UNIVERSITY
OF PITTSBURGH
LIBRARY
Digitized by the Internet Archive
in 2009 with funding from
University of Pittsburgh Library System
http://www.archive.org/details/colonialrecordso06nort
THE
COLONIAL RECORDS
OF
NORTH CAROLINA, (CoU •
in
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 OF STATE
VOL. VI— 1759 TO 1765
RALEIGH
Josephus Daniels, Printer to the State
1888
Copyright, 1886, by William L. Saunders, Secretary of State,
for the benefit of the State of North Carolina.
PRESSES OF EDWARDS & BROUGHTON,
RALEIGH, N. C.
PREFATORY NOTES TO SIXTH VOLUME
Of course, as we have seen, Governor Dobbs and the Assembly
did not continue on good terms, for in spite of the friendly pro-
fessions and complimentary expressions with which they set out, it
was, in the nature of things, simply impossible for a royal Governor
and the Provincial Legislature to work together in harmony.
Under the rule of the Lords Proprietors, the people of North
Carolina were confessedly "the freest of the free," and their legal
status in this respect was due, in their opinion, to the royal Charter
under which the Colony had its rise and got its growth. To them,
Magna Charta, " the great charter," was not the one granted by
King John to the English Barons at Runnymede, but the one
granted by Charles the Second to the Lords Proprietors of the
Province of Carolina. The liberties, franchises and privileges of
Englishmen claimed and enjoyed as a matter of right by our ances-
tors belonged to them, in their opinion, not because they were Eng-
lishmen, indeed for that matter they were not all Englishmen, but
because they were inhabitants of Carolina — all of whom were guar-
anteed the liberties, franchises and privileges of English subjects by
the .Charter in question. In like manner, as St. Paul boasted of the
vantage ground he occupied by virtue of his Roman citizenship, so
our ancestors claimed, that, as inhabitants of Carolina, they too
occupied a vantage ground peculiarly their own, and of which they
could not be lawfully deprived without their own consent; that they
occupied this vantage ground not by virtue of an unalienable man-
hood birth-right, not by English birth-right, nor yet by any right
as Americans, or as Colonists, but solely and selfishly as it were by
virtue of their chartered rights as inhabitants of Carolina, rights to
which the inhabitants of other soils could lay no more claim than
could the Gentiles of old lay claim to Jewish rights and privileges ;
iv PREFATORY NOTES.
that these rights, peculiar to them as Carolinians, were so fully vested
in them by the charter of Charles, so absolutely their own, that by
no process of law could they be either abridged or abrogated with-
out their consent, and hence that the transfer from the Lords Pro-
prietors to the Crown, in 1728, worked no change whatever in their
political status, and that the King could no more govern by prerog-
ative after 1728 than the Lords Proprietors could have done so prior
to that time, and in a word, that among the inhabitants of North
Carolina, until they willed otherwise, upon subject and sovereign
alike, "thus saith the law " was a supreme limitation. So strong
was this feeling that after the lapse of more than thirty years of
royal rule the Governor wrote to the Board of Trade that the As-
sembly held that their charter " still subsisted," and that it bound the
King as well as the people Bearing this in mind, the seemingly
mazy labyrinth of North Carolina Colonial politics may be threaded
as readily as a familiar pathway in broad daylight. And in this
connection it must be remembered that North Carolina, unlike
South Carolina, neither revolted, nor desired to revolt, from the
Proprietors to the Crown. In the expressive slang of to-day, she
was wise enough to know a good thing in the way of government
when she had one, and by no means anxious to part with it
Unhappily, however, for the Province, the views of its inhabitants
were not those of the British King, and what was, perhaps, of more
practical importance, were not those of British business men. ' As
has been pointed out before, the British theory was, that the Colo-
nies were permitted for the benefit of the Crown and the mother
country ; that to this end, that is to say, to increase the revenues of
the Crown and to promote the business interests of England, agri-
culture, manufactures and trade were all to be controlled by such
" appropriate legislation " as might seem requisite; in a word, that
the Colonies had neither rights nor interests that the Crown or the
mother country must regard. It was also pointed out how difficult
it was to put in practice such a theory in a Province that had
always lived and had its being under chartered rights, and that in
PREFATORY NOTES.
its attempted execution were to be found the " seeds that fruited in
the American Revolution of 1776."
Two weeks had not elapsed after the first royal Governor met the
first Provincial Assembly summoned by royal writ, before the issue
was squarely made, and the Governor officially notified by formal
resolution in writing, duly signed by the Speaker, that " by the Royal
Charter granted by King Charles the Second, to the Lords Proprie-
tors of Carolina, it is granted that the inhabitants of this Province
shall have, possess and enjoy all Libertys, Franchises and Privileges
as are held, possest and enjoyed in the Kingdom of England." For
this declaration, the Assembly was first showered with abusive epi-
thets, then prorogued and finally dissolved by His Majesty's repre-
sentative, Governor Burrington, and for two years afterward no
other Assembly was allowed to meet.
So much for the struggle of the inhabitants of North Carolina
under the first royal Governor for the rights "possest and enjoyed
in the Kingdom of England," rights that for them had the special
sanction of a formal charter. Under the first Governor, the struggle
was sharp and short, if not decisive. Under the second, it was
quite as sharp, much more decisive and very long drawn out, but
all the while it was the same* old story, iterum et iterum, a contention
for the rights possessed and enjoyed in the Kingdom of England,
because they were guaranteed to them by the Charter of Charles.
Arthur Dobbs was the third royal Governor, and the struggle
between him and the Assembly for the maintenance of the char-
tered rights of the people is now for consideration. Governor Dobbs,
like other Colonial Governors, thought he was, or, at least, ought to
be, the Province, and felt that just so far as he was thwarted by the
Assembly, he, and through him the King, was wronged; in a word,
that the Assembly, though in form representing the people, was, in
fact, intended to be only a piece of machinery for carrying into
effect the will of the King as declared through the Governor. The
Assembly, on the other hand, thought the people possessed rights
that not only the Governor but even the King himself was bound
vi PREFATORY NOTES.
to respect, for the reason that, as in the past, they had not depended
upon the will of the Proprietors, they did not then depend upon the
will of the Crown, but upon the well known Charters of King
Charles the Second. For example, it will be seen that as late as
December, 1761, that Governor Dobbs wrote to the Board of Trade
that the Assembly had openly set him and the King's written instruc-
tion at defiance, on the express ground "that their charter still sub-
sisted," that the King's instruction differed from their charter, and
that the latter and not the former was their rule of action. Prerog-
ative or constitutional rule was the issue.
With such widely divergent views about the powers of the gov-
ernment, of which, as we would say in this day, they were co-ordi-
nate branches, serious friction was inevitable. That Governor Dobbs
recognized this divergence of opinion, is evident from his declara-
tion that the Province was notorious for its republican sentiments,
and from a still later declaration, that it was necessary to garrison
Fort Johnston on the Cape Fear River, and Fort Granville at
Ocacock, to put down the spirit of republicanism in the Province,
and from the further fact that all the while from the time he got
well under way, he complained of systematic efforts on the part of
the Assembly to engross power into their own hands at the expense
of the King and his prerogative. With Governor Dobbs' views in
the premises, it was not surprising that these efforts should seem to
him both republican and unlawful, as well as systematic, intelligent
and persistent, and that he should appeal to the King " to strengthen
his hands to oppose and suppress a republican spirit of independence
rising in the Colony," nor was it surprising, on the other hand, with
their views, that the Assembly should "think themselves entitled to
all the privileges of a British House of Commons, and therefore
ought not to obey His Majesty's Honorable Privy Council further
than the Commons do in England or Ireland, or submit to his
Majesty's instructions to his Governor and Council here."
The Province, too, was still suffering grievously from the effects of
ill-government, and with its revenues and finances generally in a
PREFATORY NOTES. vn
disordered state, struggled under a great burden of debt. The
Northern counties would not use the paper money already issued,
because they denied the legality of the Legislature that issued it,
and would pay no taxes levied to discharge it, which prevented its
circulation in Virginia; and then in turn, the Southern counties
protesting that all the burden of government ought not to be thrown
upon them, likewise refused to pay taxes. In addition to all this,
there was both frequent and urgent need to make further demands
on the Assembly for the maintenance of troops on duty out of the
Province.
Remembering, therefore, the views of North Carolina Assemblies,
and their usual mode of enforcing them, it was idle to hope for
harmony. In this state of affairs, it was the obvious policy of Gov-
ernor Dobbs to render himself independent of the Province, if pos-
sible, for if not master, he must be servant. He very much preferred
to be master, and so the old struggle renewed itself. How it pre-
gressed, the incidents related in the following pages will show in
some sort.
A frequent and ever recurring cause of disagreement between
Governor Dobbs and the Assembly, was the appointment of an
Agent to look after the affairs of the Province before the various
government boards in London, from the Privy Council down.
That the Governor and the Assembly should each greatly desire
to have the appointment, and as a matter of course in consequence
thereof the control of this Agent, was but natural, as upon his rep-
resentations arid statements in great degree depended the fate of
measures pending before the authorities in London relating to the
Province.
To appreciate the importance of the Agent's position it must be
remembered that the Crown had the right to pass upon all the acts
of the Legislature, and to repeal or "disallow" such as might for
any reason seem inexpedient. The proceedings in the case were, in
brief, as follows, viz. : The act was, in the first instance, sent by the
Governor to the Secretary of State for America, by whom it was laid
viii PREFATORY NOTES.
before the Lords of the Board of Trade, and by them referred to the
Reporting Counsel to the Board, to consider and report whether or
not the King ought to be advised to assent to it. In practice, the
fate of the act depended very much upon the report of the Counsel,
who, in turn, was very much guided by the impressions he received
as to the circumstances under which the Provincial Assembly passed
the act, the evils it was intended to remedy, and the manner in
which it was intended to operate. All these things the Agent, from
his knowledge of affairs in the Province, would be able to explain
to the Counsel, and in many ways not merely to prevent unfavora-
ble misapprehensions on the part of the Counsel, but to lead his
opinion to a report favorable to the wishes of the Province. With
the report of their Counsel, the act came back to the Board of Trade
where it was considered, after notifying the Agent to attend in all
matters of consequence. With the report of the Board of Trade
the act then went to the Lords of the Privy Council, upon whose
final report its fate depended. These great officers ulso sought their
information in the premises not from private individuals but from
these Provincial Agents, and without some person being in England
in that capacity in behalf of a Province, its affairs " slept." Memo-
rials, addresses, petitions, and such like papers, passed through his
hands. Every opening for the encouragement of the trade of the
Province, it was his business to improve, and equally so to endeavor
to obviate any scheme that might hurt it, and hence it was his duty
to keep posted as to the intentions of the Government and of Parlia-
ment, all of which involved much labor of various kinds and great
responsibility. In a word, the Agent was to the Colony what the
ambassador was to a foreign country. Now, from the very nature
of the duties of the Agent, it is apparent that he was intended to
be the representative not of the Governor but of the opposition, so
that the authorities "at home" in England might get both sides of
the questions presented to them. Otherwise, the representations
made by the Governor would have decided matters. Governor
Dobbs, it would seem, therefore, when seeking to get control of the
PREFATORY NOTES. ix
Agent was encroaching upon the rights of the Assembly, and was
properly resisted by that body. With an Agent nominally in its
interest, but really under the control of the Governor, the Assembly
would have found it impossible to gain the ear of the Sovereign.
And how the affairs of the Province "slept" when it had no Agent
in England, and how they suffered, is well illustrated in the manner
in which the appropriation made by the British Parliament for
reimbursing Virginia and the two Carolinas for their expenditures
in the war against the French and Indians was divided. Virginia
and South Carolina got the lion's share, for the reason, as our Assem-
bly alleged, that North Carolina had no Agent in England to look
after her interest, and that she had no Agent was due to the persist-
ent refusal of Governor Dobbs to approve a bill appointing one
unless he was allowed to name him. For this persistence the Gov-
ernor was rebuked by the authorities in England, who told him the
selection of the Agent was the privilege of the Assembly.
A cause of irreconcileable quarrel with the Assembly was about
the right to appoint the public treasurers of the Province.
At an early day, a public treasurer, by whatever name called,
whether receiver-general, tax-collector, treasurer to the Province, or
simply public treasurer, became a public necessity, and, as a matter
of course, the office grew in importance and influence as the taxes
increased. Jealous of authority in general, especially jealous of
executive authority, and with a quick eye to the main chance, the
Assembly soon succeeded in getting the benefit of the treasurer's
influence by securing the control of his appointment, and certainly
if, as they contended, to them belonged the power over the purse % of
the Province, the appointment of the keeper of the purse also be-
longed to them. The Governor, however, denied the claim of the
Assembly, both as to the purse and its keeper. The Lords of the
Board of Trade, the Governor's official superiors in England, told
him plainly that whatever might have been the merits of the ques-
tion, as an original proposition it was then too well settled that the
Assembly had the right to appoint the treasurer to think of attempt-
PREFATORY NOTES.
ing to fix the power of appointment anywhere else. Up to the last,
however, Governor Dobbs seemed to have hopes of a change in the
long established order of things, in spite of the opinion of the Board
of Trade.
Another protracted fight was about the disposal of the dividend
coming to North Carolina from the appropriations made by the
British Parliament, for the reimbursement of the Colonies for their
expenditures in the war against the French and Indians. One of
these grants was for £50,000, to be divided between Virginia and
the two Carolinas. Another was for £'200,000 and to enure to the
benefit of all the Colonies. This fund belonged not to the Governor
but to the Province, and could not regularly be drawn upon, so
Governor Dobbs said, except by the joint authority of the Governor,
Council and Assembly. North Carolina, in view of her generous,
not to say extravagant expenditures in aid of the war, some £66,000,
of which more than half was for services outside of the Province,
naturally expected a large dividend. In- this, however, she was
sorely disappointed, as the Assembly affirmed, by reason of not
having an Agent in London to present the proper documents and
make proper representation of her action in the premises ; and that
she had no Agent there, the Assembly further affirmed, was due to
the persistent refusal of the Governor to approve a bill appointing
one. unless one Mr. Smith, his private attorney, was therein named
as the Agent.
The Governor's purpose, it seems, was to keep the fund arising
from these Parliamentary grants as a sort of contingent fund for
executive use, to render himself independent of the Assembly. By
drawing on this fund at will, in spite of the fact that by the acts of
Parliament creating it, the Assembly was to have a voice in its dis-
posal, he was enabled to enlarge appropriations without the consent
of the Assembly, that is to say, by giving orders to the General
Commanding payable out of the dividend coming to North Caro-
lina, to pay and feed her troops under his command. Thus when
our troops were in New York, in 1756, he sent the General Command-
PREFATORY NOTES. xi
ing an order payable out of that fund for £1,000 for their use.
And again in 1758, when our troops went to Virginia to take part in
the expedition against Fort Duquesne, he in like manner authorized
General Forbes to supply them and reimburse himself out of the
fund in question. In 1762 he went still further and drew upon this
fund to pay for the enlistment of men for the regular troops upon
the requisition of General Amherst, although the Legislature, after
repeated demands, had positively refused to make any appropriation
therefor.
For these acts the Governor's excuse was, for the two first, that
the condition of the currency rendered it impossible, except at a
heavy loss, otherwise to provide for the troops, as experience had
proved. Driving cattle to the scene of action, and buying produce
of any kind for shipment to the West Indies or elsewhere, to pur-
chase current bills of exchange, had not only proved costly and
unprofitable, but had given color at least to the oft made charge,
that ample appropriations had been wastefully and extravagantly,
if not corruptly, expended. As to the last, he said simply, that the
troops ought to have been sent, that he had asked the Assembly
to make the necessary appropriation and that it had refused to make
it. But no matter how honest the Governor's motives may have
been in the premises, it is clear he exceeded his authority in thus
drawing upon a fund that belonged not to him, but to the Province,
and this he admitted when he called attention to the fact that his
draft was not "regular." Of course, no North Carolina Legislature
would submit in silence to such an usurpation as that on the part of
the Executive, encroaching as it did upon their dearly loved right to
control the purse of the Province. And indeed it would be difficult
to conceive of an usurpation more glaring.
The result of it all was that Virginia got £32,368 out of the
£50,000 appropriation, £20,546 out of the other, £52,914 in all,
while North Carolina got only £7,789 in all from that and the
£200,000 both put together, a result that by no means tended to
create a kindly feeling for the Governor, who was believed to have
xii PREFATORY NOTES.
brought it about. Especially was the ill-feeling increased when it
was found that £1,000 of the £7,789 allowed was pledged for the
expenses of our troops in New York, for whose support ample ap-
propriation, it was said, had been made by the Legislature. The
quarrel over the disposal of the fund continued to the last, even
after peace had put an end to its use for war purposes, the Assembly
proposing to use it as a fund for the Province, in the redemption of
its depreciated and mutilated currency generally, while the Gov-
ernor proposed it should be applied to the redemption only of that
part of the debt created for war purposes.
The Governor in his dispatches alleged that the proposition of
the Assembly covered a huge swindle on the part of the Assembly
leaders equal to any in modern times, considering all the circum-
stances, but in reply the Board of Trade said that his own plan,
while seemingly preferable in its purpose, in their opinion, opened
the door to frauds of like kind and extent. Possibly, however,
neither party intended any wrong.
On 21st February, 1762, Sir Jeffrey Amherst, the General Com-
manding, made a requisition on Governor Dobbs, in pursuance of
orders from the Crown, for 134 men and officers, the officers to be
selected by the Governor, to help fill up the royal regiments in
America. The Governor had before its receipt ordered a new Leg-
islature, and it met in Wilmington on the 13th April. In reply to
the demand for an appropriation for troops, the Assembly said that
to add to the present debt would reduce the 'people to the utmost
distress, and that even if that were not so, they had little hope that
any appropriation they might make would do the King or the
Province any good. Thereupon the Governor prorogued the Legis-
lature until the following day. On the next day the demand for
troops was renewed, accompanied by newspapers from Virginia
showing that the requisition for the quota from that Province had
been complied with " with unanimity, alacrity and dispatch." The
Assembly replied that, impoverished as the Province was by repeated
grants for the King's service during the war, it was impossible to
PREFATORY NOTES. xin
make the desired appropriation. Thereupon the Governor pro-
rogued the Legislature until the next day. On the next day the
Governor again repeated his demand for the appropriation for the
troops. The Assembly replied in substance that their decision in
the premises had been reached after so much consideration and de-
liberation that it was idle to think it could be changed. The
Governor was authorized, however, to raise 25 men, including offi-
cers, each, for Forts Granville and Johnston. The Governor there-
upon, after a long speech full of bad temper, dissolved the Legisla-
ture for "their constituents to judge and censure their behaviour."
His next step, in utter contempt of the Legislature and its authority,
was to order the 134 troops called for by General Amherst to be
raised, the expense thereof being met by a draft on the dividend
coming to the Province from the Parliamentary appropriations for
reimbursing the Provinces for their expenditures during the war.
CouJ-d there have been an act of purer despotism, remembering that
the Governor had no right to dispose of that fund without the
assent of the Legislature, and that he so admitted when he drew his
drafts on it?
Another cause of frequent trouble between Governor Dobbs and
the Legislature, grew out of his fondness for filthy lucre. His first
official act, so far as now appears, was to beg the King for an increase
of salary, and this importunity in behalf of himself was continued
until his death, the act of Assembly regulating official fees in the
Province being a lasting eye-sore to him. He complained that as
long as this act was in operation, the fees were fixed at the pleasure
of the Assembly so that he could neither add to nor diminish them,
which he claimed was not only a grievous wrong to himself, but a
serious incroachment upon the royal prerogative. Another com-
plaint was that the fees were too low to secure the services of com-
petent officials, the currency in which they were paid being worth
one-fourth less than English money, and the produce in the mar-
kets very high, for example "beef 2d. per lb , mutton 4d., butter 9d.,
and other things in proportion, common labor 2 shillings per day
xiv PREFATORY NOTES.
and artificers from 3 to 4 shillings, and all English goods sold at
150 per cent, above prime cost." He thought too the Province
ought to be required to fix a salary for the Governor, but this he
said was intended more for the benefit of his successors than his
own, as it was probable his days would not be " long in the land."
People are apt in matters of that sort to persuade themselves they
are acting not for their own interest, but for that of others. For all
of these reasons he recommended that the Fee Act be repealed and
that the fees be fixed by the King in Council, according to those
paid in England and in English value, thereby giving a handsome
addition to the compensation of the Governor and other officials,
and making them independent of the Province. At another time
he bitterly complained that it was " hard upon this Province that
the Governor should have only 3 shillings 4 pence sterling paid for
a patent and his Majestys hands locked up by the fee bill, upon
granting his lands." Water all around and not a drop to drink,
money all about but not a dollar to be had, because his hands were
" locked up ! " Doubtless the Governor suffered quite as much as
the treasury would have done had his hands not been " locked up,"
and was perhaps to be pitied, like a hungry man in sight of food
but unable to reach it.
But not only did he seek to increase existing fees, he seemed to be
on the lookout to make new ones whenever opportunity offered and
he was not expressly forbidden to do so by the words of the fee bill,
for example when the acts creating a number of counties and towns
were repealed and charters were required to enable them to regain
their rights of representation in the Assembly, he straightway pro-
ceeded to fix a fee to suit himself although no law authorized him
to do so. Also without any authority whatever, he required every
vessel before leaving port to get a license from him for which he
exacted a fee, fixed as in the other case, to suit himself. And when-
ever he spoke of such things he gave as his reason or excuse therefor
that the Province did not provide for him as it ought to do, that
PREFATORY NOTES. xv
the other fees were too low, and especially that it made no allowance
to him for house rent. The Lords of Trade however, so far from
adopting his views, said that similar acts had been passcl in almost
all the Colonies, many of which had been confirmed by the Crown. It
was true indeed they said also, that some had been repealed, but not
for being contrary to the King's instructions or from an opinion that
the Legislature had no power to ascertain fees and that even if for
any other reason, the act in question should be repealed, they did
not think "it would be practicable or if so, prudent to have the
fees fixed and ascertained in England." Whether Governor Dobbs
added materially to his fortune by fees or otherwise while in North
Carolina does not appear. He was by no means a pauper however,
at any time while here, for besides his "Potato lands near Carrick-
fergus" and other property in Ireland, he held 200,000 acres of land
in the western part of the Colony, as well as lands in Duplin county,
and at his death he was able to leave £2,000 to his widow.
Of course the old claim of the Assembly to control the purse of
the Province, was a fruitful cause of quarrel between the Governor
m
and that body. In this matter the Lords of the Board of Trade
sympathized most sincerely with the Governor. They wrote to him
•
that it gave them great concern to see the methods of granting and
issuing of public money in the Colonies so very different from the
practice in the mother country. But for all that, the Assembly
maintained their position in the most open and fearless manner ;
and well they might, for by this time the right they claimed was
an hereditary right, the exercise of which they were born to.
In 1760 they formally declared that it was the indubitable right
of the Assembly to frame and model ever}' bill whereby aid was
granted to his Majesty, and that every attempt to deprive them of
the enjoyment thereof was an infringement of the rights and privi-
leges of the Assembly. And in November, 1764, "taking into con-
sideration his Excellency's speech," and in reply thereto, the Assem-
bly, with equal formality, entered upon its journals a peremptory
xvi PREFATORY NOTES.
order that the Treasurer should not pay out any money by order of
the Governor and Council without the concurrence of the Assembly.
So too, there was a great conflict as to the manner of auditing the
public accounts. The instruction of the Crown, under pain of its
highest displeasure, to the Governor was, to see that all public ac-
counts should be audited and attested by the King's Auditor-Gen-
eral, and copies thereof sent to England. The practice, however,
was for the Treasurer to account with the Assembly through a com-
mittee appointed for that purpose, who reported to the House for
final action, and this, the Assembly maintained, was agreeable to
the laws of the Province, and consonant to constant and uninter-
rupted usage.
The trouble over the Court Bills, as they were called, that is, the
bills proposing to provide a judicial system for the Province, and
creating the necessary machinery therefor, seems to have been a
premeditated trial of strength on the part of what Governor Dobbs
was fond of describing as the " rising spirit of republicanism in the
Colony." " Perhaps, however, as we have seen, it would have been
more accurate to have attributed the action of the people in the
premises not so much to a spirit of republicanism as to a determina-
tion to assert the rights of British subjects guaranteed to them by
the Charter of Charles and which they were daily in danger of
losing.
Hitherto the Judges had been sent from Britain, and had held
their offices at the pleasure of the Crown, that is to say, of the Gov-
ernor, both of which practices were, to put it mildly, unacceptable
to the people of the Province. It was conceded on all hands that
the nomination and aijpointment of the Judges was a part of the
royal prerogative in England, as .well as in the Colony ; all, there-
fore, that could be done to prevent the accustomed importation of
Judges, was to provide such qualifications for eligibility to the bench
as would practically exclude undesirable persons. Accordingly, in
the first court bill, that of 1756, it was provided that no one should
be a Judge in the courts then proposed to be established who was
PREFATORY NOTES. xvn
not an "outer barrister" of five years' standing in England, or an
attorney of seven years' practice in this or an adjoining Colony, and
of one year's residence here. This was to secure home Judges, a
privilege always accorded in England. Another provision of the
bill was, that the Judges should hold their offices during good be-
haviour, and not merely at the pleasure of the King or his repre-
sentative, the Governor; and that, too, was simply conforming the
practice in the Colony to that in England.
When the bill reached England, and was sent before the Lords of
the Board of Trade, the provisions above mentioned seeming with-
out the assistance of an Agent to explain matters, to be " new and
unprecedented," they asked the opinion not only of Sir Matthew
Lamb, their "reporting counsel," but of the newly appointed Pro-
vincial Chie'f Justice Berry, and Attorney General Child, who were
both still in England. Each of these officials advised against the act
on both points, and it was accordingly disallowed or repealed by the
King, and the Governor was ordered for the future not to approve
any similar bill. This was in April, 1759.
The Governor, however, it seems, regretted the " hasty repeal " of
the act, which he thought was " inadvertently advised " by the Chief
Justice and Attorney General, so much so, indeed that upon the
advice of the Council he would not publish the King's order in the
premises until the Chief Justice and Attorney General could arrive
and the Legislature be called together to enact a new bill. The
great trouble with him was that the repeal of the Court Bill of
1750 left no law subsisting on the subject but that of 1715, and no
place, save Edenton, in an extreme part of the Province, for hold-
ing the Courts, and there was such a confusion in the laws before
and since 1715 until the late law was made, that neither Judges nor
lawyers knew how to act.
The Legislature met in November following and adjourned with-
out having passed a Court Bill, the Council having thrown out two
bills from the Assembly because thej r encroached, it was said, upon
the King's prerogative, and because also of the mode prescribed for
2
xviii PREFATORY NOTES.
the payment of the Associate Judges. These bills in the matter of
prerogative, that is to say, as to the two provisions objected to in the
bill of 1756, were similar to that bill.
On the 24th April, 1760, the Legislature again met, having been
called together by the Governor to grant an aid or appropriation
desired by the King. The Assembly at once passed still another
Court Bill containing the objectionable provisions of the bill of
1756, proposing to force the Governor to approve it or go without
the desired appropriation. Accordingly, on the 16th May, the As-
sembly in a full body waited on the Governor and presented to him
a formal address through their Speaker, setting forth that as the
Court Bill seemed to them of the first importance to the Province,
they had given it precedence over all other business, and that the
extreme solicitude of the people for the passage of the bill and their
own experience of the evils arising from the want of it, induced
them to ask that he would give his immediate assent to it, so that
the Assembly might proceed to other business. The Governor re-
fused to make any answer then, further than to say that the proceed-
ing was of such an unusual nature that he would take advice about it,
and return a reply in writing that might be entered on the journals
of the Assembly. On the next day he sent a message to the As-
sembly denying the propriety of their course, and asserting that
precedence ought to have been given to the Aid Bill, or, at least, that
it should have had an equal chance with other bills. Some further
correspondence ensued, but without definite result, until the 22d,
when the Governor wrote to the Assembly that, seeing they would pro-
ceed to no other business until they knew the fate of the Court Bill, he
would inform them that if they would pass the Aid Bill and amend
the Court Bill, either by striking out the objectionable provisions or
inserting a new clause making the bill temporary in its nature,
until the King's pleasure might be known, he would approve them.
On Saturday the Assembly, in secret session and in committee of
the whole House, acting as it were as a grand inquisition for the
Province, sat for five hours and made presentment of the grievances
PREFATORY NOTES. xix
under which the people were laboring by reason of the Governor's
conduct to be laid before King, together with an address, in which
by way of apology for troubling his Majesty, and as if overcome by
the thought of their sufferings, they piteously exclaimed, " But when
by injudicious and partial appointments of Justices not qualified
for such trust, and the abrupt removal of Others whose Characters
have been liable to no objection Magistracy has fallen into Contempt
and Courts have lost their Influence and dignity; When Mobbs and
Insurrections are Permitted to assemble in different parts of the
Province Erecting Sham Jurisdictions, Imprisoning your Majesty's
Subjects, Breaking open Gaols and releasing Malefactors with im-
punity; When several of the Malecontents in those Riotous and
Treasonable Assemblies "are Honoured with Commissions from his
Excellency as Justices and Militia Officers; When persons have
suffered Corporal Punishment by the Arbitrary and Private orders
of Justices still retained in their Offices; When Moneys have been
Exacted of the Subject for the use of the Governor and Secretary,
expressly against Law ; When the forms of Writs of Election have
been arbitrarily Altered and diversified to get particular men Chosen
and defeat the choice of others, some of them directing the free-
holders, others the Inhabitants Generally to chuse, by which last
form Servants and even Convicts might be admitted to Elect, whereas
by the Royal Charter of King Charles the Second Laws are directed
to be made by the Assent of the freemen or of their Delegates ;
When a Writ has been Issued to one County for fewer Members
than they have used and ought to Send, and to another none at all
till several Bills had passed in the Present Session, by which open
Practices it remained no longer a secret that the Governor Intended
to modell the Assembly for his own particular Purposes, in like
manner as he had before reformed the Council by suspensions' and
new appointments ; When being Insulted by Blood thirsty savages
on our Exterior Settlements and in no less danger of falling a Prey
to our Internal Enemies; Whither can we resort for succor but to
xx PREFATORY NOTES.
your sacred Majesty, as the fountain from whence Justice and Pro-
tection is derived to your most Distant Subject?"
The war was now to the knife and the knife to the hilt and along
the whole line.
In reply to the message proposing to amend the Court Bill an
address was sent to the Governor declaring his approval of the bill
in the shape it then had was an indispensible necessity. The
Governor thereupon rejected the bill and prorogued the' Legislature
until Monday, 26th May. On Monday morning the Governor asked,
and was refused, permission to see the minutes of the proceedings
of Saturday, and the Legislature having reassembled passed the Aid
Bill and also the Court Bill with the temporary clause above referred
to and presented them to the Governor, when, strange to say, he
approved the Court Bill and rejected the Aid Bill, and straightway
prorogued the Assembly until the 9th of September ensuing.
On the next day he wrote a long letter to the Lords of the Board
of Trade giving a statement of events up to date, and telling them
the kind of treatment the King's Governors would receive if
they adhered to his instructions and supported his prerogative; that
there would be an end of provincial dependence on Britain if Gov-
ernors were not supported when they did their duty; that he cared
nothing for the secret resolutions, petitions and letters which, though
the session was over, were withheld from him, and urging that the
Court Bill be rejected by the King.
The reasons assigned by the Governor for refusing to approve the
Aid Bill were, in brief, that it was crude and undigested, contained
many improper provisions and had been delaj'ed too long to be of
any serwce to the King, and had a "foreign" provision in it for the
payment of £500 to an Agent in London. His apology for approving
the 'Court Bill was, in substance, that there was already a great fer-
ment in the Province, and that it would be better to sign the bill for
two years than to make the ferment greater at so critical a juncture
and that it was an error of judgment committed without any inten-
tion of infringing His Majesty's prerogative or of disobeying his
roT
PREFATORY NOTES. x x
instructions. But neither the Governor's apology for approving one
bill, nor his reasons for not approving the other, saved him in either
case from stern rebuke from the authorities in England.
Was there ever a more absurdly inconsequential or illogical ending
of so important a contest, a more thorough collapse, in appearance
at least? Certainly at this stage of the proceeding the Assembly
seemed to have greatly the advantage. The Governor was evidently
frightened, evidently in dread of the outcome of that five hours'
session, with locked doors and members "tyed" to secrecy by a
solemn oath upon pain of expulsion and disfranchisement. And
well he might be, for his arraignment by the Assembly was certainly
a terrible one, without an equal until that brought against King
George at Philadelphia by the United Colonies, on the 4th of July,
1776. There is this notable difference between the two however.
That of 1760 en ! ed with an appeal to the King, that of 1776 con-
cluded to the country as was proper and becoming and in the
natural order of things. Whatever may be thought of the theory
of evolution as applied to the material world, no student of North
Carolina history will doubt that North Carolina was a regular,
orderly, progressive growth both intelligent and beautiful in its
development, the various stages of which are so plain to the nakedest
eye that even he who runs may read.
But "he laughs best who laughs last," was true then, as now, as
the Assembly learned to its sorrow.
To this quarrel the Governor seems not to have been a party at
the outset; indeed, he seems to have sympathized with the Assem-
bly. At a later period, however, having received a different inspira-
tion from home and a fresh batch of instructions by which he learned
that the bill was inimical to the royal prerogative he went into the
fight hotly, and doubtless made it warm for those who opposed him.
It would seem, too, from the fact that the members of the Council
who supported the Governor were denounced as his "pimps and
hangers-on," that the gentlemen on the other side were, perhaps, no
more cool in their tempers than careful in the choice of their words.
xxii PREFATORY NOTES.
It is worthy of note, too, that while the Court Bill was pending
before the Legislature, before its prorogation, the Governor asked
the opinion, in writing, of both the Chief Justice and Attorney
General whether or not he ought to approve the bill, and each one
of them advised him to approve it, saying, among other things that
since they had come to the Province and understood matters and
things here, their opinions had changed. Mr. Attorney General
Child, indeed, in closing his opinion, gave expression to a grand
sentiment, worthy of all remembi'ance by all rulers: After telling
the Governor that upon the whole, considering the unhappy circum-
stances of the Province, which had already been for near eight
months deprived of any courts of judicature and must, without his
assent to the bill, continue in its present state of anarch}^ internal
tumult and dangerous insurrection, and considering also that such
a departure from the letter of his instructions could only tend to
bring the constitution of the Province to a nearer degree of affinity
with its mother country, he earnestly advised him to sign the bill,
remembering that "the act of restoring life and energy to govern-
ment, and to the subject protection of his liberty and property, is a
primary civil duty, which at all times and in all circumstances is
obligatory and indispensible." In spite of everything, however, in
spite of the merits of the proposed bill, regardless of Governor
Dobbs's arbitrary rule, and notwithstanding the influence of the
great personages in England whose good offices the Assembly had
invoked, the act was on the 14th December, 1762, again disallowed
by the Crown and both the Legislature and the Governor were
rebuked for passing it.
So the effort failed, and the people of the Province, at the end of
six years, found themselves just where they were when they began.
Nothing more could be done for the present; every resource had
been exhausted, for the time for the bullet and the bayonet had not
yet come, though such struggles served to hasten it. So the people,
nursing their wrath, and with a bitterness of feeling toward Royalty
never before felt, for they had appealed to "the best of kings"
PREFATORY NOTES. xxm
himself and in vain, bided their time, and in less than two decades
it came. Such experiences as they had between 1755 and 1763
were hard and stern teachers, but they made apt and quick scholars.
Before 1763, the people of the Province would have been quite con-
tent to be as British subjects. In 1783 they, with the other colonists,
were no longer subjects, but had conquered their independence,
created a new nation and were free citizens of a great republic.
The Tower Hill incident, in its various phases, created much talk
and controversy, spreading over the entire period of Governor Dobbs's
administration, and even now it is not completely devoid of interest,
if for no other reason, because it has been the fashion of " historians "
to impute personal corruption to Governor Dobbs in the premises,
an imputation that the records seem by no means to justify. The
facts in the case appear to be briefly as follows:
The act fixing the seat of Government at New-Bern that was passed
in 1746, under Governor Johnston's administration, having been
repealed by the Crown, Governor Dobbs was directed, by the 41st
article of the instructions he brought over with him, after due con-
sideration, to report to the Lords of the Board of Trade a proper place
for a seat of Government that would best answer the needs of the
whole Province. For various reasons, New-Bern did not seem to him
to be the proper place, the chief one being that in his opinion the
capital ought to be somewhere near the centre of the Province, and
that the rapidly increasing growth of population to the westward
indicated that in common fairness the place selected should be much
higher up the country, an opinion that the site of the present capital,
near one hundred miles further west than the place he proposed,
fully justifies. Accordingly in the Spring, after his arrival, he went
from New-Bern up the Neuse to its falls some 100 miles looking for
a place the most central and convenient for the above purpose. The
place he finally selected was a bluff at Stringer's feny, on the north
side of the river, some 42 miles by land and 50 by water above
New-Bern, called Tower Hill, and he made his report to the Board
of Trade accordingly on 6th August, 1755. The Board replied that
xxiv PREFATORY NOTES.
although the place seemed a very proper one from his description
of it, the King would prefer to have the sense of the people taken
upon it in the next session of the General Assembly, in view of the
fact that the Province would have to be at the expense of the public
buildings, and therefore, in December, 1758, the Legislature (the
Assembly having resolved that it was the best place) passed an act
fixing the seat of the Provincial Government at Tower Hill, the
Governor assenting thereto. Meanwhile the Governor had bought
the land there, as he alleged, to prevent the owner from exacting an
exorbitant price, as he might do, in case the purchase was delayed
until he knew the place was fixed upon for the site of the Provincial
capital, and offered it to the Assembly he said for precisely the sum
with interest that he paid for the place. But in 1760, the Board of
Trade rebuked the Governor for permitting the bill to be passed,
saying they intended he should get from the Legislature not an act
fixing the place, but a mere recommendation therefor. No further
action was taken in the premises, however, until December, 1762,
when the Legislature, in a formal address to the King, asked him
to disallow the act making Tower Hill the seat of government, and
in its stead to designate New-Bern. It was therein declared that
"Tower Hill on Neuse River" had been found entirely unfit and
improper, lying at a great distance from any navigable water, and
at certain seasons of the year extremely difficult of access to most
of the inhabitants of the Province, for which reasons there did not
appear the least probability that it would ever be settled or inhab-
ited by a sufficient number of people to accommodate the offi-
cers of government, members of the General Assembly and others
concerned in transacting public business with any tolerable degree
of convenience. To this address Messrs. John Rutherford, Lewis
DeRosset and John Sampson of the Council, all Southern members,
entered a formal protest for the reasons: 1, that the southern bound-
ary of the Province was not ascertained and that it would be a pre-
cipitate step to fix upon any place for the capital before the boundary
was ascertained; 2, that New-Bern could make no claim to have the
PREFATORY NOTES. xxv
best navigation or to be the most central place for the encouragement
of trade or for the ease of the inhabitants, both of which points
ought to be considered; 3, that the unhealthiness of New-Bern and
its distance from the back settlements rendered it unfit to be the
capital, especial mention being made of a former unanimous resolve
of the Assembly that New-Bern was an improper place for the seat
of government; 4, that the address in its favor was carried in the
Assembly only by a small majority and in the Council by the casting
vote of the President The Governor, thereupon, sent a message to
the Assembly asking to be paid for the land in accordance with the
provisions of the act of 1758, with interest from the date of pur-
chase, since which time he had not interfered with- the land nor
received any benefit therefrom, and in May, 1764, the Treasurers
were ordered to pay him accordingly. To the last the Governor
declined to advise the King that New-Bern was either central in
point of location or healthy.
It is difficult to see in the above any evidence of personal. corrup-
tion on the part of. the Governor. The incident is worthy of notice,
too, if for nothing else, to show how slow was the progress of events
when provincial legislation was subject to revision and repeal by the
authorities in England. This matter, which began in 1746, under
Governor Johnston, did not end until 1766, when New-Bern was
made the seat of government, and Tryon began to build his famous
"palace" at a cost that prevented the Province from rallying from
the effects of the war.
The number of members necessary to constitute a quorum of the
Assembly also gave rise to much dissension whenever circumstances
permitted. The Assembly contended that a majority of all the pos-
sible members was necessary to make'a quorum. Governor John-
ston, in 1746, when he got the bill passed taking away the represen-
tation of the Northern counties, contended that a less number would
make a quorum, but though the Board of Trade said they were not
sufficiently satisfied that a majority was necessary to make a quorum,
he was overruled, and the bill, while a desirable one to the Crown,
xxvi PREFATORY NOTES.
was rejected. After that the Crown attempted to get rid of what it
considered a difficulty by ordering in the instructions sent over by
Governor Dobbs that henceforth fifteen members should be consid-
ered a quorum. The Assembly, however, said the number neces-
sary to make a quorum was a matter of constitutional or chartered
law, a vested right that the Crown could not change without the
consent of the Legislature, and continued to require the presence of
a majority of the whole number of members before proceeding to
business. There were two exceptions to this, one in 1746, when
a minoritj', a mere handful, resolved that fourteen members
and the Speaker, just the number it could muster, should be a
quorum, and with that so-called quorum proceeded to pass the
act above referred to, and to legislate generally. The other was
in June, 1760, when an Assembly was suddenly called to meet
in Wilmington almost immediately after along Assembly in April
and a short one in May, upwards of thirty members being pres-
ent, only three or four less than a majority, and when, in the
excess of their patriotic desire to defend the frontiers against the
Cherokees, and the extreme exigency of the case, that seemed
to them to forbid the least delay, they passed an v\.id Bill with
some three or four less than a quorum, which was then thirty-
eight. But even then they were careful enough to enter upon the
records that their action in disregarding the legal quorum in this
case was by no means ever to be drawn into precedent, as it was
occasioned solely by their desire to prevent delay that would be
seriously hurtful to the cause they all had so much at heart. In
spite of this, however, the Governor threw it up to them from time to
time, whenever a dispute on the question arose, though scarcely a gen-
erous act, one would think, on the part of his Excellency. The Board
of Trade and the Crown supported the Governor in the dispute;
but it availed naught, for the Assembly, while proffering to give its
assent to a law by which the number might be changed, provided
not less than one-third of its members was made a quorum, in sub-
stance declared that not all the Kings and Boards in Christendom
PREFATORY NOTES. xxvn
could change the number without its consent. And thus the mat-
ter stood, so that another legacj^ of discontent was carried over to
the Tr} r on administration.
The act of Assembly of January, 1715, entitled an act for appoint-
ing a town in the county of Bath, was long an eyesore to the
Governor in that in addition to the special provision authorizing
the town of Bath to send a member to the Assembly it contained a
general clause by which every town in the Province might send a
member as soon as it had sixty families resident therein. This act,
so far as appears, was never repealed, and under its authority every
town would, from time to time, as it could comply with the require-
ments, send a member without having a charter from the Crown,
and once, as in the case of the town of Halifax, in 1760, without
the formality of a writ of election from the Governor, Stephen
Dewey, Esq., being the member thus sent. Sometimes, however, as
in the case of the town of Brunswick, in 1754, the Legislature would
pass a special act authorizing a town to send a member that did not
have sixty families resident therein. Brunswick had at that time
only twenty families. Wilmington, that had seventy families, was
also authorized by a special act of the Legislature to elect a member.
In one case, at least, that of Tarboro, in 1772, an effort was made to
give a town representation in the Legislature solely by charter from
the Governor, but it was not successful, for the Assembly would not
allow the applicant, Henry Irwin, Esq., to take his seat, alleging
among other things that the town did not have sixty families resi-
dent therein.
At another time the conflict, as various in form as irrepressible in
nature, was about the appointment of a Public Printer, and took
place only a few months before the Governor's death. An Assembly
Bill appointing James Davis Public Printer having been killed in
the Council sitting as the Upper House, the Governor, by and with
the advice of the Council sitting as a Council, appointed Andrew
Stewart Printer to his Majesty in the Province, for eighteen months,
with orders to print such things as the Printer had been accustomed
xxviii PREFATORY NOTES.
to print, notified the Assembly of the facts in the case, and asked
that a suitable salary be provided for the new official. The Assembly
answered that it was most extraordinary and unparliamentary, that
the failure of the bill to appoint a Printer in a body that had
hitherto called itself the " Upper House" of the Legislature, should
first come to them through the Governor, who, with the advice and
consent of that same body, had proceeded to the appointment of a
Printer under the sounding appellation of his Majesty's Printer, an
appointment of an unusual nature, and unknown to the laws and
Constitution, and therefore to guard the liberties of the subjects and
their indubitable rights, did formally resolve that they knew of no
such office as his Majesty's Printer of this Province, and of no duties,
fees or emoluments thereto belonging; and that the said appointment
was of a new and unusual nature, unknown to the laws and a
violent stretch of power.
The Governor replied that it was the King's "undoubted preroga-
tive to nominate and appoint a Printer to publish his proclamations
and orders of government, and to publish his laws, and that the
right of the Commons, or Lower House of the Assembly was only
to appoint a Printer to publish their votes and resolutions during
their sessions," and again asked for an adequate salary for the new
official. Pie also told them of the pleasure it would give him on
going to England to represent to the King the action of the Assem-
bly in a favorable light, and not ajs encroaching upon his Majesty's
just prerogative. The Assembly rejoined, that while insisting upon
their right to appoint a Printer for the Province, they would not
deny his right to appoint one for the Crown. In spite of his threat,
they reminded him, however, that like the right to appoint, the cor-
responding duty to provide a salary, was also with him ; in a word,
that the power to appoint, and the duty to pay, lodged, together;
and as the Assembly controlled the purse-strings, and entered upon
their journal a peremptory order that the Speaker should send copies
of all laws passed during the session to their own Printer, James
Davis, and that the Treasurer should not pay any money out of any
PREFATORY NOTES. xxix
fund by order of the Governor and Council without the concurrence
or direction of the Assembly, it would seem that in the controversy
the Assembly had the better of the decision, even if his Excellency
had the better of the argument.
Nor was there any greater harmony in ecclesiastical than in secu-
lar affairs. The Church of England was, indeed, the " established "
church in the eye of the law, and the Province was divided into
parishes, which had the right of taxation to support ministers, build
churches and parsonages and buy glebe lands. As a matter of fact,
however, that denomination by no means met with universal accep-
tation among the people, of whom the " Dissenters," as they were
called, of various denominations, constituted a very large proportion.
In the Middle and Western portions of the State, during the Dobbs
administration, the Presbyterians were largely in the ascendant, and
next to them the Lutherans and German Reformed. In many parts
of the State, too, the Baptists were to be found in large numbers.
In the whole Province there were not more than a half dozen min-
isters of the Church of England, though there were some twenty-
nine parishes, each county being a parish. And doubtless that
Church would not have been established, in name even, had it not
been that a number of people, regardless of denominational prefer-
ences, thought that the establishment by law of some Protestant
denomination was more important than the shades of its creed.
The instructions from the Crown to the Governor were to permit
liberty of conscience to all persons except Papists, so as they were
contented with a quiet and peaceable enjoyment of the same, not
giving scandal or offence to the Government; to take especial care
that God Almighty be devoutly and duly served; that the Book of
Common Prayer, as by law established, be read each Sunday and
holiday, and the blessed Sacrament be administered according to
the rites of the Church of England ; to see that new churches be
built and that those already built be cared for, and that for the minis-
ter of each orthodox church a house and sufficient glebe should be
provided ; that no minister be assigned to a parish without a certifi-
xxx PREFATORY NOTES.
cate from the Bishop of London of his conformity to the doctrine and
discipline of the Church of England, and of his good life and con-
versation ; that every orthodox minister be a member of the vestry
of his parish, and that no meeting of the vestry be held without
his presence, unless he be sick or fail to attend after due notice ;
and that no school-master be permitted to keep school in the Prov-
ince without license from the Governor or the Bishop of London.
But it was easier to write instructions in England than to formu-
late them into satisfactory Church acts in North Carolina, and, even
when thus formulated into statutes, experience showed that practi-
cally it was simply impossible to have them executed in the parishes
when contrary to the wishes of the people.
The following is a brief summary of ecclesiastical legislation
during Governor Dobbs's administration :
In January, 1755, an act was passed establishing vestries, making
provision for an orthodox clergy, etc., which, having been laid be-
fore the Bishop of London, in whose ecclesiastical jurisdiction the
Colonies were held to be, was objected to because the vestry of any
parish that might be vacant for one year was authorized to procure
some other minister to perform divine service once in three months ;
2d, that the minister of each parish should be obligated to officiate
in such parts of the parish and at such times as the vestry should
direct ; 3d, that provision was made to punish ministers guilty of
notorious immorality. The vestrymen were required by this act to
make a declaration that they would* 1 conform to the liturgy of the
Church of England as by law established. In consequence of the
objections, the act was disallowed by the Crown on the 3d of March,
1759.
In May, 1760, two acts which, together aimed at the purposes of
the act of 1755, were passed, and, according to custom, referred to
the Bishop of London. After consideration of these acts it was ob-
jected that they not only revived several of the exceptionable pro-
visions of the repealed law, but in some respects contained matter
of new and greater objection, viz. : 1st, that a vestryman was not
PREFATORY NOTES. xxxi
required to be a member of the Church of England, but only to de-
clare that he would not oppose the doctrine and discipline of that
Church, whereas the law of 1755 required him to declare his con-
formity in express words ; "id, there was no provision that the min-
ister should be a member of the vestry ; 3d, that though a more
ample salary was provided, and fees established for a clergyman, no
machinery was provided to compel their payment ; 4th, that the act
vested the right of selecting a minister for every parish in its vestry
for twelve months after a vacancy, but should that term expire and
no minister be chosen, the right of selection was not reserved to the
Crown as in the repealed law ; 5th, that the provision concerning
the punishment of ministers guilty of immorality was unnecessary,
as the matter was already provided for by law, and improper, as it
interfered with the jurisdiction of the Crown. For these reasons the
acts were on the 3d June, 1762, disallowed by the Crown.
The Legislature met again in November, 1762, and once more
began to discuss measures for the establishment of vestries and the
encouragement of an orthodox clergy. Governor Dobbs informed
the Assembly that he would approve none but temporary bills, and
them only provided they made the clergyman one of the vestry to
preside in its meetings according to his instructions, and provided
further, that the choosing of the minister should be given to the
Crown.
It seems, however, according to the statement of the Governor,
that the bill making provision for the clergy, when presented to him
for approval, contained no provision making it temporary in its
nature, a fact of which he then first became aware, so that he was
constrained, either to pass the bill without a temporary clause, or to
deprive the clergy of the salaries allowed them by the bill, so he
approved the bill rather than have no established clergy in the
Province. When the vestry bill was presented to the Governor for
approval, he learned for the first time that it also contained no pro-
vision, either to make it temporary in its nature or to make the
minister a member of the vestry, and thereupon he rejected it.
xxxii PREFATORY NOTES.
The provision made -for the orthodox clergy was a salary of
£133 6s. 8d. proclamation money, to be paid by the church wardens
on or before the last day of June annually, for every minister of a
parish ; and every such minister was also entitled to take 20s. for
marrying, if by license, and 5s. if by banns; for publishing banns
and granting certificate thereof, -Is. 6d.; for preaching a funeral ser-
mon, if required, 40s. proclamation money, and he might take the
said fees if he had not refused or neglected to do the said services,
although the services had been performed by some other person.
The glebe was to contain at least 200 acres of good arable land, and
upon it were to be erected one convenient mansion house of thirty-
eight feet in length and eighteen in wid$h, a kitchen, barn, stable,
dairy and meat house, and such other conveniences as the vestry
might think needful; until these things were provided, the minister
was to receive £20. proclamation money annually in lieu thereof.
In every case of vacancy, the vestry was authorized to choose the
minister for that parish, provided that no one should be so chosen
without having a certificate from the Bishop of London that he had
been duly ordained, and was of good life and conversation. The
power to try and punish ministers for gross crime or notorious im-
morality was given to the Governor and Council.
In February, 1764, a new Assembly met in Wilmington, and in
the absence of the Northern members passed, with the approval of
the Governor, a vestry bill by which the minister was made a mem-
ber of the vestry, and the vestry given the power to levy a tax of
ten shillings per taxable to build churches, glebe houses, school
houses, pay a school master and buy glebes. The vestrymen were
only required to promise not to oppose the liturgy of the Church of
England without saying anything about conforming thereto. This
act was to continue in force for five years from its passage.
It will be seen from the above that for several years of the Dobbs
administration there were no vestry laws in force in the Province,
and that when such laws were in force the "orthodox clergy" were
not necessarily benefitted thereby, being practically dependent on
PREFATORY NOTES. xxxm
vestries elected by the freeholders, regardless of sect, and not re-
quired to conform to the liturgy of the Church of England.
Among the many men who contributed to the discomfort of
Governor Dobbs during his stay in North Carolina, Colonel John
Starkey, of Onslow county, was one of the most conspicuous, for he
was both a public treasurer and an avowed republican. He was a
man of good fortune and integrity, and was very much liked and
esteemed by the people. He was executor of most people who died
near him, having won public confidence "by his capacity and dili-
gence, and in some measure from his. garb and seeming humility by
wearing shoe-strings, a plain coat, and having a bald head." But,
in spite of all this, Governor Dobbs said he was the most designing
man in the Province; that he was a "professed, violent republican
in every instance taking from his Majesty's prerogative and encroach-
ing upon the rights of the Council and adding to the power of the
Assembly to make himself popular;" that getting into the Assembly,
he "continued to make himself popular by opposing all taxes that
did not turn out to his profit, and by attempting to gain power to
the Assembly at the expense of his Majesty's rights," and that finally
he made himself strong enough to induce the Legislature to appoint
him one of the treasurers of the Province without any limitation as
to term of office, a circumstance that greatly increased his power,
which he hesitated not to use against the Crown. Being treasurer,
he had charge of the payment of the allowances to the members for
their attendance, which he could advance or delay, as to him seemed
best, so that all unstable impecunious members who wanted a supply
followed him like chickens, and he swayed the House against the
most sensible members of it. As an instance of the control Colonel
Starkey wielded, Governor Dobbs said, it was throiTgh his influence
that the Assembly refused to give a proper salary to a storekeeper
at Fort Johnston, though recommended to them by his Majesty in
Council because they did not have the selection of the man, and for
this and other contumacious acts the Governor took from him his
commission both as magistrate and as Colonel of Militia.
3
xxxiv PREFATORY NOTES.
The above is the portraiture by Governor Dobbs of a man whom
our records show the people of North Carolina long held in the
highest honor; not, indeed, because of the humility of his garb, for
he seems to have been the only one so singular in his dress thus
honored and loved, but because of his sterling qualities, both of
head and heart. That he was guilty of avowed republicanism some
twenty years before republicanism ceased to be considered a crime
there seems no reason to doubt, and that thus confessedly guilty, he
was honored and confided in by the people, is beyond question ; and
this doubtless was the head and front of his offending. And just
here the question arises, if the people of North Carolina thus openly
And persistently honored and rewarded, for the Treasurer's place
was the most lucrative in their gift, an avowed republican, how far
-were they too tainted with republicanism ? We cannot answer.
There is more in Governor Dobbs's comment on Colonel Starkey's
dress than appears at the first glance. If Colonel Starkey played
the demagogue b} r having a bald head and using plain coats and
shoe-strings, it is apparent that the custom of the country for men in
his station in life was to dress differently. When he said Colonel
Starkey had a bald head, Governor Dobbs, being an Irishman,
doubtless meant that he wore his own hair; that is to say, that he
did not wear one of the big wigs in style in that day. So, too, if
wearing a plain coat and using shoe-strings distinguished him for
humility in the class to which he belonged, then lace coats and shoe-
buckles were the prevailing wear of those not so distinguished.
And so in this incidental way we get information as to the modes of
dress that obtained amongst our ancestors and the extent to which
the more pretentious styles were worn.
Governor Dobbs did not confine himself to members of the Lower
House in his quarrels, for he quarrelled with members of the Council
as well. Messrs. Rutherford and Murray he removed from the
Council, assigning therefor reasons that were not the real motives
of his action. The charges preferred were indeed serious enough,
involving as they did grave malfeasance in office, but the real reason
PREFATORY NOTES. xxxv
for their suspension, as he admitted in his despatches to the authori-
ties in England, was that they were caballing against him and his
administration. The Lords of the Board of Trade sustained him,
but the Lords of the Privy Council, the tribunal of last resort, over-
ruled his action and restored the suspended members to their places
at the Council Board of the Province. The matter seems to have
turned upon the inexpediency of allowing a Governor to exercise
the power of suspension vested in him by the King's instructions in
a purely arbitrary manner. It was pushing prerogative too far even
for their taste. In 1759, he suspended Mr. Corbin, another member
of the Council, which was doubtless well enough and was approved
in England.
But with all his love of prerogative rule Governor Dobbs boasted
that he was not as arbitrary in his official conduct as Governor
Johnston, in that he never distarred attorneys whom he disliked at
his own sweet will as Governor Johnston did in the cases of Mr.
Hodgson, then Speaker, and Mr. Samuel Swann, afterwards Speaker.
But he did not hesitate to follow his predecessor's example in other
respects. For instance: in 1760 he secured, he said, the passage of
" an unexceptional aid bill to raise and equip three hundred men, and
to pay for scalps, contingencies and other claims," involving an addi-
tion to the debt of £12,000 "by having the Assembly held at Wil-
mington," which meant that the Northern members were not present.
"Scalps, contingencies and other claims" were evidently, then; as
now, costly luxuries. The bounty for a scalp then was £10 when
taken by a civilian and £5 when taken by a soldier. It is probable,
however, that this particular bill would have been passed in a full
Assembly, the emergency being very great.
COLONIAL RECORDS.
1759.
[B. P. R. 0. North Carolina. B. T. Vol. 13. D. 47.]
LETTER FROM GOVERNOR DOBBS, DATED 22" JAN: 1759.
My Lords, [of the Board of Trade.]
I have not had any Letters, Orders, or Instructions from your
Lordships since the 7 th of November 1757 which a little surprises
me, not thinking that they should all miscarry.
I herewith send you the reports of the Committees of Accounts
and Claims together with the Copy of a Bill of an extraordinary
nature which affected His Majesty's Prerogative, which the Upper
House laid aside upon the 3 d reading.
As there has been a great deal of caballing and management this
last Session particularly as to that and the Bill for fixing the seat of
Government which I have passed, I must write fully to your Lord-
ships upon it, as I shall want several instructions '& enforcements or
explanations of Instructions to know how far I shall execute them
or suspend them for the future.
The situation I was in at Newbern in a small House at a high rent
which I was obliged to pay without either Garden or field to keep
either horse or Cow in a low unhealthy situation in which I had
several relapses in Fevers and agues and the Assembly having com-
plained of it and voted it an improper place, and no hopes of fixing
on a place for the seat of Government made me enquire for a proper
place to reside in, and the Gentlemen upon Cape Fear having offered
me a new convenient house covered in but not finished in properly
with convenient land to reside in there in a healthy dry open situa-
tion, I last Spring removed my family thither, and proposed holding
Assemblies alternately at Edenton and Wilmington to prevent any
jealousy between the Northern and Southern Inhabitants. This
however alarmed the Gentlemen in the north lest hereafter the seat
of Government might be fixed at Cape Fear, as it has the best navi-
gation in the Province, and they made me a proposal to fix the seat
Vol. VI— 1
COLONIAL RECORDS.
of Government upon Neuse in the situation I, recommended to j'our
Lordships, where I had purchased a Plantation with that view that
the price might not be raised upon the publick in case it should be
fixed there, and engaged to build a house for the Governor, a State
House and Secretary's Office, in case I would reside there, at the
publick expense, and to erect a City there, this I consented to, and
thought upon your Lordships having approved of it in case they
addressed His Majesty upon it to la} r them under an obligation of
paying for the buildings, I might venture to pass such a Bill without
a suspending Clause which they thought would delay tire building,
since His Majesty, if He disapproved of it would repeal the Bill, and
if it were delayed, they might change their mind and not fix the
seat of Government,
But by what has passed since I found that this was a scheme to
draw me in to pass the second Bill, which was laid aside upon account
of paying me the money I had expended, and would have also paid
my expenses in attending the Philadelphia Congress, and the rent
of my house for the time past which were at my private expense,
thinking I would break through my instructions and pass a Bill
which so greatly affected His Majesty's Prerogative and the. Power
of the Governor and Council.
The draught of this 2 d Bill was not shewn to me until the Assembly
met at Edenton, much about the same time I was informed that a
Junto of 2 or 3 leading Members and the 2 Treasurers had met at
the Supreme Court at Edgcomb to prepare & digest their plan and
to get our proportion of the sum which His Majesty had graciously
recommended to the Parliament to reimburse the Southern Provinces,
which they expected would be at least £15,000 into their Custody
under the direction of the Assembly which they ruled, and so apply
it as they thought proper without His Majesty or the Governor and
Council's interfering in it.
When this second Bill was shewn to me I objected to some parts
of it particularly bringing over the sum in Specie, and lodging it
with the Treasurers, and appointing an Agent without my appro-
bation in Council who was only to follow their Instructions to him
by their Committee of Correspondence, upon which they insisted
upon it that the first Bill for the seat of Government should not pass
unless the other went with it, as hand and glove, that they were to
gain the Assembly by having the money in their disposal and not in
the Governor in Council, which was a point they could not gain in
Virginia from M r Dinwiddie and the Council, and the lodging the
COLONIAL RECORDS.
money in the Treasurer's hands was M r Starkey's price without which
he would oppose it — Upon this fine spun scheme I thought to finesse
as well as they, and spoke to my friends in Council not to oppose the
2 d Bill until the third reading except in some trifling amendments,
and whenever the Lower House had read hoth the Bills the 3* time
and they had passed their House, and were sent up to the Upper
House, I went & assembled the Council and told them that I wanted
their advice whether to pass a Bill of an extraordinary nature which
affected His Majesty's Prerogative and the rights of the Governor
and Council, which was contrary to my instructions and gave them
a Copy of the 29 th & 30 th Articles of my Instructions and desired
they would give me under their hands their opinion and advice upon
it without which I could not pass it, the gentlemen in Council who
were for the Bill then proposed a suspending Clause. I told them
even with that I could not think it prudent to pass it, upon which I
left them and they without a negative put off the reading of the Bill
until the first instant, before which the Assembly was to be prorogued,
upon this Disappointment the Lower House were all in a flame, the
managers being greatly disappointed, & represented to me that there
must be a Dissolution unless the Upper House would resume the Bill,
desiring I would speak to the Council to revoke their resolution, and
pass the Bill — I told them I thought it was unprecedented, but they
were to have no restraint put upon them — The Assembly then cooled
and it ended in an application to me that I would concur with them
in recommending so much of the money they were in arrear to
their former Agent to be paid out of that sum, this I thought just
and concurred with them in it; they then appointed an Agent of
their own, without the approbation of the Governor & Council, &
resolved to pay him £150 p. ami : for 2 years out of their propor-
tion of the dividend of the £50,000 and then addressed His Majesty
congratulating him upon the success of His Arms, at the same time
praying that part of the sum should be laid out in purchasing Glebes
and establishing Free Schools in each County — This address they
never communicated to me, but are to send it to their Agent to
deliver it, otherwise the Council would have concurred in a proper
Address, upon which the Governor in Council have sent separately
a congratulatory address to His Majesty, and then I closed the session.
As the bringing over the money in specie would be very expensive
and would answer no end but the Treasurer's and the Committee or
Junto of Correspondence, and would as fast as paid be sent back
again to Britain to answer demands instead of sending out commod-
COLONIAL RECORDS.
ities, I proposed that it should be lodged in the Bank, or to purchase
Bank Stock with it, which upon a happy peace would rise consider-
ably, and to remit it as wanted to this Province, and as the Discount
of our Paper Currency is at present £190 above the par of English
Coin, the Bills would answer above 50. p. cent above specie in what-
ever manner His Majesty thinks proper to apply it, but if it came in
specie into the Treasurers hands, they would pass it a par at 33 J. and
the surplus .would sink into their pockets and their friends in the
Committee of Correspondence. However I leave it to you to judge
whether it mayn't be equally for His Majesty's service and the benefit
of this Colony, if so much as they proposed of it for the building of
the Stadhouse &c. should be laid out for that service instead of issu-
ing Treasurer's notes for the like sum, & the remainder or a Propor-
tion of it be laid out in finishing the forts of Granville and Johnston
on Cape Fear & at Portsmouth near Ocacock Bar since the Assembly
refused to give more money to finish Fort Johnston upon pretence
that the Commissioners had not accounted before them, whether
these Forts are necessary and fit to be continued or finished which I
find, as they apprehend the war will be soon over they think Garri-
sons for them may be a charge upon the Province, which they would
be eased of if there were no forts, but I apprehend it will be much
for his Majesty's interest, that these Garrison's should be supported
and paid by Britain, as they will keep the Province more dependant,
and the Government as well as the Collectors may want their assist-
ance and countenance to prevent an illicit trade which prevails over
all the Colonies. I also think it for His Majesty's service that part
of it should be reserved for the repairs of forts or building of Mag-
azines or other contingencies of Government which the Assembly is
unwilling to provide for but in a very scanty manner chiefly to bear
their own expenses attending the Sessions.
Your Lordships will further consider whether the disposal of the
money granted by His Majesty should be under the direction of the
Governor and Council, and to have the accounts audited by the
Auditor and transmitted to Britain according to my Instructions to
be laid out as His Majesty shall direct and approve of, or to give up
all accounts of money to the Assembly who will neither pay nor
allow the Auditor to audit the accounts and keep the Vouchers, by
which means they endeavour to engross all power, as they endeavour
from time to time to increase it, now is the time on a pease to stop
their schemes of their power, as very little money will be raised
upon the Province but for their own benefit, if there should be any
COLONIAL RECORDS.
part of the sum remaining after such Appropriations His Majesty-
may direct it at His N pleasure either in sinking the Paper Currency
or in purchasing Glebes and establishing schools, but I must remind
your Lordships that there was £7200. granted in Bills for building
Churches & purchasing Glebes and £6000 for publick schools, which
notes were not to be issued without His Majesty's approbation, which
Bills were borrowed and issued to answer the expenses of this war
to be sunk by proper taxes, as these Bills are restored by the taxes
His Majesty may either allow these to be applied for Glebes or
schools, or order them to be burnt as they .are paid in to lessen the
Paper Currency. But I should think one Public Provincial school
for the languages &c would be enough to be endowed, and the
County schools be only for English scholars to learn to read write
and account with some other branches of the Mathematicks.
Since we have passed a Bill this Session for the better maintenance
of the Clergy by which their annual stipend is increased to a hun-
dred (£100.) this Currency and £'20. annually instead of a Glebe, I
believe your Lordships will recommend the repeal of the Church
Bill which passed in the year 1754. when the Crown in effect was
obliged to give up the Patronage, as the Vestries have always con-
trived to evade the lapse upon their not nominating and their
chusing Vestrymen who wont act, and therefore they pay no Parish
taxes and turn out their Clergymen at pleasure where A r estries act,
so that now this Bill securing a better Provision for the Clergy, they
are safe, and the Vestry Act may be repealed, by which better Ves-
tries may be got hereafter, the repeal of that Law will be of great
benefit to the Province and encourage pious learned Clergymen to
residehere.
I also thought it prudent to concur in repealing Atkins 8 Law
which was to continue 2. years, as we had prohibited the Indian
Trade without Licences from him, and neither Virginia nor South
Carolina would pass any Bill to the same purpose,' and the Indians
complained for not being supplied by us with Provisions or English
Goods, and find that M r Atkins has never yet gone up to treat with
the Indians.
I must also desire your advice and Instructions considering the
caballing of the Members of Assembly, whether it wont be prudent
to dissolve this Assembly at least after next Session, but this I can't
do until I have further Instructions from His Majesty before I can
issue any writs as so many Counties have been dissolved & created
again, who have no Members until Charters are granted to them,
COLONIAL RECORDS.
which none have demanded and if they do not, I can issue no writs
for these Counties, among them Tyrrel is one in Lord Granville's
district which sent o. Members, and Bertie another which sends 3.
Members ; ought I then to give these small Counties 5. or 3. Mem-
bers when much larger Counties send but two ; will it not be more
equitable & equally Lord Granville's Interest that as I have divided
one of his Counties, Edgcomb, into two, & erected Halifax County
out of it upon their Petition, that 2. of the 5. Members be taken
from Tyrrel County & granted to Halifax County, otherwise I must
give Charters only for one Member to each of the new Counties,
Chowan County in which Edenton is, also petitioned to be divided
and have another County erected out of it, but when I informed
them that I could grant them no Members by Charter unless Chowan
from which they would be divided would part with 2. of their 5.
Members and take out a Charter for three Members which they
would not consent to do, then the) 7 withdrew their petition ; But if
Lord Granville approves of giving to each County of Tyrrel & Beriie
Charters for 2. Members, then Halifax and Edgcomb shall have two
each, and when any of his other western Counties come to be divided
which are very large, then the other 2. Members taken from those
Counties may be made up by that County without any cause of com-
plaint by the inhabitants of His Maj ty ' s Southern district. The
giving two Members to Dobbs County separated from Johnston
County will be according to my Instructions, as Johnston County is
entirely in His Majesty's Southern district.
Since I find the Treasurers have a great influence over the Mem-
bers particularly M 1 ' Starkey by paying them their appointments for
attendance each Session, and as he is a declared republican, and is
constantly scheming to lessen the Prerogative, and take the Power
from the Council and giving it to the Assembly and acts not as His
Majesty's Treasurer for his service, but calls himself Treasurer for
the Public not accountable to the Crown, I can't but think it advis-
able that the Bill which made him Treasurer without limitation
should be repealed, and the Treasurer or Treasurers for the time to
come should be made by the Crown during pleasure, and be incapable
of being a member of either House if named by the Assembly, if
that be not thought advisable, it can't be expected that the Treasurers
should pass their accounts and have them properly audited and sent
to Britain pursuant to my instructions, it was not prudent to litigate
any Point with them when unusual Supplies were demanded from
them, but upon an approaching peace, when nothing will be required
COLONIAL RECORDS.
but for their own benefit will be a proper time to insist upon his
Majesty's Prerogative pursuant to my instructions with a new House
of Assembly before Parties are formed in it.
These points I hope you will take into consideration and advise
His Majesty what further instructions to send. We are greatly at a
loss upon account of the Boundary lines not being fixed, no Taxes
can be raised upon Anson County nor the Laws executed there,
Patents are daily granted by both Governments in it, for if 2 people
petition and one gets a warrant, the other goes to the southern Pro-
vince & takes out a warrant there, by which means the bordering
Counties can't be settled ; it will be also necessary that the line be
continued between His Majesty's & Lord Granville's Lands, there are
Patents taken out above 100. miles westward beyond where the line
was run before and we have been obliged to order that no lands for
the future should be surveyed or granted within 5 miles of each side
of an imaginary line (run by a Surveyor under Lord Granville) to
prevent mistakes
I am with great respect, my Lords &c
ARTHUR DOBBS.
Brunswick ,
22 ud January 1759.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 02.]
At the Court at S* James's the 2 nd February 1759
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 Public Peace, Welfare
and good Government of the said Province, which Laws, Statutes and
Ordinances are to be as near as conveniently may be, agreeable to the
Laws and Statutes of this Kingdom, and to be transmitted for his
Majesty's Royal approbation or Disallowance. In pursuance of
which Powers an Act was passed in the said Province in October
1755, and transmitted entituled as follows viz 1 .
"An Act to quiet the Freeholders in the possession of their Lands
and for other purposes."
COLONIAL RECORDS.
Which Act together with a Representation from the Lords Com-
missioners for Trade & Plantations proposing the Repeal thereof,
having been referred to the Consideration of a Committee of the
Lords of His Majesty's most Honble Priv} r Council, for Plantation
Affairs, the said Lords of the Committee did this day report to His
Majesty, as their opinion, that the said Act ought to be repealed.
His Majesty taking the same into consideration, was pleased with
the Advice of His Privy Council to declare his disallowance of the
said Act. And pursuant to his Majesty's Royal pleasure thereupon
•expressed, the said Act is hereby repealed, declared void, and of none
effect. Whereof the Governor or Commander in Chief of His Maj-
esty's Province of North Carolina for the time being and all others
whom it may concern are to take notice, & Govern themselves
accordingly.
A true Copy. W. SHARPE.
[B. P. R. O. Am. & W. Ind : Vol. 77.]
Circular to Governors in North America,
Whitehall, Feb ry 5 th . 1759
Sir,
The King having been. pleased to appoint Rear Admiral Saunders
to be Commander in Chief of all His Majesty's Ships employed or
to be employed, in North America, I am to signify to you, the King's
Pleasure, that you do transmit to Rear Admiral Saunders all Intel-
ligence relative to his Department, in the manner as you was directed
to do by my Letters of the 19 th February and 30 th December 1757,
to the former Commander in Chief of His Majesty's Ships; And it is
also the King's Pleasure, that you do, on any Application from Ad-
miral Saunders or the Commander in Chief of the King's Ships use
all legal Methods to supply him with such a Number of Sailors and
Workmen from your Province as he shall at any time, require for
His Majesty's Service.
I am &c a
COLONIAL RECORDS.
[B. P. R. O. Am. & W. Ind: Vol. 72.]
Sir, [Secretary Pitt]
I had the Honour of writing' to you in answer to yours of the 17 th
of Sept r last the 22 d of December last which the Inclosed is a Du-
plicate of.
This is principally to inclose to you an Address from the Governer
and Council here which we humbly beg you to lay before his Maj-
esty upon the glorious Success of his Arms last Campaign.
The Assembly having been disobliged at the Close of the Session
that the Council wou'd not pass a Bill, which in an extraordinary
Manner incroached upon his Majesty's Prerogative, which I in-
formed them I cou'd not pass according to my Instructions; They
wou'd not join in an Address with the Council, nor send it through
me as the proper Channel, but have taken upon them to nominate
an Agent of their own, whom they call a Provincial Agent, and to
appoint him a Salary without the Approbation of the Governor and
Council, who is to be entirely under a Junto of the Assembly, and
have transmitted their Address by him, which will oblige me in
Council at next Meeting to appoint another Agent to act as provin-
cial Agent under the Direction of the Governm' here.
I heartily congratulate you upon the glorious Successes, the Effects
of the vigorous Measures you have promoted in } r our Administra-
tion, and hope soon to hear of further Trophies in the Prosecution
of our Naval force over the trench Islands and hope by the Blessing
of God, who has taken the Apostoiick Christian Protestant church
under his immediate protection & Government that next Campaign
will expel the French also from this Continent, that we may for the
future be safe from an insatiable cruel Hereditary Enemy, and that
the poor Natives of this Continent may be Civilized and prepared
for Conversion to the Christian faith, and be made Partakers of true
British Liberty, and that you may live to enjoy the Effects of the
vigorous Measures you have so wisely promoted.
I am with the greatest Regard, Sir etc.
ARTHUR DOBBS
Brunswick
G. Feb ry 1759.
10 COLONIAL RECORDS.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 37.]
Letter from M r Wood Secretary to the Comm rs of the Customs, dated
17 th February 1759.
Sir, [John Pownall, Esq™.]
I received your letter of the 24 th ult: transmitting Copy of an Act
passed in the Province of North Carolina in 1755, to restrain the
exportation of bad and unmerchantable tobacco, and for preventing
Frauds in His Majesty s customs. And the Commissioners having
considered the said Act, and advised with their Officers thereupon,
I am directed to acquaint you, for the information of the Lords of
Trade that the Commissioners do not conceive that anything therein
will in any Avise affect or interfere with His Majesty's Revenue or the
Laws and Regulations made for the importation of Tobacco into this
Kingdom. Agreable to your desire I return you the Copy of the
Act inclosed, and am
Sir
Your most humble servant
W m WOOD.
Custom House London
17 th February 1759.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 38. J
Letter from Tho s Lord Bishop of London, dated 19 th February 1759.
My Lords, [of the Board of Trade.]
I have in obedience to your L rs Commands considered the Act of
North Carolina which you are pleased to refer to me.
The two points referred to me to be considered are, how far the
Provisions of this Act may affect and interfere with the Bishops
ecclesiastical Jurisdiction in the Colonies, and Secondly, how they
affect the right of the Crown to the Patronage and Presentation to
ecclesiastical Benefices.
Observations
The Act having made Provisions for constituting a Vestry, and
directed in what manner they shall be elected and qualified, goes
on to ascertaining the powers of the Vestry, and in the first place
COLONIAL RECORDS. 11
gives them a presentation to every Church in the Colony, I no' the
whole right of Patronage is undoubtedly in the Crown, and the
King's Governor in Chief has a right, to exercise that right, in virtue
of the Kings Patent granted to him, But to keep up some appear-
ance of conformity with the Law of England, the Act gives the
King or his Governor, a right to present upon a lapse, if the Vestry
neglects to till up within twelve months after the Vacancy; And the
person who comes in by the Crown, has a right to enjoy the whole
Salary, which in the former part of the Act is settled at fifty pounds
a year, but even this small gratuity bestowed upon the Crown, is
withdrawn again by the following Provision, Provided nevertheless
that in ease the Vestry of any Parish that shall be vacant one year shall
procure some neighbouring or other minister to serve in the cure of such
vacant Parish by performing divine service once in three months, they
shall thereby save to themselves and retain the rigid of Presentation for so
long time as such minister shall so serve in the cure of such vacant Parish.
It is observable that no salary is appointed for the hired Preacher,
who perhaps may. be had at a cheap rate, and below fifty pounds a
year, which would be a temptation to the Vestrymen to take this
method to provide for the Churches. And not contented with having
thus appropriated the Patronage to themselves of all Livings in the
Province (to the manifest injury of the crown) they go on to set up
a new Jurisdiction which is quite inconsistent with the Government
of the Church of England, and excludes any Bishop from examin-
ing or correcting any misbehaviours of the Church ; and takes from
the Crown the right of appeal. And in the next Paragraph it is
enacted, That the 'minister of such respective Parish shall be obliged to
officiate in sucli penis of the Parish, and at such times as the Vestry, or a
majority of them shall direct, And it is observable that tho' one of
the clauses of the Act takes notice of the Bishop of London, and
impowers him to certify that every minister to be elected to serve in
any Parish, hath been duly ordained conformable to the Doctrine and
discipline of the Church of England and is of a good life and conversation.
Yet in the next Clause all authority is taken away from him, and a
new Court is erected to judge and to punish any minister who shall
be guilty of any notoricjus immorality.
After all these Provisions, what becomes of the King's supremacy?
or the Bishop's Jurisdiction It seems to me to be all transferrer! to
the Vestry of the several Parishes; And so far are they from copying
after the Church of England that I rather suspect that they borrowed
the model of their Government from the Presbyterians and Inde-
12 COLONIAL RECORDS.
pendents of New England, who at an Assembly begun May the 28 th
1718. did enact that the Inhabitants of the Towns therein men-
tioned should have, full power to chuse a Committee for the regulation
and management of all affairs relating to the support of the Public Wor-
ship of God And for the chusing all necessary and proper Officers in and
for the said Precinct, Parish or District; and further to have all such
powers and Privileges as by any of the Laws of this Province are given or
annexed to any District or Precinct, any Law, usage or Custom to the
contrary notwithstanding.
I wonder not to see this form of ecclesiastical Government in a
statute from New England, for it is agreable to their principles, but
how it should get into a statute of North Carolina, where Conformity
is so strongly insisted on, that in the very Act, now under your L p ' s
consideration, it is enacted, that eveiy Vestryman chosen, as in the
Act directed, shall make the following declaration.
I. A. B. do declare that I will conform to the Liturgy of the Church
of England as it is by Law established — Which is the very declara-
tion which the Clergy of the Church of England (whose peculiar
business it is to officiate in all parts of the Liturgy) are obliged to
make.
As to the other matter referred to me Viz':
Plow far this act may interfere with the Bishops ecclesiastical
Jurisdiction in the Provinces, I am not so well prepared to answer,
for it will be necessary in the first place, to determine whether the
Bishop has any power, and what, As I had considered that point
at large upon my first coining to the see of London, and had laid
before the King and Council what appeared to me to be most mate-
rial, give me leave to lay before you a Copy of that Address to which
I shall only add a short account of what pass'd upon the Occasion.
Soon after I was made Bishop of London, I went to wait upon
the King, and laid before him the state of religion in the Planta-
tions, & the necessity there was of having a Bishop settled in those
parts; His Majesty heard me very graciously, upon which I asked
him whether I might apply to his ministers, he consented to it, but
I never cou'd have an opportunity of meeting with the ministers,
After frecpient delays, and no hopes of success, I waited upon the
King again, and had his leave to acquaint the Ministers that it was
His Majesty's pleasure they should take this affair into their consid-
eration, this produced a meeting at Newcastle House. The meeting
produced nothing — The last effort I made was by desiring the
King's consent, that I might lay what I had to propose, To His
COLONIAL RECORDS. 13
Majesty in Council, which accordingly was done six or seven years
ago, and I have heard nothing of it since.
It may he asked perhaps, why the present Bishop of London
could not go on with the Jurisdiction abroad, as his Predecessors
had done, ever since the settling of the Colonies.
My answer is, that if the Jurisdiction had come to me upon the
foot of customary usage, as it had done to my Predecessors, till
Bishop Gibson's time, I should have made no difficulty of acting
upon that foot, and I doubt not but those who come after me would
have gone on in the same way, but when Bishop Gibson, for reasons
best' known to himself, applyed for a Patent, and the consideration
thereof was referred to the Attorney and Solicitor General, and they
reported that the Jurisdiction was in the Crown, and that the Bishop
of London had no right to meddle, it was time for me to consider
the danger that attends the invasion of the Prerogative of the
Crown, which could not be avoided but by accepting a Patent of
like form with that which was granted before, which I judged not
proper for me to do, I am, My Lords, &c,
THO s LONDON
Fulham the 19 th Feb: 1759.
[B. P. R. O. North Carolina B. T. Vol. 13. D. 39.]
Letter from Cha s Berry and Tho 3 Child Esq res Chief Justice & Attor-
ney General of North Carolina to the Right Honorable the Lords
Comm rs for Trade & Plantation.
May it please your Lordships,
In obedience to your Lordships Commands, signified to us by M r
Pownall, we have, to the best of our ability duly considered those
Acts of Assembly passed in North Carolina, respecting the Adminis-
tration of Justice, whereof your Lordships were pleased to desire our
opinions, and we humbly beg leave to lay before your Lordships
accordingly, such Observations as have occurred to us thereupon.
With respect to the Act passed in 1754, entitled An Act for estab-
lishing the Supreme Courts of Justice &c, we are of opinion that it is
a very exceptionable Act, whether it be considered relatively to the
Prerogative of the Crown, or the expedition of Justice and the ease
14 COLONIAL RECORDS.
of suitors. In the former View, it is to be noticed that this Act of
Assembly creates the offices of Associate Judges, leaving only to His
Majesty's Governor the form of naming and commissioning them ;
and delegates to such Associates, in case of the disability or absence
of the Chief Justice, the whole right of exercising Judicature, which
we humbly apprehend can be only, in the first instance, solely del-
egated by the Crown, and by extending the circuit to an impracticable
journey of above 1900 miles a year, they have taken care to throw
upon the Chief Justice that disability of attendance, for half that
Circuit at the least, by this means, the whole exercise of Judicature
must necessarily devolve upon such Associate Judges in those places ;
Which Officers having no adequate sallaries or other competent
profits annexed to them, will fall to the lot of Persons unlearned in
the Laws, whereon all judicial determinations ought to be grounded.
In the latter View, as Issues and other points of law as well as mat-
ters of fact, arising within the District. severally appropriated to each
Supreme Court, are determinable at such respective Court, which
Courts are distant from one to two and near three hundred miles
from each other, and some of 'em held in desart Places ; the Chief
Justice will be deprived of any recourse, at those times, to books, in
order for considering the cases cited on both sides and enabling
himself to make a right decision according to law: And in such
Cases should he defer giving judgment till the next Court, for the
sake of consulting the authorities, it will retard the execution of
Justice by the space of six months at least ; and this will not only
augment expenses, and double the attendance of Parties, but may
oftentimes occasion to Plaintiffs the loss of their demands, by the
death or flight of Defendants in the Interim. And when such points
of law shall fall to the determination of the Associate Judges, from
whom no writ of error is provided, the consequent uncertainty and
inconvenience might be still greater.
With respect to the Act passed the same year, entitled an Act for
establishing County Courts, and for enlarging their Jurisdiction &c,
We have two objections to it; which, in our opinion, are very mate-
rial ones, since they tend to prove that the Act is not warranted by
any Principles of Law, or Precedent. It is well known that those
who generally act as Justices in the County Courts, are unlettered
persons & chiefly guided by some popular Lawyer in the neighbor-
hood ; the enlarging the Jurisdiction of such Courts, so constituted,
to forty pounds, as it will comprehend the greatest part of the causes
arising in the ooumtry, must be very improper: And since their
COLONIAL RECORDS. 15
determinations seldom prove satisfactory, but writs of error from
them are continually bringing to the Supreme Courts; suits, expenses
and delays must be consequently multiplied, serving to no other end
than the emolument of Lawyers. Here the Jurisdiction of the
County Courts is limited to causes under forty shillings ; which being
generally matters of fact, and seldom complicated with any intricate
circumstances, are easily determined, without much mischief to the
parties at the worst. But, what is much more extraordinary and
mischievous, These County Courts are by this Act empowered to
take cognizance of, and to hear and determine all Filial portions,
Legacies and the distribution of Intestates Estates, for any sum or
sums whatsoever a Jurisdiction, which, here, belongs only to the
Chancery, and there, ought least of all to be trusted to Courts, the
most inferior and worst circumstanced of any in the Province. Nor
can we pass by a remarkable absurdity, which attends it; namely
that in common contracts their Jurisdiction is limited to forty
pounds, but in more delicate and difficult matters such as the con-
struction of Wills and of the Acts relating to Intestates Estates, it is
without any limitation at all.
With respect to the Act entitled, An Act to provide indifferent
Jurymen in all Causes, &c. and also to that entitled, An Act to amend
an Act for establishing the Supreme Courts of Justice &c. passed in
1756, there do not occur to us any material objections, wherewith to
trouble your Lordships ; but, appearing to be made for the purposes
of explaining & facilitating the execution of the Supreme Court Act
aforementioned they may in our bumble opinion not improperly
attend the fate of that Act, a.s simple dependants upon it.
We have the honor to subscribe ourselves, &c,
CHARLES BERRY: Chief Justice ) of North
THO s CHILD— Attorney General J Carolina
Sackville Street
24 th February 1759
[B. P. R. O. North Carolina B. T. Vol. 13. D. 63.]
At the Court at S' James's the 3 rd March 1759.
Present The Kings most Excellent Majesty in Council.
Whereas by Commission under the Great Seal of Great Britain,
the Governor, Council and Assembly of His Majesty's Province of
16 COLONIAL RECORDS.
North Carolina, are authorized & empowered to make constitute and
ordain Laws, Statutes and Ordinances for the Public Peace, Welfare
and good Government of the said Province, which Laws, Statutes &
Ordinances are to be, as near as convenient 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 an Act was passed in the said Province in January 1755, &
transmitted entitled as follows viz'
" An Act for appointing Parishes & Vestries for the Encourage-
ment of an Orthodox Clergy, for the advancement of the Protest-
ant Religion, and for the Direction of the Settlement of the Parish
Accounts."
Which Act together with a Representation from the Lords Commis-
sioners for Trade and Plantations proposing the Repeal thereof,
having been referred to the Consideration of a Committee of the
Lords of His Majesty's most Honourable Privy Council for Planta-
tion Affairs, the said Lords of the Committee did this day report to
His Majesty as their Opinion that the said Act ought to be repealed.
His Majesty taking the same into Consideration was pleased with
the advice of His Privy Council, to declare his disallowance of the
said Act, and pursuant to His Majesty's Royal pleasure thereupon
expressed, the said Act is hereby repealed, declared void, & of none
effect. Whereof the Governor or Commander in Chief of His Ma-
jesty's said Province of North Carolina for the time being, and all
others whom it may concern are to take notice and govern them-
selves accordingly.
A true Copy W. SHARPE.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 40.]
To the right Hon ble the Lords Commissioners For Trade and Plan-
tations
The Petition of Merchants in London who trade to North Caro-
lina and of Gentlemen and Merchants in and from that Colony.
Humbly Sheweth
That there is now in force in North Carolina, two different Acts
of Assembly passed Anno 1748. and 1754 for the Emission of Paper
Currency, in which it is expressly mentioned, that the Paper Cur-
rency made by virtue of those Acts, shall be a lawful Tender, in all
COLONIAL RECORDS. 17
payments, whatsoever, at the rate of Proclamation money, that is at
the rate of four shillings paper Currency, for three shillings sterling.
The plain meaning thereof is, that £138.6. S. paper Currency,
shall be a good Tender in Law in payment of a real debt of a £100.
sterling: when in fact £133.6.8. paper Currency, will not purchase
more than £70. sterling.
This is such a breach of Public Faith, so contrary to Justice and
equity, that it totally destroys the credit of that Province, no person
can trust any property, where such Laws are subsisting, and is evi-
dently contrary to the real interests of the people in that Colony, as
well as highly prejudicial to the interests of those in Britain con-
cerned with or for them.
We therefore humbly pray your Lordships Interposition to repre-
sent the same to his Majesty, that He will be graciously pleased to
order an instruction to be sent to the Governour, to use his endeav-
ours, with the Assembly to procure an amendment to these Acts, to
the purpose that all debts due or that hereafter may be due to the
Merchants in Britain, and elsewhere, upon all contracts, shall as
well as the debts due to the Crown be paid Ad Valorem. And that
for the future the Governor shall pass no Act of Assembly, without
a clause to the above purpose expressly inserted. And as in Duty
bound your Petitioners shall ever pray —
RICHARD OSWALD & C° ANTHO BACON
JAMES BUCHANAN & CO CULLEN POLLOCK
ALENANDER MACINTOSH GEORGE POLLOCK
JAMES JOHNSON BRIDGEN & WALLER
GEORGE UDNY WIGHT & GRAHAM
FRAN. MANNOCK
J n ° GREENLEES & CO.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Sir [Secretary Pitt]
1 take the Opportunity of my Son's going to his command at
Gibraltar in the English Fusileers to inclose to You a Duplicate of
my former Letter of February and of the Address of the Council of
this Province to His Majesty least tbe former should miscarry.
I detained my Son from his Post as I thought it for His Majesty's
Service to employ him in the Provincial Service here, as we had no
Officers here who cou'd be depended upon to discipline the Troops,
Vol. VI— 2
18 COLONIAL RECORDS.
where he served 2 Campaigns the first under General Braddock
where he had the Command of 2 Companies, and the other in New
York as Major over three Companies, where being seized with a
confirmed Rheumatism he was prevented from serving in the fol-
lowing Campaign.
I beg leave to introduce him to you for Your Countenance in Case
he should have Occasion to apply to you in your Department either
on his own Aeco* or upon any Applications to be made to you from
this Province, in which His Majesty's Service or the Good of this
Colony may be promoted, and hope you will continue Your Good-
ness to this Province in procuring us the Dividend of the £50000
voted for the Service of the Southern Provinces of this Continent,
and to reimburse us in part for our further Expence upon your last
Letter.
I heartily congratulate you upon the Continuation of Our glorious
Success in the French Islands, and hope by the Assistance of Divine
Providence that the settled peace and Security of these Colonies, and
of the Protestant Interest and Liberties of Britain and Europe, will
be confirmed, by the vigorous Measures you have instilled and
prosecuted" in your Administration in your Southern Department
Another vigorous Campaign may enable His Majesty and the King
of Prussia to insist upon the Restoration of the Edict of Nantes, as
well as other advantages to the Protestants in Germany and Hun-
gary, for which You have my most fervent Prayers.
I am with great Respect Sir &c
ARTHUR DOBBS.
Brunswick
19. March 1759.
[From MSS. Records in Office of Secretary of State.]
(Extracted from the Registry of the Prerogative Court of Canterbury.)
In the Name of God Amen, I George Burrington of the Parish of
St Martin Ludgate in the City of London, Esq. do make this my last
will and Testament in manner and form following — (That is to say)
I give devise and bequeath unto George Burrington (who lives with-
me and is of the age of about twelve years) and to his Heirs for ever
all my free hold Land Messuages and Tenements with all and sin-
gular the appurts thereunto belonging, which are situate lying and
COLONIAL RECORDS. 19
being in North Carolina in America, and all other the Real Estate I
have in the World, and I also give and bequeath to the said George
Burrington all my negroes, stocks of cattle, goods and other Per-
sonal Estate which I now have or at the time of my death shall be
entitled unto either in America England or else where, But in Case
the said George Burrington shall happen to dye before he arrives to
the age of Twenty-one years without Issue of his Body Lawfully
begotten or shall dye after his attaining his age of twenty-one years
without having Issue of his Body lawfully begotten, or having made
a legal Disposition of the afore said Premises, Then and in such
Case, my mind and will is That all my aforesaid Real and Personal
Estates, shall go to and be divided between Paul Whitehead of the
Parish of St Martin, aforesaid Gentleman, William Goostrey' the
younger of the Parish of Saint James Westminster, second son of
William [Goostrey the Elder my Executor hereafter named and to
their Heirs for ever to take as Tenants in Common and not as joint
Tenants. And I do hereby Nominate Constitute and appoint Wil-
liam Goostrey the Elder of the Parish of St Martin aforesaid sole
Executor to this my last Will and Testament and Guardian of the
said George Burrington during his Minority and in Case of the death
of the said William Goostrey the Elder, I appoint the said Paul
Whitehead and William Goostrey the younger Guardians of the said
George Burrington hereby revoking all former and other Wills by
me heretofore made, In Witness whereof I have hereunto set my
hand and Seal this Eighth day of December in the year of our Lord
One thousand Seven hundred and fifty.
GEO: BURRINGTON
Signed, Sealed, Published and declared in
presence of us who in presence of the Tes-
tator and in presence of each other have at
the request of the said Testator subscribed
our names as Witnesses
W m Norbekt,
Alex Collell,
Daxiel Hopkixs.
[Endorsement]
On the 23 rd day of March 1759 administration (with the will
annexed) of the Goods, Chatties and Credits of George Burrington
late of the Parish of St John the Evangelist Westminster in the
County of Middlesex Esq r deceased was granted to Paul Whitehead
20 COLONIAL RECORDS.
Esq r one of the Testamentary Guardians appointed in the said will
for the use and benefits of George Burrington a Minor the Universal
Legatee named in the said Will and until he shall attain the age of
twenty-one years William Goostrey the Elder the Sole Executor
named in the said Will dying in the life time of the Testator having
been first sworn duly to administer
March 1759
DEPUTY REGISTER.
W m LEGARD
PET: ST ELVY
KIN. STEVENS
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 41.]
Report of the Chief Justice & Attorney General of North Carolina
on two Arts.
May it please your Lordships, [of the Board of Trade]
In obedience to your Lordships Commands We have considered
with due attention two Laws passed in North Carolina in 1755, the
one Intitled, "An Act for appointing Sheriffs & directing their duty
in Office &c." the other Intitled "An Act for regulating Orphans,
their Guardians and Estates " And we humbly, report to your Lord-
ships as our opinion that as the former relates chiefly to the econom-
ical concerns of the Country namely the collecting of the Provincial
Taxes, and no flagrant objections appearing upon the face of it, that
relate to the execution of Justice, it may not be improper to let it
operate for some time probationarily.
With respect to the latter, the Jurisdiction that is thereby given to
the County Courts, in Cases which are the peculiar objects of equity
is not warranted by any similar practice or law in this country; and
therefore this Act ought in our humble opinion to be repealed.
We are with all humble duty & devotion &c
CHARLES BERRY Chief Justice ) , AT n ,.
Vof N. Carolina.
THO 8 CHILD. Attorney General J
COLONIAL RECORDS. * 21
[From MSS. Records in Office of Secretary of State.]
Know all men by these Presents, That I John Earle Granville,
Viscount Carteret and Baron Carteret of Hawnes in the County of
Bedford in the Kingdom of Great Britain Lord President of his
Majestys most Honorable Privy Council and Knight of the most
noble order of the Garter Sole Lord or Proprietor of a Certain District
Territory or Parcell of Land Situate lying and being in the Province
of North Carolina in America. Having full Trust and Confidence
in the Integrity and Ability of Thomas Child of the Parish of Saint
James Westminster Esquire. Do by these Presents make, constitute
and appoint during my Pleasure him the said Thomas Child Auditor
of my District in the said Province of North Carolina and of my
Revenues arising within the Same and also of the Receipts, Dis-
bursements, charges and Proceedings of my Agents and of the
Receivers or Collectors of my said Revenues and of the amounts and
Proceedings of all other officers and Persons whatsoever appertaining
or relating to my office at Edenton or to mv Estate or Interest with
said Province, With full Power and Authority to the said Thomas
Child from time to time to audit their said accounts & proceedings.
And for the aforesaid Purposes from time to time to oblige all and
Singular such Officers and Persons on Pain of being immediately
removed or Suspended from their respective Offices by the said
Thomas Child to transmit or produce to him every half year at least
or oftener on Demand fair Accounts of their respective Receipts,
disbursements, Charges and Proceedings in order to their being
Audited by him as afs'd.
And further with full Power and Authority to him the said Thomas
Child to do and exercise all other Acts and Powers what so ever
which may lie requisite ami necessary whether by Process in Law or
Equity or by the aforementioned means of removal or Suspension
for effecting the said Purposes or enforcing a due and constant
Execution of my orders and Instructions relating to the transaction
of my said affairs, he the said Thomas Child making due Reports To
me of his Proceedings in Virtue of these Presents — And Lastly I do
here by will and order that the above Written appointment shall be
and continue (always subject however to my Revocations) in full
Force and Virtue whether the said Thomas Child shall from hence-
forth happen to reside with said ProAunce of North Carolina or in
22 COLONIAL RECORDS.
"Westminster afores 3 . Of which all such Officers and other Persons
whom it may concern are to take due notice —
In witness whereof I the said John Earl Granville have here unto
set my hand and Seal of Arms this tenth Day of April One Thousand
Seven hundred and fifty Nine.
GRANVILLE (Seal)
Sealed and Delivered (being first duly 1
stampt) in the presence of J
W m Lucas,
RlCH d VlGEES —
[B. P. R. O. North Carolina. B. T. Vol. 23. p. 291.]
To the King's most Excellent Majesty
(April 10 th 1750
May it please your Majesty,
We have had under our consideration a Petition presented to Us
by several Merchants in London who trade to your Majesty's Prov-
ince of North Carolina, in behalf of themselves and of several Gen-
tlemen and Merchants in and from that Province setting forth the
great injury which arises to the trading interest of tbis Kingdom
and of the said Province in general and to themselves in particular'
from two Acts passed there the one in 1748 entituled,
An Act for granting unto His Majesty the sum of Twenty one
thousand three hundred and fifty pounds Proclamation money and
for stamping and emitting the said sum of twenty one thousand
three hundred and fifty pounds publick bills of Credit of this Pro-
vince at the rate of Proclamation money, to be applied towards
building Fortifications in this Province payment, of the Publick
Debts exchanging the present Bills of Credit and for making proper
Provision for defraying the contingent Charges of the Govern-
ment etc.
The other passed in 1754 and entituled,
An Act for granting to his Majesty the sum of Forty thousand
Pounds in publick bills of Credit at the rate of Proclamation
money, to be applied towards defrajung the expence of raising and
subsisting the Forces for his Majesty's service in this Province to be
sent to the Assistance of his Majesty's Colony of Virginia and for
other purposes therein mentioned.
COLONIAL RECORDS. 23
And having been attended by several of the said Merchants and
Gentlemen and heard what they had to offer against the said Acts,
We beg leave humbly to represent to your Majesty,
That in each of these Acts there is a clause declaring that the
Bills of credit thereb}^ to be emitted shall be a lawfuil Tender in all
payments whatsoever as Proclamation money or as sterling Money
at the proper difference there is between Proclamation and sterling,
that is to say at four shillings Proclamation money for three shillings
sterling.
Upon this Clause the Petitioners observe that the plain meaning
and constant Effect of it is that One hundred thirty three Pounds
six shillings and Eight pence Paper currency shall be a good and
lawfuil Tender in payment of a real debt of One hundred Pounds
sterling, although in fact One hundred thirty three pounds six
shillings and eight pence paper currency will not purchase more
than Seventy Pounds Sterling, a Provision which they conceive to
be a notorious Breach of publick faith, contrary to Justice and
equity and no less inconsistent with the Interest of the Inhabitants
of North Carolina than it is prejudicial to the Interested of those
in Great Britain who have any commercial Dealings with them in
as much as it operates to the total Destruction of the Trade and
Credit of the Province, since no man can trust any Property in a
Country where such Laws are subsisting.
From these Allegations it appears to Us that the Evils arising from
these two Acts are such in their nature and extent as call for the
most speedy and effectual Remedy, and to that end we should humbly
propose to your Majesty the immediate Repeal of them, did we not
consider the infinite confusion which must arise in the Province
from the repeal of Acts of this Nature which have been so long since
carried into execution and continued in force for so many years par-
ticularly the first of them and under which such a variety of Dealings
must have been transacted, the Petitioners sensible that such would
be the consequence have not requested this species of Redress but
conceive that the remedy lately applied in a case of the like Nature
in the Colony of Virginia, may be effectual and the most expedient
on the present Occasion We therefore humbly offer it as Our Opinion
that an Instruction of the like Nature with that which your Majesty
was pleased in February last to give to your Governor of Virginia be
forthwith sent to the Governor of North Carolina, authorizing and
directing him earnestly to recommend it in Your Majesty's Name to
the Council and Assembly of that Province to pass an Act for amend-
24 COLONIAL RECORDS.
ing the two Acts above mentioned and thereby to provide that all Debts
and contracts already due or hereafter to be. contracted between your
Majesty's British subjects and the Inhabitants of North Carolina be
made payable in the said Bills of Credit, if the Creditor be willing
to accept the same and not otherwise, not according to their nominal
value as declared by the said two Acts but according to the real
Difference in value between such Paper Bills and Sterling Money at
the time of discharging such Debts, ami further that the said Gover-
nor be forbidden to give his Assent to any future Act for emitting
Bills of Credit upon any Occasion whatever, unless he take Care that
a Clause to the effect above stated be expressly inserted in such Act.
And it appears to Us, that your Majesty's Quit rents and every
other branch of Revenue arising within the Province of North Caro-
lina are by the said two Acts made payable in the same Paper
Currency and at the same rate as any other Debt whatever, whereby
the said Revenue must be greatly prejudiced, We would further
propose that the Governor of the said Province be also directed by
the said Instruction, to take especial Care that in the Act to be passed
for the Amendment of the two Acts in question and also in every
Act which may hereafter be passed for issuing Bills of Credit, a
clause be inserted, declaring that the Paper Currency already issued
.or to be issued shall not be a Legal Tender in Payment of Quit-
rents or of any Debt of what Nature soever due or to become due to
your Majesty.
Which is most humbly submitted
DUNK. HALIFAX
J. PELHAM
SOAME. JENYNS
Whitehall RICH 1 ' RIGBY
April 10 th 1750.
[B. P. R. O. Am. & W. Ind : Vol. 72.]
Sir [Secretary Pitt]
I Had not the Hon r of y™ of the !> tb of December before the 9 th
Instant, wherein you communicate his Majesty's Resolution of pros-
ecuting the War in America with the greatest vigour, and his orders
to this and all the other Colonies to exert their whole Force upon
this critical Emergency.
COLONIAL RECORDS. 25
I have immediately upon it summon'd the Council to meet me at
Wilmington on friday next the 13 th , to consider of the shortest Day
and most convinient place to Convene the Assembly to lose no time,
which I shall do by Expresses. — I am greatly concerned that the
orders were so long in coining, But 1 shall with the utmost Zeal press
the Assembly to exert tbeirutmost Force'; They cant possibly assem-
ble before the beginning of May and it will take time to raise and
compleat any additional Troops winch can be of no service North-
ward where the Campaign must be early. — But as Fort Du Quesne
is ours a small force from the adjoining Provinces may take the
detached Forts upon the Lakes — But if any attack is made at Mobile
on the Mississippi from Georgia we may have them ready to join the
South Carolinians where a late Campaign will answer to the South-
ward.
We have not any arms for our Troops there are not 200 left but
what have been left by deserters or have been distributed to arm the
Militia on the Sea Coast and northwestern Frontier.
I pray Cod to grant success to the vigourous measures you have
inspired, and depend upon the Divine Assistance in support of the
Protestant Christian Church and cause of Liberty; which I am
enthusiast enough to believe will in this and next year be made
manifest by a glorious peace and the Papist Interest and Hierarchy
will be greatly depressed.
I wish you all happiness in your Administration and am with
great Respect
S' r yr most &c
Brunswick ARTHUR DOBBS.
Ap. 11 th 1750.
[B. P. R. O. Nurth Carolina. B. T. Vol. 22. p. 299.]
To the' King's most Excellent Majesty April 12 th 175!)
May it please your Majesty,
We have bad under our consideration five Acts passed in Your
Majesty's Province of North Carolina in 1755 and 1750 for establish-
ing the Jurisdiction of the several Courts and settling the Adminis-
tration of Justice throughout the said Province, And as several
Provisions in these Acts appeared to Us to be new and unprecedented,
We thought it our duty in a matter of so much importance to the
26 COLONIAL RECORDS.
good Government of yonr Majesty's said Province, not only to take
as usual the Opinion of Sir Mathew Lamb, one of your Majesty's
Council, in point of Law upon them but also to refer them to the
consideration of the Chief Justice and Attorney General of North
Carolina, now resident here who from their Knowledge of the Laws
in general and of the former constitution of the Courts of Judicature
and Mode of Administering Justice in the said Province, appeared to
us to be competent Judges how far the said Acts are necessary,
expidient or proper, And having accordingly received the Report of
the said Chief Justice and Attorney General, we beg leave humbly to
lay the said Acts before your Majesty with such Observations as
they have made upon each of them.
An Act for establishing the Supreme Courts of Justice, Oyer and
Terminer and General Goal delivery of North Carolina.
This Act your Majesty's said Chief Justice and Attorney General
conceive to be very exceptionable, whether it be considered relatively
to your Majesty's Prerogative, or to the Expedition of Justice and
the Ease of suitors, In the former view they observe that this Act
creates the Offices of Associate Judges leaving only to your Majesty's
Governor the Form of naming and commissioning them, and dele-
gates to such Associates in case of Disability or Absence of the Chief
Justice, the whole right of exercising Judicature which they appre-
hend can only be delegated in the first instance by your Majesty
That by extending the Circuit to an impracticable Journey of One
thousand Nine hundred miles a year that disability of attendance at
least for half the Circuit is thrown upon the Chief Justice and thus
the whole exercise of Judicature must necessarily devolve upon such
Associate Judges in those place, which Offices having no adequate
salaries or other competent Profits annexed to them will fall to the
lot of Persons unlearned in the Laws on which all Judicial Deter-
minations ought to be founded. With respect to the latter View,
they take notice that as Issues and other Points of law as well as
matters of Fact, arising within the district severally appropriated to
each supreme Court are determinable at such respective Court and
as those Courts are distant from one to two and near three hundred
miles from each other and some of them held in desart places the
Chief Justice will be deprived of any recourse at those times to Books
in order to consider the Cases cited on both sides and thereby enable
himself to make a right decision according to law, and should he in
such cases deferr giving Judgment till the next Court for the sake of
consulting the Authorities, it will retard the Execution of Justice by
COLONIAL RECORDS. 27
the space of six Months at least which will not only augment
Expence and double the attendance of Parties but may oftentimes
occasion to Plaintiffs the loss of their Demands by the Death or
Flight of Defendants in the interim and where such Points of Law
shall fall to the Determination of the Associate Judges from whom
no Writ of Error is provided, the consequent uncertainty and incon-
venience must be still greater.
An Act for establishing County Courts, for enlarging their Juris-
diction and settling the Proceedings therein passed in January
1755.
To this Act the Chief Justice and Attorney General of North
Carolina have stated two Objections which they conceive to be mate-
rial since they tend to prove that the Act is not warranted by any
Principle of Law or Precedent, they observe that it is well known
that those who generally Act as Justices in the County Courts are
unlettered Persons and chiefly guided by some popular Lawyer in
the neighbourhood And therefore to enlarge the Jurisdiction of
Courts so constituted to Forty Pounds as it will comprehend the
greatest part of the Causes arising in the Country must be very im-
proper, and as the determinations of those Courts seldom prove sat-
isfactory but writs of error are continually brought from them to
the supreme Courts suits, expences, and delays must consequently
be multiplied serving to no other end than the emolument of
Lawyers.
