was issued, and a leward given to dis- 
cover the rioters, there would be no safety iu the counties in which they 
lived. The Assembly went so tiir as to represent to the Governor iu a 
formal address ou the 15th May, 1759: 



PREFATORY NOTES. 



"That sundry persons inhabiting in that part of the government 
within Lord Granville's Proprietary have combined together in traitor- 
ous conspiracies and committed several riots and routs, and particularly 
that a number of the said inhabitants about the 24th January last did 
enter the house of the Honorable Francis Corbin, Esq., one of the mem- 
bers of his Majesty's Honorable Council, in the night season, and with 
force cai-ried him about 70 or 80 miles from his home and held him in 
duress until he, by giving them a bond of a most unusual nature, procured 
his releasemeut. 

"That no measures have hitherto been taken or used to suppress the 
said disorders or apprehend or punish the authors thereof, and as this 
Assembly are truly sensible that suffering such outrages and violations of 
the laws to pass with impunity must tend to subvert all rule, order and 
government, they request your Excellency would be pleased immediately 
to issue a proclamation, thereby requiring the Chief-Justice and other 
Justices of the Supreme Courts, Justices of the County Courts and 
others entrusted with the executive power of the law, as also all the 
Sheriffs, Constables and Ministers of Justice, to exert themselves in their 
respective stations in apprehending and bringing to justice the said offen- 
ders agreeable to law and their demerit. And that all and every one of 
the said offenders who enjoy any commission under His Majesty, either 
civil or military, may be displaced and declared incapable thereof. 

"And that the said offenders may not escape being discovered and 
puuished, we beg leave to recommend it to your Excellency to offer a 
free and gracious pardon to any two of the said offenders who shall first 
make a full discovery on oath to the Chief-Justice or any other Justice 
or the Attorney-General, of the principal persons who have been con- 
cerned in perpetrating, advising or committing the said crimes; and also 
a reward of twenty-five pounds to each person making such discovery, to 
be paid out of the public Treasury upon conviction of the offenders or 
any of them. 

"And that the endeavors to apprehend and bring the authors of the 
said crimes to condign punishment may be rendered effectual, this Assem- 
bly would further humbly request, that in case it shall be any ways need- 
ful the officers of the respective regiments of militia within this Province, 



PREFATORY NOTES. 



upon notice, may be enjoined to raise the troo|).s within their respective 
counties or such of them as will be sufficient to assist the civil powers, 
cause obedience to the laws and preserve peace and good order." 

A proclamation was accordingly issued, and certain persons having 
been arrested were committed to jail, but the jail was straightway broken 
gpen and the prisoners set at liberty. Corbin began to take steps to 
prosecute the rioters, but being advised that if the matter came to a trial 
he would be the sufferer, as he had done things he could not justify, and 
that the fault would be laid to the charge of his office, he let the matter 
drop. The counties in which the rioters lived covered the territory con- 
stituting the present counties of Granville, Vance, Warren, Halifax, 
Edgecombe, Wilson, Nash and Franklin. 

A curious circumstance connected with these riots was that the Gov- 
ernor was said to be the friend of the rioters while the Assembly was 
their avowed enemy. The Assembly was continually flinging into the 
teeth of the Governor his failure to put down the " mobs, riots and insur- 
rections that prevailed," and he as persistently claimed, first, that they 
sought to make mountains out of mole-hills; and second, that it was as 
much the duty of other officials, including the Attorney-General, as his 
own, to take action in the premises, and that they had done nothing, 
though nearer the scene of action. 

It will be remembered that for several years the conduct of Corbin and 
Granville's other agents liad been formally denounced by the Assembly 
as a great grievance and hindrance to the settlement of the Province; 
that in pursuance of the advice of the Attorney-Genera! "the rioters" 
again carried their grievances against Corbin and his associates to the 
Assembly in November, 1758; that on the 22d of December fi>llowiug a 
special committee, appointed for the purpose, reported that after due 
examiuation they had found the material facts to be as alleged by the 
"rioters," and that this report was formally agreed to by the Assemblv ; 
tiiat a month having elapsed after the adjournment of the Assembly 
without relief the "rioters" forcibly arrested Corbin, carried him to 
Enfield, and made him give bond to disgorge; that in May following the 
Assembly met again, severely virtuous and greatly shocked in every fibre 
of their law-abiding sensibilities at the traitorous conspiracies of the riot- 



PREFATORY NOTES. 



ers, particularly, as they said, at the arrest of the gentle Corbin, and that 
the Attorney- General was equally disturbed at the violated majesty of the 
law, moved thereto, possibly, by the threat to pull his nose at the last 
Granville Court ! From this time the Assembly omitted no opportunity 
to denounce the "rioters," a change so sudden and so pronounced as to 
provoke inquiry into the cause. It will not do to saj' that the Assembly 
was so actuated by a regard for the law and respect for its officers, that 
although they sympathized with the people in their grievances, they felt 
obliged to condemn the methods adopted for redress, even against such 
a'man as Corbin, for if ever a people were estopped by their record from 
pleading habitual reliance on purely judicial methods for redress of griev- 
auces, the people of North Carolina would seem to be that people. 

lu view of the facts, then, and in view of the past habit of the Assem- 
bly in such matters, it seems strange, indeed, to find the Governor the 
champion, and the Assembly the opposer, of the people in their efforts 
to obtain redress for admitted grievances. It may be that there was truth 
in the statement of Governor Dobbs that his opponents in the Assembly 
"found it for their interest to make up matters with Corbin, against 
whom the greatest charge was laid, and change sides," so that by the 
report of the committee the rioters " had no redress." Whether the sug- 
gestion be true or false, certain it is, as the Journals show, the committee 
contented themselves in their report with simply finding the facts without 
expressing any opinion in regard thereto; whereas, in 1755, for instance, 
the Committee on Propositions and Giievances found the same facts "to 
constitute a great grievance." It may be, however, tiiat this anomalous 
state of things was only the outcome of the irrepressible conflict between 
the Governor and the Assembly, which made each party ready, ])erhaps 
without due reflection, to oppose any cause the other had espoused. 

But to whatever cause due, the effect of this paradoxical state of affairs 
was long felt, for the Regulators being but a succeeding generation of 
Enfield rioters, inherited, as it were, the denunciations of the Assembly, 
though not the favor of the Governor, and were considered to be what 
their forerunners were so long described tt) be by the popular assembly, 
that is, lawless rioters. Indeed, to this day they are so regarded by many 
people, a belief that, without a knowledge of this chapter of our history, 



PKEFATOliY NOTES. 



it is difficult to uiiflerstancl. That the Regulators extcuderl further west 
was due simply to the fact that j)opulation had extended further west. 



In the appendix to this volume will he found some very interesting 
matter in regard to several early church settlements in the Province. In 
au appendix to a subsequent volume the history of other early church 
settlements will be given, together with the oldest obtainable records of 
the "mother counties" of the middle and western portions of the State. 
It has been found impossible, the Editor regrets to say, to collect and pre- 
pare this matter in time for proper chronological arrangement in The 
Records. 



w 






COLONIAL RECORDS. 



1752. 

[Translated from the Original in the Archives of the Moravian Church 
AT Salem, N. C, by Rev. R. P. Lineback,] 

DIARY OF BISHOP SPANGENBURG— LOCATION OF THE 
' MORAVIAN SETTLEMENT. 

Edenton Sept. 13. 1752 
The condition of the Indians in N. C. is rather a deplorable one. The 
tribe of Ghowaus is reduced to a few families. Their land has been taken 
away from them. The Tuscaroras live about 35 miles from here & are 
still in possession of a fine tract of land. They are a remnant of that 
tribe that waged war with N. C. ; & then took refuge with the 5 Nations, 
& l)ecame incorporated with them. Those that have remained here are 
treated with great contempt, & will probably soon be entirely extermi- 
nated. 

The Meherriug Indians live farther to the West, & are also reduced 
to a mere handful. It would seem that a curse were resting upon them 
and oppressing them. Still farther to the West are the Catawbas. They 
have been at war with the 5 Nations. Beyond S. C. far to the South- 
west are tiie Cherokees, a strong tribe. They keep up connection with 
S. C. & make annual journeys thither to receive their "Presents." 

Granville Co. Sept 25. 1752. As regards the commerce of 
N. C. the prospect is bad, because there are no navagable streams, 
& hence there are difficulties in the way of shipping. As there is 
no opportunity for exportation the evil becomes greater; Edenton 
is one of the oldest towns in America, & yet it is hardly J as large 
as Germantown, although it has a beautiful situation. There are 
other cities mentioned in the Law Book: but there are no houses — 
no people — they are only created cities by act of Assembly. Tobacco 
is raised in considerable quantities, but it is generally taken to Suf- 
folk or Norfolk in V" Here it is examined by the Inspectors — i. e. 

Vol. 5—1 



COLONIAL RECORDS. 



the officers appointed for that purpose; all that is merchantable is 
selected — the remainder is burnt. The V merchants ship that which is 
fit, & pav the Ca. farmers what they please for their tobacco. There are 
also large numbers of cattle taken to Va., but the N. Carolinians do not 
get the profits — they are reaped by the Virginians. The stock is taken 
to V° and there slaughtered, & sold with a profit, while the raiser suffers 
loss, as he receives pay only for the meat, after it is slaughtered. For the 
hide, tallow &c. the butcher pays him nothing. The same is the case 
with hogs. They are taken to V°, slaughtered, salted up, exported & sold 
as V"' pork It is taken to West India & traded for rum. Sugar Molasses, 
&c. which the Carolinians bay — paying money for it. 

As regards the different mechanical employments, it is about the same, 
as far west as 150 miles — the end of our travels. We scarcely fiiund 
any mechanics at all. In Edenton I saw one blacksmith : one shoe- 
maker: & one tailor: if there are any more I did not see them. 

Granville Co. Sept. 26. 1752. If we desire to become a separate 
corporation in N. C. we must become a Borough, Town, Village or 
County. 

Should we form a corporation in N. C, we must have an act of As- 
semby for the purpose, confirmed by the King. We have passed 
through several counties in N. C. viz. Chowan, Bertie, Nortliamptou, 
Edgecombe & Granville, as far as Mr. Salis', 153 miles from Edenton. 
Our way lies through Orange & Anson, which is the last county towards 
the West. 

The land which we have seen has nothing remarkable, but yet, as we 
are told, has all been taken up — if at all available. 

We sometimes travel 2 & 3 hours without finding anything but Pine 
■ Barrens — or stretches of White Sand covered with Pine. These districts 
are all taken up, I am informed, & the people make Tar, Pitch, Turpen- 
tine &c. If only these products could be conveyed to some stream & car- 
ried awav by means of small craft to some port or other. 

We saw some few stretches of country that produce some Oak & other 
trees — with some tolerable farms — though if you except the culture of 
Indian corn & raising of hogs there is but little done on these planta- 
tions. As far as cattle & stock are concerned — it is purely their cure to 
see to it how they get through the winter; witk horses it is no better. If 
they survive it — they survive it ! Hay they have none for there are no 
meadows, & corn fodder & tops do not go far. Thus in winter the peo- 
ple have no milk at all, & when spring comes the cows are so nearly 
starved out as to be of little benefit till harvest. This may be the rea- 
son that their horses are not much larger than English colts — and their 
cows the size of their yearlings. 



COLONIAL KECOIJDS. 



The be.st laiid.s lie alonja; the rivers, i. e. tlie C'iiowan & KoatiolKc. Hut 
these streams are siibjeet to freshets <Si the RcianoUe often rises 'Ih ft. 
above common level. 

Jno. Salis', Granville Co. 153 miles from Edenton. The Lord has 
here arrested our progress for a time & four of our company are suffer- 
ing from remittaiit fever — of a bad type. N. ( '. about here is low, & 
there are many standing pools as well as riuining water & much malarra 
exists and causes many deaths. The brethren — Henry Antes, Jno. Merk, 
Herman Lash, & Timothy Horsefield are ail down, & going through a 
severe sweating process — induced by a certain medicinal herb. 

We probably contracted the fever in Edenton as it is a regular fever 
nest & lies very low. The streams have no ebb & flow nor tide, for the 
sand banks along the coast dam up the streams & prevent navigation — 
ergo there can be no commerce or travel in V. In short there is not a 
navigable river in Lord Granville's district We propose to remain 
here, until our people are recovered & then to continue our journey. 
We are at present staying with a man who spent a year & a half in 
Guinea (Africa) The Captain with whom he sailed, deserted him ; The 
negroes captured & bound him with the intention of killing him but set 
him free & treated him with kindness, & would gladly have kept him 
with them; but he sighed for his native land & availed hira.self of the 
first opportunity of returning thither. He & his wife treat us with the 
greatest kindness & consideration, & we pray that he may be abundaiitiy 
recompensed. 

N. C Catawba River, Oct 2<S. 1752. Here I nuist reiuark on some 
of the difficulties incidental to the colonizing of this country. They 
will probably settle in Anson Co. Where? That remains to be seen, 
as we know not. 

They will require salt & other necessaries whicii tiiey can neither manu- 
facture nor raise. Either they must go to Charleston, which is 300 
miles distant. The distance is not the only objection — on the road they 
have mostly stinking water to drink; & are in danger on account of 
robbers. Or else, they must go to Boliug's Point iu V* on a branch of 
the James, & is also 300 miles from here. This is the usual course of 
the Planters who usually require several weeks to make the trip. The 
roads are bad & there are many streams & bad hills to cross ; or else 
they must go down the Roanoke — I know not how many miles^ — where- 
salt is brought up. from the Cape Fear — but here there is no proper road 
laid out as yet Po.ssibly a saltpeter manufactory might be of advantage 
here; but that is all in the diiu & distant future. 



COLONIAL RECORDS. 



Forks of Little River, South side Brushy Mt. in Camp. Nov. .5. 52. 
I iiiiist say something; of the surveying in N. C. as it is carried on in all 
our land measurements The Surveyor has received strict orders from 
Lord Granville's Agents, to run no other lines but N. S. E. & W. I 
have spoken much about this matter with Mr. Churton — who certainly 
is a reasonable man — but he always pleads his orders, & says he must 
abide by them. In the next place I would suggest to the brethren, that 
when they come to possess the land, it might be of great advantage to 
avail themselves of the services of the hunters whom we have to assist 
us to find the different bodies & tracts of land which we take up. Their 
names are Henry Day, who lives in Granville Co. Near Mr. Jno. Salis', 
Jiio. Perkins who lives on the Catawba River & is known to Andrew- 
Lambert, a well known Scotchman; & Jno Rhode, who lives about 20 
miles from Capt Sennit on the Yadkin road. I mention these items, 
l)ecause no one about here knows anytiiing about our lands nor their 
Iwundaries. I especially recommend Jno Perkins as a diligent & trust- 
worthy man & a friend to the Ijrethren. 

In the S'* place I would say that our surveyor only measures three 
sides of a tract, & says it is a lawful survey. I state this that the breth- 
ren may not trouble themselves for nothing, seeking the marks on the 
trei?s on the 4"' side. 

I would state that the surveyor has made great objections {& caused us 
much trouble) to measuring small tracts. 1 had much difficulty in 
inducing him to survey the smaller parcels in the forks of Little River, 
& the 1000 acre tracts along the Catawba. In the warrant from My 
Lord Granville it is mentioned, that for every 5000 acres surveyed the 
surveyor receives 3£ sterling — which the surveyor interprets as mean- 
ing that we are only to take such sized parcels. But should we do so 
there would be too much mountain & barren land in the survey. It 
would almost seem as if wc would be compelled to take them in — mount- 
ain & all — as we can hardly othei-wise get our land in one piece. 

There are many small tracts of 1, 2 or 300 acres which we did not get 
into our survey — tho' they lie along our line. The surveyor is excess- 
ively scrupulous & strenuously opposes the surveying of any piece of 
land that is not square. I have spoken to Mr. Corbin — requesting him 
not to dispose of these tracts to any one but the brethren, in the event of 
their (doming to this part of the country. 

From the C'amp at Little River — 20 miles from the Catawba River — 
& the mouth of Little River — Anson Co. N. C. This is the first piece 
of land which we have taken up. It lies at the 2 branches of Little 
River, of which one Hows S. West, & the other S. East. Little River 



COLONIAL R?:CORDS. 



flows into the Catawba, about 20 mis. from Andrew liamlxTts, a well 
known Scotchman. 

We finished the survey to day. 

This piece of land contains 1000 acres — (the acres 160 Rods). The 
best of the land is the low land — which lies between two hills, in a 
curve like an elbow. This land is all very rich, & is at times overflowed 
by Little River. This tract extends about 3 miles in the curve — con- 
tains about 300 acres — The most of it is already cleared & has been 
cultivated in corn & hemp. Hemp is not only useful for domestic pur- 
poses — but there is a bounty on it to encourage its culture. Wood is 
not so abundant but there is still enough for all ordinary purposes. For 
stock raising it is very convenient, & 10 families could readily make a 
comfortable living here. There is abundant opportunity for making 
meadows — though stock could easily subsist in winter in the reed thick- 
ets as they remain green all winter — & cows & horses are very fond of 
the reetl blades. 

There is no lack of water courses in the bottoms & there is a fine site 
for an overshot (wheel) mill — both in the N. & E. side of the tract: 
Upon the whole the bottom has an abundance of water courses, notonlv 
from the creek which has such steep banks as to render it too steep for 
fording — (except where buffaloes iiave made a ford) but it abounds in 
springs also. There are also stones here suitable for building purposes — 
but no limestone. Indeed it is said there is no limestone this side of the 
Alleghanies. That is the reason there are notiiing but very indifferent 
houses of wood to be met with about here. About 14 miles from here 
lives a family of Scotch Irish : there is said to be a mill there, but there 
is neither road nor way leading to it 

Brother Henry Antes thinks mill stones may be found witliin the 
limits of the tract we have taken up. Joining the upland tract, are sev- 
eral hundred acres, of good woodland, also a piece f)f bottom which mav 
be secured by the brethren at some future day & time if found desirable. 

Nov. 7. 1752. Second Fork Little River in the Brushy Mountains — 
2 miles fr. 1" Fork. This is now the 2°'' place where we have camped 
to take up land. What has especially induced us to do so, is the fact 
that there is here much lowdand, & is near the First Fork. This low- 
land comprising about 200 acres is not only watered by Little River, 
but by numberless streams issuing from the mountains. By conducting 
a stream of water fr. Little River — to the N. side of the mountain — wh. 
could be done without much difficulty, a very excellent Mill could be 
built, wh. would be exempt fi-om the high water which so often pre- 
vails here. Stone is found here for building purposes — but neither Umc 



COLONIAL RECORDS. 



nor limestoue. Abundance of good wood, with excellent soil i.s the rule. 
For the culture of hemp & corn the soil is good ; & in most respects this 
tract excels the first one taken up by us. 

A short distance eastwardly from here we come to an admirable piece 
of land, alongside the bottom, which has the benefit of the sunshine all 
day long. With a little labor water could be brought here from Little 
River — also a mountain stream which would furnish fresh cold water for 
household purposes. And iiere there would thus be water power enough 
to run a grist & saw mill, for both sections in this tract. Along the 
W. side is a hillside of very rich soil, tt thickly covered with locust 
trees. 

Nov. 12. 17r)2. In Camp on the Catawba River. We are here in 
the neighborhood of what may be called " Indian Pa.ss." As we believe 
it is the Lords purpose to confer a blessing on the Catawba & Cherokee 
Indians — by means of the Brethren — we resolved to take up some land 
here. There are about 200 acres of land (bottom) & along this strip, are 1 
or 200 acres more, of very good quality, a kind of second bottom. This 
lowland is a narrow strip, — but is good and well timbered, & is suitable 
for meadow & wheat land. This piece has such a steep bank, that it is 
not easily reached by the Catawba freshets. A number of hills bound 
this tract, between which several strong Springs as well as creeks wind 
along & furnish water power for several mills. Here we have taken up 
a piece of over 1,000 acres which is three miles long, & half a mile wide 
embracing a portion of every hill. Tis a pleasant locality & is pecu- 
liarly attractive. The hills are wooded, in part with pine trees. By 
judicious management the forests can be improved, as they have been par- 
tially ruined by the Indians, when they set the woods on fire, to drive the 
deer to certain localities, that they might be more easily taken. Por- 
tions of the hills may also be made useful for corn culture, more espe- 
cially where they be near the bottoms. The next settlement from 
here is that of Jonathan Weiss more familiarly known as Johnathan 
Perrot. This man is a hunter & lives 20 miles from here. There are 
many hunters about here, who live like the Indians, thev kill many deer 
selling their hides, & thus live without much work. 

Nov. 19, 1752. From the camp of the Middle River of the three 
Rivers which flow into the Catawba, near Quaker Meadows. 

We are now in the forest, 50 miles from all the settlements. We ar- 
rived here last Thursday & struck up camp — & rode about until in the 
night — & found all we thought was required for a settlement. 

Very rich fertile bottoms, the like of which we had as yet seen no- 
where in Carolina, & some of which could be cultivated many years 



w 



COLONIAL RECORDS. 



before it could be impoverished. They lie at the foot of very rich hills 
from which the rain would rush down the rich soil & keep them always 
fertile. There is also a good deal of land that lies somewhat higher, 
which is well adapted to the culture of wheat & Indian corn. There 
are many springs & streams & even creeks, the water of which is as 
clear and sweet as any one could possibly wish. Further down is the 
river — higher up there are two branches which unite & form the river 
the waters of which are clear as crystal. Bottoms & uplands are well 
stocked witii wood. For stock this is an excellent country, as the reeds 
are still quite green: This is fortunate as our horses would otherwise 
perish. There are many places which could be converted into good 
meadows & many more could be uiade because the water from the 
streams could be so conducted as to irrigate the land with but little 
labor. The soil along the hill is a rich clay : in the bottom it is black 
soil. For the erection of mills there is abundant water & fall — stones 
are plentiful, & as we believe suitable for grindstones, but no limestone. 

'Tis to be regretted that so much good land is not in one piece — & 
that the hills which are fertile are so very steep that they can not be 
plowed as they would make such good wheat land. Our survey begins 
7 or 8 miles from the mouth of the River where it flows into the Ca- 
tawba. What lies farther down the river has already been taken up. 
The other line of the survey runs close to the Blue Ridge. I must add 
that we were compelled to take in a number of high hills which are bare 
of trees & useless for cult'vation. But this is not to be avoided. This 
piece thus consists of about 6000 acres. We can hav.e at least 8 settle- 
ments in this tract & each will have water enough, wood enough & land 
enough; and very good land & meadow land in abundance; & I calcu- 
late to every settlement 8 couples of brethren & sisters. How the roads 
are to be laid out I know not. We crossed high & steep hills in coming 
here, & calculate the distance from the Catawba land to be about 18 
miles; theroad lies in a N. W. direction (but why do I speak of road 
when there is none but what the Buifaloes have made). The hills run to 
the very water's edge, & one hill rises behind the other. But possiblv 
something may manifest itself which as yet we do not see. Our sur- 
veyor & his Company were stopped here by 6 Cherokees. They were 
out on a hunt & were coming through the woods ; however they soon 
became very friendly. The whole woods are full of Cherokee Indians ; 
we come upon their traces very often wherever we go. They are now 
engaged in hunting. 

Nov. 24,. 1752. From the camp in the Fork of the Third River wh. 
empties into the Catawba near Quaker Meadows — about 5 miles from 



COLONIAL RECORDS. 



Table Mountain. This is now the 5"" piece of land wh. we have sur- 
veyed. "A fine piece of land," between 7 & 800 acres. The greater 
part is bottom which lies on 2 creeks. The country is further wa- 
tered by diiferent smaller streams & there are fine springs in differ- 
ent localities. The laud is in several places very rich, & up to 
this time has been a Buffalo pasture, whose tracks & paths may yet be 
ascertained, & found to be useful. Frequently however, their tracks 
can not be followed — for they go through "thick & thin," & thro' the 
deepest morasses & rivers — & often they are so steep that a man may 
roll down, or fall down, but he can neither ride nor go down them. 
There is also good light soil & good wheat land. 

On some of the pieces the soil is too rich for wheat, but is more suit- 
able for corn, tobacco hemp &c. There is a moderate supply of wot)d 
on it. The survey takes in several hills which are not so steep, & may 
therefore be used for farming purposes. Others have some trees on them 
— which fact is not to be despised. Others are so barren, that they are 
scarcely available for anything. But we have less barren land here than 
in any of our surveys, as the land was more favorable for the prescribed 
N. C. method of surveying. 

Should it be desirable to build mills, there is sufficiency of water & 
of fall : & there are several places suitable for buildings, to which the 
water from springs might easily be brought. With stock raising there 
are here also great facilities, as the cattle could live through the winter 
on the cane that grows along the streams. 

The wolves wh. are not like those in Germany, PolaiKJ & Lifiand 
(because they fear men & dont easily come near) give us such music of 
6 different cornets the like of wh. I have never heard in my life. 

Several brethren, skilled in hunting will be required to exterminate 
panthers, wolves &c. not only here but in the other places also. They 
will thus not only obtain the hide of the animal but there is a bounty of 
10 shillings for every panther & wolf that is killed: besides such men 
will be needed to furnish game from the wood to help the larder. Two 
settlements of 6 or more couples would find room enough in this survey. 

Nov. 28. 1752. Old Indian Field N. E. Branch of Middle Little 
River. We arrived here on the 25"" & resolved to take up some land. 
It is lowland (bottom) lying on two streams — the one larger than the 
other, & both containing excellent water. These streams are well 
adapted to mill purposes, & have this additional advantage that they 
never freeze in winter, being purely spring water. 

There are more than 20 springs among the mountains here which pour 
their waters into the creeks whose sides are covered with reeds. These 



COLONIAL RECORDS. 



bottoms are mostly rich & moist & would make fine meadows: part is 
quite dry & would be well adapted to the culture of corn, hemp, tobacco 
&c. Wheat would not do well here, as it is too rich,, tiio' by repeated 
crops of corn it plight be brought to raise wheat also. For stock culture 
it also suits well — for there are nothing but mountains all around, & the 
reeds on the streams would feed stock the whole winter until tame grass 
could be raised. When there are so many neighbors about there is not 
so much opportunity for stock raising & they all keej) stock & that ren- 
ders the pastures bare. In order to embrace all the bottom — we are com- 
pelled to take in a good many mountain districts — & thus this tract con- 
tains 2000 Acres. But there is nothing lost, for if we have taken in 
some barrens, tiiere are many of the mountains that are not too steep to 
be plowed near the bottoms — & thus may be cultivated. Furthermore — 
the most of the mountains are covered with forests — &, in fact, there is 
a superabundance of wood. 

The strips of land lying between the mountains will make beau- 
tiful meadows. Below our land, there is another large piece of bottom 
which the brethren can hereafter take up, should they finally settle here. 

That Indians once lived here, is very evident, (possibly before the war 
which they waged with the Whites in N. C.) from the remains of an 
Indian fort: as also the tame grass wh. is still -growing about the old 
residences, & from the trees. It may have been 50 years since they left 
this locality Two settlements might be made here — each numbering 10 
couj)les — & these would be amply supplied with Land, meadow, wood, 
water & pasture for stock. Furthermore this tract bounds tiie 600 acre 
piece which we took up on Middle Little River, from wh. it is separated 
by an E & W. line. 

Nov. 29. 1752. From the Camp at the Upper Fork of the 2'"' or 
Middle Little River, wh. flows into the Catawba not far from Quaker 
Meadows. We are now in a locality that has probably been but seldom 
trodden by the foot of man since the Creation of the World. For 70 
or 80 miles we have been traveling over terrible mountains, & along very 
dangerous places where there was no way at all. With respect to this local- 
ity where we are now encamped — one might call it a Basin or Kettle. It 
is a cove in the mountains & is very rich soil. Two creeks — one larger 
than the other — flow through it. Various springs of very sweet water 
form lovely meadow lands. Mills may easily be built, as there is fall 
enough. Below the forks, the stream becomes quite a large one. Of 
wood there is no lack. Our horses find abundant pasture among the 
buffaloe haunts, & tame grass among the springs, wh. they eat greedily, 
& certainly the settlers of this place can very soon make meadows if 
they wish. 



10 COLONIAL RECORDS. 



Not only is this land suitable for hemp, oats barley &c. but there is 
excellent wheat land here also. There is also abundance of stone, not on 
the land, but on the surrounding mountains. (It will not be a matter of 
surprise, that I should mention this fact, to any one who has traveled in 
portions of S. & N. C where for hundreds of miles there is not stone 
enough to rest a log upon.) I must add that there is not the tenth part 
of stones in these mountains that are found in many mountains in Pa. 
This survey would contain in itself all the requisites to make comfort- 
able farms & homes for about 10 couples. 

Dec 3. 1752. From the Camp on a River in an old Indian field, wh. 
is either the Head, or a branch of New River, wh. flows through N. C. 
to V* & into the Miss. River. Here we have at length arrived after a 
very toilsome journey, over fearful mountains & dangerous cliffs. A 
hnnter whom we had taken along to show us the way to the Yadkin, 
missed the right path, & we came into a region from wh. there was no 
outlet, except by climbing up an indescribably steep mountain. Part of 
the way we had to crawl on hands and feet; sometimes we had to take 
the baggage & saddles & the horses, & drag them up the mountains (for 
the horses were in danger of falling down backward — as we had once 
had an experience) & sometimes we had to pull the horses up, while they 
trembled & quivered like leaves. 

Arrived on the top at last, we saw hundreds of mountain peaks all 
around us, presenting a spectacle like ocean waves in a storm. We 
refreshed ourselves a little on the mountain top, & then began the de- 
scent wh. was neither so steep, nor as deep as before, & then we came to 
a stream of water. Oh how refreshing this water was to us! We 
sought pasture for our horses, & rode a long distance, until in the 
night, but found none but dry leaves. We could have wept with sym- 
patliy for the poor beasts. The night had already come over us, so we 
could not put up our tent. We camped under the trees & had a very 
quiet night. The next day we journeyed on : got into laurel bushes <%; 
beaver dams, & had to cut our way through bushes wh. fatigued our 
company very much. 

Then we changed our course — left the River & went up the mountain, 
where the Lord brought us to a delicious spring — & good pasturage on a 
chestnut ridge. He sent us also at this juncture two deer — which were 
most acceptable additions to our larder. The next day we came to a 
creek, so full of rocks that we could not possibly cross it ; & on both 
sides were such precipitous banks, that scarcely a man, & certainly no 
horse could climb them. Here we took some refreshments for we were 
weary. But our horses had nothing — absolutely nothing — this pained 



COLONIAL RECORDS. 11 



us inexpressibly. Directly came a hunter who had climbed a mountain, 
& had seen a large meadow. Thereupon we scrambled down to the 
water, dragged ourselves along the mountain & came before night into a 
large plain. 

This caused rejoicing for men and beasts. We pitched our tent, but 
scarcely had we finished when such a fierce wind storm burst upon us, 
that we could scarcely protect ourselves against it. I can not remember 
that I have ever in Winter anywhere encountered so hard, or so cold a 
wind. The ground was soon covered with snow ankle deep — & the 
water froze for us aside the fire. Our people became tiioroughly dis- 
heartened. Our horses would certainly perish & we with them. The 
next day we had fine sunshine, & then warmer days though the nights 
were " horribly " cold. Then we went to examine the land. A large 
part of it is already cleared & there long grass abounds, and this is all 
bottom. 

Three creeks How together liere, & make a considerable river whicii 
flows into the Ohio, & thence into the Miss, according to the best knowl- 
edge of our hunters. In addition there are almost countless springs & 
little runs of water, wh. come from the mountains & flow through the 
country making almost more meadowland, than one could make use of. 
There is not a trace of reeds here, but so much grass land, that Brother 
H. Antes thinks a man could make several hundred loads of hay of the 
wild grass, wh. would answer very well if it only be cut & cured at the 
proper time. There is land here suitable for wheat, corn, Oats, barley, 
hemp (fee. Some of the land will probably be flooded when there is 
high water. There is a magnificent Chestnut and Pine forest near here. 
Whetstones & mill stones wh. Brother Antes regards the best he has seen 
in N. C. are plenty. The soil is here mostly limestone tt of a cold 
nature. The Waters are all higher than on the E. side of the Blue 
Ridge. We surveyed this land, & took up 5400 acres in our lines. We 
have a good many mountains, but they are very fertile and admit of 
cultivation. Some of them are already covered with wood, and are 
easily accessible. Many hundred — yes thousand crab-apple trees grow- 
here — wh. may be useful for vinegar. One of the creeks presents a 
number of admirable seats for milling purposes. 

This survey lies about 15 miles from the Va. line, as we saw the 
Meadow Mountain, & judged it to be about 20 miles distant. This 
mountain lies 5 miles from the line between V & N. C. In all proba- 
bility this tract would make an admirable settlement for Christian In- 
dians, like Gradenhiitten in Pa. There is wood, mast, wild game, fish, 
& a free range for hunting, & admirable land for corn, potatoes, &c. 



12 COLONIAL RECORDS. 



For stock raisiug, it is also iucomparable. Meadow laud & pasture in 
abundance*. 

Dec. 14. 1752. Camp on Headwaters of Yadi<in — where W. & S. 
Branches make a Fork. Here we have arrived safely at last, after a bit- 
ter journey among the mountains. We virtually lost ourselves in the 
mountains, & whichever way we turned — we were literally walled in on 
all sides. None of us had ever been in that region — & path & road 
were unknown to us. But why speak of roads & paths where there were 
none. We had nothing but bleak mountains, & dry valleys to traverse, 
& because we followed the river several days in hopes of escaping from 
the mountains, we were only getting down deeper all the time, for the 
river flowed N. & S. & E. & W., in short all points of the compass. 
At last we determined to keep a course between E & S., & to scramble 
across the mountains as well as we could. One mt. rose up beyond the 
others, & thus we pursued our way, between fear on one side — & hope 
on the other. We suffered very much on account of our poor horses, as 
they had nothing to eat. 

At last we came to a very rapid stream, that flowed down the mount- 
ain. We followed it, & successfully reached this side of the Blue Ridge. 
We were fortunate also to find pasture for the horses, W^hat a joy this 
was to all ! Here we again killed two deer, & as we, for several days, 
had had very scanty larder — there was rejoicing in the Camp. We thus 
found ourselves at the N. Branch of the Yadkin. From here we has- 
tened to the Yadkin itself Upon our arrival here we found a fine piece 
of land — we resolved to survey it — while our horses were recruiting 
among the reeds. 

But here my dear Bro. Antes became very sick. Several days ago he 
had cut himself very severely in the hand — & then travelling on with 
us he had caught cold in the wound, wh. caused such intense pain in the 
arm as to be almost beyond endurance. But here the Lord helped us. 
We came upon some whites They were returning from a deer hunt, & 
were riding on the other side of tiie Yadkin, as we c"amped on this side. 
The mau's name was Owen, of Welch stoc^k, who had only settled here 
in the Spring. He invited us into his house & treated us very kindly. 
The next day we went to his house, & pitched our tent there as his house 
was too small to admit all. 

As regards the land wh. we surveyed it lies on both sides the Yadkin, 
3 or 4 miles down the river; & takes in the N. & S. Fork. Many 
springs & many streams flow through the lowlands of the River. Quan- 
tities of cane grow here — & should brethren come to this place, they can 
winter their cattle among them for several years. A number of meadows 



COLONIAL RECORDS. 13 



can be made liere — for nature has adapted the soil & land to tliat j)ur- 
pose — The soil is ridi & of a warm nature. 

Those mountains \vh. come within our range have line woods, th(jugii 
only in part. It has a very desirable situation. It is probable the low- 
laud may be flooded in high water; still I believe this to be one of the 
finest pieces we have thus far surveyed. 

Dec. 20"" 1752. From the Camp on the Yadkin — near the Mulberry 
Fields — at Mr. Owen's house. Here by the Grace of God we have all 
arrived safely, except that H. Antes suffers very much from his arm. 
He has " Wound Fever," & yet we are glad lie can stay in Mr. Owen's 
house, & recruit himself somewhat. The rest are busy surveying; for 
we have found a splendid tract through Mr. Owen's suggestion. It lies 
on the Yadkin 4 miles below — opposite the Mulberry fields. These are 
Old Indian P'ields — where the CheroUees probably lived once. They 
have a pleasant situation & remarkable fertility of soil. Morgan Bryant 
had taken them up but they are uninhabited. Our laud, on the oppo- 
site side of the Yadkin, is not far from the first piece wh. we surveyed 
on the Yadkin. Could we buy the Mulberry tract, we would bring 
the land on both sides of the river together for a space of 10 miles — 
as we have already a fine tract on the Mulberry Field side — which joins 
Mr. Owen's land. As regards this tract just surveyed it is much like 
the other, as to require no further description. The nearest house, 
except Mr. Owen's is 60 miles distant. 

Jany. 8. 17.53. From the Camp on the Three Forks of Muddy Creek. 
It is the middle of Winter & we have a "smart" snow. We still camp 
out in the woods — sound, well & contented, in the care of our Heavenly 
Father. Towards the close of the year we came here, & found a i)ody of 
land wh., perhaps better than any other, answers the desired purpose. Had 
we possessed correct information of this tract in the beginning — proba- 
bly we would not have gone to the Waters of the Catawba, or New Rivei-. 
But the Lord has doubtless overrided this for wise purposes, so that 
the 100000 acres were taken up there — wh. may be reserved for some 
special purpose. As regards this land upon which we have camped, I 
regard it as a Corner which the Ijord has reserved for the brethren. It 
lies in Anson Co., about 10 miles from the Yadkin, on the upper Penn- 
sylvania road-J— some 20 miles from the V line. It is designed to con- 
struct a road from here to a " Landing," where goods brought on the 
Cape Fear may be brought, then conveyed to their destination. From 
here it is 150 miles to said Landing Place — Edenton is 350 — the nearest 
mill is 19 miles distant The situation of this land is quite peculiar. It 
lias countless springs & many creeks — so that as many mills can be built 



14 COLONIAL RECORDS. 



a.s may be desirable. These streams make many & fine meadow lands — 
& they may even be carried to lands that do not lie so low. 

The stock wonld have excellent pasturage & might be kept for a 
number of winters among the reeds on the creeks. There is a great 
deal of bottom — wh. is not too wet & may be used for Indian corn, & 
other products of the farm. 

Of the rest of the land, which is either quite level or somewhat in- 
clined, there is a large quantity here, wh. is good for wheat, corn, &c. &<■. 
A portion has but little timber, for the hunters have so often ruined it 
with fire; but it is still not to be despised. A good manager will 
cultivate this first, as he will have less trouble & can spare the 
forests. There are barrens here too, & if a man would say it was half 
good — one fourth bad — one fi)urth "middling" it would be correct. 
But all land in N. C. is so mixed, & no 600 acres can be taken up 
without some barrens. There is no lack of stone for building — & bro. 
H. Antes thinks there are good mill stone to be found. C'ompared with 
Nazareth land it is about equal — only that that has more meadow land 
than this. 

The most of this land is level & plain. The air fresh & healthy — & 
the water good, especially the springs, wh. are said not to foil in summer. 
According to the laws — the hunting & fishing privileges are exclusively 
ours. In the beginning a good forester & hunter will be indispensable. 
The wolves & bears must be exterpated as soon as possible — or stock 
raising will be pursued under difficulties. The game in this region may 
also be very useful to the brethren in the first vears of the colony. The 
whole piece as surveyed comprises from 72 to 73000 acres. This we 
divide into 14 pieces — wh. will not be of the same size — but will not 
differ verv much & are about 10 miles long & 11 wide according as the 
creek flows. 

The plots of these tracts Mr. Churton will make on his return to 
Edenton — & return them. Each tract has wood — water — meadow — & 
arable land. Every one who knows the laud, says it is the only piece 
where so much good land may be found together, & among all the still 
vacant lands it is the best. And we rather lielieve tliat way also. 

1. 8PANGENBERG. 
I. H. ANTES. 



COLONIAL RECORDS. 15 



1753. 

[B. P. R. O. North Carolina. B. T. Vol. 12. C. 16.] 

My LoRiis, [of thk Board of Trade] 

I received a letter from Mr. Pownal], dated 17"" Nov'' 1752, signity- 
ing to me your Lord.ships eommandis, "that I should acquaii)t you 
whether I had any intentiou.s of returning to North Carolina and, if I 
had, when I propo.sed to depart &c." In obedience to wliich I must beg 
leave to assure your Lord.ships that I am, and ever shall be, most ready 
to obey your Lordships Orders; and more particularly tho.se which pre- 
scribe to me my Duty in an office that I have the honour to hold under 
His Majesty's royal Commission, but in order to give a particular An- 
swer to the .said letter, I must crave leave previously to represent to" 
your Lordships the occasion of my return to England, and the business 
which has detained me here. 

My Lords on the 28"" February 1745 I had the honour to receive His 
Majesty's Commission of that date appointing me Attorney General of 
the Province of North Carolina, in which Commission there is inserted 
a Grant to me of all tSallaries perquisites and profits appertaining to the 
said Office ; and in consequence of which Commission I .soon repaired to 
the said Province, and took upon me the execution thereof. 

My Lords,' there are annexed to the said Office two yearly .sallaries, 
one of £80. and the other ;30£ sterling payable (as all other appoint- 
ments in that Province are) out of His Majesty's royal revenue of Quit 
rents, arising in the said Province of North Carolina. Now altho' I 
did at a very great expence, and at frequent hazards of my life, con- 
tinue to execute the said Office, I have never yet been able to get one 
farthing of my said .sallaries.. Occasioned (as I verily believe) by the in- 
sufficiency of the fund of Quit rents to an.swer the said Appointment, 
and by the mismanagement or neglect of the Officers in forming a good 
rent roll, and for want of proper Laws to regulate and enforce the pay- 
ment of Quit rents. So that my said Sallaries, as granted to me by His 
Majesty's said Commission of February 17-45, are wholly in arrear froui 
that time to this, as appears by the late Govern"' John.stons testimonial and 
Certificate thereof, under his hand and tiie great Seal of the said Prov- 
iuce produced herewitli. 

My Lord.s, being in great want of my afore.-^aid Dues, I applied to the 
said late Governor John.ston for his leave to return to England, in order 
to sollicit payment of the same, t)r to procure some other kind of satis- 



16 COLONIAL RECORDS. 



taction in lieu thereof; as will also appear by the aforementioned Testi- 
monial and certificate And as to any prejudice that may arise to His 
Majesty's Affairs &c. I took care to procure a very able gentleman of 
the Bar in that Province, to act for me in my absence, and whom the 
late Gov' the more readily commissioned for that purpose as the said 
Gentleman had before that for a long time executed the said Office of 
Attorney General in a former Vacancy. So that, I hope, no manner of 
prejudice can or will arise to His Majesty's service by means of my Ab- 
sence. 

My Lords, from my particular knowledge of the Aflt'airs of North 
Carolina, I am certain that, unless some method be found out of easing 
His Majesty's said revenue of Quit rents, pro tempore, of the Govern"'' 
Sallary of £1000. per annum, neither the said annual charges thereupon, 
nor the Officer's said arrears will have any chance of being discharged 
within these twenty years at least. A Hardship that will bear heavy 
upon, and be very grievous to many Gentlemen, that have acted for 
many years in His Majesty's Service, under great difficulties and at their 
own expense. 

All which is most hunii)ly submitted to your Lordships consideration. 
&c. THOMAS CHILD 

Staffijrd row near Buckingham Gate Westm" 8"" January 1753. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 309.] 

Sir, [To Chief Justice Enoch Hai.l] 

The liOrds Commiss" for Trade & Plantations having been informed 
that von have been for some years resident in P]ngland their Lordships 
have directed me to desire you will forthwith acquaint them whether you 
have any intentions of returning to North Carolina or if you have when 
you propose to depart to the end that proper measures may be taken to 
jjrevent that prejudice tiiat may arise to His Maj. service and the affiiirs 
of that Province from the absence of so necessary an officer 

I am Sir, &c., THOS. HILL 

Whitehall Jan'^ 19'" 1753. 



[B. P. R. O. North Carolina. B. T. Vol. \i. C. 17.] 

At the Court of S' James Whitehall the 25"' January 1753. 
Present The Kings mo-st excellent Majesty in Council 
Upon reading this day at the Board a representation from the Lords 
Comm" for Trade and Plantations dated the eleventh of this instant set- 



COLONIAL RPX'ORDS. 



ting forth tliat Gabriel Johnston Esq" Captain General and Governor in 
Chief of His Majestie's Province of North Carolina in America is dead, 
and that Arthnr Dobhs Estj" appearing to them a person every way (juali- 
fied to serve His Majesty in that station, They therefore humbly propose 
to His Majesty that the said Arthur Dobbs may be appointed Captain 
(xeneral & Governor in Chief of His Majestie's said Province of North 
Carolina, in the room of the said Gabriel Johnston Esq" deceased. His 
Majesty in Council approving thereof is pleased to order, as it is hereby 
ordered, that the said Arthur Dobbs bo constituted and appointed Cap- 
tain General and (xovernor in Ciiief of His Majesty's said Province <if 
North Carolina in the room of Gabriel Johnston Esq" deceased, and that 
the said Lords Commissioners for Trade and Plantations do prepare the 
draughts of a Commission and Instructions for the said Arthur Dobbs, 
and lay tiie same before His INIajesty at this Board for His approbation. 

W. SHARPE. 



[E. P. R. O. NoKTH Carolina. B, T. Vol. 12. C. 18,] 

At the Court at S' James's the 7* day of February 1753. 

Present the Kings mo.st Excellent Majesty in Council 

Upon reading this day at the Board a Representation from the Lords 
Commissioners for Trade and Plantations, together with the Draught of 
a Commission prepared by the said Lords Commissioners for Arthur 
Dobbs Esq" to be Captain General & Governor in Chief of His Maj- 
estys Province of North Carolina, And it appearing that the .said 
Draugiit of Commission is drawn in the usual Form — His Majesty was 
plea.sed with the advice of His Privy Council to approve thereof, and to 
order, as it is hereby ordered, that the right honorable the Earl of Hol- 
dernese one of his Majesty's principal Secretarys of State, do cause a 
warrant to be prepared for His Majesty's royal Signature in order to 
pa.ss a Commission under the Great Seal of Great Britain agreable to the 
said Draught wiiich is hereto annexed. 

A true Copy W. SHARPE. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 20.] 

Cape Fear, North Carolina February 14*^ 1753. 
My Lords, [of the Board of Trade] 

On the death of Nathaniel Rice Esq" late President and Commander 
in Chief of this Province, it is become my Duty as next in Council, to 



18 COLONIAL RECORDS. 



inform yonr Lordships of this alteration in the administration of His 
Majesty's Government here. 

I was within a few miles of Wilmington where Mr. Rice died on the 
29"" of last month and immediately caused the Members of His Majes- 
ty's Council to be summoned, and accordingly James Murray, James Ha- 
sell, James Innes, Jolin Rutherford, John Swan and Lewis De Rosset 
Esq" being all the Members tiiat could then attend, met me in Council 
the P' of this month where T and they qualified by taking the Oaths by 
Law appointed. 

His Majesty's Commission to the late Governor Johnston, the royal In- 
structions to him dated the 3'''' August 173.3, and two other Instructions 
from their Excellencies the Lords Justices dated the 16* April last were 
immediately delivered to me. These I shall carefully peruse & observe. 
And in order to carry into execution that most necessary Instruction of 
their Lordships for the revisal of our Laws, a work of time & pains 
much wanted here, I have by the advice of His Majesty's Council pro- 
rogued the General Assembly to the 27"' of March next then to meet at 
Newbern. 

By the advice of His Majesty's Council I have appointed James Mur- 
ray Esq" Secretary and Clerk of the Crown in the room of Mr. Rice 
who lield these Offices till he died. 

The publick Papers have come thro' so many hands of late that I am 
the less surprised at so few of them being delivered to me; but I shall 
cause strict search to be made and the Papers of the late Governor & 
President by their executors for such as yet remain that I may have all 
the directions necessary for promoting His Majesty's service and obeying 
your Lordships commands. 

I am, with great respect, &(.:, MATH : ROWAN. 



[B. P. K. O. North Carolina. B. T. Vol.. 12. C. 24.] 

To the King's most excellent Majesty in Council 

The Memorial of Arthur Dobbs Esq'" Your Majesty's Governor of 
the Province of North Carolina in America. Humbly sheweth, 

That your Majesty was graciously pleased to instruct the late Governor 
of North C'arolina, to cause forts to be erected at proper places for the 
defence of the said Province, and the navigation thereof. 

That in pursuance of such your Majesty's Instructions the Legislature 
of that Province made Provision, for erecting Forts, and in consequence 



COLONIAL RECORDS. 



thereof one Fort is already erected on Cape Fear river a plan of which 
Fort, with an estimate of the Charge, that attended the same having 
been transmitted over by the late Governor and having been pnt into 
the hands of your Memorialist together with a Draught of the Entrance 
into the said river and Soituation of the Fort upon the river are here- 
with laid before your Majesty. 

That the Inhabitants of the said Province relying on your Majesty's 
royal favour for proper Ordnance and Stores for such Fort were thereby 
induced to cause the .same to be erected at their own charge, but are by 
no means able to defray the farther expenses of Ordnance and Stores 
necessary thereto. 

And your Memorialist begs leave farther to represent to your Majesty 
that for want of Forts properly supplied your Majesty's subjects in that 
Province were miserably harassed and often plundered by the enemy 
during the late war, and now in time of peace, are so situated, that 
piratical Vessels, Vessels corning from infected Places, or Vessels carry- 
ing on an illicit trade, may come into, and go out of the said Province, 
without hindrance or molestation, the consequence whereof may prove 
not only very fatal, to the Inhabitants of that Province, but likewise, 
very detrimental to your Majesty's revenue, and the trading interest of 
this Kingdom. 

All which is most humbly submitted to your Majesty's royal consid- 
eration by your Memorialist who most humbly prays that your Majesty 
will be graciously pleased to grant such Ordnance and Stores for the 
safety of the Colony and shipping as the Fort and Battery so erected • 
may necessarily require. 

Signed. ARTHUR DOBBS. 

Rec" April 11* 1753. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 25 and 26.] 

IS'" April 1753. 
Sir, [Mr. Powmali.] 

I am directed by Mr. Walpole Auditor General of the Plantations to 
transmit to you the following account of what has passed relating to the 
Quit rents in North Carolina to be laid before the Lords of Trade and 
Plantation : 

Soon after the purchase of the Provinces of North and South Caro- 
lina His Majesty was pleased to remitt £5000. arrears to the people there 
in consideration that they would pass some Laws for the establishing 
and improving the Quit rents due to the Crown. 



20 COLONIAL RECORDS. 



The Governor and Council did pass some Laws in both Provinces 
relating to the Quit rents but they were found to be so injurious to the 
rights of the Crown that they were disapproved here by Committees of 
Council. 

Sometime afterwards Governor Johnston of North Carolina came over 
to England and having represented to the Lords of the Treasury that 
the reason wlw the Quit Rents there were not duly ascertained & col- 
lected was because the OflBcers of the Crown did not receive proper 
encouragement for their trouble, he proposed the following Establish- 
ment to be made and paid annually out of that revenue viz : 

To the Governor £1000. 

Auditor 100. 

Chief Justice 70. 

Baron 40. 

Surveyor General 40. 

Secretary 70. 

Attorney General 80. 

Clerk of the Crown 25. 

Charges for the Exchequer Court 30. 

£1455. 



As what would not only answer that end but would, as he alleged, by 
the diligence and assistance of the Officers from such an encouragement 
produce a surplus for the service of the Crown beyond the Establish- 
ment, which was accordingly granted by His Majesty in September 1733. 
But so little care was taken by the Governor and Officers to improve 
and ascertain that revenue that the amount of Mr. Allen's the late re- 
ceiver General's Accounts for 14 years from 1735 to 1748 both inclusive 
were £13356 17' 9* sterling which at a medium is about £954 per 
annum. And you will observe falls very short of the said Establish- 
ment. But those accounts were not audited and passed by Mr. Walpole's 
deputy abroad, nor when transmitted home allowed here being very im- 
perfect and irregular for want of a complete rent-roll and proper 
Vouchers. 

In the year 1744 Mr. Allen transmitted a rent-roll which only con- 
sisted of the names of the persons, N° of acres and dates of the grants with- 
out specifying the annual rent of such Lands or separating the Crown's 
part from the Earl of Granville's. 



COLONIAL RECORDS. - 21 



He likewise transmitted anotlier rent-roll with some additional Grants 
from 1744 to 1748, in the same manner and consequently liable to the 
same objections. 

The Earl of Granville not having agreed to include his share as a 
Proprietor when the Crt)wn purchased those provinces he obtained in the 
year 1742, a Grant from the Crown for exchanging his eighth part in 
both Provinces for an equivalent in North Carolina which Grant having 
never been entered in the Auditor's Office the extent or value of it does 
not appear there. 

The present receiver Mr. Rutherford seems disposed to act in concert 
with the Deputv Auditor in North Carolina in making out a proper rent 
roil agreably to what I suggested in a letter I wrote to him of May y" 6* 
1752, bv Mr. VV^alpole's direction for that purpose desiring him at the 
same time to use his utmost endeavours with the Deputy Auditor to 
bring the Executors of Mr. Allen the late receiver to a fair and regular 
account of all moneys he had received from his first appointment to that 
Office to make out a rent roll exclusive of Lord Granville's share. 

I have received from Mr. Rutherford the present receiver, his account 
of quit rents of North Carolina from the 14'" of May 1751, to the 5"" 
of October following amounting to no more than £161 8' 0'' sterling. 

As His Majesty has been pleased to appoint Mr. Dobbs to be Gov- 
ernor of North Carolina, Mr. Walpole desires you will move their Lord- 
ships to give him particular instructions to support with his countenance 
and lawful authority the Officers of the Crown in causing a rent roll to 
be made out and for recovering, improving and ascertaining the quit 
rents duo to His Majesty there: and am Sir, . 

Your most humble servant 

THOMAS SMITH Dep: And: 

P. S. I have sent you a Copy of Mr. Walpole's report to the Lords 
of the Treasury on Widow Johnston's claim with an abstract of Mr. 
Allen's account for 14 vears. 



Copy of Mr. Walpole's report to the Lords of the Treasury on Widow 

Johnston's Claim, dated the 10'" April 1753. 
To the right Hon"' the Lords Commissioners of His Majesty's Treasury. 

In obedience to your Lordships commands signified to me by Mr. 
West in his Letter of the 2^ of November last, that I should consider 
the annexed Memorial of the Widow of Gabriel Johnston Esq" the 
Governor of North Carolina & report to your Lordships a state of the 
Petitioner's Case witii my opinion what is fit to be done therein. 



22 COLONIAL KECORDS. 



I have considered the said Memorial setting forth that at the time of 
her late husband's death (viz') on the 17th of July last there was and 
still is due unto her said husband from the Quit rents of that Province 
arrears of Salary to the amount of £13000 sterling and upwards as will 
hereafter be properly authenticated to your Lordships. 

That on the recovery of the said arrears the support of herself and 
children of the deceased Governor and payment of his numerous cred- 
itors both at home and abroad, principally depends. 

That the appropriation of the Quit rents of that Province to any new 
purposes would abst)lutely deprive her of relief from thence, whereupon 
she enters this her claim upon the said Quit rents and most humbly en- 
treats your Lordships that the same may be sustained preferable to any 
subsequent appropriation or appointment of that fund. 

Upon which I beg leave to report to your Lordships that in the year 
1733. His Majesty was pleased to grant to Governor Johnston .£1000 
per annum, which was £300 more than was allowed to the former Gov- 
ernor of North Carolina and certain sallarys to the rest of the Officers 
of the Crown payable out of the revenue of Quit rents amounting in the 
whole to 1455 as appears by the Establishment ^under His Majesty's 
royal sign manual in September 1733, as a proper encouragement to 
them in ascertaining and supporting the just rights of the Crowu and in 
expectation, as the said Governor alledged that by such an encourage- 
ment the Quit rents would not only be made sufficient to answer the said 
Establishment but produce a considerable overplus for the service of the 
Crown, now far from answering the purposes for which those sallarys 
were granted such has been the remissness of the late receiver & I am 
afraid on the part of the Governor as well as other Officers of the Crown 
in exerting themselves for the receiving of the Quit rents that there are 
great arrears due to His Majesty on which the Establishment is charged 
and also I suppose to all the Officers as well as to the representatives of 
Governor Johnston: But as Mr. Allen's accounts from 1785 to 1748 
were always justly objected to by my Deputy there for want of regu- 
larity and sufficient Vouchers & upon Mr. Allen's death the said Gov- 
ernor Johnston appointed Mr. Rowan to act as receiver General of North 
Carolina till His Majesty's pleasure was known who has never trans- 
mitted any account during the time he acted; it is impossible for me to 
ascertain the exact claim due to the Officers of the Crown out of the 
Quit rents, and it is possible that the late Governor's arrears may arise 
to about the sum set forth by the Petitioner & unless there is an addi- 
tional fund for some other Provision made for Gov' Johnston's successor 
or some other means can be found for procuring a compleat rent roll. 



COLONIAL RECORDS. 23 



and for recovering, improving, ascertaining & receiving the Quit rents, 
the arrears due to the Officers will rather increase than decrease; as your 
Lordships may perceive by tiie abstract of Mr. Allen's receipt of Quit 
rents & by Mr. Rutherford's the present receiver's account from the 14"" 
of May 1751, to the 5"" of October following, amounting to no more 
than £161 8= sterling. 

As to what your Memorialist alledges that an appropriation of the 
Quit rents to any new purposes would deprive her from having relief 
from them is (I apprehend) in the present state of the Quit rents but too 
true and that is the case of the rest of the Officers, who I must observe 
to your Lordships seem by the present Establishment equally entitled to 
their respective proportion of their arrears out of the Quit rents due to 
the Crown as they are received, in the meantime if those arrears are to 
be pay'd in course and preferable to any new incumbrance I don't see 
liow the salary of the Gov"' lately appointed can be charged upon them 
and payd, until the Quit rents by a new rent roll & a better management 
& collection of them shall be vastly increased.' 

All which is submitted by your Lordships Most obedient servant 

H. WALPOLE. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 22.] 

Cape Fear, North Carolina May 28* 1753. 
My Lords, [of the Board of Trade] 

On the 27"" of March last the General Assembly of this Province 
met at Newbern, pursuant to the Proclamation I acquainted your Lord- 
ships of, in my letter of the 14"' of February. 

The Laws pa.st during that .session were, 

1. An additional Act concerning slaves; 2'* an Act of relief for the 
suiferers by the accidental loss of the records in Onslow County. 

•3'' An additional Act to the Act for fixing the seat of Government 
&c. (this is only to continue for a time the tax of 4* per roll to defray 
the cJiarge of the circuit Courts.) 

4'" An Act to prevent excessive gaming 

S"* An Act to prohibit the exportation of grain in time of scarcity. 

6"" An Act to divide Anson County. 

7'*" An Act to appoint a town at Occaecock Inlet and to erect a forti- 
fication there. 

S* An Act to settle the bounds of Orange County. 



24 COLONIAL RECORDS. 



These Acts are ordered to he printed and shall be laid before your 
Lordships by the first opportunity after they are done. 

Finding that the Journals of the Upper House have not been regu- 
larly transmitted to your Lordships, I have caused the clerk to tran- 
scribe such as have not been sent viz: the Journals for the Sessions in 
March 174|, in March 1749, October 1749, March 1750, July 1750, 
September 1761, and April 1752, these seven Journals are enclosed 
with this as also the Journal of the Lower House for March 1752. 
The Journals of the last Session not being compleated when I left New- 
bern cannot be sent at this time. 

I have not since the decease of the late President received any of the 
royal Instructions, or any of your Lordships commands except what are 
mentioned in my letter of February. 

I have ordered the several Collectors to furnish the accounts of the 
imports and exports required by j^our Lordships, as soon as they come to 
hand they shall be sent together with a state of the militia which I have 
taken pains to make more complete than it has been heretofore. 

I have no further to add but am with great respect, 

My Lords, Yours, &c., MATH: ROWAN. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 23.] 

North Carolina, Cape Fear June 28"" 1753. 
My Lord.s, [of the Board of Teade] 

My last of the 28* of May with seven Journals of the Upper House 
and one of the Lower House I sent by Captain Peterson for London 
since that have received the Laws passed last A.ssembly which I now 
transmit. 

I recommended to the Assembly the revisal of all our Laws but they 
seemed to think that important task fitter for the first Session of a new 
Assembly than the last of an old one for which reason it was deferred. 

Our militia had been very mnch neglected, several Counties had never 
been regimented and others most of the Officers dead or removed, I have 
fitted up the vacancies and appointed new regiments in the Couotys 
where there was none. 

In the year 1746 I was up in the Country that is now Anson, Orange 
and Rowan Couutys, there was not then above one hundred fighting men 
there is now at least tiiree thousand for the most part Iri.sh Protestants 
and Germans and dayley increasing. I have no further to add but am 
with the greatest respect, My Lords, Your most, &c., 

MATT: ROWAN. 



COLONIAL RECORDS. 25 



LB. P. R. O. Am: & W. Ind; Vol. 67.] 

Cape Fear N" Carolina Nov' the 21" 1753. 
My Lord [Earl of Holdernesse] 

T rec'^ your Excellencys of the 28"" of Aug' by way of Virginia, have 
since called the Council & Made all the inqnirey po.ssable about the 
French and Indian.s in any Number cuiniug on our frunteers but caunot 
find any foundation for the Information. 

Last June three French and five Northward Indians came down to 
kill .some of the Catabahs but were met by thirteen of the Catabah 
Indians who killed two french & three of the N'ward Indians the other 
three made th" escape the five were killed dead so tliat no iuformation 
could be had from them this action was within less than two miles of 
Rowan County Court House dureiug the siting of the Court. 

Last week the High Sheriif of Rowan which is the most frunteere 
County came down here some of their Hunters were a great way back 
but saw nothing of any french or Indians he returns tomorrow will 
give him derections to make the best inqnirey he can, I will order the 
Militia to be in redyness, our three fruntire Countys are Anson, Orange, 
& Rowan, they are for the most part, .settled with Irish Protestants, 
& Germans brave Indiisterous people their Militia amounts to upwards 
of three thousand Men and incresing fast. 

Your Excellency may depend on it I will not suifer any insult or 
iucrochment on his Maje.«tys Dominions in This Province whilst the 
administration is in ray hands and am My Lord, &c., 

MATT ROWAN 



[B. P. K. O. North Carolina. B. T. Vol. 21.] 

Sir, [President Matthew Rowan] 

^Ye take the first opportunity to acknowledge the receipt of your sev- 
eral letters to us dated l-l"" February 28"' May and 28"' June last and of 
the public papers transmitted with them. 

The method you took of calling His Maj. Council together and taking 
the oaths upon the death of Mr. Rice appears to us to be right and proper 
and we doubt not of your faithful and diligent execution of the impor- 
tant trust devolved upon you until Mr. Dobbs whom His Maj. has 
appointed his Governor shall arrive and hope that the person whom you 
Vol. 5—2 



26 COLONIAL RECORDS. 



have made choice of to execute the office of Secretary until His Majesty 
shall appoint one will be no less attentive to his duty in a place which 
appears to us to require great diligence and ability. 

Your endeavours to put the Militia upon a better foot show a proper 
regard and attention to the interest and security of the Province and we 
should be glad to receive from you a particular account of their strength 
and numbers and in what manner they are train'd and disciplined. 
So We bid you heartily farewell and are 

Sir Your very loving friends, &c., 
DUPPLIN CHARLES TOWNSHEND 

FRAN FANE JAMES OSWALD 

: Whitehall Dec' 5* 1753. 
[From the Board of Trade] 



[B. P. R. O. B. T. Journals. Vol. 61.] 

BOARD OF TRADE JOURNALS. 

Wednesday January 10"" 1753. 
Present. 
Earl of Halifax 
Mr. Pitt. Mr. Greuvilie. 

Lord Dupplin. Mr. Fane. 
Mr. Oswald. 
Ordered that the Draught of a Representation to His Majesty be pre- 
pared proposing that Arthur Dobbs Esq. may be appointed Governor of 
North Carolina in the room of Gabriel Johnston Esq. deceased. 

Thursday January 11"' 1753. 
The following Representations and Letters having been prepared pur- 
suant to the preceding Minutes were laid before the Board agreed to 
transcribed and signed. 

Representation to His Majesty proposing that Arthur Dobbs Esq. 
may be appointed Governor of North Carolina in the room of Gabriel 
Johnston Esq. deceased. 

Wednesday, January 17* 1753. 

Mr. Child Attorney General of the Province of North Carolina at- 
tending was called in and he laid before the Board the following paper 
viz: 



COLONIAL KEC'ORD.S. 27 



Reasons limnhly ort'erwl to the Lorils Coiiiniiss" for Ti-;i(lc and I'laiita- 
tioiis by Mr. Cliild Attorney General of North f'aidlina for his licinff 
absent from the Province. 

He likewise prodnced to their Lordships the late Governor's Testimo- 
nial under the seal of the Province of his good .services and condnct and 
of the reasons which induced him to come over into England wiiidi 
being read was redelivered to him and he was acquainted that his rea- 
sons appeared to their Lordships to be satisfactory. 

Ordered that the Secretary do write to Mr. Enoch Hall Chief JiLstice 
of the Province of North Carolina who appeared to have been absent 
from his duty for upwards of four years desiring he would acquaint the 
Board with his reasons for siu-h long aksence & when lie purposes to 
return. 

Wednesday January 3:" 1753. 

Read an Order of Council dated 25"" Jau'^ 1753 approving a Repre- 
sentation of this Board proposing that Arthur Dobbs E.sq. may be ap- 
pointed Governor of His ALij. Province of* North Carolina in the room 
of Gabriel Johnston Esq. decea.sed and directing this Board to prepare a 
Commission and Instructions accordingly. 

The following Draughts of Repre.sen' to His Maj. having been pre- 
pared in consequence of the foregoing Orders were laid before the Board 
agreed to transcribed and signed. # * * * 

Representation to His Maj. with the Draught of a Commission ap- 
pointing Artliur Dobbs Esq. to be Gov. of North Carolina. 

Friday March 9'" 1753. 
Read several cojiys of Orders in Council the titles of which are as 
follow viz' 

****** 
Copy of an Order iu Council dated 7"" February 1753 approving a 
Representation of this Board together with the Draught of a Commis- 
sion prepai-ed by them for Artliur Dobbs Esq. to be Governor of His 
Majesty's Province of North Carolina. 

Tuesday, April 10'" 1753. 

Read a letter from Mr. Rice President of the Council and Commander 
in Chief of North Carolina to the Board dated 13"" Dec. 1752 acknowl- 
edging the receipt of two packets from their Lordships to the late Gov' 
Johnston dated 28 April and 3 June last and transmitting Minutes of 
Council in April and August 1752. 

The Secretary laid before the Board a collection of all the Laws now 
in force in North Carolina received from the Agent of the said Province 



28 COLONIAL RECORDS. 

Wednesday, April 11'" 1753. 
Present 
Earl of Halifox 
Mr. Pitt. Lord Dnpplin. Mr. Grenville. 

Mr. Townshend. Mr. Fane. Mr. Oswald. 

Their Lordships took into consideration the state of His Maj. Province 
of North Carolina and also a Bod}- or Collection of the Laws of the 
said' Province mentioned in the preceding Minutes. 

Resolved that the state of the said Province be taken into further con- 
sideration on Tuesday next the 17'" inst. 

Tuesday, April 17"' 1753. 

Their Lordships took into further consideration the state of aifairs in 
His Maj. Province of North Carolina and ordered a state of the case 
with i'esj)ect to the Act passed thei-e in 1 746 for ascertaining the number 
of the Assembly and Queries thereupon to be prepared in order to be 
laid before the Attorney and Solictor General for their opinion. 

Wednesday, April 18'" 1753. 
The Rt. Hon. Horatio Waljwle Estj. being present their Lordships 
made a further progress in tiie consideration of the state of affairs in His 
Majesty's Province of North Carolina more particularly with respect to 
the confused state of the Grants of Land and quit rents therein. 

Wednesday May 2'"' 1753. 
Read a letter from Mathew Rowan Esq' one of the Council of North 
CJaroiina to the Board dated 14 Feb''' 1752 giving an account of the 
death of Nathaniel Rice Esq' late President of the Council and Com- 
mander in Chief of tiie said Province and of his having taken upon him 
the administration of that Government. 

Wednesday, November 14'" 1753. 
Read a letter from tiie Attorney & Solicitor General to the Secretary 
dated 20'" July 1753 with their Report u))oii tlie case referred to them 
relative to the Act of North Carolina for ascertaining the number of 
Representatives. 

Ordered that the Draught of a Representation to His Majesty be 
prepared upon the state of affaiis in His Maj. Province of North Caro- 
lina 

Friday, November 16'" 1753. 

Read two letters from Mr. Rowan President of the Council of North 
Carolina dated 28'" May & 28'" June last transmitting the following 
pa|>ers 



COLONIAL RPX'ORDS. . 29 



Journals of the Upper House & also of the House of Burgesses of 
that Province 

A printed copy of the Acts passed in tlie last Assembly of that Prov- 
ince in March 1753. 

Ordered that the Acts be sent to Mr. Lamb for his opinion in point of 
law 

Ordered that tlie Draught of a letter to Mr. Rowan be prepared. 

Wednesday, November 28'" 1753 
The following Draughts of Letters having been prepared pursuant to 
their Lordships orders were agreed to and ordered to be transcribed Viz: 

Draught of a letter to Mr. Rowan President of the Council of North 
Carolina — which was signed on 5 Dec' 1753. 



[From the MSS. Records op North Carolina Council Journals.] 

COUNCIL JOURNALS. 

North Carolina — ss. 

At a Council held at Wilmington the 1" of February 1753 
Present The Honourable Mathew Rowan Esq' President 
( James Murray John Rutherford "j 
The Hon^V James Hasell John Swann VEsq" Members. 

( James Innes Lewis De Rosset j 

The Hon*"'" Nathaniel Rice Esq' Late President and Comm' in Chief 
in and Over this Province having departed this Life on the 29"" of last 
month and the administration of the Government hereby devolving on 
the Honourable Mathew Rowan Esq' Eldest Cbuncellor, pursuant to his 
Majestys Royall Instructions the said Mathew Rowan Esq' took and 
snbscribed the Several Oaths by Law Appointed to be taken by publick 
Officers, made and subscribed the Declaration call'd the Test and took 
the Oath of Office and his seat at the Board as President 

The several Members of Council now Present in like manner took and 
subscribed the said several Oaths made and subscribed the said Declara- 
tion and severally took the Oath of a Councellor and their seats at the 
board accordingly. 

His Hon' the President was pleased to appoint James Murray Esq' 
Secretary, Clerk of the Council and Clerk of the Crown in the Room of 
the late Nathaniel Rice Esq' Deed Untill his Majestys Pleasure shall be 



30 • COLONIAL RECORDS. 



known of which appointment the Council approved a Commission was 
accordingly made out for the said James Murray who took and made 
the several Oaths & Declarations above Ment* as also the Oath for the 
due Execution of the said Offices 

Ordered that a Proclamation Issue for continuing all Offioers Civil 
and Military in their severall offices till further Orders 

Ordered that a Proclamation issue to command the Meeting of the 
General Assembly at Newbern on Tuesday the 27"' day of March next 

His Hon'' the President was pleased to lay before the Board a Letter 
of this date from William Wilkius Comm'' of his Majestys Sloop Scor- 
pion setting forth that haveing Received orders from the Lords of Ad- 
miralty to proceed immediately with the said Sloop to England and 
being directed by his Instructions to consult the Comm'' in Chief and 
His Majestys Council in all affairs of Importance tending to the welfare 
and security of this Province and taking his leaving the Province at this 
time to be of the utmost Importance, desires to be favoured with the 
sentiments of His Hon' & the Council thereupon whether or not they 
concur with the Oi'ders he has Received This Board taking the same into 
consideration is of Opinion that Notwithstanding several Good Reasons 
appear for continuing the said Sloop on this Station till relieved, they 
cannot^Advise Capt Wilkius to Dispense with the late ordersi he has 
Received from the Lords of Admiralty for his Departure 



At a Council held at Newbern on Wednesday the 28"' day of March 

1753 

Present tiie Honourable Mathew Rowan Esq'' President 

rrM TT bi» f James Murrav James Innes ) ,,, ,, 

TheHon"%' j tj n" t • ri r? v. > Esq'' 

\ James Hasell Lewis De Russet J ' 

Francis Corbin and James Craven Esq" Severally exhibited a Man- 
damus from their Excellencies the Lords Justices, Mr. Corbin's dated 
the S"" and Mr. Craven's the 9* day of June 1752 directing and Re- 
quiring the Comm' in Chief of this Province to swear and admit them 
the said Francis Corbin and James Craven Esq'" Members of His Maj- 
estys Council in this Province in the room of Eleazor Allen and Cullen 
Pollock Esq" deed whereupon the said Francis Corbin and James Cra- 
ven took the severall Oaths by Law appointed to be taken by Publick 
Officers made and subscribed the Declaration called the Test and took 
the Oath of a Councillor and their Seats at the Board Accordingly 
Present ut supra & theHon'''* Francis Corbin and James Craven Esq" 
Mr. Richard Neal produced a Certificate of His admission as an At- 
torney from the Clerk of the Court of the Kings Bench in England, 



COLONIAL RECORDS. 



which being Read he took Oatiis bv Law Appointed to be taken, made 
aud subscribed the Declaration against Transuli.slantiation & took tiie 
oath of an Attorney 

Read the Petition of the Tu.skerora Indians, setting fortli that tiieir 
King had in a Clandestine manner leased to John M'Gasky contrary to 
their Inclination & the Laws of this Province made in their favour — 
delay'd tiiis for furtiier consideration till to morrow 

Mr. John Devis produced a Commission from His Hon'the President 
ap])ointing him Clerk of the Upper House of Assembly & was (Quali- 
fied by taking the Oaths and making and subscribing the Declaration i)y 
Law required to be taken and made 

Mr. Jeremiah Vail producing a Comission from the Secretary appoint- 
ing him Deputy Clerk of the Council and Deputy Clerk of the Crown 
was Qualified in like Manner as Mr. Devis 

Newbern March 29"' 1753 

Present The Honourable Mathew Rowan Esq'' President 
r James Murray Francis Corbin "> 
The Hon'''°<| James Hasell James Craven >Esq''° Members. 
( Jaiues Innes Lewis De Rosset j 
On considering the Petition of the Tuskarora Indians which was read 
yesterday It was Ordered that a Commission issue directed to Mr. Thomas 
Whitmil, Mr. William Taylor "and Mr. John Hill to empower and 
require them to Enquire into the fact Complained of in the said Peti- 
tion & to hear & determine concerning the .same with Liberty of appeal 
to this Board if any of the Parties shall think him or themselves 
agreived by the .Judgment of the said Commissioners who are to make 
Report of their Proceedings by Virtue of the said CoiSission 

At a Council held at Newbern April the Second 1753. 

Present The Houoble Mathew Rowan Esq' President 

{James Murray Francis Corbin ^ 
.James Ha.sell James Craven V Esq" Members. 
.James Innes Lewis De Ros.sett j 
John Rieusset Esq' by virtue of a Mandamus from their Excellencies 
the Lords Justices dated at Whitehall the ll"" of June 1752 which he 
produced was sworn & Admitted a Member of his Majesties Council in 
due form and took his seat at the Board accordingly 



April the O"" 1753 

Present the Hou"" the President 
James Murray Francis Corbin 

James Innes Lewis De Rossett J>Esq" 

John Rutherford Johu Rieusset 



32 COLONIAL RECORDS. 



Francis Corbin Esq'^ was qualified as an associate Justice of the Gen- 
eral Court by taking the Qath of Alegiance, Supremacy, & Abjuration 
& making the Declaration against Trausubstautiation and taking the 
Oaths of Office according to Law. 

^April 10'" 1753 
Present His Honour the President and the same members as yesterday 
Ordered the Secretary to make out Commissions of the Peace and 
Dedimus Directed to the Persons mentioned in the Commission book for 
the Countys of Johnston, New Hanover, Craven, Bertie, Hyde, Beau- 
fort, Duplin, Carteret, Tyrrel, North' Hampton, Edgecombe, Chowan, 
Granville, Orange, Anson, and Onslow, 

April 11* 1753 

Present his Hon"' tiie President 

{James Murray John Rutherford^ 
James In nes Francis Corbin VEsq" 
John Rieusset j 

His Honour the President with the approbation of the Council was 
pleased to appoint James Lines Esq' Escheator General in the room of 
Robert Halton Esq Deced. Ordered that a Commission be made out 
accordingly. 

Read the Petition of Edward Ward Jun' setting forth that he is Ten- 
ant in possession of a Certain Tract of I^and containing 640 acres of 
Land lying in the precinct, now in the County of Onslow which was 
Granted by Patent dated the 20'" day of Feb''' 1735 to Hezekiah Ress 
afterward conveyed by s'' Ress to Solomon Jenning & from him to Wil- 
liam Robinson who died (as is said) without Heirs and praying that a 
warrant of Escheat for the same ma}^ be issued & Directed to the 
Escheator General Granted. • 

April 12'" 

Present His Honour the President and the same members as yesterday 
An Act intituled an act to prevent the Exportation of Grain in time 
of scarcity having been jiassed this session of Assembly John Ruther- 
ford Esq' one of the members of this board being the last person come 
from Cape Fear made oath that the price of Indian Corn at the time of 
his Departure from Thence, exceeded three shillings Proclamation ^ 
Bushell and that severall of the Inhabitants there were really in Distress 
for want of Grain Whereupon His Honour the President by virtue of 
the beforementioned Act and with the Unanimous advice & Consent of 
the Council was pleased to order a proclamation to be issued' to prohibit 
untill the 12'" day of November next the Exportation of Indian Corn 



COLONIAL RECOIIDS. 33 



& other Graiu out of tlie Port of Criinswick iu Cape Fear River and a 
Proclamation was issued accordingly. 

Ordered the Attorney Generall to enter a Nolli Prosequi in the Kings 
Suit against John Haywood it being on a bill of L)dictment found 
against him iu the Execution of his Office as a Magistrate. 



At a Council held at Wilmington on the 9"" day of May 1753 

Present the Honourable Mathew Rowan Esq' President 

rpi XT He f James Murray John Swaiin I ^^ „ ^^ , 

IheHon^'V y u n t • y-k o ^. V Esq" Members 

[ James Haseli Lewis De Kossett j ' 

Read the Petition of Mrs. Sarah Allen setting forth that the late 
Eleazor Allen Esq' by Patent dated 20* day of Feb'^ 1735 was pos- 
sessed of a Tract of Land on Perdreaux Creek iu New Han' County 
said to Contain 640 acres, that the Pet' apprehends much less land is 
contained within the Bounds of the said Tract than is Granted by the 
said Patent that his Majestys Quit rents have been duly paid for the 
whole G40 acres and praying an Order for a Resurvey so as to have the 
full Complaint made LTp from his Majesties vacant Land adjoining the 
said Tract Granted the order of a Resurvey. 

May the 10'" 1753 

Present His Hon' the President and the same members as yesterday. 

James Carter Esq' Having deposed on Oath in Council that sundry 
persons Under pretence of authority from the surveyor Gen' of South 
Carolina have run out divers Tracts of Land the Property of several! 
persons on the Waxaw iields and parts adjacent within this Province to 
the great Disturbance of their Peace and Quiet 

Ordered that a proclamation be issued to authorize and Command all 
officers Civil aud Military and all Other his Majesties Liege Subjects 
within this Province to apprehend every Offender in the Premises and 
to bring him before the Chief Justice or any of the Associate Justices 
at Newbern or Wilmington to be dealt with according to law 

May the 12"' 

Present His Hon' the President 
f James Murray James In nes \ -p, rs 

\ James Haseli Lewis De Rossett J ^ ' 
Read the Petition of John Brown complaining of being insulted con- 
fined & abused by Thomas Turnbull Esq' one of His Majesties Justices 
of the Peace for the County of Bladen aud praying such Redress as 
should seem meet — the Parties were called iu, their Evidences Exam- 
ined aud their Council heard and it Appears that Notwithstanding the 



34 COLONIAL RECORDS. 



Provocation given hy the Complainant tlie said Magistrate had tliro 
Passion Misbehaved in his office It is therefore the opinion of this 
Board tiiat the said Mr. Turnbnli Onght to be Rejiremanded and en- 
joyned to behave with more Temper and Caution for the fntnre and he 
was call'd in and by his Hon' the President reprimanded and Cautioned 
accordingly. 

Read the Petition of George Moore Esq' setting forth that by Patent 
from the Late Lords Proprietors to the late Roger Moore Esq' the Pef'' 
Father dated tiie 5"* day of August 1727 he (the Pet') now holds a Tract 
of Laud containing 3000 acres in the fork of a Branch of Black River 
now in Duplin County and not being able to trace the lines of the said 
Land as Described in the said Patent prays an order to resurvey the 
same Granted 



At a Council held at Wilmington on the 31°' Day of August 1753 
Present the Honourable Mathew Rowan Esq' President 
( James Murray John Rutherford 
The Hon"°-< James Hasell John Swann VEsq" 



( James lunes Lewis De Rossett 

Read the Petition of John Martinleer for an Order to resurvey the 
Land he lives on Granted 

Read the Petition of William Barns setting forth that his wife haveing 
during his absence retailed Liquors contrary to Law a Bill of Indictment 
had been found against him in the County Court of New Hanover and 
that he being poor as well as Innocent of the said Crime prayed that a 
Nolle prosequi might be Entered in his behalf The case of this Peti- 
tioner being Recommended by the s* Court the Attorney General was 
ordered to Enter a Nolle Prosequi Accordingly. 

Ordered that a Proclamation be Issued to prorogue the General Assem- 
bly to Tuesday November next then to meet at Newbern. 



At a Council held at Newbern on Wednesday the 26"' day of Septem- 
ber 1753 

Present the Hon"° Mathew Rowan Esq' President 
f James Murray .John Swann \„ „ 
1^ .James Hasell John Rieusset j ' ^ 
On Reading the Petition of Alexander Mackay and George Robards 
two warrants for certain interfering Lands between Trentham Creek and 
Duck Branch in Bladen County 

It was ordered that Alexander Mackeys Land be Resurveyed exactly 
square and that In the mean time George Robards Petition for a Patent 
be postponed 



COLONIAL RECORDS. 35 



The Commissioners on the 28"" clay of March last to examine hear and 
Determine concerning the Complaint of the Tuskerora Indians made 
their Report in the following words, 

"Pursnaut to the within Warrants the Parties appeared, and John 
M°Gasky the Defendant confessing that he held a Tract of Land by 
Virtue of a Lease from tlie Indian King ordered and adjudged that the 
Defendant quit his Claim and all pretention to the said Land by Virtue 
of the said Lease, from which Judgment the Defend' appeals Given 
under Our Hands this 21" day of May 1753. 

Signed THOMAS AVHITMELL 

WILLIAM TAYLOR Com" 

Which return being i-ead and the appellant iieard it was Ordered that 

the Judg#ient of the said Commissioners be confirmed and that the said 

Jolin M'Gasky do remove himself and his effects off and from the said 
Indians Lands Accordingly 

At a Council held at Newl)ern on Thursday the 27"' Day of Septem- 
ber 1753 

Present His Hon' the President and the same Members as Yesterday. 

Read and Granted the following Petitions for Resurvey of Land held 
in Craven County. 

Thomas Pollock one Tract of 1500 & another Tract of 2500 acres 
John Devis 238 acres 

James Hasell Esq' produced a Commission from His Honour the 
President for Chief Baron of His Majestys Court of Exchequer and 
took the several] Oaths by Law appointed for the Qualification of Pub- 
lick Officers as also the oath of Chief Baron and subscribed the Declar- 
ation against Transubstantiation. 

Newbern Sep' 28 1753 

Present His Hon' the President and tlie same Members as yesterday. 

Read the Petition of John Stiring setting forth that he Obtained an 
order for a Resurvey of a Tract of Land which he holds by patent 
Granted to Charles Worth Glover dated the 19"" November 1723 that 
by the Return of s" Resurvey it appears that one of the Courses viz So 
60 East and the Distance of the Course viz 130 poles have been entirely 
omitted to be inserted in the said Patent and Record and praying the 
said mistake may be Rectified — Granted and the said Error was in the 
presence of the Councill Rectified botii in the Patent and Record 

Ordered that a Proclamation be Issued to prorogue the Gen' Assem- 
bly to the Third Tuesday in February next then to meet at Wilmington 



36 COLONIAL RECORDS. 



At a Council held at Newbern the 29* day of September 1753. 

Present the Honourable Mathew Rowan Esq"' President 

mi TT hi. f James Murray John Swann "I -r^^,.. 
The Hon"' | j^^^^ jj^^^jj^ j^j^,^ ^.^^^^^^^ | Esq 

The Secretary Represented that a Great Number of Warrants for 
Land have been Executed in his Office and there Remain tiie Warrantees 
neglecting to compleat their Titles; and that many of these Warrantees 
under colour of those warrants, possess or keep vacant great Quantities 
of His Majesties Lands within this Province, eluding thereby the pay- 
ment of his Majestys Quit rents & preventing the fair and equal settle- 
ment of this His Majestys Province for Remedy whereof It was ordered 
that a Proclamation be issued that all Lands described by warrants 
dated Before the 2.5"' day of September 17.52 and now lying in the Sec- 
retarys Office not patented, to be vacant Lands and free to be faken up 
And for the better Discovering all Fraud and Neglect in the premises, 
It was likewise ordered that the Secretary do publish in the Gazette a 
List of the Warrants returned into his Office for which Compleat Pat- 
ents have not been issued distinguishing such warrants as are not yet 
Expired. 



At Rowan the 8"" Day of November 1753 Robert Palmer Esq' pro- 
duced to His Hon' the President a Warrant under the Royall sign Man- 
ual appointing him surveyor General of His Majestys Lands in this 
Province in the Room of George Gould Gent Deced as also Commis- 
sion from the Commissioners of the Customs appointing him Collector 
in the port of Bath in this Province whereupon he the said Robert 
Palmer took the several Oatiis by Law appointed to be taken by Pub- 
lick Officers made and subscribed the Declaration & took the Oaths of 
Office. 



At a Council held at Wilmington on the 15"' day of November 1753 
Present The Honourable Mathew Rowan Esq' President 

r James Murray John Rutherford ~| 
The Hon^'V James Hasell John Swann V Esq" 

( James Innes Lewis De Rossett j 
His Honour the President was pleased to Lay before this board a Let- 
ter to him from the Right Honourable The Earl of Holderness one of 
his Majesty's principall Secretarys of State dated 28"' August 1753 
which was Read in the words following viz' 



COLONIAL RECOEDS. 37 



Whitehall 28'" Au!<iist 1753 
Sm ^ 

His Majesty having received Information of the March of a consid- 
erable number of Indians, not in alliance with the King supported by 
some regular European Troops, intending, as it is apprehended, to com- 
mit some Hostilities on parts of His Majestys Dominions, in America, 
I have the King's Command to send you the Intelligence and direct you 
to use your Utmost Diligence to Learn how far the same may be well 
founded and to put you Upon your Guard, that you may, at all Events, 
be in a Condition to resist any Hostile Attempts that may be made 
Upon any part of his Majestys Dominions within your Government and 
to Direct you in the King's name that in Case the Subjects of any for- 
eign Prince or State should presume to make any Incroachments on the 
Limits of his Majestys Dominions or to Erect forts on His Majestys 
Lands or Commit any Other Act of Hostility, y\)u are Immediately to 
Represent the Injustice of such Proceeding, and to require them forth 
with, to desist from any such unlawful undertaking But if, notwith- 
standing your Requisition they should still persist, you are then to di-aw 
forth the armed force of the Province, and to use your best Endeavours 
to repel Force by Force, But, as it is, His Majestys Determination, not 
to be the Agresor, I have the Kings Commands, most strictly to Enjoyn 
you not to make use of the Armed Force under your Directions except- 
ing within the undoubted Ijimits of his Majestys Dominions 

And whereas it may be Greatly conducive to his Majestys service that 
all his Majestys Provinces in America should be aiding and assisting 
each other, in case of any Invasion, I have it particularly in Charge 
from his Majesty to acquaint you that it is his Royall will and pleasure, 
that you should keep up an Exact CoiTespondence with all his Majestys 
Governours on the Continent, and in case you shall be informed by any 
of them of any Hostile Attempts you are immediately to assemble the 
Generall Assembly within your Governments and lay before them the 
Necessity of a Mutual Assistance, & engage them to grant such supplys 
as the Exigency of Affairs may require I have wrote by this convay- 
ance to all His Majestys Governors to the same purpose. I am Sir your 
most Obedient Humble servant HOLDERNESS 

At a Council held at Wilmington the IT* day of November 1753 
Present the Honourable Mathew Rowan Esq'' President 
James Murray James Innes ^ 

James Hasell Joini Rutherford vEsq" 
Ijewis De Rosset j 

On the motion of Mr. Swann a Commission was issued directed to 
the members of his Majesty's Council and to Samuel Swann and George 



38 COLONIAL RECORDS. 



Moore Esq'' impowering them or the majority of them residing or for the 
time being in the County of New Hanover to call to account all persons 
in whose hands are any of the negroes stores or other Goods belonging 
to a Spanish Privateer blown up before the Town of Brunswick on the 
8"" day of November 1748 or in whose hands any of the moneys due for 
the same is or shall be And sucli moneys &c by themselves or their 
Agent having recieved to distribute one half among the sufferers by the 
Depredations of the Crew of the said Privateer in Brunswick and the 
otlier half among the Captors of the Survivors of the said Crew. 



[B. P. R O. North Carolina. B. T. Voi,. 28.] 

LEGISLATIVE JOURNALS. 

-At an As.sembly begun, and iielil at Newbern the twenty fifth day of 
February, in the year of our Lord one thousand seven hundred and 
forty six and in the twentieth year of the reign of our Sovereign Lord 
George the .second by the grace of God of Great Britain, France and 
Ireland, King Defender of the Faith &c. And continued from thence by 
several prorogations, to the twenty seventh dayof March, one thousand 
seven hundred, and fifty three in the twenty sixth year of liis said Maj- 
estie's reign, and then continued by Adjournments to the twenty ninth 
instant. 

Tluirsday March 29"" 1753. In tiie Upper House. 
Present, 
r James Murray Francis Corbin ~| 
Tlic Hon^V James Hasell James Craven > Esq'" Members. 
(James Innes Lewis De Rosset j 
The honourable Mathew Rowan Esq" President came to tiiis House, 
and sent a message to the Lower House, commanding their immediate 
attendance. 

Whereupon the Speaker attended by the Lower House, waited on his 
Honour in the Council Chamber, when his Honour made the following 
speech to both Houses 

Gentlemen of His Majesty's Council, Mr. Speaker and Gen- 
tlemen OF THE Assembly, 
I have received a late Instruction from their Excellencies the Lord 

Justices, enjoining a revisal of our Laws. I will order tiie Instrnctit)n, 



COLONIAL RECORDS. 39 



aud the other papers transmitted witli it, to lie laid Ijefore you, for your 
consideration. 

Yon are all well acquainted Gentlemen, with the Interests of this 
Province, and I am persuaded, from long experience, of your hearty 
disposition, to promote them : You may depend on my coneurrance in 
every thing, that is for the good of the Country, and consistent with his 
Maj''°' royal Instructions. 

Then His Honour withdrew from the House. 

This Board was pleased to take under their consideration. His Hon- 
our's Speech and ordered the same to be read, which accordingly was; 
aud the Honourable .lames Hasell and .James Craven Esq" two of the 
Members of this Board, were appointed a Committee to answer the 
same. 

Then the House adjourned till 3 o'clock in theafternoon. 

The House met according to Adjournment. 
Present 
r James Hasell James Craven ~| 
The Hon"''<' James Innes Lewis De Rosset VEsq'" Members. 
( Francis Corbiu j 

Mr. Brice Brought up the following message, to wit, 

Gentlemex of His Ma.jestie's Hon"" Council, 

This House have appointed the following Gentlemen Committee on the 
publick Accounts, and Claims (viz.) Mr. Ormond, Mr. Vail, Mr. Kear- 
ney, Mr. Washington and Mr. Ashe, on the publick accounts, Mr. Star- 
key, Mr. Haywood, Mr. Barrow, Mr. Lovick, Mr. Sinclare, INIr. Howell 
and Mr. Sampson on the claims in conjunction with such Members of 
your House, as your Honours shall think iit. 

By order SAM. SWANN. Speaker. 

March 29* 1753. 

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

Friday March 30"" The House met according to Adjournment. 
Present 

i James Murray James Craven "| 
James Hasell Lewis De Rosset > Esq" Members. 
James Innes J 

This House taking under their consideration the message brought from 
the Lower House, were pleased to order the following message to be sent, 
(to wit.) 



40 COLONIAL RECORDS. 



Mr. Speaker & Gentlemen, 

This House taking under their eousicleration the message of yesterday 
relative to the Appoiutment of the Committees, of publick Accouuts, & 
Claims, have thought fit to appoint the following Gentlemen, in conjunc- 
tion with those of yours (to wit) The honourable James Hasell and James 
Innes Esq" on the Claims, aud the honourable Francis Corbiu, James 
Craven and Lewis De Rosset Esq" on the publick accounts. 

The gentlemen appointed by this Board to draw up an address to the 
honourable the President's speech, reported the same; which was ordered 
to be read, and being approved of was ordered to be engrossed. 

Then His Honour came to this Board, and the honourable James 
Murray Esq" presented him with the said Address which is in the fol- 
lowing words (to wit) 

To the Hon""'' Mathew Rowan Esq" President & Commander in Chief 

in and over His Majesty's Province of North Carolina. 

The humble Address of His Majesty's Council for the said Province. 

We, His Majesty's most dutyful and loyal subjects, the Members of 
His Majestie's Council for this Province, return your Honour our sincere 
thanks for the favourable opinion yon have been pleased to express, of 
our dispositions, to promote the interest of this Government; which we 
always shall endeavour to preserve. 

When the Instruction enjoyning the revisal of our Laws, with the 
other papers' transmitted to your Honour, by their Excellencies the 
Lords Justices, shall be laid before us, we will take the same under our 
immediate consideration. 

As you, Sir, have had a great share, in whatever services have been 
done the publick, for many years past, we have the greatest reason to 
believe, you will make the best use of your authority, for the good of the 
community, consistent with His Majesty's royal Instructions, and we on 
our parts, shall most cheerfully concur with your Plonour, aiid the Gen- 
eral Assembly, in every purpose conducive to the welfare of this Prov- 
ince, agreable to His Majestie's direction. 

By order JAMES MURRAY. 

Mr. Barrow & Mr. Dickson Brought up the following Bill. 
A Bill to prevent excessive & deceitful Gaining &c. In the General 
Assembly read the first time & passed. 

Then the House adjourned till 4 o'clock in the afternoon. 



COLONIAL RECORDS. 41 



The House met according to Afljoiirument. 
Present 

{James Hasell James Craven ~| 
James Innes Lewis De Rosset VEsq" Members 
Francis Corbin j 

The Bill to prevent excessive and deceitfiill gaming &c. In the 
Upper House read the first time & passed. 

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

Saturday March 31°' The House met according to Adjournment. 
Present 

{James Hasell James Craven ^ 
James Innes Lewis De Rosset VEsq" Members 
Francis Corbin j 

Mr. Washington & Mr. Dickson Brought up tiie following Bills 
(to wit) 

The Bill to prevent excessive & deceitful! gaming &c. In the Gen- 
eral Assembly read the second time & pas.sed with amendments. 

The Bill for an Act for an Amendment of an Act intituled an Act 
for dividing part of Granville, Johnston and Bladen Counties, into a 
County and Parish, by the name of Orange County and the Parish of 
S' Mathew, and for appointing vestrymen, for the said Parish, and other 
purposes therein mentioned, &c. In the General"Assembly read the first 
time & passed. In this House read the first time and pass'd. 
Then the House adjourned till Monday morning 9 o'clock. 

Monday April 2"'' The House met according to Adjournment. 
Present 
('James Murray James Craven ^ 

rri 1 bie James Hasell Lewis De Rosset -c, „ -.^ , 
rhehon"'"- ^ t t u ij- * > Esq" Members, 

j James innes John Kieusset '■ 

[^ Francis Corbin J 

This day John Devis produced his Commission ft)r Clerk of the Upper 
House in the place of Richard Lovitt deceas'd, and took the oath of 
Office &c. 

Mr. Ashe & Mr. Dickson Brought up the following Bills (to wit) 

A Bill to revive and continue a clause in an Act of the General Assem- 
bly of this Province, intituled an Act to fix a place for the seat of Gov- 
ernment, and for keeping Offices, for appointing circuit Courts, and 
defraying the expenses thereof, also for establishing the Courts of Jus- 
tice (fee. 

A Bill to appoint a Town on the East side of the North East branch 
of Cape Fear in New Hanover County, at the place called the Sand Hill, 
and to appoint Inspectors, other purposes therein mentioned &c. 



42 COLONIAL EECORDS. 



A Bill to relieve such persons tiiat have or may suffer by the loss of 
the records in Onslow County &c. 

In the General Assembly read the said Bills the first time and pass'd. 
In this House read the first time and pass'd. 

Mr. Howell & Mr. Robinson Brought up the following Bill 

A Bill, for an Act appointing, and laying out a Town on the land of 
John Jenkins, on the south side of Pedee River, in Anson County, and 
establishing two Fairs, to be annually; and other purposes therein men- 
tioned. In the General Assembly read the first time & pass'd. In this 
House read the first time & pass'd. 

Mr. Dickson & Mr. Barrow Brought up the following Bill (to wit) 

A Bill for an Act, for amendment of an Act, intituled an Act,' for 
dividing part of Granville County &c. In the General Assembly read 
the second time & pass'dT 

Then the House adjourned till 3 o'clock iu the afternoon. 

The House met according to Adjournment. 
Present 
r James Murray James Craven 'J 
The hon"°< James Innes Lewis De Rosset >Esq" Members. 

( Francis Corbin John Rieusset j 
Tlien the House adjourned till to morrow morning 9 o'clock. 

Tuesday April 3'* The House met according to Adjournment. 
Present 
rjames Murray James Craven ~) 

rni I Ma James Hasell Lewis De Rosset ! ■p^„„ i.t„„ ■ 

The hon''"^ t t t i r>- ^ ,Lsq" Members. 

James Innes John Rieusset ' ^ 



1^ Francis Corbin 

Mr. Yail & Mr. Bartram Brought up the following Bills 

A Bill to alter and amend an Actj'intituled an Act for licenceing Ped- 
lars, Traders and petty Chapmen, & grantigg to His Majesty an impost, 
or duty on Goods, wares and Merchandize to raise supplies for the neces- 
sary charges of Government &c. 

A Bill for an additional Act concerning servants & slaves &c. 

Also the Bill directing the examination & admission of persons, here- 
after to be admitted to plead or [iractice the Law in this Province &c. 

In the General Assembly read the said Bills the first time and ])ass'd. 

The Bill to prevent excessive & deceitfidl gaming &c. In this House 
read the second time and pass'd with Amendments. 

The Bill directing the examination, and admission of Persons hereafter 
to be admitted to plead or practise the Law &c. In this House read the 
first time & pass'd. 



COLONIAL RECORDS. 43 



Theu the House adjourned till 3 o'clock in the afternoon. 

The House met according to Adjournment. 
Present 
( James Hasell James Craven I 
The hon^V James Inues Lewis De Rosset VEsq" Members. 

( Francis Corbin John Rieusset j 
The Bill for an additional Act, concerning servants and slaves &c. 
Also the Bill to alter and amend an Act, intituled an Act, for licence- 
ing Pedlars &c. 

In this House read the said Bills, the first time and pass'd. 
Then the House adjourned till to morrow morning 9 o'clock. 

Wednesday April 4"' The House met according to Adjonrnment. 
Present 
C James Murray James Craven ^ 

m, , H„ James Hasell Lewis De Rosset t^ m at i 
The hon"' r y t i tj- ^ r ^sq" Members. 

James Innes .John Rieusset '■ 

[^ Francis Corbin j 

Mr. Berron & Mr. Washington Brought up the f(jllowing Bills (to wit) 

The Bill to appoint a Town, on the North East Branch of Cape Fear 
river &c. In the General Assembly read the second time, and pass'd 
with Amendments. 

The Bill to relieve such persons that have, or may suffer by the loss of 
the Records in Onslow County &c. In the General Assembly read the 
second time & passed with amendments. 

The Bill for an Act to revive & continue a Clause in an Act, intituled 
an Act to fix a place for the seat of Government &c. In the General 
Assembly read the second time & passed with amendments. 

Also the Bill for appointing and laying out a Town on the land of 
John Jenkins, on tlie south side of Pedee River &c. In the General 
Assembly read the second time and passed with Amendments. 

The Bill to revive & continue a clause in an Act, intituled an Act to 
fi.\ a jiiace for the seat of Government &c. In this House read the 
second time & passed. 

The Bill for an amendment of an Act, intituled an Act for dividing 
part of Granville &c. In this House read the second time and passed 
with Amendments. 

The Bill to relieve such persons, that have or may suffer by tiie loss of 
the Records in Onslow County &c. In this House read the second time 
and passed witii Amendments. 

The Bill to appoint a Town on the North East Branch of Cape Fear 
River &c. In this House read the second time and passed with Amend- 
ments. 



44 COLONIAL RECORDS. 



Mr. Berron & Mr. Bartram Brought up the following Bill 

The Bill for an Act for erecting a County, and Parish, on the Head of 
Anson County &c. In the General Assembly read the first time & pass'd. 

Mr. Berron & Mr. Washington Brought up a Bill for laying out a 
Town on the land of John Jenkins on the south side of Pedee River &c. 
In the General Assembly read the second time & passed with amend- 
ments. 

