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Full text of "The colonial records of North Carolina"

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UNIVERSITY 
OF PITTSBURGH 



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THE 



COLONIAL RECORDS 



NORTH CAROLINA, (Colo.^j 



PUKLIiSllEl) UNDKH THK SIPERVISION OF THE TKl'S- 

TEES OF THE ITBLIC LIBRARIES, BY ORDER 

OF THE (iFA'KRAI. AS8FMBLY. 



<(ii.r.i'X"n:t) anh kiiim;ii 

BV 

WILLIAM L. SArNHEKS 

SECRETARY ()F STATE 



VOL. VII-1765 TO 1768 



RALEIGH : 

JosEPHus Daxiei.!^. Prwter to the State. 
1S90. 



Day 



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 SEVENTH VOLUME. 



Governor Trvon's administration lasted from the death of Gov- 
ernor Dobbs, on the 28th of March, 1765, to the 30th of June, 1771, 
wlien he left North Carolina to take ui)on himself the government 
of New York, and its salient points were: 
I. The Stamp Act Trouble. 
II. The Palace and the debt it created. 

III. The Cherokee Boundary Line and the extravagant co.st of 
running it. 

IV. The Kegulation Troubles. 

I. Thk St.amp Act Troublk. — The Stamp Act excitement was 
well under way by the time Tryou assumed the reins of govern- 
ment, and the people were in such a rebellious temper that he felt 
constrained to prorogue the Legislature, after a brief session of some 
two weeks only. This was his first Legislature, and called imme- 
diately after he took charge of affairs. Tradition says it was pro- 
rogued in consequence of an interview with Mr. Speaker Ashe, of 
the Assembly, who, upon being asked by his Excellency what course 
the Assembly would take in regard to tiie Stamp Act, replied: "We 
will tight it to the death," and thereupon the Legislature was 
straightway sent home. 

The cause of the Stamp Act trouble was the recent assertion by 
the British Parliament of the right to tax the Province. The 
expenses of the war M'ith the French and Indians rendered neces- 
sary a great addition to the regular revenues of England. Consid- 
erable difficulty was.found in devising new subjects of taxation, and 
great opposition was made to ever}' new tax proposed. Thus embar- 
rassed, the attention of the British administration then in power 
was directed to America. The degree of authority that might be 
exercised by the mother country over lier Colonies had never been 



PIIKFATOJIY NOTES. 



accurately defined. In (Ireat Britain it lia<l always been a.sserted that 
Parliament possessed the power of binding them in all cases what- 
soever. In America, at different times and in different Colonies 
various opinions had been (Mitertained on the subject. In Noi'th 
Carolina, as we have seen, h<iwe\'ci-, there was Tiever but one opinion 
as to the right of Parliament to tax her peojile witiiout the consent 
of their own Asseml)ly. The result of it all was that in 17<)4 the 
British Parliament passeil a resohition importing tlial it would be 
proper to imj.Hjse certain stamp duties in the-( 'olonies for tin; pur- 
pose of raising a revenue payable into the British treasury. The 
resolution exciteil a general f<'rm«'nt in America. The right of 
Parliamimt to impose taxes on the < 'olonies became the subject of 
universal conversation, an<l was almost universally denied. Seeing 
the opposition to the vesolulinii, tlie administration intVn'med the 
agents of the Colonies in LimkIuh that if tliey would [iropose any 
other mode <if raising the sum i'e<iuired — that is to say, A"l(H>,(lOO 
sterling — their })roposition wouhl be accejited and the stamp duty 
laid aside, 'i'he agent.s. re])lied. in substance, that they had no 
authority to do anything in the premises save to oppose tlie F>il] for 
the stamp duty whenever brought before Parliament. The i.ssue 
was now .squarely made, the right f)f taxation being as peremjitorily 
denied by one party as it was as.serted l»y the other. The adminis- 
tration thereupon brought int<i Parliament the celebrated act for 
imposing Staniji Duties in America, and in Marcli, 1765. it passed 
both houses by very great m;ijoi'ities. 'ilie act was. in many ivspects, 
similar to our Amei'ican Internal llevenue Paw. 

In all of the ('(ilonies organizations known as •■The Sons of Lib- 
erty" Were entered into liy zealous ])ati-iots, and these organizations 
constituted the maehinery Ijy which information was sent from 
Colony to Colony, and by which the several ('olonies were kept 
abrea.st of each other in the great movement. TJiese associations, 
while they contributed much to increase the spirit of opposition to 
the Stamp Act, added also, as Judge Mar.sliall says, to the turbulence 
with which, in some places, it was attended. This, however, was 



I'KIOKATOUY N'O'I'KS. 



iiiiavuidtibK', lor it is .simply iiiiiiu.ssilik' to stimulate tin- people of a 
country to the vigorou,s and persevering o[i[)ositiuii necessary to 
accomplish success in redressing any great poi)ular grievance, or in 
resisting any great governmental ojiiiression, without such associa- 
tions. The use of the necessary remedial measures in .such emer- 
gencies is sure to be followed, if not accompanied, by tlieir abuse. 
In the resistance to the Stamp Act, according to Judge Marshall, 
many houses were destroyed, much jiroperty injured, and several 
persons, liighly respectable in character and station, grossly abused. 
So much for the Sons of Liberty and their tight again.st the 
Stamp Act. 

Of coui'se, as Sjieaker Ashe foretold and as our records sliow, tha 
Act was resisted "to the death" in North Carolina, and naturally 
enough, for tiie people had for years contended that tlie right of 
taxation could be lawfully exercised only by their own As.sembly. 
The right of tiieir Assembly to control, the purse of the Province, 
they as-serted, as we have seen, was an hereditary riglit, coming down 
to them from the charter of Charles, the exerci.se of which they had 
been born to from generation to generation. As early as 1716, when 
the Colony had been in existence barely fifty years, and the popula- 
tion, all told, j'oung and old, ineu and women, black and white, was 
only some 8,000: when the Neuse was the frontier and the Cape Fear 
a howling wilderness, they entered upon the Journal of their Assem- 
bly, in so many words, the formal declaration " that the impress- 
ing of the inhabitants or their property under pretence of its being 
for the pmblic .service without authority from the As.sembly, was 
unwarrantable and a great infringement upon the liberty of the 
subject." As late as 1760 the Assembly formally declared that it 
was the indubitable right of the Assembly to frame and model 
every bill whereby an aid was granted to the King, and that every 
attempt to dejirive them of the enjoyment thereof was an infringe- 
ment of the rights and privileges of the Assembly. And in 1764 
the A.ssend)ly entered on its Journal a perempt^iry order that the 



PREFATORY NOTES. 



Treasurer should not pay out any money by order of the Governor 
and Council without the concurrence of the Assembly. 

From such premises the events that followed were but a natural 
sequence. 

On the 19th October, 1765, near 500 people assembled in Wil- 
mington, near the court-house, and burnt Earl Bute in effigy, for 
the reason, as they said, that he had "several times expressed himself 
much in favor of the Stamp duty." After the effigy was consumed, 
the crowd went to every house in town and brought all the gentle- 
men to the bonfire, and insisted upon their drinking LIBERTY, 
PROPERTY and NO STAMP DUTY, and confusion to Lord 
Bute and all his adherents, giving three huzzas at the conclusion 
of each toast. 

On the 16th November, 1765, Dr. William Houston, the recently- 
a])pointed Stamp Master, who happened to be in town on that day-, 
was taken to the court-house in Wilmington and forced to resign 
his office, and to promise, in writing, " not to receive any stamped 
paper nor to officiate in any means as Stamp Master or distributor 
of the stamj)s within the province of North Carolina, directly or 
indirectly." 

On the same day Mr. Steuart, the "printer of the (inzettr, who 
had said he would not print the GnzcUe save on stamped paper, 
was required to {promise positively to continue his business as here- 
tofore. He did so, but under protest, however, saying " that 
rather than run the hazard of life, being maimed or have his print- 
ing office destroyed, he would comply with their request, but took 
the whole for witness that he was compelled thereto." The next 
issue of the Gazette had on the margin a ghastly representation 
of a skull and bones and just above it the words, " This is the place 
to affix the STAMP." 

On 18th November, 1765, near fifty of the niercliants and gentle- 
men of New PLmover and Brunswick dined by invitation witli 
Governor Tryon, who " urged to them the expedienc*^' of permitting 
the circulation of the stamps," or at least a partial one. The next 



PREFATORY NOTES. 



diiy tliey replied in writing, saying they thought it Wiit? tlie "securer 
conduct" to prevent to the utmost of tlieir power the operation of 
tlie Stamp Act in any of its features in {)art or in whole, and that 
while they desired, as far as possihle, to jirevent injury to any officer 
of the Crown, the ofKce of Distributor of Stamps was so detested by 
the people in general that they did nof think either the person or 
property of such an officer could liy any means be secured from the 
resentment of the country. 

On, or before, 14th January, 17(5G, two sloops, the Ihblm and the 
Patience, came up the river, one from Philadelphia and the other 
from St. Christophers; neither vessel had stamps on their clearance 
])apers, but, instead thereof, had statements from the jirojier ofiicers 
of the Customs of the i)orts from which they came, certifying that 
no stamps could be had tiiere. Captain Lobb, of the Vvpef, a sloop of 
war, thereupon seized the vessels. Another vessel, the RMhy, was 
also seized. Similar certificates for vessels clearing from the Cape 
Fear had been refused by Governor Tryon. This requirement to 
have stamps at Cape Fear, when none were required elsewhere, the 
merchants of Wilmington said was "a particular restriction" on 
tlieir port, and for that reason it excited their hot indignation so 
that they straightway made u]> their minds not to submit to it. 

Before thi.s, they had contented themselves with a general resist- 
ance to the Stamp Act, l;>y requiring the stamp master to foreswear 
his office. But when Tryon sought to impose particular re.striction.s 
upon the commerce of their river, restrictions not elsewhere imposed, 
they went into particular resistance to meet them, and very effectual 
it was, too. 

First of all, uj)on learning of the seizures made by the ]"q)er, the 
inhabitants of Wilmington entered into an agreement not to supply 
his majesty's ships with provisions until such seizures were stopped, 
and the boatmen sent by the Viper for supi)lies were put in jail. 
The agreement was carried out until, the I'/yxc being without 
rations, Captain Lobb came to terms with Colonels \\'addell and 
A.she on the 20th, and agreed to stop such seizures for tlio future. 



I'KEFATOK^' NOTES. 



Oil 1-Jtli of Febmary, ITOO, a letter appeared in the (lir.eitr of tliat 
date, dated on the 30th ul' January, at Cross Creek, urging the 
people by every eonsideration, in the name of "Liberty, dear Lib- 
erty," to rise in their might and ])Ut a stop to the seizures. The 
expressions contained in it weiv so iuHiinimatory tliat the Cioveruor 
informed tiie Council he felt tailed u]ion to suspend the publication 
,of the paper. 

On the I8th February, ITtili, an as.sociation was entered into " Ijy 
the principal gentlemen, freeholders -.duI inhabitants of several 
counties of the Province," as follows: 

" We, the subscribers, free and natural-born subjects of Ueorge the 
Third, true and lawful King ofXJreat Britain and all its dependencies 
(whom God ))reserve), whose «acreil person. Crown and dignity we 
are ready and \\-illing at the exi)ense of our lives and fortunes to 
defend, being fully ctmvinced of the o]ipressiv(.' and ai'l)itrary ten- 
dency of a late Act of Parliament imposing stamp duties on the 
inhabitants of this I'rovince and fundamentally .subversive of the 
liberties and charters of North .America: truly sensible of the ines- 
timable blessings of a free constitution gloriously handed down to us 
by our brave forefatliers; detesting rebellion, yet preferi'ing death to 
slavery, do, with all loyalty to our most gracious sovereign, with all 
deference to tlie just laws of our country, and with a proper and 
neces.sary regard to our.selves and posterity, hereby nuitually and 
solemnly plight our faith and honor that we will at any ris()ue 
whatever, and whenever called upon, unite and truly and faithfully 
assist each nther to the l)est of nur j)Ower in preventing entirely the 
o])eration of th<' Stamp Act." 

On 19th February, ITHd, the C'ollector's desk at Brunswick was 
broken oi)en and the clearance papers of the vessels that had been 
seized fi>r want of .stamps wt're forcilily taken from him. On the 
isame day some one hundred and hfty armed men went to the (iov- 
ernor's house in Brunswick to deman<l the [lerson of Captain Lobb, 
of the royal sloop IV/xc, who had made the seizure,-^: luil lie was not 



l'I(EFAT()R\' NOTES. 



there, so uu the next day in tlie nioriiiiig a committee of tliese 
"inhabitants in anns" went aboard of the Vipir and demanded of 
Captain Lobb possession of the sloops he had seized. In the eveninj;; 
Captain Lobb surrende7-ed the vessels, and agreed to make no further 
seizures. 

On the -J 1st February, 17i)ti. in Brunswick, Colonel Peiuiingtou, 
the Comptroller of the Province, was taken from the Governor's own 
house and from his very ])resence by the militia of the District, then 
and tliere surrounding liis liouse under arms to the laimber of 
some seven hundred, carried to the court-house and there compelled 
to do as Houston had done in Wilmington. A similar oath was 
required also of all the Clerks of tlie County Courts and other jiublic 
officials in the Province. 

There was neither concealment nor disguise about any of this, but 
everything was done openly and by men perfectly well known and 
under the very eye of the Governor. 

Nor were tlie people in other parts of the Province' less pro- 
nounced in their views than tliose of the Cape Fear. Martin says 
that public meetings were held in Edenton and Newbern, as well 
as in Wilmington, and resolutions passed expressing the abhorrence 
in which the iidiabitants held the Stamp Act, and that generally 
throughout the Province, at all their public meetings, the people 
gave expression to similar sentiments. The events of the Cape 
Fear, due in some degree to the j)resence of the Governor there, and 
occurring under his own eyes, were set out in detail in his dispatches 
to the home government, and have come down to us from that 
source in fuller description. At Newbern. Dr. William llouston, 
the Stam[i Agent, was burned in effigy during the sitting of the 
Superior Court. Dr. Houston, however, complained of this, as we 
learn from the North Carolina (lazrifr of that date, saying that he 
had been eondennied uidicard: thai lie had never solicited the 
office of Stamp Master, nor (hd lie know, at the time, that he had 
been appointed thereto — an a})))ointment, too, that, as he said, made 
liini oilious and abhorred. \[ Fayetteville, likewise, he was hung 



PHEFA^rORY NOTES. 



in effigy, iiluug witli ii man who had murdfrecl his wife; nor did 
they spare him even in Duplin, the county where he lived. 

Dr. Houston's assertion that ho was appointed Stamp Master witli- 
out any .solicitation on his part, and even without his knowledge, 
seems by no means improbable, when it is remembei'od that Frank- 
lin, and other Provincial Agents in London, had atone time so little 
hope of the repeal of the .Stamp Act that they recommtinded their 
friends for positions under it. 

After this the Governor made no effort to execute the Stamp Act, 
and everything went on in the Province as if it had never been 
passed. The i)orts remaiiied open and entries and clearances were 
made without stamped papers, just as they had always been, and 
the Governor sought, by every means in his i)ower, to conciliate the 
people, but it all availed )iothing. so far as the Stamp Act was con- 
cerned. 

in accordance with the policy of masterly inactivity he found it 
necessary to pursue, the Governor refrained from calling the Legis- 
lature together until the fall of 17(36, by whicii time he had received 
official information of the repeal of the obnoxious act. Tryon had 
two purposes in view in thus preventing a session of the Legislature: 

1. To prevent delegates from going to the Colonial Congress, held 
in New York in 1765, which he could readily do, as the delegates 
to that body were required to have credentials from tlie Assemblies 
of their respective Provinces. 

2. To preserve the peace at homo, 'i'he Province, lie said, was 
not in a temper to do business in a manner hkoiy eitiier to be agree- 
able to the King or beneficial to itself, and, as he had no power to 
quiet theii' tumults, he thought it most expedient not to intlanie 
tliem — a contingency he coulil not well avoid if the Assembly was 
allowed to meet. 

It will be seen from the foregoing that Tryon's purjiose, for .some 
time, was to enforce the Stamp Act in North Carolina, no matter 
how little it was regarded in the other Provinces, and, to this end, 
was ready to use cajolery or force, either or botli. as might be expe- 



PREFATORY NOTP^S. 



dient. Accordingly, we find him dining the Cape Fear gentlemen, 
and begging them to allow the act to go nito at least partial execu- 
tion. Failing in this, we find him in January,- 1766, resorting to 
force and seizing all vessels coming into the river. And again on 
,3d March, 1766, he was contemplating the use of Britisli troops to 
control the Province, as appears from his letter of that date. But 
force did no good, for Tryon was Ijeaten at his own game, and the 
Cape Fear once more opened to the world. 



After all that was said and done in the premises, however, the 
Stamp Act, had there been any authority for its enactment, would 
not have been unwise in principle, as it would have operated with 
sometliing like equality upon all sections of the Province and upon 
all classes of the community. The more opulent, that is to say, the 
maritime districts, would have yielded much the larger proportion 
of revenue, while the poorer or the interior and frontier districts 
would have been touched M'ith a lighter hand. 

The provincial or poll-tax system of taxation was both unwise and 
oppressive to an extent now little appreciated. To-day public 
revenues are raised largely from property; indeed, the tendency 
now seems, in matters of taxation, to favor the poll, which, of course, 
must be done at the expense of property. Then, however, with the 
exception of a small revenue derived from imported liquors, the 
expenses of the government were provided for by a poll-tax. Every 
species of property, save that in slaves, was entirely exempt from 
taxation, and even the tax on slaves was a poll-tax, and not od 
valoir)ii. The result of it all was that the burden of taxation fell 
very heavily upon poor men and men in moderate circumstances, 
and very lightly upon men of wealth ; in other words, very heavily 
'upon the people of the interior and frontier counties, and very lightly 
upon these of the maritime counties. Indeed, no system of taxation 
more favorable to the wealthy sections, or more favoral)le to wealthy 
citizens of any section, could well have been devised. 

But whether wi.se or unwi.se, whether equal or unequal in its 



PREFATORY NOTES. 



(ipfratioii. the British governiiu-nt liad no riglit to pass the >Stamp 
Aft, and so the jieuple of the interior and frontier counties opposed 
it with a unanimity quite as great and a determination quite as fixed as 
llieir brethren of tlie East displayed. Indeed, Chief Justice Ilasell 
on his return from riding his circuit, assured the Governor that 
among all the inhabitants of the back coimties he found not one 
advocate for the Stamp duty — a unanimity of sentiment more 
remarkable, perhaps, because there was no particular restriction on 
the trade and commerce of the peoj)le there to move them to special 
anger and jiarticular resistance, as there was on the Cape Fear. 

II. THii J'ai.acic. — The erection of a palace, admitted to be the 
iiandsoniest building then in all America, in a Province straitened 
in its finances, limited in its resources and sparsely settled as North 
<.'arolina was at the time, was simply cruel and heartless extravagance. 
Its cost was £15,000, and in this connection it must be rem&mbered • 
that the only tax then levied was a poll-tax, and that there were in 
all the Province only 51,044 taxables, the poorest of whom i)aid 
j>recisely tlie same amount that the richest ])aid, except, of course, 
the owneis of slaves, -who, necessarily, i)aid the taxes for their 
negroes. But neitlier lands nor personal property paid any tax. 
The hardship, then, of impo.siug this burden of £15,000 debt for the 
])alace, especially upon the poor people of the interior and frontier 
counties, can be seen at a glance. 

The Palace was begun in 1767, the first brick being laid on 20th 
August, 17B7, and hnislied in 1770, and was liurned on the night of 
the 27th of February, 1798. Its erection had much to do with the 
odium that attached to Tryon and Ijis administration in all parts of 
the Province beyond tlie reach of his jiatronage and t>ther Idandisli- 
nients. 

III. The Chkkdkkk Bui nd.vkv Lisk. — The necessity for a well- 
known, well-marked dividing line between the Indians and the 
whites had long been felt. The nece.ssity, however, for the Gov- 
ernor to superintend the running of such a line in person was not 



I'KEFATORY NOTES, 



so ;i)>{ian-ii(, nor wns tlio ncci'st^ity tor him to iiiiii'cli to \]\v. line with 
a large military escort, as if going tlioiigh a hostile country, ohvious 
to ail already tax-liurdened people who must toot the bills. The 
escort consi.stcd ot two detach meiit.s — one from the Rowan and one 
from the Mecklenburg Regiment of Militia, numbering .-Jomi' 70 
men in ail, incluiling eomijany otheers. i.ieutenant-Colonei .lolm 
Frohoek commanded the detachment from Rowan, and Li(Mittiiant- 
Colouel Moses Alexander that from Mecklenburg. (Vilonei Ilngii 
Waddell was Colonel <'ommandant of the whole escort. F.dniund 
Fanning, with rank of (;<plonel, was .\djutant-(ieiierai, and Isaac 
Edwards Aiil-di-Camp. William I'^rohock was Commissary, and 
John Wills was t iiaphiin. Tlie whi)le retinue, including servants. 
numbered near 100 nittn. and daily orders were issued by his Exr.el- 
lency to the troo]>s. and ihc tnidps kept a regular jouriuil of cvciy 
day's march they niadi'. ( 'ourts-martial were ])rovided iVii': i-acli 
camp had its name, and each day itsfornial countersign and parole; in 
a word, all the paraphernalia ul war, su ridiculous in time of peace, 
were duly |)rovidrd. The appointment of Fanning as .\djutanl- 
Cieneral with the lank <if ('nloncl iluubtless gave rise to the I'unior 
current in the cnnntfy that he had been paid 1:1, OOo fur going nii 
the expedition. 

Without sufiicii-nt mri'i lu-y tn meet existing taxi.'s. with additional 
taxes in view for the I'alace in the East and IVu' the Boundary T.ine 
in the West, and witli otticial extortion from east to west, the out- 
look in 1707 was by no means 4Mic(>ura.giiig. Extravaganc<' was the 
order of the day — a faet that the unnecessary ])arade and expendi- 
ture attending the running of the Boundary Line, taken in connec- 
tion with the building of the Palace, did much to emphasize, 
sliowing, as it did so plainly tu tlie pixiple, how quick (iovernnr 
Tryon was to spend their nmney to griitify his vanity and love uf 
<lisplay. And, after ail, th<' line was run after Tryon and his 
Colonels, and his Lieutenant-Colonels, and his Adjutant-Ceneral. 
his Commis.sary and his ( 'haplaiu, and his escort generally, had 
left the ground and returned to their res]iective homes. The dance 



PREFATORY NOTES. 



was, indeed, a brave one, but it was not tliose who danced tliat paid 
the piper. 

IV. The Wak of thk Rkgulation. — We come now to consider 
a period in our history about which neitlier our own j)eople nor 
those outside of the State have always agreed. For half a century, 
indeed, the verdict was unfavorable, but since then o{)inion has 
undergone a marked change, as light was turned on that much-mis- 
understood and much-misrepresented trouble, so that now it may be 
said that history has fairly I'ighted itself, and that Haywood, Caru- 
thers, Shocco Jones, Swain and Wiley were enabled to undo the 
cruel wrong that Martin and Williamson and the generation that 
preceded them did to that Ibng-sufFering, patriotic body of North 
Carolinians known as the Regulators. Mr. Bancroft, too (long may 
he live), the great American historian, is their able defender and 
enthusiastic eulogist, and has written them down upon imperishable 
record as the earliest and most devoted of American Revolutionary 
patriots, rather than ignorant, lawless men of low degree, opposed 
to all government and the paj'ment of all taxes; and, witli a know- 
ledge of the records now accessible, there seems to be little danger 
they will lose the place in history tlius assigned them, for to those 
records they may safely appeal for the justice so long denied them. 
Time heals manj' wounds and rights many wrongs. 



The causes that led to the War of the Regulation may be shortly 
summed up under three heads: 1st. Unlawful exaction of fees by 
Clerks and County Registers of Deeds; "Id. Unlawful exaction of 
taxes under color of legislative authority; od. And indirectly, the 
unduly unequal distribution of the benefits and burdens of the 
Provincial Government. 

To the payment of taxes lawfully collected and honestly applied, 
or to the payment of lawful fees, it cannot be shown they ever 
objected. On the contrary, they asserted from the outset that it was 
the duty of every honest man "to give part of his substance to sup- 
port rulers and laws." 



PREFATORY NOTES. 



1. Extortion of County Officialx. — The proof on tliis charge is 
plenary. Governor Tryon, in a dispatch to the home government, 
dated 24th of December, 1768, said it was not to be denied that the 
people of Orange had a color for showing their di.s.?atisfaction at the 
conduct of their public officials, as both the Register and Clerk of 
the County had been found guilty of taking " too high fees " at the 
preceding Court. Colonel Fanning, a leading lawyer, a Yale gradu- 
ate, a member of the Assembly, was also Register of Deeds for the 
county of Orange, and the outcry against him became so great 
because of his extortions that he was prosecuted therefor by order of 
Governor Tryon. At the trial at September Term of Hillsboro 
Superior Court, in 1768, he was duly convicted and according to 
popular tradition was fined a penny and costs. The records, how- 
ever, do not show that he was ever subjected to any sentence what- 
ever by the Court, but, on the contrary, they seem to show that an 
advisari was taken from time to time so as to give Fanning oppor- 
tunity to get opinions from London lawyers declaring that, though 
technically guilty of extortion in that he had taken greater fees than 
the law allowed, there was no cnminaliter in the act, as he had taken 
only such fees as the Inferior Court had told him he was entitled to 
take. This was certainly the state of the case as late as 1770. The 
battle of Alamance doubtless terminated the culvisari and fixed the 
mind of the Court.* Now when it is remembered that this Inferior 
Court was presided over by ordinary magistrates, utterly unlearned 
in the law, and that Fanning was an educated man and a leading 
hiwyer among educated lawyers, a Yale graduate and an LL. D. of 
•that institution, of King's College and of Dartmouth University in 
America, and of Oxfoi'd in England, the absurdity of the pre- 
tence that his taking excessive fees, as a matter of fact, lacked 
the criminalifer element, is at once apparent; and it is apparent, 

*Indeed, in time, the Regulators when threatening redress by the courts, 
were met with the mocking taunt that the Battle of Alamance was a Court of 
Record that had already determined all such matters. 



PREFA'l'OHY N(,)'l]:s, 



al.su, tliat his consulting uu uiileai'uetl ruurt iji tiit- piciiiises 
was a inei'e trick that his la\vyei''s learning suggestcfl to liim in 
advance might be exjierlient in time of futufe (rial. Able firac- 
titioners, learned in the law, especially those hoiiuied with tlie 
degree of LL. D. from the oldest and greatest institutions in the 
world, have never been in the habit of going in good faith to 
unlearned laymen, especially when made magistrates th rough their 
influence, to con.strue statutes for them, and the men who constitute<l 
the Inferior Court of Orange were certainly laymen unlearned in 
the law. 

And as it was with the Register of Dei'ds .so it was with the ( lerk of 
the Court and the Slit-i-itl' aii<l liis ile[)Uties, and as it was in ( )range 
So i1 was in .Vnson, Ifowan ami M(>eklcnburg. 

.U the .<anie term of the ( 'ourt at which Kaiiuing was thus dealt 
with for extortion, three i-Jegulators were tried for taking pait in 
the re.scue of a mare that had been levied upon by tlie Sheritl' in 
payment for taxes unlawfully exacted. Convicted by a packed jury, 
tlie Court took no "(//•/.>«//■/ in their cases. Init proceeded at oijc-e to 
inflict upon them heavy tines and .seve)-e impri.sonment. 

'I'he contrast in the action of the <,'ourt in the two classes of cases 
had, as it were, under the very eye of the (xovernor, who was |)er- 
sonally present at Hillsboro at the time, was, to say llu' lea.st, very 
striking. 

And thus was the solemn appeal of the Regulators tci the ('ourts 
of the Trovince made a delusion and a mockery. 

■_'. I'lihurfol 'Di.rnfi,,!! I 'i,<l,r (',,!,. r ,,/ !.,,,;,</, itlrr . | „//„„vV.(/.— The 
proof undei' this head, though lull and entirely convincing, can be 
stated in a very brief compass. It will be remembered that, from 
the time each i.ssue of government notes that eonstitute<l the jtublic 
debt of the Province had been made, ;i tax had been amuially 
levied and collected as a sinking fund Ibi- its payment. These taxes 
were j)t)ll-taxes, ami. as the total of the debt \\"as well known, and 



PREFATORY NOTES. 



tlie luunbcr of taxable polls known with reasonable certainty, as 
well as the tax per poll, it was easy to form some idea wlien the 
debt ouglit to have been paid off. When the Regulators began their 
movement under that name, the calculation was that from £2o,000 
to £30,000 had been collected from the people more than enough to 
pay oif the jiublic debt, though the tax still continued, and without 
any prospect of its coming to an end. Tryon himself said that, 
from various causes, partly from the embezzlement of Sheriffs, not 
more than one-third of the tax levied was paid to the Public Treas- 
urers. The fraud became so patent that the Assembly, on 5th 
December, 1768, formally declared that the taxes for .sinking the 
£•12,000 granted in 1760, and the £20,000 granted in 1761, had had 
their effect and ouglit not henceforth to be collected — and this in 
spite of Fanning's reY)ort that they ought to be collected for the next 
year. Governor Tryon, however, refused to gi\e his assent thereto 
and the Sheriffs continued their collections. Not content with this, 
the Legislature appointed Mr. John Burgwin, Clerk of the Upper 
House and a thorough accountant, to examine into the matter 
and report the facts. His report, a copy of which we have, shows 
that, in the year 1 770, there was at least one defaulting Sherifl" in 
every county in the Province; that in most counties there was more 
than'one; that the defalcations had been occurring for many years, 
and that tiie total indebtedness of the various Sheriffs in the 
several counties was £<)4,013 13 3. Subsecpient to this report, but 
subsequent also to the battle of Alamance, the Assembly (the same 
Assembly that pas.sed the bloody -Johnston Bill) forbade the Sheritfs 
anj' longer to collect the taxes in question. But that by no means 
brought back to life the men killed on the banks of the Great 
Alamance. 

3. The Uiicqiiiil Distri.hiifioii of thr Bcncjif'^ cnul Bnfdoii< of thr 
I'roviiicial (jorenvncnf. — 1. All the revenue of the Province, as 
we have seen, save a small import duty on liquors, was received 
from a poll-tax. This tax was unjust and oppressive to the poorer 



PREFATORY NOTES. 



classes, and of such the inhabitants of the back counties mainly 
consisted. 

2. The mode of taxation was a grievance bad enough in itself, 
but another grievance, that is to say, the lack of currency and its 
unequal distribution, made it teii-fold more oppressive. 

To understand the situation in this i-egard, however, a reference 
to the condition and legislation of the Province is necessary. 

At a very early period, as we have seen, in the ruder stages of our 
back-woods civilization, owing to the want of a circulating medium 
for trade and other purposes, certain commodities — products of the 
soil — were, by statute, made a legal tender, receivable for quit-rents 
and taxes, as well as for private does. In the matter of quit-rents, 
it will be remembered that Governor .Johnston had a fierce and 
jjrolonged struggle with the people of the East before any agree- 
ment was reached as to the commodities or the rates at which they 
were to be received. Later on, however, especially by the statutes 
of 1754 and 1764, a limitation was put upon tlie legal tender 
quality of commodities by wliicli it was restricted to such as had 
been prepared for shipment as required by the statvites, had been 
carried to a warehouse established by statute, and had been duly 
inspected and branded by an inspector appointed and sworn for the 
purpose. When deposited in the warehouse, either for shipmervt or 
safe-keeping, the inspector was required, if desired, to issue notes 
to the depositor, according to the value of the commodity, at rates 
fixed by the statute, which were made transferable by mere manual 
delivery, and were a legal tender for public taxes, as well as private 
dues, with some restrictions as to time. What an ease this must 
have been to trade, as well as to tax-paying, can readily be seen. 
But without a warehouse there was no inspector, and without any 
inspectors there were no inspectors' notes and no legal tender quality 
in the commodities, and the original purpose of the warehou.se and 
inspection system ])eing to prevent the shipment of produce in 
unmerchantable shape, all warehouses were situated at or near land- 
ings on navigable streams. In the frontier counties there wei'e no 



PREFATORY NOTES. 



navigable streams, and consequently no warehouses, and so the 
people there were deprived of the happy incident of the sj'stem 
that took shape in inspectors' notes — an incident that in time became 
quite as important as the principal, in that it not only provided a 
ready market for produce, as it were, but provided a currency that 
was greatly needed. Bearing these things in mind, the prayer of 
the people of the frontier counties to the Legislature in 1769 for an 
extension to them of the warehouse and inspection sj'stem, and of 
the legal-tender quality to .suitable commodities throughout the 
entire Province, was both reasonable and intelligible. 

As early as 2d February, Governor Tryon called the special atten- 
tion of the home government to " the distresses the public in gen- 
eral, and many families in particular," suffered by the collection of 
taxes where distress was made, by reason of the scarcity of currency. 
The property put up for sale would not always, he said, bring 
enough to satisfy the Sheriff, owing to the scarcity of money in the 
country, yet the owner of the property could, by the sale, "be greatly 
distressed, if not ruined.'" 

So great was the scarcity of money, that to wagon forty bushels of 
Chatham County wheat to Fayetteville, the best market of that day, 
and sell it for forty shillings, or five dollars in cash, was thought to 
be ."doing a first-rate business." That it would have brought much 
less at home or in Orange is a matter of course, whether sold in the 
ordinary course of trade in open market, or by the Sheriff under 
execution. AVhat an opening for gainful oppression this state of 
things gave creditors in general, and county officials in particular, 
may easily be seen — a regular harvest-time for court-house rings 
and court-house cliques. 

But it was not the lack of currency alone that made the extortions 
of county officials bear, hardly upon the frontier counties. The 
grievance was still further heightened, in communities where almost 
all debts were small, by the mode of collecting them. Under the law, ' 
at that time, all sums over forty shillings were sued for and recovered 
in Courts of Record, therebv creating an immense business for 



PREFATORY NOTES. 



tliose Courts, with Clerks' fees and other costs to correspond, so that 
the extortions of county officials, to use the language of Judge Hay- 
wood, "fell with intolerable weight upon the people." 

But the benefits of the Provincial Government were unequally 
distributed, as well as its burdens, and the East was still the favored 
section. Every member of the Council or Upper House of the Legis- 
lature, without a single exception, was from the East, while to the 
Assemby five Eastern counties sent five members each, other coun- 
ties in the Province sending only two. The Public Treasurers were 
from the East, and so were the -Judges, unless Henderson be consid- 
ered an exception, and the Attorney General ; and generally, all the 
patronage of the Government went to the East. 

And so too, in the matter of the expenditure of the public reve- 
nues, as in their collection, the East was still the favored section. 
The seat of Government, always in the East, was finally fixed per- 
manently at Newbern, and the famous Palace there built. Fort 
Johnston, on tlie Cape Fear, was also a continuous drain on the 
public treasury, as for a time also was Fort Granville at Ocacock. 

In a word, the Government was essentially in the interest and for 
the benefit of the East to such an extent, as has been well said, that 
nothing more was left for the East to ask or desire. This condition 
of affairs, however, did not tend to beget much affection in the hearts 
of the people in the back counties, new comers as they were into 
the Province, for tlie Provincial (Tovernment. 



The first recorded mutterings of the troubles that grew into the 
War of the Regulation were heard in Granville County, and were 
contained in the Nutbush paper of the 6th of June, 1765. The 
next were heard in Orange, and are to be found in the papers of the 
summer and fall of 1760. Tryon, indeed, says the 'troubles "began 
in Anson and spread to Orange;" but in this he evidently referred 
to events occurring in 1768. 

The men at the back of these papers gave themselves no special 
name, but met simply as inhabitants of the county. To outsiders 



PREFATORY NOTES. 



they were known as " the mob." Their purpose was by means of 
appeals to the county officers and members of the Assembly, first to 
ascertain the law and the facts and then to get redress, if any they 
were entitled to, and upon this basis matters .stood until March, 1768. 
Up to that time no violence was contemplated and none committed. 

Unfortunately, these peaceful efforts came to nothing, failed most 
ignominiously, it might be .said, though meanwhile the county 
officials continued their exaction of unlawful fees, and the Sheriffs 
continued to collect taxes to pay a debt, for the payment of whicli 
more than the amount due had already been collected. 

In March, 1768, hopeless of results from mild measures, an organi- 
zation of a more pronounced character was formed, its members 
being known to themselves, as well as to outsiders, as Regulators, at 
which time, it may be said, the era of force and violence began.* 
While still preferring and adhering to the peaceful procedure bj' 
appeals, etc., their agreement as Regulators was to pay no taxes save 
those they were satisfied were agreeable to law and applied to the 
purposes intended by law, and to pay no fees not allowed by law, 
and the Sheriffs were informed that any man who attempted to 
collect fees and taxes, save as above specified, would do so at the 
. risk of his life. 

In spite of all warnings, however, the sheriffs seized a mare, 
saddle and bridle for taxes, and carried them to Hillsboro, where- 
upon some sixty or seventy Regulators repaired at once to Hills- 
boro, fired into Colonel Fanning's house, and rescued the mare. For 
participating in this rescue, two men were arrested on the night of 

♦The "borrowed name" of Regulatorf, to use Tryon's sneeriog words, doubtless 
came from the South Carolina people ' ' of that ilk." They, however, had a better 
fate than their North Carolina brethren, for the government of that Province 
listened to their complaints, redressed their grievances, and all was well with 
both government and Regulators. The name of the Sons of Liberty was also 
borrowed. Colonel Barre having, in a speech in the British Parliament, referred 
to the Americans who were opposing the Stamp Act as "sons of liberty," they 
straightway adopted it, and under that name pioceeded to organize themselves 
into associations throughout the Colonies that became, in time, the active 
machinery for opposing British oppression. 



PREFATORY NOTES. 



30th April, and the next day carried to Hillsboro. By the morn- 
ing of the 3d of May some 700 and more armed Regulators were in 
the town to compel the release of the prisoners. But by this time, 
however, the prisoners had been released on bail, and the Governor's 
secretary, who had brought the proclamation of the 1st of May, 
went to the Regulators' camp and read it to them, delivering, at the 
same time, a verbal message from the Governor to the effect that he 
would protect them against the extortions of any officer in the 
county, provided they would disperse and go home, which they pro- 
ceeded at once to do, saying that all they wished was liberty to make 
their grievances known. The Governor, howevei', afterward, on the 
21st June, repudiated this message, saying that the extent of what 
he authorized his secretary, Mr. Edwards, to declare on his behalf, 
was that the Regulators should desist from any further meetings, 
should allow the Sheriff and other officers to execute their duties 
without molestation, etc., and that only by a strict adherence to 
those directions could executive clemency be looked for. And thus- 
was added another ignominious failure to accomplish redress by 
peaceful measures. 

About the l.st of July, 1768, Try on went to Hillsboro, and , apparently 
bent on bringing matters to a violent issue, on the 1st of August 
sent the Sheriff out to collect faxes for the year 1767. No taxes 
being collected, the Governor, on the 13th of August, wrote the 
Regulators a letter, saying the prospect was so alarming that he 
peremptorily required at least twelve of their leading men of the 
first property to meet him at Salisbury on the 2.jth, and execute a 
bond for £1,000 that no rescue of Husbands and Butler (the persons 
arrested on the night of 30th April) should be attempted. His 
purpose in going to Rowan was to enlist troops, he said, for the pro- 
tection of the Hillsboro Court, to be held in September, and, armed 
with the letter of the Presbyterian pastors, he seems to have had no 
difficulty in getting as many men as he wished. With the.se troops 
he marched into Hillsboro on Monday, the 19th of September, 1768, 
and there encamped until the 2d of October following. There were 



PREFATORY NOTES. 



present also detachments from two other regiments, one from Orange 
and one from Granville. This military display saddled an additional 
debt of £20,000 on the Province. How little real necessity Tryon 
thought there was for it all, appears from his dispatches. On the 
16th of June, 1768, he wrote to Earl Hillsborough that the troubles 
had subsided for the present, the Regulators intending to proceed by 
petition to him; that no mischief had hitherto been done, and that 
the taxes could be collected without any obstruction, if only the 
prayer of the Colonj' for currency should be granted. 

In view of these warlike preparations of the Governor, it was agreed 
among the Regulators that Butler and Husbands should not apjjear 
at Court, lest they be arbitrarily dealt with, but tliat all others 
should be free to go to Court, well armed or not as they pleased, but 
that they should not use the arms or be guilty of any violence unless 
first attacked, and that if they could not offer terms acceptable to 
the Governor, "to return home and leave him to fight the air." 

On the first day of the Hilisboro Court, 22d September 1768, 
some 3,700 Regulators encamped about half a mile from the town, 
and sent to Tryon, saying they desired to lay aside all methods of 
redress for their grievances save by a due course of law, and that if 
the Governor would issue an amnesty proclamation for all past 
off'ences, they would, for the future, confide in his favor and assist- 
ance to execute the laws against exactions and extortions. Tryon 
not acceding to this, the Regulators quietly dispersed and went 
home, leaving the Governor, as they said they would do, " to fight 
the air." They did not abandon their peaceful purposes, however, 
for on the 29th October the Sheriff wrote to the Governor that he 
had just made a tour through the county; that the people submit- 
ted to the collection of taxes, and were ready to comply with and be 
obedient to the laws. And thus the battle of Alamance was post- 
poned for near three years, an exhibition of perhaps more than the 
usual patience of the average North Carolinian under such circum- 
stances: but then it must be remembered that the great body of the 
Regulators M'ere comparatively new-comers in the Province. 



PREFATORY NOTES. 



Nor did matters proceed to extremities during the balance of the 
year 1768, nor during the year 1769, with one exception, for the 
Governor having dissolved the Legislature of 1768, there was hope 
of better things from one fresh from the people ; and sure enough, after 
the election, it was found that some forty-five new members, the 
whole number being eightj'^, had been returned to the Assembly. The 
abru[)t termination of that body, however, by Tryon, because of 
certain obnoxious resolutions in regard to the power of the British 
Parliament to tax the Provinces, brought the session to such an 
early close as to blast all hopes of remedial legislation. 

The exception referred to was a severe whip])ing given to the 
Sheriff of Orange, who had attempted to levy an execution. This, 
however, as Governor Tryon expressly says in his dispatch to the 
liome government, was the act of individual Regulators rather than 
of their organization, and was almost universally condemned by 
them. Nor was there serious trouble during the first part of the 
year 1770. But peace was not to prevail, except as the price of 
abject submission to Fanning and Tryon. So, in July of that 
year, as if to add insult to injury, Tryon forced Fanning, the con- 
victed extortioner, upon the county as a member of the Assembly, 
in spite of the fact that he had become so odious to tlie county tliat 
the people would no longer send him to the Assembly. This he did 
by erecting the little hamlet of Hillsboro into a borough by special 
charter, with authority to send a member to the Assembly. Possibly, 
however, that was natural enough, for Fanning was Trj'on's right- 
hand man, was the introducer and father of the bill to build the Palace, 
and was also the chief executive officer of his escort on the noto- 
riously extravagant expedition to the Cherokee boundary line; and 
this, too, was done, so far as appears, without any evidence that 
Hillsboro had tlie numberof families required by law for that purpose. 

After these various failures to obtain redress by peaceable meas- 
ures, extreme measures, as miglit have been expected, were again 
re-sorted to, and the last half of the year 1770 — that is to say, after 
the indignity })ut upon them by forcing Fanning upon the county 



PREFATORY NOTES. 



as a representative from the so-called "borough" of Hillsboro, the 
man so cordially hated Ijy it — witnessed more scenes of violenc« 
than had occurred in all the preceding years. The Sheriff of the 
county was severely beaten, Colonel Fanning's house was torn down, 
the court-house seized in open Court, its proceedings interrupted and 
its attorneys beaten. Fanning among the number, after being 
dragged from the building by the heels. Judge Henderson was, 
indeed, allowed to remain upon the bench, but only upon the sup- 
posed understanding that he would tr}' the case? in which the 
Regulators were interested, and which had hitherto hung fire, an 
understanding, however, as the Judge frankly admits in his letter 
to the Governor, that he had no intention whatever of carrying 
out, and, accordingly, that night he left town by a "back way." On 
the next day the Regulators again took }>ossession of the court-house, 
the Judge having abandoned it, put one of their own men on the 
bench and held a mock court, called the docket and made various 
entries expressive of their sentiments in the premises, some of them 
by no means guarded in language. These entries, as originally made, 
are to be seen in the Court records in Hillsboro to-day. At the 
March term of the Court in 1771 the Regulators again appeared, but 
so did not tlie Judges, M'ho said they dared not appear. 



Meanwhile Tryon wtis maturing his plans for the Alamance cam- 
paign. Its outlines began to develop as early as March, 1770. On 
the 13th of that month Judge Moore, writing from Salisbury to Trj^on, 
advised him that, as civil process could not be executed in that dis- 
trict, appeal must be had to the other arm of the Government. 
This was followed by a meeting of the Council on the 9th of April, 
in which it was advised that the Legislatui'e be called as soon as 
possible, as nothing could be done without that body ; that meanwhile 
the Sheriffs be notified by iiroclamation to appear before the Legisla- 
ture and recite their grievances. The April meeting of the Council 
was followed by another on the INth of October, when the Attorney 
General formallv advised the use of military force, and the Council 



PREFATORY NOTES. 



advised that the several Colonels be directed to say what number ul" 
men could be depended on from their respective regiments to make 
a campaign into the Regulators' country. In due course of time the 
Colonels reported, the Legislature met, the Western Sheriffs told their 
tales of woe, and Johnston introduced his bloody bill, but still the 
Legislature, according to Judge Iredell, was of "regulating tenden- 
cies," and possibly Tryon might have failed at the last moment had 
it not been for a letter printed in the (kmik of that date, signed 
James Hunter, but which it was alleged Husbands wrote and pub- 
lished. The letter severely reflected upon Judge Maurice Moore, 
who was also a member of the Assembly, and upon this pretext 
Husbands was formally expelled from that body on 20th December, 
1770. Meanwhile, Husbands, being threatened with arrest for the 
libellous letter, as if in aid of the Governor'.s line of policy, though 
doubtl&ss without any such intention, declared that in such an event 
the Regulators would come down in force and release him. Husbands, 
after his expulsion, was arrested by the Ciovernor, and thereupon the 
Regulators did assemble and began their march to Newbern to release 
him. The Grand Jury, then in session, however, refused to find a true 
bill against Husbands, and thereupon Chief Justice Howard dis- 
charged him, much to Tryon'sdissatisfaction. The Regulators, being 
notified of Husbands' release, disbanded and went back home. But 
it was too late; the mischief was done beyond recall, and the Legi.s- 
lature, under the pressure of the threatened attacks — threats that, 
opportunely enough, were first heard the day before the Assembly 
met — on the town of Newbern, wliere they were assembled, passed 
the Johnston Bill, a bill that, for the time at least, did more harm 
than a book full of remedial statutes could have undone. This bill 
was entitled "a bill for preventing tumults and riotous assemblies, 
for the more speedy and effectual punisjiuient of tlic rioters,"' etc. 

Its main provisions were : 

1. That if any persons to the number of ten or more sliould 
assemble together unlawfully, tumultuously and riotously, and 
should so continue assembled after the first of February, for the 



PREFATORY NOTP:S. 



space of one liour after being required by a magistrate or Sheriff to 
disperse, should be adjudged guilty of felony, and suffer death, if 
found guilty. 

2. And if such persons so unlawfully assembled should continue 
together for one hour after such request to disperse was made, it 
should be lawful for the magistrate and sheriff to arrest them in order 
to their being proceeded against according to law ; and that if any 
of the persons so assembled should be killed in the attempt to dis- 
perse or arrest them, the Sheriff or magistrate, and all others aiding 
them, should be held harmless therefor. 

3. That if any persons so unlawfully assembled should, after the 
first day of March, obstruct or disturb the proceedings of any Court, 
assault or openly threaten to assault any Judge or other officer of 
such Court during continuance of the term, or should obstruct any 
collector of the public taxes, or should unlawfully destroy or begin to 
destroy any building for religious worship, court-honse, prison, 
dwelling-house, barn, stable or other out-house, they should be ad- 
judged guilty of felony, and suffer death, if found guilty by a verdict 
of a jury. 

4. That the Attorney General or his deputy might prosecute any 
person who should be charged with any of the offences above named 
since the first day of March last, or should at any time thereafter 
commit them in any Superior Court in the Province, or in any 
special Court of Oyer and Terminer, and all proceedings therein 
had should be as valid as if had in the county or district where the 
offence was committed, any law, usage or custom to the contrary 
notwithstanding; jirovided, nevertheless, that no person guilty of 
any ott'ence mentioned in this act, although convicted thereof in a 
different district from that wherein such an offence was committed, 
should be subject to any other or greater punishment than he might 
liave been had this act never been made. 

5. That if any indictment should be found or presentment made 
for any offfence before mentioned, it should be the duty of the Judge 
to i.ssue a proclamation, to be put up at the court-house and each 



PREFATORY NOTES. 



church and chapel in the county where the crime was committed, 
commanding tlie person named therein to sui'render himself to the 
Sheriff of the county wherein the indictment was found, within sixty 
days, or be held guilty of the offence charged, as if he had been 
convicted thereof by due course of laM' ; and it was made lawful for 
any person to kill such offender with impunity; it was also provided 
that the estates of persons so killed should be forfeited to the King 
and sold by the Sheriff at public sale. 

6. Tliat if any number of armed men should opjjose any military 
force of the Governor, raised by this act, and should refuse to lay 
down their arms and surrender themselves when required so to do, 
they should be considered traitors and dealt with accordingly. 

The authorities in England were so shocked at the bloody features 
of the bill, that instructions were sent forbidding any Governor to 
approve such a bill in the future. Such an act, they said, was a 
disgrace to the British statute books. But that did not bring back 
to life either poor Few or the men killed in battle, for, by the time 
the act had reached England and been considered there, it was too 
late to prevent its operation here. 

This act was passed, doubtless, in consequence of the opinion of the 
Attorney-General, who had officially advised the Governor and 
Council that the acts of the Regulators amounted in law only to 
riots and misdemeanors. Tlie ex post facto blood)' Johnston act, 
however, transformed them into capital felonies, punishable with 
confiscation of property and loss of life. 

That Tryon credited the first rumors of intended attacks on the 
town may be doubted, especially the one that the Regulators were 
on their way down to prevent Fanning from taking his seat, but he 
saw in them, whether true or false, his opportunity, and he set to 
work to make the most of it. Tlie Pitt and Craven I'egiments were 
accordingly' detailed for the protection of the legislative body and 
the peace of the Government, even before the I^egislature met, and 
in time the town was intrenched. In a word, the sensibilities of the 
Legislature were well worked upon, and the Johnston act was the result. 



PREFATORY N0TE8. 



It seems by no means certain, liowever, tliat it would Jiave l)ecn 
passed but for Tryon's industrious working uji of rumors of attack. 

With tliis act upon the statute book, Tryon proceeded to carry 
out the plan he had so long been maturing. An army was raised, 
not without some difficulty, iiowever, for there was, to say the least, 
no eagerness among the people to go as enlisted men ; indeed, it 
would seem that from more than one regiment lie failed entirely to 
get any volunteer recruits in the first in.stance, and, according to 
Tryon 's own statement, it was only the 40 shillings bounty and tlie 
'2s. 6d. per ilictn that enabled him to get his men at the last. 

In spite of Tryon's advice to make up the (juotas demanded by 
him by draft, there were no troops from the Albemarle section 
and counties adjacent, as Tryon states, owing to the refusal of the 
Northern Treasurer "to honor his warrants payable to the C'olonels 
of these counties to enable them to give each soldier forty shillings 
bounty and furnish necessaries for tlie expedition (without which 
credit no men could have been rai.sed);"' as the Southern Treasurer 
had done. It certainly does not speak well for the personel of the 
enlisted men of Tryon's army that their inducement to service was 
40s. bounty and 2s. Hd. a day per enlisted man, and tliat without it 
they would not have enlisted. 

The Northern Treasurer, saying he knew no authority under 
the law for such warrants, refused to honor them. The other Treas- 
urer, however, either being more complaisant in carrying out his 
Excellency's wishes, or gifted with a power of seeing further into 
the mill-stone of authority than his colleague of the Northern district, 
yielded so far as to issue ^£6,000 in Treasurers' notes. These notes, 
of course, were cheerfully taken, for, in the condition of affairs, 
anything that had the semblance even of an official promise to pay 
by the Government was readily current. Even counterfeit notes 
passed without sufficient question. 

And thus a new debt of j£40,000, the cost of the Alamance cam- 
paign, was saddled upon the already over-burdened Province. How 



PREFATORY NOTES. 



different the result would have been had sturdy Republican John 
Starkey been alive and still Treasurer! 

Having gotten his troops, Tryon, on the last week in April, set out 
on his march for the up-country, gathering in such reinforcements en 
route as could be had. Reaching Hillsboro on the 9th of May, he 
found the condition of the country there and to the westward in a 
very unsatisfactory condition, as the people everywhere, roused to 
desperation by the rumors of his intended invasion of their country 
with an army, were assembling together, under arms and without 
arms, in great numbers, so that it was not safe to delay action. 
Tryon thereupon determined to sti'ike the nearest Regulators at the 
earliest possible moment. These, he found, were embodied near 
Great Alamance Creek, some twenty-five miles distant, and he 
straightway proceeded to confront them in battle array, leaving all 
his baggage and other impedimenta under guard at Hillsboro. The 
battle took place on 16th May, 1771, but space does not permit any 
statement of its details here. They are set forth in full in the various 
documents hereinafter printed. It is sufficient here to saj' that 
the Regulators in that battle, ill armed, that is to say, when they 
were armed at all, and worse oflScered, numbered some 2,000 men, 
according to Tryon, while the Government troops, who, according to 
the same authority, numbered some 1.200 men, had not only the 
best arms, but amongst their officers all the military talent and 
experience the Province then possessed, including James Moore and 
Francis Nash, afterward Brigadier Generals in the Continental Line ; 
Robert Howe, afterward Major General in the .same service ; John 
Ashe and Alexander Lillington, Generals in active service in another 
corps of the Revolutionary army. Caswell, too, was there with what- 
ever military talent and experience he possessed. General Hugh 
Waddell, the great Indian fighter, Griffith Rutherford, another great 
fighter, and afterward a Major General being in his command, was 
only prevented from being in the battle by a large body of Regula- 
tors that appeared in his front a few miles from Salisbury on his 
march with some 250 or more militia from that section to join 



PREFAT(JRY NOTES. 



Tryon. His powder train, too, en route from Charleston to Salisburj', 
had been attacked in Cabarrus County and destroyed by disguised 
men, from which circumstance the " Black Boys of Cabarrus" derive 
their name. At a Council of War, held on 9th May, just a week 
before the battle, Waddell found that the Regulators in his imme- 
diate front outnumbered his own forces, and in addition to that, that 
his own forces were unwilling to fight, being in great part, at least, 
Regulators themselves ; whereupon it was deemed best to return to 
Salisbury. 

The result was as might have been anticipated, for no unarmed, 
or ill-armed, raw troops will stand long before artillery fire at short 
range. The Regulators were defeated, dispersed and vaucjuished. 
The casualties on the side of the Regulators were variously and 
loosely estimated at from 20 to 30 killed, and near 200 wounded, 
and on the side of the Government troops, 9 killed and 61 wounded, 
according to Tryon's report, which was doubtless not an under- 
estimate. Next morning one Few, taken prisoner in the fight or after- 
wards, was hung without a trial by order of Tryon, a fact that 
Tryon announced to his Government in a " P. S." to his dispatch, 
dated a month or more after the hanging, as if it had escaped his 
attention until the last moment — doubtless the first time in history 
that the official announcement of the hanging of a man was made in 
a " P. S." Tryon's statement that the man was an outlaw, even under 
the Johnston «Vct, was untrue, it would seem. An Orange Count)' 
man, and for some offence committed in the county of Orange, he 
was indicted at Newbern at a Special Term of Oj'er and Terminer 
under the bloody Johnston Act. Under tliis act, parties who were 
indicted and after proclamation and advertisement at the court-house, 
churches and elsewliere in Orange, did not surrender themselves 
within a certain time, might be outlawed ; but when Few was hung, 
the time allowed by the act for his surrender had not expired. The 
truth seems to be that Few was a poor, demented wretch, whose 
wits, tradition says, had gone astray upon the seduction of his 
sweetheai't by Colonel Fanning. Twelve other prisoners were tried 



PREFATORY NOTES. 



and convicted, at Hillsboro, of treason, at a Special Court of Oyer 
and Terminer, and six of tliem were hung — =all the arrangements 
for their execution being made under Tryon's personal supervision. 
The place of execution was at a spot now in the inclosure of the 
residence of Mr. Paul C. Cameron, at Hillsboro. 

After the battle, the array subsisted itself upon the stores oi' the 
Regulators, as Tryon boasted, wherever to be had, and destroyed 
and laid waste the houses and plantations of the outlaws. Planta- 
tions, too, and other properties were confiscated, and generally 
everything possible was done to make rebellion odious. After a 
tour to the westward, the army took up its homeward march. 



The extent of the Regulation troubles will be better appreciated 
when it is remembered tliat the number of men who came into the 
different camps and took the required oaths of submission after tlie 
battle amounted to 6,409. Including, therefore, participants and 
active sympathizers not sworn, and the women and the children, the 
population involved must have been at least 50,000 — that is to say, the 
great body of the white people in the territory east of the mountains 
and west of what is now Wake County. But not even this state- 
ment gives a correct idea of the extent to which disaffection had 
gone. Governor Tryon said as early as 1768 the insurgents through- 
out the Province considered Orange as the heart of the movement, 
and waited to see what the result there would be. Had the Regu- 
lators triumphed there, thousands in other parts of the Province, he 
said, would have declared for them, and "civil government in most 
of the counties in the Province would have been overturned." In 
1771, disaffection had spread to the very Palace at Newbern. 

The effect of all these things was disastrous in the extreme to 
North Carolina. Shortly after the battle, says Judge Haywood, one 
of the ablest lawyers and greatest judges that ever adorned the bar 
or graced the bench in this or any other State, and who was almost 
if not quite contemporaneous with the events of which he speaks, 
"full streams of emigration began to flow in various directions from 



I'RKFAToKV NOTES. 



the misgovenird I'mvinco of Xcirtlj Caroliiiu." In 1 77'_', Mornaii 
Edwards, a noted Hajitiwt pivatlicr ami liistnrian, who made a tdiii- 
through the Province that year, reported tiiat 1,.")(>(I faniihes had 
departed since the battle of Alamance, and declared that, Ui his own 
knowdedge, a great many more were only waiting to dispose of their 
phmtations to follow them. Tiiese people had at first tried peace- 
able measures for redress of grievances: then violent ones, including 
an appeal to arms, and had been defeated. Still unsubjugated and 
still unwilling to .submit to opjtression, they abandoned their homes 
and tlieir property, crossed the distant niduntains, and, in the wilds 
of the then unknown West, founded a new State that soon ficcame 
jireat and famous. 



Assuming that in this day, when, in theory at lea.st if not always 
in practice, governments are the servants and not the ma.sters of 
the people, the duty of a government, by redress of grievances, to 
prevent a rebellion rather than to permit it to come to a head and 
then to crush it out with an iron hand, will be admitted, it needs 
only to be added in this connection that it is idle to say the Govern- 
ment had no opportunity to redress the grievances under which the 
Regulators labored. No advantage was taken of these r)|ij)ortunities, 
but the o]ipressions were allowed to go on for seven years, from 17i>"> 
to 1771, and then the oppressed and not the op)iressors were crushed 
to the earth. Not a year of these seven long years passed in which 
the Government did not ha\'e .imple opportunity to have settled 
every ditticulty without the slightest sacrifice of its authority or 
compromise of its dignity. Notaldy was this tlie case after the od 
of May, 17l)S. when the Regulators, who had a.sseml)led at Hillsboro 
in large niunbcrs, peaceably dispersed, went home with shouts of 
joy, Ujion the simple assurance that the Governor would look into 
matters and right whatever was wrong. What a mockery Tryon 
made of righting wrmigs we have already seen. And notably was 
this true for the remainder of the year 1768 and the whole of the 

year 176il and part of 1770. Another notable opportunitv occurred 
3 



PREFATORY XOTHS. 



in 1771, wlien an agn-emeiit was cnteivd into between the countjr 
officials of Rowan and the Regulators locjkiiig to a full settlement of 
that part of the trouble relating to the extortions of county officials. 
Instead, however, of thanking Frohock and Colonel Martin, who 
had been greatly instrumental in bringing'about so hajipy a solution 
of the long-pending trouble, Governor Tryon, when inlbrmed of the 
facts, sternly rebuked tliem for their conduct in interfering in 
matters that were entirely above their jurisdiction, and informed 
them that he projiosed to reconcile matters in a very rlitferent way, 
which was then already determined upon. 

It is evident that Tiyon did not desire a peaceable solution of mat- 
ters, for, had he done so, he would have called the Legislature together 
in the winter of 17()8, or early in ]7()i); nor would he have so 
abruptly dissolved the Legislature of \7HU, nor would he have 
failed to call a new one early in 177(1. At each of these time<i 
peace was perfectly possible. But he did not desire peace. Peace 
and accord with the Regulators was the last thing he wished, and 
the opportunity to make capital by crushing them out the thing, that 
above all others, he desired. His eye was always upon tlie home 
Government, and his pur})ose always to use North ('arolina as a 
stepping-block to higher preferment, and .soldier-like, he looked to 
the battle field for promotion. His reward came sooner, perhaj)S, 
than he exjiected, for e\en before the Alamance cam]>aign, lie whs 
translated to the Govei'iunent (jf New York — the long-cherished 
object of liis ambition. 



COLONIAL RECORDS. 



1765. 

[Reprinted from Marshall's Life of Washington, Vol. II, P. 91.] 

THE SONS OF LIBERTY. 

" To interest the people.of England against the measures of admin- 
istration, associations were formed, in every part of the Continent, 
for the encouragement of domestic manufactures, and against the 
use of those imported from Great Britain. To increase their quantity 
of wool, they determined to kill no lambs, and to use all the means 
in their power to multiply their flocks of sheep. As a security 
against the use of stamps, proceedings in the courts of justice were 
suspended, and it was earnestly recommended to settle all contro- 
versies by arbitration. While this determined and systematic oppo- 
sition was made by the thinking part of the community, there were 
some riotous and disorderly meetings, especially in the large towns, 
which threatened serious consequences. Many hou.ses were destttjyed, 
much property injured, and several persons, highly respectable in 
character and station, grossly abused. These violences received no 
countenance from the leading members of society, but it was 
extremely difficult to stimulate the mass of the people to that 
vigorous and persevering opposition which was deemed essential to 
the preservation of American liberty, and yet to restrain all those 
excesses which disgrace and often defeat the wisest measures. In 
Connecticut and New York originated an association of persons 
.styling themselves the " Sotis of Liberty," who bound themselves, 
among other things, to march to any part of the Continent, at their 
own expense, to support the British Con.stitution in America, by 
wliich was expressly stated to be understood the prevention of any 
attempt which might anywhere be made to carrj' the Stamp Act 
into operation. A corresponding comnjittee of these " Sons of Lib- 
erty" was established, who addressed letters to certain conspicuous 
cliaracters throughout the Colonies, and contributed very materially 
to increase the spirit of opposition, and, perhaps, the turbulence with 
wliich it was in some places attended." 

VOL. VII — 1 



COLONIAL RECORDS. 



[From Tkyon's LETTEii Book.] 

Letter from Governor Tryoii to the Board of Trade. 

Wilmington 1" April 1765 
I seize this opportunity by a ship which is_to sail to-morrow from 
Fort Johnstone, to acquaint your Lord.ships Gov. Dobbs died at 
Brunswick the 28"" of la.st month. I was escorting Lord Adam 
Gordon thro' part of this Province when the news of this event 
reached me. I returned immediatel}'^ and last night took into my 
possession the Great Seal of the Province and the Governors commis- 
sion : He delivered to me the 23* of last month (a few hours before 
he was taken ill) his Majestj'^'s instructions and many public letters 
from your Lordships' board, but as tViej' were in a confused state, 
I have not yet made a complete arrangement of them or considered 
their contents. I spent two months in a tour thro' this Province, 
and am determined in my opinion that the public business of it 
can be carried on, no where with so much conveniency and advan- 
tage to far the greatest part of the inhabitants as at Newberne, a . 
town situated on a neck of land at the confluence of the rivers 
Neuse and Trent. I expect a sufficient number of members to hold 
a Council in a day or two, when agreeable to His Majesty's instruc- 
' tions I shall take the advice of the Council relative to the time and 
place of holding the Assembly. As soon as the usual proclamations 
on these occasions are issued, I shall trouble your Lordships with 
such observations as occur to me on the present state of this Province ; 
The public offices and records shall be the object of my particular 
attention. As I shall use my utmost diligence to send every intel- 
ligence I think will give either information or satisfaction to your 
Lordships, so, on the other hand, I flatter myself my representations 
in behalf of the Province will meet with a proper consideration and 
support from your Lordshijis, as such a countenance will give fresh 
life and strength to my inclinations and endeavors, and cannot fail 
of producing the best effects between his Majesty's Governor and the 
people. 

I am with perfect respect &c 



COLONIAL RECORDS. 



[N. C. Letter Book S. P. G.] - 

M' Stewart to the Secretary [Exf] 

Bath, N°. Carolma, April 2°* 1765 
Rev* Sir 

Since my last dated in Nov' nothing new has happened within 
my Parish, nor indeed in the Province, except the death of our Gov' 
Arthur Dobbs Esq' who died the 28 of March last, a worthy member 
of the Ven"" Society's and a true friend to the Established Religion 
& the few clergy of this Province. M' Dobbs was to have embarked 
in a few days for London, but I hope in God he has had a better 
remove. The many good Laws that he took care to have Pass'd in 
this Province, for the encouragement of religion will make his 
memory ever esteemed by the clergy. I was in hopes to have come 
over with him for my health & thrown myself at the society's feet, 
for transgressing their orders, for certain I am, when they had seen 
me, they would have granted me the indulgence so long requested & 
not have confined me here to a certain death after spending the 
^^gor and flower of my youth in a constant but. painful attendance 
on my duty, but however that is now over, while therefore it pleases 
God to spare me I will to the best of my endeavors prosecute the 
discharge of my duty and when strength fails I trust in his mercy 
that grace \vi\\ abound, to my own edification & the edification of 
those for whom I was sent here 

Yours etc" 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to the Earl of Halifax 

Wilmington 2'* April 1765 
Last Thursday Gov. Dobbs retired from the strife and cares of 
this world. Two days before his death he was busily employed in 
packing up his books for his passage to England. His jihj'.sycian had 
no other means to prevent his fatiguing himself, than by telling him 
he had better prepare himself for a much longer voyage. I have got 
into my possession the seal of the Province and many public papers 
the orders and instructions from your Lordship shall be obeyed with 
all possible dispatch. As my patron my Lord, I hope you will 
allow me to call on your Lordship's goodness, to forward his Majesty's 
most gracious promise to appoint me Governor to this Province. 

I am, my Lord, &c' 



COLONIAL RECORDS. 



[From MS. Records in Office of Secret.4.ry of State.] 



COUNCIL JOURNALS. 

At a Council Held at Wilmington the o"" of April 1765. 

Present. 
The Hon'''" William Tryon Esq' Lieut Governor and Commander 
in Chief 

f James Murray William Dry ^ Esq" 

rpu XT bies I James Hasell Robert Palmer | Members 

1 John Rutlierfurd and f of 



1^ Lewis Henry DeRosset Benjamin Heron J Council 

Was read His Majestys Commission To the Hon*'° William Tryon 
Escf appointing him Lieutenant Governor and Commander in Chief 
of this Province, on the Death or absence of the late deceased Gov- 
ernor Arthur Dobbs Esq'. — And His Honor took and afterwards 
administered unto the several Members of Council now present the 
Oaths mentioned in an Act passed in the first year of his late Majestys 
Reign Intituled an Act for the further security of his Majesty Per- 
son, and Government, and his succession of the Crown in the Heirs of 
the Late Princess Sophia being Protestants, and for Extinguishing 
the hopes of the pretended Prince of Wales and his open and secret 
Abettors. 

His Honor also made subscribed and administered to the said 
Members of Council, the Declaration mentioned in an Act of Par- 
liament made in the 25"' year of the Reign of King Charles the 
second Intituled "An Act for preventing dangers which may happen 
from Papish Rasusants. 

His Honor also took an Oath for the due Execution of his Office, 
As also the Oath required to be taken of the 4"" of George the Third, 
by Governors of Plantations, and the Members of Council now present 

His Honor was pleased. By and with the advice and consent of his 
Majestys Council to order a proclamation in the follo\\'ing Words — 

North Carolina — ss. 

By the Honourable Colonel William Tryon Lieutenant Governor 
and Commander in Chief in the said Province 
A Proclamation — 

Whereas, it is necessary for the peace and Good Government of 



COLONIAL RECORDS. 



this Province that all Officers therein both Civil and Military should 
hold themselves Continued in their several places and employ- 
ments, until my pleasure be further known ; I have therefore thought 
fit, to issue this Proclamation, By and ^vith the advice and consent 
of his Majestys Council, and do herebj' Order signify and declare, 
That all jDersons who at the time of the Death of His Late Excellency 
Governor Dobbs, were duly and lawfully possessed of or Invested, 
in any office, place, or employment Civil or Military in tins Province, 
And who have not been since removed from such their Offices places 
or employments, shall be and hold themselves continued in the 
same offices, places, or employments as formerly they held and 
enjoyed — the same until my pleasure be further known, ^nd that 
the said Persons Do not fail. Every one severally according to his 
place, office, or charge- to proceed. In the performance, and execution 
of all duties thereunto belonging. And further I do hereby will and 
command all and singular his Majestys subjects in the Province, 
to be aiding and assisting at the Commandment of the said Officers 
In the performance, and execution of the said office, as they will 
answer the contrary at their perils. 

By His ^ Given under my hand, and to which I have caused to 

Honours V be affixed the Great Seal of this Province — at Wil- 

Command j mington this third day of April, In the Fifth Year 

of His Majestys Reign, And in the Year of Our 

Benjamin Lord One Thousand seven hundred and sixty five 

Heron Esq. Signed 

W" TRYOX 

Ordered, that Express be sent with this proclamation directed to 
the Sheriff of each County, and to them to Certifj' by the same Ex- 
press To the Secretarys Office, the time of receiving the same. — 

His Honor was also pleased to order a proclamation for the meet- 
ing of the General Assembly for the Province at Newbern the second 
day of May next. — 

Also to Order a Proclamation for Apprehending Alex Simpson 
late master of his Majestys Sloop the ^'iper who having fied Justice 
for the murder of Thomas AVhitehur.st late Lieutenant of said Sloop, 
And to offer a reward of fifty pounds proclamation money to be 
paid to any persons or person, who shall secure said Simpson, so as 
he may be brought to Tryal for the said murder. 



COLONIAL RECORDS. 



At a Council held at Wilmington the 6"" April 1765 
Present. 
His Honour the Lieutenant Governor, 
r James Murray William Dry ^ • 

The J James Hasell Robert Palmer [ j^ uires 

Honble "\ John Rutheri'urd and [ ^ ^ 

1^ Lewis Henry DeRosset Benjamin Heron J 

Was read sundry Patents for Land Viz, N" 1 to N° 130 inclusive, 
which were all granted except, N° 76, 99, 100, 112, 119, 120, 121, 
122, 123, 124 and 131. 

The Honble John Sampson took the oaths appointed by Law for 
the Qualification of Counsellors, subscribed the Test, and took his 
seat at the Board. 

Read the Con>plaint of John Polk upon Oath against the Honble 
H. E. JVPCulloh, setting forth the grievances of himself, and in behalf 
of man}^ other Inhabitants, settled on the lands of George Selvin 
Esq' on the Tract N° 3 in Mecklenburgh County &c. Ordered That 
the Honble Henry Eustace M°Culloh have notice thereof, and answer 
at the next Session of Assembly. In pursuance of which His Honour 
the Lieutenant Governor was pleased to write the following letter, 

Sir. 

Upon complaint being exhibited to me in Council on Oath by 
John Polk in behalf of himself and others settled on the Lands of 
George Selwyn Esq' on the Tract N° 3, I do by the advice of his 
Majesty's Council desire you will desist from any steps in Law to dis- 
possess these People, till we meet at the General Assembly to be held 
at Newbern the 2^ of May next, where I expect to see you, at which I 
hope such measures may be mediated as will tend to the Quieting 
the minds of the Inhabitants and securing the Peace of his Majestys 
Province, without Injury to the Proprietor of the said Land, 
I am. Sir, Your most obed servant 

W" TRYON. 
Henry Eustace M°Culloh Esq' 

Read sundry Warrants for Land from N" 1 To N° 433, Inclusive 
which were Granted N° 41. and 74 — withdrawn. 



COLONIAL REOORDS. 



At a Council hold at Wilmington 8 April 17G5 
Present 
His Honour the Lieut. Governor. 
( James Murray Lewis Henry DeRosset ■] 

The Honble James Hassell John Sampson and >• Esquires 

( John Rutherfurd Benjamin Heron j 

Read sundry Warrants for Land from N° 434 to N° 513 Inclusive 
which were all granted, except No 463 postponed — 

Read Sundry Patents for Land from N° 131 to N° 135, Inclusive. 

Read the Petitions of Robert Kerr, Alexander Osburn and James 
Armstrong respecting their Lands, when they were ordered to file 
their Petitions for Resurveys. 

Read Petition of Thomas Finney, in respect to his Patent pur- 
chased of Robert Dunn, N° 845 for three hundred acres of Land, 
Lying in Bladen County Dated 5'" Feb^ 1?54, Setting forth that 
said Patent interferes with older Patented Lands, and Prays Relief 
&c. Ordered, that there be a warrant of Resurvey of the said Land 
and Provided there is any Vacant Land joining the same the sur- 
veyor may take in the Quantity mentioned in the Patent, and return 
it accordingly to have it confirmed. 



[N. C. Letter Book S. P. G.] 

M'' Moir to the Secretary (Exf) 

N" Hampton, April 10, 1765 
Rev" Sir : 

Your favor of Nov 6, 1763, I Rec* t'other day, it would 
have mortified me much to have incurred the displeasure of the ven'^ 
Society for being so free with Gov' Dobbs, his character, had I been 
the only one in the Province that had a most contemptible opinion 
both of his morals & politics, as far as I cau learn the news of his 
death were received with the greatest joy throughout the Province. 



[N. C. Letter Book S. P. G.] 

M' Earl to the Secretary (Extract) 

N" Carolina. Edenton April 13, 1765. 
Rev* Sir : 

The church in this town which was built at a consid- 
erable expence, is in a very ruinous condition, Chiefly occasioned 



COLONIAL KECORDS. 



by want of a vestiy, our vestiy Laws, for some j'ears past being 
repealed in England as soon as they appear there, which is a great 
obstruction to the Building & repairing places of worship, and is a 
very great Prejudice to the Clergy. Our worthy Gov' M" Dobbs 
lately departed this life, who was a great Patron of Religion. 



[From MS. Recokds in Office of the .Secketary or State.] 
COUNCIL JOURNALS. 

At a Council held at Wilmington K;"" April 1765 
Present 
His Hon the Lieu' Governor 
( John Rutlierford ^Mlliam Dry ~| 

The Hon*"'' •, Lewis I:ftnr3' DeRosset Benjamin Heron > Esq" 
( John Sampson j 

The Honble Charles Berry Esq" took the Oaths appointed by 
Law for the qualihcation of Councellors subscribed the Test, and 
took his seat at the Board. 

Read sundry Patents as p Patent Book, from N° 13G to 199 Inclu- 
sive which were granted. 

And sundry Warrants from N° 514 to 548 Inclusive wliich were 
also Granted. •» 



At a Council held at Wilmington 17"" April 1765 
Present 
His Honour the Lieutenant Governor. 
( John Rutherfurd Charles Berry ') 

The Honble-^ Lewis Henry DeRosset and ^Esquii'es 

( John Sampson Benjamin Heron j 

Mr Murray President of His Majestys Council who has been a 
member of Council were since Feb'' 1739 here. Represented to his 
Honour that his health and family affairs require his presence in 
Boston in New England for some time, and pray'd leave of absence 
for twelve months from the time of His departure, which leave was 
Granted by His Honour the Lieutenant Governor. 

Read sundry Patents as pr Patents Book, from N° 199 to N° 219, 
Inclusive which were Granted, Except No. 200, Cavcaicd. 

And sundry Warrants as pr. Warrant Book, from N" 549 to N° 
569 which were also Granted. 



COLONIAL RECORDS. 



Oi'dcivd that the Secretary ivniove to Xewljern Ijy the "2'' day of 
May 17(35, where the Assemblj' is to be held, Tlie Council Journals, 
the Chancery Docket, and Papers relative to the Causestobeheai'd. 



[From Tkyox's Letter Book.] 

Letter from (xovernor Tryon to William Bull, Esc[ 

Wilmington 22'' April 1705 
Mr Maurice Moore ; one of the Associate Judges of this Province, 
informed me that in compliance of the late Governor Dobbs' in.struc- 
tions to him to enquire into the conduct of Mr M°Clenaghan, 
relative to Mr Hamilton's deposition inclo.sed in your letter of IS*" 
February last to his late Excellency, he had conversed with Mr 
M" Clenaghan on the subject, who acknowledged to have delivered 
the precept mentioned in Mr Hamilton's deposition, but says he 
was not sensible that the deponent lived beyond the southward 
boundary line of this province ; if this acknowledgement does not 
give satisfaction to the party, I hope he will obtain relief in a course 
of law; as I shall never give countenance to such unwarrantable 
proceedings as complained of 

I have the Honor etc' 



-[From Tryon's L&TTtR Book.] 

I^etter from Governor Tryon to Lord Colvill 

Wilmington, 22'' April, 1765 
I have the honor to inform your Lordship by Capt Lobb of an 
unfortunate affair that happened in this country last month between 
Lieut Whitehurst and Alexander Bimp.son, both of the Mpcr sloop, 
Mr Simpson challenged Mr Whitehurst to fight a duel, the conse- 
quence of which terminated iir the death of Lieut AVhitehurst about 
six days after he had his thigh broke by a pistol shot, and his head 
wounded in several places by the butt end of a horse pistol, of 
which the pan was broke by the violence of. the blows he received 
on the head from Mr Simpson, Capt Lobb is capable of giving your 
Lordship a minute detail of this affair, and I have ordered the dep- 
ositions taken before Governor Dobbs and myself and of two mid- 
shipmen belonging to the Viper, previous to Mr Whitehurst's 
death, with a copy of the inquest on his body. The commitment of 



10 COLONIAL RECORDS. 



Alexander Simpson, his escape, proclamation for the reapprehend- 
irig of him, with the deposition in a court of law, taken, of the man- 
ner of his escape ; all which proceedings, I have ordered to be 
fairly copied, and shall be transmitted to you as soon as possible ; 
wherein I am satisfied, this government will not be found by the 
Lords of Admiralty, or your Lordship, to have given the least 
countenance to Mr Simpson's escape. As Mr Simpson conduct 
aj^pears to have been actuated by the most savage principles of 
revenge, I own I was very desirous of putting him On his trial He 
was severely yi^ounded by a shot that passed under one of his 
shoulders and came out at his arm. It is generally believed he was 
carried to Virginia, as k was imagined he was in too weak a state to 
be carried to 'Europe, I shall write to Lieut Governor Fauquer on 
this subject, 

I am, my Lord, (fee* 



[From MS. Records in Office of the Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Newbern 7"" of May 1765. 
Present 
His Honour the Lieutenant Governor, 
r James Hasell William Dry ^ 

m TT 1 1 John Rutherfurd Robert Palmer t-, 

IheHonble \ t • r\ r> 4 i r Esquires. 

I Lewis DeRosset and ' ^ 



John Sampson Benjamin Heron 

The Honble Alex"' M'CuUoh, took the Oaths appointed by Law for 
the Qualification of Councellors subscribed The Test, and took his 
seat at the Board. 



At a Council held at Newbern 9"" May 1765. 

Present 

His Honour the Lieutenant Governor. 

James Hasell . Charles Berry ^ 

John Rutherford William Dry | 

The Honble \ Lewis H DeRosset Robert Palmer V Esquire. 

John Sampson and 

Alexander M'Culloh Benjamin Heron 

The memorial of the Honble Henry Eustace M°Culloh together 

with the Deposition of John Frohock, Mich' Holt, Mr Giles, Col° 



COLONIAL RECORDS. 11 



Alexander and Captain Abraham Alexander, being presented to 
this Board at the request of Mr M'Cullolr by Mr Edward Fanning, 
were received and not being able to proceed thereon for want of 
John Polks' Petition of 'Complaint left in the Secretarys Ofhce at 
• Wilmington it is Ordered, 

That the said Memorials and Depositions lay by and the hearing 
Adjourned till the said Complaint appears and also Ordered, the 
said papers be immediately sent for. 

Ordered a Proclamation, issue requiring all persons holding 
Lands by Virtue of Patents Granted in South Carolina, be brought 
in to be recorded in the Secretarys Office, by the 25* day of April 
next (which was \'iz) 

North Carolina — ss. 

By the Honorable AVilliam Tryon Esq Lieutenant Governor and 
Commander in Chief in and over the said Province, 
Proclamation 

Whereas, it hath been represented to me in Council That several 
Persons hold Lands in this Province by Virtue of Patents Granted 
in South Carolina, before the running the temporary Boundary Line 
between the Two Provinces in September La.st — In Order therefore 
to discover what Lands are truly and bona fide, so held ; to prevent 
disputes, and future Grants of such Lands ; and for Quieting Peo- 
ple in their Possessions ; I have thought fit, by and with the Advice 
and consent of his Majestys Council, to issue this Proclamation, 
hereby enjoining and requiring all Persons, who in virtue of a Pat- 
ent or Patents issued by the Governor or Commander in Chief of 
South Carolina, before the 24"" of September last, are possessed of 
any Lands within the Present Bounds of this Province, according to 
the Line run by the Commissioners of the said Province, to produce 
such Patent or Patents before me in C!ouncil, at Wilmington, on or 
before the 25"" day of April next, that proper Orders may be given 
for recording thereof in the Secretary? Office, as a failure herein 
may operate to the Damages of the Party neglecting. 

Given under my hand and seal of the Province at Newbern the 
9"" day of May Anno Domini 17G5 

Signed W" TRYON 

By his Honours Command 
Ben. Heron — Secry. 

God save the King. 



12 COLONIAL RECORDS. 



To THE Hon"" Col William Tryon Lieutenant Governor of 
Hiw Majesty's Province of North Carolina &c &c and the 
Hon"'" Members of His Majestys Council for the same. 

The Memorial of Henry Eustace M'Culloh. 

Humbly Sheweth ; 

That on the 17"' daj' of this Instant April, Your Memorialist 

receiv* a Letter addressed to him by His Honour the Lieutenant 

Governor in the following Words — 

"Sir, 
" Upon a Complaint being exhibited to me in Council on Oath 
by John Polk, on behalf of himself and others settled on the Lands 
of George Selvin Esq' in the Tract No 3, I do by the Advice of His 
Majesty's Council desire you will desist from any Steps in Law to 
disppssess these People, 'till we meet at the General Assembly to be 
held at Newbern the 2^ day of May next where I expect to 'see 
you ; at which time I hope such Measures may be mediated, as will 
tend to the quieting the Minds of the Inhabitants, and securing the 
Peace of His Majesty'-s Province, without injury to the Proprietor of 
the said Land." 

That on the perusal thereof. Your Memorialist could not help 
observing with the utmost surprise and concern, that there had been 
Attempts made to prejudice him in the Opinion of this Honourable 
Board, in relation to his Conduct in the Management of the Trust 
repos'd in him by M' Selwin ; and that too perhaps not altogether 
without effect, as Your Memorialist can hardly conceive, that this 
Honourable Board would have thought proper to have taken this, 
(as he most humbly submits it) extraordinary step, unless they had 
it in, their Opinion, that he was intending to exercise M'hatsoever 
Power might be in his hands, in a manner repugnant to natural 
Equity, and to the Peace and Prosperity of the Province. But 
altho upon this occasion Your Memorialist finds himself under an 
absolute necessity of Insistijig as well on behalf of himself, as of' 
every other of his Majesty's subjects in this Province, (but at the 
same time with all due submission to Your Honours Superior Wis- 
dom and Judgment) That this Honourable Board cannot have any 
Right, consistent with Law, to interfere in a summary manner in 
the decision or direction of disputes concerning private Property ; 
Yet Your Memorialist is, and at all times will be ready to pay a 
cheerful obedience to Your Honours desires (as far forth, as he can 



COLONIAL RECORDS. 13 



do it, consistent with the Prineiples of Law) and to that end shall 
most cheerfully emhrace the opportunity which is hereby afforded 
him, of submitting himself and his Conduct in Life to the impartial 
Examination of the Honorable Board, and of the Public ; Happy in 
the assurance of His own Mind, that tliere requires nothing more 
than a plain summary of such his Conduct, to defeat every improper 
impression which could possibly have been made by the most artful 
Misrepresentations of his Enemies ; and that when this Honorable 
Board and the Public have the facts before them, they will be con- 
vinced, it has been the principal Motive of Your Memorialist's 
whole exertions to deserve and obtain the sanction of' an approving 
Conscience in the first place, and the good opinion of the worthy & 
Judicious part of Mankind in the next 

That from His Honor the Lieut' Gov" Letter before set forth. 
Your Memorialist is given to understand that there is a Complaint 
lodged by one Polk, whether against him or not, does not appear, 
but that he is the subject of it — remains no doubt ; but Your Memorial- 
ist having never seen any Copy of the Complaint, and not having 
been able to learn the particulars thereof, (notwithstanding he has 
heard it is very Voluminous, and has made every encjuiry in his 
power for that jjurpose) it cannot be expected that he should make 
answer thereto particularly ; neither indeed does Your Memo"' 
apprehend himself under any legal necessity of answering anything 
of this Nature before this Hon"'" Board, further than with a submissive 
View of Manifesting his respect, and the desire he has to meet with 
Your Hon" entire Approbation — Unconscious to himself from what 
part of His Conduct it is, that Your Memo" is to have Accusations 
or reflections formed against him, he most humbly begs Yqur Hon" 
Indulgence to lay the whole before you ; and if from the Nature of 
the subject, he should be drawn in to make this Memorial of any 
considerable length, he flatters himself from the' importance of the 
subject (it being in the defence of the dearest Good which any Man 
can possess, — his Character) will with Your Honours most sufficiently 
l^lead his excuse, and engage your impartial attention. 

That Your Memo" Father and several others in the Year 1737, 
Obtained an Order in Council from His late Majesty Kmg George 
the second, for a large Grant of Lands in the frontier, and then 
unsettled parts of this Province ; and in consequence thereof, sundr}'^ 
Grants were issued under the Seal of this Province to him and to 
his associates, (of whom the present M' Selwyns Father \\as one) 



14 COLONIAL RECORDS. 



which Grants bear Date the 3* day of March 1745 (0 S) and are 
now on record in the Secretarys Office. That on or about the Year 
1747 when Your Memo" Father was about to leave this Province, 
Your Memo" has been informed that he pubhshed advertisements, 
declaring that any Person who should settle on any part of his 
Lands within two Years from that time, and take up their places 
contiguous, should have the Land at 5£ Sterling the hundred acres 
readj^ Money. That Your Memo" mentions this fact from memory 
of a Conversation passing between his said Father and himself on 
the subject ; as he never saw the said Advertisement, or could ever 
meet with any Person who could give the least certain or intelligible 
account thereof; and therefore insists that such was the Tenor of 
the said advertisement. — Your Memo" Father soon after going to 
England and being engaged in sundry disputes with the late Right 
Hon"" .John Earl Granville concerning the said Lands, they in a man- 
ner lay dormant for many Years, that is to say from the Year 1745 
to the Year 1755, when the said Earl and Your Memo" said Father 
coming to an agreement. Your Memo" Father constituted the 
Hon''"' Alexander M'Culloch Esq' and John Campbell Esq : together 
with some Gentlemen in Charles Town, his Attorneys to manage 
his Concerns in this Country. That Matters continuing in much 
confusion, occasioned by the Misrepresentations of the Title which 
were continually instilled into the Minds of the People seated on 
the Lands, by designing persons who might, propose, to themselves 
some view of sharing in the Spoils of Your Memo" Father's said 
Property, could they by spreading disgust between him and the 
People, finally oppress him out of his Right, — Your Memo" Father's 
said Attorneys (notwithsta'nding their most friendly and Zealous 
exertions) found themselves unable to advantage his Concerns in 
the manner they could have wished, and gave him notice thereof; 
Upon which he in the Year 1761 thought proper to send over Your 
Memo" with full Powers to Act for him. 

That upon Your Memo" arrival in a strange C!ountry, Young in 
Life, Knowledge, and Experience, and totally unacquainted with 
the real circumstances of his Fathers affairs (having everything to 
apprehend from the Underhand designs of his Fathers Enemies ; 
having scenes of Business to enter upon, which had been ever per- 
plexed and confused, and a multitude of People to deal with of 
different dispositions tempers, and capacities for in an open Prop- 
erty free for every one, such as your Memo" Fathers, he submits 



C()LONIAL RECORDS. 15 



there was the greatest probability that it would in many parts b.e 
seated by persons desperate in Circumstances, Character and Knowl- 
edge) Your Memo" concluded within himself to lay down a few 
settled Rules for his conduct and after he had squared those Rules 
according to the best light of his reason and Conscience, most 
steadily and invariably to pursue them. 

That accordingly in a few Months after liis arrival, Your Memo" 
went up to his Fathers Lands in Rowan County, the settlers of 
which had not long before that, been instigated to some very illegal 
acts of opposition; That Your Memo"' calling them together laid his 
Terms before them, the general substance of which were as follows; — 
That his Price was from £12 to £5 sterling a hundred acres, accord- 
ing to the Quality of the Land ; and that every Man should have 
the refusal of his place without the least Charge or advance for situa- 
tion or Improvement. And upoai this head your Memorialist most ' 
humbly begs Your Honorable Indulgence to make an observation, 
that could Your Memo" or His Father have reconciled it to their way 
of thinking, they might have made many Thousands more out of their 
Property than they have' done, as the Law gave them as indefeasible 
and undoubted a right to the Improvement as it did to the soil ; and 
further that the ^"alue of the Improvements on their Lands much 
exceeded the Value of the soil.) To go on, — Upon hearing these 
Terms, some of the settlers observed to Your Memo" upon such 
his Fathers Advertisement, upon which Your Memorialist made 
answer, that altho he was a stranger to the existence of any such 
advertisement, yet he would readily agree to let them have the 
Lands upon the Terms thereof; which Your Memorialist might well 
have done, as it would have amounted to much more than the Price 
he demanded : For as Your Memorialist then observed to those 
settlers, and now begs leave to submit to Your Honours cool reflec- 
tion, — Supposing the advertisement to direct the Terms of the 
sale, the Part)' settling and purchasing could not have expected 
otherwise than to have paid the Quit Rents from the time of such 
settlement and Purchase ; and the Party selling and I'eceiving the 
Money would certainly from that time to this, have enjoj'ed at least 
the Legal benefit of its use: That interest is what the Laws of all 
well regulated .societies allow in lieu of the use or advantage of a 
ready receipt of Money, and is consistent with the more tender Prin- 
ciples of Natural Equity; and that if your Memo" Father was to 
Abide by such his agreement, it mu.st be taken in toto as well for ■ 



16 COLONIAL RECORDS. 



him as against him, and consequently the Quit Rents of the Lands, 
and the Interest of the Purchase Money became instantly his abso- 
lute Right. — This plain Deduction of reasoning they could not 
but be immediatel}^ sensible of, and accordingly finding (as the 
truth is) that the Price demanded by your Memorialist at an aver- 
age £8-10-0 Sterling '^ hundred was not much more than equal 
to one half of what the Terms Under Your Memorialists Fathers 
said Advertisement would Amount to, tliey universally and most 
Cheerfully complied with such Your Memorialists Terms ; in which 
Conduct they have been since imitated by all the several different 
settlements on Your Memo'* Fathers Lands. 

That in Consequence of this happj' situation of affairs betM'een 
Your Memorialist and his Fatliers Tenants, he proceeded to lay off 
their several Plantations, in doing of which Your Memo*' even suf- 
fered tJiem to direct the Compass, and hardly ever interfered, except 
to determine such disputes as might arise between Neighbors concern- 
ing their Lines when they could not be prevailed upon by his press- 
ing Recommendations to settle the Matter (as he always wished thej' 
would do) between themselves. That it is now going on four Years 
since Your Memorialist has been most Assiduousl}^ employed in 
those Affairs, during which time Your Memorialist has laid off and 
disposed of the whole of his Fathers Tract to the Westward, to the 
Persons Seated thereon and others and given Titles for the same. 
And Your Memorialist here most humbly begs leave to observe to this 
Hono*"'' Board, that it has ever been the boast of his own Mind, that 
in the Management of a Concern, so extensive in itself, so various 
in its Circumstances, and depending upon so many different Parties, 
he never had the least dispute or difference with any one, or occasion 
to Commence any but one single suit against one She{:)pard, 
who had put his Fathers Title to defiance, and whom nevertheless 
Your Memorialist afterM'ards upon his submission forgave, and let 
him have his place without any advance. That Your Memorialist 
humbly insists the means he made use of to accomplish his Business 
in tliis much to be desired way, was to endeavour to do equal Justice 
to all ; to grant evevj indulgence of time which honest povert}' could 
ask, and never to add to the distresses of the unfortunate by a rigor- 
ous demand of the performance of their Contracts. That in the 
whole of your Memo" proceedings he ever gave the refusal of the 
place to the Party seated on it, without any Charge for the improve- 
ment (except in a Manner wliicli by Your Memo" Fathers express 



COLONIAL RECORDS. 17 



Orders had been laid out for him on the Yadkin River, several 
Years before Your Memorialists came into the Province) That in 
so doing he had often disposed of Places for £.30 or £40 the Lnprove- 
ment of which many Years before had sold from One to Two Hun- 
dred Pistoles ; That throughout all the Tracts which he has had the 
Management of, the Number of Persons who have declined purchas- 
ing their Places is altogether trifling, the settlers having almost to 
a Man very cheerfully accepted of the Terms ; which Your Memo" 
must submit is a strong proof of their having been reasonable and 
agreeable to the settlers, and hapjjily calculated for the Ease and 
Advantage of the poorer sort of his Tenants ; which Your Memo°' 
flatters himself he has great reason to insist they 'were, as he never 
made the least difference between those who had Money to pay for 
their Places, and those who had none. And Your Memo" begs 
leave to observe, that this is the course of such a Concern it may 
necessarily be imagined that he must have received Bonds from the 
People, to the amount of several Thousand Pounds, and that many 
of them must have much overrun the time of payment. Yet he sub- 
mits it to Your Honour, that he never suS'ered his necessities to 
influence him to bring so much as a single suit upon them. 

Such may it please Y^our Honour, Your Memorialist insists has 
been his Conduct in the Management of his Fathers Property. He 
will not now subjoin those Observations which he submits naturally 
arise from the facts but defer them to the close of this Memorial, and 
shall now proceed to the Occasion thereof, his Behaviour as it relates 
to the discharge of the trust imposed in him by M' Selwyn 

As your Memorialist before observed M' Selwyn's Father was one 
of the Original Associates ; that part of the Lands which fell to his 
share lay under much the same circumstances as Your Memo" 
Fathers, 'till sometime in or about the Year 1757 when the present 
M' Selwyn impowered the Hon*"'" Richard Speight Esq' deceased, & 
the Hon'''° Alexander M°Culloh to act for him, who on account of 
the disturbance occasioned by the Indian war, found themselves 
unable to render him any service. That soon after the Death of M"" 
Speight it was mentioned to Your Memo" to accept of a power to act 
for M'' Selwyn which he then declined, being well acquainted with 
the many disagreeable scenes, and heavy exertions both of Mind 
and Body that would attend the just discharge of a Trust of that 
Nature; But Your Memorialist's Father afterwards observing that 
there was some Intercoui'se of Business depending between M' Sel- 
VOL. VII — 2 



18 COLONIAL RECORDS. 



wyn and him, and apprehending it might be of service to M' Selwyn 
to have his affairs in your Memorialists Hands, unknown to your 
Memo" undertook for him (Your Memo") to M' Selwyn who there- 
upon a])pointed Your Memo" Father and Your Memo" his joint and 
separate Attorneys for the Managem"' of His Interest in this Coun- 
try; which Power of Attorney he received in May last and liad 
immediately recorded in the Secretary's Office. 

That upon Your Memo" receiving the said power and agreeing 
to Act under it, he took upon himself as bound in Honour and 
■Conscience to act for M' Selwyn's Interest, in the same manner and 
with the same Zeal he had done for His Fathers, and being well 
acquainted with the unsettled and Arbitrarj' Notions of the Persons 
who had seated themselves down upon M' Selwyn's Lands, he 
«xpected to meet with much Trouble in the Discharge of the said 
Trust; which he might rea.sonal:)ly imagine might be the Case 
when he reflected upon the injurious &' contumelious Treatment 
His late Excellency had met with in the same Parts, and upon a 
similar occasion. — That Your Memo" therefore in order to prepare 
matters for an amicable Settlement of Affairs in the Months of June, 
July & August la.st, undertook a Journey to those Lands which lie 
in Mecklenbiu'gli County, for the purposes aforesaid, and for the 
purpose of running the ( )utlines of tlie Tract No 4 adjoining to M' 
Selwyns wherein Your Memo" holds a considerable ([uantity of 
Land in his own Right. 

That upon Your Memo" arrival, he was given to \inderstand 
that many of the Settlers upon M' Selwyns Lands and the late Gov- 
ernors intended to hold to the South (as they termed it) and oi)pose 
their running any Lines; giving out at the same time the greatest 
threats against his Life and Per.son ; — That Your Memo" neverthe- 
less proceeded to run the said Boundary Lines, accompanied with 
a number of his Friends Armed, which he did unmolested, altho he 
had been well informed and believes that the said jiersons bad a 
meeting that day to execute their designs, but upon further consid- 
eration thought proper to drop them. 

That a very large number- of these South Men residing on M' 
■Selwyn's Lands, Your Memo" dread arose altogether from them, as 
the other Settlers seemed very well disposed — That Your Memorial- 
ist considering it would be extremely burdensome to him to make 
his Terms known to every individual in the Tract, recommended it 
to the Settlers to have a meeting and to choose and .Authorize 4 



COLONIAL RECORDS. 19 



/ 



Persons to meet and treat with him on the Subject; that accordingly 
they did so ; and in a day or two after, Your Memo" met those 
Persons, whose Names were, James Norris, Thonjas Polk, James 
Flannigin, & George Allen, with whom Your Memo" had a long 
Conference, the result of which was, that they thought his Terms 
just and reasonable, and that the People might be well satisfied 
therewith : and upon their desire, that he would give the substance 
of them in Writing, Your Memo" drew up and signed a Paper con- 
taining his said Terms Copies of which he delivered to each of them 
& which is in the following words 

Viz': 

"Terms Offered to the Settlers on M' Selwyn's Lands by Henry 
" Eustace M'CuUoh as Attornej' for the said Selwyn. 

First "Every Person settled shall have the first Refusal of his 
place without being liable to any Charge for Situation or Improve- 
ment ; or the risk of losing the same by reason of any greater Offers, 
provided he is willing to satisfy the Proprietor the same is Wood 
Land, according to the Valuation to be fixed thereon. 

Such as may not be able to pay down the Purchase Money, shall 
have every reasonable indulgence of Time granted for that purpose : 
So that poor and Rich shall stand one equal Chance to secure their 
Labour and their Hopes. 

Such as may repent of any Agreements which tliey may enter 
into with me, within 3 Years shall liave an absolute Right to 
demand from me, a Ca'ncelling of the same and a return not only 
of the Principal, but of the Use or Interest of their Money in full ; 
which may convince any Man of the least Reason, that he cannot 
with me possibly make a bad Bargain as he may at any time within 
3 Years take which end of it he pleases. — This I fiatter myself 
must Absolutely stop the Mouth of Objection. 

To do equal Justice to all, the Lands shall be sold Ad ^'alorem, 
that is according to \^alue, the price of the best £12 Sterling ~^ hun- 
dred, the meanest £8 (N B Your Memo" afterwards offered to reduce 
the last to £5 and so in proportion according to Quality. Circum- 
stances of Time, Expenses, and the real ^'^alue of ecjual Lands con- 
sidered, I must insist that the Regard which the Proprietor shews to 
the .supreme Law of Natural Conscience and Equity, has induced him 
to part with his Lands for one third the real, Intrinsic and inherent 
Value thereof, for this I ajipeal to facts and the reflection and reeol- 



20 COLONIAL RECORDS. 



lection of the Geutlem" whom the People Elected to meet and settle 
the Terms with me. 

Provided no Injury is thereby offered to any Neighbouring Lands 
or Plantations, the places shall be run to the greatest advantage as 
to Wood, Water, and Soil without regard to Courses or Corners. 

I do not propose to sell less than 200 Acres and no Man I think 
would wish it otherwise ; but where the particular situation of the 
Places make it reasonable that I should do so, I have it in my will 
as well as in my Power to do otherwise. 

Such as stand Ejectments, have no favour to expect. Quit Rents 
shall only be demanded from the time they were actually paid out of 
Pocket by the Proprietor; that is from the 25'" of March 1760 — And 
where the Party' has not been so long in Possession from the Time 
of such Possession only. 

The Title Deeds may be agreed upon by the People and shall 
meet my Acceptance. 

I shall not look upon myself as absolutely bound to anything in 
this Paper, so as to prevent my being grateful to my Friends and 
■just to my Enemies. 

.No Persons are to settle upon any ])art of the Lands from this Day. 

These are in general the substance of what passed in Conversa- 
tion, and seemed reasonable and Equitable to Mess" Polk, Norris, 
Flannagin, & George Allen, the Gentlemen whom the Settlers chose 
to meet and consult me on this liead — Such as they are, the people 
maj^ depend upon my Resolution to support them, and to vindicate 
the Rights of my Employer. Conscious as I am of their extream 
Lennity and that sacrifice of Interest which is offered to insure a 
favoural^le acceptance of them from the People, I must, and do 
hope, and insist, that I shall meet with that return from them 
which I may deserve : and they may depend upon finding me in 
every Instance, the thing I profess — Compassionate to the Poor, 
fond of my Friends — and not willing to remain indebted to my 
Enemies. 

In January I shall return to lay off the Lands. 

These May it please Your Hon" are the Terms at large, which 
Your Memo" as Attorney for M' Selwyn .offered tq the Persons 
seated on his Lands : And altho Your Memo°' intends to defer his 
observation to the close of his Memorial, yet he cannot here refrain 
from humbly demanding the oitinion of this Hon"" Board and of 



COLONIAL RECORDS. 21 



the Public — AVhether these Terms indicate oppression, hardness of 
Heart, or want of C'ompassion to the poor? Whether consistent 
with the least pretensions to Honour, Conscience, or the sacred 
Nature of a Trust, he should have offered M' Selwyns Property of 
equal ^'^alue with Your Memo" Father's Property, for a lesser Price. 
To go on with the narrative of Your Memo" Behaviour, he is to 
observe to your Hon" that after having laid these Terms before the 
People he proceeded down the Country, with an assurance of 
having removed every dread of opposition, and with an intention of 
returning to laj' off the Lands at the time appointed ; and that 
accordingly in February last he came up into these parts with that 
design, not at all imagining he should meet with the least oppo- 
sition from the Settlers. And altho Your Memo" was given to 
understand on his coming up,' that several of them had combined 
together to opj^ose him yet he did not pay the least regard to any 
such Liformations, till upon his coming upon the 4th day of last 
March to his Lands in Rock}' River, he was informed that there 
had been that day between 30 & 40 of the Settlers on M' Selwyn's 
Lands there, with a design to oppose his coming upon the Tract. 
That your Memo" unknowing how he could have given them 
cause for offence, and steadily determined not to give up the Cause 
of his Employer, on the next day proceeded to the house of Cap- 
tain Abraham Alexander on Shugar Creek (one of the Settlers on 
M' Selwyn's Lands) where he found 150 Persons assembled as near 
as he could judge : That some little time after his arrival. Your 
Memo" called in the People and produced to them Copies of M"' 
Selwyn's Patents taken from the Records in the Secretarys Office, 
and duly Certified : — That warm & Labouring under a sense of 
, their ill return to his kind intentions to them being then well 
acquainted with their having joined themselves together in an illegal 
Bond, under the forfeiture of all they possessed in the World, to 
oppose M"' Selwyn's Right, and provoked at their then manifest 
designs of endeavouring to terrify Your ]\Iemo" into dishonourable 
Concessions, he readily owns he did without much ceremony lay 
the folly and consequences of such their intentions before them, and 
that he did declai'c in the solemn Name of God, that in case they 
persisted in them they should from him never meet with forgiveness. 
That they thereupon told him they would take some time to con- 
sider of what had been said ; and in aboirt an hours time upon 
Your Memo" going out among them, tliey came up and surrounded 



22 COLONIAL RECORDS. 



him and made him an offer of £10 Proc a Hundred, which Your 
Memo" rejected with becoming Warmth, as such their Offer was 
made with the utmost insolence, and the most manifest designs of 
terrifying his Resohitions and was accompanied witli the most con- 
temptuous expressions of defiance ; — that they continuing to press 
upon, Your Memorialist alone among them, he solemnly declared 
it was his then opinion they had a design upon his Person ; that 
these people at the same time gave Your Memo" a Paper for his 
Perusal, which he then thought it prudent to return them and 
never afterwards could get a Copy of it, tho he well recollects that 
the substance thereof, was as follows — That the People to the num- . 
her of 143 had joined together not to suffer him to act for M" 
Selwyn unless he agree to let them have the Land from £10 to £12 
Proc : ^ hundred — that if Your Meftio" would not agree to those 
Terms they would not permit him to survey or suffer any Sheriff 
or otirer Officer to serve any process on tliem on behalf of M' Selwyn. 
Your Memo" justly irritated, at this Treatment and declaration, 
and the insolent Language with which he was used (they continu- 
ally gathering round him and talking to himln the most insulting 
manner) Your Memo" does allow, that he did endeavour to mani- 
fest the steadiness of his purpose, by repeated and proper declarations 
of his Resolutions to survey the next day ; on which declaration 
some of them had the insolence to defy Your Memo" in the most 
affecting manner, and others to tell him by way of friendly advice 
(as they insultingly pretended) not to try, for that if he did, the 
best usage he should expect to meet with, would be to be tied Neck 
and heels and be carried over the Yadkin, and that he might think 
himself happy if he got off so. Your Memo" continuing still firm 
in. his Intentions, told them the Hour and Place he intended to 
survey at the next day, and they departed declaring they would 
keep a Guard over him to watch him all the while he stayed, and 
that he never should ; and dropping Expressions which would have 
given the justest apprehensions to any Man to fear for the safety of 
his Life. — Distressfully situated as Your Memo" was, he was yet 
firmly resolved to abide the Issue of the next day — as he was sen- 
sible to retreat was to sacrifice every liope of success, and perhaps 
for many Years to deprive M' Selwyn of the benefit of his Property. 
The next day being Wednesday the &'' of March on Your Memo'" 
rising in the Morning the first sight he saw was two of the Persons 
who had been there the day before) sitting upon the Fence with 



COLONIAL RECORDS. 23 



Guus in their hands, and by Nine "Clock Your Memo" apprehends 
there might be near a hundred of them gathered together. — At 
that time Your Memo" declares that he little suspected that the 
present head and Chief of these People, (Thomas Polk) was one of 
their number, as he had ever endeavoured to distinguish him, and 
had no longer than the day before given him assurances that he 
should meet with every favour from him that he could reasonably 
ask, but that on a Conversation had between Your Memo" and the 
said Polk on Wednesday Morning, Your Memo" found out he had 
been deceived in him, and upon his declaring so, the said Polk 
answered that Your Memo" might depend upon it neither he 
nor the People would ever suffer any Sheriff or other Officer, to 
serve any j^rece^Dts upon them on M' Selwyns behalf; or permit 
Your Memo" to run out any of the Land, not even for persons who 
were desirous to agree to the Terms & purchase from M"' Selwyn. — 
Amazed at such a Conduct from a person Your Memo" little 
expected it from, and fixed in his opinion that there was the great- 
est probability of their design to injure either his Life or Person, 
Your Memo" does with concern acknowledge, that in a Moment 
when he was not himself, the said Polk by his taunting Language 
and insolent Behaviour, provoked Your Memo" into a single 
expression concerning His late Excellency Governor Dobbs, which 
he is full}' sensible nothing but a consideration of his then distressing 
situation, and feelings, and of his subsequent Behaviour, could 
possibly excuse, and which has ever given him a proper concern. 
At sundr}' times when Your Memo" was surrounded by these 
People the}' put several questions to him about the surveying and 
other things, but Your Memo" confesses that full of the sense of 
their injurious Treatment, and determined to the uttermost not to 
Yield to the meanest of all Motives (the Law of brutal force) Your 
Memo" told them his body was in their power, his Will in his own, 
that they might tear him Limb from Limb but should not compel 
him to hold any Converse with persons who behaved to him more 
like AVolves than rational Beings ; and Your Memo" does not recol- 
lect that he made use of any other expression of aggravation to 
them, except the Above, & now and then telling them (what he 
thought) tliat the}' were a parcel of Blockheads ; all which a Con- 
sideration of Your Memo" most singular situation, he flatters 
himself will sufficiently excuse. — At the hour appointed Your 
Memo" proceeded to the Plantation of M"' James Norris (who came 



24 COLONIAL RECORDS. 



to him and expressed his desire to have the same laid out) accom- 
panied by the said Polk and large of 100 more of his Gang many of 
whom were Armed with Guns — who incompassed Your Memo" in a 
most ignominious and taunting manner; and among other pieces of 
Insolence some of them asked Your Memo" whether he had not 
great honour done him, and whether he thought he would have as 
many Men attend him to his Grave or not? and whether that day 
was to have been the last of his Life or not, Your Memo" most 
solemnly declares before God he was for many hours uncertain. — 
Please Your Hon" but for a moment suppose Yourselves in Your 
Memo" then situation, and judge for him of the Treatment he has 
receiv'd from these People who represented themselves as fit objects 
of Your Hon" Compassion & interposition ! — AVhen all came to the 
Place where M' Norris chose to make his beginning, Your Memo" 
asked him whether he was willing to have his place surveyed for him 
by Your Memo" as Attorney for M' Selwyn? to which he replied in 
the Affirmative, and told the people that he wanted none of their inter- 
position : Upon this Your Memo" turned to them, and asked by 
what Authority they pretended to hinder him ? they replied they 
would not then tell him : — Your Memo" then demanded whether it 
arose from any doul)ts of M' Selwyns Rights, or his Power to Act 
for him ? to this Sundrys answered, without any Contradiction from 
the rest, that they did not deny either M' Selwyn's Right, or Your 
Memo" Power to Act for him : Your Memo" Surveyor then 
proceeding to fix his Compass and the Chain Carriers having the 
Chain in their hands, — M' Polk's People — gathered tumultuously 
round them, and notwithstanding Your Memo" made a solemn and 
a legal Proclamation in the Majesty's sacred Name to disperse the 
Riot, they paid no regard thereto, but contemptuously seized and 
broke the Surveying Chain in several pieces ; — And Tom Polk (as 
Your Memo" is well informed and believes, for tho Your Memo" 
was within 4 foot, the Press was so great he could not plainly 
distinguish) with his own hands took the Compass off the Staff. 
After this was done, and Your Memo" found that to persist would 
be to no oi'ior purpose than to incur the greatest risk of losing his 
Life — the said Polk in the Name of the whole made Your Memo" 
a proposal of £15 Proc a Hundred, in a general manner, and 
whether in earnest or with a View to try Your Memo" he cannot 
say. In Answer thereto Your Memo" gave them no ill Language 
at all, but only told them, the day might come when they should 



COLONIAL RECORDS. 25 



repent of what they had done ; that it was true his Life was in their 
power, and that they might take it before he would be guilty of the 
meanness of entering into any Treaty. Upon which Polk told him 
that they would wait his Answer; which Your Memo" agreed to 
give them in Writings: and accordingly the next day when his 
Recollection had in some measure got the better of his just resent- 
ment he wrote to the said Polk as follows 

" HlR 

In Compliance to the Word I gave Yesterday to you as Leader 
and Spokesman of that unthinking Multitude who have by the most 
daring opposition to the Laws of this Country, subjected themselves 
to certain ruin, I am to inform You, and thro' you them, that I shall 
not comply with the Terms you dictated." [The next eight MS. 
pages of this document are missing. — Editor.] daring breach of the 
Peace of His Majesty's Government, endeavored to awe and terrify 
one of his subjects, at the dread of his Life, to dispose of his 
property at such a rate as they thought proper to dictate. Sure, 
may it please this Honorable Board, such Proceedings cannot justly 
demand the powerful Interposition of the Chief supporters of His 
Majestys Peace and Government in this Province. What hardships 
what Injuries have offered them? What toils do they dread that 
they have most deliljerately brought upon themselves by their 
unlawful Conduct ? 

There are some particular Circumstances in the Conduct of the 
said Mr. Polk, which your Memo" apprehends are worthy of being 
observed upon : beiiig the only Man who has any pretence to sense 
or weight among these deluded People, Your Memo" has 'been cred- 
itably informed, that if he had not declared himself for them the 
second day they would have submitted; and Your Mem.o" asserts 
that he is tlie sole apparent Cause of the Opposition M' Selwyn 
meets with in his just Rights. Another Circumstance of his private 
Behaviour justly indicates his Principals of Action. — Sometime ago 
under the mo.^t solemn assurances of returning it, he obtained from 
a Friend of Your Memo" the liberty of Perusing M' Selwyn's 
Original Power to Your Memo" and having in that manner got it 
into his hands refuses now, in Breach of every sacred Right of 
Trust and Honour, to deliver up Altho Your Memo"^ Right thereto 
is undoubted ; But Your Memo" makes no doubt he will receive it in 



26 COLONIAL RECORDS. 



Command from this Honourable Board so to do, And Your Memo" 
submits this fact to Your Honours reflection as a proof of the unjust 
and abliorent means which are made use of against him. 

Another fact which marks the Spirit with wliich these People are 
Actuated is, that on Your Memo'' having subpoened some indifferent 
persons to attend and give Evidence on His Majesty's Behalf before 
the Grand Jury, they publicly declared that if they offered to pay 
Obedience thereto, they would tie them ; and further that if any of 
their Associates should be put in Salisbury Jail, they would come 
with an Armed force and tear the Prison down, and loose them ; 
and tho' Occasion was not given them to execute such their avowed 
purpose, they thought proper to serve the several Persons Subpoened 
as above with a Written Paper, discharging them from giving their 
Attendance in Obedience to such His Majesty s Precept, and 
containing several implied Threats against them if they did not pay 
a due regard to such their superior Authority. 