Their second Objection to this Act is, that in this Kingdom the
Jurisdiction of County Courts is limited to causes under forty shil-
lings, which being generally matters of Fact and seldom compli-
cated with any intricate circumstances are easily determined, with-
out much mischief to the Parties at worst, but by this Act the
County Courts are empowered to take cognizance of and to hear and
determine all Filial Portions, legacies and the Distribution of Intes-
tates Estates, for any Sum or Sums whatever, a jurisdiction which
in this Kingdom belongs only to the Chancery and which in their
Opinion may least of all be trusted to Courts the most inferior and
worst circumstanced of any in the Province And in this most
extraordinary and mischievous Provision they justly observe a
remarkable absurdity namely that in common contracts the Juris-
diction of the County Coui'ts is limited to Forty Pounds, but in
more delicate and difficult matters such as the construction of Wills
and of the Acts relating to Intestates Estates, it is without any lim-
itation at all.
28 COLONIAL RECORDS.
An Act to provide indifferent Jurymen in all causes criminal and
civil and for an allowance for the Attendance of Jurors attending
at the Courts passed in January 1755:
An Act to amend an Act for establishing the supreme Courts of
Justice, Oyer and Terminer and General Coal Delivery of North
Carolina, passed in Oct r 1750.
These two Acts in the Opinion of the said Chief Justice and At-
torney General are not liable to any material Objections but appear-
ing to be passed for the purposes of explaining or facilitating the
Execution of the first mentioned Act, relative to the supreme Court,
may properly attend the Fate of that Act as simple dependents
upon it.
An Act for regulating Orphans, their Guardians et Estates.
Upon this Act the said Chief Justice and Attorney General have
reported that the Jurisdiction which is thereby given to the County
Courts in cases which are the Peculiar Objects of Equity, is not war-
ranted by any Law or similar Practice in this Kingdom and there-
fore the Act appears to them unfit to receive your Majesty's Appro-
bation.
Upon the whole we are humbly of Opinion for the several Reasons
above stated that the said five Acts should receive your Majesty's
Royal disallowance.
Which is most humbly submitted.
DUNK. HALIFAX
J. PELHAM
ANDREW. STONE
RICHARD. RIGBY
Whitehall
April 12 1759.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 64.]
At the Court at S* James's 14 th April 1759.
Present the Kings most Excellent Majesty in Council
Whereas by Commission under the Great Seal of Great Britain,
the;,Governor, Council and Assembly of His Majesty's Province of
North Carolina, are authorized and empowered to make constitute
and ordain Laws Statutes and Ordinances for the Public Peace, Wel-
fare and good Government of the said Province, which Laws Statutes
and Ordinances are to be as near as cenveniently may be, agreable
COLONIAL RECORDS. 29
to the Laws and Statutes of this Kingdom and to be transmitted for
His Majesty's Royal approbation or Disallowance. And whereas in
pursuance of the said Powers Five Acts were passed in the said
Province in the Years 1755 and 1756, and transmitted entituled as
as follows, viz*
"An Acf for Establishing the Supreme Courts of Justice, Oyer and
Terminer and general Goal Delivery of North Carolina.
" An Act for Establishing County Courts for enlarging their Juris-
diction and settling their Proceedings therein.
"An Act to provide indifferent Jurymen in all Causes Criminal
and Civil, and for an Allowance for the attendance of Jurors attend-
ing the Supreme Courts.
" An Act to amend an Act for Establishing the Supreme Courts of
Justice Oyer and Terminer and General Goal Delivery of North
Carolina.
" An Act for regulating Orphans, their Guardians and Estates."
Which Acts having been perused and considered by the Lords
Commissioners for Trade and Plantations, and by them presented to
His Majesty at this Board as proper to be repealed,
His Majesty was thereupon this day 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 said
Province of North Carolina, for the time being, and all others whom
it may concern are to take notice and govern themselves accord-
ingly.
A true copy. W. SHARPE.
[From MSS. Records in Office of Secretary of State.]
To All Whom these Presents shall come —
I John Earl Granville, Viscount Carteret and Baron Carteret of
Hawnes in the County of Bedford in the Kingdom of Great Britain,
Lord President of his Majesty's most Honorable Privy Council and
Knight of the most Noble order of the Gaiter, Sole Lord or Proprie-
tor of a certain District, Territory or Parcell of Land lying in the
Province of North Carolina in America. Send Greeting —
30 COLONIAL RECORDS.
Whereas in and by a certain Instrument in writing called a Letter
of Attorney under my hand and Seal of Arms hearing Date the
first of September 1756 duly proved before the Right Honorable the
Lord Mayor of London and afterwards inrolled in the Secretary's
office in the Province of North Carolina aforesaid, I did make, con-
stitute and appoint Francis Corbin and Joshua Bodley tny Agents,
Commissioners and Attorneys — Jointly or Severally in Cases therein
mentioned To Execute all and every the Powers and authorities
therein Specified and referred to under such Regulations and Direc-
tions as I then had given or from time to time should judge proper
to give for that purpose. Thereby granting to them the said Francis
Corbin and Joshua Bodley respectively the Annual Salaries, Profits
and Perquisites granted to my Agents for the time being in and by
a certain Letter of Attorney and Set of Instructions therein men-
tioned and recited in lieu of all other Demands whatsoever as in
and by the said Several Letters of Attorney will more fully appear.
Now Know Ye, That I the said John Earl Granville for Divers Good
Causes and Considerations me hereunto specially moving, Do by
these Presents Revoke, Countermand and make void all and so
much of the said first mentioned Letter of Attorney and of all for-
mer or Subsequent Letters of Attorney by me hereunto made as
relates to the said Francis Corbin and to the granting or Disposing
of the Lands situate within my said District and all Powers, Au-
thority's Privileges, Salaries, Profits and Perquisites therein granted
and given to him by the same or by any other means whatsoever
And further, Know Ye, That I the said John Earl Granville having
full Trust and Confidence in the Integrity and Ability of Thomas
Child Esq r his Majesty's Attorney General of North Carolina whom
I have lately appointed Auditor of my said District and now send
over in order to settle and adjust the affairs relating to my Estate
and Interest in the said Province, Do by these presents make con-
stitute and appoint him the said Thomas Child during my Pleasure
and his Residence in North Carolina my Special Commissioner,
Agent and Attorney for me, and in my Name to treat contract and
agree with any Person or Persons for the Granting or Disposing of
in fee in parts or Parcells so much of my said District Territory or
Parcell of Land situate in the said Province upon such Terms or
Conditions and under such Covenants and Provisoes and at such
Rent or Rents (not under or less than three Shillings Ster Money
Yearly for every hundred acres) as he the said Thos. Child shall
think meet observing nevertheless such orders Regulations and Di-
COLONIAL RECORDS. 31
rections as are comprized and set forth in Numeros. 2. 3. 4. 5. 6. 7.
of a Set of General Instructions contained in five sheet of Stamp't
Paper, Severally Signed and sealed by me bearing Date the 16 th
January 1752 and Lodged among the Records of my Land Office at
Edinton in the said Province. And also under such further or other
Instructions as I may at any time hereafter Judge proper to give
concerning the Premises with full Power to the said Thomas Child
from time to time as there shall be occasion for me and in my Name.
And as my Act and Deed to sign Seal and Deliver such Grants or
other Instruments 'as for the confirmation of such contracts or agree-
ments shall be requisite according to the Lawful actions that have
been used in the said Province for that Purpose, Such Grantee or
Grantees executing counterparts thereof, and on the same being
returned into the office, Pie the said Joshua Bodley or any other
Agent for the Time being residing (shall make) abstracts thereof in
the office Books and certifying the Day of his making the same by
Indorsement on such counterparts to that Effect, And Lastly
I do hereby make constitute and appoint him the said Thomas
Child during my Pleasure and his Residence in the said Province
either jointly with my other agent for the Time being or separately
by himself or such sufficient Deputy as he may think proper to
appoint for this Purpose during his said Residence there my true
and Lawful Attorney for me and in my Name to ask, demand sue
for recover and on my behalf to receive take Possession of hold or
retain by any lawful ways, means manner and Process of Law what-
soever all and Singular my annual Quit Rents Escheats, Fines, For-
feitures Revenues Dues Duties and other issues and Profits arising
out of my said District or accruing to me in Right of my Propriety
therein and also all Records Books Instructions, Original Letters
and Papers to-gether with my Seal and Cypher and all other things
of what nature or kind soever in the said Province belonging to me
or relating or appertaining to my Estate Interest of concei'ns therein
and on Receipt or other necessary agreement and composition for
the same, Acquittances for me and on my behalf to make seal and
Deliver and to do all other Acts or Things whatsoever consistent
with my Interest and the Interest of such orders Instructions and
Directions as I have given to the said Thomas Child or shall at any
time hereafter think fit to give for those Purposes as fully in every
respect as I myself might or could do if I were personally Present,
Hereby granting to the said Thomas Child or such sufficient Deputy
as may be appointed by him as aforesaid Ten °§ cent on all moneys
32 COLONIAL RECORDS.
that shall be received on the accounts before mentioned in lieu of
the Commissions to that amount which were granted to my Agents
by the 22 Article of my General Instructions dated the 16 th January
1752 and which I now order to be discontinued in future — and
hereby also Ratifying confirming and allowing all — and what-
soever my said Commissioner Agent & Attorney jointly or Sep-
arately as aforesaid shall in my name so lawfully do or cause to
be done in and about the Premises on my Behalf by Virtue of these
Presents — And I do hereby allow the said Thomas Child, as soon as
he shall have settled and adjusted to the Utmost of his Power my
said affairs in such manner as may answer the Purpose of my send-
ing him thither to return to me with a full State thereof appointing
in the Interim some fit Person to Transact my affairs in his absence
and stead until my Pleasure shall be further signified thereon. In
Witness whereof I the said John Earl Granville have hereunto set
my hand and Seal of Arms. This twenty fifth Day of April One
Thousand seven hundred and fifty nine.
GRANVILLE (Seal)
Sealed and Delivered in the Presence of
W m Lucas—
Rich 1 ' Vigers—
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 53 & 57.]
Letter from Governor Dobbs to the Board of Trade dated the 18 th of
May 1759.
My Lords, [of the Board of Trade]
Having summoned the Assembly upon the shortest notice to meet
me here the 8 th inst, in order to raise Men for his Majesty's Service
pursuant to his Orders, they met here and are now prorogued without
passing an Aid Bill, unless the Governor and Council should give
up his Majesty's Prerogative and the Rights of the Upper House to
a Junto of the Assembly the Speaker, his two nephews and Repub-
lican Treasurer Starkey his creature, as you will find by the Copy of
the Bill laid aside in Council which I send you, they having altered
the Bill by striking out the Foreign Clauses tacked to it, They have
only passed two small Bills, one for a Lottery for finishing the
Churches of Wilmington and Brunswick, which I consented to as
the like Bills are always passed in the Northern Provinces, and we
COLONIAL RECORDS. 33
can't get Vestries here that will lay on any Taxes to build Churches,
the other a County Bill, both which I send your Lords'". If you
approve of what I have done for preserving His Majesty's Preroga-
tive, and the Rights of the Council you will find it absolutely neces-
sary that I should dissolve the Assembly, since the Speaker is
irritated at his not being appointed Chief Justice, and therefore
wants to make a breach in the Province betwixt the Council and
lower House, but am assured he will never again be chosen Speaker
Your Lordships will also see the necessity of repealing the^Bill which
has established the Public Treasurers, and to give me an Instruction
to make none but during pleasure, or for a short time nor agree to
any Bill that Members of the Assembly should "be Treasurers, they
now deny they are His Majesty's Treasurers, but say they are Public
Treasurers of the Assembly, which they call the Province, and only
accountable to them, you will also wonder how far it may be for His
Majesty's service to have them appointed by the Assembly, or whether
his Majesty or Governor and Council here should appoint one or two
Treasurers who should account with the Government here and with
the Treasury in England. I hope by the blessing of God we shall
soon after this campaign have a glorious peace, and then His Majesty
will have no great Demands upon this Province, which will prevent
the Encroachments of the Assembly upon the Prerogative, and then
they will have time to cool and act for the General good of the
Colony. Had the Aid Bill passed in the form they insisted on it
would have been of no service to his Majesty, they had lowered the
Bounty money granted last year of £10 procl. to £5. and with that
Bounty last year we could not raise above 200 men, when the number
should have been 300, and these if enlisted could not be ready before
the end of July, so that the Campaign would have been over before
they could join the Army, and were to return to be disbanded by the
10 th of Dec er and for this imaginery Aid which they expected, Britain
was to pay, His Majesty was to give up His Prerogative and the
Rights of the Council, by allowing of Clauses for private jobs to be
tacked to the money Bill, and thus give up all power to the Lower
House.
I have now wrote to Brig" Stannix, that I have power to send the
two Companies of 50 each if required, and can be of service by the
last Act, but then we shall have none left to defend our Forts, and
Vol. VI-
COLONIAL RECORDS.
he must advance the pay while abroad, as we have no Credit out of
the Province.
I have nothing to add, but am with great regard
My Lords &c
ARTHUR DOBBS.
New Bern 18 th of May 1759.
A Bill for granting an Aid to his Majesty to augment the Troops
now in/the pay of this Province etc.
Whereas the Inhabitants of this Government are willing to exert
themselves to the utmost of their ability in promoting His Majesty's
Service, and improving the Advantages gained over the Common
Enemy on this Continent by his Arms the last Campaign.
Be it therefore enacted by the Governor Council and Assembly,
and by the Authority of the same, that the sum of Six Thousand
Pounds be granted to His Majesty for augmenting the Troops now in
the pay of this Province to three hundred effective Men, exclusive of
Officers, and clothing, paying and subsisting the said Troops when so
augmented. Which said men shall be formed into three Companies,
and each Company have one Captain two Lieutenants one Ensign,
one Surgeon, four Sergeants, four Corporals and two Drummers, and
shall be paid the following pay to wit, a Capt" Ten Shillings & Eight
pence, a Lieutenant Six Shillings, an Ensign five shillings, a Surgeon
Five Shillings, a Sergeant two Shillings, a Corporal & Drummer one
shilling each, a private man eight pence per Diem, and each non
commissioned officer, and private man eight pence per Diem for
subsistence until they shall be joined by His Majesty's regular forces
or Troops of the other Colonies under the Command of General
Amherst, and the said Companies shall be employed in any Expe-
dition in North America, as shall be directed by the said General or
the Commander in Chief of His Majesty's Forces on this Continent,
and continue in pay until the 10 th day of December next if necessary
for His Majesty's Service and no longer.
Provided nevertheless that if the Campaign shall be ended sooner
or the said Forces shall not be ordered on any Expedition, it shall
and may be lawful for the Governor or Commander in Chief for the
time being to cause all or any part of the said Forces to be sooner
discharged, anything herein contained to the contrary notwithstand-
ing. And be it further enacted by the Authority afores d that each
able bodied man, inlisting voluntarily into the said service shall as
»
COLONIAL RECORDS. 35
soon as may be after inlisting be clothed, for which Expenee & pro-
viding him with a striped Blanket The Captain shall have an allow-
ance of six Pounds per man, and a further sum of Twenty shillings
per man for recruiting Expences.
And for expediting the said service be it further enacted by the
authority aforesaid, that the sum of Five Pounds shall be paid and
given as a Bounty to each able bodied man now inlisted or who shall
voluntarily inlist to serve his Majesty in either of the said Compa-
nies. And be it further enacted by the authority aforesaid, that each
Captain of the said Companies shall pay to each respective non
commissioned officer and soldier in his Company their respective
pay by this Act allowed, and each recruiting officer & person
enlisting any soldier shall pay and satisfy to the soldier whom he
shall enlist the sum of five pounds And every Captain recruiting
officer and other person neglecting so to do, shall and is hereby
declared to be incapable thereafter of having any Command or serv-
ing in either of "the said Companies.
And in Case he shall be continued longer in the said service shall
not be allowed any pay for the same, nor have any Demand or Claim
on the Public on that Account,
And be it further enacted by the Authority aforesaid, That no
person in the said service shall hold or enjoy two Commissions or
Posts, and if any person contrary to the intent and meaning of this
Act shall have several Commis" s or Posts or be appointed to Act in
several Capacities or discharge two or more Duties in the same he
shall have an allowance from the Public for one Post or Service only,
any custom or usuage to the contrary notwithstanding. And whereas
there is not money in the Treasury to answer the purpose by this
Act intended. Be it further enacted by the Authority aforesaid that
Samuel Swann and John Starkey Esquires be and are hereby empow-
ered and required to sign Public Notes of Credit to the Amount of the
said Sum of Six Thousand Pounds (to wit) of the following Denom-
inations to wit (not exceeding forty) Twenty Shillings (nor less than)
Ten Shillings and Five Shillings (each) which notes by their Tenor
shall intitle the possessors thereof to the Sum specified in each of
them to be paid out of the Public Treasury on the tenth day of
December in the year of our Lord one Thousand seven hundred and
sixty three. And the said Samuel Swann and John Starkey shall
receive and be allowed for their trouble and expenee in printing and
signing and emitting the said notes, two per cent, and no more.
36 COLONIAL RECORDS.
And be it further enacted by the Authority aforesaid that the said
John Starkey, Treasurer of the Southern District of this Province
when directed until the said sum of Six Thousand Pounds be fully
paid, shall make payment in the said notes, or in Proclamation
Money, for which he may exchange the same, to such person or per-
sons as the Governor or Commander in Chief for the time being shall
order or appoint to receive the same, and every person so empowered
to receive any sum or sums shall when required by the Assembly
Account for the same.
Provided nevertheless that the Captain of each of the said Com-
panies before receiving payment of any sum or sums by virtue of
any such order as aforesaid shall enter into Bond with good and suf-
ficient security to his Majesty his Heirs and successors in the sum of
(Two stet) Thousand Pounds Proclamation Money with condition
that he will account with the Gov r Council and Assembly, when he
shall be thereto required for all such sum and sums as he shall receive
from the said Treasurer by virtue of any such Warrant or Order of the
Governor or Commander in Chief for the time being ; which Bond
shall be lodged with the said Treasurer, and in case of a breach of
the condition thereof be put in Suit, in which no Imparlance, Essoin
or Injunction shall be granted or allowed. And on a Judgment
being obtained thereon the money recovered shall be applied towards
defraying the contingent Charges of Government or to such other
uses as the Governor, Council & Assembly shall appoint and no other
Purposes whatsoever.
And be it further enacted by the Authority aforesaid, That the
Sum by this Act granted, shall by the Direction of the Governor or
Commander in Chief for the time being be applied to the particular
Services by this Act intended, if necessary, but if a less sum shall
be found sufficient for the said service the surplus shall be applied
towards defraying the Contingencies of Government in such manner
as the Governor Council and Assembly shall direct and not other-
wise.
And be it further enacted by the Authority aforesaid, That if any
Person shall forge or counterfeit any of the said Notes of Credit or
shall pass or utter the same in Payment or Exchange knowing the
same to be forged or Counterfeited, the offender being thereof Law-
fully convicted shall be adjudged a Felon and suffer as in Cases of
Felony without benefit of Clergy.
And be it further enacted by the Authority aforesaid that the Notes
of Credit by this Act directed to be signed and emitted shall and
COLONIAL RECORDS. 37
are hereby declared to be current, and a lawful Tender in all Pay-
ments whatsoever at Par with Proclamation Money.
An whereas an Additional Poll Tax will be greatly burthensome
to the Inhabitants of this Governm' in their present impoverished
condition, Be it therefore enacted by the Authority aforesaid, that
the proportion of this Province in the Fifty thousand Pounds Ster-
ling granted by His Majesty and Parliament to North and South
Carolina & Virginia after deducting the sum of Four Thousand
Five Hundred Pounds thereof appropriated for erecting a Governor's
House, State House and Secretary's office by one Act of Assembly
Intituled, "An Act for erecting a City on Neus River upon the Plan-
tation called Tower Hill fixing the Seat of Government therein
and building a Governor's House and Public offices in the same."
And the Sum of Three Hundred and Thirty two Pounds Nine Shil-
lings and seven pence due to James Abercromby Esquire of Lon-
don for services formerly done as Agent of this Province, be and is
hereby appointed and substituted a Fund for paying & redeeming
the said Notes of Credit in manner hereinafter directed, Unless His
Majesty has ordered or shall direct the same to be applied, agreeable
to the request made to him by the Address of this Assembly in the
last Session.
And whereas it is highly necessary that some person of Integrity
and ability residing in London should be authorized as well to rep-
resent to His Majesty, the Loyalty of his Subjects in this Province and
their zeal for his Service as to apply for, receive and remit the said
proportion of the said Fifty Thousand Pounds. And this Assembly
already having had satisfactory proofs of the Capacity, Probity and
Address of the said James Abercromby Be it therefore enacted by '
the authority aforesaid that the said James Abercromby be and is
hereby appointed Agent for this Province for two years from and
after the passing of this Act and from thence to the end of the next
Session of Assembly to lay before his Majesty and his Ministers
proper documents of the Expences incurred by this Province in the
present war, and to solicit and transact all business and affairs of
this Government necessary to be represented and made known to
his Majesty or any of the Boards in England, according as he shall
from time to time find it necessary, or be advised or instructed
by the Committee of Correspondence hereinafter named.
And be it further enacted,, that the said James Abercromby shall
in full consideration for his said Services and Expences attending
the same be allowed the Sum of two hundred pounds Sterling per
38 COLONIAL RECORDS.
Annum to be computed from the first day of March last past until
the Expiration of his said Agency. And there shall be paid to the
said Committee of Correspondence out of the Public Treasury by a
Warrant from the Governor or Commander in Chief for the time
being so much Proclamation money as shall be sufficient to enable
them to remit the said Consideration in Sterling moneys as afores d
which they from time to time are hereby impowered and required
to do as the same becomes due.
And be it further enacted by the Authority aforesaid, that the
said James Abercromby be and is hereby authorized & impowered
to ask take and receive from the Right Honourable the Lords of
the Treasury or such other Person or Persons as have or ought to
pay the proportion of the said Sum of Fifty Thousand Pounds
which shall be allotted to this Province, and also such other sum
or sums as are or shall by the Parliament of Great Britain be granted
to this Province, and to remit the same to the Public Treasurers of
this Government according to such advice and Instructions as he
shall receive from the said Committee for that Purpose.
Provided nevertheless that the said James Abercromby before
receiving the said money shall enter into Bond with sufficient secu-
rity to his Majesty his Heirs & Successors in the Sum of Twenty
Thousand Pounds Sterling with condition that he shall & will remit
the same agreeable to the Directions of this Act, and such Instruc-
tions as he shall receive from the said Committee which Bond shall
be lodged with such Person in London as the said Committee shall
appoint to receive the same. And in case of the breach of the con-
dition of the said Bond the same shall by direction of the said
Committee be put in suit, and the damages recovered thereon be
applied towards sinking the said notes of Credit or in defraying the
Contingent Charges of Government in such manfier as the Governor
Council & Assembly shall direct, and to no other use or purpose.
Provided also that the said James Abercromby shall and may and is
hereby impowered to retain in his hands out of the said money the
sum of Three Hundred and Thirty two Pounds Nine shillings and
seven pence sterling in satisfaction of the Arrears due to him from this
Province for his former Agency and also such other part thereof as
shall be sufficient to defray the Expence of Insuring and Freight,
that shall accrue upon remitting the said money to the Public Treas-
ui-ers of this Province in manner aforementioned which Insurance
the said James Abercromby is hereby impowered and required to
CGLONJAL RECORDS. 39
make before the same be shipped or remitted to the said Treasurers
and also to agree and contract for the Freight thereof.
And be it further enacted that Samuel Swann, Thomas Barker
John Starkey, George Moore, and John Ashe Esquires or the Majority
of them, or the Survivors of them be and hereby appointed and
constituted a Committee of Correspondence during the Continuance
of the Agency of the said James Abercrombie, and they from time to
time shall advise and instruct him in all such matters relating to this
Province as shall be necessary to be represented moved or solicited
before his Majesty in Council or any of the Boards in England, and
the said Committee shall from time to time as often as required lay
before the Assembly such advices as they shall receive from the said
Agent, and also Copies of such Dispatches and Instructions as they
shall send to him. And be it further Enacted by the Authority
aforesaid, That the said Public Treasurers, shall and are hereby
directed out of the Monies which they shall receive as aforesaid to
pay all such Sums as shall be due on the said Notes of Credit to the
Possessors of the same and to take in the said Notes so soon as they
shall become redeemable that they may be produced to the Assembly
to be burnt But least any disappointment should happen in getting
the said money and thereby the said Notes of Credit remain unre-
deemed. (And for redeeming the said Notes of Credit.) Be it
therefore Enacted by the Authority aforesaid that a Poll Tax of two
shillings & six pence & Poll be levied on each taxable person in this
Province to be collected for the years One Thousand seven hundred
and sixty one & sixty two, by the Sheriffs of the respective Counties
and accounted for and paid to the Public Treasurers of the respective
Districts, at such time in the same manner and under the like Pen-
alties as is by Law directed for the Collecting, Accounting for and
paving other Public Taxes.
(Provided nevertheless that if the said proportion of the said Fifty
Thousand Pounds or other money sufficient to redeem the said Notes
shall be received and remitted to the Public Treasurers before the
said Tax for the year One Thousand Seven Hundred and Sixty
One shall be due and payable, the Sheriffs shall not take receive-or
levy the said Taxes or either of them anything herein contained to
the contrary notwithstanding: And be it further Enacted by the
Authority aforesaid that (in Case) the said Taxes shall be levied (that)
the Public Treasurers shall and hereby required out of the money,
they shall receive on account of the same pay all such sums as shall
be due on the said Notes of Credit to the Possessors of the same and
40 COLONIAL RECORDS.
take in the said Notes as they become payable and produce them to
the Assembly to be burnt.
And be it further Enacted by the Authority aforesaid that John
Starkey & Thomas Barker Esq" Public Treasurers of this Province
shall each of them on or before the Tenth day of January next give
Bond with good and sufficient securitys to our Sovereign Lord the
King his Heirs and Successors in the Sum of Ten Thousand Pounds
Sterling for the faithful discharge of their respective Offices, which
Bond shall be lodged in the Secretary's Office And in Case either of
the said Treasurers shall fail to comply with the Directions of this
Act in giving such Bond and Security he shall thereafter be incapable
of being or Acting as a Treasurer of this Province any Law to the
contrary notwithstanding. And in Case of a breach of the condition
of the said Bond the same shall be put in Suit and the Damages
recovered thereon be applied towards defraying the Contingent
Charges of Government or to such other uses as the Governor Council
and Assembly shall direct and to no other purpose whatsoever.)
These may certify that the above is a true Copy of the Bill, which
was read three times in the Assembly & Passed, and was likewise
read and passed twice in the Upper House of Assembly, and on
reading it a third time it was put and Rejected.
No. Carolina — ss.
Test. Jn° Smith C lk of the Upper House of Assembly.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Sir, [Secretary Pitt]
, I acknowledge the Receipt of your Letters of the 9 th and 29 th of
December with his Majesty's Commands to lay them before the
Council and Assembly last Month from Brunswick which I sent by
Sea to New York to go in the Packett. Your Letters having come
so late to hand, I summoned by Expresses the Assembly to meet me
upon the shortest notice on the eighth instant and cou'd only get a
Number together to adjourn the House on the 9 th , the Members
being so far dispersed, and am much concerned to inform you that
they are now prorogued without giving any further Aid to his Ma-
jesty, The Assembly indeed prepared a Bill and tacked clauses for-
eign to it to increase the power of the Junto of the lower House,
thinking the Council would not venture to alter a Money Bill, but
COLONIAL RECORDS. 41
the Council having struck out the tacked clauses, the Assembly in-
sisted upon the clauses being inserted, so the Bill was laid aside.
Had the Bill passed as proposed, a Copy of which I have sent to
the Board of Trade it wou'd have been of no Service to his Majesty,
they had only granted 200 additional men and lowered the Bounty
for raising them from £10. to each Volunteer to £5 when the Num-
ber last year could not be compleated for £10, so that a compleat
Number cou'd not be raised and ready to march till the end of July,
and probably could not join his Majesty's Troops 'till September,
and then must have returned & be disbanded by the 10 th of Decem-
ber, and for this they expected a Compensation from Britain and
chose an Agent to correspond with, and send the Money to a Junto
of their House they appointed the Power centring in the Speaker
alone.
Upon this I have writ to Brig r Stanwix, that by the former Act I
have a power of sending 100 Men already raised to join him where
required if they can be of any Service, but we have no Credit to
pay them out of the province, and he must advance the pay upon
the Credit of our Dividend of the £50,000 voted for these colonies by
Parliament and these 2 Companies are all we have to garrison 2
Forts on the Sea Coast.
I am extremely sorry I have not been able to cooperate farther in
the glorious Plan of securing the British Empire in America — I
have done my utmost as will appear by my Speech and the Addresses
sent over.
I heartily wish }-ou Success to your vigorous Measures in which I
hope the Divine Providence will continue to assist you in the Cause
of true Religion and Liberty, and heartily congratulate you upon the
glorious Effects which have hitherto attended his Majesty's Arms.
I am with great Respect, Sir, &c
ARTHUR DOBBS
New Bern IS May 1759.
•[B. P. R. O. North Carolina. B. T. Vol. 22. P. 309.]
To the Right Hon' ,le William Pitt one of his Majesty's principal
Secretaries of State
(May 22 nd 175!)
Sir,
Mr. Benjamin Wheatley Naval Officer of His Majesty's Province
of North Carolina being deceased We beg leave to desire that you
42 COLONIAL RECORDS.
will be pleased to move His Majesty, that Mr. Benjamin Turner, may
be appointed Naval Officer in the said Province in the room of the
said Benjamin Wheatley, And we herewith inclose the draught of
a Warrant which we have prepared for His Majesty's Signature in
case his Majesty shall be pleased to approve this Our humble Recom-
mendation
We are Sir, etc
DUNK. HALIFAX
JAMES. OSWALD
SOAMES. JENYNS
W. G. HAMILTON
W m . SLOPER
Whitehall
Mav 22 nd 1750.
[From MSS. Records in Office of Secretary of State.]
Trusty and well Beloved we greet you well —
Whereas Ave are well satisfied of the Loyalty, Integrity and ability
of our Trusty and well beloved Mr Benjamin Turner, We have
thought fit hereby to authorize and require you forthwith to cause
Letters Patent to be passed under our Seal of our Province of North
Carolina for Constituting and appointing him the said Benjamin
Turner Clerk of the Naval or Navy Office in our said Province in
the room of Benjamin Wheatly Esquire Deceased, To have hold
Exercise and, enjoy the same to his the said Benjamin Turner by him-
self Or his Deputy or Deputies during our Pleasure together with all
and Singular, the fees rights Priviledges Perquisites and Advantages
to the said office or Place — belonging or Appertaining with a Proviso
that nothing in the said Letters Patent contained shall extend or be
construed to extend to the Prejudice or Disadvantage of the office of
our high Admiral of Great Britain or of our admiralty of our. foreign
Plantations for the time being or of any of the rights priviledges
jurisdictions powers and Authorities to the same in any wise apper-
taining and for so doing this shall be Your Warrant, And so we Bid
you fare well
Given at our Court at Kensington the 23 rd Day of May 1759 in
the 23 rd Year of our Reign.
By his Majesty's Command
W. PITT.
COLONIAL RECORDS. 43
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 65.J
At the Council Chamber Whitehall the 31 st of May 1759.
Present.
The Lords of His Majesty's most Honour" 6
Privy Council.
Upon reading at the Board a Report from the Right Honourable
the Lords of the Committee of Council for Plantation Affairs dated
the 28 th of this Instant, upon considering a Draught of an Instruc-
tion prepared by the Lords Commissioners for Trade and Planta-
tions for his Majestys Governor of the Province of North Carolina,
authorizing and directing him to recommend it in his Majesty's
name to the Council and Assembly of that Province to pass an Act
for amending in the manner therein proposed, two Acts passed
there, the one in 1748 entituled, "An Act for granting unto His
Majesty the sum of Twenty one Thousand Three Hundred and
Fifty Pounds Proclamation money, and for stamping and emitting
the said sum of Twenty one Thousand Three Hundred and Fifty
Pounds Publick Bills of Credit of this Province, at the rate of Proc-
lamation money " etc. And the other in 1754, entituled, "An Act
for granting to His Majesty the sum of Forty Thousand Pounds in
Public Bills of Credit at the rate of Proclamation money" etc —
Which Report and Draught of an Instruction being this day taken
into consideration and approved. It is thereupon ordered in Coun-
cil that the Right Honourable William Pitt Esq re one of His Maj-
esty's Principal Secretaries of State, do lay the said Instruction
(which is hereunto annexed) before His Majesty for His Royal Sig-
nature.
A true Copy. W. SHARPE.
Instruction to Our Trusty and Wellbeloved Arthur Dobbs Esq™,
Our Captain General- and Governor in Chief in and over Our Prov-
ince of North Carolina in America and in his absence to the President
of Our Council or Commander in Chief of our said Province for the
time being Given at Our Court at Kensington the day of 1759
in the thirty second year of our reign.
Whereas by an Act passed in Our Province of North Carolina in
1748 entituled An Act for granting unto his Majesty the sum of
Twenty one thousand three hundred and fifty Pounds Proclamation
44 COLONIAL RECORDS.
money and for stamping and emitting the said sum of Twenty One
thousand three hundred and fifty pounds publiek Bills of Credit of
this Province at the Rate of Proclamation money, to be applied
towards building Fortifications in this Province, Payment of the
Publiek Debts, exchanging the present Bills of Credit/and for making
proper Provision for defraying the contingent Charges of the Gov-
ernment etc and also by one other Act passed in Our said Province
in 1754 entituled An Act for granting to his Majesty the sum of Forty
thousand Pounds in publiek Bills of credit at the rate of Proclama-
tion money to be applied towards defraying the Expence of raising
and subsisting the Forces for his Majesty's service in this Province,
to be sent to the Assistance of His Majesty's Colony of Virginia and
for other purposes therein mentioned, it is enacted and declared that
the Bills of Credit to be issued in virtue of each of the said two Acts
shall be a Lawfull Tender in all Payments whatsoever as Proclama-
tion money or as Sterling money, at the proper difference there is
between Proclamation Money and Sterling, that is to say at four
Shillings Proclamation money for three shillings sterling, and
whereas it hath been humbly represented to us that several of the
Principal Merchants of London in behalf of themselves and of
several Gentlemen and Merchants in and from Our said Province
have by their Petition humbly set forth their complaint that the said
Provision is contrary to Justice and Equity and highly injurious to
the Trading Interest of this Our kingdom and our said Province in
general and of themselves in particular in as much as it establishes
and declares the Sum of One hundred thirty three Pounds Six shil-
lings and eight pence Paper Currency to be a good and lawfull
Tender in Payment of a real debt of One hundred Pounds sterling,
although in fact One hundred thirty three pounds six shillings and
eight pence paper Currency will not as they allege purchase more
than Seventy Pounds Sterling, We having taken the premises into
Our Royal Consideration do hereby signify to you Our Will and
Pleasure that you do forthwith recommend it earnestly in Our Name
to Our Council and the Assembly of Our said Province to pass an
Act for amending the two Acts above mentioned and that they do
hereby provide that all Debts and Contracts, already due or hereafter
to be contracted among the Inhabitants of Our said Province or
between them and Our British subjects be made payable in the said
Bills of Credit if the Creditor be -willing to accept the same and not
otherwise not according to their Nominal Value as declared by the
said two Acts but according to the real difference in value between
COLONIAL RECORDS. 45
such Paper Bills and sterling Money at the time of discharging such
Debts. And Our further Will and Pleasure is that you do not in
future give your Assent to any Act for emitting Paper Bills of
Credit in Our said Province of North Carolina, upon any Occasion
whatsoever unless you take care that a clause to the Effect above
stated be expressly inserted in such Act.
And whereas it has been also represented to Us that by the Pro-
visions of the two Acts abovementioned, Our Quit Rents and every
other branch of Revenue arising to Us within Our said Province
are made payable in the same Paper Currency and at the same rate
as any other Debt whatever, whereby Our said Revenue must be
greatly prejudiced. It is Our express Will and Pleasure and you
are hereby strictly charged and commanded to take especial care
that in the Act to [be] passed for amending the two Acts above men-
tioned and also in every Act which may hereafter be passed for
issuing Bills of Credit in Our said Province, a clause be inserted
declaring that the Paper Bills of Credit already issued or thereby
to be issued shall not be a lawful! Tender in Payment of Our Quit
•rents or of any Debt of what Nature soever due or to become due
to Us Our heirs or Successors.
[B. P. R. O. North Carolina. B. T. Vol. 22. P. 317.]
Lords of Trade to Governor Dobbs
(June 1 st 1759
Sir,
The only letters which we have received from you that contain
anything material since Ours of the 9 th December 1757. are dated
the 27 th of December 1757. and the 20 th of December 1758.
The first of them relates chiefly to the suspension of Mr. Ruther-
ford and Mr. Murray, from their seats in the Council and of the former
from his Office of Receiver General.
The Papers herewith inclosed will fully inform you of the steps
which have been taken in consequence of this measure and by this
you will see that not only the suspension of Mr. Rutherford from his
Office of Receiver General but also the inconveniencys which you
state to ha"ve attended the manner in which the Provincial Treasurers
have been appointed are before the Lords of the Treasury for their
Judgment and direction.
46 COLONIAL RECORDS.
It is also within the Province and department of that Board to
determine not only upon what part of the Fifty thousand Pounds
granted by Parliament to the Southern Colonies should be allowed
to North Carolina but also to give such direction with respect to the
Application of it as they shall think proper and therefore it would
be improper for Us to give any Opinion or direction upon that part
of your Letter of the 20 th of December 1758. which relates to this
subject, We could however have wished to have been able to have
laid before their Lordships the Bill which you say was prepared by
the Assembly concerning this Money and rejected in the Council but
though it was mentioned to be inclosed in your letter it was not with
the other Papers.
Whatever may be the Advantages and conveniencys resulting
from the Act for fixing the seat of Government of which it is impos-
sible for Us to judge untill We receive the Act it was certainly
improper and irregular in you to assent to it, without a Clause sus-
pending its execution untill his Majesty's Pleasure could be known,
the Opinion which we gave upon this matter in Our letter of the 6
of August 1755. could not in the least warrant such an irregularity
this Opinion had reference only to the propriety of the Place pro-
posed as far as We could judge* of it from your State of the Case and
was in no respect an Authority to carry the measure into Execution
in the manner you have done. We had hopes that the regulations
made by his Majesty's Instructions concerning the rights of par-
ticular Precincts to send Members to the Assembly and the Number
of which the House of Representatives was to consist had been so
precise and particular that no difficultys could have arisen nor any
further Instructions have been necessary.
If however any such are judged to be necessary from any new or
other arrangement which may have been made with respect to the
Northern Countys We must desire you will in your next letters be
more full and explicit in your accounts of these matters and in
marking out to Us the nature and causes of these Arrangements to
which your letter refers, without which it will be impossible for us
to form a Judgment what other Instructions it may be proper to
send you.
We are sensible that many advantages may be derived from a
Settlement of the Boundary Line between the Province of North and
South Carolina But we do not think it advisable to trouble' the Lords
of his Majesty's Council with a Proposition of this kind at this time
when they have declined entring into a consideration or giving An
COLONIAL RECORDS. 47
Opinion upon several Cases of the same matter, respecting other
Colonies which AVe have laid before them.
The enclosed Representation to his Majesty upon a Petition of the
Merchants complaining of the Paper Currency in North Carolina
will inform you of our sentiments upon that matter which having
been approved by the Council an additional Instruction to you
conformable thereto has been prepared and now lies before his Majesty
for his Signature.
We are, Sir &c
DUNK. HALIFAX
JAMES. OSWALD
SOAME. JENYNS
AV m . SLOPER
Whitehall
June 1 st 1759.
[From MSS. Records in Office of Secretary of State.]
To the Right Honorable the Lords Commissioners of his Majestys
Treasury:
My Lords In Pursuance of a Clause in the Letters Patent grant-
ing me the office of Surveyor, and Auditor General of his Majestys
Revenues in America — Whereby I am impowered to appoint a
Sufficient Deputy or Deputies for the due Exercise and Execution
of my said office such Deputy or Deputies being first approved
by the Right Honourable the Lord Commissioners of his Majestys
Treasury or the Lord High Treasurer, for the Time being — I do
humbly Present to your Lordships, William Lucas of the Temple
Esquire in the Room of Alexander M c Culloh Esq* as a fit Person to
be my Deputy for Executing the office of Surveyor and Auditor of
his Majestys Revenues in North Carolina — and I Pray your Lord-
ships Approbation and am
Your Lordships most obedient and most
Humble Servant
R. CHOLMONDELY A. G.
Auditors Office \
June 10 th 1759 /
After our hearty commendations AVe approve your Memorial and
•do hereby Pursuant to Power to us in this Behalf given Authorize
48 COLONIAL RECORDS.
and Impower you to constitute and appoint the therein named W m
Lucas Esq r in the Room of Alexander M c Culloh to be your Deputy
for Executing the Office of Surveyor and Auditor General of his
Majestys Revenues in North Carolina as by you Proposed and for
so doing this shall be your Warrant. Whitehall Treasury Cham-
bers 19 th of June, 1759—
F. B. LEGGE
H. NUGENT
NORTH
To our Loving Friend Robert Cholmondely Esq r Surveyor and
Auditor General of his Majesty's Revenues in America.
[From MSS. Records in Office of Secretary of State.]
Deput : Robert Cholmondeley Aud : Gen. to William Lucas.
To all Christian People to whom these presents shall come — .
The Hon ble & Rever d Robert Cholmondeley Surveyor and Auditor
General of all his Majesty's Revenues arising in America Sendeth
Greeting. Whereas His Majesty by his Letters Pattent under the
Great Seal of Great Britain bearing date the twentieth Day of
November in the twenty fifth year of his Reign was graciously
pleased to give & grant unto him the said Robert Cholmondeley the
office of Surveyor & Auditor General of all His Majesty's Revenues
arising in America. To Have & to Hold the Same as therein men-
tioned with full power and authority to Inspect, Examine, State and
Audit and with Allowance and Consent of the Lord High Treasurer
or Commissioners of the Treasury and Chancellor of the Exchequer
for the time being to determine all and Singular accounts of all such
Rents, Revenues, Prizes, Fines, Escheats, Forfeitures, Seizures, Duties
& Profits Whatsoever as are by reason of any matter or thing hap-
pened or Fallen and which shall at any time thereafter become due
and payable to His Majesty, His Heirs & Successors during the
Continuance of the said Letters Patent on or from all or any of his
Majesty's Foreign Dominions Islands, Colonies and Plantations in
America and by all lawful ways & means to Cause the same to be
recovered and paid to his Majesty's use and also to Exercise &
Enjoy the said Office to him the Said Robert Chalmondeley by
himself or his Sufficient Deputy or Deputies being first approved by
COLONIAL RECORDS. 49
the Commissioners of the Treasury or Lord High Treasurer for the
time being. Now Know Ye that the said Robert Cholmondeley
for the more Effectual Execution and Performance for the Premises
and for the better expediting and Carrying on His Majesty's Service,
Hath Constituted & Appointed William Lucas of the Temple Esq. to
be his Deputy in the Room of Alexander M c Culloh Esq r within his
Majesty's Province of North Carolina for the purposes and to the ends
hereafter mentioned and no other, that is to say, that the said William
Lucas shall, and the said Robert Cholmondeley doth hereby give and
Grant full Power and Authority to the said William Lucas to Inspect,
Examine, State & Audit all accounts of all such Rents, Revenues,
Prizes, Fines Escheats, Seizures, Forfeitures, Duties & Profits whatso-
ever as have not already been Examined, stated and finally determ-
ined or shall hereafter happen, fall, become due or payable or accru-
ing unto his Majesty, his Heirs & Successors within the said Province
with full Power & Authority to and for him the said William Lucas
by all lawfull ways and means to Cause to be recovered and paid unto
the proper officers to His Majesty's Use — All such Rents, Revenues,
Prizes, Fines, Escheats, Seizures, Forfeitures Duties & Profits what-
soever as aforesaid as have accrued or shall hereafter accrue unto
His Majesty's His Heirs & Successors as aforesaid within the said
Province and have not been or shall not be answered satisfied and
paid. to the proper Officers to His Majesty's Use, To Have and to
Hold the said Office of Deputy Surveyor & Auditor unto the said
William Lucas so long as by him the said, Robert Cholmondeley
shall be thought fit, and the said Robert Cholmondeley doth hereby
Require from the said William Lucas, and the said William Lucas
doth by his acceptance of this present, Grant Agree to and with the
said Robert Cholmondeley that he the said William Lucas shall
once in every six months or once in every Year at least, during
which he shall be deput}' to the said Robert Cholmondeley by vir-
tue of these presents Transmit and send over to him the said Robert
Cholmondeley, with Duplicates thereof to the Lord High Treasurer
or Lords Commissioners of the Treasury for the time being fairly
written and by the said William Lucas under his Hand attested all
such accounts of the Rents, Revenues, Prizes Fines, Escheats, Seiz-
ures, Forfeitures, Duties & Profits aforesaid as he the said William
Lucas shall from time to time have Inspected, examined, stated &
audited and also Duplicates thereof by the next Conveyance, and
shall at the same time certify and make known unto the said
Robert Cholmondeley all such sum & sums of money if any such
Vol. YI— 4
50 COLONIAL RECORDS.
shall be as he hath by the Ways and Means aforesaid caused to be
recovered & paid to the Proper officers to his Majesty's Use and the
said William Lucas shall in all and every other matter and thing
relating to the said Office, Observe such Rules and Instructions as
the said Robert Cholmondeley shall at any time or times give or
Transmit unto him, And lastly the said Robert Cholmondeley doth
hereby Ratify Confirm & Allow all & every Act & Acts, thing &
things that shall be done & executed by the said William Lucas
Deputy to the said Robert Cholmondeley by virtue of these Presents
and doth hereby Grant that they and every of them shall be of
equal force & authority as if they had been done, executed and
performed by the said Robert Cholmondeley himself in his proper
person.
In Witness whereof the said Robert Cholmondeley hath hereunto
put his Hand & Seal of Arms this 20 th day of June 1759. In the
32 Year of His Majesty King George the Second of Great Britain
France & Ireland & so forth.
ROBT. CHOLMONDELEY (Seal)
Sealed and Delivered being first duty \
stampt in the presence of i
Tho s Child Jurat
Jno. Rutherford
North Carolina \ ^^ Court m9 _
Chowan County J
'Present His Majesty's Justices.
The within Deputation from Robert Cholmondeley Esq r to William
Lucas Esq r was duly proved in Open Court by the Oath of Thomas
Child Esq', According to Law & Ordered to be Registered.
Test Tho s Jones— Clk
Recorded in the Sect. Office 25. October 1760
[B. P. R. O. North Carolina. B. T. Vol. 13. B. D. 52.J
At the Council Chamber Whitehall the 26 th day of June 1759.
Present.
The Lords of His Majesty's, most Honourable Privy Council.
Upon reading this day at the Board a Representation from the
Lords Commissioners for Trade and Plantations, dated the 21 st of
COLONIAL RECORDS. 51
this Instant setting forth that Thomas Child Esq re , whom his Majesty
was graciously pleased to appoint in the year 1745 to be Attorney
General in the Province of North Carolina, hath been several years
absent from that Province by license obtained of the late Governor,
for the Settlement of his private Affairs and those of his said Office,
& that it appears to the said Lords Commissioners, that upon his
return to the said Province (for which he purposes shortly to embark)
it may be matter of doubt and dispute whether he can resume the
Functions of his said Office under his Majesty's said Appointment,
or whether that Appointment may not be deemed to have ceased
and determined by its own Limitations. They have therefore pro-
posed, that in order to obviate all such doubt and dispute, His
Majesty might be graciously pleased by a new Warrant under his
royal sign Manual, to appoint the said Thomas Child to be His
Majesty's Attorney General within the said Province of North Caro-
lina which being taken into Consideration & approved It is hereby
ordered in Council that for obviating any matter of doubt whether
the said Thomas Child, upon his return to the said Province, can
resume the Functions of the said Office under His Majesty's said
former Appointment, the said Lords Commissioners for Trade and
Plantation do cause a new Warrant to be prepared for Constituting
and appointing the said Thos. Child Esq 16 to be His Majestys Attor-
ney General within the said Province, and that they do lay the same
before his Majesty at this Board.
W. SHARPE.
[From MSS. Records in Office of Secretary of State.]
North Carolinas —
George the Second by the Grace of God of Great Britain, France
and Ireland King &c. To all to whom these Presents shall come
Greeting —
Know Ye that we being well assured and satisfied of the loyalty,
Integrity and Abilities of our Trusty and Well Beloved Benjamin
Turner Gentleman, have Constituted and Appointed, and do hereby
Constitute and appoint him the said Benj. Turner Clerk of the Naval
or Navy office of our Province of North Carolina. To have, Use and
Exercise by himself or his sufficient Deputy or Deputies during our
Pleasure all and Singular the Powers and Authorities of Clerk of the
Naval or Navv Office of our said Province and to take receive and
52 COLONIAL RECORDS.
Enjoy the fees, Perquisites Priviledges and Emoluments thereto'
belonging and there with and thereby Usually and of right, taken
rec d and Enjoyed and in all things whatever relative to the duty of
Clerk of the Naval or Navy Office aforesaid to Act and do as there-
with doth Legally & truly appertain, Provided always that nothing
herein contained shall Extend or be Deemed or construed to Extend
to the Prejudice or Disadvantage of the office of our high Admiral
of Great Britain or of our Admiralty of our Said Province for the
time being or of any of the Rights, Priviledges Jurisdictions Powers
and Authorities to the same in anywise belonging.
In Testimony whereof we have caused, these our Letters to be
made Patent. Witness our Trusty and Well Beloved Arthur Dobbs
Esquire Captain General, Governor and Commander in Chief in and
over Our said Province under his hand and the Seal of our Said
Province at Brunswick the Sixth Day of November 1759 in the 33 rd
year of our Reign.
ARTH: DOBBS.
By his Excellency's Command
Rich 4 Spaight Sec'y.
[From MSS. Kecords in Office of Secretary of State.]
George R,
Trusty and Well beloved — We Greet you well — Whereas We have
taken into our Royal Consideration the Loyalty Integrity and Ability
of our Trusty and well Beloved Thomas Child Esquire, we have
thought fit hereby to authorize & Require you forth with to cause
Letters Patent to be Passed under our Seal of our Province of North
Carolina in America for constituting and appointing him the said
Thomas Child our Attorney General of and in our Said Province,
To have, hold, Exercise and Enjoy the Said office of our attorney
General unto him the Said Thomas Child during our Pleasure and
his Residence within our Said Province together with all and
singular the rights Salaries Fees Profits priviledges and Emoluments
there un to Belonging or appertaining, and for so doing this shall be
your Warrant, And so we Bid you farewell
Given at our Court at Kensington the 6 th day of July 1759 in the
33 rd Year of our Reign.
By his Majesty's Command
W. PITT.
COLONIAL RECORDS. 53
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 66.]
At the Court at Kensington the 24 th July 1759
Present. The King's most Excellent Majesty in Council.
Whereas the Governor and Commander in Chief of His Majesty's
Province of North Carolina, with the Council and Assembly of the
said Province did, in December 1757 pass an Act, which hath been
transmitted in the Words following viz' — "An Act to dock the Entail
of certain Lands now in Possession of Harding Jones under a Devise
in the Will of Frederick Jones Esq re his Grandfather deceased, by
whom the same were intailed." Mem d . Here the Act was inserted
at length which Act, having been perused and considered by the
Lords Commissioners for Trade and Plantations and by them pre-
sented to His Majesty at this Board as fit to be confirmed His
Majesty was this day pleased with the advice of His Privy Council
to declare his Approbation thereof, and persuant to His Majesty's
Royal Pleasure thereupon expressed, the said Act is hereby confirmed
finally enacted and ratified accordingly. Whereof the Governor or
Commander in Chief of His Majesty's said Province of North Car-
olina for the time being, and all others whom it may concern are to
take notice and govern themselves accordingly.
A true copy. W. SHARPE.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 59.]
At the Court at Kensington the 10 th day of Aug' 1759.
Present. The Kings most Excellent Majesty
Lord President Lord Berkeley of Stratton
Earl of Holdernesse Lord Anson
Viscount Falmeuth M r Secretary Pitt
Lord Delawar
Whereas by Commission under the Great Seal of Great Britain the
Governor, Council and Assembly of His Majesties Province of North
Carolina are authorized and empowered to make constitute and ordain
Laws, Statutes, and Ordinances for the Public Peace, Welfare &
good Government of the said Province, which Laws, Statutes and
Ordinances are to be as near as conveniently may be agreable to the
54 COLONIAL RECORDS.
Laws & Statutes of this Kingdom and to be transmitted for His
Majesty's Royal approbation or Disallowance, and whereas in pur-
suance of the said Powers an Act was passed in the said Province in
December 1757 and transmitted entituled as follows viz*
An Act to impower the Justices of the Supreme Courts to take the
acknowledgment or proof of Deeds and for allowing them a Salary.
Which Act having been perused and considered by the Lords Com-
missioners for Trade and Plantations, and by them presented to His
Majesty at this Board as proper to be repealed His Majesty was there-
upon this Day pleased with the Advice of His Privy Council to
declare his disallowance of the said Acts, and pursuant to His
Majestys Royal pleasure thereupon expressed the said Act is hereby
repealed, declared void and of none effect. Whereof the Governor
or Commander in Chief of His Majesties said Province of North
Carolina for the time being and all others whom it may concern
are to take notice and govern themselves accordingly.
W. SHARPE.
[B. P. R. O. North Carolina. B. T. Vol. 23. p. 331.]
Lords of Trade To Governor Dobbs
(Aug st 1 st 1759
Sir,
We have received your letter to Us dated the 18 th of May last
together with the Copy of the Aid Bill and other Papers referred to
in it and We have also received the Acts and Journals of the Coun-
cil and Assembly transmitted by the same Conveyance. We have
carefully read and considered this Bill and though we cannot but
approve of your having rejected it, yet it does not appear to Us to
affect His Majesty's prerogative to such an extent as you seem to
apprehend.
The appropriation by Act of Legislature of the Money granted
by Parliament for a compensation to the Province unless otherwise
directed by His Majesty is doubtless a very regular and proper
method of proceeding and the same method of appointing an Agent
for the Province is equally so, being that marked out by his Majesty
in the Case of Jamaica when the Mode of appointing an Agent was
a Question of dispute in that Island. At the same time We are
sensible that in both these Cases it is a Governor's Duty as one
COLONIAL RECORDS. 55
branch of the Legislature to see that in the Provisions of those
Laws and the mode of framing them a proper regard is had to the
form of the Constitution and His Majesty's just Rights and although
upon this way of Reasoning we see no grounds to disapprove the
Aid Bill in its abstract principle, yet we think the particular Pro-
visions of it and the mode of framing it to be in some cases excep-
tionable.
The appropriating Money without a certainty that Parliament
would grant it or at least without knowing the Sum or the manner
in which His Majesty might Recommend such appropriation was
certainly irregular and^remature and we are likewise of Opinion that
the Clauses of the general appropriation of it are too loosly worded
and give an improper Power to the Treasurer in the management
and disposal of it. As to what concerns the appointment of an
Agent it does not appear to Us to be otherwise exceptionable than
as it ought to have been provided for by a separate Law as being a
matter in its nature separate and distinct from the main purpose of
the Act and that the Committee of Correspondence ought to have
consisted of some Members of the Council and not to have been en-
tirely composed of the Members of the House of Representatives.
As to the Propriety of dissolving the Assembly it is a matter
which must be left to your own discretion upon a consideration of
a variety of Facts and circumstances which We cannot be fully
informed of at this distance, But we do not think that the conduct
of the House of Representatives with respect to the Aid Bill how-
ever irregular in form has been such as singly, without other cir-
cumstances render such a measure necessary We must however
again repeat that this is a matter in which you must from the nature
of the case use your own judgment and discretion.
The practise which has prevailed for so long a time in all the
Colonies of appointing Publick Treasurers by Act of Legislature
and making them accountable only to the General Assembly and
in some Cases to one branch of it, is certainly irregular and it is to
be wished that it had been properly checked in its infancy, but
having prevailed and been accpuiesced in for so long a series of years,
any attempt to set it aside m the present situation of Affairs would
in Our judgment be improper and therefore we cannot advise the
repeal of the Aid Act passed by You in 1754, especially when We
56 COLONIAL RECORDS.
consider that a considerable part of the Taxes thereby to be raised
would be lost by such repeal.
We are, Sir &c,
DUNK. HALIFAX
W. G. HAMILTON
JAMES. OSWALD
Whitehall
August 1 st 1759.
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 58.]
Letter from Governor Dobbs to the Board of Trade dated the 11 th
Sept" 1759 etc.
My Lords,
I received your Lordships letter of the first of June about a fort-
night ago, along with a letter of Mr. Pownals of the 30 th of May in-
eluding your report to His Majesty in Council and his Majesty's
Repeal of the 7 Acts therein mentioned. Upon receipt of which I
summoned the Council whether I should immediately promulge the
Repeal of these Acts or wait the arrival of the Chief Justice or At-
torney Gener 1 till I could consult them upon so critical an Affair or
if they should not arrive soon whether I could justify the delay of
promulging the Repeal until the Assembly should meet in order to
have a proper Bill or Bills past and allow the Courts of Justice to
proceed and finish the Causes that are before them until the meet-
ing of the Assembly, & they were unanimously of opinion that I
should delay the publishing the Repeal either until the arrival of
the Chief Justice and Attorney General or until the meeting of the
Assembly in Nov r next, because in the interim there would be a
total stagnation of Justice, For the former Bills about the General
Court and Courts of Oyer and Terminer having been repealed, we
have no Laws subsisting about them from the year 1715, nor no
place appointed to hold them in but at Edenton, the only place then
in the Province i»i the extreme part of the Province ; I believe the
hasty repeal of these Laws, which certainly wanted to be amended
or repealed was inadvertently advised by the Attorney General and
Chief Justice, who did. not consider that there would be a stagnation
of Justice, for I am convinced they would not have done it solely
with a view of their own conveniencv to have all the Courts held at
COLONIAL RECORDS. 57
Edenton, where they choose to reside, to be so inconvenient to the
rest of the Province, and there was such a confusion in the Laws
before and since 1715, until the former supreme and County Court
Laws were made, that neither Judge nor Lawyers can know how to
Act, until these Laws are again amended and enacted, so that I
hope your Lordships won't blame me for delaying the publishing
the Repeal for two months until new Laws be passed, and then the
Repeal hanging over them proper Laws must be passed by the As-
sembly, the Vestry Law in like manner must be properly amended,
for though last winter a Law was passed to allow a better stipend to
the Clergy, yet as the Vestry Bill is repealed, there are now no Ves-
tries to levy the Tax for the Clergy until a new Bill be passed.
I find by your Lordships letter that you had only received my
letters of Dece er 25 th 1757, and of the 20 th of December 1758, and that
my dispatches of last February were not come to hand, I have
heard since that the Vessel which carried them was lost in the Chan-
nel but hope ere this the Duplicates I sent by my Son who went in
the Packet from New York are safely arrived, with another packet
of May last, which I also sent by the Packett. I am extremely sen-
sible of your Lordships goodness to me in your Report to His
Majesty upon the suspension of Mr. Rutherford and Murray from
the Council and in your Answer to the Lords of the Committee of
Council upon Mr. Ru'therford's Letter to the Lord President upon it
but find the Council have not yet laid your Report before His
Majesty.
AsT don't find the Lords of the Treasury have yet done anything
as to Mr. Rutherford's suspension from being receiver General nor in
any relation to the provincial Treasurers I hope the Copy of the Act
which you will receive by my son along with my other Letters will
come time enough to be laid before them, and will appologize for
nry passing the Law for fixing the Seat of Government without a
suspending Clause as it is sufficiently suspended by the other Bills
being thrown out, without which it can't be executed without his
Majesty's appropriating part of our proportion of the £50,000 when
paid to that purpose, as no Tax is laid to finish the Buildings
appointed by the Act. By these Letters you will also see the diffi-
culties I lye under. in making out Charters and issuing Writs before
I can dissolve this Assembly.
The fixing the Boundary Line being so necessary for the Welfare
of both the Northern & Southern Provinces of Carolina, I hope your
Lordships will have it decided as soon as you can prudently apply
58 COLONIAL RECORDS.
for it; as it is entirely in his Majesty's pleasure in what manner to
fix it, neither Province having any legal Claim to any part of it but
from His Majesty's pleasure, nor can the Council have any Difficulty
in recommending a proper Line to his Majesty, as they have in pro-
prietary Governments granted by Charter.
Colonel Innes one of His Majesty's Council died at Wilmington
the 5 th instant by which there are at present 3 vacancies in case His
Majesty confirms the suspension of Murray & Rutherford As I have
already recommended 3 in their room, Justice Henley who was the
4 th being dead, I beg leave to recommend the new Chief Justice
whose name I hear is Barry, & John Sampson Esq ro of Dupplin
County to succeed in place of Col. Innes.
I have had Complaints sent to me that Haglar King of the
Catawbas has threatened and dispossessed several of the Planters
who had got out Patents within 30 miles of the Catawba's Town,
under pretence that Govern 1 " Glenn had assured them that His
Majesty had given them a scope of 30 miles round their Towns,
about 18,000,000 of acres for 250 Men capable of bearing Arms. I
hope when the French are drove out of America, their Boundary
will be also fixed upon a more just footing 300 Tuskeroras were
contented with 12000 Acres.
I am with due respect &c
ARTHUR DOBBS.
Brunswick
11 th Sept r 1759.
[From North Carolina Letter Book of S. P. G.]
Memorial of the Churchwardens &c of Hanover County in favor of
Mr. Smith.
Oct. 1 st 1759.
Whereas the Rev d Mich Smith (being apprehensive of having in-
curr'd the displeasure of the venerable society for the* propagation
of the Gospel, by removing from his late care to the Parish of St.
James, New Hanover Count)^) hath besought us, the churchwardens
& vestry of the s d parish to testify of his conduct & morals during
his residence amongst us, we do hereby certify that, he has behaved
himself with a clecenc}', regularity and diligence becoming his func-
tion, and we do firmly believe that he has neither increased his
salaiy nor lessened his labor, nor lost the opportunity of doing equal
COLONIAL RECORDS. 59
good by his exchange. He is obliged to attend at 6 different places,
in order to render the benefits of his preaching more diffusive, and
curb (if possible) an Enthusiastic sect who call themselves anabap-
tists, which is numerous & which was daily increasing in this parish
& which we affirm has already received a check from his labours.
We therefore pray the Ven ble Society, to permit the s d Mr. Smith to
continue amongst us and to give him the usual salary. Since the
established income of the clergy here (thro' the bad credit of our
currency) does not exceed 50 Guineas in value a year wages (in
reality) too small for such labourers, and our circumstances will not
admit of its increase, we could wish we were of consequence enough
to recommend the whole Province to the Pious care of the Venera-
ble Society; for the Harvest is great indeed & the labourers but few.
In testimony whereof we have hereunto set our hands this l 6t day
of Oct. 1759.
JOHN LYON, Merchant & Justice of the Peace
CALEB GRAINGER, Planter, Coll" of the No. Carolina forces on
the Nor" Expedition & Justice of the Peace.
JOHN SQUIRES, Planter
GEORGE MERRICH, Planter & Cap 4 of a Provincial Company
JOHN SWANN, Planter memb of his Majesty's council & ColP of
a Provincial regiment.
JOHN ASH, Planter representative in the house of assembly for
New Hanover County.
JONATHAN EVANS, Planter.
BENJAMIN EVANS, Planter.
JAMES PORTIVINT, Planter, Justice of the Peace for New Han-
over County
GEORGE MEARS, Planter, Justice of the Peace for New Hanover
County
We whose names are underwritten, Parishioners of St: James' and
inhabitants of Wilmington in New Hanover County, do heartily
concur with & join the vestry of the said Parish in Testimonium &
request in behalf of the Rev d Mich Smith, this 1 st day of Oct 1 1759.
LEWIS JOHN DeROSSETT, Planter & member of his majesties
counc 1 & receiver general of the trust.
SAMUEL SWANN, Planter, Speaker of the house of assembly.
JOHN MOSELEY, Planter
BENJ r HERON, Lieut in his majestys navy.
WILL m WALKER, Sheriff of New Hanover County.
60 COLONIAL RECORDS.
WILL m ROSS, Planter, Judge of the Court of Admiralty
GEO r MOORE, Planter, Representative in the house of assembly
for New Hanover Count}^.
MARM ak JONES,' Merchant & Eminent Lawyer.
JNO DuBOIS, Merchant Justice of the Peace for N. Hanover
County.
JOSHUA TOOMER, Notary Public, Postmaster, Coroner for Wil-'
mington
ARCH d MACLANE, Clerk of the Supreme Court,
JOSEPH BLAKE, Planter.
JOHN SAMPSON, Planter, Coll n of a Provincial Reg' Justice of
the Peace.
EDW d WIGHT, Doctor of Medicine
MOSES JN° DeROSSETT, M. D.
JOHN MORRIS, Merchant
FRED k GREGG, Merch* Leiut Coll" of Provincial Reg' & Justice
of the Peace
THOMAS JONES, Planter
HENRY HYRNE, Planter
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Sir, [Secretary Pitt]
Tho you may receive earlier Advices from South Carolina, yet as
there is a Vessel to sail to-morrow for England from this River, I
think it my duty to give you the earliest Intelligence of the Accounts
I have received from thence, as it may be of Consequence to give you
the earliest Accounts of the French and Indian Transactions to the
Southward of this Province, and the Necessity there will be of driv-
ing the French from Mobile and the Mississippi to secure these
Provinces from future Attacks — By an Express I rec d from Gov r
Littleton of the 1 st instant, which I rec d the seventh, he informed me
that the Cherokees were up in Arms and had cut off the Communi-
cation between Fort Prince George and Fort Loudoun in the lower
Cherokees, and had way laid & fired at an Express that was dispatched
to him from thence with that Intelligence, upon which he had ordered
150 Men of their Troops to be ready to march and sent orders to the
3 frontier Regiments of Militia to assemble and be ready to fire their
Beacons upon the first Alarm, and had appointed their Assembly to
meet the 4 th upon that Emergency and wrote to me to know what
COLONIAL RECORDS. 61
Assistance he cou'd have from this Province, and the Messenger
proceeded to Virginia to require their Assistance with Provision and
Stores to be sent to Fort Loudoun, upon which I summoned the
Council to meet me here the 11 th for their Advice before I returned him
an Answer ; but by the Express sent Letters to New Bern and Edenton
to give Notice to the several Colonels of Militia to assemble their
Regiments and let me know what Number each had who were ready
and fit for service, and to have them ready in order to be draughted
to send Detachments if necessary immediately to the Frontiers;
having before upon the Murders committed last Summer sent Major
Waddell with the greatest part of our 2 Companies of provincials to
protect the Frontier Inhabitants, and gave him a Colonel's Commis-
sion with a Power of assembling and Commanding the 3 frontier Regi-
ments of Militia of Anson Rowan and Orange if the Incursions were
continued ; upon the Meeting of the Council we agreed that I should
send an Express to Col Waddell to assemble these Regiments of
Militia, and if War shou'd be declared to join and cooperate with the
Forces sent by Gov r Lyttelton, or with the Virginia Forces in Case it
wou'd be necessary to join them to relieve Fort Loudoun, and to
follow such Orders as he should receive from Gov r Lyttelton, and
have ordered him a Supply of Barrils of Gunpowder and 4000 weight
of Bullets Swan Shot and Lead, & 1500 Flints, of this I acquainted
Governor Lyttelton by Express the 12 th & the other Detachment
shou'd follow if necessary; This is all that is in my Power to do until
our Assembly meet at Wilmington the latter End of next Month
which is the soonest they can attend, and in Case a War must be
proclaimed have told him my Opinion that the 3 Southern Provinces
of Virginia and the Carolinas shou'd exert their whole force, enter
into and destroy all the Towns of those at War with us, and make
as many of them as we shou'd take their Wives and Children Slaves,
by sending them to the Islands if above 10 Years old, as the Indians
use our Men &c. when taken Prisoners and not killed and scalped,
and to allow £10 for every Prisoner taken and delivered in each
Province, I have desired Mr. Lyttelton to give me Advice by Return
of my Express what further I can do to assist him.
Since that Vessel arrived from Charlestown which left it the 12 th
and arrived here yesterday, which has brought Advice by Letters
that their Assembly had voted 1500 Militia to be immediately drawn
together, and that Governor Lyttelton proposed marching at their
head with the Independent Companies and Provincials and what
Volunteers will join him to attack the Cherokees, and advise further
62 COLONIAL RECORDS.
that an Express arrived there the 10 th dispatched from Keowee a
Cherokee Town, that Atkin his Majesty's Agent for Indian Affairs,
upon holding a Conversation or Talk with one of the Chiefs of the
Creeks (I suppose of the Creeks near Alaharaa Fort) an Indian of
that Tribe rushed into the Room and with his Hatchet struck Mr.
Atkins over the head and repeated the Blow which laid him sense-
less on the Ground, and repeated the Stroke which fell short and
wounded one of his Attendants who fled to another of their Towns,
it was not known whether he was killed or not, but it is said the In-
dians seized the Assassin in order to be punished. — The Man who
escaped sent off a Messenger to Keowee which was sent down to
Charlestown ; upon which the Alarm Gun was fired at Charles Town
for the Militia of the Province to assemble.
This is the base Manner in which the French prevail with the
Indians to engage them into a War with these Colonies, & therefore
they can haye no Peace or Safety whilst a French Power is left on
this Continent — . I hope the glorious Success of his Majesty's Arms
under the Conduct of Providence will extirpate the French from this
Continent as well as the American Islands by the wise and intrepid
Measures pursued by his Ministry and the Valour of our Troops by
Sea and Land.
I am with great Respect Sir &c
Brunswick ARTHUR DOBBS.
14 Octob r 1759.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
A Hymn to be sung on the Day of Thanksgiving to the 100 Psalm
Tune.
To God, our God's Almighty Name
Let Britons all their Voice raise,
And publish by the Mouth of fame
In songs of Joy our Saviour's Praise.
For when surrounded and at Bay
By mighty powers gainst Britain join'd,
Our Allies Country made a prey
By papal pow'rs jointly combin'd,
COLONIAL RECORDS. 63
Then Christ our God commenced his Reign,
And o'er our Councils did preside,
Did o'er our Fleets and Armies deign
To rule, and all their Actions guide.
The glorious Dawn, the Morning Star
Which ushers in the Sun of Light
Thro the bright glade extended far,
And vanquished all the Powers of Night.
His Church from papal Thraldom freed
And Gallic Powers united Force,
His Great Vicegerent he decreed
O'er Britain's Isle to steer his Course.
From Wood the British Lion roars
Uprears the Christian sanguine Cross,
O'er Eagle, Beast, triumphant roars
With angels riding the white horse.
The happy Era now is nigh
When Gentile Isles receive their King,
When the Earth's utmost Bounds with Joy
In hymns our Saviour's Praises sing.
Let Glory be to God on high,
And on Earth Peace, Good will to Man
Hallelujah our God is nigh,
His Day of Rest is now began.
The Kingdoms of this World begin
To be the Realms of God and Christ;
From the false Prophet, Beast and Sin
For ever freed, and false high Priest.
Now our Redemption is disclosed,
In Heaven's bright Temple long confin'd,
The Cov'nant made with Man exposed,
Decree of the eternal Mind.
*
Now Angels charged with Vials dire
Of God's Great Wrath gainst papal Beast,
Are poured forth in God's great Ire
O'er Beast, false Prophet, Heathen Priest.
64 COLONIAL RECORDS.
Let Angels then in Chorus sing
With us in Hymns of Joy abroad
Hosanna to our Saviour King,
Hosanna to his Christ our God.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Sir, [Secretary Pitt]
Having the Opportunity of a Vessel's sailing from hence for Lon-
don, and having wrote to you of the Situation we are in in Expec-
tation of an Indian War by the Insolence of the Cherokees lately
from hence and the attempt to assassinate Mr. Atkins his Majesty's
Agent, I think it my Duty to acquaint you that Mr. Atkins was only
wounded, and the Creeks secured the Indian who made the Stroke,
so that we don't apprehend any Danger from the Creeks.
The lower Cherokees have since sent down a Deputation to Charles-
town to endeavour to accommodate Matters, but as the upper Towns
who committed the Murders and are still making Inroads have made
no Overtures ; I have this day, by Express from Gov r Lyttelton, who
proceeds to Virginia, an Account that he had ordered the Troops
&c to march the 24 th to the Frontier, and he was to follow in a few
days desiring that I would send Orders for our Provincials and
Militia to co-operate with him, which I have ordered, and if Matters
can be accommodated upon the Frontierfand they give up the Mur-
derers or put them to Death, he will then settle Matters, if not proceed
against them with Vigour.
When he wrote he had not the Account of our glorious Success
and Reduction of Quebec, tho with the Loss of brave Gen 1 Wolfe,
upon which I sincerely and heartily congratulate you, as also upon the
glorious Victory over the French in Germany, which secures to his
Majesty the Possession of his Conquests in America; upon this
Success I expect the Cherokees must submit and give us Satisfaction.
The glorious and remarkable Interposition of divine Providence
against such superior Numbers will I hope induce his Majesty, by
your active and intrepid Administration with the Unanimity of the
Ministry and Parliament to pursue his Conquests until the French
be expelled from this Continent and Mississippi and Mobile, to which
we have a prior Right, and which is absolutely necessary for the
Peace and Safety of these Colonies to be put in his Majesty's
COLONIAL RECORDS. 65
Possession, and also the Sugar Islands which will effectually ruin the
French Marine, and give future Peace to Britain. Upon Account of
such glorious Success I have appointed a Day of solemn Thanksgiving,
and upon this happy Event and important Crisis have composed a
Hymn to be sung that day through this Province, which I beg leave
to send to you, as being at present conformable to all the Prophecies
according to my Interpretation of them at this happy Era 1760. —
for during the whole War I have been .a little Enthusiastic in my
Expections ; as the Object of my Wishes for Dear these 30 years in
regard to the British Dominion over North America is now so near its
Accomplishment.
I beg pardon, Sir, for thus trespassing upon your Patience and
Time, but my heart is so full of Joy that I must give it vent and
wish that you may long enjoy the Effects which your Zeal and
intrepid active Administration has procured to the true Protestant
Church and Liberties of Britain to the endless Glory of his Majesty
and his illustrious Family.
I am with great Respect Sir &c
ARTHUR DOBBS.
Brunswick
31 st Oct r 1759.
[From MSS. Records in Office of Secretary of State.]
North Carolina* —
George the Second by the Grace of God of Great Britain, France
and Ireland King &c. To all to whom these Presents, shall come
Greeting,
Know ye that we reposing Special Trust and confidance in the
loyalty Integrity and Abilities of our trusty and well Beloved
Thomas Child Esquire have Constituted & appointed and Do hereby
Constitute and appoint him the said Thomas Child our Attorney of
and in our Province of North Carolina, To have hold, Exercise and
Enjoy during our Pleasure and his Residence within our said Pro-
vince the office Powers and authorities of Atty General of our Said
Province with all and Singular the fees Salaries, Perquisites, Privi-
leges and Emoluments thereto belonging and in all Things whatever
relative to the office of our Attorney General of our s d Province to Act
and do as to the duty thereof doth really and truely appertain, In Tes-
timony whereof we have Caused these our Letters to be made Patent.
. Vol. VI— 5
M . " COLONIAL RECORDS.
Witness our Trusty and well Beloved Arthur Dobbs Esq r our
Captain General, Governor and Commander in Chief in and over
our said Province under his hand & the Seal of our s d Province at
Brunswick the sixth day of November 1750 in the 33 rd year of our
Reign.
ARTHUR DOBBS
By his Excellency's Comm d
Rich 3 Spaight. Sec'y
Recorded the 11 th Nov. 1750 at Newbern in the Secty's office &
Exam d
RICH d SPAIGHT Secretary
[From MSS. Records in Office of Secretary of State.]
th Nov. 1750
North Carolinas —
George the Second by the Grace of God King of Great Britain
France and Ireland, Defender of the Faith &c. To all whom these
presents shall come Greeting —
Know ye That we being well assured of the Loyalty, Integrity and
Abilities of our trusty and well beloved Charles Berry Esquire, Have
constituted and appointed and Do hereby constitute and appoint him
the said Charles Berry Chief Justice of and in our Province of North
Carolina, To have, use and exercise during our pleasure and his
Residence within our said Province the office Powers and authorities
of the Chief Justice of the same Province and to hold the Courts of
Judicature by and before our Chief Justice of our said Province
appointed to, be held at such times and in such places as the same
are, ought, may or shall be directed to be held within our said Pro-
vince, And to do and Act in the premises as fully and amply and in
as full and ample manner as any Chief Justice of our Said Province
heretofore hath or of right ought to have done and acted, and to
have, take receive and enjoy the Rights, Profits, Privileges and
Emoluments to the office of Chief Justice of our said Province
belonging, And in all things whatever, relating to the duty and office
of our Chief Justice as aforesaid to perforin and Execute the same
according to the Laws and Statutes of our province aforesaid.
In Testimony whereof we have caused these our Letters to be
made patent.
Witness our Trusty and well beloved Arthur Dobbs Esquire, our
Captain General, Governor, and Commander in Chief in and over
COLONIAL RECORDS. 67
our said Province under his hand, and the Seal of our said province
at Brunswick the sixth day of November, One thousand seven hun-«
dred and fifty nine, In the Thirty third year of our Reign
ARTHUR DOBBS
[Endorsement]
I do hereby certify that Chas. Berry Esq 1 on the 6 th Day of Decem-
ber 1759. Qualified as Chief Justice of the Province of North
Carolina before his Excellency the Gov r In Council, According to
Law.
RICH* SPAIGHT. Sec'y
[B. P. R. O. B. T. Journals. Vol. 67.]
BOARD OF TRADE JOURNALS.
Wednesday January 17 th 1759
Present
Mr. Oswald. Mr. Jenyns.
Mr. Hamilton. Mr. Sloper.
Read a letter from Arthur Dobbs Esq, Gov 1 of North Carolina to
the Board dated 30 April 1758 respecting the raising of troops for
the public service & inclosing
Gov. Dobbs Speech to the Council & Assembly.
Address of the Council to the Governor
Gov" Answer to the Council's address.
Address of the Assembly to the Gca- r
Gov" Answer to the Assembly's Address
Proclamation for a public fast
Copy of the Journal of the Council in Nov & Dec. 1757.
Journal of the Upper House of Assembly from 22 Nov. to 14
Dec. 1757.
Journal of Assembly from 22 Nov. to 14 Dec. 1757.
Reports of the Committee of both Houses appointed to examine
& state the public accompts in Nov r Session 1757
Thursday. January 18 th 1759.
Their Lordships took into consideration the following Acts passed
in the Province of North Carolina together with Sir Matthew Lamb's
Reports thereupon Viz: —
68 COLONIAL RECORDS.
An 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 pass d Jan ry 1755.
An Act to restrain the exportation of had and unmerchantable
tobacco and for preventing frauds in His Majesty's Customs. Passed
January 1755.
An 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 accounts.
Passed Jan ry 1755.
It appearing to their Lordships that the Law for appointing Par-
ishes and Vestries etc might operate to the prejudice of and interfere
with the ecclesiastical jurisdiction of the Bishop of London, the
Secretary was ordered to send his Lordship a copy thereof for his
sentiments upon it,
Ordered that the Secretary do transmit a copy of the Act to
restrain the exportation of bad & unmerchantable tobacco &c. to the
Secretary to the Commiss™ of the Customs and desire him to lay it
before the Board to the end their Lordships may be informed whether
the said Act does or does not affect or interfere with His Maj Revenue
of Customs or Regulations made for the importation of tobacco into
this Kingdom.
Tuesday. January 23 rd 1759.
Their Lordships took into consideration an Act passed in the
Province of North Carolina entitled an Act to quiet the Freeholders
in the possession of their Lands and for other purposes and it
appearing that the provisions of this Act were in substance the same
as the provisions for the like purpose contained in an Act passed
some time before entitled An Act for securing the payment of Quit
Rents due to His Majesty and Earl Granville for quieting the Free-
holders in the possession of their lands and for other purposes which
Act had a clause in it suspending its execution until His Majesty's
pleasure could be Known whereas this Act by the terms of it is to
take effect immediately upon its passing their Lordships ordered the
draught of a Representation to His Majesty to be prepared proposing
that it may for that reason receive His Maj. disallowance.
Wednesday. January 24 th 1759.
The draught of a Representation to His Maj. proposing the repeal
of an Act passed in North Carolina in 1755 for quieting possessions
COLONIAL RECORDS. 69
&c. having been prepared pursuant to Order was agreed to and
ordered to be transcribed — and was signed Jan r7 31st st
Their Lordships took into consideration the following Laws passed
in the Province of North Carolina, viz: —
An Act for establishing the Supreme Courts of Justice Oyer and
Terminer & General Gaol Delivery of North Carolina passed in 1754.
An Act for establishing County Courts for enlarging their Juris-
diction and settling the proceedings therein Passed in 1754.
An Act for appointing Sheriffs and directing their duty in Office
and for- compelling Collectors of public taxes and persons entrusted
with laying out public money to apply and account for the same
Passed in 1755.
An Act for regulating Orphans their Guardians and Estates Passed
in 1755.
An Act for to amend an Act for establishing the Supreme Courts
of Justice Oyer and Terminer and General Gaol delivery of North
Carolina Passed in 1756.
Ordered that the Secretary do transmit the said Laws together
with that for providing indifferent Jurymen in all causes Civil and
Criminal &c. mentioned in the Minutes of the 18 th inst to the Chief
Justice and Attorney General of that Province now resident here &
desire them to meet together and after due consideration of the said
. . . •
Laws to report to their Lordships their opinion thereupon.
Tuesday. February 20 th 1759.
Read a letter from Mr. Wood Secretary to the Comm" of the Cus-
toms dated Feb ry 17 th 1759 to Mr. Pownall containing the opinion of
the said Comm rs upon an Act of North Carolina to restrain the
exportation of bad & unmerchantable tobacco and for preventing
frauds in His Maj. Customs.
Their Lordships took the said Act into further consideration and
agreed that the same should lye until the further operation and
effect of it might be known.
Read a letter from the Lord Bishop of London dated Fulham 19
February 1759 containing his observations upon an Act of North
Carolina for appointing Parishes & Vestries &c. stating the measures
he had taken for regulating & ascertaining ecclesiastical and episco-
pal jurisdiction in the Colonies & inclosing Some Considerations
humbly offered to the King in Council by Thomas Bishop of Lon-
don relating to ecclesiastical Government in His Maj. Dominions in
America.
70 COLONIAL RECORDS.
Their Lordships took into consideration the above mentioned Act
of North Carolina for appointing Parishes and Vestries &c. and
after some time spent therein ordered the draught of a Representa-
tion to His Majesty to be prepared proposing its repeal. — which was
agreed to and ordered to be transcribed Feb ry 21 st and was signed
Feb ry 27 th
Tuesday. February 27 th 1759.
Read a Report of the Chief Justice and Attorney General of North
Carolina upon several laws of that Colony referred to their consid-
eration on the 24 th Jan 17 last
Ordered that the said Report & Laws be taken into further con-
sideration on Tuesday 6 th March and that the Secretary do give
notice to the Chief Justice and Attorney General to attend on that
day.
Tuesday. March 6 th 1759
Their Lordships took into further consideration the Report of the
Chief Justice and Attorney General of North Carolina upon several
laws passed in that Province since Gov r Dobbs administration and
the Chief Justice and Attorney General attending as desired they
were called in and their Lordsh^s had some discourse with them
upon the subject matter of the said Laws
It appearing that no notice was taken in their Report of two of the
'Laws referred to them Viz: that for appointing Sheriffs & that for
regulating Orphans their Guardians and Estates the said Laws were
redelivered to them and they were desired to consider thereof and
report their opinion thereupon to the Board and then they withdrew.
Friday. March 16 th 1759.
Read a Memorial of the Merchants of London & others interested
in & trading to the Province of North Carolina complaining of two
Acts passed there in 1748 & 1754 for emitting Paper Bills of Credit
Ordered that the said Memorial be taken into consideration on
Thursday 22 d inst. and that the Secretary do give notice thereof to
the Merchants and desire their attendance on that day.
Wednesday. March 2S th 1759
Present Earl of Halifax
Mr. Rigby Mr. Jenyns.
Mr. Hamilton. , Mr. Sloper.
The Auditors of His Maj. Revenue in America
Their Lordships took into consideration the Memorial of the Mer-
chants of London & others interested in & trading to the Province
COLONIAL RECORDS. 71
of North Carolina complaining of two Acts passed there in 1748 and
1754 for emitting Paper Bills of. Credit and several Merchants &
others interested in the said Province attending without they were
called in and their Lordships having heard what they had to offer
upon the subject matter of the said Memorial they withdrew.
Their Lordships after some time spent in the consideration of
this affair ordered the draught of a Representation to His Majesty
to be prepared proposing that an additional instruction should be
sent to the Governor of North Carolina directing him to recommend
to the Council and Assembly to pass an Act for amending the said
Laws of 1748 and 1754 by making provision that all debts due
upon contract for sterling money before they were passed shall be
dischargeable in sterling money only and that all debts contracted
since or hereafter to be contracted for sterling money be made pay-
able in the said Bills of Credit (if the Creditor is willing to accept
the same and not otherwise) not according to the nominal value but
according to the actual difference of exchange between such paper
bills of credit and sterling money at the time of making such pay-
ment and further that provision be made that the Paper Bills of
Credit issued by virtue of the said Laws or any Laws hereafter to
be passed for issuing Paper Bills of Credit be expressly declared not
to be a legal tender in payment of His Maj. Quit Rents or any other
His Majesty's Revenue.
Tuesday April 3 rd 1759.
The draught of a Representation to His Majesty upon the Memo-
rial of the Merchants of London and others interested in and trading
to North Carolina complaining of two Acts passed there in 1748 &
1754 for emitting Paper Bills of Credit having been prepared pur-
suant to Order was agreed to & ordered to be transcribed — and was
signed April 10 th
Read a Report of the Chief Justice and Attorney General of North
Carolina (without date) upon two Acts passed in North Carolina in
1755 the one for appointing Sheriffs and directing their duty in
Office &c. the other for regulating Orphans their Guardians and
Estates.
Their Lordships took the said Report and Acts into consideration
together with several other Acts passed in the said Province for
establishing and regulating Courts and Administration of Justice
mentioned in the Minutes of 24 th Jan ry l»st and after some time spent
iZ
COLONIAL RECORDS.
therein ordered the draught of a Representation to His Maj. to be
prepared proposing that the following Acts may be repealed Viz :
An Act for establishing the Supreme Courts of Justice Oyer and
Terminer and General Gaol Delivery of .North Carolina.. Passed in
1754.
An Act for establishing County Courts for enlarging their juris-
diction and settling the proceedings therein. Passed in i755.
An 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. Passed in 1755.
An Act to amend an Act for establishing the Supreme Courts of
Justice 0} r er and Terminer and General Gaol Delivery of North
Carolina, Passed in 1756.
An Act for regulating Orphans their Guardians and Estates.
Passed in 1755.
Read a letter from Arthur Dobbs Esq. Gov: of North Carolina
dated 20 Dec. 1758 inclosing
Gov. Dobbs Speech to the Council and Assembly.
Council's Address to Gov r Dobbs
Assembly's Addres to D°
Titles of Twenty Acts passed in North Carolina Dec. 175S.
Tuesday April 10 th 1759.
The draught of a Representation to His Majesty proposing the
Repeal of several Acts passed in North Carolina in 1754 1755 and
1756 having been prepared pursuant to order was agreed to and
ordered to be transcribed — and was signed 1 2 ,h of April.
Wednesday April 25 th 1759.
Read a letter from Arthur Dobbs Esq. Gov* of North Carolina
dated Brunswick 22 d Jan ry 1759 containing a variety of matters
respecting the proceedings of the Council ifc Assembly and the state
of the Province in general and inclosing
Reports of the Committees of both tlouses of Assembly held at
Edenton to examine state ife settle the public accounts of this Pro-
vince the 25 th day of Nov r 1758.
Reports of the Committee of Public Claims held at Edenton
Monday Nov. 27. 1-758
Tuesday May 22 ud 1759.
Letter to Mr. Secretary Pitt desiring that lie would move His
Majesty that Benjamin Turner may be appointed Naval Officer of
COLONIAL RECORDS. 73
North Carolina in the room of Benjamin Wheatley deceased and
inclosing Warrant in the usual form in case His Majesty shall approve
such recommendation was signed
Wednesday May 23 rd 1759.
Read an Order of the Lords of the Comm* 86 of Council for Planta-
tion Affairs dated 20 th April 1759 approving a Representation of this
Board upon a Memorial of the Merchants of London and others
trading to and interested in the Province of North Carolina in which
they complain of two Acts passed there in 1748 & 1754 for issuing
Paper Bills of Credit and directing the Draught of an Additional
Instruction conformable thereto to be prepared.
The Draught of an Additional Instruction to the Gov r of North
Carolina containing directions with respect to the subject matter of
the said Complaint having been prepared was agreed to & ordered
to be transcribed as was also the Draught of a Report to the Lords
of the Committee of Council thereupon.
Thursday May 24 th 1759.
The Draught of a .Report to the Lords of the Committee of Coun-
cil with the Draught of an Additional Instruction to the Governor
of North Carolina, authorizing him to recommend it in His Majesty's
name to the Council & Assembly to pass an Act for amending two
Acts passed in 1748 and 1754 mentioned in yesterday's Minutes was
signed.
Friday. June 1 st 1751).
Their Lordships took into consideration the several letters received
from the Governor of North Carolina since the Board's last letter to
him and the Draught of a letter to him in answer thereto was agreed
to transcribed and signed.
Tuesday. June 19 th 175!)
Read a Petition of Thomas Child Esq re appointed Attorney Gen-
ral of North Carolina in 1745 stating his intention of speedily going
over to that Province and praying that he may have his Maj. license
to resume and exercise his Office of Attorney General upon his
arrival
Ordered that the said Petition be taken into consideration tomor-
row morning and that Mr. Child be desired to attend.
Wednesday June 20 th 1751).
Their Lordships took into further consideration Mr. Child's Peti-
tion mentioned in yesterday's Minutes and Mr. Child attending as
74 COLONIAL RECORDS.
desired their Lordships had some discourse with him thereupon and
then he withdrew and a question arising whether his Commission of
Attorney General of North Carolina was not expired by its own
limitation it was ordered that the Draught of a Representation to
His Majesty should be prepared proposing that he may have a new
appointment — which was agreed to, transcribed and signed June 21 st
Wednesday July 18 th 1759.
Their Lordships then took into consideration an Act passed in
the province of North Carolina in Dec. 1757 intituled
An Act to dock the entail of certain lands now in possession of
Harding Jones under a devise in the Will of Frederick Jones Esq.
his Grandfather deceased by whom the same were entailed, to-
gether with Sir Matthew Lamb's Report thereupon and ordered
the draught of a Representation to His Majesty to be prepared pro-
posing that it may be confirmed. — which was agreed to, transcribed
and signed July 24 th
Wednesday July 25 th 1759.
Read a letter from Arthur Dobbs Esq. Gov r of North Carolina
to the Board dated 18 May 1759 respecting his refusing his assent
to the Aid Bill and observations upon two other Acts passed & in-
closing
Address of the Council to the Governor
Address of the Assembly to Governor Gov. Dobbs' Speech to the
Assembly upon their prorogation
A Bill for granting an aid to His Majesty to augment the Troops
now in the pay of this Province &c.
Minutes of Council from 26 Nov r to 23 Dec. 1758.
Minutes of Assembly from 23 Nov r to 23 Dec. 1758
Minutes of Council in Assembly from 23 Nov to 23 Dec. 1758.
Five Acts passed the 4 th May and twenty passed the 22 Dec. 1758.
Ordered that the said Acts be sent to Sir Matthew Lamb for his
opinion upon them in point of law.
.'Ordered that the draught of a letter to the Gov' of North Caro-
lina in answer to the above be prepared. — which was agreed to,
transcribed and signed on August 1 st
Wednesday. August 1 st 1759.
Their Lordships took into consideration the following Acts passed
in North Carolina, Georgia and Jamaica together w T ith Sir Matthew
Lamb's Reports thereupon, viz:
COLONIAL RECORDS. 75
An Act to empower the Justices of the Supreme Courts to take
the acknowledgement or proof of deeds & for. allowing them a Sal-
ary Passed in North Carolina in Dec. 1757.
and after some time spent therein Representations to His Majesty
praying that the said Acts of Georgia may be approved and those
of North Carolina and Jamaica disallowed, were signed.
Wednesday December 12 th 1749.
Read a letter from Arthur Dobbs Esq re Gov 1 ' of North Carolina to
the Board dated 11 th Sept. 1759 acknowledging the receipt of their
Lordships letter of 1 June and of His Maj. Order repealing the
seven Acts — giving a state of the Council and inclosing
Journal of the Upper House of Assembly from 23 rd Nov. to 23
Dec. 1758.
Journal of the Lower House of Assembly from the 8 th to the 18 th
of May 1759.
[From MSS. Records in Office of Secretary of State. J
COUNCIL JOURNALS.
At a Council held at Wilmington on the first day of March 1759.
Present — His Excellency Arthur Dobbs Esq r Governor
fMathew Rowan Lewis De Rossett "1
The Hon ble i ^ ames Hasell Edw d Brice Dobbs I E „
I James Innes and f ' *
(^ John Swann Rich d Spaight J
Read and Granted several Warrants for Land as per Warrant Book
At a Council held at Wilmington on the second day of March 1759
Present — His Excellency the Governor
Mathew Rowan Lewis De Rossett
James Hasell Edw d Brice Dobbs
The Hon Me -.
•James Innes and
Esq"
l^John Swann Richd Spaight
His Excellency the Governor and the Council sat in Chancery
and went through the Docquet
Ordered that the Hon ble James Hasell and* Lewis De Rossett Esq™
be appointed to Tax all Bills of Costs to be brought before them
between this and next Court.
76 COLONIAL RECORDS.
At a Council held at Wilmington the third day of March 1759
Present — His Excellency the Governor
fMathew Rowan Lewis De Rossett
rni TT ble James Hasell Edw d Brice" Dobhs T ^ r3
The Hon l,IC - r T t Esq rs
James Innes and 1
^John Swann Richard Spaight J
The Receiver General laid before the Board a Letter from the
Auditor General to the Deputy Auditor of this Province in regard
to -the present Officers of this Establishment being paid in preference
to the arrearages due to former Officers and desired the opinion of
the Board concerning the same
Resolved that it is the opinion of this Board* that the present
Officers of this Establishment should be paid one years Salary and
until such time as the Lords of the Treasury shall signify their
Pleasure thereupon all arrears to be paid in proportion to the arrears
due.
His Excellency laid before the Board the following Resolutions of
the Lower House of Assembly,
N Carolina Wednesday 20 th Dec 1- 1758.
"The Assembly taking into Consideration the necessity of having
some person of known ability and Integrity to represent their faith-
full services and steady attachment to His Majesty and to make
known the circumstances of the Province at the Publick Boards in
England.
Resolved that James Abercrombie of London Esq 1 be appointed
Agent for this Province for the purposes aforesaid, And that he for
his Services and Expences be allowed and paid with his Majestys
Approbation One hundred and fifty pounds p ami. out of the Fifty
Thousand pounds Granted by his Majesty and Parliament to North
and South Carolina and Virginia towards Reimbursing the said
Provinces a part of the Expence they have been at in defending his
Majestys Rights and Possessions in North America, And that the
Agency of the said James Abercrombie commence on the first day
of March next and continue for the space of Two years.
Resolved that Samuel Swann Thos. Barker. John Starkey, George
Moore John Ashe Esq rs be appointed a Committee to correspond
with the said James Abercrombie and that they from time to time
as required do lay before the Assembly all such Letters dispatches
and advices as they shall Transmit to and receive from him
A true copy— W m HERRITAGE Clk of Ass y
COLONIAL RECORDS. 77
Upon reading the above Resolutions of the Lower House of As-
sembly, It is the Opinion of this Board that Samuel Smith Esq r of
London be appointed Agent to sollicit and represent the affairs of
this province at the several Boards in England..
His Excellency having laid before the Board the necessity of
Issuing a Procl. to inform the Inhabitants of this Province that
upon the Death of any of the members of Assembly for the Coun-
ties of Bertie, Tyrrell Northampton, Edgcomb Hallifax, Granville
Rowan, Johnston, Dobbs, Onslow, New Hanover, Duplin, Bladen,
Cumberland and Anson, and the Towns* of New Bern, Edenton and
Wilmington, or upon a Dissolution no writs of Election could issue
unless they take out Charters agreeable to his Majestys Instructions
Resolved that it is the Opinion of this Board that his Excellency
do Issue his Proclamation accordingly
Upon hearing the Caveat John Pitman agt Abner Neale — It is
ordered that the Caveat be discharged and that a Warrant Issue to
the said Abner Neale.
Upon hearing the Caveat John Arthur agt Rossi ter Simpson, It
is Ordered that the Caveat be discharged and that a Patent do issue
Upon hearing the Caveat Tho s Taylor and Benj a Weston agt W m
Teague, It is ordered that the Caveat be discharged and that a
Patent do issue.
Upon reading the Petition of John Physock — It is ordered that
his old Patent be altered agreeable to the Resurvey and that the
Record be also altered and the new Plann be annexed to the Patent.
Upon Reading the Petition of Joseph French — It is ordered that
the Patent of John Petiver be altered agreeable to the Resurvey
Upon reading the Petition of Eunice Carruthers, David Palmer,
and William Powell setting forth that the said David Palmer,
William Powell and one Rob. Carruthers deceased obtained Warrants
for 200 acres of Land on Brices Creek in Craven and for other 200
acres of Land upon Trent in the said County and Praying that a
Patent might issue to the Pet r Eunice Ex r of said Robert Carruthers
for the Land on Brices Creek and also "a Patent to the Petitioner
William Powell for the Land on Trent River which was granted and
ordered accordingly.
Upon reading the Petition of Williani Whitehouse It is ordered
that his Patent be altered agreeable to his Resurvey.
Upon reading the Petition of Joseph Masters setting forth that he
purchased from one John McCubbins a parcell of Land in Craven'
County, for which said McCubbins had a Warrant which Land has
78 COLONIAL RECORDS.
been lately surveyed and the said John McCubbins have withdrawn
himself out of this Province
It is ordered that a Patent do issue to the said Joseph Masters oh
the said Warrants
Read and Granted several Patents for Land as per Patent Book.
Upon the Receiver Generals laying before this Board the difficulty
of Executing his Office by reason of the Sheriffs neglecting to Receive
the Quit rents agreeable to his Majestys Instructions.
Resolved that it is the Opinion of the Board that upon the neglect
or refusal of Sheriffs to Collect the Quit rents the Receiver General
shall have Power to appoint a person to collect the same, and that
he be allowed the same perquisite the Sheriff be allowed for so doing.
Upon the Surveyor Generals Laying before the Board his Majestys
Warrant appointing him Surveyor General of this Province
Resolved that it is the Opinion of this Board that his Excellency
the Governor do issue his Warrant to the Surveyor General for the
surveying the several Counties agreeable to his Majesty's Instructions
At a Council held at Wilmington the fifth day of March 1759
Present His Excellency the Governor
The Hon M ° { f mes g**® , g?*i Brice Dobbs 1 E
( Lewis De Rosset Riclr Spaight j x
Upon reading the Petition of the Rev d John Bridgens It is ordered
that a Warrant do Issue for the Resurveying the said John Bridgens
Lands at New Topsail in New Hanover County.
James Jones of Craven County having appeared agreeable to
summons and gave in his answer to the Deposition of Joseph Ryal
and no person appearing ag* him was discharged.
At a Council held at Wilmington the sixth day of March 1759.
Present — His Excellency the Governor.
The Hon bIe / James Hasell Lewis De Rossett \ ^ „
\ James limes Edw d Brice Dobbs / ' ■■
Alexander M c Culloh Esq produced a Commission from the Hon" 8
and Rev d Robert Cholmondley Surveyor and Auditor General of -all
his Majestys Revenues in America appointing him the said Alexander
McCulloh his Deputy within this Province which Commission being
read the said Alex r M c Culloch took the several Oaths appointed by
Law for the Qualification of Publick Officers and the Oath of Office
Upon reading the Petition of John Morris It is ordered that a
Warrant do issue to resurvey the Lands of the said John Morris in
New Hanover County formerly the Estate of William Faris Esq r
COLONIAL RECORDS. 79
Read and Granted several Patents for Lands as p Patent Book.
Upon Reading the Petition of John Cannon, It is ordered that
the second course in his Patent dated in 1730 be altered by making
the same N° 12 W* 400 Instead of 100 poles and that the Record be
altered agreeable thereto.
At a Council held at Wilmington the seventh day of March 1759.
Present His Excellency the Governor
( James Hasell Lewis De Rosset )
The Hon* 18 < James limes Ed\v d Price Dobbs V Esq"
( John Swann Rich d Spaight J
Read and Granted several Patents for Land as p Patent Book.
Whereas several Grants for Patents have Passed this day in
Council but the Patents not made out — It is the Opinion of this
Board that as there are not any disputes concerning said Patents the
same may be perfected by his Excellency the Governor as soon as
possible and audited.
At a Council held at New Bern on Tuesday the Eight day of May
1759.
Present — His Excellency Arthur Dobbs Esq r . Governor
T James Innes John Rieusett 1
The Hon Me -f John Swann and VEsq rs
t Lewis DeRosset Rich* Spaight J
Ordered that a Proclamation do Issue for a General Fast on
Wednesday the 30 th day of May Instant,
Ordered that a Proclamation do issue to Prorogue the Assembly
until to morrow as a sufficient number of Members have not yet
attended
At a Council held at New Bern on Monday the 14 th day of May
1759.
• Present His Excellency, the Governor
( Mathew Rowan Lewis DeRossett "}
The Honble-^ James Innes and VEsq"
(John Swann Rich d Spaight j
Robert Jones Esq r his Majestys Attorney General having deposed.
upon Oa,th that he heard it was Intended by a "great Number of
Rioters to Petition the Court at Granville to silence the Depon' and
that if no such order was made to Pull Depon' by the Nose and also
to abuse the Court &c Whereupon the said Rob' Jones was directed
to apply to the House of Assembly to know what Reward they
80 COLONIAL RECORDS.
would Impower his Excellency to offer for the apprehending said
Rioters, and the House of Assembly having addressed his Excel-
lency thereupon It is ordered that a Proclamation do issue accord-
ingly.
At a Council held at New Bern on Thursday the 17 th day of May
1759
Present His Excellency the Governor
f Mathew Rowan Lewis DeRossett^)
The Hon Ue < James Innes .John Rieusett VEsq™
(John Swann Rich 1 ' Spaight j
The Hon We John Rieusett Esq r having informed the Board that
Doctor Robert Lennox was by Mistake left out of the Last Commis-
sion of the Peace for the County of Chowan
Ordered that the Chairman of the Court of the said County of
Chowan do insert the said Robert Lennox name in his Proper place
in the Commission of the Peace and Ded s for the said County
The Hon We John Swann Esq r having informed the Board that
David Thompson Esq r was by Mistake left out of the Commission
of the Peace of the County of Duplin
Ordered that the Chairman of the Court of the said County of
Duplin do insert the said David Thompson's name in the Commis-
sion of the Peace and Ded 9 for the said County.
Ordered that a new Commission of the Peace and ded 3 do issue for
the County of Bertie, and that Rob* Sumner Lillington Lockart
Peter West, Thos Slater and James Moore be added to the Commis-
sion of the Peace and Dedimus, and that Thos Barker, Needham
Bryan, Tho s Whitmell, Edw d Bryan, Tho s Turner refusing to Qualifye
and John Harrold Rob* Hunter, W m Wynns and John Harrold Jun r
Dec d and Jacob Blunt and Robt Hardy left the County and Benj n
Wynns Clerk of the Court be left out of the new Commission.
Ordered that James Shine be added to the Commission of the
Peace for the County of Craven
Upon reading the Affid of John Stark ey Esq r ordered that a Patent
Dated "20 th April 1745 to John Wallis of one hundred acres in Ons-
low on the North west Branch of New River be Countersigned
Recorded and Audited —
Ordered that the Letters of Administration formerly Granted to
Benjamin Willis on the Estate of David Braswell be revoked and
that Letters of Administration on said Estate be Granted to Rich d
Braswell and Rob* Carver.
COLONIAL RECORDS. 81
At a Council held at Wilmington on the 31 st day of August 1759
Present His Excellency Arthur Dobbs Esq 1 ' Governor
r ri ^ Tj nn bi ( Mathew Rowan John Swann 1 -^ „
ine ±ion j Jameg HaseR Lewig DeRossett j *,sq
His Excellency Informed the Board that he had Received Letters
from the Board of Trade Informing him that several Laws of this
Province had been repealed by his Majesty in Council Viz'
An Act for Establishing the Supreme Courts of Justice Oyer and
Terminer and General Goal Delivery of North Carolina
"An Act for Establishing County Courts for inlarging their Juris-
diction and settling the Proceedings therein
An Act to Provide Indifferent Jurymen in all Causes Criminal
and Civil and for an Allowance for the attendance of Jurors at-
tending the Supreme Courts.
"An Act to amend an Act for Establishing the Supreme Courts
of Justice Oyer and Terminer and General Goal Delivery of N°
Carolina
"An Act for regulating Orphans, their Guardians and Estate
"An Act for appointing Parishes and A r estrys and for the Encour-
agement of an Orthodox Clergy for the advancement of the Prot-
estant Religion and for the direction of the settlement of the Parish
Accounts
"An Act to Quiet the Freeholders in the Possession of their Lands,
and for other purposes
Resolved that it is the unanimous Opinion of this Board that the
Promulgation of such Repeal, would be attended with great confu-
sion and inconvenience to the Publick before the meeting of the
Assembly or until the arrival of his Majestys Chief Justice and At-
torney General who may be consulted thereupon
Read and Granted several Warrants for Land as p Warrant Book.
At a Council held at Wilmington on the first day of September
1759.
Present — His Excellency the Governor
rni tt we f Mathew Rowan John Swann 1 r, rs
1 ne ±ion -j_ James Hasell Lewis DeRossett / ^
Ordered — that a Patent to Francis Sumner of 640 Acres in Ons-
low County Dated 14 th Sept 1737 be Recorded
Upon reading the Petition and affid* of James Rook Ordered that
a Patent to said James Rook of 200 Acres in Onslow Dated 17 th Nov r
1743 be Recorded and countersigned by the Sec ry .
Vol. VI— 6
82 COLONIAL RECORDS.
Upon reading the Petition of Joseph Masters setting forth that he
had obtained a Patent for 400 Acres of Land in Craven County
upon Adams's Creek which he finds Interferes with the Lines of an
Elder Patent and praying a Warrant of Resurvey which is granted
and Ordered to Issue accordingly
Upon Reading the Petition of -Jacob Blount setting forth that he
had obtained a Patent in 1735 for a Parcel of Land in Craven
County on the East side of Contentney Creek said to contain 500
Acres but that by mistake of the Surveyor the Lands by means of
wrong courses being inserted is turned contrary to the intent of the
survey and Markt Bounds and Praying a Warrant of Resurvey
which is Granted accordingly
Upon Complaint being made that Valentine Wade one of his
Majestys Justices of the Peace for the County of Carteret and who
keeps a Tavern in the Town of Portsmouth in said County, Permits
suffers and encourages disorderly persons, to dance and play at cards
and dice in his house upon the Lords Day and upon reading the
afhd' of Joseph Ryall and another Affid' of said Joseph Ryall and
John Bragg
It is ordered that the said Valentine Wade appear before his
Excellency the Gov' in Council on Tuesday the 20 th day of Nov r
next at Wilmington to shew cause why he should not be struck out
of the Commission of the Peace for the said County
At a Council held at Wilmington on the 23 d Day of November
1759—
Present — The Excellency the Governor.
( Mathew Rowan John Rieusett ]
The Hon b, V John Swann and VEsq™
t Lewis De Rossett Richard Spaight j
His Excellency Ordered the 11 th and 30 th Articles of his Instruc-
tions to be Read which was Ordered to be inserted in the Journals
and are as follows. —
Article the 11 th — And whereas we are sensible that Effectual care
ought to be taken to oblige the Members of our said Council to a
due attendance therein in Order to prevent the many inconveni-
ences that may happen for want of a Quorum of the Council to
transact Business as occasion may require, It is our Will and Pleas-
ure that if any of the Members of our said Council residing in the
Province shall hereafter absent themselves from our Province and
continue absent above the space of twelve months together without
COLONIAL RECORDS. 83
leave from you or from our Governor or Commander in Chief of the
said Province for the time, and being first obtained under your or
his hand and Seal or shall remain absent for the space of two years
successively without our leave given them under our Royal Sign
Manual. Their Place or Places in our said Council shall or imme-
diately thereupon become void and that if any of the Members of
our said Council residing in our said Province shall willfuly absent
themselves hereafter from the Council' Board when duly summoned
without a Just and Lawfull Cause and shall persist therein after
admonition you suspend the said Councellors absenting themselves
untill our further pleasure be known giving timely notice thereof to
our Commissioners for Trade and Plantations in Order to be laid
before us. And we do hereby will and require you that this our
Royal Pleasure be signified to the several Members of our said
Council and that it be entered in the Council Books of our said
province as a standing Rule.
