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JOURNALS
of the

House

of Burgesses
of Virginia

176

1--1

765

.^

THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA


RIVERSIDE

LIBRARY

JBWVERSJIY OF CALIFORNIA

The Houfe

of Burgeffes

of Virginia

Five Hundred Copies

Printed from Type.


No.

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Draft of the Resolutions agaixsithe 'Stamp Act," bearing the endorsement of Patrick Henry, and still preserved at " Red Hill," the old estate of the Henry's, in Charlotte County, Virginia.

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JOURNALS
of the

House

of

Burgesses
of

VIRGINIA
1761-1765

Edited by

JOHN PENDLETON KENNEDY

RICHMOND,
M
C

Virginia
I

T^7

CONTENTS
Preface
Burgesses
Prorogations
.

Vll
3. 31. 45. 63, 169,

201, 225, 313

27. 42, 59, 166, 197, 222, 309,

364
5

Journal

1761,

November Session
January Session

Journal Journal
Journal

1762, 1762,
1762,

33
47
65

March Session
November Session
.

Journal 1763

171

Journal
Journal

1764, 1764,

January Session

203
227

October Session
.

Journal 1765
Index

315 367

Library Board
Virginia State Library

ARMISTEAD

C.

GORDON, Chairman

CHARLES
S. S. P.

V.

MEREDITH

PATTESON

JOHN W. FISHBURNE

THEODORE

S.

GARNETT

THE
of

new Affembly
During

of Virginia which

convened November
until

3''<*,

1761, continued
it

to

meet under various prorogations


this period the

June

i''',

1765,

when

was

dif-

folved.

Houfe of Burgeffes met eight times, though


meeting of 1764 adjourned to
to the 14"^

there were only feven diftincft feffions, meet on the i" of May following.

fince the October

The Journal of feffion beginning November f^, 1761 and continuing the fame month, contains twenty-eight pages, including the title page.
this Journal
is
is

printed

copy of
ufcript

located in the Virginia State Library, while the original

man-

on

file

in the Britifh Record Office in Londoti

The firft feffion of 1762 convened on January 14* and was prorogued on the 21" Two printed copies of this Journal are known to exift, though it of the fame month. One copy of the is not unlikely that others will be found located in private colledlions. Journal in queftion is in the Library of Congrefs and the other in the Virginia State Library. In each inftance the text of thefe copies commences on page three and ends
with page fourteen, which would indicate that title pages were printed though not preferved. The original manufcript for this and fucceeding feffions of 1762 contained in this volume are located in the Public Record Office in London.

The fecond
following.

feffion of 1762 met March 30* and was prorogued on the "j^^ of April Printed copies of this Journal have no title pages, the text beginning on

of this Journal known to exift In this and other Journals of the feffions of this particular Affembly, where the text begins on page three, bibliographers In this particular inftance this Journal is frequently record an erroneous pagination.

page three and ending on page

fixteen.

The only copy

in a public inftitution is in the Virginia State Library.

faid to contain thirteen pages, while in fadl the laft

due, no doubt, to infufficient

page of the text is fixteen. This is bibliographical information being fumifhed ftudents work-

ing on this

fubje(5l.

and laft feffion of 1762 met on November 2'* and continued until the 2^"^ December. The only printed copy of this Journal recorded at the following the of prefent time, is in the Virginia State Library, and like the preceding feffions the text begins on page three. This copy likewife contains no title page though perfect in every

The

third

The text ends with page one hundred and fixteen. i-efpedt. But one feffion of the affembly was held in 1763. The Burgeffes met during that year on May 19* and were prorogued on the 31^' of the fame month. Unlike other
other

Journals of this particular affembly the text begins on page one. This would indicate title page was printed in this particular inftance, and the Journal is apparently complete in thirty -one pages of printed matter. Printed copies of this Journal are to
that no

be fotmd in the Library of Congrefs and in the Virginia State Library. There were two feffions of the affembly in 1764, the firft extending from the i2" of January to the 21^' of the fame month. The Journal of this feffion evidently had 'a The only printed copy of this title page at one time as the text begins on page three.
Journal known at the prefent time tains twenty-five pages.
is

located in the Virginia State Library,

and

it

con-

The
The bibliographical information concerning the Journals herein printed, is bafed upon copies located in American libraries only. An effort is now being made to locate additional copies in foreig^n collections, and when this is accompUfhed the copies known to be in the Britifh Record Office will be lifted.
I

[ viii ]

1764 convened on October 30"' and continued in feffion until the 21" of December following. So far as is known there is not a complete printed copy The c^opy in the Virginia State Library begins on page three of this Journal extant.

The fecond

feffion of

and ends on page feventy-eight, which carries the feffion through Thurfday, December There is likewife an imperfed copy in the Library of Congrefs, which con13* only.
tains eighty-eight pages of printed matter, including the records of the meeting of

was publifhed in full is indicated by a continuous pagination covering this feffion and the feffion which convened on May i", 1765, the copy in queftion ending on page feventy-eight and the feffion of 1765 beginning on page This would indicate twenty pages miffing, as the text of all feffions begin ninety-nine. on the redlo page. It was neceffary, therefore, to have a tranfcript of this Journal made from the original in the Britifh Record Office in London, which not only gives a complete f' record of this feffion, but determines that it was prorogued on the 21 day of December,
December
18'''.

That

this Journal

1764.

The final feffion of this Affembly met on May i'\ 1765 and continued until the firft As noted in the preceding paragraph the paging of this of June of the fame year. Journal commences with page ninety -nine and ends with page one hundred and fiftyThere are two printed copies of this Journal in public inftitutions, one being in four. the Virginia State Library, and the fecond in the Library of Congrefs. The latter copy
reported as being imperfe(5l. Hening, in his "Statutes At Large," records the adls of this feffion of the Affembly as paffed in Odober, 1765. Stanard' hkewife affumes that two feffions were held durBoth are in error, however, as the adts recorded by Hening under date ing that year. of Odober, 1765, were adttually paffed at the May feffion of the fame year. This is attefted by the Journal of the feffion in queftion, which fhows clearly the a6ts referred to were paffed at that time. That no feffion of the Affembly was held in Odober, 1765,
is

is

attefted

by

the fadl that the

lution proclamation of

June

new Affembly, which followed as the refult of the diffo" 1765, did not take the oath of office until Thurfday the
was
to effedl a thorough

fixth of November, 1766.

The

great problem of Virginia in 1761

and complete under-

ftanding with the various Indian nations along the frontier. The Cherokees in the South and Southweft had always been a fource of great alarm, efpecially to the promoters of the Weft ward Movement, as were the Six Nations who claimed a large portion
of

what

is

now Weft

Virginia.

To

thefe Indians, was, therefore, not only the defire of the


neceffity for Virginians.

bring about complete and fatiffadtory treaties with Mother Country, but an abfolute

and but for numerous treaties with the Cherokees from 1661 to 1772 could have been effe(5led. After confiderable difcuffion of the plans of procedure, which was calculated to bring about an early and fatiffacftory peace between the Indians and the Colonies, it was determined that Pennfylvania and New Jerfey fhould make an effort to treat with the Six Nations, while to Virginia and the Carolinas was left the tafk of bringing the Cherokees to terms. This was not an eafy imdertaking, as the tribes in queftion covered an enormous territory, and poffeffed feveral thousand warriors.
In order to thoroughly appreciate the extent of the country occupied at various times by the Cherokees, it is interefting to know that in 1693 they inhabited the well watered regions of the Carolinas, including the valleys of the Catawba, Broad, Saluda, Keowee, Tugaloo, Savannah and the Coofa Rivers, on the Eaft and South, and various This was pradlically an unlimited tributaries of the Tenneffee on the North and Weft. between any two Indian Nations as to treaties exifted territory at that time, and as no Charles C. Royce^ in his their territorial limits, much ftrife and bloodfhed refulted. "Cherokee Nation of Indians" ftates " that the Indians had no definite and concurrent underftanding with their furrounding favage neighbours as to where the poffeffions of one left off and thofe of the other began. The ftrength of their title to any particular tradt of country ufually decreafed in proportion to the increafe of the diftance from
their
I

The Carolinas occupied a fimilar pofition to that of Virginia, co-operation upon the part of thefe colonies, it is doubtful whether the

Virginia Colonial Regifter, p. 170.

Fifth

Annual Report, Bureau

of Ethnology, p. 140.

"

"

[ix]
their villages; and it commonly followed as a refult that a confiderable ftrip of territory between the fettlement of two powerful tribes, though claimed by both, was pradlically confidered as neutral ground, and the common himting ground of both. As has already been ftated, the extreme Eaftem fettlements of the Cherokees in South Carolina in 1693 were in the diftricJt lying between the Catawba and Broad Rivers, and no claim has been found fhowing the exiftence at any time of any affertion of territorial right in their But, neverthelefs, on Bowen's map of (obbehalf to the Eaft of the former ftream. vioufly copied from early maps) there is laid down the name of 'Keowee' or 'Old Town.' The location of townn was on Deep River in the vicinity of the prefent town oi Afhborojigh, N. C. It was a favorite name of the Cherokees among their towns, and affords a ftrong evidence of at leaft a temporary refidence of a portion of the tribe in that vicinity. A map executed by John Senex in 1721 defines the Indian boundary in this region as following the Catawba, Wateree and Santee Rivers as far down as the moft wefterly bend of the latter ftream, in the vicinity of the boundary line between Orangeburg and Charleftown diftridls, whence it purfued a fouthwefterly courfe to the Edifto River, which it

followed to the fea.


of limits

The fouthem portion of this boundary was, of courfe, a definition between Carolina and the Creeks, or rather of certain tribes that formed com-

ponent parts of the Creek Confederacy.

No

evidence has been difcovered tending to

fhow an extenfion of Cherokee limits in a fouthem diredtion beyond the point mentioned above on the Edifto River, which, as near as can be afcertained, was at the jtmdlion of the North and South Edifto. Following from thence up the South Edifto to its fource the boundary purfued a fouthwefterly courfe, ftriking the Savannah River in the vicinity of the mouth of Stevens Creek, and proceeding thence northwardly along the
Savannah."

"On the borders of Virginia and North Carolina, the ancient limits of the Cherokees feem to be aKo fhrouded in more or lefs doubt and confufion. In general terms, however, it may be faid that after following the Catawba River to its fource in the Blue Ridge the courfe of thofe mountains was purfued until their interfedlion with the continuation of the Great Iron Moutain range, near Floyd Court Houfe, Virginia and thence to the waters of the Kanawha or New River, whence their claim continued down that ftream to the Ohio. At a later day they aKo fet up a claim to the coimtry extending from the mouth of the Kanawha down the Ohio to the ridge dividing the waters of the Cumberland from thofe of the Tenneffee at the mouth of thofe ftreams, and thence following that ridge to a point northeaft of the mouth of the Duck River thence to the mouth of Duck River on the Tenneffee, and continuing up with the courfe of the latter river to Bear Creek; thence along the faid Creek to a point cal'ed Flat Rock, from there to the Ten Iflands in Coo fa River. Another accoimt of the poffeffions of the Cherokees is given by Adair in his " American Indians." This famous trader traveled for forty years among the Cherokees, and as a refult of the obfervations outlines the boundary of their cotmtry as it exifted in 1750: "The country lies in about 30 degrees north latitude at the diftance of 340 computed miles to the north weft of Charlefton, 140 miles fouthweft from the Katawba Nation, and about 200 miles to the North of the Mufkohge or Creek Coimtry. They are fettled nearly in an eaft and weft courfe about 140 miles in length from the lower towns, where Fort Prince George ftands, to the late imfortunate Fort Loudoun. The natives make two divifions of their cotmtry which they term 'Ayrate' and 'Otarre, the one fignifying the 'low' and the other 'mountainous.' It will be feen from the botmdaries herein given that the portion of the country claimed by the Cherokees in 1760, comprifed a large part of what is now Southweftem, Virginia, Weft Virginia and Kentucky, which the Six Nations alio claimed by right of conqueft. This vaft territory gave the Cherokees a wide range of influence which enabled them to be the moft prominent of frontier fadtors. This Virginia recognized and in confidering the acquifition of territory fully realized the power of the enemy, and the magnitude of any undertaking that contemplated fubduing them.
;
,

'

The

[x]
The Cherokee nation as early as 1716, when a cenfus of the Indian tribes of the Adair alleges Carolinas' w.is taken, numbered 11,210, of whom 4,000 were warriors.
this

that there were 6,000 warriors in 1735, but that three years later small-pox reduced number fully fifty per cent. No other corredl eftimate of the number of warriors

of this tribe feems to

clofe of the Revolution, with the whites they numbered only 2,300 when, It is, therefore, fafe to prefume that in 1761 there were at leaft 5,000 fightwarriors. ing men in the Cherokee nation, and this force was to be reckoned with by Virginia Unfortunately for the Colonies troops, which feldom numbered over i ,500 fighting men. the French effedled a treaty with the Cherokees in 1760, which refulted in a union of This treaty, however, was of forces of the two nations in their war with Great Britain. fhort duration, as Governor Littleton of South Carolina, recognizing the neceffity for immediate adtion, marched againft the Indians and after defeating them concluded a

have been made until about the time of the

as a refult of their

many

conflid:s

whereby the Cherokees agreed to annul the Cherokee-French agreement and pledge This adlion upon the part of South Carolina faved their fupport to Great Britain. much bloodfhed along the borders and made poffible the treaty of Charles Town in 1761. By this treaty an agreement was reached, whereby the boundaries between the Indians and the Colony of South Carolina was declared to be the fources of the great rivers emptying into the Atlantic Ocean. This feries of fucceffes caufed Virginia to examine into the condition of its frontier, and aroufed a determination to effedl an underftanding with the Cherokees that would The troops raifed by Virginia in the infure peace and contentment to weftem fettlers. Spring of 1 761, to ad; in conjunction with the troops of North Carolina under Colonel Grant were available for this purpofe. Governor Fauquier, however, was evidently inclined to relieve the Colony of the burden of maintaining a regiment in the time of peace, though in his opening addrefs on Thurfday, November 3'''' 1 761, he fuggefts that the queftion of difbanding the regiment muft be confidered by the Affembly " as you were the moft competent Judges of the Condition of the Frontiers." But having received a letter from Sir Jeffrey Amherft diredling that the regiment be maintained until peace had been concluded with the Cherokee Indians, it was his duty to effedl fuch a refult as the Colonial Secretary recommended. This plan was agreed to by the Burgeffes at a time when Colonel Stephen, upon whom the command of the regiment had devolved, was camped on Big I (land in the main branch of the Holfton River. The prefence of Virginia troops at this point had had the effedl of quieting the Indians and giving rife among them of a general feeling for peace, and had the regiment been difbanded at that time much difcontent would have been felt throughout the Colony. Colonel Stephen had advifed Governor Fauquier, that various Indian chiefs had vifited the camp on Big I (land early in Jannary with articles of peace, urging at the fame time that an agreement be effedled between Virginia and the Cherokees, that would eftablifli a firm and friendly basis of underftanding. Nothing, however, was accomplifhed as the refult of thefe vifits, though the prefence of troops in clofe proximity to the Indian lands had a falutary effedl. There was nothing to do, therefore, but to await the refults of the peace conference then being held in South Carolina. Big I (land being an undefirable location for troops, the governor iffued orders to Colonel Stephen to march to Stahlnaker's, where the regiment could be more eafily reached and provided for than at the camp on the Holfton. This order was obeyed and the troops remained at Stahlnaker's until Colonel Stephen advifed Governor Fauquier, that articles of peace had been figned between Governor Bull and the chiefs of the Cherokee nations, when he was ordered to march to Fort Lewis and difband his regiment. This order being iffued, the affembly was at once called together to be acquainted with the adlion of the Governor, which it approved fhortly aftreaty,
ter convening.

Having reached an imderftanding with the Cherokees, which unfortunately proved


to be of fhort duration. Governor Fauquier at once turned his attention to the Six Nations, he having written to Governor Hamilton of Pennfylvania fome months before
for information concerning

them.

In this communication the Governor afked for a

full

account

"

[xi]
account of what had paffed between the king's officers and the Indians, in relation to 22'"i 1761, Governor lands weftward of theAlleghanies. Replying, under date of June Hamilton fet forth in detail fuch information as he had at his command, and at the fame time called particular attention to fuch treaties as had been promulgated from 1758 to 1 7 61. In this letter the fears of the Colony of an uprifing of the Six Nations were at once fet at reft, the Governor being advifed that General Anther ft had fatiffied
the Indians that no attempt would be

made

to take

away any

of their lands

A NARRATIVE' OF WHAT HATH PASSED BETWEEN THE KING'S GENERALS, GOVERNORS, ETC., AND THE INDIANS: IN RELATION TO LANDS; BEING DESIGNED AS AN ANSWER TO GOV FAUQUIER'S LETTER OF THE 22 OF JUNE 1761.
In Odober 1758 Peace was confirmed between His Maj'^y'' Subjeds, and Delawares and their Allies' the Minifinks, Mohickons, Opies and other the Nations living on the Sufquehannah, in the prefence of the Deputies of the Six
Nations.

In this Treaty the Proprietors of Pennfylvania releafed all the Lands within Weftward of the Allgeheny hills to the Indians of the Six whom they had before purchafed them, and folemnly engaged Nations, from
their province to the
"

That no white people fhould make Plantations or Settlements on the Lands " to the Weftward of thofe Hills. In Decetnber 1758 Gen' Forbes took poffeffion of Fort dti Quefne, but being fick, he was obliged to depart before the Indians could affemble to treat with him. Col. Bouquet was left in the Command there, who received the Indians and confirmed the Peace made at Eafton, and further expreffly affured them: " That the King did not fend his Generals to hurt the Indians, or to take their lands from them." In the beginning of January 1759, Nine Chiefs of the Six Nations Shawanefe and Delawares, with forty of their people living at and in the neighborhood of Baccaloone an Indian Town near the head of the Ohio, came to Pittfburg, fent, as they faid on purpofe to be informed of the Terms of the Peace, which they were told had been made between the Englifh and the Indians.
Col. Mercer then having the Command at Pittfburg, fent them forward to Philadelphia, in order that they might receive an anfwer from Gen' Forbes but he being ftill extremely indifpofed and unable to receive them, defired Gov

Denny, after the Indians had made him acquainted with their bufmefs, which was as above fet forth to return them an anfwer to lay before them the con;

tents of the late treaty at Eafton

and

to affure

intention to
Hills; unlefs

make Settlements

in their

That the Englifh had no Hunting Cotmtry beyond the Allegheny


;

them

"

they fhould be defired, for the conveniency of the Indians, to eredt Store houfes in order to eftablifh and carry on the Trade. Thefe Deputies ftay'd in Philadelphia till April, when Gen' Amherft coming thither on a vifit to M"' Forbes, conferred with them, and with one Thomas King an Oneida Chief, who had affifted in the Weftem Campaign, and was lately come from Pittfburg, and in thofe Conferences M' Amherft affured thofe Deputies " That the King's Generals would continue to adl up to all the engagements His Maj'*^'' fubje(5ls had entered into with the Indians." Governor Denny took an opportunity of commtmicating to Thomas King, the anfwer of Gov Fauquier to the enquiries which had been made by the Six Nations at Eafton about one Squeffatego, and accompanied it with proper Belts
:

and

and defired Thomas King to deliver all to the Cotmcil at Onandago. In July 1759 there was a very great meeting of Indians at Pitfburg, and many of the Chief Men of the Delawares, Shawanefe and Wyondots, who had
Strings,

powers from the Chippawas, Ottaws, Putewatimies, Twightwees, Cufcufkies,


Kecopes
I

Bancroft Tranfcripts

Library of Congrefs.

[xii]
Kecopes, Spocky's, and Mufquakes, were of the Company. The late Treaty at Eaftan had been fent to thofe Nations, by a folemn deputation from the

who were prefent at that Treaty. To which Deputation M"^ Poft and Cap" Bull were joined on the part the Govern'. The Treaty was read and explained to them in their Councils Kufknfky, Sawkung and Lcgftown, and thofe Indian Chiefs were now come
Indians confirm
it.

of

at
to

General Forbes, being dead, and Gen' Stanwix, who fucceeded to the Command, not being arrived, M' Croghan Deputy- Superintendent of Indian affairs

imder Sir W"" Johnfon, was obliged to hold the conferences, in which all the agreements made at Eafton, together with the peace were confirmed and the Article relating to Lands was expreffly mentioned in thefe words.

CROGHAN'S ADDRESS TO THE SIX NATIONS.


Brethren,

"The complaint which your

people, three years ago

made

to the Gov. of

Pennfylvania about their Lands, (meaning the lands to the Weftward of the Allegheny Hills) was fettled at the Treaty of Eafton, and a line fettled by your people and the Six Nations to their fatiffadlion and you may depend on it, that your Brethren the Englifh will never violate their engagement; and that the King's General and all the Governors on this continent will ratify and confirm " it, in the firft General meeting you fliall have with them. It was further laid, that the General was on his way to build a Trading Hoiife
;

to fecure the goods, brought

the Englifh Traders, for the ufe of the Indians, from the Infults of the French. And they were affured, that as foon as the Enemy were driven out of their Covmtry, in which they were defired to be
affifting,

by

the General would depart their Coimtry, after having feciu-ed our
otu-

Trade with them and

Brethren to the Weftward. In Odober 1759 General Stanwix held a Treaty with the Delawares, Shawanefe, Wyondots and Six Nations at Pittfburg wherein he made the following
fpeech

among others

ADDRESS OF GENERAL STANWIX TO THE INDIANS.


Brothers.

"No Nation could ever charge the English with a breach of Treaty; every thing relating to the peace made between us has been performed on our The Original draught of the Boundary line fettled between us and the parts. Six Nations at the Treaty at Eafton was delivered to them, and here is a copy fent by Gov. Denny to fhew to the Delawares and Shawanefe to prevent any
difputes hereafter arifmg

Pit fburgh: letting the Indians

upon that head." Then he opened the Road to know, that his Maj^y had been at a confiderable

expence to eftablifh a Trading Hoiofe there. In April 1760 Gen. Amherft (by Frederick Poft, then propofmg to go to the Ohio) sent the Indians there a Meffage to quiet their minds, which had been much difturbed on fome ftories being propagated among them, as if the Englifh intended to take their lands from them, and fettle quite up to the Ohio. M"' Poft being prevented from going, the Meffage of Genl Amherft was fent to Gen'

Moncton who then commanded at Pitfburgh and was by him delivered to the Indians at a great Council in Auguft 1760 in thefe Words:

ADDRESS OF GENERAL MONCTON TO THE INDIANS.


Brethren Kings Captains and Warriours. " I mean not to take away any of yoiar Lands but as the neceffity of His Maj'ty'^ Service obliges me to take Poft, and build Forts in fome parts of your
;

Country

"

[ xiii ]

Country, to protedl our Trade with you, and prevent the Enemy from taking poffeffion of your Lands, and hurting both you and us, as you are fenfible, that In that cafe I affure you, that no part if we do not build Forts the French will.

any

whatever of your Lands adjoining the faid Forts fhall be taken from you, nor of our people be permitted to Hunt or Settle upon them, but they fhall remain in your abfolute property and I will even promife you fome prefents as a confideration for the Lands, where fuch Forts or Trading Houfes are or may
;

be built. And as it is expenfive & inconvenient for us to carry provifions for our Warriors, from our fettlements to thofe Forts, and alfo to fupply our Brethren the Indians, when they come to fee us, if, you will lay out a fpace of ground adjoining every Fort to raife Com, in that cafe, fix yourfelves the limits of that part of your lands fo appropriated to us, and you will receive fuch a confideration for it, as will be agreed between you and us to your fatiffadlion.
There being no danger of immediate war with the Six Nations, the attention of the Governor was direcfted to the claim of thefe federated tribes to a large territory on the Greenbrier and New Rivers, which lands were alfo claimed by the Cherokees. This condition of affairs the Governor at once commtmicated to the Board of Trade \ander

Having made known fimilar information in December 1760, date of Align ft 29"^ 1761. Governor Fauquier was at once ordered to convene the Council and confider the claims
of the Indians for the territory in queftion.

Coimcil during the

Not being able to get a quorum in the fummer months, Governor Fauquier further advifed the Board of

Trade that the meeting would have to be poftponed until after the meeting of the General Court in November:
W'"'burg'" Aug. 2g"'

iy6i.

My Lords,
to your Lord''" letter of the 17"' Febr-^ which was received by me June, / immediately confulted His Maj''"' Council in relation to the claims of the Indians on the Lands Green Bryar and New River or Woods River, which fall into the Ohio the confideration of this was poftponed till the General

In obedience
2"''

on the

Court in Odlober, when all the Members of the Council ufually attend, when all agreements with the Indians and all their claims will be enquired into; and in the meantime I was de fired to apply to Gov.' Hamilton of Pennfylvania, for copies of all treaties and agreements made with the Indians inhabiting the Country in the neighborhood of Fort Pitt, by Generals Forbes and Stanwix, while they co^n-

manded

there,

which I have accordingly done;


time no

that

your Lord""

may

have

all the

information and in fight into this affair which we

may

be capable of giving
till

you

And

in the

mean

new

patents will be granted for thofe lands,


.

I receive

your Lord"" diredions thereon.


I

am

with the greateft refped

My
Your

Lords,

Lord''" moft obedient, obliged

and devoted

fervant.

FRAN: FAUQUIER.
In the meantime Governor Hamilton of Pennfylvania was again communicated with and requefted to fumifh copies of all treaties and agreements with the Indians in and

aroimd Fort Pitt. This he did and fuch papers as were received were forwarded to the Board of Trade on November 30* 17 61. In the communication of Governor Hamilton, attention was called to the treaties dating from 1744 and 1752, in conjundlion with other letters and data on the fubjedl, which was to be ufed by the Home Government in determining the attitude of Virginia in the matter in queftion

My
I

Bancroft Tranfcripts Library of Congrefs.

xiv

W'"^burgh' Nov' jo"" iy6i.

My

Lords,

In obedience
ij"' Febr->'

to

your

Lord''''

commands

fignified to

me

in your

letter of the

lydi received by
to

me

on the 2"^

communicated

His

Maj''^'' Council,
all the

June following, and immediately after who put off the confideration thereof till

the next general

Court when

Councillors attend {as fignified by


to

me

in a for-

mer

letter to

your R.'

Hcnt'''^

Board) I now proceed


to

give your Lord"" all the

information, I have been able

obtain relative

to the

agreements

made with

the

Indians about the fettlement of Lands.