Your Memo°' having thus gone thro' the Chief facts of his 
Conduct, shall beg Your Honours further Indulgence to add a few 
general Reflections which seem to arrise from the Nature of the 
Subject; tho he most humbly insists that nothing more is requisite 
to Vindicate his Behaviour from every aspersion of Inju.stice, or 
want of Consideration, than a Naked View of facts and things. 
He flatters himself that it will appear to this Hon'''° Board and the 
Public, that he has ever endeavored to act upon the strictest Rules 
of Honour and Conscience ; that he has made a sacriflce to his own 
feelings, of many Thousand Pounds worth of a Property, which the 
Law absolutely vested in him ; that he ha'S ever acted so as to put 
in the Power of the poorest Man upon his Lands, to secure his place 
as well as the richest, Never paying any regard to Offers of ready 
Money ; that he has never suffered his own pressing calls for Money 
to urge him to demand a rigorous performance of tlie peoples 
Contracts ; that the Price fixed upon his Lands was far under the 
real and Intrinsic Value thereof, " as is evident from a Comparison 
of it with the Price which Property of equal Quality and situation 
is selling at now ; that he ever declared and hereby declares, that if 
any Person whomsoever, with whom he ever had any Dealings 
or agreements, conceived or conceives himself aggrieved or dis- 
satisfied, he was, is and ever will be ready to return the Money and 
take back the Land. That proceeding upon these principals Your 
Memo" has ever conceived himself happy in the Universally 



COLONIAL RECORDS. 27 



favourable acceptance of his Conduct by every person with whom 
he has had deahngs. — That in relation to his Conduct in the 
Execution of the Trust reposed in him by M'' Selwyn he hopes it is 
such, that upon the strictest examination will do him honour with 
every thinking Man : For his own part Your Memo" is at a Loss to 
Judge what other Conduct was left him to pursue ; unless he had 
tamely given up and betrayed the just and Conscientious Interests 
of a person who had put a Trust in his hands ; and unless he had 
meanly submitted liimself to be terrified into Concessions by the 
Brutal Law of force : which alternatives he flatters himself no Man 
will hesitate to pronounce him riglit in despising. 

Your Memo" submits that it must strike Your Honours, that the 
Terms proposed to M' Selwyn's Tenants were most Conscientiouslj' 
just; and far more favorable than those which had been received 
with the utmost Chearfulness by the settlers on his Fathers several 
large Tracts. That he cannot conceive the particular Circumstances 
that make them Injustice to the People alone — That as to their 
being obliged to leave the Province, in case they find they cannot 
succeed in their designs to force the Proprietor to submit to their 
determinations. Your Memo" conceives it mere matter of Exaggera- 
tion ; as he asserts that it would not (most probably) have been the 
Case, as his intention was to have contented himself with making- 
Examples of some of the Ringleaders. But granting for argument 
sake, that their illegal and insolent Behaviour should produce that 
Effect; Your Memorialist own he is at a loss to conceive, how the 
prosperity of the Province would be affected by the removal of a few- 
Men, who have by their actions plainly declaretl themselves above 
the Power of the Laws of their Country, further than as it might 
suit their Conveniency, and who for many Years past, taking advan- 
tage of the disputes subsisting between this Province and South 
Carolina, have refused paying obedience to the Laws, or contributing 
to the support of the Government of either. Your Memo" ratlier 
insists it would be an advantage to this part of the Province, as 
thereby that Leaven of Riot and opposition to Law which has so 
long subsisted here, would be removed ; and the places of these factious 
persons supplied by honest quiet-and industrious Families from the 
Northward. And should the Efl'ect of a few of them removing take 
place, Your Memo" engages there will not be one \'^acancy the more 
in eighteen months time; and this every Man who knows the state 
of this pai't of the Country, and is aciiuainted with the present 



28 COLONIAL RECORDS. 



Migrations from the Northward, must be sensible of — so that your 
Memo" Insists that this Evil so dreadful in its ajapearances (a Con- 
sideration, of which he apprehends has been the Cause which chiefly 
moved Your Honours to interpose in these matters) on examination 
appears to be matter of Declaration and no more. 

Your Memo" humbly begs Your Honours seriously to reflect upon 
the Behaviour of these People, and to Contrast it with his Conduct 
on this occasion — M'^ill it not thereupon appear manifest to this 
Honorable Board, That these people without having received the 
possibility of umbrage from Your Memo" (as will appear from his 
never having had any Connections in Business with them) without 
having the least just Objection to the Terms offered them, associated 
themselves together under heavy Penalties to trample upon tlie Laws 
of their Country, and to oppose Your Memo" in the just prosecution 
of an acknowledged Right? That by every appearance of force and 
terrifying measures in Contempt of the Peace of the Country, and in 
Total subversion of that quiet Enjoyment and use of Propertj', which 
the Wisdom of our Laws has provided for such Persons as appear 
justly entitled to that Property, they actuallj' endeavoured to force 
Your Memo" to dispose of such his Property against his Will, and 
at the risk of the forfeiture of his Life if he refused a compliance 
with their Terms? Has not Your Memo" by this their Conduct 
been deprived of that freedom of action in the disposal of his prop- 
erty, which the meanest of His Majesty's subjects under our thrice 
happy Constitution has an undoubted Right to? Was not Your 
Memo" at the same time engaged in the Lawful and Clonscientious 
prosecution of a just Right? Were not his Terms such as might 
have reasonably given' him Cause to expect a very contrary Beha- 
viour from those People? Has he not been insulted, surrounded 
threatened and put in Manifest fear of his Life by those very Persons 
wlio liave rei)resented themselves to Your Honours as subjects of his 
oppression? — And injured as he was, has not Your Memo" through- 
out the whole transaction, manifested the most Compassionate sense 
of their Errors, the most forgiving frame of Mind — Though Your 
Memo" declares, if there is anything he never can forgive, it is the 
unmerited attack which may have been made upon his character. 

And here Your Memo" begs leave to submit it to Your Honours 
as a Matter worthy of Your serious consideration, to reflect upon the 
ungenerous construction which these Deluded People put upon his 
Letter before set forth, wherein he offered to forp-et all that liad 



COLONIAL RECORDS. 29 



passed ; which construction was, that he (Your Memo") would never 
have made them that otter ; if he had not been Conscious to himself 
that the Title was not good. With Men thus acting, thus viewing 
every thing thro the false medium of their own deluded Opinions, 
How is your Memo" to act? It plainly appears that to offer Terms 
to them, is only to provoke Insolence and Contempt, and strengthen 
the hands of infatuated Opposition. 

Your Memo" is sensible he has great reason to ask the Indulgence 
of this Honorable Board for the Length of this Memorial ; and he 
flatters himself he shall the readier meet with it, as the pains he has 
taken to set matters in a fair and full light before Your Honours and 
the Public, cannot but arise from the most submissive and warm 
desire of Obviating every Prejudice which may have taken place 
from the Misrepresentations of his Enemies, and to secure to himself 
the favourable Opinion of this Hon"" Board, and of the public. 

Characters may it please Your Honours are sacred things and it 
is with pain Your Memo" is forced to observe. That it seems in the 
power of Persons appearing under the most suspicious circumstances 
of Malice and Interest, to bring them in Question. Your Memo" 
had it once in his Intention to have enlarged much on this Reflec- 
tion, but as he apprehends it is a consideration which every man 
may put home to his own Breast, he shall decline it, further than to 
observe. That if it is to be laid down as a Rule, that any Man may 
with Impunity make attacks upon Characters, in the Nature or by 
way of Complaint or Deposition before this Honorable Board and 
be allowed therein to rake out every irrelative Error of a Mans Life, 
he fears there is no Person whatsoever who can hope ever to escape 
safe and untouched by the Fangs of Malice; and further that every 
Man whose good Name is dear to him must with your Memo" reflect 
with pain upon such a Prospect. 

For his own part Your Memo" humbly insists that it has ever been 
the first view of all his Actiojis, to merit and obtain the Good Ojiin- 
ion of the worthy and Judicious part of Mankind, and that too from 
the justest cause, a strict Regard and adherence to the Rules of 
Honour and Conscience in his Proceedings : That when Your Memo" 
considers himself in that Light, and thinks that he may safely put 
the Malice of the World to Defiance to prove a deliberate Instance 
wherein he has acted contrary to the Principles he professes, he owns 
he cannot but most sensibly feel the most distant apprehension of 
any attack which may have been made upon him: Though he is 



30 COLONIAL RECORDS. 



convinced that when this Honorable Board come seriously to con- 
sider the facts before them, he shall by their favorable opinion of his 
conduct, be amph^ recompensed for any uneasiness which may have 
been given him bj' reason of any such attack. Your Memo" does 
not insist ujion any circumstances of his situation in Life, as Aggra- 
vations of the fault of these Peoj^le, Though when he reflects upon 
the Honour he enjoj's of being a Member of this Board, he cannot 
but think himself in some measure more particularly entitled to 
Your Honours Vindication of his conduct, in case you shall see it 
in a favourable Light. 

It will naturally suggest itself to Your Honours, that your Memo" 
(being far from the place of his Residence and verj' much straitened 
in point of time) has not had the opportunities of making this Rep- 
resentation so perfect as he could have wished. The facts alone he 
all along submits, are sufficient to do him all the Justice as to the 
Opinion of the World, he deserves; and as to the Authenticity of 
those facts, Your Memo" begs leave to assure this Honorable Board, 
that he has not advanced anything in this h"is Memorial, wliich 
according to the best of his present Knowledge and Rememlirance 
he would not Millinglv give Testimony to in the most Solemn man- 
ner. And on this head Your Memo" further Observes, that it is 
with the most heartfelt pleasure he is able to assure Your Llonours, 
he makes no doubt he could procure almost every Man with whom 
he ever had dealings to testify the L'prightness of the Principles 
upon which he proceeded; the Lenity of his Behaviour, and the 
favourable character he bears among those who have had any con- 
nections in Business witli him. Your Memo" insists if necessary 
and time was afforded him he could procure the Depositions of large, 
of a Thousand Persons to this purpose: And altho Your Memo" 
humbly apprehends there was not the least Necessity for such a step, 
he has nevertheless desired three or four persons of undoubted Pro- 
bitjf and character in this part of the country to give a short Deposi- 
tion on this head, whicli he has directed to be laid before Your 
Hon"; and these Persons ha^dng been the longest, best and most 
intimately acquainted' with your Memo" Conduct, he submits are 
certainly most properly Qualified to give an account thereof 

Your Memo" shall now hasten to conclude, with observing to this 
Honorable Board, That strong in the assurances of his own Mind, 
that he has no occasion to be Ashamed of the Conduct he has 
pursued, he has chearfully embraced this opportunity of submitting 



COLONIAL RECORDS. 31 



himself hi.s actions, and their motives to the im})artial Examination 
of this Honorable Board and of the public assuring himself that 
altho Misrepresentations may for a while obscure the face of truth, 
It ultimately must prevail. 

ON THE WHOLE Your Memo" submits it to the Impartial con- 
sideration of this Honorable Board and of the Public, that it will 
appear evident, That he has throughout his whole conduct endeav- 
oured to manifest not only the utmost Justice, but the utmost reason- 
able and compassionate Indulgence to the settlers in his Fathers 
Lands; and that he has been particularly happy in their favourable 
acceptance of his conduct; and as to his Behaviour in the Execution 
of the Trust reposed in him by M' Selwyn, That those very Persons 
who have endeavoured to impose themselves upon Your Honours 
Compassion, as subjects of his Oppression, in truth and in fact are 
guilty of a Premeditated and unprovoked Association to oppose 
Your \:emo" in the legal Prosecution of his Business; and that in 
Consequence thereof they actually proceeded to the commission of 
the most illegal Acts of Force, Terror, Constraint, and Violence, in 
open contempt'and defiance of the Laws of their country, and to the 
Evil Example of all other His Majestys Loyal and Peaceable sub- 
jects: That allowing for those Improprieties which Your .Memo" 
truly disti'esstul and trying situation might naturally give occasion 
to {& he hopes in some measure excuse) he acted upon the whole 
with steady Integrity, ior the just and conscientious Interests of his 
Employer and with a becoming Spirit of Resentment of the violent 
and ungenerous usage he met with: — And that notwithstanding he 
was thus Insulted, threatened and used by those deluded and Infat- 
uated People, he has all along manifested the most considerate, and 
compassionate sense of their conduct, and a warm desire that they 
might see their Errors and not compell him into measures which 
were truly disagreeable to his Nature. 

All Your .N^emo" has to pi"ay, is, that You will seriously consider 
the premises; and it appears that an unmerited Accusation has been 
attempted to be made against him that you will do him that Justice 
which to Your Honours in your Wisdom & Goodness shall seem 
meet and particularly that you will direct M' Polk to return Your 
Memo" W Selwyn's Power of Attorney which he obtained and 
detains in manner aforesaid. 

And Your Memoriali.st etc. &c' Ac' 
Mecklenburgh Countv I HENRY E M'CULLOH 

25'" April 1765. j Copy 



32 COLONIAL RECORDS. 



[From MS. Records in Office of Secretary of State.] 

Letter from Henry E. McCulloh to Edmund Fanning 

Mecklenburgh County 9"" May, 1765 
Dear Ned 

More adventures yet — (Shall not the war of Sugar Creek be 
handed down to posterity ?) Pro ut patet per depositioncs multorum — 
Thy poor friend John Frohock — Abraham the father of the Faith- 
ful cmn iiniltis aliis — have undergone the Bastinado — and have 
been in Troth — well Striped Providentially detained liy par- 
ticular business I was not there — had I been present — I most 
assuredly & without any ceremony had been murdered ; — which in 
all probability would have made the Event much more fatal to my 
then present friends ; — their Guns were brought for that particular 

purpose. They declare solemnly — publicly, they will put me 

to Death : — they may be damned for a pack of ungrateful brutal 
Sons of Bitches : — I dont care : — I will tomorrow make my will : 
— & if they do, bequeath my Revenge with my Estate — Ned, thou 
shalt he one of my Executors & if the event should take place — 
one of their Executioners. — It made my heart quite full, M'hen I 
fii'st saw poor John, — inter pluriinos, — he got one damnable wipe 
across the Nose and Mouth, — and Abraham they say is striped from 
the nape of his neck to the Waistband of his Breeches, like a draft- 
Board ; poor Jimmy Alexander had very near had daylight let into 

his skull: a pack of Unmannerly Sons of BitcJics as Abraham 

called them This catastrophe was by me little expected — and little 
deserved, as thou mavst perceive by my papef to John Frohock ; — 
and I declare my Intention was to give them an opportunity of 
avoiding the consequences of their Errors; — & to restore things to 
peace. — ■ Cousin Billy — who will deliver you this can tell all about 
it: — he was one of the Tlira-^Jiccs,-:— John Frohock says I can hardly 
form an Idea equal to the horror of their Behaviour and Appear- 
ance. — Ned — can the Annalls of the history of this Country, 

parallell this affair, — omnibus consideratis eonsiderandisf Shall 

not my soul see its Revenge? — By the Eternal God, — it shall not 

be for want of my utmost Exertions. Did,st thou ever hear of 

such a thing as Grand Larceny, — or the BJnrl- act/' But these 
things, at present Snh Bosa 



COLONIAL KECORDS. 33 



1 have not time to write to any other of my friends Thou art 

my rienipo. — I would fain hope my friends would think of my 
situation and the Treatment I have received? — Have I not all along 
attempted every thing which would give them an opening for peace 
and forgiveness? Is not my life in the greatest peril? — my friends 
cruellj' abused for being so? — And circumstanced as I am, what 
am I to do — Should I submit to these sons of Sons of Bitches ! May 
quick perdition catch me if I do ! — 

Let this transaction be laid before the Gov & Council. It is all 
owing to the assurances of support from them, — which the)' are 
falsely made to believe : Surely my Cause is the Cause of Govern- 
ment, and demands their support and Interposition, — not opposi- 
tion. — I am at times mad enough to do anything. — I would fain 
have Colo Tryon acquainted by my friends of the true situation of 
affairs : — how would he have me to have acted or to act? — I know 
not how otherwise than as I have and am intended. — Moses brought 
me up my power of attorney from Maurice Moore — what business 
had he with it ? — Ned, I will not be oppressed out of my rights by 
any Combination, — and I will Call an}' of its supporters to a strict 
and proper account. — Whether I am ever to see you or not, I cannot 
tell. — I will endeavor to act as becomes an honest man, and a man 
of spirit cfe defy the Devil and his seduced. In the situation affairs 
are can I travel the woods without the justest apprehensions ©f 
being murdered: — Kill me they saij & no man will come after me — 
But my friend, be assured, my mind is perfectly serene : — and above 
being moved at these things : — I am a sort of predestinarian. — 
whatever will be, will be — If no accident happens to me, I will be 
at Corbinton, the last of the month, or very early in the next. 

I need not enlarge; the Depositions will give you the circum- 
stances fully : — and you and my friends will best judge what use 
to make of them. — I dejiend much upon Alex and M"' Jones. There 
are no more ejectments served, — and but tlie one writ executed ag' 
Polk. — Llave him taken upon another for the mesne profits — 
£1000 — Dont fail. 

Be good to Billy Alexander : — he is a good Lad & of a true and 

undaunted spirit: — and right clever — he will return with you and 

meet me at Corbinton : — I shall be impatient to see you. — I am 

got engaged in Scenes that are far from being agreeable but strong 

VOL. VII — 3 



34 COLONIAL RECORDS. 



in the consciousness of the Rectitude of my own actions, I will walk 
forward till I die, — and (barr a Damned Bullet) I am not in the 
least doubtful as to the event 

Remember me to all my friends, 
I am 

Dear Ned 

Ever thine 

HENRY E. M'CULLOH. 

P. S. ' If you see Mr Campbell tell him All's Well. Ned, take my 
friends' advice whether I have not a right to demand a proclama- 
tion from the Gov. & Coun', offering a pardon to any of the persons 
concerned in this last affair who will discover. The reward shall be 
my part — Their Behav' is felonious no doubt & punishable with 
death. I shou*" be proud to get such a procl" and which I most 
justly may demand — Let Billy have what money he wants — 



[From MS. Records in Office of the Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Newbern 15'" May 1765 
Present 
His Honour the Lieut Governor, 
r James Hasell Charles Berry 

I John Rutherfurd William Dry 

The Honble -l Lewis H. DeRosset Robert Palmer ,■ Esquires. 

John Sampson and 

1^ Alex M^CuUoh Benjamin Heron ^ 

His Honor the Lieut Governor, James Hasell, John Rutherfurd, 
Lewis Henry DeRosset, John Samp.son; Alexander M'Culloh, Charles 
Berry, William Dry, Robert Palmer and Benjamin Heron Esquires, 
took the Oath agreeable to Law appointed to be taken by An Act 
" Intitled An Act Concerning Appeals, and Writs of Error." 

Read the Petition of John Polk, on Oath setting forth the Griev- 
ances of himself, and in behalf of many other inhabitants, settled 
on the Lands of George Selwyn Esqr on the Tract N° 3, in Mecklen- 
burgh County, Against The Honble Henry Eu.stace M°Culloh, and 
also read the Memorial of the said Henry Eustace M°Culloh in 
answer thereto, together with the affidavits of John Frohock, 



COLONIAL RECORDS. 35 



Michael Holt, William Giles, Abraham Alexander, and Nathaniel 
Alexander — Upon which his Honour the Lieut Governor thought 
proper to put the following Question to the Members of this board. 
Whether the matters contained in the said Polks Petition of Com- 
plaint against the said Henry Eustace M°Culloh be cognizable 
before this Board or not ? When after mature deliberation it was 
the opinion of this Board, that they could take no cognizance of 
the same. 



[N. C. Letter Book S. P. G.] 
To THE Honorable William Tryon Esq' Commander in Chief 

IN AND over the PROVINCE OF NoRTH CAROLINA 

The memorial of the Inhabitants of the Town of Newbern and 
County of Craven in the said Province 
Humbly Sheweth. 

That there never has been in this Province any regular set- 
tled Schoolmaster. 

That Thomas Thomlinson arrived from England about 15 Months 
ago well recommended with regard to his abilities Sobriety and 
good Conduct and at our Request opened a school at the said Town 
of Newbern. 

That to encourage said Thomas Thomlinson as much as in our 
power a Number of the Inhabitants of the .-aid town and County 
as well as several of the adjacent counties who are very desirous to 
have their children under the Tuition of the said T. Thomlinson 
have subscribed considerable Sums of mone}' Part of which is 
already expended in purchasing Materials for the Building of a 
large and commodious School house that the said T. Thomlinson 
may be enabled to take a greater Number of Scholars under his 
Care and provide himself with proper assistant. 

That being fully sensible of the great advantage it must be to 
the rising Generation to have a good Schoolmaster settled in the 
Town of Newbern they are very desirous that the said T. Thomlin- 
son should continue amongst them as a Schoolmaster whom to 
their general satisfaction they have experienced to be well qualified 
by Precept and Example to instruct their children in such Branches 
of useful learning as are necessary in several of the Offices and 
Stations in Life and imprint on their tender Minds the Principles of 
the Christian Religion agreeable to the Establishment of the Church 



36 



COLONIAL RECORDS. 



of England. And your Memorialists having been informed that 
Salaries have been and continue to be granted for the Encourage- 
ment of Schoolmasters in Infant Colonies by the Honorable and 
Reverend Society for Propagating the Gospel in foreign Parts and 
being sensible that your Honour lias much at Heart the prosperity 
of this colony by having strongly recommended the Cause of 
Religion and Virtue to the General Assembly of this Province. 

Your Memorialists therefore humbly hope for your Honour's 
Application in favor of the said T. Thomlinson to the Society for 
the propagating the Gosj^el in foreign Parts that for his encourage- 
ment he may be allowed from Home such a yearly Salary as to the 
said Society may seem meet. 

And as in Duty bound your Memorialists shall ever pray. 

That the Honorable and Reverend Society may be well satisfied 
with Regard to his Abilities and Character the said T. Thomlinson 
has begged leave to refer to the Rev"* .John Brown D. D. Chaplain 
to the late Lord Bishop of London. 

Newbern 16. May 1765. 

JAMES REED Missionary 

Copy of the Original and of the Gentlemen's Names who 
attested it. 



THO' CLIFF" HOWE 
SAMUEL CORNELL 
JOHN WILLIAMS 
RICH" COGDELL 
RICH" CASWELL 
JAMES DAVIS 
PETER CONWAY 
JOHN CLITHERALL 
JACOB BLOUNT 
RICH" ELLIS 
FRANCIS MACILWEAN 
ALEX"' GASTON 
PHIL AMBROSE 
JACOB SHEPPARD 
JOS. JONES 
JOHN DALY 
WILL EUEN 
TIMO. CLEAR 
JN° PINDAR 
PAT GORDON 



JOHN FRANCK 
THO POLLOCK 
BERNARD PARKINSON 
WM. WILTON 
CHRIST. NEALE 
THO' SITGREAVES 
CORN GROSNENDEYK 
JN» GREEN 
JOHN FONVILLE 
LONGFIELD COX 
JNO SMITH 
CULLEN POLLOCK 
RICH" FENNER 
AMB. COX BAGLEY 
AND' SCOTT 
ANDR STEWART 
ELIU COTTING 
JNO. MOORE 
ALEX. EAGLES 



COLONIAL RECORDS. 37 



[From MS. Records in Office of the Secretary of State.] 

COUNCIL JOURNALS. 

* 

At a Council held at Newberu the 17"" day of May 17G5 
Pre.sent 
His Honour the Lieutenant Governor, 
r James Hasell Alexander RPCulloh 



Joseph Montfort & 
others Ex" of Jn° 
Elbank, Deceased 

Vs 
The Widow and 
children 



The I John Rutherfurd William Dry ^ j^^^ ^^j^.^^ 

Honble ] Lewis H. DeRosset Robert Palmer and ( ^ 

I^John Sampson Benjamin Heron J 

Heard the Ca.se argued relative to the Will 
of John Elbank, who in his first wifes life time 
made a will and had three Daughters by the 
said wife, which wife died the latter end of that 
year, soon after who's death, Mary the j'oungest 
daughter died being from that marriage — In 
the beginning of the year 1764. Mr. Elbank married his second 
wife (who now Caveats) and he died in October 1764 leaving this 
will, his wife then Ensient and since delivered of a daughter. 
Ordered that the Attorney Generals Opinion be had thereon — He 
being humbly of Opinion, that the particular Circumstances attend- 
ing the said Case, is a presumptive Revocation of the said Will, and 
the said J. Elbank died Intestate. 

Ordered that the said Will be Revoked, accordingly. And that 
Letters of Administration be granted the Widow. 

Read the Deposition of John -Frohock Esq'' and examined '\^"il- 
liam Alexander upon Oath, relative to Sundry Persons having 
assembled in a riotous manner and outrageoush^ beat and abused 
John Frohock, James Norris, Abraham Alexander, James Alexan- 
der, James Ross, Elias Alexander and William Alexander, who were 
surveying a piece of Land for the widow Alexander on Mr. Sel-n-jais 
Tract, Thereupon it is. Ordered, That a proclamation be issued offer- 
ing a pardon, to any two of the said Rioters, who shall first dis- 
cover to his Honour the Lieutenant Governor or Attorney' General 
the names of said offenders, so as they may be convicted and pun- 
ished according to Law, And that the Attorney General upon receiv- 
ing such information Do prosecute the said offenders in the most 
effectual manner. 



38 COLONIAL RECORDS. 



The following Proclamation was issued agreeable to the foregoing 
Order Viz. 

North Carolixa — ss. 

By the Honble William Tryon Esq", Lieutenant Governor and 
Commander in Chief in and over the said Province. 
A Proclamation. 

Whereas information on Oath hath made to me in Council That 
on the seventh day of this Instant May, in the County of Mecklen- 
burg several Rioters to the number of twelve or more, blacked and 
disguised and armed with Guns and Clubs to the Great Breach and 
Disturbance of His Majestys Peace and Government, Did violently 
outreageously and riotously assault and beat John Frohock Esq' and 
others employed by the Hon"° Henry Eustace M'Culloh in survey- 
ing and running out some surveys for persons settled in the Lands 
belonging to George Augustus Selwyn Esq'. 

In order therefore for the discovery of the said Rioters and that 
they be punished agreeable to Law, I thought fit by and with the 
advice and consent of his Majerty's Council, to issue a Proclamation, 
hereby publishing and Declaring that any Two persons concerned 
in the said Riot, who shall first appear and make information to 
His Honour the Lieutenant Governor, or His Majesty's Attorney 
General, of the names of the several Rioters, that they may be con- 
victed ; The said Persons so giving information shall be exonerated 
and freed from the punishment which the Justice of the Laws of 
their Country will require to be inflicted on them for the Commis- 
sion of the said offence. 

Given under my hand and the seal of this province at Newbern 
May IS"" Anno Domini 1765 — 

W" TRYON. 
By His Hon" Command 
Benjamin Heron Secretary 

God .save the King. 



COLONIAL RECORDS. 39 



At a Council held at Newbern the IS"" day of May 17G5 
Present 
His Honour the Lieutenant Govei'iior. 
James Ilasell William Drv 



rpu XT 1 1 ) Lewis H DeRosset Robert Palmer i t^, ,„•.„„ 
The Honble tic i ' Lsquires 

' John bampson and i ^ 



Alexander McCulloh Benjamin Heron 

Heard the Petition of Mr. John Rice praying His Majestys Writ 
of Injunction against William Herritage and others to stop levying 
an execution against him on a Judgment obtained in the Superior 
Court of Newbern, &c. 

Ordered the Injunction accordingly issue. 

His Honour Ordered a Proclamation be prepared to Prorogue the 
Assembly until Wednesday the 27'" day of November next. 

Ordered a Commission of Peace and Dedimus issuejor the County 
of Bertie, in place of former one by some accident lost. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Governor Fauquier of \'irginia 

New Berne 20'" May 1765 
As the event of the duel fought in March last at Brunswick 
between Lieutenant Whitehurst and Alexander Simpson, Master, 
both of the Viper sloop of war, has appeared in your public papers, I 
shall only acquaint you of the escape of the latter, from confinement, 
after a coroner's inquest had brought in a verdict of wilfuU murder 
against him ; In consequence of which escape, I issued a proclamation 
offering a reward of £50 proclamation money to whoever should 
re-apprehend him, I have occasion to trouble you with this intel- 
ligence, as it is conjectured he has been conveyed into your province 
by the assistance of some small craft or boat Mr Simpson married 
some months ago. Miss Anne Pierson, Daughter of Mrs Ramsburg, 
whose husband keeps a tavern in Norfolk, Mrs Simpsons return 
to Virginia gives some re-ason to suspect he has gone to her 
relatives ; the weak state of his health, and the dangerous condition 
of his wound strengthen this conjecture ; as in this condition it is 
not probable, he should undertake a long voyage. If you. Sir, 
should receive any intelligence of Mr Simpson, I beg leave to 



40 COLONIAL RECORDS. 



trouble you to communicate it to me ; as I think justice demands 
further enquiry into a conduct so extraordinary, as Mr Simson's 
appears to have in this unhajipy event. 

I am &c' 



[From Tryon's LkttivR Book. J 

Letter from Governor Tryon to Welbourne Ellis, Esq, His Majesty's 

Secretary at War. 

Brunswick, 26"" May 1765. 

Governor Dobbs, a few weeks before his death, accjuainted me 
Captain John Dalrymple obtained in 1761 or the beginning of 
1762, a commission from his Majesty, appointing him Captain and 
Commander of Fort Jolxnston on Cape Fear River, That on his 
arrival in this Province he behaved in a verj' disrespectfvil manner 
to the Governor, insisting he was not under the Governor's 
authority, but acting solely under the command of his Majestj'S 
Commander in Chief of the forces in America ; in consequence of 
which conduct, the Governor put Mr Dalrymple under an arrest ; 
which arrest I understood Mr Dalrymple broke, left the province in 
1762, and has never returned since. I hope as this fort is the onlj' 
one. remaining in the province, and this, very weak in its con- 
struction, I maj' be allowed to recommend a gentleman, whose 
spirit, diligence and' integrity I entertain a good opinion of; I do 
therefore request the favor of you, Sir, to laj' before his Majesty, the 
name of Mr. Robert Howe, as an officer qualified to beaf his 
Majesty's commission, as commander of Fort Johnstone, He is a 
native of Carolina, served in the last wars against the Indians, and 
is at present a Representative in the House of Assembly. Lord 
Adam Gordon, who did me the honour of passing a few days with 
me in his tour thro' America, will speak to the character of this 
gentleman. 

I am with all due respect, &" 



COLONIAL RECORDS. 41 



LEGLSLATIVE JOURNALS. 

[P. R. O. No. Carolina. B. T. Vol. 33.] 

North Carolina — ss. 

At an assembly begun and held at Wilmington the 3'' day of 
February in the year of our Lord 1764. And continued by several 
. Prorogations untill the 3" day of May in the year of our Lord one 
thousand soA^en hundred and sixtj-^-five, and in the fifth year of the 
Reign of our Sovereign Lord George the third by the Grace of 
God of Great Britain &c and then met at New Bern for the Dis- 
patch of public Business &c being the third session of this Assembly. 

In the upper House 
Present 

r James Hasell Chas ^ 

m XT 11 John Rutherford "William Drv r^ 

The Honble ^ Lewis DeRosset Rob' Palmer ( ^'''i'-''''^' 

[^ John Sampson Benjamin Heron J 

The House adjourned till 3 "clock this afternoon 

The House met according to adjournment 
Present as above. 

His Hon' the Lieu' Gov"" was pleased to command the attendance 
of the Comons House of Assembly in the upper House, who accord- 
ingly attended and his Honour deliv'' to both Houses the foll^. 
Speech viz' 

HoNBLE GeXTLEMEX 

M' Speaker & Gentlemen of the House of Assembly 

His Majesty having been graciously pleased 
to appoint me to preside as Lieut Governor in this Province, I have 
called you together immediately after my taking the Government 
upon me, that I might have your assistance in mj' Endeavour to 
Compensate to the Province for the Death of a Gentleman who has 
so long and so agreeably discharg'" the Important trust reposed in 
him by his Majesty, and by his Royal Predecessor, of Happy 
Memorv 



42 COLONIAL RECORDS. 



It has been a Great Happiness to the Inhabitants of this Province 
to have enjoyed I might almost say a General security and repose 
while others of his Majestys Colonies on the Continent, have been 
Uai'ass'd both by the Indians & European Enemies ; they now 
Enjoy with us the blessings of that general tranquility which the 
good Providence of almighty god, the Wisdom of his Majestys 
Councils and the Conduct and bravery of his commanders and 
troops have so Happily obtained & Established 

Altho Gentlemen, You have had Little Experience of the Calam- 
ities of war, I am yet confident you are not the less sensible of the 
advantages of Peace, nor the less thankful to our Gracious Sovereign 
who so Ardently and so Effectually Laboured to restore it to his People 
I doubt not but you will Avail yourselves Accordingly of this season of 
Tranquility to promote the welfare and prosperity of this flourishing 
Colony, As the best means to do so, give me leave to recommend to 
you a strict Examination into the state of your Public funds ; and 
an Inviolable Observance of PuVjUc faith, which cannot fail to give 
the People of Great Britain a good opinion of the Credit of this 
Province, and must in its Consequence essentially tend to promote 
the Trade Commerce and Welfare of this Colony, the effect of which 
good Purposes I shall endeavor by my future Conduct to convince 
you, I have extremely at heart. 

I have received Instructions to recommend to you the reenacting 
an Act for making provision for an Orthodox Clergy passed in 1762 
free from the objections which were made to that Act: A copy of 
which Instructions with the objections to the said Act I have 
ordered to be laid before you, for your consideration and at the 
same time recommend to you the Establishing one Clergj'man for 
each parish at the General Expense of the Public to be paid by the 
Public Treasurers ; A number so small in respect to the Extent of 
the parishes, that were not the good ends to be effected which I 
most Ardently wish and sincerely believe will acrue from such 
appointments the Burden would be inconsiderable to the Province 
and the sallary need never to extend to any greater Number of 
Clergy under the same Limitation. In this Instance I must more 
particularly address myself to the Members of the Church of Eng- 
land ; and desire them to reflect on the present state of religion in 
this Province and of the Little prospect there appears of its ever 
being Properly Established if they but a little while longer suffer 
their persuasion to lay under a General Neglect; I ground my 



COLONIAL RECORDS. 43 



opinion on the Encreasing Numbers of the Different Secetaries in 
this Province ; who in a shoi't period of Time may be the Majorit)^ 
in all Public Assemblies, each of which may then possibly Incline 
to Establish his own Persuasion ; in Preference to the Established 
Religion at home. If I have pointed out any Consequences that 
are likely to Attend the continuance of the Neglect of our Religion. 
I hope no persons of a Different Persuasion will Imagine I am an 
Enemy to Toleration. I profess myself a warm advocate for it, in 
the fullest Extent of his Majestys Indulgence, Yet I must inform 
them I never heard Toleration in any Country made use of as an 
Argument to Exempt Dissenters from bearing their share of the 
Support of the established Religion ; I therefore hope to meet with 
your joint concurrence in framing this Act, and Trust you will be 
convinced it is for the Happiness of the Country that Religion 
should have but one head, How many Members soever there may 
be to the body 

Gentlemen of the House of Assembly 

I shall Lay before you a Letter from his Majesty's Prin- 
cipal secretary of State relative to the establishing a post throughout 
this extensive Continent: and I hope you will make such ample 
Provision to Defray the Expense the post master General may find 
necessary in the Route he directs to be taken thro this Province, as 
will render his Majesty's Intentions the most Effectual 

I am sorry for the loss j'ou have sustained by the Death of the 
Late Treasurer for the Southern District: and wish a person maybe 
found to succeed him whose abilities, character & Experience in 
Public Affairs, may give reasonable hopes of his Acting in that 
Important office w'" the integrity and punctuality equal to that of 
his predecessor. 

As this busy season of the year will necessarily require your 

attention to your Domestick Affairs, I shall Defer mentioning other 

conditions I have to recommend to you to a more favourable'Oppor- 

tunity, when I shall also be Better prepared to Lay them before you 

Honourable Gentlemen 

and Gentlemen of the House of Assembly 

Let unanimity & Despatch cement our endeavours for the Public 
Service : and let our actions be Directed solely by Principles of Pub- 
lic Utility : for my own part, I can with the utmost sincerity declare 
that no other consideration shall have any Influence on my conduct : 
convinced that by Acting from such Motives I can best fulfill his 



44 . COLONIAL RECORDS. 



Majesty's most Gracious Intentions in sending me here, as well as 
my own endeavours to render Acceptable service to this country 

Guided by the same Principles, I shall ever think it equally my 
duty to preserve the People in their constitutional Liberty as to 
maintain Inviolable, the Just and Necessary Rights of the Crown. 

Then On motion his Honors speech was taken under consideration 
& ordered to be read the same was read and ordered that the Hon"' 
Lewis DeRosset, Robert & Benjamin Heron Esquires to be appointed 
a committee 

Then the House adjourned till 10 "clock tomorrow Morning 

Saturday Morning 4"" May 1765 
The House met according to adjournment 

Present as before 
Then the House adjourned till 10 "clock on Monday Morning 

Monday Morning 6"' May 1765. 
The House met according to adjournment 
Present 

( James Hassell to ) 

The Honb'^ \ Jno Rutherford J"" Sampson ( ^ 

[Lewis DeRosset Benj^ Heron j 

The committee appointed by this House to Draw up an address in 
Answer to His- Hon" the Lieu' Governors speech Reported that 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 and be entered in the Journal as follows viz' 

To THE Hon"° Ckj'" William Tryon Lieutenaxt Governor and 
Commander in Chief in and over His Ma,iestys Province of 
NoR'rti Carolina 
The Humble address of his ^[ajestys Council to the said Province. 
Sir 

We His Majestj's most dutiful and Loyal subjects '.the members of 
his Council beg leave to return j'^our Honor our sincere and hearty 
thanks for your speech at the opening of this session. We Embrace 
the opportunity of congratulating j'^our Hon' on your Accession to 
the Government and with hearts filled \friih Gratitude Acknowledge 
His Majestys Paternal goodness in appointing a Gentleman of your 



COLONIAL RECORDS. 45 



Hon" Ability & Integrity to preside over us, the Greatest compensa- 
tion we could have had for the loss we sustained by the Death of his 
Excellency our late worthy Governor. 

Your Honour may be assured that our best Endeavours shall be 
Exerted to render y' Administration Happy and Prosperous 

The Calamities of the war, of which we have had some small Expe- 
rience has taught us to set a true value on the Inestimable bless- 
ings of Peace Procured to us under the Divine Providence by the 
Wisdom of his Majesty the Steadiiiess of his Councils and the 
bravery of his Troops, and to Avail ourselves of those Advantages 
we shall heartily Join in promoting the Interest and Welfare of this 
Province Examining the State of our funds, suli'ering no breach to 
be made in the Public Faith and thereby promote the Increase and 
Trade of this Colony. 

It is with singular satisfaction we observe your Honours Attach- 
ment to the Established Church, of which we profess ourselves mem- 
bers That Christian Spirit void of Enthusiasm or Bigotry which so 
fully appears in your sentiments, gives us hopes that it will Influ- 
ence the other House to join us in Passing an Act for Establishing 
an Orthodox Clergy free from those objections made to the last Act 
passed for that purpose, we are fully convinced that nothing can 
tend more to Inculcate the principals of Piety and ^'irtue than to 
Establish the Clergj' on a respectable footing. 

The other Matters j^our Honour has been pleased to recommend, 
we shall take into our Serious consideration and shall heartily join 
the other House in passing such Bills as may best answer the Good 
Purposes your Honour has in view. 

We must Acknowledge ourselves at a loss to express our feelings 
at that candor and goodness of heart which appears in 3'our Honours 
sentiments Permit us however S' to say that we shall endeavour to 
banish Discord (the bane of Government) and Imitate those amiable 
qualities of Benevolence and love for the Public good so Conspicuous 
in your Honour and hope our Conduct in all cases will deserve your 
Approbation. 

Then the House adjourned till tomorrow morning 10 "clock 



46 COLONIAL RECORDS. 



Tuesday Morning 7"" May 1765 
The House met according to adjournment. 
Present. 

r James Hasell Alex M'GuUoh 

TKc w^,iM6 I Jo^^" Rutherford William Dry i -n, „ 

iheMon j Lewis DeRosset Robert Palmer f^^*l 

I^John Sampson Benj' Heron j 

This House waited on his Honour the Lieu' Governor & by the 
Honble Jam^ Hasell Esq' presented him with their address to which 
His Honor was pleased to make the following Answer, viz' 

Honble Gentlemen 

Your dutiful and Loyal Sentiments of Affection for our Sovereign 
cannot fail to give his Majesty satisfaction ; and your assurance to 
Exert your endeavours for the Public advantage and the Happiness 
of my administration are most acceptable to me. 

I thank you for your serious attention to the necessary considera- 
tion I have recommended to you, and am pleased to find you coin- 
cide with my wishes to see Religion on a respectable Establisliment 
in this Province 

The principles you laj' down for your Conduct are Justly com- 
mendable, and be assured you Will find me alwaj's ready to co- 
operate with his majestj-^s Council in such measures as are likely to 
Produce the most satisfactory eft'ects 

-Then the House adjourned till 10 "clock tomorrow morning 

Wednesday Morning 8"" May 1765 
The House met according to adjournment 

Present as above 
Then the House adjourned till 10 "clock tomorrow morning 

Thursday Morning 9"" May 1765. 
The House met according to adjournment. 

Present as before. 
Rec'' from the Assembly by M' Knox and M' Bond the following 
Bills to wit 

A Bill for appointing a Public Treasurer for the Southern District 
in the room of John Starkey Esq" deceased. 



COLONIAL RECORDS. 47 



A Bill to enable the Post master Gen' to carry on the Post thro 
this Province 

A Bill for Altering the times for holding the Superior Courts of 
Pleas and Quarter Sessions for the County of Cumberland 

On Motion read the first time and ordered to lie on the table for 
consideration. 

A Bill for the better regulating of the Town of Nixonton & for 
confirming and establishing the late survey of the same with the 
Plans annexed. 

Then the House adjourned till 10 "Clock tomorrow morning 

Fryday Morning 10'" May 1765 
The House met according to adjournment 
Present 
( James Hasell John Sampson ) 

The Hon'" - John Rutherford Alex: M'Culloh V Esq" 

( Lewis UeRosset Benj' Heron j 

On motion the following Bills were ordered to be read viz' 

A Bill to enable the post master General to carry on the post thro 
this Province, read the same the first time & passed 

A Bill for appointing a Public Treasurer for the southern District, 
in the room of John Starkey Esq' deceased read the same the first 
time and passed 

Received from the Assembly by M' Barrow & M' Bell a Bill for 
Establishing orthodox clergj^ On Motion, read the same the first 
Time & passed. 

Received from the Assembly by M" Brown & M' Bonnar a Bill to 
■enable the Lihabitants of this Province to Discharge Judgments 
Execution and all public Taxes with commodities On motion read 
the first time & jaas.sed. 

Received from the Assembly by M' Howe & W Parsons the fol- 
lowing Bills to wit. 

A Bill to amend part of an Act Intituled an Act for regulating 
the Pilotage of Cape Fear River and other Purposes. 

On motion read this first time & passed. 

A Bill to Impower the sheriff of Orange county to collect a Tax 
•of one shilling & sixpence proclamation money Laid on the Taxable 
persons in the said county by an Act of the Assembly of this 
Province passed in the 4th year of the reign of his present Majesty. 

On Motion read the first Time & passed. 



48 COLONIAL RECORDS. 



On Motion the Bill for the better regulating of the Town of Nix- 
onton and for confirming and establishing the Late survey of the 
same with the Plan Annexed was read the first time and passed. 

Then the House adjourned till 10 "clock tomorrow morning. 

Saturday Morning 11"' A'ay 1765 

The House met according to adjourment 
Present 
C James Hasell Alex M'Culloch "| 

rru XT 11 Jn° Rutherfurd W" Drv rr^^.. 

The Honble -^ewis DeRosset RobertPahner f ^^'^ 

I^John Sampson & Benj" Heron J 

Received from the Assembly by M' Taylor & M' Mackelwean the 
folio* Bills, To wit. 

A Bill to Amend an Act Intitled an Act to prevent the Exporta- 
tion of unmerchantable commodities; on Motion read the first time 
& passed. 

A Bill for the better regulating of the Town of Nixonton and for 
confirming & Establishing the late Survey the same with the Plan 
Annexed 

On Motion read the Second Time and passed 

A Bill for appointing a Public Treasurer for the Southern District 
in the room of John Starkey Esq™ Deceased 

On Motion read the Second Time Amended & passed. 

Received from the Assembly by M' .Moon & \l' Blount the follow- 
ing Bills viz' 

A Bill for Opening & Cutting Two Roads from the Ferry in the 
North west river opposite Eagles Island in Brunswick county & other 
Purposes 

Read the first Time & passed 

A Bill to Amend part of an Act entitled an Act for regulating the 
Pilotage of Cape Fear river & other Purposes 

A Bill to impower the sheriff' of Orange county to collect a Tax of 
one shilling & sixpence Proclamation Money Laid on the Taxable 
persons in the said County by an Act of the Assembly of this 
Province Passed in the 4"" year of the reign of his present Majesty 
read the Second Time & passed. 

Received from the Assembly by M' Harvej^ & M' Caswell a Bill 
for appointing a printer to this Province 



CULONIAJ. lUiCOUDS. 49 



Ktr" from the A^sselul)ly by M' Canipliell it M' (iiliscii a liill for 
Enlarging th;' time allowed for Saving Lots in tlie Town of Camliel- 
ton & Tarborongh & other Purpose.s 

Then the House adjoni'iu'il till !<> "cluek on Monday morning 

Monday morning 13"' May IKio 
The House met according to adjournment 
Pre;jent 
r James Hasell W" Dry ] 

,p, 111, Lewis DeRosset Robert Palmer ., „ 

1 he Honbis t u e , Lsfi 

I J no .Samp.son & ' 

1^ Alex M"Culloch Benj* Heron J 

On ^Motion the bill for Enlarging the Time allowed for .Saving- 
Lots in the Town of C'ampbelton & Tarborongh and other Purpose.s 
was read the first time & passed 

Rec'' from the Assembly by M' Cmnmings it M' Montfort the fol- 
lowing Bills to wit 

A Bill for Facilitating the Navigation of Port Bath Port Roanoke 
& Port Beaufort 

On Motion read the first time it passed. 

A Bill for altering the Times of Holding the Inferior Courts of 
Pleas & Quarter Sessions for the ( 'ounties of Pitt Hyde Beaufort 
Bertie ct Halifax 

On Motion read the first time ct passed 

A Bill for appointing a Public Treasurer for the southern Division 
in the room of John Starkey Esq'' Deceased 

A Bill for the better regulating of the Town of Xixonton and for 
Confirming and Establishing the Late Survey of the same with the 
Plan Annexed 

A Bill to Impower the Slieritf of Orange County to Collect a Tax 
of one shilling & six pence Proclamation money Laid on the Tax- 
able persons in the said County by an Act of Assembly of this 
Province passed in the 4"' year of the reign of his j^resent Majesty 

On Motion the bill to amend i)art of an Act Intitled an Act for 
regulating the Pilotage of Cape Fear ri\er and other Purposes was 
read second Time amended & passed. 

Then the House adjourne<l till !) "clock tomorrow morning 



50 C()L()NIAL RECORDS. 



Tuesday morning 14"" May ITfiS 
The House met according to adjournment * 

Present, 
r James Hasell " Alex M^Culloch 1 

The Hon- Join? Rutjjerfurd ^^^^^ 

Lewis DeRosset -n i i.' r> i 

r 1 c Ro )ert Palmer 

John bampson t> ■, tt 

1^ '■ rienj Heron J 

Rec'' from the Assembly by M' Howe & IVP Blount the following 
bills (to wit) 

A Bill for Establisliing an Orthodox Clergy, read the second time 
amended & passed 

A Bill confirming the Title of W" Dry Escjuire to certain ^Lands 
therein Mentioned 

On Motion read the first time and passed 

A Bill for Enlarging the time allowed for saving Lots in tlie 
town of Campbelton & Tarborough & Other Purposes 

On Motion read the second time and passed 

Rec'' from the Assembly by M' Brown & W Giles the following 
Bills viz' 

A Bill to Amend part of an Act Intitled an Act for regulating 
the Pilotage of Cape Fear river and other Purposes. 

•A Bill for Facilitating the Navigation of Port Bath Port Roanoke 
<fe Port Beaufort 

A Bill to Enable the Inhabitants of the Province to discliarge all 
Public Taxes with C^ommodities 

A Bill for the Opening & Cutting two roads from the Ferry on 
the North West river opposite to Eagles Island, in Brunswick 
County & other purjioses 

A Bill for altering the times of liolding the Inferior Courts of 
Pleas & Quarter .Sessions for the Counties of Hertford Bertie & 
Halifax. 

Rec"' irom the Assembly by M' Howe & M' Blount a bill Con- 
firming the Title of William Dry Esquire to Certain Lands therein 
Mentioned. 

Then the House adjourned till tomorrow morning 10 "clock 



COLONIAL KECOKDS. 51 



Wednesday morning lo"" May, 1705 

The House met According to Adjournment. 

Present 

r James Hasell Chas Berry 

Ti.^ T4„„i.i,. Lewis DeRosset W"" Dry ' i t^ „ 

Ine Monble • t „ •, - Lsq 

J no bampson and i ^ 



l^ Alex M^Culloch Benj' Heron 

On motion the following Bills were ordered to be read viz' 
Bill for altering the times of holding the Inferior Courts of Pleas 
and quarter sessions for the Counties of Hertford, Bertie & Halifax 

Read and ordered to lie on the Table 

A Bill Confirming the Title of William Dry Es(|' to certain Lands 
tlier^in mentioned 

Read the second time amended and Passed. 

A bill to Enable the Lihabitants of this Province to discliarge all 
Public Taxes with Commodities. 

Read the second time and passed. 

A Bill for opening & Cutting two Roads from tlie Ferry on the 
Northwest river Opposite Eagles Island in Bmnswick County and 
other Purposes 

Read the second time and Passed witli amendments. 

A Bill for Facihtating the Navigation of Port Batii Port Roanoke 
& Port Beaufort 

Read the second time amended and passed 

A Bill to impower the Sheriff of Orange County to Collect a Tax 
of one shilling & six pence proclamation money laid on the Taxable 
persons in the said County by an Act of the Assembly of this Prov- 
ince pa.«se(l in the 4"" year of the reign of his present ilajesty. 

Read the third time and ordered tliat tlie following Message be 
sent to tlie Assemlily viz' 

M' Speaker & Gentlemen of the Assembly 

On reading the third time in this House the bill to impuwer the 
sheriff of orange county to collect a tax &c We find that there is a 
Mistake in the first Clause of the said bill that would Defeat the 
Intent of the l)ill ; we therefore propose that that clause be deled and 
the foll^. one be Inserted instead thereof (to-wit) 

Be it Enacted by the Lieu' Governor Council & Assembly and by 
the Authority of the same that the .said Poll Tax of one shilling and 
sixpence for each Taxable in the county of Orange part of the Pub- 



52 COLONIAL RECORDS. 



lie Tax omitted by the said Thomas Hart in his collection in the 
year 1763 shall be received & collected by the sheritf of Orange 
County in his Collection of Public Taxes in the year of our Lord 
1765 which said Tax of one shilling and sixpence so Collected shall 
by him be Accounted for and paid to the Treasurer of the District 
in the same manner and under the like penalties as are by Law 
Directed for the Collecting accounting for and paying of other Pub- 
lic Taxes to which amendment if your House agree be pleased to 
send such of your members as you think Proper to see the same 
made. 

By order J B Clk. 

A Bill to amend part of an Act Intitled an act for regulating the 
Pilotage of Cape Fear river and other Purposes was read the third 
time and ordered tliat the following Mes.sage be sent to the Assem- 
blv viz' 

On reading in this House the third time the bill to amend part of 
an Act Intitled an Act for regulating the Pilotage of Cape Fear River 
and other purposes We observe you have deled the clause for rating 
the Pilotage and have not Deled the Clause immediately following 
whicli relate thereto only — We therefore would propose that that 
clause fixing the rate for Pilots be Stefed or the Clause referring to 
it be deled — We also observe that you have deled the Clause laying 
an additional duty on Vessels of sixpence 1^ Ton as there is an 
absolute necessity that such a Duty should be laid for the purposes 
therein mentioned. We propose to stet the same to be in force for 
twelve mojiths only and for an Encouragement to the Pilots to do 
their duty we wraild propose, that the following Clause be added to 
the bill 

And be it enacted by the Authority aforesaid that any person who 
shall presume to Pilot any Vessell unless in Distress not having a 
regular Branch according to the Directions of the before recited Act 
Shall forfeit and pay Twenty pounds proclamation money for every 
such offence to be recovered by any person sueing for the same in any 
Court having Cognizance thereof by Action of Debt, Bill plaint or 
information wherein no Ensoign Injunction protection or wager of 
Law shall be allowed of We also propose that the following 
Proviso be added to the said Bill viz" — Provided always that no 
Lighter or Smaller ^^essell belonging to the River of Cape Fear, 



COLONIAJ. RECORDS. 53 



that may be seat to any of the Ports or Inlets along the ('oast for 
Tax or other Effects, shall be obliged to pay auj' Pilotage unless 
the -master of such Lighter or ^'essell take on Board a Pilot in 
which case the Pilot Piloting the said Vessell may Demand and 
receive the same Pilotage as he may be Entitled to by the before 
recited Act — If your House agree to these amendments ; you will 
be pleased to send such of your Members as you think Proper to 
see the same Inserted In the Bill 

Then tlie House adjourned till tomorrow morning Id "clock 

Tluirsday Morning IH"' May ITHo 
The House met according to adjournment 
Present 
James Hasell , ,, . , r>. , . . 1 

John Rutherford W T) ■ • 

The Honble ' Lewis DeRosset „ \" i^'i) i Esquires 

T 1 ^1 Robert Palmer '■ '■ 

John Sampson •,:, •„ tt 

VI Afc^^i 11 •! Benf Heron 

l^ Alex M'LuUoch =■ 

Received from the Assemldy by M' Bond & M' Jones the following 
Resolve viz' 

Gextleme.v of his Majesty's IIoxble Couxcil 

On Consideration had on a Message from His Honour the 
Governour to this House and the Papers therein sent: which 
Papers we send your Hon" w"" this Message; This House have 
resolved that the sum of £7(3 be allowed and paid to the Petitioner 
Peter C'has out of the Monies that shall be paid unto the Committee 
of Accounts at the Next Session of Assembly on the Sinking Fund 
and Desire your Hon" Concurrence therewith 

JXO ASHE Sjieaker 
By Order W" Heritage Clk 

lo">"May 17()5 

Then on Motion the foregoing Resolve was taken under Consider- 
ation and Concurred with 

JAMES HASELL Presd' 
By Order J B V\k 

Received from the Assembly by M' Simpson i.t M"' AN'yns the fol- 
lowing Bills viz' 



54 COLONIAL RECORDS. 



A Bill for Establishing an Orthodox Clergy 

A Bill for confirming the Title of W"" Dry Esq' to certain Lands 
therein mentioned 

On Motion read the third time & passed, ordered to be Engrossed. 

A Bill for Opening & cutting two roads from the Ferry on the 
North West River Opposite to Eagles Island in Brunswick County 
and other Purposes 

On Motion read the third Time & passed — ordered to be 
Engrossed 

A Bill to amend an Act Intitled An Act to prevent the Export- 
ation of unmerchantable Commodities — (^n Motion read the Second 
Time & rejected 

A Bill for Eidargiug tlae Time allowed for saving Lotts in the 
Town of C'ampbelton & Tarborough and other Purposes 

(Jn Motion the Bill for Establishing an Orthodox Clergy was 
read the third Time & Ordered that the following Message be sent 
to the Assembly viz' 

M' Si'EAKKR .\xi) Gentlemen of the Assembly 

On reading a third Time a Bill for establishing an Orthodox 
Clergy — We think the Repealing Clause there in contained is 
penned in too general Terms and therefore Propose that the first 
part of the repealing Clause to the word Except, be Deled, and 
instead thereof that such repealing Clause shall run in these words 

And be furtlier Enacted by the Authority aforesaid that all 
& every Act tt Acts heretofore Passed relative to tlie making pro- 
vision for an Orthodox Clergy and all and every Clause and 
Article contained in any such Act or Acts Except ifec as in the 
Bill — to which Amendment if you agree please to send two of 
Your Members to see the same Made 

ISy order J B Clk 

Rec'' from the Assembly by M' Simpson & INP ^\'ynns the follow- 
ing Resolve viz' 

Gentlemen of his Ma,testys Hon'''' Council 

The Assembly having taken into Consideration the ( ieniral Advant- 
age that will arise to this Province from liaving a public Post 
established therein & that the common Profits arising on the Con- 
veyance of Pack(|uets and Letters will not be sufficient to Defray 



C'OJ.OXiAL RECORDS. 55 



the Expenses tliereof & being Desirous, that a Matter of such Public 
utility should take eftect but not having Proper information what 
sum will bo a suitable Encouragement for tlie Post master General 
to establish such a post, on which Account it is thougiit in some 
measure premature to pass any Law relative to the said Matter. 
Have' therefore Resolved that M'' Jolm Harvey M'' C'orbin Mr Pol- 
lock M' kSamuel Johnstone and i\P Charles Blount be it they are 
appointed a Conmiittee to contract and agree with the Post Master 
General or his Deputy to cause a person or persons to ride post & 
through this Province & to carry all public dispatches and Letters 
to & from Suffolk in "\"irginia to the Southern Boundary of tliis 
Government as often as Conveniently may be & to allow to the 
said post master General or his Deputy for due performance of such 
service a sum not exceeding the rate of one hundred ct tliirty three 
pounds six shillings & eight pence p Annum Proclamation money 
to be paid out of the public Treasury by a AVarrant from the Goa^- 
ernor or Connnander in cliief for the time being & to report their 
proceedings therein to the next General Assembly and the Agree- 
ment wliich the said Committee or Majority of them shall so 
enter into for the Purposes Aforesaid shall be and remain in full 
force And after a public jjost shall be estabjished as aforesaid 
& from thence to the end of the next session of Assemlily and 
no Longer and Desire your Honours Concurrence 

JNO ASHE Speaker 
By order W" Hkrkitage Clk 

IS'" May 1765 

On motion tlie alcove resolve was read and taken under Consider- 
ation et concurred with 

JAS PIASELL President 
By ..r.ler J B Clk. 

On ^,'otioll the Bill for ap|)ointing a }iublic Treasurer for the 
Southern District in tlie room of .Jolm Starkey Esi|'' deceased was 
read the third time & ordered that the following Message be sent 
to the Assembly viz' 

M" SpKAKKI! it GexTI.KMJvN of THK AsSKMUl.V 

On rea<ling the tliird time the Bill for ajijiuiuting a Public 
Treasure]' for tlie Soutliern Di.^trict in tlie room of Jolni Starkev 



56 COL(JNIAL RECORDS. 



Esq' Deceased We have Deled Lewis DeRosset Nominated in this 
House for the vacancy & have Steted that Richard C'aswell Esq'' 
that was Deled in this House ; We therefore proi)ose that the name 
of Lewis DeRosset be Steted and that of Richard ( 'aswell be Deled 
Otherwise we cannot pass the Bill — If you agree to this Amend- 
ment please send Two of Your Members to see the same made. 

By order. J B ('Ik. 

K)'" May 1765 

Received from the Assembly by M' Harvey & M' Cuniming the 
following Message viz' 

Gentlemen ok his Ma.iesty.s Hoxble Council 

In answer to your Message of Thursday Relative to the Bill 
for appointing a Treasurer for the Southern District in the room 
of John Starkey Esq'' Deceased wherein you prepose to Dele Rich- 
ard Caswell Esq'' and xfetiiig Lewis DeRosset Esq' to which. Proposi- 
tion we do not agree. Therefore Desire your Hon" will ]iass that 
Bill as it was sent you from this House 

16'" May 1765 ' JNO ASH Speaker 

<Jn Motion the foregoing Message was taken under consideration 
& the Bill thereto referred: And the .said Bill be Rejected Xevt 
Coidfi 

Received from the Assembly by M' Harvey & M' Cummiug the 
following Message vi/.' 

Cientlemex uf his Ma.iestys Hoxblk Council 

On reading your Message of yesterday Relative to tiie Bill to 
amend part of an Act Intitled an Act for Regulating tlie Pilotage 
of Cape Fear River &c 

This House agree to Dele the Clause immediately foll<iwiu»;' that 
for rating the Pilotage — In the Insertion of that you projiose laying 
a penalty of seventy pounds On any person (not a Branch Pilot for 
Piloting ;;;;y ^"essell) only adding after the word Ves.sell (unless in 
Distress We also agree to the Provisional Clause you mention to 
be added and send M' John Harvey and \V Cunnning Iwo of tlie 
Members of this House to see the said Alteratioris made — To tliat 
part of your Message wherein you observe we have Ihtrd the 



COLONIAL KICCIORDS. 57 



flausf for laying an additional duty of six pence 'p' ton ])ro})os(' to 
.state the .same we cannot agree tlieretn 

JNO ASIIE .Speaker 

' By Order W H Clk 

Ki'" May IKi') 

(hi reading the foregoing message it was agreed that the words 
unless in Di.stres.s be Inserted which was done in presence of the 
Members tlierewith sent, and then on motion the Bill message and 
answer was again read eon.sidered & Rejected. 

Received from the As.sembly by M"' Harvey ife M'' Cumming the 
following message viz' 

Gextlemex of His M.v.jestys Honble Couxcill 

To the (l(l('i))(/ the clause you proposed to the bill to Impow' 
the Sheriff of Orange Count}' to collect a Tax of one shilling & 
sixpence ttc and Inserting another in the room thereof mentioned 
in your Message of yesterday relative thereto this House agree and 
send M' John Harvey & M' Cumming two of the Members of this 
House to see the one 'Dclrd & the other Inserted instead thereof 

•JNO ASH Speaker 

Tlien on motion the afore.said amendment was made in the said 
Bill in presence of the jVIembers sent for that ]:)Urpose and then the 
same was again read with the amendmen.t and ]iassed 

Ordered to be engrossed. 

Received from tlie Assembly by Mr. llarvy ct M' Cumming tlie 
following Bill viz' 

A Bill to Enable the Inliabitants of this Province to Discharge all 
Public county & parisli taxes witli conunodities 

A Bill for Facilitating tlie Navigation of Port Bath Port Roanoke 
and Eort Bt^aufort 

On motion read tlie tliird time and jiassed — ordered to be 
engrossed 

Received from the Assend>ly Ijy M' T]u)mas Howe tt M"' .James 
Moore the following Message viz' 

Ctext'" of his Majestys Hoxble Couxcil 

On reading your Mes.sage of this day relative to the bill for 
Establishing an orthodox clergy wherein you tiiink tlie Rejiealing 



58 COLONIAL RE('(,)RDS. 



clause ill that Act is jjcnned too CTcneral, and propose that the first 
part of the said chiuse to the word Except be Deled and instead 
tliereof to Insert a repeaUng clause as you therein mention to which 
this House agree and send M' James Moore and M' Thomas Howe 
two of the members of this House to see the same Inserted in that 
bill. 

Tlien on Motion tlie amendment in tiie said bill was made in 
presence of M' John Moore & M"' Howe members sent for that pur- 
pose & the Bill was again read the third time & passed with Amend- 
ments. Ordered to be Engrossed. 

Then the House adjourned till tomorrow morning 10 "clock 

Friday morning 17'" May 1765 
The Hou.se met according to adjournment 
Present 

f James Hasell Alex MHJullock "] 

rill T T 1 1 I Jiio Rutherford W" Dry ,, „ 

IheHonble \ j ■ t\ t> j. d i t r>' i , Lf^'l 

Lewis DeKosset liob ralmer ^ 

(^ Jno Sampson Beiij" Heron J 

On Motion the Bill to Enable the Inhabitants of this Province to 
Discharge all public county & |>arish Taxes with commodities was 
read the third time & Rejected. 

Rec"" from the Assembly by M' Howe & M'' James Moore the fol- 
lowing Resolve dated the IB"" iMarch 17H5 viz' 

Gkntlemkx of His Ma.ikstys Hoxbli; C'orxcii, 

This House have Resolved that William Godfrey Ijc paid out 
of the public Treasury from the Contingent Fund the sum of Ton 
pounds for his service and Expen.se in Transmitting a Copy of tlie 
Laws of last Session of Assembly from Wilmington to James Da^■is 
Printer in Newbern and Desire your Hon''^ concurrence thereunto 

JNO .VSHE Speaker 
By order W" Heki'iauk <_'lk 

It)'" Marcli 1765 

Tlieii on M(.itioii taken under consideration & orilered to lie on 
the tal:)le 

Rec'' from the Assemldy l>y ,M'' Harviy tt M' Knox the following 
Resolve 



COLONIAL RECORDS. 59 



Gentlkmkx ok His Majkstvs Honhm-; Corxcii, 

Whereas it is aecessavy that the Laws to be passed this Session 
of Assembly be printed & Transmitted to the several Counties 
within this Province, It is therefore Resolved that James Davis of 
the Town of New Bern be and is hereby Appointed to ])rint the 
Laws & Journal of this Session of Assembly and all public Acts of 
Government and that he Transmit two Copys of the said Laws and 
Journals to His Hon' the Lieu' Governor One to the Chief Justice 
and his Associate for each District, one to each Member of Assem- 
bly, one Copy to the Clerk of each Superior Court — Fifteen Copys 
to each Inferior Court Clerk for the use of the Justices and one to 
every such Clerk for the use of the court within three months after 
the said James Davis shall have Rec* attested Copys of the said 
Laws and Journals. And for this service he shall be paid by the 
public Treasurer or either of them by a warrant from the Governor 
or Command' in Chief for the times being the sum of one Hundred 
Pounds Proclamation money ; and if he shall be guilty of any 
Neglect in not Complying with this Resolve there shall be a Deduc- 
tion out of such Allowance made by the Assembly and Desire your 
Hon" Concurrence 

By order W A Clk M' ASHE Speaker 

17'" May ITli-") 

On motion the foregoing Resolve was taken into (Consideration. 
Ordered the same lie on the Table for further Consideration. 
Then the House Adjourned till 10 "clock tomorrow morning 

Saturday morning IS"" May 17<)0 
'i^lie House met according to adjournment 
Present 
f James Hasell William Dry "i 

,,11 Till l^ewis DeRosset Rob' Palmer t, „, 

IheHonble tic e ,• hso"" 

Jolni Sampson & ' 

I Alex M'Culloch Benj" Heron J 

On motion ordered that tlie following Message be sent to the Assem- 
bly viz' 

M' SpE.\KER & (iKXTr.KMKN OF THE AsSE.MIiLY 

This House Desires all Letters and Papers rec'' from the Agent in 
England since last session of Assembly be sent for their Perusal in 
the Upper House 

18'" Mav 1765 Bv order J B Clk 



60 COLONIAL RECORDS. 



Eeceived from the Assembly by M"' Taylor A M' George Barrow 
the following Resolve viz' 

Gentlkmkn i)F his ^Ma.ikstvs Honble Corxcii, 

This House have Resolved that Couchet Jouvencal be continued 
Agent for this Province for twelve months to commence from the 
Ex])iration of his last Appointment to that Office by the Assembly 
and that he have and receive the sum of Two Hundred pounds for 
that time Licluding his Trouble & Expenses therein, And have also 
resolved that Rob' Howe Esq'' be added to the Committee of Cor- 
respondence in the room and stead of John Starkey Esq" Deceased 
and vested with the same power & Authority the surviving Mem- 
bers of the said Committee are vested witli — & Desire your Hon" 
Concurrence. 

JNO ASHE Speaker 
By order W" Hekitacik Clk 

18'" May 1765 

Ree'' from the Assembly by M' Corbyn the estimate of the Lower 
House which was read & Concurred with & sent to the Asseml)ly 

Sent to the Assembly the Estimate of allowances to this Hovise & 
Rec" the same. from thence Concurred with 

Rec* from the Asseml)ly by M"' Howe ct M' Harnet the following- 
Message viz'. 

GkNTLKMKN of his MA.JKSTyS HoXBLK Cor.NClL 

Being informed that in the Resolve 'sent to Your Hon" of the 
17"" Inst for your ( 'oncui-rence relative to James Davis Printer, the 
said Davis is not Directed to furnish your Honours with Copys of 
the Laws & Journals, which omission we assure your Hon" has 
been owing to an Error of the Clerk in Transcribing the same from 
the Journals and Contrary to the Intention of this House. 
^ JNO ASHE Si)eaker 

By order W^ Heiutaoj.: Clk 

Then His Honour tlie (Tovcrnor came to tiiis House and Com- 
manded the immediate Attendance of the Speaker & Lower House 
of Assembly, who accordingly attended. & presented to His Honour 
the following Acts for his Assent. 

1" An Act for Establishing an Orthodox Clergv 



COLONIAL RECORDS. 01 



2'' A)i Ad for Kac-ilitatino- tlic Niivigatioii of Port Batli Port 
Roanoke & Port Beaufort 

3'' An Act for o])enino- ct Cutting two Roads from the Fi^rry on 
the North West River Are 

4"' An Act to Inipower tlie Sheriff of Orange County to collect 
a Tax of one shilling & six pence &c 

gth i^^ ^p^ confirming the Title of AMUiam Dry Escjuire to cer- 
tain Lands therein mentioned to which Acts His Hon' was pleased 
to give his Assent except the Act for Facilitating the Navigation of 
Port Bath Port Roanoke and Port Beaufort which he Rejected. 

And then his Honour was pleased to prorogue the General 
Assembly until tlie 27tli day of Novemljer next &c 

A true Copy " JN° BURGWYX Clk 



[P. R. O. No. Carolina. B. T. Vol. 33.] 

JOURNAL OF THE HOUSE OF ASSEMBLY 

North ( 'arc )Lixa — ss.- 

At an Assembly l>egun and held at Wilmmgton the third day of 
February in the fourth year of the reign of our Sovereign Lord 
George the Third by the Grace of God of Great Britain, Erance and 
Ireland King ; Defender of the Faith (and so forth) and in the year 
of our Lord, One Thousand seven hundred and sixty four; and from 
thence continued by several Prorogations to the third day of May 
in the fifth year of the reign of our Sovereign Lord George the 
Third etc, and in the year of our Lord one Thousand seven hun- 
dred and sixty five to be then held at New Bern being the third 
Session of this i^resent Assembly. 

Fryday the 3'" day of May 1765 

AP Speaker and Twenty five members appeared. 

Resolved that two Members wait on his Honour the Gov'' and 
acquaint him the Hou.se is met,-and de.sire to know when they .shall 
wait on him. 

M' Samuel Johnston and M' Robert Howe waited on His Honour 
the Governor and acquainted liim the House was met, and desire to 
know wlien his Honour will be pleased to receive them, and being 



62 COLONIAL RECORDS. 



returned reported they had in obedience to the direction of this 
House waited on his Honour the Governor, and acquainted him the 
House was met, that his Hon'' for answer said he would let them 
know when he would receive them. His Honour the Gov' sent a 
verbal Message to the House desiring the Attendance of the House 
in the Council Chamber. 

M' kSpeaker with the House waited on His Honour the Governor 
in the Council Chamber where his Honour made a Speech to His 
Majesty's Honorable Council and this House a Copy of which to 
prevent mistakes, M' Speaker obtained. Then the Mouse returned, 
and M" Speaker laid the same before the House. 

Oi'dered the same be read. The same was read accordingly and 
resolved it be entered on the Journal of the House and is as fol- 
lows ^^iz' 

[For the Governor's speech see Journals of the Upper House. — 
Editor.] 

(Ordered M"' Emsly, M' Robert Howe, M Harnett and M' John- 
ston prepare an Address in Answer to his Honour the Governor's 
Speech and lay the same before the House for Approbation. 

Then the House adjoiirned till 10 o'clock tomorrow morning- 
Saturday the 4'" of May 17(1."). 

The House met according to Adjournment. 

Two of the Members of His Majesty's Honourable Council came 
to the House, and M' Pollock one of the Members for Bertie County 
appeared, and W John Barrow, and M' Thomas Bonner the two 
Members for Beaufort County also appeared and took the Oaths by 
Law appointed for their Qualification Subscribed the Test and took 
their Seats in the Hou.se. 

M' Thomas Howe moved for leave to absent himself from the 
Service of the House till Tuesday next. 

Ordered he have leave accordingly. 

Then the House adjourned till 10 o'clock Monday morning. 

Monday the ti'" of May 1765. 

The House met according to Adjournment. 

M' Edmond Smithwick, M' John Harvey, M' James Blount, M' 
Andrew Knox, M' William Bartram, M' Benjamin Persons, and M' 
Thomas Bell appeared and took their Seats. 



COLON I A J. RECORDS. 63 



'J'wd dl' tlu' Meinlicrs of Ilis Majesty's Honoral)le Cuuiudl caine to 
tlie House, and M' Benjamin Harvey, and M' James Blount two of 
tlie Members for I'enjuimiins County ajipeai-ed, took the Oaths by 
Law appointed for tlieir (^u.ilitieation sul>scril)ed tlie Test and took 
their Seats in the House. 

M' Corbin from the Committee appointed to prepare an Address 
in Answer to His Hon" the Gov" Speech Reported that the Com- 
mittee had prepared the .same which he laid before the House. 
Ordered the .same be read, the same was read, and resolved the same 
stand the Address of the House, and be entered on the Journal 
thereof as follows (tliat is to .say) 

North Carolina — ss. 

To THE Hon*" William Tryon E.sc/" Likutenaxt (iovEisNoK 

AND Co.MMANDER IN ChIEE IN AND OVKH HiS Ma.TKSTV's Pk(I\- 

iN<'E (IF North Carolina. 

The Humble Addre.ss of the Assembly of the s"* Province 

Sir 

We Ilis Majesty's most dutifull and Loyal Subjects the Mem- 
bers of the A.s.sembly nf North Carolina lieg leave to return your 
Honour our Hearty thanks for your Sjieecb at the opening of this 
Session. 

With the greatest Pleasure we congratulate your Hon'' <iii your 
Accession to this Covernment, and Esteem ourselves under the 
highest obligation for the early ojiportunity you have been pleased 
to give us of expres,sing our gratitude to His Majesty for His care 
and attention to the Welfare of this Province, in appointing a Gent" 
as our Commander in Chief, from whose abilities and Integrity the 
Community have just reason to expect every happy Consequence. 
The Blessings of Peace which we so happily enjoy and which next 
to the Providence of Almighty God, we owe to the Wisdom of His 
Majesty's Councils and the Conduct & Bravery of His Commanders 
and Troops, excite in us the wannest sensations of gratitude to our 
most gracious Sovereign, under whose benign Government and 
Direction, this felicity was obtained, and we beg leave to assure your 
Honour that we will Endeavour to avail ourselves of this Season of 
Tranquility by paying due attention to the several matters you have 
so judiciously recommended, and by pursuing every other INIethod 
of Public Utility. Your Honours good Intentions to this Proviuge so 



64 COLONIAL RECORDS. 



atfectiiigly declared, yield us the greatest Pleasure, merit our warmest 
acknowledgements, and render it incumbent on us to pursue every 
measure that can make your Administration easy and happy. 

Yet pleasing, as the assurances you give us are, they were not 
wanting to convince us that all your Actions must proceed from the 
most laudable motives, and that conseijuently your future conduct 
on which you so obligingij^ desire us to rely will be such as must do 
Credit to His Majestys Appointment Honour to yourself and render 
this Prcrvince iiourishing and happy. Persuaded of this Sir, how 
pleasing are our prospects and how hapi)y are we, in reflecting that 
to obtain the good opinion Favour and Protection of our Governor 
we have only to deserve them, and to deserve them need only to 
persue such Measures as the real Interests of our Country and the 
Sentiments of Honour dictate, which must at the same time render 
us acceptable to our Constituents and gain lis the Applause of our 
own .Merits. 

Your Honour may be assured that we shall most iieartily unite 
with the Members of His Majesty's Honourable C-'ouncil in all 
Matters productive of Public good, and that nothing would give us 
more Satisfaction than to be able to promote your happiness. 

M"' Montfort inoved that the Clerk furnish James Davis, Printer 
with a Copy of the .Journal of tlie House daily, and that lie acquaint 
the said James Davis the House direct him to print the same & 
dispense the Copys so printed to each Member of the House. 

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

Tuesday tlie 7"" of May 1765. 
The House met according to Adjournment. 
Then the House adjourned till 4 o'clock Afternoon. 

P. M. The House met according to A(.\journment. 

M'' Thomas Jones, M' Andrew Knox, M' Thomas Taylor, M" 
Howell, M' Baker, M' Fifer, M^ Giles, .M^ Bryan ct M' Bond aj^peared 
and took their Seats in. the House. 

M' Benjamin Harvey and M"' Harnett waited on His Honour tlu' 
Governor and acquainted him the House desire to know wlivn 
they shall wait on him with the Address tiiereof : being returned, 
reported that His Honor will receive them at 12 o'clock tomorrow. 



COLONIAL KE(!ORD.S. 65 



M' Montfort moved a Committee be appointed to prepare and 
bring in a Bill for Estaljliisliing an Orthodox Clergy, and M' Corbin, 
M' Cummings and M' Montt'ort are accordingly ap2>ointed. 

M' Brown moved a Committee be apjtointed to prepare and 
bring in a Bill to enable the Lihabitants of this Province to dis- 
charge Judgments, Executions and Public Taxes with Commod- 
ities, and M' Corbin M' Barrow, and M' Brown are accordingly 
appointed 

Ordered M' Montfort j^i'epare and bring in a Bill to appoint a 
Public Treasurer for the Southern District of this Province in the 
room of John Starkey Esq" late Public Treasurer of the said District 
Deceased. 

M' Emsly, M' John Harvej^ and M' Harnett are appointed a 
Committee to prepare and bring in a Bill to enable the Post Master 
General to carry on the Post through this Province. 

Then the House adjourned till 1] o'clock to-morrow morning. 

Wednesday the S'" of May 1765. 

The House met according to Adjournment. 

M' Speaker with the House according to Appoint' of His Honour 
the Governor j'esterday waited on His Honour in the Council 
Chamber with the Address of the House and presented the .same to 
his Honour. 

To which his Honour was pleased to Answer as follows. Viz' 

M' Speaker & Gentm" of the House of Assembly. 

The Testimonials of Duty, Loyaltj- and Gratitude you so warmly 
Express, for our most gracious Sovereign will I am persuaded be 
highly agreeable to His Maje.sty. 

It gives me the most sensible satisfaction to have met with your 
Approbation in the Matters I have recommended to you, and I am 
convinced the happy Establishment of our religion will be the only 
Foundation on which the future prosperity of this Colony can 
Depend. 

I am obliged to you Gentlemen for the early good Opinion you 
Express of me, and feel the most grateful sense of your Inclinations, 
to pursue every measure which can contribute to the Ease & Hap- 
piness of my Administration. In the Integrity of my Heart I 
must declare I look for neither Hai)pine.ss nor Satisfaction in this 
VOL. VII — 5 



m , COLONIAL REC;ORDS. 



Country Ijut in Proportion to the Assistance I meet with in my 
Endeavours to promote the Prosperity of its Inhabitants. 

M' Wynns, M' Abner Nash and M' 8ugg appeared and took their 
Seats. 

Then tlie House Adjourned till 11 o'clock tomorrow morning. 

Thursday the 9'" of May 1765. 

The House met according to Adjournment. 

M' Thomas Cliff'' Howe presented a Certificate from C'raven C'ounty 
Court thereby certifying that Hugh Rigby of Craven County is a 
proper person to be exemjjt from paying Public Taxes. Granted. 

M' Bertram presented a Certificate from the Vestry of S' Martin's 
Parish in Bladen County recommending Lott Bordiew of the said 
Parish to be exempt from paying Public Taxes. Granted. 

M' Montfort moved for leave to present a Bill for altering the 
times for holding the Courts of Pleas and Quarter Sessions for the 
County of Cumberland. 

Ordered to have leave accordingly. 

M' Montfort 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 by M' Knox and M' Bond. 

M' Francis Nash moved for leave to absent himself from the 
Service of the House. Granted. 

M' Edmond Smithwick moved for leave to absent himself from 
the Service of the House. Granted. 

The House being informed that M' John Starkey one of the Mem- 
bers for Onslow County, & M' Thomas Smith one of the Meml^ers 
for Hj^de County are dead. 

Ordered a Message be sent to His Honour the Governor to desire 
him to direct the Clerk of the Crown to issue Writs for Electing a 
Representative for each of the said Counties to sit and vote in this 
present AssemblJ^ 

Sent the following Message to His Honour theS,Governor viz' 

To THE HoNOlfRABLE WiLLIAM TrYON EsQ" LiEUTENANT GOV- 
ernor etc. 

Sir 

M' John Starkey one of the Members for Onslow County, and M' 

Thomas Smith one of the Members for Hvde Countv are dead, there- 



COLONIAL RECORDS. 67 



fore desire your Honour will bo pleased to direct the Clerk of the 
Crown to issue Writs for Electing a representative for each of the 
said Counties to sit and vote in this present Assembly in the room 
and stead of the said John Starkey and Thomas Smith. 

JOHN ASHE. Speaker. 

Then the House adjourned till 4 o'clock Afternoon. 

P. M. The House met according to Adjourmnent. 

M' Montfort moved for leave to present a Bill for ai>iwinting a 
Public Treasurer for the Southern District in the room of John 
Starkey Esq™ Deceased. 

Ordered to have leave accordingly. 

M' Montfort 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 by M' Knox and M' Bond. 

M' John Harvey from the Committee appointed to j)repare a Bill 
to enable the Post Master General to carry on a Post through this 
Province. Reported that the Committee had prepared the same. 

M' Harvey 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 by M' Kno:!^ and M' Bond. 

M' Taylor presented the Petition of several of the Inhabitants in 
and near the Town of Nixonton in Pasquotank County setting forth 
that a resurvey of the said- Town is made, etc, Praying etc. 

M^ Taj-lor moved for leave to present a Bill pursuant to the prayer 
of the said Petition. 

Ordered he have leave accordingly. 

M' Taylor 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, jaassed and ordered to be sent to the Council. 

Sent the same by M' Knox and M' Bond. 

M' George Moy one of the Members for Pitt County api^eared. 

M' Ormond presented a Certificate from Beaufort County Court 
thereby certifying that James Rooks of said County is very aged 
poor and Infirm, and recommending he be exempt from paying 
Taxes & doing Public Duties. Granted. 



68 COLONIAL RECORDS. 



M' Persons presented a Certificate from Bute County Court therein 
certifying that .Jolm Bush & Ambrose Petty are poor and infirm 
and recommending them to be exempt from paying Taxes and 
doing Public Duties. Granted. 

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

Fryday the 10'" of May 1765 

The House met according to Adjournment. 

M'' Corbin from the Committee appointed to prepare a Bill for the 
Establishing an Orthodox Clergy. Reported the Committee had pre- 
pared the same 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 by Col" Barrow and Col° Bell. 

M' Brown from the Committee appointed to prepare and bring in 
a Bill to enable the Inhabitants of this Province to discharge Judg- 
ments, Executions, and Public Taxes in Commodities. Reported 
the Committee had prepared the same, which he read, in his Place 
and delivered in at the Table where the same -was again read by the 
Clerk, passed & ordered to be sent to the Council. 

Sent the same by M' Brown & M' Thos' Bonner. 

M"' Farquhar Campliell and M' Walter Gibson appeared and took 
their Seats. 

Then the House adjourned till 3 o'clock Afternoon 

P. M. The House met according to adjournment 

M' Montfort presented the Petition of Thomas Hart late Sheriff of 
Orange County for the year 1763, & in virtue thereof was to collect 
the Public Tax for that year but by misinformation of the late Pub- 
lic Treasurer for the Southern District of the whole amount of the 
said Tax for that year he should have received from the said County, 
therefore collected one Shilling and sixpence short of the true amount 
of the said Tax for that year etc. 

Praying relief etc. 

Ordered i\P Montfort prepare and bring in a Bill pursuant to the 
prayer of the said Petition. 

M' Montfort pursuant to Order presented a Bill to impower the 
Sheritt' of Orange County to collect a Tax of One shilling and six- 
pence Proclamation money laid on the Taxable persons in the said 
County by an Act of the Assembly of this Province passed in the 



COLONIAL RECORDS. 69 



fourth yecar of the reign of his present Majesty 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 l)e sent to the Council. 

Sent the same by M' Howe and M' Persons. 

M' Robert Howe presented the Petition of Jonathan Swain and 
others, Pilots of Cape Fear River, showing the pilgtage of the ."^aid 
river is very Low etc. 

Praying the same may be by Law raised etc. 

Ordered M' Robert Howe prepare and bring in a Bill pursuant to 
the prayer of the said Petition. 

M' Howe pursuant to order j)resented a Bill to amend part of an 
Act Intituled an Act for regulating the Pilotage of Cape Fear river 
and other purposes which he read in his place and delivered in at 
the Table where the same was again read by the Clerk Parsed and 
ordered to be sent to the Council. 

Sent the same by M' Howe and M'' Persons. 

Then the House Adjourned till 9 o'clock tomorrow morning 

Saturday the ll"- of May 1765. 

The House met according to Adjournment. 

Received from the Council the following Bills — viz' 

The Bill for Establishing an Orthodox Clergy. 

The Bill for appointing a Public Treasurer for the Southern 
District in the room of John Starkey Esq" Deceased. 

The Bill to enable the Post INIaster General to carry on the Post 
through this Province. 

The Bill to amend part of an Act entitled, an Act for regulating 
the pilotage of Cape Fear River and other purposes. 

The Bill for regulating the Town of Nixonton etc 

The Bill to enable the Inhabitants of this Province to discharge 
Judgments, Executions and Taxes with Commodities. 

The Bill to impower the Sheriff of Orange County to Collect a 
Tax laid on the Taxable Persons in the said County etc 

Endorsed lO"" of May 17G5. In the Upper House read the first 
time and passed. 

M' Harnett moved for leave to present a Bill to amend an Act 
entituled An Act to prevent the Exportation of unmerchantable 
Commodities. 

Ordered he have leave accordingly. 



■^0 COLONIAL RECORDS. 



M"' Harnett presented the above mentioned Bill which he read in 
his place and delivered in at the Table where the same was again 
read b}' the Clerk, passed and ordered to be sent to the -Council. 

Sent the same by M' Taylor and M' Mackelwean 

On Motion Ordered the Bill to enable the Post master General to 
carry on the Post through this Province be read a second time. 

Read the same a second time. Then on motion that the said Bill 
Pass. The Question was put and passed in the Negative. On 
Motion resolved the House into a Committee of the whole House 
on next Monday to consider the Subject Matter of the Bill for 
Establisliing an Orthodox Clergy. 

On Motion ordered the Bill for regulating the Town of Nixonton 
be read a second time, read the same a second time, passed and 
ordered to be sent to the Council. 

Sent the same by M' Taylor and M' Mackelwean 

On Motion resolved the House resolve into a Committee of the 
Whole House on Monday next to consider the Bill to enable the 
Inhabitants of this Province to discharge Judgments, Executions 
and so forth, with Commodities. 

On Motion ordered the Bill for appointing a Public Treasurer for 
the Southern District in the room of John Starkly Esq" Deceased, 
be read a second time, read the same a second time, amended 
passed and ordered to be sent to the Council. 

Sent the same by M' Taylor and M' Mackelwean. 

On Motion ordered the Bill to impower the Sheriff of Orange 
County to collect a Tax of one shilling and six pence Proclamation 
money laid on the Taxable Persons in the said County etc be read 
the second time, read the same passed and ordered to be sent to the 
Council. 

M' Baker moved for leave to present a Bill for opening and 
cutting two roads from tlie Ferry on the North West river opposite 
Eagles Island in Brunswick County and other purposes. 

Ordered to have leave accordingly. 

M"' Baker presented the above, mentioned Bill wliicli 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 to amend part of an Act intituled 
An Act for regulating tlie pilotage of Cape Fear river etc be read 
the second time. Read the same a second time Passed and ordered 
!jo be sent to the Council. 



COLON I A J. KKCOHUy. 71 



Sent the above tliree Bills b)' M' Moore & M' Blount 
Then the House adjourned till 3 o'clock Afternoon. 

P. M. The House met according to Adjournment. 

Received from the Council the Bill for appointing a public Treas- 
urer for the Southern District in the room of John Starkey Esq" 
Deceased. Endorsed 11'" of May, 1705. In the U])per House read 
the second time, Amended and passed. 

The Bill to amend an Act intituled An Act to prevent the Exporta- 
tion of unmerchantable commodities 

The Bill to impower the Sheriff of Orange C-ounty to collect a Tax 
of one shilling and six pence laid on the Taxable persons of the said 
County etc, and the Bill for regulating the Town of Nixonton. 
Endorsed ll"" of May 17G5. In the Upper House of Assembly, read 
the second time & Passed. 

And also the Bill for opening and cutting two roads from the 
Ferry on the Northwest river opposite Eagles Island in Brunswick 
County etc. Endorsed ll'" of May 1765. In the Upper House of 
Assembly read the second time and passed. 

M' Caswell moved for leave to bring in a Bill for appointing a 
Printer to this Province. 

Ordered he have leave accordingly. 

M' Caswell 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 by M' Caswell and Col" Harvey. 

Received from His Honor the Governor a written Message as fol- 
lows (To wit) 

M' Speaker & Gent" of the House of Assembly. 

I send you some Minutes of the Lords Commissioners for Trade 
and Plantations bearing date the 13'" of December 1763, and desire 
to be informed what were the objections made to that Act and like- 
wise what was the request made by the Assembly to His Majesty 
referred to by the Minutes. W"" TRYON. 

Fryday lO'" May 1765. 

And also an Extract of the .said Minutes. 

Ordered the same lye for tJonsideration till Monda)- next. 



72 COLONIAL RECORDS. 



M' Harnett moved for leave to present a Bill for enlarging the 
time allowed for saving Lotts in the Town of Camj)bleton and Tar- 
borough and other Purposes. 

Ordered he have leave accordingly. 

M' Harnett 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 by M' Campbell and M"' Gibson. 

M' Joseph A^^illiams moved for leave to absent himself from the 
service of the House. Granted. 

Then tht' House adjourned till 9 o'clock Monday morning 

Monday the IB"- May 1765. 

The House met according to adjournment 

M' John Harvej' moved for leave to present a Bill for facilitating 
the Navigation of Port Bath, Port Roanoke and Port Beaufort. 

Ordered he have leave accordingh'. 

M"' Harvey presented the above mentioned Bill which he read in 
his {dace 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 appointing a Public Treasurer for 
the Southern District in the room of John Starkey Esq" Deceased, 
be read the third time. 

Read the same a third time, Anu'nded, passed and ordered to be 
sent to the Council. 

On motion ordered the Bill to impowcr the Sheriff of Orange 
County to collect a tax of one shilling & six pence Proclamation 
money etc be read the third time. 

Read the same a third time passed and ordered to be sent to the 
Council. 

Received from the Council the Bill for enlarging the time for 
saving Lotts in the Towns of Campbleton and Tarborough. Endorsed 
the IS" May, ITfio. In tlic [^ppcr House read the first time and 
passed. 

On motion Ordered the Bill for regulating the Town of Nixonton 
etc be read the third time. 

Read the .same a third time, Amended, Passed, aiid ordered to be 
sent to the Council. 

M' Cummings moved for leave to present a Bill for altering the 
times of holding the Suyjerior Court of Pleas and (,>uarter Sessions 



COLONIAL RECORDS. 73 



in the Counties of Pitt Hyde, Beaufort, Hertford, Bertie and Hal- 
ifax. 

Ordered lie have leave accordingly. 

M'' Cumniing!^ presented the above mentioned Bill wiiich he read 
in his place and delivered in at the Table where the same was 
again read by the Clerk 

Passed and ordered to l)e sent to tlie Council. 

Sent the above five Bills by M"' Cummings and M' Montfort. 

The order of the day being read the Hou.se took under Consider- 
ation His Honour's the Governor's Letter, & the Extract of the 
Minutes of the Proceedings of the Lords Commissioners for Trade 
and Plantations dated the IS"" of December 1763 and after maturely 
considering the same Resolved the following Message bo sent to His 
Honour tlie (Tovernor. Viz' 

To THK Hon"" Willi.\m Tkyon Esij" Lieutex' Govehxok etc 
Sm 

In Answer to your Message of the 10"" inst. you will be pleased 
to understand that, that Act of Assembly referred to by the Extract 
of the Minutes of the Proceedings of the Lords Commissioners for 
Trade and Plantations sent with your Message is an Act entituled 
" An Act for granting to His Majesty the sum of Forty Thousand 
Pounds" etc by which among other things the sum of £18000 Procl: 
is appropriated for erecting Public Schools and purchasing (Uebes 
in the several Parishes in this Province subject to a suspen<ling 
Clause in the said Act until His Majesty's Royal approbation 
thereof should be had soon after the passing the said Act the 
Assembly instructed their Agent to apply for such his JIajesties 
Approbation on which occasion it seems their Lordships were of 
opinion that it was improper to report the said Act as tit to receive 
the Royal sanction on Account of several objections which were 
pointed out and the late Governor instructed to lay before the 
Assembly in order that it might be amended and the particulars 
objected to, but for what reason we know not, tlie said objections 
have never yet been laid before tlu' Asseml)ly. \\'e thei'ofore 
rec[uest your Honor to represent the state of this case truely to His 
Maje.sty that the xVssembly may thereby be acquitted from the 
imputation of having neglected to pay a dutiful obedience to His 
Majestys Commands, and the impropriety of making a .second 
application to the Board of Trade without taking proper notice of 



74 COLONIAL RECORDS. 



the answer given by their Lordships to their first request and this 
House furtlaer requests that your Honor will obtain a Copy of the 
said objections and lay them before the Assembly that they may 
have an opportunitj' of manifesting their readiness to comply with 
His Majestys Instructions in amending the said Act, as far as may 
be compatable with the Interest of the Country and that Duty 
which the Members owe to their Cbnstituents. 

JOHN ASHE Speaker. 
May 13" 1765. 

Sent l>y M' Corbin and M' Persons. 

The order of the day being read the House resolved into a Com- 
mittee of the whole House to take under Consideration the Bill for 
Establishing an Orthodox Clergy and unanimously chose M" John 
Harvey Chairman. After some time spent therein M' Speaker 
resumed the Chair. M' Chairman reported the Committee had 
propo* several Amendments to the said Bill, and came to several 
Resolutions thereon which he laid before the House, and were read, 
Resolved the said Amendments be inserted in the Bill, the same 
were accordingly inserted, and ordered the said Bill be read a 
second time, read the same a second time with the said Amend- 
ments, passed & ordered to be sent to tlie Council. 

Sent the same by M' Howe and M' Blount. 

Received from the Council the Bill for facilitating the Navigation 
of Port Bath, Port Roanoak, and Port Beaufort, and the bill for 
altering the time of holding the Superior Courts of Pleas and Quar- 
ter Sessions for the Counties of Pitt, Hyde, etc, Endorsed IS"" of May 
1765. In the Upper House of Assembly read the first time and 
passed. 

And tlie Bill to amend part of an Act intituled "An Act for regu- 
lating the Pilotage of Cape Fear River" etc Endorsed 13'" of May 
1765. In the Upper House read the second time and Passed with 
Amendments. 

Then tlie House adjourned till 5 o'clock afternoon. 

P. M. The House met according to Adjournment. 

On motion Ordered the Bill for enlarging the time of saving 
Lotts in the towns of Campleton and Tarborough be read the second 
time. 



COLONIAL RECORDS. 75 



Read tlie same a second time, amended, i)assed and ordered to be 
sent to the Council. 

Sent the same by M' Howe and M' Blount. 

M' Harnett moved for leave to present a Bill contirmiug the Title 
of William Dry Esq" to certain Lands therein mentioned. 

Ordered he have leave accordingly. 

M' Harnett 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 by'M'' Howe and M' Blount. 

The order of the day being read the House resolved into a Com- 
mittee of the whole House to consider the Subject matter of the Bill 
to enable the Inhabilants of this Province to discharge judgments 
etc. with Comodities etc, and chose M' Cummings Chairman who 
took the Chair accordingly. 

After some time spent therein M' Speaker resumed the Chair. 

Mr. Chairman reported the Committee had proposed several 
Amendments to the said Bill, but not having time to reduce them 
into form desire leave to sit again tomorrow. 

Resolved the Committee sit again tomorrow. 

Then the House adjourned till 9 o'clock tomorrow morning- 
Tuesday 14'" of May 1705. 

The House met according to adjournment. 

The Order of the day being read the House resolved into a Com- 
mittee of the whole House and M' Chairman took the Chair, After 
some time M' Speaker resumed the Chair. M' Chairman reported 
the Committee had reduced into form the several Amendments pro- 
posed to the Bill to enable the Inhabitants of this Province to dis- 
charge judgments etc, and laid the same before the House, Ordered 
the said Amendments be read, the same were read, resolved they be 
inserted in the said Bill. The same are inserted accordingly Then 
on motion Ordered the said Bill pass the second time with the s* 
Amendments, and be sent to the Council. 

Sent the same by M' Brown and M' Giles. 

Received from the Council the Bill for enlarging the time for 
saving Lotts in he Towns of Campbleton and Tarborough. Endorsed 
the 14* May 1765.. In the Upper House read the second time and 
Passed. 



76 COLONIAL RECORDS. 



The Bill for establishing an Orthodox Clergy. Endorsed the 14"" 
of Maj- 1765. In the Ujipcr House read the .second time, Amended 
and Passed. 

Then the House adjourned till 3 o'elock afternoon. 

P. M. The House met according to adjournment. 

On motion Ordered the Bill for altering the times for holding the 
Sujjerior Courts of Pleas and Quarter Sessions for the Counties of 
Pitt, Beaufort, Hyde, Hertford, Bertie and Halifax, be read tlie second 
time. 

Read the same a second time, Amended and Passed, and ordered 
to be sent to the Council. 

Sent by M' Brown and M' Giles. 

M"' Nash moved the House resolve the sum of One Hundred 
thirty three Pounds six shillings and eight pence procl" money for 
one year, and from thence to the end of the next »Session of Assembly 
inclusi-\'e of last Session be paid to the Post Master General or his 
Agent on Condition that he cause the Post to ri^e through this 
Province & carry public Dispatches and Letters to and from Sutiblk 
in A'^irginia to the Southern Boundary of the Province once 
every Fortnight during the Term aforesaid, & that the same shall 
be paid by the Treasurers ol' tliis Province out of the fund for 
Conting-encies by a Warrant from the Lieutenant Governor or 
Commander in Chief of this Province for the time being after per- 
formirtg the said Service. 

Resolved the same lye till tomorrow for Consideration. 

On motion, Orclered the Bill for opening and cutting two roads 
from the Ferry on North West River opposite Eagles Island in 
Brunswick County etc, be read the second time. Read the same 
a second time Amended. Passed and ordered to be sent to the 
Council 

Sent l)y M'' Brown and M' Giles. 

On motion, Ordered the Bill to amend part of an Act for regu- 
lating the Pilotage of Cape Fear River be read the third time. 
Read the same a Third time, Amended Passed and ordered to be 
sent to the Council. 

Sent the same by M' Brown and M' Giles. 

On motion, Ordered the Bill for facilitating the Navigation of 
Port Bath, Port Roanoak and Port Beaufort be read a second time. 



COLONIAL RECORDS. 77 



Read the same a second time amended, passed, and ordered to be 
sent to the Conncih 

Sent the same by M' Brown and M' Giles. 

On Motion, ordered the Bill for confirming the Title of William 
Dry Esq" to certain Lands therein mentione'' be read the second 
time. Read the same a second time, passed and ordered to be sent 
to the Council. 

Sent by M' Tlios. Howe and M' Blount. 

Received from His Honour the Governor a written Message as 
follows, (Viz') 

M' Speaker & Gextlemex ok the Hoise of Assembi.y. 

The enclosed Papers I sent you were delivered to me in behalf of 
M' Clear. If you are of Opinion with nic that the loss he declares 
to have sustained in Proclamation Money is well attested, I recom- 
mend the same to be taken into your Consideration. 

W» TRYON. 

Tuesday 14'" of May 17()5. 

Ordered the said Message and i'ajiers lye for Consideration till 
to-morrow. 

Then the House adjourned till U "clock to-morrow morning 

Wednesday the IS'" of May 1765. 

The House met according to Adjournment. 

On Motion Ordered the Bill to amend an Act intituled " An Act 
to prevent the Exportation of the merchantable Commodities, be 
read the second time Read the same a second time, Amended 
passed and ordered to be sent to the Council. 

The order of the day being read, the House took into Consider- 
ation His Honour the Governor's Message, & the Pa})ers therewith 
sent yesterday, and resolved that the said Peter Clear the Petitioner 
with Papers referred to, be allowed and paid the sum of seventy 
six Pounds out of the money that shall be paid into the Com- 
mittee of Accounts (at the next Session of the Assembly) on the 
Sinking Fund. 

Resolved the following Message be sent to His Maj'^'' Honourable 
Council. Xi/} — 

Gentlemex of His Majesty's Hon'"'" Council, 

On Consideration had of a Mes.sage from His Honour the Gov- 



78 COLONIAL RECORDS. 



ernor to this House, and the Papers therewith sent, which Papers 
we send your Honour with this Message. 

This House have resolved that the sum of Seventy six pounds be 
allowed and paid to the Petitioner Peter Clear out of the Monies 
that shall be paid, into the Committee .of Accounts at the next 
Session of Assembly on the Sinking Fund and desire j^onr Honour's 
concurrejice therewith. 

JOHN ASHE Speaker. 

Sent by M' Bond and M' Jones. 

Received from the Council the Bill for confirming the Title of 
William Dry Esq" to certain Lands therein mentioned, And the Bill 
for opening and cutting two Roads from the Ferry on the North 
West River, opposite Eagles Island in Brunswick County, etc 
Endorsed the 15'" May 1765. In the Upper House read the second 
time Amended and Passed. 

And the Bill to enable the Inhabitants of this Province to dis- 
charge all Public Taxes with Commodities. Endorsed the 15"^ of 
May 1765. In the LTpper House read the second time and passed. 

The Order of the day being read the House took into considera- 
tion the motion for an Allowance to the Post Master General or his 
Agent to carry on a Post through this Province. 

Resolved the said motion be rejected. 

Then M' Attorney General moved a Committee be appointed to 
agree with the Post Master General for carrying on a Post to convey 
all Public Dispatches & Letters from Suffolk in Virginia to the 
Southern Boundary in this Province. 

The Assembly therefore taking into Con.sideration the General 
advantage that will accrue to this Province from having a Public 
Post Established therein, and that the Common Profits arising in the 
Conveyance of Racquets and Letters will not be sufficient to defray 
the Expence thereof; and being desirous that a matter of such 
Public Utility should take EflFect, but not having received proper 
Information what sum will be suitable Encouragement for the Post 
Master General to establish such a post, on which Account it is 
thought in some measure premature to ])ass any Law relative to the 
said ]\Iatter. 

Resolved that M' Jn° Harvey, ]\P Corbin, M' Pollock, M' Sam' 
Johnston, and M^ Charles Blount, be and they are hereby appointed 



COLONIAL RECORDS. 79 



a Committee to contract and a<;i'cc witli tlie Post Master General or 
his Deputy to cause a Person or persons to ride Post tlirougli this 
Province, and to carry all Public Dispatches and Letters to and 
from Suffolk in Virginia to the Southern Boundary of this Govern- 
ment as often as conveniently may be and to allow to the said Post 
Master General or his Deputy for the dvie i)eiformance of such 
service, a sum not exceeding the rate of» one Hundred thirty three 
Pounds six shillings and eight pence Proclamation Money per 
annum to be paid out of the Public Treasury by a Warrant from 
the Governor or Commander in Chief for the time being and to 
report their Proceedings thereon to the next General Assemblj^, and 
the agreement which the said Committee or Majority of them shall 
so enter into for the purposes aforesaid shall be and remain in full 
force for the space of one year from and after a Public Post shall be 
established as aforesaid and from thence to the end of the next 
Session of Assembly and no longer. 

Resolved the following Message be sent to the Council 

Gextlemkx of His Majesty's Hox'''° Council. 

This House having taken into Consideration the General Advan- 
tage that will arise to tliis Province from having a Public Post 
established therein, and that the common profits arising on the 
Conveyance of Racquets and Letters will not be sufficient to defray 
the expences thereof; and being desirous that a matter of such 
Public Utility should take Effect, but not having received proper 
Information what sum will be a sufficient Encouragement for the 
Post Master General to establish such a Post on which account it is 
thought in some measure premature to pass any Law relative to the 
said matter, have therefore resolved that M' John Harvey, M' Cor- 
bin, M"' Pollock, M"' Samuel Johnston and M"' Charles Blount be, and 
they are herel)y ajipointed a Committee to contract and agree with 
the Po.st Master General or his Deputy to cause a Person or persons 
to ride post through this Province and to carry all Public Dispatches 
and Letters to and from Suffolk in Virginia to the Southern Bound- 
aiT of this Government as often as conveniently may be, and to 
allow the said Post Master General or his Deputy for the due per- 
formance of such service, a sum not exceeding the rate of One 
Hundred thirty three pounds six shilP' and eight pence Procla- 
mation money to be paid out of the public Treasury by a Warrant 
from the Govei'nor or Commander in Chief for the time beins, and 



80 COLONIAL RECORDS. 



i 

to report their Proceedings thereon to the next General Assembly 
and the agreement which the said Commissioners or the Majority 
of them shall so enter into for the purposes aforesaid be and remain 
in full force for the space of one year, from and after a Public Post 
shall be established as aforesaid and from thence to the end of 
the next Session of Assembly & no longer, to which desire your 
Hon" Cloncurrence. . 

JOHN ASHE Speaker. 

Sent by M' Simpson and i\r Wynns. 

On motion Ordered the Bill for confirming the Title of William 
Dry Esq" to certain Lands therein mentioned be read the third time. 

Read the same a third time Amended, Passed and ordered to be 
sent to the Council 

On motion Ordered the Bill for Establisliing an Orthodox ('lergy 
be read the third time. 

Read the same a third time, amended, passed ami ordered to be 
sent to the Council. 

Sent the above two Bills by M" Simpson & M' Wynns. 

M"' Montfort in behalf of W^illiam Dry Esq" i)resented a Certificate 
dated the first day of October 1764 from Captain John Paine the 
commanding officer of Fort Johnston that he has finished and com- 
pleted the said Fort agreeable to a resolve of this House at Feliruary 
Session 1764 

Then the Hou.se adjourned till 4 o'clock aftei'uoon. 

P. M. The House met according to adjournment. 

On motion Ordered the Bill for enlarging the time for saving 
Lotts in the Towns of Campbleton and Tarborough, be read the 
third time. 

Read the same a third time. Passed and Ordered to lie sent to the 
Council. 

Oh motion Ordered the Bill for opening and cutting two roads 
from the Ferry on the Northwest River opposite Eagles Island in 
Brunswick County etc, be read the third time. 

Read the same a third time, amended passed, and oi-dered to be 
sent to the Council. 

Sent the above two Bills by M"' Simpson and M' Wynns. 

Then the House adjourned till 9 o'clock tomorrow moi-ning. 



COLONIAL RECORDS. 81 



Thursday the K)'" of May ITGo. 
The House met according to adjournnrent 
Received from tlie CouDcil the following Message, viz' 

M' Speaker & Gentlemen of the Assembly. 

On reading a third time in tliis House the Bill to impower the 
Sheriff of Orange County to collect a tax of one shilling and six 
pence Proclamation money laid on the taxable Persons in the said 
County by an Act of the Assembly of this Province, passed in the 
fourth year of the reign of his present Majestj^, we find that there is 
a mistake in the iirst Clause of the said Bill that would defeat the 
intent of the Bill, We therefore propose that that clause be Deled, 
and the following one inserted in stead thereof viz' 

Be it enacted by the Lieutenant Governor, Council & As.sembly, 
and by the authority of the same that the said Pole Tax of one 
shilling and six pence for each taxable in the County of (Grange, 
part of the Public Tax omitted by the said Thomas Hart in his 
collection in the Year one Thousand seven Hundi'ed and .sixty three, 
shall be received and collected by the Sheriff of Orange County in 
his collection of Public Taxes in the j'ear of Our Lord one Thousand 
seven Hundred and sixty five, which said Tax of one shilling and 
six pence so collected, shall by him be accounted for and paid to the 
Treasurer of the District in the same manner and under the like 
Penalties as are by Law directed for the collecting, accounting for 
and jjaying of other Public Taxes. 

To which Amendments if your House agree be pleased to send 
such of your Members as you think proper, to see the same made. 

Resolved the House agree to the said Amendments and that the 
following Message be sent to the Council. 

Gentlemen of His Majesty's Hon'''° CouxfiL. 

To the deleing the Clause by you proposed to the Bill to impower 
the Sheriff of Orange to collect a Tax of one shilling and six pence 
etc, & inserting another in the room thereof, mentioned in your 
Message of this daj^ we thereto agree and send M"' .John Harvey and 
M"^ Cummings two of the members of this House to see the one deled 
and the other inserted in the stead thereof. 

JOHN ASHE Speaker. 

Sent by M' Harvey and M' Cummings. 
VOL. VII — 6 



82 COLONIAL RECORDS. 



Received from the Council the following message, viz' 

On reading in this House a third time the bill to amend part of 
an Act intituled " An Act for regulating the Pilotage of Cape Fear 
River and other purposes, We observe you have deled the Clause for 
rating the Pilotage and have not deled the Clause immediately fojj 
lowing which relates thereto only. We therefore would propose, 
that that Clause fixing the rates for Pilots be stated or the Clause 
referring to it be deled. We also observe that you have deled the 
Clause laying an additional duty on Vessels of six pence per ton. 
As there is an absolute necessity that such a duty should be laid for 
the purpose therein mentioned. 

We propose to stet the same to be in force for twelve months only, 
and for an encouragement to the Pilots to do their duty we would 
propose the following Clause be added to the Bill. 

And be it further enacted by the authority aforesaid that any per- 
son who shall presume to pilot any Vessel (unless in distress) not 
having a regular branch according to the Directions of the before 
recited Act shall forfeit and pay Twenty pounds proclamation money 
for every such offence, to be recovered by any person sueing for the 
same in any Court having Cognizance thereof, by Action of debt, 
bill, plaint, or information, wherein no Essoin, Injunction, Protection 
or Wager of Law shall be allowed of. 

We also propose the following proviso be added to the said Bill, viz' 

Provided always that no lighter or other small Vessel belonging 
to the river of Cape Fear, that may be sent to any of the Ports or 
Inlets along the Coast for Tar or other Effects shall be obliged to 
pay any pilotage, unless the Master of such lighter Vessel or take 
on board a Pilot, in which Case the Pilot, piloting the said Vessel 
may demand and receive the same pilotage as he may be intitled to 
by virtue of the before recited Act. 

If j'our House agree to these Amendments you will be pleased to 
send such of your members as you tliink proper to see the same 
inserted in the Bill. 

On motion Resolved the Bill to enable the Inhabitants of this 
Province to discharge all Public County and Parish Taxes with 
Commodities be read the third time. 

Read the same a third time. Amended, passed and ordered to be 
sent to the Council. 

Sent by M' John Harvev and M' Cummings. 



COLONIAL RECORDS. 



Resolved the following Message be sent to the Council. 

Gentlemen of His Majesty's Hon'" Council. 

On reading your Message of yesterday relative to the Bill to 
amend part of an Act intituled " An Act for regulating the Pilotage 
»of Cape Fear River etc, this House agree to ddc the Clause in the 
said Bill immediately following that for rating the Pilotage, to the 
insertion of that you propose laying a penalty of Twenty Pounds on 
any person (not a branch pilot etc) for piloting any Vessel only add- 
ing after the word Vessel (unless in distress) \ve also agree to the 
provisional Clause you mention to be added, and send M' John 
Harvey & M' Cummings two of the Members af this House to see 
the said alterations made. 

JOHN ASHE Speaker. 

Received from the Council tlie following Message viz' 

M' SPE.iKEK AND GeNTLEMEN OE THE ASSEMBLY. 

On reading a third time the Bill for Establishing an Orthodox 
Clergy, we think the repealing Clause therein contained is penned 
in too General words etc, and tlierefore propose that the first part of 
the repealing Clause to the word except, be ddcd, and instead thereof 
that such repealing Clause run in these words. 

And be it further enacted by the authority aforesaid, that all and 
every Act and Acts heretofore passed relative to the making Pro- 
vision for an Orthodox Clergy and all and every clause & article 
contained in any such Act or Acts except etc' (as in the Bill). 

To which- Amendments if you agree please to send two of your 
members to see the same made. 

Ordered the same lye for Consideration. 

Received from the Council the Resolve of this House sent to 
them yesterday relative to the allowance of seventy six pounds to 
Peter Clear, etc. Endorsed May 16* 1765. In the Upper House 
the above resolve was taken into Consideration and concurred with. 

JA' HASELL President. 

M' Cummings and M' Jones moved for leave to absent themselves 
from the service of the House tomorrow. 

Ordered they ha;ve leave accordingly. 

Received from the Council the Bill for opening and cutting two 
Roads from the Ferry on the North West River opposite Eagles 



84 COLONIAL RECORDS. 



Island in Brunswick County And tlie Bill Confirming the Title of 
William Drj' Esq" to certain Lands therein mentioned. Endorsed 
16"" May 1765. In the Upper House read the third time and 
Passed. 

Ordered to be Engrossed. 

Received from the Council the Resolve of this House sent to * 
them yesterday relative to the Post. Endorsed May 16"" 1765. In 
the LTpper House the foregoing Resolve was taken under Consider- 
ation and Concurred with. 

JA' HASELL President. 

Resolved the said Message with the Endorsement thereon be sent 
by the Council to the Governor for Concurrence. 

Sent by M' Harvey and M' Rob' Howe. 

On motion Ordered the Bill for facilitating the Navigation of 
Port Bath, Port Roanoak and Port Beaufort, be read the third time. 
Read the same a third time. Amended, passed and ordered to be 
sent to the Council. 

Sent the same by M' -Jolni Harvey and M' Cummings. 

Received from tlie Council tlu' following Message viz' 

M' Speaker .\xd (Ikxtlkmex of the Assembly. 

On reading a third time the Bill for appointing a Public Treas- 
urer for the Southern District in tlie room of John Starkey Esq" 
deceased we observe you have ileled Lewis DeRossett, nominated in 
this House for tlie vacancy, and have stete.d Richard C'aswell Esq" 
that was deled in this House, we therefore propose that the name of 
Lewis D'Rossett be steted & that of Richard Caswell Es'q" be deled 
otherwise we cannot pass the Bill, if you agree to this Amendment 
please to send two of your Members to see the same made. 