Article the 30 th —
You are not to permit any Clause whatsoever to be inserted into
any Law for Levying Money ofi the Value of Money whereby the
same shall not be made liable to be accounted for unto us here
in Great Britain and to our Commissioners of our Treasury or to our
high Treasurer for the time being and audited by our Auditor
Generals of our Plantations or his Deputy for the time being : And
we do hereby particularly require and enjoin upon the pain of our
highest displeasure to take care that fair Books of Accounts of all
Receipts and payments of all Publick Moneys be duly kept and the
Truth thereof attested upon Oath, and that all such Accounts be
audited and attested by our Auditor General of Our Plantations or
his Deputy who is to transmit Copies thereof to our Commissioners '
of our Treasury or to our High Treasurer for the time being and
that you do every half year or oftener send another Copy thereof
attested by yourself to our Commissioners for Trade and Plantations
and Duplicates thereof by the next Conveyance. In which Books
shall be specified every particular sum raised or disposed of together
with the names of the Persons to whom any payment shall be made
to the End we may be satisfied of the Right and due application of
the Revenue of our said Province with the Probability of the Increase
or Diminution of it under everv Head or Article thereof.
At a Council held at Wilmington on the 24 th Day of November
1759
84 COLONIAL RECORDS.
Present — His Excellency the Governor.
( Mathew Rowan John Riensett ]
The Hon M V John Swann and VEsq™
( Lewis De Rossett Rich d Spaight J
Whereas by His Majesty's Orders to His Excellency to have the
Several Counties in His Majesty's part of this Province to be sur-
veyed and their Bounds ascertained that no injustice may de done
in laying off the same.
It is ordered That the Several Justices and Commissioners of the
said Counties in His Majestys Part of this Province upon the Sur-
veyors giving them Notice of their Intention to run the Lines between
the several Counties do assist the Surveyors in laying out and ascer-
taining their bounds.
The Hon bte
> Esq r
At a Council held at Wilmington the 6 th day of December 1759
Present — His Excellency the Governor
Matthew Rowan Lewis De Rossett >
James Hasell John Riensett
John Dawson and
John Swann Rich d Spaight
Charles Berry Esquire appeared and Qualified as Chief Justice of
this Province by taking the usual Oaths with the Oath of Office and
declaring and subscribing the Test. Then His Excellency laid before
the Board the Instruction about the paper Currency.
At a Council held at Wilmington the 8 th Day of December 1759
Present — His Excellency the Governor.
f Mathew Rowan Lewis De Rossett ^j
The Hon ble ' James Hasell John Rieusett Ijw 8
J John Swann and "
John Dawson Rich d Spaight
There was Read and passed several Warrants for Land as p War-
rant Book.
Upon Motion, Ordered That William Case Esq r one of His Majes-
tys Justices of the Peace for Duplin County appear on Wednesday
the 26 th Instant to answer such Charges as may be made against him.
At a Council held at, Wilmington the 18 th Day of December 1759
Present — His Excellency the Governor.
COLONIAL RECORDS. 85
{Mathew Rowan Lewis De Rossett ^
James Hasell John Rieusett I E
JohnSwann and L
John Dawson Rich d Spaight
On Motion Ordered That a New Commission and Dedimus issue
to the Coimty of Cumberland.
At a Council held' at Wilmington the 22 d Day of December 1759.
Present — His Excellency the Governor
( Mathew Rowan Lewis De Rossett "|
The Hon bl V James Hasell and VEscf
( John Dawson Rich d Spaight J
Several Warrants and Patents for Land were Read and Granted
as p Warrant and Patent Books. .
LEGISLATIVE JOURNALS.
[B. P. R. O. North Carolina. B. T. Vol. 30.]
North Carolina — ss.
At an Assembly begun & held at New Bern the Twelfth day of
December in the Year of Our Lord One Thousand seven Hundred
& Fifty Four, and in the Twenty Eight Year of the Reign of Our
Sovereign Lord George the Second by the Grace of God of Great
Britain, France, & Ireland King Defender of the Faith etc. and con-
tinued from thence by several Prorogations & Adjournments to
Tuesday the Eight day of May in the Year of Our Lord One Thou-
sand seven Hundred and Fifty Nine at New Bern being the Eight
Session of this present Assembly.
In the Upper House
Present
{James limes John RieussetU)
JohnSwann & VEsq"
Lewis De Rossett Rich d Spaight j
Then the House adjourned until to-morrow morning 9 o'Clock
Wednesday 9 th of May 1759. The House met according to Ad-
journment.
86 COLONIAL RECORDS.
Present.
( James Innes John Rieussett ")
The HoirW John Swann & VEsq™
( Lewis De Rossett Rich d Spaight J
His Excellency the Governor came to House & sent a Messenger
to the Assembly & commanded their Immediate Attendance. Where-
upon the Speaker attended by the Assembly waited on His Excel-
lency in the Council Chamber where he was pleased to make to both
Houses the following Speech.
Gent" of His Majesty's Council, Mr. Speaker & Gen' of the
Assembly.
I have by His Majesty's Express & repeated Orders communicated
to me by Mr. Secretary Pitt, called you together at the shortest notice
possible to lay His Orders before you, that you would exert your
utmost force at this Critical Period, when the Divine Providence has
so manifestly appeared in favour of the true Protestant Christian
Church, & Cause of Liberty.
The Critical and I hope I may say the happy moment is arrived
which is to determine the fate of the British Empire in America,
and the future Peace, safety, Liberty's and Possessions of all the
British Colonies on this Contin*
Our great God and Saviour by the surprising success of His
Majesty's Arms has open'd to us a Passage, to expel our inveterate
& insatiable Enemies from this Northern Continent, provided we
follow the Stroke, and with suitable Zeal, alacrity and dispatch, exert
our force in Conjunction with the regular Troops. His Majesty
having by his wise Councils & Vigorous measures exerted the whole
power of Britain an immense Expence to finish the War this Cam-
paign by driving the French from this Continent which can only
prevent our having any further trouble or Expence from such
Hereditary & inveterate Enemies.
Gent™ — You have it now in your Power by raising a suitable Force,
to join in the present Operations wherever called for at an expence
which will scarcely be felt by the Community, to be eased of all
future extraordinary Taxes to secure your future peace, Religion,
Liberties & Possessions & secure the friendship of all the Indians &
enjoy the Trade of this Northern Continent without a Rival
I am therefore fully convinced of your Prudence & Judgment,
from the zeal you have hitherto shown for the Rights of His Majesty
COLONIAL RECORDS. 87
on this Continent, that you will exert your force at this Critical
moment, which if delayed is never to be retrieved.
I shall therefore lay Mr. Secretary Pitt's Letters to me before you
in his most streneous words to be the spring of your movement, by
which you will find his Majesty's Goodness, in promising to recom-
mend to his Parliament next Session, a Compensation for the Expence
we shall be at, as well as what wc have been at last Campaign in
proportion to our Zeal for his Service.
I shall only add, that I shall always concurr with you in every
measure, which will support His Majesty's Rights & true British
Liberty, and promote the Peace safety Trade & happiness of this
and all the British Colonies.
This House took under their Consideration His Excellency's
Speech, and ordered the same to be read, which was accordingly
done, and the Hon bIe John Rieussett and Richard Spaight Esq" were
appointed a Committee to prepare an Address to His Excellency.
His Excellency the Governor laid before this House, the Right
Hon ble Mr. Secretary Pitt's Letters of the Ninth and Twenty Ninth
of December last which were ordered to be read ; Read the same
accordingly, Ordered that the Clerk make Copy's thereof & file them
in his office.
Then the House adjourned till 3 o'Clock P. M.
The House met according to adjournment.
Present as before
Then the House Adjourn'd till to morrow morning 9 o'Clock.
Thursday 10 th of May 1759. The House met according to Ad-
journment.
Present
{James Innes John Rieussett )
John Swann & VEscf 5
Lewis DeRossett Rich 11 Spaight J
Then the House adjourned till 3 o'clock in afternoon.
P. M. The House met according to adjournment.
Present
( Mathew Rowan Lewis DeRossett 1
The Hon bIe 1 James Innes John Reiussett J-Esq rs
(John Swann Rich d Spaight J
88 COLONIAL RECORDS.
The Committee appointed by this House to draw up an Address
in Answer to His Excellency the Governor's Speech reported they
had prepared the same which was Ordered to he Read, the same
was read, approved of, and resolved that the same stand the Address
of this House, and be entered on the Journal thereof as follows,
viz*
Sir,
Please to accept the thanks of His Majesty's ever Dutiful and
Loyal Subjects the Members of His Council for your Excellency's
Speech at the commencement of this Session.
We are highly sensible of the Divine favour so eminently mani-
fested by the great success of His Majesty's Arms during the last
Oampaign, which we hope will be furthur extended to us, so as to be
soon productive of that greatest of Blessings a safe and Honourable
Peace, securing to us & our Posterity, our Holy Religion, Liberties
& Properties. His Majestys wise and Paternal Care of his Ameri-
can Dominions, & the Prodigious exertions of the Power of our
Mother Country in their Defence appears in a very conspicuous light
to us. We should therefore make but an ungrateful return, did we
not at this Important Period, do all that lay in our Power to co-
operate with those measures calculated to secure our future safety &
happiness. We shall therefore cheerfully join with the other House
in doing whatever we are able to procure those desirable Ends.
His Majestys gracious Assurances signified by his great and wise
Minister the Hon' )le Mr. Secretary Pitt of recommending to His Parlia-
ment a compensation for the Expences we were at last and shall
be this Campaign is a further Instance of His Royal goodness, &
claims our gratefullest acknowledgements.
As well know your Excellency's sentiments regarding his Majestys
Rights, and the invaluable Blessings of British Liberty, we shall
only say that to the extent of our Abilities we shall ever endeavour
to procure those Advantage we are sensible you so ardently wish
to this, and all the other British Colonies.
Then the House adjourn'd till to-morrow morning 9 o'clock.
Friday 11 th of May 1759. The House met according to Adjourn-
ment.
COLONIAL RECORDS. 89
Present.
( Mathew Rowan Lewis DeRossett "|
The Hon ble < James Innes John Rieussett >Esq rs
(John Swann Richard Spaight )
Ordered that the Hon Ue Lewis DeRossett & Rich d Spaight Esq"
wait on His Excellency the Governor, & let him know the House is
ready to wait on him with the Address thereof, and also to desire
him to acquaint the House when he will receive it.
The above Gent" returned, and the Hon bIe Lewis De Rossett
reported, that in obedience to the Command of the House he with
the Hon We Richard Spaight Esq re waited on His Excellency the
Governor and acquainted him the House desire to know when he
will receive the Address thereof; And that His Excellency desired
their Attendance at 4 o'clock this afternoon.
Then the House adjourn'd till 4 o'clock in the Afternoon.
The House met according to Adjournment. Present as before
The House waited upon His Excellency the Governor, tfe by the
Hon We Mathew Rowan Esq re presented him with the Address thereof,
to which His Excellency was pleased to make the following Answer.
The grateful sense you express of His Majesty's Paternal Care of
these Provinces by the great Expence he has been at in defending
and securing the future peace of these Provinces, and for the favours
so manifestly testified to us by the kind hand of Providence, and
your steady zeal in concurring in all proper Measures for co-operating
with His Majesty's Troops is Very Acceptable to me, and a proof of
your Duty to the best of Kings and Constant Care for the future
peace and safety of this Province, and His Majesty's Rights in
America.
Then the House adjourn'd till to-morrow morning 9 o'clock.
Saturday 12 th of May 17.V.>.
The House met according to Adjournment.
Present.
( Mathew Rowan Lewis De Rossett ^
The Hon bl9 < James Innes & VEsq"
( John Swann Richard Spaight J
Then the House adjourned till 3 o'clock Afternoon.
P. M. The House met according to Adjournment. Present as
before. ,
Received from the Assembly by Mr. John Ashe & Major Waddle
the following Message & Resolve.
90 COLONIAL RECORDS.
Gent 11 of His Majesty's HoN ble Council,
It being Certified to this House that the Tuscorora Indians who
went on the Expedition against Fort Du Quesne under the com-
mand of General Forbes, behaved well on that Expedition, This
House therefore have resolved that the sum of One Hundred &
Five Pounds be laid out in Presents by Mr. John Campbell and
given to the said Indians as and for a Bounty & Reward for their
Services, on the said Expedition, Persuant to a Message of this
House to the Governor at the close of April Session 1758. And that
the said John Campbell be repaid the said sum out of the surplus of
the aid granted to his Majesty by an Act for granting an aid to his
Majesty for augmenting the Troops now in the pay of this Province
etc (passed the fourth day of May 1758) by a warrant for that purpose
from His Excellency the Governor, on the Treasurer of the Northern
District.
SAM SWANN Speaker
12 th of May 1759.
On Motion, Ordered the above resolve be read, read the same
accordingly, & was concurred to. Then the House adjourned till
Monday morning 9 o'clock.
Monday 14 th of May 1759.
The House met according to Adjournment.
Present.
( Mathew Rowan Lewis De Rossett 1
The Hon M V James Innes and VEsq re
(John Swann Rich d Spaight J
Received from the Assembly by Mr. Waddle & Mr. Ashe a Bill for
granting an Aid to His Majesty to augment the Troops now in the
pay of this Province, And to appoint an Agent to lay before His
Majesty proper Documents of the Service rendered by this Govern-
ment in the present War. A Bill for raising Money for finishing the
Church of S' James and S' Philip in New Hanover County by a
Lottery. And a Bill to impower the Justices of Dobbs County to hear
and determine all Causes commenced and undetermined in John-
ston County Court, before the division of the said County.
On Motion, Ordered the said Bill be read, read the said Bill the
first time and passed.
Then the House adjourned till to-morrow morning 9 o'clock
COLONIAL RECORDS. 91
Tuesday 15 th of May 1759.
The House met according to Adjournment.
Present.
( Mathevv Rowan Lewis DeRossett^j
The Hon ble < James Innes and I Esq™
( John Swann Rich d Spaight J
The House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before
Received from the Assembly a Bill for granting an Aid to His
Majesty etc.
A Bill for raising money for finishing the Church of S' James
and S* Philips etc. and
A Bill to impower the Justices of Dobbs County to hear & deter-
mine all Causes etc by Mr. Vail & Mr. Murphey.
On motion Ordered the Bill for granting an Aid to His Majesty
be read.
Read the same the second time, Amended & passed.
On motion : Ordered the Bill for raising money for finishing the
Churches of S* James & S' Philips etc be read.
Read the same the second time and passed.
On motion Ordered the Bill to impower the Justices of Dobbs
County to hear & determine all Causes etc be read.
Read the same the second time and passed.
Then the House adjourn'd till to morrow morning 9 o'clock.
Wednesday 16 th of May 1759. The House met according to Ad-
journment.
Present.
f Mathew Rowan Lewis DeRossett ~|
The Hon Wo < James Innes and V Esq"
( John Swann Rich* Spaight j
Received from the Assembly by Mr. Caswell & Mr. Wynne, A Bill
for raising money for finishing the Churches of S fc James and S*
Philips etc. And a bill to impower the Justices of Dobbs County to
hear and determine all Causes etc »
On motion Ordered the said Bills be read, Read both the said
Bills the third time and passed, Ordered to be Engrossed.
Then the House adjourned till 3 o'clock in the Afternoon.
92 COLONIAL RECORDS.
The House met according to adjournment.
Present.
{Mathew Rowan Lewis DeRossett ~J
James Innes John Rieussett >Esq r '
John Swann Richard Spaight j
Received from the Assembly by
A Bill for granting an Aid to His Majesty etc. On motion Ordered
the said Bill be read. Read the same the third time. Ordered the
following Message be sent to the Assem b,y
Mr. Speaker and Gent 11 of the Assembly.
On reading a third time the Bill "for granting an Aid to His
Majesty, to augment the Troops now in the pay of this Province,
and appointing an Agent to lay before his Majesty, proper Docu-
ments of the service rendered by this Government." We observe
you have Stet ei all those Clauses which we yesterday Dele d We
therefore propose that the Bill be put upon the same footing we sent
it last down to you, to which if your House agree please to send
such of your Members as you shall think proper to see the Altera-
tions made accordingly. For in the present situation of the Bill, we
do not think it consistent with His Majesty's Service to pass it.
Then the House adjourned till tomorrow morning 9 o'clk.
Thursday 17 th May 1759. The House met according to Adjourn-
ment.
Present.
f Mathew Rowan Lewis DeRossett "|
The Hon" < James Innes John Rieussett >Esq rs
(John Swann Richard Spaight J
Received from the Assembly the following Message. Viz*
Gent™ of His Majesties Hon M9 Council.
Upon reading of your Message of this Day relative to the Bill for
granting an Aid to His Majesty etc We observe that you propose to
strike out all that part of the Bill which constitutes an Agent to rep-
resent the Zeal & Loyalty of the Subjects of North Carolina to his
Majesty, and to lay before him and his Ministers proper Documents
of the service rendered by this Country in the present War, and
say, that you do not think it will be for His Majesty's Service to pass
the Bill unless that is done.
COLONIAL RECORDS. 93
In answer to which we must observe, that part of the Bill con-
sists of several Substantial Clauses quite independent of the other
parts which grant an Aid to his Majesty and therefore cannot either
retard or Expedite his Service, and we can't conceive why you should
insist on Expunging that part of the Bill more especially as the same
is incerted in conformity to the advice contained in the Letters of
the Right Hon We Mr. Secretary Pitt laid before the Assembly by His
Excellency the Governor, nor can we agree to the Alterations you
propose as we conceive should we so do, we should be wanting in the
discharge of the Trust reposed in us by our Constituents, And hope
you will pass the Bill as it was sent to you, this House being of
Opinion His Majesty's Service will be most effectually promoted
thereby
SAM -SWA^N Speaker.
16 th of May 1759.
On reading the above said Message, it was Ordered, that the Bill
for granting an Aid to His Majesty etc be reassumed. The same
was reassumed and put, and was rejected.
Then the House adjourned till 3 o'clock in the Afternoon
The House met according to Adjournment.
Present as before
Then the House adjourned till to morrow morning 9 o'Clock.
Friday 18 th of May 1759.
Present
( Mathew Rowan Lewis DeRosset ^
The Hon ble -l James limes and VEsq 18
( John Swann Rich d Spaight J
Received from the Assembly the following Resolve. Viz*
Cent 11 of His Majesty's Hon" 6 Council.
Resolved, That the Officers and men who were kept in Garrison
in the Forts Johnston and Granville after the Expiration of the Act
for granting an Aid to His Majesty for augmenting the Troops of
this Province to serve the last Campaign be paid the same Allowance
per Diem for the time they were so kept in Garrison as they were
intituled to for their service under the said Act of £4000 granted to
His Majesty the last Session of Assembly five Pounds Proc: Money
to each able bodied man who hath inlisted or who shall voluntarily
94 COLONIAL RECORDS.
inlist to serve his Majesty in either of the Companies by Law now
directed to be employed in Garrisoning the said Forts, and that the
said surplus or so much thereof as shall be necessary for the pur-
poses aforesaid be paid out of the publick Treasuries to the proper
Officers by a Warrant from his Excellency the Governor, and be
allowed to the said Officers in their accounts on their producing
receipts thereof from the Men To which desire your Honours Con-
currence
SAM SWANN Speaker.
18 th May 1759.
( )n Motion. Ordered the above Resolve be Read.
The same was accordingly read and concurred with.
Received from the Assembly the following Resolve Viz'
Gent" op His Majesties Hox ble Council
This House have resolved that a reward of Twenty Five Pounds
be paid out of the Publick Treasury by a Warrant from His Excel-
lency the Governor to each of the two Persons, who shall first make
a full discovery on Oath to the Chief Justice or the Attorney Gen-
eral of the Principal Persons who have been concerned in the late
Riots, Combinations, and Traiterous Conspiracies in that part of
this Province within the Right Hon ble Earle Granville's Proprietory,
on the condition of any of the said offenders. To which desire your
Honor's Concurrence.
SAM SWANN Speaker
18 th May 1759.
On Motion, Ordered the above Resolve be read. Read the same
accordingly and was concurred with.
Received from the Assembly the Estimate of Allowances Expences
and Ferriages of that House (for this Session of Assembly) for Con-
currence, to which this House concurred.
Sent to the Assembly the Estimate of the Allowances to the Mem-
bers of this House, Clerk, Officers, etc for Concurrence.
Received the said Estimate from the Assembly, Endorsed 18 th
May 1759. In the Assembly concurred with.
SAM 1 SWANN Speaker
His Excellency the Governor came to this House and commanded
the immediate Attendance of the Assembly Whereupon the Speaker
COLONIAL RECORDS. 95
Attended by the Assembly waited on His Excellency in the Council
Chamber and presented him the following Bill for his Assent, to wit.
The Bill forraising of money for finishing the Churches of S' James
and S* Philips in New Hanover County, by a Lottery.
The Bill to impower the Justices of Dobbs County to hear and
determine all Causes commenced and undetermined in Johnston
County Court before the Division of the said County.
To which His Excellency was pleased to assent and then made a
Speech to the Assembly, and prorogued them to the First Tuesday
in October next.
True Copy J n ° SMITH
C !k of the Upper House of Assembly.
[From MSS. Records in Office of Secretary of State.]
North Carolina — ss
At an Assembly begun and held at New Bern the Twelfth day of
December in the Twenty Eight 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 so forth and in the Year
of our Lord One Thousand seven Hundred and fifty four from thence
Continued by Several Prorogations and Adjournments to the Eighth
day of May in the Thirty Second year of the Reign of our said
Sovereign Lord the King to be held at New Bern being the Eighth
Session of this Present Assembly —
Tuesday the 8 lh of May 1759—
Members present
Mr Speaker
Mr. John Fonville
Mr. Thomas Smith
Mr. John Starkey
Mr. Jacob Blunt
Mr. Benj" Harvey
Mr. Stephen Cade
Mr. Joseph Sutton
Mr. Hugle Waddle
Mr. Fra a Ward
Mr. John Hardy
Mr. Isaac Jones
Mr. W m Bartram
Mr. Benj Q Wynns
Mr. W m Wyat
Mr. James Davis
Mr. Mich 1 Coutanche
Mr. Richard Caswell
and
Mr. Joseph Bell
Mr. W m Spier
Then the House adjourned till 9 o'clock tomorrow morning
90 COLONIAL RECORDS.
Wednesday the 9 th of May 1759 — The House met according to
Adjournment
Mr. William Houston one of the Members for Duplin County
Appeared and took his Seat in the House
His Excellency the Governor sent a Message to the House,
requiring the Immediate Attendance thereof in the Council Cham-
ber.
The House waited on his Excellency in the Council Chamber,
when Ins Excellency was pleased to make a Speech to this House
and His Majesty's Council
The House returned and Mr. Speaker Acquainted the House that
His Excellency had made a Speech to the Council ami this House,
a Copy of which to prevent mistakes he had obtained, which he laid
before the House, together with the Copies of two letters from Mr.
Secretary Pitt to his Excellency —
Ordered the said Speech be read, Read the same, and on Motion
Ordered the same be Entered on the Journal of the House, and is as
follows Viz'
Gentlemen of His Majestys Council, Mr. Speaker and Gen-
tlemen of the Assembly —
I have by his Majesty's express and repeated Orders, communi-
cated to me by Mr. Secretary Pitt, called you together at the shortest
Notice possible, to lay his Orders before you, that you would exert
your utmost Force at this critical Period, when the Divine Provi-
dence has so manifestly appeared in Favour of the true Protestant
Christian Church, and Cause of Liberty.
The critical, and I hope I may say, the happy Moment is arrived
which is to determine the Fate of the British Empire in America,
and the future Peace, Safety, Liberties and Possessions, of all the
British Colonies on this Continent.
Our great God and Saviour; by the surprising Success of his
Majesty's Arms, has opened to us a Passage to expell our inveterate
insatiable Enemies from this Northern Continent, provided we follow
the Stroke, and with suitable Zeal, Alacrity, and Dispatch, exert our
Force, in Conjunction with the Regular Troops, his Majesty having
by his wise Councils and vigorous Measures, exerted the whole Power
of Britain, at an immense Expence, to fmish the War this Campaign,
by driving the French from this Continent; which can only prevent
our having any future Trouble or Expence from such hereditary
and inveterate Enemies.
COLONIAL RECORDS. 97
Gentlemen — You have it now in your Power, by raising a suit-
able Force to join in the present Operations whenever called for, at
an Expence which will scarcely be felt by the Community, to be
eased of all future extraordinary Taxes, and to secure your future
Peace, Religion, Liberties, and Possessions: and secure the Friend-
ship of all the Indians, and enjoy the Trade of this Northern Con-
tinent without a Rival
I am therefore fully convinced of your Prudence and Judgment,
from the Zeal you have hitherto shown for the Rights of his Majesty
on this Continent, that you will exert your Force at this critical
Moment ; which if delayed, is never to be retrieved
I shall therefore lay Mr. Secretary Pitt's Letters to me before you,
in his most strenuous Words, to be the Spring of your Movement;
by which you will find his Majesty's Goodness, in promising to
recommend to his Parliament next Session a Compensation for the
Expence we shall be at, as well as what have been at last Cam-
paigne, in Proportion to our zeal for his Service.
I shall only add, that I shall always concur with you in every
Measure which will support his Majesty's Rights and true British
Liberty; and promote the Peace, Safety, Trade, and Happiness of
this and all the British Colonies.
Then the Hotise Adjourned till 9 o'clock Tomorrow morning-
Thursday the 10 th of May 1759 The House met acccording to
Adjournment .
Mr. John Campbell, one of the Members for Bertie County, Ap-
peared, Mr. Joseph Herron, and Mr. Edward Vail, two of the Mem-
bers for Chowan County, appeared, Mr. John Ashe, one of the Mem-
bers for Craven County appeared, and took their Seats in the House.
Received a written Message from his Excellency the Governor by
Mr. Powell, Viz'
Mr. Speaker
Having received Advice by Express from the Western Frontiers
of Several Murders committed by the Indians, supposed to be Chero-
kees, I desire to have the Advice and Assistance of the Assembly,
in what manner to protect the intimidated Inhabitants with least
expence to the Province, by fixing a sufficient Patrol e there imme-
diately
Vol. VI— 7
98 COLONIAL RECORDS.
There being a Necessity of putting such Arms as are in Store in
Order, and no Fund to pay the Workmen, it will be proper to order
a Payment for that Purpose, out of some particular Fund —
ARTHUR DOBBS.
10 th May 1759.
Resolved — the following Message be sent to his Excellency the
Governor Viz*.
Sir — In answer to your Excellencys Message in regard to the
Murders Committed by the Indians on the Western Frontiers and
requiring the Advice and Assistance of the Assembly, in what man-
ner to protect the intimidated Inhabitants with least Expence to the
Public ; and also, regarding a Provision for the payment of Work-
men, to be employed in putting sueh Arms as are in Store in proper
Order. The House are of Opinion, that by the Act of Assembly,
intituled An Act for the better regulating the Militia of this Prov-
ince ; and other Purposes ; y our Excellency is authorized to order
the Militia to march against the Enemy in Case they invade or dis-
tress the Inhabitants of this Province, and hath settled the Pay of
the Officers and Men, which shall be so employed and think it more
for the Benefit of the Public on this Occasion, that your Excellency
will please to order the Militia of the Country and those next adjoin-
ing, where the Murders were committed, to be ready and marched
for the Defence of the Frontier Inhabitants, as directed by the be-
fore mentioned Act —
The House further acquaint your Excellency, they will endeavour
to make Provision for the payment of Workmen to be employed to
put the Arms in Store in proper Order for Service S. S. S.
10 th May 1759— By Order W m H. Clk—
Then the House adjourned till to-morrow Morning 9 "Clock —
Friday the 11 th of May 1759.
The House met according to Adjournment
Mr. W m Murfree, one of the Members for Northampton County
appeared, and took his Seat in the House
On Motion, Ordered That Mr. Starkey, Mr. Ashe, Mr. Campbell,
Mr. Waddle, Mr. Wynn Mr. Caswell, and Mr. Vail prepare an Ad-
dress in Answer to his Excellency the Governor's Speech, and lay
the same before the House for Approbation —
Mr. Fonville presented a Certificate from the County Court of
Craven, recommending Richard Johnston of said County to be
exempt from paying public Dues and doing public Services —
COLONIAL RECORDS. 99
Ordered he be exempt accordingly
Then the House adjourned till 3 o'Clock Afternoon — P. M.
The House met according to Adjournment
Mr. Starkey from the Committee appointed to prepare an Address
in Answer to His Excellency the Governors Speech reported that
the Committee had prepared the same which he presented to the
House
Ordered the same be read — The same was read And Approved of —
Resolved the same stand the Address of the House and be Entered
on the Journal thereof as follows Viz'
To His Excellency Arthur Dobbs Esq, Capt General, Governor
and Commander in Chief in and over the Province of North Carolina
Sir — We his Majesty's Most dutiful and loyal Subjects the Mem-
bers of the Assembly of North Carolina beg leave to return your
Excellency our Thanks for your Speech at the Opening of this Ses-
sion. The great Advantages gained last Campaign over the common
Enemy in America, opens to us a prospect of future Peace and
Safety, the Enjoyment of our Rights and Possessions, and getting
rid of the Encroachments of the French forever hereafter on this
Continent
' And although we are most sensibly affected with the distressed
Circumstances of many of our Constituents, who, by the unreason-
able Weather last Summer, now suffer for want of Bread, and are
scarcely able to pay the Burthensome Taxes, already laid on them,
to raise the former Aids by us granted for his Majestys Service in
prosecuting this just and necessary War: Yet willing to demon-
strate our duty to the best of Kings, and Zeal for the Common Cause,
we will on this critical Event, raise such further Supplies as the
impoverished Circumstances of the Public will bear; trusting that
the Goodness of the British Parliament, upon his Majesty's Recom-
mendation, will induce them, in Compassion to the Indigency of our
Circumstances, to make us a suitable Compensation for the Expences
and Disbursements we have been at, in prosecuting the present War,
in A T indication of His Majesty's just Rights and Possessions on this
Continent, as we shall take care to authorize an Agent faithfully to
represent the same, and produce necessary Documents thereof —
We are sensible of your Excellency's steady Regard for the Service
of His Majesty, the Welfare and Prosperity of the People under your
Government, and the Trade and Happiness of all his Majesty's
100 COLONIAL RECORDS.
Subjects; and ardently, wish that your Administration may be long
and happy —
His Excellency the Governor sent a Written Message as follows —
Sir, — The Tuscarora Indians have made a Complaint to me, "that
one Humphrey Bates has settled on their Lands against their Will
which I desire you will inquire into, That Justice may be clone
them I also recommend the Indians to the Consideration of your
House for what Provisions and Necessaries they shall want during
their stay here
To Mr. Speaker. " ARTHUR DOBBS
11 th May 175!).
On Motion, Resolved, That Mr. John Fonville provide necessary
Provisions for the Indians during their stay in Town and that he be
reimbursed the Expence thereof by the Treasurer —
Then the House Adjourned till to Morrow Morning 8 O'clock -
Saturday the 12 th of May 1759 — The House met according to
Adjournment
Mr. Robt Jones jun r Appeared and took his seat in the House —
Ordered, that Mr. Campbell and Mr. Waddle wait on his Excel-
lency the Governor and let him know the House is ready to wait on
him with the Address thereof and also desire him to acquaint the
House when he will receive them —
The above Gentlemen being returned Mr. Campbell reported that
in obedience to the Command of the House he with Mr. Waddle
had waited on his Excellency the Governor and Acquainted him
the House desire to know when he will please to receive the Address
thereof —
That his Excellency returned for Answer he would receive them
in half an Hour in the Council Chamber
Mr. Speaker with the House waited on his Excellency the Gov-
ernor in the Council Chamber where Mr. Speaker presented him
with the Address of the House to which his Excellency was pleased
to return an Answer a Copy of which to prevent mistakes Mr.
Speaker Obtained —
Then the House returned and Mr. Speaker laid before the House
his Excellencys Answer which was Ordered to be read —
The same was read, and Ordered to be Entered on the Journal of
the House and is as follows Viz'
COLONIAL RECORDS. 101
The just sense you have of his Majesty's Goodness and resolution
of defending his just rights in America and securing the further
peace and Safety and Happiness of this and the other Colonies from
our Inveterate Enemies and the Hardy Zeal you have always shown
in doing your utmost in the Impoverished State of this Province
and readiness in doing your utmost to co-operate in the Cause of
Religion and Liberty I shall faithfully lay before his Majesty and
are very gratefull to me I return you thanks for your kind Accept-
ance of my Endeavours to serve his Majesty and to increase the
Trade and Happiness of this province and all his Majestys Sub-
jects which shall be my Constant Care —
It being Certyfyed to the House that Eighteen of the Tuscarora
Indians behaved well on the Expedition against Fort Du Quesne
under General Forbes Therefore On Motion — Resolved That the sum
of One Hundred and five pounds proclamation Money be laid out
in presents by Mr. John Campbell and given to the said eighteen
Indians as and for the Bounty and reward for their Services on the
said Expedition pursuant to a Message of this House to the Gov-
ernor at the Close of April Session 1758 —
Resolved — That the said John Campbell be repaid the said Sum
out of the Surpluss of the Aid Granted to his Majesty by an Act for
Granting an Aid to his Majesty for Augmenting the Troops now in
the pay of this province &c past the fourth day of May 1758 by a
warrant for that purpose from his Excellency the Governor on the
Treasurer of the Northern District
Resolved, the following Message be sent to the Council (Viz)
Gentlemen of His Majestys Hon" 6 Council
It being Certified to this House That the Tuscaroro Indians who
went on the Expedition against Fort Du Quesne under the Com-
mand of General Forbes behaved well on that Expedition — This
House therefore have Resolved That the sum of one Hundred and
five pounds be laid out in presents by Mr. John Campbell and given
to the said Indians as and for a Bounty and reward for their Ser-
vices on the said Expedition pursuant to a Message of this House
to the Governor at the Close of April Session 1758 And that the
said Mr. John Campbell be repaid the said sum out of the Surpluss
of the Aid Granted to his Majesty by an Act for Granting an aid
to his Majesty for Augmenting the Troops now in the pay of this
province etc, pass the 4 th day of May 1758 by a Warrant for that
102 COLONIAL RECORDS.
purpose from his Excellency the Governor on the Treasurer of the
Northern District
S. S. Speaker
By order W. H. Clk
12 th .May 1759.
Sent the above Message to the Council by Mr. Waddle and Mr.
Ashe —
Then the House adjourned till 4 "Clock Afternoon.
P. M. The House met according to Adjournment
On Motion, Resolved the House Resold e into a Committee of the
whole house to take into Consideration his Excellency the Govern-
ors Speech and the two letters from Mr. Secretary Pitt to his Excel-
lency the Governor and which his Excellency was pleased to lay
before this House.
The House resolved into a Committee of the whole House to Con-
sider on the Subject matter of His Excellencys Speech and the two
letters from Mr. Secretary Pitt to his Excellency and Unanimously
Chose Mr. John Starkey Chairman who was placed in the Chair Ac-
cordingly.
The Committeehaving taken the same into Consideration came
to several Resolutions which Mr. Chairman was directed to Report
to the House for Approbation. Then on motion Mr. Chairman
Resumed the Chair
Mr. Chairman Reported that the Committee of the whole House
Appointed to Consider the Governors Speech and Mr. Secretary
Pitt's two Letters to his Excellency the Governor and of ways and
means for raising £6,000 to be granted to his Majesty, for augment-
ing the forces now in the pay of this Province; had Considered the
same and came to several resolutions, as follows, Viz
Resolved — That it will be for His Majesty's Service and the Good
of the Common Cause to Augment the forces now in the pay of this
Province to 300 Effective men Exclusive of Officers.
Resolved — That an Aid of £6,000 be Granted to his Majesty for
Augmenting the said Forces and Subsisting and paying them when
Augmented.
Resolved, That the Treasurers of this Province Sign and Emitt
Public Notes of Credit to the Amount of £6,000 the better to Expe-
dite the said Service and that the Proportion of this province in the
Grant of £50,000 made by his Majesty and Parliament to North and
COLONIAL RECORDS. 103
South Carolina and Virginia be substituted a fund for redemption of
the said Notes unless his Majesty shall be pleased to apply the same
agreeable to the Address of this Assembly to his Majesty in their last
Session
Resolved, That in Case the said Proportion shall be apply ed Agree-
able to the said Address that the said Notes be sunk by a Tax of Two
Shillings and six pence p poll, to be levied for the Years 1761 and
1762 respectively.
Resolved, That an Agent be Appointed and Authorized to lay
before his Majesty's Ministers, necessary Documents of the Expences
this province hath been at in the Support of the Common Cause
against the French and their Indian Allies.
To which Resolves the House Agreed — and on Motion ordered
Mr. Robert Jones, Mr. Starkey and Mr. Campbell do prepare and
bring in a Bill agreeable to the above resolves.
Received from the Council the Message sent to them this day
regarding the Allowance of the Sum of One Hundred and five
pounds to the Tuscarora Indians.
Endorsed In the Upper House Concurred with
Jno Smith Clk. MATT ROWAN P. C.
12 th May 1759—
»
Then the House Adjourned till Monday Morning 9 o'Clock.
Monday the 14 th of May 1759 — The House met according to
Adjournment
Mr. Robert Jones from the Committee appointed to prepare and
bring in a Bill for Granting an Aid to his Majesty to Augment the
Troops now in the pay of this Province And Appointing an Agent
to lay before his Majesty proper Documents of the Service Rendered
by this Government in the present War — Reported that in Obedience
to the order of the House of Saturday last the Committee had prepared
the said Bill which he laid before the House for the Approbation
thereof.
Ordered the same be read — Read the same the House Approved
thereof and Ordered the same be sent to the Council
Sent the same to the Council by Mr. Waddle and Mr. Ashe
Mr. Ashe moved for leave to present a Bill, For raising of Money
for finishing the Churches of St. James and St. Phillips in New
Hanover County by a Lottery.
Ordered he have leave accordingly
Mr. Ashe presented the said Bill; and on Motion
104 COLONIAL RECORDS.
Ordered, That the same be read, Read the same, passed and
Ordered to be sent to the Council.
►Sent the same to the Council by Mr. Caswell and Mr. Houston.
Mr. Caswell moved for leave to bring in a Bill to Impower the
Justices of Dobbs County to hear and determine all Causes Com-
menced and undetermined in Johnston County Court before the
Division of the said County.
Ordered he have leave and that he prepare and bring in the same.
Mr. ( laswell brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Caswell and Mr. Houston.
Mr. Wynns presented a Certificate from the County Court of Bertie
recommending John Ronddit of the said County to be Exempt from
paying Public Duties and Taxes.
Ordered to be exempt accordingly
Mr. Bryan presented a Certificate from the County Court of Craven
recommending Martin Hagan of said County to be Exempt from
paying public Taxes and doing public Duties.
Ordered he be exempt accordingly
Then the House adjourned till to-morrow Morning 9 "Clock
«
Tuesday the 15 th of May 1759.
The House met according to Adjournment
Received from the Council the Bill for Granting an Aid to his
Majesty &c.
Endorsed 14 th May 1759.
In the Upper House read the first time and passed
Received from the Council the Bill to Impower the Justices of
Dobbs County to hear and determine all Causes Commenced and
undetermined in Johnston County Court before the Division of the
said County.
And the Bill for raising Money for the finishing the Churches of
St James and St Phillips in New Hanover County by a Lottery
Endorsed 14 th May 1759.
In the upper House read the first time and passed
On Motion, Ordered, the Bill for raising Money for finishing the
Churches of St James and St Phillips in New Hanover County by a
Lottery be read the second time. Read the same a second time
amended and passed.
COLONIAL RECORDS. 105
On Motion, Ordered the Bill to Impower the Justices of Dobbs
County to hear and determine all Causes Commenced and undeter-
mined in Johnston County Court before the Division of the said
County — be read the second time. Read the same a second time
passed and Ordered to be sent to the Council.
Sent the above two Bills to the Council by Mr. Vail and Mr. Mur-
phree.
On Motion, Ordered, the Bill for Granting an Aid to his Majesty
&c. be read Read the same and on Motion Resolved the House Re-
solve into a Committee of the whole House to Consider the Subject
matter of the said Bill.
The House resolved into a Committee of the whole House for the
purposes aforesaid and unanimously Chose Mr. John Starkey Chair-
man who was placed in the Chair Accordingly.
Then the Committee ordered the said Bill be read the same was
read and several Amendments were proposed thereto which Mr.
Chairman was directed to report to the House.
Then on Motion Mr. Speaker resumed the Chair.
Mr. Chairman reported that the Committee had Considered the
said Bill and proposed Several Amendments thereto which he was
Directed to lay before the House for the Approbation thereof which
said Amendme'nts proposed by Mr. Chairman were approved of by
the House and Ordered they be Incerted in the Bill. The same are
Incerted accordingly and on Motion Ordered the Bill be read a
second time Read the same a second time with the said Amend-
ments passed and Ordered to be sent to the Council.
Sent the same by [to] the Council.
On Motion, Ordered, That Mr. Campbell, Mr. Jones Jun r and Mr.
Vail prepare an Address to his Excellency the Governor requesting
him to issue a Proclamation to discover ami punish the Authors of
Several Riots, Routs and unlawful Assemblies in that part of this
Government within the Lord Granvills District and give a Sutiable
reward out of the public Treasury to such persons as shall make a
full discovery of them. And also to displace every person Con-
cerned therein as have any Commission under his Majesty either
civil or Military and render them incapable of bearing any office
whatever.
Then the Housed Adjourned till 4 "Clock Afternoon
P. M. The House met according to adjournment.
Mr. Campbell from the Committee appointed to prepare an Address
100 COLONIAL RECORDS.
to his Excellency the Governor regarding the Riots, Routs and Un-
lawful Assembling of sundry Persons in this Government within
the Earl Granvilles district Reported That the Committee had pre-
pared an Address which he Presented to the House and on Motion
ordered to be read, the same was read and the House approved
thereof and Ordered the same be Entered on the Journal of the
House, as follows — viz
To His Excellency Arthur Dobbs, Esq Captain General Gov-
ernor and Commander in and over the Province of North
Carolina
Sir — We his Majesty's dutiful and loyal Subjects, the Assembly of
North Carolina beg leave to represent to your Excellency
That sundry Persons inhabiting in that part of this Government
within Lord Granvilles Proprietary, have combined together in trait-
orous Conspiracies, and committed several Riots and Routs; and
particularly that a number of the said Inhabitants, about the Twenty-
fourth of January last, did enter the House of the Hon ble Francis
Corbin Esq; one of the Members of his Majesty's Honourable
Council, in the Night Season, and with Force, carried him about 70
or SO miles from his Home, and held him in Duress, until he, by
giving them a Bond of a most unusual Nature, procured his Re-
1 easement.
That no Measures hitherto have 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 that your Excellency
would be pleased immediately to issue a Proclamation, thereby
requiring the Chief Justice, and others, Justices of the Supreme
Courts — Justices of the County Courts, and others intrusted with the
executive Power of the Law, as also, all Sheriffs, Constables, and
Ministers of Justice, to exert themselves in their respective Stations,
in apprehending and bringing to Justice the said Offenders, agree-
able to Law, and their Demerit,
And that all and every of the said Offenders, who enjoy any
Commission under his Majesty, either civil or Military, may be dis-
placed and declared incapable thereof,
And that the said Offenders may not escape being discovered and
punished ; we beg leave to recommend it to your Excellency, to offer
a free and gracious Pardon to any two of the said Offenders who
COLONIAL RECORDS. 107
shall first make a full discovery, on Oath, to the Chief Justice, any
other Justice or the Attorney General, of the Principal Persons who
have been concerned 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 Treas-
ury, upon Conviction of the Offenders, or any of them.
And that the Endeavours to apprehend and bring the Authors of
the said Crimes to condign Punishment may be rendered effectual,
this Assembly would further humbly request, that in Case it shall
be any ways needful the Officers of the respective Regiments of
Militia within this province, upon Notice, may be enjoined to raise
the Troops within their respective Counties or such of them as will
be sufficient to assist the civil Powers Cause obedience to the Laws,
and restore Peace and good Order. S. S. S.
By Order W m H. Clk.
Received from the Council the Bill for granting an Aid to his
Majesty &c. Endorsed 15 th May 1759 — In the Upper house read
the second time Amended and passed.
The Bill to Impower the Justices of Dobbs County to hear and
Determine all Causes Commenced and Undetermined in Johnston
County Court &c.
And the Bill for Raising Money for finishing the Churches of St.
James and St. Phillips in New Hanover County by a Lottery.
Endorsed 15 th May 1759. In the upper house read the second
time and passed.
Then the House Adjourned till to-morrow morning Eight "Clock
Wednesday the 16 th of May 1759. The House met according to
Adjournment.
Mr. Joseph Bell acquainted the House that Mr. Thos Lovick one
of the Members for Carteret County is Dead and moved that his
Excellency be desired to direct the Clerk of the Crown to Issue a
Writ for Electing a Member for the said County in the room and
stead of the said Mr. Thomas Lovick to sit and Vote in this present
Assembly.
Resolved, a Message be sent accordingly
Sent the following Message to His Excellency the Governor Viz 4
Sir — This House being informed that Mr. Tho s Lovick one of
the Members for Carteret County is dead — Therefore desire } T our
108 COLONIAL EECORDS.
Excellency will be pleased to direct trie Clerk of the Crown to Issue
a Writ Electing a Member for the said County in the Room and
stead of the said Thos Lovick Deceased to sit and vote in the pres-
ent Assembly. • S. S. S.
By Order " W. H. Clk
16 th May 1759
On Motion, Ordered, that the Bill to Impower the Justices of
Dobbs County to hear and determine all Causes Commenced and
Undetermined in Johnston County &c. be read a third time. Read
the same a third time passed and Ordered to be sent to the Council
On Motion Ordered, That the Bill for raising of Money for finish-
ing the Churches in the Parishes of St James and St Phillips in
New Hanover County by a Lottery, be read the third time — Read
the same a third time Amended and passed. Ordered to be sent to
the Council
Sent the above Two Bills [to] the Council by Mr. Caswell and
Mr. Wynn.
On motion, Ordered, that Col Robert Murden and Mr. Edward
Vail be added to Mr. John Harvey, Mr. W m Mackay and Mr. Joseph
Herron who last Session were appointed a Committee to View Fort
Granville and that the said Mr. John Harvey junr, Mr. W m Mackey,
Mr. Joseph Herron, Mr. Robert Murden and Mr. Edward Vail or
the Majority of them do report to the Assembly whether the Money
appropriated to building the same hath been properly applyed the
convenienc}^ or inconveniency of their Scituation the Condition in
which the said Forts is in and whether it will be for his Majestys
Service to Continue a Garrison therein that the same may be a rule
for the future Conduct of the Assembly as well in regard to grant-
ing more money for finishing the said Fort as placing a Garrison
therein
Resolved the following Message be sent to his Excellency the Gov-
ernor Viz 4
Sir. In answer to your Excellencys Message relating to Hum-
phrey Bates his keeping possession of, and Cultivating Land of the
Tuscarora Indians The Assembly are to acquaint your Excellency
that the Attorney General has informed that he has already Exhib-
ited an Information against the said Bates for the said offence
And also that they have accommodated the Indians with Pro-
visions and Necessaries agreeable to the other part of your Message.
By Order. W. H. Clk. S. S. S
16 th May 1759
COLONIAL RECORDS. 109
Sent the above Message by Mr. Harvey & Mr. Smith
On Motion, Ordered, the Bill for granting an Aid to His Majesty
to Augment the Troops now in the pay of this Province and Appoint-
ing an Agent to lay before His Majesty proper Documents of the
Service rendered by this Government in the present War be read a
third time— Read the same a third time Amended and passed,
Ordered to be sent to the Council.
Sent the same to the Council by Mr. Waddle and Mr. Harvey.
Received . from the Council the Bill to Impower the Justices of
Dobbs County to hear and determine all Causes Commenced and
Undetermined in Johnston County &c. And the Bill for raising of
Money for finishing the Churches of the parishes of St. James and
St. Phillip in New Hanover County by a Lottery.
_ Endorsed 15 th of May 1759. In the Upper House read the third
time and passed. Ordered to be Engrossed.
Mr. Benj Harvey Informed the House that Mr. John Harvey one
of the Members for Hyde County is dead and moved that a Message
be sent to his Excellency the Governor to desire him to direct the
Clerk of the Crown &c for electing a Member.
Sir: The House having been informed that Mr. John Harvey late
Member for Hyde County is dead, that Mr. Joseph Blount and Mr.
Timothy Walton two of the Members for Chowan County, Mr. Jno
Brothers one of the Members for Pasquotank County Mr W m Sher-
gold and Mr. John Woodhouse two of the Members for Currituck
County have Accepted the Office of Inspectors in the several Coun-
ties which they represent whereby by Law their Several Seats in this
House are become Vacant— Therefore desire your Excellency will be
pleased to direct the Clerk of the Crown to Issue Writs to the Several
Counties for Electing Members to represent the same in this present
Assembly.
By Order W. H. Clk. S S S
16 th May 1759.
Then the House Adjourned till 3 "Clock Afternoon.
P. M. The House met according to Adjournment.
Me. Speakee and Gentlemen of the Assembly.
On Reading a third time the Bill for Granting an Aid to his
Majesty to Augment the Troops now in the pay of this Province ;
And Appointing an Agent to lay before his Majesty proper Docu-
ments of the Service rendered by this Government We observe you
110 COLONIAL RECORDS.
have Stet 6i all those Clauses which we yesterday Dele d . We there-
fore propose that the Bill be put upon the same footing we sent it
last to you to which if your house agree please to send such of your
Members as you shall think proper to see the Alterations made Ac-
cordingly for in the present Scituation of the Bill We do not think it
Consistent with his Majestys Service to pass it
Resolved, The followirfg Message be sent to the Council, Viz'
Gentlemen of his Majestys Hon"* Council.
Upon reading your Message of this day relative to the Bill for
Granting an Aid to his Majesty we observe that you propose to
strike out all that part of the Bill which Constitutes an Agent to
represent the Zeal and Loyalty of the Subjects of North Carolina to
his Majesty and to lay before him and his Ministers proper Docu-
ments of the Service rendered by this County in the present War
and say that you do not think it will be for his Majesty's Service to
pass the Bill Unless that is done In Answer to which we must
observe That part of the Bill Consists of Several Substantial Clauses
quite Independent of the other parts which grants an Aid to his
Majesty and therefore Cannot either retard or Expedite his Service
and we Cant Conceive why you should insist on Expunging that
part of the Bill, more Especially as the same is inserted in Conform-
ity to the Advice contained in the Letters of the Right Hon ble Mr.
Secretary Pitt layed before the Assembly by his Excellency the Gov-
ernor nor can we agree to the alteration you propose as we conceive
should we so do we should be wanting in the discharge of the trust
reposed in us by our Constituents and hope you will pass the Bill as
it was sent you this House being of Opinion his Majesty's Service
will be most Effectually promoted thereby
D. o. D.
By Order W m Herritage Clk
16 th May 1759.
4
The above Message sent by Mr. Ashe and Mr. Smith
The House Adjourned till 9 "Clock tomorrow morning
Thursday the 17 th of May 1759. The House met according to
Adjournment.
Received a Written Message from His Excellency the Governor by
Mr. Powell Viz'
COLONIAL RECORDS. Ill
Mk. Speaker and Gentlemen or the Assembly.
The Companies which served upon the Ohio last year having
been disbanded by Act of Assembly Upon their return into this
Province and a Gratuity of £5 having been allowed to all such as
should return into the province and as the most part of them upon
their return through Virginia dispersed and carried off their Anns,
and a very small number returned to receive that Gratuity — And as
the Two small Companies in the Forts were also disbanded except a
few with a Serjeant or Corporal to stay in the Forts untill they were
relieved by the Two Companies to be raised for that Purpose an no
Allowance being given by the Act for a Bounty to such Soldiers
who should Enlist the Officers could not Compleat their Companies
And as I found it for his Majestys Service to have the Companies
immediately compleated upon this Pressing Emergency that they
might be ready to march where Ordered — I gave Orders to the Cap-
tains to give £5 advance money out of the Pay in their Hands until
the Assembly should meet, And the Assembly have granted no fur-
ther supply, or Money to the Officers for such Advance Money as
was and will be necessary to Compleat the Companies — I believe
you will think it reasonable to allow such Soldiers who have Con-
tinued in the Service and to those who have or shall Inlist to Com-
pleat the Companies the £5 Advance Money which I have Ordered
the Captains to pay. And that I may Issue the Warrants upon the
Treasurers to pay it to the Officers who have or shall Inlist them out
of the Saving allowed to such Soldiers who were disbanded and out
of the pay the deficient members in the Two Companies since the
passing of the last Act and also to pay such men who had been kept
in pay in the Forts and not disbanded Until after the passing the
last Act or until relived, As I have no Power to Draw upon Money
appropriated to other purposes.
ARTHUR DOBBS.
17 th May 1759.
Resolved — the following Message be sent to His Excellency the
Governor (Viz 4 )
Sir — In Answer to your Excellencys Message this day by Mr. Powell
this House beg leave to acquaint your Excellency that they already
have by the Bill for Granting an Aid to his Majesty to Augment the
Troops now in the pay of this province And Appointing an Agent to
lay before his Majesty Proper Documents of the Service rendered by
112 COLONIAL RECORDS.
this Government in the present War, Allowed a Bounty of five
pounds Proclamation Money as an Encouragement to each able
bodied man as well already Inlisted as that shall enlist till the forces
now in pay in this Province be Augmented to three Hundred
Effective men Exclusive of Officers, and also allowed Twenty Shil-
lings proclamation Money to the Officers for each man they shall
enlist to Compleat the said Number, And till we know whether the
said Bill will pass into a Law by the other parts of the Legislature
we can only Assure you that in Case it should not, yet that nothing-
may be wanting on our parts to promote his Majesty s Service we
will agree the surplus of the Money you Mention shall be applied to
the purposes you propose And at the same time we request your
Excellency will direct that the Accounts of the Application of the
Several Aids Granted to his Majesty by this province During the
Present War be laid before the Assembly at their next Sessions
that the same may be Examined and Settled and the Surplussages
or deficiencys in them or any of them may appear.
W. H. Clk. S. S. S.
17 th May 1759.
Sent the above message to the Governor by Mr. Harvey and Mr.
Murphree.
Then the House Adjourned till 3 "Clock Afternoon.
P. M. The House met According to Adjournment
Received a Written Message from his Excellency the Governor
by Mr. Powell —
Mr. Speaker — The Aid Bill being laid aside in the Upper House,
I must recommend to you to have a resolve passed in Concurrence
with the Upper House that the Savings on the Bounty to the dis-
banded Soldiers be Applied towards the Bounty which I have Di-
rected to be given to such as have or shall Inlist in the Two Com-
panies now in pay that I may be Enabled to Issue AVarrants for the
same ARTHUR DOBBS
Then the House adjourned until to-morrow Morning 7 "Clock
Friday the 18 th of May 1759. The House met according to Ad-
journment
COLONIAL RECORDS. 113
Resolved, That the Officers and Men who were kept in Garrison
in the Forts Johnston and Granville after the Expiration of the Act
for Granting an Aid to his Majesty for Augmenting the Troops of
this Province to serve in the last Campaign be paid the same Allow-
ance $ Diem for the Time they were so kept in Garrison as they
were so Entitled to for their Service under the said Act and that there
be paid out of the Surplus of the Aid of £4,000 granted to his Maj-
esty the last Session of Assembly five .pounds Proclamation Money
to each able bodied Man who hath uplifted or who shall voluntarily,
inlist to serve his Majesty in either of the Companies by Law now
Directed to be Employed in Garrisoning the said Forts
And that the said Surpluss or so much thereof as shall be necessary
for the purposes aforesaid be paid out of the Public Treasury's to
the proper < >fficer by a Warrant from his Excellency the Governor
and he allowed to the said Officers in their Accounts their Producing
receipts thereof from the Men.
18 th May 1759.
Sent the alove resolve to the Council by Mr. Caswell and Mr.
Harvey for Concurrence
By Order W m Hekritaue
Received from the Council the above Resolve Endorsed 18 th May
1759. In the Upper House Concurred with
MATT ROWAN P. C.
Resolved, That a Reward of £25 Proclamation Money be paid out
of the Public Treasury by a Warrant from his Excellency the
Governor to Each of the Two Persons who shall first make a full
discovery On Oath to the Chief Justice any other Justice or the
Attorney General of the Principal Persons who have been concerned
in the late Riots, Routs, Combinations and Traterous Conspiracies,
in that Part of this province within the Right Honorable Earl
Granvilles Proprietary, on the Conviction of any of the said Of-
fenders
Resolved the above Resolve he sent to the Council for Concurrence.
Sent the above Resolve to the Council by Mr. Spier and Mr Wyatt
Received the above Resolve from the Council. Endorsed 18 th May
1759. Concurred with.
MATT ROW AX, P. C.
Vol. VI— 8
114 COLONIAL RECORDS.
Sent the Estimate of the Allowances to the Members of the Assem-
bly, Clerk and Officers &c, of the Assembly and other Persons to
the Council for Concurrence.
Received, the Estimate from the Council. Endorsed May 18 th
1759. In the Upper House Concurred with
MATT ROWAN, P. C.
Received from the Council the Estimate of Allowances, Expences
and Ferriages of that Board, Clerk and Officers thereof for this Ses-
sion of Assembly
Resolved, this House concurr thereto.
Sent the above mentioned Estimate to the Council.
Endorsed, In the Assembly — Concurred with
His Excellency the Governor Sent a Message by Mr. Smith
thereby requiring the Attendance of the House with the Engrossed
Bills
Mr. Speaker with the House waited on his Excellency the Gov-
ernor in the Council Chamber and Mr. Speaker presented the follow-
ing Bills for his Excellency Assent (to wit)
The Bill for raising of Money for finishing the Churches of St
James and St Philips in New Hanover County by a Lottery
The Bill to impower the Justices of Dobbs County to hear and
Determine all Causes Commenced and undetermined in Johnston
County &c.
To which two Bills his Excellency was pleased to Assent and
then made a Speech to the Assembly and Prorogued the said Assem-
bly to the first Tuesday in October next.
Then the Members returned, and Mr. Speaker acquainted them —
That he had together with the House waited on his Excellency the
Governor in the Council Chamber, and presented him the Engrossed
Bill for raising; of Money to finish the Churches of St James and St
Pbilips etc
And the Bill to impower the Justices of Dobbs County to hear and
determine all Causes Commenced and undetermined in Johnston
County Court &c to which his Excellency did Assent and made a
Speech to the House in Writing a Copy whereof he requested but
his Excellency was pleased to refuse the same; and further that his
Excellency had prorogued this Assembly till the first Tuesday in
October next and that this House is prorogued accordingly.
COLONIAL RECORDS. Ill
[B. P. R. O. North Carolina. B. T. Vol. 30.]
North Carolina — ss.
At an Assembly begun and held at New Bern the Twelfth Day
of December in the Year of our Lord One Thousand Seven Hun-
dred & fifty four, and in the Twenty Eight Year of the Reign of
our Sovereign Lord George the Second by the Grace of God of Great
Britain, France etc. King Defender of the Faith etc, and continued
from thence by several Prorogations & Adjournments to the Twenty
third day of November in the Thirty Third Year of the reign of
our said Lord the King to be then held at Wilmington being the
ninth Session of this present Assembly.
In the Upper House
Present.
f Mathew Rowan John Rieussett ]
The Hon bl V John Swann & VEsq rs
( Lewis DeRossett Richard Spaight j
His Excellency the Governor came to this House, & sent a Mes-
senger to the Assembly commanding their immediate attendance.
Whereupon the Speaker attended by the Assembly waited on His
Excellency in the Council Chamber where he was pleased to make
to both Houses the following Speech.
Gen'" or His Majesty's Council, Mr. Speaker & Gent" of the
Assembly.
The surprising and glorious success of his Majesty's Arms by the
merciful Dispensation of Divine Providence, by inspiring his Majesty
& his Council with Wisdom, Unanimity & Intrepidity & his Allies,
Fleets & Armies with Courage in Defence of our Holy Religion &
Cause of Liberty, has so manifestly appeared these two Years in
delivering Europe & these Provinces in particular from a dreadful
and cruel Enemy; that the supplies required for the Aid of the
Northern Provinces are no longer necessary, but as the war may
probably continue until we have a safe & honourable peace by driv-
ing the French from this Continent, receiving their Marine & as a
dangerous War may break out with the Cherokees which by our
late success, & the vigorous measures entered into by this the Neigh-
bouring Provinces will I hope be prevented. I must still recom-
mend to you the keeping on foot the Two Companies now on pay
to defend the Forts on the Sea Coast & back Settlements, & to pro-
vide for the necessary Expence already incurred for raising & march-
ing the frontier Militia to join the forces of South Carolina to pro-
116 COLONIAL RECORDS.
cure satisfaction for the Depravations & Murders committed by the
Indians & for future Contingencies.
His Majesty in Council having repealed seven Acts passed in this
Province which I shall lay before you, particularly the Acts for Es-
tablishing the Supreme & County Courts & for the appointing Par-
ishes & Vestries it will be necessary for you to enact new Laws
without the Clauses objected to, in such a manner as may be for the
General benefit of this Province, & the Establishment of our Holy
Religion against prevailing Sectaries, & as I hope the great Expence&
this Province has been at will, be over in another Campaign, I must
also recommend to you the making a Provision for schools to edu-
cate the youth and rising Generation of this Province, I am also
instructed to lay before you the state of our Paper Currency & the
great discount it is now under, & how much the Trade & Credit of
this Province suffers by the Injustice to Creditors in Brittain & this
Province by paying off English Debts, & Bills in our Paper Cur-
rency at 33J when the real discount is now from 70 to- 90 per: cent:
to sterling money, this if not rectified must end in the loss of the
credit of this Province, & the ruin of Trade. You will also con-
sider the loss which the poor must suffer by the torn and worn out
Bills which should be called in & exchanged for others of ecpial
value which should be issued for that purpose only.
Gent" of the Assembly
I have nothing further to ask from you at present, but what you
will judge necessary for your own Defence & future safety, & what-
ever sum you think proper to raise for the benefit of Trade &
Improvement of the Province.
Gent 11 of His Majesty's Council. M r Speaker & Gent" of the
Assembly.
As the future peace & Welfare of this Province will depend upon
the Union & Harmony of the several parts of this Province, &
branches of the Legislature, I therefore recommend to you, that in
these Bills now necessary to be enacted tfc amended, that you will
consider the future general good of this increasing Colony that a
perfect harmony may be preserved, Which I shall to the utmost of
my Power and Capacity promote by uniting His Majesties just Pre-
rogative with the Rights and Liberties of the People.
The House took under Consideration His Excellency's Speech, &
ordered the same to be read, which was accordingly done.
COLONIAL RECORDS. 117
And the Hon bIe Lewis De Rossett and John Rieussett Esq" were
appointed a Committee to prepare an Address to His Excellency.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment,
Present as before.
Then the House adjourned till 9 o'clock to-morrow morning.
Saturday 24 th November 1759. The House met according to
Adjournment.
Present as before.
Then the House adjourned till Monday 3 o'clock in the After"
Monday 26 th November 1759. The House met according to
Adjournment,
Present.
( James Hasell John Rieussett )
The Hon Me < John Swann & VEsq"
( Lewis De Rossett Rich d Spaight j
His Excellency the Governor laid before this House the 11 th Arti-
cle of His Majesty's Instructions to him, which on motion was ordered
to be read, the same being read was ordered to be entered on the
Journal as follows.
And whereas we are sensible that effectual Care ought to be taken
to oblige the Members of our said Council to a due Attendance
therein in order to prevent the many inconveniences that may happen
for want of a Quorum of the Council to transact business as occasion
may require. It is our Will & Pleasure that if any of the Members
of our said Council residing in the Province shall hereafter absent
themselves from our Province & continue absent for above the
space of Twelve months together without leave from you or from
our Governor or Commander in Chief of our said Province for
the time being first obtained under your or his hand & seal, or
shall remain absent for the space of two Years successively without
our leave given them under our Royal sign Manual their Place or
Places in our said Council shall immediately thereupon become void,
and that if any of the Members of our said Council residing in our
said Province shall wilfully absent themselves hereafter from the
Council Board when duly summoned without a just & lawfull Cause,
& shall persist therein after Admonition you suspend the said Coun-
cillors so absenting themselves till our further pleasure be known
118 COLONIAL RECORDS.
giving timely notice thereof to our Commissioners for Trade &
Plantations in order to be laid before us. And we do hereby Will
& require you that this our Royal Pleasure be signified to the several
Members of our said Council ; And that it be entered in the Council
Books of our said Province as a Standing Rule.
Then the House adjourned till 9 o'clock to-morrow morning
Tuesday 27 th November 1759. The House met according to
Adjournment,
Present as before.
The Committee appointed by this House to draw up an Address
in Answer to His Excellency's Speech, reported they had prepared
the same, which was ordered to be read. The same was read
approved of, and resolved that the same stand the Address of this
House, & be entered on the Journal thereof, as follows, Viz'
»
Sir — We the Members of his Majesty's Council now met in Gen-
eral Assembly return your Excellency our thanks for your Speech
at the Commencement of this Session.
We are highly sensible of the gi'acious interposition of Providence
in directing his Majesty's Council's supporting his Allies, and con-
ducting his Fleets & Armies in the glorious Conquests they have
made during the Course of these two last years. Those successes
with the prudent Measures that have been taken by this & the ad-
joining Provinces, we hope will prevent a rupture with the Cherokee
Indians, and that in due time a lasting and Honourable Peace may
Crown all those Blessings.
We however assure your Excellency, that we will willingly con-
curr with the other House in granting whatever supplies shall be
judged expedient for the protection of the Province in its present
situation.
We will also contribute our part to Enact such Laws in lieu of
those repealed by His Majesty, as will be for the advantage of the
Province & not liable to the objections made to the former ones, & in
all other matters recommended by your Excellency or that may
occur for the good of the Province will cheerfully join with the other
Branches of the Legislature, & to the utmost of our Power endeavour
to preserve that Union & Harmony which your Excellency's Ex-
ample so much recommends & which is so essential to the happiness
& prosperity of the Province.
Received from the Assembly by Mr. Harnett & Mr". Ashe the fol-
lowing Message :
COLONIAL RECORDS. 119
Gent* of His Majesty's Hox ble Council.
This House have appointed Mr. John Harvey, Mr. George Moore,
Mr. Benjamin Harvey, Mr. Joseph Harrow, Mr. Michael Coutanch,
Mr. Cornelius Harnett & Mr. Maurice Moore a Committee of this
House to state and settle the Public Accounts; and Mr. Starkey, Mr.
Ash, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Mackay, Mr. Wynns,
a Committee of this House to settle & allow Public Claims in con-
junction with such of your Hon 1 ' 3 as you shall think proper to ap-
point for those purposes.
SAM 1 SWANN Speaker.
On motion. Ordered the following Message be sent to the Assem-
bly, Viz'
Mr. Speaker & Gent" of the Assembly
In Answer to your Message relative to the Committees, we have
appointed the Hon ble James Hasell & John Rieussett Esq" a Com-
mittee of this House to state and settle the Public Accounts, and the
Hon ble John Swann & Richard Spaight Esq 18 a Committee of this
House to settle & allow Public Claims.
Received from His Excellency the Governor the following Mes-
sage, Viz'
Gent" of His Majesty's Council
Having received by an Express from Col. Waddel a Letter sent to'
him by Governor Littleton & a letter acquainting me that the Militia
refuse to march against the Cherokee's under pretence that it is out
of this Province, & by the Law they are not obliged to march out of
their Province. I therefore send you the several letters & Papers
sent to me, & as there is no time to be lost hope you will immedi-
ately pass some resolutions thereupon & pass a short Bill to explain
& enforce the Militia Law & to oblige the Militia to Act when or-
dered for the Publick good & defence of the Province & to procure
satisfaction for the depradations of hostile Indians.
ARTHUR DOBBS.
26 th November 1759.
The House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Then the House adjourned till to-morrow morning 9 o'clock.
120 COLONIAL RECORDS.
Wednesday 28 th November 1759. The House met according to
Adjournment.
Present,
( Mathew Rowan Lewis De Rossett )
The Hon bl V James Hasell John Rieussett VEs<j rs
(.John Swann Richard Spaight j
Received from the Assembly by Mr. Vail, Mr. Churton, a Bill to
Amend & Continue an Act entituled An Act for the better Reeula-
tion of the Militia & for other Purposes.
On motion, Ordered the said Bill be read. Read the same the first
time & passed.
Ordered that the Hon ble Richard Spaight Esq 1 wait on His Excel-
lency the Governor, & let him know -the House is ready to wait on
him with the Address thereof. And also to desire him to acquaint
the House, when & where he will receive it.
The above Gent" returned & reported. That in Obedience to the
Command of the House, he had waited on his Excellency & ac-
quainted him the House desire to know, when he will receive the
Address of the House [His Excellency was pleased to reply] in the
Council Chamber at 11 o'clock this forenoon.
The House waited on His Excellency & by the Hon ble Mathew
Rowan Esq™ presented him with the Address thereof, to which His
Excellency was pleased to make the following Answer.
■
The grateful sense you have of the Merciful Interpositions of
Divine Providence in favour of His Majesty's Arms & the Assur-
ances you give in concurring in all Measures for the future safety of
this Province, & in re-enacting & amending such Laws as have been
objected to, & repealed by His Majesty, and also in promoting Unity
& Harmony in the Province, are what your zeal for His Majesty and
Public service have always testified and are very agreable to me.
Received from the Assembly by Mr. Ashe & Mr. Johnston-, A Bill
to amend and continue an Act intituled An Act for the better regu-
lation of the Militia and for other purposes.
On motion. Ordered the said Bill be read. Read the same the
second time & passed.
Received from the Assembly by Mr. Harvey & Mr. Harnett A Bill
to amend and continue an Act, intituled An Act for the better regu-
lation of the Militia & for other purposes.
COLONIAL RECORDS. 121
On motion. Ordered the said Bill be read Read the same the
third time & passed, ordered to be Engrossed.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
His Excellency the Governor came to this House, & sent a Mes-
senger to the Assembly commanding the immediate attendance in
the Council Chamber. Whereupon the Speaker attended by the
House waited on his Excellency & presented him with the following
Bill. Viz 4
A Bill to amend and continue an Act intituled an Act for the
better Regulation of the Military & other Purposes. To which he
was pleased to Assent.
Then the House adjourned till 9 o'clock to-morrow morning.
Thursday 29 th November 1759. The House met according to
Adjournment.
Present as before.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly by Major Harold & Col. Taylor the
following resolve.
Gext d of His Majesty's Hon"" Council.
This House have resolved That the several Sums following to wit
£192.3.3 (being the Ballance of £500 appropriated for building a
Fort at Bear Inlet) in the hands of John Starkey Es<| re & £18<>.6.8
being the Ballance of £lS73.13.5i in the hands of the Hon We Richard
Spaight Esq™ as by the report of the Committee of Accounts at
November Session of Assembly in Edenton appears, On this present
emergency be borrowed & deposited in the hands of Col. Hugh
Waddle towards payment of the Militia of this Province under his
Command, And that the same be replaced out of the neat [next] aid
that shall be granted to His Majesty for payment of the Militia of this
Province to be raised for the service thereof. To which desire your
Honor's Concurrence.
SAM 1 SWANN Speaker.
29 th November 1759.
122 COLONIAL RECORDS.
Which resolve on Motion was read, & concurred with.
Then the House adjourned till o'clock to-morrow' morning.
Friday 30 th November 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 9 o'clock to-morrow morning.
Saturday 1 st December 1759. The House met according to Ad-
journment.
Present as before.
Received from the Assembly by Mr. Churton & Mr. Harris, A Bill
for establishing a Town on the Land formerly granted to Mr. Chur-
ton Gent" lying on the North side of the River Enae in the County
of Orange.
Then the House adjourned till 9 o'clock Monday morning.
Monday 3 d December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 9 o'clock to-morrow morning.
Tuesday 4 th December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 9 o'clock to-morrow morning.
Wednesday 5 th December 1759. The House met according to Ad-
journment.
Present,
f Mathew Rowan Lewis DeRossett
I James Hasell John Rieussett
John Swann &
John Dawson Rich d Spaight
Received from the Assembly by Col. Harvey & Mr. Gray A Bill
for the better management & Security of Orphans & their Eestates.
Received from the Assembly by Major Harvey & Col. Taylor, A
Bill to establish inferior Courts of Pleas & Quarter Sessions in the
several Counties in this Province; And a Bill for establishing Supe-
rior Courts of Pleas, and grand Sessions & regulating the proceed-
ings therein.
On motion. Ordered the said Bills be read The said Bills [were
read] the first time & passed.
The Hon b N tT_ _.._ T ,-Esq r
COLONIAL RECORDS. 123
Received from the Assembly by Mr. Houston & Mr. Fonvielle a
Bill directing the Method of appointing Jurymen in all Causes Crimi-
nal & Civil.
On motion. Ordered the Bill for Establishing a Town on the Land
formerly granted to Mr. Churton Gent" etc be read, Read the same
the first time & Passed.
Then the House adjourned till 10 o'clock to-morrow morning.
Thursday 6 th December 1759. The House met according to ad-
journment.
Present as before.
On Motion. Ordered the Bill for the better Management and Secu-
rity of Orphans and their Estates. And a Bill directing the Method
of appointing Jury-Men in all Causes Criminal & Civil be read.
Read the same Bills the first time & passed.
Then the House adjourned till 3 o'clock in the afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly by Mr. Bartram ifc Mr. Wynne A
Bill to establish the Vestry of the several Parishes of this Province
last chosen agreable to a late Act of Assembly & to direct the method
of electing future Vestries to provide for an Orthodox Clergy & for
settling Parish Accounts.
On Motion. Ordered the said bill be read. Read the same the
first time & Passed.
Then the House adjourned till 10 o'clock to morrow morning.
Friday 7 th December 1759. The House met according to Ad-
journment.
Present as before.
Received from the Assembly by Mr. Caswell & Mr. Davis, A Bill
to establish Warehouses for the Inspection of Tobacco in the County
of Dobbs.
On Motion. Ordered the said Bill be read, Read the same the first
time & passed.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
• Present as before.
Received from the Assembly fey Mr. Ashe & Mr. Mackay the fol-
following Resolve.
124 COLONIAL RECORDS.
Gent" of His Majestys Hon" 1 " Council.
This House on reading the Petition of Elizabeth Chapel herewith
sent } 7 on, have Resolved, That the sum of Twenty Pounds Proc.
Money be paid by the Public Treasurer into the hands of the Hon bl9
Mathew Rowan Esq re for the vise of the said Elizabeth Chapel out
of the Money paid into the Treasury for defraying the Charges of
Government. To which desire your Honors Concurrence.
SAM 1 SWANN Speaker.
7 th December 1759.
Received from the Assembly by Mr. Moore & Mr. Ashe A Bill to
enable Mr. Dry Esq" to finish Fort Johnston at the mouth of Cape
Fear River.
On Motion. Ordered the said Bill be read. Read the same the
first time, & Ordered it lie on the Table till Wednesday next, and
that Mr. Dry have notice thereof in order to lay his Accounts before
this House.
Received from the Assembly by Mr. Smith & Mr. Ward A Bill
directing the Method to be taken with Strays etc. On motion,
Ordered the said Bill be read. Read the same the first time &
passed.
Then the House Adjourned till 10 O'Clock to-morrow morning.
Saturday 8 th December 1759. The House met according to Ad-
journment.
Present as before.
Then the House Adjourned till Monday 3 o'Clock in the Afternoon.
Monday 10 th December 1759. The House met according to Ad-
journment.
Present
{Mathew Rowan Dewis De Rossett ]
James Hasell John Rieussett -V Esq"
John Dawson Rich d Spaight j
Received from the Assembly by Mr. Harris & Mr. Jones, A Bill for
dividing Granville County & other Purposes. And the following
resolve. .
Gent" of His Majesty's HoN ble Council.
This House having resolved that the Forces now if? pay of this Prov-
ince, and the Militia thereof not exceeding Five Hundred to be raised
COLONIAL RECORDS. 125
by order of the Governor & Council in Virtue of the Assembly of
this Province passed the 28 th day of November last to join the Forces
of South Carolina now under the Command of Governor Littleton
be kept in pay until the 10 th day of Feb ry next if his Majesty's Service
so long require it, Desire your Honor's Concurrence thereto.
SAM 1 SWANN Speaker
10 th December 1759.
On Motion, Ordered the said Resolve be concurred with.
On Motion. — Ordered the Bill for dividing Granville County etc
be read. Read the same the First time & Passed.
Then the House adjourned till 9 o'Clock to-morrow morning.
Tuesday 11 th December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 10 o'Clock to-morrow morning,
Wednesday 12th tb December 1759. The House met according to
Adjournment.
Present as before.
Received from the Assembly by Mr. Harvey & Mr. Vail, a Bill
for dividing Granville County & other Purposes, & a Bill for grant-
ing an aid to his Majesty for paying & subsisting the Forces and
Militia now in the pay of this Province & for other Purposes.
On Motion. — Ordered the Bill to Enable Mr. Dry Esq re to finish
Fort Johnston etc be read. Read the same the first time. Amended
& passed.
On Motion. Ordered the Bill for granting an Aid to his Majesty
etc be read, Read the same the first time & Passed.
Then the House adjourned till 3 o'Clock in the afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly by Mr. Harris & Mr. Jones, a Bill to
Establish Warehouses for the Inspection of Tobacco in the County
of Dobbs. Also by Mr. Mackay & Mr. Bell a Bill for establishing
superior Courts of Common Pleas & Grand Sessions & regulating
the Proceedings therein.
Then the House adjourned till 10 o'Clock to-morrow morning.
126 COLONIAL RECORDS.
Thursday 13 th December 1750. The House met according to
Adjournment.
Present as before.
Received from the Assembly by Mr. Maekay & Mr. Wynne, a Bill
to enable Mr. Dry Esq re to finish Fort Johnston etc
On Motion. Ordered the Bill for Establishing Superior Courts of
Pleas and Grand Sessions etc be read. Read the same the second
time and Rejected.
Then the House adjourned till 3 o'Clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly by Mr. Gray and Mr. Churton,a Bill
to establish Inferior Courts of Pleas and Quarter Sessions in the
several Counties in this Province, and a Bill to impower Lawrence
Thompson his Heirs etc to collect the 2 shillings tax etc.
On Motion. Ordered the bill to impower Lawrence Thompson his
Heirs etc. to Collect the two shillings Tax etc be read. Read the
same the first time & passed.
Then the House adjourned till 9 o'clock to-morrow morning.
Friday 14 th December 1759. The House met according to Ad-
journment.
Present.
( Mathew Rowan Lewis De Rossett )
The Hon Me -^ James Hasell & VEsq"
( John Dawson Richard Spaight J
Received from the Assembly by Mr. Gray & Mr. Churton. a Bill
for establishing a Town on the Land formerly granted to Mr. Chur-
ton Gent" lying on the North side of the River Enoe etc.
On motion. Ordered the said Bill be read. Read the same the
second time amended & Passed.
On motion. Ordered the Bill to Establish Warehouses for the In-
spection of Tobacco in the County of Dobbs, be read. Read the
same the second time & passed.
On motion. Ordered the Bill for dividing Granville County etc be
read. Read the same the second time & rejected.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to adjournment.
Present as Above.
Then the House adjourned till 9 o'clock to-morrow morning.
COLONIAL RECORDS. 127
Saturday 15 th December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till Monday 3 o'clock in the After-
noon.
Monday 17 th December 1759. The House met according to Ad-
journment.
Present as before.
Received from the Assembly by Mr. Churton & Mr. Gray a Bill
for Establishing a Town on the Land formerly granted to Mr. Chur-
ton Gent n etc and a Bill to impower Lawrence Thompson his Heirs
etc to collect the two shillings Tax.
Received from the Assembly by Mr. Wyal & Mr. Spruel a Bill to
Establish the Vestry of the several Parishes of this Province etc
and by Mr. Caswell & Mr. Vail a Bill to Establish Warehouses for
the Inspection of Tobacco in the County of Dobbs etc. And by Mr.
Fonvielle & Mr. Barrow the following Resolve.
Gent" of His Majesty's Hon 1 " 6 Council.
This House have resolved that Mr. Cornelius Harnett provide
necessary Provisions & Drink for the Tuscarora Indians now in Town
during their stay, and that the Publick Treasurer repay him such
money he shall so advance, and be allowed the same on passing his
Acc ts with the Public. To which desire your Honor's Concurrence.
SAM 1 SWANN Speaker.
On motion. Ordered the above resolve be concurred with.
On motion. Ordered the Bill to impower Lawrence Thompson his
Heirs etc to collect the two shillings Tax etc be read. Read the same
the second time «fc passed.
On motion. Ordered the Bill for Establishing a Town on the Land
formerly granted to \V m Churton Gent 11 etc be read. Read the same
the third time & passed. Ordered to be Engrossed.
On motion. Ordered the Bill to Establish Warehouses for the In-
spection of Tobacco in the County of Dobbs etc be read. Read the
same the third time & passed. Ordered to be Engrossed.
Then the House adjourned till o'clock to-morrow morning.
Tuesday 18 th December 1750. The House met according to Ad-
journment.
128 COLONIAL RECORDS.
Present as before.
Then the House adjourned till 9 o'clock To-morrow morning.
Wednesday ll> th December 1759. The House met according to
Adjournment.
Present as before.
Received from the Assembly by Mr. Coutaneh & Mr. Harvey a
Bill for erecting part of Chowan, Bertie & Northampton into a
County & Parish and a Bill to enable the Commission™ of Port
Bath & Port Beaufort to amend the Navigation & for other Pur-
poses.
On motion. Ordered the said Bills be read. Read the said Bills
the first time & Passed.
Then the House Adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Then the House Adjourned till 9 o'Clock to-morrow morning.
Thursday 20 th December 1759. The House met according to Ad-
journment,
Present as before.
Received from the Assembly by Mr. Coutanch & Mr. Gray, a Bill
to impower Lawrence Thompson his Heirs etc to collect the two
shillings Tax etc. A Bill to enable the Commissioners of Port Bath
& Port Beaufort to amend the Navigation etc. And a Bill directing
the Method to be taken with Strays etc. And by Mr. Caswell <fc Mr.
Johnston a Bill for Establishing a Court of Kings Bench, Court of
Common Pleas, & Courts of Oyer cfc Terminer & General Goal De-
livery for the Province of North Carolina.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment,
Present as before.
Received from the Assembly by Mr. Wynne and Mr. Vail, a Bill
for enlarging the time allowed for saving Lots in the Town of Hali-
fax preventing the Building of Wooden Chimneys therein & other
purposes. And a Bill for Erecting part of the Counties of Chowan,
Bertie & Northampton into a County and Parish. Also by Mr.
Churton & Mr. Johnston, a Bill for adjourning the County Court of
Edgecombe and other Purposes.
Then the House adjourned till !) o'clock to-morrow morning.
COLONIAL RECORDS. 129
Friday 21 st December 1759. The House met according to Ad-
journment.
Present as before.
On motion. Ordered the Bill for Establishing a Court of Kings
Bench, Courts of Comon Pleas, etc be read ; Read the same the first
time, amended & Passed:
On motion. Ordered the Bill to impower Lawrence Thompson his
Heirs etc to collect the two shillings Tax etc be read. Read the
same the third time & Passed. Ordered to be Engrossed.
On Motion. Ordered the Bill to enable the Commissioners of Port
Bath etc be read. Read the same the second time and Passed.
On motion. Ordered the Bill for enlarging the time allowed for
saving Lots in the Town of Halifax etc be read ; Read the same the
first time & passed.
On motion. Ordered the Bill for erecting part of the Counties of
Chowan, Bertie & Northampton into a County and Parish etc be
read. Read the same the second time. Amended and passed.
On Motion. Ordered the Bill directing . the Method to be taken
with Strays be read. Read the same the second time Ordered it lie
on the Table for further Consideration.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Then the House adjourned till 9 o'clock to-morrow morning.
Saturday 22 nd December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 9 o'clock Monday morning.
Monday 24 th December 1759. The Hon We Lewis De Rossett Esq"
appeared & adjourned the House till 9 o'clock to-morrow morning.
Tuesday 25 th December 1759. The Hon" 6 Lewis De Rossett Esq"
appeared & adjourned the House till 9 o'clock to-morrow morning.
Wednesday 26 th December 1759. The House met according to
Adjournment,
Vol. VI— 9
130 COLONIAL RECORDS.
Present.
f Mathew Rowan Lewis De Rossett ]
The Hon bl V James Hasell and VEsq"
( John Dawson Rich d Spaight J
Then the House adjourned till 9 o'clock to-morrow morning.
Thursday 27 th December 1759. The House met according to
Adjournment.
Received from the Assembly by Mr. Wyat and Mr. Spruel, a Bill
for altering the Method of working on the Roads & appointing Pub-
lick Ferries in the Counties of Duplin, Bladen, Cumberland, Anson
& Rowan ; Which Bill being taken into Consideration was ordered
to lie on the Table till this day Month.
On Motion ; Ordered the Bill to Establish the Vestry of the sev-
eral Parishes in this Province etc was taken into Consideration &
rejected.
Received from the Assembly the following Resolve.
Gent 11 of His Majesty's Hon"" Council.
This House have resolved that the Committee who Viewed Fort
Granville (by order) in July last be allowed the sum of Thirty Eight
Pounds for Sloop hire & expence in that service, And that the Com-
mittee who Viewed Fort Dobbs by order of this House be allowed Nine
Pounds for their Expences on that Service, and that the said sum be
paid by the Commissioners out of the money appropriated for the
use of .the said Forts, to which desire your Honor's Concurrence.
SAM 1 SWANN Speaker.
22 December 1759.
Which resolve being taken into Consideration was concurred
with.
On Motion. The Bill for adjourning the County Court of Edgcomb
etc was taken into Consideration ; Ordered that the said Bill lie on
the Table until this day Month.
Then the House adjourned till 9 o'clock to-morrow morning.
Friday 28 th December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
COLONIAL RECORDS. 131
Present as before.
Received from the Assembly by Mr. Wynne & Mr. Smith A Bill
for establishing a Court of Kings Bench, Courts of Common Pleas
etc.
Received from the Assembly by Mr. Ward & Mr. Isaac Jones
A Bill for appointing Commissioners for finishing the Court House
already begun in the Town of New Bern & for other Purposes.
A Bill to enable the Commissioners of Port Bath & Port Beaufort
to amend the Navigation etc.
A Bill for enlarging the time allowed for saving Lots in the Town
of Halifax etc &
A Bill for granting Aid to his Majesty etc also by
Mr. Johnston & Major Harvey, A Bill for the appointment of
Vestries.
Then the House adjourned till 9 o'clock to-morrow morning.
Saturday 29 th December 1759. The House met according to Ad-
journment.
Present as before.
On Motion. Ordered the Bill for Establishing a Court of Kings
Bench, Courts of Common Pleas etc be Read. Read the same the
second time amended & Passed.
On Motion. Ordered the Bill to enable W m Dry Esq re to finish
Fort Johnston etc be read. Read the same the second time, amended
& Passed.
Received from the Assembly by Mr. Wynne & Mr. Caswell A Bill
for erecting part of the Counties of Chowan, Bertie Northampton
into a County & Parish.
On Motion the resolve relative to Elizabeth Chappel was taken
into Consideration & concurred with.
On Motion ; Ordered the Bill to establish Inferior Courts of Pleas
& Quarter Sessions etc be read Read the same the second time
amended & Passed.
On motion, Ordered the Bill for Erecting part of the Counties of
Chowan Bertie & Northampton into a County & Parish; And a
Bill to enable the Commissioners of Port Bath & Port Beaufort to
amend the Navigation etc be read ; Read the said Bills the third
Time & passed ; Ordered to be Engrossed.
On motion. Ordered the Bill for the appointment of Vestries be
read ; Read the same the first time & passed.
Then the House adjourned till 3 o'clock in the Afternoon.
132 COLONIAL RECORDS.
The House met according to Adjournment.
Present as before.
Then the House adjourned till 9 o'clock Monday morning.
Monday 31 st December 1759. The House met according to Ad-
journment.
Present as before.
Then the House adjourned till 3 o'Clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly by Mr. Gray & Mr. Bravard,
A Bill for Establishing a Court of Kings Bench, Courts of Com-
mon Pleas etc.
A Bill to Establish Inferior Courts of Pleas & Quarter Sessions
ect, and,
A Bill to amend an Act entituled, An Act for Building & main-
taining of Court Houses, Prisons & Stocks in every County within
this Province & appointing Rules for each County, Prison & Debtors.
Then the House adjourned till 9 o'clock to-morrow morning.
[For Journals of the subsequent days of the Session see A. D.
1760.— Editor.]
[From MSS. Records in Office of Secretary of State.]
North Carolina — ss.
At an Assembly begun and held .at New Bern the twelfth day of
December in the Twenty Eight 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 so forth) and from thence
Continued by several Prorogations and Adjournments to the Twenty
third day of November in the thirty third Year of the Reign of our
said Lord the King to be then held at Wilmington being the Ninth
Session of this present Asssmbly
Tuesday the 23 d - of November 1759
Members present
Samuel Swann Esq — Speaker
Mr. George Moore Mr. W m Bartram
Mr. John Ashe Mr. Jn° Bravard
Mr. Joseph Bell Mr. John Starkev
Mr. Samuel Spruell Mr. John Fonville
COLONIAL RECORDS. 133
Mr. John Harvey Mr. W m Wyatt
Mr. Francis Ward Mr. Corn 9 Harnett
Mr. W m Mackay Mr. Mich 1 Contanch
Mr. Thos Smith Mr. Benj Harvey
Mr. Stephen Cade Mr. Joseph Herron
Mr. Maurice Moore Mr. Isaac Jones
Mr. Richard Caswell Mr. Edward Vail
His Excellency the Governor sent a Message to this House requir-
ing the immediate Attendance thereof in the Council Chamber.
Mr. Speaker with the Members waited on his Excellency the Gov-
ernor in the Council Chamber and afterwards returned and Mr.
Speaker Accmainted the House That His Excellency made a Speech
to His Majesty's Council and this House and to prevent mistakes he
had obtained a Copy thereof which on Motion is Ordered to be
read. The same was read accordingly — and on Motion ordered to be
Entered on the Journal of this House and is as follows (viz*)
Gentlemen of His Majesty's Council, M r Speaker and Gentle-
men of the Assembly.
The Surprising and Glorious Success of His Majesty's Arms by
the Mercifull Dispensation of Divine Providence by Inspiring His
Majesty and his Council with Wisdom unanimity and Intrepidity
and his Allies, Fleets and Arms with Courage in Defence of our
Holy Religion and Cause of Liberty has so Manifestly Appeared
these Two Years in Delivering Europe and these Provinces in par-
ticular from a Dreadfull and Cruel Enemy, That the supplies
recpiired for the Aid of the Northern Colonies are no longer Neces-
sary but as the War may Probably Continue until we have a safe
and Hon ble Peace, by driving the French from this Continent and
ruining their Marine, and as a dangerous War may break out with
the Cherokees, which by our late success and the vigorous Measures
entered into by this and the Neighboring Provinces will I hope be
Prevented I must still recommend to you the keeping on foot the
two Companies now on pay to Defend the Forts on the Sea Coast
and back Settlements, and to Provide for the Necessary Expence
already incurred for raising and Marching the Frontier Militia to
join the Forces of South Carolina to Procure Satisfaction for the
depredations and Murders Committed by the Indians and for future
Contingencies —
134 COLONIAL RECORDS.
His Majesty in Council having repealed Seven Acts passed in this
Province, which I shall lay before you, Particularly the Acts for
Establishing the Supreme and County Courts and for the Appoint-
ing parishes and Vestries, it will be necessary for you to enact new
Laws without the Clauses objected to in such a manner as may be
for the General benefit of this Province and the Establishment of
our holy religion against prevailing Sectaries And as I hope the
Great Expence this Province has been at will be over in another
Campaign, I must also recommend to you in making a provision
for Schools to Educate the Youth and Rising Generation of this
Province.
I am also Instructed to lay before } t ou the state of your paper
Currency and the Great Discount it is now under, and how much
the Trade and Credit of this Province Suffers by the Injustice to
Creditors in Britain and this province by Paying of English Debts
and Bills in our Paper Currency at 33J when the real Discount is
now from 70 to 90 p Cent to Sterling Money. This if not rectified
must end in the loss of the Credit of this Province and the ruin of
your Trade.
You will also Consider the loss which the poor must suffer by the
torn and worn out Bills which should be Called in and Exchanged
for others of Equal Value which should be Issued for that purpose
only.
Gentlemen of the Assembly —
I have nothing further to ask of' you at Present but what you
will Judge necessary for your own defence and future Safety and
whatever Sums you may think proper to raise for the Benefit of
Trade and Improvement of the Province.
Gentlemen of His Majestys Council, Mr. Speaker and Gen-
tlemen of the Assembly —
As the future peace and Welfare of this Province will depend
upon the Union and Harmony of the Several Parts of this Province
and Branches of the Legislature I therefore recommend to you that
in those Bills now necessary to be re-inacted and amended that
you will consider the future General good of this Increasing Colony
that a Perfect Harmony May be preserved which I shall to the ut-
most of my Power and Capacity Promote by uniting his Majesty's
just Prerogative with the Rights and Liberties of the People.
COLONIAL RECORDS. 135
The Clerk of the Crown returned a Certificate of the return of a
Writ for Electing a Member for Pasquotank County to sit and vote
in this present Assembly in the room of Mr. John Brothers who
disqualified himself to sit and vote in this House as a Member for
said County by Accepting the Office of an Inspector in the said
County whereby it appears Mr. Thomas Taylor is Elected a Mem-
ber for Pasquotank County aforesaid in the room and stead of the
said Mr. John Brothers.
The Clerk of the Crown also returned a Certificate of the return
of a Writ for Electing a Member for Hyde County to sit and vote
in this Present Assembly in the room and stead of Mr. John Har-
vey who is deceased whereby it Appears that Mr. Thomas Barron is
Elected a Member for Hyde County in the room and stead of the
said John Harvey Deceased
The House adjourned till 4 "Clock Afternoon.
P. M. The House met according to adjournment
The Clerk of the Crown returned a Certificate of the return of a
Writ for Electing a Member for Carteret County to sit and vote in
this present Assembly in the room and stead of Col° Tho 8 Lovick
who is deceased, Therefore it Appears That Mr. Mozes Houston is
Elected a Member for said County in the room and stead of the
said Col: Lovick Deceased.
Pursuant thereto and also in Pursuance of the above Two other
returns — Mr. Mozes Houston Mr. Tho 8 Taylor and Mr. Tho s Barron
Appeared and took the Oaths Appointed for their Qualification Sub-
scribed the Test and took their Seats in the House Accordingly.
Mr. Jn° Harvey moved that a Committee be Appointed [to] pre-
pare an address in Answer to his Excellency the Governors Speech
and lay the same before the House for Approbation — And Mr. Star-
key, Mr. John Harvey, Mr. Mau : Moore Mr. Cornelius Harnett, Mr.
John Ashe, Mr. Benj n Harvey and Mr. Geo: Moore are accordingly
Appointed to prepare the same
Resolved, That the Absent Members be sent for in Custody by a
Warrant from Mr. Speaker at the Expence of such absent Members,
to wit,
Mr. Dempsey Sumner of Chowan County, Mr. James Davis of
New Bern, Mr. Joseph Bryan of Craven County, Mr. W m Murphree
of Northampton County, Mr. Tho 8 Relf and Mr. Griffin Jones of
Pasquotank County, Mr. Anthony Hutchins of Anson County Mr.
Robert Harris and Mr. James Paine of Granville County and Mr.
W m Churton of Orange County.
136 COLONIAL RECORDS.
Then the House Adjourned till to Morrow 10 "Clock.
Saturday the 24 th of November 1759. The House met according
to Adjournment
Mr. Benj n Wynns one of the Members for Bertie County Appeared
and took his Seat in the House
Mr. John Gray one of the Members for Orange County appeared
and took his seat in the House
Mr. Starkey moved That a Committee be appointed to Examine
State and Settle the Public Accounts of this Province And Mr.
John Harvey, Mr. Geo. Moore, Mr. Benj n Harvey, Mr. Joseph Her-
ron, Mr. Michael Coutanch, Mr. Cornelius Harnett and Mr. Maurice
Moore were Accordingly Appointed
On motion, Ordered that Mr. Starkey, Mr. John Ashe, Mr. Vail,
Mr. Caswell, Mr. Bartram, Mr. Mackay and Mr. Wynns be a Com-
mittee to Settle and allow Public Claims — And that the following
Message be sent to the Council Viz
Gentlemen of His Majesty's Honble Council
This House have appointed Mr. Jno Harvey, Mr. Geo. Moore, Mr.
Benj n Harvey, Mr. Jos. Herron, Mr. Michael Coutanch Mr. Cornelius
Harnett and Mr. Maurice Moore a Committee of this House to State
and Settle the Public Accounts And Mr. Starkey, Mr. Ashe, Mr.
Vail, Mr. Caswell, Mr. Bartram, Mr. Mackay and Mr. Wynns a Com-
mittee of this House to settle and Allow Public Claims in Conjunc-
tion with such of your Hon" as you shall think proper to appoint
for those Purposes.
SAMUEL SWANN, Speaker
By Order W m Herritage, Clk.
Sent the above Message by Mr. Harnett and Mr. Ashe.
Then the House Adjourned till 9 "clock to morrow Morning.
Tuesday the 27 th of November 1759. The House met according
to Adjournment,
Received from his Excellency the Governor a Written Message
by Mr. Powell as follows
Mr. Speaker and Gentlemen op the Assembly —
Having received by an Express from Col. Waddell a Letter sent
to him by Gov r Lyttleton and a Letter Acquainting me that the
COLONIAL RECORDS. 137
militia refuse to march against the Cherokees under pretence that it
is out of the province I therefore send you the several Letters and
Papers sent to me and as there is no time to be Lost, hope you will
Imediately pass some resolutions thereupon and pass a short Bill to
explain and Inforce the Militia Law and oblige the Militia to Act
where Ordered for the Public Good and defence of the Province and
to Procure Satisfaction for the depredations of Hostile Indians
ARTHUR DOBBS.
26 th November 1759.
On Motion, Resolved the House resolve into a Committee of the
whole house to Consider his Excellencys Message of this day regard-
ing the Marching the Militia and also the several Papers therein
referred.
The House resolved into a Committee of the whole House for the
purposes aforesaid and unanimously chose Mr. George Moore Chair-
man who took the Chair Accordingly After some time spent therein
the Committee came to the following Resolutions Viz
That a Committee be Appointed by the House to prepare and
bring a Bill to Explain amend and ( ontinue for six Months and
from thence to the End of the next Session of Assembly, An Act
Intituled an Act for the better Regulation of the Militia and for
other Purposes.
Then on Motion Resolved That Mr. Speaker resume the Chair.
Mr. Speaker resumed the Chair.
Then Mr. Chairman Reported That the Committee had Considered
the Governors Message and the Several papers referred to therein
and had come to the following resolutions Viz'
That [in] the present Emergency a Committee be appointed by the
House to prepare and bring in a Bill to amend and Continuefor six
months and from thence to the End of the next Session of Assem-
bly, An Act Intituled an Act for the Better Regulation of the Militia
and for other purposes.
To which the House agreed And On Motion — Resolved that Mr.
Maurice Moore, Mr. John Harvey, Mr. Cornelius Harnett, Mr.
Starkey and Mr. Ashe do Immediately prepare and bring in the said
Bill "
Received from the Council the following Message Viz
Mr. Speaker and Gent" of the Assembly
In answer to your Message relative to the Committee we have
Appointed the Hon ble James Hasell and John Rieussett Esq™ a Com-
138 COLONIAL RECORDS.
mittee of this House to state and Settle the Public Accounts — And
the Hon ble John Swann and Richard Spaight Esq™ a Committee of
this House to Settle and allow the Public Claims
In the Upper House — 27 th November 1759
Then the House Adjourned till 4 "Clock Afternoon
P. M. The House met according to Adjournment
Mr. Robert Harris one of the Members for\Granville County, Mr.
William Churton one of the Members for Orange County Appeared
and took their Seats in the House.
The Clerk of the Crown laid before the House a Certificate of the
return of a Writ for Electing Two representatives to sit and vote in
this present Assembly for Chowan County in the room and stead of
Mr. Joseph Blount and Mr. Timothy Walton whose seats in this
House became Vacant by their Accepting the Office of Inspectors in
the said County whereby it appears That Samuel Johnston and Mr.
Luke Sumner were duly Elected Members for said County of Chowan
to sit and vote in this present Assembly in the room and Stead of
the said Mr. Jos. Blount and Mr. Timothy Walton.
Whereupon Mr. Samuel Johnston Appeared took the Oath Ap-
pointed by Law for his Qualification Subscribed the Test and took
his seat in the House Accordingly
Then the House adjourned till 10 "Clock tomorrow morning
Wednesday the 28 th of November 1759. The House met accord-
ing to Adjournment
Mr. Starkey from the Committee appointed to prepare an Address
in Answer to his Excellency the Governors Speech Reported that the
Committee had prepared the same which he read in his place and
laid the same before the House for Approbation.
The House Approved thereof and Ordered the same stand the
Address of the House and be Entered on the Journal thereof as
follows — (to wit)
North Carolina — ss.
To His Excellency Arthur Dobbs Esq/ Capt 11 Gen 1 Gov 1 and
Commander in Chief in and over the said Province —
We his Majestys most dutifull and loyal subjects the Assembly of
North Carolina beg leave to return your Excellency our Sincere
thanks for your Speech at the Opening of this Session.
COLONIAL RECORDS. 139
The Repeated Successes of the two last Campaines so truly Glo-
rious to his Majesty and Beneficial to all the Colonies Demand our
most Exalted praises and thankfulness to the Author of all Mercies,
And a Grateful sense of the Wisdom Courage and Conduct of those
that have been the Happy Instruments of them ; By the prosperous
turn of Affairs the future Safety of the British America we hope
will be secured and all future Expences on that Account prevented,
We persuade ourselves that the Vigorous Measures lately taken to
Check the Insolencies And obtain in Satisfaction for the Murthers
Committed by some of the Cherokee Indians on the Frontiers of
this and our Neighbouring Provinces will have the desired Effect,
And we assure your Excellency that we shall now and at all times
pursue such Measures and Chearfully raise such necessary supplies
for our Defence against our Enemies as the Exigency of the Case
may require and the Indigent Circumstances of our Constituents
(already heavy loaded with Taxes) will admit,
It is with very sensible Concern we find so many of our Laws (In
our Apprehension) well Calculated for the advancement of Religion
and distribution of Justice thro' the several Parts of this large and
Extended province and the Quieting the freeholders in their pos-
sessions—Met with his Majesty's Royal Disallowance. We persuade
ourselves had an Agent been duly Authorised at home to have rep-
resented to' his Majesty and his Ministers the Importance and Utility
of those Laws and their propriety as Adapted to the Circumstances
of the Inhabitants of this Province in a true Light they might not
thro' the misrepresentation of any Interested Person Contrary to the
General Good of the Province have been Reported to His Majesty
for the Royal Disallowance, And as it is Absolutely Necessary to
Enact other Laws to Answer the Purposes Intended by those re-
pealed, In the Bills we shall prepare for that End shall endeavor
to avoid Incerting Clauses which may be lyable to any Just Excep-
tion. We observe what your Excellency mentions relating to the
Schools so much Wanted and desired, A former Assembly Granted
£6.000 for the founding of a School which is still under a suspend-
ing Clause, and until his Majesty shall be pleased to declare his
pleasure therein we are at a Loss to proceed. The Depretiation of
our Currency is too well known and felt, but all remedies hitherto
proposed have proved Abortive, AVe are of Opinion that the Grow-
ing Demand to pay our Taxes and the Gradual Decrease by the
Sinking fund, Whereby the Torn and Worn out Bills are Yearly
burnt must soon Enhance their Value.
140 COLONIAL RECORDS.
If it please your Excellency to Cause the Accounts of the disposal
of the several Sums granted for the Service of the War to be laid
before us We should be enabled to see what Savings there may be
which is Appropriated to payment of Contingencies and thereby
form some Judgment what may be further needful to support the
Charge of Government which we shall always readily provide for.
As we are sensible nothing Conduces to the Prosperity of any Com-
munity more than a Mutual Agreement among the several Members
of it, We assure your Excellency that as we hitherto have so we
constantly shall use our best Endeavours to cultivate the same, That
His Majestys Service and the prosperity of His Good Subjects in
this Province which are always Inseparable may be preserved and
promoted SAMUEL SWANN Speaker
28 th November 1759
Mr. Harnett from the Committee Appointed to prepare and bring
in a Bill to Amend and Continue for six Months and from thence to
the End of the next Session of the Assembly an Act Intituled an
Act for the Better Regulation of the Militia and for other purposes
Reported that the Committee had prepared the said Bill which he
read in his place and is approved of and Ordered the same pass and
be sent to the Council —
Sent the same to the Council by Mr. Vail and Mr. Churton
Received from the Committee the Bill to Amend and Continue
&c. an Act Intitled an Act for the better regulation of the Militia
and for other purposes.
Endorsed 28 th November 1759 — In the Upper House read the first
time and passed
On Motion Ordered, on the present Emergency that the Bill to
Amend and Continue for six Months &c an Act Intitled an Act
for the better regulation of the Militia and for other purposes be
read the second time — Read the same a second time Amended and
passed and Ordered to be sent to the Council
Sent the above mentioned Bill to the Council by Mr. Ashe and
Mr. Johnston
Mr. Starkey moved that a Committee be appointed to prepare and
bring in a Bill to Establish Superior Courts of Pleas and Grand Ses-
sions — And also a Bill to Establish Inferior Courts of Pleas and
Quarter Sessions in the Several Counties in this Province — And Mr.
Starkey, Mr. Johnston, Mr. John Harvey, Mr. Caswell, Mr. Maurice
Moore, Mr. Wynns and Mr. Cornelius Harnett are accordingly ap-
pointed
COLONIAL RECORDS. 141
Mr. Jno Harvey moved that a Committee be appointed to prepare
and bring in a Bill for the better management and security of Or-
phans and their Estates. And Mr. John Starkey, Mr. Johnston, Mr.
Jno Harvey, Mr. Caswell, Mr. Maurice Moore, Mr. Wynns and Mr.
Harnett are accordingly appointed —
Received from the Council the Bill to amend and Continue for
six Months &c, an Act Intituled an Act for the better Regulation of
the Militia and for other purposes
Endorsed 28 th November 1759 In the Upper House read the
second time and passed
On Motion, Ordered, on the Present Emergency that the Bill to
Amend and Continue for six Months &c -An Act Intituled an Act
for the Better regulation of the Militia and for other Purposes be
read a third time, Read the same a third time — Amended passed
and Ordered to be sent to the Council
Sent the said Bill to the Council by Col. Harvey and Mr. Harnett
Received from the Council the Bill to Amend and Continue for
six months &c an Act Intituled an Act for the better Regulation of
the Militia and for other Purposes.
Endorsed in the Upper House read the third time and passed
Ordered to be engrossed.
Then the House Adjourned till 4 "Clock Afternoon
P. M. The House met according to Adjournment.
His Excellency the Governor sent a Message to this House whereby
he let them know that he was ready to receive their Address thereof
Immediately in the Council Chamber.
Mr. Speaker with the House waited On his Excellency the Gov-
ernor in the Council Chamber and Mr. Speaker presented him with
the Addrsss of this House to which his Excellency was pleased to
return an Answer a Copy of which to prevent Mistakes Mr. Speaker
Obtained and is as follows (to wit)
The true sense you have of the Manifestation of the divine provi-
dence in our Defence, And your Approbation of the Vigorous'
Measures Entered into by this and the Neighbouring Province are
very Agreeable to me, And a Confirmation of your Zeal for his
Majesty's Service and the future peace and Safety of this province
by procuring an Adequate Satisfaction for the Murders and depre-
dations Committed against this and the Neighbouring Colonies as
also your Assurance of Incerting such Clauses in the Bills -to he
142 COLONIAL RECORDS.
re-enacted and Amended as to be lyable to no Objections I shall
not fail in recommending the Issuing such Bills as were Intended
for the Erecting of Public Schools Upon their being repaid to the
Treasurers I shall give Orders to have the Public Accounts laid
before you but the Accounts relative to the Troops sent to New York,
having not been yet sent to me it will be impossible to Liquidate
them untill I si mil receive them.
I return you thanks for the assurance you give that you will pro-
mote the peace and harmony of this Province so necessary for its
Welfare.