December i'^43 Commiffions were made out to the Hon^'' Thomas Lee Efq" of His Maj'^'' Council and W" Beverly Efq" a Member of the Houfe of Burgeffes, to treat with the Indians of the Six Nations; and inftrudions were

On

the 14""

On the 22"'' June iy44 conferences for a peace were opened at Lancafter under the meditation of Gov. Thomas of Pennfylvania, our Commiff" and Commiff"' from Maryland being prefent. All thefe proceedings at large have been heretofore fent to your Lord'''' as I am informed, and are now, I
accordingly given them.

imagine among the papers of your Office; but left they fhould not be eafily come at, I have inclofed to your Lord'*" a copy of the Treaty itfelf which is the only material part of thofe tranfadions; and which I find was figned by no lefs than 27 of
their

Sachems

& Chief Men

In April 1752 Commiffions and Inftrudions were given to Meff" Jofhua Fry, Lunfford Lomax, ad James Patten, to treat with the Six United Nations on the River Ohio, which proceedings at large were alfo, as I am informed fent home, to your R-' Hon'''" Board. But the reafons above-mentioned, have induced me to fend to your Lord"" a copy of that agreement made the 73"' June 1752 at Shanapins Town, and which I find was figned by feven of their Chiefs. Since thefe Tranfadions, this Colony in partictdar have had no meeting with any Indians on the affair of lands. The Hon'''' Peter Randolph, and W Byrd Efq" were Commiffioned to go into the Cherokee Country to prevail on them to March a number of their Warriors to join His Maf'^'' forces before Fort du The irregularity of thefe Indians in their Marches, and the Revenge Quefne. taken of their Infults by our Inhabitants, and the fatal Scalping Law {which I got
repealed foon after
I too
fore feeing and dreading the confequence) have been, immediate caufe of the Cherokee War. No mention was made of the fettlement of Lands, or any complaints made about it in this expedition of Col. Randolph and Col. Byrd. / have alfo inclofed to your Lord"" a copy of paper I received from Gov.' Hamilton in my late excurfion to the Northward, which your Lord"' will find very

my arrival,

much

fear, the

full

agreements made with the Indians by the Commanders of his Maj-''^'' Forces, and the promife and affurances given the Indians in relation to
as
to all the late

on their hunting grounds. Thefe papers will I imagine give your Lord"' all the fatiffadion you require, but if you fhould have occafion for anything further I will immediately on receiving your orders, tranfmii all you Defire to your R' Hon'''" Board.
fettling

I muft

now

obferve to your Lord"', thai no complaints, have ever been

made
the

as I have been informed, and as your Lord"' will fee by the minutes of the Council

which I have inclofed lands due Weftward


believe

to

you, from any Indians whatever, or any claim

made on

of this
to the

Colony, tho the Indians about Pittlburgh have I

White people's fettling on lands to the Weftward of the Allegany Hills. It may not be improper on this occafion to fignify to our Lord"' that the Two Proprietors of Maryland Pennfylvania, have appointed Comto run their By the conline, which they are now adually about. divifion miff" verfation I had with two of thofe Commiff' at Philadelphia, / find the proprietor of Pennfylvania expeds to gain a good deal of the Land always fuppofed to be in this province. I was afked what I fhould do in that cafe; to which I anfwered it was time enough for the Colony of Virginia to interfere when they had run their line the

made objcdions

&

length
I

Bancroft Traiifcripts Library of Congrefs.

[xv]
But I fubutmoft extent of their proprietors grant. proper His Maj''^ would not he for mit it to your Lord''" confideration, whether it to appoint a Commiff' to attend the running of this line, fo as to a [certain the
length of

Maryland and

to the

Quit Re>!ts

to the

Crown.

Applications have been

made

to

me

in Council for Patents of

Lands on Hol-

fton's and Clinche's Rivers which form part of the waters of the Miffiffippi, behind the Cherokee Country, hut all thefe petitions I have poftponed the confideration
of, till

I am informed of His Maj-'"''' am with the greateft refped


]\Iy Lords,

pleafure relating thereto.

Your

Lord''" moft obedient

and devoted Serv'

FRAN: FAUQUIER.
brier

After due confideration of the claims of various Indian tribes for lands on the Greenand New Rivers, it was determined that no adlion fhould be taken by Virginia at

This refulted in the matter coming up for confideration at various times By thefe agreeuntil the treaties of Hard Labor and Fort Stanwix^ became effedlive. ments all claims fet forth by the Indians to the territory in difpute were at an end, and Virginia had no further dealings with either the Six Nations or the Cherokees, whereby
that time.

was acquired, except in 1772 when a large tra(5l of land in what is now fouthweft Virginia, Weft Virginia and eaft Kentucky was acquired, and again in 1775 when the laft tradl, now lying in Kentucky, Virginia and Tenneffee, was purchafed. Having thus effeftively dealt with the Indian queftion, it was hoped that a general
territory

peace could be maintained throughout the Colonies. This condition of affairs, however, was deftined to be of fliort duration, as war had already been declared by Great Britain againft Spain. This adl upon the part of Great Britain, gave rife to the queftion of

whether or not Virginia would be willing to raife a new regiment, fince the old one which had been the pride of the colony, was difbanded againft the wifhes of the people. The uncertainty of the adlion upon the part of the Affembly had been expreffed by Governor Fauquier in various letters to the Lords of Trade, he maintaining that there was every reafon to believe that great difficulty would be encountered in bringing about fuch a refult. In his opening addref s to the Houf e of Burgeffes on Tuefday, March 30''', 1 7 62 he fet forth in detail the necef fity for concerted acfbion upon the part of the Colonies, and made a formal demand in the name of the Crown for a Virginia regiment, to be incorporated into the regiment on the "British Capitol Eftablifhments now in America." The following day the Houfe of Burgeffes, in reply to the Governor's addrefs, made it at once apparent that there would be no difficulty encountered in getting fatiffadtory legiflation
,

through that body. In the Council, however, a different condition of affairs exifted, four gentlemen of that body maintaining that it would be impoffible to defray the expenfes of a regiment without the ufe of paper currency. This at once gave rife to a renewed effort to again emit paper money, which privilege had been denied the Colony by Parliament. It was maintained that the exiftence of war was a fufficient reafon for iffuing this grade of currency, which in time of peace was not thought to be effential to the progrefs of the Colony. So it was when the matter came to an adlual vote in the Council, the meafure creating the regiment was only carried by a fmgle vote. The bill' was finally paffed, however, and provided for recruiting 1,000 men and appropriated 30,000 potmds to pay and clothe them. This amount was raifed by a tax of one fhilling on every tithable perfon in the colony. Governor Fauquier in his communication of April 8* 1762 to the Board of Trade, fet forth the various circumftances furroimding the paffage of the Regiment Adt, he maintaining that the paper money queftion was a mere pretenfe, though it was
a plaufible argument againft the
bill:

My Lords,
It is

Wilhamfburgh^ Apr:

8.

1J62.

with the greateft fatiffadion I


3

am

able to inform your R' Hon''''

Board
that

"

]^ Journals Houfe of Burgeffes, 1766-1769, p. xxvi Hening, Vol. VII, p. 494.

Bancroft Tranfcripts Library of Congrefs.

xvi

that the doubts expreffed in


'"'''

my

letter of

24, Feb'' fent by Capt"

Adams

in His

Maj-

fhip Diana, in relation to the Affembly's raifing a new Regiment after difbanding the old one, were ill founded; for to the honour of this Colony, the Affembly which I called on the receipt of His Maj-''^'' requifitions made known to me by
his Secretary of State, no fooner met than the Burgeffes immediately voted a Regiment of 1,000 Men be fides the quota demanded of them by Sir Jeffery Amherft to This almoft recruit the Regiments on the Britifh eftablifhment now in America.

unexpeded condud of His Maj-''^'' moft loyal and dutiful fubjeds of the Colony and Dcnninion of Virginia, / make no doubt will be reprefented by your Lord''" to His Maj-''" and his Miniftry in the favorable light which it really deferves. I paffed an Ad yefterday for this purpofe and then, prorogued the Affembly, which

ad

I fhall tranfmit to your Lord"" as foon as I can get

it

out of the

office fairly

tranfcribed.

The
5, but
it

Bill paffed in the houfe of Burgeffes by fo great a majority as


difficulties
it

66 againft
its

pafpaffed by one voice only viz' 5 ag" 4. When the Bill was ready for the Council, there were but fix Councillors in Town, who, I was informed were fuppofed to be equally divided in opinion; if fo, the Bill muft have
fage thro' the Council, where

met with great

{which your Lord''" would not exped) in

dropH

want of a majority to carry it. I therefore de fired the Speaker to ftop the Bill in his Houfe till I could fummon the Gentlemen of the Council who were in the Colony to attend, which I did accordingly, and by that means I am of opinion I carryed the Bill. The difficulty with the Council lay about a new Emiffion of paper money neceffary to fupply me for the recruiting fervice, which the four Genfor
the Bill made a foundation for a proteft a copy of which I your Lord'*" with the Ad. For fome reafoiis which appeared to me, I think the paper money was a pretence, as it was a plaufible argument againft the Bill, and that they would have oppofed it at any rate; for the three Gentlemen who pufhed me to difband the Regiment before I received his Maj''^'' requifitions, and even before I had that notice from Gov' Boone, which the Burgeffes had addreffed me to procure {to withftand which meafure, I was obhged to have recourfe to all my firmnefs) were the fame who joined in

tlemen

who were againft

fhall fend to

this proteft; trufting that if they could

once get the Regiment difbanded, the Coun-

try

would not confent

to the

raifing of a

new

one.

But in

this their expectations

When your Lord"" confider their were fruftrated, to the credit of the Colony. addrefs at the opening this feffion, I am inclined to think that your Lord"'^ will be
induced
to

be of

my

opinion; and when this is joined

to the ftruggle

they made, that


it

I fhould immediately difband the Regiment at the clofe of the laft Seffion, almoft puts it beyond doubt.
It is neceffary for

me

to

obferve to your Lord''" that on this occafion, I have

and poffibly the great earneftnefs which whole behavior, might have induced fome Gentlemen, who have always fhewn great regard to m,e to vote for the Regiment. What I would infer from, this is, that attempts of this nature will generally fail of fuccefs, when they come to
ftretched

my

influence to the utmoft pitch,

appeared in

my

be repeated; therefore, I hope, I fhall not have occafion to try


for myfelf, that

it

again;

for, the'

I can

promife fail, I cannot promife for others that it fhall I inclofe to your Lord"'^ a Duplicate of the paper I rec.'' from Gov.' Hamilton, which I had not by me when I have the honor to fend the other Duplicates to your
for

my zeal

His Majefty's fervice fhall never have the fame happy effed.

Right Hon''" Board.


I

am

with the greateft refped

My

Lords
obedient

Your Lord"' moft

and

obliged

humble

fervant.

FRAN: FAUQUIER
The

xvii

The war with Spain being


as a matter of prudence.
at Stahhiaker's until the

pradlically over

the Governor argued that the regiment created

when the November Affembly convened, by the preceding affembly be maintained


Affembly agreed, the regiment remaining

To
firft

this fuggeftion the

day of May 1763, when it was to be marched to Fort Lewis, of and difbanded. Indian matters, however, continued to enAngnfta, in the County gage the attention of the Colony, and various delegations from the Cherokee Nation vifIt was evident that a feeling of diffatiffa(5lion ited Williamfburg from time to time. prevailed among the Indians, which finally refulted in much bloodfhed, and was not fully and fatiffa(5lorily fettled vmtil the treaty at Hard Labor, in South Carolina, on Odober 13*'' 1768. At this time a large fedlion of land, what is now fouthweft Virginia, Kentucky and Weft Virginia, was ceded to Virginia, which, in conjunction with the treaty at Fort Stanwix on November 5"' 1768, eftablifhed the claim of the Colony to the territory extending from the Alleghany moimtains to the Ohio River.

communication to the Board of Trade under date of May i^' 1762, calls particular attention to the vifit of one of the various delegations which journeyed to Williamfburg that year. It is apparent from the tenor of this communication, that fome doubt exifted in the mind of the Governor as to the refult to be derived from fuch an intercourfe with the Indians, though every precaution was taken to pleafe them and their ideas were carefully confidered
Governor Fauquier
in his
:

W"''burgh'

May

i,

iy62.

My

Lords.

In the

letter

I had the honor

to

write

formed you as

to the

name
on

Road

to this place, for

of the Chief his arrival, I

to your Lord^'" of the j6"' ulf I inifinWarrior of the Cherokees who was on the found it was not Conogotocko who is old,

who came here to confirm the peace lately concluded between his Maj'^'' fubjeds and their Nation. This Chief is a man of great influence among them being reputed the boldeft warrior of the Nation, and a Man of Integrity, not talking, as they exprefs themfelves with a double tongue. He and the Little Carpenter have ufually been heads of different parties, and was for that reafon one of the laft who acceded to the Treaty, tho' he has been the foremoft to treat our prifoners with humanity, and to releafe them. By the Belts of White Wampum, his talk, and his whole manner, he appears to me, to be more to
but their Chief Warrior Skiagufta Oconefta,

upon than his antagonift, though he has not his parts, nor fuch command of words. As the Little Carpenter had formerly been in England, he moft earneftly folicited me and the Council that he might have permiffion to go to England to fee the great King his Father, and judge whether the Little Carpenter had not told them lies, on whofe veracity I found he did not much depend. On deliberating upon this, it was the advice of His Maj''^'' Council, that I fhonld reprefent the inconveniences and dangers he would be expo fed to on the fca, by the Enemy and by This precaution was taken left any accident befalling diftempers in Europe. him might inflate his people imagining it might be done by Treachery. In the prefbe depended

ence of many of his followers he heard this, perfifted in his refolution of going The Council conceiving it might be of very great utility if he might be permitted.
to the

&

Colonies, for
of our

Grandeur
they were

him to King and

more

likely to

number of our people the Warlike powers ive had at Command, by which be kept in order by us, than if they ivere ignorant of our
be perfonally informed of the
the great

ftrength, advifed mc to fend him and to fupply to Capt" Blake of His Maj''^'' Sloop L'Epreuve now ready to fail with a few fhips under his convoy to take him on board, which he very readily confented to do. I have accordingly put him, two

Capt" Blake's Sloop, to be England. I am confcious, ^Ty Lords, that fuch guefts are troublefome to His Maj''^'^ Minifters, but it appears to me to be of fo much moment to the peace and intereft The of the Colonies, that I hope I fhall ftand excufed for having taken this ftep.
of his followers

and a

faithful Interpreter on board

tranfported

to

Indians
Bancroft Tranf cripts Library of Congrefs.

[ xviii ]

Indians will be accompanyed by M' Timberlake an Enfign in our Regiment, who has been in the Cherokee Over Hill Tmvns, and is much refpeded by the Indians; he

went from our Camp down HoKton's River and up the lanaffee, and has found it navigable for Batteaus ivhich draw lo or 12 inches water, all the way, by which we find, that we have a good convenience for Men Stores or Merchandize into the very
heart of their Country.

He

River, a fair copy of which is by


It

has made a draught of the courfes bearings of the my order preparing for Sir Jeffery Amherft.

&

may

be proper to inform your Lord"" that

my

condud towards

thefe

and

all

other Indians has varied a

I have never courted little from that of my predeceffors. much, but have always behaved to them with the utmoft good faith; and in my conferences, with great firmnefs and an affeded fuperiority as the Governor of a great King; which feems to me to have the effed I propofes from fuch a Condud. This very Man was here in Gov' Dinwiddie's time much careffed and courted, having the Gov''' Coach to attend him and his Squah; but this treatment he has not received from me, yet I apprehend, I am as much in his good efteem as the late Gov-

them

fo

ernor was.
I

am

with the greaieft refped

My Lords,
Your Lord"" moft
obedient

& devoted fervant


FRAN: FAUQUIER.
of the officials at William-jburg

That a

feeling of itnreft exifted

upon the part

was

clearly eftabHflied early in 1764,

when the Home Government determined

to fubdue the

Northern Indians, who had been conftantly haraffmg the border fettlements during the Sir Jeffrey Amherft in advifing Governor Fauquier of this intention upon the part of the Crown, diredted him to require the Colony to form a regiment of 500 men to adl in concert with His Majefty's forces in this campaign. He maintained that the weftem border of Virginia was being haraffed, and that a vaft fedlion of land which now comprifes the State of Weft Virginia, was not only claimed by the Six Nations, but aKo by the Cherokees, and that the time had arrived for Virginia to affert its rights and effedt a permanent underftanding as to the ownerfliip of the lands in queftion. Upon receipt of this letter the Governor at once called the Affembly to meet on January 12^^ 1764, at which time he made known the demands oi Great Britain and requefted immediate adlion in the matter. The affembly, however, failed to comply with this requeft and adjourned after being in feflion only nine days. The reafons for not carrying the wifhes
preceding year.
of the

Crown

into

eflfedl

are fet forth in the following addrefs of the Burgeffes to the


'

Gov-

ernor, in reply to his opening ftatement


Sir,

on the condition of

affairs in the

Colony

Having conlidered with

ferious Attention that Part of

your Honour's

Speech, enforcing the Requifition of his Excellency General Amherft, repeated by the Honourable Major General Gage, we are concerned to find that Meafures
fo wifely calculated to ftop the Progrefs of thofe Cruelties practifed by our favage Enemies on the Frontiers of this and the other Colonies cannot receive Aid from us, under our prefent Circumftances. The difficulty of raifmg Men to aflift the common Caufe during the late War made it expedient to difpofe of large Bounties to encourage their entering into the Service, which, with the Expenfe of fublifting them, involved us in the dif agreeable Neceffity of emitting Treafury Notes, to circulate for a limited Time in Lieu of ready Money, of which none could at that Time be obtained. Troops now to be raifed would expedt the like Boimty, and be attended .with the like Expenfe and as we cannot purfue the former Method of providing for them without raifmg the Clamours of the Britifh Merchants trading to this Colony, and thereby incurring minifterial Cenfure, we are compelled, from the Neceffity of the Cafe, to decline a Meafure that would otherwife have met with our Approbation and Affiftance. This
;
1

Page 212

xix

This, Sir, obliges us to reft the Defence of the Frontiers

upon our

Militia

which, tmder your Honour's wife Diredlion, we have reafon to hope, from the Experience of laft Summer, will prove effedlual.

On
to the

Feb. i^^^ 1764, Governor Fajtg/wer

communicated the

decifion of the Burgeffes


little

Board

of

Trade, and ftated that the feffion had proved of


a(5ls

importance,

and that only a few

of

minor note had been paffed


W"''bHrg}n Feb'^' jj. 1764.

My Lords,
Soon after my arrival in this Colony from affifting at the Congrefs held at Augufta in Georgia with the Southern Indians, by His Maj''^'^ Commands, I rec'd a letter from Sir Jeffrey Amlierft requiring joo Men from this Colony to Ad in concert wtth His Majefties forces on the Britifh Eftablifhment, to bring the Northern Indians to reafon, who were become extremely troublefome to His Maj'/y'" fubjeds This requifition was repeated by of this and the neighboring Colonies. On the receipt of thefe letters, by the advice of His the Hon'''^ Major Gen' Gage. Mafy'' Council, I called an affembly to meet on the 12"' Jan''', who after fitting nine days broke up without complying with the requifition, and entering into the meafures propofed to them by the Commander in Chief of His Maj''^'^ forces. On the feventh day of their feffion, the Houfe of Burgeffes prefented an addrefs to me
giving their reafon

why

they did not think

it

advifable for them in the prefent fitua-

tion of their affairs to enter into this meafure.

This addrefs together with

my

fpeech at the opening


it

the feffion

and

the addrefs of the Council

I have the honor to enclofe to your Lord^^^.

and Burgeffes upon They paffed fome Ads, but none of

any

great importance which I fhall tranfmit to your Lord^''' as foon as tranfcribed.


It

was agreed among the Governors for His Maj''^' before we parted at Augufta, and Treaty fhould be printed, this was done at Charles Town. / have not yet received any copies tho' I have expeded them for fome days, as foon as
that the conferences

they arrive I will do


I

my felf

the

honor

to

tranfmit a copy

to

your R' Hon'''' Board.

am

with the greateft Refped,


Lord^''^

My

Lords

Your

moft obedient

&

devoted Servant.

FRAN: FAUQUIER.
Again on July 23'''^ 1764, the Governor advifed the Board of Trade that the were becoming very troublefome to the inhabitants on the frontier. He aKo called attention to the fad; that the reception given the Cherokee delegation when in England, had caiifed others to feek to indulge in the fame pleafures, and that he had referred thofe applying for this privilege to John Stuart, Supt. of Indian affairs of the Southern distridt
Indiavts

My

W^'burgh' July 23"' 1^64.


Lords.
I

am

forry to inform your Lordfhips that the Indians continue to be very trou-

blefome

to the

inhabitants on our frontiers, tho'

we have a

large body of militia {the


to

only forces the Affembly would allow

me

to

employ) out on fervice

proted them

and annoy the enemy wherever they appear. The reception given to the Cherokees who were laft in England has incited fome others of the Nation to apply to me for a liberty to gratify their curiofity, and make themfelves of more confequence to their Nation by fo doing. But as I faw no immediate occafion for troubling His Majefty's Minifters with a fecond vifit from guefts of that fort, I have put them by, and
told

them on all occafions in which their bufinefs did not immediately concern the Colony under my government, they muft apply to M'' Stewart whom His Majefty had appointed Superintendent of Indian Affairs for fuch purpofes.
.
. .

I have nothing further to trouble

your Lordfhips with but

that I

am

with great

resped
I

Bancroft Tranfcripts- Library of Congrefs.

^x

refped

My

Lords
obed.' obliged

Your Lord fhips mo ft

and devoted Sew.'

FRAN: FAUQUIER.
Stuart refufing the requeft of the Indians to vifit England, cauf ed
of difcontent

no uncertain degree
affairs,

among

the Cherokees on the,Virginia border.


of feveral Indians in Augnfta

This condition of

affociated with the


refulted in

murder

County early

in 1765, nearly

an uprifmg of the Cherokees, and but for the timely


certainly refulted.

efforts of Colonel

Lewis

war would have

The circumftances furrounding the killing of thefe Indians, is fet forth in a clear manner in a letter from Colonel Lewis to Governor FauIn this communication the Governor was quier, dated Augufta County, May 9"" 1765. advifed that a party of friendly Indians en route to Winchefter were attacked by the whites and maffacred. He further advifed the Governor that he would make every effort pof fible to prevent an uprifmg and that j uf tice would follow when the murderers
were brought to
Hon'''' Sir,
trial

Augusta County,^

May

the

9*

1765.

if

Yefterday a very unhappy affair was tranfaded near Staunton, which may, On the fifth of this not timely guarded again ft, prove very fatal to this Colony.

came from our frontiers to Staimton, fame of them I was perfedly acquainted with; they gave me to under ftand that they were defigned for Winchefter and would be glad of a pafs, as they were from thence to go to war
inftant a party of Cherokees
to meet fame other warriors beyond Fort Cumberan Interpreter prevented my making them fenfible that their travelling thro' our country, even with a pafs, where they might not be known, would be attended with danger on their part. However on finding them determined to go, after they had refrefhed themfelves two nights, they were provided with proper colours and a pafs. There was ten in number their two principal men's names was Nocoknowa and Choconantee. They marched about five miles and lodged in an outYefterday morning as foon as houfe on the plantation of one John Anderfons. it was light a party of villianous bloody minded rafcals, notwithflanding they knew they were Cherokees and had a pafs, attacked them in the mo ft treacherous manner, killed their Chief and four more on the fpot, and wounded two more. The five poor creatures that made their efcape has taken the woods and will undoubtedly reach their Nations as quick as poffible they can, or at leaft fame of them will get home. In order to quiet the Chiefs of the Cherokees and if poffible to reftrain the whole Nation from taking fatiffadion at their own hands I have wrote to the Chiefs of the Over Hill Towns, from whence this party came, and has fent it to the hand In of Col. Chifwell, defiring him to find means of fending it as quick as poffible.

againft the Ohio Indians, and was


land.

The want

of

my

letter to their

Chiefs, I have endeavoured to perfuade them that your

Honour

them fatiffadion by ordering the murderers to be apprehended and put to death, and defire them to take no rafh fteps, as they may be affured your Honour will loofe no time in writing to them by exprefs. From what I can learn the number of the villians that committed this murder is between 20 and jo; the names of the two ringleaders is William Cunningham and John King one of the party was wounded by an arrow, to wit James Clendening; he was taken afterwards re fcued by the others before he reached the gaol. No doubt but it will be your Honour's pleafure that thofe fellows may be brought to juftice, and will fend me inftrudions what fteps to take, with warrants figned by your Honour. Inclofed you have a copy of the letter I fent to the Chiefs of the Over Hill Towns.
will undoubtedly take every juft
to give
;

means

&

I am,

Your Honours mo ft obed' & very hum. Serv'

AND'" LEWIS.
Replying
I

Bancroft Tranfcripts Library of Congrefs.

xxi

Replying to this communication five days later, Governor Fauquier ftated that he had laid the matter before the Council and the Houfe of Burgeffes, which were then in feffion, and that immediate fteps would be taken to make amends for the adtion of the

A uguft militia
Wilkamfburg'
Sir

May

14"'

1765.

Your meffenger which brought your


of the barbarous attack

letters

containing the melancholy account

on the Cherokee Indians arrived here yefterday. I immediately laid them before the Council and the Houfc of Burgeffes who were then You can better conceive than I defcribe the fhock they received at the news, fitting.

and the abhorrence and

deteftation they expreffed of fo


all poffible

inhuman an adion.

They

dread bad confequences and have taken

meafures in their power to avert young condud your men, with what face can they complain this is the them. of If Can they produce greater inof Indians ivho are more than Indians them felves?

and perfidy among the moft barbarous Nations? Yet I imagine any Indians fhould appear on our frontiers they would be among the firft to call for protedion, and by militia to put this Colony to the expence of twenty or thirty thoufand pounds to defend them. I would afk themfelves whether they deferve protedion? and if hereafter they fhould be left to fight their own quarrels with the Indians without the lower parts of the Colony interfering in their difputes, they have no one to blame hut themfelves. I wifh your County were made fenfible of the rifque they run of lofing their property if not their lives by following and permitting But it is time to quit the difagreeable part of this affair, thefe atrocious pradices. and fee what is to be done to ftop the impending dangers which threaten us. The prudent meafures you have already taken meet with an univerfal approbation and yon are hereby required to ufe your utmoft endeavors yourfelf and fpirit up all the other Magiftrates to ufe theirs, to apprehend the reft of thefe villians, and when an examining Court {as the law direds) has been held upon them, to raife and arm as many men as you can fafely depend upon, and as are neceffary to efcorte them down to this gaol, to prevent a rifque. By the Proclamations I have fent you {which you muft difperfe) and by the Refolve of the Houfe of Burgeffes, you fee how much the country is in earneft to apprehend thefe cruel, and I may add, cowardly murderers. I have fent for Abraham Smith whom I defign to fend exprefs into the Cherokee Country with a letter to their Chiefs, and feveral of the Proclamations, to confiances of brutality
if

vince them,

if poffible, that

am

taking every ftep

to

bring the criminals

to juftice,

and

to

give them fatiffadion.

God grant

the endeavors of myfelf

and

the

body
to

of

the country

may

have the defired good effed.

I further defire you will fpeak

M'

Hart the prefent High Sheriff, & let him know that it is my earneft defire that he would himfelf impannel a jury to try thefe Criminals, out of the Gentlemen of the County which are moft diftinguifhed by their property knowledge impartiality and integrity; and not leave it to the Under Shei'if, who may probably fummon ignorant men who have little or no property to lofe, and of courfe have lefs reafon to dread as they have lefs ability to forefee confequences. I have only to add that I have nothing more to wifh for from you than the continuance of that zeal which you have exerted on this occafion, and for which I am much obliged to you. I am Your humble Servant
Silas

FRAN: FAUQUIER.
After forwarding his letter to Colonel Lewis, the Governor at with theCherokees, announcing at the fame time the regret expreffed Williamfburg upon being advifed of the murders in Augufta, and Lewis would at once take fuch fteps as were neceffary to bring

once communicated by the authorities at


ftating that Colonel

about a fatiffadlory

ending of the unfortunate

aflfairs

My
I

Bancroft Tranfcripts Library of Congrefs.