Mr. Starkey & Mr. Ashe Brought up the following Bill (to wit) 

A Bill for granting to His Majesty the sume of Proclamation 

money, and for stamping and emitting the said sume of Publiek 

Bills of Credit of this Province at the rate of Proclamation money to 
supply the Treasury and for making proper provision foi' defraying the 
contingent charges of government, and for making copper halfpence cur- 
rent in this Province &c. In the General Assembly read the first time 
& passed. 

Mr. Dickson & Mr. Washington Brought up the Bill to prevent 
excessive aud deceitfnll gaming &c: In the General Assembly read the 
third time and pass'd with amendments. 

Then the House adjourned till .3 o'clock in the afternoon. 

The House met according to Adjournment. 
Present 

{James Hasell James Craven ~) 
James Innes Lewis De Rosset > Esq" Members. 

Francis Corbin John Rieusset j 
The Bill for granting to His Majesty the sum of Proclamation 

money, and for stamping and emitting the said sum of Publiek 

Bills of Credit &c. In this House read the first time and passed. 

The Bill for appointing and laying out a Town, on the Land of John 
Jenkins on the south side of Pedee River &c. In this House read the 
second time and passed with amendments. 

The Bill to prevent excessive & deceitful gaming &c. In the Upper 
House read the third time and pass'd. Ordered that the same be sent 
down and engrossed. 

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

Thursday April 5"' The House met according to Adjournment. 
Present 
C James Murray Francis Corbin ^ 

rr.L 1 bie JaffiBS Hascll James Craven tt. rs a/t i 

The hon"' ■{ -, y T-rvT?+r ^^^l Members. 

James Innes Liewis Ue Kosset ' 

(^ John Rutherford John Rieusset J 



COLONIAL RECORDS. 45 



Mr. Ashe & Mr. Bartram Brought up the Bill for an additional Act, 
concerning servants and slaves. In the General Assembly read the second 
time & pass'd with amendments. 

Likewise the Bill directing the examination & admission of persons 
hereafter to be admitted to plead &c. In the General Assembly read tlic 
second time and pass'd with amendments. 

Also the Bill to alter and amend an Act intituled an Act for licenceing 
pedlars &c. In the General Assembly read the second time and pa.ssed. 

Then the House adjourned till 3 o'clock in the afternoon. 

Tiie House met according to Adjournment. 
Present 
C .lames Murray John Rutherford ~| 
The hou'''=< James Hasell Francis Corbin VEsq" Members. 
( James Innes ,Iohn Rieusset ) 

Mr. Haywood & Mr. Starkey Brought up the following Bills (to wit) 

The Bill to appoint a Town on the North East branch of Cape Fear 
River &c. 

The Bill for an Act to revive and continue a clause in an Act intituled 
an Act to fix a place for the seat of Government &c. 

In the General Assembly read the said Bills the third time and passed. 

Likewise the Bill to relieve such persons, that have or may suffer by 
the loss of Records &c. 

And also the Bill for an amendment of an Act intituled an Act for 
dividing part of Granville &c. 

In the General Assembly read the two said Bills the third time and 
passed with amendments. 

The Bill to revive and continue a clause in an Act intituled an Act to 
fix the seat of Government. In this House read the third time and 
pass'd. Ordered the same to be sent down and engrossed. 

Then the House adjourned till to morrow morning 9 o'clock. 

Fryday April ti"' The House met according to Adjournment. 
Present 
r James Murray Francis Corbin ^ 

rri 1 bu James Hasell Lewis De Rosset I T7.,„rs a^„„,l„^ 

The hon"" ■[ j j tit?- ,- i ^^ Members. 

' James Innes John Kieusset ' ^ 



John Rutherford 
Mr. Ashe & Mr. Sampson Brought up the following Bills (to wit) 
The Bill for prohibiting the exportation of Grain, in the time of 

scarcity &c. In the General Assembly read the first time & passed. In 

this House read the first time and passed. 

The Bill for an additional Act concerning servants and slaves &c. In 

this House read the second time and passed with amendments. 



46 COLONIAL RECORDS. 



Ou reading the Bill to appoint a Town on the North East branch of 
Cape Fear River &c. And also the Bill to alter and amend an Act inti- 
tuled an Act for licenceing Pedlars &c. This Board were pleased to order 
the above said two Bills to lye on the Table. 

The Bill directing the examination and admission of persons hereafter 
to be admitted to plead. In this House read the second time and passed 
with Amendments. 

The Bill for an amendment of an Act, intitided an Act for dividing 
part of Granville &c. In the Upper House read tlie tiiird time and 
passed. 

Ordered to be sent down and engrossed. 

Mr. Ashe & Mr. Sampson Brought up the Bill to erect a Town on 
Core Banks near Ocacock inlet &c. In the General Assembly read the 
first tinie & passed. 

Mr. Dickson & Mr. Robinson Brought up the two following Bills 
(to wit) 

The Bill for an Act, for erecting a County and Parish on the Head 
of Anson County &c. In the General Assembly read the second time, 
and pass'd with amendments. 

The Bill for apjfointing and laying out a town on the land of John 
Jenkins, on the south side of Pedee River &c. In the General Assem- 
bly read the third time & j)assed with amendments. 

This Board, on reading the Bill to relieve such persons, that have, or 
may suffer by the loss of the records &c, the third time, were pleased 
to send to the Lower House the following Message, to wit. 

Mr. Speaker & Gentlemen &c. 

In the conclusion of the last clause of the Bill, to relieve such per- 
sons that have, or may suffer by the loss of the Records in Onslow 
County, there is no time limitted for the building the Court House, nor 
the place mentioned where such Court House should be built. We there- 
fore desire to know if you will consent to the following amendment, 
otherwise we cannot pass the Bill : (In the town of Johnston ; and the 
same shall be built within two years, from the passing hereof) if your 
House approve of such amendment, we desire yon would send two of 
your Members to see the same incerted in the Bill. 

Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to Adjournment. 



COLONIAL RECORDS. 47 



Present 
r James ISIiirray Francis Corbin ^ 

rrM 1 M„ James Hasell Lewis De Rosset I t-' r« ^r i 
The hoii • T T T 1 T>- i. , Lsn" Memiiers. 

James Iniies John Kieusset ' 

(^ Jolin Rutiierford J 

Mr. Starkey & Mr. Bell Brought up the following Message 

Gentlemen of His Ma.jesties Honourable Council 

In answer to your message regarding tiie amendment you propcse in 
the Bill, to relieve such persons that have, or may suffer by the loss of 
the Records in Onslow County; we agree to the said amendment, and 
have sent Mr. Starkey & Mr. Bell two of the members of this House to 
see the same made. By Order. 

April 6'" 1753. SAM. SWANN. Speaker. 

Mr. Starkey and Mr. Bell in pursuance of the above message came 
up to this House, and saw the amendment made, in the Bill to relieve 
such persons that have, or may suffer by the loss of the Records in 
Onslow County. Whereupon the said Bill passed the third time upon the 
said amendment. And ordered that the same be sent down and engross'd 

Then the House adjourned till to morrow morning 9 o'clock. 

Saturday April T* The House met according to Adjournment. 
Present 

{James Murray Francis Corbin ^ 
James Junes Lewis De Rosset ^Esq" Members. 

John Rutherford John Rieusset j 

Mr. Sampson and Mr. Brice Brougiit up the Bill to prohibit the ex- 
portatiou of Grain &c. In the General Assembly read tiie second time 
& passed with amendments. 

This Board was pleased to order the Bill to erect a- Town on Core 
Banks, near Ocacock Inlet to be read, wliich was accordingly read the 
first time & passed. 

In the LTpper House read the Bill to prohibit the exportation of Grain 
&c. The second time, & passed with amendments. 

The Bill for an Act, for etectiug a County and Parish, on the Head of 
Auson C(junty &c. In this House read the second time, and passed with 
amendments. 

Then the House adjourned till 3 o'clock in tlie afternoon. 

The House met according to Adjournment. 
Present 

{James Murray John Rutherford "j 
James Hasell Francis Corbin V Esq" Members. 
James Inues Lewis De Rosset j 



48 COLONIAL RECOKDS. 



Mr. Calef & Mr. Brice Brought up tlie following Bills (to wit) 

The Bill to prohibit the exportation of Grain &c. In the Lower 
House read the third time and passed. 

The Bill to erect a Town on Core Banks &c. In the Lower House 
read the second time and passed with amendments. 

The Bill for an Act for erecting a County and Parish &c. In the 
Lower House read the third time and passed with amendments. 

The Bill for an additional Act, concerning servants and slaves &c. In 
the Lower House read the third time and passed. 

The Bill directing the examination and admission of Persons hereafter 
to be admitted to plead &c. In the Lower House read the third time and 
passed with amendments. 

The' Bill for an additional Act, concerning servants and slaves &c. In 
the Upper House read the third time & passed. Ordered the same to be 
sent down and engrossed. 

The Bill for prohibiting the exportation of Grain &c. In the Upper 
House read the third time and passed. Ordered the same to be sent down 
and engrossed. 

Then the House adjourned till Monday morning 9 o'clock. 

Monday April 9* The House met according to Adjournment. 
Present 
r James Murray Francis Corbin "| 
The hon"V James Innes Lewis De Rosset VEsq" Members. 

• (John Rutherford John Rieusset J 

This honourable Board, on reading the Bill, for an Act, for erecting a 
County, and Parish, on the head of Anson County <fcc. were pleased to 
send the following message, (to wit) 

Mr. Speaker and Gentlemen &c. 

We observe, that in the Bill, for an Act, for erecting the upper part of 
Ansou County, into a County, and Parish, by the name of Rowan County, 
and S' Luke's Parish, and for appointing a place, for holding a Court, 
in the said County, you have dele'^ the bounds that we had incerted 
in the Bill, together with the names of George Smith and Jonathan Hunt; 
in lieu thereof, have added others. We therefore propose the following 
amendments, (to wit) That Anson County be divided by a line beginning 
where Anson line was to cross Earl Granville's Line, and from thence in 
a direct line north, to the Virginia line, and that the said County be 
bounded to the north by the Virginia Line and to the south by the 
southern line of Earle Granville's line. And also the names of George 
Smith, and Jonathan Hunt be incerted. If you agree to the above 



COLONIAL RECORDS. 49 



anieii(lment.s send two MomhtTs of your House, to see tlie same incerted ; 
and the Bounds you liad mentioned for the County, and names of George 
Ellison and Robert Simington deleft; upon which shall pass the Bill. 

The Bill to alter and amend an Act, intituled an Act for licenceing 
Pedlars &c. In this House read the second time and passed. 

On reading the Bill directing the examination, ami admission of persons 
hereafter to be admitted to plead &c. This House was pleased to send the 
following naessage (to wit) 

Mr. Speaker & Gejsti.emen &c. 

We observe that in the Bill, directing the examination, and admission 
of persons hereafter to be admitted to plead and practice the Law in this 
Province, your House has thought fit to dele the following clause And 
if any Attorney shall act contrary to his duty, the Governor and not less 
thau five of the Council upon complaint and proof thereof made before 
them, may supersede such Attornie's licence, and suspend him for a time, 
or disable him 'for ever, as they shall think just. 

We apprehend that if complaint against practicers of the Law, are 
not to continue to be cognizable before the Commander in chief in Coun- 
cil, where complaints against all Officers in the Province are cognizable, 
and by whom they may be suspended ; it will be difficult, if not im])rac- 
ticable for his Majesty's subjects to have relief against the misdemeanours 
of the Gentlemen of that profession. We therefore cannot recede from 
our Amendment, but desire your concurrence, which if your House agrees 
to, please to send two of vour members to see the same doue. 

The Bill to appoint a Town on the North East branch of Cape Fear 
&c. being put to the vote by this Board, whether it should be read the 
third time, was rejected. 

Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to adjournment. 
Present 
( .James Murray Francis Corbin ^ 
The hon""-; James Innes Lewis De Rosset vEsq" Members. 

(John Rutherford John Rieusset j 
The Bill for appointing and laying out a Town on the Land of .John 
Jenkins &c. lu the Upper House read the third time and rejected. 

The Bill, to erect a Town on Core Banks &c. In this House read the 
second time, and passed with Amendments. 

Mr. Starkey & Mr. Sampson Brought up the followiug message 
(to wit) 

Vol. 5—3 



50 COLONIAL RECOIIDS. 



Gentlemen of His Majestie's Honourable Council, 

In the General Assembly, the above message in relation to a Bill for 
an Act, for erecting a County and Parish on the Head of Anson County 
&c. concurred with, and have sent Mr. Starkey and Mr. Sampson two of 
the Members of this House, to see the proposed amendments made. 

By order. SAM. SWANN, Speaker. 

Mr. Starkey & Mr. Sampson in pursuance of the above message came 
to this House and saw the Amendments made. Whereupon the said 
Bill passed the third time on the said amendments. And ordered the same 
to be sent down and engrossed. 

Then the House adjourned till to morrow morning 9 o'clock. 

Tuesday April 10"' The House met according to Adjournment. 
Present 
r James Murray Francis Corbin ~j 

The hon""-/ James Innes Lewis De Rosset VEsq''' Members. 

(^John Rutherford John Rieusset J 

Mr. Bartram & Mr. Sampson Brought up the following Bills (to wit.) 

The Bill, to alter and amend an Act, intituled an Act, for licenceing 
Pedlars &c. In the Lower House read the third time and passed with 
Amendments. 

Also the Bill to erect a Town on Core banks, near Ocacock Inlet &c. 
In the Lower House read the third time and pass'd with amendments. 

The Bill to erect a Town, on Core Banks, near Ocacock Inlet &c. In 
the Upper House read the third time and pass'd. Ordered to be sent 
down and engrossed. 

Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to adjournment. 
Present 

{James Murray Lewis De Rosset ^ 
James Innes John Rieusset > Esq" Members. 
John Rutiierford J 

The reports of the Committees of Publick accounts and publick claims, 
being duly examined, were sent down, concurred with. 

Then the House adjourned till to morrow morning 9 o'clock 

Wednesday April 11* The House met according to Adjournment. 
Present 
James Murray Lewis De Rosset '\ 
The hon"^<J James Innes John Rieusset vEsq" Members. 
John Rutherford j 



COLONIAL RECORDS. 61 



Mr. Starkey & Mr. Ashe Brought up the subsequent resolves. 

GentIjEmen of His Ma.iestie's Honourable CouNfii., 

We observe by the reports of the Committee of accounts that there is 
in the hands of John Starivey Esq" Treasurer of the Soutlicrn District, 
the sum of seventy seven pounds, eight shillings and seven pence, Proc- 
lamation Bills, which he received for Powder money, which is unapplyed. 
Therefore this House have resolved, that the said Treasurer out of the 
said £77. 8. 7''. pay the expences of the Committees, and the Officers of 
both Houses, this Session of Assembly ; and that the remainder, together 
with what powder money, the Treasurers may receive from the former 
receivers of the powder money, arising in the several Ports of this Prov- 
ince not otherwise applyed, and the money arising by the Import Duty 
on Wine &c, be applyed, and paid by the said Treasurers, towards dis- 
charging the publick Debts, allowed by the General Assembly to the 
Claimant, or Claimants producing a certificate of such allowance, and 
an order, or warrant thereon, from the Commander in Chief, for the 
time being; to which we desire your Honour's concurrence. 

April 10* 1753. By order. SAM: SWANN. Speaker. 

Gentlemen of His Majestie'h honourable Council, 

The Chairman of the Publick Accounts having reported to this House, 
that he hath received the sum of j£739. 6' 8'' f Proclamation Bills, and 
also the Chairman of the Committee of Publick Claims having reported 
that he hath received the sum of £160. 19". 6*. old Bills, by the way of 
Claims, both which sums are for the sinking fund, and by law ought to 
be burned, 

• Therefore this House 'have appointed a Committee of the whole House 
in conjunction, with such of your Honours, as you shall think fit to see 
the same burnt to morrow 12 o'clock. 

By Order. SAM : SWANN. Speaker. 

This House on reading the message regarding the burning of the 
Bills, thought fit, on considering the same, to send the following message : 

Mr.' Speaker & Gentlemen &c. 

This House, agreable to your mes.sage, of yesterday, relating to the 
new and old Bills, to be burnt this Session, will immediately, on notice 
of your being ready, resolve themselves into a Committee of the whole 
House on that service. 

Then the House adjourned till .3 o'clock in the afternoon. 



52 COLONIAL RECOEDS. 



Tlie House met according to Adjournment. 
Present 
r James Murray Francis Corbin ^ 
The hon'''°< James Innes John Rieusset VEsq"'^ Members. 
( Joiin Rutherford J 

The Message of yesterday, relative to the expences of the Committee.s, 
and the Officers of both Houses, sent down concurred with. 

This honourable Board having thought it absolutely necessary to 
examine the Bills, which passed both Houses, this Session, sent the fol- 
lowing Message, to wit. 

Mr. Speaker & Gentlemen &c. 

If the Bills which pass'd both Houses, this Session, are engrossed, we 
think it necessary they should be examined as usual, by a Committee of 
l)oth Houses, and have appointed the honourable Francis Corbin and 
John Rieusset Esq", a Committee of this House, to join a Committee of 
your House, for that pur])ose. 

Then the House adjoui-ned 'till to morrow morning 9 o'clock. 

Thursday April 12"". The House met according to Adjourimient. 
Present 
( James Murray Francis Corbin "j 
The hon'''''-^ James Innes Lewis De Rosset > Esq" Members. 

( John Rutherford John Rieusset ) 
This honourable Board were ]ileased to send the following Message, 
(to wit.) 

Mr. Speaker & Gentlemen, 

We herewith send you the estimate of the wages, &c. due to the Mem- 
bers, and Officers &c. of this House, for the present Session, amonnting 
to one hundred pounds, five shillings and four jience Proclamation; to 
which we desire your concurrence. 

Mr. Barrow and Mr. Bell l)ronght up the estimate of wages &c. due 
to the Members and Officers &c. of this House concurred with ; and 
likewise the following Message (to wit.) 

Gentlemen of his Ma-jf^^tie's honourable Councii,, 

We herewith send you the estimate of the allowances due, and paya- 
ble to the Members of this House, clerk and other Officers thereof, this 
present session, for yotir concurrence. 



COLONIAL KECOUDS. 63 



The above Message concurred with, and the estimate sent down to tlie 
Lower House. 

Then the honourable Mathew Rowan Esq" catne to this Board, and 
ordered the immediate attendance of tlie Lower House. 

Whereupon the Speaker attended by the Lower House, waited on his 
Honour in the Council C'hamber, & presented to his Honour the subse- 
(juent Bills. 

An additional Act to an Act, concerning servants and slaves etc. 

An Act, for appointing and laying out a Town on Core Banks &v. 

An Act, to revive and continue a clause in an Act, of this Province, 
intituled an Act to fix a place for the seat of Government &c. 

An Act, to relieve such Persons, that have, or may suffer by the loss 
of the Records in Onslow County &c. 

An Act, to prohibit the exportation of Grain &c. 

An Act, for erecting the upper part of Anson County, into a County 
and Parish &c. 

An Act, to amend an Act intituled an Act for dividing part of Gran- 
ville, Johnston and Bladen Counties, into a County and Parish &i: 

An Act to prevent excessive & deceitful gaming &c. 

To all which his Honour was pleased to give his assent. And then 
was pleased to prorogue the Assembly to the fourth Tuesday in Septem- 
ber next : to be held at New Bern. 



North Carolina — ss. 

In the Lower House, Wednesday March 28, 1753, to y« 12'" April 1753. 

Mr. John Barrow, one of the Members of this House for Beaufort 
County appeared, and took his seat in the House. 

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

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

Thursday, March 29, 1753. The House met according to Adjourn- 
njent. 

Mr. Francis Brice, one of the Members of this House, for Duplin 
County, and Mr. Caleb Howell, one of the Members for Anson County 
appeared, and took their seats. 

The Clerk of the Crown having certified that Mr. Jeremiah Vail was 
returned, duly elected Representative for Newbern Town and Mr. Jo- 
siah Dickson, and Mr. Mark Morgan, were duly elected Representatives 
for Orange County, pursuant to the Wr'ts for that purpose issued. 

Pursuant to which Elections and Returns, Mr. Jeremiah Vail, the 



54 COLONIAL RECORDS. 



Representative for Newbern Town, and Mr. Josiah Dickson, one of the 
Representatives for Orange County appeared, took the Oaths by Law 
appointed for their Qualification, subscribed the Test, and took their 
Seats in the House accordingly. 

His Honour the President sent a Message to this House, requiring the 
immediate Attendance thereof in the Council Chamber. 

The House in a full Body waited on His Honour the President in the 
Council Chamber, where His Honour was pleased to Deliver the follow- 
ing Speech. 

The House returned and ordered the same to be Read. Read the 
same. 

Ordered, That the same be entered on the Journals of the House. 

The same is entered, and is as follows, Viz' 

Gentlemen of his Majestys Council, Mr. Speaker, and Gen- 
tlemen OF THE Assembly. 

I have received a late Instruction from their Excellencies the Lords 
.Justices, injoining a Revisal of our I^aws; I will Order the Instruction 
and the other Papers transmitted with it, to be laid before you for your 
Consideration You_are well acquainted. Gentlemen, with the Interest 
of this Province, and I am persuaded, from long experience, of your 
hearty Disposition to promote them ; You may depend on my Concur- 
rence in everything that is for the good of the Country, and consistant 
with His Majesty's Royal Instructions. 

Mr. Ormond, Mr. Sinclare, and Mr. Starkey, are appointed a Com- 
mittee, to prepare an Address in Answer to His Honour the President 
his Speech to this House, and report the same to the House for Appro- 
bation. 

Mr. Ormond moved. That a Committee be appointed to state and set- 
tle the Publick Accompts of this Province; and Mr. Ormond, Mr. Vail, 
Mr. Kearney, Mr. Washington, and Mr. Ash, were accordingly ap- 
pointed. 

Mr. Ormond moved. That a Committee be appointed, to examine 
and allow Publick Claims, and Mr. Starkey, Mr. Lovick, Mr. Hay- 
wood, Mr. Sinclare, Mr. Barrow, Mr. Howell and Mr. Sampson, were 
accordingly appointed. 

Ordered, The following Message be sent to His Majesty's honourable 
Council, Viz' 

Gentlemen of His Majesty's Honourable Council. 

"This House have appointed the following Gentlemen Committees on 
"the Publick Accompts and Claims, viz, Mr. Ormond, Mr. Vail, Mr. 



COLONIAL RECORDS. 55 



"Kearney, Mr. Washington, and Mr. Ash, on the Accompts; and Mr. 
"Starkey, Mr. Lovick, Mr. Haywood, Mr. Sinclare, Mr. Barrow, Mr. 
"Howell, and Mr. Sampson, on the Accompts, in Conjunction with such 
"Members of your House, as your Honours shall think fitt. 

Sent by Mr. Brice and Mr. Kearney. 

Mr. Starkey moved. That a Committee of Propositions and Griev- 
ances be appointed, and Mr. Washington, Mr. Dickson, Mr. Brice, Mr. 
Ash and Mr. Joseph Bell, are accordingly appointed. 

The House adjourned till Four o'clock afternoon. 

P. M. The House met according to Adjournment. 

Mr. Ormond from the Committee appointed to prepare an Address to 
his Honour the President, in Answer to His Speech this day delivered to 
this House, reported, That the said Committee had prepared the same, 
which he produced to this House, and read the same in his place. 

The House was pleased to approve of the same, and ordered it to be 
Engrossed. 

The same is Engrossed, and is as follows, viz. 

To the Honourable Mathew Rowan Esq : President and Commander in 
Chief, in and over the Province of North-Carolina. 
The Humble Address of the General Assembly of the s" Province. 

May it please your Honour, 

We his Majesty's most dutiful and loyal Subjects, the General Assem- 
bly of this Province met at Newbern, beg leave to return your Honour 
our sincere and hearty thanks for your Speech yesterday Delivered, and 
assure your Honour, that as we have the good of this Province very much 
at Heart; we will readily join in everything that may tend to the Set- 
tlement and Happiness thereof, in which we doubt not of your Honours 
ready Concurrence and the thorough knowledge which your Honour has 
of the present state of this Government, join'd with your Management 
and Care for the good thereof, gives us the greatest reason to expect all 
the Assistance in your Power for that Salutary End. 

We thank your Honour for the Confidence you repose in our Knowl- 
edge of the Provincial Interest, and of our ready Disposition to promote 
the Publick good ; and from the Duty we owe to our King and Country, 
your Honour may Depend upon everything in our Power towards Es- 
tablishing the same upon a solid and lasting Foundation ; and so soon 
as your Honour shall be pleased to lay before us the Instruction con- 
cerning the Revisal of our Laws, and other Papers transmitted from their 



56 COLONIAL RECORDS. 



Excellencies the Lords Justices, this House will take the same iindei* 
Immediate Consideration, and such other matters as may seem Nec- 
essary. 

And as we are fully assured of your Honours ready Concurrence and 
Assistance therein, we shall use our utmost Endeavours to do everything 
consistant with our Duty to His Majesty, and the Welfare of this 
Colony. 

Mr. Ormond moved, that the absent Members, to wit, Mr. John Smith 
and Mr. .John Herring, for Johnston County ; Mr. James Mackilwean, for 
Craven County; Mr. William Houston for Duplin County; Mr. .Joseph 
Clark, and Mr. William Bartram, for Bladen County, Mr. Charles 
Robinson for Anson County; Mr. William Eaton and Mr. Robert Har- 
ris, for Granville County, be sent for in Custody of the Messenger. 

Resolved, that the above said Members be sent for in Custody, and 
that Mr. Speaker issue his Warrant accordingly. 

Mr. Dickson moved for leave to bring in a Bill for amending an Act, 
for dividing Part of Johnston, Granville, and Bladen Counties, into a 
County and Parish by the name of Orange County, and the Parish of 
S' Matthew, and for appointing Vestrymen for the said Parish and other 
Purposes therein mentioned. 

Ordered, that he have Leave, and that he prepare and bring in the 
same. 

The Hpuse adjourned 'till to-morrow morning Nine O'clock. 

Fryday, March SO"* 1753. The House met according to adjournment. 

Ordered, That Mr. Ormond and Mr. Ash wait on his Honour the 
President, and acquaint him this House is ready to wait on him with 
their Address, and desire his Honour to let them know when this House 
should wait on him. His Honour the President returned for Answer, 
that he would receive this House immediately in the Council Chamber. 

The House in a full Body waited on his Honour the Presid' in the 
Council Chamber, where Mr. Speaker presented to him the foregoing 
Address ; for which his Honour was pleased to return this House his 
Thanks. 

His Honour the President laid before this House an Instruction from 
the Lords Justices, and other Papers signifying his Majesty's Pleasure, 
that the Council and General Assembly do forthwith consider and revise 
all and every the Laws, Statutes, and Ordinances, which are in force in 
this Province, excepting only such as relate to private property, or are 
only of a private Nature, and so forth. 



COLONIAL RECORDS. 57 



Mr. Onuoiul moved thai, the said Instruction and other Papers be 
read. 

Read the same. 

Mr. Ormond moved tiiat a Committee be appointed to bring in a Bill, 
to appoint a Committee to revise the Laws of this Province agreable to 
his Majesty's Instruction signified by the Lords Justices, and was sec- 
onded by Mr. Sinclare. 

Mr. Starkey opposed the said motion, and was seconded by Mr. Ash 
and gave for reason that the Laws, etc., of this Province, having been 
lately revised and sent home, and are before the Lords of Trade and 
Plantations, and it not appearing their Lordships have come to any De- 
termination thereon, and also that the .Arrival of a Governor being daily 
expected ; therefore moved, that the Appointment of the said Committee 
be postponed. After several Debates for and against bringing in the 
said Bill, the question was put, and carried in the Negative. 

Mr. Ormond moved for Leave to bring in a Bill to prevent excessive 
and deceitful gaming.- 

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

Mr. Ormond brought in the said bill, which he read in his Place. 
Orderetl, that the same Pass, and be sent to the Council. 

Sent the said Bill to the Council, by Mr. Barrow & Mr. Dickson. 

Received from the Council the following Message, Viz' 

Mr. Speaker and Gentlemen, 

This House taking under their Consideration the Message of Yester- 
day, relative to the Appointment of the Committees of Publick Accompts 
and Claims, have thought fitt to Appoint the following Gentlemen, in 
conjunction with those of Yours, to wit, the Honourable James Hasell 
and James Innes Esq", on the Claims, and the Honourable Francis 
Corbin, James Craven and Lewis De Rossett Esq" on the Publick Ac- 
compts. 

The House adjourned till four o'clock Afternoon. 

P. M. The House met according to Adjournment. 

Mr. Dickson brought in a Bill for Amendment of an Act, intituled, 
An Act for dividing part of Granville Johnston and Bladen Counties, 
into a County and Parish, by the name of Orange County, and the Par- 
ish of S' Matthew, and for appointing Vestrymen of the said Parish, 
and other Purposes therein mentioned, which he read in his Place. 

Ordered that the same Pass, and be sent to the Council. 



58 COLONIAL RECORDS. 



Sent the said Bill to the Council, by Mr. Dickson & Mr. Washington, 

Mr. Ormond moved that his Honour the President be addressed to 
direct the Clerk of the Crown to issue a Writ for electing a Member to 
represent the Town of Edenton, in the room and stead of the late sitting 
Member for that Town, to wit, Mr. James Craven, who is now appointed 
one of His Majesty's Honourable Council. 

Mr. Starkey objected to the said Motion, and informed the Hou.se, 
that Mr. Stillwell was elected a Representative for the said Town, at the 
last general Election of Representatives for this Province, to sit and vote 
in this present General Assembly. 

Ordered, that the Clerk of the Crown have notice, that he certify to 
this House the Person elected (and returned into his Office) to represent 
the said Town of Edenton. 

Ordered, that the Clerk lay before this House the Journal thereof, of 
the first Session of this present General Assembly on Monday next. 

Received fi-om the Council the Bill to prevent excessive and deceitful 
Gaming. Endorsed, in the Upper House read the first time, and passed. 

Mr. Joseph Clerk, one of the Members of Bladen County appeared 
and took his Seat. 

Mr. Ormond moved that a Committee be appointed to bring in a Bill 
to appropriate the Sum of Four Thousand Pounds Proclamation Money, 
remaining in the Treasurers Hands not applied, for building Forts, etc. 
for re-stamping the present Currency, and giving Copper Halfpence a 
Currency here. 

Ordered, that the following Persons, to wit, Mr. Ormond, Mr. Sin- 
clare, and Mr. Ash, be appointed a Committee to prepare and bring in 
the said Bill, and they are accordingly appointed. 

The House adjourn'd till to-morrow morning Nine o'Clock. 

Saturday, March 31", 1753. The House met according to Adjourn- 
ment. 

Mr. Charles Robinson, One of the Members for Anson County, ap- 
peared, and took his Seat. 

Ordered that the Bill to prevent Excessive and deceitfnl Gaming, be 
read. Read the same a second time, and passed with Amendments. 
Ordered, That the same be sent to the Council. 

Sent the same to the Council, by Mr. Dickson & Mr. Washington. 

Mr. Ormond moved, for leave to absent himself from the Service of 
the House until Tuesday Night next. Ordered, That he have Leave 
accordingly. 

The House adjourn'd till Monday morning Nine o'Clock. 



COLONIAL RECORDS. ' 59 



Monday, April 2'"' 1753. The House met according to Adjournment. 

Mr. Ash moved for leave to bring in a Bill to apj)oint a Town on the 
North East branch of Cape Fear River, in New Hanover County, at a 
place called the Sand Hill, and to appoint an Inspector, and other pur- 
poses therein mentioned. Ordered, That he have Leave, and that he 
prepare and bring in the same. 

Mr. Ash brought in the abovesaid Bill which he read in his Place. 
Ordered that the same Pass, and be sent to the Council. Sent the above 
Bill to the Council. 

Received from the Council, the Bill to amend an Act, intituled an Act 
for dividing part of Granville, Johnston, and Bladen Counties, into a 
County & Parish, &c. Endorsed, In the Upper House read the first 
Time and passed. 

Mr. Starkey moved for leave to bring in a Bill to revive and continue 
a Clause in an Act of the General Assembly of this Province, intituled 
An Act to fix a Place for the seat of Government, and for keeping Pub- 
lic Offices, for appointing Circuit Courts, and defraying the Expence 
thereof; and also for establishing the Courts of Justice, and regulating 
the Proceedings therein. Ordered that he have Leave, & that he pre- 
pare & bring in the same. 

Mr. Starkey brought in the abovesaid Bill which he read in his Place. 
Ordered that the same pass, and be sent to the Council. 

Mr. Starkey moved for leave to bring in a Bill to relieve such persons 
that have, or may suffer by the loss of Records in Onslow County. 
Ordered that he have leave, and that he prepare and bring in the same. 

Mr. Starkey brought in the abovesaid Bill which he read in his Place. 
Ordered that the same Pass and be sent to the Council. 

Sent the above two Bills to the Council, by Mr. Ash & Mr. Dickson. 

Mr. Robinson moved for leave to bring in a Bill, for appointing and 
laying out a Town on the land of John Jenkins, on the South side of 
Peedee River, in Anson County, and establishing two Fairs to be held 
annually, and for other purposes therein mentioned. Ordere<l, that he 
have leave, and that he prepare & bring in the same. 

Mr. Robinson brought in the abovesaid Bill, which he read in his 
Place. Ordered that the same Pass, and be sent to the Council. 

Sent the above Bill to the Council by Mr. Robinson and Mr. Howell. 

Read the Petition of several Persons, whose Names are thereunto sub- 
scribed, in behalf of themselves, and the rest of the Inhabitants of the 
Upper and Frontier Parts of Anson County setting forth the great hard- 
ships they undergo in travelling great distances to the Court House of 
Anson County, Praying an Act may pass, to divide the said County of 



60 • COLONIAL RECORDS. 



Anson, etc and signed with the Names of three hundred and forty Eight 
Persons. 

Ordered that the Bill for an Amendment of an Act, intituled An Act 
for the Division of Part of Granville, Johnston, and Bladen Counties 
etc, be read the second Time. Read the said Bill the second time and 
amended. Ordered the same to be sent to the Council, with the said 
Amendments. 

Sent the said Bill to the Council, by Mr. Dickson & Mr. Barrow. 

Mr. Bartram one of the Members for Bladen County appeared, and 
took his Seat. 

The House adjourned till to-morrow morning Nine o'Clock. 

Tuesday, April •3""' 1753. The House met according to Adjournment. 

Received from the Council, the Bill to revive and Continue a Clause 
in an Act intituled, An Act to fix a place for the seat of Government, 
and for keeping Publick Offices, etc. 

The Bill to relieve such Persons as have or may suffer, by the loss of 
records in Onslow County. 

The Bill for appointing and laying out a Town on the Land of John 
Jenkins, on the south side of Pee Dee River, in Anson County etc. 

And the Bill to appoint a Town on the North East Branch of Cape 
Fear River in New Hanover County, etc. 

Endorsed, In the Upper House read the first Time and passed. 

Mr. Starkey moved for leave to bring in a Bill, to alter and amend 
an Act, intituled. An Act for licensing Pedlars, Traders and Petty Chap- 
men, and granting to his Majesty, an Impost or duty on Goods, Wares 
& Merchandize, to raise supplies for the necessary charges of Govern- 
ment. 

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

Mr. Starkey brought in the abovesaid Bill which he read in his Place. 

Ordered that the same Pass, and be sent to the Council. 

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

Mr. Starkey moved for leave to bring in a Bill, directing the Exami- 
nation and Admission of Persons hereafter to be admitted to plead and 
practise the Law in this Province. 

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

Mr. Starkey brought in the said Bill whicii he read in his Place. 

Ordered that the same Pass and be sent to the Council. 

Sent the above Bill to the Council by Mr. Vail and Mr. Bartram. 

Mr. Ash moved for leave to bring in a Bill for an Additional Act to 
an Act concerning Servants and Slaves. 

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



COLONIAL RECORDS. 61 



Mr. Ai^h brought in the above said Bill which he read in his Place. 

Ordered that the same Pass and be sent to the Council. 

Sent the above Bill to the Council by Mr. Vail & Mr. Bartram. 

Mr. Haywood moved that the four Bills from the Council i)e read. 

Ordered that they be read. 

Read the Bill to appoint a Town on tlie North East Branch of Cape 
Fear River in New-Hanover County. 

Read the Bill to relieve such Persons that have or may suffer from the 
loss of Records in Onslow County. 

Read the Bill for appointing and laying out a Town on the land of 
.John .Jenkins, on the south side of Pee Dee River in Anson County, 

Read tlie Bill to revive and continue a Clause in an Act intituled, An 
Act to fix a Place for the seat of Government and for keeping Publick 
Offices etc. Amended the aforegoing four Bills. 

Ordered that the said four Bills pass, with the said Amendments, and 
be sent to the Council. 

Sent the above four Bills to tiie Council, by Mr. Barrow & Mr. 
Washington. 

Received from the Council tlie following Bills, Viz 

The Bill directing the Examination and Admission of Persons here- 
after to be admitted to Plead and Practise the Law in this Province. 
Endorsed. In the Upper House read the first Time and Passed. 

And the Bill to prevent excessive & deceitful Gaming. Endorsed In 
the Upper House read the second time and passed with Amendments. 

The House adjourn'd till -l o'Clock Afternoon. 

P. M. The House met according to Adjournment. 

Mr. James Calf one of the Members for Hyde County appeared, anil 
took his seat. 

Pursuant to an Order of this House, of the 30"" of March, the Clerk 
laid before this House the Journal of the first Session of this Present 
Assembly, whereby it appears, that Mr. Sam' Stillwell was duely elected 
Member for Edenton to serve in this Present General Assembly, and the 
said Samuel refusing to qualify himself as a Member of this House for 
the said Town. 

Mr. Haywood acquainted this House, that Mr. Francis Stringer, one 
of the Members for Craven Connty, since the last Session of Assembly 
died, and that Mr. Lewis De Rosset, late Member for Wilmington, is 
appointed one of his Majesty's Honourable Council and qualified accord- 
inglv. 



62 COLONIAL RECORDS. 



Resolved, that his Honour the President be addressed to direct the 
Clerk of the Crown to issue Writs for electing Members for the said 
Town and Counties, to serve in this present General Assembly. 

Sent the following Message to his Honour the President, viz. 

May it please your Honour. 

Mr. Samuel Stillwell, having been elected a Member, to serve in this 
present General Assembly, for the Town of Edenton, and hath refused 
to qualify himself accordingly; Mr. Francis Stringer, late one of the 
Members of this House for Craven County, since the last session of As- 
sembly, being dead ; and Mr. Lewis De Rosset, late Member of this 
House for Wilmington, having been appointed and qualified as one of 
the Members of His Majesty's Honourable Council, this House there- 
fore desire your Honour would be pleased to direct the Clerk of the 
Crown, to issue Writs for electing Members qualified to sit and vote in 
this present General Assembly, for the said Towns and Counties. 

Received from the Council the following Bills, viz. 

The Bill for an Additional Act, concerning Servants & Slaves. 

The Bill to alter and amend an Act, intituled an Act, for licensing 
Pedlars, Traders and petty Chapmen etc. Endorsed, In the Upper 
House, read the first time and passed. 

The House adjourn'd till to-morrow morning Nine o'Clock. 

Wednesday, April 4"' 1753. Tiie House met according to Adjourn- 
ment. 

Mr. Sampson moved, That the Bill to prevent Excessive and deceit- 
ful gaming, be read the third time, agreable to the notice given for that 
Purpose yesterday, by Mr. Speaker. 

Ordered that the same be read. 

Read the said Bill the third time and passed with Amendments. 

Ordered that the same be sent to the Council. 

Sent the same to the Council by Mr. Dickson & Mr. Washington. 

Mr. Vail moved for leave to bring in a Bill, to erect a Town on Core 
Banks, near Ocacock Inlet. 

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

Mr. Vail brought in the above said Bill, which he read in his Place. 

Ordered that the same Pass and be sent to the Council. 

Mr. Starkey moved for leave to bring in a Bill, for granting to his 
Majesty the sum of Proclamation Money, and for stamping, and 

emitting the said sum of Bills of Credit, of this Province, at the 

rate of Proclamation Money, to supply tiie Treasury, and for making 



COLONIAL RECORDS. 63 



proper Provision for defraying the oontiugent Charges of Government, 
and for making Copper Halfpence current in this Province. 

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

Mr. Starkey brought in the abovesaid Bill, wiiich he read in his 
Place. 

Ordered, That the same Pass and be sent to the Council. 

Sent the said Bill to the Council, by Mr. Starkey and Mr. Ash. 

Mr. Sampson moved for leave to bring in a Bill, for erecting a 
County and Parish on the Head of Anson County. 

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

Mr. Sampson brought in the above said Bill which he read in his 
Place. 

Ordered that the same pass and be sent to the Council. 

Sent the said Bill to the Council by Mr. Barrow & Mr. Bartram. 

The House adjourned till three o'clock afternoon. 

P. M. The House met according to adjournment. 

Received from the Council, the Bill to prevent Excessive and deceit- 
ful gaming. Endorsed, In the Upper House, read the third time and 
passed. Ordered to be sent down and Engrossed. 

Received from the Council, the Bill to revive and continue a Clause in 
a Act, intituled, an Act to fix a Place for the seat of Government, and 
for keeping Publick Offices for appointing Circuit Courts, and defraying 
the Expenses thereof etc. Endorsed, In the LTpper House, read the 
second time and passed. 

Received froni the Council the following Bills viz. 

The Bill for appointing and laying out a Town on the Land of John 
Jenkins, on the south side of Pee Dee River in Anson County etc. 

The Bill to appoint a Town on the North East Branch of Cape Fear 
River in New Hanover County etc. 

The Bill to amend an Act intituled, an Act for dividing part of Gran- 
ville, Johnston, and Bladen Counties, into a County and Parish by the 
name of Orange County etc. 

The Bill to relieve such persons that have or may suifer by the loss of 
Records in Onslow County. 

Endorsed, In the Upper House read the second time & passed with 
Amendments. 

The Bill for erecting a County and Parish on the Head of Anson 
County. 



64 COLONIAL RECOEDS. 



And tlie Bill for granting to his Majesty the sum of Proclamation 
Money, and for stamping and emitting the said sum of Bills of Credit 
of this Province, at the rate of Proclamation Money, and so forth. 

Endorsed, in the Upper House read the first time and passed. 

Mr. Sampson moved, That the Bill directing the Examination and 
Admission of Per.sons hereafter to be admitted to plead and practise the 
Law in this Province be read the second time. 

Ordered, that the same be read. 

Read the said Bill the second time, & amended the same. 

Ordered that the same pass and be sent to the Council, with the said 
Aniendments. 

Sent the said Bill to the (Council by Mr. Clark ct Mr. Bartram. 

Mr. Ash moved, that the Bill for an Additional Act to an Act, con- 
cerning Servants and Slaves, be read the second time. 

Ordered that the same be read. 

Read the said Bill the second time, and amended the same. 

Ordered that the same pass and be sent to the*Council, with the said 
Amendments. 

Sent the said Bill to tiie Council by Mr. Clark & Mr. Bartram. 

Mr. Ash moved, That the Bill for an Additional Act to an Act, con- 
cerning Servants and Slaves be read the second time. 

Ordered that the same be read. 

Read the said Bill the second time, ct amended the same. 

Ordered that the same Pass, and be sent to the Council, witli the said 
Amendments. 

Sent the same to the Council by Mr. Clark tt Mr. Bartram, 

Mr. Starkey moved. That the Bill to alter and amend iui Act intituled 
An Act for licensing Pedlars, Traders, and Potty Chapmen etc. be read 
a second time. 

Ordered the same be read a second time. 

Read the same a second time and passed. 

Ordered that the same be sent to the Council. 

Sent the same to the Council by Mr. Clark & Mr. Bartram. 

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

Thursday April 5'" 1753. The House met according to Adjournment. 

Mr. Vail moved for leave to bring in a Bill, for an additional Act to 
an Act to appoint Inspectors in New-Hanover County, and for regulating 
the Exports at Cape Fear. 

Ordered that he have leave, and that he ])repare and bring in the same. 

Mr. Vail brought in the above said Bill which he read in his Place. 

Mr. Barrow opposed the passing of the said Bill, and was seconded. 



COLONIAL RECORDS. 66 



The Motion wa^ made and the (Question put, Whether tlie said Bill pass 
or not And was carried in tiie Nei;;ative. 

Ordered that the following Bill be read viz. 

The Bill to revive and continue a Clause in an Act intituled an Act to 
fix a Place for the seat of Governm', and for keeping Publick offices, and 
for appointing Circuit Courts, and defraying the Expense thereof, tlie 
third time. 

Ordered that the same Pass and he sent to the Council. 

Read the Bill to relieve such Persons that have or may sutfer, by the 
Loss of Records in Onslow County the tliird time. 

Ordered, That the same Pass, and be sent to the Council. 

Read the Bill for an Amendment of an Act, intituled An Act for 
dividing part of Granville, .loiinston and Bladen Counties etc. the third 
time. 

Ordered that tiie same pass and be sent to tlie Council. 

Read the Bill to appoint a Town on the North East Brancii of Cajie 
Eear River in New Hanover County, the third time. 

Ordered that the same Pass and be sent to the Council. 

Sent the above four Bills to the Council by Mr. Haywood and Mr. 
Starkey. 

The House adjourned till Ft)nr o'Clock Afternoon. 

P. M. The House met according to adjournment. 

Received from the Council, the Bill to revive and continue a clause in 
an Act intituled An Act to fix a place for the seat of Government, and 
for Keeping Public Offices, and for appointing Circuit Courts, and 
defraving the Expenses thereof. Endorsed, In the Upper House, read 
the third time and passed. 

Ordered to be sent down and Engrossed. 

The House adjourn'd till to morrow morning Nine o'Clock. 

Friday, April 6"" 1753. Tlie House met according to Adjournment. 

Mr. Sinclare moved for leave to absent himself from the Service of 
the House. 

Ordered that he have leave Accordingly. 

Sent tiie Bill to erect a Town on Core Banks, near Ocacock Inlet, to 
the Council, agreable to the order of Wednesday last by Mr. Asli and 
Mr. Sampson. 

Mr. Starkey moved for leave to bring in a Bill, to prohibit the Ex- 
portation of Grain in Time of scarcity. 

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



66 COLONIAL RECORDS. 



Mr. Starkey brought in the above said Bill, which he read in his 
Place. 

Ordered, that the same pass and be sent to the Council. 

Sent the said Bill to the Council by Mr. Ash and Mr. Sampson. 

Received from the Council the Bill to prohibit the Exportation of 
Grain in Time of Scarcity. Endorsed, In the Upper House, read the 
first time & passed with Amendments. 

Mr. Haywood moved. That the Bill for erecting a County and Parish 
on the Head of Anson County, be read a second time. 

Read tiie said Bill the second time, & amended the same. 

Ordered the same be sent to the Council, with the Amendments. 

Sent the above Bill to the Council by Mr. Dickson and Mr. Robinson. 

Ordered That the Bill, to appoint a Town on the North East Branch 
of Cape Fear River in New-Hanover County be read a third time. 

Read the said Bill the third time, & amended the same. 

Ordered That the same pass, and be sent to the Council with the said 
Amendments. 

Sent the said Bill to the Council, by Mr. Dickson and Mr. Robinson. 

The House adjourned til Four o'Clock Afternoon. 

P. M. The House met according to Adjournment. 

Received from the Council the following Bills, viz. 

The Bill for an Amendment of an Act, intituled An Act for dividing 
part of Granville, Johnston, and Bladen Counties, into a County and 
Parish by the Name of Orange County etc. Endorsed, In the Upper 
House read the third time and passed. 

Ordered to be sent down and Engrossed. 

The Bill directing the Examination and Admission of Persons here- 
after to be admitted to plead and practice the Law in this Province. 
Endorsed, In the Upper House, read the second time and passed with 
Amendments. 

The Bill for an Additional Act to an Act concerning Servants and 
Slaves. Endorsed, In the Upper House read the second time and passed 
with Amendments. 

Received from the Council the following Message, viz. 

Mr. Speaker and Gentlemen, 

In the Conclusion of the last Clause of the Bill, to relieve such Per- 
sons that have or may suffer, by the Loss of Records in Onslow County, 
there is no time limited for the building of the Court House, nor the Place 
mentioned where such Court House should be built, we therefore desire 
to know if you will consent to the following Amendment, otherwise we 



COLONIAL EECORDS. 67 



cannot pass the Bill : In the Town of Johnston, and the same shall be 
built witiiin two years from the passing hereof; if your House approve 
of such Amendment, we desire you'd send two of your Members to see 
the same incerted in the Bill. 

Ordered that the following Message be sent to the Council. 

"Gentlemen of his Ma.iesty's Honourable Council. 

In Answer to your Message regarding the Amendment you propose 
in the Bill to relieve such Persons that have or may suffer by the loss of 
Records in Onslow, we agree to the said Amendment, and have sent Mr. 
Starkey and Mr. Bell, two of the Members of this House, to see the 
same made." 

Mr. Ash moved. That the Bill to prevent the Exportation of Grain 
in time of Scarcity, be read the second time. 

Ordered, That the same be read. 

Read the said Bill the second time, & amended the same. 

Ordered that the same pass, and be sent to the Council, with the said 
Amendments. 

Sent the above Bill to the Council by Mr. Sampson & Mr. Brice. 

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

Saturday, April T"" 1753. The House met according to Adjourn- 
ment. 

Received from the Council the Bill to relieve such Persons that have 
or may suffer by the loss of the Records in Onslow County. Endorsed, 
lu the Upper House, read the third time and passed with Amendments. 

Mr. Ash moved, That the Bill for an Additional Act to an Act, con- 
cerning Servants and Slaves, be read the third time. 

Ordered that the same be read a third time. 

Read the said Bill the third time, Amended the same. 

Ordered that the same pass, and be sent to the Council, with the said 
Amendments. 

Sent the said Bill to the Council, by Mr. Calf & Mr. Brice. 

Mr. Sampson moved, that the Bill directing the Examination and 
Admission of Persons hereafter to be admitted to plead and practise the 
Law in this Province, be read a third time. 

Ordered that the said bill be read a third time. 

Read the said Bill the third time, & amended the same. 

Ordered that the same pass and be sent to the Council. 

Sent the same to the Council bv Mr. Calf and Mr. Brice. 



68 COLONIAL RECORDS. 



Received from the Council the Bill to prohibit the Exportation of 
Graiu in time of Scarcity. Endorsed, In the Upper House, read the 
second time & passed with Amendments. 

Received from the Council, tlie Bill to erect a Town on Core Bauks 
near Ocacock Inlet. Endorsed, In the Upper House, read tlie first time 
and passed. 

Mr. Bell moved that the above Bill be read a second time. 

Ordered that the same be read a second time. 

Read the said Bill the second time, & amended the same. 

Ordered that the same pass and be sent to the Council with tlie said 
amendments. 

Sent the above Bill to tlie Council, by Mr. Calf and Mr. Brice. 

Received from the Council the Bill for erecting a County and Parish 
on the Head of Anson County. Endorsed, In the Upper House read 
the second time & passed with Amendments. 

Mr. Ash moved. That the Bill to prevent the Exportation of Grain 
in time of Scarcity be read a third time. 

Ordered that the same be read a third time. 

Read the said Bill the third time. 

Ordered that the same pass, and be sent to the Council, by Mr. Calf 
and Mr. Brice. 

Mr. Ash moved for leave to absent himself from the Service of the 
House. 

Ordered that he have leave accordingly. 

Read the Petition of Miles Gale, setting forth, That there are several 
Buoys and Chains in his Custody, belonging to the Publick : Praying the 
Order and Direction of this House, regarding the Disposal of the same : 
whereupon this House resolved, that the said Miles Gale dispose of the 
same separately at public Vendue, giving forty days notice thereof before 
such Sale, and that he account with the next General Assembly for the 
amount of such Sales. 

Mr. Sampson moved, That the Bill to erect the Upper part of Anson 
County into a County and Parish, be read the third time. 

Ordered that the same be read a third time. 

Read the said Bill a third Time, and amended the same. 

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

Sent the same to the Council, by Mr. Calf and Mr. Brice. 

The House adjournal til Monday Morning Nine o'Clock. 



COLONIAI. RECORDS. 



Monday, April g"" 1753. The House met according to Adjoiirniuent. 

Received from the Council, the Bill to amend an Act, intituled an Act 
for licensing Pedlars, Traders, and Petty Chapmen etc. Endorsed, In 
the Upper House read the second time and passed. 

Received from the Council the following Message, viz. 

Mr. Speaker and Gentlemen, 

We observe that in the Bill for an Act for erecting the Upper part of 
Anson County into a County and Parish, by the name of Rowan County 
and S' Lukes Parish, and for appointing a Place for holding a Court in 
the said County, you have deled those Bounds that we had incerted in 
the said Bill together with the Names of George Smith and Jonathan 
Hunt, in Lien thereof have added others, we therefore propose the fol- 
lowing Amendments, to wit, Tiiat Anson County be divided by a Line 
beginning where Anson Ijine was to cross Earl Granville's Line, and 
from thence in a direct Line North Ui Virginia Line, and that the said 
County be bounded to the North, by the Virginia Line, and to the South 
by the Southern Line of Earl Granville's Land, and also the names of 
George Smith and Jonathan Hunt be reincerted; if you agree to the 
above Amendments, send two Members of your House to see the same 
incerted, and the Bounds you had mentioned for the County, and the 
Names of George Ellison and Robert Simington deled, upon which it 
shall pass. 

Ordered that the foregoing Message be sent to the Couucil. 

Sent the said Message to the Council, Endorsed, Concurred with, and 
sent Mr. Starkey and Mr.* Sampson, two of the Members of this House, 
to see the Amendments in the said Bill proposed made. 

Received from the Council the following Message, viz. 

Mr. Speaker and Genti,emen. 

We observe that in the Bill for directing the Examination and admis- 
sion of Persons hereafter to be admitted to plead and practice the Law 
in this Province, your House have thought proper to dele the following 
Clause, And if any Attorney shall Act contrary to his Duty, the Gov- 
ernor, and not less than iive of the Council, upon Complaint & Proof 
thereof made before them, may supercede such Attorney's Licence, and 
suspend him for a time, or disable him as they shall think just. We 
apprehend, that if Complaints against Practisers of the Law are not to 
continue to be cognizable before the Commander in Chief in Council, 
where Complaints against all officers in the Province are cognizable, and 
by whom they may be superceded, it will be difficult, if not impracticable 



70 COLONIAL RECORDS. 



for his Majesty's Subjects to have relief against the Misdemeanours of 
the Gentlemen of that Profession ; we cannot therefore recede from our 
Amendment abovementioned, but desire your Concurrence to the rein- 
certing of it, which if your House agree to, please to send two of your 
Members to see the same done. 

The House adjourn'd til Four o'Clock Afternoon. 

P. M. The House met according to Adjotirnment. 
• Resolved, That the following Message be sent to the Council, viz 

Gentlemen of Hls Majesty's Honourable Councii-, 

In Answer to your Message of this day, in relation to the Bill direct- 
ing the Examination and Admission of Persons hereafter to be admitted 
to plead and practise the Law in this Province, we must observe to your 
Honours, that this House conceive, that was not the Common Law, as 
well as several Statutes for punishing Attorneys and Practisers of the 
Law for Male Practise and other Misdemeanors in Force in this Prov- 
ince, ample Provision is made in the above mentioned Bill for the pun- 
ishing them in those Cases, without the Clause incerted in your House, 
and deled in this on the third Reading thereof, and which you would 
again have incerted ; and at the same Time, we must beg Leave further 
to observe, that the said Bill is calculated more immediately to prevent 
Persons being admitted to practise as Attorneys or Lawyers in the sev- 
eral Courts in this Province, not properly qualified for that Business, 
and because heretofore with no other Recommendation, Capacity, or 
Ability, than that of being obseqious Tools of a bad Administration, 
have been admitted to practise the Law in this Province, when others, 
ancient Practisers of good Character, known Integrity, and knowledge 
in the Law has been obstructed in their Business or Practise, for no 
other reason than that they or their Clients have been so unfortunate to 
have incurred the Displeasure of the Chief Magistrate, and at the same 
time new and unusual Clauses, without any Warrant of Law, added in 
the Commissions of the Peace, to prevent the Justices admitting them to 
get their Living in their Lawful Callings, and what generally rendered 
their Case the worse, they could not expect the Chief Justice would 
redress them at the risque of his Commission, we hope this may never 
again be the Case; but the time is still within the Memory of some of 
the Members of this House when it was so. We must further beg leave 
to observe to your Honours, that we can't find, on the strictest Enquiry, 
a Precedent in this Province where an Attorney or Practiser of the Law 
was ever called upon to Answer before the Governor & Council for 



COLONIAL RECORDS. 71 



Male Practise or any other Crime, nor any Law to Warrant a Tryai and 
Prosecution against such otlierwise tlian in the Courts of Common Law 
of this Province, and of England in force here; what Cognizance the 
Commander in Chief, in Council, may have over the Commissioned 
Officers in this Province, on Complaints against them, we shall not pre- 
tend to Examine as not being a Point now in Question : Wherefore upon 
the whole, as we are certain it cannot be for His Majesty's Service, or 
the Interest of his good Subjects of this Province, (our Constituents) to 
erect any unusual or extraordinary Jurisdiction to judge and determine 
on their Rights, Contrary to the due course of Law, we cannot concur 
with your Honours to reincert the Clause you mention in the aforesaid 
Bill. 

Sent the above Message by Mr. Starkey and Mr. Bell. 

Received from the Council, the Bill to erect a Town on Core Banks, 
near Ocacock Inlet. Endorsed, In the Upper House, read the second 
Time, and passed, with Amendments. 

The House adjouru'd til Tomorrow Morning Nine o'Clock. 

Tuesday, April lO"" 1753. Tiie House met according to Adjourn- 
ment. 

Ordered, That the Bill tojilter and amend an Act, intituled An Act 
for licensing Pedlars, Trailers, and Petty Chapmen, be read a third Time. 

Read the said Bill a third time, and amended the same. 

Ordered, That the same Pass, and be sent to the Council, with the 
said Amendments. 

Sent the said Bill to the Council, by Mr. Bartram aud Mr. Sampson. 

Received from the Council, the Bill for Erecting a County and Parish 
on the Head of Anson County. Endorsed, In the Upper House, read 
the third time, and passed with Amendments. 

Ordered the same be sent down and Engrossed. 

Ordered that the Bill to erect a Town on Core Banks, near Ocacock 
Inlet, be read a third time. 

Read the said Bill a third Time, and amended the same. 

Ordered that the same be sent to the Council, with the said Amend- 
ment. 

Sent the above said Bill to the Council, by Mr. Bartram and Mr. 
Sampson. 

Mr. Lovick, Chairman of the Committee of Public Claims, reported 
to the House, tliat the said Committee had settled and alloweil several 
Claims, which he presented to the House for Concurrence. 

Ordered, That the said Reports be made. 



72 COLONIAL RECORDS. 



Read the same, and after adding the Claims of t!ie Clerks of both 
Houses tliereto, 

Resolved that the said Claims be allowed, and sent to the Council for 
their Concurrence. 

Resolved, That the Public Treasurers do procure Copies of the Com- 
missioners Accorapts, under the late Navigation Act, and lay the same 
before this House, at the next Session of the General Assembly. 

Resolved, That the Public Treasurer of the Southern District do 
demaud and receive the one Fourth part of the Monies which have arose 
out of the sale of the Goods saved & taken from the Spanish Privateer, 
which was blown up at Brunswick, on Cape Fear, from the Person or 
Persons who hath or may have received the same, and ou Neglect or 
refusal of such Person or Persons to pay the same, to bring suit for 
recovery thereof. 

Reported by Mr. A^ail, Chairman of the Committee of Public 
Accompts, that the said Committee had stated and settled the Public 
Accompts of the Southern and Northern Treasurers, and produced the 
report thereof to this House. 

Ordered, That the same be read. 

Read the same. 

Resolved That the said Report be approved of, and be sent to the 
Couucil for their Concurrence. 

Ordered, That the following Message be sent to the Couucil. 

Sent the following Message with the above two Reports, to wit, the 
Reports of the Committee of Claims & of Accompts. 

Gentlemen of His Majesty's Honourable Council, 

We herewith send you the Rej)orts of the Committee of Accompts in 
this House concurred with, as reported from the Committee and also the 
Report of the Committee of Claims, and after examining the .same, and 
adding several Claims thereto, have allowed thereof; to both which said 
reports we desire your Honours Concurrence, and that you will send the 
same back by Mr. Haywood and Mr. Starkey. 

Received from the Council the following Bills, viz. 
The Bill to alter and amend an Act, entituled, an Act, for licensing 
Pedlars, Traders and Petty Chapmen etc. 

The Bill to erect a Town ou Core Banks, near Ocacock Inlet. 
Endorsed, In the Upper House, read the third time, and passed. 
Ordered, That the same be sent down and engrossed. 
The House adjourn'd til Three o'Clock Afternoon. 



COLONIAL RECORDS. 73 



P. M. The House met according to Adjonrmiient. 

Wliereas it appears by tiie Re[K)rt of the Committee of Public Accomjits 
of this Session of Asseitbly, tliat there is in the hands of John Starkey 
Esq, Public Treasurer of the Southern District the sum of Seventy Seven 
Pounds, which was received for Powder Money, and unna|)plied. 

Resolved, That the said John Starkey, out of the said Money, pay the 
officers of both Houses, and the Expenses of the Committees of this 
Session of Assembly, and that what Powder money the Treasurers may 
receive from the former Receivers of the Powder money, arising in the 
several Ports of this Province, not otherwise applied, and the money 
arising by the Impost Duty on Wine etc, be applied and paid by the said 
Treasurer towards discharging the Public Debts allowed by the General 
Assemblys, on the Claimant or Claimants producing a Certificate of such 
Allowance, and an Order or Warrant thereon, from the Commander in 
Chief for the time being. 

Ordered That the following Message be sent to the Council, viz. 

Gentleme.\ of His Maje.sty's Honourable Council, 

We observe by the Reports of the Committee of Accompts, that there 
is in the hands of John Starkey Esq'*, Treasurer of the Southern Dis- 
trict, the sum of Seventy Seven Pounds, which he received for Powder 
money, which is unnapplied therefore this House have resolved, that the 
said Treasurer out of the said Seventy seven Pounds, pay the Expences 
of the Committees, and the officers of both Houses this Session of Assem- 
bly, and that the remaining, together with what Powder money the 
Treasurers may receive from the former Receivers of the Powder money, 
arising in the several Ports of this Province not otherwise applied, & the 
money arising by the Impost Duty on Wine etc, be applied and paid by 
the said Treasurers toward discharging the Publick Debts allowed by the 
General Assembly, on the Claimant or Claimants producing a Certificate 
of such Allowance, and an Order or Warrant thereon from the Com- 
mander in Chief for the Time being, to which we desire your Honours 
Concurrei»ce. 

Mr. Starkev acquainted this House, that the Sum of Seven Hundred 
and Thirty Nine Pounds, six shillings and Eight-pence, three farthings. 
Proclamation Bills, received by the Committee of Public Accompts, and 
paid by the Chairman thereof to this House, which by Law is to be 
burnt, therefore moved that the same be burnt, and that this House 
would appoint a Committee thereof t(j see the same done, in Conjunction 
with those of the Council as they shall think fitt to appoint; and also 
Vol. 5—4 



74 COLONIAL RECORDS. 



acquainted this House, tiiat there is paid unto the Committee of Claims 
the sum of One Hundred and Sixty Pounds, Nineteen shillings, and 
Six-pence, Bills of the late Emission, which by Law are also to be burnt, 
therefore moved as above. 

Resolved, That the said Bills be burnt accordingly. 

Ordered, That a Committee of the whole House be appointed, in 
Conjunction with such Members of the Council as they shall think fit 
to see the said Bills burnt. 

The House resolved into a Committee of the whole House for the 
purpose abovesaid, and ordered that the following Message be sent to 
the Council, viz. 

Gentlemen of His Ma.jesty's Honourable Council, 

The Chairman of the Public Accounts having reported to this House, 
that he hath received the sura of Seven Hundred and Thirty Nine 
Pounds, Six shillings, and Eight-Pence, Three Farthings, Proclamation 
Bills; and also the Chairman of the Committee of Public Claims having 
reported, that he hath received the sura of One Hundred and Sixty 
Pounds Nineteen Shillings, and Six pence, old Bills, by way of Clairas, 
both which Sums are for the sinking Fund, and by Law ought to be 
burnt; Therefore this House have appointed a Committee of the whole 
House, in Conjunction with such of your Honours as yon shall think 
fit, to see the same burnt To-morrow Twelve o'Clock. 

Sent the above Message by Mr. Starkey and Mr. Bell. 

The House adjourned til To-morrow Morning Twelve o'Clock. 

Wednesday, April ll* 1753. The House met according to Adjourn- 
ment. 

Received from the Council the Report of the Committee of Claims. 
Endorsed, In the Upper House, Concurred with, & received also the 
following Message, viz. 

Mr. Speaker and Gentlemen, • 

This House agreable to your Message of yesterday, relating to the 
New and old Bills to be burnt this Session, will immediately, on notice 
of your being ready, resolve itself into a Committee of the whole House 
on that Service. 

Mr. Vail the Chairman of the Committee of Public Accompts and 
Mr. Lovick the Chairman of the Committee of Public Claims, re- 
ported that the Committee of both Houses, appointed to see the 
Bills burnt had met, and that they had burnt the sum of Seven 



COLOMAL RECORDS. -75 



Hundred and Thirty Nine Pounds, Six shillings and Eight Pam-A;, 
Three Farthings Proclamation Bills of the last Elmission, and One 
Hundred and Sixty Pounds, Nineteen Shillings and Six-pence old 
Bills, agreable to the resolve of yesterday. Received from the ('oiiii- 
cil the Message this House sent yesterday regarding the Approba- 
tion of the Sum of Seventy seven Pounds, Eight Shillings and S<>vcn- 
pence received for Powder-money, in the Hands of the Treasurer of the 
Southern District. Endorsed, Concurred with. 

The House Adjourned for an Hour. 

The House met according to A<ljournnient. 

Mr. Ijovick moved for Leave to absent himself from the Service of 
the House To-morrow. 

Ordered, That lie have leave accordingly. 

The House adjourn'd til to morrow morning Eight o'clock. 

Thursday, April 12"" 1753. The House met according to .\(ljouru- 
ment. 

Received from the Council the following Message, viz. 

Mr. Speaker and Gentlemen, 

We herewith send you the Estimate of the Wages etc, due to tiie 
Members, Clerk, and officers of this House this Session, amounting to 
One Hundred Pounds, Five shillings, and Four-pence Proclamatitm 
money, to which we desire your Concurrence. 

Resolved, That the same be concurred with. 

Ordered, That the following Message be sent to the Council. 

Gentlemen of His Majesty's Honourable Council, 

We herewith send you the estimate of the Allowances due and paya- 
ble to the Members, Clerk, and other Officers of this House, this present 
Session for your Concurrence. 

Sent by Mr. Bell and Mr. Barrow. 

His Honour the President sent a Message to this House, requiring the 
attendance thereof in the Council Chamber, for such Bills as are En- 
grossed. 

The House in a full body waited on His Honi^ur the President in tiie 
Council Chamber, when Mr. Speaker ])resented him the following Bill 
for his Assent thereto, viz. 

The Bill to alter and amend an Act, intituled. An Act for licensing 
Pedlars, Traders and Petty Chapmen, and for granting to His Majesty 
a Duty on Goods, Wares, and Merchandize, to' raise supplies for the 
Necessary Charges of Government. 



76 COLONIAL RECORDS. 



Tlie Bill for an atUlitional Act to an Act, concerning Servants and 
Slaves. 

The Bill for an Act for appointing and laying ont a Town on Core 
Banks, near Ocacock Inlet, in Carteret Connty, and for appointing Com- 
missioners for compleating the Fort at or near the same Place. 

The Bill for an Act, to revive and continne a Clause in an Act of the 
General Assembly of this Province, intituled. An Act to fix a place for 
the seat of Government, and for keeping Public Offices, for appointing 
Circuit Courts and defraying the Expence thereof, and also for Estab- 
lishing the Courts of Justice, and regulating the Proceedings therein. 

The Bill to relieve such Persons who have or may suffer, by the Loss 
of Records in Onslow County. 

The Bill to prevent Excessive and deceitful (iaming. 

The Bill for erecting the Upper part of Anson County, into a County 
and Parish, by the Name of Rowan County, and S' Luke's Parish, etc. 

The Bill to amend an Act, intituled, An Act for dividing part of 
Granville, Johnston and Bladen CJounties, into a County and Parish, by 
the Name of Orange County, And the Parish of S' Matliew, and for 
appointing Vestrymen of the said Parish, and for other purposes therein 
mentioned. 

The Bill to prohibit the Exportation of Grain in Time of Scarcity. 

To all which His Honour was pleased to Assent, except the Bill to 
alter and amend an Act, intituled, An Act for licensing Pedlars, Traders, 
and Petty Chapmen, and granting to His Majesty an Impost or Duty 
on Goods, Wares, and Merchandize, to raise supplies for the necessary 
Charges of Government, whic^h His Honour was pleased to reject. Then 
directed the House to return, and proceed to further Business. 

The House returned. 

Resolved, That His Honour the President be addressed to direct the 
Clerk of the Crown, to issue a Writ to elect Members qualified by Law, 
to sit and vote in the (Jeneral Assembly of this Province for the County 
of Rowan. 

Sent the following Message to His Honour the President. 

Mav rr PLEASE your Honour, 

The Bill for erecting the Upper part of Anson County into a County 
and Parish, by the Name of Rowan County etc, having this day passed 
into a Law by your assent thereto, therefore desire your Honour would 
be pleased to direct the Clerk of the Crown to issue a Writ to Elect 
Members qualified to sit & vote in the General Assembly for the said 
County. 



COLONIAL RECORDS. 11 



His Honour the President sent to this House, Cftmmanding flie im- 
mediate Attendance thereof in tlie Council Cliamber. 

The House in a full Body waited on His Honour the President in the 
Council Chamber, when His Honour was pleased to prorogue this As- 
sembly until the fourth Tuesday in September next to be then held at 
Newbern. 

The House returned, when Mr. Speaker pmuonnced the Prordfratiou 
Accordingly. 



1754. 

[B. P. R. O. North Carolina. B. T. Vol. 1-2. C. 28 ] 

The Memorial of Arthur Dobbs Esq" His Maj'^'' Governor of the 

Province of North Carolina in America [to the Board of Trade] 

Humbly sheweth, 

That in the year 1733 His Majesty was graciously pleased by His 
royal .sign mauual, dated the 20"" of September, to direct that a Salary 
of one thousand Pounds per annum should be paid to His Governor of 
the Province of North Carolina out of the revenue of the quit rents 
within the .said Province, and also at the same time to establish other 
.salaries payable out of the said revenue for the other OflBcer.s of Govern- 
ment in proportion to their respective employments. 

That for want of a proper regulation and due management oi the 
said revenue it has fallen so far short of answering the said Establish- 
ment, that the arrear of Salary, due at this time to the Officers of Gov- 
ernment do amount to a very large sum, of which there is due to the late 
Governor no less than thirteen thou.sand four hundred & sixty two 
pounds nineteen shillings and two pence, and in like proportion to the 
rest of the other Officers; all which remains to be discharged, before 
your Memorialist can receive any advantage from the said Establish- 
ment; and how little probability there is of this being effected within 
any reasonable time will sufficiently appear to your Lordships from the 
annexed Account of the annual receipt of the quit rents within this 
Province from the year 1745 to the year 1748 inclusive. In this situa- 
tion your Memorialist thinks it his Duty for His Majesty's service and 
interest, for the credit of the Government with which His Majesty has 
been graciously pleased to intrust him, and in justice to the Officers of 
Government, to lay a true state of his ease before your Lord.ships, in 



7« COLONIAL RECORDS. 



coufideuce that your liordships will, upon due consideration of the facts 
herein before stated, and of the manifest inconveniences, which must 
result from the Officers of the Crown being left, if not wholly, at least 
for many years without any support in a Government, the weak, unset- 
tled state of which calls for the most diligent attention to their duty be 
pleased to represent to His Majesty the necessity there is to support the 
Government of that Province by a proper provision for your Memorial- 
ist out of some other fund than the quit rents, until such time as they 
can be so far increased as to answer the Establisliment of the Province, 
and pay off the arrears due to the several Officers upon the Establish- 
ment, which your Memorialist, in conjunction with the respective Officers 
of the Government, will use his best endeavours to increase & make 
effectual. 

All whicii is humbly submitted by 

ARTHUR DOBBS. 



An Abstract of Eliezer Allen, His Accounts of Quit Rents in North 
Carolina. 

Currency. Sterling. Proclamation Money. 

For the year 1 746. 323 " 7 " 6 

For the year 1746. 402 " " G 

For the year 1747 389 " 6 " 1 

Forthe year 1748. 146 " 13 " - 



1261 " 7 " 1 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

Whitehall 18"' January 1754. 
Sir, [Governor of North Carolina] 

His Maje,sty having been informed, that the several Independent Com- 
panies doing Duty in the different Provinces of North America are far 
from being compleat, tho' by means of false Musters, the full Complement 
they ought to consist of, appear under Arms at a Time of Review, but 
are filled by Persons who only do occasional Duty, & not by such as are 
willing and able to act as Soldiers when His Majesty's Service shall 
require it; His Majesty being determined to put an End to such scandal- 
ous Practices for the future has commanded me to signify to You His 
Royal Pleasure, that you should take the most immediate and effectual 
Measures for obliging the officers commanding such Companies within 



COLONIAL RECORDS. 79 



Your Government, to compleat them without Loss of Time, with good and 
able Soldiers, And you are likewise forthwith to transmit to me, for His 
Majesty's Information, the real State in which you shall find those Com- 
panies, together with the Names of the Officers commanding them ; And 
it is His Majesty's express Commands, that you should do this without 
Favour or Atfection, & with strictest regard to the real Trutli. 

And it is His Majesty's farther Pleasure, that you should forthwith 
give the necessary Orders, that one complete Company should marcii into 
the Province of Virginia, and there put themselves under the Command 
of Mr. Dinwiddle Lieu' Gov'' thereof, who will be informed of the King's 
Intentions as to the Destination of those Forces. 

I am, &° 

HOLDERNESSE. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 29.] 

The Humble Memorial of Henry M°Cuiloh [to the Board of Trade] 

Sheweth, 

That as your Memorialist humbly apprehends, your Lordships intend 
to take the state of the Grants lie is concerned in in North Carolina into 
consideration, he therefore humbly prays leave to lay before your Lord- 
ships 3 brief state of his particular case, and to point out the difficulties 
he is under with respect to the said Grants, more especially as it relates 
to such as are included within the right hon"' Earl Granvilles Lines, 
whereupon as humbly conceived it may be proper to observe. 

That his Majesty by his Instructions dated the IS"" September 1742, 
ordered the Comm" appointed for making the said Division, to transmit a 
plan containing a full and exact description of the lands allotted to Lord 
Carteret together with the respective boundaries thereof, in order to His 
Majesties signifying his royal pleasure for conveying the same. 

And His Majesty by His Instructions dated 25"" April 1743, renews 
the aforesaid Instructions to the said Coram" and commands them to be 
extremely careful to transmit a full and exact plan of the said Lands, in 
order thereby to avoid all disputes which might hereafter arise thereupon. 

And it is also very observable that it was represented to the right 
hou"" the liords of the Committee of Council as may more fully appear 
by their Lordships' report to His Majesty dated the 9* May 1744, that the 
return and Plan transmitted by the said Commissioners were one and 
the same & that the said plan contained a full and exact description of 
the J part of the said Provinces or Territories, so set out and allotted to 



80 COLONIAL RECORDS. 



the said Lord Carteret, and for the greater certainty a Copy of the said 
Plan was inserted on the fifth skin of the Conveyance, made to the said 
Lord Carteret. 

That when the Copy of the return made by said Comm", was wrote 
out in oi'der to be laid before the Attorney and Solicitor General, & as a 
Guide or direction to them in preparing the Deed of Conveyance to be 
made to Lord Carteret, the following words were inserted in .said Copy, 
viz: 

And the said Comm" did pursuant to the said Order in Council, trans- 
mit to His Majesty a Plan containing a full & exact description of the .said 
I part of the said Provinces or Terrjtories, so set out and allotted to the 
said John Lord Carteret annexed to their .said report, all which are 
marked out & ascertained by the said Plan, a true and exact Copy 
whereof was ordered to be stamped on the fifth skin of the Conveyance 
made to the said Lord Carteret, as may more fully and at large appear 
by the Copy of said return entered in the Secretary of State & Attorney 
General's Office. 

That in pursuance of the above Order of Council and of the Copy of 
the return said to be made by the aforesaid Comm" His Majestie's Attor- 
ney & Sollicitor General prepared the Instrument or Deed of Conveyance 
to His Lordship, who (as most humbly conceived) cannot be entitled to 
more Lands than what are within the Description of said Plan. Yet 
altho' the intention of the Crown seems to be as clear & evident as the 
sun at noon day, his Lordships Agents upwards of eighteen months after 
the date of his Grant, and also upwards of two years after the Commis- 
sion for running the said Boundary had expired, prevailed on the late 
Governor Johnston to appoint Commissioners in behalf of the Crown, 
and his Lordships Agents also appointed Comm" in his behalf to extend 
the said Lines, and accordingly the said Lines were extended above one 
hundred & sixty miles and have been since further extended so as to 
include upwards of twelve millions of acres of Land, which are not 
wfthin the description of the said Plan transmitted to His Majesty by 
the aforesaid Comm" as may fully appear by looking into the .said Plan. 

That a great part of the Land belonging to your Memorialist is 
included within the said Lines as since extended, which hath put it in 
the power of his Lordships Agents to intimidate the Settlers so as to 
make many of them attorn to his Lordship for tiie payment of their quit 
rents, and others have deserted their Plantations. 

And as to such part of your Memorialist's Lands as are not included 
within said Lines, the most valuable part of them were by the late Gov- 
ernor Johnston and by the Presidents of the Council since his decease 



COLONIAL RECORDS. 81 



granted to other persons, so as to deprive your Memorialist of the bene- 
fit of his Grants from the Crown. 

That your Memorialist hath not only greatly suifered in those re- 
spects, but is also much injured by the delay given in the payment of 
the arrears of Salary due to him for which he received a Warrant paya- 
ble in South Carolina for six thousand two hundred pounds sterling, of 
which sum the receiver was said to be in Cash upwards of three thou- 
sand four hundred pounds sterling, but when the Warrant was sent to 
South Carolina he absolutely denied having any money in his hands to 
discharge any part of said Warrant, & now in the course of almost two 
years since the date of said Warrant, he hath not as your Memorialist 
is informed paid more than seven hundred & sixty pounds sterling. 

That your Memorialist hath been kept twelve years from the pay- 
ment of his salary, & thereby suffered many difficulties & hardships, 
which would be shocking even to mention. 

Therefore your Memorialist most humbly prays your Lordships to 
take his unhappy case into consideration, & that your Lordships will be 
pleased to grant him relief therein, — And also that in consideration ot 
the Obstructions he hath met with in the settlement of his Lands, & 
the great loss he hath sustained in not being paid his salary, your Lord- • 
ships will be pleased to recommend it to His Majesty, to grant him 
some equivalent or Allowance in the payment of his quit rents. 

And your Memorialist as in duty bound shall ever pray 

HENRY M^CULLOH. 

Rec" Jandary 31" 1754. 



[B. P. K. O. North Carolina. B. T. Vol. 21.] 

Representation of the Lords of Trade to the King. 14 March 1754 
May it Please Your Majesty, 

Since We received Your Maj. commands to prepare a Draught of 
Instructions for Arthur Dobbs Esquire whom Your Majesty has been 
pleased to appoint your Governor of the Province of North Carolina 
the President of Your Maj. Council of the said Province has transmit- 
ted to us a Collection or Body of all the public Acts or Laws of Your 
Maj. said Province now in force & usuge there which have lately been 
revised by Commissioners appointed by an Act of the Assembly of that 
Province for that purpose & confirmed in full Assembly. 

Upon an attentive review of these Laws a great variety of considera- 
tions have arisen upon points relative to the general slate of Your Maj. 



82 COLONIAL RECORDS. 



said Province upon which it will be necessary for us to receive your 
Maj. orders & determination before we can prepare a Draught of In- 
structions proper to be laid before Your Majesty We therefore think it 
our duty to submit to Your Majesty our observations & opinion upon 
such of these Laws as appear to us to be illegal improper or unneces- 
sary or which any way affect your Majesty's Royal Prerogative in the 
interest and welfare of Your Maj. subjects inhabitants of that Province. 

An Act for the better ascertaining the number of Members to be cho- 
sen for the several Counties within this Province to sit & vote in Gen- 
eral Assembly and for establishing a more equal Representation of all 
His Maj. subjects in the House of Burgesses. Passed the 28"" Novem- 
ber 1746. 

The preamble of this Law sets forth that the inhabitants of several of 
the Northern Counties had assumed to themselves the privilege of choos- 
ing five persons to represent them in General Assembly without any pre- 
tence for such claim while those of the Southern & Western Counties 
who are more numerous and contribute much more to the General Tax 
are represented only by two Members which inequality had been attended 
with great inconvenience & therefore enacts that every County erected 
already or to be erected shall for the future choose two Representatives 
to sit in General Assembly and that fourteen Members shall constitute a 
quorum of the Assembly. 

This Act having been transmitted to us by Mr. Johnston late Gov- 
ernor of this Province a petition was soon after presented to your Maj- 
esty on behalf of the inhabitants of the Northern Precincts or Counties 
of Chowan Perquimans Pasquotank Currotuck Bertie & Tyrrell com- 
plaining of the said Governor for having passed the said Act in an illegal 
& improper way and praying to be reinstated in their just rights and 
privileges. 

This Petition having been referred by Your Majesty to the Lords of 
the Committee of the Privy Council was by their Lordships referred to 
us to consider thereof and to report our opinion upon it. 

Upon a hearing before us of the Petitioners in consequence of the 
said Reference it appearing that they were not able to prove the allega- 
tions of their petition for want of evidence We made our report to the 
Lords of the Committee of Your Maj Council and submitted whether it 
would not be proper that orders should be given to admit the Petitioners 
to examine witnesses in the Province in support of the Petition as also 
to allow the like liberty to the Governor to examine witnesses on his 
part and to direct him to return his Answer to the Complaint contained 
in the said Petition and to transmit copies of the Minutes of the Gen- 



COLONIAL RECORDS. 8:5 



eral Assembly and of such otlier papers as might be necessary for Your 
Maj. full information in this aifair. 

In consequence of this Report the Lords of the Committee of Your 
Majesty's Council were pleased to direct that a copy of the said Petition 
of Complaint should be transmitted to Gabriel Johnston Esq. Governor 
of the said Province requiring him to return his Answer thereunto in 
writing witli all convenient speed and that the Complainants or their 
Agents should be at liberty to take copies of all Records in any of the 
Public Offices in the said Province touching the matters complained of 
as the said Complainants or their Agents should think necessary to sup- 
port the said Petition of Complaint and that the same should be deliv- 
ered to the Complainants or their Agents signed and authenticated in 
the usual manner under the seal of the Province upon paying the usual 
fees for the same and that free liberty should also be givefi to all such 
persons as the said Complainants or their Agents should name as also to 
all such persons as the said Governor should name to make affidavits 
before the Chief Justice and Judge of the Court of Admiralty of the 
said Province or either of them of what they knew touching the prem- 
ises particularly as to the practise of the said Province with regard to a 
majority of the Assembly being present before any Business could be pro- 
ceeded upon and likewise with regard to the number of Representatives sent 
by each of tlie Northern Counties to the General Assembly from the year 
1696 to the year 1746 And that such Chief Justice and Judge of the Ad- 
miralty Court or either of them should summon before him or them such 
persons as the Complainants or their Agents should name as likewise 
such as the said Governor should name and take their affidavits and 
examine them upon such Interrogatories as should be exhibited for that 
purpose which the said Governor was to signify to the said Chief Justice 
and Judge of the Admiralty Court as soon as might be and that the 
Complainants or their Agents should deliver unto the said Governor 
copies of such Affidavits or Depositions as should be made or taken in 
this matter on their part as also that the said Governor should deliver 
unto the said Complainants or their Agents copies of his Answer & of 
such Affidavits and Depositions as should have been likewise made on his 
part within the space of tiiree months after the receipt of the said Order 
as also that within thirty days after receiving each others Proofs the said 
Governor should in like manner exchange with the said Complainants or 
their Agents the Replies that should be made by Affidavits or Deposi- 
tions before they were transmitted And that the whole matter should be 
returned under the seal of the said Province within the space of six 
months from the time that the said Order should be served upon the said 



84 COLONIAL RECORDS. 



Governor of the Province of North Carolina and that the said Gov"^ 
should transmit the Minutes of the General Assembly of the said Prov- 
ince in November 1746 with the names of such Members as were present 
at their fii-st Meeting, the names of such as were sworn in afterwards and 
the whole number present during the continuance of that Session and 
also attested copies of some of the Writs issued for calling Assemblies 
antecedent to the year 1736 if the same form had been constantly ob- 
served And if there had been any variation in the form of those Writs 
then to send copies of such as had so varied & also copies of the returns 
upon such Writs together with a copy of the Order of the Palatine's 
Court in the year 1696 direct! ug five Members to be chosen for the 
Northern Counties and that the same should be properly authenticated 
under the seal of the said Province and transmitted at the same time 
witli the afor'ement'' Proofs and Depositions whereof the said Governor 
of North Carolina the Chief Justice & Judge of the Admiralty Court 
and all others whom it might concern were to take notice and govern 
themselves accordingly. 

In consequence of this Order the papers & other evidence thereby 
acquired were transmitted and laid before their Lordships who referred 
them to us with directions to proceed in the examination of this affair 
and make our further Report Whereupon We humbly beg leave to 
represent to Your Majesty That the points upon which the legality or 
illegality the propriety or impropriety of this Act depend are 

1. The right which the inhabitants of the six Northern Counties claim 
of sending five representatives each to the General Assembly. 

2. The necessity of a majority to constitute a quorum of the Assem- 
bly and 

3. The manner in which the Act in question was passed. 

With respect to the two first of these points it will be necessary to 
revert to that period when first an Assembly was constituted in this 
Colony and to state such Regulations as have from time to time been 
made with respect thereto and by what authority the several places which 
now send Members to the Assembly have been empowered so to do 

In 1663 soon after the Grant made by King Charles the Second of 
Carolina to the Lords Proprietors they by a Commission under their 
hands and seals erected all that part of the Grant which lay to the North 
East of Chowan River into a distinct & separate County by the name of 
Albemarle County. 

In 1667 the Proprietors appointed Samuel Stephens Esq. to be their 
Governor of Albemarle County with a power of nominating twelve per- 
sons to be of his Council and to call an Assembly of twelve persons to 



COLONIAL RECORDS. 85 



be chosen from amongst the Freeholders until the Country should be 
divided into Parishes Districts or Divisions and then each Division Dis- 
trict or Parish was to send two Representatives who with a Governor & 
Council were to form a General Assembly 

In 1669 the Proprietors of Carolina framed a Model of Governm' for 
the better ordering and ruling their Province commonly known by the 
name of the Fundamental Constitutions of Carolina. 

By these Constitutions it was directed that a Parliament should be 
held once in every two years to consist of the Proprietors or their Dep- 
uties the Landgraves & Cassiques and one freeholder out of every Pre- 
cinct. 

The Proprietors again in 1679 framed a new set of Fundamental Con- 
stitutions with some little variation as to the succession of Officers and 
they were sent to the Governors of the several districts in Carolina whicli 
were then three viz: Albemarle Craven and Clarendon. 

These Constitutions however were never received or acknowledged by 
the people and in 1693 were laid aside by the Proprietors themselves. 

With these Fundamental Constitutions the Governor of Albemarle 
had instructions to issue Writs to the four Precincts of that County 
requiring them to elect each five freeholders to be their Representatives 
in Assembly who were to govern themselves according to the rules laid 
down in the Fundamental Constitutions 

In 1691 Colonel Ludwell was appointed Governor of all Carolina 
with instructions from the Proprietors to call a General Assembly to con- 
sist of twenty Members viz : five for Albemarle County five for Berke- 
ley County five for Colleton Comity and five for Craven County and 
when any new County was erected and siiould make it appear that there 
were fortv freeholders inhabitants of it to have a privilege of sending 
four Members to the Assembly and then the whole to be reduced to four 
for each County. 

Tiie said Governor was further directed by additional instructions to 
appoint a Deputy Governor of North Carolina if he thought proper and 
if he should find it impracticable for Albemarle County to send Dele- 
gates to the General Assembly to direct Berkeley & Colleton to send 
seven each & Craven six 

The same powers & directions given to Colonel Ludwell were given bv 
the Proprietors to Mr. Smith & Mr. Archdale his successors in the Gov- 
ernment of Carolina in 169-3 and 1694 the latter of wiiom at a Palatine's 
Court holden in 1696 ordered Writs to be issued out to the several Pre- 
cincts of the County of Albemarle for electing five Burgesses for each Pre- 
cinct and the Precinct of Pamplico without the limits of Albemarle to the 



86 COLONIAL RECORDS. 



Southward in the County of Archdale was erected into a County by the 
name of Bath and empowered to send two Members to the Assembly. 

In 1705 Bath County was by an Order of a Council of the Proprie- 
tors Deputies divided into three Precincts by the names of Pamplico 
Wickham and Archdale each of which was by the said Order enipowered 
to send two Members to the Assembly. 

Some time after this the particular time not appearing the three afore- 
ment* Counties were by the succeeding Gov" appointed by the Proprie- 
tors erected into four Counties by the names of Beaufort Hyde, Craven 
& Carteret each of which sent two Members to the Assembly and in 
1715 two Towns were erected in tlie Southern District by the names of 
Bath Town and Edenton the first of which was empowered by an Act of 
the Legislature to send one Member to the Assembly. 

In the same year an Act was passed in North Carolina entitled an Act 
relating to the Biennial & other Assemblies which directed that each Pre- 
cinct in Albemarle County — viz: Chowan, Perquimans Pasquotank & 
Currotuck should send five Members to the Assembly and each Precinct 
in every other County or Counties then erected or thereafter to be erected 
to send two but this Act was repealed by Your Majesty in Council dated 
21 July 1737. 

In 1722 a new Precinct was by Act of Assembly erected out of the 
County of Albemarle called Bertie Precinct and empowered to send five 
Members to the Assembly as was Tyrrell Precinct in the year 1729. 

In 1729 the Crown purchased the Sovereignty of both Carolinas from 
the Proprietors and also |"" of the Property of the Lands which purchase 
was confirmed by Act of Parliament and in consequence thereof Your 
Majesty appointad a Governoi- of North Carolina with a power of call- 
ing Assemblies according to the Laws and usage of the said Province. 

It appears from the Journals of the first Assembly called after the 
Crown's jiurchase that tlie Assembly consisted of forty one Members, 
Viz: 

For Chowan Precinct .... 5 

Perquimans .... 5 

Pasquotank .... 5 

Currotuck .... 5 

Berty ..... 5 • 

Tyrrell 5 

Beaufort ..... 2 

Hyde . . , . . 2 

Craven ..... 2 

Carteret ..... 2 



COLONIAL RECORDS. 



«7 



Edenton 
Bath Town 
Xewbnrn 



1 
1 

1 
41 



During the administration of Gov' Burrington the first Governor the 
following Precincts were erected in the County of Bath by the Governoi-'s 
order, Viz : — New Hanover, Edgecombe, Bladen, and Onslow, the two 
last of which were confirmed by Act of Assembly in 1734. 

In 1733 Gabriel Johnston Esq" was appointed Governor of the Prov- 
ince and the first Assembly which met after his arrival was composed of 
49 Members Viz : 
For Chowan 



\_.nowaii 
Perquimans 








•J 

5 


Cnrrotuck 








. 5 


Pasquotank 
Bertie 








5 
5 


Tyrrell 
Beaufort 








5 
2 


Hyde 

Craven 








2 
2 


Carteret 








2 


Edgecombe 








2 


New Hanover 








^2 


Bladen 








2 


Onslow 








2 


Edenton 








1 


Bath Town 








1 


Newburn . 








1 



49 

In 1736 the Writs issued by the Governor for calling Assemblies 
which before that time directed the four Northern Counties to send each 
five Members were altered and they were directed to send not any par- 
ticular number, but Representatives only in general words. 

During the administration of Governor Johnston part of Bertie 
County was by Act of General Assembly erected into a separate County 
by the name of Northampton County & empowered to send two Rep- 
resentatives to the Assembly and the same Act directs that Bertie County 
for the future should send but three and at the same time Edgecombe 
County which iiad been erected by Gov. Burrington and had sent two 



COLONIAL RECORDS. 



Members to tlie Assembly was confirmed in that privilege bv Act of 
Assembly. 

In 1739 the Town of Wilmington was erected by Act and empow- 
ered to send one Representative to the Assembly and in 1746 a little 
before the passing of the Act in qnestion two other Counties were 
erected by Act of Assembly in the Southern District called Granville 
and Johnston and empowered to send each two Representatives. 

From the foregoing state' therefore it appears that at the time of pass- 
ing this Act the Province was divided into seventeen Counties and four 
Towns that four of these Counties in the County of Albemarle viz: 
Chowan, Perquimans, Pasquotank & Currotuck had from the first estab- 
lish' of an Assembly chosen each five Representatives that the other 
two in the same County viz : Bertie & Tyrrell had been empowered by 
the Acts by which they were erected to send the like number and did 
actually send the like number until Bertie County was limited to three 
by the Act which separated Northampton from it and that the other 
eleven Counties in the Southern District commonly called Bath County 
had never sent more than two each. 

Since the passing of this Act two other Counties have been erected by 
Act of Assembly in the Southern District by the name of Dupplin & 
Anson. 

As to the second point Viz: the necessity of a majority of the whole 
Assembly to constitute a quorum of the Assembly We most humbly beg 
leave to represent to Your Majesty, 

That by the Charter granted to the first Proprietors of Carolina 1(362 
they had a power of making Laws with the advice assent and approba- 
tion of the freemen of the said Province or of the greater part of tiiem 
or of their Delegates or Deputies and in a Declaration soon after pub- 
lished by the Proprietors setting forth the encouragement to be allowed 
to persons who should settle in the Province they declare that they will 
empower the major part of the Freeholders or their Deputies or Assem- 
bly men to be by them chosen out of themselves to make their own 
Laws. 

In 1663 when the County of Albemarle was first erected as has been 
already mentioned the Gov' of Virginia was empowered by the Proprie- 
tors to appoint a Governor & six Council who were to have a power by 
& with the consent & advice of the Freeholders or Freemen or the major 
part of them their Deputies or Delegates to make Laws. 

By the Instructions given to Gov' Stephens in 1667 to call an Assem- 
bly it was declared that they should have a power of ascertaining their 
own quorum provided it was not less than ^ of the whole number. 



COLONIAL RECORDS. 89 



By the Fundamental Constitntious it is declared that the quornin of 
the Parliament shall be one half of the Members. 

By the Instructions given to Col. Ijiidwell & his Successors in the 
Government Messrs. Smith & Archdale concerning Assemblies they are 
empowered with the advice & consent of the Deputies of the Proprietors 
the Landgraves and Cassiques and the Deputies of the Freemen or the 
major part of them to make & ordain Laws Statutes and Ordinances. 

It does not appear from any Books or Papers in this Office what was 
the regulation or usage with respect to the Quorum of the Assembly 
from the year 1694 to the year 1715 when the Biennial Law was passed 
by which it was enacted that a Quorum of the House of Burgesses 
should not be less than one half. 

It is to be presumed that this Rule was observed while tliis Act 
remained in force and it docs appear that at the first Assembly called by 
Mr. Burrington a majority of the Members was present the first dav of 
the Sessions and that on the first of .January 17.34 the first day of the 
meeting of the first Assembly called by Mr. Johnston the succeeding 
Governor he adjourned them on account of tliere not being a majority 
• present. 

As to the .3'* Point viz: the uianner of passing the Law We must beg 
leave humbly to represent to Your Majesty That it appears by the Jour- 
nals of the Assembly that the Assembly by which the Law was passed 
met first at Newbern on 12 -June 1748 and were prorogued to the 
28"" November to be then held at Wilmington that they met at Wilming- 
ton on the said day 14 Members being present when the Bill now in 
ijuestion was moved for and brought in & read and ordered to be sent to 
the Council the next day That on the next day it was received back and 
read a second time and that it was read a third time and passed the next 
day. 

This method of proceeding in passing tiiis Act is represented bv the 
Northern Counties as a design of the Governor to ensnare and entrap 
them the Town of Wilmington to which they were prorogued being 200 
miles front their habitations and where it was not possible for them to 
attend & that the 14 Members present were all of the Southern district 
as well as the Council which advised the Governor to take this step. 

That Your Maj. Governor of the said Province in order to show the 
propriety and necessity of the law & to justify his passing it acquaints 
us in a letter dated 9 March 1746 that the Northern Counties having 31 
votes out of 54 and being generally united under the conduct of a few 
designing men who found their account in keeping public affairs in con- 
fusion they had made the Governor & Council and the remaining Mem- 



90 ■ COLONIAL RECORDS. 



bers of no weight in the Legislature for they could not so much as meet 
unless tiiey thought fit to be present & after they were met if they did 
not like any Bill they withdrew privately and then the majority of Bur- 
gesses being absent no more business could be done so that the very 
being of Assembly depended on their whim and humour and not on the 
King's Writ and Governor's Proclamation and Prorogation. 

That this was no imaginary consequence but a real effect which has 
happened more than once within four years when he had waited with the 
Council for 3 or 4 weeks and been obliged to separate without doing any 
one thing. 

That when he prorogued the Assembly in June 1746 to tlie middle of 
November following then to meet at Wilmiugton they entered into a 
formal Agreement not to attend and to engage as many of tlie other 
Members as they could influence to stay at home. 

'rhe questions arising upon a consideration of the foregoing points 
were various and as great difficulty occurred to us upon each of them in 
point of law, as many Laws had been passed by Assembly who had sat 
and acted under the authority of the Law in question and proceedings 
had been had and judgments given by Courts established by Laws . 
passed by them We thought it our duty to state our doubts to Your 
Maj. Attorney & Solicitor General and to take their opinion upon them 
& having received their report We shall humbly beg leave to submit to 
Your Maj. judgment the several questions which occurred to us upon 
these points with their Answer thereto which are as follows 

Qu : Have all the six Counties viz: Chowan, Perquimans, Pasquo- 
tank, Currotuck Berty & Tyrrell or any of them or which of them a 
right to elect five Representatives to serve in the General Assembly 

Answer. Tho' the case seems very carefully & accurate!}- stated We 
are afraid of giving an official opinion upon so important rights where 
no question has arisen upon which the parties can have an opportunity 
to be heard In general as the four Counties first nan^ed from the first 
establishm' of an Assembly are said to have chosen each five Represen- 
tatives and the two Counties last named were empowered by the Acts of 
Assembly by which they were created to send each the like number and 
Berty County by a subsequent Act was limited to three We are at a 
loss to find out upon what foundation an objection is made to Berty 
County sending three and the rest five Representatives each. 

Qu : Is a majority of the Representatives necessary to constitute a 
quorum of the Assembly? 

Answer. It dont sufficiently appear to us that a majority of the Rep- 
resentatives is necessary to constitute a quorum of the Assembly. Such 
a constitution is very extraordinary and liable to great inconvenience 



COLONIAL RECORDS. 91 



Qu: Was the Law in question legally & properly passed? 

In answer to this Query Your Maj. Attorney & Solicitor General 
referred to an opinion which they had before given on this question viz: 
that the Act appeared to have been passed by management precipitation 
& surprise when only 14 Members were present and that it was of such 
a nature and tendency and had such effect and operation that the Gov' 
bv his Instructions ought not to have assented to it though it had passed 
deliberately in a full Assembly and that they were of opinion that the 
Act was not proper to be confirmed 

Qu : If it should be thought proper to repeal the Law can the Crown 
bv virtue of its own prerogative make any alteration with respect to the 
places which send Representatives to the Assembly or direct what num- 
ber of Representatives each place shall send? 

Answer. Tho' it may not be advisable for the Crown to impeach rights 
heretofore granted & enjoyed We think as the Province grows more peo- 
pled & cultivated the King may erect Towns & Counties and give them 
the privilege of choosing Representatives and to preserve the King's 
prerogative we think it ought rather to be done in this way than by Act 
of Assembly. 

Qu : If the said Law should be repealed Will the Acts of the Assem- 
bly of the said Province held in consequence of the said Act which Acts 
were subsequent to the passing of the said Act of 1746 but previous to 
the repeal of it become void & illegal by such repeal. 

Answer We apprehend the Acts of Assembly are good till repealed 
and consequently void only from notification of the repeal. 

Upon the whole as Your Maj. Attorney & Solicitor General seem to 
be of opinion that the Northern Counties have a right to seind each five 
Representatives and that the Act was not proper to be confirmed We 
shall without troubling your Majesty with any further observations upon 
it humbly propose that it may be repealed but in order to obviate the 
manifest inconvenience & prejudice which must arise to Your Maj. service 
and the interest of that Province from the pretended right which is claimed 
of having a majority in the Assembly to transact business which Your 
Maj. Attorney & Solicitor General are of opinion does not sufficiently 
appear to be necessary We would iiumbly propose that the Quorum of 
the Assembly should be fixed & ascertained by Your Maj. Instructions 
& limited to such a number as Your Maj. shall judge most proper and 
expedient and as it is represented to us that the number of the Assembly 
is now increased to sixty We humbly submit whether 15 may not be 
determined to be a proper quorum. 