Then Mr. Speaker acquainted his Excellency the Governor that
the Assembly had passed a Bill to amend and Continue an Act Inti-
tuled an Act for the better Regulation of the Militia and other Pur-
poses which he presented to his Excellency for his Assent.
His Excellency was pleased to Assent thereto and then directed
the House to return and proceed on further Business.
Received from His Excellency the Governor a Written Message
by Mr. Powell Viz — As follows.
Mr. Speaker — Col Waddel having found it Necessary for his Maj-
esties Service to Apply to me for a Sum not less than fifteen hundred
Pounds for procuring Waggons, Provisions and other Necessarys for
the Militia to Act Under him Against the Cherokees And the Treasurer
having acquainted me that he had not so much in his hands to
Answer that Service I must therefore apply to your House that you
would resolve in Conjunction with the Upper House that the Treas-
urers may Apply so much as is in their hands upon any other
Appropriation* (to be repaid out of the Supplies that shall be
Granted) to make up the Deficiency of the sum required to be for-
warded by the Express —
Ordered the said Message lye till to-Morrow for Consideration —
Then the House Adjourned till 10 "Clock to Morrow Morning
s
Thursday the 29 th of November 1759 The House met according
to Adjournment
The Order of the Day being read the House took into Considera-
tion his Excellences Message — And on Motion Resolved that the
House Resolve into a Committee of the whole House to Consider the
said Message and unanimously chose Mr. Geo: Moore Chairman
who was placed in the Chair Accordingly — After some time the Com-
COLONIAL RECORDS. 143
mittee came to the following Resolutions which Mr. Chairman was
Ordered to report to the House Viz 4
Resolved — That the several sums following (to wit) £192.3.3 (be-
ing the ballance of £500 Appropriated for building a Fort at Bear
Inlet) in the hands of John Starkey Esq r £180.(3.8 being the Ballance
of £1,873.13.51 in the hands of the Hon ble Richard Spaight Esq 1 as
by the report of the Committee of Accounts at November Session of
Assembly in Edenton Appears, On this present Emergency be bor-
rowed, and deposited in the hands of Col: Hugh Waddel towards
payment of the Militia of this Province under his Command,
And that the same be replaced, Out of the next aid that shall be
Granted to His Majesty for payment of the Militia of this Province
to be raised for the service thereof — Then on Motion Mr. Speaker
resumed the Chair
Mr. Chairman reported that the Committte had resolved as above
mentioned which was read to which the House agreed and Ordered
the following Message be sent to the Council Viz'
Gentlemen of his Majestys Hon" 6 Council
This House have resolved that the Several Sums following to-wit
£192.3.3. being the balance of £500 appropriated for Building a
Fort at Bear Inlet in the Hands of John Starkey Esq. And £186.6.8
being the Ballance of £1,873.13.5 | in the hands of the Hon ble
Richard Spaight Esq r as by the Report of the Committee of Ac-
counts at November Session of Assembly in Edenton Appears, On
this present Emergency be Borrowed, And Deposited in the Hands
of Col Hugh Waddel towards payment of the Militia of this Prov-
ince Under his Command And that the same be replaced Out of the
next Aid that shall be Granted to his Majesty for payment of the
Militia of this Province to be raised for the Service thereof.
To which desire your Honors Concurrence.
SAMUEL SWANN Speaker.
By Order W. H. Clk.
Sent by Major Harvey and Col Taylor.
On motion Resolved, that the following Message be sent to his
Excellency the Governor.
Sir — This House on Considering your Message of Yesterday have
Resolved That the several Sums following (to-wit) £192.3.3 (being the
Ballance of £500 Appropriated for the Building a Fort at Bear Inlet)
144 COLONIAL RECORDS.
in the hands of John Starkey Esq r . And £186.6.8 being the Bal-
lance of £l,873.13.5J in the hands of the Hon bl8 Richard Spaight
Esq 1 as by the Report of the Committee on Accounts at November
Session of Assembly in Edenton Appears, On this present Emer-
gency be borrowed, and deposited in the hands of Col. Hugh Wad-
del towards payment of the Militia of this Province Under his
Command, and that the same be replaced out of the next Aid that
shall be Granted to His Majesty for Payment of the Militia of this
province to be raised for the services thereof — These sums being all
the Money that can be now borrowed and issued without breach of
the Public Faith as well as causing confusion in its Accounts. We
hope with the sum of £775.14.4 paid by the Treasurer of the
Southern District on your Excellences Warrant to him for £15000,
you mention Col. Waddel had applied for may Answer the present
Occasion till further provision can be made as is intended by the
House. S. S. S
29 th Nov. 1759.
Then the House Adjourned till 4 "Clock Afternoon.
P. M. The House met according to Adjournment.
Mr. Harris laid before the House a Certificate from the County
Court of Granville thereby Certifying that Cornelias McCarty son
of David McCarty is a very infirm person and recommending him
to be Exempt from paying Public Taxes. Ordered he be exempt
accordingly.
Received from the Council the message sent to them this- day re-
garding the Application of the Sum of Money in the hands of John
Starkey Esq 1 the Hon Wc Richard Spaight Esq Endorsed 29 th Nov.
1759 In the Upper House Concurred with
MATT ROWAN, P. C.
Then the House adjourned till to-morrow morning 10 "Clock.
Friday the 30 th of November 1759. The House met. according to
Adjournment.
On motion Resolved, That a Committee be appointed to prepare
and bring in a Bill to Establish the Vestry of the Several Parishes
of this province last Chosen agreeable to a late Act of Assembly and
to direct the method of Electing Vestries to provide for an Orthodox
Clergy and for settling parish Accounts.
COLONIAL RECORDS. 145
And Mr. Coutanch, Mr. Starkey, Mr. Moore, Mr. Taylor, Mr. Vail,
Mr. Ashe and Col Mackay, Mr. Fonville and Mr. Harris are ap-
pointed accordingly.
Mr. Wynns laid before the House a Certificate from the County
Court of Edgcombe thereby Certifying that Thos. Sessons son of
Nicholas Sessons of the said County be Exempt from Public Taxes
and Services.
Ordered he be exempt accordingly.
Mr. Churton presented to the House a Petition of Sundry of the
Inhabitants of the County of Orange Setting forth Amongst other
things that the Land whereon the Court House and other Public
buildings are Erected in the said County of Orange is very Commo-
diously situate for an Inland town Praying that Four hundred
Acres of the said Land may be allotted and Established for a Town &c.
Ordered that Mr. Churton bring in a Bill pursuant to the prayer
of the Petition.
Mr. Churton brought in the said Bill Intitled a Bill for Establish-
ing a Town on the Land formerly Granted to W m Churton Gent"
lying on the North side of the River Enoe in the County of Orange —
which he read in his place and delivered in at the Table where the
same was again Read by the Clerk Passed and Ordered to be sent to
the Council.
Sent the same to the Council by Mr. Churton and Mr. Harris.
Then the House adjourned till 9 "Clock to-morrow morning.
Saturday the l 8t December 1759 — The House met according to
Adjournment
Then the Plouse adjourned till Monday Morning 10 "Clock
Monday the 3 rd of December 1759 — The House met according to
Adjournment
Mr. James Davis appeared and took his seat in the House —
Then the House adjourned till 9 "Clock to-morrow morning
Tuesday the 4 th of December 1759 — The House met according to
Adjournment
Then the House adjourned till tomorrow 10 "Clock —
Wednesday the 5 th of December 1759 The House met according
to Adjournment
Vol. VI— 10]
146 COLONIAL RECORDS.
Mr. Anthoii3 r Hutchins -one of the Members for Anson County
Appeared and took his seat in the House —
Mr. John Harvey presented a petition of Several of the Inhab-
itants of New Hanover County and others setting forth — That sev-
eral persons who have obtained the liberty of the several prisons they
are confined in in this Province earn large sums of money whilst
under such Confinement the part of which might be applyed towards
payment of their several and respective Debts — Praying relief
Ordered, the said Petition lye for Consideration
Mr. Smith presented to the House a Certificate from the County
Court of Hyde thereby recommending Thos. Goodwin to be exempt
from paying Public Taxes and doing public Duties —
Ordered he be exempt accordingly —
Mr. Smith presented to the House a Certificate from the County
Court of Hyde thereby Recommending Elias Gurganus to be Ex-
empt from doing Public Duties and Paying Public Taxes —
Ordered he be exempt Accordingly —
Mr. Starkey from the Committee appointed to prepare and bring
in a Bill for Establishing Superior Courts of Pleas and Grand Ses-
sions Reported that the Committee had prepared the said Bill which
he presented to the House —
Ordered the same be read — Read the same passed and Ordered to
be sent to the Council
Sent the same to the Council by Major Harvey and Col Taylor —
Mr. Caswell from the Committee Appointed to prepare and bring
in a Bill to Establish Inferior Courts of Pleas and Quarter Sessions
in the several Counties in this Province Reported that the Commit-
tee had prepared the said Bill which he presented to the House —
Ordered the same be read — Read the same passed and Ordered to
be sent to the Council
Sent the same to the Council by Major Harvey and Col Taylor —
Mr. John Harvey from the Committee Appointed to prepare and
bring in a Bill for the better Management and Security of Orphans
and their Estates Reported that the Committee had prepared the
said Bill which he presented to the House —
Ordered the same be read — Read the same and Ordered the said
Bill pass and be sent to the Council
Sent the same to the Council by Col Harvey and Mr. Gray —
Then the House adjourned till 4 "Clock Afternoon.
P. M. The House met according to adjournment
COLONIAL RECORDS. 147
Mr. Robert Jones j r one of the Members for Northampton County
•Appeared and took his seat in the House
Mr. Caswell moved for leave to bring in a Bill Directing the
Method of Appointing Jurymen in all Causes Criminal and Civil
and for an Allowance for their Attendance at the Superior Courts —
Ordered he have leave and that he prepare and bring in the same —
Mr. Caswell brought in the above said Bill which he read in his
place and delivered in at the Table where the same was again read
by the Clerk passed and Ordered to be sent to the Council —
Sent the same to the Council by Mr. Houston and Mr. Fonville
Then the House adjourned till 9 "Clock tomorrow morning
Thursday the 6 th of December 1759 — The House met according to
Adjournment
Mr. Coutanche from the Committee Appointed to prepare a Bill to
Establish the Vestry of the Several Parishes of this Province last
Chosen Agreeable to a late Act of Assembly to direct the Method
for electing future Vestries to provide for an Orthodox Clergy for set-
tling Parish Accounts —
Reported — That the Committee had prepared the same which he
presented to the House, Ordered the same be read, read the same
passed and ordered to be sent to the Council
Sent the above said Bill to the Council by Mr. Bartram and Mr.
Wynne. ,
Received from the Council the Bill to Establish Inferior Courts of
Pleas and Quarter Sessions in the Several Counties in this Province.
And the Bill for Establishing a Town on the Land formerly
granted to William Churton lying on the North side of the River
Enoe in the County of Orange.
And the Bill for Establishing Superior Courts of Pleas and Grand
Sessions and regulating the proceedings therein.
Endorsed 5 th December 1759. In the Up"per House read the first
time and passed
Received a Written Message from his Excellency the Governor —
Viz'—
Mr. Speaker — This Session having Continued a fortnight and no
aid Bill being yet brought in and the two Companies upon the pro-
vincial pay. being now on Actual Service must be disbanded upon
the 12 th Instant when their Term by the Law Expires I must there-
fore recommend it to the Assembly to pass a Resolution in Concur-
rence with the Upper House that they may be Continued on pay for
148 COLONIAL RECORDS.
a Longer Term untill they return from the Service they are now
upon or untill a proper Bill be past to Continue them for another •
Year or untill a peace shall be concluded which is absolutely Neces-
sary for the Safety of this province
ARTHUR DOBBS
December 6 th 1759.
Then the House Adjourned till 4 "Clock Afternoon
P. M. The House met according to Adjournment
Received from the Council, the Bill for the better Management
and Security of Orphans and their Estates.
And the Bill Directing the Method of Appointing Jurymen in all
Causes Criminal and Civil and for an Allowance for their Attend-
ance in the Superior Courts.
Endorsed 6 th December 1759. In the Upper House read the first
time and passed
Then the House adjourned till to-morrow morning 9 "Clock.
Fryday the 7 th of December 1759. The House met according to
Adjournment.
Mr. Caswell presented a Petition from Several of the Inhabitants
of Dobbs County setting forth that it would Encourage Commerce
and promote the Navigation of Nuse River if Warehouses were
Erected in the said County for the reception and Inspection of
Tobacco &c
Praying that the Warehouses and other Conveniences may be
Erected On the Several places therein mentioned for the reception
and Inspection of Tobacco &c.
Then on Motion, Ordered, Mr. Caswell prepare and bring in a Bill
pursuant to the Prayer of the said Petition
Mr. Caswell according to Order brought in a Bill to Establish
Warehouses for the Inspection of Tobacco in the County of Dobbs —
which he read in his place and delivered in at the Table where the
same was again read by the Clerk passed and Ordered to be sent to
the Council
Sent the same to the Council by Mr. Caswell and Mr. Davis
Received from the Council the Bill to Establish the Vestry of the
Several Parishes of this Province last Chosen Agreeable to a late Act
of Assembly and to direct the Method for Electing future Vestries,
to provide for an Orthodox Clergy and for settling parish Accounts.
COLONIAL RECORDS. 149
Endorsed 6 th December 1759. In the Upper House read the first
time and passed.
Mr. Ashe presented a Petition of Elizabeth Chappel setting forth
that her husband James Chappel who was enlisted by Col. Granger
and afterwards killed at the Ohio Praying relief &c.
The House taking the Pet n under Consideration
Resolved that the sum of Twenty pounds Proclamation Money be
paid by the Public Treasurer into the hands of The Hon bIe Matthew
Rowan Esq. for the use of the said Elizabeth Chappel out of the
Money paid into the Treasury for the defraying the contingent
Charges of Government and that this Resolve be sent to the Council
for Concurrence.
Sent the above resolve to the Council for Concurrence by Mr. Ashe
and Mr. Mackay.
Mr. Robert Jones Jr. moved for leave to bring in a Bill for En-
larging the time allowed for saving Lots in the Town of the Halifax
preventing the Building Wooden Chimneys therein and other pur-
poses.
Ordered he have leave and that he prepare and bring in the same.
Mr. Ashe laid before the House several Proposals made by Wil-
liam Dry for fully Compleating and finishing Fort Johnston at the
Mouth of Cape Fear River in three years from the day of Agree-
ment.
The House taking the said proposals into Consideration Ordered,
That Mr. Maurice Moore prepare and bring in a Bill to Enable W m
Dry Esq to finish Fort Johnston at the Mouth of Cape Fear River &c.
Received from the Council the Bill to Establish Warehouses for
the Inspection of Tobacco in Dobbs County &c.
Endorsed 7 th December 1759. In the Upper House read the first
time and passed.
Mr. Jones moved that the Bill to Establish Warehouses for the
Inspection of Tobacco in Dobbs County be Committed for Amend-
ment.
Ordered, The Bill be Committed to Mr. Jones and Mr. Caswell
and that they Report to the House the Amendments necessary to
the said Bill.
Received from his Excellency the Governor a Written Message by
Mr. Powell Viz'.
• Mr. Speaker — Having received an Instruction from his Majesty
which prevents me from passing any Paper Bills of Credit unless a
150 COLONIAL RECORDS.
Clause be Incerted that neither these nor the former Bills shall be a
lawful Tender I therefore lay that Instruction before you and as
there is a necessity that the Troops and Militia now employed should
be supported I must recommend it to the Assembly that out of what
money has been paid in to the Treasurers which was borrowed from
the sums issued for school and purchasing Glebes &c and towards
sinking the Treasurers Notes so much may be applyed towards the
Maintenance of the Troops and Contingencys upon this Expedition
to be replaced by the Taxes to be levied by any Aid Bills which you
shall agree to, There being no other Money in the Treasurers Hands
to Answer the Public Service upon many future Emergen cys.
ARTHUR DOBBS.
7 th December 1759
Then the House adjourned till 3 "Clock Afternoon.
P. M. The House met according to Adjournment
Mr. John Harvey moved for leave to bring in a Bill directing the
Method to be taken with Estrays —
Ordered, he have leave and that he prepare and bring in the same
Mr. Harvey brought in the above said Bill which he read in his
place and Delivered in at the Table where the same was again read
by the Clerk passed and Ordered to be sent to the Council —
Sent the same to the Council by Mr. Smith and Mr. Ward
On Motion, Ordered, That Mr. Maurice Moore, Mr. Jno Harvey,
Mr. Jno Stark ey, Mr. John Ashe, Mr. Cornelius Harnett, Mr. Benj n
Wynn and Col Taylor do prepare and bring in a Bill for Regulating
Executions and Distreses
Mr. Maurice Moore according to Order brought in a Bill to Enable
William Dry Esq to finish Fort Johnston at the mouth of Cape Fear
River which he read in his place and Delivered in at the Table
where the same was again read by the Clerk passed and Ordered to
be sent to the Council
Sent the above Bill to the Council by Mr. Moore and Mr. Ashe
Mr. Maurice Moore moved that the House Resolve into- a Com-
mittee of the whole house to consider His Excellency the Governors
Message of yesterday and also that of this day —
Resolved the House resolve into a Committee of the whole House
to Consider the said Messages and Report the Resolutions of the said
Committee thereon to the House •
COLONIAL RECORDS. 151
The House Resolved into a Committee of the whole House to Con-
sider the said Messages &c. and unanimously chose Mr. Geo: Moore
Chairman who took the Chair accordingly — after some time spent,
on Motion ordered the Committee rise and that Mr. Speaker resume
the Chair, the Committee arose and Mr. Speaker Resumed the Chair —
Mr. Chairman Reported that the Committee not having time
throughly to discuss the said Two Messages desired leave to sit again
Resolved the said Committee sit again.
Then the House adjourned till 9 "Clock to-morrow morning
Saturday the 8 th of December 1759 The House met according to
adj ournment —
On Motion resolved the following Message be sent to his Excel-
lency the Gov — Viz' —
North Carolina — ss.
To His Excellency Arthur Dobbs Esq r Capt' Gen 1 Gov. and Com-
mander in Chief in and over the said province
Sir — In answer to your Message of yesterday the Assembly would
observe that passing a Bill for Emission of Paper Currency under
the restrictions mentioned in his Majesty's Instructions which you
were pleased to lay before us will greatly Affect the payment of
Quitrents and other Branches of the Revenue of the Crown within
this Province must depretiate the present Paper Currency and prove
a means of destroying the Credit of the Country. Therefore as they
cannot without Introducing these fatal mischiefs pass a Bill for
Emitting Paper Currency to pay and subsist the Troops now in the
pay of this province and the Militia Included to be sent with the
Troops of South Carolina against the Cherokees The Assembly
would desire your Excellency to acquaint them what Number of
the Militia is Intended to be sent on that Duty — That Provisions
may be made for supporting them out of the money replaced for
schools purchasing Glebes &c and at the same time would inform
your Excellency that there is only £4,000 of that Money replaced
so that should it require more to support them than that Sum they
must remain unprovided for, And the Public faith be violated, A
Matter the Assembly above all things would wish to avoid.
SAM 1 SWANN, Speaker
By Order W m Herritage, Clk.
8 th Dec 1759.
152 COLONIAL RECORDS.
Sent by Mr. Moore and Mr. Vail.
Mr. Johnston presented a petition of the Principal part of the
Freeholders and Inhabitants of Edgcomb County — Setting forth
that thro' mismanagement and a Secret and Clandestine Manner an
Act was passed last Session of Assembly to fix the Courthouse of
the said Country at Redmans old field on Tyoncoca which is found
to be near the verge of said County and Inconvenient to the Inhab-
itants to attend the said County Courts Praying Relief &c.
. On Motion ordered that Mr. Johnston prepare and bring in a
Bill pursuant to the prayer of the said Petition
Mr. Harris presented a Petition of several of the Inhabitants of
Granville Count}' Setting forth That Granville and St Johns par-
ishes in the said County are very unequally divided — Praying an
Equal division of the said Parishes and that the County be di-
vided &c.
On Motion, Ordered, That Mr. Harris do prepare and bring in a
Bill pursuant to the prayer of the said Petition.
Mr. Harris according to Order brought in a Bill for dividing
Granville Count}' and other purposes which he read in his place
and delivered in at the Table where the same was again read by the
Clerk passed and Ordered to be sent to the Council.
Sent the Bill to the Council by Mr. Harris and Mr. Jones.
Received from His Excellency the Governor a Written Message
by Mr. Powell (Viz) as follows —
Mr. Speaker — I have received your Answer to my Message sent
yesterday In answer to which I must inform you That I have given
Orders that the Militia to be sent to co-operate with Gov. Littleton
should be a number not to exceed five hundred, as can be raised
and properly manned.
I must also observe that you have made no mention of the Com-
panies now in pay, whether you continue them as they must be dis-
banded by Law on Monday next, without you form a Resolution to
keep them on foot in Concurrence with the Upper House, That I
may be justified in keeping them on foot on the present Emergency
ARTHUR DOBBS
On Motion Resolved, that the Consideration of the above Message
be referred to the Committee of the whole House Appointed to Con-
sider His Excellencys Message of the 6 th and 7 th Instant.
COLONIAL RECORDS. 153
The Order of the day being read The House resolved into a Com-
mittee of the whole House to Consider the above Messages and Mr.
Chairman took the Chair
The Committee having Considered the several Messages referred
to them for Consideration and came to the following Resolutions
(to wit)
Resolved That the Forces now in the pay of this province, And
the Militia thereof not Exceeding 500 Men to be raised by Order of
the Governor and Council in Virtue of an Act of the Assembly of
this province passed the 28 th day of November 1759 to joyn .the
Forces of South Carolina now under the Command of Governor
Littleton be kept in pay until the 10 day of Feb 7 next if his Majesty's
Service shall so long require it
Resolved that an Aid of £5,000 be Granted to His Majesty to
defray the Expence of keeping the said forces and Militia
Resolved, That the sum of £4,000 now in the Treasury for Erect-
ing Schools and Purchasing Glebes &c. and also [the] sum of £1000
of the same fund as the same shall be paid into the Treasury be
borrowed for the payment of the said Forces and Militia
Resolved, That a Tax of two shillings be laid on Each Taxable
person in this Province for the Years 1760 and 1761 for replacing
the said £5,000.
To which Resolves the House agreed — And on Motion Ordered
That Mr. Jones, Mr. Starkey and Col Harvey do prepare and bring
in a Bill pursuant to the above resolves.
Then the House adjourned till Monday Morning 9 "Clock.
Monday the 10 th of December 1759. The House met according to
Adjournment
Mr. Jones and Mr. Caswell according to Order Reported to the
House several Amendments necessary to the Bill to Establish Ware
Houses for the Inspection of Tobacco in the County of Dobbs which
were read and approved of by the House and Ordered to be Inserted
in the said Bill
The said Amendments are Incerted Accordingly and on Motion,
Ordered the said Bill be read a second Time, Read the same a
second time with the said Amendments passed and Ordered to be
sent to the Council.
Sent the same to the Council by Mr. Harris and Mr. Isaac Jones.
Resolved the following Message be sent to the Council Viz'
154 COLONIAL RECORDS.
Gentlemen of his Majestys HoN ble Council
This House having Resolved That the forces now in the pay of
this Province And the Militia thereof not Exceeding 500 Men to
be raised by Order of the Gov' and Council in virtue of an Act of
the Assembly of this Province passed the 28 th day of November last
to join the forces of South Carolina now under the Command of
Governor Littleton be kept in pay until the 10 th day of February
next if his Majestys Service shall so long require it desire your Con-
currence. SAM 1 SWANN Speaker
By order W m Herritage Clk.
10 th Dec 1759.
Sent by Mr. Harris and Mr. Jas Jones
Then the House Adjourned till to morrow Morning 9 "Clock.
Tuesday the 11 th December 1759 — The House met according to
Adjournment
• Mr. Smith presented a Certificate from the County Court of Beau-
fort therein recommending W m Newman of said County to be Ex-
empt from paying public Taxes and doing public Duties.
Ordered he be Exempt Accordingly.
On Motion, Resolved the House Resolve into a Committee of the
whole House to Consider the Amendments necessary to the Bill for
Establishing Superior Courts of Pleas and Grand Sessions and reg-
ulating proceedings therein.
The House resolved into a Committee of the whole House to Con-
sider the Amendments necessary to the said Bill and unanimously
Chose Mr. John Starkey Chairman who was placed in the Chair
Accordingly after some time spent therein and several Amendments
proposed which Mr. Chairman was directed to report to the House.
Mr. Speaker resumed the Chair.
Mr. Chairman Reported that the Committee .had Considered of
Several Amendments necessary to the said Bill and that the Com-
mittee not having time to reduce them into form desire leave to sit
again.
Resolved, the Committee have leave to sit again to morrow.
"Mr. Jones presented a Certificate from the County Court of North-
ampton recommending Arthur Oneil of said County to be exempt
from paying Public Taxes &c.
Ordered to be exempt accordingly
COLONIAL RECORDS. 155
Received from the Council the Bill for dividing Granville County
and other purposes — Endorsed 10 th Dec 1759 — In the Upper house
read the first time and passed
Received from the Council the Resolve of this House of Yester-
day regarding the pay of the forces and Militia of this province
Endorsed 10 th Dec. 1759 — In the Upper House concurred with.
MATT ROWAN P. C.
And further Endorsed Assented to 10 lh December 1759.
ARTHUR DOBBS.
Then the House adjourned till tomorrow morning 9 "Clock.
Wednesday the 12 th December 1759 — The House met according to
Adjournment
Mr. Harvey from the Committee appointed to prepare and bring
in a Bill Pursuant to the Resolves of this House on Saturday last
Reported that the Committee had prepared the said Bill which he
laid before the House
Then on Motion, Ordered, the said Bill be read the same [was
read] passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Harvey and Mr. Vail
On Motion, Ordered, the Bill for dividing Granville County and
other purposes be read the Second time, Read the same a second
time passed and ordered to be sent to the Council.
Sent the same to the Council by [Mr.] Harvey and Mr. Vail.
The Order of the day being read the House Resolved into a Com-
mittee of the whole House and Mr. Chairman took the Chair.
Mr. Chairman Reported to the Committee that he had reduced
the several Amendments necessary to the Bill for appointing Supe-
rior Courts &c into form which he read and was directed to report
the same to the House Then on Motion Mr. Speaker resumed the
Chair
Mr. Chairman Reported that the Committee had taken into Con-
sideration the several amendments necessary to the Bill for appoint-
ing Superior Courts and to which on reading thereof the House
agreed and Ordered the said Amendments to be Incerted in the said
Bill, the same are Incerted accordingly.
Then on motion, Ordered the said Bill be read the second time
with the Amendments. ' Read the same a second time with the said
Amendments passed and ordered to be sent to the Council.
Sent the same to the Council.
Then the House adjourned till 3 "Clock Afternoon.
156 COLONIAL RECORDS.
The House met according to Adjournment.
Received from the Council the Bill for Granting an Aid to his
Majesty for paying and subsisting the forces and Militia now in
the pay of this province and for other purposes. Endorsed 12 th De-
cember 1759. In the Upper House read the first time and passed.
And the Bill to Enable W m Dry Esq to Finish Fort Johnston at
the mouth of Cape Fear River &c. Endorsed 12 th Dec 1759. In
the Upper House read the first time and passed with Amendments.
On motion, Resolved, The House Resolve into a Committee of the
whole House to Consider the Amendments necessary to the Bill to
Establish Inferior Courts of Pleas and Quarter Sessions in the Sev-
eral Counties in this Province.
The House Resolved into a Committee of the whole House for the
purposes aforesaid and unanimously chose Mr. John Starkey Chair-
man who took the chair Accordingly.
The Committee took the said Bill under Consideration — And
agreed to several Amendments thereto but not having time to re-
duce them into form it was Resolved That the Chairman Acquaint
the House thereof and desire leave to sit to-morrow and then on
motion the Committee arose and Mr. Speaker resumed the Chair.
Mr. Chairman Reported that the Committee had considered of
several amendments necessary to the said Bill but not having time
to reduce them into form desired leave to sit again to-morrow. Re-
solved the Committee have leave to sit to-morrow.
On motion Ordered, The Bill to Enable W m Dry Esq' to finish
Fort Johnston at the mouth of Cape Fear River be read a second
time. Read the same a second time passed and Ordered to be sent
to the Council.
Sent the same to the Council by Mr. Mackay and Mr. Wynn.
Then the House adjourned till to-morrow morning 8 "Clock.
Thursday the 13 th of December 1759. The House met According
to Adjournment
Received a Verbal Message from the Governor by Mr. Powell
desiring to know if this House will join with him and the Council
in an Address to his Majesty.
The House on Considering the same Resolved that the following
Message be sent to his Excellency Viz 4
To His Excellency the Governor —
Sir — In answer to your Message by Mr. Powell signifying that
your Excellency and the Honourable Members of his Majestys Coun-
COLONIAL RECORDS. 157
cil had prepared an Address to his Majesty Congratulating him on
the signal success and victories of His Fleets and Armies the last
Campaign and desiring to know whether this House will join in the
same — The Assembly would Acquaint you they are Willing and
ready to Concurr therein. S. S. Sp r
13 th December 1759.
Sent by Col. Harvey and Mr. Moore.
The Order of the day being read The House resolved into a Com-
mittee of the whole House and Mr. Chairman took the Cl}air. Mr
Chairman reported to the Committee that he had reduced the sev-
eral Amendments necessary to the Bill to Establish Inferior Courts
of Pleas and Quarter Sessions in the Several Counties in this Prov-
ince which were read in the Committee And the Chairman was di-
rected to report the same to the House.
Then on motion Mr. Speaker resumed the Chair.
Mr. Chairman Reported that the Committee had taken into Con-
sideration the Several Amendments Necessary to the said Bill. To
which the House agreed and Ordered the said Amendments be In-
serted in the said Bill. The same are Inserted accordingly.
Then on motion ordered — The said Bill be read a second time
with the said Amendments. Read the said Bill a second time with
the said Amendments passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Churton and Mr. Gray.
Mr. Gray moved for leave to bring in a Bill to Impower Lawrence
Thompson his Heirs &c to Collect two shillings tax &c.
Ordered, he have leave and that he prepare and bring in the
same.
Mr. Gray brought in the said Bill which he read in his place and
delivered in at the Table where the same was again - read by the
Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Gray and Mr. Churton.
The Messenger who was sent for the absent Members (to wit) Mr.
Churton and Mr. Payne returned that he had been for the said
Members and it is adjudged that the distance he has travelled
from Wilmington is about Two Hundred Miles — Therefore Resolved
That he be paid £9.5.0 and it appearing to the House That Mr.
Robert Harris had been very sick — notwithstanding which he set
out from home on his Journey to this Assembly and was near Wil-
mington when the Messenger sett off for him therefore Resolved
that one third of the said sum be paid by the Public Treasurer to
158 COLONIAL RECORDS.
the said Messenger and that he be allowed the same on passing his
Accounts with the Public and also that the said Treasurer pay five
pounds to Jacob Blacklive and that he be repaid the same by the
Members for whom he the said Jacob went in May Session 1758 the
other two Thirds of the said £9.5.0 be paid Equally to said Mes-
senger by Mr. Churton and Mr. Paine.
On Motion, Ordered, the Bill for Establishing a Town on the Land
formerly Granted to W m Churton Gent n lying on the North side of
Enoe River in the County of Orange be read the second time. Read
the same a second time and passed. Ordered to be sent to the
Council
Sent the same to the Council by Mr. Churton and Mr. Gray
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
On Motion, Resolved the Bill to Establish the Vestry of the Sev-
eral Parishes of this Province last Chosen Agreeable to a late Act of
Assembly and to direct the Methed of Electing future Vestries to
provide for an Orthodox Clergy and for Settling Parish Accounts be
read the second time. Read the said Bill the second time, passed.
Ordered to be sent to the Council
Sent the same to the Council by Mr. Wyat and Mr. Spruel.
On Motion, Ordered, the Bill for Granting an Aid to his Majesty
Paying and subsisting the forces and Militia now in the pay of this
Province and for other purposes be read the second time. Read the
same a second time.
And on Motion Resolved the House Resolve into a Committee of
the whole House to morrow Morning to consider the said Bill
Mr. Harvey laid before this House the Report of the Committee
Appointed last Session of Assembly to A 7 iew Fort Granville — As
follows —
Pursuant to a resolve of the Assembly the 19 th day of December
1758 — We John Harvey, William Mackay and Joseph Herron in July
last viewed Fort Granville its Scituation and Conveniency, And do
Report that in our opinion the said Fort is best Scituated to Protect
the Trade of Port Roanoke ; Port Bath, and Port Beaufort it can
possible be and think it for the advantage of this province that the
said Fort should be Compleated and a proper Garrison Continued
therein during the present War and we do herewith lay before the
House a Plan of the said Fort And an Account of the Artillery and
Amunition at that time in the Fort It also Appears to us by Capt
COLONIAL RECORDS. 159
McNair 8 Accounts with the Commissioners that the sum of Three
Thousand seven hundred and ninety-five "pounds fourteen Shillings
and Eleven pence farthing had then been Expended on the said
Fort Gov" 3 House &c which is humbly submitted to the House by
John Harvey W m Mackay and Jos: Herron.
Then on motion, Ordered the same be referred to the Committee
to be appointed to Consider the said Bill.
Then the House adjourned till to-morrow morning 9 "Clock.
Fryday the 14 th of December 1759. The House met according to
Adjournment.
The Order of the Day being read the House resolved into a Com-
mittee of the whole House as well to Consider the Aid Bill as the
report of Mr. Harvey, Mr. Mackay and Mr. Harron regarding Fort
Granville and unanimously Chose Mr. John Stark ey Chairman who
took the Chair Accordingly.
The Committee took the said Bill under Consideration and agreed
to several amendments directed the Chairman to report the same to
the House then on motion Mr. Speaker resumed the Chair.
Mr. Chairman reported that the Committee had considered of and
agreed to several Amendments, necessary to the said Bill which he
read in his place and were agreed to by the House and on motion
Ordered the said Amendments be inserted in the said Bill. These
Amendments are accordingly Inserted.
Then on motion, Ordered the said Bill be sent to the Council -with
the said Amendments by Mr. Ward and Mr. Jones.
Received from the Council the Bill to Impower Lawrence Thomp-
son his heirs &c to collect the two shillings Tax &c. Endorsed 13 th
Dec. 1759. In the Upper House read the first time and passed.
The Bill to Establish the Warehouses for the Inspection of To-
bacco in the County of Dobbs — Endorsed 14 th Dec r 1759 In the
Upper House Read the second time and passed.
And the Bill for Establishing a Town on the Land formerly
Granted to W m Churton Gen' &c Endorsed U th Dec 1759 In the
Upper House read the second time amended and passed
Mr. Stark ey moved a Committee be Appointed to prepare and
bring in a Bill Establishing a Court of Kings Bench and Courts of
Common Pleas and of Oyer and Terminer for the Province of North
Carolina and Mr. Jones, Mr. Johnston, Mr. Maurice Moore, and Mr.
Richard Caswell and Mr. John Starkey are accordingly appointed
160 COLONIAL RECORDS.
Mr. Harnett moved for leave to bring in a Bill to Impower and
direct Commissioners within mentioned to lay out and make a new
road from the East End of the White Marsh Causway in Bladen
County to Livingston Creek Bridge on the Bounds of New Hanover
County.
Ordered, he have leave and that he prepare and bring in the same.
Mr. Harnett brought in the above said Bill which he read in his
place and delivered in at the Table where the same was again read
by the Clerk
Then the Motion was made and the Question put whether the
same pass or not and was carried in the negative.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment.
On Motion, Ordered, the Bill to impower Lawrence Thompson his
Heirs &c, to Collect the 2 shillings Tax &c, be read the second time —
Read the same a second time passed and Ordered to be sent to the
Council.
Sent the same to the Council by Mr. Churton and Mr. Gray.
On Motion, Ordered, the Bill for Establishing a Town on the Land
formerlv Granted to W m Churton lving on the North side of the
River Enoe in the County of Orange be read the third time — Read
the same a third time amended and passed — Ordered to be sent to
the Council.
Sent the same to the\Council by Mr. Churton and Mr. Gray.
Then the House adjourned till to morrow 9 "Clock
Saturday 15 th December 1759. The House met according to Ad-
journment.
On Motion Ordered the Bill to Establish Warehouses for the Inspec-
tion of Tobacco in the County of Dobbs and other purposes be read
the Third time.. Read the same a third time amended and passed.
Ordered to be sent to the Council
Sent the same to the Council by Mr. Caswell and Mr. Vail
Then the House Adjourned till Monday Morning 10 "Clock.
Monday the 17 th December 1759. The House met according to
Adjournment.
On Motion, Resolved, That Mr. John Harvey, Mr. W m Mackey
and Mr. Joseph Herron be allowed the sum of £38.5.0 for their
Sloop hire Trouble and Expence in viewing Fort Granville in July
COLONIAL RECORDS. 161
last and that the said sum be paid by the Commissioners out of the
Money Appropriated for the use of the said Fort.
On Motion, Resolved, the Committee that viewed Fort Dobbs be
allowed £9 for their Expences &c in viewing said Fort.
The House being Acquainted that several of the Tuscorora In-
dians are now in Town and require some Assistance — It is therefore
Resolved that Mr. Harnett do provide necessary provisions and drink
for the said Indians during their stay in Town and that the public
Treasurer repay him all such Money he shall so advance and be
allowed the same on passing his Accounts with the Public.
Resolved the following Message be sent to the Council Viz 4
Gentlemen of His Majesty's HoN ble Council —
This House have resolved that Mr. Cor ns Harnett provide neces-
sary provisions and drink for the Tuscorora Indians now in Town
during their stay and that the Public Treasurer repay him such
money he shall so advance and be allowed the same on passing his
Accounts with the Public to which desire your Honours Concur-
rence. S. S. S.
17 th December 1759.
Mr. Taylor acquainted the House that Mr. Rob 1 Murden one of
the Members for Pasquotank County is dead and moved That his
Excellency be desired to direct the Clerk of the Crown to issue a
Writ for Electing a Member for the said County to sit and Vote in
this present Assembly in the room and stead of the said Robert
Murden deceased.
Sent a Message to His Excellency by Mr. Coutanch and Major
Harvey accordingly.
Then the House adjourned till tomorrow morning 9 "Clock
Tuesday the 18 th of December 1759 The House met according to
Adjournment,
Read the Petition of Sundry of the Inhabitants of the Western
Part of Chowan County and the Northern part of Bertie County and
the Eastern part of Northampton County — Setting forth that the
Inhabitants of the said Parts of the said three Counties are very remote
from the several Court Houses of the several and respective Coun-
ties aforesaid &c Praying an Act may pass for their relief &c
On Motion Ordered, Mr. AVynn prepare and bring in a Bill pur-
suant to the prayer of the said Petition — Mr. Wynn according to
Vol. VI— 11
162 COLONIAL RECORDS.
Order brought in the above said Bill which he read in His place
and delivered in at the Table where the same was again read by the
Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Coutanch and Major Harvey.
Mr. Coutanch moved for leave to bring in a Bill to Enable the
Commissioners of Port Bath and Port Beaufort to amend the navi-
gation and for other purposes.
Ordered he have leave and that he prepare and bring in the same.
Mr. Coutanch brought in the above said Bill which he read in
his place and Delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Coutanch and Major Harvey.
Then the House adjourned till to morrow Morning 9 "Clock.
Wednesday the 19 th December 1759. The House met according
to Adjournment
Received from the Council the following Bills (to wit)
The Bill to Establish Warehouses for the Inspection of Tobacco
in the County of Dobbs and other purposes. Endorsed 17 th Decem-
ber 1759 In the Upper House read the third time and passed Or-
dered to be engrossed.
A Bill to Impower Lawrence Thompson his Heirs &c. to Collect
the two shillings Tax &c. Endorsed 17 th December 1759. In the
Upper House read the second time and passed
The Bill to enable the Commissioners of Port Bath and Port
Beaufort to amend the Navigation and for other purposes.
And the Bill for Erecting Part of the Counties of Chowan Bertie
and Northampton into a County and Parish Endorsed 19 th Decem-
ber 1759. In the Upper House read the first time and passed.
On motion, Ordered, the Bill for Erecting Part of the Counties of
Chowan, Bertie and Northampton into a County and Parish be
Committed to the Members of the said Counties for Amendment
Mr. Jones from the Committee Appointed to prepare and bring
in a Bill Establishing a Court of Kings Bench and Courts of Com-
mon pleas and Courts of Oyer and Terminer and General Goal De-
livery for the province of North Carolina Reported that the Com-
mittee had prepared the same which he presented to the House for
the reception thereof. The House received the same and Ordered
the said Bill be read. Read the same passed and Ordered to be sent
to the Council
Sent the same to the Council by Mr. Caswell and Mr. Johnston.
COLONIAL RECORDS. 163
Received from the Council the Resolve of this House of Monday
last regarding the Providing Necessarys for the Tuscorora Indians
now in Town Endorsed 17 th December 1759 In the Upper House
Concurred with MATT. ROWAN, P. C.
Then the House Adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
On motion, Ordered, The Bill Directing the Method to be taken
with Strays &c be read the second time. Read the same a second
time Amended passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Coutanch and Mr. Gray.
On motion, Ordered, the Bill to Impower Lawrence Thompson his
heirs &c to collect the two shillings Tax &c be read the Third time.
Read the same a third time passed and Ordered to be sent to the
Council
Sent the same to the Council by Mr. Coutanch and Mr. Gray.
On motion Ordered, the Bill to Impower Lawrence Thompson his
heirs &c to collect the two shillings Tax &c be read the third time
Read the same a third time passed and Ordered to be sent to the
Council
Sent the same to the Council by Mr. Coutanch and Mr. Gray
On motion, Ordered, The Bill to Enable the Commissioners of
Port Bath and Port Beaufort to Amend the Navigation and for
other purposes to [be] read the second time. Read the same the
second time passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Coutanch and Mr. Gray.
Then the House adjourned till tomorrow morning 9 "Clock.
Thursday the 20 th December 1759. The House met according to
Adjournment.
Mr. Jones moved for leave to bring in a Bill for Enlarging the
time for saving Lots in the town of Halifax preventing the Building
Wooden Chimneys therein and other purposes.
Ordered he have leave and that he prepare and bring in the same.
Mr. Jones brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Wynns and Mr. Vail.
Mr. Jones one of the Committee to whom the Bill for Erecting
part of the Counties of Chowan, Bertie, and Northampton into a
County and parish &c. was Committed reported that the Committee
164 • COLONIAL RECORDS.
had prepared Several Amendments thereto which he laid be-
fore the House were approved of and Ordered to be inserted in the
Bill — The same are accordingly Incerted.
Mr. Jones presented the Petition of Sundry of the Inhabitants of
the County of Northampton Setting forth their disapprobation of
the said Bill which being read and Considered by the House It is
resolved that the said Petition be rejected.
Then on motion, Ordered, the said Bill pass with the said Amend-
ments and be sent to the Council.
Sent -the same to the Council by Mr. Wynns and Mr. Vail.
John Burnett Sergeant at Arms having returned the Warrant to
him directed to take into his Custody the Several Members follow-
ing (to-wit) Mr. Dempsey Sumner, Mr. Thos Relf, Mr. W m Murfree,
Mr. Jacob Blount, Mr. Griffith Jones, Mr. James Davis, Mr. Jos :
Bryan that he had Executed the same.
It is therefore Ordered That the Public Treasurer pay the sum of
£14.10 to the said Sergeant and that the same be repaid the said
Treasurer by the said Members (to-wit) £2.1.6 Each.
Mr. Harnett laid before the House the Report of the Committee
Appointed at November Session of Assembly 1758 to view Fort
Johnston &c. as follows (to wit)
We the Subscribers being appointed by a Resolve of the Assem-
bly in November Session 1758 to view Fort Johnston at the mouth
of Cape Fear River and to report the present Condition thereof Do
find the Scituation Convenient and was the fort finished Agreeable
to the proposed plan would be a great Protection to the trade of that
River.
But we are sorry to report that its present Appearance does no
ways Answer the large sums Expended in Erecting it, the back part
(being the remains of the first Palisadoed Fort is Rotten and falling
in Ruins) the fort being now built of Stone below and Tably work
above is good, but not yet carried high enough. The Platforms are
rotten, the barracks not built neither is there a Magazine or Well.
We have not seen the Commissioners account which puts it out of
our Power to report how the money hath bee*n Applyed, but would
recommend it to the House to Order that their Accounts may be laid
before the Committee of Public Accounts for their Inspection.
We are of Opinion that it will be for his Majesty's Service to have
the said Fort Finished and that the agreeing with an Undertaker
for a. sum Certain to Compleat it in a short time under proper Regu-
lations will be the most saving method, and that in the mean time,
COLONIAL RECORDS. 165
a Sufficient Number of Men under one officer may be kept in pay
there to guard the Guns, Stores &c which is submitted by —
SAM 1 SWANN
JOHN STARKLY
COR 3 HARNETT
On Motion, Resolved his Excellency be addressed to direct the
Commissioners of Fort Johnston to lay their Accounts of the Moneys
by them laid out and Expended in building the said Forts before
the Committee of Public Accounts that the said Committee may
make a Report thereon to this House.
Mr. Johnston moved for leave to bring in a Bill for adjourning
the County Court of Edgecomb and other purposes.
Ordered he have leave and that he prepare and bring in the same.
Mr. Johnston brought in the above mentioned Bill which he read
in his place and delivered in at the Table where the same was again
read by the Clerk passed and ordered to be sent to the Council.
Sent the same to the Council by Mr. Johnston and Mr. .Churton.
Sent the following Message to his Excellency the Governor —
viz' —
Sir — This House having under Consideration the State of Fort
Johnston Desire your Excellency will be pleased to Direct the Com-
missioners of the said Fort to lay the Account of the Money by them
laid out and Expended thereon before the Committee Appointed to
state and settle the Public Accounts of this Province.
s. s. s.
20 th December 1759.
Then the House adjourned till to morrow Morning 9 "Clock
Fryday the 21 st of December 1759. The House met according to
Adjournment
Received from the Council the Bill for Establishing a Court of
Kings Bench Courts of Common Pleas and Courts of Oyer and Ter-
miner and General Goal Delivery for the province of North Carolina
Endorsed 21 st December 1759 In the Upper House read the first
time and passed.
And the Bill for Establishing a Town on the Land formerly
Granted to William Churton Gent" lying on the North Side of the
River Enoe in the County of Orange
166 COLONIAL RECORDS.
Endorsed 17 th December 1759. In the Upper House read the third
time and passed.
Ordered to be engrossed.
Then the House adjourned till 3 "Clock Afternoon
P. M. _ The House met according to adjournment
On Motion Ordered the Bill for Establishing a Court of Kings
Bench Courts of Common Pleas &c be Committed for Amendments
to Mr. Jones, Mr. Starkey, Col Harvey, Mr. Johnston, Mr. Maurice
Moore, Mr. Wynns, Mr. Caswell, and that they report to the House
the Amendments necessary thereto.
Then the House Adjourned till tomorrow morning 9 "Clock
Saturday the 22 d December 1759 The House met according to
Adjournment
Resolved the following Message be sent to the Council Viz'
Gentlemen of His Majestys HoN ble Council
This House have resolved That the Committee who viewed Fort
Granville by order in July last be allowed the sum of Thirty Eight
Pounds and five shillings for Sloop hire and Expences on that
Service — And that the Committee who viewed Fort Dobbs by order
of the House be Allowed Nine pounds for their Expences on that
Service and that the said Two sums be paid by the Commissioners
out of the Money Appropriated for the use of the said Forts to which
desire your Honours Concurrence. S. S. Speaker.
By order Wm. Herritage Clk
22 d December 1759.
Sent the above message to the Council by Mr. Harris and Mr.
Churton.
Mr. Harnett presented the Petition of Several Tanners and Mer-
chants in behalf of themselves and others — Setting forth that thro'
the Great Mortality of the Stocks of Cattle in this Province belong-
ing to the Inhabitants, thereby the said Stocks are greatly Dimin-
ished — Praying a Bill may be brought in to prevent the driving
Cattle out of this province &c — which Petition he read in his Place
and on Motion Ordered the said Petition lye on the Table for Con-
sideration.
Then the House adjourned till Monday Morning 9 "Clock.
COLONIAL RECORDS. 107
Monday 24 th December 1759 The House met according to adjourn-
ment
Mr. Jones from the Committee to whom the Bill for Establishing
a Court of Kings Bench, Courts of Common Pleas &c was Commit-
ted — Reported that the Committee had considered the said Bill and
proposed several Amendments thereto which he laid before the
house.
The House approved of the said Amendments and ordered they
be Inserted in the said Bill the same was accordingly Inserted
Then on motion Ordered the said Bill be read a second time Read
the said Bill a second time with the said Amendments passed and
Ordered to be sent to the Council
Then the House adjourned till Wednesday morning 9 "Clock.
Wednesday 26 th December 1759. The House met according to
adjournment
Mr. Houston moved for leave to bring in a Bill to alter the method
of Working on the roads in the County of Duplin '
Ordered he have leave and that he prepare and bring in the same.
Mr. Houston brought in the above mentioned Bill which he read
in his place passed and Ordered to be sent to the Council.
Sent the said Bill to the Council by Mr. Wyatt and Mr. Spruel
Then the House adjourned till 9 °Clock tomorrow morning.
Thursday the 27th December 1759. The House met according to
Adjournment.
Resolved, the following Message be sent to His Excellency the
Governor Viz*
g IR — His|Majesty having thought proper to repeal the Act of As-
sembly for Establishing Supreme Courts, the Assembly have pre-
pared a Bill for Constituting Courts of Justice within this Province
in which they have taken Especial Care to preserve to his Majesty
his just rights and prerogative and to obviate the Objections which
Occasioned the repeal of the said Act But as the Extensive Settle-
ments of this Province render it Impracticable for Suitors Jurors
Evidences and others to Attend a Supreme Court of Judicature at
any one place within the Government, The Assembly would pro-
pose to Divide the province into five- Several Districts and a Court
may be Established in Each of them Invested with Competent pow-
ers for Executing the Laws and rendering the Administration of
168 COLONIAL RECORDS.
Justice easy and Expeditious and would therefore desire your Ex-
cellency to Appoint proper places for holding such Courts at, That
the Assembly may Proceed to perfect the said Bill.
. Sent the above Message by Mr. Jones and Mr. Moore.
Mr. Jones acquainted the House that he together with Mr. Moore
had according to Order waited on his Excellency the Governor with
the above Message and that his Excellency directed them to ac-
quaint the House That such places as the Assembly should appoint
(to-wit) New Bern, Wilmington, Eden ton, Halifax and Salisbury
would be agreeable to him and by Order the said places are Accord-
ingly Inserted in said Bill.
Received from the Council the Bill for Enlarging the time al-
lowed for saving Lotts in the Town of Halifax &c. Endorsed 21 st
December 1759. In the Upper House read the first time and passed.
The Bill to Enable the Commissioners of Port Bath and Port
Beaufort to amend the Navigation &c. Endorsed 21 8t of December
1759. In the Upper House read the second time and passed.
And the Bill for Erecting Part of the Counties of Chowan, Bertie
and Northampton. Endorsed 21 st Dec 1759. In the Upper House
read the second time Amended and passed.
Then the House Adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
On Motion, Ordered, the Bill for Establishing a Court of King's
Bench Courts of Common Pleas and Courts of Oyer and Terminer
and General Goal Delivery for the Province of North Carolina be
sent to the Council by Mr. Wynns and Mr. Smith
Sent the same to the Council by Mr. Wynns and Mr. Smith.
Then the House Adjourned till 9 "Clock tomorrow Morning.
Friday the 28 th of December 1759. The House met according to
Adjournment.
Mr. Davis moved for leave to bring in a Bill for Appointing Com-
missioners for finishing the Court house Already begun in the Town
of New Bern and for other purposes.
Ordered he have leave and that he prepare and bring in the
same.
Mr. Davis brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Ward and Mr. Jo u Jones
COLONIAL RECORDS. 169
On Motion Ordered, the Bill to Enable the Commissioners of Port
Bath and Port Beaufort to amend the Navigation and for other pur-
poses be read the third time. Read the same a Third time amended
passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Ward and Mr. Jones.
On Motion, Ordered, the Bill for Enlarging the time allowed for
saving Lots in the Town of Halifax &c, be read the second time,
Read the same a- second time passed and Ordered to be sent to the
Council
Sent the same to the Council by Mr. Ward and Mr. Jones.
Pursuant to the Order of Friday the 14 th Instant Sent the Bill
for Granting an Aid to his Majesty &c. to the Council by Mr. Ward
and Mr. Jones.
Then the House adjourned till 3 "Clock Afternoon.
P. M. The House met according to Adjournment
Mr. Jones moved for leave to bring in a Bill for the Appointment
of Vestries
Ordered he have leave and that he prepare and bring in the same.
Mr. Jones brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Johnston and Major Harvey.
Received a written Message from his Excellency the Governor —
Viz'
Mr. Speaker axd Gentlemen of the Assembly
I having by his Majesty's Orders by Commission Appointed a
Store keeper for the Ordnance Stores sent as a Present to this prov-
ince for fort Johnston and for the use of this province to the Value
of £3,448 Sterling and taken Security of £2,000 Sterling for the dis-
charge of his Trust and to be Accountable for the same And am
Ordered to annex a Proper Salary to the said Office and to recom-
mend it to the Assembly to provide for the payment thereof, And as I
find that only £12 proclamation Money p Annum has been hitherto
allowed for the Store keeper which is not Equivalent for the Trouble,
Care and Correspondence he must Carry on with the Ordnance
Board, and not suitable for a Gentleman Commissioned and recom-
mended by his Majesty to the Assembly, I must therefore recom-
mend it to you to provide a suitable Salary to the Office Equivalent
170 COLONIAL RECORDS.
to the Trust Care and Trouble Attending the same pursuant to my
Orders from his Majesty.
ARTHUR DOBBS.
December 27 th 1759.
On, Motion, Resolved the said Message lye for Consideration
Then the House adjourned till to morrow morning 9 "Clock.
Saturday the 29 th December 1759. The House met according to
Adjournment.
On Motion, Ordered the Bill for Erecting part of the Counties of
Chowan, Bertie and Northampton into a County and parish be read
the third time. Read the same a Third time amended passed and
Ordered to be sent to the Council
Sent the same to the Council by Mr. Wynns and Mr. Caswell.
Received from the Council the Bill for Establishing a Court of
King's Bench, Courts of Common Pleas &c.
Endorsed 29 th Dec 1759 — In the Upper House read the second
time amended and passed
Received from the Council the Bill to Enable W m Dry Esq to finish
Fort Johnston at the Mouth of Cape Fear — And the Bill to Establish
Inferior Courts of Pleas and Quarter Sessions in the Several Coun-
ties in this Province
Endorsed 29 th Dec 1759 — In the Upper House read the second
time amended and passed
Received from the Council the Message of the 7 th Instant regard-
ing the allowance of £'20 to Elizabeth Chappel and also the Resolve
of this House of the 22 d Instant for an Allowance to the Committees
who viewed Fort Granville and Fort Dobbs at Core Sound — the lat-
ter Endorsed Dec 27 th 1759— the former Endorsed 29 th Dec 1759—
In the Upper House— Concurred with. MATT ROWAN P. C.
On Motion, Ordered the Bill for Establishing a Court of Kings
Bench Courts of Common Pleas and Courts of Oyer and Terminer
and General Goal Delivery for the Province of North Carolina be
read the third time Read the same a third time Amended passed
and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Gray and Mr. Bravard.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
COLONIAL RECORDS. 171
Then the House adjourned till Monday Morning 10 "Clock.
Monday the 31 st of December 1759 — The House met according to
Adjournment
Received from the Council the Bill to Impower Lawrence Thomp-
son his. Heirs etc to Collect the 2 shillings Tax in Orange County &c —
And the Bill for Erecting Part of the Counties of Chowan, Bertie
and Northampton into a County and Parish The former Endorsed
21 st Dec 1759— The latter Endorsed 29 th Dec 1759— In the Upper
House read the third time and passed
Ordered to be Engrossed
And the Bill to Enable the Commissioners of Port Bath and Port
Beaufort to amend the Navigation and for other purposes Endorsed
29 th Dec 1759 — In the Upper House read the third time and passed.
Ordered to be engrossed.
Mr. Jones moved for leave to bring in a Bill to amend an Act In-
titled an Act for Building and maintaining of Court Houses, Prisons
and Stocks in every County within this Province and appointing
Rules for each County Prison for Debtors.
Ordered he have leave and that he prepare and bring in the same.
Mr. Jones brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Gray and Mr. Bravard.
Then the House adjourned till 3 "Clock Afternoon.
P. M. The House met according to Adjournment
On motion Ordered The Bill for the better Management of Or-
phans and their Estates be read a second time. Read the same a
second time amended passed and Ordered to be sent to the Council.
Sent the said Bill to the Council by Major Harvey and Col" Mackay.
Then the House adjourned till to-morrow morning 9 "Clock.
[For Journals of succeeding days of the Session see A. I). 1760. —
Editor.]
172 COLONIAL RECORDS.
1760.
LEGISLATIVE JOURNALS— Continued.
[In the Upper House]
Tuesday 1 st January 17G0. The House met according to Adjourn-
ment,
Present as before.
Received from the Assembly by Mr. Harvey & Col. MacKay, A
Bill for the better Management & Security of Orphans and their
Estates, And by Mr. Bell & Mr. Wynne, A Bill for dividing the
Parish of Christ Church in the County of Craven.
On Motion, Ordered the Bill for Establishing a Court of Kings
Bench & Courts of Common Pleas etc be read ; Read the same the
third time.
Ordered that the following Message be sent to the Assembly. Viz'
Mr. Speaker & Gent" op the Assembly.
On reading a third time the Bill for Establishing a Court of Kings
Bench & Courts of Common Pleas etc, This House think the follow-
ing Amendments necessary to wit, That the Restrictive Clause on
the Chief Justice concerning the Clerks should be struck out. That
the Clause should be reinstated (which you have Dele*). That where
the Parties live in different Districts the Plaintiff should have his
Choice in bringing his Action in the Court of Kings Bench or where
the Defendant lives. That the Salaries for the Justices of the Kings
Bench being too much, we think One Thousand Pounds an adequate
Compensation for their Services. That a Clause be inserted when
the Chief Justice sets off to hold any Court and should be delayed
by sickness or any other unavoidable accident he should have the
Twenty Six Pounds allowed him by this Bill for holding such Court.
That a Poll Tax be laid for paying the Justices of the Kings Bench,
and that the Clauses for appropriating the sinking fund for that
purpose be struck out. To which Amendments if your House agree
please to send such of your Members as you shall think proper to
see the same done.
On Motion, Ordered the Bill for dividing the Parish of Christ
Church in the County of Craven be read ; Read the same the first
time & Rejected.
COLONIAL RECORDS. 173
On Motion, Ordered the Bill to amend an Act, intituled an Act
for building & maintaining of Court Houses, Prisons & Stocks in every
County within this Province etc. And a Bill for appointing Com-
missioners for finishing the Court House already begun in the Town
of New Bern etc be read.
Read the said Bills the first time & passed.
On Motion. — Ordered the Bill for enlarging the time allowed for
saving Lots in the Town of Halifax etc, And a Bill for granting an
Aid to -his Majesty etc be read.
Read the said Bills the second time & Passed.
Then the House adjourned till 3 o'Clock in the Afternoon.
The House met according to Adjournment.
Present as before.
' Then the House adjourned till 9 o'Clock to-morrow morning.
Wednesday 2 nd January 1760. The House met. according to Ad-
journment.
Present.
( Mathew Rowan LewisDe Rossett ^|
The Hon bl V James Hasell Rich d Spaight & VEsq rs
( John Dawson Charles Berry J
Then the House adjourned till 3 o'Clock in the Afternoon.
The House met according to Adjournment.
Present as above.
Received from the Assembly the following Message.
Gent" of His Majesty's HoN ble Council.
In answer to the several particulars mentioned in your Message of
yesterday relative to the Bill for Establishing a Court of Kings
Bench & Courts of Common Pleas etc., The Assembly would observe,
That the practice of the Chief Justice, in .exacting from the Clerks a
considerable part of the Legal Fees, has occasioned them to be guilty
of great extortion, whereby the proceedings in the Supreme Courts
have been scenes of Oppression, & the Conduct of the Chief Justice
and his Clerks, subject matter of Universal- Complaint. That the
deceased Mr. Henley (whose Death every one who wishes to see the
hands of Government strengthened, the Laws duly executed & Jus-
tice impartially administered very justly Laments) from a pious
sense of the obligation of an Oath, conformed to the Law of One
Thousand seven Hundred & Forty Eight, for regulating Officers
174 COLONIAL RECORDS.
Fees. Therefore this Assembly thought themselves in Duty to their
Constituents bound to provide against the pernicious Effects of the
contrary conduct. However as the Assembly would fain hope that
the present Chief Justice will think Mr. Henley's laudable example
in this particular worthy of Imitation, they would propose to alter
the Bill, so as to leave Mr. Berry, in that respect under the same
circumstances, as Mr. Henley was by the aforesaid Act, if that is
agreeable to your House.
In respect to striking out the Clause for appropriating the sinking
Fund, the Assembly would desire to inform your House, that the
contingent Fund is now £2000 in arrear, & that no Method appears
so Eligible to them as borrowing money from that Fund to dis-
charge those Arrears & replacing the same in the manner mentioned
in that Clause, but if you think the Tax for that purpose is to take
place at too remote a distance of time, this House would propose to
replace the same by a Tax of one Shilling p r Poll to commence in
the Year 1763.
As to the other Matters in your Message proposed as Amendments,
the Assembly cannot consistant with the Valuable Designs of the
Bill agree to them, therefore desire you will pass the Bill without
such alterations being made.
If you approve of the Alterations above mentioned the Assembly
will send two of their Members to see Glauses proper for those Pur-
poses inserted in the Bill.
2 nd January 1760. SAM 1 SWANN Speaker.
Received from the Assembly by Mr. Smith & Mr. Harris,
A Bill for appointing Commissioners for finishing the Court House
already begun in the Town of Newbern etc.
A Bill directing the Method of appointing Jury-men etc.
A Bill for appointment of Vestries.
A Bill for enlarging the time allowed for saving Lots in the Town
of Halifax etc.
A Bill to amend an Act, intituled, An Act for Building & main-
taining of Court Houses, Prisons, Stocks etc. And
A Bill to amend an Act for appointing Sheriffs and directing their
Duty in office and for compelling Collectors of Public Taxes and
Persons entrusted with Public Money to apply and account for the
same.
On motion, Ordered the Bill for enlarging the time allowed for
saving Lots in the Town of Halifax etc. be read. Read the same
the third time and passed, Ordered to be Engrossed.
COLONIAL RECORDS. 175
On motion, Ordered the Bill to amend an Act, intituled, An Act
for Building and maintaining of Court Houses, Prisons, & Stocks
etc be read. Read the same the second time & passed
On motion, Ordered the Bill for appointing Commissioners for
finishing the Court House already begun in the Town of New
Bern etc be read. Read the same the second time & Passed.
On motion, Ordered the Bill to amend an Act for appointing
Sheriffs etc be read. Read the same the first time and passed.
On motion, Ordered the Bill for the appointment of Vestries be
read. Read the same the first time and Passed.
On motion, Ordered the Bill directing the Method of appointing
Jury-men etc be read. Read the same the second time and Passed.
On motion, Ordered the following Message be sent to the Assem-
bly.
Mr. Speaker & Gent 11 of the Assembly.
This House taking into Consideration your Message, relative to
the Amendments we proposed to the Bill for Establishing a Court
of Kings Bench, Courts of Common Pleas etc., We are sorry to find
you persist in borrowing the Salaries for the Justices of the Kings
Bench out of the Sinking Fund to be replaced by a Tax not to
commence before the Year 1763.
We are of Opinion, that it would be much better to pay such Salary
by a Poll Tax to be levied the ensueing year and therefore hope
you will reconsider thereof cfc agree to insert the same in the Bill,
and strike out of it all Clauses relating to the taking the Money out
of the Sinking Fund & replacing it; In such case be pleased to send
some of your Members to see the same & the other Amendments
you have agreed to Inserted in the Bill.
Then the House adjourned till 9 o'clock to-morrow morning.
Thursday 3 rd January 1760. The House met according to Ad-
journment.
Present as before.
Received from the Assembly by Mr. Harris & Mr. Gray, a Bill to
enable W m Dry Esq" to finish Fort Johnston etc.
And by Mr. Caswell and Mr. Bravard A Bill to amend an Act
intituled Ah Act for appointing Sheriffs etc.
On motion, Ordered the Bill to amend an Act for appointing
Sheriffs etc be read. Read the same the second time & Passed.
176 COLONIAL RECORDS.
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment
Present as before.
Then the House adjourned till 9 o'Clock to-morrow morning
Friday 4 th January 1760. The House met according to Adjourn-
» ment.
Present as before.
Received from the Assembly the following Message.
Gent" of His Majesty's Hon" 6 Council.
The Assembly have naturally [maturely] considered your Answer
to the Message of this House of Yesterday, but are entirely at a loss
for the Reasons that induce you to insist on disagreeing to the Pro-
posal for appropriating the Money in the Sinking Fund, & therefore
would observe, That what is proposed to be borrowed from that Fund,
is not intended for paying the Salaries of the Justices of the Kings
Bench only, as in your Message is intimated, but for payment of a
Salary to the Chief Justice & Attorney General & discharging Claims
due from the Publick which already amount to upwards of Two
Thousand Pounds.
That obliging the Creditors of the Public to wait for payment of
their Demands, till Money can be collected by a Poll Tax will be a
Treatment Injurious, & very sensibly affect the credit of the Prov-
ince, and as the Expedient by you proposed will not obviate these
mischiefs & no other more Eligible occurs to the Assembly, they
cannot consistent with their Duty recede from their Proposal, at the
same time they would take notice, that in this particular they Act
in conformity to Precedents on similar occasions, & particularly to
one which was first proposed & afterwards insisted on by your House
in 1754 — i. e. when £2,800 was applied for payment of the
Salary of the Chief Justice & Attorney General & defraying Con-
tingencies of Government to be replaced in the proper Fund in
four years by a Poll Tax, when the very Act that directed the sign-
ing the said Money Provided, that it should not circulate for any
use whatsoever until his Majesty's approbation thereof was obtained,
Notwithstanding all which the Assembly were so careful to avoid
every objection against a Bill of such importance to the Country,
That they forbore to insert the Clause for applying the Sinking Fund
COLONIAL RECORDS. 177
until they had informed themselves that 'such an application was
not repugnant to any instruction of His Majesty. The Assembly
sincerely Lament being reduced to the disagreeable necessity of form-
ing Bills to supply the place of those valuable Laws, which have
been lately repealed, arising from misrepresentation from lucrative
& Self-interested A T ie\vs ever incompatible with the Public Good.
Your House may remember that allowing Salaries to the Chief
Justice & Attorney GeneT'al was at first intended by the Legislature
as matter of Compliment (at a time when the Country was in much
more affluent Circumstances than at present) and as no other Expe-
dient can be found at this juncture of defraying that Expence, Than
that above mentioned, should your House on that Account reject
the Bill, care must undoubtedly be taken in forming any other for
Establishing Courts of Justice to avoid inserting any Clause (how-
ever necessary) that will introduce the least charge on the Country.
These Considerations this House flatter themselves will not only
convince you of the reasonableness, but necessity of retaining the
Clause you Except to, and that you will pass the Bill with it. How-
ever should the Assembly be disappointed in this interesting Par-
ticular, they hope that instead of the valuable purposes by that Bill
designed, their most sincere Endeavors to serve the Public will be
accepted by their unhappy Constituents.
SAM 1 SWANN Speaker.
3 rd January 1760.
On motion, Ordered the Bill to enable Mr. Dry Esq re to finish
Fort Johnston etc be read. Read the same the third time and
Passed. Ordered to be Engrossed.
On motion, Ordered the Bill for the better Management & Se-
curity of Orphans Estates etc be read. Read the same the second
time amended and Passed.
Then the House adjourned till 9 o'clock to-morrow morning.
Saturday 5 th January 17(30. The House met according to Ad-
journment.
Present as before.
Received from the Assembly by Mr. Smith & Mr. Jones, a Bill for
the appointment of Vestries.
A Bill to amend an Act intituled, An Act for Building & main-
taining of Court Houses, Prisons & Stocks etc.
Vol. VI— 12
178 COLONIAL RECORDS.
A Bill to amend an Act for appointing Sheriffs and directing their
Duty in Office etc. &
A Bill for appointing Commissioners for finishing the Court House
already begun in the Town of New Bern etc.
On Motion, Ordered the Bill to amend an Act entituled an Act
for building & maintaining of Court Houses, Prisons & Stocks etc.
A Bill for appointing Commissioners for finishing the Court House
already begun in the Town of New Bern etc.
And a Bill to amend an Act for appointing Sheriffs etc be read.
Read the said three Bills the third time & passed. Ordered- to be
Engrossed.
On Motion, Ordered the Bill for the appointment of Vestries be
read ; Read the same the third time & Passed, Ordered to be En-
grossed.
Received from the Assembly by Mr. Hutchins & Mr. Churton A
Bill to impower & direct the Commissioners of the Districts herein
mentioned to lay out & make a road from the lower part of Anson
County to Livingstones Creek Bridge on the bounds of New Hanover
County.
On Motion, Ordered the said, Bill be read, Read the same the
first time & Passed.
On Motion, Ordered the following Message be sent to the As-
sembly.
Mr. Speaker & Gent" of the Assembly.
On reading your Message of the 3 rd instant relative to applying
the Sinking Fund, we must observe, that the breaking in upon that
Fund would be such a Wound to the Public Faith, that we cannot
join with you in your request. We therefore hope you will naturally
[maturely] consider the Consequences of having such an important
Bill rejected as we cannot pass it without you agree with us in our
Message of the 2 nd Instant, which if you concur with, please to send
such of* your Members as you shall think fitt to appoint to see the
same done. •
Then the House adjourned till 3 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Received from the Assembly the following Message.
COLONIAL RECORDS. 179
Gent" of His Majesty's HoN ble Council.
In Answer to yotir Message of this day, the Assembly would
observe, that they are of Opinion with you, there ought not to be an
Application of the Money in the Sinking Fund unless the Circum-
stances of Affairs made it absolutely necessary which at present is
the Case it being impracticable to pay the Debts of the Public or
render the valuable Purposes of that Bill, to which your Message
relates effectual but by that Expedient. The sum proposed to be
Borrowed will not exceed £'2,500, & as that is to be replaced by a
Tax to commence in the year 1763, The Assembly apprehend that
such an Application cannot depreciate the Paper Currency of the
Province nor prove of Prejudice to any Individual.
These are the sentiments of the Assembly (upon naturally [ma-
turely] considering what you recommend) and what they cannot
depart from ; and therefore submit it to your House whether the
Public Interest will not be better promoted by passing the said Bill
agreeable to the Proposals of the Assembly, than by your Rejecting
it. Should your House agree to pass the Bill agreable to the said
proposal, this House will send two of their Members to see the
Necessary alterations made.
5 th January 1760. SAM 1 SWANN Speaker.
On Motion, Ordered the Bill for Establishing a Court of Kings
Bench & Courts of Common Pleas etc be read. Read the same the
third time and Rejected ; unless the Assembly shall send a Message
to this House on Monday next consenting that the Clauses in the
said Bill relative to the Sinking Fund be struck out.
Then the House adjourned till 9 o'Clock Monday morning.
Monday 7 th January 1760. The House met according to Adjourn-
ment,
Present as before.
On Motion, Ordered the following Resolve be sent to the Assembly.
Mr. Speaker & Gent 11 of the Assembly.
This House have Resolved that unless you agree to strike out of
the Bill for Establishing a Court of Kings Bench, Courts of Com-
mon Pleas etc, The Clauses relative to applying the Sinking Fund the
said Bill will be Rejected, To which Amendments if you agree please
to send such of your Members as you may think proper to see the
Alterations made.
180 COLONIAL RECORDS.
Received from the Assembly by Mr. Hutchins & Mr. Harnett, a
Bill to impower & direct the Commissioners of the Districts herein
mentioned to lay out & make New Roads etc.
On Motion, Ordered the said Bill be read. Read the same the
second time & Passed.
Received from the Assembly by Mr. Smith & Mr. Jones, a Bill for
the Corporation of Wilmington.
On Motion, Ordered the said Bill be read. Read the same the
first time and Passed.
Received from the Assembly the following Message :
Gent 11 of His Majesty's Council
Upon considering your Message of this Day relative to the Bill
entituled a Bill for Establishing a Court of Kings Bench & Courts
of Common Pleas etc The Assembly rather than see the Country
reduced to such Confusion and Disorder as the want of proper Laws
establishing Courts for the Administration of Justice must enevitably
Intrpduce will agree to Expunge such other parts of the Bill as allow
Salaries to the Chief Justice, Assistant Justices & Attorney General
which we think a necessary Consequence of the other, and in Case
you agree to this Proposal this House will send two of their Mem-
bers to see the Bill altered accordingly.
7 th January 1760. SAM 1 SWANN Speaker
On Motion, Ordered the aforesaid Message be taken into Consid-
eration.
The same was taken into Consideration, And the Bill for Estab-
lishing a Court of Kings Bench, Courts of Common Pleas etc was
put, and was rejected.
Received from the Assembly by Mr. Churton & Mr. Harris, a Bill
for granting an Aid to his Majesty etc.
On Motion, Ordered the said Bill be read. Read the same the
third time & Passed. Ordered to be Engrossed.
Then the House adjourned till 9 o'Clock to-morrow morning.
Tuesday 8 th January 1760. The House met according to Adjourn-
ment.
Present as before.
On Motion, Ordered the Bill to Establish Inferior Courts of Pleas
and Quarter Sessions in the several Counties in this Province be
read. Read the same the third time & Rejected.
COLONIAL RECORDS. 181
On Motion, This House Resolved that no more New Bills he
received into this House during this Session.
Received from the Assembly by Mr. Mackay & Mr. Gray, a Bill
for the better Management & Security of Orphans & their Estates.
A Bill directing the Method of appointing Jury Men And a Bill
to impow'er & direct the Commissioners of the District herein men-
tioned to lay out and make New Roads.
On Motion, Ordered the Bill to impower & direct the Commission-
ers of the District herein mentioned etc be read. Read the same the
third time & Passed. Ordered to be Engrossed.
On Motion, Ordered the Bill for directing the Method for appoint-
ing Jury Men, and the Bill for the better Management & Security
of Orphans Estates etc lie on the Table till this day Month.
Then the House adjourned till 9 o'Clock to morrow morning.
Wednesday 9 th January 1760. The House met according to Ad-
journment.
Present as before.
Received from the Assembly the following Message Viz'
Gent 11 of His Majesty's Hon" 6 Council
The Chairman of the Committee of Public Accounts, hath re-
ported that Thomas Barker Esq re Public Treasurer of the Northern
District has paid into the said Committee £516.12.8 on the Sink-
ing Fund; And that John Starkey Esq™ Public Treasurer of the
Southern District has paid into the said Committee £626.12.8 on
the same Fund.^
This House have appointed a Committee of the whole House to
see the said several Sums burnt at the House of John Campbell in
Wilmington at One o'Clock this Day, & desire you will please to
appoint a Committee of your House to be present and see the same
done accordingly.
SAM 1 SWANN Speaker
9 th January 1760.
On motion, Ordered the following Message be sent to the Assem-
bly, Viz 1
Mr. Speaker & Gent" of the Assembly.
In Answer to your Message of this Day relative to burning the
several Sums paid into the Committee of Accounts on the Sinking
182 COLONIAL RECORDS.
Fund : This House have Resolved that a Committee of the whole
House join your Committee to see the same done, agreeable to your
Message.
On motion, Ordered the following Message be sent to the Assem-
bly:
Mr. Speaker & Gent" of the Assembly.
This House upon perusal of the Report of the Committee of Pub-
lic Claims are of Opinion That Mr. Gregg be allowed the sum of
£10 for ground rent & the use of his Wharf for two Years. Also
that he be allowed the sum of £18.13.4 the Ballance due to him on
his Agreement with the Committee of Council for the care; of the
Stores etc until the l 8t December 1757.
And also that he be allowed as Store Keeper Commissioned by
Order of His Majesty the sum of Fifty Pounds per Annum instead
of £12, which your House have allowed, and which we can't think
an Ecpiivalent for his Services. To all which if your House agree,
we shall pass the Claims.
Then the House adjourned till 3 "Clock Afternoon
The House met according to Adjournment.
Present.
( James Hasell Rich d Spaight ' 1
The Hon bl V John Dawson and VEsq"
( Lewis De Rossett Charles Berry j
Received from the Assembly the following Resolve.
Gent 11 of His Majesty's HoN ble Council.
This House have Resolved That the several Sums paid by the
Public Treasurers into the Committee of Accounts (to-wit,) by
Thomas Barker Esq" Public Treasurer of the Northern District in
Treasurers Notes redeemable the 10 th day of December 1758 £1275
and in said Notes redeemable the 29 tb September 1758 £328 all Ex-
clusive of Interest, by John Starkey Esq re Public Treasurer of the
Southern District in Treasurer Notes of the first Emission £490. In
said Notes of the second Emission £2550. And also in said Notes
of the third Emission £271.10 — exclusive of interest also, which
said several Sums this House have resolved be paid into the Plands
of John Starkey Esq re Public Treasurer of the Southern District by
COLONIAL RECORDS. 183
the Chairman of the said Committee and be applied to the Purposes
directed by the Bill for granting an Aid to his Majesty, for paying
and subsisting the Forces & Militia now in the pay of this Province
and for other Purposes to which desire your Honors Concurrence.
SAM 1 SWANN Speaker
9 th January 1760.
The above Resolve was taken into Consideration & Concurred
with.
Received from the Assembly the following Message.
Gext u of His Majesty's Hon" 6 Council.
This House upon considering your Message relative to making
Allowances to Mr. Gregg for the matters mentioned therein are of
opinion ; That such Allowances are unreasonable and therefore
can't agree to your Proposals and Desire you will pass the Claims
as they went from this House.
SAM 1 SWANN Speaker.
9 th January 1760.
Received from the Assembly their Estimates of Allowances, Wages
etc of the several Members and Officers thereof, to which this House
concurred.
Resolved that the Estimate of Allowances, Wages etc of the sev-
eral Members Clerks and Officers of this House be sent to the Assem-
bly for Concurrence.
The same was sent and received again from the Assembly con-
curred with.
His Excellency the Governor came to this House & serft a Message
to the Assembly desiring the Immediate Attendance thereof with
such Bills as have passed this Session and are Engrossed.
Whereupon Mr. Speaker attended by the House waited on His
Excellency in the Council Chamber and presented him the follow-
ing Acts.
1. An Act to amend and continue an Act for the better Regulation
of the Militia etc.
2. An Act for granting an Aid to His Majesty etc.
3. An Act for the Appointment of Vestries.
4. An Act for erecting part of the Counties of Chowan, Bertie &
Northampton into a County & Parish.
184 COLONIAL RECORDS.
5. An act to Amend an Act for appointing Sheriffs, and directing
their Duty in Office etc,
6. An Act to impower Lawrence Thompson, late Sheriff of Orange
County to collect and receive a Tax of Two Shillings Proc : Money,
laid on the Taxable Persons in the County of Orange, by an Act of
Assembly of this Province passed in the 30 th year of the Reign of
our Sovereign Lord George the Second King etc.
7. An Act for enlarging the time allowed for saving Lots in the
Town of Halifax etc.
8. An Act to enable W m Dry Esq re to finish Fort Johnston at the
mouth of Cape Fear River.
9. An Act to enable the Commissioners of Port Bath and Port
Beaufort to amend the Navigation, and for other Purposes.
10. An Act to impower and direct the Commissioners of the Dis-
tricts herein mentioned to lay out and make New Roads.
11. An Act to Establish Warehouses for the Inspection of Tobacco
in the County of Dobbs, & other purposes.
12. An Act for appointing Commissioners for finishing the Court
House already begun in the Town of New-Bern, & for other pur-
poses.
13. An Act for Establishing a Town on the Land formerly granted
to William Churton Gent" lying on the North side of the River
Enoe, in the County of Orange.
14. An Act to amend An Act intituled an Act for building and
maintaining of Court Houses Prisons & Stocks in every County
within this Province etc.
To winch Acts he was pleased to Assent.
Then His Excellency the Governor was pleased to dissolve this
Assembly,^; the same was accordingly Dissolved.
True Copy.
JN° SMITH,
Clk of the Upper House of Assembly.
LEGISLATIVE JOURNALS— Continued.
[Lower House of Assembly continued from page 132.]
Tuesday the 1 st January 1760 The House met according to ad-
journment.
Received from the Council the Bill for the Appointment of Ves-
tries. Endorsed 29 th December 1759 In the Upper House read the
first time and passed
COLONIAL RECORDS. 185
On motion, Ordered, the Bill for Appointment of Vestries and
also the Bill directing the Method of Appointing Jurymen <&c he
Committed to Mr. Jones, Mr. Ashe, Mr. Maurice Moore, Col Harvey
and Mr. Stark ey for Amendment and that they report to the House
the Amendments necessary to the said Bills.
Mr. Davis moved for leave to bring in a Bill for dividing the
Parish of Christ Church in the County of Craven.
Ordered he have leave and that he prepare and bring in the same.
Mr. Davis brought in the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Bell and Mr. Wynn.
Then the House adjourned for one Hour.
The House met according to Adjournment.
Received from the Council the Bill to amend an Act intituled an
Act for building and Maintaining Court Houses, prisons &c. And
the Bill for Appointing Commissioners for finishing the Court House
in New Bern &c Endorsed 1 st January 1760 In the Upper House
read the first time and passed.
And the Bill for Granting an Aid to his Majesty &c And also
the Bill for Enlarging the time for saving Lots in the Town of Hal-
ifax. Endorsed 1 st January 1760. In the Upper House read the
second time and passed
Received from the Council the following Message Viz*
Mr. Speaker and Gent" of the Assembly —
On reading a third time the Bill for Establishing a Court of Kings
Bench and Courts of Common Pleas — This House think the follow-
ing Amendments Necessary (to wit) That the restrictive Clause on
the Chief Justice Concerning the Clerks should he struck out — That
the Clause should be reinstated (which you have dele 6 ) — That the
Parties live in different Districts the Plaintiff should have his
Choice in bringing his Action in the Court of Kings Bench or where
the Defendent lives.
That the Salaries for the Justices of the Kings Bench being too
much we think One Thousand Pounds an Adequate Compensation
for their Services. That a Clause be Inserted, when the Chief Jus-
tice sets off to hold any Court and should be delayed by sickness or
any other unavoidable accident he should have Twenty six pounds
allowed him by this Bill for holding such Courts.
186 COLONIAL RECORDS.
That a Poll Tax be laid for paying the Justices of the King's
Bench and that the Clauses for appropriating the Sinking fund for
that purpose be struck out — to which amendments if your house
agree please to send such of your Members as you shall think proper
to see the same done
1 st January 1760
Mr. Jones from the Committee to whom the Bill directing the
Method of Appointing Jurymen in all Causes &c. was Committed
reported that the Committee had drawn up several Amendments to
the said Bill which he read in his place were approved of by the
House and Ordered to be inserted in the said Bill — and the said
Amendments are accordingly Inserted. And on motion Ordered
the said Bill be read a second time. Read the said Bill a second
time with the said Amendments passed and Ordered to be sent to
the Council.
Sent the same to the Council by Mr. Harris and Mr. Smith.
Then the House adjourned till 9 "Clock to-morrow morning.
Wednesday the 2 d January 1760. The House met according to
adjournment
Resolved the following Message be sent to the Council Viz 1
Gent" of His Majesty's Hox bIe Council.
In answer to the several particulars mentioned in your Message of
yesterday relative to the Bill for Establishing a Court of Kings
Bench and Courts of Common Pleas &c. The Assemby would Ob-
serve that the Practice of the Chief Justice in Exacting from the
Clerks a Considerable Part of their Legal fees has Occasioned them
to be guilty of great Extortion Whereby the proceedings in the Su-
prehie Courts have been Scenes of Oppression, and the Conduct of
the Chief Justice and his Clerks subject matter of Universal Com-
plaint, • That the deceased Mr. Henley (whose death every one who
wishes to see the hands of Government strengthened the Laws duly
Executed and Justice Impartially Administered) very justly laments
from a Pious Sence of the Obligation of an Oath Conformed to the
Law of 1748, for regulating Officers fees, Therefore this Assembly
thought themselves in duty to their Constituents bound to Provide
against the pernicious Effects of the Contrary Conduct. However,
as the Assembly would fain hope that the present Chief Justice will
think Mr. Henleys Laudable Example in this particular worthy of
COLONIAL RECORDS. 187
Imitation, they would propose to alter the Bill so as to have Mr.
Berry in that Respect under the same Circumstances as Mr. Henley
was by the aforesaid Act is Agreeable to your House.
In respect to striking out the Clause for Appropriating the sinking
Fund. The Assembly would desire to inform your House that the
Contingent Fund is now £2,000 in arrear, And that no Method Ap-
pears so Eligible to them as borrowing Money from the fund to
discharge those Arrears, and replacing the same in the Manner
mentioned in that Clause; But if you think the Tax for that Pur-
pose is to take place at too remote a Distance of time this House
Would propose to replace the same by a Tax of one shilling p poll to
Commence in the Year 1763.
As to the other Matters in your Message Proposed as Amendments
the Assembly cannot Consistent with the valuable designs of the
Bill agree to them — And therefore desire you will pass the Bill with-
out such Alterations being made.
If you approve of the Alterations above mentioned the Assembly
will send two of their Members to see Clauses Proper for those pur-
poses inserted in the Bill
Sent by Mr. Harnett and Mr. Maurice Moore
Mr. Jones from the Committee to whom the Bill for Appointing
Vestries was committed Reported several amendments to the said
Bill which he read were approved of by the House and Ordered to
be Inserted in the Bill the said amendments are Incerted accordingly.
Then on Motion ordered the said Bill be read a second time, Read
the same a second time with the said Amendments passed and
Ordered to be sent to the Council.
Sent the said Bill to the Council by Mr. Harris and Mr. Smith.
Mr. Johnston moved for leave to bring in a Bill to Amend an Act
for appointing Sheriffs and Directing their Duty in Office and for
Compelling Collectors of Public Taxes and persons intrusted with
laying out Public Money to apply and Account for the same.
Ordered he have leave and that he prepare and bring in the same.
Mr. Johnston brought in the above mentioned Bill which he read
in his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
On Motion Ordered, the Bill for Enlarging the time for saving
Lotts in the Town of Halifax be read the third time read the same a
third time passed and Ordered to lie sent to the Council.
188 COLONIAL RECORDS.
On Motion, Ordered, the Bill to Amend an Act Intituled an Act
for building and maintaining of Court Houses prisons and Stocks
in Every County within this province and appointing rules for each
County Prison for Debtors be read a second time, Read the same a
second time passed and Ordered to be sent to the Council.
Sent the above three Bills to the Council by Mr. Harris and Mr.
Smith
On motion, Ordered, the Bill for appointing Commissioners for
finishing the Court House already begun in the Town of New Bern
&c, be read a second time — Read the same a second time amended
passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Harris and Mr. Smith.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
Then the House adjourned till tomorrow morning 9 "Clock
Thursday the 3 d of January 1760 The House met according to
Adjournment
On Motion Ordered, the Bill to Enable W m Dry to finish Fort
Johnston at the Mouth of Cape Fear be read the third time. Read
the same a third time Amended passed and Ordered to be sent to
the Council.
Sent the said Bill to the Council by Mr. Harris and Mr. Gray
Received from the Council the following Message (to wit)
Mr. Speaker and Gent 11 of the Assembly.
This House taking into Consideration your Message relative to the
Amendments We proposed to the Bill for Establishing a Court of
King's Bench, Courts of Common Pleas cfec. We are sorry to find
you persist in borrowing the Salaries for the Justices of the King's
Bench out of the sinking Fund [to] be replaced by a Tax not to Com-
mence before the year 17(33. We are of Opinion that it would be
much better to pay such salary, by a Poll Tax to be levied the En-
suing year, and therefore hope you will reconsider, And agree to
insert the same in the Bill and strike out of it all Clauses relating to
the taking the money out of the sinking Fund and replacing it. In
such Case be pleased to send some of your Members to see the same
And the other Amendments you have Agreed to Inserted in this
Bill.
2 nd January 1760.
COLONIAL RECORDS. 189
On Motion Resolved, the said Message be committed to Mr. Jones,
Mr. Stark ey, Col Harvey, Mr. Johnston, and Mr. Maurice Moore to
draw an answer thereto and lay the same before the House for Ap-
probation.
Received from the Council the Bill for appointing Commissioners
for finishing the Court House already begun in New Bern, And the
Bill directing the Method of appointing Jurymen &c
Endorsed -2 nd January 17(30. In the Upper House read the second
time amended and passed
And the Bill for Appointing Vestries And the Bill to Amend an
Act Intitled an Act for Building and maintaining Court Houses &c.
Endorsed 2 nd January 1760 In the Upper House read the second
time and passed
And Also the Bill to amend an Act for appointing Sheriffs &c.
Endorsed 2 d January 1760 In the Upper House read the first
time and passed.
Received from the Council the Bill for enlarging the time allowed
for saving Lots in the Town of Halifax preventing the Building
wooden Chimneys therein and other purposes.
Endorsed 2 nd January 1760. In the Upper House read the third
time and passed
Ordered to be engrossed.
On Motion, Ordered the Bill to Amend an Act for Appointing
Sheriffs and Directing their Duty in Office &c be read the second
time. Read the said Bill a second time amended passed and Ordered
to be sent to the Council
Sent the said Bill to the Council by Mr. Caswell and Mr. Bravard
Received from the Council the Bill to Amend an Act for Appoint-
ing Sheriffs and directing their Duty in Office &c.
Endorsed 3 rd January 1760 In the Assembly read the second
time and passed
On Motion Ordered, the Bill for Appointing Commissioners for
Finishing the Court House already begun in the Town of New
Bern be read the third time read the same a Third time amended
and passed.
The Bill to amend an Act Intitled an Act for Building and main-
taining a Cdurt House Prison and Stocks in every County within
this province &c be read a third time. Read the said Bill a third
time, Amended and passed
The Bill to amend an Act for Appointing Sheriffs and directing
their Duty in Office &c. be read a third time Read the said Bill a
Third time and passed
190 COLONIAL RECORDS.
And the Bill for the Appointment of Vestries be read a third time.
Read the same a Third time Amended and passed. •
Ordered the said four Bills be sent to the Council
Sent the above four Bills to the Council by Mr. Smith and Mr.
Jones
Mr. Jones from the Committee Appointed to prepare an Answer
to the Message of this day from the Council Reported that the Com-
mittee prepared an Answer to the said Message to which he laid
before the House the said Answer was read by the Clerk Approved
of by the House and Ordered to be sent to the Council and is as
follows
Gentlemen of His Majesty's Hon"" Council
•
The Assembly have maturely considered your Answer to the
Message of this House of Yesterda} 7 but are entirely at a loss for
the reasons That induce you to insist on disagreeing to the Proposal
for the appropriating the Money in the Sinking fund And therefore
would observe that what is proposed to be borrowed from that Fund
is not intended for paying the Salaries of the Justices of the Kings
Bench only as in your Message is Intimated but for Payment of a
Salary to the Chief Justice and Attorney General and discharging
Claims due from the Public which already Amount to upwards of
£2000.
That obliging the Creditors of the Public to wait for payment of
their Demands till money can be collected by a Poll Tax will be a
Treatment Injurious and very sensibly Effect the credit of the Prov-
ince, And as the Expedient by you proposed will not Obviate these
Mischiefs and no other more Eligible Occurs to the Assembly they
cannot Consistent with their Duty recede from the said proposal At
the same time they would take Notice that in this particular they
Act in conformity to precedents on similar Occasions and particu-
larly to one which was first proposed and afterwards insisted on by
your House in the Year 1754 i. e. when £2,800 was applyed for pay-
ment of the Salaries of the Chief Justice and Attorney General and
defraying Contingencies of Government to be replaced in the proper
Fund in four years by a Poll Tax when the very Act that directed the
signing the said Money Provided that it should not circulate for any
use whatsoever untill his Majestys Approbation thereof was obtained
Notwithstanding all which the Assembly were so carefully to avoid
every objection against a Bill of such Importance to the Country
that they forbore to Insert the Clauses for applying the sinking
COLONIAL RECORDS. 101
Fund until they had informed themselves such an Application was
not Repugnant to any Instruction of His Majesty.
The Assembly sincerely Lament being reduced to the disagreeable
Necessity of forming Bills to supply the place of those valuable
Laws which have lately been repealed arising from Misrepresenta-
tion, Lucrative and self interested views ever incompatible with the
Public Good.
Your House may remember That allowing Salaries to the Chief
Justice and Attorney General was at first Intended by the Legisla-
ture as matter of Complement at a time when .the Country was in
much more Affluent Circumstances than at present (as no other
expedient can be found at this Juncture of defi'aying that Expence
than that above mentioned should your House on that Account reject
the Bill care must undoubtedly be taken in forming any other for
Establishing Courts of Justice to avoid inserting any Clause (how-
ever necessary) that will introduce the least Charge on the Country.
These considerations this House flatter themselves will not only
Convince you of the Reasonableness but necessity of retaining the
Clause you except to, And that you will pass the Bill with it — How-
ever should the Assembly be disappointed in this Interesting
Particular they hope that instead of the valuable purposes by that
Bill designed their most sincere endeavours to serve the Public will
be accepted by their unhappy Constituents.
3 rd Janry 1760. S. S. S.
Sent the above Message by Mr. Jno. Harvey, Mr. Benj n Harvey,
Mr. Harnett, Mr. Ashe, Mr. Davis and Mi-. Wynns.
Mr. Anthony Hutchins moved for leave to bring in a Bill to
Impower and direct the Commissioners of the Districts herein men-
tioned to lay out and make a road from the lower part of Anson
County to Livingstones Creek Bridge on the Bounds of New Hanover
County.
Ordered, he have leave and that he prepare and bring in the same.
Mr. Hutchins brought in the above mentioned Bill which he read
in his place and delivered in at the Table where the same was again
read by the Clerk, passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Hutchins and Mr. Ohurton.
Then the House adjourned till to morrow Morning "Clock.
Friday the 4 th January 1760 — The House met according to Ad-
journment
192 COLONIAL RECORDS.
Received from the Council the Bill for Better management and
Security of Orphans and their Estates.
Endorsed 4 th January 1760 — In the Upper House read the second
time amended and passed
Then, the House adjourned till 9 "Clock to morrow morning.
Saturday the 5 th January 1760 — The House met according to Ad-
journment .
Received from the Council the Bill to Enahle W m Dry Esq r to
finish Fort Johnston at the Mouth of Cape Fear River.
Endorsed 4 th January 1760 — In the Upper House read the third
time and passed.
Ordered to be Engrossed
On Motion the House resolved that no more Bills be Received in
the House after this day.
Mr. Starkey Chairman of the Committee of Claims Reported That
the said Committee had settled and allowed sundry Claims which
were read and after some Alterations therein made by the House the
same were approved and allowed of Then on Motion, Resolved That
the Allowances therein mentioned for the Indians be for the future
discontinued.
It appearing to the House by the report of the Committee of Pub-
lic Claims that the Guns therein mentioned are an annual Expence to
the Province — It is therefore on motion Resolved That His Excellency
the Governor be addressed to direct the said Guns be delivered to
such of the Officers of the Militia of this province (for the use of
the said Militia) as he shall think proper.
Mr. Harnett Chairman of the Committee of Public Accounts Re-
ported that the Committee had stated and settled the Public Ac-
counts as f} Report Exhibited to the House which being read were
approved and allowed of by the House.
Received from the Council the Bill to Amend an Act entitled an
act for Building and maintaining of Court House Prisons and Stocks
in every County in this Province &c. The Bill to amend an Act for
appointing Sheriffs and directing their Duty in Office &c. The Bill
for the Appointment of Vestries — and the Bill for Appointing Com-
missioners for finishing the Court house already begun in New Bern
and other purposes. Endorsed 5 th January 1760. In the Upper
House read the third time and passed.
Ordered to be Engrossed.
COLONIAL RECORDS. 193
And the Bill to Impower and direct the Commissioners of the
Districts herein Mentioned to lay out and make a road from the
lower part of Anson County to Livingston Creek Bridge on the
bounds of New Hanover County. Endorsed 5 th January 1760. In
the Upper House read the first time and passed.
Received from the Council the following Message Viz'
Mr. Speaker & Gent u of the Assembly.
On reading your Message of the third Instant relative to Applying
the sinking fund — We must observe that the breaking in upon that
Fund would be such a wound to the Public Faith that we cannot
join with you in your request We therefore hope you will maturely
consider the consequences of having such an Important Bill rejected
as we cannot pass it without you Agree [with us in our Message of
the second Instant which if you Concurr with please to send such
of your Members as you shall think fit to Appoint to see the same
done.
5 th January 1760.
Resolved the following Message be sent to the Council Viz*
Gentlemen of His Majestys HoN ble Council
In answer to your Message of this day the Assembly would Ob-
serve that they are of Opinion with you there ought not to be an
Application of the Money in the Sinking fund unless the circum-
stances of Affairs made it Absolutely necessary which at present is
the Case it being impracticable to pay the Debts of the Public or
render the Valuable purposes of that Bill to which your Message
relates Effectual but by that expedient
The sum proposed to be borrowed will not exceed £2,500 and as
that is to be replaced by a Tax to Commence in the year 1763 The
Assembly apprehend that such an Application cannot depretiate the
paper Currency of the Province nor prove of prejudice to any Individ-
ual, Those are the sentiments of the Assembly (upon maturely
considering what you recommend) and what they cannot depart
from, And therefore submitted to your House whether the Public
Interest will not be better promoted by passing the said Bill agree-
able to the Proposals of the Assembly than by your rejecting it
should your House agree to pass the said Bill agreeable to the said
Vol. VI— 13
194 COLONIAL RECORDS.
Proposals this House will send two of their Members to see the nec-
essary alterations made S. S. Speaker.
By Order W m Herritage Clk.
5 th January 1760.
Mr. Harnett moved for leave to bring in a Bill for the Corporation
of Wilmington
Ordered, he have leave and bring in the same.
Mr. Harnett brought in-the above mentioned Bill which he read
in his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Smith and Mr. Jones.
Then the House adjourned till 3 "Clock Afternoon.
P. M. The House met according to Adjournment
Then the House Adjourned till Monday Morning 10 "Clock.
Monday the 7 th January 1760 The House met according to Ad-
journment
On motion, Ordered the Bill to Impower and direct the Commis-
sioners of the District hereinafter mentioned to lay out and make
roads &c, be read the second time. Read the same a second time
amended passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Hutchins and Mr. Harnett.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
Received from the Council the following Message, Viz 4
Mr. Speaker and Gentlemen of the Assembly.
This House have Resolved That unless you this day agree to
strike out of the Bill, for Establishing a Court of Kings Bench and
Courts of Common Pleas &c The Clauses Relative to Apply g the
sinking fund the said Bill will be rejected, To which Amendment
if you agree please to send such of your Members as you may think
proper to see the Alterations made.
7 th January 1760.
Resolved, the following Message be sent to the Council Viz'
COLONIAL RECORDS. 195
Gentlemen of His Majesty's Hon" 6 Council.
Upon Considering your Message of this day relative to the Bill
Intitled a Bill for Establishing a Court of King's Bench and Court
of Common Pleas &c The Assembly rather than see the County
reduced to such Confusion and disorder as the want of Proper Laws
Establishing Courts for the Administration of Justice must Inevit-
ably Introduce The Clause you mention. If you will agree to
Expunge such other parts of the Bill as allow Salaries to the Chief
Justice, assistant Justices and Attorney General, which we think a
necessary consequence of the other and in Case you agree to this
proposal this House will send two of their Members to see the Bill
altered accordingly.
7 th January 1760.
Sent the above Message to the Council by Mr. Coutanch and Mr.
Ward.
Received from the Council the Bill to Impower and direct the
Commissioners of the Districts herein mentioned to make new roads
&c. Endorsed 7 th January 1760. In the Upper House read the
second time and passed
And the Bill for the Corporation of Wilmington Endorsed 7 th
January 1760. In the Upper House read the first time and passed .
On Motion, Ordered the Bill for Granting an Aid to His Majesty
&c, be read the Third time. Read the same a third time Amended
passed, and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Churton and Mr. Harris.
Then the House adjourned till 9 "Clock to morrow morning
Thursday the 8 th January 1760. The House met according to
Adjournment
On Motion, Ordered the Bill to impower and direct the Commis-
sioners of the Districts herein mentioned to lay out and make new
roads be read a third time. Read the same a third time amended
passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Mackay and Mr. Gray.
On Motion, Resolved the House Resolve into a Committee of
the whole house to consider the Amendments necessary to the
Bill for the Corporation of Wilmington and report the same to the
House.
The House resolved into a Committee of the whole House for the
Purposes aforesaid and then unanimously chose Mr. John Starkey
196 COLONIAL RECORDS.
Chairman who took the Chair Accordingly — After some time spent
the Committee prepared several Amendments to the said Bill which
Mr. Chairman was directed to report to the House for Approbation.
Then on Motion Mr. Speaker resumed the Chair.
Mr. Chairman reported that the Committee had proposed several
Amendments to the said Bill which he laid before the House for
Approbation.
The same were read Approved of and directed to be inserted in
the said Bill The same are accordingly Inserted — Then on Motion
Ordered the said Bill be read a second time with the said Amend-
ments — Read the same a second time with the said amendments —
then on Motion the Question was put whether the said Bill pass or
not and was carried in the negative
On Motion Ordered, The Bill for the better management And
security of Orphans and their Estates be read a third time — Read
the same a third time amended passed and Ordered to be sent to the
Council.
Sent the same to the Council by Mr. Mackay and Mr. Gray.
Received from the Council the Bill for Granting an Aid to his
Majesty for Paying and subsisting the Forces and Militia now in the
Pay of this Province and for other Purposes. Endorsed 7 th January
1760 In the Upper House read the third time and passed
Ordered to be engrossed.
Sent the reports of the Committee of Public Accounts and Claims
to the Council for Concurrence by Mr. Mackay and Mr. Gray.
On Motion Ordered The Bill directing the Method of Appointing
Jurymen in the Inferior Courts be read the third time Read the
same a third time Amended passed and Ordered to be sent to the
Council.
Sent the same to the Council by Mr. Mackay and Mr. Gray.
The House took under Consideration his Excellency's Message of
the 27 th December last regarding the fixing a Salary for a Store
keeper for the Ordnance Stores sent from his Majesty for the use of
this Province and thereupon Resolved That as the Subject Matter of
the said Message had been formerly under Consideration of this
House in full Assembly and a Resolution thereon made and Con-
curred with by His Majesty's Council That the same be referred till
the next Session of Assembly for further Consideration as many of
the Members of this House are now absent.
COLONIAL RECORDS. 197
Resolved, the following Message be sent to his Excellency the
Governor Viz 4
Sir The Assembly having Considered your Message of the 27 th
ult° relative to the Providing a proper Salary for the Storekeeper of
the Ordnance Stores sent by his Majesty for the use of Fort John-
ston are of Opinion that the subject matter of the same was formerly
under the Consideration of this House and a resolution agreed to
thereon which was Concurred with by his Majesty's Council the same
ought to be maturely Considered in full Assembly and many mem-
bers of this House who were then present being now absent, This
House have resolved that the said Message be referred to the Consid-
eration of the next Session of Assembly — 8 th January 1760.
Sent the above Message by Mr. Coutanch and Mr. Ward.
Received from the Council the Bill to Impower and direct the
Commissioners of the Districts herein mentioned to lay out and make
new Roads. Endorsed 8 th January 1760. In the Upper House read
the third time and passed.
Ordered to be Engrossed.
Then the House Adjourned till to-morrow morning 9 "Clock.
Wednesday the 9th January 1760. The House met according to
Adjournment.
Resolved the following Message be sent to the Council viz'
Gen" op His Majestys HoN ble Council.
The Chairman of the Committee of Public Accounts hath reported
that Thomas Barker Esq 1 Public Treasurer of the Northern District
has paid into the said Committee £516.12.8 on the Sinking Fund and
that John Starkey Esq. Public Treasurer of the Southern District
has paid into the said Committee £626.12.8 on the same Fund This
House have Appointed a Committee of the whole house to see the
several sums burnt at the House of John Campbell in Wilmington
at one °Clock this clay and desire you will please to appoint a Com-
mitteee of your Members to be present and see the same done ac-
cordingly.
By Order W m Herritage Clk.
9 th January 1760.
Sent by Mr. Davis and Mr. Smith.
198 COLONIAL RECORDS.
Thomas Barker Esq. Public Treasurer of the Northern District
having paid into the Committee of Public Accounts in Treasurers
Notes redeemable the 10 th day of December 1758 £1275 principal
exclusive of Interest, and in said notes redeemable the 10 th of No-
vember 1757 £80 Exclusive of Interest and also in said Notes re-
deemable the 29 th September 1758 £328 Exclusive of Interest, And
that John Starkey Esq 1 Public Treasurer of the Southern District
having also paid in Treasurers notes of the first Emission £490 Ex-
clusive of Interest and in said notes of the second Emission £2550
Exclusive of Interest and also- in said notes of the third Emission
£271.10 Exclusive of Interest which said several sums amount to
£4994.10 This House have resolved that the said sums be paid to
the aforesaid John Starkey Esq r Treasurer of the Southern District
by the Chairman of the said Committee and be applied to the pur-
poses directed by the Bill passed this session of Assembly for Grant-
ing an Aid to His Majesty for paying and subsisting the forces and
Militia &c.
Resolved the following Message be sent to the Council Viz'
Gentlemen op His Majestys Hon" 6 Council
This House have resolved That the several sums paid by the
Public Treasurer of the Northern District in Treasurers Notes re-
deemable the 10 th December 1758 £1275 and in said notes redeem-
able the 10 th November 1757 £80 and also in said notes redeemable
the 29 th September 1758 £328 all exclusive of Interest by John Star-
key Esq r Public Treasurer of the Southern District in Treasurers
Notes of the first Emission £490 in said notes of the second Emis-
sion £2550, and also in said notes of the third Emission £271.10
Exclusive of Interest also which said several sums This House
have resolved be paid into the hands of John Starkey Esq r Public
Treasurer of the Southern District by the Chairman of the said
Committee and be applied to the purposes directed by the Bill
passed this Session of Assembly for Granting an Aid to His Majesty
for paying and subsisting the forces and Militia now in the pay of
this province^and for other .purposes to which desire your Honors
Concurrence. SAM 1 SWANN Speaker.
By Order W m Herritage Clk.
9 th January 1760.
Received from the Council the following Message Viz'
COLONIAL RECORDS. 199
Mr. Speaker & Gent" of the Assembly.
In answer to your Message of this day relative to burning the
several sums paid into the Committee of Accounts on the sinking
fund This House have resolved that a Committee of the whole
house join your Committee to see the same done agreeable to your
Message
9 th January 1760.
Resolved, that it be an Instruction to the Public Treasurers That
they for the future keep an Account for every Sheriff within their
respective Districts Annually and therein Debit such Sheriff for all
the Taxes wherewith he stands Chargable and State the Ballance
due to the Public (if any) and that such Accounts be kept in proper
Books to be provided for that purpose and from time to time laid
before the General Assembly for the Approbation
Received the following Message from the Council Viz'
Mr. Speaker and Gentlemen of the Assembly
This House upon perusal of the report of the Committee of Claims
are of Opinion That Mr. Gregg be allowed the sum of £10 for Ground
rent and the use of his wharf for two years. Also That he be allowed
the sum of £18.13.4 the ballance due to him on his Agreement with
the Committee of Council for the Care of the Horses &c until the
first of December, 1757.
And also that he be allowed as Storekeeper Commissioned by
Order of his Majesty the sum of fifty pounds p annum instead of
£12 which your House have allowed and which we cant think an
Equivalent for his Service to all which if your House agree we shall
pass the Claims
9 th Jan ry 1760.
Resolved the following Message be sent to the Council Viz* —
Gentlemen of His Majesty's Hon" 6 Council
This House upon considering your Message relative to making
allowance to Mr. Gregg for the matters Contained therein therefore
cant Agree to your Proposals and desire you will pass the Claims as
they went from this House.
SAM 1 SWANN Speaker
By Order W m Herritage Clk
9 th Jan r ^ 1760.
200 COLONIAL RECORDS.
Sent by Mr. Harris and Mr. Churton.
Received, from the Council the Message of this day, sent to them
regarding the Treasurers Notes &c. Endorsed 9 th January 1760.
In the Upper House — Concurred with.
JAS HASELL P. C.
The Chairman of the Committee of Accounts paid in the House
to John Starkey Esqr Public Treasurer of the Southern District The
Treasurers Notes which were paid into the said Committee men-
tioned in and Agreeable to the Resolve of the House of this day.