[ xxii ]

W'"'biirgh'May

i6, 1765.

My Dear Friends and

Brothers.
to tell

I have the melancholy news

you which

grieves

me

to the heart,

having the

fame concern for what happens to my brothers the Cherokees as jar the white men under my government. I have been informed by one of my great Captains Colonel

Andrew Lewis whom many


entertained by

of

you know;

that ten of

your Nation

after being kindly

of our young men, who, contrary to the laws of this country and the treaties of friendfhip fubfifting between us, have killed five of your people. Col. Lewis tells me he has already fent a meffenger into your Toivns to inform you

a much

larger

him as number

brothers for two nights, were moft barbaroufly fet

upon by

of this

difmal

affair.

ing
they

to take the reft.

He has already taken two of the murderers and is endeavorWhen his letters came to me our Affembly of wife men were
and
deteftation of this

fitting,

who fhew came to, and

their abhorrence

adion by

the Refolutions

the

Proclamation they defired

me

to iffue,

copies of which I here-

The with fend you, that you may fee what part this country takes in your caufe. great rewards offered in the Proclamation will I hope be a means of taking the reft
leaftmany of them. It isthe commandof the great King George, and it is my fmcere wifh and defire, that we fhould live in perpetual friendfhip with our brothers the Cherokees. And when you cooly confider the fteps I have taken in this affair, I hope you will be fully convinced that it has been owing to the ardor of fome hot headed inconfiderate young men whom yourfelves own you cannot
of the criminals or at

given them by

fometimes reftrain from mifchief, and not to any countenance or incouragement Your people were kindly me or any body in authority under me.
entertained by

my great warrior
to

Col. Lewis.

march through the country as brothers and friends.


murders he went
nals.

bewail his beloved brothers.

He gave them a pafs and colours to When he was informed of the He apprehended two of the crimiof this

He was
it.

the firft to give

you informaticni

unhappy

affair.

We

have

taken the fault wholly on ourfelves and have not charged the Cherokees with any
fhare in
I have iffued a Proclamation offering great rewards for taking the reft
of the offenders, being willing to give

my

Brothers all the fatiffadion in


to live

Are not
promife
as
if

tliefe

the

adions of friends who defire

in peace?

my And I

power.
hereby

to

do you the ftridefi juftice on the

offetuiers, in the

fame manner exadly

had killed white men. Having in this open candid and friendly manner fet the whole affair before you without concealing or difguifing any part of the truth; I hope the cool wife men of your Nation will ad in the fame manner and reftrain their young men from taking any revenge, till further events convince them of the fincerity of our intentions I hope to do them jtiftice and give them, ftdl fatiffadion for the injuries done you. you will take pains to keep the path clean between our people and your Nation, that meffengers may pafs freely and fafely between us that we may jointly ufe our endeavours to prevent an effufion of blood between brothers. I fhall fend two copies of this letter by different meffengers into your Nation, being defirous you fhould receive one as foon as poffible, to convince you of my good intentions to you, who
they

has never yet deceived you.


I fhall now take my leave of you with wifhing that the chain may be held faft by both and kept bright as long as the fun fhall fhine or the rivers run. Given under my Hand and Seal the fixteenth day of May, one thoufand feven

hundred and

fixty five.

FRAN: FAUQUIER.
1765, the Governor advifed the Board of Trade of the information forwarded him by Colonel Lewis, and ftated that he feared that the people on the frontier of Virginia were more anxious for war than for peace, he believing that the increafed pay to militiamen was a diredl refult of the border troubles of the time. Furthermore

On May

2 6"

he
I

Bancroft Tranfcripts-Library of Congrefs

xxiii ]

he recommended to the affembly that they repeal the claufe in the Militia A(fl that augmented the pay of foldiers, and that until this was effecfted, one of the ftrongeft forces in favor of war with the Indians would remam in full force and effedt. In the meanwhile Colonel Lewis was exerting every effort at his command to apprehend the murderers of the Indians, and after having fucceeded in arrefting three of them, one was refcued and two given their freedom by the jailor, in whofe cuftody they were entrufted. This information Colonel Lewis conveyed to the Governor on June 3"^
1765:
Aitgufta County,'
Sir,

June

y'

y'

1765.

In my laft letters to your Honor I mentioned the taking of James Clendening and Patrick Dtiff y, two of the murderers of the Cherokees. Clendening was refqued Duffy was in prifon three nights; on the 4"' a numbefore he reached the prifon. ber {as is believed by the Gaoler and fome others) not lefs than one hundred armed men pofted themfelves round the prifon, fome of them entered the houfe of the gaoler and demanded the key of the prifon; it being refiifed them, they, after ufing fome violence and many threats, with axes broke the Prifon door and carried off the faid Duffy, declaring at the fame time that they had moft of the County to back them, and that they would never fuffer a man to be confined or brought to juftice for killing of
Savages.

Since I received your Honor's letter with the Proclamation, M' Jones who is King's Attorney, and I, had the Depofitions of feveral perfons taken, in order to difcover the murderers; by which it appears that William Ciminghame and John King was the ringleaders, that William Young, James Clendening, Alexander Robertfon, Patrick Dtiffy, Charles Bafkins, Hugh Bafkins and William Anderfon, were of the number that committed the murder. Upon which warrants were made out and put in the hands of the Sherifs for apprehending them; but none of them is yet taken. The Gaoler being fworn declared that he knew but two of the men that broke the prifon; there is warrants out for the apprehending them. From what has happened and from what I am able to judge of the number and difpofitions
of the banditti;
it

will be impoffible {if

any

of the

murderers be taken)

to

confine

can be brought to juftice by the ordinary mehtods of law; for unlefs the perfons that might take them were enabled to carry them down to Williamfburg as foon as apprehended by fome authority from your Honor, they ivill undoubtedly be refqued. Near the place where the murder was committed is found dead another of the Cherokees from what I can learn it is the young fellow called Choconante, fon of the Standing Turke, who was for fome time Chief of the Cherokee Nation. Every thinking perfon efpecially thofe that are moft expofed to the depredations of the
this
it likely that they
;

them in

Country, nor is

Cherokees, dread the confequences of this unhappy affair, as it is too likely the injured Cherokees will look for fatiffadion in their own way; and with what face can we plead with the Government for affiftance when an ad of our own {and I am forry I have it to fay fo generally approved of us amongft us) fhould be the caufe

However in juftice to the people that live on our frontiers I muft fay they had no hand in it. When they firft difcovered the Indians they colleded fome armed men, whoe went to the Indians, and on their
of all the diftreffes that

may

befal us.

finding them to be by all likelyhood Cherokees, they not only fuffered them
to

to pafs Staunton, but fent from place to place a white man with them. Some days after the murder was committed, a poor unhappy blind man and his wife was killed by two of the Indians that made their efcape. This indeed is no more than what I expeded, that they would leave behind them, a mark of refentment.

am
Your Honors moft obed'. and very humble Serv'. AND^^'

LEWIS
The

Bancroft TranfscriptsLibrary of Congrefs.

xxiv

Lewis to bring the guilty parties to juftice met with much indignation in Augnfta County, and on June 4**' 1765, a body of men ftyling themfelves " Augnfta Boys" iffued a proclamation offering a reward of 1,000 pounds to anyone arrefting Colonel Lewis, and fetting forth at the fame time another verfion of the murder, which they maintained was juftified, owing to the fadl that the Indians conftituting the party were not Cherokees,hut belonged to the Shawanefe and Delaware tribes

The

efforts of Colonel

PROCLAMATION^ OF THE AUGUSTA BOYS

JUNE
Anguftas'

4 1765.

A PROCLAMATION.
Augnfta Boys in heart are and do profefs ourf elves His prefent Majefty's (King George the Third) true and leige fubjeds, and unhappy we being on this very verge of His Majefty's Dominion, have, by the unparaled deceit of an infidious and cruel heathen enemy been repeatedly diftreffed, and find it impracticable to maintain the legal rights granted us by His Majefty, and think it expedient to adl in the offenfive when any of thofe our known enemies prefumes \mder the pretence of friends (without a warrantable pafs) to pafs among us. And as there was a party of Indians to the number of ten, which lately travelled into our territories, fome of which was known and proved to be of the Shawnee and Dellaware Nations, and a few of them endeavored (as we fuppofe) to fhade their fpecious defigns under the appellation of their being our friends viz', the Cherokees, and as the faid Indians obtained a pafs from Col. Lewis for reafons we fuppofe only known to himfelf it appears and is apparent to to us that he the faid Colonel Lewis is not attached in heart to his prefent Majefty
,

We

or his liege fubjecfts

out of our fmcere love to our Sovereign and his intereft, and our candid love to jtiftice, do promife a reward of one thoufand poimds for the taking of the faid Col. Lewis, that he may be brought to jviftice, and for Dodl''. William Fleming and Captain William Crow of Staunton five hundred poimds

We therefore,

And we do further Luke Bowyer if they, each for offer a pardon to Lieu' Michael Thomas and himfelf provide a ftring of beads &c. that they may live as formerly without depending alone on the fmiles of Col. Lewis, otherwife let them inftantly repair out of our Sovereign's Dominions to that of their defired French King. Our hearts are true unto our Kings. And means all rebels down to bring.
each, as

deemed by us Dupes and

Parafites in faid cafe.

This information Governor Fauquier commimicated to the Board of Trade on June admitting at the fame time that the Colony did not poffefs ftrength enough to He further ftated that the wifer enforce obedience to law in the mountain region. courfe to purfue was to be extremely prudent, rather than attempt vigorous adtion in Augufta County. This determination upon the part of the Governor, was no doubt due to the ahnoft imiverfal feeling in that fedlion that the prefence of any Indian was
14"' 1765,

obnoxious to the fettlers in that region. He aKo ftated that a band of men calling themfelves " Paxton Boys of Pennfylvania, " had fent a meffage to the people of Augufta County, that if they were not ftrong enough to refcue perfons arrefted for murdering This conIndians that affiftance would at once be forwarded from Pennfylvania. wholly eliminated was not which afpedt, gloomy created a naturally affairs of dition until the end of 1775, when all of the territory that had occafioned a difpute between
the Colony and the Indians for years became Crown lands. Such was the condition of the Indian affairs in Virginia at the time of the Refolutions againft the "Stamp Acft. " The feeling or unreft which feemed to be the moft

prominent fubjedl for difcuffion on the border, was admitted to permit of but one folution and that the complete conqueft of all of the territory now conftituting the States
of

Bancroft Tranfcripts Library of Congrefs.

XXV

of

was everj'where proclaimed that war with the was averted from time to time, by the various treaties already alluded to, the ultimate refult was the fanguine and bloody encounter In this memorable battle the triumph of the whites over of 1774 at Point Pleafant. the red man in Virginia was fettled for once and for all, and, while roving bands of Indians committed many depredations along the borders for )'ears thereafter, no efTort So it was that the great to prevent the fupremacy of the whites was ever attempted. queftion of the acquifition of /)/t/m lands by Fir^znia was finally and eflfedlively fettled, and the beautiful valleys of the Shenandoah and the Ohio opened up for fettlement.
It

Weft Virginia and Kentucky.

Cherokees was inevitable, and while

it

During the period between 1760 and 1765, the queftion of the Colony's credit was
a matter of

and the

neceffity for the emiffion of paper

bid fair to

The conftant flucJluation in the value of gold and filver, money, had created a condition of affairs that bankrupt the Colony. Owing to a law then in force, gold and filver coins had
deliberation.
in this

much

a value far beneath their real worth, which pradlically eliminated fuch fpecie from circula-

country were unable to meet their obligations to merchants little afide from the adlual neceffities of life being imported. In order to effedl a change in the money fyftem of the Colony and bring about a fatiffadlory adjuftment of this queftion, the Virginia merchants prefented a remonf trance to the Board of Trade, fetting forth their indebtednefs to foreign merchants and calling As it was for an eftabliflied bafis upon which money values could be determined. riot thought that Governor Fauquier was favorable to the theories advanced by the merchants at this time, he was not made acquainted with the provifions of the petition, which related in part to the queftion of future emiffions of paper money. This remonftrance to the Board of Trade was followed early in 1763, by a petition of the London merchants to the fame body, in which they fought an adjuftment of the differences between them and the merchants in Virginia. Thefe petitions being favorably received at once made the queftion an iffue which remained in an unfettled ftate until 1764. Governor Fauquier in his communication of July lo"' 1762, called attention to the remonftrances of the Virginia merchants which he claim^ed to be a mere fubterfuge, and that the real purpofe of the Colony was to be free from the expenfe of maintaining This statement, however, is not upheld by the refolution a regiment in Virginia. adopted by the Burgeffes on Saturday, May 28*'' 1763, when they maintained that Treafury Notes had always been accepted by London merchants in payment of sterling debts, and that the holders of fuch notes, having accepted them under a law making them legal tender except in payment of quitrents, should and muft be protected
tion.

Merchants

abroad, which refulted in

W^'burgh,

"

July loth Tj62.

My Lords,
I have been informed, that feveral of the Merch'' of this Colony have figned a Remonftrance to be prefented to your R' Hon'''' Board in relation to the future

paper money; but I am utterly ignorant of its contents, any more it having with great induftry been concealed from me, fo I believe it has been confidently that I have never been able to get at a fight of it. faid, even by fame of the Remonftrants themfelves, that the drift and aim of it was to get quit of the expence of the Regiment, which the Legiflature has fo cheerfully given for His Majefty's fervice; well knowing that the Regiment cannot be fupported without Emiffions of paper money; there being neither gold nor filver in the Colony, owing to a Law now in force, which fets a value upon Cold and filver coins, far This inconvenience beneath their real worth according to the prefent exchange. is fo fenfibly felt, and the caufe now fo generally allowed, that it is fupported an all
Emiffions
of

than the public Rumour,

hands, that fame regulations and alterations will be

made

Affembly, which will meet to fit Lord^''^ are the moft competent Judges, what degree of encouragement ought to be given to any particular fet of Men, who remonftrated again ft the Ads of the Legiflature; which is a pradice feemingly getting foot in this Colony, fince the example
1

on

the Country's bufinefs

in the enfuing feffion of on the 2"^ Nov; your

fet

Bancroft Tranfcripts

Library of Congrefs.

xxvi

]
to

fet

by the Reverend the Clergy, who could not be brought


remonftrate againft the ad, after

make any

application
but chofe

for the redrefs of their grievances to the General


to
it

Affembly while
. .

fitting,

was paffed.
ob' Se:'vant,

Your moft

FRAN: FAUQUIER.
Again on November 3'''' 1762, Governor Fauquier advifed the Board of Trade, that if any iffue was to arife during the Affembly then in feffion, that it would be entirely due to the queftion of paper money. He aKo alludes to the great rife in the exchange value of currency, which he attributes to the increafe of imports, and further ftates that the tobacco crop of the year will not fuflfice to meet the indebtednefs of Virginia merchants
:

W'"'burgh' Nov'

y'

1762.

My Lords,
As the Gofport, fhip of War is now arrived to take under her Convoy the homeward bound Trade to Europe, / fhall take the opportunity of tranfmitting to your R' Hon'''" Board the Box of Ads and other public papers which has been long
ready waiting for fuch a fafe conveyance. My Affembly met yefterday in good humor, greatly fatiffied with His Maj''^'' approbation, of their conduA fignified to me by Sir Jeffery Amherft, fo that I am in
favour.
to merit His Maj''^'' any obftrudion to the meafures propofed to them, it will arife altogether from the Clamour ab' Emiffions of paper, without which I do not The great fee how we could poffibly have reaifed a Man for His Maj''^'' fervice. rife of Exchange is altogether attributed by fome Men to the Emiffions of paper currency, but I am entirely of opinion there is a much more fundamental caufe for

hopes, they will do every thing in their power to continue


If there fhould be

this rife, to wit, the Increafe of the Imports, to

fuch a height, that the crops of Tobacco

will not

for them, fo that the Colony is fo far from having money to draw for in England, that they are greatly in debt already to the Mother Country, which debt

pay

is daily increafing

truth,

which fome

of the

as the Merchants of Grat Britain too fenfibly know. This is a moft thinking Gentlemen of the Colony fee and ackyiowledge,
is fo difagreable
it,

but at the

fame time

a truth

to the generality, that they obftinately

fhut their eyes againft

are not prudent enough to quit

and what is to be done to remedy it, I know not, I fear they any one article of luxury, till fmart obliges them.
your Lord"'^

I thought

it

neceffary

to give

my

fentiments on the true caufe of the


of this

prefent high exchange of which I fear your Lord"" will hear from the Merchants of

London, who, as I

before wrote

your Lord'^^ are aded upon by Gentlemen

Country, for they had fat down quiet imder the prefent Laws of the Colony, by which their Sterling Debts are adually fecured to them. There is fuch a warmth at prefent
in this Colony about this; that I thought
it

abfolutely neceffary to take notice of

it

in

my

fpeech at the

opening

this feffion, to
it

recommend

cool deliberation

on the I have

fubjed, which I thought the importance of

demanded.

For

thefe reafons

herewith troubled your Lord"'^ with a copy of confequent upon it are not yet prepared.
I

my fpeech on the occafion;

the addreffes

am

with the greateft refped

My
Your

Lords

Lord^f" moft obliged

and devoted
9"^ of

fervant,

FRAN: FAUQUIER.
The Affembly meeting on the
1

May,

1 7

63 Governor Fauquier called particular


,

attention to the queftion of the Sterling debts of the Colony and urged that fome
diate adlion be taken to bring about liquidation.

imme-

time the fituation had become very acute, the Burgeffes having refented the a(5tion of the merchants in attempting to fettle their differences without fubmitting their plans to the Affembly for confideration. This body had already given the queftion much time and thought, and while they were

At

this

willing
I

Bancroft Tranfcripts

Library of Congrefs.

xxvii

willing to enadt fatiffadlory laws, they maintained that fuch a courfe

was impoffible

This the merchants doubted and in aid of Great Britain, which at fought the once eflfedled a rupture and refulted difagreeing in an indefinite poftponement of the final fettlement of the queftion
unlefs fpecie could be fecured for circulation.

GENTLEMEN OF THE COUNCIL, Mr SPEAKER, AND GENTLEMEN OF THE HOUSE OF BURGESSES,


have called you together before the Time to which you ftood prorogued, on Bufmefs of the greateft Importance to the trading Intereft of this Colony but to that of our Mother Country. You may remember that on a former Application of the Merchants of Great Britain trading to Virginia, I was honoured with an Inftrudlion from his Majefty that I fhould recommend it to your Confideration in what Manner you could better provide for their Security in recovering Sterling Debts due from this Colony to them Your Negledl of that Inftrudtion has now drawn on you the Cenfure of the Right Honourable the Board of Trade, for that Behaviour. On a frefh Application of the Merchants to their Lordfhips, they have come to feveral Refolutions on that Head, which I fhall immediately lay before you. I have never yet deceived you, and I will not now attempt it but, in plain Language, inform you that all Endeavours to evade their Force will prove fruitlefs, and plunge you ftill deeper in his Majefty 's Difpleafure. It is abfolutely neceffary that fomething fhould be done to give the Merchants that Satiffadtion for which they call upon you, and for which, in Cafe of the Integrity of your Hearts, and of your Defire that every Man fhould receive full Payment and Satiffadtion for the Debts due to him, whether contradled in Sterling of current Money, whether he be an Inhabitant of Great Britain or Virginia, I am fully perfuaded you will immediately do every Thing in your Power to do them the The Means of effedting this I fhall ftridleft Juftice, and remove their Fears. leave to the Refult of your own Deliberations, after recommending two Points to your Confideration. As the Support of public Credit is of the moft urgent Importance to a trading Cotmtry, I muft prefs you to take Care that the Paper Money now in Currency may be effedlually redeemed at the Times ftated in the Adts of Affembly paffed for that Purpofe, either by better providing for the Colledlion of the prefent Taxes, if fuflficient for the End propofed, or laying fome additional Tax, if the prefent are found infufficient for the Purpofe, that the Periods for redeeming the fame may not be protradted. Another Point I would recommend to you is the repealing the infolvent Law, paffed laft Seffion of Affembly, before it can take Place and have any This Meafure muft fully convince his Majefty, his Minifters, and even Eflfedl. the Merchants of Great Britain themfelves, of your upright Intentions, and your Defire of doing Juftice to all Mankind for upon your reconfidering that Law you will find that the Advantages to the Debtor and Creditor arifing from it are not mutual; and that a Debtor has it in his Power to adl with great Partiality, by paying particular Creditors before he is reduced to give up the Whole for the Satiffadtion of the others. This is a Point which you may be fure cannot be overlooked, and which muft neceffarily turn to your Difadvantage, if you do not put a Remedy to it yourfelves. After thus reprefenting to you the Situation of your Affairs with the Right Honourable the Board of Trade, I fhould not do Juftice to their Lordfhips who compofe that Board were I not to point out their Lenity in poftponing any Obfervations on your Condudl, or any Report to his Majefty in your Diffavour, until they had communicated their Refolutions to you, to give you Time to reconfider thefe Matters coolly, and remedy the Evils complained of. For this
I
, :
;

Purpofe

xxviii

Purpofe they have not only fent them in to me, but have given Copies to M-Abercrombie and M' Montague, to be by them tranfmitted to every Branch of
the Legiflature.

perfuaded I have faid enough to convince you of the Utility and Neceffity of your engaging heartily in the Meafures enforced by the Refolutions of the Right Honourable the Lords of Trade and as the leaft Appearance of Reproach muft fenfibly affedl feeling Minds, I fliall quit this vmpleafmg Subjed;, to enter upon one which muft communicate Joy to all true Lovers of their Country, I mean the Conclufion of a moft glorious and honourable Peace between his Majefty and all his Enemies, of which happy Event I take this Opportunity
I

am

American Colonies is a further Proof of his Attention to their Intereft and Security, and demands the ftrongeft Returns of Loyalty, Obedience and Aflfedlion, from us.
to congratulate with you.

The Care

his Majefty has taken of his

Mr speaker, AND GENTLEMEN OF THE HOUSE OF BURGESSES,


This glorious Profpedl of a folid and lafting Peace will afford you an Opportimity of particularly attending to the Finances of this Colony, and of putting them on a Footing which may tend to the Advancement of the Trade and Credit of the Colony, and the Security and Satiffadlion of the Merchants trading to it, and which may correfpond with the Sentiments of the Britifh Miniftry as to the

Eftablifhment of the Currency of the Colonies; for the anfwering all which good Purpofes, I doubt not you will provide with your ufual Prudence and
ImpartiaHty.

GENTLEMEN OF THE COUNCIL AND OF THE HOUSE OF BURGESSES


have recommended to your Confideration call upon you for your moft ferious Reflexion, and I hope you will enter upon them with that Degree of Eameftnefs and Harmony which the Nature of them requires from

The Points

you.

Replying to the Governor's addrefs on Friday 20*^ May, 1763, the Burgeffes maintained that they did not think it equal or juft to circulate notes without giving them the
value of

money by making them

legal tender

SIR,

We his Majefty 's moft dutiful and loyal Subjects, the Burgeffes of
now met
in

Virginia,

General Affembly, humbly beg Leave to reprefent to your Honour

that as our feveral Emiffions of Treafury Notes, fo loudly complained of, were made in Confequence of his Majefty's Requifitions, when it was impoffible to procure Specie for thofe Exigencies; and there being no other Succedanemn

than Paper within otu" Knowldege, we could not expedl what we then did would be confidered othei-wife than as A(5ls of Duty to our Sovereign and we hoped that Expedient, not indeed in itfelf always eligible, was juftified by Neceffity: And we do not think it equal or juft to circulate fuch Notes without giving them the effential Quality of Money, by making them a legal Tender in Payment of all Debts, except for his Majefty's Quitrents, and would not have emit;

ted them at

upon any other Conditions. That after the Courts were empowered to diredl at what Difference of Exchange Judgments for Sterling Debts fliould be dif charged, which Power had never been abufed to the Difadvantage of any Creditor, and as the Notes were redeemable by Funds fufficient, in our Opinion, for that Purpofe, if the Taxes impofed were duly colle(5led, for regulating and enforcing which Colledlion the moft effedual Methods have from Time to Time been eftabhfhed, and that none of them could fuffer, except from the fluduating Nature of Exchange, which no Laws can guard againft; and therefore we did not apprehend we fhould
all

deferve Cenfure as negledling the royal Inftrudlion, the Spirit of which, humbly conceived, had been complied with.

we
Under

xxix

Under fuch Circumftances, we cannot help confidering it as an Inftance of Weaknefs or Caprice in the Britifh Merchants, ftill to infift on Satiffadlion in thefe Points, efpecially when the E\'il they complain of, the exceffive Rife of Exchange, will be fufficiently balanced by the Advantage they muft inevitably receive from its prefent declining State. We, Sir, are fo confcious of the Reditude of our Intentions with refpedt to all Creditors, and of our having done, as we conceived, the ftricftcft Juftice to them, that we cannot help feeling very fenfibly the leaf t Appearance of Reproach on this Account but left we may have been miftaken in our Conceptions, and as well to convince the World of our Integrity and Inclination to do Juftice to all Mankind, as to pay that Regard which is due to your Honour's Recommendation, of whofe Sincerity we have had too many Inftances to doubt it upon this Occafion, and to whom we own ourf elves obliged for that Freedom with which you have warned us of our Danger, we will reconfider this Subjedl with the Coolnefs and Attention the Importance of it deferves, and affure your Honoiu: that every Thing in our Power fhall be done for the Support of publick Credit And although our Condudl herein may not entirely remove the Fears of all the Merchants, permit us to hope it may prevent his Majefty's Difpleafure, which we fhould lament as our greateft Miffortune, and fhall ever moft ftudioufly
;

endeavor to avoid.

aKo take the infolvent Law under our Confideration and remove all Caufes of Complaint on that Head, if poffible. We do moft heartily rejoice with your Honour on the Conclufion of the Peace, an Event not more glorious to his Majefty than it will be happy for us, whiKt with that is continued the additional Bleffing of his princely Attention to our Intereft and Security, which fhall ever meet with the warmeft Returns of Gratitude, Loyalty and Affection.
will

We

The Governor in his communication of Aiay 24*'', 1763, to the Board of Trade, notes the apparent diffatiffadlion exifting in the Affembly, and urges that no notice be taken of fuch parts thereof as indicate the difpleafure of that body
W^^burgh^

May 24""

My Lords,
In the addrefs of fome warmth againft
the Burgeffes there appears, as the

1763

Merchants

of

your Lord'*" will obferve Great Brittain, whom they think they

fupport by their confignments of Tobacco to them, and by whom they think they have been ill ufed on that account; but by the pains I have taken, I, with the concurrence of the moft reafonable part of the

Members

of that

body I have now fome


into every thing

reafon

to believe that they will to

cooly ccnfider matters

and come

recommended
it

advifable to

them or expeded from them. In my anfwer to this addrefs I thought take no notice of the warm parts of it, but pin them down to fuch af-

furances and Refolutions as I thought would beft anfwer the prefent purpofe. Lords, I am with the Greateft refped.