.Resolved tlie following Message be sent to the Council 

Gentlemen of His M.\,iesty's Hon'''° Council 

In an§kWer to your Message this day relative to the Bill for 
appointing a Treasurer for the Southern District in the room of 
John Starkey Esq" Deceased, wherein you propose to dele Richard 
Caswell, Esq", and deting Lewis DeRossett Esq" to which proposition 
we do not agree, and desire your Honours will pass that Bill as it 
was sent you from this House. 

JOHN ASHE Speaker. 



COLONIAL RECORDS. 85 



Resolved the following Message be sent to the Council 

Gentlemkn of His Majesty's Hon'" CouxtiL. 

On reading your Message this day relative to the Bill for Estab- 
lishing an Orthodox Clergy wherein yovi think the repealing Clause 
in that Act is penned too General, and propose that the first part of 
the to the M'ord Except, be ddcd ; and instead thereof, to insert a 
repealing clause as you therein mention to which this House agree, 
and send M' Thomas Howe and M' James iloore two of tlie Mem- 
bers of this House to see the same inserted in that Bill. 

.JOHN ASHE Speaker. 

Sent by M'' Tho' Howe and M" James Moore. 
Then the House adjourned till 3 o'clock Afternoon. 

P. M. The House met according to Adjournment. 

Received from the Council the Bill to impower the Sheriff of 
Orange County to collect a Tax of one shilling and six pence Proc- 
lamation money etc. Endorsed May IB''' 1765. In the Upper House 
read the third time. Amended & Passed. 

Ordered to be Engrossed. 

His Honour the Governor returned the ilessage sent to him this 
day by Col° Harvey and M' Robert Howe relative to the Post, for his 
Concurrence. Endorsed May 17"' 1765. Concurred with 

W" TRYON. 

Resolved that William Godfry be paid the sum of Ten Pounds 
out of the Puljlie Treasury from the Contingent Fund for his service 
and expence in Transmitting the Copy of the Laws passed la.st Ses- 
sion of Assemljly from Wilmington to James Davis Priiiter in Ne\r 
Bern. 

Resolved the following Message be sent to the Council- , 

This House have resolved that AVilliam Godfry be paid out of 
the Public Treasury from the Contingent Fund for his service and 
expence, in transmitting a Copy of the Laws of last Session of 
Assembly from Wilmington to James Davis Printer in New Bern, 
and desire your Honour's Concurrence thereto. 

JNO ASHE Speaker. 

Sent by M' Tho' Howe and M' James Moore. 



COLONIAL RECORDS. 



M' Robert Jones moved for leave to absent himself from the 
service of the House. 

Ordered he have leave accordingly. 

Received from the Council the Bill for Establishing an Orthodox 
Clergy. Endorsed May 16"" 1765. In the Upper House read the 
third time, Amended & Passed. 

Ordered to be Engrossed. 

Then the House adjourned till tomorrow morning 9 o'clock 

Fryday l?'" May 1765. 

The House met according to adjournment. 

Received from the Council the Bill for facilitating the Navigation 
of Port Bath, Port Roanoak & Port Beaufort. Endorsed May 17"" 
1765. In the Upper House read the third time and Passed. 

Ordered to be Engrossed. 

M' Cole moved for leave to absent himself from the service of the 
House. 

Ordered he have leave accordingly. 

M' Joseph Jones one of the Members for Pasquotank County 
appeared. 

On motion of M' Thomas Clifford Howe, that James Davis Printer 
be allowed a sufficient sum to print the Laws and Journals of this 
Session, and transmit the same to the several inferior Courts in this 
Province, and others as usual. 

Resolved that James Davis of the town of New Bern be and is 
hereby appointed to print the Laws and Journals of this Session of 
Assembly, and all Public Acts of Government, and that he trans- 
mitt two Copies of the Laws and Journals to his Honour the 
Lieutenant Governor one to the Chief Justice, and his Associate 
for each District, one to each Member of His Majesty's Council, one 
to each Member of Assembly one Copy to the Clerk of each Superior 
Ccairt, Fifteen Copies to each Superior Court Clerk for the use of 
the Juistices; and one to every such Clerk for the use of the Court 
within three months after the said James Davis shall have received 
attested Copies of the said Laws and Journals, and for his service 
he shall be paid by the Public Treasurers, or either one of them, 
by a Warrant from the Governor or Comm'"' in Chief for the time 
being, the sum of One Hundred Pounds, proclamation money, and 
if he shall be guilty of any neglect in not complying with this 



COLONIAL RECORDS. 87 



Resolve there shall be a deduction out of such allowance made by 
the Assembly. 

Resolved the above resolve be sent to His Majesty's Council for 
Concurrence. 

Then the House adjourned till 3 o'clock afternoon. 

P. M. The House met according to Adjournment. 

Two of the Members of His Majestys Hon"' Council came to the 
House, and M' Josej^h Jones one of the Members for Pasquotank 
County appeared, took the oaths by Law appointed for his Qualifi- 
cation, subscribed the Test and took his seat in the House. 

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

Saturday May IS"" 1765. 

The House met according to Adjournment. 

M' Gibson and M"' Campbell moved for leave to absent them- 
selves from the service of the House. 

Ordered they have leave accordingly. 

Resolved that Couchet Jouvencal be continued Agent for this 
Province for the twelve months to commence from the Expiration 
of his last appointment to that office by the Assembly. 

Resolved that Robert Howe Esq" be and he is bj' this House 
appointed to be added to the Committee of Correspondence in the 
room and stead of John Starkey Esq" deceased, and vested with the 
same power and authority, the surviving Members of the said Com- 
mittee are vested with. 

James Davis Printer produced his Account against the Public on 
oath by which it appears there is a ballance due him of £90 Procl. 
Mone}^ 

Resolved the said sum of £90 be paid to the said James Davis 
by the Public Treasurer by a Warrant from the Governor or Com- 
mander in Chief for the time being out of the Contingent Tax. * 

Resolved the above resolves be sent to the Council for Concur- 
rence. 

Received from the Council the following Message, viz' 

M' Speaker & Gentlemen of the Assembly 

This House desire all Letters and Papers received from the Agent 
in England since last Session of Assembly, be sent for their perusal. 



COLONIAL RECORDS. 



Sent the foregoing Resolves by M'' Taylor and M' George Barrowe. 
Then the House adjourned till 4 o'clock afternoon. 

P. M. The House met according to Adjournment. 

Received from the Council the Estimates of this House sent them 
this day. Endorsed 18"" May 1765. Li the Upper Hou.se concurred 
with. 

JAMES HASELL President. 

Sent the following Message to the Council, viz' 

Gentlemen of his Ma.testy's Hon''" Council. 

Being informed that in the Resolve sent to your Honour's of the 
17"" Instant for your Concurrence, relative to James Davis Printer 
the said Davis is not directed to furnish your Hon" with Copies of 
the Laws and Journals which omission we assure your Honours 
has been owing to an error of the Clerk in transcribing the same 
from the Journals and contrary to the intentions of this House. 

JNO ASHE Speaker. 

His Honour the Governor sent a Message to the House requiring 
the immediate attendance thereof in the Council Chamber. 

M"' Speaker with the House waited on his Honor the Governor in 
the Council Chamber, and M' Speaker presented the following Acts 
to His Honor for his Assent 

" An Act for Establishing an Orthodox Clergy. 

"An Act for facilitating the Navigation of Port Bath, Port Roanoak 
and Port Beaufort 

" An Act for Opening & cutting two roads from the Ferry on the 
North West of Cape Fear etc. 

" An Act to impower the Sheriff of Orange County to collect a 
tax of one shilling and sixpence, procl. money laid on the taxable 
persons in the s* County. 

" An Act for confirming the title of AVilliam Dry Esq" to certain 
Lands therein mentioned. 

To all of which (except the Act facilitating the Navigation of 
Port Bath, Port Roanoak, and Port Beaufort etc) his Honor was 
pleased to assent. 

Th(-n the House returned and M' Speaker acquainted the House 
his I lonour the Governor had passed the above mentioned Bills. 

Then the House adjourned till 10 o'clock Monday morning, but 
was prorogued by Proclamation to the 27th day of November next. 



COLONIAL RECORDS. 89 



[From Husbands" Book About the Regulation.] 

A serious address to the inhabitants of Granville county, containing 
a brief narrative of our deplorable .situation by the wrongs we 
suffer. And some necessary hints, with respect to a reformation. 

* ^ * ;J-. :,: J}; * * * 

" Well, gentlemen, it is not our form or mode of government, nor 
yet the body of our laws, that we are quarreling with, but with the 
malpractice of the officers of our county courts, and the abuses we 
suffer by tho.se that are empowered to manage our public affairs; 
this is the grievance, gentlemen, that demands our serious attention. 
And I shall show you that most notorious and intolerable abuses 
have crept into the practice of the law in this county, and I doubt 
not into other counties also; though tluvt does not concern us. 

Li the fir.st jilace, there is a law which provides, that every lawyer 
shall take no more than fifteen shillings for his fee in the Countj' 
Court. Well, gentlemen, which of you has had his business done 
for fifteen shillings? they exact thirty for every cause; and three, 
four and five Pounds for every cause attended with the least dif- 
ficulty; and, in. the Superior Court, they exact as fees, almost as 
many hundreds and laugh at us for our stupidity and tame .sub- 
mission to these damn'd, &c. 

Again, a poor man gives his judgment bond for five Pounds; 
which bond is liy the creditor thrown into court. The clerk of the 
county has to enter it on the docket, and issue execution, the work 
of one long minute, for which the poor man has to pay the trifling 
sum of forty one shillings and five pence. The clerk, in considera- 
tion of his being a poor man, takes it out in work, at eighteen pence 
a day. The poor man works some more than twenty-seven days to 
pay for this one minute's writing. 

Well, the poor man reflects thus : At this rate when shall I get to 
labor for my family ! I have a wife and a parcel of small cliildren 
suffering at home, and here I have lost a whole month, I don't know 
for what, for my merchant or creditor, is as far from being paid as 
ever. However I will go houic now and try and do what I can. 
Stay neighbor, you have not half done yc^t. Tliere.is a damn'd law- 
yer's month to stop yet, for you emj'owered hiiu to confess that you 
owed this five Pounds and you have thirty shillings to pay for that 
or go and work nineteen days more; and then you must go and 



80 COLONIAL RECORDS. 



work as long for the Sheriff for his trouble, and then you may go 
home and see your horses and cows sold, and all your personal 
estate, for one tenth of the value to pay off your merchant; and 
lastly, if the debt is so great that all your personal estate will not do 
to raise the money, then your lands the same way, to satisfy these 
accursed catterpillars, that will eat out the very bowels of our com- 
monwealth, if they are not pulled down from their nests in a short 
time. And what need I say to urge a reformation ? If these things 
were absolutely according to law, they are enough to make us throw 
off all submission to such tyranical laws ; for were such things tol- 
erated, it would rob us of the means of living ; and it were better to 
die in defence of our privileges, than to perish for want of the means 
of subsistence. But as these practices are contrary to law, it is our 
duty to put a stop to them before they quite ruin our country and 
before we become slaves to these lawless wretclies, and hug our 
chains of bondage, and remain contented under these accumulated 
calamities. 

I believe there are few of you who have not felt the weight of 
these iron fists. And I hope there are none of you but will lend a 
hand towards bringing about this necessary work, (viz : a reforma- 
tion) : And in order to bring it about effectually, we must proceed 
with circumspection, not fearful, but careful. 

First, let us be careful to keep sober — do nothing rashly — act 
with deliberation. 

Secondly, let us do nothing against the known established laws of 
our land — that we appear not as a faction endeavoring to subvert 
the laws, and overturn the system of our government. But let us 
take care to appear what we really are, free subjects by birth, 
endeavoring to recover our lo.st native rights, and to bring them 
down to the standard of law. 

6'" June A D 1705. 

Nutbush, Granville County, North Carolina 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Colonel Boyde 

Brunswick 7 June 1765 
I shall give you a commission which I trust to your friendship 
and address will be executed propei'ly. It is to deliver my enclosed 



COLONIAL RECORDS. 91 



better to the Secretary at War but before you see him enquire of Sir 
JefFery Amherst the character of Capt Dalrymple, as I am told he is 
well acquainted with his military genius and how far he was the 
best Adjutant in the Army. The enclosed letters I received yester- 
day from Mr Dalrymple, if you think they should bo laid before the 
Secretary at War, I have not the least objection ; it seems indeed a 
justice that they should. If a Commission be obtained for Mr Robert 
Howe, Messrs. Drummond upon your application will pay the fees 
of the commission and ijiclose it to me. I assure you that notwith- 
standing the military genius of my friend, I stand in need of a 
person who can with spirit support in the Assembly, the measures 
of the Crown, and he seems well inclined to give-his aid, consistent 
with the interest of his constituents. I expect Mr Dalrymple every 
day will arrive and demand of me the possession of Fort .Johnston. 
If he produces his Majesty's commission, I shall admit him to take 
charge of the Fort, and at the same time acquaint him I have wrote 
home to get another officer aj^pointed to the Fort as Commander 

I am &(f 



[From MS. Records in Office of the Secretary of State.] 

North Carolina — ss. 

The Hon"" William Tryon Esq'' his Majesty's Lieutenant 

Governor and Commander in Chief in and over the said 

Province — 

To William Nunn Esquire of Orange County Greeting 

Out of the assurance I have of Your Loyalty and Integrity I do 
hereby Nominate, Constitute, and appoint you the said William 
Nunn to be Sheriff of the said County of Orange To have, Iiold, 
use Exercise, and Enjoy the said office of Sheriff of the County of 
Orange During my Pleasure, Together with all Powers and Author- 
ities, Fees Privileges and Emoluments, which to the said office of 
Sheriff Dothe or may of Right lielong or appertain. 

Given under my hand and the seal of the said Province at 
Brunswick this Tenth day of June In the Year of Our Lord One 
Thousand Seven hundred and sixty five and in the Fifth Year of 
his Majestj^s Reign. 

W" TRYON. 
By his Honours Command Tho' Rutherford D : Sec^ 



92 (JOLONIAL RECORDS. 



[P. R. O. N-o. Carolina. B. T. Vol. 15.] 

To the B^ of Trade 

Lincoln's Inn 15 June 1765. 
In lairsuanoo of Your Lordsliips Comands Signified to me by M' 
Pownall's Letter Wlierein you are Pleased to D&sire my Opinion in 
Point of Law upon tlie following Acts Passed in North Carolina in 
November 17(34. J have peru.sed and Considered the same Viz' 

1 An Act to Ui.'uuiate the Pilotage of Cape Fear River and for 
other ](urposes 

2 xVn Act lor ('ontinuing and Amending An Act Intitled An 
Act directing the Method of Appointing Jurymen in all Causes 
Criminal and Civil 

3 An Act to Amend and Continue An Act Intitled An Act for 
dividing this Province into five several Districts and for EstaVjlishing 
a Superior Court of Justice in each of the said Districts and Regu- 
lating the proceedings therein 

4 An Act to Amend and Continue An Act Intitled An Act to 
Establish Inferior Courts of Pleas and Quarter Sessions in the Sev- 
erall Counties in this province. 

5 An Act for Enlarging the time for SiU'ing Lotts in the Town of 
Halifax and other purposes 

6 An Act for Regulating Proceedings in the Court held for the 
Borough of Wilmington. 

. 7 An Act for the Relief of Abraham Jones Esq" former Sheriff 
of Edgcomb County. 

8 An Act to Encourage and Impower William Dry to make a 
Publick Road through the Great Island op])osite to the Borough of 
Wilmington. 

9 An Act to Prevent Hunting Ibr and Killing Deer in the manner 
therein mentioned. 

10 An Act to Amend An -Act therein mentioned concerning ser- 
vants and Slaves. 

11 An Act to increase the Salary of the Reverend Thomas Burges 
Minister of Edgcomb Parish in the County of Halifax 

12 An Act for altering the Boundary line between the counties of 
Northamjiton and Hertford. 

13 An Act to Prevent the Unrea.sonable Destruction of Fi.sh in 
the Rivers Meeherin Peedee and Catawba 



COLONIAL KECOKDW. 93 



14 An Act to confirin the Vestry alreadj' cliosen for the Parish of 
S' John in the county of Bute and to Enable the Freeholders of the 
Parishes within the Counties of Pasquotank Anson and Currituck to 
Elect A'estries. 

15 An Act to continue An Act tlierein Mentioned 

16 An Act to prevent the Exportation of Unmerchantable Com- 
odities 

17 An Act for rendering more Effectual the Laws making Lands 
and other Rent Estates Liable to the payment of Debts. 

This last Act Recites part of the Act of Parliament of the 5'" 
Year of King George the Second, Intitled .1// Act for flic nini-c raxy 
Recovery of Debts in Ids Majestys Plantations mnl Culonirs in America, 
By which Act Real Estates are made liable to the payment of Debts, 
and Declares the same shall be Assetts for the satisfaction thereof in 
Like Manner as Real Estates are by the Law of England Liable to the 
satisfaction of Debts due by Bond or other specialty, and Directs the 
manner of Proceeding for Raising and Satisfying the same ; Not- 
withstanding which, This Act Recites, That it hath been of late 
doubted, ^\'hether Sales of Estates made for Satisfaction of Debts 
under the Directions of the said Act of Parliament, are well and 
sufficientl}' Warranted thereby. And therefore Enacts Divers other 
matters and makes some Alterations, And particularly, that no Real 
Estate shall be Subject to the payment of any Debts or Demands, 
Unless the same shall be Sued for within Five years after the pass- 
ing this Act, or the Death of the Person chargeable therewith, I 
Apprehend this Province should have followed the Directions of the 
said Act of Parliament, in which they are Licluded, as all his 
Majesty's Plantations and Colonies in America are. And that the 
same would have fully Answered the purjjose intended by it. And 
that they should not by any Act of their own, attempt to A^ary or 
Alter any part thereof. And am therefore of Opinion this Act sliould 
not be Confirmed. 

Upon Perusal and Consideration of the before mentioned Acts, I 
have no other Objections thereto in point of Law than are before 
mentioned, and am 

My Lords &c 

MAT LAMB 



94 COLONIAL RECORDS. 



[From Tryon's Letter Book.] 

Letter from Goverror Tryon to the Board of Trade 

Brunswick 24 June 1765 
The enclosed papers will give your Lordships a particular detail 
of an unfortunate duel fought at Brunswick the IS"" of March last 
between Lieutenant Whitehurst and Alexander Simpson, Master, 
both of his Majesty's Sloop the Viper; the consequences of which 
terminated in the death of Lieutenant Whitehurst ; his thigh was 
broke by a pistol shot, and his head wounded in several places with 
the said pistol, the butt end of which, and the pan, was broke by the 
violence of the blows, he received. Mr Simpson received a shot 
behind his right shoulder, the ball came out under the arm. The 
depositions of James Brewster and James Mooringe, both midship- 
men of the Viper, were taken by Justice Hill in the presence of late 
Governor Dobbs and myself; the copy of the Coroner's inquest on 
Lieut. Whitehurst's body, the verdict against Mr Simpson ; his com- 
mitment; proclamation for re-apprehending of him on his escape, 
with the proceedings taken in the Superior Court at Wilmington, 
will I am satisfied, convince your Lordships, and the Lords of 
Admiralty, that no a.ssistance or connivance was given by the Legis- 
lature in this Province to favor his escape. Capt Phipp's letter, 
copy of which I send your Lordships, with my answer annexed, was 
in consequence of Justice Hill's proclamation of hue and cry to 
re-apprehend Mr Simpson. I own so uncommon a spirit of revenge 
appeared in Mr Simpson's conduct and treatment of Lieut. White- 
hurst, that I was very solicitous of putting him on his trial ; His 
escape was effected the night before the Governor died, at which 
period I was 70 miles from Brunswick, escorting Lord Adam Gor- 
don thro' part of this Province. His Lordship is acquainted with 
the circumstances of this duel ; Woman, I was told, sowed the first 
seeds of their dissentions. I have sent a copy of these papers to 
Lord Colvil, and acquainted him I should send duplicates of the 
same to the Lords of Admiralty, which I do, through your Lord- 
ships board, agreeable to the Governor's instructions 

I am, my Lords etc" 



COLONIAL RECORDS. 95 



Letter from Secretary Egremont to Governor Trvoii 

Whitehall July 9"" 1763 
Sir, 

It having appeared that the Public Revenue has been greatly 
diminished, and the fair Trader much prejudiced by the fraudulent. 
Methods used to introduce into His Majesty's Dominions, (contrary 
to the Act of 12. Charles 2'' for encouraging and encreasing Shipping 
& Navigation, and that of 15 Charles 2'' for the Encouragement 
of Trade, and the Act of 7"" and 8"" of William 3* for preventing 
Frauds and regulating Al:iuses in the Plantation Trade,) commodi- 
ties of foreign Growth, in National, as well as foreign Bottoms, by 
means of small Vessels hovering on the Coasts, & that this iniquitous 
Practice has been carried on to a great heighth in America, an Act 
was passed the last session of 'Parliament intituled. An Ad for the 
further Improvement of His Majestys Revenue of Customs, and for the 
Encouragement of officers making Seizures, and for the Prevention of the 
clandestine Running of Goods into any part of His Majestys Domin- 
ions, by which the former Laws, relative to this matter, are inforced 
& extended to the British Dominions in all parts of the World ; and 
the King having it extreamly at heart to put an End to all iniquitous 
Practices of this Nature, by a due, punctual and vigorous Exertion 
of the Laws made for this salutary jiurpose, and His Majesty having 
been pleased to order that the most effectual Steps should be taken 
for obtaining that End, the Commanders of His Majestys Ships 
stationed in America, will, in consequence thereof, be vested for the 
future with the necessary & legal Powers, from the Commissioners 
of the Customs for carrying into Execution the several Acts of Par- 
liament relative to the seizing and condemning any Ships that shall 
be found transgressing against the said Acts; I am to signify to j'ou 
the King's express pleasure, that you do, as far as shall depend upon 
you, not only cooperate with and assist the said Commanders, in the 
due & legal Execution of the Powers & Instructions given them by 
the Commissioners of the Customs, but that you do also use your 
utmost Endeavours by the most assiduous & impartial Execution of 
the Laws enacted for this purpose, to put an effectual Stop to the 
clandestine Running of Goods into an,y Place within your Jurisdic- 
tion ; And that j'ou may be fully informed of every particular, in an 
Affair of this Imi^ortance, j^ou will find enclosed herewith a Copj^ of 
the Act passed last Session of Parliament, referred to above, together 
with His Majesty's Order in Council, made agreeable thereto, for the 



96 COLONIAL RECORDS. 



Division of tlie Seizures, to which I add a List of the Ships stationed 
in America, distinguisliing such as have the Custom House Commis- 
sions, from the few which sailed before the Resolution on that Head 
was taken ; & also a Copy of tlie Instructions given by the Lords of 
the Admiralty to the several Commanders of these Ships. 

The Precautions, which, upon perusing the two last mentioned 
Papers, you will observe to have been taken here, & the strict Orders 
given on this Oecasion to the Commanders of all the Ships of War 
in America, will sufficient!}'' point, out to you, how earnestly the 
King wishes that all possible means should be used to root out so 
iniquitous a Practice; A Practice carried on in Contravention of 
many express & refjeated Laws, tending not only to the Diminution 
and Impoverishment of the Public Revenue, at a time when 
this Nation is labouring under a heavy Debt, incurred by the 
last War, for the Protection of America, but also to expose every 
fair Trader, to certain Detriment, & even Danger of Ruin, by his 
not being able to carry his Commodities to Market, on an equal 
Footing with those, who fraudulently evade the jiaymeut of the just 
Dues & Customs for the same. 

It is the King's Pleasure that you do, l)y the first Opportunity, 
acknowledge the Receipt of this Letter, and that you do, from time 
to time, transmit to me, for His Majesty's Information, exact accounts 
of whatever shall happen, within your Government, in an Affair 
which the King considers to be of the highest Importance to the 
Commercial Interest of His Subjects, and the Improvement of the 
public Revenue : You will likewise impart to me, for the King's 
Approbation, such further Hints as may occur to you as proper for 
the Subject. 

I must also inform you, that His Majesty's Resolution, to have the 
most implicit Obedience paid to these His Commands, is so fixed, 
that as, on the one hand, your particular Diligence & attention in 
the Performance of your Duty herein, will not fail to recommend 
you to His Majesty's Royal Favors, so, on the other, it is incumbent 
on me to acc[uaint you, that the King will not pass over unnoticed 
any Negligence or Relaxation on the Part of any Persons employed 
in His Service, in a matter on which His Majesty lays so much 
stress, & in which the fair Trade of all His Truthful Subjects, is so 
essentially interested. 

I am with great Truth & Regard, Sir, 

Your most obedient humble Servant. 

EGREMONT 



COLONIAL RECORDS. 



[N. C. Letter Book S. P. G.] 

Letter from M' Reid to the Secretary 

Newbern July 10"" 1765 
Rev* Sir : 

You must no doubt have heard of the death of M' 

Dobbs our late worthy Governor long before the receipt of this — 
The great loss which the Clergy have sustained by his decease will, 
I trust iu God, be made up by Coll" Tryon his successor At an 
Assembly held the latter end of last May a bill was passed for the 
encouragement and establishment of an Orthodox Clergy and so 
warmly recommended by our Lieu' Governour, as to meet with 
success. By this Law, — tho' our Stipinds are not augmented, yet 
some of our hardships and grievances are removed. The Right of 
presentation is given up to the Crown which has freed us from the 
insolence and tj'ranny of Vestries and a shorter and much easier 
method is appointed for the recovery of our Stipinds by Law wher- 
ever it may be necessary to have recourse to such a severe and 
desperate remedy. 

We have been favored with another Sermon from the Reverend 
M' Whitefield since my last. He arrived here on his return from 
the Southern Provinces on Thursday evening in Passion Week and 
as I was very sensible that the People were very desirous to hear 
him I waited upon him and offered him the reading desk and 
Pulpit on Good Friday which he thought jiroper to refuse on 
account of his Asthma but accepted of the pulpit on Easter Sun- 
day — Several that had been tinctured with the principles of 
Methodism came a great man}' miles to hear him, but had the mor- 
tification to hear both their principles and practice in general 
condemned. For his Sermon, the very digressive was clear of 
enthusiastic Rant and really a good one the substance of it contra- 
dictory to some of their principal Tenets and particularly severe 
against a vile prejudice to which they were very much addicted 
viz' of making their religion a mere Cloak as pretext for their indo- 
lence and sloth. As his name had been frequently made use of 
here to countenance the principle and practice of an Idle disso- 
lute and disorderly Sect, against which some part of his discourse 
was particularly levelled — I must say his preaching has been of 

VOL. VII — 7 



98 COLONIAL RECORDS. 



infinite service and I should be glad to see him more frequently 
provided he would always preach in the same strain. 

The box of books which were directed to M"' MacDowd I have 
forwarded to Brunswick and they are now in the possession of W" 
Dry Esq" one of the Members of His Majesty's Council at that 



I still continue to enjoy the inestimable Blessing of health but 
my hearing continues a little impaired and I am afraid will never 
be perfectl}' recovered — M' Stewart of Bath has been very sickly of 
late and talks of going to Boston for a few months — His constitu- 
tion seems to be a good deal shattered and I wish his intended 
Voyage may have the desired eifect. 

The Schoolhouse is now in building and I am sorry to say that 
the work" goes on but very slowly, as indeed all Public Buildings 
generally do in Infant Colonies. Men Money and Material are 
wanting but Money chief!}' — For I was obliged to take the sub- 
scriptions in Notes of hand payable six months after date and tho' 
most of the money has been due these six months past yet it comes 
in very slowly and rigorous methods in such cases would be very 
imprudent — However I have no reason to despond and will spare 
no pains to complete the undertaking — M'' Tomlinson continues a 
useful member of Society amongst us, and attends his school with 
very great diligence — He is still unprovided with an assistant but 
expects one daily though a little dubious whether the advantages 

arising from keeping an Assistant will be projiortionable 

to the trouble and expence unless he should be so happj' as to meet 
with a person better qualified for such a place than he can reason- 
ably expect according to his Proposal. He has thirty scholars, at 
Twenty shillings proc : by the quarter which acording to the pres- 
ent exchange amounts to sixty pounds sterling per annum, and 
reajjs no other advantages as perquisite whatsoever that I know of — 
For the people in general* are poor and he may think himself 
extremely hajapy in being regularly paid according to contract — 
In this respect he says he has no reason to complain which I am 
glad to hear for he is the first person I verily believe that ever 
taught school in Newbern for any considerable time without com- 
I^laining of bad pay and very loudlj"^, such complaints I have seen 
nailed up at the Church Door. 

I must beg leave further to observe that all sorts of wares and 
merchandize are excessive dear much dearer I believe in this 



COLONIAL RECORDS. 



province, than in any other on this continent wliich may in some 
measure be owing to our bad navigation but principally to the want 
of a proper staple commodity — Board is likewise very high not less 
than Twenty five pounds sterling per annum in any regular decent 
family and indeed hardlj' any such families to be found that will 
take in Boarders on any terms whatever — Mr. Tomlinson is obliged 
to lodge in a public house which he sa3's is very disagreeable but 
as the children belonging to the family are under his Tuition — he 
meets witli some indulgence in his expenses and therefore submits 
"to the inconvenience on account of his Interest — A house of his 
own in the honourable state of matrimony I presume would be 
a^'eeable would his circumstances permit and I know of no other 
method of living that can be attended with the least satisfaction to 
a regular and virtuous man in this place. 

Clergymen you are sensible are greatly wanting in this province 
but no great arrangement can be given at present for any Clergj' to 
come over upon the sole dependance of the legal stipend — The 
law allows £133. .6. .8 Proc per annum a good Glebe House and 
Glebe Lands (such there is at Bath and nowhere else) or in lieu 
thereof £20 Proclamation- per annum — The total amount of which 
does not exceed £76..13..4 sterling Marriages and funeral sermons 
are the only additional advantages which will net a mere trifle 
after the deducting of travelling charges — But as the British Par- 
liament has thought proper to put an entire stop to our paper 
Coinage or rather the juggling the paper currency and consequently 
our legal encouragement will grow daih" better and better and in a 
few years I expect to enjoy a little more of the Society of my 
Brethren the Clergy. I have made two excursions very lately into 
remote Parishes, preached for several days together and until I 
grew hoarse and baptized upwards of two hundred Children and 
Adults — such journeys are verj' disagreeable for Chiirches or Chapels 
or tolerable accommodations are rarely to be met with — I have 
likewise visited Saint Johns Parish which is a very small one and 
contiguous to Craven County four different times during these last 
six months and baptized Thirty five White Children and one Black 
and administered the sacrament of the Lords Supper to Thirty nine 
Communicants at Newport Chai:)el — 



100 - COLONIAL RECORDS. 



[From Tryon's Letter Book.] 

Letter from Governor Try on to Governor Bull. 

Brunswick, IB'" July 1765. 
The general post has just obtained by the assiduity of some gen- 
tlemen here a communication thro' this Province, by which oppor- 
tunity I send you this intelligence. I shall order the post to be car- 
ried regularly into Charle.stown till I can receive information how 
far the Province of South Carolina are willing to contribute to an 
establishment of such public utility. The Legislature of this 
Province have made some provision to assist the Post Master General 
in the execution of this plan. As North Carolina takes up the letters 
from Suffolk in Virginia, it may possibly not be thought incon- 
venient for South Carolina Province to deliver and receive the mails 
at Wilmington; this however I leave to your consideration. 



[From MS. Records in Office of the Secretary of State.] 

Letter from the Attorney General to Edmond Fanning 

OcANECHY July 25th 1765 
Dear Sir 

I returned on the 25" cur' from the desirable Land of Health and 
Plenty after a stay there of four weeks, during which time I received 
verj^ considei'able Benefit from bathing in the Warm Springs. I was 
sensible of my Imprudence in leaving them so soon as I did, since 
I had reason to hope that the use of them in time would have 
effected a Cure of my Disorder; but the great Difficulty of getting 
Provisions, the Solitude of the Place, the want of agreeable Com- 
pany & my Interest suffering at home on account of ray Absence 
compelled me to return, & the same motives hurrying me on my 
Way back throvigh Drought, Heat, & bad Roads; my Health (and 
that of my Horses) was much impaired before I reached home. 
You no doubt will expect to liear something of the Country, Inhab- 
tants &c., and I will gratify j'ou, as far as I am capable of making 
Observations. The Country I suppose is as healthy as any under 
the Sun, for altho' the cold is very intense in Winter, occasioned by 
the N° Side of the Mountains being covered continually with Snow 



COLONIAL RECORDS. 101 



from December till the middle of March, yet the Weather I am told 
is not liable to those sudden Changes from Hot to Cold that we 
experience here & in Summer the air is the most agreeable medium 
between those Extremes that can be conceived, accompanied with 
pleasant Breazes. The Inhabitants are hospitable in their way, live 
in Plent}' & Dirt, ai'e stout, of great Prowess & manual Athletics, & 
in private conversation bold impertinent & vain. In the art of War 
(after the Indian manner) they are well skilled, are enterprizing & 
fruitful in Stratagems, and when in Action as bold tt intrepid as the 
antient Romans. The Shawanese acknowledge them their Superiors 

even in their own way of fighting The Land, such as is capable 

of Cultivation, is fertile beyond Conception, being much better than 
any I 'ever saw before, but of that there is a very small Proportion, 
much the greater Part being too stony & barreij. It may truly be 
called the Land of Mountains, for they are so numerous that when 
you have reached the Summit of one of them you maj' see thou- 
sands, of every Shape that the Imagination can suggest, seeming to 
vie with each other which should first raise his lofty head to touch 
the Clouds. The ]\Iountains & the Vallies abound with medicinal 
herbs, of almost every kind and there are some curious Flowers and 
other curiosities well worth seeing. There are warm, hot, emetick 
& sweet Springs, most of which I saw; but their Virtues time must 
discover: however it seems to me that Nature has been wanton in 
bestowing her Blessings on that Country & that these Waters are the 
choicest of them. 

I received of Willie your favour of June 3'' & am much obliged 
to you for the List you inclosed & the Care you took of my Letter to 
Beaty. Willie in my absence tendered Ray the money you sent, 
which he readily agreed to take rather than go to Law & you have 
herewith his Receipt in full. There was no Occasion for an Apology 
for the trouble of settling that affair, had it been ever so great, for 
you may on all Occasions freely command, 
D' Sir, 

Your most affectionate friend 

And very hum. Serv' 

ROBERT JONES Juk'. 



102 COLONIAL RECORDS. 



[From Trton's Letter Book.] 

Letter from Governor Tryon to the Society for the Propagation of 
the Gospel in Foreign part.s. 

Brunswick 31 July 1765 
As this province has received considerable advantages from the 
missionaries your society have sent among tlie inhabitants, some 
information of the present state of religion in this colony may not 
be unacceptable to you. Every sect of religion abounds here except 
the Roman Catholic and by the best information I can get, Presby- 
tery and a sect who call themselves New Lights, (not of the flock of 
Mr AVhitefield) but Superior Lights from New England, appear in 
the front. These new Lights live chiefly in the maritime counties, 
the Presbyterians are settled mostly in the back or westward coun- 
ties, tho' the Church of England T reckon at present to have the 
majority of all other sects; and when a suificient number of clergy 
as exemplary in their lives, as orthodox in their doctrine ; can per- 
suade themselves to come into this Countiy, I doubt not but the 
larger number of every sect would come over to the established 
religion. I can hear of but five clergymen at present in this Prov- 
ince, four of whom have missions from the Society Vid' 
The Rev'' Mr Reed of Newbern in Craven County 
Mr Earl near Edenton in Chowan County 
Mr Stewart of Bath in Beaufort County 
Mr Moir, Itinerant Missionary 
I had the opportunity in a tour I made through part of the 
Province to see the above gentlemen, and must observe, I think the 
three first are well settled and established, and I believe them regu- 
lar in the .discharge of their duty. I can speak more particularly of 
Mr Reed, as I saw much of him at the General Assembly held at 
New Bern. I really esteem him a man of great worth. As this 
country is now settled more than 200 miles to the westward of Mr 
Moirs residence, I do not think the province receives any benefit 
from him as an itinerant missionary ; for under that general licence 
of preaching every wh^re, he seldom preaches any where; this 
report I have from some gentlemen in his neighbourhood near the 
Town of Halifax. I do not represent him as an immoral man, but 
should think it advisable, he might be'fixed to some" parish agree- 



COLONIAL REC0RD8. 103 



able to the enclosed Act of Assembly the purport of which is, the 
great inducement of my troubling the Society with this letter. 
Man}' efforts have been made to obtain a good clergy act in this 
province, but as every trial have been as often clogged with objec- 
tions incompatible with the rights of the Crown and the ecclesiasti- 
cal jurisdiction, they have proved fruitless. This Act however I 
flatter myself is free from every, material objection, and therefore 
beg leave to recommend to the consideration of the Society the 
extreme advantage that will accrue to his Majesty's subjects by a 
happy establishment of religion here. As I have pledged my 
endeavours to get decent clergymen to serve in this province, I earn- 
estly hope for a further encouragement from the Society by the 
increase of the missionaries, if only for a term of y^ars till gentle- 
men coming over might reimburse themselves the expense of their 
voyage and first settling here ; which is a charge that must be felt 
by everj^ one, who has only his merit to ballance that account. 
There is at present 32 parishes in the province, and as five are already 
provided, twenty seven clergymen are only required, a number so 
small, that it will be scarce sufficient to perform the marriage and 
burial services, offices at present performed without the greatest 
order or decency, bj' the Magistrates of the Peace, Governor Dobbs 
was interred by a gentleman of this order, no clergyman living 
within one hundred miles of Brunswick. The state of the churches 
in this province beginning at the southward are as follows Vid' 
At Brunswick, only outside walls built and roofed 

Wilmington, walls only. 

Newbern, in good repair. 

Bath, wanting considerable repairs. 

Edenton, wanting as much. * 

As no British colony on this continent stands in more, or so 
much need of regular moral clergymen, as this does, I hope the 
Society will give all possible assistance to contribute to the happy 
eff'ects of the present orthodox bill ; should I be so happy to meet 
with a favourable regard to my recommendations, I shall on a 
proper opportunity communicate to the Society the future state and 
progress of religion in this colony. Chaj^els are established in every 
county which is served by a Reader where no clergy can be pro- 
cured, tliey have two, three, or four more or less, in each county 
according to the number of the inhabitants, or extent of the count}'. 
If the Society would send for my distribution or the Governor's for 



104 COLONIAL RECORDS. 



the time being as many well-bound bibles and prayer-books for the 
ministers desks as there are parishes, it would have a better effect 
than a ship load of small books recommending the duty of a chris- 
tian. The ignorant would hear their duty delivered out of the 
former, when they could not instruct themselves in the latter. This 
incapacity prevails from a want of schools in the province which 
consideration brings me lastly to solicit the Society's bounty, and 
encouragement to Mr. Tomlinson, at present seated at Newbern. 
His memorial I enclose at his request certified by many gentlemen 
some of whom I am acquainted with, I had a long conversation 
with Mr Tomliuson and from the sense and decency of his beha- 
viour, and the general good character he maintains, obliges me 
warmly to solicit the society in his behalf. He is the only person of 
repute of that profession in the countrj' ; He was invited to America 
by a brother who has a plantation near Newbern. I really think 
him deserving the favourable attention of the Society and as such I 
recommend him. I cannot conclude this letter without acquainting 
the Society the Rev'* Mr Whitefield preached a sermon at Wilming- 
ton in March last which would have done him honour had he deliv- 
ered it at St James's allowing some little alteration of circumstances 
between a discourse adapted for the Royal Chapel and the Court 
House at Wilmington. As considerable sums of money have been 
raised by subscription for furnisliing the churches of Wilmington 
and Brunswick I expect they will lioth be completed in less than 
twelve months 

I am gentlemen with esteem &c* 



[From Teyon's Letfer Book.] 

Letter from Governor Tryon to the Board of Trade 

Brunswick 15"" August 1765 
In my letter of the first of April, I had the honour to acquaint 
. your Lordships of the death of Governor Dobbs and of my iirten- 
tions to propose to his Majesty's Council, that the CJeneral Assembly 
of this province might meet at Newlieru. 



COLONIAL RECORDS. 105 



On the 3* April I sat in Council with the following gentlemen, 
Vid' 

Mr Murray President 
Mr Hasell ) ( Mr Dry 

Mr D'Rossett > Members < 

Mr Rutherford j ( Mr Heron 

when I had the satisfaction to receive their unanimous opinion that 
a Proclamation should issue to summon the General Assembly to 
meet the 2'' of May following at Newbern. 

The Speaker of the Assembly made a House with twenty five 
members the S* of May : the Journals of the Council and Assembly 
inclosed, with the Acts, will give your Lordships information of the 
proceedings of the General Assembly. 

In my speech I proposed that the salaries for the Clergy should 
be paid by the public Treasurers, as that mode of payment I 
judged would have been a stronger inducement for young clergy- 
men of merit to come over to the colony ; the public faith of the 
province being more immediately ])ledged for the paj^ment of the 
salaries, than when in the Vestry. However as the present law has 
provided a very summary way to obtain the salary, I am of opinion, 
the pa3'ment by the Vestry, is no ways objectionable, I was of 
the oj^inion too, that the mode of payment by the Treasurers from 
a general fund to be more equal than a tax raised by each parish, 
for their respective clergy, considering the great inequalitj' in the 
number of inhabitants, in the different counties, or parishes ; but 
this reasoning was not attended to, as the majority in the Assembly 
were the representatives of the lower counties 

The certificate to be obtained from the Bishop of London, repre- 
sented as requisite before presentation, is omitted in the Act, an 
omission that appears immaterial, unless his Lordship ghould con- 
sider it as a necessary ecclesiastical jurisdiction, and in this case, an 
instruction to the Governor might remedy that omission, Upon the 
whole I am inclined to believe your Lordships will find this Act as 
unexceptionably framed as any Clergy Act in any of his Majesty's 
colonies: If your Lordships should recommend it to his Majesty 
either to be confirmed, or remain in force till some trial may be had 
of its efficacj', the enclosed packet, enforced with your Lordships 
recommendation, I should wish might be sent to the Society for the 
Propagation of the Gospel, When I receive your Lordships opinion 
on this Bill I will write to tliose of my private correspondence from 



106 COLONIAL RECORDS. 



whom I expect assistance in sending, not the sweepings of the 
Universities over, but some clergy of character. I could wish my 
Lords to be informed of the manner and forms of induction to such 
clergy, as arrive properly qualified. 

I must next observe that as no steps had been taken relative to 
the extract of your Lordships Journal of the 13'" December 1763, 
which I mentioned in my letter of the IS* October 1764, to have 
delivered to the late Governor, and who could not give me the least 
account what were the objections referred to in it: I laid it the 
11"" of May before the House of Assembly; the result of which 
your Lordships will see by their Journals the 13*" of the same 
month ; when your Lordships honour me with the objections referred 
to, and they are removed hy the Assembly : I see no obstacle to 
prevent his Majesty's allowing the Assembly's request for the appli- 
cation of the £18000 proclamation money, as directed by the 12'" 
Sec of the Act passed in 1754 for granting to his Majesty the sum 
of forty thousand pounds in public bills of credit (fee" I believe it 
will appear expedient to your Lordships that the £18000 may be 
applied as part of it is to pui'chase glebes and erect buildings for 
the ministers 

As to the consideration recommended by the Earl of Halifax, of 
the General Post to be carried thro' this extensive continent; the 
sum allowed by Resolve of this session, may possibly be sufficient, 
to helj] to convey through this province, as tolerable good boats are 
established over all the ferries on the sea board route ; and the roads 
good for horsemen. 

An Act for facilitating the navigation of Port Bath, I'ort Roanoke 
and port Beaufort, I rejected; for that it contained a clause which 
directed a tax to answer the expence of clearing the navigation, to 
be laid on yessels entering the said ports, exempting such as wholly 
belonged to the inhabitants of this province. 

The following is the clause abstracted from the Bill, " Be it enacted 
&c' that the following taxes should be paid by the master of each 
vessel, that shall enter into any of the said ports, except such vessels 
as are wholly owned by the inhabitants of this province, to the col- 
lectors of the respective ports, that is to saj', for every vessel of fifty 
tons, or under, six shillings, for everj^ vessel above fifty tons and 
under one hundred tons, twelve shillings, for every vessel above one 
hundred tons, twenty shillings." 



COLONIAL RECORDS. 107 



I construed this exception to be contrary to the 32'' Article of the 
late Governors instructions 

Your Lordships will observe on the last day of this Session the 
Council sent the following message to the Assembly, Vid' 

Mr Speaker &c 

This House desire all letters and paj)ers received from the Agent 
in England since the last Session of Assembly, be sent for their 
perusal, 

which message the Council informed me was not comj^lied with. It 
seems the Committee of Correspondence with the Agent, is composed 
whoU}' of members of the Assembly : This is in express opposition 
to the sentiments communicated from your'Lordships Board, in a 
letter to Governor Dobbs, bearing date the 1°' of August 1759, Viz' 

"The Committee of ' Correspondence ought to have consisted of 
some members of the C'ouncil, and not to have been entirely com- 
posed of the members of the House of Representatives." If at the 
next Session of Assembly His Majesty's Council are not admitted to 
have some members in the Committee of correspondence, and also 
to have at all times, the same freedom of inspection into the Cor- 
respondence to, and from the Agent of the province, as the Assem- 
bly claim, I shall then submit it to your Lordships, if any repre- 
sentation or application presented by the Agent, coming solely from 
the Assembly, should not remain under a suspension, whether laid 
before his Majesty in Council or your Lordships Boards till the 
Council could be informed of the nature of such representation or 
application, and their opinion reported thereon. 

The two Houses not coming to any agreement in the appointment 
of a Treasurer for the Southern District, vacated by the death of 
Mr Starkey, that the province might receive no detriment, I have 
commissioned Mr Samuel Swann the Treasurer during my pleasure, 
or until the end of the next session of Assembly ; when the Legis- 
lature will either confirm my appointment, or make their nomina- 
tion of a Treasurer. The hurry the Representatives were in to get 
to their plantations, was, I guess, the reason that they did not enter 
into an examination of their public funds; I shall however again 
recommend the necessity of such an enquiry. The Assembly stands 
prorogued to the 27" November next, to be then held at Newbern. 
In another packet I shall send the drafts of the line nni between the 



108 COLONIAL RECORDS. 



Kings and Lord Granville's district, and also the lines that was run 
at the time of my arrival in this Province in October last between 
the two Carolinas. 

I am my Lords, &c' 



[P. R. O. Am: & W. IND : Vol. 269.J 

John Stewart (Indian Agent) to John Pownall 

Charlics Town 24 xVugust 1765. 
Srk 
* * * * * * *,* * 

To the Northward the Province of North Carolina granted Lands 
as far back as the Mountains and deprived the Indians of the Lower 
Cherokee Towns of the most valuable part of their hunting Grounds. 

In May last some Cherokee Indians being among the Settlements 
of Virginia with friendly Intentions were set upon by a party of the 
Inhabitants and five of them were killed and some of those who 
escaped were wounded of which they died after their return to 
their Towns. 

These Circumstances crowding upon the back of each other so 
enraged and alarmed the Indians that all the Address of M' Cam- 
eron and Ensign Price commanding at Fort Prince George was 
hardly sufficient to hinder them from taking immediate Revenge 
on the White . People who lived amongst them and M' Cameron 
quotes it as a most lucky circumstance that at the time when they 
heard of the murder in Virginia there was no Rum in the Nation 
I must beg leave to refer you to Copies of Letters" from Major Lewis 
M' Cameron and Ensign Price for more particular accounts of this 
matter and the situation of affairs in that Nation. 

Lieutenant Governor Bull saw the necessity of satisfying the 
Indians with respect to their Lands and sent them a Message pro- 
posing to run a line that would cover the new Settlements but the 
Indians would not agree to his Proposal and excused themselves 
from taking any Steps in that matter till my return. I send 
inclosed a copy of their answer to the Lieutenant Governor. 

The fixing and ascertaining a distinct Boundary between the 
Indians and all the Provinces is essential to the Tranquility of this 



COLONIAL RECORDS. 109 



district ; it is a Point which greatly concerns them and to which they 
are extremely attentive. 

The Murder of their People by the back Settlers of Virginia has 
not so bad an Effect and the consequences are not so much to be 
apprehended as of Encroachments on their Lands. The Indians 
can comprehend that the wicked actions of a few Individuals ought 
not to be considered as a Proof of the Intentions of the whole 
Community and will be well satisfied to have the Perpetrators 
brought to Justice But Grants of Land claimed by them they know 
to be the Acts of Whole Provinces which alarms them and they 
consider as incontestible Proofs of our bad Intentions and want of 
Faith. 

It is not the Cherokees alone who think themselves injured ; the 
Jealousy of all the Nations is awakened and the bad impressions 
left on their minds by the French confirmed by these Encroach- 
ments. 

The Mortar has sent me word that I talk with two Tongues for 
whilst I was making things straight in one part of the World our 
People were killing the Red Men and stealing their Lands in another 
and that he could put no confidence in People who act in such a 
manner. 

The Little Carpenter went to Virginia to enquire about and ask 
satisfaction for the murder of his Friends I am as yet not acquainted 
with the result of his Embassy. 

The Settlement of these differences with the Cherokees and the 
establishing a fixed Boundar}' as well as making such arrangements 
as may be judged convenient by their Lordships may render it 
necessary to have a meeting with the Chiefs relative to which I liope 
to be honoured witii their Lordships commands. 

The Trade to the Cherokee Country is in the same state and con- 
fusion or worse than in the other nations. The Governors of 
Georgia and this Province do not choose to bind the Traders to the 
Observation of the Regulations drawn up and agreed to in West 
Florida. It is true that those licenced in Georgia are laid under 
several "good Regulations but they are not by them subjected to obey 
or pay the least attention to any Orders or Instructions from the 
Superintendent his Deputies or any other person under him. 

The Traders from this Province are obliged by Bond to observe 
such Regulations as His Majesty shall at anj^ timo think fit by him- 
self or his Commissaries to be appointed for that purpose to direct 



110 COLONIAL RECORDS. 



and appoint for the Benefit of said Trade agreeable to his Majesty's 
Proclamation of 7"* October 1703. but they are in no other respect 
limited. 

As the Disorders occasioned by the free and unrestrained Intro- 
duction of Rum from South Carolina are so much complained of by 
the Officer commanding at Fort Prince George and M' Cameron I 
thought it my Duty to represent that matter to M' Bull that he 
might lay his Traders under such restraint as would remedy that 
Evil which I did by letter Copy of which with M' Bull's answer I 
now send. I also send a Report of People trading in that Nation. 

I have made repeated applications to M' Bull to put some stop to 
the importation of Rum to the Cherokee Nation to which however 
no attention has been paid and as the Traders are not obliged to 
obey any orders I cannot remedy the evil nor prevent the bad con- 
sequences that may be exi^ected from it. The Ti'aders from this 
Province and Georgia to the Creek Choctaw and Chickasaw Nations 
are upon the same Footing and will render abortive every measure 
pursued by Governor .Johnstone and me to regulate matters in those 
Nations. 

If their Lordships judge it for tlie good of His Majesty's service 
that any attention he paid to what I may propose to the respective 
Governors with regard to Indian affairs till such time as they are 
thoroughly settled at home may I hope that they will be pleased to 
signify tlie same and how far the Traders are in any respect to be 
subjected by their Licence to any orders and directions. 

I cannot inform you particularly of M' Bull's Negociations with 
the Cherokee Indians relative to a Boundarj^ Line as they have all 
been carried on entirely independent of me, my having any concern 
in that matter being thought quite unnecessary by the Lieutenant 
Governor. 

I humbly offer it as my opinion that it cannot be done properly 
but with the consent of all the nation any Grant from a Part will be 
productive of perpetual grumbling and disputes and I humbly sub- 
mit to their Lordships if such matters .should not be transacted with 
the Participation of their Superintendent or some person acting for 
him as he will be applyed 'to by the Indians in case of any dispute 
and therefore it seems proper that he should be acquainted with the 
circumstances of such Transactions. 

I beg leave to observe that the far Extension of our Boundaries 
backwards by approaching too near the Indian Nations will expose 



COLONIAL RECORDS. Ill 



us to perpetual Broils. The Inhiibitaiits of tho.se back Countries 
are in general the lowest and worst jiart of the People and as they 
and the Indians live in perpetual Jcalou.s}' and dread of each other 
so tlieir rooted hatred for each other is reciprocal. 

The Laws in the American Provinces are not strong enough to 
operate with necessary ^'4gor amongst people living so remote and 
who require to have the hand of Justice perpetually stretched over 
them and I submit to their Lordships how far such people so 
situated answer the Tenet of Colonists Their distance from com- 
merce laj's them under the necessity of making Cloths and other 
Stuffs for themselves and the Productions of the back Countries 
especially more Northerly are similar to those of the Mother Coun- 
try. 

This is what appears to me to he the present state of Indian 
Affairs to give their Lordships an Idea of which it became necessary 
for me to relate many circumstances which has greatly protracted 
this Letter I shall be extreamly liappyif the Intelligence it con- 
tains can be of the least Utility 

I must observe to their Lordships that though the Expences 
incui'red in treating with the Indians in West Florida were high yet 
they were greatly augmented by the necessary Steps pursued to 
facilitate Major Farmer's Expedition as well as the Dearness of Pro- 
visions and of Goods necessary for Presents. 

The Entertainment of Head Men and Principal Warriei-s fell very 
hard on Governor Johnstone and me we had never less than forty 
or fifty Indians dining in the Room and at Table with each of us 
who eat and drank as we did ; this Respect the Medal Chiefs and 
Principal Indians claim as due to their Rank and which thej' were 
accustomed to by the Frenph upon such Occasions which -with 
other extraordinary' tho' necessary Expences far surpassed what my 
Appointments could bear which I submit to their Lordships con-, 
sideration. 

If it should be judged advisable to distribute a certain proportion 
of Presents annually to the Nations in this Department I think the 
sum of Five Thousand Pounds Sterling laid out in such goods and 
the same Proportion as contained in the inclosed calculation to be 
bought in England of the best Hands will fully answer every 
purpose and then the particular presents sent to the respective Gov- 
ernors may be saved with whom the Superintendent would lodge a 



112 COLONIAL RECORDS. 



BufBcient quantity for visiting Parties out of the above quantity the 
Best to be regularly distributed to each nation at annual Meetings. 

Should the Governors of South and North Carolina and Virginia 
find it necessary to meet any of the Nations in this District upon 
Business merely Provincial their respective Provinces are well able 
to defray the Expences of such Meetings, the three Southern 
Provinces especially the two Floridas will require the help of the 
Mother Country for many j'cars. 

The Measures pursued by me in calling the Indians together 
were principally pointed out to me by General Gage's Orders as 
well as evident necessity. 

Through the wliole of my Transactions as far as circumstances 
would permit I had the strictest attention to Economy and in every 
step I was actuated by Zeal for his Majesty's service which will I 
hope intitle me to their Lordship's protection 

On the lO"" Curr' I am to embark for S' Augustine where I am to 
assist Governor Grant in setting a Boundary between the Province 
of East Florida and the Lands reserved by Creeks in Obedience to 
his Majesty's Commands. 

I have the Honour to be with the greatest Respect 
Sir 

Your most obedient 

most humble servant 

JOHN STUART. 
Fort Prince 



[P. R. O. No. Carolina. B. T. Vol. 14.] 

Letter from the Commissioner of Dock Yard to Governor Tryon 

Portsmouth 27"' Aug' 1765. 

The Neglect of M' Heron's Master calling for my Letter as he 
punctually promised, lost me the opportunity, of punctually owning 
the receipt of your Obliging Letter, with the Plank forwarded in 
his Vessel 

I laid both before the Navy Board in hopes of Seconding your 
offer in such a manner, as might obtain an Order for the Planks 
quality to be examined, and how far it might be made use of for 
the Service of the Navy, and have procured an Order to Survey and 



COLONIAL RECORDS. 113 



RpjHirt them, wliich lias been done, and by tlie Officers of the 
Yards return, thej' are Reported to be 40 foot Long, Nine Liclies 
Broad clear of the Saji, and are of Yellower complexion than those 
brought from Prussia, not of so clear a Colour, but as close a Con- 
texture ; but whether they are more or less durable, time must 
determine : We have caused Two Pieces of equal Dunensions to be 
weighed, and could not perceive any Essential difference ^- they 
appear fitting to be work'd for Ships Decks — since this Survey and 
Opinion has been sent to the Board, I have heard nothing further 
from them, but imagine some experiment will be made in the 
Service they are proposed for. 

Give me leave to Congratulate your j>romotion to tlie Govern- 
ment of N° Carolina and to assure you, I am verj' unfeiguedly &c* 

R HUGHES. 



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

Letter from the Boardof Trade to Governor Tryon 
Sir 

Tlie inclosed Copy of a Letter to this Board from the Earl of Hali- 
fax, late one of His Majesty's principal Secretaries of -State, contains 
His Majesty's Orders and Directions in request to a Demand of 
£1000 Carolina Currency, made by M' Samuel Wyley for surveying 
the Catawbaw Lands, in consequence of what was stipulated with 
that Nation at the Congress of Augusta in 1763 ; and as it appears 
to us to be ju.st and reasonable, that the Expence of this necessary 
Service .should be equally borne b}^ the Provinces of North[?] Caro- 
lina, wliich alone are immediately interested in the Case We do in 
pursuance of His Majesty's Pleasure signified to us, desire that you 
will cause a Moiety of whatever Sums the Expence of that Service 
shall reasonably amount to, to be immediately defrayed out of such 
Provincial Funds, as are appropriated and applicable to contingent 
Services of Government in general, or, if there are no such Funds, 
that you will recommend it in His Majesty's name to the General 
Assembly to make a proper Provision for the payment of such 
Moiety, out of the first Supplies which shall be granted for the sup- 
port of Government. We are Sir etc 

DARTMOUTH 
J DYSON 
VOL. vir— 8 W"" FITZHERBERT. 



114 COLONIAL RECORDS. 



[From MS. Records in Office of the Secretary of State.] 

North Carolina \ 
Anson County, j 

Know all Men by these Presents, that we Samuel Spencer, 
Anthony Hutchins, Charles Medlock and Samuel Snead, all of 
Anson County in the Province of North Carolina, Gentlemen, are 
held and firmly bound unto the Justices of the Inferior Court of 
Pleas and Quarter Sessions of and for tlie said County of Anson, in 
the Sum of One Thousand Pounds Proclamation Money, to be paid 
to the said Justices and their Successors ; and for which Payment 
will and truly be made, we bind ourselves, and each of us, our, and 
each of our Executors and Administrators, jointly and severally, 
firmly by these Presents. — Sealed with our seals and dated this 
Twenty Third Day of October in the Year of our Lord, One Thou- 
sand, Seven Hundred and Sixty Five. 

The Condition of the above Obligation is such, that whereas the 
above bounden Samuel Spencer hath lately obtained from the Hon- 
orable Benjamin Heron Esquire his Majesty's Clerk of the Pleas 
of the said Province of North Carolina, a Commission bearing Date 
the Sixteenth Day of October in the said Year of our Lord, 1765. 
thereby constituting and appointing him the said Samuel Spencer 
Deputy Clerk of the Pleas for the said County of Anson, during the 
Good Behaviour of him the said Samuel Spencer, according to the 
Act of Assembly in that Case made and provided : — Now, if the 
said Samuel Spencer during his Continuance in the said Office of 
Deputy Clerk of the Pleas for the said County of Anson, shall 
safely keep the Records of the said Court, that shall come into his 
Possession by Virtue of his said Office, and shall faithfully dis- 
charge his Duty in his said Office, then the above Obligation shall 
be void and of no Effect; but otherwise shall be and remain in 
full Force and Virtue. 

Sealed and dehvered SAM' SPENCER 

in the Presence of ANTH HUTCHINS 

Thomas Frohock, CHA» MEDLOCK 

FoRiDHAN Lewelung SAlVr SNEAD 



COLONIAL RECORDS. 115 



[N. C. Letter Book S. P. G.] 

Letter from M' Earl to the Secretary. Extract. 

Edenton 20'" October 1765 
Reverend Sir N° Carolina 
Since my letter to you of April last I have baptized in 



the Parish 37 Children and administered the sacrament of the Lords 
Supper to 30 Communicants I have preached this Summer and 
Autumn to three different Congregations in Berkley Parish who are 
destitute of a riiinister of the Gospel and likewise to one Congre- 
gation in Society Parish in both which parishes I baptized 85 
children 



[B. P. R. O. A. & W. 1 Vol. 269.] 

Copy of a Talk from the Headmen and Warriors of the Cherokee 

Nation dated Fort Prince George 20"" October 1765. 

At a meeting held the 20"' October 1765. It was agreed by the 
Prince of Chote, head beloved man of the Nation, Jud's Friend, and 
all the Warriors and head beloved men of the Lower Towns, that 
the Line should be run at Dewis's Corner, and the inclosed is a 
copy of the Cession ; Two Belts and Strings were given from Chote 
and Keowee the beloved, and many other principal Towns with the 
stronge.st assurances of the Pacifick Disposition of the Nation, besides 
the following which is in substance as it was delivered by the Prince 
and Jud's Friend, in the name of the whole Nation. 

That as the Lower Towns had already consented to the Lines 
being run as above, there should be no objections made on that head 
hereafter, that what they now agreed to, should be final, but that 
they hoped the marking the same would be deferr'd till the Spring, 
as their Hunting season was come on and it would be inconvenient 
and a loss to them to attend before. 

That as this Cession is an instance of their duty to King Geoi'ge 
and their love for their Brothers, the white people, in as much as 
they have given part of their Hunting grounds away, because they 
would not put any of their poorer Brothers to the inconveniency of 
moving; they hoped it would recommend them to the particular 



116 - COLONIAL RECORDS. 



favour of their Brother Lieutenant Governor Bull, and their Father 
Captain Stuart, whom they desired would inform the King their 
great Father of the same, and put him in mind of his cliildren. 
That they further hoped this wou'd recommend them to the Country 
People and be a means of treating them with confidence and civility ; 
That on their parts they should look on this as a lasting bright 
chain, which they should alwa3^s hold one end of fast, resting in the 
confidence that the Line would always be remembered by their 
Brothers, with the same justice to their children, as to them That 
they expect the Line on the North Carolina side shall commence 
where that of the South Carolina side terminates, and be run a 
North Course into the Mountains, whence a straight Line to the 
Lead Mines of Colonel Cheswell should fix the Boundary on the 
Virginia side, That the late murder of some of their friends in 
Virginia was still fresh in their minds, but alleviated by the prom- 
ises of satisfaction they have received, if the persons can be taken, 
and if not, as they are convinced what happened was not thro' a bad 
disposition of all their Brothers the English, they will not insist 
further, and lastly, that their old and constant enemies had now 
found the way to the Lower Towns that they begged of their 
Brothers a small quantity of ammunition to be employed against 
them. 

After the above it seems some discontent prevailed amongst the 
young men who had not been sufficiently apprized of the Line's 
place, as I conjecture, and the 22'' was appointed for another meet- 
ing. Jud's Friend after a private consultation with the Warriors 
spoke as follows. 

My Eldest Brothers, Ensign Price and M' Cameron, I was at 
Augusta, as were many of my Nation, we have the Talks in our 
remembrance, that were delivered there ; we have likewise the most 
dutiful affection for our great Father the King and hope for his most 
gracious notice and protection, being but a handful of his children 
in comparison of the many he has. The Land we gave the other 
day we wish may be fruitfuU of grain; we gave with it to our 
Brothers the game that is upon it the grass for their cattle to feed 
upon, the running waters and springs that are upon it for their 
drinking, the wood for their burning; and hereafter shall never 
make any claims to anything belonging to it^ Of our Talk write to 
the Warriors of the water side, that they may tliink favorably of us. 
I desire all our Brothers to remember all our dciiendence for the 



COLONIAL RECORDS. 117 



necessaries of Life is upon Hunting that we shall hunt no wliere but 
on our own Land, and that we exjject to reserve it for ourselves 
unfrequented by white Hunters. 

My Brothers of the Lower Towns hear me ; now God is the maker 
of both white and red People, and we are all his children. The 
Land he gave to us all, and we have divided it, our Brothers have it 
in writing, and we in our minds, there is no difference between them 
and us, we are both alike, the blood flows in their veins as in ours and 
we have essentially the same passions and desires, therefore let us hear 
of no discontents about the Line, it was agreed upon and given by 
you to the Warriors of the Fort before the Prince, and I came down, 
and there is yet enough reserved for you; We have settled all mat- 
ters very satisfactory with our Brothers here for you, and they take 
care of you, therefore build good Houses and think of living amica- 
cably and peaceably, nor say hereafter you know not where the Line 
is to be run. I tell you all it is at the Yellow Water & is to be done 
in the Spring, so don't shame your Warriors any more with being 
told that 3'ou went below it, stole horses, burnt the woods and com- 
mitted other disorders; but when you buy a horse or a gun take 
care tliat you get a Bill of sale with it. You see the pains our Eld- 
est Brothers the warriors here are at to take rogues and send them 
from among us, to secure to us our property. Will you not then be 
honest? or what course are your Warriors to take with you? for we 
are tired travelling backwards and forwards to make up matters 
for }'ou. 

We had promises of a good Trade from His late Majesty King 
George and these have been repeated by His present Majestj^ whom I 
have seen; the Nation is accordingly well supplied, but as your 
Ground is now somewhat abridged and the game grow scarcer every 
year, I shall on your behalf and do now request of our two Brothers 
here to write to our Brothers below to settle rates upon the goods, 
lower than what tliey are sold for at present; and, as our minds are 
all become straight, I entreat we may have Rum brought among us 
again, the Warriors will be answerable that no bad consequences 
shall arise from it, nor do we desire it in the abundance we had it 
formerly ; but the Trader to be restricted to bring no more than six 
Kegs unmixed to this Town and to oblige Him to sell them for Pro- 
vision — Kind and not for skins. 



118 COLONIAL RECORDS. 



[From MS. Records in Office of Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Brunswick 24'" October 1765. 
Present 
His Honour the Lieut Governor 
( James Hasell John Sampson ^ 

The Honble < John Rutherford and > Esquires 

( Lewis H. DeRosset Robert Palmer j 

His Honour the Lieut Governor being very unwell, Desired of Mr 
President Hasell to sign his Name to the Warrants in the Presence 
of the Council. 

Read and passed Warrants from N" 1 to N° 506 inclusive, Except 
N° 50 and 51 not then made out, and N" 4, 5, 134, 151, 152, 153 & 
864, Caveated as per Entry Book. 

Ordered that a Proclamation issue to Prorogue the General Assem- 
bly to the 12"' day of March next (in the following Words) Viz 

North Carolina 

By the Honourable William Tryon Esq" His Majestys Lieut. Gov- 
ernor and Commander in Chief, in and over the said Province 
A Proclamation, 

Whereas the General Assembly of this Province stands Pro- 
rogued to the Twenty Seventh day of November next, and there 
appears no immediate necessity for their meeting at that time; I 
have therefore thought fit by and with the advice and consent of 
His Majesty's Council further to Prorogue the said Assembly to the 
Twelfth day of March next. And the said Assembly is accordingly 
thereby prorogued to the said twelfth day of March next. Then to 
meet at New Bern. 

Given under my hand, and the Seal of the said Province at Bruns- 
wick, this twenty fifth day of October, In the Year 1765, And in the 
Sixth Year of His Majestys Reign 

W-° TRYON. 
By His Honours Command 
Thos Rutherford D. Sec. 

God save the King. 



COLONIAL RECORDS. 119 



At a Council held at Brunswick 26"" October 1765. 
Present 
His Honour the Lieut Governor. 
( James Hasell 



The Honble < John Rutlierford and > Esquires 
( Robert Palmer j 

Read and passed sundry Warrants Viz' N" 51, 771, 775 & 806 to 
872. Inclusive. 

Read the Petitions of James M'Daniel, Rob' Johnston, Robert 
Kerr and Samuel Stuckey for Resurveys of Land which were 
Granted. 



At a Council held at Brunswick 28'" October 1765. 
Present 
His Honour the Lieut Governor. 
( James Hasell William Dry ^ 

The Honble < John Rutherford and V Esq" 

( Charles Berry Robert Palmer j 

Maurice Moore Esq' Associate Justice of the Superior Court for 
the District of Salisbury having reported to His Honour the Lieut 
Governor in Council, that one Cochran was convicted before him at 
the last Superior Court held for the District of Salisbury for Horse 
Stealing, and having represented the said Cochran as an object of 
Mercy he api)earing upon Trial to have Laboured under some Cir- 
cumstances of Insanity. 

It is the opinion of this Council the said Cochran is a fit object of 
his Majesty's Mercy. 

Read and passed sundry Patents for Land from N° 1 to N° 82 
inclusive. 



At a Council held at Brunswick 30"" October 1765 
Present 
His Honour the Lieut Governor. 

{James Hasell ~| 

John Rutherford and > Esq" 

Robert Palmer J 

Read the Petition of Thomas Rutherford together with tlie .sur- 
veyor Generals Returns of the Resurveys by his Deputy Robert 
Edwards of three Patents of the said Thomas Rutherford agreeable 
to his late Excellency Gov' Dobbs Order in Council the 16'" Novem- 



120 COLONIAL RECORDS. 



ber 1764. Whereby it appears that his said Three patents bearing 
date 12 December 1757 Viz. One in the name of John Rutlierford 
for 40D Acres, one other in the said Thomas Rutherfords name for 
160 Acres, and another in the same name for 300 Acres, all of the 
same Date and recorded in the Secretarys Office in Book N° IL Page 
146 all of which said Lands interfere with other prior patents, and 

therefore Petitioned to be struck off the rent Roll Ordered that 

the said patents be declared void, and so marked upon the Records, 
and the said Thomas Rutherford to be struck off the Rent Roll for 
the said three tracts of Land. 

Read the Petitions of John Russell, John West, James Williams, 
Micajah Frazer, Thomas Cunningham, James Frazer, Richard 
Blackledge, Francis Jackson and Daniel White for Resurvey War- 
rants which were Granted. 

Read and passed Sundry Patents for Land from N° 83 to N° 419 
inclusive. Except N" 277, 287 & 288, which were Caveated, and N" 
134 and 313 postponed. 

Read and passed Warrants from N° 869 to 900 Inclusive. 



[From the Court Records of Rowan County.] 

31" October 1765 
N° 65 Francis Lock Esq" Late Sheriff of Rowan County 

To Sam' Smith Dr 

Sep' y" 7"" To Iron and making Two pair Large Bolts for 

the legs of Criminals at Your Request £0 10 

To Ditr 2 Pair of Strono- Handcuffs 12 



£1 10 



N° Carolina "( 

Rowan County j This day Samuel Smith personally appeared 
before me the Subscriber and Made Oath on the 
Holy Evangelist that the Above Ace' is Just and 
True and that he has not Rec* any Satisfaction for 
the Same Sworn and Signed to before me this 31" 
day of October 17<>") 

SAMUEL SMITH. 
Jn° Brandon 



COLONIAL RECORDS. 121 



[Repkinted from Marshall's Lite of Washington, Vol. II, Note. No. V.] 

. RESOLUTIONS OF THE NEW YORK CONGRESS. 

October 1765. 
" The Member.s of thi.s Congress, sincerelj^ devoted, with the 
warmest sentiments of affection and duty, to his Majesty's person 
and government, inviolably attached to the jaresent happy establish- 
ment of the protestant succession, and with minds deeply impressed 
by a sense of the present and impending misfortunes of the British 
Colonies on this Continent ; having considered, as maturely as time 
will permit, the circumstances of the said Colonies, esteem it our 
indispensable duty to make the following declarations of our hum- 
ble opinion, respecting the most essential rights and liberties of the 
Colonists, and of the grievances under which they labour, bj' reason 
of several late Acts of Parliament. 

I. That his Majesty's subjects in these Colonies, owe the same 
allegiance to the Crown of Great Britain, that is owing from his 
subjects born within the realm, and all due subordination to that 
august bod}' the parliament of Great Britain. 

II. That his Majesty's liege subjects in these Colonies are entitled 
to all the inherent rights and liberties of his natural born subjects, 
within the kingdom of Great Britain. 

III. That it is inseparably essential to the freedom of a people, 
and the undoubted right of Englishmen, that no taxes be imposed 
on them, but with their own Consent, given personally, or by their 
representatives. 

IV. That the people of these Colonies are not, and, from their 
local circumstances, cannot be represented in the house of Commons 
of Great Britain. 

V. That the only representatives of these Colonies are persons 
chosen therein by themselves, and that no taxes ever have been, or 
can be constitutionally imposed upon them, but by their respective 
legislatures. 

"\'I. That all supplies to the Crown being free gifts from the peo- 
ple, it is unreasonable, and inconsistent with the principles and 
spirit of the British Constitution, for the people of Great Britain to 
grant to his Majesty the property of the Colonists. 

VII. That trial by jury is the inherent and invaluable right of 
every British subject in these Colonies. 



122 COLONIAL RECORDS. 



VIIL That the late Act of parliament entitled 'An Act for 
granting and applying certain stamp duties, and other duties, in 
the British Colonies and Plantations in America ' &c. by imposing 
taxes on the inhabitants of these Colonies ; and the said Act, and 
several other Acts by extending the jurisdiction of the Courts of 
admiralty beyond its ancient limits, have a manifest tendency to 
subvert the rights and liberties of the Colonists. 

IX. That the duties imposed by several late Acts of parliament 
from the peculiar circumstances of these Colonies, will be extremely 
burdensome and grievous ; and from the scarcity of specie, the pay- 
ment of them absolutely impracticable. 

X. That as the profits of the trade of these Colonies ultimately 
center in Great Britain, to pay for the manufactures which they are 
obliged to take from thence, they eventually contribute very largely 
to all supplies granted to the Crown. 

XL That the restrictions imposed by several late Acts of parlia- 
ment on the trade of these Colonies, will render them unable to 
purchase the manufactures of Great Britain. 

XII. That the increase, prosperity, and happiness of these Colonies 
depend on the full and free enjoyment of their rights and liberties, 
and an intercourse with Great Britain mutually affectionate and 
advantageous. 

XIII. That it is the right of the British subjects in these Colonies 
to petition the King, or either house of parliament. 

XIV. That it is the indispensable duty of these Colonies, to the 
best of sovereigns, to the mother countr}'', and to themselves, to 
endeavor, by a loyal and dutiful address to his Majesty, and hum^ 
ble application to both houses of parliament, to procure the repeal 
of the Act for granting and applying certain stamp duties, of all 
clauses of any other Acts of Parliament, wliereby the jurisdiction of 
the admiraltj' is extended as aforesaid, and of the other late Acts 
for the restriction of American Commerce." 



[B. P, R. O. America & W. Indies. Vol. 214.] 

Brunswick N C 5 Nov 1765 
Sir, [Gen'l Conway Sect'y of State] 

I had the Honour to receive the Second of this Month, your Let- 
ter Dated the I'i'" of Jul}', to inform me His Majesty, had been 



COLONIAL RECORDS. 123 



graciously pleased to Deliver to you, the Seals for the Southern 
Department. 

His Majesty's Commands, transmitted to me, through you, Sir, 
shall be Obeyed with all the Dilligence, & Firmness in my Power. 

I had the Happiness to receive a few Days before the Arrival of 
your Letter, His Majesty's, Commission, appointing me Governor of 
this Province, which Commission I shall open, as soon as my present, 
bad State of Health will permit me, An Illness, that has Visited me 
ever since the 3'' of August last. It is a Compound of every sort of 
Fever, called by the Inhabitants the Seasoning of this Climate. 

I have received no Authentick Accounts of the Act of Parliament 
appointing a Stamp Duty ; nor are any Stamp Officers, or the Stamps 
arrived here as yet.. 

The Inclosed I received from a Merchant in Charles-Town. 

I am Sir (fee' 

W" TRYON 



[Reprinted from North Carolina Gazette, 2*^ November, 1765.J 

CONTINUATION OF 

(November 20.) the (Numb. 58.) 

NORTH-CAROLINA GAZETTE. 

Wilmington, November 20. 
On Saturday the 19th of last Month, about Seven of the Clock in 
the Evening, near Five Hundred People assembled together in this 
Town, and exhibited the Effigy of a certain Honourable Gentle- 
man ; and after letting it hang by the Neck for some Time, near 
the Court-House, they made a large Bonfire with a Number of Tar- 
Barrels, &c. and committed it to the Flames. — The Reason assigned 
for the People's Dislike to that Gentleman, was, from being informed 
of his having several Times expressed himself much in Favour of 

the STAMP-DUTY. After the Effigy was consumed, they went 

to every House in Town, and bro't all the Gentlemen to the Bonfire, 
and insisted upon their drinking, LIBERTY, PROPERTY, and 
NO STAMP-DUTY, and Confusion to Lord B-te and all his Adher- 
ents, giving three Huzzas at the Conclusion of each Toast. 

They continued together until 12 of the Clock, and then dispersed, 
without doing any Mischief And, 



124 COLONIAL RECORDS. 



On Thursday, 31st of the same Month, in the Evening, a great 
Number of People again assembled, and produced an Effigy of Lib- 
erty, which tliey put into a Coffin, and marched in solemn Procession 
with it to the Church- Yard, a Drum in Mourning beating before 
them, and the Town Bell, muffled, ringing a doleful Knell at the 
same Time : — But before they committed the Body to the Ground, 
they thought it adviseable to feel its Pulse; and when finding some 
Remains of Life, they returned back to a Bonfire ready prepared, 
placed the Effigy before it in a large Two-arm'd Chair, and con- 
cluded the Evening with great Rejoicings, on finding that LIBERTY 
had still an Existence in the Colonies. — Not the least Injury was 
offered to any Person. 

On Saturday the 16th of this Inst. William Houston, Esq; Dis- 
tributor of STAMPS for this Province, came to this Town ; upon 
which three or four Hundred People immediately gathered together, 
with Drums beating and Colours flying, and reimired to the House 
the said Stamp-Officer put up at, and insisted upon knowing, 
"Whether he intended to execute his said Office, or not?" He told 
them, " He should be very sorry to execute any Office disagreeable 
to the People of the Province. " But they, not content with such a 
Declaration, carried him into the Court-House, where he signed a 
Resignation satisfactory to the Whole. 

As soon as the Stamp-Officer had comply'd with their Desire, 
they placed him in an Arm-Chair, carried him first round tlie Court- 
House, giving three Huzzas at every Corner, and then proceeded 
with him round one of the Squares of the Town, and sat him down 
at the Door of his Lodgings, formed themselves in a large Circle 
round him, and gave him three C'heers: They then escorted him 
into the House, where was prepared the best Liquors to be had, and 
treated him very genteely. In the Evening a large Bonfire was 
made, and no Person appeared in tiie Streets without having 

LIBERTY, in large Capital Letters, in his Hat. They had a 

large Table near the Bonfire, well furnish'd with several Sorts of 
Liquors, where they drank in great Form, all the favourite Ameri- 
can Toasts, giving three Cheers at the Conclusion of each. The 
whole was conducted with great Decorum, and not the least Insult 
offered to any Person. 

Immediately after the appointed Stamp-Master had comply'd 
with their Commands, they call'd upon Mr. A STUART, the Prin- 
ter, — (who had not printed the GAZETTE for some weeks before 



COLONIAL RECORDS. . 125 



the ACT took Place, it having pleased GOD to afflict him with a 
dangerous Fever) when he appeared, they ask'd him, if " He would 
continue his Business, as heretofore? — And Publish a Newspaper?" 
He told them, that " As he had no Stampt Paper, and as a late 
ACT OF Parliament FORBID the Printing on any other, He 
COULD NOT. — He was then positively told, that " If he did not, he 
might expect the same Treatment of the STAMP-MEN," and 
demanded a positive Answer: — Mr. Stuart then answer'd, "That 
rather than run the Hazard of Life, being maimed, or have his 
Printing-Office destroy'd, that he would comply with their Request;" 
but took the WHOLE for Witness, that he was compell'd thereto. 

His Excellency our GOVERNOR has been for some Time past 
very ill of Health: but we have the pleasure to say he is now 
recoveriiig. 

Circular Letters were sent last Week by the Governor, to the 
Principal Inhabitants in this Part of the Province, requesting their 
Presence at his Seat at Brunswick, on Monday last; where, after 
Dinner, his Excellency conferr'd with them concerning the Stamp- 
Act; "The Result of which shall be in our Next. 

We hear from Newbern, that the Inhabitants of that Place, try'd, 
condemn'd, hang'd, and burn'd Doctor AVilliam Houston, in Effigy, 
during the "Sitting of their Superior Court. Mr. Houston, how- 
ever, thinks that there was too much of the Star-Chamber Conduct 
made Use of, in condemning him unheard; especially as he had 
never solicited the Office: Nor had he then heard he was api^ointed 
Stamp-Officer. — At Cross-Creek, 'tis said, they hang'd his Effigy 
and M' Carter's together, (he who murder'd his Wife ;) nor have they 
spar'd him even in Duplin, the County where he lives. 

We are told that no Clearances will be granted out of our Port, till 
a Change of Affairs. 

Note. — On the margin appeared the following : 

Its Brow's the Tltls Page, 

That speaks the nature of a tragic Volume.' — Shakes. 

This is the place to affix the STAMP [Just above a ghastly skull 
and bones. — Editor.] 



126 COLONIAL RECORDS. 



[N. C. Lettbr Book S. P. G.,] 

M' Stewart to the Secretary. 

Bath N" Carolina. November 22°" 1765. 
Reverend Sir 

I received your favor of the 26"^ of November last some time in 
the latter end of Sept. which was the first and only letter I have 
received since you have been appointed Secretary to the society. — 
But Charlestown is the worst passage for letters you can send by to 
the Missionaries of the Northern parts of this province, it being above 
320 miles distant from this place and no correspondence by Ve^els 
or otherwise between them — There are frequently Vessels advertised 
for Bath, Newbern and Edenton and the Brig Berwick Peter Cope- 
land Master (by whom this goes) consigned to M' William Hunter 
Fenchurch Street will return here as soon as she has discharged. 
Norfolk in Virginia is by much the highest place of Trade being but 
80 miles from this place and a post goes regularly once a fortnight. 
I recovered my health so well after a fit of sickness, I had this last 
spring that hearing nothing from the society I determined to spend 
another summer in this province and I accordingly did and per- 
formed my duty in this and Hyde County as much. — I baptized in 
this Parish 52 white and 17 black Infants and two Indian boys and 
administered the sacrament to 107 Communicants — The number of 
our Inhabitants increases but slowly since the division of our County, 
we are about eleven hundred souls (besides black) all of whom 
except a few new lights profess themselves of the Church of Eng- 
land. In Hyde I baptised 72 white and thirteen Black Infants and 
administered the sacrament to 55 Communicants so that this half 
year I have baptized 124 whites 40 black infants and 2 Indian boys 
and administered the sacrament to 162 communicants. I was in 
hopes that I should have been able to have gone into the other half 
of Hyde and into Pitt Countv this Fall, but I was taken ill the 11"" 
day of October of a Fever which at once deprived me of the use of 
my limbs and tho' I have in a great measure got the better of my 
fever, yet I can no more walk than a new born Infant — ^y pains 
are fixed in my right thigh and knee and tho' it is now two months 
almost since I have been taken and I use the Cold Bath constantly 
yet I am nothing the better — the business of my function exposes 
me to unavoidable hardships by water in this Eastern part of the 



COLONIAL RECORDS. 127 



Country my parish is divided by a river five miles over. I am 
obliged to serve one Sunday on the South and the other on the 
North side of this River and the variety of Seasons here renders it 
frequently very difficult to cross and the latter end of this summer 
has been very tempestuous by which means I believe I have acquired 
that disorder I now am afflicted with being frequently in an open 
boat for six hours together and wet most of the times So that though 
I have not hitherto I shall as soon as able, make, use of the Societies 
Indulgence for at present I am only a dead weight to them. 

It grieves me that my letters of late should be so full of complaint 
but I trust in God that a few months absence will renew my health 
and restore me once more a useful missionary to this province. 

I am &c 
ALEX' STEWART. 



[Reprinted from the North Carolina Gazette, 20'" November, 1765. J 

Wilmington November 27 
Monday the 18th instant about 50. of the Gentlemen of Bruns- 
wick New Hanover and Bladen Counties waited on the Governor at 
his seat near Brunswick on his circular letters to them for that pur- 
pose when his Excellency was pleased to communicate his senti- 
ments to them relative to the Stamp Act to the following purport : — 
He began by assuring them he would with pleasure exert his inter- 
est and influence in England in endeavouring to promote the pros- 
perity of this colony by every means in his power consistent with 
his duty to his King and country ; and should think himself happy 
in displaying that duty if he could at the same time contribute to 
the service of his Majesty's faithful subjects of this Province. 

He mentioned and with moderation censured the conduct of some 
of the Colonies where the Officers of the crown had been insulted 
their houses pulled down, their furniture and effects de^royed and 
his Majesty's property invaded by burning the stampt paper sent 
from England ; and expressed his hopes that no violence of that sort 
might be attempted, in case the stamps should at any time arrive 
here representing the danger of such proceedings and the disagree- 
able consequence which might attend them — The Parliamentary 
Right of Taxation he said he would by no means at that time enter 



128 COLONIAL RECORDS. 



into the discussion of but hoped that none in this Province were 
desirous of destrojang the Dependance on the Mother Country ; and 
therefore strongly urged the prudence of not opposing the Legisla- 
ture of Great Britain — He took notice of the impossibility of the 
Stamp Act operating in all its parts in this Province where the whole 
cash of the Country would scarcely pay a single year of the Tax ; 
and declared his Intention of representing at home our circum- 
stances in such a manner that we might reasonably expect whether 
the act was repealed or not, a favourable indulgence and exemption 
of this Colony unless his endeavours were frustrated by the conduct 
of the people — He inforced his observation by exjjaciating on the 
advantage that we should receive on a submission to the Act, by 
carrying on an extensive commerce, while our rural Colonies on the 
continent, by their refusal of the Stamps had entirely obstructed 
their order Trade : and as a further inducement to the reception of 
the small stamps, his Excellency generously oflfered to pay himself ■ 
the whole duty arising on any Instruments executed on stampt 
paper ; on which he should have any perquisite or fee ; such as War- 
rants and Patents for Land; Testimonials; Injunctions in Chancery; 
Licences for Marriages; Letters of Administration and Testamentary 
■ with four Wine Licences for each of the Towns of Edenton, New- 
bern, Wilmington, Salisbury, and Halifax; two for Brunswick and 
Cross-Creek; and for Bath and Tarborough, one Licence each. 

On these Proposals, the gentlemen, after retiring to consider them, 
waited on his Excellency the next morning, with the following 
Address : ' 

Sir, 

The Gentlemen to whom your Excellency was pleased to commu- 
nicate your sentiments, yesterday relating to the Stamp Act, unani- 
mously beg leave to return their most hearty thanks and acknowl- 
edgments for the obliging manner in which your Excellency exjiress 
your desire of rendering this Province all the important service in 
your Power. 

As your Excellencj^'s known sincerity leaves no room to suspect 
you would make any professions without an intention of j^erforming 
them ; and as your Family, Fortune, and Interest in England, will 
always give considerable Weig-lit to your remonstrances, we cannot 
but applaud the happy distinction of this Province, which has a 



* 



COLONIAL RECORDS. 129 



Governor so studious of promoting and so well satisfied to jirosccute 
its Advantages and Prosperity. 

The alarming Tendency of the Stamp Act, which for some months 
past, has excited the attention of America has given us an opportu- 
nity of considering its fatal Influence with that deliberation which 
the Importance of the subject requires, and we cannot on this occa- 
sion suppress discovering to your Excellency that every view of this 
Act confirms us in our opinion, that it is destructive of these Liberties 
which, as British Subjects, we have a Right to enjoy in common 
with Great Britain. 

To our Sovereign we owe, and shall always be ready to testify by 
our Conduct, everj' Act of Loyalty and Obedience consistent with 
the Rights of a free people ; and we most sincerely pray, that the 
British Throne may never want Heirs of the present illustrious 
House of Hanovef to secure that happy constitution: But the 
Extention of the Stamp Act, by a melancholy presage of America 
being deprived of all, or most of the British Privileges, naturally 
suggests to us, that the submission to any part of so oppressive and 
(as we think) so unconstitutional attempts, is opening a direct inlets 
for Slavery, which all Mankind will endeavor to avoid. 

For these Reasons it is with great pain we are obliged to dissent- 
from what your Excellency has been pleased to mention of your 
paying the Stamp Duties on the Instruments enumerated in the 
Proposal, nor can we assent to the payment of the smaller Stamps: 
An Admission of Part, would put it out of our Power to refuse 
with any Propriety, a Submission to the Whole ; and as we can 
never consent to be deprived of the invaluable Privilege of a Trial 
by Jury, which is one part of that Act, we think it more consistent 
as well as securer conduct to prevent to the utmost of our Power, 
the operation of it — At the same time, we assure your Excellency, 
that we will upon every occasion, avoid and prevent, as far as our 
Influence extends, any Insult or Injury to any of the officers of the 
Crown; but must confess, that the Office of Distributors of the 
Stamps is so detested by the People in general that we dont think 
■ either the person or Property of .such an Officer, could by any 
means be secured from the resentment of the Country. 

The connections between Great Britain and the Colonies, we by 
no means desire to interrupt or weaken but most ardently wish the 
Prosperity of both may be promoted, by the Encouragement of 
Commerce, and the Advancement of our mutual Interest. 

VOL. VII — 9 



130 COLONIAL RECORDS. 



And we can with equal sincerity, assure your Excellency, that 
we will at all times, in our respective stations, cheerfully contribute 
all in our Power, to render your Excellency's Administration, happy 
easy and honourable. 

To which his Excellency was pleased to return the following 
Answer; Viz 

To THE Gentlemen of New Hanovek, Brunswick and Bladen 

Counties : 

Your Answer to my Proposals for the Circvilation of the Stamp- 
Duties, should the Stamps arrive in this Province, is very agreeable 
to me as far as it expresses Loyalty to His Majesty; and your Assur- 
ance to contribute to the Plonour, Ease and Happiness of my 
Administration; but at the same time I cannot help regretting, 
that my Litentions of Service to this Province at this Juncture, 
have so little a Prospect of Success, nor to lament the Consequences 
I apprehend, from the Resolution you Gentlemen have adopted. 



Brunswick, the 'iO"" of November 1765. 

Monday last died, and Yesterday was very decently interred, M' 
Creorge Weakely, formerly an eminent Merchant here. 

The following is a genuine Copy of the Letter to Doctor William 
Houston, appointing him Stamp-Distributor for this Province. 

Stamp-Office London. July 11"' 1765. 
Sir, 

I am ordered by the Commissioners, to acquaint you, the Lords 
Commissioners of his Majesty's Treasury, have been pleased to 
appoint you to be Distributor of Stamps for North-Carolina : you 
are therefore on Receipt hereof to write to this Board to propose 
two responsible Per.sons in England to lie bound with you, in the 
Penalty of Two Thousand Pounds. As this Duty takes place on 
the first of November next, and no Stamps can be sent you, until 
your Bond is executed, you are desired to be as expeditious as 
possible. 

.1 am your humble servant 

JAMES BRETTELL, Secretary. 



COLONIAL RECORDS. 131 



[B. P. R. O. Am : & W. IND : Vol. 214.] 

Copy of M' W" Houston's Resignation of his Office of Stamp Dis- 
tributor for the Province of North Carolina. 

I do hereby promise that I never will receive any stampt paper 
which may arrive from Europe in consequence of any Act lately 
passed in the Parliament of Great Britain nor officiate in any means 
as stamp Master or Distributor of the Stamps within the Province of 
North Carolina either directly or indirectly and I do hereby notify 
all the Inhabitants of His Majesty's province of North Carolina not- 
withstanding my having received information of my being appointed 
to the said stamp office not to apply hereafter for any stampt paper 
or to distribute the same untill such time as it j\'ill be agreeable to 
the Inhabitants of this Province : Hereby declaring that I do execute 
these presents of my own free Will and Accord without any Equiv- 
ocation or mental Reservation whatsoever. 

In Witness hereof I have hereunto set my Hand this 16"" Day of 
November 1765. 

W" HOUSTON. 



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

Letter from the Board of Trade 

Whitehall Nov' 29'" 1765. 
Sir, [Governor Tryon] 

It is with great pleasure & satisfaction, We congratulate you on 
the Commission His Maje.sty has been graciouslj^ pleased to give 
you of Governor in chief of His Province of North Carolina. 

We gave all the Dispatch to that Appointment that lay in Our 
Power, and hope speedily to lay before His Majesty the Instructions 
to which your Commission refers. 

The Measui;^ you pursued upon the death of your Predecessor, of 
summoning the General Assembly to meet on the 2'' of May, appears 
to have been prudent and necessary, and it is with great Satisfaction 
We observe, that their Proceedings have been conducted with 
Temper and Moderation, it with a Zeal and Attention to the Pub- 



132 COLONIAL RECORDS. 



lick Service that cannot fail of recommending tliem to His Majesty's 
favour. 

The making provision for an Orthodox Clergy, free from the 
improper restrictions that had accompanied the former Acts for 
that Purpose, lays the foundation of Happiness and Prosperity to 
the Colony in its most essential Interests; It will be our dvity to 
assist, as far as depends upon us, in every step, that can be taken to 
answer the good Ends of this pious Institution ; and we doubt not 
but the Society for the propagation of the Gospel will show the 
same Zeal, and give all the Aid in their Power. 

We embraced the earliest Opportunity, after the receipt of your 
Letter, to take up the Consideration of it, and of the Act transmitted 
with it, in which We have been assisted by the Bishop of London, 
with whom the Act now lies for his Observations upon it, and who 
has likewise given us reason to hope that he will enable us to send 
you proper Instructions as to the manner and Form of Induction of 
such Clergy, as shall go over to North Carolina properly qualified to 
serve the Churches there. 

The inclosed Copy of an additional Instruction to Governor Dobbs 
contains those Objections to the Act passed in 1754, for granting to 
His Majesty Forty Thousand Pounds in Bills of Credit, which are 
referred to in the Minutes of the Board of the 13"" of Decemb' 1763, 
and when we consider the nature of the Complaints of the Mer- 
chants, on which that Instruction was founded, We hope the Can- 
dour of the Assembly will admit the Justice of them, and that the 
Amendment of the Law, in the Particulars pointed out, will not be 
thought incompatible with the Interests of their constituents; and 
in that case, We have no doubt, but that His Majesty will approve 
of the Money reserved being applied to the Purposes- you mention. 

The Clauses inserted in the Bill for facilitating the Navigation of 
the Ports was expressly contrary to that Article of the Instructions 
to the Governor, to which you refer ; and therefore We cannot but 
approve your Conduct in having given a Negative to it. 

The Irregularity in the mode of appointing Agents in all the 
Colonies has been long a Subject of complaint and difficulty in the 
Administration of the Affairs of the Colonies in this Kingdom ; and 
if the Assembly should in their next Session not admit a proper 
Number of the Council to be the CJommittee of Correspondence, 



COLONIAL RECORDS. 133 



which they certainly ought to be, We shall consider what step it 

may be proper for His Majesty to take. 

We are Sir 
DARTMOUTH 
SOAME JENYNS 
JOHN ROBERTS 
W" FITZHERBERT 



[From MS. Eecokds in Office of the Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at the Council Chamber at Wilmington Decem- 
ber 2(r 1765. 

Present. 
His Honour Col. W" Tryon Lieut. Governor 
f James Hasell Charles Berry ^ 

John Rutherfurd William Dry | 

The Honble - Lewis DeRosset Robert Palmer ]■ Esquires 

Jolm Sampson and I 

1^ Alexander M'Culloh Benjamin Heron J 

The Lieutenant Governor then produced His most sacred Majesty's 
Commission or Letters patent, bearing date at Westminister the IS"" 
day of July in the fifth Year of his said Majestys reign constituting 
and appointing him the said Lieut Governor, His said Majestys 
Captain General and Commander in Chief in and over the province 
of North Carolina, Which said Commission was read and duely 
published in the presence of the Gentlemen of the Council above 
named. 

Then His Excellency took all the Oaths appointed by law 
declared and subscribed the Test, also took the Oath for administring 
the Government and for securing the Acts of Trade and Navigation 
heretofore made and now in force. 

Then the Council above named took the Oaths by Law appointed 
for the qualifying Officers, declared and subscribed the Test and 
took the Oaths of Office and Secrecy. — Ordered That His Excel- 
lency the Governor's Commission be recorded &c. 

Also Ordered That the following proclamation be made forthwith 
publick property throughout this Province \"iz'. 



134 COLONIAL RECORDS. 



North Carolina — ss. 

By His Excellency William Tryou Esq, Captain General Gov- 
ernor and Commander in Chief &c. 
A Proclamation. 

Whereas it is necessary for tlie peace and good government of 
thisprovince that all Officers therein both civil and Military should 
hold themselves continued in their several Offices places and employ- 
ments until my pleasure be further known ; 1 have therefore 

thought fit to issue this proclamation bj'' and with the advice and 
consent of His Majesty's Council, And do hereby order signifj^ and 
declare that all persons who now are or at the time of the promul- 
gation of my Commission as Governor and Commander in Chief of 
this Province duly and lawfully j^ossessed of or invested in any 
office, place or employment civil or military in this province shall 
be and hold themselves continued in the same Offices places or 
employments as formerly they held and enjoyed the same until my 
pleasure be further known ; And that the said persons do not fail, 
every one severally according to his place, Office or charge to pro- 
ceed. In the 2-*erformance *and execution of all duties thereunto 
belonging, And, further I do hereby Will and Command all and 
singular, His Majesty's Subjects in this province to be aiding and 
assisting at the Commandment of the said Officers in the perform- 
ance and execution of the said Offices, as they will answer the con- 
trary at their Perils. 

Given under my hand and to which I have caused to be affixed 
the Great Seal &c at Wilmington 20"" December, In the sixth year of 
his Majestys Reign 1765 

Ordered, That Fountain Elwin Esq the Governors private Sec^ 
and M' John London one of the Clerks of the Secretarys Office take 
the Oaths of Secrecy appointed for the Council and were sworn 
accordingly 



At a Council held at Wilmington 21" December 1765 
Present 
His Excellency the Governor. 
James Hasell Alex M°Culloh 



-nu Tj 1,1 ) John Rutherfurd William Drv -r^ 

The Honble -r ■ t-. o i o i * r> i ' j Esquires 

Lewis DeKosset Robert Pauner & ^ 

1^ John Sampson Renj Heron J 

Ordered a proclamation for dissolving the Assembly issue in the 
following words. Viz — 



COLONIAL RECORDS. 135 



North Carolina — ss. 

By His Excellency W" Tryon Esquire &c. 
A Proclamation. 

Whereas I have cjualifiecl my commission as Captain General 
Governor and Commander in Chief in and for this Province. It is 
necessary that the present Assembly should lie dissolved. I there- 
fore with the advice and consent of His Majesty's Council have issued 
this proclamation for dissolving the said Assembly, and the same is 
accordingly dissolved. 

Given under my hand and the Great Seal &c at Wilmington 21" 
Dec' 17G5 In the sixth vear of His ^Majesty's Reign 

W" TRYON. 
God save the King. 

His Excellency laid before the Council for their opinion whether 
upon the present dissolution of the Assembly of this province, writs 
can issue for the election of a new Assembly, as the circulation the 
Stamps are obstructed. The Council desired the Attorney Generals 
opinion might be taken, and he Mr Attorney General was accord- 
ingly called into Council, and the Question being proposed to him, 
gave it his Opinion, " That issuing AVrits for Electing, Members of 
Assembly is exercising the undoubted prerogative of the Crown and 
therefore such writs are not Subject to any duty by virtue of the 
Stampt Act and of course may legally he issued on common paper " — 
And then the Council gave their Opinion that Writs may issue, con- 
formable to the Attorney Generals opinion 

Then His Excellency proposed the 22" of April next for holding 
the Assembly at Newbern, and Ordered that Writs be forthwith 
issued to the proper Officers of the several Countys and Towns Quali- 
fied to send members to the Assembly, — Also Ordered that the 
Answers to the Questions propounded by the Honble John Ruther- 
ford Escj Rec"" General of His Majestys Quit Rents, and by Order 
of His Excellency the Governor in Council referred for the Opinion 
of Robert .Jones Jun Attorney General, be entered upon the Journals 
of this Board, Viz. 

Q — 1" Can persons holding by old patents bodies of Surplus 
Land be compelled to pay Quit Rents for the same, and if any what 
Quit Rents ought to be demanded for such surplus Lands 

An.swer — I am of opinion that the Grantee is chargeable with 
Quit Rents on tlie true Number of Acres contained within the 



136 COLONIAL RECORDS. 



Bounds of his Grant from the date thereof, whether the patent be of 
Ancient or Modern date after the rate specified in his Grant. 

Q — 2°* If necessary for the occupants to take new patents for 
such surplus Lands or are the marks and bounds of the Land 
described in the old patents to be deemed a good Title to such sur- 
plus Lands 

Answer — The Patent if regularlj' obtained will be a legal Title 
to the Lands contained within the bounds specified therein, as it is a 
sufficient proof that the Grantee intended to purchase the whole, 
and the error in respect to the Number of Acres is a wrong compu- 
tation of the Surveyor, who is appointed by the Crown ; However if 
there was any fraud in procuring such patent, the same may be ren- 
dered void in the whole. 

Q — 3'' What is the proper method to be taken to discover and to 
obtain pa^anent for surplus Lands whether held by Proprietar)- 
Grants or Grants from the Crown, and if by Resurvey at who's 
expence? 

Answer — If a Patentee on a amicable application refuses to have 
his land resurveyed, and the true Number of acres ascertained, he 
may be compelled thereto by a decree in Chancery, as also to pay 
the Quit Rents, in which Case I should think the Court will subject 
him to the whole Costs occasioned by his obstanacey — But if the 
Patentee submits to have his Land resurveyed on a friendlj' appli- 
cation, the Expence ought to be defrayed by the Crown as the Error 
in the first Surveyor's Computation is not to be imputed to such 
Patentee. 

Q — 4"" Whether the occupants are liable to pay (^uit Rents for 
their Surplus Lands from the date of their Grants? 

Answer — The Answer to this Question is com]irized in the 
answer to the first Query. 

Q — 5* What is the proper method to be taken to recover pay- 
ment of Bonds or Notes, and for disposing of Lands escheated to 
the Crown by Persons tried and found guilty of Felony — those 
Bonds, Notes and Lands having been previously conveyed away to 
others after office found? 

Answer — AVhen a person is attainted of Felony, except for Petit 
Larceny and some particular C!ases of felonies created by Act of 
Parliament, all the Lands he was seized of in Fee, at the time of 
committing such Felony are forfeited to the Crown and an Office 
being found are at the intire disposal of His Majesty innnediately. 



COLONIAL RECORDS. 137 



notwithstanding any conveyance thereof made after the Commis- 
sion of such Felony; it not being necessary for his Majesty or any 
of His Officers to make an Actual Entry on such Land to perfect 
his Title; as it would be in the Case of a subject when his Title 
accrues by forfeiture or the Breach of a Condition Debts and 
Duties of every kind due to such Felon except such as are due to 
him as a Trustee, are in like manner forfeited to the Crown, and if 
the Bonds or other Writings given for securing the Payment of the 
same can be had, they may be recovered bj' Action at Law in the 
name of the Attorney General ; but if they are assigned over and 
in possession of the Assignee or any other for his use, they cannot 
be recovered but by the aid of a Court of Chancery. 

All of which is humbly submitted to His Excellency and the 
Members of His Majestys Honble Council 

By Their most Obed' and very humble Servant 

ROBERT .JONES, Jvi^'^ 

Occanechv Dec 2'"' 1765 



[B. P. R. O. No. Carolina. B. T. Vol. 23.] 

Instructions to Our Trusty and Wellbeloved William Tryon Esquire, 
Our Captain General and Governor in Chief in and over Our 
Province of North Carolina in America. Given at our Court at 
S' -James's the Day of ^^ in the __ year of Our Reign. 

First, We having thought fit by Our Great seal of Great Britain 
to constitute you Our Captain Qeneral and Governor in Chief in and 
over Our Province of North Carolina in America, you are therefore 
immediately upon having received these Our Instructions to call 
together the following Persons by name, whom we do hereby appoint 
to be the Members of Our C'ouncil for that Province, '\''iz: James 
Hasell, .John Rutherford, Lewis DeRosset, Edward Brice Dobbs,- 
Richard Spaight, John Sampson, Henry Eustace ^PCuUock, Alex- 
ander M°Cullock, Charles Berry, William Dry, Robert Palmer and 
Benjamin Heron Esquires. 

[The other instructions are identical with those given to Governor 
Dobbs, save that sections 13, 41, 45, 50, 51, 52, 53, 54. 55, 56, 57, 58, 



138 COLONIAL RECORDS. 



66, 84, 85 and 118 of Dobbs's are omitted from Tryon's, and that in 
Tryon's are to be fouud certain new sections set forth below, viz., 45, 
50, 71, 77, 78, 109 and IIL — Editor.] 

45. Whereas Laws have been lately passed or attempted to be 
passed in .several of the Colonies in America, enacting that the 
Judges of the several Courts of Judicature or other Chief Officers 
of Ju.stice in the said Colonies, shall hold their Offices during good 
Behaviour, and whereas the Governors or other chief Officers of 
Our said Colonies have granted Commissions to the judges or other 
chief officers of Justice, by which they have been impowered to 
hold their said Offices during good Behaviour contrary to the 
express Directions of the Instructions given to the said Governors, 
or their Chief Officers by Us, or by Our Royal Predecessors, and 
whereas it does not appear to Us, that in the present Situation and 
Circumstances of Our said Colonies,, it would be either for the 
Interest or Advantage of the said Colonics, or of this Our Kingdom 
of Great Britain that the Judges or other Chief Officers of Justice 
should hold their Offices during good Behaviour; It is therefore 
Our express Will and Pleasure, that you do not upon any pretence 
whatever, upon pain of being removed from your Government, 
give your Assent to any Act, by which the Tenure of Commissions 
to be granted to the chief Judges, or other Justices of the several 
Courts of Judicature, shall be regulated or ascertained in any 
manner whatsoever, and you are to. take particular Care in all 
Commissions to be "by you granted to the said Judges or other 
Justices of the Courts of Judicature that the said Commissions are 
granted during Pleasure only, agreeable to what has been the 
ancient Practice and Usage in Our said Colonies and Plantations. 

50. Whereas frequent Complaints have been heretofore made that 
exorbitaiit Fees have been demanded and taken in Publick Offices 
in several of Our Colonies & Plantations in America, for Business 
transacted in such Offices, And whereas it hath been represented 
unto Us that there is great reason to apprehend that such unwar- 
rantable Demands ^nd Exactions are still continued in some of Our 
Colonies particularly on the Survey & passing Patents for Lands; 
And whereas such shamefull and illegal Practices do not only dis- 
honour Our Service, but do also operate to the prejudice of the Pub- 
lick Interests, by ob.structing the Speedy Settlement of (Jur Colonies ; 
It is therefore Our Will & Pleasure, and vou are herebv .strictly 



COLONIAL RECORDS. 139 



enjoined and required fortluvitli upon receiving these Our Listruc- 
tions to j'ou, to cause fair Tables of all Fees legally established 
within the Province under your Government to be affixed up in 
every Public Office -^Nathin your said Government, and also to pub- 
lish a Proclamation in Our name under the Seal of Our said Prov- 
ince, setting forth the Complaints and Rei)resentations which have 
been made to Us, in respect to the exorbitant Fees demanded and 
taken in the Publick ()tRGfs of several of Our Colonies, expressing 
Our just Indignation of such unwarrantable and dishonorable Prac- 
tices and strictly enjoining and requiring all Public Officers what- 
ever, in their respective Stations not to demand or receive any other 
Fees for Publick Business transacted in their Offices, than what have 
been estabUshed by proper Authority, upon pain of being removed 
from their said Offices, and prosecuted with the utmost Severity of 
the Law. And It is Our further Will & Pleasure that you do also 
forthwith transmit to Our Conim'' for Trade and Plantations, in 
order to be laid before Us, an exact and authentick List of Table of 
all Fees allowed to, or taken by each Officer respectively wiAin the 
Province under your Government, specifying by wliat Authority the 
Fees allowed to, or taken by each Officer are established and dis- 
tinguishing such, if any, as are taken without any such Authority. 
71. ^^■ hereas it hath- been represented unto Us that the Governors 
of several of Our Colonies in America have granted Lands away 
close to the Forts belonging to Us; by which means the Garrison of 
such Forts have been obliged to pay the Proprietors of those Lands 
extravagant prices for Wood cut for a necessary Supply of Fuel, 
and thereby a great and unreasonable Expence has been brought 
upon the Military Contingencies ; It is Our express Will and Pleasure 
that you do take especial Care that in all Warrants for surveying 
of Lands adjacent or Contiguous to any Fort or Fortification, 
whether such Warrant be granted upon an original Petition to you 
in Council, or upon Our Order in Our Privy Council there be an 
express direction to the Surveyor, that he do reserve to Us (Jur 
Heirs and Successors for the use of the Fort, near to which the 
Lands shall lye, such a part of the Tract petitioned for (being 
Wood Land) and in such a Situation as the Commander in Chief of 
the said Fort (with whom he is required to consult and advise 
in all such Cases) shall judge convenient and sufficient for a per- 
manent and certain Supply of Fuel for such a Garrison as the said 
Fort mav be able to contain. And it is Our further W'Wl and 



140 COLONIAL RECORDS. 



Pleasure that a regular Plot of such reserved Land, describing the 
Bounds, expressing the Quantity of Acres, and properly signed and 
attested by such Surveyor be delivered to the Commanding Officer 
of each Fort, to be there publickly hung up, and a Duplicate 
thereof also recorded in the Secretary's Office or other proper Office 
of Record in Our Province under your Government; and as We 
judge the due Execution of this Our Order to be essential to Our 
Service you are hereby required to take care that the Regulations 
above prescribed be duly entered v;pon the Council Books of Our 
said Province, as a standing Order to all Persons who may be 
entrusted with the Powers to which they refer. 

77. And whereas Our late Royal Grandfather was graciously 
pleased by His Orders in C'ouncil dated the IQ"" day of May 1737, in 
the tenth year of His Reign, to direct that one Million Two Hun- 
dred Thousand Acres of Land should be set out and granted unto 
Murray Crymble and James Huey and their Associates, in such Pro- 
portions &s should be required by them, and upon the following 
Terms 'and Conditions, Viz : That They should settle one white per- 
son for every 200 Acres within Ten Years from the date of their 
Grants, and also that from and after the Expiration of that Term, 
they should pay unto Us, Our Heirs, & Successors, a Quit Rent of 
four Shillings Proclamation Money for every hundred Acres so 
granted to them. And whereas it hath been represented to Us that 
in consequence of the said Orders in Council the Associates of the 
said Murray Crymble and James Huey did in the year 1746 take 
out Ninety six Grants amounting in the whole to one Million Two 
hundred Thou.sand Acres; and whereas the times limited for full- 
filling the Conditions of the said Grants are now expired, and it 
hath been represented unto Us that the whole of said Grants have 
not as yet been settled with white Persons in the proportion pre- 
scribed by the said Orders, It is our Will and Pleasure, and you are 
hereb}' authorized and required to seize and take possession of, in 
our Name and Right as forfeited and escheated, all such parts and 
Tracts of the said Lands as lye to the Southward of the Earl of 
Granville's boundary Line, and which shall not have been actually 
settled according to the Terms of the Grants, and you are afterwards 
to govern yourself in relation to the said Lands conformable to the 
78"' Article of these your Instructions relative tp forfeitures & 
Escheats nevertheless it is Our Will and Pleasure that you cause 
proper Measures to be taken to secure the payment of Our Quit 



COLONIAL RECORDS. 141 



Rents upon all such parts of tlie said Grantees Lands, as shall at 
that time be duly and conipleatly settled, by permitting the Pos- 
sessors holding under them by Grants or leases to attorn unto Us for 
the Payment of the Quit Rents, and to register at the proper Office 
for such Quantity of Land as they are actually in possession of, 
respective Grants or Leases under which they hold their Lands. 

78. And whereas it has been represented to LTs that Complaint 
hath been made by Henry MacCuUoh in behalf of himself and 
other Associates of the late Murray Crymble & James Huey, that 
they have been greatly disturbed and molested in the quiet posses- 
sion of their said Grants by the late Governor of Our said Province 
and others acting under his Authority, who took upon them to grant 
to other persons. Lands before set out and granted to them pursuant 
to Our said Royal Order, Our Will & Pleasure is, and you are 
hereby directed and required to maintain and support the said 
Grantees in their just and legal Rights, and in the quiet possession 
of their Lands. 

109. Whereas the Peace and Security of Our Colonies and Planta- 
tions upon the Continent of North America does greatly depend 
upon the Amity & Alliance of the several Nations or Tribes of 
Indians bordering upon the said Colonies, and upon a just & faith- 
full Observance of those Treaties and Compacts, which have been 
heretofore solemnly entered into with the Indians by Our Royal 
Predecessors Kings and Queens of this Realm; And Whereas not- 
withstanding the repeated Instructions which have been from time 
to time given by Our Royal Grandfather to the Governors of Our 
several Colonies upon this head, the said Indians have made, and do 
still continue to make great Complaints that Settlements have been 
made, and Possession taken of Lands, the property of which they 
have by Treaties reserved to themselves bj' persons claiming the said 
Lands under pretence of Deeds of Sale and Conveyance illegally, 
fraudulently, and Surreptitiously obtained of the .said Indians ; And 
whereas if in Our name .strictly enjoining & requiring all i)ersons 
whatever who may either willfully or inadvertently have seated 
themselves upon any Lands so reserved to or claimed by the said 
Indians without any lawfuU Authority for so doing, forthwith to 
remove therefrom : And in case you shall find, upon strict Enquiry 
to be made for that purpose, that any person or persons do claim to 
hol-d or possess any Lands within Our said Province, upon pretence 
of Purchases made of the said Indians without a proper Licence 



142 COLONIAL RECORDS. 



first had & obtained either from LTs, or any of Our Royal Prede- 
cessors or any person acting under Our or Tlieir Autliority, you are 
forthwith to cause a Prosecution to be carried on against such person 
or persons who shall have made such fraudulent Purchases, to the 
end that the Land may be recovered by due course of Law : And 
Whereas the wholesome Laws, which have at different times been 
passed in several of Our said Colonies and the Instructions which 
have been given by Our Royal Predecessors, for restraining persons 
from purchasing Lands of the Indians without a Licence for that 
purpose, and for' regulating the Proceedings upon such Purchases, 
have not been duly observed ; It is therefore Our express Will and 
Pleasure, that when Application shall be made to you for Licence to 
purchase Lands of the Indians, you do forbear to grant such Licence, 
until you shall have first transmitted to Us by Our Comm'^ for Trade 
& Plantations, the Particulars of such Application, as well in respect 
to the Situation as the Extent of the Lands so proposed to be pur- 
chased, and shall have received Our further Directions therein ; And 
it is Our further Will & Pleasure that you do forthwith cause this 
Our Instruction to you to be made publick, not only within all parts 
of your said Province, inhabited by Our Subjects, but also amongst 
the several Tribes living within the same, to the End that Our Royal 
Will and Pleasure in the Premises maj be known, and that the 
Indians may be apprized of Our determined Resolution to support 
them in their just Rights, and inviolably to observe Our Engage- 
ments with them. 

