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Full text of "The colonial records of North Carolina"

UNIVERSITY 
OF PITTSBURGH 



A>AV;;:/r<X 



LIBRARY 



Digitized by the Internet Archive 

in 2009 with funding from 

University of Pittsburgh Library System 



http://www.archive.org/details/colonialrecordso09nort 



THE 



COLONIAL RECORDS 



NORTH CAROLINA, C^^^^-O 



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



COLLECTED AXD EDITED 
BY 

WILLIAM L. SAUNDERS, 

SECRETARY OF STATE. 



VOL IX— 177i TO 1775. 



RALEIGH : 

JosEPHus Daniels, Peinter to the Statf. 

18tO. 



F25! 
c 



""^MSt 



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 NINTH VOLUME. 



Prior to the adoption of the State Constitution in 1776 there were 
three kinds of Government in North Carolina, first the Proprie- 
tary Government, second the Royal Government, and third a Gov- 
ernment by the people. 

The Proprietary Government ended practically in 1731, when 
Burrington was inaugurated. Royal rule then began. It ended in 
May, 1775. Under this rule there were five Governors; Burrington 
the first, who made himself so odious to the province that in three 
years he was removed by the Crown ; .Johnston the second, and 
Dobbs the third, who died natural deaths in the province; Tryon, 
the fourth Governor, who was transferred to the Province of New 
York, and Jlai-tin, the fifth and last, who fled before the people 
in JNIaj', 1775. 

Having overthrown Kingly (Jovernment, the people instituted a 
temporary Government, beiiig, for various rea.sons, not ready to 
establish a permanent one. This temporary Government was carried 
on by a system of Safety Committees, one for the State at large, one 
for each district and one for each county, and lasted until December, 
1776, when the permanent State Constitution was adopted. 

Josiah Martin, the fifth and last Royal Governor, son of Colonel 
Samuel Martin, was born on the 23rd of April, 1737. The most 
notable thing about him seems to be that he was a brother of 
Samuel Martin, tlie member of the British Parliament for Camel- 
ford, who wounded the celebrated John Wilkes in a duel. He 
entered the British army in the year 1750 as Ensign of the Fourth 
Regiment of foot, was appointed Major of the One Hundred and. 
Third in 1761, and still later Lieutenant Colonel. In 1169 he sold 
his commission in the army. 

Governor Martin reached NewBern on Sunday, 11th of August, 
1771, from New York, after a passage of nineteen days, and took 
the oaths of office on tlie next day, in the presence of such members 



PREFATORY NOTES. 



of the Council as were in town. He seem.s to have been a man ill 
calculated generally to conduct an administration successfully, even 
in ordinary times, and the times were by no means ordinary ; his 
soldier life had perhaps dwarfed his mind and unfitted him for civil 
service. He knew nothing of duplicity or of diplomacy, and was 
doubtless a sincere man and lioncstly devoted to the King, whom 
he thought it no degradation to regard literally as a master. Insuf- 
ferably tedious and turgid, and almost disgustingly obsec^uious to 
tho.se in authority over him, his dispatches make the tired reader 
long for the well-constructed, clear-cut sentences and polished imper- 
tinences of Tryon. 

Escaping from NewBern on the ■24th May, 1775, he reached Fort 
Johnston on the 2d June, where he remained, not daring to go beyond 
reach of its guns, until the 18th of July following, when he was 
driven from the fort by an armed force and compelled to take refuge 
in the King's vessel, The Cntizcr, then lying in the river, wliere he 
remained during the ensuing winter and .spring, until General ( lin- 
ton left that section, after the battle at Moore's (.'reek. In June, 
1776, he was on board the British fleet with Sir Peter Parker, off 
Charleston: in 17S0 he was with Cornwallis at Camden, and con- 
tinued with him until after the battle at (iuilford Court House in 
1781. After this, his health already feeble, having utterly broken 
down, he left North Carolina and went to Long Island, and from 
there to England. He died in London in July, 1786. 

Governor Martin, being a militar}- man, naturally enough came 
here envying what he considei-ed Tryon's good fortune, in having 
such an opportunity as the Ahunance campaign afforded, to make a 
display of military abilities, and with altogether a bad opinion of 
,the Regulators It was not long, however, before his views l)egan 
to change. In the summer after his arrival, being at Hillsboro on 
a tour through the disaffected regions, he reported to the English 
Secretary that his progress through tlie country had opened his 
eyes exceedingly with respect to the commotions and discontents 
that had lately prevailed in it; that he then saw most clearly that 



PREFATORY NOTES. v 

they had been pi'ovokcd by insolent and cruel advantages taken of 
the people's ignorance by mercenary tricking attorneys, clerks and 
other little officers, who had practised upon them every sort of rack- 
ing and extortion, by which they had brought ujson themselves just 
resentment, but that they had engaged Government in their defense 
by artful misrepresentations that the vengeance of the wretched 
people, in folly and madness aimed at their own heads, was directed 
against the Constitution ; that the resentment of Government was 
craftily worked up against the oppressed, so that the oppressors 
treacherousl}' secured protection where the injured and ignorant 
people had expected to find it, and that this drove them to acts of 
desjjeration and confederated them in violences. 

And verily a whole volume would not give a better idea of the 
rise, development and end of the Regulation troubles than these 
few lines. Conscious, however, of the reflection therein made upon 
his predecessor, Governor Martin added that inquiries of this sort 
were "so invidious that nothing but a sense of duty could have 
drawn from him his opinion of the past troubles of the coiintry." 

So impressed, too, was the British Secretary, the Earl of Dart- 
mouth, with this view of the case that he declared he "saw but too 
much reason to believe that those deluded people would not have 
been induced to involve themselves in the guilt of rebellion without 
provocation, but that it was not necessary for him to recur to trans- 
actions of so disagreeable a complexion." 

In this connection, the opinion of Chief Justice Howard, and that 
of Mr. Justice Moore also, given in writing and now printed for the 
first time, are well worthy of consideration. 

Chief Justice Howard says: 

'_' I know of no Insurgents in a state of Outlawry in the law sense 
of the word ; as far as I can recollect, indictments were found against 
several persons at NewBern 1771 for felonies and trespasses com- 
mitted at HilLsboro, and proclamations were issued by the Court to 
compel their appearance upon pain of being adjudged guilty of the 
offenses charged in the indictments, and also being killed by any 



PREFATORY NOTES. 



person whatever with impunity: but whether the proelamations 
were ever pubUshed and set up according to the direction of the 
Riot Act, so as to aflfect the attainder intended by it, is a material 
point, and cannot be ascertained but by a tryal in the courts of law." 

Mr. Justice Moore sa3's : 

"These people are not regularly outlaws; such of them as were 
indicted for inferior offenses and did not surrender themselves 
within the time limited by the Riot Act are to be held guilty of the 
offenses with which they were respectively charged, but no judg- 
ment can pass against them without trial and conviction. That Act 
prescribes a certain mode of notification to accused offenders; if 
that has not been strictly pursued, the penalties of the Act cannot 
have been incurred. This is a fact which can only be inquired of 
and determined by a jury. The Outlawries (as they are called) 
taken at the Court of Oyer and Terminer at NewBern in the year 
1771 can only have relation to inferior offences. All proceedings 
against those who were capitally charged are ab initio void." 

The Attorney General, too, thought the proceedings in the New- 
Bern district against the Regulators charged with felonies were 
invalid, and what is of still greater importance, he says the procla- 
mations of outlawry so called were never issued as required by the 
Johnston Act, so far as hQ "ever understood." 

And yet, and yet, Few, poor half-witted creature that he was, a 
prisoner taken in open battle, without any pretence of trial, convic- 
tion or judgment in any court either civil or military, was hung the 
morning after the battle as an "outlaw," simjily upon an order of 
Tryon, an order that, so far as appears, was not even reduced to 
writing; and all this, according to tradition, merely because Fan- 
ning pointed him out to Tryon as one of the parties concerned in 
pulling down his house. And this was the Government, and this 
was tlie regard for law, and this was the value put upon that sacred 
thing called human life in North Carolina under Tryon's adminis- 
tration ! In Heaven's name, was it not time for somebodv to revolt? 



PREFATORY NOTES. 



Nor, in connection with the matter of the Regulators, must the 
extraordinary letter of Mr. Alexander Elmsly, now for the first time 
printed, be passed by without comment. Mr. Elmsly was for years 
a resident in the province, a member of the Assembly, at one time 
the agent of the Assembly in England, and generally of the very 
highest authority in matters pertaining to the province. Mr. 
Elmsly, in a letter written in July, 1771, says that the want of 
money was a mere pretext on the part of the Albemarle people and 
not their true reason for refusing to go to Alamance; that the 
"Regulating spirit" had shown itself years before in Albemarle to 
such an extent that he would not have been surprised had the 
battle been fought on the banks of the Pasquotank River instead 
of on the Alamance. 



Mr. Bancroft says that, in civil affairs as much as in husbandry, 
seed-time goes before harvest; that the present is always the lineal 
descendant of the past, and that a new form of political life never 
appears but as a growth out of its antecedents. Had North 
Carolina been in the eye of the great historian at the time he wrote, 
his words could not have been more appropriate to her at the close 
of her Colonial existence. Indeed they are so apt a description that 
it seems scarcely possible they were not used with special reference 
to her. 

And now that we have come to the period in which she assumed 
a markedly new form of political life, it will not be out of place to 
recall the salient points in her antec dents. These antecedents 
show a continuous struggle on the part of the people of North Caro- 
lina, with the Indians in their front on the one hand and with Great 
Britain in the rear, so to speak, on the other. These struggles were 
the schools in which the people got their education, schools of 
adversity in some sense perhaps, but rare good ones for ali that. In 
these schools two things were well taught: in the Indian school the 
capacity of man for self-government, and in the British tlie value of 
a written constitution as a safeguard against arbitrary government. 



PEEFATORY NOTES. 



Frontier life, us we understand the term in America, indicates a 
phase of existence peculiar, perhaps, to the western world, and we 
may almost say, peculiar to it in its Anglo-Saxon development. 
Beginning on the shore of the Atlantic, the frontier moved west- 
ward until the red man was driven to the Pacific coast. A few 
words describe the fact, but it took near three centuries to accom- 
plish it, for the Indian was no mean foe. Separated from the home 
country by an expanse of water of some three thousand miles, the 
colonists soon .learned that upon themselves and not upon England 
must they depend. It was simply impossible for any Government, 
certainly for any European Government, to make the frontiers in 
America places of safe residence, and hence the necessity for self- 
reliance. In the nature of things, frontiersmen felt Government 
more in its burdens than its benefits, and only the simplest form of 
it, therefore, was long tolerable. Especially was this true in North 
Carolina, as will be seen when it is remembered that, after the terrible 
massacre by the Tuskeroras in 1711, it was from our brother colonists 
in South Carolina that the help came that saved us from utter destruc- 
tion, and that from the Government in England, instead of help, came 
a requirement that rents for land should be paid in coin and not in 
commodities as hitherto. The result was that, taking lessons from 
the Indians, the frontiersmen soon came to be no respecters of mere 
persons, and learned that even the divinity that hedges in a King 
could not stop a well-directed bullet. In a word, frontier life in 
America was a school for republicanism. 

And so was the continual struggle with the British. For nearly 
three-quarters of the first century of our settlement, our Government 
was in the hands of the Lords Proprietors. Under their rule the 
people, recognizing no authority not derived from their Charters, 
were confessedly "the freest of the free," and rebellions, so called, 
were the arder of the daj'. To this state of things the indifference 
of the Proprietors to our portion of their great province contributed 
no little. It must not be supposed, however, that the freedom 
enjoyed in North Carolina was simple license arising from a weak 



PREFATORY NOTES. 



and careless Government, for the people here stoutly maiutiiined 
that their liberties came to them by operation of the plainest of 
plain laws, from the Royal Charter under which tlie colony had its 
rise and got its growth ; in a word, that here, at least, upon subject and 
sovereign alike, "thus saith the law" was a supreme limitation. 

Another document reverenced next to the Charter of Charles, and 
of less importance only in that it was of narrower scope, was the 
one called the Great Deed of Grant. This noted paper-writing, 
which was brought forward in our laws as late as 183G, was a deed 
made by the Lords Proprietors in response to a petition from the 
General Assembly at the first session of such a body ever held in 
North Carolina, by which the lands in the colony were henceforth 
granted upon the same terms as those in. Virginia, terms much more 
advantageous to settlers than those they had hitherto obtained. It 
was sought for many j^ears to break its force in various ways. The 
people, however, would not listen, and stood up stoutly for the 
integrity of their Great Deed, and continued to set it up as a con- 
clusive reply to the pretensions of arbitrary rulers. Its value in 
teaching how effective a safeguard a known written constitution 
could be made against their rulers was certainly very great. 

According, therefore, in 1719, when South Carolina threw off the 
Government of the Proprietors for that of the Crown, North Caro- 
lina neither revolted nor desired to revolt. Slie was not in the strait 
her Southern sister was; and, too, she was wise enough to know a 
good thing in the way of Government when she had one, and was 
by no means anxious to part with it. All this was not because she 
loved the Proprietors, but because the Government was based upon 
written instruments, and she both knew and was unwilling to surren- 
der the advantages they gave her. 

It mattered little, however, in those daj's, what the people thought 
or wished, and so, in no great time, the Lords Proprietors, having 
agreed with the King, delivered the province to him for a price. On 
the other hand, it mattered quite as little to the people of North 
Carolina what princes thought or potentates preferred, and so, under 



PREFATORY NOTES. 



royal rule, two weeks had not elapsed after the meeting of the first 
Asserablj^ before the issue was squarely made between constitutional 
government and prerogative rule, by a formal resolution of the 
Assenibl}', duly signed by the Speaker and delivered to the Governor. 
Under this Governor, the contention though sharp was short, for he 
was soon ousted. Under the next, whose administration lasted near 
twenty years, it was all the while the same old stor}', a contention 
between constitutional government and prerogative, or arbitrary 
rule, so that he wrote home that, -without help, even the shadow of 
authority would soon be gone. The third Royal Governor also soon 
found that he, too, and the people were at variance, and it so con- 
tinued until the close of his administration, when he wrote home to 
England that the people openlj^ set him and the King's written 
instructions at defiance on the express grounds "that their charter 
still subsisted," and that when the King's instructions differed from 
their charter, the latter and not the former was their rule of action. 
When Tryon, the fourth Governor, perhaps the ablest of them all, 
assumed the reins of government, the country was already in a 
tumult over the passage of the Stamp Act, and he found himself at 
once in collision with the people, at one time, indeed, a prisoner in 
his own house, under-a guard of armed men. Learning from his 
first experience the temper of the people, when aroused, and desiring 
heavy appropriations, he used every art of the courtier to ingratiate 
himself with the Assembly, and he succeeded. With the great body 
of the people, however, he was not so fortunate, the very last event 
of his administration being a pitched battle, in which thousands of 
the people were engaged. 

It mu.st by no means, however, be assumed, because of this one 
mention only of resort to violence, that North Carolinians were 
usuall}' content with forensic arguments alone. Under the rule of 
the Proprietors, resort to force and violence was, it may be said, 
almost the habit of the country. Under Royal rule, scarce a decade 
passed that did not see the people up in arms to redress official 
grievances. Indeed, at a very early day they came to the opinion 



PREFATORY NOTES. 



that "the doctrine of non-resistance against arbitrary power and 
oppression was absurd, slavish and destructive to the good and hap- 
piness of mankind," and, what is more, they acted upon it whenever 
occasion required. 

Our records show indisputably tliat resi.stance to oppression was 
at the bottom of all these troubles, and that in every case violence 
was resorted to ; troubles that, covering so many j'ears and such a 
wide extent of territory, and coming so close together, one following 
directly upon the heels of the other, are not to be viewed as separate, 
casual, sporadic, isolated outbreaks, but as a connected series, similar 
in their nature, akin both in origin and develojnnent. Their his- 
tory, like that of events generally in the colony, shows indisputably 
that the people of North Carolina, when occasion required, were 
quite given to force and violence, though not mere lawless rioters 
who loved strife for strife's sake and preferred violence to peaceful 
measures. On the contrary, there was much method in their mad- 
ness, and cool, deliberate system in their force. Each one of the 
troubles set forth in our records exemplifies this; the Rent trouble, 
the Legislative representation trouble, the Granville District troubles 
(or the Enfield riots as they were called), the Stamp Act troubles, 
and the War of the Regulation. 

And thus North Carolinians became prepared for the disciiarge 
of their duties in the great crises in wliich, in after times, it was 
fated they should bear such honorable and important parts. 

Indeed the salient points that will strike the student, in an exam- 
ination of her antecedents, with more force than any others, per- 
haps, are: 

1. That North Carolinians, from their earliest days, relied upon 
the known and unchanging texts of written laws, and not like their 
English ancestors, upon unwritten law, with its corollaries and inci- 
dents, always more or less uncertain and varying, and always more 
or less flexible. "Our charter still subsists ".was their slogan from 
post to finish, from the first Royal Governor to the last. In the face 
of the first they flung their charter as the supreme law of the land, 



PREFATORY NOTES. 



to which all things else, animate and inanimate, must yield, and so 
it was with the others, one after another, until not even a shadow of 
Royal government was left in North Carolina. 

2. That whenever, in their opinion, speech had been exhausted 
and action was necessary, they hesitated not to use violence to pre- 
vent infringements of their charters. 

With a knowledge of these antecedents, the student is prepared to 
understand and appreciate the stirring events that took place in 
North Carolina in the next five j'ears, and how it was that in less 
than four years the Governor was a fugitive from his capital, and in 
place of the Royal Government was a Government of the people 
for the people and set up hj the people. 

Governor Martin was unfortunate in the time at which he as.sumed 
office in North Carolina; indeed, it may be said, that his adminis- 
tration was a sort of general legatee of the ill consequences of all 
the bad blood and bad government of his predecessors' adminis- 
trations. And then, too, the harvest of a centaury and more of 
seed-time was about ripe. 

The most pressing legacy that confronted him was the necessitj' 
for providing for the payment of Tryon's troops during tlieir service 
in tlie war against the Regulators. This, of itself, was no easy 
task; not only because the amount required, some £60,000 as it 
turned out, was beyond the power of the province, already burdened 
with a large debt, to raise, without a great strain, but because the 
people were indisposed to contribute anything to the payment of 
these troops. Governor Martin came here with instructions to call a 
new' Legislature at once, but he was advised both by Governor 
Tryon and President Hasell that no new Assembly would consent 
to any provision for such payment, and therefore it would be neces- 
sary to rely upon the old one, the one that authorized the lev3'ing 
of the troops and of whose members so many had taken part in 
the war. Acting upon their advice, he called the old Legislature 
together, instead of issuing writs for a new one in pursuance of his 
instructions. It will be remembered that in those days Legislatures 



PREFATORY NOTES. 



lived or died solely at the will of tlie (iovenior. All difficulties, 
however, in the way of paying the troops were overcome, as was 
expected, by the Assembly that authorized them to be raised. 
How just were the apprehensions of Tryoii and Hasell in the 
premises will be seen by the action of tlio new Assembly when 
applied to by Governor jNIartin to reimburse Colonel Fanning 
for the damage done him by the Regulators, Fanning liaving 
at his request, and upon his assurance of conipensation by the 
Assembly, withdrawn suits at law against the parties therefor. The 
Assembly said it could not be done in justice to their constituents, 
certainly at least not without their knowledge and consent. Doubt- 
less Governor Martin thought it was a iiard fate that compelled him 
to find money to pay the bills of another soldier's campaign, a cam- 
paign of which that other soldier had already gotten all the glory 
and left to him all the odium. It seems a sad fate, we say, for Gov- 
ernor Martin, himself a soldier, eager for an opportunity for mili- 
tary display and military distinction, but in realit}' it was not so 
hard as it seemed. The matter was of easier solution than appeared 
at first, and, strange to say, perhaps, l)ecause of another trouble 
inherited along with it. Either trouble alone would have been 
sufficient to wreck an administration, but coqiing together, each 
fairly neutralized the other. This hapjiy difficulty, inherited by the 
Martin administration, was about currency. Of gold and silver, the 
province had none, and naturally enough, for she then had neither 
mines nor mints, and the balance of foreign trade was not in her 
favor to such an extent as to bring much coin here from other 
countries, and what coin by chance did come did not go into circu- 
lation, but was hoarded either to pay import duties or to buy negroes 
with. Of paper money, there was only a very limited amount, con- 
sisting of provincial notes of various kinds, that from time to time 
had been issued to meet appropriations. To meet the currency 
difficulty, before the days of appropriations, certain commodities had 
been made a legal tender, at certain rates specified by law, but 
this, with the increase of population and trade, was found both cum- 



PREFATORY NOTES. 



bersome and inadequate. The natural remedy for this state of 
things, it would seem, was the issue of a currency, under proper 
limitations by the Government, and this would have been done but 
for an act of the British Parliament, passed in the interest of the 
British merchants, forbidding the province to issue a legal tender 
paper currency. To this lack of sufficient currencj' very many 
troubles were in great part directly traceable. Time and time again 
application was made to England for some relief in the premises, 
but in vain, although Tryon, as we have seen, constantly deluded 
the Assembly with the hope that through liis influence at home, 
something would bo done, and was always ready to approve an act 
or forward a memorial for tliat [/urpose, with profuse promises of 
aid. Not one of the currency bills became a law, however, and that 
trouble, like others, was left apparently to plague Martin, who was 
without tlie diplomatic tact of iiis predecessor, and whu did not have, 
and happily was not supposed to have, any great influence at home. 
But it is an ill wind tJiat blows no one any good. The province was 
suflering for currency. Parliament prohibited the issue of legal 
tender provincial paper, and the use of commodities as a currency 
had been pushed to its greatest possible limit. The only recourse, 
then, was to create a new debt, issue "promises to pay," called 
debenture notes, receivable for everything save debts due to British 
merchants. This was done, and Martin paid the expenses of Tryon's 
war and settled the currency difficulty at one swoop by the issue of 
fiiOjOOO of debenture notes that liad no difficulty in getting into 
circulation in a province where even counterfeit notes, it may almost 
be said, were taken and passed without much question. It is an ill 
wind that blows nobody any good. 

It sounds like anything save the truth, but it is the truth, for all 
that, to say that from the day she took upon herself that enormous 
debt of i;(;0,OOU, North Carolina was delivered of her currency 
troubles, so that only once more during Martin's administration was 
any serious reference made to it, so far as the records show, and that 
was done more to i)cr]ietuate what was known as the valuation law. 



PREFATORY NOTES. 



a law that the British merchants considered detrimental to their 
interest, and therefore ordered to be repealed, in their usual way, 
that it is to say, by means of a royal instruction. This act, because 
of the scarcity of legal tender currency, provided that no sheriff's 
sale should be final unless the property brought as much as three- 
fourths of its "valuation." Without this law, debtors were, in times 
like those, at the mercy of creditors. The debenture notes suited 
everybody at home, and did not greatly offend even the British 
merchants, it would seem, for Lord Hillsborough wrote to Governor 
Martin that "a paper currency, based upon a just foundation of credit, 
without making it a legal tender" was well enough, meaning to say 
thereby that the province miglit do as it pleased with the currency, 
provided the British and other outside traders were not required to 
take it. 

To meet these new debenture notes, a special tax of two shillings 
upon each taxable in the province was ordered to be collected for 
ten years, and no longer. In case, however, the tax should yield 
£60,000 in less than ten years, its collection was at once to cease. 
How long the province could have staggered under this load of 
debt and consequent taxes is a matter of speculation more curious, 
perhaps, than profitable, as the test never came. In August, 1775, 
the province, no longer bound by Britisli parliamentary prohibition, 
began to issue currency without levying any tax for its redemption, 
at which time, doubtless, the collection of taxes to redeem ante bcUum 
debts and currency also ceased. But it is not from a financial point 
of view alone that the act <>{ 1771, providing for the issue of 
£60,000 in debenture notes, is of interest. It gives us a basis from 
which to make a fairly accurate approximation to the population of 
the province at that time. The calculation was that a two shilling 
tax per tixable, which, iiowever, was never levied, would pay off 
the debt in ten years or less, in other words, that it would raise 
some £6,000 a year, which meant that there were .some 60,000 solvent 
taxables in the province, and including insolvent, unlisted and 
exempt taxables, indicated a I'opnialion of some 250,000 .souls at 



•ll 



PREFATORY NOTES. 



that time. The information thus afi'orded is about all we have as 
to the population at that date, that is to say, December, 177 L 

But while the debt of the province was made to subserve a very 
useful purpose by its conversion into much needed currency it was 
nevertheless a great burden, especially upon the poorer people, as 
there then was no property ta.x in the province, and gave mueii 
trouble to the Assembly as well as the Governor. 

At the end of Dobbs's administration, according to the report of 
the Treasurer, the provincial debt of all torts amounted to some 
^£75,000, most of which had been contracted in aid of the seven 
years' British war against the French and Indians. To tliis Tryon 
added " several thousand pounds " for running the Cherokee line, 
£15,000 for his palace and £20,000 for his expedition against the 
Regulators in 1768. So that upon the coming in of Martin the 
amount would have been near £115,000, but for the amounts called 
in by way of taxes levied for the purpose and burned. Of this 
debt a part was in the shape of legal tender obligations for the pay- 
ment of which special taxes were levied, a part interest-bearing 
Treasury notes not legal tender, and another part notes bearing no 
interest and commonly called " debenture " notes. 

On the Gth December, 1771, Mr. Burgwin, Clerk of the Committee 
of Accounts, pursuant to order, laid before the Assembly a statement 
of the public funds, from which it ajipeared that on account of the 
one shilling poll-tax imposed to meet the appropriation of £21,350 
granted in 1748 and continued to meet the appropriation of £40,000 
granted in 1754 and on account of the impost duty of four pence 
on imported liquors levied for the same purpose, there had at various 
times been burnt and destroyed, as by law required, the sum of 
£53,104 2s., and that there was on hand the sum of £12,586 5s. 6d., 
for which security had been given, making £65,690 7s. 6d. in all, 
that is to say, £4,340 7s. 6d. more than ought to have been collected, 
and thereupon the Assembly came to the conclusion that these 
special taxes had done their work and ought no longer to be col- 
lected, and a bill was brought in to prevent their further collection 



PREFATORY NOTES. 



which the Governor was pleased to declare to be teeming with fraud. 
But if the Governor was hot, the Legislature was stubborn, and tlie 
bill was duly passed. As a matter of course it was rejected, indeed 
so confidently was this expected that the Assembly prepared reso- 
lutions, discontinuing the tax and indemnifying the sheriffs for 
non-collection, to be entered upon their Journal in that event. 
They were not so entered, liowever, as the Governor, who had in 
some way gotten wind of the matter, in the same breath as it were, 
rejected the bill and dissolved the Legislature. It was a sharp 
trick for a Governor, as Governors then were, but it did not quite 
succeed, for Mr. Speaker Caswell communicated the purport of the 
resolves to the Treasurers as an order from the Assembly, and there- 
upon the taxes in question were omitted from the tax lists sent down 
to the counties for collection. Tlie Governor was in a rage and 
issued a proclamation requiring the sheriffs to make collections a.s 
usual under pain of being sued upon their bonds for non-collection. 
The action of tlie Assembly was doubtless suggested by that of pre- 
ceding Legislatures, in discontinuing like taxes and indenniifying 
sheriffs for their non-collection on the same ground, and was 
taken it seems without reference to the fact disclosed in a former 
exhibit that the slieriffs and otiier tax-collectors were defaulters to 
the amount of ^£60,000. Doubtless, however, tlie reflection that 
provincial money was being squandered b}' insolvent royal officials 
over whose appointment and in. the aj)proval of whose sureties the 
province had no voice whatever, hardened their hearts mightily 
against the indignation excited in the bosom of tlieir royal Gov- 
ernor. 

But, as might have been expected. Assembly resolutions discon- 
tinuing special taxes and indenniifying sheriffs for their non-collec- 
tion, were only partially regarded, for not only was it to their inter- 
est for the sheriffs to collect the taxes, but the tlireat of the Governor 
to bring suits on their bonds in case of non-collection was a serious 
matter, the courts being, so to speak, in the interest of the Govern- 
ment, if not in the hands of the Governor, and then, too, the sheriffs 



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were not responsible to the Assembly, but to the Governor, whose 
appointees they were. No action was taken in the premises by the 
next Assembly, which met in January, 1773, possiblj' because taken 
up with the court law c^uarrel then pending. In the first week, 
however, of the ensuing session, which met in December, 1773, the 
Assembl}' again resolved that the special taxes in question had done 
their appointed work, and ought no longer to be collected, and a bill 
was introduced to put this resolution into execution, but failed of 
passage, because of the prorogation of the Legislature. It would 
have availed nothing had it passed, as the Governor declared he 
would have rejected it, just as he did the one in 1771. The trouble 
was not at an end, however, for upon the reassembling of the Legis- 
lature in March, 1774, another bill for discontinuing the taxes in 
question was passed b}' the Assembly and rejected by the upper 
House, whereupon the Assembly resolved, and this time actually 
made the entry upon their Journal, that the taxes in question had 
long since had their effect ; that the Assembly had frequently passed 
bills to repeal the act under which they were collected, and that 
their not being able to obtain a law for that purpose was a great 
grievance to the people ; that the Treasurers issue orders to the col- 
lectors not to receive the said taxes from any person for the year 
1774, or any subsequent year; that the Assembly considered it their 
duty to indemnify any person from all damages incurred in obedi- 
ence to these resolutions, and that the public faith stood engaged to 
make good any deficiency appearing on the final settlement by 
. reason of the non-collection of the said taxes. 

These resolutions coming to the knowledge of the Governor he dis- 
solved the Lejislature by formal proclamation, in which he denounced 
the resolves of the Assembly as an unconstitutional attempt by 
that body, solely by its own separate action, to abrogate a solemn 
statute, and looking at the resolves with a purely legal eye, it must 
be confessed they are liable to that criticism, but then that mode of 
looking at things was fast falling into " innocuous desuetude." Two 
years before he denounced similar resolutions as "irrefragible proof 



PREFATORY NOTES. 



of the democratic purpose of the Assembly." Of course, there was 
also a proclamation ordering collections to be made under the usual 
penalties of bringing suits in cases of non-collection. All this was 
in March, 1774, and thus matters stood until the end came, and the 
end was not now more than a Sabbath-day's journey distant. 

Still anotlier legacy of trouble was the unsettled dispute between 
the Carolinas about their boundarj' line. It will be remembered 
that in 17G4 the line was carried to the Charleston and Salisbury 
road, and that at the intersection a stone was set up to mark the 
spot. This was simply a due-west continuation of the line from 
the Yadkin River. The necessity for a still further extension was 
undoubtedly urgent, and it would doubtless have been made, if the 
two provinces had been able to agree where it should run. Gov- 
ernor Tryon, unhappily, in spite of his boasted influence in England, 
was no more able to influence the King to conform to his wishes in 
running the line than he was to induce him to yield to them in the 
matter of allowing the province to issue additional currency, and so 
the King ordered that, instead of continuing the line in a due-west 
course from the Charleston road, as North Carolina contended ought 
to be done, it .should be run substantially as it now exists, and 
accordingly, in December, 1771, Governor Martin communicated 
the order to the Assembly, and asked for funds to enable him to 
defray the* expenses of the service. The Assembly, however, pro- 
testing against the proposed line because of the numberless injuries 
and great injustice that would accrue therefrom to North Carolina, 
declined to burden their constituents with any expense for its estab- 
lishment. But for all that, in the summer following the line was 
run and a bill of expenses sent to the new Assembly in .Januarj', 
1773, in a message in which the Governor informed that body that 
the refusal of the Assembly to provide therefor was ill-received by 
the King. The Assembly reminded the King and his Governor 
that as late as 1767 a line rendered entirely useless to North Caro- 
lina by the new line, was run under the inspection of Governor 
Tryon and exactly agreeable to a former royal instruction, "at an 



PREFATORY NOTES. 



expense of thousands to North Carolina," and reminding them 
further that an enormous debt of £60,000 had just been assumed 
in behalf " of His Majesty's government in the colony," declined to 
add to the burthen the expense of establishing a line that would 
deprive the colony of more than a million of acres of the most 
valuable land and take from it a number of inhabitants. AVhether 
so intended or not, the reminder that the province had assumed an 
enormous debt, not for its own interest, but for the benefit of His 
Majesty's government, seems a suggestion that " His Majesty's gov- 
ernment" was a matter of sufferance rather than of interest or right, 
a .suggestion greatly strengthened and reinforced by repeated refusals 
to obey His Majesty's in.structions in regard to the boundary line. 

Another unhappy inheritance was the dispute about the Court 
laws, the history of which, in its earliest phase, has already been 
fully set forth. The struggle, however, as it renewed itself under 
Martin, turned upon a new point, and one that, by no means, went 
to the essence of the entire judicial system as before. But, for all 
that, the Assembly fought quite as viciousl}', it may be said, under 
Martin upon the new point as it had done under Dobbs upon the 
old one. Under Dobbs the effort was to secure the independence of 
the judiciary'; under Martin it was merely to secure the right to 
proceed by attachment against the property of debtors who had 
never been in the province. The right to attach the propertj' of 
debtors who had absconded seems never to have been questioned or 
objected to from the earliest days of the Colony, and so in the first 
revisal of our laws now extant, that of 1715-'16, we find a provision 
extending the law to real estate. In time, however, British mer- 
chants began to do busine.ss here by means of agents, without ever 
themselves patting foot in the province. Large bodies of land here, 
too, were owned by people in Britain who had never been here, and, 
in time both of these practices worked great hardship to North 
Carolina creditors by driving them to British courts for the collec- 
tion of their debts. To meet this difficulty, when the Legislature, 
under Tryon's administration, in 17GS, established a system of 



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courts, a provision of the court law then enacted enabled creditors 
to proceed by attachment against debtors wlio had never been here. 
Attention was called to the provision by the authorities in England, 
but the act was not repealed, they said, in the confident hope that 
when a new law came to be framed the objectionable clause would 
be omitted. Perhaps, too, the recollection of the signal failure to get 
the law they desired under Dobbs had something to do with their 
determination, and made them content with issuing a Royal instruc- 
tion against the approval of sucii a provision in future. The confi- 
dent hope of the British autliorities was not justified, for in 1773 the 
Trj'on Court Law being about to expire, the Assembly insisted upon 
inserting the obnoxious provision in tlie new law, in utter disregard 
of the King's written instruction, which Governor Martin had for- 
malh- laid before them, and to which he called their especial atten- 
tion. The issue was now fully joined. On the one side were the 
Governor of North Carolina, the authorities in England, and the 
merchants and olhers there who wished to do business and own 
property here without being subject to our laws. On the other side 
was the North Carolina Assembly, representing the creditors of the 
British merchants. Governor Martin, however, was not a blind jiar- 
tisau of the British merchants, and thouglit the position of the 
Assembly had some foundation in justice: first, because, in the 
nature of things, the creditoi's here ought to have some remedy in 
the premises; and next, because he thouglit North Carolina ought 
in this regard, as in others, to be on the same footing as other prov- 
inces. Indeed, he said that while, if the current talk was listened to, 
it would seem that the British merchants were almost universalh' 
dishoneS*, it was also claimed that the clamor for the extension of 
the attachment law was due to a natural desire on the part of the 
people here to use against debtors in other provinces the same reme- 
dies the laws there provided against debtors here. Indeed, he seems 
to have gone quite as far in his dispatches as any obseciuious ser- 
vant could have gone to a Royal or other master, in calling in ques- 
tion the propriety of an order of that master. 



PREFATORY NOTES. 



It may be thought that in the above there is an unjust reflection 
upon the British merchants of that day, but, if so, why did they 
oppose the extension of the attachment law? What could have been 
their reason, save that they wished to trade here upon their own 
terms, and not upon ours? It has been long since men began to 
rob their fellows under the forms of law, and the practice unhappily 
still obtains. 

Along with the many cases in the ordinary course cf trade and 
traffic that illustrated and emphasized the necessity of extending the 
attachment law to debtors who had never been here was one in 
many respects quite outside of the ordinary course. It will be 
remembered that in his extreme old age Governor Dobbs married a 
very young and pretty girl "of good family and some fortune !i on 
the Cape Fear, to whom, at his death, he left a legacy of £2,000. 
This legacy was charged upon an estate given to a younger son in 
Ireland who had never been here and who evinced no disposition 
to make payment. Without the proposed extension of the attach- 
ment law, therefore, the young widow's only remedy was by suit in 
Ireland, which, if at all adequate, was by no means convenient. 
The case, of course, had its attractions, for widows' weeds were 
doubtless as becoming to pretty young wearers in those days as they 
are in these, to say nothing of the Dobbs legacy, in prospedu, and 
her own fortune in possession, and so, in the nature of things, the 
young widow soon became an object of interest to eligible bachelors. 
But, however that may have been, there was always some one to see 
that every bill for a new Court Law contained the much desired 
attachment clause against debtors who had never been in the 
province. • 

The following is a brief history of the struggle: 

In February, 1773, the Tryon Court Law being about to expire, a 
new bill, containing an attachment provision identical with that of 
the Tryon Law, was passed and presented to Governor Martin for 
approval. The Governor, in obedience to his instruction from the 
King, rejected it. The bill, with a provision that it should last 



PREFATORY NOTES. 



only six months, was then passed by tlic Assembly and rejected by 
the Upper House. It was then passed by both IIou.ses with a clause 
suspending its operation until the pleasure of the Crown should be 
known, and in that shape approved by the Governor. At the same 
time the Assembly spread upon their Journals a resolution declar- 
ing 7icm. con. that the right of attachment of the effects of for- 
eigners had been long exercised b}^ the inhabitants of the province, 
in common with other provinces in America, and several trading 
cities, liberties and franchises of Great Britain; that it had been 
found greatly beneficial to the trade and commerce of the country 
and the security of the property of individuals, and that the 
Assembly could not, by any |)ublic act of theirs, relinquish that 
right without at the same time abandoning the interest of their 
constituents, and the peace and happine.ss of the colony. As might 
have been expected, the bill was rejected by the authorities in 
England. 

Meanwhile there were no courts in the province, either criminal 
or civil, so that lawyers were without practice and creditors without 
collections, and yet, to their praise be it said, the lawyers, with 
Samuel Johnston at their head, stood up manfully for the right. 
Of course no country without courts of any sort could long be in a 
desirable condition, for in such times the lawless and the violent, 
and tiie dishonest of every shade, always find their opportunity. 
The King, therefore, instructed Governor Martin that, as the Legis- 
lature would not establish the necessary courts, he must fall back on 
the ever ready prerogative, and create them himself, and accordingly' 
in the summer of 1773 he issued commissions for .special terms of 
Courts of Oyer and Terminer, one of the Judges of which was 
Richard Caswell. Whether Caswell's acceptance of the office under 
the cii'cumstances created any surprise does not appear. It does 
appear, however, that it created a great uproar, and that "the cur- 
rent of popularity" was greatly against him because of it. Remem- 
bering that Caswell began his career as a pronounced patriot iii less 
than twelve montlis his acceptance of a purely and avowedly pre- 



PREFATORY NOTES. 



rogative appointment seems as strange perhaps, as unpalatable to 
modern eyes. That it was unpalatable to our ancestors also is appa- 
rent, from the fact that at its next meeting, that is to say, in 
December, 1773, the whole matter, in all its bearings, being fresli 
in their minds, the Assembly, in reph' to the Governor's speech 
announcing the creation of the Courts and asking for an appropria- 
tion to defray the expenses, formally entered upon their .Journal a 
resolution declaring that the power of issuing commissions of Oyer 
and Terminer and General Gaol Delivery, delegated by his Majesty 
to the Governor, could not be legally carried into execution without 
the aid of the Legislature of the Province, and tliat the Assembly 
could not, with justice to their constituents, make provision for 
defraying the expense attending a measure of wliich they did not 
approve. Having made this formal protest against the establish- 
ment of courts by prerogative, in defiance of the Legislature, the 
Assembly proceeded to pass a Court bill, with the objectionable 
attachment clause in it, as usual. It was, however, rejected by tiie 
Upper Llouse, and thereupon the Governor, in despair of accom- 
plishing anything, and advising the Assembly to consult their con- 
stituents, prorogued the Legislature. 

Before the j^rorogation, however, the Assembly formally resolved 
)irm. con. that an address to the King be prepared, asking him to 
withdraw the instruction in regard to attachments, and that it be 
sent to Governor Tryon, of New York, with the request that he 
convey the same to the King, and support it with "his interest and 
influence," and this they did, they said, as a testimonj' of the great 
affection the colony bore him, and the entire confidence it reposed in 
him. The truth i.s, however, doubtless, that it was intended rather 
as a testimony of the detestation the Assembly bore Governor Martin. 
Certainly, at least, it was so regarded, and caused him great mortifi- 
cation to be so pointedly slighted. In March, 1774, the Legislature 
met again, and the Assembly forthwith notified the Governor that 
the people fully endorsed what they had done. 



PREFATORY NOTES. 



It was tiien proposed, in order to give relief to the province, now 
greatly suffering for the want of Courts, to divide the questions at 
issue and to enact three separate bills, as follows: First, a bill to 
establish Coui-ts for twelve months; second a bill for foreign attach- 
ments in the shape desired by the Assembl}^, and third, a bill to 
change the law in regard to fees; both of these latter to be passed 
with clauses suspending their operation until the pleasure of the 
Crown should be known. Upon this proposition, the yeas and nays 
were called in the Assemblj', a thing then very rarely done, and it 
was rejected. The vote as recorded develops the fact that the 
Assembly was not unanimous in its action, and what is more sur- 
prising, perhaps, that the difference was almost entirely sectional, 
only three members, who could possibly be called Eastern members, 
voting for the proposed compromise, and only four, who could be called 
Western members, voting against it. It appears, however, from a 
letter of instructions from the people of Orange to their members in 
the Assembly, that the Attachment Law under the Tryon Act was 
in practice much abused in the Western counties by reason of 
the fact that the people, because of the distance they lived from 
markets, were often obliged to be absent from their homes, and that 
while thus absent on their necessary business their effects were 
seized under attachment, sold and removed out of their power. All 
of which, especially in the prevailing great dearth of legal tender 
currency, was a very great hardship. A law so easily abused 
was, they said, highly inconvenient, but, at the same time, they 
declared that when a man meant to get his person out of the reach 
of justice, some way of subjecting his effects to our process should 
be provided, and that when any person, by any means, contracted a 
debt in the Provin'ce his effects in the Province ought to be made 
liable to our process if his person was beyond its reach, and that 
notice to the agent or factor should be notice to the principal debtor, 
provided judgment was deferred long enough for the agent to notify 
his principal and get his reply. From this it seems the objection 
was not to the principle of the Tryon attachment law, but to the 



PREFATORY NOTES. 



want of proper safeguards against its prostitution to improper uses. 
The vote is an interesting one in many respects. 

Negotiations for a compromise having come to nothing, the Legis- 
lature passed a Court bill, with the now usual provisions, which was 
formally presented to the Governor, and by him as formally 
rejected ; whereupon, the Assembly once more entered upon their 
Journal a resolution declaring that the power of attaching the effects 
of foreign debtors was founded upon principles of the strictest equity, 
and was a benefit so essential to the commercial interests of the 
colony that they thought it a dut}' thej' owed themselves, their con- 
stituents and posterity to retain it unimpaired, and that their not 
being able to obtain a law for continuing this power to the inhabi- 
tants of the country was the source from which the existing dis- 
tres.ses of the colony were principally derived. 

As the Legislature was very soon prorogued, and never again sat 
under Royal rule, save during the four stormy days of April, 1775, 
the result of it all was that until she became a sovereign State there 
were no more courts in North Carolina. 

During this controversy the old "quorum trouble" cropped out 
once more, and for the last time, and somewhat after this wise : On 
Saturday, the Gth of March, 1773, Governor Martin prorogued the 
Legislature until the following Tuesday, to give the Assembly time 
to cool off, in the hope that it would then" meet in a more compla- 
cent temper. But, regarding only the order for adjournment, and 
paying no attention to the order for the new session, the members 
generally went to their homes, which fact came to the Governor's 
knowledge about the hour for the new session to meet. He there- 
fore sent a note of inquiry to the Speaker, who was still in town, in 
reply to which the Speaker stated that a majority of the members 
had already left town, and that others were preparing to do so. He 
thereupon again wrote to the Speaker, stating that under the King's 
instruction fifteen members constituted a quorum, that fifteen mem- 
bei's were still in town, and required him to "make a House" with 
that number. The Speaker rejoined that the "charter still sub- 



PREFATORY NOTES. 



sisted," and that it was expressly required that a majority of the 
members should be present to make a Ilouse. The Governor wrote 
again, asking what the chances were that enough members would 
return to do business, to wliich the Speaker replied that he "had not 
the least expectation" that anj' of the absentees would return, or that 
many of those present would remain, and thereupon correspondence 
ceased, and that was the last attemjit to force the Assembly to 
"make a House" contrary to the provisions of their beloved charter, 
then some one hundred and ten years old. 

Another trouble, as unavoidable perhaps as insuperable, was that 
North Carolina had outgrown Provincial Government, that the child 
having ceased to be a child no longer thought or spake as a child 
but was fast learning to act as well as to speak as a full grown man. 
As Mr. Elm.sly wrote to ]Mr. Johnston in 1774, the grand argument 
in favor of America, an argument that only recently had an existence, 
was the consequence her numbers and resources gave her then ; .ever\' 
other argument in her favor teemed with absurdity, he said. 

In nothing perhaps was it more apparent that the garments of a 
child were upon the brawny limbs of a full-grown man, than in tiie 
selection of the personnel of the Government. A King in England, 
of his own whim or good judgment, the favoritism of a minister, the 
caprice of a woman good or bad, or for money in hand paid, selected 
the Governor, Chief Justice, Secretary, Receiver General and Attor- 
ney General, in a word all the chief officers; the Governor selected 
the members of the council, the associate Judges, the magistrates, 
and the sheritTs. The clerks of the county courts and the registers 
of deeds were selected by an officer, called the Clerk of the Pleas who 
having bought his office in England came here and peddled out 
"county rights" at prices ranging from £4 to £40 annual rent per 
county. In 1772 these rents amounted to £5t)0 per annum "from 
•an absolutely sinecure office," as Governor Martin said. It was a 
vested right however. All this W'as done openly and above board, 
for "farming out offices," as buying and selling them was called, was 
highly honorable. The bulk of the Chief Justice's salary came from 



PREFATORY NOTES. 



his fees in suits before him, for tliough the King appointed liini he 
did not paj' him. The Superior Court Clerks, insignificant person- 
ages comparative!}', however, were selected from the highest or other 
biddei's by the Chief Justice. 

Of the thirt3'-four County Court Clerks, only eight or nine, in 1772, 
had complied with an outstanding requirement to furnish the Gov- 
ernor with a tabl ' of tlieir fees, accompanied by a certificate that 
such tables were put up in their respective offices. Attorneys were 
licensed by the Governor, each man paj'ing him a fee for his own 
use, for permission to practice. Temptation to irresponsible corrup- 
tion was the rule and not the exception in every office, and as a matter 
of course, corruptioifstalked abroad throughout the land, unconcealed, 
unawed and unabaslied, making Fanning and Frohawk not merely 
possibilities but assured legitimate results. The experience of 
North Carolina, when overrun in modern times by a horde of irre- 
.sponsijjle foreign "carpet-bag" officials, as to the capacity of man- 
kind for evil, when exposed to constant temptation to irresponsible 
corruption, enables us easily to understand tlie condition of things 
here a few 3'ears prior to the Revolution. 

But the trouble, more potent in bringing about Governor Martin's 
expulsion from the province than all other causes put together, was 
the spirit of freedom that began to manifest itself about this time 
throughout the colonies. In North Carolina it had been long crop- 
ping out, in more or less demonstrative form, oftentimes in speech, 
many times in action, during her j'ears' of training and tute- 
lage. But now the years of tutelage and training, and of prelimi- 
nary skirmishes, were about to end. The lines of battle were formed, 
and the great trial of strength between the forces of constitutional 
government and prerogative rule was about to begin. The two 
schools, in which the people of North Carolina had been so long 
laying the foundations of their education, having done their 
appointed work, were now well-nigh their close. 

The Legislature met on the 4th December, 1773, and on the 8th 
appointed a committee to obtain the earliest intelligence of proceed- 



PREFATORY NOTES. 



ings in England relating to America, and to keep up correspondence 
with the other colonies, and so the year 1774 found North Carolina in 
full communication with the other provinces. In tlie .Spring of that 
year. Governor Martin, foreseeing concert of action among the prov- 
inces, determined to prevent North Carolina from being rei)resented in 
any Continental Congress that might be called. The regular way of 
appointing delegates to such bodies, being by election by the Assem- 
bly, he thought, having dissolved the existing Assembly on the 30th 
of March, that he had the matter in his own hands, and determined, 
in imitation of the course of Governor Tryon, in 1765, in reference 
to the New York Congress of that year, not to allow any Assembly 
to meet until matters were in better shape. This determination, on 
the part of the Governor, his pi'ivate secretary, whether designedly or 
inadvertently does not appear, communicated to Colonel Harve}', 
then Speaker of the Assemblj'. Harvey's reply to this was, " Then 
the people will convene one themselves." On the 3rd of April, 
Harvey conferred with "Willie .Jones, at Haliftix, and on the 4th, 
with Samuel Johnston and Colonel Buncombe, at the house of the 
latter, in Tyrrell County. He was in a very violent mood, says 
Johnston, in a letter writteij to William Hooper on the next day, 
and declared he was for assembling a convention independent of the 
Governor, and that he would lead the way and issue hand-bills 
over his own name. 

On the 21st of July, 1774, a circular letter, written by direction 
of a general meeting of the people of the district of Wilmington, 
was sent to the several counties in the province inviting them "to 
send deputies to attend a general meeting at .Johnston Court-house 
on the 20tli August, for the election of delegates to a general Con- 
gress of the colonies and for the consideration of ways and means 
to avert the evils threatening the American colonies.- In response 
to this circular, hand-bills were duly issued calling upon the people 
to elect delegates, as desired. Delegates were accordingly elected, 
generally, however, by way of abundant caution, with discretion as 
to the time and place of meeting for the convention, which was 



PREFATORY NOTES. 



well enough, as the place of meeting was, on conference, changed 
from Johnston Court-house to NewBern and the time from the 
20th to the 25th of August. The convention met at the time and 
place finally agreed upon, in spite of Governor Martin's procla-" 
mations forbidding its members to do so and, among other things, 
denounced the claim of the British Parliament to tax the province; 
denounced the tax on tea consumed in America ; denounced the 
Boston Port Act ; denounced the act of Parliament regulating the 
police of Massachusetts; declared the cause of Boston was the 
cause of all, and, therefore, that it was the duty of the province to 
contribute in proportion to its ability to ease the burden imposed 
upon that town and to enable it to persi-t in a prudent and manly 
opposition to the schemes of Parliaihent; declared that after 10th 
September, 1774, they would not suffer East India tea to be used in 
their families, and would consider all per.sons who did so to be ene- 
mies to their country; that after 1st -January, 1775, they would not 
import from Great Britain any merchandise, medicines excepted, nor 
purchase articles so imported, and that after 1st October, 1775, they 
would not export to Great Britain any articles whatsoever; that a 
Continental Congress ought to be held at Philadeli)hia on 20th 
September, I77J, for the purpose of describing with certainty the 
rights of Americans, and for guarding them from future violation 
under the sanction of public authority; appointed delegates to that 
Congress with authority to bind the people by their action; declared 
non-intercourse with any colony that failed to conform to any 
general plan that might be adopted in that Congress; levied an 
assessment ujion each county to pay the expen.ses of the delegates 
thus appointed, and coming down to jiurely home affairs, provided 
that a committee of five be chosen in each county to take effectual 
care that the. resolves of the convention l^e obeyed and to correspond 
with the Provincial Committee of Correspondence, and ordered that 
the Moderator siiould call another convention whenever occasion 
might require. 



PREFATORY NOTES. 



This convention or congress was the first representative assem- 
blage that ever met in North Carolina, or in America, save by royal 
authority. Instead of having royal authority it had popular author- 
ity, and met in open, flagrant defiance of the Crown, its Governor 
and his proclamations. It consisted of just seventy members pres- 
ent, twenty-nine of the thirty-five counties into which the province 
was then divided being represented on the first day of the session, 
a very large representation both as to counties and as to members 
under the most favorable circumstances, but remarkably large, 
remembering that only a month intervened between the date of the 
Wilmington circular and the day appointed for the meeting of tlie 
convention. Only two of the Western counties, all of them counties 
that, because of their distance from Wilmington, might have been 
expected to fail of intelligence of the intended action in due time, 
were unrepresented. And so as to the character of its members; 
that first popular convention ever held has never had a superior 
from that day to this, and doubtless never will in all time to come. 
There was John Campbell from Bertie, Samuel Johnston, Thomas 
Jones and Hewes from Chowan, John Harvey and -I^seph Jones 
from Perquimans, Coor and Cogdell, Abner Nash and Edwards 
from Craven, Caswell from Dobbs, Nicholas Long and Willie Jones 
from Northampton, Howe from Brunswick, John Ashe, Hooper and 
Clayton from New Hanover, Cray from Onslow, Simpson and Edward 
Salter from Pitt, and Hart from Orange. From the far-ofi" West 
came Spencer of Anson, Patton of Mecklenburg, Kennon, Young 
and Winslow of Rowan, and Jenkins and Alexander of Tryon. 
Where can their superiors be found? Scarcely a name jirominent 
in the annals of tiuit day is wanting, giving assurance that in North 
Carolina public sentiment was as unanimous as it was determined, 
and for this evidence of a fact much to be proud of we are indebted 
to Governor Martin. Had lie not attempted to prevent an expres- 
sion of the popular will the delegates to the Continental Congress 
would have been elected in the usual way ; as it was, however, they 
were elected in a very unusual way, a way without a parallel in 



PREFATORY NOTES. 



America at that time and that gives us as an initial point in ourRev- 
olutionary progress, an event to which we may indeed trul)' point 
with pride. Let Martin be thanked, then, for thus forcing us to put 
upon indisputable record indisputable evidence of the temper of 
our people at that period of the great crisis then upon them. 

With this Convention began the actual overt act of revolution in 
North Carolina and its history from the date of its inception to the 
hour of its adjournment is matter of indisputable record. Step by 
step, from the moment when Plarvcy, solving the great problem 
presented to the province by Governor Martin's refusal to call an 
Assembl}', declared in his wrath that the people would call one 
themselves, its progress can be distincfly traced, and every step of 
that progress, it is needless to say, is of the greatest interest, as that 
Convention inaugurated in North Carolina a sj'stem of purely pop- 
ular government that was destined, in less thaa twelve months, to 
sweep from tlie province every vestige of Royal government. This 
new government consisted of the Committees of Safety, as tiiey were 
called, that, in pursuance of the recommendation of the Convention,. 
began to be •organized in different parts of the province, the one in 
Rowan being the first, and that in Pitt being the second, of whicli 
we have any record. Usurping some new authority every da}', 
executive, judicial or legislative, as the case might be, their powers 
soon became practically unlimited. Tiiey determined not only wliat 
acts and opinions even constituted a man an enemy of his country, 
but passed upon his guilt or innocence and fixed his punishmenl. 
And woe unto that man wlioni tlie committee declared to be an 
"enemy to his country." 

Seeing the drift of things, and foiled in his scheme to pi-event the 
province from sending delegates to Philadelphia, Governor Martin, 
in very despair and slieer helplessness, issued writs for a new Legis- 
lature, whereupon Colonel Harvey issued a proclamation fur a new 
convention, to meet at the same time and place appointed by Martin 
for the meeting of the Legislature. This proclamation was met by 
a counter-proclamation from the Governor, but to no effect, for the 



PREFATORY NOTES 



delegates were duly fleeted, and the Convention met. The proceed- 
ings of the Continental Congress at Philadelphia were formally 
approved, including the celebrated Association of 20th October, 
1774. All the delegates, with a single exception, then signed the 
Association. The Legislature also met, but in such a frame of mind 
that on the fifth daj' of its .session, that is to say on the morning of 
the 8th day of April, 1775, the Governor issued a proclamation 
dissolving it forthwith, and thus ended the last legislative body that 
ever sat in North Carolina under Royal rule. And so in another 
trial of .strength with Royal rule popular government was tri- 
umphant. 

But these two coincident, contemporaneous legislative bodies 
deserve more than a mere passing notice. It will be remembered 
that though the people depended greatly upon the Assemblies for pro- 
tection, they had found that 1 heir efficiency in that regard was greatly 
impaired bj' the power of the Governor to prevent their meeting 
and to dissolve them at pleasure. Under every Royal Governor, 
without a single exception, from Burrington, the first, «to Martin, the 
last, they had seen the evil effects of this tyrannical power, until it 
had come to be hateful. It was this consideration, doubtless, that 
frenzied Harvey to sucli an extent when informed that Martin 
intended, by its exercise, to prevent North Carolina from taking her 
rightful part in continental consultations. " He was in a very vio- 
lent mood, and declared he was for as.sembling a convention inde- 
pendent of the Governor, and urged upon us to co-operate with 
him," said Sam Johnston, and it was doubtless because the people 
saw that executive control emasculated the Assembly that they .so 
quickly and ^o unanimously fell into the suggestion of convening 
a body that should be absolutely without such control, or, indeed, 
without any control fave that which they themselves might choose 
to exercise. 

The people were not dissatisfied with the members of their Assem- 
blies, but with their want of power when in session as such under 

Roval Writs. Accordinglv while in August, 1774, thev began to 
■-3 



PREFATORY NOTES. 



send to NewBern to do their will bodies untrammelled by Royal 
instructions, and that might meet when it suited them to meet, and 
might sit as long as it suited them to sit, in defiance of all the 
gubernatorial prorogations and dissolutious that could possibl}' be 
fulminated against them, they selected for tlieir members the men 
whom they had been accustomed to send to the Assemblies. Nota- 
bly was this the case in April, 1775, so that though there were two 
bodies in appearajice there was only one in fact. One body was 
called the Assembly and the other was called the Convention, and 
both met in the same town and in the same room, the Convention on 
the 3d and the Assembly on the 4th. .John Harvey was in each 
presiding officer, being called Mr. Moderator in the Convention 
and Mr. Speaker in the Assemlilv- Of the Assembly there were 
only fifty-two members answering to roll-call. In the Conven- 
tion there were sixty-seven so answering. Every member of 
the Asse ably present was a member of the Convention, and on 
duty as such, save Ralph MacNair, of Orange, who afterwards 
became knovn as a Tory. Some of the gentlemen, however, 
who were members of both bodies appear, either by accident or 
design, as members of the Convention only. This fact, and the 
further fact that there were delegates who wei-e not Assemblymen, 
appointed in some counties for special reasons to attend tlie Con- 
vention, account for tlie larger number present when sitting as a 
Convention than when sitting as the Assembly. The two bodies 
met, as we have seen, in the same room, and usuall}', as the Conven- 
tion, with Mr. Moderator Harvey in tiie chair. When, however, the 
Governor's private secretary was announced at the door, in an 
instant, in the twinkling of an eye, Mr. Moderator Harvey would 
become Mr. Speaker Harvey, without the change of a muscle or the 
turn of a hair, and gravely receive his Excellency's message. Was 
there ever a more striking illustration of supreme contempt for a 
government than that siiown by North Carolina for Royal authority 
in those early April days in 1775? How impotent and helpless 
Royal (iovernor .Martin must have felt, to be compelled to recognize 



PREFATORY NOTES. 



as an Assembly, under Royal writ, a body of men already in session 
as a popular convention, in defiance of his repeated proclamations, 
and how humiliated to be compelled to "approbate," as Speaker of 
that Assembly, the head and front of the popular body, its presiding 
officer indeed, and the very man whoso happy audacity had inspired 
the people thus openly to signify their opposition to royalty and 
their contempt for its representatives. It must have been a hard 
thing for proud Royal Governor Martin thus to "approbate" bold 
democratic John Harvey. And yet he dared not refuse, though 
clothed with full authority to do so under the law. 

Tlie Convention adjourned on the 7th of April, and the Assembly 
was dissolved the next morning. The end was now fully in sight, for, 
as we have said, the Governor had again formally measured strength 
with the people and had been ignominiously beaten. But with emis- 
saries already among the Scotch, with cannon and small arms and 
amnumition soon to come from General Gage, and with the help he 
was daily asking from Great Britain, he by no means despaired of 
final triumph. Meanwhile, the Committee government took firmer 
hold every day, every day usurped new powers and every day showed 
itself more despotic, and no help came from Gage or from the Scotch, 
and none from Great Britain. 

On the litth of Aiuil, 1775, a detachment of British troops, sent 
out from Boston by General Gage to destroy certain colony stores at 
Concord, fired upon a handful of citizens at Lexington, and con- 
tinuing tlieir march to Concord, met another body of citizens, before 
whom they were forced to retreat, with comparatively great loss. 
On that day forty-nine Americans were killed and thirty-four 
wounded. The lo.ss of the British was two hundred and seventy- 
three. American blood had been spilled upon American soil by 
ruthless British soldiers, and cried out for vengeance. In North 
Carolina the cry was answered wherever heard, and events followed 
each otiier with winged feet. As we have said, American blood 
had been spilled by British soldiers, a fact that our ancestors knew 
full well how to take advantaoe of Evervwhere the news was used 



PREFATORY NOTES. 



purposely and with great effect, to inflame still further the puhlic 
mind. Wherever a public meeting was held or a public paper 
was prepared, the fact that American blood had been shed by Britislj 
soldiers was formally recited as the crowning act of a life-time of 
wrongs. It took just thirty days for the news to reach Charlotte, 
where, on the 19th of May, it found the Committee in session. All 
ordinary business was postponed, and some time after midnight the 
famous Mecklenburg Declaration of Independence was finished, and 
on the next day read to the public from the court-house door. 

Meanwhile the committees were hourly growing recklessly bolder 
and sharply more vigilant. Governor Martin's movements were 
closely watched and his correspondence "violated" whenever oppor- 
tunity offered. His purpose to raise the ro3'al standard in the 
province at an early day Avas well known. The story of his efforts 
to incite the slaves of the East to rise in rebellion against their 
masters, the story of his efforts to instigate the Scotch to take up 
arras in the centre, and the story of the King's orders to bring the 
bloody Cherokees upon the people of the West had each been pub- 
lished and had done its work, and altogether the Governor had 
been effectually made odious. 

On Tuesday, the 23d May, 1775, the Governor having that morning 
dismounted certain guns in the town, the Committee at NewBern, with 
Abner Nash at its head and the people of the town at its back, waited 
upon him at the Palace and desired him to remount them at once. 
The reason for dismounting the guns was, that the Governor had 
been repeatedly informed that the Committee intended to seize 
them by force, as was actually done a day or two later. He pre- 
varicated, however, as to his lairposc and seemingly satisfied the 
Committee for the moment, but only for the moment, as he well 
knew. 

The end was now fully come. Without a man or a gun to 
Enforce his authority, and personally odious, -losiah Martin saw 
that he was no longer a Governor, but a prisoner in the Palace 
under the strictest surveillance, and that immediate flight was his 



PREFATORY NOTES. xxxvxi 

only resource. Accordingl}^ as he said, he "immediately" shipped his 
family to New York, and "almost at the same time" himself sought 
safety under the protecting guns of the British sloop-of-war lying 
at the mouth of the Cape Fear River. And thus, in less than four 
years from his coming to the province, Governor Martin was a 
fugitive from his capital, a capital his eyes were never again to 
behold, flying for his liberty, if not for his life; and thus was the 
end of Royal rule in North Carolina. 

And well might any Royal Governor, no matter how stout of 
heart, quail to find himself at the mercy of a province that thought 
he and his Royal master were seeking to compass its subjugation by 
means, at one and the same time, of a servile war in the East, an 
internecine war in the centre, and an Indian war in the "West, 
with all the relentless cruelties, the atrocities, the horrors and the 
barbarities these modes of warfare implied. ' 

Nor does the result seem to have been altogether unexpected. 
As early as April, 1774, William Hooper of the Cape Fear wrote 
to .James Iredell of the Albemarle section saying, in just so manj' 
words, that the American colonies were "striding fast to inde- 
pendence." 



It must be remembered, in this connection, that North Carolina 
had no special interest in the immediate cause of the movements 
against Great Britain. The shutting up of the port of Boston man- 
ifestly would not injuriously affect the port of "Wilmington, but, on 
the contrary, would, in all probabilitj'', increase its trade. It appears, 
therefore, that North Carolina went into the contest, not from anj' 
pecuniary interest in the premises, but on principle, and that when 
she said the cause of Boston was the cause of all, she meant to avow 
her readiness to resist British oppression wherever it might show 
itself in America, and that she really meant what she said the event 
demonstrated. The merchants of "Wilmington dispatched one of 
their own vessels with provisions and supplies without even freight 
charges for the relief of the people of Boston, who had come to much 



PREFATORY NOTES. 



suffering because of the loss of their trade. Nor was Wilmington 
the only point in North Carolina from which relief was sent to Bos- 
ton. A little printed scrap of torn paper that has come down to us 
tells its own stor}-. Though yellow with the dust and stains of more 
than a hundred years, it speaks trumpet-tongued of the generous 
patriotism of North Carolina in that day. It reads as follows: 

ADVERTISEMENT. 

New-Bern, -January 27, 1775. 

PUBLIC NOTICE is hereby given that Mr. John Green and Mr. 
John Wriglit Stanbj, Merchants in New-Bern, have agreed with, and 
are appointed by, the Committee of Craven County, to receive the 
subscriptions which is now or may hereafter be raised in the said 
County for the relief of the distressed inhabitants of Boston, and to 
ship the same to Salem as soon as the several subscriptions are 
received. 

Proper stores are provided by the said gentlemen for the reception 
of corn. Pease, Pork and such articles as the subscribers may choose 
to pay their subscriptions in. 

Those gentlemen, therefore, who have taken in subscriptions either 
in money or etfects are desired to direct the same to be paid or deliv- 
ered to the above named Mess. Green and Stanly on or before the 
middle of March next ; and to send as soon as possible an account 
of the subscriptions which are or may be taken, by which they may 
be governed in receiving. R. COGDELL, Chairman 

But suppo.se it had been the port of Wilmington instead of the 
port of Boston that had been closed, would Massachu.setts have rung 
with the cry that the cause of Carolina was the cause of all ? 



During Governor Martin's administration North Carolina lost 
three of her most distinguished sons, one in a rij^e old age, for that 
day at least; one in the prime of life, and the third lacking many 
years of the allotted three-score-and-ten. Two were natives here 
and to the manner born, and typical sons of the soil, of the very 
highest type, indeed, but still truly ty})ical North Carolinians, one 



PREFATORY NOTES. 



from the Cape Fear and the other from the Albemarle section. The 
third was of Irish birth, but earl}^ and thoroughly acclimated here. 
Samuel Swann, son of Major Samuel Swann and his wife Elizabeth, 
daughter of Major Alexander Lillington, was born, says the family 
chronicle, "the 31st day of October, 1704,'being Tuesday, at 1 o'clock 
in the afternoon, the moon being full at 12 o'clock, and was bap- 
tised the 23rd day of August, 1705." AVilliam Swann, the grand- 
father of Major Sam Swann, settled Swann's Point, opposite James- 
town, Vii'ginia, of which " city " he had been an alderman, and died 
there in 1638. There his descendants continued to reside until 
Major Swann came to North Carolina, in 1094, as his Majesty's col- 
lector of customs for the port of Roanoke, deputy for one of the 
Lords Proprietors and surveyor of the colony. His first wife, the 
daughter of Governor Drummond, having died, he married a 
daughter of Major Alexander Lillington, by whom he had two 
daughters and two sons, all of whom were yet in tender infancy 
when, in 1707, Major Swann himself died. A few years later Mrs. 
Swann married Colonel Maurice Moore, and it was under the care 
of his step-father. Colonel Moore, and the society of his uncles, 
Edward Mosely and John Porter, and his brother-in-law, John 
Baptista Ashe, that young Sam Swann grew up to manhood. He 
became a practical surveyor, and in 172!) was a surveyor for the 
Commissioners who ran the dividing line between North Carolina 
and Virginia, and, to their honor, be it remembered, that while the 
Virginia surveyors, on reaching the great Dismal Swamp, went 
around it, the North Carolina surveyor's party went through it, and 
Sam Swann was the first white man ever to cross that swamp. For 
some years he continued the business of surve3'ing, and then became 
a lawj'er. He was chosen to represent Perquimans County in the 
Assembly of 1725, and continued a member of that body for a period 
of forty years. In 1731 he removed to the Cape Feai', where he had 
previously obtained some interests, and where all of his family con- 
nections settled, locating at Swann's Point, below Rocky Point, but 
afterwards resided in Wilmington. He early took a leading part 



PREFATORY NOTES. 



ill the Assembly, and in 1742, \Yhen his uncle Edward Mosel)', who 
had for many years been Speaker, was transferred to the Upper 
House, he was chosen his successor, and continued to occupy the 
chair, except for two years, until 17G2, when he declined a re-elec- 
tion on the score of ill-healfh. The period of his activity was a most 
important one in the life of the colony. It was the formative stage 
of our institutions. The settlement was just emerging from infancy, 
and the foundations of the State were being laid. The principles 
underlying the rights and privileges of the people had to be con- 
.stantly asserted against the prerogatives of the Crown so aggressively 
and persistently claimed by subservient Governors. Clear heads, 
patriotic hearts, strong resolution and great firmness were requisite 
to maintain the ancient freedom of the people against the encroach- 
ments of the King's representative. Associated in youth with leaders 
devoted to popular rights, Swann was fully imbued with their polit- 
ical prin-ciples, and resolutely carried forward the woi'k they had 
begun. From his first appeai'ance in the Assembly, in 1725, that 
body was in antagonism with the Governors, and toward the close 
of his career the antagonism was in some measure with the Crown 
itself; and so heartily did Swann commend himself to the people 
that he was frequently chosen to represent Counties where he did 
not reside, and on one occasion was elected by two Counties to the 
same Assembly. Twenty years of almost continuous service as 
Speaker, then the highest position in the gift of the people, attest his 
commanding influence. Indeed, Governor Johnston, complaining 
of the control he exercised, states tliat he had the habit, while occu- 
pying the chair, to tell the Assembly what they should do. It is 
true he wielded the influence of a united people, and, while checking 
and thwarting all efforts to extend the Royal prerogatives, directed 
the course of events and laid down the lines on which the Govern- 
ment was developed. 

Tlie laws of the colony were the acts of 1715-'16, of which some few 
imperfect manuscript copies were to be found, and modified by the 
acts of each successive legislature, which also were in manuscript. 



PREFATORY NOTES. 



The state of the law was then very uncertain, and an effort was 
made to reduce the legislation of the province to some order and 
system. Swann, because of his familiarity with the laws, was 
appointed on a committee to revise them ; and again, in 174G, he, 
with Edward Mosely, was authorized to make a further and complete 
revisal. This revisal was published in 1752, and is the first book 
printed in the colony. It is known to this day as the Yellow Jacket. 
An appropriation was made to establish public schools, and for setting 
up a printing press in the colony, and had it not been for the checks 
interposed by the Governor and the Crown, and for the interrup- 
tions that sprang from the Indian wars, entailing large expendi- 
tures and draining its resources, the improvement of the province 
would have been very marked. Efforts were made to establish a 
permanent capital also, to have a more orderly court system, to pro- 
vide better depositories for the preservation of the records and to secure 
an independent judiciary, by imposing such qualifications as would 
lead to the appointment of North Carolinians to judicial position. 
In all these matters Swann took a leading part, but iji none was 
his influence more felt than in those measures specially tending to 
bring the King's prerogative within the limits recognized in England. 
Versed in the law, familiar with the acts of the Assembly, with 
the charters and with the fundamental principles on which the tra- 
ditional liberties of the people were based, Swann sought to direct 
the afitvirs of the commonwealth on lines of progress, but develop- 
ing always the idea of the people's right to self-government. This 
led to frequent collisions with the Governors, and Governor John- 
ston arbitrarily silenced him, as a lawyer, for a time, but without 
avail. Governor Dobbs, too, found in him an opponent who would 
proceed to the last extremity. His high personal character, his 
strong family connections, his learning and his devotion to the 
interests of the province, rendered him more than a match for the 
representative of the crown in everj' conflict that arose. 

These diff'erences largely spr.mg from the determination of Swann 
to put the provincial Assembly on t!ie footing of tlie Britisli 



PREFATORY NOTES. 



House of Commons, with like privileges and powers as to the 
purse and legislation, and without greater control on the part of 
the Crown than existed in England. They manifested themselves 
more especially when appropriations for the King were asked, in 
passing Court bills and in the appointment of agents to represent the 
affairs of the province before the Boards at London. The Assembl)'' 
claimed that the agent represented that body, and it appointed 
Swann and his two nephews and Treasurer Starkey the Committee 
of Correspondence, and they conducted all the affairs of the prov- 
ince in England. In the Court Law struggle in 1760, he was bold 
to the extreme. The Governor, not manifesting any favor toward 
the Court Bill then pending, Swann, with the whole body of the 
Assembl}^ at his back, waited upon him and formally notified him 
that the Assembly had determined to proceed to no other business 
until the fate of the Court Bill was ascertained, meaning thereby 
that a much desired appropriation would not be made unless the Court 
Bill was first approved, the fear being that if a bill for the a^jpropri- 
ation should be first passed, the Legislature would be prorogued or 
dissolved before that for the Court Law could be acted upon. Some 
days later, the same House, Mr. Speaker Swann being in the chair, 
locked its doors and the members being sworn to secrecy, framed 
articles of impeachment for high crimes and misdemeanors of the 
gravest character against the Governor, to be presented to the King, 
an arraignment unsurpassed in the annals of American historj' to 
this day, and unequalled unless by that in the Federal Declaration 
of Independence on the 4th July, 1776. These efforts on the 
part of Swann and his coadjutors in the interest of the province 
were ascribed by Governor Dobbs to "a republican spirit of inde- 
pendency rising in the colony" that he was continually asking to 
have his hands "strengthened to oppose and suppress." The Assem- 
bly, he said, thought themselves entitled to all the privileges of a 
British House of Commons, that they ought not submit to His 
Majesty's Pi'ivy Council further than the Commons in England, or 
to His Majesty's instructions to liis Governor, who.se powers they 



PREFATORY NOTES. 



would resist aud place in a junto of the Assembly composed of 
Mr. Swann, his two nephews George Moore and John Ashe, and 
Treasurer Starkey. The republican spirit for which tliis province 
was so notorious, he said, also rendered his efforts ineffectual, 
and further, "that it was frequently hinted that if he would be 
silent and let the heads of the Republican party ingross the execu- 
tiv6 power of the Crown, his administration would be easy and 
happj';" that they opposed everything that proceeded from the 
Crown as inconsistent with and oppressive of the rights and lib- 
erties of the peo})le. The struggle, begun in Mosely's time, to 
maintain the chartered privileges of the people, had come at last to 
this complexion, aud during his long service Swann had so exalted 
the Speakership, and had so securely established the rights of the 
Assembl}', that the Speaker had become a more important person- 
age in the pi'ovince than the representative of the King himself. 
After retiring from the chair Mr. Swann continued the practice of 
the law until his death in 1772. 

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



PREFATORY NOTES. 



'General Waddell was evidently a born soldier and, though so 
young, doubtless trained and disciplined, though there is nothing to 
show where he got his training, if any he had, before serving under 
Colonel Innes. But whether trained or not, wherever firing was to be 
heard there young Waddell was sure to be, and certainly as an 
Indian fighter he was without an equal in the Province. Physically 
he was a powerful man, of large stature, having not only unusual 
length of limb but great breadth of chest, activity, strength and 
endurance in a rare degree. He was, too, a n:ian of no ordinary 
mental calibre, fertile in resources and quick and ready in making- 
use of them. Many traditions remain showing the personal charac- 
ter of the man. 

For seven years, covering all the Indian troubles, he lived and 
fought on the frontiers and was the leader an I commander, /aciie 
princrps, in meeting every danger, so that the country and the 
people were alike familiar to him. And that the people were accus- 
tomed so long to fight under Iiira, that they loved him and had con- 
fidence in him, explains why it was that ten j^ears nearly after he 
ceased to live among them, he was able to raise troops there when 
sent by Tryon to rouse the country for the campaign against the Regu- 
lators. He had been "through the war" with the frontiersmen, as we 
would say in this day, a seven years' war, it must be remembered, 
sharing all their dangers and all their hardships, and his hold upon 
their affections and ypon their confidence could not be broken. But 
civil affairs received his attention as well as military. In 1757 he 
took his seat as a member of the Assembly for the county of Rowan, 
the county in which Fort Dobbs was situated and in which he lived. 
In 1762, after peace was niade with the Indian.s, he married, and 
having removed to the low country, represented tlie county of Bladen. 
He married Mary Haynes, daughter of Cai^tain Roger Haynes, of 
the well-known "Castle Haynes," near Rocky Point, on Cape Fear 
River, and granddaughter of Rev. Richard Marsden, first Rector of 
St. James's Parish in the county of New Hanover. He died on 9th 
April, 1773, in his 39th year. 



PKEFATORY NOTES. 



An earnest patriot, with war the passion of his Hie, and possessing 
reputation, experience and capacity, General \\'addeirs career in the 
Revolution, had he lived and retained his health, would doubtless 
have been a great one. But he was cut off in the prime of life and 
just when his country most needed his services. 

The Harveys were among the first comers to the Albemarle sec- 
tion. They went there from Virginia, where, like the Swanhs, they 
had been settled for many years. Pos.sessing wealth and education 
as well as vigorous mental powers, they occupied a very prominent 
position in the Province for more than a century. .John Harvey, 
the great leader in the eventful times immediately preceding the 
Revolution, is the only member of the familj', however, with whom 
we have now to do. He was a native of the Albemarle shore, and 
a citizen of the county of Perquimans. Endowed by nature with 
a vigorous mind, and having enjoj'ed the most liberal opportunities 
for its cultivation, he added the ornaments of an education to the 
hereditary qualifications of a polished gentleman, that so eminently 
distinguished his character. His first appearance in public life seems 
to have been as a member of the Assembly in 174G, when Governor 
Johnston, by illegal and fraudulent "management," as he termed it, 
sought to deprive the Northern Counties of their accustomed repre- 
sentation in its Assembly. During the eight years following, Per- 
quimans not being represented, his name does not appear, but from 
the year 1754, the .Johnston law having been repealed by the 
crown and full representation restored, until his death, Harvey 
regularly represented his county in the Assembly, so that his career 
covered many of the most eventful years in our history. Indeed, 
he may be said to have been for thirty j'ears a prominent actor in the 
great struggle that ended in the overthrow of Roj'al government in 
North Carolina. Naturally of a bold, determined temperament 
Swann, though his elder in years, found in him a congenial spirit, an 
able coadjutor and in time a worthy successor. In 1766 he was 
elected Speaker of the Assembly, a station he filled, with but one 
interruption, to the close of the Royal government. Throughout the 



PREFATORY NOTES. 



turbulent period of the years 1767, 17(i8 and 1769 he j^resided over 
the deliberations of the Assembly, and received the unanimous thanks 
of that body at the close of each session. The arts and influence of 
Tryon having in the course of time paralyzed the whig party, 
in the Assembly of 1770, Harvey, who was vue of the few who 
could not be induced to pay court to Tryon, was succeeded by Cas- 
well, a gentleman more acceptable to Tryon as a personal and polit- 
ical friend. In the Assembly of 1 773, however, he was again elected 
Speaker, and found the office once more of the greatest dignity and 
importance. The Assembly from this period to the flight of Gover- 
nor Martin, was, strictly speaking, arrayed as a party against the 
Government; and during the whole of this time Colonel Harvey was 
the acknowledged leader of the opposition. He conducted them 
through the great controversy of the court law with its attachment 
ckuse, and the various other disputes" with the Executive and the 
Council. He was chosen Moderator of the first Provincial Conven- 
tion, as was most appropriate, not merelj^ because of his great promi- 
nence and his advanced views, but because from him the suggestion 
for the creation of such a body first came. He was Moderator, too 
of the second Convention, which by a happy inspiration of sublime 
audacity he ordered to meet in the same town and at the same time 
the Governor had ordered the Assembly to be in session, an inspiration 
well worthy to crown so great a life. Doubtless he was in another 
of his " violent moods." It was a very bold thing thus, to set the 
Royal Cfovernor at defiance, bold in .John Harvey to call the conven- 
tion and bold in the members to obey the call; a dangerous thing, 
too, for tlie game they were playing was one in which heads were 
stakes. But, as we have said, how impotent and helpless Royal 
Governor Martin must have felt to l}e compelled to recognize as an 
Assembly under Royal writ, a body of men already in session as a 
popular convention in defiance of his proclamation, and how humil- 
iated to be compelled "to approbate" as speaker of that Assembly 
the head and front of the popular body, its presiding oflicer indeed, 
and tiie very man whose happy audacity had inspired the people thus 



PREFATORY NOTES. 



ta openly signify their opposition to royalty and tlieir contempt for 
its representatives. It must have been a hard thing for Royal Gov- 
ernor Martin thus "to approbate" the bold, democratic John Harvey. 
Harvey, however, did not survive the Government whose downfall he 
had done so much to bring about. In less than two months he was 
in his grave. Indeed, Harvey was breathing his last while Martin 
was flying from the vengeance of an oul raged people. Colonel 
Harvey was remarkable for great decision of character and firmness 
in his political principles, and demeaned himself towards his oppo- 
nents, and more particularly the Governor, with a liaughty reserve 
that showed the bitterness of his opposition. Harvey's Neck, a point 
of land on Albemarle Sound, at the mouth of the Perquimans River, 
was the seat of this remarkable and illustrious family, which, for 
many years before the Revolution, was celebrated for its dignity, 
antiquity and wealth. The'changes of a century have left nothing 
but a few venerable and respected tombs to attest the magnificent 
ho.spitality and grandeur of the "Hou.se of Harve}'." * 

How well North Carolina must have been grounded in the f;iith 
to have shown no check in her course when Hugh Waddell, her 
greatest military leader, and .John Harvey, her acknowledged civil 
leader, went to untimely graves at the very outsetof the great strug- 
gle, and just when the}' were so much needed. 

* Jones's Defence of the Rt volutionary History of North Carolira. 



COLONIAL RECORDS. 



1771. 

[B. P. R. O. America & AV. Indies, Vol. 218.] 

Letter from the Earl of Hillsborough to Gov' Martin 

Whitkhall May 4, 1771. 
Sir, 

By the last Mail from Carolina I received several Dispatches from 
Gov' Tryon numbered 59. 60. 61 & 62. 

I observe by his Letters that the state of the Province, with regard 
to the Riots and Tumults which have lately prevailed there, is very 
unsettled, and that he thinks it is yet uncertain what turn the pub- 
lic Affairs will take. 

The King however very much approves the vigour which has 
been shewn in the proceedings against the Representative of Orange 
County, and as M"' Tryon observes that the Returns made by the 
Commanding Officers of the Militia, of such Men as were willing 
to stand forth in defence of Government, were in general favourable 
throughout the whole country : there is good ground to hope that 
the dangerous views of the Insurgents will be defeated, and I ti'ust 
by pursuing the same Measures which have gained so much credit 
to your Predesessor, yovi will have the merit of restoring peace and 
tranquility to the Province. 

You will observe that there are but ten Persons named in your 
Instructions to be of the Council, but the number is now completed 
to Twelve, the Lords of Trade having, upon the recommendation of 
Governor Tryon, proposed Sir Nathaniel Dukenfield, and Marma- 
duke Jones Esq" to supply two vacancies, and those Gentlemen 
having been approved by His Majesty for that Station. 

I am Ac" 
HILLSBOROUGH. 

VOL. IX — 1 



COLONIAL RECORDS. 



[B. P. R. O. America & W. Indies. Vol. 218.] 

Letter from Governor Martin to Earl Hillsborough 

New York May 7'^ 1771. 
My Lord, 

I have the lionour to inform your Lordship, that I received, on 
the 1" instant, through the hands of my Lord Dunmore, my Com- 
mission and Instructions, and that I shall with the utmost diligence 
repair to N" Carolina the first moment I am able to move: my own 
wishes; the present apparent state of affairs in that Province; and 
every other circumstance conspiring to urgemy departure. At this 
time I am closely confined by a severe indisposition with which I 
have been afflicted almost ever since I had the honour to acknowl- 
edge your Lordship's notification of my appointment, but my 
Physicians now, give me reason to expect, I shall be very soon in a 
condition to proceed on my voyage. I have the honor to be, with 
the greatest respect, 

My Lord, &c. 
JOSIAH MARTIN. 



[B. P. R. O. America & W. Indies. Vol. 318.] 

Letter from Earl of Hillsborough to Governor Martin 

Whitehall, 5* June 1771 
Sir, 

The Letters which I received from M' Tryon, by the last Packet 
from Carolina, contain the fullest Testimony of that Gentleman's 
Zeal for His Majesty's Service & of his \inweaj.'ied Endeavours to 
promote the Welfare & Prosperity of N° Carolina; and it gives the 
King great Satisfaction to find that he had in general been so well 
seconded in his laudable Views by the other Branches of the Leg- 
islature. 

The Business of the last Session of General Assembly was equally 
interesting and important; & I have no Doubt that as, on the one 
hand, the Reasons -assigned by the Governor in support of those 
Bills to which he has given his Assent will obtain a Confirmation 
of such of them as require it, so on the other hand the People will 



COLONIAL RECORDS. 



readily acquiesce in the just Motives which induced the Gov' to 
reject some of the Bills offered to him. 

Amongst those Bills which fall under the last Description, that 
for better Collection of the Quit Rents certainly deserves Attention; 
& as I trust that the same good Disposition which first induced a 
Consideration of that Measure will weigh with the Assembly to 
revive it in a subsequent Session, I will endeavour before the next 
Packet sails to obtain a Consideration of the Bill by the Treasury 
Board, so that I may be enabled to send you such Instructions 
thereupon as will leave you under no Difficulties in case a Bill of 
the like kind should be again proposed. 

It is with great Pleasure I acquaint you that the Queen was 
happily brought to bed of a Prince this Morning, & that Her Majesty 
& the young Prince are as well as can be desired. I most heartily 
congratulate you upon this Increase of the Royal Family, an Event 
which gives the greatest Satisfaction to all His Majesty's Subjects. 

I am &c* 

HILLSBOROUGH. 



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

COUNCIL JOURNALS. 

At a Council held in the Council Qliamber at the Palace in New 

Bern Monday T' July 1771 

Present 

His Honour James Hasell Esq' President & Commander in Chief 

mu TT 1 1 f John Rutherford Martin Howard & 1 t^ 

The Honble •( j.^^^^,^ p^^j^^^, g^^^^^^ ^^^^^^^^ j Esquires. 

His Honour the President directed to be read His Majestys Com- 
mission to His Excellencv William Tryon wherein it is appointed 
on the death or absence of the said Governor, That the President 
of His Majestj-'s Council take upon him the administration. And 
His Honour 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 Majesty's Reign Intitled an 
Act for the further security of His Majesty's Person and Govern- 
ment and the succession of the Crown in the Heirs of the late 
Princess Sophia being Protestants and for extinguishing the hopes 
of the pretended Prince of AVales and his open and secret abettors.. 



COLONIAL RECORDS. 



His Honour also made subscribed and administered to the said 
Members of Council the Declaration mentioned in an Act of 
Parliament made in the 25'" year of the Reign of King Charles 
the second, Intitled an Act for preventing dangers which may 
happen from Popish Recusants. His Honour also took an Oath 
for the due execution of His Office as also the Oath required to 
be the 4"' of George the Third by Governors of Plantations. 

Plis Honour was pleased by and with the advice and consent 
of His Majesty's Council to order a Proclamation in the following 
words — 

North Carolina 

By the Honorable James Hasell Esquire President and Com- 
mander in Chief in and over the said Province. 
A Proclamation. 

Whereas By the appointment and removal of His Excellency 
William Tryon Esquire to the Government of New York the 
administration of the Government of this Province hath devolved 
on me, And whereas it is necessary for the Peace and good Gov- 
ernment of this Province that all officers therein both Civil and 
Military should hold themselves continued in their several places 
and employments. I have therefore thought fit to issue this Proc- 
lamation by and with the advice and consent of His Majesty's 
Council that all Persons in any office place or employment Civil 
or IVfilitary in this Province shall be "and hold themselves con- 
tinued 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 accord- 
ing to his place, office or charge to proceed in the perfonmince and 
execution of all duties thereunto belonging. And furtlier 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 peril. 

Given under my hand to which I have caused to be affixed the 
Great seal of this Province at New Bern this 1" day of July 1771 

JA'. HASELL. 
By His Honours Command 

W". Palmer, Dep. Sec'^. 



COLONIAL RECORDS. 



[B. P. R. O. America & W. Indies. Vol. 218.] 

Letter from the Lords of the Treasury 

Treasury Chambers 2 July 1771 
Sir [John Powxall], 

A Petition of Alice Heron, Widow and Executrix of Benjamin 
Heron Esq" deceased, late Deputy Secretary of the Province of 
North Carolina, having been laid before My Lord Comm" of His 
Majesty's Treasury, praying their Lordships to grant her an ample 
compensation for her late Husband's great fatigue, trouble & .service 
in forming an Abstract of all the Lands in the said Province which 
was performed by him, pursuant to Orders which he received from 
' Governor Tryou in consequence of His Majesty's Commands signi- 
fied to the Governor by the Earl of Shelburne. I am ordered by 
their Lordships to transmit the same to You, for tlie information & 
Opinion of the Earl of Hillsborough. 

I am Sir &c JOHN ROBINSON 



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

Rev* M' Reed to the Secretary. 

North Carolina 
Newbern July the 2" 1771. 
Reverend Sir, 

On Saturday last our worthy Governor took leave of this Province, 
and sailed from hence to the Government of New York. By this 
removal the clergy have lost a powerful advocate and a very sincere 
friend, and as the Bishop of London had granted him full j^ower 
and authority over the clergy, during his residence amongst us, I 
thought it needless to write to the Society, so long as I had the hap- 
piness of living under his immediate notice and inspection, being 
very sensible that his Excellency would not fail to acquaint both the 
Bishop of London and the venerable Society with every thing 
material relative to the clergy and the Establishment of the church 
of England in these parts. 

The Society I presume have been informed of an Act passed the 
last Session of Assembly authorizing Presbyterian Ministers to 
solemnize the rights of Matrimony, But lest by any accident the 



COLONIAL RECORDS. 



Governors Letters should have miscarried I have sent you a printed 
copy of the Act, inclosed. By the preamble, j'ou will perceive, that 
the Dissenters are very numerous in the Frontier Settlements. 
These settlements. Sir, have been the Seat of the late Riots, and of 
a very dangerous Insurrection and considering the great zeal with 
which the Bill was pushed b}' the Dissenting interest, and the dan- 
gerous Situation of the province from such a formidable number of 
mal contents, the Governor acted with the greatest prudence in 
passing the Bill with a suspending clause. For upon the fate of 
this, other Bills were dependent : and it was good policy to keep the 
Dissenters in as good humour as possible, at such a critical juncture. 
Should this Act receive the Royal assent, it would be a fatal stroke 
to the church of England, but as the Insurrection is entirely quelled 
I flatter myself with hopes that the Act will meet with a repulse. 

I am sorry to inform you that our little Academy is not in the 
most flourishing condition. The scarcity of money and the dearuess 
of Board very much disappointed M' Tomlinson's expectations, and 
obliged him to dismiss a very able assistant. He never wants suf- 
ficient employment for himself, and has generally upwards of Thirty 
Scholars, children of the Inhabitants of the Town, But several that 
live remote, and are desii'ous of sending their children, cannot get 
money to defray the expence of Board and Tuition, so that the ben- 
efit of the school at present is too local, and confined in a great 
measure to the Town of Newbern. However, I hope the Legisla- 
ture will very shortly find out some expedient to remove this obstacle 
and that the School will become more generally useful. 

I had the satisfaction last Summer to Baptize the Honorable chief 
Justice of this Province. He was bred and born an Anabaptist, but 
had never been baptized, and as I suspected that he might still 
retain a particular liking for Anabaptism, I offered to baptize him 
by total Immersion. But he refused and said his prejudices were 
vanished, and that he regarded the moral more than the mode, 
Ever since he has been a constant communicant. I have likewise 
baptized since Christmas last about one hundred and thirtj' White 
children, Two white Adults, and seven black children in my own 
parish, and about Twenty five White children and one A'dult in St. 
John's Parish. 



COLONIAL RECORDS. 



If you would condescend to inform me of the fate of inclosed Act, 
as soon as possible, the favor will be gratefully acknowledged by Sir, 
Your most obliged &c 

JAMES REED, 
j\Iiss'^ in Craven County. 

P. S. The Reverend M' Stewart the Society's Missionary at Bath 
died last Spring and has left a widow and four children, and his 
affairs in great confusion. 



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

Extract of a Report of Board of Trade upon considering an Act 
passed in the Province of North Carolina in January 1771 intituled 

An Act for Authorizing presbyterian Ministers regularly called to 
any congregation within this province to Solemnize the rites of 

Matrimony under the regulations therein mentioned. 

That this Act which is passed with a clause of suspension, pro- 
poses to repeal so much of a former Act for establishing an Orthodox 
Clergy, and also of one explanatory thereof, as relates to the prohi- 
bition of presbyterian Ministers from solemnizing the rites of Mar- 
riage by publication of Banns in their Meetings, or by Licence 
without paying a fee of twenty shillings to the Episcopal Minister 
as Incumbent of the parish, this prohibition by the Act now sub- 
mitted is intended to be taken off, and the presbyterian Ministers 
allowed to celebrate the rites of Marriage by publication of Banns 
in their religious Assemblies or by Licence first had and obtained 
without payment of any tax or fee for such Services to the regular 
Incumbent of the parish. 

This regulation may it please your Majesty appears to LTs to be 
exceptionable as being calculated to deprive the Orthodox Clergy 
of a fee or perquisite settled and imposed by Act of Assembly and 
in effect to operate as a Bounty to the tolerated Religion at the 
expence of the established, and we do therefore humbly propose to 
your Majesty to signify your Royal Disallowance of this Act. 



COLONIAL RECORDS. 



[B. P. R. O. America & W. Indies. Vol. 375.] 

M' Stuart [Indian Agent] to the Earl of Hillsborough 

Whitehall 3"^ July 1771. 
My Lord 

********* 

The want of a proper regulation for the Indian Commerce has 
long been the subject of very just Complaints and the source of 
disorders that cannot fail to have the most fatal consequences but as 
the King has thought fit upon the Ground of the Representations 
of the several 'Colonies that they were themselves the best Judges 
of what those Regulations should be to leave this matter entirely 
to them & to lay aside a Plan which the Board of Trade had with 
unwearied attention prepared for that purpose it is an evil that now 
admits of no other remedy but that of the several Colonies inter-' 

ested passing similar Laws in each Colony for that purpose 

and if the plan of which a Law was framed by you and commu- 
nicated to the Governors of each Colony separately it might have 
the consequence to facilitate so desirable an object. 

With regard to the Cession of Land proposed to be made to 
the Traders by the Indians in payment of Debts it is a Transaction 
that ought to be discountenanced as much as possible it will there- 
fore be your duty to represent to those Traders who inadvertantly 
grasped at any proposals of this nature made to them by the 
Indians that his Majesty does entirely disapprove such proceedings 
and in case the}' shall persist therein you will not fail to give me 
the earliest notice of it in order that the necessary steps may be 
taken to put a stop to such dangerous and unwarrantable practices. 

In the meantime I rely on your Attention that nothing of this 
sort is countenanced or carried on by your officers from any 
interested views of their own which I mention to you in caution as 
I observe that there has been some suspicion of this sort with 
regard to M' Cameron. 

I am (fee: 
HILLSBOROUGH. 



COLONIAL RECORDS. 



[B. P. R. O. Am. & W. Ind: No. Carolina. Vol. 318.] 

Letter from President Hasell to Earl Hillsborough 

NEWBERN-the 4"" July 1771. 
My Lord, 

I do myself the honor to acquaint j'our Lordship, that Governor 
Tryon, embarked with his Lady and Family, for New York, four 
daj's passed and delivered up to me, as first named and eldest 
Councillor His Majesty's Commission and Listructions — He con- 
tinued with us but a few daj^s, after his return from the Forces — 
No Governor ever departed from a people more loyal and affection- 
ately attached to him or his Administration nor more justlj' lamented. 
Your Lordship may be assured that I shall use my utmost endeavors 
and think myself exceedingly happj^, should I discharge the impor- 
tant trust reposed in me, in .such manner as to merit his majesty's 
approbationj nothing in my power to do or attempt shall be want- 
ing on my part. 

The first instant I summoned a Council and qualified as Com- 
mander in chief, conformable to the Listructions. 

The Troops that marched from hence with the Governor against 
the Insurgents returned here, the second instant in high Spirits 
bringing with them, part of the arms taken at the Battle of 
Alamance from those detestable Rebels, who are now by His 
Excellency's wise and prudent conduct reduced to reason and 
thoroughly convinced of their foil}' and madness. Above six thou- 
sand of them have submitted to government and taken the Oaths 
prescribed, so that at this time the province remains in perfect 
tranquility and I am under no manner of apprehension of any 
future attempts, to disturb the quiet of the country. 

M' Martin the present Governor continues indisposed at New 
York. 

All commands which I may have the honor to receive from 
j''Our Lordship, you may rest assured, shall be b}' me most punctu- 
ally obeyed. 

I am with the highest regard, &c 

JA=. HASELL. 



10 COLONIAL RECORDS. 



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

Letter from Henry Eustace M°Culloh, Provincial Agent, to Com- 
mittee of Correspondence. 

London, 10"^ July 1771. 
Hon"' Gentlemen,' 

I Beg leave to refer j'ou to my Letters dated 30 March, & 25 July 
1770. To which I have not receiv'd the honour of any Answer ; 
Daily expecting Letters from you I deferr'd writing to you on that 
Account. I much fear some Miscarriage must have happen'd to 
them, — as soon as I may be so fortunate as to hear from you — I will 
write you full}^ in answer. Not having received any thing in com- 
mand from j'ou, — I have little material to lay before you; and the 
more so, as hardly anything of consequence relative to America 
took place in the course of the last Winter. — The first part of the 
last Sessions was entirely taken up with the Dispute with Spain, and 
the vast Exertions of Dispatch and Strength which the Brittish 
Empire manifested on the Occasion, and which doubtless were the 
means by which the General Tranquility was preserved: the latter 
Part of the Sessions was less happily engrossed by domestic Disputes 
which took up that Time which I am assured was better Intended 
to be applied to measures of public and General Utility, In which 
the Affair of America were to have been fully considered. — With 
much trouble and Application I however procured the Act for the 
Bounty on Staves from America Imported into this Kingdom ; It 
met with many Objections from Suhdry Persons Interrested to 
oppose it — I inclos'd it to you and hope if due Attention is paid to 
it, it may prove the means of adding a Considerable and Advan- 
tageous Branch to your Exportation ; — The Bounty is thought to be 
considerable. — The Act of Parliament granting a Bount}^ on Timber 
is near expiring, and Avas left over to the next Session, when I shall 
exert myself to have it renewed with greater Encouragem" and on 
a Plan much more suitable to the American Timber. — The Acts 
relative to Naval-Stores are also to be revised with a View to ease 
and benefit the Trade. — The Scheme of reducing the Bounty will 
not I believe be again revived. Many other Things advantageous 
to the Trade of America I am well assured are to be taken into con- 
sideration next Winter, to everj' of which, in which the Interest of 
the Province may be any Ways advanced, permit me to assure you 
of my best Attention. 



COLONIAL RECORDS. 11 



His Majesty has been pleased to issue an Instruction to his Gov- 
ernors of North and South CaroUna relative to the dividing Line 
between the two Provinces. I insisted as far as in my Power, on 
the Propriety and justness of continuing the Line in a due West 
direction, and Desired on Behalf of the Province, that Time might 
be given to offer their Objections against any Alteration; — His 
Majesty however has been advised to order the Line to be run so as 
to include the Catawbaw Indians, and to also direct, that it shall 
run up the main Stream of the Catawbaw River — from where it 
enters the Catawbaw Tract, to where the Paver forks, and from 
thence a due West Line to the Cherokee Line — by which means 
many Settlements on Broad-river are thrown into South Carolina. 
Declaring always that I had no Authority or Instructions from the 
Province on this Subject, and protesting against the present Arrange- 
ment — I refused, when applied to, to take out the Instructions from 
the Offices — and the more so, as there is a Charge on the same for 
Fees to the Amount of £35 : 16 Sterl« which I shall pay, if I receive 
directions, but not without. I am extreemly concerned to hear that 
the Internal Disturbances of the Province continue. The Expence 
which will necessarily be incurr'd will probably eompell another 
Emission of Treasurers Notes or some such Expedient. The Danger 
of Counterfeits, to which the Provincial Notes and Bills of Currency 
have hitherto been exposed prevails upon me to submit to you, 
whether, in such an Event as before mentioned, the Assembly would 
not do well to direct the plates to be prepared here ; Should they giv* 
me their Orders on this Occasion, I cannot help thinking every 
possibility of Fraud might be guarded against, — Papei* such as the 
Bank uses, with the name of the Province in the Grain might be 
procured. The Plates might be engraved under the Eye of the 
Person intructed to procure them, without being ever out of his 
Custody, and the necessary Number struck off, and the Plate 
destroy'd, sent over to you ; the Agent certifying on Oath that the 
Plate and all the Paper not used was destroyed, and no part remains 
in his hands, or any other's to his knowledge. The large Bills 
might have the Sums prickt in. Such Bills properly signed, could 
scarcely be ever imitated with the least Hopes of Success. I submit 
these Things with all due Deference, and from no other motive than 
my Zeal for the Honour and Safety of the Province in so great and 
so general an Object as the credit and Certainty of their public Cir- 
culating Medium. 



12 COLONIAL RECORDS. 



The Expence which the Pro^dnce will have incurred in restoring 
General Peace and Order appears to me to have many and good 
Pretensions to the Favour and Contribution of Government here; 
nor can I prevail upon myself to think that a regular Application 
of the Gener' Assembly of the Province for a Grant or Sum of 
Money to reimburse and satisfy them part of such Expence would 
be unsuccessful : If the General Assembly think this Hint worth 
their Notice, and will prepare and transmit to me such an Aj^plica- 
tion, I will exert myself to the Utmost to carry it thro'. 

Permit me through you to observe, that the Act for my Appoint- 
ment as Agent expires next December, and that I shall think myself 
honoured in the continuation of the Appointment. The same Zeal 
animates me, and I hope the same favourable Opinion thereof con- 
tinues in the Gentlemen of the Assembly. 

I am with perfect Respect &c 

HENRY E. ]\PCULLOH. 
To the Hon'''" the Committee of 

Correspondence in North Carolina. 



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

Letter from Alexander Ehnsly to Samuel Johnston, Esq. 

London 27 Julv 1771 
D^ Sir 

I have not heard from you the Lord knows when I was afraid you 
might have been one of the Heros of the Hawfields and as an 
Obnoxious Character fallen a Sacrifice to the fury of the regulating 
patriots, But McCulloh tells me the Northern men hung an arse 
under i^retence of want of money. Money 'tis true is the sinews of 
war, but I'm afraid, the true reason was something Else. Tlie regu- 
lating Spirit had begun to make its appearance j'ears ago among.st 
yourselves, and I should not have been much surprised if I had 
heard that your Battle had been fought on the Banks of Pasquotank 
River, instead of AUemans or Haw river or wherever else it has 
happened, for we know nothing of the matter here except what 
Jamie Parker has wrote us, and his Information he says he had at 
5th or 6th Hand. But let that matter be as it will, this serves to 
acquaint you that Col' Lawrens has remitted ^£500 more for you 
Since my last advices, which is at your Command. When you draw 



COLONIAL RECORDS. 13 



however foi* any Considerable sum make yonr draught payable 3 
daj's after sight, because I am, as at present, sometimes a resident 
in the Country and nobody but myself can draw ou the Bank. 
My Compl" to your Family 
I am D' Sir 

Your affec" friend 

& h^'° Ser' 

A. ELMSLY. 
Tell M' Charleton that his Boy wrote him by a Lawyer who went 
out in Col' Taylows Vessel, under Cover to A Cox Baily. 



[B. P. R. O. Am. & W. Ind: No. Carolina. Vol. 218.] 

Letter from President Hasell to B"* Trade 

Newbekx the S"' August 177L 
Sir, [.John Pownall E.sq] 

I received your packet of the 31^' April last which contained 
twelve printed Coppies of the process used in Sweeden for the 
making of Tarr, transmitted by the direction of Lord Hillsborough, 
as Governor Martin is not yet arrived from New Yorke, where I 
apprehend he may have been detained by sickness — I will take 
due care that those Books shall be distributed in the best manner I 
can possibly contrive so as to answer his Lordship^ benificent and 
publick sjsirited intention. 

I am with great esteem &c 

JA^ HASELL, 



[B. P. R. O. Am. & W. In-d: No. Carolina. Vol. 218.] 

Letter from President Hasell to Earl of Hillsborough 

Newbern North Carolina 9 August 1771. 
My Lord, 

I am to acknowledge the Receipt of Your Lordships letter. No. 1, 
directed to Governor Martin and in his absence to the Commander 
in Chief of this Province, As he is not yet arrived I apprehend 
Indisposition has detained him at New York. When Governor 
Tryon left this Province he acquainted me that he intended to 
inform your Lordship of his procedure against the insurgents. 



14 COLONIAL RECORDS. 



They appear at present thoroughly convinced of their having been 
deceived and imposed on by the seduction of a few Turbulent 
villains who had formed a distracted scheme of overturning this 
government and thereby throwing the Country into Anarchy and 
confusion but under the gracious protection of the Almighty, his 
Excellency's Vigorous and prudent conduct has frustrated their 
infernal designs, so that this province is now restored to peace, 
the preservation of which shall be my constant study and endeavour. 
By a letter I received by Express from Governor Eden of Mary- 
land, dated the 9 last month he acquainted me we had information 
that Hermon Husbands the chief Ringleader of the Rebels with 
eight or ten of his associates were in that province and that the 
difficulty of proving the Identity of his person made him delay 
attempting to arrest him until he heard from hence, I ansM^ered 
his letter by the same express and sent with him a young man I 
had obtained of good Character who lived many years among the 
insurgents and knew most of their ringleaders and could swear 
particularly to the identity of Husbands. I also sent the copy of 
two Proclamations issued here offering large Rewards for taking 
them and informed Governor Eden that I had wrote by the same 
Express to M'. President Nelson of Virginia acquainting him with 
the intelligence I had received and requested his Endeavours to 
procure the Magdalen Cutter or the man of war that was then in 
Virginia to proceed to Maryland in Order to bring them securely 
to Newbern should they be taken. I also wrote to M' President 
Hamilton of Pennsylvania requesting his assistacce in having 
them apprehended in case they should fly from Maryland with an 
Intention to shelter themselves in his government. By these pre- 
cautions I rest in full expectation that Husbands may be taken 
and brought to suffer at that Tribunal which he has so daringly 
insulted and opposed; An Event which would effectually restore 
and permanently establish the peace and tranquillity of this gov- 
ernment. Your Lordship may be assured that for the short Time 
I may have the honor to be intru.sted with the Administration I 
shall constantlj' use my utmost Endeavours for its support and 
most punctually obey every Command I may have the Honor to 
receive from j'our Lordshii?. 

I am my Lord &c 

JA^ HASELL. 



COLONIAL RECORDS. 15 



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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber in the Palace at New 
Bern Monday the 12"" August 1771. 
Present 
His Excellency Josiah Martin Governor 

Th TT 11^ James Hasell and ^ F r i •p'? 

\ Martin Howard Samuel Cornell. J ^ 

His Excellency then produced His most sacred Majestys Com- 
mission or letters Patent, bearing date at Westminster the 19th day 
of January in the Eleventh year of His Majestj's Reign consti- 
tuting and ai^pointing him the said Josiah Martin His said Majesty's 
Captain General Governor and Commander in Chief in and over 
the Province of North Carolina, Which said Commission was read 
and duly published in the presence of the Gentlemen of the Coun- 
cil above named. 

Then His Excellency took all the Oaths ' appointed by Law, 
declared and subscribed the Test, also took the Oaths for adminis- 
tering the Government and for observing the Acts of Trade and 
Navigation heretofore made and now in force. Then the Council 
above named took the Oaths by Law appointed for qualifying 
Officers declared and subscribed the Test and took the Oaths of 
office and secrecy. 

Ordered that Plis Excellencys Commission be Recorded. Alsc 
Ordered that the following proclamation, be made forthwith, pub- 
lick property throughout this Province. 

North Carolina 

B}' His Excellency Josiah Martin Esquire His Majestys Captain 
General and Governor in Chief &c. in and over the said Province. 
A Proclamation. 

AVhereas, it is necessary for the Peace and good Government of 
this Province that all Officers therein, both Civil and IMilitary should 
hold themselves continued in their several Offices places and employ- 
ments until mj' pleasure be further known, I have therefore thought 
fit to issue this Proclamation, by and with the advice and consent of 
His Majesty's Council, and do herebj^ order, signify and declare, 



16 COLONIAL RECORDS. 



That all persons who now are, or at the time of the Promulgation 
of my Commission as Governor and Commander in Chief of this 
Province, duly and lawfully possessed 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 and 
employments, as formerly they held and enjoyed, 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 proceed in the 
performance and execution of all duties thereunto belonging, And 
further, I do hereby will and command all and singular His Maj- 
esty's Subjects in this Province, to be aiding and assisting at the 
Commandment of the said Officers, in the performance and execu- 
tion of the said Offices as they will answer the contrary at their 
peril. 

Given under my hand, and to which I have caused to be affixed 
the Great Seal of the said Province, at New Bern this Twelfth day 
of August, in the Eleventh year of His Majestys Reign, Anno. Dom. 
177L JO. MARTIN 

By His Excellencys Command 

W-M. Paljiek, D. See. 

God Save the King. 



[B. P. R. O. Am. & W. Ind: No. Carolina. Vol. 318.] 

Letter from Governor Martin to Earl of Hillsborough 

North Cakolina, Newbek^^j 

August IS"- 1771. 
I have the honor to inform your Lordship, that I arrived here 
on the 11"" instant from New York, after a passage of nineteen 
days, which is frequently accomplished in four or five a circum- 
. stance the more mortifying to me as I had been detained there 
by illness, long beyond my expectations, formed on the flattering 
encouragement of my Physicians. I suffered my Lord during my 
tedious confinement all the anguish, that a man may be supposed 
to feel under the apprehensions of being suspected of delinquency 
highly aggravated by seeing Gov^ Tryon in my place, engaged in 
quelling at the expence of great fatigue & toil a dangerous insur- 
rection at a time, that I found myself utterly incapable of relieving 



COLONIAL RECORDS. 17 



him from ye difficult situation, to wliicli lionour & duty pressingly 
called me. The ability and address with which that gentleman 
has acquitted himself leaves me nothing to lament on the Pub- 
lick account, but for myself I feel sensibly in being precluded 
all share of the honour, attend^iig this very seasonable & glorious 
exertion of the loyal spirit of this Province, so happily directed 
by J\r Tryon to secure respect to the laws & to give vigour & 
stability to His Majesty's government. Arriving here on Sunday, 
I did not until -Monday morning, cause His Maje.sty's Commission 
to be published, which being done with all usual solemnity I took 
upon me the Administration of government & issued immediately 
a Proclamation, for continuing Officers in their respective Employ- 
ments receiving from the hands of M' President flasell, the seal of 
the Province from the hands of that gentleman. I have also 
received the late Governor's instructions, together with your Lord- 
ship's dispatches No. 1 , & 2, and a duplicate of the former. His 
Majesty's most gracious speech at the conclusion of the last session 
of Parliament, & from Acts relating to America. The arrival of 
Governor Tryon at New York on the 8"" of July, just when I was 
on tlie point of departure, in firm persuasion that I should meet 
him here and his assurances of the peaceful state of this country 
engaged me to postpone my embarkation a few days, in the hope of 
deriving usefuU information & instruction from him concerning 
the affairs of this Province, in which I was not disappointed and 
I should be wanting in justice to that gentleman if I omitted this 
occasion to acknowledge my great obligations to him for his free 
and open communication of which I should have more availed 
myself, if he had not been occupied as he was, between business 
and ceremony, on his arrival in his new government. _ By his 
advice and that of M' President ITasell a gentleman of great expe- 
rience in publick business and a zealous friend to government, I 
am induced to meet the present Assembly according to its Pro- 
rogation on the 10'" of October next, not in consideration only, of 
the great inconvgnience that would attend a general election at 
this season of the year but in assurance, that the present House of 
Assembly, by whose Act the expence incurred in suppressing the 
late insurrection was authorized and of which a Majority took a 
personal share in tliat service, will think themselves Engaged to 
provide for it without delay. This I consider as a matter of the 
last importance since it cannot be doubted that any difficulty in 

VOL. IX — 2 



18 COLONIAL RECORDS. 



this business would have a tendency to abate that glorious spirit of 
loyalty on a future Emergency, that hath manifested itself in the 
late commotions here and which I conceive it right by all means 
to maintain & cherish. I trust my Lord, that upon this ground 
I shall be justified in departing Trom the express letter of His 
Majesty's 12'" Instruction, whereby I am directed to call immedi- 
ately a New Assembly. It is computed, that the charge of raising 
forces &c in consequence of the Act of the last session of the Gen- 
eral Assembly, will amount to £40,000 Currency, -a large sum to 
the funds of this Country ! At the beginning of the preparation 
against the insurgents M' Trj'on found only £500 in the Treasury, 
to suppl}' therefore the present exigence, the Treasurer of the 
Southern district agreed to pay the Governor's Warrants, by prom- 
issory notes, an expedient which very well answered- and it was the 
only one that could enable the Governor to pursue the measures 
that the violence of the times made necessary, while he depended 
upon the resources of the Provinces, And without it his whole 
plan must have been defeated as appears by the default of the 
Northern District whose Treasurer did not employ the same sub- 
stitute for money. Hence a new species of Currency hath arisen 
on the faith of Public Credit, more obnoxious to counterfeit than 
any that hath yet obtained, as being signed by the Treasurer alone, 
whereas all the Paper bills heretofore emitted have borne various 
signatures and yet been found liable to that mischief. It has been 
I understand already represented that the Paper Currency of this 
Colony has been peculiarly discredited by the great quantity of 
Counterfeit money that has entered into circulation, with the various ' 
emissions. And it is an evil so pernicious in its consequences, that 
I am persuaded your Lordship will think it deserving immediate 
attention. The only remedy appears to be a new Emission of such 
extent, as may admit of the extinction of all the former emissions, 
supply the present exigences of the Province and be sufficient 
medium of circulation in this growing Country, the credit and com- 
merce of which calls loudly for such aid and reformation. 

As it is of the most important nature, so it may be presumed, 
it will be the first business of the ensuing session, to provide for 
the expence incurred by the late service of the Militia Forces. 
And as I conceive the difliculties that will occur upon this occasion, 
must be foreseen by your Lordship, I hope before it comes on, that 
I shall be honoured with His Majesty's instructions for my guidance 



COLONIAL RECORDS. 19 



in it. And I cannot help earnostl)'' expressing my wishes that it 
may be seen expedient to procure the advantage of a new Emission 
of Paper Currency, to this Province as a circumstance essential to 
the publick Credit. 

In consequence of the Proclamation issued by Governor Tryon 
after the Action with the Insurgents, I am informed, upwards of six 
thousand persons have taken the Oaths to government. 

Colonel Waddell not having yet made his Return I am not able 
by this conveyance to report to your Lordship with precision the 
number of men nor of the arms collected from them but I hope to 
do it very soon; the last accounts from the Country of the insur- 
gents assure me of its perfect tranquility, so that at present I do not 
see any measures necessary to be taken, but such as may be condu- 
cive to the healing of the people's minds to extinguish the remem- 
brance of past evils and to obviate all just grounds of future dis- 
content. To these points My Lords, I shall diligently apply my 
mind, pursuing in all ca.ses, such measures, as shall appear to me 
most likely to advance the Honor of His Majesty's Government and 
the true happiness of his People, the constant object of his Royal 
care. 