92 COLONIAL RECORDS. 



We would further humbly propose that the Gov' should be forbid to 
pass any Law whereby the duration of the said Assembly should be lim- 
ited or ascertained or any other regulation made relative thereto eoutrary 
to Your Maj. rights & prerogative and that in order to remedy the incon- 
venience which may arise from one part of the Province having a larger 
proportion of Representatives in the Assembly than the other Your Maj. 
Governor should be instructed as the Province grows more peopled to 
erect such and so many Towns & Counties in the Southern District with 
the privilege of sending such a number of Representatives to the Assem- 
bly as that each different district or division a reasonable and just pro- 
portion And as Your Maj. Attorney & Solicitor General seems to be of 
opinion that the erecting Towns & Counties by Provincial Laws and 
giving them the power of sending Representatives is improper & incon- 
sistent with Your Maj. prerogative We would humbly propose 

That the following Laws which have been passed in the Province from 
time to time for erecting Counties Townships or Precincts and declaring 
what number of Members they shall send to the Assembly as also for 
regulating the Assembly & its proceedings be repealed And that Your 
Maj. Governor be directed to confirm the rights of the several Towns Pre- 
cincts or Counties by Charters of incorporation. 

The Acts relative to the above points are as follows 

An Act appointing that part of Albemarle County lying on the west 
side of Chowan River to be a precinct by the name of Bertie Precinct 
passed in 1722. 

An Act for incorporating the Sea Port of Beaufort in Carteret Precinct 
into a Township by the name of Beaufort passed in 1723. 

An Act to appoint that part of Albemarle County lying on the south 
side of Albemarle Sound & Morattuck River as high as the Rainbow 
Banks to be a Precinct by the name of Tyrrell Precinct passed in 1729. 

An Act to confirm & establish the Precincts of Onslow and Bladen 
and for appointing them distinct Precincts passed in 1 734. 

An Act for erecting the village called Newton in New Hanover 
County into a Town & Township by the name of Wilmington & regu- 
lating & ascertaining the bounds thereof passed in 1739. 

An Act for confirming Titles to the Town Lands of Edenton for 
securing the privileges heretofore granted to the said Town & for the 
further encouragement and better regulation thereof passed in 1740. 

An Act to confirm and erect that part of the Province called Edge- 
cumbe Cotmty into a County by the name of Edgecumbe County and for 
establishing the said County a Parish &c. passed in 1741. 



COLONIAL RECORDS. 93 



All Act for erecting the upper part of Bertie County into a County by 
the name of Northampton County and for regulating the limits between 
Society Parish and the North West Parish of Bertie &c. passed in 1741. 

An Act to regulate elections for Members to serve in General Assem- 
bly for the several Countys to declare who shall be qualified to vote in 
the said election &c. passed in 1743. 

An Act for erecting the upper jiart of Craven County into a County 
& Precinct &c. passed in 1746. 

An Act for dividing Edgecumbe County & Precincts and for erecting 
the Upper part thereof into a County and Parish by the name of Gran- 
ville County &c. passed in 1746. 

An Act for erecting the Upper part of New Hanover County into a 
County and Parish by the name of Dupplin County &c. passed in 1749. 

An Act for erecting the upper part of Bladen County into a County 
& Parish by the name of Anson County &c. passed in 1749. 

The next Act we shall beg leave to lay before Your Majesty is entitled 
An Act for forming a rent roll of all the Lands holden in this Province 
for quieting the inhabitants in their possessions and for directing the 
payment of quit rents passed in 1748. 

This Act appears to us to be of a very extraordinary nature & very 
greatly to affect Your Maj. prerogative & revenue & the rights of Your 
Maj. subjects. 

But before we proceed to state the provisions of it or make any observa- 
tions thereon We shall humbly beg leave to lay before Your Majesty a 
detail of the several regulations which have been made with respect to 
Grants of Land & Quit Rents in the Province from the first granting of 
the Charters to the Proprietors which appears to be absolutely necessary 
in order to the clearly understanding upon what Titles & under what 
conditions the inhabitants hold their Lands & consequently forming a 
proper judgment on this Act. 

By the declaration of privileges published by the Proprietors of Caro- 
lina soon after the date of the Charter every person going to settle there 
was to have 100 acres of land for himself 50 for every servant capable 
of bearing arms and provided with a fire lock & sword and 20 for every 
woman servant and to pay i'' per Ann : per acre quit rent. 

In 1667 the Governor of Albemarle was directed to make Grants of 
Laud within his Province upon the following conditions viz: every 
Freeman or Freeworaan being Master or Mistress of a Family was to 
have 60 Acres for themselves 60 for every man servant capable of bear- 
ing arms and 50 for every other servant and every servant was to have 
50 Acres for themselves at the expiration of their servitude and all 
Grantees of Land were to pay l^ per ann : per acre quit rent. 



94 COLONIAL KECORDS. 



In 1668 the Proprietors by an Instrument under their Hands & seals 
dated 1" May which Instrument has since been commonly called by the 
name of the Great Deed of Grant declared that the inhabitants of Albe- 
marle should hold the Lands to be granted to them under the foregoing 
proportions upon the same terms & conditions that Land was then act- 
ually granted in Virginia upon which [most] was at 2" per every hundred 
Acres. 

This Instrument upon which the inhabitants of Albemarle county do 
to this day lay great stress appears however to have been only a tempo- 
rary power of Attorney to the Governor of Albemarle revocable at 
pleasure & this not only from the nature of it but also from different 
regulations being soon after established with respect to the conditions 
upon which Grantees were to hold the Land for by the Instruction given 
to the Governor of Albemarle by the Proprietors in 1679 he was directed 
in all Grants to reserve a rent of one penny per acre per annum and to 
allow 60 acres of land to every settler above the age of 16 the like 
quantity for every servant capable of bearing arms and 50 for every 
other servant. 

By the Instruction given to Col. Liidwell who was appointed Gov' 
of all Carolina in 1691 as has been already mentioned, he was impow- 
ered to sell Laud in the following manner viz 6,000 Acres to any per- 
son upon payment of one shilling per acre in pieces of eight at 5 shil- 
lings per piece. 

The like power of selling Land was given to Gov. Archdale in 1694 
reserving however a rent of one shilling for every hundred acres per 
annum with an allowance to receive the rent in commodities if money 
could not be had The price fixed by the Proprietors upon the sale of 
land was £20 for every thousand acres near the sea and £10 per 1000 
higher up in the Country. 

The said Governor had likewise a power of granting lands reserving 
a quit rent of ^^ per acre per ann : upon all lands to the Southward of 
Albemarle County. 

Sir Nathaniel Johnson who was appointed Gov' of Carolina in 1702 
had the like power of selling & granting lands upon the same terms & 
conditions. 

In 1708 the Proprietors directed their Governor to let lands at i'' per 
ann : per acre but no one person to have more than 640 acres. 

The power given by the Proprietors to their Governors of selling & 
letting Lands having been greatly abused by them they came to a reso- 
lution that no more land should be sold or granted but by themselves 
at their Board in London This resolution was accordingly sigiu'fied to 



COLONIAL RECORDS. 95 



the Governor but was soon after receded from by the Proprietors and 
tlie Ivand Office in Carolina for selling & granting of land again opened 
to tiie people but the Governors still continuing to abuse their ])()\vers to 
the injury of the Proprietors they in the year 1715 ordered it to be 
again shut np and that no Land should be disposed of but by them- 
selves in London. 

Notwithstanding this injunction from the Proprietors to the Governor 
not to sell or grant any more lands it appears that in the year 1724 the 
then Gov'' & Council gave leave to people to take up lauds in the 
County of Bath upon condition of paying .3' for every hundred acres 
and cultivating the lands in two years. 

And a few years after this about the time of or soon after the Crown's 
purchase of Carolina Sir Rich. Everard then Governor for the Proprie- 
tors made large Grants of Land to the amount of 400,000 Acres at the 
rate of £20 for every 1000 Acres upon the pretence of raising money 
to pay tiie expense of running the Bouudary Line between North Caro- 
lina and Virginia the charge of which did not amount to more than 
£2000 & therefore he ought not at that rate to have granted more than 
100,000 acres. Before the aforementioned Grants it appears that he 
also granted 167,611 acres at 6'' per hundred acres 91,752 acres at 2" per 
liundred acres and 30,582 acres of land lapsed for want of cultivation. 
We must likewise beg leave humbly to represent that it appears that the 
Patents for the 400,000 acres were issued in a most shameful & improper 
manner beiug drawn up signed & sealed in due form but the persons 
names the number of acres the description of the Boundary & the sums 
paid for them left blank and so issued from the Secretary's Office just as 
the Clerk or other Officer thought proper without any previous survey 
which was essentially requisite to make the Grant valid. 

This irregularity gave rise to such endless & exorbitant frauds tiiat it 
has not been possible at this day to come to any exact knowledge of the 
state of these Grauts 

By the Act of Parliament passed in 1729 for establishing the Crown's 
purchase of the Carolinas from the Proprietors there is an exception as 
to all Grants made antecedent to the 10 Jan'^' 1727 whereupon several 
of the possessors of these Grants filled up the Blank antecedent to that 
date which is fully proved from a great number of grants of 1725 & 
1726 being entered in the Records after Grants of the years 1729 & 
1730. 

By the instructions given to Mr. Burrington appointed Gov' of North 
Carolina after the Crown's purchase he was directed to give his assent to 
an Act for remitting the arrears of quit rents due to the Proprietors 



96 COLONIAL RECORDS. 



which by the deed of sale were made over to the Crown provided that 
by the same Act all Possessors of land in the Province did register their 
respective Grants i)y which they claimed such lands in the Auditors 
Office and that every person possessing land by virtue of grants from 
the Lords Proprietors should for the future ])ay the annual quit rents 
reserved upon such Grants and that the salaries & fees of all Officers 
should for the future be paid in Proclamation money. 

The Gov' was likewise directed to get an Act passed for enforcing 
cultivation within a reasonable time and he was empowered to grant 
lands upon the following conditions Viz: 50 Acres for every white or 
black man Woman or Cfiild of which the Grantees family should con- 
sist at the time of making the Grant and he was to take care in laying 
out the lands where they laid contiguous to a river that not above J of 
the land bordered upon the river that is that there should be four chains 
in depth ba,ck wards for every chain in front leaving a free passage for all 
to aud from the river & the quit rent reserved upon all lands was to be 
4' Proclamation money upon every 100 Acres. 

This last provision of paying the quit rents in Proclamation money 
the people have never yet been brought to comply with alleging that by 
a Provincial law they were at liberty to pay them in commodities at a 
certain rate and tho' a quit & a Register law was soon after Mr. Bur- 
rington's arrival passed by the Assembly yet as it allowed the people to 
pay the quit reuts in rated commodities it was for that & other objec- 
tions made to it rejected by the Council after which nothing vvas done 
either with respect to registering the Grants or any other matter which 
Mr. Burrington was directed by his Instructions to endeavour to settle 
arising from the want of harmony & agreement between the diffiarent 
brauehes of the Legislature aud the disputes and controversies among.st 
the other Officers of the Crown. 

In 1733 Mr. Johnston was appointed Gov' of this Province with 
the same instructions as to the obtaining a Register Act inforcing cul- 
tivation granting of lands aud the quit rents to be reserved thereon as 
were given to his predecessor Mr. Burrington and with particular Listruc- 
tions to examiue into the state of the Blank & other Patents Granted 
by Sir Richard Everard since the year 1728 and to transmit an account 
thereof and if he found any Grants which had not passed thro' the essen- 
tial & requisite forms he was to cause prosecution to be made by the 
Attorney General for vacating such of them as had been fraudulently 
obtained and as it had been represented that the reason why the quit 
rents of North Carolina were not duly ascertained & collected was be- 
cause the Officers of the Crown did not receive proper encourage' for 



COLONIAL RECORDS. 97 



their trouble Your Majesty was graciously pleased by your Royal Sign 
Manual in Sept. 1733 to make the following establishment of Salaries 
payable annually out of the revenue of quit rents, viz: 

To the Governor 1000 

Auditor. 100 

Chief Justice 70 

Baron. 40 

Surveyor General. 4() 

Secretary 70 

Attorney General 80 

Clerk of the Crown 25 

Charges of the Exchequer Court 30 

Armed with these Instructions and encouraged by so large an addi- 
tional sujiport Mr. .lohnston did erect a Court of Exchequer with a view 
to carry on prosecutions therein against the forementioned irregular & 
fraudulent Patents he likewise transmitted a state of these Patents with 
a copy of the Grand Deed from the Proprietors to the people of Albe- 
marle in 1668 and the Acts relative to rated Commodities upon which 
the people founded their claim to pay their Quit Rents in such commodi- 
ties all which were in 1736 referred to His Maj. Attorney & Solicitor 
General for their opinion. 

As the state of this case contains nothing more than what has already 
been set forth We shall not trouble Your Majesty with a repetition of 
facts, But as this matter is of great consequence with respect to any 
future regulations which may be made relative to these points We hum- 
bly beg leave to insert the questions stated to the Attorney and Solicitor 
General with their Answer to each question. 

1" Question — Whether any of the Patents grauted after the Proprietors 
had ordered the Land Office to be shut up can be deemed valid other 
than such as \vere granted by order in London? 

Answer — We ai'e of opinion that such Patents may be good notwith- 
standing that' order to shut up in the Land Office if the Lords Proprie- 
tors were either made privy to those Grants or after they were made 
received the consideration for them otherwise we think they cannot be 
supported. 

2'' Question — -Whether such Patents as were granted after the King's 
purchase by the Lords Proprietors Governor before the new Governor 
arrived from the Crown particularly such as appear to have been entered 
in the Secretaries Books after advice received in the Province of the 
King's purchase are to be deemed good? 
Vol. 5—5 



98 COLONIAL RECORDS. 



Answer — We are of opinion tliat none of the Patents mentioned in 
this 2* Question can be deemed good. 

3"* Question — Whetlier as the Act of Parliament made upon tlie 
Crown's purciiase from the Lords Proprietors & what clause in it that 
was for quieting possessions of Grants takes notice of such only as bore 
dat€ 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 expense of running the Boundary 
line if the Crown in such case ought not to bear that expense? 

Answer — We think it proper to observe that the clause referred to in 
tills Query does not put it upon the Patents bearing date but being actu- 
ally made before 1" Jan''^ 1727 & considering tiie extraordinary circum- 
stances attending these Grants and that the Crown had no notice of them 
at the time of the purchase there is great reason for strict enquiry into 
the validity thereof and to avoid them for such irregularities But as those 
•that were granted for defraying the expense of the Boundary Line seem 
to stand in a much more favorable light We think it reasonable some 
indulgence should be shown to such Purchasers by regranting on the 
terms of the purchase what they or their Assigns have actually cultivated 
and by repaying a portion of the consideration money for the rest. 

4* Question — Whether such Patents as were drawn up and signed 
with Blanks and not registered in the Secretary's Office for some years 
afterwards shall be deemed good and if their not being registered is not 
an evidence of fraud ? 

Answer — We are of opinion that in general such Patents as were exe- 
cuted with such Blanks as are mentioned in the case tho' filled up after- 
wards are void, But if they have been attended with a long possession & 
not obtained fraudulently or irregularly in any otiier i-espect We think 
thev ought to be now supported And as to the circumstance of not being 
registered in the Secretary's Office for some years afterwards it not being 
stated how far or within what time such Register is necessary to the val- 
idity of such Grants nor for how long it was neglected We cannot form 
any judgment what influence that will have upon the Patents. 

o* Question — Whetlier such Patents as were given out without any 
description of the Boundaries and not preceded by regular Surveys 
retui-ned into the Secretary's Office are to be deemed valid ? 

Answer — We are of opinion that the want of the description of the 
Boundaries or of preceding regular surveys is not of itself sufficient to 
destroy such Patents unless such circumstances were the known requisites 
necessary to such Grants & even in that case if the Proprietors have had 



COLONIAL RECORDS. !)!i 



the consideration <Sz the lands havo been enjoyed accordingly without Iraiul 
we think such Grants ought to be deemed valid. 

(j* Question — Whether those Grants issued by virtue of Warrants that 
had lain by many years are to be deemed good notwithstanding the 
(rrants assigned them were taken out irregularly and particularly those 
after 1727. 

Answer — We are of opinion that the circumstance of there iiaving 
been warrants before the Grants issued is not of itself sufficient to sup- 
port Grants that would otherwise be irregular & void tho' upon the gen- 
eral question of fraud that circumstance may probably be of service to 
the Grantees according to the particular circumstances of each case 
whether such Grants issued before or after the year 1727. 

7* Question — As it is alleged by the Governor that many of tiie ])e()])le 
that hold lands by virtue of the Patents formerly granted under tiie Lords 
l^rop" possess much greater quantities than they ought to hold by the 
words of the said Grants Has not the Crown the power to resurvey such 
lands? and in case any fraud should appear what steps must the Crown 
take to recover its right? 

Answer — We are of opinion that whoever possesses a much greater 
quantity than they ought to hold by the words of a Grant made since 
Jan'^ 1727 is liable to have the same resurveyed on behalf of the Crown 
But as to Grants made before 1727 upon surveys actually made, we 
apprehend (if they were otherwise good in law) they are excepted by the 
Act 2 Geo. 2^ out of the sale to the Crown and therefore not liable to be 
now resurveyed And as to such cases wherein a resurvey is proper and 
yet the Grants are valid in law We are of opinion that the proper way 
is by 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 oft' for the benefit of the Crown. 

8"" Question — In case any of these Grants appear to be voidable in 
law what is the proper method to have the same vacated? 

Answer. We are of opinion that the proper method for the Crown 
to recover its right except in the instances mentioned in the answer to 
the last question is by an information of intrusion in the proper Court 
in the Province & in case of error thereby appeal to His Majesty in 
Council. 

This state of the case with the questions upon it and the Answers 
thereto were transmitted by this Board to Mr. Joiinston for his guidance 
and direction and several ineti'ectual methods were tried by him ftr ob- 
taining a quit Rent & Register Laws conformable to his Instructions 
but without success the people strenuously insisting upon paying tiie 
quit rents in rated commodities 



100 COLONIAIv RECORDS. 



At length however in 1738 he gave his assent to two Acts the one 
entitled An Act for providing His Majesty a Rent roll for sccnring His 
Maj. qnit rents for the remission of arrears of quit rents and for quiet- 
ing the inhabitants in their possessions & for the better settlement of 
His Maj. Province of North Carolina the other entitled An Act declar- 
ing what shall be deemed sufficient cultivation of lands already granted 
or to be hereafter granted by His Majesty & for ascertaining the manner 
of granting lapsed lands. 

By the first of these acts great room was left for frauds upon the 
Crown in registering of grants & too great a power was given to the 
Gov' & Council in matters determinable in the ordinary course of law 
It likewise admitted of the quit rents being paid in paper money or 
rated commodities & empowered the Governor Council Attorney General 
Receiver Gen' & an equal number of the House of Burgesses to regulate 
the course of exchange annually wliicli last clause was complained of by 
the Merchants. 

As to the second Act the method prescribed for enforcing cultivation 
appearing to be improper & liable to be evaded by the Planter who 
might be thereby released from the terms and conditions on which they 
received their Grants this Act together with the one was disallowed by 
Your Majesty & repealed by Your Maj. Order in Council dated 27 day 
of November 1740. 

Soon after the repeal of these Laws Your Majesty was graciously 
pleased by your Order in Council dated 14"" day of August 1740 to 
make certain new Regulations with respect to the method of granting 
lands in both Carolinas and to direct that all persons petitioning for 
lands should ])revious to the obtaining a Warrant thereon prove their 
right before the Governor & Council when at least four Members of the 
Council should be present not having any concern or interest in the 
lands petitioned for, and that if the lands so petitioned for were granted 
the Warrants for granting the same should be drawn up & signed 
by the Governor in Council & made retui-nablc by the Surveyor within 
twelve months at furthest from the date thereof & that a particular 
description of the lands so petitioned for be inserted in the Warrants 
and that before the Warrants should be delivered to the Surveyor a Doc- 
quet thereof should be entered in the Auditor's Office there and that in 
default of any of tiie said particulars being observed the said Grants 
shoidd be void That when the \\'arrants should be returned the Grants 
to be made in due form exjjressing the terms & conditions upon which 
the Warrants were issued & the lands surveyed That the said Grants 
shduld be I'egistered in six mouths from tlie respective dates in tiie Secre- 



COLONIAL llECORDS. 101 



tary's Office and a Docqnet thereof in tlie Auditor's Office and on default 
the Grants to be void : Copies of all which entries were to be transmit- 
ted to this Board & to the Coniniiss" of Your Maj. Treasury witiiin 
twelve months from the date of them. 

Notwithstanding these & the former Regulations establislied by Your 
Maj. Instructions, notwithstanding tiie great encouragement given to the 
Officers by the aforementioned establishment little care has been taken 
to improve and ascertain the revenue of Quit Rents & there is great 
reason to believe that great irregularities have been committed in the 
manner of granting lands, it appears by an account of the annual receipt 
of Quit Rents in North Carolina from the year 1741 to the year 1748 
inclusive that the receipt of the four first years of that time from 1741 
to 1744 amounted to £4003.1.2'' and the receipt of the four last years 
from 1745 to 1748 inclusive to no more than £1261.7.1. which at a 
medium is £323. 6. 9J per ann : and very large sums appear to be due to 
the late Governor and to all the other Officers which must be dis- 
charged before the Salary of the present Governor can take place & who 
must therefore unless his salary be paid out of some t>ther fund remain 
for many years without any support. 

The great decrease in tlie Quit Rents of the Province must not be 
here entirely imputed to the want of a Quit Rent law another great 
cause of that decrease is the Grant made by Your Majesty to the Earle 
Granville in 1744 of all that part of the Province which lyes between 
the Northern boundary next Virginia and the latitude of 35 degrees 34 
minutes to the South with the arrears of Quit Rents annual rents issues 
& profits thereof in lieu of his Title to & interest in one |^ part of both 
Provinces which said Tract of land is more than one half of tiie Prov- 
ince of North Carolina. 

We come now to consider the law in question whereupon we iiuist 
humbly beg leave to represent 

That the first clause in the Act directs that all lands holden in the 
Province by any Grants or Titles whatsoever under the Lords Proprie- 
tors shall be registered in the manner thereby directed within twelve 
months under the penalty of Five Pounds 

Upon this occasion we think it our duty to observe that this clause 
appears to us in every light the most partial and the most improper that 
could have been framed in a Bill which by the Title of it appears to be 
general for as it does not extend to lands granted by the Crown it can 
neither operate as a mode of security to the Grantees nor as a Regulation 
for the better ascertaining the Revenue and as the quantity of lands in 
that part of the Province whicii now remains in his Majesty held under 



102 COLONIAL RECORDS. 



Grants from the Propriet" is veiy inconsiderable there is greater reason 
to believe that this law was partially ealciilated to take effect in one part 
of the Province only. 

That by this Act all Patents register'' in the manner thereby prescribed 
will become valid and there is a clause which declares 20 years possession 
to be a good Title without any exception to fraudulent or irregular pat- 
ents granted by Sir Richard Everard after the Crown's purchase com- 
monly called the Blanlv Patents. 

.It likewise admits of the Quit Rents being paid in Commodities at a 
certain rate wiiich is contrary to Your Maj. Instructions whereby the 
Quit rents are directed to be paid in Proclamation money. 

For these reasons We humbly beg leave to lay this Act before Your 
Majesty for Your Maj. disallowance & to propose in the place of it such 
regulations with respect to Grants of Land & the Quit Rents within 
Your Maj. said Province as appear to us to be for Your Maj. interest the 
increase of _your Revenue and the welfare & better settling and improv- 
ing the Province of North Carolina 

That one hundred acres be granted to every person being Master of a 
family for himself and fifty acres for every white or black man woman 
or child of which his family shall consist at the actual time of making 
the Grant subject to the payment of a quit rent of 4 shillings Proclama- 
tion money per ann : for every hundred acres granted. 

That every Grantee upon having proved that he has fulfilled tiie terms 
& conditions of his Grant shall be entitled to another Grant according 
to the foregoing provisions. 

That the Grantee be obliged by the terms of his Grant to clear & cul- 
tivate at the rate of five acres in every year to every hundred contained 
in his Grant in failure of which the Grant to be void and that tiie pay- 
ment of the Quit rents do commence within two years from tlie date of 
the Grant on failure whereof the Grant to be void. 

Tiiat all persons having intention to apply for grants appear liefore 
the Governor and at least four of the Council not having any interest in 
the lands applied for in order to prove their rights upon oath. 

That upon due proofs of such rights the Governor do sign a Warrant 
for making out such Grants accordingly. 

That a Docquet of the Warrant be entered in the Auditor's Office. 

That the said Warrant be delivered to the Surveyor General with 
orders to make a survey of the lands & to return the Warrant within 
si* mouths with an exact description or Plan of the lands mentioned 
therein. 



COLONIAL RECORDS. 103 



That upon the return of tlie Warrant a Patent be made out in due 
form conformable to the foregoing conditions which are to be fully 
expressed in the aforementioned Warrant. 

That the said Grant shall be registered within six mouths from the 
date thereof in the Secretary's Office and also an entry made in the 
Auditor's Office copies of which entries & registers to be transmitted to 
the Ijords of the Treasury & to this Board within six months from the 
date thereof 

That every person be obliged to give security not to enter upon or 
cultivate his land until a Patent for the same be finally completed & 
entered as aforesaid. 

That the Governor do immediately upon his arrival direct a strict 
examination into the state of all Warrants& Grants of land as well 
such as were made by the Proprietors as those since the Crown's pur- 
chase within that part of the Province the property of which remains in 
Your Majesty as also into the accounts of the Collectors Receivers & 
Auditors of the Revenue in order to make out an exact account of the 
Quit Rents which have been paid or still remain due to Your Majesty 
and that a full state of the whole be transmitted home to be laid before 
Your Majesty 

That all Grants as well from the Lords Proprietors as from Your 
Majesty be registered & that it be recommended to the Gov' to get a 
proper law for that purpose. 

That all persons having lands under Grants from the Proprietors 
before the P' of January 1727 be obliged to produce their Titles before 
the Gov'' in Council & if it shall appear tiiat the Grantees are in posses- 
sion of more land than is expressed in their Grant be required to take 
out fresh Grants for such surplusage subject to a quit rent of four shil- 
lings Proclamation money for every hundred acres and in case of refusal 
to comply with this condition that an information be lodged 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 otf for the 
Ijenefit of the Crown. 

That where the original Grants are lost or destroyed & full proof of 
such Grants cant be made nor of their tenor & condition such person be 
permitted to take out a new Grant for the land so claimed subject to the 
aforementioned Quit Rent of four shillings Proclamation money for 
every hundred acres & all the conditions of a new Grant 

That such as can bring full proof of their having Patents from the 
Proprietors before the 1" Jan'^ 1727 & of the terms & conditions of the 
Patents be permitted to hold the lands upon the same conditions upon 
which they were first granted tho' the Patents be destroyed or lost. 



104 COLONIAL RECORDS. 



Persons holding lands from the Proprietors since the lO"" Jan'^ 1727 
to have new Grants upon the terms & conditions prescribed by the In- 
strnctions the land to be subject to a resurvey or upon refusal to admit 
a resurvey the land to be forfeited. 

All persons possessed of Warrants for lands who have entered there- 
upon without a proper Grant to be obliged to complete their Grants con- 
formable to the foregoing Regulations in failure whereof the Governor 
to regrant such lands to any other persons applying for the same. 

All Persons who have obtained Grants and have not yet entered upon 
their lands or cultivated them to be obliged to enter upon and cultivate 
the same within six months after proper notice given in failure of which 
the Grants to be void. 

All Grants irregularly made since the Crown's purchase in a manner 
contrary to or inconsistent with the former instructions to be declared 
void and the Grantee to be obliged to take out new Grants u[)on the 
foregoing terms & under the foregoing regulations. 

In the year 1736 Your Majesty was graciously pleased to direct that 
one million two hundred thousand acres of land should be set out & 
granted to Henry M'Culloh and others his Associates for the settling of 
Foreign Protestants upon the following terms & conditions That they 
should settle one white person for every two hundred acres within ten 
years from the date of the Grant & also at the expiration of that time to 
pay four shillings Proclamation money for every hundred acres. 

It appears from an examination into the state of. this Grant that in 
consequence of this order the Petitioners did take out 96 Grants making 
in the whole one million two hundred thousand acres of which about 
four hundred & seventy five thousand is included in that part of the 
Province claimed by the Earl of Granville and the remaining quantity 
of seven hundred & twenty five thousand to the southward of his Lord- 
ship's line upon which according to the terms of the Grant there ought 
to have been three thousand six hundred and twenty five people settled 
but of which there are no more than eight hundred & fifty four actually 
settled; the Grantees however have three years remaining from the date 
of their Grant to complete the settlement in the proportion of one per- 
son for every two hundred acres. 

As the making exorbitant Grants of lands in this Province to persons 
who want ability to cultivate & improve them has been of great preju- 
dice to Your Maj. service & interest We thought it our duty to enquire 
into the state of this Grant to the end that Your Maj. might give such 
instructions to Your Gov' concerning it as should appear to Your Maj. 
to be necessary and proper And we would humbly propose that Your 



jT 



COLONIAL RECORDS. 105 



Maj. Governor should be instructed tliat when the term allowed the Peti- 
tioners to complete their settlement is expired he should accept of a sur- 
render from the Grantees of such part as shall not be settled according to 
the foregoing proportion of one person for every two hundred Acres and 
empowered to regrant such land so surrendered to any other persons 
applying foi' the same And that the present Grantees shall be released 
from the condition of being obliged to pay quit rent for such land so 
surrendered taking care however that proper measures are taken to secure 
the payment of the quit rents upon such part as shall be settled by ad- 
mitting the Possessors holding under Grants or Leases from the original 
Grantees or Proprietors to attorn to the Crown for payment of their 
Quit Rents and to register the Grants by which they hold their lands. 

And as complaint has been made to us by Mr. M°Culloh that he has 
been greatly disturbed & molested in the quiet possession of his Grant 
by the late Gov' & others acting under his authority who have taken 
upon them to grant to other persons lands before set out & granted to 
him pursuant to Your Maj. Order We would humbly propose that an 
Instruction should be given to the Governor to maintain & support the 
said Grantee & his Associates in their just & legal rights & in the quiet 
possession of their lands. 

These rules and i-egulations if properly carried into execution will we 
hope in some measure restore & establish Your Maj. rights so long neg- 
lected & abused and put Your Maj. Province upon a better foot than it 
hath hitherto been but in order to enforce these Regulations to render 
them effectual and secure Your Maj. rights it will be necessary that the 
Governor should be instructed to establish a Court of Exchequer with 
all the necessary powers rights & privileges incident to such Court with- 
out which there is reason to fear these or any other Regulations Your 
Maj. might think it advisal)le to make would be greatly if not entirely 
ineft'ectual there being no Court established in this Province vested with 
the proper powers for taking cognizance of matters relating to Your 
Maj. revenue. 

If Your Maj. shall be pleased to approve of the foregoing Regulations 
We would humbly propose that Instructions should be given to Your 
Governor of this Province conformable thereto and that the following 
Laws which have been from time to time passed in that Province which 
contain Regulations with respect to the granting or surveying of lands 
payment of quit rents and do any ways affect Your Maj. prerogative & 
revenue be repealed, Viz: 

An Act to put in force in this Province the several Statutes of the 
Kingdom of England or South Britain therein particularly mentioned 
passed in 1749 



106 COLONIAL RECORDS. 



It would be needless to trouble Your Maj. with the numberless objec- 
tions arising to so extraordinary an Act as this is And we hope it will 
be sufficient for the present purpose to observe that there is a clause in it 
declaring all the Statute Laws in this Kingdom which are not therein 
enumerated & made of force (such only excepted which relate to or con- 
cern His Maj. Customs & the Acts of Trade & Navigation) not adapted 
or applicable to the constitution of that Province As none of the Laws 
of England relative to any branch of the Revenue upon which the 
Courts of Exchequer & other Courts where Your Maj. rights are plead- 
able do proceed are enumerated in this Act but on the contrary the Courts 
of Justice are restrained by this Act from taking any notice of or carry- 
ing into execution any Laws not mentioned in it the power & authority 
of a Court of Exchequer or any other power or authority Your Maj. 
mav at any time think proper to give to the Courts of Judicature in this 
Province with respect to Your Revenue will be restrained & ineffectual 
while this Act remains in force. 

An Act to direct the disposal of goods taken upon execution & for the 
better regulating of distresses hereafter to be made for levying of quit 
rents passed in 1715. 

This Act directs that goods taken upon execution for taxes or quit 
rents if not redeemed within ten days shall be appraised by four sub- 
stantial freeholders of the County. This we apprehend to be an im- 
proper & inadequate method inasmuch as the Appraiser may from con- 
nexion or from a consideration that the same thing may some time or 
other happen to himself be prompted to appraise them at an exorbitant 
rate and by this means debts due to Your Majesty in sterling or Procla- 
mation money may be paid off in commodities of little or no value and 
entirely useless to the public receiver. 

An Act for preventing disputes concerning Lands already surveyed 
Passed in 1715. 

This Act declares that all surveys already made & Patents granted by 
any preceding Governors whatever shall be good & valid & establishes 
Regulations with respect to resurveys inconsistent with those which we 
have before proposed. 

An Act to regulate divers abuses in tiie taking up of lands and to 
ascertain the method to be observed from henceforth in taking up & sur- 
veying Lands. Passed in 1715. 

This Act contains Regulations with respect to the method to be observed 
in taking up & granting Lands in this Province totally different from 
the Orders & Instructions which have been given from time to time by 
Your Maj. relative to the granting of Lands and allows any person to 
take up 640 acres without limitation. 



COLONIAL RECOEDS. 107 



Au Act for granting an aid to His Majesty to defray the expences of 
transporting tiie several troops enlisted in His Maj. service in this Colony 
and to ascertain the method of paying all taxes and Levys in Commodi- 
ties and for other purposes therein mentioned Passed in 1740. 

This Act allows of all public taxes debts due upon executions &c to 
be paid in Commodities at a certain rate which method has been found to 
have been attended with great inconveniences and open to great fraud & 
abuse and has been disapproved of by your Maj. in other Colonies 

An additional Act to an Act entituled An Act for forming a Rent 
Roll of all the Lands held in this Province for quieting the inhabitants 
in their possessions and for directing tiie payment of Quit Rents. Passed 
in 1749. 

An Act to repeal part of a Clause in an Act intituled an Act for form- 
ing a Rent Roll of all the Lands holden in this Province and for direct- 
ing the payment of Quit Rents. Passed in 1750. 

We shall now beg leave to lay before Your Maj. our observations upon 
such other Acts of this Province as are not relative to anj- of the forego- 
ing points but which appear to us improper and unnecessary. 

An Act concerning Escheat Lands and Escheators. Passed in 1715. 

This Act establishes Regulations with respect to the manner of grant- 
ing and disposing of Escheated Lands contrary to Your Maj. Instruc- 
tions to Your Governors in the Plantations relative to Escheats and 
inconsistent with Your Majesty's rights. 

Public Treasurers to give account Passed in 1715. 

This Act directs that all persons who formerly have been now are or 
hereafter shall be Treasurers Collectors or Receivers of Public money 
raised by the authority of the Assembly shall be accountable to the 
Assembly or such Commissioners as shall be appointed by the authority 
of the same and to no other person or persons whatsoever which We 
humbly apprehend to be injurious to Your Maj. rights and prerogative 
and contrary to Your Maj. Instructions to Your Governors of this and 
the other Colonies 

An Act for establishing the Church for appointing Parishes and the 
method of electing Vestries and for directing the settlement of Parish 
accounts throughout the Govern' Passed in 1741. 

This Act deprives Your Majesty of your just and undoubted right 
to the Patronage and Advowson of all Churches and Chapels in this 
Province and vests them in a select Vestry of Twelve Freehoklers which 
Vestry is also empowered to determine the quantum of the Minister's 
stipend or salary and to withdraw it at pleasure. 



108 COLONIAL RECORDS. 



An Act to fix a place for the seat of Govevnuieut & for keeping pub- 
lic Offices for appointing Circuit Courts and defraying the expence 
thereof and also for establishing the Courts of Justice and regulating 
the proceedings therein. Passed in 1746. 

This Act having been passed at the same time and under the same- 
circumstauces as the Law for ascertaining the number of Representatives 
first mentioned in this Representation We thought it our duty to refer 
it with that Law to Your Majesty's Attorney & Solicitor General who 
reported to us that this as well as the other Law appear to have been 
passed by management precipitation & surprise when very few Members 
were present and was of such nature & tendency & had such effect & 
operation that the Governor by his Instructions ought not to have as- 
sented to it though it passed deliberately in full Assembly 

Besides the Objections made by Your Majesty's Attorney & Solicitor 
General to the manner of passing this Law there are We humbly appre- 
hend other objections to the matter of it not stated by them. The fixing 
the seat of Government and establishing Courts of Justice are acts of 
Sovereignty which belong to Your Majesty alone & therefore ought not to 
have been done by Act of Assembly nor is it in any degree a justification 
of this measure that the gi'eat inconveniency & confusion occasioned by 
the want of a seat of Government and of proper Courts of Justice made 
it absolutely necessary to pass this Law since the same thing might have 
been done by the sole act of the Governor and Council We would there- 
fore humbly propose that this Act should receive Your Maj. disallowance 
and tliat the Governor be directed to establish such and so many Courts 
of Justice as shall appear to be necessary and proper for the better 
administration of justice and to consider of the most convenient place 
for the seat of Government and to make a Report thereof to Your Maj- 
esty for Your Majesty's further directions therein. 

All which is most humbly submitted 

DUNK HALIFAX JAMES OSWALD 
J. GRENVILLE ANDREW STONE 

Whitehall March 14"" 1754 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 34.] 

Cape Fear, North Carouna, March 19"" 1754. 
My Lords, [of the Board of Trade] 

I received a letter from the Earl of Holdernes.se dated the 28"" of 
Augu.st last informing me of the march of a considerable number of 



COLONIAL RECORDS. 109 



Indians not in alliance with His Majesty supported by some regular Eu- 
ropean Troops intending as is apprehended to commit some hostilities 
on parts of His Majesty's Dominions in America. 

I am commanded in case they make any Incroachment on this Prov- 
ince to draw forth the armed force of the Province and to repel force by 
force and in case any of our neighbouring Provinces should be attacked 
to call the Assembly and lay before them the necessity of a mutual 
assistance and engage them to grant such a supply as the exigency of 
Affairs may require. 

The LS"" of last month I received a letter from the Governor of Virginia 
requiring our immediate assistance to dispossess the French of a settle- 
ment they have made at the Ohio within the undoubted limits of Vir- 
ginia where they have imprisoned His Majesty's Subjects and confiscated 
their goods, built a strong fort and intend to build five more with design 
to secure all the waters of the Mississippi which waters comes close up 
to our settlement. 

If we suffer this they will secure the Gaps of the mountains and 
destroy our settlements at their Pleasure I expected this demand some 
time & had prorogued the Assembly to meet at Wilmington the lO* of 
last month, which met accordingly. I was under a necessity of creating 
twenty two thousand pounds Proclamation Paper Bills of Credit to issue 
immediately; viz' ,£] 2,000 for raising and providing for a regiment of 
750 effective men to be sent to the Assistance of Virginia, £2,000 to 
repair & finish the Fort at the moutii of Cape Fear river £2,000 to be 
added to the money formerly granted to build and finish the Fort at 
(Peacock Inlet £1,000 to buy arms and ammunition for the poorer Inhab- 
itants df Rowan & Anson Countys being most exposed £800 for stamp- 
ing and emitting the Bills of Credit and £4,200 for other contingencies 
to be sunk by a poll tax and a duty on wine, rum and all other spirit- 
uous liquors which are the best funds we have; there is also £18000 
more for other uses not to be emitted till His Majesty's Pleasure is 
known. 

This I have been under a necessity of doing otherways I cou'd not 
have got any supply. Will transmit the Laws of last Session with the 
Journals of both Houses by the first ship for London. 
I am with the greatest subm'ssion, &c., 

MATH: ROWAN. 



IIU COLONIAL RECORDS, 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 122.] 

Governor Dinwiddie to Mattiiew Rowan, Pre.sident of North Carolina 

Mar. 23rd, [1754.] 
Sir: 

Your kind favo. of the 10th Mar. by Mr. Ashe, I duely rec'd. It 
gives me mnch Pleasure to observe the Loyalty and Readiness of your 
Assembly in raising Money for the Good of the Common Cause. Our 
As.sembly were much divided and a Spirit of Content'n among them, 
that they voted only 10,000[£] for the imediate raising 300 Men to join 
and escort a Compa. of 100 Men, now at the Ohio building a Fort agree- 
able to His M'y's Com'd's to me, but I do not doubt of their raising a 
much larger Sum for the general Service. These Men I expect will be 
at Alexandria, the Head of Potomack River, next Week, w'li they are 
directed to marcii imediatel}' to the Ohio. That Part of the River where 
they are order'd to build a Fort is in Dispute, whether it is in their Gov't 
or in the Proprietary Grant of Mr. Penn, of Pensylv'a, however, it's 
deem'd the Property of the Crown of G. B., and for the Safety of His 
M'y's Colonies on this Con't, it's absolutely ueces.sary to prevent the 
French from settling or building Fortes.ses there. And as it is for the 
general Safety of the Whole, the Forces rais'd in each different Colony, 
is to be Paid and maint'd in Provisions by them. I have provided six 
Mo's Provisions for the men now rais'd, and those from the No'ern Col- 
onies will bring their Provisions with them. The Pay of our Officers 
and soldiers is as follows. The Colo. 15s. Lieut. Colo. 12s. 6d., Maj'r 
10s., Capt. 8s., Lieuts. 4s., Ensigns 3s., Doct'r 4.s., and the Privaie Men 
8d. ^ Day. To bring them into an uniform dress of a red Coat and 
p'r Breeches, they allow a Stoppage to be made out of their Pay. Pro- 
visions of Flower, Pork and Beef to be given them at the Discretion of 
the Com'd'g Officer, and Rum, a little on their Marcii, and a Quart for 
every four Men w'u at Work on the Ohio, with Encouragera't of Land 
to every Person according to their Merit, free of Rights or Quit Rent 
for 15 Years. Tiie pay that Mr. Ashe tells me Y'our Private Men are 
to luive. Surprizes me. I wish you c'd prevail with the Officers and 
Soldiers to be at the same Pay as our Forces, but I fear if they know 
the Pay, they will be backw'd in coming, but this I must leave to Your 
Prudence. As to Provisions, if You write me, I shall take care to pro- 
vide w't You may Order, and as I fear the Expence will be large either 
for Your Province or our's to bear, we must in a proper Manner rep- 
res't it home and depend on His IM'y's Goodness for reimburseni't. As 



COLONIAL RECORDS. 



the Ministers are very earnest on this Expedit'n I doubt not of their 
good Offices in being rep'd. Cannot You order a Qu'ty of Pork for 
Your Forces. I am glad Your Regim't comes under the Coni'd of Colo. 
Innes, who's Capacity, Judgment and cool Conduct, I have a great Re- 
gard for. And w'n he comes here [I] shall do all I can to help him. 
The March of Y'r People by Land will be long and very fatiguing, I 
recommend their coming by Sea to Hampton, w'n shall have Sloops to 
carry them to Alex'a, thus I advise the independ't Compa's from N. 
York and Carolina to be transported, and if Y'r Station Ship is with 
You, I think as it's for the Service of the Crown, he sh'd bring round to 
Hampton as many as he can accommodate, and for other Vessells they 
may be press'd on this emergent Occasion. This my Opinion I submit 
to Your Judgm't. The Gov'r of Pensylv'a sent me an Express last 
Week w'n he was in hopes to prevail with the Assembly to qualify him 
to send 1,000 Men and I doubt not of the other Colonies sending their 
proper Quotas agreeable to the Supplies voted by their Assemblies, w'ch 
as yet, I am not inform'd of, but the greatest Dispatch is absolutely 
necessary as the French is expected down the Ohio next Mo. I have 
nothing further to add, but that my sincere Wishes for Success in this 
Expedit'n attends it. 

I am, with very great regard and Esteem, 

Y'r Hon'r's most h'ble Serv't. 



[Reprinted fkom Dinwiddie Papers. Vol. 1. p. 125.] 

Governor Dinwiddie to Mr. Rowan, President of North Carolina. 

Mar. 2.3, [1754.] 
S'r: 

Since closing my Let'r of this date, I have examin'd into our Magaz'e, 
and find we have only 300 small Arms remain'g, that I hope You will 
be able to supply Y'r Regim't in Your own Colony. We allow no Bed- 
ding to the Soldiers, but send Tents with them ; we are also deficient in 
them, but I propose having some made. I found our Magazine very 
short of Warlike Instrum'ts, not having any Cutlasses, but Bayonets for 
the Arms. 

I remain, with very great Esteem, 

Y'r Hon'rs most humble Serv't. 

P. S. Our Forces are not to be p'd agreeable to the Act of Assem- 
bly in pay'g the Militia, but as Volunteers, w'ch accordingly as in my 
Other Letter, tlieir Pay is e.stablish'd. 



112 COLONIAL RECORDS. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 12-5.] 

Governor Dinwiddie to Colonel James Innes. 

23d Mar., [1754.] 
Dear James: 

Y'r Kind Let'r of the 12th Curr't I rec'd by Mr. Ashe, and I am. 
very glad that I shall have the Pleasure of seeing You at the Head of 
a Regim't of 750 Men. I intended You the Chief Com'd of our Forces, 
but the few now rais'd were to march directly to the Ohio, that [I] was 
oblig'd to Cora'on the Officers. Y'r Age is nothing, w'n You reflect on 
Y'r regular Method of living. It gives nie Pleasure that You are to 
be on the Expedit'n, and I hope You will .soon recover [from] your 
pr&sent Complaint. As for the Expectat's of the People here, I always 
have regard to Merit, and I know Yours and You need not mind or 
fear any Reflect's. The Bearer appears to be a very di,screet, well-be- 
hav'd Gent., and I doubt not will make a good Officer, and the Encour- 
agm't. Yon give in preferring tho.se that raise tiieir Compa's first to the 
Senior Com'o., is right. We allow'd a Pistole listing Money to each 
Man besides their Pay, but I refer You to my Let'r to Your Presid't. 
The very Thought You write me, occur'd to me, and a Month ago I 
wrote to [the] Gov'rs of N. York and New England to make a Faint 
towards Canada, to divert their sending the Number of Forces mention'd; 
whether they will put it in practice I cannot say. Dispatch is abso- 
lutely neces.sary, and [I] hope You will bring Y'r Forces by Sea, and I 
heartily wish to see You and them. I think Y'r Com'd from me must 
be by a Com'o. superior to any I have yet granted. You know my 
regard and E.steem for You. My Wife, Li.se, and the Child, join me in 
sincere respects to You and Mr.s. Innes, and believe me, I am, 
S'r, Y'r aftect'o. h'ble Serv't. 

P. S. His M'y sent 30 Pss. Cannon, 4 Pownders, with all necessary 
Iraplem'ts. They are heavy, therefore [I] have sent only ten up to be 
carried in Waggons to the Ohio; if they be easily transported I shall 
send the other twenty. No Cowhorns or hand Granades here. 



LB. P. R. O. North Carolina. B. T. Vol. 12. C. 30.] 

At the Council Chamber Whitehall the 26'" day of March 1754. 
By the right hon"''" the Lords of the Committee of Council for Plantatitm 
Affairs. 
His Majesty having been pleased to referr unto this Committee, a rep- 



COLONIAL RECORDS. ll.j 



reseutation made by the Lords Commissioners for Trade & Plantations 
dated the 14"" day of" this Instant March upon the present state of the 
Province of North Carolina, particidarly with respect to the Laws now 
in force in that Province, and praying to receive directions thereupon, that 
they may be the l)etter enabled to i)repare the draught of Instructions for 
Arthur Dobbs Esq", whom His Majesty has been pleased to appoint 
Governor of that Province The Lords of the Committee this day took 
the said representation into consideration, and do find, that the said Lords 
Comm" propose, that the several Laws therein specified should be repealed, 
and that Instructions should be given to the Governor of the said Prov- 
ince, upon the following points viz' 

To limit the quorum of the Assembly to fifteen 

To forbid the passing any law whereby the duratit)n of the Assembly 
should be limited or ascertained, or any other regulation made relative 
thereto, contrary to His Majesty's Rights and Prerogative. 

To erect, (as the Province grows more peopled) such and so manv 
Towns and Countys in the Southern District, with the Priviiedgc of 
sending such a number of representatives to the Assembly, as that each 
different district or division may have a reasonable and just proportion. 

To confirm the rights of the several Tow'us, Precincts or Countys by 
Charters of Incorporation. 

To establish such new regulations with respect to Grants of Lands and 
the quit rents, as are become necessary upon the repeal of the quit rent 
Act passed in 1748. 

To accept a surrender from Mr. M'^CulIoh and his Associates (when the 
Term allowed them to compleat their settlement is expired) of such part 
of the Lands granted them as shall not be settled according to the pro- 
portion of one person for every two hundred acres, and to regrant the 
same to any other pei-sons and to release tlie present Grantees from being 
obliged to jjay (juit rent for the land so surrendered. 

To support and maintain Mr. j\PCulloh and their Associates in their 
just and legal rights, and in the quiet possession of their lands. 

To establish a Court of Exchequer with all the necessary Powers, 
rights and Priviledges accident to such Court. 

To establish such and so many Courts of Justice as shall appear to be 
necessary and proper for the better administration of Justice, and to con- 
sider of the most convenient place for the seat of Government, and to 
make report thereof to His Majesty. 

And the Lords of the Committee agreeing in opinion with the said 
Lords Commissioners, that the Laws specified in their said representation 
should be repealed, and that the Instructions proposed upon the above 



114 COLONIAL RECORDS. 



Points should be given to the Governor of North Carolina, are hereby 
pleased to order, that the said Lords Commissioners do prepare Instruc- 
tions conformable thereto, and insert the same in the General Instructions 
for the said Governor. 

W. SHARPE. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 31.] 

At the Court at S' James's the 28* day of March 17-54. 

Present The King's most Excellent Majesty in Council 

Whereas there was this day read at the Board a rej)ort made by the 
right hon"° the Lords of the Committee of Council for Plantation affairs 
dated the 26* of this In.stant upon considering a representation from the 
Lords Comm" for Trade & Plantation relating to tlie settling upon Arthur 
Pobbs Esq" the present Governor of North Carolina the like Salary of 
one thousand pounds per ann : as was allowed to the last Governor 
and likewise to the setting apart some other more certain fund for the 
payment thereof than that which has been hitherto appropriated for that 
purpo.se. 

By which report it appears, that His Majesty was plea.sed in Septem- 
ber 17.3.3, to direct a Salary of one thousand pounds per annum to be 
paid to Gabriel Johnston Esq", the late Governor of North Carolina out 
of the revenue of Quit rents arising within that Province, But that His 
Maje.sty's said revenue has not proved sufficient to answer the same — 
The Lords of the Committee therefore reported as their opinion that it 
might be adviseable for His Majesty not only to order the said Salary of 
one thousand pounds to be continued to the present Governor but in 
regard to the deficiency of the fund arising from the aforementioned reve- 
nue of Quit rents there, that some other more certain fund should be 
appropriated for the payment thereof — His Majesty having taken the 
.said report into His royal consideration was pleased with the advice of 
His Privy Council to approve of what is therein propo.sed and to order 
that it be referred to the Lords Commissioners of His Majesty's Treasury 
to consider of a jjroper fund for payment of the .said Salary and to pre- 
pare and lay before His Majesty the necessary Instrument for establish- 
ing the said Salary upon such fund 

A true Copy. W. SHARPE. 



COLONIAL RECORDS. 115 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 39.] 

At the Court at S' James's tlie 8* of April 1754. 

Present the Kings most Excellent Majesty in Council. 

Whereas eight Acts were jjassed in the Province of North Carolina 
during the time the said Province was under the Government of the late 
Lords Proprietors entitled 

1. An Act to direct the disposal of Goods taken upon executions and 
for the better regulating of distresses hereafter to be made for levying of 
Quit rents Passed in 1715. 

2. An Act for preventing disputes concerning Lands already surveyed. 
Passed in 1715. 

3. An Act to regulate divers abuses in the taking up of Lands and to 
ascertain the method to be observed from henceforth in taking up & 
surveying Lands. Passed in 1715. 

4. An Act concerning Escheat Lands & Escheators. Passed in 1715. 

5. Public Treasurers to give Account. Passed in 1715. 

6. An Act appointing that part of Albemarle County lying on the 
west side of Chowan River to be a Precinct by the name of Bertie Pre- 
cinct. Passed in 1722. 

7. An Act for incorporating the Sea Port of Beaufort in Carteret Pre- 
cinct into a Township by the name of Beaufort. Passed in 1723. 

8. An Act to appoint that part of Albemarle County lying on the south 
side of Albemarle sound and Moraltuck river as high as the rainbow 
banks to be a Precinct by the name of Tyrrell Precinct. Passed in 1729. 

Wiiich Acts together with a representation from the Lords Comm" 
for Trade & Plantations proposing the repeal thereof having been 
referred to the consideration of a Committee of the Lords of His Maj- 
esty's most hon"' Privy Coimcil for Plantation Affairs The said Lords 
of the Committee did this day report to His Majesty as their opinion 
that the said Acts ought to be repealed — 

His Majesty taking tlie same into consideration was pleased with the 
advice of His Privy Council to declare His Disallowance of the said 
Acts — And pursuant to His Majesty's royal Pleasure thereupon expressed, 
the said Acts are hereby repealed declared void and of none effect. 

Whereof the Governor or Commander in Chief of His Majesty's 
Province of North Carolina for the time being and all others whom it 
may concern are to take notice and Govern themselves accordingly. 

A true Copy. W. SHARPE. 



116 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 37.] 

At the Court at S' James's the 8"" clay of April 1754. 

Present The King's most Excellent Majesty in Council. 

Whereas by Commission under the Great Seal of Great Britain the 
Governor, Council & Assembly of His Majesty's Province of North 
Carolina are authorized and empowered to make, constitute and ordain 
Laws, Statutes and Ordinances for the Publick Peace, Welfare and Good 
Government of the said Province Which Laws Statutes & Ordinances 
are to be as near as conveniently may be agreable to the Laws and 
Statutes of this Kingdom and to be transmitted for His Majesty's royal 
Approbation or Disallowance In pursuance of which Powers eighteen 
Acts have been passed in the said Province & transmitted entituled as 
follows viz' 

1. An Act to confirm and establish the Precincts of Onslow & Bla- 
den and for appointing them distinct Precincts. Passed in 17.34. 

2. An Act for erecting the Village called Newton in New Hanover 
County into a Town and Township by the name of Wilmington <t regu- 
lating and ascertaining the Bounds thereof. Passed in 1739. 

3. An Act for confirming Titles to the Town Lands of Edenton for 
secairing the Priviledges heretofore granted to the said Town & for the 
further encouragement and better regulation hereof. Passed in 1740. 

4. An Act for granting an aid to His Majesty to defray the expenses 
of transporting the several troops enlisted in His Majesty's service in 
the Colony, & to ascertain the method of paying all taxes and levys in 
Commodities & for other purposes therein mentioned. Passed in 1740. 

5. An Act to confirm and erect that part of the Province called Edg- 
combe County into a County by the name of Edgcombe County and for 
establishing the said County a Parish &c. Passed in 1741. 

6. An Act for erecting the upper part of Bertie County into a County 
by the name of Northampton County and for regulating the limits 
between Society Parish & the North West Parish of Bertie &c. Passed 
in 1741. 

7. An Act for establishing the Church for appointing Parishes and 
the method of electing Vestrys and for directing the settlement of Par- 
ish Accounts throughout the Colony. Passed in 1741. 

8. An Act to regulate elections for Members to serve in General As- 
semblys for the several Countys to declare who shall be qualified to vote 
in the said Election &c. Pa.ssed in 1743. 



COLONIAL RECORDS. 117 



9. An Act for the better ascertaining the number of Members to be 
chosen for the several Countys within this Province to sit and vote in 
General Assembly and for establishing a more equal representative of all 
His Majesty's Subjects in the House of Burgesses. Passed the 28** 
Nov' 1746. 

10. An Act for erecting the upper part of Craven County into a 
County and Precinct &c. Passed in 1746. 

11. An Act for dividing Edgecumb County and Precincts and for 
erecting the upper part thereof into a County and Parish by the name 
of Granville County Ac. Passed in 1746. 

12. An Act to fix a place for the seat of Government and" for keep- 
ing Publick Offices for appointing Circuit Courts and defraying the ex- 
pense thereof and also for establishing the Courts of Justice & regula- 
ting the Proceedings therein. Passed in 1746. 

13. An Act for forming a rent roll of all the Lands holden in this 
Province for quieting the Inhabitants in their possessions & for direct- 
ing the payment of quit Rents. Passed in 1748. 

14. An Act for erecting the upper part of New Hanover County into 
a County and Parish by the name of Dupplin County &c. Passed in 
1749. 

15. An Act for erecting the upper part of Bladen County into a 
County & Parish by the name of Anson County. Passed in 1749. 

16. An Act to put in force in this Province the several Statutes of the 
Kingdom of England or South Britain therein particularly mentioned. 
Passed in 1749. 

17. An Additional Act to an Act intitled An Act for forming a rent 
roll of all the Lands held in this Province for quieting the Inhabitants 
in their Possessions & for directing the payment of quit I'ents. Passed 
in 1749. 

18. An Act to repeal part of a clause in An Act intitled An Act for 
forming a rent roll of all the Lands holden in this Province & for direct- 
ing the payment of Quit Rents. Passed in 1750. 

\¥hich Acts together with a representation from the Lords Comm" for 
Trade & Plantations proposing the repeal thereof having been referred 
to the consideration of a Committee of the Lords of His Maj""" most 
hon"' Privy Council for Plantation Affairs, the said Lords of the Com- 
mittee did this day report to His Maj'^ as their opinion that the s* Acts 
ought to be repealed — His Majesty taking the same into consideration 
was pleased with the advice of His Privy Council to declare. His disal- 
lowance of the s* Acts — And pursuant to His Maj""° royal Pleasure 
thereupon expressed, the said Acts are hereby declared void and of none 



118 COLONIAL RECORDS. 



eifect. Whereof the Governor or Commander in Chief of His Majesty's 
Province of North Carolina for the time being and all others whom it 
may concern are to take notice and govern themselves accordingly. 
A true Copy. W. SHARPE. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 130.] 

Governor Dinwiddie to Mathew Rowan, President of North Carolina. 

16th Apr., [1754.] 
Sir: 

I c'd not let slip the good Opp'ty of Colo. Innes in paying my Re- 
.spects to You. He and I have talk'd the Atfairs fully over in regard 
to the Forces from Y'r Colony, and [I] therefore refer You to him ; and 
I desire to assure You that I shall do every Thing in my Power for the 
Service of No. Carolina, as I am very much pleas'd with their readiness 
in granting Supplies on this emergent Occasion, and 1 rem'n with great 
respect, 

Y'r Hon'r's most h'ble Serv't. 



[From MSS. Records in Office of Secretary of State.] 

North Carolina. 

Know all men by these presents that I Samuel Swann of the County 
of New Hanover & Province afores* am held and firmly bound Unto 
the Honourable Matthew Rowan Esq" President And Commander in 
Chief of the province of North Carolina for the time being and his suc- 
cessors in the sum of Five Thousand pounds Proclamation Money to be 
paid to the said President and Commander in Chief and his successors 
for the Use of the Publick Unto which payment well and truly to be 
made and done I bind my self my heirs Executors and Administrators 
firmly by these presents sealed with my seal and dated this thirtyeth day 
of April 1754. 

The Condition of the above Obligation is such that Whereas the above 
named Samuel Swann is by Act of Assembly pass'^ at Wilmington the 
ninth day of March in the Year of Our Lord One thousand seven Hun- 
dred and fifty four Oppointed one of the Commissioners for Stamping 
and Emitting the sum of forty thou.sand pounds publick bills of Credit 
Equal in value to Proclamation money Now if the above Named 
Samuel Swann shall Duely & faithfully Discharge the trust by the pub- 



COLONIAL RECORDS. 119 



lick reposed in him According to Law as Commissioner afores'' then the 
above obligation to be void or Else to be & remain in full force virtue 
and authority in the Law SAM' SWANN (Seal) 

Sealed and Delivered In the presence of 

Henry Hyrne 

James Poitevinte 

North Carolina — New Hanover County 

This May Certifie that the within named Samuel Swann one of the 
Commissioners appointed by Act of Assembly pass* at Wilmington the 
Ninth day of March 1754 for Stamping and Emitting the sum of forty 
thousand pounds publick bills of Credit personally appeared before me 
and made Oath in due form of Law that he wood Duely and faithfully 
Discharge the trust by Law reposed in him to the best of his Knowledge 
and Capacity Sworn to this thirtyeth day of April 1754 before me 

JOHN ASHE 



[From MSS. Records in Office of Secretary of State.] 

North Carolina 

Know all men by these presents that I John Starkey of Onslow 
County in the province aforesaid am held tt firmly bound unto the Hon- 
ourable Matthew Rowan Esq"" President and Commander in Chief of the 
province of North Carolina for the time being <t his Successors in the 
sum of Five thousand pounds Proclamation money to be paid to the said 
President and Commander in Chief and his successors for the Use of the 
publick Unto which payment well and truly to be made and don I Bind 
myself my heirs Executors and Administrators firmly by these presents 
seal'd with my seal and dated this 30 day April 1754 

The Condition of the above obligation is such that Whereas the above 
named John Starkey is by Act of Assembly pass* at Wilmington the 
Ninth day of March in the Year of our Lord One thousand seven hun- 
dred & fifty four Oppointed one of the Commissioners for Stamping & 
Emitting the Sum of Forty thousand pounds Publick bills of Credit 
Equal in Value to Proclamation money Now if the said John Starkey 
shall duely and faithfully Discharge the trust by the Publick Reposed in 
him According to Law as Commissioner afores* then the above obligation 
to be void or Else to be & remain in full force Virtue and authority in 
the Law JOHN STARKEY (Seal) 

Sealed ct Delivered in presence of us 
Henry Hyrne 
James Poitevinte 



120 COLONIAL RECORDS. 



New Hanover County 

This may Certifie that the within named John Starkey one of the 
Commissioners appointed by act of assembly for stamping and Emitting 
the sum of forty thousand pounds publick bills of Credit personally 
appeared before me John Ash one of his majestys Justices assigned for 
to Keep the pease for the said County and made oath in due form of Law 
that he wood Duely tt faithfully Discharge the trust by Law reposed in 
him to the best of his Knowledge and Capacity Sworn to this 30 day 
of April 1754 before me JOHN ASHE J. P. 



[From MSS. Records in Office of Secretary of State.] 

North Carolina 

Know all men by these presents that I John Swann of the County 
of New Hanover and province aforesaid am held and firmly bound unto 
the Honourable Matthew Rowan Esq' President and Commander in Chief 
of the province of North Carolina for the time being and his successors 
in the sum of five thousand pounds Proclamation Money to be paid to 
the said president and Commander in Chief and his successors for the use 
of the Publick Unto which payment well and truly to be made and done 
I bind me my heirs Executors and Administrators firmly by these pres- 
ents seal'd with my seal and dated this Third day of May 1754 

The Condition of the above Obligation is Such that Whereas the above 
named John Swann is by Act of Assembly passed at Wilmington the 
ninth da}' of March in the year of Our I^ord One thousand seven hun- 
dred fifty four oppointed one of the Commissioners for stamping and 
Emitting the sum of forty thousand pounds publick bills of Credit equal 
in value to proclamation Money now if the said John Swann shall duely 
and faithfully Discharge the trust by the Publick reposed in him accord- 
ing to Law as Commissioner aforesaid then the above Obligation to be 
void or Else to be and remain in full force and virtue and authority in 
the Law JN° SWANN (Seal) 

Sealed and delivered In presence of 
Will™ Willkings 
Benj" Morison 

New Hanover County 

This may certifie that the within named John Swann one of the Com- 
missioners appointed by Act of Assembly pass'' at Wilmington the ninth 



COLONIAL RECORDS. 121 



day of March 1754, for Stamping and Emitting tiie Sum of forty tiioii- 
sand pounds publieiv bills of Credit personally appeared before me and 
made Oath in due form of Law that he wood duely & faithfully Dis- 
charge the trust by Law reposed in him to tiie best of his Knowledge 
aud Capacity Sworn to this 3'' day of May 1754 before me 

JOHN LYON J P. 



[From MSS. Records in Office op Secretary op State.] 

North Carolina 

Know all men by these presents that I Lewis Derosett of the County 
of New Ilauover and province aforesaid am held and lirmly bound unto 
the Honourable Matthew Rowan Esq' President and Commander in Chief 
of the province of North Carolina for the time being and his successors 
in the sum of five thousand pounds proclamation Money to be paid to 
the said president and Commander in Chief and bis successors for the 
Use of the publick Unto which payment well and truly to be made and 
done I Bind my self my Heirs Executors And Administrators firmly 
by these presents sealed with my seal and dated this Third day of May 
1754. 

The condition of the above Obligation is such that Whereas the above 
Named Lewis Derosett is by Act of Assembly pass'' at Wilmington the 
ninth day of March in the year of onr Lord One thousand seven Hun- 
dred and fitly four Oppointed One of tlie Commissioners for Stamping 
and Emitting the sum of forty Thousand pounds publick bills of Credit 
Equal to proclamation money Now if the said Lewis Derosett shall duely 
aud faithfully Discharge the trust by the publick rejwsed in him Accord- 
ing to Law as Commissioner aforesaid then the above Obligation to be 
void or Else to be and remain in full force virtue and authority in the 
Law. LEWIS DE llOSSET (Seal) 

Sealed aud Delivered In Presence of 
Will" Willkings 
Benj" Morison 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 33.] 

The humble Memorial of H. M^Culioh. [to the Board of Trade] 
Sheweth, 

That as your Lordships have now under consideration, the state of 
the Grants in which your Memorialist is concerned in N° Carolina he 
Vol. 5—6 



122 COLONIAL EECORDS. 



most humbly prays leave to submit it to your Lordships, whether it 
doth not in all respects appear reasonable & equitable and also for the 
service of the Crown, to'set oif pai't of the £6200, due to your Memo- 
rialist by warrant from the Crown in South Carolina, in discharge of 
the quit rents of your Memorialists Lands, which will hereafter, become 
due to the Crown, in North Carolina, and also that in order to keep up 
the record in said Colony such persons as purchase Lands from him 
shall be at liberty to attorn to the Crown for the payment of their re- 
spective quit rents, in which case your Memorialist is to be exempted 
from any further demand in respect to the same. 

Your Memorialist hath nothing more at heart than, if possible to pre- 
vent all manner of disputes in relation to his said settlement. And 
therefore most humbly prays your Lordships to take the premises into 
consideration and as your Memorialist hath £1035 sterling being 
the last payment of His Majestie's Warrant unapplied that your Lord- 
ships will be pleased to recommend it to His Majesty to grant him the 
liberty to set off said sum of £1035 sterling to the payment of such 
quit rents as may hereafter arise and become payable by him in North 
Carolina, and that when his tenants or such as have mesne conveyances 
under him have attorned to the Crown for the ])ayment of their respect- 
ive quit rents he shall be thereafter exempted from the payment of such 
part or proportion thereof. 

And your Memorialist as in dutv bound Shall ever pray &c. 

HENRY M^CULLOH. 

Rec'' May 15'" 1754. 



[B. P. K. O. NoKTH Carolina. B. T. Voi.. 21.] 

May it please Your Majesty 

We have had under our consideration a Memorial presented to us to 
Mr. Henry McCulloh who under Grants from Your Majesty is possessed 
of many large tracts of laud within the Province of North Carolina 
setting forth that by virtue of Your Maj. Warrant on the Receiver of 
vour quit Rents in the Province of South Carolina the sum of six thou- 
sand two hundred pounds are due to the 'Memorials and his assigns on 
account of his Salary as late Comptroller of Your Maj. Quit Rents in the 
said Provinces that the sum of one thousand and thirty five Pounds 
sterling part of the said six thou.sand two hundred pounds remains unas- 
signed and at the disposal of the Memorialist & therefore praying that 
he may have Your Maj. permission to .set off the said sum of one thou- 



COLONIAL RECORDS. 123 



sand & thirty five Pounds in discharge of such quit Rents as may here- 
after arise & become payable by him in North Carolina & that when 
his Tenants & such as have Mesne Conveyances under him have attorned 
to Your Majesty for the payment of their Respective Quit Rents he 
may thereafter be exempted from the payment of such part or propor- 
tion of them. 

As this request appears to be reasonable and such an indulgence from 
Your Majesty may enable the Petitioner to comply with the terms of 
his Grant and to cultivate his lands We humbly beg leave to lay before 
Your Majesty the annexed copy of the said Memorial and to submit it 
to Your Majesty to give such directions upon it as to Your Maj. shall 
seem most proper 

Which is most humbly submitted 

DUNK HALIFAX J GRENVILLE 
J PITT T. PELHAM. 

R. EDGCUMBE 

Whitehall Mav 18* 1754. 



[B. P. R. O. North Carolina. B. T. Voi,. 12. C. 36.] 

Capk Fear, June 3'' 1754. 
My Lords, [of the Board of Trade] 

The 4"" of April I received your Lord.ships of the 5* Dec"^ noth- 
ing could give me more pleasure than to find my proceedings to that 
time approved of. 

My la.st of the 19* of March informed yt)ur Lordships of the pro- 
ceedings of last As.sembly to which I refer yon ; I assure .your Lord- 
ships I have acted the part of a faithfuil Servant to His Majesty am 
afraid from the unhappy divi.sions in tiie different Provinces the French 
will make good tiieir settlements on the Ohio this year; when I wrote 
last I imagined our People would be maintained in Virginia after their 
arrival there, but I find every Province are to maintain their own peo- 
ple; as we have but very little silver and gold here this has laid us 
under great difficultys, we are obliged to lessen the number of our 
forces to 450 men, I expect 150 of them will sail for Alexandria in 
Virginia the first fair wind, the rest will begin their march in three or 
four days. 

From the indolence of Mr. Joiinston our militia was fallen much to 
decav. This Province is divided into twentv two Couuties; I have 



124 COLONIAL RECORDS. 



formed a regiment of foot in each of them, I have already form'd nine 
troops of Horse and intend forming eight more, they will be of great 
service in case of any sudden attack. 

I have not been able to get an exact list of the militia yet ; by the 
best computation I can make the amount of the foot is about 15,000, 
and about 400 Horse now formed, about 1000 exempt from muster as 
Justices, Lawyers, Millers, Ferrymen &c. only in case of an invasion 
and about 1500 in the out parts that do not list themselves; by the 
best computation I cau make there is about 10,000 slaves from twelve 
years old & upwai'ds. Last week I received a letter fi-om several of the 
Inhabitants of Anson County near the Cattaboes with a Copy of a let- 
ter from Mr. Glen Governor of South Carolina to the King and Great 
men of the nation dated the 8* of April last telling them that he and 
the Council had given Orders that no white men should settle within 
thirty miles of their town and that he had ordered all the white men 
within that distance to remove, there is settled within that bounds at 
least five hundred familys of white people that have the Kings Patents 
It is as fine a Country as any in America, the Cattaboes are aboutthree 
hundred men, the tuskarora Indians are as numerous as the Cattaboes 
and are very well satisfied with ten thousand acres of land this is up- 
wards of two millions of acres. What power he and his Council has to 
do this I cannot say last April he gave me an account that he had 
entered into such an agreement with the Indians I think this is ill 
timed. Inclosed is the Journals of the Assembly of April 1753. by the 
death of the clerk of the Upper House and the negligence of the clerk 
of the Lower House and the Printer I am not able tb transmit the Laws 
and Journals of the last Session but expect to be able to do it in a few 
days. 

MATH: ROWAN. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 193.] 

Governor Dinwiddie to Colonel Washington. 

Win'r, June 4th, 1754. 
Sir: 

On the Death of Colo. Fry, I have tlio. it proper to send You the 
enclos'd Com'o. to Com'd the Virg'a regiment, and another for Maj'r 
Muse, to be Lieut. Colo. Colo. James Innes, an old experienc'd Officer, 
is daily expected, who is appointed Com'd'r in Chief of all the Forces, 
w'ch I am very sensible will be very agreeable to You and the other offi- 



COLONIAL RECORDS. 125 



cers. You cannot believe the Uneasiness and Anxiety I have had for 
the Tardiness of the Detachm't under Colo. Fry's Com'd in not joining 
Yon some Time since, as all the Delay in the Provisions and Amunition: 
however, I have given strong Instruc's on both these Heads, and hope 
you will soon be joined with proper Numbers to give the French a total 
Defeat. Continue in good Spirits, and prosecute Y'r usual Conduct and 
Prudence, w'ch must recomend You to the favo. of His M'y and Y'r 
Country. My F'dship and respect I hope you do not doubt. I there- 
fore rem'n with great Truth, S'r, 

Your real Friend. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 194.] 

Governor Dinwiddle's Commission to Colonel James Innes. 

His Majesty George, the Second of G. B. F'r. and I. King, having been 
graciously pleas'd to Order and Com'd Me to raise Forces, build Fort- 
res.ses on the river Ohio, and to protect his Lauds on the s'd River; also 
to prevent any foreign Power whatsoever to settle on the s'd Lands, as 
His M'y has an undoubted right thereto. And I repos'g especial Trust 
and Confidence in the known Loyalty, Cotirage and Conduct in You, the 
s'd James Innes, have, by Virtue of the Power and authority given me 
by His s'd M'y constituted and appointed, And do hereby constitute and 
appoint You, the s'd Jas. Innes, to be Com'd'r in Chief of all the Forces 
already rais'd and destin'd, or that shall hereafter be rais'd, design'd and 
ordered on the Service of the s'd E.xpedit'n. You are therefore, carefully 
and diligently to discharge the Duty of a Com'd'r in Chief agreeable to 
the Instruct's herewith given You ; And I accordingly hereby Order and 
Com'd all the Officers and Soldiers to give due Obedience to such Orders 
and Direct's as from Time to Time You may think proper and necessary 
to direct and Com'd. And You are to follow all such further Instruct's 
and Orders as You may receive from me in discharge of the Duty of 
Y'r s'd Com'd, for all w'ch this shall be Y'r Warr't and Com'o. Given 
under my Hand and the Seal of the Colony at Winchester this 4th day 
of June, 1754 



126 COLONIAL EECORDS. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 195.] 

Governor Dinwiddie's Instructious to Colonel Innes. 

All the Forces appointed and by me directed and order'd to the Gen'l 
Rendezvous being joined, Yon are on the first convenient day [to] cause a 
Muster roll of the whole to be taken, and all such of the Articles of 
War to be publicly read as may relate to Mutiny, Desertion and the keep- 
ing up a proper Discipline among the Officers and Soldiers linder Y'r 
Com'd, whereby each Officer may know and perform their respective 
Duties. And that I may be acquainted with the Exact Number of the 
Forces, You are once in every two Months [to] cause a Gen'l Muster 
to be made and a List or Muster roll sent me by the first Opp'ty or 
Courier, and the s'd Articles of War, at such Musters to be as publicly 
read. You are, before You enter on any Action of Attack or extraor- 
dinary Euterprize to annoy or circumvent the Enemy, [to] call a Coun- 
cil of War, to consist of the Field Officers and Capt's of the lude- 
pend't Compa's; in w'ch Council You are to form a Plan of Operations 
and issue Your Orders accordingly. The Capt's and Officers of the 
Independ't Compa's having their Com'ds sign'd by His M'y imagine they 
claim a distinguish'd rank, and being long train'd in Arms, expect suita- 
ble regards. 

You will, therefore, consult and agree with Y'r Officers to shew them 
particular marks of Esteem, w'ch will avoid such Cau.ses of Uneasiness 
as otherwise might obstruct His M'y's Service, wherein all are alike 
engag'd and must answer for any ill Consequences of an unhappy Dis- 
agreem't. You are to appoint and hold Courts Martial as often as the 
same shall be thought necessary, to proceed and give Sentence according 
to the rules and Articles of War, of w'ch You are to give me Advice. 
The French having unjustly invaded the King of G. B. Lands on the 
river Ohio and taken Possession of a Fort that was begun to be built by 
my Order for his s'd M'y and the territory around the same. You are 
hereby order'd and directed, as soon as Your united Forces shall be suf- 
ficient, to repair thither, and summons the French poissessing it, to sur- 
render the Fort and evacuate the King of G. B. Lands. And in case of 
refu.sal. You are to use Your utmo.^t Efforts to compell and force them, 
and if You have the desired Success, You are to take especial Care of 
the Prisoners by sending them down to W'mburg. Or if You sh'd think 
the sparing of Men to guard them thither w'd too much weaken Y'r 
small Army, then. You may give them some Canoes to go down the river 
Ohio; by no means leting them go up that river to Canada or retiu-uing. 



COLONIAL RECORDS. 127 



If, in Y'r Council of War, the taking the above na'd Fort sh'd be judged 
impracticable, You are to build another Fort on the s'd river Ohio, in some 
proper Place, for the better security of Your Men, Arms, Stores, Provis's, 
&c., And prevention of any Supplies being carried to the French Garri- 
son, whereby, in all probability, They will be reduced to the Necessity of 
Capitulating and accept'g such Terms as the Situation and Circumstances 
of Y'r affairs may require and You may reasonably admit of. If any of 
the French Army sh'd desert to You, take proper notice of them, but 
not to give them too much Liberty, and w'n convenient, it may be proper 
to send them down the Country. 

The Ohio Ind's having discover'd their lueliuations to join the Eng- 
lish, being now convinced of their Intent's to defend and protect the Ind's 
ag'st the late Invasion and Encroachm'ts of the French on the Ohio 
Lauds, And particularly the Half King who has greatly distioguish'd 
Himself as our hearty Friend, and appears to me a Man of good Sense 
and great resolution, I therefore recomend him in the Kindest maner to 
Y'r F'dship and good Offices and let him and the other Ind's know that 
we come to aid and assist them and to protect their Lands from the ruin- 
ous Excursions of the French and their fnd's, and so order it that Y'r 
Soldiers behave to them with great Decency and Brotherly Affect'n. If 
any of Y'r Officers sh'd die or unfortunately [be] slain in Battle, You 
are to supply their Places by the most deserving, hav'g regard to senior- 
ity in Com'o, And give me Advice thereof for my Approbat'n and Con- 
firmation. Whilst it may be tho't unnecessary for His M'y's Service to 
keep his Forces on the river Ohio, a Courier will be appointed that I 
may be frequently advised of the Occurrences ; You will therefore embrace 
such Opp'tys. As I have hitherto exerted my utmost Endeavours to 
hasten the several Corps to their appointed rendezvous, purchas'd and 
sent the necessary Provisions and Stores, tho' attended with extraordinary 
and great Delays, I am determin'd to continue my resolutions to have 
Your army supplied in future, trusting that His M'y and myself will 
have the pleasing Acc't of Y'r well doing. As many Occurrences and 
Accidents may happen that cannot be fore-known. You are to act in such 
Cases in the best manner advisable, as may conduce to His M'y's Service, 
for the doing of w'ch You have my full Power and Instruct'n. Wish- 
ing You and the whole Corps good Health and Success, I am Sir, 
Y'r loving Friend. 

Additional Instruct's. 

To preserve regularity and Order, to keep up Discipline, and enforce 
Obedience, I do hereby further authorize and empower You to suspend 



128 COLONIAL EECORDS. 



any Officer who shall misbehave himself or be refractory as You shall 
see Cause, and appoint anotiier in his room, Giving me imediate Notice 
thereof 

June 25th, [1754], W'msburg. — The Independ't Corapa's are also 
under Y'r Com'd. You are, therefore;,, to receive them in a particular 
manner, and give them Y'r Orders from Time to Time as You do the 
other regim'ts, they having my Orders to obey Y'r Com'ds, and to receive 
their Orders from You. I wish for Unanimity and good Conduct in 
defeating the Designs of the French. I wish You Health and Success. 
I am S'r, Y'r h'ble Serv't. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 197.] 

Colonel Washington to Goveruoi' Dinwiddie. 

10th June 1754. 
Hon'ble Sik: 

Your's of the 1st, 2nd and 4th Ult'o I received by the Post, and return 
your Honour my hearty thanks for your kind cougratula'tions on our late 
success, which I hope to improve without risquing the imputation of 
rashness or hazarding what a prudent conduct wou'd forbid. I rejoice 
that I am likely to be happy under the command of an experienced Officer 
and man of Sense, it is what I iiave ardently wish'd for. I shall here 
beg leave to return my grateful thanks for your favour in promoting me 
to the Command of the Regiment, believe me, Hon'ble Sir, when I assure 
you my Breast is warm'd with every generous sentiment that your good- 
ness can inspire; I want nothing but opportunity to testifie my sincere 
regard for your person, to wiiom I stand indebted for so many unmerited 
favours. 

I hope Capt. McKay will have more sense than to insist upon any 
unreasonable distinction, tho' he and His have Cora'ns from his Majesty; 
let iiim consider tho' we are greatly inferior in respect to profitable 
advantages, yet we have the same Spirit to serve our Gracious King as 
th«y have, and are as ready and willing to sacrifice our lives for our 
Country's as them; and here once more and for the last time, I must say 
this Will be a cancer that will grate some Officers of tiiis Regiment 
beyond all measure, to serve upon such different terms, when their Lives, 
their Fortunes, and their Characters are equally, and I dare say as effect- 
ually e.xpo.s'd as those who are happy enough to have King's Commis- 
sions. 



COLONIAL RECORDS. 129 



I am much griev'd to find our Stores so slow advancing. God knows 
when we shall [be] able to do anything for to deserve better of our Coun- 
try. I am, Hon'ble Sir, with the most sincere and unfeign'd Regard, 
Y'r Honour's most Ob't and most H'ble Serv't. 

G\ WASHINGT(JN. 
The Contents of this Letter is a profound Secret. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 201.] 

Governor Dinwiddie to Sir Thomas Robinson. 

June 18th, 1754. 
R't Hon.: 

Last Night I was hon'd with Y'r Let'r of the 26th of Mar. And I 
am perswaded had His Majesty's Com'ds to the other Colonies been duely 
obey'd, and the necessary Assistance given by them, the Freucii wou'd have 
"long ago haVe been oblig'd entirely to have evacuated their usurp'd Posses- 
sion of the King's Lands, instead of w'eh they are daily becoming more 
formidable, whilst every Gov't except No. Caro. has anius'd me with 
Expectations that have proved fruitless, and at length refu.«e to give any 
Supply, uule.ss in such a manner as must render it ineffectual. The 
French too justly ob.serve the want of connection in the Colonies, and 
from thence conclude (as they declare without reserve) that altho' we are 
vastly superiour to them in Numbers, yet they can take and secure the 
Co't'y before we can agree to hinder them. Now w't, Sir, mu.st be the 
result of this? Virg'a alone is unable to support the whole Burthen, 
and if some Method is not found to take away these destructive Denials 
of Assistance from the other Colonies, w'h it is judg'd proper to be 
demanded by His M'y for the coraon Good, as now. The Cousequ'ce must 
be the present loss of one of the finest and most fertile Countries in 
America and the future Destruction of all the British Dom's on this 
Con't. The two Compa's from N. York arrived only four Days ago. 
The reason of their long Delay I cannot Acc't for. Enclosed You have 
their Muster polls. I have order'd one of the Council to review them, 
and shall hereafter acqu't You with their Condition. I have order'd 
them out to join tiie other Forces. The Compa. from So. Caro. has joined 
Colo. W., and the Forces from No. Caro. are on their March. The 
Gov'r of N. Y'ork informs me that 30 Batteaus, with Colours flying, past 
by Fort Oswego* lately, in their way to reinforce their Army at Oliio. 
R't Hon. Sir, Y'r most obed't humble serv't. 



*Fort Oswego was established in 1737. 



130 COLONIAL RECORDS. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 205.] 

Governor Dinwiddie to the Lords of Trade. 

18th June, [1754]. 
R't Hon. : 

I arrived here from Winchester two Days ago. The two Compa's 
from N. York arrived here only four Days ago, tho' My Lord Holder- 
nesse's Letter was forwarded to the Gov'r of N. York, the 1st of Mar. 
The Supply from No. Caro. of 400 Men are on their March; w'n they 
are all collected together they will scarcely amo. to 900 Men, and it's 
reported the French Forces will consist of 1,500, that, I think, we are 
not of Strength sufficient, however all in my Power shall be done with 
great Assiduity. 1 have been for some Montli flatter'd with a mutual 
Assistance from the neighbouring Colonies agreeable to His M'y's Com'ds 
to them, and tho' the Assemblies have met several Times, they have done 
nothing, or can I have any Dependence of Aid from any of them. I 
beg leave to give ray humble Opinion that the Progress of the French 
in Possessing themselves of His Majesty's Lands will never be effectually 
opposed but by means of an Act of Parliament to compell the Colonies 
to contribute to the comon Cause, independently of Assemblies, who, 
in these Parts, are either ignorant or do not foresee Danger at a Distance, 
or at least, [are] so Obstinate as to pay little regard to it. 

R't Hon., Y'r L'ds. most obed't h'ble Serv't. 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

To the Presd' of the Council of N. Carolina 

Whitehall, 5"" July 1754. 
Sir 
Your letter of the 21'' of November last, in answer to the Earl of 
Holdernesse's of the 28"' of August, having been received, and laid 
before the King, I am to acquaint You, that it is His Maj'^" express Com- 
mand, that You should, in obedience tiiereto, not only act vigorously in 
the Defence of the Government under your Care, but that You should 
likewise be aiding and assisting His Majesty's other American Colonies, 
to repel any hostile Attempts made against Them, and it was with great 
Surprize, that the King observed your total Silence upon that part of His 
Majesty's Orders, which relate to a Concert with the other Colonies, wiiich 



COLONIAL RECORDS. 131 



You must be sensible is now become more essentially necessary for their 
commou Defence, since tiie Account which you have no doubt received, 
with regard to the Hostilities committed by the French upon the River 
Oliio, which verify in Fact what was apprehended, when the Earl of 
Holdernesse wrote so fully to You in Agust last, and which might 
have been in great measure, if not totally prevented, had every One of 
His Majesty's Governments exerted Tiiemselves according to those Di- 
rections, the Observance whereof I am now, by the King's command to 
enforce to You in the strongest Mauner. 

lam &c T: ROBINSON. 

P. S. Since writing what is above, His Majesty is pleased to find 
that you have begun to shew an attention to His Commands, by actually 
raisin 300 Men, & I am to Exhort You to proceed with Diligence iu 
taking all farther Measures that shall be necessary for the Publick Ser- 
vice. T : R : 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 232.] 

Governor Dinwiddie to Colonel Inues. 

July 20, [1754.] 
Sir: 

I ree'd Y'r two Letters of the 8th and 11th, and [you] refer me to 
one enclos'd, w'ch You forgot. The Misfortune attending our Expedit'n 
is entirely owing to the delay of Your Forces, and tnore particularly the 
two Ind't Compa's from N. Y. ; how they can answer their disobedience 
to His Majesty's Com'ds I know not, and w'n You have review'd them, 
give me a particular Acc't. As to Y'r regim't I can say little to, as You 
are talking of disbanding them before they join the other Forces. I 
sh'd think the [£]12,000 has been ill managed, if expended already, or 
can I tell the Pay and Cha's attending them till this Time; they have 
been very dillatory and keep droping in one after another. Maj'r Rowan's 
Corapa. took Shipping on Tuesday last for Alex'a; they all have call'd 
on me for Money to pay their Arrears, to buy Cloths, &c. The arrears, 
I think, should have been p'd in No. Car. in Y'r Paper Curr'cy. You 
gave me no Orders to advance Money, or can I do it; our own regim't 
has got all the Money I can spare, and that's attended with heavy Cha's 
to this Co't'y, and each Colony is to subsist, &c., their own Forces. The 
Pork gives but a poor Prospect of rais'g Money from its Couditition, [as 
to] w'ch [I] refer You to my former Letter, and y't Comodity is now 
sold at a large Credit, y't You can have no dependence on it for Cash, 



132 COLONIAL RECORDS. 



unless You order it to be sold at public Veudue. Colo. Hunter, Maj'r 
Carlyle and Self, are in Advance to Y'r regim't, and expect Paym't from 
the Produce of the Pork. I think if You can State the Acc't of Y'r 
Disbursem'ts and Cha's, Yon sh'd transmit the same to Mr. Dobbs (who 
is daily expected) and have his deterniinat'n w't You are to do for the 
Future, and it's probable he will find some Method of keeping Y'r 
regim't together for 8 Mo's longer. As for Y'r Operat's uovv, I desire 
You will call a Council of Y'r field Officers and consult a proper Place 
for building a Log Fort, and erecting a Magazine to receive 6 m's Pro- 
visions for 12 or 14 [sjc.^] men, as I think it's not prudent to march out 
to the Ohio till You have a sufficient Force to attack the Enemy, and y't 
You be properly provided with every thing for y't purpose. The lude- 
pend't Compa's, I think, sh'd remain there, aud w't of Y'r regim't You 
may think proper; the other You may order to Alexa. and Win[ehester] 
for some Time, and y't they may be ready at a Call. I am told You 
can, from the Forces, hire workmen sufficient to build the Fort and Maga- 
zine. Maj'r Carlyle will agree with them to pay so much a day for their 
Labour, and supply Tools, Nails, &c.; this, I think is w't is proper to 
be done at present. The French Prisoners are to be ret'd by the Articles 
agreed on by our People and the French, and [I] shall, therefore, send 
tiiem up to You soon, to be sent by a proper Escort, and to have the two 
Hostages ret'd. Capt. Clark has wrote me for leave to go Home. He, 
nor tiiose Compa's deserve any Indulgence, from their unaccountable 
delays, w'cb they must answer to higher Powers; however, as You are 
Com'd'r in Chief, if You see Proper, You may give him a Furlow for 
some Months. T promised Capt. McKay leave to go Home to his Fam- 
ily, You may some Time hence give him leave, but to return again in 
Jan'ry next. Colo. Muse desires leave to resign his Cora'd ; as he is not 
very agreeable to the other Officers, I am well pleas'd at his resignat'n, 
and have now sent You ten blank Com'o. to'be filled up properly, take 
the advice of Colo. W. in this affair as they must be fill'd up from their 
own Corps. The late unlucky Engagm't gives me Concern, however, 
we must look forwards iu hopes of turning the tables on the Enemy; 
w'ch I am not willing to venture till You have a sufficient Force and 
proper Supplies. I sent up the Small Arms, Bayonets, Powder, and 
Shott for Y'r People, w'ch Maj'r Carlyle tells me arriv'd safe at Alexa'a, 
and I doubt not You have properly disposed of, as before. I can give 
no Orders for entertaining Y'r regim't, as this Doni'n will maintain none 
but their own Forces, You must, therefore, write Mr. Dobbs on the affair, 
and the sooner the better. Enclosed I send You a Let'r and Deposit'n, 
to w'ch I refer You. After Y'r Fort and Magazine is built, I suppose 



COLONIAL RECORDS. 133 



the Independ't Compa's may expect a little Recess in comiug to i)roper 
Places down the Co't'y, tho' to be at call ; in that case You must always 
take care to have a proper [force] at the Fort and Magazine, so that two 
Compa's at least be there. If leave be given to one Compa. for a Mo., 
on their return another [is] to have the same Leave, but this or any other 
Aifairs y't be necessary, I desire may be settled at Y'r Council of War. 
Write how the Officers of the Independ't Compa's and those of our 
Forces are likely to agree, w'ch I expect You will by Y"'r Authority 
Endeav'r to promote, y't everything may be conducted with Order for 
the benefit of the Service. I am quite weary, must tlierefore leave off', 
expecting soon to hear from You, and 

I am, S'r, Y'r h'ble Serv't. 
- Maj'r Carlyle will receive Y'r Orders for supplying Y'r regim't for 
the Pres't. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 261.] 

Governor Dinwiddie to Colonel Iiiues. 

Aug'st 1st, [1754.] 
Sir: 

I detain'd Y'r Mes.senger till I consulted with my Council; they 
advis'd me, and I hereby order You to give proper Direct's for the 3 
Ind't Compa's, to recruit them to the Numbers on the Establishm't ; the 
same orders to Colo. Washington to compleat His regim't to 300 Men, 
and I hope Y^'r regim't consists of 400. Y'ou are to order the general 
rendezvous to be with all Expedition at Wills's Creek, and w'n in a 
Body, You are to march them over tlie Allegany Mount's, and if You 
shall think it impracticable to dispossess the French of the Fort they 
now Posses.s, You are to liuild a Fort at the Crossing Place, red Stone 
Creek, or any other Place y't may be fix'd on by a Council of War, w'ch 
Y'^ou are to call for y't Purpose. The Gov'r of M'yl'd undertakes the 
ordering a Magazine for Provis's to be built at Wills's Creek, and I shall 
give the necessary Orders y't y'r Forces shall be duely and properly sup- 
ply'd with Provis's and any other Thing wanted, y'ts in my Power. 
You have now three Mo's for Action, in w'ch Time, I hope You will be 
able to do something Essential. I presume Maj'r Carlyle must have a 
good deal of Powder and Lead, but write me w't may be wanted, and I 
shall send a proper Supply of every Thing I have. I suppose You will 
take the Swivel Guns and some of the Cannon with You, w'ch You are 
to order as You shall see proper. For Tools, apply to Mr. Carlyle, who, 
undoubtedly, will supply Y'^ou with w't You may want. If he has them 
not, he must purchase them for Y^'ou. 



134 COLONIAL RECORDS. 



The disorder and mutinous Behaviour of the Virg'a regim't, I am 
sorry for ; they have been greatly fatigued and not properly paid, but as 
Money is order'd for them, I hope they will proceed with Spirit; and as 
some Officers may be wanting in y't regim't, consult with Colo. Wash- 
ington and Colo. Stephens on y't head. One Wm. Wright is strongly 
recomended to me; if You see proper, I recomeud him to You, and 
let the Com'o. be among their own Corps. As Officers are wanted in the 
Independ't Compa's from N. York, I think there sh'd be some appointed. 
I recomeud Doct'r Colhoun and another Gent, (his Let'r mislaid), who 
came from N. York as a Volunteer or Cadet. You know the Sea- 
son of the Year requires great Expedit'n ; I therefore desire You to exert 
Y'rself accordingly. Capt. Clark's going to Phil'a to head their troops 
is idle, for as yet they have not voted any Supply ; he and all other 
Affairs, I entirely leave to you, tho' it's probable his Inclinat's and state 
of Health will not admit of any Fatigue. As You do not want the 
Small Arms Mr. Sharp sent You, let them be given to the Virg' regim't, 
w'ch will prevent the delay of sending some from this [place]. I have 
sent from this [place] since the comencement of the Expedit'n, 400 Small 
Arms, 3,800 ft) Ball, 2,800 Flints, and I think, 30 ib Gun Powder from 
Hampton. However, what further Supplies may be wanted, shall be 
sent as soon as I have notice of it. As the Conducting this Expedit'n is 
now entirely with You, I have no doubt of Y'r Care and Diligence in 
executing the Scheme propos'd as above. That Health and Success to 
our Arms may attend You, is the sincere Wish of, 
Sir, Y'r Friend and h'ble Serv't. 

Write me w't You have used of the Ind's Pres'ts. 

P. S. — I have order'd And'w Montour with a Compa. of Ind's to 
You; if tliey come, shew him and them a regard. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 268.] 

Governor Dinwiddie to Colonel Washington. 

3d August, [17.54.] 
Sir: 

I rec'il y'rs of the 28th Ulto. The Bearer brings You £600, w'ch is 
all can be got, and hope it will answer for the pres't. I have no doubt 
w'n tiie Assembly meets they will grant a Supply in such manner as to 
Coin'd Money, the want thereof, I know has been a great Loss to the 
Expedit'n. I am sorry Y'r. regim't have behav'd so very refractory; 
tiio' they have a right to their Pay, they sh'd have been easy till You 



COLONIAL RECORDS. 135 



ret'd. It's strange the Officers sli'd have allow'd them to desert with 
their Guns. I iiope he sent a party after them, and an Example sh'd be 
made of the ringleaders; at this distance, I cannot conceive the reason, 
but appears to me, the want of proper Com'd. Muse wrote me, and I 
answer'd, he was welcome to resign, and I suppose Maj'r Stephens suc- 
ceeds him. I sent You Orders to recruit Y'r regim't with all possible 
Diligence, y't You may be ready to join the other Forces at Will's 
Creek, to execute the Scheme sent by Colo. Innes. I repeat my Orders 
now, and am in hopes You will meet with little difficulty in Complying 
therewith, and y't with Expedit'n, as the season of the Year calls for it, 
and I am couvinc'd of Y'r hearty Inclinat's, w'ch I desire You will now 
exert. 

S'r, Y'r friend, &c. 



[Reprinted from Dinwiddie Papers. Vol. 1. p. 276.] 

Governor Dinwiddie to President Rowan, of North Carolina. 

Aug'st 5th, [1754.] 
Sir: 

Y'r Let'r of 21st Apr. I rec'd on my return from Winchester where I 
went to meet the Chiefs of the Ind's, but was disappointed (the French 
' invading their Lands on the Ohio); they sent me a Message y't they c'd 
not leave their Young Men for fear the French with their fair Promises 
sh'd delude them. The first Detachm't of our Forces march'd over the 
Allegany Mount's, [in] the Mo. of May, under the Com'd of Colo. 
Wa.shington ; the 26th of y't Mo., the Half-King wrote him y't a Party, 
of French from the Fort were hankering round his small Camp and 
desir'd y't he w'd march a Party of his Men to join him and he w'd 
conduct them to their Lodgm't; he accordingly, with 40 Men march'd in 
the Night and join'd the Half-King, one of the Indians tract the feet of 
the French and in the Morning were in sight of them; the French ime- 
diately flew to their Arms, a small Action ensued ; we had one Man killed 
and two wounded; we killed 14 Frencii and took 21 Prisoners, who are 
now in our Goal. The rest of our regim't and the Ind't Co. from Car'o. 
join'd Colo. W. in June; they had Acc't Y't the French were re-inforced 
with 700 Men, and the 3rd July had a further Acc't y't the French were 
on their March to attack them. They had not time properly to draw 
their Men up in Order till they were in Sight,' y'n another Action ensued, 
the Particulars whereof You have in the enclos'd News Paper, just as it 



136 COLONIAL RECORDS. 



was reported to me by our Officers. The French obtain'd the Victory 
by the Capitiilat'n, but the Beliaviour of our few Forces gives them 
Hon'r. If Y'r regim't had join'd our Forces in Time, as might have 
been expected, they w'd not have got this Advantage. The raonstrons 
Delay of Y'r People I cannot acc't for. Capt. McKilware went from 
Hampton the Middle of last Mo., Capt. Varle ab't the same Time, Maj'r 
Roau some Time after, and C't Bryan was at Augusta 27th July. His 
People mutined, and w'd go no further with't Money, w'n a Friend of 
mine was obliged to let him have 40£, to quiet their Mutiny, and Y'r 
regim't have not as yet wholly join'd our Army. Co. Innes writes Y'r 
Money will not last above two Mo's longer, w'n he will be oblig'd to dis- 
band them. There has been bad Conduct, y't the Money rais'd in Y'r 
Province sh'd be expended before the regim't gets to the Place of Action. 
The high Pay (I understand y't was allow'd'them while in Carolina) is 
the reason. Our Forces had no more y'n 8d. "^ Day from [the] Time 
they were enlisted. I shall be glad if you can find some Method to raise 
Money to continue theui longer in the Service. My Orders to Colo. Innes 
are, w'n all the Forces are collected in a Body, to march them over the 
Allegany Mount's endeavour to dislodge the French from the Fort, if 
y't is not practicable, to call a Council of War, and choose a proper 
Place, and there build a Fort, w'ch is all y't can be done at pres't. He 
will have near 1,000 Men with him. M'yl'd has voted 6,000[£]. Pen- 
sylv'a Assembly is now siting. The Gov'r thinks they will grant a 
handsome Supply. The Money rais'd here is very near expend'd. I 
have call'd the Assembly to meet the 22d of this Mo., w'n I have pretty 
good Assurances they will grant further Supplies. I desire You will, on 
return of this Express, write me if Yon think You have any probability 
of more Supplies from Y'r People. It's too hot Weather to drive Steers, 
but in the Fall no doubt they will sell here. The Pork Colo. Innes sent 
to Mr. Hunter proves very bad, but he will make the most of it. If 
You will write Colo. Innes, I shall take care to forward it. I remain 
with great respect, 

Y'r Hon'r's most h'ble Serv't. 



[Reprintkd from Dinwiddie Papers. Vol. 1. p. 287.] 

Colonel Washington to Governor Dinwiddie. 

Alexandria, 20th of August, 17.54. 
Hon'ble Sir: 

I again take the Liberty of recommending to your Honour the great 
necessity there is of a regulation in the Soldiers' pay, and that a deduc- 



COLONIAL RECORDS. 137 



tion be made for the Country to furni.sli them witli Cloaths; otlierwi.se 
they never will be fit for Service. They are now Naked, and can't get 
credit even for a Hatt, and are teazing the Officers every Day to furnish 
them with these and other necessaries. Another thing which shon'd be 
fix'd indisputably, is the Law we are to be guided by, whether Martial 
or Military; if the former, I must beg the favour of your Honour to 
give me some written Orders and indemnification ; otherwise [I] cannot 
give my assent (as I am liable for all the proceedings) to any judgment 
of the Martial Court that touches the Life of a Soldier, tho', at this 
time, there is absolute necessity for it, as the Soldiers are deserting con- 
stantly, and yesterday, while we weue at Church, 25 of them collected 
and were going off in Face of their Officers, but were stop'd and 
Iraprison'd before the Plot came to its full height. We have Catch'd 
two Deserters, which I keep imprison'd till I receive your Honour's 
answer how far the Martial Law may be extended, and it is absolutely 
necessai-y that an Example be made of some for warning to others; for 
there is .scarce a Night, or opportunity, but what .some or other are desert- 
ing, oflen two, or three, or 4 at a time. We always advertize, and pursue 
them as quickly as possible, but seldom to any purpose. The expences 
attending this, will fall heavy on the Country while this Spirit prevails. 
I am Your Honour's Most ob't and most H'ble Serv't, 

G°. WASHINGTON. 