111. Whereas in consequence of Our additional Instruction to 
Our Governors of North Carolina and South Carolina respectively 
in the Year 1763, a temporary Line of Jurisdiction has been agreed 
upon, and set out by Commissioners appointed, by both the said 
Provinces, We do signify to you Our Will and Pleasure, that the 
Line so set out shall be the Line of Jurisdiction between Our said 
Provinces, until a perpetual Line of Partition between them shall 
be finally- determined by Us, or until Our further Pleasure shall be 
signified thereupon. 



COLONIAL RECORDS. 143 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Right Honble Hy. Seymore Conway 

Brunswick, 26"" December 17(>5 
In obedience to his Majesty's commands communicated to me Ijy 
the Iionour of your letter of the 12"" of July last, It is with concern 
I acquaint you that the obstruction to the Stamp Act passed last 
Session of Parliament has been as general in this province as in 
any colony on the continent, tho' their irregular proceedings have 
been attended with no mischief or are by any means formidable. I 
am much of opinion that whatever measures are prescribed and 
enforced by his Majesty's authority to the more formidable colonies 
to the northward will meet with a ready acquiesence in the south- 
ern jirovinces without the necessity of any militarj'^ force. The 
first intelligence of the general alarm which was spread against the 
Stamp Act in this Colony was in October last, at a time I lay 
extremely ill of the fevers of this country which with repeated 
relapses I have experienced these five months past, I was very 
impatient to seize the first opportunity to communicate my sen- 
timents to the merchants and gentlemen of New Hanover, and 
Brunswick counties, who are the persons that carry on the Com- 
merce of Cape Fear River (and where I imagine the Stamps would 
arrive) on the then situation of public affairs. On the 18"' Novem- 
ber near fifty of the above gentlemen waited on me to dijiner, 
when I urged to them the expediency of permitting the circulation 
of the Stamps, but as my health at that time would not allow me 
to write down any speech, I must beg leave to refer you, Sir, to 
the inclosed Carolina Gazette of the 27'" November in wiiich 
you will find nearly the substance of wluit I declared and }ivo- 
posed to tlie above gentlemen. Their answer and my reply are 
inclosed. T^'o days before the above meeting Mr Houston the dis- 
tributor of the Stamps was compelled in the Court House at 
^\"ilmington, and in presence of the Mayor and some Aldermen to 
resign his ofiice. The Stamps arrived the 28'" of November last in 
his Majesty's Sloop, the Bilir/rnrc, Captain Phipps, Commander, but 
as there was no Distributor, or other officer of the Stamps in this 
Countiy after Mr Houston's resignation, the Stamps still remain on 
board the said sliiii. No vessel.-^ have been cleared out since tlie 



144 COLONIAL RECORDS. 



first of November from this river, or from any otlier in this province 
that I liave received intelligence of. Some merchants from Wil- 
mington api;)lied to me for certificates for their ships, specifying that 
no Stamps were to be had, which I declined granting, referring 
them to the officers of his Majesty's customs; They have been as. 
assiduous in obstructing the reception of the Stamps as any of the 
inhabitants. No business is transacted in the Courts of Judicature, 
tho' the Courts have been regularly opened, and all Civil Govern- 
ment is now at a stand. This stagnation of all public business and 
commerce, under the low circumstances of the inhabitants, must be 
attended with fatal consequences to this colony, if it subsists but for 
a few months longer. There is little or no specie circulating in 
the maritime counties of this province, and what is in circulation in 
the back counties is so very inconsiderable that the Attorney 
General assured me, that the Stamp duties on the instruments used 
in the five Superior Courts of this province would in one year 
require all the specie in the country ; the business which is likewise 
transacted in the 29 Inferior or County Courts the many instruments 
which pass through the Sheriff's hands and other Civil Officers 
these the Land office and many other instruments used in trans- 
action of public. business were the reasons which induced me to 
believe the operation in all its parts impracticable and which like- 
wise prompted me to make my proposals for the ease and conve- 
niency of the people, and to endeavour to reconcile them to this 
Act of Parliament. 

On the 20"" of last month I opened and proclaimed my com- 
mission at Wilmington where I consulted his Majesty's Councils if 
any measures could be proposed to induce the people to receive the 
Stamps. They were unanimously of opinion that nothing further 
could be- done than what I had already oftered. I have issued his 
Majesty's writs for a new election of Assembly, but shall not meet 
them till next April at Newbern. 

As the arrival of Dispatches from the public Boards is extremely 
uncertain here at all times, but more particularly precarious in the 
present time, I should wish, Sir, that any commands you honour 
me with might be inclosed to the Governor of South Carolina or to 
Mr Barron the Post Master General, residing in Charles Town with 
orders to forward them to me b}^ express. 

I am, Sir &c' 



COLONIAL RECOIiDH. 



145 



[N. C. Letter Book S. P. G.] 

Letter from M' Moir to the Secretary. Extract. 

Reverend Sir 

1 have not been able lo procure a copy of the Church 

Bill that was passed last assembly Governor Tryon tho' a soldier has 
done more for the settlement of a regular ministry in this province 

than both his learned Predecessors and yet was not importuned to ;; 

it here, as I know they both were — The happy effect of his prudent 
administration, I make no doubt will be felt in many other instances. 



[B. P. R. O. No. Carulina. B. T. Vol. 15.J 



A return of the Lists of Taxaljl^'s for the year 1705 in the Province 
of North Carolina. 



1 
1 




BLACKS AND 


TOTAL 


COUNTIES. 


WHITE MEN 


MULATTORS 


NUMBER 


TAXABLES 


MALE AND FE- 


IX EACH 






MALE 


COUNTY 


An.son 


584 


131 


715 


Beaufort . 


411 
030 


470 

877 


881 


Bertie 


loL3 


Bladen 


004 


033 


1237 


Brunswick 


209 


1100 


1315 


Bute 






2078 


Carteret 


411 


931 


1342 


Chowan 


010 


1017 


1027 


Craven 


1284 


1320 


2004 


Currituck 






790 


Cumberland 


800 


800 


1232 


Dobbs 


1170 


009 


1785 


Duplin 


848 


130 


978 


Edgcombe 


_ 





1739 


Granville 


974 


701 


1075 


Halifax 


402 

984 


"251 

458 


2028 


Hertford 


1507 


Hvde 


053 


John.ston 


1442 


Mecklenburg 








1352 



VOL. VII — 10 



146 



COLONIAL RECORDS. 



List of Taxables — Continued. 


COUNTIES. 


WHITE MEN 
TAXABLES • 


BLACKS AND 
MULATTOES 
MALE AND FE- 
MALE. 


TOTAL 
NUMBER 
IN EACH 
COUNTY 


New Hanover 

Northampton 

Onslow 

Orange 

Pasquotank 

Perquinions 


.529 

678 
2825 

750 
7)38 


1476 

'451 

579 

"429 
"§68 


2005 

2434 
1129 
3404 
1106 
1531 


Pitt 

Rowan 


1179 
3059 


Tyrrell 


906 


Total Number 


28542 


17370 


45912 







Note. — The return for Rowan Coifnty is for the year 1766; that of 
1765 having been made to the Governor. 

A true Copy taken from the Returns of the Clerks of the respective 
Superior Courts, -J. EDWARDS. Priv. Sec'^ 



[B. P. R. O. Journals. B. T. Vol. 73.] 



BOARD OF TRADE JOURNALS. 

At a Meeting of His Majesty's Com"'' for Trade and Plantations 

[P. 188.] 

Monday -June 1765 

Present 
Earl of Hillsborough 
M' Jenyns M' Bacon 

Lord Orwell M' Gascoyne. 

Read a letter from Wm. Tryon Esq. Lieut Governor of North 
Carolina to the Board dated April 1" 1765 informing their Lord^' of 
the death of Gov. Dobbs and of his taking upon him the adminis- 
tration of affairs and recommending New Bern as the properest place 
for carrying on public business. 

A letter to the Earl of Halifax acquainting him with Gov. Dobbs' 
death was signed 



COLONIAL RECORDS. 147 



[P. 199. J 

Wednesday June 26'" 1705 

Read a letter from the Earl of Halifax to the Board dated June 
26"" 1765 notifying the appointment of William Tryon Esq to be 
Governor of North Carolina and signifying the King's pleasure that 
Draughts of a Commission and Instructions be prepared. 

The Draught of a Commission appointing William Tryon Esq. 
Governor of North Carolina having been prepared accordingly was 
agreed and Representation thereon to His Majesty was signed. 

[P. 249.] 

Thursday Sept. 12"> 1765 

The Draughts of Letters to the Governors of North & South Caro- 
lina containing directions in respect to the provision to be made for 
defraying the expence of the survey of the Catawba Lands having 
been prepared pursuant to order were approved, transcribed and 
.signed. 

[P. 291. J 

Thursday. October 10'" 1765 

Read a letter from Gov. Tryon to the Board dated .June 24'" 1765 
relative to a duel between Lieut. Whitehurst and Alexander Simp- 
son, Master, both of His Maj. Sloop the Viper. 

Copy of sundry papers relative to the murder of M' Whitehurst 

Copy of a letter from Capt. Phipps to Gov. Tryon dated April 8, 
1765 and of the Govr's Answer dated April 9. 

Ordered that copies of the said letter and of the papers therein 
referred to be transmitted to the Lords Commiss"^ of the Admiralty 
as relating to the conduct of two Officers of His Maj. Navj' 

[P. 323.] 

Tuesday. November 12'" 1765 

Read a letter from Gov. Tryon to the Board dated August 12'" 
1765 relative to the Acts lately passed therelind to the proceedings 
of the Assembly also inclosing the following papers, A'^iz: — 

Minutes of Council in Assembly from 3'''' to 18* May 1765. 

Journals of the Lower House of Assembly from 3* to 18'" May 1765 

Four Acts passed in May 1765. 

Ordered that a copy be made of the Act for making provision for 
an Orthodox Clergy for the Lord Bishojj of London who said he 
would consider the same and favour the Board with his Observa- 



148 COLONIAL RECORDS. 



tions upon it and also with his opinion as to the proper form and 
method of induction of Ministers to vacant cures in North Carolina. 
Their Lordships then took into consideration the other parts of 
the letter from Gov. Tryon and made some progress therein. 

[P. 343.] 

Thursday. 'No vemher 28"" 1765 
Their Lordships took into further consideration a letter from the 
Gov' of North C'arolina mentioned in the Minutes of the 12"" inst. 
and the Draught of an Answer thereto having been prepared was 
agreed to and ordered to be transcribed — [p. 347.] and was signed 
Nov. 29'" 

[P. 389.] 

Tuesday. December 24"" 1765 
The Draughts of General Instructions and of those for the obser- 
vance of the Acts of Parliament relative to the Plantation trade 
having been jirepared for the Governor of North Carolina pursuant 
to Order were approved and ordered to be transcribed a Representa- 
tion to His Majesty thereupon was signed. 



1766. 

[From Tryon's Letter Book.] 

Letter from Governor Tryon to Benjamin Barons Esq Deputy Post 

Master General for the Southern District 

Brunswick o"^ January 1766. 

I am sorry to have been prevented from giving you that satisfac- 
tion in the particulars you requested relative to the Post occasioned 
by the bad state of health I have laboured under for these last five 
months past. I have however obtained a route thro' this province, 
best calculated in the opinion of the principal gentlemen here, for 
the ease and conveniency of the General Post, as well as for the 
commercial interest of this Province. There is no general plan of this 
province but by the inclosed route you may be informed, the broad 
ferries of Neuse river, Pamlico and Albemarle sounds are avoided 
and the route the shortest where there are any accommodations for 
the riders. I should think it unnecessary for vou to extend vour 



COLONIAL RECORDS. 149 



department further tlian Suffolk, as the northern Post ah-eady 
reaches that town ; for was you to carry it on to Williamsburgh you 
would have a ferry of three miles over James River to cross, besides 
forty four miles further by land. If you have any thoughts of 
taking a view of the route I recommend for the Post and to consult 
with Mr Foxcroft, I should be glad to see you at Brunswick when I 
hope to furnish you with further particulars, in the meantime I 
shall refer you to Mr Peter Randolph, Surveyor General of his 
Majesty's Customs, who is well acquainted with this province and is 
willing to give you information of the present state of the back 
country in this colony. I am Sir &c 

Route from Suffolk in A'irginia to the Boundary House of North 

and South Carolina on the Sea Coast 

Milfs. 

From Suffolk to Cottons Ferry, on Chowan River 40 

Appletree Ferry on the Roanoke 30 

Salters on Tar or Pamlico river 35 

Kemps Ferry on Neuse do 28 

Newbern 10 

Trentbridge 13 

Mrs Warburton's 13 

Snead's on New River Ferrj- 26 

Sage's 13 

■ • Collins : 14 

Wilmington 15 

Brunswick 15 

The Ferry 2 

To Bells 20 

The Boundary House 23 

Total miles 297. 



[From MS. Records in Office of Secretary of State.] 

Letter to M' Richard Bennehan 

Philadelphi.\, January 4"" 176(i) 
Dear Sir 

We beg leave to ask your Civilities in favor of the Rev* M"' Elihu 
Spencer & the Rev" M' Alex' M'Wherter who travel thro N° Caro- 



150 COLONIAL RECOEDS. 



lina. We have Such a regard for them as<'lergymen — Gentlemen 
& Patriots that we wish to interest you and all our friends in making 
their Tour agreeable to them. 

We are j'our Friends & Ser' 

WILL: HOOPER 
JOSEPH HEWES 
JOHN PENN 



[From N. C. Letter Book S. P. G.] 

Letter from the Bishop of London to the Board of Trade &c. 

January 13'" 1766. 
My Lords 

I have in obedience to your Lordships commands considered the 
act of North Carolina communicated to me by Mr. Pownal together 
with an extract of a Letter from Governor Tryon so far as it relates 
to the passing of the said act I am very sensible of the difficulties 
which have hitherto attended every attempt to pass an advantageous 
Law for the Establishment of an orthodox clergy in that Province 
The two last acts of the assembly in 1755 and 1760 were thought 
liable to many objections which induced your Lordships to represent 
to His Majest}^ your opinion that the}' ought to receive the Royal 
disallowance — The present act is free from most of those objections 
which principally refered to the Powers claimed by the Vestry with 
regard to the Right of Presentation and to those provisions in it 
which seemed to affect the Prerogative of the Crown: It is silent as 
to any claim of that Right and therefore leaves it in the crown to 
be exercised by the Governor by virtue of his Patent from the King. 

The provision made by this act for the clergy is likewise consid- 
erably augmented : By the former it was only £80 per ann. Procla- 
mation Money. By this it is £133 — 6 — 8 and the Minister has a 
remedy which was not in the former act for the payment of his 
salary by a motion in the Superior court ag' the churchwardens and 
vestry neglect^ of refusing to pay it. The provision would certainly 
have been more eligible if as the Governor himself suggested to the 
assembly it had been directed to be paid by the public Treasurer 
of the Province Nor can we see any reason why that method 
should be objected to as they have an example of it in South Caro- 



COLONIAL RECORDS. 151 



lina where their salary to the clergy is paid every half year by the 
Public Treasurer of the Province out of a particular fund appro- 
priated by an act of assembly for that jairpose. 

It were to be wished likewise that they would have been as indul- 
gent to their clergy as in the other Province of South Carolina by 
agreeing to keep the parsonage house in repair solely at the expense 
of the Public which would not have left the Minister at the will and 
pleasure of the churchwardens who may oblige him to repair as they 
may direct nor expos'd his Executors to be harrassed by Law suits- 

The act gives the Ministers a right to receive certain fees for the 
performance of Parochial duties but may there not be a difficulty in 
recovering them when refused? There is an easy method in one of 
the Barbadoes Laws which might have been followed in this — By 
a warrant from any of his Majestys Justices of the Peace as in case 
of money for Labourers hire and work done. 

These are not mentioned as objections of weight against the act 
but rather as Hints which may be improved by the Governor and 
assembly in any future one. As the Governor has exerted a becom- 
ing zeal for the clergy in promoting this act and seems to think it 
upon the whole the best that was ever passed in that province I am 
rather inclined to consider it in a favorable light especially as it 
stands free from those unreasonable claims of Vestries which were 
not less grevious to the clergy than injurious to the prerogative of 
the -crown. 

There is one thing in this act which the Governor himself has 
pointed out and which therefore it can not be improper for me to 
take notice of The not requiring the certificate of the Bishop of 
London that the person to be preferred to any Benefice hath sub- 
scribed before him That he will conform to the Liturgy of the 
Church of England as it is now by law established upon considering 
this matter with attention I don't see the same necessity for making 
this a part of the act as in the former acts By the former the Ves- 
tries claimed a Right of presentation. There was occasion therefore 
for a check upon them that they should present no one without such 
a certificate But as the right is now in the Governor there seems to 
be less occasion for such a check. He behig by his instructions 
required to prefer no Minister to anj^ Ecclesiastical Benefice without 
a certificate of his conformity If that standing instruct" is not 
thought sufficient I see no objection against taking this occasion of 
its omission in the act to enforce it more particularly by a new 



152 COLONIAL RECORDS. 



instruction and perhaps it may not be vmreasonable at this time to 
be more than commonly cautious that no clergyman shall be pre- 
ferred by the Governors in any of the colonys who has not given 
security to a Bishop in England that he is a friend of the Establish- 
ment of a Protestant church and will conform to its doctrine and 
Discipline: A security which I must beg leave to recommend as in 
these times more particularly necessary when it is a fact which I men- 
tion from the best information that they who have given this Secur- 
ity have shewn themselves in the late disturbances in the planta- 
tions the most decent and orderly in their behaviour and the firmest 
friends of his Majestys Government. 

That the Assembly have indeed in another part of the Act 
shewn some regard to that relation which the Ecclesiastical state of 
the Colonies has always been supposed to bear to the Bishop of Lon- 
don by enacting "That if any Lrcumbent shall be guilty of any 
"gross Crime or Immorality it shall be lawful for the Governor 
"with the advice of His Majestys Council to suspend him; and that 
" such ms2)ension shall remain until such time as the Bishop of London 
" shall either restore or pass sentence of Deprivation upon him by 
" notifying the same to the Governor. 

In the present state of Ecclesiastical Jurisdiction in tlie Colonies 
the power of suspension must be placed in some hands. It is cer- 
tainly safer in those of a Governor than of a Vestry. It is indeed 
liable to be abused wherever you place it. But yet it is a matter of 
such consequence that a Clergyman found guilty of any grave 
crime or immorality should not be allowed to continue the exercise 
of his Function to the offence of his congregation that I am inclined 
to think the power of suspension (if it can be done legally) may be 
allowed to the Governor till a better remedy can be applied to those 
defects of Discipline which are owing to a want of a proper Eccle- 
siastical Jurisdiction This power of suspension is not indeed made 
absolute in the Governor It is only to continue "till such time as 
the Bishop of London shall restore or pass sentence of Deprivation 
on him by notifying the same to the Governor" But by what 
authority can the Bishop of London (who has no Commiss" from 
the Crown) proceed judicially to restore or to pass Sentence of 
Deprivat"? As the case stands at present the Bislioj) cannot deprive 
him liowover guilty or if the Governor suspends the Clergyman 
however innocent he must remain suspended if it depends on the 
Bishop to restore him. 



COLONIAL RECORDS. 153 



This circumstance affords a proper occasion of observing (and 
some late instances in the Island of Barbadoes will confirm the 
observation) not only how defective the Bishop of London's Jurisdict" 
is in the plantations but what Inconveniences arise from that defect. 
It is far from being clear that a Commiss" granted to the Bishop of 
London as it was to Bishop Gibson wo^ be an adequate remedy to 
those Inconveniences: Bishop Sherlock who certainly co* .Judge as 
well as any man how far the powers given by that C(3mmiss° wo*" 
enable him to go and who it is to be supposed had no object" to the 
exercise of any .lurisdict" which wo* answer the purposes for which it 
was intended stated his object" to such a Commission to his late Maj- 
esty in Council as defective in many parts of it and giving Powers 
which no Bishop at this distance from the Plantat"' co'' exercise 
effectually. These objections weir a sufficient inducem' to that 
prelate Humbly to oft'er his reasons for the necessity of establishing 
Bishops in America as the only method of introducing Order & 
proper discipline in the Churches of our Colonies: And whoever 
considers the superior Abilities of Bishop Sherlock as well as the 
more enlarged extent of our dominions' in America since his time 
will readily allow that the same objections may be urged with 
additional strength by one who by experience feels the force of 
them & sees too much reason to lament that with the best inclinat"' 
to do his duty He finds himself unequal to that important part of 
it — the care and superintendency of Religion in the Plantations. 

I need not to enumerate to your Lordships the peculiar Hardships 
which the Church labours under for want of a more complete estab- 
lishm' in America. Your Lordships attention to the important 

state of affairs in that ( 'ountry must bring them into 

your views & lead you to work success to a measure so necessary for 
the sake of Government as well as of Religion — It must be left to 
the Wisdom of Government to judge of the most favorable season 
for that important Consideration whenever that season comes. I 
doubt not but that it will have all the attention which it deserves, 
whatever may be my own private thouglits upon the subject I can- 
not have a wish to see any measure carried into execution if it is 
not found to be consistent with the Principles of true policy and 
free from every reasonable objection upon the principles of con- 
science and Religious liberty 

1 have the Honor to be etc 

RIC LONDON 



154 COLONIAL RECORDS. 



[N. C. Letter Book S. P. G.,] 

Letter from M' Reed to the Secretary. Extract. 

Newbern January H"" 1766 
Reverend Sir 

We have suffered the most intense heat during the 

last summer that ever was known in the memory of man, and about 
the middle of Augu.st I, was .seized with the yellow Fever — The 
attack was exceeding violent, but soon over as is common in that 
disorder and left me exceeding deaf. Since that time I have enjoyed 
as good a state of health as ever I did since I came into America mjf 
hearing excepted which gives me great uneasiness. 

.M' Stewart was brought here in an Horse litter about a month ago 
and has been ever since under the care of the Doctor — This afflicted 
Brother has lost the use of his limbs with the Rheumatism and can 
hardly support his own weight with the assistance of a pair of 
Crutches — He intends for England in the spring and to try whether 
dipping in the sea during the passage will not relieve him. 

I am sorry to acquaint you the Schoolhouse still goes on very 
slowly occasioned by the Impediments mentioned in my last and 
particularly at present bj' the distracted and confused situation of 
affairs in this American world Tho' the people here are peaceable 
and quiet yet they seem very unea,sy discontented and dejected — 
The Courts of Justice are in a great measure shut up and tis expected 
that in a few weeks there will be a total stagnation of Trade — 

I am &c 



[Feom Tryon's Letter Book.] 

Letter from Governor Tryon to the Board of Trade 

Brunswick 27 Jan'' 1766 
When I left England I received in part of my instructions from 
your Lordships Board directions to co-operate with the Governor of 
South Carolina to carry into execution his Majesty's order for 
running a temporary boundary line between their two provinces 
and also to give my opinion what I thought would be a proper final 



COLONIAL RF.CORDS. 155 



boundary. On my arrival here in 17G4, I was informed Com- 
missioners, from the two Provinces were upon the survey of the said 
boundary, The inclosed plan, numbered 1. will point out to your 
Lordsliips their first station at Little River Inlet, course north west 
till they come to the 35° .. 0' of north latitude. This course measured 
nearly eighty si^ miles and a half. 

The Plan number 2 takes its course due west from the 35° .. 0' of 
north latitude, and stops at the eastward boundary of the Catawba 
nation five miles and an half short of the Catawba river; as will be 
seen by the plan of the Catawba tract of land ; The distance of this 
western line sixty one miles, Your Lordships will observe by the 
Catawba plan, if this western course had been run but a few miles 
further, it would have taken into this province the whole of the 
Catawba nation, and tract: excepting a small triangle, containing a 
few hundred acres of land uncultivated, and uninhabited. This 
western line continued, would in thirty six miles from the 
Catawba river, also have extended to Broad River, Since the tem- 
porary line has been run, the distance between the two rivers has 
been measured by some of the planters on the frontiers, who were 
willing to know in which province they should apply for warrants, 
to be taken up for the survey of lands. The said western line still 
further continued would strike Seludy river, distance seventy com- 
puted miles from Broad river, These two rivers have their confluence 
at the head of Congaree river, which last empties itself into the 
Santee. 

The gentlemen and inhabitants of the soutliern pai't of this 
province are very desirous of having the boundary carried so far to 
the southward as Wynyaw, and running up the Great Peedee river 
till it strikes the pr-esent temporary line (as in Plan No. 2), then to 
fall into the (present) western line. One argument among others for 
this extension of the boundary is, that it will give their western or 
back settlers, the opportunity of transporting their commodities thro' 
the Yadkin, and Rocky rivers down Great Peedee river, into the sea. 
This benefit they are in a great measure deprived of by the south gov- 
ernment laying duties on commodities brought down the Peedee 
from this colony. As I esteem it my duty to act from the best of my 
judgment for his Majesty's interest; and as I consider the two 
provinces equally the concern and property of one master; I should 
imagine tlie fixing the bound^y from Wymyaw &c' would too 
much contract the sea board of the south government, and in a 



156 COLONIAL RECORDS. 



future day, might be of more prejudice to that province, than of real 
advantage to this. The above mentioned waters are. onlj' navigable 
at certain .seasons of the year, a circumstance attending all the rivers 
in these parts, high up the streams. On the contrary side, it has 
been urged, that the south province is equally desirous of establish- 
ing the boundary on the west banks of Cape Fear river and so up 
its north west branch to the 35° 0' of north latitude. This division 
would be of infinite prejudice to tliis jjroviiice, as it would shut out 
these four large counties, vid'. 

Brunswick, Bladen, Cumberland and Anson, and greatly interrupt 
and injure the commerce now carried on here. The interest, trade, 
property, and jurisdiction on both sides the river being blended; 
their disunion ^^•ould cause great confusion in the business, as well 
as greatl^^ retard the successfull progress this river is making in her 
exports, particularly in the article of naval stores, most of which are 
shipped to Great Britain. 

It is po.ssible the Commissioners of his Majesty's customs may have 
experienced that where the divisional line of Colonies, ha.s been 
ascertained by water courses, smugling has been carried on with 
more success, than when the .said dividing lines run over a land tract. 

Upon the whole of these considerations I am of opinion the present 
temporary partition line' is the best calculated for the final boundary, 
between these two governments; however it might be very expe- 
dient that the present line should be continued as far as Broad river; 
to the banks of which, settlements are already extended. This river 
is distant upwards of forty one miles from the eastward boundary 
of the Catawbas: where the Commissioners left off their survey. 

I had, my Lords, further instructions to report to your Lordships 
board wliat proceedings have been had, and measures taken for ascer- 
taining the line of partition l)etween the lands belonging to the 
crown, and those markt out for tlie Earl of Granville. On this hea.d 
I have obtained the following informations 

In the autumn of 1743, Commi.s.sioners appointed (in pursuance 
of his late Maje.stys instructions bearing date the 25"" day of April 
of the said year) set off for the sea coast to take the latitude of 35° 
34' north, lat. which they found to fall six miles and an half to the 
southward of Chinkinaconmack inlet, where they set up a cedar 
stake : From this station, they ran a we.st course across Cape Hat- 
teras island ; but on account of the sound of Pamplico, and a great 
Dismal or large Pocoson, which lies in Hyde county, they found it 



COLONIAL REC(JRD8. L57 



impracticaljle to pursue their course. Accordingly they left off their 
survey on tlie west banks of Hatteras island ; and agreed to go up 
to Bath Town, there to take the latitude. They found the town to 
lie nearly 35° 30'. The Commissioners then ran sixteen hundred 
and sixty poles a north course which brought them to the lat of 35° 34' 
where they fixed two posts (now standing in the great road that 
leads from Bath to Edenton) from this station they ran a west course, 
eleven miles onlj', stopping at a plantation called Bonners Field. 
Here ended the survey in 1743. No further proceedings were had 
till the survey taken in April 1746: which was carried as far as Haw 
river, and in the October following continued it to Rocky river, 
which is the farthest this partition line has been carried. I liad this 
intelligence from a gentleman who was on the survey 

These two last surveys will be fully explained by the plans I 
enclose your Lordships (numbered 4 and 5 ;) the originals have the 
great seal of the province, affixed to them ; and certified as authentic 
by-Governor Johnston, Distances of these last three surveys, are 

From Platteras Island to Bonners Field, 90 complete miles 

to Saxhapahaw or Haw River 104 meas- 
ured miles 
to Rocky River 87 measured miles 

It appears that Lord Granville's land, as set off contains fifty six 
geographical miles: which was one full eighth of the Carolinas in 
the second grant made to the proprietors by King Charles the 
second, in the seventeenth year of his reign containing 7° 30' 
that is from the 29° 0' to 36° 30' north latitude. Whereas before 
the time Lord Granville's grant and release, was confirmed ; near 
3° 0" of latitude was taken from Carolina by Florida and Georgia, 
I mentinn this circumstance not as an advantage his Lordship took 
of the ( 'rown, as I presume he claimed his eighth under King 
Charles' grant ; but as the probable reasons, why some i^eople con- 
cluded, his Lordships line extended too far to the southward. 

The present Lord has had no agent, to receive any quit rents, 
.since his Father's death. I have reason to believe from several con- 
versations I have had with the principal inhabitants of that district, 
" that no subject will receive any adequate advantages for so rich a 
body of land, who is not on the spot, and diligent to superintend 
his agent. These people much wish to be tenants to the Crown; 
one reason is from the experience they have had of the two fre- 
quent abuses and extorsious of most of the agents that have been 
employed. 



158 COLONIAL RECORDS. 



[N. C. Letter Book S. P. G.] 

Letter from Gov' Tryon to the Secretary. 

N° Carolina Brunswick 29"" Janry 1766 
Sir 

Your letter of the 21" May was delivered to me by the Reverend 
M' Barnett on his arrival in this province the 26"' October last. 
Agreeable to the Societys recommendation and your testimony of 
his good behaviour I received him into my family. His conduct is 
a credit both to his Function and to the Mission. I imagine the 
Society for propagating the Gospel in Foreign Parts was not apprised 
that the towns of Brunswick and Wilmington lay in two different 
Counties the former in Brunswick County, the latter in New Han- 
over, besides by act of Assembly I obtained last May at Newbern 
for establishing orthodox C'lergy free from former objections Mr 
Barnett could not receive the benefit of a parish if he was to 
officiate at both the above Towns — LTpon these considerations I 
have desired him to do duty in Brunswick County only unless any 
casual opportunity might offer for his performing services at Wil- 
mington or elsewhere. From a just sense I entertain of the real 
benefit your society has been and still continues to be to these 
Colonies I must desire leave to offer my services and annual mife to 
so honorable and beneficial an institution — If I am elected a Mem- 
ber I will trouble you Sir to deliver the inclosed to Messrs. Drum- 
mond at Charing Cross. I am &c 

Wm tryon. 

P. S. I sent last July the above Clergy Bill to the Board of 
Trade desiring it might be communicated with my letter (on the 
state of religion here) to j^our Society. 



[From Teyon's Letter Book.] 

Letter from Governor Tryon to the Board of Trade 

Brunswick 1" February 1766 
I have been prevented from making up my despatches for your 
Lordships Board since those I sent of the proceedings of the General 



COLONIAL RECORDS. 159 



Assembly held at Newbern in May last, by a severe and tedious 
illness which has visited me for these six months past. I now send 
your Lordships in a separate packet by the Heron, Parker, master, 
bound for Portsmouth the plans of the lines that were run in 1746 
between the lands belonging to His Majesty and those set off for the 
Earl of Granville and also those of the temporary boundary line 
between the Carolina governments run in 1764 together with the 
fullest information I have been able to obtain on those subjects. 
The Heron, who likewise carries this dispatch is the first vessel that 
has left this port since the first of November, she sails with the old 
clearances, without stampt paper. 

Mr. Simpson, late master of his Majesty's sloop the Viper who 
made his escape after being committed for the murder of Lieut 
Whitehurst of the said sloop surrendered himself up to justice, and 
took his trial at Washington Superior Court held last October. The 
verdict of the jury was manslaughter. The Attorney General to 
whom I wrote to prosecute for the Crown was prevented from attend- 
ing, by a confirmed bad state of health : His deputy brought on the 
trial before the jsrinciple evidences arrived in the province who were 
on board the Viper every day exi^ected, and who were present at the 
duel, as may be seen by the depositions 

His Majesty's officers of the customs for this river have seized two 
vessels, the first a brig named the Samuel, Hezekiah Welch, master, 
was stopped the 29"' of May by IVIr Pennington comptroller on sus- 
picion of the master having made a false entry ; upon search near 
one hundi'ed hogsheads of foreign molasses was found on board her, 
that had not been entered. This quantity has been condemned by 
a decree in the Court of Admiralty of this province. The sale of 
this molasses clear of all charges amounted to £324.. proclamation 
money; value in sterling £163.. this brig came from Hispaniola 
bound to Boston. The second vessel named the Fox, Nath' Porter, 
master, was seized by Mr. Dry, the Collector, the IS"" of October la,st 
on suspicion of her having broke bulk before entr3\ This vessel 
' was condemned in the above court together with her cargoe which 
consisted of wines from the Azores and rum from Santa Cruz. The 
sale of this ship and her cargoe is just finished. As the Collector 
informs me he has not been able to make out the particulars of the 
amount of the sale, I will send them in my next dispatches. 

I am next to inform your Lordship, I opened in his Majestys 
Council the 20"" of December last at Wilmington the commission 



160 COLONIAL RECORDS. 



his Majesty has honored me with as Governor of this Province. By 
the advice of the Council 1 dissolved the Assembl}' and issued new 
writs in his Majesty's name for the elections of a new Assembly, the 
writs returnable the 22'' of April when the General Assembly is to 
meet at NewBern. 

Mr. Berry, Chief Ju.<tice of this province shot himself in the head 
the 21" December last and died in Wilmington the 29"" of the same 
month. The C'oroner's inquest sat on the body and brought.in their 
verdict " Lunacy." 

I have given the commission of Chief .Justice during pleasure to 
Mr James Hasell, senior member of his majestys Council, next to 
the President; He is much the gentleman, has acted in this office at 
different times seven years to general satisfaction: Has been an 
inhabitant of tliis province upwards of thirty years and altvays 
esteemed a steady friend to the measures of government. 

Mr Hasell, present Chief Justice, held the Commission of Chief 
Baron of the Exchequer: I have appointed Mr Robert Howe an 
Associate Judge, a gentleman of good character and al>ilities to be 
chief Baron of the Exchequer during pleasure. 

The present members for his Majestys Council, are 
Mr Murray, President 
Mr Ha,sell, Chief Justice ^ y, f Mr Alexander M°Culloh 



Mr Rutherford, Receiver Gen' o Mr Henry Eustace M^CuUoh 
Mr DeRosset, '-'p -\ Mr Palmer, Survevor General 

Capt Brice Dobbs J Mr Dry 

Mr Sampson J "^ [^ Mr Heron 

I send your Lordships the names of the three following gentlemen 
for his Majesty's nomination of a Counsellor in tliQ room of Mr 
Berry, Vidt, Mr Samuel Strudwick, Mr Francis Corbyn and Col° 
Lloyd. Mr Strudwick came into the province at the time I arrived, 
has large jjossessions in this county, is a gentleman of very good 
character, and has already been warmly recommended to your Lord- 
ship's board. Mr Francis Corbyn was in the Council till suspended 
by the late Governor, he is a near relation of Mr Corbyn Morris's, 
one of the Commissioners of his Majesty's cu.stoms. Col° Lloyd 
served with credit under the late General Bouquet in the Virginia 
provincial forces, against the Indians; he is aliout thirty years of age 
and happily unites the spirit of the soldier with that of the gentle- 
man. I gave Mr Murray, President, leave of absence for one year, 
to go to Bo.ston; this leave expires next April. As Cap' Dobbs has 
not been in this colony since my arrival: 1 should think it is prob- 



COLONIAL RECORDS. 161 



able the death of his father may determine him not to return liere ; 
this will make another vacancj' in the Council 

The Act of Parliament laying Stamp duties on the Colonies, has 
been as generally rejected in this province as in any colony on the 
Continent: The particular conduct of the inhabitants; I have 
transmitted to Mr Conway one of his Majesty's principal Secretaries 
of State therefore I sliall not trouble your Lordships on this subject. 
The Stampt papers arrived the 28"' of November last in his Majesty's 
sloop the Diligence, Capt Phipps, Commander, from A'irginia, where 
they still continue: 1 have issued a proclamation signifying their 
arrival, and that they would be delivered from on board the Dili- 
gence to any person who was properly qualified to receive tliem. 

As the arrival of dispatches from the public boards is extremely 
uncertain here at all times, but more particularly precarious in 
the present times; I should wish that any commands your Lord- 
ships honored me with, might be inclosed to the Governor of South 
Carolina or to the Post Master General residing in Charles Town. 
• with orders to forward them to me by express 

I am &c 



[N. C. Lettkr Book S. P. G.] 

Letter from M'' Barnett to M' Waring 

Castle TRYt)X near Brunswick North Carolina 

1^' Feb^. 1766 10 oclock at night 
Rev* Sir 

Since my arrival in Carolina 1 have heard from no one friend, 
nor any of my friends (but once) from me our ports as well as 
Courts of Justice are shut up & all business at a stand & this ever 
since the 1^' of Nov'' & God knows how long it may continue. 

Two vessels are about to sail one tomorrow for Portsmouth with 
dispatches for the government & the other for London with Naval 
Stores on Thursday next. This comes by the former by the latter 
I write Y)' Burton 

My situation at present is no further agreeable than as his 
Excellency our worthy Governor & the most amiable of women his 
Lady endeavor to render it so 

At present I have no other certain income than what I receive 
from the society our public disturbances are risen to such an height 
VOL. VII — 11 



162 COLONIAL RECORDS. 



& the conf?equences of them are such as you can form but little 
conception of 

The vestry have voted me £133: 6: 3 per annum currency (a 
guinea is £4 21) but I have no other security for the payment of 
that salary than iJieir honor as no agreement enter'd into can now 
be legal without stamp'd papevfi & the honor of this Country is but 
a poor basis to build any great hopes on. 

I cannot have the cure of Wilmington tho' join'd in the mission 
as that town is the Capitol of another County and pluralities are 
not known in these parts. 

Our Gov' writes by this opportunity to the Society & incloses an 
handsome sum in a Bill on Mess'" Drummonds at Charing Cross & 
desires to be admitted a Member of the Society, he is one of the 
worthiest of men & has the interest of religion much at heart. He 
has lateh^ procured an Act of Assembly for the better encourage- 
ment of the Clergy he has rais'd their salaries to the sum within 
nam'd & has happily got the right of Induction iH-ded in the 
Crown 

I have genteel apartments assigned me in the Governor's house 
<fe I thank God live extremely happy in the family 

I judge it proper to acquaint -you that one Stevens a Scotch Pres- 
byterian teacher, comes in this vessel to get orders. I did propose 
to give you some very particular account of him but the Captain 
waits for the Letter & will not give me time to say more than that 
this Stevens has ill used the Governor affronted all the King's 
Council (but one Scotch gentleman) most villainously abused me & 
now comes to apply to the Bishop of London for orders without any 
recommendation to his Lordship you'll be able to form some judg- 
ment of the man when I tell you he has several times preach'd 
here in a Lawyers old gown given him at Wilmington to make 
some waistcoats of he has I assure you Sir baptized several children 
in the character of a Clergyman of the Church of England which 
before I came he had the impudence to assume & upon my detect- 
ing him he said in public Company he .would go home to London, 
would make a genteel present to the Bishop & knew he could get an 
order from his Lordship to supersede me in inj mission this he after- 
wards told me himself & he told some of the King's Council here 
anyone might get orders on making a Bishop a present of the price of 
a good Beaver Hat — which he intended doing, he came here a dis- 
tress'd stranger the Gov"' took pity on him & promised to recommend 



COLONIAL RECORDS. 163 



him to the Society if he behaved well for some time & also give 
him 50 guineas to bear his expences but his Excellency soon saw 
into the man forbid him his presence & will never suffer him to 
take a living here if he should get ordained. 

The times are so distracted that I cannot possibly propose a 
negro school. I beg my best respects may be given to good M' 
Skinner and family and my good friend M' Hopkins & his very 
amiable family 

With the most extraordinary haste &c 

JOHN BARNETT Missionarv 



[N. C. Letter Book S. P. G.] 

Mr. Barjiett to the Secretary. 

Brunswick Cape Fear Feby 3rd 1766 
Reverend Sir, 

The unhappy disturbances in America has prevented any oppor- 
tunity of my writing the venerable society till now. 

The Governor has wrote you and desires to be admitted a member 
of the Society ; he has enclosed a bill of Exchange on Messrs Drum- 
mond Charing Cross. 

He is a gentleman of great goodness of heart, and a most sincere 
well wisher of the Society. Hi.s Excellency has lately effected wbat 
the late A^ery worthy Governor often attempted. 

An act of Assembly is at length obtained for vesting the right of 
Induction in the Crown, and the salaries are augmented to £133 per 
annum currency about £70 sterling. — 

The Society were pleased to appoint me their Missionary to Bruns- 
wick and Wilmington, but these Towns being Capitals of two several 
Counties I can be minister to only one of them so have chosen 
Brunswick which is the residence of the Governor however I occa- 
sionally officiate in several other jilaces one was upwards of one 
hundred miles distant from Brunswick. — 

The extent of this Parish is I believe about sixty miles by thirty 
I have visited several times those parts in it appointed by the \>stry 
and have baptized from the 12"' day of Nov' to last of .January Sixty 
White Children One Negro Child and one adult Negro — and three 
times administered the sacrament to about 25 communicants — 



164 COLONIAL RECORDS. 



New light baptists are very numerous in the southern parts of this 
parish — The most illiterate among them are their Teachers even 
Negroes speak in their Meetings — They lately sent to me to offer 
the use of their meeting house where I propose to officiate once in 
two months. " • 

His excellency has been pleased to subscribe about forty guineas 
towards finishing the church here and I believe the work will now 
go on briskly — it is a very handsome brick building upwards of 
Seventy one feet in length and breadth and height in proportion ; 
the roof is finished and the Sashes Glass &c will arrive from Eng- 
land I hope in the next summer 

I am &c 
JOHN BARNETT. 



[B. P. R. O. America & West Indies. Vol. 269.] 

Letter from John Stuart (Indian Agent) to Governor Try on 

Charles Town 
5" Feb'^ 1766. 
Sir, 

My having been long abseiit from this place in discharging the 
duties of my Office, as Superintendant of Indian Affairs, hindered 
me from doing myself the honor of writing your Excellency on 
your first arrival in your Government. 

I now take this opportunity of paying my compliments of con- 
gratulation to your Excell"^, and I sincerely wish your Administra- 
tion may be attended with all imaginable success and happiness. 

My business in the two Floridas was to settle the affairs of my 
Department, and to assist the respective Governors, in making peace 
with, and ascertaining the boundary Lines between the surrounding 
Indian Tribes and their Provinces, which is considered as essential 
to the preservation of their tranquility. 

I have the pleasure to acquaint you that our endeavours were 
ci'owned with success, having obtained several considerable cessions 
of Land, and in a great measure effaced the bad impressions left on 
the minds of the Savages by the insinuations of the French. 

During my absence Governor Bull in attention to the complaints 
of the Cherokee Indians relative to Encroachments made on their 



COLONIAL RECORDS. 165 



Hunting Grounds by grants obtained from the two Carolinas, pro- 
posed fixing a boundary line, his proposal met with some difficulty 
on the part of the Indians, which however has been surmounted 
and the line is to be run accgrdingly. 

I enclose your Excellency a copy of their Talk, on that occasion, 
in which they proposed, that a line be also run between your Prov- 
ince and their Hunting Grounds, pointing out the course of said 
Line, and where it is to commence. 

I beg leave to offer it as my opinion, that the fixing a boundary 
Line is a measure necessary and essential to tbe preservation of 
peace with the Indian Nations, and which will have a good effect 
on the minds of all the Indian Tribes, as well as the Cherokees. I 
have this day sent away Alexander Cameron Esq", my Deputy, who 
has in charge to see the line between the Cherokees and this Prov- 
ince run out, on which occasion he is to act jointly with a person 
employed and authorized by this Province. 

I have also directed him to follow any directions your Excellency 
maj' think proper to send upon that occasion, and to act conjunctly 
with any person, who may be authorized or employed by j^ou ; and 
if my proposal meet with your approbation it may be proper to 
acquaint M' Cameron with your determination, as soon as possible, 
that he with the Indians may be ready to go upon the service if 
.required. 

It will give me great pleasure to facilitate any measure for the 
good of your Province, and to show with what respect I have the 
honour of being, Sir, &c 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Philip Stevens, Esc|. 

At the Admiralty 
Brunswick 13'" February 1766. 
I received your letter of the 4"" In.st with a packet inclosed directed 
to the Senior officer of his Majesty's ships and vessels at North Caro- 
lina. I had an opportunity of delivering the packet the same day 
to Capt Lobb of the Vq^cr sloop I must request Sir the favor of j'ou 
to acquaint the Lords Commissioners of the Admiralty, that I had 
before the receipt of your letter experienced a read}' concurrence 
both from Capt Lobb and Capt Phipps in every application I have 



166 COLONIAL RECORDS. 



made to them for his Majesty's service, and that I regret a young 
man of Capt Phipps' commendable spirit and zeal, for the honor of 
government and his profession, should be called from his station on 
this continent, in the present critical situations of public affairs here 

I am &c 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Benjamin Barons, Esq. 

Brunswick 17"" February 1766. 

I have received j'our letter of the 4* lust togetlier with that of the 
S"" The dispute you mention between Mr Burgwin and Mr Hamil- 
ton I am an entire stranger to and therefore think it need not have 
been made a subject to trouble me wiih. In the nice situation of 
public affairs on this continent I esteem it highly necessary that his 
Majesty's instructions to his Governors, should be conveyed to them 
with all possible dispatch, and security, as also, that the Governors 
correspondence to his Majesty's several boards should have the same 
advantages: These advantages I am wholly deprived of in this 
province, I am therefore to seek them in another. This, Sir, is the 
reason I subscribed for a messenger to go once a fortnight from Wil- 
mington to Charlestown to carry my dispatches and receive those I 
might be honoured with by his Majestys commands, till the General 
Post Office might be set on foot. If you will send off an express 
from Charles Town to Wilmington once a fortnight or three 

weeks, certainly subscribe to it, in preference to the subscription 

opened at Wilmington, should your office fund not be sufficient to 
support that expence. I enclose you extract of my speech to the 
Assembly recommending their assistance for the establishment of a 
general post, together with the Attorney Generals motion and the 
Resolve of the liouse in consequence thereof Three of the Com- 
missioners, appointed to treat with the Post Master General or his 
deputy, live in Edenton, the other two live within forty miles of the 
said town, These gentlemen I presume are the proper persons for 
you to concert the necessary measures for establishing the General 
Post thro' this province. 

As soon as I meet the General Assembly I shall lay before them, 
and recommend the estimate you sent me in your letter of the 4"" 



COLONIAL RECORDS. 167 



Inst of the money requisite per annum to enable you to carry the 
Post thro' this colony : The Assembly stands appointed to meet the 
' 22* of next April. 

The distance you desire to be informed of from Suffolk to the 
northern boundary of this Province, I am told is twenty four or 
twenty five miles, I mean in the route from Cotton's ferry to Suffolk. 

The request you made me to recommend to you j^roper ])ersons 
for your officers in the route the Post is to take, is a task I must 
decline at present, as my long confinement has prevented my 
acquaintance with persons possessed of the qualifications you require 

My letter to you of the 3'' of January last, with this, contains I 
hope answers to every particular you required of me in your letters 
of the ll'" of January last, and of the 4"' and 8"" Inst. Any further 
information or assistance you stand in need of for His Majesty's 
service as far as I am able, I shall be willing to procure you being 
ever ready to cooperate with any Crown Officer for the interest of 
his Majesty and the public; however deficient such officer may be 
in point of good manners and decency towards me. I must here to 
observe that the route I sent you in my letter of the 3'''' of January ; 
The expectations I expressed of seeing you in this province ; The 
information Mr Surveyor General Randolph promised me to give 
you of the state of this province, to whom I referred you, with the 
consideration of the bad state of my health at that time, I thought 
would have been sufficient satisfaction for not then answering by 
letter every particular you desired ; These reflections induce me to 
be of opinion your letter of the 4"" inst was dictated with more 
warmth than judgment; and I doubt not. Sir, from the character I 
have received of you from my worthy friend lately at the head of 
your office, when you take a candid review of your letter you will 
join issue with me in sentiments 

I am, Sir, &c 



168 COLONIAL RECORDS. 



[From MS. Records in Office of Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Brunswick G"" January 1766 

Present 

His Excellency the Governor 

TVio tt«,iMb f James Hasell Lewis H D^Rosset & 1 i:. 

I he Hon I joiii, Rutherfo^.^ William Dry | Esquires 

Thomas Rutherford Deputy Clerk of the Council took the oaths 
of Secrecy appointed for the Council 

His Excellency communicated to this Board that the Stamp 
papers were arrived in Cape Fear river in His Majestys Sloop of 
War Diligence Constantine Phipps Esq' Commander 

Ordered that the following proclamation be forthwith issued Viz' 

North Carolina 

By His Excellency William Try on Esquire &c 
A Proclamation. 

Whereas the Stamp papers for the use of this Province agreeable 
to Act of Parliament are now in Cape Fear river. I therefore 
thought fit By and with the advice and consent of His Majestys 
Council to issue this proclamation that no person may plead ignor- 
ance thereof and that any person properly authorized to be a dis- 
tributor of the said Stamp papers may receive them by applying 
to the Commander of liis Majestys Sloop of War the Diligence now 
riding at the port of Brunswick and giving his receipt for the same. 

Given under my hand the Great Seal of &c. at Brunswick 6"" Jan^ 
1766 &c. 

His Excellency was pleased to mention to this Board that the 
late Chief Justice Charles Berry Esquire was deceased, and that 
he approved of James Hasell Esq"" as a proper person to succeed 
said late C!harles Berry Esq' as Chief Justice of this Province — To 
which this Board unanimously agree 



COLONIAL RECORDS. . 168a 



[Reprinted from North Carolina Gazette, 13 February, 1766.] 

(February 12. 1766.) the Numb. 70.) 

NOR TH- CAROLINA GA ZETTE. 



Wihuington ; Printed by Andrew Steuart. 



Wilmington February 12. 
The Printer hereof cannot help observing to the Publick, that he 
is at present in a very disagreeable situation. At the earnest desire, 
or rather stern command of the people, he has endeavored with great 
difficulty, to carry on a News-Paper, well knowing, that that Prov- 
ince that is deprived of the liberty of the Press, is deprived of one of 
the darling Privileges, which they, as Englishmen, boast of. The 
Consequence has been, that, for publishing a letter from a gentleman 
at Tar borough, (who no doubt tho't that he was as much entitled to 
the liberty of the Press, and making his sentiments thereby known 
to the Public, as any other man) he has been threatened with a 
Horse whipping; — and doubtless he would have run some such 
hazard, had he refused inserting that very letter — What part is he 
now to act ? — Continue to keep his Press open and free, and be in 
danger of corporal punishment, or bloque it up and run the risk of 
having his brains knocked out? Sad alternative. — One thing he 
has long ago resolved on, viz: That as he looks upon himself to be 
a free-born subject, no man shall ever horse whip him, if it is in his 
power to prevent it; and whenever any such threats are made 
towards him, he'll take care to be on his guard. 

Cross Creek, January 30"" 1766. 
W Printer, 

I am a Trader and Settler here, and have now by me several com- 
modities, some of which I want to shijJ and some to dispose of I 
sent some things lately down to Wilmington for both purposes, but 
could neither ship, or sell for money; and indeed I find Cape Fear 
the only Port in all America shut up ; for I am informed, all the 
other Ports in this very Province are open, and Trade and Com- 
merce carried on as usual ; and what very greatly surprizes me is. 



1686 COLONIAL RECORDS. 



that three ^^essels are now seized on by the Men of War, and many 
others coming in have gone off again, for fear of sharing the same 
fate ; the Courts of Justice shut up, and a total stagnation of busi- 
ness ; and all this without the least notice being taken thereof, which 
surprizes me beyond measure. — Where now is your late boasted 
Courage and resolution ? Have the Wilmingtonians, Brunswickers 
and New-Hanoverians lost their senses and their souls, and are thej' 

determined tamely to submit to slavery? 0! horrid dreadful 

thought! But say some among you, we are waiting for the 

K_-g's At--y's Fiat, M'hether we are to be free men or slaves; and 
whether the Port and Courts shall be open. Rouze for shame, act 
the man, open your Port and Courts, arrest the men who have made 
illegal seizures, and been the means of detaining those Vessels, and 
put them under pain of military discipline, if they dare to seize any 
more. Delays are dangerous; there is no time to lose; perhaps in a 
short time it will be too late, for your tamely submitting to what 
has past, appears to be a tacit submission in part, to the Act: Be 
not deceived with the laconic advice of some, who perhaps want 
popularity, Commissions, Custom, or have some other sinister views]; 
tis Liberty calls you, dear Liberty ! Be therefore unanimous and 
put on a firm resolution without loss of time, to protect and defend 
to the utmost of your power, your Liberties and Properties from all 
Invaders and Opposers ; and at the same time preserve inviolably 
your Faith and Allegiance to the best of Kings. 

PHILANTHROPOS. 

Yesterday (the 11* of February) being the day appointed by His 
Maje.sty's Writs for the electing of Representatives to sit in the 
ensuing Assembly, John Ashe and James Moore, Esquires, were 
chosen unanimously for the County of New-Hanover, and Cornelius 
Harnett Esquire for the Borough of Wilmington. A list of the New 
Assembly shall be published as soon as the Writs are returned. 

No Vessels have come into our River for these two weeks past, 
nor do we expect that any will venture in, except European Ves- 
sells, and those from such Islands as have taken the Stamps. 

The Ports of Ocracock,' Beaufort, Cape Look Out, &c are the only 
Asylum that the Vessells bound to this Port have. 



COLONIAL RECORDS. 168c 



[From the North Carolina Gazette, 26 February, 1766.] 

(February 26, 1766.) the * (Numb. 72.) 

NfjRTH CAROLINA GAZETTE. 



Wilmington ; Printed by Andrew Steuart. 



WiLMiNC4TON February 26"" 
Notwithstanding what passed, relative to the Attorney General's 
opinion on the seizure of the Sloops, by Captain Lobb, for want of 
stamped Clearances, as mentioned in our last ; the inhabitants remain 
greatly dissatisfied, more particularly at M' Attorney's answer to 
the S"" Quere, where he says, " If Prosecutions are intended against 
these Vessells, they must be sent to Halifax, &c." And concluding 
in these words viz' " Upon the whole, it is my opinion, that it is the 
duty of the Collector to prosecute on the information he has 
received." 

In consequence of which opinion, the People from several of the 
Counties round, assembled at Wilmington, on Tuesday the 18'" of 
this instant, appointed Officers to take the Command, compelled 
them to act, and entered into the following Association, which was 
signed hy all the principal Gentlemen, Freeholders and other 
inhabitants of several Counties ; viz. 

North Carolina 

We the subscribers, free and natural born subjects of George the 
third, true and lawful King of Great Britain and all its Dei:ienden- 
cies (whom God preserve) whose sacred person, crown and dignitj', 
we are ready and willing, at the expiense of our lives and fortunes 
to defend, being fully convinced of the oppressive and arbitrary 
tendency of a late Act of Parliament, imposing Stamp duties on 
the inhabitants of this Province, and fundamentally subversive of 
the liberties and Charters of North America ; truly sensible of the 
inestimable blessings of a free Constitution, gloriously handed down 
to us by our brave Forefathers, detesting Rebellion, yet preferring 
death to slavery, Do, with all loyalty to our most gracious Sovereign, 
with all deference to the just Laws of our Country, and with a 



I68d COLONIAL RECORDS. 



proper, and necessary regard to ourselves and Posterity, hereby 
mutually and solemnly plight our faith and honour, that we will 
at any risque whatever, and whenever called upon, unite, and truly 
and faithfully assist 'each other,' to the best of our Power, in pre- 
venting entirely the operation of the Stamp Act. 
Witness our hands this 18* day of Februarj' 17G6. 

On Wednesday the IS"" they proceeded to Brunswick where their 
numbers were soon increased to upwards of a thousand, and had 
intelligence of several hundreds more on their march to join them. 
On their arrival at Brunswick in order to remove all apprehensions 
on the part of His ExcelP^ the Governor, the following letter was 
delivered him, by two Gentlemen sent for that purpose, viz. 

Sir, 

The inhabitants dissatisfied with the particular restrictions laid 
on the Trade of this River, only, have determined to march to 
Brunswick, in hopes of obtaining in a peaceable manner, a redress of 
their grievances from the commanding Officer of His Majestj^'s 
ships, and have compelled us to conduct them. We therefore think 
it our duty to acquaint your Excellency, that we are fully deter- 
mined to protect from insult your person and property ; and that if it 
will be agreeable to your Excellency, a guard of gentlemen shall be 
immediately detached for that purpose. 

We have the honor to be, with the greatest respect. Sir, your 
Excellency's most obedient humble servants 

February 19'" 1766. 
To his Excellency Col: William Tryon, Governor and Commander 

in Chief of North Carolina. 

On Thursday the 20* a Conference was held with the Command- 
ing Officer of His Majesty's ships, and the Collector, and in the 
afternoon matters were happily accommodated, and a promise 
obtained, that the Port should for the future be freed from the par- 
ticular restrictions heretofore laid on it, at least until the arrival of 
the Surveyor General of the Customs, and that Vessels should be 
entered and cleared as usual. 

On Friday the 21", a Party of men was sent for the Collector, 
Naval Officer, and Comptroller of the Customs; the Collector and 



COLONIAL RECORDS. . lQ8e 



Naval Officer were brought, and information was received -that the 
Comptroller was at the Governor's; ui^on which a Gentleman was 
dispatched to demand his attendance, which he refused to comply 
with ; and the People being informed that he was detained by the 
Governor, a letter was then sent to request that his Excellency would 
be pleased to let him attend : They received for answer, that the 
Comptroller was employed by his Excellency on dispatches for His 
Majestj^'s service, and that any gentleman who had business with 
him, might see him at the Governor's house. 

A Party was then immediately dispatched to fetch him, and 
marched directly to the Governor's ; Thej^ halted near the house, bj^ 
order, and a gentleman was once more sent to the Comptroller, to 
desire he would not put the People to the disagreeable necessity of 
entering his Excellency's House, with a promise, that if he would 
coine out, no injury should be off'ered his person, which he at last 
complied with. The Party then joined the main Bod)^, and marched 
immediately into the Town, drew up in a large circle, placing the 
Custom-House Officers in the Center, where they all made oath, that 
they would not, directly or indirectly, by themselves, or any other 
person employed under them, sign or execute in their several and 
respective Offices, any stamped Papers, until the Stamp Act should 
be accepted by the Province. All the Clerks of the Courts, Law- 
yers &c present, were sworne to the same effect. The People then 
immediatelj- dispersed in order to repair to their several places of 
abode. 

It is well worthy of observation that few instances can be pro- 
duced, of such a number of men being together so long and behaving 
so well ; not the least noise or disturbance, nor any person seen dis- 
guised with liquor, during the whole time of their stay at Bruns- 
wick, neither was there an injur}- offered to any person, but the 
whole affair conducted with decency and spirit, worthy the imitation 
of all the sons of Liberty throughout the Continent. 

In consequence of matters being accommodated, with regard to 
opening the Port, the Sloops, Dobbs, Buby and Patience, under 
seizure for want of stamped Papers, were delivered up to the Masters, 
and Owners and arrived at this Town on Friday the 2P' instant. 

By a Vessel commanded by Captain Luin, arriving at Point Look- 
Out, in this Province, in nine days from New York, we have the 
following agreable account, which we hope will soon be confirmed ; 



168f . COLONIAL RECORDS. 



(that is to say) Captain Luin says. That before he left New York a 
Vessel was arrived here from Falmouth in England, who had sailed 
in company with the packet, bound for New York, but had out-sail'd 
her ; the Captain of which Vessel did assert, that that very packet 
had orders on board to the different Governors on the Continent to 

permit Trade, &c. to be carried on in the usual manner. N. B. 

As Capt. Luin came down New York Bay, he met the above-men- 
tioned packet going up. 

The following paragraph is from a Newbern Paper of the 14* of 
January. 

" Several gentlemen have arrived in Town this week from the 
northward, but bring no material advices: Nothing transpired from 
home with regard to the Stamp Act: Business goes on with them 
as usual ; and their fear of seizures by men of war is so small, that 
they under write the risque at Philadelphia for two and a half per 
cent, on any voyage, except to Cape Fear, that being the only spot 
on the Continent where seizures of that sort happen." 

The Wilmington Express sets off Thursday morning early ; and 
will continue to set off every other Thursday, for Charlestown in 

South-Carolina Letters, Messages &c. must be left at the printing 

Office before 8 o'clock Wednesday evening. 



COLONIAL RECORDS. 169 



[From Teyon's Letter Book.] 
ARMED RESISTANCE TO THE STAMP ACT. 

Letter from Governor Tryon with enclosures 

25'" February 17HH 
Sir [Secretary Cc^xway] 

As I wish to give you as particular a relation for his Majesty's 
information as I possibly can of an illegal Assembly of men in 
arms, assembled at Brunswick on the 19"" Inst. I have collected all the 
letters and correspondence that has come to my knowledge previous 
to the 19"' Inst, during the time the men remained in arms, as well 
as after they dispersed. 

In this letter I shall chiefly confine myself to the narration of the 
actions and conduct of the bodj' assembled, desiring leave to refer 
you to the letters as they occur in point of order, and time. 

The seizures Cap' Lobb made of the Dobhs and Patience sloops, (as 
b}' his letter to the Collector for taking the papers and the Attorney 
Generals opinion taken thereon) was an affair I did not interfere 
with ; In the first instance I never was applied to, and in the second, 
I thought it rested with Capt Lobb 

On the 16"" in the evening Mr Dry, the Collector, waited on me 
with a letter he received dated from Wilmington the 15"" February 
1766, and at the same time informed me he had sent the subscribers 
word he should wait on them the next day. I strongly recommended 
to him to put the papers belonging to the Patience sloop on board the 
Viper (those of the Dobbtt had some time before been given up to 
the owner on his delivering security for them) as I apprehended, I 
said, those very subscribers would compell him to give them up ; 
His answer was " They might take them from him but he would 
never give them up without Capt Lobbs order." The weather on 
the 17"" prevented Mr Dry from going to "Wilmington till the next 
day. 

The next intelligence I received was in the dusk of the evening of 
the 19"' soon after 6 "Clock by letter delivered me by Mr George 
Moore and Mr Cornelius Harnet bearing date the 19"' and signed 
" John Ashe, Thomas Lloyd, Alexander Lillington." My letter of 
the same night directed to the Commanding Officer either of the 



170 COLONIAL RECORDS. 



Viper or Diligence Sloops of War will explain the opinion I enter- 
tained of the offer made of a guard of gentlemen, and my declara- 
tion to the detachment I found surrounding my house. This letter 
my servant about three in the morning put on board the Diligence 
who lay moored opposite to my house at the distance of four or five 
hundred yards, and returned to me again in a short space of time 
with Capt Phipps letter in answer. Soon after I had put up the 
lights required Capt Phipps came himself on shore to me, the guards 
having quitted the posts they had taken round the house and on 
the beach; With a most generous warmth and zeal Capt Phipps 
offered me every service his ship or himself could afford. I a.ssured 
him the services I wished to receive from his Majesty'.s sloops con- 
sisted wholly in the protection of the Fort, That as Capt Dalrymple 
had but five men in garrison to defend eight eighteen pounders, 
eight nine pounders, and twenty three swivel guns all mounted and 
fit for service together with a cousiderable quantity of ammunition. 
I wrote an order to Capt Dalrymple " to obey all orders he might 
receive from the Commanding Officers either of the Viper or Diligence" 
sloops of war," and desired Capt Phipps would send it to the Fort- 
I made it so general because Capt Phipps told me neither of the 
Sloops had a pilot there on board, and it was uncertain .which ship 
could first get down to the Fort distant four leagues from where the 
ship then lay off Brunswick; Capt Phipps after a stay on shore of 
about ten minutes returned on board the Diligence. 

On the 20"' about 12 "Clock at noon Captain Lobb sent to desire I 
would meet him on board tlie Diligence, which request I immediately 
complied with, and at the same time the Collector Mr Dry came on 
board. There were then present, the Captains Lobb and Phipps. 
Mr M"Gwire Vice Judge of the Admiralty, the Collector and myself, 
Capt Lobb told me he had had a committee from the inhabitants in 
arms on board his ship, that they demanded possession of the sloops 
he had seized and that he was to give them his answer in the after- 
noon. Mr Dry the Collector informed me that his desk was broke 
open on the 19"" in the evening and the unstampt papers belonging 
to the Patience and Ruby sloops forcibly taken from him. He said 
he knew most of the persons that came into his house at that time 
but he did not see who broke open the desk and took out the papers. 
Capt Lobb seemed not satisfied with the legality of his seizure of 
the Ruby sloop (seized subsequent to the papers that were sent to the 
Attorney General for his opinion, on the Dobbs and Patience) and 



COLONIAL RECORDS. 171 



declared he would return her to the master or owner; but that he 
would insist on the papers belonging to the Patience being returned, 
which were taken from the Collectors desk, and that he would not 
give up the Sloop Patience, I approved of these resolutions, and 
desired that he would not in the conduct of this affair consider my 
family, myself, or my property, that I was greatly solicitous for the 
honor of government and his Majesty's interest in the present 
exigency, and particularly recommended to him the protectioif of 
Fort Johnston. I then returned on Shore. In the evening Capt 
Phipps waited on me from on board the Vi])er, and acquainted me 
that all was settled ; that Capt Lobb had given his consent for the 
owners to take possession of the Sloops Euby and Patience, as the 
copy of Capt Lobbs orders for that purpose will declare. 

The report was not consistent with the determination I concluded 
Capt Lobb left the Diligence in, when I met him according to his 
appointment but a few hours before. 

To be regular in point of time, I must now speak of some further 
conduct of the inhabitants in arms, who were continually coming 
into Brunswick from different counties. This same evening of the 
20"" Inst Mr Pennington, his Majesty's Comptroller came to let me 
know there had been a search after him, and as he guessed they 
wanted him to do some act that would be inconsistent with the 
duty of his office, he came to acquaint me with this enquiry and 
search. I told him I had a bed at his service, and desired he would 
remain with me. The next morning the 21" about eight o'clock I 
saw Mr Pennington going from my house with Col° James Moore, I 
called him back, and as Col° Moore returned with him, I desired to 
know if he had any business with Mr Pennington. He said the 
gentlemen assembled wanted to speak with him, I desired Col° 
Moore would inform the gentlemen Mr Pennington, his Majesty's 
Comptroller, I had occasion to employ on dispatches for his Maj- 
esty's service, therefore could not part with him Col° Moore then 
went away and in five minutes afterwards I found the avenues to 
my house again shut up by different parties of armed men. Soon 
after the following note was sent and the answer annexed returned 

" Sir, 

The Gentlemen assembled for the redress of grievances desirous 
of seeing Mr Pennington to speak with him sent Col° Moore to desire 
his attendance, and understand that he was stayed by your Excel- 



172 COLONIAL RECORDS. 



lency, they therefore request that j'our Excellency will be pleased to 
let him attend, otherwise it will not be in the power of the Directors 
ap23ointed,to prevent the ill consequences that may attend a refusal. 
They don't intend the least injury to Mr. Pennington." 

Friday the 21" February 1766 
To His Excellency 

The Answer 

" Mr Pennington being employed by his Excellency on dispatches 
for his Majesty's service, any gentleman that lias business with him 
may see him at the Governors house." 

21" February 1766. 

It was about 10 o'clock when I ohserved a body of men in arms 
from four to five hundred move towards the house, A detachment 
of sixty men came down the avenue, and the main body drew up in 
front in sight and within three hundred yards of the house. Mr 
Harnett a representative in the Assembly for Wilmington, came at 
the head of the detachment and sent a message to speak with Mr 
Pennington. When he came into the house he told Mr Pennington 
"the gentlemen wanted him. I answered, " Mr Pennington came into 
my house for refuge, he was a Crown Officer, and as such I would 
give him all the protection, my roof, and the dignity of the cliaracter 
I held in this Province, could afford him." Mr Harnett hoped I 
would let him go, as the people were determined to take him out of 
the house if he should be longer detained ; an insult he said they 
wished to avoid offering to me: An insult I replyed that would not 
tend to any great consequence, after they had already offered every 
insult they could offer, by investing my house, and making me in 
effect a prisoner before any grievance, or oppression had been first 
represented to me. Mr Pennington grew very uneasy, said he would 
choose to go to the gentlemen ; I again repeated my offers of protec- 
tion, if he chose to stay. He declared, and desired I would remem- 
ber that whatever oaths might be imposed on him, he should con- 
sider them as acts of compulsion and not of free will ; and further 
added, that he would rather resign liis office, than do any act con- 
trar}^ to his dut}^ If that was his determination, I told him he had 
better resign befoi'e he left me: Mr Harnett interposed, with saying 
he hoped he would not do that: I enforced the recommendation for 
resignation. He consented, paper was brought and his resignation 
executed and received. I then said, Mr Pennington, now Sir, you may 



COLONIAL RECORDS. 173 



go ; Mr Harnett went out with him ; the detachment retired to the 
town. Mr Pennington afterwards informed me, they got him in the 
midst of them when Mr Ward, master of the Patience asked him to 
enter his sloop. Mr Pennington assured him he could not, as he 
had resigned his otficc. He was afterwards obliged to take an oath 
that he would never issue any stamped paper in this province. The 
above oath the Collector informed me he was obliged to take, as were 
all the clerks of the County Courts, and other public officers ; 

The inhabitants having redressed after the manner described their 
grievances complained of, left the town of Brunswick about 1 o'clock 
on the 21". In the evening I went on board the Viper and acquainted 
Cap' Lobb I apprehended the conditions he had determined to abide 
by when I left the Dilir/ence, were different to the concessions he had 
made to the committee appointed for the redress of grievances: 
That I left the Diligence in the full persuasion he was to demand a 
restitution of the papers or clearances of the Patience sloop, and not 
to give up the possession of that vessel ; That I found he had given 
up the sloop Patience, and himself not in possession of the papers. 
He answered, " As to the papers, he had attested copies of them, and 
as to the sloop, he had done no more than what he had offered before 
this disturbance happened at Brunswick." I could not help owning 
I thought the detaining the Patience became a point that concerned 
the honor of government and that I found my situation very 
unpleasant, as most of the people by going up to Wilmington in the 
sloops wou^tl remain satisfied and report thro' the province, they had 
obtained every jjoint they came to redress, while at the same time I 
had the mortification to be informed his Majesty's ordnance at Fort 
Johnston was spiked: This is the substance of what passed on 
board the Viper. On the 22'' Capt Phipps accompanied me to Fort 
Johnston, where I found Capt Dahymple sick in bed, two men only 
in garrison, and all the cannon that were mounted, spiked with nails 
I gave orders for the nails to be immediately drilled out which will 
be executed without prejudice to the pieces. I returned to Bruns- 
wick in the evening and the next morning sent my letter bearing 
date 23" to Capt Lobb to desire his reasons for spiking the cannon 
&c. He returned me his motives for this conduct by letter the 24"" 
inst. 

Capt Lobbs complaint relative to the provisions for his Majesty's 
sloops being stopt at Wilmington with the contractor's certificate of 
the manner of this restraint and my letter to the Mayor of Wil- 



174 COLONIAL RECORDS. 



mington to require his assistance in furnishing the provision 
demanded, will be fully I hope understood by that correspondence 

By the best accounts I have received the number of this insurrec- 
tion amounted to 580 men in arms, and upwards of 100 unarmed. 
The Mayor and Corporation of Wilmington and most all of the gen- 
tlemen and planters of the counties of Brunswick, Newhanover, 
Duplin, and Bladen with some masters of vessels, composed this 
corps. I am informed and believe the majority of this association 
were either compelled into this service, or were ignorant what their 
grievances were. I except the principals. I have inclosed a copy 
of the association formed to oppose the Stamp.- Act 

Thus, Sir, I have endeavoured to lay before you the first springs 
of this disturbance as well as the particular conduct of the parties 
concerned in it and I have done this as much as I possil^ly could, 
without prejudice or passion, favor or affection 

I should be extreamly glad if you, Sir, could honor me with his 
Majesty's commands in the present exigency of affairs in this colony 
and in tlie meantime will study to conduct myself with the assist- 
ance of his Majesty's Council in such manner as will best secure the 
safet}' and honor of government and the peace of the inhabitants of 
this province. 

I am. Sir, with all possible respect and esteem. 



Copies of Letters and jtapers referred to in the preceding letter 

[Copy.] 

]'i-per, Cape Fear, 14"' January 1766 
Sir, 

As the Sloops Dobhs and Patience not having their clearances on 
stampt paper according to Act of Parliament I have detained them 
and herewith you will receive the papers in order to their being 
prosecuted in the Court of Admiralty as I am directed by the Com- 
missioners of the Customs, 

I am, Sir, 

Your humble servant 

JACOB LOBB. 
William Dry Esci. 



COLONIAL RECORDS. 175 



Custom House Port Brunswick 

16'" January 1766. 
D' Sir, 

By instruction from the Surveyor General, I am ordered in case 
any of the Men of War should make any seizures to receive the 
cause of seizure and her papers from them and to transmit them to 
.you for your opinion which I am to Ije ruled by whether I am to 
prosecute or not. 

This therefore serves to inclose j^ou the papers of two vessels, one 
from Philadelphia the other from St Christophers which Cajit Lobb 
hath seized for not having stampt papers as you'll see b}- his letter 
to me here inclosed. The papers are in separate packets, the one 
parcell are copies of the originals and the others are the original 
papers which Mr Quince desired I might send as belonging to his 
A'^essel ; All which I must entreat the favor of you to look over and 
to return me your opinion by this express which I send on purpose 
I beg the messenger may be dispatched 

I am — D"' Sir &c 

^y"' DRY 

Robert -Jones Jun' Esq. 

[''opy] 

OccAXECHY o"" February 1766 
D' Sir, 

I received yours of the 16"' ult° p' your messenger, and have 
perused the paj^ers sent therewith, from whence I have made a state 
of the case 3'ou desire to be advised about, as it occurs to me, and 
subjoined to it my opinion in full, both which you will receive 
inclosed. As matters are circumstanced I think you ought to pro- 
ceed in prosecuting both vessels, lest your neglect, should be deemed 
a connivance at the opposition made to the Stamp Act, which is an 
affair of the Crown and probably may be thought worthy of censure. 

Pray let Mr Quince have a sight of the Case and my opinion, as 
by my letter to him I have referred him to you for that purpose. 



176 COLONIAL RECORDS. 



I was from home when your messenger came and did not return 
till last night which occasioned his tarrying I am, &c 

" ROBERT JONES Junr 

P. S. The Act does not require tliat Registers should be on 
Stampt paper 

To the Honble William Dry, Esq. 

[Copy.] 

State of the case relative to the Sloops Dohba and Patience, lately 
arrived in Cape Fear river, the one from Philadelphia, the other 
from St Christophers. 

It is supposed that no Stampt Paper could be procured by the 
officers of the Customs in the ports from whence the said vessels 
sailed, therefore the Captains obtained clearances, certificates &c on 
common paper and proceeded to Cape Fear where they are seized by 
Capt Lobb, Commander of his Majesty's Sloop, Mper who makes 
information to the Collector of the Port, requiring him to com- 
mence prosecutions against them. 

Quere, 1. Is failing to obtain Clearances &c on stamped paper a 
proper cause for seizing the said vessels and to be. considered as a 
neglect of the duties required by the Acts of Trade sufficient to 
induce a Court of Admiralty to decree vessels and cargofes forfeited ? 

2. Upon proof being made that it was impossible to obtain Clear- 
ances &c on Stampt Paper of the officers of the customs in the ports 
from whence Ihe said vessels sailed, will it not be a sufficient 
cause to induce the Court to decree in favor of the owner of the said 
vessels? 

3. If it is necessary to prosecute on Capt Lobbs information, must 
the prosecution be commenced in the Court of Admiralty at Cape 
Fear, or must the said vessels be sent to Halifax in order to be 
libelled? 

In answer to the first question — The Clearance &c being on 
common paper it is the same as if these vessels had sailed without 
clearances, and of course they are liable to be seized, and I think 
condemned by a Court of Admiralty with their cargoes. 

2°'' Reason does not require impossibilities and Courts of Admi- 
ralty often decree favorably on the part of the owners of the vessels and 



COLONIAL RECORDS. ' 177 



cargoes where it does not appear that any fraud was intended to the 
Crown; especially where all has been done that it was in the power 
of the Captains and owners of vessels to do ; but the Captains of 
these vessels seem to me to have been guilty of great neglect. 
They should have tendered the Kings duties to the officers of the 
customs and demanded proper clearances &c and on being refused 
they should have made the like tender to a Notary Public and 
offered a protest. Had these matters been complied with so as to 
be duly proved on a trial, I should think the Judge would decree 
that the vessels and cargoes were not forfeited. 

3. If i^rosecutions are intended against these vessels, they must be 
sent to Halifax, for should they be libelled here, and the proceed- 
ings carried on upon common paper, such proceedings will be mere 
nullities and not alter the property either of the vessels or cargoes. 
As to the provision in the Stamp Act that penalties should be sued 
for where offences against that Act are committed, that must be _ 
understood of pecuniary penalties specified iu the said Act, and can 
have no relation to matters mentioned in the above case. Upon the 
whole it is my opinion that it is the duty of Collector to prosecute on 
the information received. 

ROBERT JONES Jun' 

Copy of a Letter Signed by the Undermentioned Persons to Will- 
iam Dry Esq" Dated Wilmington Saturday Afternoon 15"" Feb- 
ruary 1766. 

SlE, 

This day was received the Copy of the Attornej" Generals answer 
to the Queries and of his Letter relative to the A'essels seized by Cap- 
tain Lobb 

There were many of the Country Gentlemen in Town this Morn- 
ing who are since gone away very much dissatisfied on the Matter; 
and it is certain that in a few days the News will spread through 
several of the Counties ; We are api»rehensive of the very 111 Conse- 
quences that will attend this affair should you suffer these A'essels 
or the Papers belonging to them to be carried out of the River. If 
the People of the Country come down in a Body which we are 
informed they are determined to do. We leave you to judge how far 
our Properties or j'ours may be secure. 

We mention these matters to you as Friends to Our Country Our- 
VOL. VII — 12 



178 



COLONIAL RECORDS. 



selves and you, and leave you to determine in what manner you 
ought to act on this interesting Occasion 

We are Sir your most Obedient Servants 



HUGH WADDELL 
JOHN MORTIMER 
HENRY TOOMER 
WILLIAM MOUATT 
J WILKINSON 
ALEX: ROSS 
W" GREGORY 
T^RANCIS DROMGOOLE 
J EUSTACE 
JN° ROBESO^ 
GEO PARKER 
JOHN QUINCE 
JAMES AVALKER 
A MACLAINE 
JN" FOSTER 
JOS: PENNELL 
GEO PALMER 
ARCH" CLAYTON 
ROBERT WALES 
ROBERT WALKER 



MOSES JN° DeROSSET 
CORNELIUS HARNETT 
JOHN LYON 
JOHN DUBOIS . 
FREDERICK GREGG 
ALEX DUNCAN 
W" CAMPBELL 
BENJ" STOWE 
JOHN GAY 
MARCUS FORD 
WILLIAM WADDELL 
DAVID JAMES 
MALALIAL HAMILTON, 
JAMES BLYTHE 
JOHN CAMPBELL 
WILL" PURVIANCE 
SAMUEL GREEN 
OBADIAH HOLT 
HERVEY YOUNG 
ANTHONY WARD 



Copy of a Letter delivered to Governor Tryon by George Moore and 

Cornelius Harnett Esq" February lO"" 1766 at 6 O'clock in the 

E-^ening. 
Sir, 

The Inhabitants dissatisfied with the particular Restrictions laid 
on the Trade of this River only, have determined to march to 
Brunswick in hopes of obtaining in a peaceable manner a redress of 
their Grievances from the Commanding Oihcer of His Majesty's 
Ships, and have compelled us to conduct them. We therefore think 
it our Duty to acquaint Your Excellency that we are fully determined 
to protect from Insult your Person and Property, and that if it will 
be agreeable to Your Excellency a Guard of Gentlemen shall be 
immediately detached for that purpose. 

We have the Honor to be &c 
JOHN ASHE 
THO LLOYD 

February ID'" 1766. ALEX: LILLINGTON. 



COLONIAL RECORDS. 179 



[Copy.] 

Brunswick le'" February 1766 
Sir, 

Between the Hours of Six and Seven O'clock this Evening M' 
George Moore and M' Corn' Harnett waited on me at my House, and 
dehvered to me a Letter signed by three Gentlemen : The Inclosed 
is the Copy from the Original. I told M' Moore & M' Harnett, that 
as I had no fears or Apprehensions for my person or property I 
wanted no Guard, therefore desired the Gentlemen might not come 
to give their Protection where it was not necessary or required. And 
that I would send the Gentlemen an Answer in Writing tomorrow 
morning. M^ Moore & M' Harnett miglat stay about five or Six 
Minutes in my House, Instantly after their leaving me I found my 
House surrounded with armed Men to the Number I estimate of 
One Hundred and fifty. I had some altercation with some of the 
Gentlemen wdio informed me their Business was to see Cap' Lobb ; 
whom they were informed was at my House. Caj)' Paine then 
desired me to give my Word and Honour whether Cap' Lobb was in 
my House or not, I positively refused to make any such Declaration, 
but as they had Force in their Hands, I said they might break open 
my Locks and force my Doors. This they declared they had no 
intention of doing. Just after this and other Discourse, they got 
Intelligence that Cap' Lobb was not in my House. The Majority of 
the ]\Ien in Arms then went towards the Town of Brunswick, and 
left a Number of Men to watch the Avenues of my House, therefore 
think it doubtfuU, If I can get this Letter safely conveyed. I esteem 
it my Duty to inform you as Fort Johnston has but one OfHcer, and 
Five Men in Garrison, the Fort will stand in need of all the assist- 
ance the Viper and Diligence Sloops can give the Commanding 
Officer there should any Insult be offered to His Majesty's Fort or 
Stores ; In which Case it is my Duty to request of j'ou to repel Force 
with Force; and to take on Board His Majesty's Sloops so much of 
His Majesty's Ordnance, Stores and Ammunition out of the said 
Fort as you shall think necessary, for the Benefit of the Service. 

I am Sir &c 

W° TRYON. 

To the Commanding Officer either of the ]lper or Diligence Sloops 
of War. 



180 COLONIAL RECORDS. 



Sir 

I have received Your Excellency's Favor and am much concerned 
at the Uneasiness this Accident will have given you & fear M" 
Tryons Health will be injured by this Alarm. I have been dis- 
appointed in two Attempts to see Your Excellency tonight one very 
early, t'other late. I had immediately upon hearing two Hundred 
Men were gone down sent Cieut: Calder with five Men and Spikes 
for the Guns if Cap' Dalrymple thought them necessary and to give 
them any other Assistance that was necessary. I believe they were 
down in time. I hope if this gets safe Your Excellency will let me 
know it by showing a light on each of the Middle Windows above 
Stairs, if I see that Signal I will inform Your Excellency of the Suc- 
cess of my Boat by haling down the Pennant at Sunrise or soon after. 
Cap' Lobb received a Deputation to desire he would come on Shore 
which he refused. 

Your Excellency's most &c 

C. T. PHIPPS 

To His Excellency Governor Tryon &c &c &c 

Brunswick the 23* February 1766. 
Sir 

I was yesterday with Cap' Phipps at Fort Johnston where I 
found twenty three Swivel Guns, Eight Eighteen Pounders and 
Eight Nine Pounders spiked. I demanded of Cap' Dalrymple 
the Commanding Officer his Authority for spiking the Cannon; He 
produced Your order, and said Lieut: Calder of the Diligence in 
Consequence of it spiked the above Cannon. As I understand 
Your Midshipman was yesterday disappointed in getting Copies of 
my Instruction to Cap' Dalrymple and Your Order to him, I insert 
them both. Vid' 

Sir 

" You will obey all Orders you may Receive either from the Com- 
"manding Officer of the Viper or Diligence Sloops of War. 

I am &c 

W" TRYON 
19'" Fel/ 1766 

To Cap' Dalrymple. 



COLONIAL RECORDS. 181 



20"' Feb^ 6 Oct. 
" I think it necessary at this time you will render the Guns at 
" Fort Johnston Unserviceable, as there is a number of Men which 
"intend to insult His Majesty's Ships now in this River 

I am &c 
JACOB LOBB. 
To Cap' Dalrymple. 

I must observe that the reason you give in this Order is totally 
Contrary to every Sentiment I entertained, as I hope my Letter Will 
Justify of the IQ"" delivered to You by Lieut: Calder directed to 
"the Commanding Officer either of the Viper or Diligence Sloops of 
"War," as well as my Conversation on board the Diligence on the 
20"", where you desired I would meet you. I never had a Suspicion 
that it was in the Power of the Persons Assembled in Arms to 
insult His Majesty's ships in this River. The Object of my Con- 
' sideration was the Protection of the Fort ; I therefore wish to receive 
from You the Reasons why you thought the Spiking of the Guns a 
necessary Step to prevent His Majesty's Ships from being insulted or 
what other Motives You had for Your Ordering the Guns to be 
spiked: This Request I make that I may be furnished with the 
Proper Causes for such a Proceeding in Order to Transmit them to 
His Majesty's Principal Secretar}' of State with my other Dispatches. 

I am Sir &c 

W" TRYON. 
To Cap' Lobb 

Commander of the Viper Sloop of AVar. 

SiK 

I received Your Excellency's Letter of the 23'* ins' desiring me to 
give Your Excellency my reasons for Ordering the Guns at Fort 
Johnston to be spiked. Pursuant to Your Excellency's Letter of the 
lO"" Ins' signifying to me that as Fort Johnston had but one Officer 
and five men in Garrison and of its standing in need of all the Assist- 
ance the Viper and Diligence could give the Commanding Officer 
there should any Insult be offered to His Majesty's Fort or Store and 
likewise Your Excellency's Request to Repel Force with Force, I, on 
an Information the same Evening from Lieut: Calder, Corroborated 
by that of several other Gentlemen, that a Party of Men con.sisting 
of three or four Hundred under the Command of Col" AVaddell were 



182 COLONIAL RECORDS. 



on their March to Fort Johnston in Order to take Possession of it, as 
there was no PossibiUty of getting the Ship down, being Night and 
no Pilots to be had, early enough to prevent their making their 
Quarters good, sent Lieutenant Calder in a Boat with Your Excel- 
lency's Order addrest to Cap' Dalrymple, commanding that He 
should comply with any Orders he should Receive from Myself or 
Cap' Phipps, with one from me to Render the Cannon Unserviceable 
by spiking them ujj to the end of facilitating our Repossession as 
soon as the Shijjs could Arrive before it. 

I am with Respect &c 

JACOB LOBB. 
Viper Sloop, Brunswick 24"" February 1766. 
To His Excellency Governor Tryon. 



An Association signed by the Principal Gentlemen, Freeholders and 

Inhabitants of several Counties in this Province. 
"North Carolina 

" We the Subscribers, Free and Natural-born Subjects of George 
the Third, true and Lawfull King of Great Britain and All its 
Dependencies, (whom God preserve) whose Sacred Person, Crown, 
and Dignity, We are ready and Willing, at the Expence of Our 
Lives and Fortunes to defend, being fully convinced of the Oppress- 
ive and Arbitrary Tendency of a late Act of Parliament, imposing 
Stamp Duties on the Inhabitants of this Province, and fundamen- 
tally subversive of the Liberties and Charters of North America; 
truly sensible of the inestimable Blessings of a free Constitution, glo- 
riously handed down to Us by Our Brave Fore Fathers, detesting 
Rebellion yet preferring Death to Slavery, Do with all Loyalty to 
Our most Gracious Sovereign, with All deference to the Ju.8t Laws 
of Our Country, and with a proper and necessary Regard to Our- 
selves and Posterity, hereby mutually and Solemnly plight Our 
Faith and Honour that We Will at any Risque whatever, and when- 
ever called upon. Unite, and truly and Faithfully Assist each other, 
to the best of Our Power, in Preventing entirely the Operation of 
the Stamp Act. 

Witness Our Hands this 18"" day of February 1766 



COLONIAL RECORDS. 183 



Viper Sloop Cape Fear Feb^ 20 1766 
Sir, 

Not thinking it proper to detain the Sloop Rnhii any longer, desire 
You will deliver her to the proper Master M' Homer for which this 
shall be a sufficient Warrant. I am Sir &c 

(Copy) JACOB LOBB. 

To William Dry Esq" 1 

Collector Port Brunswick j' Brunswick '21"' Feh^ 1766 

I acknowledge to have received from William Dry Esq" Collector 
of the Port of Brunswick the Sloop Ruby and her Cargoe, detained 
by him for want of Stampt Clearances and I hereby promise to 
release the said William Dry and Jacob Lobb Esq" who seized the 
said Sloop, all Damages and Costs occasioned by the Detainer of the 
said Sloop and her Cargoe. Except such as may have happened by 
the embezzlement or Loss of the Cargoe or Materials of the said 
Sloop or any part thereof. 

(Copy)' THOMAS HOMER 

Witness 

W" Waddell. 

^'IPER Sloop Cape Fear. Feb> 20* 1766 
Sir. 

As there are perishable Commodities on Board the Sloop Patience 
detained by me, you may if j^ou think it consistent Your Duty 
deliver up the same with the Vessel- and Cargoe upon taking suffi- 
cient security for them. 

(Copy) I am Sir &c 

JACOB LOBB. 

Brunswick 21'' Feb^ 1766. 
I Acknowledge to have Received from William Dry Esq'' Collector 
of the Port of Brunswick the Sloop Patience and her Cargoe 
detained by him for want of Stamped Clearances, and I hereby Prom- 
ise to release to the said William Dry and to Jacob Lobb Esq" who 
seized the said Sloop all Damages and Costs occasioned by detaining 
of the said Sloop and her Cargoe; Except such as may have hap- 
pened by the Embezzlement or Loss of the Cargoe, or INLaterials of 
the Said Sloop or anv part thereof 

(Copy) ' W" WARY). 

Witness 

W" Waddell. 



184 . COLONIAL RECORDS. 



Sir 

I beg leave to acquaint Your Excellency that by my Order on the 
5* Instant there was a Demand for Provisions given to the Con- 
tractors Agent M' William Dry, for the LTse of the Compliment of 
Men on board His Majesty's Sloop under my Command, which 
Demand is not complied with, and I find by a Certificate from M' 
Dry the Provisions were denied being brought to His Majesty's Sloop 
by the Inhabitants of Wilmington. I must beg leave to acquaint 
Your Excellency that there is no more bread on board than to serve 
the Sloops Companj' tomorrow, and do request Your Excellency's 
advice. Inclosed Your Excellency will receive a Copy -of M' Dry's 
Certificate. 

I am with Respect 

Your Excellency's &c 

JACOB LOBB. 
Vi2)er Sloop Cape Fear Feb' 22" 1766. 

To His Excellency Gov' Tryon. 

Copy of the Contractor Agent His Certificate 

These are to Certify that there was a Demand made to me by 
Captain Jacob Lobb of His Majesty's Sloop Viper for a Supply of 
Provisions for the said Sloop on the Fifth Instant, and that there 
was a Boat and Hands sent by me to Wilmington for the same, that 
the Men belonging to the Boat were taken up and put into Goal that 
the Inhabitants and People of the Province would not suffer any 
Provisions to be Shipt on board the Boat for the LTse of His Majesty's 
Sloop. WILLIAM DRY 

Dated at Brunswick. February 21" 1766. 

Sir 

In answer to your Letter I can onlj^ observe, that as you have 
thought it expedient to Redress the Grievances which were the pre- 
tended Cause of the Town of Wilmington withholding the necessary 
Provisions for His Majesty's Sloops; I should imagine the Contractors 
Agent wcLild meet with obstruction at present in olitaining the 
requisite supply. If the Provisions are not brought to the Viper to 
Morrow I desire you will inform me by a Line 

(Copy) I am Sir &c 

WILLIAM TRYON. 
Brunswick 22" Feb'' 1766 

To Cap' Lobb. 



COLONIAL RECORDS. 185 



I received your Excellency's Letter of the 22'' Instant signifying 
to me your Excellency's desire of being acquainted if the Provisions 
did not arrive the 23* and in return, beg leave to acquaint your 
Excellency they are not arrived. 

(Copy) I am &c 

JACOB LOBB. 
Viper Sloop Brunswick Feb>' 24"' 1766 
To His Excellency Governor Tryon. 

Sir 

As you acquaint me by your Letter of this Morning that the Pro- 
visions intended for His Majesty's Ships are not yet arrived, if you 
will direct the Contractor Agent to wait on me I will give him an 
Order to the Maj'or of Wilmington for his Asistance in furnishing 
them as soon as possible. 

(Copy) I am Sir &c 

WILLIAM TRYON 
Brunswick 24'" Feb' 1766 

To Cap' Jacob Lobb 

Brunswick the 24"" February 1766 
Mr Mayor, 

Capt Lobb having lodged a complaint with me dated the 22* inst 
that the Contractor's boat with provisions for the use of his Majesty's 
ships was detained at Wilmington and the boat men jjut into goal 
by the inhabitants of that Town, I desire to know the jsroper causes 
for such conduct that I may transmit them to hi« Majesty. The 
Viper sloop is at present without bread. I do therefore require your 
assistance that the Contractor may be furnished with the necessary 
provisions as soon as jjossible 

(Copy) I am Sir &c 

W" TRYON 
Moses John DeRosset, Esq. 

Wilmington 28"" February 1766 
Sir, 

Your Excellency's letter dated the 24"" inst came to my hands 
yesterday noon, and after consulting the Aldermen upon the con- 
tents of it I find Capt Lobb has been misinformed in regard to the 



186 COLONIAL RECORDS. 



contractor's boat with provisions for his Majesty's ship being stopt. 
I shall therefore take the liberty to relate to your Excellency the 
facts as they really happened. 

Upon the gentlemen of the town and country round having 
received information that Capt Lobb had seized several vessels com- 
ing into this river for .want of stamped papers notwithstanding their 
producing certificates from the several officers of the customs that 
no stamped papers were to be had at the port from whence they 
came, an agreement was entered into not to supply his Majesty's 
ships with any more provisions unless the particular restrictions on 
this Port were taken off, and in consequence of that agreement no 
person would supply the Contractor with any, so that your Excellency 
will find no provisions were on board the boat. As to the boatmen 
being put in goal it was done by the people who had collected them- 
selves together to procure a redress of their grievances, and to pre- 
vent their going down, and not only they but every other person 
going to Brunswick was stopped. 

Since the accommodation of matters with the Commanding Officers 
of the King's ships, your Excellency has no doubt been informed 
that a supply of provisions has been sent them, and your Excellency 
may be assured of the best endeavours of this Corporation to forward 
his ]\Iajesty's service. At the same time they can't help expressing 
their concern that your- Excellency should on every occasion, lay the 
whole blame of every transaction relative to the opposition made to 
the Stamp Act on this Borough when it is so well known the whole 
country has been equally concerned in it., 

I am further instructed by the Corporation to assure your Ex- 
cellency that his Majesty has not a sett of more loyal subjects in any 
part of his dominions than the inhabitants of this borough. 
I am with the greatest respect, Sir, &c 

MOSES JNO DeROSSET 



COLONIAL RECORDS. 187 



[From MS. Records in Office of the Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Brunswick the 26' day of February 1766 

Present 

His Excellency the Governor. 

{.John Rutherfurd William Dry ^ 

Lewis H. DeRosset and ■ Esquires 

John Sampson Benjamin Heron j 

His Excellency the Governor communicated to this Board his 
letter to the Right Honble Henry Seymore Conway Esq. One of 
His Majestys Principal Secretarys of State on the Subject of the 
late Disturbances at Brunswick upon the seizure of the Sloops by 
Capt Lobb of his Majestys Sloop Vqxr together with the Coppies of 
several Letters and messages relative thereto, the same was unani- 
mously ajjproved of — Ordered a proclamation issue ji re venting 
Insurrections and Tumultuous Assemblys &e. In the following 
words 

North- Carolina 

By His Excellency William Tryon Esquire 

M'^hereas a few days since a greflt number of Armed persons did 
tumultuously Assemble themselves together both at Wilmington 
and Brunswick to the Disturbances of the peace and good govern- 
ment of this Province, and in violation of the Laws of their Country 
by which they, have subjected themselves to the severest penalties 
incurred by the several Laws to prevent Riotous and Seditious 
meetings — I have therefore thought proper By and with the advice 
and consent of His Majestys Council to issue this Proclamation 
strictly charging and commanding all officers both civil and Mili- 
tary to exert their Authority in suppressing all such illegal 
proceedings, as the_y shall answer the Contrary at their Peril. 

Given under my hand and the Great Seal &c at Brunswick 26"' 
day of February 1766 &c 

W" TRYON. 

His Excellency laid before this Board a letter printed in the N. 
Carolina Gazette by Andrew Stewart His Majestys printer for this 



188 COLONIAL RECORDS. 



province, Dated Cross Creek, Jan'' 30 1766 containing such inflam- 
matory Expressions That His Excellency declared his intentions of 
suspending him. And accordingly delivered his Letter for that pur- 
pose to the Secretary. 

Then His Excellency proposed to this Board his desire of having 
the Assembly prorogued to a longer day, as he thinks it for the ben- 
efit of this province before they meet that he receive some instructions 
from His Majesty for his guidance in the present exigency of 
Affairs — To which this Board unanimously agreed. 

Ordered a Proclamation issue to the following purpose. 

By his ExcelF M^illiam Tryon Esq &c. 
A Proclamation 

Whereas the Assembly of this province stands prorogued to the 
22'' day of April next I have thought proper by and with the 
advice of His Majestys Council further to prorogue the said Assem- 
bly until the 30'" day of October 1766. 

Given under my hand &c. 

W" TRYON. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Honorable Henrj^ Seymore 

Conway Esq 
North Carolina Brunswick 3'' March 1766 
The dispatches I had the honor to direct to you of the 25"" of last 
month, I laid before his Majesty's Council as will be seen by the 
extract from the Council Journal. My pi-oclamation of the 26"" past 
I understand has given general satisfaction to the inhabitants con- 
cerned in the late disturbances from its moderation. As I had no 
power to redress their tumults, it was thought most expedient not to 
inflame grievances. The General Assembly I shall prorogue from 
time to time till I have the honor to receive his Majesty's further 
instructions. I find by the public papers that those Colonies who 
have held Assemblies in the present time have entered warmly into 
disputes relative to the Stamp Act, without doing any business for 
his Majesty's interest or the benefit of the Colonies. As I have there- 
fore as yet had no disputes with the General Assembly, I esteem it 



COLONIAL RECORDS. 189 



advisable to prevent as much as possible any breach in the Legisla- 
ture, as by this caution, I think I shall be best able to support the 
honor and dignity of government, till I can be informed of the reso- 
lutions taken by his Majesty and his Parliament, to terminate the 
present disturbances in these provinces. 

If it should ever be found necessary to send military force into 
this colony, the first week in October is the soonest they should 
arrive, if brought from a more northward country. Were they to 
land in the heat of the summer, this climate would be as fatal to 
them, as the climate of Pensacola has proved to the troops sent 
there. Capt Lobb has acquainted me he has received the 25"' past 
twenty two days provision from the Contractor. I have inclosed a 
copy of the Mayor of Wilmingtons letter in answer to mine put up 
with the dispatches, of the 25"" of February, directed to the Mayor. 
Captain Dalrymple has made his report to me that the cannon at 
Fort Johnston are almost all cleared of the spikes and that without 
any prejudice to the guns. 

Mr. Randolph, Surveyor General of his Majesty's customs who is 
now with me on his return from Charles Town has at my request 
reinstated Mr Pennington in his office of Comptroller for this Port. 
I must beg leave to mention Capt Phipps to you, Sir who takes 
charge of these dispatches and to refer you to him for any further 
particulars relative to the disturbances here, he having been present 
and intimately acquainted with every step that was taken. The 
spirit and zeal he has shewn while on this station for his Majesty's 
service and the honor of hi.s profession, does him great credit. 
I have the honor to be &c 



[From Tryon's Letter Book.] 

Letter trom Governor Tryon to Walter Stirling Esq, Commander &c 

Brunswick 3* March 1766. 
The favor of your letter of the 8"" November last was delivered to 
me by Capt Phipps of the Diligence man of war by whom you sent 
the Stampt papers for this province. I have been as unsuccessfuU 
as other governors in my recommendation of them to the inhabi- 
tants of this province. The late disturbances in this town occasioned 

« 



190 COLONIAL RECORDS. 



by the seizures Capt Lobb made of some sloops in this river has 
given me a good deal of trouble 

I am &c' 



[Fhom Tryon's Letter Book.J 

Letter from Governor Tryon to Honorable Francis Fauquier, Esq. 

Brunswick the 3" March 1766. 
The Stam2is for this province arrived in Cape Fear river in the 
Diligence man of .war the 27"" November last at the same time I 
received the favor of your letter of the 8"" of the same month, deliv- 
ered to me by Cap' Phipps. My endeavors to promote the circula- 
tion of the Stamps have proved unsuccessful!; the particular insults 
which have been offered to government by the inhabitants of this 
part of the province, I will leave to Col° Randolph to inform you of. 
I am very impatient to receive instructions from home for my 
guidance in the present exigency of affairs 

I am &c 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to General Gage Commander in Chief 

of all his Majesty's forces in North Carolina 

Brunswick 3^ March 1766 

I received agreeable to the favor of your intelligence of the IS"" 
June last a deal box with a commission from his Royal Highness 
the Duke of Cumberland to make a collection of seeds and plants 
of this province : This commission I have executed but have since 
had the mortification to see an account of his Royal Highness' 
death. The deposition you sent me of the particular circumstances 
of the murder of Madame DeNoyer's husband I have proclaimed 
under the seal of the province with a reward of twenty pounds for 
the apprehending and convicting of either of the murderers. 

The circulation of the Stamps have met with as general an obstruc- 
- tion in this province as in any on the continent. The particulars of 



COLONIAL RECORDS. 191 



the late disturbances in this town occasioned by the seizures by Cap* 
Lobb of his Majesty's sloop the Viper of some sloops which arrived 
with unstampt clearances and the insults offered to government on 
that occasion, I shall desire Cap' Hamilton to acquaint you with 
I have the honor to be &c. 



[From MS. Records in Office of the Secretary of State.] 

Letter from .John Dyle to Col' Edmon Faning 

Col' Edmon Faning whereas I have been acttive in publishing 
and Spreading a C'ertaiu piece of wrighting of a Scandelous & 
Defameing nature agains' thee, for the Doing of which I am rely 
sorry, and beg thy pardon ; and Since thee Commenc'' a Sute against 
me for it, I have been three times at or near thy house in order to 
make up with thee: but was prevented by thy being from home 
and had not bodily disorders prevented: I should have waited on 
thee at this time, in order to have give thee the best satisfaction I 
Could, but was taken very ill j'ester Day with a vomiting and 
purging and am yet very poorly now, therefore I have wrote to 
thee Earnestly beging thy forgiveness intending if God doth Inable 
me to behave better in the futer— giving under my hand this 
Seventeenth of march 1766 

JOHN DYLE 

present John Carter 



[From the Records' of Rowan Oountt.J 

22'* March 1766 
North Caeolina 

Sali-sbury, to Wit, 

At a Superior court of Justice held for the district of Salisbury at 
the Court House in Salisbury on the 22'' day of March in the 5'" 
year of the Reign of Our Sovereign Lord George the third &c, in 
the Year of our Lord 1766. 

The Hon — James Hasell Esq, produced a Commission from his 
Excellency William Tryon Esq, Governor & Commander in Chief 
in and over his Majesty's province of North Carolina thereb}' con 



192 COLONIAL RECORDS. 



stituting and appointing him the said James Hasell Chief Justice in 

& over our said province &c Dated the day of 1706. Which 

tlie said James Hasell Esq, qualified thereto according to Law, & 
took his seat of Justice, &c, 

Court adjourned until Monday Morning 2 oclock. 



Court met according to adjournment. 
Present. 

The Hon — James Hasell Esq, 

Edmund Fanning Esq produced a Commission from his Excel- 
lency William Tryon Esq, Governor &c thereby constituting and 
appointing him assistant Judge of the Superior Court of Ju.stice for 
the District of Salisbury to which Commission he qualified according 
to law, and thereby took his seat &c. 

This day Col Edmund Fanning upon receiving & being qualified 
to his Commission as assistant Justice for the district of Salisbury 
has resigned his office as attorney General of this Court, His Honor 
the Chief Justige was pleased to appoint Mr William Hooper Attor- 
ney of this Court, attorney General in the room of Edmund Fanning 
resigned, who qualified according to law &c. 

Court adjourned until tomorrow at 9 o'clock 



Court met according to adjournment. 

Present 
The Hon — James Hasell Esq C. J. and Edmund Planning Esq, 
A. J. 



[N. C. Letter Book S. P. G.] 

Mr Earl to the Secretary. Extract 

N. C. Edenton 26"" March 1766. 
Reverend Sir, 

Since my letter to you of the 20'1 October I have baptized in this 
Parish 38 White Infants and 1 Adult, and administered the sacra- 
ment of the Lords Supper to 30 communicants — I have made 
three journies to Berkly Parish, and preached to four large congre- 
gations there, and baptized 60 Infants and 3 Adults — I should be 
glad the Society should be pleased to send me some Tracts that may 



COLONIAL liEC,:ollDS. 193 



be effectual for the confutation of dissenters and Sceptics in general 
as that Parish abounds with such, especially those of the Quaker 
and Anabaptist kind ; and some proper kinds of tracts distributed 
among the Parishioners would I hope be very prevalent for Explo- 
ding their Heterodox and Sceptical Tenets as their prejudices dont 
permit thei'i to come to hear sermons preached by any orthodox 
minister. I am &c 

D. E. 



[B. P. R. O. Am: & W. IND : Vol: 269.] 

Letter from Secretary Conway to Governor Tryon 

S' J.\MEs's 31" March 1766. 
Sir 

Herewith I have the pleasure of transmitting to you Copies of two 
Acts of Parliament just passed the first for securing the Dependency 
of the Colonies on the Mother Country the second for the repeal of 
the Act of last Session granting certain Stamp Duties in America 
and I expect shortly to send you a third for the Indemnity of such 
persons as have incurred the Penalties imposed by the Act just 
repealed as such a Bill is now depending and has made a consider- 
able progress in the House of Commons. 

The Moderation the Forbearance the unexampled Lenitj' and 
Tenderness of Parliament towards the Colonies which are so sig- 
nally displayed in those Acts cannot but dispose the province com- 
mitted to your care to that return of chearful Obedience to the Laws 
and legislative Authority of G. Britain and to those sentiments of 
respectful gratitude to the Mother Country which are the natural 
and I trust will be the certain effect of so much grace and condecen- 
sion so remarkably manifested on the part of his Majesty and of the 
Parliament and the future happiness and prosperity of the Colonies 
will very much depend on the Testimonies they shall now give of 
these Dispositions 

For as a dutiful and affectionate return to such peculiar proofs of 
indulgence and affection may now at this great Cricis be a means of 
fixing the mutual Interest and Inclinations of G. Britain and her 
Colonies on the most firm and solid foundation so it cannot but 
appear visible that the least coldness or unthankfulness the least 
murmuring or dissatisfaction on any ground whatever or former 
VOL. VII — 13 



194 COLONIAL RECORDS. 



heat or too much prevaihng prejudice may fatallj' endanger that 
union and give the most severe and affecting blow to the future 
Interests of both Countries. 

You will think it scarce possible I imagine that the paternal care 
of his Majesty for his Colonies or the Lenity and Indulgence of the 
Parliament should go farther than I have already mentioned. Yet 
so full of true magnanimity are the Sentiments of both and so free 
from the smallest colour of passion or jjrejudice that they seem dis- 
posed not onlj^ to forget those most unjustifiable marks of an undu- 
tiful disposition too frequent in the late Transactions of the Colonies 
and which' for the honor of those Colonies it were to be wished had 
been more discountenanced and discouraged by those who had 
knowledge to conduct themselves otherwise. 

A Revision of the late American Trade Laws is going to be the 
immediate Object of Parliament Nor will the late Transactions 
there however provoking prevent I dare say the full operation of 
that kind and indulgent disposition prevailing both in his Majesty 
and his Parliament to give to the Trade and Interests of America 
every relief wliicli the true State of their circumstances demands or 
admits. 

Nothing will tend more effectually to every conciliating purpose 
and there is nothing therefore I have it in command more earnestly 
to require of you than that you should exert yourself in recom- 
mending it strongly to the Assembly that full and ample compensa- 
tion be made to those who from the madness of the people have 
suffered for their deference to Acts of the British Legislature and 
you will be particularly attentive that such persons be effectually 
secured from any farther insult And that as far as in you lies you 
will take care by your example and influence that they may be 
treated with that respect to their persons and that justice in regard 
to all their pretensions which their merits and their sufferings 
undoubtedly claim The resolutions of the House of Commons which 
by his Majesty's commands I transmit to you to be laid before the 
Asseaiibly will shew you the sense of that House on those points 
And I am persuaded it will as it certainly ought be the Glory of 
that Assembly to adopt and imitate those sentiments of the British 
Parliament founded on the clearest principles of humanity and 
justice. T must mention one circumstance in particular which ought 
to recommend those unhappy people whom the outrage of the popu- 
lace has driven from America to the affection of all that country 
which is that unprovoked by the injuries they had suffered to a for- 



COLONIAL RECORDS. 195 



getfulness of what they owed to Truth and their Country they gave 
their Testimonies with knowledge and without passion or prejudice 
and tlaose testimonies liad I believe great weiglit in persuading the 
repeal of the Stamp Act. 

Your Situation which has made you a Witness of the distraction 
of that Country will enable you to form the best judgment of the 
behaviour which your province ought to use upon this occasion and 
of the arguments which you ought to employ to enforce the necessity 
of such a behaviour as is suitable to their present circumstances 

I am &c* 
H. S. CONWAY. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to the Lords Commissioners of the 
Treasury 

Brunswick 5"" April 1766 

I was honored with your Lordships Commands on the 25"" of March 
last by the favor of M' Lownde's letter of the 14"" September 1765 
requiring me to give my assistance to the Distributor of the Stamps 
in the execution of his office. Some Stamps for this province 
arrived here from Virginia the 28"' of November last in the Diligence 
Sloop of War ; but as Mr Houston, Distributor of the Stamps, was 
obliged publickly to resign his office in the Court House of Wil- 
mington on the IG"" of the same month, a copj' of which I enclose, 
I desired Capt Phipps to keep the Stamps on board the Diligence. 
They were- lately removed into his Majesty's Sloop the Viper, Capt 
Lobb, Commander, the Diligence having sailed for England. My 
endeavors, my Lords, to promote the circulation of the Stamps in 
this province have been accompanied with my warmest zeal, as I 
flatter myself the letter I wrote on that subject to Mr Conway one of 
his Majesty's principal Secretaries of State will testif\^ The ill suc- 
cess that has attended this discharge of my duty, has given me 
real concern; since the riotous Assemblj- of men in Wilmington, 
and Brunswick on the 19"" 20"" and 21" of February last, there has 
been no disturbances in this province, the ports have never been 
shut and entries and clearances are made in the form that was 
practiced before the Stamp Act was appointed by Parliament to 



196 COLONIAL RECORDS. 



take effect ; I continue in my opinion that these Southern provinces 
will regulate their further obedience, and conduct, agreeable to the 
measures that are adopted by the more formidable Colonies to the 
northward 

I am, My Lords, &c 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Samuel Wyley, Esq, at Charles 

Town 

Brunswick 5'" April 1766 

The original of the inclosed copy of a letter from the Lords Com- 
missioners for Trade and* Plantations I received the ll"" March last, 
As this colony has provided no provincial funds applicable to the 
contingent services of government in general, I shall be under the 
necessity of applying to the General Assembly for the payment of 
the moiety of your charge, as recommended by their Lordships, I 
esteem it necessary you should furnish me with the particulars of 
your charges, the Journal of your survey together with the plan of 
the tract of land set out for the Catawba Indians in order that I 
may be able to lay them before the next General Assembly at 
the same time that I recommend the j^ayment of the moiety of 
your demand 

I am Sir &c 



[B. P. R. O. America & W. Indies. Vol. 269.] 

Letter from Governor Tryon to M' Stewart 

North Carolina Brunswick April 9"" 1766 

I am to acknowledge the favour of your letter of the 5"" of Feb- 
ruary, together with the result of a meeting held at Fort Prince 
George the 20'" October 1765. 

It was not in my power to send Commissioners to join M"' Came- 
ron in running the Line relative to this Province described in the 
Indian Agreement. I have received no instructions from home for 
running any Line from South to North Westward of this Province; 



COLONIAL RECORDS. 197 



and as this Colony has not provided a fund to answer the contingent 
services of Government in general, I could not take such a step with- 
out an Order from His Majesty, or the consent of the Legislature 
here. 

No complaints have been brought to me, .since my administration, 
of encroachments made by anj- Inhabitant of this Province oil the 
Cherokees Tract of Land survej^ed by M" Wylie, agreeable to the 
orders he received from the several Governors assembled at the Con- 
gress held at Augusta 1763. 

In virtue of some instructions I brought from England I sent home 
my sentiments of what I conceived would be a proper final boundary 
Line between North & South Carolina. 

If I could hope at any time to have the pleasure of your company 
at Brunswick, which would give me great satisfaction, I should be 
glad to converse with you on the above subject. 

It is as much my inclination as I esteem it my duty, to co-operate 
with you in every measure, that will tend to the Establishment of a 
solid peace between His Majesty's Subjects and the Indians. 

Accept my thanks for your compliment of congratulation and 
good wishes, and 

believe me to be, &c 

-yym TRYON. 



[B. P. R. O. No. Carolina. B. T. Vol. 15.] 

Letter to the Board of Trade 

Ad>ity Office 21" April 1766 
Having communicated to my Lords Commissioners of the Admi- 
ralty your Letter of the 21" October last, Telative to a Duel that was 
fought between Lieut. Whitehurst and M'' Simpson, two Officers of 
the Navy, in which the former was killed, I am to acquaint you, that 
the Navy Board haviirg been made acquainted therewith, in order 
to their taking such Notice of M' Simpson's behaviour as the nature 
of the Case required. They have reported, that after the 24"" June 
1765 (which is the date of Lieut. Governor Tryon's Letter upon this 
Subject,) M"' Simpson being recovered of the wounds he received in 
the Duel, voluntarily returned and surrender'd himself to the Gov- 
ernor, and in October following was tryed and acquitted of the 
charge. I am Sir &c 

PHL: STEPHENS. 