I have signified to Sir Nathaniel Dukentield and M' .Jones His 
Majesty's gracious appointment of them to be Members of the Coun- 
cil in this Province notified b}"- your Lordship's letter No. L Tiiis 
nomination your Lordship will find makes up the number of the 
Council thirteen, ten being named in His Majesty's Instructions 
besides the Lieu' Governor. Signal disadvantage 1 conceive may 
accrue in this Province from the widely scattered situation of its 
Members of which two only are resident, at this time in or near 
Newbern, which is become the fixed seat of Government and made 
extremely delectable by the accommodation provided at great charge 
to the Province according to the elegant taste of M' Tryon. When 
M' Strudwick arrives, there will be three members of the Council 
here, which is a Quorum, that I am justified in acting with upon 
emergencies only, and all the other Metiibers live at the distance of 
One hundred miles, at least. 

At my qualification, I was surprised to find that the Oath of 
Abjuration as attested by the Act of the Sixth year of his Majesty's 
Reign was not in use in this Province and that it had never been 
prescribed by authority. I have not been able to obtain it, but I 
have taken measures to procure it and as soon as I do, I shall take 



20 COLONIAL RECORDS. 



care it be duly administered pursuant to liis Majesty's Instructions, 
whicli with respect to this matter I have not had it in my power 
literally to comply with. 

Governor Tryon having assured me that he had transmitted to 
your Lordship, a full account of his operations against the Insur- 
gents I forbear to enter upon a subject of which he is so much 
better qualified to treat. 

I have reason to believe that many of the outlaws who made their 
escape from the Action, have taken Sanctuary in the back parts of 
So. Carolina and I shall think it necessary' to advertise Lieutenant 
Governor Bull of my information on this head that he may provide 
against the annoj'ance that such fugitives may hereafter give to 
that Province if they are suffered quietly to establish themselves. 

M' President Hasell, upon whom the Administration of Govern- 
ment devolved, on Governor Tryon's removal to New York and of 
wdiom I have the -most honorable testimonials from that Gentleman, 
has put into my hands sundry copies of the description of the 
Swedish method of making Pitch and Tar, transmitted from your 
Lordships office, which I shall take especial care to disperse in such 
manner as may best answer j'our Lordships wise and good inten- 
tions of improving those Manufactures in this Colony. I shall not 
fail to use my endeavours for the revival of the Quit Rent Bill when 
I am furnished with the instructions your Lordship encourages me 
to hope for, in relation to that matter. 

It is with the truest pleasure, I receive your Lordships congratu- 
lations on the late addition to his Majesty's Royal Familj', an event 
that must diffuse universal joy through the hearts of His Majesty's 
subjects and which, I feel with peculiar delight and satisfaction 

I have the honor to be with the greatest respect &g 

JOSIAH MARTIN. 



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

Rev'' M' Taylor to the Secretary (Extract) 

St. George's Parish, North.vmpton County 
North Carolina, Augxist 20* 1771 
Reverend Sir, 

Must be obliged to you to acquaint the Society with my safe 
arrival in this Province the 3"* May, after a tedious passage of 



COLONIAL RECORDS. 21 



11 weeks and 2 clays. Should have waited upon His Excellency 
Governor Tryon, on my ai'rival but he was gone to Suppress a set of 
Rebels, who I make no doubt you have heard resided in the Western 
parts of this Province, for they, principally instigated by one Hus- 
bands a Quaker resident among them, despised Government, and 
refused to pay theii' Taxes. As I imagine you have already received 
Authentic Accounts of His Excellency's Engagf ment and victory 
over them it would be needless for me to say anything on that head. 
I proceed therefore to inform you that finding things in this Situa- 
tion, I adjudged it expedient for me to seek a parish for myself, and 
to wait on His Excellency with your Letter on his arrival at New- 
bern but his sudden Embarkation for his new Government, pre- 
vented my purpose, I have therefore settled myself for a while in S 
George's Parish Northampton County, void by the resignation of M' 
Barnet one of the Society's Missionaries: who I am informed, has 
fled into Virginia, being charged with crimes, too base to be men- 
tioned. It is great pity but an American Episcopate were estab- 
lished, if it tends to no other purpose than to take cognizance of the 
behavior of the Clergy, some of whom (I am sorry to say) are the 
greatest scandal to religion we have. I have been very ill used by 
M' Earl one of the Society's Missionaries in Chowan County, for as 
it had been the place of my Residence from my first arrival in 
Carolina, the Inhabitants of my acquaintance were very desirous of 
mjr preaching in the church which he absolutely refused and being 
asked his reason (since not a fortnight before that he had not only 
permitted but made an offer of his church to a Pi*esbyterian preacher, 
to hold Meetings therein,) he asserted a palpable falsehood saying 
he had examined me before I went to England and found me inca- 
pable, and has reported it in the public houses in Town (his places 
of Rendezvous) in all companies. Things of this kind have great 
weight with the people in this Country, who may from hence be 
induced to think that the Bishop of London would ordain any one 
that made application, and from hence must consequently proceed 
a total disrespect to all the Clergy. His reasons for this usage I am 
an entire stranger to, unless it proceeds from a fear of his parishes 
being divided, which has been talked of and they have expressed a 
desire of my coming into the best part of it where the Town of 
Eden ton stands; however upon my signifying to some Gentlemen 
my intentions of writing home concerning his conduet and he being 
informed of it, the next time I went to Church he made me an offer 



22 COLONIAL RECORDS. 



of his Desk pulpit, which I accepted ; and he has since sought a 
familiarity but his manner of life not concurring with mine induced 
me to avoid it, and I have now removed myself so far from him, as 
^I hope will break all further communication. I would not have it 
thought to proceed from any private 2)ic|ue, that I mention his mis- 
behaviour, for I look upon it the indispensible duty of every pro- 
fessor of the Christian Gospel to endeavour to suppress immoralities 
of every kind, but more especiallj^ those which proceed from the root 
from whence true religion ought to branch and spring up. By 
writing to James Blount Esquire one of the Representatives for his 
County, you will be informed that he made a charge of 30 shillings 
for going to administer the Sacrament to his Mother who lay at the 
point of Death and at the same time obliged a poor Man in that 
Neighbourhood to pay him 15 shillings our money (equal to 10 
shillings Sterling) for baptizing his sick child, and was not satisfied 
with that. I have of my own knowledge seen a man as he passed 
his door desire him to call in and baptize his child which lay sick 
and he has refused and in consequence of that the child died unbap- 
tized. Thanks be to God, the people themselves have a greater 
regard for Religion than he, otherwise it would dwindle into noth- 
ing in his parish. 

This misbehaviour in the Clergy has induced the people to be 
very cautious of having a Minister inducted to their parishes, as 
they see so much misconduct and no remedy easily to be obtained 
since every one of them dislikes being the first complainant. 

I have agreed with the Vestry of this Parish till Easter at which 
time, (provided we unite in approbation) they are desirous of having 
me inducted. It is as wealthy a parish as any in the province, but 
rather too large. I have 4 churches to attend which in the course of 
every month, lays me under the necessity of travelling very near 
200 miles, exclusive of my Journies to visit and baptize in cases of 
necessity. I suppose (God willing) to administer the Sacrament of 
the Lord's Supper next Sunday; which has not been administered 
but twice in this parish in the space of 7 years. It is my intention 
to order my affairs in such a manner as to administer it 8 times in 
the year, which will be twice at each church in the parish. I have 
communicated this plan to the church wardens and several orderly 
people who seem very much rejoiced at it, and are very desirous of 
receiving. 



COLONIAL RECORDS. 23 



The people in general seem very fond of coming to church and 
my congregations are very much crowded. I have been in this 
parish exactly a month, and have baptized GG white and' nineteen 
black infants, besides 18 black adults. I purpose to take a .Journey 
yearly through some parishes which are greatly in want of a minis- 
ter and but poor, who I understand have scarcely ever an oppor- 
tunitj" of having their children baptized yet preserve some sparks 
of religion among them. I should be very happy in my parish 
were it not for some Sectaries who call themselves New Light Bap- 
tists, and harbour in the skirts of my Parish and are very trouble- 
some, but with the blessing of God I hope to eradicate them by con- 
vincing them that the Old Light is the only true one. I have talked 
with some of them and find them to be in general a very ignorant 
set of people j'et notwithstanding that they busy themselves with 
the most mysterious parts of Scripture and believe they are abso- 
lutely bound to understand them. There is as yet no Glebe in my 
parish but the vestry purpose buying one immediately, if I am 
inducted into the parish and the reason they give why there is 
none, is, because they never had a Minister they would like to 
settle among them. There is a great want of Books in this parish 
as there were never any distributed here The A^'estry have desired 
me to write home for three prayer Books and Bibles for three of 
the churches, one being provided. I told them I would write and 
enquire if the Society wei'c willing to send them, and if they are 
not must beg the favor of you to give my resj^ects to M' Rivington 
and desire him to send them, as I shall direct, and should desire he 
were paid for them out of my Salarj^ the Society allow. Respecting 
the balance of last years Salary I have judged it most expedient to 
defer drawing for it till this present years Salary becomes due, I 
shall take the liberty to preadvise you thereof. 

If the Society are desirous of making any enquiry into my con- 
duct, I hereby humbl)'^ beg leave to acquaint them that Willie -Jones, 
and Howell Edmunds, Esquire are the two Representatives for this 
county, and Howell Edmonds and Mr. Samuel Lockhart the present 
church wardens, who I hope can never give me any other than that 
character which I have hitherto preserved untainted, and I pray that 
the Almighty may always afford me his assistance to discharge the 
trust reposed in me, and to grant that after I have preached to 
others, I myself may not become a castaway. 

I am with submission &c. 

C. E. TAYLOR. 



24 COLONIAL RECORDS. 



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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber in the Palace at New 

Bern Friday 23'' August 1771— 

Present 

His Excellency the 'Governor. 

rpi Tj 1 1 f James Hasell and 1 j-, 

lheilonble-{ n,r r tj i a in n >Lsquu-es. 

( Martin Howard Samuel Cornell J ^ 

His Excellency exhibited to the Council the two under written 
Proclamations pro230sing they should be entered on the Journals of 
this Board. It is Ordered accordingly 

Geoege R. . 

A Proclamation. 

Whereas it has been represented to us that exorbitant fees are 
demanded and taken in the Publiek Offices of several of Our Colo- 
nies, to the great oppression of our Subjects, and the scandal of our 
Government, and whereas such unwarrantable and dishonourable 
practices are objects of our highest indignation and resentment. It 
is our will and Pleasure and we do strictly enjoin and require all 
Publiek Officers whatsoever within our Province of North Carolina 
in their respective stations not to demand or receive any other fees 
for Publiek business transacted in their Offices than what have been 
established by proper Authority On pain of our Royal displea.sure, 
of being removed from their Offices, and j^rosecuted with the utmost 
severety of the Law. 

Witness our trusty and well beloved Josiah Martin Esq' our 
Captain General, Governor and Commander in Chief in and over 
our said Province at New Bern the 22'' day of August 1771. In the 
fifth year of our Reign JO. MARTIN. 

By His Excellency's Command, 
W° Palmer, D. Sec. 

God save the King-. 



COLONIAL RECORDS. 25 



North Carolina, 

By His Excellency Josiah Martin Esquire His Majesty's Captain 
. General, Governor and Commander in Chief in and over tlie 

said Province. 
A Proclamation 

Whereas by His Majesty's Royal Proclamation of this date all 
Public Officers are strictly enjoined not to demand or take any other 
or greater fees in their respective Offices than what have been estab- 
lished by proper Authoritj- — I have thought fit to publish this 
Proclamation hereby requiring all Public Officers of this Province 
forthwith to affix in their several Offices, Tables of their fees, to the 
end that all persons may know the same. And I do hereby further 
require the said Officers to certify to me without delay that they 
have complied herewith and that they do at the same time 
deliver in to me copies of the Tables of their respective fees so 
affixed up in their several Offices, signed by the Principal or his 
lawful deputy in each Office in which they shall distinguish those 
that are appointed by Law from such as are authorized by Custom 
only, And herein they are not to fail as they shall answer the con- 
trary at their Peril. 

Given under my hand and the Great Seal of the said Province at 
New Bern the 22^ day of August in tlie eleventh Year of His iVLnj- 
est}''s Reign, Anno Dom. 1771. 

JO. MARTIN 

By His Excellency's Command 

W" Palmer, D. Sec. 

God save the King. 



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

Orange and Guilford Couxtys North Carolina 

August 25'" 1771 
To all persons whom this may Concern Know ye, that whereas 
Thomas Welborn has lived in the neighborhood of Sandy Creek 
near hand about fifteen years in the Countys and province afore- 
said it tis requested of his friends and Acquaintance, A Letter of 
his Recommendation, which we the subscribers hereof, Do herebv 
Certify, the above s'' Tliomas "Welborn to be, A man of Justice and 



26 



COLONIAL RECORDS. 



Honest Integrity in his Dealing and Conversation neither Known, 
nor Suspected to be Guilty of fraudulent Practices, But Contrary 
wise, Upright in his Ceneration, and A true Loyal Tenant to his 
Majesty, Excepting the Late Insurrection and Rebellion, as did arise 
in the Countys aforesaid, & Given Under our hands th-e Day and 
Year first above written. 



Semore York 
Jeremiah York 
•Jolm Duncan 
Tidence Lane 
James Billingslee 
Phiirp Sitton 
John Lance 



Joseph Hinds 
John Hinds 
Franc' Jenkins 
W" \Velborn Junior 
Levi M°Cullom 
John JPGee J'. 0. 



John Alread 
Denis Hobkins 
Sam' Walker 
Jacob Hinshaw 
William Hinche 
Shubal Stearnes 



North Cakolina — 

To HIS Excellency Josiah Martain Esqur his majestys Capt 

GeNERALL & GOVRNOUR IN ChIEF IN AND OVER THE SAID 

Provance 
The Petition of the Inhabitains of Guilford and orange Countys 
Humbly Sheweth that Whereas the Leat Insurections and Rebelions 
that did Prevaill in this Provance to Such a degree that it did de.sturb 
the Pease & tranquility of Provance & also to the Great Prajduce of 
many Indeviduals & to the Publick in Generall Whereas By the 
means of Leading and designing Persons in tliis unhapy Confedresy 
intending appearntly to Subvert Govrement many honest & Well 
minded men Were drawn in and over Presweaded to joyn in this 
unnatruell Combination Whereof the Person that We Begg Leave 
to Petition your Excellency for is one to-Witt thomas Welborn Who 
now Stands out-lawed But no Reward advrtised for taking him We 
your Exceleucy's Petitioners Being Well aquanted With the said 
Wellborn's former Life & Conversasion it Being honest and agree- 
abel. Which Incorag us your Excellancy's humbel petitioners To 
Erenestly plead & Begg that your Excellancy Would Grant to him 
amost grasios Parden as We have no merit to Plead yet moved With 
pitey When We See a pooer morning Wife With a Learg family of 
Small Childeren and very Littel to Suport them & Soon Will be 
Exposed to the outmost Exti'emitj' & Now as your Excelency is now 
Entering on the ademensteration in this Goverment such Extensive 



COLONIAL RECORDS. 



27 



charity & marcy Extended as to Restor this said AVellboru to his 
formor Libarty and Intitel him to his majesty's Protection & We 
your Humbcl Petitioners as in duty Bound Shall Ever Pray 



John Butler 
John M'Gee 
James Barre 
David Barnhill 
Thomas Willson 
Frank Jenkins 
Shubal Stearns 



Semore York 
John Marsh 
Jeremiah York 
Tidence Lane 
James Billiugslee 
Phillip Sitton 
John Lance 



John Wood 
Denis Hobkins 
Jones Maxwell 
Alexander Russel 
Nathaniel Lyon 
Samuel Allen 



[From MS. Records in Office of Secri-Tary of State.] 



COUNCIL JOURNALS. 



m Tj- 1 1 f James Hasell 
Ihe Honble- Tvr ,• it j 

[ Martin irioward 



At a Council held in the Council Chamber in the Palace at New 

Bern Friday the oO'" Augu.st 177L 

Present 

His Excellency the Governor. 

and ) -r- 

c 1 /-' n ■Lsqun-es. 

Samuel Cornell J ^ 

His Excellency desired the advice of the Council as to the 
Meeting of the General Assembly on the 10"" of October to which 
time it now stands pi'orogued, laying before them sundrj^ reasons 
for proroguing it to a future time, it is the opinion of the Board for 
the reasons offered by his Excellency that it will be expedient to 
prorogue the said General Assembly until the lo"" of November 
next, then to meet at New Bern for the dispatch of Public Business. 

It was then ordered by His Excellency that the following Proc- 
lamation issue immediately — Viz' 

North Carolina — Ss. 

By His Excellency Josiah Martin Esq. Captain General, Governor 

and Commander in Chief etc. 
A Proclamation. 

Whereas the General Assembly is appointed to meet at Newbern 
the iO'" day of October next, and as it is found expedient to pro- 
rogue the same. 



28 COLONIAL RECORDS. 



I do therefore by and with the advice and consent of His Maj- 
estys Council issue this my proclamation, hereby proroguing the 
said Assembly until the 15"" day of November next then to meet at 
New Bern for the dispatch of Public Business. 

Given under my hand and the Great Seal of tliis Province at 
New Bern the oO"" August 1771. 

JOSIAH MARTIN 
By His Excellence's Command 

W° Palm EI! , D. Sec-''. 

God ?ave tlie King. 

At the same meeting his Excellency laid before this Board a 
Proclamation for the encouragement of religion and virtue, recom- 
mending that the same should be issued. The Board unanimously 
concurred in opinion Avith His Excellencj^ as to its expedienc}', and 
it was accordingly Ordered to be issued. 

North Carolina — Ss. 

By his Excellency -Josiah Martin Esquire, Captain General and 

Commander in Chief Ac. &c. 
A Proclamation 

Whereas it is an indispensible duty above all things to promote 
the honor and service of Almighty God and to discourage and sup- 
press all vice, profaness, debauchery and immorality, which are a 
reproach to religion and government and have a fatal tendency to 
the corruption of manne s. And whereas nothing can so effectually 
engage the Divine Blessing as a strict observance of the duties 
enjoined by religion, in which our most Gracious Sovereign is an 
illustrious example to all his people. And that it is most truly 
pleasing to his Royal mind to see religion, piety and good manners 
flourish and extend over all his Dominions; I have in consideration 
thereof, and bj^ and with the advice and consent of his Majesty's 
Council thought fit to issue this proclamation hereby enjoining all 
persons in Authority to give all possible encouragement to religion 
and virtue as well by their own examples, as by their countenance 
to all orderly and well disposed persons and their utmost discour- 
agement and restraint of the profane, disorderly and licentious of 
all denominations. And I do hereby strictl}' charge and command 
all his Majesty's Judges, Sheriffs, Justices of the Peace, and all otlers 
whom it may concern within this province to be vigilant and strict 



COLONIAL RECORDS. 29 



in the discovery and the eft'ectual prosecution and punislnnent of 
all persons who shall be guilty of drunkenness, blasphemy, profane 
swearing and cursing, lewdness, profanation of the Lord's Day, or 
other dissolute immoral or disorderly practices, and that they take 
care to put in execution all Laws now in force in tliis province for 
the punishing and suppressing vice and irreligion. 

Given under my hand and the Great Seal of the said province at 
New Bern the 30"' day of August Anno Dom 1771. 

JOSIAH MARTIN. 
God save the King. 
By his Excellency's Command 

William Palmer D. Sec^ 



' [From SIS. Rec-jrds in Office of Secretary of State.] 

To HIS Excellency' JosiAH Martin Esq' his Majesties Captain 

General, Governor & Commander in Chief in and over the 

Province of North Carolina 

The Petition of Sundry of the Inhabitants of Gilford County hum- 
bly Sheweth:^- 

That Whereas it apears by general Proclamation that a Certain 
John Pugh Stands out Law* for Committing Several acts of outrage 
on the twenty fourth and twenty fifth of Sep" 1770 During the 
Seting of the Superior Court of Justice held for the Destrict of 
hillsborough to the Distubance of his Majesties Peace. 

Whereas we your Petitionors have been well aquaintod with S'' 
John Pugh this nine or ten years Past and never knew any thing 
of him but that he Behaved himself Soberly Honestly and Indu.s- 
trusly as Becomes a good member of Society and a Subject of Great 
Brittain and being Concious of his Loyalty to his gracious Sovereign 
king george the third now upon the Brittish throne and his Detes- 
tation to all Rebellious or Illegal Proceedings and knowing himself 
absolutely Clear of theCrime Charged in the Indictment he though' 
of Necessaty that he was not the John Pugh Intended in the indict- 
ment and therefore Neglected giving himself up Agreeable to the 
Lemited time Specified in the Proclamation and as he was forced to 
Betake himself to Distant Parts for his Safety Leaving a wife & one 



COLONIAL RECORDS. 



Small Child in the ntniost Extremity for want of tliat Relief & 
Support he as a Husband and father is in Duty Bound to adminis- 
ter unto them. We therefore Humby Pray that your Excellency in 
your great goodness may be Pleased to Extend to him his Majesties 
most gracious Pardon that he may again be Entitled to the Same 
Rights & Previledges of the Resp' of his Majesties Subjects and 
your Petitioners as in Duty Bound shall ever Pray. 
August 31 : 1771. 

Tidence Lane William Hinshaw 

Semore York William Walker 

James Billingslee T Samuel Walker Ju"' 

Shubal Stearns Laughlin Campbell 

William Welborn Daniel Campbell 
Thomas J Witt Malcomb-Campbell 

Jacob Hinshaw John Campbell 

Thomas Hinshaw John Lowe » 

Joseph Hinshaw Aquila Jones 

Will™ Hinshaw Sen' John Richerson 
John Hinshaw Samuel Allen 



To HIS ExcELL^;^-cY Josiah Martin Esq' his Majestys Captain 

General, Governoe and Commander in Chief in and over 

THE Province of TSTorth Carolina. 

Whereas John Pugh Has Required of us the subscribed A few 
Lines of Recommendation we the Subscribers Do Sertify upon His 
A Count that we Have Known Him to Bee a Dweller this Nine 
or ten year Amongst us and that we Never Knew any thing of the 
said Pugh But that He Behaved Himself Honestly and Soberly 
and Justly Amungst us and we Never Knew anything But that 
he was A true and Loial Subject to the King of Great Brittain 
whereas he is outlaw'd for Breaking up the Kings Court and 
other Riots Commited at s'^ Court we Certify that He wasnt not 
there by information therefore we &c., Beg the Gracious favor of his 
Excellency for His pardon. 

And: we the subscribers Ever pray , 

August y° 31" 1771 
Thomas Hinshaw Shubal Stearns Stephen Harlow 

William Hinshaw Willi?im AVelborn Jacob Hinshaw 
John Hinshaw Elias Coin William Morley 

William Hinshaw John Welborn Charles Jones 



COLONIAL RECORDS. 31 



William Walker Isaac Corven Samuel Jones 

Laughlin Campbell Ezra Hinshaw William Low 

Malcomb Campbell Thomas Swiuk William Ward 

Daniel Campbell Joseph Ilinshaw Tidence Lane 

John Campbell John Low Sainore York 

John York' Aquilla Jones James Billingslee 



The Depusion of Elizabeth Jones the Deponant Saith that Shee 
Saw John Pugh the twenty third Day of September 1770 in the 
Ev'ening Near or about forty Miles Distance from Hillsborough 

The Depusion of Elizabeth Pugh the Deponent Saith that Shee 
Knew John Pugh to be about his Lawful Business the twenty 
fourth and fifth Days of September 1770 Near and about forty 
miles from Hillsborough 

The Depusion of Peninah Pugh the Deponant Saith that Shee 
Knew John Pugh to Bee about His Lawfull Business the twenty 
fourth and fifth Days of Septemb" 1770 Near or about forty Miles 
Distance from Hillsborough. 

♦ • 

The Depusion of Ann Jones the Deponant Saith that Shee Saw 
John Pugh tlie twenty third and twenty fifth Days of September 
1770 about His Lawful Business Near or about forty Miles Distance 
from Hillsborough 

Sworn Before Me JOHN LOW 

August y" 31 1771 

The Depusion of Samuel Walker the Deponant Saith that He Saw 
John Pugh about His Lawfull Business the twenty forth and twenty 
fifth Day of September 1770, Ner and about forty miles Distance 
from Hillsborough 

The Depusion of John Marsh the Deponant Saith that He Saw 
John Pugh the twenty fifth Day of September 1770 About His Law- 
full Business Ner or about forty Miles Distanc from Hilsborough 

The Depusion of William Savage the Deponant Saith that He 
Saw John Pugh the twenty fifth Day of September 1770 Ner the 
Middle of the Day Near or About forty miles Distance from Hills- 
borough 



32 COLONIAL RECORDS. 



The Depusion of Cathren Marley the Deponant Saith that She 
Saw John Pugh the twenty fifth Day of September 1770 Near About 
two of the Clock in the Day aplowing and the Deponant farther 
Sayeth that Said Pugh Enquired whether She Had Heard any 
News from Court Slie Replyed She Had not Said Pugh Said that 
He Had Not Heard and Wanted to Hear. 

Sworn Before Me JOHN LOW 

August y' 31 1771 



[B. P. R. O. Am. & AV, Ind: No. Carolina. Vol. 218.] 

Letter from Governor Jlartin to Earl of Hillsborough 

■ No. Carolixa, Newbern 

Sept 4'" 1771. 
I have the honor to acquaint your Lordship that on representation 
made to me of great inconveniences that would attend the meeting 
of the General Assembly, at the time to which it stood prorogued 
when I arrived here, I advised with his Majesty's Council upon it, 
•ftnd that 'Board, being unanimously of opinion that it would be 
expedient to postpone it until the sickly season should be passed 
during which the Town of New Bern is peculiarly dreaded by the 
Inhabitants of the Country, I issued immediately a Proclamation 
proroguing it further to the 15"' of November next. By that time the 
business of the superior Courts, that engages a great number of the 
Members of the Assembly, will be nearly over, and the minds of all 
people, freed from the terror of sickness better disposed to enter 
upon publick business, which I am 'assured will suffer no disadvan- 
tage by this suspense. I am too soon convinced My Lord of the 
malignity of this climate; it has already brought affliction upon my 
family, by depriving me of one of my children, my hou.se is at this 
time a perfect Hospital and I find the old inhabitants are not 
exempt from the ills that are generated by the excessive heat, and 
humidity of this season, aggrevated in this situation, by the sur- 
rounding dull and almost stagnant waters. I transmit herewith a 
duplicate of my last letter to your Lordship, having dispatched the 
Original by a Merchant Ship to Bristol. I have the honor to be 
with the greatest respect, Mr Lord &c 

JOSIAH MARTIN 



COLONIAL RECORDS. 33 



[B. P. E. O. Am. & W. IND.: No. Carolina. Vol. 218] 

Letter from C4overnor ^L^rtill to Earl of Hillsborough 

No. Carolina New Bern, 

Sept. 30'" 1771. 
I have tlie honor to acquaint your Lordship that I had infor- 
mation about the middle of last month from M' William Thompson, 
the Deputy Naval Officer at Beaufort, a small fishing Town, distance 
from hence between forty and fifty miles, that a Spanish snow called 
the Sta. C'atharina, had put into Cape Look Out Bay In the greatest 
distress having on board the Crews of two ships, with which she had 
sailed in Company from the Havannah, that were stranded in their 
passage to Cadiz, between the Caio Largo, and Cape Florida with a 
Colonel, a Captain, a Lieutenant & forty odd grenadiers, making in 
all an addition of above One hundred men to her Company, which 
having soon consumed her stores, obliged her to seek a Port on 
this continent and that she had been brought into Cape Look Out 
Bay by a coasting vessel she had fallen in with at sea. He said 
she stood in need of provisions and water and being furnished 
therewith would immediately proceed on her voyage or failing to 
get the supplies she wanted here intended to go to Norfolk in ^'ir- 
ginia. I told M' Thompson that he should have brought up to me 
some of the principal OtRcers, that I might be more particularly 
informed of their circumstances and that I should expect one or 
more of them forthwith to repair to this place to give me such 
satisfaction, but on his representation that the Officers were invalids, 
that no means could be found where they were, of transporting 
them hither and that he was of opinion that the vessel could not 
be provided here with the stores she wanted and must therefore go 
to Virginia, I consented in that case, to dispense with their coming 
hither. M' Thompson at this time informed me, that he had 
obtained the release of four of His Majesty's subjects, who belonged 
to a Vessel from Charles Town in South Carolina and had been 
taken on illicit trade in the Island of Cuba and were going 
by this Vessel to further imprisonment in Spain and that the Snow, 
had dismissed four or five of lier hands, who had taken their route 
by land to Virginia. After continuing many days in expectation 



34 COLONIAL RECORDS. 



of seeing some of the people from this Vessel, I received intelligence 
accidentally and with great surprise, that she was sailed for Spain, 
having secured the supplies she wanted after landing all tlie peo- 
ple, except the Troops in number about sixtj' five among which 
was a Brigadier General, a Lieut, of Horse, four Priests, an Inqui- 
sition and a Woman and that except the Brigadier General and 
a few others, who had been engaged by motives of inconve- 
nience to think of coming hither, for contrary to the usage of 
foreigners, it appears they thought of no respect to govern- 
ment; they had passed in small boats, by the Inland Naviga- 
tion that extends all along the coast of this Province, to a 
place called the North Landing on the confines of Virginia, and 
about IG miles from the Town of Norfolk. Soon after I received 
this account, I had a visit from Brigadier General Douche, who 
stiles himself also Inspector General of the Militarj' Department 
in Mexico who bxit awkwardly apologized for not seeing me 
sooner. I intimated to him that there was a vessel ready to sail 
from this Port bound to Cadiz and that I supposed and hoped he 
would take advantage of that conveyance; he pleaded however so 
strongly his recent sufferings at sea, the ill state of his health and' 
the misery he must endure if compelled to go among the common 
people who had engaged their passage in the vessel I recom- 
mended that I could not help yielding to the pressing instances he 
made me to permit him to go to Philadelphia to recover his health 
before he entered upon another long voj'^age. I took care my Lord, 
to advise M' Hamilton, the commander in chief for the time being 
of Pennsylvania, of this foreign Officer going into* his government 
from whose observation on his passage Hither by water, I do not 
apprehend any danger and I signified to him also, my opinion that 
the Brigadier ought not to be permitted to continue longer, than 
might be absolutely necessary for the recovery of his health, at 
Philadelphia, from whence he will find frecjuent opportunities of 
going to Spain. From tlie Brigadier I learned and from M' 
Michael De Armida, Master and Owner of one of the wrecked ves- 
sels, that the people who had taken the route of Virginia carried 
with them a considerable sum of money which they believe to be 
in general the property of the Individuals who were in possession 
of it, but as the Brigadier said there was money on private accounts, 
although none of the King's, on board the stranded vessels and it 



COLONIAL RECORDS. 35 



appears by the testimony of several persons here, that the common 
mariners had more money than gould be supposed to belong to peo- 
ple of that sort it may be presumed that some of it was plunder. 
I was induced My Lord to suspect that there had been some unfair 
proceeding in this case, from the conduct of the Deputy naval 
Officer at Beaufort, who had never notified to me the landing of 
these people or the departure of those who took the route of Vir- 
ginia or any other ciftumstance after his first report of the vessel's 
arrival in distress and I therefore forbore to take notice of it in my 
last letter to your Lordship, resolving first to go to Beaufort and get 
what further information I should be able. I have since visited that 
place and after the most diligent enquiry in which I have been 
much assisted by 'M' Berry Collector of this Port, I can only discover 
that the deputy Naval Officer, has been guilty of remissness towards 
me, as well as of error with respect to the Spanish Vessel and peo- 
ple, his general character, I think defends him from suspicion of 
fraud or ill design and indeed -he is not arraigned by any of his 
neighbors, who I am informed look upon him invidiously and would 
not lose an opportunity of doing him injury. The Spanish Brig- 
adier General made honorable mention of him to me. I have how- 
ever thought it proper to represent his ignorance to his Principal 
and to require him to examine further his conduct on this late 
occasion. 

The irregularity that appears in this aftair has given me infinite 
concern and mortification, at a time that the universal sickness and 
the repeated losses of my family have most deepl}^ affected me. 
The Spaniards v^dio went to Norfolk, are I hear safely arrived there. 
As far as I am able to learn, they have suffered no injury in this 
Province and have no just ground of discontent, but at all events I 
trust your Lordship will see that I am blameless in this matter. 

I have very lately advice from.the back country, that some violences 
have been committed on private individuals but that in general the 
people seem well disposed and sensible of the advantages of peace, 
order and government, lamenting the fatal influence which lately 
engaged them in rebellion 

I have the honor to acknowledge the receipt of your Lordship's 
letter No. 3, accompanying llis ^lajesty's order in Council for the dis- 
allowance of Two Acts of the General Assembly of this Province, 
passed in 1768 with the Representation of the Board of Trade 



36 COLONIAL RECORDS. 



thereupon, a Duj^licate of your Lordship's letter No 2, and sundry 
Acts of Parliament relating to the t^olonies, and I have made known 
His Majesty's Royal disallowance of the Acts -of the General 
Assembly by Proclamation, according to custom. 

I have the honor to be &c 

JO. MARTIN 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 219.] 

Governor Martin to the Earl of Hillsborough. 

NoKTH Carolina New Bern October 18"* 1771. 

I have the honor herewith to transmit to your Lordship for His 
Majesty's Information, a list of the Names of the six Rebels who 
were sentenced to death by the special Court of Oyer and Terminer 
held at Hillsborough on the seventeenth day of June last and 
respited by Governor Tryon; that Gentleman having just informed 
me, by Letter that he had not made report of them : And at the 
same time M}' Lord, I humbly beg leave to join in his Recommenda- 
tion of them for his Majesty's most Gracious Pardon, hoping that 
the Examples alread}^ made will be suflficient 

Among the six Criminals who were executed jDurshant to tlie 
sentence of the same Court My Lord, was one Robert Matear an 
egregious Offender but the only child of a very aged Father and 
Mother, who are good people and whose case much moves my com- 
passion. The 230or superanuated Man in confidence of his son's dutiful 
attachment, transferred to him his whole property not long before he 
entered into Rebellion, and it is now by his Treason become forfeit. 
Thus My Lord these most wretched Parents must at once lose their 
all, unless His Majesty in his great Mercy shall be graciously pleased 
to grant them possession of the Son's Lands and Goods, during their 
Lives. It is therefore a Boon M}' Lord, that common Charity 
engages me most earne.stl}' to implore of his Majesty's Goodness. 

By a letter I received this morning from the Sheriff of Guilford 
County many of whose Inhabitants took part in the late Insurrec- 
tion it appears that the Spirit which.raised that dangerous commo- 
tion is not yet totally extinguished there. He says he has met with 
some resistance in the Execution of his Office, that Magistrates and 



COLONIAL RECORDS. 37 



Officers are odious to the People who have so long lived in a lawless 
state and that their Hearts seem much inclined towards Hunter one 
of the outlawed Leaders of the •Insurgents. It is not I think My 
Lord to be expected that the systematical opposition, which had 
been so long forming in this Province against Government should 
be instantly dissolved in the mind of every individual Time 
and a steady exact execution of the Laws it may be hoped will 
effect it, in the mean time some Acts of Violence may be appre- 
hended, the Sheriff I am inclined to think sees things in the worst 
light, as all other accounts I have received from that Country assure 
me of the Peoples ready obedience to the Laws. Your Lordship 
maj' assure His Majesty that I will vigilantly attend to the disposi- 
tion of the lately disaffected j^arts of this Countr}' and take every 
m"Pasure in my power to support the honor of his Majesty's Govern- 
ment and to secure the peace of this Colony. 

I received about a month ago by the Wives of Hunter and two 
other of the Outlaws, petitions in behalf of their Husbands from 
some of the Inhabitants of Orange and Guilford Counties ; among 
the subscribers I understand there are very few people of Character 
and by the Number they do not by any means appear to have the 
general Countenance of those Counties. 

It is said, that Husbands, the great, promoter of sedition in this 
Country, finds sanctuaiy in Pensilvania, bat I cannot learn certainly 
where. 

I transmit herewith to your Lordship Copies of six Proclamations 
issued by Governor Tryon after his action with the Insurgents that 
his Majesty may be informed of his Exceptions in his Overtures of 
Mercey to those deluded people. 

I am of Opinion My Lord that an act of Grace as extensive as 
His Majesty in his Great Wisdom and Clemency shall see fit to 
make it, will be attended with good Effect, and I therefore most 
humbly submit it to his Majesty's Royal Consideration 
I have the honor to be &c 

JO. MARTIN 



Names of respited Criminals Forrester Mercer James Stewart 
James Emmerson Hermon Cox William Brown & James Copeland. 



38 COLONIAL RECORDS. 



[From MS. Records in Office of 8ecret.\ey of State.] 

To HIS Excellency Josiah Martin Esquire his Majestys Cap- 
tain General, Governor and Commander in Chief in and 
OVER the Province of North Carolina 

The humble petition of Niny Hambleton one of the unfortunate 
persons Who are outlawed for Being Active in the late Riots 
and Insun-ections Which happened in this province 

Humbly Sheweth 

That his Ignorance of the Nature of Government the Springs 
Causing Regularity and good order among men and Being unac- 
quainted With the Blessings he Enjoyed under a British Constitution 
was the Reason he Joyned With other Misguided men in the 
late Insurrection or Riot, your petitioner being Now Sensible and 
With Sincerrity truly penitent for his Errors Committed and the 
Sin he was guilty of in Being Instrumental! in putting a stop to 
the peace Tranquility and good order of government thus Humbly 
begs Leave to offer to your Excellency Sum few Reasons flattering 
My hopes that they Will Excite your pitty and Compassion towards 
your Misguided and Deluded petitioner 

Your petitioner Acknowledges he was one of those men Who 
Called them Selves Regulators, that amongst them he assembled at 
HillsboroughiWhen the Court of Justice was Interrupted and the 
officers Belonging to it abused Which occasioned your petitioner 
outlawry tho Not Instrumentall in the acts of voylance offered to 
Either the persons or properties of Men But Endeavord to per- 
suade others from Committing Such unwarrantable actions and the 
better to ascertain the saime begs your Excellencys pardon ; your 
petitioner Relying Not on his own Mearits But on your Excellencj's 
Lenit}' Compashon and Mercies towards your unfortunate Supplicant 
Humbly persumes to throw his Case at your feet imploring the 
Royal pardon for a life that hereafter Shall Be imployed in Loyalty 
to his Sovereigns Submishun to government obedience to its Laws 
and officers promoting peace and at all times While Life Laste for 
your Excellencys Temporall and Etarnall Wealfare actuated By 
principles of gratitude With unfeigned Zeale. 

October 23" 1771 NINY HAMBLETON 



COLONIAL RECORDS. 3G 



To HIS EXCKLLENCY JoSIAH ALvRTIN EsQUIKE GOVERNOR AND COM- 
MANDER IN Chief in and over the Province of North Car- 
olina &C AND THE honourable OENTLKMEN OF HIS MaJISTIS 

honourable Counsel 
Greeting 

May it Please your Excellency and your honners wo the sub- 
scribers whose names are heare unto annexed Persons in no wise 
conserned in the Late unhappy Disturbence occasioned in this Prov- 
ence By a set of People Called Regulators Begs Leave to Recom- 
mend or Represent to your Excellence and your honers one Nin- 
nian Beall Hamilton one of the unhappy as well as unfortunate 
Persons now outlawed as we understand for the Late Riot Com- 
mitted at Hillsborough as a Person we are well acquainted with, some 
of us from his youth up and others from this severa,! years Past as a 
Person who has Ever Been Estemed as a very . Industrious and 
honest Man and a man very much Respected by all who knew him 
untill he was unhapley Deluded By some means or other to take 
Part in a Matter he Did not know the Consequence of, But we your 
Petitioners from these Reasons and on accounte of a wife and three 
small Children who Depends on him for a support Do in the most 
humble Manner Petition your Excellence to take the same into 
your wise Consideration and grant this unhapy man such Repreafe 
as your Excellence in your AVisdom shall seem meet 

And youre Pertionnei's as in Duty Bound Shall Ever Praj' 
William Armfield Francis McNary 
Hugh Blair Isaac Armfield Junior 

John Eliot William Thomas 

William Armfield Jr John Stuart 
Jonas Touchstone Jack Edwards 
James Calhoon John Blear 

Jeffrey Beck David Smith 

Thomas Willson Timothy Morphy 

Thomas Knight Levi Denington 

James Coots James Buchanan 

Jeremiah Suliahan Patrick Haj's 



40 COLOXIAL RECORDS. 



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

To HIS Excellency Josiah Martin Esquire his Majestys Cap- 
tain General, Governor, Commander in Chief in and over 
THE Province of North Carolina &c 
The Plumble petition of Jeremiah Fields one of the unfortunate 
persons who are out Lawed for being active in the late Riots and 
Insurrections Which happened in this province 
Humbly Sheweth 

That his Ignorance of the Nature of government the Springs 
Causing Regularit)' and good order among men and Being unac- 
quainted with the Blessings I Enjoyed under a British Constitution 
was the Reason I Joined With other Misguided men in the late 
Insurrection or Riot, your petitioner being Now Sensible and with 
Sincerity truly penitent for my Errors Committed and the Siu I 
was guilty of in being Instrumental in putting a Stoj? to the peace 
Tranquility and good order of government thus humbly begs leave 
to offer to your Excellency some few Reasons flattering my hopes 
that they will Exsite your pittj and Compassion towards your Mis- 
guided and Deluded petitioner 

Your petitioner acknowledges he was one of these men who 
Called them Selves Regulators that among them he assembled at 
Hillsborough when the Court of Justice was Interrupted and the 
officers belonging to it abused that I made use of aprobius Language 
Which occasioned your jietitioners outlawry tho Not Instrumental 
in the acts of vilence offered to Either the persons or properties of 
Men but endeavored to persuade others from Committing such 
unwarrantable actions, and the better to ascertain the Same Begs 
your Excellencys pardon your petitioner Relying not on his own 
Merits But on your Excellencys Lenity Compassion and Mercy 
towards your unfortunate Supplicant Who is the husband of an 
unhappy Woman and father of five Small Children, Thus Humbly 
presumes to throw his Case at your feet imploring the Royal pardon 
for a Life that hearafter shall be employed in Loyalty to his Sover- 
eigns Submission to Government Obedience to its Laws and officers 
promoting peace and at all times While Life lasts for your Excel- 
lencys Temporall and Etarnall Wealfare Actuated By principles of 
Gratitude with unfeigned Zeal Pray 

October 25 1771 JEREMIAH x" FIELDS 



COLONIAL RECORDS. 41 



To HIS Excellency Josiah Martin Esquire Governor and Com- 
mander IN Chief in and over the Province of North Caro- 
lina &C AND the honourable GeNTLEMEN OF HIS MAJESTY's 

honourable Counsill 
Greeting 

May It Pleas your Excellency and your honors "We the Subscribers 
whose names are hereunto annexed Persons in no wise Conserned in 
the Late unhapey Disturbence Ocasioned in this Province B\^ a Sett 
of Peopel Called Regulators Begs Leave To Recomend or Represent 
To your Excellency and your honers one Jeremiah Field one of the 
unhapey as well as unfortunat Persons now outlawed as we under- 
stand for the Late Royet Comited at Hillsborough as a Person we 
are well acc^uanted with some of us from his youth up and others 
for this Severell years Past as a Person who has Ever Been Esteemed 
as a very Industrous and honest man and a man very much 
Respected by all who Knew him until he was unhapelj' Deluded by 
some means or other To Tack Part in a matter he Did not Know 
the Consquence of But we j'our Petitioners from these Reasons and 
on a Count of a wife and five Small Children all who Depend on 
him for a Support Do in the most humble maner Petition your 
Excellency To Take the Same into your wise Consideration and 
grant this unhapey man Such Repreef as your Excellency in your 
Wisdom shall Seem meet 

And your Petitioners as in Duty Bound Shall Ever Pray 
Nathan Jacton William Reynolds William Beeson 

John Stilwell Jo' Scott Robert Kirkpatrick 

John Kimbrough Isaac Beeson Benjamin Beeson 

George Lewis Benjamin Beeson Sen' Jacob Ellit 

Jeremiah Reynolds Joseph Lamb Thomas Lamb 

Hendrey Dowel Pritchert Beeson Heuery Reynolds 



[B. P. R. O. Am. & W. Ind.: No. Carolina. Vol. 219.J 

Letter from Governor Jlartin to Secretary Hillsborough. 

North Carolina New Bern 
October 25'" 177L 
In the letter I had the honor to write your Lordship on the 
30"" September N° 3, I mentioned that some of the Spaniards who 



42 COLONIAL RECORDS. 



had been so irregularly landed in this Province had engaged their 
passage on board a Brigantine bound from this Port to Cadiz, they 
embarked here accordingly fourteen in number and were put on 
board the vessel then taking in her lading at Ocacock Bar. I 
thought them gone and congratulated myself that they had left the 
province without murmur or complaint; the other day after three 
weeks had passed, I was astonished by Liformation that eleven of 
the number were returned here. Business, my own illness and that 
of my Family prevented my seeing any of them for a da}' or two. 
At length I spoke with Don Migiel de Armida who calls himself the 
principal man among them and indeed appears to be so although 
his companions do not allow him the consequence he assumes, by 
means of a very bad Interpreter of the Spanish language I learned 
that he had complaint to make against the Master of the vessel in 
which he had engaged passage. The substance of which was, My 
Lord, that being detained eighteen days on board the Brigantine 
after he expected to sail, and having consumed the greatest part of 
the Stores provided for the voyage, and discovered that the vessel 
was leaky, and ill found, he with three other of the Cabin passengers 
formed the resolution of quitting her and returning hither to wait 
for another convej^ance, and that they did so after paying the Master 
of the vessel one hundred dollars in considei'ation of his releasing 
them from their contract, by which the seven passengers had 
engaged to pay seven hundred and fifty pieces of eight. That after 
receiving this money and appearing content with it, he had threat- 
ened to follow them up here, and to arrest them for Breach of their 
contract, that he thought hard treatment and appealed to me for 
Justice. I told him I would interpose as far as I could by speaking 
to the Gentlemen to whom the vessel was consigned to try if the 
matter could not be amicably adjusted but if that could not be, the 
Law must take its course and I desired my Secretary who had a 
little smattering of the Spanish Tongue to recommend a Counsel 
to them if they should choose to stand a suit at Law. Don Migiel 
seemed much disappointed to find that I had not absolute power 
to decide his case and left me with a shrug of discontent. 

I had very soon after an opportunity of talking over the matter 
with M' Llaslen a Gentleman of character in this place, to whom tlie 
vessel was addressed. I related to him the Spaniards Story 
expressed to him my great concern that they should suffer any inju- 
rious Treatment and requested that he would interpose his good 



COLONIAL RECORDS. 43 



ofiBces, representing the difficulties these foreigners labored under 
in having no knowledge of our Laws nor any Interpreter of their 
Language, by which the\' were j^recluded the assistance of Counsel. 
M' Haslen said he wished the affair to be settled amicably v\ ith all 
his heart but that the Master of the vessel who was a man of excel- 
lent Character and had delayed his vessel many weeks at great dis- 
advantage parti}' to accomodate these people thought himself so 
very ill used by them, that he had arrested them by advice of 
Counsel for the performance of their contract and was resolved since 
he could not otherwise deal with them that their difference should 
be decided at Law and at the same time to show his inclination to 
an amicable determination was willing to refer it to the decision of 
the other three of their Countrymen, who were going with him, that 
the Master finding these people troublesome would gladly have got 
rid of them at loss to himself and would have been satisfied with 
the hundred Dollars paid him rather than had further trouble about 
them if they had not inveigled away some of their Countrymen 
whom he had engaged as Mariners for the voyage and thereby 
exposed his vessel lying in a dangerous road, to great peril, here the 
matter rested, after some few days I was informed by M' Haslen 
that at the instance of the other three passengers, Don Migiel and 
his Companions had satisfied the Master of the vessel and paid his 
demand amounting in the whole (including one hundred dollars 
paid at their quitting the vessel) to one hundred and fifty two dol- 
lars, and six shillings together with costs of suit amounting to twenty 
five dollars and one .shilling and four pence. 

I have since heard my Lord, that the people wlio remain here 
express great discontent at this transaction and threaten to com- 
plain to their Court, lest they should do so, with or without reason, 
I have thought it my duty to be thus particular in my relation to 
your Lordship of the Facts which have come to my knowledge 
concerning them. 

The Master of tlie vessel Ijcars a very good character, I therefore 
hope he will be able to accjuit himself if he shall be called upon. 
I can assure your Lordship that I felt extreme concern at seeing 
Foreigners in such a predicament without power to interpose other- 
wise than I did, they settled their difference among themselves at 
last without my knowledge, or participation. Whether the settle- 
ment is ec|uitable or not is impossible for me to determine as they 
are disagreed about it. It appears that there is great animosity 



44 



COLONIAL RECORDS. 



and division among them so that it would be at anj' rate exceed- 
ingly difficult to come at truth and impossible here where there is 
nobody who understands their language sufficiently to compare 
their various relations 

I have the honor to be &c 

JO. MARTIN. 

P. S. The Brigantine mentioned in the preceeding letter is 
called the Hope she is owned hy W John Haslen of the Lsland of 
Barbadoes and is commanded by M' Stephen Williams. 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 219.] 



Copy of the Cap' of Fort Johnston's Return of Officers and Men. 
Return of Offkees and jMex in the Gaeeison of Fort John- 
ston November 1" 1771. 
1 Captain. 
1 Sergeant. 
1 Corporal. 
1 Gunner. 
1 Drummer. 
•21 Rank and File. 

ROBERT HOWE 
Captain Command' of Fort Johnston. 



Return of Artillery & Stores at Fort Johnston Novem"' 1" 1771. 



i 18 pounders -_ 
Iron Ordnance ■ 9 pounders . _ 
\ i 

-)i8_: 

Round Shot } 9 

I h 

Cannon Powder 1 r> i ' 

A f i 1 ,• Barrels •, 
Musquet do j (^ 

"lis pounder 

Ladles with Staves V 9 

i * 



c S 
•dm 



u 

fit 


II 


11 




16 




17 




ISfiO 




1530 




1600 




8 








3 


2 


3| 2 


3 


2 



COLONIAL RECOUDS. 



45 



•^1.0^ 1 r> 1 18 pounders. 

Spunges with Staves and Kamniers ,• (^ ' 



1 18 pounders - 
Paper Cartridges -9 

IS pounders 
Copper Powder Measures V 9 

Spare Ladle Staves 



Large. 
SmaU. 



Aprons of Lead 

Powder Horns 

Priming Irons 

Liiili Stock without Cock 

Budge Barrels Copper Hooped 

Hand Spikes 

Crows of Iron oh feet 

Handscrews large 

Haircloths 

Sheep skins dozens 

Musquet Flints 

Fine paper Reams ■ 

Spunge Jacks 

Copper Nails for Ladles 

Small hammers 

Sling cart compleat 

Triangle Gin compl' with 2 Handspikes 

Iron Gin Blocks 

with Brass Shivers 

Tared Marlin Skins 

„,, ., T) " \ 5 Inches 

White Ropes 01 >qi 

) Muscovy - - 

5 Win 

) dark 

Tunnels of Plate 

Pick Axes helved 

Shovels shod 

Spades Heeld 

Hand Bills 

Hand Hatchets 

Wheel Barrows 

Hand Barrows 

Match in Bundles pounds 



Lanthorns 






3| 

41 

700l 

600: 

1600 

2 

2 

1 

12 

11 

16 

26 

42 

I 

4 
66 
1 
2 
0| 

ol 

100' 

7 
0' 
0| 





1 
1 
1 

o' 

0, 

Ol 

o 

1 

1! 

o; 
1 

1 

ii 
1 

8^ 
250i 



ROBERT HOWE 

Cap' Command' of Fort Johnston. 



46 



COLONIAL RECORDS. 



Return of the Ainiis & Accoutrements at Fort Johnston Nov*" 1' 
1771. 





bp 




cS 










CD 


^ 
o 




c2 


3 : 




^ 


0) 








c 


^ 


<c 


y=l 


& i 






m 


;§ 








tS 




03 


« 




■rH o 










tC 






n« 


r^ . 


-^ 






P3 




^ 




a> 


0) 




M'H. 




o 


^3 


&0 




in 




is 




? Cm 








o 


s 




3 Oj 


■;3 CD 


■^p > 


fee? 


a 


o-a 


3 


^ 

m 


S 


M 


ft"? 




Bl 


15 


17 i 


9 


O 1 


10 


10 


/ 


_i 


1 


8 


43 



ROBERT HOWE 
Cap' Command' of Fort Johnston. 



[P'KOM MS. Records in Office of Secketaey of State.] 



North Carolina 1 

Mecklenburg County, j 

To His Excellency Josiah Martin his Majestys Captain Gen- 
eral, Governor and Commander in Chief in and Over the 
Province of North Carolina and to the Honourable [Gen- 
tlemen of] his Majestys Council of Said Province 
The Petition of Sunchy the inhabitants & Settlers of the Late Gov- 
ernor Doblxs' Land Humblj' Sheweth 

Whereas we your Humble petitioners Leabours Under a real 
Grievance in Regard of Rents Due on said Land for when we pur- 
chased and Obtained our Titles of Governor Dobbs we Setled with 
him for the Rents Due on the Quantity of Land we Seperately 
bought of him to the Date of our Deeds So far back as to the 
Year 1760 and he informed us that he was to have an Requittance 
of all his Rents by the Crown so far back as to the Year 175G — We 
therefore hope You will take it into Your Wise Consideration and 
admit us to pay no Further back than to the Date of Our Deeds 
which we Confess we Justly owe and are willing to pay — we Once 
before petitioned to that Honourable Board in Governor Tryon's 
Time and there was an Order of Council Made that we Should be 



COLONIAL RECORDS. 



47 



admitted as Tennaiits and Pay so far back as to the Year 175(j 
which would be with what we Ijave paid Twelve years More Rent 
than what we Can think we Justly Owe and upon that Order the 
Receiver General gave orders to Destrain for the Rents which keeps 
Us in Dayly fears and we Your Petitioners submit ourselves to 
vour serious Consideration and as in Duty Bound shall ever Pra}"^ 



John Pfifer 
Samuel Patton 
William Hays 
Christopher "Walbert 
Lidras Reiuhart 
Longharts Hertzel 
Jacob Richy 
Adam Walcher 
Marcus Hausz 
Donald Sturz 



Martin Fishar Aron Alexander 

Charles Fishar Benjamin Patton 

Henry Blaelard Robert Rodgers 

Christian Abendschon John Rodgers 



Thos M^Faddou 
Alx' Ferguson 
John Cruzin 
Samuel Ferguson 
Robert Russell 
David Rees 



Paul Barringer 
John Hayler 
George Wilhelm 
Charles Hart 
Mathias Beaver 



[From SIS. Records in Office op Sf.cretary or State. 



To His Excellency Josiah Maktin Esq. Captain General, Gov- 
ernor AND Commander in Chief in and over the Province of 
North Carolina, and to the Hon"' the Council and Repre- 
sentatives in the House of Assembly. 

The Petition of the Inhabitants of "Wachovia or Dobbs Parish 
humbly sheweth, That in Consecjuence of an act of Parliament of 
the Twenty Second of His late Majesty's Reign, entitled an Act for 
encouraging the People known by the Name of the Unitas Fmtrnm 
or United Brethren to settle in His Majesty's Colonies in America 
(in which they were' acknowledged to be au ancient protestant 
Episcopal Church, and that it would be beneficial to the Colonies, 
to encourage their moving thither in greater Numbers) the District 
of Wachovia was first settled by them, and their Improvements 
meeting with the Approbation of this Government in the year 1755 
they were further favored with an Act of Assembly of this Prov- 
ince, intituled, "An Act for erecting that Part of Rowan County called 
Wachovia, into a distinct Parish, in which several Surveys of Land 
adjoining thereto were included under the Name of Dobbs Parish," 



48 COLONIAL RECORDS. 



And that in Consequence of this Act, the town of Bethabara, Beth- 
any, and of late Years also that of Salem, together with other Settle- 
ments in the said Parish, have been begun, whereof ^they are in 
Hopes, that they will be of Benefit to the Country adjacent to 
encourage Trade and Industrj'. 

But a late Act of Assembly made and passed at Newbern the IS"" 
Day of January in the year of our Lord 1771, for; dividing the 
county of RoAvan, fixing the Boundary in such a Manner that the 
Partition Line cuts the said Parish into two Parts, whereof one is in 
Rowan, and the other in Surry County, which Division would bind 
them to different Courts and Magistrates and with many^Inconven- 
iencies to the said Settlements. 

And whereas the County of Surry in general, as well as the 
Northern Part of Rowan County, finding themselves equally dis- 
tressed by the Smallness of the County of Surry, have petitioned for 
an Addition to be made thereto, Therefore the Inhabitants of Wach- 
ovia hoping that it will be of public Benefit to the Countj^, as well 
as their own Interest humbly pray, that in fixing the Boundaries of 
Surry County their whole Parish may be included. 

That the Premisses maj^ pass into a Law and that their Parish 
Act of the Year 1755 be confirmed is the Prayer of your humble 
Petitioners who as in Duty bound shall ever pi'ay 

Signed by Order of the Vestry of Dobbs Parish by 

GOTTFRIED GRABS ] r-i i a 
GOTTLIEB TOCKET / Churchwardens 

Bethap-ara the 9"" Nov"^ 1771. 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 219.] 

Gov' Martin to Earl of Hillsborough. 

North Carolina New Bern 

November 10'" 1771. 
I have the honor to acquaint your Lordship, that a rumour of a 
Boundary line being determined by His Majesty between North, and 
South Carolina on the representation of Lord Charles Montague, 
gives great alarm to the jrieople of this Province, which they con- 
ceive much injured by such a partition, and it seems the more to 



COLONIAL RECORDS. 49 



hurt them, as they had formed sanguine expectations of defeating 
Lord Charles's plan of division, by the intervention of Governor 
Tryon in consequence of the remonstrance of the Assembly at the 
last session, when his Lordships proposals to that Gentleman, were 
communicated; this My Lord is a subject matter of dispute between 
the two provinces, that I conceive it impossible to settle to their 
mutual satisfaction ; it is certain that by such a division as is talked 
of this province will be dismembered of a large tract of well 
peopled, flourishing Country, that has been long deemed to belong 
to it, but if his Majesty hath been pleased to determine it otherwise, 
it cannot be doubted, that his Royal decision is made upon the 
justest principles, my present meaning therefore. My Lord is only 
to inform your Lordship, of the manner in which the report of this 
matter has been received here, the Governor of this province, will I 
believe be the greatest sufferer by such an arrangement, which will 
very much diminish the little emoluments that arise to him from 
granting the King's Lands, that portion of Country taken off by it, 
being what is most in request with new settlers, and almost the 
whole field of his profit. 

The proprietary right of the Earl Granville in the heart of this 
Province I learn from all hands My Lord, to be a very principal 
cause of the discontents that- have so long prevailed in this Country; 
the superior excellence of the soil in liis District which includes bj' 
far the greater share of the fair and fertile part of this province 
invites emigrants from all the northern Colonies, who many of them 
bring money to take up Lands but Lord Granville having impow- 
ered no person here to give them titles they set themselves down 
where they please and because they cannot establish freeholds under 
these circumstances, they refuse to pa^' Taxes which has been and still 
is a source of perpetual discord and uneasiness. I am informed My 
Lord that this proprietary may be purchased upon very easy terms. 
I submit to your Lordship's consideration whether it is not an object 
that deserves the Royal attention. It seems here an universally 
acknowledged principle that this Country will never enjoy perfect 
peace until that proprietary which erects a kind of seperate interest 
in its bowels is vested in the Crown. The Quit Rents of that district, 
which would be immediately settled would produce a Revenue that 
would very soon reimburse the Purchaser who should paj' much 
more for it than sixty thousand pounds sterling, the price at which 
I hear it is valued. 

VOL. IX — 4 



50 COLONIAL RECORDS. 



I have from time to time forgot to mention to your Lordship, that 
the Province Seal was broke, when it was put into my liands, and 
that I was obliged to have it repaired before it could be used without 
doing it further injury, it is awkwardly mended but in such manner 
as to answer all purposes. 

A Report obtaining here that M' Mercer Lieutenant Governor of 
this Province is promoted to a new Government erected on the Ohio 
I most humbly beg leave to remind your Lordship of the long and 
faithful services of M' Hasell president of the Council of this province, 
his merits have been often represented to your Lordship by Gov- 
ernor Tryon and were particularly conspicuous during the operation 
of the Stamp Act. 

I have the honor to be &c 

JO. MARTIN. 



[From MS. Records in Office of Seceet.\ry op State.] • 

Tlie Public of North Carolina to James Green jun"' 

To my Pay as Armory from the 17"" of May to the 3'' £ s. d. 

.July 1771, 40 Days («i 7s. 6d IS 

To ditto as Clerk of the Provisions 20"' May to the S"* 

.July 1771 45 Days @ 7s. 6d 16 17 6 

To Enrolling & Assisting in Swearing 3,000 Persons stiled 

Regulators 2.5 

To making a fair Copy of the Roll to be sent to England 15 

i£74 7 G 

To paid for Storing 60G Fire locks 5 4 

To Storage of 606 Guns from the 3'' July to the 3'' Dec' 5 

months (^t) 20s 5 



£80 2 10 
Errors Excepted JAM^ GREEN Jun' 

New Bern Novem' lO'*" 1771. 



COLONIAL RECORDS. 51 



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

To THK Speaker, axd Gkntlemex of the House oe Assembly 
NOW Seating 

The Petition of Morgan Broun, Humbly Slieweth. 

That he was Sherriff for the County of Anson for two years; 
and that his lenity to the People in their impoverisht Circumstance, 
was such as put it out of his Power, to settle his Ace" and pay the 
Publick money within the time by Law Appointed, Therefore 
and in Order to Comply, with the duty of his Office, he sold of his 
own Estate, to M' James Robinson in Lands, sufficient to Discharge 
Your Petitioner from the Public, which the said Robinson under- 
took and Engaged to do, but neglect'd and left this Province before 
he Settled with the Publick Treasurer for your Petitioner, agree- 
able to promise. About that time the People Rebel'd and refused 
to pay their Tax's; and your Petitioner was Sued and imprisoned a 
Considerable time. At length the Gaol Door Open'd and he Came 
out Escape "Warrant Issued, and your Petitioner was obliged to 
fly to the south, in hopes that his Collectors would be so Honest 
as to settle, and pay the money in their hands, but as yet he has 
had no settlement with them ; They and others that is Indebted, to 
your Petitioner knows that he can't appear in Publick to recover 
his Debts, And Imprisonment will ever Deprive Mm of paying the 
Publick. And under the Present Circumstance he cannot call his 
Collectors and others to Ace' &c. Tho j'our Petitioner has upwards 
of Five Hundred Pounds due to him, besides a good number of 
Tax's Accompt'd for in his Settlement, and not received by your 
Petitioner, they being solvent Persons he settled with the Court for. 
Your Petitioner under the present unhappy Circumstances, Prays 
Relief, so far, as the Proceedings against him may be stop't for 
a time, in Order that your Petitioner may settle and Collect his 
Debts, which will in a short time luable him to Comply with all 
his Creditors, which is his sincere Desire and your Petitioner as in 
duty Bound shall Pray. 

MORGAN BROUN 

12'" Nov' 1771 



52 COLONIAL RECORDS. 



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

COUNCIL JOURNALS. 

At a Council held at the Palace Monday November IS* 1771 

Present 

His Excellency the Governor 

f James Hasell Alexander M'C'uUoch "^ 

The Hon"'' J John Rutherford William Dry I.Esnnirps 

inenon j Lewis H^DeRosset and , i^squnes 

1^ John Samjison Samuel Cornell J 

The Oathe of abjuration as altered by the G"" of George 3^ not 
being to be found in this province at the tim« of His Excellencys 
Qualification, the same being now produced His Excellency and the 
Hon. James Hasell and Samuel Cornell Esq' took the same and the 
Honbles John Rutherford, Lewis DeRosset, John Sampson Alex : 
IVrCulloch and William Dry Esq' now took all the Oathes to Gov- 
ernment. 

In consecjuence of a letter from His Majesty's Secretary of State 
to His Excellency signifying that Sir Nathaniel Dukenfield Bar' 
was appointed one of His Majesty's Council of this Province, he 
was admitted to qualify and was sworn in and took his seat 
accordingly. 

Marmaduke Jones Esq' produced liis Majesty's Mandamus dated 
4"" May 1771 appointing him a Member of the said Council and 
was accordingly sworn in and took his seat 

It being prescribed by His Majesty's instructions that all Officers 
whatsoever should take the Oathe of Abjuration as altered by an 
Act of the G'" of His present Majesty His Excellency took the 
opinion of the Council as to the expediency of issuing a Procla- 
mation directing the Administration of the said Oathe throughout 
the province. It is the sense of this Board that a Proclamation issue 
accordingly 

North Carolina, 

By His Excellency Josiah Martin Escf &c 
A Proclamation. 

Whereas it appears that notwithstanding the Act of Parliament 
passed in the 6"" year of the reign of His present Majesty for alter- 



COLONIAL RECORDS. 53 



iug the Oath of Abjuration the usual Oath as directed before that 
Act hath continued to be taken in this Province I have therefore by 
and with the advice and consent of His Majestys Council thought 
fit to issue this proclamation requiring all majestrates, officers and 
others whom it may concern, to take the said Oath of Abjuration as 
altered by the above mentioned act of Parliament 

Given under my hand &c at New Bern the IS"" November 1771 

JO. MARTIN. 



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



' to wit 



North Carolina 1 

New Hanover county / 

Henry Young esquire Coroner of the said county maketh oath 
that on or about the beginning of August last David Pollock keeper 
of the prison of the same county for this deponent, came to him 
this deponent wounded in a dreadful manner with part of his bowels 
out. That, understanding the wound was given b}' one or more of 
the criminals then in his custody, this deponent pursued and over- 
took them and found one of the prisoners whose name is Thomas 
Clarke with a knife in one hand and a razor in the other. That 
after some threats and attempt to escape the said Thomas Clarke 
surrendered, and acknowledged that he had wounded the said David 
Pollock. This deponent further saith that the said Thomas Clarke 
was committed to prison by a Magistrate of Brunswick county for 
breaking a chest on board of a vessel and stealing thereout money 
cloaths and other effects to a considerable value 

HENRY YOUNG 

Sworn to before me the 17"' Nov. 1771 
W" Campbell J P. 



To HIS Excellency the Governor the honorable council and 

THE members of THE HOUSE OP REPRESENTATIVES OF NORTH 

Carolina 
The Petition of David Pollock 
Humbly sheweth 

That your petitioner being keeper of the jmson in Wilmington 
on the fifth day of August last opened the prison-door in order to 



54 COLONIAL RECORDS. 



put a negroe woman slave then in the passage into one of the rooms. 
That in the night the said negroe had unbolted a door where one 
of the prisoners (to wit Robert Green) then was — That Thomas 
Clarke another prisoner was in a seperate apartment the lock of 
which was almost taken to pieces and as your petitioner was informed 
by the negroe was done by Robert Green That upon your peti- 
tioner's opening the prison door Thomas Clarke who was prepared 
rushed out with a knife in one hand and a razor in the other and 
wounded your petitioner in the belly so that part of his bowels came 
out of the wound — Your petitioner then left the Jail, locking the 
prisoners in the yard, and went with great difficulty to inform M^ 
Young the Coroner, under whom he acted. The people about him 
observing his dangerous and dreadful situation sent for every doctor 
that could be found, who came in a short time — Doctor Richard 
arrived first and reduced your petitioners bowels and with his hand 
closed the wound upon Doctor Parker's arrival, the wound was 
stitched. That your petitioner continued under care upwards of 
two months during which time he was attended by the said doctors 
who constantly visited him and dressed his wound. 

Your petitioner therefore humbly requests that as he has received 
so great an injury and been i:>ut to so large expences, & lost so much 
time in the service of the public 3'ou would be pleased to make him 
such compensation as shall be deemed adequate thereto and your 
petitioner as in duty bound shall pray &c 

'^. DAVID POLLOCK 

Sworne to Before me this 21°' day of November 1771 
William Rocesox .J P 



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

North Carolina — 

To THE Hon"" the Speaker and Gentlemen' of the House of 
Assembly now sitinc^. 

The humble petition of Faithy Smith Widow 
Sheweth 

That your petitioners late Husband John Smith on or about the 
first Day of April last lulisted in tlie Dobbs Detachment And 



COLONIAL RECORDS. 55 



Marched with the Army in the late expedition against the Insur- 
gents and in tlie Battel at the Alamance received a IMortal wound 
of which he on the next day after the said Battel died leaving j-our 
petitioner a very poor and distressed Widow with an Infant at her 
Breast and no kind of support except the pay of her Deceased hus- 
band allowed by his Commanding Officer to the Time of his Death 
only which is now exhausted, your petitioner in a low weakly Con- 
dition is likely to become Chargeable to the Parish 

Therefore humblj^ pray such Assistance and relief in tlie premises 
as this Hon"° House shall think meet 

And your pet" will ever pray &c 

her 

FAITHY X SMITH 

Mark 

November 20'" 1771. 



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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber in the Palace at New 
Bern Thursday 21" of November 1771 — 
Present 
His Excellency tlie Governor, 
f James Hasell William Dry ^ 

I John Rutherford Samuel Cornell 
The Hon'''' -' Lewis DeRosset Sir Nat' Dukenfield Bart ■{ Esquires 
I John Sampson and 

l^Alex M'Cullocli Marmaduke Jones Esq J 

The Governor laid sundry petitions in behalf of outlawed persons 
before this Board, desiring its opinion as to the measures proper to 
be taken thereon. It is the opinion of this Board that a surrender 
of the said outlaws should preceed any attention to the circumstances 
which may render them objects of mercy. 

His Excellenc}^ proposed to the Council the Hon. James Hasell 
as a proper person to fill the place of Chief Baron of the Exchequer, 
which was unanimously agreed on. 

Ordered a proclamation issue declaring that new Commissions 
forthwith issue. 



56 COLONIAL RECORDS. 



North Carolina — - 

By His Excellency Josiah Martin &c. 
A Proclamation 

Whereas, I have issued my proclamation bearing date the 22'^ 
day of August in the eleventh year of His Majestj's Reign requiring 
all Officers Civil and Military to continue in their respective offices, 
until my pleasure was further known, I do therefore by and with 
the advice and consent of His Majestys Council issue this proclama- 
tion hereby signifying to all officers Civil and Military that new 
Commissions will be issued forthwith, of which all persons concerned 
are required to take notice and govern themselves accordingly 

Given under my hand &c. 

JO. MARTIN. 



At a Council held in the Council Chamber at the Palace at New 
Bern 23'' November 177L 

• Present 

His Excellency the Governor 
f James Hasell William Dry ^ 

I John Rutherford Martin Howard j 

The Honble ■{ Lewis DeRosset Samuel Cornell [• Esquires 

I John Sampson and | 

1^ Alex M'Culloch !Marmaduke Jones J 

His Excellency laid before the Board letters and papers relative 
to the conduct of the County Court of Anson with respect to the 
Qualification of James Pickett as Sheriff of the County. It appears 
to this Board that the Qualification of the said Picket as Sheriff 
of the July Court 1771 under a Commission dated March 1771 is 
irregular. It is therefore recommended by this Board that the 
Governor issue a Commission for a Sheriff of the said County, 
according to the Act of Assembly. 



At a Council held in the Council Chamber in the Palace at New 
Bern 25* November 1771 — 

Present as before. 

Upon the complaint of John Nuckols Deputy Sheriff of Tryon 
County, to this Board, that he finds a difficulty in the exercise of 
his Office in that part of the Country bordering on S" Carolina, 
from a difference in opinion, prevailing amongst the Inhabitants 
with respect to the Dividing of the Provinces, founded on a report 



COLONIAL RECORDS. 57 



of His Majestys having ordered a new line — -It is the opinion of 
this Board that the Sheriff be governed in His Collection of Taxes 
and service of process by the Line hitherto observed. 

The Honble Martin Howard took the Oath of Abjuration as 
altered by an Act of Parliament of the 6"" of His present Majesty 



, At a Council held in the Council Chamber at New Bern, 27'" 
November 1771. 

Present 
"His Excellency the Governor, 

f .James Hasell * Martin Howard ^ 

I Lewis DeRosspt Samuel Cornell - | 

The Hon"" -( .John Sampson S'' Nath Dukenfield Bart ]• Esquires 

I Alex APCulloch and | 

1^ William Dry Marmaduke Jones J 

Col Alexander of Mecklenburg presented a petition to this Board 
in behalf of James White Jun' James Ashmore, Joshua Hadley, 
Rob' Davis, Benj. Cochran, William White, William White Jun', 
John White and Robert Caruthers, piraying that His Excellencj^ 
would extend His Majestys Pardon to the said persons, they being 
charged with setting fire to some powder destined for the late service 
of suppressing the Insurgents. His Excellency thereupon acc[uainted 
the Board that he had transmitted to His Majestys Ministers a proc- 
lamation of Governor Tryon's wherein the aforenamed persons were 
excepted out of His Majestys Pardon, and that he conceived the 
matter to be now under his Majestys consideration. Whereupon the 
Board gave it as their opinion and advice to His Excellency that he 
would recommend the aforenamed j^ersons to his Majesty as fit 
objects of His Mercy. 



68 



COLONIAL RECORDS. 



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60 COLONIAL RECORDS. 



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

To THE HOXORABLE M' SPEAKER AND GENTLEMEN OF THE ASSEM- 
BLY OF North Carolina, the 28"" of Novem' 177L 
The Humble Petition of Ann Biyan Widdow of William Bryan 
late an Ensign in the Craven Detachment Sheweth. 

That some time in the Month of March last, your Petitioners Hus- 
band, William Bryan, was appointed an Ensign in the Craven 
Detachment; and went out as such in the late Expedition under 
the Command of His Excellency Governor Tryon against the Insur- 
gents and was killed in the Battle of the AUemance, having left 
your poor unliapy Petitioner his Widdow with Six Small Children 
in Distressed Circumstances. And as Satisfaction at the present 
Assembly is to be made to those who were Out in the Service, your 
Petitioner humbly hopes this Honorable House will consider your 
poor Petitioner as having lost in the Service of this Country, all that 
was Dear to her by the Death of her Husband, And Afford her such 
Relief as in your Wisdom may be thought proper 

And your Petitioner as for Duty Bound will pray &c — 

ANN BRYAN 



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



Letter from Thomas Jones Esq to Sir Nathaniel Dukenfield. 

Pardon the trouble I am about to give you touching an affair 
that has very much disgraced the Magistracy of this County; you 
must know then Sir, that last Tuesday was the day appointed by 
Law for holding the Inferior Court of Tyrrell on which day appeared 
six Attorneys the Sheriff of the County and the Clerk of the Court 
at the Court house who continued there until Thursday Evening 
with the Grand and Petit Jurors plaintiffs and defendants with their 
witnesses as also Constables & during which time only two Justices 
appeared Viz' Col° Buncombe & John M°Kildoe, of Course no 
Court could be held for want of a third Magistrate — Until Thurs- 
day the people attended with becoming decency & patience, they at 



COLONIAL RECORDS. 01 



length grew Clamorous, damn'd the absent Justices (I think witli 
propriety) and then prevailed upon M"Kildoe to adjourn the Court 
over to the next Term, and went to their resj^ective homes. Some 
Gentlemen of property & Fair Character in this County then met 
together, and agreed upon the persons set down in the inclosed List 
to be only j^laced in the Commission of the Peace for this County 
and that the same should be transmitted to the Governor and 
Council. I imediately offered my service on this occasion, and have 
taken the liberty to state with truth the ill conduct of the Justices 
who neglected the publick business in so shameful a manner. The 
Sheriff & Clerk of Tyrrell will attend the Council board. It will be 
further necessary for me to add that no County Tax is laid, no Lists 
of Taxables are returned, no Sheriff qualified, in totidcm verbis all in 
confusion anarch}' & uproar; pray therefore lend your helping 
hand to remove this injury from a good people, & restore peace to 
His Majesties ancient County of Tyrrell. 

I am D' Sir, &c THO'. JONES. 

Tyrrell Court House 20"" Nov' 1771. 



A List of Justices for Tyrrel County 

Stevens Lee William Barnes 

Edward Buncombe Francis Lee 

Joseph Spruil Lucky John Stewart 

James Long John Everett • 

John M'Kildoe Edmonson Edward 
Sam'i Heck 



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

Mr. Hasell and others to the Governor. 

Newbern the oO"" November 1771. 

May it please your Excellency', 

The Reverend Mr. McCartney during his residence in this prov- 
ince, having giving the most ample Testimonies of his pious and 
zealous endeavours to promote the cause of Religion and virtue and 



62 



COLONIAL RECORDS. 



having laboured with the greatest assiduity in the discharge of the 
duties of his sacred function. We are induced to recommend him 
to your Excellency's kind offices in soliciting for him a continuance 
of that bounty which the Society for the propagation of the Gospel 
in foreign parts extended to him, for a limited time when he was 
ordained and returned to this country. 

We should not trouble your Excellency on this occasion did we 
not verily think that Mr. McCartney's merit most justly entitles him 
to a better reward than is provided here for the clergy, and were we 
not persuaded that he will be a credit to his holy profession, and 
continue to exercise his abilities for the benefit of mankind. 

We are with the greatest respect 

Your Excellency's 
most obedient humble Servants 



John Simpson 
Aquila- Sugg 
William Cray 
Richard Ward 
Saml. Johnston 
Robert Howe 
Fr. Mackilwean 
Ben Hardy 
Tho» Hines 
Rich" Evans 
Edw'' Hare 
William M^Kinne 
Tho' Gray 
Jam' Green Jun'' 
Joseph Leech 



Jos. Montfort 
Jas. Blount 
W" Davis 
Phiiimon Hawkins 
Jn° Campbell 
A. Nash 
Hu. Waddcll 
Andw. Knox 
W" Thomson 
Joseph Hewes 
Jacob Shepard 
Jacob Bluunt 
Ja' Bonner 
W™ Haywood 
Moses Hare 



Ja' Hasell 
Jn° Rutherford 
Lewis DeRosset 
John Sampson 
Alex' M^Culloch 
Will'" Dry 
Sam' Cornell 
Marmaduke Jones 
Nat. Dukenfield 
M. Moore 
John A.she 
J Moore 
Corn' Harnett 
R" Caswell 
John Harvey 



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



To THE HOXOR.VBLE M' SPE.iKER AND GENTLEMEN OF THE ASSEM- 
BLY OF N° Cakolina 3'' December 1771. 

The Petition of Thomas Caressey, William Fullerton and Charles 
Yeats, Humbly Shewcth — 
That some Time in the month of March or April Last 

Your Petitioner Tho° Caressey listed in the Carteret Detachment 



COLONIAL RECORDS. 63 



and went out under the Command of his Excellency Governer 
Tiyon as a Soldier against the Insurgents, and in the Bat- 
tle of the Alamance Received three wounds: one throu his Belly: 
& one throu Each arm; and in his Right arm the Bulet is Lodged 
Between the Bones; so that it Can not Be Cutt out; which wounds 
has Entirely Deprived him from Doing any thing for a Lively- 
hood; & he has no Estate To Live on — 

That your Petitioner William Fullerton in the same service; and 
in the same Battle Rec* a wound in hissRight Shoulder out of which 
since has Come eighteen splinter Bones By which his arm is Ren- 
derd Quite useless to him and as the Bone Dos Still Keep M'orking 
out the wond is never Likely To get Well — 

That your Petitioner Charles Yeats in the same Servis, and at the 
same Battle Rec'^ a wound in his Right Rist which Cut the Leader 
of his fingers By Which his Hand is Rendered useless To him — 
and your Petitioners Humbly Hopes this Honorable House will 
Consider your Poor Petitioners each of them According to their sev- 
eral Circumstances, and afford them such Relieff as in y' wisdom 
may be thought proper, and y' petitioners as in Duty Bound will 
prav &c. 

THOMAS CARESSY ) 

WILLIAM FULLERTON V 
CHARLES YEATS • j 



[From MS. Rscords in Office of Seceetary of State.] 

To THE PIOXORAELE M"' SrEAKER AND GeXTLEME.V OF THE ASSEMBLY 

OF North Carolina, 3* December 1771. 
The Petition of Isaac Reed, Moses Griffin, Benjamin Clash, Andrew 

Freasure, Thomas Clerk, John Strange and William Gilbert, 

Humbly Sheweth— 

That some Time in the Month of March or April last your Peti- 
tioner Isaac Reed, Listed in the Craven Detatchment and \^'ent out 
under the Command of His Excellency Governor Tryon as a soldier 
against the Insurgents, and in the Battle of the AUamance Received 
two wounds one in his Right Hand and one in his Right Elbow, 
which has Intircly deprived him of the use of his Right Arm, and 
that he hath a family, a wife and four Children, whose support 



64 COLONIAL RECORDS. 



depended on his own labor as having no ncgros or other Estate suf- 
ficient to maintain them, 

That your Petitioner Moses Griffin in the same Service and at the 
same Battle Rec* a Wound in his Knee, which hath made him a 
Cripple for Life. 

That your Petitioner Benjamin Clasli in the same Battle received 
two Wounds one in the Hand & one in tlie Belly which hath also 
rendered him unable to Labour. 

That your Petitioner Andrew Treasure, of the Artillery was Blown 
up with Powder & Received a Wound in his Ankle which has made 
him a Cripple. 

That your Petitioner Thomas Clerk rec* in the same Battle a 
Wound in the Shoulder which has rendered him Incapable of 
Labour. 

That your Petitioner John Strange, received a Wound in his 
Knee which has made him a Cripple — 

That your Petitioner William Gilbert has also received a wound 
in his Leg which has made him a Cripple 

And your Petitioners Humbly Hopes this Honorable House will 
Consider your Poor Petitioners each of them Acording to their Sev- 
eral Circumstances, and afford them Such Relief as in y' wisdom , 
may be thought proper and y' Petitioners as in Duty Bound Will 
pray &c — 

THO' CLERK ISAAC REED 

JOHN STRANGE MOSES GRIFFIN 

WILL" GILBERT AND''' FREASURE 

BENJ^ CLASH 



- [B. P. R. O. Am. & W. Isd: No. Carolina. Vol. 218.] 

Earl Hillsborough to Governor Martin 

Whitehall 4'" December 1771. 
I have not failed to lay before the King your dispatch No 1. which 
was received at my Office a few Days before my return to London 
and I beg leave to congratulate you on your safe arrival in your 
gover' and to express to you my sincere wishes that your administra- 
tion may be happy and prosperous. 



COLONIAL RECORDS. 65 



The Advice and opinion of Gov" Tryon would Iiave been alone 
sufficient to have jastified your declining upon your Arrival to con- 
vene a new Assembly but the Inconveniences which you state would 
have attended a General Election in the Month of August and the 
other reasons you assign are additional Arguments against it & your 
conduct on that occasion is approved by the King. 

The Tranquillity which you say now reigns in that Country which 
has of late exhibited scenes of so disagreeable a nature is most pleas- 
ing to the King, and it is His Majestys Command that you should 
pursue every lenient measure that may conduce to quiet Peoples 
minds, to extinguish the remembrance of such unfortunate events 
and to obviate all just ground of future uneasiness & discontent. 
The Heavy Burthen brought upon the whole Colony by the Measures 
which the madness of a few desperate Men, compelled the late Gov- 
ernor to pursue, is not one of the least of the Evils, flowing from the 
late" disorders and tho' as I have repeatedly observed to M' Tr3'on, 
the King cannot concur in any Act for creating a Paper Currencj' 
upon conditions inconsistent with the Law of England, yet His Maj- 
esty commands me to say, that any plan for that purpose which shall 
not contradict the Provisions of the Act of Parliament for restraining 
Paper Bills of Credit in the Colonies will be considered in the most 
favorable light, and every fiicilitj' given to it that His Majesty's faith- 
ful subjects in North Carolina can wish. But I am more particularly 
called upon on this Occasion to direct your Attention to the Act of 
Parliament, as some other Colonies have by framing their Acts for 
establishing a Paper Credit in such a manner as to make those Bills 
a Legal Tender at the Treasury of the Colony, laid the Privy Coun- 
cil under the necessity of advising the King to disallow them. I 
observe, Sir, that in one part of your Letter j-ou seem to apprehend 
that the creating a Paj)er Credit for defraying the expence of the 
late Measures will meet with difficulties that cannot be removed 
without Instructions from His Majesty, but as you do not explain 
yourself as to what those difficulties are likely to be, it is impossible 
for me to foresee them ami consequent!}' to propose any Instructions 
on that Head. 

In the last letter I received from M' Tryon relative to the Affairs 
of North Carolina and which is dated from New York, he expresses 
a wish that the Plantation and estate of Benjamin Merrill, a Captain 
of the Militia & who was one of the six Rebels executed on the 19'" 
of June may be granted to a Wife and eight Children he left behind 

VOL. IX — 5 



66 COLONIAL RECORDS. 



him, and I have it in command from tlie King to signify to you His 
Majesty's Pleasure, that you do accordingly take the proper measures 
that whatever property belonging to that unhapi^y person became 
forfeited to the Crown by his conviction should be regranted to his 
Widow and Children 

I am &c 

HILLSBOROUGH. 



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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber at New Bern December 

6'" 1771 

Present 

His Excellency the Governor 
f James Hasell William Dry ^ 

I John Rutherford Samuel Cornell 

The Hon"" ■< Lewis Henry DeRosset S' N' Dukenfield Bar' )■ Esq" 
I John Sampson and 

l^Alex M°Culloch Marmaduke Jones J 

Read and pa.ssed sundry patents for Land from N° 425 to 475 
inclusive. 



At a Council Monday the 9"" December 

Present as before. ,. 

His Excellency ordered that Commissions of the Peace issue the 
following Counties Viz Anson, Beaufort, Bertie, Brunswick, Bute, 
and Carteret, to John Rowan to ascertain &c. 



[B. P. R. O. Am. & W. IKD. : No. Carolina. Vol. 219.] 

Governor Martin to Earl Hillsborough. 

NoKTH Carolina New Bern. 

December 12"' 1771. 
I have the honour to transmit to your Lordship herewith, a Copy 
of my Speech at the opening of the Session of the General Assem- 



COLONIAL RECORDS. 67 



bly on the 19'" of last montli, witli the Addresses of the two Houses 
and my answers. 

As far as I am able to discern at present, the most difficult 
business of this Session will be to make provision for the service of 
the Militia forces, employed to suppress the late Insurrection, which 
appears to me to be indispensible to the present peace, and the 
future security of this Country, for My Lord if any delay occurs on 
this head, many poor people, who forsook their homes and left their 
Crops to perish, in order to support Government in that time of 
defection, depending on its faith for recompence, must starve; a 
circumstance such as must necessarily abate the forward Loyalty, 
that has so lately triumphed over rebellion here, and for want of 
which, the Colony at a future day may become a prey to sedition, 
and violence, a consideration that involves an endless train of con- 
sequences to his Majestys American Empire. The representations 
made by Governor Tryon of the state of the finances of this Coun- 
try and your Lordships knowledge of the expedient that was 
resorted to in a less pressing emergency, in the year 1768 of issuing 
debenture notes, induced me to hope that I should have been 
delivered from all embarrassment on this subject and the rather as 
I solicited it in the first letter I had the honor to write to your 
Lordship, from hence, it was in this expectation pai'tly that I pro- 
rogued the General Assembly beyond the period to which it stood 
prorogued at my arrival. It is most certain my Lord that the pres- 
ent exigence can only be supplied by extraordinarj^ means, what 
they may be I cannot precisely tell but I will endeavour that they 
be such as shall be the least injurious and exceptionable. If I am 
obliged to countenance the same expedient that served a former 
necessity Your Lordship may be assured, it will only be upon the 
clearest evidence that it is the last shift, and then with true repug- 
nance not only on account of the difficulty with which I see the 
Lords Commissionei's for Trade and Plantations before got over it 
but as it is inducive of a fraudulent medium of circulation which 
I am clearly of opinion it is contrary to good policy to augment. 
That I may not here appear inconsistent I must inform your Lord- 
ship that my opinion of the expedient of a new emission of paper 
bills, of great amount offered to your Lordship's consideration in mv 
first letter was formed upon the Judgment of Governor Tryon, 
with which, mine upon closer examination of this subject does 
not correspond; but although such is my fixed principle My Lord I 



COLONIAL RECORDS. 



cannot think this province under its present circumstances consider- 
ing the great deficiency of specie can dispence with the want of 
such a medium of circulation altogetlier. Tlie legal tender bills of 

credit now current amounting to £42,800 ought before this 

time to have been sunk, but the funds established for that purpose 
have proved deficient which is in part owing to erroneous destruction 
of other later emissions of paper, in their stead and to the insolv- 
ency of the Collectors of Taxes, but chiefly from neglect to replace 
sums that have been at sundry times drawn from it and from the 
withdrawing prematurely in the year 1768 a poll tax of tliree 
shillings appropriated to tl:at fund. Bj'' an accurate account of the 
public accounts made in consequence of a vote of the Assembly at 
the last Session it appears that there is due to the public on the 
several funds upwards of sixty six thousand pounds which is in 
the hands uf the Tax Collectors of various denominations; of this 
sum only twelve thousand pounds arises from tlie sinking fund; 
its deficiency must therefore be made up from the surplussages of 
the other funds when the outstanding debts are collected, and it 
cannot be doubted that a future Assembly will readily make such 
an application as the only means of sinkirig this money for which 
the public faith is pledged. I shall think it my duty to press the 
Assembly to effectual measures for calling in the public debts which 
being taken will bring into the Treasury it may be presumed 
at least fifty thousand pounds; that will there lie dead, and be 
ready I hope at the next Session, for application to the sinking 
fund as far as may be necessary to the extinction of the legal 
tender paper. Uiider these circumstances My Lord I apprehend if I 
am compelled to give in to the expedient of issuing debenture notes 
to satisfy the clamours of the people, who lately stood forth here in 
support of Government this Country may admit of such an augmen- 
tation of the paper Medium without depreciation below its present 
standard, with respect to the st-erling exchange which is at this 
time lower here than at New York. 

I now transmit to your Lordship a Copy of a Message from the 
Assembly desiring me to grant a i)ardon to the Insurgents with cer- 
tain exceptions and my answer thereto, which I hope will meet with 
his Majesty's and your Lordships approbation. 

Having received a petition in behalf of certain persons (of wliose 
names I now send your Lordship a list) excepted in one of Gov' 
Tryon's proclamations under the description of j^ersons concerned in 



COLONIAL RECORDS. G9 



destroj-ing General Waddcll's ammunition I laid it before his Maj- 
esty's Council and it appearing that the young people guilty of this 
heinous offence, had been ever well affected to Government of good 
character and seduced by misrepresentation to this violence, the 
board unanimously joined in request to me to recommend them for 
his Majesty's most gracious pardon w'liich I thought it out of my own 
power to extend to them, after I had referred the matter to the con- 
sideration of my Royal Master. 

I am of opinion as I had the honor to tell your Lordship in a 
former letter that a pardon of as great extent as his Majesty shall 
see fit may be a healing measure well applied and I therefore most 
humbly recommend it to the Royal Consideration. 

Benjamin Merrill one of the six criminals executed soon after the 
action with the Insurgents has left an innocent and miserable family 
consisting of his widow and seven young children who must starve 
unless his Majesty will be graciously pleased to continue to them 
possession of the lands of the delinquent. I am therefore my Lord 
engaged by the feelings of humanity to implore his Majesty's favor 
to this wretched and fatherless family. 

Your Lordship will receive herewith a copy of a Message from the 
Assembly relative to the detention of a vessel the property of one of 
his Majesty's subjects in this Colony and her Crew at La vera Cruz 
with Copies of papers therein referred to authenticated under the 
province seal. I propose as a means of obtaining the speediest release 
of his Majesty's subjects and reparation for this injury to make appli- 
cation to the Commander in Chief of his Majesty's squadron at 
Jamaica, in the meantime I thought it my duty to transmit to your 
Lordship the best evidence on this matter for his Majesty's informa- 
tion and lest satisfaction should not be had tlirough the intervention 
of that Officer. 

I received last month a visit from King Row of the Catawba Nation 
who came with three of his Chiefs under the usual pretext of resj^ect 
and amity to furnish themselves with conveniences and luxuries, 
which they beg with no very scrupulous delicacy. I learned from 
them that their whole tribe does not amount to six hundred and 
that having made j^eace with all their enemies they are resolved 
quietly to devote themselves to the culture of their lands and to the 
attainment of knowledge in Religion and the Arts that tend to civilize 

rude nature 

I have the honor to be &c 

JO. MARTIN. 



70 COLONIAL RECORDS. 



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

To ins ExcELLENX'Y JosiAH Martin Esq' Captain General, Gov- 

ERNbR & Commander in Chief in and over the Province of 

North Carolina — 

The Petition of Philemon Hawkins showeth That Thomas Bell, 
and Henry Hill Es"*' are not proper and fit persons to be Honoured 
with the Comission of Justices of the Peace in the couutj^ of Bute 
or Elsewhere, for that the said William Tabb, Thomas Bell, and 
Heniy Hill are Extremely Ignorant of the principles of common 
Justice, or Guilty of Gross partiallity and want of rectitude in many 
of their proceedings, particularly in the Cases contained in the paper 
hereunto annexed, and many more which your petitioner when 
called upon will prove to the entire satisfaction of your Excellency 
and the members of his Majesty's Honorable Council 

Therefore your petitioner most humblj' prays that the Conduct of 
the Said Justices may be Examined and such measures taken 
thereon as may to you seem most Just and your petitioner as in duty 
shall ever pray 

PHILEMON HAWKINS 

Newbern Dec' 19'" 1771 



M' Tliomas Bell gave Judgement for fort}' shillings and cost against 
Thomas Jones at the Instance of Lodowice Alford where there was 
not the Least collour of Justice or pretention to a Legal Demand. 

M' AVilliam Tabb in a case where one Thomas Smith w'as Plaintiff 
against one Thomas Byrd," notwithstand^ the fact on which the Com- 
plaint was founded appeared to be fully jirovod, gave Judgement 
that the Plantiff should pay Costs, and on the plantiffs refusing to 
Comply altered his Judgement, and made an order that a third j)er- 
son should pjay such Co.st. 

In a Case where one Francis Mabry was jjlantiff against one 
Byreson, M' Tabb would not admit testimonies who were offered to 
prove the Justice of the Plantiffs Demand, and gave Judgement 
against him, which Drove the Plantiff to the necessity of appealing 
to Court or to loos his Debt, he Choosed the Later and succeeded 

M' Tabb Issued a AVarrant in the name of one Anne Jones against 
William Green, and Caused Evidences to be .summoned, and the 
Warrant Served without her Consent or Knowledge 



COLONIAL RECOltDS. 71 



M' Tabb used Iiis utmost Induence to proc-ure one Francis Mabiy 
to sware falsly in a Case where the said Tabb was Interested 

In a Case where one Thomas Jackson was Plantiff against WilUam 
Tabb M' Henry Hill gave Judgement in favour of his Brother Jus- 
tice, alltho the Demand was Just and fully proved by Indiffereut 
witnesses 

M'' Thomas Bell and Henry Hill give Judgement against one Ben- 

jeman Hill at the suit of and on Hill's offering to appeal from 

their Judgement, thej' not "Willing that their doings should be made 
publick altered the Judgement in Hill's Favour, 

Henry Hill frequently Issues Warrants in Cases of slander and in 
particular one Joseph Martin was on his said Hill's Warrant brought 
before M' Bell for speaking Defamatorj^ words of one Tyrrel, and on 
Martins not being able to Justify to M' Bells Satisfaction he was 
Committed by him to prison These and Numberless other similar 
Cases of Ignorant, arbitrary', and partial Conduct, Can be made 
appear by Incontestable proofs 

Newbern Dec' 19'" 1771 



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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber at New Bern the 21" 
December 1771 

Present 
His Excellency the Governor 
r James Hasell William Dry ^ 

m TT bie Lewis DeRosset Samuel Cornell tj, 

The Hon -^ ^j^_^ M=Culloch S' N Dukenfield & ( E«q"ires. 

I^John Sampson Marmaduke JonesJ 

Read the petition of Philemon Hawkins respecting the conduct, of 
William Tabb Thomas Bell and Henry Hill as Justices of the Peace 
for Bute County. 

Ordered that the said Magistrates answer to the complaint in the 
said petition at the sitting of Council at the next Assembly, and 
that notice be given them accordingly. 

His Excellency ordered that Commissions of the Peace issue for 
the following Counties, Viz. Edgecombe, Guilford, Granville, Hal- 
ifax, Hertford, Orange, Wake, Onslow, Rowan and Perquimans. 



72 COLONIAL RECORDS. 



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

North Carolina — 

Know all men by these presents That We John Harvey Jacob 
Blount and Joseph Montfort are held and firmly Bound unto His 
Excellency Josiah Martin Esquire Governor in Chief of the said 
Province in the penal Sum of Ten thousand pounds proclamation 
money to be paid unto His said Excellency Josiah Martin Esquire 
or to the Governor or Commander in Chief for the Time being And 
to which payment well and truly to be made We bind ourselves 
our Heirs Executors and Administrators firmly hj these presents. 
Sealed with our Seals and dated this twenty third Day of December 
in the Year of our Lord One Thousand Seven hundred and Seventy 
One 

Whereas bj'' Act of Assembly passed this Day the above Bounden 
John Harvey is appointed a Commissioner to Sign and Stamp 
Debenture Bills Chargeable on the public Treasury of this Province 
to the Amount of Sixty thousand j^ounds proclamation Money. 
The Condition of the above Obligation^ is such that if the above 
Bounden John Harvey shall duh' and faithfully Execute and Dis- 
charge the Trust reposed in him according to the true intent & 
meaning of the said Act then this Obligation to be void and of 
none effect, Otherwise to be and remain in full force and virtue — 

JOHN HARVEY [Seal.] 
JACOB BLOUNT [Seal.] 
JOS: MONTFORD [Seal,] 

Signed Sealed and Delivered in the presence of 
Jam' Green jun'' 
E Glasgow 



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

North Carolina — • 

Know all Men by these Presents that We John Rutherford John 
Ashe and Robert Schaw Esq" are held and firmly bound to His 
Excellency Josiah Martin Esq' Governor of the said Province in 
Ten thousand pounds proclamation Money to be paid to His Excel- 
lency the Governor or to His Successor in office His or their assigns 



COLONIAL RECORDS. 73 



for which jaayment well and truly to be made We bind ourselves 
our heirs Executors and Administrators firmly by these presents 
sealed with our seals and dated this twenty third day of December 
Anno Domini one thousand Seven hundred and Seventy one. 

Y\'^hereas by an act of Assembly passed this day the above bounden 
John Rutherford is appointed a Commissioner to Sign and Stamp 
Debentures chargeable on the public treasury of this province to the 
Amount of Sixty thousand pounds proclamation money Now the 
Condition of the above Obligation is such that if the above bounden 
John Rutherford do dulj' and faithfully execute the tru.st reposed in 
him agreeable to the intent and meaning of tlie said act of Assembly 
then the above Obligation to be void and of none effect, otherwise 
to be and remain in full force and virtue 

JNO. RUTHERFORD [Seal.] 
JOHN ASHE [Seal.] 

ROB' SCHAW [Seal.] 

Signed Sealed and Delivered in the presence of 
Marmaduke Jones 

Tll" BURGWIX 

N° Carolina — 

John Rutherford Esq' one of the Commissioners Appointed by act 
of Assembly this day passed for Stamping and emitting of Sixty 
thousand pounds proclamation Debenture bills chargeable on the 
public treasury of this Province Maketh Oath that He will faithfully 
and duly execute and discharge the trust reposed in him according 
to the true intent & Meaning of the Said Act 

JNO. RUTHERFORD 

Sworn before me this 23'' daj' of Dec' 1771 
Marmaduke Jones 



[Feom MS. Records in Office of Secretaet of State.] 

North Carolina— 

Know all Men By these Presents That We Lewis Henry DeRosset 
John Sampson and Cornelius Harnett Esq" Are Held and Firmly 
Bound unto His ExcelP^ Josiah ^Martin Esq' Governor In Chief of 



74 COLONIAL RECORDS. 



the said Province in the Penal Sum of Ten Thousand Pounds Procla- 
mation money to be paid unto His said Excell"^ Josiah Martin or to 
the Governor or Commander In Chief for the time being and to the 
which Payment well and truly to be made -We Bind Ourselves our 
Heirs, Executors, and Administrators Firmly by these Presents. 
Sealed witli Our Seals And Dated this twenty third Day of Decem- 
ber in the Year of Our Lord One Thousand Seven Hundred And 
Seventy One 

Whereas By Act of Assembly passed this Day The above Bounden 
Lewis Henry DeRosset is appointed a Commissioner to Sign and 
Stamp Debenture Bills Chargeable on the Public Treasury of this 
Province to the Amount of Sixty Thousand Pounds Procla. money. 
The Condition of the above Obligation is such That If the above 
Bounden Lewis Henry DeRosset shall duly and faithfully Execute 
and Discharge the Trust reposed In him according to the true Intent 
and meaning of the said Act Then This Obligation to be Void and 
of none Effect, otherwise to be and remain In full Force & Virtue 

LEWIS DeROSSET [Seal.] 
JOHN SAMPSON [Seal.] 
CORN' HARNETT [Seal.] 
Signed Sealed and Delivered In Presence of 
W" Palmer 

AViLL CUMMING 



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

NoETH Carolina — • 

Know all men by these presents that We Richard Caswell Corne- 
lius Harnet and Joseph Montfort are held and firmly Bound unto 
His Excellency Josiah Martin Esquire Governor in chief of the said 
Province in the penal Sum of Ten thousand pounds proclamation 
Money to be paid unto His said Excellency Josiah Maitin or to the 
Governor or Commander in Cliief for the time being and to which 
payment well and truly to be made We bind ourselves our Heirs 
Executors and Adminis" firmly by these presents. Sealed with our 
Seals & Dated this Twenty third day of December in the Year of our 
Lord One Thousand Seven hundred & Seventy one 



COLONIAL RECORDS. 75 



Wliereas by Act of Assembly passed this Day tlio above Bounden 
Richard Caswell is appointed a Commissioner to Sign & Stamp 
Debenture Bills Chargeable on the Public Treasury of tliis Province 
to the Amount of Sixty Thousand Pounds Proclamation Money. The 
Condition of the above obligation is such That if the above Bounden 
Richard Caswell shall duly and faitlifuUy Execute and Discharge 
the Trust reposed in him according to the true intent and meaning 
of the said Act then this Obligation is to be void and of none effect, 
Otherwise to be and remain in full force and virtue — 

R^ CASWELL [Seal.] 

CORN' HARNETT [Seal.] 
JOS. MONTFORT [Seal.] 
Signed Sealed and delivered in the presence of 
Jam' Gkeex Jun' 
J Glasgow 



[From MS. Records in Office of Secretary State] 

COUNCIL JOURNALS. 

At a Council held at the Council Chamber at New Bern the 24"" 
December 1771 — 

Present 
His Excellency the Governor. 
( James Hasell ^ 

The Honble -■ John Rutherford and V Esquires. 
( Marmaduke Jones j 
His Excellency ordered that a Commission of the Peace issue for 
the following Counties, Viz. Northampton, Hyde, Pitt, John.ston, 
Mecklenburg, New Hanover and Tryon. 



[B. P. R. O. A.M. & W. Inc.: No, Carolin.4. Vol. 219] 

Governor ilartin to Earl Hillsborough. 

NoKTn Carolina New Bekx 

December 26'" 1771. 
I liavc the honor to inform your Lordship that at the conclusion 
of the business of the Session of the General A.ssemblv of this 



7(3 COLONIAL RECORDS. 



Province on the 23"" Instant I dissolved the Assembly. A measure 
taken by me my Lord not only iu conformity to his Majesty's 
instructions but as expedient in my opinion towards conciliating the 
minds of the people only intent upon a new representation which I 
am assured cannot be selected so bad as the la.st. It was however 
indispensibly necessary to keep that to provide for the present exci- 
gences; since it is universall\' agreed that a future Assembly would 
not have been found to do it. 

A great part of the time of this Session my Lord was consumed 
in the most disorderly speculations such as I am informed are con- 
stantly the offspring of a necessity to raise money in this Country. 
A Majority from the Southern district iu which the people are 
almost universally necessitous and in debt and whose policy it seems 
it has been to overflow the province with paper mone}^ would have 
availed themselves of this exigence and made it a pander to that per- 
nicious design. The minority from the Northern districts as warmly 
opposed this sj-stem ; the first plan was again and again retrenched 
of extravagences. Long contention at length began to create ill 
humor on both sides and I entertained apprehension that no measure 
would be taken to satisfy the poor people who relying on the public 
faith had so notably stood forth in support of Government and were 
actually starving for want of their promised stipend. I was therefore 
my Lord glad at last to close with the only expedient they would 
adopt that could serve the present emergency, and I have given my 
assent to an act for raising the sum of sixty thousand pounds j^roc- 
lamation money the vast amount of the expense of suppressing the 
late insurrection for which stamped debenture notes are to be issued . 
forthwith. I have likewise My Lord given my assent to an act 
to indemnify the people who acted in behalf of Government on that 
occasion who would otherwise have been torn to pieces by malicious 
and vexatious prosecutions in this Countrj'- where a spirit of litiga- 
tion prevails beyond example. For both these steps M3' Lord out of 
the ordinary course of things and over tlie limit to which I wish to 
confine my self I must build my hopes of justification on the sole 
ground of necessity which I thought my duty to his Majesty called 
upon me to yield in these instances to prevent the certain confusion 
that a suspence of such measures would have occasioned by alien- 
ating the affections of the very poor people who had been so recently 
the Bulwark of his Majesty's Government in this province and who 
now looked up to that Government for Justice from their Country. 



COLONIAL RECORDS. 77 



The assurances given me by tlie Assembly that they had taken 
effectual measures to call in the public Debts afford me hopes 
that this emission of paper considerable as it is will not depreciate, 
especially when I consider it will be near four months before it can 
be altered, in which time by a proper exertion of the Treasurers I 
apprehend a sum nearl}^ equal will be taken out of the hands of 
the public Debtors which will thenceforth lie dead until another 
Session when the public faith will call upon the next Assembly to 
make up the deficiencj' of the fund established for sinking the legal 
tender paper. That can only be done by the application of as much 
of this excess of the other funds as shall be necessary to its aid, and 
this I shall lend all my strength to accomplish as essential to the 
preservation of the public credit. 

The Acts and .Journals of the late Session of the General 
Assembly I will transmit to your Lordship as soon as I can obtain 
fair copies of them. 

I received a few days ago under your Lordships cover through 
the hands of Lord Charles Montague his Majesty's Royal Instruction 
directing me to appoint Commissioners to act jointly with Commis- 
sioners to be appointed by the Governor of South Carolina in run- 
ning a boundary line between the two provinces. Accordingly my 
Lord I communicated without loss of time his Majesty's commands 
to the Assembly and desired they would enable me to defray the 
charge of the service prescribed, which was refused upon the reasons 
whicii will appear to your Lordship in their Message in answer to 
me herewith transmitted. I am now at a loss my Lord, how to pro- 
ceed in this business and shall be more so if Lord Charles Montague 
does not according to my proposition engage the province under his 
Government to bear the whole expense. 

The embarrassments of the last session have been such as to leave 
me no opening to procure the amendments in the Laws as prescribed 
by the Lords Commissioners for Trade and Plantations by their 
Lordships letter of the 12"" of last December to Governor Tryon. 
At the next Session I hope I shall be able to accomplish that busi- 
ness to their Lordships satisfaction. It is indeed my Lord matter of 
wonder to me that under my circumstances of ill health I have 
be^en able to endure the weight of business with which I have been 
oppressed ; nothing I think can have supported me but my earnest 
desire of doing right. If I shall be so happy as to find my conduct 
approved b}' my Royal Master such a recompence my Lord will 



78 COLONIAL RECORDS. 



alleviate all my suiferings and enable me to encounter with cheer- 
fulness every difficulty that may present itself. 

The loyal struggle lately made here and the distressed state of 
this Country's finances I am hopeful My Lord will recommend it to 
his Majesty's Royal consideration and induce a parliamentary 
Relief 

By the returns made to me it appears that after the action with 
the Insurgents six thousand four hundred and nine men came into 
the several detachments of the Army and took the Oaths to Gov- 
ernment in consequence of Governor Tryon's Proclamations, and 
that between seven and eight hundred stand of arms were collected 
from them which are for the most part unserviceable 
I liave the honor &c 

JO. MARTIN. 



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

COUNCIL .lOURNALS. 

At a Council held in the Council Clianiber at the Palace in New 
Bern 30'*' December 1771 — 

Present 
His Excellency the Governor. 
(' James HascU Samuel Cornell ] 

Th3 Honblo< John Rutherford and v Esquires 

( Martin Howard S. N. Dukenfield Bart J 
The Governor having thought it expedient to dis,solvc the Assem- 
bly on the 23"^ Instant, desired the advice of the Council when it 
was most proper to call a new Assembly. The Board were unani- 
mously |of opinion that the Writs should forthwith issue for the 
Election of a New Assembly to meet at New Bern on the 1 1"" day 
of May next. And it was ordered that a proclamation issue accord- 
ins to the usual Tenor. 



COLONIAL RECORDS. 70 



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

To HIS Excellency Josiaii ]\Lvrtin Esquire Governor and Com- 
mander IN Chief of the Province of North Carolina 
The Petition of the Freeholders and Inhabitants of and near Camp- 

belton in Cumberland County'^ [This 13"' March, 1772.] 
Hvimbly Sheweth 

That his Excellency Arthur Dobbs esquire former Governor of 
the said Province for good and sufficient Reasons, thought proper 
to grant his Majesty's Royal Charter to Campbellon aforesaid, in 
which, amongst other Privileges, was that of electing a Member to 
represent them in General Assembly. 

That the said charter however well intended, and in the infancy 
of Campbelton, well adapted to the circumstances of the plan, and 
conditions of those who resided there at that Time, yet, from the 
alteration that Town has undergone by the increase of its Inhabi- 
tants, and the improvement of Commerce, the Charter in its present 
form, cannot answer the purposes for which it was intended. \\'e 
therefore the subscribers beg leave humbly to rejiresent to your 
Excellency, that the said Charter gives a power to ail persons whom 
accident or design shall bring within two miles of the Court-house 
of Campbelton, on the day appointed for the election of a Member 
to give their suffrages ; aliho' their proper })lace of residence be far 
out of the limits of the said Town, and altho' they have no property 
in that or any other place to become the subject of re{)resentation. 

That in a trading Town like Campbelton the Men of property 
are the fewest in Number which must ever throw the power of 
determining the Election in the Hands of transient persons. Boat- 
men AVaggoners and other Laborers, and take it from their Employ- 
ers, who are principally interested in securing or improving from 
their right of Representation, the property of the Town. 

For this reason. \ve the Subscribers humbly request your Excel- 
lency to grant a new Charter impowering all persons, being Free- 
holders within two miles of the court-house of Campbelton or seized 
of an Estate for their own, or the life of any other person in any 
dwelling-house (such house having a stone or brick Chimnej' there- 
unto belonging and appendent) to elect a Member to represent 



*The petition and the charter following it should appear on page] 27i post at 
the end of the Council Journals on that page. — Editor. 



80 



COLONIAL RECORDS. 



them ill General Assembly Whereby we humbly conceive tljat the 
right of election will be lodged with those who only have right to 
claim it and the purposes for which the Charter was granted to 
encourage Merchants of property to settle there fully answered. 
And your petitionei's shall ever pray &c. 



Ricli'' Lyon 
George Mylner 
Henry Giffard 
Jolm Ingram 
Neill MacArthur 
Alex' MacArthur 
James McDonald 
Andrew Reid 
Rob' Borggan 
James Loyd 
Patt Travers 
•lolm Murphy 



John Miller 
William Blauchfield 
Dan Ochiltree 
Benja M^Natt 
John Welsh 
Robert Mackie 
John Dobbins 
Alex' Freil 
Oliver White 
Peter Nessers 
Caret White 



Lewis Powell 
Lewis Barge 
Mark Cole 
Ferq'' Campbell 
John Brown low 
Philip Raiford 
Arthur Council 
Hepburn Nelson & C° 
Robert Cochran 
A Maclaine 
Will Hooper 



NoKTH Carolissta — Ss. 

George the third by the Grace of God of Great Britain France and 
Ireland King, Defender of the Faith and so forth To all and singular 
our Faithful Subjects Greeting Whereas By our Royal Charter bear- 
ing date the lO"" day of Febry in the year of our Lord 1765 We for 
certain Causes and Considerations us thereunto moving Did amongst 
other Liberties and Franchises in the s* Charter menconed Give and 
Grant to all male persons (beeing of lawful age) inhabiting our Towil 
of Campbelton in our County of Cumberland in our s'' province or 
within two miles of the Court House within the s* Town Free and 
lawful authority to name elect and send one pson (being a Free- 
holder in the County of Cumberland) to represent the s*" Town in the 
House of Assembly of our s'' province of N° Carolina and therein to 
sit vote do and consent to those things w"*" by the Assembly of our 
gd pviooe g|jd iijippgj;^ iq \)q done & enacted and that a writ of Election 
for a member of Assembly to represent the s* Town sh* be Lssued & 
sent to the Sh" of the County of Cumb'' for the time being when &, 
so often as an Assembly sh'' be called or occasion sh^ require And 
that such Election sh"* be carried on in such order manner & form 
& under such Regulations & Cond""' as in our s"* Charter is par'"'-' 
ment"" expressed & described as in & by thes'' Charter relation being 
thereunto had w°'' more fully and at large appear. And Whereas 
by a certain Deed p(il! or lustrum' in writing under the Hands & 



COLONIAL RECORDS. 81 



seals of our faithful Subjects tlic principal Liliabitants of our said 
Town of Cambleton and within Two miles of the Court House in 
our s* Town being Freeholders bearing date the 13"" daj^ of March 
instant reciting as therein is recited Have thereby surrendered to us 
our s'' Charter together with our s" Charter thereunto annexed And 
further by a petition signed and subscribed by our s'' faithful Sub- 
jects the principal Inhabitants of our s^ Town of Cambleton and 
within two miles of the Court House in our s* Town being Free- 
holders preferred to our Captain Gen' Gov' & Com' in chief of our 
s* province Setting fortli that our s* Charter gave a power to all '^■°°" 
whom accident or design should bring within two miles of the Court 
House of our s'' Town on the day appointed for the election of a ^lem- 
Ijer to give their suffrages altho'' their proper place of Residence might 
be far out of the limits of our s'' Town to the great detriment of the 
real Residents and Freeholders in the s'* Town & within two miles 
thereof and praying that a New Charter might be granted to them 
under such regulations & restrictions as by their s'^ petition are par- 
ticularly prayed for To the End therefore that all and singular our 
s* faithful subjects may enjoy such Liberties privileges and Fran- 
chises in as full and ample mannor as the same are enjoyed by other 
Towns within our s^ 2)ro^'ince and that all cause of future detriment 
and Complaint in that Behalf may be fully removed Know Ye 
that we of our Royal Grace Good will certain Knowledge and mere 
motion Have given and granted And by these presents for us our 
Heirs & Successors Do Give and Grant to all persons being Free- 
holders of said Town of Cambleton or within two miles of the Court 
House in our s" Town or seized of an Est° for their own or the life of 
any other person in any dwelling House (such House having a stone 
or Brick chimney thereunto belonging and appertaining) to name 
elect and send one person (being a Freeholder in the County of Cum- 
berland) to represent (here follows the AVords of the old charter 
throughout) 

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

From the Bishop of London to the Lords of Trade 

I have in obedience to your Lordships commands considered the 
Act of North Carolina whicli you are pleased to refer to me. 



82 COLONIAL RECORDS. 



The two points referred to me to be considered are how far the 
provisions of this Act may affect & interfere with the Bishops Eccles- 
iastical Jurisdiction in the Colonies and 

Secondly how they affect the rights of the Crown to the patronage 
& presentation to Ecclesiastical Benifices. 