[B. P. R. O. North CarolixV.4. B. T. Vol. 12. C. 41.] 

North Carolina, Cape Fear August 29"' 1754. 
My Loruw, [of the Board of Tr.\de] 

My last of the 3'' June informed your Lordsiiips of the Aifairs of 
this Province to that time. 

Inclosed is the Laws of last Session how your Lordships will take 
the Currency Law I cannot .say but I am sure I have acted the part of 
a faithful .servant to His Majesty: the Council and Assembly were unani- 
mous in not granting one shilling towards the expedition to the Ohio or 
to the Fortifications unless I passed the Bill to which I refer you. 

We have now in Virginia in His Majesty's service near four hundred 
men under the command of very good Officers which we subsist but our 
Fund will not last above three months longer at which time they must 
return if not subsisted by his Maj'^ or some of the Provinces that have 
not furnished men. 

I have no further to add but am with the greatest submission 

My Lords, Yours, &c., MATH: ROWAN. 



138 COLONIAL RECORDS. 



[Repkinted prom Dinwiddie Papers. Vol. 1. p. 302.] 

Governor Dinwiddie's Address to the General Assembly, Proroguing it. 

Sept. 4th, [1754]. 

Gent, of the Council, Mr. Speaker and Gent, of the Ho. 

OF Burgesses: 

The impending danger from the violent Incursions of the French, 
their Threats and depredat's, were the only Motives of calling You 
together at this Time. And the Lives, Liberties, and Properties of Y'r 
Constituents are in such iminent Hazard I did not in the least doubt but 
y't You w'd before this have strengthened my Hands with a proper Sup- 
ply to frustrate their malicious Intent's, and especially w'n I rec'd from 
You such strong and repeated Assurances y't You were determined, on 
Y'r Parts, to withstand the impend'g- danger and to pursue every Meas- 
ure in Y'r Power to defeat these pernicious designs of Y'r Enemies, I 
tho't I might reasonably admit the pleasing Hopes y't You w'd eifect- 
ually provide for y'r Country's Preservat'n and convince the World y't 
You had nothing more at Heart than a zealous discharge of Y'r duty to 
the best of Kings and the sincerest regard for y'r Country's Welfare. 

How great y'n, Gent., must be my surprize, and with w't Amazem't 
must Y'r Co't'y, and the World, .see such High Expectat's cast down so 
low ! See You called upon in the day of Y'r Country's distress, hear 
vou declaring Your Knowledge of her danger and professing the most 
ardent Zeal for her Service; yet find these declarat'ns only an unavailing 
Flourish of Words, and y't iucon.sistent with Them and the Purposes of 
Y'r Meeting, You Withold Y'r aid and thereby leave the Enemy at full 
Liberty to perpetuate their destructive and unjust designs. The Inde- 
peud't Companies ordered by His M'y, cloathed and paid by him, and 
now employed in Y'r imediate defence. You absolutely, by Y'r resolve 
to me, deny subsistence to: A thing unprecedented in any of His M'y's 
dom's where they have been employ'd in their defence from Incursions 
or threatened Invasions. I have my Master's Service, and the Safety 
and Hon'r of Virg'a, so much and so truely at Heart, y't I cannot but 
be deeply affected at a Conduct so contrary to lier Interest and not alto- 
gether unconcerned for You, Gent, of the Ho. of Burgesses, y't You sh'd 
appear in .so bad a Light to His M'y, and give such an ill Impression to 
the neighbouring Colonies. However, as I find You are determined not 
to do w't Y'r Duty to His M'y and the present obvious danger indis- 
pensably require, I think it proper to avoid aggravating unnecessary 



COLONIAL RECORDS. 139 



Expences, particularly Iii[con]vem'ent at this Time, an.l therefore, to 
put an end to Y'r Continuance here, I do prorogue Yoii to the 17th day 
of Oct'b'r next, and You are accordingly prorogu'd to y't Time. 



[Reprinted from Diswiddie Papers. Vol. 1. p. 303.] 

Governor Dinwiddie to Governor Sharpe. 

Sept'r (jth, 1754. 
Sir: 

Y'r Kind favo. of the 20th Aug'st I rec'd, and .sh'd have answer'd 
before this, but waited the result of our Assembly, w'ch I prorogu'd 
Yesterday after [their] doing Nothing to support the pres't Expedition. 
On y'r first meeting they appear'd greatly inclin'd to give a handsomfe] 
Supply; I pre.ss'd the absolute Necessity thereof with all the Int't I 
had, and they accordingly voted 20,000[£], w'ch gave me much Pleas- 
ure, but the Day after, on tlie third reading of the Bill, thev loaded it 
with a rider for paying Payton Raudol])h, Esq'r, (the Person they sent 
Home to complain ag'st me,) 2,500[£]. As the Council had formerly 
rejected a resolve for y't Sum, they c'd not, in hou'r, pass this as a rider 
to a Money Bill for a Supply to His M'y, w'ch is incoustitutional, there- 
fore rejected it. I took all the Pains in my Power to convince them of 
the irregularity of their Proceedings by acquainting them that the resolve 
for y't Sum, with their other resolves, lay now with the King and Coun- 
cil ; it was therefore out of our Hand.s, and we c'd not meddle with it 
till we heard the Determinat'n of the Council thereon, but all the 
Argum'ts I c'd use, availed Nothing; they were obstinate, and by no 
means w'd send the Bill with't the rider to the Council, on w'ch I was 
oblig'd to prorogue them till the 17th of Oct'r, w'n I hope thev will 
come in a better Temper, and before that Time I expect a King's Ship 
with Mr. Dobbs, Gov'r of No. Car., and hy her I probably siiail have 
Acc't of all the Aifairs y't lie before the Council. Tlie Plan of Operat's 
y't I proposed for this Fall, are entirely defeated : — 1st. By the No. Car. 
Forces <lisbanding Them.selves, w'ch was occasioned by a monstrous mis- 
managem't of them from tlie Beginning; they raised 12,000[£]. The 
Presid't of y't Colony gave tlie private Men 3s. Proclam'n Money '^ 
Day, and the Officers in Proportion, .so that their Money was wholly 
expended before they joined the other Forces, and w'd serve no longer 
with't A.ssurance of the above Pay. This is monstrous ill conduct, and 
more .so, because I wrote the Presid't the Establishm't of the Pay of our 
regim't. Next is the reduct'n of the No. of our Forces, tho.se killed and 
Wounded unlit for Service, and de.sert'n, w'cii has reduced the Number 



140 COLONIAL RECORDS. 



to 150. If the [appropriation of the] 20,000[£] had pass'd, I fully 
intend'd to Augm't our regim't to eight Compa's of 70 Men each, w'ch 
with Officers wanted, w'd have made 600 Men, and, in course, made up 
the deficiency occasioned by the No. Car. People, hut the Obstinacy of 
our Assembly have defeated my Intent's, and [I] am now perswaded y't 
no Expedit'n can be conducted here with dependence on American As- 
semblies. I have therefore wrote to y't Purpose Home and have pro- 
pos'd a B. Act of Parliam't to compel! the Subjects here to Obedience to 
His M'y's Com'ds, and to Protect Y'r Properties from the Insults of 
the French by proper Supplies and a vigorous resistance. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 43.] 

Copy of a letter from Col. Joiin Clark to Pres' Rowan. 

Pacalet, Sepf^ 25"^ 1754. 
Most Worthy Sir, 

This melancholy news is to let your Honour Know that on Monday 
morning the 16* of this instant at the House of John Gutrey & James 
Anshers on the North side of Broad river on Buffellow Creek was killed 
16 persons and ten which we did not find which we suppose to be killed 
or carried away captive. As to tlie manner of the murder please to 
enquire of the Bearer who can give a true account being with me at the 
burial of the dead and saw the weapons of war which they left and the 
manner of their going away. As to what Indians that has done the 
murder we know not we believe them not to be French by not having 
the Cross on the Instruments of war which they left behind them. It 
appears to me by their behaviour that they intend to cut our back settle- 
ments off without some speedy relief from your Honour, who has always 
been the support of our back settlements. I entreat your Honour to 
take our weak ca.se into your consideration and grant us a quantity of 
men with arms & ammunition sufficient to range the frontiers of our set- 
tlements to keep the enemy off us. 

Without this or some other method which your Honour may think 
more proper we shall of necessity be obliged to move off as several of our 
neighbours has already done. 

If your Honour think proper to grant us any men I beg that you 
would order William Green Commander of the same he being a man of 
good conduct and a good Woodsman. 

I have no more to add but pray detain not the Bearer but grant us 
some speedy relief for we are in great danger. 

My compliments to Madam Rowan & am, Sir, Yours, &c., 

JN° CLARK. 



COLONIAL RECORDS. 141 



[Fkom MSS. Records in Office op Secretary op State.] 

North Carolina — Rowan & Ansou Couutys 

At a Treaty held on Thursday the Twenty Ninth day of August 
one Thousand Seven Hundred and Fifty four at the house of Mr. 
Matthew Tool, Between Alexander Osburn & James Carter Esq" Com- 
missioners, and the Cataba Indians — 

Present 
King Hagler and sundry of his headmen and Wariors 
James Carter ~j 

& VEsq" Commissioners &c. 

Alexd'' Osburn J 

The Commission which was sent by his Hon' the President to the 
above Commissioners, being Read in the presence of King Hagler and 
sundry of his headmen and Wariors, after which it was Interpreted by 
Mr. Matthew Tool, Together with the Letter which was also sent by 
his Hon' to Cap' M'Clenachan And'^ Perkins Esq' and Others, as Con- 
cerning said Indians 

After Each sentence was Distinctly Interpreted by Mr. Tool, who 
was Sworn for that purpose the King made the following Speech — 
Brothers and Wariors 

I am Exceeding glad to meet you here this day, and to have the opper- 
tunity of haveing a talk one with an Other in a Brotherly and Loveing 
manner, and to • Brighten, and Strengthen, that Chain of Friendship 
which has so long remained between us and the people of those three 
Provinces, and I am Very Sorry to hear those Complaints that are Laid 
to our People's Charge, But now will Open our Ears to here those 
Grievances & Complaints that shall be made by you against our Young 
men and Others, and we do Heartily Thank our Good Brother the Presi- 
dent of North Carolina for his good Talk in his Letter to us, and also 
for his appointing You to meet us here, to have this Discourse. 

Then William Morrison Appeared, to support the Complaint that was 
by him Made to the Officers at a late Court martial held in Rowan 
County, Concerning the Indians Insults to him at his own house, some 
time before, when they Came to him at his mill and Attempted to Frow 
a pail of water into his Meal Trough, and when he would prevent them 
they made many attempts to striek him with their guns over his head 

To which some of the Indians said what they Intended to do with 
the water was only to put a handful or Two of the meal into it to make 
a kind of a Drink which is their way and Custom. 



142 COLONIAL RECORDS. 



The King also Said that it was well that one of them had killed him, 
for said he had they killed You or anybody Else we would surely have 
killed him for they would not let him Live above the ground, but would 
put him under the ground, as Lately we have Done to one of our Young 
Fellows who got Drunk and in his Liquor met with a little girl on his 
way below the Waxhaw Settlement and kill'd her we were Imediately 
aprized of it by one our own People, and we soon Discovered who, it was 
that Commited the fact whereupon we Directly Caused an Other young 
man the fellows own Cousin to kill him, which he readily did in the 
presence of some of our Brothers, the white people in Order to shew our 
Willingness to punish such offendei-s. 

Then Came James Armstrong William Young and William M'Night 
who Laid sundry things to the Indians Charge, (to wit) Concerning their 
taking Bread meat meal and Cloaths and also for attempting to Take 
away a child, and attempting to stab men and women if opposed by them 
from Committing those Crimes, To which the King & some of the 
Headmen, Answered 

Brothers as You are Wariors Yourselves, You well know that we 
oftentimes goe to War against our Enemies and Many Times we are 
Either makeing our Escape from our Enemies or in pursuit of them, 
which prevents us from hunting for meat to Eat when we are in Danger, 
least our Enemy should Discover us; and as this is our Case many times 
we are forced to go to Your houses when Hungry, and no sooner we do 
appear but your Dogs bark and as soon as You Discqver Our Comeing 
You Imediately hide Your Bread Meal and Meat or any Other thing 
that is fit to Eat about your houses, and we being sensible that this is 
the Case, it is True we serch, and if we finde any Eatables in the house 
we Take some, and Especially from those who behave so Churlish and 
ungreatfull to us, as they are very well assured, of our great need many 
times for the Reasons we now give, It we ask a little Victuals you 
Refuse us & then we Owne we Take a Loaf of bread a little meal or 
meat to Eat, and then You Complain and say those are Transgressions, it is 
True there are many in those Settlements that are very kind and Curtious 
to us when or as often as we come they give us Bread and milk meat or 
Butter very freely if they have any ready and never Do refuse whether 
we do ask or no, and if it should happen that they have nothing we goe 
away Contented with them, for we well know that if they had any thing 
ready we would have it freely &c not Refused by them. One of the 
Captains named James Bullin Owned that not Long agoe he and his 
men were in pursuit of the Enemy and then on their Track he Came to 
James Armstrong's house, the above Complainant, who gave him a small 
Cake of Bread, and being very hungry he asked more for himself and 



COLONIAL RECORDS. 143 



his men, and being Told by s^ Armstrong that there was no more 
ready in the house One of the Indians Lifted up a bag that lay in the 
house Under which they Discovered Some Bread which they had Sus- 
pected was hid from them, and taking some of it the woman struck one 
of them Over the head, which is the Cause of our Taking, Those things 
without law that we would not do to those who are kind to us in our 
Necessity when we apply to them 

King — You I Remember Brothers accuse our People with attempting 
To take away a Child from one of Your People, but I hope you will not 
harbour this Thought of us so as to Imagine it was done in Earnest, for 
I am Informed it was Only done by way of a joke by one of our wild 
Young men in Order to Surprize the People, that were the parents of 
the Child, to have a Laugh at the Joke 

But as to their Takeing other things such as knives Cloaths or Such 
Things we own it is not right to do but there are some of our young 
fellows will do those tricks altho' by us they are oftentimes Cautioned 
from such ill Doings altho' to no purpose for we Cannot be present at 
all times to Look after them, and when they goe to war or hunting 
Among the Inhabitants we generally warn them from being any ways 
oifencive to any white person upon any Consideration whatever, 

King — Brothers here is One thing You Yourselves are to Blame very 
much in, That is You Rot Your grain in Tubs, out of which you take 
and make Strong Spirits You sell it to our young men and give it them, 
many times; they get very Drunk with it this is the Very Cause that 
they oftentimes Commit those Crimes that is oifencive to You .and us 
and all thro' the Effect of that Drink it is also very bad for our people, 
for it Rots their guts and Causes our men to get very sick and many of 
our people has Lately Died by the Effects of that strong Drink, and I 
heartily .wish You would do something to prevent Your People from 
Dareiug to Sell or give them any of that Strong Drink, upon any Con- 
sideration whatever for that will be a great means of our being free from 
being accused of those Crimes that is Committed by our young men and 
will prevent many of the abuses that is done by them thro' the Effects 
of that Strong Drink 

CoMMiSS" — King Hagler and Brethren here is one thing more that is 
Laid to your peoples Charge by many of the white people, that is your 
Comeing into our woods and among our plantations and Steale our horses 
mares and Young Creaturs from us and Takes them away and sell them 
to others under a pretence of their being your property if such Things as 
these were Done by any of our people ag" one an other, our Laws and 
Customs are to put them to Death, or any oiFender when Discovered or 
Cutch'd in any such heinous fact, or for smaller facts they are punished 



144 COLONIAL RECORDS. 



according to the Nature of the Crime; but when your people do any of 
these things we have no remedy but are obliged to apply our selves to 
you, that the Offenders may be punished according to the Nature of the 
Crime and according to your manner and Customs, and if these Offences 
are by you permitted to be done it will be a great means to Breake that 
strong Chain of Fi-iendship that has been so Long made Between as: 
it will also be a means to rise discentions among you and us and make 
us act and be hard towards one an other as tho' we were Entire Enemies 
to one an other, if this should be our Case the Great king your Father 
and ours would be much Displeased with you and us, as he looks upon 
us as his own Children and so doth the president who he sent here in 
his stead as a guardian over us and you, but on the other hand whilst 
we behave well to Each Other it will Cause them to Rejoice and they 
will be r^ady and willing to protect us from the Impositions of Insults 
of any other nations or that would attempt to take our properties from 
us or you 

CoMMiss" — You Remember in tlie Letter the President wrote to you by 
Cap' M°Clenachan and tiie other Gentlemen he told you that he had un- 
derstood that Mr. Glen the Governor of South Carolina Incouraged you to 
Drive, all the white people from the Land within thirty miles of Your 
Nation, if he has told you so you Cannot Expect that this man Loves 
vou or the white people. Because he well knows that the great king your 
Father & ours gave tiiose Lands to his Children and also he gave it into 
the Care of the President of North Carolina to Divide according to his 
Discretion among his people and not to the Governor of South Carolina 
and it is his desire and pleasure to do Justice Between you and us, for he 
Looks upon you and us as his own people and would rejoice to here of 
our Unity and Friendship to Each Other for whilst we behave thus to 
Each Other and stand by Each other we need not fear any oppressors 
that should attempt or Come to Dismay us. 

King — Brothers and Warriors You Talk very well, and as to your 
talk about our people takeing your Horses and Mares, it is very True 
there are a great many of our Creatures that Runs amongst the wiiite 
peoples and there are also many stole from us by tliese people for it is 
not Long ago since we caught a white man with some of our Horses 
and sent him to Justice, but was not punished as Represented to us while 
agoe 

CoMMMiss" — Wiio was that Justice you Carried him before 

Indians. — Before Mr. M^Girt in Soiitii Carolina below tlie Waxhaw 
settlement. 



COLONIAL RECOKDS. 144a 



CoMMiss" — This oifeuce was not in our power to punish for we have 
no authority in an other Government so that we are Excusable in this 
Case. 

King. — As to our Liveing on those Lands we Expect to live on tiiose 
Lands we now possess During our Time here for when tiie Great man 
above made us he also made this Island he also made our forefathers 
and of this Colour and Hue (Showing his hands & Breast) he also 
fixed our forefatliers and us here and to Inherit this Land and Ever 
since we Lived after our manner and fasiiion we in those Days, had no 
.Instruments To support our living but Bows which we Compleated 
with stones, knives we had none, and as it was our Custom in those 
days to Cut our hair, which we Did by Burning it of our heads and 
Bodies with Coals of Fire, our Axes we made of stone we bled our 
selves with fish Teeth our Cloathing were Skins and Furr, instead of 
which we Enjoy those Cloaths which we got from the white people and 
Ever since they first Came among us we have Enjoyed all those things 
that we were then destitute of for which we thank the white people, 
and to this Day we have Lived in a Brotherly Love & peace with them 
and more Especially with these Three Governments and it is our Earn- 
est Desire that Love and Friendship which has so Long remain'd should 
Ever Continue. 

King. — Our Brother the Governor of Virginia sent for us not Long 
agoe, we gladly answered his Call, and he Entertained us and shook 
hands with us very kindly, and had he Indulged us we would have 
Gone with the white people to war against their Enemies the French, 
but arms and ammunition being not sufficient to supply the white peo- 
ple who were then going out, we were forced to Return Back to our Na- 
tion again uutill further Instructions from him 

We understand that our Brothers and the french has had a battle and 
that several of our friends were kill'd I am heartily sorry for it 

We Never had the pleasure of seeing our Good Brother the President 
of North Carolina as yet, but this Let our Brother know that we want 
to be brothers and Friends with him & all his people, and with the great 
king over tlie water, and ail his Children, and to Confirm the same I 
shall as soon as get home I will Call all our nation Togethei' and charge 
tiie young men and Wariors Not to Misbeiiave on any Consideratiim 
whatever to the white people and as we do Expect an Everlasting 
Friendship between you and us, we Expect your kinds to us for ever as 
you may depend upon our Friendship and kindness to yon. 

And Tell our Brother the President of North Carolina that if this 
war Continue* between the white people and the french that 1 and my 



1446 COLONIAL RECOEDS. 



people are ready and Willing to Obey his Orders in giveing all possible 
assistance in my power to him when called by him or the Governor of 
Virginia and as a pledge of the same Take our Brother this letter as a 
token of Everlasting Friendship and return him Thanks for our good 
Talk this, Day with Each other. 

Then they shook Hands all round. KING HAGLER 

A True Coppy as to me Delivered by Mr. Matthew Toole Inter])reter 
at the above Treaty. 

Jn° Dunn 

[From MSS. Records in Office of Secretary op State.] 

D' S'^ LiSBouEN 10'" Oct' 1754 

Since we Parted in Dubliu I have Been as Assiduous as in ray Power 
in Purchasing a Cargo & in furnishing & Equipping my new Ship for 
the Purposes then Mentioned to you in the Strongest and in every Re- 
spect in the most Compleat manner and as such it was impossible for rae 
to Bring her to the Harbour of Belfast before the first Ins' by means of 
which unavoidably Delay I apprehend the siiip has lost Three fourths 
of her Passengers she might very Commodiously carried according to 
your Scheme which She shall Constantly Pursue untill my Charitable 
donation be fully Compleated and as much longer as you may Advise 
my Nephew John Sampson and me, twas the depeudance I had on 
your goodness & Publick Sperritt. which I Observed from my Earlyest 
Acquaintance with you that under God induc'd to the dotation of one 
thousand Pounds yearly for ever for the Propigation of the Gospell 
among the Indian Nations in and near your Government & that you & 
your Successers as Governours, the Councill, & the Assembly of North 
Carolina be Perpetuall Trustees for this donation to commence after the 
death of my s'' Nephew on whome I depend to enlarge this my Gift to 
North Carolina as thereby he may be enabled at his Death my said 
Nephew whome. I Brought from said Province by my Letters to him to 
said Purpose having Informed me that he shew my letters to some of 
the Members of your Councill and Assembly for said Province & that 
they Assured Him that Provided my donation was not Confined to the 
Indians Only, but made to Extend as an Academy or Seminary for Re- 
ligion and learning to all his Majesties Subjects iu North Carolina they 
in that Case would Enlarge my donation by a reasonable Tax on each 
Negroe in that Province whereupon my Lawyer whome I fee'd to draw 
Propper deeds for me to Execute to that Effect in Confirance with my 
Lord Bishop of Derry then ready to imbark for England they Both 
concur'd in advising me to surspend the Execution of .said Deeds so 



COLONIAL RECORDS. 144c 



Prepared untill by some Act of Assembly a Perpetnall Tax was fixed to 
induce me to Alter my Originall Scheme and untill said Bishop in Con- 
firance with the Society in Ijondon for the Propegation of the Gospell 
and on their Recommendation to the King and Councill a Charter & 
farther Encouragement may be Obtaind thus as I am Advised that an 
Act of Assembly in North Carolina is Previously Nessessary to my 
Executing said Deeds & Previously Necessary to Induce the King and 
Councill to do the needfull on their Part so as this Pnblick good may 
be put on as Rational & lasting a foundation as Human Wisdom can 
advise I make no Doubt of your zeal and Expedition in laying the 
Purport of this my Letter in Propper form Before the states of said 
Province on your first Assembly of them by which & their Concurance 
as afs* the Deeds as afs* to be Executed by me and my Nephew M' John 
Sampson shall go by him on his Next Return to North Carrolina & I 
make no Doubt but that he may also Carry with him what may be Nec- 
essary on the Part of our King and his Councill as afs* the Bishop of 
Derry who is my most Zealous Solicitor being now in London & there 
to Continue till about the first of may next & having the best Intrest at 
Court and in London of any Bishop in Ireland being now Hurried by 
other affairs I must for the Refreshment of your Memory as my Origi- 
nall Scheame Refer you to my Letter to M' John Sampson then in North 
Carrolina which Bro' him to this Kingdom. 

A True Extract from the Original Letter Subscribed 

GEORGE VAUGHAN 

Laid before the Assembly Dec' 24 & read in the House 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 42.] 

Cape Fear, North Carolina October 22'* 1754. 
My Lords [of the Board of Trade] 

My last inclosed the Laws of last Session of Assembly; I omitted 
sending the Journal of the House of Burgesses for March 1753 by mis- 
take. I herewith inclose it; the Journal of the House of Burgesses for 
last Session I have not yet received from the Clerk. 

Since my last the North Carolina regiment I sent to the assistance of 
Virginia were disbanded by Colonel Innes, who had the command of that 
Regiment and all the other Forces at Winchester the ll"" of August, for 
want of subsistance; a very small sum with good words would have 
kept them together till Gov'' Dobbs' arrival. 



lUd COLONIAL RECORDS. 



The Minutes of Council will be ready to transmit in a few days. 

I have used my endeavours to get the list of Vessells enter'd & cleared 
but not one Collector has as yet taken any notice of it. 

The state of the Militia I have transmitted in the best manner I cou'd 
which I think is pretty exact. 

The Treasurers Account has never yet been sent home. Mr. Dobbs 
will soon be aWe to regulate that matter. 

A few days ago I received a letter by express from Col : John Clark 
of Anson County informing me of the murder of 16 white people & 10 
carried away, a copy of which I inclose. 

I have sent up what powder and lead I cou'd get with Orders to Col : 
Smith, the commanding Officer in Rowan County to assist Col: Clark. 

When Col: Clark's express came away a party of the Cataba Indians 
were on the track of the Indians that committed the murder. I expect 
every hour to have an Account of them. 

Last Friday night I received by express a letter from Governor Dobbs 
from Hampton in Virginia dated the T* inst. he arrived there the night 
before in the Garland Ship of War after a passage of ten weeks from 
Plymouth they met with a violent storm in whicli they lost their main 
mast and sprung their fore mast he was setting out for Williamsburg 
where he intended to stay some days; I set out to morrow morning in 
company with the Members of Council that live this way to meet him at 
Newbern. I am with tlie greatest, &e., 

MATH: ROWAN. 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

Circular to the Governers in North America. 

Whitehall Oct' 26'" 1754. 
Sir, 

Having informed you in my leter of July 5"" That The King had 
under His Royal Consideration the State of Affairs in North America; 
I am now to acquaint you. That, amongst other Measures, tiiat are 
thought proper for the Defence of His Maj'^'^just Rights, & Dominions, 
in those Parts, Tlie King has not only been pleased to order Two Regi- 
ments of foot, consisting of 500 Men, Each, besides Commissioned, & 
nori-Commissioned officers, commanded by Sir Peter Halkett, & Col' 
Dunbar, to repair to Virginia, & to be there augmented to the number 
of 700, Each; but likewise, to send Orders to Gov' Shirley, & Sir Wil- 
liam Pepperell, to raise Two Regiments, whereof They are, respectively, 



COi^ONIAL RECORDS. 144e 



appointed Colonels, of 1000 Men, Each; And, also, to sign Commissions 
for a Number of officers to serve in said Two Regiments, & who will, 
forthwith, repair to North America for that purpose. 

Whereas there will be wanting a considerable Number of Men to make 
up the designed Complements of the said Four Regiments; It is His 
]y[gjty)s Pleasure, That you should be taking the previous Steps, towards 
contributing, as far as You can, to have about 3000 Men in Readiness to 
be enlisted; And It is His Maj'^" Intention, That a General Officer of 
Rank, & Capacity to be appointed to command in chief all The King's 
Forces in N° America, a Deputy Quarter Master General, & a Commis- 
sary of the Musters, shall set out, as soon as conveniently niav be, in 
order to prepare every Thing for the Arrival of the Forces above men- 
tioned from Europe, for the Raising of the others in America. 

You will receive from That General, & the other Officers just mentioned, 
full & exact Account of the Arms, Cloathing, & other Necessaries, to be 
sent, upon this important Occasion, as likewise of the Ordnance Stores, 
& of the Officers, and Attendants, belonging thereto. All which being 
ordered for this Service, are such proofs of His Maj'^" Regard for the 
Security, & Welfare of His Subjects in those Parts, as cannot fail to 
excite you to exert Yourself, & Those under your care, to take the most 
vigorous Steps to repel your common Danger; & to Shew, That The 
King's Orders, which were sent you, last year, by the Earl of Holder- 
nesse, & were renewed to yon, in my Letter of the 5"" July, have, at last 
rouzed that Emulation, & S]iirit, which Every Man owes, at this Time; 
to His Maj'^ The Publick, & Himself: The King will not, therefore, 
imagine, That Either You, or the Rest of His Governors, will suffer the 
least Neglect, or Delay, in the Performance of the Present service, now 
strongly recommended to you; ])articularly, with regard to the following 
Points; viz'. That you should carefully provide a sufficient Quantity of 
fresh Victuals, at the Expence of Your Government, to be ready for the 
Use of the Troops at their Arrival. 

That you should likewise turnish the Officers, who may have Occasion 
to go from Place to Place, with all Necessaries for'Traveling by Laud, 
in Case there are no Means of going by Sea. And 

That you should use Your utmost Diligence, & Authority, in procur- 
ing an exact Observance of such Orders, as shall be issued, from Time 
to Time, by the Commander in Chief, for Quartering the Troops Im- 
pressing Carriages, and Providing all Necessaries for such Forces, as 
shall arrive, or be raised, within Your Government. 

As the Articles abovementioued are of a Local & peculiar Nature, 
& Arising entirely within Yonr (Tovernment, It is almost needles-s for 



144/ COLONIAL RECORDS. 



Me to acquaint You, That His Maj'^ will expect, That the charge thereof 
be defrayed by His Subjects belonging to the Same. But, with regard 
to such other Articles, whi-ch are of a more general Concern, It is the 
King's Pleasure, That the Same should be supplied by a Common Fund, 
to be established for the Benefit of All the Colonies, collectively, in N° 
America, For which purpose, You will use your utmost Endeavours to 
induce the Assembly of Your Province, to raise, forthwith, as large a 
Sum, as can be afforded, as their Contribution to this Common Fund, to 
be employed, provisionally, for the general Service of North America 
(particularly for paying the Charge of Levying the Troops, to make up 
the Complements of the Regiments abovementioned,) until such Time, 
as a Plan of general Union of His Maj'^'^ Northern Colonies, for their 
Common Defence, can be perfected. 

You will carefully confer, or correspond, as You shall have Opportu- 
nities, upon every Thing, relative to the present Service, with the said 
General Sir William Pepperell, & Gov' Shirley, or Either of Them; 
&, as It is the King's Intention to give all proper Encouragement to such 
Persons, who shall engage to serve upon this Occasion, You will acquaint 
all such Persons, in the King's Name, That They will receive Arms, 
& cloathing from hence, & Tiiat They shall be sent back (if desired) 
to their respective Habitations, when the Service in America shall be 
over. 

As the several Governors, in all The King's Provinces, & Colonies, in 
N° America, will receive, by this Conveyance, a Letter to the same Eifect, 
with This, which I now send you. They will be prepared, at the same 
Time, to obey His Maj'^' Commands: — And I am to direct you, to cor- 
respond with All, or Either of Them, occasionally, as you shall find it 
expedient for the General Service. 

I am &' T ROBINSON. 



[Reprinted from Dinwjduie Papers. Vol. 1. p. 361.] 

The Plan of Military Operations — A Plan of Operations, Consulted and 
agreed upon by Gov'r Dinwiddie, of Virg'a; Gov'r Dobbs, of No. 
Carolina, and Gov'r Sharpe of M'yl'd. In Consequence thereof, Gov'r 
Siiar|)e, who is, by His M'y, appointed C'om'd'r of the combined Forces 
on liie Expedit'n to the Ohio, agrees to the same as follows: 
In pursuance of their Advice and Approbat'n of the Scheme, I propose, 

if possible, to a,ssemble 1,000 men, the Ind't Compa's included ; and unless 



COLONIAL RECORDS. 144^^ 



the Winter sets in too severely very shortly, I hope they will be able to 
carry the Fr. Fort on the River Monongahela, at least before it can be 
reinforced from Canada, in the Spring. Tiiis, indeed, and bnilding a 
Fort (w'ch we think necessary) opposite to it, on an Island in the Ohio, 
is all I can entertain very sanguine Hopes of being able to execute, with 
so small a Number of Men as I [am] affraid will be under mv direct'n 
unless we are reinforce'd from Home, as large Detachm'ts will be ime- 
diate[ly] necessary, and must be employ'd in garrisoning those Forts (sh'd 
we be successful in our Enterprize), and one y't is already built at a Place 
called Will's Creek, on Potom'k, by way of Magazine for the Forces y't 
shall be employ'd in this Service. And if we find there is the least Pros- 
pect of succeeding therein, I will make an attempt, with our American 
Strength, on the Forts w'ch the French have built near Lake Erie, up the 
River Buffaloe. And You will b& pleased to assure his Majesty v't 
Nothing shall be wanting, on my Part, to perform it, tho' I hope y't the 
strength of the Enemy in those Parts, and their Superiour Knowledge of 
the Co'try proposed for the Scene of Act'n, as well as tlieir numerous 
Allies among the Ind'n Nations, will be taken into Considerat'n, lest my 
utmost-Endeavours and Success with an Inferior Force sh'd not answer 
His M'ty's Royal Expectations. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 44,1 

Letter from Arthur Dohbs, Esq'", Governor of North Carolina, to the 

Board, dated Newbern, Nov"' 9* 1754. 
To the right hon"' & hon"" the Comm" of Trade &c. 
My Lords, 

Upon my leaving Virginia the 23^'* of October after consulting with 
Mr. Dinwiddie and Col. Sharpe, to. whose letters I beg leave to referr I 
made the best of my way for this place. About the boundary line of 
this Province, I met the messenger I had .sent to Cape Fear, to the Presi- 
dent upon my landing in Virginia, and had an account from the Presi- 
dent thsft he had sent to summon the Members of the Council to meet 
him here the 29"", to receive me, and swear me into the Ga\-ernment so 
that I found my stay in Virginia had occasioned no delay in business, 
since I could not have been sworn before the 30'", and I arrived here on 
Thursday the 3P', having lost one day at Edentou by a ferry above eight 
miles over, by a contrary wind so fresh that tho ferry boat could not pass. 
The President and Mr. Murrav met me at Bath town; when I arrived 



144A COLONIAL RECORDS. 



here there- were ouly two more of the Council arrived, Mr. Rutherford 
and Mr. Swan, Chief Justice Hassell having been detained at his Cir- 
cuit Court at Edgconib, so that I had but 4 to swear me, but as it was 
chiefly matter of form, tho' material to begin upon Busyness, I took the 
several oaths required, and then administered them to the Councillors 
present, according to my Instructions, and after reading over some of 
the most material Articles, gave Orders in Council for issuing a Procla- 
mation for dissolving the Assembly that day, and for issuing writs next 
day, to elect 60 members pursuant to ray Instructions; who by the prac- 
tise here are to be elected on the same day, which I appointed for to be 
on the 26* instant, and the Assembly to meet here on the 12* of Dec' 
forty days from the test of the writs. On Saturday the 2'' after swear- 
ing Mr. Hassell I by advice of the Council ordered a Proclamation for 
all Officers to hold their places till farther Orders, & then published by 
Proclamation the repeal of several of the Laws, which were necessary 
immediately to be known, but the Laws about the Courts of Justice, the 
Law about Elections and those for erecting Counties &c. as it might 
occasion a confusion at present, we thought it prudent not to publish the 
repeal of those until the Assembly met, or after the first Prorogation to 
prevent delays & disputes as well as about the right of the Members, as 
we had not time to make out Charters without postponing the Assembly, 
which might delay us in assisting Virginia. 

I then directed circular Orders to be sent t(j the ColP & Captains of 
tiie Militia to send me an exact list of the men in their several districts 
capable of bearing arms, with an account how they were armed & what 
ammunition they had, to be returned to me by the 12* of December; 
(and then enquired into the state of the Publick Stores and witii concern 
must inform your Lordships, that there is not one pound of gunpowder 
or shot in store in the Province, nor any arms, and those given to me by 
His Majesty are not yet arrived from Virginia, tho' hourly expected, 
nor upon enquiry can I find that there are twelve barrells of gunpowder 
in the Province, in Traders hands; and that they sell at two shillings 
per pound currency, and shot in proportion.) 

I at the same time sent Orders to the Registers and County Clerks to 
send me a return upon Oath of the number of taxables, distinguishing 
how many whites tt blacks and also an account of the number of women 
and I'hildren. 

I shall also by the first opportunity send Orders to the several Collec- 
tors or pro|ier Officeuj- to send me a list of the A^cssells entered inwards 
or outwards, distinguishing from what Ports for 7 years past; and also 
what number of Negroes have been imported in that time, and an accpunt 



COLONIAL RECOKDS. 145 



of the gross and net produce of tlie several duties, fines, forfeitures &e. 
for 7 years in order to know the state of the revenue raised in- the Laws 
of the Province and what, care is talven of the Collection. 

I have also directed Mr. Rutherford the Receiver General to make 
out immediately his account of receipts and payments and arrears stand- 
ing out upon the Quit rents, and to make out a rent roll distinguishing 
the quantity of Land grafted by Patent from those by warrant in each 
County; in order to transmit the account to your liordships, and to the 
Lords of the Treasury, and have directed Mr. M°Culloh the Auditor to 
meet him, that no time may be lost in doing it, in the best manner they 
can, altho' it may not be perfect, which can't be until a true Survey is 
made of each County, and where the Counties are divided between the 
King and Lord Granville, I submit it to your Lordships, whetlicr you 
won't apply to his Lordship, to send orders to his Agents here, to joyn 
in the expense in proportion to the number of acres which shall appear 
to be in his part of each County; As this Survey can't be done without 
expense, I submit it to your Loi'dships whether you won't apply to the 
Treasury for an Order to the Receiver General to pay the expense out 
of the Quit rents; as it must ascertain & greatly increase the rent roll 
and receipts; by discovering the quantity of Lands granted in each 
County and consequently discover what surplus Lands are held, above 
what is granted by patent, as the total of the Grants ought to make up 
the total of the Survey in each County, if no surplus Lands are held by 
patent, for I apprehend the Assembly will give no allowance for that 
pupose. 

I have acquainted Mr. Rutherford that the Lords of the Treasury had 
agreed to give 5 per cent to the Sherrifs of each County, in case they 
gave security to receive and pay unto iiim the arrears and growing Quit 
rents in their several Counties, over anil almve ten per cent, at present 
allowed to him; which will make them exact in the recei[)ts, as it will 
he their interest to receive it, & witiiout it I apprehend the Quit rents 
will never be regularly received by Mr. Rutherford, for-tho' I have no 
reason to doubt liis being an honest man, yet I believe he is quite indo- 
lent, and am told gives himself no trt)uble to go about to collect the Quit 
rents; whether his being married to the late Governor's young widow, 
makes him unwilling to go abroad or whether it is his natural inactivity 
I can't tell; but I'm told he has received very little of late, under pre- 
tence that he would await my arrival. It ceitaiiily requires a person of 
activity as well as a careful! and good accomptant, to be cnipjoyctl in 
that receipt, and is a place not to be given out of favour. I submit it 
to your Lordsiiips wliether it may not lie proper upon his getting this 
V(..l. .j_7 



146 COLONIAL RECORDS. 



allowance, to let him know either from your Lordships or from the 
Lords of the Treasury, that if the best rent roll be not made out. that 
can be done until there is a returning ; in which he shall have all the aid 
I can 2;ive or procure to him; and that the whole recoverable Arrears 
and rent, be not immediately levyed by distress; that upon my making 
a return tliat the account rent roll and receipt is not coniplyed with ; and 
laid before me, to be transmitted, that I shall have power to suspend him 
& to nominate another pro tempore, until His Majesty's Pleasure be 
known who shall succeed him, this may perliaps rouse him out of his 
lethargy. 

I have directed the late President and Secretary Murray, to lay before 
nie all the papers relating to the late law for issuing out the paper Cur- 
rency, and the several payments made upon it; and what remains in 
bank out of the £22000 issued, and that they may make up a state of 
the wliole to be sent to your Lordships, in justification of themselves and 
the Council; and at the same time that the Treasurer appointed by the 
Assembly, should lay before me the state of the former paper Bills, and 
what sum was standing out, when the last were issued ; and the funds 
appointed with the annual receipt, appropriated to pay it off; and how 
these sums have been applied. This must take up time as the Treasurers 
dont live here, and have not attended me. I apprehend I shall be greatly 
delayed in business, since none of the Council, nor publick Officers reside 
here, being all dispersed, 7 of the Council near Cape Fear, 2 at Eden- 
ton, one at present in Virginia, 2 in England; notwithstanding this is 
the most central place, and of late supp(jsed to be the seat of Government 
and Courts of Justice; and no meeting can be had of the Council, or 
jwlilic oi1icei-s without sending expresses which travel very slow & at 
great expense; and no fund for contingencies to pay it. I came here the 
30* ult. past tlie 2" of Nov' Mr. Swan begd leave to go home, Mr. Ruth- 
erford did tlie Slime next day, so that I had only three left to consult with, 
on the 6"' President Rowan went home and on the 8* Secretary Murray, 
and with him Chief Justice Hassell, who holds a Circuit Court next week 
at Wilmington, they idledge their books are all at Cape Fear, so that I 
shall get no liusiness done nor any to meet me until the Assembly the 
1 2'" of December. 

Although the Chief Justice seems to be a good natured man and bears 
a good character here in ]irivate life, yet as he has neither capacity nor 
law, sufficient to be Chief Justice, tliat your Lordships may procure for 
us a wtirtiiy good lawyer for Chief Justice, it is my duty to let you know 
that the Inisiness of tlie Court has so much increased here, that tlie Presi- 
dent Rowan informs me that the Cliief Justices Fees amount annually to 



COLONIAL RECORDS. 147 



above j£360 Currency besides his Salary on tlic i|uit ri'iits ami i:200 
allowed for going the Circuits. It may in a little time be enough for 
two Judges as business increases. As soon as the seat of ( ioveiiMueiit i.s 
fixed which I apprehend at present will be upon Xews riwr. abovr this 
town, as far as it may be navigable for flat bottomed boats, in case I Hiid 
the Lands good, and situation healthy, as it will be nearer the back set- 
tlements which increase very fast, and is most central, and this town v\ill 
still be the place where the merchants will reside and ships be entered, and 
both the gentlemen to northward and southward, seem to like it as the 
great Ferries at Edenton and Bath will be avoided; and it will lie.([nally 
near to Cape Fear, as this place, and more healthy, I submit it tn your 
Lordships whether it wont be necessary to oblige at lea^t o of tiie Coun- 
cil, to reside at or ne^r the metropolis, or at least so many in rotation for 
3 months at a time, to expedite piiblii'k business, and save the expense of 
expresses and also to oblige the Receiver General, Auditor and tithcr pnb- 
lick OtBcers to fix and keep their Offices there; and attend by themselves 
or proper deputies & clerks that their several books may be inspected; 
that it may be known that they are doing their duty, for at present each 
lives upon his Plantation and never attends but upon Summons, the 
Receiver Gen' above 100 miles to the southward and the auditor 100 
miles to northward, how then can they meet with the Secretary, to make 
out a rent-roll, or attend their Offices; so that they never meet but at 
Assemblies or perhaps at a General Court; I must therefore beg your 
further Instructions about it, and in case they don't attend, by themselves, 
or sufficient deputies, whether I should not have a power to remove theni) 
or at least suspend them till His Majesty's Pleasure is known. 

I was in hopes to have got 2 or 300 men raised at S"* ^ diem in 
indepeudant Companies to lessen the expense, the regiment having been 
disbanded in August for want of pay and upon account of their deser- 
tion for not being allowed three shillings '^ diem. But find there is not 
£2000 left of the =£22000 emitted, except what is appropriated to the 
building the two Forts wiiich I cant dispose of, and the disbanded Offi- 
cei"s are exclaiming for want of their pay, from June till August, when 
they were disbanded; so that I can't act till the Assembly meets and 
empowers me, nor give any support to Governor Sharpe in case he should 
have an opportunity of making any impression upon the French before 
winter. As I can do no more at present, I propose going to Cape Fear, 
and see what they are doing at the Fort ami make a report to ytuir Lord- 
ships of the condition of it, and give further <lirections about it. and by 
seeing so much of the Country can tbrm a Judgeujent where to fix the 
seat of Government. 



148 COLONIAL RECORDS. 



As your Lordships may observe in how weak a condition the country 
is, for want of ammunition and Stores, I humbly hope that you will 
move His Majesty to allow us twenty or thirty barrells of Powder and 
a proportionable quantity of Balls; which if not otherwise to be had, 
shall be re])aid out of the Powder duty which I expect will be raised by 
Act of Assembly; since at present we have no credit and must pay 
double price, if any is imported by merchants. 

I siiall furnish myself with all the proceedings & facts relative to the 
Boundary with South Carolina, to support what alterations we shall 
desire to be made in the Boundary Line, for His Majesty's Service & 
the good of this Colony, and shall then write to South Carolina and 
desire them to lay reasons before your Lordships for what alterations they 
think proper to have made, upon account of that Colony, and when you 
will have both transmitted to you your Lordships can then properly 
represent tn His Maj'-'^ what you shall think will be the most equitable 
bonndarv, and most for his service and further benefit of each Colony; 
But as I expect Mr. Glen will be soon removed, I dont propose doing 
it soiiner, as he is too ojiiniated and self sufficient to have any dealings 
with him. 

I find it will be impracticable to have a restirvey made to find out the 
overplus lands held by the Plantei-s Patents, in order to detect their 
frauds, without having an independent Company established here, to 
sup|)()rt the Surveyors in their Survey, where any are obstinate, for a 
Snrvey<iv wlio iiad been directed to resurvey a Plantation, upon his 
atteni]jting nnly to enter the Land, was shot by the Planter, who Hed for 
the murder, but am told his sun or family still remain on the Land ; 
Tills hath so intimidated the Sni'veyors that none will venture without a 
guard to protect theni, where the Planter is obstinate; and as I expect 
Fort Jackston will be soon tenable and a sum is granted for erecting a 
Foi't at Portsnionth near Ocacoe, and also considering the murder lately 
committed l\v tiie Frencii Indians at the back settlements, of which 
President Rowan tells nie he acquainted your Lordships, it will be nec- 
essary to erect a Fort beyond our farthest setlers to protect that Frontier 
and our Indian Allies ; and it is also necessary to support the custom 
house Officers and to prevent an illicit Trade; I hope therefore your 
Lordships will rejiresent to His Majesty the necessity there is of having 
a Company of 100 men established here for these purposes; in order to 
have His Majesty's approbation of laying an estimate of the expense 
before the Parliament. 

Before I left London I lodged a memorial to the same purpose before 
the CJonncil. 



COLONIAL RECORDS. 149 



I am informed since I came here tliat there is a Gentleman (wiio they 
say is very well qualifyed for it) now engaged in surveying the whole 
sea coast from Cape Romain beyond Winyan, to Cape Henry in Vir- 
ginia; which is at present done by subscription ; if I find he is qualifyed 
for it, I will joyn in it and encourage him all I can, as it will be of 
great benefit to our Trade & safety to our shi])s. I mentioned the Cop- 
per Coinage, which I had applyed for to the Treasury to be coined at the 
mint at our expense, for this Colony to the members of the Council who 
were here, and also the Plan of an act for a Loan Office, instead of a 
paper currency a Copy of which I left witii your I>urdships ; and they 
seem to relish both, as they will operate together, and are of opinion 
they will be both gratefull to the Assembly, and may prevail with them 
to give larger supplies to sink the present currency the sooner; and for 
giving them so great a benefit which they much want, it may induce 
them to comply with other demands, I therefore think of printing the 
plan of the act, to give to each of the Members for their consideration 
when they meet. 

I submit it to your Lordship's consideration whetiier it ina\ nt be of 
service to His Majesty & this Colony to enlarge my insti'uctions relative 
to the Grants of Lands; so that I may not exceed 640 acres in any one 
Patent, for I find there are no Lands in the Colony where there is any 
quantity together, not patented, but at the back settlements near the 
mountains, there being none now that are good near any navigation, but 
what are patented except where there may be over piuss Lands discov- 
ered or marshes & swamps upon the resurveys and therefore no Grants 
can be made near the sea coast, or river navigation, and the settlers who 
are coming in hundreds of waggons from the northwards to take up 
land in the back settlements employ either some of their own people to 
come before them to look out for Lands, or some of their friends already 
settled here and they desire to take up 5 or 600 acres to accommodate 2 
or 3 families together in the same grant, and as none take up lands 
there, but with a view to cultivate and improve them, as fast as they 
can, all the back settlers being very industrious, cultivating Indigo, 
Hemp, Flax, Corn &c. as well as breeding horses and other stock, they 
ought to be indulged being a frontier at present much more than those 
near the shore, M'ho only took up lands for the sake of light wood, to 
make pitch, tar & turpentine, and then gave up their lands, having oaly 
taken out warrants; besides there is no danger now of them not taking 
out Patents upon their warrants, for President Rowan has introduced a 
luethod to prevent it by obliging those who take out warrants for a sur- 
vey, to lodge the money for their Patents, and for registering them when 



150 COLONIAL RECORDS. 



taken ciiit upon return of the survey and before they get possession and 
then their Patents are made out upon return of the Survey so that 
His Majesty's quit rents are secured, and cultivation inforced properly, 
and tlic Country settled to the satisfaction of the people, by not giving 
large Grants to any one Person. This method I believe your Lordsiiips 
will approve of when executed by tiie new Settlers, and you will please 
to give me Instructions accordingly. 

Among the Acts which are repealed by your Lords'" representation, 
there is one entitled, an Act to put in force in this Province the several 
Statutes of the Kingdom of England or South Britain, therein particu- 
larlv mentioned, which Law pas.sed in the Session of October 16* 1749, 
Chapter 1", but there is another Act which passed the same Session 
Chap: 6"' entitled — An Act to confirm the several Acts of the Assembly 
of this Province therein mentioned, as revised by the Comm" appointed 
by an Act to revise and print the Laws &c. and such other Laws of this 
Province as have been passed here since said revisal, and to direct the 
j)rinting of the Laws — which I believe you will think proper to have 
repealed — For in the 4* section tiiere is a clause That all & every Act 
or Acts, Clause and Clauses, .Section & Sections, of all and every act & 
acts of the General Assembly of this Province in the said revised Laws 
or Acts of the said General Assembly, mentioned to be obsolete, expired, 
and repealed, are hereby enacted & declared to be obsolete, expired and 
repealed, and the title with such note only to be printed. By this clause 
and repealing the above Law Chap: 1" An Act entitled An Act for the 
more eflPectually observing the queen's peace and establishing a good & 
lasting foundation of Government in North Carolina I think stands re- 
pealed, which I believe was not your Lordships intention; as so good a 
Law can't be passed again in this Province; For the title of this Act is 
only entered & printed in tiie book of Laws, mentioned Chap. 31°' 1715, 
with this margine note provided for by Statutes enforced in this Prov- 
ince by Act October 6* 1749 Chap: 1'' which being the Law above 
mentioned lately repealed in Council, it can't be provided for by that 
Act, and therefore stands repealed by their book of Statutes, by tiie 
above clause, which declares those Laws whose Titles only are i>rinted, 
to be obsolete, expired and repealed; until that I^aw be also repealed; 
when you look into the Law of the queen's Peace, you will see the use- 
fullness of it, and then can judge whether it ought to be continued, and 
if so this last law ought also to be repealed. 

I think it proper also to acquaint your Lordships that there are some 
other Acts which upon recollection you may think proper to have repealed 
with those already repealed — viz. An Act passed in 1715, chap. 52, for 



COLONIAL RECORDS. 151 



appointing a Township in the County of Bath &c. wiiieh erects Bath 
Town into a Boroiigii with a power to send a Burgess to the Assembly, 
when tliey should have 60 houses in town. Also two additional Acts, 
besides the Act repealed which was passed in 1 739 for the erecting the Vil- 
lage of Newton in [New] Hanover County into a Town and Township by 
the name of Wilmington viz. one passed in 1739 Chap: 4* for the better 
regulation of the Town called Wilmington in New Hanover County &c- 
which enacts the making the Town a Borough, and to send a Member to 
the Assembl)- — And an Act passed in 1745, Chap: 10"" for the better 
regulating the Town of Wilmington &c. which appoints markets, the 
appointing of which is also the Prerogative of the Crown; you will 
please to consider whether these also ought not to be repealed ; An Act 
also passed in 1752, Chap : 6* which divided part of Granville, Johnston 
& Bladen Counties into a County & Parish by the'name of Orange County 
&c. And also an Act passed in 1753 for erecting the County of Rowan. 
Neither of which were repealed & altho' Orange County was erected a 
year before the other, yet it M'as overlooked, & it was omitted in my 
Instructions to send Members to the next'Assembly, altho' it was allowed 
to Rowan ; & therefore I did not think proper to send out a writ for Or- 
ange, contrary to my Instructions, which limited me to the several Coun- 
ties mentioned, & to the number of 60 members. There hath also been 
a new County erected since, in the Assembly held in March last, called 
Cumberland, as also Brunswick Town into a Borough ; which you will 
see in the Laws of last Session sent over to you since I left England, by 
President Rowan. I believe your Lordships will represent all these 
Laws fit to be repealed as soon as possible, otherwise I shall be obliged 
to issue out writs for the Members, & hope for your Instructions to give 
a Charter to Orange County as well as to the rest, & to know whether I 
shall do the same to Cumberland County & Brunswick Town, or whether 
the 2 last may ly over until I see whether it is necessary for His Maj''^" 
service & the conveniency of the Colony. 

I am afraid I have tired your L"' & therefore shall only assure y' U" 
that I shall do my utmost when the Assembly meets to raise & keep up 
their spirits against French Incroachments & their villanous schemes & 
to promote a union in the Colonies to act in concert against them, & beg 
leave to assure you that I am with the greatest respect 
Mv Lords, your Lordships most, &c., 

Newbern, Nov' 9* 1754.. ARTHUR DOBBS. 



152 COLONIAL RECORDS. 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

George R. 

Whereas some doubts have arisen with regard to the Rank and Com- 
mand, which Officers and Troops raised by the Governors of our Prov- 
inces in North America, should have, when joined, or serving together 
with Our Independent Companies of Foot, doing Duty in Our said 
Provinces. In order to fix the same, and to prevent for the future all 
Disputes on that Account, We are hereby pleased to declare, that it is 
Our Will & Pleasure that all Troops serving by Commission signed by 
Us, or by Our General commanding in chief in North America, shall 
take Rank before all Troops, which may serve by Commission from any 
of the Governors, Lieutenant or Deputy Governors, or President, for the 
time being, of Our Provinces in North America: And it is Our farther 
Pleasure that the General and field Officers of the Provincial Troops, 
shall have no Rank with the General and Field Officers, who serve 
by Commission from Us; But that all Captains, and other inferior 
Officers of Our Forces, who are, or may be employed, in North America, 
are on all Detachments, Courts Martial, or other Duty, wherein they may 
be joined with officers, serving by Commission from the Governors, 
Lieutenant or Deputy Governors, or President for the time being of the 
said Provinces, to command & take Post of the said provincial Officers 
of the like Rank, tho' the Commissions of the said Provincial Officers 
of the like Rank, should be of elder Date. 

Given at Our Court of S' James's this 21" Day of November 1754, 
in the Twenty Eighth Year of Our Reign. 

By His Majesty's Command T : ROBINSON. 



[From MSS. Recokds in Office of Secretary of State.] 

S' 

Haveing Received Your Honours Instructions by the Hands of Mr. 
Jones I have Taken what Care I possibly Could in Sending You as 
Particular an Account of what Taxables are this Year in Rowan County 
and by the returns made to me by the Justices it appears to be 1116 
white and 54 Black, the Justices having made no sort of Distinction 
between the male and Female Black Taxables it will be impossible to 
be so particular as Your Instructions required 



COLONIAL RECORDS. 163 



I have Inclosed Your Hon"' What Administration Bonds are now in 
the Office, there are several who applied for Ivetters of Administration 
to this Court, after which being Granted they Left Court before the 
bonds were Executed as I Could not attend to Draw them Dureing the 
Time of the Sitting of Court, but promised to Execute them before they 
Came to Take out their Certificates from me to Y' Hon' which I shall 
be Careful in Getting Without Delay, I have sent 3 Blanks of the 
Letters of Administration which are unfilled one of which were filled in 
a niistake Through Hurry in Court, I haveing fiU'd one a few rainnits 
before I forgot and filled this for the same person and when I found the 
mistake I kept this back 

I have also sent Your Hon' An Account of What Wills as were 
Proved in this Court since the P' of Jau^ 1753 and as near to Your In- 
struction as I possibly could. 

S' as to the Complaints of the Executors of his Late Excellency I 
Can find no room for as I was not in Commission at Any Time Dureiug 
his Government whereas Your Hoiwur is Very Sensible I Rec^ my 
Commission from President Rice after his Excellency's Death 

I Thought to have attended His Honour the President and You, as soon 
as I Heared of the Gov" Comeing in, when I should Have Endeavoured 
to Adjust and Cleer all my Ace*" with his Honour &" but Haveing the 
Misfortune of Geting a fall from off my Horse as I was rideing Together 
with Major Carter at the Head of some of the Companies to Our Gen' 
Muster By which fall and the kicks I rec'' on my Breast after I was 
down my body was so bruised tliat I was some weeks obliged to keep 
my bead and at this Time am uot able to stoop to Buckel my Shoe or Sit 
to write Unless it be a line at a time and then rest, untill my pains abate 

I Therefore Hope His Hon' the President and You Will at this Time 
Excuse my non attendance to answer Your Letter to me. And as Soon as 
I hear of the session of the Assembly or Court of Claims or other time 
of Business I will Endeavour to Attend when I hope to Give Y' Hon" 
Further Satisfaction &*= 

In the mean time I shall beg Leave to Subscribe My Self You' Hon- 
ours Most Humble Servt. JX° DUNN 

Rowan November 20"" 1754 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 4o.] 

My Lords, [of the Board of Trade] 

I herewith send you the Speech I made at the opening of the Assem- 
bly witii the Addresses of the Council & Assembly, and a mes.<age sent 
to them about the French scheme for ruinina; the Colonies. 



154 COLONIAL RECORDS. 



They met the 12* pursuant to the Proclamation, but as the Plouse 
that clay was very thin, occasioned by several from the Northward being 
stopped -at the Ferries, & several from the Westward upon account of 
their distance from hence, in order to give them time to arrive, and to 
give neither Party umbrage I prorogued the Assembly till next Morn- 
ing ; when I sent them a message to attend me in the Council or Upper 
House, & directed them to choose a speaker, and to return immediately 
when chosen for approbation, out of 60 members for which writs were 
issued, 52 appeared, & upon the division for speaker, the northern Mem- 
bers having named Captain John Campbell, elected for Bertie, against 
Mr. Samuel Swan the late Speaker elected for Onslow, the votes were 
equal 26 for each, and therefore no election, upon which they sent me a 
message to let me know tiie reason they could not attend me ; some ad- 
vised me to prorogue them again until next day, they desired to have 
my opinion, as the case stood, how they were to act, I told them I 
thought it an unprecedented Case, but in all cases where there was a 
right, there ought to be a remedy, and therefore there ought to be a cast- 
ing vote, for in case the six absent Members should arrive and still three 
be of each side, there might then be an equality, and therefore I thought 
the Clerk who put the question must in that case decide it; but as he 
was no Member, I thought it more prudent to wait the arrival of some 
of the Members who were hourly expected, and so returned, and left the 
Assembly to wait until the evening, Mr. Swan who had all the votes he 
could expect, except the Members from Anson who were not arrived, 
nor expected that day, and also expecting that 2 of the Members from 
Currituck would arrive that evening, offered to give it up, but his South- 
ern friends would not consent but upon talking with them separately, 
they thought it advisable that he should, and after dinner he came to me 
to acquaiilt me that to prevent any delay or difficulty, he had prevailed 
with them to let him decline it, and then Mr. Campbell was declared 
Speaker and a message being sent to me, I directed them to come next 
morning, Saturday, for approbation ; altho' there may be some little 
sparring betwixt the parties, yet both have assured me it shall have no 
effect upon publick affairs or make my administration uneasy, so that I 
am sanguine enough to hope for a reasonable and speedy supply, altho' 
the ways & means are difficult, as there is no cash in the Country, and 
the present Paper Currency not passable in Virginia, but as the Fence 
rail Law, as they call it, is repealed, and they have now ray plan for a 
permanent Paper Currency by a Loan Office, and the Virginians declar- 
ing their willingness to take our Currency, when put upon a certain secu- 
rity, and oui- obliging the Carolinians to take them back again as cash 



COLONIAL RECORDS. 156 



for their goods sold in Virginia ; we expect to have our Currency at par, 
when a good fund is fixed to sink the present paper Currency, they have 
also my proposal for a Copper Coinage in the Tower before them, to 
give us small change, which at present they seem to relish. If these 
be agreed to, then I must get a power to apply the sums at present 
granted for the fortifications at Ocacoc and Core Sound, to pay the 
troops we shall be able to raise, which I hope will be 300 men at British 
pay, in independent Companies, to lessen the expense, and if any further 
sum is wanted until supplies are granted & raised, I must get a further 
power to apply as much of the £1800 left for His Majesty's determina- 
tion, as will give Virginia the benefit of the troops, raised in due time, 
and if I can get 8'^ a gallon duty raised upon all spirits and wine im- 
ported, to sink the present paper Currency we may hope to get rid of it 
in a reasonable time, and theu the interest of the Bills in the loan Office 
will be a perpetual fund to answer the contingencies and emergencies of 
Government, repairing fortifications &c. 

The Tuskerora Indians who are at present here amount to 100 men 
& 200 women and children, they came to make their acknowledgments 
& to make complaints that some of the Northern settlers forbid their 
hunting in the winter on their grounds, I have assured them of my 
redressing any wrong done to them, and altho' they live in the middle of 
this Colony, yet I have by the consent of the Assembly given them a 
small present of about £25 value to shew our other Indian allies that 
we are desirous of their living with us as brethren, and sharing in all 
our priviledges. I expect that the Catawbas may also come here, and we 
ought to give them a present, but our present poverty and want of credit 
will be a difficulty ; if I can by my diligence increase his Majesty's quit 
rents considerably, so as not only to pay the Establishment, but also the 
arrears in a short time, I would humbly liope that your Lordships would 
represent it to his Majesty, that we might have a power to apply as much 
as he shall think proper out of the superabundaut quit rents, in presents 
for those and such other Indians as we can gain into our allyanee. I 
am preparing a paper to shew what proceedings have been in settling 
our Southern boundary with a plan of what I think will be the proper 
line, with reasons to support it, & shall immediately write to South 
Carolina that they may do the same, and tiien lay the sentim" of both 
Provinces with their reasons to support the boundary that each proposes 
for your Lordships consideration, to be laid before His Majesty to deter- 
mine it as he shall judge it most for his service, and the good of each 
Colony; for it is absolutely necessary that a line should be immediately 
detei'mined, and if it should be left to be determined by these two Gov- 



156 COLONIAL RECORDS. 



ernments it would meet with almost infinite delays ; and probably we 
should never agree, but will gladly submit to whatever his Majesty 
orders, when the whole state of the Boundary expected by each Prov- 
ince, with their reasons for the alteration they desire are laid before His 
Majesty — I wrote fully to Lord Hallifax the state of our fort at Cape 
Fear, and the necessity there is for au independent Company, to whieli 
I refer; the letter went by a ship from Cape Fear, this I expect M'ill go 
by Captain Byrne in the Sea Flower bound for London, who I expect is 
not yet sail'd from Ocacoc, but am uncertain whether he mayut have sailed 
before this gets down to Ocacoc which would occasion a further delay. 
I have not yet got in the number of the militia and taxables, but the}' 
are now bringing them in. I find it will be of more service to relax me 
of some of the instructions about cultivation, for I find it is not practica- 
ble to get 5 acres improved in one year 3 is as much as they can do, and 
go on with other improvements at the same time; and as the present set- 
tlers, who are out of the pine lands improve their Plantations as fast as 
they can, it would discourage their taking of Lands, to oblige them to 
do more than they can accomplish ; and I am still of opinion that it is 
better to give to rich settlers, who come from the Northward, tho' they 
have not at present a right to so much from their number, 640 acres pro- 
vided I don't exceed that quantity, for they will not remove for a small 
farm, when they can get more in other Provinces, who don't stint them 
so much, I shall find great difficulty in getting a proper rent-roll, there 
is not one plot or chart of any Survey lodged in any office, in the King's 
part of this Province, there being only one which is annexed to the Pat- 
ent, the only entry in the Secretary's or Auditors Office, being only the 
bearings of the lines, as entered in the Patents, so that upon reexamining 
the Patents to get duplicates of the Charts, which I must do, before I 
can do justice to the Crown, I am afraid it will appear that different 
Surveyors have entered into the surveys of those who went before them, 
& that the plots will not tally with each other as they ought, but probably 
may overlap one another & in many cases there may be great. Vacancies 
not granted at all, but occupied by the neighbouring Patentees, but I am 
determined to go through them regularly County by County until I can 
compleat the rent roll & keep all the Officers to their duty, & after properly 
dividing the Counties, when I give them Charters, & fixing the bounda- 
ries of each County, I will have duplicates of every chart lodged in the 
proper office to prevent future frauds, for want of proper places to keep 
the Offices in & to preserve records upon account of the chongeable state 
of this Province, whenever a Receiver General, Surveyor General, Sec- 
retary or Auditor dies, all papers die with them, for the Successors say 



COLONIAL RECORDS. 157 



they have got no papers, or if any those very insignificant, from tlieir 
Predecessors, which I must beg leave to say is owing to the Appointment 
of improper persons who know nothing of the Business, & therefore 
neglect it, & leave it all to their Deputies or Clerks, who only work for 
themselves, & not for the Publick ; ever)' Officer or Clerk going to his 
Plantation, & neglecting the publick business — So that I expe(;t a great 
deal of trouble, A a thorough aj)plication to put things into a proper order, 
to do justice to his Majesty, & to the people in the Province, — The Assem- 
bly having voted ,£8000 & an Address to his Majesty, which they propose 
to present to me to morrow, as the Vessel leaves this to morrow morning, 
lest the ship should be sailed from the Bar, I send this by her, & proba- 
bly shall write with the Address, & get a sloop that goes off in the even- 
ing to carry it to the ship, in case she has not sailed, & therefoi'e shall 
conclude, being with the greatest respect. My Lords, Youi-s, &c., 
Dec^ 19* 1754. ARTHUR DOBBS. 



[B. P. R. O. North Caroi.ina. B. T. Vol. 12. C. 02.] 

My Lord [Eari. of Halifax] 

I wrote fully to y' Lordship upon my arrival in Virginia what luid 
occurred until my setting out for tliis Province which was sent with iNIr. 
Dinwiddies Letters; and about ten days ago I wrote a long letter to the 
Board of Trade of all I had done, or could learn, of the Affairs of the 
Province until that time. Dated from New Bern by a Ship which was 
ready to sail from Ocaroe [Ocacok] Bound for Liverpool, to which I beg 
leave to referr on the 1 5* I set out to view the Southern Part of the 
Country near the Sea Coast and the .several Navigable Rivers, and to view 
the Fort lately erected on Cape Fear River, 8 miles below Brunswick, to 
observe its situation and to give Directions how the £2000 lately given 
to finish it should be laid out where I had a meeting with the Comm" 
appointed to finish it, and have given the Necessary Directions to proceed 
upon it, and to provide the Materials to make it Defensible and Capable 
of protecting our own Ships, and preventing any enemy from coming up 
the River, to destroy our Shipping and Settlements, as happen'd last war, 
A plan of the Fort I enclose witli this to y' Lordship: The Fort you 
may ob-serve is very small, but large enough to Defend the Lower Bat- 
tery which is made almost a Flcur de i'eau and is proposed to contain 14 
IS-poundors, 12 in Front where the Chaunell is not 500 yards wide, and 
2 upon tiie Flank, which will Command the Ships which go up or come 



158 COLONIAL RECORDS. 



dowu the River : which with 16 9 Pounders to be mounted upon the cur- 
tain and the two Flanks and faces of the Bastians which Front the River 
and the Channel going up the River, we think will be Sufficient for the 
Defense of the River against any Ships of force, which can get over the 
Bar, and 30 Swivel Guns with Musquetoons fixed in the Same manner 
will be Sufficient to Defend the Curtains and Bastions lying towards the 
Land : at present the Rampart and Parapet is faced only with Strong 
Pine Trees Cut into large Planks 6 inches tiiick, Sloping inwards, to 
support the Rampart, and the parapet which is railed no higher than 
the guns without embrasures; and there are only 5 6 pounders and 4 
2 Pounders, old honey comb'd Ship guns, in the Fort, there is a good 
House built in the Fort which can contain an officer and 12 or 14 men 
with Guns and Stores; we have given orders to face the Curtains and 
two Bastions fronting the River, with a Wall which is to be made of a 
Cement of oyster shells, lime and sand which upon tryal here has been 
found to grow as hard as a Rock, much stronger and more durable than 
a Brick Wall and to raise the Parapet higher with embrasures and to 
forfeit the lower Battery and make a Sally Port thro' the Curtain into 
the Fort, the Cement wall to be built without the other end as it is railed 
to take up the Timber, and near the earth behind the wall The other Part 
of the Fort may continue for some time so that we shall only finish the 
Fosse and make a Palisade upon the Counter Scarp, as it cant Contain a 
Garrison to defend a Covered way and therefore shall only make a Glacis, 
and Clear all the Ground within Gun shot of the Fort we have also given 
Directions to add to the House and make it as big again to Contain 30 
men with the officers Gunners &c and to make a Magazine Bomb proof 
in one of the Lands Bastions, and to make a Gate and Draw Bridge and 
sink a well and if any money remain, or a furtiier supply be granted we 
shall finish the rest of the walls in the same manner. 

Tile River tif Cape Feare is an exceeding fine River 18 feet water on 
the Bar at ordinary Tides navigable to Wilmington and near 20 miles 
higher upon the North west for large ships, except one small shallow 
which may be deepued wliere tiiey take out part of tlieir Landing, and 
the North East Branch navigable several miles above it, for Large ves- 
sels and the main Branch navigable for Periagoes and Flats for about 
150 miles from Wilmington which is 30 miles above the Bar. There 
are above 100 vessels annually enter'd in this River w.hicii are Increas- 
ing, there were 16 in the River when I went down; at present there are 
70 Families in Wilmington which is inijiroving tiiey have built a good 
County House or Town House; and have raised a large Brick Church 
which is ready for the Roof. Brunswick contains 20 families and the Plan- 



COLONIAL RECORDS. loiJ 



ters about being opulent they are building a large Brick church 76 feet 
long by 5G wide which they have raised this season so as to Cover the 
Windows; and have a House ready for the Parson, and a Glebe of 300 
acres*; These Towns being seated Close to the River are upon a loose 
Land but with a Clay Bottom at some depth and have very good springs 
the Lands which are Dry at some Distance from the River are much the 
same with other Lands near the sea coasts the marshes along the River 
and Creeks being Rich but the high Lands generally Pine Barren, which 
are no ways equal to the Lands on the Back Settlements yet when all 
the good Lands are taken up these are by no means to be despised. 

I have seen the master of the Sloop & Dinbibin who has undertaken 
the making an Exact Chart of the Sea Coast, and do believe he M-ill per- 
form it very well He has shewn* me a specimen of what he has already 
done, and has made an Exact chart of a very fine Safe Harbour at Cape 
Lookout which has never yet been laid Down or has been known bv any 
of the Kings Ships, or others landing on this Coast; altho it has been 
Discover'd by the Spanish Privateers at the latter end of the last War 
and is now used by our Whale fishers in the winter: a Draught of which 
I hope to send to your Lordship as soon as he has connected Cape Look- 
out with Cape Sound at Topsail Inlet where is also a fine Harbour. 
This new Harbour is as safe as a mill pond without any Bar, land locked 
from all winds so that in the greatest storm upon knowing the Latitude 
any Ship may get in safe. The Road is safe where any Ship may ride 
in 6 or 7 Fathom only open to a South west wind; and the Harbour 
within, it above half a mile over with 2 fathom close into the Beech 
where they may ride entirely land locked from to 3 and 4 fathom 

water. 

There has been i;i500 Currency appropriated to Erect a Fort at Top- 
sail Inlet near Beaufort, But since this Harbour is found out, as well to 
protect our ships in time of war as to prevent Privateers from Sheltering 
there and Intcrupting our Ships: I shall endeavour to view both places 
as soon as I have leisure after the Assembly, and the season will per- 
mit it. 

I had ]ireparc(l a memorial when I was in London to give in to his 
Majesty in Council for a Supply of Artillery and ordinance Stores for 
the Port at Cape Fear ; But as I was [notj sufficiently acquainted with the 
condition of the Port y' Lordship thought it proper to Deferr it, until I 
should arrive here and view it if it be therefore agreeable to your Lord- 
ship and the Board of Trade that the Application should be now made 
Since we Dont know whether we are near the eve of an American war, 
Y' Lordship will be pleased to mention it to Mr. Powell, and Mr. Aber- 



160 COLONIAL RECORDS. 



crombie our Agent may prepare it and give it in my name, for the num- 
ber and size of the guns as above mentioned with stores and gunpowder 
Ml ])roportion in Case his Majesty has not already ordered the gunpowder 
for the use of the Province I wrote for in my last, to the Board and at 
the same Time a gunner and Butress in ease we get the stores and the 
Independant Company which I apply'd for, and which is absolutely nec- 
essary here for his Majestys Service and the Safety of the Colony in 
Expectation of which I shall endeavour to get a Fund from the Assem- 
bly to erect a Fort upon our western Frontiers, at or beyond the moun- 
tains to protect our Back settlements, and Indian Allies 

Dunbibbin tells me there are a great variety of shells near Cape Look- 
out and has promised to collect some for y"' Lordship 
I am with ail Imaginable Respect, &c., 

ARTHUR DOBBS. 

Wilming-ton November SO"" 1754 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 58.] 

To His E.xcellency Arthur Dobbs Esq'" Gov'' &c over the Province of 

North Carolina. 

Sir, December 24, 1754. 

Your Excellency having acquainted me that by your Instructions all 
publick Money shou'd be liable to be accounted for unto His Majesty in 
Great Britain and to the Commissioners of His Treasury or High Treas- 
urer for the time being and audited by the Auditor General of the planta- 
tions or his Deputy for the time being, and that you are required to take 
care that fair Books of Accounts of all Receipts & paym" of Publick 
Money be duely kept and the truth Thereof attested upon Oath and that all 
such Accounts be audited & attested by the Auditor General of the plan-/ 
tations or his Deputy who is to transmit Copies thereof to the Commis- 
sioners of the Treasury for the time being, and that you do half yearly 
send over another Copy thereof attested by yourself to the Coiiiission- 
ers of Trade & Plantations and Duplicates thereof by the next Convey- 
ance in which Books shall be specified every particular Sum raised or 
disposed of witli the name of the persons to whom any payment is made 
to the end that his Majesty may be satisfied of tlie right Application of 
y° Revenue of the Province. 

I must therefore beg Leave to inform yom- Excellency that I have not 
heard that any such Books were ever kept and that no Accounts of pub- 



COLONIAL RECORDS. 161 



lick Money have ever been produced to me to be audited, nor any Ac- 
count except wiiat has been produced to me by tiie Receiver of the Quit 
Rents, all otlier Accounts liaving been passed in the Assembly without 
ever having been audited by me. 

I therefore submit it to your Excellency how I can transmit Copies of 
such Accounts to his Majesty Treasury, and therefore must wait Your 
Excellency's order to Know how to proceed in order to comjily w"' the 
Instruction I am Sir, &c., ALEX' M'CULLOCH. 



[From MSS. Records in Office of Secretary of State.] 

Abstracts of returns from the several comities in response to circular 
from Governor Dobbs. [See ante, page 144. — Editor.] 

Beaufort — Coll: Barrows Regim' for Beaufort County 7 Companj's 
•587 The Coll: gives up, recommends Joiin Boyd Lieut Coll: to suc- 
ceed him, Major Will" Caruthers to be Lieut Coll: Capt° Buck to be 
major Mr. John Handy to be Capt" and .John Alderson to be a Capt° in 
place of Capt" Newman who is infirm and desires to be excused No 
indians; no arms in the publick store in the county about 50 lbs weight 
of powder and 150 lbs of large sliot 

Bertie — Coll: Robert AVest's Regim' in Bertie County without (jffi- 
cers, 8 Companys 720. Troop 44 Tuskeruro Indians 100 men & 201 
women & children in all .301 

Bladen — Col: Rntherfords Regim' of Foot in Bladen County 441. a 
Troop of horse 36. A new company necessary to be made at Wagga- 
raaw James Kerr recommended for Capt" 

Drowning Creek on the head of Little Pedee, 50 families a mixt 
Crew, a lawless People, possess the Lands without patent or paying quit 
rents; shot a Surveyor for coming to view vacant lands being inclosed 
in great swamps 

Quakers to attend musters or pay as in the Northern Counties; tines 
not high enough to oblige the Militia to attend musters No arms stores 
or Indians in the county 

Bladen Troop Will" Davys Capt" with officers 33 men The Troop 
wants Holsters with Blew Caps & Housings fringed, pistols. Carbines, 
Broad Swords or hangers with which they want to be furnished. No 
Indians 

Carteret — Coll Thorn' Lovick Collector of Beaufort in Carteret County 
His Regm' consists only of 2 companys amounting to 195 men including 



162 COLONIAL RECORDS. 



officers Coll &c 209. no arms or ammunition in store No Indians in 
the County 

Chowan County — Coll Cravens Regm' in Chowan consists of 7 Com- 
panies in all 652 men besides officers Capt" is dead AVill"" 
Walton recommended to succeed him He desires to have the companys 
more equally divided and to have 8 companys and to alter the districts 
There is but one Indian Nation the Chowans in the County only 2 men 
and 5 women and children ill used by their neighbors 

No arms in store 400 weight of Bullets & swan shot. The last 
Coimty Court made an order to buy 100 weight of Gun powder 

He complains that the officers pay is too small and the Private Men 
too large 

Currituck— Currytuck County Coll : Shcrgold 5 companies Officers 
Included 345 Will"" Shergold to be Coll: Stepiien Williams Lieut Coll: 
Robert Wiiitehall Major Tho. Burgess in room of Capt" Davys John 
Woodhouse in room of Capt" Jacob Ferrers in room of Capt" Carr. 

Dupplin — Capt Fred'k Greggs Troop Dupplin County including of- 
ficers 39 men. No arms. No ammunition in store. Pay he says is 
too small in case of a march 

Edgeorab — Coll : John Haywood returns for Edgcomb County 14 
companies Number of men including officers 1317 5 Captains Re- 
moved laid down or dead No Indians in the county no arms in store. 
The number of militia upon a new muster may be about 200 more It 
is desired that more companies be added and these more equally divided 

Granville — Will" Eaton Esq'' Coll: of Granville county His Regim* 
consists of 8 companys 734 besides officers 2 Capt"' Simms & Jones 
are moved away the others Resigned He thinks the fines on delin- 
quents should be fixed by a Court Martial. 

No arms or ammunition in the Stores There are about 12 or 14 Sa- 
pona men and as many women & children in the county Major Payne 
by Col : Eaton for Granville county recommends John Martin to be 
Capt" over part of Sugar Jones Company & Will™ Hawkins Capt" over 
the other part above Shaws Road and John Hawkins Capt" over part of 
Rich* Coleman's Company & Will" Johnston over part of Will"" Harris 
Company & Will" Paton Cap'" instead of Benjamin Sims moved away 
Capt Hursts Troop with officers 32. 

Hyde — Hyde county Coll : Sinclair. Reg' 4 companys with officers 
252. 

Johnston — Coll : De Rossetts Reg"' in Johnston county 10 companies 
officers included & Troop of Horses 893 No Indians. Indifferently 
armed Most have guns Capt" has resigned Robt Cade his 

Lieut to succeed him. 



COLONIAL RECORDS. 163 



New Hanover — Col : W" Dry Returns for Coll : Inne.s' Reg""' in 
New Hanover county Total including officers in 5 companys 508. 

No Indians in the county no arms nor ammunition in store but de- 
sires to have some lodged at Cape Fear to protect the shipping 

The Major having thrown up he desires Cap'" .John Ashe the eldest 
Captain to be made Major his Lieut to be made Captain & Ensign Lieu- 
tenant Ensigns he says are made by the Field officers and the clerks 
sergeants & Corporals by tiie Cap'"; his observations on y" militia are 
to have 4 quarterly musters and those who don't appear without reason- 
able excuses to each Captain or of Captains to the field officers to be 
fined Captains 30 Lieuts 20 Ensigns 15 Sergeants Corporals and pri- 
vate men 6° 8* each. Sergeant ujjon the Captain's warrant to Levy the 
fine or upon neglect or refusal to pay 20 Those who dont attend the 
General muster to forfeit double; private men who enlist in the Horse 
to bring a certificate from the officer of the Troop upon neglect to pay a 
fine as above. No Cap'" of a Troop to enlist a man out of his county 
or district on penalty of £5 

Northampton — Northampton County John Dawson Coll : 7 Companys 
officers included 739 Capt" Will" Short recommended for Major as eld- 
est Capt" in Room of Major James Manny . deceased The return sug- 
gested to be Short by 200 No arms &c in store no Indians but the 
Meherrins about 708 fighting men, 

Onslow — Onslow County Coll : John Starkey Reg"' 4 Companys 
officers included 352. No Indians no arms in store 

Orange — Elex^ M^Cullogh gives up his Commission for Orange Recom- 
mends John Gray Sherrif to be Colonel Dixon Lieut Coll : not suitable 
for Colonel 

Pasquotank — Pasquotank County Coll: R' Murdens Regiment officers 
included 590. No arms no Indians David Davys & William Martin 
recommended in room of Capt"'* Hughe & Abercrombie 

Perquimans — Perquimans County Coll: John Russells Regim' includ- 
ing officers 379 — 3 companies No arms nor ammunition no Indians 150 
Quakers in y° militia Wants to divide the eldest Company and recom- 
mends for Capt" 

Tyrrell — Capt" Evan Jones returns for Tyrrell county Militia which 
consists of 5 companies 4 returned at 337 Capt" Everet made no return 
The Coll : dead Lieut Coll & Major have neglected to act He as eldest 
Capt" desires a promotion No arms or ammunition in store no Indians 
in the County 



164 



COLONIAL RECORDS. 



[From Original MSS. in Office of Secretary of State.] 



To His Excellency Arthur Dobbs Esq" Cap'" General, Governour & 
Commander in Chief in and over his Majesty's Province of North 
Carolina, The Hon"' Members of his Majestys Council, and to the 
Members of the General Assembly of s'' Province 
The Humble Petition of us the Subscribers Sheweth 

That the Court of New Hanover County having some time agoe 
appointed a ferry from the Town of Wilmington to the Point of Marshe 
at the Mouth of the Thoroughfare, also another at a Place called Mount 
Misery on the North West branch of Cape Fear River, And the Com- 
missioners of the Several Districts have neglected and Refused to cause 
roads to be made to the same, to the Great Detriment of all Travellers, 
as also the Inhabitants of New Hanover and the Upper Counties 

We tiierefore pray that a Law may be passed to Oblige the Commis- 
sioners of the Several Districts adjoining the said Ferries, to cause Suf- 
ficient Roads to be made to the same, and your Petitioners as in Duty 
bound will ever Pray 



Moses Jn° DeRosset 

his 

Edmond + Rousk 

mark 

Tho: Hall 
Sam^ Neale 
James Arlow 
Matthew Byrne 
William Bell 
Cloud Cuningham 
William Robinson 

John Walker 

Ithamas Singletary 
James Gregory 
Thomas Neale 
James Knott 
John Boyd 
Tho Bo wen 
John Jones 
John Frazear 
Anth^ Ward 
John Wilkins 



Rich"" Eagles Jun"' 

Tho : Corbett 

Arthur Mabson 
Geo Hj'rne 
Jn° Jones 
Iver McKay 
Dennis Moore 
Caleb Mason 
James Moore Jun 

his 

Tho° + Cunningham 

mark 

Alex'' M^Alister 
Dan : M°Vuary 
Benj" Hillyard 
Abraham Molton 
Tho' Landen 
Rich" Parker 
Edw" Melket 
Townsend Robinson 
Henry Moore 
Fran : Brice 



COLONIAL EECORDS. 



165 



W™ Routledge 
Th° Routledge 
W" M°Eee 
Martin Holts 

his 

Dauiel -|- Diggiiis 

mark 

Gibbons Jennings 
Farmer Hembro 
Christopher Dudley 
Bishop Dudley 
Nath' Zeman 
Newell Harris 
John Maultsby Jun'' 
David Thomson 
Ja : Campbell 
Thos Custry 
Thomas Waman 
W-» Davis 
John Wattson 
John Brown 
Robert Burleigh 
E'^ward Palmer 
Alex' M'^Dougald 
David Doud 
Isaac Viek 
John Davis Jun' 
Joshua Tooraer 
Tho* James 
Ja" Blyth 

his 

John + Rose 

murk 

his 

Benjamin -f Smith 

mark 

John Roe 

Jacob M'Clenilon 

Thomas Sliarfard ^\'illiams 

John Dunn 

John Earle 

John Colvin 

John Marshall 

John Greadv 



Henry Skibbow 
Marmaduke Jones 
John Eede 
W- Veale 

Sam' Dunljibin 

Joseph Gary 
Benj° Morison 
Peter Simons 
Hen : Simmonds 
W" Simmonds 
Geo: Gibbs 
Dan' Dunbibin 
Will : McNeill 
David Jones 
Berr^ Moore 
Tho" Rowan 
W" Smith 
Walter Simson 
Jolm Small 
Johannes Eppinger 
Will-" Sym 
Neil Stothin 
Jo Walker 
Samuel Willets 
Chris' Walton 
John Barnet 
Nath Alexander 
Isaac Ogden 

William Gregory 

Tho' Vince 

Edw'' Bryan 
Hugh Murray 
Antoine Dubose 
Roger Evans 
Benjamin Evans 
John Wright 
Sam" Groon 
Sam" Watters 



166 



COLONIAL RECORDS. 



Sam" Sam ford 
Jos Clarke 
Maur Moore 
Hugh Purdie 
John Maultsby Sen' 
Ust' Espy 
Will" Cain 
Joliu Campbell 
W" Pugh 
Sereuce Kelly 
William Walker 



Da*" Morgan 
A Jn° Lillington 
Tho" Wiiite 
Duncan McNeill 
Sam" Ashe 
Ja" Mackilwean 
W" Williams 
Cosmas Farquharson 
Geo Merreck 
Will" Dry 
Robert Moore 
J Beteilke 



We the Grand Jury for the Counties of New Hanover Onslow [copy 
mutilated] Anson Duplin, Rowan & Cumberland agree to the Above 
Petition as witness our hands 



William Farris Foreman 

Geo. Moore 

Jn° D : Bois 

Fred'' Gregg 

Corn' Harnett 

R* Farr 

Joseph Mumford 

Thomas Finney 

Jn° White 

.John Grange 



Isaac Jones 
•George Brown 
Cha' Robinson Ju' 
Edw** BrOwn 
Richard James Grant 
Rob' Knowls 
John Brown 
Daniel M°Duflfie 
Caleb Howell 



[B. P. R. O. B. T. Journals Vol. 62.] 



BOARD OF TRADE JOURNALS. 

Thursday, January 31" 1754 
Present 
Earl of Halifax 
Mr. Grenville. Mr. Fane 
Mr. Townshend. Mr. Oswald. 
Read an Order of the Lords of the Committee of Council dated 3"" 
April 1753 referring to this Board for their consideration and report the 
Memorial of Arthur Dobbs Esq. Governor of North Carolina to His 
Majesty praying for ordnance and stores for the Fort lately erected on 
Cape Fear River. 



COLONIAL RECORDS. 167 



Their Lordships agreed to take the said Order into consideration on 
Friday the 8"" Feb'^ and ordered the Secretary to write to Mr. Dobbs to 
desire his attendance thereupon. 

Ordered that the draught of a Report upon the state of North Caro- 
lina prepared pursuant to their Lordships Order be taken into considera- 
tion on Thursday next and that the Secretary do write to Mr. Dobbs to 
desire his attendance. 

Read a letter from Mr. Smith Deputy to Mr. Walpole Auditor Gen- 
eral ot the Plautations to Mr. Pownall dated 18 April 1753 relating to 
the Quit rents in North Carolina and inclosing 

An Abstract of Mr. Allen's Accounts as Receiver General of Quit 
Rents in North Carolina from 1735 to 1748. 

Copy of Mr. Walpoles Report to Lords of the Treasury on Widow 
Johnston's claim. 

Read a Memorial of Arthur Dobbs Esq. Governor of Noith Carolina 
to the Board setting forth the insufficiency of the Quit Rents of that 
Province to pay the Salaries of the Governor and other Officers and pray- 
ing tiieir Lordships to represent to His Majesty the necessity of making 
some other provision for the said Salaries. 

Their Lordships agreed to take the said Memorial into consideration 
on Friday 8* February. 

Thursday, February 7"" 1754. 

Mr. Dobbs Gov' of North Carolina attending their Lordships took 
into consideration the draught of a Report upon the state of that Prov- 
ince pi'epared pursuant fo their Lordships order and having made some 
progress therein agreed furthei' to consider of it on Tuesday next and to 
defer the consideration of Mr. Dobbs petition for a salary and for Ord- 
nance stores for the Fort built in North Carolina until Wednesday next. 

Tuesday, February 12'" 1754 
Their Lordships agreed that the consideration of the papers mentioned 
in the preceding Minutes relative to the affairs of North Carolina should 
be postponed to another opportunity 

Friday, February 22"* 1754 
Their Lordships took into further consideration the draught of a Rep- 
resentation upon the state o& the Province of North Carolina mentioned 
in the minutes of the 7"' inst. and made some progress therein 

Monday, February 25"' 1754 
Their Lordships took into further consideration the draught of a 
Representation to His Majesty upon the state of the Province of North 
Carolina which having been agreed to was ordered to be transcribed 



168 COLONIAL KECORDS. 



Tuesday, February 26'" 1754. 

Mr. Dobbs Gov'' of North Carolina attending their Lordships took 
into consideration his Memorial relative to his Salary mentioned in the 
Minutes of the 31" Jan'^ and ordered the draught of a Representation 
to His Majesty to be prepared thereupon. 

Their Lordships took into consideration a Memorial of Mr. Dobbs to 
his Majesty referred to this Board by the Lords of the Committee of 
Council relative to Military Stores for the Fort built in that Province 
mentioned in the Minutes of the 31" Jan'^ and Mr. Dobbs was desired 
to attend again tomorrow morning with the Agent of the Province and 
to lay before their Lordships evidence in support of the allegations of 
the said Memorial 

Read a Memorial of Mr. Henry M°Culloh to the Board setting forth 
the hardships he labours under and praying their Lordships to recom- 
mend his case to His Maj. consideration Their Lordships agreed to take 
the said Memorial into consideration tomorrow morning and the Secre- 
tary was directed to write to Mr. M°Culloh to desire his attendance 

Wednesday, February 27* 1754. 

Mr. Dobbs attending with Mr. Abercromby Agent for North Carolina 
they were called in and their Lordships took into consideration Mr. 
Dobbs Memorial to His Majesty for Ordnance stores for the Fort at 
Cape Fear and Mr. Abercrombj' produced to their Ijordships several 
papers in proof of the allegations of the Memorial but it appearing to 
their Lordships they had not sufficient information whereon to ground a 
Report to the Council upon this affair the further consideration of it 
was postponed until Mr. Dobbs should be able to transmit to their 
Lordships more particular information with respect to the several mat- 
ters set forth in his Memorial. 

Mr. M°Culloh attending as desired was called in and their Lordships 
acquainted him that as that part of his Memorial which related to Lord 
Granville's line was a matter of private property and had never been 
under the consideration of this Board and as the other part of his Me- 
morial which related to the arrears of Salary due to him and the insuf- 
ficiency of the warrant he had obtained from the Treasury was a matter 
entirely within the jurisdiction of the Lords of the Treasury they did 
not think it proper or advisable for this Board to enter into a considera- 
tion of those points. 

Thursday, March 14'" 1754. 

The draught of a Representation to His Majesty upon the state of the 
Province of North Carolina having been prepared pursuant to the Min- 
utes of the 25"* Feb'^ was signed. 



COLONIAL RECORDS. 169 



The draught of a Representation to His Majesty upon Mr. Dobhs' 
Memorial relative to his Salary having been prepared pursuant to the 
Minutes of the 26"' February was agreed to transcribed & signed. 

Wednesday, April '.V 1754. 

Read an Order of the Lords of the Committee of Council dated 26 
March 1754 approving a Representation of this Board upon the present 
state of North Carolina and directing the Board to prepare Instructions 
for Mr. Dobbs upon the several points mentioned in said Representation 
conformable thereto. 

Ordered that the Draught of General Instructions and of those rela- 
tive to the Acts of Trade be prepared for Mr. Dobbs and that Instruc- 
tions upon the several points mentioned in the above Order be inserted 
therein. 

Wednesday, May 22'' 1754. 

Read the following copies of Orders of Council received from the 
Clerk of His Maj. Council viz: 

Copy of an Order in Council dated 28 March 1754 upon a Represen- 
tation of this Board relating to the settling a salary of £1000 per annum 
upon Mr. Dobbs the present Gov' of North Carolina and referring it to 
the Lords of the Treasury to consider of a proper fund for the payment 
.of it &c. 

Copy of an Order in Council dated 8 April 1754 approving a Repre- 
sentation of this Board proposing the repeal of Twenty six Acts passed 
in the Province of North Carolina between the Years 1715 and 1749. 

Thursday, May 23'" 1754. 
The Secretary pursuant to the Board's Order of the y April laid 
before the Board a draught of genera! instructions and also a draught 
of instructions relative to the observance of the laws of trade for Arthur 
Dobbs Esq. appointed Governor of North Carolina and part of the said 
instructions having been read and agreed to the further consideration of 
them was postponed until tomorrow morning. 

Friday, May 24'" 1754. 
Read a Memorial of Henry M^Culloh praying that he may be allowed 
to set off one thousand and thirty five pounds due to him from the 
Crown in discharge of so much quit rents due to the Crown. 

Mr. M'^Culloh attending without was called in and their Lordships 
after some conversation with him upon the subject of the said Memorial 
Vol. 5—8 



170 COLONIAL RECORDS. 



ordered the drauglit of a Representation to His Majesty thereupon to be 
prepared. 

Tlieir Lordships pursuant to yesterday's minutes proceeded to the con- 
sideration of the draught of instructions prepared for Arthur Dobbs 
Esq. Gov' of North Carolina and having gone thro' the same they were 
agreed to and ordered to be transcribed and the Draught of a Representa- 
tion to His Majesty thereupon to be prepared. 

Tuesday, May 28'" 1754. 
The draught of a Representation to His Majesty upon Mr. M°Cnlloh's 
Memorial having been prepared pursuant to the Minutes of Friday last 
was agreed to transcribed and signed. 

Wednesday, June 12"' 1754 
The draught of a Representation to His Majesty upon the draughts 
of General Instructions and of those which relate to the Acts of Trade 
for Mr. Dobbs Gov' of North Carolina having been prepared pursuant to 
the Minutes of the 24"" May was agreed to and ordered to be trans- 
cribed — and signed June 14"" 

Thursday, June 13'" 1754 
Read a letter from Mathew Rowan Esq" President of the Council & 
Commander in Chief of North Carolina to the Board dated March 19'" 
1754 relative to the encroachments of the French on the River Ohio. 

Ordered that a copy be made of the foregoing letter to be laid before His 
Majesty and that the draught of a letter to Sir Thos. Robinson inclosing 
it be prepared — whicii was agreed to, transcribed and signed June 14'" 

Tuesday, June 18'" 1754. 
The following Representations to His Majesty were agreed to and 
signed. Viz : 

* * * 

Representation proposing that Henry M°Culloh Esq. may be appointed 
Secretary of North Carolina in the room of Nathaniel Rice Esq" 

Friday, June 21" 1754. 

Read the following Orders in Council viz: 

* * * * 

Order of Council dated 2P' inst. approving a Representation of this 
Board proposing that Henry M'Culloh Esq. may be appointed Secretary 
of the Province of North Carolina in the room of Nathaniel Rice Esq. 
deceased & directijig this Board to cause a Warrant to be prepared for 
that ])nrpose. 



COLONIAL RECORDS. 171 



Friday, July 5'" 1754. 

Mr. Dobbs Gov"' of North Carolina attending without was called in 
and the following points were recommended to his attention njion his 
arrival in North Carolina. 

To enquire into the state of the paper currency which by Mr. Rowan's 
last letter appears to have been created and issued there, to send over the 
Act for issuing it and not to apply any part of it which now remains in 
the Trustees hands to answer contingencies until he receives further 
directions from His Majesty unless in cases of emergency and al>s(j]ute 
necessity. 

To take every prudent and effectual method of keeping up that spirit 
which has appeared in the Colony to oppose the hostile encroachments of 
a Foreign Power and in case of a requisition from any of the Colonies 
for assistance to direct the troops under his command in such manner as 
should appear to iiim to he best for the general interest and security of 
His Maj. Cohinies. 

To endeavour to get an Act passed for establishing a Powder duty in 
case that formerly passed should be expired. 

To consider that Article of His Maj. Instructions which relates to the 
security to be given by persons applying for Grants of I^and that they 
will not enter upon it until a Patent be finally passed and in case it should 
appear to him that the carrying it into execution would be attended with 
any particular hardship or inconvenience to make a full Representation 
of the ease to the Board 

To enquire into the state of the proceedings with respect to the 
Boundary Line between North and South Carolina and to consult with 
the Gov"' of South Carolina upon what will be a proper line and report 
his opinion fully to the Board. 

Thursday, October 24'" 1754. 

Read a letter from Mr. Rowan President of the Council and Com- 
mander in Chief of North Carolina to the Board dated at Cape Fear 
3'* June 1754 inclosing 

Journal of the House of Burgesses in April 1753. 

Journal of the Upper House in Assembly in Feb'^ ct March 1754 

Tuesday, October 29"' 1754. 
The Secretary laid before the Board the following <'opy of Orders in 

Council. Viz : 

***** 

Order of Council dated 8"" April 1754 approving a Representation 
of this Board to His Majesty proposing the repeal of eight Acts j)assed 
in North Carolina in the years 1715 & 1729. 



172 COLONIAL RECORDS. 



Order of Council dated 8"" April 1754 approving a Representation of 
tliis Board to His Majesty proposing the repeal of eighteen Acts passed 
in North Carolina between the years 1734 and 1750. 

Order of Council dated 21" June 1754 approving the Draughts of 
General Instructions and of those which relate to the Acts of Trade & 
Navigation prepared by this Board for Arthur Dobbs Esq'' Governor of 
North Carolina. 

Tuesday, December 10'" 1754 
Read a letter from Mr. Rowan President of the Council of North 
Carolina to the Board dated at Cape Fear 26* Aug' 1754 inclosing a 
printed copy of the Acts passed in that Province at the last Session. 

Ordered that the said Acts be sent to Mr. Lamb for iiis opinion 
thereon in point of law. 



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

COUNCIL JOURNALS. 

At a Council held at Wilmington on the 19'" day of February 1754 
Present the Honourable Matthew Rowan Esq' President 
James Murray James Innes~l 
James Hasell John Swann V Esq"" 
Lewis De Rosset j 

His IIom)nr the President was pleased to lay before the board a Let- 
ter from the Hon"' Robert Dinwiddie Esq' Lieut. Governor of Virginia 
dated at Williamsburg the 29"' day of January last which was read in 
the following words viz 

WiMJAM.sBrRf; Virg" Jan^ 29'" 1754 
Sir 

Being justly alarmed at the Rumours of the French Proceedings on 
the Ohio, my Solicitude for the preservation of His Majestys Rights and 
the Wellfare of all His Majestys Colonies in General, induced me to 
send a Gentleman to the place, by whom I might know the Truth. His 
Return informed me of the following Particulars, which I thought nes- 
cessary to impart to you by this Express. 

On his arrival at the Ohio Maj' Washington (the Gentleman I sent) 
found that the French had taken Post on a branch of that River, and 
built a fort wherein they iiad mounted eight peices of Cannon, Six 
pounders, and that they had in Rediness materials for other forts which 



COLONIAL RECORDS. 173 



they Declared their Intentions to erect on the River and particnlarly at 
Logs Town the Place Destined for their Chief Residence, so soon as the 
season would permit them to embark and for which Purpose he saw 220 
Canoes ready finished besides a great many more blocked out, Having 
delivered his Credentials and my Letter, lie Complained to tiie Com- 
mand' of the violence that had been Ottered to his Majestys subjects in 
siezing their Effects and making Prisioners of their Persons to which he 
was answered that the Country belonged to them that no Englishman 
had a Right to Trade upon those waters and that he (the Commandant) 
had orders to make Every Person Prisoner that attempted it on the 
Ohio or the waters of it. Your Honour will perceive tliese to be their 
sentiments by the Inclosed and that they are determined to Carry these 
Designs into Execution, and it were Superfluous to advance many Argu- 
ments with so discerning and Sagacious a Servant of our Master; to 
prove the Urgency that Presses every one of His Majesty's Colonies, to 
exert themselves on this Occasion to Vindicate the Honour and Dignity 
of His Crown and justify his undoubted Rights against these invaders 
of the Brittish property The power of Our Enemies is far from being 
contemptible and it is as certain they will exert its utmost efforts to pro- 
cure all Possible Advantages against us, they have already engaged 
three Indian Nations, the Chyppoways Ottoways and Orundacks to take 
up arms against the English and from the best Information Maj' Wash- 
ington learned that the French had four forts on the Mississippi besides 
their strong settlement at New Orleans where they have fourteen hun- 
dred men in Garrison that by means of the River Ovabaseck they have 
a Communication between Canada and the Mississippi and some Forts 
on the Oubash to Cover and protect this Communication. 