198 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 14. E. 96.] 

Letter from Dr Houston (Stamp Agent) to Governor Tryon 

SoRACTE 21'* April 1766 
May it please your Excellency 

Sir 

Before this comes to hand you will be partly informed of the 
Transactions at Wilmington on Tuesday the IS"" inst. 

I make bold to acquaint you of a part which is to be depended 
upon, that the Sons of Liberty never got into their hands 'Tis a 
letter from M' Brettel Secretary to the Commissioners dated from the 
Stamp Office Lincolns Inn London IS"" of September 1765. which 
is in my Possession what was took from me was the packet contain- 
ing my Commission and my Deputation Instructions with a Bond 
ready filled up to be executed before your Excellency. ' In Obedience 
to which I should liave done myself the honor to have waited on 
your Excellency and as affairs stand at present its impossible for 
me to comjjly by the Information the Letter gives; Those Ships are 
not yet arrived on Board of which the Stamps are for this Province 
under my care and when they arrive can I possibly take possession 
untill the people are convinced when that is I am ready on notice 
But for me who by the nature of my Commission am hated, abhor'd 
and detested. No friend to consult or assist, Even those that would 
or could have not courage to do, is a great Hardship and well may 
I say with Ovid '^ NuHus ad amissas ibit amicos opes" As on the other 
hand it doth take place I may prophesy the other verse " Donee eris 
multos Nu'inerabis Amicos" I beg and hope your Excellency will 
not expose this letter but after perusal commit it to the Flames. 
Necessity which makes me open my want of a Friendly advice I 
think M' John Moses De Rosset would not refuse your Excellency a 
Copy of a Bond, Instructions and Commission which is lodged in 
his hands I most humbly desire your Excellencys Pardon for writing 
to you in this manner my only hope is your Excellencys Generous 
and Humane Disposition for unfortunate Persons, of which I am 
one, being much cast down by the usage I have received that I 
hardly know what I do. 

Having Experienced the Mode of Base Persons in this Part of the 
World detaining of Letters and even destroying them makes me 



COLONIAL RECORDS. 199 



send this by my son William who is going to Philadelphia with a 
small venture of his Own 

I am with the greatest duty &c 

W" HOUSTON 

P. S. No Gilt Paper or I would have wrote upon it. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Secretary Conway 

Brunswick, 28"' April 1766. 

I had the honor to receive the duplicate only of your letter dated 
St James the 24"" October 1765 which came by way of A''irginia and 
was delivered to me the 25"' of last month. I have shewn it to the 
gentlemen of his Majesty's Council in this part of the province, and 
to such other per.'Jons as I thought would make a proper and 
prudent use of the contents. The inhabitants of this colony have 
made no disturbances since their assembling themselves in Arms at 
Brunswick in February last the particulars of which I had the 
honor to send you by Capt Phipps. 

Mr Hasell whom I appointed Chief .Justice, during pleasure, in 
the room of the late Chief Justice Berry, has conducted himself 
with great prudence, in the Circuit of the three Superior Courts of 
Justice he has lately held, Vid', at Halifax, Salisbury, and Wil- 
mington. He informed me he has done no business but Crown 
cases, and that he declined entering upon the causes on the Civil 
Dockets. He assured me of his determination to pursue the same 
conduct at the Superior Courts to be held at Newbern and Edenton 
in next month. He also assured me of the continuance of his best 
endeavors to recommend and support peace and good order in this 
government. His moderate and steady behaviour greatly recom- 
mended him to my esteem. I know of no person in the province 
at this juncture, so capable to conduct that office, with the same 
dignity and decorum as himself He found in his circuit the 
inhabitants in the back counties quiet, but not one advocate for the 
stamp duty and scarce any specie circulating among them. 

The several ports in this province continue open, and all vessels 
cleared out without stampt papers. The Stamps were removed on 
board the Viper Sloop noR' lying off Fort Johnston, on the Diligence 
sailing last month for England. I have suspended Mr Maur ce 



200 COLONIAL RECORDS. 



Moore from the Office of Assistant Judge for the district of Sahshury 
for his intemperate zeal and condvict in opposition to the Stamp 
Act. He is a leading man in this river, tho' he enjoj'^s no great 
share of popularity in other parts of this j^rovince. The com- 
mission of Assistant Judge I have given to Mr Edmund Fanning 
during pleasure. He is an active spirited young man, of good 
character and abilities in the law. The sentiments of the gen- 
erality of the inhabitants are that the Stamp Act will be repealed 
or suspended, and by what I can learn they seem inclined to be 
guided by the determination of the colonies to the northward and 
to adopt and pursue the same measures with them. 

I hope," Sir, in the delicacy of these times my conduct has uot 
greatly erred from the spirit and humanity of his Majesty's instruc- 
tions communicated to me in your letter. I shall pursue the 
measures I find most expedient as circumstances arise and shall 
esteem myself happy if I can persuade the inhabitants into a gen- 
erous confidence in the justice of the mother country and of his 
Majesty's benevolent attention towards all his people. 

I am with the most perfect esteem &c* 



[From Tryon's Letter Book.] 

Letter from Governor Try on to the Board of Trade 

Brunswick 30'" April 1766. 

The first of February was the date of the last letter I had the 
honor to send to your Lordships board. As the occurrences since 
that period in this province, have been of a turbulent and extraor- 
dinary nature, I sent the particulars of them to Mr Conway one of 
his Majesty's principal Secretaries of State. The inhabitants have 
remained quiet since they assembled themselves in arms at Bruns- 
wick in Februarj^ last upon the pretence of redressing grievances, 
on" account of some sloops, Capt Lobb of his Maje.sty's sloop the ]l2yer 
had seized. 

I have the satisfaction to inform your Lordshij^s, Mr James Hasell, 
whom I appointed Chief Justice in the room of Mr Berry deceased, 
has conducted himself with particular prudence and discretion in 
his attendance at the Superior Courts of Halifax, Salisbury and 
Wilmington, a Circuit of seven hundred miles. No causes but those 



COLONIAL RECORDS. 201 



of the Crown have been ' tried either in the superior or inferior 
Courts of Judicature since the first of November. , The causes upon 
the civil dockets are at present very numerous. The Chief Justice 
told me there were on the civil docket at Halifax Superior Court near 
one thousand suits depending-. Mr Hasell left me la!5t week, to pro- 
ceed to the Superior Courts of Newbern and Edenton to be held 
next month. His journey to those two Circuits including his return 
will be ujjwards of four hundred miles; this makes the Circuit of 
the five Superior Courts eleven hundred miles; and as these Courts 
are held twice a year each, an attendance on the whole would be 
two thousand two hundred miles annually. By an Act of Assemblj' 
an assistant Judge is appointed for the district of Salisbury (on 
account of the great distance it laj^s from the other Courts) with a 
salarj'^ of two hundred pounds Proclamation money per annum. 
This provision saves the Chief Justice six hundred miles in his cir- 
cuit, but in the present critical times, Mr Hasell was solicitous to be 
present himself at all the Courts : His appearance was necessary ; 
he preserved peace, and good order at the three first Courts, and I 
have no reason but to believe he will be able to do the same at New- 
bern and Edenton : His moderate and prudent conduct has recom- 
mended him much to my regard and esteem. 

I am to acquaint your Lordship I have suspended Mr Maurice 
Moore from the office of Assistant Judge for the district of Salisbury 
for his intemperate zeal and behaviour in his opjjosition to the Act 
of Parliament imposing Stamp duties in America. 

I have appointed Mr. Edmund Fanning Assistant Judge for the 
above district. He is an active spirited man, of good character, and 
ability in the law ; His commission is dated the 7"" of March last. 

Mr. Hasell informed me there was but very little specie circula- 
ting in the back counties: there is scarcely anj'^ in the maritime 
parts of the colony. 

Lumber a considerable staple in this port, exported to the West 
Indies is returned in sugars, rum and molasses, tar turpentine and 
pitch is purchased by Bills of Exchange or returned for goods 
imported ; and if a ship brings in dollars to purchase a cargo, (a cir- 
cumstance very uncommon) the merchant does not suffer it to circu- 
late in the province but either sends it to a foreign market, or remits 
it to Great Britain ; Of the lumber exported, plank and scantling 
are sawed in the mills, There are but few of these in the province, 
but what are on the creeks on tlie north east, and north west 



202 COLONIAL RECORDS. 



branches of Cape Fear River : On these creeks, there are fifty saw 
mills now in repair and more bnilding, each with two saws ; These 
mills will saw upon a medium two hundred thousand feet apiece 
per annum. I sent some pine plank that was sawed by hand (being 
of too great a length for the carriages of the mills, the carriages not 
exceeding thirty feet) to Mr. Hughes Commissioner of the dock yard 
at Portsmouth. The inclosed is his answer. I have heard nothing 
since on the subject. I enclose your Lordships the minutes of the 
Council since I have been in the administration of this government. 
The General Assembly I have prorogued to the 30* of October 
next; in Council this was thought the best expedient, as the country 
was not esteemed in a temper to do business in a manner that was 
likely either to be agreeable to his Majesty, or beneficial to the colony; > 
This prorogation will also give time for the information of the posi- 
tive and determined resolutions of the British Legislature, on the 
subject of the disturbances of the colonies ; If the inhabitants should 
be so weak, in the vain imagination of their strength as to make 
their case desperate two of his Majesty's sloops with their full compli- 
ment of men, and two tenders with 30 or 35 men in each woul(T be 
sufficient in my estimation to give law to the commercial interest of 
this government. The sloops to remain chiefly in Cape Fear river 
and the tenders to cruize from Ocacock ,Bar, thro' the sounds and 
up the rivers that lead to Bath, Newbern and Edenton. Two com- 
panies of regulars under - these circumstances might be thought 
requisite to secure his Majesty's stores and artillery at Fort Johnston ; 
I am of opinion that North Carolina station should not at any time 
be without one sloop and two tenders towards the protection of the 
commerce and the improvement of his majesty's revenues by curb- 
ing illicit trade The several ports in this province continue open 
and clearances are made out by his Majesty's officers of the customs 
without Stampt Papers. 

I have the honor to be &c. . 

P. y. — The original of the inclosed copy of a letter from Mr. 
Houston came to my hands after the foregoing dispatches were wrote 
It was the first authentic account I received of his commission being 
lodged in the hands of M' Moses De Rosset Mayor of Wilmington. 



COLONIAL KECORDS. 203 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to the Board of Trade. 

Brunswick the SO'" April 1766. 

I had the honor to receive since Governor Dobbs death the fol- 
lowing dispatches from your Lordships Board, Viz' 

A letter of Mr Pownall of the 7"" December 1764 with the order of 
his Majesty's Council of the 20'*' July 1764 inclosed, repealing an 
Act passed in this province in 1762, " Entitled an Act appointing 
the method of distributing Intestates estates." Also another letter 
from Mr Pownall of the same date with a " Copy of a minute made 
by the Treasury Board on the 28"' of November 1764 in relation to 
public expences which may be incurred by any Commander in 
Chief or Governor. " 

A Letter from your Lordships dated the 23'' August 1765 inform- 
ing me of your being appointed his Majesty's Commissioners to the 
Boai'd of Trade and Plantations 

Another letter of your Lordships dated the 2'' September 1764 
containing directions &c to his Majesty's Governors to reserve 
sufficient tracts of lands for the use of his Majestys forts 

Also another letter from your Lordships dated the 12"" September 
1765 with a copy of a letter inclosed from the Earl of Halifax to 
j'our Lordships board of the 20"' June 1765, relative to the demand 
made by Mr Wyley, for surveying the Catawba lands. 

I have wrote to Mr Wyley to desire he will send me the Journal 
and the particulars of his expences for the survey of the Catawba 
tract in order to lay them in his Majesty's name before the next 
General Assembly as there is no public fund appropriated and 
applicable to contingent services of this government in general. 

Fort Johnston is the only fort in this province. Fort Granville 
was never finished and what was done to it is now in ruins. Fort 
Dobbs in Rowan County is likewise neglected and in ruins, if this 
last fort had been kept up it could not have been of further service 
against the Indians as the inliabitants of this province have since 
the last war extended their settlements upwards of seventy miles to 
the westward of the fort. 

I am with all possible respect 



204 COLONIAL RECORDS. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Superintendent Stewart 

Brunswick the 5'" May 1766. 

I last Saturday received the favour of your Letter of the 22'"' & 
24* of April wdth his Majesty's Instructions to his Governors pub- 
lished in 1763. 

As my short residence in this Country and severe sickness has not_ 
given me an opportunit}^ of informing myself so perfectly as I wish 
to be of the Settlements to the Westward of this Province I cannot 
at present give M' Cameron Directions to survey the Line the Indians 
wish to have run as described in their Talk I can find Nobody that 
knows where Dewises Corner lies. 

I shall lay your Correspondence before his Majesty's Council so 
soon as I can receive some particular Informations I have sent for 
from the Back settlements I shall then be able to hope to answer sat- 
isfactorily the different subjects contained in your Letters. 

You give me pleasure in acquainting me I may have the pleasure 
of seeing you at Brunswick I wish to experience that satisfaction 
very soon I am Sir &c 

W" TRYON. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Benjamin Barons, Esq, 

Brunswick 3'' May 1766. 
I received your letter of the 6"" of last month. This contained 
the first information communicated to me of your proposals to the 
gentlemen at Wilmington. These gentlemen have paid so little 
attention to the conveniency I might receive from the express that 
the messenger has called but once at Brunswick for any dispatches 
I might have to send on his Majesty's service. The late conduct of 
the gentlemen at Wilmington affords me at present no reasonable 
hopes of succeeding in any recommendations I may lay before 
them. The whole of my subscription to the Wilmington Express 



COLONIAL RECORDS. 205 



amounts only to ^'lO proclam. money. If you can carry your 
proposition into execution : I will cheerfully subscribe fifty pounds 
this currency and also pay the full postage of my letters for an 
express from your office once a fortnight for four months certain 
from Brunswick to Charles Town; being thoroughly sensible of the 
great necessity and proprietj^ of such a channel for government 
correspondence. I hope I have not subjected myself to the penalty 
of any act of the British legislature or that my conduct will appear 
at home to have in any ways tended to imj^ede his Majesty's inten- 
tions of establishing a General Post thro' this continent untill you 
had opened the General Post office, and it could not be considered 
as open, before letters were conveyed by it. I should have been 
obliged occasionally to have hired an express to send my public 
letters to South Carolina, must I in this case have sent to Mr Barons 
for leave to send my dispatches to his Majesty's Packet for Charles- 
town? I in like manner considered the Wilmington messenger, as a 
temporary and beneficial expedient, and by no means calculated or 
intended to prejudice the General Post Office. The subscription 
will, from the principles of its formation, drop, the moment the 
General Post office is opened. Mr Palmer or any others con- 
cerned in carrying of letters thro' this province last summer 
are not entitled to any part of the £133. 6. 8. Proc. money 
voted in May 1765 by resolve of the Legislature, for the support 
of the General Post office. That Resolve stipulates the application 
of the above sum. to be under the direction of the Post Master 
General. Mr Palmer must depend on a special Resolve of the 
General Assembly for his reimbursement; As you inform me you 
expect soon to embark for England with your family, I shall con- 
tinue to trouble the Governor of South Carolina with my dispatches, 
but as they will as long as you stay in Charles Town pass thro' 
your office, I accept with thanks your offer, of care of them, also 
for those that may arrive for me. I wish you and family a safe 
passage home. I am &c 



206 COLONIAL RECORDS. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Governor Bull of South Carolina 

Brunswick 5'" May 1766 

I desire the favor of you to send the enclosed public dispatches by 
his Majesty's packet boat which M"' Barons informs me was expected 
into Charles Town last week 

We are quiet here at present No business is done in the Courts 
of judicature but Crown Causes. He must have a wicked heart 
indeed that does not wish to see a hapi)y issue to the distracted situ- 
ation of jjublic affairs on this Continent 

I am Sir with much regard ifec' 



[From Tryon's Letter Book. J 

Letter from Governor Tryon to the Board of Trade. 

Brunswick 6'" May 1766 
It is my duty to acquaint your Lordships that Col° Thomas Lloyd 
whom I recommended as a gentleman qualified to serve in his 
Majesty's Council was one of the leaders in the late illegal assemblys 
at Brunswick. I must however do him the justice to let your Lord- 
ships know he waited on me soon after, and acknowledged his 
remorse for having been drawn in to join with that assembly, and 
expressed his error with the decency of a man of spirit and of a 
gentleman. He did not apjsear with the men that invested my 
house, or could I find he in any ways promoted or approved of the 
impositions laid on the Officers of the Customs, by compelling them 
to take an oath not to receive the Stamps, 'till they are generally 
accejited, He is the only person that has made me any personal 
apology My sentiments towards him are generous however I must 
submit the propriety of his whole conduct to your Lordships 
I have the honor to be cfec' 



COLONIAL RECORDS. 207 



[B. p. R. O. A. & W. I. Vol. 269.] 

Extract of a letter from Ensign George Price dated at Fort Prince 

George 7'" May 17()6. 

My last was dated '27"" April, and I sent it by the way of Augusta, 
since that time every Trader's mouth, that I have seen from the 
Overhills has been filled with nothing but stories of the insolence of 
the Indians. 

George Parks and one Bowie arrived here the S'^ and 4"" and they 
both agree in their accounts that the great Warrior was near killing 
one M" Savage, a brother of John Savage Esq", at Ninety Six ; that 
the rogue Mankiller of Settles was prevented from killing another 
Person, that they met a party of Cherokees and Creeks as they were 
coming down, going to Chote, with a white man's scalp tied to a war 
club but that it was the opinion of everyone, that Boyd of Virginia, 
the gentleman mentioned in my last, passed by safe ; the Traders 
all of them seem to think the Cherokees would have murdered every 
nian of them at one time this spring, if the Norwards had not 
fallen on them when they did, & must inform you that the Chero- 
kees accuse us of having set them on. I wrote j-esterday to the 
great Warrior to come down, that if the Creeks intend doing any 
mischief, I may get it out of him, as I am told there are constantly 
Messengers going between him & the Mortar and that the Creeks are 
pouring very fast into this Nation. 



[B. P. R. O. A. & W. I. Vol. 269.] 

Fort Prince George 10* Mav 1706. 
Sir, 

Agreeable to your Instructions to me, I set out the 21st ultimo, to 
see the Cherokee boundary line surveyed, I was accompanied by the 
Prince of Chote, Jud's Friend, Tiptoe Emy and the AA'^olf, with 
thirty young men, and we arrived at Dewis's Corner on the 24* 
following. 

M' Wilkinson was appointed Commissioner by the Governor and 
Council, to .see the line run, and M' Pickens, the Surveyor, attended 
us. We begau the line at Dewis's Corner and proceeded southwest 
50 miles to Savannah River, the Indians blazed the Trees as we 
went, and made the Boundary very clear and strong as they term it. 

I could not learn that we took in any land, that had been sur- 
veved ]_)v anv white man before, but there is one Atkins, settled 



208 COLONIAL RECORDH. 



within four miles of the Line, near to Savannah. The distance from 
Dewis's Corner to the River (as near as we could make it) is 27 miles ; 
The course of the Line, from Dewis's Corner to Reedy River where 
the Line terminates, is N. E. 50 miles [?] and the distance 18 miles. 
About Saludy there are several houses within four miles of the Line, 
and &ne House within one mile of it. 

On the North Carolina side of Reedy River there are three or 
four families settled: and even if the Indian boundary be run a 
north course, these settlements will fall five or six miles above it. 

One William Turner on Saludy, below Ninety six, has settled a 
Cowpen and Plantation on the above Indian Lands, altho' he very 
well knew, that, M" Wilkinson by Governor Bull's order, removed a 
settlement off the same tract of Land last year. I have sent a warn- 
ing to remove without loss of time, otherwise I should take upon 
me to drive them off, & distribute part of their cattle among the 
Indians as a Tax belonging to them, &c. 

The Cherokees propose running the line from where it terminated 
a straight course, to Colonel Chiswell's Mines, which I believe will be 
north, as nigh as I could make it ; They say, that it must be very 
evident, that as they have given all their claims of Lands in Vir- 
ginia, below Chiswell's Mines, and in South Carolina, below Dewis's 
Corner, that a straight line, from Reedj'^ River to the Mines, must 
consequently cut off a great deal of their land in North Carolina; 
that part of their Hunting Ground lies 40 miles eastward of where 
they now nominate their boundary ; but they do not love disputing 
with the White People concerning a trifle, therefore they made them 
a present of it. 

It would be very. necessary that a Surveyor should first sir/lit the 
Line, from Reedy River a north course, in order to know where it 
will terminate in Virginia, and whether or not, it will take away 
any of the settlements. 

Your Express, George Redd, arrived at Dewis's Corner the 6* inst. 
as we returned from marking the Line; I read to the Indians what 
part of your Dispatches concerned them, for which they return you 
their thanks ; they likewise return you thanks, for your trouble and 
assiduity, in having their Boundary Line fixed, as they are very 
sensible, it is of great importance to them, they were however cha- 
grined, that Governor Bull had sent no presents, for the Lands they 
ceded to the Province of South Carolina; and more especially, as 
they were a poor People, & jarevented from Hunting, b}' the numer- 



COLONIAL RECORDS. 209 



ous parties of tlioir enemies, that lurk continually about them. 
Inclosed you hiive a Talk from the head beloved Man Kiffagusta 
dictated to him, by many men & warriors of his Nation. I inclose 
3'ou likewise, an in.strument, certifying their being present, as well 
as myself, at the surveying of the di\-ision Line of .South Carolina 
as alread\' mentioned. 

I have distributed most part of the Ammunition among the 
Indians, for their Defence, as well as tlie greatest part of the other 
presents you have sent them. 

I would be glad that you would renew the Indian Commissions 
which I conveyed to you, and send them, with the Medals, by 
the first opportunity, as they are at present much wanted to be 
given, as a memorial of our Friendship toward the Cherokees 
which the Creeks endeavour to depreciate, as much as possible. 
One dozen Medals is the least that is necessary for them, and if you 
think |)roper to be distributed as follows, to Ononnastotah, Kit- 
tagiista, AttaciiIlahcccUali, Willniniunili , Otassatch, of the OA'erhills; 
Moitoij, of the ^'alley ; the Mank'dler of Miccassie who now lives in 
little Ohoteh, to the southward of the Valley, Tiptoe, Emij, Saludy 
and the Wolf lower Towns, and Tugooloo. 

In my letter of the 2°'' of April, I informed you that Emy, or the 
old warrior of Estatoe, was ready to set out to war against the 
Norwards, with a party of Cherokees and twenty Creeks; upon 
their march on the frontier of North Cai'olina, they met two white 
Beaver Hunters, and it was with great diffiiculty Emy prevented 
the Creeks from Ratcheting them ; but after a .strong and long talk 
from him to the Creek Head Man (the Buck) he prevailed upon 
them to return the white men their Guns, which they had taken 
from them ; Emy told them that he would proceed no further with, 
them, as they determined to bring him into a scrape: and that he 
could not be present at shedding the blood of any of his Brothers 
the English ; he instantly returned home and the Creeks followed. 

M' Price and I shook hands with and thanked Emy, at a Public 
Meeting for his behaviour, and made him small presents ; I however 
explained to him that he did no more than his duty, for his own 
Interest, and the good of all his Nation. 

Tiptoe had j^retty good success in his exjiedition : he routed the 
enemy in two different engagements, he brought home 3 scalps, 
skulls and all, in tlie first skirmish, the ScxxJ of Sctiico was wounded, 
of which he died in six nights after; Tiptoe relates that when he 

VOL. VII 1-1 



210 COLONIAL RECORDS. 



received his wounds, he told them he should die in six nights and 
desired they would not think it troublesome to car;y him so long. 
On their arrival in Camp, after the sixth days march, the Seed told 
them he was now going to die, that he was a man and warrior, that 
he did not die like a woman, in bed, that he died in war, but, said 
he, you must not bury me under the ground, to be smothered, tye 
me uji with vines to a pretty Iiigh tree, where the enemy cannot 
find my scalp, but I can see them when they are going to war 
against you, and if I can do no more, I shall bring you intelligence 
thereof; One more of the party was killed & three wounded, one of 
which died since. 

The Cherokees were surprised in Camp, and most of them ran 
away; but upon Tiptoe's animating them b}'^ a strong and bold 
speech, throwing off all his cloaths, & Killing the Head Warrior on 
the first onset his party rallied and beat off the enemj'. 

M' Taylor writes me from over the Hills that the rogue Maukiller, 
and his Brother Trennilitah are employed as Ambassadors between 
the Mortar of the Creeks, and Onomastotah; and that the Mortar 
engages to reinforce the Cherokees with 700 on one days warning, 
provided they will go to ^^irginia and fall on the back settlements &c. 

The following is an extract of a letter from M"' Alexander Boyd 
of Virginia, to me, dated Tenassie 2" April 1766. 

" The Great Warrior & Attacullabiculla, want to see the Great 
King, and seem extremely desirous to embark from Virginia, and 
were they to solicit our Governor and Council for leave (as they seem 
inclined to do) they would undoubtedly obtain it, adding their 
Agents and your concurrence thereto; for there are none of the 
murderers, that killed a party of their People, yet apprehended, neither 
can they without imminent danger, for the whole body of Crackers, 
to a man, have unanimously declared, publickly, that thej' will 
espouse their cause at the expense of their lives, so that Proclama- 
tions and great rewards answer no purpose. And should these head 
men be allowed to take a voyage, the expence of conducting them 
to, and from England, would not exceed the premiums offered for 
bringing the other villains to justice. Our Colony is now about 
building and fixing a large store at the great Island on Houlston, 
for carrying on an extensive Trade and supplying them on the most 
reasonable terms possible ; and at their request to our Governor and 
Council, they design to make overtures of peace, to the northern 
Tribes, in their behalf; which, if they can eff'ect, great influence 



COLONIAL RECORDS. 211 



will be used with those living on the Ohio, to bring their commodi- 
ties also to this grand Magazine, and be suj^i^lied with clothing &c. 
All this is possible but I fear their views are too sanguine. 

" I have been interrogated by several of the Warriors, why the 
Governor and his beloved men, did not catch the rogues, and hang 
them that' killed their People; and indeed of late, rumours prevailed 
here of some of the disaffected having been busy sowing bad talks 
among them, and they are threatening revenge for their losses; 
therefore, your presence here is much wished for." 

We had accounts some time ago that M" Boyd was killed, going 
into ^^irginia, but I am glad to understand that our information was 
groundless. 

Numerous are tlie fearful & dreadful stories, the Traders report of 
the Cherokees, and the continual attempts of the Creeks upon 
them, to alienate their minds from us, and sow the seed of con- 
tention among us, if possible, but I am not afraid of settling every- 
thing in its proper channel, & making all straight. 

I must observe to j^ou, that should the great Warrior and Atta- 
cuUahculla be allowed to go to England from ^^irginia, and pay 
his passage backward and forward, it would never be a sufficient 
acknowledgement to the relations of the Indians that had been 
murdered, but if the perpetrators of the murder cannot by any 
means be brought to justice, then they must send large presents for 
the Relations of the murdered and endeavour to make up matters 
that way; I am informed the whole Body of them intend to pay 
me a visit on my arrival as I had been all along promising them 
:satisfaction, I am upon my word affraid of them, Ijut I hope to be 
able to waive the affair still longer. 

I think Sir, it lies with you, to send home the great Warrior, and 
little Carpenter, as it would be of the greatest service to the Public, 
I do not in the least doubt but they will be sent home from ^"ir- 
ginia, (unless you will suppress them) as I am convinced the 
Carpenter will leave no stone unturned to effect it. 

In an engagement between the Northwards and the Hunting 
Party of Cherokees down the Tenassie, four of the former were 
killed, and three of the latter, and several wounded on both sides; 
the Cherokees threw themselves into a Block House (made by the 
Carpenter last AVinter for his own defence) which prevented their 
being mostly cut off, as the enemy were much superior in number. 



212 COLONIAL RECORDS. 



A few clays after, a Norward Indian came close to the Island Town 
and snapt his gun three times at a Cherokee Indian that was cutting 
of wood, the former ran up to the Cherokee with his Tomahawk and 
made a stroke at him which the latter partly parried, they gi-asj^ed 
each other but the Norward oversett his antagonist, upon which the 
Cherokee called out, and a wench, that was nigh to them, ran to her 
friend's assistance oversett the Norward in his turn, tied him neck and 
heels and brought him in. His trial sooii came on and Attacullahculla 
who was Chief Justice, ordered him to be burnt after cutting off 
some of his Members, which orders were soon executed, the fellow 
behaved with great undauntedness, and smiled at his torture. 

On the 21" ult. Old Welsh, daughter (whom M' Wilkinson keeps) 
& grand child were going to Tugooloo, and were met by six Nor- 
ward Indians; Welsh had Iiis grandchild in his arms, and his 
daughter coming behind he shook hands with the Indians, & asked 
what Countrj', but he finding them seizing of him, and making up 
to his daughter, knew they were enemy, and called to her to make 
her escape: upon which, she turned her horse about and gave him 
the whip, the enemy flung two spears at her, and wounded her in the 
side, and arm ; Welch, and Wilkinson's child, were both killed, and 
their brains knocked out with a war club, which was left b;y' them 
with shame signs upon it ; No Trader will venture into this Nation, 
if the enemy are permitted to kill white People, as well as red. 

M' Wilkinson notwithstanding his good economy, expended to the 
amount of £600 currency in making small presents to the Indians, 
and supplying them with provision, altho' I bore a part of the 
expence, I am however well convinced, that no man in the Province 
of South Carolina, could have done it at so little expence. 

The Traders with one voice join and request, that you would 
apply to Sir William Johnson in order to suppress the insolence of 
the Norward Indians, contrary to the last treaty of Peace ; the con- 
sequence of that breach of theirs will be, that the Cherokees will 
follow their example, & knock up as many of their Traders as they 
can, which they already begin to insinuate. 

His Highness the Prince shakes hands with you, and begs tha1> 
you'll send up an Union Flag to be displayed on particular occa- 
sions, in the head beloved Town of Chotch Ottassatch as Jud's 
Friend, holds you fast also, and desires, that you would give a strong 
talk, to Henry Young at the Forks of Edisto, concerning three 
Negroes of his, who were taken in the time of war by some of the 



COLONIAL RECORDS. 213 



Cherokees, who were going with them to the French .in order to sell 
them; when Jud's Friend spoke, and said, that altho' they were at 
war with the English at jsresent, they would have a peace with them 
by and by and that he would not suffer the Negroes to be sold to 
the French, that he himself would purchase them, and. give him 
300"" of leather for them ; they were afterwards sent down here, and 
the Jud left it to his own generosity what to give, but he never had 
a farthings worth, a couple of cows would satisfy them. 

I am Sir &c 
ALEX'^ CAIMERON. 



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

Letter from Superintendent Stewart to Governor Tryon 

Chakles Town 28'" May 1766. 

I am now to acknowledge the Receipt of your Excellency's Letter 
of the o"* Currerit since the Receipt of which a Talk from the Chero- 
kee Nation of which the inclosed is a Copy ,came by the return of an 
Express which I had sent into that Country by it your Excellency 
will see how seriously those Indians think of ascertaining the Line 
to divide your Province from their hunting Grounds and the disa- 
greeable Consequences that probably will attend delaying to satisfy 
them in demands which appear to me very reasonable and just the 
inclosed contract of M' Cameron's Letter which accompanied their 
Talk will point out the Course of the Line already run between this 
Province ai)d where it terminates upon Reed}' River which falls 
into Saludy from which place thej^ propose continuing it in a .straight 
Course to Coll" Clhiswell's Mines upon the great Kanawa or New 
River, the Indians have so marked the Trees that the Line must 
easily be found. M" Cameron at my desire diverted the Indians 
from running the Line behind your Province till the month of 
September next after which time it will be extreamly difhcult to 
keep them in order without some steps be taken in this matter. 

The present state of Indian affairs in this Department requires 
attention The Confederate Nations of Abekas ToUipusses Alibamons 
& Cowetas known to the English by the name of Creeks have of 
late years greatly increased in number they have not suffered by the 
incursions of the Northern Tribes against whom the Cherokees and 
Chickasaws serve as a Barrier and no ^Xixr has subsisted between 



214 COLONIAL RECORDS. 



them and any-iTribe within this Dejiartment for many years Before 
the evacuation of the Floridas & Louisiana bj^ the French and 
Spaniards the Creeks were equally contiguous to the French Spanish 
and British Settlements by which three great Nations their Friend- 
ship was equally Solicited and coveted This competition naturally 
raised in the Savages very high ideas of their own Importance and 
altho' by the removal of the two first the competition has subsided 
and they are become in a much greater degree dependant on us for 
supplies of European commodities yet that jealousy on account of 
their Lands and independency which was deeply impressed on their 
Minds by the insinuations of the French is not effaced and they 
continue ybvj insolent and uneasy whatever enmity or misunder- 
standing may subsist amojigst the Indian Nations yet they all think 
themselves concerned in every encroachment on or injustice done 
any Tribe by us. The complaints of the Cherokess on account of 
their hunting grounds and the murder of their people in Virginia 
have been echoed through all the Nations The Creeks Talk of them 
in high Terms and quote them as incontestible Proofs of our bad 
intentions and Mortar Warrior who hears the j'oung restless and 
turbulent part of his nation has been very busy in stirring up the 
Cherokees to take Revenge Offering to support them with 70U Men 
immediately and it was with the utmost difficulty that some Creeks 
who with a party of Cherokees pursued the Nortliern Enemy were 
very lately hindered by the latter from killing some White Men of 
your Province who they met hunting and within these twelve 
months several murders have been committed by them in Georgia 
West Florida and near the Cherokee Nation. They have of late 
been sounding the inclinations of our new Allies the Choctaws and 
small nations on the Mississippi to a general rupture they attempted 
to seduce the Chickasaws and are now endeavouring to inflame the 
minds of the Cherokees I am not without hope however that their 
bad intentions may be defeated by removing all cause of just com- 
plaint from and rendering justice as far as in Our power to the 
Latter. 

A Rupture with the Creeks and Cherokees would soon become 
general the unfavorable impressions left by the French on the minds 
of our new Allies not being as yet entirely effaced and those two 
nations consist of no less tlian 6 or 7000 fighting Men a formidable 
Body and in their way of making war capable of doing a great deal 
of mischief compact and contiguous as they are to our Province. 



COLONIAL RECORDS. 215 



I take the Liberty of troubling your Excellency with a view of 
Indian Affairs from a possibility of its l:)eing acceptable at a time when 
settling the Boundarys is agitated. 

As the arrival of Lord Charles Montague is hourly expected I 
wish to be in the way when that happens as I may possibly receive 
some in,structions from the Ministry relative to these and such other 
matters as I long ago submitted to their consideration I afterwards 
propose myself the honour of waiting on you at Brunswick I most 
sincerely wish your Excellency better health and have the lionour 
of being respectivelj^ 

Sir cfec" 



[B. P. R. O. Am. & W. I. Vol. 269.] 

Letter from Alex"' Cameron, Deputy &c, to Superintendent Stuart 

ToQUCH 1" June 1766 

I arrived here on the 2.5"' ult: and notwithstanding the dreadful 
& alarming information the Traders reported of the Indians, I found 
them in very good humor and their Talks very straight. - 

I upbraided them with the murder of poor M' Boyd (who is with- 
out doubt killed with one Fields and Burk) but the Cherokees firmly 
deny to a man their having any hand in it, I am not however with- 
out some suspicion of them, from the many insinuations they dropt 
at different times in my hearing of the grudge they bore the Vir- 
ginians in general since the murder of their friends in that Country. 

I demanded a party of the C!herokees from their Chiefs, to go as 
far as Broad River, where M' Boyd's horses were found, in order to 
search for his bones that they might be buried, they readily granted 
my request, but the many tracks of the enemy that they met with 
frightened them back. 

They absolutely ^ieuy giving any encouragement to the Creeks in 
regard to their falling on the White People, and desire that you will 
not believe any such groundless reports of them. 

The Cherokees with one voice return you their unfeigned thanks 
for all the good offices you do them, and if you could but settle a 
peace between the Norwards and them they would for ever acknowl- 
edge it as the greatest obligation to you. 

The little Carpenter's brother brought in a scalp two days ago, 
and another was brought in bv a Party off the great Island, two 



216 COLONIAL EECORDS. 



more to Chuoee above C'hillhowe — Every now and then we hear 
the War Hoop. 

It is shocking to express the tearing cheating & horse steahng 
that have been committed among the Indians by the Traders and 
Packiiorsemen last winter in this Nation. Various and numerous 
are the complaints made to me against them, but I was too late to 
redress them,, it is no wonder that the Cherokees should withdraw 
their affections from us, when we allow such villains to trade or reside 
amongst them. 

The Indians seemed extremely satisfied with the appearance of 
M"" Ross, who arrived here a ie^ da^'s since from A^irginia, he is 
Fact6r to the Pul)lic Trade to be carried on by that Colony with the 
Cherokees. He made them a proposal of settling a store forti- 
fied with stockade on Long Island on the Houlston ; but they replied 
that his Talk was very good and agreeable to them, but that they 
would not allow any store to be fixed for the following reasons ; that 
that was their best Hunting ground, and that their young fellows 
might steal some of their horses and kill their cows, and that the 
White People would be for taking some satisfaction; that the issue 
of this would be their breaking out in an open rupture. 

The Assembly of ^^irginia have voted £30,000 iSouth Carolina 
Currency for the sujjport of this Trade, and to continue for seven 
years ; it seems their views are not to make money but to supply the 
Indians on the cheapest terms possible. jM' Ross promises sending 
them ammunition in a couple of moons, if the Norwards will permit 
him, and he intends carrjdng all his goods by water. He sets off 
to-morrow for Keowee, from thence about to "\^irginia, as the path 
this way is very dangerous. 



Extract of a Letter from Ensign George Price dated Fort Prince 

George 3"* June 17GG. 

M' Cameron has been gone from this place CA^er since the 17"" of 
last month but I have not heard from him yet After the different 
accounts we had concerning M' Boyd it is now reduced to a cer- 
tainty that some mischance has befell him and the three men who 
accompanied him. Their Horses have all been brought in from the 
Tay River where 'tis supposed their Bodies were thrown in after 
they were slain as there was no traces of them any further and as 
none of their Effects can ))e found it is suspected that a party 
headed by the White Owl did the Mischief that party liaving 



COLONIAL RECORDS. 217 



returned as they said from War a few days after M' Boyd's depart- 
ure for ^'irginia and on their coming near Chote set up the death 
AVhoop altho they returned as they said without meeting any 
enemy One Ross who is factor for the new instituted Company in 
Virginia for carrying on a Trade with the Indians came into the 
Nation along tlie Road M' Boyd was to have went but saw nothing 
of liim This Gentleman's business in the Nation is to obtain the 
consent of the Cherokees to build a Factory on the Great Island 
on Holstowns River but the Great Warrior told him the Virginians 
might settle at the Lead Mines and send in Traders from thence 
but no nearer The Carpenters Wife does not stop to say it was the 
Owl and his party who did the mischief 



[B. P. R. O. Am : & West Ind. Vol. 269.] 

Letter from the Secretary to Governor Tryon 

Whitehall 12"' June 1766. 

I have the pleasure of transmitting to you herewith inclosed a 
printed Copy of an Xct of Parliament entitled "An Act for indem- 
nifying Persons who have incurred certain Penalties bj'' an act of 
the last Session of Parliament for granting certain Stamp Duties in 
the British Colonies and Plantations in America &c" as also a Copy 
of another Act " for opening and establishing certain Ports in the 
Islands of -Jamaica and Dominica for the more free importation and 
exjjortation of certain goods and Merchandizes and other purposes 
therein set forth. " 

Thus you see Sir that not onlj' the greatest attention has been 
shewn to his ISIajesty's American Subjects for the repeal of an act 
which they had complained of but those grievances in Trade which 
seemed to be the first and chief object of their uneasiness have 
been taken into the most minute consideration and such regulations 
have been established as will it is hoped restore the trade of 
America not only to its former flourishing state but be the means 
of greatly increasing and improving it to the conveniency and 
advantage of all his Majesty's subjects in every part of his Domin- 
ions. 



218 COLONIAL RECORDS. 



With these views have these regulations been enacted and from 
the best enquiries into the commerce of America it is more than 
probable that very Salutary Effects will answer the Intentions. 

Such manifest concern and tender regard shewn by his Majesty 
and his Parliament for the true hai)piness and' prosperity of the 
Colonies and Plantations cannot fail I am persuaded' to produce on 
their part suitable sentiments of Duty Respect and Gratitude to 
their King and love and attachment for their Mother Country 

I am &c 
RICHMOND &c: 



[From Trton's Letter Book.] 

Letter from Governor Tryon to Secretary Conway 

Brunswick 14"" June 1766 
I had the honol' to receive your letter of the 10"" of October 
delivered to me by Lord Hope the 21" of May last. I endeavor'd 
to make his Lordship experience that respect and attention you 
recommended me to shew him, a behaviour I esteemed in every 
respect due to his Lordshii?, upon a personal acquaintance with 
him. I had the pleasure and satisfaction of his company four days 
in my house and should have been happy with a longer continuance 
of so amiable a guest. I attended his Lordship down the river and 
was two days on board his ship. The 1" of this month he took the 
opportunity of a fair wind and sailed for \^irginia, I was concerned 
to see him in so critical a state of health ; the obstinate cough he 
labors under indicates a consumption. 

I am &c 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Sir AA^illiam Johnson, Bar' 

Brunswick the 15* June 1766 
The Sachem of the Tuskarora Indians waited on me the 17"' of 
last month ; he shewed me the credentials j'ou gave him and a pass 



COLONIAL RECORDS. 219 



obtained from Governor Fanqnier of ^^irginia, botli wliicli together 
with his talk informed me of the intention of his journey from 
Susquehanna river. He arriv'd at this town very ill; I ordered a 
Doctor to attend on him, the best care to be taken of him to be sup- 
plied from my house with every thing he wanted. This comjilaint 
was the mumps, from which he recovered in about a week, lie 
dined twice at my table, which was as often as his healtli would per- 
mit. I found him not only humanized, but civilized. As the tract 
of land the Tuskaroras hold in this province upon the Roanoke 
was granted to them by the Legislature of this colonj^ I acc^uainted 
the Sachem it would be necessary for his waiting till the meeting of 
the General Assembly to be held at Newbern the 30"' of October 
next, when I would give him all the assistance in my power for the 
sake of so much of the land as would be necessary to bear the 
travelling expences of as many of the Tuskaroras, as were willing 
to quit this province, and march to join the Six Nations. The 
Sachem at first was very unwilling to stay himself till the above 
time, as he had promised his nation, and you Sir, to return to them 
in seven months from the time of his departure; and that term 
was already expired ; however upon taking further time to consider 
on it, and upon m^' assurance to acquaint his nation, thro' you, of 
the necessity of his waiting till the meeting of our General Assem- 
bly; he consented to go to his people settled in this province, till 
the above period. The eight Indians he brought from the Six 
Natiofis he told me he had left at the Indian town on Roanoke 
river. He gave me strings of wampum during his talk. At my 
request that he would give the Governor of this province an Indian 
name upon a day's consideration he honoured me with his own 
name, Diagawekee, in testimony of his regard for the care I had 
taken of him in his sickness. This name is to remain to all future 
Governors of North Carolina. 

In a letter T have lately received from Mr Stuart, Superintendaut 
of Indian affairs for the Southern District, he mentioned your appli- 
cation for his assistance to get the Tusks residing in this country to 
remove, and join the Six Nations; to accomplish which end you 
may be assured m}" assistance shall not be wanting as also my pro- 
tection to as many of the nation as choose to continue in the province. 
I am told their number including men, womon and children amounts 
to nearlv two hundred and twentv or thirtv. 



220 COLONIAL RECORDS. 



I gave the Sachem a pass under the seal of the provmce for him- 
self and attendants. The interpreter I understand is the same that 
came from the Six Nations with him, he seemed to be attentive to 
the Sachem, and behaved himself verj^ well while at Brunswick. 

I am Sir &c 



[B. P. R. O. Am. & West Ind. Vol. 269.] 

Letter from Governor Tryon to M' Stuart, Superintendent &c 

North Carolina 
Brunswick 17"" June 1766. 

I had the satisfaction to receive your letter of the 28'" of last 
month hj M' Loudon, with a Cherokee Talk, and an extract from 
M"" Cameron's letter; I now only wait for M' Palmer, the Surveyor 
General, coming into Brunswick from Bath Town, to hold a Council, 
when I shall communicate the whole of jj'our corres2:)ondence, aiid 
'hope by the time you promise me with a visit, to be able to accom- 
modate the requisitions of the Indians, to the satisfaction of all Parties. 

If the line the Cherokees propose to be run is continued in a 
straight course from Reedy river to Chiswell's Lead Mines, I am 
informed,' that a considerable part of Mecklenburg, and great part 
of Rowan Counties, will be left to the westward of the said Line, and 
consequently, a large body of Inhabitants will be shut out of this 
Province; I therefore think the first proposition of the Indians, the 
most easy to be effected, vid' : A north course to be run from Reedy 
River to the mountains and from thence a straight course to the 
mines; but this you will be a better Judge of, when I have the 
pleasure of shewing j'ou the rough sketch I have obtained of our 
Western Frontier Counties. 

The 17* of last month, the Sachem of Tuscaroras waited on me, 
with very good credentials from Sir William Johnson. He applied 
to me for leave to sell part of the Lands belonging to his Nation, in 
this Colony, to support the expence of as many of his Subjects on 
the Roanoke, as are willing to join the six Nations; I could not 
comply with his request, without the consent of the General Assem- 
bly, their lands being appropriated to them, by an Act of the Legisla- 
ture of this Province, I have therefore persuaded him, to go to his 



COLONIAL RECORDS. 221 



people settled on the Roanoke, and remain with them, till tiie meet- 
ing of the General Assembly, to be held at Newborn )iext October, 
when I assured him I would give all the assistance in my power, 
and in the mean time, promised to write to Sir William Johnson to 
desire he would acquaint the six Nations of the cause of his delayed 
return to them. 

I hope you have had an opportunity of congratulating your new 
Governor on his safe arrival among you; and that nothing will 
impede my soon experiencing the pleasure of your company in this 
•more solitary part of the world. 

I am Sir &c 

W" TRYON. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Governor Bull 

Brunswick 17"" June 1766 
I am to acknowledge the favor of your letter giving me the intel- 
ligence of the repeal of the Stamp Act, as also your letter delivered 
me by Lord Hope. It is with pleasure I congratulate you on the 
above event. I trust the generosity and benevolence of his Majesty 
and his Parliament in their late conduct to the British Colonies, will 
engrave such gratefuU impressions on the minds of the Americans, 
as neither ambition, prejudice of education, or time will ever be 
able to efface. Their interest under their different circumstances 
are certainly mutual, and reciprocal. I have received by way of 
New York dispatches from the Secretary of State notifying the repeal 
of the Stamp Act, &c. I have inclosed the dispatches to the Gov- 
ernors of the Southern provinces, to Mr Barons a packet directed to 
Lord Charles Montagu makes me imagine his Lordship may be 
arrived at his government 

I am Sir &c ■ 



222 COLONIAL RECORDS. 



. [From Tryon's Letter Book.] 

Letter from Governor Tryon to Benjamin Barons, Esq. 

Brunswick the 17"" June 1766 
The favor of your letter of the 27" of last month received the 1" 
inst. As the circumstances of tlie times does not so immediately 
recjuire expedition for public dispatches as before the repeal of the 
Stamp Act, I have ordered my Secretary to inform Mr Burgwin I 
have no further occasion to subscribe for a messenger to go from 
Wilmington to Charles Town. Till I see a difference of behaviour 
among the gentlemen of that borough, I cannot expect any proposals 
I should make agreeable to j'our plan, will meet with their proper 
eflect. I am, &c. 



[B. P. R. O. America & W. Indies. Vol. 214.] 

North Carolina. 

To His Excellency William Tryon Esq" Captain General, Governor, 
and Commander in Chief in and over the Province of North Caro- 
lina & C 

The Address of the Corporation of Wilmington. 
Sir, 

We his Majesty's most dutifull and Loyal Subjects the Mayor, 
Recorder, Aldermen and Freeholders of the Borough of Wilmington 
beg leave to congratulate your Excellency on the Repeal of the 
American Stamp Act, and on the happy prospect of the union and 
Harmony thereb}' established between the Colonies and their Mother 
Country. 

Permit us also to express our most gratefull acknowledgements to 
the Supreme Legislature of great Britain for their care and attention 
in Protecting the Inhabitants of his Majesty's extensive American 
Dominions in the enjoyment of that inestimable blessing Liberty, 
and at the same time releasing them from a Burthen they were 
unable to bear. 

With hearts full of Gratitude to the best of Kings we assure your 
Excellency that we shall be ready at all times to defend and protect 



COLONIAL RECORDS. 223 



His Majesty's Person and Government, and to Evince our inviolaljle 
attachment to his Illustrious House at the risc^ue of our Lives and 
Fortunes. — We cannot help expressing our Concern at the many 
misrepresentations, that have been made to your Excellency of the 
transactions of the Inhabitants of this Borough & several of the 
adjacent Counties. Since the time of the Stamp Act's taking place, 
permit us to assure you. Sir, that it ever has been our constant 
endeavor, as far as our influence extended, to promote the ease and 
happiness of your Excellency's Administration. 

MOSES JOHN De ROSSET Mayor. 
Borough of Wilmington 20* June 1766. 

His Excellency's Answer. 

To the Mayor, Recorder, Aldermen, and Freeholders of the Borough 

of Wilmington. 
Gentlemen, 

It is with satisfaction I receive your Congratulations on the Repeal 
of the Act of Parliament Granting certain Stamp Duties in America. 

The grateful acknowledgements you express to the Supreme Leg- 
islature of Great Britain for their care and attention to the Lilierties 
of the Inhabitants of His Majesty's American Dominions, and also 
your affectionate and Inviolable Attachment to His Majesty's Sacred 
Person, Family and Government, as they are extremely GratefuU to 
me, I shall with a sensible pleasure transmit those warm sentiments 
of Respectfull Gratitude and Duty to his Majesty's Principal Secre- 
tary of State. 

I trust that the Moderation and unparalleled Lenity, so remark- 
ably Manifested bj'^ his Majesty and the Parliament to the Colonies, 
will dipose the Inhabitants of this Province to that chearfull 
obedience to the Legislative Authorit}' of Great Britain, on which 
their future Prosperity so much depends. Such a Conduct will 
prove the strongest Cement for the most firm and happj^ Union 
between the Mother Country & her Colonies. 

I Profess, Gentlemen, I am at a loss to answer that part of your 
Address, wherein you Mention Misrepresentations having been made 
to me of the Conduct of the Inhabitants of the Borough of Wil- 
mington. I declare what Impression I have conceived of them arose 
from a Behavior, that came immediately under my own Observation. 

Brunswick 26"" June 1766. 



224 COLONIAL RECORDS. 



[B. P. R. O. No. Carolina. B. T. Vol. 15.] 

Letter to the Board of Trade from their Counsel 

Lincoln's Inn 30* June 1766. 
In pursuance of your Lordships Commands Signiiied to me by 
M' Pownall's Letter Wherein you are Pleased to desire my Opinion 
in Point of Law upon the following Acts Passed in North Carolina 
in May 1765 I have Perused and Considered the same (Viz') 

1 An Act Confirming the Title of, "William Day Esquire to certain 

Lands therein mentioned 
This is a Private Act, and there is no Clause therein Suspending 
the Execution thereof till it has received his Majesty's Approbation, 
which is contrary to the Express Directions relating to Private Acts, 
And I must further Observe that, this Act takes away Estates from 
two Infants Who are Tenants in Tail, Without any Consent appear- 
ing of their Guardians or of the Per.sons in Remainder, and Ve.sts 
the same in another Person. The Infants Consent alone to Barr 
such Intail is not sufficient, It may prejudice others who may have 
a Right in Remainder Subject to their Estate tail in Case of their 
Deaths, And I am of Opinion for these Reasons that this Act should 
not be Confirmed. 

2 An Act for Establishing an Orthodox Clergy 

This Act gives a Power to the Governor and Council, to Suspend 
any of the Parochial Clergy, that shall be Guilty of any Gross Crime 
or notorious Immorality, until such time as the Bishop of London 
shall either Restore or pass Sentence of Dej^rivation on them by his 
Notification to the Governor, And Discharges the Payment of the 
Salary's and Provision belonging to such of the Clergy during the 
time of their Suspension. I must Submitt to your Lordships how 
far it is fitting, to place this power in the Governor and Council of 
Suspending the Clergy, witliout the knowledge of or Approbation 
being first had of the Bishop of London, which may Interfere with 
his Jurisdiction. And if such Suspension should not be well 
grounded, and such Clergy be Restored by the Bishop, the Loss may 
be very great to the Clergy, who will Loose the whole of their Salary 
and Provision during the time of such Suspension, And there is no 
Provision in the Act for the Cure being Supplied during that time. 



COLONIAL RECORDS. 225 



3 An Act to imj lower tlie .Sheriff of Orange County, to Collect a 
Tax of One Shilling and Sixpence Proclamation Money, laid on the 
Taxahle Persons in the said County by An Act of Assembly of this 
Province j^assed in the fourth Year of the Reign of his present 
Majest}^ 

4 An Act for Opening and Cutting two Roads from the Ferry on 
the North West River opposite to Eagles Island in Brunswick County, 
and other Purposes. 

Upon Perusal and Consideration of the before mentioned Acts I 
have no other Objections thereto than are before mentioned I am 

My Lords &c 

MAT LAMB. 



[From MS. Records in Office of Secretary or State.] 
COUNCIL JOURNALS. 



•June 1766 



Ordered by His Excellency the Governor that the following 
Proclamation be recorded Viz. 

North Cakolina — ss. 

By His Excellency AVilliara Tryon Esquire 
A Proclamation 

Whereas a petition has been presented to me from the Inhab- 
itants of the Town and neighborhood of Newbern setting forth that 
the great quantity of corn exported from that port to the Northern 
Colonies and W' India Islands is likely to make that Grain a scarce 
commodity in those parts, and unless timely prevented will man- 
ifestly distress the poor and labouring people in General that reside 
in that and the adjacent Counties. 

I therefore think projjer by and with the consent of His INIajesty's 
Council to prohibit the exportation of Indian Corn from the Rivers 
Neuse and Trent from the tenth day of April next, until the end of 
the next Session of Assembly, And I do strictly forbid all planters 
merchants and Masters of Vessels from loading or receiving on 
board any Indian Corn for exportation from the said Rivers during 
the time aforesaid, as they shall answer the same at their Peril 

Given under my hand and the Great Seal &c, at Brunswick the 
26 day of March 1766. &c W" TRYON. 

VOL. VII 15 



226 COLONIAL RECORDS. 



His Excellencj' the Governor with the consent of His Majesty's 
Council also issued a proclamation in the same form to prevent the 
Exportation of Indian Corn from any of the Ports or Rivers to the 
Southward of the Rivers Neuse and Trent from the 15 day of this 
Inst April, until the end of the next Session of Assemblj^ 

Dated at Brunswick the ninth day of April Anno Dom 1766 — 

Ordered by His Excellency the Governor the following procla- 
mation be recorded Viz' 

North Carolina — ss. 

By His Excellenc}' William Tryon Esq, Capt General, Governor 
&c, &c, 
A Proclamation. 

M'^hereas general complaint has been made to me of the very 
great scarcitj^ of grain and other provisions in this and the neigh- 
bouring Counties and several rqjresentations laid before me of the 
present distress of many Families Inhabitants of the said Counties 
from the want of the necessaries' of life I do therefore with the con- 
sent of His Majestys Council hereby prohibit the exportation of any 
Indian Corn, Wheat, Flour, Rice, Pease or any Species of Grain, 
Corn or Pulse whatever from the port or river of Cape Fear to any 
Colony or Port whatsoever, or to any other port or river within this 
Province, such quantity of Grain or other provisions before enumer- 
ated only excepted, as shall upon the Oath of the Master or Masters 
of such Vessells departing this Port be deemed sufficient for the 
use and consumption of such ^^essells during their next intended 
voyage 

I do also with the consent of His Majestys Council hereby Order 
that no Vessell or Vessells which shall have -before the issuing of 
this Proclamation received on Board any quantity of the Articles by 
this proclamation before prohibited from exportation such quantitj' 
only excepted as shall upon the Oath of the Master or Masters of 
.such Vessells be declared to be no more than sufficient for the use 
of the said ^^essell or Vessells during their intended Voyage shall 
leave or depart from the said port of Cape Fear 'till all such Grain 
more than sufficient for the last mentioned use and consumption 
shall be unshiped and secured from exportation, and I do hereby 
Order that this Embargo and prohibition .shall be and continue 
from the date hereof to the fifteenth day of October next; and all 



COLONIAL RECORDS. 227 



persons concerned are hereby required to conform thereto as they 
will answer the Contrary at their peril. 

Given under mj^ hand and the Great Seal &c, at Brunswick the 
ninth day of June Anno Dom 170G. 

WILL TRYON. 



At a Council held at Brunswick 28* of June 1766 
Present 
His Excellency the Governor 
( James Hasell Robert Palmer ~| 

The Honble - John Rutherfurd and - Esquires 

( Lewis Henry DeRosset Benjamin Heron j 

His Excellency communicated to this Board the following instruc- 
tions to wit, from N° 1 to 38 inclusive and from N° 42 to 50 
inclusive and N° 52, 53, 56, & 57, 68 and 71, 77 & 78 & 93, 95, 96, 
97, & 98 and 109, 110 and 111. and His Excellency was pleased to 
Order the 11"" & 24"" Articles of the said Instructions should be 
■entered in the Council Journals Viz' 

Inst 11"" And — Whereas we are sensible that effectual care 
ought to be taken to oblige tlie Members of our said Council to a 
due attendance thereon in order to prevent the many inconveniences 
that raa.j happen for want of a Quorum of the Council to Transact 
Busmess^as occasion may require ; It is our Will and Pleasure 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 leave 
from you, or from our Governor & Commander in Chief of our said 
Province for the time 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 Manuel, their 
place or places in our said Council shall immediately thereupon 
"become Void. And if any of our Members of our said Council 
residmg in our said Province, shall wilfiTlly absent themselves here- 
after from the Council Board, when dulj' summoned without a Just 
and Lawful cause and shall persist therein after Admonition, you 
suspend the said Councellors so absenting themselves till our further 
Pleasure be known, giving timely notice of 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 sig- 



228 COLONIAL RECORDS. 



nified 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. 

Ins' 24. Whereas several inconveniences have arisen to our Gov- 
ernments in the Plantations by Gifts and Presents made to the 
Governors by the General Assembly, for the prevention thereof for 
the future, It is our express Will and Pleasure, that neither you the 
Governor, nor any Governor Lieut Governor Commander in C'hief, 
or President of the Council of our said Province of North Carolina 
for the time being do give your or their consent to the passing of 
any Laws or Acts, for any Gift or Present to be made to you or them 
by the Assembly and that neither you nor they do receive any gift 
or present from the Assembly or others pn any account or in any 
manner whatsoever upon pain of our highest displeasure and of 
being recalled from that Government. 

Then His Excellency laid before this Board in pursuance of the 
71" Article of His Instructions the plan of a certain Tract of Land 
joining Fort Johnston, which He recommended to the Council to 
have obtained for the advantage of His Majestys said Fort It 
appearing that the whole or the greater part of the said Land had 
been granted to one Joseph Sherbourne the 11"" May 1735, and no 
quit rents having been paid for the same from the date of the said 
patent, It is the opinion of this Board that the Receiver General do 
take such lawful measures ias may be necessary to secure the said 
Land for the use of the said Fort. 

And His Excellency communicated to this Board letters of Cor- 
respondence on Indian Affairs from Mr Stuart Superintendant for 
the Southern District with respect to a boundary line, between this 
province and the Hunting Grounds claimed by the Cherokee Indians. 
And it is the opinion of the Board, that His Excellency direct the 
surveyor General by himself or his deputies to run such lines as the 
Governor shall think proper to quiet the Indians, and secure the 
Western Inhabitants in their Legal possessions, And as there is no 
fund appropriated for this contingency and that the service may not 
be impeded it is also the opinion of this Board, that the Governor 
may issue His warrants to the Receiver General of His Majesty's 
Quit Rents for such sums of money as may be found necessary to 
carry the above service into execution, and that upon the meeting 



COLONIAL RECORDS. 229 



■of the Assembly, application be made to reimburse the sums so 
drawn for. 

The memorial of John Rutherfurd Esq His Majesty's Receiver 
Oeneral having been read in the Council in the following words, — 

North Carolina. 

To His Excellency William Tryon Esq Captain General and Gov- 
ernor in Chief in and over said Province. 

The Memorial of John Rutherfurd His Majesty's Rec' General of 
said Province, 
Humbly Sheweth, 

That in the year 1758 the late Right Honble Henry Bilson Legg, 
then Chancellor of the Exchequer and who in the absence of His 
Grace the Duke of New Castle then presided at the Board of Treasury 
was pleased to require of Your Mem. to form and make out a Rent 
Roll of all Lands holden under Grants in His Majesty's Districts in 
this Province for which Service He was pleased to say Your Mem. 
should be allowed in His Acct^ with the Crown for his Expenses and 
trouble. 

Your Mem in obedience to the said Command from materials then 
in his possession, from extracts out of the Secretarys Office, and from 
the registers Offices in the different Counties in His JLijesty's dis- 
trict, for which your Mem° having paid the Clerks and Registerers 
agreeable to the Orders of His late Excellency in Council also for 
the expence of books and papers from England without including 
for his own personal expences and trouble He has expended the 
sum of six hundred and thirty eight pounds three shillings and six 
pence currencj^ 

Your Mem' further begs leave to inform Your Excellency that he 
has been employd since the year 1761 in forming the said Rent Roll 
in 14 Vols folio, and two other small folios, which not only contain 
the whole of the Lands in His Majesty's district to be found upon 
record but also all the conveyances from one person to another for 
upwards of Fifty Years past, and tho' it caimot be said these books 
contain an exact Rent Roll, occasioned bj- the loss of some records, 
neglects of former provincial Secretarys, uncertain bounds of County 
Lines, Negletft of Owners of Lands in not recording their Convey- 
ances, and the impossibility of finding out what Quit Rents had been 
paid before the Year 1749. 



230 COLONIAL RECORDS. 



These Books however, if the Grants and Conveyances continue to 
be yearly posted up will exhibit an exact Rent Roll, as the persons 
in possession of Lands must be under the necessity of either paying 
from the dates of their grants or j^roduce former receipts. The 
whole of what is now His Majesty's district of this province was 
formerly comprehended in one County under the name of Bath 
County and which has since at different periods been subdivided 
into 16 different Counties; Your Excellency can very well judge of 
the difficulty Your Mem'' has had to arrange the Lands in their 
proper Counties by reason of the vague manner of description of 
lands in former times. Your Mem hopes your Excellencys appro- 
bation to state in his Accounts as a reasonable charge for this ser- 
vice the sum of one thousand pounds currency besides the sum of 
six hundred and thirty eight pounds three shillings and six pence 
for his expences in forming and making out the said Rent Roll, 
which he flatters himself will be of great service for the finding out 
and ascertaining His Majestys Revenues in this province and which 
never could heretofore be obtained thro' means of any Provincial 
Assembly and hitherto deemed otherwise impossible to be got 
accomplished. 

Your Mem" therefore prays for Your Excellencys recommendation 
to the Right Honorable The Lords Commissioners of His Majestys 
Treasury for the final allowance of such charges in Your Mem" 
Accounts with the Crown, and as in Duty bound will ever pray. 
(Signed) JOHN RUTHERFURD 

N Carolina 

Dated June 23 1766. 

His Excellency recommended the consideration thereof to this 
Board and the D. Auditor having declared to the Board, that the 
charge therein mentioned was no more than a reasonable one foi 
the services therein mentioned — It is unanimous opinion of the 
Board that His Excellency recommend to the Right Hoiible the 
Lords Commissioners of His Majestys Treasury the allowance thereof. 

His Excellency communicated to this Board the 50* Article of 
his Instructions of Exorbitant Fees being taken in the publick 
Offices in the Colony. — Ordered that a Proclamation issue Accord- 
ingly. 



COLONIAL RECORDS. 231 



North Carolina. 

George the Third by the Grace of God of Great Britain France and 

Ireland King Defender of the Faith and so forth. 

M'^hereas Complaints have been made to us that Exorbitant Fees 
have been demanded and taken in the several publick Offices in 
our Colonies to the great dishonour of Our Service and the prejudice 
of the publick Interests. 

We do hereby strictly enjoin and require all publick Officers 
whatever in their respective Stations throughout this province, not 
to demand or receive any other Fees for publick business transacted 
in their Offices, than •what are established by proper Authority; 
upon pain of being removed from their said Offices, and prosecuted 
with the utmost severity of tlie Law. 

Witness Our Trusty and Well beloved William Tryon Esq, Our 
Captain, General & Governor in Chief in and over said Province, 
at Brunswick the 25"" day of .June 1766, and in the sixth year of 
Our Reign. 

(Signed) AV" TRYON 

Bexjaiiix Heron Sec^ 

God Save the King. 

His Excellency communicated to this Board a letter from Mr 
Secretary Conwaj^ dated the 31"' day of March inclosing two Acts of 
Parliament just passed — The first for securing the just dependency 
of the Colonies on the Mother Country, And the second for the 
repeal of the act of the last Session of Parliament granting certain 
Stamp Duties in America together with the Resolutions of the House 
of Commons Transmitted to be laid before the Assemblj' of this 
Province. 

Then His Excellency took the Opinion of the Council, whether 
the present circumstances of the Country required a more imme- 
diate meeting of the Assembly than the 30* of October to which 
time it now stands prorogued. The same being taken into proper 
consideration they are of unanimous opinion that the hot and 
unhealthy season of the year and the extraordinary want of Pro- 
visions may prevent a great Number of the Members from attend- 
ing who are necessarily occupied on their j^lantations and therefore 
tis their advice and Opinion as the Country is now in perfect tran- 
Cjuility, and best for his Majestys service and the good of the Province 
that the Assembly should meet at the time to which it stands jiro- 
rogued. 



232 COLONIAL RECORDS. 



Ordered — That a pi'oclamatiou issue to notify the rejjeal of the 
Stamp Act that business may proceed in the usual course 

North Carolina 

By His Exeell^ William Tryon Esq. &c. &c. 

M^'hereas an authentick account has been transmitted to me of the 
repeal of the Act of Parliament granting certain Stamp Dutys in 
America. 

I do hereby with the Advice and consent of His Majestys Council 
issue Proclamation, to notify the same that publick business may be 
carried on as usual and that the Inhabitants of this province may 
return to that chearful obedience to the Laws and Legislative, 
authority of Great Britain, On which the future happiness and pros- 
perity of the Colonies so greatly depend. 

Given under my hand and the Great Seal &c. at Brunswick this 
25"^ day of .June 1766, and in the .sixth year of His Majestys Reign. 
(Signed) " W TRYON. 

Benjamin Heron. Sec^ 

Ordered, That the Secretary enter the Minutes of the Council in a 
fair Folio Book to be produced in Council whenever the Board 
sits — And the Minutes of the preceding .sitting to be read before 
the Board enters upon Business. 



fB. P. R. O. America and West Indies. Vol. 370.] 

Letter from John Stuart, Superintendent &c, to the Board of Trade 

Charles Town 10* July 1766. 

I had the honour of laying a full state of Indian affairs within 
this Department before your Lordships in my letter to M' Pownall 
dated 24* August last. 

In September following I went to S' Augustine, from whicli place 
I had the honor of writing your Lordships the 9"' of December 
jointly with Governor Grant, giving an account of our negotiations 
with the Creek Indians and the Cessions of Land by them to that 
Province, and Georgia, at a Congress of their ruling men of Picolata, 
since which I have not been honored with any of your Lordships 



COLONIAL RECORDS. . 233 



commands, I am now to communicate to your Lordships the late 
occurrences in the different Indian Nations within this Department. 

The .Cherokees who complained much of encroachments on the 
Lands by Grants from the two Carolinas, objected to the Boundary 
Line proposed by Lieutenant Governor Bull to divide this Province 
from their claims, and refused to settle that matter till they should 
hear from me. 

I accordingly wrote and pressed to agree to M' Bull's proposal 
which they acquiesced in, I herewith transmit a Copy of the 
Cession of Land obtained from them by M' Cameron dated 19"" 
October and a Certificate that the Line was run out in consequence 
dated 10'" May last. 

I communicated these transactions and their request of liaving 
the Line continued behind ^'irginia and North Carolina to Gov" 
Tryon and Fauquier, and send herewith Copies of my letters upon 
that Subject, with Gov' Tryon's answers, but I have not been 
favored with any from Lieutenant Governor Fauquier. 

I propose setting out next week for North Carolina to assist in 
getting matters so settled as to remove all cause of complaint in 
future on account of encroachments on the Land reserved by tlie 
Cherokees for Hunting Grounds. 

The Government of ^'irginia has not been able to bring the mur- 
derers of the Cherokees in Augusta County to justice, nor did they 
endeavour to satisfy the relations of "the deceased by j^resents, which 
piece of private justice is very necessary. 

That Government has sent several Messengers into the Cherokee 
Country within these six months past to negotiate some matters 
relative to a trade to be carried on to that Nation by a Company 
erected by a provincial law with a fund of £30,000 that money; I 
have had no further information on that subject, than what is 
contained in the Letter from Messrs Cameron and Price, of which 
I have the honor to lay abstracts before your Lordships. 

As such a Trade, established by a Law in any one Province must 
interfere with the Trade or Individuals from the other Provinces 
as well as the general management of Indians and as your Lord- 
ships signified to me His Majesty's Order that I do punctually 
report to you all occurrences and matters relative to the Indian 
Nations within this Department I humbly conceive it to be your 
Lordships Idea that no such material Steps as this should be taken 



234 COLONIAL EECORDS. 



without being commuuicated to the Superintendant for his Infor- 
mation and Government. 

I likewise beg leave to observe that persons residing as Traders in 
the Indian Countries being employed by the respective Governors 
to call Meetings and transact Business for their Provinces without 
the participation or Interposition of the Superintendant or his 
Deputy - residing in such Indian Country has a Tendency to lesson 
the Authority and Influence of the Superintendant and his Officers 
and to destroy that Subordination which is necessary to the Govern- 
ment of the Traders and the Introduction of Order amongst the 
Indians which I humbly submit. 

If as it is said the Province of Virginia propose to sell Goods at 
such prices as will only pay the charges of carrying the Trade the 
consequences will be that all the other Indian Nations will expect 
the same Indulgence in which we must gratify them or be plagued 
with their complaints and Dissatisfaction and this can only be done 
to the Chocktaws Creeks and Chickasaws and small Nations on the 
Mississippi at the Publick Expence of Great Britain as the Infant 
Provinces cannot do it and Individuals will not go amongst Indians 
as Traders merely from Motives of public good without a prospect 
of compensation adequate to their Trouble and Risque and if the 
Province of Virginia propose by these new regulations to satisfy 
the Cherokees for the murder of their People they will not succeed 
for till the relations of the deceased are satisfied by having the 
murderers executed or by some valuable consideration for their loss 
we can never consider that aiTair as settled they will not look upon 
any favourable regulation of Trade of which they can only reap the 
advantage in common with their Countrymen in general as any sat- 
isfaction to them for their murdered Friends. 

The Cherokees have never been called together since the general 
Congress at Augusta no medal-Chiefs liave been appointed among 
them which cannot be done but at a general meeting of their lead- 
ing men and this delay they construe into disrespect. 

As M'' Boyd a Gentleman sent by the Government of Virginia to 
the upper Cherokee Nation was returning home in May last he was 
killed with his two attendants near th'e Cherokee Towns The Chero- 
kees disowned this murder and pretended that it was perpetrated by 
the Northern and Western Tribes who are at War with them but there 
is great reason to believe that it was done by the Cherokees them- 
selves by way of satisfaction for their People murdered in Virginia 



COLONIAL RECORDS. 235 



little can be said to them on this subject with propriety for if such a 
Province as Virginia cannot bring People to Justice for mui'dering 
nine Indians in cool Blood in the middle of a pojjulous and well set- 
tled Country it is not to be imagined that Savages possessed of no 
coercive authority will bring their Countrymen to Justice for reveng- 
ing the Death of their Relatives in their own way deemed by them 
most laudable and honourable. 

Your Lordships will perceive by the several Letters and Talks of 
which I now send copies that the Cherokees are beyond measure 
harrassed by the Incursions of tlie Northern Tribes upon which sub- 
ject the Lieutenant Governor of Virginia wrote to Sir ^^'illiam John- 
son requesting his Mediation to obtain a Peace for the Cherokees of 
which the latter acquainted me in his Letter of the 17"" September 
the Cherokees also have made repeated applications to me on the 
same subject. 

As the Creek Indians have upon several late occasions manifested 
a disposition to give us Trouble and to form a confederacy of the 
great Nations of this department and as they have been particularly 
assiduous in fomenting the jealousy of the Cherokees on account of 
their Lands and stirring them up to revenge the murder of their 
People in Virginia it became a doubt with me if in a political point 
of view it would be proper for us to be active in mediating between 
them and their Enemies but this being a matter which immediately 
concerns the peace of the Provinces contiguous to the Cherokee 
Nation I wrote to the Governors of East Florida and Georgia South 
and Nortli Carolina begging to know their Sentiments on this mat- 
ter and I herewith lay before your Lordships Copy of what I wrote 
Lieut. Governor Bull to wliich I have not been favoured witli an 
answer. 

Since the last Congress at Picolata the Lower Creeks have behaved 
inoffensively they were punctual in sending Deputies to settle the 
Boundaries of Georgia and to confirm the Cession of Land to that 
Province 

They have also been very friendlj^ and usefull to the Garrison of 
Foi't S' Marks at Appalatohe who they supplied plentifully with 
fresh provisions when they were known to be in great want but they 
have not given satisfaction for the murder of three White Men from 
the back Settlements of Georgia who a party of Creeks met in their 
hunting Grounds in Sej^tember last nor have they returned any 



236 COLONIAL RECORDS. 



answer to a joint message from Governor "^A^right and me upon that 
subject. 

It is true the murderers do not live in Community with their 
Nation but wander amongst the Cherokees and other Tribes. 

The Behaviour of the upper Creeks since the Congress at Pensa- 
cola has been insolent and suspicious their Messengers and Emis- 
saries have been through all the Great Tribes sounding their incli- 
nations to a general rupture. 

They have been insolent to the New Settlers in We.st Florida and 
one John Kemp was murdered by them near Pensacola. The reasons 
they assign for their difference with us in a Talk sent by them to 
Governor Johnston in consequence of some conversation which that 
Gentleman had with a very leading Man and Great Medal Chief of 
the upper Creeks called Emistisigno. Are 

Our supplying the Indians in the New ceded Countries as also 
the Choctaws and small Nations on the Mississippi with Arms 
Ammunition and other necessaries. 

That the English had sent arms and Ammunition to the Chicka- 
. saws to induce them to join the Choctaws against them. 

That the Choctaws expecting a Party of Creek leading men in 
their Nation had laid an Ambush to cut them off which they escaped 
bjr not being punctual to th&ir Time which they insinuate was at 
the Instigation of the English. 

That the English act the part of Incendiaries by causing War 
amongst the Indian Tribes and setting them on to cut each others 
throats. 

That the}' the Creeks never interfere in our Quarrels why should 
we interfere in theirs. 

That they had received a message from Cornelius Doharty a 
Leader in the Cherokee Nation with a roll of Tobacco and a white 
wing by a Cherokee Head Warrior acquainting them that the intent 
of the English in taking possession of Pensacola and the new ceded 
Countries was first to lull the Indians into a state of supineness and 
security an'd afterwards to destroy them and take their Lands that 
as a Friend he gave them this timely notice and was ready to sup- 
ply them with arms and ammunition. 

That the prices were not lowered as was demanded by them at 
Pensacola on which last Article thej' greatly insist. 



COLONIAL RECOliDS. 237 



In answer to all which I beg leave to observe that these Indians 
have no right to object to our suj^plying other Tribes as well as them 
with every sort of European Goods usually sold to Indians. 

The quantity of Ammunition imported to their Villages is in the 
usual proportion to the other European commodities but they want 
to form a Magazine. 

The Presents sent by me to the Chickasaws were in acknowledg- 
ment of tlieir Fidelity and to induce them to facilitate the passage 
of the 34"' Regiment to take jiossession of the Illiilois which service 
they performed well according to their promise. 

The C'hoctaws have been insulted by the Creeks for many years 
past without taking satisfaction their being so passive was owing to 
their being divided into English and French Factions who were at 
open War with each other which subsisted till I met them at Mobile 
in March 1765. Thej' likewise had been constantly at War with the 
Chicka.saws till that Congress But being united and at Peace with 
their Neighbors their resenting a continuation of Insults and Mur- 
ders by the Creeks is not to be wondered at. 

I beg leave further to observe to your Lordships that altho' a War 
between the Creeks and C'hoctaws be an Event rather advantageous 
to us than otherwise yet our appearing as Instruments of bringing 
it about would be very bad policy by which we must infallibly lose 
the confidence of all the Indian Nations whose Jealousies would be 
thereby confirmed and upon this principle I have always acted. 

I beg leave to refer your Lordships to the several letters upon this 
subject which I have very latelj^ received and by which Governor 
Johnston and Col° Taylor seem apprehensive of a rupture with the 
Creeks and a Coalition between them and the Choctaws. 

The Behavior of Cornelius Doharty is extreamly criminal and 
from mj' knowledge of him I believe him capable of what is laid 
to his charge by the Mortar now called Otis Mico formerly Yahatos- 
tonake such information from a White Man will weigh great^)" 
with jealous Indians Doharty now lies in the Cherokee Nation but 
as it is no condition in the Bonds of the Traders licensed from this 
Province to pay any obedience or attention to the Superintendant 
his Deputies or commissaries and as I am not vested with any Juris- 
diction or Authority over them I am at a loss what measures to pur- 
sue with such a dangerous person, who should certainly be removed 
from the Indians. 



238 COLONIAL RECORDS. 



Their dissatisfaction because of the prices of the European Goods 
and Rum which were not lowered as thej^ required at the Congress 
at Pensacola cannot easily be removed as the prices thej' proposed 
giving would not induce any White Man to go amongst them in the 
quality of a Trader this matter I then endeavored to set in a clear 
light to them of which your Lordships have a full account in the 
proceedings of said Congress which I had the honour of sending you 
but if the Traders were put under proper Regulations the prices of 
goods might admit of some abatement. 

The prices of Goods sold in the Cherokee Nation having been 
much lowered by this Province to gratify the Cherokees gave the first 
Idea to the Creeks of requiring the same' and the competition between 
the Traders from the different Provinces and by that means the very 
large supply of Goods render the Indians insolent and wanton while 
the disorders Abuses and intrigues of the Traders who under sell 
eacli other fill them with contempt and hatred for us. 

The great danger attending such circumstances will occur to your 
Lordships whose wisdom will point out the measures to be pursued. 

In the meantime I shall endeavour by all means in my power to 
.retain the Cherokees Chocktaws and other Tribes firm in our Interest 
and to frustrate the Machinations of the Creeks while I shall 
endeavour as far as I can to palliate and keep matters easy with the 
last till the Commander in Chief and the different Governors be 
made acquainted with the situation of affairs and till his Majesty's 
Pleasure can be signified to me relative to the state of Indian 
Affairs in general. 

I have the pleasure to inform your Lordships that the Chocktaws 
and Chickasaws punctually perform their engagements in sending 
considerable flanking Parties to attend the 34"" Regiment in its 
passage up the Mississippi to take possession of the Illinois. 

The Message sent by the Ghocktaw Nation by their Deputies to 
the small Nations on the Mississippi had all the effect that could be 
wished in awing them from attempting to obstruct the Troops by 
threatening them with destruction if they made any such attempt 
and a number of that nation having marched to Fort Rossalie in 
the Natchez Country to join the Regiment left no room to doubt of 
their Intentions Lieut. Lord of the 34"" Regiment who headed the 
Chocktaws behaved upon that occasion with great perseverance and 
prudence he describes the Country formally inhabited by the Natchez 
Indians as the finest in the World. 



COLONIAL RECORDS. 239 



The Cliickasaws under M' John APLitosh commissary in tliat 
Nation to the Number of one hundred and twenty five amongst 
whom their Great Leader Payamataha were also punctual to their 
Time and Place and met the Regiment when it had Ijut Five days 
bad provisions left but they supplied it plentifully with Bullalloe 
Bear and Venison by which means it was enabled to proceed 
Twenty five of the best Chickasaw Hunters with the Commissary 
attended it to Fort de Chartres. 

I had also ordered one Hundred Cherokees to Rendezvous at the 
Confluence of the Ohio and Mississippi which they performed but 
not meeting the Regiment at the stipulated Place went and lay 
round the Illinois Villages and gave such employment to the French 
and Indian Inhabitants as effectually prevented any attempt from 
them to obstruct the Regiment for which pieces of service I have 
General Gage's directions to return «ach Nation thanks. 

The Regiment was five Calendar Months and 'five days upon its 
passage a detachment of the Royal Highlanders commanded by 
Captain Sterling was ordered from Pittsburg and had taken posses- 
sion of Fort de Chartres before the arrival of the Regiment which 
also kept the French and Indians in Awe from whom every bad 
Office was to be expected. 

The Choctaws have lately taken Revenge on the Creeks for 
repeated Insults and murders committed by them with impunity 
thro' a series of years. 

As a War has broke out between these two Nations it is not our 
Business to be active in bringing about a Reconciliation. 

The Choctaws complain of not being paid the annual consideration 
they used to receive from the French and as the French still pos.sess 
New Orleans they are indefatigable in keeping up a Party amongst 
these Indians by their Emissaries who point out the disadvantage 
which they are exposed to by changing Masters such considerations 
weigh with the leading men of that Nation who were retained faith- 
ful to the French Interest by annual presents of which I had the 
honour of informing your Lordships fully in different letters. 

In the Event of a rupture with the Creeks which is not improba- 
ble there will be a necessity for preserving and even the courting 
the Friendship of the other great Tribes and Presents will be neces- 
sary which will enable me with some prospect of success to treat 
with them and require such assistance as may be necessary of their 
Leading Men which I cannot attempt empty handed. 



240 COLONIAL RECORDS. 



I had the honor of submitting to your Lordshijjs an Estimate of 
Presents which I judged to be annually sufficient for all occasions 
within this department the present circumstances seem to render 
them extreamly necessary and our retaining the Surrounding Nations 
iirm in our Interest will be the certain means of bringing the Creeks 
to reason or of enabling us to chastize them if necessary, and if his 
Majesty will be pleased to intrust me with proper powers to treat 
with the Nations within my Department and to regulate the disor- 
ders of the Traders by making them in some measure responsible 
for their behavior to the Commissioners residing in each Nation. 

I shall exert all my Application Attention and Abilities to bring 
the affairs of my Department into some order which cannot be done 
while every Governor acts as if no other person had a concern in 
Indian Affairs and every Province makes Laws for regulating 
Indian Trade and Affairs without knowing or attending to the 
inconveniences Vhich may result therefrom to the Interests of the 
•whole and the management of Indians in general. 

The distractions at this time occasioned by the Traders will appear 
to your Lordships by the Abstracts of Letters from the different 
commissioners which I have the honor of laying before you. 

I also have the honor of laying before your Lordships Copy of a 
Talk from the Old Wolf King in the upper creek Nation in Answer 
to a joint Talk from the Governor of Georgia and me demanding 
satisfaction for three Whitemen killed by the Creeks in August last 
by which your Lordships will form an Idea of the Temper of that 
Nation. 

Notwithstanding which Governor Grant writes me of the 3"* cur- 
rent that the Creek Indians often visit him and behave in a very 
friendly Manner and are upon the be.st Footing with the New Settlers. 

By a list herewith it appears that there are thirty white Men 
in the small Nation of Chickasaws which consists of about 350 Men 
bearing arms sufficient to maintain three Traders such a number 
must necessarily create competition and jealousy which as well as 
the inconveniencies resulting from General Licenses granted by the 
Governor of this Province I had the honor of representing to your 
Lordships in my letter of the 24th August last to M'' Pownal relative 
to all which I hope for Instructions from his Majesty. 

I have the honor of being with the utmost respect 

My Lords &c 

JOHN STUART 



COLONIAL RECORDS. 241 



[N. C. Letter Book S. P. G.] 

Letter from Mr Reed to the Secretary 

Nevvbern July 20'" 17G0 
Rev* Sir, 

I can now with pleasure inform you that our Schoolhouse is at 
length enclosed and that it is a large and decent Edifice for such a 
Young Country forty five feet in length and thirty in breadth and 
has already cost upwards of three hundred pounds this currency — 
The whole subscription is now entirely expended and I have preached 
and begged in his behalf, till the suppliant is entirely weary and 
charity cold — The floors are not laid, and the chimneys not built — 
I have therefore sent a Bill of Exchange for my last half years 
salary to New York to purchase Bricks for the Chimneys and 
intend at the next session of .Assembly which will be held here in 
November next to recommend the undertaking from the pulpit and 
endeavor if possible to advance the subscription T'would give me 
gi'eat satisfaction to see a little flourishing academy in this place — 
I have this affair much at heart and the difficulties I have met 
with have given me much .uneasiness — Mr Tomlinson received a 
small additional stipend last Easter Monday — The Vestry then 
agreed to pay him Twelve pounds per annum for attending the Churcli 
in Newbern at such times as I am obliged to be absent and attend 
the several (!hapels — I have furnished him with Tillotsons Sermons 
and the congregation attends very regularly — He is about Thirty 
years old, wants to settle himself for life, and is very desirous to 
know whether he shall receive any encouragement from the Society. 

M' Morton arrived here about the 18"" of last Month from the 
Northward and stayed with me to refresh himself a few days, then 
proceeded to Brunswick to wait upon the Governor and from thence 
intended to Mecklenburgh County. — But on his arrival at Bruns- 
wick, he was very creditably, and I believe, very truly informed, 
that the inhabitants of that County evaded the ^^estry Act by 
electing the most rigid dissenters for Vestrymen who would not 
qualify; that the county abounded with Dissenters of various 
denominations and particularly with Covenanters Seceders Anabap- 
tists and New Lights; that he would meet with a very cold, if any 
reception at all have few or no hearers and lead a very uneasy life — 
Such disagreeable relations quite discouraged Mr. Morton from pro- 
VOL. VII — 16 



242 COLONIAL RECORDS. 



ceeding any further — He therefore thought proper with the Governors 
consent to return and settle in Northampton Count}' in the Northern 
part of this province where I flatter myself he will be kindly 
received, be of real service, and meet with the venerable society's 
approbation — I have visited Saint Johns Parish twice during these 

last six montlis and l)aptized in all fifty Children. 

Yours &c. 
JAMES REED 

Missionary. 



[B. P. R. O America & W. Indies. Vol. 214.] 

Letter from the JIayor and Gentlemen of Wilmington to Governor 
Tryon 
May it Please your Excellency. 

SiK, 

It is with Extreme Concern we have observed in your Excellency's 
answer to tlie Address of the Corporation of Wilmington expressions 
which may be construed to charge that Borough with some marks 
of intentional dLsresjiect towards your Excellency, a Conduct, which 
from the consciousness of our hearts we can with the greatest justice 
disclaim, and which from a Love of Order and a regard to Decency 
we should sincerely Condemn, not only as inconsistent with that 
dutifuU affection towards his Majesty's Representative which we shall 
always endeavour to Cultivate, but with the gratefull return of Sen- 
timents which your Personal merit justly claims. 

If oppressed by the late Act some commotions of the Country 
seem'd to threaten a departure from Moderation, your Excellency, 
we hope will not impute these transactions to any other motive than 
a Conviction, that Moderation ceases to be a Virtue when the Lib- 
erty of British Subjects is in danger, but the greater that Danger 
was, the more reason we have to applaud the honor and justice of 
the British Parliament, whose prudent resolutions have relieved us 
from the Melancholy Dilemma to which we were almost reduced. 

From His Majesty, whose heart ever rejoices in the happiness of 
his People, we most humbly and thankfully receive this mark of 
attention to the Distresses of his American Subjects, and shall always 
return his Royal Protection and regard with all the affection and 
obedience of the most loyal subjects of a free Kingdom, joined to 



COLONIAL RECORDS. 243 



that filial Duty and Coii.stitutional conuection on which ouv future 
hajjpiness and existence entirely depend. 

Amid.st the variety of disagreeahle Events which the late commo- 
tions occasion'dj we have with great indignation observed in the 
Barbadoes Gazette of the IQ"* of April a paragraph as void of Decency 
as it is of Truth, well a.ssured that your Excellency's Conduct has 
been always regulated by no other motive than a Generous Concern 
for the Public good, and that Duty which you, Sir, and we all owe 
to a Sovereign ever intent on the Welfare of his People, supported 
by an Ardent desire to promote the particular happiness of a Province 
committed to your charge. 

We have the honor to be Sir, &c 
MARMADUKE .JONES ALEXANDER DUNCAN 

JOHN LYON JOHN BURGWIN 

MOSES JN" DeROSSET JOHN DUBOLS 

THOMAS LOYD WILLLIM PURVLINCE 

FRED" GREGG W" CAMPBELL 

CORNELIUS HARNETT tJEORGE PARKER 

JOHN ANCRAM ANTHONY WARD 

JAMES MORAN HENRY TOOMER 

RICHARD EAGLES W™ WILKINSON 

OBADIAH HOLT 

Biu'xswicK Aug' 2'' 1706. 
Gentlemen, 

As your letter of the 28"" of last month has remov'd those asper- 
sions I felt }'0U had laid on my Character in your Address to me on 
the 26th of June, I am now willing to forget every Impropriety of 
Conduct, any of the Subscribers and the Town of Wilnnngton 
have shown personally towards me in the late Commotions. 

I thank you Gentlemen for the Testimony you give me of your 
approbation of my general Conduct; but my Acknowledgements 
are more expreselj' due for the Justice yon do me in such part of 
my Conduct, as has been traduced by the Barbadoes Gazette of the 
19'" of April last. 

I am, Gentlemen &c 

WILL-" TRYON 

To Moses John DeRosset Esq" Mayor And the Gentlemen of the 
Borough of Wilmington. 



244 COLONIAL RECORDS. 



[From Tryon"s Letter Book.] 

Letter from Ciovernor Tryon to Lord Barrington, Secretary at War, 

Brunswick ■29"' July 1766. 
I have the honor to acquaint your Lordship that Cap' John Dal- 
rymple, Commander of Johnston's Fort in this province died the 
13"" inst in the said fort. As his commission for the above com- 
mand was from his Majesty, I have issued a new one under the 
seal of the province to Mr Robert Howe, (a gentleman of this 
province) to succeed him till his Majesty's jileasure is further known. 
As your Lordship was so obliging as to assure Col° Boyd that if the 
Command of the Fort should become vacant it should be given to 
m}' recommendation, I beg leave therefore to renew my .solicitations 
for his ^h^jesty's Commissioner in favor of Mr Howe and to remind 
your Lordship of your intended goodness to me 

I am with esteem &c 



[From Tryon's Letter Book.] 

Letter from Governor Trj'on to John Stuart, Esq, Su])erintendant &c 

Brunswick 30"" July 1766. 

Since my letter to you of the 17"" last month I have laid before 
his Majesty's Council of this province our correspondence on the 
subject of Indian affairs and the following is a copy of the Resolu- 
tion of the Council on that business \'id', 

" His Excellency communicated to this Board letters of correspon- 
dence on Indian affairs from Mr Stuart, Superiutendant of the 
Southern District with respect to a boundary line between this prov- 
ince and the hunting grounds claimed by the Cherokee Indians, and 
it is the opinion of this Board that his Excellency direct the Sur- 
veyor General by himself or his deputies to run such lines as the 
Governor shall think proper to quiet the Indians, and secure the 
western inhabitants in their legal possessions. And as there is no 
fund appropriated for this contingency, and that the service may be 
impeded it is also the opinion of this board, that the Governor may 
issue his warrants to the Receiver General of his Majesty's quit rents 
for such sums of money as may be found necessary to carry the 



COLONIAL RECORDS. 245 



above service into execution, and that upon the meeting of the 
Assembly apphcation be made to reimburse the sums so drawn for." 

I am sorry to find by the favor of your letter of the 24'" of July 
delivered me by Mr Barnett that you are obliged to postpone your 
intended visit to me, as I am now anxious to see you and readj'^ to 
consult with you on the pit)per measures to be taken relative to the 
demands of the Cherokees. I shall acquaint the inhabitants of the 
back counti'v of this province of the hostile disposition of some of 
the Indian txibes, and the probability of a rupture, at the same time 
strongly recommend to them to avoid all opportunities of giving 
them a pretence to commit hostilities and to caution them to be on 
their guard in case the Indians should mak^ any inroads on them. 
If the Cherokees permit agreeable to their first talk, the line to be 
run from Dewis's corner a north course to the mountains, and from 
thence a strait course to Chiswell's mines, I believe the inhabitants 
of Mecklenburg and Rowan Counties will be extremely well satisfied, 
and upon the execution of this agreement I am willing to advance 
£100 sterl^ for the cost and charges of such presents, as you may 
think mo.st accejitable to the Cherokee Indians. If the above line 
could be run by the end of September and you could accompany me, 
I should not dislike to be present as it might not onl}' prevent any 
little jealousies that might arise between the settlers, and the Indians, 
but give me an opiwrtunity to take a view of the back country. 

I this day received information that one AVilliam Linville, his sou, 
and another young man who were gone over the mountains at the 
head of the Yadkin to hunt, that in the first week of this month 
they were surprised by the Indians, that Linville and his son were 
killed that the young man made his escape wounded to his settle- 
ment, where I am informed he is since dead of his wounds. I can- 
not as yet learn of what tribe or nation these Indians were. 

I am, (fee. 



[From Trton's Letter Book.] 

Letter from Governor Tryon to the Board of Trade 

Brunswick 1" August 1766 

Upon an inspection into the condition of the garrison ordnance 
stores and ammunition at Fort Johnston I found them agreeable to 
the three returns inclosed — First, Return of the garrison 2''. Return 



246 COLONIAL RECORDS. 



of the artilleiy, stores and ammunition, S*. Return of the arms and 
acourtrements Six Carriages for the 18 and 9 pounders are at Wil- 
mington and three swivel guns are at Salisbury in the western 
frontier of this province. Six hundred swivel balls and eight bar- 
rels of gunpowder were let out upon bond, by the late Governor to 
some gentlemen on tlxis river. I have ordered the parties to replace 
it, as in case of neglect I shall sue their bonds. The three eighteen 
pounders with their carriages I shall at the request of the inhabitants 
leave in the town of Wilmington, the other three carriages I have 
ordered into the fort. The three swivels may be necessary in the 
back country in some temporary fort against the Indians. Great 
quantity of the powder, the flints and all the musket balls were sent 
into the back country during the last war, and tho' there are no 
vouchers that I can find for the expenditure, I am told it was all 
used. 

This my Lords is the fullest return I can procure of the ordnance, 
stores &c in this province. As Capt Dalrymple told me he left at 
your Lordships board a plan of the said fort, I shall onlj' take notice 
that the proportions observed in the construction of the fort are as 
miserable, as are the materials with which it is built; lime, half 
broken oyster shells and sand are the ingredients, called tabby-work. 
There is so great a proportion of sand that every gun fired, as a sig- 
nal, or on 23ublic occasions, brings down some of the parapet. In 
short I think the fort a disgrace to the ordnance his Majestj' has 
placed in it. Its situation for the defence of the entrance of the river 
is admirable, and extremely favoured by nature. It commands not 
only across but up and down the channel, and has no covered or 
hollow way very near on the side of the country. I am apprehen- 
sive this country will not at present be at any further expence in 
the rebuilding of this fort; and indeed were they to raise monej^ for 
that purpose, it could not be effectually applied, without his Majesty 
was pleased to order an engineer to direct and superintend the con- 
struction. All the other forts in the province are entirel3' gone to 
ruin. In the present circumstances of the country, the protection 
of the entrance of this river is certainly the most essential of any in 
the province; the towns of Brunswick and AVilmingtou lying so 
near the bar, the first eighteen and the other thirty miles distant 
from it which lays them more open to the insults of the enemj^, than 
those towns^to the north east of this province, which lay 70, 80, and 
140 miles from the mouths of their rivers. 

I am with much esteem and respect. 



COLONIAL KECOIIDS. 247 



[From Tryon's Lettkr Book.] 



Letter fronv Governor Tryon to tlie Board of Trade 

Rki'n.swick 2'' August 176H. 

I take the opportunity by Captain Williams to acknowledge the 
receipt of his Majesty's instructions: The 28"' of June I called a 
Council, but as my commission had been opened in December last, 
and the Council sworn in, I only communicated and recorded such 
instructions as the minutes of the Council of that [date] will certify. 
About the same time I received Mr Conway's notification of the 
repeal of the Stamp Act, and as the Assembly then stood pro'rogued 
to the 30"" of October next, I took the opinion of the Council if an 
earlier meeting would become necessary, their opinion was in the 
negative and is contained in the lU'" page of the minutes of the 
Council inclosed. The inhaljitants of many counties in this province 
have been drove to great ditliculties for want of corn : The planters 
have been reduced to feed their gailgs of negroes upon their stock 
of cattle, and upon apples. The scarcity will be relieved the first 
week in September as they will then begin to dig the potatoes of 
this country, the usual food for negroes when Indian corn is not 
distributed. 

I must beg leave to observe to your Lordships tliat among the 
gentlemen named in his Majestys instructions to me Mr Robcrt[?] 
Spaight is in the number, a gentleman who died before I came into 
the province; and Mr -James Murray whom I found on my arrival 
here, President of the Council, is left out of the said instructions. I 
therefore cannot admit ^Ir Murray to sit in Council, till I am 
honored with your Lordships directions on this head. 

Mr Murray had my leave of absence from this province for one 
year which expired last April; he has applied to me for another 
years leave upon which I have acquainted him hdw' the attair 
stands, with regard to my in.structions, As he is concerned in a 
Sugar house at Boston I f[uestion whether he will ever reside again 
in this country. 

The death of Mr Robert Spaight and of ilr Chief Justice Berr}', 
with the absence of Capt Brice Dobbs, will make three vacancies in 
the Council; I shall therefore name the following persons for your 
Lordships choice of Coun.sellors, \'id' Mr Strudwick, Mr Francis 



248 COLONIAL RECORDS. 



Corbyn, Mr Thomas Lloyd, Mr Thomas McGwire and Mr Samuel 
Swaiin, Sen' 

The three first I transmitted to your Lordships board wlien I 
notified the death of Mr Berry, Mr M°Gwire is just gone to England; 
he is a gentleman of very good character in this country and lived 
with credit in the province. Mr Samuel Swann is a gentleman 
well versed in the Constitution of this country, and tho' he has not 
always supported the measures of government, I believe hira well 
inclined at present to my administration. 

I shall not have it in my power to give your Lordships a particu- 
lar account of the state and strength of this country, till after the 
meeting of the General Assembly; the late disturbances having 
greatly added to the confusion of all the public offices that I can 
obtain no proper returns as yet from them. I have however the 
satisfaction to inform your Lordships the inhabitants have returned 
to a cheerfull obedience of the laws that the several courts are open, 
and business carried on as usual. 

The inclosed address of the borough of Wilmington, I believe to 
Vje the sence of the province as far as it relates to gratitude and 
loyalty 

I am of opinion this province is settling faster than any on the 
continent, last autumn and winter, upwards of one thousand wagons 
passed thro' Salisbury with families from the northward, to settle in 
this province chiefly; some few went to Georgia and Florida, but 
liked it so indifferently, that some of them have since returned. 

The dispatch containing the patents I have granted since my 
administration will shew to your Lordships the great increase of 
settlers in the western or back counties. These inhabitants are a 
race of people differing in health and complexion from the natives 
in the maritime parts of the province; as much as a sturdy Briton 
differs from a puny Spaniard ; in the present situation of my health, 
I may include myself among the latter. 

The Sachem of the Tuskaroras settled with the Six Nations waited 
on me last June, to solicit my assistance for the removal of as many 
of his nation settled on the Roanoke in this proAdnce, as were willing 
to join his people among the Six Nations. As this request was 
made at the desire of Sir William Johnston, and with the approba- 
tion of Mr Stuart, I have allowed them to remove. I am told by 
Capt Williams in a verbal message from Mr Jones the Attorney 
General that one hundred and thirty of them will march out of this 



COLONIAL RECORDS. 249 



province this week, and that Mr Jones and two more gentlemen have 
advanced £1200. — Proclamat" money to purchase wagons provisions 
<fec. for their conveyance and subsistance and that this money is lent 
on credit of some of their lands 'till the General Assembly can reim- 
burse that expense, by a law for the sale of as much land of theirs 
as will raise the above sum. There will remain in this province no 
more than fifty or sixty of that nation. 

I am to acquaint your Lordships that Capt John Dalrymple late 
Commander of Johnston's Fort died the 13" of last month. I have 
apjiointed Capt Robert Howe to succeed him under the seal of the 
province till his Majesty's pleasure is known : there is no pay to the 
commis.sion, and the perquisites only five shillings proc. for every 
vessel that comes into this port ; this is a fee for his giving the mas- 
ters of vessels their product bill. 

I am with great esteem and respect 

P. S. I received this morning the inclosed letter from the Mayor 
and Gentlemen of Wilmington. 



[B. P. R. O. Am. & W. I. N. C. No 316.] 

ADVERTISEMENT 

August 1766. 

No. 1. Whereas that great good may come of this great designed 
Evil the Stamp Law while the sons of Liberty withstood the Lords 
in Parliament in behalf of true Liberty let not Officers under them 
carry on unjust Oppression in our own- Province in order thereunto 
as there is many Evils of that nature complained of in this County 
of Orange in private amongst the Inhabitants therefore let us remove 
them (or if there is no cause) let us remove the Jealousies out of 
our minds. 

Honest rulers in power will be glad to see us examine this matter 
freely there is certainly more honest men among us than rogues & 
yet rogues is harbored ajnong us sometimes almo.st publickly, every 
honest man is willing to give part of his substance to support rulers 
and Laws to save the other part from rogues and it is his Duty as 
well as right to see & examine whether such rulers abuse such trust, 



250 COLONIAL REC0RD8. 



otherwise that part so given may do more hurt tlian good, even if 
all were rogues in that case we could not subsist but would be 
obliged to frame Laws to make ourselves honest and the same ' 
reasoning holds good against the notion of a Mason Club ; this tho' 
it must be desired by all or the greatest number of men, yet when 
grievances of such public nature are not redressed the reason is 
everybody's business is no Bodys, therefore the following proposals 
is offered to the Publick 



AN ADVEKTIZEMENT 

Let each Neighbourhood throughout the Country meet together 
and appoint one or more men to attend a general meeting on the 
Monday before the next November Court at a suitable place where 
there is no Liquor (at Maddocks Mill if no objection) at which 
meeting let it be judiciously enquired whether the free men of this 
Country labor under any abuses of j^ower or not and let the same 
be notified in writing if anj' is found and the matter freely con- 
versed upon and proper measures used for amendment; this method 
will certainly cause the wicked men in power to tremble and there 
is no damage can attend such a meeting nor nothing hinder it but 
a cowardly, dastardly Spirit which if it does in this time while Lib- 
erty prevails we must mutter and grumble under any abuses of 
power until such a noble spirit prevails in our posterity for take 
this as a maxim that while men are men though you sliould see all 
those Sons of Libert}' (who has just now redeemed us from tyranny) 
set in Offices and vested with power they would soon corrupt again 
and oppress if they were not called ujion to give an account of their 
Stewardship. 



[B. p. R. O. Am : & W. IND. Vol. 269.] 

Letter from Secretary Lord Shellnirne to Governor Tryon 

Whitehall August 9* 1766. 
The King liaving been graciously j)leased upon the resignation 
of the Duke of Richmond to deliver to me the Seals of the Southern 
department. I take the earliest opportunity of notifying the same 
to you and am to acquaint you by his Majesty's Command that 
your dispatches are to be henceforward directed to me you may 



COLONIAL RECORDS. 251 



depend upon their being punctually laid before the King and that 
I shall not fail to transmit to you from time to time such orders as 
I may have the honor to receive from His Majesty in consequence 
of them I am &c 

SHELBURNE. 



[B. P. R. O. Am: & W. I. Vol. 369.] 

Letter from Secretary Lord Shelburne to Governor Tryon 

Whitehall August 9"" 1766. 
The King having been pleased to make an Order in Council 
bearing date the 8"" instant which revokes and repeals every clause 
and Article contained in the order made by his late Majesty in 
Council on the 11* March 1752. I transmit to you herewith in 
Obedience to the above mentioned order a Copy of the same for 
your Information and Observance I am &c 

SHELBURNE. 



[B. P. R. O. A. & W. I. N. C. No. 316.] 
ADVERTISEMENT. 

No. 2. At a meeting of the Neighborhood of Deep River the 20"" 
Augu.st 176() unanimously agreed to appoint Wm Cox and Wm 
Masset to attend a general meeting on the first Monday before 
November Court at Maddox Mill on Enoe where they are judiciously 
to examine whether the true men of the county labour under any 
abuses of power and in particular to examine into the Public Taxes 
and inform themselves of every particular thereof by what Laws & 
for what uses it is laid in order to remove some jealousys out of our 
minds and the representatives vestrymen and other officers are 
requested to give the members of said meeting what Information 
and satisfaction they can so far as they value the good will of every 
honest Freeholder and the executing of public offices pleasant and 
delightsome 



No. 3. At a meeting of the Inhabitants of Orange County on the 
10"" of October 1766 for a Conference on Publick affairs witli our 
representatives, A^estrymen &c. 



252 COLONIAL RECORDS. 



It was the judgment of the said meeting that by reason of the extent 
of the County no one man in it in a general way was known by 
above iV man of the Inhabitants for which reason such a meeting 
(for a Public and free Conference yearly and as often as the case 
may require) was absolutely necessary in order to reap the profit 
designed us in that part of our Constitution of choosing representa- 
tives and knowing of what uses our money is called for. 

We al.so conceive such a representative would hnd himself at an 
infinite loss to answer the designs of his Constituents if deprived of 
consulting their minds in matters of weight and moment. 

And wliereas at the said meeting none of them appeared tho' we 
think proper!}' acquainted with our appointment and request yet as 
the thing is somewhat new in the County though practised in older 
Governments they might not have duly considered the reasonable- 
ness of our request, We therefore conclude that if they hereafter are 
inclinable to answer it that we will attend them at some other time 
and place, on their giving us proper notice, it is also our judgment 
that on further mature deliberation the Inhabitants of the County 
will more generally see the necessity of such a Conference and the 
number increase in favour of it to be continued yearly. 

Ordered that a Copy of the above be delivered to each of our rep- 
resentatives & another Copy set up in Public next General Muster. 

Their Objection sent was because we had used the word — Judi- 
ciouslv- 



[N. C. Letter Book S. P. G.] 

Letter from M'' Andrew Morton to the Secretary. 

Northampton North Carolina 

August 25; 17G6 
Reverend Doctor, 

I wrote to you in June last informing you of ni}' Journey to my 
new mission in Mecklenburgh County — From Newberii I pursued 
my Journey to Cape Fear \yhere I received such Intelligence as dis- 
couraged me from proceeding any further — There I was well 
informed that the Inhabitants of Mecklenburg are entire dissenters 
of the most rigid kind — That they had a solemn leage and cove- 
nant teacher settled among them That they were in general greatly 



COLONIAL RECOEDS. 253 



averse to the Church of England — and that they looked upon a hxw 
lately enacted in this province for the better establishment of the 
Church as oj)pressive as the Stamp Act and were determined to pre- 
vent its taking place there, by opposing the settlement of any Min- 
ister of the Church of England that might be sent amongst them — 
In short it was very evident that in Mecklenburg County I could be 
of little use to the honorable Society and I thought it but prudent 
to decline embroiling myself with an infatuated people to no pur- 
pose and trusting that the Venerable Society, upon a just representa- 
tion of the matter would not be dissatisfied with my conduct. — 

Having communicated this matter to Governor Tryon who is a 
sincere friend to the Church his Excellency was pleased to recom- 
mend me to the people of Northampton County in the Northern 
District of the Province — Here I was vastly well received by the 
people who wish for nothing more ardently than ray settlement 
among them and I have agreed to stay with them till next Easter, 
by which time I hope the pleasure of the Society will be known in 
this matter. — 

Bath the place of Residence of the nearest Missionary is seventy 
miles South East of this place — M' Reed's jjarish is 110 miles South 
of this place, and to the West there is not one Clergyman — Indeed 
I know of no place in the Province where a missionary is more 
wanted or where one might be more usefully employed — 

But this whole matter I submit to the Honorable Society begging 
their instructions that I may have the happiness of knowing their 
pleasure and of conducting myself accordingly — It was matter of 
real grief to me to find it impracticable to carry the honorable 
Society's pious designs with respect to Mecklenburg into execution. 

AND" MORTON. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to John Stuart, Esq, Superintendant itc 

at Charlestown 

Brunswick 31" August 1766 

The favor of your letter of the 19"" inst was delivered to me this 
morning by your express. As I am to hold a Land Office the 20"" 
of next month at Wilmington and to meet the General Assemblj- of 



254 COLONIAL RECORDS. 



this province the oO"" of October, I am apprehensive there will not 
be sufficient time for my personal attendance at the running of the 
line, particularly as my health will not allow me to make great, 
expedition on the road; however I am not without hopes of being 
able to attend, if I should be prevented Mr Palmer the Surveyor 
General will be present and very probably Mr Rutherford 

The articles you mention that will be agreeable to the Indians I 
shall purchase from the stores in the back country of this province. 
I wish to be satisfied of the recovery of your health by the pleasure 
of seeing you as soon as possible at Brunswick. If circumstances 
will not permit me to go into the back country, I shall not set out 
for Newbern till the 14"" of October 

I am &c. 



[B. p. R. O. Am. & West Ind. Vol. 269.] 

Letter from Secretary Lord Shelburne to Governor Tryon 

Whitehall Sep' 13"" ITOO. 
Sir 

Advices having been received from His Majesty's Superintendants 
for Indian Affairs that the most unprovoked violences and murthers 
have been latelj' committed on the Indians under the protection of 
his Majesty and whose Tribes are at present in Peace and Amity 
with his Majesty's Provinces and that the offenders have not yet been 
discovered and brought to .Justice and likewise that settlements have 
been made on the back of the Provinces without proper Authority 
and beyond the limits prescribed by his Majesty's Royal Proclama- 
tion of 1763, and in some places even beyond the utmost Boundaries 
of any Province in America and that in consequence the Indian 
Nations do everywhere discover the greatest discontents and resent- 
ments which may endanger the Peace of his Majesty's Provinces and 
the safety of his Subjects. 

It is therefore his Majesty's commands that you apply yourself in 
the most earnest manner to remedy and prevent those evils which 
are as contrary to the rules of good Policy as of Justice and Equity. 

The violation of those principles attended also with so many dan- 
gers to the Provinces is what cannot be permitted If a due obedi- 
ence had been paid to his Majesty's Royal Proclamation and a due 



COLONIAL RECORDS. 



attention given to proper Restraints on the conduct of the Indian 
Traders these evils would have been effectually avoided. 

His Majesty's commander in Chief has received express orders to^ 
co-operate with the civil government for the enforcing a due obe- 
dience to that Proclamation and his Majesty requires and expects 
every measure to be taken which Prudence can dictate for the 
removing such settlers preventing in future any such Settlements as 
are contrary to the Intention of the Proclamation and for appre- 
hending such offenders whose daring Crimes have so direct a Ten- 
dency to involve the whole of his Majesty's Provinces in America in 
an Indian War. 

I am &c 
SHELBURNE. 



[From the Court Records of Rowan County.] 

North Carolin.-v 22 September 1766 

Salisbury, to wit, 

At a Superior Court of .Justice begun & held for the district of 
Salisbury at the Court House in Salisbury, on the 22"* day of Sept 
in the Year of our Lord 1766, before the Hon James Hasell Esq 
his Majesty's Chief Justice and the Honorable Edmund Fanning 
Esq his Majesty's Assistant Justice for the district aforesaid &c, 
Present 

The Hon — James Hasell Esq, and Edmund Fanning Esq, 

Court adjourned till tomorrow morning at 9 o'clock 
* * * * * *.* * * 

Isaac Edwards Esq, this day came into open Court and qualified 
as an Attorney of this Court, by taking the oath &c, appointed by 
law, This day the Court was pleased to appoint Isaac Edwards 
Esq Attorney for the King in the absence of Mr Hooper &c, 

Court adjourned until tomorrow 11 oclock, 

Met according to adjournment. 

Present 
The Hon — James Hasell Esq C. J. 
Edmund Fanning Esq A. J. 

Then came into open Court and was naturalized according to 
Law, the following persons, to wit, Frederick Fraley George Logall, 



256 (;OLONIAL RECORDS. 



George Adwicke & Chris Blake, by taking the oaths by law pre- 
scribed, 

The Court adjourned till Monday Morning at 9 oclock. 

Met according to adjournment, 

Present 

The Hon — James Hasell Esq, & Edmund Fanning. 

William Hooper Esq, this day came into open Court, and was quali-, 
fied as Attorney for the King for the Superior Court for the District 
of Salisbury under Robt Jones Jr Esq Attorney General for said 
province &c. 



[B. P. R. O. AMiSRiu.v & West Indies. Vol. 370 ] 

A talk from the Cherokee C^hiefs Head men of the Nation to their 
Father in Charles Town. 

22 September 1766. 

Yesterday we received your Talk for which we return you our 
thanks, but the times are so much altered with us since we spoke to 
you last, that we could not attend at the fixing of the Boundary 
Line before the Spring. We sliall be at Reedy River with our 
Brother M' Cameron by the 10"" of the 7"" moon (April) before 
which time, we hope the Governor and beloved men of Virginia 
will agree to settle the Line on the back of their Country, so as to 
make a final conclusion of the whole at once. We request that you 
would thank the Governor of North Carolina for his readiness in 
agreeing with you to have the Line run this Winter; & altho' it is 
now so late in the season nothing but the mortality that has seized 
our People would have prevented us from settling that important 
piece of business. But altho' we came yesterday to a resolution to 
set out with our Brother here on the 10"" of next moon for that 
service, the dismal scenes about us this morning weakened our reso- 
lutions; and we make no doubt but you will admit of the following 
reasons as a sufficient Apologie for our putting it off for this fall. 