The Act having made provision for constituting a vestry & 
directed in what manner they shall be elected & qualified goes on 
to ascertaining the powers of the Vestry & in the first place gives 
them a presentation to every church in the Colony tho' the whole 
right of patronage is undoubtedh' in the CroM'n, & the Kings Gov- 
ernor in Chief has a right to exercise that right in virtue of the 
King's patent granted to him ; but to keep up some appearance of 
conformity with the law of England the Act gives the King or his 
Governor a right to present upon a lapse if the A-^estry neglects to 
fill up within 12 months after a vacancy & the person who comes 
in by the Crown has a right to enjoy the whole salary which in the 
former part of the Act is settled at £50 a year but even this small 
gratuity bestowed upon the Crown is withdrawn again by the fol- 
lowing provision provided nevertheless, that in case the Vestry of 
any parish that shall be vacant one year shall procure some neigh- 
boring or other minister to serve in the case of such vacant parish 
by performing divine service once in 3 months they shall thereby 
save to themselves & retain the right of presentation for so long 
time as such Minister shall so serve in the Cure of such vacant 
parish. It is observable that no salary is appointed for the kind 
preacher who perhaps may be had at a cheap rate & below £50 a 
year which would be a temptation to tlie Vestrymen to take this 
method to provide for the Churches. 

And not contented with having thus appropriated the patronages 
to themselves of all the livings in the province (to the manifest 
injury of the Crown) they go on to set up over the Clergy a new juris- 
diction which is quite inconsistent M'ith the government of the 
Church of England & excludes the Bishop from examining or cor- 
recting all misbehaviours of the Church & takes from the Crown 
the right of appeal & in the next paragraph it is enacted that the 
Minister of such respective parish shall be obliged to officiate in 
such parts of the Parish & at such times as tiie Vestry or a majority 
of them shall direct. 

After all these provisions what becomes of the Kings Supremacy? 
It seems to me to be all transferred to the Vestry of the several 



COLONIAL RECORDS. 83 



Parishes so far are they from copying after the Church of Enghiiid 
that I rather suspect that they borrow'd the model of their govern- 
ment from the Presbyterians & Independ" of New England who at 
an Assembly begun May 28"' 1718 did enact that the Lihabitants of 
the towns therein mentioned -should have full power to eh use a Com- 
mittee for the regulation & management of all affairs relating to the 
support of the public worship of God and for the chusing all neces- 
sary and proper officers in and for the 2* precinct parish or disti-ict 
& further to have all such powers & privileges as by any of the laws 
of this province are given or annexed to any district or precinct, any 
law usage or custom to the contrary notwithstanding. 

I wonder not to see this form of Ecclesiastical Governm' in a 
statute from New England for it is agreeable to their principles, but 
how it should get into a statute of North Carolina where conformity 
is so strongly insisted on that in the very Act now under your Lord- 
ships consideration it is enacted that every Vestry man chosen as in the 
Act directed shall make tlie following Declaration — I, A B " do declare 
that I will conform to the Litui'gy of the Church of England as it is 
by lav/ established," which is the very declaration which the Clergy 
of the Church of England whose peculiar business it is to officiate in 
all parts of the Liturg}' are obliged to make. 

As to the other matter refcred to me viz' how far this Act may 
interfere with the Bi-shop's Ecclesiastical Jurisdictions in the prov- 
inces I am not so well prepared to answer, for it will be necessary 
in the first place to determine whether the Bishop has anj' power or 
w!iat, as I had considered that point at large upon my first coming 
to the See of London & had laid before the King in Council what 
appeared to me to be most material give me leave to lay before you 
a copy of that address to which I shall only add a short account of 
what passed upon the occasion. 

Soon after I was Bishop of London I Avent to wait upon the King 
& laid before him the state of religion in the plantations & the neces- 
sity there was of having a Bishop settled in tho.se parts. His Majcstj' 
heard me very graciously, upon which I asked him whether I might 
apply to his Ministers, he consented to it but I never could have an 
opportunity of meeting with the Ministers. After frequent delays & no 
hopes of success I waited upon the King again and had liis leave to 
acquaint the Ministers that it was his Majesty's pleasure they should 
take the affair into their consideration; this produced a meeting at 
Newcastle House but the meeting produced nothing. The last effort I 



84 COLONIAL RECORDS. 



made was by desiring the King's consent that I might lay what I 
had to propose to His Majesty in Council, which accordingly was 
done six or seven years ago & I have heard nothing of it since 

It may be asked perhaps why the j^resent Bishop of London could 
not go on with the Jurisdiction abroad as liis predecessors had done 
ever since the settling of the Colonies 

My answer is that if the jurisdiction liad come to me upon the foot 
of customary usage as it had d.one to my predecessors till Bishop 
Gibson's time I should have made no difficulty of acting upon that 
foot and I doubt not but those who come after me would have gone 
on in the same ^vaj, but when B'p Gibson for reasons best known to 
himself applied for a patent and the consideration thereof was 
referred to the Attorney & Solicitor General & they reported that 
the Jurisdiction was in the Crown & that the B'p of London had no 
right to meddle, it was time for me to consider the danger that attends 
the invasion of the prerogative of the Crown, which could not be 
avoided but by accepting a patent of like- form with that wliich was 
granted before which I judge not proper for me to do. 



[Fkom MS. Records i.v Office of Secketary of State.] 

To HIS Excellency Josiah Martin- Esquire Governor and Com- 
mander IX Chief in and over t(te Province of North Caro- 
lina &C AND THE HONOURABLE GENTLEMEN OF HIS MAJESTY's 

honourable Counsel greeting 
May it Please your Excellence and your honiiers 

We the subscribers whose names are hearunto annexed Persons 
in no wise Conserned in the Late unhapaj' Disturbence occasined 
in this Provvence By a set of People Called Regulators Begs Leave 
to Recommend or Represent to your Excellence and your honners 
one Matthew Hamilton one of the unhappy as well as unfortuned 
Persons now outlawed as we understand for the Late Riot Commited 
at hillsbourer as a Person we are well acquaint with some of us 
from youth up and others for this severel years Past as a Person 
who has Ever Been Esteemed as a very industrious and honest man 
and a man very much Respected by all who knew him untill he 
was unhaply deluded By some meanes or others to take Part in a 
matter he Didd not know the Consequence of But we your Peti- 
tioners from this Reason and on account of him in Most humble 



COLONIAL RECORDS. 



manner Petition your Excellency to take the same in to your Wise 
Consideration and Grant this unhappy Man such Releaf as your 
Excellency in your wisdom shall seem meet. 

And your Petitioners as in Duty Bound shall ever Pray 
William Armfield Frank Edwards Jeffrey Beck 

William Armfield Jun' Timothy Morphy James Coots 
Isaac Armfield Jun' Patrick Hays Isaiah ]\PNary 

John Elliot John Stuart James Calhoon 

David Smith Thomas Knight James Buchanan 

Hugh Blain William Thomas Jonas Touchstone 

John Blear Thomas Willson Levi Penington 

Jeremiah Fillihan Joseph Kennedy John Alexander 



To HIS Excellency Josiah Martin Esquire Governor and Com- 
mander IN Chief in and over the Province of North Carolina 
&c and the honourable Gentlemen of his Majestys honour- 
able Council Greeting — 

May it Please your Excellency and your lioners 

We the Subscribers whose names are hereunto annexed Persons in 
no wise Consei'ned in the Late unhapey Disturbance occasioned in 
the Province By a Sett of People Called Regulators Begs Leave to 
Recommend or Represent to your Excellency and your honers one 
James hunter one of the unhapey as well as unfortunat Persons now 
outlawed as we understand for the Lat Riot Comited at hillsborouh as 
a Person we are well acquauted with Some of us from his youth up 
and others for this Severall years Past as a Person who has Ever 
Been Esteemed as a very Industrious and honest man and a man 
very much Respected by all who Knew him until he was unhapelj' 
Deluded by some means or other To Tack Part in a matter he Did 
not Know the Consequence of But we your Petitioners from these 
Reasons and on account of a wife and five Small Children all who 
Depend on him for a Support Do in the most humble manner 
Petition your Excellency To Take the Same into your wise Consid- 
eration and grant this unhapey man Such Repref as your Excellency 
in your Wisdom Shall Seem meet 

And your Petitioners as in Duty Bound Shall Ever Pray 
William Armfield John Eliot AVilliam Thomas 

Isaac Armfield Junior John Stuart Jonas Touchstone 

William Drapar James Calhoon John Blear 



COLONIAL RECORDS. 



James Coots 

W" Armfield Junior 

James AVilson 

Joel Cloud 

Isaac Ewards 

Patrick Hays 

Francis M'Nary^ 



William White 
J"" Talbot 
Da^dd Smith 
Thomas Knight 
James Buchanan 
George Finley 
Hugh Blair 



Thomas Willson 
Ralph Gorrell 
Levi Penington 
Jeremiah Suthfen 
Joseph Kennedy 
John Alexander 



North Carolina 



To HIS Excellency Josiaii Martin Esquire his Majestys Cap- 
tain Genehal & Governor in Chief in and over the said 
Province — 

The Petition of us the Inhabitants of Guilford County & Province 
aforesaid Humbly Sheweth that whereas the unhapy tumults Insur- 
rections & Rebelions Which Disturbed the Peace and tranquility of 
this flourishing Province being Now Haply Stopt By the Good prov- 
idence of God y' Indefeatigable Care Prudence Corage and Good 
Conduct of his Majestys Leat Govrnor over the said province and 
the oflficers under him Whos Conduct Will Be We hope of Great 
Utility to this and the Neighbouring provinces and add much to y* 
Peace and tranquility of your Excelleucys administration so long as 
it shall please God to continue your Excellency over Us We Would 
Humbl}' Beg Leave to petition j'our Excellency in Behalf of one 
of the Persons out Lawed in this Unhapy Confederasy to Witt 
James Hunter and though We are Sensible that said Hunter lies 
forfeited his Life By Joyning this Unhapy Confedrecy Yet We 
Would Beg Leave to Inform Your Excellency We have all along 
observed a spirit of Leanity and tender Compassion in him above 
any of the Rest and Believes Whatever Was don By him against 
Government that he was actuated by others and Born down by the 
popelace and We Believe there has Been Examples Suficiant made 
alrady to debar any Evil designing persons for the futre from Joyn- 
ing again in the Like Unhapy afair and as We are Well aquainted 
witli said Hunters former Life and Conversation We are Well per- 
suaded that Were he Restored Under his Majestys protection again 
that he Wold make a passable member of Sosiety & We Likewise 
Believe that he Bears true aleagins to his majesty King George the 
third and that if your Excellency Would Grasiously Restor him to 
his former Liberty that he Would for Ever detest and Abhor Such 



COLONIAL RECORDS. 



87 



Combinations therefor may it Pleas Your Excellency to Greacously 
Grant a pardon When We Begg his Lite for the Sake of a poor Dis- 
conslet Wife and Small Children and an aged mother He has no 
other Heir in this Life afid his affectioned Relations With AVhom 
We Sympathise depending on yonr Lenency & Goodness Without 
any merit We hop for mercy may God Incline j'our Excellencys 
hart to descharg him as our Savour Christ did the Woman taken in 
adultery saying Go & Sin No more. Such Lenecy Will Ever Ingag 
your Humble Petitioners to Ever Pray 



James Pov\'ell 
James Wylie 
James M'Adam 
Hugh Wiley 
Andrew Finley 
Tho= Woodburn 
Joseph Dobson 
James Neellev 



John Ryan 
John Shaw 
James Rouche 
Adam Lackey 
Tho= Willey ' 
AVilliam Cassick 
AVilliam Willey 
John Forbes 



James Neelley Junior Edward Ryan 



Robert Neelley 
John Shaw 
William Forbis 
James Graham 
John Hall 
Thomas Jenkins 
Sam' Walker 
Jacob Henshaw 



J"° Meadow 
Hugh Walesjoy 
Cha'" Logan 
James Barry 
David Barnhill 
James Maxwell 
Alexander Russel 
Nathaniel Lvon 



Thomas Willsou 
Andrew Finley 
William Meben 
Frank Jenkins 
William Drayson 
\V^ Cole 
John Law 
Tho' M Cuistion 
John Shaw 
Jam^ Llaritt 
John Kimbrough 
John Lewis 
John Telath 
.John Butler 
Samuel Allen 



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



To His Excellency Jo.-?iaii Maktix his Majestys Caitaix Gen- 
eral, Governor and Comma.vdek in Chief in and Over the 
Province of North Carolina, and to the Honourable the 
Members of his Majestys Council, M' Speaker and Gentle- 
men OF THE House of Assembly 

The petition of us the Subscribers inhabitants of Guilford County 
Humbly Sheweth: tliat your petitionars is Deprived of that Natural 
& f)rofitable priviledge of Catching fish in Deep River as formerl}' 
by its Chanel being stopt by several mill Dams being made quite 



COLONIAL RECORDS. 



across said River to the Great hurt of many poor familys M'ho 
Depended on said fishing for great part of their living, it being 
well known that No River of its Size in this provence afforded a 
greater Quantity of Exelant Shad and other fish. We therefore 
Humbly pray that you through your great goodness would Conde- 
send to pass a law in our favour so far as to oblige the owners of said 
dams to afix proper flood gates in their dams from the mouth of said 
River to Field & Dicks mill above the trading path and them to keep 
open at proper times from the tenth of fabruarj' to the tenth of april 
that the said inhabitents ma}"- in some maner be Restored to their 
former priveledge of Catching fish and your petetioners as in Deuty 
Bound shall ever pray 



Absalom Jackson 
Promintor morgan 
Henry Burron 
william ellet 
Jacub .Jones Sener 
Jacub Jones Juner 
Phillup Selers 
Henry Moss 
James Raney 
Isam Let 
James Lowe 
Archibald Hamilton 
John Parr 
Richard Norton 
Joseph nill 
David Smith Juner 
John Smith 
Osburn Lemar 
John Clark 
Isaac Robings 
George Farlon 



Jonathan fincher 
William Bell 
Games Dougan 
David Luis 
Benjamin Bailey 
Henry Underwood 
William Ward 
Jonas Swift 
Ruddej' Morgan 
Zebedee Wood 
Samuel Walker 
Sa" Deveney 
John McKay 
William Erving 
James Walker 
Tho» Hood 
Robert Field 
Samuel Jones 
Aquila Jones Juner 
George Thorjiper 



John Phips 
Wlliam walker 
I'hilburd Wright 
Peter Julen 
John Beverley 
Eli Branson 
Christian Shultz 
Jessee adams sen 
Stephen Jones 
Isaac Starnes 
William Welborn Jun 
Robert Kirkpatrick 
John Rogers 
'William Norton 
John Cabel Juner 
Edward Conder 
Elias Cain 
Ninian B. Hamilton 
John Walker 
bengeman briner 



COLONIAL RECORDS. 



89 



[From MS. Records in Office of Secretary oe St.*.te.] 



To His Excellency Josi.\ri Maktin Esq'. Cap' General, Gov- 
ernok in and over the province oe nortii carolina the 
Honourable Council jVP Speaker & Gen' of the house of 
Burgesses 
The Humble Petition of the inhabitance of the north part of Orange 
County Humble Sheweth 

That whereas bj' the large Extent of Said County it renders it 
very Burdensom to Attend General Musters & Courts &C we pray 
that A Line begining where Granville County line Corners on the 
Virg' line thence runing South on Granville line Twenty five miles 
& there Corner thence west to Guilford line thence North Along 
Said Guilford to the Virg" line Thence East Along the Virg" line to 
the Beginning & your Petitioners as in duty bound shall ever 
pray d-c 

Jn° Trj'or Joseph Suttle Peter Rogers 

Rich'' Coleman Tho^ Clayton John Rogers 

Isaac Johnson John Clayton John Smitli ' 

Gabriel Davis Lambroth Morgan John Warrin 

John Adams Thomas King James Warrin J' 

Moses Bridges Isaac Reaves James Warrin S' 

Robert Paine Rashles Owin Timothy Warrin 

Aaron Bridges Joseph Shelewoth Hackley Warrin 

Joshia Butler John Bumpas William AVarrin 

David Womack Samuel Bumpas John Rogers J' 

Abraham AVomack Edward Bumpas William Fuller 

John Lawson William Bumpas Thomas Majors 

John Thomas Robert Bumpas Joseph Gold 

John Bridges John Day Jn° Dunlevy 

William Stone Tho° Day James Harker 

James Funer William Yarbrough Thomas Neeley 

James Jones Samuel Yarbrough Nathaniel King 

George More James Tabor Jo-seph Dunkins ■ 

John Ragon Sen'' Alexander Davison Darby Henly 

Jonn Ragon Jun'' John Davison John Browning 

Ja' Baird James Rove John Moore 

John Baird James Kirkland William Welch 

Thos Donaldson John Hinge Ambrose Williams 



90 



COLONIAL RECORDS. 



James Hubbard 
Tho' Cam]) 
Henry Ledbetter 
John M'Coy 
Philip Palmer 
John Bariu 
James Anderson 
Joseph Surrott 
David Vanhook 
Samuel Vanhook 
James Gay 
Rubin Nuton 
Ritchard Hargis 
Will™ Jay Jun' 
W" M-Coy 
William Nealey 
Joseph Jay 
Jolu^ Tomson — 
William Morrow 
Ja' Dunbar Hendby 
Charles Trim 
Samuel Nealey 
Jesse Tomson 
Roger Rees Jun'' 
John Rees 
William Rees 
Benjamin Just is 
John Willson 
Elijah Edwards 
John Allen Tharp 
James Long 
Robert M°Reyuolds 
Med ford Dickson 
W^" Miles Jun' 
Tho' Barnet 
Henry Cockl.mrn 
John Gan 
W°' Davison 



Benjaman Connel 
Henry Fuller 
James Moore 
John Tabor 
Nuton Cannasor 
William Tomson 
Roger Rees Sen' 
John Saterfield 
Thomas Ray 
James Saterfield 
Barnabas Grims 
Stephen Auston 
Isaac Vanhook 
William Jay Sen'' 
John Anderson 
Benjamin Morrow 
John Debond 
John Arnol 
John Boling 
John M^Murry 
Ja' Griffin 
Alex' Canhorn 
John Hardges 
John Knight 
William Tabb 
John By as 
James Satterfield 
Robert Byas 
Caldwell Saterfield 
William Rankin 
W" Usrey 
James Turner 
Josias Dickson 
Jacob Sulph 
Elkanah Lacy 
Abram Ford 
John Womack 
Benjamin Huber 



John Williams 
Law' Hook 
Loj'd Vanhook 
John Garrett 
Ritchard Foard 
John Morrow 
Arthur Moore 
John Tomson Jun' 
Philip Selph 
Henry Ford 
W" Bridges Sen' 
W" Bridges Jun' 
Jn" Isham 
James Griffin 
Jn° Yaves 
Thos White 
Th Bumpas 
John Mann 
James Jufus 
Thos Mann 
Joseph Logan 
Zachri Green 
William Byas 
Daniel Blackwell 
Isaiah Blackwell 
John James 
Thos Morrow 
T Wyeman 
Thomas Nucket 
Ham Carr 
Edward Nash 
Rob' Austin 
W° Miles Sen' 
Ja' Hitcherside 
W"" Carver 
Tho' Whilkins 
Benjamin Tuftin 



COLONIAL RECORDS. 91 



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

To HIS Excellency Josiah Martin Esquire his Majesties Cap' 
General, Govournour and Commander in Chief in and over 
the province of North Carolina his Majesties Honoi:rable 

COUXCILL and house OP BuRGESSES — 

The petition oi' the Inhabitants of the upper Settlement of the 
Catawba River Yadkin River and three Creeks Humbly Sheweth 

That we j'our Humble petitioners being part of the Great County 
of Rowan and near one hundred and forty miles from Salisbury our 
present Seat of Justice and never has had the opportunity of having 
an\- magistrate yet in our Settlement so that we Cannot Recover any 
Small Debts without Infinate trouble and Cost, which said Distance 
is Chiefly attended with Several Dangerous waters and Many other 
bad properties which puts our Settlement to many disadvantages 
and this being the third time we have petitioned for a County — 

We therefore Most Humbly Beg your Excellency and Honours 
Would take this our Necessity into your prudent Considerations and 
Grant us a Seperate County Agreeable to a former petition viz — 
Begining at Beatj^s ford Wheare Tryon Line Crosses tlie Catawba 
River then Runing up the South side of the said River to the Mouth 
of Lower Little River then Runing a straight Course to the Mulbcry 
fields upon the Yadkin River from thence a North Course to the top 
of the Blue Ridge fi'om thence along the top of the said Mountain to 
Wheare Tryon Line Crosses the said Mountain then Down the said 
Line to the Begining which will Contain one hundred miles in 
Length and sixty miles in width Chiefly thick setled, and as we 
Conceive fully able to Sup{)ort a County as we allow we have at this 
time About two thousand taxables and Better and your petitioners 
as in Duty Bound will ever pray 

Thomas Whitson .In° M°Mullin Sam' Lapesly 

James Mooer Ezekiel Formgn Veazey Husband 

John Connelly Alex"^ McMullin Marwian Honeycutt 

James Winston William Morrial Rob' Biggem Perkins 

John Pierson William McMullin Abraham Colet 

Simon Jonas -lohn Weakfield Sen' William Courtney 

William Baldwin John Weakfield Jun' W" Husband 

John Baldwin Cherls Weakfield Loommi Husband 



92 



COLONIAL RECORDS. 



John Baldwin J' 
John Morgan 
James Bleir 
William Wittenburg 
Edward Kilian 
Idam Edent 
Joseph Wittenburg 
Ute Sherrell 
Peter Henly 
John Fish 
Joseph Lowrance 
John Rcddin 
John Stogdon 
Joshua Perkins 
John Briges 
Alexd"' Thompson 
Henry Pearson 
Samuel Thompson 
Henry Yeargeu 
John Conn 
James Condon 
Henry Thompson 
Tho' Givirs 
Barnett Lockman 
Ab™ Womack 
Matthias Fisher 
James Litten 
James Osborn 
James Martin 
Leerov Tavlor 



Moses Wakefield 
LEenry Wakefield Sen' 
W" Richie 
Hezekiah Forman 
Henry Wakefield J' 
Sam' Sherrell 
Adam Sherrell 
Micage Pennington 
Benaja Pennington S' 
Benaja Pennington J' 
Charles M°Pheters 
Amos Bird 
Frances Hughes 
Bajamon Pennelton 
Mr Rose 
John Tailler 
William Haysey 
John Walch 
John Davis 
John Ralah 
James Nixton 
David Nilson 
Nathaniel Young 
Aaron Ward 
Hugh McDowell 
John Hiinej'cut 
W» M^Bride 
■ Thomas Haire 
James Lapesly 
Jolm Hall 



Robert Husband 
'W" Stewart 
John McDowell 
Charles McDowell 
Joshua Young •• 
James Barnes 
Thomas Burchfield 
Sewell Young S' 
Philip Young 
Sewell Young Jun' 
Alton Young 
Samuel Young 
John Allen 
John Shamly 
Ephriam Cox 
John Witherspoon 
William Penland 
George Penland 
Robert Penland 
John Kees Sen' 
John Kees Jun' 
Robert Banks 
Peter Banks 
John Dobson 
James McKeaney 
Paul Whitley 
IMichael Whitley 
Richard Travillio'n 
John Travillion 
Joab Travillion 



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

To His Excellkxcy Josiah Maktin Esq' His Ma,jkstvs Cai'taix 
General, Governor & Commander IN Chief in and over the 
Province of North Carolina To the FIonourable the Mem- 
bers of His Majesty's Council And To thf Memiikhs of the 
House of Burgesses now SiTTiN(i. 

The Petition of Thomas Bryant Humbly Sheweth, 

That wliereas your Petitioner who was a Soldier in Captain Na- 



COLONIAL RECORDS. - 93 



thaniel Llart's Company, of the Oraugo Detachment in tlie late exjie- 
ditiou against the Insurgents, and liad the misfortune of receiving 
in the Battle at the Alamance, five Wounds, one of which in his 
Breast has rendered him intirely unahle to Labour for a Livelihood, 
being extremely Weak and infirm "vvith it. And your petitioner 
further Sheweth, that he has no Estate wherewith he can support 
himself, and is obliged to be indebted to the Humanity of his Friends 
& Acquaintances for a Support. He therefore prays that such rea- 
sonable provision may be made for him by the General Assembly, as 
they in their Wisdom shall think proper, whereby he may be enabled 
to Live & receive the Common Blessings of Life, without being- 
troublesome to his Friends or an Incumbrance to the Parish he is 
resident in. And yuur redtioner as in Duty bound .shall ever 
pray, &c. 

THO^'x BRYANT. 



[From MS. Records in Office of SECUET.i.RY of State.] 

■ To iiis Excellency .Josi.vn Martin his Majestys Captain Gkn- 
ERAL, Governor, Commander in Chief in and over the Prov- 
ince OF North Carolina 

The petition of Sundry of the Inliabitants of Orange County Hum- 
bly Sheweth. 

That whereas John Fruit one of tlie out Lawed Regulators, hath 
ever since he came to years of Maturity behaved himself as a use- 
ful member of Society and in all things becoming a subject of 
great Britain, until he unfortunately fell in with that most Extra- 
ordinary set of Enthusiastiek people Called Regulators; we also 
further humblj" shew that the said .John Fruit hath a wife and 
sundry small Children who are in the utmost Distress, for want of 
that Comfort and Support whicli he as a Father and Husband 
ought to supply them with and as he sheweth such great signs of 
Penitence for the past follies of his life promising ever obedience to 
the Laws of this province as becomes a Subject of great Britain, 
we are in Charity bound to hope that he, if Pardoned would again 
become a good subject and useful member of Society, and therefore 
Humbly pray that your Excellency would Extend to him his Maj- 



94 



COLONIAL RECORDS. 



estys most gracious pardon and we your 
duty bound will ever pray 



Charles Johnston 
Andrew Patterson 
Robert Cate 
Malcomb Baldrige 
John Baldrige 
Alex' Mebane 
William Blackwood 
Samuel Allen 
Jeremiah Horton 
Philip Jackson Jun' 
Jn° Temple 
Abraham Allen 
William Trousdale 
William Jfathis 
Thomas Lockhart 
William Reney 
Joseph Holloch 
W Phillips 
Alex' Mebane Jun' 
Roljert Rea 
John Hopkins 
Jn° Trousdale 
Matthew Woods 
James Wilkins 
John Hodge 
Robert Strain 
Thomas Strain ^ 
Edward Thomas 
David Mitchell 
Wilm Bradshaw 
W" Anderson 
W" Cate 
John Woods 
Thomas M'^Curdy 
James M'Cauley 
John Allen 
Stephen Wilson 
Richard Bird 



Tho" Taylor 
John Dawes 
Daniel M'Daniel 
Matthew Iloldy 
WiUiam M'Curdy 
Robert Baldrige 
Daniel Raldridge 
Eliander Dussell 
William Brashar 
James IMebane 
Walter Barnsick 
Robert Hunter 
James Maxwell 
Andrew Mebane 
Neil M'Alister 
David Deniiin 
Thomas Thomas 
Arch McAllister ■ 
Enoch Bradley 
Puchard Woods 
John Day ley 
James Brown 
Thomas Clark 
John Wood 
Warham Glen 
John Jlowell 
Michacd Robinson 
John Dickie 
John Rany 
Edw Long 
Rob' Farrier 
John Moor 
James Smith 
W" Ansley 
W"' Robinson 
John Hart 
Jacob Mason 
William Boinns 



Humble petitioners as in 

James Crenige 
David Sitt 
James M°Canna 
W" Rankin 
John Butler 
John Red 
Ja' Freeland 
David Creag 
George Jones 
Joseph Allison 
Archelieil Borland 
William Jackson 
Stephen White 
Allen Daily 
George Allen 
John Pugh (Hawfields) 
Abraham Rees 
Daniel Rees 
James Ross 
Joseph Sloss 
John Sloss 
Daniel Hanley 
James Yellen 
Th(5. Mains 
Robert Cochran 
James Thomas 
Joseph Whitley 
Aaron Hopkins 
Henry Pennington 
Daniel Rees Jun 
Alexander Young 
Alex' Graydon 
John Burhard 
Josy Rusle 
Alexander Furgerson 
John Cook 
Thomas Abot 
John Abot 



COLONIAL RECORDS. 95 



Rob' Buniside John Latta Gilbert Theborn 

Robert Mebane Joseph Duncan William Craig 

James Tening John Tabor William Murray 

Sackfield Brewer John Blackwood 

W" Armstrong Samuel Patton 



[Fkom MS. Records in Office of Secretary of State.] 
To THE Hon"* the Spe.UvEU & Gent" of the House of Rep- 

RESENTATIVES 

The Petition of the Inhabitants of Granville County & the Parish 
of Granville Humbly Sheweth that your Petitioners have for a Con- 
siderable time Labour'd under a Heavy & Burthernsome Tax wh"'' 
the Exegencies of Government Hitherto made Necessary & 
unavoidable & still Apprehending that the Suppression of the 
Insurgents &. other Contingent Charges of Government, have Inev- 
itably Created a Large & Weighty Debt which the Honour of the 
Province is Ingag'd to pay with all Convenient Speed and which 
Your Petitioners are Ready & Willing to Discharge their proportion 
of, bj' such mode of Taxation as the wisdom of j'our honourable [bod}'] 
shall Direct, Your Petitioners further shew that the Vestry of their 
Parish without duly Considering the Present Circumstances of Gov- 
ernmenj; & the heavy Taxes y' Shortly must be assessed upon Your 
Petitioners Have Engaged with Workmen to Build two Churches in 
their Parish the Expence of which will amount to upwards of 
Twelve Hundred pounds. Your Petitioners are by no means able 
at this Juncture to Discharge such a Considerable Sum, altho upon 
any future Occasion After the Demands of Government are Com- 
ply 'd with they wou'd Chearfully Contribute all in their power to 
have done whatever their* Duty as Christians or the Interest of 
Religion may Require of them. Under these Circumstances Your 
Petitioners Pray tliat an Act may Pass to Releav the Vestry from the 
Engagements they have Entered into as afores* & as the Workmen 
who have undertaken the s* Buildings are willing to be Releas'd on 
their parts upon being paid a Small Gratuity for their Disappointment 
& Trouble Your Petition( rs further pray that by the s'' Act they may 
be Released from the Penalty of the bond by them Given for the 
Performance of their undertaking & that the Vestry may be Impow- 



96 



COLONIAL RECORDS. 



er'd to lay a Sufficient Sum in the Parish Levey to be paid as a 
Compensation to thes° Workmen for the Trouble they have been at 
as afores'* & Your Petitioners also further Praj^ that the Inhabitants 
of the s'^ Parish may be Releas'd from the Payment of So much of 
the Parisli assessment as was Laid for Carrying on .& performing the 
Building the Churches as afores'' and the Collector Indemnified for 
not Collecting that part of the assessment as afores"* and Your 
Petitioners as in Duty bound Shall ever Pray &c 



John Hampton 
Michael Peelar 
Henry Fuller 
Tliomas Goss 
James Meders 
Josc^ili RPDaniel 
Jesse Parker 
Valentine Yv^hite 
William Briant 
Groves Howard 
David Howard 
James Langston 
John Williams Jr 
Tho= Philpot 
William Spears 
Rich'' Person 
John Knott 
James Nowil 
John Earl 
Francis Howard 
Christopher Hunt 
Ed''' Crenshaw 
Charles Moore 
John Smith 



Z Gorgebyus 
Benjamin Glaze 
Samuel Dyar 
Reuben Pyles 
Joliu Russel 
Eley Brinckley 
David Parrish 
Edward Bond 
Cutbird Pludton 
Isaac Hood 
W" Wallis 
J"" Tuder Sen' 
Isaac Head 
Tho' Rowe' 
J"° Badget 
Daniel Standard 
Aquiller Sniling 
Gibea Chavis 
Benjaman Bass 
Joseph Bass 
Davie Michell (negro) 
Lewis Anderson 
Rubin Bass 
Lawrence Potiford 



William Worthingtou Edward Bass 



James Caudill 
Isom Caudill 
Carter Hedgebeth 
Solomon Langston 
James Labond 
Frances Davenport 
Christian Peelor 



William Chavis 
John Fullilove 
Samuel Hucabay 
Thomas Owen 
Richardson Owen 
John Pendorgrass 
Absalom Ford 



Lewis Collins 
George Whitlock 
Thomas Butler 
John Gwin 
Humphry Davis 
Josiali Stovall 
Thomas Head 
John Head 
Martha Kniglit 
Thomas Bond 
Jonathan Knight 
Nathan Chiles 
Ben Bearden 
Lovet Gates 
Benjamin Hendrick 
John Chiles 
William Graves 
W" Allen 
Willis Roberts 
James Williamson 
William Hunt 
Tho^ Lowe 
Isham Johnson 
Isaac White 
William Head 
George Feagans 
Charles Spalding 
Henry Spalding 
William Matthews 
Ben Howard 
Thomas Willinghau 
Shadarach Roberts 



COLONIAL RECORDS. 



97 



George Bruce 
John Pulliam 
John Boyd 
Miles AVells 
WilHam Cawthon 
Antne}' Pallear 



Daniel Wilkerson 
James Hester 
Thomas Biug 
Nathan Sanders 
John Wilkerson 
Anthoney Cozart 



William Wharton 
John Hart 
John Harris 
James Downey 
John Davis 



[FuoM MS. Rkcords is Office op Secrktary of State.] 



To THE Hon'''' the Speakeu and Gknt" of the House op Assembly 
The Petition of the Inhabitants of C4ranville County Humbly 
Sheweth, that by the Act of Assembly Concerning Tythables, it is 
among other things enacted that all free Negroes & mulato women 
and all wives of free Negroes &, mulatoes nre Declared Tythables & 
Chargeable for Defraying the Public County & Parish Levys of 
this province, which Your Petitioners Huinbly Conceive is highly 

Derogatory of the Rights of Freeborn Subjects Your Petitioners 

therefore Pray that an Act may pass Exempting Such fi'ee negroes 
& mulatoe women and all wives other than Slaves of free negroes 
& mulatoes from being Listed as Tythables & from paying any 
Public County or Parish Levys and Your Petitioners shall ever 
pray &c". 

Beniamin Bass Tho' Owen 

Lewis Anderson James Hester 

Edward Bass Nathan Sanders 

Davie Michell (negro) John Wilkerson 
Rubin Bass James Nowil 

Lawrance Pettiford Thomas Head 
William Chavis 
Samuel Huckabay 
Lewis Collins 
Thomas Butler 



David Howard 
John Knott 
James Langston 
Tho" Philpot 
John Williams, T. R 
Rich* Person 
Francis Ploward 
John Smith 
Charles More 
Christopher Hunt 



W^illiam Washington John Gwin 



James Caudill 
Isom Caudill 
Carter Hedgebeth 
Francis Deavenport 
Cutbird Hudson 
vol. IX — 7 



George Whitlock 
Humphrey Davis 
Josiah Stovall 
Ben Bearden 
Lovet Gates 



John Head 
Martha Knight 
Nathan Chiles 
Benjamin Hendricks 
Willis Roberts 
James Williamson 
William Hunt 
Tho' Lowe 
Isham Johnson 
Isaac AVhite 



98 



COLONIAL RECORDS. 



Isaac Head 
Joseph Hill 
William Cawthon 
W" Wallis 
Jn° Tuder 
Jn° Badget 
Groves Howard 
Aquila Kohn 
C4ibea Chavis 



Shadracli Roberts 
Thomas AVellingham 
AVilliam Wha,rtou 
John Plart 
John Harris 
Robert Downey 
Jonathan Knight 
John Fullilove 
Daniel Standard 



William Head 
George Fagans 
Charles Spaulding 
Henry Spaulding 
William Mathews 
James Downey 
Rich'' Burton 
Benjamin Glaze , 
John Davis 



[From MS. Records in Office of Sf.cretary of State.] 



To HIS Excellency Josiah Martin Esq" Capt" General Gov- 
ernor AND Commander in Chief in and over his Majesties 
Province of North Carolina — 
The Petition of a Number of the Distressed Inhabitants of Rockey 
River & Coddle Creek Settlement in Mecklenburgh County North 
Carolina Humblj' Sheweth 

That whereas a Certain N" of young men, Ignorant of their Duty 
to our Sovereign Lord the King, riotously Assembled in a, wicked 
manner, Combined against Government, without the least Knowledge, 
Advice,, or Consent, of any Parent, friend, & some of them even 
Demented by Spiritous Liquors, did, about the first of Maj'^ last 
rashly & inconsiderately Destro}^ the ammunition of General Waddle 
& Sundrys, the Property of Colo. Moses Alexander; for which wicked 
deed. Their Parents and Friends arc Drowned in Sorrows & the 
Unhappy Perpetrators truely & Deeply Afflicted. Permit us, y' 
Excellencys most humble petitioners, to assure your Excellency, that 
these Miserable persons were, prior to this Fact, esteemed faithful! & 
loyal Subjects. We Cannot but most tenderlj' Compasionate the 
Desolate & Distressed, & Even take part in their affliction and Hav- 
ing learned your exceeding Humanity and that benign Temper of 
mind with which you are so Eminently Possesed of; We therefore 
big with expectation, Cannot but SoUicit & most earnestly & impor- 
tunately pra}% that your Excellency would be Graciously pleased to 
extend to these unhappy, though unworthy Subjects, his Majesties 
most free & gracious Pardon. That your Excellency may see Loy- 
alty to the best of Sovereigns, & Fidelity to our noble Constitution, 



COLONIAL RECORDS. 



99 



flourishing among us; &. the Reigns ofGovernment easy and Deliglit- 
full to yourself, Shall be the Sincere Prayer of your Exccllencys most 
humble & Dutifull Petitioners. 



Moses Shelby 
Samuel Loftain 
Mathew Stewart 
John Morison 
David Slough 
Sam' Harris 
James jNIorison 
Robert iPMurrey 
William White " 
John Davis 



John Russel 
Rob Russel 
James Russel 
W" Scott 
Robert Campbell 
William Blair 
Thomas Hall 
Thomas Smith 
William Addem 



George Davys 
Robert M°C'allan 
James Callwall 
James Hai'riss 
William Sper 
John Callwall 
Oliver AViley 
James Harris 
David Caldwell 



[From MS. Records i.\ Office of Secretary of State.] 



To His Excellency Josiah Martin, His Majesty's Captain Gen- 
eral, Governor and Commander in Chief in and over the 
Province oi-' North Carolina, and to the members of His 
Majesty's Honourble Council 

The petition of William Butler Humbly Sheweth that, your Hum- 
ble petitioner, by Kieans of my own unwarrantable behaviour; being 
influenced by others to Commit Sundr}^ outrages against the Laws of 
this government; and am now in a state of outlawry; to the great 
grief of myself; and the Ruin of my family; it is with the utmost 
abhorance that I Reflect on the proceedings of the people formerly 
Called Regulators, being fully Convinced that the principles which 
they had espoused were Erroneous, and therefore most Sincerely 
promise never to engage in the like again; Humbly hoping and 
begging that you iu your great wisdom and goodness will procure 
my pardon and your Humble petitioner as iu Duty bound will ever 
pray WILLLIM BUTLER. 



To His Excellency Josiah Martin, His Majesty's Captain Gen- 
eral, Governor and Commander in Chief in and over the 
Province of North Carolina 
The Petition of John Butler Humbly sheweth that. Whereas my 

Brother AVilliam Butler; is by the Laws of this Province, in a state 



100 COLONIAL RECORDS. 



of outlawry, and notwithstanding, tlie very Extraordinary unlaw- 
ful and unconstitutional proceedings of him and others, made it 
necessary for Examples to be made of some, yet I Humbly hope 
that mercy may yet be- found with your Excellency for one who is 
very sensible of his foUey and who Sincerely promises never to be 
one of Such a Riotous party again; his own petition is herewith 
presented to your Excellency; Humbly begging' pardon; which I 
most Humbly and Heartily beg, your Excellency, will be pleased to 
grant and your Humble Petitioner as in Duty bound will ever pray. 

JOHN BUTLER. 



[B. p. R. O. Journals B. T. Vol. 70.] 
BOARD OF TRADE JOURNALS. 

[P. 188.] 

Tlmrsday August 22. 1771. 
The Secretary laid before the Board public Acts and proceedings 
of the Legislatures of several of the Colonies — as follow Viz: — 
[P. 192.] 
Account of fees received by Gov. Tryon on each particular Instru- 
ment signed by him Minutes of Council 12 May 1770 from 19 Nov. 
1770 to 7 Feb. 1771 from 5 Dec. 1770 to 26 Jan. 1771 Journals of 
Assembly — same times — Forty one Acts passed in Session begun 5 
Dec. 1770 List of Patents. Copy of a Bill relative to Quit Rents. 
[P. 214.] 

Thursday December 12. 1771. 
The Secretary laid before the Board Abstract of Patents for Lands 
granted in His Maj. part of the Province of Nortli Carolina 
Minutes of Council from 13 Feb. to 19 March 1771. 



COLONIAL RECORDS. 101 



fFROM MS. Records in Office of Secretary of State.] 

LEGISLATIVE JOURNALS. 

North Carolina — Ss. 

In the upper House. 

At an Assembly began and held at New Bern the fifth day of 
December in the eleventh year of His Majesty's Rei^u and contin- 
ued by prorogation until the 19"" day of November Anno Dom 1771 
Present 
C James Hasell William Dry 

I John Rutherford Samuel Cornell 

The Hon"' <! Lewis DeRosset S' Nath Dukenfiekl ^ Esquires 

John Sampson and 

Alex irCulloch Marmaduke Jones 

Then His Excellency the Governor met the Members of the upper 
House in the Council Chamber at the Palace and commanded the 
immediate attendance of the Speaker and Gentlemen of the lower 
House of Assembly, who thereupon attended and then His Excel- 
lency made to both Houses the following Speech, viz — 

Gentlemen of His Majesty's Hoxble Council, Mr SPE.i.KER 

AND Gentlemen of the House of Assembly, 

His Majesty having been most graciousl}' pleased to appoint me 
His Chief Governor of this Province, I now first enter upon the 
duties of that Important Station in my Legislative Capacity with 
all the diffidence which the difficulty of the situation, added to a 
just sense of the luster of my predecessors character, naturally 
inspires; desiring at the same time the most pleasing expectations 
from the generous, and loyal support, that you gave to that Gentle- 
mans approved administration. 

I have the pleasure to assure you Gentlemen that it has afforded 
great satisfaction to His Majesty, to see Gov. Tryons unwearied 
endeavours, for restoring the peace of this Country so well seconded 
by the Legislature, and I am confident it will be most grateful to 
His Royal mind to find that by your wise provisions and his able 
conduct, the good work is accomplished, and that tranquilit)' and 
good order, have succeeded the tumult and violence, which during 
sometime had disturbed so fair a part of this Province. 



102 COLONIAL RECORDS. 



I most heartily congratulate j^ou Gentlemen on this Event and I 
take the first occasion to recommend to you in the most earnest 
manner to consider of an effectual means to prevent future evils of 
the like nature, to this end it appears to be necessary to give all 
force and vigour to the Laws; to obviate all just grounds of discon- 
tent to the people, that shall be found to exist, to give them the 
fullest evidence that is possible of the just administration of the 
public Finances; to correct, as far as human prudence may, all 
manner of abuses ; and above all things to give every facility to the 
administration of Justice. Thus Gentlemen you will promote the 
benignant intentions of our most gracious Sovereign, who with 
Paternal and unrelenting care, labours to extend to all his people 
the inestimable blessings of that happy Constitution, of which he 
is a most vigilaiit and tender Guardian. And thus by the wisdom 
of your deliberations and the Divine blessing, I trust they will be 
permanently secured and enjoyed in the amplest manner. And to 
the latest time, by the Inhabitants of this Province. 

The war which is still raged on the Continent of Europe; as it 
keeps Britain in a state of watchfulness, seems just reason for pru- 
dent caution in the Colonies; I therefore recommend to you to 
maintain the Militia of this Province 'on a respectable fooling. 

Gentlemen of the House of Assembly, I hope j'ou will see it 
expedient to provide for the present establishment of Fort John- 
ston and to supply that Garrison with sufficient stores. 

As the Public Faith stands engaged, I conceive it is needless to 
recommend to you to make immediate pravision for defraj'ing the 
charge of the recent, and important services of the Militia forces, 
upon which occasion I cannot doubt that you will be mindful to 
indemnify at least, j'our late worthy Governor, Under whose auspices 
they acted, for his personal expence on that service, so generously 
undertaken for the good of this Country. This done His Majestys 
Subjects lately misled, having returned to their duty I think it is 
to be wished, that the Veil of Oblivion may be drawn over the 
past unhappy troubles, and all the animosities and distractions 
which they created. 

Gentlemen of Plis Majestys Honble Council Mr Speaker and 
Gentlemen of the House of Assembly, I have nothing particular at 
this time in Command from His Majesty to communicate to you. 
On my own part, I must express my earnest wishes, that you con- 
duct the public business with unanimity and dispatch. And I do 



COLONIAL RECORDS. 103 



assure yau of my concurrence in all measures, that are calculated 
to promote the honor and security of His Majestyg Government; 
and the true interests and happiness of this Colony. 

On motion ordered that His Excellencys speech be read, the same 
was read and taken under consideration. And thereupon Ordered 
that the Honble Lewis Llenry DeRosset and Marmaduke Jones Esq" 
be appointed a Committee of this House to draw up an Address in 
answer to His Excellencys Speech. 

Then the House adjourned till to-morrow morning 10 "Clock. 

Wednesday Morning 20'" November 1771. 
The House met according to Adjournment. 

Present as before. 
Then the House adjourned till 10 "Clock tomorrow morning. 

Thursday Morning 21" November 1771. 
The House met according to adjournment. 

Present as before. 
The Committee appointed to draw up an address in answer to His 
Excellencys speech — reported that they had prepared the same which 
was ordered to be read, the same was read and approved of and that 
it be entered on the Journals of the House as follows. Viz. 

To His Excellency Josiah Martin Esq' His Majestys Capt. Gen- 
eral, Governor and Commander in Chief of the Proa'ince of 
North Carolina — 

May it please j'our Excellency, 

"We His Majestys most dutiful and loyal subjects. His Council of 
North Carolina met in General Assembly — return your excellency 
our most hearty thanks for your aftectionate speech at the opening 
of the Session. 

When it pleased our most Gracious Sovereign, that the abilities of 
our late Governor should be employed in his Majestys Service in 
another Colonj' — We could not but lament, as a misfortune to the 
Province, the destined departure of a Governor so deservedlj' esteemed ; 
but the gloom which that event began to spread over our minds, is 
now happily dispelled, and a brightened prospect opens to our view 
with the dawn of new felicity under your Excellencys Administration. 



104 COLONIAL RECORDS. 



It is therefore, Sir, witli- the sincerest pleasure we beg leave to con- 
gratulate your Excellency and the Province on the Royal favour of 
your appointment to be our Chief Governor; and on your safe and 
early arrival with your lady and famih'. 

It is our happiness, sir, that whilst we have the Honor to address 
the Representative of our Sovereign, We share the general joy of 
receiving a most acceptable Governor ; And, as an inclination to do 
good is ever insej^arable from a virtuous mind, your Excellencys 
Character justifies our confidence of every benefit to the Province, 
which can result from a benevolent administration. 

We return your Excellency our particular thanks, for your con- 
gratulations on the tranquility and good order, which is now restored 
to the Province. It adds to the happiness of these circumstances 
that the conduct of our Legislature (in seconding the late Governors 
endeavors for restoring the peace of the Country) has afforded his 
Majesty great satisfaction, And we beg leave to assure your Excel- 
lency that with the most dutiful and loyal attachment to his person 
and Government We shall ever retain a grateful sense of his uni'e- 
mitting care to extend to all his people the inestimable blessing of 
our happy Constitution. 

The success in the defeat of the Insurgents at Alamance, at the 
same time that it does the greatest Honour to Gov. Tryon's courage 
and military talents, and to the bravery of the Troops under his 
command, has united to his character of a worthy Governor, that 
of a brave preserver of the Country. We dwell. Sir, with the great- 
est pleasure on the Signal Services to this province, as they were per- 
formed by the exertion of those qualities, which are known to make 
part of your own character. 

The remembrance of the alarming situation, to which this Gov- 
ernment was reduced, by the late dangerous combination will most 
powerfully stimulate our endeavors to provide effectual means to 
prevent future evils of the like nature. And we shall rank amongst 
the first objects of our attention, the several matters which j^our 
Excellency has recommended as necessary for the attainment of 
that end. 

The utility of the Militia of this Province, has been so lately and 
so happily manifested, that we shall most cheerfully concur in anj^ 
measure for maintaining it on a respectable footing. 

We receive as an early and pleasing instance of your Excellencj''s 
affection for this Province, your recommendation that " the veil of 



COLONIAL RECORDS. 105 



oblivion may be drawn over the past unhappy troubles, and all the 
animosities and distractions which they created." Such sentiments 
bespeak a tender concern for the peace and happiness of the Coun- 
trj"-, and well deserve a general adojstion, tho' perhaps the enormity of 
some offenders, may be found to necessitate particular exceptions. 

At this and all other times, as well in our public as private 
capacities, we shall constantly endeavor to promote the ease and 
happiness of your Excellencys Administration. With most sincere 
wishes, that yoii may long enjoy the high Station, in which we have 
now the honor to address j'ou, we shall enter upon the Business 
of this Session, with a sincere disposition to unanimity and dispatch, 
and to concur with the other House, in all measures that are calcu- 
lated to promote the honour and security of the Government and 
the true interest and happiness of this Colony. 

In the upper House, Nov. 21" 1771. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning 21" November 1771. 
The House met according to adjournment. 
Present 
f James Hasell Wm Dry 
I John Rutherford Martin Howard 
TheHonble-{ Lewis DeRosset Samuel Cornell J- Esquires. 

I John Sampson Sr. Natli' Duckenfiold & 
[^ Alex M'CuUoch Marmaduke Jones 

Then the House adjourned till tomorroAV morning. 

Saturday Morning 
The House met and adjourned till Monday Morning 

Monday Morning 25"' November 1771. / 

The House met according to adjournment 
Present as before. 

Received from the Assemblj^ bj"- Mr Blount and Mr Shepard the 
following Mes.?ag8 Viz. 

This House having appointed Mr Harnett, Mr Johnston, Mr Nash, 
Mr Christo. Neal, Mr Thompson, Mr Cray, Mr Shepard, Mr John 
Harvey and Mr James Moore, a Committee of this House to state 
and settle the Public Accounts of this Province, And Mr Jacob 
Blount, Mr James Blount, Mr Davis, Mr Ferq Campbell, Mr Polk, 



106 COLONIAL RECORDS. 



Mr Mackelwean, Mr. Dunn, Mr Gray, Mr Thos Neal, Mr Rutherford 
and Mr Dickson a Committee of this House to settle and allow 
Public Claims in Conjunction with such of j'our Honors as you shall 
think fit to appoint R" CASWELl' Speak 

By order J. Geken Clk. 

In the Assembly 22^ Nov. 1771. 

On motion Ordered that the following Message be sent to the 
Assembly viz. 

/ 
Mr Speaker and Gentlemen of the Assembly, 

In answer to your Message relative to the Committees This House 
have appointed the Honble John Rutherford, Alex M°Culloch W" 
Dry Samuel Cornell and Marmaduke Jones Esq. a Committee of 
this House to examine state and settle the Public Accounts, And 
the Honble Lewis Henry DeRosset, John Sampson, Martin Howard 
Esq and S' Nat' Duckenfield Bart, a Committee of this House to 
settle and allow the Public Claims 

By order J. B. Clk. 

In the upper House 25"" Nov. 1771. 

Then the President attended by the House waited on His Excel- 
lency at the Palace and presented him with their address to which 
His Excellency was pleased to return the following Answer. 

Mk. President and Gentlemen of His Majesty'.s Honble 
Council — 

I return j^ou mj' sincerest thanks for this very affectionate address. 
And I feel myself most sensibly obliged by, your warm congratula- 
tions on my appointment to the Government of this Province and 
on my safe arrival in it with my family. 

Your affectionate concern Gentlemen on the removal of your late 
worthy Governor to another Province, affords at once a proof of 
your generous gratitude, and his exalted merit. 

With a just .sense of the difficulties under which I succeed a Gen- 
tleman of his eminent advantages, I am a Candidate, unequal but 
in zeal, for those inestimable rewards he now enjoj'^s in the appro- 
bation of our most Gracious Sovereign, And the united suffrage 
of the good people of this Province in his favour. And I sh.all 



COLONIAL RECORDS. 107 



esteem mj'self happy, If I am able in anj^ degree to alleviate your 
just concern, for a loss, I cannot hope to repair 

The favorable sentiments you have been pleased to conceive of 
my character, do me honor; and I shall studiously endeavour by 
my right conduct, to confirm you in them. My abilities, such as 
they are of everj' sort, I do assure you Gentlemen, shall be uniformly 
and faithfully dedicated to the service of my Royal Master, and to 
promote the honor, peace, and happiness of this Country, of which 
he has been most graciously pleased to constitute me Guardian. 

I derive, Gentlemen, the greatest satisfaction from the obliging 
assurances you give me, of your endeavours, to promote the ease 
and happiness of my administration. And I enter upon my arduous 
duty, with double confidence, relying on the a-ssistance of a Council 
whose approved wisdom, loyaltj'- and spirit, claims my respect, while 
j^our generous sentiments engage my esteem and gratitude. 

New Bern 25"' Nov 177L .JO. MARTIN. 

Then the House adjourned till 10 "Clock tomorrow Morning. 

Tuesday Morning 26"" November 1771 
The House met according to adjournment. 

Present as before 
Then the House adjourned till 10 "Clock tomorrow morning. 

\\''ednesday Morning 27"" November 1771. 
The House met according to adjournment. 
Present as before. 

Thursday Morning 28"" November 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembl}'' by Mr Robertson and Mr Slade the 
following Bills, viz 

A Bill for^dividing the Western part of Rowan County and erect- 
ing a new county and parish by the name of and 

Parish. Read the first time and passed. 

A Bill for erecting part of the Counties of Halifax and Tyrrel 
into a County and parish. On motion read the first time and passed. 

A Bill for erecting the north part of Orange County into a distinct 

County and parish b}' the name of County and Parish of 

Read the first time and passed. 



108 COLONIAL RECORDS. 



A Bill to impower Thomas Neal and Isaac Price to keep a Public 
Ferry across the Catawba River. 

A Bill for appointing and impowering of Anson Countj^ 

to Collect and receive the Taxes which are due from the Inhabitants 
of the said County for the year one thousand seven hundred and 
seventy. On motion read the first time and passed. 

Received from the Assembly by Mr liewes and Mr Montfort — 

A Bill to amend an Act entitled an Act for the Regulation of the 
Town of Wilmington. Read the first time and passed. 

Received from the Assembly by Mr Waddell and Mr Ashe, A Bill 
for granting to His Majesty the sum of thousand pounds proc- 
lamation money to be applied as herein directed and for directing 
the duty oT Sheriffs in the Execution of their office. Read the first 
time and passed. 

Received from the Assembly by Mr Gray and Mr Ormond a Bill 
for continuing and amending so much of an Act as is now in force, 
Intitled an Act for dividing this Province into six several districts 
and for establishing a Superior Court of Justice in each of the said 
districts and regulating the proceedings therein and for providing 
adequate salaries for the Chief Justice and the Associate Justices of 
the said Superior Courts. Read the first time and passed. 

Received from the Assembly the following Bills, Viz, 

A Bill to amend an Act entitled an Act for regulating the several 
Officers fees within this Province and ascertaining the method of 
paying the same. Read the first time and passed. 

A Bill to amend an Act entitled an Act, what Fences are sufficient. 
Read the first time and passed. 
' Received from the Assembly the following Resolve &c. 

Genti.ExMen of His Majesty's Honble Council, 

This House have Resolved that Robert Howe Esq. be allowed the 
sum of three hundred and forty eight pounds out of the sinking 
fund he having made it appear that on the ninth day of the present 
month November he lost a sum equal to that in proclamation 
money which was entirely destroyed and can never again come into 
circulation, and desire j'our Honours Concurrence thereto. 

R^ CASWELL, Speaker. 

In the Assembly 28* Nov. 177L 

By order J. Grekn, Clk. 



COLONIAL RECORDS. 109 



In the upper House 28"" N" 1771, then on motion the above 
resolve was read, considered and concurred with. 

J. HASELL, P. 
By order J. B. Clk. 

Received from the Assembly a Bill to amend an Act intitled an 
Act for establishing a new County between Campbletou and Hills- 
borough by taking the Southern part of the inhabitants of Orange 
County by the name of Chatham County and St Bartholemew parish. 
Read the first time and passed. 

Received from the Assembly the following resolve, Viz — 

This House have Resolved that James Alford of Wake County be 
allowed twenty eight pounds five shillings out of the sinking fund 
he having made it appear that on the twenty eighth day of April 
last a sum equal to that in proclamation money was in his dwelling 
house burnt and totally destroyed, to which we desire your Honours 
Concurrence. 

R* CASWELL, Speaker. 

In the Assembly 28'" Nov. 1771. 

By order J. Green, Clk. 

In the upper House 2S"' Nov 1771, then on motion the foregoing 
Resolve was read, considered of and concurred with. 

J. HASELL, P. 
By order J. B. Clk. 

Friday November 29*^ 1771. 
The House met according to adjournment. 

Present as before. 
Then the House adjourned till 10 "Clock tomorrow morning. 

Saturda)-^ Morning SO"" November 1771. 
The House met according to adjournment. 

Present as before. 
Received from the Assembly the following Bills b}' Mr Gray and 
Mr Dickson — 

A Bill for appointing and impowering Francis Mosely of Anson 
County to collect and receive the Taxes which are due from the 
Inhabitants of the said County for the year 1770. Read the second 
time and passed. 



no COLONIAL RECORDS. 



A Bill to impower the Church Wardens and Vestrymen of the 
Parish of St. Gabriels in the County of Duplin to sell the Glebe in 
the said Parish and County. Read the first time and passed. 

A Bill for erecting part of the Counties of Halifax and Tyrrel 
into a, County and Parish. 

A Bill for laying out a Town on the land of Richard Evans in 
Pitt County by the name of 

A Bill to amend and continue an Act intitled an Act to amend 
and continue an Act intitled an Act to establish Inferior Courts of 
Pleas and Quarter sessions in the several Counties in this Prov- 
ince — passed at Wilmington in the 4* year of the reign of his pres- 
ent Majesty. Read the first time and passed. 

A Bill to annex part of the County of Rowan to the County of 
Surry. Read the first time and passed. 

A Bill for altering the dividing Lines between the Counties of 
Beaufort and Pitt. Read the first time and passed. 

A Bill for amending an Act intitled an Act for erecting in the 
Town of Salisbury a public Goal, Pillory and Stocks for the district 
of Salisbury in this Province. Road the first time and passed. 

Received from the Assembly by CoL' Moore and Thompson the 
following Resolve. 

Gentlemen of His Ma,jestys IIonele Council — 

This House have Resolved that David Pollock keeper of the Wil- 
mington Goal be allowed the sum of twenty-five pounds for so much 
paid the Doctor for curing a wound given him by one of the ci'imi- 
nals in attemjating to prevent the said Criminals escape; to be paid 
him by the Treasurer out of the contingent fund ; And desire your 
Honors Concurrence thereto — 

R^ CASWELL Speaker. 
By order J. Green Clk. 

In the Assembly SO'" Nov. 1771. 

Then the House adjourned till 10 "Clock on Monday morning. 

Monday Morning 2"'^ December 1771. 
Tlie House met according to adjournment. 

Present as before. 
Received from the Assembly by Mr Hardy and Mr Kimbrough 
A Bill to amend an Act intitled an Act to regulate elections for 



COLONIAL RECORDS. Ill 



Members to serve in the General Assembly and to ascertain who 
shall be qualified to vote at the said Election ; or to be elected a 
Member of the General Assembly, and to direct the method to 
be observed in taking the Poll at the several elections in the 
Counties and Towns in this Province — read the first time and 
passed. 

A Bill for altering the place fixed upon by the Commissioners for 
building a Court Plouse and Prison and Stocks in the County of 
Guilford. Read the first time and passed. 

Then the House adjourned till 10 "Clock tomorrow Morning. 

Tuesday Morning 3'* December 1771. 

The House met according to adjournment 
Present as before. 

Received from the Assembly the following Bills Viz 

A Bill to impower the Church wardens and vestrymen of the 
Parish of St Gabriels in the County of Duplin to sell the Glebe 
in the said Parish and county. Read the second time and passed. 

A Bill for appointing an agent to solicit the Affairs of this 
Province at the several Boards in England. Read the first time and 
passed. 

A Bill for amending an Act entitled an Act for erecting in the 
Town of Salisbury a public goal, pillory and stocks for the District 
of Salisbury in this Province. Read the second time amended and 
passed. 

A bill lor the further enabling Francis Lock, Andrew Allison, 
Griffith Rutherford and William Temple Cole former Sheriffs of 
Rowan County to collect the arrearages of Taxes. Read the first time 
and passed. 

A Bill to impower the Freeholders of the Parish of Unity in 
Guilford County and the Parish of St Margarets iii Wake County 
to elect vestry men in the room of those heretofore elected for tlie 
said Parishes. Read the first time and passed. 

A Bill to amend an Act intitled an Act for the regulation of 
the Town of AVilmington. Read the second time amended and 
passed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Wednesday Morning 4"' December 1771. 
The House met according to adjournment 
Present as before. 



112 COLONIAL RECORDS. 



On motion the Bill for erecting part of the Counties of Halifax 
and Tj'rrel into a County and parish was read a second time 
amended and passed 

Received from the Assembly by Mr Polk and Mr Kimbrough 
the following Bills — 

A Bill to continue an Act intitled an Act to encourage the 
destroying of vermin in the several Counties therein mentioned. 
Read the first time and passed. 

A Bill for building a Court. House in tbe Town of Salisbury for 
the District of Salisbury. Read the first time and passed. 

A Bill to impower the Church Wardens and Vestrymen of the 
Parish of St Gabriels in the County of Duplin to sell the Glebe in 
the said Parish and County. Read the third time and passed. 
Ordered to be engrossed. 

A Bill for the more easy and effectual method of collecting the 
taxes in the Counties therein mentioned. Read the first time and 
passed. 

A Bill for continuing and amending so much of an Act as is 
now in force intitled an Act for dividing this Province into six 
several districts and for establishing a Superior Court of Justice in 
each of the said Districts and regulating the proceedings the'rein 
and for providing adequate salaries for the Chief Justice and the 
Associate Justices of the said Superior Courts. 

Received from the Assembly the following Resolve Viz — 

Gentlemkn of His Majestys Honble Council 

This House have Resolved that John Fulford be allowed the 
sum of thirty shillings he having made it appear that he had a 
sum equal to that in proclamation money burnt in his house on the 
T"" dry of March last, which we have directed to be paid out of the 
sinking Fund and desire your Honours concurrence thereto. 

R^ CASWELL Speaker. 

In the Assembly 4"" December 1771 — Concurred with. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Thursday Morning 5* December 1771. 
The House met according to adjournment. 
Present as before. 



COLONIAL RECORDS. 113 



Received from the Assembly by C'ol° Moore and Col" Eaton a 
Bill to indemnify such persons as liave acted in defence of Govern- 
ment and for the preservation of the public peace of this Province 
during the late Insurrection from vexatious suits and prosecutions. 
Read the first time and passed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning G"' December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly by Mr Lanier and Mr Field the fol- 
lowing Bills viz'. 

A Bill to alter the method of working upon the Roads in the 
Counties therein mentioned. Read the first time and passed. 

A Bill to continue an Act intitled an Act to encourage the 
destroying of vermin in the several Counties tlierein mentioned. Read 
the second time and passed. 

■^ A Bill for annexing part of Cumberland County to Chatham 
County. Read the first time and passed. 

A Bill for annexing part of the County of Rowan to the County 
of Surr}'. Read the second time amended and passed. 
• A Bill for altering the place fixed u[)on by the Commissioners for 
building a Court House, Prison and stocks in the County of 
Guilford. Read the second time and passed. 

Received from the Assembly by ]\Ir Polk and Mr Dickson the 
following Bills viz' 

A Bill to impow'er the Officers therein mentioned in certain cases 
to take the Poll at the election of Members to serve in the General 
Assembly. Read th4 first time and passed. 

An Act to amend an Act intitled an Act for founding establishing 
and endowing of Queens College in the Town of Charlotte in 
Mecklenburgh. Read the first time and passed. 

A Bill to amend an Act intitled an Act for establishing a Xew 
County between Campbelton and Hillsborough by taking the South- 
ern, part of the inhabitants of Orange County by the name of 
Chatham County and St Bartholomews Parish. On motion rejected. 

A Bill to enlarge the time for several Sherifls to settle their 
accounts with the Justices of the Inferior Courts of Pleas and 
quarter sessions of the Counties therein mentioned. Read the first 
time and passed. 

VOL. IX — 8 



114 COLONIAL RECORDS. 



A bill for erecting part of tlie Counties of Halifax and T3'rrel 
into a County and Parish. Read the third time and. passed. 
Ordered to be engrossed. 

A Bill for establishing the Court of Chancer}', consisting of the 
Governor and Council for the time being or any five of them with 
allowances as salaries to such of the members as attend the same 
and for establishing rules of the said Court with fees to the Register 
and other Officers thereof Read the first time amended and passed. 
Then the House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning 7"''' December 177J. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly by Mr Gray and Mr Hynes a Bill to 
discontinue the poll tax of one shilling and duty of four pence p 
gallon on rum wine and other spiritous liquors. Read the first time 
amended and passed. 

A Bill to continue an Act entitled an Act to encourage the destroy- 
ing of vermin in the several Counties therein mentioned. 

Received from the Assembly by Mr Dunn and Mr Rutherford the 
following Bills Viz', 

A Bill for granting to His Majesty a duty on spirits for the pur- 
pose of amending the navigation of this Province and other purposes. 
Read the first time and passed. 

A Bill for further amending an Act entitled an Act for the better 
regulation of the Town of New Bern and for securing the titles of 
persons who hold lots in the said Town. 

A Bill for dividing the western part of Rowan County and erect- 
ing a new County and Parish by the name of York County and St 
James Parish. Read the second time and passed. 

A Bill to impower the Freeholders of the Parish of Unity in Guil- 
ford County the Parish of St Johns in Pasquotank County and the 
Parish of St Margarets in ^^''ake County to elect vestrymen in the 
room of those heretofore elected for the said Parishes. Read the 
second time amended and passed. 

A Bill to confirm the title of such persons as have purchased lands 
sold by execution under the statute of the fifth of George the Second 
intitled an Act for the more eas}' recovery of debts in his Majestys 
Plantations and Colonies in America. Read the first time and 
passed. 

Then the House adjourned till 10 "Clock on Monday Morning. 



COLONIAL RECORDS. 115 



Monday Morning 9* December 1771. 

Received from the Assembly by Col" Cray and Col° Rutherford the 
following Bills, viz' 

A Bill for granting to his Majesty the sum of one hundred and 
thirty thousand pounds proclamation money to be applied as herein 
directed and for directing the duty of Sheriffs in the execution of 
their Offices. 

A Bill to release the Inhabitants of the Parish of Granville in the 
County of Granville from certain taxes and for other purposes therein 
mentioned. Read the first time and rejected. 

A Bill for erecting in the Town of Hillsborough a public goal and 
goalers house for the district of Hillsborough in this Province. Read 
the first time and passed. 

A Bill for appointing and impowering Francis Moseley of Anson 
County and James McCoy of Rowan County to collect and receive 
the Taxes which are due from the inhabitants of the said Countys 
for the year 1770. Read the tliird time and pas.sed. Ordered to be 
engrossed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning lO"- December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the As.sembly the following Bills Viz' 

A Bill for the more easy and certain collection of his Majesty's 
Quit Rents, in this Province. Read the first time and passed. 

A Bill for appointing an Agent to solicit the affairs of this Prov- 
ince at the several Boards in England. Read the second time 
amended and j^assed. 

A Bill to annex part of Dobbs County to Pitt County. Read the 
first time and passed. 

A Bill to amend an Act intitled an Act for regulating the pilotage 
of Cape Fear River and other purposes. Read the first time and 
passed. 

A Bill for building a Court House in the Town of Salisbury for 
the district of Salisbury. Read the second time and passed. 

A Bill for laying out a }>ublic road from the frontiers of this Prov- 
ince through the County's of Mecklinburgh, Rowan, Anson and Cum- 
berland to Camplielton. Read the first time and passed. 

A Bill to amend an Act intitled an Act to pi'event hunting for and 



116 COLONIAL EECORDS. 



killing deei' in the manner therein mentioned. Read the first time 
and rejected. 

A Bill for removing the Superior Court of Hillsborough to Camp- 
belton. Read the first time and passed. 

A Bill to amend an Actiutitled "an Act for founding establishing 
and ^endowing of Queens College in the Town of Charlotte in Meck- 
lenburgh County. Read the second time and passed. 

A Bill for the further enabling Francis Lock, Andrew Allison, 
Griffith Rutherford and William Temple Cole former Sheriffs of 
Rowan County to collect the arrearages of taxes. Read the second 
time amended and passed. 

A Bill for amending an Act intitled an Act for erecting in the 
Town of Salisbury a public goal, pillory and stocks for the District 
of Salisbury in this Province. Read the third time and passed. 
Ordered to be engrossed. 

Received from the Assembly the following resolve viz' 

Gentlemen of His IMajesty's Honele Couxcil 

This House send you the petition and affidavits of Abram Evans 
to whom we have Resolved that the sum of twenty two pounds 
sixteen shillings and eight pence be paid bj' the Treasurers or either 
of them out of the sinking fund and be allowed them in the accounts 
wiili the public to which we desire your Honours concurrence. 

R" CASWELL, Speaker. • 
In the Assembly 9* Dec 1771. 
J. Green Jun', Clk 

In the upper House 10"' Dec. 1771 Concurred with 

JA^ HASELL, P. C. 

Received from the Assembly the following Bills Yiz'' 

A Bill for dividing the western part of Rowan County and erect- 
ing a new County and Parish by the name of York Count}' and St 
James Parish. Read the third time and rejected 

A Bill to enable the freeholders of the Parish of St John in the 
County of Pasquotank to elect a vestry and provide for the poor. 
Read the first time and passed. 

On motion the Bill to impower Thomas Xeal and Isaac Price to 
keep a public ferry across the Catawba river was read the first time 
and passed. 



COLONIAL EECORDS. 117 



And a Bill for laying out a Town on the Land of Richard Evans 

in Pitt County t)y the name of was read the first time and 

passed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Wednesday Morning 11"" December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly by Mr. C. Neal and Mr. Cray the fol- 
lowing Bills, Viz' 

A Bill to impower the ofliccrs therein mentioned in certain cases 
to take the poll at the election of Members to serve in the General 
Assembly. Read the second time amended and passed. 

A Bill to amend an Act intitled an Act for the regulation of the 
Town of Wilmington. 

A Bill to amend an Act intitled an Act for regulating the several 
Officers fees within this Province and ascertaining the method of 
paying the same. Read the second time amended and passed. 

A Bill to impower Thomas Neal and Isaac Price to keep a public 
Ferry across the Catawba River. Read the second time and passed. 

A Bill for laying out a Town on the Land of Richard Evans in 
Pitt County by the name of Martinborough. Read the second time 
and passed. 

A Bill to alter the method of working upon the roads in the Coun- 
ties therein mentioned. 

On motion the Bill for continuing and amending so much of an 
Act as is now in force intitled an Act for dividing this Province into 
six several districts and for establishing a Superior Court of Justice 
in each of the said Districts and regulating the proceedings therein 
and for providing adequate salaries for the Chief Justice and the 
associate Justices of the said Superior Courts, was read the second 
time amended and passed. 

Received from the Assembly A Bill to indemnify such persons as 
have acted in defence of government and for the preservation of the 
public Peace of this Province during the late insurrection from vex- 
atious suits and prosecutions. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Thursday December 12"' 1771. 
Tlie House met according to adjournment. 
Present as before. 



118 COLONIAL RECORDS. 



On motion the Bill for granting to his Majesty the sum of one 
hundred and thirty thousand pounds proc. money to be applied as 
here directed and for directing the duty of Sheriffs in the execution of 
their Office, was read the second time amended and passed. 

Received from the Assembly by Mr Campbell and Mr Dickson the 
following Resolve, A'iz' 

This House herewith send you the affidavit of Edw'' Dunfield to 
whom we have Resolved that the sum of fourteen pounds proclama- 
tion money be paid by the Treasurers out of the sinking fund, and 
allowed them in their accounts with the Public to which we desire 
your Honors Concurrence. R"" CASWELL Speaker. 

12'" Dec. 1771. In the Assembly. 

In the upper House 12"" Dec. 1771. Concurred with. 

JA' HASELL, R C. 

Received from the Assembly a Bill for laying out a public road 
from the frontiers of this Province thro' the Counties of Mecklen- 
burgh, Rowan, Anson and Cumberland to Campbelton. Read the 
second time and passed. 

A Bill to amend an Act intitled an Act for regulating the pilotage 
of Cape Fear River and other purposes. Read the second time 
amended and passed. 

A Bill to amend an Act intitled an Act for founding, establishing 
and endowing of Queens College in the Town of Charlotte in Meck- 
lenburgh County. Read the third time and pa!3sed. Ordered to be 
engrossed. 

A Bill to continue an Act Intitled an Act to encourage the 
destroying of vermin in tlie several counties therein mentioned. 
Read the third time and jDassed. Ordered to be engrossed. 

Friday 13* December 1771. 
The House met according to adjournment. 

Present as before. 
On motion ordered the following Message be sent to the Assembly. 

Mr Speaker and Gkntlejien of the Assembly. 

On reading a third time the AVilmington Bill, we would propose 
a small amendment in the clauses to prevent building piazzas and 



COLONIAL RECORDS. 119 



platforms, which to make more clear to you we send the changes as 
we wish to have them stand. 

We observe that you have deled that clause relative to persons deal- 
ing with negroes when the onus probandi shall lie upon the defendant. 
We need not enter into the necessity of such a clause, the late 
unhappy fire at Wilmington is a striking instance. And as it is 
the duty of the legislature to adopt a remedy for every evil We 
conceive that the spirit of that clause is absolutely necessary in 
some degree to be preserved in order to discourage the pernicious 
practice of dealing with negroes. We would therefore propose to 
restore that clause with the difference that instead of the onus pro- 
bandi, that the person charged with the offence shall be required 
to answer upon oath and shall be thereon convicted or discharged 
accordingly. 

We would also propose that the Act shall continue in force six 
j'-ears, and to the end of the -next Session of Assembly. 

If you agree to these amendments please send two of your llem- 
bers to see the same made. 

In the upper House 13"' Dec 1771. 

By order J. BURGWIN Clk. 

Received from the Assembly by Mr Knox and Mr Hare the fol- 
lowing Bills — Viz' 

A Bill for rating the several species of Foreign coin and making 
the same a lawful tender in all payments therein mentioned. 
Read the first time and rejected. 

A Bill for laying out a Town on the Land of Richard Evans in 
Pitt Count}' by the name of Martinborough. 

On motion a Bill for granting to his Majesty the sum of £130,000 
proc money to be applied as herein directed and for directing the 
dut}' of sheriffs in the execution of thuir Office was read a third 
time and rejected. 

Received from the Assembly a Bill to enlarge the time for several 
Sheriffs to settle their accounts with the Justices of the Inferior Courts 
of Pleas and Quarter Sessions of the Counties therein mentioned. 
Read the second time and passed. 

On motion the Bill to indemnify such persons as have acted in 
defence of Government and for the preservation of the public peace 
of this Province during the late insurrection from vexatious suits 
and prosecutions was read the second time and passed. 



120 COLONIAL RECORDS. 



Received from the Assembly by Mr Harnett and Mr James Moore 
the following Message to wit — 

Gentlemen of His Majestys Honele Council 

This House agree to the amendments by you proposed respecting 
the Wilmington Bill and send Mr Harnett and Mr James Moore 
two of the Members of this House to see the same inserted in the 
Bill. R^ CASWELL Speaker. 

Then the clause referred to and the alterations proposed were 
inserted in the said Bill in presence of the Members sent for that 
purpose And then the Bill passed the third time. Ordered to be 
engrossed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning 14'" December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly the following Bills, Viz'. 

A Bill to enable the freeholders of the Parish of St. John's in the 
County of Pasquotank to elect a vestrj^ and provide for their poor. 
Read the second time, amended and passed. 

A Bill to impower the freeholders of the Parish of Unity in Guil- 
ford County and the Parish of St. Margaret's in Wake County to 
elect vestrymen in the room of those heretofore elected for the said 
Parishes. 

A Bill to amend and continue an Act to amend an Act intitled 
an Act to establish Inferior Courts of Pleas and Quarter Sessions in 
the several Counties in this Province, passed at Wilmington in the 
4"" year of the Reign of his present Majesty. Read the second time, 
amended and passed. 

A Bill for building a Court House in the Town of Salisbury for 
the District of Salisbury. Read the third time and passed. Ordered 
to be engrossed. 

A Bill for laying out a public road from the frontiers of this 
Province through the Counties of Mecklenburg, Rowan, Anson and 
Cumberland to Campbelton. Read the third time and passed. 
Ordered to be engrossed. 

A Bill to impower the Oflicers tlierein mentioned in certain cases 
to take the poll at the election of members to serve in the General 



COLONIAL RECORDS. 121 



Assembly. Read the third time and passed. Ordered to be 
engrossed. 

A Bill to enlarge the time for several Sheriffs to settle their 
accounts with the Justices of the Inferior Courts of Pleas and Quar- 
ter Sessions of the Counties therein mentioned. 

A Bill to alter the method of working upon the roads in the 
Counties therein mentioned. Read the third time and passed.. 
Ordered to be engrossed. 

A Bill for altering the dividing lines between the Counties of 
Beaufort and Pitt. Read the second time and passed. 

Then the House adjourned till 1 "Clock on Monday morning. 

Jlonday Morning 16* December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly the following Bills, Viz'. 

A Bill to indemnify such persons as have acted in defence of Gov- 
ernment, and for the preservation of the public peace of this Prov- 
ince during the late insurrection from vexatious suits and prosecu- 
tions. Read the third time and passed. Ordered to be engrossed. 

A Bill for the further enabling Francis Lock, Andrew Allison, 
Griffith Rutherford and W" Temple Cole former Sheriffs of Rowan 
County to collect the arrearages of taxes. Read the third time and 
passed. Ordered to be engrossed. 

A Bill for erecting in the Town of Hillsborough a public goal 
and goalers house for the District of Ilillsborougii in this Province. 
Read the second time amended and passed. 

Received from the Assembly by CoP Davis and Mr Gray the fol- 
lowing Resolve viz' 

Gentlemen of His Majestys Honble Council, 

This House have resolved that the present establishment at Fort 
Johnston be continued twelve months and from then to the end of 
the next session of Assembly and desire your Honours Concurrence. 

R'^ CASWELL, Speaker. 

In the Assembly IG"' December 1771. 

By order J. Green, Jun'. Clk. 

In the upper House 16"" December 1771, read and concurred 
with. JAS. HASELL, P. C. 

Bv order J. BrKGWix, Clk. 



122 COLONIAL EECORDS. 



Tlien the House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning 17"' December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembh^ by Col Ashe and Col Vail the fol- 
lowing Bills viz'. 

A Bill for imposing a Tax of one shilling proclamation money 
p. poll on all Taxable persons within this Province and for granting 
the money arising from such tax to his Majesty his Heirs and suc- 
cessors to be applied as hereinafter directed and for directing Slieriffs 
in the execution of their Office. Read the first time and passed. 

A Bill to amend an Act entitled an Act for regulating the pilotage 
of Cape Fear Rivep and other purposes. 

A Bill to discontinue the Poll Tax of one shilling and duty of 
four pence p. gallon on rum, wine and other spiritous liquors. Read 
the second time and passed. 

A Bill to impower the Freeholders of the several Parishes therein 
mentioned to elect for vestries for their respective parishes. Read 
the third time and passed. Ordered to be engrossed. 

A Bill for erecting in the Town of Hillsborougli a public goal 
and goalers house for the District of Hillsborough in this Province. 
Read the third time and passed. Ordered to be engro.ssed. 

Then the tlouse adjourned till 10 "Clock tomorrow morning. 

Wednesday Morning IS"* December 1771. 

The House met according to adjournment. 
Present as before. 

Received from the Assembly a Bill for imposing a Tax of one 
shilling proclamation money p. poll on all taxable persons within 
this Province and for granting the money arising from sucli tax to 
His Majesty his heirs and successors to be applied as hereinafter 
directed. Read the second time and passed. 

Received from the Assembly by Mr Evans and Mr M'Kennie the 
following Bills. 

A Bill for striking Debenture Bills on Bank paper to the amount 

of thousand pounds proclamation money to be exchanged 

for all such debenture and tender bills as may be in circulation in 
this Province. Read the first time amended and passed 



COLONIAL RECOEDS. 123 



A Bill to amend an Act intitled an Act what fences are sufficient. 
Read the second time amended and passed. 

A Bill to appoint collectors, of the tax imposed by an Act Intitled 
an Act for imposing a tax of one shilling proclamation money p. 
poll on all taxable persons within this Province and for granting the 
monej' arising from such Tax to his Majesty his heirs and successors 
to be applied as hereinafter directed. Read the first time and passed 

A Bill for granting to His Majesty a duty on spirits for the pur- 
pose of amending the navigation of this Province and other purposes. 
Read the second time amended and passed. 

A Bill to enable the freeholders of the Parish of St John in the 
County of Pasquotank to elect a vestry and provide for the poor. 
Read the third time and passed. Ordered to be engrossed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Thursda}' Morning 19"' December 1771 

The House met according to adjournment. 

Received from the Assembly the Bill for the more easy and 
effectual method of collecting the taxes in the Counties therein 
mentioned. Rejected. 

A Bill for the further amending an Act intitled an Act for the 
better regulation of the Town of New Bern and for securing the 
titles of persons who hold lots in the said Towns. 

Received from the Assembly by Mr. Craj' and Mr. Blount the 
Reports of the special Committee for adjusting &c the accounts on 
the late Expedition &c, which were read in this' House approved of 
and concurred with 

Received from the Assembly by Mr Gray and Campbell the 
Reports of the Committee of the Public Claims and which were 
read approved of and concurred with 

Then the ITouse adjourned till 10 "Clock tomorrow morning 

Friday Morning 20"' December 1771. 
The House met according to adjournment 

Present as before. 
Received from the Assembly A Bill for imposing a tax of two 
shillings proclamation money p. poll on all taxable persons witliin 
this Province and for granting the money arising from such tax to 
His Majesty his heirs and successors to be applied as herein after 
directed. Read the third time and passed. Ordered to be engrossed. 



124 COLONIAL RECORDS. 



A Bill for striking Debenture Bills on bank pajier to the amount 
of one hundred and twenty thousand pounds proclamation money 
to be exchanged for all such debentui-e and tender bills as may 
be in circulation in this Province. Read the second time and passed 

A Bill for further amending an Act intitled an Act for the better 
regulation of the Town of New Bern and for securing the titles of 
persons who hold lots in the said Town. Read the second time and 
passed. 

A Bill to direct Sherifls in the execution of their Office Read the 
second time and passed. 

Received from the Assembly the following Resolve — 

Gentlhmen of His Majesty's Hoxble Council 

This House taking into consideration the conduct of Mr Corn'* 
Harnett in the late Expedition against the Insurgents; and fully 
convinced of the great service rendered his Country b}' his zeal 
and activity therein. 

Resolved that he be allowed one hundred pounds to defray the 
extraordinary expence he was at in that service. 

R^ CASWELL, Speaker. 

In the Assembly 19'" Dec. 1771. 

In the upper House. Concurred with. 

J. HASELL, P. C. 
By order J. B. Clk. 

Received from the A.sscmbly the following Resolve, A^iz. 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that six hundred copys of each of the 
Public Accounts as stated by Mr Burgwin be printed and distributed 
in equal proportions to 'every County in this Province by Adam 
Boyd. Tliat he perform this service in six months from the ri.sing 
of this present Assembly and that he be. allowed one hundred and 
seventy five pounds, that the Treasurers or either of them paj- him 
seventy five pounds immediately in order to enable him to carry on 
the same and the residue when he shall produce receipts for each 
Inferior Court Clerk that the service is fully performed. 

R'' CASWELL, Speaker. 



COLONIAL RECORDS. 125 



By order J. Green Juu'' Clk. 

In the Asscml)ly 18"' Dec 1771. 

In the upper House 20"' Dec 1771. Coneuvrred with. 

J. HASELL, President. 
By order J. E. Clk. 

Received from the Assembly the following Resolves, ^"iz' 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that John Kennedy be allowed the sum 
of four pounds four shillings for the ferriage of the Carteret detachment 
across Trent River and that the Treasurers or either of them pay 
him the same and be allowed in their Accounts Mitli the Public, to 
which we desire your Honors Concurrence. 

IV CASWELL Speaker. 

In the Assembly IC/' Dec. 1771. 

In the upper House 20"' Dec. 1771. Concurred with. 

By order J. BURGWIN Clk. 

Gentlemen of His ^Luestys Honble Council. 

This House have resolved that Adam Boyd be allowed the sum of 
twenty shillings proclamation money for printing and distributing 
two hundred hand Bills by order of His Excellency Gov. Tryon 
respecting the counterfeit Debenture Bills and that the Treasurers or 
either of them pay the .same and be allowed in their Accounts with 
the Public to which we desire your Honors Concurrence. 

R-* CASWELL Speaker 

In the Assembly 19"' Dec. 1771. 

In the upper House 20"" Dec. 1771. Coneurred with. 

By order J. B. Clk. 

Gentlemen of His Majestys Honble Council. 

This House have Resolved that Philemon Hawdcins be allowed 
the sum of three pounds fifteen shillings for his expenses in trav- 
elling to and attendance-at the last Session of Assembly as an evidence 
against George Martin and others who were suspected of counter- 
feiting the Debenture Bills and that the Treasurers or either of 



126 COLONIAL RECORDS. 



them pay him the same and be allowed in their account with the 
Public to which we desire your Honours Concurrence. 

R"' CASWELL Speaker. 
In the Assembly 19"' Dec. 1771. 

In the upper House 20'" Dec. 1771. Concurred with. 

By order J. B. Clk. 

Gentlemen of His Majestys Honble Council. 

This House have Resolved that William Bourk, Adjutant of the 
Craven detachment, be allowed twenty one pounds eleven shillings 
for a tent furnished himsel-f and Ensign Robert Fenner and also a 
Bought Horse on the late expedition again.st the insurgents And that 
the Treasurers or either of them pay him the same and be allowed 
in their Accounts with the Public to which we desire your Honors 
Concurrence. R" CASWELL Speaker. 

In the Assembly 19'" Dec. 1771. 

•In the upper House 20"" Dec. 1771 — Concurred with. 

Mr Speaker and Gentlemen of the Assembly. 

This House has observed with pleasure the attention which you 
have shewn to the merit and service of Mr Harnett on the late 
expedition against the InsurgeJits; the same sentiments operate 
with equal vigor in our minds in favor of the Honble Sam' Cornell 
Esq who not only distinguished himself by his personal behaviour, 
but by a very active and useful conduct at a very considerable 
expence and by advancing very large sums of money has greatly 
contributed to the progress and success of that expedition. We 
therefore propose to your consideration the making some adequate 
allowance to that Gentleman. 

In the upper House 20'" Dec. 1771. 

On motion ordered that the following Message be sent to the 
Assembly Viz' 

Mr Spe.vker and Gentlemen of the Assembly 

On reading a third time the Bill to amend an Act intitled an 
Act for regulating the Pilotage of Cape Fear River and other 
purposes We observe you have ftfded those Clauses giving power to 



COLONIAL RECORDS. 127 



the Capt of Fort Johnston or his Deputy to swear Masters of Vessels 
relative to throwing out their Ballast this power is already vested 
by Law in tlie Collector of Port Brunswick. If you are of opinion 
the former oath is insufficient We will as an amendment to that Law 
insert in the Bill before us the following Oath to be administered 
by the Collector or his Deputy. If you agree to sucli amendments 
please send two of your Members to see the alterations made. 
In the upper House 20"' Dec. 1771. 

By order J. B. Clk. 

Received from the Assembly the following Bills — Viz' 

A Bill to amend an Act intitled an Act for regulating the several 
Officers fees within thi<3 Province and ascertaining the method of 
paying the same. Read the third time and passed. Ordered to be 
engrossed. 

A Bill to discontinue tlio Poll Tax of one shilling and duty of 
four pence p' gallon on rum wine and other spiritous Liquors. 

On motion ordered that the following Message be sent to the 
Assembly — 

Mr Spe.\ker and Gentlkmen of the Assembly. 

On reading a third time the Bill to amend an Act intitled an 
Act what fences are sufficient We would observe to j'ou that it is 
necessary the title of the said Bill should Correspond with the sub- 
stance of the -Amendment. And we would also propose that the 
Count}' of Duplin be struck out of the Bill — to which if you 
agree please send some of your members to see the same done. 

In the upper House 20* Dec. 1771. 

By order J. B. Clk. 

A Bill for striking Debenture Bills on bank paper to the amount of 
one hundred and twenty thousand pounds proc monej' to be exchanged 
for all such debenture and tender Bills as may be in circulation in 
this Province. Read the third time and passed. Ordered to be 
engrossed. 

A Bill to direct Sheriffs in the execution of their office. Read the 
third time and rejected. 

Received from the Assembly by Mr Neal and Mr Gray the fol- 
lowing Bills viz'. 



128 COLONIAL RECORDS. 



A Bill for appointing an Agent to solicit the affairs of this 
Province at the several Boards in England. Read the third time 
and passed. Ordered to be engrossed. 

A Bill for further amending an Act intitled an Act for the better 
regulation of the Town of New Bern and for securing the titles of 
persons who hold lots in the said Town. Read the third time and 
passed. Ordered to be engrossed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

• Saturday Morning 21" December 1771. 
The House met according to adjournment. 

Present as before. 
Received from the Assembly bj' Mr Neal and Mr Gray the fol- 
lowing Message. 

Gentlemen of his Majestys Honkle Cou>'cil. 

On reading your Message relative to the fence Bill, We agree to 
the alteration of the title of the Bill so as to make it correspond 
with the amendment but cannot consent to striking Duplin County 
out of the said Bill and send Mr Neal and Mr Gray two of the Mem- 
bci"s of this House to see the same made. 

R^ CASWELL, Speaker. 

In the Assembly 20'" Dec. 1771. 

Then the said amendments v.'as made and the Bill read tlie third 
time and pa.ssed. Ordered to be engrossed. 

Mr Speaker and Gentlemen op the Assembly. 

This House adheres to the propriety of altering the Pilotage Bill 
in re-spect to the Master of the Vessels being sworn only at the Cus- 
tom House. The mere possibility of throwing out ballast below the 
Custom House is so far removed from probability that this House 
cannot agree to the Oath being administered by only a deputy to 
the Capt of the Fort. The passing the Bill in this House depends 
on the alteration pi'oposed 

In the upper Llouse 21" Dec. 1771. 

Gentlemen of His Majestys Honble Council. 

In answer to your Message of this day regarding the Pilotage Bill, 
this House do concur with the alteration by you proposed and .send 
Mr Harnett and Mr Hewes to see the same made. 

R* CASWELL, Speaker. 



COLONIAL RECORDS. 129 



Then the alteration was made in the presence of the Memljers 
sent for tliat purpose. The bill was read the third time and passed 
with amendmeHts. Ordered to be engrossed. 

Gentlemen of His JLvjestys Honble Council, 

This House have Resolved that John Rutherford Esq- advocate 
General be allowed the same sum that Lewis Henry DeRosset Esq' 
was p"^ report of the Committee of Accounts including the sum 
allowed him by the said Committee, and desire your Honours con- 
currence thereto. 

R^ CASWELL, Speaker. 

In the upper House 21" Dec 1771 the above Resolve was read 
and concurred that the Honble John Rutherford Esq late Judge 
advocate be allowed as above. 

By order J. B. Clk. 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that Chri.s" Grant of Orange County 
be allowed two pounds eleven shillings for provisions furnished 
Capt Harris's Company called in to protect the Court at Hills- 
borough in 17CS and desire your Honours Concurrence thereto. 

R* CASWELL, Speaker. 

In the Assembly 21" Dec 1771. 

In the upper House 21" Dec 1771. Concurred with. 
Gentlemen of His Majestys Honble Council, 

This House have Resolved that Enoch Bradley and John Paine 
who attended as witnesses last Session of Assembl}'^ against Thomas 
Persons one of the Members of this House who was accused of per- 
jurj^ extortion &c, the sum of five pounds each and that the Treas- 
urers or either of them -pay the same and be allowed in their accounts 
with the Public, and desire your Honours Concurrence thereto. 

R^ CASWELL, Speaker. 

In the xVssembly 21" Dec 1771. 

In the upper House 21" Dec 1771. Concurred with. 

Gentlemen of His Ma.jestys Honble Council, 

This House have Resolved that Fearnought Beaseley whose son 
was killed in the battle of AUamance and upon whose industry she 
had subsisted, being too old and infirm to get her living, be allowed 
ten pounds p' year and that the Treasurers or either of them pay her 

VOL. IX — 9 



130 COLONIAL RECORDS. 



the same yearly and be allowed in their Accounts with the Public 
and desire your Honours Concurrence thereto. 

R" CASWELL, Speaker. 

In the Assembly 20'" Dec 1771. 

In the upper House 21" Dec 1771. Concurred with. 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that the Honble James Hasell Esq. be 
allowed the sum of- two hundred pounds to defray his expence during 
the time he was in the Service of this Province to which we desire 
your Honours Concurrence. 

R^ CASWELL, Speaker. 

In the Assembly 21" Dec 1771. 

In the upper House. Concurred with. 

J. RUTHERFORD, P. C. 

By order J. B. Clk. 

Gentlemen of His Majestys Honble Council, 

Ensign W" Peyton exhibitted his petition to the Hou.se setting 
forth that by the wounds he received in the battle of Allamance he 
was reduced to a very distressed situation. The Plouse taking the 
same into consideration, Resolved that the said Ensign W" Peyton 
be allowed one hundred pounds and that the Treasurers or either of 
them pay him the same and be allowed in their accounts with the 
Public to which we desire your Honours Concurrence. 

R"' CASWELL, Speaker. 

In the Assembly 20'" Dec 1771. 

In the upper House 21" Dec. Concurred with. 

J. IL, P. C. 

Gentlemen of His Majestys Honble Council, 

Ann Bryan, Ann Ferguson, Eliz. Plarper and Faithey Smith, 
exhibitted petitions to the House setting forth that each of their 
Husbands went out in the service of Government against the Insur- 
gents and were killed in the late battle of Allamance; That they 
were in very distressed circumstances with a number of small chil- 
dren who by the loss of their Fathers must without the assistance of 
the Public be reduced to extreme w-ant, which fact having been 
made appear to the satisfaction of the House they do therefore, 
Resolve that one hundred and fifty pounds be allowed to Ann Bryan 



COLONIAL RECORDS. 131 



Widow of Ensign Bryan, killed in the late battle. That Eliz. Har- 
per, Ann Ferguson and Faithoy Smith whose Husbands were also 
killed in the battle be allowed one hundred pounds each which 
monQy shall be paid into the hands of a Trustee and be by him 
applied to the purchase of slaves for the use of the said Widows and 
their children and to no other purpose whatever. And the House 
do further Resolve that Richard Caswell Esq. be appointed Trustee 
to execute the purpose of this Resolve and that he do Report to the 
House his proceeding thereon, to which we desire your Honours 
Concurrence. 

R^ CASWELL, Speaker. 

In the Assembly 20"' December 1771. 

In the upper House 21" Dec 1771. Read and concurred with. 

J. HASELL, R C. 

By order J. B. Glk. 

Gentlemex of His Majestys Honble Council, 

This House having taken into consideration the distressed situa- 
tion of Thomas Garnish, Moses GrifRn, Daniel Pegram, Isaac Reed, 
James Hall, Thomas Kilpatrick, Charles Harrington, Christ" Acklin, 
Sweeting Bond, W" Fullerton, Charles Yates, Thos. Tortle, James 
Nelson, John Strange, Thomas Bryan, Benja. Clash, John Nevil, Wil- 
liam Lunsdale, Thomas Ker.sley, William Gilbert, Thos. Clark, Will" 
Hiscock, Soldiers who were wounded in the late battle with the 
Insurgents and in all probability will be cripples for life. Do there- 
fore Resolve that Thomas Garnish, Moses Griffin, Dan' Pegram, Isaac 
Reed, Jas. Hall, Thos. Kilpatrick, Charles Harrington, Christ" Acklin, 
Sweeting Bond, W" Fullerton and Charles Yates be allowed twentv 
pounds p. annum each. And that Thos. Tortle, James Nelson, John 
Strange, Thos. Bryan, Benj* Clash, John Nevil, W" Lunsdale and 
Thos. Kersley be allowed fifteen pounds p. year each. And that W" 
Gilbert, Thomas Clash and W" Hiscock be allowed ten pounds p. 
year each during the time they shall continue disabled and that the 
Public Treasurers for the time being or either of them do pay to the 
said persons annually the said sums above specified provided thev 
once a year produce Certificates from the Inferior Court of the County 
where they reside that they still continue disabled and are proper 
objects of Public Bountj^ 

R. CASWELL, Speaker. 



132 COLONIAL RECORDS. 



L-L the Assembly 20"- Dec 177L 

In the upper House 21" Dec. Concurred with. 

J. HASELL, P. C. 
By order J. B., Clk. 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that the lionble Rich'' Henderson be 
allowed forty one pounds thirteen shillings and four pence in lieu of 
the sura he would have been intitled to by law for holding the Eden- 
ton Superior Court in Oct 1770 being prevented by orders from Gov 
Tryon and desire your Honours Concurrence thereto. 

R. CASWELL, Speaker. 

In the Assembly 20"' Dec 1771. 

In the upper House 21" Dec 1771. Concurred with. 

Gentlemen of His Majestys Honele Council, 

This House have Resolved that the Committee of Correspondence 
instruct the Agent to solicit permission to import Portugal and 
Spanish Salt into this Province. That the Speaker write to the 
Speaker of the Plouse of Burgesses of Virginia to desire that they 
would direct their Agent to use his interests for the same purpose. 
And that His Excellency the Governor be addressed to u.se his inter- 
est in support of the Agent of this Province and desire your Hon- 
ours Concurrence thereto. 

R. CASWELL, Speaker. 

In the Assembly 21" Dec 1771. 

In the U2:)per House. Concurred with. 

J. HASELL, P. C. 

Gentlemen op His Majestys Honble Council, 
This House cannot agree to the allowance proposed to be made to 
the Honble Sam' Cornell though thoroughly convinced of his merit 
and activity in the late expedition. The allowance to Mr Harnett 
was made not only because his Services entitled him to the notice of 
this House but in consideration of his not having been in anj^ office 
or employment from which he could possibly derive compensation 
for the great expence he was at in that Expedition. 

R. CASWELL, Speaker. 
In the Assembly 20'" Dec 1771. 



COLONIAL RECORDS. 133 



Gentlemen of His Majesty's Honble Council, 

This House have Resolved that Daniel Pegram and Thomas 
Garish be allowed twenty four pounds each for the payment of 
sundry expences incurred by them while they lay disabled by 
wounds received in the Battle of Alamance and desire your Honours 
Concurrence thereto R. CASWELL Speaker. 

In the Assembly 21" Dec 1771 

In the upper House Concurred with 

Then the House adjourned till Monday Morning 10 "Clock. 

Monday Morning 23'' December 1771. 
The House met according to adjournment 

Present as before. 
Received from the Assembly the following Resolve Viz' 

Gentlemen of His Majesty's Honble Council, 

This House have Resolved that the Rev'' James Reid be requested 
to publish the sermon he preached yesterday at the Church in New 
Bern. That he be allowed ten pounds to defray the expence of print- 
ing the same and that the Treasurers or either of them pay him the 
same and be allowed in their Accounts with the Public to which we 
desire your Honours Concurrence thereto 

R. CASWELL Speaker 

In the Assembly 23'" Dec 1771. 

In the upper House 20"* Dec 1771 — Concurred with 

Received from the Assembly the following Resolve 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that James Bazzie be allowed the sum 
of twenty five pounds for preparing and firing the Artillery for the 
Army and making cartridges ct bags of grape .shot for the swivel guns 
and field pieces. That the Treasurers or either of them pay him 
the same and be allowed in their Accounts M'ith the Public to which 
we desire your Honours Concurrence 

R. CASWELL Speaker 

In the Assembly 23' Dec 1771. 

By order J. Green Jun' Clk 

In the upper House 23* Dec 1771. Concurred with 



134 COLONIAL RECORDS. 



Received from the Assemblj' the following Resolve "N'iz' 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that Robert Campbell Deputy Adju- 
tant General be allowed fifteen pounds for extra services in the late 
expedition against the Insurgents and desire your Honours Concur- 
rence thereto. R. CASWELL Speaker. 

In the Assembly 23''"' Dec. 1771. By order. 

In the upper House 23"* Dec. 1771. Concurred with. 

Received from the Assembly the estimate of that House which 
was on motion read and concurred with and sent back. 

Then on Motion the estimate of this House was taken under con- 
sideration apj^roved of and sent to the Assembly for their concurrence. 

Received from the Assembly the estimate of this House. Con- 
curred with. 

Then His Excellenc}' tlie Governor was pleased by a verbal Mes- 
sage to both Houses of Assembly to command their attendance in 
the Council •Chamber at 5 "i^lock this afternoon. At which time they 
accordingly attended, and the Speaker presented to His Excellencj^ 
the following Acts for his Assent which he passed viz'. 

1". An Act for imposing a Tax of two shillings proc. money p'' 
pollgon all taxable persons within this Province and for granting 
the money arising from such tax to His Majestj' his heirs and suc- 
cessors to be applied as hereinafter directed. 

An Act for amending an Act entitled "An Act for erecting in the 
Town of Salisbury a public gaol, pillory and stocks for the district 
of Salisbury in this Province." 

An Act for appointing and impowering Thomas Moore of Anson 
County, and James M°Coy of Rowan County, to collect and receive 
the Taxes which are due from the Inhabitants of the said Count}', 
for the year 1770. 

An Act to impower the Church Wardens and vestrymen of the 
Parish of St Gabriel in the County of Duplin to sell the Glebe in 
the said Parish and County. 

An Act to amend an Act intitled "An Act to encourage the 
destroying of vermin in tb.e several Counties therein mentioned." 

An Act to amend an Act intitled " An Act for founding, estab- 
lishing and endowing Queens College in Mecklenburgh County." 



COLONIAL- RECORDS. 135 



An Act to impower the Officers therein mentioned in certain 
cases to take the poll at the election of Members to serve in the Gen- 
eral Assembly. 

An Act for laying out a pulilic road from the Frontiers of this 
Province thro the Counties of Mecklenburg, Rowan, Anson and 
Cumberland to Campbelton. 

An Act to enlarge the time for several Sheriffs to settle their 
accounts with the Justices of the Liferior Courts of Pleas and 
Quarter Sessions of the Counties therein mentioned. 

An Act to amend an Act intitled An Act for the regulation of the 
Town of Wilmington. 

An Act to alter the method of working upon the roads in the 
Counties therein mentioned. 

^An Act for the further enabling Francis Lock, Andrew AUisoii, 
Griffith Rutherford and W" Temple Cole former Sheriffs of Rowan 
County to collect the arrearages of Taxes. 

An Act to indemnify such Persons who have acted in defence of 
Government and for the Preservation of the Public Peace of this 
Province during the late Insurrection from vexatious suits and 
Prosecutions. 

An Act for building a Court House in the Town of Sali.?bury for 
the District of Salisbur3^ 

An Act to impower the Freeholders of the several Parishes therein 
mentioned to elect vestries for their respective Parishes. 

An Act for laying out a Town on the Land of Richard Evans in 
Pitt County by the name of Martinborough. 

An Act for erecting in the Town of Hillsborough a public gaol 
and gaolers house for the district of Hillsborough in this Province. 

An Act to enable the Freeholders of the Parish of Saint John in 
the County of Pasquotank, to elect a Vestry, and provide for their 
poor. 

An Act to amend an Act for regulating the several Officers fees 
Anthin this Pi'ovince, and ascertaining the method of paying the 
same. 

An Act to amend an Act, Intitled an Act, what fences are 
sufficient, and to amend and continue an Act, relating to taking up 
stray horses. 

An Act for appointing an Agent to solicit the aifairs of this 
Province at the several Boards in England. 



136 COLONIAL RECORDS. 



An Act for further amending an Act intitled an Act for the bet- 
ter regulation of the Town of New Bern and for securing the Titles 
of Persons who hold lots in the said Town. 

An Act for the better regulating the Pilotage- of Cape Fear River 
and other purposes. 

Then His Excellency was pleased to dissolve the Assembly, and 
it was dissolved accordinglv. 



House of Assembly. 
North Caeolina — 

At an A.ssembly began and held at New Bern the Nineteenth 
Day of November in the Twelfth year of the Reign of our Sover- 
eign Lord George the Third, by the Grace of God, of Great Britain 
France and Ireland, King, Defender of the Faith (fee' and in the 
year of our Lord One Thousand Seven Hundred and Seventy one, 
being the Second Session of this Present Assembly. 

Mr Speaker and Thirty three Members appeared. 
Mr Maurice Moore Mr Cornelius Harnett 

Mr John Ashe Mr Thomas Gray 

Mr William Dickson Mr Aquilla Sugg 

Mr William Thomson Mr Edward M°Swain 

Mr Jacob Shepard Mr Rotheas Latham 

Mr Robert Howe Mr Thomas Polk 

Mr William Davis Mr William Cray 

Mr James Bonner • Mr Richard Ward 

Mr Moses Hare Mr Richard Evans 

Mr Wyriot Ormond Mr Thomas Neill 

Mr Jacob Blount Mr William Moore 

Mr Christopher Neale Mr Willie Jones 

Mr James Blount Mr William M°Ree 

Mr Samuel Johnston Mr Edward Hare 

Mr John Woodhouse Mr William Slade 

Mr Henry White 

On motion, Ordered, that Mr Willie Joiies and Mr Thomson wait 
on His Excellency the Governor, and acquaint him the House is 
met, and desire to know when they shall wait on him, being returned 
brought for answer, that His Excellency would send a Message 
when he would receive them. 



COLONIAL- EECORDS. 137 



The Clerk of the Crown having Certified that Hugh Waddell 
Esquire is duly elected a Member for Bladen County, in the room 
of Mr. John Gibbs deceased, the said Hugh Waddell appeared. 

Received from his Excellency the Governor a verbal message by 
Mr. Burgwin requiring the immediate attendance of the Hou.se at 
the Palace 

The House waited on His Excellency the Governor in the Palace 
when His Excellency was pleased to make a speech to His Majestj's 
Hon"' Council and this House. 

Mr Speaker with the members being returned, Mr Speaker reported 
that His Excellency the Governor had made a speech to the Coun- 
cil and this House; a Copy of which to prevent Mistakes he had 
obtained, and laid the same before the House. 

Then on Motion Ordered the said Speech bo read. Read the same 
and it is as foUoVr^s to wit — 

[For Governor's Speech see Journal of the tapper House, page 
101, ante] 

On Motion Resolved, the House take into Consideration His 
Excellenc}'' the Governors Speech tomorrow. 

Then the House adjourned 'till Tomorrow Morning 10 "Clock. 

Wednesday November 20" 1771. 

The House met according to Adjournment. 

Mr John Dunn the Member of Salisbury, Mr Matthew Locke and 
Mr Griffith Rutherford, Members for Rowan County, Mr Ferquard 
Campbell one of the Members of Cumberland County, and Mr James 
Picket, one of the Members of Anson County appeared 

Mr William Field and Mr John Kimbrough, the two Elected 
Members for Guilford County appeared. 

Received from His Excellency the Governor the following Message, 
to wit 

Mr Speaker and Gentlemen of the House of Assembly, 

His Majesty, by his Royal Instructions having Commanded me 
to Administer, or cause to be administered, to the Members and 
Officers of His Majestys Council, and to the ^Members of the Assem- 
bl}^ and to all Officers whatsoever throughout this Province the 



138 COLONIAL KECORDS. 



Several Oaths appointed by Acts of Parliament to be taken to Gov- 
ernment; and it appearing that the Oath of Abjuration, as altered 
by an Act of the 6'" year of His Majestys Reign hath never yet 
been in use in this Province, I have thought proper to accompany 
this Message with a Copy thereof to the end that it may be Admin- 
istered Accordingly • JO. MARTIN 
November 20"' 1771. 

On Motion Ordered that the following Message be sent to his 
Excellency the Governor 

To His Excellen'cy, Josiah Martin Esquire Captain General, 

GOVERN'OR (tc* 

Sir, 

This House ever Willing to Testify their Allegiance to their Sov- 
ereign, and inviolable Attachment to His Royal Person and Govern- 
ment, are ready to take the Oath of Abjuration prescribed by an act 
of the 6"' year of His Majesty's Reign whenever your Excellency 
shall appoint some of the Members of His Maje.stys Council to see 
the same Administered R. CASWELL Sp. 

Sent by Mr Cray and Mr Davis 

Then the House Adjourned 'till 4 "Clock in the afternoon 

The Hou.se met according to adjournment. 

Rec'' from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the Assembly, 

I have issued a Commission to His Majestys Council, impowering 
that Board or anj^ two of its Members to Administer the Oaths of 
Government, and they will attend -your House for that purpose on 
your Application. JO. MARTIN. 

On Motion ordered Mr Ashe and Mr James Blount wait on the 
Council and desire them to send some of their Members to see the 
Members of this House qualified. 

The Hon"' John Rutherford and Samuel Cornell Esq' two of His 
Majesty's Council came to the House, when Mr Maurice Moore, Mr 
Harnett, Mr Ashe, Mr Thomas, Mr Shepard, Mr 'Howe, Mr Davis, 



COLONIAL RECORDS. 139 



Mr Bonner, Mr Edward Hare, Mr Moses Hare, Mr Jacob Blount, Mr 
Christopher Neale, Mr James Blount, Mr Johnston, Mr Woodhouse, 
Mr White, Mr Dickson, Mr Gray, j\Ir Sugg, Mr Nash, Mr ]NPSwain, 
Mr Latham, Mr Polk, Mr Cray, Mr Ward, Mr Evans, Mr Tho' Neill, 
Mr William Moore, Mr Willie Jones, Mr M°Ree, Mr Slade, Mr Locke, 
Mr Duiin, Mr Rutherford, Mr Picket and Mr Ferquard Campbell, 
took the Oath of Abjuration as altered by the late Act of Par- 
liament, and Mr John Harvey, Mr James Moore, Mr Hugh Waddell, 
Mr Isaac Brooks, Mr William Field, and Mr John Kimbrough, 
■«-ere qualified by taking the Several Oaths by Law appointed for 
c|ualification of Public Officers, and repeating and Subscribing 
the Test. 

The order of the day being read, on Motion ordered. That Mr 
Maurice Moore, Mr Samuel Johnston, and Mr Abner Nash, be a 
Committee to prepare an Address, in Answer to His Excellency the 
Governor's Speech, and report the same to the House for appro- 
bation. 

Then the House Adjourned 'till Tomoirow Morning 10 "Clock. 

Thursday November 21" 1771. 

The House met according to Adjournment. 

Mr Thomas Person one of the Members of Granville, and Mr 
Joseph Montfort the Member for the Town of Halifax appeared. 

The House being informed that Mr Richard Brownrigg one of 
the Members of Chowan County, ]\Ir Lillington Lockhart one of 
the Members for Bertie, Mr Benjamin Person, one of the Jlembers for 
Bute County, Mr John Pryor one of the IVIembers for Orange County, 
and Mr John Skinner, one of the Members for Perquimans County 
are Dead. 

On motion Resolved, that His Excellenc^the Governor be addressed 
to direct the Clerk of the Crown to issue Writs to the said Respect- 
ive Counties for Electing Members to sit and vote in the Present 
Assembly, in the room and stead of the said Richard Brownrigg, 
Lillington Lockhart, Benjamin Person, John Pryor, and John 
Skinner. 

Ordered the following Message be sent to His Excellency the 
Governor, to wit. 



140 . COLONIAL RECORDS. 



Ta His Excellkncy Josiah Martin Esquire, Captain General, 

Governor (fee* 
Sir, 

This House being informed that Mr Richard Brownrigg one of 
the Members for Chowan Countj^ Mr LiUington Lockhart, one of 
the Members for Bertie County, Mr Benjamin Person, one of the 
Members for Bute County, Mr Jolin Pryor one of the Members for 
Orange County, and Mr John Skinner, one of the Members for 
Perquimans County, are dead, therefore desire your Excellency will 
be pleased to direct the Clerk of the Crown to issue writs to the 
said respective Counties, for electing Members to sit and vote in the 
present Assembly in the room and stead of the said Richard 
Brownrigg, LiUington Lockhart, Benjamin Person, John Pryor and 
John Skinner. 

Sent by Mr James Blount and Mr Shepard. 

The Clerk of the Crown having Certified that Mr Robert Lanier 
and Mr Richard Gorde, were duly Elected and returned representa- 
tives for tlie County of Surry, pursuant to which Mr Robert Lanier 
Appeared. 

Then the House Adjourned till 3 "Clock this Afternoon. 

The House met according to adjournment. 

Mr Francis Mackilwean and Mr William ]\PKinnie, the Members 
for Dobbs County, and Mr John Campbell, one of the Members for 
Bertie County appeared. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Friday November 22' 1771. 
The House met according to adjournment. 

Rec'^ from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the House of Assembly, 

Pursuant to the desire of your House, by its message of ye.ster- 
day, I have directed the Clerk of the Crown to issue writs for the 
Election of a Representative in each of the Several Counties of 
Chov,^an, Bertie, Bute, Orange and Perquimans in the room of the 
Deceased Members. JO. MARTIN. 



COLONIAL RECOFtDS. 141 



The Hon"' Alexander iPCulloch and Samuel Cornell Esquire 
two of the Members of Council, came to the Plouse; and j\[r Joseph 
Montfort, Mr Thomas Person, Mr William M'Kinnie, Mr Francis 
Mackilwean, Mr John Campbell, and Charles Robinson took the 
Oath of Abjuration, as directed by the Act of the 6'" of George the 
third Chap: 53 ; and Mr Robert Lanier was qualified by taking the 
Several Oaths by Law appointed for the qualification of Public 
Officers, and repeating and Subscribing the Test. 

On Motion ordered, that Mr Cornelius Harnett, Mr Samuel John- 
ston, Mr Abner Nash, Mr Christopher Neale, Mr William Thomson, 
Mr William Cray, Mr Jacob Sliepard, Mr John Harvey and Mr 
James Moore be appointed a Committee of Public Accounts, And 
That Mr Jacob Blount, Mr Ja' Blount, Mr William Davis, Mr Fer- 
quard Campbell, Mr Thomas Polk, Fran' Mackilwean, Mr John 
Dunn, Mr Thomas Gray, Mr Thomas Neill, Mr Griflith Rutherford, 
and Mr William Dicksou be appointed a Committee of Public Claims 
in Conjunction with such of the Members of His Majesty's Hon'''' 
Council, as they shall think fit to appoint. 

And the following Message be sent to the Council, Viz' 

Gentlemen of His Majesty's Honble Council, 

This House has appointed Mr Harnett, Mr Johnston, Mr Nash, 
JMr Christopher Neale, Mr Thomson, Mr Cray, Mr Shepard, Mr John 
Harvey, and Mr James Moore a Committee of this House, to state 
and settle the Public Accounts of this Province. 

And Mr Jacob Blount, Mr James Blount, Mr Davis, Mr Ferquard 
Campbell, Mr Polk, ^Ir Mackilwean, Mr Dunn, Mr Gray, Mr Thomas 
Neill, Mr Rutherford, and Mr Dicksou a Committee of this House, 
to settle and allow Public Claims, in Conjunction with such of your 
Honors as you shall think fit to appoint. R. CASWELL, Sp. 

Sent by Mr Jacob Blount and Mr Shepard. 

Mr. Maurice Moore, from the Committee appointed to prepare an 
Address, in Answer to his Excellency the Governors Speech, informed 
the House, that the said Committee had jjrepared the same, which 
he read in his place and delivered in at the Table where the same 
was again read. 

Ordered, the same stand the Address of this tlousc, and be entered 
on the Journal, to wit. 