His Excellency the Governor sent a Message requiring the attend-
ance of this house in the Council Chamber ivith what Bills are En-
grossed m
Mr. Speaker Attended by the House waited on His Excellency the
Governor in the Council Chamber and Mr. Speaker presented him
the following Engrossed Bills
1. The Bill for Granting an Aid to his Majesty for paying and
subsisting the forces and Militia now in the pay of this Province &c.
2. The Act for appointing Vestries
3. The Act for Erecting part of the Counties of Bertie Chowan
and Northampton into a County and Parish
4. The Act to amend an Act for Appointing Sheriffs &c.
5. The Act to Impower Lawrence Thompson late Sheriff of Orange
to Collect and receive a tax of 2 shillings proc Money &c
6. The Act to Enlarge the time for saving Lotts in Halifax.
7. The Act to enable W m Dry Esq to finish Fort Johnston &e
8. The Act to enable the Commissioners of Port Bath and Port
Beaufort to amend the Navigation. •
9. The Act to Impower and direct the Commissioners of the Sev-
eral Districts herein mentioned to make new Roads &c.
10. The Act to Establish Ware Houses for Inspection of Tobacco
in Dobbs County &c
11. The Act to Amend an Act Intitled an Act for Buildine and
maintaining a Court House prison and Stocks in every County in
this Province &c
12. An Act for Appointing Commissioners for finishing the Court
House already begun in the Town of New Bern &c.
13. An Act for Establishing a Town on the Land formerly Granted
to W m Churton Gen* on the North side of the River Enoe in the
County of Orange.
To which 13 Bills his Excellency was pleased to Assent and then
dissolved this Assembly.
COLONIAL RECORDS. 201
[B. P. R. O..North Carolina. B. T. Vol: 14. E. 10.]
5 Jany 1760
North Carolina — ss.
Reports of the Committee of both Houses of Assembly met at
Wilmington to examine, state and settle the Public Accounts of
this Province the fifth day of December Anno : Dom. 1759.
Present.
rr\ tt we I an es ase I Esq" Members of his
The Hoir^ John Rieussett V ^ , R „. Council
(^John Dawson ) J J
" Mr. John Harvey Mr. Jos : Herron.
Mr. George Moore Mr. Mich : Coutanche Members of
Mr. Benj : Harvey Mr. Cor : Harnett f the Assembly
Mr. Mau : Moore
The Committee having met made choice of Mr. Corn: Harnett
for chairman who took his Place accordingly and at the same time
nominated William Herritage Clerk of the said Committee.
Thomas Barker Esq" Public Treasurer of the Northern District
Exhibited his several accounts to your Committee (by the hands of
Mr. Samuel Johnston) on oath (viz:)
Fol. 1. His account of the sinking fund whereby it appears he
has received of the several sheriffs and of the Collector of the duty
on spiritous Liquors in Port Roanoke Five Hundred and Sixteen
Pounds Nine shillings and Four Pence Exclusive of his Commis-
sions which Mr. Johnston paid in to the hands of your Committee.
Fol. 2. His account of the Nine Penny Aid whereby it appears
he has received from the several Sheriffs four Hundred and five
pounds seventeen shillings and one penny and that he has paid
including his commissions One hundred and sixty two pounds and
four pence and there remains a Ballance in his hands of two hun-
dred forty three pounds sixteen shillings and nine pence for which
he produced a voucher and lodged the same with your Committee.
Fol. 3. His account of the first two shilling Aid thereby it appears
that he has received from the several Sheriffs three thousand seven
hundred and fifty eight pounds two shillings and two pence exclu-
sive of his commissions which remains in his hands.
Fol. 4. His account of the printing Tax thereby it appears a bal-
lance of two hundred and eighteen pounds five shillings and nine
pence remained in his hands on the last settlement with your then
Committee and that he has since received from the several Sheriffs
202 COLONIAL RECORDS.
one hundred and six pounds eight shillings and five pence farthing
and that he has paid including his commissions one hundred and
sixty five pounds six shillings and five pence for which he produced
vouchers and lodged them with your Committee and there remains,
in his hands a ballance of one hundred fifty nine pounds seven
shillings and nine pence farthing due to the Public.
Fol. 5. His account of the second four shillings and six penny
Tax and two shillings -for Public Debts whereby it appears a Bal-
lance due to him of Five hundred pounds and three pence and also
a Ballance due to him of three hundred and ten pounds on account
of the nine Thousand five hundred pound Grant by the report of a
former Committee and has now paid in Notes redeemable the tenth
of December one thousand seven hundred and fifty eight, the sum
of one thousand three hundred and forty four pounds twelve shillings
and three pence with the Interest thereon by Mr. Samuel Johnston
into the hands of your Committee which with his Commissions on
the said Notes and also his Commissions on one thousand eight hun-
dred and forty pounds fifteen shillings and two pence which he has
received of the several Sheriffs a Ballance of four hundred and nine-
teen pounds six shillings and seven pence remains due from the
public to him.
Fol : 6. His account of the seven thousand pound Grant whereby
it appears that he had in his hands last settlement with a former Com-
mittee in notes one thousand nine hundred and forty -one pound and
since has received of the Collector on the dutys of Spirituous Liquors
for the Port of Roanoke the sum of sixty seven pounds eleven shil-
lings and ten pence and that he has paid including his Commissions
one thousand nine hundred and twenty eight pounds eleven shillings'
and six pence for which he produced Vouchers and lodged them
with your Committee and there remains a Ballance in his hands of
eighty pounds and four pence due to the Public.
Fol : 7 & 8. His account of the contingent Tax Whereby it ap-
pears that he has received including a Ballance due to him as settled
by a former Committee of one hundred and eighty three pounds five
shillings and six pence the sum of Six hundred and sixty three
pounds three shillings and six pence and that he has paid including
his Commissions one thousand two hundred and ninety seven pounds
twelve shillings and six pence for which he produced Vouchers and
lodged them with your Committee and there is a Ballance due to
him of six hundred and thirty four pounds and nine shillings from
the Public.
COLONIAL RECORDS. 203
Fol. 9. His account of the Emission of Notes by Act passed in
December one thousand seven hundred and fifty eight whereby it
appears that he had in said Notes to emit two thousand pounds and
that he has paid two thousand and forty pounds including his Com-
missions for signing &c : and the sum of one thousand six hundred
and fifty pounds which he sent to Mr. Starkey and for the receipt of
which he produced a Voucher which is lodged with your Committee
and there appears a Balance due to him of forty pounds from the
Public.
Fol. 10. His account of the third four shilling and six penny aid
whereby it appears that he had a Ballance in his hands due to the
Public as settled by a former Committee the sum of twenty nine
pounds eleven shillings and two pence which still remains in his
hands.
Fol. 10. His Account of the first four shilling and six penny Aid
whereby it appears a Ballance of one thousand and six hundred and
fifty six pounds four shillings and eight pence due to him from the
Public as settled by a former Committee and likewise a Ballance of
one hundred and thirteen pounds one shilling and two pence due to
him from the Public on account of the five thousand three hundred
and six pound Grant-which two sums including his Commissions
and three hundred and fifty one pound and eleven pence paid by
Mr. Johnston to your Committee in Notes redeemable the twenty
ninth day of September one thousand seven hundred and fifty eight
and the Interest thereon amounts to two thousand one hundred and
twenty seven pounds eighteen shillings and two pence and that he
has received from the Sheriffs and Clerks eighty one pounds five
shillings and one half penny so that there remains a Ballance due
from^the Public of two thousand and forty six pounds thirteen shil-
lings and one penny half penny.
Fol. 11. His account of the second two shilling aid whereby it
appears a Ballance due to him from the Public as settled by a former
Committee of four hundred and sixteen pounds thirteen shillings
"and three pence which with sixteen shillings for his Commissions
and eighty two pounds three shillings and five pence in Notes re-
deemable the tenth day of November one thousand seven hundred
and fifty seven and paid in to your Committee by the hands of Mr.
Samuel Johnston amounts to four hundred and ninety nine pounds
twelve shillings and eight pence which sum is due to him from the
Public.
204 COLONIAL RECORDS.
John Starkey Esq" Public Treasurer of the Southern District ex-
hibited his several accounts to your Committee on oath viz :
N° 1. His account of the Ballance of the sum granted to erect a
Port at Bear Inlet by which it appears he had in his hands and also
by the report of your former Committee at November Session in the
year one thousand seven hundred and fifty eight one hundred
ninety two pounds three shillings and three pence which sum he has
paid pursuant to a Resolve of both Houses for the use of the Militia
under the command of Col Waddell by a Warrant from the Gov-
ernor and to be replaced out of the next Grant and for which he
produced a Voucher and lodged the same with your Committee.
N° 2. His account of the money granted to erect Fort Granville
whereby it appears a Ballance in his hands and also by a report of
your Committee at November Session one thousand seven hundred
and fifty eight of one hundred and twenty five pounds fourteen shil-
lings and ten pence three farthings and that he has since received
of the nine penny Tax to make up one thousand pounds together
being the one half of the two thousand pounds borrowed out of the
Money appropriated for Fort Granville and to be replaced by the
said nine penny Tax seventy six pounds five shillings and one
penny farthing which two sums amount to two hundred and two
pounds out of which he has paid Cap' M c Nair two hundred pounds
for which he produced a Voucher and lodged the same with }-our
Committee which with his Commissions Ballances the said account.
N° 3. His account of the Sixpenny Tax for building public offices
at Wilmington whereby it appears a Ballance was in his hands of
eleven shillings and eight pence three farthings and that he hath
since received of John Steward late Sheriff of Cumberland for Part
of Taxes for the year one thousand seven hundred and fifty srx one
pound four shillings and nine pence which sums he has paid to
John Dubois and lodged the Voucher thereof with your Committee.
N° 4. His Account of the nine thousand five hundred pounds
Grant whereby it appears a Ballance is in his hands of one pound
ten shillings and four pence and a further Ballance of the Frontier
Expedition of eight shillings and two pence which two sums amount
to one pound eighteen shillings and six pence and is carried to his
account of Contingencies — N° 15.
N° 5. His account of the six shilling and six penny Taxes for the
year one thousand seven hundred and fifty eight to redeem the nine
thousand five hundred pounds Grant for the Forces and Public
Debts by which it appears he has received of the several Sheriffs
COLONIAL RECORDS. 205
only one hundred and fifty four pounds sixteen shillings and two
pence three farthings and that he has delivered to your Committee
Treasurers Notes to the amount of One hundred and forty seven
pounds one shilling and five pence three farthings which with his
Commissions Ballances the said sum by him received.
N° 6. His account of the four shilling and six penny Tax for the
year one thousand [seven] hundred and fifty nine and the two penny
Duty on Spirituous Liquors from the twenty eighth day of April
one thousand seven hundred and fifty eight to redeem the seven
thousand pounds Notes issued for the Virginia Expedition by which
it appears that he has received of Mr. Richard Fenner and the
Executors of Col Thomas Lovick deceased twenty eight Pounds
sixteen shillings and five pence and that he has paid in to your
Committee Treasurer notes to the amount of Twenty seven pounds
seven shillings and eight pence which with one pound eight shil-
lings and nine pence his commissions on the said Twenty eight
pounds sixteen shillings and five pence Ballances that sum.
N°. 7. His account of the two shilling Tax for the year one thou-
sand seven hundred and fifty six to redeem the six three thousand
four hundred pounds for Forts and Frontier company also two hun-
dred pounds issued by mistake and apply ed towards the South
Carolina expedition by which and by the Report of your Committee
at November Session in the year one thousand seven hundred and
fifty eight it appears that there was due to him Four hundred and
eighty nine pounds three shillings and eleven pence which with
three pounds one shilling and nine pence half penny — for his Com-
missions amount to four hundred and ninety two pounds five shillings
and eight pence half penny and that he has received from two
Sheriffs the sum of sixty one pounds sixteen shillings and three
pence half penny and on the account of the five thousand three
hundred and six pounds granted in the year one thousand seven
hundred and fifty seven four hundred and thirty pounds nine shil-
lings and five pence which ballances this account
N°. 8. His account of the four shilling and six penny Tax for the
year one thousand seven hundred and fifty-seven also the Tax on
Law suits to redeem the five thousand three hundred and six pound
notes issued for the South Carolina expedition by which and by the
report of your Committee at November Session in the year one thou-
sand seven hundred and fifty eight it appears he had in his hands
three hundred and eleven pounds thirteen shillings and nine pence
farthing which with the sums by him since received of the several
206 COLONIAL RECORDS.
Sheriffs and- Clerks amount to one thousand five hundred and thirty
one pounds eight shillings and ten pence and credits this account
for the Ballance in his account (N°. 7) above mentioned of four
hundred and thirty pounds nine shillings and five pence and his
Commissions sixty pounds nineteen shillings and nine pence which
two sums with the one thousand and thirty nine pounds nineteen
shillings and eight pence in Treasurers Notes paid in to your Com-
mittee Ballances the account.
Fol. 9. His account of three thousand seven hundred and fifty
pounds part of the seven thousand pounds in notes granted in
the year one thousand seven hundred and fifty nine which he
issued By which it appears he had in his hands (and by the report
of your Committee at November Session in the year one thousand
seven hundred and fifty eight) four hundred and eighty six pounds
eighteen shillings and that he has since received from Mr. Barker
in notes of the same emission five hundred and eighty two pounds
which two sums amount to one thousand and sixty eight pounds
eighteen shillings and that he has paid to Mr. John Campbell for
Cap* Baileys company by Warrant from the Governor as follows
£ s D
To said Campbell 28
Ensign Groves for s d company 456 18
Capt M c Nair 229 15
Cap' Richard Quince 5 12
Cap' Bailey for part of D° 348 13
£1068 IS
Which Ballances this account.
N° 10. His aecount of four thousand pounds granted in the year
one thousand seven hundred and fifty eight by which it appears
that he issued two thousand pounds and received of Thomas Bar-
ker Esq" one thousand six hundred and fifty pounds of the same
Grant which sum amounts to three thousand six hundred and fifty
pounds and that he has paid by his Excell 07 Warrants as follows
(viz')
To Cap' Hugh Waddell 550
D° 600
D° 775 14 4
Cap' Bailey 449 8
D° 818 7
Cap* M°Nair 86 10 8
his Commissions 40
£3320
COLONIAL RECORDS. 207
he has also paid the Bounty to sixty six Men at Five pounds each
which in the whole amounts to three thousand six hundred and
fifty pounds for which he produced Vouchers and lodged them with
your Committee whereby this account is ballanced.
N° 11. His account of the four penny Tax for the Printer and
Post by which it appears that he has received of the several Sheriffs
the sum of one hundred and five pounds one shilling and seven
pence farthing and that there was a Ballance due to him by the re-
port of your Committee at November Session one thousand seven
hundred and fifty eight of thirty five pounds sixteen shillings and
six pence which sums with forty pounds paid to the Post Master by
Warrant and his Commissions of Five Pounds five shillings amount
to eighty one pounds one shilling and six pence and there remains
Twenty Four Pounds and one penny due to the Public.
N°. 12. His account of the Nine penny Tax to replace the two
thousand pounds appropriated for Fort Granville and six thousand
pounds for erecting a school &c. by which it appears that he has
received of the several Sheriffs Two hundred and thirty six pounds
seven shillings and five pence three farthings and that he has paid
seventy six pounds five shillings and one penny farthing to replace
the thousand pounds borrowed of Fort Granville which is carried to
the account of the said Fort and eleven pounds sixteen shillings and
eight pence his Commissions on the two hundred and thirty six
pounds seven shillings and five pence three farthings which with
one hundred and forty eight pounds five shillings and eight pence
half penny he paid in Treasurers Notes to your Committee Ballances
this account.
N°. 13. His account of the Two shillings Tax to replace two thou-
sand pounds appropriated for Public Buildings and seven thousand
two hundred pounds appropriated for purchasing Glebes &c. by
which and by the report of your Committee at November Session in
the year one thousand seven hundred and fifty eight it appears that
he had in his hands one thousand and five hundred and forty-five
pounds eleven shillings and ten pence farthing that he has since
received of the several Sheriffs six hundred and thirty pounds nine
shillings and six pence which said two sums amount to two thou-
sand one hundred and seventy six pounds one shilling and four
pence farthing and that he has paid into the hands of your Com-
mittee two thousand one hundred and forty four pounds eleven shil-
lings and four pence farthing in Treasurers Notes which with thirty
one pounds ten shillings for his Commissions Ballances this account.
208 COLONIAL RECORDS.
N°. 14. His account of the Sinking Tax and four penny duty on
spirituous Liquors by which it appears he has received of the sev-
eral Sheriffs and the Receivers of the said duty six hundred and
fifty nine pounds twelve shillings and two pence farthing and paid
into the hands of your Committee six hundred and twenty six
pounds twelve shillings and seven pence half penny which with
thirty two pounds nineteen shillings and seven pence for his Com-
missions Balances this account.
N°. 15. His account of the one shilling and six penny Tax for
contingency's whereby it appears that he had in his hands last set-
tlement one hundred and Twenty eight pounds nineteen shillings
and eight pence and that he has received from the several Sheriffs
and others seven hundred and forty eight pounds one shilling and
seven pence half penny and one pound eighteen shillings and six
pence in his hands as p his account (N°. 4) which three sums amount
to eight hundred and seventy eight pounds nineteen shillings and
nine pence half penny and' that he has paid including his Commis-
sions nine hundred and fifty four pounds nine shillings for which he
produced Vouchers and lodged them with your Committee and there
remains a Ballance due to him of seventy five pounds nine shillings
and two pence half penny. — Your Committee must observe that Mr.
Barker has not furnished them with a List of the number of Tax-
ables nor an account of the Debts due to the Public in his District
therefore earnestly recommend it to the House to direct him to fur-
nish future Committees with an exact number of Taxables and an
account of Debts due to the Public in his District and if any errors
should hereafter appear in the foregoing reports they may be rectified
as your Committee have not either of the Treasurers accounts passed
with former Committees nor any papers belonging thereto before
them.
John Dubois Esq" one of the Trustees for building Prison and
Office in Wilmington exhibited his Account on Oath to your Com-
mittee Whereby it appears he has received of John Markey [Starkey]
Esq" One other of the Trustees for building the said Prison and Office
two hundred and four pounds fifteen shillings and four pence and
that he has regularly expended in building the said Goal and for
several materials towards building the said Office, One hundred and
eighty pounds thirteen shillings and five pence and there is a Bal-
lance in the hands of the said John Dubois' of twenty four pounds
one shilling and eleven pence.
Your Committee is of opinion that William Herritage be allowed
for officiating as Clerk of your Committee and for stationary Ware-
COLONIAL RECORDS. 209
the sum of thirty pounds — And that Mr. John Campbell be allowed
for a room fire and candles and expences for your Committee this
session the sum of five pounds
CORN 1 HARNETT Chairman
JOHN HARVEY.
GEO: MOORE.
BEN: HARVEY.
MICH: COUTANCHE
MAURICE MOORE.
Your Committee observe that John Mackey Esq™ has annexed
to his accounts exhibited to your Committee a list of outstanding
Debts due to the Public to which your Committee refers.
5 th Jan 17 1760.
The foregoing reports were read & approved of and allowed by
the House to which desire your Hon" concurrence.
SAM: SWANN Speaker
By order W m Herritage. Clk.
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 6.]
North Carolina — ss.
Reports of the Committee of Public Claims held at Wilmington
Thursday the 6 th day of December Anno Dom : 1759.
Present.
™, TT ,-, ( John Swann 1 Esq" Members of
The Honourable | Richard gpaight j ^ Council
"John Stark ey William Mackey ^|
John Ashe ' Edward Vail I Esquires Members
Richard Caswell William Bartram f of the Assembly.
Benjamin Wynns
The Committee being met at the House of Mr. William Wilkins*
proceeded to make choice of a Chairman Mr. John Starkey was
chose accordingly and at the same time Andrew Knox was appointed
Clerk to the said Committee.
Ordered that the Clerk set up an Advertisement requiring all
persons that have any Public Claims to attend at the said Wilkins
on Friday Evening next and so every evening as business may re-
quire during this Session.
Vol. VI— 14
210 COLONIAL RECORDS.
Friday Dec w the 7 th
Mr. John Melton Sheriff of Onslow County was allowed
his Claim of Ten pounds proc 1 money as his Sallary for the
year 1757, he having fully accounted with the Treasurer and
paid all the Taxes for that year 10
Mr. John Webster Sheriff of Hyde County was allowed
his Claim of Ten pounds proc 1 Money as his Sallary for the
year 1757, he having fully accounted with the Treasurer &
paid all the Taxes for that year 10
Mr. Stephen Cade Sheriff of Johnston County was allowed
his Claim of Ten pounds proclamation money as his Sallary
for the year 1756. He having fully accounted with the Treas-
urer and paid all the Taxes for that year 10
Mr. William Skinner Sheriff of Perquimans County was
allowed his Claim of Ten pounds proclamation money as his
Sallary for the year 1758 He having fully accounted with
the Treasurer and paid all the Taxes for that year 10
Mr. Thomas Davison was allowed three pounds six shil- >
lings and eight pence proc 1 money for Twenty five pounds
old Bills delivered into your Committee 3 6 8
Jacob Lash one of the Moravian Brethren was allowed
Twenty five pounds seven shillings and ten pence proclama-
tion money For provisions &c : found the Cherokee Indians
as by Acco' Filed with your Committee 25 7 10
John Peters one of the Moravian Brethren was allowed
his Claim of fourteen pounds four shillings and six pence
proclamation money for provision &c: found the Cherokee
Indians as by Acco 4 Filed with your Committee 14 4 6
Thomas Beden was allowed his Claim of Five pounds three
shillings and four pence proc 1 money for Entertainment for
the Catawba & Tuskarora Indians at Wilmington by the
Governor's order as by Acco* Filed 5 3 4
Salathial Mixon late Soldier in Cap* John Pains Company
was allowed five pounds proclamation money for returning
from Fort Du Quesne to this Province, agreeable to act of
Assembly 5
Mr. James Gregorie was allowed three pounds ten shillings
for the use of a Horse impressed from him, on an Express
from South Carolina to Virginia 3 10
Luke Deane of Rowan County was allowed his Claim of
eight pounds fourteen shillings and four pence proc 1 money
being an Acco' of Feriages Provisions for the Indians and
COLONIAL RECORDS. 211
other services as by his Account Filed with your Com-
mittee 8 14 4
William Wilkins was allowed one pound twelve shillings
being the Coroner and Jurors Fees on an Inquisition taken
on the body of Thomas Peather who wasjdrowned in Smith's
Creek near Wilmington he having no Estate 1 12
William Teague was allowed his Claim of Eighty pounds
proclamation money for a Negro man named Isaac who was
executed in New Bern in 1758 for Felony as appears by a
Copy of the Proceedings of the Court who tryd said Negro
lodged with your Committee 80
William Pratt was allowed his Claim of seventy five
pounds proclamation money for a man named Charles who
was executed at New Bern an 1758 for Felony as appears by
a Copy of the Proceedings of the Court who tryd said Negro
Lodged with your Committee 75
Samuel Gotten was allowed two pounds six shillings and
eight pence proc 1 money for the use of a Horse impress'd
from him on an Express from South Carolina to A^irginia.- 2 6 8
Mr. John Brown former Sheriff of Bladen County was
allowed his Claim of sixteen [pounds] proclamation money
as his Sallary for the years 1749 & 1750 to be paid to Edward
Bryan and Isaac Jones they having paid his Debt to the
Public 16
Timothy Clear was allowed two pounds six shillings and
eight pence proc 1 money for the use of a Horse Impress'd from
him on an Express from New Bern to Williamsburg 2 6 8
Ulte Sherril of Rowan County was allowed Thirty five
shillings for a Cow killed by the Indians for Provisions going
to War 1 15
The Hon ble James Hassel Esquire was allowed Eleven
pounds fourteen Shillings and two pence for money expended
at Salisbury for Entertainment and presents for the Catawba
Indians as by Account Filed 11 14 2
Mr. John Pope former Sheriff of Edgcomb County was
allowed his claim of Twenty four pounds proclamation
Money as his Salary for the years 1753, 1754 & 1755 he
having fully accounted with the Treasurer and paid all the
Taxes for those years 24
Mr. Giles Long late Sheriff of Tyrrell County was allowed
his Claim of Ten Pounds proclamation money as his Salary
212 COLONIAL RECORDS.
for the year 1758 he having fully accounted with the Treas-
urer and paid all the Taxes for that year 10
Mr. James M c Manus of Anson County was allowed Ten
Pounds proc 1 money for his Claim for provisions found the
Chara Indians as by Accovyit Filed 10
Richard Colthred was allowed Ten pounds proclamation
money for his Trouble and expence in apprehending one
Gordon (in Philadelphia and bringing him to this Town)
upon suspicion of being concerned in a murder and rob-
bery committed in Rowan county in this Province 10
William Powel Esquire was also allowed six pounds fif-
teen shillings — proc 1 money to be paid to Cap' — Wheat-
ley for the passage of said Gordon from Philadelphia to this
Province 6 15
John Campbell Esquire was allowed eight shillings Proc-
lamation money for three pounds old Bills delivered into
your Committee 8
Michael Coutanch Esq" was allowed nine shillings and
four pence Proclamation money for three pounds ten shil-
lings old Bills delivered into your Committee 9 4
John Tilton Constable was allowed one Pound sixteen
shillings Proclamation money for summoning Juries on
three Inquisitions at Wilmington on the bodys of Thomas
Peather, John Purcell & John Smith, they having no Es-
tate 1 16
Joshua Toomer Esquire was allowed three pounds five
shillings and four pence proclamation money being the Cor-
oner and Jurors fees on two of the aforesaid Inquisitions. _ 3 5 4
William Bartram Esquire was allowed Twenty eight shil-
lings and eight pence proc 1 money being the Coroner and
Constable fees on an Inquisition taken on the body of one
William Lockin [who] was drowned in Bladen County He
having no Estate 1 8 8
Col: George Smith of Rowan County was allowed his
Claim of fourteen pounds six shillings and eight' pence proc-
lamation money for provisions found the Catawba and Cher-
okee Indians as by account Filed with your Committee 14 6 3
Col Smith was also allowed thirteen pounds eleven shil-
lings and three pence Proclamation money for 50 pounds of
powder & 85| pounds of shot furnished the patrollers in
Rowan County in the year 1755. by account Filed 13 11 3
COLONIAL RECORDS. 213
John Hawthorn of Anson County was allowed his claim
of one pound Ten shillings Proclamation money for pro-
visions found the Indians as by account Filed 1 10
John Elliot of Anson County was allowed his claim of one
pound ten shillings Proclamation money for provisions
found the Indians as by account Filed 1 10
John Brown of Anson County was allowed his claim of
six pounds nineteen shillings and six pence proclamation
money for provisions found the Indians as by account Filed 6 19 6
Thomas Morris of Anson County was allowed his claim of
fifteen shillings proclamation money for provisions found
the Indians as by account Filed 15
Pershaunah Sherril of Anson County was allowed ten
pounds five shillings proclamation money for provisions
found the Indians as by account Filed 2 5
Adam M c Cool of Anson County was allowed two pounds
eighteen shillings and one penny proclamation money for
provisions found the Indians as by account Filed 2 18 1
Robert Patrick of Anson County was allowed two pounds
proclamation money for provisions found the Indians as by
acco* Filed 2
Martha Hughes of Anson County was allowed sixteen shil-
lings and two pence proclamation money for provisions
found the Indians as by account Filed 16 2
N. B. The eight last claims to be paid to the Hon ble Lewis
De Rosset Esq™ he having paid the said claims.
Mr. William Powel was allowed thirty six pounds procla-
mation money for Seals to sundry commissioners Writs of
Election &c: to this date as by account Filed 36
Mr. Robert Jones was allowed thirty five pounds procla-
mation money as a Gratuity for prosecuting ten suits at Salis-
bury in Behalf of the Public (as Attorney General) 35
Ezekiel Johnston was allowed Two pounds eleven shillings
and four pence proclamation money for the use of a Horse
Impress'd from him on an Express from Wilmington to
Virginia 2 11 4
Henry Hora was allowed his claim of Eight pounds proc-
lamation money for an Express from Rowan County to the
Governor at Wilmington to inform him of a murder com-
mitted by the Indians on the Frontiers 8
214 COLONIAL RECORDS.
The Hon bIe Richard Spaight Secretary was allowed eighty
five pounds nineteen shillings proclamation money being the
amount of his Account rendered 85 19
John Blythe Goal Keeper of New Hanover County was
allowed Ten pounds proclamation money for maintainence
& funeral charges for one John Smith a Felon who died in
the said Goal he having no Estate 10
Martin Fifer was allowed his claim of three pounds five
shillings Proclamation money for his whole services in
Bringing the Tools from the Catawba Fort at Salisbury &
selling them. To be deducted out of Twenty two pounds six-
teen shillings and eleven pence the amount of the said sale__ 3 5
- Mr. Frederic Gregg was allowed Thirty two pounds for the
use of his Cellers for the Ordnance Stores of Fort Johnston
for Twenty four Months and Twenty four pounds for his care
of the said Stores for Twenty four months agreeable to a 7 re-
solve of Both Houses of Assembly at November Session
1757 also Twenty two pounds four shilling and ten pence
being his charge for Negro hire &c 78 4 10
Mr. Gregg was also allowed Forty six pounds seventeen
shillings for so much money laid out by him for ammuni-
tion &c. for the use of Major Waddle and his Company by
the Governor's order 46 17
It is the opinion of your Committee that the said sum of
Forty six pounds seventeen shillings be paid out of the sum
appropriated out of the use of the two companys in the pay
of this Province.
Mr. Gregg also claims Ten pounds for ground rent where
the Magazine was built and for the use of his AVharf where
some of the Cannon stands for two years which is referred
to the Consideration of the House.
The House on Consideration of the above claim allow 6
John Alderson was allowed Four shillings and two pence
proclamation money for thirty two shillings old Bills deliv-
ered into your Committee 4 2
Mr. John Walker Sheriff of Duplin County was allowed
his claim of five pounds ten shillings & eight pence for his
expences &c. in bringing down one John Smith in custody
to Wilmington who was charged with Felony and died in
Goal he having no Estate 5 10 8
COLONIAL RECORDS. 215
William Wilkins was allowed five pounds proclamation
money for Committee room fire & candles &c 5
It is the opinion of your Committee that Andrew Knox
be allowed thirty pounds proc 1 money for acting as Clerk to
your Committee . 30
Your Committee to avoid the trouble of Messages have
burnt the sum of Thirty three pounds two shillings old
Tenor paid into your Committee as by the above report__33 2
Your Committee observe that the Expence of supplying the In-
dians with Provision marching to and from the War amounts
annually to a c onsiderable expence and as they conceive that their
assistance is now unnecessary, your Committee refers it to the consid-
eration of the House whether such allowance should be continued.
The House on consideration of the above observation resolved
the said allowance for provisions for the Indians be for the future
discontinued.-
Your Committee further observe that there is a constant annual
charge for the care of about ninety broken guns at New Bern in the
possession of Daniel Duper Your Committee refers it to the house
whether it would not be a saving to the Public if the Governor
would be pleased to order them into the hands of the Officers of the
Militia.
JOHN STARKEY BENJ" WYNNS
JOHN ASHE WILL m BARTRAM
RICHARD CASWELL W m MACKEY.
5 th Jan ry 1750. In the Assembly.
The foregoing Claims were read and allowed of and desire your
Hono™ Concurrence thereto.
SAM. SWANN Speaker.
By order W m Hekritage Clk.
9 th Jan ry 1760. In the Upper House.
The foregoing Claims were read and allowed of and concurred
with. JA. HASELL Esq re .
By order J no Smith Clk.
216 COLONIAL RECORDS.
[B. P. E. O. North Carolina. Vol. 14. E. 1.]
Letter-from Governor Dobbs.
My Lords [of the Board of Trade.]
I have nothing to acknowledge since my last of which I here send
you a Duplicate but your letter of the first of August which came to
my hands near the close of the last Session which sat longer than
usual and at last broke up without passing any Bill for reestablish-
ing any Act for the General Supream Courts of Justice having framed
Bills up on Schemes calculated for their private Ends encroaching
upon his Majesty's Prerogative the Chief Justices Rights and pro-
posing to pay the Assistant Judges out of the sinking fund which
the Council wou'd not agree to nor the other recede from so the Bills
were rejected upon which after passing an Aid Bill such as they had
agreed to for a scanty company of 30 Men and to pay such of the
Militia as were ordered out against the Cherokees and some other
Bills I by the advise of the Council dissolved the Assembly to give
the Constituents an Opportunity of a new Election to pass proper
Bills before new Cabals or Parties are formed to mis lead the Assem-
bly and carry Jobs for themselves.
I herewith send your Lordships my Speech and the Addresses at
the opening of the Session and my Speech upon the Dissolution ; I
also send you a Copy of the Superior Court Bill as it was brought
into the House with the Alterations in it up on the second reading,
when it was rejected by the upper House upon which the Assembly
brought in a new Bill under a different Title which after many
Alterations and Amendments continued until the 3 d Reading and
up on the Assembly's insisting upon applying the fund for sinking
the paper Bills to the payment of the Assistant Judges which they
would not repay but by a small Tax to commence in 1763, the Coun-
cil rejected the Bill, a Copy of which Bill I shall also send you when
I get the Bills copied that were passed with the Journals : and then
your Lordships will see whether Bills framed upon either plan or
upon the General Court plan formerly repealed up on Account of
the Clause in it for fixing the seat of Government with Courts of
Assize and Oyer and Terminer will be most constitutional and advise
me which to recommend in case I can have an answer before May,
in which Month I propose holding the new Assembly — The Chief
Justice Berry was here and I advised with him upon the whole affair,
and appointed him one of the Council before the Close of the Session
COLONIAL RECORDS. 217
according to my Instructions upon their not being 7. Councillors in
the Province alive or capable of attending; there having been two
suspended and one dead and two out of the Province one at Gibral-
tar, and the other in South Carolina so that there were but 7. in the
Province and one of these Mr. Corbin refused attendance having not
attended last May session, nor would 'attend this Session without
making any excuse though properly admonished and Mr. Rieusset
who attended the Beginning of the Session having been taken ill
and got leave to return and the President afterwards taken ill and
scarce able to attend by the unanimous Advice of the Council I sus-
pended Corbin for non attendance and former Prevarications with
the Council and upon it swore in the Chief Justice for had the Presi-
dent continued ill there then would not have been a Number to have
made a House, so finding it for his Majesty's service and believing it
would be agreeable to your Lordships I brought him into Council
to assist at this critical time and if his Majesty is pleased to confirm
Mr. Corbins suspension as he is now out of Lord Granville's Service
I beg leave to recommend Mr. Child the Attorney General now resi-
dent here in Lord Granville's Agency as a proper person to succeed
him, with the other Gentlemen I recommended before in place of
Col. Innes and the two former suspended Members in case their
suspension shou'd be confirmed which were Mr. Maurice Moore Mr.
Alexander Maccullough Mr. Robert Palmer Surveyor General and
Colonel John Sampson and when these vacancies are filled I expect
the Council will be steady in supporting his Majesty's Prerogative
and the Rights of the people.
I have also sent to your Lordships a Copy of Mr. Barkers accounts
who is Treasurer of the Northern District, by which you will see in
what Manner the public accounts are carried on, when not brought
before and passed by the Council, and not properly audited, when
thus undigested and passed by the Assembly having such Influence
as Members and Treasurers over the Assembly as to influence them
in their favour even to carry points against the Crown by being for
Life. Mr. Starkey the other Treasurer for the Southern District has
not furnished me with a Copy to send your Lordships and though
he has returned an imperfect list of Taxables and a jumbled indis-
tinct Arrear yet his manner of accounting is very irregular, and as
he has been constantly acting against his Majesty's Prerogative and
still attempting to enlarge the Power of the Assembly at the Crown's
expence and is a declared Republican and having by the Honours
granted him by the Crown of being Colonel of the Militia in his
218 COLONIAL RECORDS.
County and the ruling Justice of the peace in the County Courts and
being almost sole administrator or Executor over Orphans Estate in
his County he has all his Accounts tho' unwarranted passed by the
County Courts I by the unanimous advice of the Council have left
him out of the Commission of the peace and I have also taken his
Commission of Colonel from him that he mayn't by favour of the
Crown have an undue influence over the County upon a new Elec-
tion, as it is improper that a Treasurer should be a Member, and
though your Lordships are of opinion very justly that it is improper
to have the Bill at present repealed that appoints the Treasurers for
Life until the Time the Tax expires in 1763 yet as it is a temporary
Law and Tax and has a perpetual Clause slipped into the Bill I
believe your Lordships will then think it advisable to repeal that
Clause so that the Treasurers may rest as they are until that time.
I also laid your Lordships Memorial of April 1739 [1759] upon the
Complaint of the Merchants about the Paper Bills of Credit before the
Assembly. His Majesty's Instructions in pursuance of it not having
arrived here till near the end of the Session which I then also laid
before them But they would not be prevailed upon to frame any Bill
to the purpose recommended for these Reasons That if any Bill
shoud pass to prevent those Bills already passed from being a legal
Tender it would immediately depreciate our present Bills to a dis-
count of 300 p cent or perhaps more as happened to the Bills called
the old Tenor which formerly fell from one pound to ten pounds
discount and if such a Bill should pass and new Bills be issued here-
after without being a legal Tender neither old nor new would be
current in Trade As there is n't present neither Gold nor Silver cur-
rent in the Province it would effectually prevent Quit Rents from
being received or any publick Taxes due to his Majesty for then
distresses cou'd be only taken and if offered to sale there would be
but few Buyers for want of Bullion to pay for them, and if a few
persons had hoarded up a little Bullion they might purchase such
Distresses at what price they pleased being a Monopoly to them
This would raise a flame and the Government who have no regular
force in the Province would be insulted and would have no Power
to enforce the Law as appears by the late Riots to the Northward
where Mr. Corbin was carried away by force.
The Assembly were also surprized to hear of such an Application
to your Lordships as they can find no Merchants of any Weight
from this Province who joined in the application nor had heard of
any Creditors in England who had made such a Complaint and
COLONIAL RECORDS. 219
therefore alledged they were persons drawn into petition by private
solicitations of Persons of no Weight — For in this Province where
protested Bills have been sued for with Damages the Jury gener-
ally give Damages with Interest equal to the discount upon Bills
and not according to the nominal value of 33J p cent the propor-
tion of paper Bills to sterling Money.
As this Instruction which I will and must adhere to until released
from it has put an effectual stop to the issuing any future Notes for
the publick service the Assembly had no other Method to raise the
supplies for the current service to join in obtaining Justice from the
Cherokees and to support the small company of Provincials till All
Saints next, but by borrowing so much again from the Bills repaid
to the schools as much as Answered the present Emergency (which
thank God is now over by obtaining Justice and a future peace from
the Cherokees) and what was due for Claims and the Expences of
the Assembly to be paid in again by I s 8 d Tax for 3 years which
sum when repaid is to be subject to his Majesty's Orders whether to
be issued for building of schools or to be burnt with the other paper
Money by the sinking fund.
As this Province suffers so much for want of a proper education
of their youth as well as for want of a pious Clergy I leave it to
your Lordships whether you won't think it prudent to advise his
Majesty to allow it as it is paid in to be issued again towards the
building of schools as well as other sums borrowed from the Bills for
building churches and purchasing Glebes for the use of the Clergy
and let the paper Bills be burnt annually by the sinking fund, for
notwithstanding the Complaint of the paper discount the Province
will in a few years be petitioning for a further currency of paper as
there wont be a sufficient sum to pay Taxes and Quit Rents and to
carry on Trade until by our Industry we get a Ballance in Trade
which can only bring in Bullion to us.
I think it proper to inform your Lords 1 ™ that the smallpox has
got among the Indians the Cherokees and Catawbas and the ac-
counts we have from these last are that great numbers have perished
but as they have all dispersed in the Woods to avoid it thej r say
there are not 40 of their Warriors left in their Towns and should
they be much diminished so as not to make up a Nation they talk
of removing to join the Creeks when I know the certainty I will
further inform your Lordships and then you will form a Judgment
how much land to allow them about their Towns I have passed a
Bill to have Fort Johnston finished in two years time by private
220 COLONIAL RECORDS.
contract for £2900 to be paid out of the powder money granted for
a Term of years by the Assembly.
The Assembly proposed to apply the Fines and Forfeiture towards
the payment of the assistant Judges Salaries but upon my informing
them that I cou'd not pass the Bill without having his Majesty's pre-
vious consent they desisted, but as scarce any fines or forfeitures have
been recovered if his Majesty should consent to have them so applied
they might pass a Bill to have them properly collected which can't
be done now without an Exchequer Court which it has been thought
adviseable not to push for.
If your Lordships should think it adviseable to have a general
court Bill with Courts of Assize and Oyer and Terminer you will
find it proper to fix the seat of Government and have all the Offices
kept together I therefore should be glad to know whether his
Majesty would have the late Bill for fixing the seat of Government
repealed here or will repeal it at home or whether he will approve
of having it fixed as it is by that Bill and in case any money is
allowed from the Pailiament to this- Province whether his Majesty
wou'd apply a part of it to finish these publick Buildings since now
no Bills can be issued upon that account I can't tell how that Money
can be applied for as the Assembly have not applied for any Agent
to be appointed and therefore it must lie over till next session. I
dont doubt but the Chief Justice and Attorney General will accpiaint
your Lordships with the Objections made against the rejected Bills
and therefore shall refer to their Letters.
I am with due respect My Lords &c,
ARTHUR DOBBS.
Brunswick
19. January 1760.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
21 January 1760
Letter from Governor Dobbs.
Sir, [Secretary Pitt.]
I have no Letters to acknowledge since my Letters of October
the 14 and 31 st duplicates of which I inclose with this, as I am in-
formed a Vessel which carried the first was lost.
I herewith inclose to you a Copy of the Treaty Gov r Lyttelton
made with the Cherokees, in which he has obtained great honour
by his heading the Troops and obtaining Satisfaction & a confirm'd
COLONIAL RECORDS. 221
>.
Peace without Blood; the few Provincials I sent and Militia were
upon their March, but had not joined him before he concluded the
Treaty, he having sent an Express to stop them ; but am sorry to
inform you of the dastardliness of our Militia, for of 500 who were
drafted and ordered upon that Service they all deserted except about
80, which is entirely owing to their want of Education & Instruc-
tion, for want of schools and a pious Clergy to inspire them with
Christian Principles; However the Name of our joining them made
the Cherokees sensible that the 3 Provinces wou'd join against them,
which with the glorious Conquest of Quebec brought them to reason.
I have also by this Conveyance sent you a congratulatory Address
from the Council and Assembly of this Province to his Majesty upon
the glorious success of our Arms, and our strong hopes that the
Conquest of Mississippi and Mobile wou'd follow the Conquest of
Canada which can only secure the future peace of these Southern
Provinces, which will prevent any future American Wars with the
French, and upon opening the Hudson Bay Trade will give us the
whole Trade of the Northern Continent to Mexico — As we can spare
now many Troops from New York, the Conquest will be easy, and
may either follow or preceede the Conquest of the remaining Sugar
Islands in one Campaign, as Providence assists us and our Troops
are flushed with Success upon the vigorous Measures you have in-
spired in supporting the protestant Church and Cause of Liberty.
I hope to live to see the Edict of Nantes restored, and to set about
the Civilizing and converting the Natives of this great Continent
upon a confirmed Peace, and that His Majesty may die the greatest
Prince in Europe.
I am with true Regard Sir &c
ARTHUR DOBBS
Brunswick
21 st Jan ry 1760.
'[From the North Carolina Letter Book of S. P. G.J
Letter from A. Dobbs to the Secretary.
Brunswick, 22 d Jan ry 1760.
Rev 4 Sir — I have your favour of the 6 th of August, with the Box
of Books you mentioned for the Missionaries. I have delivered Mr.
MacDowell his parcel, as he is fixed in this Parish, where he
discharges his duty to satisfaction and is an exemplary good liver
& deserves encouragement or to be made a Missionary, if the So-
222 COLONIAL RECORDS.
ciety's fund can afford it. I have also given Mr. Smith your letter,
who is fixed in the neighboring Parish at Wilmington. I shall
send the other parcels to the other Missionaries, Stuart, Read &
Earle, by the first opportunity by sea from hence, as the carriage by
land will be expensive to them & shall distribute the valuable books
the Society has sent to them or to the other clergy or gentlemen
qualified to read them, as we have some deists sprung up in this
Province ; I am much obliged to the Society, for the appointment of
Mr. Read & Mr. Earle their missionaries, in this Province, where we
are so destitute of Clergy, and their Parishes which generally take
in a whole county are so very extensive, that the charge of attend-
ing many chapels is very great as well as laborious. I wish that
your admonishment of Mr. Myer may have a good effect. I observe in
his return to you, he mentions his having baptized above 300 whites
& 60 Negroes in one year; I wish it may be true, as I am informed
he does very little duty. I am loath to load him with facts from
publick shame, so hope he will be able to justify his character &
conduct which ought to be established to procure honor to his mis-
sion.
The most serviceable thing I can recommend to the Society at
present upon the visible increase & extent of these colonies by the
manifest interposition of Providence in our favour is, that they would
recommend it to his majesty to send over some Clergymen with
Episcopal power, if they dont prevail to have at least 2 Bishops
fixed on this Continent for the Northern and Southern districts,
that they might ordain and visit the clergy and see how they per-
form their duty which at present, tho' they should have no other
episcopal jurisdiction or spiritual courts, except in separating the
faulty from communion would I'm persuaded have a good effect;
for I find what difficulties the Society is under in procuring proper
clergymen to officiate here, in' extended forests (tho' not deserts)
when too many take orders, with a view to a maintenance or pre-
ferment ; this would encourage the colonies to set up schools for the
encouragement & instruction of youth, and from the colleges now
erected, we might prepare our youth for ordination without the ex-
pense & hazard of going over to England to be put in orders, which
would in some time lessen the sectaries, which so much abound in
this and the neighbouring colonies ; this my good Lord Bishop of
London told me he wished to have done, and that his, so extensive
diocese was lessened, and I hope methods might be found out to
give such bishops or Clergymen with Episcopal itinerant powers a
COLONIAL RECORDS. 223
.suitable maintenance, to promote so laudible a work. I am sorry
that there are such difficulties in procuring clergymen & school-
masters of good characters to come over to this Province, & hope
the Society will think it of as great moment, to increase missionaries
in this Province (which contains about 80,000 whites besides negroes)
nor have we but 8 resident Clergymen as in the Northern Colonies,
who tho' they have not Episcopal Clergy yet have other instruc-
tors which give them Christian Principles, when there is a total
want here, having only strollers who set up for teachers, without any
regular instruction, and many of them immoral Livers. Pardon
me sir for this address which I think so necessary for promoting the
success of the Gospel in this Province.
I lately Rec d a Letter from Mr. Ichabod Camp from Middleton in
Connecticut, who I find is a missionary there at a small allowance.
He says that what he has there cannot support him & is inclin-
able to come here, if there is any encouragement; but I find that if
he removes without the consent of the Society that he will lose his
mission. I shall let him know the encouragement given here & that
we have sufficient vacancies for many, and in case the Society
should continue his mission upon his removal, shall desire him to
obtain leave from the Society in order to encourage him to reside
here, and perhaps this may induce others to come from the north-
wards, since we have such difficulty in getting any from England.
We have had a session of Assembly here to reenact and amend
some Laws repealed by his majesty in Engl d one of which was the
Vestry Bill, which had taken the nomination to livings from the
Crown ; but the Assembly was so employ'd in framing other Laws,
which in the end miscarried that they could not attend to have a
proper Law, so only established a vestry Law for one year to enable
them to lay tax for the maintenance of the Clergy, pursuant to the
last Law, which settled £100 per ami & £20 for a Glebe as there is to
be a new assembly elected to sit in May, we have thoughts to estab-
lish a general fund out of which the Clergy is to be paid as in S°
Carolina, if the assembly will be prevailed upon, to pass such a bill
& then every Parish would endeavour to have a Clergyman and
Church in their own Parish.
It gives me great pleasure that the Society accepts of my endeav-
ours, to encourage Religion & Morality in this Province. I pray God
to bless their endeavours for the general good of the Church,
I am Reverend Sir
Your most Obd' Humble Servant
ARTHUR DOBBS
224 COLONIAL RECORDS.
P. S. March 12 th , the Cautawbes nation is almost destroyed by
the Small pox. not forty fighting men left alive.
[North Carolina Letter Book. S. P. G.]
Mr. Macdowall to the Society
Brunswick S 4 Phillips Parish
in North Carolina, Feb y 9, 1760
Sir, I have had the favour of your letter, with the present of very
valuable books from the venerable society, for which I humbly beg
leave to return my hearty thanks. They came in Via Charlestown,
the 6 th ult, to his excellency Gov r Dobbs at Brunswick, His Excel-
lency's Mr. Reeds, Mr. Earles & mine came all safe to hand.
Nothing can give me greater pleasure, than to hear that my con-
duct is approved of, by them ; it is impossible for me fully to express
mj sentiments of gratitude & thankfulness to the society for their
kind notice of me, and thus rewarding my services. They may be
assured I will persevere in the duty of my holy function, with vigor
and alacrity, while I have the honor of being an ambassador of
Jesus Christ.
To convince them of this great truth, I beg leave to represent to
them that this was my great pleasure, before ever I was so happy,
to be taken notice of by them ; or had any expectation of receiving
gratuity or reward from them — nor did I ever ask or know of any
one directly or indirectly to recommend me to them. — what I did
was entirely owing to the ardent desire I have & will have to pro-
mote the glory of Almighty God & the salvation of men by Propa-
gating the Gospel of our Lord & Saviour Jesus Christ in the world.
Especially having these encouragements, that they that be wise shall
shine, as the brightness of the firmament and they that turn many to
righteousness as the stars for ever and ever and that we are assured by
the lip of truth, that many shall come from the east & from the west
from the north & from the south and shall sit down in the Kingdom
of God. That he will be with us to the end of the world. — who
then is a faithful and wise servant whom his Lord hath made ruler
over his household to give them meat in due season? blessed is that
servant whom his Lord when he cometh shall find so doing — and
with the great apostle of the gentiles, I can truly say who [woe] is
unto me if I preach not the gospel.
COLONIAL RECORDS. 225
These were ray motives; these were my encouragements to per-
severe in my duty without fee or reward — but I must likewise own
it gives me great pleasure to be taken notice of by so venerable
a body of worthies — and I should be much to blame not to be duly
sensible of the great honor they do me.
In particular I beg' leave to thank them for the kind intimation
they are pleased to send me " that they will consider me for what
extraordinary services I do in ray visfts to the several Parishes in
N. Carolina " — That is a branch of my duty I have never been de-
ficient in ; for I could not ans r the neglect of it, either now to my
own conscience or'to my great Judge at the last day. I sincerely
believe I have never been exceeded by any one, for the same space
of time that ever came to America. So that were they to reward me
for all the services of that kind I have actually done I might ex-
pect something great indeed, but whatever they are pleased to allow
me, shall be acceptable and as soon as they please, as my family is
lately increased by the birth of a fine son.
Every year when I agree with my vestry I reserve 4 Sundays to
be employed in other parishes, besides the pk.:es I can attend be-
tween Sunday & Sunday. In a fortnight or 3 weeks time, I have
^ gone thro' 2 sometimes 3 large parishes or counties & been every
day employ'd in Preaching & baptizing and this not for once or
twice but every year since I have been in, which is now going
on 7 years, and that many times every year, which I can prove by
a cloud of witnesses besides the vestries of the several parishes.
Since I wrote last to the Society, I have been out as far as the
borders of S° Carolina, where I had so great a number of People
from both Provinces, that we were obliged to assemble under the
Shady trees. I baptized one day on that visit 32 children and
Adults, among whom were 5 free mulattoes.
I am to set out the 18 th ins 4 on a visit to Bladen & Cumberland
counties which will take me up 4 or 5 weeks & will give me good
employment every day.
I am sorry to hear, the Society do not think proper to grant me
a mission here, the reason I presume is, because my parishioners
have not a church _& parsonage house actually built for me. But I
hope the Ven ble Society will not think me the less deserving, who
have been labouring all this time in places destitute of many con-
veniences. As therefore the Society do not think proper to grant
me a mission here I humbly request the favour of them to send me
Vol. \ r I— 15
226 COLONIAL RECORDS.
their missionary to New England or New York government, where
I understand several parishes are vacant & have applied to the So-
ciety for a missionary. It is impossible for me to continue here
where my salary is so small and every thing so dear. — I could not
have continued so long had I not had some fortune with my wife;
which if I continue here much longer must all go. I was obliged
to sell a slave last year to help us to subsist, tho' no persons ever
liv'd in a more frugal mannef.
Wherefore If the Society have any regard for me, they have it
now in their power to make my life quite comfortable & happy, by
sending me to one of the vacant Parishes to the northward, and I
humbly entreat they will be pleased to grant this my ardent request.
They may be assured I will continue to serve my God and my
generation most faithfully in the holy office it hath pleased the
Almighty to call me unto. — I will continue here this ensuing sum-
mer till I hear from the Society, and in the mean time I will get
ready, certificates from the vestry of my own Parish & the vestries
of the other Parishes I have visited, of my services & good be-
haviour, to send to the Society if they desire me. — and am with
profound submission and respect,
The venerable societys most dutiful
& most ob' humble Serv'
JOHN MACDOWELL
[B. P. R. O. North Carolina. B. T. Vol. 13. D. 60.]
Letter from Governor Dobbs to the Board of Trade.
Brunswick 28 th Feb 1760
My Lords,
I refer you to my Letter of the 19 th January in which I wrote at
large all the Occurrences of the last Sessions, which I send with the
several Journals Bills etc, since which some difficulties have arisen
about the Charters to some of the Counties and Towns which have
formerly sent Members of which I must inform your Lordships and
receive your Opinion upon in issuing future Writs upon calling
Assemblies, all the Counties which had been appointed by Acts of
Assembly and had been repealed by His Majesty in 1754, and had
been reinstated again without any Clause to elect Members have
taken out or applied for Charters except Tyrrel formerly a 5 Member
County, and New Hanover County, the last not having been repealed
COLONIAL RECORDS. 227
by His Majesties Order, and the two Towns of Edenton and New
Bern which I find stand upon a Clause of a Bill not then repealed.
I must therefore lay their several Claims or Objections to take out
Charters before your Lordships that you may be apprized of my
reasons of allowing and disallowing of their several Writs, until they
take out Charters or until His Majesty's pleasure is Known by new
Instructions against future Elections.
As to Tyrrel I find their only Objection is that they are to have
for the future only 2 Members in lieu of 5 formerly, which I think
by my Instructions I am not impowered to grant, as none of the
Counties in His Majesty's District nor any new erected Counties have
more than 2 since I am instructed as near as I can to bring the
Northern & Southern Districts to an equality, but I can't lessen the
Numbers elected in the four Northern Counties of Chowan, Pequi-
mons, Pasquotank and Currituc, which altho' they are very small
Counties and 5 Members each and as I have divided Edgcomb County
and made Halifax County out of it which will send 4 Members
instead of 2 when undivided Lord Granville can't complain that 3
Members are taken from the small County of Tyrrel, besides for the
conveniency of Chowan, Bertie & Northampton Counties I have
erected Hertford County out of these, which will have two Members
more in lieu of one taken from Bertie by Charter which formerly
sent three, and the other taken from Tyrrel, so that Lord Granville's
District will still have the same number of Members in Assembly.
New Hanover County stands yet unrepealed by" your Lordships
not having found out how they are entitled to be a seperate District
and to send Members New Hanover I find was appointed by a Bill
passed 27 th November 1729 Chapt 10 under the Title of an Act for
regulating Vestries etc in which nothing appears relative to New
Hanover Precinct, this Act is not inserted among the printed Acts
only the Title with this remark in the margin " Repealed by Act April
4 th 1741 except that Clause which erects New Hanover into a Dis-
trict. The Bill which repeals it in 1741 Chap 23 d is entitled an Act
for Establishing the Church for appointing Parishes and the method
of electing Vestries which in the 21" section repeals that Bills so far
as relates to the Church Vestries etc. This irregular method of not
knowing the contents of the Acts by the Titles prevented your Lord-
ships from repealing that Law, and his Majesty having repealed the
last Act in 1741 the former remains in its full force for these reasons
I can't refuse issuing a Writt for that County for this New Assem-
bly, if your Lordships think it necessary that they should take out a
228 COLONIAL RECORDS.
Charter to supply his Majesty's Prerogative, I believe you will think
it advisable that His Majesty should repeal that Bill, or give me
further Instructions upon it. .
The Case of Edenton's and New Bern's right of sending Members
is founded on a general Clause in an Act of the Proprietors the 19 th
January 1715 entitled, An Act for appointing a Town in the County
of Bath Chap. 52, Sections 33 d 34 th & 35 th , by virtue of which Bath
sends a Member, & also Edenton and New Bern upon the general
Clause of every Town in the Province being allowed to send Mem-
bers when they shall have 60 families resident in them. These
Clauses I believe were overlooked when His Majesty thought he had
repealed the Edenton Law, by repealing the Act of the 1 st of August
1740, which confirmed their power of sending a Member, and there-
fore Edenton, Bath Town and New Bern are still empowered by Law
to send Members, and am therefore obliged to issue Writs to these
Towns at this Time, and hope that in these Instances I have pur-
sued my Instructions as far as I can do by Law, But your Lordships
will consider whether it may'nt be advisable to repeal the Bath
Town Law, as all future Towns when they have 60 families will send
Members without having Charters from the Crown, & so lessen His
Majesty's Prerogative.
As there' are several displeased with me for steadily adhering to
my Instructions, and £eem desirous to make a Breach in the Prov-
ince by setting up of Northern and Southern Interests especially the
Treasurers, who are not pleased at my sending over Copies of their
irregular Accounts, and some others at their head, who hope to gain
in Case I should be guilty of any mistakes, and I am told have as
much as they could delayed and prevented the Counties from taking
out Charters saying it is unconstitutional, and only a scheme of
mine to get fees contrary to Law, lest I may err and they should
make any Clamour against me which might reach your Lordships,
I must state that point to you, and have your Orders or Instructions
upon it.
Upon the Repeal and reenacting of the Counties without a power
of sending Members but by taking out of Charters, the County of
Orange and Town of Brunswick applied by Petition for Charters, as
there was no fee mentioned in the fee Bill for taking out of Charters
under the Great Seal, I advised with the then Attorney General Mr.
Robert Jones, and asked him what I should take as a fee for each
Charter I said I thought I could not take less than £5, he said he
thought it was too little for such a Privilege for ever and thought
COLONIAL RECORDS. 229
£10 proc. [money] was little enough, which according to the Discount
is 5 Guineas, a Guinea passing for 40 shillings, and a pistole for 30
shillings, besides what they might give to the Secretaries upon which
he took out Orange Charter and sent me the fee, as did also Bruns-
wick. I therefore in pursuance of his advice have continued to take
that fee, for as the Assembly give nothing to the Governor but such
Perquisites, & neither allowed me for House rent, nor even my Ex-
pences in going to Philadelphia to serve the Province and the Public
which all other Provinces allow, I thought a fee which does not
amount to 1 penny per taxable was but a reasonable fee, and might
[not] hurt future Governors, which is not more than a Justice of Peace
in Ireland pays for his Commission, but upon hearing of the Com-
plaint they would make against me, I have deposited the fee, and
will not make use of it until I have your Lordships approbation, or
if too much, shall return the whole or what part you shall think
proper to instruct me to do, submitting the whole to your Lordships.
I am with due Regard
My Lords &c
ARTHUR DOBBS.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Extract of Major Waddell's Letter 29 Feb y 1760
In Return to your Excellency's News I shall give you a little
nigher home, for several Days I observed That a small party of
Indians were constantly about the fort, I sent out several small
parties after them to no purpose, the Evening before last between
8 & 9 o'clock I found by the Dogs making an uncommon Noise
there must be a party nigh a Spring which we sometimes use. As
my Garrison is but small, and I was apprehensive it might be a
Scheme to draw out the Garrison, I took out Cap' Bailie who with
myself and party made up ten: We had not marched 300 y ds from
the fort when we were attacked by at least 60 or 70 Indians I had
given my party Orders not to fire until I gave the word, which they
punctually observed: We Vec d the Indian's fire: When I perceived
they had almost all fired, I ordered my party to fire which We did
not further than 12 Steps each loaded with a Bullet and 7 Buck
shot, they had nothing to cover them as they were advancing either
to tomahawk or make us Prisoners: The}' found the' fire very hot
from so small a Number which a good deal confused them ; I then
ordered my party to retreat, as I found the Instant our skirmish began
230 COLONIAL RECORDS.
*
another party had attacked the fort, upon our reinforcing the Gar-
rison the Indians were soon repulsed with I am sure a considerable
Loss, from what I myself saw as well as those I can confide in they
cou'd not have less than 10 or 12 killed and wounded, and I believe
they have taken 6 of my horses to carry off their wounded ; The
next Morning we found a great deal of Blood and one dead, whom
I suppose thej r cou'd not find in the night. On my side I had 2
Men wounded one of whom I am afraid will die as he is scalped,
the other is in a way of Recovery, and one boy killed near the Fort
whom they durst not advance to scalp. I expected they wou'd have
paid me another visit last night, as they attack all Fortifications by
Night, but find they did not like their Reception.
To His E cy Gov r Dobbs.
[From North Carolina Letter Book. S. P. G.]
Certificate of the Vestry in Craven County in favor of Mr. Read.
March 3 rd 1760.
We, the subscribers, the Church wardens, and only vestrymen at
present qualified, of Christ Church Parish, which is the whole ex-
tent of Craven County in the Province of North Carolina, do hereby
certify that the Rev d James Reed hathe served the cure of the s d
parish for 6 years & upwards, that during the s d time he hath dili-
gently attended one Parish church & 8 Chapels situate at very great
distances from the town of Newbern, the place of his residence &
centre of the Parish.
That he hath given great satisfaction to his parishioners by a
regular and exemplary life and a faithful discharge of his duty &
that there is a perfect harmony and good agreement subsisting be-
tween the s d Rev d Ja 8 Reed & his Parishioners in general, witness our
hands this 3 rd day of March 1700.
JOHN FONVIELLE
WILL" JONAS
JAMES SHING
THO 8 GRAVES
LEM 1 HATCH
JACOB BLOUNT
Vestrvmen.
COLONIAL RECORDS. 231
[From North Carolina Letter Book. S. P. G.]
Mr. Read to the Secretary
N° Carolina, Newburn, Mar 5, 1760
Rev* Sir
I waited upon his excellency Gov r Dobbs, the 7 of Feb y last a [at]
Brunswick where I received, a parcel of Books with your letter of
the 6 th of Aug' 1759. your prior letters to the Governor & myself
having both miscarried.
As the venerable society for the propagation of the gospel have
thought proper to receive me into the number of their missionaries,
I shall always acknowledge this favor as a mark of their esteem
and a great encouragement, to perseverance in the faithful discharge
of my ministerial duty & tis with a truly grateful heart I now write
& Return my sincere & hearty thanks to the Society for their gen-
erous support and ample relief under my severe duty and narrow-
circumstances Their expectations I shall endeavour to answer to
the utmost of my abilities that the society may never have occasion
to repent of their appointment, nor our worthy Gov r of his recom-
mendation, the enclosed certificate I presume, will satisfy the So-
ciety that I still continue with usual diligence in my old situation,
as my Parishioners in general are very well satisfied and pleased
with my labours so I think myself happy in their love and affec-
tion, and as the Benevolence of the Society will make me very easy
in my temporal affairs. I have since the receipt of your favor en-
tirely laid aside all thoughts of deserting my Charge, or ever re-
moving. I shall take particular care to distribute the books and
pious tracts among such as appear to want them most & will make
a proper use of them. D r Singes answer to all the excuses and pre-
tences, which men Ordinarily make for their not coming to the holy
communion will be of infinite Service. Several people who were
very remiss in this part of their Duty, have already read it and
promised to be regular communicants for the future. I should be
glad of a few more of them to distribute for my Parish is very ex-
tensive, the two parcels of Books directed to my worthy Brethren
Mr. Stewart & Mr. Earl are now in my care. I have wrote to them
both & will forward the Parcels by the first conveyance. I have
drawn upon Mr. Pearson in favor of Rob 4 Carey & Corn" Merchants,
for a year and a halfs Salary, & I hope my Bill will meet with re-
232 COLONIAL RECORDS.
spect. at midsummer next I purpose to write again & send my
Not. Paroch. agreeable to the Society's orders & instructions with
which I was before unacquainted and therefore could not comply
with them at present.
I am Rev d Sir Yours &c
JAMES REED
Missionary in Craven County.
[From North Carolina Letter Book S. P. G-.]
Certificate of the Churchwardens and Vestry of S' Phillips Church
in favor of Mr. Macdowell.
St. Phillips Parish, Brunswick Ap 1 7, 1760
Right HoN ble & Right Rev 4 Worthy Gentlemen
We The Churchwardens & Vestry of S' Phillips Parish * * in
New Hanover County, on Cape Fear River, in the Province of N°
Carolina, humbly beg leave to recommend to your Society for a Mis-
sion the Rev d Mr. John Macdowell as a very good minister of the
Church of England who has been in this Province since the year
1754 & has officiated in our neighboring Parish of S' James from
the time of his arrival until May 1757 & for the next year did
officiate in the towns of Brunswick & Wilmington and from that
time has been our Minister in this Parish, and' hath alwaj'S behaved
himself as became a worthy Minister of Jesus Christ ; he hath also
officiated by the liberty of the A^estry many times in distant Parishes,
and hath been very well liked by all the Vestries of every Parish,
where he hath officiated.
We therefore humbly pray to recommend him to your favor for a
mission.
We are building of a very large brick Church which is near done
& soon hope to have a Glebe but at Present we are obliged to hire a
house, for him to live in, till we can do better, at present we are a
poor parish, very heavil} r taxed on occasion of the present war with
the French & Indians, therefore can't afford to give a competency,
so as to maintain him & his young family in a decent good manner
COLONIAL RECORDS. 233
and we shall, as in duty bound, ever pray for a blessing on your
most religious endeavours. We are
Right worthy Gentlemen
Your most dutiful & Obd' Servants
RICH QUINCE l n , , ,
JOHN DAVIS Jun* j Churchwardens
ROB 4 SNOW
RICH d EAGLES
BENJ n DAVIS
THO s NEALE
JOHN DAVIS Jun 1
JA S MURRAY
JN° WALTERS
JAS WATTERS
WILL m DRY
> Vestrymen
Gov r Dobbs' Sanction to the foregoing certificate
North Carolina — ss.
By his excellency Arthur Dobbs Esq r His Majestys Captain Gen-
eral. Governor & Commander in Chief in and over the Province
aforesaid.
These are to certif} r , that Richard Quince, John Davis Jun r , Rob-
ert Snow, Rich d Eagles, Roger Davis, Tho" Neale, Jn° Davis Jun r ,
James Murray, John Waiters, Joseph ■ Watters & Will m Dry, who
subscribe the foregoing recommendation, are the Churchwardens &
major part of the Vestry of S' Phillips' Parish in New Hanover
County in the s d Province & that the Rev d Mr. John Macdowell
Minister of the s d Parish is a person of unblamable life and conver-
sation & deserving of. the recommendation given him by the Church-
wardens & vestry aforesaid
In testimony whereof I have hereunto caused the Seal of the said
Province to be affixed at Brunswick the 14 lh day of April. In the
year of our Lord 1760.
ARTHUR DOBBS.
[From North Carolina Letter Book. S. P. G.]
From Mr. Moir to the Secretary.
Edgecombe Ap r S. 1760
Rev 3 Sir
Since my last of Oct 16 1759 I baptized 206 White children & 3
black : on the 4 th & 6 th ins' there were above 50 Communicants in
234 COLONIAL RECORDS.
this Parish. For some years past this Province has been running
into great disorder & confusion Sectaries prevail in many Parishes,
the last Assembly would not pass a new vestry act. there is nothing
like the administration of Justice among us. A Silly fellow that
headed a mob against the Earl of Granville, his Land office is put
into the commission of the Peace. I this day draw for my Salary
from Mich 8 1759 to Lady day 1760 & am
Rov d Sir
Your most obd' Humble Servant
JAMES MOIR
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Letter from Governor Dobbs.
Brunswick, 12 th April 1760.
Sir, [Secretary Pitt.]
I had the Honour of yours of the 7 th of January with his Majesty's
Commands to call the Assembly together only the 27 th of March, in-
closed to me via Charles Town by General Amherst, upon which I
issued a Proclamation the same day for the Assembly to meet the
22 d instant at New Bern the most Central part of the Province, it
being impossible to meet them sooner as Writs had before issued for
a New Assembly and the Elections were appointed for the 10 th and
17 th instant; you may depend upon my most zealous endeavours to
promote the raising of as many Men as We can in the short time we
have to do it in upon this important Crisis, and to encourage them
to act with Vigour and Dispatch shall propose to break through my
Instructions and issue as much paper Currency as will raise cloath
and pay them when in the Province, but we can have no Credit to
pay them when taken out of the Province but by the Dividend of
what Money may be given by His Majesty's Recommendation, as we
have no Specie here, nor Goods that will answer to remit it abroad ;
our Correspondence by Post from the Northward is so uncertain, be-
ing often two or three months upon the Road, that it is a great Delay to
the public Service. You have my sincerest Wishes and Prayers that
God may give success to this year's Exertion of the British Force in
Defence of our Religion and Liberties and Civilizing and converting
of the unhappy natives of this Continent.
I am sir &c.
ARTHUR DOBBS.
COLONIAL RECORDS. 235
[From North Carolina Letter Book. S. P. G.]
From Gov r Dobbs to the Secretary
Brunswick April 15. 17(50
REV d Sir
Since I finished and sealed my former letter to you the vestry at
the Parish of Brunswick have met & sent me a Petition to forward
to the Society, recommending Mr. M c Dowell fixed in this Parish upon
account of his great charge & Expence which the Parish can't yet
Properly bear, and certifying his good Character and care of his
Parish in doing his duty & assisting the adjoining Parishes.
I therefore join with them in these applications as it is the Parish
I reside in, and propose it when the Church is finished which is now
roofing, to be his majesty's chapel in this government, to which he
has been pleased to give the Communion plate, Surplice & furniture
for the communion table and pulpit with a Bible and Common Prayer
Books to have the service performed with decency — I therefore hope
the venerable society will think it for the service of the established
church in this province, to put so deserving a Clergyman upon their
list of Missionaries, as this church will be the largest & most com-
plete in this province & may be an Exemplar for building other
Churches.
I have nothing to add but that I hear there are about 100 Catawba
Warriors, who have returned to their Town, out of 250 they had
when they dispersed upon ace' of the Small Pox. I beg the prayers
of the society for the increase of Religion &, virtue in this deluded
depraved colony & am with truth
Rev d Sir your most Obd' Humble Servant
ARTHUR DOBBS
[From North Carolina Letter Book. S. P. G.]
Mr. M e Dowell to the Secretary
Brunswick, April 17, 1760
Rev" Sir
Soon after I had the happiness of receiving the very agreable &
valuable present of Books from 'the venerable Society (which with
your letter came to hand on the 6 th of Jan 7 last) I had an oppor-
tunity of a vessel from this port, bound directly to London. Capt.
236 COLONIAL RECORDS.
Liscombe, by whom I wrote to you to acquaint you I had Rec d
the Books & to return my sincere thanks to the venerable society, A
Copy of which Letter Capt. Heron (by whom I have the pleasure of
sending this) brings with him.
Since which my vestry met at Brunswick on Easter Monday &
have wrote to the Society for a mission for me Seconded by his Ex-
cellency the Gov r all which you will receive I hope by Capt Heron
I mentioned in my last to the society that I was sorry they did
not think proper to grant me a mission here, wherefore I prayed
they would be pleased to send me to one of the vacant Parishes to
the Northward, who have applied to them for a Minister, as I under-
stand there are several who have applied — but if on his excellency's
& my vestry's recommendation they think tit to receive me & con-
tinue me here, I shall be well content, for my only reason for
praying them to send me to the northward was, because I could not
possibly any longer subsist myself & family on £100 this currency
allowed me by my vestry, for as every thing here is 3 or 4 times dearer
than in Europe, I do not Reckon my present allowance to be so good
as £30 at home, which however made a shift to subsist me, while
I [continued single & if I always could have made it do, I nere
should have troubled the Society to ask anything from them. For
they may readily be persuaded, that it was not any prospect of
worldly ease or grandeur' that induced me to come to America 'and
then that I continued so long in this part of it where it is impossible
to give them an adequate Idea of all the fatigues, hardships, sick-
ness, &c, I have gone thro' since I have been here, but as it was
God's will to allot me my station here at first, I thought I could not
in conscience desert it without endeavoring to bring it to some good.
In this young and rising Colon}' where so great a door and effectual
is opened to me, where the fields are white unto harvest, where the
harvest truly is great and the Labourers are few, where so large a
scope for the ministry lies open before me, in a Country inhabited
by many sorts of People, of various nations and different opinions,
customs and manners, when it was but to have remov'd into South
Carolina, or into Virginia, or some of the more healthy provinces to
the northward, in all of which there are many vacancies and every-
thing quite comfortable and easy to the ministers, they having for the
most part only 2 or 3 places to attend, and these not more than 10
or 12 miles from the Parsonage, and good churches or decent Chap-
els to officiate in — but here our Chapels, or rather people's houses
where we are obliged to attend are more than 30 some of them 40
COLONIAL RECORDS. 237
miles distant from the Centre of the Parish, and often we have to
ride 15 or 20 miles without seeing a house to flee to for shelter from a
thunder shower which are very severe and very frequent herein the
summer, and other inclemencies of the weather which often shifts,
from one extreme to another, and which is the reason people are so
unhealthy here. Think upon me, my God, for good according to
all I have done for this people, which prayer I humbly trust in God,
He will be pleased to hear and grant in His good time, and that I
may yet see religion and virtue in a flourishing condition among us,
then shall I see of the travail of my soul, and shall be satisfied.
It is with great pleasure I can acquaint the Society that my par-
ishioners of Brunswick have a fine large church, by far the largest
of any in this Province, in great forwardness — the Brick work is
done, and great part of the roof up, we hope to have the Church
covered and fit for the Performance of Divine Service this ensuing
summer, aixl a Parsonage house to be actually built and a glebe
purchased for me. The gentlemen (among whom Co 11 Dry, Collector
of Port of Brunswick and Cap* Quince, a merchant in Brunswick
deserve particular notice) are very zealous in the accomplishment of
These things. His Excellency Gov r Dobbs, will put up a Pew for
himself and Council, a Pulpit and Reading Desk, and will give a
Carpet for the Communion table and Plate and Linen for the Com-
munion Service, and Surplice for the Minister.
I have a very good Vestry. To convince the Society of their good
disposition towards religion and to me as their Minister, I relate this
instance. The General Assembly of the Province met for the dis-
patch of the Public business last winter, and after sitting seven
weeks, they broke up, or rather were dissolved by his Excellency,
without making any particular allowance for the Clergy ; only a
discretionary Power to the vestries to allow them what they thought
proper, and my vestry having been so kind as to allow me ten pounds
this currency more than used to be allowed by Law, for the vestry
Law was repealed at home last year among some others, but there is
just now a new Assembly chosen, who .are to meet the 22 d inst. at
Newburn for the transaction of Public Business — This day his Ex-
cellency is set out to meet them ; and I hope they will do something
for the encouragement of an orthodox Clergy and consequently of
religion and virtue in this young and rising Colony.
As for my own part I submit to the disposal of the venerable So-
ciety of me, if they will be pleased to receive me upon the List of their
Missionaries, but if not, I must look out for some part where I can
238 COLONIAL RECORDS.
live and maintain my young family. I shall be sorry to leave these
people, who have used me as Kindly, I am convinced, as it is in
their Power, but this present war is a great destruction to this poor
young Country. I beg the venerable Society will be pleased to favor
me with the intimation of their pleasure, which shall be punctually
obey'd by the Society's most obliged and
most devoted humble Servant
JOHN MACDOWELL.
(P. S.) I mentioned to Coll" Dry when he told me the vestry had
petitioned the Society for a mission for me, (for they did it unknown
to me) that I thought the vestry should have mentioned how much
they would allow me yearly, he said lie wished he had known that,
he would have desired the vestry while the} T were met, to have settled
it & mentioned it, but they were then broke up. I do not however
in the least doubt, but that they will continue, tho' the Law shou'd
make no provision for us to do as much as they have hitherto or at
least as much as they are able to do, & if the venerable Society will
be pleased to station me here while I possibly can continue, I will
never make any complaint. I wrote to the vestry of St. James' to
send a certificate of my having visited other parishes while I was
minister there & they sent the enclosed. I send it to the Society to
let them see I have never been negligent in the extraordinary ser-
vices they are pleased to mention in your letter to me, " that they
will consider me for."
I wrote also to the several vestries S' Johns Onslow S' Gabriels,
Duplin, S* Martins Bladen; where I have made manj r visits, & all
of them I know will send my credentials of my ministry among them,
but they have not had time yet to send them since their meeting at
Easter — waiting for them I have deferr'd sealing up my letter till
the day of Capt. Herons coming down to Sail. However I believe
I need not send any more nor will the ven bIe society I hope doubt
of my services in that or any other respect after what his excellency
Gov r Dobbs and the vestries of S' James' & S' Phillips' do certify ;
who have been eyewitnesses & have known all my conduct since
I have been in America & would every Minister that comes here do
as I have done, viz. to serve 7 years without troubling the Society
for a salary, especially in such a poor country as this the ven bIe So-
ciety would have it more in their power to reward those that are the
most deserving, this gives me the greater confidence to make them
this address now, in hopes they will not let me suffer, and I shall,-
as in duty bound, ever pray, that Almighty God may bless them
COLONIAL RECORDS. 239
and prosper the works of their hands upon them ! may he pros-
per their handy work, that his way may be known upon earth, his
saving health among all nations ; may God of his infinite mercy
grant a blessing unto these their pious undertakings till from the
rising up of the sun unto the going down of the same the name of
God may be great among the Gentiles & in every place incense may
be offered unto his name & a pure offering. Amen. Amen. These
are the daily & fervent prayers of,
Rev d Sir vour most obliged &c.
JOHN MACDOWELL
The certificate mentioned above.
We the Churchwardens and vestry of the Parish of S' James'
New Hanover county in North ( arolina do hereby certify that the
Rev d Mr. Jno. Macdowell was Minister of this Parish from Jan y
1754 to May 1757 during which time he behaved himself well and
performed divine service in Wilmington & the several chapels or
places throughout the Parish appointed by the vestry & made many
visits to other Parishes & in every respect performed his duty as
became a worthy Minister of the Gospel of Jesus Christ, given at a
meeting of our vestry at Wilmington the 10 th day of April 1760
JNO. SWANN
JNO. LYON
BISHOP
CHRIS r DUDLEY
JONATHAN EVANS
[From MSS. Records in Office of Secretary of State.]
Bahama Islands 1
New Providence — ss J
Before His Excellency William Shirley Esquire Captain General
and Governor in Chief of the Bahama Islands personally came and
appeared Samuel Crow, late Master of the Sloop Elizabeth and Ann,
belonging to Bath Town in North Carolina and Daniel Howard
Mariner also late belonging to the said Sloop, who being duly Sworn,
depose, testify and Declare, that they sailed from North Carolina in
the said Sloop on the tenth Day of March last, bound to the Island
of Turtola; That by Reason of Hard Gales of Wind and Strong
West Currents they made the East End of the Island of Hispaniola
on the Twenty third Dav of said March ; That on the Day follow-
240 COLONIAL RECORDS.
ing they were Chas'd by a Schooner, which Obliged them to Run
Considerably to the westward ; that they however got clear of her,
and hauled their wind to the Eastward ; But that after plying for
two Days, and finding they got further to the westward, and being
Scant of Fresh water they were obliged on the twenty fifth Day of
the same Month, to bear away for Jamaica. That on the twenty
seventh Day of said March they were Chas'd by a Small Schooner,
which soon came up with them and proved to be a French Privateer,
who took them & Carried them into Cape Francies, where the said
Sloop was Condemned, together with her Cargoe, as lawfull prize.
SAMUEL CROW
his
DANIEL + HOWARD
mark
Sworn this thirtieth Day of
April 1760 before me
W. Shirley
[From North Carolina Letter Book. S. P. G.]
From Mr. Earl to the Secretary
North Carolina Edenton 5 May 1700
Rev 4 Sir,
Since my letter to you of April 25. I have received the Box sent
me by the Society, containing my instructions and the Books &c to
be distributed among the Parishioners which shall be faithfully
done ; and am steadfastly resolved with the assistance of Gods grace
to ev'ry article of my instructions.
In my former letter to you I could not send an exact account of the
number of persons I baptized & of the number of communicants,
as I did not keep any account of them, having no certainty of my
being taken into the laudible service of the Society : but compute
the number of persons I baptized within these 12 months in this &
the neighbouring parishes, not to be less than 300, and that the
number of communicants amounts to 100. I have since my former
letter to you, administered the sacrament in this Town, & have the
pleasure to acquaint you that the number of communicants has
increased, Since the time I administered it here before from 6 to 20
persons & hope they will proportionally increase in all other parts
of the Parish ; as I take great pains to inculcate that important duty
COLONIAL RECORDS. 241
upon my parishioners, against which they seem to he greatly preju-
diced. I shall beg leave to mention to you, the want of schools in
this province, and as the depressed and mean circumstances of the
inhabitants render them incapable of educating their children, & as
the good education of the youth of the country would be a great
means of impressing upon their minds the principles of Religion
& virtue which the Rev d & Hon ble Society earnestly endeavour to
promote in these his Majesty s colonys: I hope therefore that this poor
& illiterate Province will feel the effect of their benign & pious insti-
tution in this, as it has, in many other instances ; as I believe there
is no other part of this continent, that calls louder for it than this
government. If the society would be pleased to grant any assist-
ance for this purpose, I should with the greatest alacrity, exert myself
to establish a School in this Parish and should always (as far as my
Parochial duties would permit me) superintend the same & inspect
into the conduct of the teacher — I am Rev d Sir &c
DAN 1 EARL
[From North Carolina Letter Book. S. P. G.]
The Vestry of St. Pauls Parish to the Secretary.
No. Carolina Chowan County 5 May 1760.
Rev" Sir.
We the Churchwardens & vestry of St. Pauls Parish, beg leave by
you sir, to present to the Rev d & hon ble Society our most sincere and
hearty thanks for their care and zeal for the care of this Parish in
appointing the Rev d Mr. Daniel Earle Missionary for the same, who
has during the time of his residence among us, both by his useful
doctrine and exemplary life gained the universal esteem & applause
of his Parishioners. We are Rev d Sir,
Your much obliged & most
Obedient Humble servants,
WILLIAM WALTON, JUN r
JETHRO MINTON DEMSEY SUMNER
LUKE SUMNER JOSIAH GRANBERY
WILLIS RIDDICK
PETER PARKER
. TIM y WALTON
JOHN GORDON
JACOB HUNTER
RICH 1
ELISHA HUNTOR.
Vol. VI— 16
242 COLONIAL RECORDS.
[From MSS. Records in Office of Secretary of State.]
By the Hon ble William Byrd Esq. Col of the Virginia Regiment
and Commander In Chief of the Virginia Forces.
You are (with Sergeant Nash) to proceed with all convenient Expe-
dition to Fort Cumberland, on your arrival there you are to Pay the
Detachment of my Regiment in that Garrison two Months Pay for
which you will take Receits.
You are to be extremely diligent in getting the Men taught the new
Exercise, and have them out at Drill at least twice every Day, you
are not to suffer any of them to work or do any other Duty be-
sides that of the Garrison and learning their Exercise without
my Orders.
Giveir under my Hand at Winchester this 8 th Day of May 1760
W BYRD
To Lieu' Jethro Sumner
of the Virg a Regiment
I shall send you all necessarys for the Men very Soon
[From North Carolina Letter Book. S. P. G.]
From Mr. Stewart to the Secretary.
Bath, No. Carolina, May 20. 1760.
REV d Sir,
Within the space of these 6 years, that I have liv'd in this prov-
ince, we have had no less than 4 different acts of assembly, for the
electing of vestries & encouraging an orthodox clergy as they are
called, the last vestry act we had met with the same fate as most
of the other laws of this province, having been repealed in England
for reasons (given ag st it by the Bishop of London) which I suppose
are well known to many of the members of the Society. In order
therefore to prevent the law passed last session from being repealed,
the assembly has not as formerly made one law for the electing of
vestries & the encouragement of the clergy, but divided it into 2
acts that in case the Bishop of London should object (as it is doubt-
ful he will) to that which relates to the clergy, the other which is
for choosing select vestries may stand unrepealed, the law for the
encouragement of the clergy allows them £100 proc: money per ann.
salary, £20 where there is no glebe, & where there is a glebe of 200
COLONIAL RECORDS. 243
acres, a house of 38 by 18 and some other small houses as offices:
but I dont know as yet of any one glebe in the province except
mine near Bath & that no way improved or built on conformable
to the present act of assembly, this law likewise does not intermed-
dle with the Bishop of London's jurisdiction, as to offending clergy-
men but in ev'ry thing else is the same as the former. . . The num-
ber of our inhabitants is much as usual but rather increased to
about 2200. infant Baptisms the last half year 121 white & 26 Black ;
adults Baptized 2 white & 9 Blacks actual communicants 139 Dis-
senters upwards of 300 & the remainder profess themselves of the
church of England. The inclosed comes from my predecessor's
widow she is really an object of charity but whether the society's
bounty extends to such cases, thej' are the best judges of. I have
nothing more at present to add but to beg that the Society will
excuse my drawing cpuarterly for my salary as I am under an abso-
lute necessity, frequently so to do on account of the slow payments
that are made here of our provincial salaries & as I likewise have 2
sons now in Ireland at school remittances for whose education, I
cannot otherwise conveniently make.
I am Rev d Sir &c their dutiful sincere serv'
ALEX r STEWART
Miss y at Bath town.
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 11, 22 & 23.]
Letter from Governor Dobbs to the Board of Trade
New Bern, 28 th May 1760
My Lords
Having called the Assembly to meet here upon his Majesty's Orders
communicated by Mr. Sec/ Pitt's letter, to pass an Aid Bill with the
utmost dispatch upon this important Crisis and also to pass and
amend the repealed Bills, they met in pursuance of the Proclamation
on the 22 nd of April but no sufficient number of the Council being
met to constitute a Quorum, there being only seven in the Province,
the late President Rowan dying the day he proposed to set out, so
that after waiting two days I was obliged to swear in Mr. Maurice
Moore a Gentleman of good Fortune and Abilitys into the Council
in order to dispatch business, but after a tedious delay with many
alterations, addresses and messages, for above thirty days without
passing an Aid Bill, I was under a necessity of Proroguing the As-
244 COLONIAL RECORDS.
sembly for a day, to reconsider the Bill for Superior Courts which I
had rejected and which they endeavoured to force me to pass before
they would grant an aid Bill, as being contrary to his Majesty's In-
structions and a violent infringment of his Prerogative.
As I cant yet after so long and extraordinary Session lay the whole
proceedings before your Lordships, I must beg leave to give you a
Narrative of the proceedings and schemes laid here by Mr. Child
Attorney General alth it may seem tedious to you, and shall send
you as soon as possible proper papers to justify my proceedings in
support of his Majesty's Instructions and just prerogative; and with
this shall send what papers, addresses, messages and answers can be
ready to send by this conveyance.
Some time after Mr. Child the Attorney General came to this
Province he sent me a Message by Mr. Hasell the late Chief Justice
that as I had wrote to Lord Granville that Mr. Corbin would have
been suspended from the Council for his behaviour and prevarica-
tions in the Council, but out of defference to his Lordship, as he was
his Agent, I did not do it, he therefore desired him to inform me
that my Lord having discharged him from his service I might now
suspend him; and when he left him, he again desired him to get
me to suspend him, and accordingly upon his non-attendance in the
Assembly for two Sessions he was suspended by the unanimous
advice of the Council, upon Ace* of non attendance th° summoned
and his frequent prevarications in Council upon which I swore in
Chief Justice Berry of the Council of which I informed your Lord-
ships.
Child's Intention in having him suspended was to get him to join
him to stand with others of his Junto as candidates from Chowan
County. And accordingly upon the Dissolution he by his publick
Declamations, and by his Emissarys, as Agent for Lord Granville
said that the Province would be undone if any person who was a
friend to the Governor or had joined him in raising Taxes upon the
people or supported his Administration should be elected for there
was a scheme laid to deprive the Assembly of their Rights and
Privileges by the Governor and Council, and nothing could save
them but choosing Lawyers to support their Rights and great prom-
ises were made by the Attorney [General] and his Junto-, when he
had gained his end and procured my*being recalled ; with that view
he shewed my letters wrote to him in Friendship to his Junto and
others he could influence and his artfull answer and declarations
against me and extracts of my letters to your Lordships Board having
COLONIAL RECORDS. 245
brought over Copies which he had got from one of the Clerks,
wherein I complained of the proceedings of the Junto and the Treas-
urers behaviour by being appointed for Life in order to raise a flame
and their resentment against me.
When the Assembly met the first step he took was to secure the
late Speaker Mr. Swann who had not then thoroughly embarked
with him, that he might gain all the Lawyers who spoke in the
House of his side, promising that he should be one of the assistant
Judges and upon gaining him joined in making him again Speaker
without opposition. Child the Attorney, at the time I went to see
him exclaimed against his Majesty's right in making out Charters for
Counties that his Majesty was imposed upon and the Instruction I
had was illegal for that each district had a right to send members
without the King's Writ and without Charters. And as a Precedent
the first thing the Assembly did as founded upon the Law that each
Town which should have sixty Families should have a Right to
send one Member to the Assembly, upon this Law the Town of
Halifax lately erected had an Election at Halifax and without any
Writt returned a Member to the Assembly and upon the Sheriffs re-
turn that there were sixty Families in Halifax the Assembly ad-
mitted the Person elected without the Kings Writ; and had him
sworn in the House ; this was done to secure the person elected who
is an eminent Lawyer and hoped thus to engage him, but he know-
ing it was illegal applyed to me for a Charter which I granted and
issued a Writt upon it and he was then duly elected, this I chose to
do rather than make any difference upon the Assembly's attack of
his Majesty's Prerogative at this important Crisis ; they next chose
Committees of Elections and Grievances those Committees were
chosen by the Juntos Influence and confined to a small number of
the Junto and their friends to which a few more were added to save
appearance and when the Committee of Grievances met, no clays
afterwards were appointed, and none were ever summoned to join the
Committee ; and whatever was done in the Committee of Grievances
by the Junto was kept secret ; and nobody heard before it so that
none were admitted in their own Defense, setting up an inquisition,
so that persons were admitted to throw Dirt upon those who were
obnoxious to the Junto or Triumvirate without any things transpir-
ing to give the accused an opportunity to defend themselves, and one
person was drawn in to sign a Petition againt Mr. Hasell late Chief
Justice founded upon Facts which were false which he could not
support and upon hearing the same read he dashed out his name
246 COLONIAL RECORDS.
and withdrew the Petition. They next to show their power expelled
a Member who had been expelled in a former Assembly and who
was now elected for a different County under pretence that he had
sworn rashly in a former Committee (th° this was a new Assembly)
the Chairman of which th° no Magistrate having illegallj" taken
upon him to administer an oath ; But the true reason was his hav-
ing brought in a Bill to lessen the Lawyer's exorbitant Fees some of
whom were so avaritious as to take a Fee of ten pounds where only
thirty shillings was due by Law.
They then framed a Superior Court Bill, and carried appointments
for three Associate Judges at £400 p aim: each, in this they in a
great measure deprived the Crown of the Nomination by confining
it to Attorneys of seven years Practice in this or the adjoining Colo-
nies, who had been one year resident in this Province, excluding all
others who were not outer Barristers of five years standing in Eng-
land whom they presumed would not come over, so that all his Maj-
esty's subjects of Great Britain or Ireland th° never so well qualified
could not be nominated by his Majesty to be assistant Judges and
this was to be continued to them Quam diu se bene Gesserint th°
the present Chief Justice Berry was not a Barrister and holds his
place onty during pleasure ; This Child did with a view to get me
to break my Instructions and also to lessen his Majesty's Preroga-
tive; and to oblige me to choose three of his Junto viz' Sam:
Swann the Speaker who had taken up the practice of the Law as an
Attorney of himself; by getting a Licence to plead, Tho s Barker who
from a Hackney Clerk got a licence to be an Attorney and has now
by his management of himself made a Treasurer for Life and is now
made by Child Receiver to Lord Granville and Rob' Jones who was
bred a Weaver and procured a Licence to plead as an Attorney and
these three men I was to be limited to not having above three men
of learning and abilities to nominate besides them who have been
resident and of that standing here, and this was to be forced upon
me by postponing the Aid Bill for above a month and strong ad-
dresses made to riie to pass the Superior and County Court Bills
previous to their proceeding upon the Money Bill which was brought
in under great Restrictions without raising a Tax to Sink the Bills
of Credit which were to be issued ; calculated to give Money to those
who were to Sign the Notes and to the Treasurers, and this crude
Bill they would not even read a second time but by the Attorney
General's management a motion was made and seconded by him
that they would proceed to no business until I should pass these
COLONIAL RECORDS. 247
Bills and Child in his speech cast reflections upon such Members of
the Council as supported the Prerogative of the Crown and my
Instructions calling them Pimps and Hangers on the Governor but
praising the other Councillors who passed the Bill with those excep-
tionable Clauses ; I then in Council demanded the Chief Justice and
Attorney Generals Opinion and advice whether I should disobey my
Instructions and pass the Bill and thus give up the Prerogative of
the Crown and laid three Articles of my Instructions before them
and they signed their opinion and advice that I should alledging
that I had private Instructions to disobey them upon Emergencys
and they and the Assembly set forth that the whole province was
filled with Riotts, Conspiracies and even Rebellion by setting Open
Prisons, and all for want of this Law th° not one Instance could be
given since the repeal of the Laws but breaking open one prison
occasioned by a Riot upon Corbins maladministration as Lord Gran-
ville's Agent, and th° Rob' Jones then Attorney General lived near
the place yet he neither had Examinations taken nor did he pros-
ecute them for the Riot nor did any regular complaint come before
me in Council but flying Reports and Child obliged Corbin not to
prosecute the people, saying that it was by his fault that the Spirit
was raised against him. —
Upon my not complying with the Chief Justice and Attorney
General's advice, to break thr° my Instructions I was obliged to
reply to the Assemblys repeated messages as herewith inclosed that
I could not pass the Superior Court without expunging those excep-
tionable Clauses or by making it temporary for two years until his
Majesty's pleasure was further known and then proposed to pass
what other Bills were ready and close the Session by proroguing the
Assembly for one day that they might in a new Session reconsider
the Bill and if they expunged the Clauses or made it Temporary as
a suspending Clause could not answer the purpose I would then
pass the Bill and laid the blame fully upon Mr. Child the Attorney
for having misled the Assembly this reply they took two days to
consider of not in the House but by the Junto and to prepare an'
answer and to fix upon resolutions and prepare an Address to be
laid before his Majesty against my administration and having de-
layed meeting until twelve o'clock the third day upon their meeting
I sent a message to require their attendance to pass the Bills when
they saw the Messenger comming they immediately resolved them-
selves into a Committee of the whole House and put Mr. Dewey an
Eminent Lawyer in the Chair who was not of their Cabal and who
248 COLONIAL RECORDS.
was the only person who could speak and oppose their resolutions,
and then was told the House was in a Committee and that he could
not be admitted and they ordered the doors to be locked and put
all the Members under a Tye of secrecy not to divulge what was
done in the House under the Penalty of being expelled and never
to have a seat in that House, during this time Mr. Child was not
in the House so as not to appear to be concerned in these Resolu-
tions th° he was privy to all and probably the Contriver of most of
them out of the House; and then came into several Resolutions
against me and the Secretary which are yet kept secret (th° the
Session is over and I have demanded a sight of their Journals) as
is their Address to his Majesty which is to be sent over to Attorney
Bacon Lord Granville's Agent or Remitter of his Rents with letters
to Lord Granville and Hallifax' and Mr. Pitt Child informing his
Triumvirate that Lord Granville will have it laid before the King
and that his Majesty in a heat may order me to be dismissed or
recalled without a hearing.
After five hours sitting they sent me a Message that they were
ready to receive my Message, they then attended and I passed such
Bills as I could properly pass and told them I would prorogue them
that night Frida} r until munday to give them time to reconsider the
Bills upon which they returned to their House and sent for Mr.
Child and returned him thanks for his supporting these Bills against
his Majestys Instructions, I then on Munday morning before the
meeting of the Assembly applyed to the Speaker for a Copy or Peru-
sal of the Resolutions and Address of the Assembly but was refused
them th° the Sessions was over under pretence they were not fairly
copied and could not do it without leave of the House, this was
with a view that I should not have the power of replying to them
or answering them in England that they might have their letters
sent over before I can know the contents of them as they are sup-
ported by no enquiry or proper proof, and which if produced to me
I could answer each and give full proof now of their falsity or ill
grounded insinuations and which may hereafter take time to collect
when the Proofs are to be made out by persons scattered thr° the
Province.
Upon their meeting on Munday the 26 th they very gladly (to have
the Bill passed) came in to have the Temporary Clause for two years
inserted and it was three times read and passed the Two Houses in
a few hours ; which had been litigated before for a month and they
then when too late, brought in the aid Bill crude and undigested,
COLONIAL RECORDS. 249
and it was read twice in the two Houses but could not be of any use
to his Majesty or the Province and was only calculated to oblige me
to issue Twelve thousand pounds in Notes without any Tax to sink
the Notes and without any Troops to be employed by his Majesty to
assist his Measures except on the Continent but only to defend the
Province and act against the Cherokees £8000 of which was to go to
pay and raise the Troops for that service with only Twenty shillings
Bounty money and I was only to give Warrants to raise Men and who-
ever was to raise the most in forty years [days] I was then to commis-
sion and give Rank to accordingly so that no Commissions were to
be given til the middle of July before which time the Cherokee's War
will be over, nor are we provided with Arms for the 370 Men Granted
and if the War was over I was then to disband them, and the money
raised was to go to future Contingencies not to be disposed of but by
the General Assembly so that probably they would get the disposal
of near £10,000 without any Tax upon the Publick to the future
discredit of our Currency and this with a View to put money into
the Pockets of the Treasurers and Issuers of the Notes Samuel
Swann, Thomas Barker and John Stark ey I was to break thr° my
Instructions by issuing Notes because I had informed them if they
raised Troops in pursuance of Mr. Secretary Pitt's Letter to assist in
the Grand operations designed upon this important Crisis: I would
venture to answer so great an end to break so far through my In-
structions as to issue Notes: And further to answer their other pur-
poses and lavish away the money they added a foreign Clause to-
this Aid Bill to give a great reward (Five Hundred Pounds sterling)
to a Gentleman of the Law Robert Jones who had been most active
in lessening his Majesty's Prerogative to be employed in England
over and above an Agent appointed by a separate Bill to oblige the
Council to agree to their nomination or put them under the diffi-
culty of rejecting the Bill in case it had been of any service which
is the Method they have taken to support those who oppose the
Administration The Council some of whom are Timerous of dis-
oblidging the Assembly passed the Bill th° they threw out the
Agent's Bill upon account of the Assembly's having appointed an
improper person Anthony Bacon who had been recommend[ed] to
Lord Granville by Mr. Child to be his Agent in England and who
was to have a very beneficial Bargain of £170 this currency for £90
ster 1 which is above 50 p cent higher than the Parr of 133J and in
this great gain against his Lordship I suppose Mr. Child was to
250 COLONIAL RECORDS.
divide stakes and thus had continued it in the Bill that the Notes
paid of by the specie should be at £133 J and they were to buy up
the paper money at the discount of near 90 p cent so that the Remit-
ters and Treasurers would gain above 50 p cent from the publick
besides their Fees charge of Insurance Commissions &c : The labour-
ing Oar therefore was laid upon me by the Council of rejecting the
Bill for the reasons mentioned in my Speech to them and herewith
sent to your Lordships and in order to force me to pass the Bill in
this indigested form which shall be sent by the first opportunity
They refused to continue the Militia Bill until next Sessions th° a
motion was made to shew the necessity of it useing all their arts and
Influence in the Assembly to gain their ends.
This is the treatment Governors are to have if they adhere to his
Majesty's Instructions and support his Prerogative and there must
be an end of their Dependency on Britain if Governors are not sup-
ported when they do their Duty, as to their secret resolutions, peti-
tion and letters which th° the Session is over is denyed to be shewn
to me under pretence that they are not in form and must be put in
another dress by the Junto than they were in when they passed the
House ; I value them not when produced as upon a fair hearing
which I am sure of having notwithstanding all their schemes to pre-
vent it, by Mr. Child's vain opinion that Lord Granville will support
him in his measures against his Majesty's Prerogative and Instruc-
tions, under the false dress he will put them in I shall fully answer
to your Lordships satisfaction but when his scene [scheme] of iniquity
is laid open he will appear in a different light to his Lordship the mo-
ment before I sent to them to attend^ with their Bills and put an end
to this second Session upon rejecting the Agents Bill by the Council
they resolved by their own Right that Anthony Bacon should be
appointed their Agent and that £200 f aim : should be granted to
him during his Agency so that by their plan the Governor and
Council are to be useless and no part of their Constitution. Therefore
hope your Lordships will consider the consequence if his Majesty
should comply with their request and continue the Bill with the
foregoing clauses contrary to my Instructions and limiting his Maj-
esty's Right of appointing the assistant Judges, that it will encour-
age the Assembly to force the Governor and Council to encroach
further on his Majesty's Prerogative and as to the attachment of
some of the Council to concur in everything with the Assembly your
Lordships will find it necessary to fill up the present vacancies in the
Council in case the present suspension is confirmed by his Majesty
COLONIAL RECORDS. 251
and therefore to strengthen my hands must again beg leave to recom-
mend Mr. Alexander McCulloch and Mr. John Sampson to fill up
these vacancies and in case I find these Councellors who yield in
everything to the Assembly to continue to act against the Preroga-
tive of the Crown that you would approve of my suspending them,
for as the former suspension is not yet confirmed it will be highly
improper in me to suspend any more and name others in their place
without your Lordships approbation.
I shall send over the Acts Journals &c : as soon as the Clerks can
copy them and I can get a conveyance and as I shall always to the
utmost of my power preserve his Majesty's Prorogative and obey his
Instructions and shall fully answer all objections and false insinua-
tions made against my administration to his Majesty's satisfaction
when they come to my knowledge as well also the Secretary my
Nephew whom they also strike at to wound me because he steadily
adheres in supporting his Majesty's prorogative I dont doubt but
your Lordships will recommend it to his Majesty to strengthen my
hands and prevent the rising spirit of Independancy stealing into
this Colony.
I am with great regard &c
ARTHUR DOBBS.
Quaeres with the Chief Justice's Answer.
Queres on the following abstracts of his Majesty's Instructions and
Clauses in two Several Bills for establishing Courts in the Province of
North Carolina Proposed by his Excellency the Governor for the
consideration of the Hon blc Cha B Berry Esq" his Majesty's Chief
Justice.
Abstract of his Majesty's Instructions.
You shall not appoint any person to be a Judge or Justice of the
Peace without the advice and Consent of at least three of our Coun-
cil signified in Council nor shall you execute yourself or by Deputy
any of the said offices and it is our further will and pleasure that in
all Commissions to be granted by you to any person or persons to be
Judges, Justices of the Peace or other necessary Officers be granted
during pleasure only —
We do hereby Will and require you not to pass or give your assent
hereafter to any Bill or Bills in the Assembly of our said Province of
unusual or extraordinary nature and importance wherein our Pre-
252 COLONIAL RECORDS.
rogative or the Property of our Subjects may be prejudiced until you
have first transmitted unto our Commissioners of Trade and Planta-
tions in order to be laid before us the Draught of such Bill or Bills
and shall have received our Royal Pleasure thereupon unless you
take care in passing any such Bill or Bills that there be a Clause
inserted suspending and deferring the Execution thereof until our
Pleasure be known concerning the same.
It is our further Will and Pleasure that you do not for the future
upon any Pretence whatsoever give your assent to any Law or Laws
to be passed in our said Province inconsistant with these our Instruc-
tions to you or prejudicial to that Right or Authority which you
derive from us in Virtue of our Commission and Instructions.
A Bill having passed both Houses of Assembly for establishing
Superior Courts of Justice &c : in which there is a Clause directing that
the Justices to be appointed by the said Act should hold their Com-
missions " Quam diu bene Gesserint" And also another Clause con-
fining his Majesty in the Appointment of the Associate Justices
Quere. As the above Clauses are repugnant to my Instructions ought
I consistant with my Duty to pass this Bill and do you give it as
your Opinion and advice that I ought to lessen his Majesty's Pre-
rogative by passing this Bill.
I have considered the sev 1 above Clauses extracted from his Maj-
esty's Instructions to your Excellency as likewise the Bill for estab-
lishing Superior Courts of Justice in this Province which having
provided competent Salarys for the Associate Justices so as to make
it worth while for persons of skill and learning in the Law to accept
those Offices whereby notwithstanding the Extensiveness of the Cir-
cuit the Suits and Causes depending in the Superior Courts may now
without delay to the Suitors receive proper determinations I conceive
the Chief Reason for repealing the Superior Court Act passed in 1754
is thereby obviated and am of opinion that there cannot be a Bill
better framed or more adapted to the peculiar circumstances of this
Province than the present bill —
With regard to your Excellencys Query wherein you desire my
opinion whether you should give your assent to the said Bill on
account of two clauses in the Bill objected to by your Excellency
and here stated, my opinion with respect to that is as follows.
Considering the present circumstances and Situation of Affairs in
this Province and the indispensable necessity there is of an imme-
diate Establishment of proper and convenient Courts of Justice
upon which so greatly depends at this time as well the Interior
COLONIAL RECORDS. 253
peace and wellfare as the support Of the Trade and Credit of this
Province which has greatly suffered from a cessation of the Admin-
istration of Justice for eight months past owing to there not having
been during that time convenient and necessary Courts established
I would advise your Excellency to give your assent to the said Bill
notwithstanding the said two Clauses and the rather as I do not
think his Majesty's Royal Prerogative can be in any danger of being
lessened or diminished by your Excellency's giving your assent to
the Bill which is not conclusive on the Crown and can only exist
during his Majesty's Royal Will and Pleasure
CHA S BERRY, Chief Justice
22 d May 1760.
A Bill having passed both Houses for establishing Inferior Courts
of Pleas and Quarter Sessions In which they have given the said
Courts a Jurisdiction of fifty pounds. Quere. As the late Law was
repealed by his Majesty in Council principally on Account that the
Jurisdiction was too extensive when at forty pounds ought I to pass
the present Bill as it now stands and do you give it as your Opinion
and advice that I ought to pass it.
With regard to the above Query I beg leave to observe to your
Excellency that there were other reasons for the repeal of the late
County Court more cogent in my opinion than that stated in the
above Query as will appear in the report from the Lords of Trade
to his Majesty.
There is another circumstance which I would also beg leave to
observe to your Excellency and that is that at the time I had under
my consideration in England the late County Court Act I was a
stranger to the nature of the Jurisdictions of the County Courts in
general in America particularly those in Virginia a neighbouring
Colony which I find have a much higher Jurisdiction than that
given by the present Bill to the Inferior Courts here and therefore'
notwithstanding the Jurisdiction of the Inferior Courts here is some-
what increased to [by] the present Bill yet considering that Writs of
Error and appeals do lay from the Inferior to the Superior Courts
in all cases of Consequence where any person may conceive himself
aggrieved by the Judgment of an Inferior Court I am of opinion
your Excellency may give your assent to the said Bill as no very
mischevious consermence can arise to his Majesty's Subjects from
the Judm ts of those Courts while there are Superior Courts to con-
troul and correct their Errors without which such extensive Juris-
254 COLONIAL RECORDS.
dictions might be of very mischeivous and dangerous consequence
to the subject as thereby the Judgments and decisions of such Infe-
rior Courts would in such case be final and absolute
CHA 8 BERRY Chief Justice
22. May. 1760.
Quaere's on the following abstracts of his Majesty's Instructions
and Clauses in two several Bills for Establishing Courts in the Prov-
ince of North Carolina Proposed by his Excellency the Governor
for the consideration of Thomas Child Esq re his Majesty's Attorney
General.
Abstract of his Majesty's Instructions.
You shall not appoint any person to be a Judge or Justice of the
Peace without the advice and consent of at least three of our Coun-
cil signified in Council nor shall you execute yourself or by Deputy
any of the said Offices and it is our further Will and Pleasure that
in all Commissions to be granted to you by any person or persons to
be Judges Justices of the Peace or other necessary Officers be granted
during pleasure only.