Before they sent their Troops into Winter Quarters last fall they call'd 
the severall Tribes of Indians near their forts together and told them that 
altho the approaching Season and the state at that Time of the Waters, 
. made it necessary to Send the Chief of the Forces into Winter Quarters, 
yet they might be assured to see them early in the Spring with a much 
more considerable Armament, and then they would take possession of 
the Ohio and threatened them if they were not entirely passive. 

These Circumstances induced me to order out for the Present a De- 
tachment of the militia, and Call together the Assembly whicii I Have 
ordered to meet the 14"' of next month and hope they will enable me 
to take more Vigorous measures in the common cause, the success of 
which, as I apprehend greatly depends on the Dispatch with which our 
Forces are Drawn together, & the promptitude of every Colony to exert 
itself on this pressing Occasion. I have for the Present ordered a De- 



174 COLONIAL RECORDS. 



tachment of the militia to Cover our People from farther insult, and I 
Hope the Assembly which I Have called together to meet the 14"" of 
next month, will enable me to have a good Party at Will's Creek on the 
head of Potowmack, i-eady to join the forces from His Majestys Other 
Dominions. I propose this Place for the Rendezvous, as being the most 
generally Convenient for us all, and nearest the Scene of Action, And 
thither I should be Extremely pleased, if your Honour would be so 
good as to order the men that yon can furnish and to be there by the 
first of March if possible. 

As it migiit be Detrimentall to divide the Command I Hope you will 
have no Objection to placing tiie Command of your men in the hands of 
the same Geueral Officer wiiom I shall Entrust with the Conduct of 
the Whole 

Your answer on the Return of this Express with the prospect you 
may have of Raising forces & the Time you think they may march will 
be very Agreeable to 

Sir Your Hon" most Humble Servant 

ROBERT DINWIDDIE 

P S I have wrote to all the Colonies to the Northward of this for their 
Aid and Assistance on the Present Emergency 



At a Council held at Newbern the 28'" day of March 1754 
Present the Honourable the President 
f James Murray James Inues 1 t^ rs 

\ James Hasell Lewis De Rosset J ' " 

His Honour the President was pleased to acquaint the Board that John 
Rieussett Esq' a member of Council Moved for leave of absence for 
twelve months Granted 

James Innes Esq' Colonel of the Regim' now Raising for his Majesty's 
service Represented to this board that a Surgeon's Mate will be indispen- 
sibly necessary for his Regiment. 

And His Honour and the Council being of the same opinion and find- 
ing no pay for such an Officer Established by Law Ordered that the 
surgeon's mate to be Commissioned for the said Regiment shall have and 
Recieve two Shilling and six pence Proclamation money 1^ Day for his 
service while the said Regiment Continues in pay or till the same shall be 
alter'd by the Assembly 

March 29'" 1754 

Present His Honour the President The same members as yesterday 



COLONIAL RECORDS. 175 



James Innes Esq' Colonel of the Regiment now Raising in this Prov- 
ince for his Majestys service and Robert Palmer Esq' Colonel of the 
Militia in the County of Cumberland Produced their Commissions and 
Took the Oaths by Law Appointed to be taken by Publick Officers and 
made and subscribed the Declaration called the Test 

Saturday March 30'" 1764 

Present His Honour the President 
I" James Murray James Innes ^ 

The Hon^'V James Hasell Lewis De Rosset V Esq" Members 
( John Rieussett j 

Felex Oneal Gent produced his Commission from His Honour the 
President for Clark of the Council as an Upper House of the Assembly 
and took the Oaths by Law appointed to be taken by Publick Officers 
and made and subscribed the Declaration called the Test and took the 
Oath of Office 



Friday May — 1754 

Present His Honour the President 
( James Murray James Innes 'l 
The Hon^'V James Hasell John Swann VEsq" Members 
( Lewis De Rossett j 

His Honour the President was Pleased to order a prorogation of the 
General Assembly to the fourth Tuesday in September next then to 
meet at Newbern to which the council concurred. Several patents were 
passed and Signed as '^ entry book 

Wilmington May 21" 1754 

Present His Honour the President 

Tl"= Hoc- { 'CZ S:S^' tZZ De°K<.se. } ■=»>" «•""»» 
On a Motion by Mr. Jones in behalf [of] Henry Downs setting forth 
that a judgement has been obtained by John Nickolas in the General 
Court of this Province ft)r a Certain Sura which the said Down maketh 
Oath hath been paid by him to the said Nickolas and to the sheritt' 
of Orange County in Verginia as by his affidavit exhibited into Coun- 
sil is more fully sett forth and praying an Injunction Granted 

Ordered that new Commissions of the Peace do issue for the Coun- 
ties of Rowan and Orange 

Orange the first Tuesday in July Rowan the second Tuesday in Ditto 
Complaint having been made by the Magistrates and Militia officers 



176 COLONIAL RECORDS. 



of Rowan County that a party of Indians suspected to be Catawbor 
have Committed several gross abuses on the White People of Rowan 
and Anson Countys Ordered that a Commission issue to Alex"^ Osbern 
and James Carter Esq" to enquire into the said Complaint to represent 
the same to the said Indians and make their Report the fourth Tuesday 
in Sepf next. 



At a Council held at Newbern on the "24"' day of Sep' 1754. 
Present the Honourable Math Rowan Esq' President 

{James Murray Francis Corbin ^ 
James Hasell John Swann > Esq" Members 
Lewis De Rossett j 

John Dawson Esq' produced a Mandamus from their Excellencies the 
Lords Justices dated the Eighth day of June one thousand Seven hun- 
dred and fifty Two Commanding the Gov' or Commander in Chief of 
this Province forthwith on Reciept thereof to swear and admit him the 
said John Dawson to be one of his Majestys Council in this Province in 
the room of Roger Moore Esq' Deced 

Whereupon the said John Dawson took the Oaths by Law appointed 
to be taken by publick officers made and subscribed the Declaration 
Called the Test and took the Oath of a Councellor and liis seat at the 
board 

Newbern September the 26'" 17.54. 

Present ut supra and John Dawson Esq' 

Present His Honour the President 
r James Murray Francis Corbin ^ 

rr.1 TT hi» James Hasell .John Swann I ^ „ ^f , 
The Hon"' i j u v ^\ e i i \ t\ i ^^^ Members 

I John Rutherford John Dawson ^ 

(^ Lewis De Rosset j 

The Letter of Governor Dinwiddle dated the .5'" Day of August and 
the Letters of Col Innes dated the 3 & 12 day of August were Read 
directed to his Honour the President upon which the board was of opin- 
ion that all the Money remaining of the £12000 after paying the forces 
and Charges already accrued shall be applied for his Majestys Service 
for the assistance of Virginia agreeable to the original Intention of the 
act and it was Desired that his Honour the President would be pleased to 
acquaint Gov' Dinwiddle and Col° Innes thereof 

Newbern September 27 1754 

Present His Honour the President 



r James Murray Francis Corbin^ 
) James Hasell John Swann { 

] John Rutherford John Dawson [ 
(^ Lewis De Rosset J 



mi TT bie James Hasell John Swann > it. „ at u 

The Hon'>« ' _. , ^.,f. t , „ t.„^„,„ - Esq" Members 



COLONIAL RECORDS. 177 



Mr. Swann in belialf of Comelious Harnett Esq' prodnced a paper 
said to contain the Nuncupative Will of Robert Haiton late of New 
Hanover County deed which being considered the Witnesses examined 
and the Parties Heard it was adjudged not to be a Nuncupative Will 
according to Law and was therefore sett aside. 

John Rutherford Esq' Moved for Letters of Administration on the 
said Rob' Halton's Estate and making it appear that he the said John 
Rutherford was the greatest Creditor of the Deced. Ordered that the 
Secretary do make out Letters of Administration for the said John 
Rutherford he giving Security and Qualifying according to Law 



[B. P. R. O. North Carolina. B. T. No. 26.] 

LEGISLATIVE JOURNALS. 

North Carolina. 

At an Assembly begun and held at Newbern the Twenty fifth day of 
February in the year of our Lord One Thou.sand seven hundred and 
forty six, and in the twentieth year of the reign of our Sovereign Lord 
George the Second, by the Grace of God of Great Britain, France and 
Ireland King, Defender of the Faith etc and continued from thence by 
several Prorogations to the nineteenth day of February one thousand 
seven hundred and fifty four, in the twenty .seventh year of his said 
Majesty's reign, and then continued by adjournment to the Twentieth 
Instant. 

Wednesday February 20"' 1754, (to the 9"" of March following.) 

In the Upper House . 

Present 

{James Murray John Swann "j 

James Ha.sell Lewis De Ro.sset VEsq" Members. 
James Innes j 

The Honourable Mathew Rowan Esq", President of His Majesties 
Council, and Commander in Chief in and over the said Province, came 
to this House, and sent a message to the Lower House, commanding 
their immediate attendance. 

Whereupon the Speaker attended by the Lower House waited on his 
Honour in the Council Chamber, where he was pleased to make to both 
Houses the following Speech. 



178 COLONIAL RECORDS. 



Gentlemen of His Majesty's Council, Mr. Speaker and Gen- 
tlemen OF THE Assembly. 

By Letter from the Earl of Holderness one of His Majesties Princi- 
pal Secretaries of State, dated in August last, I have been informed of 
the March of a considerable number of Indians, supported by some reg- 
ular European Troops with intention to commit hostilities on parts of 
His Majesty's American Dominions. 

These advices are confirmed by an express I received from Governor 
Dinwiddle of Virginia, last Monday, by which it is evident that the 
French have formed, and gone considerable length in executing a design 
to encroach on our Settlements to the Westward. 

You know too well gentlemen the Importance of the Western Terri- 
tory to these Colonies to sitt still and tamely see a formidable fori-eign 
Power possess themselves of it, therefore I have not the least doubt of 
your exciting yourselves to the utmost in the common cause on this occa- 
sion, a good and seasonable supply now, as it will be the most effectual, 
will be likewise the most saving to the several Provinces. 

His Majesty out of His Paternall care for all his Subjects, desires 
nothing more than their general benefit, which is perfectly compatible 
with your own, for my own part the King my master, and your interests 
are mine, I have nothing to ask but what yoiu will either be willing to 
do, or what your posterity will have reason to wish you had done. 

I intended to have recommended several other matters to your consid- 
eration, but until this pressing business is dismissed, I would not have 
your intentions diverted. 

I will order Copys of the Earl of Holderness, Governor Dinwiddle, 
and the French commandant's Letters to be laid before you. 

Then His Honour withdrew from this House 

This Honourable Board was pleased to take under their Consideration 
His Honour's Speech, and ordered the same to be read, which was accord- 
ingly, and the Honourable James Hasell, James Innes, and Lewis De 
Rosset Esq" three of the Members of this Board were appointed a Com- 
mittee to answer the same. 

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

Thursday, February 21" 1754 The House met according to Adjourn- 
ment 

Present 
James Murray John Swann ~| 

The Hon'''' <| James Hasell Lewis De Rosset V Esq" Members 
James Innes ) 



COLONIAL RECORDS. 179 



The Gentlemen appointed by this Board to draw up an Address to the 
Honourable the Presidents Speecii, reported the same, which was ordered 
to be read, and being apj)roved of, was ordered to be ingrosed. 

Then the House adjourned till 3 o'clock in the afternoon 

The House met according to Adjournment. 
Present 

{James Murray John Swann ") 

James Hasell Lewis De Rossett V Esq" Members 
James Inues j 

And adjourned till to-morrow morning 9 o'clock. 

Fryday, February 22°'' 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray John Swann ^ 

James Hasell Lewis De Rossett V Esq" Members. 
James Innes J 

The Honourable Mathew Rowan Esq" President came to this Board 
and the Honourable James Murray Esq" presented him with the follow- 
ing Address 

To the Honourable Mathew Rowan Esq", President of His Majesty's 
Council, and Commander in Chief in and over His Majesty's Province 
of North Carolina. 

Sir, 
We his Majesty's most dutifull and loyall Subjects, the Members of 
His Majesty's Council of this Province, return your Honour our sincere 
thanks for the communication of those advices, you have lately received 
from the Earl of Holderness, and the Governor of Virginia we should 
be greatly wanting to ourselves, our King and Country, did we not exert 
ourselves on this important Occasion, and altho' we must acknowledge 
our surprise, that in a time of peace, without any previous declaration 
an European Nation, who call themselves Christians, should in violation 
of the solemn Treaties, subsisting between us and them, with the assist- 
ance of merciless and rapacious Nations of Indians, invade our Western 
Settlements, yet at same time as we are very sensible, that nothing but 
as speedy and effectual a supply as our province can afford, will show 
that we have at heart the repelling those treacherous invaders, the rescue- 
ing the inhabitants from the cruelties and miseries they may labour 
iinder, or be exposed to, the vindicating His Majesties Rights, and those 
of the English Nation. We say Sir, that these powerful motives will 



180 COLONIAL RECORDS. 



excite ns with cheerfulness and unanimity to join the other House in 
such measures as may be most proper for that salutary and necessary 
purpose, that our latest posterity may have nothing to reproach us with 
on this Occasion. 

When this pressing business is properly dismissed we shall be fond of 
taking into our consideration any other matters beneficial to this Prov- 
ince, which your honour may think proper to lay before us, as will be a 
means of showing our sincere attachment to the good thereof consistant 
with His Majesty's Prerogative, as we flatter ourselves that your Honour 
will readily eoncurr in all measures we may propose for that end. We 
hope this session may be brought to an happy conclusion. By order. 

Then the House adjourned till 4 o'clock in the afternoon 

The House met according to Adjournment. 
Present 

{James Murray John Swann "j 

James Hasell Lewis De Rossett >■ Esq" Members. 
James Innes j 

And adjourned till to-morrow morning 9 o'clock. 

Saturday, February 23'' 1754. The House met according to Adjoui'u- 
ment. 

Present 

{James Murray John Swann ') 

James Hasell Lewis De Rossett V Esq" Members. 
James Innes j 

And adjourned till .3 o'clock in the afternoon. 

The House met according to adjournment. / 

Present 
y r James Murray John Swann ~| 

The Hon"° < James Hasell Lewis De Rossett V Esq" Members. 

( James Innes j 

And adjourned till 9 o'clock Monday morning. 

Monday, February 25* 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray John Swann ~j 

James Hasell Lewis De Rossett vEsq" Members. 
James Innes j 

And adjourned till 4 o'clock in the afternoon. • 



COLONIAL RECORDS. 181 



The House met according to Adjourniuent. 
Present 

{James Murray John Swanu "j 

James Hasell Lewis De Rossett > Esq" Members. 

James Innes J 

And adjourned till to-morrow morning 10 o'clock. 

Tuesday, February 26* 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray John Swann ~| 

James Hasell" Lewis De Rossett V Esq" Members. 
•James Innes ) 

Adjourned till 3 o'clock in the afternoon. 

The House met according to Adjournment. 
Present 
( .James Murray John Swann ~| 

The H()n''''<^ James Hasell Lewis De Rossett > Esq" Members. 

( James Innes j 

Mr. Ashe and Mr. Harnett brought up the following Message 

Gentlemen of his Majestys Hon"" Council, 

This House have appointed the following Members Comittees of 
Accounts and Claims (viz') 

Mr. Vail Mr. Ashe and Mr. Harnett on the Public Accounts, and Mr. 
Starkey, Mr. Howell, Mr. Brice and Mr. Clark with Mr. Houston on 
the Publick Claims in conjunction with such of your Members as your 
Honours shall think fitt to appoint. SAM SWANN, Speaker. 

This House having taken under their consideration the Message of 
this day, relative to the appointment of the Committee of PublickJAc- 
counts and Claims, have thought fitt to appoint the following Grentlemen 
to join those of your House (to wit) the Hon"' James Hasell and Lewis 
De Rossett Esq", on the Publick Accounts. And the Hon*"'" James Innes 
and John Swann Esq" on the Claims. 

By Order. JOHN DEVIS, C" 

Mr. Dixon and Mr. Brandon, brought up the following Trills. 
The Bill for continuing several Acts therein mentioned 

The Bill for granting to His Majesty the sum of £ 

And for stamping and emitting the sum of £ 

In the General Assembly read the said Bills & passed. 

In this House read the first time and passed. 

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



182 COLONIAL RECORDS. 



Wednesday, February 27"* 1754. Tlie House met according to ad- 
journment. 

Present, 
r James Murray John Swann 'j 

The Hon^V James Hasell Lewis De Rossett VEsq" Members. 
( James Innes j 

Mr. Dickson and Mr. Carter brought up the following Bills. 

A Bill to alter the time for holding the Courts of Orange, Rowan, 
Bladen and Duplin Counties. 

A Bill for appointing and laying out a Town in Anson County. 

A Bill for appointing a convenient place for holding the County Court 
of Orange. 

In the Lower House read tiie above mentioned Bills, the first time 
and passed. 

The Bill to alter the time for iiolding y' Courts of Orange, Rowan, 
Bladen and Duplin. In the Upper House read the first time and passed 
with Amendm'' 

The Bill for appointing and laying out a Town in Anson County. In 
the Upper House read the first time & passed witii Amendments. 

The Bill to appoint a ct)nvenient place for holding the County Court 
of Orange. In the Upper House read the first time & passed with 
Amendments. 

Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to Adjournment. 
Present. 

{James Murray John Swann ~) 

James Hasell Lewis De Rossett l Esq" Members. 
James Innes j 

And adjourned till to-morrow morning 10 o'clock 

Thursday, February 28"' 1754. The House met according to Ad- 
journment. 

Present, 
r James Murray John Swann "j 

Tiie Hon^v James Hasell" Lewis De Rossett l I^sq" Members. 

( James Innes j 

Mr. MThvaine & Mr. Harris, Brought up the following Bills. 
"A Bill for continuing several Acts therein mentioned." In tiie Lower 
House read tiie second time & passed with Amendm** 

"The Bill for granting to His Majesty the sum of £ and for stamp- 
ing and emitting the simi of £ In the Lower House read the second 
time & passed with Amendm" 



COLONIAL RECORDS. 18.} 



"The Bill for continuing several Acts therein mentioned." In the 
Upper House read tlie second time & passed with Amendni" 
Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to adjournment. 
Present. 

{Janies Murray John Swann "j 

James Hasell I>ewis De Rossett > Esq" Members. 
James Innes ) 

Mr. Bryan and Mr. Howell Brought up the following Bills. 

"A Bill for appointing and laying out a Town in Auson County. 

"A Bill to alter the time for holding tlie Courts of Orange, Rowan 
and Bladen Counties. 

"A Bill to appoint a convenient place for holding tlie County Court 
of Orange. 

In the Lower House read the said Bills the second time and passed 
with Amendments. 

"A Bill for erecting the Upper part of Johnston County, and the 
Lower part of Orange County into a County and Parish by the name of 
Parish of etc. 

"A Bill to divide Bladen County into a County and Parish by the 
name of County and S' Parish. 

"A Bill for granting unto the Town of Brunswick the priviledge of 
choosing and sending a Representative to the General Assembly. 

" A Bill to regulate the Freights on Cape Fear River. 

"A Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of North East Branch of Cape Fear River at 
the place called the Sand hills, and to appoint an Inspector in the said 
Town, and otiier purposes therein mentioned. 

"A Bill to amend an Act entituled, An Act to appoint a convenient 
place for holding the County Court of Duplin. 

"A Bill for appointing Commissioners of the roads for the South 
West district of New Hanover County. 

"A Bill for an Act to impower the Justices of Craven County to sell 
the lott whereon the Court House stands in Newbern. 

"A Bill for the further and better regulation of the Town of Wil- 
mington and for repealing the several Acts therein mentioned. 

In the Lower House read the above mentioned nine Bills the first time 
and passed. 

Mr. Harnett and Mr. Ashe brought up the Subsequent Bills. 

"A Bill for an additional Act to an Act entituled an Act for impow- 
ering the several Commissioners hereafter mentioned. 



184 COLONIAL RECORDS. 



" A Bill for appointing the several Ferries therein mentioned, and for 
obliging the Commissioners of the several Districts to make roads to the 
same. 

In the Lower Honse read the first time and passed. 

"The Bill for the further and better regulating the Town of Wilming- 
ton and for repealing the several Acts therein mentioned. In the Upper 
House read the first time & passed with Amendments. 

"The Bill to alter the time for holding the Courts of Orange, Rowan 
and Bladen Counties. In the Upper House read the second time and 
passed. 

"The Bill for granting unto the Town of Brunswick the priviledge of 
choosing and sending a Representative to the General Assembly. 

" The Bill to divide Bladen County into a County and Parish by the 
name of County, and S' Parish. 

"The Bill. for appointing Commissioners of the Roads for the South 
West district of New Hanover County. 

" The Bill to regulate tlie Freight on Cape Fear River. 

"The Bill for an Act to impower the Justices of Craven County to 
sell the lott, whereon the Court House stands in Newbern. 

"The Bill to amend an Act entituled an Act to appoint a convenient 
place for holding the County Court of Duplin. * 

In the Upper House read the above six Bills the first time and passed. 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of the North East Branch of Cape Fear 
River, at the place called the Sand hills, and to appoint an Inspector in 
the said Town, and other purposes therein mentioned. 

"The Bill for an Additional Act to an Act entituled An Act fi)r 
impowering the several Commissioners herein after named. 

In the Upper House read the first time & ])assed with Amendm'". 

"The Bill for appointing the several Ferries therein mentioned, & for 
obliging the Commissioners of the several Districts to make roads to the 
same. In the Upper House read the first time and passed. 

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

Fryday, March 1'' 1754. The House met according to adjournment. 
Present 



C James Murray John Swann 



The Hon*"'"-/ James Hascll Lewis De Rosset V Esq" Members. 
( James Innes J 

The Hon'''° James Murray Esq" President moved that the House 
resolve into a Committee of the whole House. 

Resolved, That the House resolve into a Committee of the whole 
House 



COLONIAL RECORDS. 185 



The House resolved into a Committee of the whole House, and the 
Honourable James Hasell Esq" is chosen chairman. 

Then the House adjourned till 3 o'clock in the afternoon. 

The House met according to Adjoui-nment. 
Present. 
( James Murray John Swann "j 

The Hon^'V James Hasell Lewis De Rossett >Esq" Members. 
( James Innes j 

The Hon"'' James Hasell Esq'" moved, that Mr. President resume the 
Chair 

Mr. President resumed the Chair and the Hon"" James Hasell Esq" 
Chairman, reported the Proceedings of this House on the Bill for grant- 
ing to his Majesty the sum of £ 

To which amendments the House agreed, and ordered that the 
Amendm'* proposed by the Committee be incerted in the Bill. 

The Bill for granting His Majesty the sum of £ and for stamping 

and emitting the sum of £ In the Upper House read the second 
time & passed with Amendments. 

Mr. Brice & Mr. Harris brought up the following Bills, 

The Bill to amend an Act entituled an Act to appoint a convenient 
place for holding the County Court of Duplin. 

The Bill to empower the .lustices of Craven County to sell the lot 
whereon the Court House stands in Newbern. 

The Bill for appointing Commissioners of the roads for the South 
West district of New Hanover County. 

The Bill to divide Bladen County into a County and Parish by the 
name of Cumberland County and S' Davids Parish. 

The Bill for granting unto the ToM'n of Brunswick the priviledge of 
choosing and sending a representative to the General Assembly. 

The Bill for appointing the several Ferries therein mentioned and for 
obliging the severall Commissioners of the several Districts to make 
roads to the same. 

The Bill to appoint and lay out a Town on the Plantation of Henrv 
Skibbow, on the East side of the North East Branch of Cape Fear 
River at the place called the Sand Hills, and to appoint an Inspector in 
the said Town, and for other purposes therein mentioned. 

The Bill for an additional Act, to an Act entituled An Act for im- 
powering the several Commissioners hereafter mentioned. 

In the Lower House read the said Bills the second time & passed witli 
amendments. 

Mr. Carter & Mr. Harnett brought up the following Bills. 

The Bill for continuing several Acts therein mentioned. 



COLONIAL RECORDS. 



The Bill for the further and better regulation of the Town of Wil- 
mington and for the repealing the several Acts therein mentioned. 

In the Lower House read the Bill for continuing several Acts read 
the third time and passed with Amendments. 

In the Lower House read the Bill for the further and better regula- 
tion, read the second time and passed with Amendments. 

The Bill for the further and better regulation of the Town of Wil- 
mington, & for repealing the several Acts therein mentioned. lu the 
Upper House read the second time & passed with Amendments. 

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

Satiu'day, March 2°'' 17.54. The House met according to Adjourn- 
ment. 

Present. 

{James Murray John Swann 1 

James Hasell" Lewis De Rosselt V Esq" Members. 
James Innes j 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of the North East Branch of Cape Fear 
River. 

The Bill to divide Bladen County into a County and Parisli by the 
name of Cumberland County and S' Davids Parish. 

The Bill to ammend an Act entituled An Act to appoint a convenient 
place for holding the County Court of Duplin. 

The Bill for appointing the severall Ferries therein mentioned, and 
for obliging the several Commissioners of the several Di-stricts to make 
roads to the same. 

The Bill for appointing Commissioners of the roads for the Soutli 
West District of New Hanover County. 

The Bill for granting unto the Town of Brunswick the priviledge of 
choosing and sending a representative to the General Assembly In the 
Upper House read the second time & passed with Amendm" 

The Bill to impower the Justices of Craven County to sell tiie lott 
whereon the Court House stands in Newbern. 

The Bill for an additional Act for impowering the several Commis- 
sioners herein after named. 

Tlie Bill to appoint a convenient place for holding the County Court 
of Orange. In the Upper House read the second time and passed. 

Then the House adjourned till Monday morning 10 o'clock. 

Monday, March 4"" 1754. The House met according to Adjourn- 
ment. 



COLONIAL RECORDS. 187 



Present 

{James Murray John Swann ^ 

James Hasell Lewis De Rossett VEsq" Members. 
James Innes j 

Mr. Bartram and Mr. Dickson, brought up the Bill to alter the time 
of holding the Court of Orange, Rowan and Bladen Counties. In tlie 
Lower House read the third time and passed. 

Then the House adjourned till 4 o'clock in the afternoon. 

The House met according to adjournment. 
Present 
James Murray John Swann 
The Hon"'^ James Hasell Lewis De Rossett VEsq'' Members. 



( James Murray John Swann j 

'■< James Hasell Lewis De Rossett >'. 

( James Innes j 



The Bill to appoint a Town in Anson County, was read the second 
time and passed. 

The Bill to alter the time of holding the Courts of Orange, Rowan, 
and Bladen Counties, was read the third time and passed. 

Ordered to be Engrossed. 

Then the House adjourned till 9 o'clock the morrow morning. 

Tuesday, March 5'" 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray John Swann ~| 

James Hasell Lewis De Rossett >Esq" Members. 

James Innes j 

Mr. Harris and Mr. Brandon, brought up the following Bills, (viz') 

A Bill to impower the Justices of Craven County to sell the lott 
whereon the Court House stands in Newbern. 

A Bill for the further and Jjetter regulation of the Town of Wilming- 
ton. 

A Bill to amend an Act for appointing a convenient place for hold- 
ing the County Court of Duplin. 

A Bill to appoint the Commissioners of the roads on Black River. 

A Bill for appointing the several! Ferries therein mentioned. 

A Bill to appoint a Town on the Plantation of Henry Skibbow. 

Which Bills were read in the General Assembly the third time and 
passed, and which Bills were read in this House the third time & passed 
and ordered to be sent down to be engrossed. 

Mr. Dickson and Mr. Carter, brought up the following Bills. 

A Bill for granting to the Town of Brunswick the priviledge of choos- 
ing and sending a Representative to the General Assembly. 



188 COLONIAL RECORDS. 



A Bill to appoint a convenient place for the County Court of Orange. 

A Bill for appointing Commissioners of the roads for the South West 
district of New Hanover County. 

A Bill for laying out a Town in Anson County. 

Which four Bills have been read in the General Assembly, the third 
time, were also read in this House the third time, passed & ordered to 
be engrossed. 

A Bill to divide Bladen County into a County and Parish by the 
name of Cumberland County and S' Davids Parish, read the third time 
in the General Assembly, was brought up by Mr. Dickson and Mr. Car- 
ter, read in this House the third time passed and ordered to be Engrossed. 

Mr. Harnet and Mr. Brice brought up, A Bill for granting to His 
Majesty the sum of £40,000 & for emitting the same in publick Bills of 
Credit. 

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

Wednesday, March 6* 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray Jown Swann ~| 

James Hasell I.iewis De Rossett V Esq" Members. 

James Innes j 

The Bill for granting an Aid to his Majesty of £40,000 Proclamation 
Money; and for stamping and emitting the said sum in Publick Bills 
of Credit was read the third time and referred till to-morrow. 

John Swann Esq" moved for leave to bring in a Bill to encourage men 
to enlist for the Assistance of Virginia, which motion being agreed to 
Mr. Swann and Mr. De Rossett were appointed a Committee to prepare 
and bring in the same; The said Committee having prepared the said 
Bill, the same was brought in read & passed. 

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

Thursday, March 7"" 1754. The House met according to Adjourn- 
ment. 

Present 

{James Murray John Swann ~| 

James Hasell Lewis De Rossett > Esq" Members. 
James Innes j 

This House resumed the consideration of tiie Bill for granting an Aid 
to His Majesty of £40,000 proclamation money, and for stamping and 
emitting the said sum in Publick Bills of Credit, passed and was sent 
down, Ordered to be engrossed. 

The House adjourned till 4 o'clock in the afternoon. 



COLONIAL RECORDS. 189 



Mett pursuant to Adjournment. 

Present 

(James Murray John Swann ^ 

James Hasell Lewis De Rossett V Esq" Members. 
James Innes j 

Mr. Robinson and Mr. Bryan brought up the Bill to encourage men 
to enlist for the assistance of Virginia, Endorsed read in the General 
Assembly the first time and passed 

By Order. W" HERRITAGE C" 

Which Bill was read in this House the second time and passed with 
Amendments and sent down. 

Adjourned till to-morrow morning 9 o'clock. 

Fryday, March 8'" 1754. Mett pursuant to Adjournment. 

Pi'esent as before - 
Adjourned till to-morrow morning 9 o'clock. 

Saturday March 9"" 1754. 

Present. 

{James Murray John Swann ~j 

James Hasell Lewis De Rossett > Esq" Members. 
James Innes ) 

Mr. Harnett & Mr. Brice, brought up tiie following resolve from the 
other House, 

In the General Assembly Resolved, That the sum of £1333.6.8 proc- 
lamation money be paid by the Publick Treasurer of the Southern Dis- 
trict, out of the money he shall receive from the Commissioners for 
stamping and emitting the sum of £40,000, unto the Hon"" Mathew 
Rowan Esq" President and Commander in Chief in and over this Province 
as a compensation for his trouble and expenses in attending several 
Assemblies, and other services for the benefit of this Province. 

By Order, W" Herritage C" SAM SWANN Speaker 

Which message was concurred with by this House & sent down. 

The Bill for continuing the severall Acts therein mentioned was read 
the third time. (Adjourned.) 

The Reports of the Committee of Accounts and Committee of Claims 
was laid before this House, and the same being read, were approved, 
sent down and concurred with. 

The Estimate of Wages, expenses and Ferriages of this House during 
the Present Session of Assembly, including an allowance to John Devis 



190 COLONIAL RECORDS. 



Clerk of this House for stationary and service extraordinary amounting 
to seventy six pounds nine shillings and six pence was sent down for 
concurrence. 

Adjourned till 3 in the afternoon, 

Mett pursuant to Adjournment. 

Present ut supra 
Mr. Brandon and Mr. Harris brougiit up the following resolves viz' 

In the General Assembly 9"" March 1754. Resolved, That the 
Publick debts as well as those now allowed, as those allowed by former 
Assemblys already upon the Estimates & Claims, as also the sum 
of £1333.6.8, now voted to His Honour tlie President by both Houses, 
and a sum sufficient to pay the salary and extra charges of the Agent 
appointed to solicit the affairs of this Province at the several Boards in. 
England be paid and satisfyed out of the sum of £4.200 part of the Bills 
to be emitted and applyed for, and towards paying the Publick Debts of 
this Province by an Act passed this Session of Assembly intituled an 
Act for granting unto His Majesty the sum of £40,000 and for stamp- 
ing and emitting of £40,000 and that the remainder of the said sum shall 
be applyed towards payment of the arrears of salary due to His Majesty's 
Chief Justice and Attorney General of this Province. And the sum to 
be paid to the said Chief Justice and Attorney General shall be replaced 
in the Treasury out of the Money to be paid in the Circuit Tax. 

SAM' SWANN Speaker. 

Which resolve was concurred with and sent to His Honour the Presi- 
dent for his Assent, and having received the same was return'd to the 
General Assembly. 

Mr. Harris and Mr. Brandon, brought up the following resolve viz' 

In the General Assembly 9"" March 1754. Resolved, That the Pub- 
lick Treasurers pay by Warrant from the President or Commander in 
Chief to the Commanding Officer (or his order) of the forces to be raised 
in this Province for the present Expedition against the French and 
Indians at Ohio, the money remaining in their hands for the use of the 
several Forts respectively and that the saoie to be replaced in the Treas- 
ury for the use of the said Forts out of the £12,000 to he stamped and 
emitted in virtue of an Act passed this Session (Intituled An Act for 
granting to His Majesty the sum of £40,000) and applyed for raising 
and subsisting the said forces. SAM' SWANN Speaker. 



COLONIAL RECORDS. 191 



Which resolve having received the concurrence of this House was sent 
to his Honour the President for iiis assent and having received the same 
was returned to the General Assembly. 

Mr. Brandon and Mr. Harris brought up an Estimate of the Allow- 
ances due to the Members, Clerk, and other Officers due to the General 
Assembly for this present Session, amounting to £198.16.10 Procla- 
mation money with which this House concurred. 

Mr. Brandon and Mr. Harris brought up the following Message. 

Gentlemen of His Majesty's Hon"' Council. 

The Chairman of the Committee of Publick Accounts having reported 
to this House that he hath received the sum of £337.17.3 proclama- 
tion Bills, and also the Chairman of the Committee of Claims hath 
reported that lie hath received the sum of £7.16.6 old Bills by way of 
Claims, both which sums are to be applyed for sinking the present Cur- 
rency, and by Law ought to be burnt. Therefore this House have 
appointed a Committee of the whole House in conjunction with such of 
your Honours as you shall think fitt to see the same burnt this afternoon. 

SAM' SWANN Speaker. 

In Answer to which the following Message was sent. 

Mr. Speaker and Gentlemen, 

In compliance with your Message acquainting us that you have 
appointed a Committee of your whole House in conjunction with such 
of Ours as wee should think fitt for burning the sum of £337.17'.3'' 
Proclamation money and £7.16.6 old Bills, which by Law ought to 
be burnt, This House has appointed the Hon"' John Swann and Lewis 
De Rosset Esq" a Committee to join your Committee on the Occasion. 

By Order of the Upper House' JOHN DEVIS. C'\ 



North Carolina — ss. 

At a General Assembly begun and held at New-Bern the Twelfth day 
of June in the Year of our Lord One Thousand seven Hundred and 
Forty Seven, and in the Nineteenth Year of the Reign of our Sovereign 
Lord George the Second by the Grace of God of Great Britain, France 
and Ireland King (and so forth) and from thence continued by several 
Prorogations and Adjournments to the third Tuesday in February next 
to be then held at Wilmington — being the thirteenth Session of this 
Present General Assemblv. 



192 COLONIAL RECORDS. 



Tuesday the 19"" Feb. 1754 

Members Present 
Samuel Swann Esq. Speaker 
Mr. John Starkey Mr. Francis Brice 

Mr. John Ashe . Mr. W" Houston 

Mr. Joseph Clark Mr. Josiah Dixson 

Mr. James M^Lewean Mr. Jere Yail 

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

Wednesday the 20"" of February 1754. The House met according to 
Adjournment. 

Mr. William Bartram Mr. Caleb Howell and Mr. Charles Robinson 
appeared and took their seats in the House. 

The writs for Electing Members for Wilmington and for the County 
of Rowan were Returned, Pursuant to which Mr. Cornelius Harnett, 
The Elected Member for Wilmington, Mr. James Carter, and Mr. John 
Brandon, Elected Members for Rowan County, appeared took the Oaths 
by Law appointed for their Qualification Subscribed the Test and took 
their seats in the House accordingly. 

His Honor the President sent a Message to this House requiring the 
Immediate attendance thereof in the Council Chamber. 

The House in a full body waited on His Honor the President in the 
Council Chamber where His Honor was pleased to deliver His Speech 
to This House. 

The House Returned. 

Mr. Speaker laid before This House the said Speecii which is Ordered 
to be Read Read the said Speech. 

Ordered the same be entered on the Journal of this House as follows : 

Gentlemen of His Ma.jesty's Council Me. Speaker and Gen- 
tlemen OF the Assembly 
[For address of the Governor see Journal of the Upper House.] 

The House adjourned till 8 o'clock to-morrow morning. 

Thursday the '2P' Feb. 1754. The House met according to adjourn- 
ment. 

The Writ for Electing a Member for Craven County in the room of 
Francis Stringer late Member for the said County, Deceased being Re- 
turned Pursuant to which Mr. Joseph Bryan The Elected Member for 
the said County, appeared took the Oaths by Law appointed for His 
Qualification Subscribed the Test and took his seat in the House accord- 
ingly- 



COLONIAL RECORDS. 193 



His Honor The President laid before this House Copies of the Earl 
of Holderness Governor Dinwiddie's and the French Commandants Let- 
ters pursuant to His Honors Speech to this House yesterday. 

Ordered the said Letters be Read. 

Read the Same. 

Ordered, That Mr. Starkey, Mr. Vail and Mr. Ashe prepare and lay 
before this House an Address in answer to His Honors Speech. 

Resolved, That this Proviuce raise such a Number of Forces as the 
present Circumstances thereof will admitt to assist the Neighboring 
Colony of Virginia, in repelling the French who have Invaded the said 
Colony at Ohio, and 

Resolved, That a Committee be appointed to consider of ways and 
means to raise and subsist such Forces. And Mr. Starkey, Mr. Vail 
Mr. Ashe Mr. Harnett and Mr. M°Leweau are accordingly ap])ointed. 

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

Friday the 22"'' of February 1754. The House met according to 
adjournment. 

Mr. Starkey from the Committee appointed to Prepare an address in 
answer to His Honor the President his Speech, Reported that the Com- 
mittee had prepared the same, which he read in his place. 

Ordered, The same be Engrossed. 

Mr. Harris one of the Members for Granville County appeared and 
took his seat in the House. 

Mr. Starkey moved a Committee be appointed to prepare and bring in 
a Bill for granting to his Majesty the sum of forty Thousand pounds 
and for stamping and Emitting the said Sum of Forty Thousand pounds 
(and so forth) And the following persons were accordingly Appointed 
(viz:) Mr. John Starkey, Mr. John Ashe Mr. .Jeremiah Vail, Mr. Corn : 
Harnett and Mr. James Macklcwean. 

Mr. Caleb Howell moved for leave to bring in a Bill to Erect a Town 
in Anson County. Ordered he have leave and that he prepare and bring 
in the same. 

The House adjourned till .3 o'clock Afternoon. 

P. M. The House met according to adjournment. 

Mr. Clark laid before this House the Petition of Several of the 
Inhabitants of Bladen County, and moved the same be Read. 

Ordered, The said Petition be Read. 

Read the same which sets forth the many and Great Hanlships the 
Inhabitants of the said County Endure by Reason of the great Distance 
many of them live from the Coiu't House of the s'' Conntv. Praving 
Vol. 5—9 



194 COLONIAL RECORDS. 



a Bill may be brought in to Erect part of the said County of Bladen 
into a County. 

Mr. Bartram moved for leave to bring in a Bill agreeable to the Prayer 
of the Petition. 

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

Mr. Brice produced a certificate from the Court of Duplin County 
setting forth that Allan Ramsey is a poor man and recommending to this . 
House that he be discharged from paying Publick Levies. 

Ordered he be Exempt accordingly. 

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

Saturday the 2.3"' of February 1754. The House met according to 
adjournment. 

Ordered the Engrossed Address of this House be read. Read the 
same. 

Resolved the same be presented to his Honor the President. 

Ordered that Mr. Ashe and Mr. Harnett wait on his Honor the Presi- 
dent and acquaint him this House is ready to present the Address thereof 
to him and desire to know when His Honor will be pleased to receive 
the same. 

Mr. Ashe and Mr. Harnett returned and acquainted this House that 
His Honor would receive the s'' Address in half an hour. His Honor 
the President sent a message to this House Commanding the Immediate 
attendance thereof in the Council Chamber. 

The House in a full Body waited on his Honor the President in the 
Council Chamber where Mr. Speaker Presented him with the following 
address, (Viz) 

To the Honorable Mathew Rowan Esq, President and Commander in 

Chief in and over His Majesty's province of North Carolina. 
The Humble Address of the General Assembly of the s"" Province 
May it please Your Honor, 
The late behaviour of tiie French in our Neighbouring Colony of 
Virginia which your Honor in your Speech at the opening of this Ses- 
sion and the Papers laid before us inform us of must fii'e the Breast of 
every true Lover of his Country with the warmest Resentments, That 
this restless nation now in the time of a General Peace in Europe should 
dare to seize the Persons and Effects of his Majestys Subjects, And in 
an Hostile Manner Invade the Lands for many years past in actual Pos- 
session of British Subjects in Virginia, and there Erect a strong fort and 
place a Garrison not only to secure what they have so unjustly possessed 



COLONIAL RECORDS. 195 



themselves ot" but Perliaps in order to make further Eneroaelimeiits on 
the unilonbted rights of" Britain certainly Calls for a speedy Remeily, 
and as we know not how soon our own frontier may be disturbed by this 
Formidable Neighbour or Jhe Indians under their directions in whi<;h 
ease we might reasonably expect the Friendly assistance of our Neigh- 
bouring Provinces. 

We are therefore resolved according to His Honor the Governor of 
Virginia his Request and his Majestys Commands to furnish as many 
forces as we can conveniently spare towards this so necessary an Expedi- 
tion, and as the Enlisting a number of A^olunteers and Subsisting them 
while in this Province must necessarjly cause a great Expence which we 
at present have no fund to defray we shall therefore consider of such 
ways and means Immediately to supply the Treasury as the Circum- 
stances of our Constituants will admitt and wherewith we doubt not of 
meeting your Honors ready Concurrence. 

We assure your Honor that tho' there are many other matters that 
merit our Serious attention, would the near approach of the General 
Court at New Bern where many of us must necessarily attend allow 
time, Yet we shall in our Deliberation on this Pressing occasion prefer 
this Important affair you have recoinended to us The speedy doing of 
which will be a fresh Instance of our Duty to his Majesty and Zeal for 
his Service as well as the care we have to preserve the peace happiness and 
safety of all his Majesty's subjects on the Continent, Especially our Con- 
stituents the free people of this Province 

SAMUEL SWANN, Speaker. 

Feb 23'" 1754. 

The House adjourned till Monday morning 10 o'clock. 

Monday the 26"' of February 1754. The House met according to 
adjournment. 

Mr. Starkey moved that a Committee be appointed to examine State 
and Settle the Publick Accounts of this Province and the following Per- 
sons were accordingly appointed (Viz:) Mr. Jer: Vail Mr. John Ashe 
& Mr. Cor : Harnett. 

Mr. Starkey also moved that a Committee be appointed to settle and 
allow Public Claims and the following persons were accordingly ap- 
pointed, (Viz:) Mr. Starkey, Mr. Briee, Mr. Howell, Mr. Clark and 
Mr. Houston. 

Ordered a Message be sent to the Council 

Sent the following message to the Council (Viz:) 



196 COLONIAL RECORDS. 



Gentlemen of His Majesty's Honorable Council 

This House have appointed tlie following Members, Committees of 

Accounts and Claims, (Viz :) 

Mr. Vail, Mr. Ashe, and Mr. Harnett on the Publick Accounts. 
And Mr. Starkey, Mr. Brice, Mr. Howell, Mr. Clark and Mr. Houston 

on the Publick Claims, in conjunction with such of your Members 

as your Honors shall tliink fitt to appoint. 

SAMUEL SWANN, Speaker. 

Sent the above Message by Mr. Harnett & Mr. Ashe. 
Tiie House adjonrned till 10 o'clock to-morrow Morning. 

Tuesday the 26"" of February 1754. The House met according to 
adjournment. 

Mr. Starkey from the Committee appointed to bring in a Bill foi' 
Granting to His Majesty the Sum of Forty Thousand pounds and for 
Stamping and Emitting the said Sum of Forty Thousand pounds (and 
so forth) Reported that the Committee had prepared the said Bill which 
he laid before the House. 

Ordered the same be Read. 

Read the same. 

Ordered the same pass and be sent to the Council. 

Mr. Starkey moved for leave to bring in a Bill foi- continuing tiie 
several acts of Assembly therein mentioned. 

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

Mr. Starkey brought in the above s"* Bill which he read in his place. 

Ordered the same pass and be sent to tiie Council. 

Sent tiie above Bills to the Council by Mr. Dixson and Mr. Brandon. 

Mr. Carter moved for leave to bring in a Bilk to alter the times of 
holding tiie Courts of (Grange, Rowan and Bladen Counties. 

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

Mr. Carter brought in tiie alwve s"" Bill whicii he Read in liis place. 

Ordered the same puss and lie sent to tlie Council. 

Mr. Howell moved for leave to bring in a Bill for appointing and 
laying out a Town on tiie Land of John Jenkins on the South side of 
Pee Dee River in Anson ("onnty and for otliei- i)urposes therein men- 
tioned. 

Orilered lie have leave and that he pre]nire and bring in the same. 

Mr. Howell brought in the said Bill which he Read in his ])lace. 

Ordered the same pass and be sent to the Council. 



COLONIAL RECORDS. 197 



Mr. Dixsoii moved for leave to bring in a Bill to appoint a proper 
and Convenient place for holding the County Court of Orange and to 
Impower the Commissioners hereafter named to build a Court House 
prison aud stocks in the said County. 

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

Mr. Dixson brought in the said Bill which he Read in his jilaee. 

Ordered the same pass and be sent to the Council. 

Sent the above three Bills to the Council by Mr. Dixsoii and Mr. 
Carter. 

Received from tlie Council the following Message (viz:) 

Mr. Speaker and Gentlemen, 

This House having taken under their consideration the message of 
this day relative to the appointment of Committees of Publick accounts 
and claims have thougiit fit to appoint the following Gentlemen to jovn 
those of your House (to wit) 

The Honorable James Hasell and Lewis De Rossett Esq" on tiie Pub- 
lick accounts, and the Honorable James Innes and John Swann P>q" 
on the Claims. 

Received from the Council the following Bills (viz:) 

The Bill for Granting to his Majesty the Sum of Forty Thousand 
pounds and for stamping and Emitting the said sum (and so forth) 

And the Bill to continue the Several Acts therein mentioned. En- 
dorsed February 26"" 1754 In the Upper House read the first time and 
passed. 

The House adjourned till to-niorri)w 9 o'clock. 

Wednesday the 27"' of February 1754 The House met according to 
adjournment. 

Ordered the Bill for Granting to His Majesty the sum of Forty 
Thousand pounds and for stamping and Emitting the s* sum (and so 
forth) be Read. 

Read the said Bill 

Mr. Starkey moved that the House resolve into a Committee of the 
whole House to Debate on the Subject matter of the said Bill aud was 
seconded. 

The House Resolved into a Committee of the Whole House and 
appointed Mr. James M'Lewean Chairnaan who Ordered that the said 
Bill be read in the said Committee. 

Read the said Bill in the s'' Committee after some time spent, The 
Committee proposed several amendments to the said Bill. 



198 COLONIAL RECORDS. 



Then Mr. Ashe one of the Committee moved that Mr. Speaker resume 
the Chair and tiiat Mr. Chairman re]iort to the House the several amend- 
ments proposed by the Committee. 

Mr. Speaker resumed the chair. 

Mr. Chairman Reported that the Committee had proposed several 
amendments to the said Bill, which he produced to which the House 
agreed and Ordered the said Amendments to be Incerted in the said 
Bill — wiiich are accordingly done. 

The House adjourned till to-morrow 8 o'clock. 

Thursday the 28"" day of February 1754. Tiie House met according 
to adjournment. 

Received from the Council the Bill for appointing and laying out a 
Town in Anson County. 

The Bill to alter tiie time of holding the Courts of Orange, Rowan and 
Bladen C-onnties. 

And the Bill to appoint and lay out a place for holding the County 
Court of Orange. Endorsed Feb : 27"' 1754. In the Upper House read 
the first time. Passed with amendments. 

Mr. M°Lewean moved that the Bill for granting to His Majesty the 
sum of Forty Thousand pounds, and for Stamping and Emitting the 
said sum (and so forth) be read the second time with the amendments, 
proposed by the Committee incerted by the House. 

Read the said Bill with the amendments the second time and passed. 

Ordered the same be sent to the Council. 

Ordered the Bill for continuing the several Acts therein mentioned 
he Read the second time. Read the said Bill the second time and 
amended the same. 

Ordered the same passed with amendments, and be sent to the Council. 

Sent the above two Bills to the Ct)uncil by Mr. M°Leweaii and Mr. 
Harris. 

Mr. Brice moved for leave to bring in a Bill to amend an Act Enti- 
tuled an Act to appoint a place for holding the County Court of Duplin 
and to Impower the Commissioners therein named to build a Court 
House prison and Stocks in the said Coiuity and for enlarging the bounds 
thereof. 

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

Mr. Brice brought in the aboves* Bill which he read in his place. 

Ordered the same passed and be sent to the Council. 

Sent the same to the Council by Mr. Bryan and Mr. Howell. 

Mr. Harnett moved the following Bills be Read a second time (to wit) 



COLONIAL RECORDS. 199 



Tlie Bill to appoint a couveuient place for holding the County Court 
of Orange, (and so forth) 

The Bill to alter the time of holding the Courts of Orange, Rowan 
and Bladen Counties (and so forth) 

The Bill for appointing and laying out a Town in Anson County &c. 

Ordered the said Bills be read a second time. 

Read the said Bills a second time and passed with amendments. 

Ordered the said Bills be sent to the Council. 

Sent the said Bills to the Council by Mr. Bryan and Mr. Howell. 

Received from the Council the Bill for continuing the several Acts 
therein mentioned. Endorsed Feb: 28"' 1754. In the Upper House, 
read the second time and passed with amendments. 

Mr. Harris moved for leave to bring in a Bill for Erecting the Upper 
part of Johnston County and the lower part of Orange County into a 
County and parish by the Name of County and Parish &c. 

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

Mr. Harris brought in the aboves'' Bill which he read in liis place. 

Mr. Bartram brought in a Bill to Divide Bladen County into a County 
and Parish by the name of Cumberland County, and Saint David's Par- 
ish &c. Which he read in his place. 

Mr. Vail moved for leave to bring in a Bill to Impower the Justices 
of Craven County to sell the lott whereon the Court House now stands 
in New Bern. 

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

Mr. Vail brought in the aboves* Bill which he read in his place. 

Mr. Harnett moved for leave to bring in a Bill for the further and 
better regulation of the Town of Wilmington and for Repealing the sev- 
eral Acts therein mentioned. 

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

Mr. Ashe moved for leave to bring in a Bill to appoint and lay ont a 
Town on the Plantation of Henry Skibbow on the East side of the 
North East Branch of Cape Fear River at a place called the Sand Hill 
and to appoint an Inspector in the said Town and other purposes therein 
mentioned. 

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

Mr. Ashe brought in the said Bill which he read in his place. 

Mr. Ashe moved for leave to bring in a Bill for appointing Commis- 
sioners of the Roads for the South West District of New Hanover 
County. 

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

Mr. Ashe brought in the aboves** Bill which he read in his place. 



200 COLONIAL RECORDS. 



Mr. Ashe moved for leave to bring in a Bill for granting unto the 
Town of Brunswick, the Priviledge of Choosing and sending a repre- 
sentative to sit and vote in the General Assembly. 

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

Mr. Ashe brought in tlie aboves** Bill which he read in his place. 

Ordered the above Seven Bills pass and be sent to the Council. 

Sent the above Seven Bills to the Council by Mr. Bryan and Mr. 
Howell. 

The House adjourned till 3 o'clock afternoon 

P. M. The House met according to adjournment. 

Mr. Ashe moved for leave to bring in a Bill for an Additional Act to 
an Act Intituled an Act for Impowering the several Commissioners 
herein after named to make, mend and repair all Roads, Bridges cuts 
and water courses allready made &c. 

Ordered he hav; leave and that he prepare and bring in the same. 

Mr. Ashe brought in the aboves* Bill which he read in his place. 

Mr. Harnett moved for leave to bring in a liill for appointing the 
several Ferrys therein mentioned and for obliging the Commissioners of 
the several Districts to make roads to the same 

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

Mr. Harnett brought in the said Bill which he read in his place. 

Ordered the above two Bills pass and be sent to the Council. 

Sent the above two Bills to the Council by Mr. Ashe and Mr. Harnett. 

Mr. Carter moved that the Petition (sent to this House from the 
Council) from the Inhabitants of the North side of the Yadkin River in 
Rowan County Praying the Removal of the Court House of the 
County may be Read. 

Ordered the same be read. 

Read the same. 

Mr. Houston moved for leave to bring in a Bill pursuant to the prayer 
of the said Petition. 

Mr. Carter objected thereto. 

Mr. Houston moved that the Petitioners be heard by their Council to- 
morrow morning. 

Resolved That the Petitioners be heard by their Council to-morrow 
morning at the Barr of this House. 

Received from the Council the Bill for the further and better regula- 
tion of the Town of Wilmington and for Repealing the several acts 
therein mentioned. 

Endorsed February the 28"" 1754. In the Upper House read the first 
time and passed with amendments. 



COLONIAL RECORDS. 201 



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

Friday the 1" of March 1754. The House met according to adjourn- 
ment. 

Received from the Council the following Bills (viz:) 

The Bill to amend an Act Intituled an Act to appoint a convenient 
place for holding the County Court of Duplin. 

The Bill to Impower the Justices of Craven County to sell the Lott 
whereon the Court House now stands in New Bern &c. 

The Bill to regulate the freight on Cape Fear River. 

The Bill for appointing Commissioners of the Roads for the South 
West District of New Hanover County. 

The Bill to Divide Bladen County into a County and Parisli etc. 

The Bill for Granting unto the Town of Brunswick the Priviledge of 
choosing and sending a Representative to sit and vote in the General 
Assembly. 

And the Bill for appointing the several persons therein mentioned &c 
Endorsed Feb: 28"" 1754 In the Upper House read the first time and 
passed 

The Bill to alter the time of holding the Courts of Orange, Rowan 
and Bladen Counties. Endorsed Feb 28"" 1754 In the Upper House 
read the second time and passed with amendments. 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of the North East Branch of Cape Fear River 
&c. 

And the Bill for an additional Act to an Act for Iiupowering the 
Several Commissioners herein after named to make, mend and repair all 
Roads, Bridges &c. 

Endorsed Feb: 28* 1754 In tlie Upper House read the first time 
and passed with amendments. 

Mr. Houston moved that the petitioners petitioning to have the Court 
House of the County of Rowan removed, have notice agreeable to the 
resolve of yesterday that this House is ready to hear them by their 
Council. 

The Petitioners by their Council George Nicholas Esq. appeared and 
after having spoken in support of the said Petition withdrew. 

After Several Arguments pro or Con the s* Petition 

Mr. Starkey moved that the Consideration of the Petition be post- 
poned untill the next Session of Assembly and that in the mean time 
the money allready collected. Except so much thereof as hath been all- 
ready expended be and remain in tiie hands of the Commissionei's 



202 COLONIAL RECORDS. 



appointed by the Justices to receive the same untill they shall have the 
further order of this House directing the application thereof. 

Resolved, That the money collected by the Inhabitants of Rowan 
County for building a Court House prison and Stocks in the said 
County be and remain in the hands of the Commissioners appointed by 
the Justices of the said County to receive the same except so much 
thereof as hath been already expended ab' the said Court House prison 
and Stocks untill they shall have the further order of the General As- 
sembly directing the application thereof. 

Ordered, That a message be sent to the Council regarding the removal 
of the Court House in Rowan County, together with the petition of the 
Inhabitants of the North side the Yadkin River in Rowan County, and 
the resolve of this House thereon. 

Sent the said Message, Petition, and Resolve to the Council by Mr. 
Dixon and Mr. Bartram. 

Mr. Starkey moved that this House resolve that his Honor the Presi- 
dent be paid the sum of One Thousand, Three Hundred and Thirty 
Three pounds. Six Shillings and Eight Pence Proclamation money for 
his Trouble and expences in attending the Several Assemblys and 
Charges of Expresses since his being President and Commander in 
Chief in and over this Province — which was put to the vote and car- 
ried in the affirmative. 

Ordered The Bill for Continuing the several Acts therein mentioned, 
be read the third time. 

Read the said Bill the third time and pass with amendments. 

Ordered the same be sent to the Council. 

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

Ordered, That the Bill for the further and better Regulation of the 
Town of Wilmington, and for repealing the several Acts therein men- 
tioned &c, be read the second time. 

Read the said Bill a second time 

Mr. Starkey moved that the House Resolve into a Committee of the 
Whole House to debate on the several matters in the said Bill contained. 

Resolved, That the House resolve into a Committee of tlie W^hole 
House for the Purposes aforesaid. 

The House resolved into a Committee of the Whole House and Mr. 
Macklewean being sick, Mr. Starkey is appointed Chairman. 

After some time spent therein several amendments to the said Bill 
were proposed by the Committee. Then Mr. Harnett moved that Mr. 
Speaker resume the Chair. 

Mr. Speaker Resumed the Chair. 



COLONIAL RECORDS. 203 



Mr. Chairman Reported that the Committee had proceeded on the said 
Bill, and proposed several amendments thereto, which he layed before 
the House, and to whicii the House agreed, And ordered that the said 
amendments be Incerted and tiiat the said Bill pass with such amend- 
ments, and be sent to the Council. 

Incerted the said amendments, and sent the said Bill to the Council 
by Mr. Harnett and Mr. Carter. 

The House adjourned till 3 o'clock afternoon 

P. M. The House met according to adjournment. 

Mr. Ashe moved that the following Bills be read a second time. 

Read the following Bills a second time (viz :) 

The Bill to amend an Act Intituled an Act to appoint a Convenient 
place for holding the County Court of Duplin, and amended the same. 

Tiie Bill to Impower the Justices of Craven County to sell the lott 
whereon the Court House stands in New Bern and amended the same. 

The Bill for appointing Commissioners of the Roads for the South 
West District of New Hanover County, and amended the same. 

The Bill to Divide Bladen County into a County and Parisii by the 
name of Cumberland County and Saint David's Parish and amended 
the same. 

The Bill for granting to the Town of Brunswick the priviledge of 
choosing and sending a Representative to sit and vote in the General 
Assembly and amended the same. 

The Bill for appointing tiie several Ferrys therein mentioned and for 
obliging the Commissioners of the several Districts to make Roads to 
the same, and amended the same. 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of the North East Branch of Cape Fear River 
&c, and amended the same. 

The Bill for an Additional Act to an Act for Ii powering the several 
Commissioners herein after named to make, mend and repair all roads, 
Bridges &c, and amended the same. 

Ordered, The said Eigiit Bills pass with the said amendments. 

The House adjourned till to-morrow 8 o'clock. 

Saturday the 'i"* of March 17o4. The House met according to ad- 
-Journment. 

Received from the Council the Bill for the further and better regula- 
ting the Town of Wilmington (and so forth) Endorsed March the 1" 
1754 In the Upper House read the second time and passed with amend- 
ments. 



204 COLONIAL RECOEDS. 



And the Bill for Granting to His Majesty the sum of Forty Thousand 
Pounds, and for Stamping and Emitting the said Sum &c Endorsed 
March 1" 1754 In the Upper House, read the second time and passed 
with amendments. 

Ordered the Bill to alter the time of holding the Courts of Orange, 
Rowan and Bladen Counties be read a second time 

Read the said Bill a second time and passed with amendments. 

Ordered the same be sent to the Council. 

Sent the above Bill to the Council by Mr. Bartram and Mr. Dixon. 

Mr. Houston produced a certificate from the County Court of Duplin 
thereby certifying that John George Burlee is a poor sickly and decriped 
man and therefore recommended by the said Court to be exempt from 
paying Levies and Taxes. 

Ordered he be exempt accordingly. 

Received from the Council the following Bills (viz:) 

The Bill to Impower the Justices of Craven County to sell the lott 
whereon the Court House stands in New Bern. 

The Bill for an additional Act to an Act Intituled an Act for Impow- 
ering the Several Commissioners herein after named to make, mend and 
repair all Roads, Bridges &c. 

The Bill to appoint a Convenient place for holding the County Court 
of Orange etc. 

Endorsed March the 2'"' 1754 In the Upper House read the second 
time and passed. 

The Bill for appointing the several Ferrys therein mentioned and for 
obliging the Commissioners of the Several Districts to make Roads to 
the same. 

The Bill for Granting to the Town of Brunswick priviledge of choos- 
ing and sending a Representative &c. 

The Bill for appointing Commissioners of the Roads for the South 
West District of New Hanover County. 

The Bill to amend an Act IntitiJed an Act to appoint a Convenient 
place for holding the County Court of Duplin &c. 

The Bill to Divide Bladen County into a County and Parish l>y the 
name of Cumberland County &c. 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow, on the East side of the North East Branch of Cape Fear 
River &e. 

Endorsed March the 2°* 1754 In the Upper House, Read the second 
time and passed. 

The House adjourned till Monday morning 10 o'clock. 



COLONIAL RECORDS. 205 



Monday the 4"' of March 1754 The House met according to adjourn- 
ment. 

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

Tuesday the 5"" of March 1754. The House met according to 
adjournment. 

Received from the Council the Bill for appointing and laying out a 
Town in Anson County. Endorsed 4"" March 1754. In the Upper 
House Read the second time and passed. 

And the Bill to alter the time of Holding the Courts of Orange 
Rowan and Bladen Counties &c. Endorsed 4* March 1754. In the 
Upper House Read the third time and passed. 

Ordered to be Engrossed. 

Ordered the following Bills be read, (to wit) 

The Bill for Granting unto His Majesty the sum of Forty Thousand 
Pounds and for Stamping and Emitting the said sum &c. and amended 
the same. 

Ordered the same pass and be sent to the Council. 

Sent the above Bill to the Council by Mr. Harnett and Mr. Brice. 

The Bill to Impower the Justices of Craven County to sell the lott 
whereon the Court House now stands in New Bern and amended the same. 

The Bill for the further and better Regulating the Town of Wilming- 
ton and for Repealing the Several Acts therein mentioned and amended 
tlie same 

The Bill to amend an Act Intituled an Act to appoint a place for 
holding the County Court of Duplin &c. 

The Bill for appointing Commissioners of the Roads for the South 
West District of New Hanover County and amended the same. 

The Bill to appoint and lay out a Town on the Plantation of Henry 
Skibbow on the East side of the North East Branch of Cape Fear River 
&c. and amended the same. 

The Bill for appointing the several ferrys therein mentioned and for 
obliging the Commissioners of the several Districts to make Roads to 
the same. 

Read the above Bills a third time. 

Ordered they pass as amended and be sent to the Council. 

Sent the above six Bills to the Council by Mr. Harris and Mr. Bran- 
don. 

The House adjourned till ."5 o'clock afternoon. 

P. M. The House met according to adjournment. 
Ordered the fiillowini>' Bills be read a third time. 



206 - COLONIAL KECORDS. 



Read the following Bills a third time (viz:) 

The Bill to appoint a convenient place for holding the County Court 
of Orange &c. 

The Bill for Granting unto the Town of Brunswick the priviledge of 
choosing and sending a Representative to sit and vote in the General 
Assembly. 

The Bill for appointing and laying out a Town in Anson County &c. 

The Bill to Divide Bladen County into a County and Parish by the 
name of Cumberland County &c. 

Ordered the said Bills pass and be sent to the Council. 

Sent the above four Bills to the Council by Mr. Dixon and Mr. 
Carter. 

Received from the Council the Bill to Impower the Justices of Cra- 
ven County to sell the Lott wiiereon the Court House now stands in 
New Bern. Endorsed March the o* 1754 In the Upper House read the 
third time and passed. 

Ordered to be Engrossed. 

The House adjourned till 8 o'clock to-morrow morning. 

Wednesday the 6* of March 1754. The House met according to 
adjournment. 

Received from the Council the following Bills, (viz:) 

The Bill for granting unto the Town of Brunswick the priviledge of 
choosing and sending a Representative to sit and vote in the General 
Assembly &c. 

The Bill to appoint a Convenient place for iiolding the County Court 
of Orange. 

The Bill for appointing Commissioners of the Roads tor the South 
west District of New Hanover County. 

The Bill for laying out a Town in Anson County &o. 

The Bill to Divide Bladen County into a County and parish by the 
name of Cumberland County (and so forth.) 

The Bill for the further and better regulating the Town of Wilming- 
ton &c. 

The Bill to amend an Act Intituled an Act to appoint a place for 
holding the County Court of Duplin &c. 

The Bill for appointing the Several Ferrys therein mentioned, and 
for obliging the Commissioners of the Several Districts to make roads to 
the same. 

The Bill to appoint and lay out a town on the Plantation of Henry 
Skibbow on the East side of North East Branch of Cape Fear River. 



COLONIAL RECORDS. 207 



And, The Bill for an additional Act to an Act Intituled an Act for 
Inipovvering the several Commissioners hereafter named to make, mend 
and repair Roads, Bridges Cuts &e. Endorsed March the o"" 1754 In 
the Upper House read the third time and passed. 

Ordered to be Engrossed. 

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

Thursday, the 7* of March 1754. The House met according to 
adjournment. 

Received from the Council the following message (viz:) 

Marcli 7"' 1754. 
Mr. Speaker and Gentlemen, 

On reading a third time the Bill for Granting unto His Majesty tiie 
sum of Forty Thousand Pounds &c. We find it necessary to propose 
several amendments whicJi we apprehend will be easiest considered in a 
Committee of both Houses, that such amendments as shall be agreed to 
by the Committee and afterwards consented to and approved by both 
Houses may be Incerted in the Bill, we propose the meeting to be in the 
Great room at Mr. Toomers if you concurr. 

Sent the above message to the Council by Mr. Dixon and Mr. Har- 
nett. Endorsed, Concurred with 

By Order SAM'L SWANN, Speaker 

W" Herritage C"'. 

Mr. Starkey Chairman of the Committee of Claims, reported that the 
said Committee had settled and allowed Sundry claims which are ordered 
to be read. 

Read the same and after several amendments, made therein by the 
House, Ordered the same be sent to the Council for Concurrence. 

Sent the same to the Council for Concurrence by Mr. Houston and 
Mr. Bartram. 

The House adjourned till 5 o'clock in the afternoon. 

P. M. The House met according to adjournment 
The House adjourned till to-morrow 9 o'clock. 

Friday the 8* of March 1754. The House met according to adjourn- 
ment. 

Received from the Council the Bill to encourage men to enlist for the 
assistance of Virginia against the French and Indians who have Invadetl 
their Western Settlements. 



208 COLONIAL RECORDS. 



Mr. Jeremiah Vail Chairman of the Committee of Publick accouut.s, 
reported that the said Committee had examined stated and settled the 
Publick accounts of this province which are ordered to be read. 

Read the same. 

Ordered the same be sent to the Council for Concurrence. 

Sent the same to the Council by Mr. Clark and Mr. Carter. 

The House adjourned till to-morrow morning 8 o'clock. 

Saturday the Q**" of March 1764. The House met according to ad- 
journment. 

Received from the Council the Bill for Continuing the several acts 
therein mentioned. Endorsed, In the Upper House, read the third time 
and passed. 

Ordered to be Engrossed. 

His Honor the President sent a message to this House desiring the 
attendance thereof in the Council Chaml)er with what Bills are En- 
grossed. 

The House in a full body waited on His Honor tlie President When 
Mr. S])eaker Presenting the following Bills (to wit) 

The Bill for Granting unto his Majesty the Sum of Forty Thousand 
Pounds and for stamping and Emitting the same &c 

The Bill for Continuing the several accounts therein mentioned. 

The Bill for the further and better regulating the Town of Wilming- 
ton and for repealing the several Acts therein mentioned. 

The Bill to appoint and lay out a Town on the plantation of Henry 
Skibbow on the East side of the North East branch of Cape Fear 
River &c 

The Bill for an additional Act to an Act Intituled an Act for Impow- 
ering the Several Commissioners herein after named, to make, mend and 
repair all roads Bridges Cuts and Water Courses. 

The Bill for appointing Commissioners of the Roads for the South 
West District of New Hanover County. 

The Bill for Granting unto the Town of Brunswick the Priviledge of 
choosing and sending a Representative to sit and vote in the General 
Assembly. 

, The Bill to Impower the Ju-stices of Craven County to sell the Lott 
whereon the Court House stands in New Bern. 

The Bill to Divide Bladen County into a County and Parish by the 
name of Cumberland County and St David's Parish. 

The Bill to amend an Act Intituled an Act to appoint a cmivenient 
place for Holding the County Court of Duplin &c. 



COLONIAL RECORDS. 209 



The Bill to appoint a convenient place for Holding the County Court 
of Orange 

The Bill for appointing and laying out a Town in Anson County. 

The Bill to alter the time of holding the Courts of Orange, Rowan 
and Bladen Counties. 

To which said thirteen Bills His Honor was pleased to assent. 

Resolved the following messages be sent to His Honor the President 
(viz:) 

May it please your Honor 

The Bill to Divide Bladen County into a County by the name of 
Cumberland County — and 

The Bill for Granting unto the Town of Brunswick tiie Priviledge of 
choosing and sending a representative to sit and vote in the General As- 
sembly iiaving tiiis day passed into an Act, 

This House therefore desires your Honor will be pleased to Direct the 
Clerk of the Crown to Issue Writs to elect representatives for the said 
County and Town duly qualified to sit and vote in this present General 
Assembly By order." SAM'L SWANN, Speaker 

W" Herritage, C"'. 

March 9'" 1754. 

Pursuant to the motion of Mr. Starkey of the first Instant the House 
resolved 

That the sum of One Thousand Three Hundred and Thirty Three 
Pounds Six Shillings and Eight Pence Proclamation money be paid by 
the Treasui'er of the Southern District out of the money he shall receive 
from the Commissioners for Stamping and Emitting the sum of Forty 
Thousand Pounds to the Honorable Mathew Rowan Esq President and 
Commander in Chief in and over this Province as a Compensation for 
his Trouble and expences in attending several Assemblys and other Ser- 
vices for the Benefit of this Province. 

SAM'L SWANN, Speaker 

By order William Herritage C"' 

Sent the above resolve to His Majesty's Honorable Council for Con- 
currence by Mr. Harnett and Mr. Brice. 

Received the above message from the Council. Endorsed March 9"" 
1754. In the Upper House Concurred with. 

Jas. Murray President sent to the Council the Estimate of the allow- 
ances due and payable to the Members of this House Clerk and officers 
thereof this present Session for Concurrence. 



210 COLONIAL RECORDS. 



Ordered the following message be sent to the Council (to wit :) 

Gentlemen of His Majesty's Honorable Council 

The Chairman of the Committee of Publick accounts having reported 
to this House that he hath received the sum of Three Hundred and 
Thirty Seven Pounds Seventeen Sh'llings and Three Pence Proclama- 
tion Bills — and also the Chairman of the Committee of Publick Claims, 
Reports that he hath received the sum of Seven Pounds, Sixteen Shil- 
lings and six Pence old Bills by way of Claims both which sums are to 
be applyed for sinking the Present Currency and by Law ought to be 
Burnt. 

Therefore this House have appointed a Committee of the whole House 
in conjunction with such of your Honours as you shall think fitt to see 
the same Burnt this afternoon. By order 

W" Herritage C" SAM'L SWANN, Speaker 

9'" March 1754. 

Received from the Council the Reports of the Committees of Publick 
Accounts and Claims. Each Endorsed 9'" March 1754. 

The foregoing Reports of the Committees of Accounts and Claims 
was perused approved and concurred with. 

JAS. MURRAY, President. 

Resolved that the Publick Debts as well those now as those allowed 
by former Assemblys allready upon the Estimates and Claims as also the 
Sura of One Thousand Three Hundred Thirty Three Pounds, Six Shil- 
lings and Eight Pence now voted to His Honor the President by both 
Houses and a sum sufficient to pay the Salary and Extra Charges of the 
Agent to Solicit the atfairs of the Province at the several Boards in 
England be paid and satisfied out of the sum of Four Tiiousand and 
Two Hundred Pounds part of the Bills to be Emitted and applyed for 
and towards paying the Publick Debts of this Province by an Act passed 
this Session of Assembly, Intituled an Act for Granting unto His Maj- 
esty the sum of Forty Thousand Pounds and for Stamping and Emit- 
ting the said sum, and that the remainder of the same shall be applyed 
towards payment of the Arrears of Salary due to His Majesty's Chief 
Justice and Attorney General of this Province, and the Sums so to be 
paid to the said Chief Justice and Attorney General shall be replaced in 
the Treasury out of the moneys to be paid in by the Circuit Tax. 

By Order SAM'L SWANN, Speaker 

W" Herritage C"' 
9'" March 1754. 



COLONIAL RECORDS. 211 



Resolved, That the Publiek Treasurers pay by Warrant from His 
Honor the President or Commander in Chief for the time being to the 
Commanding Officer (or his order) of the Forces to be raised in this 
Province for the Present Expedition against the French and Indians at 
Ohio, the money remaining in their hands for the use of the Several 
Forts respectively and that the same be replaced in the Treasury for the 
use of the said Forts out of the twelve Thousand Pounds to be stamped 
and Emitted in Virtue of an Act (passed this session of Assembly) In- 
tituled an Act for Granting unto His Majesty the Sum of Forty Thou- 
sand Pounds &c and applyed for raising and subsisting the said Forces, 

SAM'L SWANN, Speaker 

By Order WiiiLiAM Herritage, C"' 

9'" March 1754 

Sent the above Resolve by Mr. Harris and Mr. Brandon to the 
Council for their Concurrence. 

Received the above Resolves from the Council. Endorsed, Concurred 
with JAS. MURRAY President 

In Pursuance of the message of this day to the Council, regarding 
Burning the Bills, a Committee of both Houses met and burnt the 
same, that is to say the Sum of Three Hundred and Thirty Seven 
Pounds, Seventeen Shillings and Three Pence Proclamation Bills, and 
Seven Pounds Sixteen Shillings and six Peuce old Bills. 

His Honor the President sent a message to this House requiring the 
Immediate attendance thereof in the Council Chamber. 

The House in a full body waited on his Honor the President in the 
Council Chamber, when His Honour w^as pleased to Prorogue this As- 
sembly untill the Second Tuesday in June next to lie then held at New 
Bern 

The House returned and Mr. Speaker Pronounced the Prorogation 
accordingly. 

Test. " W" HERRITAGE, Clk. General Assembly. 

North Carolina — ss. 

An Estimate of the allowances due and payable to the several Mem- 
bers of the General Assembly held at Wilmington in February and 
March, in the Year of our Lord, One Thousand, Seven Hundred and 
Fifty Four (N. S.) and to the Clerk and other Officers of the said As- 
sembly. 



212 COLONIAL EECORDS. 



Samuel Swann Esq. Speaker 


4 


19 


23 





" 4 " 


' 


8 


16 


Mr. John Starkey 


4 


19 


23 





u 2 '• 


■ 


8 


14 


Mr. John Ashe 


2 


19 


21 





" 4 " 


' 


8 


1 


Mr. Joseph Clark 


4 


19 


23 





" 5 " 


■ 4 


8 


17 


Mr. James Maeklewean 


8 


19 


27 





" 3 " 


■ 4 


10 


5 


Mr. Francis Brice 


4 


19 


23 





" 2 " 


■ 


8 


14 


Mr. William Houston 


4 


19 


23 





" 2 " 


■ 


8 


14 


Mr. Josiah Dixon 


14 


19 


33 





« g u 


' 


12 


13 


Mr. Jeremiah Vail 


8 


19 


27 





" 2 " 


' 


10 


4 


Mr. William Bartram 


4 


19 


23 





" 5 " 


■ 4 


8 


17 


Mr. Charles Robinson 


12 


19 


31 





" 6 " 


■ 


11 


18 


Mr. Caleb Howell 


12 


19 


31 





" 6 " 


■ 8 


11 


19 


Mr. Cornelius Harnett 


2 


19 


21 




Nil 




T 


17 


Mr. James Carter 


14 


19 


33 





" 6 " 


' 


12 


13 


Mr. John Brandon 


14 


19 


33 





" 7 " 


■ 4 


12 


14 


Mr. Robert Harris 


12 


17 


31 





" 2 " 


8 


11 


15 


Mr. Joseph Bryan 


8 


17 


25 





" 4 " 


8 


9 


12 


W" Herritage clerk 


8 


19 


27 





" 4 " 





14 


12 


Alex. M'Coy Messenger 


— 


19 


— 




Nil 




5 


16 


Henry Irby, d(jor keeper 




19 






Nil 




5 

£198 


16 
16 



Gentlemen of His Majesty's Honorable Council 

The above is an Estimate of the allowance due and payable to the 

Members of the General Assembly agreed to by the said Assembly and 

Desire your Honours Concurrence thereto. 

By Order SAMUEL SWANN Speaker' 

W" Herritage C"'. 

Received the above Estimate from the Council. Endorsed March 9"" 
1754. In the Upper House Concurred with 

JAS. MURRAY, President. 
Test: W° Herritage Clk. General Assembly. 



North Carolina 

At an Assembly held at Newbern the Twelfth day of December 
iu the year of our Lord seventeen hundred and fifty four and in the 
twenty eighth year of our sovereign Lord George the second by the 
Grace of God of Great Britain, France and Ireland King defender of 
the Faith &c. and continued by Prorogation and adjournment until this 
fourteenth of December 1754. 



COLONIAL RECORDS. 213 



Saturday Dec' 14* 1754 In the Upper House 

Present 

fMatliew Rowan John Swann ^ 

'Ti tr bie Jaiues Murray John Dawson t:^ „ ai u 

TheHon"°- ^ u n t • r. t? 4. r Esq" Members. 

James Hasell Liewis De Koset ! ' 

(^ Francis Corbin J 

Rich'' Spaight produced his Commission from the Gov'' impowering 
him to act as Clerk of the Upper House of Assembly and took the oath 
by law directed for Publick Officers and subscribed the Declaration. 

His Excellency Arthur Dobbs Esq" Cap' General Gov' and Com- 
mander in chief in and over this Province came to this House and sent 
a message to the Lower House and Commanded their immediate attend- 
ance Whereupon the Speaker attended by the Lower House waited on 
his Excellency in the Council Chamber where he was pleased to make 
to both Houses the following speech. 

Gentlemen of his Ma.jesties Council, Mr. Speaker and Gen' 

OF THE Assembly 

His Majesty haveing been Graciously pleased to Honour and Intrust 
me with the Government of this Province, have taken the earliest oppor- 
tunity of meeting with you in full Assembly to Consult you upon what 
may tend to the peace, Happiness Increase and Improvement of this 
Province and to Consider the proper laws to secure the Rights and prop- 
erties and improve the Trade of this Colony ; And to unite the affections 
of all the members of the society that all may concur in promoting your 
wealth and happiness as the first and greatest principal, and founda- 
tion of all social Happy ness is the Knowledge of True Religion and 
the practice of Morality & Virtue to Know Love and Adore the divine 
Being as we ought and to obey the Precepts he has revealed to us so I 
think it my Duty, In the first place to Recommend to you the providing 
a Proper fund, to support a sufficient number of Learned Pious Clergy- 
men to reside in the Province and to accommodate with Houses Glelies 
and Parish Clerks to enable them to instruct the Inhabitants and the 
rising generation in the Principles of true Religion & Virtue in such a 
prudent manner without Tyths, as to Prevent Contests and preserve a 
harmony betwixt the Clergy and the Laity, that their interest may be 
the same and they may have leisure as well as Inclination to Instruct 
their flock in Christian Principles. 

Next to this in Duty to his Majesty who like a Beneficent Father has 
given to this Colony a Permanent property In their Lauds reserving to 
himself a very small acknowledgement of Quit Rents, who has Protected 
it in its Infant state from all foreion Insults and has maintained and 



214 COLONIAL RECORDS. 



supported it in ail its Civil and Religious i-ights and Priviledges by a 
true Christian Liberty of" Conscience and in the Happyest Constitution 
on the Globe; I must earnestly recommend to yon that in return for his 
Majesty's paternal Care you make an effectual law of the speedy and 
easy Collection of the Quit Rents which his Majesty lias been Graciously 
pleased to Apply for the ease of this Colony towards the discharge of a 
Great arrear due to the Officers of this Establishment and towards their 
Annual support who are necessary to support your Peace and to have 
Justice Impartialy distributed in the Province This in Justice to your- 
selves as well as in Gratitude to the best of Princes who is not only the. 
Father of his people but the benefactor of Mankind; I'm Convinced 
you will readily agree to — After these I must recommend to your Con- 
sideration the making effectual Laws to secure your Peace and Prop- 
erties and to obtain your rights ; and to have Justice distributed in the 
easiest and speediest manner without dilatory law proceedings, & also 
Laws to promote Trade, and industries ; in order to support your 
credit at Home, & abroad by making effectual Laws to recover just 
Debts, without Chicanery or Delay and all small Delits in a sum- 
mery way, which will prouKjte Economy and Industry & Prevent indo- 
lence and stealth. Since a paper currency has been found Beneficial 
hitherto for the want of Bullion or Coin I must recommeud to you 
keeping up your paper credit by making your Paper Bills a Permanent 
fund of credit upon Land security by a loan office, and to provide a suf- 
ficient sum to pay off" and cancel the Bills of Credit already Issued — In 
a short time, a plan of which shall be Communicated to you this with a 
General Inspection law and employing Inspectors In all your sea 
Ports, to view and support the credit of y"' Exports, and a proper 
Economy with Industrie, must necessarily occasion a Ballance In your 
favour and consequently a return in Gold or silver and will Deuu)nstrate 
that honesty in trade as well as in all other dealings is the best Policy. 
The extending your trade into the Continent and our Colonies into the 
fine Countries beyond the Mountain, being of the utmost consequence; 
to this and all our Colonies, I must earnestly recommend it to you to 
make a law to lay our Indian traders under proper regulations and to 
promote an Intimacy, and friendship and living in Harmony with our 
Indian Neighbours and Allies that we may be enabled to Civilize and 
make them Industrious and to Incorporate with them by Carrying on an 
equitable trade with them and treating them with Christian Benevolence. 
this at least we owe to them upon Acct of Possessing their Happy Climate 
and Country, & we shall not only Proffit by their trade but make them 
our steady friends and by extending our alliance to distant Nations we 



COLONIAL RECORDS. 215 



may enlarge our trade over the whole Northern Continent and form an 
Impregnable Barrier against our ever active enemies the French who in 
time of profound peace have not only headed their Indian Allies and 
have prevailed with them to make depredations Massacre in cold blood 
and scalp several of the Inhabitants of this and our other Colonies, but 
have entered with an armed force and have erected forts in the Counties 
belonging to his Majesty, as well as of our Indian allies and therefore I'm 
commanded by his Majesty to recommend it to you in the strongest 
manner to provide a supply to assist the Colony of Virginia whose 
country is invaded and his Majesties troops slaughtered for endeav- 
ouring to repell these Invaders. The fire which has caught your 
Neighbours house has lately spread into your own, your religion 
Liberty and property ai'e all at stake if [not] repelled & drove back to 
their Inhospitable Colonies, But as this subject is of the utmost impor- 
tance and it will be tedious to explain the French plan calculated for the 
ruin of Britain and these Colonies at this time; as soon as you fall upon 
business I shall lay it before you in a more ample manner that yon may 
see the Necessity of a speedy aud effectual supply 

Mr. Speaker and Gentlemen of the Assembly, 

I am Instructed & have it in command from his Majesty to look out 
& fix upon a convenient and healthy situation for the seat of Government 
& Courts of Justice which may best answer the whole Province, and to 
lay it before his Majesty for liis approbation when that is fixed, your own 
prudence & wisdom will suggest to you whither you should not have a 
fund provided to erect publick buildings for the residence of the Gov' 
and 'for the Publick Offices & Courts of Justice €ince the Credit & in- 
crease of the trade of the province depends in a great measure upon the 
liealthiness and Inci'ease of the Capital, and having all the publick 
Offices together. 

I am also commanded by his Majesty earnestly to recommend to you 
the raising a suitable fund without Limitation of time to support tlie 
dignity of the Present and all future Governors and to answer the Con- 
tingencies & Emergencies of Goveriunent the payment of the officers & 
clerks of the Council and Assembly for the repairing of Fortifications, 
store Houses & Magazines, when erected which establishment will be 
always nec(»ssary for your security and defence. 

His Majesty having been graciously pleased to give you a 1000 fire- 
locks and Accoutrements for the use of this Province & I have a well 
grounded expectation that proper artillery witli Military stores will be 
granted to the several Forts when erected and an Independent Company, 



216 COLONIAL RECORDS. 



provided that a powder duty be again granted to supply tiie magazines 
HI the Province, it is with great Concern that I observe from the late 
divisions in the Province the proper duties laid on for the support of the 
establishment and for sinking the paper Currency have not been prop- 
erly levey'd, from the disputing the Legality of the Assembly in pass- 
ing and Continuing those duties, by which means the charges of Gov- 
ernment have not been paid and the Publick debt Increased, as this bone 
of Contention is happily laid aside by his Majesty having minutely 
entered into an Examination of the Constitution and Laws of the prov- 
ince by repealing several laws it will be necessary for you to have all the 
present laws revised and where laws have been repealed upon ace' of 
some improper clauses, to reenact them with unexceptionable Clauses 
and to have the whole Laws assertained, which may be best done by 
appointing Commitees to sit upon them during the recess betwixt this 
and the next session, to have them ready to be offered at Next assembly. 

Gentlemen of his Majesties Councie Mr. Speaker and Gen' 

OF the Assembly. 

Since his Majesty has been graciously pleased to Intrust me with the 
Care and Improvement of this Province as it is my duty so it shall be 
my Constant care to promote true Religion & Virtue and the wealth 
Peace and Happyness of the Colony & to Increase and Improve its 
trade. As a Union of Affections and Acting together for tlie general 
good of the Province is not only a prudent and right measure but abso- 
lutely necessary to be pursued to Improve the Colony In wealth & 
Trade it is my determined resolution to encourage and Countenance 
those who shall heartily concurr in so good a purpose which must Im- 
prove the markets support the Credit establish Justice and give strenth 
and weight to the Colony & Induce merchants, Artizaiis, and other Gen- 
tlemen of Learning Merit & probity, to Purchase & reside in the Prov- 
ince. 

Then his Excellency withdrew from this House. 

This Hon"'" House was pleased to take into Consideration his Excel- 
lency's speech and ordered the same to be read which was accordingly 
done. Then the Hon"' Frans: Corbin Jno Swann and Lewis De Roset 
were appointed a Committee to Answer the same 

Then the house adjourned untill 3 o'clock this afternoon. 

Met & adjourned untill 11 o'clock a Monday morning 

Munday December 16"" 1754 Tlie House met according to adjourn- 
ment. 



COLONIAL RECORDS. 217 



Present 

Matliew Rowan Fran' Corbin ^ 

rni TT Hf I Jas Murray Jo° Swann r rs at i 

The Hon"' t u ii t n r> '^^H Members. 

Jas Hasell Jo" Dawson j ' 

l^Jno Rutherford Lewis De RosetJ 

The Gentlemen appointed by tiiis Board to draw up an address to 
His Excellency Arthur Dobbs Esq"^ reported the same which was ordered 
to be read Being apjiroved of was ordered to be engrossed 

Then the House adjourned until 3 o'clock P M. 

Met according to adjournment present as above. 

Then the Hon"" Frans Corbin and Lewis De Roset Esq" were ap- 
pointed to waite on his Excellency to know when he would be pleased to 
receive the address of this house they went accordingly & reported that 
his Escell^ appointed tomorrow at 11 o'clock to receive the same in 
Council and the House adjourned to 10 o'clock tomorrow morning 

Tuesday December 17"' 1754 The House met according to adjourn- 
ment. 

Present. 
C Mathew Rowan Francis Corbin ^ 

T^i tr We J J-'is Murray Jo° Swann ,-, r. 

The Hon"' t tt n" t n r» Esq'- 

Jas Hasell Jo" Dawson ' ' 



I^J"" Rutherford Lewis De Roset 
The House waited on liis Excellency at the Council room and by the 
Hon"' Mathew Rowan Esq" presented him with the following address 
(viz'.) 

May it please your Excellency, 

We his Majesties most dutiful and loyal subjects the Members of his 
Majesty's Council for this Province with pleasure embrace this lirst 
opportunity (of our meeting together) of Congratulating your Excel- 
lency on your safe arrival in this Province. And we beg leave to assure 
you we have a lively sence of his Majesties Paternal care and tenderness 
in iutrusting the Government to a Gentleman whose benevolent Charac- 
ter and experience in publick Affairs gives us the most sanguine hopes 
that under his prudent administration an end may be put to all the divis- 
ions under which this Province has already too long groan'd & that 
peace and Happiness may succeed rancour and party. 

We are next to return your Excellency our sincere and hearty tiiaidvs 
for your speech and to express the great satisfaction it gives us to ob- 
serve you have pointed at those things only which may conduce to the 
happiness, safety and peace of this Government we shall tlierefore in 
duty to his Majesty and our Country readily concurr with the other 
Vol. 5—10 



218 COLONIAL RECORDS. 



House In passing such laws as may be most effectual for the encourage- 
ment of Pious & learned Clergymen to Instruct the Inhabitants in true 
Religion and virtue for the more easy Collecting of his Majesties Quit- 
Rents, that he may be enabled to discharge the great arrear due to the 
officers of this Government for the supporting tlie Credit of our Paper 
Currency & fixing a Permanent fund of Credit that our Character in 
foreign Parts may be establislied. For the. extending our trade into the 
Continent and laying our Indian traders under proper Regulations. 
Fur the Granting such further aid to the Colony of Virginia as a Coun- 
try already exhausted (by a considerable sum before given for that pur- 
pose) can ])ossibiy spare, we shall also readily concur with the other 
House in providing a sufficient fund to erect publick buildings at such 
a place as the seat of Government may be fixed at, and for the other 
purpose Your Excellency Mentions. 

We look upon it as our duty to return his Majesty our sincere thanks 
for having removed the bone of Contention that occasioned our late 
divisions and nothing can give us a more sensible pleasure than the pros- 
pect we have of a Coalition under your Excellencys administration, and 
that Instead of hard & Injurious terms all parties may be so united that 
as they are under one Government so they may all joyn for the general 
good bv the enforcing the many good laws already made and for the 
future heartily Joyn in making such others as the necessity of the Gov- 
ernment may require and as appointing a Committee for a new revisal 
will be the only means whereby the deficiency of the Laws (already 
made) can be found we shall chearfully concurr in appointing such per- 
.sons as may be most capable for that purpose 

It is with the greatest satisfaction that we observe your Excellencys 
Inclination t(t promote true Religion and Virtue the wealth peace and 
happiness of this Province as well as the Increase & Improvement of its 
trade and your wise Resolution for the establishing a Union of Affec- 
tions in the people of this Government by giving of encouragement and 
Countenance to those only who will concur in so good a purpose as for 
our part as we are unanimous in our sentiments, unbiased by the pre- 
judice of Parties & having no other view, or any more at heart than the 
welfare of the Province shall use our utmost endeavours by a steady 
C-onduct to reconcile the affections of the people to one another and by 
that means render vour Excellencys administration Prosperous and 
Happy. 

We think it an Indispensil)le obligation on us to return his Majesty 
our sincere and greatfullest thanks for having been graciously pleased to 
send over to this Province a thousand stand of arms, and we flatter our- 



COLONIAL RECORDS. 219 



selves that thro' your Excell"^' Intercession we may obtain an indcpend- 
ant Company with Artillery and proper stores for our Forts to defend 
us at^ainst the Insults of our Enemies. 

To which his Excclienoy was pleased to return the following Answei' 

I am extremely obliged to you for this address. Your Duty and 
Loyalty, and tiie zeal you express to have, peace and unanimity reestab- 
lished in this Province; I shall faithfully represent to his Majesty. 

The satisfaction you express of your sense of my Inclinations and 
endeavours to promote his Majestys Interest and the good of this Colony 
will add to my zeal, And care to restore peace and harmony, and to 
secure & Improve this Province. 

Mr. Ashe and Mr. Caswell brought up the following Message 

Gen' of his Ma.testy.s Hon"'" Council 

This House have appointed Mr. Tho' Barker Mr. Jo" Harvey Mr. 
Sam' Swann Mr. Rob' Jones and Mr. Joseph Blunt a ("ommittee to 
examine state settle the publick Acct^ of this Province And Mr. Tho, 
Lovick, Mr. John Starkey, Mr. Will" Mackay Mr. Sam' Sinclair and 
Mr. Wyriott Ormond a Committee to examine settle and allow publick 
claims iu Conjunction with such of your Honours as you shall think fit 
to appoint By order JOHN CAMPBELL Speaker 

W"' Heritage Clerke 

The House adjourned until 3 o'clock P. M. Met and adjourned until 
10 ocloek tomorrow morning 

Wednesday Dec^ IS"" 1754 Met pursuant to adjourumeut. 
Present 

{Mathew Rowan Jo" Swann ^ 

Jas Hasell Jo" Dawson V Esq" Members. 

Fran^ Corbiu Lewis De Roset j 

This House proceeded to chnse a Committee to Joyn that of the other 
house on the Publick Accounts and claims & the Hon'"'" Jas Hasell and 
Jo" Rutherford Esq'' appointed on the Acct° and the Hon*"'" Jo" Swann 
& Jo" Dawson Esq'* were appointed on the Claims & a message was sent 
to the other house aquainting tiiem therewith in the following words 
Viz. 

Mr. Speaker (Jen' of the Assembly 

This House taking under their Consideration the Message of yester- 
day Relative to the appointment of the Committees of ]>ubiick accounts 



220 COLONIAL RECORDS. 



and claims, have thoiiglit fit to appoint the following Gentlemen in eon- 
junction with those of yours viz. The Hon"" Jas Hasell & Jo" Rntliei- 
ford Esq" on the PuWiek Aect' and tlie Hon*"'" Jo" Swann and Jo" Daw- 
soft Esq" on the Claims. 

Received from his Excellency a message wliicii was read and is as 
follows. 

Gentlemen of his Ma.jesties Council Mr. Speaker and Gen- 
tlemen OF the Assembly 

Having in mv speech to yon at your meeting, told you that I should 
in a more ample manner lay before you the grand plan of France to 
ruin and distress the British Colonies on this Continent: I take the earli- 
est opportunity of laying their wicked and enslaving scheme before you 
that you may see the Necessity there is of granting a reasonable and im- 
mediate supply and entering into a plan of union with all the British 
Colonies for our mutual future defence 

The French ever active and ambitious under the insatiable and 
rapacious house of Bourbon, whose ministers having destroyed thegalick 
Lilwrties by the establishing an Arbitary Power in the King alone have 
for near two Centuries laid a plan for enslaving Europe by ruining the 
liberties of the Germanick body & protestant interest of Europe Their 
first attempt was to ruin the house of Au.stria by playing the Germanick 
body against the head and raising them,selves upon its ruin; and made 
use of the Germanic protestant powers for that purpose, when at the 
same time they were ruining the protestants In France and depriving 
the French of their Liberties, whilst they were extending their limits, at 
the expence of Germany and the Spanish branch of the House of Aus- 
tria and by tiiat means had forced the House of Spain for the sake of 
Peace to intermarry with the House of Bourbon upon their solemn Re- 
nunciation of the right of Succession to the Spanish Monarchy that fatal 
Match has iieen the cause of the late expensive wars and haS endangered 
the loss of the Liberties of Europe for by the Galick Intrigues tiiey 
have established a younger branch of the House of Bourbon to govern 
the Spanish Monarchy which by its Pretention to and possession of above 
half of America, which they claim as their right only by a Papal Dona- 
tion have aquired a Dominion more extensive and rich than any Elm- 
])ire ever known on the Globe. Thus France from a powerful 1 Enemy 
have made the Spanish Monarchy a Confirmed & Potent ally with some 
hopes I fear too well grounded of its being sooner or latter to the (v.dic 
Monarch v. 



COLONIAL RECORDS. 221 



But the French after two longaud bloody wars having been obstructed 
in their plan of aggrandising themselves In Europe by failing in their 
attempts of ruining the house of Austria by the prudence magnanimity 
and steady conduct of our most gracious King, the Father of his People 
who supported by the Courage Wealth and naval Power of the British 
Empire by Powerfully supporting and assisting his allies hath Defeated 
the Galic future schemes in Europe: The French mad at their disapoint- 
meut finding that the British lii)erties and protestant succession in his 
Illustrious House; and that Britain cant be conquered or reduced but 
by ruining its commerce and with it our Naval power have changed their 
system, and have laid a plan to ruin the British Commerce by Confining 
invading and Conquering all our American Colonies, by first Attempt- 
ing the Colonies on the Continent for by securing the fisheries and naval 
stores of America they would increase their Marine and ruin the Com- 
merce and with it the Naval Power of Britain; and then they would 
divide America with the Spaniards, and the whole would Center in the 
House of Bourbon : for then by the Assistance of France Portugal must 
fall an easy Prey to the Power of Spain and the French would stipulate 
to have the Brazils Africa and India yielded to them as the elder branch 
of the House of Bourbon and then the Power and wealth of Britain 
being reduced all the powers of Europe tho United could not withstand 
the united power and wealth of the house of Bourbon it being Demon- 
strable that those who have the wealth power and Commerce of Amer- 
ica, Africa and the Indies must be Masters of the Liberties of Europe 

The Gallic branch of the House of Bourbon distinguished of late for 
their worse than Punic faith have for at least a Century never ended one 
war but with a view to extend their Power and Dominions in time of 
Peace by force or Intrigues and to prepare for another war and think it 
no Crime to invade or iucroach upon their Neighbours who obstruct 
their schemes in Profound Peace thinking themselves not bound by the 
most solemn treaties, if they prevent their aggrandizing their Empire. 

This has been very Notorious formerly in Europe, but their schemes 
proving abortive there they have of late prosecuted their plan in America, 
have they not Contrary to the most solemn treaties deprived us of the 
greatest and best part of Nova Scotia to the westward of the Bay of 
Fundi erected Forts at Chinecto to Confine us within the Peninsula? 
and made another, and are forming a settlement on the river of St Johns 
to ruin the trade of New England and the Northern Colonies by their 
Privateers In the next war when we shall be Conped up by their ship- 
ping there and at Louisbourg; Have not they by their hellish Mission- 
aries spirited up all their Indian Allies to Massacre and make Depreda- 



222 COLONIAL RECORDS. 



tious not only lu Nova Scotia bat against all our Northern Colonies 
Have they not erected a Fort at Crown Point to distress and Confine 
our Colonies of New England and New York on lands w""" are the 
undoubted right of his Majesty? Have they not erected a Fort at 
Niagara upon the Lands of the six Nations our acknowledged and 
declared Allies by the treaty of Ulrecht have they not laid a claim to 
and erected Forts upon his Majesties lands on the back of Virginia and 
pretended a right to all the lands beyond the Mountains, as far as the 
Mississippe? have they not contrary to the right of Treaties deprived 
us of the Indian trade and seized our traders and all their goods, In 
time of Profound peace: have they not privately sent over and Increased 
their forces from time to time both in Louisiana and Canada and have 
they not sent forces from Louisiana to erect a fort on the entrance of the 
Onabach or river of St Jerome into the Ohio? Are not these enormous 
Invasions and Incroachmeuts in' time of Peace? Are not they gaining 
all the Indian Nations intercepting & depriving us of our Indian allies 
and daily instigating their Allies to scalp, massacre and destroy our set- 
tlers these are all facts too notorious and recent to be denied, and must 
naturally discover to us the whole plan and scheme laid by the French 
to Confine, Conquer, and enslave all our Colonies. 

A scheme grand iu its extent, romantic In appearance and even beyond 
the Power of France to execute altho the Crown has an absolute Power 
over all the Private Purses of his subjects when he has a call for them ; 
provided the Colonies exert their native force Immediately and Repel 
them to their Inhospitable Cold Colony of Canada and Confine them to 
the hot sands of Louisiana the plan they have laid is no less than Im- 
mediately to Confine our Colonies betwixt the Mountains and the East- 
ern Ocean by erecting forts from Canada to Louisiana upon the Ohio, 
and principal Rivers betwixt the two Colonies, fixing strong Garrisons 
in them and so forming a chain of above 2000 miles to prevent our Cor- 
responding or trading with our Indian Allies when that is done; and 
they have by menaces, or by Hellists Jesuitical Missionaries made Prose- 
lytes of them not to the True Christian Religion founded on peace 
Benignity and brotherly love, but to the pomps and outward trappings 
of the Popish Hierachy, and superstition and have Inspired an enthu- 
siastic fury into them against Protestants whom they call heriticks 
making it meritorious in them to massacre and destroy them upon which 
they assure them their future happiness depends then they propose pro- 
ceeding further and to seize and secure all the passes on the mountains 
and head the Indians against all our Colonies and force us to become 
tributary or to submit to the Arbitary Goverm' of France and become 



COLONIAL RECORDS. 223 



their slaves or be massacred by them and their Indians, or be forced out 
of our Religion Lilserties and Properties a fatal Dilemma should tiiey 
execute their scheme. 