142 COLONIAL RECORDS. 



To HIS Excellency Josiah Martin Esquire His Majesty's Cap- 
tain General, Governor, and Commander in Chief in and 

OVER the Province op North Carolina, 

May it please your Excellency, 

We His Majesty's most dutiful and Loyal Subjects the Representa- 
tives of the province of North Carolina, return your Excellency our 
Thanks for your Speech at the opening of this Session. 
■ Permit us Sir, to Congratulate j^ou on your appointment to the 
Government of this Province. This mark of Royal Ajjprobation 
truly Honorable to you, affords every pleasing Prospect of future 
Felicity to us. The Administration of a Gentleman Distinguished 
by a King, who ever wishes to promote the Happiness of his Sub- 
jects, we assure your Excellency, is extremely acceptable to this 
Country. 

• Public Measures pointing to the Honor of the Crown, or the pros- 
perity of this Colony, have always met with Public Approbation; 
and we are persuaded that your administration will merit every 
support wdiich may be in the power of tliis, or any future Assembly, 
to give it. 

We are happy in the Assurances your Excellency has given us, 
that our Conduct, in a time full of Danger and Difficulty, has been 
well pleasing to the King; and we thank you for the kind Congratu- 
lations with which you have been pleased to Honor us, on the Res- 
toration of peace, and Good order to this Province. 

The. Spirited Conduct of Governor Tryon, and the Bravery of the 
Officers and Troops who Served under him in the Expedition against 
the Insurgents, deserve the Acknowledgements of the whole Country; 
And it shall be our Care to make as Ample provision for defraying 
the Expences of that Important Service as the Exhausted state of 
the Public funds will admit of 

Prohibited as we are by Act of Parliament from the use of Paper 
Money, the Inconveniences Arising from a want of Specie to serve 
as a Medium of Trade, (Common in all young Countries,) are 
Changed into real Distress ; Equally felt, and equally to be Lamented 
by Individuals and by the Public. 

We earnestly wish Sir, that the only mode for Paying the Public 
Debts, which the Circumstances of this Colony will permit us to 
adopt, may prove just and satisfactory to the Public Creditors. 

We shall chearfully provide for the Maintenance of the Garrison 
of Fort Johnston ; such a measure we consider as being necessary to 



COLONIAL RECORDS 143 



the safety of one of the Principal Trading ports in tliis Province. 
Every other thing your Excellency has been pleased to recommend, 
shall meet with that attention their Importance require. 

R. CASWELL, Speaker. 

Mr Maurice Moore moved that a Committee be appointed to pre- 
pare and bring in a Bill for Granting to His Majesty the sum of 

Thousand pounds proclamation money, to be applied as herein 
directed, and for directing the duty of Sheriffs in the Execution of 
their Office, and Mr Moore, Col Harvey, Mr Harnett, Mr Willie Jones, 
Mr Howe and Mr Montfort, were Accordingly Appointed. 

Then the House Adjourned till Tomorrow Morning 10 "Clock. 

Saturday November 23'' 1771. 

The House met according to Adjournment. 

On Motion ordeftd, That Mr. Dunn, and Mr Gray wait on His 
Excellency the Governor, and inform him, that the House has pre- 
pared an Address, in answer to his Speech, and desire to know when 
they shall wait on him to present the same; who being returned, 
brought for answer, that His Excellency would receive the same on 
Tuesday next at Twelve "Clock. 

Then the House Adjourned 'till Monday next 12 "Clock. 

Monday November 25"' 1771. 

The House met according to Adjournment. 

The Clerk of the Crowu having certified, that Mr Thomas Hines, 
and Mr Benjamin Hardy, were duly Elected and returned Represen- 
tatives for the County of Wake, pursuant to which they appeared. 

Mr Joseph Hewes, one of the Members of Chowan County, Mr 
William Alston one of the Members for Chowan County, and Mr 
Thomas Eaton one of the IMembers of Bute County appeared. 

The Clerk of the Crown having certified that Mr John Wilcox, 
and Mr Isaac Brooks were duly Elected and returned Represen- 
tatives for the County of Chatham ; pursuant to which the said Mr 
Wilcox and Mr Brooks appeared. 

Then the House adjourned till Tomorrow morning 10 "Clock. 

Tuesday November 26'" 1771. 
The House met according to adjournment. 

Mr Mackilweau presented a Certificate from the Inferior Court of 
Dobbs County, therein recommending William Curlu to be Exempt 



144 COLONIAL RECORDS. 



from paying public Taxes, and doing Public duties. Ordered to be 
exempt Accordingly. 

Rcc* from the Council the following Message, to wit, 

Mr Speaker and Gentlemen of the Assembly, 

In answer to your Message relative to the Committees this House 
have appointed ■ the Hon"" John Rutherford, Alexander M^Culloch, 
William Drj^, Samuel Cornell, and Marmaduke Jones Esquires a 
Committee of this House, to Examine, state and settle the Public 
Accounts; and the I-Ioii"" Lewis Henry DeRosset, John Sampson, 
Martin Howard, Esquires, and Sir Nathaniel I>ukenfield Baronet, a 
Committee of this House to settle and allow the Public Claims. 

The Hon"° Sir Nathaniel Dukenfield, Baronet, and Marmaduke 
Jones Esquire, two of His Majesty's Council, came to the House, and 
Mr William Alston and Joseph Hewes took the Oath of Abjuration 
as altered by the late Act of Parliament, and Mr John Wilcox, Mr 
Isaac Brooks, Mr Benjamin Hardy and Mr Thomas Hines, were 
cjualified, by taking the several Oaths by Law appointed for the 
c^ualification of Public Officers and repeating and subscribing the 
test. 

Mr James Moore having moved that Mr Justice Moore have leave 
to ab.sent himself from the service of this House, in order to attend 
the Superior Court of Wilmington, which being objected to, and 
being detained in the service of the House; AVhereupon it is 

Resolved, That the Treasurer be directed to pay the said Mr Jus- 
tice Moore the sum of in Lieu of the Sum he would have 

been by law in titled to, had he attended the said Court. 

On Motion, ordered, the Nays be taken down on the said ques- 
tion, and are as follows, to wit, Messrs.'Thos. Person, Griffith Ruth- 
erford, William Moore, Thos. Neill, James Picket, Robert Lanier 
and Isaac Brooks. 

Mr John Wilcox moved for leave to absent himself from the ser- 
vice of the House. 

Mr Ferquard Campbell moved for leave to absent himself from 
the Service of this Plouse. 

Ordered they have leave accordingly. 

Mr Speaker with the House waited on His Excellency the Gov- 
ernor in the palace and presented him with the Address of this 
House; and being returned, Mr Speaker reported that he with the 
House had waited on His Excellency the CJovernor, and presented 



COLONIAL RECORDS. 143 



liiin with tiie Address, to which his Excellency was pleased to return 
an answer, a copy of which, to prevent mistakes lie had ol)tained, 
and laid the same before the House. 

Ordered the same lie read. Read the same; and is as follows: 

Mr Speaker and Gentlemen of the House of Assembly, 

I return you my Hearty thanks for this Address. My best 
acknowledgements are due to you Gentlemen, for your Congratula- 
tions on my appointment to this Government, and of your assurances 
that it is acceptable to this province ; than which nothing can Ije 
more grateful to me. 

Devoted to his Majesty's Service, I shall uniformly endeavour to 
promote the Honour and Prosperity of this Country, heartily wish- 
ing to Justify' your Obliging Expectations of my Administration. 

Your readiness to provide for the public Exigencies, does j-ou 
Credit, and gives me real pleasure. I trust Gentlemen, j-ou will 
adopt such Expedients in that Bu.siness, as shall be agreeable to the 
Legislature, and Satisfactory to the Public Credit. 

JO. MARTIX. 

New Bern Nov. 26'" 1771. 

Mr Thomas Gray Presented Sundrj' Certificates from the Inferior 
Court of Duplin Count}', therein recommending Edward Ward, 
William DufF, John BLshop, and Alexander Downej', to be exempt 
from the payment of Public Taxes, and doing Public Duties. 
. Mr Thomas Neill presented two Certificates from the Inferior 
Court of Tryon County, therein recommending William Logan and 
Robert Davis to be exempt from the payment of Public Taxes, and 
doing Public duties. 

Mr James Picket presented Sundry Certificates from the Inferior 
Court of Anson County therein rcommending William Morris, Charles 
Smith, John Hornbeck, John Seago, and George Sweating, to be 
exemjjt from the payment of Public Taxes and doing Public Duties. 
Ordered they be Exempt accordingly. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Wednesday November 27"' 1771. 
The House met according to adjournment. 

Mr Lanier presented two Certificates from the Inferior Court of 
Surry County, therein recommending Jo' Philips and Tliomas 
VOL. IX — 10 



146 COLONIAL RECORDS. 



Hugan Dunton, to be exempt from paying Public Taxes and doing 
Public duties. Ordered they be exempt accordingly. 

The Hon"° Sir Nathaniel Dukenfield Baronet, and Marmaduke 
Jones Esquire, two of His ilajesty's" Council came to the House, and 
Mr Tho' Eaton took the Oath of Abjuration as prescribed by the 
late Act of Parliament. 

Mr Harnett moved for leave to present a Bill to amend an Act 
Intitled an Act for the Regulation of the ToAvn of Wilmington. 

Ordered he have Accordingly. 

Mr Harnett presented the said Bill which he read in his place 
and delivered in at the Table; where the same was again read, 
passed and ordered to be sent to the Council. 

Sent by Mr Hewes and Mr Montfort. 

On Motion ordered, That Mr Joseph Hewes be added to the Com- 
mittee of Public Accounts, and that Mr Thomas Eaton bo added 
to the Committee of Public Claims. 

Mr Montfort presented Sundry Certificates from the Inferior. 
Court of Halifax Countj'' therein recommending John Daniel, Rich- 
ard Nail and John AViggins, to be exempt from the payment of 
Public Taxes and doing Public duties. 

Mr Thomas Eaton presented two Certificates from the Inferior 
Court of Bute County, therein recommending "Waugli Darnal, his 
son Waugh, and Moses Kennit to be exempt from the payment of 
Public Taxes, and doing Public duties. 

Ordered they be exempt Accordingly. 

Mr Person presented a petition from Sundry Inhabitants of Gran-_ 
ville County, setting forth, that they Labour under a heavy and 
burthensome Tax, which the Exigences of Government has hitherto 
made necessary, and that the Vestry of their parish, without duly 
considering the present circumstances of Government, and the heavy 
Taxes that shortly must be assessed, having engaged M-ith the work- 
men to Build two Churches; praying that the said Vestry, and such 
Workmen may be discharged from their Engagement. 

On motion ordered that Mr Person have leave to prepare and 
bring in a Bill pursuant to the I'rayer of the said Petition. 

Mr Person presented a Petition from Sundry of the Inhabitants of 
Granville County, praying an Act may pass for Exemjjting the 
Wives and Daughters of free Negroes and Mulattoes from paying 
Taxes. 



COLONIAL RECORDS. 147 



On Motion, Ordered, That Mr Person have leave to prepare and 
bring in a Bill pursuant to the Prayer of the said Petition. 

Mr. Robertson moved for leave to present a Bill for appointing 

and impowering of Anson County to collect and receive 

the Taxes which are due from the Inhabitants of the said County 
for the year 1770. 

Ordered he have leave accordingly. 

Mr Robertson presented the said Bill, which he read in his place 
and Delivered in at the Table, where the same was again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Robertson and Mr Slade. 

Mr Slade moved for leave to present a Bill for erecting part of the 
Counties of Halifax and Tyrrel into a County and Parish. 

Ordered he have leave accordingly. 

Mr Slade presented the said Bill, which he read in his place and 
Delivered in at the Table, where the same was again read passed and 
ordered to be sent to the Council. 

Sent by Mr Robinson and Mr Slade. 

Mr Person presented a petition from Sundry of the Inhabitants of 
the North part of Orange County, praying a Division of the said 
County &c 

On motion ordered Mr Person have leave to prepare and bring in 
a Bill pursuant to the prayer of the said petition. 

Mr Person pursuant to order presented the said Bill, which he 
read in his place, and Delivered in at the Table, where the same was 
again read, passed, and ordered to be sent to the Council. 

Sent by Mr Robinson and Mr Slade. 

Mr William Moore moved for leave to present a Bill to Impower 
Thomas Neill and Isaac Price to keep a Public Ferry across the 
Catawba River. 

Ordered he have leave accordingly. 

Mr Wm. Moore presented the said Bill which he read in his place 
and Delivered in at the Table, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr. Robinson and Mr Slade. 

Mr Rutherford presented a Petition from the Inhabitants of the 
Western i>art of Rowan County, praying a Division of the said 
County 

On motion ordered Mr Rutherford have leave to prepare and 
bring in a Bill pursuant to the prayer of the said Petition. 



148 COLONIAL RECORDS. 



Mr Rutherford pursuant to order presented the said Bill, which 
he read in his place and delivered in at the Table, where the same 
was again read, passed, and ordered to be sent to the Council. 

Sent by Mr Robinson and Mr Slade 

Then the House adjourned 'till tomorrow morning 10 "Clock. 

Thursday November 28* 1771. 

The House met according to adjournment. 

Mr Howell Edmunds, one of the members for the County of 
Northampton appear'ed 

Mr Montfort, from the Committee to prepare and liring in a Bill 

for Granting to His Majesty the Sum of Thousand Pounds 

proclamation money, to be applied as herein directed, and for direct- 
ing the duty of Sheriffs in the Execution of their office, presented 
the Same ; which he read in his place, and delivered in at the Table 
where the same was again read, passed, and ordered to lie sent to 
the Council. 
. Sent by Gen' Waddell and Col Ashe. 

Rec"* from the Council the Bill for appointing and Impowering 

of Anson County, to Collect and receive the Taxes which are 

due from the Inhabitants of the said County for the year 1770. In 
the upper House, read the first time and j^assed. 

Mr Ashe moved for leave to prepare and bring in a Bill for Grant- 
ing to Ills Majesty a duty on Spirits, for the purpose of amending 
the Navigation of this Province, and other purposes 

Ordered he have leave accordingl}^ 

Mr Justice Moore Moved for leave to jirepare and bring in a Bill 
to Indemnify such persons who have acted in Defence of the Gov- 
ernment, and lV)r the preservation of the Public peace of this 
Province, during the late Insurrection, from Vexatious Suits and 
prosecutions, and to pardon the Misguided offenders, Concerned in 
the said Insurrection in the Frontier parts of this Province. 

Ordered he have leave accordingly. 

Mr Nash moved for leave to present a Bill for Continuing and 
Amending so much of an Act, as is now in force, Intitled an Act for 
dividing this Province into Six Several Districts, and for Establishing 
a Superior Court of Justice in each of the said Districts, and regu- 
lating the proceedings therein ; and for providing Adequate Salaries 
for the Chief Justice and the Associate Justices of the said Superior 
Court. 



COLONIAL RECORDS. 149 



Ordered he have leave Accordingly. 

Mr Nash Presented the said Bill which he read in his place and 
Delivered in at the Table; where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Ormoud and Mr Gray. 

Rec'' from the Council the Bill to amend an Act, Intitled an Act, 
for the regulation of the Town of Wilmington. 

Endorsed, In the upper House, read the first time and passed. 

j\Ir Rutherford moved for leave to present a Bill to amend an act, 
Intitled, an Act for the Regulating the Several Officers Fees within 
this Province, and ascertaining the method of paying the same. 

Ordered he have leave accordingly. 

Ml- Rutherford presented the said Bill which he read in liis place 
and delivered in at the Table, where the same was again read 
passed, and ordered to be sent to the Council. 

Sent by Mr Rutherford and Mr Evans. 

Mr Evans moved for leave to present a Bill to amend an Act, 
Intitled an Act what Fences are Sufficient. 

Ordered he have leave accordingly. 

Mr Evans Presented the said Bill which he read in his place, and 
delivered in at the Table, where the same was agaid read, passed 
and ordered to be sent to the Council. 

Sent by Mr Rutherford and Mr Evans. 

Mr Nash moved for leave to jsresent a Bill to amend an Act, 
Intitled, an Act for Establishing a New County between Campbeltou 
and Hillsborough, by taking the Southern part of the Inhabitants 
of Orange County, by the name of Chatham County, and Saint 
Bartholomews Parish. . 

Ordered he have leave accordingly. 

Mr Nash presented the said Bill, which he read in his place and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Hardy and Mr' Brooks. 

Rec'' from the Council the Bill for Granting to his Majesty the Sum 

of Thousand pounds proclamation money, to be applied as 

herein directed, and for directing the duty of Sheriffs in the Execu- 
tion of their OfBce. 

Endorsed, In the upper House, read the first time and passed. 

Mr Hardy presented the Petition and Affidavit of James Alford 
of Wake County Setting forth that on the 2S"' day of April last the 



150 COLONIAL RECORDS. 



Dwelling House of the said James Alford was Consumed bj' fire, in 
which was Twenty eight pounds five shillings Proc. Money, of this 
Province, which was Totally destroyed, Praying to be allowed the 
same. 

On motion, Resolved, That the said James Alford be allowed the 
said sum of Twenty eight Pounds five Shillings proc Money and 
that the same be paid out of the Sinking fund, Ijy the Public Treas- 
urers or either of them who shall be allowed the same in f'C Set- 
tlement of their Accounts with the Public. 

On Motion Ordered, the following Message be sent to the Council, 

Gentlemen of His Ma.jestys Honble Council, 

This House have Resolved that James Alford of Wake County be 
allowed £28 5s. Od. out of the Sinking fund, he having made it 
appear, that on the 28"" of April last a Sum equal to that in Proc- 
lamation Money was in his Dwelling House totally destroyed, to 
which we desire your Honors Concurrence. 

R^ CASWELL, Speaker. 

Sent by Mr Hard}' and Mr Brooks. 

Mr Justice Moore presented the Petition and affidavit of Robert 
Howe, of Brunswick County setting forth that on the Ninth daj- of 
the present Month (November) he lost the Sum of Three Hundred 
and Forty eight pounds proc mone}' of this Province, which was 
entirely destroyed, and can never again come into Circulation ; 
pi'ayiug to be allowed &c. 

On motion, Resolved, That the said Robert Howe be allowed the 
said sum of three hundred and forty eight pounds proc. money, 
and that the same be paid out of the sinking fund by the Public 
.Treasurers, or either of them, who shall be allowed the same in the 
Settlement of their Accounts with the Public. 

On motion Ordered the following Message be sent to the Council, 
to wit. 

Gentlemen of His Majestys Hon"° Council, 

This House have Resolved, That Robert Howe Esquire be allowed 
the sum of three hundred and forty eight pounds out of the Sinking 
fund, he having made it appear that on the ninth day of this pi'esent 
month (November) he lost a sum equal to that in Proclamation 
money, which was entirely destroyed, and can never again come 
into circulation; and desire your Honors concurrence thereto. 

R. CASWELL, Sp. 



COLONIAL RECORDS. 151 



Sent by Mr Howe and Mr Blount 

Rec^ from the Council the following Bills: 

The Bill for Erecting the North i^art of Orange Countj', into a 

distinct County and Parish by the name of County and 

parish of 

TJie Bill for dividing the "Western part of Rowan County, and 

Erecting a new County and Parish by the name of County 

and Parish 

The Bill for Erecting part of the Counties of Halifax and Tyrrel 
into a County and Parish. 

The Bill to amend an Act, Intitled an Act what Fences are suffi- 
cient 

Tlie Bill to amend an Act, Intitled an Act for regulating the 
Several Officers Fees, within this Province, and Ascertaining the 
Method of paying the same. Endorsed, in the upper House, read 
the fir.st time and passed. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Friday Morning November 29"" 1771 

The House met according to adjournment. 

Mr M^Ree moved for leave to absent himself from the Service of 
the House 

Mr. Willie Jones moved for leave to absent himself from the Ser- 
vice of the House 

Then the House adjourned till tomorrow morning 10 "Clock 

Saturday November 30* 1771. 

The House met according to adjournment. 

Mr Gray moved for leave to present a Bill to impower the Church 
Wardens and Vestrymen in the Pari.sh of St. Gabriels in the County 
of Duplin to sell the Glebe. 
■ Ordered he have leave accordingly. 

Mr Gray presented the said Bill, which he read in his place and 
delivered in at the Table, where the same was again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Gray and Mr Dickson. 

On motion of Mr Cray, ordered. That Mr Cray, Mr Thomsi:)n, Mr 
James Moore, and Mr. Christopher Neale be discharged from their 
attendance on the Committee of Public Accounts, while the accounts 
of the late Expedition arc adjusting, they having been Officers in 



152 COLONIAL RECORDS. 



the Service of the Country in that Expedition; and that Mr Har- 
nett, Col Harvey, Mr Johnston, Mr Hewes, Mr Nash, Mr Shepard, 
and Mr Davis, be a select Committee for Adjusting, Settling and 
allowing the same. 

On motion Ordered the Bill for erecting part of the counties of 
Halifax and Tyrril into a County and Parish, be read the second 
time. Read the same a second time, amended passed, and ordered 
to be sent to the Council. 

Sent by Mr Gray and Mr Dickson. 

On motion. Ordered the Bill for appointing and impowering 
Francis Moseley of Anson County to collect and receive the Taxes 
which are due from the Inhabitants of the said County for the 
year 1770, be read the second time. Read the same the second 
time, Amended pas.sed and ordered to be sent to the Council. 

Sent by Mr Gray and Mr Dickson. 

Mr Ormond moved for leave to present a Bill for laying out a 
Town on the Land of Richard Evans, in Pitt County by the name 
of 

Ordered he have leave Accordingly. 

Mr Ormond presented the said Bill, which he read in his place, 
and Delivered in at the Table ; where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Ormond and Mr Lanier. 

Mr Ormond moved for leave to present a Bill to amend and con- 
tinue an Act, Intitled an Act, to Establish Inferior Courts of pleas 
and Quarter sessions in the several Counties in this Province, 
passed at Wilmington in the 4"' year of the Reign of his present 
Majesty. 

Ordered he have leave Accordingly. 

Mr Ormond presented the said Bill, which he read in his place 
and delivered in at the Table; where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Ormond and Mr Lanier. 

Mr James Bonner presented the Petition of Sundry of the Inhab- 
itants of the Counties of Beaufort and Pitt, for altering the Dividing 
Lines between said Counties, and praying a Town may be Erected 
at the head of Pamlico, on the Plantation of Major James Bonner 
and William Boyd, a Minor. 

On Motion, Ordered, Mr Bonner have leave to prepare and bring 
in a Bill pursuant to the prayer of the said Petition. 



COLONIAL PtEOORDS. L53 



Mr Bonner presented the said Bill which he read in his place, and 
Delivered in at the Table; where the same was again read, 
passed, and ordered to be sent to the Council. 

Mr Howe presented the Petition of Sundry Lihabitants of Surry 
County praying that there may be an Alteration in running the 
dividing line between Rowan and Surry Counties, which Alteration 
will greatly facilitate the Inhabitants of the North part of Rowan 
County, Enable the Inhabitants of Surry County to Erect their 
Public Buildings and the same pass into a Law. 

On Motion Ordered, That Mr How© have leave to prepare and 
bring in a Bill pursuant to the prayer of the said petition. 

Mr Howe presented the said Bill which he read in his place and 
Delivered in at the Table, Avhere the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Bonner and Mr Stewart. 

Mr Dunn moved for leave to present a Bill for amending an Act 
Intitled, ah Act for Erecting in the Town of Salisbury, a Public 
Gaol, Pillory and Stocks, for the District of Salisbury in this 
Province. 

Ordered he have leave accordingly. 

Mr Dunn presented the said Bill which he read in his place and 
Delivered in at the Table; where the .same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Bonner and Mr Stewart. 

Mr Justice Moore moved for leave to bring in a Bill for Estab- 
lishing a Court of Chancery, Consisting of the Governor and Coun- 
cil for the time being, or any five of them, with allowance as 
Salaries to such . of the Members as attend the Same ; and for 
Establishing Rules of the said Court, with fees to the Register and 
other Officers thereof. 

Ordered, That Mr Justice Moore have Ipave to prepare and bring- 
in the said Bill Accordingl}-. 

Rec'' from the Council the Bill to amend an Act for Establishing 
a new County between Campbelton and Hillsborough by taking the 
Southern part of the Inhabitants of Orange County, by the name 
of Chatham County and St Bartholomews Parish. Endorsed, In 
the U23per House, read the first time and passed. 

Mr Andrew Knox, one of the Members for Perquimans County-, 
Mr Alexander Stewart, one of the Members for Pitt County, Mr 



154 COLONIAL RECORDS. 



William Haywood, one of the Members for Edgecombe County 
appeared. 

The Hon"" Sir Nathaniel Dukenfield Baronet, and Marmaduke 
Jones Esquire two of his Majestys Council came to the House, and 
Mr Howell Edmunds, Mr Knox, Mr Stewart and Mr Haywood took 
the Oath of Abjuration, as prescribed by the late Act of Parliament. 

On motion ordered that Mr Knox and INIr Stewart be added to 
the Committee of Public Accounts, and on the Select Committee for 
adjusting, settling and allowing the accounts on the late Expe- 
dition. ' 

Rec'^ from the Council the two Resolves of this House of the 28"" 
Instant, for allowing the sum of £348, to Robert Howe Escp' and 
the Sum of Twenty eight pounds five Shillings to James Alford. 

Endrirsed, In the upper House Concurred with. 

JA= PIASELL, P. 

Mr Ashe presented the petition and affidavit of David Pollock 
praying an allowance maj'' be made to him for so much paid the 
Doctors for curing a wound he received by one of the Criminals in 
Wilmington Gaol. 

On Motion. Resolved, That David Pollock be allowed the sum of 
Twent}- five pounds for so much paid the Doctors for Curing a wound 
given him by one of the Criminals, in attempting to prevent the 
said Criminals Escape, to be paid by tlie public Treasurer out of tlie 
Contingent fund. 

On Motion, Ordered the following Message be sent to the Council, 
to wit, 

tjEXTLEMEN OF HiS MaJESTY'S Hon"° CoUNCIL, 

This House have Resolved that David Pollock keeper of the Wil- 
mington Gaol be allowed the Sum of Twenty five pounds for so 
much paid the Doctors for Curing a wound given him by one of the 
Criminals in attempting to prevent the said Criminals Escape, to be 
paid by the Treasurer, oat of the Contingent fund, and Desire j'our 
Honors Concurrence thereto. 

R. CASWELL, Speaker. 

■ Sent by Mr Moore and Col Thomson. 

On Motion Ordered the following Message be sent to Plis Excel- 
lencv the Governor viz' 



COLONIAL RECORDS. 155 



To HIS Excellency Josiaii Martin Esquire, Captain General, 

Governor (tc". 
Sir, 

This House have Resolved that the sum of Three Hundred and 
Forty eight pounds be allowed to Robert Howe Esquire, and also 
the sum of Twenty eight pounds five shillings, to James Alford, a 
Copy of which, concurred with by His ]\L^jesty's Hon"" Council we 
herewith send, and request your Excellencys assent thereto. 

R. CASWELL, Speaker. 

On Motion Ordered, That Mr Ormond, and Mr M'Swain have 
leave to absent themselves from the service of the House till AVed- 
nesday next. 

Mr Howe moved for leave to present a Bill for the further enabling 
Francis Locke, Andrew Allison, Griffith Rutherford, and William 
Temple Coles, formep Sheriffs of Rowan Count}- to Collect the 
Arrearages of Taxes. 

Ordered he have leave accordingly. 

Mr Howe presented the said Bill which he read in his place, and 
delivered in at the Table, where the same vvas again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Rutherford and Mr Locke. * 

Rec" from the Council the following Bills, to wit, 

The Bill to amend and continue an Act Intitled an Act, to Estal)- 
lish Inferior Courts of Pleas and quarter Sessions in the several 
Counties in this province &c°: 

The Bill for amending an Act, Intitled an Act, for erecting in the 
Town of Salisbury a public Gaol, pillory, and stocks, for the District 
of Salisbury, in this Province. 

A Bill for altering the Dividing Lines between the Counties of 
Beaufort and Pitt. 

The Bill to Impower the Church Wardens and Vestrymen of the 
' Parish of St Gabriels in Duplin County, to sell the Glebe in the said 
Parish and County. 

The Bill for annexing part of the County of Rowan to the County 
of Surry. Endorsed, In the upper House, read the fir>t time and 
passed. 

Then tlie House adjourned till Monday Jlorning 10 "Clock. 



156 COLONIAL RECORDS. 



Monday December 2'' 1771. 

The House met according to adjournment. 

Mr Edmunds presented two Certificates from the Inferior Court of 
Northampton County therein recommending Anne Wells, a free 
Negro Woman, and Benjamin Person to be Exempt from the pay- 
ment of Public Taxes. 

Ordered they be exempt accordingly. 

Mr Hardy moved for leave to present a Bill to amend an Act 
Intitled an Act to Regulate Elections, for Members to serve in tlie 
General A.ssembW, and to ascertain who shall be qualified to vote at 
the said Elections, or to be Elected a member of the General Assem- 
bly, and to direct the method to be observed in taking the poll at 
the several Elections in the Counties and Towns in this Province. 

Ordered he have leave accordingly. 

Mr Hardy presented the said Bill, which he read in his place and 
delivered in at the Table, where the same was again read, pjassed 
and ordered to be sent to the Council. 

Sent by Mr Hardy and Mr Kimbrough. 

Mr Kimbrough moved for leave to present a Bill for altering the 
place fixed upon by the Commissieners for Building a Court House, 
prison and stocks, in the County of Guilford. 

Ordered he Ifave leave accordingly. 

Mr. Kimbrough presented the said Bill wliich he read in his place, 
and delivered in at the Table, where the same was again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Hardy and Mr Kimbrough. 
■ Mr John Llooker, one of the Members for the County of Tyrrill 
appeared. 

The Hon"* John Sampson and Samuel Cornell Esq" two of His 
Majesty's Council came to the House, and Mr John Hooker was 
qualified by taking the several Oaths by Law appointed for the 
qualification of Public Officer.?, and repeating and Subscribing the 
Test. 

Rec'' from the Council the Bill for Continuing and Amending so 
much of an Act as is now in force, Intitled an Act for dividing this 
Province into six several districts, and for Establishing a Superior 
Court of Justice in each of the said Districts, and Regulating the 
proceedings therein; and for providing Adequate Salaries for the 
Chief Justice, and the Associate Justices of the said Superior Courts. 
Endorsed, In the upper House, read the first time and jiassed. 



COLONIAL RECORDS. 157 



Also the Resolve of this House, for allowing David Pollock the 
sum of Twenty five pounds. Endorsed, In the upper House, read 
considered and concurred with. JAMES HASELL, P. 

Mr. Harvey moved for leave to present a Bill for ajipointini;' an 
Agent to Solicit the Affairs of this Province at the several Boards in 
England. 

Ordered he have leave accordingly. 

Mr Harvey presented tlie said Bill which he read in his place and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Blount and Mr Haywood. 

Rec'' from the Council the following Bills, towit, 

The Bill to amend an Act, Intitled an Act to regulate Elec- 
tions etc" 

The Bill for altering the place fi.-ced upon by the Commissioners 
for Building a Court House, prison and stocks, for the County of 
Guilford. Endorsed, In the upper House, read the first tiine and 
passed. 

The Bili for appointing and impowering Francis Moseley of Anson 
County to Collect and receive the Taxes which are due from the 
Inhabitants of the said County for the year 1770. Endorsed, In the 
upper House, read the second time and passed. 

On motion, Ordered the Bill to Impower the Church Wardens 
and Vestrymen of the Parish of Saint Gabriels, in the Count}- of 
Duplin to sell the Glebe in the said Parish and Count}', be read the 
second time. Read the same a second time, passed, and ordered to 
be sent to the Council. 

Sent by Mr Locke and Mr Dickson. 

On motion ordered, that Mr Slade have leave to absent himself 
from the service of the House 

On motion ordered, the Bill to amend an Act Intitled an Act" for 
erecting in the Town of Salisbury a public Gaol, pillory and Stocks, 
for the district of Salisbury in this Province be read the second time. 
Read the second time, amended, passed and ordered to be sent to 
the Council. 

Sent by Mr Locke and Mr Dickson 

Rec* from His Excellency the Governor the two Resolves of this 
liouse the one for allowing the sum of £348. to Robert Howe 



158 COLONIAL RECORDS. 



Esquire the other for allowing the sum of £28:5:0, to James Alford. 
Assented to. 

Also the following Message, to wit, 

Mr Speaker and Gentlemen of the House of Assembly. 

I return the Resolves of your Llouse, allowing Robert Howe 
Esquire the sum of £348. and James Alford the sum of £28:5:0, 
With my assent thereto. JO. MARTIN. 

On motion. Ordered the following Message be sent to His Excel- 
lency the Governor, 

To HIS Excellency Josiah Martin Esquire, Captain General, 

Governor, Ac", 
Sir, 

We herewith send your Excellency a Resolve of this House, for 
allowing the sum of £25. to David Pollock, Concurred with by His 
Majesty's Council, and requests your Excellency's assent thereto. 

R. CASWELL, Sp. 

Sent by Col. Cray and Col. Davis. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Tuesday December 3'' 1771. 

The House met according to adjournment 

On motion ordered, the Bill to amend an Act, Intitled an Act, for 
the Regulation of the Town of Wilmington be read the second time. 
Read the same a second 'time, amended, passed, and ordered to be 
sent to the Council. i. 

Sent by Mr Blount and Mr Haywood. 

Mr Kimbrough moved for leave to present a Bill to impower the 
freeholders of the Parish of Unity, in Guilford County, and the 
Parish of St Margarets, in Wake County, to elect Vestrymen in the 
room of those heretofore Elected for the said Parishes. 

Ordered he have leave accordingly. 

Mr Kimbrough presented the said Bill which he read in his place 
and delivered in at the Table, where the same was again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Blount and Mr Haywood. 



COLONIAL RECORDS. 159 



Rec"' from His Excellency the Governor the Resolve of this House 
of the 30"^ of November, for allowing the sum of £25. to David 
Pollock. 

Also the following Message, to wit, 

Mr Speaker and Gentlemen of the House of A.s.sembly, 
I return herewith the resolve of your House, for allowing the sum 

of £25 to David Pollock, witli my a.ssent thereto. 

December 3^ 177L JO. MARTIN. 

On motion, ordered the Bill continuing and amending so much of 
an Act, as is now in force, Intitled an Act, for dividing this Province 
into Six Several Districts, and for Estaljlishing a Superior Court of 
Justice in each of the said Districts, and regulating the Proceedings 
therein, and for providing adecjuate Salaries for the Chief Justice and 
the Associate Justices of the said Superior Courts, be read the 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, to wit. 

The Bill to Impower the Freeholders in the Parish of Unitv in 
Guilford County and the Parish of Saint Margarets, in "Wake County, 
to elect Vestrymen in the room of those heretofore Elected for the 
said Parishes. 

The Bill for appointing an Agent to Solicit the affairs of this 
Province at the several Boards in England. 

The Bill for further enabling Francis Locke, Andrew Allison, and 
Griffith Rutherford, and William Temple Coles, former Sheriffs, of 
Rowan County, to Collect Arrearages of Taxes. Endorsed, In the 
upper House, read the first time and passed. 

The Bill to amend an Act, Intitled an Act, for the Regulation of 
the Town of Wilmington. 

The Bill to Impower the Church "Wardens and ^^estrymen of the 
Parish of St Gabriels, in the County of Duplin to sell the Glebe in 
the said Parish and County. 

The Bill for amending an Act, Intitled an Act, for erecting in the 
Town of Salisbury, a Public Gaol, pillory and stocks, for the District 
of Salisljurj' in this Province. Endorsed, In the upper House, read 
the second time and passed. 

Mr Macknight,- one of the Members for the County of Currituck 
appeared. 

Then the House adjourned 'till tomorrow morning 10 "Clock. 



160 ^ COLONIAL RECORDS. 



"Wednesday 4"' December 177L 

The House met according to adjournment. 

Mr Polk moved for leave to present a Bill to continue an Act, 
Intitled an Act, to encourage the Destroying of Vermin in the 
several Counties therein mentioned. 

Ordered he have leave accordingly. 

Mr Polk presented the said Bill, which he read in his jilace and 
delivered in at the Table, where the same was again read passed and 
ordered to be sent to the Council. 

Sent hv Mr Polk and Mr Kimbrough. 

Mr Dunn moved for leave to present a Bill for the more easy and 
effectual method of Collecting the Taxes in the Counties therein 
mentioned. 

Ordered he have leave Accordingly. 

Mr Dunn presented the said Bill which he read in his place, and 
delivered in at the Table, where the same was again read, passed and 
ordered to be sent to the Council. 

Sent by Mr Polk and Mr Kimbrough. 

On motion, Ordered the Bill to Impower the Church Wardens 
and Vestrymen of the Parish of St Gabriels, in the County of 
Duplin, to sell the Glebe in the said County and Parish, be read the 
third time, read the same a third time, passed and ordered to be sent 
to the Council. 

Sent by Mr Polk and Mr Kimbrough. 

Mr Dunn moved for leave to present a Bill for Building a Court 
House in the Town of Salisbury, for the District of Salisbury. 

Ordered he have leave accordingly. 

Mr Dunn presented the said Bill which he read in his place and 
delivered in at the Table, where the same was again read and passed 
and ordered to be sent to the Council. 

Sent by Mr Polk and Mr Kimbrough. 

Rec'' from the Council the Bill for Electing part of the Counties 
of Plalifax and Tyrril, into a County and parish. Endorsed, In the 
upper House, read the second time, amended and passed. 

This House being informed that on the 7"" day of March last, the 
Dwelling House of John Fulford was Consumed by fire in which he 
had the sum of Thirty Shillings proc. money, burnt and totally 
destroyed. 

On motion, Resolved, That the said John Fulford be allowed the 
sum of Thirty Shillings to be paid out of the Sinking fund, by 



COLONIAL RECORDS. . IGl 



either of tlie Public Treasurers, who shall lie allowed the same iu 
the settlement of their accounts with the Public. 

On motion, Ordered the following Message be sent to the Council, 

Gentle.mex of His Ma.tkstys Honble Gouxcil. 

This House have Resolved that John Fulford be allowed the 
sum of Thirty Shillings, he having made it appear that he had a 
sum equal to that in Proclamation Money burnt in his House, on 
the 7"" day of March last, which we have directed to be paid out of 
the Sinking fund, and Desire }-our Honors Concurrence thereto. 

R* CASAVELL Speaker. 

Sent by Mr Neale and Mr M°Kinnie. 

The Hon"° Sir Nathaniel Dukenfield Baronet, and Marmaduke 
Jones Escf two of His ALajestys Council came to the House and 
Mr Thomas Macknight one of the JNIembers for Currituck County, 
took the Oath of Abjuration as prescribed by the late Act of Par- 
liament. 

Rec'' from the Council the following Bills, towit 

The Bill for Building a Court House in the Town of Salisbury, 
for the District of Salisbury. 

The Bill to Continue an Act, Intitled an Act, to encourage the 
destroying of Vermin in the several Counties therein mentioned. 

The Bill for the more easy and effectual method of collecting 
the Taxes in the Counties therein mentioned. Endorsed, In the 
upper House, read the first time and passed. 

Also the Resolve of this Hpuse, for allowing thirty shillings to 
John Fulford. 

Endorsed, in the upper House. Concurred with. 

JAMES HASELL, P. C. 

Mr Justice Moore pursuant to order presented the Bill to Indem- 
nify such persons who have Acted in defence of Government, and 
for the preservation of the public peace of this Province, during 
the late Insurrection from vexatious suits and prosecutions; which 
he read in his place, and then delivered in at the Table, where the 
same was again read, pa.ssed, and ordered to be sent to the Council. 

Sent by Col. Moore and Col. Eaton. 

On motion ordered the following message be sent to His Excel- 
lency the Governor, towit, 
VOL. IX — 11 



162 COLONIAL RECORDS. 



To His Excellency Josiah Martin Esquire, Capt'^in General, 

Governor &c* 
Sir, 

We herewith send your Excellency a Resolve of this House for 
allowing John Fulford the sum of thirty shillings to which His 
Majesty's Council have concurred, and request your Excellencys 
assent thereto. ' R. CASWELL, Sp. 

On motion, ordered the Bill for erecting the North part of 
Orange County into a distinct County and Parish, by the name of 
Warwick County, and Parish of St Stephens, be read the second 
time. Read the same a second time and Rejected. 

On motion. Ordered the Bill for annexing a part of the County 
of Rowan to the County of Surry, be read the second time. Read 
the same a second time, amended, passed and ordered to be sent to 
the Council. 

Sent by Mr Lanier and Mr Field. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Thursday December 5'" 177L 

The House met according to adjournment. 

On motion Ordered, the Bill to Continue an Act Lititled an Act 
to encourage the destroying the Vermin in the several Counties 
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 Lanier and Mr Field. 

On motion Ordered, the Bill for altering the place fixed upon by 
the Commissioners, for Building a Court House, prison and stocks 
in the County of Guilford, be read the second time. Read the same a 
second time, amended, passed, and ordered to be sent to the Council. 

Sent by Mr Lanier and Mr Field. 

Mr Brooks presented a Petition from Sundry of the Inhabitants 
of Cumberland County bordering on Chatham County praying that 
a New County may be laid out, or that ten miles of Cumberland 
County, bordering on Chatham County may be added to Chatham 
County. 

Ordered, Mr Brooks have leave to prepare and bring in a Bill 
pursuant to the prayer of the said Petition 

Mr Brooks presented the said Bill which he read in his place, and 
delivered in at the Table; where the same was again read, passed, 
and ordered to be sent to the Council 



COLONIAL RECORDS. 1G3 



Sent by Mr Lanier and Mr Field. 

Gen' Waddell moved for leave to present a Bill to alter the method 
of working upon the Roads in the counties therein mentioned 

Ordered he have leave accordingly. 

Gen' Waddell presented the said Bill which he read in his place 
and delivered in at the table; where the same was again read, 
passed and ordered to be sent to the Council. 

Sent by Mr Lanier and Mr Field. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Friday G"' December 177L 

The House met according to adjournment. 

Mr Polk moved for leave to present a Bill to amend an Act, 
Intitlfid an Act, for founding, establishing, and endowing of Queen's 
College, in the Town of Charlotte in Mecklenburg County. 

Ordered that he have leave accordingly. 

Mr Polk presented the said Bill which he read in his place and 
delivered in at the Table; where the same was .again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

On motion Ordered the Bill to amend an Act, Intitled an Act, for 
establishing a new County between Campbelton and Hillsborough 
by taking the Southern part of the Inhabitants of Orange County 
by the name of Chatham County, and Saint Bartholomew's Parish, 
be read the second time. Read the same the second time, amended 
passed and ordei'ed to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

On motion ordered the Bill for erecting part of the Counties of 
Halifax and Tyrrill into a County and Parish be read the third 
time. Read the same a third time, passed and ordered to be sent to 
the Council. 

Sent by Mr Polk and Vv Dickson. 

Mr Howe moved for leave to prepare a paper and bring in a Bill 
for the more certain and easy collection of His Majestj's Quit rents. 

Ordered he have leave accordingly. 

Mr Harnett, moved for leave to prepare and bring in a Bill to 
amend an Act, Intitled an Act, for regulating the Pilotage of Cape 
Fear River, and other purposes. 

Ordered he have leave accordinelv. 



164 COLONIAL RECORDS. 



Mr Macknight moved for leave to prepare and bring in a Bill for 
electing a Vestry for the Parish of St John, in the County of Pas- 
quotank. 

Ordered he have leave accordingly. 

Mr Howe moved for leave to present a Bill to Impower the 
Officers therein mentioned in certain cases, to take the poll at the 
Election of Members to serve in the General Assembly. 

Ordered he have leave accordingly. 

Mr Howe presented the said Bill which he read in his place, and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

Mr Justice Moore pursuant to order presented the Bill for estab- 
lishing the Court of Chancery, consisting of the Governo*' and 
Council for the time being, or any five of them with allowance as 
salaries to such of the Members as attend the same, and for the 
establishing Rules of the said Court, with fees to the Register and 
the other ofiicers thereof, which he read in his place, and delivered 
in at the Table, where the same was again read, passed and ordered 
to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

Mr Ashe moved ft)r leave to present a Bill to enlarge the time for 
several sheriffs to settle their Accounts with the Justices of the 
Inferior Courts of pleas and c[uarter sessions of the Counties therein 
mentioned. 

Oi'dered he have leave accordingly. 

Mr Ashe presented the said Bill which he read in his place and 
delivered in at the Table, where the same was again read, passed 
and ordered to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

On motion ordered, the Bill to Imjiower the Freeholders of the 
Parish of Unity, in Guilford County, and the Parish of St Margarets, 
in AVake County, to elect Vestrymen in the room of those heretofore 
Elected for the said Parishes, be read the second time. Read the 
same a second time amended, passed and ordered to be sent to the 
Council. 

Sent by Mr Polk and Mr Dickson. 

Mr Ashe Pursuant to order presented the Bill for granting to His 
Majesty a duty on Spirits, for the purpose of amending the Naviga- 
tion of this Province; and other purposes, which he read in his place, 



COLONIAL RECORDS. 165 



and delivered in at the Tal^e, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Polk and Mr Dickson. 

Rec* from His Excellency the Governor the following Message, to 
wit, 

Mr Speaker axd Gentlemen of the Assembly, 

As I find the Business of my department in many cases unpro- 
vided for by Law, in which I have therefore no CTuide, but the 
various practices of .my Predecessors ; and as I am desirous to walk 
exactly by Legal Prescription, I take this earliest occasion to recom- 
mend to your Consideration to Ascertain by Law, the fees to be 
received by me upon all occasions. 

I have no doubt you will settle them upon such a footing as shall 
be just, reasonable, and honorable, and consistent with the Dignity 
of my office. 

JO. MARTIN 
DecemVjer 6''' 1771. 

On motion. Ordered the Bill for dividing the Western part of 
Rowan Couaty, and erecting a new County and Parish bj- the name 
of York County and St James Parish be read the second time. Read 
the same a second time, amended, passed, and ordered to be sent 
to the Council. 

Sent b.y INIr Dunn and Mr Rutherford. 

]\Ir Howe moved, for leave to present a Bill to confirm the Titles of 
such persons as have purchased Lands sold by Execution under the 
Statute of the S"" George II, Intitled an Act for the more easy 
recovery of Debts in His Majestys Plantations and Colonies in 
America. 

Ordered he have leave accordingly. 

Mr Howe presented the said Bill which he read in his place and 
delivered in at the Table, where the same was again read, jiassed 
and ordered to be sent to the Council. 

Sent by Mr Dunn and ^Ir Rutherford. 

Mr Christopher Neale moved for leave to present a Bill for further 
Amending an Act Intitled' an Act, for the better regulation of the 
Town of New Bern, and for securing the Titles of persons who hold 
lots in the said Town. 

Ordered he have leave accordinslv. 



166 COLONIAL RECORDS. 



Mr C. Neale presented the said Biil, which he read in his place, 
and delivered in at the Table, where the same was again read, 
passed and ordered to be sent to the Council. ,. 

Sent by Mr Dunn and Mr Rutherford. 

Mr Burgwin Clerk of the Committee of Account.s, pursuant to 
order laid before the House, a state of the Public Funds, Ijy which 
it aj^pears that on Account of the one shilling Tax imposed by the 
Act passed on the sixth day of April, in the 22 year of the Reigii 
of his late Majesty, Intitled an Act for granting to his Majesty the 
sum of £21,350 Public Bills of Credit of this Province, at the I'ate 
of Proclamation Money, to be applied towards Building Fortifica- 
tions in the Province payment of Public Debts, Exchanging the 
present Bills of Credit, and for making proper provisions for defray- 
ing the contingent Charges of the Government, and for repealing 
the several Laws hereinafter mentioned ; and continued by another 
Act the 19'" day of February, in the 27 year of the said Reign, 
Intitled an Act for granting to His Majesty the sum of £40,000, 
in Public Bills of Credit at the rate of Proclamation Money, to be 
applied towards defraying the expence of raising aiid subsisting 
the forces for his Majesty's Service in this Province to be sent to the 
assistance of His Majesty's Colony of Virginia, and for other pur- 
poses therein mentioned; and on account of the duty on Rum, 
Wine, and other Spiritous Lienors, there has at different times, 
been burnt and destroyed, the Sum of £53,104: 2: 0. That there is 
in the hands of the Treasurers and Sheriffs the Sum of £10,156: 18: 
on account of the one shilling Tax, and that there is Outstanding 
in the hands of the Receivers of the duty of Rum, Wine and 
other Spiritous Liquors the sum of £2429: 7: 6 by which it aj^pears 
that there has been already collected from the Inhabitants of this 
Province a sum more than equal to the whole amount of the 
proclamation Bills of Credit emitted by the al>ove Act of Assembly, 
and that there will be a Ballance in favour of the Country, after 
the payment of the Arrears, in the hands of the Several Collectors, 
for which Security hath [been] given to the Public of £4340 : 7 : 6, so 
that the said poll tax of one shilling, and duty of 4d p Gallon on 
Rum, Wine, and other Spiritous Liquors ought to cease and be dis- 
continued. 

On motion ordered that a Bill to discontinue the jjoll Tax of one 
shilling, and duty of 4d p Gallon on Rum, Wine, and other Spirit- 



COLONIAL RECORDS. 167 



ous Liquors, be brought in, and that Mr Johnston prepare the 
same. 

Mr Johnston pursuant to order prepared the Bill to discontinue 
the poll Tax of one shilling, and duty of 4d p Gallon on Rum, 
Wine and other Spiritous Liquors; which he read in his place and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Gray and Mr Hynes. 

Rec** from the Council the following Bills, Viz' 

The Bill to Indemnify such persons who have acted in defence of 
Government, and for the preservation of the Public peace of this 
Province, during the late Insurrection, from Vexatious suits and 
Prosecutions. 

The Bill to amend an Act Intitled an Act, for founding, estab- 
lishing, and endowing of Queen's College, in the Town of Charlotte, 
in Mecklenburgh County. 

The Bill to enlarge the time for several Sheriffs to settle their 
Accounts with the Justices of the Inferior Courts of Pleas and 
quarter sessions, in the Counties therein mentioned. 

The Bill to empower the officers therein mentioned, in certain 
cases, to take the poll at the election of Members to serve in the 
General Assemblj'. 

The Bill to alter the method of working upon the Roads in the 
Counties therein mentioned. 

The Bill for establishing the Court of Chancery, consisting of the 
Governor and Council for the time being or any five of them with 
allowance as salaries to such of the members of Council as attend 
the same. Endorsed, In the upper House, read the first time and 
passed. 

Also, the Bill for annexing part of Rowan to the County of Surry. 

The Bill to continue an Act, Intitled an Act, to encourage the 
destroying of Vermin in the Several counties therein mentioned. 
Endorsed, In tlie upper House, read the second time, amended and 
passed. 

Also the Bill for erecting part of the counties of Halifax and Tyrrel 
into a County and Parish. Endorsed, In the upper House, read the 
third time and passed. Ordered to be Engrossed. 

On motion Ordered, that Mr Bonner and Mr Alston have leave 
to absent themselves from the Service of this House. 

Then the House adjourned till tomorrow morning 10 "Clock. 



168 COLONIAL RECORDS. 



Saturday December 7* 177L 

The House met according to adjournment. 

On motion ordered the Bill to continue an Act Intitled an Act, to 
encourage the destroying of Vermin in the several counties therein 
mentioned, be read the third time. Read the same a third time, 
amended, passed, and ordered to be sent to the Council. 

Sent by Mr Gray and Mr Hynes. 

On motion ordered, that Mr Sugg have leave to absent himself 
from the service of the House during this session. 

On motion ordered the Bill to amend an Act, Intitled an Act, to 
regulate elections for members to serve in the General Assembly and 
Ascertain who shall be qualified to vote at the said Elections or to 
be Elected a member of the General Assembly, and to direct the 
method to be observed, in taking the poll, at the several Elections 
in the Counties and Towns in this Province, be read the second time. 
Read the same a second time and Rejected. 

Mr Person pursuant to order, presented a Bill to release the Inhab- 
itants of the Parish of Granville in the county of Granville from 
certain Taxes, and other purposes therein mentioned, which he read 
in his place, and delivered in at the Table, where the same was 
again read, passed and ordered to be sent to the Council. 

Sent by Mr Person and Mr Robinson. 

On motion ordered the Bill for appointing and impowering 
Francis Moseley of Anson County, and James M°Coy of Rowan 
County to collect and receive the Taxes which are clue from the 
Inhabitants of the said County for the year 1770, be read the third 
time. Read the same a third time, amended, passed, and ordered 
to be sent to the Council. 

Sent by Mr Person and Mr Robinson. 

Col Harvey moved for leave to present a Bill for erecting in the 
Town of Hillsborough a public Gaol and Gaolers House for the 
district of Hillsborough, in this Province. 

Ordered he have leave accordingly. 

Col Harvey presented the said Bill, whicli he read in his place 
and delivered in at the Table, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Person and Mr Robinson. 

Rec'' from the Council the following Bills, towit. 

The Bill for granting to His Majesty a duty on Spirits, for the 
purpose of Amending the Navigation of this province, and other 
purposes. 



COLONIAL RECORDS. 1G9 



The Bill to confirm the Titles of such persons as have purchased 
Lands sold by execution under the statute of the 5"" of George the 
Second, Intitled an Act for the more easj^ recovery of Debts in His 
Majesty's Plantations and Colonies in America. 

The Bill to discontin-ue the poll Tax of one shilling, and duty of 
4d. ~§ Gallon on Rum, Wine, and other Spiritous Lic|Uors. Endorsed, 
In the upper Hou.se, read the first time, amended and jaassed. 

Also, the Bill to impower the Freeholders of the Parish of Unity, 
in Guilford County, the Parish of St. Johns in Pasquotank County, 
and the Parish of St. Margaret's, in Wake County, to elect Vestrj^- 
men in the room of those heretofore elected for the said Parishes. 
Endorsed, In the upper House, read the second time, amended and 
passed. 

On motion. Resolved, That His Excellency the Governor be 
addressed to grant a General Pardon to all Persons concerned in the 
late Insurrection, Except, Herman Husband, Rednap Howell, and 
William Butler, the House being of Opinion the Crimes of these 
men are too Atrocious to merit any degree of Lenitj', and that the 
following message be sent to His Excellency the Governor, Viz', 

To His ExcELLExcY JosiAH Martix Esquire, Captaix General, 

Governor &c'' 
Sir, 

This House wishes to conciliate the minds of His Majesty's Sub- 
jects, and to establish Peace and Good Order in this Province, Hum- 
bly request that your Excellen-cj^ will be pleased to grant a General 
Pardon to all persons concerned in the late Insurrection, except 
Hermon Husband, Rednap Howell and William Butler, the 
Crimes of those men we conceive are too atrocious to merit any 
degree of Lenity. R. CASWELL, Sp. " 

Sent by Mr Gray and Mr Hynes. 

On motion ordered the Bill for granting to His Majesty the sum 

of Thousand pounds proc. money to be applied as herein 

directed and for directing the duty of Sheriffs in office be read. 
Read the same. 

Then on motion Resolved, that the said Bill be. Committed to a 
Committee of the whole house. 

The House resolved itself into a Conmiittee of the whole House 
accordingij' and chose Col" Harvey Chairman, and after some time 



170 COLONIAL RECORDS. 



spent, the Committee came to several Resolutions, whicli Mr Chair- 
man was directed to report. 

Then on motion Mr Speaker resumed the Chair, and Mr Chair- 
man reported the said Committee had come to several Resolutions, 
which he read in his place, and delivered in at the Table, where tlie 
same was again severally read, and agreed to by the House. 

Then on motion ordered the Bill be read with the amendments. 
Read the same with the amendments, passed, and ordered to be 
sent to the Council. 

Sent by Col" Cray and Col° Rutherford. 

Rec" from the Council the Bill for dividing the Western part of 
Rowan County and erecting a new County and Parish by the name 
of York County and Saint James' Parish. Endorsed, In the upper 
House, read the second time and passed. 

Mr Edward Vail, one of the members of Chowan County, and ?\Ir 
Benjamin "Wynns, one of the members of Hertford County, appeared. 

Then the House adjourned till Monday morning 10 "Clock. 

Monday 9"" December 1771. 

The House met according to adjournment, 

On motion ordered, The Bill for further enabling Francis Locke, 
Andrew Allison, Griffith Rutherford, and William Temple Coles, 
former SheriiTs of Rowan County, to collect the arrearages of Taxes, 
be read the second time. Read the same a second time, amended, 
passed, and ordered to be sent to the Council. 

Sent by Mr Haywood and Mr Rutherford. 

On motion ordered the Bill for Building a Court House in the 
Town of Salisbury for the District of Salisbury, be read the second 
time. Read tlie same a second time, amended, pa.ssed and ordered to 
be sent to the Counsel. 

Sent by Mr Haywood and Mr Rutherford. 

Mr Justice Moore moved for leave to present a Bill for laying out 
a Public Road from the Frontiers of this Province, through the 
Counties of Mecklenburg, Rowan, Anson, and Cumberland, to 
Carnpbelton. 

Ordered he have leave accordingly. 

Mr Justice Moore presented the said Bill which he read in his 
place, and delivered in at the Table, where the same was again read, 
passed and ordered to be sent to the Council. 

Sent bv Mr Havwood and Mr Rutherford. 



COLONIAL RECORDS. 171 



On motion ordered the Bill to amend an Act, Intitlcd, an Act for 
founding, establishing and endowing of Queens College in the Town 
of Charlotte in Mecklenburg County, be read the second time. 
Read the same a second time, passed and ordered to be sent to the 
Council. 

Sent by Mr Haywood and Mr Rutherford. 

Mr Howe moved for leave to present a Bill to amend an Act, 
Intitled an Act to jsrcvent hunting for, and killing Deer in the 
manner therein mentioned. 

Ordered he have leave accordingly. 

Mr. Howe presented the said Bill, which he read in his place and 
delivered in at the Table; where the same ^vas again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Haywood and Mr Rutherford. 

Mr Haywood presented the Petition and affidavit of Abraham 
Evans, setting forth that on the 28"" of November last, he had 
his House consumed by fire, in which he had the sum of twenty 
two pounds sixteen shillings eight pence burnt and totalh* destroyed. 

On motion Resolved that the said Abraham Evans be allowed 
the sum of twenty two pounds sixteen shillings and eight pence 
out of the Sinking fund, as it is made appear to this House that 
the said Abraham Evans lost Proclamation Money to that amount 
on the 28"" of November last, which was burnt and totally destroyed 
and that the Treasurers, or either of them, pay him the same, 
and be allowed in their Accounts with the Public. 

Mr Montfort presented to this House the Petition of John Simp- 
son Esqr of Pitt County, setting forth that in the month of Jul)' 
1769 he was sole owner of a certain Schooner called the John and 
Elizabeth, Ebenezer Fuller Master, whidr sailed over Ocacock Bar 
the 6* of August 17G9, bound for Barbadoes, by repeated misfor- 
tunes fell to leeward, and arrived at the Island of Jamaica, which 
said Schooner again sailed from the Island of Jamaica the 23^ of 
October 1769 for port Bath in this Province, but wind and weather 
not permitting was forced into a Spanish port, in the Bay of Mexico, 
called LaYera Cruz, where the said vessel was confiscated, and the 
Master and Crew made prisoners, praying relief etc". 

On motion ordered, the Consideration of the said Petition be 
deferred till Tomorrow Morning. 

On motion ordered the following Message be sent to his Majestys 
Council, to wit. 



172 COLONIAL RECORDS. 



Gentlemen of His Majestys Honble Council, 

This House send j'ou the Petition and affidavit of Abraham 
Evans to whom we have Resolved that the sum of twenty two 
pounds, sixteen shillings and eight pence, be paid by the Treasurers 
or either of them, out of the Sinking fund, and be allowed them in 
their Accounts with the Public, and desire your Honors Concur- 
rence thereto. R. CASWELL, Sp. 

Sent by Mr Haywood and Mr Rutherford. 

On motion ordered the Bill for appointing an agent to solicit the 
affairs of this Province at the several Boards in England be read 
the second time. Read the same a second time, amended, passed, 
and ordered to be sent to the Council. 

Sent by Mr Haywood and Mr Rutherford. 

Mr Harnett moved for leave to present a Bill to amend an Act, 
Intitled, an Act for regulating the Pilotage of Cape Fear River and 
other purposes. 

Ordered he have leave accordingly. 

Mr Harnett presented the said Bill M'hich he ivad in his place, 
and delivered in at the Table, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Haywood and Mr Rutherford. 

Mr Howe moved for leave to present a Bill for the more easy 
and certain Collection of His Majestys quit rents in this Province. 

Ordered he have leave accordingly. 

^Ir Howe presented the said Bill which he read in his place, and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Haywood ancj Mr Rutherford. 

Mr Davis moved for leave to present a bill for removing the Supe- 
rior Court of Hillsborough to Campbelton. 

Ordered he have leave accordingly. 

Mr Davis presented the said Bill which he read in his place, and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent bj^ Mr Haywood and Mr Rutherford. 

On motion ordered, the Bill for amending an Act, Lititled an Act 
for erecting in the Town of Salisbury a public Gaol, pillor}', and 
stocks for the district of Salisbury in this Province, be read the third 
time. Read the same a third time, passed and ordered to be sent to 
the Council. 



COLONIAL RECORDS. 173 



Sent by Mr Haywood and Mr Rutherford. 

Mr Evans moved for leave to present a Bill to annex part of 
Doljbs County to Pitt County. 

Ordered he have leave accordingly 

Mr Evans presented the said Bill -which he read in his place, and 
delivered in at the Table, where the same was again read, passed and 
ordered to be sent to the Council. 

Sent\)y Mr Haywood and Mr Rutherford. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Tuesday December 10"' 1771. 
The House met according to Adjournment. 

Rec'' from His Excellency the (iovernor the following message, 
towit, 

Mr Speaker and Gentlemen of the House of Assembly, 

My wishes correspond with the generous and humaiie disposition 
of your House, to Conciliate the minds of his Majesty's Subjects, 
and to establish peace and good order throughout this Province 
upon the firmest Basis; and as I consider my Powers not to Extend 
to granting a general pardon in the case you propose to me, and that 
I have already humbly offered such a measure to the Royal Consid- 
eration, I will forthwith lay your request before His Majesty, from 
whose Wisdom and Clemency, everything may be expected, that is 
consistent with humanity and sound [>olic}'. JO. MARTIN. 

Mr Speaker and Gentlemen of the House oe Assembly. 

I return herewith the Resolve of your House, for allowing John 
Fulford the sum of thirty sliillings proc. money with my assent 
thereto. " " JO. MARTIN. 

Also, the resolve of this House for allowing the sum of thirty 
shilling proc. money to John Fulford. 

Mr Macknight pursuant to order, presented the Bill to Enable the 
freeholders of the parish of Saint John in the County of Pasquotank, 
to elect a vestry, and provide for their poor, which he read in his 
place, and delivered in at the table, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Mr Jacob Blount and Mr Dunn. 

Mr Montford presented a Certificate from the Inferior Court of 
Halifax County, therein reconmrending Andrew Grymes, to be 



174 COLONIAL RECORDS. 



exempt from the paj-ment of Public Taxes and doing Public duties. 
Granted. 

Mr Montfort reported that in obedience to a resolve of the House 
last session of Assembly he had sold the lands formerly belonging 
to .James Johnston who was Sheriff of Tyrril County, on Account 
of the Debt due by him to the Public, A^iz', 

£ s d 

1 Tract 2.50 Acres on Davis Creek to John Stewart, GO 5 

1 do Joining Spears Line to James Johnston, 21 5 

1 do 100 Acres on Tick Creek to John Stewart, 55 2 

1 do 219 Acres .Joining Wards Line to Ditto, 20 

1 do 210 Acres called the folly Holmes,_-_"--- 63 1 

1 do Skewaky, where .Johnson lives to .John Stewart,-- 320 



£539 13 



These sums by the terms of the Sale, are payable in two years 
with Interest thereon from the date; and after deducting for a 
Ballance payable from Johnstons Estate to the Vestry of the Parish 
of Saint John in Tyrril County, which payment was necessary to 
obtain proper titles to the Lands; and also after deducting the 
Public Debt, and for several suits and necessary expenses attending 
this Transaction, the Overplus, if any, will be payable by me to the 
said Johnston. 

On motion ordered the Bill for dividing the Western part of 
Rowan County and erecting a new County and Parish by the name 
of York County, and Saint James Parish, be read the thij'd time. 
Read the same a third time, amended, passed and ordered to be sent 
to the Council. 

Sent by Mr Jacob Blount and ]\Ir Dunn. 

The order of the Day being read. On Motion Resolved that the 
consideration of the Petition of John Simpson be deferred till 
tomorrow Morning. 

On motion the Bill to amend an Act, Intitled, an Act for the reg- 
ulation of the Town of Wilmington, be read the third time. Read 
the same a third time, amended, passed, and ordered to be sent to 
the Council. 

Sent by Mr Christopher Neale and Mr Clay. 

The Hon"" Sir Nathaniel Dukenfield Baronet, and Marmaduke 
Jones Esquire two of His Majestys Council came to the House and 



COLONIAL RECORDS. 17; 



Mr Edward Vail and Mr Benjamin Wynns, took the Oath of Abju- 
ration, as prescribed by the kite Act of Parliament. 

Rec'' from the Council the following Bills Viz' 

The Bill for laying out a Public Road from the Frontiers of this 
Province through the counties of Mecklenburg, Rowan, Anson, and 
Cumberland, to Campbelton. 

The Bill to impower Thomas Neale, and Isaac Price to keep a 
public ferry across the Catawba River. 

The Bill for the more easy and certain collection of His Majesty's 
Quitrents in this Province. 

The Bill to amend an Act Intitled an Act, for Regulating the 
Pilotage of Cape Fear River and other purposes. 

The Bill for removing the Superior Court of Hillsborough to 
Campbelton. Endorsed, In the upper House, read the fii-st time 
and passed. 

And the Bill for appointing an agent to solicit the affairs of this 
Province at the several Boards in England. Endorsed, In the upper 
House, read the second time, amended and passed. 

The Bill for amending an xVct Intitled an Act, for erecting in the 
Town of Salisbury a public gaol, pillory and stocks, for the district 
of Salisbury in this Province. 

The Bill for appointing and impowering Francis Moseley of 
Anson County, and James M°Coy of Rowan County, to collect and 
receive the Taxes which are due from the Inhabitants of the said 
county for the year 1770. 

The Bill t-o impower the Church Wardens and Vestrymen of 
the Parish of St. Gabriels in the County of Duplin, to sell the Glebe 
in the said Parish and County. Endorsed, In the upper House read 
the third time and passed and ordered to be Engrossed. 

Also the following Bills, to wit. 

The Bill to amend an Act Intitled an Act, for founding, estaljlish- 
ing and endowing of Queens College in the Town of Cliarlotte, in 
Mecklenburg County. 

The Bill for altering the place fixed upon by the Commissioners 
for Building a Court House, prison and stocks, in the county of 
Guilford. 

The Bill for Building a Court House, in the Town of Salisbury, 
for the district of Salisbury. Endorsed, In the upper House, read 
the second time and passed. 



176 COLONIAL RECORDS. 



Also the Bill for laying out a Town on the Land of Richard 
Evans in Pitt County by the name of 

The Bill to annex part of Dobbs County to Pitt County. 

The Bill for annexing part of Cumberland County to Cliatham 
County. 

The Bill to enable the P'reeholders of the Parish of Saint John, 
in the County of Pasquotank, to elect a vestry, and provide for 
their poor. 

The Bill for erecting in the Town of Hillsborough, a public 
gaol and gaolers house, for the District of Hillsborough in this 
Province. 

Also the Resolve of this Plouse, for allowing Abraliam Evans the 
sum of twenty two pounds sixteen shillings and eight pence. 

Endorsed, In the upper House. Concurred with. 

JAMES IIASELL, P. C. 

On motion ordered the Bill to amend an Act, Intitled an Act for 
regulating the several Officers fees within this Province, and 
ascertaining the method of paying the same, be read the second 
time. Read the same a second time, amended, passed, and ordered 
to be sent to the Council. 

Sent by Mr C. Neale and Mr C'ray. 

On motion, ordered the Bill to impower the officers therein 
mentioned, in certain cases to take the poll at the Elections of ]\Iem- 
bers to serve in the General Assembly, be read the second time. 
Read the same a second time, passed and ordered to be sent to the 
Council. 

Sent by Mr C. Neal and Mr Cray. 

Col Harvey presents the Humble Address of the people called 
Quakers. Ordered the .same be read. Read tlie same, and is as 
follows, to wit, . 

To THE Governor, Council, and Burgesses, of North Carolix.v, 

NOW MET IN General Assembly, at New Bern. 
The Humble Address of the People called Quakers. 

Gratitude at this time constraineth us, in lielialf of ourselves and 
Friends, to return to you an Humble and dutiful acknowledgement 
for your great and unexpected Favour and Indulgence in passing 
an Act at the last session of Assembly, to exempt us from the 
sufferings we have been exposed to, on account of our Religious 



COLONIAL RECORDS. 



and conscientious scruples witli respect to the Militia or learning 
the Art of Fighting with the Carnal SworJ. 

And as our peaceful principle of Non-resistance leads us to a 
passive submission to our superiors, in cases that doth Interfere ■with 
our consciences We hope and believe that no disadvantage will ever 
arise to our fellow subjects from your favor to us therein. We shall 
think ourselves in duty bound to use our best endeavours, to detect 
Hypocritical pretenders who may be desirous to screen themselves 
under our profession, to enjoy the Indulgence you have been pleased 
to grant us, and by the Integrity and uprightness of our Intentions, 
having had through the tenderness of our Superiors several valuable 
privileges granted to us by Acts of Parliament, on account of our 
Tender Scruples of Conscience. 

The same Religious Principle which produceth this dissent, we 
trust, through divine assistance, will continue to engage us, as it 
always hath done, since we were a people, to exert whatever Influence 
we may be possessed of, in promoting the Fear of God, the Honour 
of our King, and the Prosperity of his Subjects. 

Signed by the appointment of our quarterh' meeting held at Little 
River, in Perquimans County, the 23'' day of the 2* month called 
February 1771 by 

THOMAS NICHOLSON, WILLIAM WHITE, 

PHINEAS NIXON, JOHN PEEBLE, 

JOSHUA SKINNER, MARK NEWBY, 

THOMAS NEWBY, and 

FRANCIS NIXON, THOMAS WHITE. 

On motion Resolved, That the Speaker express to the Peoi:)le 
called Quakers the Satisfaction their Address has given this House, 
and assure them they shall not want the due protection of 
Assembly, while they continue to deserve it. 

Mr Ralph M'Nair and Mr Francis Nash the two Elected ]\Iembers 
for the County of Orange, appeared, the Clerk of the Crown having 
certified they were duly elected and returned Representatives for the 
said County. 

On motion, Ordered, the following Message be sent to his Excel- 
lency the Governor Viz'. 



VOL. IX — 12 



178 COLONIAL RECORDS. 



To HIS Excellency Josiah Martin Esquire His Majesty's Cap- 
tain General, Governor, &c°; 
Sir, 

We herewith seud your Excellency a Resolve of tliis House for 
allowing the sum of twenty two pounds sixteen shillings and eight 
pence proclamation money, to Abraham Evans, concurred with by 
His Majestys Hon"" Council, and request your Excellency's Assent 
thereto. 

Sent by Col Haywood and Col Rutherford. 

Then the House adjourned till To morrow Morning 10 "Clock. 

Wednesday 11"" December 1771. 

The House met according to adjournment. 

The Hon"" William Dry Esquire, and Sir Nathaniel Dukenfield 
Baronet, two of His Majesty's Council, came to the House, and Mr 
Ralph M"Nair and Mr Francis Nash the two Elected Members for 
Orange County were qualified by taking the several oaths by Law 
appointed for the qualification of Public OfScers,and repeating and 
subscribing the Test. 

On motion ordered, the Bill ^^o alter the method of working upon 
the roads in the Counties 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 Col Neill and ]Major Evans. 

On motion, ordered. The Bill for laying out a town on the 
Land of Richard Evans in Pitt County by the Name of Martin- 
borough be read the second time. Read the same a second time, 
amended, passed, and ordered to be sent to the Council. 

Sent by Col Neill and Major Evans. 

On motion ordered the Bill to Impower Thos. Neill and Isaac 
Price to keep a public Ferry across the Catawba River, be read the 
second time. Read the same a second time, amended, passed and 
ordered to be sent to the Council. 

Sent by Col Neill and Major Evans. 

Rec'' from His Excellency the Governor the following Message, 

to wit, 

« 

Mr Speaker and Gi^ntlemex of the House of Assembly, 

I return herewith the Resolve, of your House with the Concur- 
rence of His Majestys Hon"" Council for allowing the sum of 



COLONIAL RECORDS. 179 



twenty two pounds sixteen shillings, and eight pence proclamation 
Money, to Aln-ahara Evans -with my assent thereto. 

JO. MARTIN. 

Also the resolve of this House, allowing Abraham Evans £22: 16: 8. 

On motion ordered the Bill to indemnify such persons as have 
acted in Defence of Government, and for the preservation of the 
Public peace of this Province, during the late Insurrection from 
vexatious suits and prosecutions, be read the second time. Read 
the same a second time, passed and ordered to be sent to the 
Council. 

Sent by Col Cray and Capt Polk. 

Rec* from the Council the Bill for amending so much of an Act 
as is now in force, Intitled an Act for dividing this Province into 
six several districts, and regulating the Proceedings therein, and for 
providing adequate Salaries for the Chief Justice and the Associate 
Justices of the said Superior Court. Endorsed, In the upper House, 
read the second time amended and passed. 

The order of the day being read. Resolved the following Message 
be sent to His Excellency the C4overnor, to -wit. 

To His Excellency Josiah ]\Iartix Esijuikk, Captain CJeneral, 

Governor, &c* 
Sir, 

This House have had laid before them a petition and sundry 
papers from Col John Simpson of Pitt County, by which it appears 
that a certain vessel of Jiis called the John and Elizabeth, sailed 
from .Jamaica in the Month of October 1769 having on board sun- 
dry commodities, the produce of that Island, being returns for a 
cargo sold there, and bound to port Bath in this Province, meeting 
with stormy and tempestuous weather, would not proceed on her 
intended voj^jige through the Gulf of Florida till the month of 
December; when their water and provisions were expended the mas- 
ter and Crew consulted to endeavour getting into some port for 
assistance, and supply of water and provisions, but were unfortu- 
nately forced to the westward of Pensacola, Mobile and Mississippi, 
and had no other resource but trying to get to LaVera Cruz which 
they did in great distress, and were immediately made Prisoners 
and their vessel seized and detained. Contrary to the Laws of Nature 
and Nations in such ca.ses, while the Subjects of the King of Spain, 



180 COLONIAL RECORDS. 



who were in distress, and forced into the ports of tliis Province 
received every assistance and protection to tlieir Persons and prop- 
erties with leave to depart, when and how they pleased. 

This House therefore humbly recommend Mr Simpsons case to 
your Excellencys Consideration and Assistance, to provide a speed}'' 
release of the Unfortunate distressed Master and Mariners of the 
said vessel, and effects she had on Board when first seized at 
La Vera Cruz, as in your Excellencys Opinion ma}' be Expedient. 

R. CASWELL, Sp. 

Sent by Capt Campbell and Col. A^ail. 

On motion ordered the Bill for altering the place fixed upon by 
the Commissioners for building a Court House, Prison and Stocks 
in the County of Guilford be read a third time. Read the same a 
third time, and rejected. 

On motion ordered the Bill to amend an Act Intitled an Act, for 
founding, establishing and endowing of Queens College in the 
Town of Charlotte in Mecklenburg County be read the third time. 
Read the same a third time, passed, and ordered to be sent to the 
Council. • • 

Sent by Capt Polk and Mr Rutherford. 

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 by Capt Polk and Mr Rutherford. 

On motion ordered the Bill for laying out a public road, from the 
Frontiers of this Province, through the Counties of Mecklenburg, 
Rowan, Anson, and Cumberland to Campbelton, be read the second 
time. Read the same a second time, amended, passed, and ordered 
to be sent to the Council. 

Sent by Capt Polk and Mr Rutherford. 

On motion ordered. That Mr Stewart have leave to aT^sent himself 
from the service of the House, for a few days. 

Then the House adjourned till Tomorrow morning 10 "Clock. 

Thursday December 12"> 1771. 

The House met according to adjournment. 

Mr Ormond presented a Certificate from the Inferior Court of 
Beaufort County, therein recommending Josiah Jones, to be exempt 
from paying Taxes and doing Public duties. 



COLONIAL RECORDS. ,181 



Ordered he be exempt accordiDgly. 

Oa motion Resolved, That no claim for any Money lost by any per- 
son- whatsoever shall be hereafter allowed by this House, unless the 
loss of such money be attested by the Oath of some indifferent person. 

Mr Farquard Campbell presented the affidavit of Edward Dunfield 
of Cumberland County setting forth he lost out of his poctet book, 
in the North West Branch of Cape Fear River, in which was the 
sum of fourteen pounds proc. Money, which can never come into 
circulation again. 

On motion Resolved, That the said Edward Dunfield be allowed 
the sum of fourteen pounds, to be paid out of the sinking fund, as 
it is made fully appear that the said Edward Dunfield lost proc. 
money to that amount in the North West Branch of Cape Fear 
River ; and that the Treasurers pay him the same, and be allowed in 
their Accounts. 

On motion, ordered, the following ^lessage be sent to His 
Majesty's Council, to wit, 

Gextlkmen of His M.^jestys Hoxble Council, 

This House herewith send you the affidavit of Edward Dunfield to 
v/hom we have resolved that the sum of fourteen pounds proc. 
money be paid by the Treasurers out of the sinking fund, and 
allowed them in their Accounts with the public, to which we desire 
your Honors concurrence. R. CASWELL, Sp. 

Sent by Mr F Campbell and Mr Dickson 

Rec"" from the Council the Bill for granting to His Majesty the 
sum of one hundred and thirty thousand pounds proclamation 
money, to be applied as herein directed, and for directing the duty 
of Sheriffs in the execution of their office. Endorsed, in the upper 
House, read the second time and passed. 

Rec'' from the Council the Resolve of this House, for allowing the 
sum of fourteen pounds to Edward Dunfield. 

On motion ordered the following message be sent to His Excel- 
lency the Governor Viz' 

To His Excellency, .Josiaii Martin Esquire Captain General, 

Governor etc" 
Sir, 

We herewith send your Excellency a resolve of this House, for 
allowing Edward Dunfield the sum of fourteen pounds proclama- 



182 COLONIAL RECOEDS. 



tiou mone}', concurred witli by His Majesty's Hon"° Council, and 
request j'our Excellency's assent thereto. R. CASWELL, Sp. 

. Rec'' from the Council the Bill to amend an Act Intitled an Act 
for regulating tlie several Officers fees within this Province, and 
ascertaining the method of paying the same. Endorsed, In the 
ujjper House, read the second time, amended and passed. 

The Bill to alter the method of working the roads, in the counties 
therein mentioned. Endorsed, in the upper House, read the second 
time and passed. 

Rec'^ from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the House of Assembly, 

111 answer to your message of this day accompanying the Petition 
of Col John Simpson in Relation to his Vessel and Crew detained 
by the Spaniards at La yeva Cruz, contrary to the Law of Nation;;, 
and recommending his case to my Consideration; I am to assure 
you, that I will, as it becomes my indispensible duty, take every 
measure in my Power to procure him the amplest redress, in order 
to which I will immediately apply to the Admiral or Commander 
in Chief of His Majesty's Squadron at .Jamaica, to demand the 
release of the Crew of the Scooner Jolin and Elizabeth, and full 
restitution of the Vessel and Cargo. And I will also forthwith lay 
before the King, this violence done to his Subjects, which it cannot 
be doubted his Majesty will resent with all becoming Dignity. 

JO. MARTIN. 

Rec" from the Council the following Bills, towit. 

The Bill for laying out a public road, from the Frontiers of this 
Province through the Counties of Mecklenburgh, Rowan, Anson and 
Cuml:>erland to Campbelton. 

Also the Bill for laying out a Town on the Land of Richard 
Evans in Pitt County by the name of Martinliorough. 

The Bill to impower Thomas Neill and Isaac Price to keep a pub- 
lic ferry across the Catawba. Endorsed, In the upper House, read 
the second time and passed. 

The Bill to Impower the officers therein mentioned in certain 
cases, to take the poll at the Election of Members to serve in the 
General Assemblv- 



COLONIAL RECORDS. 183 



The Bill to amend an Act Intitled an Act fur regulating the pilot- 
age of Cape Fear River and other purposes. 

The Bill for further enabling Francis Locke, Andrew Allison, 
Griffith Rutherford and William Temple Coles, former Sheriffs of 
Rowan County to collect the arrearages of taxes. Endorsed, Li the 
upper House, read the second time amended and jDassed. 

The Bill to continue an Act Intitled an Act to encourage the 
destroying of Vermin in the several Counties therein mentioned. 

Th*e Bill to amend an Act Intitled an Act for founding establish- 
ing and endowing of Queens College, in the Town of Charlotte in 
Mecklenburgh Count}-. Endorsed, In the upper House, read the 
third time and passed. Ordered to be Engrossed. 

On motion ordered the Bill for granting to His JIajest}' the sum 
of one hundred and twentj' thousand pounds proc. money, to be 
applied as herein directed, and for directing the duty of sheriffs in 
the Execution of their office, be read the third time. Read the 
same a third time, amended, passed and ordered to be sent to the 
Council. 

Sent by Col. Harvey and Col. Ashe. 

Then the House adjourned "till Tomorrow Morning 10 "Clock. 

Friday December 1.3''' 1771. 

Tlie House met according to adjournment. 

On motion ordered the Bill for laying out a Town on tlie Land 
of Richard Evans in Pitt County, by the Name of Martinborough 
be read the third time. Read the same a third time, amended, 
passed, and oi'dered to be sent to the Council. 

Sent by Mr Knox and Mr Hare. 

Mr Knox moved for leave to present a Bill for rating the several 
Species of Foreign Coin, and making the same a Legal Tender in 
all payments therein mentioned. 

Ordered he have leave accordingly. 

Mr Knox presented the. said Bill Avhicli he read in his place and 
delivered in at the Table, where the same was again read, passed, 
and ordered to be sent to the Council. 

Sent by Mr Knox and Mr Hare. 

On motion ordered the Bill to enlarge the time for several Sheriffs 
to settle their accounts with the Justices of the Inferior Courts of 
pleas and quarter sessions of the Counties therein mentioned, be read 



184 COLONIAL RECORDS. 



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

Sent by Mr M'Nair and Mr Locke. 

Rec'' from the Council the following Message, to wit, 

Mr Speaker and Gentlemen of the House of Assembly 

On reading a third time the Wilmington Bill, we would propose 
a small amendment in the clauses to preYent building Piazzas and 
Platforms, which to make more clear to you, we send the clauses as. 
we wish to have them stand. 

We -observe that you have deled that clause relative to persons 
dealing with Negroes where Onus Probandi, shall lie upon the 
Defendant. We need not enter into the necessity of such a clause. 
The late unhappy fire at Wilmington is a striking instance ; and as 
it is the duty of the Legislature to adopt a remedy for every evil, 
We conceive that the spirit of that clause is absolutely necessar\', in 
some degree, to be preserved, in order to discourage the pernicious' 
practice of dealing with Negroes. We w'ould therefore propose to 
restore that clause, with this difference, that instead of the Onus 
Probandi, that the person charged with the offence, shall be required 
to answer upon Oath, and shall be thereon Convicted or Discharged 
Accordingly. 

We would also propose that the Act, shall continue in force six 
years, and to the end of the next session of Assembly. If you agree 
to these Amendments, please send two of your Members to see the 
same made. 

On motion. Resolved, the House agree to the proposed Amend- 
ments, and that the following ilcssage be sent to the Council 
Viz'— 

Gentle:men of His Majesty's Honble Couxcil, 

This House agree to the Amendments by you proposed, respect- 
ing the Wilmington Bill, and send ^Ir Harnett and Mr James 
Moore two of the Memliers of this House, to see the same inserted 
in the Bill. 

R. CASWELL, Sp. 

On motion ordered, the Bill to Impower the Freeholders of the 
Parish of Unity, in Guilford County and the Parish of Saint 
Margarets in Wake County, to elect Vestrymen, in the room of 



COLONIAL RECORDS. 185 



those heretofore elected for the said Parishes, be read the third 
time. Read the same a third time, amended, passed, and ordered 
to be sent to the Council. 

Sent by Mr Hynes and Mr Kimbrough. 

On motion ordered the Bill for amending so much of an Act, as 
is now in force, Intitled an Act for dividing this Province into six 
several Districts and for establishing a Superior Court of Justice in 
each of the said districts and regulating the proceedings therein, 
and for providing Adequate salaries for the Chief Justice and the 
associate Justices of the said Superior Courts, be read the third 
time. Read the same the third time and Rejected. 

On motion ordered the Bill to enable the Freeholders of the 
Parish of Saint John in Pasquotank County to Elect a Vestry, and 
provide for their poor, be read the second time. Read the same 
a second time, amended passed and ordered to be sent to the 
Council. 

Sent by }ilr Hynes and ilr Kimbrough. 

On motion ordered the Bill to amend and continue an Act, 
Intitled an Act to amend and continue an Act Intitled an Act to 
establish Inferior Courts of pleas and quarter sessions in the several 
Counties in this Province, be read the second time. Read the 
same a second time, amended, passed, and ordered to be sent to the 
Council. 

Sent by Mr Hynes and Mr Kimbrough. 

On motion ordered the Bill for Building a Court House in the 
Town of Salisbury for the District of Salisbury, be read the third 
time. Read the same a third time, amended, passed, and ordered 
to be sent to the Council. 

Sent by Mr Hynes and Mr Kimbrough. 

Rec* from the Council the following Bills, Viz' 

The Bill to enlarge the time for several Sheriffs to settle their 
Accounts, with the Justices of the Inferior Courts of pleas and 
quarter sessions of the Counties therein mentioned. 

The Bill to indemnif}^ such persons as have acted in Defence of 
Government, and for the preservation of the public peace of this 
Province, during the late Insurrection, from vexatious suits and 
prosecutions. Endorsed, In the upper House, read the second time, 
and passed. 



186 COLONIAL RECORDS. 



Ou motion, ordered the Bill for establishing the Court of Chancery 
consisting of tlie Governor and Council for the time being &c be 
read tlie second time. Read the same a second time and rejected. 

On motion ordered tlie Bill to impower Tho^ Neill and Isaac 
Price to keep a Public Ferry across the Catawba RivCr be read 
the third time. Read the same a third time, amended, passed, and 
ordered to be sent to the Council. 

Sent by Mr W"" Moore and Mr Fields. 

On motion ordered Mr Gray have leave to absent himself from 
the service of this House during the session. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Saturday Decemlier 14* 1771. 

The House met according to Adjournment. 

On motion ordered the Bill for laying out a public road from the 
J'rontier of this Province, through the Counties of Mecklenliurg, 
Ro~\van, Anson and Cumberland to Campbelton, be read the tliird 
time. Read the same a third time, amended, passed and ordered to 
be sent to the Council. 

Sent by Mr W"^ Moore and Mr Fields. 

On motion ordered the Bill to empower the officers therein men- 
tioned, in certain cases, to take the poll at the Election of members 
to serve in the General Assembly, be read the third time. Read the 
same a third time, amended, passed and ordered to be sent to the 
Council. 

Sent b)' Mr Moore and Mr Fields. 

On motion, ordered, the Bill to alter the method of working upon 
the roads in the counties therein mentioned, be read the third time. 
Read the same a third time, amended, passed and ordered to be 
sent to the Council. 

Sent by Mr Moore and Mr Fields. 

On motion, ordered, the Bill to enlarge the time for several Sheriffs 
to sfettle their accounts with the Justices of the Inferior Courts and 
Quarter Sessions of the counties therein mentioned be read the 
third time. Read the same a third time, passed and ordered to be 
sent to the Council. 

Sent by Mr W" Moore and Mr Fields, 

(Jn motion ordered, the Bill for altering the dividing lines between 
the counties of Beaufort and Pitt, be read the second time. Read 
the same a second time, passed and ordered to be sent to the Council. 



COLONIAL RECORDS. 187 



Sent b}' Mr Ormond and Mr Hare. 

Rec'' from the Council the following Bills, towit, 

The Bill for laying out a public road from the Frontiers of this 
Province through the counties of Mecklenburg, Rowan, Anson and 
Cumberland to Campbelton. 

The Bill to Impower the Officers therein mentioned in certain cases 
to take the poll at the election of members to serve in the General 
Assembly. Endorsed, In the u}»per House, read the "third time and 
passed. Ordered to be Engrossed. 

The Bill to enable the Freeholders of the Parish of Saint John 
in the county of Pasquotank to Elect a Vestry, and jirovide for their 
poor. Endorsed, In the upper House, read the second time amended 
and passed. 

On motion ordered, Mr James Blount have leave to absent him- 
self from the service of the House, during this Session. 

On motion ordered, the Bill to Indemnify such persons as have 
acted in defence of Government, and for the preservation of the 
Public peace of this Province, during the late Insurrections from 
vexatious suits and Prosecutions, be read the third time. Read the 
same a third time, amended, passed and ordered to be sent to the 
Council. 

Sent by Col Nash and Col Cray. 

Rec'' from the Council the following Bills, towit, 

The Bill to enlarge the time for several Sheriffs to settle their 
accounts with the Justices of the Inferior Courts of Pleas and 
quarter sessions in the Counties therein mentioned. Endorsed, In 
the upper House, read the third time and passed. Ordered to be 
engrossed. 

The Bill to amend and continue an Act Intitled an Act, to Estab- 
lish Inferior Courts of Pleas and quarter Sessions in the several 
Counties in this Province, passed at AVilmington in the 4"" year of 
the Reign of his present Majestv', and, 

The Bill for altering the dividing Lines between the Counties of 
Beaufort and Pitt. Endorsed, In the upper House, read the same 
a second time and passed. 

On motion, ordered the Bill for removing the Superior Court 
of Hillsborough to Campbelton, be read the second time. Read 
the same a second time and rejected. 

On motion ordered the Bill for erecting in the Town of Hills- 
borough, in this Province a public Gaol and Gaolers house, for the 



188 COLONIAL RECORDS. 



-5 

Pistrict of Hillsborough, be read the second tiuie. Read the same 
a second time, amended passed, and ordei'ed to be sent to the 
Council. 

Sent by Col Nash and Col Cray. 

Then the House adjourned till tomorrow morning 10 "Clock. 

]Monday December 16"' 1771. 

The House met according to adjournment 

On motion ordered. The Bill for further enabling Francis Locke, 
Andrew Allison, Griffith Rutherford and William Temple Coles 
former Sheriffs of Rowan County to collect the Arrearages of Taxes, 
be read the third time. Read the same a third time, passed and 
ordered to be sent to the Council. 

Sent by Col Nash ^nd Col Cray. 

The Clerk of the Crown having Certified that JNIr William Person 
was duly Elected and returned a Representative for the County of 
Bute, in the room and stead of Mr Benjamin Person, deceased. 
Pursuant to which the said AVilliam Person appeared. 

John Burgwin Esquire, having laid before this House a State of 
the public Accounts, pursuant to a Resolve of the la.st session of 
Assembly, 

Then on motion Resolved, that the said .John Burgwin has done 
his duty therein, and that this Plouse is satisfied therewith. 

On motion Resolved, the present establishment of Fort Johnston 
be continued Twelve Months, and from thence to the end of the 
next session of Assembly. 

On motion ordered the following ]\lessage be sent to the Council, 

Gentlemen of His Majestys Hon"' Council, 

This House have Resolved that the present establishment of Fort 
Johnston be continued twelve months, and from thence to the end 
of the next session of Assembly, and desire your honors concurrence 
thereto. 

R. CASWELL, Speaker. 

Sent by Mr Davis and Mr Gray. 
Received from the Council the following Bills Alz' 
The Bill to alter the method of working upon the roads in the 
Counties therein mentioned. Endorsed, in the upper House, read 
the third time and passed. Ordered to be engrossed. 



COLONIAL RECORDS. 189 



The Bill to amend an Act, Intitled an Act for the Regulation of 
the Town of Wilmington. Endorsed in the upper House, read the 
third time and passed. Ordered to be engrcssed. 

The Hon"" Samuel Cornell and ALarmaduke Jones Esquire, two of 
His IMajesty's Council, came to the House, and Mr William Person, 
was qualified by taking the several Oaths by Law appointed for the 
qualification of Public Officers, and repeating and suljscribing the 
Test. 

Rec'' from the Council tlie following Bills. 

The Bill to Indemnify such persons as have acted in defence of 
Government, and for the jircservation of the jiublic peace of this 
Province, during the late Insurrection from vexatious suits and 
prosecutions. 

The Bill for enabling, Francis Locke, Andrew Allison, Griffith 
Rutherford and William Temple Coles former Sheriffs of Rowan 
County, to collect the Arrearages of Taxes. Endorsed, In the tapper 
House read the third time and passed. Ordered to be Engrossed, 

Also the Bill for erecting in the Town of Hillsborough a public 
gaol, and gaolers house, for the District of Hillsborough in this Prov- 
ince. Endorsed, In the Upper House, read the second time and 
passed. 

And the Resolve of this Plouse for the establishment of Fort 
Johnston, 

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, amended passed 
and sent to the Council. 

On motion ordered the Bill to discontinue the poll Tax of one 
shilling, and dutj' of 4'' per Gallon on rum, 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. 

On motion ordered the Bill to confirm the titles of such persons as 
have purchased Lands sold by Execution, under the Statute of the 
5'" of George II. Intitled an Act for the more easy recoverj^ of 
Debts in His Majesty's plantations and Colonies in America, be read 
the second time. Read the same a second time and rejected. 

On motion ordered the following Message be sent to His Excel- 
lency the Governor, Viz', 



190 COLONIAL RECORDS. 



To HIS Excellency Josiah Martin Esjuire, Captain C4eneral, 

Governor, &c% 
Sir, 

We herewith send your Excellency a Resolve of this House, 
reo-arding the present establishment of Fort Johnston, concurred 
with by His Majesty's Hon"' Council, and request your Excellency's 
assent thereto. R- CASWELL, Sp. 

Sent by Col Moore and Col Ormond. 

Rec" from the Council, the Bill for building a Court House in the 
Town of Salisbury, for the District of Salisbury. Endorsed, In the 
Upper House, read the third time and passed. Ordered to be 
Engrossed. 

On motion ordered the Bill for annexing part of the County of 
Rowan, to the County of Surry, be read a third time. Read the same 
a third time and rejected. 

Col Harvey moved for leave to present a Bill for imposing a Tax 
of one shilling proc. money ~1^ poll on Taxable persons within this 
Province, and for granting the money arising from such Tax to His 
Majesty, his Heirs and Successors, to be applied as herein after men- 
tioned, and for directing Sheriffs in the execution of their Office. 

Ordered he have leave accordingly. 

Col Harvey presented the said Bill which he read in his place 
and delivered in at the Table, where the same was again read, 
passed, and ordered to be sent to the Council. 

Sent by Col Ashe and Col Vail. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Tuesday December 17"' 177L 

The House met according to adjournment. 

On motion ordered, the Bill for Annexing part of Cumberland 
County to Chatham . County be road the second time. Read the 
same a second time, and rejected. 

On motion ordered, the Bill for erecting in the Town of Hills- 
borough a public gaol, and gaolers house, for the District of Hills- 
borough in this Province, be read a third time. Read the same a 
third time, amended, passed, and ordered to be sent to the Council. 

Sent by Mr M°Nair and Mr Person. 

On motion resolved that six hundred Copies of each of the Pub- 
lic Accounts, as settled by Mr Burgwin, be printel, and distributed 



COLONIAL RECORDS. 191 



in equal proportions to every County in this Province, by Auam 
Boyd ; that he perform this service in six months, from the rising of 
this present Assembly; and that he be allowed one hundred and 
seventy fh'e jDounds, and that the Treasurers or either of them joay 
him seventy five pounds immediately, in order to enable him to carry 
on the same; and the residue when he shall produce the Receii:)ts, 
from each Inferior Court Clerk, that the service is fully performed. 

Rec* from the Council the Bill for Imposing a Tax of one shilling 
proc money "^ poll, on all Taxable persons within this Province, and 
for granting the money raised from such Tax, to His Majesty, His 
Heirs and Successors, to be applied as hereinafter directed, and for 
directing Sheriffs in- the Execution of their Office. Endorsed, In 
the upper House, read the first time and passed. 

Rec* from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker axd Gentlemen of the House op Assembly, 

I return the Resolves of your House with the Concurrence of 
his Majestys Council, for continuing the Establishment of Fort 
Johnston, and for allowing the sum of fourteen pounds jiroclama- 
tion Money, to Edward Dunfield, with ray assent thereto. 

December 17"> 1771. ' JO. MARTIN. 

Also the Resolves of this House, the one for the present Estab- 
lishment of Fort Johnston, the other for allowing the sum of £14 
to Edward Dunfield. 

Rec'' from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the House of Assembly, 

I take this opportunitj^ to inform you that I yesterday received 
His Majesty's Royal Instructions, directing me to a{1|)oint Commis- 
sioners, to proceed jointly with Commissioners to be appointed by 
the Governor of South Carolina, continuing the Boundary line, run 
in the year 1763, as far as the Salisbury road from the said Salisbury 
road, where it now ends, along the .said road, to where it enters the 
Catawba Lands; from thence along the Southern, Eastern, and 
Northern Boundary of the said Lands, to where the Catawba River 
enters the said Lands, on the North ; from thence to follow the Mid- 
dle stream of that River, Northerlv to the Confluence of the Northern 



192 COLONIAL RECORDS. 



and Southern Branches thereof and from thence due 'W^e.st, until 
it reaches the Hne agreed upon with the Cherolvce Indians as a 
Boundary between their Country and the Settlement of His Majesty's 
Subjects. And His Majesty declares it to be his Royal Will, and 
pleasure, that the line Beginning at the Sea thirty miles distant from 
the mouth of Cape Fear River, on the South West thereof, following 
the direction in which it hath been already run out, and marked, 
as far as the said Salisbury road, near the Catawba Lands ; and as 
it is hereby directed to be continued from the station point on that 
road, to the Cherokee Line, in the manner above mentioned, shall 
be the final Boundary between the Provinces of North and South 
Carolina. In consequence hereof, I am to desire that, you will enable 
me to defray the expense of this Service. JO. MARTIN. 

On motion, ordered, the said Message lie on the Table for consid- 
eration. 

On motion, ordered the Bill for imposing a Tax of one Shilling 
proc. monej' ^ poll on all Taxable persons within this Province and 
for granting the money arising from such Tax to His Majesty, his 
Heirs and Successors, to be applied as hereinafter directed, be read the 
second time. Read the same a second time, amended, passed, and 
ordered to be sent to the Council. 

On motion ordered Mr Johnston have leave to absent himself 
from the service of this House. 

Then the House adjourned till 3 "Clock this afternoon. 

The House met according to xldjournment. 

On motion ordered, the Bill to amend an Act Intitled an Act, 
what Fences are sufficient, be read the second time. Read the 
same a second time, amended, pa.ssed, and oi'dered to be sent to the 
Council. 

Sent by Mr §vans and Mr M'Kinnie. 

Mr Ashe moved for leave to present a Bill to appoint Collectors of 
the Tax imposed by an Act, Intitled an Act, for imposing a Tax of 
one shilling proc. money "^ poll on all Taxable persons within this 
Province, and for granting the money arising from such Tax to His 
Majesty, his heirs and successors, to be applied as hereinafter directed. 

Ordered he have leave accordingly. 



COLONIAL RECORDS. 193 



Mr. Ashe pre.sented the said Bill which he road in his plaer, and 
delivered in at the Table, where tlae same was again road, passed 
and ordered to be sent to the Council. 

Sent by Evans and Mr M°Kinnie. 

Mr Dunn presented two Certificates from the Inferior Court of 
Guilford Count}'', therein recommending Randall INIiller and Walter 
Matthis, to be exempted from the payment of Public Taxes and 
doing public duties. 

Ordered they be exempt accordingly. 

Then the House Adjourned till Tomorrow Morning 10 "Clock. 

Wednesday December IS"' 1771. 

The House met according to adjournment. 

Mr Justice Moore moved for leave to present a Bill for striking 

Debenture Bills on Bank paper, to the amount of thousand 

pounds, proc. money, to be exchanged for all such Debenture and 
Tender Bills as may be in circulation in this Province. 

Ordered he have leave Accordingly. 

Mr Justice Moore presented the said Bill, which he read in his 
place, and delivered in at the Table, where the same was again read, 
passed, aad ordered to be sent to the Council. 

Sent by Mr Evans and Mr MTvinnie. 

Rec'* from the Council the following Bills, Viz', 

The Bill for further amending an Act, Intitled an Act, for the 
better regulation of ■ the Town of New Bern, and securing the Title 
of persons who hold lots in the said town. Endorsed, in the upper 
House, rea'd the first time and passed. 

The Bill to impower the Freeholders of the several Parishes 
therein mentioned to elect Vestries for their respective Parishes. 
Endorsed, In the upper liouse, read the third time and passed. 
Ordered to be engrossed. 

Rec* from the Council the Bill to amend an Act, Intitled an Act, 
what Fences are sufficient. Endorsed, In the upper House, read the 
second time, and passed with Amendments. 

On motion ordered, the Bill for granting to His JIajesty a dutj- 
on spirits for the purpose of amending the navigation of this 
Province 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 by Mr Thomson and Mr W" Person. 
VOL. IX — 1 3 



194 COLONIAL RECORDS. 



On motiou ordered the Bill to enable the Freeholders of the 
Parish of St John in the County of Pasquotank, to elect a Vestry, 
and provide for their poor, be read the third time. Read the same 
a third time, amended, passed, and ordered to be sent to the 
Council. 

Sent by Mr Macknight and ilr Woodhouse. 

Rec'' from the Council the Bill for striking Debenture Bills, on 

Bank paper to the amount of thousand pounds proc. monej', 

to be exchanged for all such debenture and Tender Bills as may be 
in circulation in this Province. Endorsed, In the upper House, 
read the first time, amended, and passed. 

Rec'' from the Council, the Bill to direct Sheriffs in the execution 
of their office. Endorsed, In the upper House, read the first time 
and passed. 

Rec'* from the Council the Bill for imposing a Tax of one shilling 
proc. money, on all Taxable persons within this Province, and for 
granting the money arising from such Tax to liis Majesty, his 
Heirs and Successors, to be applied as herein after directed. En- 
dorsed, In the upper House. Read the second time and passed. 

Mr Harnett from the Committee appointed for Adjusting, settling 
and allowing the accounts on the late expedition, reported that the 
said Committee had examined and allowed, sundry Claims, which 
he laid before the House. 

Ordered the same be read. Read the same. 

Then on motion ordered, the said Reports be concurred with by 
this House except the claims of sundry Persons for recpiisitions, 
which are laid over till next session of Assembly. 

Mr Dunn Chairman from the Committee of Public Claims, 
reported they had met and allowed sundry Claims which he laid 
before the House. Ordered the same be read. Read the same. 

Then on motion ordered that the House do concur with the said 
reports 

On motion ordered, that Mr Howell Edmunds and Mr Robert 
Lanier have leave to absent themselves from the service of this 
House, during the session. 

Tlien the House adjourned till tomorrow morning 10 "Clock. 

Thursday December 18'*' 1771 
The House met according to adjournment. 

On motion ordered, that Mr Thomas Hynes have leave to absent 
himself from the service of this House. 



COLONIAL RECORDS. 195 



Ou motion ordered, the Bill for further Amending an Act Intitled 
an Act, for the better regulation of the Town of New Bern, and for 
securing the Title of Persons who hold Lots in the said Town, be 
read the second time. Read the same a second time, amended," 
passed, and ordered to be sent to the Council. 

Sent by Mr Neale and Mr Shepard. 

On motion ordered the Bill for the more easy and effectual 
method of collecting the taxes, in the Counties therein mentioned, 
be read the second time. Read the same a second time, passed, and 
ordered to be sent to the Council. 

Sent by Mr Gray and Mr Campbell. 

On motion ordered, the Bill for the more easy and certain collec- 
tion of His Majestys Quitrents in this Province, be read the second 
time. Read the same a second time and rejected. 

On motion ordered the Bill to annex part of Dobbs County to Pitt 
County, be read the second time. Read the same a second time and 
rejected. 

The House taking into consideration the [account] of Mr Cor- 
nelius Harnett in the late Expedition against the Insurgents, and 
fully convinced of the great service rendered his Country by his 
zeal and activity therein. 

Resolved, That he be allowed one hundred pounds to de''ray the 
extraordinary expences he was at ia that service. 

On motion ordered the following Message be sent to the Council, 

Gentlemen of His Majestys Honble Council, 

This House taking into Consideration the conduct of Mr Cor- 
nelius Harnett, in the late Expedition against the Insurgents, and 
fully convinced of the great service rendered his Country, by his 
zeal and activity therein. 

Resolved, That he be allowed one hundred pounds to defray tlie 
extraordinary expences he was at in that service. 

R. CASWELL, Sp. 

Sent by Col. Moore and Mr Davis. 
Rec'' from the Council the following Bills, to wit. 
The Bill for laying out a Town on the land of Richard Evans, 
in Pitt County, by the name of Martinborough. Endorsed, In the 
upper House, read tlie tliird time and passed. Ordered to be 
engrossed. 



196 COLONIAL RECORDS. 



The Bill for granting to His Majesty a duty on spirits, for the 
purpose of Amending the Navigation of this Province. Endorsed, 
In the upper House, read the second time, amended and passed. 

On motion ordered the Bill to amend and continue an Act, 
Intitled an Act, to amend and continue an Act, Intitled an Act to 
establish Inferior Courts of pleas and quarter session's in the several 
Counties in this Province, passed at Wilmington in the 4"' year of 
the Reign of his present Majesty, be read the third time. Read 
the same a third time and rejected. 

Rec* from the Council the following Bills. 

Tlie Bill to enable the Freeholders of the Parish of Saint John, 
in the County of Pasquotank to elect a Vestry and provide for 
their poor. 

The Bill for erecting in the Town of Hillsborough, a public gaol, 
and gaolers house, for the District of Plillsborough in this Province. 
Endorsed, In the upper House read the third time and passed. 
Ordered to be Engrossed. 

:.And the Bill to discontinue the poll Tax of one shilling and 
4d ^gallon on rum, wine and other spiritous Liquors. Endorsed, 
In' the upper House, read the second time and passed. 

Mr Ashe informed the House that in December last two Warrants 
drawn by Governor Tryon in favour of Robert Howe Esq"' for dis- 
bursements, and pay for the Garrison of Fort Johnston, Dated in 
November and December last for fiTtj'' seven pounds thirteen shill- 
ings and four pence each, were presented to, and fully paid by him 
at that time, and that by some Accident, during his illness, were 
actually lost, which being fully proved to the House, Therefore. on 
motion ordered the said sums be by any future Committee of Pub-, 
lie Accounts allowed to Mr Ashe, in his accounts with the public. 

On motion Resolved, That the Resolve of the last session of 
Assembly, held at New Bern on the 5"" day of December 1770^ 
directing Richard Henderson Esquire, to pay the expense of the 
attendance of several Witnesses, who were called to the Bar of this 
Hous'e to give evidence against Thos. Person one of the Members 
thereof, on several charges of perjury and extortion, be rescinded, 
and expunged from the Journals of the House. 

On motion ordered, the Bill for imposing a Tax of one shilling 
proc. money "^ poll, on all Taxable persons within the Province, and 
for granting all money arising from such Tax to His Majestj', his 
Heirs and Successors, to be applied as herein after directed, be read 



COLONIAL RECORDS. 197 



the third time. Read the same a tliird time, amended, 2')assed, and 
ordered to be sent to the Council. 

Sent by Col. Harvey and Col Ashe. 

On motion ordered, the Bill for striking Debenture Bills, in Bank 
paper to the amount of one hundred and twenty thousand pounds 
proc. money, to be exchanged for all such Debenture and Tender 
Bills as may be in circulation in this Province, be read the second 
time. Read the same a second time, amended passed, and ordered 
to be sent to the Council. 

Sent by Col Haryey and Col Ashe. 

On motion ordered the Bill to direct Sheriffs in the execution of 
their office, be read the second time. Read the same a second time> 
passed, and ordered to be sent to the Council. 

Sent by Col Harvey and Col Ashe. 

On motion Resolved, That William Bourke, Adjutant of the 
Craven Detachment, be allowed the sum of twenty one pounds 
eleven shillings for a tent furnished himself and Ensign Robert 
Fenner, and a Bau't Horse, on the late expedition against the Insur- 
gents ; and that the Treasurers, or either of them, pay him the same, 
and be allowed in their accounts with the public. 

On motion ordered, the following message be sent to the Council, 

Gextlemex of PIi.s Majestys Hoxble Council, 

This House have Resolved, that William Bourke, Adjutant of the 
Craven Detachment be allowed the sum of twenty one pounds eleven 
shillings for a Tent furnished himself and Ensign, Robert Fenner, 
and also a Bau't Horse, on the late Expedition against the Insur- 
gents; and that the Treasurers or either of them, pay him the 
same, and be allowed in their accounts with the Public ; and desire 
your Honors concurrence thereto. R. CASWELL, Sp. 

Sent by Col Thomson and Major Blount. 

On motion, ordered, That Adam Boyd be allowed the sum of 
twenty shillings proc. money for printing and distributing 200 hand 
Bills, by order of His Excellenc}'^ Governor Tryon, respecting the 
Counterfeit Debenture Bills, and that the Treasurers or either of 
them pay him the same, and be allowed in their Accounts with the 
Public. 

On Motion Ordered, the following Message be sent to the Council, 



198 COLONIAL RECORDS. 



Gentlemen of His Majestys Honble Council, 

This House have Resolved that Adam Boyd be allowed the sum of 
twenty shillings proc. money for printing and distributing two hun- 
dred hand bills, by order of His Excellency Governor Tryon, Tespect- 
ing the Counterfeit Debenture Bills ; and that the Treasurers or 
either of them pay him the same, and be allowed in their accounts 
with the public, to which we desire your Honors concurrence. 

R. CASWELL, Sp. 

Sent by Col Thomson and Major Blount. 

On motion Resolved, That John Kennedy be allowed the sum of 
four pounds four shillings proc. money, for the Ferriage of the Car- 
teret Detachment across Trent River; and that the Treasurers, or 
either of them pay him the same, and be allowed in their accounts 
with the public. 

On motion ordered the following Message be sent to the Council, 

Gentlemen of His Majestys Honble Council, 

This House have Resolved, that John Kennedy be allowed the 
sum of four pounds four shillings, for the Ferriage of the Carteret 
Detacliment across Trent River ; and that the Treasurers, or either 
of them pay him the same, and be allowed in their Account 
with the public ; and desire your Plonors Concurrence thereto. 

R. CASWELL, Sp. 

Sent b}' Col Thomson and Major Blount. 

On motion Resolved, That Philenaon Hawkins be allowed the sum 
of three pounds fifteen shillings for his expenses in traveling to and 
attendance at, the last session of Asserablj', as an evidence against 
George Martin, and others, who were suspected of counterfeiting the 
Debenture Bills, and that the Treasurers, or either of them pay lam 
the same, and be allowed in their Accounts with the public. 

On motion. Ordered the following Jtlessage be sent to the Council, 

Gentlemen of His Majestys Honble Council, 

This House have Resolved, That Philemon Llawkins be allowed 
the sum of three pounds fifteen shillings for his expenses in Trav- 
eling to and attendance at, the last session of Assembly, as an 
evidence against George Martin and others, who were suspected of 
Counterfeiting the Debenture Bills ; and that the Treasurers or 



COLONIAL RECORDS. 199 



either of them, pay him tlie same and he allowed in tlieir accounts 
with the Public, to wliich we desire j'our Honors Concurrence. 

R. CASWELL Sp. 

Sent by Col Thomson and Major Blount. 

Mr Joseph Jones, one of the Members for the County of Pas- 
quotank appeared. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Friday December 20'" 1771. 

The House met according to adjournment, 

On motion, ordered Mr Robinson have leave to absent himself 
from the service of this House during this session. 

On motion ordered the Bill to amend an Act, Intitled an Act, 
wdiat fences are sufficient, be read the third time. Read the same a 
third time, amended, passed, and ordered to be sent to the Council. 

Sent by Mr W" Person and Mr William Moore. 

On motion ordered the Bill for altering the diviSing Lines 
between the Counties of Beaufort and Pitt, be read the third time. 
Read the same a third time and rejected. 

On motion ordered, Mr M'Swain have leave to absent liimself 
from the service of the House. 

Anne Bryan, Anne Ferguson, Elizabeth Harper, and Faithy Smith 
exhibited Petitions to the House, setting forth that each of their 
Husbands went out in the service of Government against the Insur- 
gents and were killed in the late Battle of Alamance; that they 
w^ere in very distressed circumstances with a number of small 
children, who by the loss of their Fathers, must without the 
Assistance of the Public, be reduced to extreme want, which fact 
having been made appear to the satisfaction of the House, thej' 
therefore Resolve that one hundred and fifty pounds be allowed 
to Anne Bryan, widow of Ensign Bryan, killed in the late 
battle, that Elizabeth Harper, Anne Ferguson, and Faithy Smith 
whose Husbands were also killed in the Battle be allowed 
one hundred pounds each ; which money .shall be paid into the 
Hands of a Trustee, and be by him ai^plied to the purchase of 
Slaves for the use of the said widows and children, and to no other 
purpose wdiatsoever; And this House do further Resolve that 
Richard Caswell Esquire be appointed Trustee to execute the 
purpose of tliis Resolve, and that he do report to the House his yvo- 
ceedings thereon. 



200 COLONIAL RECORDS. 



Ensign William Peyton exhibited his Petition to the House, set- 
ting forth that bj' the Wounds he received in the Battle of Alle- 
mauce, he was reduced to a very distressed situation; the House 
taking the same into consideration, Resolve, that the said Ensign 
William Peyton be allowed one hundred pounds and that the 
Treasurers or either of them, pay him the same, and be Allowed in 
their Accounts with the Public. 

On motion ordered the following jMessage be sent to the Council 

Gentlemen of His Majestys Hoxble CorxciL, 

Anne Bryan, Anne Ferguson, Elizabeth Harper, and Faithy 
Smith, exhibited Petitions to the House, setting forth that each of 
their Husbands went out in the service of Government against the 
Insurgents, and were killed in the late Battle of Alamance; that 
they were in very distressed circumstances, with a number of 
small Children, who by the loss of their Fathers must, without 
assistance of the Public be reduced to extreme want. Which facts 
having been made appear to the satisfaction of the House, they do 
therefore Resolve, that one hundred and fifty pounds be allowed to 
Anne Bryan, widow of Ensign Bryan killed in the late Battle, that 
Elizabeth Harper, Anne Ferguson and Faithy Smith, whose Hus- 
bands were also killed in the Battle be allowed one hundred pounds 
each, which money shall be paid into the Hands of a Trustee, and be by 
him applied to the purcliase of slaves for the use of the said Wid- 
ows and Children, and to ijo other purpose whatsoever. And the 
House do further Resolve, that Richard Caswell Esquire be appointed 
Trustee to Execute the purpose of this Resolve, and that he do 
report to the House his proceedings thereon; to which we desire 
your Honors Concurrence. 

R. CASWELL, Sp. . 

On Motion, Ordered the following ^Message be sent to the Council, 

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

Ensign William Peyton, exhibited his Petition to the House, set- 
ting forth that by the Wounds he received in the Battle of Alamance, 
he was reduced to a very distressed situation. The House taking the 
same into consideration. Resolve, that the said Ensign William Pey- 
ton be allowed one hundred pounds, and that the Treasurers or 



COLONIAL RECORDS. 201 



either of them, pay hiin the same, and Ije allowed in their Accounts 
with the Public ; to wliich we desire your Honors Concurrence. 

R. CASWELL, Sp. 

On motion Resolved, that the officers on the late Expedition 
against the Insurgents who have any Arms, Ammunition, Tents, or 
other stores in their possession, do sell and dispose, of the same at 
public vendue, and account for the monies arising from such sale 
with tlie Treasurers of their respective Districts to be applied to the 
contingent fund. 

On motion ordered the Bill to amend an Act, Intitled an Act 
for regulating the several officers fees within this Province and 
ascertaining the method of paying the same, be read the third 
time. Read the same a third time, passed, and ordered to be sent 
to the Council. 