When I got up this morning I could hear nothing but the cries 
of women and children for the loss of their relations, in the evenings 
there are nothing to be seen but smoak and houses on fire, .the 
dwellings of the deceased; I never remember to see any sickness 
like the present, except the small Pox, and if we should attempt to 



COLONIAL RECORDS. 257 



go to run the Line, we niiglit have been taken sick in the ■woods, 
and die, as several of our people have already beeii served, who 
attempted to escape this Devil of a disorder. Besides the above, the 
Governor and beloved men of Virginia have not yet agreed to 
extend it behind their Province, as proposed to them; and it is 
troublesome to be always going about it. Before the Exjiress could 
reach North Carolina and the white men be ready to join us on 
Reedy River, it would be the winter, and our horses would perish 
for want of food ; now this is what we considered upon this morning, 
and came to our Brother, that he might stop the Exjiress that was 
to be sent to North Carolina. 

We are sorry to hear of the murders that are committed on the 
White People; but we do not Know any of the Perpetrators of it. 
The woods have been full of ths Northward Indians all this sum- 
mer, and it is more likely it was done by them than by any of our 
People as we always give them good Talks; but we cannot be 
answerable for the acts of rogues, whom you Know will not at all 
times listen to our injunctions, and especially when they are out in 
the woods and meet with the White men hunting on their ground. 
But you maj' depend upon it, that we shall never hide anything of 
that kind from j^ou, when it comes to our ears, and we promise to 
make a diligent search of any such acts, in order to suppress them 
if possible, 

You inform us that the Creeks & C'hocktaws are at war with each 
other, it is what they will, the Creeks loved war a long time, and 
thought there was no people that could cope "U'lth them, and it 
is good that they should have enough of it ; for our part we are 
tired of War, for our enemies were too numerous, and we beg that 
you will not tliink it troublesome to sue for peace for us. We have 
sent you a Talk lately on that subject. 

Hear us now Father, it is our intention always to ^valk straight, 
and will endeavour to keep the path clear for that purpose, but if 
any bush should accidentally grow up on your side of the Line, we 
hope that you will pull it up. 

I thank you for the Flag which you provided for the Town House 
at Chohe. What is it that's bad can disturb us, when we set under 
' it. I hold you fast with both my hands. 

(signed) KITTAGUSTA 

Head beloved Man of the 

Cherokee Nation. 
VOL. VII — 17 



258 COLONIAL KEOORDH. 



COUNCIL JOURNAL.S. 

[From MS. Records in Office of the Sei hetary of State.] 

At a Council licM in Wiliniugton 22'^ September 17<)G 
Present, 
His Excellency the Governor. 
I .Jolm Rutherfurd Robert Palmer, | 

The Honble-, Lewis Henry DeRosset and > Esquires 

( ^^'illiam Dry Benjtimin Lleron ) 

Read the Petition of Robert Kerr praying an alteration in the 
lines of his Patent granted the 25'' September 1754 being found'on 
a Resurvey to run in upon the lines of Horrice Kuykendal's land 

Ordered that the Patent be altered according to the Resurvey by 
William Sims Deputy Surveyor — and Recorded in Book 12 Page 275 

Read several Warrants from N° 1 to N" 334 inclusive and all passed 
except as follows — N" 44 and from of! to N° 95 inclusive 101, 182, 
295 and 324 which wi're not passed. 



At a C'ouncil held in Wilmington 23'^ SeptemVjer 1766 
Present 
His Excellency the Governor 
( -John Rutherfurd William Dry ] 

The Honble Lewis Henry DeRosset Roljert Palmer -Esquires 
( -John Sampson Benjamin Heron ) 

Read Sundry Warrants from N° 335 to N° 723 inclusive and all 
passed, except N° 389, 412, 504, 711— all laid over. 



At a C'ouncil held in AVilmington 24"* September 1766. 

Present 

His Excellency the Governor 

( John Rutherfurd William Dry "| 

The Honble-^ Lewis Henry DeRosset Robert Palmer J-Escjuires 
( John Sampson Benjamin Heron | 

His Excellency went through the Land Office Docket. 



COLONIAL RECORDH. 259 



At ;i Council held ut •Wilmington "27"' Heptember 176<) 
Present 
His Excellency the Covernor. 
( John Rutherfurd William Dry 

The Jlonble Lewis H. DeRosset Robert Palmer ^j 

( John Sampson Benjamin Heron j 

Ordered that no returns are received into the Secretar^'ls Office, 
which contain a greater number of Acres than are mentioned in 
their respective Warrants. 

Ordered, That all Caveats entered in the Secretary's Office against 
Patenting of Lands that are not brought to a hearing by the 2* 
Court after their entry will be dismissed without sufficient cause 
shewn to the contrary and that the person caveating bring proof 
that the Partys concerned have had due Notice — And these two 
orders to be fixed up in the Secretary's Office. 

Ordered, That the Secretary Advertize that all Caveats entered 
before this Court against Patents for Land, not brought to issue [at] 
the Court of Claims in April next will be dismissed. 

Ordered That the''Secretary advertize the Court of Chancery to be 
held at Newbern the 14"" of November next and during the sitting 
of the Assembly His Excellency in Council will hear and determine 
disjiutes respecting Wills and Letters of administration or Guardian- 
ship. 

Ordered that the Secretary Advertize a Court of Claims to be held 
in Wilmington tlie 16* day of April next — And during the sitting 
of the court His Excellency in Council will hear and determine 
Caveats of Land, Wills', Letters of Administration and Guardianshii?. 

Ordered that the Secretary remove to Newbern by the 30"" of Octo- 
ber where the Assembly is to be held, the Council Journals, Chan- 
cery Docket and all papers relative to the Respective ( "ourts to be 
held there. 



[From Tryoxs Letter Book.] 

Letter from Governor Trj'on to the Rev* Mr Daniel Burton, Secretar}' 

to the Society for the Propagation of the Gospel 

Brunswick the 1" October 1766. 

I have had the pleasure to receive by Mr Micklejohn, your letters 
of the 22'' of March, and the 2* of April last; I shall pay the proper- 



260 COLONIAL RECORDS. 



est attention to our Society's recommendation of the above gentle- 
man. The twenty pounds per annum for two years allowed him is 
a donation no less necessary than generous. I am disajipointed in 
not having received the letter you mention to have wrote to me the 
26"' of January past; if it was on business or in answer to a long 
letter I had the honor to send to the Society in July 17G5. I wish 
to have a duplicate of that as well as of all other letters, I may be 
honored with on the subject of a more happy establishment of the 
clergy in this colony. This I re([uest as the conveyance of letters to 
this province is very precarious. 

The Rev'' Mr Morton waited on me last July witli recommendatory 
lettexs from the Rev'' Mr Richard Peters, Rector of Christ Church and 
St Peters', Philadelphia and Mr William Smyth, Provost of the Col- 
lege of Philadelphia. Mr ]Morton informed me he had accepted the 
mission allowed to Mecklenburg county, as offered to him by order 
of the Society, but that he had not received the answer to the letters 
he has wrote on that subject. 

I intend as a rule to mj'self to di.sjiose of the ministers as they 
arrive into those counties where the inhabitants are most willing to 
receive tliem: Those of Mecklenburg county are almost all Presby- 
terians, I have therefore sent Mr Morton at his own request to 
Northami^ton county where I believe I shall establish him to the sat- 
isfaction of that parish; he produced me his letters of ordination 
and licence from the Bishop of London 

The Rev'' Mr Cosgreve waited on me a few days since with j'our 
letter of recommendation from the Society. I have sent him into 
Pitt county but wait to hear, how he and his parishioners agree, 
before I establish him there: He makes fair promises and it will 
give me pleasure to be informed he puts them into practice: The 
credentials he produced before he left this province for England 
were not sufficient to induce me to comply with his request for a 
letter of recommendation to the Bishop of London; however, as he 
has obtained orders, lie sliall meet witli encouragement as long as 
his conduct will entitle him to my countenance, I have great 
expectations from Mr Micklejohn; he is lately gone into Rowan 
county. The two churches of Wilmington and Brunswick will both 
be ready by Christmas for public worship. I am obliged to you, 
Sir, for your intelligence of the annual subscription that would be 
proper for me to give, for which purpose I inclose you an order on 
Messrs Drummond. I desire you will please to present my respects 
to the Society and am &c 



COLONIAL RECORDS. 261 



[From Tryon'k Letter Book.] 



Letter from Governor Trvon to tlie Lord Bishop of London 

Wilmington (>"■ October 1766 

By the honor of your Lordships letter bearing date the first of 
May last I am informed Mr Stevens came before your Lordship for 
ordination and brought him an appointment to the parisli of Wil- 
mington, whicli T believe to be a forgery: In the first ])lace the 
patronage to livings is by the last Clergy Bill implied to be in the 
Crown, which patronage is reserved to the Oovernor for the time 
ieing by his Majesty's instructions; and secondly I cannot find any 
person who acknowledges to have given Mr Stevens such appoint- 
ment. He was a short time in tliis province during which time he 
behaved himself so indiscreetly that I refused to give liim letters 
recommendatory to }'our Lordship. 

Mr Cosgreve also about the same time applied to me for a recom- 
mendation, but as his credentials were not so satisfactory as I could 
wish I declined complying with his request; This gentleman has 
however been successful. 

He delivered me last week Mr Burton's letter notifying his being 
ordained and at the same time he produced letters of ordination. 
I have sent him to Pitt county for three months probation, at the 
expiration of which I propose to establish him in that county, if 
the Vestry report to me his conduct is agreeable to tlie parish. He 
made me fair promises; it will give me pleasure to hear he puts 
them into practice. 

This probation I tliink for tlie interest of the cause of religion in 
these parts, the inhabitants seeming as jealous of any restraint put 
on their consciences as they have of late shewn for that on their 
property: Many persons have industriously .sjiread among the ]}av- 
ishes and vestries that as the patronage to livings is not .specified in 
the above Act, the Crown cannot claim the patronage; some delicacy 
therefore your Lordship I hope sees is necessary in the establishment 
of the clergy here, where the minds of the larger body of inliabi- 
tants thro' the want of the means of culture are incapable of enter- 
taining generous principles of public utility. 

The Rev'' Mr Micklejohn arrived about three mouths since, I sent 
him into the back settlements but have not yet absolutely fixed him. 



262 



COLONIAL RECORDS. 



He was three weeks at Brunswick while Mr Barnett was sick ; I own 
I have great expectations of Micklejohn's being serviceable in his 
calling. It gave me great pleasure to find the Society for propa- 
gating the Gospel in Foreign Parts have considered the two last 
gentlemen who came in here by temporary salaries ; This liberality 
is really necessary to gent" who come bare of fortune, as the parishes 
here seem to expect the parochial duty performed before the stipend 
is paid. Your Lordship's and the Society's endeavours to supply 
the parishes vacant in this province with men of character and 
abilities meet with my warmest acknowledgments, as I have pledged 
my faitli to the province to persuade (as far as lay in my power) cler- 
gymen of character to reside among them ; Men of plain characters 
and exemplary lives are best adapted for the manners of the people 
of this country. The parochial duties are more or less circumscribed 
according to the extent and limits of the respective couniies: Each 
county at present forms but one parish. I shall as occasion offers 
make use of the liberty your Lordship- gives me in representing to 
you th« character of such persons for the future as I know to be 
going from this province to England for ordination. 

I have the honor to be &c 



[From MS. Records in Office of the Secretary of State.] 



A Copy of Captin Richard Pierces 
October the 7'" day 17G6 

Richard Pierce Capt 

John hinnant Lieut 

Charles Wilkinson Enj 

Jacob Yelverton Sr' 

John Richeson Cr' 
' William hinnant Sr' 

Sameuel godwin Cr' 

James Price Sr' 

Edward Price Cr' 

Jacob Gardner 

Laserus gardner 

John Soltor 

beniamin Soltor 



list from the gineral muster on 

Jeremiah Raley 
Arthur Pierce 
James Watson 
David godwin 
thomas Driver 
Sameuel duder 
David baley 
Solomon Johnson 
Richad baylej' 
James Carter 
Charls Carter 
William gardner 
Joseph downning 



COLONIAL RECORDS. 



263 



John haj'ls 
William hayls 
John gardner 
Martha hayls 
Moses Eson 
thomas Davis 
John Johnson 
Gabril Parker 
martha Parker 
Edmun godwin 
Arthur bayley 
Right folk 
Robert foob 
Colemun nickorls 
Everit Pierce 
Jacob Watson 
Jesse Watson 
thomas brigs 
Drury honycut 
fedrick honycut 
Anthony Rayns 
John Rayns 
John odoni 



thomas Price 
W-illiam holloman 
Lewes bryan 
Jeremiah Parnal 
Richard godwin 
John Spence 
Jacob duck 
Isaac Rayley 
moses Powell 
William brigs 
William Wilkson 
Jesse Pierce 
E Phraim Pierce 
thomas folk 
William Richeson 
Zacriah oneal 
beniamin Crafford 
beniamin Johnson 
William warbinton 
Christopher Soltor 
ambros bullard 
Zacriah Lee 
John Lee 
To Col. Saml Smith 



[N. C. Letter Book S. P. G.] 



Letter from AP Stuart to the Secretary 

Bacon Island Road Oct' 7, ITtiO 
Reverend Sir. 

Blessed be God for it since m\' last in April I am much recovered 
from my indisposition and tho' I cannot say I am well (or that I 
ever shall) yet for these three months past I have been able to do 
my duty tho' it has often been upon Crutches and tho' not yet able 
to ride, yet by the assistance of a Chair or a boat make a tolerable 
shift to get about. I have baptized in St. Thomas's Parish, since I 
have been able to go abroad 96 white and 17 black Children and in 
Pitt Countv in one dav 124 white and black children I have been 



264 COLONIAL RECORDS. 



here aud at the little Town of Portsmouth Inlett a few days 

for the bathing in the salt *water aud have baptized twenty seven 
children from the different Islands round me and trust in God if 
the return of the Winter does not bring on the Rheumatism that 
for some time longer I may be useful in my station and most 
gratefully acknowledge the goodness of the Societj^ in honoring my 
drafts, for without their assistance I must have sunk much more of 
my little Interest than I ever have done the Vestry of my parish 
having been so ungenerous that for the whole time of my sickness 
they would not allow me One Penny Salary and tho' the law would 
I imagine have supported my Cause, yet I chuse to part with my 
right rather than make use of the disagreeable remedy the suing 
my parishioners. 

As my circumstances are such that they will not allow me to 
leave the Country and without the societys assistance I cannot live 
in it I must hope if it please God again to afflict me that this 
Bounty will not be withdrawn which will ever be acknowledged by 
Reverend Sir their ever dutiful and vour most obed' serv' 



[N. C. Letter Book S. P. G.] 

Letter from Mr Earl to the Secretary 

Edenton ri'" October 1766 
Reverend Sm 

Since my letter to you of 26'" March last I have baptized in this 
parish 32 Infants and 2 Adults and administered the Sacrament of 
the Lords Supper to 24 Comnmnicants I likewise preached to two 
congregations in Berkley Parrish where the People are destitute of 
a minister and baptized 2(5 Infants and 3 Adults. I Intended to 
have taken another Journey to that parish before this time but 
have been prevented by sickness which confined me to mj- Bed for 
five weeks and through the means of which I am at present so 
weak and reduced tliat 1 can but scarcely walk. 



COLONIAL RECORDS. 265 



[From N. C. Letter Book S. P. G.] 

Letter from Mr. Moir to the Secretary. 

Suffolk in Virginia, Oct' 13"" ITOtJ. 
Reverend Sir. 

Upon finding last November that my bad state of healtli would 
not permit me to discharge the Functions of my office in Northamp- 
ton County I de-sired the Vestry to employ another — They would 
not bring suit against the Sheriff who collected the Taxes tho' the 
salaries for two years and a half were then due to me — After this 
I officiated in several places at the desire of the People but rejected 
the offers of Vestrys. In April last I was importuned to serve in 
Saint Marys Parish Edgecombe County (where I had been many 
years) the A^'estry having paid the money they had sued the Sheriff 
for and promising to lay a new tax for the balance — I signified to 
some of them that I did not doubt of Clergymens Salaries being 
punctually paid from henceforth Governor Tryon having put 
it out of the power of Collectors and Vestry's to play tricks as 
formerly and that I would continue to officiate in the Parish as I had 
opportunity, but was not then in a condition to ride the Circuit of 
so large a Parish as I had done, and that for the recover}' of my 
health was under the necessitj' of sjiending the hot season in 
Great Britain or the Northern Colonies and that I could come to no 
Resolution till I returned in May and set out for New York and 
towards the end of July arrived in Boston where I got rid in a few 
daj's of what afflicted me most to wit a very sharp pain in the pit of my 
stomach — About the middle of August it was extremely hot in the 
City and I had some' slight fits of intermitting fever which brought 
the bleeding of the nose upon me, and being told that Rode Island 
was healthy I went thither and in ten days was perfectly recov- 
ered, after I had been there five weeks and proposed to return 
by waj' of Philadelphia I unluckily sprained my back by trying to 
save myself from a fall out of a chair — As soon as I was able to 
walk I went aljoard the Packet Boat for New York and stayed there 
a Fortnight hoping to be able to endure the Motion of a Horse or 
Chair but finding I could not even walk without great pain I took 
a passage for Suttblk in Virginia. I liave been there three days and 
flatter myself I shall be able to mount a Jiorse in a short time — It 
gave me great joy in the Northern Colonies to hear and see our 



266 COLONIAL RECORDS. 



Clergymen were so regular and diligent and therefore much esteemed 
by their people and shall always acknowledge myself much indebted 
for the kind Reception and usage I had from both — I do not draw 
for my salary being apprehensive I must leave North Carolina and 
sail for Great Britain in the Spring. My constitution is so crazj' that 
I despair of being in a condition to officiate in such large parishes 
I am Reverend Sir, Yours &c. 

-J. MOIR. 



[From Tryon's Letter Book.] 

Letter from (Tovernor Tryon to the Board of Trade 

Newbern 3* December 1766 

On the y of last month the General Assembly of this province 
met and went upon the dispatch of 2>ublie busings. 

In the course of the session the House of Assembly sent a message 
to the Council to invite them to join in an address to his Majesty on 
the subject of the late great indulgences granted to the colonies by 
the King and Parliament, In consequence of this message both 
Houses waited on me desiring I would convey the said joint Address 
inclosed to his Majesty. A duplicate of this address I also send to 
the Earl of Shelburue, recommending it with all humility to his 
Majesty's most favorable reception. 

I prorogued the Assembly yesterday to the 8* of June next after 
the public business was finished with great harmony and satisfac- 
tion ; As soon as I can get the Laws that were ratified this Session 
transcribed with the Journals of the Council and Assembly I shall 
make up my dispatches as commanded and send them to your Lord- 
ships by the first opportunity : when received, I flatter myself this 
session will appear to his Majesty as beneficial as any ever held in 
this province. 

A Bill is passed for erecting an edifice in Newbern for the use of 
the Governor for the time being to be built solely under my orders 
and directions. Another Bill is also passed for erecting a public 
school at Newbern, (the first in this province) and approj^riating a 
fund for tlie support thereof, together with many other usefuU public 
Acts. 

I am with all etc" 



COLONIAL RECORDS. 267 



[Feom Tryon's Letter Book.] 



Letter from Governor Tryon to Governor Lord Charles Montagu at 

Charlestown 

Newbern o"" December 1706 

The inclosed bill to prevent cattle of South Carolina from ranging 
in this government I take the liberty to send your Lordship that the 
inhabitants of your government whom it may concern may not be 
prejudiced thro' a want of the knowledge of .such an act being car- 
ried into execution — I trouble Mr Huger with the care of this letter. 
This gentleman's character and fortune in the province your Lord- 
ship presides over makes it unnecessary for me to recommend him 
to your Lordships acquaintance I am &c^ 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to The Earl of Shelburne. 

Newberxe the 30* December 1766 
I had the honor of receiving on the first of this month j'our 
Lordships letter of the 9"" of August last with a copy of an order 
of his Majesty in Council bearing date the 8"" of the same month 
directing the correspondence of the Governors of his Majesty's 
colonies and plantations in matters relative to their proceedings and 
government to be transmitted to his Majesty by one of his principal 
Secretaries of State and also to transmit duplicates thereof to the 
Lords Commissioners for Trade and Plantations, I beg leave to 
assure your Lordships I shall observe this order as well as all other 
his Majesty's commands the most dutiful obedience 

I am, my Lord, &c* 



[B. P. R. O. America &West Indies. Vol. 270.] 

Letter from John Stuart to Governor Fauquier of Virginia 

Charlestox 24* November 1766. 
Sir 

I did myself the honor to write you the 10* February last favor 
of Peter Randolph Esquire of which I now send a duplicate, 



268 COLONIAL RECORDS. 



altho' I cannot 'doubt of the Original having reached your hands, 
notwithstanding 3'ou liave not been pleased to favour me with an 
answer. 

The Cherokees expected to have heard from me relative to the 
continuance of the Line proposed for dividing the Lands, reserved 
for Hunting Grounds, from the settlements of j'our Province, as 
well as the woman supposed to have been carried away by the 
Nottaways, and T could have wished to have been enabled to have 
said .something to them on those subjects, as I have business of 
importance to His Majesty's service, and the general management 
of Lidian affairs within this Department to transact with them, 
which might have been facilitated by my being enabled to satisfy 
them in such an interesting matter, as ascertaining their Boundary 
Line. 

The Lino behind this Province was compleated last Spring to the 
satisfaction of the Indians as well as the Government, and Gov- 
ernor Tryon of North Carolina agreed to the culmination of it 
behind his Province in a north course from Reedy River, where the 
Line behind South Carolina terminates, to the mountains; and the 
Cherokees propose to have it extended a straight direction across 
the Mountains to Colonel Chiswell's Mines on the great Kannawah 
or New River, which was to have been carried into execution, so far 
as relates to North Carolina, in October last, but the sickness and 
mortality prevailing among the Indians, occasioned the postponing 
of that service to the Spring ; before which time I hope to be made 
acquainted with your determination on this matter so far as relates 
to your Province, for the sense of the Indians please be referred to 
the inclosed talk. 

I lately received from M' Cameron, Commissary in the Cherokee 
Nation, abstracts of the letters w"'' you wrote to M' Hammerer of 28"" 
April and G"" of August last upon Indian Aifairs "My letter of 10* 
February contained a paragraph relative to the Wonian supposed to 
be made Prisoner by the Nottaways, which was partly llie subject 
of your letters to that gentleman. 

The establishment of Commissaries in tlie different Iiidian Nations, 
according to the Idea of the Board of Trade in their plan for the 
future management of Indians, which no doubt was communicated 
to you as well as the other Governors, api:)eared to be essentially nec- 
essary for the preservation of Peace, checking the enormities and 
abuses of the Traders, and transacting business with greater success 



COLONIAL RECORDS. 269 



and certainty with Indian Nations, that I tliought it my duty to 
appoint such Officers, they are paid by His majestj'^, who has been 
graciously pleased not to disapprove of the measures I have pursued, 
I beg leave to represent to you Sir, that transacting business with 
Indians through any other channel than His Majesty's Officers 
employed in the Indian Department must prove prejudicial to the 
service, as having a tendency to lessen the iniiuence and weight of 
the Commissary with the Indians, and to weaken his authority over 
the Traders, by destroying that subordination essential to good Order 
and the due discharge of his duty for which reason I must conclude 
the carrying on business in the respective Nations within tliis Depart- 
ment through any other channel to be contrary to the intention of 
Government in constituting Indian Departments; and as the Com- 
missaries have instructions to pay the greatest attention to any mat- 
ters which the Governors may have to transact regarding their 
respective Provinces; there cannot be an}' apparent necessity for 
subjecting the service to such inconveniencies. 

Your application to Sir William Johnson for procuring, under his 
mediation, a Peace for the Cherokees from their Northern enemies 
he of course communicated to me, as a matter inmiediately belong- 
ing to my Department, as superintendant, my attention to Sir "Will- 
iam Johnson in such affairs always has been and shall be reciprocal. 
I doubt not. Sir, but you was actuated with principles of compassion 
and humanity in taking this step, the same j^rinciples would have 
directed me in contributing to the relief of the Cherokees, l)ut the 
situation of Indian Affairs at that time required that my attention 
should be extended to other objects as well as to their safety and 
conveniency. The Creeks had been for some time dissatisfied and 
insolent; their emissaries had been sounding the inclinations of all 
the neighbouring Tribes to a general rupture; the Cherokees, sore 
from their late chastisement by us, and harrassed by their enemies, 
durst not openly avow their discontent on account of the late mur- 
ders in Augusta County, and the encruachmcnts of the different 
Provinces ; but tliey kept on a secret correspondence with the dis- 
affected Creeks, and a general rupture was planned and greatly to 
be apprehended : in such circumstances I considered it as my dut}- 
to consult the different CJovernors of Provinces immediately contigu- 
ous and connected with the Creeks and equally interested in the 
Affairs of the Cherokees with your Government. It was likewise 
indispensably incumbent on me to submit this matter to the Com- 



270 COLONIAL RECORDS. 



mander iu Chief of His Majesty's Forces. Inclosed you have an 
abstract of General Gage's letter on that subject, as well as the pres- 
ent state of Indian Affairs. 

The discontent of the Creeks is principal!}' owing to the Prices at 
wliich they are furnished with goods by the Traders. This Province 
lowered the Prices of Goods in the Cherokee Nation during the 
Government of M' Glen, since which time all the Traders to that 
Country have been bankrupts, and the Creeks expect the same indul- 
gence, which is impracticable. 

Altho' the opulent Provinces of Virginia and >South Carolina can 
undertake to supply the Indians contiguous to them with Goods at 
such rates as will barely defray the expences of carrying on the 
Trade, yet I should disapprove of such a measure. 

The Creeks, Chocktaws, Chickasaws and small Nations on the 
Mississippi, which are remote from both, will be dissatisfied, if they 
have not Trade upon the same Terms, in w""" they can only be grati- 
fied by the Parliament of Great Britain, the infant Provinces of the 
Floridas and Georgia being incapable of such an undertaking. I 
therefore beg leave to recommend, that the Traders to the Cherokees 
from your Province be instructed not to sell Goods for less than the 
usual Prices settled by this Pro\ance in that Nation, and that it be 
made a condition in the Traders Bonds, when licensed by you, to 
conform to such regulations, as they may from time to time receive 
from the Superiutendant by -his Deputys or the Commissaries resid- 
ing in the respective Nations. 

By last opportunity from West Florida I received dispatches from 
Charles Stuart Esq" Deputy Superiutendant in that District. The 
inclosed abstract of his letter will communicate to you the murder 
of two English Traders by the Creeks; and Go^vernor Johnstone 
writes me by the same Vessel, that a rupture with them is not only 
necessary but unavoidable. 

Upon receiving some former alarming accounts of the insolence 
of that Nation, I had the Honor of writing fully to the Board of 
Trade, and to the Commander in Chief of His Majesty's Forces. 
M' Gage's opinion of the steps to be pursued, in order to bring those 
Indians to reason, are contained in the abstract of his letter already 
mentioned. 

I have communicated the intelligence which I have already 
received, as well as the General's sentiments, to the different Gov- 
ernors. I have sent off instructions to the Commissaries residing in 



COLONIAL UKCOUDS. 271 



the differeut aiations to regulate their conduct at this juncture, and 
I am sending a person properl}^ authorized by nie to demand satis- 
faction of the Creeks, and, in case of a refusal, I shall apply to have 
the Trade to their Nation stopped from the different Provinces ; the 
effect of my demand I shall communicate to you as soon as I can, 
relative to which as well as the other matters contained in this letter, 
I hope to be honored witli your answer, as benefit may therefrom 
result to His Majesty's service by my being informed of what may 
be depended upon from j'our Province, which will help to direct me 
in the measure I am to pursue 
I am respectfullv, &c' 

JOHN STrART. 



COUNCIL JOURNALS. 
[From MS. Records in Office of Secretary of State.] 

At a Council lield at tlie ( 'ouncil Chaniljcr tlie o** day of Novem- 
ber 17(i(). 

Present 
His Excellency the Governor. 
( James Hasell Alexander M'-'CuUoh ^ 

The Honble > Lewis H. DeRos.set William Dry and V Esquires 
( John Sampson Benjamin Heron ) 

The Honble Henry Eustace M°Culloh Esq, api)eared and took 
the Oaths aj^pointed by Law for the qualitioation of Councellors 
subscribed the Test and took his seat at the Board. 

Robert Howe Esquire produced His Excellency the Governors 
Commission appointing laim Captain of Fort Johnston on the River 
of Cape Fear took the Oath appointed by Law for the Qualification 
of Publick Officers, and subscribed the Test. 



At a Council held at the Council Chamfers at Newbern the 7"" 
November 17()(). 

Present 
His Excellency the Governor. 
( James Hasell Alexander M'CuIIoh 



Tii,„ Tj 11 Lewis DeRosset William Drv i ,t-. 

The Honble j^j^^^ g^^^^^^^^^ ^^^^^^ p^^j^^^^. ^^ [■ iEsq 

(^ H. Eustace M'CuUoh Benjamin Heron j 
His Excellency communicated to this Board His Majestys Order 



272 COLONIAL RECORDS. 



in Council for refjealing an Act " Intitled an Act for distributing 
Intestates Estates — Ordered a Proclamation issue to j^ublish the 



At a Council held at tlie Council Chambers at Newbern the 8"" 
day of November 1766. 

Present 

His Excellency the Governor 

( James Hasell Alexander APCuUoh ^ g 

The Hon*"'" ' ^-''^wis LeRosset William Dry I -g 

'i .John Sampson Robert Palmer tt ( o-' 

1^ Henry Eustace M°CuUoh Benjamin Heron J H 

His Excelloncy laid before this Board, the Address of the House 
of Assembly in Answer to his Speech, and his Answer to the said 
Address, desiring their opinion thereon. 

Upon which this Board unanimously declared their opinion, 
That the Charges in the said Address with respect to his Excellencys 
conduct, were altogether indecent, without foundation and unmer- 
ited; and that His Excellenc}^ in his Answer thereto has Governed 
himself with great propriety by the coolest dictates of moderation. 
And as what may be contained in the said Address relative to the 
rights of the Members of this Board constituting a Branch of the 
Legislature, That they will take proper notice thereof in their 
Journals as an upper Plouse of A.ssembly. 



At a Council held at the Council Cliamber at Newbern the 14" 
day of Novemlier 17<)6. 

Present 
His Excellency the Governor, 
f .James Hasell Alexander APCulloli "1 g 

The Hon"' ' Lewis DeRosset William Dry [ -g 

1 John Sampson Robert Palmer &. 

(^ Henry Eustace M°Culloh Benjamin Heron 

His Excellency in pui'suanc'e of an Act of Assembly of this 
Province Intitled an Act concerning Appeals and Writs of Errors, 
administered the following Oath to the members of the Council 
present Viz' 

" You swear that as a Member of the Council of this Province 
you will do right to all manner of persons according to the best of 



COLONIAI. RECORDS. 273 



your judgment and understiindiiii;- of the Laws and Tsiigi's of the 
Kingdom of Great Britain. 

So help .Vnu,(!,)d. 

Mr Chief Ju.stice Hasell reported to His Exeelleney in Council, 
that one Jolm Turner wa.s convicted at hist Halifax Superior Court 
for Hor.se Stealing and now lies under sentence of Death, with a 
reprieve for .?ix months from the time of conviction ; and repre- 
sented him as an object of mercy, lie having been convicted by liis 
own Confession and appearing to have been drawn into tlie Com- 
mission ol the oH'ence and to have otlierwise the Character of an 
honest young man. 

His Excellency taking the same into consideration is pleased 
to order that a reprieve for ninety nine years issue for the said .John 
Turner and tliat the Secretary prepare it accordingly. 

His Excellency then acquainted this Board that an intention liatli 
been communicated to him for carrying a Bill into execution thro' 
tills General Assembly for erecting a Publick Edifice at New Bern 
for the Governor for the time being, and as this measure has been 
recommended from the Crowu, aud will be a means of removing 
those inconveniences Governors of this Province have laboured 
under for want of a Proper Plouse of Accommodation, particularly 
during the setting of the General Assembly and as such an Estab- 
lishment has been made in almost every Colony of tliis Continent 
for their Res])ective Governors, His Excellency recommends all 
due .sui)port may be given to this Bill by His Majestys Council. 



At a Council held at the Council Chamber in New Bern on Tues- 
day tile 18"' Novenil)er 17(i(i. 

Present 
His Excellency the (.iovernor 

f John Rutherford Alex' APCuUuh "l 

ri';, ij Me Lewis DeRo.sset William Drv t^ r., 

Ihe Hon"'" , i , . . i> i ^ i, i ■ ,> ^ Esq"' 

John Samiison Robert Palmer ite ' 

1^ Henry Eustace M'Culloh Benjamin Heron J 
His Excellency proceeded to hear a com[)laint exhibited by several 
of the Inhabitants of St Patricks Parish in the county of Dobbs 
against the Rev'' William Miller setting forth Several Acts of 
Immorality aud ill l)ehaviuur and praying the said Mr Miller maj- 
not be inducled for tliat Parish. — Whereujion hearing and exam- 
voi.. VI I — LS 



274 COLONIAL RECORDS. 



iniiig the evidences and finding the charge against tlio said Mr 
Miller not sufficiently supported and of a trilling nature, His Excel- 
lency' was pleased to recommend the said Mr Miller to the ^'^estry of 
the Parish for a further Tryal of twelve months. 

On motion of Mr Nash in behalf of .James Robinson to set aside 
a Caveat entered by John Burnside against the said Robinson having'" 
Letters of Administration on the Estate of Tliomas Burnside, 

Ordered, That the Caveat be dismissed unless sufficient cause be 
shewn to this Board on Monday next and that letters issue accord- 
inslv. 



At a Council held at the Council Chamber the 24* day of Novem- 
ber ITGtJ. 

Present 
His Excellency the Governor 

r John Rutherford William Dry ■! 

rpi XT 11 Lewis H DeRosset Robert Palmer ^^ 

Ihe Honble ■ t i o i Esquires- 

.John bampson and ' '■ 



[^ H. E. M°('ulloh Benjamin Heron 

John Burnside not appearing agreeable to the order of this Board 

on the 18'" Inst— 

Ordered that the Caveat be dismissed and that Letters issue 

accordingly to James Robinson. 

On motion of Mr Swann on behalf of >Sarah Price widow of James 

Price, Ordered that Letters testamentary issue agreeable to the prayer 

of the said widow to herself and Thomas Price. 



At a Council held at the Council Chamber the 29'" day of Novem- 
ber 1776. 

Present 
His Excellency the Governor 

f John Rutherford Alex'' M'Culloh ^ 

TV w,.,,i.ie I Lewis H DeRosset William Dry | p ,, 

ihe Hon I Johu Sampson Robert Palmer A ' ^'^'^ 



Henry Eustace M'Culloh Benjamin Heron 

Ordered — That no County Court Clerk or Practicing Attorney in 

this Pi'ovince sliall be in the Commission of the Peace for the future 

Ordered that all Commissions not renewed since the demise of 

Governor Dobbs, be rendered invalid after the 1" day of January 

next and that a Proclamation i.ssue accordingly. Viz' 



COLONIAL REC;0RD8. 275 



By His Excellency William Tryon Esiiuirc Captain General and 

Governor in Chief 
A Proclamation 

Whereas a Proclamation was issued u}i(iu the tlemise of Governor 
Dobbs the S** day of April 171)5 commanding all officers both Civil 
and Military to hold themselves continued in their several places 
and employments during mj' pleasure, And whereas the Military 
Commissions in the several Countys throughout this Province have 
not been renewed since my appointment to this Government, 

I therefore think fit by and with the advice and consent of His 
Majestys Council to issue this Proclamation declaring all Military 
Conimissions void and of none effect which were issued before my 
appointment to this Govennnent, that are not renewed by the first 
day of January next. 

Given under my hand and tlie (ircat Seal. of tlie said Province at 
Newbern the «9"' Novenrljer 17(iU. 

His Excellency proceeded to amend and fill up the Commissions 
of the peace and compleated the same for tlie Countys of Anson, 
Beaufort, Bertie, Bladen, Brunswick, Bute, Cai'teret, Chowan, Curri- 
tuck, Cumberland, Dobl)s and Duplin. 

Ordered the Commissions issue accordingly. 

The ^Memorial of Henry Eustace McCulloli, to his Excellency in 
Council liaving been read in the Words — 

"To His Excellency William Tryon Es([\ Governor ttc, in and 
over His Majestys Province of Nortli Carolina in Council — 
"The Humble Memorial >>{' lienry Eustace McCnlbih Shewi'tli 
That your Memorialists Father, your Memorialist and some others 
for whom he is impowered t(.) act l)eiiig possessed Tif sundry Grants 
of Land within this Province, subject to a condition of settlement as 
bj' the said Grants on record in the Secretary's Office', will appear 
your Memorialist in December 1702, a})plie(l to the then Governor 
in Council for directions as to the method of making a return of the 
settlers, and effecting a surrender of the unsettled Lands, Whereupon 
the then (Tovernor by and with the advice of His ilajestys then 
Honble Council, was pleased to appoint and direct Colonel John 
Frohock and Nathaniel Alexander to proceed on Oath and make a 
return of the Settlers on the Lands held liy your Memorialist and 
the others concerned in Mecklenburgh and Anson Counties, and the 



276 COLONIAL REC0RD8. 



Honble Col° John Sampson by a further Order in C'oifncil as to such 
Lands as are held by your Memo" Father in Duplin County. 

That such returns made pursuant to such Orders in Council are 
now ready to be laid before your Excellency in Council, and j^our 
Memorialist on behalf of himself and the other persons for whom 
he is impowered to Act, Is ready and desirous to effect a surrender to 
His Majesty of their said Grants, after resurveying such parts thereof 
as the}' appear respectively entitled to, and may have sold or sur- 
veyed. 

Your Memorialist therefore humbly praj's Your Excellency in 
" Council, to take the premises into consideration, and to make such ■ 
order therein for the i:)urposes aforesaid, as to Your Excellency in 
Council in your wisdom shall seem meet. "And your Memorialist 
as in duty bound shall etc. 

HENRY E. MH'ULLOH. 

His Excellency was pleased to take the'same into 'eonsideratiou 
and to direct the returiis therein mentioned, to be produced, which 
were accordingljf produced and read, "a copy of which His Excel- 
lency was pleased to order to be inserted in these Journals (as follows) 
and the Originals to be lodged in the Secretary's Office. 

North Carolina. 

In pursuance of an Order of Council passed at Newl;)ern the 10"" 
day of December 17()2, for Col° Nathaniel Alexander of Mecklen- 
burgh County, and John Frohock of Rowan County both of the 
province aforesaid, thereby rec^uiring them to take an account of the 
number of white persons male and female, young and old, which 
were without Fraud resident on the several Barronies or Tracts of 
Land mentioned m said order in Council and they to. return said 
amount under their hands and seals and certify the same to His 
Excellency in Council upon their Oaths, as soon as the Nature of 
the xVffair Avould permit, as, by reference being thereunto had, may 
more fully appear. — We the said Nathaniel Alexander and John 
Frohock do hereby certify upon our Oaths, That there was to the 
best of our knowledge resident and settled without fraud on the sev- 
eral Barronies or Tracts of Land hereafter mentioned, in and about 
the month of March in the year 1760, tlie following number of white 
persons, to wit 



COLONIAL RECORDS. 277 



On James M'Cullohs N° West Barrony or Tract of 1'2,.500 Acres of 
Land in the Tract known by the tract N° 4 there were Thirty seven 
white persons settled and resident as aforesaid thereon ill and aljout 
the montli of Ahirch in the year 17(>0. 

On his other Barrony or tract of 12,500 Acres of Land, in the tract 
N° 4 there were forty one white persons settled and resident as afore- 
said. 

On Henry Eustace M°Cullohs Barrony or Tract of 12,500 Acres of 
Land, in Tract N° 4 there were thirty three white jiersons settled 
and resident as aforesaid 

On Penelope M'CuUohs Barony or Tract of 12,500 Acres of Land, 
in Tract N" 4, there were twenty four white persons settled and resi- 
dent as aforesaid 

On John Campbells Barony or Tract of 12,500 Acres of Land in 
Tract N° 4 there were tliirty two white persons settled and resident 
as aforesaid 

On two other Tracts or parcells of Land lying in Anson Count}' 
containing 100,000 Acres, and known by the Tracts N° 7 tfe 8 one of 
which Tracts is Split by Earl Granvilles boundary Line, there were 
fifty seven white persons settled and resident as aforesaid 

In Witness whereof we the said Nathaniel Alexander and John 
Frohock have hereunto .set our hands and seals this 0"" day of Octo- 
ber 1766. 

" NATHANIEL ALEXANDER [Seal] 
"JOHN FROHOCK [Seal] 

Sworn before me this O"" day of October 1766 

ALEX MARTIN J P. 

North Carolina — Ss 

Felix Kenan, of Duplin Countj' in the province of North Carolina, 
Esc^' deposeth and sayeth that he is and for many years past has 
been well acc[uainted with the surveys of Lands belonging to Henry 
M'Culloh Esq' in the said County, and is confident and well assured 
of his own certain knowledge, that there (at le^'st) were one hundred 
and fifteen white persons including men women and children, actu- 
ally and without fraud living and residing within the bounds and 
limits of the said survey on the 25 day of JIarch 1760 and for some 
time before — And he verily believes there are now above twice that 
number residing on the said Lands 

" FELIX KENAN. 



278 COLONIAL RECORDS. 



Sworn to before me tliis 20"' Novemljcr 1766 

JOHN SAMPSON. 

In consequence of the above affidavit and of a former return 
made and sworn to before me, I do hereby return and certify tliat there 
were one hundred and fifteen white persons resident without Fraud 
within the Bounds of Mr M°Cullohs survey in Duplin County on 
the 25"" of March 1760. — whicli return and certificate is made in 
consequence of two orders of the Governor in Council one bearing 
date in Decemlier 17()2 — tlie other in April 1764. 

JOHN SAMPSON. 

His Excellency was tlien pleased to declare that lie would take 
the matters of praj'cr of the said Memorial into consideration and 
signify his pleasure thereon — And ' to Order that Mr Attorney 
General take into his consideration the several papers necessary for 
that jjurpose and report his opinion as soon as may be whether 
such surrender can be made and accepted here — and if so in what 
manner. 

Henry Eustace M'Culloh as Attorney for George Augustus Selwyn 
Esq' petitioned his Excellency that Col° John Frohock and Nathan- 
iel Alexander be directed to proceed under the like directions as 
contained in the aforesaid order in Council in December 1762, to 
take the number of settlers on the said Selwyns two Tracts of 
100,000 Acres each in Mecklenburgh County known by the name of 
the Tracts N° 1 & N° 3 actually and Imna fide resident thereon the 
25* March 1760. 

To which His P^xcellency was pleased to give his As.sent, and to 
order accordingly And further that such returns be made and pro- 
duced to him in Council on or before the 1"' day of May next — 



At a Council held at the Council Chamber at Newbern the 1" 
day of Decemljer 1766. 

Present 

His Excellency the Governor 

r John Rutherfurd Alexander M'Culloh "] 

n-iu tr bie Lewis H. DeRosset AVilliam Dry tt. 

Ihe Hon- j^j^^^ ^^^^^^^^^^^^ j^^^^^.^ p^^l^^^^^. ^^ Esquires 

1^ Henry E. M°Culloh Benjamin Heron J 

His Excellency having been informed that the business of this 

session of Assembly is now finished proposed to this Board the pro- 



(COLONIAL RPXXJRDS. 279 



roguing the said Assembly till the beginning of June next. Ordered 
a Proclamation issue for that luirposc Viz — 

By His Excellency William Tryon Esq' Governor and Com- 
mander in Chief &c. . " 
A. Proclamation 

Whereas the business of tlii.s present Session of vVssembly is now- 
finished I therefore think fit by and with the advice and consent 
of His Majestys Council to prorogue the said Assembly till the 8"" 
daj' of June next then to meet at New Bern for the dispatch of 
publick business, and the said Assembly is prorogued accordingly — 

Given under my hand and the Great Seal of the said Province &c. 

Ordered that Dr John Eustace be reinstated in the Commission of 
the peace for the CVmnty of New Hanover, before the name of 
George Parker. 



[B. P. R. O. America and West Indies. Vol. 370.] 

Letter from John Stuart Superintendant to the Board of Trade 

Charlestown 2'' December 1766. 

I had tlie honor of writing your Lordships fully the 10'" July and 
the 16'" ult. 

I am now to lay before your Lordships an Account of such matters 
as have occurred in the different Nations since I wrote the above 
mentioned Letters. 

Governor Tryon of North Carolina agreed to have the Line divid- 
ing his Province from the Lands reserved by the Cherokees, run & 
marked as proposed by themselves, and was jn-epared to meet them 
for that purpose in Sejjtember according to their appointment, but 
the great sickness and mortality which prevailed amongst those 
Indians, and the near approach of the hunting season induced them 
to postpone that service till the month of April next. 

Lieutenant Governor Fauquier of Virginia has not enabled me to 
give them any answer to their request of continuing the Line behind 
his Province, which I communicated to him the 10'" February last, 
and they express uneasiness at his silence, in their last letter to me, 
of which I send a Copy as well as abstracts of letters from M' Cam- 
eron Commissarv in the Nation, and \l' Price Commanding Officer 



280 COLONIAL RECORDS. 



at Fort Prince George, which will give 3'our Lordships an idea of 
affairs in that Countr3^ 

The Catawbas are reduced to an inconsiderable handfull, not 
exceeding sixty Gun men, a great many of whom with their chief 
were lately in this Town to visit our Governor, with whom they con- 
ferred in the Council Chamber; As I was not present at their Con- 
ference, I must beg leave to referr your Lordships to Lord Charles 
Montagu's account of what jiassed, his Lordship was also visited by 
a small party of Chickasaws, who many years ago deserted their 
Country and settled on Savannah River in this Province, and have 
no connection with their Countrjmien. 

The Nation of Chickasaws have for some time past been exceed- 
ingly distracted by the competition amongst the Traders; some of 
whom from their hatred of Order, so spirited up and worked upon 
their Indian Friends, that several attempts were made upon the life 
of M' Mackintosh the Commissary, of which disorders the abstracts 
of letters herewith will give your Lordships some Idea; notwith- 
standing which they in general contin-ue faithfuU and constant in 
their attachment to us, and may be depended upon, should their 
Assistance at any time be wanted. 

The Chocktaws are generally well inclined and reconciled to our 
interest, altho' the French Inhabitants of New Orleans continue 
their intrigues and endeavour to keep up a Party among them, they 
also continue to trade with them and supply them with Rum and 
Brandy in considerable quantities, in order to put a stop to this 
Traffick, I have proposed that a Post be established with a Sub- 
altern's Command on Pascagaula River, which by stopping their 
boats will effectuallj' put an end to it, and prevent much disorder in 
the Nation. General Gage approves of the proposal and has referred 
me to the Brigadier General of that Dejiartraent. 

The Talks of the principal Choctaw Chiefs to my Dejjuty, of 
which I now send Copies, will point out to your Lordships the 
temper of that Nation, as well as the situation of affairs among 
them: they begin to be very pressing for presents, which were 
annually distributed among them by the French, which expence 
may be gradually saved, and will be rendered less neces.sary by 
their having good Traders established in their Towns under proper 
and wholesome regulations, but would :it this time be of great use, 
especially should we be force<l into a war with the Creek Nation, 
with whom the}- are already warmly engaged. 



COLONIAL RECORDS. 281 



In my letter of 24"" August 1765, I had the honor of submitting 
to your Lordships an estimate of the Presents that would be neces- 
sary for a Meeting of the Chocktaws, Chickasaws and small Nations 
on the Mississippi, and it will be incumbent upon me to endeavour 
by the best economy to moderate the other contingent expenses 
attending such a measure. 

The small Tribes round Lake Pontchartrain and Maurepas and 
living on the eastern banks of the Mississippi are open to the French . 
Traders and their macliinations, yet of late their behaviour has 
been inoffensive, and while M'e retain the friendship of the Choctaws, 
they can always be awed into good order, a commissary. Armourer 
& Interpreter for them, to reside at Fort Bute, will be extremely 
necessary; for they will have it in their jjower to render the naviga- 
tion of the Mississijij^i ver}^ difficult, if not impractical )le. 

This consideration suggested to me the Advantage, which miglit 
arise to his Majesty's service from collecting the scattered remains 
of the Natchez, and giving them a settlement in their own Countrj'^ 
again. There may be from 150 to 200 Gun men of them remain- 
ing in the Cherokee, Creek and Chickasaw Nations; they still retain 
their language and customs, as well as the strongest resentment 
for the expulsion, and in a great measure the destruction of 
their nation by the French. T likewise encouraged the Pascagarda 
Indians to return to their old settlemen t on the River of that name, 
the French, ujion the evacuation of that part of Louisiana, enticed 
them away, but failed in performing the promises which they made 
them ; they attended at the Congress in "West Florida and desired 
permission to return again, which INP -Johnstone had no objection to; 
these consist of about 130 men bearing arms. 

A Party of Alibamon Indians who for many years were incor- 
porated with the Creeks, left that Nation upon our taking possession 
of AVest Florida; they were permitted to settle upon Tombeckby 
River, but upon the war between the Creeks and Choctaws breaking 
out, they were insulted by both Parties, and are extremely desirous of 
a settlement remote from both. They applied to us for protection, and 
expressed to my Deputy an inclination to go and settle on the Banks 
of tlu' Mi.ssi.ssipjii. 

The Nation of Arkansas living on tlie western side of the Mississippi 
have repeatedly expressxl their dis^ntisfaction at their treatment by 
the French, and an inclination for moving to our side, no Nation of 
In<lians bear a better cliaracter for gqllantry and generosity than 



282 COLONIAL RECORDS. 



this littk' Tribe, consisting of about 220 Gun men. Tlie French 
have a Fort and settlement in their Country, notwithstanding which 
all the authority and influence of the French Commandant could not 
prevent their shewing every mark of friendship to our Troops and 
Oflicers in their passage to the Illinois. 

The Arkansas, Natchez and Alibamons so settled wuuld amount 
to about 570 Gun men. They would sit down free from any attach- 
ment to"the French, or Spaniards and under obligations to us; they 
would not consider themselves as Proprietors of the Lands; Ijut set- 
tled upon them by His Majesty's permission and consequently l)e 
free from that jealousy which distracts the other Nations; joined 
with the faithfull Chickasaws and Pascagoulas they would form a 
Body capable of aiding not only the other small Tribes, but even 
the Choctaws and larger Nations ; they would secure to us the navi- 
gation of the jMississippi with safety and bo a strong barrier against 
the incursions of the Avestern Tribes in the interest of the French 
and Spaniards and bv drawing off the Alibamons and Natchez still 
remaining in the Creek Nation, would weaken and render these less 
insoleut, concerning wliich I hope to be honored with your com- 
mands, and if my ideas meet with your Lordships aj)proljation I 
shall as soon as possible take stejDs for carrying it into execution. 

In the letter which I had the honor of writing j'our Lordsliips the 
IG"" ultimate I communicated what intelligence concerning the 
Creeks I received from AA^est Florida, and the steps I proposed to 
take in consequence ; since which I learn that upon application from 
Governor Johnstone and my Deputy in his, Province, to those Indians 
to obtain satisfaction for the murder of Goodwin and Davis (two 
English Traders to the Chickasaw Nation) thej' had put the Ring- 
leader of the murderers to death, and were in pursuit of the rest ; I 
have also received from the Lower Creeks an answer to the demand 
which jointly with Governor Wright, I made for satisfaction for the 
murder of some back-settlers of Georgia 14 months ago. 

Governor Grant has lately received a fresh supply of Presents, 
and proposed that he and I sliould invite the Lower Creeks to 
meet us early in the Sjjring at Picolata in his Province; I have 
given it as my opinion, that the proposed meeting be postponed till 
the results of our demands for satisfaction be certainly known, and 
our differences with them settled, the hunting season will necessarily 
c^use a delaj' of all transactions and negotiations with the Indians 
till the Spring,-as they are all in the Woods at this time and will not 



COLONIAL RECORDS. 



283 



return to their villages before the end of March, or beginning of 
April, before which time we shall be able to judge of the Propriety 
of the Meeting proposed with more precision. It is reported that 
the C'hickasaws and Chocktaws jointly have destroyed some Creek 
Towns, whicli agi'ee with the intelligence contained in the aljstract 
of M"" Price's letter. 

1 have the honor to be &c" 

.JOHN STUART. 



[N. C. Letter Book S. P. G.] 

Mr. ^^'oodmason's Account of North Carolina made in 1700. 

A List of the Counties in North Carolina with the number of mem- 
bers each send to their General Assemblies. Which counties (by 
a late act) are raised into Parishes and endowed with £100 Stg. 
per ann" for an Incumbent charged on the Public Treasury and 
under the Patronage of the Lord Bishop. 







TAXABLE PERSONS 
IN EACH COUNTY 








NAMES. 


(l. E. WHITE MEN 
ABOVE 18 CAPABLE 
OF BEARING ARMS.) 


NO. OF 


MEMBERS. 


Anson 

Beaufort i 

Bertie 


800 

742 

1034 


2 
2 
3 





Bladen 
Brunswick _. 

Bute 

Carteret 

Chowan 

Craven 

Cumberland . 

Currituck 

Dobbs 

Duplin 

Edgecombe -- 

Granville 

Hallifax ___. 

Hertford 

Hyde 

Johnston 



1244 

186 

200 

541 

745 

1175 

652 

709 

954 

1085 

1207 

2882 

2029 

1393 

604 

899 



284 



COLONIAL RECORDS. 



A List of the Counties, &c. — Continued. 



TAXABLE PERSONS 
IN EACH COUNTY 
(l. E. WHITE MEN 

ABOVE 18 capable; 

OF BICARIXG ARMS.)! 



NO. OF MEMBERS. 



Mecklenburgh 

New Hanover 

Northampton 

Onslow 

Orange 

Pasquotank 

Pitt 

Rowan 

Tyrrill 

TOWN 

Bath 

Brunswick 

Edenton 

Hallifax 

New Bern 

Salisbury 

Wilmington 

Tarborough 



Till 
44f) 

1109 
978 

2699 
8o0 
741 

148(3 
99G 



29706 wliich at 4 
to a family (deduct- 
ing the Heads orl 
Taxables) are 119,- 
164 Souls & but 
one or two clergy 
of the Church of 
England among 
them. 



Total - 



75 Members. 



As to North Carolina, the state of Religion therein is greatly to 
be lamented — If it can be said there is any Religion or a Religious 
person in it. A church was founded at AVilmington in 1753, another 
at Brunswick in 1756 the Walls of each are carried up about 10 or 
12 feet and so remain. Gov"' Dobbs used great endeavours to get 
these Buildings finished and to lay out Parishes — But lived not to 
effect it — But the present Governor has got an act passed for a 
churcli to be built in each Parish or district and church mattei's set- 
tled on the plan of S° Carolina — He has given public notice here 
to the clergj' — Inviting them to come abroad promising of them 
his protection encouragement and support: at the same time men- 
tioning what numbers of Sectaries over spread the country & the 
danger that not only the church Established but even Religion 
itself will be totally lost and destroyed if not quickly attended to. 



COLONIAL RECORDS. 285 



Here is an opening — a large Harvest for all that are sincerely dis- 
posed to act for the Glor}' of God and the Good of Souls. How 
many thousands who never saw much less read or ever heard a 
chapter of the Bible ! How many ten thousands who never were 
baptized or heard a sermon? and thrice ten thousand who ne\er 
heard of the name of Christ, save in curses and execrations! 
Lamentable ! Lamentable is the situation of these people, as to 
spirituals, even beyond the power of words to describe. 

There are two or three Itinerant Ministers in the northern i)art 
(or Lord Granville's Division) of the Province and several small 
chapels are built in that district — But not a church or Minister in 
any one Town of this Province Maritime or Liland. 

In the Back jDart of this Country between the heads of Pedee & 
cape Fear Rivers is a District of 12000 acres formerl}' granted to 
Whitfield and by him sold to Count Zinzendorft — It is very rich 
Land situated just at the foot of the Lower Hill and where the 
springs take their rise, that form these great Rivers above men- 
tioned. The spot is not only Rich fertile & luxuriant but the most 
romantic in nature. Sir Philip Sidney's description of Arcadia 
falls short of this real Arcadia Georgia Circassia Armenia, or what- 
ever region it may be compared too. To this spot Zinzendorft 
transplanted his HernhiTtters ; who being joined bj" others from 
Pennsylvania & elsewhere now form a very large and numerous 
bod)' of people acting under their own Laws and ordinances, inde- 
pendent of the community constitution or Legislature, in and over 
of them. They are a set of Rrcalntct< among the people o'f Israel — 
Forming a distinct body different in all things from all people — 
Here they have laid out two Towns — Bethlehem & Bethseda; 
delightfully charming ! Rocks Cascades Hills "Scales Groves Plains 
Woods Waters all most strangely iutermixt, so that imagination 
can not paint any thing more vivid. They have Mills Forges Fur- 
naces Potteries Founderies all Trades and things in and among 
themselves — Their manners are not unlike the Diinkers of Pennsyl- 
vania. Like them they have all things (save women) in common, 
and receive to their community persons of all Nations Religion ife 
"Languages. They are seated near some valuable cojiper mines 
from which they draw great advantages; and having all things 
free, setting all hands at Work according to their ability (for they 
are all Bees not a Drone suffered in the Hive) what they do not 
consume they sell in the adjacent Territory, receiving for their Meal 



286 COLONIAL RECORDS. 



Flour Earthen ware Peach Brandy whiskey Tools of L'on & utensils 
of copper wood & Turnery wares &c. &c. Deer Skins Fox Otter Rac- 
coon and other furs & Peltry — These they send off to Virginia on 
the one hand and into South Carolina on the other, receiving in 
return Rum Sugar Linen & Woolen Goods Pewter & Tin wares and 
other necessaries. 

Africk never more abounded with new Monsters than Pennsyl- 
vania with New Sects who are continually sending out their 
Emmissaries around — one of these parties known b}^ the Title of 
New Ligldx or the Gifted Bretlnrn (for they pretend to Lispiration) 
now infect the whole Back country and have even penetrated 
South Carolina — One of C. Ws strongest endeavours must and 
will be to disperse these wretches which will not be a hard task as 
they will fly before him as chaff — Some of them lately killed a 
travelling Person and cut him into atoms singing Hymns making- 
processions and Prayers and offering up this inhuman sacrifice to 
the Deity as an acceptable oblation. Six of them were secured and 
brought down to Charles Town where they were kept Six months. 
During which period not all the expostulation reasonings & remon- 
strances of our Gentry & clergy could make any impression on 
their diabolical minds or bring them back to reason or reflection — 
One of the principals was hang'd and that made im2)ression on 
them, and after some Months confinement they showing marks of 
penitence & contrition were banished the Province. 

Lately they took another extraordinary stej» Fui' after deluding 
a Rich Planter, wasting his substance and i)erverting his under- 
standing — One of their Teachers pretended to work ^liracles and 
declared that he had power equrvl with Christ and that God had 
given him authority even to raise the Dead — and that to evince 
his assertion he would raise the first Dead Body they should meet 
with. The bigoted Planter had not such strong faith but that he 
called on him to realize his assertions — this now pleased the X'illain 
and put him on a scheme how to deceive his votary and bring him- 
self off — So one of the Fraternity was procured & promptly he 
tried to counterfeit himself dead & to revive on certain Prayers &, 
Breathings being uttered over him — accordingly this abominable 
farce was play'd. The fellow lay as dead — The pretended prophet 
prays anoints, exercises and calls on the seemingly inanimate 
Wretch to arise — But whether the fellow kept his breath so long as 
to suffer suffocation or the exorcist made his cunjurations too long 



COLONIAL KKCOUIXS. 287 



certain it was the \\'ieke(l W'reteli was really ,i;one. and liy playing 
the Fool too well was with great ditheulty reeovered — The person 
thus irajiosed on was M' Skinking Moon' of Little River, the Bound- 
ary between the two C'arolinas. This Moore was always reckoned a 
sensible man nor was his senses so far darkened by these factinations 
but for him to perceive some gross delusions some great deceptions. 
These children of Satan gave out that the party was in a Trance — 
and they would have persuaded the unhappy victim, to have 
uttered blasphemies and prophesies, as matters revealed to him, 
while his Houl had left the Body, & till the reentering his Hous of 
Clay. But the poor Sinner's pain had been so great & the sense of 
his Guilt bore so heavily on his mind, as to make him confess the 
whole cheat to M' Moore & thereby recover him from his Lethurgy 
but not to his Estate which he liad so foolishly lavished on them. 

The most zealous among the Sects to propagate their notions & 
form establishments are the anabaptists. When the Church of Eng- 
land was established in Carolina the Presbyterians made great strug- 
gle but finding themselves too weak, they determined to effect that 
by cunning (the princii^les they work by for the}' are all Males) 
which strength could not effect — Wherefore as Parish churches were 
built only along the Sea coast the}' built a sett of Meeting Llouses 
quite back behind in the interior parts. Imitating the French — who 
by making a chain of Forts from Can'ida to Louisiana endeavour'd 
to circumscribe the English & prevent the extension of their Trade — 
So did the Presbyterians with our Church — If they could not sitji- 
prex!^ they would cramp the jjrogress of the Liturg}- and church 
established — and accordingly did erect Meeting Houses as afore- 
said — None of the Church opposed them and the Almiglity by tak- 
ing these people in their craft have suffered them to fiill into the 
Xett they spread for others. For the Anabaptists of Pennsylvania 
resolving themselves into a Body & detei-mined to settle their jirin- 
ciples in every vacant quarter began to establish Meeting Houses 
also on the Borders — And by their address and assiduity have 
wormed the Presbyterians out of all these their strongholds ct drove 
them away — So that the Bapti.sts are now the most numerous & 
formidable body of people which the Church has to encounter with 
in the interior and back parts of the Province & the antipathy 
that tlie two Sects bear each other is astonishing — 

^^^lerefore a Pre,sb}ierian would sooner marry ten of his children 
to Members of the Church of England than one to a Baptist — The 



288 



COLONIAL RECORDS. 



same from the Baptists as to the Presbyterians — their rancour is 
surprising — but" the Cliurch reaps great good by it and thro' tlieir 
jealousies gains ground on them very fast. But tlie Baptists have 
great prevalence & footing in North Carolina & have taken such 
deep root there that it will require long time and pains to grub up 
their layers. 

The manners of the North Carolinians in general are vile & cor- 
rupt the whole country is a stage of debauchery dissoluteness & cor- 
ruption, and how can it be otherwise? The people are composed of 
the Outcasts of all the other Colonies who take refuge there — The 
Civil force is hardly j'et established — But they are so numerous — 
The necessaries of Life are so cheap & so easily acquired & propaga- 
tion being unrestricted that the increase of people there is inconceive-. 
able even to themselves — 

Marriages (thro' want of Clergy) are performed by every ordinary 
Magistrate — Poligamy is very common — Celibacy much more — 
Bastardy no disrepute, Concubinage general. When will this 
Augten Stable be cleansed ! 



[Enclosed in Governor Tryon's Letter.] 

A Return of the Lists of Taxables in the Province of North Carolina 
for the year 1766. 



WHITE MEN 
TAXABLES 



BLACKS & TOTAL 
MULATTOES | NUMBER 
MALE & FE- OF TAX- 
MALE ABLES. 



Anson 


"432 

"229 

1172 

460 

616 

1391 

900 


476 

1177 

967 

, 269 

, 1082 

1298 

387 


786 


Beaufort 

Bertie 


90S 
1745 


Bladen 

Brunswick 


1262 
1406 


Bute _ - 


2139 


Carteret _ _ _ _ _ 


729 


Chowan _ _ _ _ 


1698 


Craven 

Cumberland 


2689 
1287 


Currituck _ 


875 







COLONIAL RECORDS. 



289 



A Return of the Listw of Taxap.lks — Coiithniiil. 



COUNTIES. 



WHITE MEN 
TAXABLES 



BLACKS & • TOTAL 

MULATTOES | NUMBER 

MALE <t FE- : OF TAX- 

^^ALE. ABLES. 



Dobbs 

Duplin 

Edgcomb 

Granville 

Halifax 

Hertford 

Hyde 

Johnston 

Mecklenburg 
New Hanover 
Nort-hamj^ton 

Onslow 

Orange 

Pasquotank _ 
Perquimans _ 

Pitt 

Rowan 

Tvrrell 



1211 

883 



926 



430 
1003 

507 



3324 
740 
527 

798 

'634 
16183 



(i43 
359 



809 



280 
511 

1531 



649 

606 

1(117 

47(t 

'386 

12923 



1854 
1242 
2066 
1735 
2894 
1667 
716 
1514 
1461 
2038 
2497 
■ 1192 
3973 
1346 
1544 
1268 
3059 
1020 

48610 



BOARD OF TRADE 
[B. P. R. O. Journals B. T. Vol. 74. 



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

Saturday August 9 1766. 
Present 
M^ Eliot >P Roberts 

M' Fitzherbert. Lord Palmerston 

[P. 300.] 

Several letters and papers received at various times from the Gov- 
ernors of His Maj. Colonies & Plantations were laid before the 
Board and ordered to be entered on the respective Books to which 
they appertain. 

VOL. VII — 1 9 



290 COLONIAL RP]C;oKl).S. 



[P. 320.J 

Letter from William Tryoii Esq. (Jov'' of North Ciiroliua dated 27 
Jaii'^ 1766 relative to the temporary Hue of partition between that 
Province & So. Carolina and the line of partition between the lands 
belonging to the Crown and those marked out for Earl Granville 
& including Five plans respecting the said Line.s. 

Letter from Gov' Tryon dated 1 Feb 1766 relative to M' Simp- 
son's trial tlie seizure & condemnation of two Vessels, calling a 
New Assemljly. Chief Justice Berry's death, state of the Council 
and the Stamp Act. 

Letter from Gov' Tryon dated April oU, 176() relative to M' 
Wyley's Survey of tlie Catawba lands and the Forts in tliat Prov- 
ince 

Letter from Gov"' Trj'on dated 30 April 1766 relative to the con- 
duct of Chief Justice Hasell & Judge Moore, the trade of the 
Province, prorogation of the As.sembly and clearance of ships with- 
out stamped paper. 

Letter from M' Houston to Gov' Tryun April 21, 176<) respecting 
his Commission of Distributor of stamps 

Letter from M' Hughes Comm"' of the Dock Yiird at Portsmouth 
to Gov' Tryon dated 27th April 1765 concerning some fine plank 
sent to him l.>y the (iov' 

Minutes of Council from 3 April 1765 to 26 Feb. 1766^ also 
from 7 April to 28 Nov. 1764 Journal of tlie Up. House of Assembly 
in Nov. 1764 and of the Lower House in Nov. 1764 

Letter from Gov' Tryon dated 6 May 1766 relative to the beha- 
viour of Col. Thos. Lloyd who was reconmiended by the Gov' to be 
of the Council 

Letter from Phil. Stephens Esq. Sec'^ to the Lords of the Admi- , 
ralty to M' Pownall dated 21 April 1766 acquainting him that M' 
Simpson had surrendered himself to (iov' Tryoii A: had been tried 
& acquitted. 

Letter from the Bishop of London to the Board dated 1 March 
1766 containing his opinion relative to an Act for the establishment 
of an Orthodox clergy in North Carolina. 

Thursday November 6* 1766 
Present 
Earl of Hillsborough 
M' Roberts M' Fitzherbert. 



COLONIAL KECOKDS. 291 



[P. 377.] 
The yecretary kid before the Board several letters and papers (the 
titles of which are as follow) received from the Governors and other 
Chief Officers in His Maj. Colonies and elsewhere since the adjourn- 
ment of the Board on 3"* Sept. and the said letters & papers having 
been read, it wa.s ordered that copies of several of them not appear- 
ing to be duplicates of what may have been transmitted to the Sec- 
retary of State should be made to be communicated to the Earl of 
Shellxirne and that the Secretary should transmit .such copies to his _ 
Lordship's Secretary for tliat jiurpose 

[P. 393.] 

Letter from Gov' Tryun dated 1" Aug. IKiC) relative to the present 
state of defence of that Province 

Return of the Garrison of Fort Johnston •Jii"' A}iril ITtili 

Return of Artillery stores tt ammunition at Fort .Johnston •2(i"' 
Ap. 176<> 

Return of tiie Arms & Accoutrements nt Fort Jolmston oii'" A](. 
1766. 

Letter from Gov. Tryon dated 2'' Aug ITiii; concerning tlie receipt 
of his instructions, scarcity of corn, state of the Council and ]>ersons 
proper to supply vacancies, temper of the people, increase of settle- 
ments — removal of some of the Tuscaroras and Ca])t. Dalryn^jile's 
death. 

Copy of an Address of the Corpoi'ation of Wilmington to the Gov' 
on the repeal of the Stamp Act & of the Gov'" Answer 

Copy of a letter from the Mayor itc. <>f Wilmington to the Gov- 
ernor and the Gov'" Answer. 

^linutes of Council 28"' June 17i>(i 

Letter from Gov' Tryon dated 2'' Aug. 17(i(> transmitting 

Account of Patents "-ranted for Lands durinij,- his admini.stration 



[Fkom MS. Records in Office of Secretary of State.] 

LEGLSLATIVE JOl'RNALS. 

North Carolina — ss. 

At an Assembly begun and held at New Bern the 30"' of ( )ct<iber 
in the vear of our Lord one thou.sand seven hundred and sixtv .six 



292 COLONIAL RECORDS. 



and continued by Prorogation until the 3'' day of November follow- 
ing in the seventh year of the reign of our Sovereign Lord George the 
third by the Grace of God King of Great Britain (fee" being the first 

Session of this Assembly. 

In the Upper House 
Present 

f James Hasell Alexander ^PCulloh "j 

rm TT 11 Lewis DeRosset William Drv t^ „ 

Ihe Honble j^j^^^ Sampson Robert Palmer & | ^^^ 

1^ Henry E. M°Culloli Benj' Heron J 

The House appointed Hawks Mace Bearer and Edward Saul Sergt 
at Arms to this House in the room of Richard Jones deceased and 
John Springs removed — 

Then the House adjourned till 10 "Clock tomorrow morning — 

Tuesday jNIorning 4"" November 17<>'). 
Tiic House met according to adjournment. 
Present 
( James Hasell Alexander M'Culloh "] 

Tbp Hon"' ' Lewis DeRosset William Dry ' F'^nuires 

the Hon I John Sampson Robert Palmer , l^squnes 

1^ Henry E iNPCuUoh Benj" Heron J 

Jolni Burgwin produced to this House His Excellency the Gov- 
ernors Commissions appointing him the said John Burgwin Clerk of 
this House, which was ordered to be read, the same was accordingly 
read and the said John Burgwin took the several oaths by Law 
appointed for the qualification of Public Officers and subscribed the 
Te,st. 

Then His Excellency the Governor came to this House and was 
pleased to command the immediate attendance of the Speaker and 
Assembly in the upper House, who accordingly attended — And 
then His Excellency was pleased to deliver to both Houses the 
following Speech ^'i/,' 

Honble Gextlemkx, ^Ik Speaker .\xi> Gkxtlk^ien oi' the House 

OF Assembly. 

I have been prevented by many evident reasons from earlier meet- 
ing of you, since his Majesty honored me with the appointment to 
the Government of this Province a trust of so great Honor and 



COLONIAJ. RI'X'()IIDS. 293 



importance, that iiotliiiig diffident tis I am of my own Abilities, but 
the powerful inclination, I feel to render my services acceptable to 
His Majesty by making them beneficial to this Colony could encour- 
age my endeavours in the discharge of so high an office. 

I have now Gentlemen the pleasure to acquaint you that four 
Acts of the last Session of Parliament have been transmitted to me. 

The first, for securing the just dei)endancy of tlie Colonies on the 
Mother Country, 

Second, For the repeal of the Act for granting certain stamp 
duties in America 

Third, For indemnifying persons who liave incurred certain pen- 
alties inflicted by the preceding Act Ac" 

Fourth, For opening and establishing certain Ports in the Islands 
of Jamaica and Dominica and for other purposes set forth. 

Printed copies of these several Acts I shall order to be laid before 
j'ou as also by his Majesty's Command the Resolutions of the House 
of Commons, these will shew you the sense of the House on these 
points. 

The moderation and Paternal care of His Majesty for the Colonies 
and the unbounded leuitj' and indulgence of the Parliament so 
signally displayed in those Acts cannot but dispose the Inhabitants 
of this Province to the most cheerful obedience to the Legislative 
Authority of Great Britain and to the Sentiments of the most 
respectful gratitude to his Majesty and Parliament for such peculiar 
indulgence and condesension. I am even authorized to say that so 
full of true magnanimity are the seutiments of both and so free 
from the smallest colour of passion or prejudice that they seem dis- 
posed not only to forget but to forgive those marks of our undutiful dis- 
jjosition testified in the late transactions of the Colonies : animated hy 
those glorious sentiments of His Majesty and the British Parliament, 
I am happy to follow such .shining examples in relation to the Public 
distractions I myself unhappily experienced. 

I am persuaded it will be the- glory of this Assembly to adopt 
and imitate those sentiments of the British Parliament, founded on 
the clearest principles of humanity and justice; what conduct and 
behaviour you Gentlemen should observe on this occasion I will 
leave to the candor of such whose principles are actuated by those 
noble virtues, generosity, honor and gratitude. 

I am to acc[uaint you Gentlemen of an Indian Petition delivered 
to me last Summer hx a Sachem of the Tuscarora Tribe settled in 



294 COLONIAL RECORDS. 



the Mohocks Country, for the removal of the Tusks Inhabitants of 
Bertie County, As their request was made agreeable to the Inclina- 
tion of S' W" Johnston and with the approbation of Mr .Stewart 
Superintendant of Indian Affairs, I granted the Chief permission to 
conduct as many Indians as are willing to accompany him to join 
the Six Nations, leaving the merits of the petition for the delibera- 
tions of this Assembly; As my correspondence with the late Atty. 
General will best explain my sentiments on this Business I shall 
order that correspondence and the Indian Petition be laid before 
you, requesting your assistance and concurrence therein. 

Gentlemen of the House of Assembly', 

L^pon a review of the several establishments of Public Employ- 
ments in this Province I am of opinion some of the emoluments 
are inadequate to the services required from the Officers employed 
in them; I will instance at present, that of the Sheriffs; A SheriflF 
as an Officer of the Revenue, and being vested with many executive 
powers, holds an employment of great Trust and importance: how 
far this Trust has been executed with fidelity and punctuality in 
many Counties, the Treasurers Accounts will certify. I therefore 
submit it to you as a remedy to prevent the future neglect or embez- 
elment of Sheriffs, to double the Commission now allowed on their 
Collection of Taxes out of which a stipend for a Deputy might be 
allowed; such an establishmeiit would place the Sheriff upon a 
proper respectable footing and induce Gentlemen of the just probity 
and most responsil^le to offer tliemselves as candidates for that 
active and important Office. I am persuaded and hoj^e you will 
concur with me in opinion that the office so established and filled 
will give more general relief to the Inhabitants as well as credit to 
this Country, and» wliat is of no small consideration, bring more 
money into the Treasury. 

I must next Gentlemen recommend to your most serious consid- 
eration the State of your Public Funds in order to ascertain the 
real sum in tlie Treasury, to point out some form by which the 
Treasurer may be directed to specify in their Accounts the receipts 
and expenditures for the current or contingent services annually, as 
also what sums remain iii the Treasury as well as what is due 
from the respective Officers of the Public Receipts. An inspection 
and regulation !of this kind would introduce order and certainty 
into the Public Accounts which must give great satisfaction to the 
Country in Cieneral and to those Counties in })articular wliose Taxes 



COLONIAL RECORDS. ' 295 



though regularly collected and paid in have yet been .obliged to 
share the burthen of the deficiencies of others, either not fairly col- 
lected or misemployed. 

The resolve of the Legislature for tlie Military Establishment of 
Fort Johnston having expired some time since, I ordered upon the 
Credit of the Public that Establishment to be continued together 
with some necessary repairs to the works, the disbursements on 
which shall be laid before you. The Artillery and Stores of this 
Fort being too valuable not to claim the attention of the Public, and 
as a larger Body of Men than was voted by your last Resolve is 
really necessary for the preservation and security of the same, I 
should recommend and wish to see the Establishment augmented 

Many of the Public Acts being near expired, I leave the propriety 
of entering into the consideration of them at this time to your 
Judgment The system of the Court Laws are found by experience 
to be on so good an establishment, and afford so easy and regular 
administration of Justice under the present situation and circum- 
stances of the Country that they appear to want nothing to give 
them a greater efficacy and dignity but a longer duration with hand- 
some Salaries api^ointed to the assistant or Associate Judges for such 
Gentlemen of the Law as may fill those offices. 

Other matters which will be the subject of your consideration I 
may have occasion to communicate to you in the course of this 
Session. 

Honorable Gentlemen and Gentlemen of the House of Assembly, 

The Harmony and good understanding that so generally subsists 
in all ranks through this Province gives me the most sensible satis- 
faction as it affords me the most pleasing prospect of a happy issue 
to this general meeting, and that the business of this Session will be 
carried on with temper, unanimity and dispatch. 

On motion, ordered that His Excellencj'S Speech be read, which 
was accordingly done, and then on further Motion the House 
Resolved itself into a Committee of the whole House to take into 
consideration His Excellency's Speech and chose for chairman the 
Honble William Dry Esquire who took the chair accordingly — 
after some consideration the committee came to several Resolutions 
and then on motion the Llonble Mr President resumed his Seat. 

The Chairman reported that the Committee had taken under con- 
sideration the subject matter of His Excellencys Speech and pro- 



296 • COLONIAL RECORDS. 



posed certain heads for an Address iu answer to the said Speech 
which he laid before the House and was agreed to, and the Honble 
Robert Pahner and Benj" Heron Es(i'' Avere appointed to draw up an 
address accordingly. 

On motion, ordered that next Friday be set apart for the consid- 
eration of the standing rules and Orders of the House and for gen- 
eral amendments of the same. 

On motion, Resolved that the Honble Lewis DeRosset and John 
Sampson and Henry Eustace McCuUoh be appointed a Committee 
of this House to meet a Committee of the Assembly to consider of 
the decorum'hereafter to be observed between the two Houses and 
of the sums to be allowed to the Clerks and others in future Esti- 
mates, and report the same, which after being agreed to by this 
House and the Assembly and entered on the respective Journals 
thereof shall be the rules to be observed for the future as to the 
decorum of the two Houses and for making out the Estimate &c, 
And ordered that tlie following Message be sent to the Assembly, 

Mr Speakek and Gentijofen of the Assembly, 

As this House have nothing more at heart than the preservation 
of that good order and harmony which every friend of the Public 
must wish to see subsist cordially between the two Houses, We 
have taken into consideration a former proposal of appointing Com- 
mittees to establish the decorum of the same, and have appointed 
the Honble Lewis DeRo.sset, John Sampson and Henry E. M'Culloh 
Esq' a Committee of this House to consider and Rei^ort upon the 
Decorum to be observed in the future transacting of the Public 
Business, between the two Houses ; and also as to the sums that 
shall hereafter be allowed on the Estimates for the Extra Services of 
the Clerk and the Clerks of the several Committees and other Clerks 
occasionally employed, which after being concurred with by the two 
Houses and entered on tlie respective Journals thereof, shall be the 
rules t<i be observed for the future as to their decorum and for 
making out their Estimates. Li conjunction with sucli of your 
Memlxn's as you sliall tliink jirojier t<i appoint. 

By order ' J. BLKG^MN (Ik. 

4* NoA- 1760. 

Received from tlie Assembly p' -Mi- Fanning and Mr I'roliock tlie 
folloAving message Yi/.t. 



COLON I AL RECORDS. 297 



Gentlemen ok His Ma.ie.styw Honble Council 

This House have appointed Mr Harnett, Mr Harris,. Mr Cray, Mr 
Person, jNIr Hewes, jNIr Dawson, Mr Johnston, Mr Fanning, MrChas 
Blount a Committee of this House to state and settle the Pul^lic 
Accounts of this Province, And Mr Caswell, Mr Benton, Mr Frohock, 
Mr A^^addell, Mr Yail, Mr Barron, Mr Haywood, Mr Bradford,'Mr 
Paine, Mr Pollock, Mr. Respis, Mr Loyd and Mr Spencer to settle 
and allow the Public Claims of this Province in conjunction with 
.such of your Honors as you may tliink proper to appoint 

JOHN HARVP]Y Speaker 

By order W"" Hekkitaojc Clk. 

4''' Nov. 17(iG. 

On motion the above message was read, and ordei-ed tliat tlie fol- 
lomng Message be sent to the Assembly ^'iz^ 

Mr Speaker axd Gentlemen of the Assembly, 

In answer to your Message relative to the Committees, We have 
appointed the Honble Alex McCulloch, W" Dry, Robert Palmer a 
Connnittee of this House to examine state and settle the Pul^lic 
Accounts and the Honble Lewis DeRosset, John Samp.son and H. E, 
McCulloh a Committee of this House to settle and allow the Public 
Claims. 

4"' November ITtiC 

Then the House adjourned till 11 "Clock tomorrow nmriiing. 

Wednesday Morning r)"" Nov. ITHi;. 
The House met according to Adjournment. 
Present 

[James Hasell Lewis DeRos.set ^ 

rpi I r 1 1 Jolni Sami)son Henrv E. McCulli>h I ,. 

The Honl>le ^j^^^. ^^^({^iioch W" Drv | '""'l"""^'" 

[Robt Palmer Benj Herun I 

The Committee appointed by tliis House to draw up an Address 
in Answer to Plis Excellency's Speech reported that they liad pre- 
pared tlie same which was ordered to be read, the same was read 
and approved and Resolved tliat it stand tlie address of this House 
and l)e entered on the Journals thereof as f(jllows, Xv/.\ 



298 COLONIAL KEC0RD8. 



To His ExcELLE^x'Y Wm Tryon Esquire His Majestys, Captain, 

General and Governor-in Chief in and over the PROAaNCE 

OF North Carolina, 
May it please your Excellency, 

We his Majestys most dutiful and Loyal Subjects the Members of 
His Council, return your Excellency our hearty thanks for your 
Speech at the opening of tliis Session ; It gives us the higlrest satis- 
faction that we have an opportunity of congratulating your Excel- 
lency on your appointment to the Government, and at the same 
time to express our most grateful acknowledgements for your very 
affectionate regard, to render your services acceptable to His IMajesty 
by making them beneficial to this JProvince ; which laudable endeav- 
ours, We most fervently hope will meet with the desii'ed success. 

We thank your Excellency for communicating to us the'' several 
Acts of Parliament together, with the Resolutions of the Plouse of 
Commons, on which points, we cannot but acknowledge our insuffi- 
ciency to Express our loj'alty to his Majesty, respectful gratitude to 
the Parliament and dutiful affections to our jMother Country for 
their peculiar regard and tenderness to the Colonies; Flattering 
ourselves all disturbances are ut an end. That your Excellency's 
Administration will be long, and blessed with every happiness, and 
that our conduct on all occasion, will evince our steady Resolution 
to endeavour to imitate such sliining examples and ailopt these sen- 
timents. 

When the matters relative to the Tuscarora Indians come before 
us, we shall take them into our serious consideration, and shall 
most readily concur with the other House in every matter recom- 
mended by your Excellency, tending to the l>enetit and advantage 
of this Province. 

We desire to express our ardent inclination to keej) up and sup- 
jwrt thu general good harmony subsisting tlu'ougli the Province, 
more i)articularly at this general Meetmg and J^eg leave to assure 
your Excellency that our best services on every occasion, shall be 
employed to render your Exeelleiiey's Administration easy and 
happy. 

Then tlie House adjourned till ID "<'lock tomorrow moi'ning. 



COLONIAL RECORDS. 299 



Tliurjsday Morning O"' November 1766 

The House met according to adjournment 

Present 

r James Hasell Alexander M'Culloh 

rpv, II bie ) Lewis DeRosset William Drv i t,^,,,,,:^^^ 

The non-= i j^j^^^ Sampson Robert Palmer & ' ^^^l^^res 



H. E. M"Culloh B Heron 

This House waited on His Excellency the Governor and by the 
Honble Jas Hasell Esq' presented him with their Address to which 
his Excellency was pleased to make the following Answer 

Honorable Gentlemen, 

I thank you for your congratulations on my succession to this 
Government; for the favorable attention you are ready to pay to the 
points I recommended to your consideration ; and for the offers of 
your best services towards the Honor of my administration 

The Loyalty and attachment you have at all times testified for the 
Honor and Dignity of the Crown, your professed gratitude and 
affection, at this time for the Parliament and the Mother Country ; 
with your sentiments of tender regards for the welfare and happi- 
ness of the Inhabitants here will I am persuaded recommend you 
to his Majestys favor, to the Honorable opinion of the Parliament, 
and to the esteem and good will of the people of this Province 

Then the House adjourned till 10 "Clock to morrow morning 

Friday Morning 7"" November 1766. 
The House met according to adjournment 

Present as before. 
Received, from the Assembly by Mr Fanning and Mr Persons the 
following Message A'iz' 

Gentlemen of His Ma.ikstvs llnNOLE Coi^ncil, 

In answer to your Message of tiie 4"" Instant regarding the Com- 
mittee by your Honours to settle the decorum between the two 
Houses, this House have appointed Mr Harnet, Jlr Robt Howe, Mr 
M. Moore, Mr Elmsley, Mr -lohnston and Mr Ashe a Committee 
thereof to join the Committee appointed bv vour Honours for that 
purpose ' JOHN HARVEY Sp. 

By order W" IIki;rita(,f. Clk 

7'" Noveml:)er 17<')<). 



300 COLONIAL RECORDS. 



Tlicii tlie House adjourned till tomorrow inorniny 10 "Clock. 

Saturday Morning 8"' Xdvenilier 17<i<). 
The Hou.se met according to adjournment. 

Present as ijei'ore. 
Received from tlie Assembly by Mr Jacob Blount and Mr Mau' 
Moore a Bill for a|)pointing a Public Treasurer in the room of John 
Starkey Esq deceased. 

Then the House adjourned till Monday ]\Iorning Kl "Clock 

INIonday Morning 10* November 17<H). 

The House met according to adjournment, 
Present as before 

On motion, A Bill for appointing a Public Treasurer in the room 
of John Starkej' Esquire, was ordered to V)e read. Read the first 
time and passed. 

Receiv'd from the Assembly by Mr Frohock and Mr Si)encer, a 
Bill for the relief of such persons as have suffered or may suffer by 
not having had their deeds and mesne conveyances proved and 
registered within the time heretofore appointed for such purposes, 
On motion read the first time and passed 

Received from the Assembh^ by Mr Eanning and Mr Benton a 
Bill for confirming a lease made by the Tuscarora Indians to Robert 
Jones Jun' William Williams and Thomas Pugh E.squires, On 
motion read the first time and passed. 

Received from the Assembly by Mr Benton and Mr Hai'ris the 
following Bills, to wit, 

A Bill to amend an Act Intitled an Act for Estaljlishing the 
Titles of the freeholders in Edenton for lajang a tax for finishing the 
Church begun in the said Town and for the further improvement 
and better regulation thereof 

A Bill to continue an Act Intitled an Act to suppress exces.sive 
and deceitful gaming, On motion read the iir.st time antl passed. 

A Bill to continue an Act for a]>pointing a Militia. On motion 
read the fir.st time and rejected. 

A Bill for the further continuing an Act Intitled an Act for the 
restraint of Vagrants, On motion read the first time and passed, 

A Bill to revive and continue an Act for the more effectual sup- 
pression of felonies and punishment of .counterfeiters of the paper 



COLONIAL KKCOIJDS. 301 



currenc}' of this Province and of Virginia, (_)n motion read tlie 
first time and passed 

Reed from the Assembly by Mr Barrow and Mr Respcss a Bill to 
imjjower the Justices of Beaufort County to Build a Court House 
prison and stocks in Bath Town for the use of the said County, 

Received from the Assembly by Mr Knox and ^[^ Person a Bill 
for Facilitating the navigation of Port Bath, Port Roanoke and Port 
Beaufort 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning 11"" November 1766 

Tlie House met according to adjournment. 
Present as before. 

Received from tlie Assembly by Mr Paine and Mr Moore the fol- 
lowing Bills, 

The Bill to prevent the entering up of Judgments by confession 
in certain cases, on motion, read the first time and rejected. 

A Bill to encourage Benjamin Heron E.squire to build a bridge 
over tlie North East Ijranch of Cape Fear River at or near the place 
where the ferry is now kept liy Edward Davis, On motion read the 
iirst time and passed. 

A Bill for the relief of such persons as have sutt'ered, by not hay- 
ing their deeds and mesne conveyances proved and registered \\ithin 
the time heretofore appointed for such purposes, 

Received-from the Assembly by Mr Vail and Mr Benton a Bill 
for appointing a public Trea.surer in the room of John Starkey Esq' 
deceased 

Received from the A.s.sembly by Mr Paine and Mr Blount the fol- 
lowing Bills, to wit, 

A Bill for the further continuing an Act Intitled an Act for the 
restraint of vagrants and for making provision for the poor and other 
purposes, On motion read the second time amended and passed, 

A Bill to revive and continue an Act for the more effectual sup- 
pressing of Felonies and punishment of eounterfeitei's of the paper 
currency of this Province and of "S^irgiuia, 

On motion read the second time and rejected 

A Bill to continue an Act Intitled an Act to suppress excessive 
and deceitful gaming On motion read second time amended and 
passed, 

Then the House adjourned till 10 "Clock tomorrow morning 



302 COLONIAL RECORDS. 



Wednesday Morning 12"" November 17()(! 

The House met according to adjournment 
Present as before, 

On motion the following Bills were ordered to be read, to wit, 

A Bill to impower the Justices of Beaufort County to build a court 
house, prison and stock in Bath Town for the use of tlie said ( 'ounty 
read the first time and passed, 

A Bill to amend an Act Intitled an Act for establishing the Titles 
of the Freeholders in Edentou for laying a tax for finishing the 
Church begun in said Town and for the furtlier improvement and 
better regulation tliereof, read the first time and i)assed. 

A Bill for the relief of such jjersons as have suffered or may suffer 
by not having had their deeds and mesne conveyances proved and 
registered within the time heretofore api)ointeil for such purposes 
read the second time amended and passed. 

A Bill for appointing a public Treasurer in the room of John 
Starkey Esq' deceased, read the second time amended and passed 

Received from the Assembly by Mr Harris and Mr Resspess the 
following Resolve. Xiy.t. 

Gentlemen uf His M.a..iestys Hoxhle Council, 

We hercAvith send you the Petition of William Sliaw and two 
Certificates relative thereto; and also tiie Resolve of this House 
thereon, and desire your Honours concurrence thereto 

JOHN HARVEY Speaker, 
By order W" Heiutaok Clk. 

l-i'" Nov ITCC. 

North Carolina — ss. 

Tuesday the 11"' November 1766. In the As.sembl3', 

Read the Petition of William Shaw setting forth he has been in 
the service of this Province against the French and Indians on the 
Ohio, Praying such allowance or ]^rovision as this House shall 
think pro[)er. 

The House taking the same under consideration 

Resolved, the Petitioner be allowed and j^aid during his natural 
life by the Public Treasurers of this Province out of the contingent 
Tax the sum of Twenty pounds immediately for the present year 
and ten pounds p annum so long as lie' shall afterwards live, a cer- 
tificate being produced before the receii)t of each annuity to the 



COLOMAJ. liKCOKDS. 303 



Treasurer from whdin the same sliall be received from the Court of 
the County wliere lie tlie said William Shaw shall reside at the 
time the said amuiity shall be requested from sueh Treasurer, that 
he the said William Shaw is alive 

Resolved the above Resolve be sent to His Excellency the Gov- 
ernor and Council for concurrence 

JOHX HARVEY Sp, 
By order W'"' Hkj!IT.\i;k Clk. 

11"> November n()() 

12 Novendjer ITHH. In the upiier House concurred with 
By order J. BuRi^iwix Clk. 

Received h-om the Assemlily by Mr .Smith and Mr Clay the fol- 
lowing Bills, to wit, ' 

A Bill for the relief of such persons as have suffered or may suf- 
fer by not having had their deeds and mesne conveyances proved 
and registered within the time heretofore appointed for such purposes. 
On motion read the third time and passed. Ordered to be engrossed, 

A Bili to impower the Justices of Beaufort County to build a 
Court House, prison and stocks in Bath Town for the use of the 
said County, ( )n motion read the second time & passed. 

A Bill for establislung a school House in New Bern 

Received from the Assembly by Mr Ashe and Mr Paine the fol- 
lowing Yi?} 

A Bill far erecting part of Rowan County and part of Orange 

(bounty into a separate County by the Name of and Parish of 

and other ])urposes &c 

A Bill to encourage Benjamin Heron Esquire to build a lu-idge 
over the North East Branch of Cape Fear River at or near the 
place where the ferry is now kept by Edward Davis, On motion 
read the second time and passed, 

Received from the Assembly by Mr Hewes and Mr James Blount 
the following Bills Viz' 

A Bill to amend an Act Intitled an Act for establishing the titles 
of Freeholders in Edeuton for laying a tax for finishing the Church 
begun in the said Town and for the further improvement and better^ 
regulation thereof, 

A Bill for contirming the Town of Woodstock and establishing 
the survev of the same. 



304 COLONIAL RECORDS. 



A Bill for erecting a Court House and prison for the District of 
Edenton, 

A Bill for an additional Act to an Act Intitled an Act for restrain- 
ing of excessive usury, 

Received from the Assembly by Mr Haywood and Mr Palmer a 
Bill for enlarging the time allowed for saving lots in the Town of 
Tarborough 

Then the House adjourned till 9 "('clock tomorrow morning, 

Thursday Morning 13"' November 17<>(i 

The House met according to adjournment 
Present as before 

Received from the Assembly by Mr Fanning and Mr Elmsley a 
Bill for erecting a convenient building within the town of New Bern 
for the residence of the Governor or Commander in Chief for the 
time being, On motion read the first time and passed. 

On motion the following Bills were ordered to be read, 

A Bill for an additional Act to an Act Lititled -an Act for restrain- 
ing of excessive usuiy, read the first time and jjassed 

A Bill to amend an Act Intitled an Act for establishing the titles 
of the Freeholders in Edenton for la^ying a tax for finishing the 
Church begun in the said Town and for the further improvement 
and better regulation thereof, read the second time and passed. 

Received from the Assembly by Mr Bartram and Mr Fanning the 
following Bills Viz'. 

A Bill for the further continuing an Act Intitled an Act for the 
restraint of Vagrants and for making Provision for the poor and 
other purposes, 

A Bill appointing the method of distributing Intestates Estates, 
On motion read the first time and passed 

A Bill for appointing a Public Treasurer in the nwm of John 
Starkej' Esq, deceased, 

A Bill for a further allowance of Commissions to Sherifts, Coll" of 
Taxes and other purposes therein mentioned. 

Received from the Assembl}^ by Mr Hewes and Mr Fanning the 
following Bills Xi?}. 

A Bill for confirming a lease made by the Tuscarora Indians to 
Robt Jones Jun' William Williams and Thomas Pugh Esquires, 

A Bill to continue an Act Intitled an Act to suppress excessive 
and deceitful gaming 



COLONIAL RECORDS. 305 



A Bill to impower the Justices of Beaufort County to build a 
Court House, prison and stocks in Bath Town for the use of the said 
County. 

A Bill for joining the navigation of old Topsail Inlet to Neuse 
River by cutting a navigable canal from the head of Harlows Creek 
to Clubfoot Creek. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning 14* November 176G 

The House met according to adjournment. 
Present as before, 

On motion the following Bills are ordered to be read \'izt,, 

A Bill for erecting a Court House and Pi'ison for the District of 
Edenton read the first time and passed. 

A Bill for confirming a lease made by the Tuscarora Indians to 
Robert Jones Jun', William Williams and Thomas Pugh Esq", read 
the second time and passed 

A Bill for a further allowance of commissions to Sheriffs and Col- 
lectors of Taxes &c*, read the first time and passed 

A Bill for joining the navigation of Old Topsail Inlet to Neuse 
River by cutting a navigable canal from the head of Harlows Creek 
to Clubfoot Creek, read the first time and passed. 

A Bill to impower the Justices of Beaufort County to build a 
Court House, prison and stocks in Bath Town for the use of the said 
County read the third time and passed. Ordered to be engrossed. 

A bill for the further continuing an Act Intitled an Act for 
restraint of vagrants and for making provision for the poor and 
other purposes, read the third time and passed. Ordered to be 
engrossed. 

A Bill to continue an Act Intitled an Act to suppress excessive 
and deceitful gaming, read the third time and passed, Ordered to 
be engrossed. 

Received from the Assembly by Mr Charlton and Mr Jas Blount 
the following Bills, Vizt. 

A Bill for facilitating the navigation of Port Bath. Port Roanoke, 
and Port Beaufort 

A Bill for establishing a school house in the Town of New Bern. 

A Bill to amend an Act Intitled an Act for establishing the titles 
of the Freeholders in Edenton and for laying a tax for finishing the 

VOL. VII— 20 



30(:) COLONIAL RECORDS. 



Church begun in the said Town and for tiie further improvement 
and Ijetter reguhition thereof 

Received from the Assembly bj' j\lr Cole and Mr Cogdell a Bill 
for joining the navigation of Old Topsail Inlet to Neuse River by 
cutting a navigable Canal from the head of Harlows Creek to Club- 
foot Creek 

Received from the Assemljly \>y Mr Funning and Mr Respess a Bill 
for erecting a convenient building witliin the Town of New Bern for 
the residence of a Governor or Commander in Chief for the time 
being 

Then the House adjourned till 10 oclk tomorrow morning- 
Saturday lyorning 15* November 17CH 

The House met according to adjournment 
Present 

f James Hasell Alex M^CuUoch ^ 

I John Rutherford W" Dry 
The Honble { Lewis DeRosset Robt. Palmer }- Esquires 

I John Sampson and I 

l^ Heiu-y E. M^CuUoh ,Benj" Heron J 

Received from the Assembly by Mr Jones and Mr James Blount 
the following Bills, to wit, 

A Bill to prevent the Inhabitants of South Carolina driving their 
stocks of cattle from thence to range in this Province and other 
purposes. . 

A Bill for a further allowance of commissions to Sheriffs and Col- 
lectors of Ttixes and other purposes herein mentioned. 

A Bill for confirming a lease made by the Tuscarora Indians to 
Robt Jones Jun', William Williaims and Thomas Pugh, Esq". 

A Bill for erecting a court house and prison for the District of ' 
Edenton 

Then the House adjourned till 10 "Clock on Monday morning. 

Monday Morning 17* November 1766 
The House met according to adjournment 
Present 

r John Rutherford Alex M'Culloch ] 

rm TT 1 1 Lewis DeRosset W" Dry ^j. 

The Honble j^j^^^ g^^^^^^^^^^ j^^^^^ j^^^^^^^^. ^ } Esquires 

[ Henry E. M'Culloh Benj" Heron 

On Motion ordered that the following Bills be read, 



COLONIAL RECORDS. 307 



A Bill to prevent the Iulial)itiiiits of South Carolina driving their 
stocks of cattle from thence to range and feed in this Province and 
other puri)Oses, read the first time and passed. 

A Bill for confirming the Town of Woodstock and establishing 
the survey of the same. 

A Bill for confirming a lease made by the Tuscarora Indians to 
Robert Jones Junr. William Williams and Thomas Pugh, Esq", read, 
the third time and passed, Ordered to be engrossed, 

A Bill for erecting a convenient Building within the Town of New 
Bern for the residence of the Governor or Commander in Chief for 
the .time being, read the second time and passed. 

A Bill for establishing a school House in the Town of New Bern 

A Bill for erecting a Court House and prison for the District of 
Edenton read the second time amended and passed. 

Received from the Assemldy by Mr Kenan and Mr Ward the fol- 
lowing Bills, Viz' 

A Bill for appointing a Printer to this Province 

A Bill to prevent hunting for and killing Deer in the manner 
therein mentioned 

On motion read the fij'st time and passed. 

On motion a Bill to amend an Act Intitled an Act for establishing 
the Titles of the Freeholders in Edenton for laying a Tax for finish- 
ing the Church begun in the said Town and for the further inajn'ove- 
ment and better regulation thereof, was ordered to be read, read the 
third time and passed. Ordered to be engrossed. 

On motion the following Bills were ordered to be read, \''iz' 

A Bill for Joining the navigation of Old Topsail Inlet to Neuse 
River by cutting a navigable canal from the head of Harlows Creek 
to Clubfoot Creek 

Received from the Asseuil)ly Ijy Mr Cliarlton an<l Mr Paine the fol- 
lowing Bills 

A Bill to confirm the vestry of St Jame's Parish in New Hanover 
County and to enable them to lay a tax on all taxable persons 
within the same. On motion read the first time and passed. 

A Bill appointing the method of distributing Intestates Estates. 
On motion read the second time and passed. 

A Bill for confirming the town of Woodstock and establishing the 
survey of the same. 



308 COLONIAL RECORDS. 



A Bill to revive and continue an Act Intitled an Act to establish 
a ferry from Solleys Point to Relfes Point whereon the Court House 
now stands on Pasquotank River. 

Received from the Assembly by Mr Moore and Mr Cole, a Bill 
appointing a Vendue Master for the town of Wilmington in this 
Province. On motion read the first time and passed 
• Received from the Assembly by Mr Fanning and Mr Respess the 
following Bills, Viz' 

A Bill for destroying crows and squirrels within the Counties 
therein mentioned. On motion read the first time and passed. 

A Bill concerning the taking up of stray horses. On motion read 
the iirst time and jiassed. 

A Bill to amend and continue an Act Intitled an Act for ajipoint- 
ing a Militia. On motion read the first time and passed. 

A Bill for erecting a convenient building within the Town of New 
Bern for the residence of the Governor or Commander in Chief for 
the time being. 

A Bill for altering certain landings or places of inspection in the 
Counties of Craven and Dobbs and for substituting and appointing 
others in lieu thereof. 

Received from th» Assembly by Mr Kenan and ^Ir Bryan a Bill 
for ascertaining the boundary line between the Counties of New 
Hanover and Duplin, read the first time and passed 

Received from the Assembly by Mr Howe and Mr Paine the fol- 
lowing Message and Resolve, Yiz'' 

Gentlemen of His Majesty's Honble Council, 

We herewith send you a Resolve of this' House relative to the 
garrisoning of Fort Johnston and also a Resolve relative to an 
allowance relative to Mr CJTui'ton to which Resolve we desire your 
Honours concurrence. 

.JOHN HAR^^EY Speaker 

By order W" Herritage Clk. 

North Carolina 

17'" November 1766 

Monday the 17'" November 1766. 
In the Assembly. 
Resolved that ten men be allowed and employed to Garrison Fort 
Johnston, exclusive of a Captain and that the said Captain be 



COLONIAL RECORDS. 309 



allowed the sum of six shillings and eight pence p. diem and each 
man one shilling and four pence p. Diem and eight pence p. diem 
for subsistence for one j'ear and from thence to the end of the next 
Session of the Assembly and that this Resolve be sent to the Council 
for concurrence. 

JOHN HARVEY Speaker 

By order W" Herritage Clk. 

17* Nov. 176(i 

IT"" November I7G6. In the upper House. Concurred with. 

J NO RUTHERFORD, P. 0. 
By order J. B. Clk. 

Monday the 17'" November 1766. 
In the Assembly 
Resolved, that Mr W" Churton be allowed the sum of one hun- 
dred and fifty five pounds proclamation monej' and paid by the 
public Treasurers of this Province out of the Fund for contingencys 
to enable him to get printed and published a map of the inhabited 
part of this Province and that this Resolve be sent to the Council 
for concurrence 

JOHN HAR^'EY Speaker 
By order W"" Herritage Clk 

17* Nov 1766 

17*' November 1766. In the upper House, Concurred with 
By order J. Burgwin Clk, JNO RUTHERFORD P. 

Then the House adjourned till Tuesday Morning. 

Tuesday Morning IS* November 1766 

The House met according to adjournment 
Present as before. 

On motion, a Bill for establishing a school house in the Town of 
New Bern, was ordered to be read, read the second time, amended 
and passed. 

Received from the Assembly by Mr Frohock and Mr Harris the 
following Bills, to wit, 

A Bill for reviving the several Acts of Assembly relating to the 
inspection of Tobacco, On motion, read the first time and passed. 



810 COLONIAL RECORDS. 



A Bill for allo'ttdng time for the payment of the duties on wines 
and other spirituous liquors, On motion read the first time and 



A Bill for altering the time of holding the Inferior Court of 
Pleas and quarter sessions in the Counties of Bute and Onslow. 

A Bill to prevent the unreasonable destruction of Fish in Neuse 
River, Tar River, Fishing Creek, Rocky River, and the South part 
of the Catawba River, On motion read the first time and passed 

A Bill to amend an Act passed in the year x)f our Lord one thousand 
seven hundred and sixty four Intitled an Act to prevent the expor- 
tation of unmerchantable commodities, On motion, read the first 
time and passed, 

A Bill for the relief of poor debtors as to the imprisonment of 
their persons and other purjioses, On motion read the first time 
and passed, 

A Bill to impower the Church wardens and vestrymen of St 
Johns Parish in the County of Bute to appropriate the surplussage 
money levied for erecting the public buildings in the said County to 
the use of said Parish of St Johns. 

A Bill to prevent the inhabitants of South Carolina driving their 
stocks of cattle from thence to range and feed in the Province and 
other purposes. 

Received from the Assembly by Mr Haywood and Mr Lemmon 
the following Bills, to wit, 

A Bill appointing the method of distributing Intestates Estates. 

A Bill to amend an Act Intitled an Act for rendering more 
effectual the Laws making Lands and other real estate liable to the 
payment of debts, on motion read the first time and passed, 

A Bill for joining the navigation of old Topsail Inlet to Neuse 
River bj^ cutting a navigable canal from the head of Harlows 
Creek to Clubfoot Creek 

Received from the Assembly by Mr Cogdell and Mr C!ray the fol- 
lowing Bills, Viz' 

A Bill for establishing a school house in the Town of New Bern, 

A Bill appointing a vendue master for the Town of Wilmington 
in this Province 

Received from the Assembly by Mr Kennan and Mr Polk the 
following Bills, Viz' 

A Bill for erecting a court house and prison for the district of 
Edenton, 



COLONIAL RECORDS. 311 



A Bill to prevent hunting for and killing deer in the manner 
therein mentioned 

A Bill for establishing a Town on the Land of Geo Augustus Sel- 
win in Mecklenburg County. 

A Bill to encourage Benj" Heron Esq to build a bridge over the 
North East branch of Cape Fear River at or near where the ferry is 
kept by Edw"* Davis. 

Then the House adjourned till 9 "Clock tomorrow morning. 

Wednesday Morning 19"" November 1766. 

The House met according to adjournment, 
Present as before. 

On motion, the following Bills were ordered to be read viz'. 

A Bill appointing the method of distributing Intestates estates, 
read the third time and passed. Ordered to be engrossed. 

A Bill for destroying crows and squirrels within the Counties 
therein mentioned, read the first time amended and jjassed. 

A Bill for regulating the duty of a Vendue Master to be appointed 
for the Town of \\'ilmington in this Province, read the second time 
amended and passed 

A Bill to encourage Benjamin Heron Escpiire to build a bridge 
over the North East Branch of Cape Fear River at or near the place 
where the ferrj' is now kept by Edw'* Davis, read the third time and 
ordered tJiat the following Message be sent to the Assembly, "\"iz' 

Mr Speaker and Gentlemen' of the Assembly, 

On reading a third time the " Bill to encoui'age Benjamin Heron 
Esquire to build a bridge over the North East branch of Cape Fear 
River " we observe that in the eleventh line of the first Sec. j'ou have 
inserted the words " Twenty five years next after the passing of this 
Act" and at the conclusion of that Section you have added another 
clause in the following words. 

"And be it further enacted by the Authority aforesaid that from 
and after the expiration of the said Term of twenty five j^ears it 
shall and may be lawful for the .Justices of the Inferior Court of 
New Hanover County from time to time and at all times thereafter 
to establish and rate the toll to be taken for the said Bridge." 

To which alterations this House cannot agree, and therefore hope 
you will pass so useful a Bill without, and that you will please send 
some of your members to see the same expunged 

By order -J. B. Clk. 



312 COLONIAL RECORDS. 



On motion the Bill for facilitating the navigation of Port Bath, 
Port Roanoke, and Port Beaufort, was read the second time amended 
and passed. 

On motion the following Bills were ordered to be read, \''iz' 

A Bill to prevent the Inhabitants of South Carolina driving their 
stocks of cattle from thence to range in this Province and other 
purposes, read the second time and passed. 

A Bill for erecting a Court House and Prison for the District of 
Edenton read the third time and passed. Ordered to be engrossed. 

A Bill to prevent hunting for and killing deer in the manner 
therein mentioned, read the second time and passed. 

Then the House adjoui-ned till 9 "Clock tomorrow morning 

Thursdaj' Morning 

The House met according to adjournment 
Present as before, 

On motion the following Bills were ordered to be read. Viz' 

A Bill for appointing a Printer to this Province, read the first time 
and passed, 

A Bill for erecting part of Rowan County and part of Orange 

County into a separate County by the name of County und 

Parish of and other purposes, read the first time and passed, 

A Bill for joining the navigation of old Topsail Inlet to Neuse 
River by cutting a navigable Canal from the head of Harlows Creek 
to Clubfoot Creek, read the third time and passed • Ordered to be 
engrossed, 

A Bill for appointing a public Treasurer in the room of John 
Starkey Esq"' deceased, read the third time and ordered that the fol- 
lowing Message be sent to the Assemblj^, Vizt 

Mr Speaker and Gentlemen op the Assembly 

Ou reading the third time the Bill for appointing a Public Treas- 
urer in the room of John Starkey Esq deceased, we observe you 
have dcli'd the Honble Lewis DeRosset Esq' whom we had inserted 
in the Bill and .'iWerf John Ashe Esq: We desire the Bill may be 
amended by inserting the Honble Lewis DeRosset Esq and deleing 
John Ashe Esq' otherwise it n,ay be Ity yi^i deemed a precedent for 
giving up our joint right of noii.inal'on with j'our House and be a 
means of disturbing tliat liarnony we shall always be glad to cul- 



COLONIAL RECORDS. 313 



tivate between the two Houses, — If you agree to this amendment 
please to send two of your Members to see the same made, 

By order J. B. Clk, 

20'" Nov, 176G. 

Received from the Assemblj'^ by Mr R Howe and Mr Ashe the 
following Message, to wit. 

Gentlemen of His Majestys Honble Council, 

On reading your Message of this day relative to the Bill to encour- 
age Benj' Heron Esqr to build a bridge over the North East Branch 
of Cape Fear River — We observe j^ou propose expunging the words 
twenty five years next after the passing this Act and also the clause 
impowering the Justices of the. Inferior Court of New Hanover 
County from time to time and at all times thereafter to establish and 
rate the toll to be taken for the said bridge to which alteration this 
House agree and have sent Mr Robt Howe and Mr John Ashe two 
of the Members of this House to see the same made 

JOHN HARVEY Speaker 

By order W"" Heeritage Clk 

19'" Nov 176G 

Then the Alteration in the above Message Mentioned was made 
in presence of the Members sent for that purpose, and then the Bill 
was put and passed the third time with amendments Ordered to 
be engrossed 

Received from the Assembly by Mr Howe and Mr Ashe the fol- 
lowing Bills Viz' 

A Bill to amend and continue an Act Intitled an Act for appoint- 
ing a Militia, read the second time and passed with amendments, 

A Bill to lay a tax on pedlars and other Itinerant Traders coming 
into this Province, read the first time and passed, 

The Honble Mr Palmer moved for leave to bring in a Bill to ' 
amend an Act Intitled an Act for regulating the Pilotage of Cape 
Fear River and other purposes, 

Ordered that he have leave accordingly 

Mr Palmer presented the above mentioned Bill which he read in 
his place and delivered in at tlie Table where the same was again 
read by the Clerk, passed and ordered to be sent to the Assembly 



314 COLONIAL RECORDS. 



Received from the Assembly by Mr Blount and Mr Howe the 
following Bills, towit, 

A Bill for appointing a Printer to this Province, read the second 
time and passed, 

A Bill for facilitating the navigation of Port Bath, Port Roanoke 
and Port Beaufort, 

Received from the Assembly by Mr Thos. Howe and Mr Brad- 
ford a Bill to amend an Act concerning Marriages 

Received from the Assembly by Mr Brickell and Mr Cole the fol- 
lowing Bills Viz' 

A Bill to amend an Act Intitled an Act for establishing a Town 
on the Land formerly granted to William Churton Gent, lying on 
the North side of the Enoc River in the Cbunty of Orange, On 
motion read the first time and passed. 

A Bill for allowing time for the payment of the duties on wines 
and other spirituous liquors. 

Received from the Assembly by Mr Robt Plowe and Mr Fanning 
the following Message Viz' 

Gentlemejj of His Ma.jesty8 Honble Council 

This House have taken into consideration your Message relative 
to the appointment of a Public Treasurer, and cannot agree to 
your proposal of incerting the Honble Lewis DeRosset Esq in the 
room of John Ashe Esq, neither can we recede from the opinion 
that the right of nominating a Treasurer is in this House, yet shall 
be far from deeming your Agreement to the appointment of Mr 
Ashe as the relinquishing any rights which in your opinion you 
have to a joint nomination and should be glad you would pass the 
Bill as sent you by this House 

It would ever give us concern should any circumstance arise to 
interrupt the harmony that ought to subsist between the two 
Houses, which it is as much our intention as it is our wisli to cul- 
tivate & promote 

JNO HARVEY Speaker 

By order W" Hukkitauk ('Ik. 

20"^ Nov. 1766. 
Then tlie House adjourned till 9 "Clock tomorrow morning 



COLONIAL RECORDS. 315 



Friday Morning November 21" 1766 
The House met according to adjournment 

Present as before 
On motion the following Bills were ordered to be read. 
A Bill for facilitating the navigation of Port Bath, Port Roanoke 
and Port Beaufort, read the third time and ordered the ff)llowing 
Message be sent to the Assembly, Vizt. 

Mr Speaker and Gentlemen op the Assembly. 

On reading for the third time the Bill for facilitating the naviga- 
tion of Port Bath we observe you have dckd our amendment in the 
fourth ijage relative to the proportions of the Ports of Bath and 
Beaufort, which we apprehend arose from an opinion that the 
expression was not sufficiently explicit; We would therefore pro- 
pose that instead of the words "in proportion to the sums received 
in their respective Ports," dded by you, the words, " in proportion to 
the sums received in the said Ports of Bath and Beaufort" be 
inserted — this amendment being consonant to the principles of dis- 
tributive .Justice, We hope you will agree thereto and two of your 
Members to see the same made 

21" November 1706. In the upper House 

By order .J. B. Clk. 

The following Bills were ordered to be read,' Viz'. 

A Bill to amend an Act Intitled an Act concerning Marriages, 
read the first time and passed. 

Received from the Assembly by Mr Harris and Mr Rutherford 
the following Bills -Vizt, 

A Bill to prevent hunting for and killing deer in the manner 
therein mentioned on motion, read the third time and passed, 
Ordered to be engrossed. 