My

Your Lord'^' moft obedient and devoted

fervant

FRAN: FAUQUIER
As the
refult of the

Governor's efforts to adjuft the finances of the Colony, the

Affembly appointed a committee on Monday 2^^ May, 1763, to inquire into the funds for the redemption of paper currency, the matter being referred to Meffrs. Bland, Richard Henry Lee, and Benjamin Harrifon. This committee reporting on Tuefday 24"^ of May, it was refolved that the notes eftablifhed for the redemption of the treafury notes at the feveral ftated periods were fufficient for the purpofe, and if a deficiency occurred it fhould be met by a new and adequate tax. It was further refolved that a committee be appointed to take the Governor's addrefs into confideration. This committee after feveral days confultation prefented a report for the confideration of the Houfe on Saturday

Bancroft Tranfcripts

Library of Congrefs.

XXX

Saturday 28"^ of May. M'' Charles Carter, Chairman of the committee appointed to prepare this addrefs prefented the fame, whereupon it was read and agreed to by the
Houfe. In this addrefs the Affembly declared that the poffeffors of treafiiry notes had received them with the underftanding that they were legal tender, except for his Majefty's quitrents, and that any law contrary to fuch an underftanding would be an
injuftice to the people

SIR,

Your Honour having, with your accuf tomed Candour and Goodnefs, communicated to us the Complaint of fome London Merchants trading to this Colony to the Right Honourable the Lords of Trade and Plantations, and their Lordfhips Refolutions thereupon, we took the fame under our ferious Confideration, and find ourfelves tinder the Neceffity of vindicating the Integrity and Uprightnefs of our Proceedings, every Way, in our Opinion, confiftent with our Duty to our King, and the true Intereft of our Coiintry. Our Dependence upon Great Britain we acknowledge and glory in as our greateft Happinefs and only Security; but this is not the Dependence of a People fubjugated by the Arms of a Conqueror, but of Sons fent out to explore and fettle a new World, for the mutual Benefit of themfelves and their common Parent: It is the Dependence of a Part upon one great Whole, which, by its admirable Conftitution, diffufes a Spirit of Patriotifm that makes every Citizen, however diftant from the Mother Kingdom, zealous to promote its Majefty and the public Good. By fuch a Spirit, and by fuch Principles, Sir, hath our Condudt ever been influenced and we hope we may, without Arrogance, take this Character to ourfelves, fince our late and prefent Sovereigns have been pleafed frequently to beftow it upon us for the Part we took in the late War, when we did, as far as we were able, contribute to the Succefs of the Britifh Arms. This Condudt, though it hath received the royal Approbation, a Reward adequate to our warmeft Wifhes, hath neverthelef s involved us in a great Debt
;

which, as
if

it

was created

for the nobleft Purpofe,

we fhould

cheerfully fuftain,

the Merchants had not raifed a moft unreafonable Clamour againft our Paper

Bills of Credit: In the

Emiffions of which, when a true and particular State

of the Fadts fhall be laid before you, and the Matter rightly underftood, we doubt not a Zeal fo well intended will rather be imputed to us as meritorious

than
of

liable to any Exception. The Memorial, we are concerned to find, is fupported by a Proteft of fome We would leave this Proteft to its Repofe, imtil his Majefty 's Cotmcil here.

have been defigned, fhould think it worth a Peiiifal, had it not been commtmicated by the Authors of it with a View to alarm the trading Intereft, and applied to Purpofes, and produced Effedls, which we hope the Protefters themfelves did not intend; but fince that hath raifed the Apprehenfions of the Memorialifts, and inftigated them to folicit the Interpofition of the Right Honourable the Board of Trade, we muft do Juftice to It is alleged " that the Want of a ourfelves by examining the Grounds of it. fufficient Quantity of circulating Money was at firft the Pretence of iffuing Paper Bills of Credit. " This is fuppofed to have meant, as it was tmderftood, to infinuate that thefe Emiffions were to anfwer private Purpofes; but, if it be remembered that all our neighbouring Colonies had long before adopted, and moft of them repeated, the Expedient of Paper to fupply the Want of Specie in Time of Peace, but that we did not follow their Example before the laft War, after all our Treafure was anticipated, and that even then we chofe at firft to borrow ;^io,ooo granted for his Majefty's Service, at the high Intereft of fix per Centum, and never, until after that Refource failed, went into a Meafure fo
Pofterity, for
it is

whom

faid to

little

"

[
little reliflied,

xxxi

and always, except

in

one Inftance of
:

trifling

Confequence, con-

Amoimt of the Notes to the Money granted If thefe notorious Truths are admitted, we leave it to the Judgment of the Difinterefted whether at fuch a Crifis, when an adlual Invafion threatened, if not timely and vigoroufly opfined the

pofed, our total Extermination, the powerful Principle of Self Prefervation,

co-operating with the Requifitions of a moft gracious Sovereign, are not cient to acquit us of any fordid or unjuft Motives.
It is faid in

fuffi-

the Proteft

"

that the Apprehenfions of the Mifchiefs that muft

be the Confequence of iffuing more Paper

Money were
it

fufificiently

warranted by
iffued, a Defi-

the acknowledged Deficiency of the Taxes for finking

what had

ciency fo alarming to a preceding Affembly that

aftonifhed the

Warmeft

Advocates for Paper Money." By whom this acknowledgment was made, or what Part of the Affembly was alarmed at it, we know not but this we know, and do affert, that there are no warm Advocates for Paper Money among us, further than to preferve the Credit of what hath been iffued, and prevent the evil Confequences of ftopping its Circulation at this Time and that no fuch Deficiency ever appeared, or was alarming to, or acknowledged by us. Indeed, upon Examination of the Treafurer's Accoimts, it appeared that many Sherifi's had not paid in the Taxes received by them, and therefore fo much Money was not annually burnt as was intended by the Laws. This railed the Refentment of the Houfe againft thefe Officers, and confiftently with their uniform Intentions to ufe every Method for enforcing regular Colledlions of the Taxes, and finking annually the due Proportion of this Paper they ordered the Sheriffs in Arrears to be profecuted on their Bonds, which, as our Laws have provided a fpeedy Remedy againft them, and they give fufficient Security, hath already brought in a confiderable Part of thofe Arrears, and will, we hope, remove all Caufe of Complaint on that Accoxmt. But this Negledl in the Officers is very diftinguifhable from an Infufficiency in the Taxes, which we never doubted were fufficient, if properly colledled, to eflfedt the Purpofe of Redemption and we are now confirmed in this Opinion, by a full State of the Notes in Circulation, and of the Taxes, which we have catifed to be truly drawn, and annexed hereto, for the Satiffadlion of your Honour, and every Perfon
; ;

concerned.

From this it will appear that the diffenting Members of the Cotmcil were betrayed into a too hafty Affertion of thefe Fa(5ls, by a Warmth arifing from a Difference of Opinion about the Utility of the Law whereto their Proteft related of which we will now take Leave, and proceed to the Confideration of
;

itfelf and the Refolutions of the Right Honourable the Board of Trade thereupon. Our Reafons for not providing at this Time for the fuppofed Deficiency in our Taxes, will appear from what is before fet forth but to exprefs, what we always conceived, that our publick Faith is engaged to fupply any accidental Failure in thofe Taxes, we have upon this Point come to the following Refolu-

the Memorial

tion:

"Refolved, That

it

appears that the Funds eftablifhed for the Redemp-

tion of the Treafury Notes, at the feveral ftated Periods, will be fufficient to

but that if, by any Accident, they fhall happen to fail, any Deficiency ought to be fupplied by a new and adequate Tax. The next Thing pointed out to us is the declaring thefe Notes not a legal Tender in Payment of Sterling Debts, but that they may be received by fuch Creditors only as are willing to accept them, and then not at their nominal Value, but according to the real Difference of Exchange between fuch Paper Bills and Sterling Money at the Time of Payment. In entering upon this Confideration we encotmter a Charge which very deeply affedls us, that we have been wanting in a proper Refpedt to the Crown,
effedl

that Purpofe

as

xxxii

what was recommended by his late Majefty's Intru6lion of the 31 '' of January, 1759 When that Inftru(5tion was communicated to us by your Honour, we confidered it with the Attention and Regard due to whatever comes from the Throne but, as we muft be allowed to judge for ourfelves, fo far as our Sandlion is neceffary to any Law, and could not be convinced that the Meafure propofed was proper, we did indeed decline to pafs fuch a Law, but at the fame Time, in an humble Addrefs and Reprefentation to his Majefty, modeftly fet forth the Reafons of our Condudl, which we prefumed to hope would preferve us from the Imputation of Difrefpedl to the Crown, and from royal Difpleafure. And as we heard of no further Complaints from the Britifh Merchants on this Subjedl, from that Time until the Meeting of this Seffion, we concluded they were fatiffied of our Intentions to do them Juftice and we can venture to fay that had we known our Reafons were not fatiffa(5tory, it would have prevented feveral fubfequent Emiffions, and particularly the laft, which gave Rife to the prefent Complaint. The MemoriaUfts allege that Exchequer Bills and Notes of the Bank of England were not made legal Tender in Payment of Debts, although they are upon a better Eftablifhment than our Notes, and deduce an Argument from
; ;

as well as in Juftice to the Britifh Merchants, in reftifmg to comply with

thence againft ours being declared fuch Tender, not confidering, as we conceive, the true Diftindtion in the Cafes, The Notes of the Bank of England, circulated

upon Stocks of Specie, depofited to anfwer Payments when demanded, were not forced upon any Perfon, nor was it neceffary There was no Doubt of their anfwering every local Purpofe of Money; and when the Cafe of Remittance to foreign Countries Specie became neceffary, as they could obtain that for their Notes, no poffible Fears could prevent the willing Receipts of them, and make a Law to compel an Acceptance proper. We cannot deny but this makes that Kind of Paper preferable to ours, and we fhould gladly have purfued fo eligible a Plan, if our Circumftances would have admitted it; but when it is confidered that the Want of Specie, which had been drawn away by the Armies to the Northward, was the fole Caufe of iffuing our Notes, there will require no other Reafon to be affigned for our not circulating them upon the Footing of Bank and Exchequer Notes. We had, therefore, no other Method than to emit thefe Notes to circulate their Return to the Treafury, or Gold and Silver fuffiAnd fmce we were to force them cient to redeem them by the Time appointed. as Money upon our Army, and thofe who fumifhed them with Neceffaries, we conceive it would have been very uiijuft to have left their Creditors at Liberty to take it of them or not and the fame Injuftice muft have happened wherever it had been f topped. We therefore thought ourfelves obliged not only to give it that effential Quality of Money, to make it a legal Tender in all Payments, but to add feveral other Reftridtions, to prefer\'e its Credit, and prevent the
; ;

Defigns of the Avaritious to depreciate it for their private Gain. But at the fame Time we confidered how the Intereft of the Britifh Mer-

if

chants might be affedled by this Money, and, at leaft as far as was in our Power, not effectually, fecured that from Injury.

We

ever confidered ourfelves as under an Obligation to difcharge our

Debts contracted in Great Britaifi, either in Sterling Money or foreign Coin, received by Confent of the Creditor, or his Attorney here, as fuch a Rate for the Difference of Exchange as would place the Money in Great Britain without If the Creditor and Debtor could not agree about this Difference, as lofs.
Reference to Arbitration, or to the Courts of Juftice, was the only regular Method of fettling it between them. But as the Demand, and in Confequence the Judgment, was for Sterling Money, and until the Year 1748 there was no

what Rate of Exchange Sterling Debts fliould be difcharged, the Confequence was that the Sheriffs, when they levied Money by Executions on Judgments for Sterling, demanded what Exchange they thought proper, to
dire(5ting at

Law

the

xxxiii

and without any Advantage to the Creditor. Alfembly then thought proper The to put a Stop to fuch unjuft Proceedings, and, by the Adl, entitled. An Ad declaring the Law concerning Executions, and
the great Oppreffion of the Debtor
for Relief of infolvent Debtors, dire(5led for

fuch Executions for Sterling

Money

Centum, the real Difference of Money, and the then Difference of Exchange. The Britifh Merchants complained of this Adt, and reprefented that they might be confiderable Lofers when Exchange fliould rife above 25 per Centum, which the Affembly took into their Confideration, and endeavoured to provide a Remedy for. They knew that, as Exchange is fluctuating, they could not do Juf tice by fixing it to any certain Standard and therefore, by the fubfequent Law taken Notice of in the Memorial, they empowered the Courts, where Sterling Judgments fhould be obtained, to fettle at what Rate of Exchange the fame fhould be difcharged, which they conceived would enable the Britifh Creditor to place his Money there without Lofs, as it was not doubted but the Courts would be governed by the higheft Exchange given at the Time for Bills drawn payable in Britain. But the Memorialifts fay, this is not an ample Security of their Property againft the evil Confequences of Paper Money being declared a Tender for their Debts. We will beg Leave to confider their Reafons, in Support of this Affertion in the Order they have mentioned them
to be levied at 25 per
;

The

firft is,

they are advifed that the

Law

of 1748

is ftill

in Force,

having

amending Law could not obtain as the former remained imrepealed. This amending Law is not fufpended for his Majefty's Approbation, but, from the Terms of it agreeable to the royal Inftrudtions was in Force from the Time of its paffmg here until his Majefty fhall declare his Diffent and Repeal thereof; which not having happened, and the Courts here allowing the Force of that amending Law, and adling according to the Spirit thereof, we conceive it would have been more for the Intereft of the Memorialifts to have folicited his Majefty's Approbation of that Law, if they thought it neceffary, than to have founded Objedlions on its not being in Force and if the royal Diffent, or any Determination here, that the Law was not in Force, had turned to their Prejudice, they then might have complained with Reafon
received the royal Affent, which the
;

on

this

Head.

The next Objedlion to this Remedy is, that it is left to the Colony Judges to fettle the Exchange upon Sterling Judgments in fuch Manner as they fhall think reafenable and juft, which they fay is introducing a Mode and Form of We have before obferved that when Jtiftice unheard of in the Britifh Realm. we have not Sterling Money to pay Debts due in Great Britain, the Debtor is left to compound with his Creditor for Payment in foreign Coin, or Treafury Notes, at fuch Rate of Exchange as they can agree on if a Difpute fhall arife
;

on that Head, which they cannot adjuft between themfelves, to whom can it be referred, but as all other Difputes are, to the Courts of Juftice, the true conftitutional Refort? And we cannot difcover what the Memorialifts mean by calling this a new Mode of Jtiftice, tmlefs it be that the Point fhould be tried by a Jury, and not by the Courts, in which, if we erred, it was from a miftaken Opinion that the latter would prove in this Inftance the moft competent and impartial Judges. And as the Courts have conftantly, in the Exercife of this Power, allowed the higheft Rate of Exchange, as fettled by the general Confent of all the Traders, at which Bills of Exchange upon Great Britain were fold at the Time, we humbly infift that Sterling Debts are virtually paid in Treafury Notes, not according to their nominal Value, but according to the real Difference of Exchange between them and Sterling Money. But it is faid, Experience hath fhown, in many Inftances, this Mode to be infufficient, in as much as the Exchange hath rifen, between the Time of the Orders of Court and a Poffibility of the Creditors obtaining a Remittance, to his Difadvantage

xxxiv

Difadvantage. We allow there have been fuch Inftances, but we mtift be permitted to fay the Difadvantage hath hitherto been fmall and inconfiderable, of a cafual Nature, againft which no human Laws can provide, and for which therefore we cannot fuggeft a Remedy; and the Injuries fuftained will be fully compenfated by the Advantages the Creditors mxift inevitably receive, in the fame Proportion, from the prefent declining State of Exchange. By the Method propofed, inftead of this objedled to, the Creditor is at Liberty to refufe this Paper unlefs paid him at fuch Rate of Exchange as he is pleafed to demand and we fubmit to all Mankind to determine which is moft liable to Objedlion, to

under the Obligation of an Oath, to do equal and impartial juftice, or to the Creditor, under the Temptation of Intereft, to take Advantage of his Debtor's Neceffity, and extort fuch Differences as might be very oppreffive, which we conceive would diredtly tend to deftroy the Credit of our Paper Money, and introduce the greateft Mifchiefs. We hope we have fully explained the Jioftice and Neceffity of having made thefe Notes a Tender in all Payments, guarding as we did the Intereft of the Sterling Creditors; and if this was originally right, every Argument muft For, doubly militate againft an Alteration at this Time in this effential Point when thefe Notes have been allowed to circulate feveral Years, and the prefent Poffeffors have received them tmder the Faith of a Law which obliged their Creditors to take them in the fame Manner, to take away that Obligation, and to ftop the Paper in their Hands, would be an Adl of Injuftice, which, in our Opinion, bears no Proportion to any poffible Injury the Sterling Creditors ftiftained, or can receive, from continuing the Notes on their prefent Footing. For thefe Reafons, after the moft mattire Deliberation, we cannot alter our former Opinion, and have come to the following Refolution Refolved, That as the prefent Poffeffors of the Treafiiry Notes have received them vmder the Faith of a Law making them a legal Tender in all Payments, except for his Majefty's Quitrents, to alter that effential Quality of them now would be an A6t of great Injtif tice to fuch Poffeffors and that as the Britifh Merchants have conftantly received, and under the prefent Regularefer the Decifion to difinterefted Judges,
: ;

tions of our

Laws

will continue to receive

fuch Notes for their Sterling Debts,

according to the real Difference of Exchange between this Colony and Great Britain, at the Time of Payment, their Property is fo fecured as to make fuch
Alteration unneceffary with Refpedt to them.

In advifing the Board of Trade of the adtion of the Affembly, Governor Fauquier
ftated that he

was unable to comply

ftridlly

with

its

demands

" for

the better eftabhfh-

ing the credit of the Treafury Notes. "

He further ftated that the Burgeffes contented themfelves with fending him a long addrefs fetting forth their reafons in the Treafury
Note matter:
W^^burgh^ June
i''

i^dj.

My

Lords.

And now, My Lords, I am forry to fay I could go no further, for inftead of complying ftridly with the fatiffadion your Lord'''' demanded for the Merchants
Treafury notes, the Houfe of Burgeffes a very long Addrefs containing reafons for their condud with the ftate of the Treafury accounts, and the produce of the Taxes annexed; which I have enclofed to your Lord"" with my anfwer in the Box with
the better eftablifhing the credit of the

and for

contented themfelves with fending

me

Taxes would really Tax on Tithables is found to encreafe confiderably on the laying of every new Levy, I waved the preffing them on this article, and turned the whole force of my argument in all my converfations with any of the Members of the General Affembly, on the expediency and fafety of taking off the legality of the Tender for Sterling Debts. But the danger
this.

It

appearing

to

me

by the

ftate of the account, that the

fink the whole

paper money by

the

Time

prefcribed, efpecially as the

Bancroft Tranfcripts Library of Congrefs

XXXV

danger of this meafure was by long prejudices fo deeply rooted in their minds, that I think I brought but four Gentlemen over to my opinion, to confider this matter in the light in which I confidered it; and this was done not by any general reafoning,
but by fuppofed cafe, I brought in order to illuftrate

my meaning

which was

this.

I fuppofed that A, a Gentleman of


of very fmall fortune fhould

known

great fortune (indeed I inftanced

M'

Nelfon) fhoidd give out promiffory notes for a large fum, and that B, a Gentleman

do the fame, and that the legiflature fhould give B's money by making them a legal Tender, W* they fhould refufe to A's notes, I afked whether any Man in his fences, would not more willingly take the notes of A without the fandion of a legality by Ad of Affembly, than the
notes, the effential property of

notes of

B with it.

But

like the deaf

Adder, they ftopped

their

Ears.

am

with the greateft refped and Regard

My Lords,
Your
Lord^*^

mo ft

obedient

& devoted fervant.


FRAN: FAUQUIER.

Being unable to accomplifh the wifhes of the Board of Trade in the Paper Money Governor determined that the Affembly fhould be prorogued, hoping therereceive a more favorable confideration of the Money queftion at another feffion. to by In his addrefs to the Burgeffes, at this time, he acknowledged that the taxes appeared to be fully fufficient to anfwer the ends propofed, but maintained that the Affembly fhould have provided for the full payment of all outftanding notes
queftion, the

GENTLEMEN OF THE COUNCIL, Mr speaker, AND GENTLEMEN OF THE HOUSE OF BURGESSES,


When
I

called

you together,

to lay before

you the Refolutions

of the

Right Honourable the Lords Commiffioners for Trade and Plantation Affairs, fotmded on a Memorial of the Merchants of Great Britain trading to this Colony, prefented to their Lordfhips, I hoped and expedled that you would, by fome Adts or Refolves, have removed all future Caufe of Complaint from the Merchants, and given full Satiffadtion to their Lordfhips in all the Points recommended to your Reconfideration. By the State of the Accoimts of the Treafury, and the Taxes laid to fmk all the various Emiffions of Paper Money at the Times ftipulated in the feveral
Adls empowering the Treafurer to iffue fuch Notes, I muft candidly acknowledge that the Taxes do appear to me to be fully fuihcient to anfwer the Ends propofed but, let this be granted What Objection could there have been to your having bound yourfelves, by a formal Refolve of the whole Legiflatiire, to have provided for a full Payment of all the Notes outftanding, by fome additional Tax adequate to the Purpofe, in Cafe of any accidental or imexpedted Deficiency of thofe now in Being? This you might have done with the utmoft Safety; for if the Taxes already laid fhould prove fufficient, no new Burthen would have been laid on the People and if they fhould not, your Honour ftands engaged to make up all Deficiences, however occafioned And then it would have remained with you to have confidered whether the Legality of the Tender of Paper Notes, after fuch Stability and Security given them, might not have been taken off without rifking the Ruin and Deftrudtion of the Colony, fo much dreaded, as the Confequence of removing it. Having Nothing further to expedl from you in this Seffion, I fhall now prorogue you, and you are accordingly prorogued, to the third Tuefday in Auguft next.
; : ; :

Having prorogued the Affembly

to the third Tuefday in Auguft,

that the time was not propitious to difcufs the

Money

queftion, the Affembly

prorogued to Thurfday, January 12"', 1764. During this attempt was made to have the Affembly further provide for the maintenance of the regi-

and determining was again fhort feffion of nine days, an

ment

xxxvi

ment railed during the late war. This the Burgeffes refufed to do, upon the ground that fuch an ad; would again incur the difpleafure of the Britifh merchants, and poffibly Nothing, therefore, was done with the Money queftion at refult in minifterial cenfure. this feffion, though it was taken up and dif cuffed at length.
During the
feffion

addrefs, called attention to a

beginning the 30"' of Odober, 1764, the Governor, in his opening new propofition made by the merchants of Great Britain

trading in Virginia, to have their Sterling debts fecured to them by a payment in SterlHe reafoned that this was perfedlly juft and that it was the duty of the ing money.

Affembly to

eff edl

fuch a refult

GENTLEMEN OF THE COUNCIL, M^ SPEAKER, AND GENTLEMEN OF THE HOUSE OF BURGESSES,


You
are

now met

in General

Affembly, after a long Recefs, to confider of

and go through the Bufinefs of the Country, and fuch other Points as may be In the Courfe of this Seffion many Matters of offered for your Deliberation.
Importance
will

come under your Confideration and by the long previous


;

Notice you have had of the Time of your affembling, I hope I now meet you prepared to undergo with Patience and Cheerfulnefs the Fatigue which a long Seffion unavoidably brings with it. Befides the ordinary Bufinefs of the Seffion, I have it in Charge to lay before
you, and eameftly recommend to your moft ferious Attention, a Propofition made by the Merchants of Great Britain trading to this Colony to the Right
fecured to

Honourable the Board of Trade, relating to their having their Sterling Debts them by a Payment in Sterling Money This is reafonable on the Face of it and the Lords of Trade have left it to you to provide for it yourfelves, by any Means you fhall think moft expedient to effedl that Purpofe, before they referred the Complaints of the Merchants to the Britifh Parliament. This Lenity of their Lordfhips demands a fuitable Return from you: And that you may be the better enabled to anfwer their Expedlations, I fhall immediately lay before you a Minute of the Proceedings of that Right Honourable Board, and the Letter their Lordfhips have fent to me on that Head. By a now Long Experience, I have always found you difpofed to do Juftice to all Men and I hope this Difpofition will induce you to give that Juftice to the Merchants which fhall be fatiffadtory, not only to his Majefty and his Minifters, but to the Merchants themfelves. This Letter I have long fmce received; but being unwilling to give you an additional Trouble, and create an unneceffary Expenfe to the Country, I did not immediately convene you, but poftponed it to this Time, when it was thought proper you fhould meet, as I judged this would anfwer the Purpofe intended: But then, Gentlemen, I undertook to anfwer for you that you fhould enter upon this Matter immediately on your Meeting, that I might be enabled to tranfmit to their Lordfhips your Adts, in Confequence of the Propofition offered you. Time enough for their Lordfhips to make that Ufe of them which they fhould think proper. That I may perform this Engagement, which I have entered into on your Account, I make no Doubt but that you will, without Delay, proceed on this Bufmefs and that the Refult of your DeUberations will do Honour to yourfelves, Juftice to the Merchants,
:

and give

Satiffadtion to the Minif try

referred to by Governor Fauquier and which he tranfmitted to the that body to legalize the tender of paper money in payment of authorized Affembly, As this was in conflict with an act of Parliament, Governor Fauquier, under debts. date of November i6", 1764, ftated that acting under inftructions received from that

The

letter

"

body, he
it

felt it his

likewife ftated that he

duty to had

offer

and recommend that fuch a courfe be


emitted.

followed.

He

alfo received

inftructions to prolong the time in

which

would be

legal to tender

money already
2

Replying
I

Statutes at Large, VI. p. 560.

Bancroft Tranfcripts

Library of Congrefs.

xxxvii

Replying to the Governor's addrefs, under date of Friday, November g^^ 1764, the Biirgeffes declared that no Sterling fpecie being in circulation they could not fecure the debts in the manner fuggefted by the merchants, but ftating that they had " revifed the feveral laws authorizing the Paper Emiffions, and diredling the Rate of Exchange at

which Judgments for Sterling Money hould be difcharged:"


Sir,

Virginia, now met in General Affembly, have had imder moft ferious Confideration that Part of your Honour's Speech recommending the Re-examination of the Complaints of the Britifh Merchants to the Right Honourable the Board of Trade, relating to our Paper Money, with the And that we might proceed with a Refolutions of their Lordfhips thereupon

The Burgeffes of

their

Deliberation that fhould fully evince the Re<5litude of our Intentions,


revifed the feveral

we

Laws authorizing

the Paper Emiffions, and dire(5ling the

Rate of Exchange at which Judgments for Sterling Money fhould be difcharged and have aKo reviewed our Reafons, prefented to your Honour at a former SefThe prefent Propofition being fion, in Support of the Juftice of thofe Laws. only that we fhould fecure the Payment of Sterling Debts in Sterling Money, here, in Great Britain, we examined how either of thofe Payments might be effecfbed and as we have not Sterling Specie to pay here, which the Merchants well know, we could fecure the Sterling Creditors from Injury, in the Receipt of the Paper by no other Means, that we can fuggeft, except by direfting that they fhould be paid fo much Paper as would place their Money in Britain without
;

Lofs.