Sent by Mr Rutherford and Mr Hardy. 

On motion, ordered the P>ill for granting to His Majesty a duty 
on Spirits for the purpose of amending the Navigation of this 
Province and other purposes, be read the third time. Read the 
same a third time, and ordered to lie on the Table till next Session 
of Assembly. 

On motion ordered the Bill to discontinue the poll Tax of one 
shilling and duty of 4d "^ gallon on wine, rum, and other spiritous 
Liquors be read the third time. Read the same a third time, 
passed, and ordered to be sent to the Council. 

Sent b}'' Mr Ormond and Mr Dickson. 

Rec* from His Excellency the Governor the following Messages, 
to wit, 

Mr Speaker and Gentlemex of.tpie House of Assembly, 

It appearing by the state of the public Accounts, now lying 
before your House, that there is now in the hands of the Collectors 
of Public Taxes, a vast Aj-rearage, due to the several funds, and 
that the proclamation money now in circulation ought before this 
time to have been sunk, I most earnestly recommend to you, to 
consider of effectual means to enforce immediate payment thereof, 
as essential to the preservation of the iiulilie Credit of this Colony. 

JO. MARTIN ^ 



202 COLONIAL RECORDS. 



Mr Speaker and Gentlemen of the House of Assembly, 

I am commanded by his Majesty to communicate to you, his 
royal Listruction thereto subjoined, and to desire that it may be 
entered on j'our Journals. 

" Whereas several Inconveniences have arisen to our Government 
in the plantations by gifts and presents made to the Governors by 
the General Assemblies: for prevention thereof, for the future, it is 
our express will and pleasure that neither you, our Governor, nor 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 any Law, or Act, 
for any Gift, or Present, to be made to you or them, by the Assem- 
bly ; and that neither you nor they do receive any gift or present 
from the Assembh', or others, on any Account or in any manner 
whatsoever, upon pain of our highest displeasure, and of being 
recalled from that our Government." 

JO. MARTIN. 
December 19* 1771. 

Rec'' from the Council the following Message. 

Mr Speaker and Gentlemen of the House of Assembly, 

This House has observed with pleasure the attention whicli you 
have shewn to the merit and good services of Mr Harnett, on the 
late Expedition against the Insurgents. The same sentiments 
operate with equal vigour on our minds, in favour of the Hon^'° 
Samuel Cornell Esquire, who not onlj' distinguished himself by his 
personal behaviour, but by a very active and useful conduct, at a 
ver}' considerable expence, and by advancing very large sums of 
monies, has greatly contributed to the progress and success of that 
Expedition. We therefore propose to your consideration tlie mak- 
ing some adequate allowance to that Gentleman. 
Also the following Message. 

On reading a third time the Bill to amend an Act, Intitled an Act 
for regulating the Pilotage of Cape Fear River, and other Purposes, 
We observe you have steted those clauses giving power to the Captain 
of Fort Johnston, or his deputy, to swear Masters of A^essels relative 
to throwing out their Ballast. This power is already vested by Law 
in the collector of port Brunswick. If j'ou are of opinion the former 
Oatli is insufficient, we will, as an amendment, to that Law, insert in 



COLONIAL RECORDS. 203 



the Bill before us the following Oath, to be administered by Collec- 
tor or his Deputj". If you agree to such amendment please send 
two of your Memljers to sec the Alteration made. 

Form of Oath. . 
I, A B, do solemnly swear that I have not, nor will I, directly or 
indirectly, cause or suffer any kind of Ballast brought in my ^^essel 
to be thrown into any part of the Channel of Cape Fear River, but 
that the same shall be landed, or thrown entirely above low water 
mark. So help me God. 

Rec* from the Council the following Message, to wi^t, 

Mr Speaker and Gentlemen- of the Assembly, 

As a Bill, Intitled, "A Bill for imposing a Tax of two shillings 
proc. money "^ poll, on all Taxable persons within this Province " 
has for its declared object the payment of the Expence incurred in 
the late necessary expedition against the Insurgents, this House con- 
ceives that the sum to be issued by this Act, should nearly square 
with the amount of that expence, and that such amount should 
appear in the preamble, as the justification of passing such a Bill. 
It seems also necessary that the form of the Debenture Bill should 
be prescribed in the Bill. We propose it thus. 

The Province of North Carolina is Indebted to the possessor 

hereof proc. money, to be paid out of the Public Treasury 

according to Act of Assembly, passed December 1771. To which 
alterations if your House agree, please send some of your members 
to see them inserted in the Bill. 

Rec'* from the Council the following Resolves of this House, towit. 

For allowing Cornelius Harnett Esquire one hundred pounds, 
Adam Boyd one hundred and seventy five pounds, William Bourke 
twenty one pounds eleven shillings, Philemon Hawkins three pounds 
fifteen shillings, John Kennedy four pounds four shillings, and 
Adam Boyd twenty shillings. 

On Motion Ordered the following Message be sent to his Excel- 
lency the Governor, toAvit, 

To His Excellency Josiaii INIartin Esquire, Cartain General 

Governor etc" 
Sir, 

Tliis House send vou their Resolves for allowing Cornelius Har- 



204 COLONIAL RECORDS. 



nett Esq" the sum of one hundred pounds, Adam Boyd one hundred 
and seventy-five pounds, John Kenned}' four pounds four shillings, 
Philemon Hawkins three pounds fifteen shillings, William Bourke 
twenty one pounds eleven shillings, and Adam Boyd twenty shill- 
ings. Concurred with bj^ His Majesty's LLjn'''° Council, and request- 
your Excellency's assent thereto. R. CASWELL, Sp. 

Sent by Col Nash and Col Ormond. 

Rec"" from the Council the following message, 

Mk Speaker and Gkxtlemex of the Assembly, 

On reading a third time, The Bill to amend an Act, Intitled an 
Act, what fences are sufiicient, We would observe to you that it is 
necessary the Title of the said Bill should correspoiid with the sub- 
stance of the Amendment, and we would ^Iso propose that the 
County of Duplin be struck out of the Bill ; to which if you agree, 
please send some of your Members to see the same done. 

On motion ordered the following message be sent to the Council, 

Gextlemen of His JL^jestys Hoxble Couxcil, 

This Llouse cannot agree to the alterations proposed by you in 
the Pilotage Bill, because the Master of the Vessel may possibly 
commit the offence, endeavoured to be guarded against by that 
Law, before his arrival at the Custom House ; therefore you will 
pass the Bill as it went from this House. 

R. CASWELL, Sp. 

On motion Resolved that Fearnaught Bea.?ley, whose son was 
killed in the Battle of Alamance, and ujDon whose Industry she had 
subsisted, being too old and infirm to get her living be allowed ten 
pounds '^ year, and that the Treasurers, or either of them, pny her 
the sum yearly, and be allowed in their Accounts. with the Public. 

On motion ordered the following message be sent to the Council, 

Gextlemex of His Majestys Hoxble Couxcil, 

This House have Resolved that Fearnaught Beasley, whose son 
was killed in the Battle of Alamance, and upon whose Industry she 
had subsisted, being too old and infirm to get her living, be allowed 
ten pounds ^jS year; and that the Treasurers, or either of them pay 



COLONIAL RECORDS. 205 



her the same yearly, and be allowed in their Accounts with the 
Public; And desire your Honors Concurrence thereto. 

R. CASWELL Si.eaker 

On motion Resolved, That the Hon'"'" John Rutherford Esc^uire 
j^dvocate General be allowed the same sum that Le-wis Henry 
DeRosset was, per Report of the Committee of Accounts, including 
the sum allowed him by said Committee. 

On motion. Ordered the following Message be sent to the Council, 

Gentlemen of His j\La.jestys Honble Council, 

This House Ixave Resolved that John Rutherford Esc|uire Advo- 
cate General, be allowed the same sum that Lewis Henry DeRosset 
was, '^ rej^ort of the Committee of Accounts including the Sum 
allowed him by the said Committee, and desire your Honors Con- 
currence thereto. R. CASWELL, Speaker. 

On motion, ordered, the following Message be sent to the Council, 

Gentlemen of His Majestys Honble Council, 

This House cannot agree to the allowance proposed to be made to 
the Hon''" Samuel Cornell Esquire, though thoroughly convinced of 
his merit and activity in the late Expedition. The allowance to 
j\Ir Harnett, was made, not only because his services entitled him to 
the notice of this House, but in consideration of his not having been 
in any office or employment from which he could possibly derive 
anv Compensation for the great expence he was at in that Expe- 
dition. 

On motion, the following Message be sent to the Council, 

. Gentlemen of His Majesty's Honble Council, 

On reading your Message relative to the Fence Bill, We agree to 
the Alteration of the Title of the Bill so as to make it correspond 
to the Amendments, but cannot Consent to striking Duplin County 
out of the said Bill ; and send Mr Neale and Mr Gray, two of the 
Members of this House, to see the same made. 

R. CASWELL, Speaker. 

On Motion Ordered the following Message be sent to the Council, 



206 COLONIAL RECORDS. 



Gentlemen of His Majestys Honble Council, 

This House having taken into consideration the distressed situation 
of Thomas Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James 
Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, 
Sweeting Bond, William Fullerton, Charles Yeates, Thomas Tortle, 
James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John 
Nevil, AVilliam Lunsdale, Thomas Carsely, William Gilbert, Thomas 
Clark, William Hescock, Soldiers who were wounded in the late 
Battle with the Insurgents, and in all probability will be cripples 
for life, do therefore, Resolve, That Thomas Garish, Moses Griffin, 
Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles 
Harrington, Christopher Acklin, Sweeting Bond, William Fullerton 
and Charles Yeates, be allowed twenty pounds ^ annum each, and 
that Thomas Tortle, JameS Nelson, John Strange, Thomas Bryan, 
Benjamin Clash, John Nevil, William Lunsdale, and Thomas Carsley, 
be allowed fifteen pounds ^ year each, and that William Gilbert, 
Thomas Clark, and AVilliam Hescock, be allowed ten pounds '^ year 
each, during the time they shall continue disabled, and that the 
Public Treasurers for the time being, or either of them, do pay to the 
said persons annually the said sums above specified, provided they 
once a year produce Certificates from the Inferior Court of the 
County where they reside, that they still continue disabled, and are 
proper objects of Public Bounty; and desire your Honors Concur- 
rence thereto. 1!. CASWELL, Speaker. 

On motion Resolved, That the Committee of Correspondence, 
write to Henry Eustace M°Culloh Esquire agent for this Province 
and express their approbation of his good Conduct, Zeal and 
Activity, in the service of this Colony. 

Rec'' from the Council the following Bills, ..towit, 
The Bill to direct Sheriffs in the Execution of their Office, 
The Bill for striking Debenture Bills, to the amouat of £120,000 
proclamation money to be exchanged for all such Debenture and 
Tender Bills as may be in circulation in this Province. 

The Bill for further amending an Act, Intitled an Act, for the 
better Regulation of tlie Town of New Bern, and for securing the 
Titles of Persons who hold lots in the said Town. Endorsed, In the 
upper House, read the second time and passed. 

On motion ordered the Bill for striking Debenture Bills, on Bank 
Paper to the amount of £120,000 ttc", be read the third time. Read 



COLONIAL RECORDS. 207 



tlie same a tliird time, amended jiassed and ordered to be sent to the 
Council. 

On motion ordered, The Bill to direct Sheriffs in the E.xecution of 
their office, be read the third time. Read the same a third time, 
amended, passed and ordered to be sent to the Council. 

Sent the said two Bills by Col Harvey and Col Ashe. 

Rec'' from the Council the Bill to amend an Act, Intitled an Act, 
for Regulating the several officers fees, within this .province, and 
Ascertaining the Method of paying the same. Endorsed, In the 
upper House, read the third time and passed. Ordered to be 
Engrossed. 

On motion, ordered The Bill fur further amending an .\.ct Intitled 
an Act for the better Regulation of the Town of New Bern &c°- be 
read the third time. Read the same a third time, passed, and 
ordered to be sent to the Council. 

Sent by Ml" Neale and Mr Gray. 

On motion, ordered the Bill for appointing an agent Ac" be read a 
third time. Read the same a third time, amended, passed and 
ordered to be sent to the Council. 

Sent by Mr Neale and Mr Gray. 

Rec* from the Council the Bill for imposing, a Tax of two sliillings 
proc. money "§ poll, on all taxable persons within this Province, and 
"for granting the money arising from such Tax to His Majesty &c". 
Endorsed, In the upper House, read the third time, and pa.s.sed. 
Ordered to be Engrossed. 

On motion. Resolved, That Christopher Grants of Orange Countv, 
be allowed two pounds eleven shillings for provisions furnished 
Cap' Harris's Company, Called in to protect the Court at Hills- 
borough in 1768. 

On Motion ordered tlie following Message be sent to the Council, 
to wit. 

Gentlemen of His Majestys Hon'''° Council, 

This House have Resolved that Christopher Grants, of Orange 
County be allowed two pounds eleven shillings for provisions fur- 
nished Captain Harris's Company, Called in to protect the Court at 
Hillsborough in 17GS, and desire your Honor's Concurrence thereto 

R. CASWELL, Sp. 

Then the House adjourned 'till tomorrow morning 10 'Clock. 



208 COLONIAL RECORDS. 



Saturday December 21^' 177L 

The House met according to adjourument. 

On motion Resolved, that Enoch Bradlej^ and John Pain, who 
attended as Witnesses last Session of Assembh^ against Thomas 
Person, one of the Members of this House, who was accused of 
perjurj^, extortion &c" be allowed the sum of five pounds each, and 
that the Treasurers or either of them, pa}' them the same, and be 
allowed in' their Accounts with the Puljlic. 

On motion ordered the following Message be sent to the Council. 

Gentlemen of his Majestys Honble Council, 

This House have Resolved that Enoch Bradley and .John Pain, 
who attended as Witnesses last session of Assembly, against Thomas 
Person, one of the Members of this House, who was accused of 
perjury, extortion Ac" be allowed the sum of five pounds each, and 
that the Treasurers or either of them pay the same, and be allowed 
in their Accounts with the Public: and desire j'our Honors Con- 
currence thereto. R. CASWELL, Sp. 

Rec'' from the Council the following Bills, towit 

A Bill to amend an Act, Intitled an Act, what fences are sufficient 
and to amend and continue an Act, relating to taking up stray 
horses. 

A Bill, for appointing an agent, to solicit the affairs of this 
province at the several Boards in England. 

A Bill further amending an Act, Intitled an Act, for the better 
Regulation of the Town of New Bern, and for securing the titles 
of Persons who hold lots in the said Town. 

A Bill for striking Debenture Bills, on Bank paper to the amount 
of £120,000 proc Money, to be exchanged for all such Debenture 
and Tender Bills as may be in Circulation in this Province. 
Endorsed, In the upper House, read the third time and passed. 
Ordered to be engrossed. 

Rec'' from the Council the Bill to Discontinue the poll Tax of 
one shilling and duty of 4d "§ gallon on rum, wine, and otlier 
spiritous Licpiors. Endorsed, In the upper House read the third 
time and passed. 

On motion Resolved, that the Committee of Correspondence 
instruct the Agent to solicit permission to import Portugal and 
Spanish Salt into this Province; that the Speaker write to the 



COLONIAL RECORDS. 209 



Speaker of the House of Burgesses of ^''irginia, to desire that they 
will direct their ugent to use his Interest for tlie same purpose; and 
that his Excellency the Governor be requested to use his interest in 
support of the agent of this Province. 

On motion ordered the following message be sent to the Council, 

Gentlemen of His Majesty's Hon'''° Council, 

This House have Resolved that the Committee of Correspondance 
Instruct the Agent to soUicit permission to imjjort Portugal and 
Spanish- Salt, into this Province; That the Speaker write to the 
Speaker of the House of Burgesses of Virginia, to desire they would 
direct their Agent to use his Interest for the same purpose, and that 
his Excellency the Governor be requested to use his Interest in sup- 
port of the Agent of this Province; and desire your Honors concur- 
rence thereto. . R. CASWELL, Sp. 

Sent by Mr J\lacknight and Mr Hewes. 
Rec'' from the Council the following message, 

Mr Speaker and Gentlemen of the Assembly, 

This House adheres to the 2:)ropriety of altering the Pilotage Bill, 
in respect to the Master of the vessels being Sworn only at the Cus- 
tom House The mere possibilitj'- of throwing out Ballast below the 
Custom House, is so far removed from j^robability, that this House 
cannot agree to the Oath being administered by only a Deput}' to the 
Captain of the Fort. The passing the Bill in this House depends 
on the Alteration proposed. 

On motion Resolved, the foUoAving message be sent to the Council, 

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

In answer to your message regarding the Pilotage Bill, this House 
do concur with the alteration bj' you proposed, and send Mr Harnett 
and Mr Hewes to see the same made. 

R. CAS\\'ELL, Sp. 

This House being informed that the Hon"''° Richard Henderson 

Esquire, did actually set out on his journey to attend the Superior 

Court at Edenton, in October 1770, as one of the Associate Justices 

of that Court ; but receiving orders from Governor Tryou to raise 

VOL. IX — 14 



210 COLONIAL RECORDS. 



the Militia, to oppose the Insurgents, in conapliance witli whicli he 
was jirevented from attending the said Court. 

On motion Resolved, that Richard Henderson be allowed forty 
one pounds thirteen shillings and four pence, in Lieu of the sum he 
would have been intitled to by Law, had he attended the' said Court. 

On motion ordered the following message be sent to the Council, 

Gentlemen op His M.4jesty's Hon"' Council, 

This House being informed that the Hon"" Richard Henderson 
Esq' did actually set out on his journey to attend the Superior Court 
at Edenton in October 1770, as one of the Associate Justices of that 
Court, but receiving orders from Governor Tryon to raise the Militia 
to oppose the Insurgents, in compliance with which he was prevented 
from attending the said Court, Therefore this House have Resolved, 
That the said Richard Henderson be allowed forty one pounds thir- 
teen shillings and four pence in Lieu of the sum he would have 
been entitled to, by Law, had he attended the said Court; and desire 
your Honors concurrence thereto. 

R. CASWELL, Sp. 

On motion Resolved, tliat the Hon"" .James Hascll Esquire be 
allowed the sum of Two hundred pounds to defray his expences 
during the time he was in the service of this Province. 

On motion, ordered, the following Message be sent to the Council, 

Gentlemen of His Majesty's Hon"° Council, 

This House have Resolved that the Hon"* James Hasell Esquire 
be allowed the .sum of two hundred pounds to defray his expences 
during the time he was in the service of this Province, to which we 
desire your Honors concurrence. R. CASWELL, Sp. 

Rec** from the Council the Bill to amend an Act, Intitled an Act, 
for regulating the Pilotage of Cape Fear River, and other purposes. 
Endorsed, In the upper House, read the third time and passed. 
Ordered to be engrossed. 

Rec'' from the Council the reports of the Committee of Claims 
and also the Reports of the select Committee for Adjusting, settling, 
and allowing the Accounts on the late Expedition. Both concurred 
with. 



COLONIAL RECORDS. 211 



On motion Resolved, that the Commissioners for emitting the sum 
of sixty thousand pounds, shall pay into the hands of the Southern 
Treasurer, or his order the sum of thirty five thousand pounds, and to 
the Northern Treasurer or his order, the sum of twenty five thousand 
pounds, and their receipts for the said respective sums shall be suf- 
ficient to discharge the said Commissioners of the same. 

On motion, Ordered the following Message be sent to His Excel- 
lency the Governor Viz' 

To His Excellency Josiah Martix Esquire, Captain General, 

Governor cfec", 
Sir, 

This House having taken into consideration your Excellency's 
Message relative to His Majestys royal Instructions, to appoint Com- 
missioners to proceed jointl}' with those appointed by the Governor 
of South Carolina, to run the Boundary line, between the two 
Provinces, in manner therein discribed, and under great concern at 
the injury that the line, when so run must do this Province. Lord 
Charles Greville Montague laid before Governor Tryon the plan 
which he Avished to have adopted. It met with his approbation and 
when laid before the Assembly, was by them thought so highly 
injurious to this Colony, that they addressed Governor Tryon to use 
his uttermost Influence against it; but before application could be 
made, in consequence vf that address, Lord Charles had got to 
England, and by the Advantages of personal application and 
influence, obtained his purpose. We have now Sir, no redress, but 
by application to our most Gi-acious Soverign, who, equally attentive 
to the Interest of all his Colonies, will extencl to us, that relief which 
the Justice of our complaint, we are persuaded, intitles us to. 

Permit us through you Sir, to make it known to his Majesty that 
should this line be carried into execution it would do the highest 
injury to this Province; as it would deprive us of a great many 
useful Inhabitants, by Law and Custom ingrafted into its Consti- 
tution, counteract a number of its established Laws, and take from 
us a great Tract of A'aluable Land, now possessed under patents, 
issued by his Majesty's Governors of North Carolina. 

It would likewise cit off all Communication and Commerce 
between the people of this Country and the Western Indians, by 
leaving nothing but a Tract of barren and impassable Mountains 
between them, defraud this Province of several thousand pounds 



212 COLONIAL RECORDS. 



laid out ill running the Western line, which will b)' this plan be 
taken into South Carolina. In short, should this plan take place, 
such numberless injuries, and such great injustice would accrue to 
this Province, that we cannot but think it our indispensable duty to 
take the most effectual means to obtain of our most Gracious Sov- 
ereign that this line may not be made a permanent one, but that he 
would be graciously pleased to j^ermit the Line already run, at so 
great an expence to this Colony remain the dividing line between 
the two Provinces, And as we conceive your Excellency's exerting 
your Influence in behalf of this Province one of the most effectual 
methods to obtain this desirable end, permit us Sir to solicit you to 
laj' this matter, in its proper light, before our most Gracious Sover- 
eign; .while we also strenuously endeavour by every other method 
in our Power to obtain this favour of our Gracious Sovereign. 
This Province Sir, having already paid several thousand pounds, 
which however we chearfally bestowed, in hopes of establishing a 
line so equitable in our opinions as that already run, cannot in the 
destressed situation of this Country, burthen our Constituents with 
any further expence to establish a line which, we conceive, would 
be highly injurious to the Colony. We hope your Excellency will 
do us the Justice to believe that this alone prevents our Complying 
with your request, which we otherwise should take pleasure in 
doing. 

On motion, ordered that Mr Howe, Mr Harnett, and Mr Maurice 
Moore, be appointed a Committee to prepare an Address to his 
Majesty on the subject of the said boundary line. 

On motion. Resolved that Daniel Pegram and Thomas Garrish 
be allowed twenty four pounds each for payment of .sundry expences 
incurred by them while they were disabled by wounds received in 
the Battle of Alamance. 

On motion ordered the following Message be sent to the Council, 

Gextlemen of His ]Majestys Hon"' Council, 

This House have Resolved that Daniel Pegram and Tho' Garrish 
be allowed twentj'' four pounds each, for payment of sundry expences 
incurred by them while they were disabled by wounds received in 
the Battle of Alamance, and desire your Honors concurrence thereto. 

R. CASWELL, Sp. 

Sent by Col Eaton and Col Thomson. 



COLONIAL RECORDS. 213 



On motion Resolved, that a Committee be appointed to draw up 
an Address to his Majesty, the Lords and Commons of Great Britain, 
setting forth that this House, ever ready to support his Majestys 
Honour and dignity, have with spirit and liberality, fallen upon a 
method to pay the great expence of the late Expedition against the 
Insurgents, in support of His Majesty's Government, but being 
restricted from emitting a paper currency, so as to be a Legal Tender 
in payment of Debts, the only Method they could in the distressed 
situation of the country fall upon, was by stamping Debenture Bills, 
as a Temporary expedient chargeable on the Public Treasury of 
this Province. 

But as this Expedient is attended with great Inconvenience to the 
Public, and those Individuals who are to i-eceive them may Suffer 
injury from their Depreciation, and as such Individuals are those 
who have, at the Hazard of their lives stood forth in support of his 
Majesty's Government and the Constitution of this Colony, to pray 
that in con.sideration of these People, as well as of the situation of 
this Province labouring. under the greatest distress for want of a 
Currency, the Act of Parliament against issuing a paper Currency, 
may be repealed, as far at least as respects this Colony; and that in 
the address the Committee set forth that the House will frame this 
Law, so as to prevent British creditors from suffering, should such 
currency depreciate in value. And Mr Howe, Mr Harnett and Mr 
Maurice Moore, are appointed a Committee accordingly. 

Rec'^ from the Council the follow Resolves. 

£ 

For allowing James Ha.sell Esquire 200 

Richard Henderson Esquire 41 

"William Peyton £100. Fearnaught Beasley 10 

Enoch Bradley and John Pain each 5 

And Christopher Grants 2 

The Resolve of this House allowing Thomas Garish, Moses GrifRn, 
Daniel Pegram, Isaac Reed, James Hall, Tho' Kilpatrick, Charles 
Harrington, Christopher Acklin, Sweeting Bond, "William Fullerton, 
and Charles Yeates, twenty pounds "^ annum, and Thomas Tortle, 
James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John 
Nevil, "William Lunsdale, and Thomas Carsely, be allowed fifteen 



s. 


d. 








13 


4 














11 






214 COLONIAL RECORDS. 



pounds ^ year each, and that William Gilbert, Thomas Clarke, and 
William Hescock, be allowed ten pounds "^ year each. 

The Resolve of this House for allowing Anne Bryan, £150, Eliza- 
beth Harper, Anne Ferguson and Faithy Smith £100 each. 

The Resolve of this House respecting the Committee of Corres- 
pondence directing the Agent to soUicit permission to import Portu- 
gal and Spanish Salt. 

The Resolve allowing John Rutherford Esquire, the same sum 
that Lewis Henry DeRosset was ^ report of the select Committee of 
Accounts, including the sum allowed him by the said Committee. 

On motion ordered, the following Message be sent to His Excel- 
lency Governor, &c. 

To HIS Excellency Josiah Martin Esquire, Captain General, 

Governor &c, 
Sir, 

We herewith send your Excellency Resolves of this House for 
allowing the Plon"" James Hasell Esquire two hundred pounds 
_ Richard Henderson Esquire forty one pounds, thirteen shillings and 
four pence, William Peyton one hundred pounds, Enoch Bradley 
and John Pain five pounds each, Christopher Grants two pounds 
eleven shillings, Thomes Garish, Moses Griffin, Daniel Pegram, 
Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, 
Christopher Acklin, Sweeting Bond, William Fullerton and Charles 
Yeates wounded soldiers in the late Battle twenty pounds f? annum 
each, Thomas Tortle, James Nelson, John Sti'ange, Thomas Bryan, 
Benjamin Clash, John Nevil, William Lunsdale, and Thomas Car- 
sely, wounded soldiers, fifteen pounds "^ 3'ear each, William Gilbert, 
Thomas Clarke and William Hescock wounded soldiers ten pounds 
1^ year each, Anne Bryan one hundred and fifty pounds Elizabeth 
Harper, Anne Ferguson and Faithy Smith one hundred pounds 
each, Fearnaught Beasley ten pounds ^ year, and John Rutherford 
Esquire the same sum that Lewis Henry DeRosset Esq' was allowed 
■^ report of the Committee of Accounts including the sum allowed 
him by the said Committee; to which his Majesty's Honorable 
Council have concurred with and request your Excellency's assent 
thereto. " R. CASWELL, Sp. 

Then the House adjourned till Monday morning 10 "Clock. 



COLONIAL RECORDS. 215 



Monday December 23'"' 177L 

.The House met according to adjournment 

Rec'' from the Council the Resolve of this House, allowing Daniel 
Pegram and Thomas Garish twenty four pounds each. 

On motion ordered the following message be sent to His Excel- 
lency the Governor, 

To His Excellency, .Josiah Maktix Esquire Caftain General, 

Governor etc" 
Sir, 

We herewith send your Excellency a Resolve of this House allow- 
ing Daniel Pegram and Thomas Garish twenty four pounds each 
concurred with by His Majesty's Hon"" Council and request j-our 
Excellency's assent thereto. R. CASWELL, Sp. 

On motion Resolved, that the Reverent James Reed be requested 
to publish the Sermon he preached yesterday, and that he be allowed 
ten pounds ta defra}' the expenses of printing the same. 

On motion, ordered, the following Message be sent to the Council, 

Gentlemen op His I\Lvjestys Hoxble Council, 

This House have Resolved, that the Rev'' James Reed be requested 
to publish the Sermon he preached 3'esterday at the Church in New 
Bern, that he be allow'ed ten pounds to defray the expense of print- 
ing the same, and that the Treasurers, or either of them, pay him 
the same, and be allowed in their accounts with the public; to 
which we desire jouv Honors Concurrence. 

R. CASWELL, Sp. 

On motion ordered the following Message be sent to His Excel- 
lency the Governor, to wit. 

To his Excellency Josiah Martin Esquire Captain Genekal, 

Governor, etc", 
Sir, 

This House have Resolved that the Committee of Correspondance 
instruct the Agent to solicit permission to import Portugal and 
Spanish Salt into this Province; and that the Speaker write to the 
Speaker of the House of Burgesses of Virginia, to desire thej' would 
direct their Agent to use his Literest for the same purpose, to which 



216 COLONIAL RECORDS. 



the Council have concurred. This House therefore request your 
Excellencys assent thereto, and that you will use j^our Interest in 
support of the Agent for this Province therein. 

R. CASWELL, Sp. 

Sent by Mr Macknight and Mr Shepard. 

Rec"* from the Council the Resolve of this House, allowing Rev- 
erend James Reed ten pounds. 

On motion oi'dered, the following Message be sent to His Excel- 
lency the Governor, 

To HIS Excellency Jobiah Martin Esquike, Captain General, 

Governor, cfec". 
Sir, 

We herewith send your Excellency a Resolve of this House, 
for allowing the Reverend James Reed ten pounds, Concurred with 
by His Majesty's Lion"" Council, and request your Excellency's 
Assent thereto. R. CASWELL, Sp. 

Sent by Mr Macknight and Mr Shepard. 

On motion Resolved, that .James Barzie be allowed the sum of 
Twenty five pounds for repairing and fixing the Artillery for the 
Army, making Cartridges, Bags of grape shot for the swivel guns, 
and field pieces; and that the Treasurers, or either of them pay 
him the same, and be allowed in their accounts with the Public. 

On motion ordered the following Message be sent to the Council, 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that James Barzie be allowed the 
sum of twenty five pounds for repairing and fixing the Artillery 
for the Army, making Cartridges, bags of grape shot for the _ swivel 
guns and field pieces; and that the Treasurers, or either of them 
paj' him the same, and be allowed in their Accounts witli the Pub- 
lic; and desire your Honors Concurrence thereto. 

R. CASWELL, Sp. 

On motion ordered tlie following Message Ije sent to His Excel- 
lency the Governor, 



COLONIAL RECORDS. 217 



To His Excellenx'y Josiah Martin Esquire, Captaix General, 

Governor, &c^ 
Sir, 

In answer to your Excellency's Message relative to the Arrear- 
ages in the hands of the Collectors of Public Taxes, we are to 
inform you the strictest orders have been given to the Treasurers to 
sue for such sums as are due, and to use their utmost endeavors to 
recover the same ; so that we have not the least doubt but such 
Arrears will be immediately paid in. 

R. CASWELL, Sp. 

On motion Resolved that Robert Campbell, Deputy Adjutant 
General, be allowed fifteen pounds for extra services in the late 
Expedition against the Insurgents. 

On motion ordered the following Message be sent to the Council, 

Gentlemen op His Ma.iestys Honble Council, 

This House have Resolved that Robert Campbell, Deputy Adju- 
tant General, be allowed fifteen jwunds for extra services in the late 
Expedition against the Insurgents, and desire your Honors Con- 
currence thereto. R. CASWELL, Sp. 

Sent by Capt Neale and Mr M'Kinnie. 

Rec* from the Council the estimate of the expence of that House 
which was read and Concurred with. 

Rec'' from the Council the estimate of this House Concurred with_ 

Also the Resolve of this House for allowing James Barzie twenty 
five pounds. Concurred with. 

On motion Ordered the following Message be sent to his Excel- 
lency the Governor to wit, 

To His Excellency Josiah Martin Esquire, Captain General, 

Governor &c° 
Sir, 

We herewith send your Excellenc}' a Resolve of this House for 
allowing James Barzie the sum of twenty five pounds. Concurred 
with by His Majesty's Honble Council, and request your Excel- 
lencys assent thereto. R. CASWELL Sp. 

Rec'' from the Council tlie Resolve allowing Robert Camp- 
bell £15. 



218 COLONIAL RECORDS. 



On Diotion, ordered the following Message Le sent to His Excel- 
lency the Governor. 

To His Excellenx-y Josiah Martix Esquike, Captain General, 

Governor &c^. 
Sir, 

We herewith send your Excellency the Resolve of this House for 
allowing Robert Campbell Deputy Adjutant General, the sum of 
Fifteen pounds. Concurred with by his Majesty's Honble Council, 
and desire your Excellency's Assent thereto. 

R. CASWELL, Sp. 

Sent by Capt Neale and Capt M°Kinnie. 

On motion ordered tlie following message be sent to His Excel- 
lency the Governor, "\^iz' 

To His Excellency .Josiah Martin Esquikk, Captain General, 

Governor, Sic" 
Sir, 

We herewitlj send your Excellency the Estimate of the allowanees 
of this House, concurred with by his I\Lajesty's Hon"" Council, and 
request your Excellency's assent thereto. 

R. CASWELL. Sp. 

Sent by Caj^t Neale and Capt M°Kinnie. 

On motion Resolved that the Clerk of the Assembly take into his 
possession the Accounts and vouchers of the expenses incurred in 
the late Expedition, and also the Accounts and vouchers laid before 
the Committee of Accounts the two last years past. 

On motion Resolved that the Treasurers or either of them, furnish 
the mace bearer, and door keeper of this House, with proper gowns, 
and be allowed in their accounts with the Public. 

Rec'' from His Excellencj' the Governor the following Message, 
Viz' 

Mr Speaker and Gentle^een of the House of Assembly, 

I herewith return your estimate of Allowances, and the Resolves 
of your Hous(* with the concurrence of His Majesty's Hon"' Council, 
in fa^•our of Mr Robert Campbell and James Barzie, with my assent 
thereto. JO. MARTIN. 



COLONIAL RECORDS. 219 



* 



Also the estimate and two Resolves of this House allowing Robert 
Campbell fifteen pounds, and James Barzie twentj' five pounds. 

Rec* from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen' of the LIouse of Assembly, 

I return herewith the Resolves of your House with the Concur- 
rence of His Majestys Hon"' Council, in favour of Corn' Harnett 
Esq', Adam Boyd, John Kennedy, Philemon Hawkins, William 
Bourke, and Adam Boyd, with my a.sseut thereto. 

December 21=' 1771. JO. MARTIN. 

Received at the same time the Resolves, referred to "in the above 
message, for allowing Cornelius Harnett Esq' £100, Adam Boyd 
£175, John Kennedy £1.4, Philemon Hawkins £3.15, William Bourke 
£21.11, and Adam Boyd £1. 

Rec'' from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the House of Assembly, 

In answer to your message, of this day, requesting my Interest in 
' support of your Agents application for permission to import Portu- 
gal and Spanish Salt into this Province, I do assure you I will 
humbly recommend to his JIajesty, in the strongest manner, that 
such allowance be granted to this Province. JO. ilARTIN. 

Also the Resolve of this House, respecting the importation of 
Portugal and Spanish Salt. 

Rec'' from His Excellency the Governor the following Message, 
to wit, 

Mr Speaker and Gentlemen of the House of Assembly, 
I herewith return your Resolve, with the concurrence of His 

Majesty's Hon"' Council in favor of the Revered Mr James Reed 

with my assent thereto. 

December 23'" 1771. JO. MARTIN. 

Also the Resolve regarding the allowance to the Rev" Jas. Reed 
for £10. 

Rec" from His Excellency the Governor the following Message, 
to wit, 



220 COLONIAL RECORDS. 



Mr Speaker and Gentlemen of the House of Assembly, 
I herewith send your several Resolves, with the Concurrence of His ' 

Majestys Hon*"'" Council bearing date 20* and 21'' Instant, and your 

Resolve of this day, in favor of Daniel Pegram and Thomas Garish 

with my assent thereto. 

December 23'^ 1771. JO. MARTIN 

Also the Resolves of this House, for allowing the Hon"° James 
Hasell Esq" two hundred pounds, Richard Henderson Esq' forty 
one pounds thirteen shillings and four pence, William Peyton one 
hundred pounds, Enoch Bradley and John Paine five pounds each, 
Anne Bryan one hundred and fifty pounds, Elizabeth Harper, Anne 
Ferguson, arid Faithy Smith, one hundred pounds each, Fearnaught 
Beasley ten pounds "^ J'ear, Thomas Garish, Moses Griffin, Daniel 
Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Har- 
rington, Christopher Acklin, Sweeting Bond, William FuUerton, and 
Charles Yeates twenty Pounds ^ annum, Thomas Tortle, James 
Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, 
William Lunsdale, and Thomas Carsley fifteen pounds "l^^ pear, Wil- 
liam Gilbert, Thomas Clarke and William Hescock ten pounds 
■^ year, Christopher Grants two pounds eleven shillings, Daniel 
Pegram and Thomas Garish twentj^ four pounds each. 

And the Resolve of this House for allowing John Rutherford 
Esq' the same sum that Lewis Henry DeRosset Esq' was '§ report of 
the Committee of Accounts, including the sum allowed him by the 
said Committee. 

Rec* from His Excellenc)' the Governor tlie following Message, 
towit, 

Mr Speaker and Gentlemen of the House of Assembly, 

I have received your message of the 21" Instant, and am much 
concerned at your refusal to enable me to defray the charge of run- 
ning the boundary Line between this Province and that of South 
Carolina, pursuant to His Majesty's Royal Instructions Communi- 
cated to you, wdiich has been alwaj's done on former like occasions. 
I will not fail faithfully to lay before His Majesty your Represen- 
tations on this subject, at the same time, that I greatly fear it will 
be displeasing to the King to find that the Customary provision has 
not been made for carrying into present execution His Majestj^'s 
Royal and solemn determination. JO. MARTIN. 

New Bern December 23"* 1771. 



COLONIAL RECORDS. 221 



Rec'' from His Excellency the Governor a verbal message requii'- 
ing the attendance of the House at 5 "Clock this afternoon at the 
palace. 

Mr Speaker with the House waited on His Excellency the Gov- 
ernor in the Palace with what l^ills tliej' had ready for his assent 
when he was pleased to pass the following, viz' 

The Bill for imposing a Tax of two shillings jiroc. mone}' f? poll, 
on all taxable persons within this Province, and for granting the 
monej^ arising from such Tax, to His Majesty, his Heirs and succes- 
sors, to be applied as herein after directed. 

The Bill for amending an Act, Intitled an Act, for erecting in the 
Tov\-n of Salisbury, a public gaol, pillory and stocks for the district 
of Salisburj^, in this Province. 

The Bill for appointing and empowering Thomas Moore, of Anson 
County, and James McCoy of Rowan County to collect and receive 
the Taxes which are due from the Inhabitants of the said County 
for the year 1770. 

The bill to empower the Church Wardens and ^"estrymen of the 
Parish of Saint Gabriels, in the County of Duplin, to sell the Glebe 
in the said Parish and County. 

The Bill to continue an Act, Intitled an Act. encouraging the 
destroying of Vermin in the several counties therein mentioned. 

The Bill to amend an Act, Intitled an Act, for founding, estab- 
lishing and endowing of Queens College, in Mecklenburg County. 

The Bill to Impower the Officers therein mentioned in certain 
cases, to take the poll at the election of IMembers to serve in the 
general Assembly. 

The Bill for laying out a public road from the Frontiers of this 
Province through the Counties of Mecklenburg, Rowan, Anson, and 
Cumberland to Campbelton. 

The Bill to enlarge the time for several Sheriffs to settle their 
Accounts with the Justices of Inferior Courts of pleas, and quarter 
sessions, of the Counties therein mentioned. 

The Bill to amend an Act, Intitled an Act, for the Regulation of 
the Town of Wilmington. 

The Bill to alter the Method of working upon the roads in the 
Counties therein mentioned. 

The Bill for the further enabling, Francis Locke, Andrew Allison, 
Griffith Rutherford, W"" Temple Coles, former Sherifls of Rowan 
County to collect the Arrearages of Taxes. 



222 . COLONIAL RECORDS. 



The Bill to indemnify such persons who have acted in defence of 
Government, and for the preservation of the public peace of this 
Province, during the late Lisurrection, from vexatious suits and 
prosecution. 

The Bill for building a Court House in the Town of Salisbury, for 
the District of Salisbury. 

The Bill to Impower the Freeholders of the several Parishes therein 
mentioned, to elect Vestries for their respective Parishes. 

The Bill for laying out a Town on the Land of Richard Evans in 
Pitt County, by the name of Martinborough. 

The Bill for erecting in the Town of Hillsborough a public gaol 
and gaolers house, for the District of Hillsborough, in this Province. 

The Bill to enable the Freeholders of the Parish of Saint John 
in the County of Pasc{uotank, to elect a vestry, and provide for their 
poor. 

The Bill to amend an Act for Regulating the several officers fees 
within this Province, and Ascertaining the Method of paying the 
same. 

The Bill to amend an Act, Intitled an Act what fences are suffi- 
cient and to amend and continue an Act, relating to taking up 
stray Horses. 

The Bill for appointing an Agent to sollicit the affairs of this 
Province at the several Boards in England. 

The Bill for further amending an Act, Lititled an Act for the 
better regulation of the Town of New Bern, and for securing the 
titles of persons who hold lots in the said Town. 

The Bill for the better Regulating the Pilotage of Cape Fear river, 
and other purposes. 

Among the Bills presented to His Excellency the Governor, for 
his assent thereto, as before mentioned, were the following, viz' 

The Bill for erecting part of the County of Halifax and Tyrrel 
into a County and Parish. 

The Bill to discontinue the poll Tax of one shilling, and duty of 
four pence per gallon, on rum, wine, and other spiritous Liquors. 

The Bill for striking Debenture Bills on Bank paper to the amount 
of one hundred and twenty thousand pounds proc. money, to lie 
exchanged for all such Debenture and Tender Bills as may be in 
circulation in this Province. 

Which Bills his Exellency was pleased to reject, and they were 
rejected Accordingly. 



COLONIAL RECORDS. 



•223 



Estimate of the allowances 
Assembly at New Bern, Clerk, 
sion, towit, 

£ s. 
Ml" Richard Caswell Sp-15 17 

Mr Mail Moore 19 4 

Mr Cornelius Harnett--lS 7 

Mr John Ashe 18 7 

Mr William Thomson_-16 6 

Mr Jacob Shepard IG G 

Mr Robert Howe IS 17 

Mr William Davis 18 17 

Mr James Bonner 13 13 

Mr Moses Hare 17 

Mr Wyriot Ormond _ _ _ 1 8 18 

Mr Jacob Blount 15 18 

Mr Christopher Neale. - i 5 7 

Mr James Blount 18 8 

Mr Samuel Johnston _-18 8 
Mr John Woodhouse -.19 19 

"Mr Henry White -20 11 

Mr William Dickson ...15 15 

Mr Thomas Gray 15 15 

Mr Aquilla Sugg 9 15 

Mr Abner Nash 14 5 

Mr Edward M^Swain -.15 IS 

Mr Thomas Polk 21 14 

Mr William Cray 15 17 

Mr Richard Ward 15 17 

Mr Joseph Hewes 18 15 

Mr John Wilcox IS 8 

Mr Thomas Eaton 15 2 

Mr L<aac Brooks 18 S 

ilr Benjamin Hardy -.14 13 

Mr Thomas Hynes 14 13 

Mr Richard Evans 15 10 

Mr Thomas Neill 22 6 

Mr William Moore 22 6 

Mr Willie Jones 18 i5 

Mr William M°Ree 7 13 



due and payable to the Members of 
Officers and others, this present Ses- 

d. £ s. d. 

6 Mr Edward Hare 18 10 2 

10 Mr William Slade 8 18 10 

2 Mr John Dunn 20 10 4 

2 Mr Matthew Locke 20 7 8 

6 Mr Griffith Rutherford- 20 7 8 

6 Mr Fer" Campbell 16 10 8 

4 Mr James Picket IS 4 10 

4 Mr James Moore 18 7 2 

2 Mr Hugh Waddell 17 19 2 

10 Mr JohnHarvey 21 15 8 

2 Mr William Tisdale--- 18 1 4 

2 Mr John Kimbrough-_lS 1 4 

6 Mr ■ Joseph Montfort--_15 7 6 

2 Mr Thomas Person 16 10 00 

2 Mr Robert Lanier 17 7 8 

6 Mr William M'Kinnie- 13 IS 2 

6 Mr Franc'Mackilwean-13 IS 2 

Mr John Campbell IS 4 2 

Mr Charles Robinson-_lG 10 8 

8 Mr William Alston 10 6 G 

6 Mr Howell Ed wards - — 12 8 10 

2 Mr Andrew Knox 16 3 4 

8 Mr William Haywood-12 6 6 

8 Mr Alexander Stewart.ll 1 2 

8 Mr John Hooker. _'___10 IS 10 

8 Mr Thomas Macknight. 18 2 6 

10 Mr Edward Vail -____-12 15 H 

5 Mr Beiij" Wynns 9 17 00 

10 Mr Francis Nash 10 00 4 

10 Mr Ralph M'Naire 9 12 10 

10 Mr William Person 6 8 10 

10 Mr Joseph Jones 11 6 

6 James Green Jun' Clk -21 17 4 
G Benj" Fordham M. B _.10 18 10 
6 Francis Lynaugh D.K-10 18 10 
4 



224 COLONIAL RECORDS. 



£ s. d. 

James Green Jun' Clk. three transcrij^ts of the Journals _- 15 

James Green for stationary 5 

James Green for extra services 120 

James Glasgow Assistant Clerk 25 

Benj" Fordham, M. Beam for extra services 25 

Francis Lynaugh door keeper for extra services 25 

"W" Brimage for copying and engrossing • 5 

James Parratt for ditto 5 

Francis Brice for ditto 6 U 

John Gray Blount for ditto 5 

John Burgwin for ditto 8 bills and cash jiaid on express 12 10 

Samuel Budd, for copying and engrossing Bills S 

James Glasgow for ditto 51 

Francis Lynaugh for firewood and Attending your Com- 
mittee 12 

Trustees for the use of the school i-n NewBern 40 

Report of the Committee of Claims, Viz' 

£ s. d. 

Thomas Sitreaves IS 14 8 

Felix Kenan 2 

John Ramsey SO 

Isaac Edwards ~ip! Secretary .. 60 

James Coor SO 

John Simpson SO 

Roger Ormond 70 

Wyriot Ormond 5 

William Bryan IS 10 8 

Christopher Neale 10 

His Excellency the Governor 4'J S 10 

James Harris SO 

Memucan Hunt 3 9 

Moses Alexander — 2 3 4 

Robert Palmer Escjuire 552 11 7 

Francis Lynaugh S 10 

Dempsey Sawyer 11 3 4 

John Burroughs ■ 9 13 4 

JohnNickles 39 1 6 

Montfort Elbeek 10 12 4 



COLONIAL RECORDS. 



£ s. d. 

Mial Scurlock 15 

Duncan M°Neil 20 

James Glasgow 21 13 

William Nichols 3 16 

John Stevens S 1 4 

James Biggleston ~fJ Secretaiy 152 S 

Nathan Bateman 22 1 10 

Robert Salter 2 

Edward Salter 10 

Jesse Benton 10 14 8 

Abraham Tyson 7 18 

Mauj Wyre 4 10 

James Glasgow 10 

Samuel Frazier 8 

James White 8 17 4 

Thomas Sitgreaves 2 9 

James Glasgow 25 



[B. P. R. O. Am. & W. Ind: No. Carolina. Vol. 219.] 

Estimate of the Expenses Incurred at an Assembly held at New 
Bern in November and December 1771, viz; 

£ s. d. 
To Members of the Assemblj', Clerk, Mace-Bearer and 
Door-Keeper 173 

To James Green for 3 Transcripts of the .Journal 

To Ditto for Stationary 

To Ditto for extra Services 

To James Glasgow Assistant Clerk 

To Benj'' Fordham Mace Bearer extra services 

To Francis Linaugh door-keeper extra services 

To W" Brimage for cojiying and engrossing Bills 

To James Parratt for ditto 

To Francis Brice for ditto 

To John Gray Blount for ditto 

To John Burgwin for ditto et p'^ an Express. 12 

To Samuel Budd for copying and engrossing Bills _. 
VOL. IX — 15 



732 


7 


10 


15 








5 








120 








25 








25 








25 








5 








5 








6 








5 








12 


10 





8 









226 COLONIAL RECORDS. 



£ 

To James Glasgow for ditto 51 

To Francis Linaugh for Fire wood and attending the 

Committee of Claims &c 12 

To the Trustees for the use of the School-House 40 

To the amount of the report on the Committee of 

Claims 1505 19 6 



s. 


d. 





















£2997 17 4 
The foregoing Estimate is a true Copy taken from the proper 
Voucher, concurred with by the Governor Council and Assembly. 

J. GREEN jun' Clk. 



1772. 

[B. P. R. O. Aji. & W. IN-D.: No. Carolina. Vol. 219.] 

[advertisement.] 

Craven County Jan: 2. 1772. 
Public notice is hereby given, that the Tax in this County for the 
year 1771, is eleven shillings and eight pence. 

WILLIAM BRYAN. 

Public Tax for 1771. 

Contingent Tax £0 3 

For sinking the debentures granted 1768 2 

For sinking d" granted 1771 2 

ForPrinting 4 

f Poll £0 7 4 

Parish Tax 3 4 

County D" - 1 

£0 11 8 

N. B. There is one .shilling Tax which by a Resolve of the House 
of Assembly is not to be collected as the Law imposing that Tax 
appears to have had its effect. W. B. 



COLONIAL RECORDS. 227 



[B. P. R. O, Am. & W. IND.: No. Carolina. Vol. 219.] 

Letter from Secretary Hillsborough to Governor Martin. 

Whitehall Jan'^ 11* 1772. 

I have rec'' your Dispatches N' 2 and 3, and have laid them before 
the King. 

The Proi'ogation of the Assembly to the 15"" Xov"' appears from 
the Reasons yov; assign for it to have been a proper measure and I 
trust that the General Assembly will meet at that time in a Disposi- 
tion to carry on the jwblic Business conformable to your Wishes. 

Your attention to what passed upon the arrival of the Spanish 
Snow at Cape Lookout Bay is very much approved by the King, and 
the steps you took in consequence of that Event appear to have been 
very proper. 

It is certain that the conduct of the Deputy Naval Officer at 
Beaufort as well as the Behaviour of the Spanish Officers gave room 
to suspect some unfair and improper Proceedings ; but the Result 
of the whole seems to justify the Belief, that what at first might 
have the appearance of Disrespect and Irregularity, arose from the 
Ignorance of the Naval Officer of what might be proper to be done 
in a Case of so new and extraordinary a Nature. 

I sincerely condole with you upon the Losses you have sustained 
in your Family from the Malignity of the Climate, and shall be 
very happy to hear that Time enables you to resist its Influence. 

I am it° 
HILLSBOROUGH. 



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

North Carolina. 
By His Excellency Josiah Martin Esquire, His Majesty's Captain- 
General, and Governor in Chief, in and over the said Province. 
It being certified unto Me, That Samuel Green late of New^Han- 
over County, in this Province, is dead, and hath made his last Will 
& testament in writing & therein nominated & appointed iGeorge 
Moore, Cornehus Harnett & Alexander Lillington to be Executors 
thereof, & the said George Moore, Cornelius Harnett & Alexander 
Lillington having Proved the said Will & qualified agreeable to Law, 



328 COLONIAL RECORDS. 



These are therefore to impower the said George Moore, Cornehus 
Harnett & Alex' Lillington Esq" to enter into, and upon, all and 
singular the Goods and Chattels, Rights and Credits, of the said 
Deceased, and the same into their Possession take, wheresoever in 
this Province to be found, and an Inventory thereof, on Oath, to 
return into the Secretary's Office, within Ninety Days from the Date 
hereof: and all the just Debts of the Deceased to pay, so far as the 
said Estate will extend or amount to. 

Given at Newbern, under my Hand, and the Seal of the Colony, 
the Twenty second Day January Anno Dora. 1772. 

JO. MARTIN. 

By His Excellency's Command 

W". Palmer, D. Sec'^. 



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

COUNCIL JOURNALS. 

At a Council held at New Bern 25"^ Jany 1 772. 
Present 
His Excellency the Governor 

{John Rutherford Martin Howard ^ 

Lewis Henry DeRosset and :• Esquires 

Samuel Strudwick Samuel Cornell j 

His Excellency informed the Board that under the suggestion of 
the Lower House of Assembly that the Is. poll tax, and the duty of 
4d. '^ Gallon on spirituous liquors had already produced their effect 
and that therefore those taxes should no longer be collected, the 
public Treasurers had been induced to omit the said poll tax in 
their lists delivered to the Sheriffs to regulate their collections, and 
these being the only remaining funds appropriated to their sinking 
the large sum of proclamation money now in circulation. His Excel- 
lency desired the Opinion of the Board what measures were proper 
to be taken to prevent the ill consequences that might attend a Pro- 
cedure so inconsistant and contrary to the public faith. 

The Council were of opinion that it is expedient for the Governor 
to issue a proclamation strictly requiring the Sheriffs to collect the 
said Poll Tax as the Law directs, and in case of failure that they 



COLONIAL RECORDS. 229 



should be sued upon their Bonds, and that the collectors of the 
four penny duty be likewise enjoined to continue the collection of 
the same until the Act for imposing the said Taxes be formally 
repealed. 

NoKTii Carolina — Ss. 

By His Excellency -Josiah JIartin Esq' Captain General, etc. etc. 
A Proclamation. 

Whereas by an Act of Assembly of this Province in the 22* year 
of His late Majesty, intitled " An Act for granting to his Majesty 
the sum of £21,350 Public Bills of Credit of this province at the 
rate of proclamation money, to be applied toward building of 
fortifications in this Province, payments of Public Debts, exchang- 
ing the then present Bills of Credit and for making provision for 
defraying the contingent charges of Government," and continued by a 
subsequent Act passed in the 27"" year of the reign of his said late ilaj- 
esty intituled " An Act for granting to His Majesty the sum of £40,000 
in Public Bills of Credit at the rate of Proclamation Money, to be 
applied towards defraying the expence of raising and subsisting 
the forces for Plis Majestys service in this Province to be sent to the 
assistance of His Majestys Colony of Virginia and other purposes 
therein mentioned," A Poll Tax of one shilling per head, on all 
taxable persons, and a duty of four pence ^ gallon on all wine, 
rum, or other spiritous liciuors imported or brought into this prov- 
ince either by Land or water, was then imposed or laid (And 
whereas it has been not only suggested but industriously reported, 
that the said herein before recited Laws have produced the intended 
effect, by raising from the People the whole sum emitted upon the 
Credit of those funds, and consequently that the said Taxes ought 
to cease and be no longer collected, which suggestion contains a 
fallacy and very gross misrepresentation of the fact, the money 
arising from the said Poll Tax and duty having been partly 
diverted to other services, and great part thereof being still remain- 
ing in the. Hands of the Sheriifs and Collectors, who have not 
yet accounted with the Treasurer for the same, by means whereof 
there is still extant and in circulation a considerable sum in 
the said publick Bills of Credit, for the sinking of which the' 
said Poll Tax and duty are the onh^ remaining appropriated Funds, 
and which the Public Faith stands engaged to continue until other 
Funds are estalilished for its extinction, or until by these the same 



230 COLONIAL RECORDS. 



be sunk and destroyed according to Law: "Wherefore I have thought 
fit, by and with tl:ie advice and consent of His Majesty's Council, to 
issue tliis Proclamation, strictly requiring and commanding the 
Sheriffs of the several and respective Counties within this Province; 
and other Receivers of the said Poll Tax, and likewise the Collectors 
of the said duty of 4d '^ gallon on wine, rum or other sisiritous 
liquors, imported into this Province, either by land or water, to con- 
tinue the Collection of the same until the Act for imposing the 
said Poll Tax and' levying the duty, shall be legally repealed, 
In default hereof his Majestys Attorney General will be directed to 
put their Bonds in suit. 

Given under my hand, and the Great seal of the said Province, 
at New Bern, the 29"' day of Januarj' in the twelfth year of his 
Majestys Reign Anno Dom 1772. 

JO. MARTIN. 
- By His Excellencys Command 

Samuel Steudwick Secy. 

God save the King. 



[B. P. R, O. Am. & W. IND : No. Carolina. Vol. 219.] 

Letter from Governor Martin to Secretar}' Hillsborough. 

North Carolina New Bern 30"" January 1772. 

Since I had the honor of writing to your Lordship my letter of 
the 26"" of last month signifying the dissolution of the Assembly of 
this Province three days before that date I am become acquainted with 
a most unv.-arrantable proceeding of that house concerning which I 
was held in doubt by a contrariety of Reports made to me at that 
time and I tliink it m.j duty to giye your Lordship the earliest 
Information of it as a circumstance of dangerous tendency to this 
Epitome of the British Constitution and to submit to your consid- 
ei'ation the measures I have taken thereupon. 

It appears by the Journals of that House of which I now transmit 
a Copy to your Lordship that upon a state of the Public Funds 
being laid before it on Friday December the 6"" the House was of 
opinion that because £58104 2d. had been l)urnt and destroj'ed and 
that there was in the hands of the Treasurers and Sheriffs and 



COLONIAL RECORDS. 231 



Receivers of duties two sums making together £12536 5s. arising 
from the Tax of one shilling "^ poll and duty of four pence ^ 
Gallon on Rum, Wines and other Spiritous liquors for which security 
had been given and which being paid will give a balance or sur- 
plusage of £4310 7s. 6d. the said Taxes ought to cease and be dis- 
continued; than which state of the matter and conclusion nothing 
was ever more false and sophistical ; or more artfully and wickedly 
contrived to beget in the jieople suspicious that they are unduly 
loaded with Taxes. 

Your Lordship will readil}' perceive that the amount of the paper 
burnt is here made a relative to the sums which these Taxes were 
designed to raise being £61,350 and that the arrearages of the Poll 
Tax of one shilling and duty of fourpence amounting to £12586 5s. 
6d. yet outstanding added to the former sum and subtracted from 
the latter will exceed it £340 7s. 6d. by which state of the account 
appears that there is now in existence of the paper to the sinking of 
which this Tax and duty were appropriated only the difference 
between £53104 2d. and £61350— that is £8245 IBs.— this has so 
much the air of fairness and Truth that considering it the represen- 
tation of a branch of the Legislature it can hardly be supposed 
otherwise ; but it is only a species of fallacy for the fact is Jly Lord 
that there is at this present time in circulation £42800 in legal 
tender paper ; of which here is no notice taken, and which this Tax, 
and duty and another poll tax of three shillings that was prema- 
turely and illegally suspended in the year 1763 by a resolve of the 
two Houses of Assembly were laid to sink; and expressly directly 
by tlie law that imposed them, to continue until the same should be 
actually sunJ: and destroyed. The paper burnt is not .specificallj' of the 
emissions to which this Tax and duty were applicable as is implied 
in the Assembly's representation, but the general gross amount of 
the paper of sundry emissions that has been confusedly and promis- 
cuously destroj'ed ; the taxes have never been specially applied to 
sinking the particular paper money for which they were imposed 
which has caused confusion in the sinking funds; money shall also 
be drawn from them.for other services, and never replaced; and 
taxes appropriated to them prematurely discontinued hence the 
deficiency of the sinking funds and hence, and from the insolvency 
and fraud of Sheriffs and Collectors of Taxes so large a sum of 
paper money continues in circulation after the Taxes paid by the 
people or some emissions have sufficed for their extinction. 



232 COLONIAL RECORDS. 



Upon this fraudulent state of the matter a Bill was brought into 
the House to discontinue the Tax of one shilling '^ poll and duty of 
four pence ^g? gallon on Rum Wines &c : while it was depending I 
was consulted about it and declared against it absolutely as a meas- 
ure teeming with fraud and inconsistant with the public faith to the 
violation of which I never would be accessory. I remonstrated that 
this Tax and duty were all the fund that remained to sink £42800 
in paper money that had been already unduly continued in circula- 
tion by Maladministration and could not be withdrawn without 
stabbing the public credit which was pledged for its redemption, that 
can only be effected when by the continuance of these Taxes the 
sinking fund should become sufficient or its deficiency made up by 
a new Tax or by the revival of the Poll Tax of three' shillings sus- 
pended in the year 1768, or by the surplusages of other funds as they 
should arise, that the funds had been so involved and confounded I 
conceived the several emissions of paper must now be resolved into 
one general stock and stand charged ujwn the remaining Taxes as a 
common sinking fund for all the old paj^er until there should be 
money in the Treasury to redeem it, that the having collected from 
the people more than the tax and the duty in question had been 
originally designed to raise signified nothing, if through misapplica- 
tion or otherwise they have not effected the purposes for which they 
were laid and that the public faith could not be disengaged until 
the outstanding paper should be actually and bona fide sunk and 
destroyed. The persons who came to me upon this business would 
have engaged that application should be made of so much of the 
arrears due to the public when they should be collected as should be 
adequate to that purpose, a proposition of such uncertain issue that 
I could not accept as they could not insure the sufficiency of the 
outstanding debts or be responsible for such application by a future 
Assembly, and that in default of either of these premises the money 
now in circulation would be continued contrary to the express letter 
of the Act of Parliament of the 4th year of his present Majesty's 
Reign, or for want of its legally established credit and support, thus 
subducted be reduced to worthless paper to the fraud or ruin of the 
people holding it under the sanction of public faith and positive 
laws; that as soon as the conditions on which the paper was emitted 
were fulfilled, that could not be until it was redeemed and in the 
Treasury, I should gladly concur in any proper measure for exon- 
erating the people, till when I should bear my testimony against 



COLONIAL RECORDS. 233 



taking off the diUy and tax above mentioned. In order to engage nie 
to change this resolution it was insinuated that if a Bill for such 
purposes should pass the two Houses of A.ssembly and be rejected 
by me it would brings odium upon the dawn of ni}- administration 
to which I replied, that in that case, which I could not conceive 
should happen, the consciousness of doing right would support me 
under all consequences that I was not to be practiced upon by any 
such intimidations, nor would I ever become a pandar to the public 
dishonor. "■ 

The Bill however brought into the House to discontinue the Tax 
of one shilling and duty of four, pence passed the Assembly and 
was artfully carried through the Council when some Members who 
would have made a iMajority against it were absent. Ai the conclu- 
sion of the Session in the moment that I was expecting the House 
to present their Bills for my assent I had intimation that the Assem- 
bly had agreed upon Resolves to discontinue the collection of the 
one shilling poll Tax and to indemnify the Sheriffs in so doing to 
be entered upon their Journals in case I should reject the Bill then 
to be offered me and that the Treasurers in consequence thereof had 
omitted that Tax in their list of Taxes in the ensuing year delivered 
to the Sheriffs which last part of my intelligence, was with much 
assurance, contradicted, this only served to confirm my resolution to 
dissolve the Assembly and to determine me to pronounce its disso- 
lution immediately after giving my assent to such bills as I should 
think fit to pass and thus i^revent the execution of the design of 
entering upon their .Journals the ^premeditated Resolves. I pursued 
this conduct at the same time giving the House a gentle reprehen- 
sion for agitating a measure so unprecedented unparliamentary and 
unconstitutional, so inconsistant with the jjublic faith and contrary 
to their own laws, and I hoped I had frustrated their illegal inten- 
tions. I continued in this belief until lately that talking over the 
public affairs with the Treasurer of the Northern District he informed 
me that in conformity to the measures taken by his Colleague in the 
Southern District pursuant to an order of the House of Assembly 
delivered by their Speaker he had omitted the poll Tax of one 
Shilling in the Sherifis ILsts and that it had been debated in the 
House, whether they should order the Collectors of his Majesty's 
Customs not to collect the duty of four pence IjS galloia on Rum, 
Wines &c: but that a ^Nlajoritj- was o*" opinion such Order to Officers 



234 COLONIAL RECORDS. 



of the Ci'own would be unavailing and futile. Of all this extraordi- 
nary proceeding not one word appears upon the Journals. 

Thus My Lord j'ou will observe the Assembly by an order clan- 
destinely suggested through its Speaker to the Treasurers, whom 
they consider and who consider themselves as the Officers of that 
House exercise a sovereign power; virtually abrogating by its breath, 
a positive Act of the whole Legislature ratified by his Majesty a mon- 
strous usurpation of authority that I think proves irrefragably 
the propelisity of this people to democracy. I have written to the 
Treasurers insisting that they direct the Sheriffs to collect the one 
shilling Tax as usual and according to Law. The- Treasurer of the 
Northern District complied but the Southern Treasurer urging that 
it was not his duty to give lists of Taxes to the Sheriffs and discov- 
ering plainly unwillingness or fear to counteract this mandate of 
the Assembly I have thought fit to issue a Proclamation of which I 
have the honor herewith to transmit to your Lordship a Copy strictly 
enjoining the Sheriffs to collect the Taxes according to Law on pain 
of being prosecuted for default upon the Bonds, which they enter 
into with the Governor on their qualification for the faithful dis- 
charge of their duty in execution of the Laws which I have no 
doubt will produce the desired effect. 

The success of a Resolve of the two Houses of Assembly in the 
year 1768 for discontinuing a Poll Tax of three shillings appro- 
priated as this Tax of one shilling to the sinking of legal tender 
paper monej' has again my Lord induced this flagrant and uncon- 
stitutional violence, the Governor counter worked it by directing 
the Sheriffs to collect the Tax. Its operation was partial therefore 
but it raised great clamour and discontent and two years after 
Gov^ernor Tryon was engaged, I must believe deceived or surprised, 
into sanctifying this political enormity by assenting to a law for 
indemnifying the Sheriffs who conformed to that illegal Resolve, a 
measure tliat I presuine they will again resort to but I trust mj^ regard 
to the duty I owe my Royal Master and to the British Constitution 
which he so sacredlj' cherishes will defend me from participation in 
any violence to this miniature of that most beautiful and wisely pro- 
portioned Fabrick. 

That your Lordship may be fully master of the macination of 
this people to nourish the flame of discontent which I hoped was 
exjiiring I send herewith a Copy of an advertisement of the Sheriff 
of Craven Countv where in a note at the Ijottom he falsely asserts 



COLONIAL EECORDS. 235 



that the Assembly had resolved that the one shilling sinking Tax 
should not be collected as the Law imposing that Tax appeared to 
have had its effect of which not a syllable is to be seen on the 
Assembly's Journal. He has however by my direction contradicted 
this misrepresentation, thus my Lord these people are studiously 
fermenting dispositions of which thej' cannot foresee or determine, 
but will certainly rue the consequences. 

I am ashamed my Lord to see the length to which I have spun 
out this detail but I considered that I could not minutd}' relate to 
your Lordship this transaction upon the great moment and import- 
ance of which I must now rely for excuse of my prolixity. 
I have the honor to be &c 

JO. MARTIN. 

N. B. Such large sums of the Public money are lost by the 
insolvency of Sheriffs and other Receivers of Taxes, that I am 
assured of £66000 arrearages not near one third will be paid into 
the Treasury, a circumstance which I hope vn\l justify my refusal of 
this fund offered for the preservation of the public credit. 

Sir Nathaniel Dukenfield who will have the honor to hand this 
letter to your Lordship is a young gentleman of great worth and a 
Member of his i\Iajesty's Council in this Province; he goes to Eng- 
land on his private business to make a .short stay. 



[From MS. Records in Office op Secri-.tary of .State.] 

George, R. 
Additional Instruction to our Trusty and wellbelcT'ed Josiah Martin 
Esc[uire, 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 fourth day of February 1772, in the twelfth year 
of Our Reign. 

Whereas Laws have been passed in some of our Colonies and 
Plantations in America, by which the Lauds, Tenements, Goods, 
Chattels, Rights and Credits of persons who have never resided 
within the colonies where such Laws have been passed, have been 
made liable to be attached for the recovery of Debts in a manner 
different from that allowed bv the Laws of England in like cases. 



236 COLONIAL RECORDS. 



And AVhereas it hath been represented unto L^s, that such Laws may- 
have the consequence to prejudice and obstruct the commerce between 
this Kingdom and Our said Colonies and to affect Public Credit. It 
is therefore Our Will and Pleasure that you do not on any pretence 
whatever, give your assent to, or pass any Bill or Bills in Our Prov- 
ince under j^our Government, by which the Lands, Tenements, 
Goods, Chattels, Rights and Credits of Persons who have never 
resided within Our said Province shall be made liable to be attached 
for the recovery of Debts due from such Persons, otherwise than is 
allowed by Law, in cases of the like nature within this Our King- 
dom of Great Britain, until you shall have first transmitted unto us, 
hx one of Our Principal Secretaries of State, the draught of such 
Bill or Bills, and shall have received our Royal Pleasure thereupon 
unless you take care in the passing of such Bill or Bills that a 
Clause or Clauses be inserted therein, suspending and deferring the 
Execution thereof until Our Royal "Will and Pleasure shall be 
known thereupon. G: R: 

[From MS. Records ix Office of Secretary oe State.] 

Governor Martin to Samuel .John.ston Esq, 

New Berx Fel^ G'" 1772. 

I am favored with your letter of the 25"" of last month by Sir N. 
Dukenfield, & would have acknowledged its receipt b}' the same 
hand if y" time of his stay here had afforded me opportunity to con- 
sider of the offences committed by the Collector & Comptroller of 
the Port of Currituck, & to examine m)^ Documents with respect to 
Officers of the CvTstoms. 

As ]\P Pierce informed my Secretary that he was authorized by the 
Commiss" of His Majesty's Customs at Boston, to remove the Custom 
House of Currituck, I am desirous to know the latitude of their 
instructions to him, as well as of the Powers delegated to this hair 
brained Comptroller, before I proceed to extremities with them. I 
cannot help being of opinion that if the former has committed 
violence or been guilty of irregularity it has been owing to pusil- 
lanimous submission to the influence & intimidations of the Bully 
Drawcansir Comptroller whose powers derived from the Commiss" 
of Customs I understand to be of verv extraordinarv nature & 



COLONIAL RECORDS. 237 



extent. I am persuaded however at }'" same time that they will not 
justify the extortions tt depredations & violence he exercises over 
His Majestys subjects under colour of performing his duty, as I am 
that the Collectors confederacy, & participation of his inequity is 
equally indefensible, from whatsoever motive proceeding. That I may 
be fully informed of their power & authority & get to the perfect 
knowledge of their malpractices I have written to M' Pierce a letter, 
w"'' I take y° liberty to transmit now through your hands, directing 
him forthwith to i-epair hither & to lay before me his Instructions & 
those of his Comptroller, and to answer for their conduct in the 
ca.ses of w"" 3'ou make complaint, that seems well sujiported by the 
Affidavits you have sent me. 

M' Biggleston whom I have appointed Judge of the Admiralty 
will immediately appoint iP Charlton his Surrogate of whom, or for 
any person, or thing, your word, or recommendation, will be my 
sufficient w'arrant. 

In the present case it is my indispensible duty to pay the utmost 
attention to the subject of your letter, wherefore it required no 
apology, in every other I wish to preclude ceremony between us, by 
assurance of you that I wish to live & to communicate with you 
upon terms of freedom being with real esteem and regard for your 
person & character Sir Your mf'St obedient &c 

JO. MARTIN. 

P. S. I shall be glad to be furnished as soon as may be convenient 
w*" the further proofs you mention of the misconduct of Pierce & 
Malcom. 

P. S. I take the liberty to address to your care a packet for Sir 
N. Dukenfield of which I wish him to acknowledge the receipt, or 
that you will be so good as to do me that favor. J. M. 



[B. p. R. O. Am. & W. Lnd.: No. Carolina. Vol. 17.] 

To THE Right Hoxourable the Lords Commissioners for Trade 

AND Plantations. 
Maj' it please your Lordships. 

In humble obedience to your Lordships commands signified to 
me by Mr Pownall I have perused and considered Forty three Acts 



238 COLONIAL RECORDS. 



passed by the Governor Council and Assembly of the Province of 
Nortli Carolina in December 1770 and January 1771. 

* * * * ■+ * * 

1 am humbly of opinion that the said Acts although .some of them 
are inaccurately penned yet as such inaccuracy does not affect the 
substance thereof are proper in point of Law submitting only to 
your Lordships whether the encouragement of Exemption from 
Taxes in the Act for encouraging the further Settlement of the Province 
should not have been extended to all Persons as well as to those ivho 
shall come immediately from Europe' inas much as such exclusive 
encouragement may have a tendency to increase the immigration 
from his Majesties European Dominions. 

I have also perused and considered an Act of the same Assemblj' 
intitled an act for preventing Tumults and Riotous Assemblies for 
the more speedy and effectual punishing the Rioters and for restor- 
ing and preserving the Public Peace of this Province. And am of 
opinion that the Clause (fo: 7) permitting any one to kill with 
impunity a person outlawed in the manner therein described 
(although the circumstances of the Province may excuse the insert- 
ing such clause in this act) is yet altogether unfit for any part of the 
British Empire and therefore humbly submit to your Lordships that 
the said Act is tit to be repealed. 

All of which is humbly submitted &e. 

14'" Februarv 1772 R' JACKSON. 



[X. 0. Letter Book. S. P. G.] 

Letter from Rev. Mr. Reed to the Secretary. 

North Carolina Nbwberx 

February 15'" 1772 
Ricv" Sir 

My last was on the 2"* of July 1771, since which, there has been 
great Contention- about our little Academy. I should have sent 
you a more early account of it, cou'd I have done it with any 
satisfaction ; but I found it difficult to find out the wiiole truth & 
the real causes of Discontent. The most material Intelligence I 
have been able to receive, even after the most diligent search, has 
been only from Mr. Tomlinson himself, Mr. Parrot, Mr. Tomlin- 
son's late assistant, & one di.ssenting Trustee. The rest of the 



COLONIAL RECORDS. 239 



Trustees whether from a Consciousness of having acted wrong, or 
some worse motive entirely declined all conversation with me 
about it. 

When Mr. Tomlinsou opened his School, he was apprized of the 
excessive Indulgence of American Parents, and the great difficulty 
of keeping up a proper discipline; more especially as his school 
consisted of numbers of both Sexes. He was therefore very cau- 
tious, and used every little artifice to avoid Severity as much as 
possible. But when the cliildren grew excessive headstrong, stub- 
born and unruly, & likely to endanger the welfare of his School, 
he used to correct and turn them out of School, & make some little 
difficulties about their Readmission. Unfortunately for Mr. Tom- 
lin.son, this piece of policy gave very great umbrage to two of the 
trustees, who ever since their children were corrected and turned 
out of School, have been his most implacable Enemies. One of 
them has acquired a very considerable fortune by trade, & has four 
or five of the trustees entirely at his Devotion, The Circumstances & 
Influence of the others are inconsiderable. 

You may see by the Act of Assembly for establishing the School, 
which I sent you the 23''* of January 1767, that one penny ^ Gal- 
lon, for a limited time, is laid upon all spiritous Liquors imported 
into Neuse River, for the Benefit of the School; out of which 
Twenty pounds 'j^ ann : is to be paid to the Schoolmaster, to enable 
him to keep an assistant & the rest is to be applied to the education 
of poor children, not exceeding Ten. Mr. Tomlinsou presuming 
that this duty upon Spiritous Liquors wou'd be honestly applied 
by the Encouragement of the trustees, wrote to his correspondent 
in London, who procured him an assistant, Mr. Parrot, properly 
qualified in every respect, & entered into bond with him for 
a term of years in behalf of Mr. Tomlinson. About twelve months 
after the arrival of Mr. Parrot, great umbrage was given to 
the potent trustee, by Mr. Tomlinson correcting and turning one 
of his children out of school for very disobedient & stubborn 
Behaviour; and a dissenting Minister, about the same time opened 
a School at Wilmington, which is near one hundred miles dis- 
tant, when Six Boys, which Mr. Tomlinson had under his Care 
from that place, were taken away, for the Conveniency of being 
nearer home, which reduced his scholars to about forty four. The 
trustees had never sent more than five poor children to School, And 
as Mr. Tomlinson found his Scliool reduced, lie petitioned the trus- 



240 COLONIAL RECORDS. 



tees to send him five more, the better to enable him to continue Mr. 
Parrot. But behold the consequence! a meeting of the trustees was 
appointed (not a general one, for I had no notice of it, but such as 
could be depended upon to answer particular purposes) & an order 
made, the original inclosed, that he should dismiss the five poor 
Children which were then at school, under a pretext of want of 
money to repair the Schoolhouse. I call it a Pretext, because their 
own Accounts will shew, that they had monej^ enough then due & 
in their treasurer's hands, not only to have made all necessary 
repairs, & continued the five jDOor children, but likewise to have 
educated five more according to Mr. Tomlinson's Rec^uest. And 
tho' some repairs were really wanting, j-et they have not laid out a 
single shilling in any Repairs from that day to this. And the dis- 
senting trustee, who was at that Meeting, lately informed me, that 
the five poor children were taken away, not for want of Money, but 
with a design to distress Mr. Tomliuson. 

When Mr. Tomlinson found his School still more reduced by the 
dismission of the five poor children, he represented to Mr. Parrot 
the harship of continuing him as assistant, who generously consented 
to cancel the Bonds & provide for himself. The greatest difficulty 
seemed then to be removed. Mr. Tomlinson had sufficient Emi:)loy- 
ment for himself in the School, & Mr. Parrot who is a good M ath- 
ematician & Penman sujiported himself by Hacknej' writing. 

But tho' Mr. Tomlinson was now perfectly eas}', yet resentment 
could not sleep. The Correcting and turning the children of two of 
the trustees out of the School, was, like the Sin against the Holy 
Ghost, never to be forgiven. Mv. Tomlinson's Destruction was deter- 
mined upon, but how to accomplish it was the difficulty. Mr. Par- 
rot was therefore tampered with to open a School in opposition to 
him. But Mr. Parrot saw thro' their design to making a tool of 
him ; and tho' he detested their proposal yet he gave soft answers, 
implying, that if the School should be at any time vacant, he would 
accept it, provided he had no better employment. Mr. Tomlinson 
w^as therefore to be turned out to make room for him ; but Governor 
Trj'on was in the way, who had been an Eye Witness of Mr. Tom- 
linson's conduct, and had a particular value and esteem for him. 
But at length Governor Tryon was removed to New York, and a 
new Governor succeeded him, who was a Stranger to Mr. Tomlin- 
son, and then was the time to strike the fatal Blow. Accordingly 
on the l-i"" of last September, there was a meeting of the trustees (not 



COLONIAL RECORDS. 241 



a general one, for tho' a Trustee, ,1 had no notice of it, not being a 
proper person for such business as they were then aliout) when they 
did their utmost to turn Mr. Tomlinson out of the Scliool. A copj^ 
of their proceedings on that daj', you have enclosed, & upon 
which I would beg leave to remark ; That when they took the poor 
children away, there was no Complaint of neglect, but only of want 
of money. But now Mr. To7nlinsou is accused of neglecting his 
School by the Trustees, & what is verj' surprising by no body else. 
They were the only accusers & the only Judges. 

Mr. Tomlinson has taught School here upwards of Eight years, 
and I never heard him accused of neglecting his School till after 
the 14th of September 1771, & since that time, only by one Person, 
who is greatly in his Debt, besides the trustees that endeavoured to 
displace him. And I verilj' believe, they might with as mucli Jus- 
tice have accused him of Robbery or Wilful Murder. 

Two or three days after, Mr. Tomlinson informed me, how the 
trustees had used him, & was verj' desirous of a public hearing 
before the Governor. And the' I was at that time very sick, yet I 
waited upon the Governor along with him, who received us very 
graciously. But his Excellency being a Stranger, & not knowing 
how far he was legally authorized to interfere, prudentlv declined 
granting him a public Hearing, till he had the Attorney General's 
opinion, a copy of which I have sent you inclosed, it by which you 
will perceive, that he could not legally interfere at all. Mr. Tomlin- 
son 's Case therefore seemed to be desperate, it nothing was to be done 
but turn out immediately. 

The full number of Trustees is Eleven. At that time there were 
two vacancies, & I had no notice of their meeting. Eight met, 
and one dissented ; therefore Mr Tomlinson was dismissed by the 
voice of Seven. But to give this Dismission the appearance of a 
more general voice, they proceeded immediately to fill up the 
vacancies, it elected two new Trustees, sent for them & swore them 
in, & then signed a nomination for Mr. Parrot. I have sent you 
coppies both of the Dismission it nomination, which you will find 
of the same date, & the nomination signed bj' Ten, to induce the 
Governor to believe that Mr. Tomlinson was dismissed by the voice 
of Ten, tho' he was dismissed by the voice of Seven onl}', for they 
got the two new elected Trustees, as well as the tru.stee that dissented 
to sign the nomination for Mr. Parrot. 

VOL. IX — 16 



242 COLONIAL RECORDS. 



But here the Trustees ruet with a difficulty, they were not aware 
of. They knew Mr. Parrot's distressed circumstances, & never 
doubted but he would readily accept the School. But when the 
time of trial came, he let them see, that he had too much sense to 
be made a Tool of, and too much honor to supplant a worthy 
honest man. 

In short, he refused to accept the School when offered in such a 
base and dishonourable manner; which redounded so much to his 
Credit, that he has lately got into decent Emjjloyment in the Sec- 
retary's office; which I hope will give him a comfortable subsistance 
at present, & be a step towards his future advancement. And now 
for the last Effort of disappointed Resentment. 

After the trustees had sent for Mr. Tomlinson with an Intention 
to dismiss him (tho' he had not the least notice or suspicion of it, 
having never heard of any Accusation ) they settled accounts with 
him, & gave him an order upon their treasurer for his money, & 
then the president, in the name of the Society, in a very abrupt 
manner, dismissed him. But a few days after, finding Mr. Tomlinson 
not very willing to turn out, & Mr. Parrot unwilling to accept the 
School, the potent trustee went to the Treasurer & by his own 
authority, forbade the payment of Mr Tomlinson 's order. The treas- 
urer accordingly refused payment & Mr. Tomlinson is obliged to 
sue for his monej', tho' the Treasurer has due and in his hands 
about two hundred pounds. 

I never despaired of bringing about a Reconciliation, till this last 
affair happened. It showed such a depravity of mind, that I 
thought it dangerous to continue 'any longer a Member of the 
incorporated Society, & I therefore resigned. And I believe the 
venerable Society, will never blame me for resigning in such a Sit- 
uation. I saw I cou'd do no Good, and therefore wou'd not suffer 
my Name to give a Sanction to others to do mischief. Besides I 
was obliged to resign for my own preservation, & to keep out of the 
way of Strife and Contention. 

The majority of the Trustees are wealth}- men, but I cannot 
learn that any of them ever passed thro' a reputable School, or 
have the least knowledge of any of the Learned Languages, or 
liberal Sciences, or of the difficulty of governing a School. And I 
shall leave you to judge of the honor & Integrity of some of them, 
by the list of Debts inclosed, which Mr. Tomlinson gave me last 
Christmas. The want of such considerable sums must greatly dis- 



COLONIAL RECORDS. 243 



tress any man in his station. He therefore grew urgent in liis 
Demands, which united his Debtors more firmly in their opjiosition, 
and caused them to speak very disrespectfully of him before their 
Children. For such as will not pay their honest debts, seldom fail 
to abuse their injured Creditors. 

You see it was not either for want of inclination or power, that 
they did not turn Mr. Tomlinson out of the School, but only for want 
of a proper Person to succeed him. He is therefore determined to 
resign the School next April, & follow some other employment. 

I have been the more particular in the above Relation, from the 
duty I owe to the venerable Society & the great regard I have for Mr. 
Tomlinson, who, I believe, is a sincere Xtian, and has been verj' 
basely ti'eated. He is certainly one of the most peaceable & inoffen- 
sive men living, enters into No Parties, meddles with nobodys busi- 
ness, but his own, & is not addicted to any one visible vice. And if 
the Trustees did really think him guilty, either of too much severity, 
or negligence, or any other Indiscretion or Misdemeanor, why did 
not they admonish or reprimand him? But that wou'd neither have 
paid their Debts, nor sufficiently gratified their Malice &. Resentment. 

I sincerely wish the Act for establishing the School was repealed. 
I am sure it will never answer any good intention, while such an 
unlimited power is intrusted in the hands of the Trustees. They 
shou'd be obliged to lay their accounts annually before the Com- 
mander in Chief for his inspection, who should have a Check upon 
them both in the admission & di.smission of the Master. Tis true, 
the Governor has a power of licensing the Master, which I tliought 
would have been a sufficient restraint, but you may see by the Hon- 
orable Marmaduke Jones's opinion inclosed, which is fuller than the 
Attorney General's, the Governors License is a mere trifling, if any 
restraint at all. xVnd if the Bishop of London would point out the 
Defects of the present Act & get it repealed, I believe it would not 
be difficult to get a much better passed at the next Session of the 
Assembly. Or if that cou'd not be done, the Schoolhouse had better 
revert to the Subscribers in general than remain the property of a 
few, who so shamefully abuse their trust. 

After having said so much relative to the School, tis time to say 
some thing with regard to myself, and tho' I cannot complain of ill 
usage, yet I never had so much reason to lament the want of Health. 
About the last of August I was seized with the bilious fever, whicli 
baffled every human effort for Relief, & the effects of which I feel 



244 COLONIAL RECORDS. 



too sensibly to this day. Sometimes I was confined to my Bed, at 
other times I could walk about a little or ride a little, but never 
enjoyed one Days health till after Christmas, when indulgent provi- 
dence gradually relieved me by the variation of the Seasons. In 
this lingering sicklj' condition I was obliged to attend remote chapels; 
and in the month of November was so weak, that I cou'd not travel 
on Horseback, but was obliged to get a Chair; and when I had not 
strength to go thro' the whole Duty, I got the Clerk or Reader to do 
such parts of it, as I thought most proper. With great difficulty 
& bodily pain, I attended all the Chapels as usual, except one, the 
road to which is hardly jDassable for a wheel carriage. 

After being clogged & surfeited with medicine & finding no Relief, 
I wrote to an eminent Physician who had lately removed from New- 
bern, for his advice; which I have sent you enclosed, & which, tho' 
probabl}' very salutary, is not agreeable either to my circumstances 
or inclination. Removing is very expensive, & a new parish must 
be attended with a new Sett of acquaintances, which I wou'd avoid, 
if possible in the Decline of life. Besides I do not know of any 
parish in this province, in which a Clergyman cou'd be exempted 
either from long Journies or indifferent Lodgings. I am therefore 
determined to continue where I am, I wait the Eff'ects of the return- 
ing Spring, which are generally very salutary. But if I should meet 
with a Return of my old Disorder, I humbly beg, the venerable 
Society Avill give me Leave, either to remove according to the Doc- 
tor's Advice, or to go to some of the Northern Colonies for a few 
months, or to return home for the Recovery of my Health. 

I have baptized about ninety white & five black Children in my 
own Parish between last Midsummer & Christmas, and likewise 
visited St John's Parish & baptized Twenty five White Children. 
As part of this Parish lies along the Sea Coast, I expected some 
Benefit from the Sea air, but finding the people sickly, & poor accom- 
modations, I soon returned. As the hot weather is advancing verj' 
fast, I humbly beg. Rev'' Sir, as you value mj'^ health you will con- 
descend to give an answer as soon as possible, which, by the blessing 
of heaven, may be the means of prolonging my life, and will not 
fail to confer an additional obligation upon your already 
Very much obliged & most obedient servant 

JAMES REED, 
Miss'^ in Craven County. 



COLONIAL RECORDS. 245 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 219.] 

Governor Martin to the Earl of Rochford. 

NonxH Carolina New Bern, 

February 15'" 1772. 

I had the honor to receive this day your Lordship's letter to Gov- 
ernor Tryon bearing date the 2°'' day of August last, signifying the 
King's entire approbation of that Gentleman's conduct and his 
Majesty's gracious Pleasure, that his Royal thanks be expressed to 
the Troops of this Province who were in the field on the 16"" day 
of May last for their conduct and Bravery on that day. I am to 
assure your Lordship that I will fulfill his Majesty's commands 
herein without loss of time; and as the provincial Troops are now 
dispersed, and no longer in Military array I will declare his Majesty's 
pleasure in the public News Papers that are the most effectual means 
of communicating this mark of his Royal Favor. 

I have the great satisfaction to inform your Lordship that the 
prudeiit and vigorous measures taken by Governor Tryon seem to 
have had full effect; and that this country again enjoys the blessings 
of peace and tranquility which it is my duty and will be my study 
to maintain and preserve. 

I have the honor to be &c 

JO. MARTIN. 



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

Letter from Mr. Tomlinson to the Secretary. 

Newbekn', Feb'' 20'\ 1772. 
Reverend Sir, 

I have the favor of your letter of the 2S"' of Mar, for which, as 
well as for your other Favors, I return you my thanks. 

I must now request you to present my Sincere Thanks to the 
venerable Society, for their last Gratuity; & to acquaint them that 
it is my Intention to give up the School in tlie Spring. 

A close attention to Business in this liot climate, has considerably 
impaired my health — & I find it absolutely necessary to wind up 
my affairs, as the people are so much in Arrears to me. 



246 COLONIAL RECORDS. 



Mj' principal Reason however, for declining it is, some injurious 
Treatment which I received last Fall from the Incorporated Society: 
who, without the least previous public Disapprobation of my Con- 
duct, requested my attendance at one of their Meetings in last Sep- 
tember, & in the most indecent, ungenerous and arbitrary manner, 
attempted to dismiss me from my Office: as will appear by a Copy 
of their proceedings, taken from tlie Minutes, which, will be trans- 
mitted to you by the Rev'' M' Reed. 

Not contented with this arbitrary Exertion of Power, After having 
given me an Order,* in public Meeting, as well for my Salary as for 
the Education of the poor Gliildren, which had been long due to me, 
One of the members (to whom two more afterwards joined them- 
selves countermanded (out of Public Electing, & by his own Authority) 
the Order which had been given by the ivJiole Society, & forbade the 
Treasurer to pay me: — So that I have been obliged to commence a 
Law Suit for the Money. 

Lender these Circumstances, I was at a Loss, for some time what 
measures to take. But when I considered in what manner I had 
been used — That I had been charged with Misdemeanours, without 
knowiug who were my accusers, 

That I have been deprived of a Privilege as of one of the meanest 
of his Majesty's Subjects, by being condemned without a Hearing — 
and that I had not had even a Moment's warning to provide for 
myself — Animated with a just resentment again.st such unworthy 
treatment, and, at the same Time, not looking on myself as inca- 
pacitated from holding my Office till His Excellency shou'd revoke 
his License; I continued the School as usual; — yet not till I was 
solicited, in the strongest manner, by all my former Employers 
to a Man (three of tlie Families of the discontented Trustees only 
excepted). 

My Remonstrances against their Proceedings availed nothing. I 
found it had been the premeditated scheme of One Great Man, & 2 
of his Adherents (whom I had offended near two years before by 
correcting and turning out of School some of their cliildrcn for very 
notorious offences) to remove me at all Events. 

You will not doubt of the undue Influence which One Man has 
obtained over the rest, when you are acquainted, that all the rest of 
the Members tamely acquiesced with & severilely submitted to, his 

*Copy of thi.s SPiit in Mr. Reed's Packet. 



COLONIAL RECORDS. 247 



countermanding of my Order ; notwithstanding its Ijeing contrary 
to ever}' Principle of Justice. 

Nor have they ever yet dared to resent sucli an open Outrage 
offered to the whole Society; as to assert their Rights which he has 
thus wantonly violated & trampled upon. 

I wou'd have petitioned the Governor, in form, to indulge me 
with a i^ublic Hearing; but His Excellency, however desirous of 
giving me an Opportunity of justifying my conduct, gave me to 
understand, some tijiie after, that he had no legal Power to interfere 
in the Case. And the Trustees, on their side, jealous of the Power 
which was given them by Act of Assembly, absolutely disdained 
any Authority which His Excellency might or cou'd exert on the 
Occasion; and, as far as I cou'd learn, looked upon his License to 
me as no more than a Blank. 

Thus you see, I have been precluded from ever)' Avenue of 
Redress, or opportunitj' of justification. Yet I have the Satisfaction 
to acquaint you ; that tho' they have succeeded in taking away my 
Living, it has not been in their power to deprive me of the favor- 
able opinion which the people, in general, have been pleased to 
entertain of me here. And lest the Venerable Society should be 
inclined, from what has passed, to form any opinion of me to my 
Disadvantage; I appeal for every part of my private and public 
character to our late worth j' Governor Tryon — our present Governor 
(as far as he has had an opportunitj' of knowing me) — to the Rev'' 
Mr. Reed — & to the other Missionaries & Clergymen in the Province, 
to many of whom I am well known. 

Few people pass thro' this Life without being guiltj' of some 
Indiscretions, Misdemeanors, or Misconduct, in their respective 
Stations. It wou'd have been strange had I been an Exception 
from this g-eueral Observation. But even if I had actually mis- 
behaved, I shou'd have hoped that the Character I have hitherto 
borne would have Skreened me from such Treatment — unless they 
had found that their former Admonitions, or Reprimands had been 
lost upon me. 

The List of Debts (which Mr Reed will furnish you with) due to 
me at the Time of my Dismission, tlie greatest part of which is 
still due, & for a great part of which I must be obliged to Sue, & in 
all probability maj^ not recover in less than 18 months, is another 



248 COLONIAL RECORDS. 



It wou'd amaze an Englishman to hear, that a single Man should 
be upwards of fifty pounds in my Debt for the Education of their 
Children. And yet it is no more than Truth. 

From whence you may gather, that if I had not been very 
frugal, & been generously assisted by the Society, it wou'd have 
been no easy matter for me to have supported myself. 

But I shall drop the Subject & refer j^ou to the Rev* Mr. Reed, 
who will trace everything to its Source, & unravel all their Secret 
Plots & Machinations against me. And I do not doubt but it will 
appear to ji^ou, from a fair & impartial Narrative of Facts, that they 
have been actuated, in this precipitate Step, by the most vindictive 
Malice; and been guilty of a most flagrant Abuse of Power. 
I am Rev'' Sir, 

Your most obliged &c 

THOS. TOMLINSON. 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 24. J 

To THE King's most Excellent Majesty. 
May it please your Maje.sty, 

We have had under our consideration four Acts passed in your 
Majesty's Province of North Carolina, in Jan"^ 1771, intituled 

1. An Act for preventing Tumults and riotous Assemblies for the 
more speedy and effectual punishing the Rioters and for restoring 
and preserving the Pul^lic Peace of this Province. 

2. An Act for founding establishing and endorsing of Queen's 
College in the Mecklenburg County. 

3. An Act for authorizing Presbyterian Ministers regularly called 
to any congregation within this Province to solemnize the Rites of 
Matrimony under the regulations therein mentioned. 

4. An Act to encourage the further settlement of this Province. 
The first of these Acts was passed for the purpose of preventing 

Disturbances and insurrections, to which of late the Province of 
North Carolina has been exposed, and contains many usefuU and 
proper regulations, nevertheless, we cannot pass over a Clause, which 
enacts that upon Indictment found or presentment made against 
any person for any of the Crimes described in the Act, the Judges 



COLONIAL RECORDS. 249 



or Justices of the Court shall issue their Proclamation to be affixed 
or put up at the Court House and each Church and Chapel of the 
County wherein such Crime was committed, commanding such 
Offender to surrender within sixty days and stand trial ; on failure 
of which he shall be deemed guilty of the Offence charged in the 
indictment found or presentment made ; and it shall be lawfull for 
any one to kill and destroy such offender and his lands and Chat- 
tels shall be confiscated to the King for the use of Government. 

Upon this Clause M' Jackson one of your Majesty's Counsel at Law 
to whom we referred this Act observes although the circumstances 
of the Province may excuse the inserting such Clause in this Act, 
yet that it is altogether unfit for any part of the British Empire and 
therefore he submits, tliat the said Act is fit to be repealed, and 
altho' from late Occurrences in North Carolina, the Legislature of 
that Province may be warranted in some extension of the penal 
Laws against riotous and disorderl}' persons, yet we cannot but think 
this Clause highly exceptionable as being full of danger in its opera- 
tion and irreconcileable to the principles of the constitution dejariv- 
ing withal, the crown of its prerogative of extending mercy to 
Offenders, by committing the execution of the Law into the hands 
of the subject; nevertheless, as the total Rej^eal of the Act, might in 
the present State of Affairs sensibly endanger the Peace and safety 
of the Province and revive perhai^s, that dangerous spirit amongst 
some of the Lihabitants (as yet not wholly subsided) which has been 
productive of so much Tumult and confusion more especially as the 
Act by its own limitation in time, is now upon the point of expiring ; 
We are humbly of opinion that it will be adviseable for your JLajesty 
to instruct and direct your Governor of North Carolina to recom- 
mend to the Legislature in case they shall proceed to enact a new 
Law for- the above general purposes, to pass it with an exception as 
to the Clause in question or with such altei-ation and Amendment 
thereof as shall free it from the Objections above stated. 

The Second of these Acts is for the Institution and Indowment of 
a College and M'' Jackson, to whom it was referred has reported no 
objection thereto in point of Law, M' Tryon yOur Majesty's Governor 
of North Carolina, in his letter of the 12"' of March 1771 observes 
upon this Law, "that it is l.)ut the Outline of a foundation for the 
"education of youth that the necessit}- for such an institution in that 
"Country is obvious and the propriety of the mode therein adopted 
"must be submitted to your ilajesty: that although the President is 



250 COLONIAL RECORDS. 



" to be of the established Church and licensed by the Governor yet the 
"Fellows, Trustees and Tutors he ajsprehends will be generally 
"Presbyterians, the College being promoted by a respectable Settle- 
"ment of that persuasion from which a considerable Body marched 
"to Hillsborough in Sepf 1768 in support of Government." 

From this Report of your Majesty's Governor and from the Preva- 
leney of t-he presbyterian persuasion within the County of Mecklen- 
burgh we may venture to conclude, that this College if allowed to be 
incorporated will, in effect operate as a Seminary for the education 
and Instruction of youth in the Principles of the Presbyterian 
Church, sensible as we are of the wisdom of that tolerating Spirit, 
which generally prevails throughout your Majesty's Dominions and 
disposed as we particularly are in the Case before us, to recommend 
to every reasonable Mark of favour and protection a Body of Sub- 
jects who by the Governor's Report have behaved with such loyalty 
and zeal during the late Troubles & disorders still we think it our 
Duty to submit to your Majesty, whether it may be adviseable for 
your Majesty to add Incouragement to toleration by giving the 
Royal Assent to an Establishment, which in its consequences prom- 
ises with great and permanent Advantages to a sect of Dissenters 
from the Established Church who have already extended themselves 
over that Province in very considerable numbers. 

By this Act, a Duty of six pence "^ Gallon is laid on all Rum and 
other spirituous Liquors brought into and disposed of in Mecklen- 
burgh County, as a Fund for raising a Revenue for support of the 
Institution ; In what manner this clause may operate as a Tax upon 
the consumption of British Spirits or from the looseness of its word- 
ing how far it may be strained to exempt Spirits manufactured 
within this County from the duty imposed we cannot jaretend to 
forsee; but it should seem that a Foundation professedly for general 
uses, ought not in regularity to be supported by a Tax partially 
imposed ujjon any one County in particular; But when to the above 
observations we add that this Law is not accompanied by a Clause 
of suspension, though it clearly comes under the description of those 
Acts, which by your Maje.sty's Instructions are directed to be so 
passed, as being of an unusual and extraordinary nature & impor- 
tance, and persuaded as we are of what consequence it is on all occa- 
sii;>ns to enforce this your Majesty's Instructions, We do not hesitate 
humbly to recommend to your Majesty to signify your Royal dis- 
allowance of this Act. 



COLONIAL RECORDS. 251 



The third Act which is passed with a clause of susi:)eiision, pro- 
poses to repeal so much of a former Act for establishing an Orthodox 
Clergy and also of one explanatory thereof, as relates to the pro- 
hibition of Presbyterian Ministers from solemnizing the Rites of 
Marriage b}- publication of Banns in their Meetings or lny License 
without paying a Fee of Twenty shillings to the Episcopal Minister 
or Incumbent of the Parish. This Prohibition, Ijy the Act now 
submitted is intended to be taken off and the Presbyterian Ministers 
allowed to celebrate the Rites of Marriage by publication of Banns 
in their religious Assemblies or by Licen.se first had and obtained 
without payment of any Tax or Fee for such secvice, to the reg- 
ular Incumbent of the Parish. 

This regulation, maj' it please your Majesty, appears to us to Ije 
exceptionable as being calculated to deprive the Orthodox Clergy of 
a Fee or Perquisite settled and imposed by Act of Assembly and 
in efiect to operate as a Bount\' to the tolerated Religion at the 
exj^ence of the established, and we do therefore humbly propose to 
your Majesty to signify your Royal Disallowance of this Act. 

By the fourth and last of these laws, persons coming immediatel}- 
from Europe, in any Vessel, for the purpose of settling in this 
Province are declared exempt from paying any publick, County or 
Parish Taxes for the term of four j-ears next after their arrival and 
your Majesty's Governor reports "that it was enacted in behalf of 
several Ship loads of Scotch Families, which have been landed in 
that Province within three years past from the Isles of Arran, 
Durah, Islay and Sijha but chief of them from Argyleshire and 
that they are mostly settled in Cumberland County; that the 
numbers of these new settlers are comjiuted at sixteen hun- 
dred Men, Women and Children ; that the reason thej^ alleged for 
coming to America was that the Rents of their Lauds were so raised, 
that they could not live v;pou them, and those, who were particularly 
encouraged to settle there by their Countrymen, who have been 
many j'ears settled in that Province." 

M' Jackson, in reporting upon this Law submits " whether the 
encouragement of exemption from Taxes should not liave lieen 
extended to all persons as well as to those, who shall come immedi- 
ately from Europe; inasmuch as such exclusive encouragement 
may have a Tendency to increase the Migration from your Maj- 
esty's European Dominions. 



252 COLONIAL RECORDS. 



The prejudice to be apprehendeil to the landed Interests and 
Manufacturers of Great Britain and Ireland, from the Emigration 
of the Inhabitants to your Majesty's American Colonies, has been 
frequently matter of consideratioi\ at this Board and was particu- 
larly insisted upon in our Report to the Lords of the Committee of 
your Majesty's Council of the 21^' of June last, on the subject of a 
Petition from sundry persons, Inhabitants of the Isle of Skye, for a 
grant of forty thousand Acres of Land in the said Province of North 
Carolina. We agree therefore with jM' .Jackson in his Objection to 
the principle of the above Law and humbly recommend to your 
Majesty to signify your Royal Disallowance of this Act. 
All which is most humbly submitted 

HILLSBOROUGH 
SOAME JENYNS 
JOHN ROBERTS 
BAMBER GASCOYNE 
GREA^ILLE 
W JOLIFFE 
Whitehall Feb'^ 26 1772. 



[B. p. R. O. All. & W. IND.: No. Carolina. Vol. 219.] 

Letter from Governor Martin to Sec''' Hillsborough. 

North Carolina New Bern, 

March 1" 1772. 

I have the honor to transmit to your Lordship herewith a Dupli- 
cate of the Journal of the last Session of Assembly A Cop}' of the 
Journal of the Council as an upper House of the General Assembly 
its Minutes as a Privy Council Duplicates of my Despatches from 
N° 6 to N° 9 both inclusive and Coj^ies which I have at length 
obtained of the Acts of the late Session to which I gave my assent 
being twenty three in Number. 

The first whereof is intituled 

1". An act for imposing a Tax of two shillings proclamation 
Money ^ Poll on all taxable persons within this Province and for 
granting the money arising from such a Tax to his Majesty his 
Heirs and Successors to be applied as herein after directed. 



COLONIAL RECORDS. 253 



My assent to this Act under the exhausted circumstances of the 
principal Treasury became not only expedient but indispensible to 
the payment of the Militia Forces employed in support of Govern- 
ment in the late insurrection, for which the public faith stood 
engaged, it may be justl}' apprehended that the peace of tlie prov- 
ince would have been yet more deeply wounded by default of such 
provision for their recompence and it would have diminished if not 
alienated the zeal and affection of his Majesty's Subjects who stood 
forth with so much Loyalty and Spirit in that great emergency. 

The second is intituled 

2^. An Act to alter the Method of working upon the Roads in the 
Counties therein mentioned. 

"Which its obvious utility induced me to pass. 

The third is intituled 

3"'''. An Act to impower the church "Wardens and "Vestrymen of the 
Parish of St Gabriels in tlie County of Duplin to sell the Glebe in 
the said Parish and County. 

To this Act I gave my assent on evidence that the Glebe was bad 
and inconvenient in point of situation and that it, was for the bene- 
fit of the Rector and his successors that it should be changed for 
another situation. 

The fourth is intituled 

4'\ An Act to enable the Freeholders of the Parish of S' Jolni in 
tlie County of Pasquotank to elect a vestry and provide for their 
poor. 

The number and distress of the poor in this Parish engaged me 
to give my assent to this temporar}' act for their relief. 

The fifth is intituled 

5*. An act for appointing an Agent to solicit the affairs of this 
Province at the several Boards in England. 

To which I assented in Conformity to his Majestys Royal 
Instructions. 

The sixth is intituled 

C". An Act to amend an Act intituled an Act " what Fences are 
sufficient" and to amend and continue an act relating to taking up 
stray horses. 

The malicious and wanton injuries daily done to stray horses and 
cattle in this Province on pretence of trespass evinced to me the 
expediency of this Act and induced me give my assent thereto, its 



254 COLONIAL RECOEDS. 



diction has not all the precision and perspicuity I could -n-ish altho' 
I recommended it to be corrected. 

The seventh is intituled 

7'". An Act to impovver the Freeholders of the several Parishes 
therein mentioned to elect Vestries for their respective Parislies. 

The Machinations of the Presbyterians to defeat the Vestry Laws 
in these parishes have been so successfull and the inconveniences 
arising thence so manifold that I conceived this Law to be indis- 
pensibly necessary to correcting parochial grievances wherefore I 
assented to it. 

The eighth is intituled 

8"". An Act for the further enabling Francis Locke, Andrew Alli- 
son, Griffith Rutherford and William Temple Coles former Sheriffs 
of Rowan County to Collect the arrearages of Taxes. 

The great arrears to the public and the difficulties Slieriffs have 
met with in the Collection of Taxes in this part of the province in 
particular evinces the necessity of such power and indulgence as is 
given by this Act and I therefore could not withhold my consent. 

The ninth is intituled 

9'". An Act to amend an Act intituled an Act for founding, estab- 
lishing and endowing of Queen's College in the Town of Charlotte 
in Mecklenburg County. 

The design of this Act being to invest the Trustees and Fellows 
with the powers of Graduation during the absence of the President, 
who is now out of the province, without which the Institution would 
be imperfect I thought it proper to assent thereto. 

The tenth is intituled 

lO"". An Act to indemnify such persons as have acted in defence 
of Government and for the preservation of the peace of this prov- 
ince during the Insurrection from vexatious suits and prosecutions. 

Considering this Act calculated, to give that protection wliich I 
considered to be due from Government to the loyal Inhabitants of 
this Province who by their well directed vigour and spirit had 
delivered it from a state of Civil War and that it might be presumed 
in default thereof that these principles would be discouraged if their 
loyalty and zeal were not quite extinguished by the persecution to 
which they would have been left exposed in this Country where 
there prevails a proneness to contention without example: or that 
on a future emergency they would have been found inactive and 
impotent from the dread of consequences. I could not hesitate to 



COLONIAL RECORDS. 



give my assent thereto, and I humbl}^ rely my Lord upon tlie P'orce 
of these reasons to justify me to my Royal Master for departing from 
the letter of his Majesty's Instructions in passing this Act of extra- 
ordinary nature without a suspending Clause that would have 
defeated its design by giving time for the operations of malice and 
disloyalty which were already concerting to embarrass those cham- 
pions of the public tranquility. . 

The. eleventh is intituled 

11"'. An Act to amend an Act intituled an Act for regulating the 
pilotage of Cape Fear River and other purposes. 

The manifest expediency of this Act to preserve and facilitate the 
navigation of this best port in the province induces my ready assent 
to it. 

Tlie twelfth is intituled 

12'". An Act to amend an Act intituled an Act for regulating the 
several Officers Fees within this province and ascertaining tlie 
method of paying the same. 

Finding great and unjust clamours raised against Governor Tryon 
for taking exhorbitant Fees for services not provided for -by former 
Laws, in order to obviate every possible ground of complaint upon 
this of all subjects the most invidious I desired the Assembly by 
message on the sixth day of December, which will ajapear on their 
•Journal, to ascertain by Law all the Fees of my Office. This Act 
was accordingly framed for that purpose and I have the satisfaction 
to see and to assure your Lordsliip that the House hath adopted th(^ 
very moderate and rea.sonable rules of that Gentleman, making them 
the standard by which they have now regulated the Governor's 
Fees, with exception of a very few cases where they have raised 
instead of finding room to lessen them. This is irrefragably proof 
of the equity of Mr Tryons conduct, highty honorable to him and 
to which I bear Testimony with the truest pleasure. By this Act to 
which I trust my principle will justif;y' my assent, The fees of the 
County Registers are settled also upon a very moderate footing. 

The thirteenth is intituled 

13"". An Act to continue an Act intituled an Act to encourage the 
destroying of Vermin in the several Counties therein mentioned. 

The utility of which is so obvious that I trust it will warrant my 
as.sent given thereto. 

The fourteenth is intituled 

14"". An Act to impower t!ie Officers t':erein mentioned in certain 
cases to take the Poll at the Election of Members to serve in the 



256 COLONIAL RECORDS. 



General Assembly. The design whereof is to give power to the 
Crown in default of a Sheriff in any County to take the Poll at Elec- 
tions, a regulation that I conceive to be expedient in this wide 
extensive Colony where an election in the case of a Sheriffs death or 
absence must be long postponed. I therefore assented to it as it 
does not appear in my Judgment repugnant to the 14'" Article of 
his Majesty's Listructions and provides again.st any possible contin- 
gencies and inconveniences. 

The fifteenth is intituled 

15"'. An Act to enlarge the time for several Sheriffs to settle their 
Accounts M'ith the Justices of the Superior Courts of Pleas and 
Quarter Sessions of the Counties therein mentioned. 

The Public Commotions and the lawless opposition heretofore 
made to Sheriffs in these Counties have made it expedient to extend 
the time allowed them by former law referred to in the preamble of 
this Act to collect the arrears of Taxes and to settle their accounts, 
and are the grounds of my assent. 

The sixteenth is intituled 

IG"'. An Act for amending an Act intituled an Act for erecting 
in the Town of Salisbury a Public Gaol Pillory and Stocks for the 
district of Salisbury in 'this Province. 

The provisions to be made by this Act so essental to the complete 
adininistration of Justice not having been made under the former 
Act by reason of the Tumult and violence that reigned during the 
late insurrection in that part of the Country and this Town being 
one of the Seats of the Superior Court of Judicature my assent to it 
became a matter of course. 

The seventeenth is intituled 

IT"". An Act for the better regulation of tlie Town of New Bern 
and for securing the Titles of persons who hold Lots in the said 
Town. 

This Act seems well calculated to preserve regularity and order in 
building the Town and altho' it may api^ear to affect private prop- 
erty I am assured it is a plan that meets with universal concur- 
rence and I therefore assented to it. 

The eigliteenth is intituled 

18"". An Act for laying out a Town on the Lands of Richard Evans 
in Pitt County by the name of Martinborough. 

This Place is considered to be convenient for Trade and a Town 
being in request among the people of the County I was induced to 



COLONIAL RECORDS. 257 



pass this Act for its Grection and to accejat tlie compliment designed 
^o me by its name. 

The nineteentli is intituled 

19"". An Act for building a Court House in tlie Town of Salisbury 
for the district of Salisbury. 

The Court House in this place that is a Seat of the Superior Court 
is in a ruinous state; the design of this Act commanded therefore my 
assent. 

The twentieth is intituled 

20"". An Act to amend an Act intituled an act for the regulation 
of the Town of Wilmington. 

The obvious necessity for preventing encroachments b}- building 
upon the Streets and preserving regularity in this Town which hath 
frequently and very recently suffered very great calamities by fire 
could alone have engaged my assent to this Act whereby so great a 
power is vested in Commissioners over the property of their fellow 
Citizens. It may be likewise liable to exception by laying the onus 
probandi on the defendant in cases of persons trafficking with Negroes, 
but notwithstanding it seems to be inducive of perjury which it 
seems to be wished could be obviated, it appears to be the only 
means of detecting the base practices that are carried on by the low 
people in the Towns wdio are pandars to abettors of the Thefts and 
vilanies committed by the Negroes. There is also in it an obvious 
inconsistency between the term fixed for the election of Commis- 
sioners and the duration of the act that arose from inattention to 
that preceeding direction when an alteration of six years to two was 
made with respect to the latter by my prescription as a condition of 
my assent to such an act as I thought should have a short time of 
probation before it was made more permanent. 

The twenty first is intituled 

21". An Act for erecting in the Town of Hillsborough a public 
Goal and Coalers House for the district of Hillsboro in this Province. 

The establishments intended by this Act in this Seat of the Supe- 
rior Court are so necessary as to render my assent to it indispensible. 

The twenty second is intituled 

22''. An Act for laying out a public Road from the Frontiers of 
this Province through the Counties of ilecklenburg Rowan Anson 
and Cumberland to Campbelton. 

The manifest tendency of such communications to civilization 

VOL. IX — 17 



258' COLONIAL RECORDS. 



and the extention and improvement of commerce readily induced 
my assent to this Act. 

The twenty third is intituled 

23"'. An Act for appointing and impowering Francis Mosely of 
Anson County and -James M^Coy of Rowan County to collect and 
receive the Taxes which are due from the Inhabitants of the said 
Counties for the year 1770. 

For want of Sheriffs who were deterred from qualifying for this 
Office in these Counties by the disorders that prevailed there during 
that year no taxes were levied, regard to public economy there- 
fore naturally and necessarily engaged my assent to this Act. 

I am to inform your Lordship that I rejected at the same time a 
Bill for erecting part of the Counties of Halifax and Tyrrell into a 
County and Parish as being inconsistent with the ll"" Article of 
his Majesty's Instructions. 

A Bill to discontinue the Poll Tax of Is. and duty of 4d ^ gallon 
on Rum Wine and other spiritous Liquors being contrar}^ to Act of 
Parliament and inconsistent with the public faith, And a Bill for 
striking debenture Bills on Bank Paper to the amount of £120,000 
proclamation money to be exchanged for all such Debenture and 
Tender Bills as may be in circulation in this province as self 
inconsistent and rebelling against the Act of Parliament of the 4* 
of his present Majesty relating to paper Bills of Credit. I shall be 
most happy my Lord to find . this my first essay in Legislation 
meets with his Majesty's and your Lordships aj^probation but 
sensible as I am of my own frailty and inexperience, I cannot sup- 
pose my conduct blameless, at the same time that I can assure your 
Lordship that if I have committed error it is the fault of my Judg- 
ment not of my heart. 

I am mortified at finding it out of my power to transmit to your 
Lordship a list of the Taxables for the past year owing to the 
remissness of the County Court Clerks of whose conduct I have 
great reason to complain in this and other instances of which I 
shall soon write to your Lordship at large. I must also pray your 
Lordships excuse for not sending an account of the Negroes imported 
into this province since my arrival the Collectors of the Customs 
having not yet made Report of them to me. I hope however 
very soon to furnish your Lordship with these returns and an 
account of the Inhabitants which I find it extremely difficult to 



COLONIAL RECORDS. 259 



obtain, the Sheriffs not caring to perform a service that yields them 
no profit. 

Near a thousand people have arrived in Cape Fear River from 
the Scottish Isles since the Month of November with a view to set- 
tle in this Province whose ptrosperity and strength will receive 
great augmentation by the accession of such a number of hardy 
laborious and thrifty people. 

I have the honor to be &c 

JO. MARTIN. 

P. S. The Lists of Taxables have been heretofore extremely erro- 
neous by which your Lordship, the Governor and the Public have 
been imposed upon, of this I have lately obtained full proof It is to 
be imputed to the negligence or infidelity of the Magistrates or 
County Court Clerks or both, I shall endeavour with the utmost care 
and attention to correct this abuse for the future although I am 
aware of great difficulties in it from the M^ant of a proper order of 
people out of wliich to select Magistrates. 