A Bill to prevent the unreasonable destruction of Fish in Neuse 
River, Tar River, Fishing Creek, Rocky River, and the South fork 
of Catawba River, On motion, read the second time and passed with 
amendments 

On motion the Bill to revive and continue an Act Intitled an Act 
to establish a ferrj' from Solleys Point to Relfes Point whereon the 
court house now stands on Pasquotank River, was read the first time 
and passed 



316 COLONIAL RECORDS. 



On motion the Bill for establishing a school house in the Town of 
New Bern was read the third time and ordered that the following 
Message be sent to the Assembly, Vizt 

Mr Speaker and Gentlemen of the Assembly. 

On reading the third time the Bill for establishing a school House 
in the Town of New Bern, we have many objections to the said Bill 
as it now stands and therefore propose the following amendments. 

That the minister of Christ C^hurch Parish for the time being, be 
a Trustee or Director, and that the words we had inserted in this 
House at the second reading for that purpose, and which you have 
deled in your House, be steted. 

That .the dutj^ on rum be continued for seven years only, and that 
these words for that purpose be inserted in the Bill after tlie words 
"be paid" for and during the t<pace of seven i/ears from and after the 
passing of this Act. 

That the following clause be added to the Bill, Yizt.- 

Provided that no person shall be admitted to be Master of the 
said school but who is of the established Church of England and 
who at the recommendation of the Trustees or Directors or the 
Majority of them shall be licenced by the Uoveruor or Commander 
in Chief for the time being 

To which amendments if you agree please send two of your Mem- 
bers to see the same made 

By order J. B. Clk. 

21" November 1766. 

Then the House adjourned till 10 "Clock tomorrow morning 

Saturday Morning 22'' November 1766. 
The House met according to adjournment 

Present as before. 
Received from the Assembly by Mr Ashe and Mr Knox the fol- 
lowing Bills, Viz' 

A Bill to amend an Act for regulating the pilotage of Cape Fear 
River and other purposes. 

Received from the Assembly by Col° Barron and Mr Respess the 
following Message Viz' 



COLONIAL RECORDS. 317 



Gentlemen of His Majestys Honble Council, 

On reading 3^our message of this day relative to the Bill for 
facilitating the navigation of Port Bath, Port Roanoke and Port 
Beaufort, We agree to insert the following words in the said Bill, 
to wit, in pro-poriion to the surths received in the said Ports of Bath and 
Beaufort and send Col° Barron and Mr Respess to see the same 
inserted 

JOHN HARVEY Speaker 

By order W" Herritage Clk. 

21" November 1766. 

Then the alteration in the above mentioned Bill was made in 
presence of the Members sent for that purpose and then on Motion, 
the said Bill was again read and passed the third time with 
amendments. Ordered to be engrossed. 

Received from the Assembly by Mr Kennan and Mr Frohoek the 
following Bills, to wit, 

A Bill to prevent the Inhabitants of South Carolina driving their 
stocks of cattle from thence to range and feed in this Province and 
other purposes 

A Bill for regulating the duty of a vendue Master to be appointed 
for the Town of Wilmington in this Province, 

A Bill for ascertaining the boundary lines between tlie Counties 
of New Hanover and Duplin and between Duplin and Johnston 
Counties 

A Bill for reviving and reenacting the several Acts of Assembly 
relating to the inspection of Tobacco 

A Bill to amend an Act Intitled an Act for establishing a Tot^ti 
on the Land formerly granted to William Churton Gent laying on 
the North side of Enoe River in the County of Orange, 

A Bill to amend an Act Intitled an Act to prevent the exportation 
of unmerchantable commodities 

On motion the Bill for allowing time for the payment of the 
duties on wines and spirituous liquors, was read the second time 
amended and passed 

On motion, the Bill for a further allowance of commissions to 
Sheriffs and collectors of Taxes and other purposes therein men- 
tioned, was read the second time amended and jjassed, 

Received from the Assembly by Mr Caswell and Mr Blount the 
following Message Viz' 



318 COLONIAL RECORDS. 



Gentlemen of His Majestys Honble Council, 

In answer to your Message of the 21" Inst received this day 
relative to the several amendments by you proposed to the Bill for 
establishing a school house in New Bern as to the first, we are sen- 
sible the present Minister of Christ Church Parish being a Trustee 
or Director would be very agreeable to the contributors to the 
building of the said school house, and we have not the least doubt 
should the Bill pass into a Law, but that he will be chosen one of 
the Trustees, at the same time to ai)point the Ministers for the time 
being one of the Trustees we think would be depriving the said 
contributors of a right which they may justly claim and therefore 
cainiot agree to that amendment, 

To the second and third, this House agree may be inserted in the 
said Bill and send Mr Caswell and IMr Blount two of the Members 
thereof to see the same done accurdingly 

JOHN HARVEY Speaker 

By order W" Hekritaue Clk, 

22" November 1766 

Then the amendments agreed to were made in presence of the 
Members sent for that purpose and was again read and passed the 
third time with amendments Ordered to be engrossed 

Received from the Assembly the following INIessage Vizt 

Gentlemen of the Majestys Honble Council, 

The Committee of Accounts have received the [sum] of £'2557 5s from 
several Sheriffs by the hands of Samuel Swann Esq, The sum of 
£2521 12 2 from Joseph ilontfort Esquire Treasurer of the Northern 
District and the sum of £419 1 8 from the exo" of John Starkey 
Esq, on account of the sinking fund, which said several sums are by 
Law to be burnt 

This House have therefore appointed a C^ommittee of the whole 
House to see the said sums burnt at the house of Mr Richard Cog- 
dell in New-Bern at four oclock this afternoon in conjunction with 
such of your Honours as you shall think proper to appoint for that 
purpose 

JNO HAR^'EY Speaker 

By order W"" Herritage Clk 

22* Nov 1766 



CCJLONIAL RECORDS. 319 



On motion the above Message was read, and ordered that the fol- 
lowing Message Ite sent to the Assembly Vv/.t. 

Mr Speaker and Gentlemen of the Assembly, 

In answer to your Message relative to the burning of the several 
sums paid into the Committee of Accounts, This House have 
appointed a Committee of the whole House to see the said sum 
burnt at the House of Mr Richard CogdcU at the time you mention 

'i'i"* November 17<)6 In the upper House 

By Order J. B. Clk 

The Honble Lewis DeRosset moved fi.ir leave to bring in a Bill 
to establish the Vestry of St James Parish in New Hanover Countj' 
to confirm their proceedings and to enable them to lay a Tax to pay 
the minister of the Parish and to defray the contingent charges 
thei'eof 

Ordered that he have leave accordingly 

Mr DeRosset presented the said Bill, which he read in his j)lace 
and delivered in at the Table where the same was again read by 
the Clerk, passed and ordered to be sent to the Assembly, 

Then the House adjourned till Monday Morning 

Monday Morning 24* November 176H 

The House met according to adjournment 
Present as before. 

On motion the following bills were ordered to be read, viz'. 

A Bill to amend an Act Intitled an Act for establishing a Town 
on the Land formerlj' granted to William Churton Gent lying on 
the North side of the Enoe River in the County of Orange. Read 
the second time and passed. 

A Bill for reviving and reenacting the several Acts of Assemblj- 
relating to the Inspection of Tobacco Read the second time and 
passed. 

A Bill to amend an Act Intitled an Act for regulating the pilot- 
age of Cape Fear River and other purjioses. Read the second time 
and — 

On motion the House Resolved into a Committee of the whole 
House to consider the subject matter of the said Bill and made 
choice of the Honble Henry E. McCuUoh for Chairman who took 
the Chair accordingly. 



820 COLONIAL RECORDS. 



Then the Committee proceeded to take the said Bill under con- 
sideration and agreed to several amendments which the Chairman 
was directed to report and then on motion Mr President resumed 
the Chair. 

The Chairman reported that the Committee had considered the 
said Bill and proposed several amendments which he laid before 
the House and was agreed to and ordered that the said amendments 
be inserted in the said Bill which was accordingly done and Bill 
again read and passed with amendments. 

A Bill for erecting a convenient building within the Town of 
New Bern for the residence of the Governor or Commander in Chief 
for the time being. Read the third time and jmssed. 

Ordered to be engrossed. 

Received from the Assembly by Mr Sheperd and Mr Mitchell the 
Bill to amend an Act Intitled an Act for establishing a Town on the 
Land formerly granted to William Churton Gent lying on the North 
side of the Enoe River in the County of Orange. 

Received from the Assembly bj'^ Mr Cray and Mr Palmer the fol- 
lowing Bills, A^iz' 

A Bill to prevent the unreasonable destruction of Fish in Neuse 
River Tar River, Fishing Creek, Rocky River the south fork of the 
Catawba River tlie south fork of the Yadkin River and Cbntentney 
Creek, 

A Bill for a further allowance of Commis.sions to Sheriffs and col- 
lectors of taxes and other purposes therein mentioned. 

Received from the Assembly by Mr Frohock and Mr Sjjencer the 
following Bills and Messages Vizt. 

A Bill for erecting part of Rowan County and part of Orange 

County into a separate County by a name of County and Parish 

of- , and other purposes &c* 

A Bill to amend an Act Intitled an Act concerning Marriages 

A Bill to amend and continue an Act Intitled an Act for appoint- 
ing a Militia. 

Message 

Gentlemen of His Majestys Honble Council 

This House have appointed Mr Ashe Mr Fanning and Mr Robert 
Howe a Committee to prepare an address of thanks to His most 
gracious Majesty on the happy event of the repeal of the Stamp Act 
and other late instances of Royal clemency manifested to the Col- 



COLONIAL RECORDS. 321 



onies, And desire to be informed if your Honours will join us and 
if you will consent thereto that you will appoint such of your Mem- 
bers as you shall think proper to join the Committee of this House 
in drawing up of the same that it may appear to be the united and 
joint address of two of the branches of the Legislature of this 
Province JOHN HARVEY Sp. 

By order W" Herritage Clk 

22"" November 1766. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Tuesday Morning 25"' November 1766. 

The House met according to adjournment 
Present as before, 

Received from the Assembly by Mr Benton and Mr Sawyer the 
following Bills Viz', 

A Bill for rating the prices of the several commodities therein 
mentioned. On motion read the first time and passed, 

A Bill for reviving and reenacting the several Acts of Assembly 
relating to the inspection of Tobacco, On motion read the third 
time and passed. Ordered to be engrossed. 

A Bill to amend an Act Intitled an Act for rendering more 
effectual all the Laws making lands and other real estate liable to 
the payment of Debts. 

On motion the following Bills were ordered to be read, Viz' 

A Bill for a further allowance of Commissions to Sheriffs and 
collectors of Taxes and other purposes therein mentioned, Read 
the third time and passed, Ordered to be engrossed, 

A Bill for ascertaining the boundarj' lines between the Counties 
of New Hanover and Duplin, Read the second .time and passed 
with amendments. 

A Bill to amend an Act Intitled an Act for establishing a Town 
on the Land formerly granted to William Churton . Gentleman, 
lying on the North side of the Enoe River in the County of Orange, 
Read the third time and passed. Ordered to be engrossed. 

On rnotion, ordered that the Message received j'esterday relative 
to addressing his Majesty, on the many gracious instances of 
Royal favor &c' be read, the same was accordingly read and taken 
under consideration and ordered that the following Message be sent 
to the Assembly, 

VOL. VII — 21 



322 COLONIAL RECOUDS. 



Mk Speaker and Gentlemen of the Assembly 

We have taken your Message of the 24* into consideration and 
shall most cheerfully join j^ou, in your proposal of addressing his 
Majesty on the recent and gracious instances of royal favor mani- 
fested to his faithful subjects in America. 

We have appointed the Honble Lewis DeRosset and H. E. M°Cul- 
loh Esqs a Committee of this House to join your Committee in 
preparing the said Address 

25'" Nov 1766. By order J. B. Clk. 

Received from the Assembly by Mr Haywood and Mr Rutherford 
the following Bills, to wit, 

A Bill for allowing time for the payment of the duties on wines 
and spirituous liquors. On motion read the third time and passed, 
Ordered to be engrossed, 

A Bill to lay a tax on Pedlars and otiier itinerant traders coming 
into this Province. 

On motion the following Bills were ordered to be read. Viz' 

A Bill to impower the Church wardens and Vestrymen of St 
Johns Parish in the Count}' of Bute to approjiriate the surplussage 
money levied for erecting public buildings in said County to the 
use of the said Parish of St Johns, Read the first time and passed. 

A Bill to amend an Act Intitled an Act concerning Marriages, 
Read the second time and on motion the House Resolved into a 
Committee of the whole House to consider the subject matter of the 
said Bill and made choice of the Honble Mr Dry for Chairman 
who took the chair accordinglj-. 

Then the Committee proceeded to take the said Bill under con- 
sideration agreed to several amendments which the Chairman was 
directed to report and then on motion Mr President resumed the 
Chair,* The Chairman reported that the Committee had considered 
the said Bill and propose several amendments which he laid before 
the House and was agreed to and ordered that the said amendments 
be accordingly made which was done and then the Bill was again 
read and passed with amendments. 

On motion the Bill to amend and continue an Act Intjtled an 
Act for appointing a Militia was read the third time and ordered 
that the following Message be sent to the Assembly, 



COLONIAL RECORDS. 323 



Mr Si'Eaker and Gentlemen of the Assembly 

Ou reading for the third time tlie Bill to amend and continue an 
Act api)ointing a Militia, we propose to ddc the whole of the clause 
relative to the Adjutant Gen' deted by you on the third reading, to 
which on consideration if you agree please send some of your Mem- 
bers to see the same done, 

By order J. B. Clk. 

25"' Nov 1766 

Rec'' from the Assembly the following. Message Viz' 

Gentlemen of His Majestys Honble Council 

On reading your Message of this day relative to the Bill toametid 
and continue an Act Intitled an Act for appointing a Militia, We 
apprehend the whole of the clause relative to the Adjutant Gen' was 
on our third reading deled by us, We therefore agree to your pro- 
posed amendments and send Mr Jno Ashe and Mr Robt Howe to see 
the same made 

JOHN HARVEY Speaker. 

Nov 25'" 1766 

Then the amendments proposed were made in presence of the mem- 
bers sent for that purpose and the Bill again read and passed the 
third time with amendments. Ordered to be engrossed. 

Received from the Assembly by Mr AVilliams and Mr Cray the 
Bill to amend an Act Intitled an Act for regulating the pilotage of 
Cape Fear River and other purposes, On motion read the third 
time amended and passed 

Received from the Assembly by Mr. Ashe and Mr Harris the fol- 
lowing Bills, Viz' 

A Bill to impower the Church wardens and vestrymen of St Johns 
Parish in the County of Bute to appropriate the surplussage money 
levied Ac" 

A Bill for ascertaining the Iwundary lines between the Counties 
of New Hanover and Duplin, read tlie third time and passed. 
Ordered to be engrossed. 

On motion, the House took under consideration the Message from 
the Assembly of tlie 20"" relative to the Treasurers Bill and ordered 
that the following Message be sent to the Assembly 



324 COLONIAL RECORDS. 



Mr Speaker and Gentlemen of the Assembly, 

We observe that in answer to our Message of the 20"" Inst on the 
Treasurers Bill you have insisted on your sole right of nomination 
and thereby continued those difficulties which obstruct the Bills 
passing, We do not see (however condescending we might wish to 
be for the sake of any public measure) how we can (circumstanced 
as we are) recede from our jjroposed amendments, as such a pro- 
ceedure would argue a relinquishment of our joint right of nomina- 
tion ; which we will by no means agree to make, however if you will 
agree that in case we pass the Bill it shall be looked upon as a joint 
nomination of the two Houses from our regard to the measure we 
will agree to pass it, otherwise we cannot, You will therefore please 
to consider this subject again and how far any accident which may 
befal the Bill may be justly imputed to you or to us 

By order. ' " ' J. B. Clk, 

25'" Nov 1766, 

Then the House adjourned till 9 "Clock tomorrow morning. 

Wednesday Morning 26'" November 1766. 

The House met according to adjournment 
Present as before. 

On motion the following Bills were ordered to be read. Viz', 

A Bill to amend an Act Intitled an Act to prevent the exporta- 
tion of unmerchantable commodities, read the second time amended 
and passed. 

A Bill to lay a tax on Pedlars and otlier Itinerant Traders coming 
into this Province. Read the second time amended and passed. 

On Motion the Bill to impower the Church Wardens and Vestry- 
men of St Johns Parish in the County of Bute to appropriate the 
surplusage money levied for erecting the public Building in said 
County to the use of the said Parish of St Johns was read the second 
time amended and passed. 

Received from the Assemblv bv Mr Harnet and Mr Shepard the 
following Me.'^sage ^'iz'. 

Gentlemen of His M.ajestysjHonble Council, 

On reading for the third time the Bill to amend an Act Intitled 
an Act for regulating the pilotage of Cape Fear River and other 
purposes, 



COLONIAL RECORDS. 325 



We observe that your Honours have steted the clauses relative to 
the duty on tonage and duty on the exportation' of tar pitch and tur- 
pentine to South Carolina, and also the clause requiring an addition 
to the bond to be given by masters of vessels which were deled by 
us on the second reading of the Bill in this House. We propose 
that the same be deled, to which if j^ou agree please to signify the 
same to this House otherwise we cannot pass the Bill. 

JOHN HARVEY Speaker 

By order W" Hekritage Clk. 

26"' Nov. 1766. 

On Motion, the Bill for regulating the dutj' of a vendue Master to 
be appointed for the Town of Wilmington in this Province, was 
read ordered that the following Message be sent to the Assembly, . 

Mr Speaker and" Gentlemen op the Assembly, 

On reading the third time the Bill for regulating the duty of a 
vendue master &c°, We propose the following amendments viz', That 
the title of the Bill on the top be made agreeable to the title endorsed 
on the back. 

That as the com' allowed bj^ the Bill as it now stands are too low, 
we propose to allow two and a half p. cent on all sales not amount- 
ing to one hundred pounds, and two p. cent on all sales amounting 
to one hundred pounds and upwards. 

And that the words " to be " be inserted in the clause obliging the 
Tendue master to account, to make that clause consistent with the 
Bill, to which amendments if you agree please send some of your 
members to see those amendments made. 

By order .J. B. Clk. 

26"" November 1766. 

On motion ordered that the following bills be read, ^'iz' 

A Bill for erecting part of Rowan County and part of Orange 

County into a separate county by the name of and Parish of 

and other purposes. Read the second time and ordered to 

lie on the Table sine die 

A Bill for rating the prices of the .several commodities therein 

mentioned. Read the third time and ordered to lie on the Table 

sine die. 



326 COLONIAL RP:CORDS. 



A Bill to prevent the unreasonable destruction of Fish in Neuse 
River Ac' read the third time and ordered that the following Message 
be sent to the Assembly 

Mr Speaker and Gentlemen of the Assembly 

On reading for the third time the Bill to prevent the unreasonable 
destruction of Fish in Neuse River &c* We observe you have 
omitted to mention the limits you intended as to Neuse River. You 
will please to send two of your members to have it inserted 

A Bill to amend an Act Intitled an Act for regulating the pilotage 
of Cape Fear River and other jjurposes read the third time and 
ordered tliat the following Message be sent to the Assembly Viz' 

Mr Speaker and Gentlemen of the Assembly. 

On reading your Message relative to the regulating the pilotage of 
Cape Fear River and other purposes ; We agree to your proposal of 
deleing the several Clauses you mention, and hope the Bill will then 
pass your House 

By order .7. B. Clk 

26'" Nov 1766. 

A Bill for appointing a printer to this Province, read the third 
time and ordered that the following Message be sent to the Assem- 
bly Vizt. 

Mr Speaker and Gentlemen of the Assembly. 

On reading the Bill for appointing a printer to this Province we 
propose the following amendments Viz'. 

To make the time for printing and transmitting the laws three 
months as it stood at first instead of four months. And that the 
said James Davis transmit to the Clerks of each House of Assembly 
one copy of the Journals of the Assembly and that you dele the 
word either and insert each to prevent disputes, to which amendments 
if you agree please send some of your members to see them made 

By order J. B. Clk. 

26'" Nov. 1766. 

Received from the Assembly by Mr Fanning and Mr Bentoli the 
following Bills and message. 

A Bill to'amend an Act concerning Marriages. 



CHJLONIAL RECORDS. 327 



A Bill to lay a Tax on Pedlars and other Itinerant Traders coming 
into this Province. On motion read the tliird time and passed. 
Ordered to be engrossed. 

A Bill to impower the Church wardens and vestrymen of St Johns 
Parish in the County of Bute to approjiriate the surplussage money 
levied for erecting the public building in said County to the use of 
the said Parish of St John. On motion read the third time and 
passed. Ordered to be engrossed. 

Message 

Gentlemen of His Majestys Honble Council 

In answer to your Message relative to the Bill for regulating the 
duty of a vendue Master to be appointed for the Town of Wilming- 
ton in this Province this House agree to the several alterations pro- 
posed by your Honors except that relative to the Commissions which 
this House catinot agree to. If your proposal should be agreeable 
the Members who carry this Message will see the alterations made 

JOHN HARVEY Speaker 

By order W"* Herritage Clk. 

26* Nov. 1766. In the Assembly 

Then the said Bill was again read and rejected. 
Received from the Assembly the following Message by Mr Fan- 
ning and Mr Benton Viz' 

Gentlemen of His Ma.jestys Honble Council. 

It is with real concern that we find our answer to the amendments 
proposed by your Honors Message to this House of the 20"' Inst in 
the Bill for appointing a Treasurer has proved dissatisfactory and 
the more so as it appears from the import of yesterdays Message 
that exception has been taken rather at the modes of expressions 
in our answers than to our non complyance with the proposed 
amendments. In our answer we endeavoured to adopt the greatest 
delicacy of expression and as we conceived entirely avoided assert- 
ing the sole right of nomination in us or denying the right of joint 
nomination as mentioned in your message, with a design of leav- 
ing this point of modern controvercy to be disputed at some future 
season when there should be greater need of and stronger inclina- 
tion to debate between the two Houses, on points of Privileges, In 
this view of the matter we cant but flatter ourselves it will be 



328 COLONIAL RECORDS. 



thought consistent with the wisdom and justice of your House at 
this time to waive an expHcit or definitive determination of the 
rights of the nomination between the two Houses especially on this 
occasion wherein the peace of government, the public good and the 
harmony of two branches of the Legislative body of the Province 
must greatly depend, This House would most cheerfully acquiese 
in every measure and comply with every suitable proposal to 
remove the difficulties that may obstruct the passage of the Bill before 
your Honours, A Bill wherein the interest of the Public is most 
nearly and essentially concerned, and therefore should esteem your 
passing the Bill as it left this House not as a relinquishment of any 
of your rights, but as an earnest of your desire to advance the pub- 
lic good and to cultivate that harmony and unanimity which ought 
ever to subsist between the two Houses and which we are most cor- 
dially disposed to promote by every laudable measure 

JOHN HARVEY Speaker 

By order W° Herritage Clk. 

26"" Nov. 1766 In the Assembly 

Then the House adjourned till tomorrow morning 9 "Clock 

Thursday Morning 27"" November 1765 
The House met according to adjournment 

Present as before. 
On motion the Bill to prevent the Inhabitants of South Carolina 
driving their stocks of cattle from thence to range and feed in this 
Province was read the third time and ordered the following Mes- 
sage be sent to the Assembly, Viz' 

Mr Speaker and Gentlemen of the Assembly 

On the third reading of the Bill to prevent the Inhabitants of 
South Carolina driving their stocks of Cattle from thence to range 
and feed on this Province Ac" 

We observe you have inserted between the first and second lines 
in the second section these, words "not an Inhabitant of this 
Province" which we apprehend, arose from an opinion in your 
House that Inhabitants of this Province are tied down by the Bill 
(as it before stood) not to keep moro than ten head of their own 
Cattle to every hundred Acres of land, But as that is not the case 
or intent, we would propose to dsle the above mentioned words and 



COLONIAL RECORDS. 329 



also those words jtreceding, "And be it further enacted hijthe authority 
aforesaid t!iat," and consolidate the first and second clauses in the 
Bill bj' inserting the word "and" immediately after the last word 
in the first section, and the word "sucli" before the word Cattle, 
Which amendments will make the Bill more consistent and clear 
than it at present stands; to which if you agree please send some 
of your Members to see the alterations made. 

By order J. B. Clk. 

27'" Nov 1766, 

Received from the Assembly by Mr Williams and Mr Kennan 

the Bill to amend an Act Intitled an Act to prevent the exportation 

of unmerchantable Commodities. 

On motion ordered that the following Bills be read, Viz' 

A Bill to amend an Act intitled an Act concerning Marriages, 

Read the third time and ordered that the following Message be sent 

to the Assembly ^'iz' 

Mr Speaker and Gentlemen of the Assembly. 

On reading a third time the Bill to amend an Act concerning 
Marriages, We propose that the Bill should be amended, as it went 
from this House on our second reading, to wit, 

To rfc/e these words "or of the dissenting Presbyterian Clergy" in 
the second line in the second section. 

To dele the words "in their usual and accustomed manner" 
between the third and fourth lines in the second page. 

To stet in the fifth line tliese words, "Any mi)iister of the Church of 
England or" 

And to dele in the first proviso these words inserted by j^ou, " or in 
such manner as directed by this Act," 

And also that the following clause be added. And be it further 
enaoted by the Authoritj' aforesaid that this Act shall be and 
remain in force for and during the sj^ace of three years from the 
passing thereof and no longer, to which amendments if you agree 
please send some of your Members to see the same made. 

By Order .J. B. Clk 

27'" November 1766. 

A Bill to amend an Act Intitled an Act to {irevent the exporta- 
tion of unmerchantable commodities, read the third time and ordered 
that the following Message be sent to tlie Assembly 



330 COLONIAL RECORDS. 



Mr Speaker and Gentlemen of the Assembly, 

On reading the third time the Bill to amend an Act Intitled an 
Act to prevent the exportation of unmerchantable commodities, We 
observe you have inserted a clause for appointing several places of 
inspection, and have steted the clause for repealing the duty on raw 
hides and calf skins — 

We proj^ose that both tJiese clauses be deled, to which if you agree, 
please to send some of your Members to see the same done. 

27"" Nov 1766, In the upper House 

By order J. BUR(4WIN Clk, 

On motion the Bill to amend an Act Intitled an Act for rendering 
more effectual the laws making lands and other real estates liable 
to the payment of debts, was ordered to be read, read the second 
time amended and passed, 

Received from the Assembly the following Mes.sage Viz' 

Gentlemen of His Majesty's Honble Council, 

We agree to the several alterations proposed by j'our two Messages 
of yesterday and one of this day relative to the Bill for appointing 
a printer, the Bill to prevent the unreasonable destruction of Fish 
in Neuse River, and the Bill to prevent the inhabitants of South 
Carolina driving their stocks of C!attle from thence to range and feed 
in this Province and have sent Mr Ashe and Mr Spencer two of the 
Members of this House to see the same made, 

.JOHN HARVEY Speaker, 

27"" Nov 1766, In the Assembly 

By order W™ Heritage Clk. 

Then the alterations in the said Bill were made in presence of the 
members sent for that purpose. And on motion the said Bills were 
again severally read and passed with amendments (Ordered to be 
engrossed. 

On motion ordered the Message from the Assembly relative to the 
Treasurers Bill be read, which was accordingly done and ordered 
that the following entry be made on tlie .Journals, 

This House on reading the Message of the Assemljly of the 26"" 
are of opinion that the same is not satisfactory but as the rights of 
this House are not denied by the Message and it allows that no 



COLONIAL RECORDS. 331 



precedent shall be made to the prejudice of the rights by our pass- 
ing the Bill, The House in order to manifest their warm desire to 
advance the public good and to preserve the harmony and unan- 
imity which subsists between the two Houses, have agreed for this 
time and passed the Bill, 

Then the said Bill again read and t)assed the third time Ordered 
to be engrossed. 

Received from the Assembly by Mr Person and Mr Sheppard the 
following Message, Viz' 

Gentlemen of His Ma.jestys Honble Council 

~ In answer to your Message of this day regarding the Bill to amend 
an Act Intitled an Act to prevent the exportation of unmerchantable 
commodities. We agree to your proposal and send Mr Person and 
Mr Sheppard two of the Members of this House to see the clauses 
mentioned deled 

.JOHN HARVEY Speaker, 
27* November 17(56, In the Assembly, 
By order W" Herri tag e Clk. 

Then the alteration in the said Bill was made in presence of the 
Members sent for that purpose and on motion the said Bill was 
again read and passed with amendments, • 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning 28"' November 1766. 
The House met according to adjournment 

Present as before. 
Received from the Assembly p' Mr Fanning and Mr Howe the 
following message A^iz'. 

Gentlemen of His M.v.]estys Honble Council, 

In answer to your Message of yesterday wherein you propose sev- 
eral amendments to the Bill to amend an Act concerning Marriages, 
We inform your Honours that it was the sense of this House on 
reading the Bill that the following words, " or any of the dissenting 
Presht/teri'iH cleriji/" a>^ deled in your House, should remain so and 
this House for the clause and better understanding of the Bill agree 
that the words, " by license " be inserted between the words proposed 
to be deled in the first Proviso which will read then as follows, " or 



332 COLONIAL RECORDS. 



by license in such mmuier as directed by this Act" and with this altera- 
tion hope your Honours will pass the Bill, as we cannot agree to any 
other alteration or amendment, and if your Honors will pass the 
Bill with this alteration, the two Members by whom this is sent will 
see the alterations made. 

.JOHN HARVEY Speaker 

By order W™ Hekritage Clk. 

27* November 17H(). In the Assembly. 

Then the Alterations were accordingly made in said Bill in pres- 
ence of the Members sent for that purpose, and then the said Bill 
was again read and passed with amendments. 

Ordered to be engrossed. 

Received from the Assembly the Bill to amend an Act Intitled an 
Act for rendering more effectual the Laws making lands and other 
real estate liable to the payment of debts, (_)n motion read the third 
time and passed. 

Ordered to be engrossed. 

Received from the Assembly the following Message, Viz'. 

Gentlemen op His Majestys Honble Council 

The Committee appointed by this House in conjunction with a 
Committee of yours to .draw up an Address to His Majesty have 
reported that the same is prepared which on being read is approved 
of by this House and herewith sent to you for your Honours con- 
currence that it may* appear to be received as the joint address of 

both Houses. 

JOHN HARVEY Sjieaker 

By order W" Herritage Clk. 

28'" Nov 1760. 

On motion the said address was ordered to be read which was 
accordingly done and approved and ordered that tlie same be 
entered on the Journals of this House as the joint address of both 
Houses, Viz' 

To THE Kings most Excellent Majesty 

The Humble Address of the Council and Assembly of North t'arolina. 
Most Gracious Sovereign. 

We your Majesty's most loyal and dutiful subjects the Council 
and Assembly of this your Province of North Carolina beg leave 



COLONIAL EECORDS. 333 



with all humility to approach your throne with our warmest wishes 
for the safety and prosperity of j'our royal person, i'amily and 
government. 

The very considerable part your Majesty's faithful subjects in 
.America have borne in the late transaction, makes it highly neces- 
sary for them to take the earliest opportunity of manifesting their 
unshaken Loyalty and of making every return of duty and grati- 
tude for the paternal goodness which has so graciously relieved 
them. Permit us Sir your faithful subjects of North Carolina with 
all haste to assure your Majesty that in times of our utmost appre- 
hensions our breasts were ever filled with the purest sentiments of 
love and loyalty to the best of Kings; nor did we doubt but that 
your tender care over all your Subjects would (as soon as our griev- 
ances were made known) relieve us from a burden much too heavj' 
for us to bear. 

It is the glory and happiness of the Inhabitants of this your 
Province of North Carolina to look upon themselves as part of the 
British Emjjire; And as such to testifj' and acknowledge (upon all 
occasions) not only the love and duty of their hearts to your Majestj-'s 
Royal person, family and government, But also their cordial and 
natural attachment to the Mother Country : And we doubt not but 
that the wisdom and Justice with which the Parliament assisted 
your Majesty in your most gracious purposes, of not only relieving 
your American Subjects from their late unhappy situation but of 
opening new channels for trade and commercial advantages will be 
productive in us, of every proper sentiment of re.spect and gratitude. 

With joy and thankfulness we acknowledge those recent instances 
of your Majestys goodness, and the Justice of Parliament, as thereby 
the happiness of your Subjects is secured and fixed upon the true 
basis of public Liberty. 

That your Majesty maj' long reign in the hearts of an united 
grateful and liappy people, and that when after a length of years, 
Heaven shall take you to itself, there never may be wanting one of 
your illustrious and gracious family to fill the Throne of the British 
Empire, are the ardent prayers of your Majestys most dutiful and 
loyal Subjects the Council and Assembly of this Province. 

On motion ordered that the following address be sent to His 
Excellency the Governor as the joint address of both Houses, viz' 

To His Excellency William Tryon Esquire, Governor and Com- 
mander in Chief, in and over His' Majestys Province of North 
Carolina 



334 COLONIAL RECORDS. 



The Humble Address of the Council and Assemblj' of the said 

Province, 
Sir, 

We the Members of the Council and Assembly of this Province 
have prepared a joint address to our Most Gracious Sovereign, on 
the Subject of the many and signal instances of the Royal favour 
which he has recently conferred on liis faithful subjects in America, 

Emboldened by the kind assurances and encouragement you was 
pleased to give us in your answer to the address of the assembly, at 
the opening of the present Session, 

We beg leave to recommend such our address to your Excellency : 
trusting that through your good offices, the sentiments and wishes 
of His Majestys faithful Subjects of this Province, will be safely and 
speedily laid before the Royal Presence, 

Then on motion ordered the following Messsage be sent to the 
Assembly, 

Mr Speaker and Gentlemen of the Assembly, 

We agree with the Address to His Majesty as prepared by the 
Committee and send it to you signed by our President. 

We also send an Address (signed by our President) to the Gover- 
nor recommending the same to his good ofhces, with which if you 
think proper you will concur 

By order " .]. BURGWIN Clk. 

2S"' November 1760 

Theji the House adjourned till 9 °( 'lock tomorrow morning. 

Saturday Morning •29"' November 1766 
The House met according to adjournment 

Present as before 
Received from the Assembly the Rejjorts of the Committee of 
Claims which on motion was ordered to be read and further ordered 
that the following Message be sent to the Assembly Viz' 

Mr Speaker and Gentlemen of the Assembly, 

We observe that you have allowed James Davis for printing the 
Laws and Journals of 1764 and last Session one hundred and 
ninety pounds which allowance we cannot think just, as a printer 
was by Commission under the late Governor appointed, whose office 



COLONIAL RECORDS. 335 



it was to print the Laws and having performed that service is 
intitled to tlie proper salary, and we shall under no circumstances 
jigree that any allowance shall be made to the said Davis or any 
other under any particular Resolve of your House and therefore 
propose that the said claim be disallowed and a Resolve pass the 
Houses that Andrew Stewart His Majestys printer be allowed the 
sum of one hundred pounds and James Davis be allowed the sum 
of one hundred and ninety pounds to be paid by the public 
Treasurers — We propose this in order to avoid entering more par- 
ticularly into these matters at present and hope you will concur 
with us, 

We would further [iropose to allow the CUerk of the Committee of 
Claims thirty pounds instead of twenty, as we conceive it an allow- 
ance more adequate to the service and dignity of both Houses. 

By order J. BURGWIN Clk, 

29"' November 176t>. 

It being signified to this House from the Assembly that, that 
House concurred with the address proposed to His Excellency, 
Ordered that this House wait on his Excellency to deliver the same 
in conjunction with the Assembly. 

Then this House waited on his Excellency in conjunction with 
the Assembly and delivered the said address by the Honble John 
Rutherford Esq, to which His Excellency was pleased to return the 
following Answer, Viz' 

Honble Gentlemen, Mr Spe.vker .^nd Gentlemen of the House 

OF Assembly 

It is with tlie most grateful and sensible satisfaction I accept the 
Commission you honor me with — You may be assured I shall 
embrace the earliest opportunity to transmit your joint Address to 
His Majest}' 

Then the House adjourned till 9 "Clock to morrow morning 

Monday Morning 
The House met according to adjournment. 

Present as before 
Received from the Assembly by Mr Person and Mr Dawson the 
Reports of the Committee of Accounts read in the Assembly and 



336 COLONIAL RECORDS. 



approved of and on motion was read in this House and concurred 
with. 

JOHN RUTHERFORD P. . 
By order -f. B. Clk. 

Received from the Assembly by Mr Caswell and Mr Blount the 
following Message Viz' 

Gentlemen of His Majestys Honblk Council, 

In answer to your Honors Message of Saturday last to prevent 
the force and autliority of precedent to futurity (to avoid which we 
apprehend is the most weighty objection with j^our House to Mr 
James Davis his allowance) We agree that the sum of one hundred 
and ninety pounds allowed Mr Davis should ajapear not as acting 
under the sole Resolve of this House, but a claim for services done 
the public, and should Mr Andrew Stewart lay in his claim for 
services rendered the public as a printer We doubt not but it 
would be thought consistent with the duty of this House to observe _ 
the same rules of distributive Justice in the consideration of Mr 
Stewarts Claims as that of any other person, but as the commission 
he acted under is unknown to the Laws and constitution of our 
Country and consequently his salary if any (which we deny) 
uncertain we cannot conceive how we can be made acquainted with 
the measure of his service or the worth of his labour by any other 
method than by a claim on the public legally exhibited. 

We cannot agree to augment the allowance made the Clerk of 
the Committee of Claims as we flatter ourselves he thinks the com- 
pensation made him by this House adequate to his service 

As it would at all times yet more especially at this juncture give 
pain to offer anything that should be the cause of discontent to 
your Honors so on the contrarj' would it afford us the highest 
pleasure should this Answer to your message be thought satisfactory 
and thereb}^ happily terminate the business of this Session, to which 
if you agree the Members of this House who carry this, will see the 
proposed alteration made 

JOHN HARVEY Speaker 

By order W" Herritage Clk 

r' Dec. 1766. 



COLONIAL RECORDS. 337 



The Honble Lewis DeRosset moved the House that they proceed 
to take into consideration the address of tlie Assembly in Answer 
to his Excellency's Speech at the opening of the Session. 

The same was laid before the House and on mature deliberation, 

Resolved, That the Assembly asserting in such their Address, that 
the want of a Treasurer and Agent was owing only to the indis- 
cretions of this House, is an indecent and unjustifiable proceedure 
and highly derogatory of the Honor of this House, 

That the approbation of this House as to a Colony Agent is neces- 
sary and proper, but that the chief reason and cause of the 
miscarrying of the late Agent Bill was the refusal of the Assembly 
to allow this House a proper share in the Committee of corre- 
spondence. 

Resolved, that the House of Assembly have not an exclusive right 
of appointing or nominating a public Treasurer, And that this 
House have a coequal right witli tliem both in the nomination and 
appointment, 

That the appointment of a Provincial Treasurer is a creation of 
the legislature here, dissimilar from and repugnant to the constitu- 
tion of the British Government, That such appointment was origin- 
ally participated and shared by the two Houses as appears by the 
several former Laws passed for appointing Treasurers, 

That this House is at a loss to judge of the foundation upon which 
the Assembly ground this their exclusive right ; And do not think 
in justice to the Crown or themselves they can or ought to give up 
such their joint and coequal right of nomination and appointment 

Resolved that this House will at any time when called upon either 
by His Majesty or His Excellency the Governor, give the reasons at 
large upon which the above Resolves are founded. 

Received from the Assembly their estimate of allowances &c" 
■ which on motion was read approved of and agreed to and concurred 
with JNO RUTHERFORD P. 

By order .J. B. Clk 

1^' Dec 1766. 

Sent to the Assembly by the Clk the estimate of allowances of this 
House for their concurrence, and rece'd the same back endorsed as 
under Viz' 

VOL. vir — 22 



338 COLONIAL RECORDS. 



1" December 1766, Li the Assembly, the above estimate concurred 
with except the allowance of one hundred pounds to John Burgwin 
C'lk, for extra services this session to which this House cannot con- 
cur as we think that sum much too large for the service 

JOHN HARVEY Speaker 

By order W" Heeritage Clk, 

Then His Excellency the Governor came to this House and com- 
manded the attendance of the Speaker and Lower House of Assem- 
bly who accordingl}' attended and presented to His Excellency the 
following Acts for his assent Viz' 

1. An Act appointing John Ashe Esq public Treasurer in the 
room of John Starkey Es(]. 

2. An Act for erecting a convenient building within the Town of 
New-Bern for the residence of the Governor and Commander in 
Chief for the time being, 

3. An Act for appointing the method of distributing Litestates 
Estates. 

4. An Act for the relief of such persons as have or may suffer by 
not having their deeds &c proved and registered, 

5. An Act for reviving and reenacting the several Acts of Assem- 
bly relating to the inspection of Tobacco. 

6. An Act to continue an Act Intitled an Act for appointing a 
Militia 

7. An Act to amend an Act for rendering more effectual the Laws 
making lands and other real estates liable to the payment of debts 

8. An Act for facilitathig the navigation of Port Bath, Port Roan- 
oke and Port Beaufort, 

9. An Act to amend an Act concerning marriages 

10. An Act for a further allowance of Comihissions to Sheritts &c* 

11. An Act to lay a tax on Pedlars and other Itinerant Traders, &c* 

12. An Act to amend an Act to prevent the exportation of unmer- 
chantable commodities, 

13. An Act appointing James Davis Printer to this Province 

14. An Act to prevent the Inhabitants of South Carolina driving 
their stocks of Cattle from thence to range and feed in this Prov- 
ince &(f 

15. An Act to amend an Act for establishing a Town in Orange 
Countv &o' 



COLONIAL RECORDS. 339 



16. An Act to continue an Act to suppress excessive and deceitful 
gaming. 

17. An Act for further continuing an Act intitled an Act for the 
relief of Vagrants. 

18. An Act to prevent hunting for and killing deer in the manner 
therein mentioned. 

19. An Act for establishing a school house in New Bern. 

20. An Act to impower the Justices of Beaufort Count}' to build 
a court house, prison and stocks in Bath Town. 

21. An Act to prevent the unreasonable destruction of Fish Ac* 

22. An Act for establishing the Titles of the freeholders in Eden- 
ton (fee* 

23. An Act to amend the Act for the regulation of the pilotage of 
Cape Fear River. 

24. An Act for erecting a Court House and prison for the Di.strict 
of Edentou. \ 

25. An Act for joining the navigation of Olil Topsail Inlet to 
Neuse River cfec" 

26. An Act to impower the Church M'ardens and vestrymen of 
St. -Johns Parish, Bute Count}' to appropriate the surplussage mone}' 
levied for public building etc* 

27. An Act for ascertaining the boundary lines between Duplin 
and New Hanover 

28. An Act to encourage Benj' Heron to build a bridge over the 
North East River • 

29. An Act to confirm a lease made by the Tuscarora Indians Ac" 

30. An Act for allowing time for the payment of duties on wines 
and distilled liquors. 

To which Acts His Excellency was pleased to give his Assent 
(except to the Act for allowing time for the payment of duties on 
wines and distilled liquors which he rejected) and then made the 
following Speech to both Houses ^'^iz' 

Honorable Gentlemen, . 

Mr Speaker and Gentlemen of the House op Assembly 
I cannot close this Session without requesting your acceptance of 
my very sincere and hearty thanks for the provisions you have 
made for the happier establishment of, this Government, both b}' 
the Public and private Acts, now ratified. 



340 COLONIAL RECORDS. 



The generous and honorable attention you have paid to the sev- 
eral matters I have laid before you, claim equal returns of my 
acknowledgements; as I am sensible you have gone as far as the 
weak state of your public -funds will admit. 

I assure you Gentlemen the great trusts you have reposed in me 
strengthens my affectionate regard for the prosperity of this Prov- 
ince; and I shall endeavour to testify the gratitude I feel for such 
confidence, by a faithful and diligent discharge of the several ser- 
vices, you have committed to my care. 

My warmest wishes have been constantly' engaged in the service 
of my Royal Master and the real interest of this Colony ; and I am 
happy in the experience this Session has given me to find a due 
dependancy on the Crown, and the just liberties of the subject may 
be preserved on so equal a balance as to give strength and power to 
the Throne, and secure happiness and true liberty to the People, 

Then the House adjourned till tomorrow morning 10 "Clock. 

Tuesday Morning 2'' December 1760. 
The House met according to adjournment 

Present as before. 
In the Assembl}', Resolved, That .James Davis Printer be paid the 
sum of one hundred and ninety pounds by the Treasurer out of the 
contingent tax for services heretofore done by him for the Public 
and desire your honors concurrence 

.JOHN HARVEY Speaker 
By order W" Herrit.\(;e Clk 

2' Dec 1766, 

In the upper House 2'"' December 176(), the foregoing Resolve was 
read and concurred with, 

JNO RUTHERFORD Presd' 
By order J. P.. Clk, 

On consideration of a disallowance by the Assembly to the extra 
Services in the estimate of tliis House to the CUerk Ordered that the 
following Message be sent to the Assembly 

Mr Speaker and Gentlemen 

It is with great surprise your House have refused to concur with 
this House in the Allowance to our Clerk for his extra services this 



COLONIAL RECORDS. Ul 



Session which you tliink too large, We think each House are best 
Judges of the allowances to their officers, And as this House did 
not allow more than at a foxmer session of shorter continuance than 
this and in which the services were not so great, We are at a loss 
to know for what reasons your disallowance is founded, However 
to prevent any disputes and to conclude this Session amicably, We 
propose the allowance to our Clerk for his extra services be reduced 
to seventy pounds if you agree please make a Resolve accordingly 
Received from the Assembly the following Message Mz' 

Gentlemen of His Majestys Honble Council, 

In answer to your Message of this day relative to our nonconcur- 
rence of Mr Burgwins Allowance for his extra services. We must 
inform you this House cannot agree to allow him the sum proposed 
by your said Message but will agree he be allowed fifty pounds 
being the sum allowed the Clerk of this Hovise for his extra ser- 
vices during this Session, if that sum to Mr Burgwin meet your 
approbation please to signify the same to us and this House will 
Resolve accordingly 

JOHN HARVEY Speaker 

By order ^^''" Hereitage Clk 

•2-'* Dec ITfiC) 

2"'' December 17U(J, On motion the House took under Consideration 
the Assembly's refusal of allowing one hundred pounds to the Clerk 
of this House for liis extra services 

Resolveil, Tliat such a refusal by the Assembly is highly deroga- 
toiy to the dignity of this House which can be the only Judge of 
the Services jierformed by their Clerk and of the Allowance adequate 
to such service 

Resolved that the sum of one hundred pounds is no more than 
what the clerk of this House deserves and is entitled to for his extra 
services this session and what has been allowed heretofore at Sessions 
of shorter continuance and in which there were many less services 
performed, 

Then the General Assembly was prorogued by Parliament till 8"" 
June next to meet at New Bern. 



342 COLONIAL RECORDS. 



North Carolina 

At an Assembl}^ begun and held at Newbern, the third day of 
November, in the seventh year of the reign of our Sovereign Lord 
George the third, 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 six ; being the first session of this present Assembty, 

In the House of Assembly. 

Monday November 3'^ 1766. 

The Clerk of the Crown returned certificates of the due election of 
Representatives for the several Counties and Towns in this Province, 
to sit and vote in this jiresent Assembly, 

Pasquotank — Samuel Swann Jun, Thomas Taylor Jun, -loseph 
Jones, John Sawj^er, Benj" Palmer. 

Carteret — William Cole, Richard Cogdell. 

Perquimans — Benjamin Harvey, John Harvey, Charles Blount, 
John Skinner, Andrew Knox. 

Wilmington — Corn' Harnett. 

Brunswick — Maurice Moore. 

Dobbs — Abra" Sheppard, Richard Caswell. 

Beaufort — John Barron, Thomas Respess. 

Anson — John Crawford, Samuel Spencer. 

Currituck — John Woodhouse, Henry White, Stephen Williams, 
Kader Merchant, Joshua Campbell. 

Halifax — John Bradford, William Branch. 

Bladen — William Bartram, Hugh Waddell. 

Edgcombe — William Haywood, Duncan Lemmon. 

Salisbury' — John Mitchell. 

Halifax — Joseph Montfort. 

Bath — Patrick Gorfjon. 

Rowan — John Frohock, Griffith Rutherford. 

Northampton — Robert Jones, Henry Dawson, Edmund Smith- 
wick. 

Tyrrill — Stevens Lee, Benjamin Blount, Jasper Charlton, Francis 
Ward. 

Pitt — John Spier, John Simpson. 

Orange — Edmund Fanning, Thomas Lloyd. 

Granville — Robert Harris, Samuel Benton. 



COLONIAL RECORDS. 343 



Hyde — William Webster, John Smith. 
Mecklenburg — Thomas Polk, Martin Fifer. 
Brunswick — Robert Howe, John Paine. 
Bertie — Cullen Pollock, William Gray, Robert Lennox. 
Craven — Thomas Clifford Howe, Jacob Blount. 
New Bern — Alexander Elmsley. 
Bute — Benjamin Person, Benjamin Ward. 
Eden ton' — Joseph Hewes. 

Onslow — AVilliam Gray, Richard Ward, Edward Vail. 
Chowan — Samuel Johnston, Timothy Walton, James Bond and 
James Blount. 

Pursuant to which the following Representatives appeared, to wit, 

Mr Pollock, Mr Cogdell, Mr Elmsley, Mr Respess, Mr Barron, Mr 
Payne, Mr Sawyer, Mr Robert Harris, Mr Fanning, Mr White, Mr 
Spier, Mr John Harvey, Mr Webste.r, Mr Cray, Mr Mau' Moore, Mr 
Bradford, Mr Sheppard, Mr Ja° Blount, Mr Jacob Blount, Mr Mitchel, 
Mr Haywood, Mr Benjamin Ward, Mr Stephen Williams, Mr Person, 
Mr Skinner, Mr Benton, Mr Samuel Johnston, Mr Joshua Campbell, 
Mr Vail, Mr Frohock, Mr Cole, Mr Hewes, Mr Branch, Mr Charles 
Blount, Mr Benjamin Harvej', Mr Caswell, Mr Fifer, Mr Rutherford, 
Mr Dawson, Mr Simpson, Mr Joseph AVilliams, Mr Spencer, Mr 
Ward, Mr Loj'd, Mr Benjamin Blount, Mr Patrick Gordon, Mr Jones, 
Mr Polk, Mr Knox, Mr Woodhouse, Mr Smithwick, Mr Waddell, Mr 
Harnett and Mr Robert Howe. 

Two members waited on his Excellenc}' the Governor, and 
acquainted him a majority of the Representatives were met, and 
qualified ; and desired to know when they should wait on his Excel- 
lency; who returned for answer, immediately. 

The Members waited on his Excellency the Governor in the Coun- 
cil Chamber when his Excellency was pleased to direct them, to 
return and make choice of a Speaker 

The Members returned, and Mr Caswell moved that John Harvey 
Esquire be chosen Speaker; and was unanimously chosen Speaker, 
and placed in the Chair accordingly. 

Mr Howe and Mr Fanning waited on his Excellency the Governor, 
and acquainted him the Members had made choice of a Speaker, 
and desired to know Mdien they should wait on him for his approba- 
tion ; and being returned acquainted the Members that his Excel- 
lency said he would receive them immediately. 



344 COLONIAL RECORDS. 



The Members waited on his Excellency the Governor in the Coun- 
cil Chamber and presented John Harvey Esquire to His Excellency 
for approbation, who was pleased to approve of their choice. Then 
Mr Speaker asked His Excellency to confirm the usual privileges of 
the House particularly of that oi freedom of speech, to which his 
Excellency for answer was pleased to say, the House might depend 
he would preserve to them all their just rights and privileges. 

Then Mr Speaker, with the House returned. William Herritage, 
Gentleman was unanimously chosen and appointed Clerk to this 
House, and took his place accordingly 

Henry Books was appointed Door keepei' to this House, during 
the absence of Francis Liner. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday, November 4"" 176G. 

The House met according to-adjournment, 

His Excellency the Governor sent a Message to this House, desir- 
ing the immediate attendance thereof 

Mr Speaker with the House waited on his Excellency the Gover- 
nor in the Council Chamber, where his Excellency then made a 
Speech to His Majestys Honorable Council and this House, a copy 
of which to prevent mistakes, Mr Speaker obtained 

Then the House returned, Mr Speaker acquainted the House, that 
they had waited on his Excellencj' the Governor and that his Excel- 
lency was pleased to make a speech to His Majesty's Honorable 
Council and this House, and laid the same before the House ; and 
also a letter from the Duke of Richmond; which were ordered to be 
read, the same were accordinglj- read. 

Ordered, the said Speech be entered on the Journal of the House, 
and is as follows, Viz' 

[For the Governor's speech see Journal of Upper House. — Editor.] 

His Excellency the Governor sent the several Acts of Parliament 
and papers referred to in his Speech, which were read. 

Mr Elmsley, Mr Maurice Moore, Mr Johnston, Mr Harnett, Mr 
Fanning, Mr Robert Howe, Mr Hewes, are appointed a Committee 
to prepare an address in answer to his Excellency the Governors 
Speech, and lay the same before the House for approbation 



COLONIAL RECORDS. 34.: 



Mr Barron, Mr ^"ail, Mr Harnett, Mr Frohock, Mr Charles Blount, 
Mr Benton, Mr Lloyd, Mr Caswell, Mr Knox, Mr Harris, and Mr 
Waddell, are appointed a Committee of Priviledges and Elections 

Mr Harnett, Mr Harris, Mr William Cray, Mr Person, Mr Hewes, 
Mr Dawson, Mr Johnston, Mr Fanning and Mr Charles Blount are 
appointed a Committee to state and settle the public Accounts of 
this Province. 

Mr Caswell, .\!r Benton, Mr Frohock, Mr Waddell, Mr XaW, Mr 
Barron, Mr Haywood, Mr Bradford, Mr Paine, Mr Pollock, Mr Res- 
pess, Mr Lloyd, and Mr Spencer, are appointed a Committee to 
settle and allow the public claims of this Province. 

Mr James Blount, Mr Shepard, Mr Harris, Mr Lloyd, Mr Skinner, 
Mr Jacob Blount, Mr Smithwick, Mr Respess, Mr Rutherford, Mr 
Branch, Mr Dawson, Mr Cogdell, Mr Williams, Mr Joseph Jones, 
Mr Pollock, Mr Benjamin Ward, Mr Polk, Mr Waddell, Mr Cray, 
Mr Spier, Mr Webster, Mr Spencer, Mr Hewes, Mr Harnett, Mr 
Elmsley, Mr Mitchell and Mr Haywood are appointed a Committee 
of Propositions and grievances. 

On motion Resolved that Christopher Neale be appointed assist- 
ant Clerk of this House. 

Resolved the following Message be sent to His Majestys Council 

Gextlemex of His Majesty's Hon*"'' Council 

This House have appointed Mr Harnett, Mr Harris, Mr Cray, Mr 
Person, Mr Hewes, Mr Daw.son, Mr Johnston, Mr Fanning and Mr 
Charles Blount a Committee of this House to state and settle the 
public accounts of this Province, and Mr Caswell, Mr Benton, Mr 
Frohock, Mr Waddell, Mr Vail, Mr Barron, Mr Haywood, Mr Brad- 
ford, Mr Payne, Mr Pollock, Mr Respess, Mr Lloyd and Mr Spencer 
to settle and allow public claims on the Province in conjunction 
with such of your Honours as you shall think proper to appoint 

JOHN HARVEY Sp. 

Sent by Mr Fanning and Mr Frohock 

Then the House adjourned till 10 "Clock tomorrow morning. 

AVednesday November 5"' ITBli 
The House met according to adjournment 
Rec'' the following Message from the Council, 



346 COLONIAL RECORDS. 



Mr Speaker and Gentlemen of the Assembly 

In answer to j^our message relative to the Committees, We have 
appointed the Hon""'" Alexander McCuUoch, William Dry and Robert 
Palmer Esquires a Committee of this House to examine state and 
se'ttle the Public Accounts, And the Hon"" Lewis Henry DeRosset, 
John Sampson, and Henry Eustace McCulloh, Esquires a Committee 
of this House to settle and allow the Public Claims. 

Rec'' from the Council the following Message A'^iz' 

Mr Speaker and Gentlemen of the Assembly 

This House have nothing more at heart than the preservation of 
that good order and harmonj', which everj^ friend to the Public 
must wish to see subsist cordially between the two Houses, We 
have taken into consideration a former proposal of appointing Com- 
mittees to establish the decorum of the same, and have appointed 
the Honorable, Lewis DeRosset, John Sampson, and Henry Eustace 
McCulloh Esquires a Committee of this House, to consider and 
report upon the decorum to be observed in the future transacting of 
the i^ublic business between the two Houses ; and also as to the sums 
that shall hereafter be allowed on the estimates for the extra services 
of the clerks, and the several Clerks of the Committees and other 
Clerks occasionally employed, which after being concurred with by 
the two Houses and entered in the respective .Journals thereof, shall 
be the rules to be observed for the future as to their decorum, and for 
making out the estimates, in connection with such of your Members 
as you shall think proper to appoint 

Mr Harnett, Mr Howe, Mr Matf Moore, Mr Elmsley, and Mr John- 
ston are appointed a Committee to join that of his Majesty's Council, 
to settle the decorum of the two Houses ifec" 

Two of the Members of his Majesty's Council came to the House, 
and Mr Jasper Charlton one of tlie Members for Tyrril County 
appeared took the oaths by law appointed for his qualification, sub- 
scribed the test and took tis seat in the House. 

The House being informed that Mr Robert Jones who was elected 
one of the Representatives for Northampton County is since dead, 

Resolved, the following Message be sent to his Excellency the 
Governor, Viz' 



COLONIAL RECORDS. 347 



To HIS Excellency William Tryon, Esqi^ke, Captain, Ufnekal 

Governor &c* 

Sir, 

This House having been informed tliat Robert Jones jun. Esquire . 
who was elected one of the Representatives for Northampton County, 
is dead, therefore desire your Excellency will be pleased to direct the 
Clerk of the Crown to issue a Writ for Electing a Representative for 
Northampton County in the room and stead of the said Rolaert 
Jones ; to sit and vote in this present Assembly 

JOHN HAR^'EY Sp. 

Then the House adjourned till 4 "Clock in the afternoon. 

P. M. The House met according to adjournment 

Then the House adjourned till tomorrow Morning 10 "Clock. 

Thursday November 6"' 1766 

The House met according to adjournment 

Mr Benton moved for leave to bring in a Bill, to amend and con- 
tinue an Act Intitled an Act, to amend and continue an Act, Infi- 
lled an Act for dividing this Province into five several Districts ; and 
for establishing a Superior Court of Justice in each of the said Dis- 
tricts, and regulating the proceedings therein, which was objected to 
and the cjuestion put and passed in the negative. 

Mr Hewes from the Committee appointed to prepare an Address 
in answer to his Excellency the Governor's Speech, presented the 
same, The Same was read, approved of, and ordered to stand the 
Address of the House, and be entered on the Journal thereof; and is 
as follows Viz'. 

North Carolina— Ss. 

To His Excellency William Tryon, Escjuire, his Majestys Cap- 
tain General, Governor and ('ommander in Chief, in and 
over thk SAin Province, 
Sir. * 

We his Majestys most dutiful ami loyal subjects, the Representa- 
tives of the Inhabitants of this i'rovince, thank your Excellency for 
your Sjieech at the opening of tliis Session. 

This House is truly sorry Sir, that any reason whatever, should 
have prevented your meeting this Assembly till this time ; The 



348 COLONIAL RECORDS. 



alarming tendency of the Stamp Act, and the reproachful names of 
Rioters and Rebels, which were liberally bestowed on his Majestys 
faithful Subjects of North America rendered it (in our opinion) highly 
expedient that this House should have been Assembled some months 
sooner; In times of public calamity and distress, when the loyalty 
and attachment to His Majesty's .sacred person and government of 
a whole people are arraigned, no measure can be more essentially 
necessary to the interest and honour of a Province, than to give it 
an opportunity of testifying its duty and allegiance to the Crown, 
and imploring a redress of those grievances with which it is 
oppressed, ' 

With hearts tilled with gratitude, we acknowledge the tender and 
paternal care of our most Gracious Sovereign, and the wisdom and 
justice of the British Parliament; to these sir. We attribute the 
repeal of the Stamp Act; a measure that hath restored peace and 
tranquility to this extended Continent, and effectually secured its 
warmest affection to the Mother Country — 

This House is truly sensible of the conduct and behaviour which 
ought to be observed on this occasion ; it is our duty to acknowledge 
in the most grateful manner, the moderation and goodness of His 
Majesty, and the Justice of his Parliament in removing from us a 
burden much too heavy for us to bear; and we beg leave with real 
sincerity to assure your Excellency, that we should Esteem it a great 
happiness to have it in our power to concur with our Sister Colonies 
in testifying an inviolable attachment to the person of our sovereign, 
and a just and dutiful dependanceon his Government: But it is the 
peculiar misfortune of North Carolina, to be deprived of those means 
which the other provinces peaceably enjoy (and to which this has 
also an unquestionable right) of making known such their dutiful 
dispositions; and if we are wanting in the general suffrage, we hope 
the censure will fall on those only whose indiscretions are the cause 
of it. 

In every other part of his Majesty's American Dominions, where 
the Constitution is similar to that of this Province, the Representa- 
tives of the people enjoy the priviledges of naming an agent to 
represent their loyalty to his Majesty and implore his most gracious 
protection, the concurrence of the other Bi'anclies of the Legislature 
being considered as necessary only to give a sanction to such nom- 
ination : This priviledge, as well as that of naming their Treasurers, 
the people of this Province are denied by the Members of His 



COLONIAL RECORDS. 349 



Majesty's Council; a circumstance wliich we greatly fear may l^e 
followed by consequences fatal to the tranquility and repose of 
this Province. This House however Sir, is too sensible of your 
Excellenc}-'s desire of promoting our happiness and prosperitj^ not 
to hope that you will be pleased to exert every practicable endeavour 
to restore the people to the exercise of their just rights and privi- 
ledges tind to establish the peace and quiet of the Province on the 
most lasting and permanent foundation. 

We cannot help expressing the deep concern we feel, that the 
Colonies should be charged with those marks of undutiful disposi- 
tions which your Excellency has been pleased to say hath been 
testified in their late transactions. We are jjersuaded Sir, that the 
conduct of the Colonies in general and of this in particular hath 
been actuated and influenced by nothing other than .loj'alty to the 
King, the Strongest attachment to the Constitutional Laws common 
in America as well as to Britain, and the tenderest regard for that 
Liberty which they were to secure; In this light would that con- 
duct have been viewed, had not those who were strangers to the 
true interest of Great Britain and her Colonies, injuripusly rep- 
resented it in England as resulting from disaffection to the Crown, 
and a desire of Independence of the Mother Countr3^ 

The unhappiness your Excellency informs us you experienced 
from the public distractions this Province was lately thrown into, 
we are heartily sorry for; it was an unhappiness which few residing 
in this Country were exempt from : That General confusion from 
which it arose, is justly chargeable on those who, unauthorized by 
the Act of Parliament, uninstructed by the Crown, and unincouraged 
by your Excellency pursued measures injurious to the rights and 
liberties of this Colony, and destructive to its trade and Commerce. 

We have nothing more at heart sir, than to see the seat of Justice, 
as well as every other public office in this Province, filled with able 
and judicious men; for such hath this House been ever read}' to 
provide adequate salaries, but at present we are fearful the scarcity 
of currency and the heavy taxes, with which our Constituents are 
burthened, will [not] put it in our power to make that provision 
your Excellency hath recommended ; every other matter mentioned 
by your Excellency we shall pay due attention to. 

Permit us Sir, to congratulate you on a peculiar mark of the 
roy.al favour to this Province, manifested to \ls, in your appointment 



350 COLONIAL RECORDS. 



to this Government; and be assured, we will cheerfully take all 
occasions to render your administration easy and happy. 

JOHN HARVEY Sp. 
Then the House adjourned till 10 "Clock tomorrow morning 

Friday November 7"' 17G6 

The House met according to adjournment 

A Certificate of Election of two Members for New Hanover County 
was returned b}' the Clerk of the Crown, Pursuant to which Mr 
John Ashe and Mr James Moore ap2:)eared. 

Mr Fanning presented a ^^etition from many of the Inhabitants 
of Orange and Rowan Counties, for erecting and establishing part 

of the said two Counties into a County by the name of County, 

which was read, and on Motion Ordered, that Mr Fanning, Mr Fro- 
hock, Mr Lloyd, and Mr Rutherford, prepare and bring in a Bill 
pursuant to the said petition. 

Two of the Members of His Majesty's Honorable Council came to 
the House, and Mr John Ashe and Mr James Moore the two mem- 
bers for New Hanover County, appeared, and also Mr John Smith 
one of the members for Hyde County, appeared, took the Oaths 
appointed for their qualification, subscribed to the Test, and took 
their seats in the House. 

Resolved, that Mr Ashe be added to the Committee to settle the 
decorum of the two Houses. 

Mr Barron moved for leave to bring in a Bill for appointing a 
Public Treasurer in the Soutiiern District in the room of John 
Starkey Esq" deceased. 

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

Mr Moore moved for leave to bring in a Bill, for allowing further 
time, for registering such deeds and Mesne conveyances as have not 
been Registered within the time limited by the Act of Assembly in 
that case made and provided. 

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

Then the House adjourned till 3 "Clock in the afternoon. 

P. M. The House met according to adjournment 
INIr Benton presented -the petition of Peter Blinn Gentleman, com- 
plaining of an undue election of a Representative for the Town of 
Bath, which was read. 



COLONIAL RECORDS. 351 



Ordered the said petition be referred to the Committee of Privi- 
ledge.s and Elections. 

Mr Fanning and Mr Howe waited on His Excellency the Gov- 
ernor and acquainted him the House desired to know when he 
would receive the address thereof, and being returned reported, 
that His Excellency would receive the same on Monday morning. 

A Certificate of the Election of Walter Gibson and Farquher 
Campbell, Esquires Representatives for Cumberland County, was 
returned by the Clerk of the Crown. Pursuant to which Mr Far- 
quher Campbell appeared. 

Two of the Members of His Majesty's C'ouncil came to the House, 
and Mr Farquher Campbell took the Oaths by Law appointed for 
his qualification, subscribed the Test, and took his .seat in the 
House. 

On motion ordered, that Mr Farquher Campbell l)e added to the 
Committee of Priviledges and Elections 

Resolved that the following Message be sent to the Council, Viz' 

Gentlemen up His Majestys»Honble Council, 

In answer to your Message of the 4"" Instant, regarding the Com- 
mittee appointed by your House to settle the decorum between the 
two Houses, This House have appointed, Mr Harnett, Mr Robert 
Howe, Mr Mau Moore, Mr Elmsley, Mr Johnston and Mr Ashe, a 
Committee thereof, to join the Committee appointed by your Hon- 
ours for that purpose. 

JOHN HARVEY Sp 

Sent by ]\Ir Fanning and Mr Person. 

Sent by Mr Fanning and Mr Person the Message to his Excel- 
lency, regarding his Excellency directing the Clerk of the Crown to 
issue a writ for electing a Member to serve in this present Assembly, 
for Northampton County, in the room of Robert Jones Jun"' Esquire 
who is dead; and being returned, reported his Excellency said he 
would direct the Clerk of the Crown to issue a "Writ for that purpose 
immediately. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Saturday, November 8'" 1766 
The House met according to Adjournment 

Two of the Members of his Majesty's Honorable Council came to 
the House and Mr Benjamin Palmer one of the Representatives for 



352 COLONIAL RECORDS. 



Pasquotank County appeared took the oaths by Law appointed for 
his qualification, repeated and subscribed the test, and took his seat 
in the House. 

Mr .Barron according to order brouglit in a Bill for appointing a 
Treasurer, in the room of John Starkey Esquire deceased which he 
read in his place, and delivered in at the Table wdiere the same was 
again read by the Clerk, passed, and ordered to be sent to the 
Council 

Sent the same by Mr Jacob Blount and Mr Mau Moore. 

Mr Hariiett from the Committee of Priviledges and Elections, 
reported that the said Committee had taken under consideration, 
the petition of Peter Blinn, complaining of the undue election of 
Patrick Gordon, Esquire a Representative for Bath Town, and con- 
sidered the proofs and allegations of both the parties; and after 
due and mature consideration are of the opinion that the Election 
of the said Patrick Gordon was illegal, and that the said Peter 
Blinn Esquire was duly Elected a Member of the aforesaid Town, 
and submitted the same to the House. — The House having taken 
the said report under consideration, concurred therewith. 

Mr Charlton presented the petition of Solomon Ewell complain- 
ing of the elopement of his Wife Lydia and her living in adultery 
with one Samuel Colten of Northampton County, and praying an 
Act may pa.ss to dissolve the Marriage of the said Solomon and 
Lydia; and moved that a Committee be ajjpointed to examine into 
the truth of the several allegations in the said petition contained, 
which was objected to ; on which the motion was made and question 
put, if the said Committee be appointed or not and carried in the 
affirmative, and Mr Fanning, Mr Charlton, Mr Dawson, Mr Brad- 
ford, and Mr Harris are appointed a Committee agreeable to the said 
motion ; and that they have power to send for persons and papers, 
and report their proceedings thereon to the next Session of Assembly, 

Mr Barron presented the jjetition of William Gumming, settiag 
forth he is returned by the Sheriff of Pasquotank County, a Repre- 
sentative for the Town of Nixonton in said County — praying the 
House would take the .said petition under consideration. 

Resolved, that the said petition be referred to the Committee of 
Priviledges and Elections. 

On motion Mr Charlton, Mr Ashe, and Mr Spier be added to the 
Committee of Priviledges and Elections. 



COLONIAL RECORDS. 



Mr Knox moved for leave to bring in a Bill for facilitating the 
navigation of Port Roanoke, Port Bath, and Port Beaufort. 

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

Mr. Person presented tlie Petition of many of the Inhabitants of 
Bute County setting forth, after building the several Public Build- 
ings in said County a surplussage of the Tax raised, for that purpose 
remains: Praying the use and benefit of the said surplussage may 
be applied to the use of St John's Parish, in said County, and moved 
for leave to bring in a Bill pursuant to the prayer of the said petition 

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

Mr Barron moved for leave to bring in a Bill to impower the 
Justices of Beaufort County, to build a Court House, prison and 
stocks, in Bath Town, for the use of the said County, 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 by Mr Barron and Mr Respess, 

Mr Person presented the petition of George Pearce and Samuel 
Evens, praying to be exempt from paying public taxes, and perform- 
ing public duties. Granted, 

And of Richard Acock, of said County; praying to be exempt 
from paying public taxes and doing public duties — Granted. 

Mr Simpson presented the petition of Thomas Williams, the elder 
of Pitt County, praying to be exempt from paying public taxes, and 
doing public duties — • Granted 

Mr James Blount presented the petition of James Johnston, and 
James Hicks, of Chowan C-ounty; each praying to be exempt from 
paying public taxes and doing public duties — Granted 

Then the House adjourned till Monday Morning 10 "C'lock 

Monday November 10"' 1766. 

The House met according to adjournment 

Rec'' from the Council the Bill for appointing a public Treasurer, 
in the room of John Starkey Esquire, deceased. Endorsed, November 
10"" 1766, In the upper House read the first time and passed. 

Mr Frohock moved for leave to bring in a Bill for the relief of 
such persons as have suffered or may suffer, bj' not having their 



VOL. VII — 23 



354 COLONIAL RECORDS. 



deeds and mesne conveyances proved and registered within the time 
heretofore appointed for such purposes 

Ordered that he have leave accordingly 

Mr Frohock 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 C'lerk, passed and ordered to be sent to the Council 

Sent the same to the Council by Mr Frohock and Mr Spencer, 

Mr Fanning moved for leave to present a Bill, to confirm a lease 
made by the Tuscarora Indians to Robert Jones, AVilliam Will- 
iams, and Thomas Pugh Esquires, 

Ordered that he liave leave accordingly 

Mr Fanning presented the above mentioned Bill which he read 
in his place, and delivered in at the Taljle, where the same was again 
read by the Clerk, on which the question was put, that the said Bill 
pass; whereto, Mr Mau Moore objected, on which the question was 
put and carried in the affirmative 

Ordered that the same be sent to the Council 

Sent the same to the Council by Mr Fanning and Mr Benton. 

Mr Cogdell moved for leave to bring in a Bill to Establish a school 
House in the Town of New Bern, 

Ordered that he have leave accordingly 

Mr Knox according to order brought in a Bill for facilitating the 
navigation of Port Roanoke, Port Bath, and Port Beaufort, which 
he read in his place, and delivered in at the table, where same was 
again read by the Clerk passed and ordered to be sent to the Council. 

Sent the same to the Council by Mr Knox and Mr Person. 

Mr Waddell presented and read the petition of several of the 
Inhabitants of Rowan, Anson, and Mecklenburg Counties, and 
others ; setting forth many great hardships they endure for want of 
roads being established in and through the said Counties, praying 
an Act may pass pursuant to the prayer thereof. 
■ On motion Mr Frohock, Mr Fifer, Mr Waddell, Mr Rutherford, 
Mr Spencer, and Mr Campbell are appointed a Committee to prepare 
and bring in a Bill for cutting and clearing a road from Anson, 
Rowan and Mecklenburg Counties, and the several other Counties 
therein mentioned, the best and nearest way to Wilmington on Cape 
Fear River, 

The Clerk of the Crown sent a certificate of the Election of Felix 
Kenan and .Joseph Williams Representatives for Duplin County. 



COLONIAL RECORDS. 355 



Mr Benton moved for leave to present a Bill to continue an Act, 
for appointing a Militia 

Ordered that he have leave accordingly 

Mr Benton presented the above mentioned Bill which he read 
at his place and delivered in at the Table, where the same was again 
read l)y the Clerk, passed and ordered to be sent to the Council. 

Sent the same to the Council by Mr Benton and Mr Harris 

Mr Benton moved for leave to present a Bill, to revive and con- 
tinue an Act for the more effectual suppressing of Felonies, and 
punishment of counterfeiters of the paper currency of this Province 
and ^^irginia. 

Ordered that he have leave accordingly. 

Mr Benton 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 Benton and Mr Harris. 

Mr Benton moved for leave to present a Bill for the further con- 
tinuing an Act, Intitled, an Act for the restraint of A^agrants. 

Ordered, that he have leave accordingl}' 

Mr Benton 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 Benton and Mr Harris. 

His Excellency the CJovernor sent a Message to this House desiring 
the immediate attendance thereof, at his Hou.se. 

The House in a full body, waited on His Excellency the Governor 
at his House, and Mr Speaker presented to Him the Address of the 
House; to which his Excellency was pleased to make an Answer; a 
copy of which to prevent mistakes Mr Speaker obtained. 

The House returned and Mr Speaker laid the same before the 
House, which on motion was read and ordered to be entered on the 
Journal of this House, and is as follows, to wit, 

Mr Speaker .vxd Gentlemen of the House of Assembly, 

I will not enter minutely into every particular part of your 
Address, least I might be tliought to deviate from those principles of 
generosity I professed to jiattern from his Majesty and the Par- 
liament. 

The reproachful and detestable title of Rebel you mention to have 
beeu liberally given to his Majesty's subjects on this Continent, and 



356 COLONIAL RECORDS. 



the injurious representations you say have been made of them in 
England, I am an utter stranger to ; such an approbious title never 
found place in my breast; nor am I conscious of having ever mis- 
represented or aggravated any part of the disturbances in the 
Colonies, either general or particXilar. 

The real and equitable motives on which you fix the repeal of 
the Stamp Act and your grateful Acknowledgments for the same, 
give me great satisfaction : I am sensible these Testimonials will be 
graciously received by his Majesty and the Parliament, as your 
warm affection for the Mother Country will, I am sure, meet with 
adequate cordiality and attachment. 

The irregularity in the appointment of an agent in the Adminis- 
tration of the affairs of this Colony, has long been a matter of 
(.'omplaint and difficult}', Ijoth here and at home. 

Though I cannot agree with you. Gentlemen, that the mode of 
the appointment of two bodies of the Legislature is merely by way of 
sanction ; j'^et to show my desire to preserve the tranquility of this 
Province until I can lay the matter of your Grievances as stated, before 
his Majesty, and his determined Resolution had thereon, you shall find 
me willing to concur with both Houses in the appointment of an 
Agent and Treasurers ; not doubting but the ■ nomination will fall 
upon fit persons properly qualified : This I understand to be the 
spirit of the mode of the appointment and this at present shall be 
the rule of my conduct; I trust his Majesty's Council will be 
inclined to observe tbe same, 

I could wish this Country, and this House in particular, would 
consider me as their Agent in every laudable action, or beneficial 
Measure, which the true state of their circumstances demands or 
admits; It is my duty, were it not my inclination, to solicit and 
promote the happiness of the Inhabitants of this Province ; a dif- 
ferent conduct would not only be a breach of my office, but 
counteract one great motive of my coming in America. 

I thank you Gentlemen, for your compliment and congratulation 
on my appointment to this Government, and for all other your 
good intentions toward me ; I wish my conduct had ajapeared less 
deserving of public censure, and that better opportunities may be 
given me of testifying my sincere attachment to the true interest of 
this Colony. 



COLONIAL RECORDS. 357 



Mr Benton moved for leave to present a Bill to continue an Act 
to prevent excessive and deceitful gaming. 

Mr Benton 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 by Mr Harris and Mr Benton, 

Mr Hewes moved for leave to bring in a Bill to amend an Act 
Intitled an Act, for establishing the titles of the Freeholders in 
Edenton, for laying a Tax for finishing the Church begun in the 
said Town; and for the further improvement and better regulation 
thereof 

Ordered that he have leave accordingly 

Mr Hewes 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 by Mr Benton and Mr Harris 

Rec* from the Council the Bill for appointing a Public Treasurer 
in the room of John Starkey Esquire, deceased & 

The Bill for the relief of such jiersons as have suffered, or may 
suffer by their not having had their deeds and mesne conveyances 
proved and registered within the time heretofore appointed for such 
purposes, Endorsed, Tn the upper House read the first time and 



On motion ordered that Mr Howe, Mr Pollock, Mr Palmer and Mr 
Mau Moore be added to the Committee of Priviledges and Elections. 

Mr Elwin brought an extract of two of His Excellency's instruc- 
tions from his Majesty; and also a verbal message from his Excel- 
lency, that it was his request the said extract should be entered on 
the Journal of this House, 

On motion ordered, the same be entered accordingly ; and are as 
follows, to wit. 

Extracts from his Majesty's Instructions to His Excellency, 

" Whereas several inconveniences have arisen to our Governments 
in the Plantations by gifts and presents made to the Governors by 
the General Assemblj-^; for prevention thereof, for the future. It is 
our express will and pleasure, that neither you the Governor or any 
Governor, Lieutenant Governor, Commander in Chief, or President 
of the Council of our said Province of North Carolina, for the time 
being do give your or their consent to the passing of any Law or 



358 COLONIAL RECORDS. 



Act for any gift or present to be made to you or them bj' the Assem- 
bly; and that neither you nor they do receive any gifts or present 
from the Assembly or others, on any Account, or in any manner 
whatsoever, upon pain of our highest displeasure, and of being 
recalled from the Government, 

" And we do further direct and require, that this declaration of our 
royal will and pleasure, contained in the foregoing Article, be com- 
municated to the Assembly at the first meeting after the receipt of 
these instructions to you, and entered on the Journals of the Council 
and Assemblj', that all persons whom it may concern may govern 
themselves accordingly." 

Received from the Council the Bill for confirming a lease made 
by the Tuscarora Indians to Robert Jones Jun', William Williams 
and Thomas Pugh Esquires. 

Endorsed, November 10* 1766, In the upper House read the first 
time and passed, 

Then the House adjourned till 4 "Clock in the Afternoon. 

P. M. The House met according to adjournment. 

Two of the Members of his Majesty's Council came to the House, 
and Mr Peter Blinn the Member from Bath • Town appeared, and 
Mr Kenan one of the Members for Duplin County appeared, took 
the Oaths by Law appointed for their qualification, subscribed the 
test, and took their seats in the House. 

Mr Benton acquainted the House that himself with many other 
Members were met by Captain Morgan, in an insulting and hostile 
manner, asked them what they meant by sheltering a murderer, a 
scoundrel, and a villain ; and at the same time, drew a pistol from 
under his Coat ; which he cocked, and for some time held in his 
hand, till one of the Members of this House went to him and took 
the said pistol out of his hand. 

Thereupon it is Resolved, That the uttering such words to the 
Members thereof in manner aforesaid, is a great insult, and a mani- 
fest breach of the privilege thereof; and therefore moved that the 
said Captain Jeremiah Morgan, be sent for, in custody of the ser- 
geant at Arms, and brought to the Bar of this House, to answer the 
above contempt; and that Mr Speaker issue his Warrant accord- 
ingly, 

Then the House adjourned till 10 "Clock tomorrow morning. 



COLONIAL llECORDS. 359 



Tuesday ll'" November 1766 

The House met according to adjournment. 

Ordered that Mr James Moore be added to the Committee appointed 
to prepare a Bill for making a road through the Counties of Anson, 
Cumberland &c' 

Ordered the Bill, for the relief of such persons as have suffered or 
may suffer by not having had their deeds Ac" proved and registered 
within the time &c' be read a second time. Read the same a second 
time passed and ordered to be sent to the Council 

Mr Fanning moved for leave to present a Bill to encourage Ben- 
jamin Heron to build a bridge over the North East Branch of Cape 
Fear River tfec" 

Mr Charlton moved for leave to pi'esent a Bill, to prevent the 
entering up of Judgments by confession in certain cases. 

Ordered he have leave accordingly. 

Mr Charlton 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 by Mr Payne and Mr Moore. 

Mr Vail presented the petition of William Shaw setting forth 
that he has been in the service of this Province against the French 
and Indians on the Ohio, ifec" praj'ing such allowances on j^rovision 
as this House shall think proper. 

The House taking the same under consideration and the several 
matters contained in the petitioners petition, Resolved, the said 
petitioner be allowed and paid during his natural life, by the public 
Treasurers of this Province out of the Contingent Tax, the sum of 
twenty pounds immediately for the present year, and ten pounds p. 
annum so long as he shall afterwards live; a certificate being pro- 
duced before the receipt of each annuity, to the Treasurer from 
whom the same shall be received from the Court of the County 
where the said William Shaw resides at the time the said annuity 
shall be requested from such Treasurer that he the said William 
Shaw is alive. 

Resolved, the above Resolve be sent to his Excellency the Gov- 
ernor and his Council for concurrence. 

On motion ordered the Bill for appointing a public Xi"easurer in 
the room of John Starkey Esquire, deceased, be read a second time. 
Read the same a second time amended, passed and ordered to be 
sent to the Council 



360 COLONIAL RECORDS. 



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

Rec* from the Council the Bill to encourage Benjamin Heron 
Esquire to build a bridge over the North East branch of Cape Fear 
River at or near the place where the ferry is now kept by Edward 
Davis, Endorsed November ll"" 1760, In the upper House read 
the first time and passed, and. 

The Bill to continue an Act, Intitled an Act, to suppress excessive 
and deceitful gaming, and. 

The Bill to revive and continue an Act, for the more effectual 
suppressing of Felonies, and punishing of Counterfeiters of the 
paper currency of this Province and of Virginia, and also. 

The Bill for the further continuing an Act, Intitled an Act for 
restraint of Vagrants, and for making jirovision for the poor and 
other purposes. Endorsed, November 10"" 1766, In the upper 
House read the first time and passed. 

Mr Frohock presented a certificate from the County Court of 
Rowan, recommending Alexander Hugh to be exempt from paying 
public taxes and doing publip duties, Granted. 

And a certificate from the County of Rowan recommending 
Samuel James and William Story of said County be exempt from 
paying public taxes, Granted, 

And a certificate from the aforesaid Cbunty Court recommending 
Henry Evans to be exempt from paying public taxes and doing 
public services — Granted. 

And also a certificate from the said County Court recommending 
John Lopp of said County to be exempt from paying public taxes 
and doing public duties — Granted. 

Rec* from His Excellencj'' the Governor a written Message, as fol- 
lows, to wit. 

Gentlemen, of the House of Assembly 

I send you for your perusal and consideration, the speech of the 
Chief men of the Tuscarora Nation, delivered to me last Friday; 
together with the Patent, under the seal of the Province, for a Tract 
of Land granted them in Bertie C'ounty ; the mode they now propose 
for reimbursing the money tliat has been advanced for the removal 
of part of their Nation, being different from that set forth in their 
original Petition, I should rcconnnend some provision might be 
made for the cloathing and pre.sent subsistence of the Indians now 
in Town. W" TRYON 



COLONIAL RECORDS. 361 



And also the Speech of Thomas Basket, and the Chiefmen of the 
Tuscarora Nation ; which is as follows, Viz' 

The Speech of Thomas Basket and the Chief men of the Tuscarora 

Nation, 
To His Excellency William Tryon Esquire Governor, Com- 
mander IN Chief cfec' of North Carolina. 
Brother, 

We come to assure you of our loyalty to the great King over the 
water and to desire your friendship and protection ; in token whereof 
we present you with these Deerskins; Poverty must excuse the 
smallness of the present, for we are mostly old men, unable to hunt, 
our young men having gone to the Northward with the Northern 
Chief, Tragaweha. 

Many years ago a certain Tract of Land in Bertie County, was 
given by treaty to King Blount and his Subjects, for their fidelity to 
the English Part of this Land we have leased to Messrs. Jones, 
Williams, and Pugh and we desire the lease may be confirmed, and 
the penalties of the Act, of 1748, repealed, so for as relates to the 
Land that is leased. 

We are by education and custom, unable to acquire a livelihood 
otherwise than by hunting; and as ill natured persons frequently 
take away and break our guns, and even whip us for pursuing game 
on their Land, we beg of your Excellency to appoint Commissioners 
(as heretofore) to hear our complaints, and redress our grievances. 

One Sarah Bates has for some years rented a Tract of Land from 
us, but as our bounds are now become more circumscribed we choose, 
and if [she] should refuse so to do, on a friendly application, we 
must request you to direct the Attorney General to eject lier, and 
indeed to render us other services in the same manner as Mr Robert 
Jones was wont to do in his lifetime. 

We entreat your Excellency to dispatch our business with all 
convenient speed ; for those Indians whom we have left at home are 
old men and children, incapable of providing for themselves, if cold 
weather should come on. 

THOMAS BASKETT BILLY DENNIS 

WILLIAM TAYLOR JOHN CAINE 

WHITMELL TUFFDK'K BILLY BLOUNT 

BILLY ROBERTS, JAMES MITCHEL 

LEWIS TUFFDICK BILLY OWEN. 

THOMAS BLOUNT 



362 COLONIAL RECORDS. 



Resolved the following Message be sent to His Excellency the 
Governor, Viz'. 

To His Excellency William Tryon, Esquire Captain, General 
Governor, and Commander in Chief in and over his Majesty's 
Province of North Carolina, 
Sir, 

We have received your Excellency's Message of this day by Mr 
Elwin accompanying the Speech made to your Excellency on Fri- 
day last by the Chiefmen of the Tuscarora Indians, together with a 
plat of their Land ; which this House will take into consideration 
as soon as possible 

.JOHN HAR^'EY Sp 

Sent by Mr Harnett and Mr Charles Blount 

Ordered the Bill to revive and Continue an Act for the more 
effectual suppressing of felonies, and punishment of counterfeiters of 
the paper currency of this Province and Virginia, And the Bill for 
further continuing an Act Intitled an Act for the restraint of 
Vagrants, and for making provision for the poor and other purposes 
be read, read the said two Bills, passed, and ordered to be sent to 
the Council 

Sent the above three Bills to the Council by Mr Paine and Mr 
Blount, 

Then the House adjourned till 10 "Clock tomorrow morning 

Wednesday November 12"" 1766 
The House met according to adjournment. 
Resolved the following Message be sent to the Council, Viz'. 

Gentlemen of His Ma,jestys Honble Council, 

We herewith send you the petition of William Shaw, and two cer- 
tificates relative thereto ; and also, the Resolve of this House thereon, 
and desire your honors concurrence thereto, 

.JOHN HARVEY Sp. 

Sent the above Message with the papers therein mentioned, to the 
( 'ouncil by Mr Kenan and Mr Respess, 

Mr Kenan presented certificates from the Court of Duplin County, 
thereby recommending James Farrier, Fleet Cooper, and John Quiu- 
ton, to be exempt from paying public taxes for the future — Granted, 



COLONIAL RECORDS. 363 



Mr Smithwick 2)resented a certificate from the County Court of 
Tyrril thereby recommending David Parkman to be exempt from 
paying public taxes — Granted, 

Mr Blount presented a certificate from the County Court of Craven, 
thereby recommending Matthew Roe to be exempt from paying 
public taxes and doing public duties during his infirmity — Granted. 

Mr Blount presented a certificate from the County Court of Craven 
thereby recommending John Perry, of Craven County to be exempt 
from paying public taxes, and doing public duties — Granted, 

Received from the Council the following Bills, Viz'. 

The Bill to impower the Justices of Beaufort County to build a 
Court House, prison and stocks in Bath Town Ac" Endorsed, Novem- 
ber 10'" 1766, In the ujjper House, read the first time and passed. 

The Bill to amend an Act, Intitled an Act for establishing the 
Titles of the Freeholders in Edenton, for laying a Tax for finishing 
the Church begun in the said Town, and for the further improve- 
ment &c°', Endorsed, November 12"" 1766, In the upper House, read 
the first time and passed, and. 

The Bill for the relief of such persons as have suffered or may 
suffer, by not having had their deeds and mesne conveyances 
proved and registered 

And also. The Bill for appointing a public Treasurer in the room 
of John Starkey Esquire; deceased. Endorsed, November 12"" 1766, 
In the upper House read the second time amended and passed, 

On motion ordered, the Bill to impower the Justices of Beaufort 
County to Build a Court House, prison and stocks in Bath Town, 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 Harris and Mr Respess. 

Mr Caswell according to order, brought in a Bill to establish a 
school House in the Town of New Bern, 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 the relief of such person or persons 
as have suffered or may suffer, by not having had their deeds (fee* 
proved and registered within the time &c", be read the 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 Smith and Mr 
Crav. 



364 COLONIAL RECORDS. 



Rec'' from the Clerk of the Crown a Certificate of the election of 
Benjamin Wynns and Matthias Brickell, Representatives for Hert- 
ford, 

Two of the Members of his Majesty's Honble Council came to 
the House and Mr Buckell appeared, took the oaths by Law for his 
qualification, subscribed the Test and took his seat in the House. 

On motion ordered the Bill to encourage Benjamin Heron to 
build a bridge over the North East Branch of Cape Fear River &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 Ashe and Mr Paine. 

Mr Fanning from the Committee appointed to prepare and bring 
in a Bill for erecting part of Rowan County and part of Orange 

County into a separate County by the name of County and 

Parish of Reported, the Committee had prepared the same ; 

which he moved may be read, the said Bill was accordingly read, 
passed, and ordered to be sent to the Council 

Sent the same to the Council by Mr Ashe and Mr Paine. 

Mr Dawson moved a Connnittee be appointed to prepare and 
bring in a Bill for regulating and ascertaining the several public 
officers fees, in this Province and Mr Dawson, Mr Ashe, Mr Barron, 
Mr Person, Mr Harnett, Mr Benton, Mr .Jones, Mr Polk and Mr 
Vail, are accordingly appointed. 

On motion ordered the Bill, for establishing the titles of the 
Freeholders in Edenton 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 Hewes and Mr James Blount. 

Mr Hewes moved for leave to present a Bill for building a Court 
House for the District of Edenton, 

Ordered he have leave accordingly. 

Mr Hewes 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, j^assed, and ordered to be sent to the ('ouncil. 

Sent the same to the Council by Mr Hewes and Mr James Blount. 

Mr Knox moved for leave to present a Bill, for confirming the 
Town of Woodstock and establishing the survey of tlie same. 

Ordered that he have leave accordingly. 



COLONIAL RECORDS. - 365 



Mr Knox 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 Hewes and Mr James Blount. 

Mr Charles Blount moved for leave to present a Bill for an addi- 
tional Act, to an Act, Intitled an Act, for restraining of excessive 
usury ; 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 aiid Mr James Blount. 

Then the House adjourned till 3.°Clock in the afternoon. 

P. M. The House met according to adjournment. 

Mr Haywood moved for leave to present a Bill for enlarging the 
time for saving lots in the Town of Tarborough, 

Ordered that he have leave accordingly 

Mr Haywood 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 Haywood and Mr Palmer, 

Rec^ the following Bills from the Council, Viz'. 

The Bill for the relief of such persons as have suffered, or may 
suffer by not having had their deeds and mesne conveyances proved 
and registered &c*, Endorsed, In the upper House, read the third 
time and passed. Ordered to be engrossed, 

The Bill for establishing a school House in New Bern, Endorsed, 
November, 12"' 1766, In the upper House, read the first time and 



The Bill to encourage Benjamin Heron Esq' to build a bridge 
over the North East Branch of Cape Fear River &c'. Endorsed, 
November, 12"" 1766, In the upper House read the second time, 
amended and passed. 

The Bill to continue an Act, Intitled an Act, to suppress excessive 
and deceitful gaming, Endorsed, November 14'" 1766, In the upper 
House read the second time amended and passed, 

The Bill for the further continuing an Act, Intitled an Act, for 
the restraint of Vagrants, and for making Provision for the poor &c* 
Endorsed, November 11'" 1766. In the upper House read the second 
time and passed, and. 



366 COLONIAL RECORDS. 



Tlie Bill to impower the Justices of Beaufort County to build a 
Court House, jmson and stocks &c', Endorsed, November, 12"' 1766, 
In the upper House read the second time and passed. 

On motion Resolved, that Mr Benton be dischai'ged otf the Com- 
mittee for regulating and ascertaining the several public officers fees 
in this Province ; and that Mr Woodhouse, and Mr Knox be added 
to the said Committee. 

Mr Fanning moved for leave to bring in a Bill, for erecting a con- 
venient building within the Town of New Bern, for the residence of 
the Governor or Commander in Chief for the time being. 

Ordered he have leave accordingly 

Mr Fanning 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 Fanning and Mr Enisley. 

Ordered that Mr Felix Kenan and Mr Hewes be added to the 
Committee of Claims, Priviledges and Elections 

And that Mr Farquher C^ampbell be added to the Committee of 
Accounts 

Then the House adjourned till 10 "Clock tomorrow morning. 

Thursday 13"' November 1766 

The House met according to adjournment. 

Two of the Members of His Majesty's Council came to the House 
and Mr Bartram- one of the Members for Bladen Coiinty ; and Mr 
Lemon one of the Members for Edgecombe County, appeared, took 
the Oaths by Law appointed for their qualiiication, subscribed the 
Test, and took their seat in the House, 

Rec* the following Bills from the Council, Viz' 

The Bill to amend an Act, Intitled an Act for establishing the 
Titles of Freeholders in Edenton, for laying a' tax for finishing the 
Church begun in the said Town and for further improvement Ac* 
and. 

The Bill for an Additional Act, to an Act, Intitled an Act for 
restraining of excessive usury, and 

The Bill for erecting a convenient building within the Town of 
New Bern, for the residence of the Governor Ac' Endorsed Novem- 
ber 13* 1766. In the upper House, read the first time and passed, 

Mr Harnett from the Committee of Priviledges and Elections, 
reported that the said Committee had taken the Petition of William 



COLONIAL RECORDS. 367 



(JunimiiiH, who is returned a representative for the Town of Nixon- 
ton, into consideration, and, Resolved that the said William Cummins, 
was illegally returned a Representative for the aforesaid Town, 

Resolved the House, Neni Con, do concur to the said Report, 

Mr Robert Howe presented the petition of the Pilots of Ocacock ; 
praying Redress Ac' Ordered the said petition lie on the Table for 
Consideration. 

Mr Charlton moved for leave to ])resent a Bill, appointing the 
method of distributing Intestates Estates, 

Ordered, he have leave accordingly 

Mr Charlton 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, 

On motion ordered the Bill for further continuing an Act, Intitled, 
an Act for the restraint of "N'agrants, and for making provisions for 
the poor, and , other purposes, be read the third time, Read the 
same the third time, amended passed and ordered to be sent to the 
Council. 

Mr Harris moved for leave to present a Bill, for a further allow- 
ance of commissioners, to Sheriffs and Collectors of Taxes and other 
purposes therein mentioned, 

Ordered that he have leave accordingly 

Mr Harris 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. 

On motion ordered, the Bill for appointing a public Treasurer in 
the room of John Starkey Esquire, deceased, be read the third time. 
Read the same a third time, amended passed and ordered to be 
sent to the Council 

Sent the above four Bills to the Council by Mr Bartram and Mr 
Fanning. 

On motion ordered the Bill to impower the Justices of Beaufort 
County to build a court house, prison and stocks, in Bath Town be 
read the third time. Read the same a third time, passed, and 
ordered to be sent to the Council, 

On motion ordered the Bill to continue an Act Intitled an Act, 
to prevent excessive and deceitful gaming, be read the third time 
Read the same a third time passed and ordered to be sent to the 
Council 



368 COLONIAL RECORDS. 



Mr Cogdell moved for leave to present a Bill, for joining the 
old Topsail Inlet to Neuse River, by cutting a navigable canal from 
the head of Harlows Creek to Clubfoot Creek, 

Ordered he have leave accordingly. 

Mr Cogdell 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. 

On motion ordered the Bill to confirm a lease made by the Tus- 
carora Indians to Robert Jones Jun', William Williams, and Thomas 
Pugh Esq" be read the second time. Read the same a second time ; 
on which the question was put for passing the Bill, and carried in 
the affirmative. 

Ordered the same be sent to the Council. 

Sent the above four Bills to the Council by Mr Hewes and Mr 
Fanning. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday 14* November 1766. 

The House met according to adjournment 

Mr Spier moved for leave to absent himself from the service of the 
House on account of his Family's indisposition. 

Ordered he have leave accordingly. 

Mr Fanning presented the petition of Needham Bryan together 
with Benjamin Hard}', showing they were duly elected representa- 
tives for Johnston County, but by some means the Writ of Election, 
with the return thereof, is lost or mislaid, Praying &c' 

The House on mature consideration of the said petition and cer- 
tificates relative thereto. 

Resolved that the said Needham Brj^an and Benjamin Hardy are 
duly elected Representatives for the said County of Johnston. 

Ordered that Mr Duncan Lemon be added to the Committee of 
Claims. 

Mr Farquher Campbell presented the following certificates from 
the County Coui't of Cumberland therein recommending Benjamin 
Bevorett and Focker, of said County, to be exempted from paying 
public taxes and doing public duties — Granted. 

Mr Fanning j^resented a certificate from the Countj'^ Court of 
Orange therein recommending Jonathan Sell and John Alexander, 
both of said County, to be exempt from paying taxes and doing 
public duties — Granted. 



COLONIAL RECOKDS. 369 



Mr Lemon presented a certificate from the C-ounty Court of Edg- 
comb, thereby recommending John Baker to be exempt from paying 
pubhc taxes and doing public duties — Granted. • 

Ordered Mr Brickell he added to the Committee on Projiositions 
and Grievances. 

On motion ordered, The Bill for establishing a school house in the 
Town of New Bern, be read a second time. Read the same a second 
time, amended, passed and ordered to be sent to the Council. 

Rec'' from the Council the following Bills, Viz' 

The Bill for confirming a lease made by the Tuscarora Lidians, to 
Robert Jones, Jun, William Williams and Thomas Pugh Esq", 
Endorsed November 14* 17G(). In the ujiper House read the second 
time and passed. 

The Bill for erecting a Court House and prison for the District of 
Edenton, Endorsed, November 14"' 1766, In the upper House read 
the first time and passed, 

Rec'* from the Council the following Bills, Viz'. 

The Bill for the further allowance of commissions to JSlieriffs and 
Collectors of Taxes, and other purposes therein mentioned. 

The Bill for joining the navigation of old Topsail Inlet to Neuse 
River by cutting a navigable canal from the head of Harlows Creek 
to Clubfoot Creek — Endorsed, November 14"" 1766, In the upper 
House read the first time and passed. 

The Bill to impower the Justices of Beaufort County to build a 
Court House, jfrison and stocks in Bath Town for the use of the said 
Cbunt)'. 

The Bill for the further continuing an Act, Intitled an Act, for 
the restraint of Vagrants and for making provision for the poor Ac" 

The Bill to continue an Act Intitled an Act, to suppress excessive 
and deceitful gaming, Endorsed November 14"' 1766, In the upper 
House read the third time and passed 

Ordered to be engrossed, 

Mr Speaker presented a petition from sundry inhabitants of Bertie 
County, Praying a certain . parcel of Land, containing one hundred 
acres at Gray's landing in the said County, may be erected into a 
Town &c*. 

Mr Ashe presented a petition from several of the inhabitants of 
the County of Bertie, Praying a Town may be erected on Cashy, in 
Bertie County whereon the court house, prison (fee" 

. VOL. VII — 24 



370 COLONIAL RECOKDS. 



On motion, Resolved the said petition lie for consideration, and 
that Mr Cullen Pollock, Mr Edward ^'ail, Mr James Blount, Mr 
Matthias Brickell, Mr Jacob Blount, Mr Benjamin Wynns, and Mr 
Jasper Charlton he appointed a Committee to view the places in the 
petition mentioned ; and that they or the majority of them report to 
this House the next Session of the Assembly, which place of the two 
mentioned in the said petitions is most convenient and best to erect 
a Town at. 

Mr Caswell from tlie Committee appointed to prepare the amend- 
ments which may be necessary to the Bill for facilitating the navi- 
gation Ac' reported the Conmiittee had agreed to several amend- 
ments necessary to the said Bill whicli he was ready to present, if 
the House will please to receive them. 

Resolved, the House receive the said amendments; and that they 
be read, the same were i-ead, and agreed to by the House. 

Ordered the said amendments be inserted in the .said Bill, 

On motion ordered the Bill for erecting a convenient building 
within the Town of New Bern, for the residence of the Governor &c* 
be read the second time, read tlie same a second time, amended, 
passed and ordered to be sent to the Council. 

Sent the same to the Council by Mr Fanning and Mr Respess 

On motion ordered the Bill for establishing the titles of Free- 
holders in Edenton &c* be read the third time. Read the same a 
third time, amended, passed and ordered to be sent to the Council, 

On motion ordered the Bill for facilitating the navigation of Port 
Bath, Port Roanoke, and Port Beaufort, be read the second time, 
Read the same a second time, amended jKissed iind (Ordered to be 
sent to the Council. 

Sent the alxive two Bills to the Council l)y Mr Charlton and Mr 
Jas Blount 

On motion ordered Mr Caswell and Mr Respess have leave to 
absent themselves from the service of the House 'till Tuesday next. 

On motion ordered, the Bill, for an additional Act, to an Act, 
Intitled an Act for the restraining of excessive usury be read the 
second time. Read the same a second time. The question put if 
the said Bill pass: and passed in the negative. 

Resolved the said Bill be rejected. 

On motion ordered the Bill, for joining the navigation of old 
Topsail Inlet to Neuse River by cutting a navigable Canal from the 
head of Harlows Creek to Clubfoot Creek, be read the second time. 



COLONIAL RECORDS. 371 



Read the same a second time, amended passed, and ordered to be 
sent to the Council 

Sent the same to the Council by Mr Cole and Mr Cogdeli, 

Mr Kenan moved for leave to bring in a Bill for ascertaining 
the dividing line between New Hanover and Duplin Counties. 

Ordered he have leave accordingly 

Then the House adjourned till 10 "Clock tomorrow morning 

Saturday Noveml;)er 15* 1706 

The House met according to adjournment 

Mr Payne moved for leave to absent himself from the service of 
the House tomorrow, And Mr Shepard, Mr Jacob Blount, and Mr 
Jones moved for leave to absent themselves from the service of the 
House 'till Monday evening next 

Ordered they have leave accordingly 

On motion ordered, the Bill for a further allowance of Com- 
missions to Sheriffs and Collectors of Taxes, and other purposes 
therein mentioned, be read the second time, Read the same a 
second time, amended, passed and ordered to be sent to the Council 

Mr Bartrara presented the petition of Christopher Dudley keeper 
of the Public Goal for tlie District of Halifax, Praying a further 
allowance for accommodating prisoners &c which was read. 

Ordered the same lie on the Table for consideration. 

Mr Frohock moved for leave to present a Bill to prevent the 
inhabitants of South Carolina driving their stocks of cattle from 
thence to range and feed in this Province and other purposes; 
which he read in his place, and delivered in at the Table, where 
the same was again read by tlie Clerk, passed, and ordered to be 
sent to the Council. 

On motion ordered, tlie Bill to coutirm a lease made by the Tus- 
carora Indians to Robert Jones junior, William ^^'illianls, and 
Thomas Pugh Esquires, be read the third time. Read the same a 
third time- passed, and ordered to be sent to the Council. 

Mr Bryan presented a certificate from the Court of Johu.ston 
County therein recommending ^^'illian^ Thompson and Elias Craw- 
ford of said County, to be exempt from paying public taxes and 
doing public .services.; and Alexander Parker, of .said County from 
public duties, Granted. 



372 COLONIAL RECORDS. 



Mr Benton presented a certifieate from the County Court of Gran- 
ville; thereby recommending Richard Briggs and John Cooper to 
be exempt from paying public taxes. Granted. 

On motion ordered, the Bill, for erecting a Court House and 
prison for the District of Edenton, be read the second time. Read 
the same a second time, amended passed and ordered to be senf to 
the Council. 

Mr Smithwick moved for leave to absent himself from the service 
of the House. 

Ordered he have leave accordingly. 

Mr ^Maurice Moore having made appear the neces.sity of taking 
care of the guns and ammunition belonging to Fort Johnston, 

Resolved, that ten men be allowed and employed, to garrison the 
said I^ort Ac", including a Captain ; and that the said Captain be 
allowed the sum of six shillings and eight pence p. diem, for sub- 
sistence, for one year, and from thence to the end of the next session 
of Assembly. 

Mr Kenan moved for leave to present a Bill to pi'event hunting 
for; and killing deer in the manner herein mentioned. 

Ordered that he have leave accordingly. 

Mr Kenan 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 tbuncil. 

Mr Johnston moved for leave to present a Bill, for appointing a 
j>rinter to this Province. 

Ordered that he have leave accordingly. 

Mr Johnston presented the above mentioned Bill, which he read 
at his place and delivered in at the Table where the same was again 
read by tlie Clerk, passed and ordered to be sent to the Council. 

His Excellency the Governor sent a written Message to the House 
as follows, to wit, 

Mr Speak KK .\.vi> Gkxtlkmkx of the Assembly 

Mr Churton, of Edenton has signified to me, that he has, with 
gi'cat labovir and at a very considerable expence nearly compleated 
a map of the inhabited part of thi^ Province ; and intends if prop- 
erly encouraged, to transmit it to Britain in order to have it pub- 
lished and printed; As such an undertaking if well execiited must 
be of great convenience and utility to the inhabitants of this Prov- 
ince, I luipe the Hou.se of As.semldy will take it into consideration 



COLONIAL RECORDS. S73 



and give Mr Churton all the assistance and encouragement, which 
his own assiduity, and a work of this extensive nature, deserve from 
the public. ' W" TRYON. 

Resolved the same lie on the Table for consideration. 

Mr Ashe moved a Committee be appointed to prepare and bring 
in a Bill for appointing a Militia, and Mr Ashe, Mr Fanning, Mr 
Howe, Mr Harris and Mr Vail are accordingly appointed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Monday November l?"" 1766, 

The House met according to adjournment 

Rec'' the following Bills from the Council, 

The Bill for confirming the Town of Woodstock, and establishing 
a survey of the same. 

The Bill to prevent the inhabitants of South Carolina driving 
their stocks of cattle from thence to range and feed in this Province 
and other purposes Endorsed, November 13"" 1766, In the upper 
House read the first time and passed. 

On motion ordered the Bill for confirming the Town of Woodstock, 
and establishing the survey of the same be read a second time, read 
the same a second time, amended passed and ordered to be sent to 
the Council 

On motion ordered the Bill for appointing the method of distribu- 
ting Intestates Estates be read the second time, read the same a 
second time, amended passed, and ordered to be sent to the Council. 

Sent the above two Bills to the Council by Mr Charlton and Mr 
Payne. 

Rec* from the Council the Bill for confirming a lease made by the 
Tuscarora Indians to Robert Jones, Jun' William ^^'^illiams and 
Thomas Pugh Esquires, Endorsed, November 17"" 1766. In the 
upper House, read the third time and passed, 

Ordered to be engrossed, and — 

The Bill for erecting a convenient Building within the Town of 
New Bern for the residence of the Governor (fee* Endorsed, Novem- 
ber 17"" 1766. In the upper House read the second time and passed 

Mr Payne moved for leave to present a Bill to confirm the vestry 
of St James Parish, in New Hanover County, and to enable them to 
lay a tax on all the taxable persons within the same. 

Ordered he have leave accordingly 



-S74 COLONIAL RECORDS. 



Mr Paj'ne 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 

Mr Jones moved for leave to present a Bill to revive and continue 
an Act, Intitled an Act to establish a ferry from Solly's Point to 
Relfs Point whereon the Court House now stands on Pasquotank 
River. 

Ordered he have leave accordingly 

Mr Jones 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 above four Bills to the Council by Mr Charlton and Mr 
Payne 

Mr Elmsley moved for leave to present a Bill, for altering certain 
Landings and places of inspection in the Counties of Craven and 
Dobbs; and substituting and aj^pointing others in lieu thereof 

Ordered he have leave accordingly 

Mr Elmsley presented the above mentioned Bill, which he read 
in his jslace, 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 Fanning and Mr Hewes. 

Rec* from His Excellency the Governor the following written 
message with the papers therein mentioned, 

Mr Speaker and Gentlemen of the Ht)rsK of AssEjrp.i.Y, 

I send you under the great Seal of the Province of Quebec, accom- 
panied with General Murrys Letters, the total of the losses, and the 
names of the persons who are sufferers by the fire at Montreal in 
May 1765. 

As the usual method practiced in other Countries of collecting 
contributions for tlie relief of public distresses and calamities, can- 
not be observed in this Province for the want of Clergymen, who are 
the proper persons to collect, by brief, the donations from their Par- 
ishioners ; I am obliged to apply to you for the relief of those many 
unhappy and distressed families; now reduced to a state of Poverty. 
Public distresses call for public assistance; and as nothing gives 
more credit to a Country tlian a seasonable generosity on those mel- 
ancholy occasions I must warmly recommend these unhappy suf- 
ferers to your liberality 

W- TRYON, 



('()[,( )NJAL RECOKDS. 375 



Ordered the said Message lie for consideration 'till tomorrow, and 
that the following Message be sent toHis Hxcellencv the Governor, 
to wit, 

To His Excellkniy William Thyon EsfiUiRE Captain General 

Governor &('" 
Sib. 

This House have received your Excellencj's Message relative to 
the losses sustained by the pei-sons who have suffered by the late 
fire at Montreal together with the several papers therein referred to, 
and assui'e your Excellency we will take, the same into our con- 
sideration as soon as possible 

JOHN HARVEY Sp. 

Sent by Mr t'harlton and Mr Person. 

Rec" from the Council the following Bills, Viz' 

The Bill for erecting a Court House and prison for the District of 
Edenton, Endorsed, November IT* 1706. In the upper House 
read the second time amended and passed. 

The Bill to amend an Act, Intitled an Act for establishing the 
titles of the Freeholders in Edenton for laying a tax for finishing 
the Church begun in the said Town and for the further improve- 
ment and better regulation thereof, Endorsed November 17'" 1766, 
In the upper Plouse read the third time and passed. Ordered to be 
engrossed. 

Mr Howe moved for leave to present a Bill appointing a Vendue 
Master for the Town of Wilmington, in this Province. 

Ordered he have leave accordingly 

Mr Howe 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 by Mr Moore and Mr Cole 

Rec* from the Council the following Bills, Viz' 

The Bill appointing the method of distributing Intestates Estates. 

The Bill for joining the navigation of Old Topsail Inlet to Neuse 
Kiver by cutting a navigable canal from the head of Harlows 
Creek to Clubfoot Creek, Endorsed, November 17'" 1766, In the 
upper House read the second time and passed. 

The Bill to prevent hunting for, and killing deer in the manner 
therein menlHoned — and, 



376 COLONIAL RECORDS. 



The Bill to confirm the Vestry of St James Parrish in Ne-w 
Hanover County, and to enable them to lay the tax &c*. Endorsed, 
November l?"" 1766. In the upper House read the first time and 
passed. 

Mr Fanning moved for leave to present a Bill to amend and con- 
tinue an Act, Intitled, an Act for appointing a Militia. 

Ordered he have leave accordingly. 

Mr Fanning presented the above mentioned Bill which he read 
in his place and delivered in at the Table, where the same was 
again read l)y the Clerk passed and ordered to be sent to the 
Council. 

Mr Fanning moved for leave to present a Bill, concerning the 
taking up of stray horses. 

Ordered he have leave accordingly. 

Mr Fanning 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. 

Mr Bartram mo\ed for leave to present a Bill, for destroying 
Crows and Squirrels in the several Counties therein mentioned. 

Ordered he have leave accordingly. 

Mr Bartram 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. 

On motion ordered, the Bill for erecting a convenient building 
within the Town of New Bern, for the residence of the Governor or 
Commander in Chief for the time being, be read a third time. Read 
the same a third time, amended passed and ordered to ho sent to 
the Council. 

Rec'' from the Council the Resolve of this House sent them the 
ll"" Instant relative to an annual allowance to be paid William 
Shaw, who was disabled in the .service of this Province against the 
French and Indians on the Ohio Endorsed, November I'i"" 1766, 
In the upper House, Concurred with 

LEWIS DkROSSET, V. C. 

Resolved, the afore mentioned KcsoUh' be sent to His Excellency 
the Governor for his concurrence. 
Sent by Mr Vail and Mr Jones. 



COLONIAL RECORDS. 377 



The House took into consideration the Message from His Excel- 
lency the Governor of tlie 15"" Instant, and 

Resolved, Tliat Williana Churton be allowed the sum of one hun- 
dred and fifty five pounds proclamation money, and paid by the 
public Treasurers of this Province, out of the fund for contingencies, 
to enable him to get printed and published a map of the inhabited 
part of this Province, and that this Resolve be sent to the Council 
for concurrence. 

Sent by Mr Person and Mr Charlton. 

Rec* from his Excellency the Governor, the Resolve of this House 
sent him this day, relative to the allowance of an annuity to Wil- 
liam Shaw, Endorsed, November 17"" 176G, The preceeding 
Resolve — Concurred with. W" TRYCJN. 

Mr Elmsley moved for leave to present a Bill for allowing time 
for the payment of the duties on Wine and other spiritous Liquors. 

Ordered he have leave accordingly. 

Mr Elmsley 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. 

Mr Person according to order presented a Bill to impower the 
Church W^ardens and Vestrymen of St. Johns Parish, in Bute 
County to appropriate the surplussage money levied for erecting the 
public buildings in said County to the use of the said Parish of St. 
John's 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. 