This,

we
all

are

ftill

of Opinion, the
;

Law

diredling the Courts to fettle the

Exchange on
rity,

Judgments

fully effe(5ls to

which we can add no greater Secu-

without altering our Currency in that effential Part that makes it a legal in all Payments, which we think, we cannot do without violating the Principles of natural Equity, in regard to the prefent Poffeffors. And as we conceive an Alteration unneceffary with Refpedl to the Creditors, and might be attended with Oppreffion as well as Injuftice to the Debtors, we can by no Means agree to that Meafure efpecially as a Payment in Paper is preferable to one in Sterling Specie here, if fuch we had to pay, fince that Specie could not be fent to Britain without a Lofs of Freight and Enfurance

Tender

....

This adlion upon the part of the Affembly was accepted by the merchants in Great
Britain as a satiffadlory adjtiftment of the differences exifting between

them and the

merchants in Virginia. By revifmg the feveral laws authorizing the emiffion of paper money, the long exifting harmony between Englifh and American trade was at once re-eftablifhed. The catifes which led to this rupture largely refulted from the ftringent laws of Parliament, which forbade a proper adjuftment of the finances of the Colony. This was due in no imcertain degree to the imtifual demands on the part of the Board of Trade, which not only was objectionable to Virginians, but would have refulted in the moft gigantic debt of Colonial times. The period from 1758 to the pafling of the refolutions againft the Stamp A(5t was, therefore, one of great financial trouble, and as a forerunner of the Revolution, was largely inftrumental in cementing the intereft of the
Colonies.

The action upon the part of the Board of Trade, in permitting the Affembly to on the Paper Money queftion, was a happy ending of the differences between the merchants in Great Britain and thofe in Virgima. By this act the trade fyftems of the Colony again became operative, and remained upon a fatiffactory bafis to the clofe of Britifh rule in America. The circtunftances which led to this rupture were varied and many, the moft important being the demand upon the part of the Board of Trade for the eftablifhment of the Colony upon a war bafis. Pat
revife the feveral laws

experience

xxxviii

experience had shown the lack of neceffity for a ftanding army in Virgima, and fuch regiments as had been authorized had refulted in numerous debts, which the people

had to meet by heavy and unjuft taxation.


the Revolution

troubles of the Colony, was, therefore, one of great trouble,

The period covered by the financial and as a forerunner of


Virginia with

was

largely inftrumental in cementing the interefts of

thofe of the other Colonies.


Clofely affociated with the differences between the foreign merchants
Virginia, was the

and thofe

in

"Two Penny

Adl, " or

what

is

commonly known

as the "Parfon's

Caufe. "

As already noted one of the moft difficult problems of the Colony was to fecure money for any purpofe. Virginia had been denied the privilege of coinage, and as trade

with Great Britain brought no gold or filver into the Colony, it was, therefore, neceffary for the planters to have a medium of exchange wherewith to pay their bills, and as From time to time, tobacco was the chief produd; the planters ufed it for this purpofe. by an various adts were paffed to regulate this cuftom which was inaugurated in 1 63 2 adl providing for five warehoufes, in which all tobacco intended to be ufed as a medium Subfequent revifions of this law of trade fhould be ftored and properly infpedled. refulted in Infpedlors Certificates and Notes being given at legal warehoufes, which became the main currency of the Colony. Thefe notes were accepted, not only for private but pubHc debts, and the expenfes of the government were eftimated and taxes levied upon tobacco as the bafis of exchange. In 1696 the falary of the clergy of the Eftablifhed Church was fixed at 16,000 pounds of tobacco, which was to be levied by the feveral vef tries and parifhes through,

out the Colony. "Lawful perquifites" alfo exifted in the ufe of the glebes and the monopoly of mairiage and burial fees. This law which accafioned the difpute between the Colony and the Affembly, did not allow for fludluation in the price of tobacco, nor did it prefcribe for a redudlion in the falaries of the Clergy in event of a failure of the tobacco crops. As the abfence of claufes of this nature infured to the Clergy the fame income annually, whether the crops were gathered or not, the law was deemed unfatiffadlory and after being in force for more than fifty years, the Affembly determined to amend it, fo as to diftribute the burden refulting from a failure of the tobacco crop upon This adlion was bitterly oppofed by the Clergy, who mainall refidents of the Colony. tained that their rights as fet forth in the Adl of 1696 were inviolable, and that the Affembly in amending the Adl did fo in diredl oppofition to the Church of England:

AN ACT^ FOR THE BETTER SUPPLY AND MAINTENANCE OF

THE CLERGY.
Whereas a competent and fufficient provifion for the clergy will be the only means to fupply this dominion with able faithful and orthodox minifters whereby the glory of Ck)d may be advanced, the church propagated and the
people edified, and, whereas the law now in force entituled glebes to be laid out, in makeing fuch provifion, doth feem verry deficient and uncertain. Bee it enaded by the Governour, Councell and Burgeffes of this prefent genaffembly and the authority thereof, and it is hereby enaded. That the faid adl of affembly in the printed book entituled glebes to be laid out, and every claufe and article thereof be from henceforth repealed and made void, to aU intents
erall

conftrudlions and purpofes as

if

the faid adl had never been made, any thing in

the faid adl or in

any other

adl to the contrary in

And

be

it

enaded by the authority aforefaid,


in all

any wife notwithftanding. and it is hereby enaded, That all

and every minifter or minifters


dominion incumbent
minifter or minifters fhall

in the faid parifh or parifhes

and every parifh and parifhes in this and therein officiating as have and receive for his or their meantenance the
fimie

Hening,

I, p. 203.

Ibid., III. p. 151.

xxxix

fume of fixteen thotifand pounds of tobacco befides their lawful! perquifites, and that it fliall and may be lawfull for the veftry or veftryes of any parifh or parifhes and they are by vertue of this adl authorized and impowered to raife and levy the fame in their refpedlive parifh or parifhes, as alfo to levy five per cent for colledling and paying the faid tobacco convenient. And be it further enaded by the authority aforefaid, That it fhall and may be lawfull for the veftry and veftries of all and every parifh and parifhes to appoint the church -wardens off whome they think fitt to colledt and receive the minifters or other parifh dues, and the faid perfon or perfons foe qualified as aforefaid, fhall be and are hereby impowered in cafe of non-payment to

make

diftrefs for the fame.

and every veftry and veftryes in this dominion fhall bee and are hereby authorized and impowered where the fame is not allready done to purchafe and lay out a tradl of land for the glebe att their difcretion and att the charge of their refpe(Jtive parifhes. And likewife to build and erredl a convenient dwelling hoiife for the reception and aboad of the minifter of fuch parifh or parifhes att the difcretion of fuch veftry or veftryes. Provided allwayes, and it is the true intent and meaning of this adl, that if any veftry or veftryes of any parifh or parifhes fhall find their parifhes to be fo fmall and poor and not to be able to allow and maintaine a
be
it

An

further enaded by the authority aforefaid,

That

all

minifter as aforefaid, that then application of the veftry or veftries to the gov-

emour

of the time being, that their refpeftive parifhes

folidated to the next adjacent parrifh or parifhes.

the regifters fee feems to be fo


truft,

may be tmited and conAnd, whereas the clerk of fmall an incouragement for an office of foe much

and it is hereby enaded. That every and may lawfully by vertue of this adl take and demand the fume of five pounds of tobacco or frxpence for recording and regiftering every birth, burial or marriage and the church wardens of the faid parifh or parifhes or any other perfon or perfons appointed by the veftry or veftryes are hereby authorifed and impowered to coUedl the fame, or in cafe of nonpayment to make diftrefs.
Bee
it

enaded by

the authority aforefaid,

clerk of the regifter fhall

In 1748 a revifion of this law was effedled which eftablifhed the value of infpedled tobacco at fixteen fhillings and eight pence per one hundred potmds. This was fifty per cent in excefs of the valuation of tobacco in 1696, when the law fixing the clergy's falary

pounds was enadled. It became neceffary, therefore, to effedl an underftanding whereby the annual allowance of the clergy fhould not exceed in aggregate the adtual value placed upon their fervices by this adl:
fixteen thotifand

AN ACT' FOR THE SUPPORT OF THE CLERGY; AND FOR THE REGULAR COLLECTING AND PAYING THE PARISH LEVIES.
I.

Be

it

prefent General Affembly,

enaded, by the Lieutenant Governor, Council, and Burgeffes, of this and it is hereby enaded by the authority of the fame,

That every minifter now preferred, or hereafter to be preferred to, or received into any parifh within this dominion, fhall have and receive an annual falary of fixteen thoufand pounds of tobacco, and cafk, with an allowance of four per cent, for fhrinkage, to be levied, affeffed, colledted and paid, in manner herein
after diredled.

That the veftry or every parifh within this dominion fhall, and they are hereby authorifed and required, at fome convenient time, before the firft day of December, in each year, to meet and lay the parifh levy whereof public notice fhall be given by
II.

And

be

it

further enaded by the authority aforefaid.

the
1.

Hening, VI,

p. 88.

[xl]
the minifter or reader, at each church in the parifh And every veftry is hereby authorifed and required to levy and affefs, upon the tithable perfons in their
:

refpe(5live parifhes, as well the minifter's falary aforefaid, as all other the parifh charges,

and
fix

alio the legal allowances for cafk,

where the tobacco due to any

parifh creditor fhall be contracted for to be paid with cafk, together with the

allowance of
III.

And

be

per centum for colledling the parifh levy. it further enaded by the authority aforefaid, That where any

parifh

is

or fhall

become vacant, by the death or removal


fome neighbouring or other

of their miniftry, the

veftry of fuch parifh fhall have power to levy the falary aforefaid, or any part
thereof, for fatiffying

minifter, or minifters, for

ferving in the cure of fuch parifh during the vacancy.

ther

and paying the parifh levies. Be it furThat the A^eftry of every parifh refpedlively fhall be, and is hereby authorifed and impowered, to nominate and appoint fuch perfon as they fhall think fit, to colle6l and receive their parifh levy,
IV.
for the better coUefting
the authority aforefaid,

And

enaded by

the perfon fo appointed giving bond, with fufficient fecurities, that he will duly colledl, pay, and fatiffy, unto the feveral parifh creditors, all tobacco for them

every fuch colledlor, for his trouble, fhall have the allowance herein before appointed, and fhall aKo have full power and authority, by virtue of this adt, upon refufal of payment of the faid levies, or any part thereof, by any perfon or perfons chargeable therewith, to diftrain the flaves, goods, and chattels, of the party refiifmg, and to make fale thereof, in the fame manner as And if the veftry of any parifh fhall negis by law diredled for other diftreffes ledl or refute to levy the tobacco due to the minifter, or other parifh creditors,
levied:
:

And

in fuch cafe, all

and every the veftrymen

of the parifh neglecting, or refxifing,

party grieved, his, or her executors, or adminfhall be iftrators, for all damages which he or fhe fhall fuftain by fuch refufal or neglecJt. V. And be it further enaded by the authority aforefaid. That in every parifh of this dominion, where a good and convenient glebe is not already purchafed
liable to the acftion of the

and appropriated, a good and convenient tracJt of land, to contain two himdred acres at the leaft, fhall be purchafed by the veftry, and affigned, and fet apart for a glebe, for the ufe of the minifter of fuch parifh, and his fucceffors, in all times hereafter; and where maniion, and other convenient out-houfes, are not
already
erecfted, for

the habitation of the minifter.

It is

hereby declared, and

enaded. That the veftry of every fuch parifh fhall have power, and they are hereby authorifed and required, to catife to be erec5led and built on fuch glebe,

one convenient manfion hotife, kitchen, bam, ftable, dairy, meat hotife, com houfe, and garden, well pailed, or inclofed with mud walls, with fuch other conveniencies as they fhall think fit, and to levy the charge of the glebe land, and buildings, on the tithable perfons in their refpecftive parifhes. VI. And to the end the buildings already eredted, or hereafter to be eredled upon every glebe, may be kept in good repair. It is hereby further enaded, That every parifli minifter within this dominion fhall, during the time of his being minifter of the parifh, keep and maintain the manfion houfe, and all other the out-houfes and conveniencies, erec5led, or to be erecJted on his glebe, in tenantable repair, and fhall fo leave the fame at his removal from his parifh, or death,
accidents
or tempteft, only excepted: And in cafe any minifter fhall fail o to do, fuch minifter, his executors and adminiftrators, fhall be liable to the acftion of the churchwardens of the parifh, for the time being, wherein the value of fuch repairs fhall be recovered in damages, with cofts of fuit, and the

by

fire,

damages fo recovered, fhlall be applied and laid out in making neceffary repairs upon the glebe And every veftry of a vacant parifh is hereby impowered and required, to put all the buildings upon the glebe of their parifh, into fuch good and fufficient repair, as that the fame may be fit for the reception of the fucceeding minifter: Provided neverthelefs. That any veftry, who fhall judge that the
:

minifter

[xli]
minifter has not wilfully committed

any wafte on

his glebe,

may make

fuch

neceffary repairs, at the charge of their parifh as they fhall think fit: And every minifter, received into any parifh as aforefaid, fhall be entitled to all the fpiritual and temporal benefits of his parifh, and may maintain an adtion of trefpafs againft any perfon or perfons whatfoever, who fhall difturb him in the
poffeffion

and enjoyment

thereof.

VII.
matter.

And whereas
it

it is

doubted,

how

long the right of prefentation of a

minifter to a parifh, remains in the veftries in this colony: For fettling that

That the fole right of prefentation fhall be, and remain, in the feveral veftries, for and during the term of twelve months next after a vacancy fhall happen in their refpedlive

Be

further enaded, by the authority aforefaid,

parifhes.

VIII.

And

he

it

further enaded, by

tite

authority aforefaid,

That one

a(5l

made

in the firft

the better fupport of the clergy of this

and paying
clatifes

the

year of the reign of his prefent majefty, intituled. An Ad for dominion; and for the more regular colleding parifh levies: And all and every other adl and adls, clatife and

heretofore made, for or concerning and matter or thing within the pur-

view of this ad;, fhall be, and are hereby repealed. IX. And be it further enaded, by the authority aforefaid. That this adt fhall commence and be in force from and immediately after the tenth day of June, which fhall be in the year of our Lord one thoufand feven hundred and fifty
one.

In Odober 1755, the Burgeffes finding that a great drought had cut fhort the crop of tobacco, which would make it impoffible for the people to meet their tobacco debts, they paffed an adt making it lawful for debtors to pay all debts, including taxes, in money, at
the rate of fixteen fhillings and eight pence per one hundred pounds of tobacco.

This

was at the
Adl."

rate of

two pence per poimd, hence the adt was known as "The
^

Two Penny

AN ACT TO ENABLE THE INHABITANTS OF THIS COLONY TO DISCHARGE THEIR TOBACCO DEBTS IN MONEY, FOR THIS PRESENT YEAR.
by reafon of the great drought a very fmall quantity of made, fo that the inhabitants of this colony are not able to pay their public, coimty and parifh levies, and the officers fees, and other tobacco debts
I.

WHEREAS
is

tobacco

in tobacco for this prefent year, according to the diredtions of the laws

now

in

remedy whereof, and to prevent the fheriff s and other colledtors of the public dues, from taking advantage of the neceffities of the people, and exadling exorbitant prices for tobacco, due or payable to them from the poor and needy. II. BE it enaded, by the Lieutenant Governor, Council, and Burgeffes, of this
force for
;

and it is hereby enaded, by the authority of the fame, That it fhall and may be lawful to and for any perfon or perfons, from whom any tobacco is due by judgment, for rent, by bond, or upon any contradt, or for public, county and parifh levies, or for any fecretaries, clerks, fheriflfs, furveyors or other officers fees, or by any other ways or means whatfoever, to pay and
prefent General Affembly,
fatiffy the

fame, either in tobacco, according to the diredtions of the adb of


intitled.

amending the ftaple of tobacco, and preventing frauds in his majefty' s cuftoms, or in money, at the rate of fixteen fhillings and eight pence, for every hundred pounds of nett tobacco, and fo in proportion for a greater or leffer quantity, at the option of the payer: And the fheriffs and other colledtors fhall, and they are hereby required to receive the fame from any perfon or perfons, in difcharge of any fuch levies and officers fees aforefaid, fhall accoimt with, and pay to the perfons entitled to the fame, in proportion to their feveral demands, all tobacco and money which they fhall receive in payAffembly,
for
;

An ad

ment
'.

Hening, VI,

p. 568.

[ xlii ]

of fuch levies and fees, which fhall difcharge fuch fheriffs and colle<5lors from any other demand for fuch levies and fees, any law to the contrary thereof

ment

notwithftanding.

Provided always, That nothing herein contained fhall extend, or be conftrued to extend, to any public, county, or parifh levies, or officers fees now
III.

due or hereafter to become due, in any county where by law the inhabitants of fuch county, are now impowered to difcharge the fame in money. IV. And be it further enaded. That this adl fhall continue and be in force for the fpace of ten months, and no longer.

The paffage
"

of this law
rife

marked the beginning

of the breach between the Clergy

and

the Affembly, and gave

to one of the moft important events in the hiftory of Virginia.

was an effort to regulate a fiudluating currency, by one acknowledged to be the ftandard, and only diredled the value to be placed on that which had fludluated, which was in the minds of the parties to the contracSls involved, and of the legillature when the public taxes were laid, it was generally admitted to have been right and proper." As was anticipated, however, the value of tobacco rofe but the increafe in price did not keep
it

As

pace with

it.

This being advantageous to the clergy, they were tmwilling to be denied

the privilege of collefting their falaries in kind, and addreffed a letter 'to the Bifhop of

London, afking that the ad; be annulled by the King:

THE CLERGY OF VIRGINIA TO THE BISHOP OF LONDON.


Virginia,' 25, i75<J.

May

it

pleafe your Lordfhip,


the fubfcribers being of the Eftablifhed Clergy in the

We
lye

Colony

of Virginia,

leave to reprefent to your Lordfhip the great hardfhips we at prefent under by an ad of our legiflature, paft here in Nov laft (a copy of which is enclofed), which we humbly conceive is a breaking in upon our eftablifhment, an contrary to the liberty of the fubjed, as well tinfult upon he Royal Prerogative as to natural Juftice Equity. This, may it pleafe your Lordfhip, is a heavy candid reprefentation of the cafe, your Lordfhip charge; but yet, if upon a true fhall think as we do, we hope for your intereft interceffion at the proper board to have this law, fo far as it affeds us, your Lordfhips's clergy, repealed. That your Lordfhip may be fenfible of the hardfhips we complain of, be which pleafed to confider, that there ever has been a ftanding Law in this Colony has lately rec'' the Royal affent " that every beneficed Minifter of the Chh of Engl'' fhall receive an annual Salary of 16,000 lbs of Tobacco, patd by the refpedive Parifhioners, but this laft year, becaufe fmall Crops of Tobacco were made a high price confequently expeded; our legiflature in a new unprecedented manner, have altered the law confirmed by the fandion of royal affent, fo far as to make it which is ftill a greater optional in the people, to pay either Money or Tobacco; hardfhip upon us, they have valued out Tobacco at an under rate, viz: at 2d per lb., when the market is generally expeded to be jd if not 4d per lb. (of this Currency which is at leaft 25 per cent worfe than Sterl' When the fometimes more). market is low, which has been generally the cafe from 1724 till now, the Clergy are obliged to reft fatiffied with what they can get for their Salaries which are but too Scanty at beft, we therefore hope that your Lordfhip will think with us, that we ought in juftice to have the benefit of the rifing market, but when your Lordfhip is deprives us of a property pleafed to confider that this option law has a retrofped may be earnt due before it was a law, your Lordfhip fatiffied of this Retrofped in the Law complained of, we beg your patience while we inform you, that the Veftries (who have the Power by Law to Levy the Clergy's Salaries) take care not to Levy any Tobacco for their Parifh Minifter till it is due (i. e.) fuppofe we are rec^

humbly beg

&

&

&

&

&

&

&

&

&

&

&

into
I.

Perry: Hiftorical Collections, Vol.

I,

p. 440.

[ xliii ]

into a Parifh (for Inftitution

& Indudion we have none)

in the

fall,

when

the

Par-

ifh Levy ts laid by

Law; The
rec''

Veftries Levy no Tobacco for

Jis till

that time 12

is not demandable by Law till the laft of May months after that, fo that at our firft fetting fame for out in the world, in low circumftances, we are obliged to labor in our extenfive Parthe common extent of them jo ifhes (fonie of which are 100, many 60 Jo, 40 Miles in length) in extremeties of Weather both hot cold for a year a half at lea ft fometimes longer before we receive our Salaries: by which time many of us are obliged to run fo much in debt that we can hardly ever after retrieve our circumftanall this time the Law we complain of has a retrofped ces deprives us of a propa law too that has had the royal affent erty due by Virtue of a former law purfuant to his Majefty's inftrudions to the Gov^ cannot be altered or any other enaded

Months

following

& the Tobacco then & perhaps not


,

Levied

&

&

&

&

&

&

&

&

&

&

in

its place,

without a fufpending claufe,


is,

till

his Majefty's pleafure is


to

known
alter

{one

of which inftrudions

Law, in contradidion
or
till

to

pafs or materially to one that has obtained the Royal affent for a year

as

we are

affured, not

any
;

& a day

fuch time as his Majefty's pleafure fhall be known).

Our

legiflattire

were

Royal Prerogative Inftrudion would be repealed, fo foon as it was known at home; that to make fure work of it, they enaded it to be in force for 10 months only, which was long enough for their purpofe, as all Tobacco Payments would be
fo fenfible that their option
is contrary to
it

Law

&

&

withal fo apprehenfive were they that

over in that time;

muft needs be fame extraordinary reafons for pafflng fo extraordinary a Law, yet when your Lord fhip is pleafed to confider thefe reafons, they are fuch as will by no means, juftify the condud of the legiflators, for in the /" Place, the fmall quantity of Tobacco made (which feems to be their main argument) will by no means do it, for fmall Crops of Tobacco are fo far from being a lofs to the Country that in the opinion of the moft difcerning Judges, they are an advantage to it. To explain this your we beg leave to that by to Lordfhip, obferve, reafon of the great quantity of Tobacco commonly made, the Market is Overftockt; the low prices given are hardly able to fupport the Planters. But if there was lefs made, the market would the Planter would get as much for his fmall quantity, as he at rife in proportion would, his greater. This our legiflature are fo well aware of, that they any time for have made feveral attempts to leffen the quantity of Tobacco, by a Stint law & now when Providence has made a ftint to their hands by an uncommon Drought in the
is

Lordfhtp

a true

& yet a repeal could not be obtained. ftate of the cafe, & one would think

This

may

it

pleafe your

that there

&

&

Summer &

a Froft early in the


it.

fall, it is

very hard that the Clergy fhould be denied

The next reafon given for paffing the law is, to prevent frauds the benefit of But we humbly apprehend, that this law now comimpofitions in Colledors. plained of, will be fo far from anfwering this pretended good end, that it will open a door to greater frauds impofitions than any Law ever yet did, for as it leaves it the option the Payer, to pay either Money or Tobacco, the colledor will be fure to of to make his advantage by it pay to public Creditors what beft fuits his mtereft which in fuch a multitude of Payers, he may fafely do without the leaft rifk of being deteded. Another Scheme our Legiflators fell upon, to make their option law go

&

&

&

down

to tack our your Lordfhip pleafes to obferve, they do not ftrike at us diredly feparately, but covertly, in conjundion with Secretaries, Clerks, Sheriffs other Tobacco Creditors. 'Tis very true. May it pleafe your Lordfhip, that all Tobacco Creditors are fufferers by this law, but none fo much as the Clergy; as our all depends upon it the retrofped of the Law affeds us much more, than it does any other Tobacco Creditors. But the moft material thing in our favor is, that our Salaries have had the Royal affent and therefore cannot be taken from us or dimmifhed in any refped, by any Law made here without trampling upon the Royal Prerogative, furely there is a vaft difference between the eftabit to

& to glofs over the injury intended by


to

our eftabtifhment, was

Salaries

placemen's

fees, for if

&

&

&

&

&

lifhed

xliv ]

lifhed clergy's livings, fecured to us by

never had
flature

placemen's fees, which Royal Sandion, the legvariable difcretionary Sandion, hut are temporary law In the place, the is collaft according to the exigence of the Country.
that

&

& &

ored over with charity

& compaffion

to the

poor.
that

If this

was

really the defign of

the law, we beg leave

to

anfwer your Lordfhip

none are more ready

& willing &

to promote charitable defigns, than the Clergy are here according to our abilities. But if the more obvious defigns of the Law fhould appear to be a faving felf-

intereft to the rich

in its proper Colors,

& great, we hope the law will be ftript of this difguife & view'd & that this is really the Cafe, will we doubt not appear to your &

Lordfhip when you are pleafed to confider that all our public dues are paid in Tobacco at a certain proportion for every titheable (taxable), per fon {taxable perall negroes both male and female fons are all white males above i6 years of age the rich man who pays for inftance for loo that Now it is that age) manifeft, of tithables (& fome have feveral Hundreds) muft fave lOO times as much by tJte law many none at all. There is no Charity as the Poor man who has but one tithable therefore in the law, unlefs it be that Charity which of all others may moft truly properly be faid to begin at home, at the Legiflator's own home. Had the Law had them only, the Clergy would have cheerfully acquiefced in it, a refped to the poor but we think it hard that the whole Burden fhould be laid upon us; nay, that near
. ,

&

&

&

half a Salary fhould be taken

from us by law
,

great (which is really the cafe here)

& diftributed among the rich & the & not among the Poor. Thefe are the plaufible
As in
our humble opinion

reafons given for paffing this


the rights of the

ad

& we muft fubmit to your Lordfhip whether or not

they will juftify our Legiflature in what they have done.