[B. P. R. O. No. C.\R. B. T. Vol VT.J 

Letter from his ilajcsties Post Master General to the Board. 

General Post Office, March 4* 1772. 
To THE L(_)KDs Commissioners of Te..\de and Plantations. 

"We have received M' Pownall's letter of the lO"" instant with the 
Copy of an Act passed in North Carolina in February 1771, to 
encourage and support the Establishment of a Post Office in that 
Province and beg leave to observe to your Lordships thereupon that 
by a Clause in the Post Office Act of the 9"" of Queen Anne the 
Riders with His Majesty's Mailes are to pass the Ferries in North 
America without any expence to this Revenue and the Ferr^-men 
are liable to a Penalty of £5. if they do not within one half hour 
after Demand convey them over. We nevertheless think ourselves 
obliged to the Assembly for their Attention to the support and 
encouragement of Correspondence in tliat Province and have no 
doubt the Reward they propose to be given to the Ferrymen by the 
first and second Clauses in the Act may have a very good effect in 



260 COLONIAL RECORDS. 



expediting the Mails but we apprehend the third enacting Clause 
requiring the Deputy Postmasters to pay a shilling "^ mile in cer- 
tain cases cannot be approved ; if the Assembly had indeed thought 
proijer to make any allowance for forwarding the Mails on extraor- 
dinary Occasions to be paid by their own Treasurer we could have 
had no objection. 

We therefore submit to your Lordships whether it would be proper 
ha a case so circumstanced to advise his Majesty to give his consent 
to that Act though we hope the Assembly will agree to another 
without introducing the third Clause as it now stands. 

We have the honor to be &c., 

L. DESPENIER 
W. THYNNE 



[B. P. R. O. Am. & W. IXD.: No, Carolina. Vol. 219.] 

Letter from Governor Martin to Secretary Hillsborough. 

North Carolina New Been 

March C* 1772. ■ 
My Loud, 

Pursuant to his Majesty's Royal Instructions I have applied myself 
closely to enquiring into the state of the King's Revenue, of Quit 
Rents in this Province, which I find upon so bad a footing from the 
report of the Receiver General that the annual collection has not 
nearly sufficed to paj' the Civil List tliat is charged upon it amount- 
ing only to £455 sterling '^ annum, altjiough the Rents upon his 
Roll that is very inaccui'ate and defficient for want of a sufficient 
compulsory law to oblige Occupants of Lands to declare their pos- 
sessions under the Crown amount to more than £5000 proclamation 
money '^ annum. This as Mr. Rutherford tells me arises in part 
from the want of a Medium of circulation until the emission of 
Debenture Notes for £60,000 under the Act of the last session of the 
Assembly that is already actually compleated paid to the Troops 
and in circulation much sooner than I expected by the alacrity with 
which the base and false substitute of specie is manufactured here 
and to my great consolation with little effect upon exchange far less 
than I apprehended. 

The greater cause however of the Receiver's defficient collection 
he assures me is the suspcnce of many of the suits brought against 



COLONIAL RECORDS. 201 



the tenants by him in behalf of the Crown for Rents which not only 
defends the persons immediately sued but has a more extensive 
influence by encouraging others who are well able to pay the Crown's 
dues in the same delinquency seeing that prosecution at law is not 
made a sufficient remedy which has happened fi'om the supineness 
and delay of persons who have been employed on the i^art of the 
Crown before his Majesty's appointment of M"' McGwire to the office 
of Attorney General in this province to whom upon this information 
I have written exhorting him forthwith to bring to issue all such 
suits as are now depending and to cooperate with the Receiver Gen- 
eral henceforth more vigorously to enforce the payment of his Maj- 
esty's Revenue of Quit Rents. The deputj^ Auditor General living 
in a very remote part of the province M' Rutherford cannot get 
his accounts audited until next May; as soon as he furnishes 
me with them I shall not fail to transmit them to your Lordship 
and to the Lords Commissioners of his Majesty's Treasury pursuant 
to the Royal Instructions. 

I most humbly beg leave again to offer my opinion to your Lord- 
ship of the expediency of the Crown making purchase of the Pro- 
prietary of Earl Granville in this Province that I am assured is now 
on s&le at a price between 60 and £80,000 sterling not as an advan- 
tageous bargain in point of profit in which light it may be well con- 
sidered for I am confident it would yield in two years time ten ^ 
cent to the purchasers with the aid of a Quit Rent Law M'hich would 
then under certain limitations that I shall hereafter humbly sug- 
gest, meet with no opposition that now all arises from the tenants of 
that district under dread of making a precedent of regard for their 
Landlord to whom they owe great arrears. I am induced My Lord 
to recommend it upon principles of public good vdiich I am con- 
vinced will weigh more with his Majesty and meet with all due 
attention as a sure means of uniting his People in this Province now 
held in division by the Proprietary which erects a separate interest 
in its heart and of giving permanent peace and felicity and new 
prosperity to the whole Country. 

I am credibly informed M}^ Lord by the last Agent for Earl Gran- 
ville's Proprietary here that in the j^ear 17G6 the Quit Rents of that 
district exceeded £6000 proclamation monej' '§ annum since which 
time Lands have been arbitrarially settled hy emigrants that when 
patented would produce half as much more at least and I can 
venture to affirm that the emigrants who would be induced bv the 



262 COLONIAL RECORDS. 



well known fertility of the soil and the delicacy and salubrity of the 
climate in that part of the Province as soon as it should be known 
that the}' could obtain titles to these lands would very shortly take 
up lauds to double the whole amount. 

If His Majesty upon these principles of solid advantage to the 
general happiness and welfare of this Province shall be graciously 
pleased to purchase Lord Granville's Proprietary I would humbly 
propose a remission of the arrears of Quit Rents to the last year pro- 
ceeding the purchase on condition that all Occupants of Lands take 
out patents under the Crown immediately who have no titles under 
the Proprietor which is the case of very many, and I am of opinion 
that the Quantum of Land to be allowed to each of these obtruding 
arbitrary settlers should be ascertained that is to say that their first 
patents should not exceed 2, 3, or 400 acres more or less in proportion 
to their families and slaves in order to prevent monopolj^ which the 
excellence of those lands will engage them to attempt. I think it 
may be for the interest of the Crown to grant the same remis.sion of 
the arrears of Quit Rents universally to its present tenants as a 
means to induce an effectual Law for the collection of the Revenues 
that shall comprehend the whole Province. The rigorous exaction 
of the arrears of Quit Rents in Lord Granville's district that have 
accumulated to great amount, it is to be feared would be pro- 
ductive of great commotion and discontent if it did not create open 
Rebellion among a people, who, rooted by Interest and affection to 
their soil have long declared they would rather jjerish in resistance 
than quit their lauds. The Rents of which grown to large sums, 
many of them are not able and none willing to pay. The very 
api^rehensions of such a measure in case the proprietary which they 
have heard is at sale be transferred to j^rivate hands has already 
caused a ferment among them, that will not fail to break forth 
in violence if it is attempted. The King's purchase of it will bauish 
every dread of oppression combine all parts of the Province in the 
same Interest, and under one head, and give to it that good order 
and tranquility which it is universally believed and acknowledged 
can never otherwise obtain and it is moreover certain that it will 
be a perpetual source of evil and discord instead of yielding 
advantage to this Province, while as in the present circumstances 
of things the swarms of emigrants that continuallj' intrude and seat 
themselves arbitrarilly upon this proprietary^ claim exemption 
from Taxes under pretext that the}' cannot establish freeholds in the 



COLONIAL RECORDS. 2G3 



lauds they occupy Lord Granville Iiaving liad no Agent here since 
the year 1766 to manage his affairs and to grant his lands. 

Permit me to remind your Lordship that I am not yet furnished 
M'ith the Instructions you encouraged me to hope for in j'our Lord- 
shij^s letter N" 2. Concerning a Quit Rent Law in my humble 
opinion that which Governor Trj'on rejected the Session before his 
departure will be effectual with exception of part of the Clause that 
gives power to the delinquent tenant to estal:>lish his right in the 
lands sued, by paj'ing the Quit Rents and costs after the prosecutor 
had made proof of the forfeiture and petitioned for the land which 
would preclude all information and discovery. 

I have the honor herewith to transmit to your Lordship a list of 
the Patents granted at the last Court of Claims held here in Novem- 
ber and December being_ in number 487, of which N° 58, 106 and 
469, were set aside and cancelled and a Caveat was entered against 
N° 216. Issued Warrants to the Surveyor General at the same time 
from N° 1 to 599, of which N° 310 and 359 were withdrawn and a 
Caveat was entered against N° 47. 

With the advice of his Majesty's Council I have issued Writs for 
the Election of a new Assembl}' returnable on the 11"' day of May 
next but I am hopeful that the state of the Province will enable me 
to postpone its meeting until a more healthy Season, the elections 
will come on the 10"" of this month. 

Don Miguel D Armida and ten more Spaniards whom I have 
mentioned in former Letters to your Lordship at length sailed from 
hence in a Brig bound to Gibraltar on the lO* of last month express- 
ing the greatest content and satisfaction and the utmost gratitude for 
the hospitable Treatment they met with during their sojourn here 
and the highest encomiums on our mild and happy constitution of 
Government. I have the honor to be &c 

•JO. MARTIN. 



[B. P. R. O. Am. & "SV. IXD.: No. C.\rolixa. Vol. 219.] 

Letter from Governor Martin to Sec'^' Hillsborough. 

North Carolixa New Been, 

March";" 1772. 
My Lord, 

I have the honor to inform your Lordship that M'' Strudwick 
having arrived here and satisfied me bv sufficient evidence that he 



264 COLONIAL RECORDS. 



has rented the Secretary's Office in this Province of AP Falkner the 
Patentee and produced at the same time his Majesty's Warrant under 
the Royal Sign Manual granting to him the Office of Clerk of the 
Pleas here during his Majesty's Pleasure and directing a Patent to 
be made to him : therefore in obedience to his Majesty's commands 
I have accordingly issued such patent, and M' Strudwick has quali- 
fied before me to these several Offices and to those of Clerk of the 
Crown and Clerk of the Council, that are involved in that of Prov- 
ince Secretary. 

As I am directed by his Majesty's Royal Instructions to communi- 
cate from time to time what I shall think for the advantage of his 
Majesty's C4overnmeut and the advancement of the public good in 
this Province, I hold it my duty humbl}' to ofier to your Lordships 
consideration my sentiments in relation to tlie office of Clerk of the 
Pleas. 

The Hi.story of its creation into a separate office here is somewhat 
curious and I apprehend quite unknown to j'our Lordship, the 
powers of it had been involved in the Office of Secretary and con- 
fessedly exercised by him time immemorial until after the late M' 
Heron became Tenant of that Office under lease from the present 
Patentee. At this time My Lord there were eight precinct Courts 
in the whole Province to which the Secretary appointed Clerks or 
DeiKities when M' Heron availing himself of the custom of an Office 
under the Title of Clerk of the Pleas in South Carolina in which 
province there "was then only one General Court held at Charles 
Town and seeing it at once the example which suggested and that 
might give Colour to the stratagem he was afterwards to put in prac- 
tice although it was obviouslj'' a precedent that would not apply to 
the circumstances of this Province of very different constitution by 
an address that cannot be remembered to his honor engaged Gov- 
ernor Dobbs to erect an Office of the same name here in his person 
in the year 1761. Upon the strength of this appointment M'' Heron 
went to England and the Governors recommendation for his Maj- 
esty's confirmation which he obtained by the Royal Warrant bearing 
date at S' Jame's the 27"" day of January 1762. By this sinister 
proceeding your Lordship will see he cut out of the Secretary's Lease- 
hold Office a distinct appointment for himself immediately under 
the Crown holding the Patentee blinded .to a transaction in which 
he had so flagranti j^ betrayed his interests and which he had carried 
on thus secretly, altogether witliout his participation or consent by 



COLONIAL RECORDS. 265 



continuing the same rent of £250 sterling ^^ Annum for the Secre- 
tary's Office after he had abridged it of its best appendage contented 
as he M'ell might be (liaving it seems no very scrupulous delicacy of 
conscience) to secure at so insignificant a price an independant right 
to the office of more certain emolument of which he had so cunningly 
and clandestinely divested his principal and upon a better tenure. 

M' Heron having thus far effected his design returned hither and 
in order to give the grea'ter scope and power to his new Office made 
interest so successfully with the Assembly under the Governor's pat- 
ronage that an Act was passed in the latter end of the year 1762 for 
erecting inferior Courts of Pleas and Quarter Sessions, in the several 
Counties of the Province which abstracted of its relation to M' Her- 
on's Office was certainly an improvement in the constitution of this 
country as it tended to facilitate the administration of Justice ; by 
this Act niiy Lord the Clerk of the Pleas is directed to appoint a 
Clerk to each County Court during good behaviour upon his enter- 
ing into bond with the Justices in one thousand pounds for the safe 
custody of Records and faithful discharge of his Office while he the 
principal, who is to make these subordinate appointments holds his 
Office during pleasure only a solacism that I must concede invalid 
in Law as repugnant to common sense at which however he con- 
nived, as he actually submitted to the retrenchment of his jiower 
ineffectually as I think designed b}' it in order to gain quiet admis- 
sion and establishment of his Office wliich met with most unwel- 
come reception. 

In consequence of all these arrangements My Lord M"' Heron pos- 
sessed himself of an Office of greater Influence than belongs to his 
Majesty's Governor of the Province, the Clerk of the Pleas has now 
the appointment of thirty four Clerks in the Counties in this prov- 
ince which have increased from time to time to that number, the 
Clerkships as I am informed are worth from £50 to £500 per annum 
of which the Clerk of the -Pleas receives a proportionate share in 
acknowledgment for his ajipointment. The gentleman who holds 
this Office under a Commission from Governor Tryon in the interval 
between M' Heron's death and the late arrival of M" Strudwick^^M' 
Hawks a very ingenious and worthy man at my instance has fur- 
nished me with a schedule of the rents of these numerous Clerks 
that run from £40 of which there is one only rated so high to £30 of 
which there are only two six more of and above £20 thence decreas- 
ing so low as to £4 annual Rent, in the whole however amounting 



266 COLONIAL RECORDS. 



to £560 '^ annum an handsome income from an absolutely sinecure 
Office, hence your Lordshii^ will perceive that the County Court 
Clerks are tributaries of the Clerk of the Pleas who conferrs his 
appointments upon the best bidders, hence these offices of great 
importance are filled with persons not chosen for loj'alty, integrity 
and abilit}' which should be the sole grounds of their election, and 
hence they are led to extortion ujion the people to indemnify them- 
selves for the Clerk of the Pleas participation of their profits with 
impunity for most strangely taught to consider himself independant 
of his principal by the Province Law that makes these Offices ten- 
ures during good behaviour and sure of the connivance of the 
Magistrates who being for the most part as corrupt as ignorant are 
controaled and managed bj' a Clerk of the least address, he unites 
his interest with theirs by reciprocal countenance of malversation 
and thus confederated the persons who ought to be the Ministers of 
Justice and the Arbiters of the Peoples Rights and Properties, pros- 
titute the Power with which they are vested for their benefit to their 
oppression and shamelessly in concert with the Clerks, become the 
vilest and most dangerous instruments of Tyranny and iniquity, 
studeous only under Colour of justice, by rapine and plunder to 
enhance their extorted instalments finding security against imjDeach- 
ment and detection in abetting each others villauy the only check 
upon the Clerk is thus removed and his Office is made a life- 
hold by collusion instead of good behaviour. 

Under these circumstances the County Court Clerks acquire influ- 
ence in the Counties and findtheirway readilyinto the Assembly where 
recognizing no obligation to Government for their offices rendered 
so independent they openly oppose and embarrass its design for the 
public good instead of augmenting its strength as might be reason- 
ably expected as the Act of Assembly under which these Clerks are 
appointed by the Clerk of the Pleas will expire next year, when 
attempt will most certainly be made through their influence to 
renew it in its present shape or with more disadvantage to the 
Clerk of Pleas and to the Public Interests and that I am directed 
by the Lords Commissioners of Trade and Plantations to take care 
to reserve to the Crown the power of appointing the six Clerks of 
the Superior Courts heretofore held ):)y the Chief Justice and 
which are Offices of no influence and and less value in gen- 
eral. I humbly submit to your Lordship whether that may not 
be a proper season for the Crown to annul the Office of Clerk 



COLONIAL RECORDS. 267 



of the Pleas which is an absolute sine cure and to resume or delegate 
the power of apj^ointing likewise the Clerks of the Inferior Courts 
to his Majesty's Governor, in my poor Judgment it is no less con- 
sistent with the Interest honor and dignity of Government and I 
am confident (I speak my Lord from the knowledge and sentiments 
of many) that it would be more agreeable to this people the former 
will derive from such a measure incredible augmentation of 
strength now too feeble and impotent fatally to tlie public Interests 
and the latter will see and feel sensibly and joyfully that Office 
extinguished in whose venality their heaviest grievances have 
originated and whence all their clamors and discontents flow and 
may be fairl}- deduced the odium and reproach attending this 
sine cure will cease, its removal will gain honor and credit to 
administration these appointments will rise in reputation and become 
objects to a better species of Men whose merit ability and integrity 
will )3e the only and indispensable recommendation of Competitors 
and the Influence of Government w'ill in proportion be extended to 
the advancement of public prosperity and happiness. This my 
Lord upon the maturest consideration I conceive to be the sine qua 
non the first step necessary to the improvement of the police of 
this Country without which it can never enjoy that peace and good 
order that is the result of an equal and impartial administration of 
ju.stice so admirably -contrived by the British Constitution and wliich 
his Majesty so graciously and unremittingly labours to extend to all 
his subjects throughout his wide Empire. 

I cannot help feeling much concern at being compelled by my 
dut}'' to my Royal Master which must ever supercede ever}- other 
consideration of private friendship and regard to counteract in this 
business the Interest of M' Strudwick the present Clerk of the jJeas 
who will acquit himself I am persuaded as honorably as any 
man can do, not impossibly divested of attention to his own interest 
which in this Office appears to stand in too open opposition to that 
of the public. His oflice of Secretary I believe in tlie present cir- 
cumstances of the Province will not much more than enable him 
to pay his Rent but if as I hope His Majesty shall purchase the pro- 
prietary of the Earl of Granville it will become an office that will 
well stand alone. 

I have a recent proof of the collusive malpractices of the Mag- 
istrates and County Court Clerks in a complaint from the Rector of 
S' Lukes Parish in Rowan County, who alledges that the Clerk who 



268 COLONIAL RECORDS. 



under a Law of the Province is the dispenser of the Governor's 
Licences for marriages encourages people who take them to go to 
Magistrates to solemnize their Marriages in preference to the Rector 
and that he conceals from him the number of Licenses granted by 
which means he is deprived of his dues. 

I most humbly beg leave My Lord to recommend the subject of 
the foregoing letter to your Lordship's consideration and I beseech 
your Lordship to furnish me with instruction as soon as may be in 
relation to it that such reformation as His Majesty may see fit to 
order in this matter of so great importance may meet with no delay 
or embarrassment. 

I have the honor to be etc 

•JO. MARTIN. 



[B. P. R. O. Am. & W. IND.: No. Carolin.\. Vol. 219.] 

Governor Martin to Secretary Hillsborough. 

North Cakolina New Bekx March S"" 1772. 
It is with the utmost concern that I have the honor to inform 
your Lordship that my indignation is exceedingly moved by an 
account I have just received from the County of Guilford importing 
that Hunter the outlawed Ringleader of the Insurgeants had with an 
audacit}^ that provokes my resentment made his appearance publicly 
at the Inferior Court lately held there and that the Magistrates sit- 
ting in their Judicial Capacity and armed with all the power of the 
Laws being repeatedly moved to order him to be apprehended, had 
shamefully suffered him to brave the offended Justice of his Country 
with impunity and to depart at his leisure and without notice, a 
conduct of such terpitude in those ministers of the Laws as seems to 
me at present to deserve the severest censure and reprehension, 
whether proceeding from timidity or disaffection. I suspend how- 
ever my opinion of their conduct until I receive moTe fuil Informa- 
tion and forbear to exercise the rigour with them that is due to their 
apparent demerit, and I am the rather inclined to do so as I have 
formed the resolution to visit that Region of Malcontents early in 
the summer and to make myself more intimately acquainted with 
Characters that I may be able to reform the Magistracy of such as are 
obnoxious to Government and promoters or favoi'ers of that spirit of 
sedition that has so fatally heretofore prevailed in this Country as a 



COLONIAL RECORDS. 2G9 



first step essentially necessary to give due vigour to the Laws, 
stabilitj' to Government and Permanent Peace and Tranquility to 
the People. 

I confess My Lord I could never reconcile to good policy the ill- 
timed lenity towards this Rebel Hunter implied in the Assemljly's 
request of Pardon to the .Judgments where he was not excepted and 
my opinion that it was an ill judged Mercy is fully verified by his 
late open defiance of the laws by which he stands proscribed, other 
instances are not wanting of the insolent spirit of these outlaws and 
of the supineness timidity and guilty connivance of the Magistrates. 

Hunter is a most egregious ofl'ender he was the leader of the 
Insurgents in arms and was called their General and has appeared 
from the beginning a Ringleader in Sedition, he is said to have a 
better capacitj'' than his associates who pay him implicit obedience 
and treat him with a respect savouring of enthusiastic reverence, he 
received among others of these graceless wretches. The King's par- 
don for Treasons and Violences committed in the year 1768, and yet 
seems like them hardened rather than reclaimed by his Majesty's 
most gracious indulgence meditating even now at the time that their 
lives are forfeited, to the law and de2)ending ujjon the merc}^. of their 
Sovereign to wound anew the peace of their Country which their 
recent outrages has so fatally disturbed, and which yet green was 
recovering slowly from the convulsion. I am very anxious to know 
his Majesty's determination concerning these Rebel Traitors and in 
expectation of the Royal Pleasure your Lordship may rest assured 
that I will unweariedly watch over and study to preserve this 
Countrj' from further ill eff'ects of their seditious machinations. 

I beg to remind your Lordship that I am not yet furnished with 
the Commission .and Instructions to enable me to grant commissions 
of marque and reprisal or that the trial of Pirates referred to in the 
95"' and 98"" Afticles of his Majesty's general Instructions. 

The most considerable and valuable export of this Colony except 
Tobacco is salted Pork which is made in vast quantities but does 
not keep so well as that saved in the Northern Colonies owing it is 
apprehended to the better quality of the salt of Sjiain and Portugal 
which the}' use and which is prohibited here by Act of Parliament. 
Pursuant therefore to my assurance of the legislature in answer to the 
Assembly's message of the twenty third day December I most humbly 
recommend that the same indulgence may be extended with respect 
to that Article to this as to those provinces which will contribute to 



270 COLONIAL RECORDS. 



raise the reputation of that Commodity as well as of the Fishery on 
Roanoke River that is under like disadvantage and which promises 
to make a considerable article of exportation to the West India 
Colonies. 

There is now My Lord establishing in this town of New Bern a 
manufactory of pot and pearl ashes under the direction of a M"' 
Richard Graham of New York which province has derived the most 
important advantages from that manufacture, that I hope will to 
time yield no less to this. 

I see with the greatest satisfaction a spirit of industry and improve- 
ment dawning in this Province exemplified by the beginnings that 
are making by several planters on Cape Fear River to raise rice and 
indigo after the example of South Carolina and in emulation of its 
prosperity principally derived from those valuable productions. 

Your Lordship will rece'ive herewith a copy of my letter to Lord 
Rochford in answer to a letter I received from him during your 
Lordships absence in Ireland commanding me to signify his jNIaj- 
esty's thanks to the Troops that served under Governor Tryon in 
the action with the Insurgents last Summer. I have accordingly 
done so and can assure your Lordship that this gracious mark of 
the Royal approbation has been received with the utmost satisfac- 
tion and acknowledgment by the people to whom it was directed. 

I now transmit to your Lordshij-) an account of the Ordnance 
Stores in this Province which are all lodged in Fort Johnston except 
the Arms taken from the Insurgents and a small quantity of i^owder 
and Ball left here by the Militia Troops last Summer. As the Arms 
are of an hundred different kinds and not worth repair and the 
ammunition will not defray the charge of its transportation to Fort 
Johnston, I have thought it for the advantage of the public to order 
them to be sold, as there is no deposit for such things here. 
I have the honor to be &c. 

JO. MARTIN. 



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

To all People to whom these Presents shall come We the Inhabitants 
and Freeholders of the Town and Liberties of Campbelton in the 
Province of North Carolina, whose Names are hereunto subscribed 
and our Seals affixed send Greeting 
Whereas his present Majesty by his Letters Patent under the 



COLONIAL RECORDS. 271 



great seal of North Carolina hereunto annexed did grant unto us 
among other Privileges and Immunities that of sending a Represen- 
tative to sit and vote in the General Assembly of the said Province: 
And Whereas many persons altogether destitute of Property or any 
permanent Residence in the said Town or Liberties and even not 
intituled to the denomination of House-keepers do presume under the 
words of the said Letters patent to vote for a member to represent the 
said Town in the General Assembly to the great Injury of Us whose 
properties are hereby rendered insecure and unprotected: In consid- 
eration whereof and in hopes that his Majesty will be graciously 
pleased to grant us another Charter better adapted to our present 
Circumstances and agreeable to the Petition lately presented by us to 
his Excellency Josiah Martin Esquire Governor and Commander in 
Chief of the said Provfcce We have hereby surrendered and yielded 
up and by these Presents do surrender and Yield up unto his Majesty 
his Heirs and Successors for ever the said Charter or Letters patent 
above mentioned and all the Rights Privileges and Immunities 
therein Granted. 

In Witness whereof we liave hereunto set our Hands & Seals the 
13"' Day of March in the year of our Lord one thousand seven hun- 
dred and seventy two 

RICff LYON ' HEPBURN NELSON & CO 

GEORGE MILNEY MARK COLE 

HENRY GIFFARD LEWIS BARGE 

ARCH SIMPSON PHILIP RAIFORD 

JOHN INGRAM W" WHITE 

ROB' COCHRAN PATT TRAVERS 

JOHN BROWNTON NEILL M^ARTHUR 

JOHN DOBBINS ALEX' MAC ARTLIUR 

STEP" GILMORE JAMES DYER 

JOHN MILLER ROB' ROWAN 

MAURICE NOWLAN A MACLAINE 

MATTHEW BURNSIDE 



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

Letter from Rev. Mr. Reed to the Secretary. 

North Carolina Newberx March 20" 1772. 
Rev^ Sir, 

When I wrote to you the 15"' of last February the Collector of 
this Port was abroad, & I could liot come at his books to ascertain 



272 COLONIAL RECORDS. 



the exact annual amount of the Duty upon spirituous Liquors for 
the Benefit of the School. But before I could meet with a Con- 
veyance for the Duplicate, the Collector returned it showed me his 
Books, which enabled me to send you the following account of the 
Income of the School for three years past 

School Cr. 
By neat proceeds of duty upon spirituous Liquors from 

November 14"" 1760 to Nov' 15"" 1771 £247 11 4 

By vote of Assembly for use of the School house Cham- 
ber of 1769 20 

By Do 1770 40 

By Do 1771 -_-- 40 

By Ground Rent first payment -June 16 1771 19 10 

Total £367 1 4 

Annual Income "^ average for 3 3-ears past _-_ £122 7 1 

School D-' 

To enable the Master to keep an assistant '^ ann £ 20 

To poor Scholars supposing 10 at 4£ Tuition "^ ann-_ 

each 40 

To Books, Paper, Fire wood &c. for each '^ ann say l£ 10 

Annual Expence £ 70 

Deducted from annual income leaves for Repairs & 

Incidental Charges £ 52 7 1 

From the proceeding account let tlie impartial judge, whether by 
dismissing the five poor Scholars tlie trustees have not abused their 
Trust. 

The Ground rent arises from a Piece of Ground taken off the 
Churchyard, & leased out in small lots the 16"" of June 1770 for 
21 years. And as it lies in a very convenient part of the Town, the 
Lessees are building upon it & improving it very fast. It is gen- 
erally believed at the ex})iration of the Leases, the Ground with the 
Improvements will be worth at least one hundred pounds '^ annum, 
which will be a permanent endowment for the School. And if the 
present Act for establishing the School was repealed, this piece of 
Ground would I believe, revert to the church j'ard & become my 
property, which would be a strong inducement to the Trustees to get 



COLONIAL RECORDS. 273 



another Act passed the next session of the Assembh'. You will see 
by the Act, that the Duty upon spirituous Liquors will shortly 
expire, and as Newbern is at present a thriving place, & the Quan- 
tity of spirituous Liquors imported into Neuse River likely to 
increase every year, Should the Act be repealed, I will endeavor by 
c' aiming the above mentioned piece of ground to get one half 
penny '^ gallon Duty continued upon spirituous Liquors till the 
Expiration of the Leases, and I verily believe, the Governor will 
second the endeavors of Rev'' Sir. 

Your most obliged &c 

JAMES REED 
Miss'^ in Craven County. 



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

Rev'' Mr. Earl to the Secretary. [Extract] 

N" Carolina Edexton 

27'" March 1772. 
Reverend Sir, 

Since my letter to you of the 29"' Sep' last I have baptized in this 
parish 44 white and 6 Black Infants, and 4 Black Adults; and 
administered the Sacrament of the Lord's Supper to 37 commu- 
nicants. 

I visited Berkley Parish which is destitute of a Minister, and bap- 
tized there in four congregations 37 white Infants, and two black 
adults. I should have visited them again before this time had not 
sickness prevented me, of which I have not been clear these many 
months.. I am, yours etc. 

dan'l. earl. 

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

COUNCIL JOURNALS. 

At a Council held in the Council Chamber in the Palace at New 

Bern the 1^' April 1772. 

Present 

His Excellency the Governor. 

rpi IT VI f Samuel Strudwick and t t^. 

Ihe Honble< at t- ir j o i /> n r l.s luiros 

(^ JMartm Howard Samuel Cornell J '- 

VOL. IX— 18 



^174 COLONIAL RECORDS. 



The Board proceeded to hear a complaint of Coll Phiiemou Haw- 
kins against Thomas Bell, William Tabb, and Henry Hill Esquires, 
Majistrates of Bute County for Malversation in their Office and have 
directed notice to be given to the parties and that an Order of 
Council should issue to either of the Associate Judges to take the 
deposition of the witnesses therein named and transmit tlie same to 
the Secretary's Office. 

His Excellency acquainted the Board that the corporation of 
Campbelton had surrendered their Charter which was found by long 
experience detrimental to the interest of the Freeholders and had 
petitioned His Excellency to grant them one moi-e conformable 
thereto, and that he was disposed with the concurrence of the Coun- 
cil to grant their Request. The Board were of Opinion that his 
Excellencj^ should comply with the Prayer of their Petition.* 

His Excellenc}^ represented to the Board that the Writs of Election 
for a new Assembly were returnable on the 11"' day of May next, 
but not judging it expedient that it should meet so early required 
the opinion of the Council to what time it might be prorogued with 
most propriety and convenience. They were of opinion that it 
sliould be prorogued to the lO'" day of December next, and that a 
Proclamation should issue for their meeting at that time for the dis- 
patch of Business accordingly. 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 210] 

Secretary Hillsborough to Governor Martin. 

Whitehall Ajjril 1'' 1772. 
Sir, 

Since my letter to you of the 11"" January, I have received your 
di-spatches N°'. 4, 5, 6, 7 and 8 and have laid them before the King. 

His Majesty having been graciously pleased to extend his Royal 
Mercy to the six Insurgents who were sentenced to death by the 
special Court of Oyer and Terminer held at Hillsborough in June 
last. Enclosed I send you a copj' of his Majesty's Warrant to the 
Recorder of London for inserting their names in the next general 
pardon that shall come out for the poor convicts in Newgate and it 
is his Majesty's pleasure that you do in consequence thereof take 



' See page 79 ante. — Editor. 



COLONIAL RECORDS. 



another Act passed the next session of the Assembl}'. You will see 
by the Act, that the Duty upon spirituous Liquors will shortly 
expire, and as Newbern is at present a thriving place, & the Quan- 
tity of spirituous Liquors imported into Neuse River likely to 
increase every year, Should the Act be repealed, I will endeavor by 
claiming the above mentioned piece of ground to get one half 
Ijenny ^ gallon Duty continued upon spirituous Liquors till the 
Expiration of the Leases, and I verily believe, the Governor will 
second the endeavours of Rev* Sir. 

Your mo,si obliged &c 

JAMES REED 
Miss'^ in Craven County. 



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

Rev'' Mr Earl to the Secretary. [Extract] 

N° Carolina Edextox ' 
27'" March 1772. 
Reverend Sir, 

Since mj- letter to you of the 29* Sep' last I have baptized in this 
parish 44 white and 6 Black Infants, and 4 Black Adults; and 
administered th.e Sacrament of the Lord's Supper to 37 communicants. 

I visited Berkley Parish which is destitute of a Minister, and bap- 
tized there in four congregations 37 white Infants, and two black 
adults. I should have visited them again before this time had not 
sickness prevented me, of which I have not been clear these manv 
months. I am, yours &c 

DAN'L. EARL. 



[From MS. Records in Office of SECRiiXARY of St.\tk.] 



COUNCIL .JOURNALS. 

At a Council held in the Council Chamber in the Palace at New 

Bern the 1" April 1772. 

Present 

His Excellenc}' the Governor. 

rFu -tr 1,1 f Samuel Strudwick and 1 t. 

The Honble .^ ^^^^,^.^^ ^^^^„^^^.^^ g^^^^^^^^ ^,^^.^^^)j | Esqun-es 

VOL. IX — 18 



274 COLONIAL RECORDS. 



The Board proceeded to hear a complaint of Coll Philemon Haw- 
kins against Thomas Bell, William Tabb, and Henry Hill Esquires, 
Majistrates of Bute County for Malversation in tlieir Office and have 
directed notice to be given to the parties and that an Order of Coun- 
cil should issue to either of the Associate Judges to take the deposi- 
tion of the Avitnesses therein named and transmit the same to the 
Secretary's Office. 

His Excellency acquainted the Board that the corporation of 
Campbelton had surrendered their Charter which was found by long 
experience detrimental to the interest of the Freeholders and had 
petitioned His Excellencj'^ to grant therm one more conformable 
thereto, and that he was disposed with the concurrence of the Coun- 
cil to grant their Request. The Board were of Opinion that his 
Excellenc}'' should comply with the Prayer of their Petition. 

liis Excellency represented to the Board that the Writs of Election 
for a new Assembly were returnable on the ll"" day of May next, 
but not judging it expedient that it should meet so early required 
the opinion of the Council to what time it might be prorogued with 
most propriety and convenience. They were of opinion that it 
should be prorogued to the 10"' day of December next, and that a 
Proclamation should issue for their meeting at that time for the dis- 
patch of Business accordingly. 



[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 319.] 

Secretary Hillsborough to Governor Martin. 

Whiteh.all April 1" 1772. 
Sir, 

Since my letter to you of the 11* January, I have received your 
dispatches N"'. 4, 5, 6, 7 and 8 and have laid them before the King. 

His Majesty having been graciously pleased to extend his Royal 
Mercy to the six Insurgents who were sentenced to death by the 
special Court of Oyer and Terminer held at Hillsborough in June 
last. Enclosed I send you a copy of his Majesty's AVarrant to the 
Recorder of London for inserting their names in the next general 
pardon that shall come out for the poor convicts in Newgate and it 
is his Majesty's pleasure that you do in consequence thereof take 



COLONIAL RECORDS. 279 



beneficence upon the minds of that people whose discontents not yet 
altogether subsided have lately appeared in private injuries I shall 
endeavour to probe and to heal if possible by all such lenient appli- 
cations as may best answer that purpose and be most consistent with 
the sacx'ed honor and dignity of his Majesty's Government. 

I omitted by chance in my letter X° 11 to mention to your Lord- 
ship a circumstance that above all others clearly convinces how 
little regard, respect or obligation is recognized by the County Court 
Clerks to Government for the appointments they hold under the 
Clerk of the Pleas. It is My Lord, that of thirty four of them only 
eight or nine have to this hour complied with the command of a 
Proclamation which I issued at the beginning of his jNIajesty's Royal 
Instructions requiring all Officers forthwith to make me returns of 
their Tables of Fees with certificates that they had afiixed up in their 
respective offices. Copies of such Tables of which positive and pub- 
lick injunction they cannot plead ignorance because copies thereof 
were carefully dispursed through every part of the province, and it 
is owing to this their -neglect that I am not yet able to make to your 
Lordship a compleat return of the Fees of office in this Province. 
The Collectors of the Customs for the Ports of Brunswick and Roan- 
oke having likewise made me no quarterly Returns yet I am not 
able to report to your Lordship with precision the number of Negroes 
that have been imj^orted since my arrival here, but I think it will 
be found about 200. 

Upon a formal surrender made by the Inhabitants of the Charter 
granted by Governor Dobbs to Campbelton in the County of Cum- 
berland of a very extraordinary nature accompanied with a petition 
for a new' one upon a model just and equitable to the Freeholders, I 
have with the consent and advice of his Majesty's Council Granted 
such Charter which transaction will appear to j^our Lordship at large 
in the Minutes of Council hereafter to be transmitted. 

After waiting two months having received no answer from Lord 
Charles Montague to my request that he would appoint the time and 
point of Rendezvous for the Commissioners who are to run the 
Boundary Line between this Province and that of S° Carolina as the 
hot season is now fast approaching, I have given notice to his 
Lordship that the Commissioners of this Province will meet those of 
his appointment at the Catawba Town on the 20"" day of this month 
and immediately proceed witli them to carry into execution His 



280 COLONIAL RECORDS. 



Majesty's commands which I am of opinion will be greatlj' bene- 
ficial to both Colonies. 

I think it my duty to propose to your Lordship's consideration the 
expediency of constituting the Governor sole chancellor in this Col- 
ony. The Court of Chancery is composed here of the Governor and 
five Members of the Council for which there is no authority that I 
can discern nor can I guess how or when it became so intituled 
unless by Instruction to a proprietary Governor. I see by a Law of 
the year 1715, when this Province was a Proprietarj^ the authority 
of a Court of Chancery is recognized but there is no vestage of its 
constitution to be found at present. The Governor's sole power 
extends no further than to granting writs of Injunction &c., by 
which the course of Law is suspended a twelvemonth, that is until 
a meeting of the Council, which scattered in this rural Colony can- 
not without great inconvenience to the Members be convened.oftener 
as they have no allowance for such attendance and thus My Lord a 
Court of Equity designed for the remedy of defects and grievances 
in law becomes a new source of embarrassment and delay. No dis- 
advantage that I can conceive will arise to the subject from the 
arrangement I humbly propose. The business of the Court of 
Chancery might then be carried on regularh^ and constantly, no 
longer subject to the suspense to which it is now incident and its 
decrees I do appi-ehend will be more likely to be just ecpitable and 
impartial when depending on the King's Governor solely than when 
he is combined Avith five Members of the Council, people of the 
Country and closely and generally connected with its Inhabitants 
who are the suiters. And when His Majesty's Revenue of Quit 
Rents shall admit of further charge I am of opinion the appointment 
of two or three Masters in Chancery will be of great advantage. 
There is none at present nor any other officer proper to that Court 
except a Register. 

The Writs for calling a new Assembly being returnable the 11* 
of next month and the Public affairs not requiring its meeting so 
early I have by and with the advice and consent of Mis Majesty's 
Council issued a Proclamation Proroguing it to the 10"" day of 
December following at which time all the business of the Courts 
will be over and the Members more at leisure to attend. 

I heremtli transmit to your Lordship the Estimate of the expence 
of the Lower House of the General Assembly at the last Session 
which is indeed very considerable, that of the Uppier House I Lav 
not to this time been able to obtain. 



COLONIAL RECORDS. 277 



I know of no foundation tliere is for tlie rej^ort you mention to 
have prevailed of Colonel Mercer's Promotion to a new Government 
nor of any resolution taken for forming such Government upon the 
Ohio; but when any favorable opportunity offers of serving M' 
Hassel in any situation for which he may be c^ualified, I shall not 
fail to attend to your recommendation of him. 

Your Civilitj' towards the Spanish Officers mentioned in your 
letter of the 25"" October and the Protection you gave them in the 
case of their dispute with the master of the English Vessel bound 
to Cadiz appear to have met with a very ill return in the discontent 
which you say they expressed at their departure but I have not 
failed to communicate your letter upon that subject to Lord Roch- 
ford, in case those Gentlemen should be so devoid of candour as to 
make any complaint to their Court upon that subject. 

Your application to Vice Admiral Rodney in the case of the vessel 
detained at La Vera Cruz was very proper, and, as I find by a 
letter from him to the Lords of the Admiralty, that he has dispatched 
one of his Squadron to that place to demand the reason for such 
detention I hope that step will have the effect to procure redress to 
the Owners for any Damage they may have unjustly sustained by a 
proceeding that according to their representation of it, appears to be 
equally inconsistant with humanity, and the good understanding 
that ought to subsist between the two Crowns. 

I am etc: 
HILLSBOROUGH. 



[B. P. R. O. Am. & W. Ind: No. Carolina. Vol. 219.] 

Governor Martin to Secretary Hillsborough 

N. Carolina Neav Bern 

April 12* 1772. 
I had the honour to receive your Lordship's dispatches N" 4 and 
5, about a week ago acknowledging the receipt of my letters X" 1, 2 
& 3 and I am made most happy by j'our Lordship's assurance that 
my conduct so far as they related it had met with the approbation 
of my Roj-al Master a most gracious reward My Lord for which if I 
am the most humble I flatter mj'self I am not the least zealous 
Candidate among his Majesty's servants. 



278 COLONIAL RECORDS. 



The reasons upon which I suggested to your Lordsliip in my 
first letter my wishes for instruction on the subject of a new paper 
credit that I foresaw must be the result of this Countrj^ to defray 
the charge of suppressing the late insurrection when the legislature 
should meet, were that I consider the passing any act for such a 
purpose however warily framed and not obnoxious to objection 
with respect to the Act of Parliament, w'ould be nevertheless of 
such extraordinary nature as to militate against the 20* Article of 
his Majesty's General Instructions that expressly enjoins the passing 
no Act of such description without a suspending Clause which in 
the pressing exigency that it was now to be calculated to serve 
would render it if not abortive altogether inadequate and unsatis- 
factory and as I hold most sacred all his Majesty's commands, I 
could not help feeling that reluctance to dispence in my first Act of 
legislation with so positive an injunction that will ever embarrass 
and distress me upon any apprehension of necessity to deviate 
from the letter of the King's Royal Instructions. It was therefore 
My Lord that I expressed to your Lordship a desire to receive his 
Majesty's allowance to do what I thought without it might lay me 
open to reprehension which urgent necessity and the importance of 
tlie injunction afterwards compelled me to risque and upon which I 
build my hopes of justification to my Royal Master. I conceived 
tliat, to your Lordship apprized of this restriction, my dilemma 
would be obvious and that it was not necessarj'' to enlarge upon it. 

I flatter myself from your Lordship's letter that- the act of the last 
Session for raising £60,000 for payment of the Militia forces will be 
found liable to no exception under the Act of Parliament as I had 
it constantly in view and firmly resolved never to give in to any 
measure that should in the least indirectly or remotely offend 
against it. 

As I propose to visit the Frontier Counties of this Province as 
soon as possible after I liave dispatched the public bu,siness in the 
Court of Chancery and Court of Claims appointed to be held here 
next month, I shall think it right to reserve until that time the dis- 
play of his Majesty's mercy to the family of Merrill not only as a 
means of making my first appearance there more welcome but as I 
do conceive it may be proper and I liope your Lordship will be of 
that opinion to illustrate such an emanation of his Majesty's Royal 
goodness by all solemnity that may be conducive to impress a just 
and grateful sense of this instance of princely magnanimity and 



COLONIAL RECORDS. 283 



9"" of Queen Anne, respecting the free passing of Ferries, and as the 
whole seems calculated for the general purposes of Expedition and 
securitj' in the conveyance of the Mails, we would submit to your 
Majesty, whether it may not be advi.seable that your jMajesty's Gov- 
ernor should be instructed to recommend to the Assembly' to pass 
another Act for the above general uses free from the objection stated 
by j'our Majesty's Post-master General in his Letter hereunto 
annexed. Whicli is most humbly submitted. 

HILLSBOROUGH 
SOAME JENYXS 
ED: ELIOT 
\V. .JOLLIFFE. 
AVhitehall April 13, 1772. 



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

North Cakolina — Ss. 

Know all men by these Presents that We Benjamin Lowry of 
Pasquotank County Farmer and John Lowry of the same County 
Esquire are held and firmlj- bound unto the honourable Samuel 
Strudwick Esquire Secretary of the Province aforesaid, his Heirs, 
Executors Administrators and Assigns in the full and just sum of 
one thousand jDounds lawful money of Great Britain, to the which 
payment well and truly to be made and done We bind ourselves 
and each of us. Our heirs, Exors, Admrs and each of them jointly 
and severally firmly by these Presents; Sealed with our Seals and 
dated this Sixteenth day of April in the Year of Our Lord 1772. 

The condition of the above Obligation is such, that if the above 
Bounden Benjamin Lowry his Heirs Exors or Admrs or any of 
them do and shall justly Return to the Secretary's Office at New- 
bern The last Will and Testament of one Robert Lowry Senior 
bearing Date the twenty fourth day of January in the Year of our 
Lord one thousand seven liundred and fort}' two, and now entrusted 
with the said Benjamin to be read in Evidence in a certain matter 
of controversy wherein John Den on the Demise of Benjamin 
Lowry is plaintiff and Mary Morris is Def ' at a Superior Court of 
Justice to be held at Edenton for the District of Edenton on the 
twenty fifth daj- of April next before his Majesty's Justices of the 
said Court within thirty daj's of the prorogation or adjournment of 



284 - COLONIAL RECORDS. 



the said Court, ■\vithont Rasure, Interpolation, Blotting, Fraud or 
Covin then the Above Obligation to be Void otherwise to remain in 
full Force and Virtue in Law. 

BEN.JAMIN LOWRY 
JN" LOWRY 
Sealed and delivered in the presence of 
Will Gumming 
John Blackstock 



[B. P. R. O. No. Carolina. B. T. Vol. 17.] 

At the Court at S' James's 
the 22" day of April 1772. 
Present. 
The King's most Excellent Majesty in Council. 

Whereas by Commission under the Great Seal of Great Britain the 
Governor, Council and Assembly of his Majesty's Province of North 
Carolina are authorized and empowered to make, constitute and 
ordain Laws Statutes and Ordinances for the public Peace Welfare 
and good Government of the said Pro-\'ince Which Laws Statutes 
and Ordinances are to be as near as conveniently may be agreeable 
to the Laws and Statutes of this Kingdom and are to be transmitted 
to his Majesty for Royal approbation, or disallowance. And Whereas 
in pursuance of the said Powers three Acts were passed in the said 
Province in January 1771, which have been transmitted entitled as 
follows viz' 

An Act for founding e.stablishing and endowing of Queens College 
in the Town of Charlotte in Mecklenburg County. 

An Act for authorizing Presbyterian Ministers regularly called to 
any Congregation within this Province to solemnize the Rites of 
Matrimony under the regulations therein mentioned. 

An Act to encourage the further settlement of this Province. 

Which Acts together with a Representation from the Lords Com- 
missioners for Trade and Plantations thereupon having been referred 
to the consideration of a Committee of the Lords of his Majesty's 
most honourable Privy Council for Plantation Affairs the said Lords 
of the Committee did this day report as their opinion to his Majesty 



COLONIAL RECORDS. 281 



I can assure your Lordship with great satisfaction that I see this 
little Town or rather village of New Bern growing very fast into 
significance in spite of the great natural difficulties of the naviga- 
tion leading to it and its importance will I hope become greater as 
the spirit of improvement that begins to dawn among the neighbor- 
ing planters some of whom are going upon the culture of Rice and 
Indigo shall diffuse itself. The bad navigation however of the River 
Neuse and the Bar of Ocracock, will much retard its growth and can 
never be effectually improved until this Province shall be in circum- 
stances to employ £100,000 Sterling under the auspices of some such 
Genius as M' Brindley to whom I am persuaded it would not be a 
very difficult task and I do think it would then soon become a City 
not unworthj^ notice in the great and flourishing Empire of my 
Royal Master. 

An Act having been passed here in the year 1766 Intituled "An 
Act for establishing a school house in the Town of New Bern " by 
which absolute Power of dismissing Masters of the School is given 
to the Trustees without the consent or participation of his Majesty's 
Governor whose licence by the same act is made indispensible to the 
Masters appointments he thus becomes the mere Instrument of their 
power which they have lately exercised most capriciously and dis- 
charged a Master of unexceptionable character and qualifications 
under whose auspices, until the Trustees withdrew his fluthority this 
Institution promised to grow into a seminary of great utility and 
expectation. As this Act appears to me to be nugator}^ and repug- 
nant to the first principles of Law which require the same power 
to annull as to create, I most humbly submit it to your Lordship's 
consideration whether it may not be proper to recommend it to the 
supreme Court power of his Majestj' for his Royal disallowance. 
While the present Act exists no man of character will be found to 
take the conduct of the school from which he is subject to be removed 
at the caprice of a few ignorant men who are Trustees. 

I beg leave my Lord to assure your Lordship of my best acknowl- 
edgments for the honour conferred upon me by your Lordships good 
wishes of Avhich I shall study to be as deserving as I am sensible ; 
the late serene keen and agreeable Winter has quite restored my 
health and I am I thank God at this day as well as ever I was in 
my life. 

I have the honor to be etc 

JO. :»IARTIN. 



282 COLONIAL RECORDS. 



[B. P. R. O. B T.: No. Carolina. Vol. 2i.l 

To THK KiXG'.S most ExrELLEXT M.V.JESTY 

May it please your Majesty, 

We have under our consideration an Act passed in your Majesty's 
Province of North Carohna in Jan'^ 1771, intituled, "An Act to 
encourage & support the Establishment of a Post Office in this 
Province." 

This Act directs, that everv owner or keeper of a Public Ferry 
within the above mentioned Province shall without fee or reward 
give immediate dispatch to any Post-rider or Mail-bearer in prefer- 
ence to any other pa.?senger, who may be there and about to cross 
the Ferry; and that for so doing every Ferr3'man .shall be allowed 
double the sum allowed bylaw for the like service in other instances, 
^ be paid by the Treasurer of the District. It likewise provides 
that in case of the mails being stopped and delayed by any accident, 
the person nearest resident to the place where such accident may 
happen, shall upon Application made for that purpose, convey the 
Mail to the next Stage, on delivery whereof he shall be intituled to 
receive, from the acting Post-master General of the Province or his 
Deputy, one .shilling for every mile he may have carried the said 
mail. 

The last mentioned Clause appearing to us to be proper for the 
consideration of Your Majesty's Post Master General as affecting the 
Authority and Revenues of that Office we accordingly transmitted 
to him a Copy of the above Act for his sentiments and Oi^inion 
thereupon, that we might thereby be enabled to take such Steps as 
should appear proper in respect to that branch of your Majesty's 
Service under his direction ; in consequence whereof we have received 
a Letter from your Majestj^'s Post Master-General, containing his 
observations on the said Act of Assembly and submitting whether 
it would be proper, in a case so circumstanced, to advise your Maj- 
esty to give your consent to this Act. We therefore humbly beg 
leave hereunto to annex a Copy of the said Letter and in conformity 
to the opinion therein delivered, humblj^ propose to your Majesty 
to signify your Royal disallowance of this Act, but as the encourage- 
ment held forth in the first and second Clauses, may appeal in. aid 
of the particular provision coiatained in the Post Office Act of the 



COLONIAL RECORDS. 287 



[B. P. R. O. No. C'AROUN'A. B. T. Vol. 17.] 

At the Court of S' Jamks, 
the G'" day of May 1772. 
Present 
The King's most Excellent Majesty in Council. 

Whereas there was this Day read at the Board a Report from the 
Right Honourable the Lords of the Committee of Council for plan- 
tation affairs dated the fifth of this Instant in the words following 
viz'. 

" Your Majesty having been pleased by your order in Council of 
" the 22'"' of last Month to refer unto this Committee a Representa- 
" tion from the Lords Commissioners for Trade and Plantations, Set- 
" ting forth, ' That they have had under their consideration an Act 
" passed in j-our Majesty's province of North Carolina in .Januar\' 
"1771 intituled 

'"An Act to encourage and support the Establishment of a post 
" office in this Province.' 

" That this Act directs ' that every Owner or Keeper of a publick 
" Ferry within the above province shall, without Fee or Reward, 
'■' give immediate dispatch to any post-Rider or Mail Bearer in pref- 
" erence to any other passenger, who may be tliere, and about to cross 
" the Ferry, and that for so doing every Ferryman shall be allowed 
'■ double the Sum allowed by Law, for the like Service, in other 
" Instances, to be paid by the Treasurer of the District ; it likewise 
" provides that in case of the Mails being stopped and delaj'ed by 
" any Accident, the person nearest resident to the place, where such 
" accident may happen, shall upon application made for that pur- 
'■■ pose, convey the Mail to the next Stage, on delivery whereof he 
" shall be entitled to receive from. the acting Post Master General of 
" the Province or his Deputy one shilling for every mile he may 
" have carried the said .\iail. 

" That the last mentioned clause appearing to be proper fur the 
"consideration of Your Majesty's postmaster General, as affecting 
"the authority and Revenues of that office ; The said Lords Commis- 
" sioners transmitted to him a Copy of the Act for his sentiments and 
" opinion thereupon that they might thereby be enabled to take such 
"Steps as should appear proper in respect to that Branch of Your 
" Majesty's Service under his Direction; in consequence whereof they 



288 COLONIAL RECORDS. 



" have received a Letter from Your Majesty's Postmaster General 
"containing his observations on the said Act of Assembly and 
" objecting to the said Clause, requiring the Deputy postmaster to 
" pay a shilling per Mile in certain cases and submitting whether it 
" would be proper, in a Case so circumstanced to advise Your Maj- 
"esty to give your Consent to this act; The said Lords Commis- 
" sioners therefore, in conformity to the opinion delivered in the said 
"Letter, humbly propose to Your Majesty^ to signfy Your Royal 
"Disallowance of this Act; but as the Encouragement held forth in 
"the first and second Clauses may operate in aid of the particular 
"provision, contained in the post office act of the Ninth of Queen 
"Ann, respecting the free passing of Ferries, and as the whole seems 
"calculated for the general purposes of Expedition and Security in 
" the Conveyance of the Mails, the said Lords Commissioners submit 
" whether it may not be adviseable that Your Majesty's Governor 
"should be Instructed to recommend to the Assembly to pass another 
"Act for the above general Uses, free from the objections stated by 
"Your Majesty's Postmaster General in las Letter to the said Lords 
" Commissioners. 

" The Lords of the Committee in obedience to Your Majesty's said 
" order of Reference this day took the said Representation and Act 
" into consideration and concurring in opinion with the Lords Com- 
"missioners for Trade and Plantations do humbly Report to your 
"Majesty that it maj' be adviseable for your Majesty to signifj' your 
" Royal Disallowance of the said Act and to direct the said Lords 
" Commissioner to prepare a Draught of an Additional Instruction 
" for the Governor or Commander in Chief of North Carolina con- 
" formable to what is proposed by the said Lords Commissioners." 

His Majesty taking the said Report into consideration was pleased 
with the Advice of His Privy Council, to approve thereof, and 
accordingly to disallow the said Act ; And Plis Majesty does hereby 
Order that the Lords Commissioners for Trade and Plantations do 
prepare the Draught of an Additional Instruction for the Governor 
or Commander in chief of the province of North Carolina, to recom- 
mend to the Assembly to pass another Act for the above general 
uses, free from the Objections stated by the said postmaster General 
in his Letter to the said Lords Commissioners for Trade and Planta- 
tions. STEPH. COTTRELL. 



COLONIAL RECORDS. 285 



that the said Acts ought to be disallowed: His Majesty taking the 
same into consideration was pleased with the advice of liis Privy 
Council to declare his disallowance of the said Acts and pursuant to 
his Majesty's Royal pleasure thereupon expressed the said Acts are 
hereliy disallowed declared void and of none eft'ect. Whereof the 
Governor or Commander in Chief of his jMajesty's said Province of 
North Carolina for the time being and all others whom it may con- 
cern are to take notice and govern themselves accordingly. 



[B. p. R. O. No. Carolina. B. T. Vol. 17] 

At thk Court at S' James's 
the 22"* day of April 1772. 
Present 
The Kings most Excellent Majesty in Council 
Whereas there was this day read at the Board a Report from the 
Right Honourable the Lords of the Committee of Council for Plan- 
tation Affairs, dated the 31" of last Month upon considering a Rep- 
resentation from the Lords Comissioners for Trade and Plantations, 
upon an Act passed in His Majesty's Province of North Carolina in 
January 1771 intituled, " An Act for j)reventing tumults and riotous 
Assemblies; for the more speedy and effectual punishing the Riot- 
ers; and for restoring and preserving the Publick Peace of this 
Province Which Representation sets forth, That this Act was passed 
for the purpose of preventing Disturbances and Insurrection, to 
which of late the Province of North Carolina has been exposed ; and 
contains many useful and proper regulations; nevertheless one of 
the Clauses Enacts that "Upon Indictment found or presentment 
made against any person for any of the Crimes described in the 
Act, the Judges or Justices of the Court House, and each Church and 
Chapel of the Count}' wherein such crime was Committed command- 
ing such Offender to Surrender within sixty days and stand Tryal; on 
failure of which, he shall be deemed guilty of the offence charged 
in the Indictment found or Presentment made, and it shall be law- 
ful for any one to kill and destroy such offender and his Lands and 
chatties shall be confiscated to the King for the use of Government; " 
That upon this clause M"' Jackson, one of His Majesty's Counsel at 
Law, to whom the said Lords Commissioners referred this Act, 



286 COLONIAL RECORDS. 



observes, "altho the Circumstances of the Province may excuse 
inserting such Clause in this Act; yet that it is altogether unfit for 
any part of the British Empire-; and therefore he submits that the 
said Act is fit to be repealed; and altho' from late occurrences in 
North Carolina, the Legislature of that Province may be warranted 
in some extension of the Penal Laws against Rioters and Disorderly 
Persons; yet the said Lords Commissioners cannot but think this 
Clause highly exceptionable, as being full of danger in its Oper- 
ation, and irreconcileable to the Principles of the Constitution, 
depriving withal the Crown of its Prerogative of extending 
Mercy to offenders, by committing the Execution of the Law into 
the Hands of the Subject; Nevertheless, as the total Repeal of the 
Act miglit in the present state of Affairs sensibly endanger the Peace 
and safety of the Province, and revive perhaps that dangerous 
Spirit amongst some of the Inhabitants (as yet not wholly subsided) 
which has been productive of so much Tumult and Confusion, more 
especially as the Act, by its own Limitation in time is now upon the 
point of expiring, The said Lord Commissioners were humbly of 
opinion that it would be advisable for His Majesty to Instruct and 
Direct the Governor of North Carolina to recommend to the Legis- 
lature, in case they shall proceed to enact a new Law for the above 
general purposes, to pass it with an exception as to the Clause in 
Question, or with such Alteration and Amendment thereof as shall 
free it from the Objections above stated; And the Lords of the Com- 
mittee being of opinion that it might be advisable for His Majestj' 
to permit and. suffer the said Act to expire by ils own Limitation, 
ai\d that an Instruction should be sent to the Governor of North 
Carolina agreeable to what is above proposed by the Lords Commis^ 
sioners f6r Trade and Plantations. His Majesty this Day took the 
said Report into Consideration, and was pleased with the advice of 
His Privy Council to approve thereof, and accordingly to permit and 
allow the said Act to expire by its own Limitation; And His Maj- 
esty doth hereby Order, that the Lords Commissioners for Trade and 
Plantations, do prepare the Draught of an Additional Instruction 
for the GJovernor of North Carolina, enjoyning him to recommend 
to the Legislature there, in case they shall Proceed to Enact a new 
Law for the above general purposes, to jiassit with an Exception, as 
to the Clause in Question, or with such Alteration & Amendment 
thereof, as shall free it from the Objections aforestated. 

STEPH. COTTRELL. 



COLONIAL RECORDS. 289 



[B. P. R. O. No. Carolina. B. T. Vol. 17.] 

At the Court at S' .Jamks's 
the 15'" day of May 1772. 
Present 
The King's most Excellent Majesty in Council. 
Whereas there was this day read at the Board a Representation 
from the Lords Commissioners for Trade and Plantations with a 
Draught of an additional Instruction for the Governor of North 
Carolina (prepared by them in pursuance of his Majesty's order in 
Council of the 22°'* of last month) requiring him in case it shall 
be found necessary to enact any new law within the said Province 
for preventing Tumults and Riotous Assemblies to take especial 
care that such law be framed as near as may be agreeable to the 
Laws of this Kingdom and that he do not upon any pretence what- 
ever give his assent thereto unless the same shall appear to be intirely 
free from the objections stated in the said 'additional Instruction 
against a clause contained in an Act passed there in 177L intituled 
"An Act for preventing Tumults and Riotous Assemblies for the 
more speedy and effectual punishing the Rioters and for restoring 
and i^reserving the public peace of this Province." His Majesty 
taking the same into consideration was pleased with the advice of 
his Privy Council to approve of the said Draught of an additional 
instruction (which is hereunto annextd) and to order as it is hereby 
ordered that the Right Honourable the Earl of Hillsborough one of 
his Majesty's principal Secretaries of State do cause the same to be 
prepared for his Majesty's Royal signature. 



[B. P. R. O. No. Carolina. B. T. Vol. 17.] 

At the Court at S' James's 
the 15'" day of ilay 1772. 
Present. 
The King's most Excellent Majesty in Council. 
Whereas there was this day read at the Board a Representation 
iroM. the Lords Commissioners for Trade and Plantations with a 
Draught of an additional Instruction for the Governor of North 
VOL. IX — 19 



290 COLONIAL RECORDS. 



Carolina (prepared by them in pursuance of his Majesty's order in 
Council of the G"" of this Instant) requiring him to recommend to 
the Assembl}'' of the said Province to pass a New Act to encourage 
and support the Establishment of a Post Office in that Province 
free from the objections stated in the said additional Instruction 
against an act passed there in 1771, intitled "An Act to encourage 
and support the Establishment of a Post Office in this Province." 
His Majesty taking the same into consideration was pleased with the 
advice of his Privy Council to approve of the said Draught of an 
additional Instruction — (which is hereunto annexed) and to order 
as it is hereby Ordered, that the Right Honourable the Earl of Hills- 
borough one of his Majesties principal Secretaries of State do cause 
the same to be prepared for his Majesty's Royal Signature. 



Additional Instruction to Our Trusty and Wellbeloved Josiah Mar- 
tin Esq" Our Captain General and Governor in Chief in and 
over our Province of North Carolina in America or in his absence 
to the Commander in Chief of the said Province for the time being. 
Given 

Whereas it hath been represented unto us, that a law was passed 
in. our Province in North Carolina in 1771, intituled, "An Act to 
encourage and support the establishment of a Post-Office in this 
Province, enacting, among other things, that if any Accident shall 
at any time happen to a Post-rider or Mail-bearer on the road 
either by sickness of himself, failure of his horse," or otherwise it 
shall and may be lawful for him to apply to such person as may be 
nearest, resident to the place where such Accident' may happen who is 
thereby required to convey the Mail to the next Stage for which he 
shall be entituled to receive from the acting Post master General of 
the Province or his Deputy at the Stage, where the mail shall be 
delivered, one shilling per mile, for every mile he may have carried 
the delivery thereof" and whereas it appears to us, that the making 
it compulsory upon the acting Post-master General or his Deputy to 
pay any Expence that may be incurred, in ca.se of the Accident 
stated in the Clause above recited is incompatible with the spirit 
and intention of the Act of Parliament passed in the 9"" Year of 
the Reign of Queen Anne, intituled "An Act for establishing a 
" General Post Office for all her Majesty's Dominions and for set^ng 
" a weekly sum out of the Revenues thereof" for the Service of the 



COLONIAL RECORDS. 



291 



War and other of Her Majesty's Occasions." We have therefore 
thought fit to disallow the said Act. But, whereas it hath been also 
represented to Us that the said Act contains several useful provis- 
ions and the whole seems calculated for the general purj^oses of 
Expedition & security in the consequence of the Mails, It is there- 
fore Our Will and Pleasure, that you do recommend to the Assem- 
blj'^ of Our Province under your Government, to pass another Act 
for the above general Uses, free from the Objections hereinbefore 
recited. 



[B. P. R. O. No. Car. B. T. Vol 17.] 

Rules of Precedency compared and adjusted from the several Acts 
and Statutes made and provided for the Settlement of the Precedency 
of Men and Women in England by 

.JOSEPH EDMONDSON 

Mowbry Herall. 



PRECEDENCY OF MEN. 

Governor of the Province 

Pi'esident of the Council. 

Councellors 

Speaker of the Commons ^ 

House of xVssembly J * 

Chief Justice 

Baron of the Exchequer 

Associate .Judges 

Baronets 

Attorney General 

•Judge of the Admiralty 

Secretary of the Province 

Gentlemen of the Assembly 

Mayor 

Aldermen 

Members of the Corporation 



PRECEDENCY OF AVOMEX. 

Governors Wife 
His Wife 
Their Wives 

His M'ife 

His Wife 
His Wife 
Their Wives 
Their Wives 
His Wife 
His Wife 
His Wife 
Their Wives 
His Wife 
Their Wives. 
Tlieir Wives. 



292 COLONIAL RECORDS. 



[B. P. R. O. Am. & W. IN-D.: No. Carolina. Vol. 219.] 

Governor Martin to Sec''^LIillsborough. 

North Carolina New Bern, 

May 18* 1772. 
My Lord, 

I have the honour to acknowledge the Receipt of Your Lordship's 
letters circular bearing date the 5"" and 8* of February by which I 
learn with the deepest concern the afflicting losses of his Majesty's 
Royal Family in the death of her Royal Highness the Princess 
Dowager of Wales and the Landgravine of Hesse Cassel events that 
claim the condolence of all his Majesty's Subjects and in which I 
most sincerely and particularly participate with your Lordship fer- 
vently wishing that his Majesty's Royal mind may be long exempted 
from such natural incidents of affliction and every other ground of 
disquiet. 

The Order of the Lord Chamberlain's and Earl Marshal's Offlces 
that have been transmitted to me from your Lordship's Office in con- 
sequence of those melanchoh' events I have published in this Prov- 
ince and the mourning for his Majesty's Royal Mother commenced 
here by my appointment yesterdaj'. I have also issued a Proclama- 
tion directing the alteration of the form of Praj^er. His Majesty's 
Royal Instruction relative to Laws touching the attachment of 
effects of persons who have never resided in the Colony I shall not 
fail to pay the strictest attention to. It is most obviou,sly founded 
upon those generous principles of equity that shine forth in every 
part of his Majesty's Government and every expedient to restrain 
the too prevalent disposition here to favour the Colonists at the 
expence of the Briton of which the Superior Court Law now exist- 
ing here as far as it regards attachments is an irrefragable proof, 
and of which part it will become my duty to take care to have it 
recinded at the next Session of the General Assembly when, it will 
expire and must of necessity be reenacted as it is the Foundation of 
distributive justice in this Country'. 

I have the honor to be &c 

JO. MARTIN. 



COLONIAL RECORDS. 293 



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

COUNCIL .lOURNALS. 

At a Council held at New Bern May 19'M772. 
Present 
' His Excellency the Governor 

( .James Hasell Samuel Strudwick 1 

The Honble- Lewis DeRosset and l-Esf|uires 

( John Sampson Samuel Cornell j 

This Board proceeded to enquire into a complaint against Sam' 
Smith and Col Cogdell, the first for being privy to abuse and fraud- 
ulent design and the second for partiality in the execution of his 
office as Majistrate When Col Cogdell was fully and honorably 
acquitted, but the presumption being strong against Mr Smyth, It 
was ordered that he should be struck from the Commission of the 
Peace for Craven County. 



At a Council held at New Bern May 20'" 1772 
Present 
His Excellency the Governor 
" mi TT 1 1 f James Hasell and 1 t-, 

TheHonble -^ gamuel Strudwick Samuel Cornell } Esqnires 

Ordered a new dedhnus to augment the last Commission of the 
peace for Tyrell County with the following names Viz. 

Ebenezer Slade Sen" .James Sherwood, Kenith MTvenzie, Thomas 
Hunter, and John Lewillin. 



At a Council held at New Bern 22'' May 1772. 
Present 
His Excellency the Governor, 
rrii TT 1 1 f Jas Hasell ■ and \ -r, 

TheHonble | gamuel Strudwick Samuel Cornell j ^^^i^"^'*^^ 

Ordered a new Commission of the peace to issue for the County 
in which the names of John Smith, John Lochart, Zachy Barron, 
W" Richard Jas])er, Benj. Mason, and Thomas .Jardau ai'e to be 
omitted ; and Richard Harvey, "William Russel, Benj" Parmelee, and 
Frederick Barron, are to be added. 



294 COLONIAL RECORDS. 



At a CoLuicil held at New Bern 23" May 1772 

Present as above. 
Isaac Edwards Esquire took the Oaths on being appointed Dep. 
And'. 



At a Council held at New Bern 26'" May 1772. 
Present. 
His Excellency the Governor. * 

„, TT 1 1 f James Hasell Martin Howard, and 1 ^ 

The Honblc | ^^^^^^^^^ Strudwick Samuel Cornell J ^^^1"^^'^^ 

His Excellency acquainted the Board that he was well informed 
it hath been a frequent practice for persons to make entries [of Land 
in the Secretarys Office in consequence of which they destroyed the 
timber and.burnt off the lightwood without ever prosecuting their 
title or taking out Patents for the Land by which means His Maj- 
estys Revenue is injured and the payment of his quit "rents evaded; 
and desired their opinion what method would be taken to put a stop 
to so fraudulent a Practice. The Hoard were of opinion that His 
Excellency .should issue a Proclamation to prevent so injurious a 
practice, Viz. 

North Cakolixa — • 

By His Excellency .Josiah Martin Esq, &c. 
A Proclamation 

Whereas many persons have made frequent practice of entering 
Tracts of Land in the Secretarys Office and immediately set down 
on the same — carried off the timber and burnt the lightwood with- 
out further prosecuting their claim to a patent for the said Land to 
the great injury of His Majestys Revenue and his well disposed sub- 
jects who come to settle in this Province. In order therefore to put 
a stop to such iniquetoua proceedings I have thought fit by and with 
the advice and consent of His Majesty's Council to issue this Procla- 
mation hereby strictly enjoining and forbiding all persons whatever 
who shall hereafter make entry of any Tract piece or parcel of Land 
in the Secretarys Office of this Province or with any surveyor author- 
ized to receive the same, from presuming to enter upon the said Land 
until they shall have full}' perfected their claim to a patent and 
actually received the same. And it is hereby declared that any 
person or persons so doing shall be prosecuted with the utmost 
rigour of the Law for such trespases and if discovered before the 



COLONIAL RECOIJDS. 295 



jiateiit has actually becu granted and passed the proper Offices, sliall 
forfeit all right or claim to a patent and the Land so entered shall 
be free and open for any other person to make entrj^ thereof. And 
it is hereby further declared that any person or persons who shall be 
known to gather lightwood upon any of the ungranted lands of his 
Majesty within this province shall be rigorously jirosecuted for such 
offence. 

Given under my hand etc &c JO. MARTIX 

God Save the King 



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

AVhereas His Slajestj- by His Royal Instruction bearing date at 
S' James the Seventeenth day of February 1772, hath been 
gracioush' plea-sed to signifj^ His Roj'al "Will and Pleasure, that the 
order of the Lords of His Majestys Honorable Privy Council of 
the eighth daj' of the l"" Month of February that in the Morning & 
Evening Prayers in the Litanj' & in all other parts of the Public 
Service, as well in the occasional Offices as in the Book of Common 
Prayer, when the Royal Family is particularh' appointed to be 
prayed for, the following Form <i- Order should be observed Viz' Our 
Gracious Queen Charlotte, His Royal Highness George Prince of 
"Wales and all the Royal Familj^, and that it is therefore His Maj- 
estys Royal "Wish & Pleasure that in all the Prayers, Litanies and 
Collects for the Royal family to be used within His Majestys Prov- 
ince of North Carolina, the said aforementioned Form & Order be 
observed. I do therefore in His Majesty's Name strictly command 
and enjoin, that the said Form & Order be strictly and exactly 
observed in all Parish Churches, Chai^els and other Places of Divine 
"Worship in this Province and that Publication of His Majestys Royal 
will & Pleasure herein be forthwith made in the said Places of 
Divine Worship that ol^edience may be paid thereto accordingly. 

The Earl of Hillsborough one of His Maj&stys Principal Secre- 
taries of State having transmitted to me the below of The Earl 
Marshal for a Geu' Mourning for her late Royal Highness the 
Princess Dowager of Wales to the intent that His Majestys Subjects 
in this Province should be made accj[uainted therewith. In pur- 
suance thereof I do appoint the General Mourning on this occa- 
sion to commence in this Province on Sundav 17"" instant. 



296 



C01.0NIAL RECORDS. 



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COLONIAL RECORDS. 



[FfiOM M3. Records in Office of Secretary of State.] 

Li.st of the Counties, Clerks, Registers, Colonels and Coroners iii the 
Province. 



counties 



CLERKS 



REGISTERS • 



Anson 

Beaufort 

Bertie 

Bladen 

Brunswick ._ 

Bute 

Carteret 

Chatham 

Chowan 

Craven _ 

Currituck 

Cumberland 

Dobbs 

Duplin 

Edg?combe _ . 

Granville 

Guilford >. .. 

Halifax 

Hertford .... 

Hyde 

Johnston 

Jlecklenburg 
New Hanover 
Northampton 

Onslow 

Orange . 

Pasquotank. - 
Perquimans. 

Pitt- 

Rowan 

Surry 

Tryon . 

Tyrrell 

Wake 



James Auld W" Colson . 

Wyriot Ormond 
John Johnston . 
Martin Colville. ... Rib' Edwardt 

Will" Lord W- Lord 

Alex M'CuUoch Johnston 

Robert Reed Jo?. Bell 

VViiliam Hooper . . j 

Tho^ Jones Ja* Campbell 

Christ. Neale C. Neale . . . 

Howell Williams... Sam Jarvis . 
Tho. Ruthevf.ir.d 
Martin Caswell. 



Sam Spencer . .Jos. Hinds 



W"" Thompson 



jJames White 
John Hawkins 



James Sampson 

James H dl 

Reuben Seasury 



T. RutherforcJ 
W""C,iswell.. 
R« Clinton .. 



Ed. Vail i 

R* Cogdell .. jTho» Sitgreaves 
.Hilary Simons 



Jesse Benton. 



Thomas Henderson. Sim Martin.. 

Benjam" M^Culloch.' 

Benj" Wynns . Benj Wynns. 

Groige Barrow Geo Barrow . 

John Rand \ . . 

Sob' Harris Rob' Harris.. 

John London ... ... Jit.' Moran . . 

Willie Jones I 

Will" Cray ...iW" Cray.... 

Fran Nash Ja' Watson.. 

Frederick Blount. . . W M°Cormick 

Miles Harvey Tho» Harvey. 

Evl ward Salter Jn° Simpson. 

John Frohook Jn° Brawley 

Jesse Benton ! . .. 

Ezekiel Polk ;Tho= Neale. . 

Francis Ward Fra' Ward Jr 

John Rice ' 



R"! Caswell.... .... 

Ja^ Sampson 

W" Haywood. lEthelred Exum 
Rob' Harris I 



Nich Long 



M. Alexander 



W^ Cray 
Fra Nash . 



W" Cray 
Tho= Lloyd 



Jn° Harvey 

John Simpson. [Deinp^'J Grimes 

! W" Temp' Coles 

, JGideon Wright 



COLONIAL RECORDS. 299 



[B. P. R. O. Am. & W. IND.: No. Carolina. No. 219] 

Governor Martin to Secretary Hillsborougli. 

NoKTH Carolina New Bickx, 

June 5'" 1772. 
My Lord, 

I have the honor to inform your Lordship that I conckided on the 

day of last month the Business of the Court of Chancery which 

was very much accumulated since the last court held b}' Governor 
Tryon and on the 23'' I finished the Court of Claims that had been 
continued from the ll* having issued Warrants from N° 1, to 860 
and Patents from N° 1. to 483. except N" 8i. 129. 173. 184. and 286. 
which are caveated as will appear more at large by the minutes of 
Council herewith transmitted some surveys having been made of 
Lands which wei'e supposed would fall within the Province of South 
Carolina, when the line prescribed should be run, I recommended 
to the Petitioners to take out Patents in that Government but they 
urging the probability of being anticipated by the Inhabitants of 
that Province and declaring their willingness to run the risque of 
the validity of such grants made by me I advised with his Majesty's 
Council thereupon and with its concurrence I granted them Patents 
as I assumed the Parties with reluctance under great doubts of their 
validity these however were few in number upwards of 70 entrants 
of Lands in the same predicament having by my advice withdrawn 
their entries here to make them in the Province of South Carolina. 

The Commissioners appointed bj' me on the part of this Province 
to run the line of Boundary arrived according to my appointment 
mentioned to your Lordship on the 20"" of April last at the Catawba 
Town; where finding no commissioners from South Carolina and 
after waiting some days hearing that Lord Charles Montague was at 
Camden not far within the confines of that Province upon a Tour of 
amusement M"" Dry one of the Commissioners for this Province waited 
upon his Lordship informing him of their arrival to execute the 
service prescribed by his Majesty's Royal Instruction and praying 
that the Commissioners of his Lordships appointiiient might be forth- 
witli directed to meet them; to which his Lordship replied that he 
did not expect me to appoint Commissioners until the Assembly of 
South Carolina should agree to defray the whole expence of the ser- 
vice, and tliat he could not order the meeting of his Commissioners 



300 COLONIAL RECORDS. 



until lie should return to Charles Town and consult his Majesty's 
Instructions which would certainly delay the Commissioners meet- 
ing until the 20'" of May. Lord Charles Montague wrote to me 
at the same time a letter of this impoi't which I own has no less sur- 
prised than chagrined me ; as by my letters of which his Lordship 
acknowledges the receipt I had to my own conviction taken every 
measure that I could think of, to execute the service directed by his 
Majesty -with the utmost precision and dispatch carefully avoiding 
all ambiguity. The inconvenience however that will arise from the 
delay occasioned by Lord Charles Montagues misapprehensions, will 
I trust be felt only by the Gentlemen who are Commissioners in 
behalf of this Province: and that the service will be as fully and 
effectually performed and only a month later than I had designed. 

M' Malcom Comptroller of the customs for the Port of Currituck 
having been charged upon Oath by sundry persons of venality and 
corruption as well as extortion in Office, I have thought it for his 
Majesty's service to suspend him of which I have informed the Com- 
missioners of his Majesty's Customs at Boston and have transmitted 
to them the sundry depositions made of the misconduct of that officer. 

I propose as I had the honor to inform your Lordship- by a former 
letter to set out for Plillsborough on the 20* instant where I shall 
establish my head quarters for the Summer making thence from 
time to time excursions through all the Western Counties of this 
Colony. 

I can with great pleasure and truth assure your Lordship that the 
Birthday of our most gracious Sovereign was observed yesterday in 
this little Town with every demonstration of zealous and unfeigned 
loyalty. 

I have the honor to be &c 

JO. MARTIX. 



[B. P. R. O. Am. & W. I.ND.: No. Carolina. Vol. 319.] 

Letter from Sec'-' HilLsborougli to Governor Martin. 

Whitehall, June G"' 1772. 

SlK, 

I have received your Dispatch N' 9, and have laid it before the 
KiuQ-. 



COLONIAL RECORDS. 301 



Your refusal to concur ^vith the House of Assembly in the Prnj)0- 
sitioii they made to you to discontinue the Duties and Taxes which 
are the Fund for redeeming the outstanding Paper Bills of Credit 
and the Measures you pursued to prevent the Operation of their 
unwarrantable and unconstitutional Proceedings in consequence of 
that refusal are approved by the King. It certainly was become 
highly necessary to lose no time in putting an end to the Existenoe 
of an Assembly that appears to have so little regard to the true 
Interest of their Constituents, and to have acted upon principles so 
inconsistent with the public faith and justice. 

It is to be hoped that the conduct of the Speaker in delivering the 
Order for omitting the Poll Tax of one shilling in the Sheriffs Lists 
and the Compliance of the Treasurers with that Order were more the 
Effect of their Fears of the Resentment of the Assembl}^ than of any 
Disposition on their part to concur in such unwarrantable proceed- 
ings; but if they were willing Participants in the guilt of these 
Transactions it shall seem to me- that both Policy and Justice require 
that their conduct should not be passed over. I am therefore to sig- 
nify to you His Majesty's Pleasure that if the Speaker who delivered 
the Order you mention to the Sheriffs should appear to you to have 
been an active Promoter of those unconstitutional proceedings and 
shall upon the meeting of the new Assembly be again elected for 
that Office you do refuse 3'our assent to such Election unless you 
shall be of opinion that such a step for Reasons that cannot be fore- 
seen here may be of prejudice to His Majesty's service. 

As to the Public Treasurers as I am not sufficiently acquainted 
with the nature and constitution of their offices or whether they are 
or not removable by His Majesty's Governor I am not able to form 
a Judgment what steps it may be advisable to pursue with regard to 
them. 

Inclosed I send you by the King's command two additional 
Instructions from His Majesty to you for your guidance in passing 
Acts of Assembly for the puri^oses to which they refer also an order 
of His Majesty in Council of the 6"' of May last disallowing an Act 
passed in N° Carolina in Jan'^ 1771, and I am to signify to you His 
Majesty's pleasure that you do cause this order to be made public in 
the manner visual upon such occasions. 

By the next Packet I shall transmit to you for your private 
Information a Copy of the Report of the I^ords of Trade -which 
induced this Disallowance. I am Ac, 

HILLSBOROUGH. 



302 COLONIAL RECORDS. 



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

The Pkovixce of North Carolina 

To the Commissioners for Running the Boundary Line betwee/i 
the Provinces of South & North Carolina agreeable to the Royal 
Instructions and by Commission from his Excellency Josiah Martin 

Esquire Dr 

To John Rutherford Commissioner for 76 daj^s Service 

((3 70= £266 

D" for 3 Horses 76 days f«( 3» 34 4 

D° 2 Servants Attendance frtj 3' 22 16 

D-foraTent 10 

D° Travelling Expenses & Ferriages from Wilmington 

to Mecklenburg 5 

D° d° back from Mecklenburg to Wilmington ') 

To William Dry Commissioner for 76 days Service («i 70' 266 

D° for 3 Horses 76 days @ 3' 34 4 

D° 2 Servants Attendance («) 3' 22 16 

D'aTent 10 

D" Travelling Expenses & ferriages from Brunswick to 

Mecklenburg 5 

D° d° from Mecklenburg to Brunswick 5 

To Col Moses Alexander commissary '^ amount 190 15 9 

To Col Thomas Rutherford Surveyor 73 daj-s 1^2 10 

To Cap' Thomas Polk d° 69 days - 172 10 

To John Rutherford for Cash advanced to the Chain 

Carriers, markers &c. as follows 

Robt Burns Chain Carrier 43 days (7r , 4^ 8 12 

John Rogers D" 8 12 

John Walter Gibbs D° 8 12 

William Waddel D° 8 12 

Daniel Alexander marker 43 days (A\ 4' 8 12 

Thomas Walker d° 8 12 

William Berryhill d"-__ 8 12 

William Coleson 48 days d"-. 9 12 

James Campbell Drummer 40 days @ 4' 6'' 9 

William Alexander Hunter 46 (ch 4° 6'' — D° for his Horse 

Oj -lU:/ 16 2 

1326 13 9 

JNO RUTHERFORD 
Mecklenburg lO"" June 1772. WILL" DRY 



COLONIAL RECORDS. * 303 



''^ [B. P. R. O. No. Caeolixa. B. T. Vol. IT] 

At the Court of S' James's 
tlie 19'" day of June 1772. 
Present 
The Kings most Excellent Majesty in Council. 

Whereas there was this day read at the Board a Report from the 
Right Honourable tlie Lords of the Committee of Council for planta- 
tion affairs Dated the 17'" of this Instant in the words following 
viz, 

Your Majesty havriig been pleased by your order in Council of 
the 14"" June 1771, to referr to the Lords Commissioners for Trade 
and Plantations the humble petition of James Macdonald Merchant 
of Portrie in the Isle of Sky and Norman Macdonald of Slate in 
the said Island for themselves and on behalf of Hugh Macdonald 
Edmund Macqueen John Betton and Alexander Maccjueen of Slate 
and Reverend M" W° Macqueen and Alexander Macdonald of the 
said Isle of the Sky and County of Inverness setting forth that the 
petitioners have had in view to form a settlement to themselves and 
their families in your Majesties Province of North Carolina have for 
some time been making Dispositions for that purpose by engaging 
servants and disposing of their Effects in this Country and being 
now read}' to embark and carry their said intention into execution 
the petitioners humbly pray that your Majesty will be pleased to 
grant them Forty thousand Acres of Land in the said Province 
upon the Terms and Conditions it hath been usual to grant such 
Lands. The said Lords Commissioners have reported to tliis Com- 
mittee " that the emigration of the Inhabitants of Great Britain and 
Ireland to the American Colonies is a circumstance which in their 
opinion cannot fail to lessen the strength and security and to preju- 
dice the landed Interest and manufactures of these Kingdoms and 
the great extent to which this emigration has of late years prevailed 
renders it an object well deserving the serious attention of Govern- 
ment that upon the Ground of this opinion they have thought it 
necessary in cases M'here i hey have recommended Grants of Land 
in America to be made to persons of substance and ability in this 
Kingdom to propose amongst other conditions tliat they should be 
settled by foreign protestants and therefore the said Lords Commis- 
sioners can on no account recommend to this Committee to advise 



304 * COLONIAL RECORDS. 



your Majesty to comjjly with the prayer of a petition founded on 
a resolution taken by a number of considerable persons to abandon 
their settlements in this Kingdom and to pass over to America with 
their Families and Dependants in a large body and which therefore 
holds out a plan that they think instead of meeting the encourage- 
ment ought rather to receive the discouragement of Government. 
The Lords of the Committee this day took the said Representation 
and petition into consideration and concurring in opinion with the 
said Lord Commissioners for Trade and Plantations do agree hum- 
bly to report as their opinion to your Majesty that the said Petition 
of the said James and Norman Macdonald ought to be dismissed. 

His Majesty taking the said Report into consideration was pleased 
with the advise of his Privy Council to approve thereof and to order 
as it is hereby ordered that the said Petition of the said James and 
Norman Macdonald be and it is hereby dismissed this board. 



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

Governor Martin to the Secretary. 

NoKTH Cakolixa Newbern June 20"' 1772. 
Reveeend Sie, 

I should be much wanting in justice to a most excellent and 
deserving character that has enjoyed the honorable patronage of 
the Society for the propagation of the Gospel if I did not stand 
forth to defend Mr. Thomlinson from any ill impressions that may 
be conceived of him on his dismission from the mastership of the 
public school in this Town which under his direction promised to 
become a Seminary of great utility and consequence. 

Upon the strictest enquiry I find his character and conduct not 
only unimpeached but standing in the fairest light; and he has 
been discharged from the Mastership of the School through the 
caprice of a few of the Trustees who have an overruling influence 
in absurd resentment of his just moderate and necessary exertion 
of the authority of a pedagogue over their contumacious children. 

The province Law under which this Institution was made vests 
the Trustees with power so absolute with respect to the dismission of 
Masters as to deprive me of every opportunity to redress this worthy 
and injured Gentleman I can therefore only lament the oppression 



COLONIAL RECORDS. " 305 



he has felt in the most ungenerous requital made to his successful 
and indefatigable labours, and bear my testimony to the Society of 
his exemplary righl conduct and good character. This Gentleman 
continues to officiate from a just regard to the duties of religion as 
Reader of this Parish, while the Rector is engaged near half the 
year in the remote parts of his wide parish; and acquits himself so 
admirabl)' in that station that I cannot help wishing it may be seen 
consistent with the pious and laudable views of the Society to 
extend its bounty to him. 

I herewith transmit to you an address subscribed by all the prin- 
cipal Inhabitants of this colony, in behalf of Mr. McCartney a 
clergyman established here, to be laid before the Society and the 
strong recommendations I have had of M' Hobard Briggs another 
Clergyman of this Colony engage me to wish that the Society may 
extend the same bounty to him. 

I shall with great cheerfulness cooperate with the Society upon 
every occasion, happy if it shall be in my power to promote its 
pious and laudable designs. I am &c. 

JO. MARTIN. 



LN. C, Letter Book. S. P. G.] 

Governor Martin to the Lord Bishop of London. 

Noimi Carolixa New Bern, June -20"" 1772. 
My Lord, 

As I am well acquainted with your Lordship's good disposition 
to promote all useful knowledge, and above all that of the Christian 
Religion, it becomes my duty to inform your Lordship that an Act 
of the General Assembly for establishing a public School in this 
Town was passed here in the year 1766 in consequence of which 
Mr. Thomas Tomlinson a man of unexceptionable good character 
and qualifications was invited here from England by the Reverend 
Mr. Reed a most worthy Clergyman and one of the Society's mis- 
sionaries, to take the conduct of it, and that under his auspices and 
the encouraging countenance of that venerable Society it promised 
to become an Institution of the greatest utility until the Trustees of 
the School actuated by most unju.st resentment and taking advan- 
tage of a most extraordinary and unreasonable power given to them 
by the Act of Assembly dismissed him from his charge without 

VOL. IX — 20 



306 COLONIAL RECORDS. 



notice, and without complaint or reprehension ; colouring since, their 
arbitrary proceeding, with general suggestions of neglect which they 
cannot in one instance prove although repeatedly called upon to do 
so by the injured Mr. Tomlinson, it hath grieved me extremely to 
find it out of my power to redress this worthy man, but the Act of 
Assembly vests the Governor with a power perfectly nugatory, 
making his Licence necessary to the appointment of a master while 
the absolute power of dismission and removal of Masters is reserved 
to the Trustees, and requires not his consent or particiip^ition, thus. 
My Lord, the Kings Governor is rendered the mere Instrument of 
the Trustees power, which they have most capriciously exercised in 
the present instance, and who being ignorant and uneducated men, 
are as little capable of judging of the merits of a pedagogue, as 
inclinable to do justice. 

Matters of this nature falling particularly under your Lordships 
notice as a patron of religion and letters, and a coadjutor in the 
laudable and pious designs of the Society for the propagation of the 
Go.spel whose countenance and encouragement hath been heretofore 
extended to this Institution I humbl}^ beg leave to urge to your 
Lordships consideration, as a member of His Majestys most honor- 
able privy council the expediency of recommending the aforemen- 
tioned Act of the General Assembly of this Province for His Maj- 
estys Royal disallowance, as depriving the Governor of power with 
which he ought to be invested, to oppose the injurious and arbitrary 
proceedings of the Trustees, who left to the free exercise of their 
caprice rau.st ruin an Institution that might under proper regu- 
lations become of the utmost advantage to society, by promoting 
useful knowledge. I have lately written to the Earl of Hillsborough 
on this subject, and I have every reason to believe that your Lord- 
ship will find that virtuous nobleman and able Minister disposed to 
concur with your Lordship, in all such proj^er measures as may be 
■taken on the occasion. 

Nothing has been done during my administration concerning 
Ecclesiastical affairs I shall steadfastly labor for the better establish- 
ment of our clergy, and until they can be put upon some more 
independent footing, I think it will not be good policy to augment 
their number in this Province. 

Mr Hobart Briggs and Mr. M\'artney clergymen in tliis Province 
having been ttrongly recommended to my good offices by all the 
principal persons thereof. I have reported their good conduct to the 



COLONIAL RECORDS. . 307 



Society for the propagation of the Gospel and recommended them for 
a continuation of their Missionarys Salaries, to which I could wish 
to ensure success by engaging your Lordship's protection of them. 
I have the honor to be, My Lord, &c., 

■ ' JO. MARTIN. 



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

Letter from William -Johnston to Richard Bennehan Esq 

HiLLSBOEOUGH JuiiG 29* 1772 
Dear Sir 

This serves to acquaint you that the Governors Baggage arrived 
at this place on Saturday evening last, The Letters that came saj's, 
his Excellency, with his Family & Retinue left Newbern the 21°' 
Curr' and is not expected to be nearer than Nat' Gary's this night, 
owing to his Horses being in bad plight, tho Col° Nash sent off five 
yesterday to meet them which will be some assistance; It is thought 
they will not get further tomorrow evening than "Wake Court house or 
Nat' Jones's, so that they cannot reach Hillsborough before Wednes- 
day Night, they travel very slow & in all are upwards of twenty in 
Number; However it is agreed that we start tomorrow morning 
after Breakfast in grand Cavalcade & not return until we meet 
them. Mess" Hogan & Osborne joins us at Jn" Booths & I hope 
you will at Jn" Pattersons, if we get there first will wait for you, 
& if you arrive first you may stay for us. — If M" Stagg has done 
any of the Little Girls Cloaths send em up by the Bearer, & a Bus' 
of Meal if to be spared, hasten his return as fast as po.ssible so 
that he may get home before night. 

I am D' S' Y' most ob' Sev' 

W" JOHNSTON. 



[B. P. R. O. Am. & W, IxD. : Xo. Carolina. No. 219.] 

Letter from Secretary Hillsborough to Governor ^lartin. 

Whitehall Julv 1" 1772. 
Sir, 

I have received your dispatches N" 10, 11, 12, 13 and 14 and have 
laid them before the Kino;. 



308 , COLONIAL RECORDS. 



The acts and proceedings of the legislature referred to in j^our 
letter N° 10 have been communicated to the B* of Trade together 
with your observations upon them and I am commanded to signify 
to you His Majesty's approbation of the attention you have shown 
to a very important part of your duty in the early and regular 
Transmission of these Papers. 

The state of the Office of Clerk of the Pleas and the Mode of 
appointing the Clerks of the County Courts certainly deserves atten- 
tion and although it matters not by what artifices the Commission 
of the Clerk of the Pleas was obtained or how it came to be separated 
from the Secretary's Office yet I entirely agree with you in Opinion 
that the power vested in that Officer by the Law of 1762 of appoint- 
ing a Clerk for each County Court during good behaviour whilst 
himself holds his office during Pleasure only is improper and com- 
bined with the iniquitous practice of the sale of these Offices to the 
best Bidder gives him an Influence inconsistent with the Public 
Welfare. 

Whether his Majesty will think fit to discontinue the Office of 
Clerk of the Pleas and to revoke the Commission given to M' Strud- 
wick I cannot take upon me to say but I am clearly of opinion that 
the Act for erecting" inferior Courts of common Pleas which you say 
expires next year, ought not to be revived in its present shaped an 
it will be your duty to refuse your assent to any Law whatever that 
shall give the Clerk of the Pleas a power of appoiiiting County Clerks 
otherwise than during pleasure and that shall not make them 
removeable by his Majesty's Governor. 

The Observations upon the Revenue of Quit Rents contained in 
your letter N° 12 and your opinion of the Expediency of purchasing 
Lord Granville's Property have been communicated to the Lords of 
the Treasury and I shall be very glad if those Observations may 
furnish any Hints to their Lordships for the improvement of so 
important a part of his Majesty's Interests. 

I am sorry to find by your letter N° 13, that the Lenity which you ■ 
say has been shewn to Hunter and his Associates had no other con- 
sequence than to harden them in their Guilt and that they are 
encouraged by the timidity and connivance of the Magistrates to 
meditate further Mischief but I hope they will be disappointed in 
their views, and that you will be able to make such a reform in the 
Mao-istracy as will have the effect to give vigour to the Laws Sta- 
bility to Government and Peace and Tranquility to the People. 



COLONIAL RECORDS. 309 



The form of Commissions of Mark and Reprisal referred to in the 
95'* article of your Instructions the' said to be delivered therewith is 
I find upon enquiry never transmitted to the Governors until after 
War is declared and with regard to the Commission for Tryal of 
Pyrates as the Colonies of Virginia Maryland & N° Carolina are 
included in one patent which is recorded in Virginia, I apprehend 
that all persons arrested in N° Carolina upon a charge of Piracy must 
be sent thither to take their Trials. 

I am sensible that a Liberty to import foreign Salt into N° Carolina 
would be of some advantage to the Colony in the case you mention 
but I cannot take upon me to recommend it as the Board of Trade 
did some time ago advise that a proposition of the like nature made 
by the Colonj^ of Virginia should be rejected as tending to discour- 
age the Manufacture of Salt in this Kingdom and to open a door to 
solicit Trade. 

The giving sanction b}' Law to tlie issue of a paper currency is a 
very serious consideration and you was certainly right in thinking 
that you was not at liberty to give your assent to such a Law with- 
out a suspending clause or until you had first transmitted a Copy of 
the Bill proposed to be enacted and had received His Majestys Com- 
mands in consequence thereof Had the latter of these methods 
been persued at the time you wrote to me for directions upon the 
subject I might have been enabled by putting such Bill into a reg- 
ular train of consideration to have sent you those Instructions which 
without such consideration it was not fit for me t-o give nor can I 
now say more on the subject of the Law you have passed than that 
I hope it will upon examination be found liable to no objection 
either upon the ground of its general policy or from the Restrictions 
contained in the Act of Parliament or in- your general Instructions. 

In your letter N° 14, you continue to express apprehensions of dis- 
contents still remaining in the frontier Counties. Your visiting 
however that i^art of your Government seems to be a very proper 
step and I hope that when His Majesty's gracious Pardon to the 
]\Ierril Family is made known and published in the solemn manner 
you proposed it will have a good effect. 

I am very sorry you have so much reason to complain of the 
neglect and delays of the public Officers in furnishing you with 
those papers which you are required by j'our Instructions to trans- 
mit home but I trust that the Example which you set them of reg- 



310 COLONIAL RECORDS. 



ularity and punctuality in matters of this sort will induce a more 
proper Obedience for the future. 

It will be a great satisfaction to me to find that your proceedings 
in the case of the new Charter granted to Campbeltown have been 
regular and proper but I think that in every case of this nature 
more especially if new powers and priviledges are to be granted it 
would be most advisable to have the sense of Government here upon 
the measure before it is carried into execution. 

I am verj' glad you are of opinion that the Boundary line with 
S° Carolina will be beneficial to both Colonies and I shall hope soon 
to hear that it is finallj'- compleated.. 

There are certainh' iBan}' and very forceable objections to the 
present constitution of the Court of Chancery in N° Carolina but I 
cannot take upon me to advise an Alteration in an establishment 
which tho' it be as j'ou say not warranted by Law have yet the Plea 
of long useage and ancient practice. 

It is however a proposition that will deserve attention when the 
Province is in a more perfect state of Tranquility and when a proper 
Reform may he juade without a hazard of those Inconveniences 
that would follow from the ojaposition that the Members of the 
Council would naturally give to a Measure that must so essentially 
affect their Influence and Authority. 

The flourishing state of Newbern under all the disadvantages 
attending its situation is one among many examples of the rapid 
progress of improvement in America & I shall hope to hear that the 
same laudable spirit of Industry which distinguishes the Neighbor- 
hood of that place has extended itself thro' everj' part of the 
Province. 

I will not fail to recommend to the Lords of Trade a con.sid- 
eration of a Law for establishing a school at Newbern but 
however improper the powers thereby given to the Trustees may 
be yet I cannot but think that it would be more advisable to 
endeavor to obtain an amendment of the Law than by proposing the 
disallowance of it to risk the loss of tlie whole Establishment. 

I am &c: 
HILLSBOROUGH. 



COLONIAL RECORDS. 311 



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

Letter from William .Jolmston to Richard Beiinelian Esq 

HiLLsnoROUGH Julv 2"'^ 1772. 
D' Sir 

If the bearer Col° .John Frohock makes anj' stay with you, shall 
esteem it a favour if you will show him all the Civility you can, he 
is a particular acquaintance of mine. No news since you left us — 
in great ha.ste. I am D' Sir 

Y" very rcsj^ectfully 

W° JOHNSTON. 



[B. P. R. O. A.M. & W. IND.: No. Carolina. Vol.219.] 

Governor Martin to Secretary Hillsborough. 

North Carolina Hillsborough. July S"" 1772. 
My Lord, 

I had the honor to receive your Lordshijis letter N° 6. three daj's 
ago it having arrived at New Bern soon after ray departure thence, 
which was unavoidably delaj'ed to the 22"'' of last month and pur- 
suant to his ]\Iajestj''s commands which your Lordship hath been 
pleased to signify to me thereby I am taking the proper measures 
for promulging and making effectual the several gracious Acts of 
His Majesty's Royal Clemency it enjoins ; and I must inform your 
Lordship that by some strange irregularity the respited convicts 
were liberated after the execution of their accomplices before my 
arrival in this Province which has come to my knowledge onlj'' 
since I have received your Lordships letter declaring the Royal 
Pleasure concerning them. 

I beg leave to assure j'our Lordship, that I have the most dutiful 
and grateful sense of my Royal Masters gracious attention to my 
recommendation of the poor and aged Parents of Robert Matear to 
his Majesty's Bounty. 

The most gracious allowance that the King is pleased to grant to the 
Legislature of this Colony to pass an Act of pardon and oblivion must 
be on all hands considered as an illustrious etfusion of the Royal Good- 
ness and Mtroy and I hope it will excite in his Majesty's subjects 



312 COLONIAL RECORDS. 



here the reverence due to such magnanimity and beneficence while 
the confidence his Majest}'' is pleased by this indulgence to repose in 
the Legislature must claim its highest gratitude and ought to engage 
its strictest attention to the public Tranquility in framing the Law 
consistenth^ therewith; His Majesty's commands to me in relation to 
this subject your Lordship may depend willbe my invariable 
Guide. 

The Indecency of the Assembly's remonstrance, on the head of the 
Boundary Line j^rescribed by his iVIajesty's Roj^al Instruction much 
affected me. I can faithfully assure your Lordship that I did no more 
doubt at that time than I have done since that the arrangement was 
made bj' his Majesty upon the best evidence of its utilitj-, and in 
consecpience of such conviction and that there was no just grounds of 
remonstrance on the part of this Colony. I have pressed the execu- 
tion of his Majesty's commands and I have the satisfaction to inform 
your Lordship that the Boundary Line is run, the Commissioners 
having yet made no report to me of their Operations I am not now 
able to give your Lordship any particular account of that transaction 
but it is with great pleasure I assure your Lordship that every con- 
siderate man here agrees with me in opinion that his Majesty's Deter- 
mination will be advantageous to the Colonj^ The Assertion of the 
House of Assembly that a large body of useful Inhabitants would 
by such a partition be taken from this Province I find upon enquiry 
to be without foundation; on the contrary it is an acknowledged fact 
that the Inhabitants of that Border have been hitherto a licentious 
and lawless Banditti equally useless and troublesome to both the 
Provinces acknowledging and disclaiming as served their sinister 
purposes the jurisdiction of each and paying taxes to neither, avail- 
ing themselves of the doubtful and uncertain limitations of the two 
Colonies. 

The observation with regard to the disadvantage, the Governor of 
this Colony would sustain by contracting it^ extent according to the 
direction of his Majesty's Instruction, that seems justly under your 
Lordship's construction to have excited your indignation, I do 
assure you My Lord upon my honor, was made without the remotest 
design to suggest a wish that it should be a matter of consideration 
to j'our Lordship in planning the equitable division of the Colonies 
now finally ordained. It was by chance I took any notice of it and 
without intention than to shew my opinion that no disadvantage 
could accrue thence to the Colony or to any other party but the 



COLONIAL RECORDS. 313 



CTOvenior who was the immediate servant of the ('rowii and whose 
private interest I do aver to your Lordship I never did conceive to 
deserve one moments attention of your Lordships mind engaged in 
the glorious work of promoting tlie public prosperitj' and I flatter 
myself that your Lordship would do me the justice to believe that I 
am equally incapable of entertaining a sentiment so illiberal as of 
impeaching the justice of your Lordsliip's measures, or of forgetting 
the high obligation I owe to your LordshiiJ for the honor done me 
by your gracious assurance of regard to my personal concernment 
when it may be consistent with the public good to which I hope 
alwaj's to have integrity to postpone myself. 

This little village honoured by your Lordship's Title is situated in 
a high and apparently healthful and fertile Country but from the 
extreme badness of the roads difficult of access and discouraging to 
exercise to which indeed there is no invitation at present after ful- 
filling the calls of duty and satisfying that common curiosity to see 
new places; the settlements in its invirons although numerous beyond 
belief, being yet in infantine rudeness afford but little delight to the 
observer. I see with pleasure this Borough recovering of the vio- 
lences it suffered in the late insurrection marks of which still remain 
to keep alive a dreadful remembrance of that unaccountable commo- 
tion in the minds of its Inhabitants who received me on my arrival 
here with every demonstration of respect and loyalty. I am not 
without hopes that my tour through this Countrj' will be attended 
with good effect. The Outlaws of the County of Guilford among 
whom is Hunter and other principal Leaders in Sedition have since 
my arrival at Hillsborough made the first overtures to surrender 
themselves to Justice. I received a petition from them on the S"" 
instant conceived in Terms of the utmost submission & penitence 
declaring their desire to conform to my prescriptions whatever they 
might be and expressing the strongest desire to expiate their Offences 
against His Majesty's Government and the Laws of their Countrv. 
I replied to them by their Deputies that a surrender of themselves 
to the Justice of their Country I conceived to be an indispensable 
preliminar}' without which recognition of the law's power they could 
never be deemed in place to receive the grace of their Sovereign if 
by the intervention of their Country they should be recommended 
to his Majesty's Mercy. I have since received assurance of their 
readiness to surrender themselves to my appointment whereupon I 
have recjuired the attendance of the Judges of this Province on the 



314 COLONIAL REC0RD8. 



20"' of next month to advise with me in relation to these people and 
to take such measures with them as may be required in form of law 
and consistant at the same time with the Gracious Intentions of his 
Majesty by his Royal allowance to the Legislature to pass an Act of 
Pardon and Oblivion. 

It is a strange thing to tell your Lordship that until within this 
week I have never been able to learn the real predicament of these 
people in the eye of tlie Law and the truth' I now find to be that 
they are outlawed on default of appearance to indictments, found 
against them for the Riot in this Town and that no process hath 
been had against them for their subsequent rebellion and treason 
your Lordship raay remember that these commotions were ante- 
cedent to my arrival in this Province so that I had everything to 
learn about them and by the strange and contradictory represen- 
tation of the proceedings at Law in relation to the Insurgents one 
would be led to believe that the Confusion of those times had sus- 
pended the capacity of recollection in the Minds of the people in 
general. The most important doubts that occur to me upon the sur- 
render of these men are whether their criminality should be estab- 
lished by Tryal before the Legislature takes theircase into consider- 
ation? and whether his Majesty's allowance to pass an Act of 
Pardon and Oblivion does preclude or supercede the necessitj' of 
furtlier judicial process against them for their crimes of highest 
dignity and leaves their criminality to be considered and weiglied 
only by the Legislature. I am of opinion myself I confess that 
if there is no necessity it may be yet highly expedient that 
these daring criminals should be tried to be made acquainted 
with and sensible of tlie atrociousness of their Offences and the 
power of the Laws but so much of Law enters into these cjuestions 
that I shall be determined by the Judges opinions. 

The Crew of the vessel belonging to this Province tliat was 
detained at La Vera Cruz is lately returned here and I am now 
my Lord preparing to send information thereof to Vice Admiral 
Rodney together with the proper certificates of the value of the 
vessel and her cargo tliat he may be enabled to claim full and 
just restitution. 

I have the honor to be &c 

JO: MARTIX. 



COLONIAL RECORDS. 315 



[B. P. R. O. Am. & \V. IxD.: No. Carolina. Vol. 219.] 

Lettei' from Governor jMartin to Secretary Hillsborough. 

North Cakolixa, HiLL.SBORurGH, 

July 11'" 1772. 
My Lord, 

Having had the honor to inform your Lord.ship bj' former letters 
that the Laws by which the several Courts of Justice are established 
in this Colony will expire at the next Session of the General As.sem- 
bly when there will be a necessity to re-enact them and seeing that 
those fundamental constitutions admit of essential improvement I 
have the honor to propose to your Lordship for his Majesty's con- 
sideration that to obviate the great mischiefs arising from the i>resent 
constitution of the Inferior Courts of Pleas and Quarter Sessions bj' 
which all the Justices of the Peace in each Countj' are made Judges 
of those Courts while it is too notorious that ver}^ few of the jsresent 
Inhabitants are qualified for such important trust His ilajesty may 
be pleased by his Royal Instruction (which is ground upon which I 
shall always firmly stand) to enjoin that in any Law that shall be 
passed for the constitution of County Courts, it be enacted that the 
Governor or Commander in Chief for the time being with the advice 
of his Majesty's Council shall select from time to time seven Magis- 
trates out of each division [as a] Commission of the Peace in whom shall 
reside all the power of holding Courts of Pleas and Quarter Sessions 
in their respective Counties that three thereof may be a Quorum for 
Pleas and common business but not less than five shall assess the 
County settle the public Accounts with the Sheriffs or appoint 
Inspectors that these Courts may be allowed as heretofore to recom- 
mend to the Governor three persons for the Office of Sheriff and 
that he upon the refusal of one of them shall be left at large to 
appoint any sufficient Freeholder of the County and not be confined 
to the appointment of one of the other persons named by the Court 
who arc now frequenth' chosen on assurance that thej' will decline 
the office; bj' which means the Governor is comjjelled to apj^oint 
the third person to whom the Court is desirous of shewing favour 
which is more generally obtained by address and intrigue than by 
merit and abilitj'. Such a Constitution of the County Courts My Lord 
would I am perswaded increase their dignity and utility and I am 



316 COLONIAL RECORDS. 



convinced it would call forth to the public service the ablest and 
best men who now decline the Magistratical Office in conjunction 
with the ignorant and vulgar jjeople who in the present circumstances 
of things must be a majority in every County's commission of the 
peace from whom they are not segregated or distinguished in their 
judicial capacities and for whose malversation of which though not 
partakers they become equally obnoxious to reproach this arrange- 
ment in my humble opinion would render these Institutions of real 
■ advantages and it would throw weight into the scale of Government 
and increase its power to do puljlic good I submit to your Lordship 
whether it may not be advisable to give facility to this plan to 
authorize the Governor to enlarge the Jurisdiction of the County 
Courts to the Trial of causes of £20 sterling amount that is now 
limited to the determination of matters not exceeding £10 sterling 
the judicial power consigned to such hands as might under these 
circumstances be selected, I do think it may be safely extended so 
far appeals always lying from these inferior to the superior Courts if 
the County Courts shall be thus moddeled the ignorant Majority of 
the Magistrates will become mere Conservators of the Peace when 
his Majesty's disallowance of the Act passed here in December 1770 
shall be declared which I cannot help anticipating as it seems to 
invest Justices of the Peace with a power dangerous to the jDroperty 
of his Majesty's subjects in the present state of this Countrj^, it is 
intituled "An act for the more speedy recovery of all debts and 
demands under five pounds proclamation money within this Prov- 
ince" which affords ground for perpetual solicitation to multiply 
'an order of Magistrates that ought for the public good at this time 
to be much diminished. 

This alteration in the Constitution of the County Courts and the 
measure I have before had the honor to propose to j'our Lordship 
for the • Royal consideration of giving the Governor the power of 
appointing the Clerks thereof as well as those of the Superior Courts 
■will I conceive much augment the dignity and utility of them. It is 
upon principles of duty to his Majesty that necessarily involves a 
strict attention to the public good that I presume to offer these 
crude Ideas to your Lordships consideration confiding in your 
Lordship's indulgence to my inexperience in civil Polity and to 
your construction of my intentions according to that liberality of 
sentiment that so eminently distinguishes j^our Lordship's character 
and I must express my hopes that your Lordship will be 2:)leased to 



COLONIAL RECORDS. 317 



signify to me his Majesty's commands in relation to tlie subject of 
this letter hefore the meeting of the General Assembly aiijuiinted 
on the 10"" of December next. 

It will afford me the truest satisfaction to find that I may have 
suggested anything upon this important matter that shall bo 
approved by j'our Lordship and found deserving the Royal Atten- 
tion and it will ever make me happy to furnish your Lordship with 
occasions to advance the prosperity and happiness of his Majesty's 
subjects which I know to be the grand objects of my Royal Master's 
care and of your Lordships indefatigable labours. 

I have the honor to be &c 

•JO. N!ARTIN. 



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

Le'ter from M' Tomlinson to the Secretary. 

Nkwbekx, .luly, 1772. 
Uevkrknd Sik, 

I hope my last letter accompanied by those of the Reverend M' 
Reed, have reached you before this time. I have now to acquaint 
you that I quitted the School on the IS"" of April and surrendered 
my Licence to his Excellency. 

A\"hat a hardship that this affair in which both my interest and 
cliaractor have been so deeply concerned, should be .smothered up 
without a fair and public hearing! 

The suit which 1 brought against the incorjiorated Society, so 
called, as mentioned' in former Letters would have been brought to 
trial last May Suferior Court, but the Treasurer a few days before 
the Sitting of Said Court, paid me down th^e money (though without 
any previous public Meeting of the Society) ordered the suit to be 
dismissed and paid the Costs thereof amounting to about£4 IGs. Od. 

\\'hether liiis su m is to be paid out of the fund, or out of the 
Tii'usurer's own pocket, or of any other individual, is what I cannot 
pretend tn say. Perhaps this may be Kept a Secret as they are not 
lialili' to he called U> account for any of their proceedings. 

1 have taken the liberty of drawing on the Society for my Salary 
iVir the (Quarter which I attended the School in the present year. 
But to prevent any dispute about paying it, as being only a single 
quarter, I have directed the Possessor of the Bill to wait upon you 



318 COLONIAL RECORDS. 



for your opinion in the matter, before it be j^resented to the Treas- 
urer. With my sincerest thanks for all favors, I am Reverend Sir, 

Yours &° 
THO^ TOxMLINSON. 
September 1^', 1772. 

P. S. I was disappointed in sending this Letter when I intended. 
I am now at Rhode Island where I have been for some weeks past, 
for the benefit of my health after a close confinement for so many 
years. - 



[From Court Records of Rowan Codnty.] 

North C.^i;olina| f Court of Pleas and Quarter 

Rowan County, j [ Sessions August Term 1772 

Ordered by the Court that upon the vacancy of the Clarkship of 
this County that Mr William Frohock be and is hereby appointed 
Clark of tliis Court in the room and stead of John Frohock Esq 
late Clark and lately deceased and that he the s'^ William Frohock be 
recommended by this Court to the Clark of the Crown of this 
ProV|ince as personally qualificd to .serve in tliat position. 

Ordered by the Court that Mr William Froiiock qualify in open 
Court tomorrow morning and enter into Bond with security accord- 
ing to law and that the Records & papers relative to this Court be 
delivered unto the said William Frohock to ju-oceed thereon. 

This done came into open Court William Frohock agreeable to 
an order of this term and offered Thomas Frohock .John Dunn and 
Alexander Martin Esqr as security for the due performance of the 
trust reposed in him bj' this Court as Clark of the Inferiour Court 
of Pleas and Quarter Sessions of the County af"* who was accoi'd- 
ingly approved of and entered into Bond according to Law, took 
the oaths of office subscribed the test and took his ^eat 

On the relinquishment of Mr William Frohock appointed by this 
Court Adlai Osbourn came into Court & produced a commissioii 
from the Hon SamlStrudwick Esq therebj' constituting and appoint- 
ing the said Adlai Osbourn Esq Clark of tlie Inferior Court of 



COLONIAL RECORDS. 819 



Pleas & Quarter Sessions for the County of Rowan dated the SO"" 
July, 1772, likewise a Commission from the Hon Sanil Strudwick Esq 
constituting and appointing the aforesaid Adlai Osbourn|Esq Clark 
of the Crown for the County of Rowan dated the 30'" July 1772 
and was duly admitted and qualified according to Law and 
entered for security Alexander Martin and John Dunn_Esquires in 
the sum of £1000 proc agreeable to Law. 