We do hereby will and require you not to pass or give your assent
hereafter to any Bill or Bills in the Assembly of our said Province
of unusual and extraordinary Nature and importance wherein our
Prerogative or the Property of our Subjects may be prejudiced until
you have first transmitted unto our Commissioners of Trade and
Plantations in order to be laid before us the Draughts of such Bill or
Bills and shall have received our Royal pleasure thereupon unless
you take care in the passing any Bill or Bills that there be a Clause
inserted suspending and deferring the Execution thereof until our
Pleasure be known concerning the same.
It is our further Will and pleasure that you do not for the future
upon any pretence whatsoever give your assent to any Law or Laws
to be passed in our said Province inconsistant with our said Instruc-
tions to you or prejudicial to that Right or Authority which you
derive from us in Vertue of our Commission and Instructions.
A Bill having passed both Houses of Assembly for establishing
Superior Courts of Justice "&c : in which there is a Clause directing
that the Justices to be appointed by the said Act should hold their
Commissions " Quam diu se bene Gesserint" And also another Clause
COLONIAL RECORDS. 255
confirming his Majesty in the appointment of the Associate and
Justices.
Qurere as the above Clauses are repugnant to my Instructions
Ought I consistent with my Duty to pass this Bill and do you give
it as your opinion and advice that I ought to lessen his Majesty's
Prerogative by passing this Bill.
With respect to the first Clause in this state of a case upon the
Bill which has passed both Houses of Assembly for establishing
Superior Courts of Judicature namely " that the Justices pursuantly
to be appointed should hold their Commissions — quam diu se bene
Gesserint;" I am of opinion that the present desperate situation
of affairs in this Province requires your Excellence's assent to be
given thereto notwithstanding the Terms of that Clause which seem
to be exceptionable On viewing the Surface only of your Instruc-
tions; And the rather as there are not wanting precedents of this
nature in his Majesty's other Provinces, occasioned no doubt by the
Spirit of particular times which had discerned the same reasons for
having the Justices Commissions in America to depend upon good
behaviour as had occasioned those of the Judges to be so framed at
home. Moreover I am confident that no Gentleman who comes
within the Qualifications provided by that Bill would quit an estab-
lished practice at the Bar for an Office to be held on so precarious a
Tenure as the pleasure of a Governor: And so a good Court Act
could never be properly executed.
And as to the 2 nd Clause which confines Governors to the appoint-
ment of fit persons to be such Justices, I am clearly of Opinion that
this no more than the other Clause forms an indispensable objection
to the giving your Excellency's assent as aforesaid On the Contrary
late experience of many successive appointments of persons to those
Offices who were devoid of every legal Qualification at the least
necessitates the insertion of some such cautionary clause; in order
that the Rights of the Crown and the dignity of judicial offices may
be maintained, and the Rights of the people better secured for the
future. To which Clause likewise were it an argument of any de-
cisive AVeight a parallel Instance may be produced.
But with relation to the extraordinary Query subjoined to the
above mentioned state, that is to say " whether I would advise your
Excellency to lessen his Majesty's Prerogative " &c : My answer is
that happily for the Constitution of Great Britain It is not in the
Power of Governors by any Act whatsoever to diminish the just
Rights and Powers of the Crown which are inherent and inseperable
256 COLONIAL RECORDS.
and upon the preservation of which depends the very Constitution
itself. They may indeed disgrace the Delegation of a particular
Trust to them by an abuse or unworthy Execution of it but no Act of
theirs no not such as is even done within the express Terms of their
Commissions can ultimately bind the Crown in case his Majesty
should afterwards think fit to give his royal disallowance thereof.
T: C: A: G:
A Bill having passed both Houses for establishing Inferior Courts
of Pleas and Quarter Sessions in which they have given the said
Courts a Jurisdiction of Fifty Pounds. Qiuere As the late Law was
repealed by his Majesty in Council principally on account that the
Jurisdiction was too extensive when at forty pounds. Ought I to pass
the present Bill as it now stands and do you give it as your opinion
and advice that I ought to pass it —
As to this Query relating to the Inferior Court Bill it is necessar} r
for me previously to observe that I have already given your Excel-
lency my Opinion on that head, founded upon the precedent of an
Act passed in the neighbouring Colony of Virginia which has actu-
ally as I have since heard been confirmed by his Majesty in Council
the subsistance of this Precedent expressly answers one of the Chief
Objections made to the late County Court Act and the Competency
of many Gentlemen now resident in the several Counties to consti-
tute those Inferior Benches (were such only to be sought for and
commissioned) would remove that other which perhaps was thought
the most material objection of all.
Upon the whole, considering the unhappy circumstances of the
Province which has already been for near 8 months deprived of any
Courts of Judicature and must without your Excellency's assent to
this Bill continue in its present state of Anarchy interior Tumult
and dangerous Insurrection and considering also that such a de-
viation from the letters of your Instructions can only tend to bring
the Constitution of this Province to a nearer degree of Affinity
with its mother Country and to dispence to his Majesty's Loyal Sub-
jects here those Rights and Privileges which they claim by Birth-
right as the unalienable Inheritance of their Ancestors ; It is my
advice and recommendation to your Excellency that you would give
your immediate assent to these two Bills Remembering that the Act
of restoring Life and Energy to Government and to the subject Pro-
tection of his Liberty and Property is a primary Civil Duty ; which
at all times and in all circumstances is obligatory and indispensable.
Newbern 20 th May 1760. THO: CHILD. A. G.
COLONIAL RECORDS. 257
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Letter from Governor Dobbs.
New Bern, 29 th May 1760
Sir, [Secretary Pitt]
It is with the Greatest Concern that I must Inform you that after
A long session of a Month and a subsequent short session of Two
days to Give the Assembly an Opportunity of Reconsidering a Bill
I was Oblidged to Reject as being Contrary to his Majesty's Preroga-
tive and Instructions to Me, I have been oblidged to Prerogue them
without passing an Aid Bill: Which had been Brought on the first
Session of Assembly and only once Read and laid by for a Month
and used all the Arts they cou'd at the Instigation of Mr. Child his
Majesty's Attorney who came over here to set this Colony in a flame
By procuring by his Advice the Repeal of some Bills in England
before he came over which put a Stop to Justice until They were
reenacted and had here in Reenacting them Inserted Clauses Against
his Majesty's Just right of Nomination to places, & Contrairy To my
Instructions and this they Endeavoured to force me to Pass, before
They wou'd pass any Aid, which after he by his Management, had
Got Pass'd, Both Houses, I after Passing Other Acts was Oblidged
to Reject The Bill and prerogue the Assembly for a day, to give them
an Opportunity To Offer the Aid Bill. When they found me Re-
solved to Adhere to my Instructions, they consented to make it Tem-
porary For Two Years, Until I shou'd know his Majesty's Pleasure,
and in one day read & Passed that Bill, AVhich they had litigated
for a Month ; and Bro't in And read three times and Pass'd an Aid
Bill in Two days so Crude and Undigested and so long Before the
Men Cou'd be raised, Arm'd & Disciplined wou'd be of no Service
to his Majesty in any Foreign Operations nor Even in the cherokee
War, His Majesty was only to have an Aid of 320 added to 30 before
in Pay these few Disciplined Men were to be made up Fifty, and
Another Company of Fifty was to be Raised and these were Oblidged
to Serve on the Frontier and not farther Act Against the Cherokees
three Companys more of one hundred Each were To be raised in
Order to join and Assist the Virginians if any were sent against the
Cherokees. They were only to have Twenty Shillings Bounty
Money when Before we Cou'd not raise 200 in Two months ten
pounds Bounty was Given; These when raised I cou'd not give
Commissions to for Forty days But Warrants to Militia Officers and
Vol. VI— 17
258 COLONIAL RECORDS.
Others to raise Men And upon their Return after forty days, I was
to give the command according to seniority According to the Num-
bers Each raised to men at Random no way proper to have a Com-
mand ; These afterwards were to have been Disciplined for which
we had no Serviceable Arms in the Province, and were limited to
serve only against the Cherokees, and If not Necessary there, then
they were to be under the Command Of the General in Chief to as-
sist his Majesty only on the continent And if the Cherokee War
wou'd be soon Over, they were then to be Reduced, so that no Aid
was to be Given to his Majesty, if Required to go by Sea, the Men
Cou'd not be raised and fit for any Service Until the End of August
And the few fit for Service were to be kept Idle on the Frontier For
this pretended Aid of Men they raised no Tax but I must Be
Oblidged to Issue £12000 in Notes Without a Sinking Fund. Which
must much Depreciate our present Currency already above 50 ^ e*
Discount, and probably not 2000 of it Wou'd be apply'd towards
Raising the Men, who were to be reduced Again When the Cherokee
war is Over, Which as the South Carolina Forces are March'd may
be Over in a Month, so that there wou'd Be above £10000 in Notes
Issued to no purpose, But to Give to Their favourites for making the
Bills and to put money in the Treasurers pockets Who are the
Leaders under Child and the Lawyers Of the Assembly, and this
sum was to be Employ'd to future Contingencies But not to be Em-
ploy'd but According as future General Assemblys shou'd Appoint,
so that the Governor & Council Cou'd not Command one Farthing
Th° upon the greatest Emergency, This Nugatory Aid I was there-
fore Oblidged to Reject, hearing that I wou'd Reject the former
Bill they form'd themselves into a Committee of the Whole House,
and Without Any Committee of Enquiry they Enter'd into Several
Resolutions against Me Equally False as Trifling, and lock'd their
doors and Bound themselves To Secrecy under the penalty that if
any shou'd Devulge their Resolutions They Shou'd be Expell'd
the House, and for Ever Rendered Incapable of Being Re-elected
a Member of any future Assembly! and these Resolutions Th°
the Assembly is Prerogued, the Speaker has taken from the Clerk,
and Refused me the View of, and have Petitioned his Majesty against
me, and Order'd Letters to be Wrote to you, Lord Granville and
Lord Halifax, to have Your Interest against me, but By what is
Transpired, I cou'd fully Answer the Whole to Satisfaction in half
an hour, But this I am to be deprived of, until they send away their
Letters, That I may not Have a Power of Answering them By this
COLONIAL RECORDS. 259
Conveyance, Which I must Forward by an Express to get Sent Via
Virginia having laid the Whole Scene [scheme] Open in a Letter to
the Board of Trade, I shall Refer you to the Letter and Papers sent
to them ; and shall Only Desire your Favour According as you shall
find I have Preserved my Integrity and trust to his Majesty in Sup-
porting His Just prerogative and in Obeying his Instructions and
preserving their Dependancies upon Britain Which I shall always
adhere to, in Spite of all the Schemes form'd By A Juncto to Op-
pose my Administration under his Majesty
I am Sir &c
ARTHUR DOBBS
[From MSS. Records in Office of Secretary of State. J
Letter from Governor Bull to Governor Dobbs
Charles Town, South Carolina 31"' May 1760
On the 29 th Instant I was favored with your Letter, dated the 10 th
day of May, which I should have Answered immediately, but I was
too much Employed in Writing Letters to the Lords of Trade, —
General Amherst, the Army at the Cherokees, and to Augusta, That
demanded immediate dispatch, the Subject of which was upon the
Important information I had received on the Twenty Eighth from
the Officer commanding at Augusta and Others, that on the four-
teenth Instant, the upper Creeks had murdered above Twenty of our
Traders, only a few escaping to Pensecola, tis thought on a previous
Notice from their Women and one to Augusta ; The lower Creeks
when News came to them doubted, but sent Runners who soon
returned with Confirmation of the truth, on which they told the
English Traders among them, they Expected the upper Creeks would
soon be with them, to Execute the same Tragedy there ; That they
could not resist or fight against their own people, but gave the Eng-
lish Arms, and encouraged them to defend themselves, and gathered
them all into one Town ; But as the upper Creeks did not come
then, the lower Creeks next morning appointed an escort of their
own men to attend them all to Savannah being the nearest place of
Safety, and each Trader left his Store in Charge of a Trusty Indian,
As this Outrage was done by the Mortar and the Friends of the
French, it is not doubted, but they have laid hold of the unhappy
Opportunity of theWarrwe are now engaged in with the Cherokees,
to carry into Execution a plan, which the Governor of New Orleans
260 COLONIAL RECORDS.
had formed, which as he Acquaints the French Ministry, Mettra la
Caroline a deux doigts, de Sapert, which Letter was Intercepted in
a French Ship taken by Captain Hood about three or four Years ago
brought here. If this should be the Case, it will open a Scene, that
will require all our United Address and power to conduct our Selves
with Safety thro' it, For the French I am informed are now well
Supplied with proper Goods for Indian Trade, and presents by the
Diligence of some of the Northern Colonies, particularly Rhode
Island ; as it is possible you may not know the Number of the In-
dians to the West of us I shall just mention that the Cherokees are
Two Thousand, the Cre*. ks as manny, the Choctaws at least Five
Thousand besides other Nations not known, who are under the Influ-
ence of the French at Mississippi. We cannot count the Chickesaws
in our Numbers of English Allies, as their Situation and Small
Number must make them either Joyn with, or be cut off by the
General Alliance against us.
But I shall leave nothing unattempted to effect an Accommoda-
tion of this matter, which if not soon done, the lower Creeks will
undoubtedly fall into the same Conduct of Acting against us.
One of the Men whom I had appointed to lead some of the upper
Creeks, to make a Diversion against the Cherokees, was killed, and
Captain Brown whom I had appointed likewise to head the Chice-
saws and get Ammunition from the English Traders in the upper
Creeks, was but two days off with one hundred Chickesaws for that
purpose when this event happened. What is become of him and
the Chickesaws we have not Learned.
Colonel Montgomery moved from Ninety Six, the Twenty Eighth
with Two hundred and Ninety Five of our Rangers — and Forty
picked Men of the New Levies which makes his Number about 1650
including a good Number of Guides. The rest of our Provincials
are to cover the Country, against any small parties of the Enemy,
by ranging in small Detachments from Savannah River to the Ca-
tawba River. I Expect that the Army will reach Keowee by the
third or fourth of June at farthest.
With regard to the Creek commotion, I cannot take any Measure
till I see which way the Storm will turn its course But have ordered
the Militia to be ready to take the Field on the first Orders. I Do
not think it advisable to draw them out before as Troops of that
kind soon grow impatient and ungovernable after any time Spent in
Inaction, tho' I doubt not but that they would behave well, if led on
COLONIAL RECORDS. 2(31
immediately against the Enemy, all the settlers near Augusta are
coming away, and many from Georgia,
Last night I received advices from Fort Loudoun Dated the 16 th
& 17 th of this Instant, with a Talk from the little Carpenter to me
desiring peace, and interceeding only for his Over Hill Towns, dated
a few days before, But Captain Demere informs me that on the 16 th
they had advices that the Mortar who is the most powerful Man, and
chief Friend of the French among the Creeks, had sent the Chero-
kees Word, that he with a large Number of Creeks would be at
Chotee; pretend Friendship to the English and Surprize the Fort.
That the Carpenter when he Discoursed with Captain Demere on that
Subject, Assured him, that he would be at the Conference with a
large Number of the Most Moderate Cherokees, and give Captain
Demere Notice of it, and he hoped that Colonel Montgomery would
Chastize the lower Cherokees Severely, who were the first Authors of
all these Miseries to them, and that he would by two or three Engage-
ments make the Over Hills smart also, and then the peace might
hold. Captain Demere farther Informs me that on the 16 th he had
an exact Survey of Provisions, by which they at a pint a day, could
hold no longer than a Month. I have taken the only means I could
Devise, to throw in a Supply of Provisions, by Engaging two bold
Fellows to carry Packetts of Gay Ribbons, and Paint to the Garrison,
with which during the cessation of Hostilities and their Intercourse
they may purchase Corn from the Cherokees. My Messengers with
the Ribbons were met about Fifty Miles from Fort Loudoun on the
19 th Instant, so I hope he will get safe in altho' the last Express Says,
the Indians had Guards all round the Fort.
I am very sorry to see, that your Assembly are less Alarmed and
less Jealous of Encroachments made by Bai'barians to the Destruc-
tion of Life and property, than any, perhaps mistaken, rights which
which they now contend for, and might be more properly the work
of Peace, to the Interruption of the Publick Defence of their own
and the Neighboring Colonies. I hope when you have Communi-
cated the information concerning the Creeks, they will look on matters
as more Serious, than they at present believe them. Tho' the march
of your Troops will I fear be too late to relieve Fort Loudoun, yet it will
have a happy Effect on the Indians to See themselves Attacked on
two Quarters by different Provinces at the same time.
I have Sent to Governor Ellis your dispatches directed to him and
have paid the Express as you desired. I think it Needless to Send
a Messenger to Governor Fauquier with the return of his but have
262 COLONIAL RECORDS.
requested him to Send me any resolutions which he may come to in
the present State of Affairs as farr as New Bern, and I intreat you to
Send them forward to me, and I will pay the Expence from New
Bern hither.
I am with great Regard Sir &c
W m BULL
[B. P. R. O. North Carolina. B. T. Vol. 22. P. 339.]
Letter from the Lords of Trade *.
Whitehall, June 13 th 1760
Sir, [Governor Dobbs]
In our Letter to you of the 1 st June 1759, We desired a full and
explicit Account of any new Regulations or Arrangements which
might have been made with respect to the Representatives to be
elected to the several Counties and Districts in the Province under
your Government to the end that We might be enabled to form a
judgment of the difficulties which in a former Letter you stated in
general to have arisen in respect to this matter Since this we have
received your Letter of the 28 th of February containing further com-
plaints of the embarrassment arising from those difficulties, but they
are still stated in so general a light that We find our selves unable
to form a proper or precise judgment upon the case.
It seems to Us in general that the difficulties in which you are
involved arise principally from a want of a due Attention on your
part to the Spirit and Letter of your Instructions and we are the
more surprised that you should have erred in this Case as you was
present when these Instructions were framed and fully apprized of
the various considerations which this Matter underwent and the
Pains that were taken to ascertain and settle with precision the Claim
of the Northern Counties and other districts in the Province From
these transactions you could not be ignorant that the Claims of the
Counties of Chowan, Perquimons, Currituck, Pasquotank and Tyr-
rell to send five Members each and of Berty to send three were
adjudged by the Attorney and Solicitor General to be well founded
and that it was upon this Judgment that their Right was confirmed
by the Royal Instructions and the number of Representatives to be
sent by each County and district finally fixed and established, so
that with respect to the Number of Representatives for the Northern
Towns and Counties, no alteration could be made and the single
COLONIAL RECORDS. 263
point left to your discretion was erecting such a Number of Towns
and Counties in the Southern Division as that each Division might
have a just and equal Representation.
As to the granting Charters of Incorporation to those Towns, the
Acts for establishing of which had been repealed, it was meant only
as a more regular mode of re-establishing in them those Powers and
Offices of Corporation which had been taken away by the Repeal ot
the Laws and had no reference whatever to the Case of sending
Representatives to the Assembly which is a Privilege derived solely
from the Crown's Instructions and the Writs issued in Consequence
thereof, it ceased therefore to be in any light either a proper or a
necessary Regulation when the Crown had, upon the Request of the
People consented to a Re-establishment of those Rights of Corpora-
tion by a revival of the Laws, it is true indeed that this determina-
tion was confined to the particular Cases of the Towns, the Laws for
the establishment of which had been repealed. But common sense
shews that the grounds and reasons upon which it was made extend
to every future case of the same kind that shall occur. If therefore
any Alteration has been made in the Number of Representatives for
the several Towns and Counties in the Northern Districts or any
Charters of Incorporation have been granted We can only say that
such Measures do not appear to Us to be warranted by His Majesty's
Instructions, but are expressly contrary both to the Letter and Spirit
of them.
We are Sir &c
DUNK. HALIFAX
SOAME. JENYNS
W. SLOPER
ED. BACON.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Letter from Governor Dobbs.
Brunswick 14 th June 1760
Sir, [Secretary Pitt.]
Having wrote to you a long letter the 30 th of May of which I have
herewith a Duplicate I have only this further to add by this Con-
veyance, that I have received Dispatches from Lieutenant Governor
Bull of the 31 st May, that the Upper Creeks have killed our Traders;
and declared war against South Carolina and Georgia by the Insti-
264 COLONIAL RECORDS.
gation of the French ; and they fear that the lower Creeks and
Cherokees may be also drawn into War ; Upon which I summoned
a Council to meet me here yesterday, and bj their advice have by
proclamation summoned the Assembly to meet at Wilmington the
26 th instant, and have sent off dispatches by Express with it to avoid
Delay; to try if the spreading of the Flame of war will induce
them to give a supply and raise Men without Clogs or Delay now
the storm approaches ; which, I hope, will put a stop to the Attorney
General's Infernal Schemes of inflaming the Province.
By this further proof of our future Danger, if the French continue
in Possession of Louisiana, his Majesty must think it necessary to
avoid a future war in America, to drive the ffrench from thence ;
and in case the Spaniards should take Umbrage at our increase of
power in their Neighborhood ; and it may be prudent at present not
to have any Brangles with them, would it not be better to have that
settlement entirely vacated by both, or even given up to the Span-
iards, than allow it to remain in the hands of the ffrench. I have
such an entire Dependance on Providence continuing to protect the
Protestant Cause against Papacy, that I make no doubt of an happy
Issue to the war in Germany ; and by Dispossessing the French of
the Northern Continent of Civilizing and Converting these Misled
Indian Nations by the Jesuitical French missionaries. Pardon my
Zeal and Enthusiasm in predicting these things from your active
administration under the best of Kings in support of the Apostolic
Religion and cause of Liberty.
I am, with the greatest Respect and highest Esteem,
Sir your most &c p
ARTHUR DOBBS.
[From North Carolina Letter Book. S. P. G.]
J. Reed to the Secretary
Newbern June 26 1760.
Rev 3 Sir
I wrote you the 5 th of last March, by three different conveyances
& have now sent you according to promise My No. 1. Paroch, which
though imperfect, is the most exact & regular I could possibly form
in 4 or 5 months, & since the receipt of the society's orders & in-
structions; in the number of white inhabitants, I believe I have
come very nigh the truth exclusive of Children under 6 years of
COLONIAL RECORDS. 265
age, in the number of Children & infants Baptized I have been
very exact, 3 white adults are now under instruction for Baptism.
In the number of those who have received the sacrament of the
Lords Supper, I have been very exact, but cannot as yet ascertain
the number of actual communicants of the Church of England, in
the whole County, For the County is so very large, that 'tis not in
my power to administer the sacrament of the Lord's Supper at the
several Chapels above once a year, therefore I have allotted the
spring of the year for the discharge of that part of my duty, & as
the last spring was the most sickly season that has ever happened in
this part of the province for these 7 years past and great numbers
are prevented by sickness from attending the Chapels, I shall not be
able to inform the society of the number of actual communicants of
the Church of England in the whole county before this time 12
months as to the number of dissenters & of those who profess them-
selves members of the Church of Eng d I cannot pretend at present
to be very exact, there are too many that can hardly be said to be
members of any particular christian society, and great number of
dissenters of all denominations come & settled amongst us from
New Eng d Particularly, Anabaptists, Methodist, Quakers and Pres-
byterians, the anabaptist are obstinate, illiterate & grossly ignorant,
the Methodist, ignorant, censorious & uncharitable, the Quakers,
Rigid, but the Presbyterians are pretty moderate except here & there
a bigot or rigid Calvinist. As for papists, I cannot learn there are above
9 or 10 in the whole County. I have estimated the number of In-
fidels & Heathens to be about 1,000. We have no Indians amongst
us, but the greatest part of the negroes in the whole county, may
too justly be accounted heathens 'tis impossible for ministers in such
extensive counties, to instruct them in the principles of the Chris-
tian religion & their masters will not take the least pains to do it
themselves. I baptize all those whose masters become sureties for
them, but never baptize any negro infants or Children upon any
other terms. I have not ventured to put down, any Particular num-
ber of converts, for I cannot boast of the success of my labors. I
trust in God there are several reform'd if not by my ministry, by
the perusal of excellent pious tracts, which the society was pleased
to send me & which I have with the utmost care & diligence dis-
tributed among my Parishioners., Besides attending my own County
& Parish I have for 4 or 5 years past frequently visited S* Johns
Parish in Carteret County. This County & Parish tho' contiguous
to Craven is very difficult to attend on account of its being very
266 COLONIAL RECORDS.
much broken and divided by Creeks and Rivers, and the inhabit-
ants are so poor & few in number that twill probably be a great
many years, before they will be able to maintain a minister. They
have built a neat wooden Chapel upon Newport River, where a small
regular congregation constantly attends divine service, performed by
a layman every Sunday. I have visited this Parish twice very
lately. Once at a Private house where I baptized 8 children & once
at the Chapel where I baptized 10 Children, and administered the
sacrament of the Lords Supper to 19 Communicants.
I am, Rev d Sir &c
JAMES REED.
[B. P. R. O. Am. & W. Ind. Vol. 72.]
Letter from Governor Dobbs
Brunswick, 21 st July 1760
Sir, [Secretary Pitt]
I acquainted you in my last of the 13 th June, that upon the Creeks
killing our Indian Traders, and Lieutenant Governor Bull's inform-
ing me that they apprehended a General Creek war, in which they
expected that the Choctaws would join them, by the Instigation of
the French ; expecting a Supply from this Province I appointed the
Assembly to meet at Wilmington on the 26th of June.
The Session is now over, and by the Non-attendance of Mr. Child
the Attorney General and his Northern Junto-, who staid away,
hoping that we could not make up a Sufficient Number to do Busi-
ness without them ; the Assembly have passed an unexceptionable
Aid Bill to raise and pay 300 Men, until the 1 st of Dec r next, for
which, and to pay for Scalps, Contingencies, and other Claims, I am
to Issue notes for £12000 this Currency: I have a power of sending
them out of the Province, or as many as can be spared from the
Defence of the Frontiers ; but as the Cherokee war is likely to be
Bloody upon the Retreat of Colonel Montgomery's Troops from the
ffrontiers I am afraid we can spare few or none to assist our Neigh-
bours. As the ffrench Influence over the Indians seems to Increase
in Louisiana, we can never be safe while they possess that part of
the Continent, I hope if the war is not over at the End of this
Campaign that his Majesty will think of driving the ffrench from
this Continent. God grant an Happy Issue to this Campaign in
Germany, upon which our safety and American Acquisitions de-
COLONIAL RECORDS. 267
pend. I heartily wish you Success to your Active Administration,
and an Happy conclusion by a Glorious peace.
I am, with due Respect, Sir &c
ARTHUR DOBBS
[B. P. R. O. North Carolina B. T. Vol. 14. E. 28.J
Letter from Gov r Dobbs to the Board of Trade
Brunswick 21 at July 1760
My Lords,
In my last letter to Mr. Pownall of the 13 th of June, which went
with a Duplicate of my letter of the 30 th of May last to your Lord-
ships, I acquainted him that upon receipt of a letter from Lieutenant
Gov r Bull, informing me that the Upper Creeks had killed our
Traders, and that [he] apprehended a general Creek war, I, by the
advice of the Council, had appointed the General Assembly to meet
me at Wilmington the 26 th of June, after a few days altercation, they
have passed an Aid Bill, a copy of which I send to you, without the
restrictions and exceptionable Clauses in the former rejected Bill, a
Copy of which I likewise send you, to shew the different tendency
of the first Bill. I have therefore been obliged to issue £12000 this
Currency, to raise and pay 300 men in four Companies until the
first of December next, and to pay the debts and claims incurred by
sending out the Militia to defend the frontier, upon their giving a
sinking fund to commence January 1763.
This point was carried by having the Assembly held at Wilming-
ton, which Mr. Child and his Junto thought to have disappointed,
by the Northern Members not attending as formerly, for there were
but four or five which attended from the Northern District, and
they wrote to the Speaker ajid their friends here to proceed to no
business unless thirty eight above half of the Assembly attended,
which was contrary to His Majesty's Instruction, who appointed 15.
to be a quorum to act, however about 9. appeared after a few days ;
and it was carried upon a Debate to proceed to business without
waiting for a Majority of the whole number of the Assembly; upon
their losing this Question Corbin, who was delegated by Child and
his Northern Junto to obstruct the public business, was instructed
to push the same aid Bill which had been rejected before, and though
the Committee brought in the Bill without the restraining Clauses
in the former Bill, they were again added in the House and sent up
268 COLONIAL RECORDS.
to the Council who expunged all the unnecessary Clauses and Clogs
tacked to the Bill as unparliamentary and at length the speakers &
Junto's Friends came off, and passed the Bill without the additional
Clauses, after passing some resolutions that the Council's altering
the money Bill should not be admitted as a Precedent being upon
so great an emergency. They then agreed upon a Militia Bill for
six months until next Session which were the only two Bills passed;
they again pushed for an Agent Bill, which was rejected by the
Council so that the Northern Junto have been disappointed in all
their schemes, and are now breaking in pieces the speaker and their
southern friends having broke from them, and the Northern Mem-
bers have discovered Child's schemes and the lawyers who misled
them to carry their own ends by the Bills they had projected which
has not answered their ends as I have found two lawyers of merit
qualifyed to be Assistant Judges, though I can scarce find a third
without taking in one of the Junto in case the breach continues.
The hurry of this Session has prevented me from sending over
the former Bills by this Conveyance as I would lose no time in ac-
quainting you with the issue of this Session so by this conveyance
can only send you a Copy of the Aid Bill the one I rejected in May
last and the Aid Bill passed this Session, until I can get the several
Bills passed in the several Sessions properly attested, and have sent
the Journals of the Upper House for the Sessions of April & May
last, and the Journals of the Lower House for the short May Ses-
sion, I having certified the Journal of the April Sessions to the
Speaker who sends them over, having yet not got a copy from his
Clerk. I believe that will answer the purpose at present having
written so fully in my former letter I have nothing further to com-
municate than that by private letters from Charles Town they ex-
pect a General Indian War.
I am, with great regard My^Lord, &c
ARTHUR DOBBS.
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 37, 38.]
Letter from Secretary Spaight to the Board of Trade
Newbern 21" July 1760
My Lords,
The lower House of Assembly of North Carolina having passed
several resolves against his Excellency the Governor and me, equally
COLONIAL RECORDS. 269
scandalous and false, it is incumbent upon us to clear ourselves and
have the facts fairly stated, which to the honour of the House they
never once attempted to do, nay so far from having any of the facts
alledged against us proved in the Committee of Grievances as they
ought to have been, that the Committee never sat and the Resolu-
tions were formed by a Junto of persons (whose purposes were to be
served by a Revolution's taking place by Mr. Child's pretended great
interest, who only wanted a pretext for his Friends to act in his be-
half,) and at once passed the Committee of the whole House, as a
majority previous to that, was engaged by great promises' or threats,
and was immediately confirmed by the House, and what still shows
the villanous intention of those Resolutions in a more striking light
is that they previously resolved that if any Member should discover
to any person the resolutions entered into, he should be expelled,
and thereafter be incapable of sitting in that House, and the resolu-
tions were kept a secret for six days after the Session was closed, on
purpose that the resolutions and address to His Majest} r should get
home before we had it in our power to vindicate ourselves, and that
my Lord Granville should get us both dismissed without a hearing;
surely they must have had a most horrid opinion of his Lordship
to imagine he would join with a faction in favour of one of his
agents to deny a Gentleman common Justice to prevent his clearing
himself from the low aspersions of a few designing People. I must
entreat your Lordships patience while I make a few remarks upon
the resolutions which affect me, as to the first which strikes both at
the Governor and me, it was never disputed but that I should be
allowed one per cent. The Governor, Council and Assembly having
past my accounts with such a charge in them, and the late Colonel
Innes having been allowed one per cent before, which shows that it
was not an unusual charge, and it having passed unnoticed from
Assembly to Assembly from the year 1755 until this Session (which
if it had been a real grievance would not have been the case,) shows
it to be evidently party violence, which makes everything a handle
that is possible to serve a turn, and the whole sum on which I re-
ceived the one per cent amounts to £17771.3.7. Proclamation money,
upon which only £177.14.2. like money I received upon it as Com-
missions, which shows the little foundation for such a resolution,
and if it had been of that disservice and a Grievance surely they
ought before, and even at the first represent it as an improper step
and to desire it might be rectified, and to let it lie dormant for 5|
years and after my accounts were passed without any objection is
270 COLONIAL RECORDS.
such an evident demonstration of the malicious intention and falsity
of the resolution itself as several aids have been since granted which
I had not any concern with, as hardly deserves any other notice than
that of contempt, which it justly merits, and with which I make no
doubt but it will be treated by your Lordships —
As to the second which relates to my being Secretary and having
been guilty of several palpable frauds and sets forth a flagrant
instance of one said to be committed four years ago which you will
see by my answer is totally false, since so far from giving myself the
preference- (that no impartiality to myself in my own Office should
be suggested) I gave up my right to the land under the circumstances
mentioned in my answer upon oath ; and the said Joseph Such has
peaceably enjoyed it since.
Now my Lords under these circumstances I hope you will think
I have discharged the trust reposed in me with honor, as to this
charge and as to the General one of palpable frauds being commit-
ted, I defy the whole Assembly to prove my being guilty of a dis-
honest or mean thing in the execution of my Office, or that I ever
extorted any Fees but by Law allowed me, and I am and always
shall be ready to vindicate myself against any dirty insinuations
which by party violence or envy may be thrown out against me, and
when your Lordships has a full view of the whole transaction I dare
say you will think I do not deserve such treatment, and also when
by Party violence my Place was intended for one Robert Jones a
Lawyer of this Province a Pretext was to be found out for removing
me and Mr. Child was to get him fixed in my place, your Lordships
may judge how difficult it was to find anything against me (alth
they set forth the many irregularities and palpable frauds which
happened during my appointment) when for a single instance or the
least color of a fault, they were obliged to have recourse to the above
affair which happened nigh four years ago, which I humbly conceive
must to every unprejudiced person appear as a convincing proof of
my having discharged the trust reposed in me with that Honor and
justice that so great a Trust requires, and that nothing but envy,
Party and a premeditated malice could induce the persons concerned
to be guilty of such an unjust and cruel resolution against any Per-
sons character, who had not the liberty to justify himself and hinder
his reputation from being falsely exposed, or even knew of it until
six days after the session was over, and this also had another sting
intended to make the Governor odious in the eyes of the people for
COLONIAL RECORDS. 271
his appointing me; thus your Lordships may see the weakness and
falacy of this resolution.
As to the third resolution by the proofs annexed to my defence
you will see that is equally false, malicious and scandalous and that
my having whipt the Person therein mentioned, was not under color
of law, or executed by any judicial authority, but only my private
resentment, for having under his hand treated my wife with the
greatest indignity, and to the prejudice of her character, and which
I dare to affirm any Person would have done under the like circum-
stances, for in this new settled country as the most of the people are
from mean originals, they don't much stand upon character, which
makes it incumbent upon those that do, to exert themselves in their
own defence and tho' my heat of passion was so great, upon the first
notice of it, yet I only whipt him moderately in order to discover
the author of so villanous a libel, and I am persuaded had not Party
violence been carried with so high a hand, nothing would have been
said upon that affair, as everybody was satisfied he deserved much
more for offering to meddle with persons of character, and he him-
self was so convinced of deserving such treatment that he forgave
me, and never offered to sue or indite me for it, but to have the affair
so highly aggravated, misrepresented and placed in such a point of
view, plainly shews the malignity of such a resolution, and that
Party Violence was the only spur to it.
Now, My Lords, it is also requisite to inform your Lordships that
my appointment, as well as fourteen other Gentlemen, was only to
hinder the Courts from dropping, for want of adjournment in case
of the sickness, or other accident happening to the Chief Justice to
hinder his being at the Court the first day, and that neither I nor
any other of the Associates had had one farthing by such appoint-
ment, but on the contrary was at a good deal of expense on such
occasions, which plainly shews the Governor could not get any Law-
yer to act under such circumstances as the Gentlemen of that Pro-
fession don't understand such empty inducements, and it was neces-
sary to appoint Gentlemen in the neighbourhood who would take
such trouble upon them and I hope your Lordships considering the
Provocation will upon the whole affair being laid before you, not
impute it as a fault, but only look upon it as the effects of the first
transport of passion, without the cool deliberation and exercise of
reason which would have widely altered the case.
Upon the whole I hope for your Lordships favour & protection,
whilst I acquit myself in the Office I have the honor of holding
272 COLONIAL RECORDS.
under the Crown to your Lordships approbation, and that your Lord-
ships goodness will prevent my being overwhelmed by the Torrent
of Party prejudice, and that thereby the present faction raised in
this Province against Government by the Attorney General may be
convinced that no dark and indirect doings will meet your Lord-
ships Countenance or approbation, and relying upon your Lordships
known justice and honour
I am, with due respect My Lords &o
RICH d SPAIGHT.
The Answer and Defence of the Hon ble Richard Spaight Esq 18
Secretary to the Province of North Carolina to the Charges contained
in the following resolutions in the House of Assembly of said Prov-
ince.
Resolved that his Excellency without any colour of law appointed
his nephew Mr. Spaight Paymaster of the Forces raised in this
Province by means whereof he hath drawn Commissions on the
several Aids granted to His Majesty for raising & paying the said
forces, the same has been a cause of rendering the said aids insuffi-
cient for the intended purposes, and an obstruction to His Majesty's
service.
In Answer to which this respondent saith that in the year of our
Lord 1755 when troops were raised in this Province in order to join
the army under General Braddock on the Ohio, this respondent was
appointed by his Excellency the Governor Paymaster of said forces,
in like manner as had been done before ; the hon ble James Lines
having been appointed Paymaster of the Forces by Mr. President
Rowan during the time of his being Commander in Chief; and that
this respondent continued in said Office of Paymaster of the Forces
until the Session of Assembly at Wilmington in November last;
Saith that from time to time since his said appointment, he regu-
larly passed his accounts with the Assembly who always and with-
out any dispute or objection allowed this respondent's charge of one
per cent, having been in the same manner charged by and allowed
to the said James Lines; and further sayth that in November last
this respondent fully accounted with the said Assembly for all his
receipts and payments in which Charge was allowed and the Bal-
ance then remaining in his hands ordered to be paid to Colonel
Hugh Waddell which has been accordingly done.
This Respondent further saith that he never charged or received
or had any perquisite fee or reward except the said sum of one per
COLONIAL RECORDS. 27 3
cent, which in near five years amounted to the sum of £177.14.2§
Proclamation money and no more the whole sum received by
this Respondent during that time being but £17,771.3.7 which be-
ing so very inconsiderable for each year could not possibly be a
cause of rendering the said Aids insufficient for the intended pur-
poses or an obstruction to His Majesty's service ; and therefore con-
ceives that as the like charge has been made and allowed to a former
PajTnaster, and has been allowed without hesitation by the Assem-
bly to this Respondent and must by every imparcial judge be
deemed a very scanty recompence, and very barely adequate to the
trouble & attendance required in the execution of said Office, that
the said resolution will be considered as the effects of pique and
malice.
Resolved that it appears to this Committee that many irregulari-
ties and palpable frauds have happened in the Secretary's Office
since the appointment of Mr. Spaight to that important trust, a fla-
grant instance of which is an entry in the books of said Office regu-
larly made and the accustomed fees paid thereon, being by his ex-
press order transposed so as to give himself the preference and right
to the said Land so entered.
In Answer thereto this respondent saith that sometime in the be-
ginning of the year 1757 this Respondent then residing about three
miles from the Town of New Bern on the other side of the river
Trent in the evening when he was about to cross the Ferry over said
River, he met the Reverend James Reed who informed him that a
piece of land joining a Plantation belonging to this Respondent on
Batchelors Creek in Craven County was vacant and not included
within the Patent lines of said Plantation as was imagined, and
* advised this Respondent as it was a Conveniency to him to take it up
immediately or as it was discovered to be vacant, it would be taken
up by some one else and that he would have taken it up himself, but
being a clergyman did not chuse to have any wrangles with any
of his Parishioners or words to that effect. Whereupon this Re-
spondent immediately returned to the Secretary's Office in order to
" enter the said land, but the Clerks being gone and William Powell
his Deputy in said Office being absent this Respondent left a mes-
sage with Jane Hoy one of the Governors servants to desire William
Robinson one of his clerks as soon as he came to the Office, to leave
a blank for an entry w T hich this Respondent wanted to make, in case
any person should apply to make an entry before this Respondent
Vol. VI— IS
274 COLONIAL RECORDS.
returned on the morrow and then went home, but was by some
means or other prevented from returning to Town for two or three
days when going to the Office he found one Joseph Leech had just
made an entry for said Land, whereupon this Respondent imagining
that he had a prior right to said Leech and finding a vacant space at
the bottom of a page before said Leech's entn r did not transpose the
same but made an entry for said land in his own name in said vacant
space & immediately after informed said Powell his deputy with
what he had done who advised this Respondent that as the Office
belonged to him to strike out his said Entry and make one after said
Leech's but enter a Caveat against his obtaining a Warrant until the
right of property under the circumstances afs d should be determined
by the Governor and Councill which this Respondent accordingly
immediately did and saith that his Entry so made in said book
(which is but a memorandum book and not a record) to stand before
said Leech's was not long entered in said book before it was crossed
out by this Respondent; and further saith that soon after he with-
drew his said Caveat for no other reason than to avoid any imputa-
tion of partiality in favor of himself, in consequence of which the
said Leech obtained a warrant at the then next Court of Claims and
had said Lands surveyed and a Patent granted to him for the same
and has ever since been in the quiet and undisturbed possession
thereof And therefore conceives that as the said Leech did not in
any sort suffer bj r the Transaction aforesaid but on the contrary had
the full benefit of said Entry, and as this Respondent, singly to avoid
the imputation of partialit} 7 withdrew his said Caveat which he then
conceived, and was advised he had a right to expect would be ad-
judged in his favour, the same cannot at any time with any justice
be charged against him as a crime or mal execution of his office.
That as to the other charges in said resolution contained, of many
irregularities and palpable frauds having happened in said Office
the same being couched in general terms without any Comp* exhib-
ited or proof having been made or particulars set forth this Respon-
dent cannot otherwise answer them than by expressly denying the
same & saith that he always took care to the best of his Knowledge
& understanding to prevent any irregularities having always cau-
tioned the Deputies and clerks employed under him in said Office to
be careful that none were committed or suffered to be done.
Resolved that it appears to this Committee that the Secretary
during the time the Supreem Court Law was in force was a Judge
of the- Supreem Court of the New Bern District and by his own
COLONIAL RECORDS. 275
authority without legal Tryal by any Jury, for a supposed libel;
ordered one Thomas Core to be stripped naked tyed and whipt,
which was accordingly done with great inhumanity and in Viola-
tion of the Laws of this Province & contrary to the great Charter
of Liberties.
This respondent in Answer to this resolution saith that he was
one of the Associate Justices of the Supreem Court at New Bern,
having been appointed at a time when the late Chief Justice Henly
was ill and no other of the then Justices attended to prevent the
Courts being lost for want of Adjournment but that he seldom after
went upon the bench or acted as such.
Saith that on or about the 24 th day of August last, several of the
inhabitants of the Town of New Bern where this respondent lived
having been for some time before vilified by scurilous libels full of
ribaldry almost daily published ; Cap' Andrew Bailie came to this
respondent's House and informed him that there was the devil to do
in town, that James Parkinson merchant had sevearly beat one
Thomas Core whom he had found writing or copying a libel against
him & that Mrs. Spaight meaning this respondent's wife was scanda-
lously mentioned therein or words to that effect upon which this
respondent after he had read it believes he might say he wished he,
meaning the said Core, was here, & almost immediately after &
while this respondent was in a violent passion the said Tho s Core
being brought to this respondents house by the said Baile & Par-
kinson and having denied he was the author of said scandalous
libel & refusing to discover pretending not to know who was the
author thereof, this respondent being greatly irritated by the scanda-
lous reflections therein cast upon his wife, and in hopes of discover-
ing and bringing the author to justice, caused the said Core to be
stripped, tyed up and did not order but did himself with a horse-
whip give him seven or eight strokes on the back & no more, but
did not with inhumanity as set forth in said resolution ; and ex-
pressly denies that the same [was] done by this respondent, in his
judicial capacity as an Associate of said Court, as artfully maliciously
& falsely charged ; the same being done in the heat of- passion for
the affront & indignity with which his wife was treated; without
this respondent's ever reflecting or considering that he was a magis-
trate or Associate Justice, and for proof thereof begs leave to refer
to the annexed affidavits —
276 COLONIAL RECORDS.
North Carolina
Craven County J
The hon ble Richard Spaight Esq" Secretary of the Province of
North Carolina came this day before me and made oath on the Holy
Evangelists that the foregoing answer is true in every particular to
the best of his recollection, Knowledge & Belief.
Sworn before me John Clitheral one of His Majesty's Justices of
the Peace for the County of Craven in the Province of North Caro-
lina at New Bern the twenty third day of June 1760.
RICH d SPAIGHT
John Clitherall
North Carolina \
Craven County J
Mary Moore of Craven County in the Province of North Carolina,
widow, came this day before me and made oath on the Holy Evan-
gelist that on or about the twenty fifth day of August last past
having heard that the hon Me Richard Spaight Esq™ who was married
to this Deponents daughter had whipt one Thomas Core for writing
a scandalous libell reflecting upon the Character of the said Richard
Spaight's wife, She went to the house of Mary Core mother of the
said Thomas Core and with whom he lived & having inquired how
he did told him that she herd he had got a whiping for writing a
libel and sayd she was sorry he should meddle with the character of
Mrs. Spaight whose father had been soe kind to him, or words to
that effect, whereupon the said Thomas Core told this Deponent that
he did not know nor ever heard that the words in said libell applied
to Mrs. Spaight had been meant or intended for her, but on the con-
trary for the wife of one Harbin, or he would not have copied it — &
was sorry that he had, but had been desired so to do by Thomas
Sitgraves — This Deponent further saith that the said Thomas Core
then told this Deponent that the s d Spaight did not give him but a
few strokes for which he was not angry with him, & he was highly
provoked by those about him telling him it was his wife was men-
tioned in s d libell or words to that effect.
MARY MOORE.
Sworn before me June 23 d 1760.
And w Scott, J. P.
COLONIAL RECORDS. 277
[From MSS. Records in Office of Secretary of State.]
Know all men by These presents That I George Burrington Lien-
tenant of his Majesty's Seventy first Regiment of Foot now at Inver-
ness Administrator with the will annext of my late Father George
Burrington Esq r late Governor of the province of North Carolina &
also his Heirs at Law Have made ordained constituted '& appointed
and in my place & stead put And In and by These presents Do
make ordain constitute and appoint and in my place and stead
put John Rutherford of the said province of North Carolina Esq 1
my true and lawful attorney for me and in my name and to & for
my own use to get all the Lands Tenements and Hereditaments at a
place called Stagg park in the said province of North Carolina Sur-
veyed by one or more able person or persons for that purpose And
also to ask demand and receive of and from the Widow and the
Heirs Executors or adminis[tra]tors of the late Edward Mosely Esq r
Dec 4 all Deeds and writings Books papers and Accounts of or be-
longing to the said late Governor Burrington Esq r my said late
Father deceased And also to ask demand and receive of and from
the Widow and the Heirs Executors or Admin[istra]tors of the late
James limes Esq 1 dece d all deeds and Writings Books papers and
Accounts of or belonging to the said late Governor Burrington my
said late Father dece d and also to ask demand and receive of & from
Frederick Gregg of Wilmington in the s d province of North Caro-
lina Esq r all Deeds & Writings Books papers and Accounts of or
belonging to the said late Governor Burrington Esq r my said late
Father dec d and also to demand and get possession of all- Lands
Tenements and Hereditaments Slaves Cattle or any other thing or
things which he the said Frederick Gregg or any person for or under
him may have taken possession of now belonging to me or late be-
longing to my said late Father and also to state settle and adjust
all manner of Accounts and Transactions whatsoever relating to me
or my late father dece d with the widow or the Heirs Executors or
Administrators of the late Edward Moseley Esq r also with the
Widow or the Heirs Ex[ecu]tors or Admin[istra]tors of the late
James Innes Esq r and also with the said Frederick Gregg Esq' His
Heirs Executors or Admin[istra]tors and also to compound any
accounts with any person whatsoever their Heirs Executors or Ad-
ministrators respectively and on nonpayment of all or any moneys
due to me as admin[istra]tor with the will annext of my said late
father or to my said late father or on non delivery of any Deeds or
Writings Books and papers of or belonging to me as admin[istra]tor
278 COLONIAL RECORDS.
aforesaid of my said late father or to my said late father from or by
all and every or any the person or persons above mentioned or any
other person or persons whatsoever him her them and every of them
respectively to sne arrest imprison and prosecute for the same
premises respectively & in such Suit or Suits to proceed to Judge-
ment Sentence Execution award or Decree respectively and all and
every such person or persons Debtor or Debtors In prison to hold
and keep till payment thereof or delivery thereof be fully made
with all Costs Charges and damages relating to the said premises or
any part thereof Respectively & also to ask demand and receive all
Rents due to me as Admin[istra]tor aforesaid of my said late father
dece d of and from all and every my Tenant or Tenants Debtor or
Debtors within the said province of North Carolina of and from all
and every person or persons whomsoever and on payment or de-
livery of all or any of the premises before mentioned respectively
all and Every such Debtor and Debtors Tenant or Tenants of me or
my said late father respectively for of prison to Discharge and .also
all Manner of Acquittances releases and Discharges for me and in
my Name and as Administrator and Heir aforesaid of my said late
father (or in my own right) either general or special to make give
seal and deliver And also to perform and execute all and every
oy r lawful and reasonable Act and Acts thing and things whatso-
ever in and about the same premises respectively or any of them or
any part thereof as shall be fit and necessary to be done Giving
and by these presents granting to my said attorney my full and
absolute power and Authority in all and Singular the said premises
and every part thereof Ratifying and holding firm all and whatso-
ever my said attorney shall lawfully do or cause to be done in &
about the said premises and every of them by vertue and means of
these presents
In Witness whereof I the s d George Burrington have here unto
set my hand and seal this 23 d day of July in the thirty fourth 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 soforth and in the year of our Lord 17(50.
GEO: BURRINGTON
(L. S.)
Sealed & Delivered (being first duly
Stampt, in the presence of
Andrew Monro
Will" 1 Fraser Witness
COLONIAL RECORDS. 279
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 39 & 40.]
Letter from Governor Dobbs to the Board of Trade.
3 rd August 1760.
My Lords
Having wrote so fully to your Lordships in my former letters the
transactions of the last April and May Sessions, and having sent
you in my last the transactions of the last June Sessions with the
Copies of the two aid Bills proposed at the May Sessions and re-
jected, and the other as passed last July with the tacked Clauses &
all the other speeches, answers and messages to which I refer. I
have nothing until I can send you over the attested Bills which
were past under the Great Seal, except my answer and defence
against the incmisitorial resolutions, and address to His Majesty,
sent over by the Attorney General and his Junto because I would
not break through the King's Instructions, and, as far as in me
lay lesssen his Majesty's Prerogative, to bring in a Junto of Lawyers
to assist him in procuring the Government to himself and every lu-
crative employment, of the few that are here, for themselves and
their friends upon my removal. My answer to every part of his and
their charge I hope your Lordships will find as full and explicit as
so vague & general a one will admit of which if they think proper
to pursue, I shall give proof to all positive facts alleged, and as far
as can be done to any negative ones, which I hope will prove satis-
factory to your Lordships, and at the same time expose the unprece-
dented part they have acted to overawe the Assembly by letting
them have no time to reflect previous to the report of the resolu-
tions. I am therefore induced to think that when the whole is laid
open to your Lordships that my innocence and integrity will be fully
proved, and that their conduct will appear to be the effect of disap-
pointed malice in not having been able to persuade me to give up
His Majesty's Prerogative and break through his Instructions, which
if I had done they would have had just cause of complaint against
me.
m
I am therefore convinced that your Lordships will justify my con-
duct and will advise His Majesty to strengthen my hands to oppose
and suppress a republican spirit of Independency rising in this
Colony. The Assembly think themselves entitled to all the Privi-
ledges of a British House of Commons and therefore ought not to
submit to His Majesty' hon ble Privy Council further than the Com-
mons do in England, or submit to His Majesty's instructions to His
280 COLONIAL RECORDS.
Governor and Council here whose person they would usurp and
place all in a Junto of an Assembly here.
I also must inform }^our Lordships that I think it is for his Maj-
esty's service, that Mr. Child His Majesty's Attorney General who has
raised all this flame [of] opposition and delay to His Majesty's Or-
ders, should.be dismissed from his Employment in this Province,
and if Lord Granville should still support him after this behaviour
that it may be in some other employment which may not prejudice
His Majesty's Affairs in this Province.
I am, with great respect, my Lords, &c.
ARTHUR DOBBS.
P. S.
Having not had an opportunity of sending over my answer sooner
I send also by this conveyance all the Bills passed in the April, May
& June Sessions and the Journals of the Council & Upper House.
As I think it my duty to disappoint those Gentlemen of the Junto
who thought to raise their power to oppose His Majesty's just Pre-
rogative by having a greater influence in the Assembly when ap-
pointed Assistant Judges Quamdiu se bene Gesserint, notwithstanding
the limiting clauses I have found out three Gentlemen proficients in
the law of at least equal abilities & knowledge in the Law, of un-
exceptionable character, whom I have made assistant Judges, who
have no family or party attachments in this Province. Mr. Dewey
who has been long a proficient in Virginia and now resident here.
Mr. Marmaduke Jones nephew to the late Sir Marmaduke Wywil
and Mr. Charleton whose father is an Officer in the army and resides
in England, these, my Lords, are Gentlemen whose integrity and
knowledge will be owned even by the disappointed candidates, and
therefore I hope the appointments will meet with your Lordships
approbation.
Answers of Arthur Dobbs Esq™ Governor of North Carolina to
certain resolutions made in a Committee of the Assembly of North
Carolina to consider of the distressed state of the Province met
under a vote of secresy upon pain of expulsion.
1 st Resolution, resolved that the large sums which have been
chearfully granted for His Majesty's service, amounting to upwards
of £74000 and chiefly intrusted to the application of His Excellency
the Governor have been injudiciously applied and several military
commissions have been granted to persons of little weight and interest
COLONIAL RECORDS. 281
in the Province, whereby the service has been delayed and the Aids
granted have not had the good effect proposed by the Assembly.
Answer. In Answer to this resolve I must beg leave to observe
that the charge contained in it is twofold first the misapplication
of the Public money I was chiefly intrusted with, and secondly my
having granted military Commissions to persons of no interest
which thereby render the aids that were granted ineffectual ; It is
true as the accusations are general, it might be thought sufficient
for me in general to deny them, but as my conduct ever since I have
been honored with the Administration will bear the strictest scru-
tiny, both before God and man, I shall so far presume upon your
Lordship's patience as to faithfully lay open my behaviour to you
in respect of every particular I am charged with, as I am induced to
hope when it comes to be inquired into, it will meet with your Lord-
ship's Approbation.
In regard to the first accusation to wit, the Misapplication of the
public money, I do affirm that there was not a single sum granted
& paid by my warrants but what has been scrutinized and passed
before the Committee of Accounts, and afterwards approved of by
the House, except the account of the New York Expedition, which
could not be liquidated before the returns made to me from thence,
and which I did not receive till last February, owing to the several
remittances not having been sooner settled. Upon the opening of
the Session I laid a fair Account of them before the Assembly, who
by a multiplicity of business were not able or perhaps unwilling to
pass them ; and as to the late supplies granted, the Officers who had
received the money attended to pass their accounts but were pre-
vented by the like reason, so that no injudicious application can
yet be made appear in an} r warrants I ever signed upon the Treas-
urer, otherwise being so much my enemies they would not have
failed to have produced them, and I can further most solemnly
affirm, that I ne\ T er fingered one single shilling of the public money,
tho' I have paid money out of my Pocket to contingencies for the
good of the service, which the Committee of Accounts by the insti-
gation of one of the Treasurers refused to repay me. And I further
expended upon my expedition to the Congress at Philadelphia to
which I was summoned considerably above £100 sterling for which
the Assembly never made me any allowance, nor even for House
rent, tho' always allowed in other Provinces. Hence m} r Lords it
clearly appears that the misapplication of the Public money, if any
such there be, can in no wise be laid at my door. . . In respect to
282 COLONIAL RECORDS.
the second Accusation to wit my having granted military Commis-
sions to persons of no interest, which thereb} r rendered the Aids
which were granted ineffectual, I must give your Lordships a detail
of my conduct in that regard, the charge itself is a General one —
Except one Captain Arbuthnot as nephew of Mr. Barker who
brought in this resolution, and one Captain Graingers a gentlemen
of distinction in this Province, and who had been appointed Lieut:
Colonel to the Carolina regiment in 1754, I know of no others who
have misbehaved — The other Captains whom I appointed were my
own son who had been several years Lieutenant in the English fusi-
leers, and had procured His Majesty's leave of absence to attend me
here for some time, and having raised one Company to join General
Braddock, and there being no person in the Province who had been
an Officer of the Regulars and understood anything of discipline, L
thought it for His Majesty's Service to give him the Command of
the Company upon that unfortunate Expedition, that he might not
be an idle spectator here, and he had his Company compleat, and
at the Rendezvous at Fort Cumberland in good time, and hope in
that instance I could not be blamed.
The Company to defend our western Frontier was given to Cap-
tain Waddell who had been appointed a Lieutenant in Colonel
Innes' Regiment sent to join the Virginia Troops before my^arrival
in 1754, and was there made a Captain, and finding him in his
person and character every way qualified for such a Command, as he
was young, active and resolute, I thought it for His Majesty's Service
to continue him in that station and in the late Expedition under
General Forbes upon sending out 3. Companies to the Ohio gave him
a Commission of Major to command those Provincials, where he had
great honour done him being employed in all reconnoitring 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 Du Quesne upon which they resolved to pro-
ceed. He has since with great gallantry acted against the Cherokees,
having given him a Colonel's Commission also to command the
Frontier militia to act along with the Provincials and has fully
accounted for all the money he had received until December 1759,
as entered in their Journals so that as to two of the Companies I
hope I am not to blame.
Upon the expedition to New York I sent over 4 Companies under
the Command of my son, and General Shirley then having the Com-
mand desired that I might appoint a Field Officer to command those
COLONIAL RECORDS. 283
4 Companies, and as my son had a command in the Regulars, and
was consequently the Senior Officer, I appointed him Major as di-
rected — the other three Captains were, Mr. M°Manus who had been
formerly a Lieut, in Innis' Regiment before my arrival, and had been
so diligent in recruiting as to raise the men in the Company he
served in with great dispatch, and as his Father had been an Officer
in the Regulars, I had upon Braddocks expedition made him Lieu-
tenant to my son's Company, and upon the New York Expedition
gave him a Company where he behaved so well, and was so beloved
of his men, as to merit preferment, and is now a Lieutenant in the
Regulars.
Colonel Grainger upon the breaking of the Carolina Regiment ac-
cepted of a Commission of Captain upon the New York Expedition :
He was a Gentleman of good fortune in the Province, the others I
had appointed had all come lately from Ireland, and therefore the
Country born as they are called here were displeased that any
Europeans should be employed I therefore to please them appointed
Grainger Captain but found him after his return no way proper for
an Officer, for all he proposed was making the most of his Company,
and having quartered his Company at Fort Johnston about 24 miles
from his place of residence, he neglected it, and when it was reduced
from 100 to 50 he discharged all the best men for money, and kept
in all the worst and unfit for service, and upon my changing his
Company to go to Fort Granville 100 miles from his residence he
threw up his Commission rather than leave his House, and left a
very bad Company to his successor Captain Paine; this therefore was
no encouragement for me to employ the Country born of interest in
the Province to make fortunes at the Publick expense.
Captain Arbuthnot nephew to Treasurer Barker made upon his
recommendation, having given him a Lieutenancy before", he was
originally from New England, but then resident in this Province he
in a great measure recruited by his Subalterns who were obliged to
advance their pay for that purpose which he never repaid them, the
Companies being broke in New York, and the men turned over to
recruit the American Regiment, he never returned to this Province,
nor accounted for the money advanced to him, sending home a lame
excuse that in passing a river he had lost all his papers and there-
fore could not account ; the other Captains returned and each of them
made up their accounts before the Assembly and were paid the bal-
ances due to them, but on the petition of his Subaltern against him,
Mr. Barker his Uncle by his interest as Treasurer got the Assembly
284 COLONIAL RECORDS.
to pay the Subaltern the money he had advanced, and he has never
accounted to this day, all which they wou'd lay to my charge. This
Captain afterwards got a Company In the New England Troops &
happened to command in Fort William Henry at the time the enemy
appeared before it, when he was seized with a panic and was con-
vulsed for some hours, he was accordingly relieved and immediately
recovered after quitting the fort, whether therefore Barker (who was
not ignorant of these disqualifications) in recommending him, or I
in accepting the recommendation are most to blame your L pB must
judge.
Captain Pane whom I appointed to succeed Mr. Grainger com-
manded with Major Waddell on the Ohio Expedition, as also in the
party who took the Indian and Squaw that gave us the intelligence
and was also out upon all reconnoitring parties, as General Forbes'
whole dependence for intelligence was upon the Carolina & Mary-
land Provincials, all others having failed in taking a Prisoner.
Captain Bayley who had been Major Waddell's Lieut: and a good
Officer, I promoted upon a vacancy to a Company, who always has
behaved well. These are all I gave Companies to except Captain
James Moore who was a young gentleman of one of the best Fami-
lies of the Province and who for one year commanded in Fort John-
ston, who was expert in military discipline and well beloved in the
Province ; these were all who had the command of Companies
since my arrival As to subalterns I was obliged to delay giving
Commissions for 6 weeks to get recommendations from Gentlemen,
many offered to take Companies, but few or none to take Subaltern
Commissions, and even when some were recommended and the
Commissions made out, they would not serve', upon which I gave
several Commissions to young Gentlemen who came from Europe
against whom I never had the least complaint, I therefore submit i
to your Lordships whether there has been the least foundation for
this inquisitive resolve.
2 nd Resolution. That His Excellency without any colour of Law
having appointed his nephew Mr. Spaight Paymaster to the Forces
raised in this Province by means whereof he has drawn Commis-
sions on several Aids granted to His Majesty for raising and pay-
ing the said Forces, the same has been a cause of rendering the said
Aids insufficient for the intended Purposes, and an obstruction to
His Majesty's service.
Answer. In respect to this Charge it will be necessary to observe
that before my arrival in this Province £12,000 Currency had been
COLONIAL RECORDS. 285
granted to raise and support a regiment under the command of
Colonel Lanes to act in conjunction with the Virginia Forces against
the French upon the Ohio, Mr. Innes was allowed 1 per cent for his
trouble in receiving and paying the sum allotted for these purposes,
notwithstanding which he appointed Mr. Murray the then Secretary
of the Province his Attorney to receive and remit him the pay of
the Regiment, who, as he was allowed no part of Colonel Innes'
Commissions, stopped for his own use 2J f! cent from the Officer's
and private men's pay without any allowance from the public.
When the money therefore was ordered into my hands to pay the
Troops and no Paymaster appointed, I thought my nephew whom
on my arrival I had appointed my private Secretary, and in whom
I could confide, the most proper person to issue it, and I then gave
him an Order to receive the Proclamation Bills from the Treasurers
that he might remit and pay the Troops agreeable to «ny respective
warrants, I must also observe that he stopped no Commissions out
of the pay of the Troops, nor did I myself make him the least con-
sideration for his trouble, but left it to the Assembly to give him
what they thought he deserved, and accordingly upon passing his
accounts they allowed him one per cent a sum equal to that which
was allowed to Colonel Innes, besides the 2| stop'd by Mr. Murray
from the Troops, and for which they brought suit against him. This
Transaction happened during the two years my nephew was private
Secretary, and nothing has been paid into his hands since he was
appointed Secretaay to the Province ; the force of this charge must
therefore vanish, as the 1. f>. cent he received was neither by my
Order nor my Appointment but was allowed to him as a quantum
meruit by the General Assembly.
3 rd Resolution. Resolved that His Excellency out of the Propor-
tion of the money coming to this Province by the Grant made by
His Majesty and the Parliament of Great Britain towards reimburs-
ing this & the neighbouring Provinces the expenses they have
incurred during the present war, in promoting the common cause,
having procured a payment of £1000 sterling, which has never been
accounted for, or any intimation given to the Assembly that it has
been applied for His Majesty's service or the benefit of this Country,
or to whom the said money was paid, the same has a manifest ten-
dency to frustrate the gracious and benevolent intentions of His
Majesty and Parliament .towards this Province.
Answer. In Order, my Lords, to answer this resolution fully and
to clear myself from the unmerited reproach thereby cast on me I
286 COLONIAL RECORDS.
must inform your Lordships that in the year 1755, when the Forces
of this Province joined the Virginians under General Braddock, we
had no means, having neither money nor credit, of paying our
forces out of the Province, but by buying up cattle and pork &c. to
send into Virginia to sell there, when the pork &c. came there, the
markets were so low, and there being little or no demand for it, it
was again reshipped for the Islands, and this disappointment occa-
sioning the pay to fall far short of what was necessary, I was obliged
upon my own credit with Colonel Hunter to take up money to pay
the Troops.
The next year 1756 when we sent 4 Companies to New York, and
the supplies to be remitted from hence were put under my directions,
I signed Warrants to Mr. John Campbell, the most eminent Trader
in this Province (of unblemished character and who has been chosen
speaker of the last Assembly) to buy up Provisions & Commodities
upon the best footing and send either to New York, if there saleable
or to the West Indies, where there was a better market.
This being the only method, th° attended with great delay, that
could be taken to pay the Troops, it was consequently necessary to
employ a Merchant of good credit at New York to whom the Com-
modities might be consigned or Bills sent to upon the Cargos sold
in the Islands, accordingly Mr. Hugh Wallace a merchant of an un-
doubted character and Mr. Campbell's Correspondent there was fixed
upon to pay the Troops. ,
After this when I found the difficulty and delays which attended
these remittances, as well as the necessity of having the Troops soon
there, and the men punctually paid I wrote to Gen 1 Shirley acquaint-
ing him with their distressed situation on account of our irregular
remittances and desired he would advance £500 sterling to pay them,
which should be paid out of the effects remitted to Mr. Wallace; he
accordingly upon my letter paid £500 into the hands of Mr. Wallace,
and took his bond for the money.
Upon my Lord Loudouns taking the command, and our remit-
tances still falling short, some of our Sloops, having been taken, and
the insurance not immediately paid, I was again obliged to apply
in like manner to his Lordship, who advanced the like sum of £500
and took the like security (Mr. Wallace's bond) for the repayment
of it,
Mr. Campbell punctually accounted with the Assembly for all the
warrants I signed in his favour upon that fund, but by the great
delay in the manner of remitting and settling the accounts between
COLONIAL RECORDS. 287
Mr. Campbell and Mr. Wallace, the whole fund fell short of the pay
camp necessaries Tents &c. not provided for, upon which the Gen-
erals made a demand of their money, and threatened to sue him upon
his bonds.
By this time the £50,000 was voted for the Southern Provinces,
upon which I wrote to Lord Loudoun who was then appointed to settle
the dividend between the Provinces to stop £1000. out of our share
of the dividend and clear Mr. Wallace from these bonds, but as we
have not yet received our Quote, of that grant, these bonds are still
lying over him, and as he advanced more money than the remit-
tances came to, he charged (in settling his accounts which never
could be done till last February) interest for those sums and gave in
a fair account vouched by Mr. Campbell, and by this account which
I delivered into the Assembty there appears due t<j Mr. Wallace
about £2000 York Currency, for he cannot give this Province credit
for the £1000 till the bonds (into which he entered as a security for it)
are discharged and which will amount if paid to about £1700 York
Currency exclusive of the other monie which he advanced. This
my Lords is a true state of the case, and your Lordships may judge
whether I have been in any fault, as I have been no way concerned
in it but by signing the Warrants which have all been accounted for
and passed before the Assembly by Mr. Campbell, can I then become
accountable for the £1000 sterling, which still remains unpaid, and
the Bonds not cancelled, nay further every Officer concerned upon
that expedition accounted upon oath before the Committee of Ac-
counts, except Captain Arbuthnot Mr. Barker's nephew, who pre-
tended to lose his papers in passing a river, and never returned into
this Province tho' his uncle by his interest as Treasurer passed his
accounts in the best manner he could without Vouchers.
4 th Resolution. Resolved that although the Governor has been
frequently addressed to cause an account of the monies that have
been paid to his Orders to be laid before the Assembly, the same has
not been done,#nd the account he has sent to the House this present
Session from Mr. Wallace a gentleman unknown to the Assembly
and in whom they never reposed any trust does not in any wise
tend to shew the application of the sums he has drawn out of the
Treasury.
Answer. The charge of this Resolve your Lordships will find I
hope satisfactorily answered by referring to my answer of the third,
though I can't help observing the flagrant absurdity contained in
it, that when the Troops were destined for New York I must have
288 COLONIAL RECORDS.
called the Assembly to appoint the person whom I should make the
remittances to, or otherwise have let the Public service suffer; No,
my Lords, the Grievance lys here that His Maj ty should presume
without the approbation & previous consent of the Assembly to em-
power a person to pay the Troops that money which was alone
granted to him and for his service, for it has been their sole aim to
encroach upon the Prerogative inch by inch as their phrase is, and
substitute in the room a kind of republican Government so preju-
dicial to the just rights of the Crown the liberties and true interest
of the People.
5 th Resolution. Resolved that His Excellencys practise in dispos-
ing of Royal Charters to several Counties to empower them to send
representatives at different but exorbitant prices under the denomi-
nation of fees to the Governor & Secretary is illegal & oppressive.
Answer. In respect of this charge as it doth not particularize the
different and exorbitant prices which were charged by the Governor
& Secretary, it is sufficient for me to reply that the fees were neither
different nor exorbitant, and I call upon the Junto and their adhe-
rents to name any particular fact in support of their charge, but
that I may avoid the imputation of intended delays and at the same
time submit the most minute circumstance of my conduct to your
Lordships scrutiny I must descend to particulars.
I presume that I am entitled by my Commission to all the usual
fees and perquisites due to other Governors ; that I have no Provin-
cial appointment as other Governors have, mine being from His
Majesty's particular grace & favour no charge upon the Province,
that I receive nothing from it but the usual fees due by licences;
and though by His Majesty's Instructions and Command I had
applied for a perpetual appointment to be settled upon me and my
Successors by the Assembly, as complied with in other Colonies, yet
no such appointment hath been made, and therefore it is but reason-
able that proper fees & perquisites should be paid. It is evident also
that in a Fee Bill passed by the late Governor, the Fees in most
cases particularly in Chancery were so diminished and limited that
a good clerk cou'd not nor even now cannot be procured, the Gov-
ernor's & Secretarys Fees also are reduced, and no Fees allowed for
the Great Seal, or other services not specified in the Act, and in a
subsequent clause a penalty is inflicted upon any person who shall
take a fee not specified therein, though this cannot affect the present
charge, for as no charters were then granted by the Crown, conse-
quently no fee was appointed for that service.
COLONIAL RECORDS. 289
As therefore I must have done injustice to my Successor as well
as to my own right, if I had not demanded a fee upon each Char-
ter, the only thing to be considered was what would be a quantum
meruit for so great a privilege from the Crown. I considered that
in Europe & particularly in Ireland, that the Fees paid by a single
Justice whose place was only during pleasure, amounted to at least
5. guineas besides Solicitor's fees, I therefore upon this service con-
sulted with the then Attorney General Mr. Robert Jones (who with
Mr. Barker moved this resolution against me) and told him I knew
not what fee to take upon granting a Charter to a County, and asked
him whether five pounds were sufficient. He said he thought it
was too little, and that I could not demand less than £10. this Cur-
rency, (which is in value 5. guineas, a guinea passing here for 40 s )
which would be a mere trifle to a County for such a Grant it not
amounting to a penny each taxable, and as he was then taking out
a Charter for Orange County, he raised that fee from the people and
afterwards paid me; since which time I have without any variation
charged the same upon every charter, of which I acquainted your
Lordships that I might readily acquiesce with your opinion con-
cerning it. He then paid me nothing for my secretary, nor did I
make any demand; whatever he has since taken for his service in
writing or sealing the Charter I can't be chargeable with, as no
complaint ever came to me against him, and he himself must an-
swer it. I am also informed by my nephew the Provincial Secre-
tary that he has cautiously avoided receiving any fee upon the
Charters tho' countersigned by him until your Lordships pleasure
be known, from whence I hope your Lordships will infer, where the
Assemblies endeavour to force Governors into a compliance of their
measures by limiting their Privileges that there is no just ground
for this resolution.
6 th Resolution. That the granting Licenses to persons to practise
the Law who* are ignorant even of the rudiments of that science is
a reproach to Government, Disgrace to the Profession, and greatly
injurious to suitors.
Answer. The insinuated censure intended by this Resolve will I
hope appear to be undeserved when I acquaint your Lordships that
to prevent my being teazed to license persons unknown to me, and
least such as were unqualified might be thereby admitted, I laid it
down as a rule that I never departed from but in two instances, that
I would never grant a license to plead either in the Supreme or
Vol. VI— 19
290 COLONIAL RECORDS.
County Courts until I had either a written or verbal recommenda-
tion from the Chief Justice, which not only eased me of frequent
sollicitations, but wou'd take off any charge against me if any im-
proper persons were admitted. The only two instances in which I
granted licenses without such recommendation were to Colonel
Ruddick a lawyer of long standing in Virginia, who had lands on
the northern frontier of this Province, and consequently had deal-
ings here, and upon his visiting me at Newbern some time after my
coming into this Government, he desired a license from me, which
by his long practise in Virginia and possessions in this Province, I
thought him entitled to, & without any recommendation from the
Chief Justice I gave him one. The other instance was a Gentleman
a long practitioner at Norfolk in Virginia who had obtained a power
of Attorney from Governor Tinker to sue for some lands he had a
right to by Colonel Bladen's daughter, which lay upon the boundary
line between Virginia and this Province, he therefore applied. to me
for a License to finish these affairs, which I thought reasonable and
granted it without waiting for the Chief Justice's recommendation.
I never swerved from this rule I laid down to myself in any other
instance, nay even since the Attorney General Mr. Child's arrival he
recommended to me -Mr. Lucas who came over with him for a Li-
cense which I refused until I received a recommendation from the
Chief Justice Mr. Berry.
But this charge to come against me, & that too from Mr. Jones
and Mr. Barker doth not a little surprise me, as the one was bred a
Weaver, the other a skipper of a new England Bark, and afterwards
a hackney clerk in this Province; I mean not this by way of re-
flexion, my Lords, but I think their mean education, and meaner
original would be motives, if duly reflected on that would induce
them to assist rather than discourage others of equal parts th° under
similar disadvantages in the obtaining of Licenses, were they even
like them to aim at being Associate Justices.
I must further inform your Lordships that I never yet exerted the
power which my Predecessor Johnston did in withdrawing his license
<fe silencing the Lawyers at his pleasure among whom was Mr. Hodg-
son the then speaker and Mr. Sam 1 Swann the present one a candi-
date also for the Assistant Judges place, and who as the vaunted
opponent of every administration was suspended from practising
several years; had I exerted this Power the Junto would have im-
peached me and at least made it a premunire if not a misprision of
Treason against the Triumvirate.
COLONIAL RECORDS. 291
7 th Resolution. Resolved that the taking 4 pistoles for the Gover-
nor's and his Secretary's fees on such Licenses is expressly contrary
to an Act of Assembly.
Answer. In regard of this charge which insinuates that the fee I
received on licenses was the sole view of my granting them, I must
refer your Lordships to my answer of the former Resolution as to
my right. Moreover I must observe that it was the constant usage
before my time even since the passing of the Fee Bill to take a
guinea for each license for which I only took a pistole, an exorbitant
charge upon the lawyers whose usual retaining fee in Chancery is
£10. sterling instead of £3. Currency given them by the Act of As-
sembly. I must further observe to your Lordships that since my
entrance into this Government I never received a payment in gold
or silver except those pistoles for the law licenses & four pistoles for
granting a Commission to a Privateer from this Province, all other
payments being made me in paper Bills at near 50 p. cent discount
& further that this exorbitant fee in the whole six years of my resi-
dence here has not amounted in the whole to fifty pistoles, as will
appear by a paper herewith sent by my Secretary of all the money
received by him for me from June 1757, the time when he came into
my service till this date, the amount about 33 pistoles, and before
that time there were not admitted above 8. or 9. as few demanded
licenses for some time after my arrival. As my nephew when Sec-
retary to me never exceeded half a pistole for a single license
and frequently not above shillings 8 pence I never enquired into,
knew, nor expected to hear that my present Secretary ever took more
until I was informed of it, sitting the last Assembly, upon which I
severely reprehended him and ordered him to receive no more than
the accustomed fee and to repay the overplus he had taken. You
will find my Lords, by the inclosed paper the excuse he would make
m6 for his conduct, as well as an endeavour to show that it was not
the intention of the law to deprive people of fees for services that
were done though not specified in the Act, and that such was the
opinion of Samuel Swann the Speaker one of the Junto who agreed
to this resolution, but this is digressing from the present purpose
which is to justify my own conduct. I therefore hope my Lords
from what has appeared that you will not think me avaritious or
exorbitant in taking a pistole for each Attorneys license, and that I
shall stand acquitted of blame for that which my Secretary hath
done unknown to me, as no complaint ever came to me against him,
besides if he is faulty he is subject to the penalty of the act, and I
292 COLONIAL RECORDS.
shall let the law take place against him without giving him my
protection.
8 th Resolution. That tho' the Governor was addressed by the Assem-
bly in June last to take necessary measures to suppress the several
Mobbs & insurrections which for many months in open violation of all
law have with impunity assembled in great numbers in different Coun-
ties, erected sham Jurisdictions and restrained men of their liberty,
broke open Goals, released malefactors, dug up the dead from the
Grave, and committed other Acts of Rapine and violence, no effectual
steps have been taken to check the torrent of their licentious extrav-
agancies notwithstanding their having repeated those outrages, but
on the contrary some of their principal leaders & known Conductors
have been preferred to the Magistracy, and honoured with Commis-
sions in the Militia, whilst on the other hand Gentlemen of unex-
ceptionable characters and distinguished worth, who had filled those
offices with credit, and whose conduct in the discharge of their
respective functions had been justly rewarded by the approbation
and applause of all who were witnesses of their publick deportment
have from groundless prejudice and unreasonable caprice without
Complaint or accusation against them been abruptly displaced,
whereby magistracy is fallen into disgrace, Courts have lost their
influence & Government its dignity, and life, liberty & property is
rendered precarious and without a speedy establishment of Courts
of Justice on a respectable foundation, and appointment of Justices
of the principal Courts on such terms as Gentlemen of suitable
abilities may accept such appointments, without apprehension of
being misplaced but for misconduct the Government will be in no
less peril from its internal enemies, than from the depredation of
savages on the Frontier settlements.
Answer. In respect of this pompous Resolve so replete [with] op-
pression and mal administration, I must beg leave to enter into a short
detail of the rise and cause of the riots complained of, in order to prove
that the Governor and Council have neither been the cause of those
northern disturbances so mightily magnified, nor have been negligent
when applied to in the suppression of them, and shall afterwards
answer the conclusive part of the charge of turning out and putting
in of Magistrates and militia Officers so greatly complained of.
I must first observe that these Mobbs, Riots and Insurrections
terrible as they are described were all confined to Lord Granville's
northern district, and that all the outrages complained of were lim-
ited to the Counties of Granville & Edgcomb from which Halifax
COLONIAL RECORDS. 293
has been taken off since except in the instance of going to Chowan
to carry up Mr. CoTbin his Lordship's Agent prisoner to Edgcomb
the chief part of the great Insurrection.
But to lay open the cause and spring of that Mob I am under a
necessity of hinting at part of the management of Lord Granville's
Agents as well in England as in this Province. Mr. Child and Mr.
Corbyn were joint agents to His Lordship in this Province when he
was formerly Attorney General and acted in concert to make the
most they could of the Fees and Perquisites in His Lordships Office
for their own emolument at the expense of the people by which
means they procured great sums to themselves but little for his
Lordship. Lpon his return to England he fixed the plan of opera-
tion with Mr. Corbin, & deputed his place to Colonel Innes who
lived at a distance at Cape Fear, and upon his giving him an annual
allowance he was to go to Edenton at appointed times to sign the
deeds and receive the fines, and was no further let into the private
agreement between Child and Corbyn, upon Child's return to Eng-
land he was to represent all things to Lord Granville, and Corbyn
was to act by his directions. He then to acquire a greater share of
his Lordship's favour acquainted him with the great sums the Agents
got for granting of lands, upon which his Lordship took all the fees
into his own hands, and fixed annual salaries upon his Agent, which
lessened the Agents profits, upon which Innes would not pay Child
the stipulated allowance, this occasioned small returns to his Lord-
ship, as Child stopped the money he remitted to his L dp to pay
himself what Innes was to allow him. He then; by his Lordship's
allowance turned out Innes and got Mr. Wheatley the naval officer
appointed in his place for which he got bonds from him for £1,000
at least and he was instructed to oblige Corbyn to sign bonds to his
Lordship to execute his trust and account and paj r for the money
received, he also sent over a Table of Fees to be put up in the Office
to let the Tenants Know what they were to pay, as several Fees were
taken unknown to his Lordship, & some of the Tenants paid more
than usual which had caused great complaints amongst them. How-
ever Child managed so with Corbyn that he got up the bond from
Mr. Wheatley and kept it without perfecting it, and the table of
Fees was not set up in the Office, nor any remittances of conse-
quence sent to his Lordship, upon this Child got Wheatley turned
out, and transferred his Mortgage to Mr. Bodeley from whom he got
about £2,000, and other presents of great value, and got him ap-
pointed joint agent with Corbyn, with instructions to call Corbyn to
294 COLONIAL RECORDS.
account, at the same time Child advised Corbyn not to account with
him but delay it till he (Child) should come oVer, and at the same
time directed him to make a party against the Governor's adminis-
tration, and by a division being kept up between the Agents he
could thence infer the necessity of his Lordships sending him over
to settle his affairs, by these intrigues little money was remitted to
Lord Granville, & great complaints were made by the tenants for
unusual and extraordinary fees taken upon Surveys & Grants, above
double of what were taken in the King's district, thejSurveyors &
Understrappers demanding fees even to be admitted to Corbyn to
make their entries, or to be heard, in which he went snacks, Colonel
Hayward being the Chanel through whom those demands were
made, many double entries made & exorbitant sums taken to give
the preference, these and many other abuses having irritated the
heads of the Tenants, they applied in those Counties to their neigh-
bour Robin Jones then His Maj ty8 Attorney General to know how to
be relieved ; he advised them to petition either the Earl or the As-
sembly to take their case into consideration but as he was Attorney
General he could not appear publicly for them, but he would pre-
pare or alter any petition they should get drawn, for which it is
probable he was well paid, as they entrusted him with their whole
Grievances, hitherto there were no riots.
In December 1758. they preferr ed this petition to the Assembly,
and his friend Mr. Barker another of the Junto was made chairman
of the Committee, and they finding it more for their Interest to
make up matters with Corbyn, against whom the greatest charge
was laid, they changed sides for a valuable consideration, and by
the report of the Committee they had no redress, Corbyn was then
obliged to produce his Table of Fees, but as great abuses were
charged against Hayward and his sons and other Understrappers
and no redress received nor money returned the Ferment increased.
During this Tryal Hayward returned home, and in two or three
days sickness died unexpectedly, and was buried privately. The
Petitioners thought this was a trick to avoid his being prosecuted,
and therefore went in a body to open the Grave, and finding his
body left it there satisfied. This is the whole riot of di gging up
graves.
Nothing more happened till after the Session when in January
1759 the Petitioners having had neither redress nor their money
unjustly taken from them returned, a number of them I believe
about 20 went from Edgcomb to Corbyn's House near Edenton, and
COLONIAL RECORDS. 295
obliged him in the night to go along with them in his own chair to
Edgcomb where he held an office & there obliged him to give a
security or faithfully to promise to return at the following spring
Court, and to refund all the fees unjustly taken from them & then
released him and let him return home along with the other Agent
Mr. Bodeley whom they had detained until they brought up Corbyn
in Custody.
No complaint of this treatment was made or any examination
taken, the application was made to Corbyn to give them and to
prosecute, nor had the Governor or Council any account or letter
about it, nor did the present accuser Robin Jones then Attorney
General who lived in their neighbourhood take or order any exam-
ination to be taken, though it was his duty and every adjoining Mag-
istrates to have ordered prosecution — but soon after the Petitioners
who were advised by Robin Jones, & probably he had taken a fee from
them to petition, apprehended, & most think with Justiqc that he-
had got a large fee from Corbyn as a lawyer against them, arfd some
of them vowed, as it was said, his destruction, and would not let
him plead in the General or County Courts and frightened him so
that he always carried pocket pistols about with him.
In May 1759. Mr. Jones attended the Sessions at Newbern, and
appeared before me in Council and made oath of these proceedings,
& said that unless a Proclamation was issued and a reward given to
discover these rioters, there wou'd be no safety in those Counties. I
then sent a message upon it to the Assembly to enable me to give a
reward which they addressed me to do, upon which a Proclamation
was issued and Mr. Jones carried it along with him to distribute in
that neighbourhood, some persons were afterwards committed, and
I heard afterwards the Jail was broke open and the prisoners set at
large, and all these things happened before the laws were repealed,
or promulged, and no Prosecution made against them ; Corbyn in-
deed after this ordered a prosecution, but afterwards countermanded
it, as Mr. Child had advised him to stop^ it saying if it came upon
Tryal he (Corbyn) would be the sufferer, as he had done things he
could not justify, and the fault would be laid to the charge of his
Office.
This is the whole of these formidable riots and insurrections in
the Province, and I cannot see how any fault can lay against the
Governor & Council, when no complaint is made to them, so that if
any neglect has been it must be imputed to Mr. Corbyn & Jones the
Attorney General whose duty it was to prosecute, and not to the
296 COLONIAL RECORDS.
Governor & Council, as no other notice was given by affidavits or
any thing known of those riots but by flying reports of which the
Government can take no notice.
As to the second or conclusive part of this Resolve to wit that
some of their principal Leaders and Known Conductors have been
preferred to the Magistracy & honored with Commissions, and that on
the other hand Gentlemen of unexceptionable characters have from
groundless prejudice without complaint or accusation been abruptly
displaced, I deny the charge, & defy them to produce an instance to
prove it, though I must observe what doubtless will readily occur to
your Lordships that upon my arrival I was an utter stranger to the
persons and characters as well of those that were in the Magistracy,
as of those that were qualified to be admitted into it, & must there-
fore take & rely upon the recommendations and informations of
others — Your Lordships will also allow that in infant colonies & new
created counties where the first settlers chief concern is to procure
food, ctothing and decent lodging that very few have time to read
and qualify themselves for being magistrates and that many Justices
are wanted, & as ex quovis ligno non fit Mercurius thus situated I
laid it down as a rule to obey my instructions in appointing no Jus-
tices but in Council, and by their consent, and when any were
appointed always took the recommendation of some of the Council
when they knew any qualfied or of the Members of the respective
Counties, or of Gentlemen of the neighborhood of the best Fortunes &
characters, I also laid it down as a rule I never swerved from, and defy
them to produce an instance to the contrary, that I ever removed one
Justice without the advice & consent of the Council and can't recollect
any one instance of a Justice removed by the Council but one, un-
less it was upon account of their not qualifying, & taking the oath
of Office and having their names in the Commission only to excuse
themselves from other services, or upon their removal out of the
Province or County where they resided, for the rule laid down in
Council was when any Complaint or want of capacity appeared then
to summon the accused party to attend the next Council, and to de-
termine upon the hearing, and if the summons was served and they
did not attend it was taken pro confesso, and he was dismissed ;
though I must also observe that as they are only made during plea-
sure the Governor in Council has a right to strike any out of the
Magistracy without a hearing by virtue of his Prerogative, in case
he be found acting contrary to the duty he owes his Majesty or coun-
teracting his just measures.
COLONIAL RECORDS. 297
The only instance which can be given of a Justice being agreed
to be turned out by me in Council without any charge of injustice
having been imputed to him was in agreeing upon my Application
of turning out John Starkey Treasurer of the southern district from
being a Justice of peace for Onslow. This old Gentlemen my Lords,
not less in appearance than in principles, is a declared Republican,
and by professing those principles had gained a great share of popu-
lar applause, and had upon all occasions endeavored to bring acts
or clauses to restrain or lessen His Majesty's Prerogative, his con-
stant schemes and declarations being to gain from the Prerogative
by small and imperceptible degrees, and that by slipping in, if not
closely attended to, occasional Clauses into useful Bills. Added to
this was a constant opposition to everything that was asked or
claimed as a right or Privilege in the Crown, an Instance of which
as it is a very recent one I shall mention to your Lordships — His
Majesty upon sending over a Train of artillery with all the Ord-
nance stores of above £3000 value had commanded me to appoint a
storekeeper who was to correspond with the Board of Ordnance, &
who gave £3000, security for his place; His Majesty in Council also
commanded me to apply to the Assembly for a suitable appoint-
ment for him, which I accordingly did for £40. p. annum the usual
salaries allowed in Europe, this recommendation John Starkey His
Majesty's Treasurer opposed in the Committee and the House and
said he could get it taken care of for £12. p. ami : which was with
great difficulty allowed to the Gentleman (who was well qualified
for such a trust) he was obliged to lodge the Stores at Fort Johnston
which was not quite finished, nor had it at that time a Garrison to
defend it, and with this salary it hath continued for some years,
upon which in last December Session I applied again to Starkey and
charged him as His Majesty's Treasurer and as he had opposed it
before, in case he did not use his influence to comply with His
Majesty's recommendation, that I would resent it and use him as he
deserved ; this he neglected and said as they had refused it before
they would not agree to it, upon this I stated the whole case in
Council & the}' unanimously concurred that he was unfit to enjoy
any favour from the Crown, and left it to me to dismiss him or not
as I thought proper, upon which when I saw him I told him he was
no longer a Justice of the Peace for Onslow County, though I did
not issue another Commission ; I also my Lords, dismissed him from
being Colonel of a Militia Regiment which was entirelv in my own
power without the Councils Concurrence, & I thought the reason for
298 COLONIAL RECORDS.
my doing it justifiable, since as Colonel he never appeared in arms,
and at the times of Musters when it was his duty to have had the
men exercised and to have seen them regular in their accoutrements,
he was with his account books calling the men out of their ranks to
settle their accounts and discharge their demands, for as he has
a considerable fortune chiefly acquired by his having been exec-
utor or Administrator to Orphans estates that together with his
false popularity secures many both debtors & dependants, a man
thus disqualified for every kind of military employment how could
I consistent with my duty continue a Colonel of the Militia, which
at this juncture especially I know not how soon I shall be forced to
put in action ; for these reasons my Lords as well as for political ones
I think myself justified in depriving him of His Majesty's favours
even before 1763 when the temporary Act will expire wherein the
clause of his unlimited time of being Treasurer was class'd in
through inadvertency, it being a perpetual clause added to a tempo-
rary Law and from whence may be justly inferred the necessity of
never suffering a tack to an Aid Bill which they always endeavor to
push when a supply is wanted on an emergency.
The other instance they hint at in dismissing Magistrates and
Colonels of Militia is I suppose Mr. Corbyn, whom I turned out
from being one of the Assistant Judges & Colonel of the Chowan
regiment — The case, my Lords, was this. Mr. Corbyn had soon
after my arrival in the Province wrote a letter against me to Lord
Granville, complaining that I had granted Patents upon Lord Gran-
ville's lands, though he himself had always attended the Court of
Claims where all Patents were granted, and therefore knew the accu-
sation was false, Lord Granville upon his letter acquainted me with
his Complaints, and desired me to recall such Grants if perfected;
this accusation surprized me, and the first time I met him in his
Council I charged him with it, he denied the charge & said he had
never made such a complaint, upon which I had his Lordship's
letter read in Council, he still persisted in the denial & said he had
the Copy of the letter at home which he wrote to my Lord to show
that what my Lord had wrote was false, I then charged him in
Council to produce that Copy, upon which I sent an attestation
under the hands of the Council to His Lordship that I had never
granted such patents, and that Corbyn owned I had never made
any such to his knowledge. This affair lay open to the December
Session 1758. which was held at Edenton within 2. or 3. miles of
Corbyns residence, and Mr. Bodeley one of his Lordship's Agents
COLONIAL RECORDS. 299
having informed me that notwithstanding what he had said, that
he (Corbyn) could make it appear that I had granted deeds upon
his Lordship's estate, and had persons to prove it, I had it again
brought before the Council, and had the person he produced exam-
ined upon oath, he said he had. heard of a man who had such a
patent, but had not seen it, and upon examining him, he being a
Surveyor, where the lands lay, he said it was to the westward be-
yond the line which was run out by the Commissioners, where no
line was fixed, he was then asked whether some of the lands which
were in the southern part of that imaginary line in His Majesty's
District had not been granted by deeds from Lord Granville's Office;
he said he believed some of the lands were granted from Lord Gran-
ville's Office, and thus ended that enquiry.
Upon this I again told Corbyn he had frequently engaged in the
Council to produce the Copy of his letter to Lord Granville against
me to show that what his Lordship wrote was false, he again af-
firmed that he had it and would produce it as soon as he went to
his house I told him I insisted upon it and if he did not produce
it to make his veracity appear, he ought to be suspended from the
Council for his Prevarication. He went home & returned once or
twice without it, and said he had forgot it, but engaged again to
bring it; thus he delayed to the end of the Session, upon which as
he was to carry home some Company with him I told him if he did
not send it to me or bring it the next day he had no veracity & was
not to be trusted, and he must take the consequence upon himself — It
not being thereupon produced, for I dismissed him from being Col:
of the regiment and from being one of the Associate Justices, and
to shew that it was not disrespect to Lord Granville, I appointed his
other Agent Bodeley Associate Judge, and gave his Commission in
the Militia to the Lieutenant Colonel of which I acquainted Lord
Granville, and told him if he had not been his Lordship's Agent I
shou'd have also by the consent of the Council have suspended him
from the Council upon account of this and other Misdemeanors as
a Member of the Council.
As to that part in which I am charged with preferring the prin-
cipal Leaders of those terrible riots to the Magistracy, I can only say
it is one amongst the many falsehoods that compose this Resolve.
I am at a loss to suggest whom they even hint at, unless it is Mr. Alex-
ander McCulloh the late Deputy Auditor who was a Justice of the
peace long before my arrival, and whom I appointed Colonel of the
Edgcomb Militia; this Gentleman indeed happened to be surrounded
300 COLONIAL RECORDS.
by the Mob of petitioners and their friends, who had all got drunk
and had gotten Mr. Bodeley one of Lord Granville's Agents in their
Custody whom he was endeavoring to relieve upon this some of the
drunken crowd thrust a Bible into his hand and would oblige him
to swear the party to what oath he wanted to take, and forced him
to hold the book in his hand until the party swore to something he
would not attend to and was glad to make his escape after Bodeley
who had luckily got out of their hands, and this was what Mr. Jones
the Attorney laid to his charge as a crime, and thence inferred that
he advised with and was the conductor of the Mob, but of this no
Complaint was ever regularly made.
10 th Resolution. That the Books, Records and Papers of the Sec-
retary's Office being lately by the Governor's Orders removed to Cape
Fear near the southern extremity of this Province renders it ex-
tremely expensive & difficult for the generality of the People to have
the necessary recourse to that Office.
Answer. As the removal of this Office is one of those few Truths
contained in these inquisitorial Resolves I must in some measure
observe upon the Inconveniencies & Conveniencies of such a pro-
ceeding whereby it will appear how far I may be justified in the
opinion of your ■ Lordships. In respect of the inconveniency it is
necessary to premise that the Act for fixing the seat of Government
was repealed by his Majesty, and that no edifice or building hath
been yet erected for keeping the Public Records. It is also notori-
ously evident that the unhealthy situation of the Town of Newbern
deprives it of the least claim to such an advantage, as appears by
the unanimous vote of the Assembly now upon their Journals, to wit,
that the Town of Newbern upon account of its being an unhealthy
situation was improper for the seat of Government, Besides this
unanswerable objection I myself was under a necessity of leaving it,
for exclusive of the want of every necessarj^ convenience, I was ap-
prehended to be dying upon account of the unhealthiness of the
place and as the shell of a very good house situate on a healthy soil
near Brunswick on Cape Fear River was offered me I removed
thither where under God my health is re-established. Besides when
the emergency of affairs requires the speedy calling of the Council,
I was under the necessity of sending Expresses 100 miles north and
south which took up three weeks before I could assemble them, and
too frequently rendered the result of their meeting useless & inef-
fectual. In respect to the convenience I must observe that Wil-
mington to which the Records are removed is the most opulent town
COLONIAL RECORDS. 301
in the Province, that it is situated on the River of Cape Fear whose
Trade and navigation is more extended than any other, and tho' its
situation is not absolutely central in respect to the whole Province,
yet it is totally so in respect of His Majesty's District, the inhabit-
ants of which are the persons chiefly interested in this Office, be-
sides this place is 30 miles from the southern Frontier the same dis-
tance as Edenton is from the northern Frontier, where in the time
of my Predecessor Johnston the Courts and Records were kept, but
then the northern men complained not, another Convenience, and
that a very material one too, is whenever a Counsel is required I can
call them together in two clays time, a Quorum of them residing
near it, which together with the Lawyers that attend the Court of
Chancery living in and about the Town enables me to hold that
Court at pleasure and thereby renders the Business of it more regu-
lar and easy to the suitors.
These were the reasons that induced me to remove this Office, and
if it be admitted (what cannot in truth be denied) that the Secre-
tary's Office together with the Records ought to be as near the seat
of Government as possible, & that there is no seat of Government
yet fixed, where then cou'd I fix the keeping of the Records and
Papers but at Wilmington, a place in every respect so advantage-
.ously circumstanced, I therefore hope in doing it to be justified by
your Lordships.
13 th Resolution. Resolved that it is the opinion of this Committee
that the not granting a writ of Election for Tyrrel an antient County
till after the present Assembly had sat and passed several Bills, and
the granting another to Bertie County for fewer Members than they
usually have sent to the Assemby is a manifest infringement on the
rights of the subject, and tenders to endanger the Constitution.
Answer. This old County of Tyrrel, my Lords, was a five Member
County, not established as the four first Districts were under the
Proprietors at the first settling the Colony to make up a sufficient
number to form a house, but was erected by Act of Assembly to
which five Members were granted and was one of the Counties in
the Act repealed in 1754 and I was instructed after an Act had
passed to re-enact and erect those Counties again reserving the power
of sending Members to the Assembly until that right should be
granted them by Charter from His Majesty — All the other counties
took out Charters and therefore had writs sent to them to elect Mem-
bers, but Tyrrel, I suppose by means of the Attorney General who
told them they had a right to send Members without a Charter, re-
302 COLONIAL RECORDS.
fused or did not apply to get one, and therefore I issued no writ for
that County; upon this advice however the Freeholders met and
without a writ insisted the Sheriff should hold the Election, which
he prudently refused having no authority for so doing, — Upon this
they obliged a constable to hold the election, & chose five Members
who knowing it was illegal did not attend at the meeting of the
Assembly. Upon hearing this I sent to let them know that if they
would take out a Charter pursuant to my Instructions, I would grant
them the Privilege of sending five members which they accordingly
complied with, upon which I sent a writ and they were duly elected
and returned. But this is of a piece with the Attorney Child's
other proceedings to accuse me for adhering to His Majesty's Instruc-
tions and supporting his just prerogative in the granting of Charters
and the issuing of writs. The other part of the accusation in grant-
ing a writ only for electing 2 Members for Bertie, instead of 3. which
they formerly did I answer thus. Bertie County was formerly a five
Member County erected by an Act of Assembly, and was also one of
those Counties dissolved by the repeal of the County Acts, but after
its first erection when it was allowed five Members Northampton
County was erected and taken out of it, and by that Act two of the
5 Members were taken from it and granted to Northampton, and
they afterwards sent only three Members. Last winter for the con-
veniency of the 3 neighboring Counties of Northampton Bertie, and
Chowan a third part was taken from each County, and a new County
was erected and called Hertford County, and as 2 Members were to
be given to that County by Charter, the County of Bertie agreed to
give up a Member for their separated third part, and accepted a
Charter for two Members & accordingly a writ issued for two Mem-
bers for Bertie. But after the Meeting of the Assembly upon the
Attorney and his Junto's making this a pretence for a cavil, upon
reviewing my Instructions observing I had a power to regrant by
Charter all their former priviledges, I gave them without a fee or
reward a further power. of sending a third Member.
Your Lordships will therefore consider whether I am to blame in
adhering to his Majesty's Instructions and supporting his Preroga-
tive against his Attorney General Child and his Junto who wou'd
have Counties send Members without either Charter or Writ ; but
by the almighty power of the Junto who ruled the Assembly.
14 th Resolution. That the diversity of the Forms in writs of elec-
tions issued to different Counties, some of which direct the Freehold-
ers and others the Inhabitants in General to choose, by which last
COLONIAL RECORDS. 303
form servants and even Convicts, may elect is repugnant to the Royal
Charter of King Charles the Second by which it is directed that Laws
shall be made by the consent of the Freemen and their delegates.
Answer. In answer to this I must observe that upon the repeal of
these and several other Laws which depended upon them, I was at a
great loss how to issue the writs as the Law for Freeholders to elect
was then repealed, and therefore I thought myself obliged to follow
the first and second Charters of the Colony, which power was lodged
in the Freemen of the Colony or their delegates, and as I did not
advert to the distinction made between Freeman and Inhabitants as
my intention was that all free inhabitants should be Electors, until
a proper law should again fix it to Freeholders, whether it was by
Inadvertency that the word Free was not inserted I can't tell, but
it is false so far as to say that some Counties had writs for Freehold-
ers and some for the Inhabitants at large but one of the County elec-
tions (Granville) having broke up without making any return, it
was inquired into by the Assembly, and I was addressed to issue
another writ, and upon better information I ordered it to be directed
to the Freeholders, so that they were all at first the same with only
that single variation, and if this was a fault it proceeded only from
inadvertency or omission of the Clerk not putting in the word Free
before inhabitants ; but I think the complainants Child, Barker and
Johnston, three Lawyers, ought not to have complained, for they were
chiefly elected by sailors or such Inhabitants who were not Free-
holders, for had only Freeholders voted another sett of men had
been elected, which surely was no sign that I wanted to new model
the Assembly in my favour, which in other words was to serve the
Government and to oppose Cabals and self interested Jobs.
My Lords having answered these inquisitorial Resolutions so far as
they relate to myself I shall refer your Lordships to my nephew the
Secretary for the other two Articles framed with a view to get him
removed and one of the Triumvirate appointed in his room. I thank
God there is not any colour of truth except in the whipping of
Thomas Core which is greatly aggravated, and though in a passion
he was undoubtedly wrong to whip a person, notwithstanding he
had in writing abused his wife, yet he did it not under any authority
derived from his station, and consequently can in no wise effect him
as Secretary, for if he hath transgressed the law, he is still subject to
the penalties of it.
But as the Resolution against our President the late Chief Justice
Hasell appointed by me with the Concurrence of the Council after
304 COLONIAL RECORDS.
Mr. Henley's death is intended to wound me through his sides for
appointing an improper person, I shall only say that I found him
Chief Justice and one of the Council at my arrival, and continued
him as such till Mr. Henley came over — Upon his Death I then con-
curred with the Council in re-appointing him, and during the time
of his being Chief Justice there was not any complaint ever made
against him, as to the complaints about the Clerks fees he only fol-
lowed the precedent given to him by Mr. Henley in dividing his
Fees with his Clerks instead of taking the whole and allowing them
salaries.
Upon the whole I believe this great Fabriek they have erected to
accuse my administration will appear to be but slenderly supported
as it is carried on only by the intrigue, heat and passion of the
Junto who were disappointed in the scheme of being Judges, and
who in consequence joined with the Attorney Child I may say in a
secret conspiracy right or wrong to raise a flame against me in order '
to have me recalled without a hearing, and their new patron placed
at the head of affairs, from whom they expected great matters, as
he had promised to obtain for them every lucrative post in the Gov-
ernment. To render this scheme further successful an address was
framed by my designed Successor, who prudently kept out of the house
whilst the Farce was transacting, in the most artful language in his
power calculated rather to inflame the passions than affect the reason,
as it consists of no more than a recital of those false accusations
contained in the foregoing resolves, which renders it unnecessary
for me to trouble your Lordships with my Animadversions on it
except in one instance which carrries with it an accusation I am not
heretofore charged with, to wit — That it was notorious that the true
reason of the Councils rejecting the Aid Bill in May 1759. and of
the Governor's Displeasure with the Assembly, was because one Mr.
Smith his own private Attorney in London had not been proposed
by the Assembly for that Appointment.
As I cannot remain silent under so false an accusation, I must
previously beg leave so far to intrude upon your Lordships patience
as to recapitulate some things which I before mentioned to your
Lordships in my letters in Spring 1759. after the December Session,
when the old Junto had begun the grand scheme of dividing the
Bear's skin, the dividend of our share of the £50,000 amongst them,
and taking it out of the hands of the Governor and Council, and
lodging it in their own without leaving it in the power of the Gen-
eral Assembly to distribute it in such a manner as His Majesty
COLONIAL RECORDS. 305
might think for his service, & the good of the Province to have it,
expended in ; for this purpose a select Committee of Correspondence
was to be named by the Junto in a Corner of the Province, & one
or two more were to be added who lived at a distance, & who con-
sequently could not meet the others so that the whole distribution
was to be in the hands of the Speaker and two of his nephews, his
brother, John Starkey, and Mr. Barker the other Treasurer, who
though in the general scheme was at such a distance as not to join
in the Correspondence, and Robert Jones who projected the whole
tho' equally concerned in the spoil, was not to be named in it; to
compleat their scheme a proper Agent was to be appointed to receive
& remit the money to them in Specie who was to be connected with
them and was to correspond with them only, and they were only to
be accountable to the Assembly which they then ruled, and would
much more when they had the disposal of this Dividend in cash
among their friends, so that the Government, the Governor & Coun-
cil, were to be entirely excluded from any power over the money in
the manner of laying it out for the good of the province, & I as
Governor had nothing to do but to sign Warrants to the Treasurers
to pay Cash to whomsoever they pleased. The intended plan was
to apply almost the whole sum in paying off the paper Bills of
Credit as well the Treasurers notes as the former Proclamation Bills,
& under the specious pretence of raising the Credit of the paper
Currency the publick was to have only the benefit of paying them
off at 33£ and the Junto with the Cash was to buy up the paper
money at the present discount which is now raised to near 190£ so
that about 56 p. cent was to be divided amongst the Junto & Treas-
urers, who were besides to have poundage upon it, and probabty as
a cloak a few of the friends of the Committee might be allowed
some pari at a somewhat lower discount; Thus was the spoil to be
divided after Commission, Insurance, Freight &c. from England
were deducted, & in 2 or 3 years the whole Cash would be carry'd
back again to Britain to answer their debts there, and to procure
more goods for this market, so that when they had paid off and
burned a considerable part of the Paper Currency, raised the price
of the remainder, as there would not be sufficient to answer the
inland Demands of Trade, they would then be petitioning for a
further emission. This, my Lords, is a true state of the case, and
to accomplish this Mr. Abercrombie who had been closely connected
with the Speaker, and his friends in the former Committee, & to
Vol. VI— 20
306 COLONIAL RECORDS.
whom the Committee owed between 3. and 400ft> sterling, and who
had got warrants from me sufficient to pay his whole appointment,
but was sunk in the pockets of the Speaker, Starkey &c. to whom
it was paid by buying up bad indigo & charging it at a high price
tho' sold for a low one in London, and some still remaining in the
Speaker's hands, Mr. Abercrombie, I say, was to receive & remit
this great sum after paying himself the ballance due to him, he was
also to have an allowance of £200. *$ aim: whilst he was Agent
besides contingent charges, and he was only to correspond with that
Junto, in which the Governor & Council were to have no Cognizance
and this Junto only accountable to the Assembly. This was the
plan which I was to defeat, and our first speaker a friend of Mr.
Smith's who being ill and obliged to resign the chair, named him
in Opposition to the Junto, but could not be attended to, however
this Agency so well concerted was cunningly class'd into the second
Bill for fixing the seat of Government which was thrown out in
Council, and their scheme thereby defeated.
In Spring 1759, Mr. Secretary Pitt having intimated his Majesty's
•commands to procure a further supply to assist in the attack of
Canada &c In pursuance of His Majesty's command I held an
Assembly in May 1759 and as Mr. Pitt had engaged to apply to Par-
liament by His Maj ty ' 8 Order to reimburse them for any future supply
as they should hereafter appear to merit, and that upon their fixing
an Agent in concurrence with the Governor & Council, he would
order payment for the share of the dividend of .£50,000 and their
further expense against Fort Du Quesne, they thought they could
then fix their Agent, & go on with their plan in spite of the Gover-
nor and Council, and for fear they should not carry the person they
wanted in a separate Bill, they tacked it to the Aid, and so clog'd &
brought it in so late as to be of no service to His Majesty, and there-
fore was thrown out by the Council, for the rejection of which I have
your Lordships, approbation 1 st August 1759, to which and my for-
mer letters I refer your Lordships, so that Mr. Smith's name was not
then brought upon the Tapis.