This scheme hatched in hell and supported by the Court of Rome so 
iniquitous and unlikely to be brought to perfection could never be adopted 
by the Court of France if they were not prepossed that the British Colo- 
nies were unwilling or Incapable of uniting and exerting their force 
Imagining (for which they have some grounds) that the several Colonies 
ar* like a Rope of sand each guided by selfish partial Views, and that 
each planter is more weded to his own private gain, than to defend the 
Rights of his Cummunity, or of the Neighbouring Colonies, and will 
not part with a share of his wealth to secure the remainder imagining 
that he will be the last that will suifer, or vainly expecting that Britain 
will or can be at the whole expeuce and let them Indolently look on ; so 
that before they can be brought to act. The French will have formed their 
chain and gain their ends They also consider the military genius of the 
French Gentry who are educated with a view to pomp and Power and 
their whole thoughts are turned to support the Glory of the Grand 
Monarque and therefore are never easy in time of Peace but always 
forming projects of aggrandizing France by the naxt war so that this 
Vilainous opinion they have of the hritish planters in the Colonies and 
the enthusiastic spirit of their Military Genius induce the French Min- 
istry to undertake schemes beyond their Power to execute If then we 
give the French time to execute the scheme they have begun the Liber- 
ties, Properties, and Protestant Religion in these Colonies would be una- 
voidably Less. 

How miserable must be the condition then of all our Colonies and the 
Indians from being our faithful Allies obliged to become our Inveterate 
Enemies drove by them from the Mountains toward the sea Coast at- 
tacked by flying French squadrons and privateers. In this situation we 
must submit to be slaves to France become their hewers of wood and 
Drawers of Water supporting them with most enormous taxes 

God Almighty, who by his Providence under the Conduct of our 
Messiah hath in many Remarkable instances defeated all Popish schemes, 
when the Protestant Interest and Liberties of Britain seemed to be at 
the brink of ruiu. Our Messiah who is ever a beneficent Guardian to 
his true Protestant Church, founded in Justice Humanity and social love 
hath now put it in our power to make their whole scheme abortive, if we 
exert our whole native strength without loss of time, by infatuating their 
Councils and permitting them to Discover and enter upon the execution 
of their plan, before they are prepared and strengthen'd by a sufficient 



224 COLONIAL RECORDS. 



Force from France it being evident at present that we outnumber the 
French Colonies upon this Continent above forty to one, and are yet 
strengthened with mauy brave Indian allies so that we vastly exceed both 
iu wealth and number all the French upon the Continent or those they 
can support if sent from France in their present Inhospitable Colonies. 

Great Britain which has formed and nursed up these Colonies from 
their infancy to a state of manhood & hath greatly increased their 
numbers, and though they are loaded with debts and enormous tho neces- 
sary taxes hath not only protected these Colonies, but indulged them In 
paying a small Quit Rent, and the easiest taxes (spent in their own sup- 
port) of any Civilized nation on the globe whilst Britain and every state 
in Europe are loaded with taxes and most of the trading nations with 
heavy debts, whilst Britain is strugling under these difGculties altho the 
Parliament hath a power of taxing the Colonies for their own support 
by taking off the Premium they pay us for some of our exports and lay- 
ing on duties upon what we ex|)ort to Britain or elsewhere; yet his Maj- 
esty in regard to his faithful Colonies is only desirous that they should 
unite and form a society amongst themselves to raise a proper and ade- 
quate Quota or fund for their mutual support and defence that the united 
forces of the Colonies to Consider of the most equitable and proper 
method of raising the taxes which are necessary for the support of his 
Government their own peace and safety and a reasonable sum from each 
of the Colonies to be laid up as a fund to support and Increa.se our 
Indian Allies and to prevent all foreign invasions and incroachmenfs and 
if France should still go on with their Romantic scheme when they see we 
shall exert our whole native force and should pour in troops from France 
to enslave us, then his Majesty will exert his power and maintain the 
rights of Britain by their naval power and enable the Colonies to sup- 
port their Just Rights and Properties. 

In this critical situation let us his Majestys faithful subjects of the 
Colony of No Carolina shew that we are true sons of Britain whose an- 
cestors have been ever famous for defending their valuable religion and 
liberties, and that we are still Inspired with the same spirit of Liberty, 
and are determined to support our Religious, and civil rights, and hand 
them down to our Posterity let us show that we are one of the latest 
Colonies, and scarcely arrived at the state of Manhood our neighbouring 
Colonies have attained to either in wealth or number, yet that we are 
still ready to exert our power and grant an Immediate supply to assist 
in the General defence of the Colonies; and that as we have already 
shewn a good example so we shall continue to be a laudable precedent to 
the rest of the more opulent Colonies ; and instead of entering into pri- 



COLONIAL RECORDS. ' 2*25 



vate party Quarrels, as some have doue" or putting off proper supplies 
as some others have done, by an 111 Judged Economy, or out of a penu- 
rious selfish Consideration as some propriatory and charter Colonics 
have done, vainly Imagining that the danger is at a distance and that 
they will leave the brunt of it to others and that Britain loaded with 
debts and taxes will defend them and Indulge them in living without 
taxes or assisting in the general defence of the Colonies, let us then 
chearfuUy give what is reasonable and proper for us by an immediate 
supply, as well knowing that a moderate sum now granted will go far- 
ther in securing our rights and properties, than ten times as much if 
longer delayed. Let us then inspire the other Colonies with an ecjual 
fire to maintain their religion & Liberties and to preserve the friendship 
and defend the rights of our Indian Allies This as gratefuU men we 
owe to them for the Happiness we enjoy in possessing these fine Climates 
and rich lands of America which was once theirs either by Possession or 
Conquest, this we owe to them as free men and true christians to pro- 
mote their happiness and make them partakers of our happy Constitu- 
tion, and extending it thro' the Continent by endeavouring to Civilize 
and Incorporate with them, and to lay a foundation for their becoming 
Christaius and their true zeal will heap blessings upon all our Colonies 
and our Posterity. 

Let us then behave like generous brave men and true christians for a 
little while confine our appetites and luxuries and part with a reasonable 
part of our wealth to preserve the Remainder and our happy Constitu- 
tion in church and state to (5ur latest posterity; this will shew the Gallic 
Monarch, and his insatiable ministry that we are not to be Intimidated 
or to be bullied out of our rights and that if he should Insist upon his 
Romantic scheme of surrounding, confining, and enslaving us, that we 
will Jointly and Unanimously support our valuable religion Liberties 
and Properties with our lives and fortunes, and that whilst we behave 
like brave men and true Christians we are sure of the protection of God 
our Messiah and that we will not only be happy in this world but to 
endless Ages. 

Then the Hon"' Fran' Corbin & Lewis De Roset Esq" were ap- 
pointed a Committee to prepare an address to be presented to his Excel- 
lency thereupon. 

The house adjourned to 3 o'clock. 

Met pursuant to adjournment. Present as above. 
Adjourned to tomorrow morning 9 o'clock 



226 COLONIAL RECORDS. 



Thursday 19* Decemb" 1754. Met accordiug to adjourument. 
Present. 
TMathew Rowan Fran" Corbin ^ 
mi TT Ha James Murray John Swann -r. «, 

TheHon- j^^jj^^^lj j^^ Da^vson ^'^^ 

|^Jo° Rutherford Lewis De RosetJ 
Adjourned to 3 o'clock P. M. 

Met according to adjournment Present as above 
Adjourned to tomorrow morning 9 o'clock. 

Friday, Dec'' 20"" 1754. Met pursuant to adjourument 
Present. 

(Mathew Rowan Fran" Corbin^ 
Jas Hasel) John Swanu I -p^ „ 

Jo" Rutherford Jo° Dawson [ " 
Lewis De Roset J 

The Gentlemen appointed by this board to draw up an address to his 
Excell'' Arthur Dobbs Esq' in answer to his message reported tlie same 
which was ordered to be read & approved of was ordered to be en- 



The House adjourned to 3 o'clock. 

Met pursuant to adjournm' and adjourned to tomorrow morning 9 
o'clock. 

Saturday Decemb"^ 2P' 1754. The House met pursuant to adjourn- 
ment. 

Present. 

* r Mathew Rowan Fran° Corbin^ 

mu TT Me Ja' Hasell Jo" Swann I tt. rs 

The Hon"" ■{ j ^ t^ .< p a i n -r, r Esq" 

I Jo" Ruthertord Jo" Dawson [ ' 

1^ Lewis De Roset J 

Adjourned to 4 O'clock P M. . 

Met according to adjournment Present as above. 

The address of this House to his Excell"^ iu answer to his message 
was delivered to the Hou''^ Mathew Rowan Esq' to be by him presented 
and is as follows. 

May it please your Excellency 

As you have been pleased to lay before us in your message to the 
grand plan of the French (as mentioned in your speech) to ruin and dis- 
tress all the British Colonys on the Continent In such Judicious and 
strong terms, we are under the Necessity of Addressing your Excell^ ou 
that head. 



COLONIAL EECOEDS. 227 



We are fully sensible of the encroachments of the French and the 
methods they had taken to gain over several of our friendly Indian 
Nations by whose connivance and Assistance they had built Forts within 
the Gov' of Virginia on the river Ohio from whence they had in con- 
junction with the Indians made excursions on the Inhabitants of the 
back Country Pillaging and Massacreing without distinction of age or 
sex all that came in their way and all this In open Violation of the 
solemn treaties subsisting between the two nations. Wherefore at our 
last meeting we joyned the other House In granting to his Majesty such 
an aid as exceeded that of any of the other Colonys (altho they were 
either of them far more opulent and more exposed than us) And in w""" 
we hoped we should have been followed by our neighbours, but their 
indolence was such that for want of exerting themselves, The French 
defeated the Virginia Forces and thereby became quiet possessors of 
their unjust pretentions and of course firmly attached the Indians to their 
Party from whence its plain we are open and exposed to the ravages of a 
Cruel and merciless enemie who threatens nothing less than the depriving 
us of our Libertys and propertys, as well as the free exercise of our 
religion; as this Sir is our true state on the Continent we hope it will 
cause the breast of every true lover of his Country to glow with a Just 
Indignation & resentment and rouse the other Colonies out of their 
stupid lethergy, & In order to stir them up to assert his Majestys Just 
rights and to preserve to our posterity the Invaluable priviledges, we 
have long enjoyed. We shall in conjunction with the other House grant 
to his Majesty such a further aid as the Indigency of the Province will 
permit of; that your Excellency may be enabled to send a body of men 
to Joyn the forces Intended to dispossess the French, and should not 
this be sufficient to spirit up our Neighbours yet we shall have the satisfac- 
tion of reflecting that no blame can lye at our door, & that we have with 
alacrity and unanimity Discharged the duty we owe to the best of Kings 
and to our Country. 

Then the House adjourned to ten o'clock tomorrow [Monday] morn- 
ing 

Munday Dec' 23* 1754. Met pursuant to adjournment. 
Present 
fMathew Rowan Fran' Corbin ^ 

The Hon"' J "^"^^ Murray Jo" Swann I ^ 

I Ja' Hasell Jo" Dawson ' "^^ 

i^Jo" Rutherford Lewis De Roset 
Adjourned to tomorrow un)rning 9 o'clock. 



228 COLONIAL RECOKDS. 



Tuesday 24* Dec"' 1754. Met pursuant to adjournment. 
Present 
TMathew Rowan Fran' Corbin ^ 

The Hon"'" I "^^^ Murray Jo" Swann i ^ 

j Jas Hasell Jo" Dawson ( ' 

(^Jo" Rutherford Lewis De RosetJ 
Adjourned to 3 o'clock P. M. 

Met according to adjournment. Present as above. Adjourned to 9 
o'clock Thursday 26'" 1754. 

Thursday 26"" Decem' 1754. Met j)ursuant to adjournment 
Present. 
( Mathew Rowan Fran' Corbin ^ 
The Hon"'" ' "^^^ Mui'ray Jo" Swann ( ^ 

^ Jas Hasell Jo" Dawson [ " ^ 

I^Jo" Rutherford Lewis De Roset J 
Mr. Ash and Mr. Vail brought up a bill for establishing the supreme 
Courts of Justice Oyer and Terminer and gen' goal delivery of N° 
Carolina which bill was read and ordered to lye on the table to ten 
o'clock to morrow morning In the assembly read the first time and 
passed 

Then adjourned to three o'clock P M. 

Met pursuant to adjournment. Present as above except tiie Hon"'" 
Jas Murray Esq' 

Brought up a bill by Mr. Caswell and Mr. Read for establishing 
County Courts for enlargeing their jurisdiction and settling their pro- 
ceedings therein In the Assembly read the first time and Passed. In 
the upper House read the first time and passed 

Brought up by Mr. Spear and Mr. Bell a bill for appointing Parishes 
and Vestrys for the Encouragement of an Orthodox Clergy, for the Ad- 
vancem' of the protestant religion and for the direction of the Settle- 
ment of Parish Ace*". In the Assembly read the 2"* time and passed. 
In the upper House read the first time and passed. 

Adjourned to 9 O'clock tomorrow uiorning 

Fryday Dec' 27"" 1754 Met pursuant to adjournm' 
Present 
( Mathew Rowan Jo" Rutherford ~| 
The Hon^'V Jas Murray Fran' Corbin VEsq" 

( Jas Hasell Lewis De Roset j 

Mr. Harnet and Mr. Ashe brought up a bill to repeal an Act Intituled 
an Act to prevent the exportation of raw hides pieces of hides and calf 



COLONIAL RECORDS. 229 



skins out of this Governm'. In the Assembly read the first Unw and 
passed. In tlie upper House read the first time and passed 

Mr. Samuel Swann Jun' & Mr. Relf brought up a bill to appoint an 
Agent to represent and solicit the Affairs of this Province at the several 
Boards In England. In the Assembly read the first time & passed. In 
the Upper House read the first time and passed 

This House took under their Consideration the Bill for establishing 
the supreme Courts of Justice Oyer and terminer and Gen' Goal deliv- 
ery of No Carolina which was ordered to lye on the Table to this morn- 
ing and passed. In the upper House read the first time and passed. 

Then adjourned to 3 o'clock P JNI. 

Met pursuant to adjournment present as above Then adjourned to 
9 O'clock tomorrow morning 

Saturday 28"' December 1754. Met pursuant to adjournment. 

Present 

fMathew Rowan Fran' Corbin ^ 

■^pi tr bie Jas Murray . .lo" Swann ^ „ 

J he Hon"" t xj n" j n t\ (Esq" 

J as Hasell Jo" Dawson '- 

(^ John Rutherford Lewis De RosetJ 

Mr. Harnet & Mr. Blunt brought up a bill for granting an aid to his 
Majesty for the defence of the Frontiers of this Province and other 
Purposes. In the Assembly read the first time & Passed. 

Mr. Ashe and Mr. Houston brought up a bill for appointing the sev- 
eral ferrys therein mentioned & for obliging the Commissioners of the 
several districts to make roads to the same In the Assembly read the 
first time & passed. 

The bill for Granting an Aid to his Majesty for the defence of the 
frontiers of this Province and other purposes Was read and the Hon"' 
Ja' Murray & Fran' Corbin Esq''' were appointed A Committee to ]ire- 
pare amendments to the same against Munday morning next. 

Tlien adjourned to 3 o'clock. P M. 

Met pursuant to adjournment Present as above. 

Mr. \Yilliams and Mr. Hutchins brought up a bill for appointing 
Parishes and Vestrys for the encouragem' of an Orthodox Clergy for 
the advancement of the protestant Religion & for the direction of the 
settlement of Parish ace" In the Assembly read the second time and 
passed with amendments 

Mr. Cade and Mr. Bell brought up a bill for removing the Court In 
Granville County & for other Purposes In the Assembly read the first 
time and passed. 



230 COLONIAL RECORDS. 



The Bill for appointing the several ferrys therein mentioned and for 
obliging the ConiDiissioners of the several Districts to make roads to the 
same In the Upper House read the first time and passed with Amendm" 

The bill for removing the Court in Granville County and for other 
purposes. In the Upper House read the first time and passed with 
Amendments. 

Then adjourned to Munday the .^O* at 10 O'Clock. 

Munday 30"" December 1754. Met pursuant to adjournment 

Present. 

f Mathew Rowan Fran' Corbin ^ 

rni TT bia Jus Murrav John fSwann ., 

riie Hon"'" T xj ii" T 1 r» ^■'''l 

J as Hasell John JJawson 



[^Jo" Rutlierford Lewis De Roset 

The Committee appointed to prepare Amendments to the Bill for Grant- 
ing an Aid to his Majesty for the defence of the Frontiers of this Prov- 
iiice & other purposes reported the same which were agreed to by this 
House the said Bill being read and passed. In the Upper House read 
the first time and passed. 

Mr. Ashe and Mr. Caswell brouglit up the bill for the several ferrys 
therein mentioned and for obligeing the C'ommissioners of the several 
districts to make roads to the same. In the Assembly read the second 
time and passed with Amendments. 

Mr. Sam' Swann Jun' and Mr. Rew brought up the bill for establish- 
ing the Supreme Court of Justice Oyer & Terminer and Gen' Jayl 
Delivery of North Carolina. In the Assembly read the second time 
and passed with Amendm'* 

Mr. Sam' Swann Jun' and Mr. Rew brought up tiie bill for establish- 
ing County Courts for enlargeing that Jurisdiction and settling the Pro- 
ceedings therein. In the Assembly read the second time and passed with 
Amendments. 

Mr. Sumner and Mr. Bell bnjught up the Bill to appoint an Agent to 
represent & solicit the Affairs of this Province at the several boards in 
England. In the Assembly read the second time and passed with 
Amendments 

Adjourned to 3 o'clock. 

Met pursuant to adjournment Present as above. 

The Bill for appointing Parishes and Vestrys for the encouragement 
of an Orthodox Clergy for the advancement of the Protestants religion 
& for the direction of the Settlement of Parish Ace". In the Upper 
House read the second time & passed with Amendments. 



COLONIAL RECORDS. 2:31 



The Bill to appoint an Agent In England to Represent and solicit the 
Affairs of this Province at the several Boards Rejected. 
Then adjourned to 9 o'clock tomorrow morning 

Tuesday 3P' December 1754. Met pursuant to Adjournment. 
Present. 

(Mathew Rowan Fran' Corbin ^ 
Ja° Murray Jo" Swann I t-, „ 

Jas Hasell Jo" Dawson ^ 

Jo" Rutherford Lewis De Roset J 
The Bill for establishing the supreme Courts of Justice Oyer and Ter- 
miner and Gen' Goal Delivery of North Carolina. In the Upper House 
read the second time and passed with Amendm" 

The Bill for establishing County Courts for enlargeing their Jurisdic- 
tion and settling the Proceedings therein. In the Upper House read the 
second time and passed with Amendments. 

The Bill for appointing the Several Ferrys therein mentioned, and 
for obliging the Commissioners of the Several Districts to make roads to 
the same. In the upper house read the second time & passed with 
Amendments. 

Then adjourned to 3 o'clock P M. 

Met pursuant to adjournment present as before the Hon"" John 
Rutherford & John Swann Esq' only excepted. 

Then adjourned to 10 o'Clock tomorrow morning. 

[For Journals of the succeeding days of the session see A. D. 1755. — 
Editor.] « 



At a General Assembly begun and held at New Bern the twelfth day 
of December in the twenty-eighth year of the Reign of our Sovereign 
Lord George the second by the Grace of God of Great Britain France 
and Ireland, King Defender of the Faith, And in the Year of our 
Lord One thousand seven hundred and fifty four and continued by pro- 
rogation to the Twelfth Instant being the first Session of this present 
General Assembly. 

Tuesday the 12'" December 1754. 

Reed a Certificate from the Clerk of the Crown of the return of the 
Writs for Electing Members for the several Counties and Towns in this 
Province to sit and vote in this present General Assembly. 

Craven County — Mr. Joseph Bryan, Mr. John Fonville. 

Carteret County — Mr. Thomas Lovick, Mr. Joseph Bell. 

Johnston County — Mr. Richard Caswell ju', Mr. Stephen Cade. 



232 COLONIAL EECORDS. 



Currituck Couuty — Mr. William [Shergold, Mr. John Surry, Mr. 
Francis Brown, Mr. Stephen Williams. 

Pasquotank County— Mr. Robert Murden, Mr. Thomas Relfe, Mr. 
Samuel Swann ju^, Mr. John Brothers, Mr. Griffith Jones. 

Perquimons County — Mr. John Harvey, Mr. Benj : Harvey, Mr. 
William Wyatt, Mr. Joseph Sutton". 

Chowan County — Mr. Demsey Sumner, Mr. Joseph Blunt, Mr. Tim- 
othy Walton, Mr. Josepii Heron, Mr. Edward Vail. 

Bertie County — Mr. Jno Campbell, Mr. Thomas Whitmell, Mr. Beuj 
Wynns. 

Ouslow County — Mr. Samuel Swaun, Mr. John Starkey. 

New Bern 

Bath Town— Mr. Wyriot Ormond. 

Beaufort County — Mr. John Hardy, Mr. William Spier. 

Hide County — Mr. Samuel Siuclaire, Mr. John Harvey. 

Northampton County — Mr. James Washington, Mr. Robert Jones 
jun'. 

Tyrell County — Mr. William Mackay, Mr." Janjes Conner, Mr. Jacob 
Blount, Mr. Francis Ward, Mr. Samuel Spruill. 

Edgcomb County — Mr. William Kinchin j', Mr. William Williams. 

Granville County — Mr. Robert Harris, Mr. James Payne. 

Duplin County — Mr. Francis Brice, Mr. William Houston. 

New Hanover County — Mr. George Moore, Mr. John Ashe. 

Bladen County — Mr. William Bartram, Mr. Isaac Jones» 

Anson County — Mr. Anthony Hutchiugs, Mr. John Hamer. 

Rowan County — Mr. James Carter, Mr. John Bravard. 
■■ Edenton— Mr. Thomas Barker. 

'Wilmington — Mr. Cornelius Harnett. 

His Excellency the Governor was pleased to prorogue this Assembly 
untill tomorrow. 

Friday the IS* December 1754. The House met according to proro- 
gation 

Two members waited on his Excellency the Governor aud acquainted 
him the Members were met. 

His Excellency the Governor sent a Message commanding the Mem- 
bers to attend him in the Council Chamber. 

The Members waited on His Excellency the Governor in the Council 
Chamber when his Excellency commanded to make Choice of a Speaker. 
Mr. Sinclaire proposed and sett up Mr. Samuel Swann, Mr. Thomas 
Barker proposed and sett up Mr. John Campbell, On which the Motion 



COLONIAL RECORDS. 233 



was made and the question was put and ou the House dividing there ap- 
peared an Equality of Votes. After some time Mr. Swann acquainted 
the Members that in order to Expedite the Business of the House he 
gave up his pretensions to the said Place to Mr. John Campbell, Where- 
upon he was placed in the Chair. 

Mr. Heron and Mr. Harvey waited on his Excellency the Governor 
and acquainted him that the House of Burgesses in obedience to his 
Commands had made choice of a Speaker and desired to know when 
they should atteud him. 

His Excellency sent for Answer that he would receive them tomorrow 
morning at eleven "Clock. 

Then the House adjourned till Tomorrow 10 "Clock. 

Saturday the H"" December 1754. The House met according to ad- 
journment. 

His Excellency the Governor sent a Message to the House command- 
ing the immediate attendance thereof in the Council Chamber. 

Accordingly Mr. Speaker with the House went up to the Governors 
and the House acquainted him that they had made choice of a Speaker 
and presented Mr. John Campbell for his Escelleucys approbation, Who 
was pleased to approve of their choice. 

The House being returned Mr. Speaker Reported That the House 
had attended his Excellency the Governor in the Council Chamber and 
that he was pleased to make a Speech to the Council and this House of 
which he had to prevent Mistakes obtained a Copy which he delivered 
in at the Table when it was read by the Clerk and is as follows. 

Gentlemen of his Majestys Honorable Council, Mr. Speaker 
AND Gentlemen of the House of Assembly, 
His Majesty having been Graciously pleased to Honour me with the 
Government of this Province I have taken the earliest opportunity of 
meeting with you in full Assembly to Consult you upon what may tend 
to the peace, Happiness Increase and Improvement of this Province 
and to Consider of proper Laws to secure the Rights and Properties and 
Improve the Trade of this Colonj' and to unite the Aifections of all the 
Members of the Society that all may concur iu promoting your General 
Wealth and Happiness. 

As the first and greatest Principal Foundation of all Social Happi- 
ness is the knowledge of true Religion and the Practice of Morality and 
Virtue to Know Love and Adore the Divine Being as we ought and to 
obey the Precepts he has revealed to us — So I thiuk it my Duty iu the 
first place to recommend to you the providing a proper Fund to support 



234 COLONIAL RECORDS. 



a sufBcient Number of Learned pious Clergymen to reside in the Prov- 
ince and to accommodate them with Houses, Glebes and Parish Clerks 
to enable them to Instruct the Inhabitants and the rising Generation in 
the Pi'inciples of true Religion and Virtue in such a prudent manner 
without Tythes as to prevent Contests and preserve a Harmony between 
the Clergy and the Laity that their Interest may be the same, and they 
may have leisure as well as inclination to instruct their Flock in Chris- 
tian Principles. 

Next to this in Duty to His Majesty who like a Beneficent Father has 
given to this Colony a permanent Property on their Lands reserving to 
himself a very small acknowledgment of Quit Rent who has protected 
it in its Infant State fi'om all Foreign Insults and has maintained and 
supported it in its Civil and Religious rights and Priviledges by a 
true Christian Liberty of Conscience and in the Happiest Constitution 
on the Globe I must earnestly recommend it to you that in return for his 
Majesty's Paternal Care you make an Effectual Law for the Speedy and 
easy Collection of the Quit Rents which his Majesty has been graciously 
pleased to apply for the use of this Colony towards the discharge of a 
great Arrear due to the Officers of this Establishment au<l towards their 
Annual Support who are necessary to preseve your Peace and to have 
Justice impartially distributed in the Province. This in Justice to your- 
selves as well as in Gratitude to the best of Princes who is not only the 
Father of his people but the benefactor of Mankind I am convinced 
you will readily agree to. 

After this I must recommend to your Consideration the making 
Effectual Laws to secure your Peace and Property and to obtain your 
Rights and to have Justice distributed in the speediest and easiest 
Manner without Dilitory Law Proceedings, and also Laws to promote 
Trade and industries in order to support your Credit at Home and 
Abroad by making Effectual Laws to recover just Debts without 
Chicanery or tedious Delays and all small Debts in a summary Way 
which will promote Economy and Industry and jjrevent Indolence and 
Sloth. 

Since a paper Currency has been found Beneficial hitherto from the 
Want of Bullion or Coin I must recommend to you the keeping up 
your Paper Credit by making your Paper Bills a permanent Fund of 
Credit upon Laud Security by a Loan Office, and to Provide a Sufficient 
Fund to pay off and Cancell the Bills of Credit already Issued in a 
short time, a Plan of which shall be Communicated to you. This with a 
General Inspection law and Imploying Inspectors in all your Sea- 
Ports to View and Support the Credit of your Exports and a proper 



COLONIAL RECORDS. 235 



Economy with Industry must Occasion a Baliance In your Favour and 
consequently a Return in Gold or Silver will demonstrate that Honesty 
in Trade as well as in all other Dealings is the best Policy. 

The extending our Trade into the Continent and our Colonies into the 
fine Countries beyoud the Mountains being of the utmost Consequence 
to this and all our Colonies I must earnestly recommend it to you to 
make a Law to lay our Indian Traders under proper Regulation and to 
promote an Intimacy of Friendship and living in Harmony with our 
Indian Neighbours and Allies that we may be enabled to Civilize and 
make them Industrious and to Incorporate with them by carrying on an 
Equitable Trade with them and treating them with Christian Benevolence; 
This at least we owe to them upon Account of our possessing their happy 
Climate and Country and we shall not only Proffit by their Trade but 
make them our Steady Friends and by Extending our Alliance to Dis- 
tant Nations we may enlarge our Trade over the whole Northern Conti- 
nent and form an Impregnable Barrier against our ever active Enemies 
the French who in the time of Profound peace have not only headed 
their Indian Allies and have prevailed with them to make depredations 
Massacre in Cold Blood and Scalp several of the Inhabitants of this 
and our other Colonies but have entered with an Armed Force and erected 
Forts in the Counties belonging to his Majesty as well as our Indian 
Allies — And therefore I am commanded by his Majesty to recommend 
it to you in the strongest manner to provide a supply to assist the 
Colony of Virginia whose Country is Invaded and his Majestys Troops 
slaughtered for endeavouring to repell these Invaders. The fire which 
has Caught your Neighbours House has lately spread into your own, 
Your Religion, Liberty and property are all at Stake, if they be not 
repelled and drove back to their Inhospitable Colonies, But as this Sub- 
ject is of the utmost Importance and it will be tedious to Explain the 
French Plan Calculated for the Ruin of Britain and these Colonies at 
this time. As soon as you fall upon Business I shall lay before you in 
a more ample manner that you may see the necessity of a speedy and 
Effectual Supply. 

Mr. Speaker and Gentlemen of the Assembly, 

I am Instructed and have it in Command from his Majesty to look 
out and fix upon a Convenient and Healthy Situation for the Seat of Gov- 
ernment and Courts of Justice which may best answer the whole province 
and to lay it before his Majesty for his approbation when that is fixed your 
own Prudence & Wisdom will Suggest to you whether you should not 
have a Fund provided to Erect publick Buildings for the Residence 



236 COLONIAL RECORDS. 



of the Governors and for tlie pnhlick Offices and Courts of Justice 
since the Credit and Increase of the Trade of the Province depends in 
a great Measure upon the Healthiness and Increase of the Capital and 
having all the Public Offices together. 

I am also Commanded by his Majesty earnestly to recommend to you 
the raising of a suitable Fund without Limitation of time to support the 
dignity of the present and all future Governors and to answer the Con- 
tingencies and Emergencys of Government the payment of the Officers 
and Clerks of the Council and Assembly for the repairing Fortifications, 
Store Houses and Magazines wiien Erected which Establishment will 
be always necessary for your Secuiity a{id defence His Majesty having 
been graciously pleased to give you a thousand Firelocks and Accoutre- 
ments for the use of this Province and I have a well grounded Expec- 
tation that proper Artillery with Military Stores will be granted to the 
several Forts when Erected and an Independant Comjiaiiy provided that 
a powder Duty be again Granted to supply the Magazines in the Prov- 
ince. 

It is with great Concern that I observe from the late Divisions in the 
Province the proper Duties laid on for the support of the Establishment 
and for the sinking the Paper Currency have nut been propeily Levied 
from the Disputing the Legality of the Assembly in passing and con- 
tinuing those Duties by which means the Charges of Government have 
not been paid and the publick Debt Increased as this Bone of Conten- 
tion is happily laid aside by his Majestys having minutely entered into 
an Examination of the Constitution and Laws of the province by repeal- 
ing several Laws it will be necessary for you to have all the present 
Laws revised and where Laws have been repealed upon Account of some 
improper Clauses to reenact them with unexceptionable Clauses and to 
have the 'whole Laws assertained which may best be done by appointing 
Committees to sit upon them during the Recess betwixt this and the next 
Session to have them ready to be offered at the next Assembly. 

Since his Majesty has been graciously pleased to Intrust me with the 
Care and Improvement of this Province as it is my Dnty so it shall be 
my Constant Care to promote true Religion and Virtue and the Wealth 
Peace and Happiness of the Colony and to Increase and Improve the 
Trade As a Union of affections and acting together for the general 
good, of the Province is not only a Prudent and right measure but abso- 
lutely necessary to be pursued to Improve the Colony in Wealth and 
Trade it is my determined Resolution to encourage and Countenance only 
those who shall heartily Concur in so good a purpose which must Im- 
prove the Marketts support the Credit, Establish Justice and give 



COLONIAL RECORDS. 237 



Streugth and Weiglit to the Colony and induce Merchants Artizans and 
other Gentlemen of Learning Merit and property to piirehasc and reside 
in the province. 

Mr. Barker moved tliat a Committee l»e appointed to prepare an Ad- 
dress in Answer to his Excellencys Speech; and Mr. Barkei', Mr. 
Swann, Mr. Ormond, Mr. Starkey and Mr. Sindaire were accordinglv 
Appointed. 

Mr. Joseph JBlnnt one of the Members for Chowan Connty, Mr. 
Joseph Sutton one of tlie Members for Perquimons Connty, and Mr. 
Jolm Hamer and Mr. Jolin Hntcliings the two Members for Anson 
County, Appeared took the Oaths by Law appointed for their (Qualifi- 
cation subscribed the Test and took their Seats in the House. 

Mr. Starkey produced to this House an Accompt from Capt Thomas 
Pearson for the Freight of One thousand Arms Swords &c, from his 
Majesty for the use of the Province. 

liesolved, The Sum of Sixty six pounds seventeen Shillings and four 
peuce proclamation Money for the Freight of these Arms &c be kept to 
the .said Thomas Pearson by John Starkey Esq' Treasurer of the Sontii- 
crn District out of the Money in his Hands for supporting the Contin- 
gencies of Government. 

The House adjourned till Monday Morning 10 o'Clock. * 

Monday the 16"' December 17o4. The flouse met according to 
adjournment. 

Mr. Swann Reported that the Committee appointed had according to 
Order prepared an Address to the Governor which he read in his Place 
and afterwards Delivered it in at the Table when the same was again 
read by the Clerk and agreed to, and is as follows, 

May it please your Exc^eli.excy, 

We his Majesty's most Dutifull and Loyal Subjects the Members of 
the General Assembly of North Carolina beg leave to Congratulate youi' 
pjxcellency on your safe Arrival in your Government and return you 
our hearty Thanks for your Speech at the opening of this Session. 

The Temporal Good as well as the Eternal Felicity of Mankind so 
essentially depends on the knowledge and practice of true Religion and 
the Encouragement of a learned Clergy is so evidently neces.sary that 
we «hall readily give all the Assistance in our Power to Accom|)lish 
what your Excellency has so ju.stly recommended on that Head. 

The Numberle.ss advantages and Livalnable Priviledges which all his 
]\fajestys Subjects enjoy under his Wise and Beneficent Administration 



238 COLONIAL RECORDS. 



are such as will on every Occasion stimulate our Endeavours to a faith- 
ful discharge of our Duty to the best of Kings; The large Arrear of 
Quit Rent due to the Crown and to Earl Granville deserve great At- 
tention and we shall pass a Bill for the most speedy and easy Manner of 
(Collecting the same, that the poor and Indigent State of the Province 
will admit. 

We shall cheaifully give our attendance in supplying any defects in 
the Laws which relate to the Courts of Justice in the proper Regulation 
of which the planting as well as Trading Interest is greatly concerned. 

We shall fully consider the plan mentioned in your Excellency's 
Speech for making a Paper Currency whenever you shall please to lay 
the same before us. 

The apparent necessity both in a Political and Moral Light of kee]ung 
a good corresponden(;e with the Indians in Amity with us will engage 
us to take such measures as will secure their Trade and confirm their 
Friendship 

The unjnstifyable Incroachments of the French on his Majesty's Ter- 
ritories in the Colony of Virginia and their unwarrantable Hostilities so 
Pathetically mentioned by your Excellency deserve the just Resentment 
of every British Subject and will excite ns to raise such supplies as the 
Circumstances of our Constituents will admit of to enable your Excel- 
lency to ])rotect our Frontiers and assist the other Governments in 
repelling a Treacherous and inhospitable Enemy. 

We shall endeavour to obliterate the Remembrance of our former Con- 
tests and the ill consequence which attended them being desirous in all 
our Consultations to proceed with unanimity and publick Spirit in every 
Measure that may be for his Majestys Service and the General Good of 
the Province which are so intimately connected that whatever advances 
the one contributes to the other. 

We perceive the necessity of revising the Laws and shall prepare a 
Bill for that purpose and your Excellency may be assured that we shall 
give due Attention to everything you have recommended. 

We Esteem it a singular mark of his Majesty's Favour his appointing 
a Gentleman of your Excellency's known Abilities and Character to 
preside over us, and we shall with the greatest Alacrity concur with the 
Members of his Majestys Council in everything that may tend to make 
your Administration easy and happy. 

Ordered, That the said Address be fairly Transcribed and presented 
by the whole House. 



COLONIAL RECORDS. 230 



Ordered, That Mr. Sinolaire and Mr. Blount wait on his Excellency 
the Governor to know when tlie Honse shall attend him with the same 
to present it. 

Then the House adjonrned till 8 o'Clock in the Afternoon. 

P. M. The House met according to adjournment. 

Mr. Robert Jones one of the Members for Northampton County 
appeared took the Oaths by Law appointed for his Qualification Sub- 
scribed the Test and took his Seat in the House. 

Mr. Sinclaire and Mr. Blount reported that according to Order they 
had waited on his Excellency the Governor to know when this House 
should attend him with their Address and that he was pleased to appoint 
tomorrow and to say he would signify by a Message when he was ready 
to receive it. 

Then the House adjourned till 11 o'Clock tomorrow Morning. 

Tuesday the 17"" December 1754. The House met according to 
adjournment. 

His Excellency the Governor sent a Message to the House to acquaint 
them that he was ready to receive their Address in the Council Chamber 

Mr. Speaker with the House went up and being returned Reported 
that he with the House had attended the Governor in the Council Cham- 
ber and represented the Address of this House to him to which he was 
pleased to answer 

Mr. Speaker and GENTLEjrEN of the Assembly, 

I thank you for this Dutiful and Loyal Address 'the zeal you have 
shewn for Religion tiie Loyalty and Duty you Express for his Majesty 
for his Paternal Care over this Province, The just Resentment you have 
of the French Depredations and Encroachments in these Colonies and 
the necessity there is for an immediate supply and Union of the Colonies 
and securing our Indian Allies I shall faithfully represent to his Majesty. 
The good opinion you have expressed of my endeavours to serve this 
Colony must add (if possible) to my Assiduity and care to promote Re- 
Ugion and Virtue and the peace and Wealth and Improvement of this 
Province. 

Mr. Starkey moved that a Committee be appointed to settle and allow 
publick Claims, And also a Committee to Examine State and Settle the 
Publick Accounts, And the following Members were accordingly Ap- 
pointed Mr. Barker Mr. Samuel Swann, Mr. Robert Jones, and Mr. 
Joseph Blount. And on the Claims, Mr. Lovick, Mr. Starkey Mr. 
Mackav, Mr. Sinclaire and Mr. Ormond. 



240 COLONIAL RECORDS. 



Ordered, Mr. Aslie and Mr. Caswell wait on the Couiieill with the 
following Message, 

Gentlemen of his Majestys Hon"° Council, 

This House have appointed Mr. Thomas Barker, Mr. John Harvey, 
Mr. Samuel Swann, Mr. Robert Jones and Mr. Joseph Blount a Com- 
mittee to Examine State and settle the pnblick Accompts of this Prov- 
ince 

And Mr. Thomas Lovick, Mr. John Starkey, Mr. William Mackay, 
Mr. Samuel Siiiclaire, and Mr. Wyriott Ormond to examine Settle and 
allow publick Claims in Conjunction with sueh of your Honours as you 
sliail think fit to appoint. 

By order JOHN CAMPBELL Speaker 

William Heritage C"'. 

Mr. Ormond moved that a Committee of propositions and Grievances 
be appointed and the following Members were aeeordingly appointed 
(Viz') Mr. Joseph Heron, Mr. Bryan, Mr. Bell, Mr. Cade, Mr. Spier, 
Mr. Harvey jun'. Mr. Shergold, Mr. Swanu, jun'. Mr. Sutton, Mr. 
Ward, Mr. Whitmell, Mr. Washington, Mr. W" Williams, Mr. Harris, 
Mr. Bruce, Mr. Asiie, Mr. Bartram, Mr. Hamer, Mr. Carter, Mr. Star- 
key and Mr. Harnett. 

His Excellency the Governor laid before the House a Transcript of 
the twenty sixth Article of his Instructions and acquainted this House 
that his Majesty had Commanded him to have the above said Article 
Entered on the Journals of this House. 

Resolved, That the said Instructions be entered on tiie Journals of 
this House and is as follows (Viz') , 

Whereas several Inconveniences have arisen to our Governments in 
the plantations by Gifts and presents made to our Governors by the 
General Asseniblys for prevention thereof for the future it [is] our Ex- 
press Will and pleasure that neither you the Governor nor any Gover- 
nor, Lieutenant Governor, Commander in Chief or President of the 
Council! of our said province of North Carolina for the time being do 
give your or their Consents to the passing any Law or Act for any Gift 
or presents to be made to you or them by the Assembly and that neither 
you nor they do receive any Gift or Present from the Assembly or others 
on any account or in any manner whatever upon pain of our highest 
displeasure and of being recalled from that Government. 

Signed ARTHUR DOBBS. 

Dated l?"" December 1754 



COLONIAL RECORDS. 24] 



The Hoii.se adjourued till to-morrow morniug 9 "Cloek. 

Wednesday the IS"" December 1754. The House met according to 
adjournment. 

Mr. Washington presented a petition from the Count)' Court of 
Northampton Setting forth that had applyed to the said Court to 
be recommended to this House to be Exempt from paying publick Taxes 
and Duties 

Ordered he be Exempt accordingly. 

Mr. Washington presented to the House a Certificate from the County 
Court of Northampton Setting forth that wife of a free Negroc 

through violent sickness hath lost the use of her Limbs and therefore 
recommended her to this House that she be Exempt from paying pub- 
lick Taxes. 

Ordered she be exempt accordingly. 

Mr. Williams presented a petition from the County Court of Edgcomb 
Setting forth that hath- applyed to the said Court to be Exempt 
from paying publick Taxes. 

Ordered he be exemj)t accordingly. _ 

Received from the Councill the following Message. 

Mu. Speaker and Genti.emen, 

The House taking into consideration the Message of yesterday Rela- 
tive to the appointment of the Committee of publick Accompts and 
Claims have thought fit to appoint the following Gentlemen in Conjunc- 
tion with those of yours (Viz') The Hon"" James Hasell and John 
Rutherford Esq" on the publick Accompts and Hon"° John Swann and 
John Dawson Esq'^ on the Claims. 

December IS'" 1754. 

Mr. Barker moved that the House pass a vote to enable his Excel- 
lency the Governor to make proper provisions for the Indians now in 
Newbern, Which was agreed to Nem Con. 

Mr. Starkey moved that his Excellency the Governor be empowered 
to draw on the Treasurer of the Southern District for the sum of 
Twenty five pounds in order to make Gifts and presents to the Indians. 

Resolved, that the publick Treasurer of the Southern District pav 
to his Excellency the Governor the sum of twenty five pounds to make 
Gifts and presents to the Indians now in New Bern and that the said 
Treasurer be allowed the same on his accounting with the Publick. 

Resolved, That Mr. Samuel Swann and Mr. Starkey wait on the 
Reverend Mr. James Read and return him the Thanks of this House 
for his Sermon preached before thom on Sunday the 15"" Instant. 
Vol. 5—11 



•J42 COLOxNIAL RPX'OKDS. 



Mr. OrinoiKl moved that three of the Members of tliis House be ap- 
poioted to provide aud supply necessary lodgings and provisions for the 
Indians now in Town and that the Expence thereof be placed on the 
Estimate of the publick Claims. 

Ordered, That Mr. Thomas Whitmell, Mr. Francis Brice, and Mr. 
William Williams do agree with projjer persons to supply tiie said In- 
dians agreeable to the above Motion. 

Mr. John Fonvealle presented a Certificate from the County Court of 
Craven Setting forth hath applj'cd to the Court to be recommended 

to this House to be Exempted from i)aying Publick Taxes. 

Ordered he be Exempt accordingly. 

Mr. William Williams presented to this House the petition of Wil- 
liam Hurst complaining of an undue Election of Mr. Robert Harris 
on? of the Representatives for Granville County. 

Ordered to be read and read. 

Mr. Williams moved that the consideration of the said Petition bo 
referred 'till tomorrow morning. 

Resolved That the Consideration of the said petition be referred till 
tomorrow. 

Mr. Robert Jones moved that a Committee be appointed to prepare 
and bring in a Bill for granting an Aid to his Majesty for the Defence 
of the Frontier of this province and other purposes. 

Ordered That Mr. Jones, Mr. Swann, Mr. Ormoud, Mr. Barker and 
Mr. Starkey prepare and bring in the same. 

Mr. Bryan presented to this House a Certificate from the County 
Court of Craven, Setting forth that iiath applyed to the said Court 
to be recommended to this House to be Exempt from paying publictk 
Dues. 

Ordered he be Exempt accordingly. 

The House adjourned till 3 "Clock Afternoon. 

P. M. The House met according to adjournment. 

Mr. Fonville presented to this House a Certificate from the Connty 
Court of Craven Setting forth that had applyed to the said Court 

to be recommended to this House to be Exempt from paying publick 
Taxes. 

Ordered he be Exempt accordingly. 

Mr. Bryan presented to this House a Certificate from the County 
Court of Craven Setting forth that hath applyed to the said Court 

to be recommended to this House to be exempt from paying publick 
Taxes. 



COLONIAL KECORDS. 243 



Ordered he be exempt aecordinsjly. 

The House adjourned till tomorrow 9 "Clock. 

Thursday the 19"' December 1754. The House met according to a<l- 
journment. 

Mr. Starker presented to the House a petition of several Freeholders 
of the Town of Newbern complaining of an undue Election of Mr. 
James Davis for a Representative for the said Town. 

Ordered That Mr. James Davis and Mr. Heron wait on the Clerk of 
the Crown and acquaint him this House desires the return of the Writt 
for Electing a Representative for the said Town to be laid before them. 

Mr. Barker moved for leave to Bring in a Bill for securing the payment 
of Quit Rents due to his Majesty and Earl Granville for cjuieting the 
Freeholders in the Possession of their Lands and for other Purposes. 

Ordered the following Gentlemen be .appointed a Committee to pre- 
pare and bring in the same (Viz') 

Mr. Barker, Mr. Jones, Mr. Swaun, Mr. Harvey jun', Mr. Murden, 
Mr. Siuelaire, Mr. Ashe, Mr. Starkey, Mr. Blount, Mr. Lovick, Mr. 
Bravard, Mr. Hutchins, Mr. Bryan, Mr. Mackay, Mr. Sutton, Mr. 
Caswell jun"^, Mr. Paine, Mr. Hardy, Mr. William Williams, Mi-. Or- 
mond, Mr. Bartram and Mr. Stephen Williams. 

And they are appointed Accordingly. 

Mr. Barker moved that the House would resolve a Sum necessary to 
be granted to his Majesty for the defence of the Frontiers of this prov- 
ince &e. 

Resolved Nem:Con, That the Sura of £8,000 proclamation money 
be granted as an Aid to his Majesty to enable His Excellency the Gov- 
ernor to assist the neighbouring provinces in repelling the French from 
their unjustifiable encroachments on the river Ohio and protect the Fron- 
tiers of this Province. 

Mr. Jones moved that the House resolve into a Committee of the 
whole House to consider of Ways and Means to Raise the sum of £8,000 
pursuant to the above Resolve. 

Resolved, That the House resolve into a Committee of the whole 
House tomorrow morning pursuant to the above Motion. 

Mr. Jones moved that an Humljle Address be made to His Majesty 
to Express our Loyalty and Attachment to his Royal person and to 
return him our Sincere thanks for the Arms he has been graciously 
pleased to send us for the Defence and protection of this province and to 
Inform him of our Readiness notwithstanding our Indigence to grant 
an Aid of £8,000 to enable his Excellency the Governor to assist the 



244 COLONIAL RECORDS. 



Neighbouring Provinces in repelling the French from their unjustifiable 
Encroachments on the River Ohio and Defend the Frontier of this prov- 
ince and to pray the Continuance of his paternal Favour and protection. 

Resolved, Nem. Con. that his Majesty be addressed accordingly. 

Resolved, That Mr. Jones, Mr. Ormond Mr. Barker, Mr. Swann and 
Mr. Starkey prepare the said Address and lay the same before the House 
for Approbation. 

Mr. Jones moved that a Committee be appointed to prepare and bring 
in a Bill for Establishing the Supreme Courts of Justice and regulating 
the proceedings therein. 

Ordered, That Mr. Jones, Mr. Starkey, Mr. Barker, Mr. Swann, Mr. 
Swann jun^ Mr. Harvey, Mr. Harnett, Mr. Bell, Mr. Sumner, Mr. 
Moore, Mr. William Williams, Mr. Lovick, Mr. Ashe, Mr. Brown, Mr. 
Caswell, jun', Mr. Blount and Mr. Relfe, do prepare and bring in the 
same 

Mr. Barker moved that a Committee be ai)pointed to prepare and 
bring in a Bill for appointing parishes and Vestries for the Encourage- 
ment of an Orthodox Clergy for the advancement of the Protestant 
Religion and for tiie Direction of the Settlement of parish Accompts and 
other purposes. 

Ordered That Mr. Barker, Mr. Ormond, Mr. Swann, Mr. Fonville, 
Mr. Lovick, Mr. Cade, Mr. Spier, Mr. Sinclair, Mr. Stephen Williams, 
Mr. Relfe, Mr. Jones, Mr. Harvey, Mr. Blount, Mr. Ward, Mr. Wynns, 
Mr. Washington, Mr. William Williams, Mr. Paine, Mr. Brice, Mr. 
Moore, Mr. Harnett, Mr. Bartyam, Mr. Hntchins, Mr. Bravard and Mr. 
Starkey do prepare and bring in the same. 

Mr. Jones moved that the Committee appointed to prepare and bring 
in a Bill for Establishing the Supreme Courts of Justice and regulat- 
ing the proceedings therein together with Mr. Ormond, Mr. Blount, and 
Mr. Sinclaire do ])repare and bring in a Bill for Establishing County- 
Courts for enlarging their Jurisdiction and settling the proceedings 
therein. 

Ordered The said Committee together with Mr. Ormond, Mr. Blount, 
and Mr. Sinclaire do prepare and bring in the same. 

Mr. Jones moved that the House (tomorrow morning) resolve into a 
Committee of the whole House to consider as well on the Controverted 
Election of a Member for the Town of Newbern as also that for the 
County of Granville. 

Resolved, The House resolve into a Committee of the whole House 
for the Consideration of as well the C'ontroverted Election of a Member 
for Newbern as also for that of Granville County, And that the Writs 
with the Returns thereof be then Referred to the said Committee. 



COLONIAL RECORDS. 245 



Then the House Adjourned till tomorrow 10 o'Clock. 

Friday the 20"' December 1 754. The House met according to ad- 
journment. 

Mr. Hurst the petitioner complaining of an undue Election of a Mem- 
ber for Granville County appeared at the Bar of the House and avowed 
the Substance of the petition to be true. 

Mr. Jones presented a petition of several of the Inhabitants of the 
Town of Newbern setting forth that Mr. Davis Sheriff of Craven County 
having returned himself a Member to serve in this present Assembly 
and Mr. Jeremiah Vaile had several Votes at the said Election, Praying 
in Case Mr. Davis should be adjudged not Qualify'' this House would 
be pleased to Address his Excellency the Governor to order the Clerk of 
the Crown to issue a Writ for the Election of a Burgess for the said Town 
to sit and Vote in the present Assembly. 

This House agreeable to the Order of Yesterday have resolved into a 
Committee of the whole House to Consider as well on the Controverted 
Election of one of the Members for Granville County as on the Contro- 
verted Election of a Member for New Bern and Chose Mr. Starkey 
Chairman who was placed in the Chair Accordingly. 

After some time spent the Committee came to several Resolutions 
thereon which Mr. Chairman was directed to Report to the House 

Mr. Speaker resumed the Chair. 

Mr. Q'hairman reported that the Committee appointed had had under 
their Consideration the Matters relating to the Controverted Elections 
and came the following Resolutions to wit — 

That the Law does not allow of an Inquiry into the Facts contained 
in the said petition but at the time of the Election And that Mr. Robert 
Harris is duly Elected to serve in this present Assembly as a Member 
for Granville County. 

And that Mr. James Davis was not Qualifyed to serve as a Member 
for the Town of New Bern he having been Sheriff of Craven County 
at the time of his Election which he read in his place and then Delivered 
them in at the Table where they were again read and agreed to by the 
House. 

Mr. Jones movefl that his Excellency the Governor be addressed to 
Order the Clerk of the Crown to Issue a Writ for Electing a Member 
to serve in this present Assembly in the Room of the said Mr. James 
Davis to which Motion Mr. Swann objected and moved that Mr. Vail 
who had several Votes at the said Election be admitted a Member for 
the said Town in the Room of the said Mr. Davis on which the Ques- 
tion was put and carried by a Majority that his Excellency be Addressed 



246 COLONIAL RECORDS. 



Ordered His Excellency be addressed accordingly 

The Order of Yesterday being read That the fiouse resolve into a 
Committee of the whole House to Consider of Ways and means to raise 
the sum of eight thousand pounds for granting an Aid to His Majesty 
&c. 

Resolved That this House resolve into a Committee of the whole 
House to-morrow for the purpose aforesaid. 

Mr. Barker moved tiiat Mr. Blount, Mr. Harvey jun' Mr. Sumner, 
Mr. Harnett, Mr. Ashe, Mr. Sinclaire, Mr. Heron, Mr. Murden, Mr. 
Shergold, Mr. Lovick, Mr. Relfe, Mr. Whitmell, Mr. ^Yillianl Williams, 
Mr. Wynns, Mr. Caswell, Mr. Hardy, Mr. Bryan, Mr. Mackay, Mr. 
Swann jun', Mr. Carter, Mr. Moore, and Mr. Bell be added to the Com- 
mittee appointed to prepare and bring in a Bill for granting an Aid to 
his Majesty for the Defence of the Frontier of this Province and other 
purposes. 

Ordered That they be added accordingly. 

Ordered That Mr. Harvey and Mr. Ashe wait on his Excellency the 
Governor and acquaint him this House desire him to direct the Clerk of 
the Crown to Issue a writt for Electing a Member to s'tt and vote in 
this present Assembly for the Town of Newbern in the Room of Mr. 
James Davis. 

His Excellency sent for Answer that he would direct the Clerk of the 
Crown so to do. 

Then the House adjourned till to-morrow morning 9 "Clock. . 

Saturdav the 21" December 1754. The House met according to Ad- 
journment. 

Mr. Hardy moved for leave to be absent from the Service of the 
House until Tuesday next. r 

Ordered, That he have leave accordingly. 

Mr. Ashe presented a petition from several of the Inhabitants of New 
Hanover County Setting forth that the Court of New Hanover County 
having appointed a Ferry from the point of Marsh to the Mouth of the 
Thoroughfare and also another Ferry at a place called Mount Misery on 
the Nortli West Branch of Cape Fear River, 

Praying a Law may pass to oblige the Commissioners of the .several 
Districts adjoining the said Ferrys to cause sufficient Roads to be made 
to the same which was read And then Mr. Ashe moved for leave to pre- 
pare and bring in a Bill pursuant to the prayer of the said petition. 

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



COLONIAL RECORDS. 247 



Mr. Harnett presented a Petition from several of the Inlial^itants of 
the Town of Wilmington, Setting forth the many Hardships and disad- 
vantages they labour under by the Tanners being the means of lowering 
the price of Hides, Praying a Remedy. 

Ordered the same lye for Consideration. 

Mr. Bell moved for leave to bring a Bill for the Amendment of an 
Additional Act ta au Act concerning Roads and Ferrys. 

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

Mr. Starkey from the Committee of propositions and Grievances Re- 
ported that the said Committee had sat and had agreed to several propo- 
sitions which he read in his Place and was again read by the Clerk. 

Ordered, The same lye on the Table for Consideration 

Mr. Robert Jones Reported that the persons appointed had according 
to Order prepared an Address to iiis Majesty which he read in his place 
and then Delivered in at the Table where it was again Read and agreed 
to by the House 

To the Kings most Excell' Majesty. 

The Humble Address of the Assembly of N° Caroliua 
Most gracious Sovereign, 

We your Majesty's most Dutifull and Loyal Subjects the Members of 
Assembly of North Carolina now met in General Assembly return your 
Majesty our humble and hearty Thanks for your Paternal Care of the 
American Colonies in general And for the Arms you have been pleased 
to Order for the use of this Province in particular. 

We are truly sensible of your Majestys goodness in appointing his 
Excellency Arthur Dobbs Esq' to be our Governor whose zeal for your 
Majestys person and Service and endeavours to promote the happiness of 
the People have already rendered him highly acceptable to your Majestys 
Subjects in this Government. 

Our inviolable Attachment to your Majestys person and tlie Protest- 
ant Succession in your Royal Line will ever engage us chearfully to em- 
brace all opportunitys of demonstrating our duty and loyalty to your 
Majesty and of shewing an unalterable Resolution to prosecute such 
Measures as may at any time be necessary for your Majestys Service. 

We beg leave to express our utter detestation of a perfidious Scheme 
long since planned and now attempted to be carried into Execution by 
the French in open violation of the most Solemn Treaties have invaded 
your Majesty Territory in Virginia And not content with the Injuries 
perpetrated by themselves have spirited up the Indians in their Allian- 
ces to Massacre your Majestys Subject in that and several of the other 



248 COLONIAL RECORDS. 



provinces. Animated with a just resentment of these unwarrantable 
Outrages we have notwithstanding our Poverty and Indigences granted 
to your Majesty an additional Supply of Eight Thousand poitnds to 
enable his Excellency the Governor to Assist the other Governments in 
repelling those Intruders from their unjustifiable Encroachments on your 
Majestys Lands on Ohio : And to protect our own Frontiers. 

We are bound in Duty and Gratitude to return your Majesty our 
humble and sincere Thanks for having been graciously pleased to exam- 
ine the Constitution of this province and to repeal several Laws repug- 
nant thereto whereby the people by your Majestys Favour are restored 
to their Ancient Rights and Priviledges ; And the Contests which sub- 
sisted among us are happily terminated. 

We shall by a due Attention to everything relating to your Majestys 
Interest endeavour to Establish ourselves in your good opinion and hope 
to be favoured with the Continuance of your Majestys paternal Care 
and Royal protection. 

Ordered, That the said Address be fairly Engrossed which is done 
and is as follows and then the House resolved Nem. Con. That the said 
Address do stand for the Address of the House. 

Resolved, That Mr. Speaker with the House do attend his Excellency 
the Governor with the same Address and desire that he would cause the 
same to be laid before his Majesty. 

Mr. Barker moved that a Committee be appointed to prepare and 
bring a Bill to appoint an Agent to Sollicit the Affairs of this Province 
at the several Boards in England and the following Gentlemen were 
accordingly appointed (Viz') Mr. Barker, Mr. Ormond, Mr. Jones, Mr. 
Swaun, and Mr. Starkey. 

The House taking into Consideration the petition of Several of the 
Inhabitants of Wilmington preferred to the House this Day have or- 
dered that Mr. Starkey do prepare and bring in a Bill to repeal an Act 
Intituled an Act to prevent the Exportation of raw hides — pieces of 
hides and Calf Skins out of this Government. 

A petition of several of the Inhabitants of Granville County Com- 
plaining of the Hardships and Inconveniences they labour under by the 
present Situation of the Court House of the said County praying Relief 
&c. On which Mr. Barker moved for leave to bring in a Bill for 
removing the Court of Granville County. 

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

Resolved, That the Order of yesterday regarding the Committee of 
Ways and Means to raise the sum of Eight thousand pounds for grant- 
ing an Aid to his Majesty &c be adjourned to Monday next. 



COLONIAL RECORDS. 249 



On Motion made, 

Ordered, That Mr. Herpn and Mr. Blount do wait on his Exooliency 
the Governor to know when this House shall attend him with the Ad- 
dress of this House to his Majesty. 

His Excellency was pleased to return for answer he would receive them 
immediately. 

The House immediately waited on His Excellency the Governor with 
their Address to his Majesty and desired he would be pleased to cause 
the same to be laid before his Majesty. 

Mr. Speaker with the House returned and Mr. Speaker reported that 
the House has waited on his Excellency the Governor with their Address 
to the King and that his Excellency promised he would transmitt the said 
address to his Majesty by the first Opportunity. 

Then the House Adjourned till Monday morning 10 o'Clock. 

Monday the 23"* of December 1754. The House met according to 
adjournment. 

Mr. Thomas Weeks one of the Members for Perquimons County ap- 
peared took the Oaths by Law appointed for his Ciualification subscribed 
the Test and took his place in the House. 

His Excellency the Governor sent a Message to this House in Writing 
as follows, to wit 

Mr. Speaker and Gentlemen 

The Draft of a Plan of a Union betwixt the several Colonies agreed 
upon by the Commissioners who met at the Congress at Albany the IS"" 
June last having been by their Orders sent to the several Governors of 
each Province to be communicated to the Assemblies of each province 
for their Consideration Amendments or Approbation in Order to bring 
about so happy a Union and as his Majesty having Instructed me to 
promote a happy Union among the provinces for their General Union 
and Defence, 

I therefore lay the Plan transmitted here before you for your Consid- 
eration that you may Concurr with them or alter and amend the plan 
and represent to his Majesty what you think may be of more Benefit to 
the Colonies in fixing a Proper Quota for our General Defence and to 
submit it to his Majesty to lay a proportional sum upon each Colony 
according to their Wealth and Number. 

December 2P' 1754 ARTHUR DOBBS. 

Ordered The Consideration of the said plan be referred till tomorrow. 

Mr. Lovick moved for leave to absent himself from the service of the 
House until Saturday next. 



250 COLONIAL RECOEDS. 



Ordered lie have leave accordingly. 

Tlieu the House adjourned 'till 3 "Clock in .the Afternoon. 

P. M. The House met according to adjournment. 

The order of the Day being read that the House resolve into a Com- 
mittee of the whole House to Consider of Ways and Means to raise the 
sura of Eight Thousand pounds for granting an Aid to his Majesty &c. 

Resolved The House resolve into a Committee of the whole House to 
consider of Ways and Means to raise the sum of Eight thousand pounds 
for granting an Aid to his Majesty &c. 

Resolved into a Committee of the whole House to Consider of Ways 
and Means &c. after some time spent therein Mr. Speaker resumed the 
Chair. 

Mr. Chairman acquainted the Committee had come to the following 
Resolutions thereupon which they had directed him to Report to the 
House which he did and read the same in his Place and are as follows. 

Resolved that the most Eligible means for raising the sum of Eight 
thousand pounds proc. money by stamping and emitting the said sum in 
publick Bills of Creditt to be sunk by a poll Tax as will be must easy 
to the people to which the House agreed after having been again read by 
the Clerk. 

Mr. Jones moved that the Committee appointed to prepare and bring 
in a Bill for granting an Aid to his Majesty &c. may receive a Clause or 
Clauses to be added to the said Bill agreeable to the above Resolve. 

Ordered The said Committee do receive a Clause or Clauses agreeable 
to the aforementioned Resolve. 

Ordered That Mr. Thomas Whitmell be added to the Committee of 
Claims in the Room of Mr. Thomas Lovick who has obtained of the 
House [leave] to be absent till Saturday next and excused from that 
Service. 

Then the House adjourned till to-morrow morning 10 "Clock. 

Tuesday the'24"' December 1754. The House met according to ad- 
journment. 

The House adjourned till 3 "Clock in the Afternoon. 

P. M. The House met according to adjournment. 

Mr. Barker acquaiuled this House that he was appointed one of the 
Committee of publick Accompts and that he is uo Accomptant — There- 
fore moved that the House would Excuse him from that Service. 

Resolved That he be excused from that Service for the above Reason 
and that Mr. Cornelius Harnett be appointed of the said Committee in 
his Room. 



COLONIAL RECORDS. 251 



Mr. Jones acquainted the Plouse that the Committee ajjpointed to 
bring in a Bill for Establishing Supreme Courts of Justice, Oyer and 
Terminer and General Goal Delivery of North Carolina had prepared 
the same which he read in his place and Delivered the same in at the 
Table where the said Bill was again read by the Clerk and agreed to by 
the House. 

Ordered the same pass and be sent to the Council. 

Sent the same to the Council by Mr. Ash and Mr. Veal, 

His Excellency the Governor laid before this House Extracts of 
several of the Articles of his Instructions and a Letter from George 
Vaughan Esq'' Dated at Lisbon the 24"' of October 1754 for their Con- 
sideration. 

Ordered The same lye on the Table for Consideration 

The House having taken into Consideration the Plan of Union betwixt 
the several Colonies agreed upon by the Commissioners who met at tlie 
Congress at Albany the IG"" of June last &c. According to the Order of 
yesterday have 

Resolved That the Consideration of the said plan be referred to the 
next Session of Assembly and that in the mean time the printer print 
the same and Deliver a Copy thereof to each Member of the Assembly 
for their Mature Consideration thereof 

[*The plan of the Union was as follows, viz. : 

"It is proposed that humble application be made for an act of parlia- 
ment of Great Britain, by virtue of which one general government may 
be formed in America, including all the said colonies: [Massachusetts 
Bay, New Hampshire, Connecticut, Rhode Island, New York, New 
Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South 
Carolina] within and under which government, each colony may retain 
its present constitution, except in the particulars wherein a change may 
be directed by the said act, as hereafter follows: 

PRESIDENT GENERAL AND GRAND COUNCIL. 

That the said general government be administered by a President Gen- 
eral, to be appointed and supported Iw the crown, and a Grand Council, 
to be chosen by the representatives of the people of the several colonies', 
met in their respective assemblies. 

ELECTION OF MEMBERS. 

That within months after the passing of such act, the Houses of Rep- 
resentatives that happen to be sitting within that time, or that shall be 

*Minot's continuation of the History of Massachusetts Bay, Vol. 1, p. 191. 



252 COLONIAL RECORDS. 



especially for that purpose convened, may and shall choose members 
for the Grand Council in the following proportion, that is to say : 

Massachusetts Bay, 7 

New Hampshire, 2 

Connecticut, 5 

Rhode Island, 2 

New York, 4 

New Jersey, 3 

Pennsylvania, 6 

Maryland, 4 

Virginia, 7 " 

North Carolina, 4 

South Carolina, 4 

48 

PLACE OF FIRST MEETING. 

Who shall meet for the first time at the city of Philadelphia, in Penn- 
sylvania, being called by the President General as soon as conveniently 
may be after his appointment. 

NEW ELECTION. 

That there shall be a new election of the members of the Grand Coun- 
cil every three years; and on the death or resignation of any member, 
his place shall be supplied by a new choice, at the next sitting of the 
Assembly of the colony he represented. 

PROPORTION OF THE MEMBERS AFTER THE FIRST THREE YEARS. 

That after the first three years, when the proportion of money arising 
out of each colony to the genera! treasury can be known, the number of 
members to be chosen for each colony shall, from time to time, in all 
ensuing elections, be regulated by that proportion (yet so as that the num- 
ber to be chosen by any one province be not more tlian seven, nor less 
than two.) 

MEETINGS OF THE GRAND COUNCIL AND CALL. 

That the Grand Council shall meet once in every year, and oftener, if 
occasion require, at such time and place as they shall adjourn to at the 
last preceding meeting, or as they shall be called to meet at, by tiie Presi- 
dent General, on any emergency; he having first obtained in writing the 
consent of seven of the members to such call, and sent due and timely 
notice to the whole. 

CONTINUANCE. 

That the Grand Council have power to choose their Speaker: and 
shall neither be dissolved, prorogued, nor continued sitting longer than 



COLONIAL RECORDS. 253 



six weeks at one time; without tiieir own consent, or the special com- 
mand of the crown. 

members' attendance. 

That the members of the Grand Council shall be allowed for their 
services, ten shillings sterling per diem, during their session and journey 
to and from the place of meeting; twenty miles to be reckoned a day's 
journey. 

ASSENT OF PRESIDENT GENERAL AND HIS DUTY. 

That the assent of the President General be requisite to all acts of the 
Grand Council; and that it be his office and duty to cause them to be 
carried into execution. 

POWER OF PRESIDENT GENERAL AND GRAND COUNCIL TREATIES 

OF PEACE AND \rAR. 

That the President General, with the advice of the Grand Council, 
hold or direct all Indian treaties in which the general interest of the 
colonies may be concerned; and make peace or declare war with Indian 
nations. 

INDIAN TRADE. 

That they make such laws as they judge necessary for regulating all 
Indian trade. 

INDIAN PURCHASES. 

That they make all purcha-ses from the Indians for the Crown, of 
lands not now within the bounds of particular colonies, or that shall not 
be within their bounds, when some of them are reduced to more con- 
venient dimensions. 

NEW SETTLEMENTS. 

That tiiey make new settlements on such purchases by granting lauds 
in the King's name, reserving a quit-rent to the crown, for the use of 
the general treasiu-y. 

LAWS TO GOVERN THEM. 

That they make laws for regulating and governing such new settle- 
ments, till the crown shall think tit to form them into particular gov- 
ernments. 

RAISE SOLDIERS, AND EQUIP VES.SELS, &e. 

That they raise and pay soldiers, build forts for the defence of any of 
the colonies, and equip vesisels of force to guard the coasts and protect 
the trade on the ocean, lakes, or great rivers; but they shall not impress 
men in any colony, without the consent of the Legislature. 

POWER TO MAKE LAWS, LAY DUTIES, &c. 

That for these purposes they have power to make laws, and lay and 
levy such general duties, imposts, or taxes, as to them shall appear most 



254 COLONIAL RECORDS. 



equal and just (considering the ability and other circumstances of the 
inhabitants in the several colonies) and such as may be collected with the 
least inconvenience to the people; rather discouraging luxury, than load- 
ing industry with unnecessary burdens. 

GENERAL TREASURER AND PARTICULAR TREASURER. 

As they may appoint a general Treasurer and particular Treasurer in 
each government, when necessary; and from time to time may order the 
sums in tlie treasuries of each government into the general treasury, or 
draw on them for special payments, as they find most convenient. 

MONEY, HOW TO ISSUE. 

Yet no money to issue, but by joint orders of the President General 
and Grand Council, except where sums have been appropriated to par- 
ticular purposes, and the President General has been previously empow- 
ered by an act to draw for such sums. 

ACCOUNTS. 

That the general accounts shall be yearly settled, and reported to the 
several assemblies. 

QUORUM. 

Tiiat a quorum of the Grand Council, empowered to act with tiie 
President General, do consist of twenty-five members; among whom there 
shall be one or more from the majority of the colonies. 

LAWS TO BE TRANSMITTED. 

That the laws made by tliem for the purposes aforesaid, sliall not be 
repugnant, but, as near as may be, agreeable to the laws of England, and 
shall be transmitted to the King in Council, for approbation, as soon as 
may be after their passing; and if not disapproved within three years 
after presentation, to remain in force. 

DEATH OF THE PRESIDENT GENERAL. 

That in case of the death of the President General, the Speaker of 
the Grand Council for the time being shall succeed, and be vested with 
the same powers and authorities, to continue till the King's pleasure be 
known. 

OFFICERS, HO^V APPOINTED. 

That all military commission officers, whether for land or sea service, 
to act under this general constitution, shall be nominated by the Presi- 
dent General ; but the approbation of the Grand Council is to be obtained, 
before they receive their commissions. And all civil officers are to be 
nominated by the Grand Council, and to receive the President General's 
approbation before they officiate. 



COLONIAL KECOKDS. , 25r> 



VACANCIES, HOW SUPPLIED. 

But in case of vacancy, by death, or removal of any officer, civil or 
military, under this constitution, the Governor of the province in which 
such vacancy happens, may appoint til! the pleasure of the President 
General and Grand Council can be known. 

EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &c. 

That the particular military as well as civil establishments in each 
colony remain in their present state, the general constitution notwith- 
standing ; and that on sudden emergencies any colony may defend itself, 
and lay the accounts of expense thence arising before the President Gen- 
eral and Grand Council, who may allow and order payment of tiie same 
as far as they judge such accounts reasonable] 

Then the House Adjourned till Thursday the 26* Instant 3 "Clock in 
the Afternoon. 

Thursday the 26"^ December 1754. P. M. The House mett according 
to Adjournment. 

Mr. Harnett laid before the House the petition of several of the Offi- 
cers belonging to several Companies raised in this Province for the As- 
sistance of Colony of Virginia, 

Praying to be allowed the expences they were at in Recruiting &c 
which he read in his Place and the same was again read by the Clerk, 
viz. : 

[*To THE Hon'''^ Speaker and the Worshipfull Members of 
THE House of Burgesses, now Sitting at New Bern : 
The humble Petition of your Subscribers Sheweth : 
That whereas your Petitioners have Been at considerable Expences 
Recruiting their Respective Companies Lately Raised on his Majesty's 
Service on the Expedition In Virginia, as also at great expences while 
there and Returning home. And Whereas His Excellency the Gov"' and 
Colonel James Innes (by his letter) have left it to The Consideration of 
your House what sum should be allowed for said Expences We humbly 
Pray you'll be Pleas'd to take the same Into your Consideration and 
Grant us such Relief as you in your Wisdom shall see Meet. And your 
Petitioners Will ever Pray — 

CALEB GRAINGER, HU. WADDELL, 
EDW" VAIL, THOS. M°MANUS, 

ALEX' WOODROW, MOSES JN" DE ROSSET.] 

*MSS. Records in office of Secretary of Stale. 



256 COLONIAL RECORDS. 



Resolved, the same be referred to the Committee of Claims. 

Mr. Jones acquainted this House that the Committee aj)pointed to 
prepare and bring in a Bill for Establishing County Courts for Enlarg- 
ing tiieir Jurisdiction and settling the proceedings therein had prepared 
the same which he read in his place and Delivered the .same in at the 
Table where it was again read by the Clerk and ordered that the same 
pass and be sent to the Councill 

Sent the above Bill to the Council! by Mr. Caswell and Mr. Cade. 

Mr. Barker acquainted this House that the Committee appointed to 
prepare and bring in a Bill for appointing parishes and Vestries for the 
Encouragement of an Orthodox Clergy for the Advancement of the 
Protestant Religion and for the Direetiou of the Settlement of parish 
Accomt)ts had prepared the same which he read in his place and delivered 
the same in at the Table where it was again read. 

Ordered the same pass and be sent to the Councill 

Sent the same to the Councill by Mr. Spier and Mr. Bell. 

Then the House adjourned 'till tomorrow morning 10 "Clock. 

Friday the 27* of December 1754. The House met according to 
Adjournment 

The Clerk of the Crown laid before this House a Certificate of the 
return of a "VVritt for electing a Member for the Town of New Bern to 
serve in this present Assembly by which Return it appears that Mr. Sol- 
omon Rew is duly elected a Member for the said Town. 

Pursuant to which the said Solomon Rew appeared took the Oaths by 
Law appointed for his Qualification subscribed the Test and took his 
seat in tlie House. 

Mr. Harnett brought in a Bill pursuant to Order to repeal an Act 
intituled an Act to prevent the Exportation of Raw Hides, pieces of 
Hides and Calf Skins out of this Government which he read in his 
place and Delivered the same in at the Table where the same was again 
read and ordered to be sent to the Councill 

Sent the above Bill to the Councill by Mr. Harnett and Mr. Ashe. 

Mr. Barker acquainted, the House that the Committee appointed to 
prepare and bring in a Bill to appoint an Agent to represent and sollicit 
the Affairs of tliis province at the several Boards in England had pre- 
pared the same which he read in his place and Delivered in at tiie Table 
where it was again read by the Clerk, and 

Ordered to be sent to the Councill 



COLONIAL RECORDS. 257 



Sent the above Bill to the Conncill by Mr. Sam' Swann Jun' and Mr. 
Relfe. 

Received from the Conncill the Bill for Establishing County Courts 
for Enlarging their Jurisdiction and settling the proceeding therein. 

And the Bill for appointing parishes and Vestries for the Encourage- 
ment o£.the Orthodox Clergy for the Advancement of the protestant 
Religion &c. Endorsed the 26"" December 1754 In the Upper House 
read the first time and passed. 

Ordered the Bill for Establishing County Courts &c be read in the 
Afternoon a second time. 

Ordered that the Bill for appointing parishes and Vestries for the 
Encouragement of an Orthodox Clergy for the advancement of the 
protestant Religion &c. be read a second time. 

Read the same a second time and several Amendments were proposed 
thereto. 

Mr. Svvanu moved that the House resolve into a Committee of the 
Whole House to consider of the said Amendments in the said Bill pro- 
posed. 

The House resolved into a Committee of the whole House to consider 
of the Amendments in the said Bill proposed and chose Mr. Wyriott 
Ormond Chairman who was placed in the Chair accordingly. 

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

Mr. Chairman reported that the Committee had fully Considered of 
the Amendments pi'oposed and had agreed to several which he offered to 
the House 

Resolved the House receive them tomorrow morning. 

Received from the Conncill the following Bills (Viz') The Bill for 
Establishing the Supreme Courts of Justice Oyer and Terminer and 
General Goal Delivery of North Carolina. 

The Bill to appoint an Agent to represent and sollicit the Affairs of 
this province at the several Boards in England. 

The Bill to repeal an Act entitled an Act to prevent the Exportation 
of Raw Hides &c. Endorsed the 27'" December 1754. In the Upper 
House read the first time and passed 

Then the House adjourned till tomorrow morning 9 "Clock. 

Saturday 28"" December 1754. The House met according to Adjourn- 
ment. 

Pursuant to Order Mr. Ashe brought in a Bill for appointing the 
several Ferrys therein mentioned and for obliging the Commissioners of 
the several Districts to make Roads to the same which he read in his 



258 COLONIAL RECORDS. 



Place and was again read by the Clerk and ordered the same pass and 
be sent to the Council. 

Sent the above Bill to the Council by Mr. Ashe and Mr. Houston. 

Mr. Hutchins moved for leave to bring in a Bill to repeal an Act inti- 
tuled au act for destroying Vermin in this Province. 

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

Mr. Barker acquainted this House that the Committee appointed to 
bring in a Bill for granting an Aid to his Majesty for the Defence of the 
Frontier of this province and other Purposes had prepared the same 
which he read in his place and was again read by the Clerk and ordered 
the same pass and be sent to the Council. 

Sent the above Bill to the Councill by Mr. Harnett and Mr. Blount 

Mr. Ormond reported that the Committee of the Whole House to 
Consider of the several amendments proposed to the Bill for appointing 
parishes and Vestries &c Agreeable to the Order of yesterday had agreed 
to several Amendments to the said Bill which he read in his place and 
afterwards delivered them in at the Table when they were again read by 
the Clerk and agreed to by the House and Inserted in the Bill. 

Ordered the said Bill with the said Amendments be sent to the Councill 

Sent the Bill to the Councill with the said Amendments by Mr. Wil- 
liams and Mr. Hutchins. 

Mr. Barker pursuant to the Order of the 2P' Instant brought in a 
Bill for removing the Court of Granville County and for other purposes 
which he read in his place and was again read by the Clerk. 

Ordered the said Bill pass and be sent to the Councill. 

Sent the same to the Councill by Mr. Cade and Mr. Belt. 

Ordered the following Bills be read a second time (to wit) the Bill for 
Establishing the Supreme Courts of Justice &c, and the Bill for Estab- 
lishing the County Courts &c. 

The above said two Bills were accordingly read and several amend- 
ments proposed 

Then Mr. Swanu moved that the House this Afternoon resolve into a 
Committee of the whole House to take into Consideration the said Bills 
and Amendments. 

Resolved the House resolve into a Committee of the whole House in 
the afternoon to Consider of the said Bills and Amendments. 

Then the House adjourned till 3 o'Clock Afternoon. 

P. M. The House met according to adjournment. 

The House agreeable to the resolve of this Morning Resolved into a 
Committee of the whole House to Consider of the Bill for Establishing 
the Supreme Courts of Justice &c And also the Bill for Establishing the 



COLONIAL RECORDS. 259 



Ccninty Courts and the Amendments thereto proposed and unanimously 
Chose Mr. Ormond Chairman who was placed in the Chair Accordingly. 
After some time spent therein Mr. Speaker resumed the Chair. Mr. 
Ormond reported that the Committee of the whole House to Consider 
of the Bill for Establishing the Supreme Courts of Justice &c. and the 
Bill for establishing the County Courts ttc with the several Amendments 
proposed had the said Bills read and had considered thereof and proposed 
several Amendments whicii he was directed to report to the House. 

Resolved the House receive the same on Monday next. 

Then the House adjourn till Monday ^lorning 10 o'Clock. 

Monday the 30"* December 1754. The House met according to Ad- 
journment. 

On motion ordered the Bill for appointing the several Ferrys therein 
mentioned and for obliging the Commissioners of the several Districts to 
make Roads to the same be read a second time. Read the said Bill a 
second time and several Amendments were made thereto. 

Ordered the said Bill pass with the said Amendments and be sent to 
the Councill. 

Sent the above Bill with the Amendments to the Councill by Mr. Ashe 
and Mr. Caswell. 

Agreeable to the Order of Saturday last that the House would receive 
the Report of the Committee on the Bill for the Establishing of Supreme 
Courts of Justice &c. And the Bill for Establishing the County Courts 
&c. Mr. Ormond reported the Amendment to the said two Bills by the 
Committee proposed, which he read in his place and afterwards Deliv- 
ered the same with the said two Bills in at the Table where they were 
again read by the Clerk and agreed to by the House and Resolved 
that Mr. Jones, Mr. Barker and Mr. Swann wait on the Governor 
and lett his Excellency know that this House having under Consid- 
eration a Bill for Establishing the Supreme Courts of Justice Oyer 
and Terminer and General Goal delivery of North Carolina proposing 
the furtherance of Justice and making the Administration thereof more 
Speedy and Expeditious as well as less Expensive than heretofore hath 
been do desire his Excellency to Appoint and Ascertain proper Places 
for Erecting the said Courts at to the End that the Assembly may pro- 
ceed to perfect and pass the said Bill. 

Mr. Jones, Mr. Barker and Mr. Swann waited on his Excellency the 
Governor with the above Resolve who returned for Answer that he 
thought proper to appoint Newbern the place for holding the Supreme 
Court for the Counties of Craven, Carterett, Johnson, Beaufort, and 



260 COLONIAL RECORDS. 



Hide. And Edenton for the Counties of Currituck, Pasquotank, Per- 
quimons, Chowan, Bertie and Tyreli. Endfield for the Counties of 
Northampton, Edgcomb and Granville. Salisbury for tiie Counties of 
Rowan, Orange and Anson. And Wilmington for the Counties of New 
Hanovei', Bladen, Onslow Dupliug and Cumberland. 

Mr. Jones moved that the House would insert in the said Bill the 
above places for holding the several Supreme Courts of Justice in this 
province on which the question was put and carried in the affirmative. 

Resolved the same be Inserted in the said Bill which was accordingly 
done and ordered That the said Bill with the said places inserted be 
sent to the Councill together with the Bill for Establishing County Courts 
&c for enlarging their Jurisdictions &c And the Amendments thereto. 

Sent the said Two Bills with the amendments thereto to the Councill 
by Mr. Swann Jun' and Mr. Rew. 

On motion Ordered that the Bill to appoint an Agent to represent and 
sollicit the Affairs of this province at the several Boards in England be 
read a second time. Read the said Bill a second time. 

Ordered the same pass and be sent to the Councill with the said 
Amendments. 

Sent the said Bill to the Councill by Mr. Swann and Mr. Bell. 

Then the House adjourned till .3 "Clook Afternoon. 

P. M. The House met according to adjournment. 

Received from the Councill the Bill for granting an Aid to his Maj- 
esty for the Defence of the Frontier of this Province and other purposes. 
Endorsed the SO"" of December 1754 In the upper House read the first 
time and passed with amendments. 

On motion Ordered that the above Bill be read a second time — read 
the said Bill a second time 

Then Mr. Barker movQtl that the House resolve into a Committee of 
the whole House tomorrow to take the said Bill into Consideration. 

Resolved the House resolve into a Committee of the whole House to- 
morrow to take the said Bill into Consideration. 

Mr. Jones moved for leave to bring in a Bill to restrain the Exporta- 
tion of bad and unmerchantable Tobacco and for preventing Frauds in 
his Majestys Customs. 

Ordered he have leave and that he prepai'e and bring in the same. 

On motion Ordered that the Bill for removing the Court of Granville 
County and for other Purposes be read the second time, the same was 
accordingly read a second time. 

Then the Motion was made and the Question put whether the said Bill 
pass or not and was carried by a Majority in the Negative. 



COLONIAL RECORDS. 261 



Resolved the said Bill do not pass. 

Then the House adjourned till tomorrow morning 9 "Clock. 

Tuesday the 3P' of December 1754. The House met according to 
adjournment. 

Agreeable to the Order of Yesterday that the House resolve into a 
Committee of the whole House to take into Consideration the Bill for 
granting an Aid to his Majesty &c The House Resolved into a Commit- 
tee of the whole House and chose Mr. Barker Chairman — After some 
time spent tlierein several Amendments were proposed which Mr. Chair- 
man was directed to report to the House. 

Mr. Speaker resumed the Chair 

Mr. Barker acquainted this House that the Committee had gone 
through the Bill paragraph by paragraph and proposed several Amend- 
ments thereto which he Offered to the House. 

Resolved the House receive the said Bill with the proposed Amend- 
ment tomorrow. 

Received from the Councill the following Bills (Viz') 

The Bill for Establishing the Supreme Courts of Justice Oyer and 
Terminer, &c. 

The Bill for Establishing County Courts for enlarging their Jurisdic- 
tion &c. 

Endorsed 31" December 1754. In the upper House read tlie second 
time and passed with Amendments. 

The Bill for appointing Parishes and Vestries &c. Endorsed 30"" 
December 1754. In the upper House read the second time and passed 
with Amendments. 

On Motion ordered that the Bill for appointing Parishes and Vestries 
&c be read a third time The same was accordingly read a third time 
and after several Amendments made thereto 

Ordered the same pass and be sent to the Councill with the said 
Amendments together with tlie following Message 

Gentlemen of his Ma.iestys Hon"" Councill — 

On reading tlie Bill for appointing parishes and Vestrys &c We find 
several Amendments made by your House thereto — We agree to the fol- 
lowing (to wit) the Enacting the style of The Certificate to be produced 
by the Minister to be presented to any Parish and the Method of Re- 
covery of the five pounds for the Sheriff not summoning the Vestry- 
men. The other Amendments we cannot agree to and do Insist on 
our Amendments. 



262 COLONIAL RECORDS. 



On motiou Ordered the Bill to repeal an Act to prevent the Exporta- 
tion of Raw Hides pieces of Hides &c. be read a second time 

Read the said Bill a second time and passed and ordered to be sent to 
the Coiincill. 

Sent the above Bill to the Councill by Mr. Caswell and Mr. Rew 

Mr. Jones moved that the House would Excuse him from his Service 
on the Committee of publick Accompts he being appointed on several 
Committees to prepare sundry Bills therefore cannot attend the Com- 
mittee of Accompts. 

Ordered he be excused and that Mr. Heron be appointed in his stead 
and Mr. Heron is accordingly appointed. 

Then the House adjourned till tomorrow Morning 9 "Clock. 

[For Lower House Journals of succeeding days of the session, see 
A. D. 1755.— Editor.] 



1755. 

LEGISLATIVE JOURNALS— Continued. 

[In the Upper House] 

Wednesday 1^' January 1755. Met pursuant to adjournment 
Present 



f Matthew Rowan Fran' Corbin ~^ 
1 Jas Hasell Jo" Dawson 



mi TT H« Jas Murray John Swann -r, „ 

The Hon- j^^ ^^^^j,^ j^. j^^^^^^,^ Esq 

(^Jo° Rutherford Lewis De Roset J 
Mr. Rew & Mr. Caswell brought up the bill to repeal an Act Intitled 
an Act to prevent the Exportation of raw Hides, pieces of hides and 
Calf skins out of this Province. In the Assembly read the second time 
and passed with Amendments 

Mr. Rew and Mr. Caswell brought up the bill for appointing parishes 
& Vestrys for the Encouragem' of an Orthodox Clergy for the advance- 
ment of the Protestant Religion & for the direction of the settlement of 
Parish Accounts. In the Assembly read the tiiird time & passed with 
Amendments 

Mr. Caswell and Mr. Rew brought up the following Message. 

Gentlemen of his Ma.testys Hon"° Council 

On reading the bill for appointing parishes and vestrys We find sev- 
eral amendments made by your House thereto. 



COLONIAL, UECORDS. 26:'. 



We agree to the foUowiug (to wit) tlie enacting stile of tiie Certificate 
to he prodnced by tiie minister to be presented to any Parish and tlie 
method of recovering the five pounds for the sherit!' not Summoning 
the Vestrymen, the otiier Amenchu" we cant agree to & Do Insist on 
our Amendments. 

By order JOHN CAMPBELL Speak"- 

Will Heritage, C"". 

Tlio Bill for appointing parishes and Vestrys for the encouragement 
of an Orthodox Clergy for the Advancem' of the protestant Religion & 
for the direction of the Settlements of Parish Ace**. In the upper house 
read the third time and passed Nem Con. 

The Bill for to repeal an Act Intitled an Act to prevent the exporta- 
tion of Raw Hides pieces of hides and Calf skins out of this Govern- 
ment, lu the Upper House read the second time and passed 

The following message was sent to the other House (to wit) 

Mr. Speaker & Gentlemen of the Assembly 

The Bill for appointing Parishes and Vestrys for the Encouragement 
of an Orthodox Clergy for the Advancement of the Protestant Religion 
and for the direction of the Settlement of Parish Ace" has been read In 
the upper House the third time and passed In the same manner you have 
without Alteration. 

Then adjourned to three oClock P M. 

Met pursuant to adjournment present as before. 

Mr. Blount and Mr. Vail brought up a Bill for granting an aid to 
his Majesty for the defeuse of the Frontiers of this Province and other 
Purposes. In the Assembly read the second time and passed with 
amendm'' 

Mr. Hamer and Mr. Hutchings brought up a Bill to repeal an Act In- 
titled an Act for destroying Vermin In this Province In the Assembly 
read the first time & passed 

Mr. Sumner & Mr. Fontville Brought up a bill for securing the Jiay- 
raent of Quit Rents due to His Majesty & Earl Granville for Quieting 
the Freeholders in the possession of their Lands & for other purposes 
In the Assembly read the first time & passed. 

The Bill to repeal an Act Intitled an Act for destroying Vermin In 
this Province was i-ead in this House the first time & passed 

Mr. Brown & Mr. Shergold brought up a bill for establishing the 
supreme Courts of Justice Oyer & Terminer aud Gen' Goal Delivery of 
North Carolina. In the Assembly read the third time and passed with 
Amendments. 



264 COLONIAL RP^COllDS. 



The Bill for the payment of Quit Rents due to his Majesty & Earl 
Granville for Quieting the freeholders In the possession of their Lands 
and other purposes In the Upper House read the first time & passed 
with Ameudiu'^ 

Mr. Blount and Mr. Vail brought up a Bill for to restrain the expor- 
tation of bad and unmerchantable Tobacco, and for preventing frauds In 
his Majestys Customs. In the Assembly read the first time and passed 
In the Upper House read the first time & passed with Amendments. 

Then adjourned to 10 o'Clock tomorrow morning. 

Thursday Jan'' 2'' 1755 Met pursuant to Adjournment. 
Present 
f Matthew Rowan Fran' Corbiu 



The Hon"' < ^,^' JJ'"'^}^ ^C ^"'''''' \ Esq" 

J as Hasell Jo" Dawson j ' 

l^Jo" Rutherford Lewis De Roset J 

Mr. Ashe & Mr. Blount brought up a bill to repeal an Act Inlitled 
au Act to prevent the exportation of Raw Hides pieces of hides and 
calf skins out of this Government. In the Assembly read the third 
time and passal. 

Mr. Harvey & Mr. Swann brought up the bill for establishing 
County Courts for enlarging their Jurisdiction and setling their proceed- 
ings therein In the Assembly read the third time and passed with 
Amendments 

The Bill for establishing the su])reme Courts of Justice Oyeraud Ter- 
miner and Gen' Goal delivery of N" Carolina In the Upepr House 
read the third time and Passed ordered to be Engrossed. 

The Bill to repeal au Act Intituled an act to prevent the Exportation 
of raw Hides Pieces of Hydes and Calf skins out of this Government. 
In the Upper House read the third time ordered to be engrossed. 

Then adjourned to 3 o'Clock P M 

Met pursuant to adjournment present as befi)re. 

The Bill for establishing County Conns for enlarging their Jurisdic- 
tion & setling their Proceed^' therein. In the Upper House read the 
third time ordered to be engrossed. 

Then adjourned to 10 o'Clock iomorrow morning. 

Friday Jan^ 3* 1755. Met pursuant to adjournment. 
Present, 
r Matthew Rowan Frau' Corbin 

The Hou"''^ ' '^^'' ^^"'"'"''y Jo" Swanu 

' Ja° Hasell Jo" Dawson 

Jo" Rutherford Lewis De Roset 



COLONIAL KECOliDS. -AHrj 



Mr. Ashe & Mr. Conner broiiglit up the Kill for .sccuiiug the Payment 
of Quit Rents clue his Majesty and Earl Granville for quieting the 
freeholders in possession of their Lauds & for other purposes In the 
Assembly read the second time & passed w"" amendni'* 

Mr. Ashe & Mr. Conner brought up the Bill for the Better Regulat- 
ing the Militia In the Assembly read the first time & passetl. 

Tiie following message was sent to the Assembly viz 

Mr. Speaker and Gentlemen op the Assembly, 

On reading the bill for appointing the several ferrys therein men- 
tioned and for obligeing Commissioners of the Several districts to njake 
roads to the same we find in y' last amendment you have left the direc- 
tion of the working on the said Road and the granting Certificates to 
the people working therein to the Commissioners of the district or any 
two of them We therefore propose that instead thereof should be in- 
serted the Commissioners of the district or the majority of them If 
you approve thereof please to send two of your Members to see such 
Alterations made. 

Rec'' from the assembly the following message 

Concurred with and have sent Mr. Ashe & Mr. Haraer to see the 
said Ameudm" made By order. JO" CAMPBELL Speak"' 

Will Heritage C"'. 

Mr. Rew & Mr. Hutchins brought up a bill to provide Indifferent 
Jurymen In all causes Criminal and Civil & for an Allowance for the 
attendance of Jurers Attending at the supreme Courts of Justice. In 
the Assembly read the first time and passed. 

Mr. Ashe & Mr. Rew brought up the Bill to prevent malicious maim- 
ing & wounding. In the Assembly read the first time & passed. 

The Bill for appointing the several Ferrys therein mentioned and for 
obliging tiie commissioners of the several districts to make roads to the 
same. In the Upper House read the third time & passed Neni: Con: 
Ordered to be Engrossed 

Then adjourned to 3 O'clock P. M. 

Met pursuant to adjournment present as before. 

The Bill to provide Indifferent Jurymen in all causes Criminal or 
Civil and for the Allowance for the Attendance of Jurors Attending at 
the Supreme Courts of Justice. In the Upper House read the first 
time and passed. 

Vol. 5—12 



266 COLONIAL RECORDS. 



The Bill for the Better Regulation of the Militia In the Upper 
House read the first time and passed. 

The Bill to prevent malicious maiming and wounding In the Upper 
House read the fitst time and passed. 

The bill for granting an aid to his Majesty for the Defense of the 
frontier of this Province & other purposes. In the Upper House read 
the Second time and j)assed with Amendments. 

Mr. Harris & Mr. Hamer brought up a Bill to amend an Additional 
Act Intitled an Act Concerning roads & ferrys. In the Assembly read 
the first time & passed. 

Mr. Harriss & Mr. Hamer brought up a Bill to restrain the Expor- 
tation of bad unmercljantable Tobacco and for preventing frauds In his 
Majestys Customs. In the Assembly read the second time and passed 
with Amendm*^. 

The bill to amend an additional Act Intitled an Act Concerning roads 
& ferrys. In the upper House read & ordered to lye on the table till 
tomorrow morning. 

Then adjourned to ten "Clock [to-morrow morning] 

Saturday 4"" Jan'y 1755. Met pursuant to adjournm' 

Present 

r Matthew Rowan Fran' Coi-bin ^ 

mi TT biP James Murray John Swann j-, „ 

The Hon"'"- t tr n t n t-i > Esq" 

James Hasell Jo" Dawson ( ' 

l^John Rutherford Lewis DeRosetJ 

The House took under their consideration the bill to amend an addi- 
tional Act Intitled an Act Concerning roads & ferrys & was rejected. 

The bill to Restrain the Exportation of bad & Unmerchantable To- 
bacco & for preventing frauds lu his Majestys Customs. In the upper 
House read the Second time & passed with Amendments. 

The bill for granting an aid to his Majesty for the Defense of the 
frontier of this Province and other purposes was read and ordered to lye 
on the table to the evening. 

Mr. Carter and Mr. Sumner brought up a bill for Inspecting Beef, 
Pork, Rice, Indigo, Tar, pitch, Turpentine & Lumber. In the Assem- 
bly read the second time & passed. 

Mr. Cade and Mr. Payne brought the bill to prevent malicious niaim- 
iuu and wounding. In the Assembly read the second time & passed with 
amendments. 

Then adjourned to 3 O'clock. P M. 

Met pursuant to adjournment Present as before. 



COLONIAL RECORDS. 267 



The bill to prevent malicious maiming and wounding Li the tipper 
House read the seeond time and [lassed. 

The Bill for Inspecting Beef, Pork, Rice, Indigo, Tar, Pitch, Turpen- 
tine & Lumber. In the Upper House read the first Time and ])assed. 

Mr. Caswell & Mr. Hamer brought up the bill to restrain the Exporta- 
tion of bad & unmerchantable Tobacco and for preventing frauds In 
his Majestys Customs. In the Assembly read the tliird time tt |)asse<.l. 

Mr. Caswell & Mr. Hamer brought up the bill for the better regulat- 
ing the militia. In the Assembly read the second time and passed with 
amendments 

The Bill for granting an aid to his Majesty for the defense of the 
frontier of this Province and other purposes which was ordered to lye 
on the Table to the Evening this House took under Consideration and 
sent the following message, Viz' 

Me. Speaker and Gen' of the Assembly 

On reading the third time the bill for granting an aid to his Majesty 
we find we cannot agree to pass the Bill in the manner you have sent it 
to us therefore we propose the following Amendments Viz' that the eight 
thousand pounds be made up out of the six thousand pounds for the 
founding and endowing a Publick School and two thousand pounds out of 
the moneys appropriated for building a Fort at or near Occacock called 
fort Granville not hitherto applyed that the Governor may have the dis- 
posal of the said eight thousand pounds as may be most effectual for his 
Majestys service Agreable to the Intent of the said Bill if you agree to 
those Amendments send up two of your members to see the Bill altered 
accordingly 

Then adjourned to Monday (3"" Jan^ 1755 

Monday (3"' January 1755. Met pursuant to adjournment. 
Present. 
Matthew Rowan Fran' Corbin^ 



The Hon"" ' '^^'"'^* Murray Jo" Swann ( ^ 

] James Hasell Jo" Dawson | .' i 

1^ John Rutherford J 

Mr. Hardy and Mr. Spiers brought up a l)ill for ascertaining a proper 
place for building thereat a Court House Prison pillory stocks for the 
County of Beaufort. In the Assembly read the first time ct passed 

Mr. Hardy & Mr. Spier brought up a bill for granting his Majestv a 
duty upon the tonage of Ships and Other Vessells coming into this 
Province for the purposes therein mentioned. In the Asseniblv read the 
first time and passed. 



268 COLONIAL RECORDS. 



Mr. Isaac Joues & Mr. Shergold brought up a bill for raising a Fund 
for paying the Salaries of the Chief Justice & Attorney Gen' and for 
other purposes. In the Assembly read the first time and passed. 

The Bill for securing the Payment of Quit Rents due to his Majesty 
and Earl Granville for Quieting the Freeholders in the Possession of 
their Lands and for other Purposes. In the Upper House read the 
second time and passed with Amendm'' 

" The Bill for raising a fund for Paying the Salaries of the Chief Jus- 
tice and Attorny Gen' and other purposes. In the upper House read 
the first time & passed. 

The Bill for granting to his Majesty a Duty upon the Tonage of Ships 
& other Vessells coming into, this Province for the purposes therein men- 
tioned In the upper House read the first time and passed. 

The Bill for ascertaining a proper place for building thereat a Court 
House Prison pillory & Stocks for the County of Beaufort. In the 
upper House read the first time & passed. 

The Bill for the better regulation of the Militia. In the upper House 
read the second time & passed with amendments. 

Mr. Heron and Mr. Harvey brought up a Message from the other 
House w*" was read and is as follows 

Gen' of his Ma.jesty.s Hon'''' Couxcil, 

By your message of the fourtli lus' we observe that you propose 
amendm*^ to the Bill for granting an aid to iiis Majesty &c viz' That the 
£8000 be made up out of the £6000 for the founding and endowing a 
Publick school & £2000 out of the moneys appropriated for building a 
Fort at or near Ocacock called Fort Granville not yet applied and [give] 
the Gov"' tiie Disposal of the said eight thousand pounds in the most 
effectual manner for his Majestys service According to the Direction of the 
said Bill upon consideration of whicii this House have resolved that They 
do Consent to the first Amendments by you proposed & Disagree to the 
Second That they cannot receede from their Amendments to the said Bill 
Whereof a Discretionary power is given to the Governor either to raise 
recruits with.the five thousand pounds in the Bill mentioned for that 
purpo.se to be sent to Ohio, or remit the same in Provision for accomo- 
dating his Majestys Troops Already ordered to serve there as shall seem 
most Convenient for his Majestys service. 

By Order J"" CAMPBELL Speak' 

WiTJ.IAM HeRRITAOE C"* 

Then adjourned till 3 o'clock P. M. 



COLONIAL RECORDS. 269 



Met pursuant to adjournment Present as before. 

Sent a message to the Assembly which was as follows. Viz' 

Mk. Speaker and Gentlemen of the Assembly, 

We agree to your amendments proposed by your message by Mr. Her- 
ron & Mr. Harvey and desire you to send us two of your members to 
see the same Inserted In the Bill for Granting an Aid to his Majesty. 

Mr. Harnett & Mr. Ashe did see the same amendments made. 