[B. P. R. O. Am. & W. Indies; No. Caroli.xa. No. SCO. J 

Account of the Capture and loss of Colonel Simpson's vessel at 

Vera Cruz. 
North Carolina 



Edenton '^ 

By this Public Instrument of Protest and Writing, bearing date 
hereafter mentioned, Be it known and Manifest to all whom it 
may concern, that on the first day of May in the year of Our 
Lord One Thousand seven hundred and sevent}^ two. 
Before me Thomas Jones Notary and Tabellion Public, residing 
at Edenton in the Province aforesaid, by lawfull authority duely 
admitted and sworn according to Law, personally appeared Ebinezer 
Fuller late master of the Schooner Jolm and Elizabeth and made 
oath on the Holy Evangelists &f Almighty God, before me as Notary 
aforesaid, that on the twenty ninth day of October in the year of our 
Lord One Thousand Seven hundred and sixty nine, he, this depo- 
nent sailed with the said Schooner John & Elizabeth from Port Royal 
in the Island of Jamaica, bonnd on a voyage to the Province of 
North Carolina, and that at the time of the said Schooner her sail- 
ing, she was stiff, staunch, and well apparrelled and manned for the 
A'oyage aforesaid. That on the fifth day of November in the year 
of our Lord last aforesaid, this Deponent past Cape S' Antonj^'s on 
the Island of Cuba with the wind at East. That on the eighth day 
of the same month came up with the Bay of Honda, where he this 
Deponent in the said Schooner, met with a hard Gale of Wind, at 
N. N. E. with a leeward current .which set the said Schooner John 
& Elizabeth back to S' Antony's, and which this Deponent made the 
sixteenth day of the said month, that the Gale abating he made a 
sQCond attempt, but on the twentieth day of the said month, was 



320 COLONIAL RECORDS. 



taken in another Gale N. N. E. which split the sails and parted the 
tyes of the said schooner fore and aft. That on the Twenty fifth 
day of the said month, the Ciale still continuing, carried away the 
Jibb Stay and Main Clew, that the Vessel being very leaky and her 
sails blown to pieces it was impossible to get anything to windward. 
That on the thirtieth day of the said month this Deponent imagined 
himself two degrees West of Cape Florida being in Lat. 25° 44°" N. 
That the provisions being then exhausted to fifteen biscuits a man and 
a very little meat this deponent found in such situation, it was impos- 
sible to proceed on his voyage. It \viis therefore with the advice 
and consent of the Ship's Company, for the preservation of their 
lives, thought most advisable to bear away for the Mississippi, but that 
by a mistake in the Draught, the mouth of the river being there 
laid down nineteen miles south and three hundred and ten miles 
west from where it really lyes, occasioned this deponent to over run 
the Port, that it being then the eighth day of December, in the year of 
our Lord aforesaid, and finding the said Schooner to the Westward 
this deponent endeavoured for the Mississij^pi until the sixteenth day 
of the said month, but the Provisions being quite expended, and the 
vessel in excessive bad order, this deponent was obliged to bear away 
for Vera Cruiz, where he arrived with the said Schooner on the , 
Twenty fifth day of December in the year of Our Lord aforesaid, that 
this deponent and his Crew had for many days before this been 
reduced to nothing for their subsistance but boiled molasses and sugar. 
That on the Twenty sixth day of the said month of December this 
Deponent and his Crew, by the Express Orders and Command of 
the Governor of Vera Cruiz were taken prisoners and confined under 
a guard of Twenty Three Spanish Soldiers, on board of the said 
Schooner John and Elizabeth without the least Cause given or Crime 
committed either by this Deponent or anj- of his Crew. That on 
the Twenty first day of January in the year of our Lord one Thou- 
sand seven hundred and seventy, the afore.said Governor attended 
by the Custom House oflicers, came on Board the said Schooner, and 
threatened this Deponent and his Crew with death, should they 
refuse to deliver up the keys of their Chests, tliat thereupon this 
Deponent and his Crew delivered up their Keys, upon which the said 
Governor and Officers rifled the said Schooner and Chests, and 
robbed the same of the Quantitj- of five hundred. Twenty nine and 
a half dollars, and thereafter gave a strict charge to keep this Depo- 
nent and his Crew under Confinement, That this Deponent and his 



COLONIAL RECORDS. 321 



Crew remained confined on Board of the said Schooner until the 
Thirtieth day of October in the year last aforesaid, when she sunk 
by the neglect of the Spaniards, That this Deponent and his Crew 
were then carried and confined on board a Spanish Vessel. That 
on the seventh day of January in the year of Our Lord one Thou- 
sand seven hundred and seventy two, the aforesaid Governor came 
down to the said Vessel and verbally ordered this Deponent and his 
Crew to embark for the Havannah, at the same time robbed and 
carried away from this Deponent two Negroes being part of the 
Cargo of the aforesaid Schooner, that this Deponent and his Crew 
still continued under confinement until the sixth day of February, 
when they sailed for the Havannah, at which place they arrived on 
the second of March thereafter, that on the sixth day of the said 
month of March this Deponent petitioned the Governor of the 
Havannah for the Sloop Salhj which belonged to Capt. Benjamin 
Pratt Junior who, and likewise his mate, had died of the small pox, 
that the said petition was readily granted, and on the seventh day 
of the said month of March this Deponent and his Crew embarked 
on board the said Sloop Sally, That on the Twenty eighth of the said 
month they set sail with said Sloof) from the Havannah bound for 
' Pasquotank County in the Province of North Carolina, after a con- 
finement by the Spaniards of Twenty seven months and four 
days, during all which time this Deponent and his Crew were 
not only almost starved for want of Provisions, but otherwise 
most cruelly and barbarously treated and kept to hard labour, 
and this Deponent further maketh Oath that he never has received 
the smallest redress or satisfaction either for the loss of his said 
Vessel, her Cargoe or the dollars above mentioned ; and that on the 
Twenty eighth day of April in the year of our Lord la-st mentioned, 
he this Deponent arived with the' said. Sloop Sail ij in Pasquotank 
County aforesaid. And further he saith not. 

EBEN' FULLER. 

Wherefore the said Ebenizer Fuller Master as aforesaid before me 
did protest, against the winds. Seal Currents, the aforesaid Governor 
of Vera Cruiz and Custom House OflBcers for all losses Costs and 
damages whatsoever, that hath or may accrue to the Owners, 
Freighters or Incurers, or any person or persons whatsoever, con- 
cerned in the said Schooner John and Elizabeth, for the reasons 
herein before mentioned. 
VOL. IX — 21 



322 COLONIAL RECORDS. 



Whereupon I the said Thomas Jones Notary as aforesaid at the 
instance and request of the said Ebenizer Fuller, did, and do hereby 
solemnly and in due form, sign and attest this present Protest, of, 
for and concerning all and singular the premises aforesaid, in the 
particular manner herein before mentioned and expressed as if the 
same were herein again particularly mentioned and repeated. 

In Testimonio Veritatis 

THO. JONES, Not^ Publick. 

Rccor' codcm. Die. 

Be it remembered that on the first day of May in the year of our 
Lord one thousand seven hundred and seventy two, personally 
appeared before me Thomas Jones, Notary and Tabellion Public 
residing at Edenton in the Province of North Carolina dul}' admitted 
and sworn according to Law, Ebenizer Fuller late Master and 
Ichabod Simpson late Mate on Board the Schooner John and Eliza- 
beth, Who made Oath on the Holy Evangelists of Almighty God to 
the truth of the several Traits contained in the within written 
Protest. 

Signed EBENIZER FULLER, Master 

ICHABOD SBIPSON, Mate 
JOHN BRITTON, Seaman 
JOHN WILLIAMS, Seaman 
Quoel Attestor rogatus 
Tho. Joneh, Nott^ Publick. 

Pasc[uotank County 6"" May 1772. Then appeared before me Wil- 
liam M°Cormick one of His Majesties Justices for this County, John 
Britton, Mariner, who made Oath on the Holy Evangelists of 
Almghty God, to the truth of the several Traits contained in the 
within Protest. 

W" M'^CORMICK. 

Chowan County — Ss. 5"" August 1772. Then appeared before 
me Robert Smith Esq" one of His Majesties Justices for the said 
County, John Williams late mariner on board the Schooner Jo]in & 
Elizabeth who made Oath on the Holy Evangelists of Almighty 
God, to the truth of the several Facts contained in the within Protest. 

ROB' SMITH. 



COLONIAL RECORDS. 323 



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

M"' Palmer 

Having issued our Deputation to M" W" Palmer to be Collector of 
your Port in the Room of AP Robert Palmer who has resigned, you 
will herewith receive the same together with Instructions & a Blank 
Bond in the Penalty of One Thousand Pounds Sterling to be exe- 
cuted by him with two sufficient securities to be approved of by the 
Governor of your Province, and you are to admit him to the said 
office upon his entering into the said Bond & taking the oaths Tpve- 
scribed by Law before the Governor, a Certificate of which j'ou are 
to transmit to us together with the Bond duly executed. 

We are 
Your loving Friends 
W" BURCH 
HEN. HULTON 
CHAS EASTON 
Custom LP Boston 20* August 1772. 
Robert Palmer Esq' Collector of Bath Town. 



[B. P. R. O. Am. & W. Ind: Xo. Carolina, No. 319.1 

Governor Martin to the Earl of Hillsborough 

North Carolixa, Hillsborough, August 2P' 1772 
My Loi;d, 

I had the honor to receive your Lordship's Dispatch N° 7 two days 
ago together with an Order of His Majesty in Council for the disal- 
lowance of three Acts passed in this Province in January 1771, and 
a Copy of the representations of the Lords of Trade upon them and 
a fourth Act not disallowed; in Obedience to the Royal Command 
signified to me by your Lordship's letter I have declared His Maj- 
esty's disallowance of sucli Acts in the usual manner by Proc- 
lamation. 

. In Consequence of Representations made to me of the calamitous 
state of this Country from a long and excessive drought that 
hath much injured the Harvest of Wheat and other Winter 
Grain and in many parts totally destroyed the crops of Indian 
Corn and that the Northern and Southern Colonies have suf- 



524 COLONIAL RECORDS. 



fered in like manner, I have by and with the advice and consent 
of His Majesty's Council laid an Embargo upon Wheat and Rye 
and the flour thereof to continue until the 28"" day of November 
next when the Crops of Indian Corn maj^ be ascertained and the 
Propriety of continuing or taking off the Embargo determined 
upon right principles. 

By the Minutes of Council it will appear to your Lordship that I 
have taken this and other measures with the advice of only three 
Members of the Council more than which as the Members are so 
remotely situated and widely dispersed I find it impossible to con- 
vene in any reasonable time even when I am at New Bern the fixed 
seat of Government and the distance of this place renders it still 
more difficult to assemble a greater Quorum. 

I have assiduously aimed at a strict conformity to His Majesty's 
Instructions relating to Trade but I do assure your Lordship I find 
it utterly impossible to effect what is recjuired by the 9"" article of 
those Instructions ; it may be eas}^ in a Colony that has but one 
Port where the Governor resides but in this which has many 
and very distant from his Residence it is impracticable without great 
inconveniences and delaj's to the trading part of His Majesty's sub- 
jects as well as much greater punctuality and attention in the Officers 
of the Customs than my predecessors or I have been able to bring 
them to wherefore I cannot help expressing my wishes to your 
LordshijD that His Majesty may. be graciously pleased to take this 
matter into His Royal consideration and that your Lordship will be 
pleased to inform me whether since His Majesty's appointment of 
the Board of Commissioners of the Customs for America it is 
designed that the Governors should direct their correspondence on 
business of that department to them only or to the Lords Commis- 
sioners of His Majesty's Treasury the Commissioners of the Customs 
in London and to the American Board also. 

I have the honor to be etc 

JO. MARTIN. 



COLONIAL RECORDS. 325 



[Fkom MS. Records is Office of Secretary of State.] 

COUNCIL JOURNALS. 

At a Council held at Hillsljorough August 22'^ 1772. 

Present 

His Excellency the C{overnor. 

rri XT 1 1 r Alex"' McCulloch and "i ^ 

iheHonbie-> o i cu i • i ivr i- it i > Esquires 

■( Samuel Strudwick Martin Howard J '• 

His Excellency was pleased to lay before the Council a Petition 
from the Principal jMerchants and inhabitants of the Town of Tar- 
borough, requesting him to grant a. Charter for the said Town. The 
Board were of opinion that in regard to the good navigation and 
peculiarh^ happj' situation of the said Town for the purposes of 
Trade, His Excellency should grant the prayer of their Petition. 



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

Rev' M' Taylor to the Secretary. (Extract.) 

N°. Hampton County 
N°. Carolixa 
August 24'" '72 
Reverend Sir, 

I wrote you an account last fall of my being at that time in S' 
George's Parish Northampton County in order to make a Trial of it, 
as well to be acquainted with the parish as to give them a knowl- 
edge of my conduct and abilities that there might no dissatisfaction 
arise hereafter on account of our being unacquainted. I now inform 
you that having made a trial of 10 months, and approving of the 
parish, the vestiy and people unanimously agreed to recommend 
me to the Governor for Induction. I have not yet waited upon His 
Excellency having been so closel}' engaged in the Spring, as I had 
a very sick parish, and been under a necessity of riding for some 
months together upwards of 130 miles per Week, my parish as I 
informed you in my last being veiy extensive^. Thank God, people 
are in general pretty healtlw at present, but the weather is, and has 
been so extrem.ely hot, that I find it sufficient to give my own parish 



326 COLONIAL RECORDS. 



due attendance ; I expect however, an opportunity of seeing the 
Governor in October, who has gone up to Hillsborougli to spend 
the Summer, and purposes returning this way liome. 

I am extremely happj" in my Parish having the united affections 
of the People. The Vestiy have not yet purchased a Glebe as 
they have been at great expence in building 2 new Churches and 
repairing and enlarging the others since my coming here, I have 
rented a Plantation in the centre of the parish, that I may be as 
convenient as j)ossible to my churches. 

In my last I acquainted you with there Ijeing a great many Dis- 
senters in this part of the country. I don't know what they call 
themselves, some term them Anabaptists, some New Light Baptists, 
and others Baptists. I have talked with some of their preachers, 
who are surprisingly ignorant, and pretend to Illumination and 
assurances, they are so obstinately and wilfully ignorant themselves 
and teach their fellows to be so too, that they will hearken to no 
reason whatever, but are obstinatel}' bent to follow their own 
absurd Notions. They increase surjjrisinglj- in Virginia, and in 
some parts of Carolina, but I bless God they rather decrease in my 
parish. Multitudes of them having left their Teachers are constant 
attendants at my Churches. We have a few Quakers in this ParLsli 
but they are no way troublesome. 

In mj' last I acc|uainted you, that from the 19"" July to the 29"' 
September I baptized in my parish : GO White Infants, 29 Black 
Infants, and 38 Black Adults, from thence to the date hereof, I 
have baptized in my own parish: 2 white adults, a Quaker and 
one who had been brought up a New Liglit Baptist, but never 
initiated into their profession by their method of plunging, 112 
white Infants, 46 Black infants, 55 Black Adults^ who seem to be 
very desirous of instruction in their duty. I have administered 
the Sacrament twice-i'ound my parish, which is eight times in the 
year and had the first time 51 Communicants at the different 
churches, and the last time 63. I took a Journey this Summer to 
S' Mary's parish, Edgecombe County which has been some time 
vacant b}'' the resignation of M"' John Burgess. I travelled 219 
miles in the space of Days and preached 4 Sermons in that 
County, and baptized 159 white and 4 black infants the 3 first 
days, the last day being very rainy, no children were brought, the 
People in that County are in general Poor and the parish so 
extensive that they have little probability of a Minister's settling 



COLONIAL RECORDS. 



amongst them, there are many parishes in that [)art of tlie Country 
in the same unhappy situation. 

In my last I acquainted you that there was great want of Parish 
Books here for the 4 churches and I presumed so far upon the 
Society's good nature as to request the favor of them for the jiarish, 
as I imagine they would be made as good use of here as in any 
parish that has been favored with such a present. For my own 
part a few Books would be of great utility as you know my circum- 
stances in England would not admit of my procuring manj-. I 
humblj' beg my duty and service to the honorable and laudable 
society and I shall always use my weak endeavours to promote the 
laudable design in this part of the Country, and that God may 
prosper their handy work in all parts of the "World shall ever be 
the prayers of their most obedient liumble Servant, and 

Yours ifcc 
C. E. TAYLOR , 



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

COUNCIL JOURNALS. 

At a Council held at Hillsborough Aug 2-j* 1772 
Present. 

His Excellency the C4overnor ifc Council as above [22°'' August]. 

His Excellency communicated to this Board certain informations 
which he had received from several intelligent persons w^ho had 
lately traveled thro' the western parts of this Province of the bad 
state of the Corn in general from the long drought that hath pre- 
vailed, and the great appearance there was of the total failures of 
the crops in many places, and considering the advices he had received 
of the like calamity- in the Province of New York, and the great 
scarcity of grain in South Carolina, with the high price wheat already 
bears in other Colonies particularly in Philatlelphia the great gran- 
ary of North America and that this may prove a strong temptation 
to merchants and others for the sake of present advantages to export 
wheat and flour, upon which alone multitudes here must depend for 
their sujjport should the crop of corn fail wholly or even in part. 
He was pleased to submit to their consideration the expediency of 
laving an immediate embargo until it should be ascertained whether 



328 COLONIAL EECORDS. 



Providence will avert the evil with which this Province is threatened. 
The Council were unanimously of opinion that the embargo was a 
measure of the most urgent necessity and the only probable means 
of preserving this Country from the miseries of impending famine. 

North Carolina — Ss. 

By His Excellency .Josiah Martin Esq, &c., &c. 
A Proclamation 

Whereas it hath been represented to me that the severe drought 
which hath prevailed in this Province for many months past hath 
greatly damaged and in many places totally destroyed the crops of 
Indian Corn now growing and if the exportation of Wheat, Rye and 
flour to the neighboring provinces which (according to my informa- 
tion) have suffered the same dreadful calamity is not speedily pre- 
vented the most alarming consequences may be felt by the inhabi- 
' tants of this Province. I have therefore thought fit by and with the 
advice and consent of His Majesty's Council to issue this Proclamation 
hereby stricth^ enjoining and prohibiting the exportation of wheat 
rye or flour thereof from any port or place within this province to 
any of the neighboring provinces or parts beyond the seas for the 
space of three months next ensuing the date hereof of which His 
Majesty's officers of the Customs and all other persons are to take 
notice and govern themselves accordingl^^ 

Given under my hand itc at Hillsborough. 

JO. MARTIN. 



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

Letter from Richard Henderson to Richard Bennehan. 

Granville, Aug' 29'" 1772. 
D'SiR, 

Have not been able to see that little scoundrel, Will Potter j'ct, 
nor do I know where he- is. The small pox, I understand is in a good 
way being mostly confined to those negros over the River & not yet 
broke out among the rest. Col. Williams & myself will meet you 
on Tuesday Even^ near the Nap of Reeds. 

I am with the greatest Friendship C Dick, 

Your most Obd' Serv' 

RICIP HENDERSON. 



COLONIAL RECORDS. 329 



[B. P. R. O. Am. & W. IsD.: No Carolina. Xo. 319.] 

Letter from Governor Martin to Sec''^ Hillsborougli. 

North Caeot.in.v HiLLsr.oROUGH, 
August SO'" 1772. 
My Lord, 

Since I had the honor of writing to your Lordship of my Inten- 
tion to visit that part of this Province lying to the Westward of this 
Place I have made a Tour through the most broken difficult and 
rough Country I have ever seen as far as Salisbury in my circuit 
taking in the Moravian Settlements where I was irresistibly detained 
beyond my"intention in admiration of the virtuous industry and 
perfect economy of that people who are notable examples to the 
supine and licentious inhabitants of tliis Colony who live in their 
neighbourhood and must I think sooner or later feel their Influence 
bencficialh'. 

On my route My Lord I passed through the County of Guilford 
the residence of the principal Insurgents who had lately made their 
submissions to nie. I received from them here the most pressing 
solicitations to be permitted to present themselves before me and 
after some debate with myself about the decency of compliance and 
considering that a refusal might to their ignorant minds imply appre- 
hensions of personal violence or predetermined rigour I consented 
that they should meet me at an appointed place; they came accord- 
ingly before me bearing in their countenances every mark of truest 
contrition and penitence and after the most solemn protestation of 
their innocence and abhorence of the design to subvert the Govern- 
ment of which they had been misled to crimes and violences they 
had never intended and for which they felt the severest remorse 
they declared their resolution to submit to the Royal Pleasure and 
imjilored my pity and good offices, I set before them in the strongest 
light I was able tlieir criminality^ aggravated by their long forbear- 
ance to submit themselves to Justice I reprehended Hunter who was 
among them more particularly for his indecent defiance of a Court 
of Justice by appearing in the face of it while he stood in so criminal 
a state with any other design than to render himself to which he 
submissively replied that if he had offended by so doing it was 
inocently and ignorantly and that he heartily asked pardon for it. 
After exlu)rting thom to deserve his Majesty's Mercy to which they 



330 COLONIAL RECORDS. 



had now subniitted themselves by future right good conduct and 
informing them that I should soon apprize them of the measures to 
be taken in consequence of their surrender I dismissed them and I 
must own to your Lordship with sentiments of pity and compassion 
I never should have felt if I had not seen them and made myself 
acquainted with their barbarous ignorance that really surpasses all 
description. 

My progress through this Country My Lord hath opened my eyes 
exceedingly with respect to the commotions and discontents that 
have lately prevailed in it. I now see most clearly that they have 
been provoked by insolence and cruel advantages taken of the peo- 
ples ignorance by mercenary tricking Attoruies, Clerks and other 
little Officers who have practiced upon them every sort of rapine and 
extortion b}' which having brought upon themselves their just 
resentment they engaged Government in their defence by artful mis- 
representations that the vengeance the wretched people in folly and 
madness aimed at their heads was directed against the constitution 
and by this stratagem they threw an odium ujoon the injured people 
that by degrees begat a jsrejudice which precluded a full discovery 
of their giievances thus My Lord as far as I am able to descern the 
resentment of Government was craftily worked up against the 
oppressed and the protection which the oppressors treacherously 
acrjuired where the injured and ignorant people expected to find it 
drove them to acts of desperation and confederated them in violences 
which as your Lordship knows induced bloodshed and I verily 
believe necessarily. Enquiries of this sort My Lord I am sensible are 
invidious nor would anything but a sence of duty have drawn 
from me these opinions of the principles of the past troubles of this 
Country. 

Since I became acc[uainted w'ith the Barbarism and profound igno- 
rance of the wretched people of this Country I j^erceive all the resent- 
ment subsided which the representations of the people in general 
(stiling themselves the friends of Government) in spite of all my 
endeavours to hold mj self impartial had wrought into my mind and 
my indignation is not oul}: disarmed but converted to pity; neverthe- 
less My Lord as I had been led by misrepresentations in the whole 
course of my correspondence with your Lordship to hold up the 
delinquents here to his Majesty as people against whom the proceed- 
ings at Law had been corapleat and final and in a state depending 
solely on the Royal Pleasure I thought it my indispensable duty as 



COLONIAL RECORDS. 331 



soon as I discovered my error and after receiving his Majesty's com- 
mands to propose to tiie Legislature an Act of Pardon and Oblivion 
which I might presume were given in that opinion to advise whether 
they could not be brought into that predicament wherein I had 
represented them I therefore summoned the Judges to attend here 
puisuant to my intention communicated to your Lordship by a 
former letter and on their arrival I proposed to their consideration 
the questions which together with their answers and the Attorney 
General's opinion I now have the honor to transmit to your Lord- 
ship. Another principle jNIy Lord that engaged me in this enquiry 
was an opinion that if exceptions should be made in the act of grace 
to be proposed they would be impotent unless the criminals were in 
a state wherein the Royal Pleasure might operate effectually and 
conclusively against them. And further that it behoved me to guard 
against future omissions and irregularities in the proceedings at Law 
which might tend to restrain its Influence as well as more fully and 
clearly to understand the past erroneous transactions which had 
placed the offenders in a light so different to that in which they 
have been heretofore universallj' considered and represented by me. 
From the several opinions I have now the honor to la}' before 
your Lordship you will see that the Judges who have consented 
hitherto to the common error and deemed the prosecuted offenders 
here Outlaws think them no longer so and are doubtful as well 
about the possibility as the expediency of ascertaining or pun- 
ishing their past crimes Wherefore My Lord it hath been deter- 
mined with the advice of his Majesty's Council and the Judges that I 
shall signify to the people who have desired to surrender them- 
selves that they will on their appearance be bound in recognizances 
to appear at the Superior Court from term to term to answer such 
matters as shall be brought against them at the suit of the Crown 
until his Majesty's Pleasure concerning them shall be finally declared 
the on,ly measure it seems by which they can be kept in hold and 
which may at the same time I think have the effect of protecting 
their Neighbourhood from the injuries which have been committed 
in it since their return to their habitations and are by some sup- 
posed (although perhaps unjustly) to have been done by them. I do 
not apprehend that the Assembly will make other exceptions in the 
act of Grace than were made in the late Assembly's address to me 
and I confess my Lord I am of opinion none other will be necessary 
The measure whieli his Majesty hath been pleased to authorize me 



332 COLONIAL RECORDS. 



to propose will I am persuaded have tlie best tendency to harmonize 
the discord that has prevailed in this Country but cordial union 
can never take place until the victors forget to exult on the last 
years triumph at Alamance. 

It is with concern My Lord that I find myself on this occasion 
obliged by my duty to His Majesty to bring before your Lordship a 
subject on which the Chief Justice and myself hold different 
opinions and on which I wish j^our Lordship's decision to obviate 
inconveniences and detriment that may hereafter arise to the King's 
service by division among His Majesty's servants or for want of their 
. united endeavoures or zealous cooperation. 

Havin'g summoned M' Chief Justice Howard to attend here with 
the other Judges to advise with me concerning the legality extent 
and effect of the past proceedings against the Insurgents and the 
further measures that it might be lawful and expedient to take with 
them I received from him an irresolute and indefinite answer where- 
upon I thought it my duty to enjoin his attendance iudispensibly at 
the time I had appointed for the other Judges and the Attorney Gen- 
eral in consequence of which he complied after politely remonstra- 
ting " that in his Character of Chief Justice and in the Office and 
character of a Judge he did not hold himself subject to the direction 
of any person whatsoever the law alone being his rule, that his 
office is judicial not ministerial and that he cannot regularly be 
called upon to advise or give an opinion extrajudicially upon any 
business. " I humbly apprehend My Lord that M'' Howard is per- 
fectly right with respect to the independance of his office if he 
would confine it to proceedings in his Court with which I am sensi- 
ble no authority can rightfully interfere but he since explains him- 
self more fully " that he is not bound to give an opinion upon any 
matter of Law off the Judgment Seat" which I confess appears to 
me an Independance not warranted as M' Howard asserts it is by 
the British Laws and constitution as it would seem to deprive His 
Majesty or any of His Delegates of the aid of the greatest Sages 'of 
the Law in Matters of all others the most important and nice never- 
theless I can well conceive there may be points before a Judge in his 
Court unfit for him to decide upon extrajudicially; in the present case 
My Lord I apprehend M' Howard feels his official dignity here at least 
as much as its independance invaded by my preemptorv injunction 
of his attendance at this place which happens however to be in the 
exact line of his duty the question therefore between us My Lord 



COLONIAL RECORDS. 333 



•I am desirous to submit to your Lordship's consideration I resolve 
into this viz' whether I may call upon the Chief Justice for advice 
or opinion in any matter of difficulty in law in virtue of the power 
I derive from His Majesty or not? I think it My Lord of no little 
consequence that this point should be clearly understood not only 
as I am equally unwilling to usurp an undue power as to make con- 
cession of a right . of office improperl}' and more especially of so 
gi'eat moment as this appears to be, but that I may know precisely 
what helps I may expect in the discharge of my duty to the King. 
The Chief Justice confines me in matters of law to the Counsel of 
the Attorney General of which by various accidents I may be often 
deprived but I shall implicitly submit to your Lordship's arbitra- 
ment to which I have apprized M' Howard I should refer tins matter 
that I would not suffer to become matter of dispute between us. 
I have the honor to be &c 

JO. MARTIN. 



Copy of the Chief Justice's Opinion. 
To His Excelle.scy The Governor, 

I have considered the several questions proposed to me by your 
Excellency and submit the following answers. 

To the first. 

I know of no Insurgents in a state of Outlawry in the law sense 
of that word as far as I can recollect indictments were found against 
several persons at New Bern in March 1771, for Felonies and Tres- 
passes committed at Hillsborough and proclamations were issued by 
the Court to compel their appearance upon pain "of being adjudged 
guilty of the offences charged in the Indictments and also of being 
killed by any person whatever with Impunity but whether those 
proclamations were ever published or set up according to the direc- 
tions of the Riot Act so as to effect the attainder intended by it, is a 
material point and cannot be ascertained but by a Tryal in the Courts 
of Law. 

To the second. 

This question is also upon a point that will most probably come 
before the Court whenever any one of the persons who have taken 
Arms against liis Majesty's Government shall be tried for such 
offences I therefore conceive it to be improper for me to give my 
opinion upon this question till it shall come in judgment before me 



334 COLONIAL RECORDS. 



To the third. 

It is not easy for me to say in what hght the Legislature will view 
the Insurgents or whether their criminality will appear to them 
with greater dignity after a conviction than it would before but I 
give it as my opinion that if the peace and quiet of the Country is 
the object in view it would be wiser to pass a General Amnesty 
without making any further stir concerning the criminality of the 
Insurgents. 

To the fourth. 

I have no means to know what state any accused individual is in 
till a verdict of Jury has acquitted him or found him guilty if any 
of the Insurgents should be excepted in the proposed act of Grace 
they will be in the same state then that they are now that is subject 
to be taken up and tried by the Laws of their Country for any 
offences they may have committed. 

M. HOWARD, C. J. 

Hillsbor" 24 Aug=' 1772. 



Coi>y of Judge Henderson's Opinion. 

To HIS Majesty's Chikf Justice and to the Associate Justices 

OF THE Province of North Carolina. 
Gentlemen, 

Having received overtures from certain of the outlawed In.surgents 
to surrender themselves to justice I recommend to your considera- 
tion the following questions on wliich you will be pleased severally 
to give me your opinions in writing. 

1". Whether upon their surrender the outlawry may be perfected 
that I am informed is now incompleat so as to bring the Offenders 
under the Royal Pleasure ? 

Answer. As the Act of Assembly referred to in your Excellency's 
second question is totally expired it is my opinion that no further 
prosecution in virtue of that Act can legally be supported against 
any offenders whatever therefore if anything is wanting to perfect 
any proceedings commenced by authority of said Act it is now too 
late to effect such completion and consequently those proceedings 
must remain imperfect. 

2''. Whether these Insurgents are subject to indictment and Trial 
under the lately expired Riot Act of this Province of the year 1771^ 
gr otherwise for the subsequent and most capital crime of taking 



COLONIAL RECORDS. 335 



Arms against his Majesty's Government of which I have recently 
discovered that no legal cognizance hath been taken heretofore 
believing the outlawry conse([uential of that Treason and the pro- 
ceedings at Law compleat and final and that the Criminals were 
depending solely on liis Majesty's Pleasure, the general received 
opinion on which was formed my assurance that it was out of my 
power to grant the pardon to them that the late Assembly proposed 
to me. 

Answer. For the reason given in my answer to your Excellency's 
first question it is my opinion these Insurgents are not subject to 
indictments under the lately expired Riot Act of this Province of the 
year 1771, but if guilty of any offence against the laws now in force 
they may be prosecuted in any Court having cognizance of such 
offence due respect being had to the district or County where such 
offence was committed. 

3''. Whether (if liable to arraignment for such act of high Treason) 
their criminality will appear with proper dignity before the Legisla- 
ture until it be full}^ and judicially established when in consequence 
of his Majesty's Royal commands it shall be offered to the considera- 
tion of the General Assembly at the next Session to pass an Act of 
Pardon and Oblivion with such exceptions as may be judged pi'oper? 

Answer. "Whether their criminality will appear with jiroper dig- 
nity before the Legislature until fully and judicially established is 
what I am at a loss to determine but give it as my humble opinion 
that the Legislature may with great [propriet}'] (first having obtained* 
the Roj'al permission) pass an Act of Pardon and Oblivion extending 
to all or any number of those Insurgents without any further or 
other prosecution against them. 

Lastly. In what state will these criminals be if any of them be 
excepted in the Act oi' Grace the proceedings at Law against them 
being incompleat and thej' consequently no' depending upon the 
Royal Pleasure as his Majesty hath been informed and as hath been 
generally and erroneously believed ? 

Answer. This question is fully answered by my answer to your 
Excellency's first question, but with the utniost deference think tlie 
Legislature may insert a clause in their Act of Grace against such 
excepted persons thereby in my humble opinion answer every desire- 
able purpose with respect to them. 

RICH" HENDERSON. 

Hillsborough 24"' August 1772. 



336 COLONIAL RECORDS. 



Copy of Judge Moore's Opinion. 

To HIS Majesty's Chief Justice and to the Associate Justices 
OF the Peovince of North' Carolina: 

Gentlemen, 

Having received overtures from certain of the outlawed Insur- 
gents to surrender themselves to justice I recommend to your con- 
sideration the following questions on which j-ou will be pleased 
severally to give me j'our opinions in writing. 

1". Whether upon their surrender the Outlawry may be perfected 
that I am informed is incompleat, so as to bring the Offenders under 
the Royal Pleasure? 

Answer: These People are not regularly Outlaws, such of them as 
were indicted for inferior offences and did not surrender themselves 
within the time limited by the Riot Act are to be held guilty of the 
offence with which they were respective!}'' charged, but no judgment 
can pass against them without Trial and Conviction. That act pre- 
scribes a certain mode of notification to accuse offenders: if that has 
not been strictly pursued the Penalties of the Act cannot have been 
incurred. This is a fact which can only be enquired of and deter- 
mined by a Jury. The Outlawries (as they are called) taken at the 
Court of Oyer and Terminer at New Bern in the year 1771 can only 
have reliction to inferior offences; all proceedings against those who 
were capitallj'' charged are ab i)iitlo void. 

2''. Whether these Insurgents are subject to Indictment and Trial 
under the lately expired Riot Act of this Province of the year 1771, 
or otherwise for the subsequent and most capital Crime of taking 
arms against His Majesty's Government of which I have recently 
discovered that no legal cognizance hath been taken heretofore 
believing the Outlawry consequential of that treason and the pro- 
ceedings at Law compleat and final and that the Criminals were 
depending solely on His Majesty's Pleasure the general received 
opinion on which was formed my assurance that it was out of my 
power to grant the pardon to them that the late Assembly proposed 
to me? 

Answer. I think at present they are not liable to be indicted ; the 
eleventh section of the Riot Act is the only one under which Treason 
is in any wise imputable to the Insurgents and that section does not 
declare any persons unlawfully assembled &c., (Traitors) it only 



COLONIAL RECORDS. 337 



says they shall be considered as Traitors and treated accordingly it 
is evident that this Law does not make the particular act of unlaw- 
fully assembling &c., Treason, it only compares the act to this crime 
and exposes the persons who have been guilty of them to the like 
pains and penalties that Traitors are exposed to which cannot 
endure longer than the Law itself 

S"*. Whether (if liable for arraignment for such Act of high 
Treason ) their criminalitj' will appear with proper dignity before 
the Legislature until it be fully and judicially established when in 
consequence of His Majesty's Royal commands it shall be offered to 
the consideration of the General Assembly at the next session to pass 
an Act of Pardon and Oblivion with such exceptions as may be 
judged proper? 

Lastly. In what state will these criminals be if any of them be 
excepted in the act of Grace the proceedings at Law against them 
being incompleat and they consequently not depending on the Roj'al 
Pleasure as His Majesty hath been informed and as hatli been gen- 
erally and erroneously believed ? 

Answer. My Answer to the second question renders an answer to 
the third and last unnecessary. 

M. MOORE. 

August ■24"' 1772. 



Copy of AP Attornej' Generars Opinion. 

To Thomas McGwire Esq" His Majesty's Attorxey Gexeeal of 

THE Provixce of Noeth Carolixa. 
Sir, 

Having received overtures from certain of the Outlawed Insur- 
gents to surrender themselves to Justice I recommend to your con- 
sideration the following ciuestions on which you Avill be pleased to 
give me your opinion in writing. 

l'\ Whether upon their surrender the Outlawry mav be per- 
fected that I am informed is now incompleat so as to bring the 
OfFiriiders under the Royal Pleasure. . 

I think it cannot, the proceedings against the Insurgents in Xew 
Bern district for felonies being invalid and though they might have 
been subject to the consequences of not surrendering within sixt}- 
days after proclamations issued ; even where they were indicted for 
offences not capital for I think such a construction the 9"" section of 
VOL. IX — 22 



338 COLONIAL RECORDS. 



the Riot Act warrants yet the proclamations not having issued as I 
ever understood agreeable to the directions of that Law I think 
their situation does not bring them within the perview of that 
clause if so they can be proceeded against only in those cases where 
they have been indicted for Trespasses and other misdemeanorous 
offences not of sufficient dignity to bring the Offenders under the 
Royal Pleasui'e. 

1^. Whether these Insurgents are subje'ct to indictment and trial 
under the lately expired Riot Act of this Province of the year 1771, 
or otherwise for the subsequent and most capital crime of taking 
arms against his Majesty's Government of which I have recently 
discovered that no legal cognizance hath been taken heretofore 
believing the Outlawry consequential of that treason and the pro- 
ceedings at Law compleat and final and that the Criminals were 
depending solely on his iMajesty's Pleasure the general received 
ojjinion on which was foriued my assurance that it was out of my 
power to grant the pardon to them that the late Assembly proposed 
to me. 

I think the Insurgents may still be tried under the late Riot Act 
but if the Court should be of a different opinion they may be 
indicted for whatever offence their taking up arms amounts to 
but from an attentive review of the circumstances of their conduct 
upon that occasion I am afraid their offence would not amount to 
Treason at common Law or fall within the perview of the statute of 
constructive Treason passed in the 23''' of Edward 3'''' (though that 
act should be admitted to be in force here and of which there is 
some doubt) in which case their crimes though heinous are yet 
independent of the Riot Act not capital. 

3* Whether if liable to arraignment for such act of high Treason 
their criminality will appear with proper dignity before the Legisla- 
ture until it be fulh' and judiciously established when in conse- 
c[uence of his Majestj^'s Royal commands it shall be offered to the 
consideration of the General Assembly at the next Session to pass 
an Act of Pardon and Oblivion with such exceptions as may be 
judged proper. 

A Conviction would best ascertain the qualit}^ of their Offence 
and might be perhaps proper if it could be certainly obtained and 
of which there would be no doubt if I am right in my opinion that 
they may be still tried under the Riot Act though I think the Gen- 
eral Assembly might pass a general act of Pardon and Oblivion 



COLONIAL RECORDS. 339 



with such exceptions as may be judged proper without the previous 
ceremony of a TriaL 

Lastly. In what state will these Criminals be if any of them be 
excepted in the Act o.f Grace the proceedings at Law again.st them 
being incompleat and they conSbquently not depending on the 
Royal Pleasure, as his Majesty hath been informed and as hath Ijeen 
generally and erroneously believed. 

Such Criminals as should be excepted in the Act of Grace in those 
'instances where the proceedings at Law against them are invalid are 
I think in the same state as if there had been' no prosecutions com- 
menced but where they are incompleat only the Insurgents may be 
proceeded against or not as it hereafter should be thought necessary 
in all other instances they are liable to be indicted and tried for 
such offences as their conduct in the Eye of the Law amounts to. 

Auo-ust 29"' 1772. THO : ^I°GWIRE. 



[B. P. R. O. Am. & W. IXD.: No. Carolina. No. 319.] 

Governor Martin to Secretary Hillsborough. 

North Cakolixa PIillsbokough, 

September 5'^ 1772. 
My Lord, 

I have had tlie honor to receive your Lordship's Dispatch N° 8 
together with two additional Instructions from His Majesty which I 
shall not fail to make the rules of my conduct in the cases to which 
they relate and I am to acquaint your Lordship that I have in obe- 
dience to the Royal commands signified in the usual manner His 
Majesty's disallowance of the Act of 1771, for encouraging and sup- 
porting the establishment of a Post Office in this Province as 
declared by the King's order in Council which your Lordship hath 
transmitted to me. 

I derive the highest satisfaction from your Lordship's signification 
of His Majesty's approbation of my conduct on the dissolution of 
the Assembly. The measures taken by the Speaker and the Treas- 
urer's which immediately and iudispensibly engaged me to that'step 
I do conceive My Lord to have been the pure result and implicit 
obsequiousness to the sense of the House of Assembly and that they 
were by no means active abettors of its unwarrantable proceedmgs 
the rare good cliaracter of the former defends him particularly from 



540 COLONIAL RECORDS. 



any suspicion of wilful guilt in that and every other transaction. 
The Treasurers your Lordship will find are the creatures of that 
branch of the Legislature in this Colony and therefore not remov- 
able by His Majesty's Governor if their conduct should at any time 
caU for his resentment. 

Five of the six Criminals wlio were irregularly liberated at the time 
of the execution of their confederates while they were only respited 
until His Majesty's Pleasure should be known have surrendered 
themselves in consequence of a Proclamation issued upon your 
Lordship's notification of His Majesty's most gracious pardon to 
them and I have the pleasure to assure your Lordship that they 
received with the most grateful and dutiful acknowledgement that 
mark of the King's Royal Clemency and took the Oath of Alle- 
giance and the other of these Criminals I am informed is dead. 

I have just discovered that it has escaped me hitherto to inform 
your Lordship that in the month of April last I gave permission to 
discharge a load of salt brought into this Province by a Brigantine 
bound from Lisbon to New York upon sufficient evidence that the 
vessel had put into Port Roanoke in this Province through distress 
and that she could not be repaired and put in condition to proceed 
on her voyage without unloading having sprung a very dangerous 
Leak and. I most heartily beg your Lordship's pardon for this 
omission. 

Being by no means able to ascertain how far the Laws in this 
Province while it was a Proprietary have been ratified by His Maj- 
esty or are now properly of force with respect to the whole or that 
part of it still held by one of the Proprietors, I most humbly 
request your Lordship's information on this subject for I see the 
Laws of- that day make yet a part of the system of Jurisprudence of 
this Colony one of which intituled " An Act concerning old titles of 
Lands and for limitations of actions and for avoiding suits in Law " 
passed in the year 1715 appears to me to be injurious to property 
and there are others that I think derogatory to the Powers granted 
by His Majesty to his Governors. 

Since I have seen the evils introduced by the malpractices of 
Attornies here I confess to you my Lord I feel my sentiments much 
changed with respect to the Act of 1770 referred to in my dispatch N° 
IS, for their intervention is by that Law rendered unnecessary and an 
appeal is allowed to the parties from the judgment of the Magistrates 
to the County Court which is attended with inconsiderable expence, 



COLONIAL EECORDS. 341 



indeed I am of opinion it will be improved by giving the power to 
one JMagistrate that is now vested in two as it would afford oppor- 
tunity to exclude a great number of bad men who are now neces- 
saril}' admitted into the Magistracy. 

An Act that was passed at the late Session intituled " An Act to 
impower the Freeholders of the several Parishes therein mentioned 
to elect ^^estries for their resjiective parishes has caused great dis- 
content among the Presbyterians in those parishes who pretend it 
arises not from being abridged of the privilege of becoming Ves- 
trymen but from their being distinguished and put upon a worse 
footing than the rest of their set. At the time the act was before me 
I own My Lord I thought it included the Body of Presbyterians in 
the Province for I could not liave entered into the Policy of making 
distinction in such a case of the same denomination of people, & as 
they appear to rest their discontent on this ground I hope the Assem- 
bly at the next session will be induced to exclude them from 
Vestries universally which seems to be a measure no less expedient 
in this Country than consistent with the Laws of Great Britain for 
the support of the established church. 

I have the honor to be &c 

.JO: MARTIN. 



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

Letter from M'' Reed to the Secretary. 

Neweerx Sept' 12"' 1773 [1772] 
Reverend Sir, 

Nothing material has happened since my last of the 17"' of March. 
The Assembly which was appointed to meet last i^Iay was prorogued 
till the 12"' of October, and very probably will be further prorogued 
till about Christmas when the present Vestry Act will be fully 
expired, and must of course come upon the Anvil, a permanent one 
will be warmly recommended, and if it should miscarry I shall have 
very little hopes of ever seeing the Church of England established 
in this province. 

I have sent my Natiiia Parochialis as usual and am with the 
utmost gratitude and regard, Yoi;rs &° 

JAMES REED. 



342 COLONIAL RECORDS. 



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

Letter from Bromfield Ridley to Col. John "Williams. 

28"- Sept' 1772. 
D'' SiK, 

My Horse is not yet got Home, I am very doubtful that he is 
stolen, but in the mean time examine Bowling strictly relative to 
him; the Fellow perhaps may have been scoundrel enough to con- 
ceal him upon a supposition that he shou'd get a reward. I think 
it wou'd be necessarj^ to advertise him, you can describe him as well 
as I can, his brand is T in this Form, either on the near or off But- 
tock, shod before. Pray Sir, Advertise him in Town as well as in 
the Country & speak to some Gentleman in Town to take proper care 
of him if he shou'd be heard of. I shall expect you down the Day 
after Tomorrow. 

I am D' Sir Y' very H^'° Serv' 

BROMFIELD RIDLEY. 



[From MS. Eecord.s in Office of Secretary of State.] 

Governor Martin to Samuel Johnston Esq 

Halifax October 4"- 1772. 
Sir, 

I have heard with much concern of your indisposition ; and hope 
this will find your moving far advanced, & that the approach of 
Winter will soon establish & confirm your health. 

In case of a vacancy at the Council Board I wish to know 
whether you will permit me to name you to the King, if it be 
agreeable to you, I shall be much flattered by an opportunity of 
making so honorable an acquisition to the Council of this Province. 

The Commissioners of His Majesty's Cu.stoms have done me the 
favour to write that they will send a Deputation to M"' Brown or 
any other jjerson whom I shall recommend for the Comptrollership 
of Currituck, the Salaiy of which office I find to be no more than 
.£30 strl ^ Ann, if therefore Sir it is in your wishes that JP Brown 
be confirmed in that Office; or if you can preferably recommend 
any other Gentleman, & man of Character for it, I beg the favour 
of you to engage him to execute the enclosed bond, which the 



COLONIAL RECORDS. 343 



Commissioners have sent to me & that you will convey it to me at 
Newbern that I may transmit it to them. 

The Commiss" inform me that they ha-\-e given orders to the 
Officers of Currituck to confine themselves to their proper District. 
I am with great esteem &c 

JO. MARTIN. 

The Bond I believe is to be for £500 and there must be two 
Securities named on it. 



344 



COLONIAL RECORDS. 



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

Field Return of the Regiment of Militia for Wake County, at a 
General iluster, the sixth Day of October 1772. 



COMJIISSIOXED OFFICERS. 



xox- 


commiss'd 








PRIVATE : 


OFFICEKS. 












CD 








p 


a 














-s 


a 




< 


_^ 


'^ 


o 


3 


CD 


^ 


m 


Q 


M 


'^ 


< 


o 


3 





45 


8 


o 


3 





23 


49 


3 


3 


1 


40 


15 


3 


3 


1 


46 


18 


3 


3 


1 


79 


12 


3 


3 


1 


70 


23 


o 


3 


1 


37 


29 


3 


3 





60 


8 


3 


3 





54 


19 



John Hinton, Colonel. 
Joel Lane, Lieut. Col. 
Theophilus Hunter, Major. 



Simon Turner, Capt ^ 

John Myat, Lieut ■ 

Andrew Collins, Ensig j 

John Hinton, Capt \ 

Ruben Rogers, Ensig j 

James Moore, Capt 

Swan Thompson, Lieut 

Jacob Bledso, Ensig 

Samuel Pearson, Capt 

John Bedingfield, Lieut 

Joshua Sugg, Ensig 

Nathaniel Jones, Capt 

Tignal Jones, Lieut 

Thomas Philips, Ensig 

Edward Mobley, Capt. (resigned 
Jeremiah Mobley, Lieut. (Capt, 
Edward Mobley, Ensig. (Lieut.) . 

Michael Rogers, Capt "] 

Demsy Powell, Lieut > 

Aaron Rogers, Ensig j 

Sandy Sanders, Capt 

Jacob LTtley, Lieut 

Etheldred Jones, Ensig 

William Sims, Capt ^ 

Isham Hendor, Lieut > 

.Joel Sims, Ensig j 

W° Anderson Fowler, Capt — 

Mozier Jones, Lieut 

Godfry Fowler, Ensig 



H 
53 
72 
55 
64 
91 
93 
66 
60 
73 



JOHN HINTON. 



COLONIAL RECORDS. 345 



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

Letter from Henry Eustace M'CulIoh to Rich^ Bennihan Esq, 

Halifax 8'" Oct. 1772. 

SiK, 

At the iustauce of my Cousin Mr. Benj. IVrCulloch, I have taken 
the liberty to inclose you 3 advertisem'" summoning the people with 
whom I may have any business in your parts, to meet me at your 
house on the days therein mentioned. Your universal Character 
makes me flatter myself you will be so good as to excuse the free- 
dom I have taken, and any trouble it may occasion you; and for 
which I shall be happy to make you ever}' return which will prove 
agreeable to you. Be so good as to have one of these Advertisements 
put up at Boyd's place, one at my friend M' Tho' Hines, and the 
other in such place as will be most effectual; Your kind assistance 
in endeavouring that the people give me the punctual meeting, will 
much oblige Sir Your very Obed. Serv' 

HENRY E. M'CULLOH. 

P. S. I propose being at your house th Thursd^ Even^ 



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

NoETH Carolina — Ss. 

By his Excellency Josiah ih^rtin, Esq. His ^lajesty's Captain Gen- 
eral, and Governor in Chief, in and over the said Province. 
To William Palmer Esquire 

I, reposing esfjecial Trust and Confidence in your Loyalty, Cour- 
age and good Conduct, do, by these Pi'esents, constitute and appoint 
you the said "William Palmer during my Pleasure, to be Colonel of 
the Beaufort Regiment of Militia. You are therefore carefully and 
diligently to discharge the Duty of Colonel by exercising and well 
disciplining both the inferior Officers and Soldiers of that Regi- 
ment. And I do hereby command them to obey j'ou as their 
Colonel and you are to observe and follow such Orders and Direc- 
tions, from Time to Time, as you shall receive from me, as Captain 



346 COLONIAL RECORDS. 



General, or anj' other your superior Officer, according to the Rules 
and Directions of military Discipline, and the Laws of this Province. 
Given under mj' Hand, and the Seal of the said Province, at New 
Bern the Tenth Day of October Anno Doni. 1772 and the Twelfth 
Year of his Majestvs Reign. 

JO. MARTIN 
By His Excellenc3''s Command 
James Parratt D. Sec. 



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



COUNCIL JOURNALS. 

At a Council held at New Bern Octol_.er 12'" 1772. 
Present. 
His Excellency the Governor, 
m TT 11 fl^ewis H. DeRosset and 1 -r^ 

The Honble | ^j^,^_ ^pculloch William Dry | ^^^i"^^'^^ 

His Excellenc}' informed the Board that it had been represented 
to him the meeting of the Assembly at the time it stands prorogued 
to would be attended with several inconveniences, he judged it 
might be proper to be prorogued until a further time and desired 
the opinion of the Council thereupon, who were of opinion it 
should be prorogued to the 6" day of January next then to meet at 
New Bern for the dispatch of business. Ordered a proclamation 
issue in the usual form. 



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

Ja. Milner to Col Williams 

Halifax 22 Oct. '72. 
Dear Sir 

I hope you and Miss Williams had a safe and agreeable journey 
home and that you found all your famil}' and friends well. 

I forgot to mention to you when here, that you would particularly 
oblige me bj' appearing in my stead for M"' Strudwick in any suits 
he may be concerned in the county court of Orange. I beg you 
would not appear against him in any of them. The fees I will 



COLONIAL RECORDS. 347 



pay, and will make compensation adequate to any inconvenience 
that may arise from your not taking tlie opposite side. To tiiis 
rec|uest favor me with an answer. 

I rely on your frie/idh' attention to my friends in other matters 
in that court, & especially in Bute. My best wishes attend Mrs 
Williams, Miss "Williams and ]\Iiss Keeling, and I am, with sincere 
regard. Dear Sir Your very hble serv' 

JA. MILNER 



[B. P. R. O. Am. & W. Lnd.: No. Carolina. No. 220] 

Governor Martin to Sec''^ Hillsborough. 

North Carolina New Bern, 
■ Oct' 25* 1772. 

I have the honor to acknowledge the receipt of your Lordship's 
Dispatch N" 9. 

The directions which your Lordship has been pleased to give me 
therein concerning the appointment of County Clerks, under the 
Clerk of the Pleas, during pleasure, I will punctually observe, when 
the Law for the Constitution of Inferior Courts of Pleas, shall come 
under the consideration of the Legislature, at the next Session, and 
it will give me great satisfaction to find such Provision an effectual 
remedy of the evils which now arise from the tenure of those offices. 
I cannot take upon me to say, My Lord, that the Council will relin- 
quish willingl}' the power it now holds by the participation of its 
Members in the Court of Chancery, but their attendance on that 
business, without reward, so seldom as twice a year, and for a short 
time, is considered so great an hardship that I am inclined to think 
they would not greatly feel, or regret the loss of a priviledge they 
do not themselves think well established and that they exercise with 
such seeming reluctance. I have thought it behoved me to say that 
much in answer to your Lordship's objection; and in my own justi- 
fication for proposing the measure that I some time ago had the 
honor to submit to j'our Lordships consideration, not meaning to 
urge it furthur, which I should think inconsistent with my Duty & 
the respect I owe to your Lordship's sentiments upon all occasions. 
I am satisfied to have brought a matter of so great importance before 
your Lordship, and please myself with the assurance that the Court 
of Chancery of this ProA'ince (the business of which is daily aug- 



348 COLONIAL RECORDS. 



menting) will at a proper time be put upon a footing to give the relief 
designed by a Court of Equit}'; and which under its present circum- 
stances it does not seem calculated to afford. 

I have much to lament My Lord that I have been induced by the 
Representations of some considerable persons in this Country, to 
grant by the advice of his Majesty's Council a Charter to Tarborough, 
not long before the Receipt of your Lordship's last dispatches, by 
which your Lordship recommends such measures to be previously • 
submitted to the consideration of Government, which I shall make 
the rule of my conduct for the future; although I am not without 
doubts, which I humbly request your Lordship wall be pleased to 
resolve, whether that restriction with respect to Charters, extends 
only to cases like that of Campbelltown, w^here a new Charter was 
granted on the surrender of the old one, or generally to all cases 
wherein Charters may be soUicited. The pretentions of Tarborough 
are founded on its convenient situation for Trade, which in this 
Country appears to be in such a state as to require every encourage- 
ment that may derive it to proper Channells, and they will appear 
moi'e fully to your Lordship Oli the minutes of Council hereafter to 
be transmitted. 

I am much concerned to find your Lordship does not admit the 
Expediency of allowing the Importation of foreign salt to this Colony, 
and coasidering the ground on which your Lordship's objections 
stand, I dare not jDresume to ask or expect, however I may wish a 
farther consideration of that measure although I am persuaded it 
would be of the greatest advantage to this Countrj^, and I do believe 
I may venture to afBrm, that its productions make it an object more 
deserving such indulgence than any other of His JIajesty's Colonies 
excejjt Newfoundland. 

In consequence of the resolution taken wdth regard to the Insur- 
gents who petitioned to surrender themselves, which I had the honor 
to communicate to your Lordship from Hillsborough, those wretched 
offenders appeared at the Superior Court there and entered into 
recognizances on the 23'^ of last month, two days before I left that 
l^lace. Their whole behaviour in Court and during their stay of a 
few hours in town, is reported to have been most perfectly decent 
and submissive, and I have the satisfaction to assure your Lordship 
that the part of this Country which last year exhibited such scenes 
of confusion and disorder, enjo3's at this time in common with the 
rest of the Province profound peace and tranquility. 



COLONIAL RECORDS. 349 



Ou my route from Hillsborough I made a detour to take a view 
of the Northern Counties as far as Halifax, among which those of 
Granville & Bute have great preeminence, as well with respect to 
soil and cultivation, as the manners and condition of the Inhabi- 
tants, in which last respect, the difference is so great, that one would 
be led to think them people of another Region. These advantages 
arise I conceive from the vicinity of Virginia, from whence I under- 
stand many people, invited by the superior excellence of the soil 
have imigrated to settle in these Counties. 

At my return to this place on the 7'^ instant, I found I had made 
a Circuit of 800 miles in somewhat more than three months, this 
part of my duty My Lord, I have performed not without difHculty 
and at very con.siderable expence for which I shall be most gratefully 
recompensed if my endeavours are found conducive to the public 
welfare, nor can I wish for an higher reward but my Royal Master's 
approbation of my humble services. 

Since I have made myself better acquainted with the people of this 
Country, I am of opinion my Lord that the Counties in general can- 
not afford more than five Magistrates fit to be Judges in the Inferior 
Courts. I would therefore humbly j^ropose that number to be the 
greatest Quorum, instead of seven recommended by my letter N° 18. 

In the course of my journey through the Interior Countr}', I received 
t^ie Militia of the three Counties of Orange, Guilford, and Chatham, 
which were the principal theatres of the late disorders, chiefly with 
a view to bring the people together that I might form my own judg- 
ment of their temper and dispositions and I availed myself of these 
opportunities to reprehend them for their past egregious offences, to 
exhort them to future good behaviour, to explain & inforce their 
civil duties, and obligations, and to assure them of my utmost pro- 
tection and support in their just rights, as well as my firm resolution 
to maintain the Laws inviolate, and to punish with every lawful 
rigour any relapse into sedition and violence. The behaviour of 
the people was everywhere decent and orderl}', beyond what had been 
known upon similar occasions as, I am informed and I hope My 
Lord that time will show I do not vainly flatter myself in thinking 
I left them impressed with a just sense of their duty to His Majesty 
and their Country, and that mj' earnest & well intended labours to 
restore the peace of this Colony have not been altogether abortive. 
Considered in a militqiry light, nothing I do assure your Lordship 
can be imagined more contemptible in all respects, but numbers, 



350 COLONIAL RECORDS. 



than those Assemblages of people in Arms, they were truly such a 
burlesque representation of soldiers, such a mockery of my beloved 
profession of arms, as did not fail to excite in me some silent, indig- 
nant and painful emotions. 

I have much reason to believe My Lord, that the Master and 
Crew of M' Simpson's Vessel misrepresented the treatment they 
received at La Vera Cruz, in order to conceal their own iniquities, 
and the quantity of money they are said to have brought back, 
almost assures me that they were partakers in the j^lunder of the 
Vessel, which they alledged to M' Simpson in their letters from 
thence to have been confiscated with her Cargo by the Spanish Gov- 
ernor's authority, and I have accordingly communicated my informa- 
tion and suspicions to Admiral Sir George Rodney. 

In the Expectation that I may receive Instruction upon the sev- 
eral arrangements I have submitted to your Lordship's consider- 
ation, and particularly with regard to a Law for the more effectual 
collection of His Majesty's Revenue of Quit Rents, which your 
Lordship encouraged me to expect some time ago, and upon repre- 
sentations of general convenience, I have prorogued the General 
Assembly of this Province, from the 10"" of December to the 6'" of 
January next. 

I am to acquaint your Lordship, that I have displayed His Maj- 
esty's most gracious Acts of beneficence to the fiimily of Benjami^ 
Merrill, and to the aged -lohn Matear, and I had the satisfaction to 
see them received with the most dutiful and lively gratitude. 
I have the honor to be &c 

JO. MARTIN. 



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

Know all men by these presents that we Andrew Neel and John 
Ritzhaupt and Thomas Neel are held and firmly bound unto the 
Justices of the Inferior Court of pleas and Quarter Sessions for the 
County of Tryon or to their Successors in the Sum of One thousand 
pounds proclamation money to which payment well and truly to be 
made We bind ourselves and each of us our heirs Executors and 
Administrators Jointly and severally firmly by these presents Sealed 
with our Seals and Dated the 28"" Dav of October A D 1772 



COLONIAL RECORDS. 351 



The Condition of tlio al)Ove obligation is such that Whereas the 
above bound Andrew Neel hath been appointed Clerk of the 
Inferior Court of Tryon County By Commission under the hand 
&. Seal of the Honourable Samuel Strudwick Esq' Dated the thirteenth 
Day of September Anno Domini one thousand Seven hundred and 
Seventy Two. If therefore the said Andrew Neel do well and truly 
Execute and Discharge his said Office according to the tenor of his 
Oath and the records of the said Court Safely keep then the above 
obligation to be void otherwise to remain in full force and virtue. 

AND'' NEEL 
JOHN RITZHAUPT 
- THO' NEEL 
Signed Sealed and Delivered in Presence of 
Robert Blackburn 



fB. P. R. O. All. & W. IxD. : No. Carolina. No. 210.] 

Lord Dartmouth to Governor Alartin. 

Whiteh.all November 4"' 1772. 
Sir, 

Your dispatches of the 18'" May 5"" June and b'" and 11"" of July 
have been received and laid before the King. 

As the three" first of these dispatclies contain little more than a 
detail of the Measures j'ou had taken for carrying into execution 
the Instructions you had received from tlie Earl of Hillsborough 
upon various matters relative to the state of your Government I 
have only to say that the attention you appear to have given to the 
several Objects pointed out to you manifested a Zeal for the Kings 
service that cannot fail of recommending you to His Majesty's Favor, 

The charges exhibited against the Collector of Customs for the 
Port of Currituck are of a nature that certainly seemed to require 
that he should be suspended from the Execution of his Office ; but 
from what I have learned of the -nature of that Officer's appoint- 
ment and from a comparison of it with the powers of suspension 
vested in you by your Instructions I very much doubt of the 
validity of the step you have taken and therefore cannot signify to 
you my commands from the King on that head until I have talked 
with Lord North on the subject. 



COLONIAL RECORDS. 



The step j-ou j^ropose to take of consulting the Judges on the Case 
of the Outlaws in Guilford Count\' and upon the measures it may- 
be proper to pursue with regard to those Delinquents is certainly a 
very prudent one for however well founded your own opinion may 
be yet it seems to be a case in which it would be improper for you to 
take any steps that had not the Sanction of the Law servants of the 
Crown. 

I have not yet failed to consider with great attention the alter- 
ation you propose should be made iu the Court Acts in the ensumg 
Session of Assembly and the only one of the Propriety^ of which I 
have any doubt is the Extension of the Jurisdiction of the Inferior 
Courts of Common Pleas in matters of Property, for although I am 
sensible that by the other reforms you suggest those Courts will lie 
rendered more respectable yet as the Judges of them are not likely 
to have much knowledge of the Common Law they will I think 
under any Restriction be unfit to decide in matters of Property to 
so great an extent as £20. 

With regard to the other regulations they appear to me reasonable 
constitutional and proper and I sliall be glad to hear that you have 
been able to induce the other Branches of the Legislature to concur 
therein; thinking at the same time that, in the discussion of what- 
ever Propositions you think fit to recommend to them on this subject 
they should be left entirely to their own free choice and that any 
positive Instructions from the King of the nature you suggest would 
not only be questionable in point of Propriety but would be the 
most likely means to defeat the Object. 

I entirely concur with you in thinking that the appointment of 
the Clerks of the Courts ought to have been in the Governor. I 
find however upon enquiry that the practice is different in other 
Colonies, and as the King has tliought fit to vest that power in 
another person by his Royal Commission I cannot take upon me on 
ground of expediency to advise an Act of Injustice but at the same 
time I do not hesitate to approve every provision that can be made 
in the new Court Act that may without prejudice to the Rights of 
the Patentee establish that Check and Controul which may be nec- 
essary to prevent the enormity you have complained of in the sale 
of the Offices of Clerks of the Courts. 

I am &c: 
DARTMOUTH. 



COLONIAL RECORDS. 



[B. P. R. O. Am. & W. IND. : No. Carolina. No. 220.] 

Another account of the seizure of Colonel Simpson'.s Vessel by the 

Spaniards. 

James Davis Notary Public by lawful authority admitted and 
sworn dwelling in New Bern in the Province aforesaid Do hereby 
certify unto all whom it may concern that on the day of the date 
of these presents came before me the said Notary Ichabod Simpson 
and made Oath on the Holy Evangelists of Almighty God, That on 
the Twenty fifth day of December one thousand seven hundred and 
sixty nine, the Schooner John and Elizabeth Ebenezer Fuller Com- 
mander arrived off Vera Cruz and it blowing hard a boat came on 
board with a number of people in her and having a Pilot carried 
the said Schooner to an anchor under an Island and the next day 
an officer and Soldiers came on Board and brought with them a 
quantity of Provisions who were set as a guard over the Master 
and Crew of the said Schooner and remained so until the first day 
of January when they carried the Vessel from that place up the 
Harbour and moored her under the Fort and the Governor and 
Custom House officers coming on board they rummaged the Vessel 
and carried on Shore five hundred & twenty nine and a half Dol- 
lars which they took to the Treasury as this Deponent was informed. 
That from that time until the seventeenth day of March following 
one person was suffered to go on shore to buy Provisions under the 
guard of a soldier, but afterwards no one was suffered to go on 
shore. That about a week after the Spaniards had taken the Dol- 
lars as aforesaid this Deponent was ordered by the officer on Board 
to go on shore to the Treasury which he did & received thirty dol- 
lars Part of the aforesaid sum and the Spaniards continued to pay 
to the Master and Crew thirty Dollars per week for their subsistance 
until the amount of the aforesaid sum was expended. That respect- 
ing the Cargo of rum on board the Schooner, the Spaniards per- 
mitted them to make use of it at discretion and believes that the 
Crew secretly sold about two hundred Gallons for a dollar a gallon 
and that the remainder leaked out and was wasted for want of 
care. That on the thirtieth day of October in the year one Thou- 
sand seven hundred and seventy the said Schooner sunk and the 
Spaniards having saved the masts bowsprit, spar, sails, rigging, ' 
anchors, catties, water casks and every movable the master and 
VOL. IX — 23 



354 COLONIAL RECORDS. 



crew aforesaid were removed ■ on board a Pontoon in the Harbour 
under the same guard bemg allowed after the aforesaid Dollars 
were expended two Reals a day each man where the}- were detained 
until the sixth day of February one Thousand seven hundred and 
seventy two as mentioned in the Protest to which this Deponent 
refers. And this Deponent further saith that since his arrival 
lately in this Province he hath heard that a rumor prevailed that 
he and several of the Crew had brought with them to the amount 
of between six and seven hundred dollars and that many surmises 
were propagated to the Injury of this Deponent as to the manner he 
or the Crew obtained such a sum, and this Deponent sayeth that he 
having a venture on board secretly disposed of the same at oppor- 
tunities and continued to Traffick most part of the time he was 
under Confinement b}' which he raised tlfe amount of two hundred 
and seventy five dollars or thereabouts, that the Captain had about 
one hundred and ten dollars, Benjamin Rose about one hundred 
and Twenty, Philip James about Seventy five, John Freeman 
about one hundred and John Williams about Ten, all of which 
sums this Deponent believes the said Captain and people saved out 
of their allowance and by carrying on secret Traffick for and with- 
the Spaniards. " ICHABOD SIMPSOX. 

In faith and Testimony whereof I the said Notary have hereunto 
set my hand and affixed my Seal of office this twenty sixth day of 
November Anno. Dom. 1772. 

JAMES DAVIS. N. Pub. 



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

From our monthly Meetting of the People Called Quakers Held at 
Cain Creek in the Count}' of Orange and Province of North Caro- 
lina the Seventh day of the Eleventh month 1772. 

To JosiAH Martin Esqr. Governor and Commander in Cheap in 

AND OVER THE SaID PROVINCE AND TO THE COUNCELL; SPEAKER ; 
AND MEMBERS OF THE HOUSE OF ASSEMBLY. 

Do we as Humble dependants Earnestly Crave Your Attention ; 
and may these few lines find Such Acceptance with you; that as We 
Spread our Remonstrances before You ; It may be your Pleasure to 
Have Us Redressed ; for it is our Principle and Known Practice as a 



COLONIAL RECORDS. 355 



Society; to be subordinate and Peascible under Goverment; (altho 
deviated from by Some who make Profession as we do) for which 
the Sevei'all Sherriffs Can bear us Record; That when their Passing 
about in their Respective Services Was thought dangerous; That 
Numbers of us Conveyed our money for our Taxes; to the Severall 
Sheriffs Thereof ; When Come due and Paj-able; as being Wilhng 
to Exert our Selves to the Support of our Gracious King and Gover- 
ment; Well Knowing From Whose Clemency We as a People Enjoy 
Great Privilcdges 

Now the moveing Instance Which We have to Lay Before You is 
that Whereas Governor William Trj'on; Requested us to Furnish 
him With Six Waggon Load of Flower; together With Six Waggons 
and Teams; in the Campaign against the Regulators; Which Request 
We Complyed with; in Expectation of being Paid for the Same; and 
Whereas We Understand ; there hath been but a Small Part offered 
at the Last Sitting of assembly; therefore We Humbly Intreat you; 
to take it into Consideration ; and Grant this our Pctetion For if 
otherwise the Burthen thereof is most Likely to fall on a Very Few 
in the discharge and Settlement thereof; Which may Prove the 
means of Rendering Some of us Incapable of the Punctuall discharge 
of our other Respective debts; therefore we Earnestly Crave; that 
you would Condesend to Administer to our Releaf, and Ease our 
Humble Hearts ; Being in duty bound ; We Forever Shall Return 
due acknowledgements. 

Signed in and on Behalf of the Said meeting, 
CHRISTOPHER HUSSEY RlCff KEMP 

MORGAN EDWARDS JESSE HIXSHAW 

THOMAS LINDLEY THO= VESTAL 

ISAAC JONES WILLIAM MARSHILL 

JOSEPH COMER JACOB MARSHILL 

JEREMIAH PIGGOTT DANIEL BROWN 

DAVID VESTAL JOSEPH CLOUD 

WM. I-IOBSON JOHN DAIRY 

BENJAMIN PIGGOTT WILLIAM BROWN 

WILLIAM LINDLEY LEVI BRANSON 

AARON JONES WILLIAM VESTAL. 

WILL. WIERMAN 



356 COLONIAL RECORDS. 



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

Letter from the Editor of Tlie Cape Fear Mercury. 

HiLLSBOROi'GH IG"" Nov"' 1772. 
Sir, 

Your Brother Lawyer, M' Ridley, very obligingly offered to use his 
Interest in Granville to promote the Subscription for the Mercury, 
which you were so kind as to take Charge of. It was out of my 
Power to go to your Court, yet I hope the Scheme will be supported 
as if I had been present. Before I leave this I shall know what 
may be expected from this Town & the adjacent Country. I had 
several People employed in Chatham, before their last Court, to col- 
lect Subscriptions there, I shall go thro' that County & know what 
has been done & if I find the Expense will be defrayed, I shall 
immediately engage a Rider to go every fortnight between this 
Town & Cross Creek, to which Place the Paper will be bro't by 
another Rider, but this perhaps I cannot do till I hear from Gran- 
ville. Therefore I beg you would take the Trouble of sending to 
Col Nash a Letter for me by the middle of next Month, inclosing a 
List of such Subscribers 'as You may have got. I have Avrote to 
this effect to M' Ridley & to M' Person. I am almost convinced 
the Rider can be established & I hope to effect it by next January. 
The Halifax Express can carry the Granville Papers from this to 
Harrisburg, but this Expence, which can't be much, must be paid 
Ijy the Subscribers. I depend on your assiduity in promoting this 

scheme, I am, S" 

Your very obedient Servant 

ADAM BOYD. 



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

Letter from Andrew Miller to Thomas Burke. 

H.iLiFAX Nov' 20 1772 
Dear Sir, 

I am much obliged to you for your fav' of the 15"" Inst: Docf 
Skimii^r & the two Seconds were acquitted by the Call or Examining 
Court, no Evidence appearing against them. I'me sorry you had any 



COLONIAL RECORDS. 357 



more "Wrecks on the way — tho' I'me glad you have got to the end 
of Journey without either receiving anj' hurt. I believe j'ou when 
you say, suppose you'l come to Halifax in the end — we are ver\- apt 
to believe what we wish ma^' happen. That Cursed money occasions 
a great deal of uneasiness in the world — should Doct' Burke have 
occasion for £200 I think I could let him have it without Injury to 
tlie Company or myself. 

M" Miller when at the marsh settled with Miss M'Culloch & Harry 
Montfort upon a Jaunt to Edenton & Perquimans — they have been 
gone a fortnight I expect them home in a few days, she is now con- 
firmed of her Pregnancy, which made a great deal of Alteration in 
her Spirits, before she went from here. 

Co' Montfort is very 111. I cjuestion much if he Survives this 
winter. The Post is waiting I have only time to desire Compliments 
to M''' Burke, and am Dear Sir 

Your Hum"" Serv' 

AND" xMILLER. 



[B. P. R. O. A3I. & W. IND.: No. Carolixa. No. 220.] 

Governor Martin to Lord Dartmouth. 

N° Carolixa New Bern, Nov"- 28'" 1772. 
My Lord, 

I have had the honor to receive your Lordship's letter of the 14* 
of August last, signifying the King's gracious ajjpointment of your 
Lordship to be one of His Majesties Principal Secretaries of State, and 
that the Department of the Colonies was committed to your Lord- 
ship's care, and I embrace this first opportunity to offer my humble 
congratulations to your Lordship on the occasion. 

In obedience to His Majesty's command that my dispatches be 
addressed to your Lordship, I herewith transmit a duplicate to my 
letter N°. 23 to the Earl of Hillsborough, which concludes my official 
intercourse with that Nobleman, and as I have now the honor to 
open a correspondence with your Lordship, I mark my Dispatches 
with a new sei-ies of numbers. 

The endless complaints my Lord that the people of the interior 
part of this Country brought before me while I resided among them 
last summer afforded me full conviction of their having been gre- 
viously oppressed by the Sheriffs, Clerks and other Sul:>ordinate 



358 COLONIAL RECORDS. 



officers of Governmeut, and exceedingly moved mj' compassion, but 
on the otlier liand I can assure your Lordship there was not wanting 
evidence of most extravagant licenciousness and criminal violences 
on the part of that wretched people which heaven provoked by the 
abuses I discovered or by other causes that might be inscrutable to 
me, seem at length to have urged matters to a crisis that necessarily 
terminated in bloodshed. Upon the whole I am not without hopes 
my Lord, that the vigerous measures taken by my predecessor under 
those circumstances may have a tendency to keep under the disor- 
derly spirit which it is to be apprehended will never be extinguished 
in that Region while the great Proprietary of Earl Granville shall 
continue, to the astonishment of people here, and to the inestimable 
. loss of his Lordship in the present neglected state, for being aban- 
doned and left without any superintending care, it is become my 
Lord not only profitless to the Proprietor, but a nuisance to this 
Colony by affording an inviting aisylum to the outcasts and fugitives 
of the other Provinces who retire to it and sit down where they like 
the land unquestioned, communicating their vices and corruption to 
the other Inhabitants, Avhose barbarous ignorance makes them but 
too obnoxious to the banefull contagion. From this source my 
Lord I apprehend may be derived in part the late commotions in 
,this Countrj', and it is an evil growing ever^^ day more alarming, 
for which I see no remed}- but between the two alternatives of Earl 
Granville taking- proper care of his interest here, to which it is won- 
derfull he should need any prompting, or the Crowns making pur- 
chase of it, which is most ardently wished, and the expediency 
whereof both with respect to His Majesty's Interest in point of Reve- 
nue and the hapjpiness of his people in this Country, I had the 
honor some time ago most humbly to submit to the consideration of 
my Royal Master in my correspondence with the Etirl of Hillsbo- 
rough. » 

If the King My Lord shall graciously condescend to adopt that 
measure, so much the object of the wishes of His Majesty's people 
here, the Revenue of Quit rents, under the operation of an effectual 
Law, that might be readily obtained as the condition of His Majesty's 
remission of the arrears due to within one or two years of its taking 
effect, would immediately become an object of consequence that is 
now from the difficulty of collecting it inadequate to the support of 
the little Provincial Civil list with which it is chargeable, and it 
would grow in a short time to great amount, for the heathfull climate 



COLONIAL RECORDS. 359 



and fertile soil of the Proprietary District whenever it shall be known 
that titles may be obtained in those lands, will induce multitudes of 
settlers of the best kind, to the expulsion of the present intruders, 
who must then of necessity, (at least the worst of them,) if they did 
not by choice seek another retreat, and His Majesty by becoming 
Lord of the Proprietarj' Soil will unite all parts of this Country, 
abolish that distinction of Interest that has been the offspring of its 
division however unaccountable it may seem, and combine all His 
Majesty's Subjects under the Sovereign, from whom the Tenants of 
the Pro}jrietor now really appear to think themselves alienated in 
some sort, although he is merely the Landlord. This change of cir- 
cumstances Jly Lord together with the Provisions which I flatter 
myself the Legislature will make at the next Session for the security 
of the Publick peace will I think give lasting prosperity'' and happi- 
ness to this Colony, and they are universally held to be the only 
means of making those blessings permanent 

The representation which I had the honor to make to the Earl of 

Hillsborough in my letter N° on the state of the office of Clerk 

of the Pleas here, at the time M' Strudwick succeeded to it, was 
framed upon information I had received of former mal practises in 
that office, which I believe my Lord to have been generally very 
just, but since I have had opportunity to examine things more thor- 
oughly myself I am of opinion the corruption of the Magistracy 
(which I do yet think verj' great) is not so universal as I was then 
taught to believe, and the uniformly upright conduct of M' Strud- 
wick, his inflexible integrity, and nice j^i'inciples of honor give me 
confidence to assure your Lordship that he will redeem the credit of 
that office, and that under his direction the power derived from it 
which by the strictness of the present Laws is very narrowly limited, 
will be employed as much to the advantage of Government as it can 
be in any other hands than those of His Majesty's Governor, where 
I think, with all submission, it would operate most beneficially fur- 
nishing him with means of which he is now destitute, to create an 
interest in the legislature that might support the measures of Gov- 
ernment against the opposition made to them so constantly and 
without distinction in the Assembly of this Province, whose num- 
bers and strength give it preponderating weight, if however His 
Majesty shall be pleased to continue the office of Clerk of the Pleas, 
I shall not for my own part lament it, while it is held by AP Strud- 
wick of whose virtue I have the highest opinion. 



360 COLONIAL RECORDS. 



I promise myself and I believe I may venture to assure your 
Lordship that no difference in opinion will hereafter occur between 
M' Chief Justice Howard and myself to the disadvantage of the 
Publick interests, such as hath arisen, and which I thought it my 
duty to lay before His Majesty. I am inclined on reflection to 
impute rather to a little impatience of temper in M' Howard, super- 
induced by a nervous affection and weakly habit of body than by 
any unwillingness to assist me in my duty to His Majesty, for his 
good sense, and amiable equalities, obviate any suspicio'n of tha^ 
sort. 

In my last Dispatch to the Earl of Hillsborough your Lordship 
will observe I mentioned that I had reasons to suspect the integritj'' 
of the Master and Crew of M'' Simpson's ^^essel, from the quantitj^ 
of money brought here with them, and my conjectures were much 
confirmed when fwas informed that the master had hastily left this 
Province after his arrival without accounting with his Owner, or 
even seeing him, hearing lately however that the Mate a brother of 
M' Simpson was in this Country, and thinking it of importance to 
get the fullest information with regard to a transaction in which a 
foreign state was concerned I sent for him and obtained his relation 
of the detention of the "\^essel properly authenticated, which I have 
now the honor to transmit to your Lordship, and as he accounts for 
the circumstances that created my suspicion, by showing how the 
money might be acquired otherwise than by the plunder of the 
Vessel, -and for the Masters flight from hence hj assurance tliat it 
was in dread of his Creditors, I shall think it my Duty to send a 
duplicate of the Mates deposition to Vice Admiral Rodney, lest my 
apprehensions which I thought it right to communicate to him 
should operate in abatement of the restitution to be claimed of tlie 
Spanish Governor at La Vera Cruz. 

M" Palmer and M"' Jones members of His Majesty's Council in 
this Province are absent in England with leave, in case of the I'esig- 
nation of either of those Gentlemen, or of a vacancy by any other 
means, I beg leave to propose to your Lordship for His Majesty's 
approbation M' Wyley Jones, M"' Thomas M°Gwire, His Majesty's 
Attorney General of this Province and M" Hugh Waddel, who are 
gentlemen of character & fortune and qualified to make usefull 
members of that Board. 

I have the honor to be etc 

JO. MARTIN. 



COLONIAL RTiCORDS. 301 



[B. P. R. O. Am. & W. IND.: No. Carolin.v. No. 219.] 

Lord Dartmouth to Governor Martin. 

Whitehall, 9* December 1772. 

SlE, 

B}^ the Sivallow Packet which arrived a few days since I 
received your DisjDatches to Lord Hillsborough N°' 19, 20, & 21, and 
have laid them before the King. 

The laying an Embargo upon Wheat, Rye & Flour until the future 
Crops of Indian Corn could be ascertained appears to have been a 
provident Measure in case the Rej^resentations made of the failure 
of the preceding Harvest were well founded ; but I should be glad 
to know upon what ground it was that the Council advised the 
Embargo for if there is no express Law that gives authority to the 
Governor in this case I should very much doubt whether the gen- 
eral i^owers of Government contained in the King's commission 
would warrant such a step unless in time of War and not even then 
without express Instructions from the King, I am to presume tho' 
you do not say so that this Embargo was accompanied with an 
Exception in the c£ise of grain and flour exjaorted to Great Britain 
and I mention this to you for the greater caution in the future as 
the supply of those Articles from the Colonies is in the present 
Moment of great importance to this Kingdom and has been 'one of 
the first objects of attention in the present session of Parliament. 

With regard to what you say of the necessity you was under on 
this occasion of acting with only three Members of the Council, I 
will not take upon me to assert that no case can exist in which it 
may not be necessary to act with the advice of a smaller number of 
the Council than the King's Instruction has prescribed but I think 
it my duty to observe to you that nothing but unavoidaWe necessity 
can justify such a Deviation from the Constitution. 

I am not without ap2:)rehension that the Instructions given t)y his 
Majesty to his Governors in America respecting the execution of the 
Laws for the regulation of the Plantation Trade may in other cases 
as well as in that which you mention be incompatible with the 
present Establishment of a Board of Customs in America and there- 
fore I will not fail at a proper oi:)portunity to use my endeavours 



362 COLONIAL RECORDS. 



that a matter upon which I am not at present prepared to give an 
opinion may have a due consideration in the proper department. 

I have not failed to give attention to the remarks you make upon 
ihe state of the Back settlements the Temper and Character of the 
Inhabitants and your own opinion of the origin of those discontents 
which produce such very disagreeble consec|uences and I must confess 
to you that I see but too much reason to believe that those deluded 
people would not have been induced to involve themselves in the 
guilt of Rebellion without provocation, but it is neither fit nor 
necessary for me to recur to transactions of so disagreeable a Com- 
plexion not doubting that the measures the late Governor pursued 
were in his -ludgment absolutely necessary and were not adopted 
without the fullest examination into the Grievances complained of 
and that all proper endeavours were used to redress them. 

Your caution in taking the opinion of the Law servants of the 
Crown upon the case of the Outlaws .of Ciuilford County is very 
much to be commended, and I presume from what you state of the 
situation in which they stand at present so diiTerent from what was 
at first proposed they will not be considered by the Legislature as 
objects of exception in the Act of Indemnity you are authorized to 
pass. 

With regard to the question that has arisen Ijetween yourself and 
the Chief Justice, how far he is bound to give his opinion in cases 
where you may think fit to call upon him for it, it appears to me 
that the practice in this Kingdom is the only proper rule by wliich 
it can be decided according to which practice if I rightly understand 
it the Chief Justice as being a Memlaer of the Privy Council is 
bound to give his opinion upon Jlatters coming vinder the delibera- 
tion of that Board but that any special reference to him in his 
character of Chief Justice would be irregular in almost any case 
whatever and highly improper in any light if it was meant to draw 
from him an extra judicial opinion upon a matter that was likely to 
come before him in his own Court. 

I ani persuaded Sir tliat if you had reverted to what passed in 
the year 1751 respecting the Revisal and Confirmation by the then 
Legislature of the Laws of North Carolina you would have had no 
doubt of the force and validity of the act passed in the year 1715 
concerning Titles of Lands which act together with many others 
passed in the same period were then adopted and made a part of 
the Constitution of the Colony but even had that not been the case 



COLONIAL RECORDS. 363 



I do not see that tliere -wouLl have been any ground to have doubted 
of the validity of any Law passed in the time of the Proprietors and 
which has not since been disallowed by the Crown or repealed by 
some subsequent act. 

The Propriety or Impropriety of allowing Inferior .Jurisdictions 
in Matters of Property is a question that depends so much upon the 
nature and circumstances of the Country in which such judicature 
is to operate that it must of necessity be left to the discretion of the 
Legislature and what I have said to you upon this subject in a 
former dispatch was founded upon an opinion which I see no reason 
to alter that the greatest caution ought to be used in vesting persons 
ignorant of the Laws with a decision in matters of property that in 
general ought to be cognizable only in the regular Courts of .Judica- 
ture. If the Act for impowering the Freeholders in the New 
Parishes to elect Vestries makes a Regulation , with regard to the 
Presbyterians in those Parishes which has not taken place in the 
other Parishes of the Province it is certainly an improper distinc- 
tion but I hope you will not take any steps for extending that 
regulation or making it universal until you shall have received his 
Majesty's further pleasure thereupon in consequence of a considera- 
tion of the Law lately passed. » I am &c 

DARTMOUTH. 



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

Letter from Col. Francis Nash to Col. John Williams. 

Hillsborough, December 10, 1772. 
De.\r Sir, 

I remember to have left with you some Notes which were given 
on account of my Lottery, among which was one of iP .John Hen- 
derson. I should be very glad you would give me some Acco' of 
what steps you have taken in them. I shall be greatly in want of 
some proc. at our January court, if any collection can be made it 
will come most Seasonably. 

I propose doing myself the pleasure of seeing j'ou about Christ- 
mass, mean time with my Compliments to M" Williams and Miss 
Aggy I am D' Sir 

Your mo' Obed. H'b'le Serv' 

F. NASH. 



364 COLONIAL RECORDS. 



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

Letter from C4overiior ^Lirtin to the Earl of Dartmouth. 

North Carolina New Bern 
December Iff" 1772. 

I have at leugtli collected Table.s of the Fees taken by the several 
officers in this Province, and now persuant to His Majest5''s Royal 
Instruction, I have the honor to transmit Copies thereof to your 
Lordship. 

Some Planters of South Carolina, who visited the Southern Parts 
of this Province, last summer, and declared their approbation of the 
Lands on Cape Fear River for the growth of Rice and Indigo, seera 
to have excited a new spirit of industry and improvement there. 
The little experiments which have been made afford the greatest 
Encouragements. M" Waters and M' APGwire I am informed will 
ship this year between four and five hundred barrels of Rice, and 
M" Dupre manufactured seven hundred weight of Indigo, the last 
season. I hope next year to give j'our Lordship accounts of great ■ 
augmentation of these valuable commodities, as I find many people 
intent upon the culture of them. 

Between six and seven hundred people have lately arrived in Cape 
Fear River, from the Scottish Isles, one hundred and sixty of which 
I hear are absolutely pennyless, many of this People are said to have 
perished in this Country of late years and few of them are thought 
likely to become profitable Settlers, being for the mo.?t pa. t unskilled 
in the Arts of Agriculture. 

However much mj compassion was moved by the complaints of 
the People, while I was in the interior Country last Summer, I am 
daily more and more inclined to think My Lord, that good conse- 
Cjuences will be fe'lt by this Colony, from the vigorous and decisive 
measures taken by my worthv Predecessor under the embarrassing 
circumstances that attended the latter days of his Administration 
here, in the whole course of which I can confidently maintain, he 
acted upon the noblest principles, and with the best intentions for 
the Public good. 

Having found ]\Iy Lord that doul)ts were entertained whether 
some of the Laws in whicli I am instructed to procure essential 



COLONIAL ItECORDS. 365 



amendments, -n-ould expire at the approaching Session, if it com- 
menced before the 16"" day of next mouth, people in general com- 
puting their duration for five yeai's from the time of their receiving 
their Assent of the Governor here ; I have thought it proper to put 
the matter out of question by proroguing the General Assembly from 
the 6"" to the IS'" day of next month. 

I have the honor to be etc 

JO. MARTIN. 



[JouRSALS Board Trade. Vol. SO.] 

BOARD OF TRADE -JOURNALS. 

At a Meeting of His Maj. Comm" for Trade and Plantations 

Monday February 17, 1772 
Present 
M' Jenyns M' Roberts 

M' Gascoyne Lord Robert Spencer 

The Earl of Hillsliorough attends. 

[P. 27.] 
Their Lojdships read and considered forty four Acts passed in the 
Province of North Carolina in Dec' 1770 & January 1771 together 
with M' .Jackson's Report thereupon, and it was agreed that the said 
Acts should be taken into further consideration on AYednesday next 
and that M' Jackson should be desired to attend 

"Wednesday February 19, 1772 
Their Lordships took into further consideration the Laws of North 
Carolina mentioned in the preceding Minutes and it was Ordered 
that the Draught of a Representation to His Majesty should be pre- 
pared upon several of the said Acts the titles of which are as 
follow Viz : — 

An Act for preventing tumults ife riotous Assemblies for the more 
speedy and efiectual punishing the Rioters and for restoring and 
preserving the public peace. 

An Act for founding establishing and endowing of Queen's Col- 
lege in the Town of Charlotte in Mecklenburg County 



366 COLONIAL RECORDS. 



An act to encourage the further settlement of this Province. 

An Act authorizing Presbj'terian Ministers regularly called to any 
Congregation within this JDrovince to solemnize the rites of Matri- 
mony under the Regulations therein mentioned. 

Ordered that the Secretary do transmit to His Maj. Postmaster 
General a coj^y of the Act for encouraging and supporting the estab- 
lishment of a Post oflfice in North Carolina to the end that the Board 
may be enabled by receiving his sentiments upon that law to take 
such steps thereupon as shall appear to be proper in respect to that 
branch of His Maj. service under his direction 

[P. 34.] 

Friday February 21, 1772. 
The Draught of a Representation to His Majesty upon several 
Laws passed in North Carolina mentioned in the Minutes of the 19"" 
inst, having been prepared pursuant to order was approved and 
transcribed — and signed on Feb'' 26. 

[P. 35.J 

Tuesday March 25, 1772 

Read a letter from the Post Master General dated 4 March 1772 
containing observations upon an Act passed in North Carolina 
relative to the Post Office mentioned in the Minutes of the IQ* ult°. 

Ordered that the Draught of a Representation to His Majesty 
be prepared proposing that the Act above mentioned should be 
disallowed — which was approved, transcribed [p. 70] and signed 
April 13. 

[P. 87.] 

Thursday Ma}' 7 1772. 

Read an order of the King in Council dated April 22 1772 jjer- 
mitting an Act passed in North Carolina in Jan'' 1771 for preven ting- 
Tumults etc to expire by its own limitation and directing the 
Draught of an Additional Instruction to the Governor of the said 
Province to recommend to the Legislature there in case thej' shall 
enact a new Law for the general purposes of the Act to pass it with 
an exception as to a clause extending the Penal Laws against Rioters. 

The Draught of an Additional Instruction to the Governor of 
North Carolina having been prepared conformable to the said Order 
was approved and it was Ordered that the Draught of a Representa- 
tion to His Majesty thereupon should be prepared. 



COLONIAL RECORDS. 367 



[P. 89.] 

Thursday May 12. 1772. 

Read an Order of the King in Council dated May G 1772 di.sal- 
lowing an Act passed in North Carohna in January 1771 to encour- 
age and support the establishment of a Post office in that Province 
and directing this Board to prepare the Draught of au Additional 
Instruction to the Governor to recommend to the Assembly to pass 
another Act for the general uses of the former free from certain 
objections statedby the Postmaster General in his letter to this Board. 

The Draught of an Additional Instruction conformable to the 
said order having been prepared was approved and signed. 

[P. 141.] 

Wednesday July 29. 1772. 
The Secretary laid before the Board Minutes of the Council of 
North Carolina from 12 Aug. 1771 to 25 Jan'^' 1772, Journal of the 
Upper House of Assembly from 19 Nov. to 23 Dec. 1771, Journal 
of the Lower House same time, twenty three Acts passed in tlie 
Province of North Carolina in December 1771. 



1773. 

[B. P. R. O. Am. & W. Ind: No. Carolina. No. 320.] 

By His Excellency Josiah Martin Esquire His Majesty's Governor 
& Commander in Chief in and over said Province. 

To all to whom these Presents shall come Greeting, Know ye that 
Thomas Jones and James Davis Esc|uires are notary Publics duty 
admitted and sworn for the several ports "of Roanoke and Beaufort 
in this Province. Therefore all due faith and Credit is and ought 
to be had and given to the Acts of the said Thomas Jones and 
James Davis as Notaiy Publics aforesaid in all or any of His 
Majesty's Courts of Judicature or elsewhere within His Dominions. 

In Testimony whereof I the said .Josiah IMartin have hereunto sett 
my hand and caused the Great Seal of His Majesty's said Province 
to be affixed at New Bern the first day of January, Anno. Dom. 
1773. ' JO. MARTIN. 



368 COLONIAL RECORDS. 



[B. P. R. O. Xsi. & W. IND.: No. Carolina. No. 220.] 

State of the Crown Revenue in N° Carolina. 

1" January 1773. 

Lands patented before 1730-"1 at 12" '^ 100 acres 42,000 

Do Do at G" 165,000 

Oct' 1734 to July 1752 

Lands granted by Gov"' Johnston at 4' "p 100 acres 1,880,000 

Do. to Henry M°Culloh Esq™ and Associates concerned 

in Interest with him 472,003 

Do. to Do. and Associates not concerned* in Interest with 

him 327,500 

Quit Rents payable from March 175('> 2,679,503 

To Fel/^ 1753 by President Rice 48,125 

To November 1754 by President Rowan 284,752 

To April 1765 by Governor Dobbs 696,767 

To June 1771 by Governor Tryon 1,208,269 

To January 1773 including His Excellency Governor ilar- 

tin'sfir,st Land OfRce--r_ - 95,302 

N° of Acres Granted at 4' per 100 Acres 5,012,7.8 

The Arrears of Quit Rents on all the Lands above mentioned if 
the Quit Rents had to be paid agreeable to the Grants would have 
amounted to upwards of £50,000 proc". 

The Deductions allow^ed off as on the other side to the best of my 
Judgment of these Matters on the 1" January 1773, the Crown Rev- 
enue in N° Carolina may stand as follows. 

To Annual Quit Rents of 42,000 at 12" f 100 acres £ 21 

Do. 165,000 at 6" do 415 

Dp. 3,500,000 at 4' do :.- 7,000 

£70(32 5 

Arrears due to the Crown after all the above Deductions may for 
all probability amount to about £25,000 Proclamation Money. 



COLONIAL RECORDS. 3G9 



Casual Revenue altogether trifling hitherto and uncertain, much 
the same rather worse than as set forth in the Memorial to His 
Excellency Governor Dobbs A. D. 1762. 

It is submitted to His Excellency Governor Martin in Council to 
take into Consideration that part of the Revenue. 

To be Deducted. 

Lands patented twice-some thrice at least 70,000 

Lands taken up in fictitious names for the sake of Light- 
wood 40,000 

Lands fal'n into So. Carolina on running that Boundary 

Line September 1764 60,000 

On running the Boundary Line June 1772 in ilecklen- 
burg County 10,000 

Besides 4 of 144,000 the Catawba Indian Lands fal'n into 
So. Carolina a great deal taken up in this Province 17 
years ago _ 11.5,000 

D° Lands in Tryon County fal'n into So. Carolina running 

Boundary Line June 1772 400,000 

Lands surrendered by Henry M'Culloh Esc|" & Associates 

concerned in interest with him 339,325 

The Quit Rents of which at this time would have been 
upwards of £10,850, this has been foreign to the Crown 
and no cliarges to be made of any Quit Rents upon this 
Land. 

Lands now holden by H. M'Culloli Esq'° and Associates 
concerned in Interest with him is 129,335 on which no 
Quit Rents will be duo 'till after June 1774 when the 
debt due to him will be extinguished. All Quit Rents 
received on account of the 129,335 to 9* July 1773 to 
be paid to the said M' M'Culloh and Associates con- 
cerned in Interest with him. 

Surrendered by Alexander M'Culloch Esq" & D" William 

Houston 25,000 

Sold upon Execution for Quit Rents 112,500 Acres all for 
j£649.11s. 6d. Currency of which in all probability no 
Quit Rents will ever be paid for 75,000 

Of Governor Dobbs 200,000 Acres in all probability no 

Quit Rents will ever be paid for 150,000 

VOL. IX — 24 



370 COLONIAL RECORDS. 



Lost to the Crown ou Account of these Associates not con- 
cerned in Interest with H. M°CuIloh Esq'" above £10,000. 

Lands fal'n into Earl Granville's District on running that 
Boundary Line in September last, some of this Land 
taken up 15 years ago 200,000 



1,484,325 



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

Agreement for a horse race. 

Samuel Tines's Bay mare that run Here this night, To Run with 
David Mitchels Bay mare that run here to night for Fiftj' Pounds 
Virginia Money Turns Lock or go the Third Time & Judge the 
Difference Carrying one Hundred on Each. To Run the 2'^ day of 
September Next at Col° John AVilliams's Race Paths a full Quarter 
of a Mile from the Ward to the Poles play or pay. Made this 9* day ' 
of January 1773 Between us the Subscribers as Witness our Hands 
&c at Williams's Race path. 

WILLIAM FARRAR 
Test SAMUEL TINES 

Rich'' Wilki>s 

Robert Lanier 

JOHX LvscH 



[B. P. R. O. No. Carolina. B. T. Vol. 18.] 

An Estimate of the Expence of the U])per House of Assembly held 
at New Bern the 25'" January 1773. 

To th(* Members of Council — _ £17G 8 8 

To the Clerk 18113 4 

To the late Clerk 30 

To the Mace Bearer & Sergeant at Arms 96 13 4 

To House Rent 30 

To John Clitherall 4 

To Thomas Sitgreaves '2 

£520 15 4 

JOHN HAWKS, Clk. 



COLONIAL RECORDS. 371 



Estimate of Expenses incurred at an Assembly begun and held at 

New Bern the 25* day of January 1773. 
To the Members, Clerk, Mace Bearer, 
and Door Keepers for "Wages, Travel- 
ing and Ferriages £1714 11 6 

To Ja' Green Clk. for three Transcripts of 

the Journals 30 

To ditto for Stationary 10 

To ditto for Extra Services 150 

To ditto for registering 11 Journals etc_- 180 

To ditto for Ofiice rent Books etc 35 7 9 

To James Glascow Assistant Clerk 75 2194 19 3 

To Rigdon Brice for Engrossing 7 

To John Sitgreaves for Copying 4 

To John G. Blount for ditto 39 

To Samuel Budd for Engrossing 14 

To Ja' Glascow for CoiDying tfe Engross^-- 106 

To Tho^ Sitgreaves for the use of a room 5 

To William Even for Copying 1 

To John Williams for ditto 4 ISO 

To Francis Linaugh for fire Wc^od 5 

To Evan Swann for attending a Com- 
mittee 5 

To Benj" Fordham Mace Bearer extra 

Services 35 

To Francis Linaugh Door Keeper for ditto 35 

To Evan Swann Door Keeper for ditto.- 35 
To the Trustees of the School House for 

the use of a Room for the Assembly-- 60 
To the Amo' of Allowances on the Report 

of the Committee of Claims 1402 14 S 1577 14 S 

£3952 13 11 

The foregoing contains a true Copy taken from the proper 

Vouchers remaining in the Office of the Clerk of the Assembly of 
the Province aforesaid. 

Test: 

Jas' Green, Jrx' Clk. 



COLONIAL RECORDS. 



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

COUNCIL JOURNALS. 

At a Council held at New Bern 6"" February 1773. 
Present 
His Excellency the Governor, 
f James Hasell Alexander M'Culloch "^ 

rn, Tr 1 1 J John Rutherford William Dry t^ 

The Hnble , ^ewis DeRosset Samuel Strudwick & ( ^^^^'^'^^ 
[^ John Sampson Martin Howard ' J 
The Board proceeded to enquire into a complaint exhibitted by 
Philemon Hawkins again.st "William Tabb, Thomas Bell and Henry 
Hill Esquires Magistrates of Bute County for Malversation in their 
Office. But Mr Hawkins having produced no proofs in supjiort of 
the charge they were honorably acquitted. 



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

North C'AK'aisA — S.-. 

In the Assembly. 
Wednesday 3" February 1773. 

Whereas Tyree Harris late Sheriff of Orange County hath been 
Guilty of a Breach of the Priviledges of this House by Charging the 
Assembly with "NA^ronging him of One hundred pounds and saying 
he desired to know how the Members would .share it. 

These are therefore to Authorize Impower and Command you to 
take the said Tyree Harris into your Custody and him safely keep 
untill you bring him before this Plouse to Answer the above Con- 
tempt. And for your so doing this shall be your Sufficient Warrant. 

Given under my hand at Newbern the 3'' day of February afores'' 
1773. JOHN HARVEY, Speaker. 

To M' Benjamin Fordham Sergeant at Arms, to Execute and Re- 
turn. 

In Obedience to the within Warrant to me directed I have made 
dilligent Serch for the within Named Tyree Harris, who is Not to be 
found by BEN.J" FORDHAM Serg' at Arms. 

4 Feb'' 1773. 



COLONIAL RECORDS. 373 



[B. P. R. O. Am. & W. IND.: No. Carolina. No. 220.] 

Governor Martin 'to Earl Dartmouth 

North Carolina New Bkrx, Fel/^ 20'" 1773. 
My Lord, 

I have the honour to inform your Lordsliip, that the neglect of 
the Members to meet according to the Prorogation (common in this 
country') obliged me further to jjrorogue the General Assembly 
from the IS* to the 25"" day of the last month, when the House of 
Assemblj^ was fuller, as I am informed, than it has ever l^eeu at the 
beginning of a Session. 

I now transmit to your Lordship herewith, Copies of my Speech 
to both Houses of Assembly at the opening of the Session on that 
daj', and of their Addresses, and my Answers, by which last, yOur 
Lordship will perceive, I then entertained the fairest hopes, that 
such a temper would govern their deliberations, & such measures 
be adopted, as could not fail to distinguish the Session honorably ; 
these were formed upon the information I had received, that the 
people had made a better choice of Representatives than usual, and 
upon my own Assurance, that I had nothing in Command from 
His Majesty to propose, that could cause the least difficulty or 
embarrassment. 

These favourable appearances, my Lord, lasted until the 24"" 
instant, when the House of Assembly presented to me a Bill " to 
Amend and continue an Act passed in the year 1768, for Establish- 
ing Superior Courts " etc, that by its limitation, would expire at the 
end of the present Session, which my duty obliged me to reject, as 
being repugnant to His Majesty's Roj'al Instructions, relating to the 
attachment of effects of persons who have never resided in the 
Colony, the Clause of that Act objected to by the Lords of Trade, in 
their Lordships' letter of the 12"" of December 1770, to Governor 
Tryon (which I conceive to have been the foundation of the King's 
Instruction) being only somewhat more favourabh* modified, with 
regard to persons in Europe, by an extentiou of the time thereby 
allowed, to defendants, whose effects were attached, to plead, or 
replevy. This indispensable conduct of mine turned the attention 
of the House of Assembly immediately to the instruction that had 
lain before it unnoticed (as it would seem) from the 29* of last 



374 COLONIAL RECORDS. 



month, when I communicated it to that time, and I Avas yesterday 
informed, that there was a tenij^erate but firm resolution in the 
majority of the House, rather to be without Courts of Justice, than 
conform to the direction of that Instruction. 

If this disijositiou shall prevail my Lord, my pleasing presages 
will have been ill founded, but whatever may be the event, I do 
assure your Lordship, nothing on my part shall be .wanting to 
bring the Session to such conclusion, as may be most conducive to 
the Public Welfare, and consistent with the honor of His Majesty's 
Government, and my Duty to my Royal Master. 

I have the honor to be &c 

JO. MARTIN. 



[B. P. R. O. A3I. & AV. IND.: No. Oakolin'a. No. 230.] 

Letter from Earl Dartmouth to Governor Martin. 

"Wpiitehall March 3' 1773. 
Sir, 

I have received your Dispatches No' 1 and 2 and have laid them 
before the King. 

I entirely concurr with you in opinion that Lord Granville's inat- 
tention to his Possessions in North Carolina has been both disad- 
vantageous to himself, and prejudicial to the Public, but I under.stand 
he has been at length induced to take up the consideration of his Inter- 
ests there, and has adopted some plan for the Arrangement of his 
Affairs that promises to be effectual. It will therefore be your Care 
to avail yourself of that Circumstance, and by acquaintance and con- 
versation with the Person whom his Lordship has appointed to be 
his Agent, to lead him into a Concurrence in such measures, as shall 
j^romote those commendable Objects you have in view for promoting 
the Peace & Prosperity of the Colony and for advancing His Majesty's 
Revenue by a proper Quit rent Law, which if it can be obtained on 
the conditions you suggest will be ecjually for the Interests of the 
Crown and of the Proprietary. 

The Representations you make of the Conduct and Character of 
M' Strudwick, incline me to hope that while the appointment of the 
County Clerks continues in his hands Government will derive every 
proper advantage from those Establishments but I think what you 
say of the Propriety of the Governor's having the Appointment of 



COLONIAL RECORDS. 375 



those Clerks may deserve attention upon some future occasion, and 
you may be assured I shall not fail to do full justice to your recom- 
mendation of M' Wyley Jones and M' Thomas jNPGwire whenever 
vacancies happen in the Council of No. Carolina. 

The Spirit of Industry and Improvement, which you say has 
shewn itself in the Southern parts of the Province, will necessaryly 
give strength and stability to Government by opening new Channels 
of Commerce, and encouraging the production of those Articles of 
Culture which are ecjually of Advantage to the Colony and to the 
Mother Country, and I make no doubt that your Sentiments of the 
Principles and Conduct of your Predecessor will be fully justified by 
the good effects of the spirited and prudent measures he pursued 
throughout the whole of his Administration. 

I am etc, 
DARTMOUTH. 



[B. P. R. O. Am. & W, IxD.: No. C.\rolix.\. No. 220.J 

The Memorial of the Members of His Majesty's Council for the 

Province of North Carolina to the Earl nf Dartmouth, 
Humbly Showeth, 

That by their Petition to His Majesty, now lying under considera- 
tion, the}' have represented at large the heavy burthen of their 
office, and the Reasons on which they humbly praj', that he would 
be graciously pleased to order them, an appointment adequate 
thereto. 

. That, from the Ec[ual increase of Business, especially in the Court 
of Chancer}', their attendances and Sittings are become extremely 
Burthensome to them, as they are obliged to meet now, much oftener 
than formally, to the great loss of their private concerns, and at an 
expence they are ill able to bear. Your Memorialists have prayed 
for their appointment on the Quit Rents of this Province, and on 
Terms which cannot be injurious to the present Establishment, and 
with the most heart} intentions of deserving the Royal Favour, by 
exerting themselves in assisting to procure a regular receipt of His 
Majesty's Rents in this Colony, and which they conceive are well 
able to bear the appointment they pray for, as they are informed 
that the gross amount thereof is upwards of seven thousand pounds 
proclamation money per annum besides a very heavy Arrear. 



376 COLONIAL RECORDS. 



Your Memorialists beg leave to refer j'our Lordship to their said 
Petition, and to such furthur matters as may be offered in support 
thereof, and Immbly pray that your Lordship will be pleased to take 
the same under your patronage, and protection, and to recommend 
it to His Majesty's gracious consideration & Favour. 

And your Memorialists as in duty bound, will ever i>ray. 

.JA= HASELL P. C. 
JNO. RUTHERFORD, 
LEWIS DeROSSET, 
JOHN SAMPSON, 
ALEX'' M°CULLOCH, ' 
W" DRY, 

SAM' STRUDWICK, 
M. HOWARD, 
SAMUEL CORNELL. 
Council Chamber 5"^ March 1773. 



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

LEGISLATIVE .JOURNALS. 

NoKTH Carolina — 

At an Assembly begun and held at New Bern the twenty fifth 
day of January in the Thirteenth year of His Majesty's Reign and 
in the year of our Lord one thousand seven hundred and seventh- 
three, being the first session of this Assembly. 

In the LTpper House. 
Present. 
f James Hasell Samuel Strudwick ^ 

n^i TT 11 John Rutherford Martin Howard | -r^ 
The llonble - t ■ t. t5 i i -Esquires. 

I Lewis DeRosset and ^ 

l^ Alex. McCulloch Samuel Cornell J 
His Excellency the Governor was pleased to command the imme- 
diate attendance of the Members of the upper and lower House of 
Assembly in the Council Chamber where they accordingly attended, 
and thereupon His Excellency made to lioth Houses the following 
Speech — "\^iz'. 



COLONIAL RECORDS. 



Gentlemen of His Majestys Honble Council, Mr Speaker axd 

Gentlemen op the House of Assembly, 

I have chosen to meet you in General Assemljly at this time of 
the year not only in I'egard to the common convenience of the mem- 
bers of the Legislature but in assurance that as it is the season of 
most perfect leisure your minds will be entirely disengaged and dis- 
jiosed to enter upon the i^ublic business with all that calm fixed 
and deliberate attention which the momentous concerns of your 
Country seem now peculiarly to demand. 

It is with great satisfaction that I inform 3'ou I have received His 
Majesty's Commands to propose at this Session the passing an Act of 
Pardon and Oblivion towards the people concerned in the late insur- 
rection with such exceptions as shall be reasonable and proper, and 
I trust that in return for the confidence our most gracious Sovereign 
is pleased hereby to repose in your prudence and discernment; and 
considering how much you thus become Arbiters. of your Country's 
peace j'ou will frame witli the strictest regard to the public safety 
this Law, the effect whereof must be suspended for the Royal jileas- 
ure, this I would recommend to be the first object of your considera- 
tion: and I hope it will be the last Act necessary to extinguish the 
remembrance of the causes and con.sequences of the late unhappy 
Convulsions of this country. 

But when I reflect on the distractions that have so deeply wounded 
the fame of this Colony; when I consider how defenceless it is, and 
how much still exposed to such calamity ; when I am proposing to 
you from His Majesty, means to heal the late dissentions my anxious 
concern for the honor and welfare of this Province naturalh- leads 
me to hope, and my confidence in your zeal for its Glory and Repose, 
assure me ; that while by such an Act as I have recommended you 
are dispensing Justice and Mercy to offenders against the public 
peace you will think it becoming the superintending care of the 
Legislature to provide by a permanent and effectual Law for its 
future security, the expediency of such a measure I will not dwell 
upon, it hath been fully and too fatally evinced. The recent mis- 
fortuiaes of this Province but too painfully declare it. Great Britain, 
cur Mother Country hath long experienced the most salutarj- effects 
of such a Law alnd it will be the sure Palladium of the Internal peace 
and Quiet of this Country. 

The expiration of many fundamental Laws at this time, will fur- 
nish you with much busi;iess for the ensuing Session. Of all the 



378 COLONIAL RECORDS. 



various and important Objects that will offer themselves to your con- 
sideration there appears to me none of greater consec[uence than the 
laws for the constitution of the Superior and Inferior Courts, the 
Channels by which we derive from our Sovereign that distributive 
Justice so essential to the security of Liberty and Prosperitj', and 
that is so eminently the Blessing of British Subjects: I have no 
doubt therefore that they will engage your particular attention, And 
as it is no less my desire than my duty to promote the reputation of 
this Colonj', I think myself bound to recommend to you to frame the 
Laws relating to those Institutions upon the most liberal principles 
of Equity to make them permanent, and to provide by them in the 
most ample and honerable manner for the support of the Judges. 
By these means Gentlemen you will essentially raise the credit of 
your Country, give dignity and stability to its Courts of Judicature 
and obviate those great inconveniences and disadvantages that are 
incident to every state whose fundamental constitutions are unset- 
tled, changable and uncertain. 

The Law for the Government of the Public Treasury will make 
another object of your deliberations and is second to none in point of 
importance — the perplexity and disorder of the finances of this 
Country are unhappily matter of notorietj' and complaint, and as 
the just economy of public money is one of the first principals of 
Political happiness it is my duty to exhort you in the most earnest 
manner to take this matter into your serious consideration to give 
the Public the fullest illustration of the present state of the funds 
and to make an exact and strict application of them, and more par- 
ticularly of those that have been created for sinking the paper cur- 
rency, that the Public faith may be inviolably preserved. The 
admirable method and arrangements which have taken place in the 
Treasury of the neighbouring province of Virginia have established 
the Public Credit of that Colony upon the firmest basis, to the 
immortal honor of its Legislature and as the greatest States have 
not thought it unworthy of them to borrow improvement from their 
neighbours so I hope Gentlemen you will not think it derogatory to 
your Wisdom that I hold up this example to your imitation espe- 
cially as I can from my heart assure you I do it upon no other prin- 
ciple than ardent desire to see the Public Credit of this country upon 
such a respectable footing as may invigorate its property to the emula- 
tion of the happiest and most flourishing of its sister Colonies. 



COLONIAL RECORDS. 379 



The Law for the appointment of Sheritts will also deserve your 
maturest consideration, the manifold and important duties of those 
officers in the Province as Ministers of the Law and Receivers of the 
Public Revenue involve almost every relation to the honor and 
happiness of this community — And as the deficiency of the funds 
of this Country as well as the disorders that lately prevailed in it 
are ascribed in great part to their malvei'sation, I hope I need 
not urge to you the propriety of taking effectual measures to pre- 
vent for the future the evils that have originated in their misman- 
agement or corruption. 

I congratulate you Gentlemen most sincerely on the disposition 
to peace and good order that I observe with the truest pleasure 
among the inhabitants of the interior country in the tour I made 
through it last Summer, I cherished the happy propensity by every 
incouragement in my power then much extended by the authority 
of His Majesty that made me the glad and humble Instrument to 
display many most gracious Acts of His Royal clemeucj', but it is 
only by the wholesome provisions and regulations of the Legisla- 
ture that I can hope for the delightful satisfaction of seeing the 
tranc|uility of this Colony full}' restored and permanently secured. 
Some abuses I fear yet prevail, and they will deserve j'our reform- 
ing care. One principal source of them seems to be the issuing 
writs indiscriminately in all cases upon the simple application of 
parties, and holding persons to Bail without the common Sanction 
of affidavits; to remedy which I would recommend to your atten- 
tion the practice of Great Biitain a natural and great Example to 
which we may look with advantage on this and many other 
occasions. 

Mr Speaker and Gentlemen of the Llouse of Assembly, I am to 
recommend to your care and support the establishment of Fort 
Johnston so necessary for the protection of one of the principal 
Ports of Trade in this Province. I shall order the return of the 
stores to be laid before you by which you will see the present 
exhausted state of the magazine and I hope you will enable me to 
furnish it immediately with such supplies as may be requisite to 
keep the place in a defensible condition. 

Gentlemen of His Majesty's Honourable Council, Mr Speaker and 
Gentlemen of the House of Assembly, Nothing will give me greater 
satisfaction than to see the business of the Session conducted with 
unanimit}' and dispatch, I shall be desirous always to give it every 



380 COLONIAL RECORDS. 



facility in m}- power and as ou the one hand I trust j-ou Mill propose 
to me nothing inconsistant with my duty, so on the other I can assure 
3'ou of my ready concurrence in all measures that may tend to 
promote the true interest honor and happiness of this Colony in 
■which, I have the honor to fill m)' present Station, I shall consider 
my own to he inseperably Involved. JO. MARTIN. 

New Bern 25"' January 1773. 

Mr John Hawks produced his commission appointing him Clerk 
of the upper House, who took the Oath prescribed by Law for his 
qualification, and subscribed the test. 