King

& Church are ftruck at, we the eftablifhed Clergy who think
,

ourfelves inftrufted with the

duty

to

Patrimony of the Church reckon it our indifpenfable all we defire is to have the acquaint your Lordfhip with this encroachment

free ufe

& & difpofal of our properties & to hold our livings (fmall as they are)

Inde-

pendent of thofe who have hitherto fhewn us good will. If it fhould after all be objeded to the juftnefs of our complaint, that other Tobacco creditors are fufferers as yet they acquiefce under the law complained of; we anf that the reawell as we,

&

fon

why

they do not complain

is,

becaufe their fees are entirely difcretionary in the

had they not acquiefced. The we ought to receive next Jtine, purfuant to a former Law were due before the law we now complain of was made, & were we to receive them in due courfe we believe upon the beft computation, we fhould not receive the lo"' part of the Tobacco made this year even where the Crops are fmalleft, nor the 20"' part take the Crops upon an average all over the Country; & in other years one with another, not the 50"' part of what is commonly made. Our being deprived of the benefit of this rifing market, will ftill keep us in debt in & fo in a dependant State, a thing much aimed at by the great men of this Country & not only fo, but it will fink our Credit with our Mother Country, by putting it out of our power to fhip home our Tobacco,
Legiflature,

who would

furely have docked them

Salaries

towards difcharging our debts already contraded in Great Britain,

& for importing

from thence many neceffary


advance, at leaft double the

of

life,

firft coft.

which confequently we muft buy here at a high There is no doubt but thofe leading gentle-

who were principally concerned in paffing this ad, will or home have already fent fome juftification of their condud, & may Pofpbly reprefent both it & us in a light neither deferves. If it fhould be fo, as we are a poor helplefs fet of men, we have nothing to rely upon but the juftice of our caufe & your Lordfhip's favor & protedion, which we implore only upon condition, that it fhall appear to your Lordfhip that we are ill ufed & have reafon to complain; which furely is the cafe, fo long as we are both fubjeded to fuch laws as make property precarious & while the legiflature affume a power to take from us by one Law what

men

of the Legiflature,

they gave us by another as is notorioufly our cafe


fatiffied of,

& which your Lordfhip may be


the

by comparing the Clergy

Law

of

1748 which then had

Sandion

of

the

[xlv]
the Royal affent, with this option Law of 1755 which we hope never will obtain that Sandion. 'Tis with great concern that we are obliged to take this opportunity to acquaint your Lordfhip that the eftablifhed Church Clergy are upon a very pre-

&

carious footing in this Colony, but tho' often


deferted by every branch of the legiflature
fituation at prefent
till

ill

ufed yet they have never been totally now. And fince in this our unhappy

more need of a friend at court we humbly think, that we cannot apply fo properly to any friend as to your Lordfhip our worthy as we have already experienced your Lordfhip' s goodnefs in fupportDiocefan ing our caufe, when we were attacked in our title, by one great man, in the cafe of the late M^ Kay, we flatter ourfelves that we fhall have the continuance of your protedion, when we are now ftruck at in our properties by the whole legiflafavor tive body of this Domimon; who, we muft fay it, have diftinguifhed themfelves in For Virginia their mal-treatment of the Clergy. Maryland, are the only 2 Gov''
the

we have

&

&

&

&

where Tobacco

is the ftaple

& where the Clergy are paid in that commodity, & tho'

made there as here & tho' the Maryland Clergy receive yearly, near twice as much Tobacco as we do in Virginia, yet there there is no Option Law in that Gov' nor any attempt made to Subvert their Eftablifhment. As we are the
there are as fhort crops

have done Nothing moft numerous Clergy of any one of his Majefty's Colonies to forfeit the protection of the legiflature, 'tis very hard that we fhould be fingled out made the only fufferers. Were we not apprehenfive that we have already trefpaffed upon our Lordfhip's patience we could fet forth fundry other pernicious

&

&

confequences of this Law, particularly how prejudicial to religion the propagation of the Gofpel in this part of the world, fuch treatment of the Clergy muft be; for
furely
great
to

&

cannot but difcourage us in the difcharge of our Miniftenal duty tn a our power doing good among our who meafure defeat people are but too apt of
it

&

follow the example of their fuperiors in treating the Clergy with fcorn
It

&

con-

tempt.

muft

alfo have a threatening

afped upon

all

ufeful seminaries of Learn-

ing particularly the College of Will Mary in this Colony, founded by Royal Charter, in which Seminary our youth are educated in feveral ufeful branches of
learning
give his

&

&

fome trained up for

the minifiry.

For in our opinion no man


for the Miniftry

will

under fuch difcouraging circumftances, no Clergyman of worth learning will ever come from Britain to fettle here, where he will be fo far from meeting with due protedion, that he runs the rifk of being denied the rights privileges of a free born fubjed. We alfo humbly conceive that the making fuch a law efpectally at this time, is highly impolitic in a Church of Engl"i Legiflature. For of late, Diffenters of feveral denominations have fettled here and are gaining ground among us, who make it their
liberal education or bring

Son a

him up

&

&

&

bufinefs not only to divide our

Church

& feduce the


own
we beg

but mifs no opportunity of raifing their


eftablifhed clergy.

reputation

unwary from our communion, upon the ruin of that of the


to exult

Here then

is the beft

opportunity for them

& triumph.
grievan-

And now
the whole ces

to

conclude this long Epiftle,


this

leave to affure your Lordfhip, that


to heart the

body of the Clergy of


of

dominion, unanimoufly lay


fo

we complain

& the reafon why


it

few names are fubfcribed

to this, is chiefly

owing

becaufe your Lorda convention of the Clergy; but withal affured us that he would heartily efpoufe our caufe Second our addreffes to your Lordfhip, as he thinks that private reprefentations will better anf our purpofe, we have no other method left but to form ourfelves into fmall Brotherhoods in this way to fue for redrefs. So throwing ourfelves our caufe on your Lordprotedion fhip's favor in hopes that your Lordfhip will ufe your intereft with his Majefty the Miniftry that the evils we complain of may be redreffd fuch relief afforded to your Lordfhip's fuffering Clergy as his Majefty in his great wifto the great

diftance between our refpedive habitations

&

fhip's

Commiffary judged

unadvifable

to call

&

&

&

&

& &

&

&

dom

& goodnefs

fhall think

fit,

we beg

leave to fubfcribe ourfelves.

May

xlvi

May it
/iV^

pleafe your Lordfhip,


dutiful

Your Lordfhip's moft

&

obd'

Sons

&

Servants,

BRUNSKILL,

Sen/ in

HEN^ DUNBAR, PATRICK HENRY,


ALEX. WHITE, JN ROBERTSON, ALEX. FINNIE, THO^ WILKINSON, PETER DAVID, JN BARCLAY,

my Miniftry. my Miniftry. in the 24"' year of my Miniftry. in the 11"' year of my Miniftry. in the 11"' year of my Miniftry. in the 31 f year of my Miniftry in the 3"' year of my Miniftry. in the 5"" year of my Miniftry.
the 40"' year of

in the 30"' year of

in the Country.

W^

WILLIE,

in the 18"' year of

my

Miniftry.

In 1758 it was again apparent to the Affembly that a fhort crop of tobacco would be produced, and an adl funilar to the a<$l of 1755 was immediately paffed. This adt on upon the part of the Affembly renewed with much bittemef s, the feeling of diffatiffadion upon the part of the Clergy of the Colony, and was the diredl catife of uniting them in
oppofition to the wifhes of the people:

AN ACT' TO ENABLE THE INHABITANTS OF THIS COLONY TO DISCHARGE THEIR PUBLIC DUES, OFFICERS FEES, AND OTHER
TOBACCO DEBTS, IN MONEY, FOR THE ENSUING YEAR.
being evident, from the prodigious diminution of our ftaple commodity occafioned by the imfeafonablenefs of the weather in moft parts of the colony, that there wiU not be tobacco made to anfwer the common demands of the coimtry and it being certainly expedient at all fuch time to prevent, as much
I.

It

as poffible, the diftreffes that muft inevitably attend fuch a fcarcity: Be it therefore ettaded, by the Lieutenant Governor, Council and Burgeffes, of this prefent General Affembly, and it is hereby enaded, by the authority of the fame.

That it fhall and may be lawful to and for any perfon or perfons, from whom any tobacco is due by judgment, for rent, by bond, or upon any contradl, or for public, cotmty, or parifh levies or for any fecretary's, clerks, fheriffs, furveyors, or other officers fees, or by any other ways or means whatfoever, to pay and fatiffy the fame either in tobacco, according to the dire(5lions of the adl of affemlby, instituled. An Ad for amending the ftaple of tobacco, and preventing frauds in his majefty's cuftoms, or in money, at the rate of lixteen fhilling and eight pence for every himdred poimds of nett tobacco, and fo in proportion for a greater or leffer quantity, at the option of the payer; and the fheriffs and other colledtors fhall, and they are hereby required to receive the fame from any perfon or perfons in difcharge of any fuch levies and officers fees and the fheriffs or other colledtors of the levies and fees aforefaid, fhall account with, and pay to the perfons entitled to the fame, in proportion to their feveral demands, all tobacco and money which they fhall receive in payments of fuch levies and fees, which fhall difcharge fuch fheriffs and coUedlors from any other demands for fuch levies and fees, any law to the contrary thereof notwith; ;

ftanding.

Provided always, That nothing herein contained fhall extend, or be conftrued to extend, to any public, cotmty, or parifh levies, or officers fees now
II.

due, or hereafter to become due, in any covin ty by law the inhabitants of fuch coimty are now impowered to difcharge the fame in money.

extend to any where the money or contract made greater rate than fixgoods given for fuch tobacco have been bona fide paid at a teen fhillings and eight pence per hvmdred, as aforefaid, but that all fuch conIII.

Provided

alfo.

That nothing herein contained

fhall

for tobacco before the paffing of this adt,

trac5ls
I

Hening, VII,

p.

240

[ xlvii ]

trafts fhall be difcharged in tobacco according to the terms of fuch contracts, or in money according to the price really given for fuch tobacco, together with

the lawful intereft arifmg on the fame to the time of paying the fame, at the option of the perfon or perfons from whom the tobacco would have been due,

had
for

this ad;

never been paffed.


be
it

IV.

And

further enaded,

That

this adl fhall continue

and be

in force

one year, and no longer.

As neither this acft or the a(5l of 1755, had the claufe fufpending its operation until was fecured, they at once became operative, which refulted in the Affembly being affailed by the Rev. John Camm and other clergy of the Virginia Diocefe. On this queftion the clergy were divided, many of them declaring that they preferred to
royal fanftion
fhare the miffortunes of the Colony, rather than reap the additional revenues refulting to them under the adl ftipulating that their falary fhould be paid at the rate of fixteen thoufand pounds of tobacco annually.

In 1 759 it was found neceffary to pafs a law explaining the adl of 1758. This adl determined that nothing contained in the adl referred to fhould be conftrued as applying to any fheriff or other colledtors of levies and office fees, who had received fuch levies and fees and had not paid them into the public treafury.
'

clergy,

on this fubjedl and the great difcontent of the that their rights had been placed in jeopardy, various fuits followed. None, however, attradled fuch intereft as did the fuit of the Rev. James Maury of the
refult of the various adls

As the

who claimed

Parifh of Frederick fville, in Louifa Coimty.


fuit in the

On

April

i'*

1762, this gentleman brought

Thomas Johnfon and Tarlion Brown, coUedlors of the parifh levies and the fureties on their official bond. The legal talent in this famous cafe confifted of Peter Lyons, a ftrong and able lawyer, who later became Prefident of the Virginia Court of Appeals and Patrick Henry, the original defender of Colonial rights and author of the refolutions againft the Stamp Adl. The defendants were firft reprefented by John Lewis, a covmfel of confiderable ftanding, who relied entirely upon the adl of September 14'h 1758, to fuf tain the caufe of his cHents. The plaintiff demurring to this plea upon the grotmd of being infufficient, the queftion of the validity of the adl was at once raifed. On November ^^^ 1763, the demurrer was argued and fuftained, the court declaring the adl to be null and void. This decifion left nothing to be afcertained by the jury but the amovmt of the damages, which confifted of the differences between the money adlually paid the Rev. James Maury and the value of the tobacco to which he was entitled. This turn of affairs affumed a very favorable afpedl for the clergy, who fully expedled that the jury would give them the amount of damages claimed. At this jimdlure Patrick Henry's fervices were fecured by the defendants and the cafe fet for trial for the December term of court, which began on the firft day of that month. At this trial the fheriff feledled a jury that was not fatiffadlory to the plaintiff there being only two members of it in the clafs known as gentlemen. Henry, however,
of the veftry of his Parifh, againft
infifted that they were honeft men, and, therefore, unexceptionable. This point being upheld by the court the following jurors were fwom and ferved; Benjamin Anderfon, John Wingfield, George Dabney, John Thornton, Samuel Morris, Brewfter Sims, William Claybrook, Stephen Willis, Jacob Hundly, Roger Shackelford, John Blackwell, and Benja-

name

min

Oliver.

The

plaintiffs counfel after introducing

other teftimony, offered in evidence the

bonds of the defendants, as colledtors, and the order of the veftry diredling a levy to be made for the falary of M"' Maury, in 1759. BeUeving this to be all the evidence that was neceffary for them to produce the plaintiffs refted their cafe. The only evidence introduced by the defendants was M'' Maury's receipt for 144, the fame being the receipt for the tobacco due him as conamuted by the adl of the Affembly. The line of argument taken in this celebrated cafe has been preferved in part by William Wirt Henry, in his " Life of Patrick Henry, " [ Vol .1, p. 36 ] and in a letter from
the
I.

Hening, VII, p, 277

"

[ xlviii ]

the Rev. John Maury, plaintiff in the cafe, to the Rev. "Memoirs of a Huguenot Family" by Fontaine.

John Camm,

printed in

It having been determined that the adl was null and void, it only remained for the jury to fettle the amount of damages to be received by the plaintiff. The court had upheld that the jury muft return a verdidt in favor of the plaintiff, but they need not After confidering the matter for five minutes, find more than one farthing damages.

to confider a motion for a

the jury returned a verdidt in favor of the plaintiff for one penny, and as the court refufed new trial, one of the greateft cafes of Colonial times ended.

early as 1755 the differences between the Affembly and the Clergy in the cafe Numerous pamphlets were aKo juft narrated became a fubjedl of general difcuffion.

As

firft being the work of Landon Carter of Sabine Hall, an This pamphlet, ardent advocate of the people's rights and a clofe ftudent of economy. which was printed in 1759, did not appear under Carter's name, he ufing the pfeudonym,

written upon the fubjedt, the

"A Member of the Church of CARTER, LANDON.

England:"
Right Reverend Father in God
to the

A
I

Letter
|

to the

The Lord
\

B[ifho]p of

L[ondo]n.
the

Occafioned by a Letter of his Lord fhip's


of the
|

L[or]ds

of Trade,

on

Subjed

enable the
in

Ad of Affembly, paffed in the Year 1758, intituled. An Adl to Inhabitants of this Colony to dif charge their pub lick Dues, &c.
|
|

Money

for the enfuing Year,

from Virginia.
\

[1759.]

Title page.

Corredtions, pp. 1-2

Text, pp. 3-56; 21.5 X14'"".

Carter in this publication ftrongly upholds the Affembly in creating the Adls of 1755 and 1758, and argues that the clergy of Virginia fancied themfelves aggrieved. He likewife comments freely upon the Remonftrance of the clergy, and calls the Bifhop of London to account for his views expreffed in his letter to the Board of Trade under

date of June 14"" 1759. The next important publication bearing on this fubjedl was written by Richard Bland in 1760, under the following title:

BLAND, RICHARD
in which. The Condudl of the to the Clergy of Virginia, General-Affembly is vindicated, Againf t The Reflexiona contained in a Letter By to the Lords of Trade and Plantations, from the Lord-Bifhop oi London, in Ay/embly for Reprefentatives the of the Coimty of Richard Bland, Efq ;one Williamfburg: Vrmiedhy William Hunter. MDCCLX. Prince-George. "Copy of a Letter from the Lord-Bifhop of London, to the Title page. Lords of Trade and Plantations," (dated Fidham, June 14, 1759.) pp. iii-vi

Letter >

Text, pp. 3-20.

Bland's letter

is

dated at the end,

"

Jordan's,

March

20,

760.

19

12

cm.

In this publication Bland repUed, as did Landon Carter, to the following letter written This communication Bifhop of London to the Lords of Trade and Plantations. the by part of upon the the Colony to the views oppolition determined which occafioned fuch
of the clergy,

was written at Fulham, June

14*''

1759:

Ftdham,3 June

14"'

My Lords,
I have confidered the
of

175g

Ad from Virginia, referred to me:

It

feems

to be the
it

Work

Men

confcious

to

themfelves that they were doing wrong:

for,

though

is very

known that the Intention of the Ad is to abridge the Maintenance of the Clergy, yet the Framers of the Ad have ftudioufly avoided naming them, or properly defcribwell

ing them, throughout the Ad; fo that it may be doubted whether, in a legal ConftrucBut, to take the Ad as they meant it, and as every tion, they are included or not. Body underftands it, we muft firft confider by what Authority the Affembly aded,
in paffing fuch a Law; and, in the next Place, how inconfiftent the-Provifion of the Ad was with Juftice and Equity: The Subjed-Matter of the Ad, as far as the

Clergy are concerned, was


'

fettled before

by the

Ad

of

Affembly; which

Ad has the
Royal
;

Virginia State Library. Bofton Athenaeum. Perry: Hiftorical Collections, Vol. I, p. 461

'

Boston Athenaeum.

xlix

Royal Affent and Confirmation, and could not be repealed by a leffer Power than it; and, to make an Ad to fufpend the Operation of the Royal Ad, is an Attempt which in fome Times would have been called Treafon, and I do not know any other Name for it in our Law. If they had brought in an Ad of Repeal, to take Place from the Time they could obtain the King's Affent to the faid Ad of Repeal, they would have been blamelefs; but, to affume a Power to bind the King's Hands, and to fay how far his Power fhall go, and where it fhall ftop, is fuch an Ad of Supremacy as is inconfiftent with the Dignity of the Church of England, and manifeftly tends to draw the People of the Plantations from their Allegiance to the King, when they find they have a higher Power to proted them: Whether or not fuch an Effcd be produced, I know not; but,

made

furely
the

it is

Time

to look

about us, and

to

confider the feveral Steps lately taken

to

and Influence of the Crown; lately taken, I fay: Becaufe, within a few Years paft, Virginia was a well-ordered and well-regulated Colony, and lived in Submiffion to the Power fei over them; they were all Members of the Church of England, and no Diffenters amongft them; the Clergy refpeded, and well ufed by the People; but thefe Days are over, and they feem now to Imve nothing more at Heart than to leffen the Influence of the Crown and the Maintenance
Diminution
of the Prerogative
of the Clergy, both

which ends will be effedually ferved by the

Ad now under

our

Confideratton.
It was not till the Year 1^48 that this Spirit began to fhow itfelf, at which Time an Ad of Affembly paffed, by which the Patronage of all the Livings in the Colony were taken from the Crown, and given the Veftry in the feveral Par iflies; and yet this Ad received the Royal Affent, upon what Inducements, I know not: But it was obfervable, that the Affembly did not care to attack the Rights of the Crown, and that of the Clergy, at the fame Time; and therefore, m the fame Ad of

1748, there is the ftrongeft Confirmation of the Clergy's Right to their full Proportion of Tobacco, without
to filence the

they
the

had

to

any Diminution whatfoever, which Provifion was meant Complaints of the Clergy againft the other Part of the Ad; and Reafon Complain, when, inftead of the Royal Authority, they were put under and made fubjed
to the

Power

of the Veftry

Humours

of the People.

That no Good luas finally intended the Clergy, is manifeft from hence, that no fooner were they in Poffeffion of the Patronages, but they wanted alfo to be abfolute afters of the Maintenance of the Clergy; in which Attempt, they proceeded warily, and endeavoured to bring in the Scheme by Degrees; and accordingly, in the Year

their Tobacco,

1755, the Clergy in the Counties of Princefs Anne and Norfolk were deprived of and forced to accept of a Compenfation in Money, very much to

their Lofs.

The fame Year produced a general Ad, but a temporary one, and was followed by a very extraordinary Refolution of the Council; the Cafe was this: The Affembly had paffed the Ad; when it came to the Governor for his Affent, he boggled at it; and, for his own Secvmty, thought proper to advife with the Council, tltat is, with the very Perfons who Jtad been the Promoters of it; he tells them, he apprehended it interfered with the Law confirmed by his Majefty in regard to the Allowance
provided for the Clergy.

Here

the

Cafe

is fully ftated: It is admitted,

that the

Maintenance

of the

Clergy had the King's Confirmation; and that the Governor, by his Inftrudions, is reftrained from altering it; but it feems the Ad confirmed by his Majefty, appointed

16,000 Pounds of Tobacco to each Clergyman. The Ad upon which this Advice was afked took no Notice of the Quantity of Tobacco allowed to the Clergy, but made it fubjed to a Compenfation in Money, which was to be rated by the very Perfons who were liable to the Payment of the whole: Upon this Circumftance the Council gave their Judgment, and declared it was the Opinion of the Board, that this Bill was not contradidory to that Law, infomuch as it by no Means leffened the

Quantity of Tobacco allowed the Clergy, but only afcertained the Price thereof

to

be

paid

[1]
paid in Money for all Dues, as well to Officers as to the Clergy. This Declaration is a formal Judgment in the Cafe, ftated between the Authority of the Crown and the Power of the Affembly, and fubjeded the Laws eftablifhed by the Royal Affent to be altered corrected or ftifpended, by a Vote of the Affembly. The Lieutenant-Governour wanted fomething of an Excufe for what he was
ftrongly inclined to do,

and a very fad one they furnifhed him

with.

What made
Change

him

fo zealous in the Caufe, I pretend not to judge; but furely the great

which manifeftly appears in the Tempers and Difpofition of the People in that Colony, in the Compafs of a few Years, deferves highly to be confidered; and the more fo, as the Deputy-Governour and Council feem to ad in Concert with the People, to lend their Authority to fupport their unreafonable Demands: But one would think, upon Confideration of fome late Tranfadions there, that the DeputyGovernours thought themfelves obliged, upon their fir ft Entrance, to make a Prefent
to the Veftries of the

and
is

Maintenance of the Clergy, the Jurifdidion of the Prerogative Supremacy and Rights of the Crown. As to the Want of Juftice and Equity fhewed in the Ad to the Clergy, the Cafe too plain to admit of any Reflexion upon it: If the Crown does not or cannot fupthe
it

port itfelf in fo plain a Cafe, as is before us,

would be in vain

for the Clergy to


fall,

plead the

Ad

confirmed by the King; for their Rights muft ftand, or

with the

Authority of the
I am,

Crown.

my

Lords,
obedient humble Servant, T.

Your moft

LONDON.

The next publication bearing on the queftion at iffue between the Clergy and the Affembly, was a pamphlet by the Rev. John Camm, printed at Annapolis, Md., in 1763. So far as is known not a copy of this publication is extant, though Sabin records it in In this publication Camm endeavoured his " Bibliotheca Americana" Vol. 3, p. 254.
to

comment diredlly upon the adl in queftion and farcaftically refers to its " beneficial and wholefome effedl in York-Hampton Parifh." He likewife replies, as the title indicates, to the juftice

and charity exhibited by London Carter, in, " A Letter to the Right and to Bland's "A Letter Reverend Father in God, The Lord Bishop of London.". pamphlets already referred to as bearing on this subjedt: to the Clergy of Virginia,"
.

CAMM, REV. JOHN


-

A Single and Diftindl View of the A($l, Vulgarly entitled, Three-Penny Ac5l
Containing an Account of its beneficial and wholefome effedl in York-Hampton In which is exhibited A Specimen of Col. London Carter's Juftice and Parifh. By the Reverend Charity; as well as of Col. Richard Bland's Salus Populi. Annapolis, 'Prm.te^.hy Jonas Green, ior the Axiithor. 1763. John Camm.
.
. .

4to.

55 pp. to the Hterature

The next contribution Landon Carter, under the


Carter imdertakes to juftify

on this fubjedl was publifhed in 1764, by In this pamphlet Redor Deteded" ... title of the Two Penny Acft, and boldly ftates that the Rev. John
the "

Camm

mifreprefented fadts relative to the queftion at iffue


'

CARTER, LANDON
Being a Juft Defence of the Two-penny Adl, Reverend /o/jm Cawm, Redlorof of the Mifreprefentations artful the Againft View. Containing aKo a plain ConDiftindl York-Hampton, in his Single and

The

Redor Detected
\ |

futation of his feveral

Hints, as a Specimen of the Juftice and Charity


. . .
\ |

of

Colonel Landon Carter. By Landon Carter, of Sabine Hall. MDCCLXIV. burg: Vrmtedhy Jo feph Royle. Errata, Text, p-p. ssg. Introduction, pp. 3-4. Title-page.
| I

Williamf17.5

[i] p.

X 15 cm. The Rev. John Camm reviewed the "Redor Deteded"


in print,
his

fhortly after

it

appeared

pamphlet being the


'

laft

publication of note bearing on the queftion.

Coming
<

No copy fotmd

Bofton Athenaeum

[li]
Coming
phlets,

at a time

when the

iffues

between the clergy and the people had been


is

fettled,

the pamphlet attradled

little, if

any, attention.

however, confiderable light

Affociated with the foregoing pamthrown upon the caufe of the clergy, and as fuch

conftitute a diftindt clafs of literature which clearly denotes, not only the exiftence of iffue, but a very marked exhibition of perfonal opinion and difpleafure

an

CAMM,' JOHN

A Review
'i

of
.
|

The Redlor Deteded


|

or the

Colonel

Reconnoitered.
|

Vvintedhy J ofephRoyle, UBCCLXIY Title page. Text, pp. 3-29 19x15.5 cm. The arguments the clergy fet forth to maintain their pofition created intenfe feeling throughout the Colony, and was a prime fa(5lor in bringing about the feparation of the Church and State. The influence exercifed by the clergy prior to their attempt to didtate to the Affembly was very marked. Their caufe, however, was put to a very
Part of the
Firft.
.

Williamfburg:

and the defeat adminiftered them by the various juries to which were fubmitted, was a blow from which they never fully recovered. The Rev. John Maury in reciting to the Rev. John Camm the incidents of the trial of this caufe, gives a very entertaining account of this cafe, and fo far as is known it is the moft prominent expreffion of M'' Maury on the fubjedt:
fevere teft at this time,
their caufes

December^
To the Rev. John Camm. Dear Sir:

12"',

176^.

Now that I am fomewhat at leifure, than when I wrote to you by Major Winfton, from Hanover, fome few days ago, I have fat doivn to give you the beft account I can of the moft material paffages in the trial of my caufe againft the Collodors in that Court, both to fatiffy your own curiofity, and to enable the lawyer, by whom
managed in the General Court, to form fome judgment of its merits. you were advifed from Nov'r Court, that the Bench had adjudged the twopenny ad to be no law; and that, at the next, a jury, on a writ of inquiry, were to examine whether the Plaintiff had fuftained any damages, and what. Accordingly, at December Court, a feled jury was ordered to be fumnioned; but, how far they who gave the order, wifhed or inteded it to be regarded, you may judge from the fequel. The Sheriff went into a public room, full of gentlemen, and told his errand. One excnfed himfelf (Peter Robinfon of King William) as having
it is to

be

I believe,

fir,

already given his opinion in a fimilar cafe.


told

On

this,

as a perfon then prefent


there.

me, he immediately

left

the room, without

fummoning any one perfon

afterwards met another gentleman (Richard Sq. Taylor) on the green, and, on his faying he was not fit to ferve, being a churchwarden, he took upon himfelf to

He

made no further attempts to fummon You'll fay, were but feeble endeavors to comply with the diredions of the Court in that particular. Hence, he went among the vulgar herd After he had feleded and fet down upon his lift about eight or ten of thefe, I met
excufe htm,
too,

and, as far as I can learn,

gentlemen.

Thefe,

him with

to him that they were not being people of whom I had never heard before, except one, whom, I told him, he knew to be a party in the caufe, as one of the Colledor's Securities, and, therefore, not fit for a juror on that occafion
it
it,

in his hand, and on looking over

obferved

fuch jurors as the Court had direded

him

to get,

Yet

this

man's name was not era fed.