The Bill for granting an aid to his Majesty for the Defense of the 
Frontier of this Province and other purposes. In the upper House read 
the third time & passed Nem Con & ordered to be Engrossed 

The Bill to prevent malicious maiming & wounding In the upper 
House read the third time & passed. Nem Con & ordered to be engrossed 

Mr. Relf Si Mr. Houston Brought up a Bill to provide Indifferent 
Jurymen in all causes Criminal and Civil and for an allowance for the 
attendance of Jurors attending at the Supreme Courts of Justice In 
the assembly read the second time & passed with Amendments. 

Mr. Relf and Mr. Spier brought up a Bill for Inspecting Beef Pork 
Rice Indigo, Tar, Pitch Turpentine & Lumber In the Assembly read 
the second time and passed with Amendments 

The Bill to restrain the exportation of bad and unmerchantable Tobacco 
& for Preventing frauds in his Majestys Customs In the Upper House 
read the third time and passed Nem Con Ordered to be engrossed. 

Then adjourned to tomorrow morning 9 o'clock 

Tuesday 7"" Januaiy 1755 Met pursuant to adjournment. 
Present 
Matthew Rowan Jo" Rutherford 



The Hon"' -' '^''^"^^^ Murray Fran' Corbin | -^ 
] James Hasell Jo" Swann j ' * 

1^ Jo" Dawson J 

Mr. Ashe& Mr. Harnett brought up the Bill for the better Regulating 
the militia sent a message to the Assembly which was as follows Viz' 

Mr. Speaker and Gentlemen of the Assembly 

We find on a third reading of the militia Bill a clause Inserted by 
you for exempting the people called Quakers from appearing at any 
muster provided with arms accoutrements & amunition That those 
people may be of some service and deserve the Indulgence given them, 
We propose that they shall be obliged to muster as other Pioneers with 
a good axe spade shovel or Hoe to which Amendments we desire your 
Concurrence and that you'll be pleased to send two of your members to 
see the same Inserted 



270 COLONIAL RECOEDS. 



Mr. Rew and Mr. Fontville brought np a Bill for securing the Pay- 
ment of Quit Rents due to his Majesty and Earl Granville for quieting 
the Freeholders In the Possession of their Lands and for other Pur- 
poses. In the Assembly read the third time and passed with Amend- 
ments. 

Mr. Rew and Mr. Fontville brought up a Bill to Confirm an agree- 
ment by the present Church Wardens and Vestry of Christ Church 
Parish in Craven County, with the Rev'' James Reed. In the Assembly 
read the first time and passed 

Mr. Vail and Mr. Herron brought up a Bill to facilitate the raising 
recruits to serve his Majesty in the intended Expedition against the 
French on the Ohio & Guarding the Frontier of this Province In the 
Assembly read tlie first time and passed. 

Mr. Vail and Mr. Herron brought a bill for appointing Commissioners 
to revise the Laws. In the Assembly read the first time and passed. 

The Bill to provide Indifferent Jurymen in all causes Criminal & 
Civil and for an allowance for the attendance of Jurors attending at the 
Supreme C'ourts of Justice In the Upper House read the second time 
and passed with Amendments. 

The Bill for securing the payment of Quit Rents due his Majesty & 
Earl Granville for Quieting the Freeholders in the possession of their 
Lands and for other purposes In the LTpper House read the third time 
and passed Ordered to be Engrossed. 

The Bill to confirm an agreement made by the present Church War- 
dens & Vestry of Christ Cluirch Parish in Craven County with the Rev'' 
James Reed In the upper House read the first time and passed. 

Tlie Bill to appoint Commiss" to revise the Laws In the upper 
House read the first time and passed. 

The Bill to facilitate the raising recruits to serve his Majesty in the 
Entended Expedition &c. In the upper House read the first time and 
Passed. 

Then adjourned to 3 O'clock P. M. 

Met pursuant to adjournment Present as before the Hon"' Jo° Daw- 
son Excepted 

Mr. Harvey & Mr. Relf brought up the following message 

Gen' of his Majestys Hon'"'' Council 

This House having taken your message of this day regarding the 
amendments proposed by yours to the bill for the better Regulating the 



COLONIAL RECORDS. 271 



militia under Consideration have resolv'd that they cannot agree to the 
Amendm" proposed by your House nor recede from their own. 

By order JOHN CAMPBELL Speaker 

W" Heritage C'"'. 

The bill for the better regulating the Militia In the upper House 
read the third time and rejected. 

Mr. Spier and Mr. Sutton brought up a bill for ascertaining a proper 
place for building thereat a Court House Prison Pillory <t Stocks for 
the County of Beaufort. In the Assembly read the second time and 
Passed. 

Mr. Spier and Mr. Sutton brought up the Bill to establish a publick 
Ferry from Newbys point to Philips's point whereon the Court House 
now stands on Pequinion River. In the Assembly read the first time 
and passed. 

The Bill to establish a publick Ferry from Newbys point to Philips 
Point whereon the Court House now stands on Pequimon River In the 
Upper House read the first time and passed. 

Mr. Brice and Mr. Connor brought up the Bill to confirm an agreem' 
made by the Present Church Wardens and Vestry of Christ Church in 
Craveu County with the Rev* Ja° Reed. In the Assembly read the 
second time and passed. 

Mr. Brice and Mr. Connor brought the bill to facilitate the raising 
Recruits to serve his Majesty In the intended expedition against the 
French on the Ohio & guarding the Frontier of this Province. In the 
Assembly read the second time & passed. 

Mr. Brice & Mr. Connor brought up a bill for raising a Fund for 
paying the salaries of the Chief Justice and Attorney Gen' and for other 
purposes. In the Assembly read the second time and passed. 

Then adjourned to 10 o'clock tomorrow morning 

Wednesday 8"" January 1755 Met pursuant to adjournment , 
Present. 

{Matthew Rowan Fran' Corbin "j 
James Murray John Swann > Esq'' 
James Hasell j 

The Bill for confirming an agreement made by the present Church 
wardens & Vestry of Christ Church Parish In Craveu County with the 
Rev'' James Reed. In the upper House read the second time and passed 
The Bill for raising a fund for paying the salaries of the Chief Jus- 
tice, Attorney General and other purposes In the upper House read the 
second time and passed with amendments 



272 COLONIAL RECORDS. 



Mr. Hutchins and Mr. Houston brought in a Bill to amend an Act 
Intitled an Act for Destroying Vermin in this Province In the As- 
sembly read the first time and passed. 

Mr. Hutchins and Mr. Houston brought up a Bill to provide Indif- 
ferent Jurymen In all causes Criminal and Civil and for an Allowance 
for the attending of Jurors Attending at the Supreme Court of Justice 
In the Assembly read the third time and passed with amendm** 

Mr. Houston and Mr. Rew brought up a Bill for Granting to his 
Majesty a Duty upon the Tonage of Ships & other Vessells coming into 
this Province for the purpose therein mentioned In the Assembly read 
the secimd time and passed with Amendments. 

Mr. Houston & Mr. Rew brought up the Bill for raising a Fund for 
Paying the Salaries of the Chief Justice and Attorney General and for 
other purposes. In the Assem'bly read the third time and passed 

Mr. Fontville & Mr. Harvey brought up a bill to confirm an agree- 
ment made by the present Church Wardens & Vestry of Christ Church 
parish in Craven County with the Rev* Jas Reed. In the Assembly 
read the third time & passed 

Mr. Fontville brought up a Bill to establish a publick ferry from 
Newbys Point to Philip's point whereon the Court House now stands at 
Pequimon River In tiie Assembly read the second time & passed 

Mr. Fontville and Mr. Harvey brought up a Bill for Appointing 
Com" to revise the Laws In the Assembly read the second time. 

The Bill for Commissioners to revise the Laws. In the upper House 
read the second time and ordered to lye on the table to the 20"" Jan^ for 
Further Consideration. 

The Bill to amend an Act Intitled an Act for Destroying Vermin in 
this Province. In the upper House read the first time and passed. 

The Bill for Inspecting Beef Pork Rice Indigo Tar Pitch Turpen- 
tine & Lumber. In the Assembly read the second time & passed with 
Amendm'^ 

The Bill for ascertaining a proper place for building thereat a Court 
House Pillory &c. In the Upper House read the second time and passed 
with Amendments. 

Rec* a message from the Assembly sent by Mr. Harvey & Mr. Heron 
which is as follows 

Tuesday 7'" Jan^ 1756. In the Assembly. 
Resolved that the sum of four Hundred and four Pounds fourteen 
shillings and four pence Sterl^ be reimbursed to his Excellency out of 
the Treasury. 



COLONIAL RECORDS. 273 



And also the further sum of two hundred pounds prock mouey be 
advanced by the Treasurer to such person as his Exeell^ shall order to 
receive the same to be employed In the Encouragement & Carrying on 
the silk manufacture as he shall Direct 

By order JO" CAMPBELL Speaker 

William Heritage C"'°. 

Gent : of his Majestys Hon"' Council, 

The above resolve of this House we send you for Concurrence. 

By order J'" CAMPBELL Speaker. 

1 Will" Heritage C"''. 

To which the upper House sent the following. 

In the upper House 
The above resolve of the assembly was Unanimously concurred with 

Bv order MATTHEW ROWAN 

Hu: Waddell C C'"' 

The Bill to provide Indifferent Jurymen In all causes Criminal and 
Civil and for an Allowance for the Attendance of Jurors Attending At 
the Supreme Courts of Justice In the Upper House read the third time 
& passed ordered to be Engrossed. 

The Bill for granting to his Majesty a duty upon the Tonage of Siiips 
and other Vessells Coming into this Province for the purpose therein 
mention'd. In the upper House read the second time & passed with 
Amendments. 

The Bill to facilitate the raising recruits to serve his Majesty in the 
intended expedition against the French on the Ohio and Guarding the 
Frontier of this Province In tlie upper House read the second time & 
passed. 

Then Adjourned to 10 O'C'lock Tomorrow morning. 

Thursday 9"" January 1755. Met pursuant to adjournment. 
Present. 
( Matthew Rowan Jo" Rutherford "i 
The Hon"V James Murray Fran' Corbin ^Esq" 
( James Hasell j 

Mr. Williams and Mr. Harris brought up a Bill to amend an Act 
Intitled an Act for destroying Vermin in this Province. In the As- 
sembly read the second time & passed. 

Mr. Williams and Mr. Harris brought up a Bill for ascertaining a 
proper place for building thereat a Court House prison pillory & Stocks 



274 COLONIAL RECORDS. 



for the County of Beaufort. In the Assembly read the third time & 
passed witli Amendments 

Mr. Williams and Mr. Harris brought up a Bill to Encourage the 
emportation of Gold Silver & Copper Coins in this Province In the 
Assembly read the third time & passed. 

Mr. Caswell & Mr. Payne brought up the Bill to facilitate the raising 
recruits to serve his Majesty on the Entended Expedition against the 
French on the Ohio and Guarding the Frontier of this Province. In 
the Assembly read the third time & passed wit^ Amendments 

Mr. Caswell & Mr. Payne brought up the bill to establish a Publick 
Ferry from Newbys point to Piiilips Point whereon the Court House 
now stands on Pequimon River In the Assembly read the third time 



Mr. Caswell and Mr. Payne brought up the bill for granting to his 
Majesty a Duty upon the Tonnage of Ships and other Vessels com- 
ing into this Province for the purpose therein mentioned In the Assem- 
bly read the third time & passed with Amendments 

The bill to Confirm an agreement made by the present church wardens 
& Vestry of Christ Church Parish in Craven County with the rev'' 
James Reed. In the upper House read the third time & passed. Ordered 
to be Engrossed. 

Mr. Williams and Mr. Harris brought up the Bill for Inspecting 
Beef, Pork, rice Indigo Tar, Pitch Turpentine & Lumber. In the 
Assembly read the third time & passed with Amendm*" 

The Bill for granting to his Majesty a duty upon the Tonnage of Ships 
and other Vessels coming into this Province for the purpose therein 
mentioned. In the Upper House read the third time & passed ordered 
to be Engrossed. 

On reading the Bill for Inspecting beef Pork &c the following mes- 
sage was sent to the Assembly viz' 

Mr. Speaker and Gent: of the Assembly, 

In reading a third time the Bill fur Inspecting Beef Pork &c We 
think proper to reinsert in its place the annexed Clause we there- 
fore desire you to send two of .your Members to see the same done and 
otherwise we cant pass the Bill. 

The Clause. 

Provided that every Inspector heretofore appointed or that shall here- 
after be appointed who resides at the place of his Inspection and faithfully 
performs the office of Inspector according to the directions of this Act 
shall not be removed from his Office anything in this to the Contrary 
Notwithstanding. 



COLONIAL RECORDS. 275 



The bill for ascertaining a proper place for building thereat a Court 
House Prison Pillory & Stocks for the County of Beaufort. In the 
Assembly read the third time & passed ordered to be Engrossed 

The Bill to amend an Act Intitled an Act for destroying Vermin In 
this Province In the Upper House read the second time and passed. 

The Bill to facilitate the raising recruits to serve his Majesty in the 
Intended Expedition against the French on the Ohio & Guarding the 
Frontiers of this Province In the Upper House read the third time & 
passed Ordered to be Engrossed. 

The Bill for establishing a publick ferry from Newbys point to Philips 
point where the Court House now stands on Pequimon River. In the 
Upper House read the third time & passed. Ordered to be Engrossed. 

The Bill to encourage the Importation of Gold, Silver and Copper 
Coins into this Province. In the Upper House read the first time & 
passed. 

Theu adjourned to 3 oelock P. M. 

Met pursuant to adjournm' present as before the Hon"' Jo° Swann 
Esq" excepted 

Mr. Shergold brought up the following message In answer to Ours 

Gentlemen op His Majehtys Hon'" Council 

By your message of this day we find you propose a clause therein men- 
tioned to be added to the Bill for Inspecting Beef Pork &c which Amend- 
ments on tiie third reading of the Bill this House disagreed to from 
which disagreement we Cannot recede from 

By order JO" CAMPBELL Speak' 

Will™ Heritage C"'° 

The Bill for Inspecting Beef, Pork, Rice Indigo, Tar, Pitch Turpen- 
tine & Lumber. In the Upper House read the third time and Rejected. 

Mr. Sheregold and Mr. Brevard brought up tlie Bill to amend an Act 
Intitled An Act for destroying Vermin in tliis Province. In the Assem- 
bly read the third time & passed. 

Mr. Shergold and Mr. Brevard brought up the bill to encourage the 
Importation of Gold, Silver and Copper Coin into this Province In 
the Assembly read the second time and passed 

Then adjourned to 10 OCloek tomorrow morning 

Fryday 10"" January. Met pursuant to adjournment 
Present, 
r Matthew Rowan John Rutherford 

The Hon"" <; James Murray Francis Corbin J^Esq'' 

I James Hasell 



276 COLONIAL RECORDS. 



The Bill to amend an Act Intitled an Act for destroying Vermin In 
this Province. In the upper House read the third time & passed Or- 
dered to be Engrossed. 

The Bill to encourage the Importation of Gold Silver & Copper Coins 
into this Province In the Upper House read the second time & Ordered 
to Lye on the Table to the 20* Jan^ 

This House sent a Message to the Assembly which was as follows. 

Mr. Speaker and Gen' of the Assembly, 

On reading a third time the Bill for raising a fund for paying the 
salaries of the Chief Justice and Attorney Gen' and for other purposes 
We think it necessary that the tax therein mentioned be Continued for 
four years Instead of two as the bill now stands and that the Annexed 
clause be added to the Bill, if you approve thereof send two of your 
members to see the same amendments made accordingly 

And Whereas the sum of two thousand eight Hundred pounds was 
appropriated for & toward the Contingent Charges of Government by 
an Act passed In the year 1754 Intitled an Act for granting to his Maj- 
esty the sum of forty thousand pounds In pnblick Bills of Credit at the 
rate of Proclamation money to be applyed toward defraying the Expence 
of Raising & Subsisting the Forces for his Majestys service in this Prov- 
ince to be sent to the Assistance of his Majestys Colony of Virginia & 
for other purposes therein mentioned, Under certain restrictions in the 
said Act mentioned, and Whereas it is absolutely necessary for his Maj- 
estys Service and for the support for the Credit of this Province that the 
said sum of 2800 pounds should be immediately Issued for the Contin- 
gent charges of Government there being at present no money in the pub- 
lick Treasury for that purpose. Be it therefore enacted by the Author- 
ity aforesaid that the said sum of 2800 pounds shall be Immediately 
Issued by the publick Treasurer for the uses & purposes In this Act men- 
tioned and shall be replaced by the Tax herein before Imposed & Re- 
served in the hands of the publick Treasurer until His Majestys Royal 
approbation of the before recited Act be known. 

Mr. Vail & Mr. Swann brought up the following message. 
Gentlemen of his Majestys Hon"° Council, 

This House have appointed Mr. Jones Mr. Swann Mr. Barker Mr. 
Sam' Swann Jun' and Mr. Herron Members of this House to Com- 
pare the Engrossed Bills with those Bills which passed both Houses this 
session In Conjunction with such Gentlemen of the Council as yon 
shall think fit to Appoint. By order 

Will-" Heritage C"'^ JNO CAMPBELL Speaker 



COLONIAL RECORDS. 277 



This Houie took the message of to day relative to the appointing 
Members to Compare the Engrossed Bills under their Consideration and 
have appointed the Hon"" James Murray and Francis Corbin Esq" to 
see the same done 

Then adjourned to 3 o'Clock P. M. 

Mr. Ormond and Mr. Herron brought up tiie following message in 
Answer to ours of to day Viz' 

Gentlemen of his Majestys Hon*"'' Council. 

This House taking into Consideration your Message of to day with 
the Amendments therein Proposed to the Bill for raising a Fund for 
paying tiie salaries of the Chief Justice and Attorney Gen' &c Do Con- 
sent tiiat you make the said Amendments thereto and sent Mr. Ormond 
& Mr. Herron to see the same done By. Order 

JO" CAMPBELL Speaker 

Will" HEPaxAGE C"'^ 

Mr. Ormond and Mr. Herron came up and saw the same Inserted 
accordingly 

The Bill for raising a Fund for paying the salaries of the Chief Jus- 
tice & AW General & for other purposes. In the Upper House read 
the third time & passed Nem Con : Ordered to be Engrossed. 

Then adjourned to 10 Oclock Tomorrow Morning 

Saturday ll* January 1755 Met pursuant to adjournment. 
Present. 
( Matthew Rowan John Rutherford 1 
The Hon"' ■( James Murray Fran' Corbin VEsq" 
( James Hasell j 

Then adjourned to Monday morning 10 o'clock 

Monday 15"" Janu-*' 1755. Met pursuant to adjournment 
Present 
r Matthew Rowan Jo" Rutherford ^ 
The Hon"' < Jas Murray Francis Corbin > Esq" 

( Jas Hasell j 

Mr. Herriu and Mr. Houston brought a message from the other 
House which was as follows 

Gentlemen of his Ma.jesties Hon"" Council, 

This House have resolved that the sum of nine Hundred and fifty 
eight pounds one shill^ & four pence paid in on the Sinking Fund to the 
Committee of Pnblick Ace" and also the sum of two thousand and 



278 COLONIAL RECORDS. 



thirty pounds ten shillings & three pence old Bills delivered by several 
Claimants to the Committee of Claims this session be burnt a Munday 
morning at a 11 oClock, and have appointed a Committee of this House 
in Conjunction with such of your Honours as you shall think fit to 
Appoint to see the same done By order 

JN° CAMPBELL Speaker 
W" Heritage C"'' 

To which this House sent the following Message 

Mr. Speaker & Gentlemen of the Assembly, 

Your message of the 11* signifying that you had appointed a Com- 
mittee of your House to see the sums of old and New Bills therein 
mentioned burnt this morning at 11 o'clock not having been delivered 
till 4 o'clock this afternoon this House has appointed a Committee to 
Joyn yours to see the said Bills burnt tomorrow at 9 o'clock. 

Then adjourned to 9 o'clock tomorrow morning. 

Tuesday 14* Jan'^ 1755. Met pursuant to adjournment. 
Present 

{Matthew Rowan Jo" Rutherford ~| 
Jas Murray Francis Corbin VEsq" 

Jas Hasell J 

Mr. Swann and Mr. Vail brought the estimate of wages &c Due to 
the Members and Officers of Lower House Amounting to one thousand 
one hundred & Eight Pounds Eighteen Shillings and eleven pence prock 
money. In the upper House concurred with 

Also at the same time rec^ a message which was as follows. 

Gentlemen of his Majestys Hon"' Council, 

We herewith send you an estimate of the Allowances due and payable 
to the several members of this House also of the C""' and other officers 
thereunto Belonging. And also the resolve of this House regarding the 
several sums thereby resolved to be paid to the several persons therein 
mentioned and desire your Concurrence thereto 

By order JNO CAMPBELL Speaker " 

W" Heritage C""' 

This House sent to the Lower House their estimate of wages &c 
amounting [to] one hundred and eighty one Pounds fifteen shillings & 
two pence prock money, which was accordingly concurr'd with 

The report of the Committee of Claims was brought up In the upper 
House Concurred with. 



COLONIAL RECORDS. 279 



His Excellency Arthur Dobbs Esq' came to this House and ordered 
the immediate attendance of the Lower House Whereupon the Speaker 
attended by the Lower House waited on his Excellency in the Council 
Chamber and presented to his Excellency the subsequent Bills Viz' 

1 An Act for granting an aid to his Majesty and for other purposes. 

2 An Act for securing the payments of quitrents 

3 An Act to grant his Majesty a duty on Tonage &c 

4 An Act for Establishing the supreme Courts of Justice 

5 An Act for Establishing County Courts. 

6 An Act to facilitate the raising recruits to serve his Majesty 

7 An Act for appointing parishes and Vestrys 

8 An Act to provide Indifferent Jurymen 

9 An Act to restrain the Exportation of bad and unmerchantable To- 
bacco. 

10 An Act for raising a fund for paying the Salaries of the Chief 
Justice & Aw General. 

11 An Act to repeal an Act for the exportation of Hides. 

12 An Act to prevent malicious maiming, &c 

13 An Act to amend an Act for Destroying Vermin 

14 An Act for Establishing Ferrys on Cape Fear River 

15 An Act to Establish a Ferry on Pequimons River 

16 An Act to Confirm an Agreement between the Church wardens 
and Vestry of Christ church and the Rev'* James Reed. 

To all which his Excellency was pleased to give his assent After 
which his Excellency made the following speech. 

Gextlejian of his Majestys Council Mr. Speaker and Gen- 
tlemen OF THE Assembly, 

The steady zeal you have shown for his Majestys person and Royal 
Family and support of this Government and securing the Payment of 
his Quit rents and the Unanimity with which you have proceeded in 
doing everything Necessary According to your Present Ability, for the 
peace security and defence of this and the Adjoyning Colonies and In 
secureiug your Religion Rights and properties from French encroach- 
ments and Papal Tyranny requires my returning you sincere thanks 
which I shall Faithfully represent to his Majesty 

Your Application and the Dispatch you have made in prepareing 
many necessary Laws for the Improvements of the trade easy Distribu- 
tion of Justice and for the maintenance of an Orthodox Clergy well 
deserves the thanks of your Constituents and of all [who] wish well to 
the Province 



280 COLONIAL RECORDS. 



I am particularly obliged to you for the Favourable sentiments you 
have expressed of my endeavours to serve his Majesty & to promote the 
peace security and improveraent of this Colony according to the trust 
his Majesty has reposed in me 

Mr. Speaker and Gentlemen of the Assembly, 

I return you in particular my hearty thanks for the supplies you have 
granted foi' the defense of this Colony and Assistance of Virginia and 
Contingencys of Gov' with which you have entrusted me which I shall 
endeavour to apply with the greatest Economy For his Majestys service 
and security of this Province. 

Gentlemen of hls Majesties Council Mr. Speaker and Gen- 
tlemen OF THE Assembly, 

As your Close attendance and your private affairs will require your 
seperating at this Time and Returning to your Several Counties I luust 
earnestly recommend to you the promoting Peace and Harmony in your 
several Counties & that you will exert yourself in your several Districts 
in puting in Execution the several Laws formerly and now made for 
Promoting true Religion and Virtue the due Execution of Justice and 
promoting the Trade and Improvement of this Province and to take 
care that the supplies you have granted so chearfully be duly and care- 
fully Levyed & paid in to answer the purposes for which they are granted, 
without which your Laws Religion Libertys & propertys cant be secured 
nor the Government be enabled to defend you as all Laws are a dead 
Letter if not Duly Inforced and put in Execution. 

Then adjourned to 3 o'clock P. M. 

Met pursuant to Adjournment present as Before. 
His Excellency came to this House and was pleased to send the fol- 
lowing message to the Assembly Viz' 

Mr. Speaker and Gen' of the Assembly 

As there appears a Surplusage at Present of the £12000 Issued for the 
assistance of Virginia In case Col Innes upon makeing up his Ace' has 
no Demand for that overplus I shoidd be glad to have your sentiments 
how the remaining overplus shall be laid out & Who you will Impower 
to Dispose of the same pursuant to the Act appropriating the same. 

To which the assembly sent the following message by Mr. Barker & 
Mr. Ormond. 



COLONIAL RECORDS. 281 



Gentlemen of his Majesties ('ouncil 

This House received a message from his Excellency the Gov' aquaint- 
ing them that there appears a surplusage of the £12000 Issued for the 
assistance of Virginia therein desireing the sentiments of this House 
how the same should be laid out and by whom and having taken the 
said message Into Consideration have Unanimously resolved In case 
Colonel Innes on making up his Ace" shall have no demand for the 
surplus of the said £12000 that so much thereof as shall remain unap- 
ply'd in shall be paid to such person or persons as His Excellency the 
Gov' shall direct and be apply'd In assisting' the Colony of Virginia in 
the expedition against the French at Ohio In such manner as his Excel- 
lency shall at any time think most proper for his Majesty's service 

By order JO" CAMPBELL Speaker. 

Will" Herritage C"'°. 

In the upper House Concurred with 

By order MATTHEW ROWAN P C 

Hu Waddell: D: C: 

Then adjourned to 9 O'clock Tomorrow morning. 

Wednesday 15"" Jan'': 17.55. Met pursuant to adjournment. 
Present. 

{Matthew Rowan Jo" Rutherford "j 
James Murray Francis Corbin > Esq" 
James Hasell j 

His Excellency was pleased to prorogue the Assembly to the 24"' day 
of March being the fourth Tuesday to be held at Newbern. 



[Lower House of Assembly continued from page 262.] 
Wednesday the P' January 1755 The House met according to ad- 
journment. 

Mr Jones according to order brought in a Bill to restrain the Expor- 
tation of bad and unmerchantable Tobacco and for preventing Frauds in 
his Majestys Customs which he read in his place and the same was again 
read by the clerk and ordered the same pass and be sent to the Couucill 
Sent the said Bill to the Council 1 by Mr. Blount aud Mr. Vail 
Mr. Barker from the Committee for taking into Consideration the 
Bill for granting an Aid to his Majesty &c. Agreeable to the Order of 
yesterday Reported the several amendments proposed by the Committee 
to the said Bill which he read in his place and was again read by the 
Clerk to which said amendments the House agreed and that the Bill pass 
therewith and be sent to the Couucill. 



282 COLONIAL RECORDS. 



Sent the said Bill to the Councill by Mr. Blount and Mr. Vail. 

Mr. Barker according to Order brought in a Bill for securing the pay- 
ment of Quit rents due to his Majesty and Earl Granville for quieting 
the Freeholders in the possession of their Lands and for other purposes 
which he read in his place and was again read by the Clerk and ordered 
the said Bill pass and be sent to the Councill. 

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

Mr. Hutchins according to Order brought in a Bill to repeal an Act 
Intituled an Act for destroying Vermin in this province which he read in 
his place and was again read by the Clerk And ordered the said Bill pass 
and be sent to the Councill 

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

Received from the Councill the Bill for appointing Parishes and Ves- 
tries &c. Endorsed 1" January 1755. In the upper House read the 
third time and passed 

Ordered to be engrossed. 

On motion Ordered that the Bill to repeal an Act Intituled an Act to 
prevent the Exportation of Raw Hides pieces of Hides &c. be read a 
third time, the same was accordingly read a third time and passed and 
ordered to be sent to the Councill. 

Sent the same to the Councill by Mr. Ashe and Mr. Blount. 

On motion ordered that the Bill for establishing the Supreme Courts 
of Justice &c, be read a third time, the same was accordingly read a 
third time and Amended and passed and ordered to be sent to the 
Council with the said Amendments. 

Sent the said Bill to the Councill with said Amendments by Mr. 
Brown and Mr. Shergold 

On motion ordered that the Bill for Establishing County Courts &c 
be read a third time 

The same was accordingly read the third time amended and passed and 
Ordered to be sent to the Councill with the said Amendments 

Sent the said Bill to the Councill by Mr. Harvey jun' and Mr. Swann 
jun''. 

Then the House adjourned till to-morrow morning 10 "Clock. 

Thursday the 2°'' January 1755. The House met according to Ad- 
journment 

Received from the Council the Bill to repeal the Vermin Act. En- 
dorsed January 1" 1755. In the Upper House read the first time and 
passed. 



COLONIAL EECORD8. 283 



Mr. James Conner one of the Members for Tyrrell County appeared 
took the Oaths by Law appointed for his Qualification subscribed the 
Test and took his Seat in the House 

Received from the Councill the Bill for Establishing the Supreme 
Courts of Justice &c Endorsed the 2'' of January 1755 In the upper 
House read the third time and passed Ordered to be Engrossed. 

And the Bill to restrain the Exportation of bad and unmerchantable 
Tobacco &c Endorsed the 1" January 1755 In the Upper House read 
the second time and passed with amendments 

The Bill for securing the payment of Quit Rents due to his Majesty 
and Earl Granville &e Endorsed the P' January 1755 In the Upper 
House read the second time and passed with amendments 

On motion ordered that the Bill for appointing the several Ferrys 
therein mentioned &c. be read a third time which was accordingly done 
and several Amendments added thereto, 

Ordered the said Bill pass with the said Amendments and be sent to 
the Council 

Sent the said Bill to tiie Council with the said Amendments by Mr. 
Harnett and Mr. Bartram. 

On motion ordered that the Bill to repeal the Vermin Act be read a 
second time. 

Read the said Bill a second time and then several amendments were 
proposed thereto On which the motion was made that the House resolve 
into a Committee of the whole House to Consider of tiie said Bill and 
amendments. 

Resolved that the House resolve into a Committee of the whole House 
agreeable to the above motion. 

The House resolved into a Committee of the whole House to Consider 
of the said Bill and Amendments proposed — After some time spent 
therein Mr. Speaker resumed the Chair — And Mr. Chairman reported 
that the Committee had had under their Consideration the Bill to repeal 
the Vermin Act and also the several Amendments thereto proposed and 
had resolved that the said Amendments be inserted in the said Bill on 
which the Motion was made and the Question was put whether the said 
Amendments proposed in the said Bill be Inserted or. not which passed 
in the Negative — Then the Motion was made and the Question was put 
whether that the said Bill be rejected or not which passed by a Majority 
in the Affirmative. And the said Bill was accordingly rejected. 

A Memorial of the Merchants and planters of this province to the 
right Hon"' the Lords Commissioners of Trade and plantations repre- 
senting a state of the Trade and Commerce of this Country was pre- 



284 COLONIAL RECORDS. 



sented to this House for Approbation which being read and maturely 
Considered, 

Resolved that a Message be sent to his Excellency the Governor to 
acquaint him of the same and that this House is unanimously of Opin- 
ion that the said Memorial contains a true and Genuine State of the 
several Matters thereby represented and that Redress in the several par- 
ticulars prayed thereby will be greatly to the Interest and Advantage of 
the Crown and the Merchants of Great Britain and be an Etfectual 
means of making this a populous and flourishing Colony and would 
therefore beg leave to recommend it to his Excellencys Care and entreat 
that he would be pleased to transmit the same for their Lordships Con- 
sideration 

On Motion Ordered that Mr. Swann Mr. Jones and Mr. Barker wait 
on his Excellency the Governor with the said Message and Resolve. 

On Motion Ordered that the Bill for securing the payment of Quit 
Rent due to his Majesty and Earl Granville &c be read the second time 
the same was accordingly and several Amendments made tiiereto which 
with the said Amendments passed and is Ordered to be sent to the 
Council 

Sent the said Bill to the Council with the said Amendments by Mr. 
Ashe and Mr. Conner 

On Motion Ordered that the Bill to restrain the Exportation of bad 
and unmerchantable Tobacco &c be read a second time, the same was 
read a second time and on Motion ordered that the said Bill be committed 
to Mr. Jones, Mr. Kinchin, Mr. Wynns, Mr. Sumner, Mr. Washington, 
Mr. Harvey, Mr. Surry, Mr. Harris, Mr. Barker and Mr. Relf 

Then the House adjourned 'till tomorrow 10 "Clock. 

Friday the 3'''' of January 1755 The House mett according to Ad- 
journment. 

Mr. Hariss moved for leave to bring in a Bill to prevent Malicious 
Mayheming and wounding. 

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

Mr. Harris brought in the above mentioned Bill which he read [in] his 
place and was again read by the Clerk and ordered the same to be sent 
to the Councill. 

Mr. Ashe moved for leave to bring in a Bill for the better regulating 
the Militia 

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

Mr. Ashe brought in the above mentioned Bill which he read in his 
place and the same was again read by the Clerk. 

Ordered the same pass and be sent to the Councill. 



COLONIAL RECORDS. 285 



Sent the above Two Bills to the Councill by Mr. Ashe and Mr. Conner 

Mr. Barker moved for leave to bring in a Bill to provide Indiiferent 
Jurymen in all Causes Criminal and Civill and for an Allowance for the 
Attendance of Jurors attending the Supreme Court of Justice. 

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

Mr. Barker brought in the above mentioned Bill which he read in his 
place and the same was again read by the Clerk And Ordered the said 
Bill pass and be sent to the Councill. 

Sent the above Bill to the Councill by Mr. Rew and Mr. Hutchins 

Received from the Council the Bill for Establishing County Courts 
&c and the Bill to repeal the Act to prevent the Exportation of Raw 
Hides &c Endorsed the 2"'' January 1755 In the upper House read the 
third time and passed. Ordered to be engrossed. 

Received a written Message from the Council as follows 

Mr. Speaker and Gentlemen of the Assembly, 

On reading the Bill for appointing the several Ferrys therein men- 
tioned and for obliging the Commissioners of the several Districts to 
make Roads to the same We find in your last Amendment you have 
left the direction of working on the said Roads and the granting of Cer- 
tificates to the people working thereon to the Commissioners of the Dis- 
trict or any two of them. We therefore propose that instead thereof 
should be Inserted the Commissioners of the District or the Majority of 
them if you approve thereof please to send two of your Members to see 
such Alterations made. 

To which the House Concurred and Ordered that Mr. Ashe and Mr. 
Harnett go to the Council and see the said Alteration made. 

Mr. Ashe and Mr. Harnett according to Order went to the Council to 
see the said alteration made. 

Mr. Ashe and Mr. Harnett returned and acquainted the House that 
they had according to the Order of this House been with the Council 
and saw them Insert the above Alteration in the said Bill. 

Received from the Council the Bill for appointing Ferrys &c En- 
dorsed the 3"^ January 1755 In the LTpper House read a third time and 
passed. 

Ordered to be Engrossed 

The House adjourned till 3 o'Clock Afternoon. 

P. M. The House met according to adjournment. 

Mr. Spier moved for leave to bring in a Bill for asscertaining a proper 
place for Building a Court House prison and Stocks for the County of 
Beaufort. 



286 COLONIAL RECORDS. 



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

Mr. Bell according to Order brought in a Bill to amend an Additional 
Act Intituled an Act concerning Roads and Ferrys which he read in his 
place and was again read by the Clerk and passed Ordered the same be 
sent to the Council 

Sent the same to the Council by Mr. Harris and Mr. Haraer. 

Mr. Jones reported that the Committee to whom the Bill to restrain 
the Exportation of bad and nnmerchantable Tobacco &c was Committed 
had made several Amendments thereto which he read in his place and 
were again read by the Clerk and agreed to by the House. Ordered the 
said Bill with the said Amendments be sent to the Council. 

Sent the same to the Council with the said Amendments by Mr. Har- 
ris and Mr. Hamer. 

Received from the Council the Bill to prevent Malicious Mayheming 
and wounding 

The Bill for the better regulating the Militia. 

And the Bill to provide Indiferent Jurymen in all Causes Criminal and 
Civil &c 

Endorsed January 3'''' 1755. In the Upper House read the iirst time 
and passed 

Mr. Joseph Blount moved for leave to absent himself from the Ser- 
vice of the said House 

Ordered he have leave accordingly. 

Then the House adjourned till tomorrow morning 10 o'Clock. 

Saturday the 4"" January 1755. The House met according to adjourn- 
ment 

Received from the Councill the Bill for granting an Aid to his Majesty 
for the Defence of the Frontier of the said Province. Endorsed the 3'* 
of January 1755 In the Upper House read the second time and passed 
with amendments 

On Motion Ordered that the Bill for granting an Aid to his Majesty 
&c be read the third time the same was accordingly read a third time 
with the Amendments made by the Council. The Motion was made and 
the Question was put whether the House agree to the Amendments In- 
serted in the said Bill by the Council or not which passed Nem Con in 
the Negative. 

On Motion Ordered Una Voce that the said Bill with the amendments 
made before and now by this House pass and be sent to the Council with 
the said Amendments. 

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



COLONIAL RECORDS. 287 



Resolved Nem Cou that the C'ouncill in taking upon them to make 
several material Alterations to the said Bill whereby the manner of rais- 
ing as well as Application of tiie Aid thereby Granted to his Majesty is 
directed in a different Manner than by tiiat said Bill proposed have acted 
contrary to Custom and Usage of Parliament and that the same tends to 
Infringe the Right and Liberties of the Assembly who have always 
enjoyed uninterrupted the Priviledge of Framing and modelling all Bills 
by Virtue of which Money has been Levied on the Subject for an Aid 
for his Majesty so as to render the same most Effectually Conducive to 
the Interest of the Crown. 

Mr. Jones presented to the House a Bill for Inspecting Beef Pork, 
Rice, Indigo, Tarr, Pitch, Turpentine and Lumber which he read in his 
place and was again read by the Clerk and ordered to be sent to the 
Council 

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

On motion ordered the Bill to prevent Malicious Mayheming and 
wounding be read the second time. The same was accordingly read a 
second time passed and ordered to be sent to the Councill 

Sent the same to the Council by Mi. Cade and Mr. Payne. 

Received from the Council the Bill to restrain the Exportation of Bad 
and unmerchantable Tobacco Endorsed 4"" January 1755. In the 
Upper House read the second time and passed with Amendments. 

On motion Ordei'ed that the Bill for the better regulating the Militia 
be read a second time. The same was accordingly read a second time 
and passed with Amendments and ordered to be sent to the Council 

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

On Motion made the Bill to restrain the Exportation of bad and 
Unmerchantable Tobacco &c was read a third time passed and ordered 
to be sent to the Council. 

Sent tiie above mentioned Bill to the Council by Mr. Caswell and 
Mr. Hamer. 

Then the House adjourned till 3 "Clock in the Afternoon. 

P. M. The House mett according to adjourumeut. 

On Motion made. The Bill to provide Indifferent Jurymen &c was 
read a second time and ordered to be committed to a Committee of the 
Whole House. 

On Motion made, Resolved that the House Resolve into a Committee 
of the Whole House on Monday morning to take under Consideration 
the said Bill 



288 COLONIAL RECORDS. 



Received from the Council the Bill to prevent malicious mayheuiiug 
and wounding Endorsed 4"" January 1755 In the Upper House read 
the second time and passed 

The Bill for Inspecting Beef, Pork Rice Indigo &c. Endorsed the 
4"" January 1755 In the Upper House read the first time and passed. 

Mr. Spier according to Order brought in a Bill for asscertaining a 
proper place for building thereat a Court House, prison and Stocks &c. 
for the County of Beaufort which he read in his place and was again 
read by the Clerk passed and ordered to be sent to the Councill. 

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

Received from the Council a written Message as follows. 

Mr. Speaker and Gentlemen of the Assembly 

On reading the third time the Bill for granting an Aid to his Majesty 
&c we find we cannot agree to pass the Bill in the manner you sent it to 
us therefore we propose the following Amendments Viz' That the Eight 
thousand pounds be made up out of the six thousand pounds for the 
founding and endowing a publick School And two Thousand pounds 
out of the moneys appropriated for Building a Fort at or near Ocacock 
called Fort Granville not hitherto applied — That the Governor may 
have the Disposal of the said eight thousand pounds as may be most 
Effectual for his Majestys Service — agreeable to the Intent of the said 
Bill if you agree to the said Admendments send two of your members 
to see the Bill altered accordingly 
Saturday 4* January 1755. 

Then the House adjourned till Monday morning 10 "Clock. 

Monday the 6* January 1755 The House met according to adjourn- 
ment. 

Mr. Swann presented to the_House a Bill for granting to his Majesty 
a Duty upon the Tonage of Ships and other Vessells coming into this 
province and for other purposes therein mentioned which was read 
and passed and ordered to be sent to the Councill. 

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

Mr. Barker presented to the House a Bill for raising a Fnnd for pay- 
ino' tiie Salaries of the Chief Justice and Attorney General and for other 
purposes which was read and passed and ordered to be sent to the 
Council. 

Sent the said Bill to the Councill by Mr. Isaac Jones and Mr. Sher- 
gold. 

On reading the Message from the Council of the 4* Instant Resolved 
the following Message be sent to the Council (Viz'). 



COLONIAL RECORDS. 289 



Gentlemen of his Majestys Hon"' Council, 

By your Message of" the 4"" Instant we observe that j'ou proj)osed 
Amendments to the Bill for granting an Aid to his Majesty &c (Viz') 
that the eight thousand pounds to be made up out of the six thousand 
pounds for the founding and endowing a public School — and two thou- 
sand pounds out of the money appropriated for Building a Fort at or 
near Ocacock called Fort Granville not )'et applied, And that the Gov- 
ernor have the Disposal of the Eight Thousand pounds in the most 
Effectual manner for his Majesty's Service according to the direction of 
the said Bill upon consideration of which the House have resolved that 
they do consent to the first Amendment by you proposed and disagree to 
the second That they cannot recede from their Amendment made to the 
said Bill whereby a Discretionary Power is given to the Governor either 
to raise Recruits with the five thousand pounds in the Bill mentioned 
for that purpose to be sent to Ohio or remitt the same in provisions for 
accomodating his Majestys Troops already Ordered to serve there as 
shall seem most Convenient for his Majestys Service 

By Order JN° CAMPBELL Speaker 

W" Heritage C" 

Sent the above message by Mr. Heron and j\Ir. Harvev. 

On Motion Ordered that the Bill for Inspecting Beef, Pork, Rice, 
Indigo &c. be read a second time. 

Read the said Bill a second time and on Motion Resolved the House 
resolve into a Committee of the wiiole House to take into Consideration 
the said Bill. 

The Order of the Day being read the House resolved into a Com- 
mittee of the whole House to take into Consideration the Bill to provide 
Indifferent Jurymen in all Causes Criminal and Civil &c. and also to 
take into Consideration the Bill for Inspecting Beef, pork, &c. and Chose 
Mr. Barker Chairman who was placed in the Chair accordingly afler 
some time spent therein Mr. Speaker resumed the Chair and Mr. Chair- 
man reported that the Committee had taken the said Bills under Consid- 
eration and had made several Amendmeifts thereto which he presented 
to the House and read the same in his place and afterwards delivered the 
said Bills with the said Amendments in at tiie Table where they were 
again read and agreed to by the House. 

Ordered the said Amendments be Inserted in the said Bill and there- 
with sent to the Council. 

Received from the Council the Bill for ascertaining a proper Place for 
Building thereat a Court House &c. for the County of Beaufort, And 
Vol. .5—13 



290 COLONIAL EECOEDS. 



the Bill for raising a Fund for paying the Salaries of the Chief Justice 
and Attorney General and for other purposes. Endorsed the 6* Jan- 
uary 1755. In the Upper House read the first time and passed 

The Bill for granting to his Majesty a Duty upon the Tonage of Ships 
and other Vessells coming into this province And also the Bill for 
securing the payment of Quit Rents due to his Majesty and Earl Gran- 
ville &c. Endorsed the 6* January 1 755. In the Upper House read 
the second time and passed with amendments. 

Then the House adjourned till 3 "Clock Afternoon 

P. M. The House met according to Adjournment. 

On motion Ordered that the Bill to prevent malicious mayheming and 
wounding be read a third time. The same was accordingly read a third 
time and passed and Ordered to be sent to the Council 

Sent the said Bill to the Council by Mr. Heron and Mr. Harnett. 

Received from the Council a Written Message as follows. 

Mr. Speaker and Gentlemen of the Assembly, 

We agree to the Amendments proposed by your Message by Mr. 
Heron and Mr. Harvey and desire you to send two of your Members to 
see the same Inserted in the Bill for granting an Aid to his Majesty 
Dated 6* January 1755. 

Ordered that Mr. Heron and Mr. Harvey wait on the Council to see 
the Amendments Inserted in the Bill for granting an Aid to his Majesty 
&c who accordingly went and being returned acquainted the House that 
the Council had Inserted the said Amendment in the said Bill. 

According to Order sent the two Bills which were Committed this Day 
to a Committee of the whole House with the Amendments by Mr. Relf 
and Mr. Houston 

Received from the Councill the Bill to prevent Malicious Mayheming 
and wounding And the Bill for granting an Aid to his Maje.sty En- 
dorsed 6"" January 1755 In the Upper House read the third time and 
passed 

Ordered to be engrossed. 

On motion ordered that the Bill for better regulating the Militia of 
this province be read a third time 

Read the said Bill a third time amended and passed. 

Ordered to be sent to the Council 

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

Received from the Council the Bill to restrain the Exportation of bad 
and unmerchantable Tobacco Endorsed 6"" January 1755 In the Up- 
per House read the third time and passed 



COLONIAL RECORDS. 291 



OnlereJ to he engrossed. 

Then the House adjournecl till tomorrow morning 10 "Clock. 

Tuesday the 7* of January 1755. The House met according to Ad- 
journment 

Mr. Rew presented to the House a Bill to confirm an Agreement made 
by the present Church Wardens and Vestry of Christ Church parish in 
Craven County with the Reverenil James Read which was read and 
passed. 

Ordered the same be sent to the Councill. 

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

Mr. Sutton moved for leave to bring in a bill to Establisli a puljlick 
Ferry from Newby's point to Phelp's Point whereon the Court House 
now stands on Pequimons River. 

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

On motion ordered that the Bill for securing the payment of the Quit 
Rentj due to his Majesty and Earl Granville &c be read a third time 

Read the same a third time amended and passed. 

Ordered the said Bill be sent to the Council 

Sent the same to the Council by Mr. Rew and Mr. Fonville. 

Mr. Jones presented to the House a Bill to facilitate the raising Re- 
cruits to serve his Majesty on the Intended Expedition against the French 
on the Ohio and guarding the Frontier of this province which was read 
and passed and ordered the same be sent to the Council. 

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

Mr. Jones presented to the House a Bill to Appoint Commissioners to 
revise the Laws which was read and passed and Orderetl to be sent to 
the Council 

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

Received from the Council a Written Message as follows 

Mr. Speaker and Gentlemen of the Assembly, 

We find on a third reading of the Militia Bill a Clause Inserted by 
you for exempting the people called Quakers from appearing at any 
Muster provided with Arms Ammunition and Accoutrements, That these 
people may be of some Service and deserve the Indulgence given 
them We propose that they shall be obliged to appear at every Muster 
as other persons with a good Ax, Spade, Shovel or Hoe to which Amend- 
■iuent we desire your Concurrence and that you'll be pleased to semi two 
of your Members to see the same Inserted 
7* January 1755 



292 COLONIAL RECORDS. 



Whicli was read and resolved the following Message be sent to the 
Council by Mr. Harvey and Mr. Relf, (Viz') 

Gentlemen of His Ma.jestys Hon"' Council, 

The House taking into Consideration your Message of this Day 
regarding the Amendment proposed by yours to the Bill for regulating 
the Militia have Resolved that they cannot agree to the Amendments 
proposed by your House nor Recede from their own. 

Then the House adjourned 'till 3 "Clock Afternoon. 

P. M. The House met according to adjournment. 

Mr. Harvey acquainted the House that Mr. Sinclaire one of the Mem- 
bers for Hyde County is dead — Therefore moved that the House would 
Address his Excellency the Governor to direct the Clerk of the Crown 
to Issue a Writ for Electing a Member for the said County in the Room 
of the said Samuel Sinclaire to sit and vote in this present Assembly 

Resolved his Excellency be addressed Accordingly Mr. Ormond and 
Mr. Barker by Order waited on his Excellency the Governor and ac- 
quainted him Mr. Sinclaire one of tlie Members for Hyde County is 
dead and that this House desired his Excellency the Governor would be 
pleased to direct the Clerk of the Crown to issue a Writ for Electing a 
Member for the said County in the room of the said Samuel Sinclaire to 
sit and vote in this present Assembly wiio returned for Answer that he 
would Order the Clerk of the Crown so to do. 

(_)n motion Ordered that the Bill for assertaining a proper place for 
Building thereat a Court House prison, pillory and stocks for the County 
of Beaufort be read a second time. 

The said Bill was accordingly read a second time. 

Mr. Spier presented a petition from several of the Inhabitants of 
Beaufort County Thereby praying a Bill may pass into a Law to assertain 
a place proper for Building a Court House &c for the said County was also 
read and ordered that tlie aforesaid Bill witli the said petition be sent 
to the Council. 

Sent the above said Bill and petition to the Council by Mr. Spier and 
Mr. Sutton. 

Received from the Councill the Bill for securing the Payment of Quit 
Rent due to his Majesty and Earl Granville &f Endorsed 7* January 
1755 In the upper House read the third time and passed 

Ordered to be engrossed. 

The Bill to provide Indifferent Jurymen in all Causes Criminal and 
Civil &c Endorsed the 7"' January 1755 In the Upper House read 
the second time and passed. 



COLONIAL RECORDS. a<J3 



The Bill to Confirm an Agreement made by the present Church war- 
dens and Vestry of Christ Church parish in Craven County with the 
Reverend James Reed. 

The Bill to facilitate the raising Recruits to serve his Majesty in the 
intended Expedition against &c 

And the Bill for appointing Commissioners to revise the Laws Ac- 
Endorsed 7"' January 1755 In the Upper House read the first time 
and passed 

Mr. Sutton according to order brought in a Bill to Establish a Pub- 
lick Ferry from Newby's Point to Phelps j)oint whereon the Court 
House now stands in Perquimons County which he read in his place and 
was again read by the Clerk. 

Ordered the same pass and be sent to the Council 

Sent the said Bill to the Council by Mr. Spier and Mr. Sutton 

On motion Ordered that the Bill for raising a Fund for paying the 
Salaries of the Chief Justice and Attorney General &c be read a second 
time 

The same was accordingly read Amended and passed And ordered 
the said Bill be sent to the Council. 

Sent the same to the Conncill with the Amendments by Mr. Brice and 
Mr. Conner. 

On motion ordered that the Bill to confirm an Agreement made by 
the present Church Wardens and Vestry of Christ Church parish &c 
with the reverend James Reed be read a second time. 

The same was read a second time accordingly. 

Ordered the said Bill pass and be sent to the Councill. 

On motion Ordered that the Bill for facilitating the raising Recruits 
to serve his Majesty in the Intended Expedition &c. be read a second 
time. J'he same was read a second time amended and passed and ordered 
to be sent to the Council. 

Sent the above Bills to the Council by Mr. Brice and Mr. Conner. 

Received from the Councill the Bill to Establish a publick Ferry from 
Newbys point to Phelps point whereon the Court House now stands on 
Perquimons River. Endorsed 7* Januarj' 1755 In the upper House 
read the first time and passed. 

A message from His Excellency the Governor was read acquainting 
this house that in Order to Encourage the raising Mulberry Trees breed- 
ing Silk Worms and winding Silk he had advanced several sums of 
Money amounting to Four hundred and four pounds four Shillings and 
four pence Sterling to Mr. Barry and others to defray the Expence of 
Transporting several Families from Europe in Order that they might 



294 COLONIAL RECORDS. 



Carry on and Instruct the Inhabitants of this province in the several 
Branches of the said Business which he is of Opinion may be of great 
Service to the Colony if properly Conducted, Which together with a 
petition of Mr. Barry and Martin Stehelin submitted by his Excellency 
to the Consideration of this House. Whereupon the House took under 
Consideration the said Message and petition and Resolved that the said 
Sum of four hundred and four pounds four shillings and four pence 
sterling be reimbursed to his Excellency out of the Treasury and also 
that the further sum of Two hundred pounds proclamation Money be 
advanced by the Treasurer to such person as his Excellency shall Order 
to receive the same to be applyed to the Encouragement and carrying on 
the said several Branches of Business in such manner as he shall direct. 
Then the House adjourned till tomorrow morning 10 "Clock. 

Wednesday the ">* January 1755 The House met according to ad- 
journment. 

On motion ordered the Bill to provide indifferent Jurymen in all 
Causes Criminal and Civil &c. be read a third time. The same was 
accordingly read a third time amended and passed and ordered to be sent 
to the Councill 

Sent the said Bill to the Council by Mr. Hutchings and Mr. Houston. 

Mr. Swann presented a Bill to amend an Act for destroying Vermin 
in this Province which was read and passed and ordei-ed to be sent to 
the Council 

Sent the same to the Council by Mr. Hutchins and Mr. Houston. 

On motion ordered that the Bill for granting to his Majesty a Duty 
upon the Tonage of Ships and other Vessells coming into this province 
be read a second time. Read the said Bill a second time amended and 
passed and ordered the same to be sent to the Coimcil 

Sent the said Bill to the Council by Mr. Houston and Mr. Rew. 

Received from the Council a Bill to Confirm an agreement made by 
the present Church wardens and Vestry of Christ Church parish in 
Craven County with the Reverend James Reed. Endorsed the 8* Jan- 
uary 1755 In the Upper House read the second time and passed 

The Bill for raising a Fund for paying the Salaries of the Chief Jus- 
tice and Attorney General &c. Endorsed 8"" January 1755. In the 
upper House read the second time and passed with amendments. 

On motion Ordered that the Bill for raising a Fund for paying the 
Salaries of the Chief Justice and Attorney General be read a third time. 
Read the said Bill a third time passed and ordered to be sent to the 
Council 

Sent the same to the Council by Mr. Houston and Mr. Rew. 



COLONIAL RECORDS. 295 



On motion ordered that the Bill to Establish a Piiblick Ferry to 
Phelps point whereon the Court House now stands on Pequimons River 
be read a third time the same was accordingly read a third time and 
passed and ordered to be sent to the Council. 

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

On motion Ordered the Bill to confirm an Agreement made by the 
Church Wardens and Vestry of Christ Church parish in Craven County 
with the Reverend James Reed be read a third time. The same was 
accordingly read a third time passed and ordered to be sent to the 
Council. 

On Motion Ordered the Bill for appointing Commissioners to revise 
the Laws &c be read a second time. The same was accordingly read a 
second time amended and passed and ordered to be sent to the Council. 

Sent the said Two Bills to the Council by Mr. Fonville and Mr. 
Harvey 

The Petition of James Davis Printer was presented to this house and 
read setting forth that the Business of the province increased, and pray- 
ing that his Salary may be Augmented. On which the House Resolved 
that the Matters in the said petition set forth and contained are reasona- 
ble and ordered therefore that the said petition be referred to the Consid- 
eration of the next Session of Assembly 

The petition of sundry Inhabitants of the Counties of Northampton, 
Edgcombe, and Granville was read setting forth that by the Laws now 
in force free negroes and Mulattoes Intermarrying with white women are 
obliged to pay Taxes for their Wives and Families Praying Relief &c 
on which the House Resolved that the Matters in the said petition con- 
tained are reasonable and that the Committee appointed to Revise the 
Laws receive a Clause or Clauses to be inserted in the said Laws for 
their Relief. 

Sent the Resolve of Yesterday regarding the payment of the several 
sums therein mentioned to the Council for Concurrence 

Then the House Adjourned till 3 o'Clock Afternoon 

P. M. The House met according to adjournment 

Received the Message from the Council which this House this Day 
sent with the Resolve of Yesterday for their Concurrence. Endorsed 
8"" January 1755 Concurred with 

Received from the Council the Bill for Inspecting Beef, Pork &c. 
The Bill for asscertaining a proper Place for Building thereat a Court 
House, prison, pillory and stocks in Beaufort County. Endorsed S"" 
January 1755. In the Upper House read the second time and passed — 
and 



296 COLONIAL RECORDS. 



The Bill to amend an Act Intituled an Act for destroying Vermin. 
Endorsed 8"" January 1755. In the upper House read the first time 
and passed. 

On motion Ordered that the Bill to amend an Act Intituled an Act 
for destroying Vermin be read a second tir. e the same was accordingly 
read a second time passed and ordered to be sent to the Council. 

Sent the same to the Council by Mr. Williams and Mr. Harris. 

Received from the Council the Bill for granting to his Majesty a duty 
upon the Tonage of Ships and other Vessells coming into this province 
&c. 

The Bill to facilitate the raising Recruits to serve his Majesty on the 
Intended Expedition &c. Endorsed 8"" January 1755. In the Upper 
House read the second time and passed with amendments. 

The Bill to Establish a Publick Ferry from Newby's Point to Phelps 
Point whereon the Court House now stands on Pequimons River. En- 
dorsed 8"^ January 1755. In the Upper House read the second time and 
passed 

The Bill to provide Indifferent Jurymen in all Causes Criminal and 
Civil &c. Endorsed the 8* January 1755. In the Upper House read 
the third time and passed 

Ordered to be engrossed 

On motion Ordered that the Bill for Inspecting Beef, Pork &c. be 
read a third time. 

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

Sent the same to the Council by Mr. Williams and Mr. Harris. 

Mr. Jones presented to the House a Bill to encourage the Importation 
of Gold, Silver, and Copper Coins into this province which was read 
passed and ordered to be sent to the Council. 

Sent the above Bill to the Council by Mr. Williams and Mr. Harris 

On motion Ordered that the Bill for asscertaining a proper Place for 
Building thereat a Court House pillory, prison and Stocks in Beaufort. 
County be read a third time. 

Read the said Bill a third time Amended passed and Ordered to be 
sent to the Council 

Sent the said Bill to the Council by Mr. Williams and Mr. Harris. 

On motion Ordered that the Bill for facilitating the raising Recruits 
to serve his Majesty in the intended Expedition &c, be read a third time. 
The same was accordingly read a third time passed and Ordered to be 
sent to the Council. 

Sent the above Bill to the Council by Mr. Caswell and Mr. Payne. 



COLONIAL RECORDS. 297 



On motion Ordered that the Bill for granting to his Majesty a Duty 
on the Tonage of Ships and other Vessels coming into this Province &c 
be read a third time. 

The same was accordingly read a third time amended passed and or- 
dered to be sent to the Council. 

On motion ordered that the Bill to Establish a publick Ferry from 
Newbys Point to Phelps point where the Court House now stands on 
Pequimons River be read a third time. 

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

Sent tlie above two Bills to the Council by Mr. Caswell and Mr, 
Payne. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Thursday the 9"' of January 1755. The House met according to 
adjournment 

Mr. Ashe moved for leave to absent himself from the Service of the 
House 

Ordered he have leave accordingly. 

The House being Informed that the right Hon'"'" the Lords Commis- 
sioners for Trade and plantations had proposed to his Majesty the i-epeal- 
ing the several Acts of Assembly by which the Towns and Counties in 
this province were Erected and that tlie Governor should be Instructed 
to grant Charters to Confirm the Rights and Titles of the said Towns 
and Counties took the same under Consideration and unanimously — 

Resolved, That an humble Address be presented to his Excellency 
the Governor desiring him to represent the many Inconveniences, disor- 
ders and confusion which would Inevitably happen if the said Laws 
should be repealed And in Case they should be repealed before such 
Application can be made to request that his Excellency would use his 
Endeavours to obtain his Majesty's Permission to pass other Laws to 
confirm the Rights and Titles of the said Towns and Counties — and from 
time to time to give his Assent to Bills for dividing Altering and Erect- 
ing Counties as may be necessary for the convenience of the Inhabitants. 

Ordered That Mr. Jones and Mr. Barker prepare an Address to his 
Excellency the Governor accordingly. 

On Motion Ordered, That the Report of the Committee of proposi- 
tions and Grievances be read, Read the same and is as follows (Viz') 

The Committee of propositions and Grievances have had under their 
Consideration several propositions and Grievances to them referred and 
are come to Divers Resolutions thereupon 1" Proposed that immediate 



298 COLONIAL RECORDS. 



provision be made for paying off Quit Rents and Taxes in the produce 
of the County under proper Regulations that Distresses be not made on 
Slaves working horses Cattle or utensils of Husbandry where other suffi- 
cient Distress can be had And that Goods distrained may remain a 
reasonable time before sold and then sold at publick Auction. 

2 That the peoples properties in their Lands be secured and their pos- 
sessions quieted And in Case any Surplus Land be found within the 
Bounds specifyed in their patents the patentees may have the preference 
on paying the accustomed Quit Rent. 

3'' That the Jurisdiction of County Courts and power of Majestrates 
be Enlarged saving the Right of Appeal. 

4"" That people be restrained from bringing Suits iu the Supreme 
Courts for sums of less Value than Ten pounds, And that each Court 
of Assize be Constituted an Independant Jurisdiction and Invested with 
all the powers and Jurisdiction of the General Court. 

5"" That for the Encouragement of Trade and Coiumerce a Jurisdic- 
tion under proper Regulations be Erected in the Nature of a Court Mer- 
chant. 

6* That Grand Jurys in the County Courts have Power to make En- 
quiry into the Abuse of Orphans and their Estates and that Relief in such 
Cases be had in a summary Way. 

T"" That no Trustee or Guardian l)e permitted to cutt timber box pine 
Trees or burn Lightwood upon Orphans Lands unless for Payment of 
Quit Rents or necessary Repairs and Improvements without the appro- 
bation of the County Court. 

8"" That Deceased persons Estates be sold at Vendue on reasonable 
Credit the Executors or Administrators being obliged to take Bond with 
sufficient Security. 

9"" That Care be taken to compell the Payment of all Taxes and 
Imposts already Imposed and hereafter to be imposed and that Imposts 
and Duties be laid on none of the Common Necessaries of Life but on 
such Things as are superfluous and administer to Luxury, And that rather 
than Burthen Trade Money for defraying the Contingencies of Govern- 
ment be raised by a Poll Tax. 

10"" That provision be made by the most expeditious and effectual 
method to Compell Receivers of Publick Money to Account for the 
same. 

11"" That under a Sence of the many Advantages that will arise to 
the province from giving our Youth a Liberal Education (whether con- 
sidered in a Moral Religious or political Light) a publick School or Sem- 
inary of Learning be erected and properly Endowed — And that for 



COLONIAL RECORDS. 299 



effecting the same the Sum of six thousand pounds already appropriated 
for that purpose be properly applied. 

12"" That suitable and ample provision be made Tor an Orthodox 
Clergy and that iu passing a Law for that purpose care be taken to pre- 
serve the Right of presentation of Ministers to the Vestry and people 
the Founders and Endowers of the Churches. 

13"" That Vagrants be restrained from Strolling and wandering about, 
And that Children whose parents are unable or neglect to Educate and 
teach them some usefnll Business may be bound out to proper Trades. 

14"" That the searciiing [or] patrolling for Negroes be made more fre- 
quent than heretofore. 

15"" That the time for proving Book Debts and Limited for bringing 
of Actions be Enlarged 

16* That a general Regulation of the Commodities of this Province 
be made by Inspecting the same before Exported. 

17* That all Wills be proved and Recorded in the Court of the 
County where the Testator dyed. 

Also Resolved — that it is the Opinion of your Committee — That the 
Hon"* James Murray Esq"' who was Deputed paymaster of the Forces 
sent to Ohio from this Province by Colonel James Innes their Pay- 
master his having deducted two and a half ^ cent out of the pay of the 
said Forces over and above one '^ cent by Law allowed the said James 
Innes for the same is a Grievance and greatly discourages others from 
Inlisting in his Majestys Service. 

2* That the Secretary's refusing to deliver Wills to the Executors after 
they are properly Registered in his Office is a Grievance and tends to 
render the Estates of those Claiming under them precarious. 

3" That the Clerk of the General Court (and Clerks of the County 
Courts from his Example) surreptitiously issuing Executions for Fees 
not warranted by Law whereby the Inhabitants have their Slaves and 
most valuable Effects Attached and sold to Answer their Exorbitant 
Demands is a Grievance. 

4* That Lord Granvilles Agent by himself and his Substitutes in- 
ducing several persons to make Entries for thfe same piece of Land 
receiving a Fee from each and refusing to refund the same, 

Declaring the Grants made by Edward Mosely and Robert Haltou 
Esq" his Lordships former Agents void receiving Entries for the same 
Lands granting them anew and Exacting Fees for so doing remitting 
the Quit Rents due to his Lordship on those Lands to such as will 
accept new Grants on them and his Exorbitant exacting Fees on all 
Grants for his Lordships Lands are great Grievances detrimental *to his 



300 COLONIAL RECORDS. 



Lordships Interest and do greatly retard the Settlement of that part of 
the Government of which his Lordship is proprietor. 

•5* That the growing Number of Attornies (Occasioned by want of a 
proper Method for Enquiring into their Probity good Demeanour and 
Abilities) And their Mismanagement of Causes either through Ignorance 
of Neglect whereby their Clients loose their Suits without any Remedy 
of recovei'ing their Costs of such Attorneys is a Grievance 

Received from the Council a Written Message as follows. 

Mr. Speaker and Gentlemen of TfiE Assembly, 

On reading a third time the Bill for Inspecting Beef, pork &c. We 
think proper to reinsert in its Place the annexed Clause. We therefore 
advise you to send two of your Members to [see] the same done other- 
wise we cannot pass the Bill. 
9* January 1755 

The Clause. 
Provided that every Inspector heretofore appointed who resides at 
the place of his Inspection and faithfully performs the Office of In- 
spector according to the Directions of this Act shall not be removed 
from his Office anything in this Act to the Contrary notwithstanding. 

To which this House disagreed and ordered the following Message to 
be sent to the Council (Viz') 

Gentlemen op His Majesty's Hon"' Council 

By your Message of this Day we find you propose a Clause therein 
mentioned to be added to the Bill for Inspecting Beef, pork &c which 
Amendment on the third reading of the Bill this House disagreed to 
from which disagreement they cannot recede. 

By Order J. CAMPBELL Speaker 

W" Heritage C" 

Received from the Councill the Bill for granting to his Majesty a 
Duty upon the Tonage of Ships and other Vessells coming into this 
province. 

The Bill to Confirm an Agreement made by the present Church 
Wardens and Vestry of Christ Church parish of Craven County with 
the reverend James Reed. 

The Bill for asscertaining a proper Place for Building thereat a Court 
House prison, pillory in Beaufort County. 

The Bill to facilitate the raising Recruits to serve his Majesty And 
the Bill to Establish a public Ferry from Newbys point to Phelps point 



COLONIAL RECORDS. 301 



whereon the Court House now stands on Pequimons River. Endorsed 
9* January 1755 In the Upper House read the third time and passed. 

Ordered to be engrossed. 

Tiie Bill to Encourage the Importation of Gold Silver and Copper 
Coins into this province Endorsed 9"" January 1755 In the Upper 
House read the first time and passed 

The Bill to amend an Act Intituled an Act for destroying Vermin. 
Endorsed 9"" January 1755 In the Upper House read the second time 
and passed 

On Motion Ordered that the Bill to Encourage the Importation of 
Gold, Silver and Copper Coins into this province be read a second time. 

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

On Motion ordered that the Bill to amend an Act Intituled an Act 
for destroying Vermin be read a third time The same was accordingly 
read a third time passed and ordered to be sent to the Council 

Sent the above two Bills to the Council by Mr. Shergold and Mr. 
Bravard 

Then the House adjourned 'till 4 "Clock Afternoon. 

P. M. The House met according to adjournment 

Mr. Barker according to order presented an Address to his Excellency 
the Governor which he and Mr. Jones had prepared which was read and 
is as follows — 

To his Excellency Arthur Dobbs Esq Captain General and Commander 

in Chief of the province of North Carolina 
The humble Address of the Assembly of the said Province 

We his Majestys most Dutiful and Loyal Subjects the Members of 
the Assembly of North Carolina in full Assembly beg leave to lay before 
your Excellency a State of the Towns and Counties heretofore Erected 
within this province and the great Injury the Inhabitants would sustain 
by the Repeal of the Laws whereby they are Erected and Established 
which we have lately heard has been proposed to his Majesty by the 
Right Hon*"'" the Lords Commissioners of Trade and plantations and 
that your Excellency should confirm the Rights of the several Towns 
and Counties by Charter 

As we apprehend the repealing those Laws would in many Instances 
be attended with great Inconvenience from obvious Reasons not hitherto 
represented to their Lordships We presume with the greatest Deference 
to offer our Sentiments on whatsoever Essentially Concerns our Constit- 
uents and their Posterity. 



302 COLONIAL RECORDS. 



In the year 1722 there were nine precincts only out of which as the 
province Encreased in Numbers and the people extended their settle- 
ments other precincts were by Acts of Assembly Erected by Dividing 
and Subdividing those which had before Existed in the most advan- 
tageous manner for the ease of the people 

By an Act of Assembly passed in the year 1738 all the precincts in 
the province were denominated Countys and since that time by subse- 
quent Acts have undergone many Divisions and Alterations and others 
have been Erected out of them and the Boundaries settled and altered 
from time to time as were most suitable to tiie Circumstances of the In- 
habitants 

By an Act passed in the Year 1722 the Justices of the respective pre- 
cinct Courts were impowered and Directed to purchase an Acre of Land 
for the use of their respective Precincts, And in Virtue of that and sev- 
eral later Acts have purchased Lands whereon the Court Houses and 
prisons are Erected in the several and respective Counties. 

In the Year 1705 sixty Acres of Land on Old Town Creek in Bath 
County was Erected into a Township by the name of Bath Town and 
by several Subsequent Acts other Quantities of Land in different parts 
of the province have been Erected into Townships and laid out in Lotts 
which have by Commissioners therein appointed been sold and Conveyed 
to purchasers who in Faith of the said Acts have purchased the same 
and laid out and Expended large Sums of Money in Buildings and other 
Improvements thereon. 

From this State of the Case we humbly apprehend that if the said 
Laws should be repealed it w.ould be greatly prejudicial and give Uni- 
versal Dissatisfaction to the Inhabitants of this Province. The settling 
the Colony by the Accession of people from other places renders it nec- 
essary often to divide Countys and Erect a part of one into another and 
frequently to alter the Boundaries which could not be done were they 
Established by Charter inasmuch as every County Incorporated must 
remain intire unless the Charter were forfeited or surrendered by general 
Consent. Another gi'eat inconvenience from the repealing those Laws 
would be that the Lands whereon the Publick Buildings are Erected 
altho' Purchased and paid for would revert to the persons or their Heirs 
who had sold and received the Consideration Money for the same. The 
Inhabitants of the Towns in Case of a Repeal of the Laws by which 
they are Established would be wholly divested of their Tenements hav- 
ing no other Title than Deeds Executed by Commissioners Authorized 
by such Laws passed with the Consent and at the Request of the former 
Owners of the Land for Considerations long since paid and yet in Case 



COLONIAL RECORDS. 303 



of siicli Repeals, as a Charter could not take away tiie Ijegal Title the 
Estates would revert in such former Owners and their Heirs And the 
fair Purchasers be dispossessed of their Letts and Improvements 

From the many Instances and undoubted proofs that we have had of 
your Excellency's Benevolence and Endeavours to promote the Welfare 
of this province, We hope Sir you will permit us to request that you 
will be pleased to cause these Matters to be properly represented to -his 
Majesty in Order to prevent the Repeal of those Laws which would 
create the greatest Disorder and Confusion and induce many Trouble- 
some and Litigious Suits in Law to the Impoverishment of many honest 
purchasers And in Case the said Laws should be Repealed before such 
Representation can be made That you will endeavour to obtain his Maj- 
estys permission to pass other Acts for the Re-establishing the said Towns 
and Countys and to confirm the Rights and Titles to the people as they 
now stand and from time to time pass Laws for Erecting new Countys 
and Towns and for altering. Dividing and new Modelling Counties in 
such manner as at any time hereafter from an Increase of Inhabitants 
and their extending their settlements the same may become necessary in 
such manner as has been heretofore accustomed which Method from many 
Years Experience as well in this as the Neighbouring Governments has 
been found greatly to conduce to the Advantage and Benefit of the In- 
habitants And as after passing such Acts the power of Granting Char- 
ters Incorporating Towns Establishing Fairs and appointing Places for 
holding the Courts of Justice will still remain in the Crown 

We most humbly hope that this Application will not be construed by 
his Majesty to proceed from the least desire of Encroaching on his Royal 
prerogative which we shall always with the greatest Ardour and Zeal 
endeavour to the utmost of our Abilities to maintain well knowing that 
he' is Invested therewith for the Honour Dignity and Support of the 
Crown and for the Happiness and Safety of his people 

Resolved that the same stand for the Address of this House and be 
sent to his Excellency the Governor 

On motion ordered that Mr. Jones and Mr. Barker wait on his Excel- 
lency the Governor and acquaint him that this House had prepared an 
Address to him and desire to know when they shall attend him with the 
same. 

Then the House adjourned till to morrow morning 10 "Clock. 

Friday the lO"" January 1755. The House met according to adjourn- 
ment 



304 COLONIAL RECORDS. 



On motion ordered that Mr. Jones, Mr. Swanu, Mr. Barker, Mr. 
Swann jun'' and Mr. Heron do compare the Engrossed Bills with those 
whicii passed both Houses this Session in Conjunction with such Mem- 
bers of his Majestys Hon"' Conncill as shall be appointed for that pur- 
pose and that the following Message be sent to the Council to acquaint 
them therewith 

Gentlemen of His Majestys Hon"" Council 

This House have appointed Mr. Jones, Mr. Swann, Mr. Barker, Mr. 
Swann Jr and Mr. Heron to compare the Engrossed Bills with those 
which passed both Houses this Session in Conjunction with such Gentle- 
men of the Council as you shall think fit to Appoint 

Sent the above Message to the Council by Mr. Vaile and Mr. Swann 
Jun^ 

Received a Written Message from the Council as follows — 

Mr. Speaker and Gentlemen of the Assembly 

On reading a third time the Bill for raising a Fund for paying the 
Salaries of the Chief Justice and Attorney General and for other pur- 
poses We think it necessary that the Tax therein mentioned be continued 
for four years instead of Two as the Bill now stands and that the 
annexed Clause be added to the Bill if you approve thereof send two 
of your Members to see the Amendments made accordingly 
10'" January 1755 

The Clause referred to by the Message — 

And whereas — the sum of two thousand eight hundred pounds was 
appropriated for and towards the Contingent Charges of Government by 
an Act passed in the year 1754 Intituled an Act for granting unto his 
Majesty the sum of forty thousand pounds Bills of Credit at the rate of 
proclamation Money to be applyed towards defraying the Expence of 
raising and subsisting the Forces for his Majestys Service in this prov- 
ince to be sent for the Assistance ^of his Majestys Colony of Virginia 
and for other purposes therein mentioned under certain Restrictions in 
the said Act mentioned And Whereas it is absolutely necessary for his 
Majestys Service and for the support of the Credit of this Province that 
the said sum of Two thousand eight hundred pounds should be imme- 
diately issued for the Contingent Charges of Government there being at 
present no Money in the publick Treasury for that purpose — Be it there- 
fore Enacted by the Authority aforesaid that the said sum of Two thou- 
sand eight hundred pounds shall be immediately issued by the publick 



COLONIAL RECORDS. 305 



Treasurers for the uses and purposes in this Act mentioned and shall be 
replaced by the Tax herein before imposed and reserved in the Hands of 
the publick Treasurer untill his Majestys Royal Approbation of the 
before recited Act shall be obtained 

Which was read and Resolved that the said Message be taken into 
Consideration 

After several Debates thereon the Motion was made and the Question 
was put whether the House agree to the Amendments or not and carried 
in tiie Affirmative 

Ordered the following Message be sent to the Council 

Gextlemen of his Majestys Hon"' Council — 

This House taking into Consideration your Message of this Day witii 
the Amendments therein proposed to the Bill for raising a Fund for 
paying the Salarys of the Chief Justice ajid Attorney General do Con- 
sent that you make the said Amendments thereto and herewith send Mr. 
Ormond and Mr. Heron to see the same done. 

Mr. Ormond and Mr. Heron acquainted the House that they had 
waited on the Council and had soon [seen] Inserted the said Clause in 
the above said Bill 

Received from the Council a Written Message as follows — 

Mr. Speaker and Gentlemen of the Assembly — 

This House have appointed the Hon"" James Murray and Francis 
Corbin Esq" to compare the Engrossed Bills of this Session in Conjunc- 
tion with the Members of your House appointed on that Service 

Then the House adjourned 't'ill 4 "Clock Afternoon 

P. M. The House met according to adjournment 

Received from the Council the Bill to amend an Act Intituled an Act 
for destroying Vermin &c. Endorsed 10"" January 1755. In the Upper 
House read the third time and passed 

Ordered to be engrassed. 

According to Order Mr. Barker acquainted this House that himself 
with the other Gentlemen had waited on his Excellency the Governor 
and let him know that the House had prepared an Address to him and 
desired his Excellency to let them know when the House should wait on 
him with the said Address and that his Excellency was pleased to say he 
would receive them immediately. 



306 COLONIAL EECORDS. 



Mr. Speaker with the House waited on his Excellency the Governor 
with the said Address and being returned Reported that he had presented 
the said Address to his Excellency And that his Excellency for Answer 
said that he would by the first Opportunity transmit the same and make 
true Representation thereof. 

Received from the Council the Bill for raising a Fund for paying the 
Salarys of the Chief Justice and Attorney General Endorsed 10"' Jan- 
uary 1755. In the Upper House I'ead the third time and passed 

Ordered to be engrossed 

Then the House adjourned till tomorrow morning 9 "Clock. 

Saturday ll* January 1755 The House met according to adjourn- 
ment. 

The House according to order taking under Consideration an Extract 
of a Letter to his Excellenc}' from George Vaughan Esq"' which his 
Excellency caused to be laid before tliem wlierein he proposed a scheme 
for a Charitable Donation for the propogation of the Gospel! and Estab- 
lishing an Academy or Seminary of Learning in the said province, 

Resolved that a Message be sent to his Excellency to desire that he 
would be pleased to acquaint Mr. Vaughan that they have a due sense 
of his Goodness in the Intended Donation and return him their Thanks 
for the same and shall at any time when necessary give all the Assistance 
in their power to Confirm and secure in the most Effectual manner the 
Fund he proposes to fix that the Charitable purposes he intends thereby 
may fully take Effect. 

His Excellency the Governor caused to be laid before this House a 
Letter to him from Mr. M°Cullocb the Deputy Auditor in Relation to an 
Instruction from his Majesty directing that all publick Accounts should 
be Audited by the Auditor General or his Deputy in which the said Mr. 
M°Culloch informs his Excellency that no Accounts of Publick Moneys 
have ever been produced to be audited by him except what has been pro- 
duced by the Receiver of the Quit Rents all other Accompts having been 
passed in the Assembly — Whereupon the House Resolved that a Mes- 
sage be sent to his Excellency the Governor to acquaint him that all 
public Money raised by Tax on the people have ever heretofore been 
Accounted for by the persons appointed by Act of Assembly for receiv- 
ing the same to a Committee nominated and appointed by the Council 
and Assembly for such purposes and on their Report such Accompts 
have been Examined in open Assembly and concurred with by the 
Council then entered in Books and lodged with the Clerk of the Assem- 
bly who never has refused Copys to any Person who applyed for the 
same to their knowledge. 



COLONIAL KECOEDS. 307 



Mr. Miinden and Mr. Williams waited on his Excellency the Gover- 
nor with the foregoing Resolves — 

Mr. Chairman of the Committee of publick Claims acquainted this 
House that the Committee had settled and allowed several Claims which 
he reported to the House the same were read and agreed to by the 
House — and were sent to the Council by Mr. Herron and Mr. Houston 
for Concurrence 

Resolved that the several Sums following be paid to the several Officers 
of the Assembly and other persons respectively — 

To William Herritage C"' of the Assembly 
John Nichols C"'. Committee of Claims &c 
William Foster for 
William Heritage "p Transcript of Journal of 

last Sessions to the printer 
To Ford for Services 
To Lawrence Donaldson for House room 
To Jasper Chareton for Services 
To W" Mouat for Services 
To Mr. Powell for D° 
To the Reverend James Reed Chaplain 
To W" Heritage for Stationary W^are 
To the Reverend John Lappier 

Mr. Swann Chairman of the publick Accompts acquainted the House 
that the Committee had Examined stated and settled the said Accompts 
which he reported to the House which were read On which the House 
Resolved That the several Accompts in the Report mentioned of the 
Southern Treasurer appear to be just and are approved of by the House 
and that the several Accompts produced by Mr. Thomas Barker men- 
tioned in the said Report appear likewise to be just and are also ap- 
proved of by the House and that the rest of the said Report Except what 
relates to the Sum of £958.1.4 delivered in by the said Committee to the 
House to be burnt be referred to the next Session of Assembly for Con- 
sideration 

Resolved that the sum of £9-58.1.4 on the sinking Fund paid into the 
Committee of publick Accompts and the Sum of £2,034.10.3 old Bills 
produced to the Committee of Claims be Burnt and that the following 
Message be sent to the Council (Viz') 

Gentlemen of his Majestys Hon"' Council, 

This House have resolved that the Sum of nine hundred and fifty 
Eight pounds one Shilling four pence paid on the Sinking Fund to the 





£ 


s d 




30 " 


« 




20 " 


" 




3 " 


" 


"} 


5 " 


" 




15 " 


" 


Committee 


3 " 


10 " 




12 " 


" 




7 " 


10 " 




15 " 


" 




10 " 


" 




2 " 


" 




20 " 


!' 



308 COLONIAL RECORDS. 



Committee of publick Accompts And also the sum of Two thousand 
and thirty four pounds ten shillings and three pence old Bills delivered 
by several Claimants to the Committee of Claims this Sessions be burnt 
on Monday morning 11 "Clock and have appointed a Committee of this 
House in Conjunction with such of your Honours as you shall think fit 
to see the same done. 

Sent the above Message to the Council by Mr. Heron and Mr. Hous- 
ton. 

Resolved That the sum of Five pounds proclamation Money be paid 
the Speaker of this House for the time being and the Sum of Fifty shil- 
lings like money be paid the Clerk of this House for the time being on 
each private Bill the one Moiety or half of which said Sums shall be 
paid at the bringing in of each Bill to the said Speaker and Clerk 
respectively the other Moiety or half part at the passing the same by 
the Council and Assembly 

Wiiereas it appears by Mr. Starkeys Accompt that there is the Sum 
of Twenty pounds seventeen shillings and Ten pence proclamation money 
due from the Commissioners for revising the Laws and this House taking 
into consideration that the said Commissioners will be great loosers by 
the said undertaking Therefore Resolved that the said sum of Twenty 
Pounds seventeen shillings and Ten pence be remitted them and that 
they from the payment of the said Sum be Discharged 

Mr. Robert Jones and Mr. William Williams moved for leave to 
absent themselves from the Service of the House as did also Mr. Wil- 
liam Kinchin 

Ordered they have leave accordingly 

Then the House adjourned 'till Monday Morning 9 "Clock 

Monday the IS"" January 1755 The House met according to adjourn- 
ment. 

Received a written Message from the Council as follows 

Me. Speaker and Gentlemen of the Assembly 

Your Message of the 11"" signifying that you had appointed a Com- 
mittee of your House to see the Sums of Old and new Bills burnt this 
Morning at 11 "Clock not having been delivered 'till 4 "Clock this After- 
noon this House have appointed a Committee to join yours to see the 
said Bills burnt tomorrow morning 9 "Clock. 
13'" January 1755. 

Then the House adjourned 'till tomorrow morning 9 "Clock. 



COLONIAL RECORDS. 309 



Tuesday the 14* January 1755 The House met according to adjourn- 
ment. 

The Committee appointed to see the sum of £958.1.4 proclamation 
Bills and the sura of £2,034.10.3 old Bills Burnt Reported that they 
had burnt the above said two sums. 

This House taking into Consideration the Necessity of providing a 
proper Store House for the secure keeping of the Arms sent by his Maj- 
esty for the Use of this Province Resolved that a Message be sent to his 
Excellency the Governor to desire he would be pleased to appoint some 
person to provide a sufficient Store House for the safe keeping the Arms 
sent by his Majesty for the Use of this province and keep the same clean 
and in good Order untill his Excellency shall cause them to be distrib- 
uted for his Majesty's Service and that the person so appointed by his 
Excellency shall have a reasonable Allowance for his Expence and 
Trouble therein jjaid out of the Treasury. 

Ordered that Mr. Barker and Mr. Ormond wait on his Excellency to 
acquaint hira therewith and that the Clerk Transcribe the said Resolve 
and deliver it to his Excellency. 

His Excellency the Governor sent a Message to the House command- 
ing the Immediate Attendance thereof in the Council Chamber with what 
Bills were Engrossed 

Mr. Speaker with the House waited on his Excellency the Governor 
in the Council Chamber with the following Bills (Viz') 

1. The Act for granting an Aid to his Majesty for the Defence of the 
Frontier of this province and other purposes. 

2* The Act for securing the payment of Quit Rents due to his Maj- 
esty and Earl Granville for quieting the Freeholders in the possession of 
their Lands and other purposes 

3* The Act for granting to his Majesty a Duty on the Tonage of Ships 
and other Vessells coming into this province and other purposes. 

4* The Act for Establishing the Supreme Courts of Justice Oyer and 
Terminer and General Goal Delivery of North Carolina 

5* The Act for Establishing County Courts for Enlarging their Juris- 
diction and settling the Proceedings therein. 

6"" The Act to provide Indifferent Jurymen in all Causes Criminal 
and Civil and for an allowance for the Attendance of Jurors attending 
at the Supreme Courts. 

7* An Act to facilitate the raising Recruits to serve his Majesty in the 
intended Expedition against the French on the Ohio and guarding the 
Frontier of this Province. 



310 COLONIAL RECORDS. 



8"" The Act for appointing Parishes and Vestries for the Encourage- 
ment of an Orthodox Clergy for the advancement of the protestant 
Religion and for the Direction of the Settlement of parish Accompts. 

9* The Act to restrain the Exportation of bad and unmerchantable 
Tobacco and for preventing Frauds in his Majestys Customs. 

10"' The Act for raising a Fund for paying the Salarys of the Chief 
Justice and Attorney General and for other purposes 

11"" The Act to repeal an Act to prevent the Exportation of Raw 
Hide pieces of Hides and Calf Skins out of this province. 

12"" The Act to prevent Malicious Mahming and wounding. 

13* The Act to amend an Act Intituled an Act for destroying Ver- 
min in this province. 

14"" The Act for appointing the several Ferrys therein mentioned and 
for obliging the Commissioners of the several Districts to make Roads 
to the same. 

IS"" The Act to Establish a publiek Ferry from Newbys point to 
Phelps point whereon the Court House now stands on Pequimons River. 

16* The Act to Confirm an Agreement made by the present Church 
Wardens and Vestry of Christ Church parish in Craven County with 
the Reverend James Reed. 

To which said sixteen Bills his Excellency was pleased to give his 
Assent. 

Mr. Speaker with the House returned and Mr. Speaker reported that 
his Excellency the Governor had assented to the foregoing sixteen Bills 
and then made the following Speech (Viz') 

Gentlemen of his Majestys Council, Mr. Speaker and Gen- 
tlemen OF THE AsSEAtBLY, 

The steady zeal you have shown for his Majestys person and Royal 
Family and support of his Government and securing the payment of his 
Quit Rents and the Unanimity with wliich you have proceeded in doing 
everything necessary to your present Ability for the peace security and 
defence of this and the adjoining Colonies and in securing your Religion 
Rights and properties from French Encroachments and papal Tyranny 
requires my returning you sincere Thanks which I will faithfully repre- 
sent to his Majesty. 

Your Application and the Dispatch you have made in preparing and 
passing many necessary Laws for the Improvement of Trade easy dis- 
tribution of Justice and for the maintenance of an Orthodox Clergy well 
deserve the thanks of your Constituents and of all who wish well to this 
Province. 



COLONIAL RECORDS. 311 



I am particularly obliged to you for the favourable Sentiments which 
you have Expressed of my Endeavours to serve his Majesty and to pro- 
mote the peace security and Improvement of this Colony according to 
the Trust his Majesty has reposed in me. 

Me. Speakee and Gentlemen of the Assembly, 

I return you in particular my hearty thanks for the supplys you have 
granted for the Defence of this Colony and for the Assistance of Vir- 
ginia and Contingencys of Government with which you have instructed 
me which I shall Endeavour to apply with the greatest Economy for his 
Majestys Service and Security of this Province. 

Gentlemen of his Majestys Council Mr. Speaker and Gen- 
tlemen OF the Assembly, 

As your Close Attendance and your Private Affairs will require your 
separating at this time and returning to your several Counties I most 
earnestly recommend to you the promoting peace and Harmony in your 
several Counties and that you will Exert yourselves in yourseveral Districts 
in putting in Execution the several Laws formerly and now made for 
promoting true Religion and Virtue and due Execution of Justice and 
promoting the Trade and Improvement of this Province and to take 
Care that the Supplies you have so Chearfully granted be duly and care- 
fully levied and paid in to answer the purposes for which they are granted, 
without which your Lives Religion, Liberties and properties cant be 
secured nor the Government be enabled to defend you as all Laws are 
a Dead Letter if not duly Enforced and put in Execution. 

Then the House adjourned till 3 "Clock Afternoon. 

P. M. The House met according to adjournment 
Received a Written INIessage from his Excellency the Governor as 
follows 

Mr. Speaker and Gentlemen of the Assembly 

As there appears a Surplussage at present of the £12,000 Issued for 
the Assistance of the province of Virginia in Case Colonel Innes upon 
making up his Accompts has no Demand for that Overplus I should be 
glad to have your Sentiments how the remaining Overplus shall be laid 
out and who you will empower to dispose of the same pursuant to the 
Act appropriating the same. ARTHL^R DOBBS. 

The House taking the above said Message into Consideration unani- 
mously resolved in Case Colonel Innes on making up his Accompts 



312 COLONIAL RECORDS. 



shall have no Demands for the Surplus of the said £12,000 that so much 
thereof as shall remain unapplied shall be paid to such person or persons 
as his Excellency the Governor shall direct and be applyed in assisting 
the other Colonys in the Expedition against the French at Ohio in such 
manner as his Excellency shall at any time think fit for his Majestys 
Service. 

Sent the following Message to his Majestys Hon"° Council (Viz') 

Gentlemen of his Majestys Hon*"'" Council 

This House received a Message from his Excellency the Governor 
acquainting them that there appears a Surplus of the £12,000 Issued 
for the Assistance of Virginia therein desiring the Sentiments of this 
Hou^e how the same shall be laid out and by whom'And having taken 
the said Message into Consideration have unanimously Resolved in Case 
Colonel Innes on making up his Accompts shall have no Demands for 
the Surplus of the said Twelve thousand pounds that so much thereof 
as shall remain unapplied shall be paid to such person or persons as his 
Excellency the Governor shall Direct and be applied in assisting the 
Colony of Virginia in the Expedition against the French at Ohio in 
such manner as his Excellency shall at any time think meet for his 
Majestys Service Which we desire your Honours Concurrence. 

JNO CAMPBELL, Speaker. 

Sent the above Message by Mr. Barker and Mr. Ormond. 
Received the above Message from the Council Endorsed concurred 
with 

Then the House adjourned till tomorrow morning 11 "Clock. 

Wednesday IS"" January 1755. The House met according to ad- 
journment. 

His Excellency the Governor was pleased to prorogue this Assembly 
untill the Twenty fourth day of September next to be then held at New- 
bern. 



[B. P. R. O. Am: & W. Ind: Vol. 68.] 

Sir, 

I send you with this an Address to His Majesty from the House of 
Assembly of this province, which I hope will be acceptable, as it goes 
attended with a Vote of Supply of £8000 this Currency to be employed 
in the Assistance of Virginia & Defence of this Frontier; I was in hopes 



COLONIAL RECORDS. 313 



to have got 200 for one year for Virginia alone, l)nt upon a Division it 
was carried to liave but 100 Men for 2 years in one Company commanded 
by one Captain two Lieutenants and one Ensign, and a Company of 50 
men under one Captain one Lieutenant & Ensign for tiie Defence of tliis 
frontier, having had so many lately murder'd by the French Indians, 
and French in the Indian Dress. 

As this Supply comes w* Unanimity from his Majesty's faithful Sub- 
jects of this Colony who have already shewn au early Zeal against the 
French Incroachments & Invasions, altho the sum granted had not the 
good Effect expected from it ; yet considering the late divided state of 
this Province, and the ill state of the Revenue here, and great Debt upon 
Account of the paper Bills formerly and lately issued, which must be 
discharged, and there being a Necessity for to raise this by a farther 
paper Currency or issuing the Bills already appro])riated to other uses, 
there being neither Bullion nor Coin in the Country, by which the 
Troops can be paid when they go out of the province, and the present ill 
state of the Currency, which the Northern Counties won'd not circulate, 
because they disallowed the Legality of the Assembly, and therefore 
wou'd not submit to pay any Taxes laid on to discharge the Bills, which 
prevented their circulating in Virginia, under this S'tuation & Circum- 
stances, this sum is as much as they can find ways and means to supply, 
and therefore humbly hope his Majesty will accept of what they have 
granted with a sincere Zeal for his Service. As his Majesty has happily 
put an End to those Divisions, I hope we shall soon restore our credit, and 
as soon as the Law is passed, I shall endeavour with the best Economy to 
make it effectual, and to have the Company ready if possible at the time 
appointed to enter upon action. 

If His Majesty has sent over Commissions for the Troops raised in 
Virginia, I hope His Majesty will be graciously pleased to grant Com- 
missions in the same manner to the Companies raised here, that thoy may 
all act equally under his Majesty's Commission. 

Having wrote fully to the Ijords Commissioners of Trade upon other 
]ioints I therefore shall only beg leave to assure you that no Care and 
Diligence shall be wanting in me to keep up the Spirit against the French 
Incroachments Invasions and Depredations, and to execute the Trust his 
Majesty has reposed in me 

I am with great Respect 
New Bern Sir, your most obedient and 

Jan^ P' 1755 must humble Servant 

ARTHUR DOBBS 

Vol. 5—14 



314 



COLONIAL RECORDS. 



3. P. R. O. North Carolina. B. T. Vol. 12. C. 53.] 



An Abstract of the Shipping & Tonnage & number of negroe.s Euter'd 
in North Carolina at a medium of 7 year.s ending y* 1 Jan'^ 1755. 

No of Ships Sums 

18 From Currituck for one year ending 1" Jan^ 1755 225 
98 From Cape Fear at a Medium of 7 years ending 
1 754 last Quarter not compleated Tunnage at a 
Medium "^ Registry not much above half not 
f^' of the Tonnage 5507 

28 From Bath Town at a Medium of 7 years to Xmas 

1754 1163i 

Negroes last year 19 
79|- At a medium of 7 years from Port Beaufoi't or 

Newbern ending 5"" Jan"" 1755 3136 

Negros at a Medium 17 
100 Edenton not return'd the Deputy Collector dead 

above 100 Vessels computed at a Medium 10031 



20,062 



Rec" with Gov' Dobbs's Lett' dated y= 8'" Feb'^ 1755. 
Rec^ March \^^, 



Read April 8 j 



(55. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 54.] 



Mv Lords [of the Board of Trade] 

By my 128* Instruction I am commanded to lay before your Lord- 
ships the Wants & Defects of the Province, the chief Products, what 
new Improvements are made or may be made by the Industry of the 
Planters or what Advantages may be made by trade, and which way 
his Majesty may contribute thereto. 

What I have chiefly observed since I came here as to the wants & 
Defects of this Province is first the want of a sufficient Number of 
Clergymen to instil good principals and Morality into the Inhabitants, 
& proper sSchool masters to instruct their Youth, the want of which occa- 
.sions an Indolence & want of Attention to their own good, which with 



COLONIAL RECORDS. U15 



tlie warmth of the climate & plenty they have of Cattle & fruit without 
Labour, prevents their Indu.stry, by which Means the Price of Laljour 
is very high, and the Artificers and Labourers being scarce in com])arisou 
to the number of Planters, when they are employed they wont work 
half, scarce the third part of work in a Day of what they do in Europe, 
and their wages being from 2 Shillings to 3, 4, & 5 Shillings %! diem 
this Currency, the Planters are not able to go on with Improvements in 
building or clearing their J^ands, and unless they are very industrious 
to lay up as mucii as can purchase 2 or 3 Negros, they are no ways able 
to cultivate their Lands as Your Lordships expect and consequently the 
Clause of Cultivation must be lessfued or relaxed, and (inly \te kept 
as a Rod over them to prompt them to be industrious, and tiicrefiirc 
young or new Planters couki not venture to take up Lands, and those 
who are rich can't get hands to assist them to cultivate, until tlicy can 
buy Slaves and teach them some handicraft Trades But as all the chief 
Planters now are sensible of their wants and Difficulties, the Assembly 
is determined to give a proper Encouragement to learned and pious 
Clergymen and to encourage Schools; but am of Opinion it wou'd be of 
great Service to his Majesty & to Britain and great Satisfaction to the 
Inhabitants, if a Bishop was appointed or a Clergyman with Episcopal 
power to confirm the Youth, to visit & keep the Clergy to their Duty, 
and to concur in putting the Laws in Execution by removing them it 
convicted by a Jury of any gross Immorality, non Residence or Inatten- 
tion to their Cure, and to put Persons qualified into orders, without the 
Expense trouble & Delay of going to be ordained and licensed by the 
Bishop of London, without giving them any other Judicial power spir- 
itual Courts as in Britain, which only occasions Rancour and Divisions 
between the Bishops & Laity in Britain, and that the Power of Excom- 
munication for enormous Immoralities shou'd only extend to their being 
only secluded from the Rites of the Christian Church, without any Civil 
Incapacities Fines & Penalties, have been inflicted by the popish Church 
to raise the Power of the Clergy another Defect of the Province is the 
defenceless State of the sea Coast, and NA'ant of a sufficient Depth of 
Water for large Ships to carry away Lumber in the Northern Part of 
this Colony, the River of Cape Fear being the only River capable of 
receiving Ships of considerable Burthen byhaving a Tide to carry them 
up a great way into the Country, the Rivers of Chowan Roannocks, 
Pamplico & Neuse being very large ant! defended from the Violence 
of the Sea by a Chain of Islands which run almost from the Capes of 
Virginia to Topsail Inlet, and even as far as new River thro which there 
are only a few narrow Inlets, Currituck not having above six tcet Water, 



316 COLONIAL RECORDS. 



Roannock uot above 10 or 12 often less by shifting sands Stattera [Hatte- 
ras] often closed np, and Oeacoek only having a Depth of Water upon the 
Bar of about 16 Feet at high Water sufficient to bring in Ships to a safe 
Road, but having no Tides through these narrow Inlets, and great Freshes 
within from these great Rivers, a Swath or loose Sand is form'd within 
the Islands upon which there is not above 8 or 9 feet water which often 
shifts, therefore no Vessel of Burthen can pass it until they discharge 
Cargo, and can only return again half loaded, & have the Remainder 
sent down in I^ighters, Sloops, or Periaquas and during last War for 
want of a fort to defend the Entrance, the Privateers seeing the Masts 
of Ships within over the low sandy Islands went frequently in and cut 
out the siiips from the Harbours, or rode within and carried them to sea ; 
Topsail Inlet or Core Sound is a very safe Harbour with deep Water 
and no Bar, l)ut having no navigable River within no considerable Trade 
can be carrieil on from thence, and as there is an extream fine but small 
Harl)onr with a good large safe Road found lately at Cape Look Out, 
which the P^reneii and Spanish Privateers found out, and frequented last 
War whicii lies within a few hours of Sail of Ocacock Northward & 
Cape Fear to Soutliward and almost within Sight of Topsail Inlet, there 
is an absolute Necessity of building a fort there, as well for a Safety for 
our Merchants & small Cruisers, as to prevent our Enemies from lying 
there in safety; but as there is a sum of Money in Bank to erect forts 
there & at Ocacock, and one already built at Cape Fear, and the Colony 
very poor and in Debt, it is humbly hoped that his Majesty will place 
an independent Company upon Establisiiment of 100 Men for this 
Province, not only to garrison these forts and one on our Frontier but 
also to assist the Revenue Officers to prevent an illicit Trade and to 
assist, if necessary, the surveyors to resurvey his Majesty's Lands in 
order to prevent Frauds in the Receipt of the Quit Rents. 

The chief Products at Present in this Colony are Pitch, Tar, Turpen- 
tine, and other naval stores, Lnnil)er of all kinds, Rice, Indian Corn, 
Pork, Beef, Hydes, Deer Skins & furs, Bees and Myrtle wax, Cotton, 
Indigo, which they are now enter'd u])on w"' great Spirit, as finding it 
from what has been tried to be equal t(i any in America, and all the back 
Lauds, and other rich Lands near the sea Coast it thrives in to Admira- 
tion ; The Climate is extremely ]iroper for silk, Mulberry Trees from 
the seed become Trees in -i or 4 years. Wines may be had higher up in 
the Country among the Hills near the Mountains, where there is a great 
Variety of native Grapes, which yield rich wines, which only want pro- 
per Vine Dressers to improve them Iron Mines also abound in the 
upper Countries and some of the u|i]>er Planters intend to erect Bloom- 



COLONIAL RECORDS. 317 



eries or Forges. Hemp & Flax grow surprizeingly and flax secil lias 
been exported by the way of Pensylvania from hence to L-eland, which 
has been found to exceed the best Pensylvania & New York Seed, but 
for want of a direct Trade to Ireland from hence being confined in our 
Exports, prevents the raising of Flax here, except for the Consumption 
of the Colony, which for want of having Returns to send to Britain and 
Ireland, all the back settlers are running into to serve themselves with 
their own Linnen ; Besides these several Articles Tobacco wou'd thrive 
here and is of a better kind and yields more than in Virginia, but as 
that Article is rather over stocked, and wou'd prejudice the Trade of 
that Colony we give no Encouragement here none except the Planters 
on the Virginia Line and Roannock and Chowan being embarked in it 
as far as 2000 Hogsheads. 