Mr Fanning moved for leave to bring in the following Bills, 
Viz' 

A Bill to lay a Tax on Pedlar.s and otlier Itinerant Traders 
coming into this Province. 

A Bill, to amend an Act, Intitled an Act concerning Marriages, 
and, 

A Bill, to amend an Act, Intitled an Act, for establishing a Town 
on the Land formerly granted to William Churton, Gentleman, 
lying on the North side of the Enoe River in the County of Orange, 

Ordered he have leave accordingly 

Mr Cogdell moved for leave to l)ring in a Bill to amend the 
several Acts for regulating the Town of New Bern and other 
purposes. 

Ordered he have leave accordingly 



378 COLONIAL- RECORDS. 



Resolved the following Message be sent to tlie Council, "\''iz' 

Gentlemen of His Majestys Honble Council, 

We herewith send you a Resolve of this House, relative to the 
garrisoning of Fort Johnston; and also a Resolve relative to an 
allowance to Jlr Churton to which Resolves we desire your Honors 
Concurrence, 

JOHN HARVEY Sp. 

Sent by Mr Hewes and Mr Paine. 

Mr Frohock moved for leave to present a Bill for the relief of 
poor Debtors as to the. Imprisonment of their persons, and other 
purposes. 

Ordered lie have leave accordingly 

Mr Frohock 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 sent to the Council. 

Mr Phifer moved for leave to bring in a Bill, to enable the Com- 
missioners of the Town of Charlotte, in the County of Mecklenburg, 
to lay off the said Town in Streets, Squares and Lots, and to build 
a Court House Prison and Stocks, in the said Town, for the use of 
the said County 

Ordered he have leave accordingly. 

Mr Kenan moved for leave to bring in a Bill for ascertaining the 
boundary line between the Counties of New Hanover and Duplin. 

Ordered he have leave accordingly' 

Mr Kenan presented the above mentiojied 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 by Mr Kenan and Mr Bryan, 

Mr Benton moved for leave to present a Bill, to prevent the 
tinreasonablo destruction of Fish in Neuse River, Tar River, Fishing 
Creek, Rocky River and the South fork of the Catawba River. 

Ordered he have leave accordingly. 

Mr Benton 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, 

Mr Frohock moved for leave to present a Bill for reviving the 
several Acts of Assembly relative to the Inspection of Tobacco. 

Ordered he have leave accordingly. 



COLONIAL RECORDS. 370 



Mr Frohock 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, 

Mr Pliifer moved for leave to bring in a Bill, to enable the Inhabi- 
tants of this Province to lay a Tax to pay their Taxes M'hh linen, 
cloth hemp and flax. 

Ordered he have leave accordingly 

Mr Benton for leave to bring in a Bill, to amend an Act, Lititled 
an Act, for rendering more effectual the Laws making Lands and 
other Estates, liable to the payment of debts 

Ordered that he have -leave accordingly 

Mr Person moved for leave to bring in a Bill for altering the time 
of holding the Inferior Court of pleas and quarter Sessions, in the 
Counties of Bute and Onslow, 

Ordered he have leave accordingly. 

Mr Person 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. 

Mr Knox moved for leave to present a Bill to amend an Act 
passed in the year of our Lord 1765. Intitled an Act to prevent the 
exportation of unmerchantable commodities 

Ordered he have leave accordingly 

Mr Knox 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 above seven Bills to the Council by Mr Frohock and Mr 
Harris. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday, November 18"" 1766 

The House met according to adjournment. 

On motion ordered the Bill tu prevent hunting for, and killing 
deer in the manner therein mentioned, be read the second time, 
read the same the .second time, jiassod and ordered to be sent to the 
Council. 

Sent the same to the Council by Mr Kenan and Mr Polk. 

Rec'' from the Council the following Bills 

The Bill to amend and continue an Act Intitled an Act, for 
appointing a Militia 



S80 COLONIAL RECORDS. 



The Bill, appointing a Vendue Master for the Town of Wilming- 
ton in this Province. 

The Bill for ascertaining the boundary line between the Countiea 
of New Hanover and Duplin, Endorsed, November 17"" 1766, In 
the upper House read the first time and passed, 

The Bill for establishing a school house in the Town of New Bern, 
Endorsed, November 11"" 1766, In the upper House read the second 
time amended and passed. 

On motion ordered the Bill, for erecting a Court House and 
prison for the use of the District of Edenton, 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 Kenan and Mr Polk. 

Mr Phifer according to order presented a Bill for establishing a 
Town on the Lands of George Augustus Selwyn in Mecklenburg 
County which he read in his place and delivered in at the Table 
where tlie same was again read by the Clerk, passed and ordered to 
be sent to the Council 

Sent the same to the Council by Mr Kenan and Mr Polk. 

On Motion ordered the Bill to encourage Benjamin Heron Esquire 
to build a bridge over the North East Branch of Cape Fear River 
&c* be read the third time, Read the same a thir(J time, amended 
passed and ordered to be sent to the Council 

Sent the same to the Council by Mr Howe and Mr Harnett. 

The Hou.se took under consideration his Excellency's Message of 
Yesterday, relative to the sufferers by the late Fire at Montreal &c* 
and. 

Resolved, the same be for further Consideration 

Mr A.she laid before the House several Letters i'rom the Speakers 

of the A.ssembly's of Ordered the same lie on the Table for 

the perusal of the House. 

Mr Benton according to order presented a Bill to amend an Act, 
Intitled an Act, for rendering more effectual the Laws making 
Lands, and other real Estates liable to the payment of debts, 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 by Mr Haywood and Mr Lemon. 



('()]J)NIAL RECOKDH. 381 



On motion ordered the Bill, appointing tlie nietliod of distributing 
Intestates Estates, be read the third time, Read the same a third 
time, passed and ordered to be sent to the Coiuicil. 

Sent the same to the Council by Mr Haywood and Mr Lemon. 

On motion ordered the Bill for establishing a school house, in the 
Town of New Bern, read the same a third time, amended, passed, 
and ordered to be sent to the Council. 

Sent the same to the Council by Mr Cogdell and Mr Cray, 

On motion ordered the Bill for joining the navigation of old Top- 
sail Inlet,, to Neuse River, by Cutting a navigable Canal from the 
head of HarloM's Creek to Clubfoot Creek, be read a third time. 
Read the same a tliird time, amended, passed and ordered to be 
sent to the Council 

Sent the same to the Council by Mr Cogdell and Mr Cray. 

Mr Hewes and Mr James Blount moved for leave to absent tliem- 
selves from the service of the Souse after tomorrow — 

Ordered they have leave accordinglj' 

On motion ordered the Bill appointing a \'^endue Master for the 
Town of Wilmington in this Province, be read a second time. 
Read the same a second time i:)a.ssed and ordered to be sent to the 
Council 

Sent the same to the Council by Mr Hari^ett and Mr Moore. 

Mr Yai\ moved for leave to absent himself from the service of 
the House tomorrow. 

Ordered he have leave accordingly 

On motion ordered the Bill, to prevent the inlialiitants of .South 
Carolina driving their stocks of cattle from thence to range and 
feed in this Province and other purposes, be read the second time, 
Read the same a second time, passed and ordered to l)e sent to the 
Council. 

Sent the same to the Council by Mr Spier and Mr Rutherford. 

Mr Spencer presented the following certificates from the Cbuuty 
Court of Anson Conuty thereby recommending William Dawkins, 
Joseph Rye, and William Dinkings, of said C-ountj' be exempt from 
paying taxes — Granted. 

Then the House adjourned till 10 "Clock tomorrow morning. 

^^'ednesday November lO"" 1700. 
The House met according tg adjournment 
Two of the Members of his Majest3''s Honble Council came to the 



382 COLONIAL RECORDS. 



House and Mr Thomas Howe one of the Members of Craven County 
appeared, took the Oaths by Law appointed for his qualification 
subscribed the Test, and took his seat in the House. 

On motion ordered tlie Bill to amend and continue an Act, Inti- 
tled an Act, for appointing a Militia, be read a second time, read the 
same a second time, amended passed, and ordered to be sent to the 
Council, 

Sent the same tu the Council by Mr -:. and Mr 

Rec'' from the Council the following Bill, Viz'. 

The Bill to amend an Act, Intitled an Act, for rendering more 
eifectual the Laws making land and other real estates, liable to the 
payment of debts. 

The Bill to amend an Act, passed in the year of our Lord 1764, 
Intitled an Act, to prevent the exportation of unmerchantable com- 
modities 

The Bill, for reviving the several Acts of Assembly relating to the 
inspection of Tobacco. 

The Bill to prevent the unreasonable destruction of Fish in Neuse 
River, Tar River, Fishing Creek, Rocky River, and the South fork of 
the Catawba River. 

The Bill for allowing time for the payment of the duties on Wine, 
and other spirituous Liquors — and — 

The Bill for the relief of jaoor debtors as to the imprisonment of 
their persons and other purposes; Endorsed, November IS"" 170() In 
the upper House, read the first time and passed, 

The Bill apjiointing the method of distributing Intestates Estates, 
Endorsed, November 19"' 17()(j, read the third time and passed. 

Ordered to lie engrossed. 

The Bill for destroying Crows and Squirrels within the Counties 
therein mentioned, Endor,sed, November 19"" 1766, In the upper 
House read the first time amended and passed. 

The Bill for regulating the duty of a vendue Master to be apjpointed 
for the Town of Wilmington, Endor.sed November 19"' 1766, In the 
upper House, read the second time amended and passed — and — 

The Bill for facilitating the navigation of Port Bath, Port Roan- 
oke, and Port Beaufort, Endorsed, November 19"" 1766, In tlie upper 
House read the second time amended and passed, 

Rec'' from the Council the following Bills, Viz'. 

The Bill to prevent the Inhabitants of South Carolina driving 
their, stocks of Cattle from thence to range and feed in this Province, 
and other purposes, 



COLONIAL HECORDS. 38:^ 



The Bill to prevent hunting for, and killiixg Deer in the manner 
therein mentioned — p]ndorsed November 19"' 176H, In the upper 
House read the second time and passed, and. 

The Bill for erecting a Court House and Prison for the District of 
Edenton, Endorsed, November U*"" 17<;c>, In the upper House read 
the third time and passed, 

Ordered to l)e engrossed. 

Mr Dawson presented two certificates from the County Court of 
Northampton therein recommending John Wade and Richard 
Pritchett, to be exempt from paying [lublic taxes — Granted. 

Rec'' from the Council the following Message Mz' 

Mr Speakek axd Gentlemen of thk House ov Assembi,y, 

On reading the third time, "The Bill to encourage Benjamin 
" Heron Esquire to build a bridge over the North East River of 
" Cape Fear," We observe, that in the eleventh line of the first Sec- 
tion, you have inserted the words, twenty five years next after the 
passage of this Act; And at the conclusion of that Section, you 
have added another clause in the following Words — And be it 
further enacted by the authority aforesaid, (That from and after the 
expiration of the said term of twenty five years, it shall and may 
be lawful for the Justices of the said Inferior Court of New Hanover 
County from time to time, and at all times thereafter, to establish 
and rate the toll, to be taken for the said bridge") to which altera- 
tions this House cannot agree, and therefore hope you will pass so 
useful a Bill without; and that you will please to send some of your 
Members to see the same expunged. 

On reading of which and duly considering the same. 
Resolved, this House concur to the said amendments proposed by 
the Council in the said Message, 

Resolved that the following Message be sent to the Council, Viz' 

Gentlemen of His Ma.iestys Honble Council, 

On reading your Message of this day relative to the Bill, to 
encourage Benjamin Heron, Esquire, to build a bridge over the 
North East Branch of Cape Fear, We observe you propose expung- 
ing the words twenty five years next after the passing of this Act, 
and also the clause impowering " The Justices of the Inferior Court 
of New Hanover Countv, from time to time thereafter to establish 



384 COLONIAL RP]CORDS. 



and rate the toll, to be taken for the said bridge," to which altera- 
tions this House agree, and have sent Mr Robert Howe and Mr 
James Moore, two of tlie Members of this House, to see the same 
made. JOHN HARVEY Sp. 

On motion ordered the Bill for allowing time for the payment of 
the duties on Wine and other Spiritous Liquors, 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 Brickell and Mr Cole. 

Two of the Members of His Majestys Honble Council, came to 
the House, and Mr Joseph Williams one of the Members for Duplin 
County appeared, took the oaths by Law appointed for his qualifica- 
tion, subscribed the test and took his seat in the House. 

Mr Fanning pursuant to order presented a Bill to amend an Act, 
Intitled an Act, for establishing a Town on the Land formerly 
granted to W" Churton Gentleman lying on the North side of the 
Enoe River, 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 Brickell and Mr Cole. 

On motion ordered, the Bill for the relief of poor debtors, as to 
the imprisonment of their persons, be read the second time. Read 
the same a second time, and the Motion made, that the said Bill 
pass; on which, the question was put, and carried in the negative. 

Then the House adjourned till 10 "Clock tomorrow morning 

Thursday 20"' November ITOfi 

The House met according to adjouriunent 

Mr Fanning pursuant to order, brought in a Bill, to lay a tax on 
Pedlars and other Itinerant Traders coming into this Province, 
which he read in his place and delivered in at the Table where the 
same was again road l>y the Clerk, passed and ordered to be sent to 
the Council 

Sent the same to the C^ouncil b}- Mr Howe and Mr Ashe, 

On motion ordered the Bill, to confirm the ^'estry of St James 
Parish in New Hanover County to enable them to lay a tax on all 
taxable persons within the same be read the second time, On 
which the Motion was put, and the question put, if the said Bill 
pass, and carried in the negative. 



COLONIAL RECORDS. 385 



Rec'' from the Council the following Bills, Viz' 

The Bill for joining the navigation of old Topsail Inlet to Neuse 
River by cutting a navigable Canal from the liead of Harlows 
Creek to Clubfoot Creek, Endorsed, November 20"" 1766 In the 
upper House read the third time and passed. Ordered to be 
engrossed. 

The Bill for erecting part of Rowan Count_y and part of Orange 

County into a separate County b^' the name of County and 

Parish of and other purposes, and. 

The Bill for appointing a Printer to this Province, Endorsed, 
November 20"' 1766, In the uj)per House, read the first time, 
and passed, and also. 

The two Resolves of this House sent to the Council the 17" 
Instant, the one regarding an allowance to William Churton, 
Gentleman, the other relative to the Garrisoning of Fort .Jphnston, 
Endorsed, November 17"' 1766, In the upper House, Concurred 
with. JOHN RUTHERFORD P. 

Also the above two mentioned Resolves be sent to His Excellency 
for his Concurrence, 

Sent the above mentioned two Resolves to His Excellency the 
Governor for His Concurrence by Mr and Mr 

Also the following Message Viz' 

To His Excellexcy William Tryox, Esquire.Captaix, General 

Governor, &c' 
Sir, .„.^^ 

This House herewith send Your Excellency two Resolves thereof, 
the one regarding an allowance of one hundred and fifty pounds 
proclamation money to William Churton Gentleman, the other 
relative to the garrisoning Fort Johnston; to whioli his Majestj'^'s 
Honble Council have concurred, tlris House therefore desire your 
Excellency's will please to give your assent thereto. 

Sent the same to His Excellencj' 1iy Mr Frohock and Mr Charles 
Blount, .^ 

On motion ordered Mr Phifer who was ordered to bring in a Bill 
to enable the inhabitants of this Province to pay their Taxes with 
linen, cloth, hemp and flax — Resolved he be discharged from said 
order, 

VOL. VII — 25 



386 COLONIAL RECORDS. 



Mr Dawson from the Committee appointed to prepare and bring 
in a Bill for regulating the fees of the several officers &c' reported, 
that they have not time to prepare and bring in the said Bill ; and 
desire to be discharged from said order, Resolved the said Committee 
be discharged accordingly. 

Mr Joseph Jones, presented a certificate from the Inhabitants, of 
Pasquotank County setting forth the many great hardships the said 
inhabitants, as well as several other inhabitants of this Province 
endure, for want of Paper, and other currency — Praying relief (fee*, 
the same was read, and 

Resolved, the House Resolve into a Committee of the whole 
House, tomorrow to consider the subject matter of the said Petition. 

Mr Fanning according to order, brought in a Bill to amend an 
Act, Intitled an Act, concerning Marriages; which he read in his 
place ami 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 Thomas Howe and Mr 
Bradford, 

On motion ordered the Bill for appointing a Printer to this 
Province, 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 Jacob Blount and Mr Tho° 
Howe. 

Rec'' from his Excellencj^ the Governor a wi'ittcn message with 
papers therein referred to, as follows Viz' 

Mr Speaker and Gextlemen of the House of Assembly. 

As the Commissioners appointed by an Act of Assembly 1764, for 
settling of six Acres of Land for the use of Fort Johnston, have 
never carried the same into Execution, and as such a tract is incon- 
siderable and insufficient for the necessaries of the Fort, I send you 
a j)lan accuratelj' surveyed, of* such a Tract, as I estimate really 
necessary to be obtained, and reserved to his Majesty for the use of 
Fort Johnston 

The abstract, from my instructions, which accompanies this, will 
show the complaints and inconveniencies that have arisen in several 
of his Majesty's Forts on the Continent, for want of a proper quan- 
tity of Laud, sufficient to furnish fuel, I therefore recommend to 
you Gentlemen, to pass a Law to purchase and reserve, for the use 



COLONIAL RECORDS. 387 



aforesaid, the land containing about five hundred and thirty acres 
as laid down in the said plan, 

W" TRYON. 

Then the House adjourned till 10 "Clock tomorrow morning 

Thursday November 20'" 1766 

The House met according to adjournment 

On motion ordered, the Bill for facilitating the navigation of Port 
Bath, Port Roanoke, and Port Beaufort 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 Jacob Blount and Mr Tho' 
Howe. 

On reading his Excellency's Message of this day, Resolved, This 
House will take th^e same in consideration tomorrow. 

On motion ordered the Bill to prevent the unreasonable destruction 
of Fish in Neuse River &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 by Mr Harris & Mr Rutherford 

On motion ordered the Bill to prevent hunting for and killing 
Deer in the manner therein mentioned, be read the second time, 
read the same a second time passed and ordered to be sent to the 
Council. 

Sent the same by Mr Harris and Mr Rutherford 

On motion ordered the Bill for destroying Crows and Squirrels &c^ 
be read the second time, read the same a second time, on which the 
motion was made that the said Bill pass, and the question put which 
was carried in the negative. 

Resolved the following Message be sent to the Council, Yh': 

Gentlemen of His Majestys Honble Council. 

This House have taken into consideration your Message, relative 
to the appointment of a public Treasurer, and cannot agree to your 
proposal of inserting the Honorable Lewis DeRosset Esquire in the 
room of .John Ashe Esquire ; neither can we recede from the opinion^ 
that the right of nominating a Treasurer is in this House ; yet shall 
be far from deeming your agreement to the appointment of Mr Ashe, 
as the relinquishing anj' right, which, in your opinion, you have a 



COLONIAL RECORDS. 



joint nomination ; and should be glad you will pass the Bill as sent 
you by this House: It will ever give us concern, should anj' circum- 
stances arise to interrupt the harmony that ought to subsist between 
the two houses; which it is as much our intention, at it is our wish 
to cultivate and promote 

> JOHN HAR\'EY Sp. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday November 21" 1766 

The House met according to adjournment. 

On motion ordered the Bill, for ascertaining the boundary line 
between the Counties of New Hanover and Bladen, 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 Kenan and Mr Frohock, 

Rec'' from the Council the Bill to encourage Benjamin Heron 
Esquire, to build a bridge over the North East branch of Cape Fear, 
at or near the place where the Ferry is now kept by Edward Davis, 
Endorsed, November 20"" 1766. In the upper House read the third 
time and passed with amendments. 

Ordered to be engrossed. 

The Bill to amend and continue an Act, Intitled an Act for 
appointing a Militia Endorsed November 20"" 17G(). In the upper 
House read the second time and passed. 

The Bill to lay a tax on Pedlars and other Itinerant Traders com- 
ing into this Province, 

The Bill to amend an Act, Intitled an Act, for regulating the 
pilotage of Cape Fear River, etc" and other purposes. Endorsed 
November 20"" 1766, In the upper House, read the first tima and 



The Bill to amend an Act, Intitled an Act, for establishing a 
Town on the Land formerly granted to William Churton, Gentle- 
man, lying on the North side of the Enoe Rive^i in Orange County, 
and. 

The Bill to amend an Act, Intitled an 'Act, concerning Marriages, 
Endorsed, November 21" 17''i(), In the upper House read the fir.st 
time and passed, and, 

Also the following Message, to wit, 



COLONIAL RECORDS. 389 



Mr Speaker and Oentlkmen of the Assembly, 

On reading for the third time the Bill for facilitating the naviga- 
tion of Port Bath, Port Roanoke, and Port Beaufort, We observe 
you have deled our amendment in the fourth page, relative to the 
propositions of the Port of Bath and Beaufort which we apprehend 
arises from an opinion that the expression was not suffieiently 
explicit; we would therefore projjose, that instead of the words, (in 
proportion to the sums received in their respective Ports) deled by 
you, the words (in proportion to the sums received in the Ports of 
Bath and Beaufort) be inserted. This amendment being consonant 
with the princijiles of distributive Justice, we hope, j'ou will agree 
thereto, and send two of your Members to see the same made. 

On motion ordered the Bill to prevent the Inhabitants of South 
Carolina driving their stocks of cattle from thence to range and 
feed in this Province, and other Purposes, be read the third time. 
Read the same a third time passed and ordered to l)e sent to the 
Council 

Sent the same by Mr Kenan and Mr Frohock. 

Rec^ from His Excellency the Governor the two Resolves of this 
House of the IT"* Instant, the one regarding the allowance to Wil- 
liam Churton of one hundred and fifty five pounds proc. money, the 
other relative to the garrisoning of Fort .Johnston; which were con- 
curred with by the Council, Endorsed November 21" 1766. Con- 
curred with. " W" TRYON. 

Resolved tlio following Message be sent to the Council, Viz'. 

Gentlemen of His Majestys Honble Council, 

On reading your Message of this day relative to the Bill for facili- 
tating the navigation of Port Bath, Port Roanoke and Port Beaufort, 
We agree to insert the following words in the Bill, to wit, (In pro- 
portion to the sums received in the said Ports of Bath and Beaufort) 
and send Col° Barron and Mr Respess to see the same inserted. 

JOHN HARVEY Sp. 

Rec'' from the Council the Bill to prevent hunting for and killing 
Deer in the manner therein mentioned. Endorsed, November 21" 
1766, In the upper House, read the third time and passed. Ordered 
be engrossed, 



890 COLONIAL RECORDS. 



The Bill to revive and continue an Act, Intitled an Act, to estab- 
lish a ferry from SoUys jjoint whereon the Court House now stands, 
on Pasquotank River, Endorsed November 21" 1766. In the 
upper House, read the first time and passed. 

The Bill for appointing a Printer to this Province, Endorsed 
November 21" 1766. In the upper House read the second time and 



Mr Pollock, Mr Campbell, and Mr Brickill moved for leave to 
absent themselves from the service of the House 

Ordered they have leave accordingly. 

Ordered the Bill to amend an Act Intitled an Act, for Establish- 
ing a Town on the Lands formerly granted to William Churton 
Gentleman, lying on the North side of the Enoe River in the 
County of Orange, 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 Kenan and Mr Frohock. 

Two of the Members of his Majesty's Honble Council came to 
the House and Mr Richard Ward, one of the Members from Onslow 
County, appeared, took the Oaths by Law appointed for his qualifi- 
cation, subscribed the Test, and took his seat in the House 

It appearing to this House that Richard Grove, who was elected 
a Representative for the Town of Campbellton, is since dead, there- 
fore — Resolved, that his Excellency the Governor be addressed to 
direct the Clerks of the Crown to issue a Writ for electing a Rep- 
resentative for the said Town in the room and stead of the said 
Richard Grove; 

And that the following Message be sent to His Excellency the 
Governor, to wit. 

To His Excellency William Tryon, Esquire, Captain General, 
Governor Commander in Chief, in and over his Majestys 
Province of North Carolina 

Sir, 

This House being informed that Richard Grove who was elected 
a Representative for the Town of Campbellton, is dead; therefore 
desire your Excellency will please to direct the Clerk of the Crown 
to issue a Writ for Electing a Representative for the said Town of 
Campbellton, in the room and stead of the said Richard Grove to 
sit and vote in the Present Assembly. 

JOHN HARVEY Sp. 



COLONIAL RECORDS. 391 



Sent by Mr Campbell and Mr Polk. 

On motion ordered the Bill for reviving the several Acts of 
Assembly relating to the inspection of Tobacco 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 Kenan and Mr P^ohock, 

On motion ordered the Bill, for regulating the duty of a \^endue 
Master to be aj^pointed for the Town of Wilmington in this Province 
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 Kenan and Mr Frohock, 

The order of the day 'being read, Resolved, the House resolve 
into a Committee of the whole House tomorrow, to take into con- 
sideration the petition of the inhabitants of Pasquotank County. 

On motion ordered the Bill to amend an Act, Intitled an Act, to 
prevent the exportation of unmerchantable commodities, 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 Kenan and Mr Frohock. 

Mr Smith and Mr Moore i«oved for leave to absent themselves 
from the service of the House, 

Ordered they have leave accordingly. 

Then the House adjourned till 10 "Clock tomjn'row morning. 

Saturday November 22^ 1766.' 

The House met according to adjournment 

On motion ordered the Bill to amend an Act Intitled an Act, for 
regulating the pilotage of Cape Fear River, and other purposes, be 
read the second time, read the same a second time, passed, and 
ordered to be sent to the Council, 

Seijt the same to the Council by Mr Ashe and Mr Knox. 

Rec'' from the Council the following Message, Viz'. 

Mr Speaker and Gentlemen of the House of Assembly, 

On reading the third time the Bill for establishing a school house, 

in the Town of New Bern, we have many objections to the said Bill 

as it now stands, and therefore propose the following amendments. 
That the Minister of Christ Church Parish for the time being, be 

a Trustee or Director ; and that the words we had inserted in this 



392 COLONIAL RECORDS. 



House at the second reading for that purpose, and which you have 
deled in your House be steted. 

That the duty on rum be continued for seven years only; and 
that these words for that purpose be inserted in the Bill after the 
words (be paid for and during the space of seven years, from and 
after the passage of this Act) 

That the following clause be added to the Bill Viz' (Provided, that 
no person shall be admitted to be master of the said school, but, who 
is of the established C'hurch of England ; and who, at the recom- 
mendation of the Trustees or Directors, or the Majority of them, 
shall be duly licensed by the Governor or Commander in C'hief for 
the time being) 

To which amendments, if you agree, please send two of your ]Mem- 
bei^s to see the same made. 

Resolved the following ^lessage be sent to the Council, Viz'. 

Gextlej[ex of His Ma.jesty's Honele Council, 

In answer to your Message of the 21" Instant, received this day, 
relative to the several amendments by you proposed, to the Bill for 
the establishing a school house in the Town of New Bern ; as to the 
first we are sensible the present Minister of Christ Church parish 
being a Trustee or- Director, would be very agreeable to the con- 
tributors to the building of the said school house and we have not 
the least doubt, should the Bill pass a Law, but he will be chosen 
one of the Trustees: at the same time to appoint the Minister for the 
time being one of the Trustees, we think would be depriving the 
said contributors of a right whicli they may justlv claim ; and there- 
fore cannot agree to the amendment. 

To the second and third, this House agree may be inserted in the 
said Bill, and send Mr Cflswell and Mr Blount, two of the Mcjnbers 
thereof, to see the same done accordingly. 

.lOHN HARVEY Sp 

Mr Brvan moved for leave to alisi'nt himself from the service of 
the House, 

Ordered he have leave accordingly. 

Resolved, his Majesty be addressed by this House to return him 
their thanks for his a.ssent to the repeal of the Act, commonly called 
the Stamp ^\.ct. 



COLONIAL RECORDS. 393 



Mr Harnett from the Committee of Public Accounts reported the 
Committee had settled several Accounts with the several public 
accountants and had received the several sums following, on account 
of the sinking fund Viz' from several Sheriffs by the hands of Samuel 
Swann Esquire the sum of two thousand five hundred and fifty seven 
pounds five shillings: from Joseph Montfort Esquire, Treasurer of 
the Northern District, Two thousand five hundred and twenty one 
pounds twelve shillings and two pence, and from the Executors of 
John Starkey Esquire, four hundred and nineteen pounds one shil- 
ling and eight pence proc money; wliich said several sums are to 
be burnt. 

Resolved the Committee of the Whole House be, and they are 
hereby appointed to join a Committee of his Majestys Council to see 
the same burnt, at the House of Richard Cogdell at 4 "Clock this 
afternoon. 

Resolved the following Message be sent to the Council, \^iz' 

Gentlemen of His Ma.jestys Honble Council. 

The Committee of Accounts have received the sum of £2557: 5 
from the several Sheriffs b}- the hands of Samuel Swann Esquire, 
the sum of £2521: 12: 2'' from Joseph Montfort Esquire Trea.surer 
of the Northern District, and the sum of £419: 1: 8: from the 
executors of John Starkey Esquire, on Account of the sinking fund, 
which said several sums are by Law to be burnt; this House have 
therefore appointed a Committee of the whole House, to see the 
sums burnt at the house of Mr Richard Cogdell, in New Bern, at 4 
"Clock this afternoon, in conjunction with such of your Honors, as 
you shall think proj)er to apjioint for that pui'i^ose. 

JOHN HARVEY, Sp. 

Sent by Mr ('aswell and Mr Blount, 

The order of the day being. read, the House resolved into a Com- 
mittee of the whole House to take under consideration the {petition 
of the Inhabitants of Pasquotank County, and chose Mr Richard 
Casw^ell, Chairman ; after some time spent therein the Comhiittee 
came to several Resolutions; wdiicli Mr Chairman was directed to 
report to the Plouse, Then the Committee arose, and Mr Speaker 
resumed the Chair. 

Mr Chairman reported that it is the opinion tliereof, that a Bill 
be prepared and brought into the House, for rating the price of the 



894 COLONIAL RECORDS. 



several commodities therein mentioned; and that a Committee be 
appointed to prepare and bring in the same, That it is the opinion 
of the said Committee, That an humble address be prepared and 
presented to his Majesty, setting forth the great distress this Province 
is reduced to, from the want of a currency, and humblj' implore his 
Majesty that he will be graciously pleased to use his Royal Influence 
with his Parliament; to take off the restrictions laid upon us by 
act of Parliament relative to future emissions of a paper currency ; 
and such other relief as he, in his Royal Wisdom shall think meet, 

The motion was made, and the question put, if the House agree 
to the said report. 

Resolved, the House agree thereto. 

Mr John Ashe, Mr Fanning, and Mr Robert Howe, are appointed 
a Committee to prepare an Address to his Majesty on the repeal of 
the Stamp Act. 

And Mr John Ashe, Mr Fanning, and Mr Robert Howe are 
appointed a Committee to prepare an Address to his Majesty, for 
leave to emit a paper Currency, 

Mr Harnett, Mr Caswell, Mr Frohock, Mr Knox, and Mr Phifer 
are appointed a Committee to prepare and bring in a Bill for 
rating the species of the several commodities therein mentioned, 

Rec'' from the Council the Bill for allowing time for the payment 
of duties on Wine ; and other spiritous Liquors, Endorsed, Novem- 
ber 22'' 176(). In the upper House, read the second time amended 
and passed, 

The Bill to prevent the unreasonable destruction [of fish] in Neuse 
River, Tar River, Fishing Creek &c'' Endorsed, November 21" 
1766. In the upper House read the second time, amended and 
passed, and. 

The Bill for facilitating the navigation of Port Bath, Port Roan- 
oke and Port Beaufort, Endorsed, November 22'' 17GB, In the upper 
House read the third time and passed with amendments, 

Ordered to be engrossed. 

The order of the day being read the House took into considera- 
tion His Excellencys Message of the 20'" Instant, regarding the 
purchase of 530 Acres of Land for the use of Fort Johnston ; 

Mr Fanning moved a Committee be appointed to view the 530 
acres of Land adjoining Fort Johnston, of which his Excellency 
sent a plan to this House ; and Mr Ashe, Mr Harnett, Mr Kenan, 



COLONIAL RECORDS. 395 



Mr Robert Howe, and Mr Bartram, are accordingly appointed for 
that purpose, 

Resolved the following Message be sent to His Excellency the 
Governor, 

To His Excellency William Tryon Esquire, Captain General, 
Governor and Commander in Chief, in and over his Majesty's 
Province of North Carolina, 
Sir, 

This House have taken into consideration your Excellency's Mes- 
sage of the 20"" Instant; and in Honour thereto have ajipointed a 
Committee of this House, to view the Land of which we have your 
Excellency's plan; and have instructed them to confer with the pro- 
prietors concerning the price, and to report to this House at the 
next session of Assembly, the value thereof, that such measures may 
be pursued as shall best answer the jjurposes of your Excellency's 
Message. JOHN HARVEY Sp. 

Sent by Mr Harnett and Mr Kenan. 

On motion ordered, the Bill for appointing a Printer to this Prov- 
ince be read the third time, Read the same a third time, amended 
passed and ordered to be sent to the Council. 

Sent the same by Mr Frohock and Mr Spencer. 

Rec'* from the Council the following Message, Viz' 

Mr Speaker and Gentlemen of the Assembly 

In answer to your Message, relative to burning the several sums 
paid in to the Committee of Accounts; This House have|appointed 
a Committee of the whole House to see the same burnt at the House 
of Mr Richard Cogdell at the time you mention. 

On motion ordered the Bill to amend and continue an Act, Inti- 
tled, an Act for appointing a Militia be read the third time. Read 
the .same a third time, amended jiassed, and ordered to be .sent to 
the Council, 

Sent the saiiie by Mr Frohock and Mr Spencer. 

Then the House adjourned till 10 "Clock tomorrow morning. 



396 COLONIAL RECORDS. 



Monday November 24* 1766. 

The House met according to adjournment 

Mr Harnett reported, that the Committee of the two Houses had 
attended and seen the money burnt, agreeable to the Resolve of 
Saturday last. 

Mr Fanning moved that two Members wait on the Council, and 
ask them, if they will please join with this House in an Address to 
his Majesty, on the repeal of the Stamp Act. 

Ordered that Colonel Frohock and Mr Spencer wait on the Coun- 
cil for that purpose 

Rec* from the Council the Bill for establishing a school in the 
Town of Newbern; Endorsed, November 22'"' 1766 In the upper 
House read the third time and passed with amendments. 

Ordered to be engrossed, and 

The Bill to establish the vestry of Saint j'ames Parish in New 
Hanover County, to enable them to laj^ a tax to pay the Minister of 
the Parish, and defray the Contingent Charges thereof, Endorsed, 
November 22* 1766. In tlie upper Hoiise, read the first time and 
passed. 

On motion ordered the Bill, for erecting part of Rowan County 
and part of Orange County into a separate County, by the nanie of 

County and Parish be read the second time, Read 

the same a second time, amended passed, and ordei'ed to be sent to 
the Council. 

Sent the same to the Council by Mr Frohock and ^Ir Spencer. 

Rec* from the Council the following Bills, Viz' 

The Bill to amend an Act, Intitled an Act, for establisliing a 
Town on the Land formerly granted to William Churton, Gentle- 
man lying on the North side of the Enoe River-, in the County of 
Orange, and 

The Act, for reviving and reenacting the several Acts of Assem- 
bly, relating the Inspection of Tobacco Endorsed, November 24"" 
1766, In the upper House read the second time and passed. 

On motion ordered the Bill, to amend an Act, Intitled an Act, 
concerning Marriages, 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 Frohock and Spencer. 

Resolved the following Message be sent to the Council A'iz' 



(;k)Lonial records. 397 



Gi'.NTLEMEN OF His Majestys Honbij-; Council, 

This House have appointed Mr Ashe, Mr Fanning and Mr Robert 
Howe a Committee to prepare an Address of thanlcs to his most 
gracious Majesty, on the happy event of tlie repeal of the Stamp 
Act, and other late Instances of Royal Clemency, manifested to the 
Colonies; and desire to be informed, if your Honors will join us; 
and if j'ou will consent thereto, that you will appoint such of your 
Members as you shall think proper, to join the Committee of this 
House, in drawing up of the same, that it might appear to be the 
united and joint Address of two branches of the Legislature of this 
Province. 

.JOHN HARVEY Sp 

Sent by Mr Frohock and jNIr Spencer. 

On motion ordered the Bill, to amend an Act, Intitled an Act, 
for establishing a Town on the Land formerlj' granted to William 
Churton Gentleman lying on the North side of the Enoe River in 
the C'ounty of Orange be read the tliird time, read the same a third 
time amended passed and ordered to be sent to the Council. 

Sent the same l^y Mr Sheppard and Mr Mitchel. 

On motion ordered the Bill for a further allowance to Sheriffs 
and Collectors of Taxes, and other purposes 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 Craj^ and Mr Palmer. 

On motion ordered the Bill to prevent the unreasonable destruction 
of Fish in Neuse River, Tar River (fee' be read the third time, read 
the same the third time, amended, passed and ordered to be sent to 
the Council 

Sent the same by Mr Cray and Mr Palmer 

On motion ordered the Bill to amend an Act, Intitled an Act, for 
rendering more effectual the Laws making Lands, and other real 
Estates liable to the payment of debts, be read the second time, read 
the same the second time amended passed, and ordered to be sent 
to the Council 

Sent the same by Mr and Mr 

On motion ordered the [Bill to] Revive and continue an Act, 
Intitled an Act, to establish a ferry from Sollys Point to Relfes Point 
whereon the Court House now stands on Pasquotank River be read 
the second time, read the same the second time and rejected 



398 COLONIAL RECORDS. 



On motion ordered the Bill to establish the Vestry of Saint James' 
Parish in New Hanover County, to confirm their proceedings, and 
to enable them to pay the minister of the parish and to defray the 
Contingent charges thereof, be read the second time, read the same 
the second time and rejected, 

Mr Caswell from the Committee appointed to prepare and bring 
in a Bill for rating the prices of the several commodities therein 
mentioned, presented the said Bill, which he read in his place, and 
delivered the same in at the Table, where the same was again read, 
passed, and ordered to be sent to the Council, 

Sent the same to the Council by Mr Benton and Mr Sawyer, 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday November 24"' 1766 

The House met according to adjournment. 

Rec'' from the Council the Bill, for erecting a convenient building 
within the ToM'n of New Bern, for the residence of the Governor or 
Commander in Chief for the time being, Endorsed, November 24"" 
1766, In the upper House, read the tliird time and passed. 

Ordered to be engrossed, also. 

The Bill to amend an Act, Intitled an Act, for regulating the 
pilotage of Cape Fear River, and other purposes, Endorsed, Novem- 
ber 24* 1766, In the upper House read the second time, amended 
and pas.sed, 

On motion ordered the Bill for reviving and re-enacting the sev- 
eral Acts of Assembly relating to the inspection of Tobacco, be read 
the third time, read the same a third time passed and ordered to be 
sfent to the Council, 

Sent the same by Mr Benton and Mr Sawyer. 

On motion ordered the Bill for allowing time for the payment of 
the duties on Wine, and other spirituous liquors, be read the third 
time, read the same a third time amended i^assed, and ordered to be 
sent to the Council 

Sent the same by Mr Haywood and Mr Rutherford. 

On motion ordered the Bill to lay a tax on Pedlars and other 
Itinerant Traders coming into this Province, be read the second 
time. Read the same a second time amended passed and ordered 
to be sent to the Council. 

Sent the same by Mr Haywood and Mr. Kutherford. 



COLONIAL KEC'ORDS. 399 



Rec" from the Council tlic following Bills, Viz'. 

The Bill for a further allowance of commissions to .Sheriffs and 
Collectors of Taxes and other purposes, 

The Bill to amend an Act, Lititled an Act, for establishing a Town 
on the Land formerly granted to William Churton Gentleman, lying 
on the North side of the Enoe River in the County of Orange, 

The Bill for reviving and re-enaeting the several Acts of Assembly 
relating to the inspection of Tobacco, Endorsed, November -io'" 
1766, In the upper Plouse, read the third time and passed, 

Ordered to be engrossed. 

The Bill for altering the Boundary Line? between the Counties of 
New Hanover and Duplin, and between Duplin and Johnston 
Counties; Endorsed, November 25"" 1766, In the upper House, 
read the second time amended and passed. 

On motion ordered the Bill to amend an Act Intitled an Act, for 
regulating the pilotage of Cape Fear River and other purposes, be 
read the second time. Read the same a second time, amended 
passed, and ordered to be sent to the Council. 

Sent the same by Mr Williams and Mr Cray. 

Mr Charles Blount, and Mr Knox moved for leave to absent them- 
selves from the services of the House, the remainder of the Session. 

Ordered they have leave accordingly. 

Rec'' from the Council the following Message, to wit, 

Mr Speaker and Gentlemen of the Assemrly, 

We have taken your Message of the 24th Instant, in considera- 
tion, and shall most chearfully join you, in your proposal of address- 
ing his Majesty on the recent and glorious instance of Royal 
favour, manifested to his faithful Subjects in America, We have 
appointed the Honorable Lewis DeRosset and Henry Eustace M°Cul- 
loh Esquires, a Committee of this House, to join your Committee in 
preparing the said Address. 

(Jn motion ordered the Committee appointed to prepare and 
bring in a* Bill for cutting and clearing a road from Rowan, Anson 
and Mecklenburg Counties ; and the several other Counties therein 
mentioned, the best and nearest way to Wilmington on Cape Fear 
River be discharged from bringing in the said Bill. 

On motion ordered that Mr Waddell, Mr Polk, Mr Frohock, Mr 
James Moore, and jNIr Spencer or a Majority of them be appointed 



400 COLONIAL RECORDS. 



a Committee to view and report tlie most convenient and nearest 
way of making a road from Rowan, Anson and Mecklenburg 
Counties to Wilmington. 

Rec** from the Council the Bill for rating the species of the several 
Commodities therein mentioned, and. 

The Bill to impower the Church Wardens and Vestrymen of 
Saint John's Parish in the County of Bute, to appropiiate the sur- 
plussage money levied for erecting the public Building in said 
County, to the use of the said Parish of Saint Johns, Endorsed 
November 25"' IKiO, Li the upper House read the first time and 



Rec* from the ( 'ouncil the following Message "\'^iz' 

Mr Speak rr and Gentlemen of thk House of Assembly, 

On reading for the third time the Bill to amend and continue au 
Act, Intitled an Act, for appointing a Militia; We propose to dele 
the whole of the Clause, relative to the adjutant General, stded by 
you on the third reading; if you agree to this amendment, please 
to send some of your Members to see the same done, 

Resolved the following Message be sent to his Majestys Honorable 
Council, X'v/} 

Gentlemen of His Majestys Honble Council 

On reading your Message of this day relative to the Bill to amend 
and continue an Act, Intitled an Act for appointing a Militia, We 
apprehend the whole of the clause, relative to the Adjutant General 
was on our third reading ddcd by us; We therefore agree to your 
proposed amendment, and send Mr John Ashe, and Mr Robert 
Harris to see the same made, 

JOHN HARVEY, Sp. 

On motion ordered the Bill to Impower the Church AVardens and 
Vestrymen of Saint John's Parish in the County of Bute; to appro- 
priate the surplussage money, levied for erecting the public buildings 
in said County, to use of the said Parish of Saint John's be read the 
second time, read the same a second time, passed and ordered to be 
sent to the Council. 

Sent by Mr Ashe and Mr Harris, 

On motion ordered the Bill, for ascertaining the boundary Lines 
between the Counties of New Hanover and Duplin, and between 



COLONIAL RECOliDS. 401 



the Counties of Duplin und Johnston, be read the third time, Read 
the same a third time, amended passe<l and ordered to be sent to 
the Council, 

Sent by Mr Ashe and Mr Harris. 

On motion ordered the Bill, for rating the jiriees of the several 
commodities therein mentioned, be read the second time, Read 
the same a second time, amended passed, and ordered to be sent to 
the Council. 

Sent by Mr White and Mr Richard Ward 

Rec'' from the Council the Bill to amend and continue an Act, 
Intitled an Act for appointing a Militia, Endorsed November "iS'" 
176G, In the upper House, read the third time and passed with 
amendments. 

Ordered to be engro.ssed, also, 

The Bill, to amend an Act, Intitled an Act concerning Marriages. 
Endorsed November 25"' 1766, In the upper House read the second 
time, and passed with amendments 

Rec'' from the Council the following Message, to wit, 

Mr Speaker and Ckxti.emex of the Assembly, 

We observe that in your answer to our Message, of the 20"" Instant, 
on the Treasurers Bill, you have insisted upon your sole right of 
nomination and thereby continued those difficulties which obstruct 
the Bills passage : We do not see (however condescending we might 
wish to be for the sake of any public measure) how we can (circum- 
stanced as we now are) recede from our proposed amendments; as 
such a procedure would argue a relin(|uishment of our joint right of 
nomination, which we will, by no means agree to make ; however if 
you will agree, that in case we pass the Bill, it shall be looked upon 
as a joint nomination of the Houses, from our regard to the measure, 
we will agree to pass it; otherwise we cannot; you will therefore 
please to consider this subject again; and how far any accident that 
may befall the Bill, may be justly imputable to you or to us. 

Then the House adjourned till 4 "Clock in the afternoon. 

P. M. The House met according to adjournment 
Rec* from the Council the Bill, for allowing time for the payment 
of the duties on wine and other spirituous liquors, also, 

VOL. VII — 26 



402 COLONIAL RECORDS. 



The Bill for ascertaining the Boundary lines between the Counties 
of New Hanover and Duj)lin, ifec' Endorsed, November 25"" 1766, In 
the upper House read the third time and passed, 

Ordered to be engrossed, and 

The Bill to amend an Act, Intitled an Act, for regulating the 
pilotage of Cape Fear River, and other purposes. Endorsed, Novem- 
ber 25* 1760, In the upper House read the third time, amended and 



Ordered to be engrossed. 

Then the House adjourned till 10' "Clock tomorrow morning. 

Wednesday, November 26"' 1766. 

The House met according to adjournment 

On motion ordered, the Bill to amend an Act, Intitled, an Act for 
regulating the pilotage of Cape Fear River, and other purposes, be 
read the third time, read the same a third time; and then on motion, 

Resoh'ed, the following Message be sent to the Council, Viz', 

Gentlemen of His Ma.iestys Honble Council, 

On reading the third time, the Bill, to amend an Act, Intitled 
an Act for regulating the pilotage of Cape Fear River, and other 
purposes, we observe your Honors have afefed the Clauses relative 
to the duty on tonnage, and duty on the exportation of tar, pitch and 
terpentine, to South Carolina, and also, the clause requiring an addi- 
tion to the Bond to be given by Masters of Vesselslwhich were deled 
by us, on the second reading of the Bill in this House; We propose 
that the same be deled ; to which if j'ou agree, please to signify the 
same [to] this House, otherwise we cannot pass the Bill, 

Sent by Mr Harnett and Mr Shepard. 

On motion, Resolved, the following Message be sent to the Coun- 
cil, Viz'. 

Gentlemen of his Ma.jesty's Honble Council, 

It is with real concern that we find our answer to the amend- 
ments proposed by your Honors Message to this House of the 20"' 
Current, in the Bill for appointing a Treasurer, has proved dis- 
satisfactory ; and the more so, as it appears from the import of 
yesterday's Message, that exception has been taken rather at thjC 
mode of expressions in our Answer, than to our non compliance 



COLONIAL RECORDS. . 408 



with the proposed amendments. Li our answer we endeavoured to 
adopt the greatest delicacy of expression, and as we conceived, 
entirely avoided either asserting the sole right of nomination in us, 
or denying the right of joint nomination, as mentioned in your 
message, with a design of leaving this point of modern controvercy 
to be disputed at some future season, when there .should be greater 
need of, and stronger inclination to debate between the two Houses 
on points of priviledge, In this view of the matter we can't but 
flatter ourselves, it will be thought consistent with the wisdom and 
justice of your House, at this time, to wave an explicit or definite 
determination of the rights of the nomination betw^een the two 
Houses, especially on this occasion, Wherein the peace of Govern- 
ment, the public good and the harmony of two branches of the 
Legislative body of this Province must greatly depend, This House 
would most cheerfully acquiese with every measure, and complj^ 
with every sutible proposal, to remove the difficulties that may 
obstruct, the passing of the Bill before your Honor's, a Bill wherein 
the interest of the public is most nearly and essentially concerned, 
and therefore should esteem your passing the Bill, as it left this 
House, not as a relinquishment of any of your rights, but as an 
earnest of your desire to advance the public good, and to cultivate 
that harmony and unanimity which ought ever to subsist between 
the two Houses ; and which we are most cordially disposed to pro- 
mote, bv everv laudable and amicable measure, 

JOHN HARVEY Sp. 

iSent the same to the Council by Mr Fanning and Mr Benton. 

Rec* from the Council the Bill to amend an Act, Intitled an Act, 
to prevent the exportation of unmerchantable commodities; and, 

The Bill to laj"- a Tax on Pedlars, and other Itinerant Traders 
coming into this Province, Endorsed, November •2(5'" 1766. In 
the upper House, read the second time, amended and passei^, 

On motion ordered the Bill to amend an Act, Intitled, an Act, 
Concerning Marriages 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 Fanning and Mr Benton, 

Rec'' from the Council the Bill to impower the Church wardens 
and Vestrymen of Saint John's Parish in the County of Bute, to 
appropriate the surplussage money levied for erecting the public 
buildings in said County, to the use of the said Parish of Saint John's ; 



404 COLONIAL RECORDS. 



Endorsed, November 25"' 1700, In the upper House, read the second 
time amended and passed, 

Rec'' from his Excellency the Governor (by Mr Ehvin) the fol- 
lowing Message 

Mr Speaker and Gentlemen of the Assembly 

The several letters of correspondence and Indian talks, I now 
send you, are on tlie subject of an application Mr Stewart Superin- 
tendant of Indian affairs made, to me to run a dividing line between 
the Western settlements of this Province, and the Cherokee hunting 
grounds: these will point out to you the line proposed to be run, 
and the steps I took in Council, relative to Mr Stewart's application, 
and the expectations of the Indians; The necessity of this expe- 
dient is strongly urged by Mr Stewart, and appears necessary to 
secure the peaceable settlement and tranciuility of the lnhal>itants 
in the Western Frontiers, till his Majesty shall obtain a further 
Grant of Lands, from the Indians: This will also, in all proba- 
bility, not only be a great means of preventing a rupture with the 
Indians, but avoid incurring a heavy expence to the public; which 
might be the consequence of such a rupture. I must therefore Gen- 
tlemen, appl}^ to you for a Vote of Credit, for such a sum as you 
shall think necessary, to supply the expence of running tlie said 
Line, and presents to the Cherokee Indians. 

I should have communicated this matter sooner to your House, 
but waited in the daily exjiectation of an Express from Mr Cameron, 
Deputy to Mi' Stewart who was to send me in word, when the Indians 
would be on the spot ready to run the dividing line. 

I have reason to believe before the next Session of this Assembly, 
a General Post may be undertaken by the Post Master General of 
the Southern Districts for the conveyance of Letters through this 
Province, from Suffolk in Virginia, to Charles Town ; therefore for 
your information, I send you the Rout I propo.sed to the Post Mas- 
ter General, to be applied in such a manner as I shall find most 
salutary and convenient for so essential a service. 

^yn TKYON. 

On motion ordered, that the said Message lie for consideration 
until tomorrow. 

On motion ordered the Bill to laj a tax on Pedlars and other 
Itinerant Traders coming into tliis Province, be read the third time, 



COLONIAL RECORDS. 405 



Read the same thu third time, amended pas.sed, and ordered to be 
sent to the Council, 

Sent the same to the Council by Mr Fanning and Mr Benton, 

Mr Speaker and Gentlemen oe the As8E>rBLY. 

On reading tlie third time, the Bill for regulating the duty of a 
vendue Master, to be appointed for the Town of Wilmington in this 
Province, 

We propose the following amendments, Mz' — That the Title of 
the Bill on the top, be made agreeable to the Title, Endorsed on 
the back, — That as the commissions allowed by the Bill, as it now 
stands, arfe too low, we propose to allow two and a half per cent on 
all sales not amounting to more than one hundred jjounds, and that 
the words (to be) be inserted in the clause, obliging the vendue 
Master to account, to make that clause consistent with the Bill; to 
which amendments, if you agree, please to send some of your Mem- 
bers to see these amendments made ; 

On motion. Resolved the following Message be sent to the Council, 
Viz' 

Gentlemen of His JLvjesty's Honble Council, 

In answer to your Message, relative to the Bill, for regulating the 
duty of a vendue Master to be ajipointed for the Town of Wil- 
mington, in this Province; this House do agree to the several 
alterations proposed by your Honors, Except in that part relative 
to the Commissions; which this House cannot agree to. If this 
proposal should be agreeable, the Members \vho carry this Message 
will see the alterations made. 

JOHN HARVEY Sp. 

On Motion, ordered the Bill, to imiwwer the Church Wardens and 
Vestrymen of- Saint .John's Parish in the County of Bute, to appro- 
priate the surplussage money levied for erecting the public buildings 
in the said County, to the use of the said Parish of Saint John's be 
read the third time. Read the same a third time pa.ssed, and 
ordered to be sent to the Council. 

Sent the same to the Council by Mr Fanning and Mr Benton, 
Then the House adjourned till "Clock tomorrow morning. 



406 COLONIAL RECORDS. 



Thursday November 27"' 1766 

The House met according to adjournment 

On motion ordered, the Bill, to amend an Act, Intitled an Act, to 
prevent the exportation of bad unmerchantable commodities, be read 
third time, read the same a third time, amended passed and ordered 
to be sent to the Council. 

Sent the same by Mr Williams and Mr Kenan. 

Mr Caswell Chairman of the Committee of Claims reported that 
the Committee had settled and allowed sundry claims ; which were 
read; and there appearing several blanks in the said reports, 
Resolved the said blanks be filled up; The same were accordingly 
filled up, and then the House agreed to the said report, Except two 
claims, one to Robert Howe Esquire Associate Judge of Wilmington 
District, the other to Montfort Elbeck Associate .Jtidge of Halifax 
District, which were disallowed by the House, 

Rec'' from the Council the Bill to lay a tax on Pedlars and other 
Itinerant Traders coming into this Province, and also. 

The Bill to impower the Church AVardens and Vestrymen of St 
John's Parrish in the County of Bute to appropriate the surplusage 
money levied for erecting the public buildings in said County to the 
use of the said Parish of St Johns, Endorsed, November 26'" 1766, 
In the upper House, read the third time and passed. 

Ordered to be engrossed. 

Rec'' from the Council the following Message Viz' 

Mr Speaker and Gentlemen of the Assembly, 

On reading your Message, relative to the regulating the pilotage 
of Cape Fear River, and other purposes, we agree to your proposal 
of cideing the- several clauses you mention ; and hope the Bill will 
then pass your House, 

On motion ordered, the said Bill be again read, the said Bill passed, 
and ordered the same be engrossed. 

On motion, ordered the order of the Day be read, read the same; 
and then Resolved, It be taken in consideration Tomorrow. 

Received from the Council the following Messages Viz', 

Mr Speaker and Gentlemen of the Assembly, 

On reading the third time, the Bill to prevent the unreasonable 
destruction of Fish in Neuse River &c*. We observe you have omit- 



COLONIAL RECORDS. 407 



ted to mention the limit you intended, as to Neuse River: You will 
please send two of your Members to have it inserted. 

Mr Speaker and Gentlemen of the Assembly, 

On reading the Bill for appointing a Printer to this Province, We 
propose the following amendments. Viz'. To make the time foi 
printing and transmitting the Laws three months, as it stood at first, 
instead of four months — And that the said James Davis transmit to 
the Clerk of each House of Assembly, one copy of the Journals of 
the Assembly ; and that j'ou dde the word either, and insert each, to 
prevent disputes; To which amendments, if you agree, please to send 
some of your members to see the same made. 

Mr Speaker and Gentlemen of the Assembly, 

On reading a third time of the Bill to prevent the Inhabitants 
of South Carolina driving their stocks of cattle, from thence to 
range and feed in this Province, Ac", We observe you have inserted, 
between the first and second lines in the second section these words, 
Not an Inhabitant of this Province; which we apprehend arose 
from an opinion in your House, that the Inhabitants of this Province 
are tied down by the Bill, (as it before stood) not to keep more than 
ten head of their own Cattle to every hundred Acres of Land : But 
as that is not the case and intent, we would propose to dde the above 
mentioned words, and also these words, preceeding. And be it further 
enacted b}' the authority aforesaid, That and consolidate the first 
and second clause in the Bill by inserting tlie word, and, imme- 
diately after the last word in the first section, And the word, such, 
before the word cattle ; which amendments will make the Bill more 
consistant and clear than it at present stands : to which, if you agree 
please send some of j'our Members to see the alterations made. 

On motion Resolved the following Message be sent to the Council, 

Gentlemen of his Majesty's Honble Council, 

We agree [to] the several alterations proposed by your two Mes- 
sages of yesterday, and one of this day, relative to a Bill for 
appointing a Printer; The Bill to prevent the unreasonable destruc- 
tion of Fish in Neuse River; and the Bill to prevent the Inhabitants 
of South Carolina driving their Stocks of Cattle from thence to 



408 COLONIAL RECORDS. 



range and feed in this Province, and have sent Mr Ashe and Mr 
Spencer two of the Members of this House, to see the same made. 

JOHN HARVEY Sp. 

Sent the report of the Committee of Claims to his Majesty's Coun- 
cil for their concurrence. 

Rec^ from his Excellency the Governor, the following Message in 
Writing, and also the papers, 

Mr Speaker & Gentlemen of the House of Assembly, 

I send you herewith two letters; I received yesterda}-, the one 
from the Earl of Halifax, late Secretaiy of State ; the other from the 
Lords Commissioners of Trade and Plantations relative to a demand 
of Mr Samuel Wyley, for surveying the Catawba Lands, I am to 
recommend to your House, in obedience to his Majesty's Commands, 
that a provision may be made for the discharge of the moity of one 
thousand pounds, Soiith Carolina currency, Charged by Mr Wyley, 
for the above mentioned Service. W" TRYON, 

Mr Ashe moved tliat the Committee appointed on Saturday the 
22°* Listant, to prepare an Address to his Majesty, for leave to emit 
a paper currency be discharged. 

Resolved the said Committee be discharged accordingly. 

Mr Fanning from the Committee appointed to prepare an Address 
to his Majesty on the rejaeal of the Stamp Act, rej^orted, that the 
Conunittee, had prepared the said Address, which he presented to 
the House, and read the same, 

Resolved the same stand the Address of this House, and entered 
on the Journal thereof; and is a follows, Mz' 

To THE KiNiis MOST Excellent Majesty. 

The Humble Address of the Council and Assembly of North Car- 

( 'arolina, 
Most Gracious Sovereign, 

We your Majesty's most loyal and dutiful Subjects, the Council 
and Assembl}^ of this your Province of North Carolina, beg leave 
with all humilit}' to approach your Throne, with our ^\'armest 
wishes, for the safety and prosperity of }'onr Royal Person, Family 
and Government, 



COLONIAL KECH)RDS. 409 



The very considerable part 3'our Majesty's foithful .Suljjects in 
America have bourne in the late Transactions, make it highly 
necessary for them to take the earliest opportunity of manifesting 
their unshaken Loyalty, and of making every return of duty and 
giatitude for the jiaternal goodness, which has so graciously relieved 
them, Permit, us Sir, your faithful Subjects of North Carolina, 
with all truth, to assure your Majesty, that in the times of our 
utmost apprehensions, our breasts were ever filled with the purest 
sentiments of love and loyaltj' to the best of Kings, nor did we 
doubt, but that your tender care over all your Subjects, would (as 
soon as our grievances were made known) relieve us from a burden 
much too heavj' for us to bear. It is the Glory and happiness of 
the Inhabitants of this your Province of North Carolina, to look 
upon themselves as part of the British Empire ; and as such to 
testify and acknowledge (upon all occasions) not only the loA'e and 
dutj' of their hearts to your Majesty's Royal person, family and 
government, but also their cordial and natural attachment to the 
Mother Country; And we doubt not, but that the wisdom and 
justice, with ■which the Parliament assisted your Majesty, in your 
most gracious purposes, of not only relieving your American Sub- 
jects from the late unhappy situation, but of opening new Channels 
for Trade and Commercial Advantages, will be i)roductive in us, of 
every proper sentiment of respect and gratitude. .AA'ith joy and 
thankfulness we acknowledge these recent instances of j'our Majesty's 
goodness, and the Justice of Parliament; as thereby the happiness 
of your subjects is secured and fixed upon the true basis of public 
Liberty. 

That your Majesty may long Reign in the hearts of an united 
grateful and happy people; and that when, after a length of years, 
Heaven shall take you to itself, there never may be wanting one of 
your illustrious and gracious Family, to fill the Throne of the 
British Empire; are the ardent prayers of your Majesty's most 
dutiful and loyal Subjects the Council and Assembly of this Province. 

Then the House adjourned till 4 "Clock in the afternoon. 

P. M. The House met according to adjounniient. 
Rec^ from the Council the following Message, to wit, 

Mr Speaker and Gexti.emicx of the Assemuly, 

On reading the third time the Bill to amend an Act, Intitled an 



410 COLONIAL RECORDS. 



Act, to prevent the exportation of unmerchantable commodities, We 
observe you have inserted a clause for appointing several places of 
inspection, and have steted the clause for rejiealing the duty on raw 
hides and calf skins. We propose, that both these clauses be dcUd; 
to which if your House agree please to send some of j'our members 
to see the same done. 

Rec'' from the Council the Bill to amend an Act, Intitled an Act, 
for rendering more effectual the Laws making Lands and other real 
estates, liable to the payment of debts. Endorsed, November 27, 
1766, In the upper House, read the second time amended and 
passed. 

On motion ordered the folbjwing Message be sent to the Coun- 
cil, Viz' 

Gentlemen of His Majestys Honble Council, 

In answer to j^our Message of this Day, regarding the Bill to 
amend an Act, Intitled an Act, to prevent tlie exportation of unmer- 
chantable commodities. We agree to your proposal ; and send Mr 
Person and Mr Shepard two of the Members of this House, to see the 
clauses you mention, dded. 

.JOHN HARVEY Sp. 

Rec"" from the Council the Bill, for appointing a public Treasurer 
in the room of John Starkey Esquire deceased. Endorsed, Novem- 
ber 27"' 1766 In the upper House read the third time and passed. 

Ordered to be engrossed. 

Also the following Bills Viz'. 

The Bill to prevent the unreasonable destruction (if Fish in Neuse 
River, Tar River, Fishing Creek, Rockey River, the South fork of 
the Catawba River, the South fork of the Yadkin River, and Con- 
tentney Creek, 

The Bill for appointing a Printer to this Province, and. 

The Bill, to prevent the Inhabitants of South ( 'arolina driving 
their Stocks of cattle from thence to range and feed in this Province, 
and other purposes. Endorsed, November 27"" 1 706, In the upper 
House, read the third time and passed with amendments. 

Ordered to be engrossed. 

On motion ordered the Bill to amend an Act, Intitled an Act, for 
rendering more effectual the Laws making Lands and other real 



COLONIAL RECORDS. 411 



estates, liable to the payment of debts, be read the third time, read 
the same third time, amended, passed and ordered to be sent to the 
Council. 

Sent the same by Mr Harris and Mr Mitchell. 

Received from the Council the following Message, Viz' 

Mr Speaker and Gentlemen of the Assembly, 

On reading the third time the Bill, to amend an Act, concerning 
Marriages ; We propose, that the Bill should be amended as it went 
from this House on our second reading, to wit, to dele these words, 
or of the dissenting Presbyterian Clergy, in the second line, in the 
second section; to dele the words, in their usual and accustomed 
manner between the third and fourth lines, in the second i^age; to 
stet in the fifth line these words, any minister of the Church of Eng- 
land, or to dde, in the first proviso, these words inserted by you, or 
in such manner as directed by this Act. 

And also that the following clause be added, And be it further 
enacted by the Authority aforesaid, that this Act shall be and remain 
in force for and during the space of three years from the passing 
thereof, and no longer, to which amendments if you agree, please 
send some of your Members to see the same made. 

Rec* from the Council the Bill to amend an Act, Intitled an 
Act to prevent the exportation of unmerchantable commodities, 
Endorsed, November 27"" 1766, In the upper House read the third 
time and passed with amendments. 

Ordered to be engrossed. 

Then the House adjourned till 9 "Clock tomorrow morning. 

Friday November 28* 1766. 

The House met according to adjournment 

Mr Harnett, Chairman of the Committee of Accounts, Reported, 
that the said Committee had settled and allowed sundry Accounts; 
which he laid before the House, and to which the House agreed, and 
ordered the same be sent to the Council for concurrence. 

Sent the same to the Council for concurrence by Mr Pugh and Mr 
Dawson. 

On motion Resolved, the following Message be sent to the Coun- 
cil Viz', 



412 COLONIAL RECORDS. 



Gentlemen of His Majesty's Honble Coixcil, 

In answer to your Message of yesterday, wherein you propose 
several amendments to tlie Bill to amend an Act, concerning Mar- 
riages; We inform your Honors, that it was the sense of this House, 
on reading the Bill, the following words, or any of the dissenting 
Clergy, as deled in your House should remain so, and this House for 
the clearer and better understanding of the Bill, agree that the 
words, by license, be inserted between the words proposed to be deled 
in the first |iroviso: which will read then as follow's, or bj^ License, 
in sucli manner as directed by this Act; and with these alterations, 
hope your Honors will pass the Bill, as we cannot agree to any 
other altei'ation or amendment, and, if your Honors will jjass the 
Bill with this Alteration, the two Members by wliom this is sent, 
will see the alterations made. 

.JOHN HARVEY Sp. 

Sent by Mr Fanning and Mr Robert Howe. 

Ordered the following Message be sent to tlie Council ^"iz'. 

Gextlemex of His Ma.ii- sty's Honble Council, 

The Committee appointed by this House, in Conjunction with a 
Committee of yours to draw up an address to his Majesty, have 
reported, that the same is prepared ; which on being read, is approved 
of b}^ this House, and herewith send it to you for j^our Honors' Con- 
currence: that it may appear to be received as the joint address of 
both Houses. 

JOHN HARVEY Sp. 

Tlie order of the Day being read, the House took into considera- 
tion the several papers sent by his Excellency the Governor, relating 
to the Line to be run between this and the back Lands, claimed by 
the Cherokee Indians; and also a sum necessary to be given, to 
enable the Post Master General, to carry on a post from Suffolk in 
Virginia, to the boundary House between this Province and South 
Carolina. 

Resolved, that His Excellency the Governor be impowered to 
appoint three Persons commissioners to run the dividing Line 
between the Cherokee Indians, and the Western Frontier of this 
Province That His Excellency be also impowered, to draw on the 
Treasurers of this Province for a sum not exceeding one hundred 



COLONIAL RECORDS. 413 



pounds proclamation money; by them to be paid out of the (Con- 
tingent Fund ; and pay the same to the commissioners by them to 
be appointed aforesaid, to enable them to run the said Line; and 
that the said Commissioners lay an Account of their disbursements 
before this House, at the next Session, for Consideration, 

Resolved, that after the Post Master General shall have Estab- 
lished a post, agreeable to the Rout following ; that is to say 

From Suffolk in Virginia, to the Boundary House of North and 
South Carolina 

On tlie Sea Coast, Miles 

From Suffolk to Cotton's Ferry on Chowan River 35 

To Appletree Ferry on the Roanoke 30 

To Salter's on Tar or Pamplico 35 

To Kemp's Ferry on Xeuse River 28 

To New Bern 10 

To Trent Bridge : 13 

To Warburton's 13 

To Sneads, on New Ri ver Ferry 26 

To Sage's 13 

To Collier's 14 

To Wilmington 15 

To Brunswick 15 

Brunswick Ferry 2 

To Bells ^ 20 

To the Boundary House 23 

Total 292 Miles. 

His Excellency be impowered to draw on the said Treasurers for a 
sum, not exceeding one Iiundred and tliirty pounds six shillings 
and eight pence proclamation money, out of the contingent fund, to 
enable the Post Ma.ster General, to carry on agreeable to the Rout 
above mentioned. 

Resolved, that His Excellency be impowered to draw on the 
Treasurers of this Province, and by them to be paid, out of the Con- 
tingent fund a sum not exceeding one hundred and seventy five 
pounds proclamation money to be paid to the commissioners to be 
appointed by his Excellency, to run the Line between the Western 
Frontier of this Province and the Cherokee Lidians in behalf of this 
Province. 



414 COLONIAL RECORDS. 



Resolved that his Excellency's Message, relative to an allowance 
to Mr Wyley, for surveying the Catawba Lands &c' lie over till the 
next Session of Assemblj' for consideration. 

Rec* from the Council the following Bills, Viz'. 

The Bill to amend an Act, Intitled an Act, concerning Marriages, 

The Bill to amend an Act, Intitled an Act, for rendering more 
effectual the Laws making Lands and other real estates &c* 
Endorsed, November 28"" 1766, In the upper House read the third 
time, and passed with amendments, 

Ordered to be engrossed. 

Then the House adjourned till 9 "Clock tomorrow morning. 

Saturday November 29"" 17G() 
The House met according to adjournment 

Resolved, that the following Address be presented to his Excel- 
lency the Governor AMz'. 

To His Excellency William Tryon, Esquire, his Majestys Cap- 
tain, General, Governor and Commander in Chief, in and 
over his Majestys Province of North Carolina. 
The Humble Address of the Council and Assembly 

of the said Province, 
Sir, 

We the Members of the Council and Assembly of this Province 
have prepared a joint Address, to our most gracious Sovereign, on the 
Subject of the many and signal Instances of his Royal favour, which 
he has recently conferred on his faithful Subjects in America 

Emboldened by the kind assurances and encouragement you was 
pleased to give in your answer to the Assembly's Address, at the 
opening of this present Session, we beg leave to recommend such our 
address to your Excellency; trusting, that through your good Offices, 
the sentiments and wishes of his Majesty's faithful Subjects of this 
Province will be safely and speedily laid before the royal presence, 

JOHN RUTHERFORD, P. 
JOHN HARVEY, Sp. 

On motion, Resolved, that the following Message be sent to his 
Excellency the Governor Viz' 



COLONIAL RECORDS. 415 



To His Excellency William Tkyun E!s<ii'iKE Captaix General 
Governor an*d Commander in Chief, in and ovkk his Maj- 
esty's Province of North Carolina, 
Sin. 

Tliis House having taken luuler consideration your Excellency's- 
Message of the "iO"' Instant ; as also the several Letters and Indian 
Talks, that accompanied it, from all which, this House readily dis- 
cover the expediency and apparent necessity of having a dividing 
line run, between the Western settlements of this Province, and the 
Cherokee Hunting Grounds, 

The many and great advantages that the Public may probably 
reap, from making the Indians the small gratuity of one hundred 
and seventy five pounds proclamation money, are so obvious, that 
this House is easily induced to give your Excellency a Grant of 
that sum, 

This House being perfect strangers to the difficulty and expence 
that will attend the running of the dividing line, find ourselves 
entirely at a loss to fix upon a sum that should be found adequate 
to such an understanding; (thus circumstanced as we are) have, as 
the only apparent expedient that can be adopted, given your 
Excellency a vote of Credit for a sum not exceeding one hundred 
pounds proclamation money, towards defraying the expences of such 
Commissioners as your Excellency shall appoint, not exceeding 
three; who shall be su Inject to your Excellency's Instructions in 
running the aforesaid dividing line; and shall return to this House 
and lay before them an account of their necessary charges and dis- 
bursements, to be allowed as a claim on the Public. 

The Rout proposed by your Excellency for the post, wlien under- 
taken \fy the Post Master General, is highly approved of by this 
House; and for encouraging so beneficial an undertaking, have 
Resolved, that your Excellency's draught on the Treasurers of either 
District, shall be honored as far as one hundred and thirty three 
pounds six shillings and eiglit pence proclamation money, for that 
Service. JOHN HARVEY, Sp. 

Sent by Mr Person and Mr Dawson. 

On motion, Resolved, that the following Message be sent to His 
Excellency the Governor, Viz' 



416 COLONIAL RECORDS. 



To His Excellency William Tryon, Esquire, Captain General, 
Governor, and Commander in Chief, in and over his Majesty's 
Province of North Carolina, 
Sir, 

Your Excellency's Message of the 27"" current, in relation to Mr 
Wyley's Claim for running out tlie Catawba's Lands, has been taken 
under consideration ; and we shall readily and chearfullj' coinplv with 
what is required by the Earl of Halifax's Letter, and the Letter 
from the Lords Commissioners for Trade and Plaiitations to your 
Excellency, as soon as tliis House can form a just estimate of what 
he merits; but hope your Excellency will approve postponing the 
allowing of any certain claim till this House can inform themselves 
of the Nature and Wortli of his Service. 

JOHN HARVEY Sp. 

Sent by Mr Person and Mr Dawson. 

Mr Cray moved for leave to absent liimself from the service of 
the House. 

Ordered he have leave accordingly 

Then the House Adjourned till 4 "Clock in the afternoon, 

P. M. The House met according to adjounnuent. 
Resolved, the following Message be sent to His Excellency the 
Governor, Viz' 

To His Excellency William Tryon, Esquire, Captain General, 
Governor, and Commander in Chief, in .vnd over His Maj- 
esty's Province of North Carolina, 
Sir, 

Your Excellency's Message of the 17'" current in favour of the 
unhappy sufferers at Montreal, has long remained unanswered; This 
House being reluctant to refuse, and unable to comply with [what] 
your Excellencj' most humanely and compassionately recommends, 
Such a rare and uncommon instance of heavy distress has not 
failed to rouse and excite our warmest commiseration and pity, and 
were we at liberty to follow the strong impulses of our inclination, 
we should contribute largely and handsomely to their assistance 
and relief, but sorry we are to say it Sir, yet it is a truth, a melan- 
choly truth, that it appears by this days report of the Committee of 
Accounts, that such is the low state of our public funds ; and such 



COLONIAL RECORDS. 417 



we know is the extreme poverty of this Province, and tlie great 
scarcity both of specie and currency circulating among us that, 
whatever may be the private sentiments of the feelings of our own 
hearts as Individuals, yet in our own public capacity as Representa- 
tives of the people we are obliged to close the hand of Charity, and 
withhold that assistance and relief, which we could wish to be able 
to afford. As this excuse, may it please your Excellency, for 
withholding our Charitable donations, is but too just and too true, 
we would fain hope that we shall excape the odious imputation of 
an obdurate insensibility for unfortunate distressed poverty 

JOHN HARVEY Sp. 

Rec* from the Council the following Message Viz' 

Mr Speaker and Gentlhmen of the Assembly, 

We observe that you have allowed James Davis, for printing the 
Laws and Journals of 1764, and last Session one hundred and 
ninety pounds, which allowance we cannot think just; as a printer 
was, by Commission under the late Governor appointed, whose office 
it was to print the Laws; and having performed that Service; is 
intitled to the proper salary : and we shall, under no circumstances, 
agree that any allowance shall be made to the said Davis, or any 
other, under any particular resolve of your House; and therefore 
propose, that the said claim be disallowed, and a resolve pass the 
Houses that Andrew Stewart, His Majesty's Printer be allowed the 
sum of one hundred pounds; and James Davis the sum of one 
hundred and ninety pounds to be paid by the Public Treasurers, 
We propose this, in order to avoid entering more particularly into 
these matters at present and hope you will concur with us. We 
would further propose to you, to allow the Clerk of the Committee 
of Claims thirty pounds instead of twenty; as we conceive it an 
allowance more adequate to the service and the dignity of both 
Houses. 

Then the House adjourned 'till 10 "Clock Monday Morning 

Monday December 1" 1766. 
The House met according to Adjournment 
Resolved, the following Message be sent to the Council, Vizt. 

VOL. VII — 27 



418 COLONIAL RECORDS. 



Gektlemkn of his Majesty's Honble Council, 

In answer to your Honors Message of Saturday last, to prevent 
the force and authority of precedent to Futuritj', to avoid which, we 
apprehend is the most weight}' objection, with your House to Mr 
James Davis' allowance, we agree that the sum of one hundred and 
ninety pounds, allowed Mr Davis should appear; not as acting under 
the sole Resolve of this House, but a claim of Services done the pub- 
lic; and should Mr Andrew Stewart lay in his claim, for services 
rendered the public as a printer, we doubt not, but it would be 
thought consistent with the duty of this House, to observe the same 
rules of distributive Justice in the consideration of Mr Stewarts 
claim, as that of any other person ; but as the commission he acted 
under, is unknown to the Laws and Constitution of our Countrj', and 
consequently his salary (if anything Avhich we deny) uncertain; We 
cannot conceive how we can be made acquainted with the measure 
of his service, or the worth of his labour by any other method than 
by a claim on the public, legally exhibited We cannot agree to 
augment the allowance made the Clerk of the Committee of Claims ; as 
we flatter ourselves he thinks the compensation made him by this • 
House adequate to his service, As it would at all times, yet more 
esi^ecially at this juncture, give us pain to offer any thing that 
should be cause of discontent to j'our Honors, so, on the contrary, 
would it afford us the highest pleasure, should this answer to your 
Message be thought satisfactory, and thereby happily terminate the 
business of this Session. To which, if you agree, the Members of 
this House who carry this, will see the proposed alteration. 

JOHN HARVEY Sp. 

Sent by Col° Caswell & Mr Jacob Blount. 

Mr Caswell and Mr Blount who waited on the Council with the 
above Message, and being returned, acquainted the House, that the 
Council could not agree to the said Message. 

Rec* from the Council the reports of the Committee of Accounts, 
Endorsed December 1" 1766, Concurred with, 

Aad the report of the Committee' of Claims, Endorsed, December 
1"' 1766, In the upper House, Concurred with, except the claim of 
James Davis for £190, which they rejected. 

Resolved the following Message be sent to His Excellency the 
Governor Viz'. 



COLONIAL RECORDS. 419 



To His Excellency William Tryon Esquire, Captain General, 
Governor and Commander in C'hief, in and over his Majesty's 
Province of North Carolina, 
Sir, 

This House have Resolved that James Davis Printer be allowed the 
sum of one hundred and ninety pounds proc. money, for Printing the 
Journals, and the several Laws passed at Wilmington in the year 1704, 
and last Session at New Bern in ITUo ; and also the sum of ten pounds 
to William Godfrey who carried the said Laws from AVilmington to 
New Bern and delivered them to tiie said Davis, and desire your 
Honors concurrence therewith, 

JOHN HARVEY Sp. 

Sent the same by Mr Howe and Mr Harnett 

Sent the Estimate and Allowance of this House to the Council. 

Then the House adjourned 'till 4 "Clock in the afternoon. 

P. ]\I. The House met according to adjournment. 
Rec'' from the Council the Estimate of that House for Concurrence, 
Resolved, the said estimate be concurred with, except the allow- 
ance of one hundred pounds to John Burgwin Clerk for his extra 
services ; to which the House cannot agree ; as we think that sum 
much too large for the service. 

JOHN HARA'EY Sp. 

Mr Ashe and Mr Persoji waited on His Excellency the Governor, 
and acquainted him the House desire to know when they shall wait 
on him with the Engrossed Bills, for his assent, being returned, 
acquainted the House that His Excellency would receive them 
immediately. 

Mr Burgwin brought a verbal Message from his Excellency the 
Governor requiring the immediate attendance thereof, in the Coun- 
cil Chamber with the Eugro_ssed Bills. 

Mr Speaker with the House, waited 'on his Excellency in the 
Council Chamber with the following Bills, to wit. 

The Bill for appointing a Public Treasurer in the room of John 
Starkey Esquire, 

The Bill, for relief of such persons who have not registered their 
Deeds Ac* 

The Bill for further continuing an Act for the restraint of 
Vagrants. 



420 COLONIAL RECORDS. 



The Bill for continuing an Act to suppress excessive and deceitful 
gaming. 

The Bill for erecting and building a Court House, prison and 
stocks in Bath Town. 

The Bill for confirming a Lease made by the Tuscarora Indians, 
to Robert Jones and others. 

The Bill for appointing the method of distributing Intestates 
Estates, 

The Bill for erecting a Court House and Prison, for the District 
of Edenton. 

The Bill for joining the Navigation of Old Topsail Inlet, to Neuse 
River by cutting a navigable Canal, from the head of Harlows 
Creek to Clubfoot Creek. 

The Bill to encourage Benjamin Heron Esquire to build a bridge 
over the North East Branch of Cape Fear River, at or near the 
place where the Ferry is now kept by Edward Davis. 

The Bill to prevent hunting for and killing deer in the manner 
therein mentioned. 

The Bill for facilitating the navigation of Port Bath, Port Roan- 
oke, and Port Beaufort. 

The Bill for erecting a convenient building within the Town of 
New Bern for the residence of the Governor or Commander in Chief 
for the time being 

The Bill to amend and continue an Act, Intitled an Act, for 
appointing a Militia 

The Bill for allowing tiiiie for the pi4>'ment of the duties on 
Wines and other spiritous liquors. 

The Bill for ascertaining the Boundary Line between tlie Counties 
of New Hanover and Duplin &c°. 

The Bill to amend an Act, Intitled an Act, for establishing the 
Titles of the Freeholders in Edenton, for laying a tax begun in the 
said Town, and the further Improvement and 'better regulation 
thereof 

The Bill to establish a school House in the Town of New Bern, 

The Bill to amend an Act, Intitled an Act concerning Marriages, 

The Bill to amend an Act, Intitled an Act, for rendering more 
effectual the Laws making Lands and other real Estates liable to 
the payment of Debts, 

The Bill for appointing a Printer to this Province, 



COLONIAL RECORDS. 421 



The Bill to amend an Act, Intitled an Act, to prevent the expor- 
tation of unmerchantable commodities. 

The Bill to prevent the Inhabitants of South Carolina driving 
their stocks of cattle from thence to range and feed in thi.s Prov- 
hice, and other purposes. 

The Bill to lay a tax on Pedlars and other Itinerant Traders com- 
ing into this Province, 

The BiU to impowor the Church Wardens and "N^estrymen of 
Saint .John's Parish in the County of Bute, to appropriate the sur- 
plussage money levied for erecting the public Building in said 
County, to the use of said Parish of Saint .John. 

The Bill to prevent the unreasonable destruction of Fish in Neuse 
River, Tar River, Fishing Creek, Rocky River, &c'. 

The Bill to amend an Act, Intitled an Act, for regulating the 
pilotage of Cape Fear River and other purposes. 

The Bill for reviving and re-enactiiig the several Acts of Assem- 
bly, relating to the Inspection of Tobacco. 

The Bill for a further allowance of commissions to Sheriffs and 
Collectors of Taxes, and other purposes. 

The Bill to amend an Act Intitled an Act, for establishing a Town 
on the Land formerly Granted to William Churton Gentleman, 
lying on the North side of the Enoe River in the County of Orange. 

To which His Excellency was jileased to Assent, Except the Bill 
for allowing time for the payment of the duty oh Wines and 
Spiritous Liciuors, and then made the following Speech, Viz' 

Honorable Gentlemen, Mr Speaker, and Gentlemen of the 

House of Assembly. 

I cannot close this Session without requesting 3'our acceptance of 
my very sincere and hearty thanks, for the provisions you have 
made for the hap^^jy establishing of this Government, both by the 
Public and private Acts now passed 

The generous and Honorable attention j'ou have paid to the 
several matters I have laid before you, Claim equal returns of my 
acknowledgments; As I am sensible you have gone as far as the 
weak state of your Public Funds will admit. 

I assure you Gentlemen the great Trusts you have reposed in me, 
strengthens my affectionate regard for the prosperity of this Province, 
and I shall endeavour to testify the gratitude I feel for such con- 



422 COLONIAL RECORDS. 



fidence, by a faithful and diligent discharge of the several Services 
you have committed to my care. 

My warmest wishes have been constantly engaged in the Service 
of my roj'al Master, and the real Interest of this Colony ; and I am 
happy in the experience this Session has given me, to find, a due 
dependency on the Crown, and the just Liberties of the subject 
may be preserved on so equal a Ballance, as to give strength and 
power to the Throne, and secure happiness and true liberty to the 
people. 

Then the House returned, and Mr Speaker reported the House had 
waited on his Excellency the Governor with the above mentioned 
Bills, and that His Excellency had assented to them all (Except the 
Bill for allowing time for the payments of all the duties on Wine 
and other spiritous Liquors). 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday December 2°" 1766 

The House met according to adjournment. 

The Sergeant at Arms, to whom Mr Speakers warrant was directed, 
to bring Capt Jeremiah Morgan Commander of his Majesty's Sloop 
Hornctf, returned the same in these Words, to- wit : 

In obedience to the within Warrant, to me directed, I have made 
diligent search for the within named Captain Morgan, who is not to 
be found by — 

RICHARD BLAGKLEDGE, Sergeant at Arms. 

Resolved, that James Davis, Printer, be paid the sum of one hun- 
dred and ninety pounds, by the Treasurers, out of the Contingent 
Tax for services heretofore done by him, for the Public. 

Resolved the above Resolve be sent to the Council for concur- 
rence, as follows 

In the Assembly. 

Resolved that James Davis, Printer, be paid the sum of one hun- 
dred and ninety pounds, by the Treasurers, out of the contingent 
Fund, for Services heretofore done by him, for the Public; and 
desire your Honors Concurrence. 

JOHN HARVEY, Sp. 

Sent by Mr Person and Col Cogdell, 



COLONIAL RECORDS. 423 



Rec'' from the Council the above Resolve, Endorsed December 
2"' 1766, Concurred with. JOHN RUTHERFORD R 

Rec'' from the Council tlie following Message, Viz'. 

Mr Speaker and Gentlemen of the Assembly, 

It is with great surprise, we observe your House have refused to 
concur with this House in the allowance to our Clerk of his extra 
services this Session, which you think too large , AVe think each 
House are best Judges of the allowances to their officers; and as 
this House did not allow more than at a former Session of shorter 
continuance than this, and in which the services were not so great, 
we are at a loss to know for what reasons your disallowance is 
founded; However, to prevent any disputes, and to conclude this 
Session amicably, we propose the allowance to our Clerk, for his 
Extra Services, be reduced to seventy pounds, to which, if you agree, 
please to make a Resolve accordingly. 

Resolved the following JNIessage be sent to the Council, Viz'. 

Gentlemen of His Majesty's Honble Council, 

In answer to your Message of this Day, relative to our non con- 
currence with Mr Burgwin's allowance for his Extra Services; We 
must inform you, this House cannot agree to allow him the sum 
proposed by your said Message ; But will agree he be allowed fifty 
pounds, being the sum allowed the Clerk of this House for his Extra 
Services during this Session. If that sum to Mr Burgwin meet 
your approbation, please to signify the same to us, and this house 
will Resolve accordingly. 

JOHN HARVEY Sp. 

Sent by Mr Cogdell and Mr Harris. 

Then the House adjourned till 10 "Clock tomorrow morning 

Then His Excellency was pleased, hy Proclamation to Prorogue 
this Assembly — 



424 COLONIAL RECORDS. 



1767. 

[N. C. Letter Book S. P. G.] 

Mr Morton to the Secretary' 

Northampton County January 9"" 1767 
Reverend Sir 

My last informed j'ou of my going to Northampton County on the 
Nortliern Frontier of this province in pursuance of the Governors 
Direction In this County I have officiated ever since and visited as 
often as I was able the neighboring Counties and it has pleased 
providence to Bless my poor endeavours with remarkable success. 

I liave had a very severe seasoning in so much that I was given 
over b}"^ my Physicians and my life despaired of, but it has pleased 
God to raise and restore me to a tolerable state of health again. 

The sickliness of the Climate and my bad habit of body had almost 
determined me to leave the Province but that amiable and good 
Man Governor Tryon who maj^ be justly called the Nursing Father 
of the Church in this province gave me every encouragement in his 
power to stay And the good people in order the more effectually to 
settle me among them have petitioned his Excellenc^y'to induct me 
into St. George's Parish, in Northampton County upon which his 
Excellency has been pleased to induct me into said Parish and has 
given me encouragement that my mission will be laid there for 
reasons of utility to the Church tvdrich his Excellency himself will 
acquaint the Honorable Society with — 

Having his Excellency's Countenance I have taken the liberty to 
draw on the society's Treasurer in favor of James Young Esqr for 
half a years Salary due the 25"" day of December last and hope that 
it will be honored with the usual acceptance 

I have baptized within the space of five months last 121 White 
Children and 38 Black Children and also 3 White and S Black 
Adults after proper Instruction in all 170 — And I administered the 
sacrament of the Lord's Supper on Christmas day to 20 Communi- 
cants and have tlie pleasing prosjiect of a much greater number at 
Easter. 

Be pleased to lay this with my most (hitiful Respects before the 
Honorable Society and give me leave to assure you tliat I am with 
all deference. Yours A:c 



COLONIAL RECORDS. 425 



[Feom Tryon's Letter Book.] 

Letter from Governor Tryon to Earl of Shelburne, 

Brunswick the 12* January 1767 

I am to acquaint your Lordship, the deatn of Mr Robert .Jones 
late Attorney General of this province who died the 2'* of October 
was notified to me the lo"" of the same month, I immediately disposed 
of that commission during pleasure to Mr Marmaduke Jones a gentle- 
man of the first credit and capacity in his profession in this country. 
.He acted I am told with distinguished abilities as one of the Justices 
in the General Court Law, which was repealed in the year 17G0, 
because the .Justices were appointed during good behaviour. As I 
know of no gentleman in {his province of better capacity and more 
diligent than himself or stands so free from any private connection 
in this country, I beg leave to recommend him to that office. Mr 
Jones has been resident in this province many years ; is about 43 
years of age, was educated in England and is cousin to Sir Marma- 
duke Wyvell. 

I take the liberty to inclose a letter I have received from Mr Jones 
pointing out the real benefit and utility that would arise to the 
inhabitants of this province as well as the more effectual discharge 
of the Crown business in the several courts of law by his Majesty's 
creation of a Solicitor General in this colony: The facts he states I 
believe to be strictly true and the inconveniences are certainly very 
evideiat from the Governor's not having at all times within a reason- 
able distance of his residence, an officer of the Crown conversant in 
law matters, a circumstance he is at present deprived of near half 
the year, on account of the extensive circuits both the Chief Justice 
and the Attorney General are obliged to take ; should his Majesty 
in his wisdom think proper to create an officer of such rank and title, 
I will humbly submit the expediency of his Majesty's granting him 
a salary on the quit rents equal to that of the Attorney Generals, 
and of obtaining an Act of the Legislature here for allowing him to 
take the same fees in the Courts he is concerned in for the Crown as 
the Attorney General is entitled to, in like cases by Act of Assembly 
passed in April 1748. The several Laws passed last session of Assem- 
bly (prorogued the 7"' of last montli), I expect will be delivered to 



426 COLONIAL RECORDS. 



me in a few days with tlie Journals of the Council and Assembly, 
all which shall be transmitted to you by the first opportunity. 

I am &c. 



Mr Jones's letter referred to follows. 

Newberx the 7"" January 1767 

SiK,' 

Tho' I have hitherto attended the several Superior Courts which 
have been held since I had the honor of your Excellency's apjjoint- 
ment of Attorney General, and I shall endeavor not to omit any part 
of the whole circuit, yet from the almost total impracticability of inces- 
sant traveling I take the liberty of submitting to your Excellency's 
consideration, the expediency of recommending to his Majesty, the 
establishment of a Solicitor General for this province 

This office tho' well known in England and tlw West India Islands 
and extended I believe to all the new governments, has not yet been 
erected in this colony, but the utility, or perhaps necessity of such 
an appointment, is no where more apparent than in an extensive 
country divided into five districts with a Superior Court in each. 

The Circuit directed by act of Assembly your Excellency knows 
to be, as follows 

Miles. 

From ('ai)e Fear to Halifax 170 held the 1" March & September 

Halifax to Salisbury 200 22 March & September 

Salisbury to Wilmington- 260 15 April & October 

Wilmington to Newbern _ 90 2 May & November 

Newbern to Edenton 90 20 May & November 

Edenton back to Cape Fear 180 in .June and December 

990 
As tlie Attorney General prepares all indictments and carries on 
all prosecutions, he is to undertake this circuit twice a year, but the 
inevitable fatigue of such journeys rendering his attendance very 
uncertain, the late Act of Assembly has authorized his appointing a 
deputy for those Courts, at which he happens not to be present him- 
self. The most distant courts will therefore generally be those which 
an Attorney General may think himself priviledged to decline, and 
as it is not to be expected that any but the younger practisers will 
act as his deputies, it may be feared that in those courts, criminals 



COLONIAL RECORDS. 427 



may often evade the justice of the law, ami imbolden'd by impunity 
spread the contagion of vice. 

The danger may perhaps be avoided by the appointment of a 
Solicitor C4eneral; the circuit would be divided between the Attor- 
ney and him, the Crown business be always the immediate attention 
of one of them, and the other alternately wait your Excellency's 
commands. 

To the office of Solicitor General no country fees are annexed 
under the present laws, but as the dut}' will be equal to the Attor- 
ney's I submit to your Excellency the mention of a proper allowance. 

The Attorney General at the time of the establishment of his £80 
Sterl^ salarj' had only Wilmington, Newbern and Edenton courts to 
attend, and the erection of the two back county courts, has suffi- 
ciently increased the circuit, to give ecjual employment to the 
Solicitor General and still leave the Attorney his original duty. 

That I have not made these observations without interested views 
is a discovery easily made, nor will I deny, that distinguished by 
your Excellencys appointment, animated by your favorable recom- 
mendation, and convinced that the service of the Crown can never 
have so many attractions, as under your Excellencies administration 
I please myself with the prospect of enjoying a station in which I 
may testify my fixed loyalty to his Majesty and the grateful! sense 
of the honor of subscribing mj^self with the utmost respect, 
Sir, Your Excellency's most obliged and 

most obedient humble servant 
MARMADUKE JONES. 
To His Excellency, 
William Tryon Esq. 



[From MS. Records in Office of the Secretary of State.] 

COUNCIL .JOURNALS. 

At a Council held at Wilmington the 23'* day of January 1767 

Present 

His Excellency the Governor, 

( John Rutherford 



The Hon*"'' < Lewis II. DeRosset ^ Esquires 
( Benjamin Heron 

The Honble Martin Howard Esq produced to the Board His 



428 COLONIAL RECORDS. 



Majestys Mandamus api^ointing him Chief Justice of this Province, 
dated the 29"" July 1766 and at the same time qualified by taking 
the Oaths appoiut^ed by Law and subscribing the Test. 

Ordered by His Excellency the Governor the following Proclama- 
tion be Recorded, (to wit) 

By His Excellency \\'illiam Tryon Esquire Captain General Gov- 
ernor and Commander in Chief in and over the said Province, 
A Proclamation. 

Whereas a Petition liath been presented to me from the Inhabi- 
tants of Brunswick, New Hanover and Onslow Counties, Praying a 
Prohibition of the Exportation of Indian Corn from Cape Fear 
River or any port in Onslow County as that Grain is become a 
scarce commodity. 

I therefore think fit by and with the consent of his Majestys Coun- 
cil to prohibit the exportation of Indian Corn or peas from the river 
of Cape Fear or any other port or ])orts in Onslow County from this 
12"" day of February until the twentieth day of Aj^ril next, and I 
do strictly forbid all Planters, Merchants and Masters of Vessells 
from loading or receiving on Board any Indian Corn for exportation 
from the said River or Ports during the time aforesaid as they shall 
answer the same at their peril. 

Given under my hand and the Great Seal of the said Province at 
Brunswick the Twelfth day of February Anno Domini 1767 and in 
the seventh year of his Majestys Reign. 

Signed, WILLIAM TRYON. 

By his Excellencys Command, 

Ben.iamin Heron Secty. 



[B. P. R. O. North Carolina. B. T. Vol. 15.] 

Letter from Captain Dobbs to Governor Tryon 

Aberdeen Jan'' 26"" 1767 
I lately received your favour acquainting me of His Majesty's 
Royal instructions to his Governors in America. 

As I have no intention of returning to N° Carolina, I very will- 
ingly resign my Seat in Council there. I am Sir &c 

EDW" BRICE DOBBS. . 



COLONIAL RECORDS. 429 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to the Board of Trade 

Brunswick the 30"" January 1767 

I had the honor to receive his Majesty's commands communicated 
to me in your Lordships letter o^ the 1" of August 1766 delivered 
by Mr Chief Justice Howard the 23* inst directing me to prepare 
and as soon as possible transmit to your Lordships in order to be 
laid before the House of Commons in the next Session a particular 
and exact account of the several manufactures which have been set 
up and carried on within this colony since the year 1734 and of the 
public encouragements that have been given thereto 

As I may not exactly distinguish the manufactures of this province, 
I shall first state them in the common acceptation of them, and- 
afterwards insert the rough materials and produce of the country 
most of which undergo some degree of manual labor. 

There are dispersed over this colony more particularly in the 
northern and western settlements some spinning wheels and looms 
for the manufacture of cotton, wool and flax, but no greater quanti- 
ties of stuffs or coarse cloths are made than will supply the respective 
families in which they are worked ; very few indeed make sufficient 
for their own wear. I have not heard of a piece of woolen or linnen 
cloth being ever sold that was the manufacture of this province. It 
is the usage of some families who from poverty or other circumstances 
have no looms, to send their woolen and linnen yarn to their neigh- 
bours to weave. Sheep are not yet become a staple of this country 
tho' thej' thrive well here ; the wool therefore being very inconsid- 
erable in quantity, is generally mixed with cotton in the manufac- 
ture. Cotton grows and flourishes extremely well with us, yet I am 
told it is not of so long a staple as that of the West Indies. The 
ship building is not considerable, the largest built vessel not exceed- 
ing two hundred tons burden. There are five or six tanners and as 
many hatters in the province tho' none of them of any note. Mechan- 
icks for the building of houses and making the implements of hus- 
bandry are in common with other colonies, tho' in a lesser degree 
of perfection ; the materials for these purposes excepting timber lime 
and brick are imported from Great Britain or the northern colonies : 
Within these few vears we have fallen into an immediate trade to 



430 COLONIAL RECORDS. 



the mother country aud I have the pleasure to experience that this 
province flourishes in proportion to the increase of so natural a direc- 
tion of its commerce. The saw mills of this country are worth notice, 
there are indeed few to the northward of this port, but on this river 
of Cape Fear and on its branches and creeks there are fifty erected 
and more constructing ; chiefly with two saws. Upon a medium 
each mill is supposed to saw annually one hundred and fifty thou- 
sand feet of Board and scantling. " Ton timber is hewed or scjuared 
where the timber is fallen; what is not consumed of these articles in 
the province is exported to the West Indies. These mills are con- 
structed to saw plank of 25 to 30 feet in length. The following my 
Lord are the rough materials and produce of the colony exi)orted, 
Viz'. 

■ Tar, Pitch, Turpentine, Spirits of Turpentine, Rosin, Lumber, 
Shingles, Staves, Deerskins, Raw Hides, Leather, Beef, Pork, Tallow, 
Corn, Flour, Pease, Rice, Bees Wax, Myrtle Wax, Tobacco, Indigo, 
Hemp, Hempseed, Flax, Flaxseed. 

No encouragement has been given by the legislature of this prov- 
ince to any manufacture since the year 1734, nor is any public sanc- 
tion given to those I have mentioned ; a bounty is indeed given for 
the exportation of hemp and flax by act of Assembly passed at Wil- 
mington in 1764 entitled, " An Act for the encouraging the culture 
of hemp and flax and other purposes," but this may be considered 
as an encouragement to raise a material for the manufacture of 
Great Britain I am etc" 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Earl of Shelburne 

Bkunswic'k 31" January 1767 

I have tlie honor to transmit to your Lordship twenty nine Acts 
passed the last session of Assembly: I shall make mention of such 
of them only as I think require further explanation than what is 
contained either in the preamble or body of the Acts. 

The Treasurers Act which appeared to threaten some disagree- 
ment in the legislature was settled after some difficulties arising 
between the Council and the Assembly in the mode of the nomina- 
tion of the Treasurer; This circumstance is stated in the .Journals 



COLONIAL RECORDS. 431 



of the Council and the Assembly particularly in the address of the 
Assembly. The latter insisted that the nomination of a Treasurer 
should take its rise in their house, tho' they do not dispute the Coun- 
cil to have a negative on that nomination as well as the Governor. 
The Council urge they have an equal right of nomination with the 
Assembly ; this the Assembly have not concurred with ; therefore to 
avoid future contentions in the appointment of the Treasurers I 
greatly M'ish to be honored on this material point with his Majesty's 
commands. 

The Act for confirming the Lease made by the Tuscarora Lidians 
to Robert Jones &c, &c appeared to be a necessary step to reimburse 
the money that was advanced to transport one hundred and fifty 
five Indians from the Tuscarora tribe settled on the eastern banks of 
Roanoke river to the Six Nations on Susquehanna river. 

The removal of these Indians was effected at the particular request 
of Sir William -Johnson and with the approbation of Mr Stuart, 
Superintendant of Indian Affairs. This lease is advantageous to 
the proprietor of the soil. Earl Granville, as it lets him into the 
immediate receipt of the Quit Rents which he had no claim to 
while the Indians lived on that land. The .sum advanced for the 
removal of these Indians and the contingencies amounted to near 
two thousand pounds proclamation money. The remnant of this 
tribe are one hundred and four, men, women and children and 
occupy about half the tract of land allotted them by Act of Assem- 
bly passed in 1748, a large proportion for their numbers. 

The Act for erecting an Edifice for the Governor and his succes- 
sors was carried by a great majority in the Assemblj'. The five 
thousand pounds voted for the house and offices will be short of the^ 
expence of erecting them. The public having entrusted this build- 
ing to my care and management, I have emjiloyed Mr Hawks, who 
came with me out of England to superintend this work in all its 
branches. He was in the service of Mr Leadbeater. Mr Hawks has 
contracted to finish the whole in three j'ears from the laying the 
first brick which I guess will be in May next. He goes soon to 
Philadelphia to hire able workmen, as this province affords none 
capable of such an undertaking. I shall send as soon as possible 
the plan and elevation of this house and offices for his Majesty's 
approbation. Contracts for essential materials are also made which 
makes me hope no unnecessary delaj' will be occasioned from a 
deficiency of workmen or materials. 



432 COLONIAL RECORDS. 



An Act entitled " an Act appointing the method of distributing 
Intestates estates," passed in 1762 having been repealed by order of 
his Majesty in Council was this last session re-enacted free I hope 
from former objections. 

The Act for establishing a School House at Newbern I must beg 
leave to observe is the first established in this province by Legis- 
lative authority: The master of the school must be of the established 
church of England and obliged to obtain a licence from the Gov- 
ernor for his qualification. 

The Act to amend an Act entitled "An Act, for establishing a 
Town on the Land formerly granted to William Churton, Gent" " 
establishes the Town of Hillsborough in Orange county. This Act 
will tend much towards the increase of the settlement of that part 
of the back country, as well as to civilize the inhabitants thereof. 
Its situation is upon a rich red clay soil on the north bank of the 
river Eno (a branch of the Neuse river) which divides it from the 
Occanechy mountains, distant from the Virginia line twenty five 
miles. It lies almost centrical to the towns of Halifax and Salisbury 
being one hundred miles from each and is one hundred and sixty 
miles N. W. of Newbern and one hundred and ninety nearly north 
of Wilmington. Tho' there is at present scarce twenty families 
inhabitants I am of opinion it will be in the course of a few years 
the most considerable of any inland town in this province. 

The Act to amend an Act entitled " An Act concerning Marriages" 
has more objects in view than appears on the sight of it. The Mar- 
riage Act passed in 1741 to which it has relation entitles every Jus- 
tice of the Peace to marry by licence. In abuse o'f this privilege 
many Justices performed the marriage ceremony without licence 
first had and obtained and took the fee allowed to the Governor, 
most generally dividing the spoil between the Justice and the Clerk 
of the county who gave the bond and certificate. Another tendency 
of this Act was to prevent the frequent abuses by rascally fellows 
who travelled thro' the province under the title of ministers of the 
Presbyterian and other sectaries and who being beggars in concience 
as well as in circumstances sought all opportunities to perform that 
sacred office to the great prejudice of the country. It is also to be 
observed most of the justices in the back or western settlements are 
Presbyterians, who by the Act of 1741 had the power to marry by 
licence: Therefore upon the whole I do not conceive the allowing 
the Presbyterian ministers the jirivilege to marry in their usual and 



COLONIAL RECORDS. ' 433 



accustomed manner can be of any real prejudice to tlie established 
Church especially as the marriage fee is reserved to the ministers of 
the parish ; and the licence to be granted under the hand and seal 
of the Governor, this last provision prevents the former abuses in 
the application of the fee collected. The Act also provides a sum- 
mary and effectual method for the Governor to oblige the county 
court clerks to account for the fees due to him : a recovery tho' an 
equitable one, was never yet secured but in temporary laws. 

An Act to amend an Act entitled an Act. for rendering more 
efiectual the laws making lands and other real estates liable to the 
payment of debts was framed for the present relief of the distresses 
of the inhabitants occasioned in some measure for want of a larger 
medium of trade: I must desire leave to refer your Lordship to the 
petition of the inhabitants of Pasquotank county mentioned in the 
Journals of the Assembly page 55 ; this will shew your Lordship the 
distresses of that county ; a distress similar tho' in a lesser degree 
to many other counties in tho province. Tlie currency of the coun- 
try is less than seventy thousand pounds proclamation money, 
whereas in the opinion of the merchants and traders, two hundred 
thousand pounds would be barely sufRcicnt for the circulating 
medium of this province under the present increasing state of its 
commerce. The taxes paid into the Treasurers hands by the Sher- 
iffs, partly thro' neglect and embezzlement of the Sheriffs and partly 
from deficiency of specie and paper currency does not amount to 
more than one third of the tax levied on the taxable persons. The 
Receiver General of the Quit Rents has assured me the inhabitants 
in his Majestys district of the province have not money to pay the 
Quit Rents. As the duration of the last mentioned Act is only for 
one year, I should be glad, before its expiration, to receive his 
Majesty's commands how far in his wisdom these distresses may be 
alleviated if not wholly removed. The above considerations my 
Lord are all that appear to me to be necessary to mention on the 
subject of the Acts inclosed. 

Your Lordehip will herewith receive a Bill that passed the Assem- 
bly and the Council, entitled " An Act for allowing time for the pay- 
ment of the duties on wines and spirituous liquors." 

The country duties laid upon wines and spirituous liquors impor- 
ted into the several ports of this province are six pence per gallon 
and one penny extraordinary duty on the imports into Neuse river 
for the 23urpose of the support of the school at Newborn. 
VOL. VII — 28 



434 COLONIAL RECORDS. 



The receipt of these duties are at present the only revenue the 
pubhc can depend upon [with] any degree of punctuality in point of 
payment; Whereas should the merchants be allowed three months 
credit on their giving bond and security it would open a door for 
many law suits, as most of the small traders and manj^ considerable 
merchants would possibly rather have their bonds put in suit, at the 
expiration of three months; than pay the duties; By the delays of 
the courts at law it might be two years before the public could get 
into possession this branch of its revenue; It would likewise have 
been the indirect means of shutting out the imi^ortation of some 
specie which is frequently brought in by order of the merchants to 
pay the country duties; an usage that would be rarely practiced if 
the merchants had three months or in fact two years credit; Besides 
as 4* of the six pence duty is appropriated to sink the paper cur- 
rency I thought it injurious to the public to retard the abolition of 
a currency at present so nicely counterfeited that few can distinguish 
the true from the false. Upon these principles my Lords I rejected 
the bill I am &c 



[From Trygn's Letter Book.] 

Letter from Governor Tryon to Earl of Shelburne 

Brunswick 2" February 1767. 
On my return from Newbern to Brunswick I found Mr Howard 
at Wilmington the 23* of last month : He delivered me his Majesty's 
warrant appointing him Chief Justice of this Province, in virtue of 
which I immediately issued a commission for that office under the 
seal of the province. The same day he qualified in Council by 
taking the oaths required. He sets out next week for his circuit. 

I have the honor &c' 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to Earl of Shelburne 

Brunswick the 2" of February 1767. 
I have the honor to transmit to your Lordship the Journals of the 
House of the last session of Assembly. The Address of the House to my 



COLONIAL RECORDS. 435 



speech was unmerited and undeserved at my hands, however as I 
was concious from the great indulgence shewn by his Majesty and 
the Parliament to the colonies, on a late occasion, a proper termina- 
tion of these disturbances would be most agreeable to his Majesty ; 
I own I framed my reply to that Address very different from my 
sensations on the receipt of it. The bias that this replj^ gave to the 
course of the business thro' the session inclines me to hope my con- 
duct on that crisis was not greatly culpable. The proceedings of 
the Journals are so explanatory that they leave me no observations 
unless it is on the conduct of Capt Morgan. He came from Cape 
Lookout up to Newbern, as it is supposed to receive satisfaction 
of Mr Maurice Moore a member of the Assembly with whom in a 
scufHe he had with him at Brunswick in the j^ear 1764, had his arm 
broke: soon after his arrival at Newbern he sent to Mr Moore to 
meet him under the Court House; an appointment Mr Moore refused 
with his reasons: A few days after this, without the least coun- 
tenance or protection given to Mr Moore by the Assembly on this 
occasion, Capt Morgan addressed almost the whole body of the 
Assembly as they were returning from the House in the manner 
specified in the Journals. Capt Morgan on hearing the members 
were highly displeased with his conduct went on board the cutter 
or tender he came up in, and fell down the river to his ship. This 
latter part of his conduct relieved me from a dilemma I might 
have been under, had he been taken into custody. He has taken a 
vessel that was bound to Edenton with foreign rum and sugar, 
which has been condemned by the court of Admiralty at Newbern. 
He has certainly been of service in preventing the commerce of 
_ smuggling but his conduct on tlie whole reflects no honor to his 
Majesty's service. 

The line that is to be run this spring between the Cherokee 
Hunting Grounds and the western settlements of this province, I 
have some intentions of attending myself if my health permits. 
Every other trust and duty committed to my direction, I shall 
execute to the utmost of my abilities. 

I am &c. 



436 COLONIAL RECORDS. 



[From Tryon's Letter Book.] 

Letter from Governor Tryon to The Honorable Commissioners for 

managing his Majesty's Stamp Duties. 

Brunswick the 3* February 17G7 

Mr Gray Cooper in his letter dated the 5* ]\Iay 1766 received the 
1" of November last acquainted me he was directed by the Lords 
Commissioners of his Majesty's Treasury to require me to send to 
the Commissioners for managing his Majesty's Stamp Duties in 
Great Britain such stampt paper as remained in my custody or 
power, I have therefore ordered the Captain of Johnston's fort, to 
deliver on board the Hazard, Thomas Potts, Master, bound for 
London, one bale of Stampt papers which was brought into this 
port by the Diligence Sloop of War from Virginia. The bale was 
opened during the distui'bances to see if it contained any particular 
instructions for the Distributor of the Stamps, but believe nothing 
was taken out of it but two Acts of Parliament. 

I am &c 

NoTK. — -Capt Robert Howe sent the Commissioners under a l.)lank 
cover, a Bill of Loading of four boxes of Stampt Paj^er shipt in the 
Hazard Capt Potts to London, by whom the above letter went. 



[B. P R. O. No. Carolina. B. T. Vol. \n.\ 

At the Cdukt at S' James's 
the 13: day of February 1767 
Present 
The Kings most Excellent Majesty in Council. 
Whereas there was this day read at the Board, the Memorial of 
James Murray Esq" of North Carolina, setting forth that the Memo- 
rialist has for many Years been a Member of His Majestys Council 
for the Province of North Carolina, and he always discharged his 
Duty faithfully ; thatintlie Li.st of the Council for the said Province, 
lately transmitted to Governor Tryon, the Memorialists name is 
omitted, which the Memorialist is informed happened by mistake in 



COLOKLVL RECORDS. 437 



writing out the List ; And therefore liumbly praying, that His JNIajesty 
will be graciously pleased to order him to be restored to his Rank and 
place in the said Council — His Majesty taking tlie said Memorial 
into consideration, is hereby pleased, with the advice of His Privy 
Council, to Order that the said James Murraj' Esq" be restored to 
the Rank and place he formerly held in his Majesty's said Council 
of the Province of North Carolina — Whereof the Governor or 
Commander in Chief of His INIajestys said Province of Noi'th Caro- 
lina, for the time being, and all others whom it may concern, are 
to take notice and Govern themselves accordinglv- 



[From Tkyon's Letter Book.] 

Letter from Governor Tryon to John Stuart Superintendent &c at 

Ch= Town 

Brunswick 16"" February 1767. 

I herewith transmit to you abstracts from the Journals of the last 
General Assembly of the Province held at Newbern, relative to the 
measures you represented to be necessary for satisfying the Cherokee 
Indians in running a western line between this colony and the 
Cherokee Indian hvmting grounds; On jxij return to Brunswick 
the 23'' of last month I found your letter of the IG^^ December left 
by Capt Gordon, this gave me the first intelligence of the cause of 
the Cherokees not meeting to run the said line agreeable to their 
appointment. The express you mention to have been sent by Mr 
Cameron never arrived to me. Bj' the Earl of Shelburnes letter 
you inclosed I find the government at home seems greath' appre- 
hensive of a rupture with the Indians and highly displeased at the 
encroachments that have been made by some of the colonies on the 
Indian lands. That all possible justice maj^ be do'ne the Indians on 
the western settlement of this province I myself purpose to accom- 
pany the commissioners appointed by Act of Assembly to run the 
said line. I must therefore desire j^ou will fix the 16"" of May next 
for some Indian chiefs to meet me at Salisbury from whence we 
will proceed to the westward to run the said line. I hope your 
affairs will permit you to pay the visit you have so repeatedh' prom- 
ised me at Brunswick and from thence accompany me on this ser- 
vice. Lest the Cherokee Chiefs may have any apprehensions in 



438 COLONIAL RECORDS. 



passing thro' the settlements to Salisbury, I inclose j'ou a pass for 
them under the great seal of the province; If this should not be 
satisfactory I will even meet them further to the westward. My 
reasons for fixing the IG* of May next for the rendevous are that . 
it may not interfere with the Court of Claims to be held at Wil- 
mington the middle of April, or the General Assembly prorogued 
to the first week in June next. The request you make me to give 
licences to Indian traders, and subject them to your regulations 
would be ineffectual without the sanction of a law to compel them 
to an obedience of such regulations, tho' I do not know of anj^ Indian 
traders belonging to this province, yet if you will draw out a plan 
for the conduct and behaviour of Indian traders as you think will 
answer the ends proposed, I will most readily lay it before the next 
General Assembly for their concurrence and support. 

I am &c 



[From Tryon's Letter Book'.] 

Letter from Governor Tryon to Samuel Wyley, Esq, Charles Town 

Brunswick 17"" February 1767. 
Your letter with the plan of the survey you made of the Catawba 
lands was delivered to me two days after I prorogued