Then the House proceeded to the choice of waiters to attend on 
this House and Edward Sals was chosen and ai^pointed Mace bearer, 
and George Raye Serjeant at Arms who gave their attendance 
accordingly 

On motion Ordered that His Excellency's Speech be read. The 
same was read and taken under consideration and thereupon 
Ordered that the Honorable Lewis DeRosset and Martin Howard 
Esq", be and accordinglj" are appointed a Committee of this House 
to draw up and prepare an address in answer to His Excellency's 
Speech. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning 26"" January 1773. 
The House met according to adjournment. 
Present. 
( James Hasell Samuel Strudwick ~j 

The Honble-. Lewis DeRo.sset and vEsc^uires 

, (. Alexander M°Culloch Samuel Cornell j 

Then the House adjourned till 10 "Clock tomorrow morning, 

"Wednesday Fleming 27"" January 1773. 

The House met according to adjournment. 
Present, 
rjames Hasell Samuel Strudwick"! 

1^1 „ XT 11 John Rutherford JIartin Howard ^^ 

ilie Honble -, t • t. t> * i / Esqmres 

Lewis DeRosset and ( ^ 

(^Alexander McCuUoch Samuel Cornell J 
Received from the Assembly 1)}' Col" Howe and Mr Hooper the 
following Message Viz — 



COLONIAL UECOKDb. 381 



Gextlkmen of His ^NLv.ikhty's Homu.k Couxcii,. 

Tliis House have appointed Mr Harnett, Mr Allen Jones, Mr 
Simpson, Mr Mackniglit, Mr Thompson, Mr Stewart, Mr Coor, Mr 
Locke, Mr Thomas Person, Mr Williamson, Mr Lane, Mr Starkej' 
and Mr Sawyer a Committee on the I'ublic Accounts. 

And Mr Caswell, Mr Hunter, Mr Neale, Mr Martin, Mr Ruther- 
ford, Mr William Bryan, Mr Itoger Orraond, Mr Kimbrough, Mr 
Phifer, Mr Brooks, Mr Jarvis, Mr Gray, Mr Shepard, Mr Alston and 
Mr Thomas Robinson a Committee of this House to settle and allow 
Public Claims in conjunction with such of your Honors as you shall 

think fit to appoint. 

JOHN 1IAR\T.Y Speaker 

In the Assembly 26"' Jaii^ 1773. 

By order Jamks Gree.v Clk. 

The Committee appointed to draw up and prepare an address in 
answer to his Excellency's Speech Rejjortcd that they had prepared 
the same, which was read and approved of, and thereupon Resolved 
it stand the Address of this House and be entered in the Journals 
thereof as follows viz'. 

To HIS Excellency Josiah Martin Esquike Goveknor and Com- 
mander IN Chief of the Province of North Carolin.v. 
May it please your Excellencj', 

We the Members of his Majestys Council return our thanks to 
your Excellency for your Speech to both Houses of Assembly. 

The Instructions which your Excellency has received from his 
Majesty to propose at this Session the passing an Act of Pardon in 
favour of the late Insurgents we acknowledge as an Instance of his 
great goodness and clemency and AVe are persuaded that it will be 
attended with Salutary Effects. By removing the apprehension of 
p)unishment from tho.se who have incurred the Censure of the Law, 
their confidence in, and attachment to Government will be renewed,, 
and by this means many useful members may be again restored to 
the connnunity. We shall therefore most readily concur in anj' well 
digested Law that may correspond with his iNlajestys pleasure to 
bury in oblivion all that is past, with such exceptions as shall be 
reasonable and proper, and at the same time we will join our 
endeavors towards effecting some wi.se provision for procuring the 
safety of the Public peace in time to come. 



382 COLONIAL RECORDS. 



We observe with great satisfaction your Excellencys sollicitude 
and concern for the honor and interest of this Province in the 
several weighty matters to w'hich you have called up our attention. 

A permanent establishment of the Courts of Justice, is, and ought 
to be the first care of every prudent Government, and let whatever 
mode or institution be proposed for that purpose, at this time, We, 
for our parts will strive to direct our Councils to the trua interest of 
the Public. In like manner we hope to apjjrove ourselves as the 
faithful servants of his Majesty and his people in this Province by a 
diligent and upright regard to the several other important objects 
which your Excellency has with so much care pointed out for our 
deliberation. 

In grateful return for which we offer to your Excellency our best 
endeavors to assist you in })romoting the true happiness of this 
Colony. 

In the upper House 27"" Jan^ 1773. 

By order RIGDON BRICE pro Clk. 

On motion ordered the following Message be sent to the Assem- 
bly— 

Mr .SrE.A.KER AND Gentlemex of the Assembly, 

In ;:nswer to your Message relative to tije Committees tliis House 
have appointed the Honorable -John Rutherford, Alexander M'Cul- 
locli, William Dry, Samuel Strudwick and Samuel Cornell Esquires 
a Committee of this House to examine, state and settle the Public 
Accounts — And the Honorable Lewis DeRosset, John Sampson and 
Martin Howard Esquires a Committee of this House to settle and 
allow the Public Claims. 

In the upper House 27"" Jan-^ IT 73. 

By order RIGDON BRICE pro Clk. 

Then the House adjourned till It) "(lock tomorrow morning. 

Thursda}' Morning "iH"' January 177 '. 
, The House met according to adjournment. 
Present. 
C James Hasell Samuel Strudwick ) 

The Honble^ Lewis DeRosset Martin Howaid & Esquires 

( Alexander M'Culloch Samuel Cornell j 
Tiien the House adjourned till 10 "Clock tomorrow morning. 



COLONIAL RECORDS. 383 



Friday Morning 29" January 1773. 
The House met according toildjournment 
Present. 
( James Hasell Martin Howard ^ 

The Honble% Lewis DeRosset and - Esc^uires 

( Alexander M'^Culloch Samuel Strudwick j 
Received from the Assembly by Mr Shepard and Mr Neale the 
following Message Viz' 

Gentlemen of His Majestys Honble Council, 

This House have Resolved that the Treasurers or either of them 
furnish the j\Iace bearers and door keepers of- the Council and the 
House with decent Gowi-is immediately and be allowed in their 
Accounts with the Public. A copy of which we herewith send 
your Honors and desire your Concurrence thereto 

JOHN HARVEY, Speaker 

In the Assembly 27'" Jan-' 1773. 

By order James Green Clk. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning 30"' Jauuaiy 1773. 
The House met according to adjournment 
Present 
James Hasell Alexander M^Culloch 



rpi TT 111 John Rutherford Samuel Strudwick ( -^ 
Ihe Honble-^ t • -r. -o ^ ivr t- -u ^ r Esquires 

Lewis DeRosset Martin Howard ' ^ 



t^ John Sampson Samuel Cornell 
Received from the Assembly by Mr Lanier and Mr Hampton 
A Bill for annexing the North part of Rowan to the County of 

Surry, and the further establishment and erecting the Parish of 

Dobbs into a separate and distinct Parish. 
On motion the same was read and passed. 
Received from the Assembly by Mr Stewart and Mr Spruil 
A Bill for erecting part of the Counties of Halifax and Tyrrell 

into one distinct Count)^ and Parish and for other purposes therein 

mentioned. 

On motion, read the fir.st time and passed. 

On motion Ordered the Message received from the Assembly with 

their Resolve that the Treasurers furnish the Mace bearer and door 



384 COLONIAL RECORDS. 



keepers of both Houses with decent gowns, be read. The same was 
read and concurred with. j. 

Received from the Assembly by Mr Rutherford and Mr Phifer, A 
Bill to prevent the Crime of horse stealing, and A Bill for Estab- 
lishing the Western part of Rowan County into a separate and dis- 
tinct County and Parish by the name of County and _J 

Parish. 

On motion Ordered the Bill to prevent the crime of horse stealing 
be read. The same was read the first time and passed. 

On motion Ordered the Bill for Establishing the Westward part 
of Rowan County into a separate and distinct County and Parish 
be read. The same was read the first time and passed. 

Received from the Assembly by Mr Locke and Mr Davidson — 

A Bill for establishing a Public seminary of learning in the 
Western part of this Province. 

On motion the same was read the first time and passed. 

Then the House adjourned till 10 "Clock on Monday Morning. 

Monday Morning 1" February 1773. 
The House met according to adjournment 
Present 

f James PLasell Alexander M°rulloch ^ 

rm TT 1.1 John Rutherford Samuel Strudwick y. 

The Honble - t • -n i> j at i- it j f -Esquires 

j Lewis DeKosset Martm Howard & ^ 

l^ John Sampson Samuel Cornell J 

Received from the Assembly by Mr Person and Mr Hunter 
A Bill for keeping the Lords day commonly called Sunday and 

for the more effectual suppression of A'ice and immorality — 
On motion read the first time and passed. 
Received from the Assembly I:)}' Mr Davidson and Mr Ormond 
A Bill for the more easy and effectual method of collecting the 

Taxes in the Counties therein mentioned — 
On motion, read the first time and passed. 
Received from the Assembly by Mr Davidson and Mr Ormond 
A Bill for annexing of a part of Carteret to Onslow County — 
On motion read the first time and passed. 
Received from the Assembly by Mr Neale and Mr Shepard 
A Bill for erecting a Public gaol and gaolers House in the Town 

of Wilmington for the district of Wilmington — 
On motion read the first time and passed. 



COLONIAL RECORDS. 3S5 



And a Bill for the relief of Persons who have, or may suffer Ijy 
their deeds and mesne conveyances not being proved and regis- 
tered within the time heretofore appointed by Law. 

On motion read the first time and passed. 

Then the President attended by the House waited on His Excel- 
lenc_y the Governor and presented to him their Address, to which 
His Excellency was pleased to return the following answer. . 

Gentlemen of His Majesty's Honorable Council, 

I return my sincere thanks for this Address. 

Your concurrence in the expediency of the several measures I 
have recommended to the consideration of the General Assembly 
assure me of their propriety and importance, and the part which 
your House have always taken in the Legislative business of this 
Country give me confidence to expect everything from you that may 
be consistent with your duty to his Majesty and a liberal regard to 
the honor and true interest of this Colon}'. 

Nothing can be more acceptable to me than your offers of Assist- 
ance to promote the happiness of this Province. Aided by your 
Council, I shall hope Gentlemen, that my zealous endeavours in the 
service of my Royal Master, and for the Houi.r and Welfare of this 
Colony, will deserve success. JO. iLlRTIN. 

New Bern February T' 1773. 

Then the House adjourned till 10 "Clock tomorrow morning. . 

Tuesdaj' Morning 2'* February 1773. 
The House met according to adjournment. 
Present 
r James Hasell Alexand' M^Cijlloch^ 

n^■l TT 11 John Rutherford Samuel Strudwick ! r- .^ 

Ihe Honble t ■ t-> r> * i ^-Lsq" 

Lewis DeKosset and ^ 

l^John Sampson ALartin Howard J 

Received from the Assembly by Mr Hatch and Mr Gray A Bill to 
amend an Act for appointing Commissioners to build a Prison, 
Pillorj^ and Stocks on the lot whereon the Court House now stands 
in Duplin Count}'. On moiflon read the first time and passed. 

And a Bill of Pardon and oblivion to the persons concerned in the 
late insurrection except such persons as are therein excepted. On 
motion read the first time and passed. 
VOL. IX — 25 



5SG COLONIAL RECORDS. 



Received from the Assembly by Mr Davis and Mr M°Ree A Bill 
for establishing a Town on the Land of Isaac Jones on the North 
West branch of Cape Fear River in Bladen County. On motion 
read the first time and passed. 

Received from the Assembly by Mr Thompson and Mr Shepard 
A Bill to amend An Act Intituled, "An Act for establishing a school 
house in the Town of New Bern." On motion read the first time 
and passed. 

And a Bill to restrain the Fishery for a certain Season in each 
Year, in the several places therein mentioned. On motion read the 
first time and passed. 

Received from the Assembly by Mr Atherton and Mr Evans 

A Bill for the more effectual punishment of Counterfeiters of the 
Public Debenture Bills of Credit of this Colony and Coin. 

On motion read the first time and passed. 

And a Bill to exonerate John Tagart and Francis Adams late 
Sheriffs of Tryon County from being chargable with the collection 
of Taxes taken into South Carolina 

On motion read the first time and passed 

Received from the Assembly by Mr Kimbrough and Mr Lanier 

A Bill for altering the place fixed upon by the Commissioners for 
building a Court House prison and stocks in the County of Guilford. 

On motion read the first time and passed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Wednesday Morning 3"" February 1773. 
The House met according to adjournment. 
Present 
f James Hasell William Dry ") 

I John Rutherford Samuel Strmlwick 
The Honble { Lewis De Rosset Martin Howard )■ Esquires 
I John Sampson and 

1^ Alex' McCuUoch Samuel Cornell J 
Received from the Assembly by Mr Hooper and Mr Caswell the 
following Bills, Viz'. 

■ A Bill for dividing tlie Province into several districts and for 
establishing a Superior Court of Justice in each of the said districts 
and regulating the proceedings therein. 
On motion read the first time and passed 



COLONIAL RECORDS. 387 



A Bill for establishing Inferior Courts of Pleas and Quarter Ses-. 
sions in the several Counties in this Province. 

On motion read the first time and passed. 

A Bill for directing the method of aj^pointing Jurors in all causes 
civil and criminal. 

On motion fead the first time and passed. 

And a Bill directing the Boundary line between the Counties of 
Perquimans and Chowan and appointing Commissioners to see the 
same run. 

On motion read the first time and passed. 

Received from the Assembly by Col° Martin and Mr. Jarvis, 

A Bill to dissolve the Vestry of Unity Parish in Guilford County 
and repeal An Act therein mentioned. 

On motion read the first time and passed. 

Received from the Assembly by Mr Starkey and Mr Hunter 

A Bill to amend au Act Intitled An Act to prevent the exporta- 
tion of unmerchantable commodities. 

On motion read the first time and passed. 

Received from the Assembly by Col° Gray and Mr Kenan, 

A Biirto amend an Act for appointing Commissioners to build a 
prison pillory and stocks on the lot whereon the Court House now 
stands in Duplin County. 

On motion read the second time amended and passed. 

Received from the Assembly by Mr M°Ree and Mr McAllister. 

A Bill for preventing the frequent abuses in taking up and secret- 
ing of stray hoi'ses in the Counties thei'ein mentioned. 

On motion read the first time and passed. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Thursday Morning 4"" February 1773. 
The House met according to adjournment. 

Present as before. 
Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning 5"" February 1773. 
The House met according to Adjournment . 
Present 
r .James Hasell William Dry ^ 

Ti. -, Tj-,,,1 i„ John Rutherford Samuel Strudwick t^ , 

ine rlonule < t i o -vr *• tt i , Lsnrs 

I John Sampson Martm Howard j -^1'° 

Alexand' M°Culloch Samuel Cornell j 



388 COLONIAL RECORDS. 



- Received from the Assembly by Mr Martin and Mv Kimbrough 

A Bill to dissolve the Vestr}' of Unity Parish in Guilford County 
and repeal an Act therein mentioned. 

Received from the Assembly by Mr Jarvis and Mr Williamson. 

A Bill to amend an Act intitled " An Act for the better observation 
and keeping the Lords day commonly called Suud^ and for the 
more effectual suppre.ssion of vice and immorality." 

On motion read the second time and rejected 

And a Bill to continue an Act Intitled " An Act to direct Sheriffs 
in levying executions and the disposal of lands, goods and chatties 
taken thereon" 

On motion read the first time and passed 

Received from the Assembly by Mr Neale and Mr Hatch 

A Bill to amend An Act intitled, "An Act for establi.shing a 
School House in the Town of New Bern." 

On motion read the second time and passed 

And A Bill to prevent the wilful and malicious killing "of Slaves 

On motion read the first time and passed. 

Received from the Assembly by Mr Hooker and Mr Frazier 

A Bill for erecting part of the Counties of Halifax and Tja'rel into 
one distinct County and Parish, and for othei* purposes therein men- 
tioned. 

Received from the Assembly bj' Mr Robinson and Mr M°Ree 

A Bill for establishing a Town on the Land of Isaac Jones lying 
on the North West branch of Cape Fear River in Bladen County 

On motion read the second time amended and passed. 

Received from the Assembly by Mr Person and Mr Evans. 

A Bill to prevent obstructing the passage of Fish in the Rivers 
and Creeks therein mentioned 

On motion read the first time and passed 

Received from the Assembly by Mr Starkey and Mr Hunter, 

A Bill for erecting a public gaol and gaolers House in the Town 
of Wilmington for the district of Wilmington. 

Then tlie House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning 6'" February 1773. 
The House met according to adjournment 



COLONIAL RECORDS. 3S9 



Present 

r James Hasell Alexander IVPCulloch ^ 

n,, -TT ,1 John Rutlierford William Dry t^ 

TheHonble- t • t-, t> . o i cu i • i r Lsquires 

Lewis DeRosset .Samuel btrudwiek ^ 

l^John Sampson Maftin Howard j 

Received from the Assembly by Mr Lanier and Mr. Kimbrough 

A Bill to amend An Act for appointing Commissioners to build a 
prison, pillory and stocks on the lot whereon the Court House now 
stands in Duplin County. 

On motion read the third time and passed 

Ordered to be engrossed. 

And A Bill for annexing the North part of Rowan to the Countj' 
of Surry and the further establishing and erecting the Parish of 
Dobbs into a separate and distinct Parish. 

Received from the Assembly by Mr Davidson and Mr Rutherford 

A Bill to exonerate John Tagart and Francis Adams, late Sheriffs 
of Tryon County from being chargable with the collection of taxes 
taken into South Carolina 

On motion read the second time and passed 

Received from the Assembly by Mr Person and Mr Lewis the fol- 
lowing Hills, viz'. 

A Bill to prevent burning the woods at unseasonable times of the 
year in the several Counties therein mentioned. 

On motion read the first time and passed 

A Bill for the relief of insolvent Debtors with respect to the im- 
prisonment of their persons. 

On motion read the first time and passed 

And a Bill to encourage the destroying vermin in the several 
Counties therein mentioned 

On motion read the first time and passed 

The House adjourned till 10 "Clock on Monday Morning. 

Monday ^Morning S* February 1773. 
The House met according to adjournment 
Present 
r James Hasell William Dry ^^ 

I John Rutherford Samuel Strudwick | 

The Honble ■{ Lewis DeRosset ]Martin Howard J- Esquires 

I John Sampson and I 

I^Alex' McCuUoch Samuel Cornell J 

Received from the Assembly by Mr W Person an 1 Mr Hatch 



590 COLONIAL RECORDS. 



A Bill to exonerate John Tagart and Frauds Adams late Sheriffs 
of Tiyon County from being chargeable with the collection of Taxes 
taken into South Carolina. 

On motion read the third time and passed. 

Ordered to. be engrossed. 

And a Bill for the more effectual punishment of Counterfeiters of 
the Public Debenture Bills of Credit of this Colony and Coin. 

On motion the Bill for erecting a public gaol and gaolers House 
in the Town of Wilmington for the District of Wilmington was 
read the second time and passed. 

Received from the Assembly by Mr Martin and Mr M°Xair 

A Bill for the relief of persons who have or may suffer by their 
deeds and mesne conveyances not being proved and registered within 
the time heretofore appointed by Law. 

On motion read the second time and passed. 

Received from the Assembly by Mr Neale and Mr Shepard 

A Bill to regulate the attendance of the minister of Christ Church 
Parish at the Parish Church in the Town of New Bern and at the 
several Chapels within the said Parish. 

On motion read the first time and pa.ssed. 

Received from the Assembly by Mr Macknight and Mr Kenan 
the following Message and Resolve, Viz' 

Gentlemen of His Majestys Honble Council, 

We herewith send you a Resolve of this House directing the 
Treasurers to pay immediately to the Hon"° Samuel Cornell the 
sum of Eight thousand one hundred and two ^jounds ten shillings 
proclamation money for the principal, together with the interest on 
the sterling money (fee" and desire your Honors Concurrence thereto. 

.JOHN HARVEY, Speaker 

In the Assembly S"' Fel/ 1773. 

By order .James Gree.v J' Clk. 

Whereas the sum of seven thousand sQven hundred and sixteen 
pounds thirteen shillings and four pence proclamation money was 
borrowed from the Hon"' Samuel Cornell Esquire bearing an Interest 
of eight per cent in consequence of an Act of Assembly for building 
the edifice and warrants given by the Governor on the Treasury for 
four thousand six hundred and thirty pounds sterling. Exchange 
being then settled at one hundred and sixty six pounds tliirteen 



COLONIAL RECORDS. 391 



shillings and fuur pence proclamation money for one hundred 
pounds sterling. 

Resolved that the Public Treasurers be directed to pay imme- 
diately to the said Samuel Coi'nell the sum of eight thousand one 
hundred and two pounds ten shillings proclamation money for the 
principal together with the Interest due on the sterling money, 
exchange being now rated at one hundred and seventy five pounds 
proclamation money for one hundred pounds sterling 

JOHN HAR^'EY Speaker 

In the Assembly S* Fel/ 1773. 

By order James Green Jr Clk. 

In the upper House S"" Feby 1773. Concurred with. 

JA^ HASELL, P. C. 

Received from the Assembly by Mr Person and jMr Ward 

A Bill to prevent burning the Woods at unseasonable times of 
the year in the several Counties therein mentioned 

On motion read the second time and passed. 

Received from the Assembly by Mr M°Ree and Mr Robeson 

A Bill for establishing a Town on the Laud of Isaac Jones lying 
on the North West branch of Cape Fear River in Bladen County. 

On motion read the third time and passed. Ordered to be 
engrossed. 

The House adjourned till 10 "Clock tomorrow morning. 

Tuesdaj' Morning O"" February 1773. 
The House met according to adjournment. 
Present, 
f James Hasell William Drv ^ 

I John Rutherford Samuel Strudwick | 

TheHonble-J Lewis DeRosset Martin Howard j-Escjuires. 

I John Sampson and | 

(^ Alexander M°Culloch Samuel Cornell J 

Received from the Assembly by Mr Alston and j\Ir Gray, the 
following Message and Resolve Viz' 

Gextlemex of His Majestys Hon'''" Council. 

We herewith send you a Resolve of this House for allowing James 
Ransom juu' who was by this House appointed Sergeant at Arms, 
the sum of ten pounds for his own and four others, their expence 



392 COLONIAL RECORDS. 



and trouble in encleavonring to apprehend Philip Alston who was 
suspected of counterfeiting the Debenture Bills of this Province, and 
desire your Honors concurrence thereto. 

JOHN HARVEY Speaker. 

In the Assembly S"" Feb'' 1773. 

By order .James Green Jun' Clk. 

Resolved that James Ransom junior who was by this House 
appointed Sergeant at Arms be allowed the sum of ten pounds for 
his own and four others, their expences and trouble in endeavour- 
ing to apprehend Philip Alston gunsmith who was suspected of 
counterfeiting the Debenture Bills of this Province, and that the 
Treasurers or either of them pay the same and be allowed in their 
accounts with the Public. 

JOHN HARVEY Speaker. 

By order James Green Jun' Clk. 

In the upper House 9* Feb^ 1773, Concurred with. 

JAS HASELL P. C. 

Received from the Assembly by Mr Blackman and Mr Wynn 
jun'. 

A bill to prevent making hedges across great Contentnea Creek. 

Received frOm the Assembly by Mr Harvey and Mr Evans, 

An additional Bill to an Act intituled an Act for establishing a 
school house in the Town of New Bern. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Jarvis and Mr Picket, 

A Bill to continue an Act intituled an Act to direct Sheriffs in 
levying executions and the disposal of Lands goods and chatties 
taken thereon. 

On motion read the second time and passed. 

Received from the Assembly by Mr Davis and Mr F Campbell, 

A Bill for erecting a public gaol and gaolers house in the town of 
Wilmington for the district of Wilmington. 

On motion the Bill for annexing the North part of Rowan to the 
County of Surry and the further establishiug and erecting the Parish 
of Dobbs into a separate and distinct Parish was read the second 
time and passed. 



COLONIAL RECORDS. 393 



On motion The Bill for erecting part of the Counties of Halifax 
and Tyrell into one distinct County and Parish and for other pur- 
poses therein mentioned ^vas read the second time amended and 
passed. 

Received from the Assembly by Mr Kimbrough and Mr Starkey. 

A Bill to encourage the destroying of vermin in the several 
Counties therein mentioned 

On motion read the second time and passed. 

On motion Ordered the following Message be sent to the Assembly 
Viz' 

Mr Speaker and Gentlemen of the Assembly, 

On reading the third time the Bill for erecting a public gaol 
and gaolers house in the To^vn of Wilmington for the district of 
Wilmington ,*\Ve observe that the materials to be used therein are 
left to the election of the Commissioners, instead of -n-hich We pro- 
pose that they should be confined to build with brick or stone, to 
which amendment if you agree j'ou will send such of yovir ilembers 
as 3'ou think jiroper to see the same inserted 

Then the Llouse adjourned till 10 "Clock tomorrow morning. 

Wednesday JNIorning 10"' February 1773. 
The House met according to adjournment 
Present 
f James Hasell William Dry ^ 

John Rutherford Samuel Strudwick | 

The Honble -' Lewis D'Rosset Martin Howard )■ Escj^'s 

I John Sampson and 

1^ Alexander M'C'uUoch Samuel Cornell J 

Received from the Assembly by Mr B. Harvey and Mv Williams 
A Bill directing the Boundary line between the Counties of Per- 
quimans and Chowan and appointing Commissioners to see the same 
run. 

On motion read the second time and passed. 
Received from the Assembly by Mr W. Ormond and 'Sir M'Culloch, 
A Bill for dividing the Province into several districts and for 
establishing a Superior Court of Justice in each of the said districts, 
and for establishing Inferior Courts of Pleas and Quarter Sessions 
in the several Counties in this Province; and regulating the pro- 
ceedings therein — 

On motion read the first time amended and passo'l. 



394 COLONIAL RECORDS. 



On motion, The Bill to dissolve the A'estry of fnitj' Parish in 
Guilford County and repeal an Act therein mentioned, Was read the 
second time amended and passed. 

Received from tlie Assembly by Mr Lane and Mr Neale 

A Bill for appointing Public Treasurers and directing their dut}' 
in Offices. 

On motion, The Bill to prevent making hedges across great Con- 
tentnea C'reek, was read the first time and passed. 

Received from the Assembty by Mr Hewes and Mr Harnett 

An additional Bill to an Act -for erecting a Court House and 
Prison for the use of the district of Edenton 

On motion read the first time and passed. 

Received from the Assembly by Mr Hewes and Mr. Harnett, the 
following Message, A"iz'. ^ 

Gentlemen oe His Majesty's Council, 

In answer to your Message regarding the Bill for erecting a pul^lic 
gaol and gaolers house in the Town of Wilmington, 

This House agree to the amendment by you proposed and send 
Mr Harnett and Mr Hewes to see the same inserted in the Bill 

.JOHN HARVEY Speaker 

In the Assembly 9'" Fel/, 1773. 

By order. James Gkeen J' Clk. 

The amendment proposed was inserted in the Bill for erecting a 
public gaol and gaolers house in the Town of Wilmington in jires- 
ence of the Members sent for that purpose. 

Then the said Bill was put, and passed the third time with the 
amendment Ordered to be engrossed. 

The House adjourned till 10 "Clock tomorrow morning. 

Thursday Morning 11"' Feljruary 1773. 
The House met according to adjournment. 
Present 
f James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick | 

The Honble { Lewis DeRosset Martin Howard ]- Esquires 

I John Sampson and | 

l^Alex'M'CuUoch Samuel Cornell j 

Received from the Assembly by Mr Respess and Mr R. Ormond, 
A Bill for granting a bounty on the exportation of Pot and Pearl 
Ash 



COLONIAL RECORDS. 305 



On motion read the first time and jiassed 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday, Morning 12'" February 177o. 
The Hou.se met according to adjournment. 
Present, 
r James Hasell Alexander M'Culloch ^ 

rp, Tj 11 John Rutherford Samuel Strudwick -r> 

ihel-ionble- j ■ t\ i-> i nr i- u- i c • Lsqun-es 

I Lewis DeliOisset JNIartm Howard ix. \ '- 

[^ John Sampson Samuel Cornell J 

Received from the Assembly b}' Mr Gray and Mr Lane the fol- 
lowing Bills, viz' 

A Bill for dividing the province into six several districts and- for 
establishing a Superior Court of Justice in each of the said Districts, 
and for establishing Inferior Courts of Pleas and Quarter Sessions 
in the Several Counties in this Province and regulating the pro- 
ceedings therein. 

A Bill to prevent the wilful and malicious killing of Slaves. 

On motion read the second time amended and passed. 

A Bill to prevent the crime of horse stealing. 

On- motion read the second time and passed. 

And a Bill to amend an Act to prevent stealing Cattle and 
hoggs and altering and defacing marks and brands and mismarking 
and misbranding horses, cattle and hoggs unmarked and unbranded. 

On motion read the first time and rejected. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning IS'" Feljruary 1773. 
The House met according to adjournment. 
Present 
f James Hasell William Dry ") 

1 John Rutherford Samuel Strudwick | 

The Honble! LewLs DeRosset Martin Howard [Esquires 

I John Sampson and | 

1^ Alexander M'CuUoch Samuel Cornell j 

Received from the Assembly l)y Mr AV. C)rmond and Mr Evans 
the following Bills Viz' 

A Bill to prevent making hedges across great Contentnea Creek. 

A Bill for granting a Bounty on the exportation of Pot and Pearl 
Ash. 

On motion read the second time amended ifc passed. 



396 COLONIAL RECORDS. 



Received from tlie Assembly by Jlr Lfinier and Mr Montgomery 

A Bill for preventing persons who by devise or otherwise are 
invested with a life estate in any slave, or slaves or other goods and 
chattels from doing injury to the person or i:iei'sons in reversion. 

On motion read the first time and passed. 

Received from the Assembly h\ Mr Martin and ^Ir Kimbrough, 
the following Bills, Viz' 

A Bill to regulate the attendance of the Minister of Christ Church 
Parish at the Parish Church in the Town of New Bern and at the 
s,everal Chapels in the said Parish., 

On motion read the second time and passed 

A Bill to dissolve the Vestry of Unity Parish in Guilford County. 

On motion read -the third time and passed. Ordered to be 
engrossed. 

A Bill directing the punishment of those persons who shall forge 
or counterfeit the gold and silver coin circulating in this Province 
and of those who shall utter the same, or any false or counterfeit 
debenture Bills in similitude of those emitted in the years 1768 and 
1771. 

On motion read the first time and passed 

Received from the Assembly by ilr Simpson and Mr Thompson. 

A Bill for the relief of insolvent debtors with respect to the 
imprisonment of their persons, 

And a Bill for laying out a Public Road from Dann River 
through the Counties of Guilford, Chatham and Cumberland to 
Campbelton 

Received from the Assembly by j\Ir ^^'hite and Mr Brooks 

A Bill for the relief of persons who have or may suffer by their 
deeds and mesne conveyances not being proved and registered 
within the time heretofore appointed by Law 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assemblj- by ilr Simpson and Mr Thompson 

A Bill for allowing a salary to the Speaker of the House of 
Assembly. 

On motion read the first time and passed. 

Received from the Assembly by Mr Davison and Mr Rutherford 

A Bill for establishing the Court Plouse in the Town of Charlotte 
in Mecklenburg County and other purposes 

On motion read the first time and passed. 



COLONIAL RECORDS. 307 



Received I'rom the Assembly by Mr B. Harvey and Mr Williams 
A Bill for regulating the Town of Hertford and other puri^oses. 
And a Bill for amiexing the North part of Rowan to the County 

of Surry and the further establishing and erecting the Parish of 

Dobbs into a separate and distinct parish 

Received from the Assembly by Mr Starkey and Mr Hunter, 

A Bill to continue an Act to prevent hunting for and killing deer 

in the manner therein mentioned. 

Received from the Assembly by Mr Alston and Mr M'CuUoh, ♦ 
A Bill to amend the staple of tobacco and prevent frauds in His 

Majesty's Customs 

Received from the Assembly by Mr Jarvis and Mr S. Smith 

A Bill to continue an Act intituled an Act to direct Sheriffs in 

levjdng executions and the disposal of lands, goods and chatties 

taken thereon. 

Received from the Assemljly by INIr Person and Mr Ward, 

A Bill to encourage the destroying vermin in the several Counties 

therein mentioned. 

Received from the Assembly by Mr Resspess and Mr W. Orraond 

the following Message and Resolve viz' 

Gextlemex op His Majestys Honble Council, 

We herewith send you a Resolve of this House for allowing 
Elizabeth Strange widow of John Strange whose husband was 
wounded in the late expedition against the Insurgents and since 
drowned, the sum of fifteen pounds and desire your Honors Con- 
currence thereto. .JOHN HARVEY, Speaker. 

In the Assembly IS"" February 1773. 

Resolved that Elizabeth Strange who.se husband was wounded in 
the late expedition against the Insurgents and since drowned be 
allowed the sum of fifteen pounds and that the Treasurers or either 
of them pay her the same and be allowed in their accounts with the 
public. ' JOHN HAR\'EY, Speaker. 

By order James Green, Jr, Clk. 

Received from the Assembly by Col° Howe and Col° Davis the 
following Message and Resolve "\'iz'. 

Gentlemen of His Majesty's Honble Council 

We herewith send you a Resolve of this House for continuing the 
Garrison of Fort Johnston twelve months and from thence to the 



COLONIAL RECORDS. 



end of next session of the Assembl}^, and desire your Honors Con- 
currence thereto. 

•JOHN HARVEY Speaker. 
In the Assembly 8"" Fel)ruary 1773. 

Resolved that the present establishment in the Garrison of Fort 
.Johnston be continued in His Majestys service twelve months, and 
from thence to the end of the next Session of Assembly. 

JOHN HARVEY Speaker 

By order .James Green Jr Clk 

Received from the Assembly by j\Ir Thompson and Mr Shepard 
A Bill to restrain the Fishery for a certain season in each year in 
the several places therein mentioned 

The House adjourned till 10 "Clock on Monday Morning. 

Monday Morning lo"" February 1773. 
The House met according to adjournment, 
Present 
f James Hasell William Dry "^ 

I John Rutherford Samuel Strudwick | 
The Honble J Lewis DeRosset Martin Howard j Esquires 

I John Sampson and 

l^ Alex' McCulloch Samuel Cornell j 
Received from the Assembly by Mr Simpson and ]Mr Benbury the 
following Bills, Viz 

An additional Bill to an Act for erecting a Court House and 
Prison for the use of the district of Edenton 
On motion read the first time and passed. 

A Bill to amend an Act for encouraging the building of Public 
Mills and directing the duty of millers. 

On motion read the first time amended and passed. 
A Bill to prevent the wilful and malicious killing of slaves 
On motion read the tliird time and passed. Ordered to be 
engrossed. 

An additional Bill to an Act intituled an Act to prevent the ex- 
jiortation of unmerchantable Commodities 
On motion read the first time and passed 

A Bill to establish a public ferry across the Yadkin River at the 
Plantation of -James Smith. 



COLONIAL RECORDS. 399 



A Bill to prevent the crime of horse stealing. * 

On motion read the thinl time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr B Harvey and Mr M'CuUoh, 

A Bill to continue an Act intituled an Act for appointing an Agent 
to solicit the Affairs of this Province at the several Boards in Eng- 
land. 

On motion read the first time and passed. 

Received from the Assembly bj' Mr Thos Person and Mr M°Nair, 

A Bill to prevent burning the woods at unseasonable times of the 
year in the several Counties»therein mentioned. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Benbur}' and Mr Oldham, 

A Bill to impower the executors of John M°Kildo late Sheriff of 
Tyrell to collect the Arrears of Taxes due for the said County in the 
years therein mentioned. 

Received from the Assemldy by ^Ir Lane and Mr R. Ormond, 

A Bill for g^'anting a Bounty on the exportation of Pot and Pearl 
Ash. 

On motion read the third time and passed. Ordereil to be 
engrossed. 

On motion Ordered the following Bills to be read viz' 

A Bill for dividing the Province into six several districts and for 
establishing a superior Court of Justice in each of the said districts, 
and for establishing Inferior Courts of Pleas and Quarter Sessions in 
the several Counties in this Province and regulating the proceedings 
therein. Read the second time amended and passed. 

A bill to continue an Act intituled an xVct to preyent hunting for 
and killing Deer in the manner therein mentioned. Read the first 
time and passed. . 

A Bill for laying out a public road from Dann River through the 
Counties of Guilford Chatham and Cumberland to Campbelton. 
Read the first time and passed. 

A Bill for regulating the Town of Hertford and other purposes. 
Read the first time and passed. 

A Bill directing the punishment of those persons who shall forge 
or counterfeit the gold and silver coins circulating in this Province 
and of those who shall utter the same, or any false or counterfeit 



400 COLONIAL RECORDS. 



debenture bills in similitude of those emitted in the years 1768 and 
1771. Read the second time and passed. 

A Bill for the relief of Insolvent debtors with resjpect to the 
imprisonment of their persons. • Read the second time amended 
and passed. 

A Bill for establishing the Court House in the Town of Char- 
lotte in Mecklenburg County and other purposes. Read the second 
time and passed. 

A Bill to restrain the Fishery for a certain Season in each year in 
the several places therein mentioned. Read the second time and 
passed. ♦ 

A Bill to prevent making hedges across great Contentnea Creek. 
Read the second time and j^assed. 

A Bill for annexing the North part of Rowan to the Count}- of 
Surry and the further establishing and erecting the Parish of Dobbs 
into a separate and distinct Parish. Read the third time and 
jjassed. Ordered to be engrossed. 

A Bill to encourage the destroying of vermin in the several Counties 
therein mentioned. Read the third time and passed. Ordered to 
be engrossed. 

And a Bill to continue An Act intituled " An Act to direct Sher- 
iffs in levying executions and the disposal of lands, goods and 
chattels taken thereon." Read the third time and passed. Ordered 
to be engrossed. 

On motion this House Concurred with the Resolve of the Assem- 
blj' for allowing Elizabeth Sti'ange whose husband was wounded in 
the late expedition against the Insurgents and since drowned, the 
sum of fifteen pounds. 

On motion this House Concurred with the Resolve of the Assem- 
bly for continuing the present Establishment of Fort Johnston. 

Received from the Assembly by Mr Lane and' Mr R. Ormond 

A Bill for building a Bridge over Tulls Creek and repairing the 
causeway thereunto adjoining. 

The House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning 16"" February 1773. 
The House met according to adjournment. 

Present as laefore. 
The House adjourned till 10 "Clock tomorrow morning. 



COLONIAL RECORDS. 401 



\\'ednesday Morning 17"" February 1773. 
The House met according to adjournment. 
Present 
.James Hasell Alexander jMcCullocli ^ 



rp, TT 111 Jolm Rutherford William Dry ! -p rs 

I Lewis DeRos:^et Samuel Strudwick f " ^ 
1^ John Sampson Samuel Cornell J 

Received from the Assemljly by Mr B. Harvey and Mr Williams 
A Bill for regulating the Town of Hertford and other purposes. 
On motion read the second time amended and passed. 
Received from the Assenibly by Mr Neale and Mr Coor 
A Bill to regulate the attendance of the Minister of Christ Church 
Parish at the Parish Church in the Town of New Bern and at the 
several Chapels in the same Parish. 

On motion read the third time and passed. Ordered to be 
engi'ossed. 

And an Additional Bill to an Act intituled, an Act for amending 
an Act intituled an Act for the better regulation of the Town of New 
Bern and for securing the Titles of Persons , who hold lots in the 
said Town. 

On motion read the first time and passed. 
Received from the Assembly by Mr Rutherford and Mr Davis 
A Bill establishing the Court House in the Town of Charlotte in 
Mecklenburg County 'and other purposes. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from tlie .\.ssembh' by Mr Montgomery and Mr Davison 
A Bill to amend an Act intituled an Act for the Regulation of the 
Town of Salisbury, securing the inhabitants in their possessions and 
to encourage the settlement of the said Town. 

Received from the Assembly by Mr Nash and Mr Hines 
A Bill directing the punishment of those persons who shall coun- 
terfeit the gold and silver coin circulating in this Province and of 
those who may utter the same or any false or counterfeit debenture 
Bills in similitude of those emitted in the year 1768 and 1771. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assemblj' by Mr Stewart and Mr Frazier 

A Bill for erecting part of the Counties of Halifax and Tyrell 

VOL. IX — 26 



402 COLONIAL RECORDS. 



into one distinct County and Parish and other purposes therein 
mentioned. 

Received from the Assembly by Mr Blackman and Mr Coor 

A Bill to prevent making hedges across great Contentnea Creek, 
Little River of P. D. Rocky River and Uahra River. 

On motion read the third time and passed. Ordered to be 
engrossed. 

On motion Ordered the following Bills be read Viz' 

The Bill to amend the staple of tobacco and prevent frauds in 
His Majesty's Customs. Read the first time and passed, 

The Bill to impower the Executors of John M°Kildo late Sheriff 
of Tyrell to collect the arrears of Taxes due for the said County in 
the years therein mentioned. Read the first time and passed. 

The Bill for building a bridge over Tulls Creek and repairing the 
causeway thereunto adjoining. Read the first time and passed. 

And the Bill for appointing Public Treasurers and directing their 
duty in ofhce. Read the first time and passed. 

Received from the Assembly by Mr Coor and Mr R Ornioud 

An additional Bill to an Act intituled an Act to prevent the expor- 
tation of unmerchantable commodities. 

Then the House adjourned till tomorrow morning 10 "Clock. 

Thursday' Morning IS"" February 1773. 
The House met according to adjournment. 
Present 
f James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick | 

The Honble { Lewis DeRosset Martin Howard } Esqr's 

I John Sampson and | 

1^ Alex' M'Culloch Samuel Cornell J 

Received from the Assembly by Mr Gray and Mr W. Ormond the 
following Bills Viz' 

A Bill for laying out and establishing a Public Road from Char- 
lotte Town in Mecklenburg County to Bladen Court House. 

On motion, read the first time and passed. 

A Bill for repairing or rebuilding the gaol for the district of 
Halifax in the Town of Halifax. 

On motion read the first time and passed. 

And a Bill for dividing the Province into six several districts and 
for establishing a Superior Court of Justice in each of the said dis- 
tricts and for establishing Inferior Courts of Pleas and Quarter 



COLONIAL RECORDS. i03 



Sessions in the several Counties in this Province and for regulating 
the proceedings therein. 

Received from the Assembly l^y Mr Robeson and Mr Lane, the 
following Bills Viz' 

A Bill to impower the Liferior Courts of the several Counties 
within this Province to lay a tax to defray the expence of their 
respective Members in attending the General Assembly. 

A Bill to amend an Act intituled an Act for the regulation of the 
sevei'al officers fees therein mentioned and ascertaining the method 
of paying the same. 

A Bill to prevent hunting with a gun in the night by fire light — 

And, A Bill for Building a Court House prison and stocks at 
Slades Creek in Hyde County and removing the Court House from 
Woodstock thereto. 

On motion the above four Bills were read the first time and passed . 

On motion The Additional Bill to an Act intituled an Act to pre- 
vent the exportation of unmerchantable commodities was read the 
second time and rejected 

Received from the Assembly by Mr T Person and Mr Coor, the 
following Message, A^'iz' 

Gentlemen of his Majestys Hoxble Council, 

The Chairman of the Committee of Public Accounts having 
reported that the Southern Treasurer hath paid into the Committee 
on Account of the sinking fund seven thousand four hundred and 
forty eight pounds eighteen shillings and two pence, And the Treas- 
urer of the Northern district the sum of three thousand and sixty 
five pounds and five pence on the same fund — • 

This House have appointed a Committee of the whole House to 
see the said sums amounting in the whole to ten thousand five hun- 
dred and thii'teen pounds eighteen shillings and seven pence, burnt 
at the house of Thomas Sitgreaves in New Bern at one "Clock this 
afternoon in conjunction with such of your Honors as you shall 
think fit to appoint. JOHN HARVEY, Speaker 

In the Assembly 18'" February 1773. 

By order James Green Jr., Clk. 

On motion ordered, the following message be sent to the Assembly, 



404 COLONIAL RECORDS. 



Me. Speaker and Gentlemen of the Assembly, 

This House have aj^pointed the Hon**'' John Rutherford and 
William Drj^ Esquires a Committee of this House to join j'our Com- 
mittee to see the sum of ten thousand five hundred and thirteen . 
pounds eighteen shillings and seven pence paid on the sinking fund 
burnt at the place and time you mention. 

In the upper House IS'" Feb^ 1773. 

Received from the Assembly by Mr Kimbrough and Mr Latham 

A Bill for vesting in certain persons therein named two Acres of 
Land at the Indian Town in Currituck County as Trustees for erect- 
ing a Chapel thereoii and enclosing a burying ground — 

And a Bill to regulate and ascertain the fees of the Clerks of the 
Pleas and Crown in the Superior and'Inferior Courts in this Colony, 
directing the method of paj'ing the same, and for taxing Law Suits. 

Received from the Assembly by Mr Martin and Mr Kimbrough 

A Bill for laying out a public road from Dan River through the 
counties of Guilford, Chatham and Cumberland to Campbelton, and 
for a Public Road from the Shallow ford in Surry County to join 
the same. 

And a Bill to enable tlie several Inferior Courts in this Province 
to lay a Tax to defray the expence of Negroes convicted capitallj' 
in their respective counties. 

Then the House adjourned till 10 "Clock tomorrow morning. 

Friday Morning 19* Februar}' 1773. 
The House met according to adjournment 
Present 
.John R\itherford Samuel Strudwick 



,„, TT 1,1 Lewis DeRosset Martin Howard \ -c. 
^h*^H^"bl^^-i .John Sampson and r Esqun-es 



^ Alex' M=Culloch Samuel Cornell 
On motion Ordered the following Message be sent to the Assembh' 
Viz'. 

Mr. Speaker and Gentlemen of the Assembly — 

Upon the third reading of the Bill for dividing the Province into 
six several districts &c. This House propose the following amend- 
ments. Viz'. 

That the district of Hillsborough be abolished and that a district 
at Campbellton be erected in its stead to be held on the same day 



COLONIAL RECORDS. 4Uo 



as mentioned in the Bill for Hillsborough, for the Counties of Cum- 
berland, Anson, Chatham, Guilford and Wake, and that the Counties 
of Orange and Granville be added to Halifax district, and Cumber- 
land taken out of New Hanover district 

That in all cases of original or Judicial attachments against per- 
sons residing in Europe the Court to which the same is brought shall 
continue it twelve months, and if the defendant appear plead and 
put in bail within that time, in such case his estate may be liberated 
and the Garnishee discharged 

That the Justices of the Quorum shall constitute and be the sole 
Judges of the Inferior Court of common Pleas. 

That the said Justices of the Quorum together with all the others 
named in the Commission shall constitute the Court of CTcneral and 
Quarter Sessions of the Peace. 

That two daj's in each Term be set apart by the Justices of the 
Quorum for the Trial of Pleas of the Crown and other business of 
the Quarter Session. 

That the clause relating to the Clerk of the Pleas shall run thus — 

And be it further Enacted by the authority aforesaid that the 
Clerk of the Pleas for the time being shall nominate and apjDoint 
skillful and discrete persons to serve as Clerks for the several Courts 
hereby Established and each of the said Clerks shall give Bond to 
the Justices of their respective Courts with two sufficient securities 
in the Penalty of one hundred pounds for the safe keeping the 
Records and the faithful discharge of his duty in his said office. 
Which said Bond shall be recorded and lodged in the Secretary's 
Office and in case of a breach of the condition thereof may be put 
in suit for the benefit of, and at the proper costs and charges of the 
party or parties injured and shall not become void upon the first re- 
covery. Or if Judgment be given against the said Justices, But may 
from time to time be put in suit by action of debt or Scire Facias 
until the whole penalty shall be recovered. And when any Judg- 
ment shall be obtained upon such Bond the damages assessed shall 
by Order of the Court be paid to the person or persons injured. 

And be it further Enacted by the Authority aforesaid that nothing 
herein contained shall be construed to lessen or take away the power 
of the .Justices of the said Courts over the Clerks thereof, any- 
thing herein contained to the contrary notwithstanding — 

And be it further Enacted by the authority aforesaid that the 
Clerk of the Pleas for the time being shall not accept or take any 



406 COLONIAL RECORDS. 



gratuity gift fee or reward in consideration of his aj^pointing any 
person to the Office of Clerk of the Inferior Court of Pleas and 
Quarter Sessions under pain of forfeiting five hundred pounds 
sterhng money of Great Britain to be recovered by Action of Debt 
Bill Plaint or information and to be applied one half for the benefit 
of the informer and the other half to defraj' the contingent charges 
of Government, and the person appointed shall be rendered incapa- ' 
ble of holding the said Office Provided nevertheless that the said Clerk 
of the Pleas may reserve a reasonable portion of the Profits and 
emoluments of the said office. 

If your House apjsrove of these amendments be pleased to send 
two of your Members to see that the Bill be altered and amended 
accordingly. 

In the upper House 19'" Feb^- 1773. 

By order RIGDOX BRICE 'pro Clk. 

On motion ordered the following Bills be read 

The Bill for erecting part of the Counties of Halifax and Tyrrel 
into one distinct County and Parish, and for other purposes therein 
mentioned. Read the third time and passed. Ordered to be 
Engrossed. 

The Bill to impower the Executors of John M'Kildo late Sheriff 
of Tyrell to collect the Arrears of taxes due for the said County in 
the years therein mentioned. 

The Bill for vesting in certain Persons therein named two Acres 
of Land at the Indian Town in Currituck County as Trustees for 
erecting a Chapel thereon and for enclosing a burying ground. 

And the Bill for laying out a public Road from Dan River through 
the Counties of Guilford Chatham and Cumberland to Campbelton 
and for a public road from the shallow ford in Surry County to join 
the same. Read the second time and passed. 

The Bill to enable the several Inferior Courts in this Province to 
lay a Tax to defray the Expence of negroes convicted capitally in 
their respective Counties. 

And the Bill to regulate and ascertain the Fees of the C lerks of 
the Pleas aiTd Crown in the Superior and Inferior Courts in this 
County, directing the method of paying the same, and for Taxing 
Law Suits. Read the first time and passed.' 

Then the House adjourned till 10 "Clock tomorrow morning. 



COLONIAL RECORDS. 407 



Saturday Morning 20'" Februar}- 1773. 
The House met according to adjournment. 
Present. 

(James Hasell William Dry ^ 

Lewis DeRosset Samuel Strudwiek I ^ 
Tie, AT i- Tj 1 ( Lsqun'es 

John Sampson Martm Howard '■ 

Alex' M'^Culloch Samuel Cornell J 

Received from the Assembly by Mr Resjiess and Mr Ormoud, 

A Bill to amend and continue An Act passed in the General 
Assembly of this Province at New Bern the fifth day of December 
in the Year of our Lord 1768 Intituled an Act for dividing this 
Province into six several districts and for establishing a Superior 
Court of Justice in each of the said districts and regulating the pro- 
ceedings therein and for providing adequate salaries for the Chief 
Justice and the Associate Justices of the said Superior Courts. 

On motion read the first time amended and passed. 

And A Bill for Building a gaol in Beaufort County. 

On motion read the first time and passed. 

Received from the Assembly by Mr B. Harvey and Mr Williams 

A Bill for allowing a salary to the Speaker of the House of 
Assembly. 

On motion read the second time and passed. 

A Bill for regulating the Town of Hertford and other purposes. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Slade and Mr McCulloh 

A Bill to alter the method of working upon the puWic roads in 
the County of New Hanover. 

On motion read the first time and passed. 

Received from the Assembly by Mr Caswell and Mr Gray 

A Bill to prevent malignant and infectious distempers being spread 
by shiping importing distempered persons into this Province 

On motion read the first time and jiassed. 

Received from the Assembly by Mr Hewes and Mr Macknight the 
following Message and Resolve, Viz' 

Gentlemen of His Majestys Honele Council, 

This Hou.se send you a Resolve thereof for allowing Hunt and 
Brj-an ninety six pounds four shilling and four pence, Robert Lanier 
the sum of fifty eight pounds eight shillings and eight p)ence, and 



408 COLONIAL RECORDS. 



William Few tlie sum of thirty seven ponuds ten shillings for 
expeuces incurred in the late expedition and desire your Honors 
concurrence thereto. JOHN HARVEY Speaker 

In the Assembly 18* February 1773. 

Resolved, That Hunt and Bryan for corn, wheat and stears be 
allowed the sum of ninetj^ six pounds four shillings and four pence, 
Robert Lanier for flour wheat and stears fifty eight pounds eight 
shillings and eight pence, William Few for a field of wheat, barley 
and oats thirty seven pounds ten shillings it being for so much fur- 
nished the Troops on the late Expedition against the Insurgents. 

.JOHN HARVEY Speaker 

By order James Greex Jr., Clk. 

In the upper House 20"" February 1773. Concurred with and 
sent back. ' JAS HASELL, P. C. 

Received from the Assembly by Mr Hatch and Mr Coor 

A Bill to impower the Commissioners therein named to build a 
bridge over Trent River on the main Road leading from New Bern 
to Wilmington. 

On motion read the first time and passed. 

And A Bill to prevent hunting with a gun in the night by fire- 
light. 

On motion read the second time amended & passed. 

Received from the Assembly by Mr Kenan and Mr Starkey 

A Bill for rendering the navigation of Trent River more useful 
and advantageous 

On motion read the first time and passed. 

Received from the Assembly by Mr Hewes and Mr Macknight 
the following Message and Resolve, Viz' 

Gentlemen of His Majesty's Honble Council, 

We herewith send you a Resolve of this House for allowing Rob- 
ert Sinclear and Daniel Stiles or such j-iersons as they have or may 
impower to receive the same the sum of three hundred and 
eighty seven out of the sinking fund, and desire your Honors Con- 
currence thereto. ' JOHN HARVEY Speaker. 

In the Assemblv 18'" February 1773. 



COLONIAL RECORDS. 409 



Mr Hewes presented a claim whereby it appears to this House by 
the testimonj' of indifferent and disinterested persons that three 
hundred and eighty seven pounds Proclamation Bill Money of this 
Province the property of Robert Sinclear and Daniel Stiles of New 
York Merchants was lost and destroyed on board the sloop Jeaivj 
James Thomas Master at Ocacock Bar in a violent gale of wind on 
the first day of September last when the said vessel was cast away 
and entirel}^ lost and most of the seamen and Mariners drowned. 

Resolved that the Treasurers or either of them pay to the said 
Robert Sinclear and Daniel Stiles or such persons as they have or 
may impower to receive the same the sum of three hundred and 
eighty seven pounds out of the sinking fund and be allowed in 
their accounts with the Public. 

JOHN HARVEY Speaker.- 

By order Jas Gkeex, Jr., Clk. 

In the upper Plouse 20"" Feb^ 1773. 

Concurred with and sent back. 

JAS HASELL, P. C. 

Received from the Assembly by Mr Robeson and Mr M'^Ree, 

A Bill for laying out and establishing a public road from Char- 
lotte Town in jNIecklenburg County to Bladen Court House. 

On motion read the second time and passed. 

Received from the Assembly by Mr Campbell and Mr Robeson, 

A Bill to repeal part of an Act therein mentioned. 

On motion read the first time and passed. 

Received from the Assembly bj' Mr Benbury and Mr. B. Harvey. 

A Bill directing the boundary line between the Counties of Per- 
quimans and Chowan and appointing commissioners to see the same 
run. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by ]Mr Rutherford and Mr Person, 

A Bill to continue an Act for the more speedy recovery of all debts 
and demands under five pounds proc money within this Province. 

Received from^he Assemldj- by Mr Williamson and Mr Jarvis 
the following Bills, Viz'. 

A Bill to empower the Executors of John M'Kildo late Sheriff of 
Tyrell to collect the arrears of Taxes due for the said County in the 
vears therein mentioned. 



410 COLONIAL RECORDS. 



Ou motion read the third time and passed. Ordered to be 
engrossed. 

An Additional Bill to an Act for erecting a Court House and 
Prison for the use of the district of Edenton. 

On motion read the third time and passed. Ordered to be 
engrossed. 

A Bill for vesting in certain persons therein named two Acre.s of 
Land at the Indian Town in Currituck County as Trustees for erect- 
ing a chapel thereon and for euclo.sing a burj-ing ground. 

And a Bill for building a bridge over Tulls Creek and repairing 
the causeway thereunto adjoining. 

Received from the Assemljly by Mr Neale and Mr Jarvis, 

A Bill to amend and continue an Act passed in the General 
Assembly of this Province at New Bern the fifth day of December 
in the year of Our Lord 1768 Intituled An Act for dividing this 
Province into six several districts and for establishing a Superior 
Court of Justice in each of the said districts and regulating the pro- 
ceedings therein And for providing adequate Salaries for the Chief 
Justice and the Associate Justices of the said Superior Courts. 

Received from the Assembly by Mr Person and Mr Haywood, 

A Bill for directing the method of appointing Jurors in all causes 
Civil and Criminal. 

Then the House adjourned till 10"Clock on Monday morning. 

Monday Morning 22'' February 1773. 
The House met according to adjournment 
Present, 
r James Hasell William Dry ^ 

John Rutherford Samuel Strydwick | 
The Honble \ Lewis DeRosset Martin Howard ;■ Esquires. 
I John Sampson and | 

t Alex. McCulloch Samuel Cornell J 

On motion ordered the following Bills be read 

The Bill to amend and continue an Act passed in the General 
Assembly of this Province at New Bern the fifth day of December 
in the year of our Lord 1768, Intituled An Act for dividing this 
Province into six several districts and for establishing a Superior 
Court of Justice in each of the said districts and regulating the 
proceedings therein, And for providing adequate salaries for the 
Chief Justice and the Associate Justices of the said Superior Courts. 
Read the second time amended an<l passed. 



COLONIAL RECORDS. 411 



^ The Bill to continue an Act for Die more speedy recovery of all 
debts and demands under five i^ounds proclamation money witliin 
this Province. Read the first time and paissed. 

The Bill for vesting in certain persons therein named two acres 
of land at the Indian Town in Currituck County as Trustees for 
erecting a Chapel thereon and for enclosing a burying ground. Read 
the second time amended and passed. 

The Bill for directing the method of appointing -Jurors in all 
causes civil and criminal. 

And the Bill for building a bridge over Tulls Creek and repairing 
the causeway thereunto adjoining. Read the second time and 
passed. 

Received from the Assembly by j\lr ]\IcCulloh and Mr Kenan 

A Bill to amend the staple of tobacco and prevent frauds in His 
Majesty's Customs. 

On motion read the second time amended and passed. 

Received from the Assembly by Mr Nash and ]Mr Evans 

A Bill to amend an Act intituled an Act for the Regulation of 
the Town of Hillsborough. 

On motion read the first time and passed. 

Received from the A.ssembly by Mr Frazier and Mr Latham 

A Bill for cutting a navigable Canal from Mattamuskeet Lake to 
the head of "Wesokin Creek in Hyde County. 

On motion read the first time and passed. 

And a Bill to amend an Act intituled an Act for settling the 
Bounds of Lands. 

On motion read the first time and passed. 

Received from the Assembly by Mr Alston and Mr M'Culloh 

A Bill for repairing or rebuilding the gaol for the district of Hal- 
ifax in the Town of Halifax. 

On motion i-ead the second time and passed. 

Received from the Assembly by Mr Davis and Mv Jas Moore. 

A Bill continuing an Act intituled " An Act to alter the 
method of working upon the roads in tlie County tlierein men- 
tioned." 

Received from the Assembly Ijy Mr M'Ree and Mr Robeson, 

A Bill for laying out and establishing a public road from Char- 
lotte Town in Mecklenburg County to Bladen Court House. 

On motion read the third time and passed. Ordered to be 
engrossed. 



412 COLONIAL RECORDS. 



Received from the Assembly by Mr Gray and Mr Benbury, the 
following Message, Viz' 

Gentlemen of His Majestys Honble Council, 

In answer to your Message of the nineteenth Instant with respect 
to the Bill for dividing the Province into six several districts &°. 
We agree that the amendment proposed by j^ou as to the attach- 
ment of effects of persons residing in Europe shall be inserted in 
the Bill, and as to every other part of your Message we cannot 
agree. With that amendment we have the fullest confidence you 
will pass the Bill upon which the peace and happiness of this Prov- 
ince essentially depends, to which if you agree, We will send two of 
our Members to see the amendment inserted in the Bill. 

.JOHN HARVEY, Speaker. 

In the Assembly 22"" Fely 1773. 

By order, .L\.mes Green, Jk, Cl'k. 

Received from the Assembly by Mr B. Harvey and Mr Thompson, 

A Bill to establish Triennial Assemblies. 

Received from the Assembly by Mr Hines and Mr W. Person, 

A Bill to establish Inferior Courts of Pleas and Quarter Sessions 
in the several Counties in this Province. 

The Committee appointed by this House the IS"" Instant, to see 
the money paid on the sinking fund burnt, Reported that the sum 
of £7448.18.2 paid by the Southern Treasurer, and the sum of 
£3065.0.5 paid by the Northern Treasurer amounting in the whole 
to ten thousand five hundred and thirteen pounds eighteen shillings 
and seven pence was burned accordingly. 

Then the House adjourned 'till 10 "Clock tomorrow morning. 

Tuesday Morning 23"^ February 1773. 
The House met according to adjournment 
Present. 

f .James Hasell Alex' McCulldch "1 

mi XT 1 1 John Rutherford William Drv t?,^>,.„ 

The Honble ■ ^ewis DeRosset Samuel Strudwick ( ^^'^'^ 



[^ John Sampson Samuel Cornell 

On motion the Bill for establishing Triennial Assemblies 
And the Bill to continue an Act intituled an Act to alter the 
method of working upon the roads in the Counties therein men- 
tioned were read the first time and passed 



COLONIAL RECORDS. 413 



Received from tlie Assembly by Mr M°Nair and Mr Martin 

A Bill to amend and continue an Act passed in the General 
Assembly of this Province at New Bern the fifth day of December 
in the year of our Lord 1768 Intituled an Act for dividing this 
Province into six several districts and for establishing a Superior 
Court of Justice in each of the said districts and regulating the pro- 
ceedings therein and for providing adequate salaries for the Chief 
Justice and the Associate Justices of the said Superior Courts. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr M'Alister and Mr Benbury 
the following Bills "\^iz' 

A Bill to continue an x\ct for the more speed}' recovery of all 
debts and demands under five pounds proclamation money within 
this Province. 

A Bill to I'epeal part of an Act therein mentioned. 

A Bill to prevent malignant and infectious distempers being 
spread by shiping importing distempered persons into this Province. 

And a Bill to prevent hunting with a gun' in the night bj- fire 
Hght. 

Received from the Assembly by Mr Montgomery and Mr M'Al- 
• ister 

A Bill to continue the Tax imposed by an Act intituled, An Act 
for building a Court House in the Town of Salisbury for the district 
of Salisbury. 

And a Bill to regulate the Borough of Campbelton and erecting 
Public buildings therein. 

Then the House adjourned till 10 "Clock on Monday Morning. 

Wednesday Morning 24"' February 1773. 
The House met according to adjournment. 

Present as before. 
Received from the Assembly by Mr Lanier and Mr ,S. Smith the 
following Message and Resolve, Viz'. 

Gextlemen of His Ma,jestys Honble Couxcil, 

We herewith send j'ou a Resolve of this House for allowing Jacob 
Mitchell the sum of eight pounds, Thomas Butner five pounds, Rob- 
ert Simonton ten pounds, Thomas Crawford three pounds six shill- 
ings and eight pence, Benjamin Milner seventeen pounds thirteen 



414 COLONIAL RECORDS 



shillings and four pence, John Oliphaut for himself and twelve men 
thirty-two pounds ten shillings, William Morrison for himself and 
ten men twenty pounds ten shillings, William Sherral for himself 
and ten men twenty-seven pounds fifteen shillings, James Lee one 
pound ten shillings, Emperor Wheeler one pound fifteen shillings, 
Abel Gower one pound six shillings and eight pence, James Samp- 
son six pounds five shillings, Ricliard Brocus ten pounds ten shill- 
ings, Ciabriel Hames two pounds fifteen sliillings, Walter Lindsay 
sixty-four pounds eighteen shillings and two pence, William Hatch 
twenty-five pounds, Samuel Paul fifteen pounds, and Moses Martin 
for himself and two mens pay and for horse hire and provisions 
twenty-two pounds three shillings and eight pence. And desire 
your Honors Concurrence thereto. 

JOHN HARVEY Speaker. 
In the Assembly 22'^ February 1773. 

Resolved that Jacob Mitchell be allowed for himself and overseer 
two waggons and horses ten da3's in the late expedition the sum of 
eight pounds, Thomas Butner for one rifle gun pressed in the service 
five pounds, Robert Simonton for one horse and bell ten pounds, 
Thomas Crawford for one saddle and bridle pressed three pounds 
six shillings and eight pence, Benjamin Milner for his services on 
the expedition seventeen pounds thirteen shillings and four pence, 
John Oliphant for himself and twelve men on an exjiedition to 
Silver Creek and the Quakers Medows and the three Creeks by Order 
of General Waddell Thirty two pounds ten shillings, William Morri- 
son for himself and ten men on the like service twenty pounds ten 
shillings, James Lee for a gun lost in the service one pound ten 
shillings, William Sherral for himself and twelve men on an expe- 
dition twenty seven pounds fifteen shillings, Emperor Wheeler for a 
gun lost in the service one pound fifteen shillings, Abel Gower for a 
gun lost one pound six shillings and eight pence, James Sampson 
for ten days pay and expences in the late expedition six pounds five 
shillings, Richard Brocus for forty two days pay in the late expedi- 
tion ten pounds ten shillings, Gabriel Haraes for eleven days pay in 
the late expedition two pounds fifteen shillings, Walter Lindsay for 
the ballance of his account in the expedition sixty four pounds 
eighteen shillings and two pence, William Hatch for one hundred 
and eighteen days service as steward and gunner in the said expedi- ^ 
tion twenty five pounds, Samuel Paul for himself, waggon and team 



COLONIAL RECORDS. 415 



in the service fifteen pounds, Moses Martin for himself and ten mens 
jiay and for horse hire and provisions twenty two pounds three shill- 
ings and eight pence. And that the Treasurers or either of them 
pay the same and be allowed Vi-ith the Public, to which we desire 
your Honors concurrence. 

JOHN HARVEY Speaker. 

By order .Jas C4reex -Jr Clk. 

In the upper House 24"' Feb-" 1773. 

Concurred with. .JAS. HASELL, P. C. 

Received from the Assembly by Mr Martin and Mr Kimbrough, 

A Bill of Pardon and oblivion to the jaersons concerned in the 
late insurrection except such persons as are therein excepted. 

On motion rea;! the second time and passed. 

Received fi-om the Assemby by Mr Jarvis and Mr Lewis 

A Bill to amend an Act intituled an Act for regulating the several 
Officers fees therein mentioned and ascertaining the method of pay- 
ing the same. 

A Bill to regulate and ascertain the fees of the Clerks of the 
Pleas in the Superior and Inferior Courts in this Colony directing 
the method of paying the same and for taxing Law Suits. 

On motion read the second time and passed. 

Received from the Assembly by Mr Hatch and ^Ir Coor the fol- 
lowing Bills viz' 

A Bill to impower the Commissioilers therein named to Ijuild a 
bridge over Trent river on the main road leading from New Berne 
to Wilmington. 

On motion read the second time and passed 

A Bill for rendering the navigation of Trent River more useful 
and advantageous. 

On motion read the second time and passed. 

And a Bill for laj'ing out a public road from Dan River through 
the Counties of Guilford, Chatham, and Cumberland to Canijibelton 
and for a Public road from the shallow ford in Surry County to 
join the same. _ 

On motion read the third time and passed. Ordered to be 
engrossed. ' 

Received from the Assembly by Mr Hatch and Mr Evans 

An additional Bill to an Act intituled an Act for tlie better 



416 COLONIAL RECORDS. 



regulation of the Town of New Bern and for securing the Titles of 
persons who hold lots in the said Town. 

On motion read the second time amended and passed. 

Received from the Assembly by Mr T. Person and Mr Jarvis 

A Biirjfor the relief of insolvent debtors with respect to the 
imprisonment of their persons. 

Received from the Assembly by Mr M'Nair and Mr Stewart. 

A Bill to amend the staple of tobacco and prevent frauds in His 
Majestys Customs. 

Received from the Assembly by Mr Latham and Mr Slade — 

A Bill to amend an Act intituled An Act for settling the Bounds 
of Lands. 

On motion read the second time and passed. 

On motion ordered the following Bills be read, "\"iz'. 

The Bill to prevent hunting with a gun in the night by firelight 

Read the third time and passed. Ordered to be engrossed. 

The Bill for appointing Public Treasurers and directing their duty 
in office 

Read the second time amended and passed. 

The Bill to continue an Act for the more speedy recovery of all ■ 
debts and demands under five pounds proclamation money within 
this Province, and 

The Bill to amend an Act intituled an Act for tlie regulation of 
the Town of Hillsborough. Read the second time and passed. 

The Bill to alter the method of working upon the public roads 
in the County of New Hanovet. Read the second time amended and 
passed. 

The Bill to continue the Tax imposed by an A^ct intituled an Act 
for building a Court House in the town of Salisbury for the district 
of Salisbury, And, 

The Bill to regulate the Borough of Campbelltou and erecting 
Public buildings therein. Read the first time and passed. 

And the Bill to establish a Public Ferry across Yadkin River at 
the Plantation of James Smith. Read the first time and rejected 

On motion ordered the following Message be sent to the Assembly 
viz' 

Mr SPE.iKER AND GeNTLEMEN OF THE ASSEMBLY, \ 

We agree with your Answer to our Message of the 19"" Inst upon 
the Bill for dividing the Province into six several districts i.fec. and 



COLONIAL RECORDS. 417 



we will i:iass the Bill witli that amendment only which respects at- 
tachment of persons Estates who reside in Europe. We therefore 
desire you to send two ofyour IMembers to see that amendment in- 
serted 

Upper House 24'*' Feb^ 1773. 

On motion ordered the following Jlessage be sent to the Assembly, 
Viz'. 

Mr Speaker and Gextlemex of the Assembly, 

On reading the third time the Bill to amend the staple of tobacco 
itc" We propose that the inspection he confined to tobacco exported 
to Great Britain only, and that the Bill be made consonant thereto. 

We further propose that the last clause in the Bill for preventing 
Slaves cultivating tobacco be deled, and the following clause be 
inserted instead thereof. Viz' — "And whereas many mischiefs have 
arisen by slaves cultivating large c|uantities of Tobacco — Be it 
Enacted by the authority aforesaid that no slave shall cultivate 
more than five hundred hills of Tobacco under the penalty of five 
pounds proclamation money to be recovered from the master, owner or 
overseer of such slave bj' action of debt before any Jurisdiction 
having cognizance thereof, one half to the informer and the other 
half to the use of the county where such slave shall reside." 

To which ameirdments if your House agree be pleased to send 
two of your members to see the same inserted in the Bill. 

In the upper House 24"" Fel/ 1773. 

Received from the Assembly b}' Mr Howe, Mr Harnett, Mr Cas- 
well, Mr F. Campbell, Mr jMcNair, Mr Knox, Mr Lewis, Mr Ruther- 
ford, Mr Simpson, Mr Starkey, Mr Lanier, Jlr Gray, Mr Hewes, Mr 
.Johnston, Mr Martin, Mr B. Harvey, Mr M. Jloore, Mr Davis, Mr 
McCulloh, Mr Benbury, Mr Tlio' Person, Mr Lane, Mr Wynns and 
Mr Robeson, 

A Bill to establish Triennial Assemblies. 

On motion read the second time and passed. 

Received from the Assembly by Mr Martin and Mr Lanier 

A Bill to amend an Acf passed at New Bern in the year 1771 
intituled an Act for laying out a public road from the Frontiers of 
this Province through" the counties of Mecklenburg, Anson and 
Cumberland. 

Then the House adjourned till 10 "Clock tomorrow morning. 
VQi,. IX — 27 



418 COLONIAL RECORDS. 



Thursday Moruing 25"' February 1773. 
The House met according to adjournment. 
Present 
r. James Hasell W" Dry 1 

I John Rutherford Samuel Strudwick | 
The Honble ■', Lewis DeRosset Martin Howard )■ Esquires 
I Joini Sampson and | 

l^Alex. M'Culloch Samuel Cornell J 

Received from the Assembly by Mr Locke and Mr Rutherford 

A Bill to amend and continue an Act intituled an Act for dividing 
this Province into six several districts and for establishing a Supe- 
rior Court of Justice in each of the said districts and regulating the 
proceedings therein, and for providing adequate Salaries for the 
Chief Justice and the Associate Justices of the said Superior Courts. 

On motion read the first time and passed. 

Received from the Assembly by Mr Montgomery and Mr Davison 

A Bill to amend an Act intituled " An Act for the regulation of 
the 'I'own of Salisbury securing the Inhabitants in their possessions 
and to encourage the settlement of the said Town." 

On motion read the first time and passed. 

Received from the Assembly by Mr Montgomery and Mr M'Nair 
the following Message 

Gentlemen of His Majestys Honble Council, 

In answer to your Message of this day relative to the amendments 
by you proposed to be inserted in the Bill to amend the staple of 
tobacco &°, This House cannot agree to the amendments proposed 
by you, as the first clause tends to render useless the whole Bill. 
The latter from its general expression tends to prohibit both master 
and slave from cultivating more than five hundred hills of tobacco. 

JOHN HARVEY, Speaker. 

By order. -Jas Gkeen, Jk, Clk. 

In the Assembly 24"' FeV 1771. 

Received from the Assembly by Mr Hooker and Mr Slade, 

A Bill to enable the several Inferior Courts in this Province to lay 
a tax to defray the expence of negroes convicted capitally in their 
respective Counties. 

On motion read the second time and rejected. 

A Bill to continue an Act intituled an Act to alter the method of 
working upon the roads in the County therein mentioned. 



COLONIAL RECORDS. 419 



Received from the Assembly by Mr Campbell and Mr M°Alister 

A Bill for regulating the Borough of Campbelton and erecting 
public buildings thereon. 

On motion read the second time and passed. 

Received from the Assembly by Mr Davis and Mr Robeson 

A Bill to alter the method of working upon the public roads in 
the County of New Hanover. 

On motion read the third time and passed. Ordered to be 
engrossed. 

On motion, Ordered the following Message be sent to the Assem- 
bly, Yh' 

Mr Spe.4.ker axd Gentlemen of the Assembly, 

This House continue of opinion that the benefit of the Insolvent 
Act should be extended to all those who are indebted in a less sum 
than ten pounds as well as to those indebted above that sum, and 
therefore desire, if it be agreeable to your House that you would 
send two of your Members to see those words which confine the 
benefit of the said Act to debtors above the sum of ten pounds deled. 
In the upper House 25"" February 1773. 

On motion ordered the following Bills be read. Viz' 

The Bill to amend an Act passed at New Bern in the year 1771, 
Intituled an Act for laying out a public road from the Frontiers of 
this Province through the Counties of Mecklenburg, Anson and 
Cumberland. Read the fir,st time and passed. 

The Bill for preventing Persons who by devise or otherwise are 
invested with a life estate in any slave or slaves or other goods and 
chatties from doing injury to the person oT persons in reversion. 

The Bill to prevent malignant and infectuous distempers being 
spread by shiping importing distempered persons into this Province. 

And the Bill to amend an Act intituled an Act for regulating the 
several officers fees therein mentioned and ascertaining the method 
of paying the same. Read the second time and passed. 

On Motion, Ordered the following Message be sent to the Assem- 
bly, viz' 

Mr Speaker and Gentlemen of the Assembly, 

Having received your answer to our message proj^osing amend- 
ments to the Bill to amend the staple of tobacco &c' and maturely 



420 COLONIAL EECORDS. 



' considered thereof, This House cannot recede from the first amend- 
ment proposed, as to the other they agree that it should extend only 
to slaves cultivating tobacco for their own benefit. You will therefore 
be pleased if you approve thereof to send two of your members to 
see the amendments made in the Bill. • 

In the upper House 25"' February 1773. 

Received from the Assembly by Mr Hatch and Mr Coor the fol- 
lowing Bills, viz' 

A Bill to impower the commissioners therein named to build a 
bridge over Trent River on the main road leading from New Bern 
to Wilmington. 

A Bill for building a gaol in Beaufort County. 

On motion read the second time and passed. 

And a Bill for rendering the navigation of Trent River more use- 
ful and advantageous. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Gray and Mr Simpson 

A Bill to amend and continue an Act intituled an Act for dividing 
this Province into six several districts and for establishing a Superior 
Court of Justice in each of the said districts and regulating the 
proceedings therein, and for providing adec^uate salaries for the Chief 
Ju.stice and the Associate Justices of the said Superior Courts. 

On motion read the second time amended and passed. 

On motion ordered the following message be sent to the Assembly 
Viz' 

Mr Speaker and Gentwjmen of the A.ssembly, 

Upon reading a third time the Bill for building a bridge over 
Trent River, this House are of opinion that the Commissioners 
should be impowered to get timber on the Lands convenient thereto 
for building said bridge but not for repairs of the same at all times 
thereafter. If your House concur with us in this amendment We 
desire you to send two of your members to see it inserted. 
In the upper House 25"* February 1773. 

The House adjourned till 10 "Clock tomorrow morning. 



COLONIAL RECORDS. 421 



Friday Morning 26'" February 1773. 
The House met according to adjournment 
Present 
f James Hasell William Dry 

rn, TT 11 Lewis DeRosset Samuel Strudwick i t^ 

IheHonble- t i o i\r c tr „ i ,-Lsnuires 

John Sampson Alartm Howard ^ 

1^ Alex' M°Culloch Samuel Cornell J 

Received from the Asseml:)lv by Mr Montfort and Mr Alston 

A Bill to continue " An Act for the more speedy recovery of all 
debts and demands under five pounds proclamation -within this- 
Province." 

On motion read tlie third time and passed. Ordered to be en- 
grossed. 

On motion, The Bill to repeal part of an Act therein mentioned 
Was read the second time and rejected 

Received from the Assembly by Mr Davison and Mr Montgomery 

A Bill to continue an Act intituled, " An Act for building a Court 
Heuse in the Town of Salisbury for the district of Salisbury," And 

A Bill to amend an Act intituled " An Act for the regulation of 
the Town of Salisbury, securing the Inhabitants in their possessions 
and to encourage the settlement of the said Town." 

On motion the above two Bills were read the second time and 
passed. 

On motion The Bill to continue an xVct intituled " An Act to alter 
the Method of working upon the roads in the County therein men- 
tioned" Was read the second time and passed. 

Received from the Assembly by Mr Hooper and Mr Harnett, the 
following Message A^'iz'. 

Gentlemen of His Majesty'.s Hoxble Couxcil, 

In answer to your Message of the 25"' Instant, This House agree 
that those words in the Bill for the relief of insolvent Debtors &c. 
which confine the benefit of said Act to debtors above the sum of 
ten pounds be "deled," And send Mv Hooper and Mr Harnett to see 
the same done, JOHN HARVEY Speaker 

By order. Jas Gkeex Jr Clk. 

In the Assembly 2.5"" Feb-^ 1 773. 

The amendment proposed to the " Bill for the relief of insolvent 
debtors with respect to th.e imprisonment of their persons," was 



422 COLONIAL RECORDS. 



accordingly made in presence of the Members sent for that pur- 
i:iose. 

Then the said Bill \yas put and passed the third time, Avith the 
amendment. Ordered to be engrossed. 

Received from the Assembly by Mr Neale and Mr Hatch, the fol- 
lowing Message Viz'. 

Gentlemen of Hi.s Maje.stys Honble Council, 

In answer to your Message of ye sterdaj- relative to the amend- 
ment by you proposed to be inserted in the Bill for building a 
bridge over Trent River. This House agree thereto and selid Mr 
Neale and Mr Hatch to see the proposed amendment inserted in the 
Bill. JOHN HARVEY, Speaker. 

By order Jas Green, Jk Clk. 

In the Assembly 26" Feb^ 1773. 

The amendment proposed to the Bill to impower the Commis- 
sioners therein named to build a bridge over Trent' River on the 
main road leading from New Bern to Wilmington was accordingly 
made in presence of the Members sent for that purpose. 

Then the said Bill was put and passed the third time Avith 
amendments. Ordered to be engrossed. 

Received from the Assembly by Mr Howe, Mr Harnett, Mr Cas- 
well, ]\Ir F. Campbell, Mr M'^Nair, Mr Knox, Mr Lewis, Mr Ruther- 
ford, Mr Simpson, Mr Starkey, Mr Lanier, Mr Gray, Mr Hewes, Mr 
Johnston, Mr Martin Mr B. Harvey, Mr M. Moore, Mr Davis, INIr 
M°Culloh, Mr Benbury, Mr Thos Person, Mr Lane, Mr Wynns, and 
Mr Robeson, 
. A Bill for establishing Triennial Assemblies. 

Received from the Assembly by Mr Neale and Mr Hatch 

A Bill for e.stablishiog a Public Seminary of Learning in the 
Western part of this Province and 

A Bill for cutting a navigable canal from Mattamuskeet Lake to 
the head of Wesokin Creek in Hyde County. 

Received from the Assembly by Mr Rutherford and Mr Mont- 
gomery. 

A Bill to amend an Act intituled, " An Act for the regulation of 
the Town of Salisbury securing the Inhabitants in their possessions 
and to encourage the settlement of the said Town," &q 

A Bill to continue the Tax imposed l^y an Act intituled. " An 



COLONIAL RECORDS. 423 



Act for building a Court House in tlie Town of Salisbury, for the 
district of Salisbury. 

On motion the above two Bills were read the third time and 
passed. Ordered to be engrossed. 

Received from the Assembly by Jlr Respess and Mr Evans. 

A Bill for building a gaol in Beaufort County. On motion read 
the third time and passed. Ordered lo be eugfo.ssed. ' 

Received from the Assembly by Mr Hooper and Mr Gray 

A Bill for regulating the Borough of Campbelton and erecting 
public buildings therein. 

Received from the Assembly by Mr Hooper and Mr I\Lacknight 
the following Message, viz. 

Gextlemex of His Majkstys Hoxble Council, 

In answer to your Message of this day relative to your passage 
of the Bill for dividing this Province into six several districts etc*. 
We send Mr Hooper and Mr Macknight to see the amendment by 
you proposed inserted in the Bill. 

.JOHN HAR^'EY Speaker. 

By order .J as Green' Jr Clk. 

In the Assemljly "24"' February 1773. 

On motion ordered the following Me.ssage be .sent to the Assemblj' 
viz'. 

Mr Speaker axd Gextlemex of the Assembly. 

On reading the third time " The Bill for regulating the Borough 
of Campbelton and erecting Public Buildings therein " This House 
propose the following amendments viz'. That the Court House, Gaol, 
Pillory and Stocks be and remain on the Public Lots allotted for 
that purpose in that part of the Borough heretofore called Campbel- 
ton and no where else, and that the clause in the Bill having refer- 
ence thereto be altered accordingly. And that the names of the 
Commissioners in the Bill nominated, be deled, and the following 
inserted, viz. Alexander M^Alister, Ferciuhard Campbell, Richard 
Lyon, Robert Xeilson, and Robert Cochran. To which amendments 
if your House agree, be pleased to send .some of your Members to see 
the same made. 

In the Upper House 26'" February 1773. 

The House adjourned till KfClock tomorrow morning. 



424 COLONIAL RECORDS. 



Saturday Morning ^T* February 1773. 
The House met according to adjourument. 
Present, 
f .James Hasell "William Dry . ^ 

I .John Rutherford Samuel Strudwick | 
The Honble { Lewis DeRosset Martin. Howard J-. Esquires 
I John Sampsoii and 

1^ Alex' ^IcCuUocli Samuel Cornell J 

Received from the Assembly by Mr Gray, and Mr Hines, 

A bill to establish Inferior Courts of Pleas and Quarter Sessions in 
the several Counties in this Province. 

On motion read the second time amended and passed. 

Received from the Assembly hj Mr M'CuUoh and Mr Alston, 

A Bill for repairing the Gaol for the district of Halifax in the 
Town of Halifax. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by ilr Gray and Mr Simpson, 

A Bill to amend and continue an Act intituled an Act for divid- 
ing this Province into six several districts and for establishing a 
Superior Court of Justice in each of the said distriAs and regulating 
the proceedings therein, and for providing adec|uate salaries for the 
Chief Justice and the Associate Justices of the said Superior Courts. 

Received from the Assembly by Mr Martin and Mr Kimbrough 

A Bill of Pardon and oblivion to the persons concerned in the 
late insurrection, except such persons as are therein exceijted. 

Received from the Assembly by Mr Shepard and Mr Jos. Jones, 

A Bill for preventing Persons who by devise or otherwise are 
invested with a Life Estate in any slave or slaves or other goods 
and chatties from doing injury to the jierson or j^ersons in reversion. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Kenan and Mr "\V. Person, 

A Bill to amend an Act intituled an Act for settling the bounds 
of Lands. 

On motion read the third time and passed. Ordered to be 
engrossed. 

On motion ordered the following Bills be read. 

The Bill for establishing a Public Seminary of Learning in the 
Western part of this Province. 

Read the second time amended and passed. 



COLONIAL RECORDS. 425 



And The Bill for cuttiDg a navigable Canal from Mattamuskeet 
Lake to the head of Wesokin Creek in Hyde County, 

Read the second time and passed. 

Received from the Assembly by ^Ir M'Xair and Mr Xash, 

A Bill to amend an Act intituled "An Act for the regulation of 
the Town of Hillsborough." 

On motion read the third time and passed. Ordered to be 
engrossed. 

On Motion ordered the following Message be sent to the Assembly. 
Viz' 

Mr Speaker and Gentlemen of the Assembly, 

On the third reading of the Bill of Pardon and Oblivion to the 
Persons concerned in the late Insurrectioir &c, We observe that you 
have ddcd tlie names of James Hunter, Samuel Deviney, and Nin- 
ian Bell Hamilton, As We do not agree thereto, We propose that 
those names should be sieted in the Bill ; to which amendment if 
your House agree be pleased to send two of your Members to see the 
same inserted in the Bill. 

In the upper house 27"" Februrav 1773. 

His Excellency the Governor having apipointed John Hawks Esq' 
Clerk in this House in the room of John Burgwin Esq' in full con- 
fidence that the said John Burowin had desired to resign said office 

. . . * 

and not from any disapprobation of his conduct. 

This House taking the same into consideration do Resolve that 
during ten j-ears Service as Clerk of this House the said John Bur- 
gwin hath ever acted with the strictest Integrity and Honor, and 
hath discharged all the duties of that Office with skill and abiUty. 

And it is Ordered that this Resolve be entered on the Journals of 
this House as a Testimony of their unreserved approbation of his 
conduct. 

The House adjourned till 10 "Clock on Monday morning. 

Monday Morning 1" March 1773. 
The House met according to adjournment. 
Present 
C James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick j 
The Honble ■[ Lewis DeRosset Martin Howard |E.squires 
i ,John Sampson and | 

(^ Alex' McCulloch Samuel Cornell J 



426 COLONIAL RECORDS. 



Received from the Assembly by Mr Smith and Mr Evans 

A Bill for cutting a navigable canal from Mattamuskeet Lake to 
the head of Wesokin Creek in Hyde County. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Phifer and Mr Davison 

A Bill for establishing a Public Seminary of Learning in the 
Western part of this Province. 

On motion read tlie third time and passed. Ordered to be 
engrossed. 

Received from the Assembly by Mr Montfort and Mr Caswell the 
following Message, Viz'. 

Gextlemex of His Majesty's Hoxble Council, 

In reply to your message we cannot agree to confine the inspec- 
tion of tobacco to that which shall be exijorted to Great Britain 
only, as the allowing uninspected tobacco to be cleared outwards to 
any other place will leave a door open to much fraud and abuse in 
his Majesty's customs and manifestly tend to depreciate that valua- 
ble staple. We will however agree that the following clause may 
be added to the Bill, viz' 

"And Avhereas the immediate execution of this Act may be very 
inconvenient to the persons at present concerned in shipping tobacco 
from' the Ports of Brunswick, New Bern, and Bath for want of 
proper Warehouses and Inspectors at those ports — 

Be it Enacted by the authority aforesaid, that nothing herein 
contained shall be construed to prohibit the Custom House Officers 
in any of the said Ports from Clearing out vessels with tobacco as 
usual until the first day of January next, at which time this Act 
shall take effect at tho.se ports, any tiling herein contained to the 
contrary notwithstanding." 

We agree to the other part of your message for confining Slaves 
in the cultivation of tobacco for their own use, and if you will adopt 
the above amendment we will send two members to see the Bill 
altered agreeable thereto. JOHN HARVEY Speaker 

By order James Greex J' Clk. 

In the Assembly 25"" Fely 1773. 

On motion Ordered the following Message be sent to the Asseanbly 
Viz' ■ 



COLONIAL RECORDS. 427 



Mr Speakeh and Gentlemen" of thk AssEMJiLV, 

We agree with the amendments proposed by j'ou to the " Bill to 
amend the staple of Tobacco &c, and desire you would send two of 
your Members to see the same made. 

In the upper House 1" March 1773. 

On motion ordered the following Message be sent to 'the Assemljly 
viz' 

Mr Speaker and Gentlemen of the Assembly. 

On reading the third time the Bill continuing the Act for dividing 
this Province into six several districts &c We observe you have 
deled the following Clause viz' "And be it further enacted by the 
authority aforesaid that for the future the estate of no person what- 
soever who hath never resided in this Province shall be liable to an 
attachment otherwise than according to the Laws and Statutes of 
England in like cases and that every clause and section in the 
before recited Act contrary thereto shall henceforth be Repealed." 

We apprehend this Clause is so penned as to give to the people of 
this Province every benefit enjoyed by the People of England by 
the Method of Attachments, what that Benefit is, how far itmaj' be 
extended, or how far restrained Will be left at large to the con- 
struction of the Courts of Law. 

For these reasons and because without this Clause the Province is 
likely to be without any Courts of Justice we do not consent to part 
with it. 

If your House agree to this alteration we conceive that the otlier 
clause respecting the twelve months continuance be ddcd. 

We further propose to impower the Chief Justice and his Asso- 
ciates or either of them to open the Court of Salisbury on any of 
the first six days of the next succeeding Term. 

If your House agree to these alterations be pleased to send two of 
your Members to see them made. 

In the upper House 1" March 1773. 

Received from the Assembly by Mr Thos. Person and .Mr Ruther- 
ford, 

A Bill to regulate and ascertain the Fees of the Clerks of the Pleas 
in the Supei'ior and Inferior Courts in this Colony directing the 
Methods of paying the same and for taxing Law Suits. 



428 COLONIAL RECORDS. 



Received from the Assembly by Mr Hatch and Mr Coor, 

An Additional Bill to an Act intituled An Act for amending an 
Act, intituled an Act for the better regulation of the Town of New 
Bern and for securing the Titles of persons who hold lots in the said 
Town. 

The Amendments propo.sed to "The Bill for dividing this Prov- 
ince into six several districts and for establishing a Superior Court 
of Justice in each of the said districts, And for establishing Inferior 
Courts of Pleas and Quarter Sessions in the several Counties in this 
Province and regulating the proceedings therein " Were made in 
presence of the ilembers sent for that purpose. 

Then the said Bill was put and passed the third time with amend- 
ments. Ordered to be engrossed. 

■ On motion ordered the following Message be sent to the Assembly 
Viz'. 

Mr Speaker and Gentlemen^ of the Assembly, 

On reading in this House the third time the Bill for appointing 
Public Treasurers etc. We propose the following amendments viz'. 
That John Ashe Esquire the present Southern Treasurer be con- 
tinued in office. 

Til at the several Clauses inserted by this House at the second 
reading to compel the Trea.surers to collect account for and pay the 
public Taxes be steted. 

That the several clauses at the same time by us deled, and at your 
third reading stded, be again deled. 

And that the new Clause by you added relative to the proceed- 
ings against .Sheriffs for the nonpayment of Public Taxes be also 
deled. " 

We further propose that the following clause be inserted in the 
Bill, viz'. "And be it further Enacted that in case of the death or 
departure out of this Province or other legal disability of the said 
Treasurers or either of them hereby appointed it shall and may be 
lawful for the Governor or Commander in Chief for the time being 
with the advice of His Majesty's Council to appoint and constitute 
any other person or persons in his or their place or stead to execute 
the said office until the next Session of Assembly. Such person 
appointed giving such Bond and security as herein before directed." 
To which amendments if your House agree be pleased to send two 
of 3'our members to see them inserted in the Bill. 

In the Upper House 1" March 1773. 



COLONIAL RECORDS. 429 



On motion ordered the following JNIessage be sent to the Assembly 
Viz'. 

Mr Speaker and Gentlemen of the Assembly, 

Upon the third reading of the Bill in addition to an Act for regu- 
lating the Town of New Bern We agrfee to your Amendment, and 
we propose to add the two following Paragraphs viz' — 

"And whereas .sundry idle and disorderly persons as well as slaves 
and children under age do make a practice of firing guns and pistols 
within the said Town, Be it enacted by the Authority aforesaid that 
if any such person shall for the future fire a gun or pistol within 
the said Town he shall pay a fine of ten shillings for each offence to 
be recovered as aforesaid. If the offender be under age the parent 
master or guardian shall pay the said fine, And if a slave, shall bj'- 
order of the next Maje.strate be whipped, not exceeding twenty lashes 
unless the master of such slave shall pay the said fine. 

And be it further enacted by the authority aforesaid that the Com- 
missioners of said town or a majority of them are hereby impowered 
and required to appoint two or more watch men whose duty shall 
be regulated by the Commissioners and who shall be paid out of 
the monies arising by virtue of this Act." 

To which if your House agree be pleased to send two of your 
Members to see the amendments inserted in the Bill 

In the upper House 1" March 1773. 

Received from the Assembly by Mr Robeson and Mr Brooks. 

A Bill to amend an Act passed at New Bern in the Year 1771, 
intituled an Act for laying out a public road fi-om the Frontiers of 
this Province through the Counties of Mecklenburg, Anson and 
Cumberland. 

On motion read the second time and passed. 

Received from the Assembly, the following Message, Mz', 

Gentlemen of His Majestys Honele Council, 

In reply to your Message of this day relative to the Bill to amend 
the Staple of Tobacco (fee", this House have sent ]Mr ^Nlontfort and 
Mr Nash to see the same made. 

JOHN HAR^'EY Speaker. 

By order James Green, Jr, Clk. 

In the Assemblv l"'*' March 1773. 



430 COLONIAL RECORDS. 



The amendment proposed to " The Bill to amend the staple of 
Tobacco, and prevent frauds in His Majesty's Customs" were accord- 
ingly made in the presence of the Members sent for that purpose. 

Then the said Bill was put and passed the third time with amend- 
ments. Ordered to be engrossed. 

Received from the Assembly by Mr Williamson and Mr Jarvis. 

A Bill for vesting in certain persons therein named two acres of 
Land at the Indian Town in Currituck County as Trustees for 
building a Chapel thereon and for enclosing a burying ground. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the As.sembly by Mr Hooper and Mr Macknight 
the following message, Viz' 

Gentlemen of His Ma.testys Honble Council, 

In answer to your Message relative to the Bill for regulating the 
Town of Campbelton and erecting public buildings therein, wherein 
you propose an alteration of the persons named as Commissioners, 
for laying out the said town. This house having in this respect 
nothing in contemplation but the interest of the County of Cum- 
berland do not object to the amendment, Confident that the persons 
proposed by you are men of integrity and that nothing but an inde- 
pendent view to the public good has induced you to suggest the 
alteration. With respect to the second amendment proposed by you, 
We cannot consent that the public buildings should be erected in the 
place formerly called Campbelton as it is a measure in which the 
County of Cumberland is essentially interested and a majority of 
the Inhabitants of that County have supj^licated the Legislature 
that the public buildings may be erected in the place formerly called 
Cross Creek, as by a Petition now in your House will appear, and 
the Inhabitants of that part called Cross Creek have subscribed 
largely for that purpose in order to lessen the County expence 

But if it is a measure which your House conceive will be more 
beneficial to the Public that the buildings should be erected on the 
south side of the Creek called Cross Creek, this House consent to 
such an amendment. 

.lOHN HARVEY, Speaker. 

By order, James Green, Jk, Cl'k. 

In the Assembly 1" March 1773. 



COLONIAL RECORDS. 431 



(Jn motion the Bill for the regulation of the Town of Campljolton 
and erecting Public Buildings therein, was put the third time, and 
as this House do not recede from the amendments by them pro- 
posed, the same was rejected. 

Received from the Assembly by Mr Starkey and Mr Williams, the 
following xMessage, 

Gentlemen op His Majestys Honble Council, 

The Chairman of the Committee of Public Accounts having 
rei)ortcd that the Southern Treasurer hath paid into the Committee 
five hundred and eleven pounds four shillings in old money, five 
hundred and twenty eight pounds twelve shillings and six pence in 
old debentures; and nine hundred and twenty three pounds in new 
debentures, making in the whole the sum of nineteen hundred and 
sixty two pounds sixteen shillings and six i)ence on account of the 
sinking 'Fund, this House have appointed a Committee of the 
whole House to see the said sum burnt at the house of Thomas Sit- 
greaves in New Bern at four "Clock tomorrow in the afternoon in 
conjunction with such of your Honors as you may think fit to 
appoint. 

JOHN HARVEY Speaker. 

By order James CtREEN Jun' Clk. 

In the Assembl}' 1" March 1773. 

Received from the Assembly by Mr B. Harvey and Mr Davison, 
the following Message, Viz', 

Gentlemen of His Ma.iestys Honble Council, 

In answer to your Message of this day relative to the Bill for 
ai>p«inting Public Treasurers &c^, We do not agree to the Alterations 
by you proposed, and desire your Honors to pass the Bill as it was 
sent you from this House. JOHN HARVEY, Speaker. 

By order James Green Jr Clk 

In the Assembly 1" March 1773. 

On motion ordered the following message be sent to the Assem- 
bly, viz' 

Mr Speaker and Gkntlemen of the Assembly 

Upon reading the third time the Bill to regulate and ascertain 
the Fees of the Clerks of the Pleas ifec", this House are of opinion 



432 ' COLOXIAL RECORDS. 



that the Fees as stated by the additional and explanatory Act passed 
Anno Dom. 1770, are barely equal to the services performed by the 
Clerks of the Superior and Inferior Courts, and therefore cannot 
agree to the reduction of them, which your House have made, in 
anj' one instance. If your House agree to let them stand upon the 
footing of the said recited Act please to send two of your members 
to see them made conformable thereto. 
In the upper House 1^' March 1773. 

Received from the Assemblj' by Mr Respess and Mr Benbury 

A Bill to amend an Act passed at New Bern in the year 1771, 
Intituled an Act for laying out a public road from the Frontiers of 
this Province through the Counties of Mecklenburg, Anson and 
Cumberland. 

On motion read the third time and passed. Ordered to be 
engrossed. 

And a Bill to establish Inferior Courts of Pleas and Quarter Ses- 
sions in the several Counties in this Province. 

On motion the Bill for appointing Public Treasurers and directing 
their duty in Office was put and passed th.e third time. Ordered to 
be engrossed. 

Received from the Assembly the following message, viz' 

Gentlemen of His Majesty's Honorable Council, 

In answer to your message of this day relative to the Bill in addi- 
tion to an Act for regulating the Town of New Bern, We agree to 
the Paragraphs by j'ou proposed and send Mr Neale and Mr Hatch 
to see the same added to the said Bill. 

JOHN HARVEY Speaker 
By order jAMts Green J' Clk. 

In the Assembly 1" March, 1773. 

The Paragraphs proposed to be added to the additional Bill to an 
Act intituled an Act for amending an Act intituled an Act for the 
better regulating of the Town of New Bern and for securing the 
Titles of Persons who hold lots in the said Town Were accordingly 
inserted in the presence of the members sent for that purpose. 

Then the said Bill was put and passed the third time with amend- 
ments. Ordered to be engrossed. 

Received from the Assembly by Mr Montfort and Mr Caswell the 
following Message viz'. 



COLONIAL RECORDS. 433 



Gentlemen of His Majesty's Honble Council. 

In answer to your message of this day for steting the names of 
James Hunter Samuel Deviney and Ninian Bell Hamilton in the 
Bill of Pardon and oblivion This House cannot agree thereto, and 
hope jou will pass the Bill as it went from this House. 

JOHN HARVEY, Speaker. 

By order James Gkeen Jun' Clk. 

In the Assembly 1" March 1773. 

Then the Bill of Pardon and Oblivion to the Persons concerned in 
the late insurrection except such persons as are therein excepted 
Was put the third time anc^ rejected. 

The House adjourned till 10 "Clock tomorrow morning. 

Tuesday Morning 2^ March 1773. 
The House met according to adjournment. 
Present 
f James Hasell Alexand' M'CuUoch ^ 

ri^i TT 11 John Rutherford William Dry t:, „ 

ihe Honble- y ■ t-> d * o i cu i • i Esq 

I Lewis DeKosset Samuel Strudwick ^ 

l^John Samp.son Martin Howard j 

Received from the Assemlily l)y Mr T. Person and Ish Atherton, 
A Bill for directing the metliod of appointing Jurors in all cases 
civil and criminal. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assembly liy Mr Kimbrougb and Mr Wil- 
liams, 

A Bill to prevent malignant and infectuous distempers lieiug 
sju'cad by shipping importing distempered persons into this Prov- 
ince. 

On motion read the third time and passed. Ordered to be 
engrossed. 

Received from the Assemldy by Mr Neale and Mr B. Harvey, 
A Bill to continue an Act passed the lo"" day of January 1771 
Intituled An Act to alter the metliod of working upon the roads in 
the County therein mentioned. 

On motion read the third time and passecf. Ordered to he 
engrossed. 

VOL. IX — 28 



434 COLONIAL RECORDS. 



On motion ordered the following Message be sent to the Assembly 
viz' 

Mr Speaker and Gentlemen of the Assembly. 

On reading in this House for the third time The Bill to establish 
Inferior Courts etc" We propose the following proviso be inserted at 
the bottom of the clause ascertaining the proceedings on the return 
of non est inventus by the Sheriff viz' 

" Provided that no such attachment shall issue against the estate 
of any person who has never resided in this Province " 

To which amendment if your H^use agree be pleased to send 
some of your Members to see the same made. 

In the upper House 2" March 1773. 

On motion ordered the following Message be seuit to the Assembly 
^^iz* 

Mr Speaker and Gentle.men of the Assembly. 

This House have appointed the Honorable John Rutherford and 
Samuel Cornell Esquires a Committee of this House to join your 
Committee to see the sum of nineteen hundred and sixty two pounds 
sixteen shillings and six pence paid on the sinking Fund, Burnt at 
the place and time 3'ou mention in j'our Message of Yesterday. 

In the upper House 2^ March 1773. 

Received from the Assembly the following Message ^"iz' 

Gentlemen of His Majesty-'s Honble Council, 

In answer to your Message of yesterday relative to the Bill to 
regulate and ascertain the Fees of the Clerks of the Pleas &c^ 
This House agree that the Fees as stated by the additional and explan- 
atory Act passed Anno Dom. 1770, for services performed by the 
Clerks of the Superior and Inferior Courts in every instance be 
inserted iu the said Bill and send Mr Caswell and Mr Nash two of 
the Members of tliis House to see the Bill made conformable thereto. 

JOHN HARVEY, Speaker. 

By order James Green Jr Clk. 

In the Assembly March 2'' 1773. 

The amendments proposed to the said Bill were accordingly 
made in presence of the Members sent for that purpose. 
The House adjourned till 10 "Clock tomorrow morning. 



COLONIAL RECORDS. 435 



Wednesday Morning 3"* March 1773. 
The House met acconlino- to adjournment. 
Present 
f .James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick j 

The Honble-{ Lewis DeRosset Martin Howard )- Esquires. 

I -John Sampson and I 

(^ Alexander M'Culloch Samuel Cornell J 
On motion, " The Bill to regulate and ascertain the Fees of the 
Clerks of the Pleae in the Superior and Inferior Courts in this Col- 
ony directing the method of paying the same and for taxing Law 
Suits," having been amended agreeable to Message &c' Was put and 
passed the third time with amendments. Ordered to be engrossed. 
Received from the Assembly by Col Nash and Col INIartin the fol- 
lowing Message Yh\ 

C4extlemex of His Ma.testys Hoxble Cocxcil, 

In answer to your Message of the first Instant upon your reading 
in your House for the third time, " The Bill continuing An Act for 
dividing this Province into six several districts," &c. 

This Hou.se agree to the amendment proposed by you with respect 
to impowering the Chief Justice and his associates or either of them 
to open the Court of Salisbury on any of the first six days of the 
next succeeding Term. 

But we can b}- no means admit the clause which you inserted 
upon a former reading and which ujion tlie most mature deliberation 
has been dchd in our House, to wit, 

"And be it further Enacted by the Autliority aforesaid that for the 
future the Estate of no person whatsoever who hath never resided in 
this Province shall be liable to an attachment otherwise than accord- 
ing to the Laws of England in like cases and that everj- clause and 
section in the before recited Act contrary thereto, shall henceforth be 
repealed." 

We are of opinion that it would be highly inconsistent witli the 
Commercial Policy of this Province to relincjuish the benefit of the 
attachment of the effects of those who are not resident here, as from 
the absence of their persons Creditors have no security but what is 
derived from their property in this Province upon the faith of which 
those debtors have in many instances obtained Credit. 

We conceive that the Privilege we claim is exercised by many if 
not all of our Sister Colonies varied agreeable to the Circumstances 



436 COLONIAL RECORDS. 



of each ijarticular place and regulated by the^Provincial Laws and 
in some instances by the municipal Customs in certain Liberties 
and Franchises of Great Britain, and as we can discover nothing in 
our own Constitution that can vindicate a distinction so injurious 
to this Country, We cannot in justice to ourselves and Constituents 
consent to it. 

We notice that the Clause proposed by you is not confined to the 
Lihabitants of Great Britain but extends its influence to persons 
resident in the other Colonies whose Effects are thereby guarded 
from attachments for any debts they owe us, while ours may at any 
time be made the subject of attachments at their suits for any debts 
we may have contracted with them. 

It is the sense of this House that by the Laws and Statutes of 
Great Britain no provision whatsoever is made for attachments, 
that as far as they are known in Great Britain they exist by 
Municipal Customs and are confined to Liberties and Franchises, 
Governed by the Particular circumstances of Place and People and 
so essentially local in the application of them as not to admit of 
being extended by any analogy of this Province, and as we must be 
referred (in case of your amendment taking place) to the Laws and 
Statutes of Great Britain for our remedy by attachment, such appli- 
cation must from what We have observed be altogether nugatory 
.and fruitless. 

We doubt not but that the Judges of our Courts of Law Zealous 
for the welfare of this Province would give a liberal construction to 
the Clauses proposed, but by the Laws in force must their decisions 
be confined and fettered with this restriction. We think that no 
legal, just interpretation could be formed but what must operate as 
a denial of the benefits we seek from the Attachment Law. To 
secure a privilege so important the mode of obtaining it should be 
grounded in certainty, the Law positive and express and nothing 
left for the exercise of doubt or discretion. 

We mention as a circum.stance that cannot have escaped the 
notice of your House that this Law is to continue in force only six 
months and from thence to the end of the next Session of Assembly, 
that in the manner this House have pa.ssed it, it is incumbent on 
the Creditor to give his foreign debtor twelve months notice before 
he can bind his effects by a Judgment, so that it is left altogether to 
the will of Government to prevent this Law having any effect what- 
soever with respect to foreign debtors by putting an end to its 



COLONIAL RECORDS. 437 



operation before twelve months, or which must necessarilj' Ijc the 
case a longer time expire 

This House bear the fullest Testimou)- to the necessit}- of Courts 
of Law and the man}' disadvantages which must arise from a fail- 
ure of the due distribution of Justice on tlie Criminal and Civil 
side are too obvious to be mentioned. They doubt not that your 
House equally feel for the honor and interest of this Province and 
conscious of the benefits that have been derived to us from the 
Right vre have hitherto had of attaching the effects of Foreigners 
that \-ou will not part with a pi'ovision grounded in the principles 
of mutual reciprocal Justice the privation of which must necessarily 
destroy that confidence and credit to Foreigners and our neighbour- 
ing Colonies upon which the Trade and Prosperity of this Province 
essentially depend. JOHN HARVEY, Speaker. 

By order James Greex, Jr Clk. 

3^"" March 1773. 

Received from the Assembly by Mr Graj^ and Mr Alston 

The report of the Committee of Public Claims agreed to by the 

Assembly, which were read, concurred with and sent back. 

Received from the Assembly by Mr Locke and Mr Montgomery the 

following Message Viz', 

Gextlemex of His Majestys Honble Council, 

The addition you propose to be made to the Clause of the Inferior 
Court Bill respecting Attachments we conceive to be unnecessaiy 
because by the Act of Assembly for appointing Sheriffs and direct- 
ing their Duty in Office &c.. No Sheriff can return upon a Writ 
that the defendant is not to be found within his Bailiwick unless 
such Sheriff shall actually have been at the House or place of abode 
of such Defendant so that .Judicial Attachments cannot operate to 
the Injury of Persons who have never resided in this Province and 
as this addition contains nothing but what we conceive to be pro- 
vided for by the Law above mentioned. We cannot agree thereto, 
especially as it would seem to implj' an inclination entirely to relin- 
quish the Right of attaching the Eflwts of Persons who have never 
resided here, which under i^roper Regulations might be made equit- 
able to all parties and is es.sentially necessary to the well being of 



438 COLONIAL RECORDS. 



this Colony. AVe therefore earnestly wisli your Honors may pass 
the Bill as it went from this House 

.JOHN HARVEY, Speaker. 

By order .James Gkeex Jr Clk. 

In the Assembly 2""^ March 1773. 

On motion, The Bill to amend an Act intituled "An Act for divid- 
ing this Province into six several districts and for establishing a 
Superior Court of Justice in each of the said districts and regulating 
the Pi'oceedings therein, and for providing adequate salaries for the 
Chief Justice and the Associate Justices of the said Superior Courts," 
Was put the third time and rejected. 

On motion. The Bill for establishing Inferior Courts of Pleas and 
Quarter Sessions in the several Counties within this Province, Was 
put the third time and passed. Ordered to be engrossed. 

The House adjourned till 10 "Clock tomorrow morning. 

Thursday Horning 4'" March 1773. 

The House met according to adjournment. 
Present 
f James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick | 

The Honljle ■{ Lewis DeRosset Martin Howard [• Escjuires 

I John Sampson and 

1^ Alex'' McCulloch Samuel Cornell 

Received from the Assembly by Mr M^Nair and Jlr Brooks the 
following Mes.sage and Resolve, "\''iz' 

Gextlemen of His Majesty's Hoxble Council, 

This House send herewith a Resolve thereof for allowing the 
Ferrymen in this Province for Transporting the Post Riders and 
Mail Bearers across the several Ferries &c' and desire your Honors 
Concurrence. JOHN HARVEY Speaker. 

In the Assembly 4"" March 1773. 

Resolved that every owner or keeper of a Public Ferry in this 
Province who shall on the arrival of any Post Rider or Bearer of a 
Mail from any of the Post offices in this Province immediately and 
with the utmost dispatch transport the said Post Rider or Mail 
bearer wi'th his mail across the Ferry of whicli he is owner or keeper 



COLONIAL RECORDS. 439 



in jirefert'iice to any other person, such owner or keeper of a Ferry 
shall for every time he shall transport any post rider or mail bearer 
across his said Ferry be allowed double the sum allowed by Law 
for the like services in other instances on producing his account 
sworn to before a Justice of the Peace in the County where he resides 
to the Treasurer of the district who is hereby required to pay the 
same and such account with a receipt from the Ferryman shall be 
deemed a sufficient voucher for the Treasurer on his settlement with 
the Public, and that all Ferriages that have become due since the 
repeal of the Post Act shall be paid in like manner as aforesaid. 

.JOHN HARVEY, Speaker 
By order James Green Jr Clk. 

In the upper House 4"" }tlarch 1773. Read, concurred with and 
sent back. JA= HASELL, P. C. 

The House adjourned till 10 "Clock tomorrow Morning. 

Friday Morning 5"" March 1 773: 
The House met according to adjournment 
Present 
f James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick j 

The Honble { Lewis D'Rosset Martin Howard [- Esq's 

John Sampson and 

Alexander M'Cullocli Samuel Cornell 

Received from the Assembly by Mr Hines and Mr Montgomery 
the following Message and Resolve Viz'. 

Gentlemen op His Majesty's Honble Council, 

We herewith send you a Resolve of this House for allowing Robert 
Hamilton Twenty pounds, who by accident received a wound in the' 
late expedition, and desire your Honors concurrence thereto. 

JOHN HARVEY, Speaker 

In the Assembly 5"" March 1773. 

This House taking into consideration the distressed situation of 
Robert Hamilton, a soldier in the late Expedition against the Insur- 
gents, who by accident received a wound which in all probability 
will render him a cripple for life. Do therefore Resolve that the said 
Robert Hamilton be allowed the sum of twenty pounds, and that 



440 COLONIAL RECORDS. 



the Treasurers or one of them pay him the same out of the contin- 
gent Fund and be allowed in his account with the Public. 

JOHN HARVEY Speaker 
By order James Green Jr., Clk. 

Li the upper House 5"' March 1773. Read, concurred with and 
sent back. JAS. HASELL, P. G. 

Received from the Assembly by Mr Gray and Mr Thompson the 
following Message and Resolve, viz'. 

Gentlemen of His Majestys Honble Council, 

We herewith send you a Resolve of this House for allowing the 
Collectors of the duties on Rum.AYiue and other sj^irits brought into 
this Province bj' Land the Commissions of twenty five ^ cent &c^, 
and desire your Honors concurrence thereto. 

JOHN HARVEY Speaker, 

By order. James Green Jr Clk. 

In the Assembly 5"" March 1773 

This House taking into consideration the Act of Assembly passed 
at Wilmington in the year 1754 for granting an Aid to His Majesty, 
a duty of four pence per gallon was laid on all wines rum and other 
spirits that should be brought into this Province either by land or 
water, and whereas large quantities of wine rum and other spirits 
are brought into this Province by Land for which no duty is collected 
by reason of the smallness of the commission allowed ])y Law for 
collecting and receiving the same. 

Resolved that every Collector appointed by His Excellency the 
Governor to receive the said duty on wine rum and other Spirits 
brought into this Province by Land shall for the future be allowed 
a Commission of Twenty five "^ cent out of the money he shall so 
receive and pav according to the directions of said Act. 

JOHN HARVEY Speaker. 

By order J.'vs Green Jr Clk. 

In the upper House o" March 1773. Read, Concurred with and 
sent back. 

JAS. HASELL, P. C. 



COLONIAL RECORDS. 441 



Received from the Assembly by Mr Smith and Mr Hatcli the fol- 
lowing Message and Resolve, A'iz'. 

Gextlemex of His Majestys Hoxble CorxciL, 

We herewith send your Honors a Resolve of tliis House for allow- 
ing His Excellency the Governor the sum of one hundred and ninety 
pounds and two pence and desire your Honors concurrence thereto. 

JOHN HARVEY Speaker 

In the Assembly o"" March 1773. 

Resolved that His Excellency the Governor be allowed the sum 
of one hundred and ninety pounds and two pence for sundry dis- 
bursements by him expended for the accommodation of the Palace 
and that the Treasurers or either of them pay the same and be 
allowed in their accounts with the PuVdic. 

•JOHN HARVEY Speaker. 

By order -Iames Greex, Jr. Clk. 

In the upper House 5"" March 1773. Read, concurred with and 
sent back ' JAS HASELL, P. C. 

The House adjourned till 10 "Clock tomorrow morning. 

Saturday Morning 6"" March 1773. 
The House met according to adjournment. 
Present 
f James Hasell William Dry ^ 

I John Rutherford Samuel Strudwick | 

The Honble •( Lewis DeRosset Martin Howard [• Esquires 

I John Sampson and | 

I^Alex' M'Culloch Samuel Cornell j 

Received from the Assembly by Mr Macknight and Mr Hooper 
the following message and resolve, viz' 

Gextlemex of his Majestys Hoxble Council, 

We herewith send you a Resolve of this House for allowing Col 
John Harvey Speaker one hundred pounds as a i-eward for his par- 
ticular assiduity and attention to the business of this present Ses- 
sion of Assembl}- and desire your Honors concurrence thereto. 

JOHN HARVEY Speaker. 

In the Assemblv 5"" March 1773. 



442 COLONIAL RECORDS. 



Resolved tliat Co