There are no Manufactures set up here but one ur two Families who 
make a few ill made coarse hats, and some of the Irish back Settlers 
beginning to the Linnen. 

I shall now beg Leave to lay before your Lordsiiips the Difliculties 
we ly under in this Province in Relation to our Trade, which is a great 
Drawback upon our Improvements, and hope to make it appear to be 
equally so to Britain. 

The Prohibition of the Trade of Salt from all Parts of Europe except 
Britain, to tiiis & the southern Provinces on the Continent South of 
Cape Henlopen or Delaware is a considerable Drawback upon our Trade 
the English Salt is not found so good, as the French, Spanish or Portu- 
guese in curing our Pork & Beef being too mild and the Isle of Mav 
Salt Tatuga & Turks Island Salt are too corrosive, eating away the Juices 
but the Bay and Portugal Salt is a Medium between them and found 
here the only proper Salt to cure Pork and Beef for the sugar Islands 
And therefore the Enumeration and Limitation of this Trade obliges us 
to take that Salt at great Disadvantage from New York and Pensylvania 
at double freight and a further advanced Price to the Northern Impor- 
ters, so that no more salt is taken from England by the Restriction ; But 
if the Trade was open'd from hence to Portugal and Spain directly for 
salt & Wine which we can have only from Madeira or the Azores 
Islands upon which Account the Wines are risen to a great Price in 
England as well as here, we sliou'd open an immediate Trade with Por- 
tugal and Spain for their Wine and Salt and shou'd carry to them all 
kinds of Lumber, Indian Corn, Bees wax Ships, and Naval Stores, 
which they now take from foreigners and have some Return in Bullion 
for to make Returns directly to Britain for the choice Manufacture we 
must have from thence, when at present they cost the planters here near 



318 COLOXIAL RECORDS. 



100 "^ cent advance, having no Returns for Britain, but at a Loss of 
above 30 '^ cent Discount, giving often 60 '^ cent to procure Bills; this 
must necessarily oblige the Planters & back settlers to go into Manufac- 
tures to the great Loss of Britain 

We are also greatly cramp'd in our trade to Ireland, having little or 
nothing we can send from hence there except a little flax seed, for liUm- 
ber will not answer withont an Assortment of other Produce from hence 
so that Ships coming from Ireland must return empty; upon* this 
Account we are prevented from raising of flax, and what flax seed has 
been sent as a Specimen to Ireland we have been obliged to sliip from 
Pensylvania or New York, to be carried from thence, which upon Tryal 
has been found to answer better in Ireland than any Seed from tiie Bal- 
tick, or Northern Colonies the Trade from Ireland being also limited to 
Linnens and Provisions, which we don't want, and to Servants and Irish 
Protestants who choose to come to reside in this Climate, the Ships for 
want of Returns carry them all generally to Pensylvania from whence 
at a great Expence they come by Land in Waggons to the Province, 
but their Wealth being expended they are incapable of improving or 
cultivating the Lands they take up for sometime which is a great Loss to 
this Colony. The depriving tiierefore these Southern Colonies of sending 
most of the innumerated Commodities directly to Ireland being obliged 
to enter every Ship first in England and to land & reship their Goods, 
inhances the Price so much without Benefit to England that very little 
of the Produce from hence can be sold in Ireland and they are obliged 
to take all they want with ready Money from- Norway to the Baltick ; 
Thus it stands as to naval Stores, Masts, Yards, Bowsprits, Tar, Pitch, 
Turpentine Rice, Indigo, &c As to Rice it seems very surprising that 
it shou'd be allowed to go to all Countries South of Cape Finisterre and 
not allowed to be carried to Ireland at least for their own Consumption ; 
by which Means I don't believe 5 Tons is carried in a year from Britain 
to Ireland ; If it was only intended to prevent its being exported again 
from Ireland to Hambro' or the Baltick that might be easily prevented 
by not allowing it to be re-exported from Ireland, only by its not having 
a Drawback ; nor can I find any Benefit to Britain that Pitch, Tar, 
Turpentine, Masts, Yards, & Bowsprits, .shou'd not be exported from 
hence directly to Ireland without a Premium, since it occasions all those 
Articles as also Timbers and Deals to be imported into Ireland from 
Norway and the Baltick with ready Money from Ireland, whereas if 
sent from tiiese Colonies the Cash wou'd be saved at home by our remit- 
ting by Irish Bills to England or Cash from thence to answer the Pay- 
ment of the rich Manufacturers we have from England, not one of these 



COLONIAL RECORDS. 319 



Articles can uow be carried from hence to Ireland, for if a Tun of these 
enumerated Commodities shou'd he taken on board and landed there 
without carrying and entring the ship in Britain, the Ship & Cargo 
wou'd be forfeited, & therefore no Ship can go from hence to Ireland 
with Staves or Lumber because they can't carry a small Assortment of 
these inumerated Goods. 

If these Difficulties were removed, then we shou'd have an immediate 
Trade with Ireland for our Produce, and take Linnens in Return and be 
able to make Remittances to England for their Manufactures, which would 
entirely prevent these Colonies from manufacturing Linnens, or entring 
into otlier Manufactures; It is also the same with Indigo, Ireland is now 
obliged to take these commodities from foreigners w"" ready Money which 
then they wou'd get, for their Linnens. These are things so obvious 
when thought of, that I am surprised these confining Laws shou'd not 
be repealed, or. allowed of under proper Restrictions; — As we have no 
Cacao Nuts of our own growth in the Islands, I think the Prohibition 
of importing these Nuts from the Spanish or Dutch Settlements can be of 
uo Advantage to Britain or our Colonies, since if allowed at a moderate 
Duty might open some Trade on the Spanish Coast, or with the Dutch, 
which might bring us some Return in Bullion, and at present it is run, 
and brought chiefly from the French by the Neutral Islands, Eustatia, 
St Thomas, or S'" Cruz; w""" wou'd be a further Vent to our Lumber & 
provisions These several Articles I lay before Your Lordships for your 
consideration but think until these points can be properly considered, 
that the Limitation of Portuguese and Spanish Salt & Wines as also 
from the Streights shou'd be immediately laid before the Parliament, as 
also the taking off the Exportation of naval Stores Rice & Indigo to 
Ireland, for England can gain nothing at present by the Restriction, as 
no Rice is imported into Ireland, and what Indigo goes from England to 
Ireland after receiving the prconciem in England is a Loss to England 
and an unnecessary Expence to Ireland, by obliging them to buy French 
Indigo at a higher Price than from our own Colonies ; If your Lord- 
ships approve of these Observations the Agents for these Southern Prov- 
inces will chearfully prepare Petitions on behalf of these Colonies to be 
laid before the Parliament a Ilemorial to the Purpose I inclose with this 
to your Lordships, and a very short Bill wou'd repeal these restraining 
Ijaws, as far as may be found proper, with proper Restrictions, and they 
wou'd not only enable the Colonies to be at a further Expense in securing 
their frontiers, but add to their zeal in supporting the Rights & Com- 
merce of Britain. 



320 



COLONIAL RECORDS. 



These Observations I beg leave to lay before Your Lordships, as I 
think they are of great Consequence to the Trade of Britain, and the 
Colonies and submit them to your Lordships superior Judgement I 
am with the greatest Respect My Lords, &c., 

Newbern 4"' Jan"^^ 1755. ARTHUR DOBBS. 



A General List of Taxables 
year 1754. 



as ret* into the Secretary's Office for the 







WHITE. 


BLACK. 






COUNTIES 


CLERKS 


MEN. 


MALES. 


FEMS. 


TOTAL 




Anson K. 


Henry Hendry 


810 


40 


20 


870 


computed 


Beaufort K G 


Wallev Chaina 


637 


267 


218 \ 
24; 


1306 




184 not distinguished 


120 


40 






Bertie G. 


Saml. Ormes 


1220 


289 


200 


■1709 


.not dist. in return 


Bladen K. 


Thos. Robison 


338 


226 


120 


684 




Carteret K. 


Geo. Keed 








400 


computed 


Chowan G. 


Wm. Halsey 








1481 


not distingh'd 


Craven K. 


Sol. Rew 


870 


468 


308 


1646 




Cumberland K 


Tos. Jones 








850 


computed 


Currituck K. G. 


Shergold 


470 


80 


70 


629 


computed 


Duplin K 


Dickson 


560 


105 


63 


628 




Edgeconib G 


Benj. Wynns 


1611 


508 


416 


2535 




Granville G. 


Danl. VVeldon 


779 


261 


165 


1205 




Hyde K. G. 


Saml. Sinclare 


237 


100 


83 


420 




Johnston K. G. 


Chas. Young 








1425 




New Han'r K 


Isaac Faries 


362 


799 


575 


1736 




Nortliarapton G 


. John Edwards 


902 


510 


324 


1736 




Onslow K 


Willm. Crag 


448 


151 


96 


695 




Orange G. 


R'd Caswell 


950 


35 


15 


1000 


not ret'd 


Pasquotank G. 


Thos. Taylor 


563 


266 


100 


929 




Perqnimons G. 


R'd Clayton 








1117 




Rowan G. 


John Dunn 


1116 


30 


24 


1170 




Tyrrel G. 


Evan Jones 


500 


100 


90 


690 


not distingh'd 






12393. 


4275. 


2911. 
4275. 


24861. 





Received with Gov'' Dobbs's Letter dated 4* Jan'^ 1755. 



INDIANS IN NORTH CAROLINA 

Anson County 

The Catawba Nation under King Hagler are of Warriors . 

The Warriors of the Cherokee Nation are 2390 divided into 
diiferent Settlements viz' The Savana River under the Good 
Warrior Headman ..... 275 

On the waters of the Mississippi under the Raven of Cowee 715 



240 



COLONIAL RECH3JiDS. 321 



The upper Settlem' of Mississippi under the Roiiud O. Head 
Man . . . . . . .415 

In the Valley under the Raven of Highwasa . ' . 545 

The lower Settlem' of Mississippi under the Emperor of Til- 
law & Old Hop of Chote the two head men of the Chero- 
kee Nation ...... 640-2590 

Bertie County 
Of the Warriors of the Tnskerora Nations are . . 100 

The Women & Children ..... 201—301 

Chowan County 
Of the Chowan 2 Men & 3 Women and Children . . 7 

Granville County 
The Saponas about 14 Men & 14 Women ... 28 

Children ....... 

Northampton County 
The Mecharens aI)out 7 or 8 fighting men ... 8 

These are all the Indians except about 8 or 10 Maramusket 

Indians and as many on the Islands or Banks . . 20 



[B. P. R. O. North Carolina. Vol. 12. C. 86.] 

To the Right Honourable the Lords Commissioners for Trade & Plan- 
tations 

The Memorial and Representation of the Merchants, Traders and 
Planters in North Carolina Humbly sheweth, 

That the Trade of this Province is under great inconveniences from 
the restrictions they lye under in several Articles of their Trade, which 
j)revents their exporting their produce to advantage and from their being- 
prohibited from importing several Commodities in the Chea[)est and most 
expeditious manner, which is without any beneft to Britain, but rather 
to its prejudices, for by the dearness of the imports and low price of the 
Exports by the increase price of freight and loss of time, they have not 
returns to make to Britain for all the Manufactures and other necessaries 
they have from thence, which necessarily lessens the Trade to Britain and 
must as y° province increases in numbers, force the planters to set up 
manufactures or to be without necessary Clothing, since they cau't have 
returns to pay for the British Manufactures. 



322 COLONIAL RECORDS. 



That there are several enumerated Commodities which they might 
export to Ireland, & other parts of Europe to advantage, which now lye 
upon hands, the price for which they are sold in Britain viz' pitch, Tar, 
Turpentine, masts, yards and Bowsprits, which might l)e exported to 
Ireland, Spain & Portugal or to the Streights togreat advantage, who 
now take these Articles from Norway & the Baltic with ready money. 

That the prohibition of taking salt from any part of Europe, except 
from Britain, to any of the Provinces South of Delawar in Pensilvania 
and of wine from any part of Europe, except by way of Britain, or from 
the Azores or Madeira, is also an inconceivable prejudice to the Trade of 
this Province. 

That the great increase of settlements in this Province of late in the 
Countries at a distance from the sea, has increased tiie Breeding of Cat- 
tle and Hogs, by which means a great Trade might be carried on to the 
West Indies by Beef and Pork, if they had proper salt for curing and 
packing the same at the cheapest Hand. 

That it is found by experience in this warm climate, that English salt 
is too mild to preserve beef and pork for any length of time and the salt 
from the isle of Man, Tortuga or Turks fsland, is too strong, wiiicli cor- 
rodes and destroyes the jucies, so that they are obliged to get the salt from 
Spain and Portugal by the way of New York and Pensylvania, at a 
double Freight and much greater expence to cure their beef and Pork to 
the amount of above 20000 bushels yearly, and are obliged to drive the 
crreatest part to Virginia & Peusilvania at great expence and loss of time, 
and take goods from thence in return at a great price and disadvantage, 
by which means all Britisii goods come'to this Province at a high advanced 
price, having no other way of making returns to Britain. 

Your Memorialists apprehend that if this restriction were taken off, 
and they should be allowed to import Portuguese & Spanish wines 
from thence, they could send Corn, rice. Naval stores, lumber and 
hides thither and in return bring wines, salt, and gold and silver Bullion 
or procure bills for Britain for the Ballance in return for their Manu- 
factures, and by their better curing of Beef and Pork, they should have 
from the West Indies sugar, melasses, rum, cocoa, coffee and some 
Bullion in return for those and lumber to pay for the manufactures of 
Britain by taking off also the enumeration of Rice and Indigo, and 
to allow it to be exported from hence to Ireland, as also pitch, tar, tur- 
pentine, masts, yards and Bowsprits they should be able to carry on a 
Beneficial Trade by having an assortment of goods, to carry with the 
timber, deals, staves, and other lumber directly to Ireland, and have 
linens at the best hands, servants and Protestant Planters, which would 



COLONIAL RECORDS. 323 



prevent their going into manufactures in this Province, & have returns 
of Bills from Ireland to England, instead of sending money from Ire- 
land to the Northward to purchase naval stores, timber etc and as these 
would be carried to Ireland without paying a Premium, it would be an 
advantage to Britain, who always are loosers by reexporting goods enti- 
tuled to a Premium or Drawback the officers by gaining more Fees and 
perquisites lessen the goods, which pay back the Premiums upon reex- 
portation, and increase the Quantity of such as are entitled to Draw- 
backs, which lessens the Revenue of Britain. 

That rice being obliged to be carried to Britain before it can be en- 
tered in Ireland, prevents entirely the consumption of rice in Ireland by 
the enhanced price, for a small Quantity can't be carried into Ireland, 
without loss of ship and cargo, and Indigo becoming dearer in Ireland, 
by not allowing it to be imported from these Colonies into Ireland, 
which obliges them to buy French indigo at a higher price to the Dis- 
advantage of these Colonies, and benefit of the French Islands. 

Your Memorialists therefore humbly pray that you would take this 
into your consideration and if approved of that you will advise his 
Majesty to recommend their case to the consideration of the Parliament 
of Great Britain or to approve that the several Colonies by their Agents 
may petition the Parliament to redress those unprofitable limitations and 
restrictions upon the Colony trade to Great Britain and Ireland, and 
also to Spain, Portugal and tlie Streights by the Act of Navigation, 
and other Acts relative to Trade as they by experience are found to be 
equally a prejudice to the Trade of Great Britain and the Colonies, and 
to grant them such relief as to them in their great wisdom shall seem 
meet. 

And your Memorialists shall ever pray 

ROBERT MURDEY ' W" KINCHEN Jux' 

J° BELL W-" WILLIAMS 

EDW YAIL • JA' CONNER 

JA' PAINE W-" WYATT 

DEMSEY SUMNER JO" FONYILLE 

WILLIAM SHERGOLD FR. WARD 

JOHN HARYEY SAM SWANN 

STEPHEN WILLIAMS JOHN ASHE 

JA' CARTER JN" HARVEY 

SOL. REW CORN^ HARNETT 

JOHN SURRY ROB' JONES Jux' 

GRIFFITH JONES SAM. SAVANN 

ROBERT HARRIS JOSEPH HARROW 



324 COLONIAL RECORDS. 



THO' WHITMELL ARTHUR HUTCHINS 

BENJ. WYNNS JN° 

W. M. SPEIN JOHN BRAVARD 

W" HOUSTON THO^ RELFE 

JOHN HARDEE STEPHEN CADE 

SAMUEL SPRUILL Jun' RICH" CASWELL 

THOS WEEKES TIMOTHY WALTON 

EDW" GRIFFITH JO" AVASHINGTON 

JER. VAIL W" BARTRAM 

JOHN CLITHERALL ISAAC JONES 

JOHN STEVENSON SAMUEL CORNELL 

JAMES DAVIES J. BARKER 

WILL"" SITGREAVES W" MACKEY 

JOHN STARKLY FRAN. RICE 
J- CAMPBELL. 

Received with Gov" Dobbs's Letter to the Board dated the 4* of Jan"^ 
1756. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 81.] 

Gov"' Dobbs' Proposal of a Copper coinage for tlie Province of Nortli 
Carolina. 

[Rec* with Gov. Dobbs' letter dated 4 Jan'' 1755.] 

In -case the Assembly approve of the Bill for erecting a Loan Office to 
support the credit of a Paper Currency to be lent out at interest upon 
Land, Mortgages Deposits of plate or valuable commodities Then it 
will properly come under their consideration whether it would be of bene- 
fit to this Colony to apply for a small copper coinage with a proper de- 
vice on the reverse for the use of tiiis Colony to be coined at the Mint 
in the Tower of London upon our furnishing the copper & paying for 
the expense of the coinage in the same manner as His Majesty and the 
Treasury have granted it to the Kingdom of Ireland viz : — That such a 
quantity of copper may be coined from time to time as the Gov' & Council 
for the time being shall apply for in the whole not exceeding 50 Tons as 
may be found reasonable for the use of the Colony and that no less a 
quantity than 5 Tons be coined at one time tiiat the coinage should be 
made of the same goodness and value of the English Half pence in pro- 
portion as Proclamation money bears to English .sterling money That the 
coinage shall be struck into half pence, pence and two-penny pieces the 



COLONIAL RECORDS. 325 



Englisli coinage being struck at twenty throe pence out of tlie pound of 
copper the Carolina coin may be proportioned tliat 32 pence may l)e 
struck out of the pound of copper and the small addition of one penny 
in the pound lighter than the proportion betwixt the English and Caro- 
lina copper coin may go towards paying for the commission coinage and 
freight and the allowance to a person for issuing and receiving the value 
for the coin delivered in the Province That as soon as the coin is 
issued as many of the small paper bills of credit under the value of a 
shilling shall be called in by proclamation and shall be burnt which shall 
be paid for out of the money raised to sink the paper currency and so 
from time to time until all the small bills already issued be called in. 
If this scheme for a copper coinage be found agreeable then the Assem- 
bly and Council may address the Governor to write to the Treasury by 
Memorial to have His Maj. letter for that purpose without loss of time. 
The charges attending the purchase of a ton of copper cut into proper 
fillets for coinage delivered into the Mint and for the charges & fees for 
the coinage as delivered from the copper company and the Warden of 
the Mint stand thus: 

Each pound of copper cut into proper fillets for the Mint 
about 15 three quarter pence per pound which as only 
.2000 weight goes to the Ton would amount to in Eng- 
lish money ...... £131.5.0 

The charge of coinage one ton of copper as delivered from 

the Wardens of the Mint amounts to per ton . . £47.13.4 



Total charge .... ^£178.18.4 

The total value in Proclamation money in Carolina of a 
ton of copper coined of 2000 weight to the ton at 32 
pence per pound is £266.13.4 which is iu English money 200.-.- 

Profit upon the coinage in English money above 10 per 

cent. . . . . . . . 21.18.4 

But if 112 pounds of copper goes to the 100 weight of 
copper then the value of 2240 pounds weight of copper 
at 15 three quarter pence per pound is . . 147.-.- 

And charge of coinage ..... 47.13.4 



Total charge . . . ^ . i:i;)4.l;].4 

The total value of a ton of copper of 2240 pound weight 
coined into pence at 32 pence per pound amounts to in 
Proclamation money in Carolina =£298.13.4 which re- 
duced into English Sterling is ... 224.-.- 

Profit niion the Coinage in English money . . 29.6.8 



326 COLONIAL RECORDS. 



Which is above 13 per cent profit, the surplus of which after paying 
commission, freight insurance and expense, in exchanging it here for 
value to purchase more copper might go towards answering the contin- 
gences of Government. 

Five tons of copper coined would amount to in Procla- 
mation money here ..... 1331.13.4 
The whole fifty tons when coined to . . . £13,316.13.4 

Li each coinage two tons to be coined into half pence one and a half 
ton into pence and one and a half ton into Two pence 



[B. P. K. O. North Carolina. B. T. Vol. 12. C. 50.] 

My Lords, [of the Board of Trade] 

Having fully wrote to you by two Ships one of w""" .sailed from Oca- 
cock Bar and the other from Cape Fear, wherein I have sent you several 
Papers Addres.ses and Memorials relative to the proceedings of this 
A,s.send)ly, and the Advantage of tliis Province, to w"*" I beg leave to 
refer. 

I did not intend to trouble your Lordships any further until the Ses- 
sion of Assembly should be over, which is now coming to a happy con- 
clusion. But as I hear a Ship is ready to sail from Virginia immediately, 
and I have received a pressing Address from the Hovise of Assembly 
delivered by the Speaker at the Head of the House recommended to me to 
be laid before Your Lordships in order to have Your Approbation to lay 
it before his Majesty, I cou'd not neglect taking the pre.sent Opportunity 
of laying it before Your Lordships 

Upon my coming over as I acquainted Your Lordships tiiat I found 
it wou'd be prudent to suspend the Repeal of several of the Laws until 
the Conclusion of the first Session of Assembly, particularly about the 
Election of Members, the Courts of Justice, and the repealing the Acts 
for establishing several Counties and Towns as it wou'd delay the calling 
the first Assembly and put the Electors into Confusion and it wou'd take 
up a considerable time to prepare Charters, and in the unsettled State of 
the province & their present Divisions wou'd have had a very bad Effect, 
and as no Taxes had been levyed upon account of the one half of the Prov- 
ince denying the Validity of the late Laws, the other part also refused 
to pay, so that it was absolutely necessary for His Majesty's Service upon 
the present Emergency & French Invasion to lo.se no time in calling the 



COLONIAL RECORDS. -327 



Assembly and raising Supplies, and keeping the people in good hnmoiir 
to promote their union, which I thank God has produced a surprizing 
good Effect, which has exceeded my hopes ; Upon their strenuous Appli- 
cation to me therefore by this Address I have assured them that I wou'd 
delay promulgating the Repeal of the Law, and issneing of Charters 
until such time as I shou'd lay this address before your Lordships to 
advise and cousult his Majesty upon it, and as I find the Assembly so 
united in acting for his Majestys Service and desirous to preserve his 
Majestys good opinion without any Inclination to invade on his Maj- 
estys Right or to increase upon his prerogative induces me with more 
Assiduity to recommend to your Lordshps your taking this Repeal 
again into Consideration and afterwards let me know his Majesty's orders 
and Instructions upon it. 

In the first place I am informed that all the Members chosen fur the 
Conntys & Towns which must be disfranchis'd by this Repeal must lose 
their Seats and can't be restored until the Charters are granted and they 
shall again be rechosen which will in fact occasiou a Dissolution or vest 
the whole power of the Assembly in the few remaining Countys which 
might occasion a flame and again disunite the Province. I shant men- 
tion the reasons given in the address relative to the Rights of the Inhab- 
itants of the several Towns to their purchases. I apprehend that if the 
Reasons tiiey offer relative to the Charters for the Counties be fact, that 
tlie Counties can't be altered or subdivided after once the Inhabitants are 
Incorporated by the Charter without the Consent of all the Inhabitants, 
that it will be of very ill Consequence for I find by the Inconvenient 
laying out of Counties some of them being 100 miles in length, and 
some not above 18 or 20 broad others less, and from the largeness of the 
back or Western Counties, which towards the West iiave no determined 
Boundaries, there must, as the Inhabitants increase be frequent Subdivis- 
ions & Alterations as the Colony increases in Numbers, and therefore 
whatever favour his Majesty can shew consistent with his Prerogative I 
hope he will graciously grant to his faithful Subjects of this Province 
which he has allowed to the neighbouring Provinces and since his Majesty 
may condescend to wave has [his] prerogative at his pleasure I conceive 
he may comply with the Request of the Assembly for the time past, as 
they are willing and desirous to acknowledge his undoubted Right to make 
them by Charter at his pleasure, and he may give His Orders & Instruc- 
tions to me to confirm the Towns by Charter, and give them further 
Priviledges of Fairs Markets &c without repealing the Laws which con- 
firm their present possessions and purchases, and all future Countys to 
be erected subdivided or altered, may be allow'd by his Majesty's giving 



328 COLONIAL RECORDS. 



the Governor for the time being au Instruction to agree to such Laws 
relative to the Counties, as shall be for the Good of the province and 
that all future Towns whem erected shall be granted by Charter. 

I submit this to your Lordships Cousideratiou and hope you will 
approve of my delaying to promulge the Repeal of this Law until I 
have his Majestys further commands upon it, as there will be no occasion 
for any Alteration until towards next Session, which I expect will not 
be till November next, before whicli time I shall have his Majestys and 
your Instructions upon it. I shall add no more but to let Your Lord- 
ships know that the Assembly have acted with great Temper prudence 
& Unanimity, and have testified a great Zeal for his Majesty's Service 
and Good of the Colony and therefore merit his Majestys Favour. 

When the Assembly breaks up which I apprehend may be this Even- 
ing or on Monday at furthest, I shall lose no titne in sending Your 
Lordships Copies of the most material Bills which require Your imme- 
diate Considerations and the others as soon as they can possibly be copied; 
but as it is expected the Ship can't wait or may be sail'd by the time this 
gets to Virginia, I must send it off this Day. I am with great Respect, 
My Lords, &c., 

ARTHUR DOBBS. 

New Bern Jan^ 11* 1755. 



[From MSS. Records in Office op Secretary of State.] 

Know all men by these presents that we Thomas Barker John Camp- 
bell and Wyriot Ormond Esquires are held and firmly bound to our 
Severeign Lord George the Second King of Great Britain and so forth 
in the sum of five hundred pounds Proclamation Mouey to be paid to 
our said sovereign Lord the King his Heirs and Successors for the use of 
the Province of North Carolina To the true Payment whereof we bind 
us and each of us our heirs Executors and Administrators jointly and 
severally firmly by these presents Sealed and dated the fifteenth day of 
Jan'' in the twenty eighth year of the Reign of our said Sovereign Lord 
the King and in the Year of our Lord One thousand seven hundred 
and fifty five. 

Whereas the above bounden Thomas Barker by a Commission from 
His Excellency Arthur Dobbs Esq'' bearing even Date with these presents 
is appointed Receiver of the Dutj' upon the Tonage of Ships and otiier 
Vessels coming into Port Roanoke within this province Now in Case 
the said Thomas Barker shall duly aud faithfully Discharge his Duty as 
Receiver of the said Port and shall when required from time to time 
deliver to the Governor Council and Assemblv of this Province a true 



COLOxNlAL RECORDS. 329 



List of all Ships and Vessels which shall enter into the said port with 
their Burthen of Tons with a true aecoiint of the Dutys he shall receive 
in Virtue of an Act of Assembly Intituled an Act for granting to his 
Majesty a Duty upon the Tonage of Ships and other Vessels coming 
into this Province then the above Obligation to be void otherwise to be 
in full power T BARKER - (Seal) 

JN° CAMPBELL (Seal) 
WY: ORMOND (Seal) 
Sealed and delivered in the presence of 
Henry Hill 
John Nicolle ' • 



[From MSS. Records in Office of Sf.cretaey of State.] 

Know all men by these presents tiiat wc Wyriot Ormond John Camp- 
bell and Thomas Barker Esquires are held and firmly bound to our 
Sovereign Lord George the Second King of Great Britain and so forth 
in five hundred pounds Proclamation Money to be paid to our said Sov- 
ereign Lord the King his Heirs and Successors for the Use of the Prov- 
ince of North Carolina To the true Payment whereof we bind us and 
each of us our heirs Executors and Administrat" jointly and severally 
firmly by these presents Sealed and dated the fifteenth day of January in 
the twentv eighth year of the Reign of our said Sovereign Lord the King 
and in the year of our Lord One thousand seven hundred and fifty five. 

Whereas the above bounden Wyriot Ormond by a Commission from 
his Excellency Arthur Dobbs Esq' bearing even Date with these presents 
is appointed Receiver of the Duty upon the Tonage of Ships and other 
Vessels coming into Port Bath within this Province Now in Case the 
said Wyriot Ormond shall duely and faithfully discharge his Duty as 
Receiver of the said Port and shall when required from time to time 
deliver to the Governor Council and Assembly of this Province a true List 
of all Ships and Vessels which shall enter into the said Port with their 
Burthen of Tons with a true Account of the Dutys he shall receive in 
Virtue of an Act of Assembly intituled An Act for granting to his 
Majesty a Duty upon the Tonage of Ships and other Vessels coming 
into this Province then the above Obligation to be void otherwise to be 
in full power .WY: ORMOND (Seal) 

JN" CAMPBELL (Seal) 
T BARKER (Seal) 

Sealed and delivered in the presence of 
Henry Hill 
John Nicolle 



330 COLONIAL RECORDS. 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

Circular to the Governors in North America 

Whitehall Jan''' 23" 1755. 
Sir, 

The King, being determin'd that Nothing shall be wanting, towards 
the Support of his Colonies & Subjects in N° America, has commanded 
me to signify to you His Majesty's Intention to augment the Regiments 
in British Pay (viz' not only Sir Peter Halkets, & CoP Dunbar's, but 
likewise Those, which are now employed in Nova Scotia,) to the Num- 
ber of 1.000 Men, each; To which End, you will correspond with Ma- 
jor General Braddoek, or the Commander of the King's Forces of tiie 
time being, from whom you will receive Directions for the sending such 
Contributions of Men, as shall be wanting, and to such Places where 
the same shall be quarter'd or employed, under his command. 

As there is, probably a considerable Number of Persons, as well 
amongst the Natives of America, as among such Foreigners, who may 
be arrived their from different Parts, particularly from Germany, who 
will be capable and willing to bear Arms upon this Occasion ; The King 
does not doubt, but that you will be able, by Care and Diligence, to 
effect this intended Augmentation and to defray the Charge of levying 
the Same from the Common Fund, To be established for the Benefit of 
all the Colonies collectively in N° America, pursuant to His Majesty's 
Directions, signified to you, by my Letter of the 26"" of October last, 
for that Purpose; and as an Encouragement to all such Persons who 
shall engage in this Service, it is the King's Intention (which you will 
assure Them in His Majesty's Name) That They shall receive Arms 
and Cloathing, at the King's Expence, and That They shall not only be 
sent back, (if desir'd) to their respective Habitations when the Service in 
America shall be compleated & ended, but shall be entitled, in every 
respect to the same Advantages with those Troops which may be already 
raised in consequence of your former Orders. 

lamA" T: ROBINSON. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 52.] 

My Lords, [of the Board of Trade] 

Having wrote fully to your Lordships a little before the breaking up 
of the Session of Assembly what occurr'd to that time I refer you to it, 



COLONIAL RECORDS. ^.-^l 



as I expect to get this sent by the Gibraltar Cap' Sprey via Virginia 
who returns to England, I herewith send to you all the Journak I can 
get ready with the most material Acts poHs'd in the Assembly, and the 
others shall go by the next opportunity, a list of what I send I shall 
enumerate below; I sent your Lordships by my last a list of Taxables 
so far as I could get it fixed by the returns made to me which was not 
comj)leat nor cannot be perfected untill I get a new return from the neg- 
ligence of the County Clerkes. I now send you an abstract of the Ship- 
ping enter'd in this Province at a Medium of last 7 years so far as it has 
been returned to me, but it not being compleat by reason of Mr. Rens- 
sets absence the Collecter of Roanok his Deputy being dead I would not 
send their returns until I got the whole; I have also sent your liord- 
ships a Duplicate of my reasons for desiring an alteration to the Boundary 
Line formerly agreed to by the Commissioners which had not been exe- 
cuted, and have again wrote to Mr. Glenn to lay before Your Lordships 
what Boundary Line he thinks proper for South Carolina with his 
reasons to support that his Majesty may determine it without loss of 
time as there are perpetual Quarrels among the Settlers near the Line 
when one takes out a Patent from this Government another goes to 
South Carolina and takes a Patent for the same there which is never 
refused and endeavoin-s by force to get possession altho it be Northward 
of 35° which was intended for the Boundary by the late Commissioners 
and this Evil is daily increasing and sometimes ends in Death and the 
Survivour cannot be brought to Justice as he gets into the other Gov- 
ernment ; so tliat I hope your Lordships will advise his Majesty to fix 
a proper Boundary Line without loss of Time in what manner he thinks 
most equitable for his service and good of the Colonies. I have also 
sent your Lordships Duplicate of my Letter in a^isicer' to my I'ISth Li- 
structimi and a Memorial sent from hence upon it which I apprehend 
would greatly improve the Trade of Britain Ireland and these Colonies, 
which I hope your Lordships will take into your consideration and 
know the Sentiments of the Merchants and Members of Parliament 
upon it and if thought proper to have Petitions given in to the Com- 
mons to repeal so much of the Acts of navigation or other restraining 
Acts with proper restrictions so as to inlarge the Trade of the Colonies 
, so far as it shall appear to be beneficial to the Trade of Britain. It is 
not possible for me to get a return of the number of Births and Burials 
as there are no Parish Clerks or any Registry of them until I can get a 
Law pass'd for that purpose I need not make any observation upon the 
Quit Rent Law except the article of the Tobacco and Indigo which are 
to be inspected as we are preparing a general inspecting Law against 



332 COLONIAL RECORDS. 



next Session, and a Law is now passed for inspecting Tobacco, but as 
these are fixed at a very low price one at 3 farthings English "^ pound 
and the other at 2^ 3* ^ pound I cannot imagine they will be ever ofFer'd 
in payment I advised to have a clause that in case the market price ever 
fell below that medium that a new one should be struck at a Medium of 
Seven years and fixed again for a Term of years, but they did not come 
into it however as I shall be able to fix a good Rent roll by it and have 
Lands resurvey'd the quantities already granted having been greatly 
abused very often double the quantity as are mentioned in the Patent 
and in some instances three or four times as much, the Surveyors having 
often made out Plots in their Chambers, and only marked one Tree in 
the Survey and run lines on their chart of suitable bearings and then 
the possessors have mark'd Trees, and extended their Lines without 
regard to their length which showes the necessity of resurveying even at 
his Majestys expence where others are intimidated to apply for new Sur- 
veys I in my last gave my reasons for agreeing to the Vestry and 
Church Bill (altho I could not secure the presentations to the Crown) 
without a Suspending Clause as I thought it for his Majestys Interest 
and the Colonies to get so good an Establishment immediately fixed con- 
sidering the number of Sectaries who are against ail Establishments 
and the danger of their increasing if we dont fix a Parochial Clergy and 
we may perhaps get it amended, as we have secured the Vestry Men to 
be for the Common Prayer and Liturgy and the Clergymen to be pre- 
sented to be regularly ordain'd and certify'd by the Bishop of London 
and as it has not a Suspending Clause his Majesty may at any time 
hereafter repeal the Law by which the Bill takes place immediately 
which is of consequence here to have an immediate establishment so that 
I hope you wont blame me for so far transgressing my instruction, as 
the Bishop of London also told me he was for laying hold of any Es- 
tablishment and was therefore for postponing the repeal of the last Law 
untill we could get it amended. In the fixing the Courts of Justice and 
circuit Courts I preserved his Majestys Right in obliging the Assembly 
to apply to me for his Majestys nomination and approbation of the 
Places which they recoinended so as to confirm his Majesty in his Right 
and refused passing a Bill upon that account for which I gave them my 
reasons upon refusal a Copy of which I herewith send your Lordships; 
So that the Assembly and I have thank God parted in perfect Harmony 
which I hope will continue and that Peace and unanimity will prevail 
in the whole Province They have paid me my expences in bringing 
away the French for improving Silk, and to fix them on a Plantation 



COLONIAL RECORDS. 333 



The 8000£ granted and 1000 in hands of the formei- grant not ex- 
pended is put in my disposition to raise a Company of 100 men for Vir- 
ginia and another of 50 for the defence of tiiis frontier untill November 
175(3 — I propose going up to the Mountains in Summer and fixing upon 
a proper Place to build a Fort in for the security of our Frontier and 
Indian Allies and employ them in erecting it and in the meantime after 
our General Courts and Sittings of Chancery is over in the beginning of 
April propose going in a Vessel along all our Islands and Inlets as far 
as Topsail Inlet at Core Sound and view the harbour at Cape Lookout 
and fix upon the proper places to erect Two Forts for which the money 
hath been granted some time and therefore hope your Lordships will ap- 
prove of my application for an Independant Company to be fixed upon 
this establishment as soon as this expedition is over. So that the Com- 
pany raised to assist Virginia upon their return may Garrison the Forts 
without any charge of transporting them from Europe — There was no 
other way so proper to raise the supply and to answer contingencies as 
borrowing part from the Sum raised for the Forts and Emitting 'the 
remainder in the Bills whicii I was instructed not to Emit without an 
immergency ; as they granted 9'' ^ pole to sink the £8000 in Seven years 
and 18'' '^ pole to pay £2500 in three years which will refund the sum of 
£2000 borrowed from the Fort money and will raise the credit of our 
paper currency which is now Current by our union thro' the whole Prov- 
ince and we hope will pass in Virginia as the Ballance of Trade is in our 
favour from thence so that they will return it to us in our own Bills and 
as they seera'd determined to prepare a Bill next session upon my Plan 
for a Loan Office upon Land security I hope we shall with its assistance 
sink in a little time all our outstanding Bills which now are about £15000 
besides what has been struck by the Act passed last March for £40000, 
of which there remains £11500 as yet not Emitted but appropriated for 
building Churches and j)urcluising Glebes attending his Majestys pleas- 
ure and the Assembly seem'd inclinable to add to the Pole Tax or Duties 
already appropriated to sink the Paper Bffls next Sessions; It will be 
also found much for his Majestys Service to have a Revenue Officer fixed 
at Ocacock Inlet to examine all Ships and take a Manifest of their Car- 
goes upon Oath that come over that Bar, for the Sound within is so 
large with many numerous Navigable Creeks on each side in Albemarle 
Sound Pamticoe and Neuse Rivers that they may discharge great part of 
their Cargoes Spirits Wine &c and all prohibited Goods before they come 
to the discharging Ports and by landing them they Swear only to the 
remainder of their Cargoe This Officer may be paid out of the duties 
raised here hv the several collectors for the Port Duties now transmitted 



334 COLONIAL RECORDS. 



to the Coraissioners in England with [which] will be doubly repaid by the 
increase of the Port duties which are now in great measure lost; I have 
mentioned it to the Lords of the Treasury and Commissioners of the 
Customs as it will be proper to have a Person of worth and Integrity 
fixed immediately there at a proper Salary — Having wrote fully to the 
Lords Commissioners of the Treasury the difficulties I ly under in an- 
swering the 30* 76* and T?"" articles of my instructions in relation to 
the Books of accounts I was order'd to transmit to them by the Auditor 
and which I am ordered to transmit also to your Lordships and also the 
accounts of the Receiver General upon his Receipts destinguisliing which 
are audited and which not and the extracts of all Receipts and accounts 
from the year 1716 requiring Jiim to exhibite to me all Books and 
vouchers Kept by former Receivors and to make strict enquiry into the 
methods used in collecting and accounting for the Quit Rents, and 
acquaint the Lords Comissioners of the Treasury and your Lordships 
my proceedings thereupon, I must beg leave to refer your Lordships to 
that- Letter having proposed what I thought would be of Service in case 
their Lordships liked the method, and your Lordships approved of it or 
any other instruction you should think necessary for his Majestys Ser- 
vice that his Majesty shall order I should do my utmost to put in execu- 
tion ; In which I have also made great complaints against the Surveyor 
General of these Colonies who has never been here since the time of his 
first appointment so that I cannot obey my instructions relative to him. 
These are the most material things I have to mention at present your 
Lordships may depend upon my utmost endeavours to keep up the spirit 
against the French, to expedite the march of the Company and to pro- 
mote his Majestys Interest and improvement of the Colony to the utmost 
of my power, in which neither care nor application shall be wanting. 
I am with the utmost Regard &c 

ARTHUR DOBBS. 
Newbern y° 8 February 1755 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 64.] 

To His Excellency Arthur Dobbs, Esq" Captain General Governour and 
Commander in Chief in and Over His Majesty's Province of North 
Carolina &c. 

May it please Your Excellency, 

It is with the greatest chearfulness that we the Grand Inquest for the 

Counties of New Hanover Onslow Bladen An.son Duplin Rowan and 



COLONIAL RECORDS. 335 



Cumberland Congratulate Your Excellency on your safe arrival in this 
His Majestys Province of N° Carolina. 

As our Royal Sovereign has made choice of you S' our Governour 
and Commander in Chief we Esteem it an Instance of his Paternal care 
that he has appointed one so well Versed in the Brittish Constitution 
and who has so much at heart the enlarging the Commerce of it, by every 
Improvement of the Collonies to the advantage of our Mother Country. 
We shall gladly contribnte all in our Power to make your Govern- 
ment amongst us Safe, easy and Prosperous, by enforcing the Laws so as 
to Protect the Inocent and Present the Guilty 

It is with great concern Sir that we are under a Necessity, in this our 
first Opportunity of waiting upon your Excellency to Represent the case 
of Murder committed by Persons unknown on Seventeen of His Majestys 
Subjects within our Inquest, where all our Inquiry is baffled, and about 
Ten persons more missing supposed to be carried oft' by our Public Ene- 
mies or Indians under their Influence The Late unjust Incroachnients 
made by our aspiring neighbours and-Inforced by method of a piece 
with those barbarous Cruelties give us the strongest reason to suspect' 
they have promoted this Inhuman carnage — We doubt not Your Excel- 
lency will take all the proper measures to prevent such Massacre for the 
future. 

In order to which we hope your Excellency will be Enabled by the 
ensuing General Assembly to take Effectual measures for the Defence of 
this Province against every attack of our restless Enemy who daily 
Iniploy every Engine however barbarous or Inhuman to obtain an uni- 
versal Monarchy in spite of the most Solemn treaties and Engagements 
That your Excellency may live to have a hand in defeating their 
Ambitious Views and to see this a flourishing and well Improved part 
of His Majestys Dominions (which we are convinced you have very 
much at heart) is the Aiost sincere desire & prayer of 
Your Excellencys Most Dutiful 

and Obedient Hum' Servants 
WILLIAM PARIS Foreman GEO MOORE 
J°° D'BOIS FRED GREGG 

CORN' HARNETT JOHN DAVIS 

THO= JENKINS JOHN STARKEY 

R« FARR " JOSEPH MUMFORD 

THOS FINNEY JOHN GRANGE 

GEORGE BROWN ISAAC JONES 

CHA= ROBINSON Jun' EDW" BROWN 

RICHARD JAMES ROB' KNOWLS 

JOHN BROWN DANIEL M°DUFFEY. 



336 COLONIAL RECORDS. 



[From MSS. Records in Office of Secretary of State.] 



Sir, [Thomas Lovick Esq.] 

As there are many Irregularities tiirougliout the Province with Regard 
to the obtaining and granting Licenses, I must request your Assistance 
towards putting a stop thereto, and to that End do hereby appoint you 
to sign all Marriage Licenses within your County. I must earnestly 
recommend it to you to direct the several Constables frequently to inspect 
the Licenses of ordinary keepers and Traders, and if any are found 
retailing Liquors or trading without Licenses, or after the Term of their 
License is lapsed, to report the same to you, in order to force them di- 
rectly to comply with the Acts of Assembly, or if they neglect to put 
the said Acts in force against them. I am informed that it is too fre- 
quent a practice with several Ordinary keepers to content themselves with 
petitioning for Licenses, without paying any fees, whereby the Laws are 
brought to contempt^ I must therefore recommend it to you and the other 
Justices of your County That it be made a Rule of Court that no peti- 
tion for Licenses be heard, 'till all fees are first deposited with the Clerk, 
to be retain'd if the License is granted, or refunded when denied. The 
same I must recommend with Regard to Letters Testamentary and of Ad- 
ministration, and I must beg leave to commission you to inspect the Clerk's 
Minutes, and keep an Account of what Licenses and Letters he shall 
issue, that you may know what fees he shall receive for me, and to sign 
his Account of such fees, and to acquaint the Clerk that I shall admit of 
no account of fees receiv'd by him for me, but such as shall be counter- 
sign'd by you. I must again desire you to do your utmost that the 
Act for licensing Traders be duely complied with, and the Duty paid, or 
if any Difficulty or Neglect happen therein, to acquaint me with it, as it 
is my Resolution that all the Laws of this province be punctually ob- 
served. I must also desire you to acquaint the County Clerk that he 
must account with me twice a year for my fees, and transmit the same 
with the Acco' countersign'd by you immediately after the first of May 
and first of November yearly. 

I am Sir Your most h"" Serv' 

Newbern 24* March 1755 " ARTHUR DOB BS 



COLONIAL RECORDS. 337 



[From MSS. Records in Office of Secretary of State.] 

North Carolina 

Know all men by these Presents that we John Starkey Samuel Swanu 
and Thomas Lovick Esq" are held and firmly bound unto Our Sover- 
eign Lord the King that now is his heirs and Successors in the Sum of 
Two Thousand pounds To the which Payment well and Truly to be 
made we bind our Selves, and each of our heirs Executors & Ad- 
ministrators firmly by these presents Sealed with our Seals and Dated 
this Twenty fifth Day of Marcli in the j'ear of Our Lord 1755 

Whereas the above bounden John Starkey is in and by a certain Act 
of Assembly Pass'd in the year of our Lord one thousand seven hun- 
dred and fifty four Intituled An Act for granting an Aid to his Majesty 
for the Defence of the Frontier of this Province and other purposes, 
Appointed Publick Treasurer of the Counties of Beaufort Hyde, Cra- 
ven Onslow Carteret New Hanover Bladen Anson, Duplin, Cumberland, 
Rowan, & Johnston 

Now the Condition of the above Obligation is Such that if the above 
bounden ,John Starkey do and Siiall well and faitlifully Account and 
pay to the Assembly wiien required the Moneys he shall Receive from 
time to time by Virtue of the above Mentioned Act as tlierein Directed 
and all Such other Sums as he Shall at any time hereafter receive on 
account of Taxes laid for sinking the Now Current Bills of Creditt then 
this Obligation to be Void or else for any Default to be and remain in 
full force and Virtue JOHN STARKEY (Seal) 



SAM SWANN (Seal) 
THO= LOVICK (Seal) 



Sealed and delivered in presence of 
Je' Vail 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 

Circular to the Governors in North America. 

Whitehall IG"" April 1755. 
Sir, 

The King having thougiit it necessary for His Service to order a 
Squadron of Ships of War to sail forthwitli to America, under the com- 
mand of Vice Admiral Boscawen ; I am directed to signify to You His 
Vol. 5—15 



338 COLONIAL RECORDS. 



Majesty's Pleasure, that, in case auy Naval Assistance shall be wanted 
for the Protection of your Government, that You should apply for the 
same to the said Vice Admiral, or to Commodore Keppell, who is already 
stationed in America, or any other Commander in Chief, for the Time 
being, of His Majesty's Ships in those Seas, who will send You such 
assistance as he may be able to do consistently with the General Service ; 
And You will regularly communicate to them all such Intelligence, as 
shall come to your knowledge, concerning the Arrival of any Ships of 
War, or A^essels having Warlike Stores on Board ; And likewise all such 
Advices, as may concern their Motions & Destination, or may in any 
manner relate to that part of His Majesty's Service, with which tiie 
Commanders of the King's Ships should be acquainted, who are properly 
instructed by the King's Order, to observe an exact Correspondence with 
You, during their Continuance in America And for the better Execution 
of the Orders sent You in this Letter, You will be diligent in employing 
proper Persons, & Vessels, not only to procure You the earliest Intelli- 
gence, but likewise to be dispatch'd from Time to Time, to the said Com- 
manders of His Majesty's Ships, with sucli Accounts as you shall have 
Occasion to communicate to Tliem. 

I am &" 

T. ROBINSON. 



[From MSS. Records in Office op Secretary of State] 

Know all men by tiiese presents that We Miles Harvey and John 
Campbell County in the Province of North Carolina are held and 

firmly bound unto Henry M'Collock Esq' Secretary and Clerk of the 
Crown in the full and just Sum of Four hundred Pounds procklemation 
money to be paid unto the Saide Henry M'Cullock his Heirs Exr' Ad- 
ministrators and Assigns To the which Payment well and truly to be 
made We bind our Selves our Heirs Exe" and Administrators Jointly 
and Severally firmly by these Preasents Seal'd with Our Scales Dated 
this Twelfth day of April Anno Domni : 1755. 

The Condition of this Obligation is Such that whereas the above 
Bounden Miles Harvey haveiug Received from me a Commission for 
Clerk of the Court of Perquimans County in the Saide Province and 
Clerk of the Peace within the Same Now if the above Bound Miles Har- 
vey Shall well and truly preform the Duty of his Saide Ofice and pay 
the governor his Secretary and the Said Secretary of the Province their 



COLONIAL KECOllDS. 339 



Respective fees as they Become Due every Six Months then this Obli- 
gation to be Void Otherwise to reiuaine in full force and Virtue. 

MILES HARVEY (Seal) 
JN" CAMPBELL (Seal) 
Sign'd Seal'd and Deliver'd in the presence of 
Jaspei! Charlton 

Then Rec" of Henry M^Cullociv Sec'^ three Blank letters of Adniin" 
and testamentry and three Blank Bonds which I am to be Accoutable 
for xMILES HARVEY 

April the 24'" 1755 



[B. P. R. O. North Carolina. B. T. Vol. 12. V. 67 ] 

Stafford Row Westm'' 26"" April 1755 
Sir [John Pownall Esq" See'^ &c] 

My Lord Granville has received your Letter of the 9"" instant written 
to him by order of the Lords Comiui.ssioners for Trade and Plantations 
incloseing therein an Extract of a Letter to their Lordships of the O"" 
November 1754 from Mr. Dobbs, Governor of His Maje.stys Province 
of North Carolina, in which he represents the Expediency of surveying 
the several Counties in that Province as a Means of discovering the true 
Qualities of Land granted in each County & thereby improving His 
Majestys Revenue; & submits whether It woud not be proper that Ap- 
plication shou'd be made to My Lord Granville to send Orders to His 
Agents to join in the Expence of surveying such Counties as are divided 
between the Crown & His Lordship, in Proportion to the Number of 
Acres belouging to His Lordship in such Counties And you acquaint 
My Lord, that you are directed by the Lords Commissioners to desire 
His Lordship wou'd favour the Board with his opinion thereon, To the 
End their Lordships may send proper Directions to Mr. Dobbs upon the 
Point. In Answer to which I am directed by My Lord Granville to 
desire you will acquaint the Lords, that His Lordship having at present 
no Manner of Occasion for resurveying those Lands Which are situate 
within his own District And as such Resuryeys as are proposed to be 
made within the same can no ways tend to improve the Revenue of the 
Crown which is the object of Mr. Dobbs' Propo.sal to His Lordship docs 
not see there can be any Necessity for transmitting to His Agents such 
Orders as are mentioned by the Governor. 

I am Sir, &c., THO CHILD. 



340 COLONIAL RECORDS. 



[From MSS. Records in Office of Secretary of State.] 

Know all men hy these presents, That, We George Read & Thomas 
Lovick of Carteret County Esq" are held and firmly bound unto the 
honourable Henry M'Collock, Esq' in the sum of five Hundred pro" 
money To be paid unto the s^ Henry M°Collock his Heirs Exec'" Ad- 
min"" or Assigns, To the which ])aymeiit well & truely to be made, We 
do bind ourselves our Heirs Exec'" Admin'" & Assigns, and every of 
us Joyntly & Severally, & firmly by these presents. Sealed with our 
Seals, & Dated this 28'" day of Aprill Ann" Dom 1755. 

The Condition of the Above Obligation is Such, That, Whereas, the 
above Named Henry M°Collock, hath Granted unto the above bounden, 
George Read, a Commission Therein & Thereby Appointing the s* 
George, Clerk off Carteret County Court, & Clerk off the peace. 

Now if the said George, Shall well and Truely, perform the Duty of 
a Clerk, According to the Acts of the Gen' Assemlily, of this province, 
of North Carolina, & also Render and pay unto the said Henry M°Col- 
lock his Heirs or Order the sum of Three pounds. Six Shillings and 
eight pence, pro" money, at or upon the 25"' day of March, yearly and 
every year after the Date hereof, During the time the s* Read shall Con- 
tinue in the said office by virtue of the Aforesaid Commission Then this 
Obligation to be Void and off none effect, Otherways To stand & Re- 
main in full force and Virtue. GEO. READ (Seal) 

THO^ LOVICK (Seal) 

Sealed and Delivered in presence off 
Jacob Shepard 
Jn° Lovick 



[B. P. K. O. North Carolina. B. T. Vol. 12. C. 66.] 

At the Council Chamber Whitehall the T'" day of May 1755. 
By the Rigiit Honourable the Lords of the Committee of Council for 

Plantation Affairs. 

Whereas His Maje.sty was pleased to referr unto this Committee a 
Repre.sentation from the Lords Commissioners for Trade and Plantations, 
setting forth, tiiat they have lately received a Letter from Arthur Dobbs 
Esq" Governor of His Majestys Province of North Carolina inclosing 
the Copy of an Address presented to him by the A.ssembly of that 
Province relateino; to the great Inconveniences which the Inhabitants 



COLONIAL RECORDS. 341 



would sustain l)y tlio Repeal of several Acts, whereby certain Towns 
and Countys have heretofore been erected and established within the 
said Province, and by confirming the respective Rights of such Towns 
and Countys by Charter. And it appearing by the said Representation 
that the several Acts referred to in the said Address are re|)ealed by His 
Majesty's Order in Council dated the 8* of April 1754, and that by the 
Sixteenth Article of His Majestys Instructions to Gcv'' Dobbs, He is 
directed to Grant charters of Incorporation to the several Towns and 
Countys Erected by the said Laws. The said Lords Commissioners 
have therefore proposed, that an Instruction may be given to the Gov- 
ernor of North Carolina autiiorizing him to give his Assent to any Act 
or Acts for reestablishing the several Towns and Countys heretofore 
erected by the Laws which have been so' repealed by His Majestys Or- 
der in Council of the S"" of April 1754 provided such new Acts do not 
give power to such Towns or Countys to send Representatives to the 
Assembly nor ascertain the number of Representatives to be sent and 
provided also, that any other Laws which may have been passed in the 
said Order in Council which might not at that time be laid before His 
Majesty, by which any Countys or Townships may have been erected 
and Impouered to send Representatives to the Assembly be Repealed 
and other laws passed for the said juirposes, not liable to that Objection 
The Lords of the Committee this day took the said Representation into 
Consideration and are hereby pleased to Order that the said Lords Com- 
missioners for. Trade and Plantation do prepare and lay before this 
Committee the Draught of an Additional Instruction, agreable to what 
is above proposed to be sent by tlie Lords Justices to the Governor His 
Majestys Province of North Carolina. 

W SHARPS. 



[B. P. R. O. North Carolina. B. T. Voi,. 12. C. 69.] 

My Lords [of the Board of Trade] 

I am come so far in my progress viewing the Country to fix the Seat 
of Government and the sea coast to fix upon proper places to erect Forts 
or Batteries to protect our Harbours and Siiips and finding a Ship ready 
to sail for Liverpool wou'd not delay writing to your Lordships what I 
had viewed and fixed upon as I cant tell when I may have another 
opportunity. 

I set out from Newbern the O"" of April to view the River Neuse and 
proceeded up it near 100 miles to the Falls to see what proper situations 



342 COLONIAL RECORDS. 



were upon that River for the seat of Governraeut as being the most Central 
and Convenient for the whole Province most places upon the River are 
low and swampy but there are several Dry Grounds and a few 
high Bluffs upon the River from 16 or 18 to 40 feet higher than 
the River But the most convenient place is a Stringers Ferry on 
the North side of the River, Where is a fine rising ground from the 
Ferry dry, Healthy, and good Springs; and extends a considerable 
way pritty level back from the River, where the lands are very good 
altho they are Piney at some distance from the river this is the 
only place so high and extensive on the River below the Falls and 
overlooks the River at about 3 or 400 yards from it upon a gentle rising 
ground near 40 feet higher than the river it is about 50 miles by water 
above Newbern and is Navigable for Canoes and small Periaguas in the 
Dryest summer and for large flats the stream very Gentle and witii little 
expence upon one or two Fords may afford above 3 or 4 feet navigation 
in the dryest summer it is about 42 miles'by laud from New Bern to it; 
and it is navigable downward from the Falls on the River for above 60 
or 80 miles Except in the height of summer which will be a great cou- 
venieucy for the back settlers to bring down heavy goods and the River 
iu great freshes does not overflow the Couutry as the Rivers Roanock 
and Northward of Cape Fear, do, rising in some places above 40 feet: 
the Gentlemen both to the Northward and Sonthward also approve of 
fixino- it up the Neuse as it will be much more convenient for them and 
a better and Shorter Road than to go to New Bern; -as they to the 
Northward will avoid 2 or 3 large Ferries, 2 of which are of 6 and 4 miles 
at Edenton and Bath, and that at New Bern near 2 miles, when they 
will have only a Ferry over Chowan, and Roanoak, which are narrow 
in respect to the others and may be passed at any time and a ferry at 
Tar River and Canterbury [Contentnea] Creek which are only 100 to 
200 yards over, and the Southern Gentlemen from Cape Fear will have 
a better and shorter road and avoid New River ferry having only the ferry 
near Wilmington to cross which they must do, to either place which is not 
above 4 or 500 yards over: so that they as well as the northern settlers 
will be all pleased in case his Majesty approves of fixing it there and then 
I Believe the Assembly will Proceed Briskly in erecting publick Build- 
ings and offices which have been so long unsettled that almost all the old 
Records are lost and I hope that you will give an instruction tliat all 
publick officers who ought to keep their Offices in the Capital shoud also 
reside in or near it and the members of the Council should all have, 
houses there and half of them in Rotation shou'd reside half yearly at 
the Capital and not always be obliged upon emergencies to send expresses 



COLONIAL RECORDS. 343 



above 100 miles each way to Summon a Council this I expect they will 
object to unless they have an allowance for their attendance as has been 
given in Virginia, I believe £50 '^ an to each wou'd satisfy them for half 
a years attendance which if we can Increase the Quit Rents as I expect 
we shall may be granted by his Majesty and all the Debts be soon paid 
and then there will be a consideral)le Quit Rent remaining at his Maj- 
estys disposal if the Quit Rent Law be approved of — I hope therefore 
that your Lordships will lose no time in advising his Majesty to fix the 
seat of Governm' that we may immediately prepare materials and 
apply to the Assembly for a fund to proceed upon the Buildings the con- 
veniences for holding the Assembly being extreamly bad and inconven- 
ient and it will require some time to have houses built at the Capital to 
lodge and accommodate the Members and other Officers. 

I arrived here last night from Edenton by water in a Sloop we passed 
thro' Albemarle Sound Roanoak or Croatan and Pamplico Sounds and 
so over the swash to Ocacock Island and from thence to this road near 
Core Banks where I summoned the Commissioners to meet me to fix 
upon a place to erect a fort or Battery and Barrack to protect the Ships in 
the Harbour out of which they were taken by Privateers last war; the 
Storms they tell me for some years past has made vast havock among these 
sandy Islands the opening of Ococock Inlet betwixt this and that Inlet 
is enlarged from 2 miles to -4 miles wide Beacon Island which lay betwixt 
them within the Entrance is one half washed away and become only a 
dry Sand at low water and a Considerable part of this Island near the 
Bar expected to be carryed away in a few years two or three great storms 
will make a Passage thro' it the Islands being mostly sand hills and low 
marshes are often overflowed so that the Commiss" think it will be bet- 
ter to erect a fascine Battery secured by Piles with 2 faces one to Secure 
the passage in coming down a Narrow Channel to this Harbour and the 
other to play Cross the Channel where it is not above 300 yards wide and 
to build a Barrack behind the Battery to secure it, which will require at 
least 40 men which with the Assistance of the men on board the ships in 
the Harbour will prevent any Privateer from attempting the Ships and 
a Town is laid out called Portsmouth where the merchants propose to 
erect ware houses to lodge their goods in and load all their goods in the 
large ships here by lighters from the several Towns of Edenton, Bath 
Town and New Bern and the Several other creeks on their several 
Sounds I shall endeavour to get a chart of this Inlet and Sands to send 
to your Lordships. The Company sailed from hence to Virginia about 
3 weeks ago we hope they are now near their Rendezvous I proceed 
from this to view the Harbour at Cape Lookout and topsail Inlet to fix 



344 COLONIAL RECORDS. 



upon a place to erect a Fort there I have had no letter yet from your 
Lordships in answer to any of my letters from this Province which I 
impatiently expect and refer you to all my former letters having Time to 
say no more at present from hence. 

I am, &c., 

ARTHUR DOBBS. 
Portsmouth Core banks, near Ocacock Inlet Mav the 10* 1755. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. S3.] 

Letter from Arthur Dobbs Esq" Gov' of N. Carolina to the Board, 

dated at Newbern y" lO"" of May 1755, relating to the Expediency of 

building a Fort on Cape Lookout. 
My Lords 

I wrote to your Lordships ten days ago from Portsmouth Harbour, 
Core Banks near Ocacock Inlet, in which I acquainted you that I had 
viewed and fi.xed upon a situation for the seat of Government near 
Stringers Ferry on the North side of Neuse, healthy high and well 
watered, about 50 miles by water and 40 by land above Newbern, to 
which small craft Periaguas and Canoes or flats may come in the dryest 
summer which may easily be made fit for larger Vessels, which is agre- 
able to the whole Province, north, south and west, provided His Majesty 
approves of it and had also fixed with the Commissioners a proper place 
for a Battery to Command and secure the Ships in the Harbour, and 
have given directions to begin the work, to which letter I refer your 
Lordships. 

On Wednesday I left that place, and passed the Southern Channel 
from that Harbour to Neuse river, and took the Soundings, and believe 
for a moderate Expence that passage might be made 2 or 3 feet deeper 
than the swash, which all Vessells going up the three rivers must pass, 
which has only 8 or 8i feet water, when this Channel has 12 feet every- 
where but in 3 narrow reefs, 2 of which are 9 feet deep and only forty 
yards over, and the other gradually shoals to 5^ feet deep, and in 300 
yards again deepens to 12 feet, which by piling that length about 150 
feet wide for 300 yards and gradually widening it at each end, to increase 
the current of the tide betwixt the double row of piles, and breaking up 
the shelly surface of the hard sand with large Iron Harrows, and .scoop- 
ing up part of it into Lighters, and carrying it away to a distant shoal. 



COLONIAL RECORDS. 345 



the current of the tide would increase thro' it and force the loosened sand 
away to the depth of the Channel which would improve the Navigation 
greatly by the addition of 3 feet water, by which means ships drawing 
near 12 feet water, could proceed with safety up to Newbern, Bath 
Town, and Edenton, without unloading or loading by lighters as all 
Vessells drawing above 8i feet water must now do at great expense and 
delay. 

I proceeded from thence up Neuse to Clubfoot Creek and went 10 
miles by Land to Newport river, which falls down to Beaufort, and old 
Topsail Inlet, to view the situation they had chosen to erect a Battery 
there, which I disapproved of, it was fixed about 2 or 300 yards from the 
Town, and could only secure such Vessels as lay near the Town, but any 
Vessels might come over the Bar, and lye in a safe Harbour, where most 
Vessels lye for a wind without being hurt, it being two miles at least 
from the Battery; a shoal at a miles distance lying over against the 
Town, and a large Deep Channel about a mile over beyond the shoal. I 
went therefore to the S. W. point of the Inlet where I found the Chan- 
nel coming in from the Bar, was within i a mile from the point, and a 
fine sandy Point well fixed, above high water 5 or 6 feet, where the 
Roots of the Trees in the sand made a sure foundation for a Battery, 
where they would have good water, and wood for firing, and fixed with 
the Commissioners to raise a fascine Battery* with 2 faces, containing 6 
guns each one of 9 pounders to command the passage at the Bar and the 
other of 6 pounders to command and secure the shipping in the Chan- 
nel within the point, where the Channel to the Shoal is not a mile over, 
and the deepest of the Channel near the Battery — From Beaufort I went 
to View the fine Harbour of Cape Lookout of which I sent your Lord- 
ships a plan, & found it very exactly drawn except in the narrow place 
for the hawl over which is only 230 yards over, which is about i a mile 
further to the westward without the harbour. I went round the har- 
bour and also round the Peninsula which forms the Cape and makes 
the harbour and went thro' the Cape Lands, which are all low and cov- 
ered with grass, hard tt strong and much liked by the Cattle, I had sev- 
eral people with me who were many years acquainted with this Harbour 
and confirmed the depths set down in the Chart. I having gone up in a 
Canoe within Core sound, and no Vessell being in the Harbour, I had 
no boat to sound it, but all agreed to the depth laid down and that the 
French and the Spanish Privateers had known it of late years, brought 
in their prizes there, wooded, watered and heaved down their Vessels, 
and sent ashore and killed the Cattle, and furnished themselves with fresh 
provisions and excellent fish, I found neither wood nor water on the Cape 



346 COLONIAL RECORDS. 



side of the harbour and no foundation but a low sandy Beach not above 
one or two sand hills on the point, but the Peninsula rather rising than 
lowering, by a long shoal on the S. E. side and a shelving bank of sand 
higher than the Cape, which if overflowed in any great storm lodged 
more sand on the Cape and raised the soil, they also informed me 
that the sand point which formed the S. W. of the harbour was encreas- 
ing and straightening the entrance, but at the same time it extended 
further S. W. into the Bay and lengthened the Harbour, having au 
account that ships wooded and watered on the Core Bank side there being 
no proper place for a Fort on the Cape side, I went and Viewed the other 
side and found that good water might be had everywhere, by sinking in 
the Bottoms betwixt the sand iiills, that the lands on that side were above 
a mile all over covered with cedar live oak, and shrubs even to the tops 
of the sand hills which sand hills were about 20 feet high where the Fort 
could be supplied with fire wood and water, and a level bank above 5 or 
6 feet high above the highest tide, where it commanded the entrance over 
against the sandy point of the harbour and the greatest part of the Bay ; 
This I fixed upon as the only proper place to build a Fort upon, but as 
this harbour is the best altho' small, of any harbour from Boston to 
Georgia and may be of the utmost Consequence to the Trade and navi- 
gation of England where all our criiizers can ride in safety, as in a mill 
pond and warp out at anytime in an hour, where they can wood, water 
and clean, and be at sea in a few hours, where the whale fishers from the 
Northward have a considerable fishery from Christmas to April, when 
the whales return to the northw'' and where our trading ships may have 
always a safe harbour upon easterly storms, and the whole Bay w'ithout 
a safe road against all but south westerly winds, when they can run into 
the Harbour, and since in time of war it has been and will be a place of 
safety for French and Spanish Privateers, to infest the whole Coast, 
where they can at pleasure have a safe port under their Lee, a place to 
wood and water, to clean in, and get fresh provisions, by shooting the 
Cattle on the Banks, I think it of the utmost consequence to the protec- 
tion of the Trade of all the Southern Colonies on the Continent to have 
a proper Fort and Garrison there to defend it, and think it sliould be 
made a station for our Guardships or Cruizers, instead of Cape Fear, 
Charles Town or even the Rivers in Virginia where they are confined or 
can't get to sea when they would which they may do from hence in 3 or 
4 hours and get round the shoals, and in 48 hours be either at the Capes 
of Virginia or at Charles Town Bar, or Port Royal with a favourable 
gale, and may from their mast head in harbour see all ships within view 
of the coast as they pass along. Taking this harbour in this view, I 



COLONIAL RECORDS. 347 



can't ill Duty to his Majesty and to tlie Public but lay this before your 
Lordships to be laid before his Majesty and his Cabinet Councill for 
their Consideration, and if it should strike them the same way it does 
me, I must beg leave further to observe it will be of consequence to have 
it a fort with a sufficient Garrison and an experienced Governor, not to 
be taken by a small force without a siege for if it should be a fort which 
might be taken by a few Privateers, it would be of greater damage to 
our Trade than to have none, for it would then be a Gibralter in their 
hands against the greatest part of this Continent and would be soon 
made of much greater strength against our Colonies. 

This is therefore of too great Consequence to be attempted by any sum 
that can be raised in this Province, and if done must not only be built 
but maintained for some time at the expense of Britain until the Prov- 
inces on the main unite in their general Defence, for this harbour is of 
general use to all the Provinces, and to all the Trading Ships from 
Britain passing this Coast. 

I can't neglect an hour giving your Lordships my observations upon 
it, as I can't probably get a Council these 3 months without sending 
Expresses thro' the whole Province, but if your Lordships think my 
report is not sufficient to lay it before his Majesty at the first notice you 
may have not only a Representation to the same purpose from the Coun- 
cil and Assembly of this Province, but also from Virginia and South 
Carolina, to add weight to it, it being the general sense of all the Traders 
in these Provinces, to have it secured for our safety, and the prejudice of 
our enemies, who will not then have one place of safety to enter on the 
American Coast. 

I submit this to your Lordships & am with the greatest respect my 
Lords, Your Lordships most obedient and most humble servant 

ARTHUR DOBBS. 

Newbern 19* May 1755. 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 96 and C. 97.] 

Brunswick May 20"' 1755. 
Sir [Gov. Dobbs] 

The last time I had the pleasiu-e of seeing you at Newbern I had your 
Excellencies leave and directions to lay before you a State of my Office 
as Attorney General of this Province. 

The Salary upon the Establishment is £80 Sterling "^ ann : payable 
out of the Quit Rents and by the Establishment there is an Allowance 



348 COLONIAL RECORDS. 



for holding Courts of Oyer and Terminer of £100 sterling ^ ann : which 
upon a division between the Chief Justice Attorney General and Sheriff 
the Attorney General was allowed £30 sterl : more, the amount of the 
whole Salary upon the Establishment being £110 sterling '§ ann: and 
of which tis now 4 years since my appointment I never received one 
shilling besides Mr. Alex : M°Culloh the Deputy Auditor informs me he 
has orders from his Principal not to give any Debentures for the £100 
for holding Courts of Oyer and Terminer so that my whole Expectation 
from the Establishment is only £80 ster^ ^ ann™ 

By an act of Assembly since repealed I had an allowance of £20 
proc' money for my attendance at each Court of Assize amounting in the 
year to £120 proc' nor could I by that Law receive that unless I attended 
in person that Salary was always greatly in arrear and has not been 
paid 'till very lately. The circuit of Edenton Edgcomb and Wilming- 
ton obliged me to ride 600 miles twice a year before I could receive that 
Salary and which is payable out of a fund for that purpose. 

By the Act of Assembly lately passed for holding Supreme Courts of 
Justice &c: I am allowed the same Salary of £120 proe' money payable 
annually but with the addition of Salisbury Court at Rowan I am obliged 
to ride 500 more, The Chief Justices Salary is enlarged upon this 
account but mine is left as it was thro what motive I am not able to 
learn I am obliged to be at the same expence and trouble as the Chief 
Justice besides there are but very few Fees arising on Indictments now 
as the Country since my appointment is much more civilized and where 
there were formerly brought 24 Indictments to a Court not above 6 are 
brought and frequently under that number. The Fee allowed for that 
Service is £1.6.8 Proc' if the Bill is found by the Grand Jury and if 
returned Ignoramus then but 13^4* to be paid by the Prosecutor nor 
have I any Fee for taking any Examinations or for any other Services 
which I am obliged to do as the Magistrates frequently return Recogni- 
zances without any Examinations or Depositions so that before I can 
prepare a Bill for Indictment I am frequently obliged to examine half 
a dozen Witnesses for which no Fee at all is allowed and very frequently 
after Conviction of many Offenders the Indigency of their circumstances 
oblige me to go without my Fees for which they must be liable to con- 
tinual Imprisonments were I to insist on it, altho in other Provinces in 
such cases the Fees are paid by the Publick. 

I must beg leave to observe to your Excellency that there is no allow- 
ance for anything done in my Office but on Indictments and in the 
County Courts I am allowed half the Sum as in the Supreme Courts 
but as tis impossible for me to attend all the Courts the last Act of As- 



COLONIAL RECORDS. 349 



setubly inipowers me to appoint a Deputy in each County and it is with 
difficulty I can get an Attorney to accept of the Office altho they receive 
all the Fees incident to the Office. 

Formerly tliere was a Fee allowed the Attorney General for his Fiat 
to every Warrant and Patent for Lands granted, tiie Assembly have 
now left out those Fees in the Fee Bill and by a Clause in the Law no 
Officer can take any other or greater Fee than tliere is therein set forth 
anil allowed under the Penalty of Five Pounds Proc' money for each 
offence and I have known the Members of Assembly subscribe each a 
small sum to make up a Fee to give a Gentleman of the Law to sue the 
late Secretary Rice for taking an accustomed Fee not mentioned in that 
act. 

Upon my mentioning the foregoing hardships to his late Excellency 
Gov : Johnston there was an Order of Council that no Patent should 
issue without first being examined by the Attorney General and by him 
certified and that the usual and accustomed Fee should be paid for that 
service this gave an Alarm to the Members of Assembly and I was 
threatened if ever I took the Fee formerly allowed the Attorney General 
I should be sued. This is the unhappy Situation I am in with my Office. 

I must beg leave further to observe to your Excellency that the Attor- 
ney General's Fees are not so low in any of his Majesties Dominions as 
in this Province nor does that Officer in auy of the Colonies go through 
half the fatigue and Expence in travelling as I do. Why the Attorney 
General of this Province should be treated with less Dignity and receive 
less Fees than in any other of his Majesties Dominions I am at a loss to 
know. 

The Fee that used to be allowed on patents would be the best Branch 
of my Office and I leave it to your Excellencies better Judgement 
whether his Majesty can't grant his Lands upon what Terms and for 
what Fees he thinks proper, besides as I should keep a Record of the 
Fiats with the Buttings and Boundings Dates of Patents Names Coun- 
ties and quantities of Land I apprehend it would be of great use as tiie 
more cheques there are the securer the Titles would be and in South 
Carolina the Attorney General is allowed ten Shillings Proc' on each 
Fiat, nor have I any Fee allowed for my Attendance upon your Excel- 
lency and the Council in case I should he called upon, in all the other 
Provinces there is a Fee allowed for this Service altho the Officer has a 
Salary from the Crown wiiich is regularly paid him quarterly. 

I shall send for a Table of the Fees allowed the Attorney General in 
the Neighbouring Province and shall beg leave to lay the same before 
your Excellency not at all doubting your Excellencies recommendation 



350 



COLONIAL RECORDS. 



to the Assembly that such steps may be taken therein as shall be agre- 
able to justice and the hardships of my case shall require. I must ask 
your pardon for thus intruding on your Patience and am with due Re- 
spect, &c., GEO: NICHOLAS 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 107.] 



Estimate of the expense of Ordnance & Stoi'es requested by Arthur 
Dobbs Esq" Governor of North Carolina for the defense of Fort 
Johnson on Cape Fear river. 

18 Pounders 14) £. s. d. 

Iron Ordnance <! 9 16 V 1065. 9. - 



359. 
6. 



I with Swivels comp' 30 
Standing Carriages comp' ( 

w* one bed & Coin & 2<; 18 Pounders 
pair of Iron truck to each. | 9 



Ladles with Staves 



18 Pounders 
9 



Spunges w'" Staves & Ram- T 18 Pounders 
mers < 9 



Wadhooks w* Rammers 



18 Pounders 
9 



Spunge Heads and Ram- (18 



Paper Cartridges for a 100 
Rounds. 

Copper Powder Measures 



Round shot for 100 Rounds 



18 Pounders 
9 



18 Pounders 
9 



18 Pounders 
9 



Corn'd Powder. D" Copper Hoop'd Barrels. 
Match 



Spare Ladle Staves 
Aprons of Lead 



Large 
Small 



Powder Horns 
Priming Irons 
Lindstocks without cocks. 
Budge Barrells Copper Hoop'd 
Handspikes 



14 

16 

6j 
7 
8 
15 
3 
3 
6 



1400"! 
1600 I 
3000 

2 



4J 
1400) 

1600 y 

3000 j 



2. 18. 6 



23. 4. 4 



219. 9. 3 



210.903. 



20 [ 

30 

30 

45 
90 
20 

8 
120 



10. 3. - 



17. 14. 



COLONIAL RECORDS. 



.35] 



Crows of Iron 
Handscrews 
Hair Cloths 
Hides Tanned 

Sheepskins Dozens 

Spunge tacks 

Copper nails for Ladles 

Small Hammers 

Sling Cart Com pleat 

Triangle Gyn 

Iron Gun Block with J Double 

Brass Shivers \ Treble 

White Rope of f 5 Inches 

\3J — 
Tarr'd Marlin Skains 

{Muscovy 
Tin 
Dark 
Funnels of Plate 
Pickaxes helved 
Shovels shod 
Spades steel 
Hand Bills 
Hand Hatchets 
AVheel Barrows 
Hand Barrows 
Package, Freight & Incidents 



Fathc 



2.5. 



4. 2. 9 



33. 



3. 7. 



16. 



546. 10. - 



Office of Ordnance 
31" Mav 1755. 



[B. P. R. O. Am: & W. Ind: Vol. 74.] 



£3235. 7. 1 



Circular to the Gov" of North America. 



Whitehall 19"" June 1755. 



Sir, 



I am to acquaint you, that it is the express Command of the Lords 
Justices, that yon should not draw Bills upon the Paymaster General, or 
his Deputy, or upon any other Person, & that you should not issue any 
Warrants for Money for the Discharge of such Expences, as have been, 
or may be incurred, on Account of the Services, or Operations, to 
be performed by you, or in any Respect, under your Dii-ection, in 
North America; But the Lords Justices are pleased to direct, that, upon 
all such Occasions, You shall apply for all such sums of Money, as shall 



352 COLONIAL RECORDS. 



so become necessary, & are not properly chargeable to the Acconnt of 
your Government, to Major General Bracldock, or to the Commander in 
Chief of His Majesty's Forces, for the Time being, in Nortli America. 
I am, &c., T. ROBINSON 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 85.] 

At the Council Chamber Whitehall the 24"' day of June 1755. 
Present 
The Lords Justices in Council. 

Upon reading at the Board a report from the Right Honourable the 
Lords of the Com'°° of Council for Plantation Affairs, dated the 12"' of this 
Instant, humbly offering to the Lords Justices for their Approbation, a 
Draught of an Additional Instruction, prepared by the Lords Com- 
missioners for Trade and Plantations, for Arthur Dobbs E.sq" Governor 
of His Majesty's Province of North Carolina, empowering him to give 
his as.sent to any Act or Acts for reestablishing the several Towns and 
Counties heretofore erected by the Laws which have been repeal*" by His 
Majestys order in Council of the 8'" of April 1754; provided such new 
Acts do not give power to such Towns or Countys to send Representa- 
tives to the A.s.sembly nor a.scertain the number of Representatives to be so 
sent; & provided al.so that any other Laws which may have been passed 
in the said Province since the date of His Majesty's aforesaid Order in 
Council which might not at that time be laid before his Majesty by which 
any Townships or Countys may have been erected and empowered to send 
Representatives to the Assembly, be repealed, and other Laws passed for 
the said purposes not liable to that objection. The Lords Ju.stices this 
day took the said Report, and Draught of Additional Instruction, into 
their Consideration, and were pleased with the advice of His Majestys 
privy Council, to approve of the said Draught of Additional Instruction 
(which is hereunto annexed) and to order, as it is hereby ordered that 
Claudius Amyand and James Rivers Esq" Secretarys to the Lords Jus- 
tices do lay the same before them for their signature. 

A true Copy. W. SHARPE. 



[From MSS. Eecords in Office op Secretary of State.] 

Know all men by these presents That we William Shergold & John 
Campbell in the province of North Carolina are held and firmly bound 



COLOXIAL RECORDS. :35.3 



unto Henry M°Ciillough Esq' Secretary of this province, in the full and 
just Sum of Four Hundred pounds proclamation Money, to be paid to 
the said Henry M°Cullock, his Heirs, Executors Administrators and 
Assigns, To the Which payment well and truly to be made, We Bind 
ourselves, our Heirs Executors and Administrators jointly and severally 
by these presents Sealed with our Seals, dated this fourth day of July 
Anno Dom 1755. 

The Condition of this Obligation is such, That Whereas the above 
bounden Will" Shergold having received from me a Commission for Clerk 
of the Court of Currituck County in the said province, and Clerk of the 
peace within the same. Now if the above bound, shall and well and 
truly perform the Duty of his said Offices, and pay the Governor his 
Secretary and the said Secretary of this province thier respective Fees 
as they become due every Six Months, then this Obligation to be Void 
otherwise to remain in full force and Virtue. 

WILLIAM SHERGOLD (Seal) 
JN" CAMPBELL (Seal) 

Signed Sealed & Delivered in the presence of 
Thomas Jones 
Geo : Disbrowe 



[B. P. R. O. North Carolina. B. T. Vol. 12. C. 87.] 

Letter from Governor Dobbs to the Board. 

My Lords, 
I sett out the l?"" of June to view my Lands, and at the same time 
the Western Frontier and fix a place to station our Frontier Company 
and proposed viewing the South Carolina Line, as formerly pro- 
posed by the Commissioners, at 35° and also the situation of the 
Catawba's Nation having taken with me a very good Quadrant of 
18 inches radius, by which I could take the latitude accurately to a 
minute of a degree, I took my roote by the Heads of New River in 
Onslow County, called the rich Lands, which I found to answer the 
same all along the Banks of the several branches, I passed thence to the 
North East Branch of Cape Fear river, I found the Lands there toler- 
able, but upon the rising betwi.xt the rivers generally piny, after cross- 
ing it I proceeded to Duplin Court House, the lands there are generally 
pretty good; I hence went to the branch and the six runs, which falls 
into Black river to view some lands I had there the Bottoms I found 



354 ' COLONIAL RECORDS. 



very good, the rising grounds generally all piny, and then proceeded to 
the North west Branch of Cape Fear, at Gibson's store a Virginian 
store House, within two miles of which I took the latitude, and found it 
to be 34° 24' about four miles above it I rode to a high steep Blntf 
called sandy Bluff above 50 feet high, and apprehending it must have 
been above a rock, I went down the Banks, and found the bottom of the 
river all a fiat rock, and some stones washed from the bank I had 
broke, and found it a fine file stone, out of which I made a scythe stone, 
and heard that higher up the river it grows coarser, and has a right 
millstone grit from whence they got Millstones. 

This convinces me that the whole flat Country along the Coast, has a 
free stone Bottom, near the highest rise of the tides or a little higher, 
along the rivers a shelley lime stone rock appears which makes a cement, 
above which lies the free stone, this free stone Bottom and the sands 
time out of mind washed by the freshes from the Banks, is the cause of 
all the low sandy grounds at the mouths of these great rivers, and the 
Banks in the great sound, and also all the small Islands which keep off 
the sea, and the perpetual burning of the underwoods, and all the shal- 
low rooted kindly grass, has burnt all the top rich soil, and left nothing 
but the sand which can't be burnt, and is the cause of all the pine barren 
sandy land, so that nothing rises in the woods but deep rooted weeds and 
herbs, and some strong deep rooted grass, and this makes the great dif- 
ference betwixt these Lands and the low wet Savannas and swamps, 
which are very rich, because so wet that the soil is not burnt, this Prac- 
tice I think ought to be restrained at least the only pretence they have 
for it, is to destroy the Ticks which abound in the woods, and sometimes 
destroy their young Cattle, & that it is done by Indian and other strag- 
gling Hunters, and often by smoking Tobacco, in kindled fires in the 
woods, their fences are split rails and they choose to do it themselves, 
to preserve their fences, and burn the woods and leaves to get young 
grass for their Cattle;' I thence proceeded some distance from the No. 
West Branch near 60 miles on the top of Sand hills, on which grew 
nothing but scrubby red and black oak scarce six inches diameter, and 
pine not exceeding 12 inches and mostly under 6 or 8, these hills divide 
the streams that fall into Pedee, and the north west of Cape Fear, and 
seem to be incapable of improvement, the farther I advanced north- 
westward, the rock grew coarser & harder on some of the Heights where 
it showed itself at 60 miles distance the lands lowered, and the rock 
changed into a hard firestone intermixed with white Marcasite or Spar, 
upon the Branch running into deep river, which enters into Cape Fear 
river, where the Saxapahaua and it join above which it is called the Sax- 



COLONIAL RJ':cOilDS. 355 



apaliavv, fiMm this to Lord Granville's line aliont 15 miles further W. 
N. VV. where the four Counties of Anson Rowan, Orange, and Cumber- 
land meet in a point, the Land rises to be mountaineous or very high 
steep Hills and continues so to Uwarry which falls into the Yadkin, 
the rocks are mostly Marchasite or white Spar, but the soil intermixed 
with the rock and gravel a rich loamy red earth, an indication of a min- 
eral soil, the oak and pine to the top of the Hills being of a tolerable 
size, I rode off the road to the highest hill which I ascended at least f 
of a mile to see the Couutry which I could not see, on my whole road 
anywhere above a mile, unless on the Banks of a river, and found the 
very top well wooded, I here saw as far as my eye could reach from the 
westward by the North, to the South East, over the tops of all the Trees, 
these rich dry rocky Hills I think must be very good for Vineyards, for 
they can choose any aspect, and any height to plant them on, so as to 
. prevent their ripening too early, or bursting with the August or summer 
rains, which has hitherto prevented our having good Wines, and here the 
Vines grow naturally. The Lands upon the Banks of Uwarry are 
very good, but the hills soon rise beyond it of the same kind of gravel, 
tor 20 miles till I came near Abbott's Creek, which falls into the Yad- 
kin, here the Lands begin to improve, and beyond it, to the Yadkin 
above 7 miles, and all along the Yadkin, is very rich level ground, free 
from rocks or gravel, but all a ricii dark red, and some inclining to yel- 
low of the richest Loams, here they sow barley, wheat rye and oats, 
and have yards to stack it in. The Yadkin here is a large beautiful 
river where is a ferry. It is near 300 yards over, it was at this time 
fordable scarce coming to the horses bellies. At 6 miles distance I 
arrived at Salisbury the County town of Rowan the Town is but just 
laid out, the Court House built and 7 or 8 log Houses erected, from 
this unto the end of Lord Granville's Line which is as yet run no farther, 
upon cold water Creek on the Catawba's path, is 14 miles, the Lands still 
very good, here I was within 3 miles of the North west corner of my 
Lauds, which lye upon Rocky river, and its several Branches, it being 
very rocky, being very rapid with many foils until it joins the Yadkin, 
which has also many falls, where they join the river takes the name of 
Pedee, and falls into the sea near George's Town or Winyaw, all the 
lands here are very hilly and gravelly, with rocky bottoms, intersperced 
with Veins of marchasite or spar, on all the runs, branches or Creeks 
which run into it are good rich Lands. 

There are at present 75 families on my Lands I viewed betwixt 30 
and 40 of them, and except two there was not less than from 5 or G to 
10 children in each family, each going barefooted in their shifts in the 



356 COLONIAL RECORDS. 



warm weather, no woman wearing more than a shift and one thin petti- 
coat; They are a Colony from Ireland removed from Pensylvania, of 
what we call Scotch Irish Presbyterians who with others in the neigh- 
bouring Tracts had settled together in order to have a teacher of their 
own opinion and choice; Besides these there Tire 22 families of Germans 
or Swiss, who are all an industrious people, they raise horses cows and 
hogs with a few -sheep, they raise Indian Corn, wheat, barley, rye and 
oats make good butter and tolerable cheese, and they have gone into 
indigo with good success, which they sell at Charles Town, having a 
waggon road to it, tho' 200 miles distant, because our roads are not yet 
shortened, and properly laid out, and from the many merchants there, 
they aiford them English goods cheaper, than at present in this Province, 
the trade being in few hands they take a much higher price. This year 
they have suflFered much by the dry season, having not had as much rain 
from the middle of March to July, as to enter the Earth 2 inches, and 
since only chance thunder showers, so that"great part of their indigo is 
so short as not to yield a Crop, and their corn hurt, the air is fine, 
water good, running springs from each Hill and the Country so healthy 
that few or none have died since their settlement 7 or 8 years ago, they 
sow flax for their own use and cotton, and what Hemp they have sown 
is tall and good. All these high hills which they call barren, and won't 
take are excellent for vines, with which they are overspread but burnt 
down yearly, that few are left to bear grapes, the whole soil a rich red 
' loamiug soil intermixed with marchasites and spar, and after every thun- 
der shower the earth washed away leaves, a black shining sand like 
pounded lead ore, or iron with particles of Spar and here are symptoms 
of rich mines, in many places iron ore has been found, none yet has been 
found in quantity to encourage the setting up of forgeries or Bioomeries, 
the greatest inconveniency they labt)ur under is the want of lime stone, 
which they have not found nearer than the Mountains or Congeries. 
A gorman miner has just now brought down his family to my 
lands upon the symptoms of its being a mineral Country, and an 
ingenious gerraan smelter from Pensylvania has encouraged him, 
and if he finds any rich and large, that he will remove, he had but 
just got his Tools when I was obliged to come away, but showed me 
some samples of Ore struck off the spary rock, one of copper which 
looked very rich, and others like lead or tin, iron ore he found but as he 
had not his Tools, he could not search into the Veins. There are very 
rich lead mines discovered on New river in Virginia near our Line, and 
I am told also within our Line, they won't at present buy lead at our 
stores when they buy gunpowder having enough of their own. 



COLONIAL RECORDS. 357 



There was also produced to me near the Yadkin a mineral which is 
either antimony or tin, of which they have discovered veins along the 
Country near 25 miles, but they have not been able to extract any metal 
from it. The river from Winyaw is navigable to the Fork of Yadkin, 
& Rocky river, from whence they have all their salt and heavy goods, 
which makes it more reasonable than the north east of that river should 
be our Boundary with South Carolina I had ordered Cap' Waddell 
with our Frontier Company to scout upon the edges of the mountain, 
and upon their return I set out to fix upon a proper and most central 
place for them to winter at, and erect a Barrack, and afterwards if found 
proper there to build a Fort; I went N. W. to the Catawba's river, 
which runs by the Catawba's Town into the Santee, and proceeded 
Northward to the Latitude 35°, 40' to third Creek which falls into 
the South Yadkin, where I found an Eminence and good Springs, and 
fixed upon that as most central to assist the back settlers and be a retreat 
to them as it was beyond the well settled Country, only straggling settle- 
ments behind them, and if I had placed them beyond the Settlements 
without a fi)rtification they might be exposed, and be no retreat for the 
Settlers, and the Indians might pass them and murder the Inhabitants, 
and retire before they durst go to give them notice. As I was returning 
I was alarmed with a report of our Troops being defeated and Gener' 
Braddock being killed, but that night having Letters by a Messenger 
acquainting me with an incursion of Indians near Potomack, who had 
murdered some families, and another incursion on New river near the 
Frontiers I was in hopes it was false, and raised upon account of th^se 
murders, and I proceeded to Rocky river with design to take the Lati- 
tude of the lowest corner of my Land, and to take the Latitude of the 
Catawba's Town to ascertain the situation when the Boundary Line 
would be taken into consideration, but that night received a letter express 
from the North West store with Extracts of Letters from Virginia which 
confirmed the news of our Defeat, upon which I set out next morning, 
but having taken the latitude where I was about 35°, 13', at a medium 
of 3 observations, the South West corner of my Tract must be in 35°, 1', 
and not more, and from the best Accounts I had of the northerly Catawba 
Town, it lay very near West of it, at the Distance of about 24 miles. 
As I came away I sent Expresses for the field officers of the Militia of 
Anson and Rowan to meet me at the Yadkin, and there ordered out a 
piquet to be chosen out of the most active men of the Militia of each 
County with a chosen officer at their head of fifty men each and a cen- 
tral ])lace of rendezvous to be fixed for each to the northward and South- 
ward of our Frontier Company, to be under Captain Waddell's com- 



358 COLONIAL RECORDS. 



raand, to join him wlieii necessary or for him to march to assist them in 
case of any incursion, and ordered down two waggons to Charles Town 
for ammunition and two waggons here for arms, to be replaced again by 
the money in their hands, which they had kept in their hands, in breach 
of the trust reposed in them, having not so much as contracted for the 
same, I therefore^rdered them directly to send down the money by the 
waggons after paying for the ammunition sent for on pain of their being 
immediately sued for the money, and being prosecuted for breach of 
Trust, and then returned express here where I arrived the 9* Instant. 

I must beg leave to mention, to what I had wrote formerly in relation 
to the Boundary's being fixed by the river Pedee from the sea, until it 
reaches the latitude his Majesty may be pleased to fix it, as it seems still 
to appear more reasonable, since otherwise they may lay' a tax upon all 
the necessary heavy goods which are wanted in tJie back Country, who 
have no other navigation but the Pedee, and to allow an equivalent to S° 
Carolina beyond the Savanna towards the mountains. It will be also 
prudent in my judgment to fix the Catawbas in one or the other Colony 
being at present in the Verge of the proposed Line in 35°. And it is 
also I think necessary to have this decided soon for Mr. Glen to ingrati- 
ate himself with that Nation by Virtue of his old instruction, fixing the 
Line 30 miles west of the Springs of Cape Fear River, thinks he may 
dispose of these Lands as he pleases, and from a wrong Judgment has 
declared that he can grant Warrants within Lord Granville's Line, and 
has wrote to the Catawba King Haglar not to let any Englishman or 
European settle within 30 miles of his nation, and in his letter tells 
them that he has wrote to his Majesty upon it, who he is sure M'ill make 
good his grant to them. This letter Haglar has produced to several of 
our Militia Officers of which I desired a Copy, but ray unexpected sud- 
den return prevented my getting it, this I can't conceive to be with 
any other View but to irritate them with the Planters of this Province, 
who have taken many hundred patents within that Bounds, because they 
won't admit the right of South Carolina, and taken out their Warrants 
from him, but these settlers had rather take out their rights from this 
Province if they could be supported, even South of 35°, because they 
don't like the Constitution of that Colony, for no person can com- 
mence or prosecute a suit, or defend a suit, altho' at 200 miles Dis- 
tance from Charlestown, without prosecuting being heard in that Town, 
so that they rather choose to loose their debt, whereas we have County 
Courts four times a year to determine all Debts under £40 " " and all 
trespasses and small felonies, and supreme Courts by our last Law in 5 
distant parts of the Province, yet Mr. Glenn would extend his ]>ower 



COLONIAL EECORDS. 359 



beyond 350 miles from the Capital, which would be a great grievance to 
the settlers, your Lordships may then Judge what benefit it would 
accrew to the Settlers if they were under the South Government, besides 
if I may speak as ff private person, he has spirited up some of the Set- 
tlers on my Lands, which were patented in 1746, (who had not got 
Titles before I came over and were catching at the Lands of each other) 
to take out Warrants of survey from him, and he would support them, 
and 8 or 10 of them upon it had actually paid him for their Warrants, 
& the lands were surveyed for them soon after my arrival; This might 
have occasioned the loss of some lives, for the people near the proposed 
Line of 35° were not willing to yield any part of this Province to 
Soutii Carolina, expecting next day it might be their own case, but as 
they were told the Warrant and Survey gave no Title, and I was just 
come over and would see it rectified they prudently declined opposing 
them, When Mr. Glenn would begin with me, it may be presumed no 
private person would escape him, if any wanted, from him. 

I am persuaded your Lordships can never approve giving awav 
1,800,000 Acres, a circle of 60 miles diameter to a nation that does not 
exceed 300 Warriors, in the whole 1500 men, women and children, when 
before they were very easy, tho' some Planters took out Patents within 
6 or 7 miles of them, and there are now many hundred families settled 
within that Bounds. But since I am now mentioning the Indians, I 
must relate what has happened last month betwixt him and these Indians 
and the Cherokees, and have Mr. Glen to justify what he has done at 
this critical Juncture, which he might have done four months sooner, 
and then probably our unfortunate defeat could not have happened. 
The Treaty he has made would have' been of Vast benefit four months 
ago, for then he could have obtained a Vast body of Cherokee and Ca- 
tawbas Indians, the want of whom was the loss of the Action, and Mr. 
Dinwiddie informs me that he promised to send a body of these Indians 
to Virginia, yet he choose the very time they were wanted to appoint a 
meeting for this Treaty, which most people imagine was to prevent their 
going and in case he could not make a merit of it when he arrived in 
England, he might probably choose to remove to a more southerly 
Country where he raiglit make it a merit. The Treaty was carried on 
whilst I was in Anson, and Lieut"' Col° Clarke of the Anson Militia 
attended the meeting, and therefore did not come back, until I was upon 
my road hither, but followed & overtook me at the north west store on 
Cape Fear. He is esteemed to be a person of capacity and character, 
and he gave me the following Information of what passed and what he 
had heard, who is answerable for the truth of it. 



360 COLONIAL RECORDS. 



He says the Catawbas were dismissed with tlie Letter I liave already 
nientioued before he arrived there, but no solicitation for aid to Virginia ; 
but as he was informed he had moved his Council to make a great pres- 
ent to the Cherokees, in order to procure what is grAited by the Treaty ; 
but they answered that what he intended was to be a benefit to himself, 
and to make a merit of it upon his return to Britain, in order to make 
his peace there, and as he had obtained great riches by the Indians, and 
in his Government, they thought he might well afford it out of his own 
wealth, upon this he prepared large presents summoned near 700 people 
to attend iiim at their own Expence, to make a shew, & thus went with 
a great parade to the place of meeting, where he was met by about 1100 
Indians, these he treated with meat and liqnour for several days, whilst 
the Carolinians maintained themselves. One of the Chiefs of the Chero- 
kees as [at] a meeting gave him very gross words (which he bore with 
patience) and said he would not return to the Conference. He then gave 
the Interpreter presents to the value of £100 steri : to gain him, and 
bring him back to the Conference who at last prevailed with him, he 
eat & drank with them, took off his laced cloths and changed them with 
the Chief, and put on his Indian dress, and gave a fine ring which he 
called a diamond, and said it was worth £60 to carry to his Queen, so that 
by repeated presents and liquour, he prevailed with them to sign a Treaty 
by which they gave up all Title to the Lands they claimed towards the 
Mississippi to the Crown of Britain, that he saw all the Indians sign 
their mark, and about 700 English, with which he returned in triumph, 
but did not hear that they mentioned going to assist our Troops in Vir- 
ginia. How far this will be meritorious time must shew, but it seems he 
only regarded himself and not the Public Service in choosing the only 
time they could have been of service to us to be the time of meeting to 
keep them away. 

I hope upon his extraordinary Letter to the Catawbas that I shall be 
empowered to have a Meeting to purchase the adjoining Lands to the 
Catawba's Town to quiet the Indians, and leave them such a reasonable 
District as may be agreed upon, and whether or not His Majesty will 
not allow a proper sum out of his Quit rents your Lordships will advise 
as it is in effect securing the Settlements, and payment of the Quit Rents 
around them There is an Indian begotten by an Englishman, a brave 
man, well beloved by the Indians, who they want to make their King, 
as they despise Haglar he calls himself Prince of Wales, and is a great 
friend to the Colony, he had been in the service against S' Augustine, 
and behaved well and killed Spaniards. Coll. Clarke recommended him 
to me to be made a Captain in his Nation so I sent him a Commission 



COLONIAL RECORDS. 3GI 



by the Coll. as that gives him a distinction in his Nation without which 
they dont readily elect their King. 

As I have had an opportunity of seeing a great deal of the Country 
and Settlements, I can the more fully mention to your Lordships how 
far it may be necessary to enforce the Instructions of the Grants, as to 
the Quantity and Cultivation and insisting upon Rights. It is not now 
as it has been, when many valuable Tracts were lavished away in great 
numbers of Acres in a grant, not with an immediate view of settling or 
cultivating but to raise it upon the next Planter who should want valu- 
able Lands, which were scarce near navigable rivers, where the Lands 
were generally swampy or sandy, one not valuable the other not to be 
reclaimed without considerable expence, and were therefore thrown gen- 
erally into the Patent without survey, as the surveyors to save trouble 
would nSver enter into miry marsiies and Thickets, nor indeed, as I have 
observed, have they ever closed their figure, l)ut beginning at the March 
near tiie river, went round the 3 or more sides, until they approached the 
river again and then conclude, and so on to the first station only enter- 
ing what the course ought to be to close the figure, without ever knowing 
what curves were on that Line, or proving whetiier their survey was 
right, which if wrong as too often it was, would have obliged them by 
their Oaths if they valued them to go over it again to find the mistake, 
frequently they have only niarl'ced a corner tree, then formed a square 
which would take in the number of acres in their Warrant, laid down 
the courses and lines according to that plan and that was their survey, 
leaving it to the Planter to mark his Trees as he pleased, and take iii 
what more land he pleased witiiin iiis marks, which were never after en- 
quired into, some indeed exceeded this, & euquii'ed what sort of timb