He was

not excufed himfelf, would probably have been admitted.


that the

even called in Court, and, had he For, I cannot recoiled

been fummoned.

Court expreffed either furprife or diflike that a more proper jury had not Nay, though I objeded againft them, yet, as Patrick Henry

{one of the Defendant's lawyers) mfifted they were honeft men, and, therefore, unexceptionable, they were immediately called to the book and fworn. Three of

them, as I

was afterwards

nation called

New

muft have known.


.
t

told, nay, fome faid four, were Diffenters of that denomiLights, which the Sheriff, as they were all his acquaintance Meffrs. Gift and McDowall, the two moft confiderable purchaf-

ers

Bofton Athenaeum.

Lenox Library.

'

Fontaine Memoirs of a Huguenot Family.

[Hi]
ers in that county,

were

nmv called in

to

prove the price of tobacco, and (worn.

The

teftimony of the former imported, that, during the months of May and June, /75P, tobacco had currently fold at ^o s. per hundred, and that himfelf, at or about the
latter

end

of the laft of thofe months,


reft,

had

fold

and, amongft the

one hundred
till

to be

delivered in the
. '

however, were not delivered

September.

fame hundreds of hhds. at that price, month of Auguft, which, That of the latter only proved, " That
'

0
of

s.

was

for the Plaintiff.

my

This was the fum of the evidence Againft him, ivas produced a receipt to the Colledor, to the beft remembrance in thefe ivords: " Received of Thomas Johnfon, Jun'r, at this
the current price to tobacco that feafon

and fame former payments, 144, current money, by James Mauiy. " After the laxvyers on both fides had difplayed the force and weight of the evidence, pro and con to their Honors, the furors, and one of thofe who appeared for the Defendants had obferved to them that they muft find, {or if thay must find, I am not fure which, but think the former) for the Plaintiff, but need not find more than one farthing;
they went out, and, according to inftrudion {though whether according to evidence

or not, I leave you to judge), in lefs than five minutes brought in a verdid for the

was contrary to was taken of it, and He then moved to have the the verdid admitted without hefitation by the Bench. His next evidence of Meffrs. Gift and McDowell recorded, with as little effed. motion, which ivas for a new trial, fhared the fame fate. He then moved it might be admitted to record, " that he had made a motion for a new trial, becaufe he confidered the verdid contrary to evidence, and that the motion had been rejeded;" He laftly moved for an appeal, which, which, after much altercation, was agreed to. This, fir, as well as I can remember, is a juft and impartial too, was granted. One occurrence narrative of the moft material occurences in the trial of that caufe.
Plaintiff, one

penny damages.

M"'

Lyons

urged, as the verdid

evidence, the jury ought to be fent out again.

But no

notice

more,

tho' not effential to the caufe,

I can't help mentioning, as a ftriking inftance


M""

in particular, and

of the Bench to the Church of England Henry, m-entioned above {who had been called in by the Defendants, as we fufpeded, to do what I fame time ago told you of), after M'' Lyons had opened the caufe, rofe and harrangued the jury for near an This harangue turned upon points as much out of his own depths, and hour. that of the jury, as they were foreign from the purpofe; which it would be impertinent to mention here. However, after he had difcuffed thofe points, he labored to prove " that the ad of ly^H had every charaderiftic of a good law; that it was a law of general utility, and could not, confiftently with what he called the original com pad betxveen King and people, ftipulating protedion on the one Jiand and obedience on the other be annulled. " Hence, he inferred, " that a King, by difallowmg Ads of this falutary nature, from being the father of his people, degenerated into a Tyrant and forfeits all right to his fubjeds' obedience. " He further urged, " that the only ufe of an Eftablifhed Church and Clergy in fociety, is to enforce obedience to civil fandions, and that the obfervance of thofe which are called duties of imperfed obligation; that, when a Clergy ceafes to anfwer thefe ends, the community have no further need of their miniftry, and may juftly ftrip them of their appointments;

of the loyalty, impartiality

and attachment

to religion at large.

that the Clergy of Virginia, in this particular inftance of their refufing to acquiefce

in the law in queftion, had been fo far from anfwering, that they had moft notorioufly counteraded, thofe great ends of their inftitution; that, therefore, inftead of
ufeful

members

of the ftate, they ought to be confidered

and

that,

in the cafe

now

before them,

M^ Maury,
to be

inftead of countenance,

as enemies of the community; and profeverity. "

tedion and damages, very juftly deferved

punifhed with fignal

And

then he perorates to the following purpofe, "that excepting they {the jury) were

difpofed
flip the

to rivet the

chains of bondage on their

opportunity which

now

offered, of

own necks, he hoped they would not let making such an example of him as might,
to

hereafter, be

a warning

to

himfelf and his brethren, not

have the temerity, for the

future, to

difpute the validity of fuch laws, authenticated

by the only authority, which

liii

which, in his conception, could give force

laws for the government of this Colony, the authority of a legal reprefentative of a Council, and of a kind and benevolent and patriot Governor." You'll obferve I do not pretend to remember his words,
to

but take this to have been the

fum and

fubftance of this of his labored oration.


to affert, " that

When

he came

to that

part of

it

where he undertook

or difallowing

ads

of fo falutary

a nature, from being the

a King, by annulling Father of his people

degenerated into a Tyrant,

and

forfeits all right to his fubjeds' obedience;" the

more fober part of the audience were ftrud with horror. Lyons' called out aloud, and with an hone ft warmth, to the Bench, " That the gentleman had fpoken treafon," and expreffed his aftonifhment " that their worfhip could hear it without emotion, or any mark of diffatiffadion. " At the fame inftant, too, amongft fome gentlemen in the crowd behind me, was a confufed murmur of Treafon, Treafon! Yet M' Henry went on in the fame treafonable and licentious ftrain, without interruption from the Bench, nay, even without receiving the leaft exterior notice of their One of the jury, too, was fo highly pleafed with thefe dodrines, difapprobation. that, as I was afterwards told, he every now and then gave the traitorous declaimer a nod of approbation. After the Court was adjourned, he apologifed to me for what he had faid, alleging that his fole view in engaging in the caufe, and in faying what he had, was to render himfelf popular. You fee, then, it is fo clear a point
in this perfon's opinion, that the ready road to popularity here,
is, to

trample under

if

foot the inter efts of religion, the rights of the church, and the perogative of the crown. " affumption of a power to bind the King's hands," If this be not pleading for the " it be afferting fuch fupremacy in provincial Legiflatures" as is

inconfiftent

with the dignity of the Church of England, and manifeftly tends to draw the people of thefe plantations from their allegiance to the King, tell me, my dear fir, what is

M' Cootes, merchant on James River, after Court, faid "he fo, if you can. would have given a confiderable fum out of his own pocket, rather than his friend
Patrick fhould have been guilty of a crime, but little, tf any thing inferior to that which brought Simon Lord Lovatt to the block;" and juftly obferved that he exceeded the moft feditious and inflammatory harangues of the Tribunes of old

Rome.

My
little elfe

warmeft wifhes and prayers ever attend you.


in the power
of,

And

be fides thefe there is

my dear Camm,
affedionate,

Your

J.

MAURY

Jury in this Cafe, fettled the queftion for once and for all, as was made thereafter by the clergy to fecure the rights accorded them imder the Adl of 1698. They did appeal to the Governor upon the ground of oppreflion, and while he contented to grant the appeal the matter was never brought prominently before the people again. This cafe, which attained fuch prominence, likewife awarded to Patrick Henry, the pofition of the leading couiifel in the Colony, which is attefted by the fadt of the exiftence of his fee books now depofited at Red Hill, in Charlotte Coimty, where this great lawyer and orator is buried. Thefe books fhow beyond a doubt that M' Henry had a large pradlice prior to 1763, but after figuring fo prominently in the "Parson's Cause," his labors increafed to fuch an extent that he was comlittle effort

The

verdi(5l of the

pelled to decline to be affociated with

many

cafes which he would, under other circum-

ftances have

become

identified.

nies.

Following the treaty of Paris, in 1763, great joy was manifeft throughout the ColoBy this treaty the poffeffions of Great Britain had increafed to fuch an extent as to

advance her to the higheft place among the nations of the earth. In no part of the Britifh poffeffions was joy more genuine than in America, as in the language of James Otis, "We in America have abundant reafon to rejoice. The heathen are driven out and the Canadians conquered. Britifh dominion now extends from fea to fea and from the great rivers to the end of the earth liberty and knowledge, civil and religious, will co;

extend

"

Hv

extend, improve and preferve, to the lateft pofterity.


tinited let

What God

in his providence has

no man dare to pull afunder. Bright as the future feemed to be for America at this time, the Colonies were deftined to a reftridtion of the liberty extended to them by the various charters under which they were created. The vaft expenfes attending the Colonial wars, determined Great Britain The rigid enforceto renew the tax on fugar and molaffes imported into the Colonies. ment of the Navigation Adls was aKo decided upon and all officers, civil and military, received inftrudlions to put an end to illicit traffic and to fubmit all queftions of this kind to the Courts of Admiralty rather than to the American juries. In order to ftimulate adlion, officers making feizures were given emoluments in cafes of forfeiture, which at once affirmed the form of an oppreffion in the higheft degree, as there was no appeal fave that granted by the Privy Council in England. The decifion of the Courts of Admiralty were, to all intents and purpofes final, as the cofts attending fuch an adlion made Information was aKo conveyed to the it impoffible to carry a cafe to the higher court. Colonies by their Agents, that an attempt had been made to alter the Colonial charters It was alfo the intent of the fo as to deftroy the influence of the various affemblies. Crown to create a ftanding army to be ftationed in America, and to impofe a tax on the Such was the outlook at the clofe of 1 763, and the general feeling Colonies to fupport it. pervaded the Colonies that almoft anything detrimental to their interefts could be
expected.

George Grenville, who had fucceeded to the miniftry, realizing that nothing could be accomplifhed by changing the charters of the refpedtive Colonies, informed all Colonial agents that this plan would be abandoned. He was fully determined, however, to impofe a stamp tax, unlefs the Colonies could fuggeft an equally efficient method of taxation. No adlion of this kind being poffible in America in fo fhort a time, it was determined to pafs a fet of declaratory refolves, which were adopted on March g*^, 1764. Thefe Refolutions were agreed to on the 17* of the fame month, and heartily approved by the King, who maintained that the regulations which had been eftablifhed were wife,

and that
terefts of

it

was right and proper to augment the public revenues, and to " imite the inthe moft diftant poffeffions of the Crown, and to encourage and fecure their
Britain.

commerce with Great

"

Thefe refolves greatly aroufed America and public meetings were held in every Colony. The opponents of the tax were called " Whigs" and "Patriots, " while thofe in favor of it were termed "Loyalifts," "Tories" and "Friends of Government." Protefts from nearly all the Colonies againft the propofed tax were forwarded to Great Britain, and in reply, the miniftry declared that they had only afked the Colonies to indicate an acceptable tax, and did not defire them to fubmit reafons why they fliould not defray a part of the expenfes of the Home Government. The Colonies were alfo advifed that the tax had been determined upon, and that the various protefts had had the effedl of

promoting

legiflation of this kind.

upon in Virginia, an addrefs to his Majefty, Memorials to the Lords and Commons and to the Agent of this Colony were adopted on Tuefday
Oppofition being determined

the 18"^ of December, 1764.

In thefe Memorials the Burgeffes maintained the loyalty of

where taxes were laid upon a or their legal reprefentatives. It was aKo thought fuch their confent by without people an adlion would create an additional burden upon the Colony as well as being deftrucVirginia, but fet forth that freedom could not exift
tive to the interefts of Great Britain.

TO THE KING'S MOST EXCELLENT MAJESTY.

MOST GRACIOUS SOVEREIGN.


your Majefty's dutiful and loyal Subjedls, the Council and Burgeffes and Dominion of Virginia, now met in General Affembly, beg Leave to affure your Majefty of our firm and inviolable Attachment to your facred Perfon and Government and as your faithful Subjedls here have at all Times
of your ancient Colony
;

We

[Iv]
Times been zealous to demonftrate this Truth, by a ready Compliance with the Royal Requifitions during the late War, by which a heavy and oppreffive Debt of near Half a Million hath been incurred, fo at this Time they implore Permiffion to approach the Throne with humble Confidence, and to intreat that your Majefty will be graciously pleafed to protedt your People of this Colony in the Enjoyment of their ancient and ineftimable Right of being governed by fuch Laws refpedting their internal Polity and Taxation as are derived from their own Confent, with the Approbation of their Sovereign or his Subftitute A Right which as Men, and Defcendants of Britons, they have ever quietly poffeffed fince firft by Royal Permiffion and Encourgagement they left the Mother Kingdom to extend its Commerce and Dominion. Your Majefty's dutiful Subjects of Virginia moft humbly and unanimoufly hope that this invaluable Birthright, defcended to them from their Anceftors, and in which they have been protedled by your Royal Predeceffors, will not be fuffered to receive an Injury under the Reign of your Sacred Majefty, already fo illuftrioufly diftinguifhed by your gracious Attention to the Liberties of the
:

People.
er of your faithful Subjects, the Council

That your Majefty may long live to make Nations happy is the ardent Prayand Burgeffes of Virginia.

TO THE RIGHT HONOURABLE THE LORDS SPIRITUAL AND TEMPORAL IN PARLIAMENT ASSEMBLED:
The Memorial
Affembly,
of the Council

and Burgeffes

of Virginia,

now met

in General

Htunbly reprefents.

That your Memorialifts hope on Application to your Lordfhips, the fixed and hereditary Guardians of Britifh Liberty, will not be thought improper at
Time, when Meafures are propofed fubverfive, as they conceive, of that Freedom which all Men, efpecailly thofe who derive their Conftitution from Britain, have a Right to enjoy and they flatter themf elves that your Lordfhips will not look upon them as Objects fo im worthy your Attention as to regard any Impropriety in the Form or Manner of their Application, for your Lordfhips Protedlion of their juft and undoubted Rights as Britons. It cannot be Prefumption in your Memorialifts to call themfelves by this diftinguifhed Name, fince they are defcended from Britons who left their native Country to extend its Territory and Dominion, and who happily for Britain, and as your Memorialifts once thought for themfelves too, eft'edled this Purpofe. As our Anceftors brought with them every Right and Privilege they could with Juftice claim in their Mother Kingdom, their Defcendants may conclude they cannot be deprived of thofe Rights without Injuftice. Your Memorialifts conceive it to be a fundamental Principle of the Britifh Conftitution, without which Freedom can no Where exift, that the People are not fubjedt to any Taxes but fuch as are laid on them by their own Confent, or by thofe who are legally appointed to reprefent them Property muft become too precarious for the Genius of a free People which can be taken from them at the Will of others, who cannot know what Taxes fuch People can bear, or the eafieft Mode of raifing them and who are not under that Reftraint, which is the greateft Security againft a burthenfome Taxation, when the Reprefentatives themfelves muft be affecfted by every Tax impofed on the People. Your Memorialifts are therefore led into an humble Confidence that your Lordfliips will not think any Reafon fufficient to fupport fuch a Power in the Britifh Parliament, where the Colonies cannot be reprefented a Power never before conftitutionally af fumed, and which if they have a Right to exercife on any Occafion mioft neceffarily eftablifh this melancholy Truth, that the Inhabitants of the Colonies are the Slaves of Britons, from whom they are defcended,
this
;

and

[ Ivi ]

and from whom they might expedl every Indulgence that the Obligations of Intereft and Affedlion can entitle them to. Your Memorialifts have been invefted with the Right of taxing their own People from the firft Eftablifhment of a regular Government in the Colony, and Requifitions have been conftantly made to them by their Sovereigns on all Occalions when the Affiftance of the Colony was thought neceffary to preferve the Britifh Intereft in America; from whence they muft conclude they cannot now be deprived of a Right thev have fo long enjoyed, and which they have
never
forfeited.

The Expenfes incurred during the laf t War, in Compliance with the Demands Colony by our late and prefent moft gracious Sovereigns, have involved us in a Debt of near Half a Million a Debt not likely to decreafe under the conon
this
;

tinued Expenfe

we

are at in providing for the Security of the People againft the

Incurfions of our favage Neighbors, at a

Commodity, the

total

Want of Specie, and

Time when the low ftate of our Staple the late Reftridlions upon the Trade

of the Colonies, render the Circumftances of the People extremely diftreffful,

and which, if Taxes are accumulated upon them by the Britifh Parliament, will make them truly deplorable. Your Memorialifts cannot fuggeft to themfelves any Reafon why they fhould not ftill be trufted with the Property of their People, with whofe Abilities, and the leaft burthenfome Mode of taxing (with great Deference to the fuperior Wifdom of Parliament) they muft be beft acquainted. Your Memorialifts hope they fhall not be fufpecfted of being adtuated on this Occafion by any Principles but thofe of the pureft Loyalty and Affe<5lion as they always endeavoured b)^ their Condudl to demonftrate that they confider their

Connexions with Great Britain, the Seat of Liberty, as their greateft

Happinefs.

The Duty they owe to themfelves and their Pofterity lays your Memorialunder the Neceffity of endeavouring to eftablifh their Conftitution upon its proper Foundation and they do moft humbly pray your Lordfhips to take this Subjedl into your Confideration with the Attention that is due to the Well being of the Colonies, on which the Profperity of Great Britain does in a great Meafure
ifts
;

depend.

TO THE RIGHT HONOURABLE THE KNIGHTS, CITIZENS, AND BURGESSES OF GREAT BRITAIN. IN PARLIAMENT ASSEMBLED:
The Remonftrance of the Council and Burgeffes of Virginia. It appearing by the printed Votes of the Hoiife of Commons
tain in Parliament affembled that in a

of Great Bri-

Committee

of the whole Hotife, the

17*

laft, it was refolved that towards defending, protedling, and Day of fecuring the Britifh Colonies and Plantations in America, it may be proper to charge certain Stamp Duties in the faid Colonies and Plantations and it being apprehended that the fame Subjedl, which was then declined, may be refumed and further purfued in a fucceeding Seffion, the Council and Burgeffes of Virginia, met in General Affembly, judge it their indifpenfable Duty, in a refpedlful Manner, but with decent Firmnefs, to remonftrate againft fuch a Meafure,
;

March

that at leaft a Ceffion of thofe Rights, which in their Opinion mioft be infringed by that Procedure, may not be inferred from their Silence, at fo important a
Crifis.

They conceive it is effential to Britifh Liberty that Laws impofing Taxes on the People ought not to be made without the Confent of Reprefentatives chofen by themfelves who, at the fame Time that they are acquainted with the Circtimftances of their Conftituents, fuf tain a Proportion of the Burthen laid on them. This Privilege, inherent in the Perfons who difcovered and fettled thefe Regions, could not be renovmced or forfeited by their Removal hither, not as Vagabonds
;

; ;

[ Ivii ]

Vagabonds or Fugitives, but licenfed and encouraged by their Prince and animated with a laudable Defire of enlarging the Britifh Dominion, and extending On the contrary, it was fecured to them and their Defcendants, its Commerce with all other Rights and Immunities of Britifh Subjects, by a Royal Charter, which hath been invariably recognifed and confirmed by his Majefty and his Predeceffors in their Commiffions to the feveral Govemours, granting a Power, and prefcribing a Form of Legiflation according to which, Laws for the Adminiftration of Juftice, and for the Welfare and good Government of the Colony, have been hitherto enadted by the Govemour, Council, and General Affembly, and to them Requifitions and Applications for Supplies have been directed by the Crown. As an Inftance of the Opinion which former Sovereigns entertained of thefe Rights and Privileges, we beg Leave to refer to three A(5ls of the General Affembly paffed in the 32'* Year of the Reign of King Charles II (one of which is entitled An Adt for raifing a Publick Revenue for the better Support of the Government of his Majefty's Colony of Virginia, impofmg feveral Duties for that Purpofe) which they thought abfolutely neceffary, were prepared in England, and fent over by their then Govemour, the Lord Culpeper, to be paffed by the General Affembly, with a full Power to give the Royal Affent thereto and which were accordingly paffed, after feveral Amendments were made to them here Thus tender was his Majefty of the Rights of his American Subjedls and the Remonftrants do not difcem by what Diftin(5lion they can be deprived of that facred Birthright and moft valuable Inheritance by their Fellow Subje(fts, nor with what Propriety they can be taxed or affedled in their Eftates by the Parliament, wherein they are not, and indeed cannot, conftitutionally be repre: ;

fented.

And if it were proper for the Parliament to impofe Taxes on the Colonies at
which the Remonftrants take Leave to think would be inconfiftent with the fimdamental Principles of the Conftitution, the Exercife of that Power at this Time would be ruinous to Virginia, who exerted herfelf in the late War it is feared beyond her Strength, infomuch that to redeem the Money granted for that Exigence her People are taxed for feveral Years to come This, with the large Expenfes incurred for defending the Frontiers againft the reftlefs Indians, who have infefted her as much fmce the Peace as before, is fo grievous that an Increafe of the Burthen will be intolerable efpecially as the People are very greatly diftreffed already from the Scarcity of circulating Cafh amongft them, and from the Httle Value of their Staple at the Britifh Markets. And is it prefumed that adding to that Load which the Colony now labors imder will not be more oppreffive to her People than deftrudlive of the Intereft of Great Britain For the Plantation Trade, confined as it is to the Mother Country, hath been a principal Means of multiplying and enriching her Inhabitants and, if not too much difcouraged, may prove an inexhauftible Source of Treasure to the Nation. For Satiffadlion in this Point, let the prefent State of the Britifh Fleets and Trade be compared with what they were before the Settlement of the Colonies and let it be confidered that whilft Property in Land may be acquired on very eafy Terms, in the vaft uncultivated Territory of North America, the Colonifts will be moftly, if not wholly, employed in Agriculture whereby the Exportation of their Commodities of Great Britain, and the Confumption of their Manufadlures fupplied from thence, will be daily increafing. But this moft defirable Connexion between Great Britain and her Colonies, fupall,
:

ported by fuch a happy Intercourfe of reciprocal Benefits as is continually advancing the Profperity of both, muft be interrupted, if the People of the latter,

reduced to extreme Poverty, fhould be compelled to manufafture thofe Articles they have been hitherto fumifhed with from the former.

From thefe Confiderations, it is hoped that the Honourable Houfe of Commons wiU not profecute a Meafure which thofe who may fiiffer tmder it cannot
but

[ Iviii ]

but look upon as

fitter for

Exiles driven from their native Country after ignomi-

and Protedlion, than for the Profperity of Britons Times been forward to demonftrate all due Reverence to the Mother Kingdom, and are fo inftrumental in promoting her Glory and Felicity and that Britifh Patriots will never confent to the Exercife of anti-conf titutional Power, which even in this remote Comer may be dangerous in its Example to the interiour Parts of the Britifh Empire, and will certainly be detrimental to its Commerce. Six days after thefe Memorials had been adopted, Governor Fauquier advifed the Board of Trade of the adlion of the Affembly, and ftated that while he had not feen the Memorials in queftion, he was fatiffied they would not be acceptable to Great Britain:
nioufly forfeiting her Favours

who have

at all

W"''bnrg' Dec' 24"' 1764.

My
to

Lords,

my letter to your Right Hon'''' Board of the 16''' Ult. I did myfelj the honor tranfmit to your Lordfhips my fpeech at the opening of the Seffion, and the
In
I have

Addreffes of the Council and Burgeffes.


of

now adjourned them


made a

to the

i" day

May

next.

The approach

of the holidays

and

the almoft neceffary pre fence of

the Burgeffes at

home

to look after their

own

plantations,

recefs

from bufi-

nefs expedient, and a prorogation would have defeated all the progrefs they have made in the bufinefs before them, particularly the Tobacco Law, the confideration

which had taken them up a fortnight in the Committee of the whole Houfe. I am informed they have jointly ordered an addrefs to His Majefty and a memorial to the Houfe of Peers, with another to the Houfe of Commons, to their Agent, to be by him promptly recommended to be prefented as direded. In the refoof

Burgeffes the terms are very warm and indecent as Your Lordfhips will obferve in their Journals; but I have been told by fome Gentlemen of the Committee appointed to draw them up, that their whole ftudy has been to endeavlutions of the

Houfe

of

our

to

mollify them,

and

they have reafon to hope there is nothing

now

in them

which

will give the leaft offence.

I have not yet feen them, but when they are fairly

and the difpatches made up for their Agent, I apprehend they will be communicated to me, as all other difpatches are. The Subjed matter of them is praying to be permitted to tax themfelves. I thought it my duty to give your Lordfhips the moft early intelligence of this matter in my power.
tranfcribed
. . .

am

with great refped

My Lords
Your Lordfhips moft
obedient

and devoted Servant

FRAN: FAUQUIER.
Without confideration
of the various Memorials of the Colonies protefting againft

taxation, Grenville offered fifty-five refolutions, embracing the Stamp A(?t details, on February 6* 1765. In his addrefs, prior to delivering the refolutions in queftion, he main-

tained that the Colonies being afforded prote(?tion by Parliament, that Parliament had the right to lay a revenue upon them that fuch prote(5lion meant a ftanding army, and that in order to maintain this body of men it was neceffary to levy taxes that the debt
; ;

hundred and forty millions fterling, while the Colonial of debt did not exceed eight hundred thoufand pounds, and that the Colonies paid but feventy-five thoufand pounds annually for the fupport of their refpedlive governments He likewife declared that the charters interpofed no obftacle in the form of a parliamentary tax, and that the Colonies were conftrudtively reprefented in Parliament. A lengthy debate in the interefts of the Colonies refulted, but without avail, as the aft was paffed on February 27**^, 1765. At the time of this difcuffion an effort was made to read the protefts of the various Colonies, but this privilege was denied, and on March 8* folGreat Britain amounted
to one

lowing, the Houfe of Lords, without a fingle diffenting voice agreed to the a<5l in queftion. On March 22"^ royal affent was fecured, but it was determined that the law fhould not

become operative

until

November

" following

Whereas
Bancroft Tranfcripts Library of Congrefs.

[lix]

STAMP ACT.
Whereas,

by an adl made in the

laft feffion of

Parliament, feveral duties were

and appropriated towards defrajang the expenfes of defending, protedting, and fecuring the Britifh colonies and plantations in America; and whereas it is firft neceffary that provilion be made for railing a further revgranted, continued,

enue within your Majefty's dominions in America, towards defraying the faid expenfes; we, your Majefty's moft dutiful and loyal fubjedts, the Commons of Great Britain, in Parliament affembled, have therefore refolved to give and grant unto your Majefty the feveral rights and duties hereinafter mentioned; and do moft humbly befeech your Majefty that it may be enadted. And be it enadled by the King's moft excellent Majefty, by and with the advice and con-

and temporal, and commons, in this prefent Parliament affembled, and by the authority of the fame, that from and after the firft day oi N ovemher one thovd.a,n<l feven hundred and fixty -five, there fhall be raifed, levies, colledted, and paid unto his Majefty, his heirs and fucceffors, throughout the colonies and plantations in America, which now are, or hereafter may be, imder the dominion of his Majefty, his heirs and fucceffors
tent of the lords fpiritual
,

For every fkin of piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed written, or printed any declaration, plea, replication, rejoinder, demurrer, or other pleading, or any copy thereof in any court of law within the Britifh colonies and plantations in America, a ftamp duty of three pence. 2. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall he engroffed, written, or printed any fpecial bail, and appearance upon fuch bail in any fuch court, a ftamp duty of two fhillings. 3. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which may be engroffed, written, or printed any petition, bill, or
1.

anfwer, claim, plea, replication, rejoinder, demurrer, or other pleading, in


coiut of chancery or equity within the faid colonies
of one fhilling
4.

any and plantations, a ftamp adb

and

fix

pence.