Indeed before upon the Assembly voting Mr. Abercrombie to be
Agent and appointing him a salary by their own power without con-
sent of the Governor & Council, they on the other hand in opposi-
tion to their resolution appointed Mr. Smith to be Agent for the
Governor & Council, and it is so rested until this last April Session,
for there was no attempt to appoint an Agent in the last November
one. And in this late Session Mr. Smith's name was not so much
COLONIAL RECORDS. 307
as once mentioned, so that the falsity of this insinuation I hope fully
appears to your Lps:
However as an attempt in 1760 was again made by a separate Bill
to appoint one Anthony Bacon upon the same plan as the former,
the Council upon the same principles threw out the Bill, whereby
the Bill as to that part remained unexecuted, yet the Junto by their
influence in the Assembly obtained a resolve to make him Agent at
a Salary of £200. p. annum without the consent of the Governor &
Council subsequent to the address at the close of the second short
Session, I cannot therefore conclude without making some brief
observations on it.
This Mr. Bacon, My Lords, at the recommendation of Mr. Child
the Attorney General and Agent to Lord Granville had made a very
disadvantageous and I may say an iniquitous agreement with his
Lordship to remit him his Quitrents & other fees at the rate of £170.
this Currency for £90. sterling which is above 50. p. cent discount
above the par of 133-|. and had a year's time to remit it in after the
paper money was paid to his order in this Province. This person
who was so deeply concerned in this compact with my Lord, and in
which Child was to have a share was also to be agent and to have
the benefit of sending the money over here, upon which Child and
the Junto were to have the further profit of above 56. p. cent as they
would buy up the paper money at 190. and pay it off in Cash at
33J, this person was also chosen as being the most obnoxious to me,
having had credible information that at your Lordships board he
had falsely calumniated me, and assured without any foundation
that in the sei/.ure of a ship by Mr. Palmer collector of Bath for
transgressing the Act of Navigation I had gone on board the Vessel
with the Collector and forced him to make the seizure contrary to
law, which was entirely false, I happened at that time to go to view
the forts which were then erected at Portsmouth near Ocacock and
old Topsail Inlet, in which excursion the Collector accompanied
me ; and at the same time informed me of the Ship's having broke
the Act of Navigation, and produced the several Acts to me in
which I found if I did not put those Laws in execution when come
to my knowledge, I was to forfeit a large sum of money, and be
rendered incapable of holding any employment under the Crown.
He then asked my advice how he should act in it, upon which I told
him I could no otherwise advise him than to obey the laws. Upon
this I proceeded from viewing the Fort at old Topsail Inlet to Fort
Granville on Core Banks near which the ship lay, when he went on
308 COLONIAL RECORDS.
board and seized the ship, and had her afterwards lawfully con-
demned so that I never was on board the ship or in any manner
otherwise concerned in it. These are the genuine facts, my Lords, I
declare upon my honour, and for the truth of which I appeal to Mr-
Palmer now in London.
But to show how deeply Mr. Child was engaged with Bacon an
eminent Member moved that the blank should be filled up with the
name of Mr. Pownall, and appealed to Child for his character, he
with a low bow answered he would not enter into private charac-
ters, but when Bacon was named he gave him the most exalted char-
acter, and after having largely expatiated upon his unbiased integ
rity, the Junto got his name inserted, thinking by my speech at the
opening of the first Session I must have passed the Bill, had it not
been rejected in the Council, which baffled all their deep laid and
selfish schemes.
To close therefore my defence against this formidable attack on
Government through my administration, I appeal to your Lordships
whether in these general accusations they have made anything ap-
pear that can impeach my integrity and honour or to prove that I
have acted in any wise inconsistent with that trust His Majesty has
thought fit to repose in me, nor can it be presumed that these
charges are far from being a compleat catalogue of the sufferings of
those placed under my administration, thereby insinuating that they
only have remarked a few of the crimes (for as such they are painted)
which I have committed, when it clearly appears that they have
exhausted all their malice, as there is not one circumstance that
could carry with it even the colour of exception since I came into
this Province but what the Attorney and his Junto have falsely ex-
aggerated. It is with pleasure therefore that I can beare the Conse-
quence, as my conduct will admit of the strictest scrutiny.
I well know, my Lords, that as the liberties of the people when
they degenerate into Republican principles are prejudicial to the
just rights of the Crown, so is the Prerogative when raised beyond
its due limits destructive and hurtful to the just liberties of the peo-
ple I therefore made it my sole aim to preserve a due medium so
that neither should preponderate, but that Republican spirit which
this Province is so 'notorious for in some degree rendered my efforts
ineffectual; indeed it was frequently hinted that if I would accede
to certain measures my administration might be easy and happy,
which measures were tamely to be silent and let the heads of a Re-
publican party engross the executive power of the Crown, and pro-
COLONIAL RECORDS. 309
pose no Measures but what ultimately tended to their emolument.
I replied as I ever shall reply and I hope my conduct has corres-
ponded with my professions that I had no private view to gratify,
and had never proposed any measure but what in my opinion would
conduce to the benefit of the Province, and as such never desired
either Council or Assembly to support me unless such measures were
pursued, but this did not answer their purposes, for under such an
Administration their self interested projects disguised under the
mask of patriotism could not with facility be- executed therefore they
formed a Cabal against Government, and jointly determined to op-
pose everything that proceeded from the Crown as inconsistent with
and oppressive of the rights and liberties of the people, and this
with a view to force me into a concurrence with their Measures by
making my administration as uneasy as in their power, but in this
as before they were deceived too, for the ease experienced in a pub-
lic station can alone proceed from the consciousness of having faith-
fully discharged the duty of it. That person therefore who unin-
timidated adheres to his instructions and is determined to concur in
no schemes but what will advance the true interest of the Province
he governs can in no wise deserve censure, and in that light I hope to
appear to your Lordships — If these assertions therefore as [are] such
as can be justified I must leave it to your Lordship's Judgment
whether His Majesty's Government here can be supported with
Honour, or this Colony can be kept in a reasonable dependance
upon Britain, if the power of the Assembly is to be raised, & that
of the Governor and Council made to truckle to a Junto of the As-
sembly.
And whether your Lordships will think it advisable to continue a
gentleman in the station of His Maj : Attorney General who is come
over with a view to raise a flame against the Administration in this
Province, a gentleman who is obligated by his oath to support not
to encroach upon the Prerogative of the Crown, & who ought to ad-
vise me to adhere to rather than force me to break thro' my Instruc-
tions, for by these means, the executive power of the Crown will be
lessened & at last extinguished, & it would be then too late to curb
the spirit of Independency rising in this Colony.
And whether you will think it proper either to confer or continue
favors on those who for private views obstruct the supplies & coun-
teract those measures which are necessary & essential to the future
peace and safety of this Province.
310 COLONIAL RECORDS.
I therefore submit the whole to your Lordships wise and prudent
consideration, & hope that every circumstance of my conduct when
it comes to be scrutinously enquired into may be received by your
Lordship as a faithful discharge of the duty I owe to His Majesty
& the Country, the Government of which is intrusted to my care.
ARTHUR DOBBS.
[From MSS. Records in Office of the Secretary of State.]
To all to whom these Presents shall come I Thomas Child Esq r
late of the Parish of S' James — Westminister in the Kingdom of
Great Britain but now of the Parish of S' Paul in the County of
Chowan in the Province of North Carolina in America send Greeting.
Whereas the right Honorable John Earl Granville Viscount Car-
teret and Baron Carteret of Hawns in the County of Bedford in the
said Kingdom of Great Britain Lord President of His Majesty's
Most Hon ble Privy Council and Knight of the Most Noble Order of
the Garter The Sole Lord and Proprietor of a Certain District Ter-
ritory or Parcel of Land lying in said Province of North Carolina
Did in and b} r a Certain Instrument in Writing & under His Hand
& Seal of Arms bearing Date the first Day of September One thou-
sand Seven Hundred and fifty Six duly proved before the Right
Honourable the Lord Mayor of the City of London Make Constitute
& Appoint Joshua Bodley together with Francis Corbin Esq r His
Agents Commissioners & Attorneys jointly or Severally in Case of
the Death or Absence of the other from the said Province to Exe-
cute all and every the Powers and Authorities particularly referred
to in a Certain Letter of Attorney before them given by the said
Earl to the said Francis Corbin and Benjamin Wbeatley which is
in the said fijst mentioned Instrument Expressly recited and referred
to All which said Powers were particularly comprized or set forth in
a Sett of General Instructions dated the Sixteenth Day of January
One Thousand Seven Hundred and fifty two Under such Regula-
tions Directions or Restrictions however as the said Earl might there
after from time to time judge proper to give them And Whereas
the said Earl in and by a certain other Instrument in Writing under
his Hand & Seal of Arms bearing Date the tenth Day of April One
Thousand Seven Hundred and Fifty Nine duly proved before The
Right Honourable the Lord Mayor of the City of London and after-
wards recorded in the Secretary's Office in the said Province Did
Make Constitute and Appoint me the said Thomas Child Auditor of
COLONIAL RECORDS. 311
his said District, and of his Revenues arising within the same And
also of the Receipts Disbursements, Charges and proceedings of His
Agents and of the Receivers & Collectors of his said Revenues and
of the Accounts and Proceedings of all other Officers and. Persons
whatsoever appertaining or relating to His Lordship's Office at Eden-
ton in the said Province or to his Estate or Interest in the same
With full Power & Authority to me from time to time to Audit their
said Accounts and proceedings And for the said Purposes from time
to time to Oblige all and Singular such Officers and Persons on pain
of being immediately suspended or removed from their respective
Offices by me the said Thomas Child to Transmit or Produce to me
every half year at least or oftener on demand fair Accounts of their
Respective Receipts Disbursements Charges and Proceedings in
Order to their being Audited by me as aforesaid And further with
full Power and Authority to me the said Thomas Child to do and Ex-
ercise all other Acts whatsoever which might be requisite and Neces-
sary whether by Process in Law or Equity or by the aforementioned
Means of Removal or Suspension for effecting the said Purposes or
enforcing a due and constant Execution of His Lordships Orders
and Instructions relating to the Transactions of his said Affairs.
Now Know Ye that I the said Thomas Child for that the said Joshua
Bodley hath under Colour of the Powers and Authorities so given
to him by the said Earl as aforesaid behaved himself greatly to the
prejudice and Hindrance of his Lordship's Interests and contrary to
the general Trust and Confidence in him by the said first recited
Commission reposed and particularly for that the said Joshua Bodley
hath wilfully transgressed the said Earls Instructions and declined
to come to. any determinate or final Account and Settlement for his
particular receipts Disbursements, Charges & Proceedings made un-
der Colour of the same as well as for divers other good Causes &
Considerations relating to the said Earls Interests to and the Punc-
tual Execution of his said Orders and Instructions in future Have
in Virtue of the said Powers so delegated to me by the said Earl as
aforementioned removed and by these presents do utterly remove
the said Joshua Bodley from his said Office of Agent to the said Earl
Hereby also revoking and Countermanding and making void the
said recited Letter of Attorney to him the said Joshua Bodley made
by the said Earl as aforesaid in so much thereof as personally relates
to him the said Joshua Bodley Together with all Powers and Au-
thorities to the said Joshua Bodley in and by any other Paper Writ-
ing Instruction or Order of the said Earl heretofore granted or given
312 COLONIAL RECORDS.
and all things therein or in any or either of them contained And
I do also on the said Earl's behalf hereby protest against disclaim
and make void all Acts Matters and proceedings which shall or may
henceforth be acted done or performed or be Attempted to be done
by the said Joshua Bodley under pretence of the said Earls late
Commission Instructions Orders or Directions to him Given as afore-
said in any Manner Mode or form whatsoever —
In witness whereof I the said Thomas Child have hereunto set
my Hand and Seal the Fifteenth Day of August in the year of our
Lord One Thousand Seven Hundred and Sixty —
THO 8 CHILD (Seal)
Sealed and Delivered In the
Presence of
J. Craven
Tho Jones
Rich 4 Vigers
Shown and Explained to Mr. Bodley the 16 th August 1760 by us
Rich* Vigers
Tho Jones
[From North Carolina Letter Book. S. P. G.]
Portsmouth, Sept. 17, 1760.
Dear Sir,
I yesterday rec d a letter from the Rev d Mr. Smith of our Parish of
No. Carolina, setting forth to me a complaint, or rather an ill char-
acter, given of him to the Society for propagating the gospel, by Mr.
Woodmason of the So. Province, who I believe, you, as well as my-
self a little know. I dont know what this gentleman, if he maybe
so called, can alledge with any justice to the injury of Mr. Smiths
character, nor would the purport of his letters upon this occasion be
minded by the society, if they knew his condition in life, & how
subject he too frequently is, by all report to a disorder in his mind,
a report I have from many of his actions ever believ'd and more
especially from this instance of secretly attempting a man's reputa-
tion & b} r unfair methods endeavouring to deprive him & a large
family of their bread. I am very sorry my business here will detain
me some days longer, & that I cannot be present at the Society's
meeting on Friday next to give Mr. Smith that character he so justly
COLONIAL RECORDS. 313
deserves from me & all the Neighbourhood where he lives & that I
conceive Mr. Woodmason's mis-representation if in his senses the
effect only of some private pique. I say My Dear Sir my affairs at
Portsmouth prevents my being in Town by Friday & obliges me to
desire the Favour of you to attend the Society on that day and in
my name assure those gentlemen, that for some years last I have
been an eyewitness to Mr. Smith's great care of his congregation &
good behaviour in the Parish where I live — that his duty there is
very hard — his family very large — and his salary very small — & that
I have been some months a judge of the great distress he has been
driven to by taking from him his mission, to which if he be not
again restored by the Society it will be impossible for him to live in
No. Carolina by which means a very extensive Parish will te de-
prived of divine service where I think it the most wanted & the
people robb'd of a minister held there in general esteem, for his
farther character I shall refer the Society to a testimonial signed in
my presence, by the governor and council of that Province, whose
j-ecommendation I hope will have due weight.
Your own Knowledge of Mr. Smith, I flatter myself will add some
strength to this letter, whose goodness I never found wanting upon
those occasions — I hope you are well & I am dear Sir
Your most obd' Friend & Servant,
BENJ" HERON.
[From MSS. Records in Office of Secretary of State.]
Letter from Governor Bull to Governor Dobbs.
Charles Town South Carolina 21 st September 1760
Sir.
Upon receiving an Account of the Surrender of Fort Loudoun,
and the Overtures of Peace I immediately accmainted Col Byrd
with the contents of it, and desired him to halt, till he should re-
ceive further Information from me, And at the same time apprized
him of what had been done by Col Montgomery, and of his De-
parture from this Province, leaving behind him Four hundred of
the Royals.
Since that, the Situation of our affairs in the Cherokee Nation is
become truly deplorable; the Capitulation made with the Garrison
of Fort Loudoun was perfidiously broken the first night of their
Incampment, when all the Officers (except Cap' Stuart) and Twenty
314 COLONIAL RECORDS.
five Men were killed. They are reported to have murdered about
Eighty more, reserving the rest for the Management of the Great
Guns and a Cohorn, which they are bringing down in order to make
an attack upon Fort Prince George, where they were Expected to Ar-
rive the 14 th inst. And in Addition to our Misfortune they are Joined
by the Mortar, and Several Creeks and Assisted by Ten French Men.
This Fort is not very defensible ; besides the Garrison is destitute
of Meat, and th° they are not in immediate want of Flour, Yet a con-
siderable part of it being what was left by Col Montgomery upon
his return from Echoe, had received damage by the Sweat of the
Horses. Since the time of his quitting Keowee, we have in vain
attempted to Supply their Wants, as frequent and numerous parties
of the Indians were perpetually hovering about the Fort and it has
been with the utmost difficulty that Expresses have made their way
to and from thence. It is to be Lamented that Mr. Lyttleton left
there upwards of 6000 w' of Powder a quantity of Presents and
Spare Arms ; For unhappyly for us, the Indians are fully apprized
of those Circumstances, and are Flushed with the Expectation of
being Speedily Masters of the Place, and the Acquisition of it will
be of the greater Importance to them, as they will be thereby Enabled
the better to Continue the War with us My first Endeavour shall
be to give this Fort a Temporary relief by throwing in by means of
the Rangers a supply of Beef, And if the Commanding Officer can
hold out a Month or Six Weeks I hope we shall be i^ble to with-
stand their Force and repell their Incursions but I shall give him
Orders if he thinks it untenable immediately to destroy the Surplus
Powder, to Spike the Cannon Bury or Sink the Iron Shot and to
withdraw the Garrison.
If I shall be so happy as to Accomplish the present relief of it, I
make not the least doubt but that a proper direction of the force of
our Several Provinces, we may have it in our power by carrying the
War into the Enemies Country to give them Such a Stroke, as will
Secure us from any Molestation from them hereafter. The Conse-
quences of their making any further progress in this province, and
the Calamities that must from thence be derived to our Neighbours,
are too Obvious to Stand in need of being descanted upon.
The Assembly has provided pay for a Regiment of 1000 Men for
six Months. The Commissions are already Issued, And as the En-
couragement both in point of Bounty and in other Respects is large,
there is no fear of their being Speedily raised. This Corps together
with our rangers; and the Royals will form a Body of about Two
Thousand Men.
COLONIAL RECORDS. 315
These matters I have laid before his Majestys Council, who Joined
with me in Opinion, that I should Impart these several Intelligences
to you and desire that you would in the most pressing Terms repre-
sent to your Assembly the Necessity of raising Troops to Co-operate
either with Virginia or this Province, and that you will be pleased
to direct their Motions in such a Manner as may Effectually conduce
to the Ends proposed.
We find by Experience, That if we don't heartily Co-operate in
our designs, and time things by a previous Concert of Measures, all
our Schemes prove abortive, or unsuccessful Therefore I take the
liberty of suggesting a Plan of Operations for your Consideration.
That this Province March by the way of Keowee about the middle
of November, the Direct way into the Cherokee Nation, Col Byrd
with the Junction of the North Carolina Forces to Attack the upper
Settlements at the same time. The Necessity the Enemy will be
under to divide their forces, will make them less formidable to either
of us, and must prevent them from eluding our Resentment by
withdrawing from us, if they find us too powerfull for them.
And as this is a Most Important and Urgent Crisis I flatter myself
you will not loose a moment in Acquainting me with the Result of
your determinations thereupon
I am with great regard Sir &c W m BULL
[From North Carolina Letter Book. S. P. G.]
•
Mr. Stewart to the Secretary
Bath, N. Carolina Oct. 10, 1760
Rev" Sir
In my last dated 20 th May sent from this by wayx of Virginia. I
acknowledged the Rec 1 of your favor but just then come to hand,
together with the Society pamphlets, Stackhouses Hist 7 &c. and in-
formed you that the numbers of the Baptized that half year in my
mission had been 121 white and 26 black infants, of adults white 2
& 9 black of actual Communicants 139 &c, and at the same time de-
sired, that my most grateful thanks should be made, to the society
for the Books sent, which were a long time getting round from S°
Carolina.
Since the writing of which letter nothing material has occurr'd in
my mission, the number of infants baptized by me this half year
being 82 white & 13 black, of adults, 2 white men (one by immer-
sion) & 5 negroes, actual communicants 96, & the number of inhabi-
316 COLONIAL RECORDS.
tants about 2100. Besides in Sep tr I visited Currituck & Woodstock
Chapels in Hyde County, where they have no resident minister, &
there baptized 46 white & 9 black infants & preach'd & read prayers
to 2 large congregations, so that the whole of my returns this year
is 249 white infants Baptisms & 48 black 4 white & 14 black adults
& actual communicants 235.
When I mentioned that I baptized a person by immersion, I
should be sorry that it should be thought by the society that it was
either thro' affectation or singularity, I assure you sir, (tho' I know
that it is conformable to our Rubric, to the practice of the primitive
Christians of the Apostles & of the Jews before the coming of our
saviour, generally to Baptize in that way) that it is only to keep
people from falling off from our Church, that this person & some
others not mentioned, have been baptized in that way by me, for of
late years this province is overrun, with a people that at first called
themselves anabaptists, but having now refined upon that scheme,
have run into so many errors & have so bewildered & I may almost
say bewitched the minds of people, that scarcely will they listen to
anything that can be said in defence of the church we belong to.
As far as my capacity and abilities would admit I have done my
best endeavours to confute their errors. I wrote a small tract col-
lected from the best authors I could here find in defence of the Bap-
tism of Our church (4 copies of which I sent the society last year) I
dispersed 400 copies of it gratis thro this province, for want of Dr.
Wall's abridgement of his history ; this for some time Check'*? their
proceedings, but such a spirit of rash judging & censoriousness, such
a notion of Inspirations, impulses, visions & of their sect being the
peculiar elect of God, is gone out among them that till time con-
vinces them to the contrary it is impossible that any abstracted
reasons will, however S r if there be any Pamphlets, in the societies
collection in defence of the articles & Rubrick of our church they
can no where be better bestowed than to this province.
I am Rev d Sir &c ALEX STEWART
at St Thomas' Bath Town
[From North Carolina Letter Book. S. P. G.]
Mr. Moir to the Secretary
Edgecombe Oct 30. 1760.
REV d Sir
Our administration for some years past has been such, that I was
loth to enter upon a detail of Public transactions.
COLONIAL RECORDS. 317
Gov r Dobbs was so sharply censured by the general assembly in
the beginning of last summer, that one would have thought, he
could not be so bold, as to put into the commission of the peace for
Edgecombe County, another ringleader of the mob, and yet he did
it; If no remedy is applied well disposed persons talk of leaving
the Province.
We have had a sickly season this fall & I was much indisposed ;
I baptized only 74 whites & 5 Blacks; but this was chiefly occa-
sioned by there being no vestry in the parish. This prevents the
Sheriff, his being taken to task for detaining the Parish taxes. I
this day draw for my salary from Lady day to Michaelmas 1760 and
am Rev d Sir your most &c
JAMES MOIR.
[From MSS. Records in Office of Secretary of State.]
Fort Pitt Nov 1 26 th 1760
Sir—
You are to March tomorrow morning With a Detachment of the
Royal American and Virginia Regiments — and proceed to Fort Bed-
ford Where you are to put yourself and your Detachment Under the
Command of Capt. Curry, who is to Relieve the Garrison now at
that Post. But in case Capt" Curry should have been Order'd to
Philadelphia — You will then Relieve the Detachment of the Penn-
sylvania Troops there, who are to join their Corps and March to
Carlisle
You will take Charge of the Provision and Stores of all Kinds in
the Kings Store and Send me a Return of each Specie.
You are to Detach one Sergeant and eight men, all of the Same
Corps to Garrison Junietta — and appoint at each Post a Soldier to
be Employ'd as a foot Express to carry from Post to Post, every Let-
ter on his Majestys Service for which they will he paid
You will Communicate these Instructions to Cap' Curry — and in
his absence Nothing is to be Issued from the Kings Store Without
your Order in Writing
I am Sir
your most Humble Servant
HENRY BOUQUET Col
To Lieut Sumner
of the Virg a Reg'
318 COLONIAL RECORDS.
As the Provisions & Forage Stores at Fort Bedford are all amply-
Supplied you will not Suffer any more to be received in either of
them than what the General has already ordered.
H r BOUQUET
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 34.]
At the Court at S* James's the 3 d day of December 1760.
Present
The Kings most excellent Majesty Arch Bishop of Canterbury &c.
&c.
Whereas there was this day read at the Board, a Representation
from the" Lords Commissioners for Trade and Plantation's dated the
2 d of this Instant, humbly laying before His Majesty for His Royal
Directions an extract of a letter they had received from Arthur
Dobbs Esq™ Governor of His Majesty's Province of North Carolina,
dated the 19 th of January last wherein he informed them that by
the unanimous advice of His Maj ty8 Council in that Province he had
suspended Francis Corbin Esq™ from his seat at, that Board till His
Majesty's Pleasure should be known. His Majesty taking the same
into consideration, together with a Copy of the Minutes of the Coun-
cil of the said Province dated the 2 d of January last, therewith trans-
mitted containing the reasons of the said Governor's having sus-
pended Mr. Corbin — And His Maj' 7 approving thereof, was there-
upon pleased with the advice of His Privy Council, to ratify and
confirm the said suspension and to order, as it is hereby ordered,
that the said Francis Corbin Esq" be forthwith removed from his seat
in the Council of the said Province. Whereof the Governor or Com-
mander in Chief of His Majesty's said Province of North Carolina,
for the time being, and all others whom it may concern are to take
notice and govern themselves according.
W. SHARPE.
[B. P. R. O. North Carolina. B. T. Vol. 23. p. 4.]
The King to Gov r Dobbs.
8 th Dec. 1760.
George R.
Trusty and wellbeloved, we greet you well. We being well satis-
fied of the loyaltj r , integrity and ability of our trusty and wellbe-
COLONIAL RECORDS. 319
loved' John Sampson Esq" have thought fit hereby to signify to you
our Will and Pleasure that forthwith upon the Receipt of these
presents you swear and admit him the said John Sampson, to be of
Our Council in Our Province of North Carolina in America, in the
room of James Innes Esq" deceased, and for so doing this shall be
your warrant and so we bid you farewell.
Given at our Court at St. James's this 8 th day of December 1760
in the first year of our Reign.
By His Majesty's Command.
[B. P. R. O. North Carolina. B. T. Vol. 14. E. 44.]
Letter from Governor Dobbs to the Board of Trade
Brunswick 12 ,h Dec r 1700
My Lords,
I have just returned from Wilmington after holding a very disa-
greeable session of five weeks continuance to no purpose, where great
attempts have been made against His Majesty's just prerogatives and
the rights of the Council, and have been obliged to prorogue & after-
wards dissolve them without passing a crude undigested Aid Bill
tacked again with an Agent, which they insisted as their right to
force upon the Crown — As I find a ship just ready to sail for London
I have only time to send you the Journals unattested and the two
rejected Bills for your information, until I can get the Bills and
Journals of the two houses and minutes of the Council properly
attested, under the Great Seal which I shall send by the next oppor-
tunity and shall beg leave to make some observations on the Trans-
actions of the Sessions to show how necessary it is for His Majesty's
service to support me and give me further Instructions where your
Lordships shall find them necessary to support the dignity of His
Majesty's Government, and quell the Spirit of the Assembly who
think to obtrude themselves into the Government and daily claim
new priviledges and refuse to obey His Majesty's Instructions. The
northern Junto of Child, Barker and Jones' being broke to pieces,
and none of them attending, Sam 1 Swann the speaker, his brother
John in the s Council, and John Starkey the southern Republican
Treasurer, formed a Junto upon the speakers being disappointed of
being assistant Judge, and led the House this Session.
The House was prorogued to the 30 th of October but no Quorum
appearing in either House I was obliged to prorogue them to the
320 COLONIAL RECORDS.
first of November ; when a Quorum being come to town I sent to them
to attend me, but the lower House refused to assemble, so to avoid a
dissolution was obliged to prorogue them de die in diem until the
7 th of November and though above 25. Members were in town they
still refused to meet denying His Majesty's right of constituting 1-5.
to be a quorum, upon which I told them if they did not meet and
adjourn themselves, I would no longer prorogue them but let them
dissolve themselves —
Upon which they thought proper to meet & altho' there were 31.
Members present besides the speaker in express contradiction to His
Majesty's Instructions that 15 should be a Quorum and upon their
meeting though they refused attending me to make my speech, they
came to a resolution that they would stand by their interpretation of
their Charter, and not enter upon business without a Majority of the
whole House, and ordered warrants to be issued to take the absent
Members into Custody, and that their Serjeant's fees should be paid
by the defaulters, and then adjourned de die in diem until the ll tk
at night, and then sent to let me know they would attend and receive
my speech, in answer to which after some days they attended me with
their address, but entered not in their Journal that they had deliv-
ered their address, & consequently did not enter my answer to their
Address and therefore have sent your Lordships my answer.
I must also observe that in the manner of passing the Treasurer's
Accounts, which they have taken out of the Governors & Councils
Inspection and will not allow the auditor or Lords of the Treasury
to interfere in their accounts but pass them as the)' please with or
without Vouchers, and keep all their Accounts in the Clerks hands
which ought to be kept in the Auditor's Office, so that in forming
their Committees of Accounts and Claims they have made the Com-
mittee of the Councils attendance nugatory, for the Committee of
Accounts & Claims consist of from 7 to 9 of the Members of the
Lower House in each ; and but 2 in each from the Council, and as
all things are carried by a Majority the Council must submit to their
Majority, and always sign the report whether partial or not, and this
report they think ought to bind the Governor and that he ought to
approve of it and issue out his warrants accordingly, this I have
refused sometimes to ratify or grant Warrants upon their Report,
and now the northern Treasurer has made payments to his favour-
ites without my Warrants, and the Assembly this Session have or-
dered their Southern Treasurer to pay Publick money without any
order from me to pay their Sergeants fees for Members in Custody to
secure the Members in the Junto's interest.
COLONIAL RECORDS. 321
I must further observe to your Lordships the arts they made use
of to carry a Majority in the Council to pass the tacked Aid Bill,
which had been twice before rejected by the Council — By the Jour-
nals they voted that no Bills should be received after the 25 tb of No-
vember, yet delayed bringing in the Treasurer's Bill until the 29 th .
To explain this artifice to your Lordships I must inform you that
Mr. Barker the Northern Treasurer and John Starkey had been ap-
pointed Treasurers in the Aid Bill granted in 1754, for a time un-
limited, I being then not 6 weeks in the Government, and no per-
son informed me of it until the Bill was passed, this Bill is tempo-
rary and the Aid expires in 1763. Mr. Barker having found out
Mr. Child's artful designs and the false measures he led him into,
and having kept very irregular accounts, if they can be called ac-
counts, intends to quit the Province & therefore sent his resignation
under his hand to the Speaker by Mr. Rieussett one of the Council
and Collector of Roanoak with a Recommendation to make him
Treasurer in his place ; this the Speaker secreted from the House 'till
near the end of the Session, and according as Mr. Rieussett was to
vote in passing their Agent Bill tacked to the Aid Bill the} r were to
make him Treasurer or not Therefore the Treasurer's Bill was to be
kept back until the third reading of the Aid Bill, and then was
brought in allowed to be filled up by the name of a member of the
Assembly, but if Rieussett gave up His Majesty's right by having a
foreign clause tacked to the Aid Bill, then it was to be altered at the
3 d reading, and Reiussett's name was to be inserted, the bait took,
and by his vote the Aid Bill backed with their Agent passed the
Council — I therefore whenever I heard the Treasurer's Bill was
read in the House sent a Message to the Speaker that as he was
Treasurer by an Act, I could pass no Treasurer's Bill without seeing
his resignation, or having it entered on the Journals, — upon this
Message they altered the preamble of the Bill that Mr. Barker in-
clined to resign but came into the following Resolutions,
Resolved that His Excellency's taking notice of any matter or
thing transacting in this House before being made acquainted with
it by this House, and directing Entries in the Journals thereof is
inconsistent with the antient liberties and Privileges of this House
So that the Governor was to be the last man in the Province to know
the Transactions there, as their Journals were all Kept back from
him for G. or 8. days before they would give time to the Clerk to copy
them, and refused him an Assistant Clerk — and every person in the
•Vol. VI— 21
322 COLONIAL RECORDS.
Province has a right to know when a Bill is read in the House that
they may have time to petition against it if they think it affects
them or the public.
They afterwards upon the Councils altering the name of the
Treasurer
Resolved — That it is the inherent right of this house to nominate
persons to be appointed Publick Treasurers of this Province, and
that the Council's nomination should not be admitted as a prece-
dent hereafter.
I shall not mention the purport of my message to them and their
address upon offering the Bills, as they are entered in their Jour-
nals, a copy of which is inclosed, but must observe that upon end-
ing the Session and proroguing them for a day to reconsider the in-
digested Aid Bill, and to Know whether they would expunge the
tacked Clause upon which I had rejected the Bill, they again di-
rectly brought in the Bill in the same words only making the Agents
clause the main title of the Bill and first clause; and then adding
the Aid Bill to the other, and though they were before so exact that
upon wanting one member to make up 35 the majority of the House,
the Speaker went twice with the House and the Mace to a sick mem-
ber in order to make a quorum, yet this new Agent and Aid Bill
was read 3 times and passed without having a Majority present, so
inconsistent were their actions, upon this I summoned the Council
to meet me and laid before them the following reasons for dissolving
the Assembly and that each Member should sign his name who were
for or against the dissolution ; — this they refused to do, and tho'
some of them would willingly continue the Assembly, they declared
that I had a right to dissolve them, and I might act as I thought
rjroper.
As I have sent your Lordships the original Bill offered to me
which I rejected, I think it my duty to point out the insufficiency &
crude nature of the Bill, which I was kept a stranger to until sent
to me to peruse before I should pass or reject the Bill — As Sam
Swann, John Swann & John Starkey were three of the Issuers of the
Bills, the sum granted was to be made as large as possible that they
might have the more to emit the Bills, and so were to amount to
£16,494. Currency, they therefore instead of giving one field Officer
to the 5 Companies formed a regiment and appointed 3 field Officers
at £15. 12. 10. per diem, and would not allow them to be Captains of
3. of the Companies, but were to pay 3. Captains besides to add to
the expense; though the Assembly of South Carolina gave 22 dol-
COLONIAL RECORDS. 323
lars bounty money, yet to prevent raising men speedily they only
gave 40 shillings Currency, a guinea in value ; Bounty money which
would have delayed the service until it would have been too late to
cooperate with the others, they had 100 men in each Company and
raised independent of them 40. men more to guard Fort Dobbs, and
Johnston without allowing Commission or non commission Officers
to command them, in order to depreciate the Currency by too great
an emission, when directed to employ above £6,000. lying in the
Agents hands in England, which would amount by remitting here
to near £12,000 Currency, they never took that money into considera-
tion for reasons I shall mention below when I treat of the Agent they
wanted to impose on the Governor and Council, but would issue
more paper money to be made a legal tender, and would provide no
tax to take place before January 1763. tho' next years poll tax does not
exceed 4 shillings 11 pence per taxable, a very moderate tax — And in
case the Cherokees should make peace and submit in 2 months, and the
Troops disbanded, perhaps £10,000 might remain locked up in the
Treasurers hands for his emolument, and was not to be burnt or to
issue to take up the torn or disused Paper Bills, which generally fall
upon the poor, but by the Bill were to be applied towards future
contingencies, which were not to be applyed by the Governor and
Council but were to be disposed of by the General Assembly who
thus usurped a share in the Government, and would take upon them
to apply it when they met to pay their stipends, or continue it in the
Treasurer's hands, so that the Aid would have been in itself nu-
gatory ; however as the next best thing I could do for His Majesty's
service, as the Province of South Carolina can't near compleat their
regiment for want of white men; I gave Governor Bull earty. notice
to send up his Officers with levy money and have directed our dis-
banded Officers to endeavour to keep the men together to enlist in
their Troops by getting so great a Bounty, and hope by these means
they will near compleat their Regiments with disciplined Troops — I
have herewith also sent you my speech after the short Prorogation
and the Assembly's last address to me, and you will find by the
clause for appointing Bacon Agent that they had paid him at a salary
of £200 a year from the 1 st of October last which sum was to be
paid to him out of the Publick Treasury & of the money received
from the Treasury in England which was to be paid to him by the
following Committee of Correspondence by Bills to be purchased by
said Committee, which makes it evident their new Agent was to take
it out of the Agents hands in which it is lodged in England, and
324 COLONIAL RECORDS.
was intended to be sent over to them in specie, and then they were
to remit him back his salar}^ upon what terms they liked to make a
profit out of it to the Committee and their friends. The Committee
was to consist of 3. of the Council and 5. of the Assembly or the
majority of them, four of which were the Speaker, his Brother, his
nephew and Treasurer Starkey, his dependant, and 2 others his
friends only L. De Rossett and Harnet being independant, and none
of the governing Junto, who would not be called upon to make a
Majority.
I am, with the greatest regard &c
ARTHUR DOBBS.
[B. P. R. O. Am. & W. Ind. Vol. 77.]
Letter to Governor Dobbs
Sir Whitehall, Dec r . 17 th , 1760.
His Majesty having nothing so much at Heart, as by the most
vigorous Prosecution of the War, to reduce the Enemy to the Ne-
cessity of accepting a Peace on Terms of Glory & Advantage to His
Majesty's Crown, and beneficial, in particular, to his subjects in
America; and as nothing can so effectually contribute to that Great
and essential Object, as the King's being enabled to employ, as
immediately as may be, such Part of the Regular Forces in North
America, as may be adequate to some Great and Important Enter-
prise against the Enemy, I am commanded to signify to you the
King's Pleasure, that in order the better to provide for the full and
entire Security of His Majesty's Dominions in North America, &
particularly of the Possession of His Majesty's Conquests there, dur-
ing the Absence of such Part of the regular Forces, you do forth-
with use your utmost Endeavours and Influence, with the Council and
Assembly of your Province, to induce them to raise, with all possible
Dispatch, within your Government, As large a Body of Men as the
Number of it's Inhabitants may allow (your Province having hitherto
been extremely wanting to The King's service in this respect) and
forming the same into Regiments, as far as shall be found convenient,
that you do direct them to hold Themselves in readiness, and par-
ticularly as much earlier, than former years, as may be, to inarch to
such Place, or Places, in North America, as His Majesty's Com-
mander in Chief there, or the Officer who shall be appointed to com-
mand The King's Forces in those Parts, shall appoint, in order to
be employed there under the supreme Command of His Majesty's
COLONIAL RECORDS. 325
said Commander in chief, or of the Officer to be appointed as above,
in such Manner as, from the Circumstances, & Situation, of the
Enemy's Posts, & the State & Disposition, of the Indian Nations, on
that Side, He may judge most conducive for the King's Service,
And the better to facilitate this important Service, The King is
pleased to leave it to you to issue Commissions to such Gentlemen
in your Province as you shall judge, from their Weight and Credit
with the People, and their Zeal for the Publick Service, may be best
disposed, and enabled to quicken and effectuate the speedy levying
of the greatest Number of Men ; In the Disposition of which Com-
missions, I am persuaded, you will have nothing in View, but the
Good of the King's Service, & a due subordination of the whole to"
His Majesty's Commander ; And all Officers of the Provincial Forces,
as high as Colonels inclusive, are to have Rank according to their
several respective Commissions, agreable to the Regulations con-
tained in His late Majesty's Warrant of the 30 th of Dec 1 . 1757, which
is renewed by His present Majesty.
The King is further pleased to furnish all the Men so raised as
above, with Arms, Ammunition, and Tents, as well as to order Pro-
visions to be' issued to the same, by His Majesty's Commissaries, in
the same Proportion, & Manner, as is done to the rest of the King's
Forces : The whole therefore, that The King expects, and requires,
from the several Provinces, is, the Levying, Cloathing, and Pay of
the Men ; and on these Heads also, that no Encouragement may be
wanting to the fullest Exertion of your Force. His Majesty is farther
most graciously pleased to permit me to acquaint you, that strong
Recommendations will be made to Parliament, in their Session next
year, to grant a proper Compensation for such Expenses as above,
according as the active Vigour, and strenuous Efforts of the respec-
tive Provinces shall justly appear to merit.
It is His Majesty's Pleasure, that you do with particular Diligence,
immediately collect, & put into the best Condition, all the Arms,
issued last Campaign, which can be, any ways, rendered Serviceable,
or that can be found within your Government, in order that the
same may be again employed for His Majesty's Service.
I am further, to inform you, that similar Orders are sent, by this
Conveyance to Maryland, Virginia, North Carolina, & South Caro-
lina. The northern Governments are also directed to raise Men in
the same Manner, to be employed, as His Majesty's Commander in
chief shall judge Conducive for the King's Service ifi North America.
326 COLONIAL RECORDS.
It is unnecessary to add anything to animate your Zeal in the
Execution of His Majesty's Orders in this important Conjuncture,
which is finally to fix the future Safety and Welfare of America,
and of your own Province in particular; And the King doubts not,
from } r our known Fidelity and Attachment, that you will employ
yourself, with the utmost Application and Dispatch, in this promis-
ing & decisive Crisis.
I am &c
W. PITT
[From MSS. Records in Office of Secretary of State.]
Fort Pitt, 17 th December 1760
Sir
I send you inclosed the £2.16. you paid for Seven Pairs Shoes for
the Soldiers of the R. A. R. Whatever necessaries they may really
want, of which you are the best Judge, you will please to let them
have them, not exceeding their Pay & Arrears, and Send the amount
thereof every month, which shall be paid.
I beg you will See if the Stores are in good order and repair, and
if the Clercs and Store Keepers do their duty.
I am Sir Your obed 4 h ble Servant
HENRY BOUQUET
[Endorsement]
On His Majesty's Service.
To Lieut. Sumner Lieut in the Virginia Regiment
Commanding at Fort Bedford.
[From North Carolina Letter Book. S. P. G.]
Mr. Reed to the Secretary (Ext")
Newbern Dec r 24 1760
Reverend Sir
In these last 6 months I have visited S' Johns' Parish
Carteret County, thrice, once at a private house where I baptized 4
children, once at the Chapel upon newport river where I baptized 3
children & again at the above mentioned private house where I bap-
tized 8 children & administered the Sacrament of the Lords Supper
to 31 Communicants
I am Rev* Sir, your most obliged,
obedient & humble Servant
JAMES REED.
COLONIAL RECORDS. 327
[B. P. R. O. Journals. B. T. Vol. 68.]
BOARD OF TRADE JOURNALS.
Tuesday, February 12 th 1760.
Present
Earl of Halifax
Mr. Jenyns. Mr. Hamilton
Mr. Sloper. Mr. Bacon.
The Secretary laid before the Board two Orders of His Majesty in
Council dated the 10 th August 1759 the one repealing an Act passed
in the Province of North Carolina in 1757 intituled An Act to em-
power the Justices of the Supreme Courts to take the acknowledge-
ment or proof of deeds and for allowing them a salary the other
confirming two Acts passed in Georgia * * *
Ordered that the above ment d Orders in Council be transmitted
to the Governors of the Provinces of North Carolina and Georgia
together with copies of the Board's Reports upon the Acts mentioned
therein.
Wednesday, April 23 rd 1760.
Read a letter from Arthur Dobbs Esq. Gov r of North Carolina to
the Board dated Feb 7 28 th 1760 stating the difficulties he is under
with respect to the Towns and Counties that are to send Representa-
tives to the next General Assembly
Ordered that the draught of a letter in answer thereto be pre-
pared — which was agreed to and ordered to be transcribed on June
12 th and was signed June 13 th
Tuesday July 8 th 1760.
The Secretary laid before the Board the following copies of orders
of His Majesty in Council received from the Clerk of the Council in
waiting, Viz:
Order of His Maj. in Council dated 6 Nov 1758 approving a War-
rant appointing Charles Berry Esq. Chief Justice of the Province of
North Carolina in the room of Peter Henley Esq. deceased.
Order of His Maj. in Council dated 2 Feb 7 1759 repealing an Act
passed in the Province of North Carolina in Oct. 1755 to quiet the
freeholders in the possession of their lands &c.
Order of His Maj. in Council dated 3 March • 1759 repealing an
Act passed in the Province of North Carolina in Jan* 7 1755 for ap-
328 COLONIAL RECORDS.
pointing Parishes & Vestries for the encouragement of an Orthodox
Clergy &c.
Order of His Maj. in Council dated 14 April 1759 repealing five
Acts passed in the Province of North Carolina in 1755 and 1756.
Order of His Maj. in Council dated 31 st May 1759 approving the
Draught of an Instruction for Arthur Dohbs Esq. Gov' of North
Carolina directing him to recommend to the Council and Assembly
to pass an Act to amend two Acts passed there in 1748 and 1754.
Order of His Maj. in Council dated July 24 th 1759 approving an
Act passed in the Province of North Carolina in Dec. 1757 to dock
the entail of certain lands now in the possession of Harding Jones
&c.
Order of His Maj. in Council dated 10 August 1759 repealing an
Act passed in the Province of North Carolina in December 1757 to
empower the Justices of the Supreme Courts to take the acknowledge-
ment or proof of deeds &c.
\B. P. R. O. Journals. B. T. Vol. 69. J
At a Meeting of His Maj. Coram™ for Trade & Plantations
Wedesday. November 2b th 1760
Present Earl of Halifax.
Mr. Jenyns. Mr. Hamilton.
Mr. Sloper. Mr. Bacon.
Read the following letters and papers received from the Governor
of North Carolina, viz: —
Letter from Arthur Dobbs Esq. Gov r of North Carolina to the
Board dated 19 January 1760 respecting Courts of Justice Altera-
tions in the Council Accounts of the Treasurers Paper Bills of
Credit &c.
Copy of Gov r Dobbs Speech to the Council and Assembly of North
Carolina at the opening of their Session
Copy of the Council's Address in answer to the Governor's Speech
Copy of the Assembly's Address in answer to the Governor's
Speech.
Copy of Gov' Dobbs Speech to the Council and Assembly on their
dissolution.
Report of the Committee of Public Claims in November Sessions
at Wilmington 1759.
Copy of Mr. Barker's account 1759.
COLONIAL RECORDS. 329
Copy of a Bill for establishing a Court of King's Bench and Courts
of Common Pleas for the Province of North Carolina which was
rejected by the Council.
Copy of the Bill for establishing Superior Courts of Pleas and
Grand'Sessions and regulating the proceedings therein which was
rejected by the Council
Minutes of Council in Assembly from 8 to 18 May 1750.
Minutes of Council in Assembly from 23 Nov. 1759 to 9 January
17G0.
Minutes of Assembly from 23 Nov. 1759 to 9 January 1760.
Reports of the Committee of both Houses for stating the public
accounts Dec 5. 1759.
Letter from Gov 1 Dobbs dated 28 May 1760 informing the Board
of the refusal of the Assembly to pass an Aid Bill unless he assented
to the Bill for Superior Courts.
Gov" Speech to the Council & Assembly at the opening of the
Session in April 1760
Address of the Council to the Governor
Gov" Answer to the Council's Address.
Address of the Lower House to the Gov 1
Gov" Answer to the Address of the Lower House
Assembly's Address to pass the Court Bills
Gov" Answer to Assembly's Address to pass the Court Bills
Assembly's Replication to the Gov" Answer
Gov" Answer to the Assembly's Replication
A second Replication of the Assembly to the Gov" Answer.
Queries respecting the establishment of Courts with the Chief Jus-
tice's Answer.
Queries on the same subject with the Attorney General's Answer.
Copy of two Resolutions of the Assembly
Gov" Speech to the Council & Assembly at the opening the second
Sessions in May 1760
Gov" Speech at the close of the second Sessions in May
List of the Acts passed in the Sessions of April and May 1760.
Letter from Gov. Dobbs dated 21 July 1760 informing the Board
of his having got an Aid Bill passed in lieu of the one rejected.
Gov" Speech to the Council & Assembly
Council's Address to the Gov*
Assembly's Address to the Gov*
Minutes of Council in Assembly from 24 April to 23 May 1760.
Minutes of Council from (sic) 26 May to 27, 1760
330 COLONIAL RECORDS.
Minutes of Assembly on the same days.
Minutes of Council from 23 Nov. 1759 to 9 January 1760.
Copy of a Bill for granting an Aid to His Majesty
Copy of an Aid for granting an Aid to His Majesty and other
purposes.
Ordered that extracts be made of so much of Gov 1 Dobbs letters
and of the Minutes of Council of the 2 d January 1700 as relates to
the suspension of Francis Corbin Esq" from his seat at the Council
Board to be laid before His Majesty in Council and that the Draught
of a Representation to His Majesty thereupon as also the Draught of
a Representation proposing that John Sampson Esq. may be ap-
pointed of the Council of North Carolina in the room of James
Innes Esq r deceased be prepared.
Tuesday, December 2. 1760.
The draught of Representations to His Majesty proposing that
John Sampson Esq. may be appointed of the Council of North Car-
olina in the room of James Innes Esq deceased and for laying
before His Maj. the reasons of the Gov r and Council for removing
Mr. Corbin from his seat at that Board having been prepared pur-
suant to order were agreed to, transcribed & signed.
Tuesday December 9. 1760
Read an Order of His Majesty in Council dated the 3 rd inst. ap-
proving a Representation of this Board that John Sampson Esq.
may be appointed of the Council of North Carolina and directing a
proper Warrant to be prepared.
[From MSS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.
At a Council held at Wilmington the 2 nd January 1760
Present His Excellency the Governor
( Mathew Rowan Lewis De Rossett 1
The Hon bl V James Hasell and VEsq"
( John Dawson Rich d Spaight J
Upon his Excellenc3 r 's informing this Board that he had sent off
a Letter to admonish Mr. Corbin for non attendance at the last As-
sembly and this Session and that he hitherto had received no appol-
ogy on that account, And also for the many prevarications and
COLONIAL RECORDS. 331
contempts to the Council and manifest falsehoods and Endeavours
to impose upon the upper and Lower Houses of Assembly, It is
unanimously agreed That he be suspended from being a Member of
this Council until His Majesty's Pleasure shall be known.
As there are but the following Members of Council in this Prov-
ince Viz' — The. Hon Me Matthew Rowan, James Hasell, John Dawson,
Lewis De Rossett, John Rieussett, and Richard Spaight Esquires and
ths Hon ble John Swann, and Edward Brice Dobbs out of this Prov-
ince and the Hon ble James Innes Esq r Deceased and also the Hon ble
John Rieussett Esq r by an ill state of health obliged to leave this
Town and The Hon ble Matthew Rowan Esq r being hardly able to
attend by reason of his being in an ill state of health ; His Excel-
lency in Order to avoid the Publick Business of the Session being
put a stop to in case of the sickness of any one Member has agree-
able to his Majesty's [order] to nominate a Member or Members as
the necessity of Affairs may require, Appointed Charles Berry Es-
quire Chief Justice to be one of His Majesty's Council.
Charles Berry Esq r appeared at this Board and took the Oaths by
Law appointed for His Qualification repeated and subscribed the
Declaration and took the Oath of a Councellor and took his seat at
the Board Accordingly.
A Petition from the Inhabitants of the Town of Wilmington
Praying that the said Town be incorporated was laid before this
Board which after some alterations was Granted.
Upon Petition of Jacob Munse, It is Ordered that a Patent issue
to him agreeable to his Petition.
At a Council held at Wilmington the 8 th January 1760
Present — His Excellency the Governor.
{Matthew Rowan Lewis De Rossett )
James Hasell Rich d Spaight & V Esq"
John Dawson Charles Berry j
His Excellency having mentioned to the Board the length of time
the Assembly has now Sat and no Business done in re-establishing
the Course of Judicature which His Majesty has repealed and no
likelihood of their agreeing to Proper Laws His Excellency desired
the opinion of this Board whether it would not be for His Majesty's
Service and good of the Country that the Present Assembly be dis-
solved which was agreed to Nem. Con.
332 COLONIAL RECORDS.
At a Council held at Wilmington the 9 th day of January 1760.
Present His Excellency the Governor.
Upon Petition of Richard Spaight and upon Examination of
William Herritage Esq r upon Oath — It is Ordered that the Word
above in a Patent granted to Thomas Stephens dated 20 th day of
November 1759 and that the Record be altered accordingly
Upon Petition of John Wolch, It is Ordered that a Warrant issue
accordingly to the prayer of his petition.
Upon petition of John Fonvielle, Ordered that a Patent granted
to Thomas Smith the 20 th of April 1745 for three hundred and thirty
Acres of Land in Craven County and thirty Acres of Land in Craven
County and the Record thereof be altered agreeable to the Plott.
Upon Petition of Frederick Becton and James M°Deed Ordered
that the said Fred k Becton and James M°Deed have Patents issue
upon the Surveyor Generals return of their Warrants.
Upon Petition of James M°Manus — Ordered that Patents issue
upon his Warrant being mentioned by the Surveyor General Viz* —
One for five hundred acres, one for three hundred acres, and on one
for one hundred and fifty acres of Land in the County of Anson
agreeable to his Petition
At a Council held at New Bern the 24 th Day of April 1760.
Present — His Excellency the Governor.
t\ it we f James Hasell Lewis De Rossett & 1 v rs
l he ±1011 ^ JohnSwami Richard Spaight j ^ sq
Then were Read several Warrants and Patents for Land which
were granted as p Warrant and Patent Books.
At a Council held at New Bern the 10 th May 1760.
Present — His Excellency the Governor.
( James Hasell John Rieussett ^
The Hon bl V John Dawson Rich* Spaight & VEsq"
( Lewis De Rossett Charles Berry j
Then were read several Warrants and Patents for Land which
were granted.
Upon Petition of Richard Fenner and reading the affidavit of
Sol. Smith, Ordered that said Sol. Smiths Patent for 640 Acres of
Land in Craven County dated 18 th day of February 1737 be Recorded
in the Secretary's Office.
COLONIAL RECORDS. 333
At a Council held at New Bern the 13 th May 1760.
Present — His Excellency the Governor
( James Hasell John Rieussett ^
The Hon M ° J \°\ n 5» wann Richd ^P^* I Esq"
John Dawson and n
Lewis DeRossett Charles Berry J
Upon Petition of Samuel Swann Esq r in behalf of William Can-
non,
It is Ordered, That the Words up the Creek in a Patent granted
by Governor Johnston the 11 th of March 1740 be expunged and also
that the Record be altered accordingly
Upon Petition of Samuel Swann Esq' It is Ordered, That a War-
rant of Resurvey issue to survey the Land Granted by Patent the
2 d day of November 1738 to George Moy containing 200 Acres in
the County of Beaufort lying upon Grindal Swamp and to make
return thereof to the Governor and Council.
Upon Petition of Samuel Swann Esquire It is Ordered, that the
Patent granted to William Cannon for 400 Acres in Beaufort County
the 6 th of April 1745 the first [line] thereof be altered from S° 60 E'
to N° 60 E* agreeable to the Plott, annexed to the Patent
Upon Petition of Samuel Swann Esq 1 It is Ordered, That a War-
rant of Resurvey upon the Lands granted by Patent to George Moy
the 22 d November 1738 containing four hundred Acres in Beaufort
County on the South side of Grindal Creek do issue and that return
thereof may be made to the Governor and Council.
Upon a Petition of the Inhabitants of the Town of Halifax Pray-
ing that the said Town be incorporated was laid before this Board,
which was accordingly granted.
At a Council held at New Bern the 15 th day of May 1760
( James Hasell John Rieussett ^
The Hon ble8 < John Dawson and \ Esq™
(_ Lewis DeRossett Richard Spaight J
Then was Read and Granted several Warrants for Land.
Upon a Petition of the Inhabitants of Edenton Praying that the
said Town be incorporated in the same manner as the Town of Hali-
fax, which was Granted.
Upon a Petition of the Inhabitants of the Town of Newbern Pray-
ing that the said Town be Incorporated in the like manner as the
Towns of Halifax and Edenton Except that the number of Common
334 COLONIAL RECORDS.
Councilmen be eight instead of twelve which was accordingly
Granted.
Ordered that a New Commission of the Peace and Dedimus issue
to the County of Hertford.
At a Council held at New Bern the 19 th clay of May 1760.
Present His Excellency the Governor
C James Hasell John Reiussett ^
The Hon"' J John Swann Rich* S P ai g nt
j John Dawson and
^ Lewis De Rossett Charles Berry
Es
It is ordered that the • Queres on the following Abstracts of His
Majesty's Instructions and Clauses in two several Bills for Es-
tablishing Courts in the Province of North Carolina Proposed by
His Excellency the Governor for the Consideration of Charles Berry
Esq r His Majesty's Chief Justice and Thomas Child Esq r His Maj-
estys Attorney General.
Abstracts of His Majesty's Instructions
You shall not appoint any Person to be a Judge or Justice of the
Peace without the advice and consent of at least three of our Coun-
cil — signified in Council nor shall you execute yourself or by Depu-
ty any of the said Offices, And its our Will and Pleasure that all
Commissions to be Granted by you to any Person or Persons to be
Judges, Justices of the Peace or other necessary Officers be granted
during Pleasure only.
We do hereby Will and require you not to pass or give your assent
hereafter to any Bill or Bills in the Assembly of our said Province
of unusual and extraordinary nature and importance wherein our
Prerogative or the property of our Subjects may be Prejudiced until
you have first transmitted unto our Commissioners of Trade and
Plantations in Order to be laid before us the Draught of such Bill
or Bills and shall have received our Royal Pleasure thereupon un-
less you take care in the passing any Bill or Bills that there be a
Clause inserted suspending and defering the Execution thereof until
our Pleasure be known concerning the same.
It is our further Will and Pleasure that you do not for the future
upon any pretence whatsoever give your assent to any Law or Laws
to be passed in our said Province inconsistant with our said Instruc-
tions to you; or prejudicial to that right or authority which you de-
rive'from us in virtue of our Commission and Instructions.
COLONIAL RECORDS. 335
A Bill having passed both Houses of Assembly for Establishing
Superior Courts of Justice &c in which there is a Clause directing
that the Justices to be appointed by the said Act should hold their
Commissions " Quam Diu se bene Geserint " and also another Clause
confining his Majesty in the Appointment of the Associate Justices
Quere, As the above Clauses are Repugnant to my Instructions
Ought I consistant with my duty to pass this Bill ; and do you give
it as your opinion and advice that I ought to lessen his Majesty's
Prerogative by passing this Bill
A Bill having passed both Houses for Establishing Inferior Courts
of Pleas and Quarter Sessions, in which they have given the said
Courts a Jurisdiction of Fifty Pounds.
Quere, As the late Law was Repealed by His Majesty in Council •
Principally on Account that the Jurisdiction was too extensive when
at forty Pounds, Ought I to Pass the present Bill as it now stands,
And do you give it as your opinion and advice that I ought to
pass it.
At a Council held at Newbern the 21 st day of May 1760
Present — His Excellency the Governor
'James Hasell John Rieussett^
The Hon- J ^J 111 ® Wann Richd S P ai S ht > Esq"
John Dawson and / x
(^ Louis De Rossett Charles Beriy j
Ordered that a new Commission of the Peace and Dedimus for the
County of New Hanover issue and that George Meares, John Davis
Jun r , John Paine, Frederick Jones and Job Howes be added in the
Commission, and that the names of Armond De Rossett and James
Morris who are both deceased be struck out.
Ordered, That a new Commission of the Peace and Dedimus issue
for the County of Northampton and that John Dawson, Henry Daw-
son, Harwood Jones, Howel Edmons and Joseph Sikes be added in
the Commission.
Upon Petition of John Bonners
It is Ordered, That a Warrant of Resurvey issue upon six hun-
dred and forty Acres of Land belonging to Leonard Loftins on the
East side of Handcocks Creek agreeable to the Prayer of the above
petition
The Hon ble Charles Berry Esquire laid before this Board his answer
to the Queres proposed by the Governor of the 19 th Inst and is as
follows Viz'
336 [COLONIAL RECORDS.
I have considered the several above clauses extracted from his
Majesty's Instructions to your Excellencys as likewise the Bill for
Establishing Superior Courts of Justice within this Province which
having provided Competent Salaries for the Associate Justices so as
to make it worth while for Persons of skill and Learning in the Law
to accept those offices whereby notwithstanding the expensiveness of
the circuit the Suits and Causes depending in the superior Courts
may now without delay to the suitors receive proper determinations
I conceive the Chief reason for Repealing the Supreme Court Act
passed in 1754 is thereby obviated and am of opinion that there
cannot be a Bill better framed or more adapted to the peculiar cir-
cumstances of this Province than the present Bill
With regard to your Excellency's Quere wherein you desire my
opinion whether you should give your Assent to the said Bill on
Account of two Clauses in the Bill objected to by your Excellency
and here stated, my opinion with Respect to that is as follows —
Considering the present circumstances and situation of affairs in
this Province and [the] indispensible necessity there is of an imme-
diate Establishment of Proper and convenient Courts of Justice upon
which so greatly depends at this time as well the Interior Peace and
wellfare as the support of the Trade and Credit of this province
which has greatly suffered from a cessation of the administration of
Justice for eight months past owing to there not having been during
that time convenient and necessary Courts established; I would
advise your Excellency to give your assent to this said Bill — not-
withstanding the said two Clauses and the rather as I do not think
His Majesty's Royal Prerogative can be in any danger of being
lessened or diminished by your Excellency's giving your Assent to
the Bill which is not conclusive on the Crown and can only exist
during His Majesty's Royal Will and pleasure.
CHARLES BERRY Chief Justice
22 d May 1760.
With regard to the other Query I beg leave to observe to your
Excellency that there were other Reasons for the Repeal of the late
County Court Act more cogent in my opinion than that stated in the
above Query as wdll appear in the Reports from the Lords of Trade
to His Majesty
There is another circumstance which I would also beg leave to
observe to your Excellency, and that is, that at the time I had un-
der my consideration in England, the late County Court Act I w r as
COLONIAL RECORDS. 337
a stranger to the nature of the Jurisdictions of the County Courts in
General in America particularly those in Virginia a neighboring
Colony which I find have a much higher jurisdiction than that
given by the present Bill to the Inferior Courts here and therefore
notwithstanding the Jurisdiction of the Inferior Courts here is some-
what increased by the present Bill yet considering that Writs of
Error and Appeals do lay from the Inferior to the Superior Courts
in all cases of consequence where any person may conceive himself
agrieved by the Judgment of an Inferior Court, I am of opinion
your Excellency may give your Assent to the said Bill as no very
mischievous consequence can arise to His Majestys Subjects from
the Judgment of those Courts while there are Superior Courts to
Controul and correct their Errors without which such extensive Ju-
risdictions might be of very mischievous and dangerous conse-
quence to the Subject as thereby the Judgments and Opinions of
such Inferior Courts would in such Case be final and absolute.
CHARLES BERRY, C. J.
22 d May 1760.
Thomas Child Esq r Attorney General this Day laid before this
Board his Answer to the Queres proposed by the Governor of the
19 th Instant which is' as follows
With Respect to the first Clause in this state of a Case upon the
Bill which has passed both Houses of Assembly, for establishing
Superior Court of Judicature namely that the Justices pursuantly
to be appointed should hold their Commissions " Quam diu se bene
Gesserint," I am Opinion that the present desperate situation of
Affairs in this Province requires 3 7 our Excellency's Assent to be
given thereto notwithstanding the Terms of that Clause which seem
to be exceptionable on viewing the surface only of your Instructions
and the rather as there are not wanting precedents too of this Na-
ture in His Majesty's other provinces occasioned no doubt by the
Spirit of particular times, which had devised the same measures for
having the Justices Commissions in America to depend upon good
behaviour as had occasioned those of the Judges to be so framed at
home Moreover I am confident that no Gentleman w T ho comes
within the Qualifications provided by that Bill would quit an Es-
tablished Practice at the Bar for an Office to be held on so precarious
a Tenure as the pleasure of a Governor, and so a good Court Bill
could never be properly executed
Vol. YI—22
338 COLONIAL RECORDS.
And as the second Clause which confines Governors to the appoint-
ment of fit Persons to be such Justices, I am clearly of- Opinion that
this no more than the other Clause forms an indispensable objection
to the giving your Excellency's Assent as aforesaid On the contrary
late Experience of many successive appointments of Persons to
those Offices who were devoid of every legal Qualification at the
least necessitates the Insertion of some such Cautionary Clause, in
Order that the rights of the Crown and the Dignity of Judicial
Offices may be maintained and the rights of the. People better secured
for the future to which Clause likewise, were it an argument of any
decisive weight, a Parallel instance may be produced
But with relation to the extraordinary Query subjoined to the
above mentioned State that is to say whether I would advise your
Excellency " to lessen His Majesty's Prerogative &c " My answer is
that happily for the Constitution of Great Britain, It is not in the
Power of Governors by any Act whatsoever to diminish the Just
rights and power of the Crown, which are inherent and inseparable
and upon the preservation of which depends the very Constitution
itself. They may indeed disgrace the Delagation of a particular
trust to them by an abuse or unworthy Execution of it, but no Act
of theirs, no not such as is even done within the express Terms of
their Commissions can ultimately bind the Crown in Case his
Majesty should afterwards think fit to give his Royal disallowance
thereof
T. C— A. G.
As to this Query relating to the Inferior Court Bill it is necessary
for me previously to observe that I have already given your Excel-
lency my opinion on that head founded upon the precedent of an
Act passed in the Neighbouring Colony of Virginia which has actu-
ally, as I have since heard been confirmed by His Majesty in Coun-
cil, the substance of this Precedent expressly answers one of the
Chief objections made to the late County Court Act, and the Compe-
tency of many Gentlemen now Resident in the Several Counties to
Constitute those Inferior Branches (were such only to be sought for
and Commissioned) would remove that other, which was thought
perhaps the most material objection of all.
Upon the whole considering the unhappy circumstances of the
Province which has already been for near Eight months deprived
of any Courts of Judicature, and must without your Excellencys
assent to these Bills continue in its present State of Anarchy, interior
COLONIAL RECORDS. 339
Tumult and dangerous Insurrection and considering also that such
a deviation from the Letter of your Instructions can only tend to
bring the Constitution of this Province to a nearer Degree of affinity
with its mother Country and to dispense to His Majesty's Loyal
Subjects here those rights and Priviledges which they Claim by
Birthright as the unalienable Inheritance of their Ancestors, It is
my advice and recommendation to your Excellency that you would
give your immediate Assent to these two Bills
Remembering That the Act of restoring Life and Energy to Gov-
ernment, and to the Subject protection of his Liberty and Property
is a Primary Civil Duty which at all times and in all circumstances
is obligatory and indispensable
THO. CHILD, A. G.
New Bern 20 th May 1760.
At a Council held at New Bern the 24 th clay of May 1760.
Present — His Excellency the Governor.
{James Hasell Lewis De Rossett ^
John Swann John Rieussett & V Esq rs
John Dawson Rich d Spaight j
Whereas it appears that the two Tracts of Land belonging to
George Moy in Beaufort County are in this District belonging to
Earl Granville on which Tracts Warrants of Resurvey was Granted
the 13 th Ins'
It is therefore Ordered that the Warrants of Resurvey do not
issue and that the said Orders be void.
Mr. Fenner having proved the Service of the Order of Council of
the 1 st of September 1759 on Valentine Wade Esq r and he having
not appeared according to that Order or since to vindicate his char-
acter
It is Ordered that the said Valentine Wade be struck out of the
Commission of the Peace.
It is Ordered that Richard Fenner, William Coole, Ross Bell and
Thomas Shaw be added to the Commission of the Peace for the
County of Carteret.
It is Ordered that John Frohock and John Oliphant be added to
the Commission of the Peace for Rowan County.
At a Council held at Newbern the 27 th day of May 1760
Present — His Excellency the Governor.
340 COLONIAL RECORDS.
The Hon ble / James Hasell Richard Spaight & \ ™ „
\ John Rieussett Charles Berry J *
Ordered that Tyre Harris, David Hart, Joseph Barbee and Na-
thaniel Kimbrough be added to the Commission of the Peace for the
County of Orange.
Ordered that Benjamin Johnson, Joseph Wilson, Thomas Rout-
ledge and Daniel Herring be added to the Commission of the Peace
for the County of Duplin.
Ordered that John Simpson, Edward Shufford and John Alderson
be added to the Commission of the Peace for Beaufort County. '
Ordered That Montford Elbech, John Bradford and James Smith
be added to the Commission of the Peace for the County of Halifax.
Ordered That William Haywood and Micajah Thomas be added to
the Commission of the Peace for Edgecomb County.
Ordered That Samuel Swift, Benjamin Allison, Robert Eyre and
Robert Hardy be added in the Commission of the Peace for the
County of Chowan.
Ordered that New Commissions of the Peace issue for the several
Counties in the Province not before mentioned.
Then' was Read and Granted Several Warrants and Patents for
Land as 1$ Warrant and Patent Books.
At a Council held at Wilmington the 4 th day of July 1760.
Present — His Excellency the Governor.
f James Hasell Richard Spaight ^
The Hon bl V John Swann and VEsq™
( Louis De Rossett Maurice Moore J
Ordered that William Case upon his Non appearance when re-
quired by summons to answer several Charges against him in Coun-
cil be struck out of the Commission of the Peace for the County of
Duplin.
Ordered That George Meares and Lewis Powell be struck out of
the Commission of the Peace for Duplin County they having re-
moved out of the said County, and also that Benjamin Johnston be
not inserted in the said Commission and that James Hollingsworth
be added in his Room.
At a Council held at Wilmington the 12 th day of July 1760
Present — His Excellency the Governor
rr] tt bis f James Hasell Louis De Rossett \ -p-, n ™
\ John Swann Richard Spaight J *
COLONIAL RECORDS. 341
Then was read several Patents and Warrants for Land which were
Granted p. Warrant and Patent Books
Ordered That the Governor sign a Patent for John M°Farlen for
one hundred Acres in Cumberland County and that Secretary coun-
tersign and issue the same.
Ordered That John Boyd, Thomas Bonner Jun r and George Moy
be added to the Commission of the Peace for Beaufort County.
Ordered That'Isaac Saunders, Thomas Bonner and Jesse Eason
be added to the Commission of the Peace for Perquimons County.
At a Council held at Wilmington the 18 th November 1760
&*
Present — His Excellency the Governor
( James Hasell John Rieussett ")
The Hon bl V John Swan n and VEsq™
( Lewis De Rossett Maurice Moore J
Several Warrants and Patents for Land were read and Granted as
p. Warrant and Patent Books.
Read the Petition of William Spaight setting forth That the Peti-
tioners Brother John Spaight obtained His Excellency's Warrant
for three hundred Acres of Land in Craven County One hundred
and thirty five acres of which was surveyed and Returned into
the Secretary's Office and the said John Spaight by means of a Fall
off a tree died suddenly before a Patent could be obtained in his
name for the said Land, The Petitioner therefore humbly Prays a
Patent may issue to him as heir at Law of his Deceased brother, and
the matter alledged in the said Petition being proved by the Oath of
Christopher Neale
It is Ordered a Patent issue to William Spaight on the Lands by
him petitioned for
Ordered that Disputes and Caveats about Lands be heard on Thurs-
day next in the afternoon and that publick Notice be given thereof.
At a Council held at Wilmington the 20 th day of November 1760
Present — His Excellency the Governor
( James Hasell John Rieussett ^
The Hon b, V John Swann and VEsq™
( Lewis De Rossett Maurice Moore J
Ordered that a Commission and Dedimus issue for Johnston County
and that Needham Bryan, Needham Bryan Jun r , John M°Cullers,
Henrv Harris and Isaac Bush be added to the Commission
342 COLONIAL RECORDS.
Ordered that a Commission and Dedimus issue to William Harris,
Thomas Smith, Thomas Barrow, Richard Harvey, Edward M c Swain,
John Lockhart, Benjamin Mason, John Webster, Thomas Jordan,
George Barrow, Samuel Smith, Robert Gilles, Richard Wilkinson,
Thomas Jones and Rotheas Latham to be Justices of the Peace of
Hyde County.
Ordered That a Patent issue to Joseph Wallis for one hundred
acres of Land in Craven County agreeable to a Plot sworn to by
Chris 1 Neale.
Ordered that administration issue to John Burgwin on the Estate
of Robert Reyley deceased on giving Bond with Securities, the said
John Burgwin appearing to be the greatest Creditor in right of John
Baldwin
On hearing the Caveat Eleanor M c Dowell against Barnard How-
ard —
Ordered that a Patent issue to Barnard Howard of the Lands
Caveated ; and Ordered that a Patent issue to Mrs. M c Dowal accord-
ing to the Plot Run, and that Mrs. M c Dowals Patent be of prior
Date.
Ordered that all Caveats be determined on or before the Court of
Claims next succeeding the Court when such Caveat shall be entered
and on default thereof that such Caveats be discharged unless suffi-
cient Cause shown to the Contrary.
At a Council held at Wilmington the 22 d November 1760
;- 1
Present His Excellency the Governor
( James Hasell John Rieussett ^
The Hon bl9 < John Swann and VEsq"
( Lewis De Rossett Maurice Moore J
Ordered That a Proclamation issue for a Thanksgiving to be held
on Tuesday the 23 d of December next
At a Council held at Wilmington the 29 th November 1760.
Present His Excellency the Governor.
i lie lion | John Rieussett Richard Spaight / ^ Sq
Several Warrants and Patents for Land were Read and Granted
1* Warrant and Patent Book.
Upon Petition of Thomas Graves setting forth that he obtained
His Excellences Warrant for two hundred Acres of Land on Batch-
elors Creek in Craven and had the same surveyed and returned,
COLONIAL RECORDS. 343
that the Warrant by some accident has been mislaid so that the
Petitioner has been thereby hindered from obtaining a Patent for
the said Land, but the Plots of the Survey of said Land having
been lately found, The Petitioner Prays a Patent may issue to him
of the said Land agreeable to the said Plots.
Ordered that a Patent issue to Thomas Graves agreeable to the
Prayer of the Petition
At a Council held at Wilmington the 5 th December 1760.
Present His Excellency the Governor.
[James Hasell Richard Spaight~|
The Hon bl V John Swann and VEscf 5
( John Rieussett Maurice Moore J
Ordered That a Commission and Dedimus [issue] ferthe County of
Granville and that Robert Harris, Samuel Henderson, Osborn Jeffries,
Samuel Benton, and Philip Pryor Esq ra be restored as Justices of
the Peace for the said County and that they be placed in the Com-
mission in the same rank they formerly stood.
Whereas several complaints has been made to this Board against
some of the Justices in Granville county,
Ordered That the Chief Justice and Associates enquire into the
said Complaints and make return of their Opinion thereupon to
His Excellency in Council
Ordered That a Commission and Dedimus issue for Pitt County
and that Edward Salter, John Hardie, William Speirs, John Simp-
son, Edward Stafford, John Tyson, George Moy, Francis Hobson and
Robert Lanier Daniel, be Justices of the Peace for the said County
Ordered That a Commission and Dedimus issue for the County of
Beaufort and that Robert Palmer, John Barrow, Michael Coutanch,
Robert Boyde, Samuel Boutwell, James Bonner, Philip Prichet, John
Boyde, John Alderson, William Dunbar, Thomas Respass, Moses
Hare, James Ellison and John Wallace be Justices of the Peace for
the said County.
Ordered, That a Commission and Dedimus issue for Dobbs County
and that Robert Rainey, John Baptista Sheppard, Robert Sims and
Robert Reynolds be added to the said Commission
Ordered, That a new Commission and Dedimus issue for Craven
County and that James Parkinson, John Benners, and Christopher
Dawson Jun* be added to the said Commission
Read the Petition of Thomas Cunnyngham setting forth that he
obtained a Patent from his Excellency Governor Johnston dated
344 COLONIAL RECORDS.
the 5 th day of March 1743^ for two hundred acres of Land in New
Hanover County on Lockwoods folly River and Bounding the Lands
of Jonathan Swann and Thomas Bell, and whereas the Petitioner
hath lately discovered that the said Land Granted as aforesaid is
included on a Prior Patent now in the Possession and property of
John Daniel of said County. The Petitioner therefore prays that
the surrender of his said Patent be accepted and that he be.no longer
chargeable for the Quitrents accruing to His Majesty by virtue of
said Patent and the same be Entered on the Council Journals
Ordered that upon his proving what is set forth in the above
Petition that the surrender of His Patent will be accepted of.
Then was read and Granted several Warrants and Patents for
Land as p Warrant and Patent Books.
At a Council held at Wilmington the 6 th day of December 1760
Present — His Excellency the Governor
{James Hasell Rich d Spaight ^
John Swann and V Esq rs
Lewis De Rossett Maurice Moore J
Upon the Petition of many of the Inhabitants of Rowan County
It is ordered That a new Commission and Dedimus issue to the said
County and that William Giles, William Ellis and William Lynn
be added to the said Commission and that the names of those in
the former Commission dead or removed out of the County be not
inserted
His Excellency laid before this Board the following Reasons for
dissolving the Assembly which he desired might be inserted in the
Journals and were as follows.
1 st . Because the Assembly in the first Session at New Bern arbi-
trarily admitted a person to sit in that House as a Member without
His Majesty s Writ.
2 d That during the same Session the Chairman of the Committee
of Elections upon calling for a Sheriffs return in respect of a County
Election cursorily reported the same to the House and the Assembly
in Consequence thereof expelled a Member of that House without a
hearing
3 d That during the same Session the Assembly refused to receive
a Message from the Governor for near five hours having resolved
themselves into a Committee of secrecy, wherein no Member was to
communicate the proceedings of that day under pain of Arbitrary
expulsion
COLONIAL RECORDS. 345
4 th That during the short Prorogation at New Bern the Governor
desired to see the Proceedings of the Assembly and Particularly the
Resolutions framed in the secret Committee which the Speaker in
Person absolutely refused, alledging he must correct and amend
them, and in Virtue of that Pretence withheld them from the Gov-
ernor for the space of six days.
5 th That the Assembly during the second Session took upon them by
a Vote of that House to appoint one Anthony Bacon rejected by the
Council in the preceeding Assembly the Agent for this Province with
an annual Salary, thereby assuming to themselves the sole right of
nominating an Agent and confirming that nomination independent of
the other Branches of the Legislature solely by a vote of that House.
6 th That the Assembly who when they met in June last raised
three hundred men. for the defence of the Frontier with only Twenty
five members refused when convened on the like occasion in October
to proceed upon Business without a Majority of the whole House
expressly contrary to His Majestys Instructions, which they give out
are no wise binding on them, or in no wise to be regarded by them.
7 th That the Speaker from his great influence in the Assembly
debates from the Chair and after a Division puts the question over
again in a different manner, whereby it has happened that a Majority
has been declared contrary to the first Question a Method incon-
sistant with the established Rules and usage of Parliament
[B. P. R. O. North Carolina. B. T. Vol. 30.]
LEGISLATIVE JOURNALS.
North Carolina — ss.
At an Assembly begun and held at New Bern the twenty fourth
day of April in the year of our Lord, one thousand Seven Hundred
& Sixty and in the thirty third year of the Reign of our Sovereign
Lord George the second by the Grace of God of Great Britain France
& Ireland King &c being the first Sessions of this Present Assembly.
In the Upper House
Present.
{James Hasell Richard Spaight ")
JohnSwann and VEsq rs
Lewis De Rosset Maurice Moore J
His Excellency the Governor came to this House & having Com-
manded the attendance of the Assembly made to both Houses the
following Speech.
34(3 COLONIAL RECORDS.
Gent 11 of His Majestys Council Mr. Speaker and Gent" of the
Assembly
It is with the greatest Pleasure that I meet you in this new
Assembly at this important Crisis which I hope will determine &
soon finish by the Blessing of God upon the exertions of the United
force of Britain and her Colonies a long & cruel War in which our
Holy Religion Liberties & Possessions have been in the utmost
Danger from our perfidious & cruel Enemies, and am confident if
His Majesties Measures are supported by the United force of these
Colonies it will secure our Peace & Safety to our latest Posterity.
I have received his Majestys Commands communicated to me by
Mr. Secretary Pitt and a Letter from Gen 1 Amherst, which I shall
lay before you, to Assemble you on the earliest Notice and Consult
with you on this important Crisis where your Assistance is required
with the utmost despatch in raising what Men can be spared in the
Colony, that we may exert our whole force in conjunction with his
Majestys Forces from Britain to dispossess & drive the French from
all the unjust acquisitions on this Continent His Majesty having
resolved to exert the whole Force of Britain & the Colonies to finish
the War this Campaign & give Peace by securing the Protestant,
Apostolic Religion & Liberties of Europe & more immediately of
Britain & these Colonies, which by a due Exertion of our United
force will finish our expence and procure us for the future a lasting
Peace from French and Indian Invasions & Depradation.
Mr. Speaker & Gent 11 of the Assembly.
I am confident that from these vigorous measures inspired into
His Majesty & his Council by the great & surprising Success of his
Majesty's Arms throughout the Globe Sea and Land, and the present
Distress & Ruin of the Trade & Marine of France wherein the influ-
ence & Assistance of divine Providence is so imminently displayed
in the defence of our Holy Religion & Cause of Liberty, that you
will exert your Power & continue that zeal which you have hitherto
shown in defence of His Majestys Right & of our holy Religion &
Liberties, as it will be the only effectual method to prevent any
future expence which has been so heavy upon this Infant Colony
which is but now settling. And I therefore recommend it to you in
the strongest manner to ease you of all future expence, that you will
grant a Supply to raise without Loss of time what Men can be
spared to assist in these vigorous Measures.
COLONIAL RECORDS. 347
Gent" op His Majesty's Council Mr. Speaker and Gent" of the
Assembly
I have nothing further to recommend to you but only the Reen-
acting & amending the Repealed -Bills of the Supreme & County
Courts & the Act to Establish Vestries without the Clauses objected
to in that Repealed Laws, in which you will consult the General
Good of the Province, And I shall concur with you in every Measure
that will make the Tax necessary to be raised for the Bounty Money
Cloathing & Pay of the Troops required, to be the most easy to the
Inhabitants until it be repaid by the Money already granted, or
promised to be farther recommended upon a proper exertion of our
Force & our zeal shewn at this important Crisis, and therefore
recommend it to you to unite in appointing an Agent to receive &
remit what Money his Majesty has or shall recommend to be given
by the Parliament in Britain to this Province by a particular Bill
framed for that purpose, which I shall heartily Concur in as it may
be the means of lessening your Debt and ease you of future Expence,
and hope by the Blessing of God on our endeavors, that I shall
have no future Call upon you for any Supply but what you may
think necessary for the Increase & Improvement of the' Trade &
Navigation of this Province.
This House took under their Consideration His Excellency's Speech ;
And order'd the same to be Read : Which was accordingly done :
And the Hon ble Lewis De Rosset & Maurice Moore Esq" were ap-
pointed a Committee of this House to prepare an Address to his
Excellency.
Then the House adjourned till three O'Clock in the afternoon
The Hon ble James Hasell Esq r appeared & Adjourned the House
till tomorrow Morning 9 O'Clock.
Friday 25 th April 1700 .The House met according to Adjourn-
ment
Present. .
( James Hasell' Rich d Spaight )
The Hon We -^ Jn° Swann Cha" Berry & VEsq"
( Lewis De Rosset Maurice Moore J
The Committee appointed by this House to draw up an Address
in answer to his Excellency the Governors Speech Reported they
had prepared the same; Which was Order'd to be Read The same
was Read approv'd of: And Resolved That the same stand the Ad-
dress of this House & be entered on the Journal thereof as follows
Viz 1
348 COLONIAL RECORDS.
Sir
We his Majesty's most dutiful and Loyal Subjects, the Members of
his Council of North Carolina, beg leave to return your Excellency
our most humble & hearty Thanks for your Speech at the Opening
of this Session.
The Critical and important Situation of affairs in America at this
juncture we are fully sensible of and hope that the great wise dis-
poser of all things (as at every other Period of Importance since the
beginning of this War) will render the event favorable to our Holy
Protestant Religion Liberties & Possessions.
We view with the greatest Pleasure the distressed & indigent cir-
cumstances of the implacable & inveterate enemy to Britain & the
British name : The French whose present wretchedness & Calamity
(drawn on themselves by their own unjust designs against & wicked
Practices in his Majesty's American Dominion) we hope will speedily
not only be productive of a firm and lasting Peace, but will effect-
ually secure our Holy Religion and give his Majesty's faithful Ameri-
can Subjects the Peaceable possessions and enjoyment of all North
America.
His Majesty's Paternal Affection to his Infant Colonies at this time,
in fully purposing to Act Vigorously (for their preservation) against
the French in this Continent the ensuing Campaign is no less con-
spicuous than in any other instance during the whole course of the
present War, and the event of such design is too interesting to leave
the least room to doubt that the faithful Representatives of his Maj-
esty's Dutiful & Affectionate Subjects of North Carolina, will to the
utmost of their Power, second such valuable & important Purposes,
from the Success of which only, can be derived that perfect Peace &
Happiness which now is & so long has been ardently wished for, by
all his Majestys (but more especially American) Subjects.
We assure your Excellency we shall with the utmost cheerfulness
concur with the other House in every measure that may tend either
to the Security of the British dominion in America or in enacting
such Laws as will be most consistent with the Interests of this
Province.
Then the House adjourned till 4 o'clock in the Afternoon.
The House met according to Adjournment.
Present as before.
Then the House adjourned till to-morrow morning 9 o'Clock.
COLONIAL RECORDS. 349
Saturday 20 April 1700. The House met according to Adjourn-
ment.
Present as before.
The House waited on his Excellency and by the Hon ble James
Hasell Esq r presented him with the Address thereof, to which his
Excellency was pleased to make the following Answer
Gent" of His Majesty's Council.
The just Sense you shew of his Majesty's great Care and Concern
for our preservation and future safety from our inveterate Enemy
the French & the preservation of our holy Religion Liberties & Pos-
sessions is inconsistent with the Zeal } r ou have always shewn in the
defence of his Majesty's Rights & Possessions in America & your
assurance of Concurring with the Assembly in such Measures as will
secure the British American Dominions, and in enacting such Laws
as will be consistent with the Interest of this Province is very agree-
able to me and is a confirmation of the Zeal you have always shown
in defence of our Holy Religion Liberties and Possessions.
Then the House adjourn'd till 9 O'clock Monday Morning.
Monday 28 th April 1700. The House met according to Adjourn-
ment.
Present as before.
Then the House adjourn'd till tomorrow morning 9 O'clock
Tuesday 29 th April 1700. The House met according to Adjourn-
ment. •
Present
James Hasell Rich* Spaight
John Swann Maurice Moore
John Dawson and
^ Lewis DeRosset Charles Berry
Then the House adjourned till 3 o'Clock in the Afternoon.
The House met according to Adjournment.
Present as before
Then the House adjourn'd till tomorrow Morning 9 o'clock
Wednesday, 30 th April 1700. The House met according to ad-
journment
Present as before
The Hon ble
Esq r
350 COLONIAL RECORDS.
Rec'd from the Assembly the following Message
Gent" of His Majesty's HoN b,e Council
This House have appointed Mr. Jones, Mr. Harnet, Mr. Corbin,
Mr. Jos Hewes, Mr. John Harvey, Mr. Coutanch, Mr. M'Culloch, Mr.
Leech, Mr. Benj n Harvey and Mr. Moore a Committee of this House
to State & settle the Public Accounts of this Province; And Mr.
Starkey, Mr. Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. W m Wil-
liams, Mr. John Barrow & Mr. Frohock a Committee of this House
to settle & allow Public Claims in Conjunction with such of your
Honors as you shall think proper to appoint for the Purposes afore-
said.
28 lh April 1760 SAM SVVANN Sp 1
On motion Ordered the following Message be sent to the Assembly
Me. Speaker & Gent" of the Assembly.
In Answer to your Message relative to the Committee We have
appointed, the Hon ble Lewis DeRosset, Rich d Spaight and Charles
Berry Esq" a Committee of this House to State & Settle the Public
Accts. And the Honble John Swarm, Jn° Dawson & Maurice Moore
Esq rs a Committee of this House to Settle & Allow the Public Claims
Then the House adjourned till 3 O'clock in the Afternoon
The House met according to Adjournment.
• . Present as before
Then the House Adjourned till tomorrow morning 9 O'clock
Thursday l 8t May 1760. The House met according to Adjourn-
ment
Present as before
Then the House adjourn'd till tomorrow morning 9 O'clock
Friday 2 d May 1760. The House met according to Adjournment
Present as before.
Then the House adjourned till 4 O'clock in the Afternoon
The House met according to Adjournment.
Present as before.
COLONIAL RECORDS. 351
Reed from the Assembly by Mr. Hewes ife Mr. Harnett A Bill for
establishing Superior Courts of Pleas & Grand Sessions .
On Motion, Ordered the said Bill be Read. Rea'd the same the
first time Amended & Pass'd ;
Reed from the Assembly by Mr. Cavy & Mr. Swann a Bill to es-
tablish Inferior Courts of Pleas & Quarter Sessions, in the several
Counties in this Province.
Then the House adjournal till tomorrow Morning 9 O'clock
Saturday 3 d May 1760. The House met according to Adjourn-
ment
Present as before.
On Motion Ordered the Bill to establish Inferior Courts of Pleas
& Quarter Sessions &e be Read Read the same the first Time &
Pass'd
Rec'd from the Assembly by Mr. Gibson & Mr. Harvey a Bill for
the better Care and Security of Orphans & Managements of their
Estates.
On Motion, Ordered the said Bill be Read. Read the same the
first time & pass'd.
Rec'd from the Assembly by Mr. Thompson and Mr. Magee a Bill
for establishing Vestries.
On Motion, Order'd the said Bill be Read ; Read the same the first
time and amended & Passed.
Then the House adjourned till 3 O'Clock in the Afternoon.
The House met according to Adjournment.
Present as before
Then the House adjourned till Monday morning 9 o'clock.
Monday 5 th May 1760. The House met according to adjournment
Present as before
Rec'd from the Assembly by Mr. Corbin & Mr. Johnston a Bill
for making provision for an Orthodox Clergy ;
On Motion Ordered the said Bill be read ; Read the same the first
time and passed.
Rec'd from the Assembly by Mr. Neale & Mr. Magee, a Bill to
confirm an Agreement made by the present Churchwardens & Vestry
of Edgecomb Parish in the County of Halifax with the Rev d Mr.
Thomas Burges, and a Bill for enlarging the time for the Inspection
of Tobacco at the Public Warehouse in the Town of Halifax for
352 COLONIAL RECORDS.
increasing the Salaries of the Inspectors of the said Warehouses and
for other purposes therein mentioned; —
On Motion, Ordered the said Bills he Read. Read the same Bills
the first time & Passed
Then the House adjourned till 3 O'clock in the Afternoon
The House met according to adjournment.
Present
( James Hasell Lewis De Rossett Charles Berry ]
The Hon ble < John Swann Jn° Rieussett and VEsq™
( John Dawson Rich d Spaight Maurice Moore J
Then the House adjourned till tomorrow morning 9 O'clock.
Tuesday 6 th May 1760 The House met according to Adjournment
Present as before
Rec'd from the Assembly by Mr. Hewes and Mr. Vail a Bill for
repealing several Acts therein mentioned.
Rec'd from the Assembly by Mr. Ashe & Mr. Howe a Bill for Es-
tablishing Vestries
Then the House adjourned till 4 O'clock in the Afternoon
The House met according to Adjournment
Present as before
On Motion, Ordered the Bill for establishing Vestries be Read ;
Read the same the second time amended & Passed
Then the House adjourned till tomorrow Morning 9 O'clock
Wednesday 7 th May 1760. The House met according to Adjourn-
ment
Present as before
Rec'd from the Assembly by Mr. Hutchins & Mr. Graves a Bill
for making provision for an Orthodox Clergy
A Bill to confirm an agreement made by the present Church-
wardens & Vestry of Edgecomb Parish &c with the Rev d Mr. Tho 8
Burges ;
A Bill for the better care & Management of Orphans and their
Estates ;
And a Bill directing the Method of appointing Jurymen, &c.
On Motion, Order'd the Bill directing the Method of appointing
Jurymen &c be Read ; Read the same the first time & Pass'd
On Motion, Ordered the Bill for the better care and Security of
COLONIAL RECORDS. 353
Orphans &c. be Read; Read the same the second time amended &
Passed
Then the House adjourned till 3 O'clock in the Afternoon
The House met according to Adjournment
Present as before
Then the House adjournal till tomorrow Morning 9 O'clock
Thursday 8 th May 1760. The. House met according to Adjourn-
ment
Present as before
Then the House Adjourn 'd till 3 O'clock in the Afternoon
The House met according to adjournment
Present as before
Rec'd from the Assembly by Mr. Williams & Mr. Barrow A Bill
for Establishing Superior Courts of Pleas & Grand Sessions,
And A Bill to Establish Inferior Courts of Pleas & Quarter Ses-
sions, in the several Counties in this Province
Then the House adjourned till to-morrow morning 9 o'clock.
Friday 9 th May 1760. The House met according to adjournment
Present
f James Hasell Jno Rieussett "1
The Hon* \ ^ ® wann ° haS ^F [ Esq"
I John Dawson and ^
[_ Lewis De Rosset Rich d Spaight J
Rec'd from the Assembly by Mr. Bray & Mr. Houston, A Bill for
Licenceing Pedlars, And a Bill to amend and improve the Naviga-
tion from Howard Bay in New River in Onslow County to Bear Inlet.
On motion ; Ordered the Bill for establishing Superior Courts of
Pleas & Grand Sessions be Read ; Read the same the second time
Amended & Passed.
On motion, Ordered the Bill to establish Inferior Courts of Pleas
& Quarter Sessions &c be Read ; Read the same the Second time,
Amended & Passed.
Then the House adjourned till -1 O'clock in the Afternoon.
The House met according to adjournment.
Present as before
Then the House adjourned till to-morrow Morning 9 O'clock.
Vol. VI— 23
354 COLONIAL RECORDS.
Saturday 10 th May 1760. The House met according to Adjourn-
ment
Present as before
Rec'd from the Assembly by Mr. Starkey & Mr. Barrow a Bill for
the better Care & Security of Orphans & management of their Es-
tates, A Bill for enlarging the time for Inspection of Tobacco at the
Public Warehouse in the Town of Halifax &c and the following
Resolves.
Gentlemen of His Majestys Hon" 6 Council
This House on reading the Petition of John Rogers which we
herewith send and having maturely considered the same have Re-
solved That the said Jno Rogers be allowed for his said Service in
the said Petition mentioned the sum of Twenty Pounds Proc Money
and that the same be paid out of the Tax for Contingencies to which
desire your Honors Concurrence.
SAM SWANN Speaker.
Gent 11 op His Majesty's Hon"" Council.
This House on Reading the Petition of Henry Johnston which we
herewith send & duly considering the same, have Resolved that the
said Henry Johnston be allowed Thirty five Pounds Proc Money
for his said Service in his said Petition mentioned out of the Con-
tingent Tax and desire your Hon" Concurrence thereto.
S. SWANN Sp r
On Motion, Ordered the foregoing Resolves be taken into Consid-
eration the same were taken into Consideration and Concurred with.
On Motion, Ordered the Bill to amend & improve the Navigation
from Howards Bay in New River &c be Read ; Read the same the
first time and Pass'd.
On Motion Order'd the Bill for Licencing Pedlars be Read ; Read
the same the first time & Pass'd.
On Motion Ordered the Bill for enlargeing the time for the In-
spection of Tobacco &c be Read ; Read the same the Second time
amended & Passed.
On Motion ; Ordered the Bill for the Repealing several Acts therein
mentioned be Read ; Read the same the first time & Passed.
On motion Ordered the Bill for making provision for an Ortho-
dox Clergy be Read ; Read the same the Second time amended &
Passed.
COLONIAL RECORDS. 355
On Motion ; Ordered the Bill to Confirm an Agreement made by
the present Church Wardens & Vestry of Edgecombe Parish &c
with the Rev d Tho" Burges be Read ; Read the same the second time
and Pass'd.
Then the House adjourned till 4 O'clock in the Afternoon.
The House met according to Adjournment.
Present as before
Rec'd from the Assembly by Mr. Barker, Mr. Ashe, Mr. Howe ac-
companied by many other Members of the Assembly A Bill for es-
tablishing Superior Courts of Pleas &c And a Bill to establish Infe-
rior Courts of Pleas & Quarter Sessions &c.
Then the House adjourned till Monday morning 10 O'clock.
Monday 12 th May 1760. The House met according to Adjourn-
ment
Present as before.
On Motion, Ordered the Bill for establishing Superiour Courts of
Pleas &c be Read ; Read the same the third time & Ordered the fol-
lowing Message be sent to the Assembly
Mr. Speaker & Gent" of the Assembly.
On Reading a third time the Bill for Establishing Superior Courts
of Pleas &c This House observe That in the third Page & 16 th Line
the word (Therefore) is dele'd and the word (and) inserted, which
they apprehend to be a mistake, and that the word (and) should be
struck out and the word (therefore) inserted — They further observe,
that in the 22 d page and 2 d Line there ought to be inserted the fol-
lowing Words, (The Judgement or Decree of any Inferior Court)
They likewise take notice that by a Clause annexed to the Bill,
Witnesses are compell'd to attend from Court to Court in consequence
of one Summons. Whereas they apprehend that every summons
ought to extend only to the Court to which Originally returnable,
to which Amendments if your House agree Please to send such of
your Members as you think proper to see the said Amendments made;
On Motion Ordered the Bill to Establish Inferior Courts of
Pleas & Quarter Sessions &c be Read Read the same the third time
And Order'd the following Message be sent to the Assembly
Mr. Speaker & Gent" of the Assembly.
On Reading a third time the Bill to establish Inferior Courts of
356 COLONIAL RECORDS.
Pleas & Quarter Sessions &c We observe you have given the Courts
a Jurisdiction of Fifty Pounds, We propose that it shou'd be alter'd.
to thirty Eight Pounds And also that in the said Bill you have re-
quired Witnesses to attend from Court to Court in consequence of
one Summons ; We propose that every Summons shou'd only extend
to the Court to which it was Originally returnable. — To which amend-
ments'if your House agree please to send such of your Members as
you may think proper, to see the same done.
Then the House adjourn'd till 3 O'clock in the Afternoon
The House met according to Adjournment
Present as before.
Rec'd from the Assembly by Mr. Mackay & Mr. Blount A Bill for
Repealing several Acts therein mentioned A Bill for establishing
Vestries and a Bill to amend & improve the Navigation from How-
ards Bay in New River &c.
Rec'd from the Assembly by Mr. Taylor & Mr. Saunderson A Bill
to confirm an Agreement made by the present Church wardens &
Vestry of Edgecombe Parish &c with the Rev d Mr. Thomas Burges
On Motion ; Ordered the Bill for repealing several Acts therein
mentioned be Read ; Read the same the Second time and Pass'd
On Motion, Ordered the Bill to confirm an Agreement made by the
present Church wardens & Vestry of Edgecombe &c with the Rev'd
Thomas Burges be Read ; Read the same the third time & Pass'd,
Ordered to be Engross'd.
On Motion Ordered the Bill to amend & improve the Navigation
from Howards Bay in New River &c be Read ; Read the same the
Second Time & Pass'd
Then the House adjourn'd till tomorrow Morning 9 O'clock
Tuesday 13 th May 1760. The House met according to adjourn-
ment
Present as before
Rec'd from the Assembly the following Message
Gent 11 of His Majesty's HoN bIe Council.
On Considering your Message of yesterday relative to the Bill for
establishing Superior Courts The Assembly wou'd observe that this
House upon the third Reading of the said Bill, Ordered the Pream-
ble immediately preceeding the word (therefore) in the 16 th Line in
3 d Page, to be dele'd ; and the word (and) to be inserted, And if it
COLONIAL RECORDS. 357
stands otherwise it is a mistake of our Clerk, and agree either to
strike out the word (and) and insert the word (therefore) or dele the
aforesaid Preamble which ever you think will make that part of the
Bill most Consistent.
The House readily agree to Insert the Words (The Judgement or
Decree of any Inferior Court) in the second line of the 22 d page.
As to the Clause requiring Witnesses to attend from Court to Court
in consequence of one Subpoena until the Suit in which they shall
be summoned be determined ; We cant help observing that the
Method you propose will greatly accumulate the Costs and impover-
ish the Suitors, therefore wou'd hope you will Pass the Bill without
such alterations
SAM SWANN Sp r .
On Motion, Order'd the above Message be taken into Considera-
tion, the same was taken in Consideration & the several Amend-
ments as agreed to by the Assembly being made in the Bill, the said
Bill was put a third time & Pass'd Order'd to be Engross'd
Rec'd from the Assembly the following Message
Gent" of His Majesty's Hon" 6 Council.
In answer to your Message of Yesterday wherein you propose to
alter the Jurisdiction of the Inferior Courts &c to Thirty Eight
pounds, The Assembly would observe that the matters determinable
in those Courts for the most part are of an obvious & easy nature
many of them being Debts secur'd by * * specialties or Promissary
Notes ; That the proceedings in the said Courts are more expeditious
& less expensive than the proceedings in the Superior Courts ; And
as the Party is allowed an Appeal in every Instance wherein he
thinks himself aggreived so that any Error which may happen in
the Proceedings in the Inferior Courts may be corrected, We cant
help thinking but it will be of essential Service, to the trading
Interest of the Country to allow the said Courts the Jurisdiction pro-
posed by this House And hope that upon your Considering these
Reasons you will concur in Opinion with the Assembly and Pass the
Bill without any alteration in that particular ; especially when we
inform you That if the Bill passes into a Law, The Assembly pro-
pose to Address his Majesty, and shew the Utility of the same and
that it is well adapted to the particular Circumstance and true Interest
of this Province — And we well hope to obtain his approbation
thereof; as his Majesty hath already given his Assent to an Act of
358 COLONIAL RECORDS.
an adjacent Province whereby the Inferior Courts thereof are allowed
a much larger Jurisdiction; and experience sufficiently evinces that
it conduces greatly to the Interest Ease and happiness of the Peo-
ple. — As to the Clause requiring Witnesses to attend from Court to
Court in consequence of one Subpoene until the suit in which they
shall be Summoned be determined, We cant help observing That
what you propose will greatly accumulate the Costs on proceedings
in the said Courts and impoverish the Suitors, therefore would hope
you'l Pass the Bill without such alteration
SAM SWANN Sp r
On Motion Order'd the abovesaid Message be taken into Consid-
eration The same was taken into consideration And the Bill to Es-
tablish Inferior Courts of Pleas &c was a third time put & Pass'd
and Order'd to be Engross'd
On Motion Order'd the Bill for making Provision for an Orthodox
Clergy be Read ; Read the same the Third time & Passed Order'd
to be Engrossed.
On Motion, Order'd the Bill for establishing Vestries &c be Read ;
Read the same the third time & Passed Ordered to be Engrossed.
On Motion Ordered the Bill for the better Care & Security of Or-
phans and Management of their Estates be Read ; Read the same
the third time and Pass'd Ordered to be Engrossed.
Rec'd from the Assembly by Mr. Houston & Mr. Jo 8 Jones A Bill
for repealing several Acts therein mentioned
And a Bill to amend and improve The Navigation from Howards
Bay in New River &c
On Motion Ordered the said Bills be Read ; Read the same the
Third time & Passed. Ordered to be Engrossed.
Then the House Adjourned till 3 oclock in the Afternoon
The House met according to Adjournment
Present as before
Rec'd from the Assembly by Mr. Taylor & Mr. Bonner A Bill
directing the Method of appointing Jurymen &c
On Motion Order'd the said Bill be Read ; Read the same the
Second time and Pass'd
Rec'd from the Assembly by Mr. Barrow and Mr. M°Cullock A
Bill for granting an Aid to his Majesty for apijointing an Agent for
this Province & other Purposes.
Then the House adjourn'd till 10 O'Clock tomorrow morning.
COLONIAL RECORDS. 359
Wednesday 14 th May 1760. The House met according to Ad-
journment
Present as before
Received from the Assembly by Mr. Simpson & Mr. Caswell A
Bill to appoint Commissioners to lay out Fifty Acres of Land on
Ocacock Island for the use of the Public ;
On Motion Order'd the said Bill be Read ; Read the same the first
time and Passed.
On Motion, Order'd the Bill for granting an Aid to his Majesty &c
be Read ; Read the same the first time Amended & Passed.
Then the House adjourned till 3 O'Clock in the Afternoon
The House met according to Adjournment
Present as before
Received from the Assembly by Mr. Williams & Mr. Hill A Bill
for enlarging the time for the Inspection of Tobacco at the Public
Warehouse in the Town of Halifax &c A Bill directing the Method
of appointing Jurymen &c.
On Motion; Ordered the said Bills be Read ; Read the same the
third Time & Passed ; Order'd to be Engross'd
Rec'd from the Assembly by the afs d Gent 11 A Bill to ascertain the
Taxes payable within the Province & to continue the Tax for sink-
ing the present Bills of Currency
On Motion, Ordered the said Bill be Read ; Read the same the
first Time & Passed.
Then the House adjourned till 9 O'Clock to-morrow Morning
Thursday 15 th May 1760. The House met according to Adjourn-
ment
Present as before
Rec'd from the Assembly a Bill to ascertain the Taxes payable
within this Province &c
Then the House adjourn'd till tomorrow morning 10 O'clock
Friday 16 th May 1760. The House met according to adjourn-
ment
Present as before
Then the House adjourned till tomorrow Morning 10 O'clock
Saturday 17 th May 1760. The House met according to Adjourn-
ment
360 COLONIAL RECORDS.
Present as before
On Motion, Ordered the Bill to Ascertain the Taxes payable within
this Province &c be Read ; Read the same the Second time Amended
& Passed.
Then the House adjourned till 4 O'clock in the Afternoon
The House met according to Adjournment.
Present as before
Then the House adjourn'd till 9 O'Clock Monday morning.
Monday 19 th May 1760. The House met according to Adjourn-
ment
Present as before
Then the House adjourned till tomorrow morning 9 O'clock
Tuesday 20 th May 1760. The House met according to Adjourn-
ment
Present as before.
Rec'd from the Assembly, A Bill for further continueing &
Amending an Act Intituled an Act for the encouragement of James
Davis to set up & carry on his Business of a Printer in this Province
& for other purposes
On Motion : Ordered the said Bill be Read ; Read the same the first
time & Pass'd.
Rec'd from the Assembly by Mr. Leech & Mr. Barrow A Bill for
further continuing & amending an Act Intituled an Act for the
Encouragement of James Davis
On Motion, Ordered the said Bill be Read ; Read the same the
Second time Amended and Passed
Then the House Adjourned till tomorrow Morning 9 O'clock.
Wednesday 21 8t May 1760. The House met according to Adjourn-
ment
Present as before
Then the House adjourned till tomorrow morning 9 O'clock
Thursday 22 d May 1760. The House met according to Adjourn-
ment
Present as before
Rec'd from the Assembly by Mr. Jos: Jones and Mr. Sanderson A
COLONIAL RECORDS. 361
Bill for further Continueing & amending an Act Intituled an Act
for the Encouragement of James Davis &c
Then the House adjourn'd till 9 O'clock tomorrow morning
Friday 23 d May 1760. The House met according to Adjourn-
ment
Present
"James Hasell John Rieussett
The Hon ble
John Swann Rich d Spaight [~F«, r rs
, John Dawson and I ' *
1^ Lewis DeRossett Chas Berry J
Rec'd from the Assembly the Reports of the Committee of Claims;
Which on Motion were Read & Concurr'd with
Then the House adjourn'd till 3 O'clock in the Afternoon
The House met according to Adjournment
Present as before
Rec'd from the Assembly the Reports of the Committee of Acc t3
which were read approv'd of & Concurr'd with
On Motion : Ordered the Bill for further continueing and amend-
ing an Act Intituled an Act for the encouragement of James Davis
&c be Read, Read the same the third time and Ordered it lie on
the Table till Monday Morning.
His ExcelP the Governor came to this House and having com-
manded the attendance of the Assembly; The Speaker attended by
the Assembly waited on his Excellency in the Council Chamber &
presented him the following Acts for his Assent.
1 An Act for makeing Provision for an Orthodox Clergy
2 An act for Establishing Vestries
3 An Act for the better care & Security of Orphans &c.
4 An Act for Establishing Superiour Courts of Pleas and Grand
Sessions
5 An Act for Establishing Inferior Courts of Pleas and Quarter
Sessions
6 An Act directing the Method of appointing Jurymen
7 An Act to amend & improve the Navigation from Howards
Bay in New River in Onslow County to Bear Inlet.
8 An Act for enlarging the time for the Inspection of Tobacco
at the Public Warehouse in the Town of Halifax &c
9 An Act for repealing the several Acts therein mentioned
10 An Act to confirm an Agreement made by the present church
362 COLONIAL RECORDS.
wardens and Vestry of Edgecombe Parish in the County of Halifax
with the Rev d Mr. Thomas Burges.
To which Acts His Excellency was pleased to Assent except the
Act for Establishing Superior Courts of Pleas and Grand Sessions
and the Act for Repealing several Acts therein mentioned
Then His Excellency the Governor was pleas'd to Prorogue this
Assembly (by Proclamation) to Monday the 26 th of this Instant
True Copy
Jno Smith Clk of the Upper House of Assembly.
[From MSS. Records in Office of the Secretary of State.]
North Carolina — ss.
At an Assembly, begun and held at New Bern, the Twenty Fourth
day of April in the Thirty third year of the reign of our Sovereign
Lord George the Second, by the Grace of God of Great Britain,
France and Ireland, King &c, and in the year of our Lord One
Thousand seven hundred and sixty; being the first Session of this
present Assembly —
Received from the Clerk of the Crown, Certificates of the Return
of the following Writs for Electing Members for the several Coun-
ties and Towns in this Province, to sit and vote in this present As-
sembly — Viz'
Onslow County — Samuel Swann, John Starkey.
Craven County — James Davis, Thomas Graves.
Carteret County — Joseph Bell, Moses Houston.
Dobbs County — Richard Caswell, Abraham Shepard.
Johnston County — John Hinton, Needham Bryan.
Beaufort County — John Barrow, John Simpson.
H} r de County — Thomas Barrow, W m Webster.
New Hanover County — George Moore, John Ashe.
Bladen County — W m Bartram, Robert Howe.
Anson County — Anthony Hutchins, Charles Robinson.
Halifax County — Blake Baker, Alexander McCulloch.
Chowan County — Thomas Child, Thomas Barker, Francis Corbin,
Samuel Johnston, Edward Vail.
Duplin County — Andrew Thompson, William McGehee.
Bertie County — William Williams, John Hill.
Perquimans County — Benjamin Harvey, Richard Saunderson,
John Harvey, Francis Brown, Thomas Bonner.
COLONIAL RECORDS. 363
Newbern — Joseph Leech.
Edenton — Joseph Hewes.
Wilmington — Cornelius Harnett.
Brunswick — Maurice Moore.
Bath Town — Mich 1 Coutanch.
Mr. Johnston and Mr. Harnett waited on his Excellency the Gov-
ernor and acquainted him that a Majority of the Members of this
Assembly were met ; who being returned brought for answer ; That
His Excellency said he would send some of the Members of his
Majesty s Council to qualify them.
Richard Spaight and Maurice Moore, Esqrs Members of His Ma-
jesty's Honourable Council came to the House and were present
when the foregoing Members, except Mr. Maurice Moore, Mr. Thomas
Bonner, and Mr. Richard Saunderson appeared and took the Oaths
by Law appointed for their Qualification and subscribed the Test
His Excellency sent a Message, requiring the Attendance of the
Members in the Council Chamber.
The Members qualified waited on his Excellency the Governor in
the Council Chamber, when His Excellency directed them to return
and make Choice of a Speaker.
Mr. Howe and Mr. Harvey waited on his Excellency the Gover-
nor, and acquainted him that the Members had made Choice of a
Speaker and desired to know when they should wait on his Excel-
lency and present him ; who on their Return, reported that his Ex-
cellency desired the immediate attendance of the Members in the
Council Chamber.
The Members waited on his Excellency the Governor in the
Council Chamber, and presented to his Excellency Samuel Swann
Esq' for their Speaker.
His Excellency was pleased to approve of their Choice ; whereupon
Mr. Speaker requested his Excellency that [he] would protect the
Assembly in their ancient Rights and privileges, exercising a Power
over their own Members ; and that they may enjoy Freedom of De-
bate, as of Right they have used and been accustomed :
To which his Excellency answered, that he should always protect
the Assembly in the Exercise of their just Rights and Privileges;
and then made a Speech to his Majesty's Council and this House a
Copy of which, to prevent mistakes, Mr. Speaker obtained; which
he laid before the House.
Ordered, That the same be Read. Read the same, as follows viz'
364 COLONIAL RECORDS.
[For the Governor's address see Journal of the Upper House. —
Editor.]
On Motion, Ordered That the Clerk of the Crown lay before the
house the Writs for the Election of Representatives for the several
Counties and Towns within this Province, with the several returns
on the same, To-morrow ; and that he be served with a Copy of this
Order.
On Motion Ordered Mr. Robert Howe, Mr. John Ashe, and Mr.
George Moore do prepare an Address in Answer to his Excellency
the Governor's Speech, and lay the same before the House for Ap-
probation.
On Motion, Resolved, That a Committee of Privileges and Elec-
tions be appointed ; and Mr. Child, Mr. Barker, Mr. Starkey, Mr.
Harvey, Mr. Howe, Mr. Ashe, Mr. Corbin, Mr. Johnston, and Mr.
Hill are accordingly appointed ; and that they have Power to send
for Persons, Papers, and Records for their Information
Resolved, That a Committee of Propositions and Grievances be
appointed, and Mr. Baker, Mr. Harvey, Mr. M c Cullock, Mr. Starkey,
Mr. Bell, Mr. Coutanch, Mr. Davis, Mr. Caswell, Mr. Bartram, Mr.
Hill, Mr. Bryan, Mr. Hutchins, Mr. Harnett, Mr. M c Gee, Mr. Moore,
Mr. Barrow, Mr. Leech, Mr. Hewes are accordingly appointed
Then the House adjourned till to morrow morning 10 "Clock
The House met according to Adjournment
Mr. Waddell and Mr. Frohock the Representatives for the County
of Rowan ; Mr. M°Neal, and Mr. Gibson, the Representatives for Cum-
berland County ; Mr. Washington, and Mr. Jones Ju r . the Represent-
atives for Northampton County, appeared took the Oaths appointed
by Law for their Qualification, subscribed the Test, and took their
seats in the House
Received from the Clerk of the Crown a Certificate of the Return
of Writs for electing Representatives for the County of Granville,
in these Words : That the said Sheriff of the County of Granville,
was [in] a riotous and violent manner, obstructed in taking the
Poll for representatives for the said County, by means whereof, he
could not attend the Execution of his Office therein ; so no person
or persons were elected to represent the said County as by the Writ
and Return herewith sent Appears.
The Sheriff of the County of' Halifax returned to the House a
Certificate of the Election of Mr. Stephen Dewey, Representative for
COLONIAL RECORDS. 365
the Town of Halifax in the said County to sit and vote in this pres-
ent Assembly.
On Motion, Resolved, That the said Mr. Dewey, a Representative
for the said Town of Halifax, is duly elected according to Law, to
sit and vote in the present Assembly.
Pursuant to the Returns aforesaid the following Members ap-
peared, to wit, Mr. Dewey, Mr. Lowry, Mr. Swann, ju r , Mr. Bonner
and Mr. Saunderson, took the Oaths by Law appointed for their
Qualification, subscribed the Test, and took their seats in the House
On Motion, Ordered, That Mr. Dewey, Mr. Jones and Mr. Swann
Jun, be added to the Committee of Privileges and Elections.
On motion, Ordered, That Mr. Barrow, Mr. Waddell, Mr. Jones,
Mr. Gibson and Mr. Dewey, be added to the Committee of Proposi-
tions and Grievances.
His Excellency the Governor laid before the House a Letter, dated
January the 7 th 1760, from Mr. Secretary Pitt; and also, a Duplicate
of a Letter from General Amherst, dated the 21 st of February, 1760
which were read, And
On motion, Ordered, That the said Letters lie for Perusal and
Consideration of the Members.
Then the House adjourned till 4 "Clock Afternoon.
P. M. The House met according to Adjournment
The Petition of William Little was presented and Read setting
forth that a Number of Voices at the Election for Representatives
for the County of Anson to sit and Vote in this Present Assembly
were refused or Neglected to be received in favour of your Petitioner
which would have given a Great Majority of Voices in his favour —
Praying the House would take the same into Consideration
Whereupon on motion Resolved the said Petition be referred to
the Committee of Privileges and Elections and that the said Com-
mittee Examine into the Allegations thereof and Report their Opin-
ion'thereon to the House.
Mr. Harnett acquainted the House that Maurice Moore Esq r who
was Returned a Representative for the Town of Brunswick is Quali-
fied a Member of His Majesty's Honble Council and therefore dis-
qualified himself to serve as a Member of this House for the said
Town, Therefore moved that his Excellency be addressed to direct
the Clerk of the Crown to Issue a Writ to Elect a Member for the
said Town to sit and vote in this present Assembly
Ordered his Excellency be Addressed Accordingly
366 [COLONIAL RECORDS.
Read the Petition of William Gray of Bertie County setting forth
that he was duly Elected one of the Representatives for the said
County to sit and vote in this present Assembly and that the Sheriff
of the said County has refused to return him as such. Prajung the
House to make such Order thereon as to them shall seem meet
Whereupon on Motion Resolved the said Petition be referred to the
Committee of Privileges and Elections and that the said Commit-
tee Examine into the Allegations of the said Petition and report
their Opinion thereon to the House
Then the House adjourned till tomorrow morning 9 "Clock
Saturday the 26 th of April 1760. The House met according to
Adjournment
On Motion Resolved the Reverend James Reed be appointed
Chaplain to this Plouse and that he meet the House daily at 9 "Clock
in the Morning in order to perform Divine Service
Mr. Simpson laid before the House a Certificate from the County
Court of Beaufort thereby Certifying that Robert Dunbar son of
William Dunbar g£ the said County is deaf and Dumb, and recom-
mending him to be Exempt from paying Public Taxes
Ordei'ed he be Exempt Accordingly
Then the House adjourned till 9 "Clock Monday Morning
Monday the 28 th of April 1760. The House met according to ad-
journment
Mr. Barker from the Committee of Privileges and Elections, Re-
ported that the Committee had met and took under their Considera-
tion Several Writs of Election to them referred and came to several
resolutions which he read in his place and delivered in at the Table
where the same was again read by the Clerk as follows — (viz) — Re-
solved, that it appears to this Committee that a Writ for Electing
representatives for the County of Granville dated the seventh day of
March 1760 hath beeii Issued and delivered to the Sheriff of the
said County who in obedience to the Command thereof summoned
the Inhabitants of the said County to meet at the day and place in
the said Writ specified and to Elect two Representatives as by the
said Writ he was directed and that he Endeavoured to Execute the
same but was obstructed by Sundry Persons in such a manner that
he could not compleat a free and open Election.
2 d . Resolved that the Proceedings of the said Sheriff on the said
Writ are Void
COLONIAL RECORDS. 367
3 rd . Resolved That it appears to this Committee that the said
Sheriff at the time and place Appointed for the said Election Ap-
pointed and swore one Reuben Searcy of the said County of Gran-
ville one of his Clerks for taking a Poll of the Voters Suffrages
4 th . Resolved— That it Appears to this Committee that the said
Reuben Searcy shewed great Partiality therein and Acted in several
Instances in a manner subversive of the rights and Freedom of
Elections— THO 8 BARKER Ch n
To which Resolves the House Agreed.
On Motion Resolved That His Excellency be Addressed to direct
the Clerk of the Crown to Issue a writ for Electing Two members
for Granville County to sit and vote in this present Assembly as the
Sheriff of the said County was obstructed in the Execution of the
Writ last Issued for Electing Members for the said County whereby
the same became Void
On Motion Resolved that Reuben Searcy who was appointed by
the Sheriff of Granville County one of his Clerks for taking the Poll
of the voters Suffrages at the said Election having shewn great Par-
tiality in the Execution of that trust be sent for by the Serjeant at
Arms attending the House in Custody to answer such Behaviour and
that Mr. Speaker issue his Warrant accordingly.
Mr. Dewey moved that a Committee be appointed to prepare and
bring in a Bill for Establishing Superior Courts of Pleas and Grand
Sessions — And on Motion Ordered that Mr. Dewey Mr. Child and
Mr. Barker be a Committee to prepare and bring in the said Bill
Mr. Starkey moved that a Committee be appointed to prepare and
bring in a Bill for Establishing Inferior Courts of Pleas and Quarter
Sessions in several Counties in this Province.
On motion Ordered that Mr. Starkey, Mr. Barker, Mr. Jn° Har-
vey, Mr. Sam 1 Swann J r , Mr. William Williams and Mr. James
Cary are accordingly appointed
John Swann, and Lewis De Rossett Esq 18 Members of His Majes-
ty's Hon ble Council Attended And Mr. Duncan Lemon, Mr. W m
Haywood, Mr. James Washington, Mr. Jacob Farrow, Mr. W m Ferebe
Mr. James Cary jr Appeared took the Oaths Appointed by Law for
their qualification subscribed the Test and took their Seats in the
House.
Ordered the following Message be sent to the Governor — Viz'
To His Excellency Arthur Dobbs Esq' Capt Ge 1 , Gov &c.
Sir — The Sheriff of Granville County having returned the Writ
368 COLONIAL RECORDS.
to him Directed for Electing Two members for the said County to
sit and vote in this present Assembly that he was obstructed in the
Execution of that Writ by means whereof no members were Elected
for the said County as by the said Writ he was Commanded — This
House therefore desire your Excellency will please to direct the
Clerk of the Crown to Issue another Writ to Elect Two Members for
the said County to sit and vote in this Present Assembly.
SAM 1 SWANN Speaker
By Order W m Herritage Clk.
28 th April 1760.
Mr. Jones moved a Committee be appointed to prepare and bring
in a Bill for making provision for an Orthodox Clergy and Estab-
lishing Vestries and ascertaining their duty and Power,
And on Motion Ordered that Mr. Jones, Mr. Starkey, Mr. Caswell
and Mr. Corbin prepare and bring in the same.
Mr. Dewey laid before the House the Petition of Daniel Elebank
and James Martin Inspectors of Tobacco at the Town of Halifax in
the County of Halifax and several others — setting forth that a large
Quantity of Tobacco has been brought to the Inspection there and
that more would have been brought but have not ware house room
to House the same &c.
Praying an Augmentation of their present Wages and that a Law
may be made for an additional Salary to that Office and that the
time for reception of Tobacco there may be enlarged.
And moved that a Committee be appointed to prepare and bring
in a Bill pursuant to the Prayer of the said Petition, and Mr. Dewey
and Mr. M c Culloch and Mr. Barker are accordingly appointed to
prepare and bring in the same
Mr. Starkey moved for leave to bring in a Bill for regulating Or-
phans and securing their Estates.
Ordered he have leave and that he prepare and bring in the same
On motion Ordered a Committee be appointed to state and settle
the Public Accounts of this province And Mr. Jones, Mr. Harnett,
Mr. Corbin, Mr. Joseph Hewes, Mr. John Harvey, Mr. Coutanche,
Mr. M°Culloch, Mr. Leech, Mr. Benj n Harvey and Mr. Moore are ac-
cordingly appointed.
On motion Ordered That'a Committee [be appointed] to settle and
allow the Public Claims of this Province, And Mr. Starkey, Mr.
Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. W m Williams, Mr.
COLONIAL RECORDS. 369
John Barrow, Mr. Frolock and Mr. James Cary are accordingly ap-
pointed
Resolved the following Message be sent to the Council
Gentlemen of His Majesty's HoN ble Council.
This House have appointed Mr. Jones, Mr. Harnett, Mr. Corbin,
Mr. Hewes, Mr. John Harvey, Mr. Coutanche, Mr. M c Culloch, Mr.
Leech, Mr. Benj. Harvey and Mr. George Moore a Committee of
this House to state and settle the Public Accounts of this Province,
And Mr. Starkey, Mr. Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr.
W m Williams, Mr. Jno Barrow and Mr. Cary a Committee of this
House to settle and allow Public Claims in Conjunction with such
of your Hon" as you shall think Proper to appoint for the aforesaid
Purposes.
28 th April 1760 SAM 1 SWANN Speaker
The Petitions of several of the Inhabitants of Anson County was
Presented and Read — Setting forth that they are in great danger of
being robbed and murthered by the Cherokee Indians &c. Praying
Relief &c.
Ordered the said Petition lye for Consideration.
The Petitions of Thomas Casey and Robert Campbell were pre-
sented and Read
Ordered the said Two Petitions be referred to the Committee of
Claims.
Then the House Adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
Mr. Ashe from the Committee Apj:>ointed to prepare an Address
in Answer to His Excellency the Governors Speech Reported the
Committee had prepared the same and which he laid before the
House for Approbation.
Ordered the same be Read — Read the same — and on Motion Re-
solved the same stand the Address of the House and be Entered on
the Journal thereof as follows — Viz'
North Carolina.
To His Excellency Arthur Dobbs Esq r Capt. General, Gov r and
Commander in Chief in and over the said Province.
Sir — We His Majesties most dutifull and Loyal Subjects the Mem-
Vol. VI— 24
370 COLONIAL RECORDS.
bers of the Assembly of North Carolina return your Excellency our
thanks for your Speech at the Opening of this Session.
We Congratulate your Excellency on the success of His Majestys
Arms by Sea and Land wherein providence has evidently displayed
itself by defeating the destructive Machinations and Wicked De-
signs of the Powers Combined to destroy the Protestant interest and
the Peace of Europe.
AVe shall take into Consideration what your Excellency has
recommended with respect to the Supplies and should be glad your
Excellency as requested by your last Assembly would be pleased to
lay before us an Account of the Application of the Public 'Moneys
which have been Intrusted to your direction of which we expect
there will be a Considerable Surplus and we hope it will be in our
power for [to] furnish the Supplies at Present required without im-
posing an Additional Tax on the Province, Already greatly impov-
erished by repeated and high Taxations.
We thank your Excellency for the Justice you have done us in
your Acknowledgment of the warmth we have hitherto shown in
defence of his Majestys just Rights and our Religion and Liberties,
And beg leave to Assure your Excellency that if the reduced state
of the County should not permit us to be so liberal as other Prov-
inces the most Loyal is not animated with greater Zeal for the suc-
cess of his Majesty's Measures and the Preservation of his sacred
Person and Illustrious family.
We shall give great attention to what your Excellenc} r has said in
regard to the Bills for Establishing Courts of Justice and Vestries as
being of the highest Importance to the Interior Peace and well be-
ing of this Province which on the one hand is in clanger of falling
into Anarchy and Confusion from the unrestrained Licentiousness
of Mobbs and Insurrections and on the other into Prophanenes and
Irreligion from the defeat of a Proper Provision for the Clergy —
And your Excellency may be assured that we shall take proper
Care to appoint an Agent and give due attention to every thing else
you have mentioned. We beg leave Sir to make some observations
on the two speeches of your Excellency made to your former As-
sembly the one at the Prorogation in May last, the other at the dis-
solution in January following — Copies of which you declined giving
to the Speaker that the House had not the usual opportunity of Ex-
plaining such part of their Conduct as seemed to have been the sub-
ject of your Excellencys Animadversion. In that at the Proroga-
tion you was pleased to express great displeasure that an Aid had
COLONIAL RECORDS. 371
not been Granted and to place the Blame of the miscarriage of the
Bill brought in for that Purpose on the Assembly Altho' it was re-
jected not in their House but by the Council — Indeed it was Inti-
mated by your Excellency that the Bill was unconstitutional by the
Inserting Clauses foreign to the Aid but as you did not Condescend
to mention any Exceptionable Clause in Particular it is difficult to
give a particular answer to so general a Charge however your Ex-
cellency will be pleased to Remember that the Bill was formed for
no other Purpose than Granting an Aid to his Majesty and appoint-
ing an Agent for the Province both which were recommended by
Mr. Secretary Pitts Letter and tho it gives us the greatest Concern
to differ in sentiment with your Excellency on any Occasion we
cannot help thinking the Bill was well adapted to Answer the Pur-
poses Proposed by Mr. Secretary Pitt, and beg leave to observe that
this was the first Instance in which your Excellency or any of your
Predecessors have taken Exception to the manner in which the As-
sembly have formed a Bill for supplies
At the Sessions in January last tho the Assembly had granted the
Supplies then required yet having prepared Two Bills successively
for Establishing Courts of Justice both which were rejected by the
Council a Dissolution insued at which your Excellency in your
Speech was pleased to take Exception to the Manner in which the
Treasurers gave in their Accounts in that they were not passed be-
fore your Excellency Whereas the Treasurers are by Law to Account
with the Assembly — And the Constant Practice has been to Account
before a Committee Appointed to report the State of the Accounts
to the House who reexamine them on the report of such Committee,
in this manner they have hitherto accounted agreeable to Law and
the uninterrupted usage with respect to the Sheriff Indeed we have
Observed deficiencies in several of their Collections, but in the
Present Confused Scituation of Affairs from the Turbulent Disposi-
tion of factions Caballs and dangerous Insurrections we cannot with
reason suppose that they more than Magestrates and other Officers
are Capable of fully complying with the duties of their respective
Functions tho' we hope and doubt not that those inconveniencies
will be removed on the Establishing Courts of Justice on a Respect-
able Foundation
Permit us sir to assure you that these matters are only mentioned
in consequence of the duty we owe to our Constituents with whose
Liberties we are intrusted — And not to raise disputes with your Ex-
cellency. On the Contrary it will give us the highest Pleasure so
372 COLONIAL RECORDS.
far as is Consistant with the rights and Liberties of a free and loyal
People who never refused a single Aid you have required gladly to
cooperate with you in everything that may contribute to his Majesty's
Service and the Interest of the Province, And we shall avoid all
occasion of unnecessary altercation whereby the harmony which
ought to subsist between the several Branches of the Legislature
might be Interrupted
SAM 1 SWANN Speaker.
Then the House adjourned till tomorrow morning 9 "Clock.
Tuesday the 29 th of April 1760 The House met according to Ad-
journment
Mr. Barker Presented the Petition of the Vestry of Edgcomb
Parish in the County of Halifax Setting forth that the said Vestry
had Employed the Rev d Thos Burgess as Minister of the said Parish
at one hundred and Twenty Pounds p annum agreeable to an Act
of Assembly at the time of the said Agreement in force and the said
Act being repealed they apprehend no certain Provision for the, en-
forcing the said Agreement — Praying an Act may Pass to Confirm
and Establish the said Thomas Burgess minister of the said Parish
during his Natural Life
On Motion Ordered Mr. Barker prepare and bring in a Bill pur-
suant to the Prayer of the said Petition
On Motion Ordered That Henry Deton who was appointed assist-
ant Clerk to the Clerk of the Assembly, and Clerk to the Committee
of Public Accounts of this Province be sent for in Custody of the
Serjeant at arms, attending this House and that he bring with him
all books and Papers regarding the Public Accounts. And also all
other Books and Papers belonging to the public which he at any
time hath received in his Custody as Assistant Clerk of the said
Committee or otherwise and that Mr. Speaker Issue his Warrant
accordingly.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
Col° Harvey and Mr. Harnett waited on his Excellency the Gov-
ernor and acquainted him the House had Prepared an Address and
desire to know when he will be pleased they should wait on him and
present the same, And being returned Reported that his Excellency
COLONIAL RECORDS. 373
desired the Immediate attendance of the House in the Council Cham-
ber
Mr. Jones Presented the Petition of Several of the Inhabitants of
this Province relative to the Establishing Courts of Justice &c.
And on Motion Ordered the said Petition be referred to the Com-
mittee Appointed to bring in a Bill for Establishing Superior Courts
of Pleas and Grand Sessions.
Mr. Speaker with the House waited on his Excellency the Governor
in the Council Chamber where Mr. Speaker presented His Excellency
with the Address of this House. To which his Excellency returned
for Answer a Copy of which to prevent mistakes Mr. Speaker ob-
tained.
And on Motion Ordered the same be read Read the same and is
in these words (to wit)
Mr. Speaker & Gentlemen of the Assembly.
I return you thanks for the warm Congratulations you express for
the surprising success of His Majestys Arms and for your promise
of co-operating with me in every thing for his Majesty's Service and
the Interest of the Province, and to preserve the Harmony so neces-
sary at this Juncture between the several branches of the Legisla-
ture.
I have already Pursuant to your former Address laid before you
the Accounts lately sent to me from New York and the Officers who
served on the Ohio are ready to Account when required by the Gen-
eral Assembly for the sums they received upon that Account, as no
money went thro' my hands I having only issued Orders to the
Treasurers which the Persons who received the Money to account
for.
The Occasion of loosing the Aid Bill you mention was from the
tacking a Clause of a Different Nature to the Aid Bill which is Cer-
tainly unconstitutional.
As to the Notice you have taken of the Observations I made at
the dissolutions of the Assembly, I am only to Inform you that I
acted in pursuance of my Instructions which requires me to see the
Accounts are properly audited which then I am to lay before the
General Assembly and afterwards transmit them to England; If
his Majesty withdraws that Instruction I shall gladly acquiese in it
I thought it then my duty to inform you that the Accounts Produced
were not regular as no list of Taxables were laid before you b}' the
Northern District nor any arrear returned so as to Inform the Gen-
374 COLONIAL RECORDS.
eral Assembly what should be the Amount of the Tax or whether
the deficiency was occasioned by the Sheriffs or from the Neglect of
the Treasurers, for if the Amount of the Taxes is not certainly
known and properly Collected the burthen must be Increased upon
your Cunstituents.
I shall always Endeavour to the utmost of my Power to Promote
the harmony between the several branches of the Legislature and
readily concur in every Measure that may conduce to the Happi-
ness and Prosperity of this Province
Received from his Excellency the Governor a verbal Message by
Mr. Powell Acquainting the House that his Excellency had received
a Letter from William Bull Esq r Lieutenant Gov r of South Carolina
which he sent to the House for their Perusal The same was read
and on motion Ordered the said Letter lye for Consideration.
Then the House adjourned till 9 "Clock to morrow morning
Wednesday the 30 th of April 17G0 The House met according to
Adjournment.
Mr. Tyree Harris one of the Members for OrangeCounty appeared
took the Oaths by Law appointed for his Qualification subscribed the
Test and took his seat in the House.
Mr. Waddell presented two petitions from several of the Inhabi-
tants of Orange County Setting forth that the Indians have commit-
ted several depredations and Murders on the Frontier Inhabitants of
this Province — Praying a Fort may be Erected That Arms and
Ammunition may be sent them and such other Relief as shall be
thought proper.
On Motion Ordered the said two Petitions lye for Perusal and
Consideration of the Members
Mr. Barker from the Committee of Privileges and Elections Re-
ported that the Committee had come to several Resolutions which
he was ready to lay before the House if they would be pleased to
receive the same.
Resolved the same be received and Read ; Read the same as follows
Viz'
The Committee of Privileges and Elections have had under their
Consideration a Writ directed to the Sheriff of Perquimons County
for electing representatives for the same and the return of the said
Writ and have come to the following resolutions thereupon.
Resolved, that it appears to this Committee that the Sheriff by
COLONIAL RECORDS. 375
Virtue of the said Writ hath returned Mr. John Harvey, Mr. Ben-
jamin Harvey, Mr. Richard Saunderson, Mr. Francis Brown and
Mr. Thomas Bonner representatives for the said County to sit and
vote in the Assembly.
Resolved, That the said Mr. John Harvey, Mr. Benj Harvey, Mr.
Richard Saunderson and Mr. Thomas Bonner are duly Elected and
Returned representatives for the said County.
Resolved, the said Francis Brown is rendered incapable to sit and
Act in Assembly as a representative for the said County and that
the return of the said Sheriff so far as relates to Mr. Francis Brown
is void.
THOS. BARKER Chairman
To which the House agreed.
Then the House took under Consideration the above Reports and
on hearing Mr. Francis Brown regarding his Capacity to sit and
vote in this present Assembly and fulty and maturely having Con-
sidered the same —
Resolved That the said Francis Brown is Incapable to sit and
vote in this Present Assembly and that his Excellency be addressed
to direct the Clerk of the Crown to Issue a Writ for Electing a Mem-
ber for the County of Perquimons to sit and vote in this Present
Assembly in the room and stead of the said Mr. Francis Brown
Mr. Jones moved that the Committee appointed to prepare and
bring in a Bill for making Provision for an Orthodox Clergy Estab-
lishing Vestries and Ascertaining their duty and Power, be dis-
charged accordingly
Resolved, the said Committee be discharged accordingly
Received from the Council the following Message Viz*
Me. Speaker and Gentlemen —
In answer to your Message relative to the Committees, we have
appointed the Hon Me Lewis DeRossett, Richard Spaight and Charles
Berry Esq r a Committee of this House to state and settle the Public
Accounts, And the Hon ble John Swann, John Dawson and Maurice
Moore Esq™ a Committee of this House to settle and alow Public
Claims.
30 th April 17G0.
Resolved The following Message be sent to his Excellency the
Governor Viz'
376 COLONIAL RECORDS.
Sir — It appearing to this House that the Election of Mr. Francis
Brown one of the Members Elected for the County of Perquimons
is Void Therefore desire your Excellency will be pleased to direct
the Clerk of the Crown to Issue a Writ for Electing a Member for
the said County of Perquimons to sit and Vote in this present As-
sembly in the room and stead of the said Francis Brown.
Then the House Adjourned till tomorrow morning 9 "Clock
Thursday 1 st May 1760. The House met according to Adjourn-
ment.
Mr. Thomas Taylor and Mr. Jervis Jones two of the Members for
Pasquotank County and Mr. Stephen Williams, Mr. W m Bray and
Mr. Caleb Everidge three of the Members for Currituck County
appeared took the Oaths appointed by Law for their qualification
subscribed the Test and took their Seats in the House.
Then the House Adjourned till tomorrow morning 9 "Clock
Fryday the 2 nd of May 1760. The House met according to ad-
journment
Mr. Dewey from the Committee appointed to prepare and bring
in a Bill for Establishing Superior Courts of Pleas and Grand Ses-
sions and regulating the Proceedings therein Reported that the
Committee had prepared the same which he was ready to Present —
If the House will receive it
On Motion Ordered the said Bill be received and read the same
the first time passed and Ordered to>be sent to the Council.
Sent the same to the Council by Mr. Hewes and Mr. Harnett
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
Mr. Starkey from the Committee appointed to prepare and bring
in a Bill to Establish Inferior Courts of Pleas and Quarter Sessions
in the Several Counties in this Province Reported that the Commit-
tee had prepared the same which he was ready to Present, If the
House will receive it
On Motion Ordered the said Bill be received and Read.
Read the same the first time passed and Ordered to be sent to the
Council
Sent the same to the Council by Mr. Cary and Mr. Swann Jr.
Mr. Caswell moved for leave to absent himself from the service of
COLONIAL RECORDS. 377
the House till Monday next — And Mr. Coutanch moved for leave to
absent himself from the service of the House till Tuesday next.
Ordered Mr. Caswell and Mr. Coutanch have leave to absent
themselves accordingly
On Motion Ordered Mr. Vail, Mr. Leech, Mr. Ashe, Col Waddle
and Col Bartram do prepare and bring in a Bill for the better
Regulation of the Militia and other Purposes.
Then the House Adjourned till 9 "Clock tomorrow morning
Saturday the 3 d of May 1760. The House met according to Ad-
journment
Received from the Council the Bill for Establishing Superior
Courts of Pleas and Grand Sessions &c Endorsed In the Upper
House read the first time amended and passed 2 d May 1760.
And Also the Bill to Establish Inferior Courts of Pleas and Quar-
ter Sessions in the Several Counties in this Province Endorsed In
the Upper House read the first time and passed 3 d May 1760
Mr. Starkey according to Order brought in a Bill for the Better
Care of Orphans and Security and Management of their Estates,
which he read in his place and delivered in at the Table where the
same was again read by the Clerk passed and Ordered to be sent to
the Council
Sent the same to the Council by Mr. Gibson and Maj r Harvey.
Mr. Jones moved for leave to bring in a Bill for Establishing
Vestries.
Ordered he have leave and that he prepare and bring in the same
Mr. Jones according to Order brought in a Bill for establishing Ves-
tries which he read in his place and delivered in at the Table where
the same was again read by the Clerk passed and Ordered to be sent
to the Council
Sent the same to the Council by Mr. Thompson and Mr. Magee
On Motion, Resolved that the Governors Speech made at the open-
ing of this Session Mr. Secretary Pitt's General Amhersts Letters
therein referred to and the Letter of Lieutenant Gov' Bull, the sev-
eral Petitions from the Frontier Inhabitants of this Province rela-
tive to the depredations Committed by the Cherokee Indians and
the Governors answer to the Address of the Assembly be taken
under Consideration and that the House Resolve itself into a Com-
mittee of the whole House for that'purpose on Monday next.
Resolved — The House resolve into a Committee of the whole
37S COLONIAL RECORDS.
House to Consider of the above mentioned Speech, Answer, Letters
and Petitions on Monday Next.
Received from the Council the bill for the better care of Orphans
and management and security of their Estates. Endorsed in the
Upper House read the first time and passed 3 rd May 1760.
On Motion, Ordered. Mr. Howe and Mr. Gary be added to the
Committee appointed to prepare and bring in a Bill for the better
regulation of the- Militia and other Purposes.
Mr. Jones moved for leave to bring in a Bill for making Provision
for an Orthodox Clergy.
Ordered he have leave and that he prepare and bring in the same.
Mr. Jones according to Order brought in the above mentioned
Bill which he read in his place and delivered in at the Table where
the same was again read by the Clerk and Passed and Ordered to
be sent to the Council.
Sent the same to the Council by Mr. Corbin and Mr. Johnston.
Then the House adjourned till Monday Morning 9 "Clock.
Monday the 5 th of May 1700. The House met according to ad-
journment.
Mr. Baker according to Order brought in a Bill to confirm an
Agreement made by the Present Church Wardens and Vestry of
Edgcomb Parish in the County of Halifax with the Rev d Mr. Thomas
Burgess which he read in his place and delivered in at the Table
where the same was again read by the Clerk passed and Ordered to
be sent to the Council.
Sent the same to the Council by Mr. Neal and Mr. Magee.
Mr. Bell Presented the Pet n of Nathan Yeomans late deputy Sher-
iff of Carteret County which is Ordered to be read — Read the same
as follows Viz*
To the Worshipful the Speaker and the rest of the Members
of the Assembly
The Humble Petition of Nathan Yeomans late deputy Sheriff of
Carteret County —
Sheweth — That [on] his way by water to settle with and pay the
Public Treasurer of the Southern District for the Taxes due from the
County of Carteret for the year 1758 the Vessel in which he was,
over sett with the sum of £175 — which he had received for the said
Taxes by means whereof the said sum of monev was lost &c,
COLONIAL RECORDS. 379
Praying a remission of the said sum or such other Relief as this
Assembly shall think meet and just &c.
On Motion Resolved the said Pet" be rejected
Received from the Council the Bill for Establishing Vestries. En-
dorsed 3 rd May 17(30. In the Upper House read the first time
amended and passed
Mr. Dewey, Pursuant to Order brought in a Bill for Enlarging the
time for the Inspecting Tobacco at the Public Warehouses in the
Town of Halifax for Encreasing the Salaries of the Inspectors of the
said Warehouse and for other Purposes therein mentioned, which he
read in his Place and delivered in at the table where the same was
again read by the Clerk. Passed and Ordered to be sent to the
Council
Sent the same to the Council by Mr. M c Neal and Mr. Magee
On Motion Ordered the Bill for Establishing Vestries be read a
Second time. Read the same a Second time amended passed and
Ordered to be sent to the Council
Received from the Council the Bill for making Provision for an
Orthodox Clergy,
And the Bill to Confirm an Agreement made by the Present
Church Wardens and Vestry of Edgcomb Parish in Halifax with the
Rev d Tho s Burgess
And also the Bill for Enlarging the time for the Inspection of To-
bacco at the Public Warehouse in the Town of Halifax &c
Endorsed 5 th May 1760. In the Upper House read the first time
and passed
Sent the Bill for Establishing Vestries to the Council by Mr. Ashe
and Mr. Howe
The Order of the day being read The House Resolved into a Com-
mittee of the whole House to Consider the Governors Speech made
at the Opening of this Session &c and unanimously chose Mr. Starkey
Chairman who took the Chair Accordingly
After the said Letters Speech &c were read and Considered by the
Committee the said Committee came to several Resolutions which
Mr. Chairman was directed to report to the House and then
On Motion Resolved the Committee rise and Mr. Speaker resume
the Chair.
Mr. Speaker resumed the Chair.
Mr. Chairman Reported That the Committee of the whole House
have had under their Consideration His Excellency's Speech made
380 COLONIAL RECORDS.
to the Assembly at the opening of this Session, Mr. Secretary Pitts
Letter of the seventh of January and General Amhersts of the 21 st
of February last therein reffered to. His Excellencys answer to the
Address of the Assembly, Lieutenant Governor Bulls Letter and the
Petitions of the Inhabitants on the Frontiers of this Province to
them reffered and have come to several resolutions thereupon, Viz*
1. Resolved that as great a number of Men as the unhappy cir-
cumstances of this Country will allow be raised witli the utmost
dispatch to joyn his Majesty's other Forces in offensive opperations
against the Common Enemy or be Employed in Preventing the fur-
ther depredations and Cruel Murders committed by the Cherokees
on the Frontier of this and the neighbouring Provinces
2. Resolved That an Aid be granted to His Majesty sufficient to
defray the Expence of raising Cloathing and Paying such forces
3. Resolved that Establishing a Vestry of each respective Parish
with Proper Power to raise a Competent Salary and Provision for
the Minister thereof and the due Management of Parochial Affairs
may tend to Encourage Orthodox and Learned Clergymen to settle
in this Province and to Promote true Religion and Piety
4. Resolved That Establishing Superior Courts of Justice in this
Province on a respectable foundation and under proper Regulations
will render the Administration of Justice Easie and Expeditious
and be a Security to the lives Liberty and Property of the subject.
5. Resolved That the Establishing an Inferior Court in every
County will promote good Order and due observance of the Laws and
be of Essential Service to the Trading Interest of this Government
6. Resolved That a Person of Integrity Experience and Address
be Constituted Agent of this Province and a Committee of Corres-
pondence Appointed and authorized to Communicate to him from
time to time such matters relative to this Government as it shall be
thought necessary to have represented to His Majesty or the several
Boards in England ,
7. Resolved that it is the Indubitable right of the Assembly to
frame and model every Bill, whereby an Aid is Granted to his Maj-
esty in such manner as may render the same most effectually con-
ducive to his Majestys Service and the Honor and Interest of the
Crown and that every Attempt to deprive them of the Enjoyment
thereof is an Infringement of the rights and Privileges of the
Assembly. ,
8. Resolved That the Method Observed by the Treasurers in sta-
ting their Accounts Exhibited to the last Session of Assembly was
COLONIAL RECORDS. 381
agreeable to the directions of the several Laws of this Province by
virtue whereof the money by them Accounted for was levied And
Consonant to Constant and uninterrupted usage — And that the
method Proposed by His Excellency is unprecedented and repug-
nant to Law.
To which the House Agreed.
On motion, Resolved the House resolve into a Committee of the
whole House to take into Consideration the Bill for Establishing
Superior Courts of Pleas and Grand Sessions to morrow morning
On motion, Resolved the House resolve into a Committee of the
whole House to take into Consideration the Bill to Establish Inferior
Courts of Pleas and Quarter Sessions to morrow.
Then the House adjourned till tomorrow morning 9 "Clock
Thursday the 6 th of May 1700 The House met according to Ad-
journment
Mr. Benj u Harvey whose Indisposition rendered him Incapable
to attend the Service of the House moved to absent himself there-
from.
Ordered he have leave to absent accordingly
Mr. Caswell, Mr. Shepard and Mr. Coutanche appeared
Mr. John Harvey moved for leave to bring in a Bill for repeal-
ing the several Acts herein mentioned
Ordered he have leave and that he prepare and bring in the same
Mr. Harvey brought in the aforementioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Hewes and Mr. Vail
Mr. Joseph Jones one of the Members for Pasquotank County
appeared took the Oaths by Law appointed for his Qualification
subscribed the Test and took his seat in the House
On Motion Ordered the Bill for Enlarging the Time for the In-
spection of Tobacco at the Public Warehouse in the Town of Halifax
be committed for amendment to the Members of Northampton
County
The Order of the Day being read the House resolved into a Com-
mittee of the whole House to take under Consideration the Bill to
Establish Inferior Courts of Pleas and Quarter Sessions in the
Several Counties in this Province and Chose Mr. Starkey- Chairman
who took the Chair Accordingly After reading the said Bill and
382 COLONIAL EECORDS.
fully Considering the same the Committee agreed to several amend-
ments thereto
On Motion Resolved the Committee rise and That Mr. Chairman
Report to the House that the Committee had Proposed several
Amendments necessary to the said Bill but not having time to re-
duce them into form desire leave to sit again tomorrow
Resolved — The Committee have leave to sit again tomorrow-
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
The Order of the day being read That the House Resolve into a
Committee of the whole House to take under Consideration the Bill
for Establishing Superior Courts &c. And on Motion Resolved the
House Resolve into a Committee of the whole House tomorrow for
the Purposes aforesaid
Mr. Jones moved for leave to bring in a Bill directing the Method
of appointing Jurymen in all Causes Criminal or Civil and for an
Allowance for their Attendance at the Superior and Inferior Courts
Ordered he have leave and that he prepare and bring in the same
Mr. Jones according to order brought in the above mentioned
Bill which he read in his place and Delivered in at the Table where
the same was again read by the Clerk Passed and Ordered to be sent
to the Council.
Sent the same to the Council by Mr. Hutchins and Mr. Graves
On Motion Resolved the Bill for the better care of Orphans and
security and management of their Estates be read the second time;
Read the same a second time amended passed and Ordered to be
sent to the Council.
Sent the same to the Council by Mr. Hutchins and Mr. Graves
On Motion Resolved Mr. Anthony Hutchins be added to the Com-
mittee of Claims.
On Motion Ordered the Bill for making Provision for an Orthodox
Clergy be read the second time. Read the same a second time passed
and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Hutchins and Mr. Graves
On Motion Ordered the Bill to Confirm an Agreement made by
the present Church Wardens and Vestry of Edgcomb Parish in the
County of Halifax be read a second time. Read the same a second
time passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Hutchins and Mr. Graves.
Mr. Gary moved for leave to bring in a Bill for Licencing Pedlars.
COLONIAL RECORDS. 383
Ordered he have leave and that he prepare and bring in the same.
Then the House adjourned till tomorrow morning 9 "Clock.
Wednesday the 7 th May 1700. The House met according to Ad-
journment
Mr. Gary Presented the Petition of Barnaby M°Kinnie of the Prov-
ince of North Carolina Setting forth that Barnaby M°Kinme late of
Edgcomb County* Grandfather to your said Pett' in his life time was
seised in his Demesne as of fee of and into Three Hundred Acres of
Land in Halifax County formerly called Edgcomb did by bis last
will and Testament &c. bearing date the thirteenth day of August
in the year One Thousand seven hundred and thirty seven devise
the same to his son Richard M°Kinnie with limitation over That if
the said Richard should dye without Issue then to his son John
MTvinnie Father to your Pett r whose son and heir he is and to the
Heirs of his body Lawfully begotten and to their Heirs for ever
And that after the Death of the said Barnaby M c Kinnie Richard the
son Entered and dyed seized thereof about the month of May in the
year One Thousand seven hundred and fifty five without having
Issue of his body lawfully Begotten by means whereof the Property
of the Aforesaid Three Hundred Acres of Land vested in your said
Petitioner as son and Heir to the said John M°Kinnie to whom the
said Three hundred Acres ,of Land was Limitted the said John
MTvinnie being long since dead.
That he is apprehensive that there may be some doubt whether
the aforesaid Three Hundred Acres of Land may not be thought
to be Entailed, And to the end that he may Prevent Expensive and
tedious Law suits —
Therefore prays that the Entail of the aforesaid Thi-ee Hundred
Acres of Land may be Docked and the fee simple thereof vested in
the Pett r And that other Lands may be settled in lieu thereof to the
same uses
Also the Petition of John Lane of the Province of South Carolina
Setting forth that Barnaby M c Kinnie late of Edgecomb County in
his lifetime was seized in his Demesne as of fee of and into One
thousand six hundred and ninety Acres of Land scituate lyeing
-and being in Halifax County (formerly Edgcomb) And by his last
Will and Testament in Writing bearing date the 13 th of August One
Thousand seven hundred and Thirty seven devised the same with
other Lands to his son Richard MTvinnie with Limitation over that
if the said Richard should dye without Issue then to Patience Lane
384 COLONIAL RECORDS.
(Mother of your said Pett r ) and Mourning Pope Equaly to be divided
between them And that after the death of the said Barnaby the said
Richard Entered and died seized thereof on or about the Month of
May One Thousand seven Hundred and fifty five without leaving
lawfull Issue whereby the Property of One half of the said one
Thousand six hundred and ninety Acres of Land vested in your said
Pet r as son and Heir to the said Patience Lane
And that he is apprehensive that there may be some doubt whether
the aforesaid Land by a strained Construction may not be thought
to be Entailed and to the End that he may Prevent future Expensive
and Tedious Law Suits and to Enable him to make provision for a
Numerous family of young children —
Therefore prays that the Intail of the aforesaid Lands the Prop-
erty whereof is in your Pet r and that other Lands may be settled in
lieu thereof to the same use &c.
Then on Motion Resolved That the Consideration of the Petition
of John Lane be reffered till next session of Assembly And That
Mr. Gary, Mr. Caswell, Mr. Swann Jr, Mr. Williams and Mr. Harvey
Enquire into the Allegation of the Pet r of Barnaby M°Einnie and
make Report thereon to the House.
Received from the Council the Bill for Establishing Vestries.
Endorsed 6 th May 1760. In the Upper House read the second
time amended & passed. ,
Mr. Gary laid before the House the Pet n of John Rogers setting
forth That he was Sergeant in the Company Commanded by Maj
Hugh Waddell and Employ 'd in the Expedition against Fort Du
Quesne.
That the Commanding Officer at Loyal Hanning Promised a re-
ward of Fifty Guineas and another Officer of Four Hundred Guineas
for taking of an Indian Prisoner That in Consequence thereof and
to distinguish his Zeal for the Public Service at the Hazard of his
life he did take an Indian Prisoner in Nov r 1758 who gave satisfac-
tory Intelligence &c — That General Forbes is since dead therefore
Conceives he cannot obtain the Reward.
Therefore prays the house will consider the said service and make
some allowance for the same.
The House took the said Petition under consideration and on
Motion Resolved That the Pet r be allowed for his said Service
twenty pounds Proclamation Money and that the same be paid out
of Tax for Contingencys.
Received from the Council the Bill for the better care of Orphans
COLONIAL RECORDS. 385
and Security and Management of their Estates. Endorsed 7 th May
1700. In the Upper House read the second time amended and
passed.
And the Bill directing the Method of appointing Jurymen in all
Causes Criminal and Civil and for their Allowance for their attend-
ance ifec. Endorsed 7 th May 1760. In the Upper House read the
first time and passed.
And also the Bill for Establishing Vestries. Endorsed 6 th May
1760. In the Upper House read a second time amended and passed.
The Order of the day being read the House Resolved into a Com-
mittee of the whole House to receive the Amendments in the Infe-
rior Court Bill and Mr. Chairman took the Chair then laid before
the Committee the several Amendments Proposed to the said Bill
which were agreed to by the Committee Yesterday — And then on
Motion Resolved the Committee rise, Mr. Chairman report the said
Amendments to the House and Mr. Speaker resume the Chair.
Mr. Speaker resumed the Chair.
Mr. Chairman reported that the Committee had reduced the
Amendments thought necessary to the Bill to Establish Inferior
Courts &c — which he laid before the House to which the House
agreed and Ordered the said Amendments be Inserted in the said
Bill
The said Amendments are accordingly Inserted therein.
On motion Ordered the said Bill pass the second time with the
said Amendments and be sent to the Council
The order of the Day being read the House Resolved into a Com-
mittee of the whole House to Consider the Bill for Establishing Su-
perior Courts of Pleas &c and chose Mr. Stark ey Chairman who took
the Chair accordingly.
Ordered the said Bill be read Read the same
Resolved That the said Committee not having time to go through
the Bill do rise, and Mr. Chairman Report to the House the same,
and desire leave to sit again to morrow, And that Mr. Speaker re-
sume the Chair.
Mr. Speaker resumed the Chair.
Mr. Chairman reported that the Committee had taken under Con-
sideration the said Bill but not having time to go through the same
desire leave to sit again to morrow.
Resolved, the said Committee sit to morrow
Then the House adjourned till to morrow morning 9 "Clock
Vol. VI— 25
386 COLONIAL RECORDS.
Thursday the 8 th of May 1760. The House met according to Ad-
journment
James Dunlevy Serjeant at Arms having returned the Warrant
to him directed to take into his Custody Henry Delon Assistant
Clerk to the Clerk of Assembly and Clerk of the Committee of Pub-
lic Accounts and bring him before the House together with all the
Papers in his Custody belonging to the public That he had brought
before this House the said Henry Delon together with the said
Papers as above directed
The said Henry Delon Appeared and on motion Ordered he
attend the Committee of Public Accounts and lay before them the
said Books and Papers and that the said Committee Examine them
and make report to the House thereon
The Order of .the Day being read the House Resolved into a Com-
mittee of the whole house and took under Consideration the Bill for-
Establishing Superior Courts &c and Mr. Chairman took the Chair.
Ordered the said Bill be read, Paragraph by Paragraph the same
is read accordingly — And several Amendments Proposed and Agreed
to by the Committee.
Then on Motion, Resolved the Committee Rise Mr. Sj:>eaker re-
sume the Chair And Mr. Chairman Report to the House that the
Committee had agreed to several Amendments and lay the same
before the House.
Mr. Speaker Resumed the Chair.
Mr. Chairman Reported the Committee had taken the above Bill
under Consideration and Agreed to several Amendments which he
laid before the House.
Ordered the same be read, read the same, to which the House
Concurred and Ordered the said Amendments be Inserted in the said
Bill. The same are Inserted Accordingly, And on Motion Ordered
the said Bill Pass the second time and be sent to the Council.
Sent the above mentioned Bill and also the Inferior Court Bill to
the Council by Mr. Williams and Mr. Barrow.
Then the House adjourned till tomorrow morning 9 "Clock.
Fryday the 9 th of May 1760 The House met according to Ad-
journment.
On Motion Ordered the following Message be sent to the Council
Viz'
COLONIAL RECORDS. .387
Gentlemen of His Majesty's Hon 1 " 6 Council
This House on reading the Pet n of John Rogers which we here-
with send, and having maturely considered the same have Resolved
That the said John Rogers be allowed for his said service in the said
Pet n mentioned The sum of Twenty pounds Proclamation Money
and the same be paid out of the Tax for Contingencies to which
desire your Honours Concurrence
SAM 1 SWANN Speaker
By Order W m Herritage Clk.
Sent the above Message to the Council by Mr. Starkey and Mr.
Barrow.
The Petition of Divers of the Inhabitants of Onslow County was
Presented and Read, setting forth that Bear Inlett in the said County
hath a sufficient depth of water for Vessells of Burthen & Praying-
Proper Persons may be appointed to Amend the Navigation from
Howard Bay in New River through the Sound to Bear Inlet and that
the Powder Money arising on Vessells coming into the said County
and a small Tax for Two or Three } r ears sufficient to make up the
sum of one hundred and Twenty pounds be laid out and levied on
the Inhabitants of the same &c. for the purposes aforesaid
Ordered that Mr. Starkey prepare and bring in a Bill Pursuant to
the Prayer of the said Petition
Mr. Starkey according to Order brought in a Bill to amend and
Improve the navigation from Howard's Bay in New River in Onslow
County to Bear Inlet which he read in his place and delivered in at
the Table where the same was again Read by the Clerk Passed and
Ordered to be sent to the Council.
Sent the same with the said Petition to the Council by Mr. Bryan
& Mr. Houston
Mr. Baker moved the Committee Appointed to Inquire into the
Allegations set forth in the Petitions of Barnaby McKinnie and
John Lane Presented to the House the 7 th Instant be discharged
Ordered they be discharged accordingly
Mr. Baker moved for leave to withdraw the Petitions of Barnaby
McKinnie and John Lane
Ordered that he have leave and that the Clerk deliver the same
Mr. Harnett from the Committee appointed to State and Settle
the Public Accounts to whom the Examination of the state and
Condition of the Books and Papers belonging to the Public formerly
delivered to Henry Delon late Clerk of the said Committee
383 COLONIAL RECORDS.
Reported that Henry Delon in Obedience to an Order of the
House Appeared in Custody of the Sergeant at Arms and delivered
into your Committee Several Books and other Papers relative to the
Public Accounts of this Province which upon his Oath he deposed
were all that were in his Custody or ever came to his hands relating
thereto which appeared to this Committee to be in good Order
CORN 8 HARNETT Chairman
Henry Delon Appeared at the Barr of this House in Custody
And on Motion Ordered the said Henry Delon be discharged
The Petition of the Inhabitants of Bladen County was presented
and read, Setting forth that an Act of Assembly Passed at Novem-
ber Session at Wilmington in one Thousand Seven Hundred and
fifty nine — Entitled an Act to Impower and direct the Commis-
sioners of the Districts herein after mentioned to lay out and make
new Roads and that they conceive the said Act passed thro' mis-
representation for that some of the Powers thereby Vested in the
Commissioners is greatty prejudicial to the Inhabitants of the said
County
Praying a Bill may be brought in to repeal part of the said Act
so far as relates to new Roads therein Mentioned to be laid Out
Ordered Mr. Howe do prepare and bring in a Bill pursuant to the
Prayer of the said Petition
The Petition of Henry Johnston was Presented and Read, Setting
forth that he was appointed and acted as Adjutant to the Troops in the
Pav of this Province when under the Command of General Forbes
That in Consequence of the said Appointment he acted in that
Capacity for the space of seven months
Praying such an Allowance for his said service as the Assembly
shall think reasonable
The House on Mature Consideration of the said Petition Resolved
the said Henry Johnston be allowed Thirty five Pounds for his said
Service out of the Contingent Tax — And that the following Message
be sent to the Council Viz
Gent" of His Majesty's Hon" 6 Council.
This House on reading the Pet n of Henry Johnston (which we
herewith send) and duly considered the same have Resolved that
the said Henry Johnston be allowed Thirty five pounds Proclama-
tion Money, for his said Service in the said Petition mentioned out
COLONIAL RECORDS. 389
of the Contingent Tax and desire your Honours Concurrence
thereto
SAMUEL SWANN Speaker
By Order W 10 Herritage Clk
Sent the above Message by Mr. Starkey and Mr. Barrow.
The Petition of Sundry of the Inhabitants of Beaufort County
was Presented and read setting forth the utility of a Division of the
County of Beaufort — Praying an Act may pass for the division
thereof.
And also the Petition of sundry of the other Inhabitants of Beau-
fort County was presented and read — ••
Setting forth that Sundry of the Inhabitants of the upper and
lower End of the said County have Petitioned the Assembly and
therein asserted that the said County is in Extent One Hundred
miles or more and divided by a Boisterous and Tempestuous River
&c — And Praying the said County and Parish be divided —
And that the matters of fact in the said Petition for dividing the
said County are altogether untrue and praying the said County may
not be divided.
On which the Motion was made and the Question put whether a
Bill be brought in for Dividing the said County or the Petitions for
and against the division of the said County be referred to the Assem-
bly at the next Session thereof for Consideration — And was carried
by a majority for referring the said Petitions as aforesaid
Pursuant to Notice Ordered the Bill for the better care of Orphans
and security and Management of their Estates be read the third
time — Read the same a third time amended passed and Ordered to
be sent to the Council
Sent the same to the Council by Mr. Starkey and Mr. Barrow.
Received from the Council the Bill for Establishing Superior
Courts of Pleas and Grand Sessions &c — And the Bill to Establish
Inferior Courts of Pleas and Quarter Sessions. Endorsed 9 th May
1760 — In the Upper House read the second time and passed with
Amendments
On Motion Ordered the Bill for Enlarging the time for Inspection
of Tobacco at the Public Ware House in the Town of Halifax &c
be read the second time — Read the same a second time amended
passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Starkey and Mr. Barrow.
On Motion Ordered his Excellency be Addressed to direct the
390 COLONIAL RECORDS.
Clerk of the Crown to issue a Writ for Electing Members for the
County of Hertford to sit and vote in this present Assembly and that
the following Message be sent to his Excellency the Governor — Viz*
To His Excellency Arthur Dobbs Esq 1 Cap' Gen 1 Gov &c —
Sir The Assembly desire your Excellency will be pleased to direct
the Clerk of the Crown to Issue a Writ for Electing Members for the
County of Hertford to sit and vote in this Present Assembly.
SAM 1 SWANN Speaker
By Order W m Herritage Clk
On Motion Resolved that James Dunlevy Serjeant at Arms who
went for and brought Henry Delon to the Ban of this House in
Custody be allowed for the same seven pounds and ten shillings
Proclamation Money Including his ferriages and two days attend-
ance before discharged and that he be paid the same out of the
Contingent Tax.
Then the House adjourned till tomorrow Morning 8 "Clock.
Saturday the 10 th May 1760 The House met according to Ad-
journment
Pursuant to the return of the Writ for Electing Members to sit
and vote in this present Assembly for the County of Tyrell Mr. Ed-
mond Smith wick, Mr. Jacob Blount, Mr. William Mackey, Mr. James
Blount and Mr. Stephen Hooker Appeared.
The Hon ble John Swann and John Dawson Esq rs Members of his
Majestys Hon ble Council came to the House and before them the
aforesaid Members for Tyrrell County took the Oaths by Law ap-
pointed for their Qualification subscribed the Test and took their
Seats in the House.
On motion Ordered the Bill for Establishing Superior Courts of
Pleas and Grand Sessions &c be read the third time Read the same
a third time, Amended and Passed
And the Bill to Establish Inferior Courts of Pleas and Quarter
Sessions &c be read the third time Read the same a third time
Amended and passed.
Ordered the said Two Bills be sent to the Council.
Then the House adjourned till 4 "Clock Afternoon.
P. M. The House met according to Adjournment
Sent the Superior and Inferior Court Bills to the Council by Mr.
COLONIAL RECORDS. 391
Barker Mr. Ashe and Mr. Howe and such other members as shall
please to Accompany them.
Then the House adjourned till 9 "Clock Monday morning.
Monday the 12 th of May 1700. The House met according to Ad-
journment
Received from the Council the following Bills Viz 4
The Bill for repealing Several Acts herein mentioned The Bill
to amend and Improve the Navigation from Howards Bay in New
River &c And the Bill for Licenceing Pedlars Endorsed 10 th May
1700 In the Upper House read the first time and passed.
And also the Bill to Confirm an Agreement made by the present
Church Wardens and Vestry of Edgcomb Parish in the County of
Halifax Endorsed 10 th May 1700. In the Upper House read the
second time and passed.
And also the Bill for Enlarging the time for the Inspection of
Tobacco in the Town of Halifax for Increasing the Salaries of the
Inspectors &c. Endorsed 10 th May 1700. In the Upper House read
the second time amended and passed.
On Motion Ordered the Bill to amend and Improve the naviga-
tion from Howards Bay in New River &c be read a second time
Read the same a second time amended passed and Ordered to be
sent to the Council..
And the Bill for repealing the several Acts therein mentioned be
also read the second time. Read the same a second time passed and
Ordered to be sent to the Council.
Sent the above two Bills to the Council by Mr. Mackey and Mr.
Blount
On Motion Ordered the Bill for Electing Vestries be read the third
time Read the same a third time Amended passed and Ordered to
be sent to the Council
Sent the same to the Council by Mr. Mackey and Mr. Blount
On Motion Ordered the Bill for Electing Vestries be read the third
time Read the same a third time Amended passed and Ordered to
be sent to the Council .
Sent the same to the Council by Mr. Mackey and Mr. Blount
Received from the Council the following Message Viz'
Mr. Speaker and Gent" of the Assembly.
On reading a Third time [the Bill] to Establish Inferior Courts of
392 COLONIAL RECORDS.
Pleas &c We observe you have given the Courts a Jurisdiction of
Fifty Pounds. We propose that it be altered to thirty Eight Pounds
and also that in the said Bill you have required Witnesses to attend
from Court to Court in consequence of one Summons.
We propose that every Summons should only extend to the Court
to which it was originally returnable to which amendments if your
House agree please send such of your Members as you may think
proper to see the same done.
12 th May 1760.
Mr. Speaker and Gentlemen op the Assembly
On reading a third time the Bill for Establishing Superior Courts
of Pleas &c. This House observe that in the third page and six-
teenth line the word (therefore) is dele'd and the word (And) Inserted
which they apprehend to be a mistake and that the word (And)
should be struck out and the word therefore Inserted.
They further Observe that in the 22 d page 2 nd line there ought to
be Inserted the following words, viz' (the Judgment or decree of any
Inferior Court)
They likewise take notice that by a Clause annexed to the Bill
Witnesses are compelled to attend from Court to Court in Conse-
quence of one Summons Whereas they apprehend that one Sum-
mons ought to extend only to the Court to which originally returnable
to which amendments if your House agree please send such of your
Members as you think proper to see the said Amendments made
12 th May 1760.
On Motion Resolved that Mr. Robert Jones Mr. Barker and Mr.
Starkey be appointed a Committee to Consider of ways and means
for raising the Aid Proposed to be granted to His Majesty by the
resolve of this House on Monday last and that they Report their
opinion thereon to the House.
On Motion Resolved the Bill to Confirm an Agreement made by
the Present Church Wardens and Vestry of Edgcomb Parish in the
County of Halifax with the Reverend Thomas Burgess be read the
third time — Read the same a third time passed and Ordered to be
sent to the Council
Sent the same to the Council by Mr. Taylor and Mr. Saunderson
Then the House adjourned till 4 "Clock Afternoon
COLONIAL RECORDS. 393
P. M. The House met according to Adjournment
Mr. Howe who was ordered to bring in a Bill to repeal an Act
Intitled an Act to Impower and direct the Commissioners of the
Districts herein after mentioned to lay out and make New Roads
<fcc — moved to be discharged therefrom
Ordered he be discharged accordingly
Mr. Haywood and Mr. Howe moved for leave to absent themselves
from the service of the House
Ordered they have leave to absent [themselves] accordingly
Then the House adjourned till 9 "Clock tomorrow morning
Tuesday the 13 th of May 1760. The House met according to Ad-
journment
Mr. Baker moved for leave to absent himself from the Service of
the House.
Ordered he have leave to absent himself accordingly
On Motion Resolved the following Message be sent to the Council
Viz 4
«
Gent" of His Majesty's Hon" 8 Council.
In answer to your Message of yesterday wherein you Propose to
Alter the Jurisdiction of the Inferior Courts &c — to thirty Eight
pounds, The Assembly would observe that Matters determinable in
those Courts for the most part are of an obvious and easy nature
many of them being Debts secured by Specialties or Promisory
Notes, That the Proceedings in the said Courts are more Expeditious
and less expensive than the Proceedings in the Superior Courts,
And as the party is allowed an appeal in every Instance wherein he
thinks himself aggrieved so that any Error which may happen in
the Proceedings in the Inferior Courts may be corrected — We cant
help thinking that it will be of Essential Service to the Trading
Interest of the Country to allow the said Courts the Jurisdiction
proposed by this House And hope that upon your considering these
reasons you will Concur in Opinion with the Assembly and pass the
Bill without any Alteration in that Particular, Especially when we
Inform you that if the Bill passes into a Law, The Assembly propose
to Address his Majesty and show the utility of the same, And that
it is well adapted to the Particular Circumstances and true Interest
of this Province, and we well hope to obtain his Approbation thereof
as his Majesty hath already given his Assent to an Act of an Adja-
cent Province wherebv the Inferior Courts thereof are allowed a
394 COLONIAL RECORDS.
much larger Jurisdiction and Experience Sufficiently evinces that it
conduces greatly to the Interest ease and happiness of the people.
As the Clause requiring Witnesses to attend from Court to Court
in Consequence of one Subpoena untill the Suit in which they shall
be summond be determined, We cant help observing that the
method you propose will greatly accumulate the Cost on Proceeding
in the said Courts and Impoverish the Suitors ; Therefore would hope
you will pass the Bill without such Alteration.
SAM 1 SWANN Speaker.
By Order. W m Herritage Clk.
Sent the above Message to the Council by Mr. Bell and Mr. Mac-
key.
Received from the Council the Bill to amend and Improve the
Navigation from Howards Bay to Bear Inlett — And the Bill for re-
pealing Several Acts herein mentioned.
Endorsed the 12 dh May 1760. In the Upper House read the second
time and passed.
On Motion Ordered the Bill for making provision for an Orthodox
Clergy be Read a third time — Read the same a third time amended
passed and Ordered to be sent to the Council.
Sent the above Bill to the Council by Mr. Bell and Mr. Mackey.
On Motion Resolved the following Message be sent to the Council
Viz 4
Gentlemen of His Majestys HoN bIe Council
On Considering your Message of yesterday relative to the Bill for
Establishing Superior Courts &c.
The Assembly would observe that this House upon the third
reading of the said Bill, Ordered the Preamble Immediately pro-
ceeding the word (Therefore) in the 10 th line in the 3 d Page to be
dele'd and the word (And) to be inserted, And if it stands otherwise
it is a mistake of our Clerk, and agree either to strike out the word
(And) Insert the word therefore or dele the aforesaid Preamble
whichever you think will make that part of the Bill most Con-
sistent.
This House readily agree to insert the words (The Judgments or
decree of any Inferior Court) in the 2 d line of the Twenty second
page.
As to the Clause requiring Witnesses to attend from Court to
Court in Consequence of one Suboepna untill the Suit in which they
COLONIAL RECORDS. 395
shall be summoned be determined, We cant help observing that the
Method you propose will greatly accumulate the Costs and Impov-
erish the Suitors ; Therefore would hope you will pass the Bill with-
out such Alteration.
Sent the above Message to the Council by Mr. Bell and Mackey.
On motion Ordered the Bill for repealing the several Acts herein
mentioned be read the third time. Read the same a Third time
amended passed and ordered to be sent to the Council
And the Bill to amend and Improve the navigation from Howards
Bay in New River &c to Bear Inlett be read a third time. Read
the same a third time passed and Ordered to be sent to the Council
Sent the above two Bills to the Council by Mr. Houston and Mr.
Jones.
On motion Ordered the Commissioners for the Navigation of Port
Bath, Port Roanoke and Port Beaufort do lay before the Assembly
at the next Session thereof their accounts of the Monies by them
Received Iri virtue of the Act for facilitating the Navigation of Port
Bath, Port Roanoak, and Port Beaufort at [and] that the Clerk give
notice thereof to one of the Commissioners in each-of the said Ports
Received from the Council the following Bills Viz'
The Bill for Establishing Superior Courts of Pleas and Grand
Sessions Endorsed J. 3 th of May 1760 In the Upper House read
the third time and passed Ordered to be Engrossed
The Bill to Establish Inferior Courts of Pleas and Quarter Ses-
sions &c Endorsed 13 th of May 1760 In the Upper House read
the third time and passed Ordered to be Engrossed
The Bill for the Better care of Orphans and Security and Man-
agement of their Estates Endorsed 13 th May 1760 In the Upper
House read the third time and passed Ordered to be Engrossed
The Bill for making Provision for an Orthodox Clergy Endorsed
13 th May 1760 In the Upper House read the third time and passed
Ordered to be Engrossed
And the Bill for Establishing Vestries Endorsed 13 th of May
1760 In the Upper [House] read the third time and passed Or-
dered to be Engrossed
Mr. Jones from the Committee appointed to Consider of ways and
means for raising an Aid for his Majesty, Reported that the Com-
mittee had come to several resolutions which he was read}' to lay
before the House when they will please to receive them
Ordered the said resolves be received Mr. Jones Presented the
396 COLONIAL RECORDS.
same and Read them in his Place [and delivered them in at the
Table] where the same were again read by the Clerk and agreed to
by the House as follows — Viz'
Resolved That it is the Opinion of this Committee that it is Im-
practicable in the present Impoverished State of the Province to
raise such an Aid by a Poll Tax
Resolved That the Issuing Paper Bills of Credit redeemable out
of the Proportion of the Parliamentary Grants which shall be allot-
ted to this Province is the only Effectual Method by which money
can be raised for his Majesty's Service in this present Emergency
Resolved That it will be a means of Supporting the Credit of
such Bills if a proper person is Impowered to receive such Propor-
tion and remit the same in specie so that the said Bills may be re-
deemed out of the same in a reasonable time
On Motion Ordered Mr. Jones, Mr. Barker and Mr. Starkey be ap-
pointed a Committee to Prepare and bring in a Bill Pursuant to the
above Resolves and they are according^ appointed for that Pur-
pose
Mr. Jones from the said Committee reported that the said Com-
mittee had prepared the Bill for Granting an Aid to his Majesty for
appointing an Agent for the Province and other purposes which he
read in his place and delivered in at the Table where the same was
again read by the Clerk passed and Ordered to be sent to the Council
Sent the Same to the Council by Mr. Barrow and Mr. McCulloch
On Motion Ordered the Bill for Appointing Jurymen in all Causes
Criminal and Civil be read the Second time Read the same the
second time amended Passed and Ordered to be sent to the Council
Sent the same to the Council by Mr. Taylor and Mr. Bonner
Then the House adjourned till 9 "Clock tomorrow morning
Wednesday the 14 th of May 1760 The House met according to
adjournment.
Mr. Coutanche moved for leave to bring in a Bill to appoint Com-
missioners to lay out fifty Acres of Land on Ocacock Island for the
use of the Public
Ordered he have leave and that he prepare and bring in the same
Mr. Coutanche brought in the aforementioned Bill which he read
in his place and delivered in at the Table where the same was again
read by the Clerk passed and ordered to be sent to the Council
Sent the same to the Council by Mr. Simpson and Mr. Caswell.
On Motion Ordered the Bill for Enlarging the time for inspecting
COLONIAL RECORDS. 397
of Tobacco of the Public Ware House in the Town of Halifax and
for Increasing the Salaries of the Inspectors &c. be read a third
time. Read the same a third time. Ordered to be sent to the
Council.
Sent the same to the Council by Mr. Williams and Mr. Hill
Received from the Council the Bill to Amend and Impower the
Navigation from Howards Bay in New River &c to Bear Inlet.
And the Bill for repealing Several Acts therein mentioned
Endorsed 13 th May 1760. In the Upper House read the third
time and passed Ordered to be engrossed.
And also the Bill directing the Method of appointing Jurymen in
all Causes Criminal and Civil.
Endorsed 13 th May 1760. In the Upper House read the second
time and passed.
On Motion Ordered Mr. Child and Mr. Starkey be appointed to
draw an Address to his Excellency the Governor to desire him to pass
the Superior and Inferior Court Bills.
Mr. Child from the Committee appointed to prepare the said ad-
dress Reported that the Committee had prepared the same which he
was ready to Present to the House if they will receive it
Then on Motion Ordered the said Address be received and read —
read the same.
Resolved the same stand the address of this House and be entered
on the Journal thereof as follows — Viz' —
To His Excellency Arthur Dobbs Esq 1 Cap' Gen 1 and Gov r of
the Province of North Carolina
The Humble Address of the Assembly of the said Province
. Sir As Bills for restoring the Courts of Judicature, and through
them, life to Government and the Rights and Liberties of the Peo-
ple appeared to be Indisputably of the first-Importance to the Prov-
ince We thought it our duty to give them the Precedence of all other
Objects whatsoever.
These Bills, Sir, have been dispatched with unexampled una-
nimity and concurrence by both Houses ; Are Engrossed and now
only wait for your Excellencys Assent, that they may be passed
into laws, which we trust will by their Operation and Excellent Ef-
fects distinguish the Wisdom and Justice of the Present Legislature.
The extreme solicitude of the People for the Enactment of such
Laws and our own Experience of the great mischiefs and Inconveni-
ences which have happened in a long Licentious Interval, call upon
398 COLONIAL RECORDS.
us to beseech your Excellency that you will be pleased to give your
Immediate Assent to them in Order that a Proper Foundation may
be laid, as well for rendering so just a satisfaction to the People as
for warranting our Procedure to the dispatch of other Important
Matters
And we deem your Excellencys Assent the more Necessar} r to be
given at this time, since we Propose to frame a Proper remonstrance
to His Majesty for explaining the Expediency of our Deviation in
some Articles from what may have been Considered as a direction to
us in the Constructions of those Bills.
Sir, we take leave to strengthen this our Importunity by assuring
your Excellency that we will exert a very practicable Endeavour to
demonstrate the Strictness of our Attention to the General Objects
which were so Powerfully Recommended to us at the Opening of this
Session having first with such satisfaction to our Consciences provided
for the Particular Security of the lives, Liberties and Properties of
our Constituents, His Majestys Approved faithfull and most loyall
Subjects upon all occasions
Resolved — The same be Presented to His Excellency.
Mr. Barker moved for leave to bring in a Bill to ascertain the
Taxes Payable within this Province and to Continue the Tax for
sinking the Present Bills of Currency
Ordered he have leave and that he prepare and bring in the same
Mr. Barker Presented the above mentioned Bill which he read in
his place and delivered in at the Table where the same was again
read by the Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Williams and Mr. Hill
Received from the Council the Bill for Granting an Aid to His
Majesty for appointing an Agent for this Province and other Pur-
poses Endorsed 14 th May 1760 In the Upper House read the second
time amended and Passed.
And the Bill to appoint Commissioners to lay out fifty Acres of
Land on Ocacock Island for the use of the Public Endorsed in the
Upper House read the first time and Passed May 14 th 1760
Then the House Adjourned till 3 "Clock Afternoon
P. M. The House met according to Adjournment
On Motion Ordered the Bill directing the Method of Appointing
Jurymen in all Causes Criminal and Civil be read the Third time
COLONIAL RECORDS. 399
Read the same a third time amended passed and Ordered to be sent
to the Council
Sent the same to the Council by Mr. Williams and Mr. Hill
On Motion Ordered the Bill to appoint Commissioners to lay out
fifty Acres of Land on Ocacock Island for the use of the Public — be
read a second time Read the same a second time and amended
Then the Motion was made and the Question put whether the said
Bill be rejected [or] Pass — and resolv'd the same be rejected
Then the House adjourned till 9 "Clock tomorrow morning
Thursday the 15 th of May 1760. The House met according to
Adjournment
Mr. Vail from the Committee appointed to prepare and bring in a
Bill for the Better regulation of the Militia — Reported that the
Committee had prepared the same which ,he was ready to present if
the House would receive it
Resolved the House receive the said Bill
Mr. Vail Presented the said Bill which he read in his place and
delivered in at the Table where the same was again read by the
Clerk And on motion Resolved the same lye on the Table
Received from the Council the Bill directing the Method of Ap-
pointing Jurymen in all Causes Criminal and Civil Endorsed 14 th
of May 1760 In the Upper House read the third time and passed
Ordered to be Engrossed
And the Bill to ascertain the Taxes Payable within this Province
and to Continue the Tax for sinking the Present Currency En-
dorsed 14 ,h of May 1760 In the Upper House read the first time
and passed
On motion Ordered the Bill to Ascertain the Taxes Payable within
this Province and to Continue the Tax for sinking the Present Cur-
rency be read the second time. Read the same a second time
amended passed and Ordered to be sent to the Council.
Sent the above Bill to the Council by Mr. Etheridge and Mr.
Ferebee.
Then the House Adjourned till 9 "Clock to morrow morning
Friday the 16 th of May 1760. The House met according to Ad-
journment.
Pursuant to the return of the Writ for Electing Members for
Granville County Mr. Robert Harris and Mr. Samuel Benton ap-
peared took the Oaths b} r Law appointed for their Qualification sub-
400 COLONIAL RECORDS.
scribed the Test and took their Seats in the House. Mr. John Har-
vey moved for leave to absent himself from the service of the House.
Ordered he have leave to absent [himself] accordingly.
Mr. Dewey according to Order Presented a Bill for Confirming
the Charter of the Boroughs of Wilmington, Edenton and Halifax
and Enlarging the Jurisdiction of the Courts held for the said Bo-
roughs which he read in his place and delivered in at the Table
where the same was again read by the Clerk. Then on motion be-
ing made and the Question put whether the said bill pass or be re-
jected and Resolved the said Bill be rejected.
On motion Resolved the following Message be sent to His Excel-
lency the Governor Viz'
To His Excellency Arthur Dobbs Esq f Gov 1 &c.
Sir — The two Houses of Assembly having passed — Two Bills for
the Establishing Courts of Judicature [on] which every Bill already
passed and now before the Assembly has a necessary Dependence
and connection and without which they Cannot Operate.
The Assembly would desire, to Offer some observations to your
Excellencys Consideration Concerning the Utility and Expediency
of. your passing the said Bills Immediately into Laws and for that
purpose have prepared an Address to your Excellency — And would
desire to be informed when they may wait on you and present it.
Sent the above Message by Mr. Waddell and Mr. Cary.
The Petition of James Davis Printer was presented and read set-
ting forth that since the Act passed for the Encouraging James Davis
to set up and carry on his Business of a Printer Eight New Coun-
ties have been Erected by reason whereof the Public Business is
greatly Increased. Praying the said Act may be continued and his
Salary Augmented
On Motion Ordered Mr. Barker prepare and bring in a Bill pur-
suant to the Prayer of the said Petition.
Received from the Council the Bill for Enlarging the time of In-
spection of Tobacco at the Public Warehouse in the Town of Hali-
fax &c Endorsed 14 th of May 1760. In the Upper House read the
third time and passed Ordered to be Engrossed
On Motion resolved the House resolve into a Committee of the
whole House to morrow to consider the Bill for Granting an Aid to
his Majesty for appointing an Agent and other Purposes
Philoman Hawkins Serjeant at Arms to whom Mr. Speakers War-
COLONIAL RECORDS. 401
rant was Directed and delivered to take the body of Reuben Searcy,
Returned the said Warrant in these Words Viz'
In Virtue of the within Warrant to me directed I have taken the
within Reuben Searcy whose body I have ready as I am within
Commanded. And have also summoned the Persons as Witnesses
whose names are hereunto annexed as I also am within Directed
So say • PHIL HAWKINS.
Resolved that the 111 behaviour of the Members for Granville
County in the said Warrant Mentioned be referred for Inquiry to
the Committee of Privileges and Elections.
Ordered that the above Reuben Searcy and the said Witnesses
Attend the said Committee.
Mr'. John Harvey who was Appointed one of the Committee of
Privileges and Elections having obtained leave to absent himself
from the Service of the House.
Therefore on Motion Resolved Mr. Gary be added to the said Com-
mittee in the Room and stead of the said Mr. Harvey
Mr. Waddell and Mr. Cary acquainted the House that in Obedi-
ence to the Command thereof they had waited on His Excellency the
Governor [with] the Message of this House of this day and that his
Excellency returned for answer That he will be ready to receive the
Address of the House in the Council Chamber at 5 "Clock this
Afternoon
Then the House adjourned till 4 "Clock Afternoon
P. M. Then the House met according to adjournment
The House in a full body waited on his Excellency the Governor
in the Council Chamber when Mr. Speaker Presented him with the
Address of the House regarding his Excellencys Immediate Assent
to the Superior and Inferior Court Bills Mr Speaker with the House
returned and Mr. Speaker acquainted the House that he had pre-
sented His Excellency with the Address thereof in regard to His
immediate assent to the two Bills for Establishing Superior and In-
ferior Courts of Judicature and that his Excellency returned for
Answer "That it was of an unusual 'and unpresidented Nature and
that he would consult with Gentlemen who were more conversant
in those Affairs and when he had so done would send an Answer in
writing which may be Entered on the Journal"
Then the House Adjourned till 9 "Clock tomorrow morning
Vol. VI— 26
402 COLONIAL RECORDS.
Saturday the 17 th May 1760 The House met according to Ad-
journment
Received from his Excellency the Governor a Written Message by
Mr. Powell Viz
Mr. Speaker & Gent" of the Assembly.
It is with the greatest concern that at any time I should be obliged
not to comply with an Address of the Assembly and more Particu-
larly at this Important Crisis when you were summoned to meet by
his Majesty's Command with the utmost dispatch to give his Majesty
an Aid of Men, which ought if possible to have been Complied
with the first thing in the Session, as the men were required to be
raised by the first of this Instant, or as soon as possible which has
now been postponed above three weeks to give way to laws which
only relate to the Interior part of this Colon} 7 , And therefore not
material at what time they should be offered in the Session ; Whereas
we having the men raised for Imediate Service, is not only neces-
sary for the Peace and Safety of this Province until His Majesty
Commands them to Assist his Foreign Operations which at this
Critical Emergency may not only secure the religion Liberties and
Peace of this Province, for Ages to come, but also of all his Majesty's
other Colonies and Dominions by a Speedy Exertion of our force
I must also in Common Decency and respect to the Crown give
the Precedency in passing an Aid Bill to every other Act that is
Offered ; for it has been the uninterrupted usage of the Commons
of Great Britain and Ireland ever since the happy Establishment of
their Constitution and Liberties by the Revolution in 1688 to offer
the aid Bill for the Royal Assent before any other, And I found it so
in this Province where all the Bills have been Offered together ; for
in the single Instance last Session in passing the Short Militia Bill
it was given in Aid to Enable His Majesty to Command them out of
the Province ; nor can it be any way Material whether the Bills you
Address for to have the Prefference. given of the said Aid Bill which
you were so earnestly pressed to dispatch is offered this day or a few
days hence
I always Expected from the Zeal the Assembly of this Province
has Expressed to give assistance to drive out Cruel Enemies from
this Continent — That the Aid Bill if not passed before all others
should have at least gone hand in hand together and not have been
postpon'd until the Close of this Session which has delayed the rais-
COLONIAL RECORDS. 403
ing and disciplining the force and Consequently may be ineffectual
and not answer the End ARTHUR DOBBS
The 17 th of May 1760
On Motion, Resolved the Consideration of the said Message be
referred till to morrow.
Received from the Council the Bill to Ascertain the taxes pay-
able in this Province, and to Continue the tax for sinking the present
Bills of Currency Endorsed In the Upper House, read the second
time amended and passed
The Order of the Day being Read, regarding the House Resolving
into a Committee of the whole House, to Consider the Aid Bill &c.
Then on Motion, Resolved the House Resolve into a Committee
of the whole House on Monday next to Consider the said Aid Bill &c.
On Motion Ordered That the Bill to Ascertain the Taxes payable
within this province and to Continue the Tax for sinking the present
Bills of Currency be read the third time. Read the same a third
time.
Then the Motion was made and the Question put whether the said
Bill be rejected or pass And Resolved, Nem : Con : the said Bill be
rejected.
Then the House Adjourn'd till 9 "Clock Monday Morning.
Monday the 19 th of May 1760 The House met according to Ad-
journment
The Order of the clay being read the House took under Considera-
tion his Excellencys the Governor his Message of Saturday last
and Resolved That the following Message be sent to his Excellency
Viz 4
Sir — On reading your Message of Saturday last relative to the
Address of the Assembly beseeching your Excellencys Assent to the
Bills for Establishing Courts of Judicature, We Observe that you
say that these Bills " Only relate to the Interior benefit of this Colony
and therefore not Material what time they shall be offered in the
Session" In answer to which give us leave Sir, that even that Object
alone surely cannot be of slightest concernment but when we con-
sider how many Licentious, disaffected and evil disposed persons in
different parts of the Government for many months past at different
times Assembled themselves in great numbers Entered into Trater-
ous and dangerous Conspiracies, broke open the Public Prisons and
404 COLONIAL RECORDS.
set malefactors and others at large and by force unjustly restrained
others of their Liberty and that hitherto no Effectual methods have
been taken to suppress these Outrages — We think it a matter of the
greatest Importance that those Laws should be passed as speedily as
possible in Order that the Hands of Government may be strength-
ened and a check put to such disorders
We apprehend that by the Laws and Usage of the Parliament of
Great Britain the Commons are at Liberty to offer the Bills they pass
in what Order they think proper for the Royal Assent And that the
Particular Circumstances and Emergency of the times are the only
matters which Govern them therein
We have on all occasions manifested our Loyalty to his Majesty
and most ardent Zeal for His Service by readily granting every aid
of Men and Money you have required even to the Impoverishment
of our Constituents and we are still ready with our Lives and Prop-
erties to joyn in defence of his Majestys just rights and Possessions
and have now under Consideration a Bill for that Purpose but, as
not only that but every other Bill already passed and yet under the
contemplation of the Two Houses of Assembly have a most inti-
mate connection with and dependance on the Court Bills and in
many instances cannot operate unless those shall first pass into Laws
we thought it our Indispensable duty to give them the Precedency
to every other Bill.
When you Consider these Reasons we hope your Excellency will
Immediately give your Assent to the said Bills, And give us leave
to assure you that you will thereby render a most Essential and ac-
ceptable service to the Country as by that means protection and
security will be Afforded to the lives and properties of those we
represent.
Mr. Barker according to Order brought in a Bill for further con-
tinuing and amending an Act Entitled an Act for the Encourage-
ment of James Davis to set up and carry on his Business of a Printer
in this Province and for other Purposes which he read in his place
and delivered in at the Table where the same was again read by the
Clerk passed and Ordered to be sent to the Council.
Sent the same to the Council by Mr. Blount and Mr. Gibson.
Received from his Excellency the Governor a Letter to him di-
rected from the Lieutenant Governor of Virginia, with a verbal
Message by Mr. Powell recommending the same to the consideration
of the House. The same was read and on Motion Ordered it lye
for Consideration.
COLONIAL RECORDS. 405
The Order of the day being read
On Motion Ordered the Consideration of the Aid Bill be post-
poned till to-morrow.
Mr. Barker from the Committee of Privileges and Elections Re-
ported that the said Committee have had under their further Con-
sideration the Warrant for taking Reuben Searcy for Partiality and
misbehaviour at an Election in Granville County at which Election
he had been sworn as a Clerk to keep the Poll, And thereupon came
to the' following resolution — Resolved it is the Opinion of this Com-
mittee that the Sheriff by reason of vast crowd and concourse of
People In the said Court House at the said Election was obliged
to discontinue the taking the Polls of the Suffrages at the said
Elections and directed his Clerks to desist from any further pro-
ceedings thereon untill the same could be proceeded in with more
regularity — That accordingly the Sheriff and William Pearson and
Reuben Searcy who were appointed and sworn as Clerks for taking
the said Polls withdrew from the said Court House and the Polls
were Adjourned that the said Reuben Searcy without any Direction
of the said Sheriff did at the Instance of Sundry persons return into
the said Court House without the direction of the said Sheriff and
in his absence did Proceed in the continuation of taking the same
And that after he had taken down the names of all such as offered
themselves as suffrages did sum up the same and Publickly Pro-
claimed without any direction from the said Sheriff Samuel Benton
and Robert Harris as duly Elected and carried away the Polls so by
him taken but afterwards returned and upon several applications by
the Sheriff for the delivery of the same did make a surrender thereof
to him, tho' at first he denied doing it alledging he had a right to
detain the same as being a sworn Clerk, That before the Proclama-
tion aforesaid the Sheriff was Informed and Public Declaration made
that there was now room in the Court House for the Sheriff to pro-
ceed in his said Election but that the Sheriff paid no regard thereto.
Resolved, That it is the Opinion of this Committee that the said
Reuben Searcy by Proceeding in the Manner above recited Acted
inconsistent with his Duty.
To which resolves the House agreed.
On motion Resolved, That Mr. Robert Harris, Mr. James Blount
and Mr. Tyree Harris be added to the Committee of Propositions
and Grievances.
Then the House Adjourned till "Clock to morrow morning
406 COLONIAL RECORDS.
Tuesday the 20 th of May 1760 The House met according to Ad-
journment
The Writ for Electing a Member for Bertie County was returned
whereby it appears that William Gray was duly Elected a Member
for the said County to sit and vote in this Present Assembly
Mr. Swann Jun r moved that Mr. John Lowry (whose Indisposi-
tion renders him incapable to attend the House) have leave to ab-
sent himself from the service thereof
Ordered he have leave to absent himself accordingly
On motion the House took under Consideration the Report of the
Committee of Privileges and Elections regarding the misbehaviour
of Reuben Searcy at an Election of Members for Granville County,
And Resolved that the said Reuben Searcy be reprimanded by Mr.
Speaker
The said Reuben Searcy Appeared at the Barr of the House and
was Reprimanded by Mr. Speaker
Resolved the said Reuben Searcy be discharged paying Cost to be
settled by the Committee of Privileges and Elections
Received from the Committee the Bill for further continuing and
amending an Act Intitled an Act for the Encouragement of James
Davis to set up and carry on his business of a Printer Endorsed
May 1760 In the Upper House read the first time and passed.
On motion Ordered the Bill for further continuing and amend-
ing an Act Intitled an Act for the Encouragement of femes Davis
to set up and carry on his Business of a Printer &c. be read the
second time Read the same a second time Amended passed and
Ordered to be sent to the Council
Sent the same to the Council by Mr. Leech and Mr. Barrow.
Mr. Starkey Chairman of the Committee of Claims reported that
the said Committee had settled and allowed sundry Claims and laid
the report thereof before the House for Concurrence.
The said Report was read Approved of and agreed to by the
House
Resolved the said Report be sent to the Council for their Con-
currence
On motion Ordered the Bill for further Continuing and Amend-
ing an Act Intitled an Act for the Encouragement of James Davis
to set up and carry on his business of a Printer &c be read the third
time Read the same a third time passed and ordered to be sent to
the Council
Sent the same to the Council bv Mr. Jo 8 Jones and Mr. Saunderson
COLONIAL RECORDS. 407
Mr. Rob' Jones Jr laid before the House a Certificate from the
County Court of Northampton therein recommending John Worrel
son of John Worrel of the said County to be exempt from paying
Public Taxes &c
Ordered to be exempt accordingly
The Order of the Day being read on motion the Consideration of
the Aid Bill is Postponed till to morrow
Sent the reports of the Committee of Claims to the Council by
Mr. Waddell and Mr. Cary for Concurrence.
Then the House adjourned till 3 "Clock Afternoon
P. M. The House met according to adjournment
Then the House adjourned till 9 "Clock to morrow morning
Wednesday the 21 st of May 1760 The House met according to
Adjournment
The Order of the day being read On motion the consideration of
the Aid Bill is postpon'd till tomorrow.
Mr. IVPNeil moved for leave to absent himself from the Service of
the House
Ordered he have leave to Absent [himself] Accordingly
Then the House adjourned till 8 "Clock tomorrow morning.
Thursday the 22 d of May 1760 The House met according to Ad-
journment
Mr. Robinson moved for leave to absent himself from the Service
of the House
Ordered he have leave to absent himself accordingly
On motion Resolved That the Treasurer pay the Expences of the
Messenger (whilst in Town) which is sent to His Excellency with
Express from the Lieutenant Governor of Virginia to this Province
and to South Carolina out of the Tax for Contingencies and that he
be allowed the same on Passing his Accounts with the Public
Then the House adjourned till 3 "Clock Afternoon.
P. M. The House met according to adjournment.
Received from the Council the Bill to Confirm an Agreement made
by the Present Church Wardens and vestry of Edgcomb Parish in
the County of Halifax with the Rev d Mr. Thomas Burgess. Endorsed
12 th May 1760. In the Upper House read the third time and passed
Ordered to be engrossed.
408 COLONIAL RECORDS.
Received from his Excellency the Governor the following Message
in Writing by Mr. Powell A T iz'
Mr. Speaker and Gent 11 of the Assembly.
I have received your Replication to my Answer to your Address
Insisting under various suggestions upon my passing the Court Bills
immediately before you have prepared an Aid Bill to be passed
though it is of the utmost consequence to have passed an Aid Bill
Previous to all others as called by His Majestys Orders at this Im-
portant Crisis for that very Purpose and find now that being misled
by some of His Majestys Servants you are determined to Proceed on
no business untill you know the fate of those Bills
I must therefore inform you that those self interested Gentlemen
who have procured the repeal of the former Laws and have taken
upon them to Conduct those Bills and mislead the Assembly have
been the Cause that those Salutary Laws, as well as the Aid Bill
have not been already passed by Clogging those Bills with unneces-
sary Clauses, to diminish his Majestys Prerogative and lay me under
a Delema, to serve their own Secret Ends of betraying my trust and
disobeying His Majestys Orders and Instructions, If I should
comply with your request, or to raise a flame against my adminis-
tration in case I should refuse to pass these Bills, which one of those
Gentlemen hath so far as in his Power already raised Contrary to
his duty to the Crown, in Order to throw the blaime upon me and
excuse himself from having been the cause of Repealing the former
Bills by the Art full advice and Pretences he laid before his Majesty
and Council to repeal the former Bills which he would now re-enact
with restricting Clauses contrary to my Instructions from His Ma-
jesty so that the loss of the Superior Court Bill if not Passed must
be laid at his door.
You make use of the Licentious Behaviour of Great Numbers and
Traterous conspiracies, breaking open Prisons &c. to show the neces-
sity of Passing the Bills, Yet for so long a time as eight months no
complaint was ever made to me to have the Laws now in force put
in Execution by a Commission of Oyer and Terminer, in case such
facts are true which might for the Present have Answered the End,
And if not sufficient you ought to have formed Bills not lyable to
objections and ought in decency to have applyed to me to know
whether I could by my Orders and Instructions pass these Clauses
which might have been done early in the Sessions — And all the
Bills might have been long since passed
COLONIAL RECORDS. 409
But since nothing will satisfy you but knowing the fate of these
Bills, I must with great concern Inform you that I can't betray my
Trust to the Crown nor shall disobey his Majestys Orders and In-
structions so that nothing will induce me to pass the Superior Court
Bill but by making it Temporary until His Majesty's Pleasure be
known upon it, or by striking out the Exceptionable Clauses, so that
all the regard I can shew to your Application is, That after the Aid
Bill and other Bills are Passed, In case you give any Aid I shall
then put an End to* the Session, and Prorogue the Assembly for a
Day and you may then reconsider the Bill and Either expunge the
Exceptionable Clauses contrary to the Articles of Instructions which
I herewith lay before you or make it temporary for a year or Two
until his Majesty's Pleasure is known. Otherwise the Bill if I could
pass it as it is now framed may be again Repealed and the Province
be in the same scituation again as at Present
This Answer I send you with Great Regret in being brought under
so disagreeable a Delemma by cunning designing Persons who en-
deavour to bring this Province into confusion to Serve their own
Ends and shall heartily Concurr with you in every measure consis-
tent with my Duty to Promote the Peace Safety and happiness of this
Province. ARTHUR DOBBS.
On Motion the Consideration of the said Message be referred till
tomorrow
The Order of the day being Read,
On Motion resolved the Consideration of the Aid Bill be postponed
till tomorrow
Then the House adjourned till 9 "Clock tomorrow morning.
Fryday the 23 d of May 1760 The House met according to Ad-
journment
Mr. Barker moved the blouse resolve into a Committee of the
whole House to Consider the Distressed State of the Province and
also His Excellency the Governors Message to this house of Yesterday
Resolved — The House resolve into a Committee of the whole House
for the Purposes Aforesaid
Resolved that if any Member shall discover to any person or per-
sons, the words or the Purport of the words which any member may
make use of in any debates and Proceedings of the House — The
Member or Members making such discovery shall be Expelled the
House of Assembly as unworthy a seat therein.
410 COLONIAL RECORDS.
The House resolved into a Committee of the whole House to Con-
sider the distressed State of the Province and also his Excellencys
Message of Yesterday to this House And unanimously chose Mr.
Dewey Chairman who took the Chair Accordingly — The Committee
having taken under Consideration the said distressed State of the
Province and also His Excellencys Message of Yesterday came to
several Resolutions thereupon which Mr. Chairman was Directed to
report to the House — And then On Motion Mr. Speaker resumed the
Chair
Mr. Chairman Reported That the Committee had come to Several
Resolutions Which they had reduced to form and which he was ready
to lay before the House for Concurrence when the House will please
to receive the same — Resolved the House receive the said Reports —
Mr. Chairman Presented the said Reports to the House — And on
Motion Ordered the same be Read — The same are read and Con-
curred with by the House Nem : Con : And Ordered to be Entered
on the Journal thereof, and are as follows — to-wit
1. Resolved, That the large Sums which have been chearfully
Granted for his Majesty's Service amounting to upwards of seventy
four thousand pounds and Chiefly Intrusted to the Application of
His Excellency the Governor have been Injudiciously apply ed And
several military Commissions have been granted to Persons of little
Weight and Interest in the Province whereby the Service has been
delayed and the Aids granted have not had the good Effect Proposed
by the Assembly
2. Resolved That His Excellency without any Color of Law hav-
ing appointed his Nephew Mr. Spaight Pay Master of the forces
raised in this Province, by means whereof he hath drawn Commis-
sions on Several Aids Granted to his Majesty for raising and Paying
the said Forces, The same has been a Cause of rendering the said
Aids insufficient for the Intended Purposes and an obstruction to his
Majesty's Service
3. Resolved That His Excellency out of the Proportion of the
Money coming to this Province by the Grant made by his Majesty
and the Parliament of Great Britain towards reimbursing this and
the Neighbouring Provinces the Expences they have Incurred dur-
ing the Present Warr in Promoting the Common Cause having Pro-
cured a Payment of One Thousand pounds Sterling which has never
been Accounted for or any Intimation given to the Assembly that it
has been applyed for his Majesty's Service or the benefit of this
Country, or to whom the said Money was paid the same has a mani-
COLONIAL RECORDS. 411
fest tendency to frustrate the Gracious and Benevolent Intentions of
His Majesty and Parliament towards this Province
4. Resolved That altho the Governor has been frequently Ad-
dressed to Cause an Account of the Money's that have been paid to
his Orders, to be laid out before the Assembly the same has not been
done, And the Account he has sent to the House the Present Session
from Mr. Wallace, a Gentleman unknown to the Assembly and in
whom they never reposed any trust does not in any wise tend to
shew the Application of the Sums he has drawn out of the Treasury
5. Resolved That His Excellencys Practice in Disposing of Royal
Charters to several Counties to Impower them to send representa-
tives to the Assembly at a different but Exorbitant prices under the
Denomination of fees to the Governor and Secretary is Illegal and
Oppressive
6. Resolved, That the Granting Licences to Persons to Practice
the Law who are Ignorant even of the Rudiments of that Science
is a reproach to Government disgrace to the Profession and greatly
Injurious to Suitors.
7. Resolved, That the taking four Pistoles for the Governor and
his Secretarys fees on such Lycences is Expressly Contrary to an
Act of Assembly.
8. Resolved, That the Governor was Addressed by the Assembly
in June last to take necessary Measures to suppress the several Mobbs,
and Insurrections which for many months in Open Violation of all
Law have with Impunity Assembled in great Numbers in different
Counties Erected Sham Jurisdiction and restrained men of their
Liberty and Broke open Goals released Malefactors dug up the Dead
from the Graves and Committed other Acts of rapine and violence,
but no Effectual Steps - have been taken to check the Torrent of their
Licentious Extravagances notwithstanding their having since re-
peated those Outrages. On the contrary some of their Principal
Leaders and known Conductors have been preferred to the Magis-
tracy and honoured with Commissions in the Militia whilst on the
other hand Gent" of unexceptionable Characters and distinguished
worth who have filled those Offices with Credit, and whose conduct
in the discharge of their respective functions had been justly re-
warded by the approbation and applause of all who were AVitnesses of
their Public deportment have from Groundless Prejudice and unrea-
sonable Caprice without complaint or accusation against them been
abruptly displaced whereby Magistracy is fallen into Disgrace Courts
have lost their Influence and Government its Dignity and life Lib-
412 COLONIAL RECORDS.
erty and Property is rendered Precarious; And without a Speedy
Establishment of Courts of Justice on a respectable foundation and
appointment of Justices of the Principal Courts on such Terms as
Gentlemen of Suitable Abilities may accept such appointment with-
out apprehension of being displaced but for misconduct, The Gov-
ernment will be in no less Peril from the usurped Domination of its
Internal Enemies, than from the depredations of Savages on the
Frontier Settlements.
9. Resolved, That it appears to this Committee that many Irreg-
ularities and Palpable Frauds have happened in the Secretarys Of-
fice since the Appointment of Mr. Spaight to that Important Trust
a Flagrant Instance of which is an entry in the books of the said
Office regularly made and the accustomed fees paid thereon, being
by his express orders Transposed so as to give himself a preference
and right to the land so Entered.
10. Resolved, That the Books records and Papers of the Secreta-
rys Office being lately by the Governors Order removed to Cape
Fear near the Southern Extremity of this Province renders it Ex-
tremely expensive and difficult for the Generality of People to have
the Necessary recourse to that Office.
11. Resolved, That it appears to this Committee that the Secre-
tary, during the Time the Supreme Court Law was in force was a
Justice of the Supreme Court of the New Bern District and by his
own Authority without Legal Tryal by a Jury for a supposed Libel
Ordered one Thomas Core to be striped naked tyed and whip't which
was accordingly done with great inhumanity and in violation of the
Laws of this Province and Contrary to the Great Charter of Liber-
ties.
12. Resolved, That the Practice of the late Chief Justice Mr.
Hasell in taking and unjustly Exacting part of the Clerk's fees to
his own use was not only contrary to the Tenor of his Oath of Office
but occasioned such Clerks to Extort Money from the Suitors to
their Grevious Oppression.
13. Resolved, That it is the Opinion of this Committee that the
not granting a writ of Election for Tyrell an Ancient County till
After the Present Assembly had sat and passed several Bills and the
Granting another to Bertie County for fewer Members than they
have usually sent to represent them in Assembly is a manifest In-
fringement on the rights of the Subject and tends to Endanger the
Constitution.
COLONIAL RECORDS. 413
14. Resolved, That the diversity of the Form in the Writs of Elec-
tion Issued to different Counties, some of which direct the freeholders
and others the Inhabitants generally to chuse, by which last form
Servants and even Convicts may Elect, is repugnant to the Royal
Charter of King Charles the Second by which it is directed that
Laws shall be made by the Assent of the Freemen or their Dele-
gates.
15. Resolved, That an Humble Address to his Majesty be drawn
up to be transmitted to the Right Hon ble William Pitt Esq r his Maj-
estys Secretary of State to be laid before his Majesty Testifying the
duty and Loyalty of his faithfull and Loyal Subjects in this Prov-
ince and representing their Grievances and Praying Relief.
16. Resolved, That Mr. Anthony Bacon of London Merchant be
charged with the said Address to be delivered to Mr. Secretary Pitt
and that the Speaker cause the said Address with the Journals and
other Documents Necessary to be sent home to be transmitted as
soon as may be — And write a Letter to Mr. Bacon requesting him
to accept the Charge
17. Resolved That the Speaker Write Letters on the said occasion
to the Right Hon t,le the Earls Granville and Halifax and the Right
Hon ble William Pitt Esq r His Majestys Secretary of State, and send
with the said Letters Copies^of the Address
18. Resolved That the Bills which have passed Both Houses this
Session for Establishing Courts of Judicature are so constructed that
should persons of Competent Abilities and Qualifications be Ap-
pointed to discharge the Executive Powers of them they cannot fail
of rendering the Administration of Justice easy and Expeditious and
suppressing these dangerous Practices and Traterous designs which
(Altho' not attended to by the Administration) for many months
past have subverted all rule Order and Government and even render
life and Property Precarious.
19. Resolved, That the advice given to the Governor by Thomas
Child Esq r Attorney General to pass the said Bills immediately into
Laws has a manifest Tendency towards strengthening the hands of
Government adding dignity and power to the Courts of Law pro-
moting the Administration of Justice and rescuing this Province
from imminent danger of Anarchy and ruin.
20. Resolved that the Unanimous Thanks of the Assembly be
given to Mr. Attorney for having given the said Advice and that
Mr. Speaker in the Name of the House do present him with their
thanks accordingly
414 COLONIAL RECORDS.
Mr. Chairman also Reported that the Committee had prepared an
Address to his Majesty which he laid before the House and Read the
same in his place.
On Motion the House concurred thereto and Resolved the same
stand the Address of the House and be Entered on the Journal
thereof as follows (to wit)
To the Kings most Excellent Majesty
The Humble Address of the Assembly of North Carolina
Most Gracious Sovereign
We your Majesty's most dutiful] and Loyal Subjects the Members
of the Assembly of North Carolina beg leave to Otter to your Ma-
jesty our most sincere and hearty Congratulations upon the glorious
success of your Arms by sea and Land to render our dutifull Ac-
knowledgments and unfeigned thanks to your Majesty for the Paternal
care and vigilant Protection which has been Extended to your Infant
Colonies in America
No consideration most Gracious Sovereign less than the Prospect
of Total Ruin to your faithful Subjects from undue exertions of
Power and Internal Commotions in this distressed Province could
induce us, at so Important a Conjuncture to trouble your Royal Ear
with Complaints ; But when by Injudicious and partial appoint-
ments of Justices not qualified for such trust, and the abrupt remo-
val of Others whose Characters have been lyable to no objection
Magistracy has fallen into Contempt and Courts have lost their In-
fluence and Dignity ; When Mobbs and Insurrections are Permitted
to assemble in different parts of the Province Erecting Sham Juris-
dictions — Imprisoning your Majesty's Subjects — Breaking open
Goals and releasing Malefactors with Impunity ; when several of the
Malecontents in those Riotous and Treasonable Assemblies are
Honoured with Commissions from his Excellency as Justices and
Militia Officers; When persons have suffered Corporal Punishment
by the Arbitrary and Private orders of Justices still retained in
their Offices; When Moneys have been Exacted on the Subject for
the use of the Governor and Secretary, expressly against Law;
When the form of Writs of Election have been arbitrarily Altered
.and diversified to get particular men Chosen and defeat the choice
of others, some of them directing the freeholders, others the Inhabit-
ants Generally to chuse by which last form Servants and even Con-
victs might be admitted to Elect ; Whereas by the Royal Charter of
King Charles the Second Laws are directed to be made by the Assent
COLONIAL RECORDS. 415
of the freemen or of their Delegates ; When a Writ has been Issued
to one County for fewer Members than they have used and ought to
Send, and to another none at all till several Bills had passed in the
Present Session ; by which open Practices it remained no longer a
secret that the Governor Intended to modell the Assembly for his
own particular Purposes ; in like manner as he had before reformed
the Council by suspensions and new appointments; When being In-
sulted by Blood thirsty savages on our Exterior Settlements and in
no less danger of falling a Prey to our Internal Enemies; Whither
can we resort for succor but to your sacred Majesty, as the fountain
from whence Justice and Protection is derived to your most Distant
Subjects? The facts here Enumerated we beg your Majesty's Permis-
sion to say are far from being a com pleat Catalogue of the sufferings
of your faithful and dutiful Subjects in this Province who neverthe-
less have with the greatest chearfulness and alacrity embraced every
.opportunity of Testifying their Zeal and Loyalty to your Majesty as
well as exerted their utmost efforts in the maintenance of your indubi-
table rights never having neglected a simple [single] supply required
for your Majesty's Service, tho' it gives us the greatest Concern That
in the application of the several aids, which have been under the
Governors directions less regard has been had to the useful Purposes
Intended by the Assembly than to the enriching of his Particular
friends and Favourites Military Commissions having been Granted
to Several Persons of little or no weight in the Province which de-
layed the Raising recruits and retarded the Common Services Your
Majesty will Graciously permit us to add that it has been a misfor-
tune peculiar to this unhappy Province that by the Governors deci-
sive influence on the Council we have hitherto been prevented ap-
pointing an Agent to represent our dutiful affections to your Majesty
and solicit our Provincial Affairs at the Public Boards in England,
In the Session in May last provision was made for such an Appoint-
ment in a Bill for Granting an Aid to your Majesty in Consequence
of Mr. Secretary Pitts Letter at the time laid before the House this
Bill was Peremptorily rejected by the Council without even assign-
ing an}' reason for so extraordinary a Procedure. The Governor
thereupon Prorogued the House with a Speech in which he very
freely censured their Conduct for presuming to insert a Clause rela-
tive to such an Appointment in a Bill of Aid Altho' Bills of the
same Kind with Clauses as little analagous to the Aid had without
the least exception been before passed in his Administration ; But it
was notorious that the true reason of the Councils rejection of that
416 COLONIAL RECORDS.
Bill and of the Governors displeasure with the Assembly was be-
cause one Mr. Smith his own private Attorney in London had not
been proposed by the Assembly for that Appointment thus was the
Aid then Intended by your dutiful Subjects defeated by an abrupt
dismission of the Assembly — And your Majesty's Service particu-
larly recommended by your Secretary of State postponed, to gratify
Partial Views and Private Interest — Whilst the real motive was cov-
ered with feigned objections and subtil refinements never before
Offered to an Assembly of this province
Most Gracious Sovereign we defer mentioning many Abuses of
Power and Acts of Oppression other than these which constrained
by the necessity of the times and the desponding situation of the
Province, we have already related, nothing less than the prospect of
impending ruin and disolation would induce us at this time to
remonstrate against the Conduct of a Governor to the ease and Hap-
iness of whose administration we vainly Indeavour to contribute ; for
sometimas we have remained passive under the yoke of oppression
unwilling to interrupt the important avocations which necessarily
engage your Majesty s Attention but preceiving ourselves on the
brink of Anarchy and ruin — We therefore with all humility and
duty most Humbly supplicate your Majesty's justice and speedy
relief S. SWANN Speaker -
By Order W m Herritage Clk.
23 rd May 1760.
Resolved the following Message be sent to His Excellency the
Governor — Viz'
To His Excellency Arthur Dobbs Esq/ Gov r of North Car-
olina
Sir We have under our Consideration your Answer to our Mes-
sage relative to the Court Bill, In which give us leave to say that in
our apprehension what you have Offered carried rather the Air of a
Declaration against certain Gentlemen who for their well Intended
Services to the Public deserve the thanks of the Province than rea-
sons for not passing the Bill with respect to the Compliment you
have been pleased to bestow on this House by Insinuating that they
have been Misled in regard to that useful. Bill, we can only say we
are sorry you have suffered your ear to have been abused by some
ill designing person and that your assenting to such a Bill would
give universal satisfaction to the People, Prevent the like Mischiefs
COLONIAL RECORDS. 417
which have happened from the Incompetency of Justices under the
Supreme Court Laws of your Excellencys Appointment, The delays
which have been owing to advisaris in Causes plain and easy to be
understood by Lawyers And the Erroneous Judgments given by
those lay Judges abundantly show the necessity of the regulation
contended for by the Assembly Not to mention other Instances —
The Corporal Punishment Inflicted by Order of Mr. Spaight a Judge
of New Bern Supreme Court on an Innocent Person without Tryal
by Jury in Manifest violation of Law, and contrary to the Great
Charter of English Liberties is an argument unanswerable in favour
of such an Establishment, And the Pertinacious Adherence to the
Letter of an Instruction in a matter that could not have 
TVNews
OpenLibrary