For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any copy of any petition,
bill

anfwer, claim, plea, replication, rejoiner, demurrer, or other pleading, in any fuch court, a ftamp duty of three pence.
5.

For every fkin or piece of vellum or parchment, or fheet or piece of

paper, on which fhall be engroffed, written, or printed

any monition,

libel,

anfwer, allegation, inventory, rentmciation, in ecclefiaftical matters, in any ocourt f probate, court of the ordinary, or other court exerciling ecclefiaftical
jurifdiction
fhilling.

within the faid colonies and plantations, a ftamp duty of one

For every fkin or piece of vellum or parchment, or fheet or piece of any copy of any will (other than the probate thereof), monition, libel, anfwer, allegation, inventory, or renunciation, in ecclefiaftical matters in any fuch court a ftamp duty of fix
6.

paper, on which fhall be engroffed, written, or printed

pence.

For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any donation, prefenta7.

tion, collation or inftitution, of or to

the like purpofe, or any regifter, entry, teftimonial, or certificate of

any benefice, or any writ or inftrument for any degree

taken in any univerfity, academy, college, or feminary of learning, within the faid colonies and plantations, a ftamp duty of two pounds. 8. For every fkin or piece of vellum or parchment, or fheet or piece of paper on, which fhall be engroffed, written, or printed any monition, libel, claim, anfwer, allegation, information, letter of requeft, execution rentmciation,
,

inventory

[be]
inventory, or other pleading, in any admiralty court within the faid colonies

ftamp duty of one fhilling. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which any copy of any fuch monition, libel, claim, anfwer, allegation,

and

plantations, a
9.

information, letter of requeft, execution, renunciation, inventory, or other

pleading fhall be engroffed, written, or printed, a ftamp duty of fix pence. 10. For every fkin or price of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any appeal, writ of error,
writ dower, ad quo
ing, in

tation, or certificate,

damnum, certiorari, ftatute merchant, ftatute ftaple, attefby any officer, or exempUfication of any record or proceedany court whatfoever, within the faid colonies and plantations (except
and exemplications, any proceedings from before a fmgle juftice of

appeals, writs of error, certiorari, atteftations, certificates,


lor,

or relating to the removal of

the peace) a ftamp duty of ten fhillings.

For every fkin or piece of vellum or parchment, or fheet or piece of on which fhall be engroffed, written, or printed any writ of covenant for levying fines, writ of entry for fuffering a common recovery or attachment iffuing out of or returnable into any court within the faid colonies and plantations, a ftamp duty of five fhillings. 12. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any judgment, decree, or fentence, or difmiffion, or any record of nifi prius or poftea, in any court within the faid colonies and plantations, a ftamp duty of four fliillings. 13. For ever>' fkin or piece of vellum or parchment, or fheet of paper, on which fliall be engroffed, written, or printed any affidavit, common bail, or appearance, interrogatory, depofition, rule, order or warrant of any court, or any dedimns poteftament, capias subpoena, fummons, compuKory citation, commiffion, recognizance, or any other proceeding therein whatfoever, or any copy thereof, or of any record not hereinbefore charged, within the faid colonies and plantations (except warrants relating to criminal matters, and proceedings thereon, or relating thereto) a ftamp duty of one fhilling 14. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any note or bill of lading, which fhall be figned for any kind of goods wares or merchandife, to be exported from, or any cocket or clearance granted within the faid colonies and plantation a ftamp duty of four pence. 15. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed letters of mart or commiffion for private fl:ips-of-war, within the faid colonies and plantations, a ftamp duty of twenty fhillings. 16. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall he engroffed, written, or printed any grant, appointment, or admiffionof or to any public beneficial office or employment, for the fpace of one year, or any leffer time, of or above twenty pounds per annum fterling money, in falary, fees, and perquifites, within the faid colonies and plantations except commiffions and appointments of officers of the army, navy, ordnance, or militia, of judges, and of juftices of the peace), a ftamp duty of ten fhillings. 17. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which any grant, of any liberty, privilege, or franchife, under the feal or fign manual of any governor, proprietor, or public officer, alone or in confejundlion with any other perfon or perfons, or with any council, or any council and affembly, or any exemplification of the fame, fhall be engroffed, written, or printed within the faid colonies and plantations, a ftamp duty of fix pounds. 18. For every fkin or piece of vellum or parchment, or flieet or piece of paper, on which fhall be engroffed, written, or printed any licenfe for retailing
1 1

paper,

fpirituous

[Lxi]
any perfon who fhall take out the fame, within the faid colonies and plantations, a ftamp duty of twenty fhillings. 19. For every fkin or piece of vellum or parchment, or fheet or piece of
fpirituous liquors, to be granted to

paper, on which fhall be engroffed, written, or printed


of wine, to

any

licenfe for retailing


retail-

be granted to any perfon who

fhall

not take out a licenfe for

ing of fpirituous liquors, within the faid colonies and plantations, a ftamp duty of four pounds.

For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any licenfe for retailing of fpirituous liquors, within the faid colonies and plantations, a ftamp duty of
20.

three potmds.

For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any probate of will, letters of adminiftration, or of guardianfhip for any eftate above the value of twenty pounds fterling money, within the Briiifh colonies and plantations upon the continent of America, the iflands belonging thereto, and the Bermuda and Bahama iflands, a ftamp duty of five fhillings. 22. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fliall be engroffed, written, or printed any fuch probate, letters of adminiftration or of guardianfhip, within all other parts of the Britifh dominin America, a ftamp duty of ten fhillings. 23. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any bond for fecuring the payment of any fum of money, not exceeding the fum of ten pounds fterling money, within the Britifh colonies and plantations upon the continent of America, the iflands belonging thereto, and the Bermuda and Bahama iflands, a ftamp duty of flx pence. 24. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written or printed any bond for fecuring the payment of any fum of money above ten pounds and not exceeding twenty pounds fterling money, within fuch colonies, plantations, and iflands, a ftamp duty of one fhilling. 25. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any bond for fecuring the payment of any fum of money above twenty pounds and not exceeding forty po\md fterling money, within fuch colonies and plantations and iflands, a ftamp duty of one fhilling and flx pence. 26. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written or printed any order or warrant for furveying or fetting out any quantities of land not exceeding 100 acres, iffued by any governor, proprietor ,or any public officer, alone or in conjundlion with any other perfon or perfons, or with any council, or any council or affembly, 27. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any fuch order or warrant for furveying or fetting out any quantity of land above 100 and not exceeding 200 acres, within the faid colonies and plantations, a ftamp duty of one
21.
fhilling.

28. For every fkin or piece of vellum or parchment, or fheet or piece of paper on which fhall be engroffed, written or printed any fuch order-or warrant for furveying or fetting out any quantity of land above 200 and not exceeding 320 acres, and in proportion for every fuch order or warrant for furveying or fetting out every other 320 acres, within the faid colonies and plantations, a ftamp duty of one fhilling and fix pence. 29. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written or printed any original grant or any deed

[ Ixii ]

deed, mefne conveyance, or other inftrument whatfoever, by which any quantity of land not exceeding loo acres fliall be granted, conveyed, or affigned, with-

belonging thereto,

and plantations upon the continent of America the iflands and the Bermuda and Bahama ifllands (except leafes for any term not exceeding the term of twenty-one years) a ftamp duty of one fhilling and fix pence. 30. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any fuch original grant, or any fuch deed, mefne, conveyance, or other inftrument whatfoever, by which any quantity of land above 100 and not exceeding 200 acres fhall be granted, conveyed, or affigned, within fuch colonies, plantations, and iflands, a ftamp duty of two fhillings. 31. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any fuch original grant, or any fuch deed, mefne, conveyance or other inftrument whatfoever, by which any quantity of land above 200 and not exceeding 320 acres fhall be granted, conveyed, or affigned, and in proportion for every fuch grant, deed, mefne, conveyance or other inftrument, granting, conveying, or affigning every other 320 acres, within fuch colonies, plantations, and iflands, a ftamp duty of two fhillings and fix pence. 32. For every fkin or piece of vellum or parchment, or flieet or piece of paper, on which fliall be engroffed, written, or printed any fuch original grant, or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which any quantity of land not exceeding 100 acres fhall be granted, conveyed, or affigned, within all other parts of the Britifh dominion in America, a ftamp duty
in the Britifh colonies
,

of three fhillings.

For every fkin or piece of vellum or parchment, or fheet or piece of paper on which fhall be engroffed, written, or printed any fuch original grant, or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which any quantity of land above 100 and not exceeding 200 acres fhall be granted, conveyed, or affigned within the fame parts of the faid domains, a ftamp duty
33.

of four fhillings.

For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any fuch original grant, or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which any quantity of land above 200 and not exceeding 320 acres fhall be granted, conveyed, or affigned, and in proportion for every fuch grant, deed, mefne, con34.

veyance, or other inftrument, granting, conveying, or affigning every other 320 acres within the fame parts of the faid dominions, a stamp duty of five fhillings. 35. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any grant, appointment,
or admiffion of or to any beneficial office or employment, not hereinbefore charged, above the value of twenty poimds per annum fterling money, in falar^^
nies

and perquifites, or any examplification of the fame within the Britifh coloand plantations upon the continent of America, the iflands belonging thereto, and the Bermuda and Bahama Iflands (except commiffions of the officers of the army, navy, ordnance, or militia, and of juftices of the peace), a ftamp duty of four pounds. 36. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed any fuch grant, appointment, or admiffion of or to any fuch public beneficial office or employment, or any exempUfication of the fame within all other parts of the Britifh dominions in America, a ftamp duty of fix pounds. 37. For every fkin or piece of vellum or parchment or fheet or piece of paper, on which fhall be engroffed, written, or printed any indenture, leafe confees,

veyance

. .

::

[ Ixiii ]

veyance, contradl, ftipulation, bill of fale, charter party, proteft, articles of apprenticefhip or covenant (except for the hire of fervants not apprentices, and

matters as hereinbefore charged), within the Britijh colonies and plantations in America, a ftamp duty of two fhillings and fix pence. 38. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which any warrant or order for auditing any public accounts, beneficial warrant, order, grant, or certificate, under any public feal, or tmder the feal or fign manual of any governor, proprietor, or public officer, alone or in conjunction with any perfon or perfons, or with any cotmcil, or any council and
alfo except fuch other
office,

affembly, not hereinbefore charged, or any paffport or letpafs, furrender of or policy of affurance, which fhall be engroffed, written, or printed,

within the faid colonies and plantations (except warrants or orders for the fervice of the army, navy, ordnance, or militia, and grants of offices under twenty

annum, in falary, fees, and perquifites) a ftamp duty of five fhillings. For every fkin or piece of vellum or parchment or fheet or piece of 39. paper, on which fliall be engroffed, written, or printed any notarial a(5l, bond,
potinds per
,

deed, letter of attorney, procuration, mortgage, releafe, or other obligatory

inftrument, not hereinbefore charged, within the faid colonies and plantations,

a ftamp duty of two fhillings. 40. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written or printed any regifter, entry, or enrolment of any grant, deed, or other inftrument whatfoever, hereinbefore charged, within the faid colonies and plantations, a ftamp duty of three pence. 41. For every fkin or piece of vellum or parchment, or fheet or piece of paper, on which fhall be engroffed, written, or printed grant regifter, entry, or enrolment of any grant, deed, or other inftrument whatfoever, not hereinbefore charged, within the faid colonies and plantations, a ftamp duty of two fhillings. 42. And for and upon every pack of playing cards, and all dice, which fhall be fold or ufed within the faid colonies and plantations, the feveral ftamp duties
following (that
43.
is

to fay)

For every pack of cards, one fhilling. 44. For every pair of fuch dice, ten fhillings. 45 And for and upon every paper called a pamphlet, and upon every newfpaper containing pubHc news or occurences, which fhall be printed, difperfed, and made public, within any of the faid colonies and plantations, and for and upon fuch advertifements as are hereinafter mentioned, the refpedlive duties
following (that
46.
is

to fay)

For every fuch pamphlet and paper, contained in a half fheet or any leffer piece of paper, which fhall be fo printed, a ftamp duty of one half -penny for every printed copy thereof. 47. For every fuch pamphlet and paper (being larger than half a fheet and not exceeding one whole fheet) which fhall be printed, a ftamp duty of one penny for every printed copy thereof. 48. For every fuch pamphlet and paper, being larger than one whole fheet and not exceeding fix fheets in odlavo, or in a leffer page, or not exceeding twelve fheets in quarto, or twenty fheets in folio, which fhall be fo printed, a duty after the rate of one fhilling for every fheet of any kind of paper which fhall be contained in one printed copy thereof. 49. For every advertifement to be contained in any gazette, newf paper, or other paper, or any pamphlet which fhall be fo printed, a duty of two fhillings. 50. For every almanac, or calendar, for any one particular year, or for any time lefs than a year, which fhall be written or printed on one fide only of any one fheet, fkin, or piece of paper, parchment, or vellum, within the faid colonies and plantations, a ftamp duty of two pence. For every other almanac or calendar, for any one particular year, which 51
fhall

Ixiv ]

hall be written or printed within the faid colonies and plantations, a ftamp duty of four pence. And for every almanac or calendar, written or printed in the faid col52 onies and plantations, to ferve for feveral years, duties to the fame amount refpedtively fhall be paid for every fuch year. 53. For every fkin or piece of vellum or parchment, or fheet or piece of paper on which any inftrument, proceeding, or other matter or thing aforefaid fhall be engroffed, written, or printed, within the faid colonies and plantations, in any other than the Englifh language, a ftamp duty double the amoimt of the refpedtive duties before chaged thereon. 54. And there fhall be aKo paid, in the faid colonies and plantations, duty of fix pence for every twenty fhillings, in any fum not exceeding fifty poimds fterling money, which fhall be given, paid, contradled, or agreed for with or in relation to any clerk or apprentice, which fhall be put or placed to or with any mafter or miftrefs, to learn any profeffion, trade, or employment. II. And aHo a duty of one fhilling for every twenty fhillings, in any fum not exceeding fifty pounds, which fhall be given, paid, contradled, or agreed for, with or in relation to, any fuch clerk or apprentice. Finally, the produce of all the aforementioned duties fhall be paid into 55 his Majefty's treafury, and there held in refer\^e to be ufed from time to time by
.

the Parliament for the purpofe of defraying the expenfes neceffary for the
defence, protedlion,

and

fecurity of the faid colonies

and plantations.

As this Adl was not to take effedt until November i f' 1765, the time intervening became memorable in the hiftory of the Colonies. In Virginia the people were prepared They decided to to fubmit, but were no lefs defpondent upon reaching fuch a decifion. luxury ufe as few articles of of manufacture as was frugal and to Englifh be extremely The Burgeffes meeting on May i^* no attempt at poffible under the circumftances. Burk defcribed the conrefiftance was offered nor was a further proteft even fuggefted. dition of the Colonies when he enquired of the miniftry " what one charadteriftic of liberty the Americans have, and what one brand of flavery are they free from, if they are bound in their property and induftry by all reftraints you can imagine on commerce, and at the fame time are made pack horfes for every tax you impofe, without the leaft fhare Such was the feeling of Virginia, yet the Affembly, from whom in granting them. " much, had apparently determined to acquiefce without further expedled fo the people remonftrance againft the Adt. This condition of inadlivity, however, proved to be of fhort duration, and ended abruptly in the famous refolutions againft the Stamp Adt introduced by Patrick Henry on May 29"' 1765:

RESOLUTIONS AGAINST THE STAMP ACT:


Refolved, That the firft adventurers and fettlers of this his Majefty's colony and dominion brought with them, and tranfmitted to their pofterity, and all

other his Majefty's fubjedls fmce inhabiting in this his Majefty's faid colony, all the privileges, franchifes, and immvmities that have at any time been held,
enjoyed, and poffeffed
Refolved,

by

the people of Great Britain.


charters, granted

That by two royal

by King James the

Firft

the colonifts aforefaid are declared entitled to all the privileges, liberties, and immunities of denizens and natural-bom fubjedls, to all intents and purpofes as
if

they had been abiding and

bom within the reakn of England.

Refolved,

That the taxation

fen

by themfelves

to reprefent them,

and the eafieft themfelves, is the diftinguifhing charadleriftick of Britifh freefuch taxes by dom, and without which the ancient Conftitution cannot fubfift.
are able to bear,

by themfelves, or by perfons chowho con only know what taxes the people mode of raifmg them, and are equally aflfedled
of the people

Refolved
Speech on American Taxation

Ixv

Refolved, That his Majefty's leige people of this moft ancient colony have uninterruptedly enjoyed the right of being thus governed by their own Affembly in the article of their taxes and internal poHce, and that the fame hath never

been forfeited or
nized

in any other way given up, but hath been conftantly by the kings and people of Great Britain.

recog-

That the General Affembly of this colony have the only and fole exclufive right and power to lay taxes and impofitions upon the inhabitants of this colony, and that every attempt to veft fuch power in any perfon or perfons whatfoever, other then the General Affembly aforefaid, has a manifeft tendency to deftroy Britifh as well as American freedom.
Refolved, therefore,

The famous
writing of
M"'

tranfcript of thefe Refolutions, (frontifpiece)


is

Henry,

while not in the handendorfed on the back of the paper by him as follows

"The within refolutions paffed the Houfe of Burgeffes in May, 1765. They formed the firft oppofition to the Stamp A(5l and the fcheme of taxing America by the Britifh Parliament. All the colonies, either through fear, or want of opportunity to form an oppofition, or from influence of fome kind or other, had remained filent. I had been for the firft time eledled a Burgefs a few days before, was young, inexperienced, unacquainted with the forms of the Houfe, and the members that compofed it. Finding the men of weight averfe to oppofition, and the commencement of the tax at hand and that no perfon was likely to ftep forth, I determined to venture, and alone, unadvifed, and unaffifted, on a blank leaf of an old law-book wrote the within. Upon offering them to the Houfe violent debates enfued. Many threats were uttered, and much abufe caft on me by the party for fubmiffion. After a long and warm conteft the refolutions paffed by a very fmall majority, perhaps of one or two only. The alarm fpread throughout America with aftonifliing quicknefs, and the Minifterial party were overwhelmed. The great point of refiftance to Britifh taxation was univerfally eftablifhed in the colonies. This brought on the war which finally feparated the two countries and gave inedpendence to ours. Whether this will prove a bleffing or a curfe, will depend upon the ufe our peopeople make of the bleffmgs which a gracious God hath beftowed on us. If they are wife, they will be great and happy. If they are of a contrary charadler, they will be miferable. Righteoufnefs alone can exalt them as a nation. Reader! whoever thou art, remember this; and in thy fpliere pradlice virtue thyfelf and encourage it in others.
,

P.

HENRY.

Thomas

Jeff erfon, in f peaking of

the refolutions againft the


"

Stamp

Acft,

the circumftances furrounding the paffage of gives an interefting account of the adlion

" Henry moved and M'' Johnfton feconded thefe refolutions fucceffively. They were oppofed by Meffrs. Randolph, Bland, Pendleton, Wythe, and all the old members, whofe influence in the Houfe had, till then, been unbroken. They did it, not from any queftion of our rights, but on the ground that the fame fentiments had been, at their preceding feffion, expreffed in a more conciliatory form, to which the anfwers were not yet received. But torrents of fublime eloquence from Henry, backed by the folid reafoning of Johnfton, prevailed. The laft, however, and ftrongeft refolution was carried but by a fmgle vote. The debate on it was moft bloody. I was then but a ftudent, and ftood at the door of communication between the Houfe and the lobby (for as yet there was no gallery) during the whole debate and vote and I will remember that, after the members on the divifion were told and declared from the chair, Peyton Randolph (the Attorney-General) came out at the door where I was ftanding, and
;

faid

HenryLife of Henry, Vol.

I,

p. 80.

"

[ Ixvi ]

faid, as

he entered the lobby: 'By God, I would have given 500 guineas for a lingle vote'; for one would have divided the Houfe, and Robin fon, was in the chair, who he knew would have negatived the refolution. M'' Henry left town that evening, and the next morning, before the meeting of the Houfe, Colonel Peter Randolph, then of the Council, came to the Hall of Burgeffes, and fat at the clerk's table till the Houfe-bell rang, thumbing over the volumes of journals, to find a precedent for expunging a vote of the Houfe, which, he faid, had taken place while he was a member or clerk of the Houfe, I do not recolle<5t which. I ftood by him at the end of the table a confiderable part of the time, looking on, as he turned over the leaves, but I do not recolledl whether he foimd the erafure. In the meantime, fome of the timid members, who had voted for the ftrongeft refolution, had become alarmed; and as foon as the Hotife met, a motion was made and carried to expunge it from the journal. There being at that day but one printer, and he entirely under the control of the Governor, I do not know that the refolution ever appeared in print. I write this from memory, but the impreffion made on me at the time was fuch as to fix the fadls indelibly in my mind. I fuppofe the original journal was among thofe deftroyed by the Britifh, or its obliterated fae might be appealed to. And here I will state, that Burk's ftatement of M'' Henry's confenting to withdraw two refolutions, by way of compromife with his opponents, is entirely erroneous.

Paul Carrington, a member of the Houfe of Burgeffes from Charlotte County, fuftains event, and declares that the fifth refolution was erafed from record. The recolletftions of thefe gentlemen on this fubjedt is fupported by the Journal of the Burgeffes under date of May 29"' 1765. It was in connexion with the paffage of this fifth refolution that M'' Henry gave utterance to his famous declaration " Tarqiiin and Ccsfar had each his Brutus, Charles the Firft his Cromwell, and George the " "Treafon!" fhouted the Speaker. "Treafon! Treafon!" echoed from Third every part of the Houfe. Without faltering for an inftant, but rifmg to a loftier attitude and fixing on the Speaker an eye which feemed to flafh fire, M'' Henry added, with the "may profit by their example! If this be treafon, make moft thrilling emphafis the moft of it.>"
M'' Jejfer fan's recollections of this

by

Henry to have all feven of his refolves paffed was fotmd to be impoffible, it was determined that they fhould be printed for the benefit of the Colonies. They therefore appeared in the " Newport Mercury" tmder date of June 24* and were later copied in the Bofton papers of
It

was the

original intention of Patrick

the Burgeffes, but,

when

this

July

".

Full text

is

herewith given

Whereas, The Honorable Houfe of Commons, in England, have of late draw into queftion how far the General Affembly of this colony hath power to enadt laws for laying of taxes and impofing duties payable by the people of this, his
Majefty's moft ancient colony; for fettling and afcertaining the fame to all future times, the Houfe of Burgeffes of this prefent General Affembly have come
to the following refolves.
Refolved, That the firft ad^'enturers, fettlers of this his Majefty's colony and dominion of Virginia, brought with them and tranfmitted to their pofterity, and all other his Majefty's fubjecfts, fince inhabiting in this his Majefty's colony, all the privileges and immunities that have at any time been held, enjoyed, and

poffeffed

Refolved,

by the people of Great Britain. That by two royal charters, granted by King James
and
entitled to all privileges

the Firft, he

colony aforefaid are declared


natural

and

bom fubjeds, to all intents and bom within the realm of England.

purpofes as

if

and immimities of they had been abiding,

Refolved, That his Majefty's liege people of this ancient colony have enjoyed the right of being thus governed by their own Affembly in the article of taxes

Henry

Life of Henry, Vol.

i.

p. 86.

IxvH

taxes and internal police, and that the fame have never been forfeited, or any

other

way

yielded up, but have been conftantly recognized

by

the King and

people of Great Britain.


Refolved, Therefore, that the General Affembly of this colony, together with his Majefty or his fubftitutes, have, in their reprefentatives capacity, the only exclufive right and power to lay taxes and impofts upon the inhabitants of this colony and that every attempt to veft fuch power in any other perfon or perfons whatever than the General Affembly aforefaid, is illegal, vmconftitutional, and unjuft, and has a manifeft tendency to deftroy Britifh as well as
;

American
are not

liberty.

Refolved,

That

his Majefty's liege people, the inhabitants of this colony,

bound to yield obedience to any law or ordinance whatever, defigned to impofe any taxation whatfoever upon them, other than the laws or ordinances
of the General

Affembly aforefaid. Refolved, That any perfon who

fhall,

by fpeaking or writing,

affert or

main-

any perfon or perfons, other than the General Affembly of this colony, have any right or power to impofe or lay any taxation on the people here, fhall be deemed an enemy to his Majefty's colony.
tain that

ginia the oldeft of the Colonies, they were looked

an intenfe excitement. Coming from Virupon as raifmg a ftandard of refiftance The government party pronotmced them as treafonable, but this to the A(5t in queftion. only fenced to bring them more prominently to the confideration of the people. Henry was hailed as a leader, and fecret focieties pledged to refift the Adt by all lawful means, were formed. They were known as " The Sons of Liberty, " and the firft fociety feems to have originated in Bofton, early in July, 1765. That thofe who were oppofed to the new A(5l reprefented the people, was attefted by the fadt that, for the moft part, they were of

The publication

of thefe refolves caufed

the laboring claffes. Thefe focieties determined to correfpond with the various Colonies with the idea of uniting them and prefenting a determined oppofition to the A6t. It was likewife decided to encourage home manufadtures and to difcontinue importations, and, in facfl, put every obftacle poffible in the way of the enforcement of the law. Governor Fauquier in his letter to the Board of Trade, under date of June 5"^ 1765, ftates that he enclofes four refolutions as adopted by the Affembly, but refrains from giving the text of the fifth, which was accepted, but later ordered expunged from the record. In the fame communication he aKo ftated that there were only thirty -nine members of the Houfe of Burgeffes prefent and that the vote on the fifth refolution ftood 20 to 19:

Williamfburg June'

"'

iy6j.

My Lords,
On Saturday the i" tnftant I
except one, which were ready for
diffolved the

my

affent.

Affembly after paffing all the Bills, The four Refolutions which I have

now

your Lordfhips, will fhew Your Lordfhips the reafon of my condud, and I hope juftify it. I will relate the whole proceeding to Your Lordfhips in as concife a manner as I am able.
the

honor

to inclofe to

On Wednefday
members had
of Burgeffes
left the

the 29'^ of

May,

juft at the

end

of the Seffion

Stamp Ad, a copy of which had crept into the Houfe, and in a Committee of the whole Houfe five refolutions were propofed and agreed to, all by very fmall majorities. On Thurfday tlie jo"' they were reported & agreed to by the Houfe, the numbers
conflfts,

now

town, there being but jp prefent out of 116 of a motion was made to take into confideration the

when moft of the which the Houfe

being as before in the Committee; the greateft majority being 22


Refolution, 20 to ig only.
ation in the

to

ly; for the 5'*


alter-

On Friday

the

ji"

there having

happened a fmall

The

5""

Houfe there was an attempt to ftrike all the Refolutions off the Journals. which was thought the moft offenflve was accordingly ftruck off, but it did
I

not fucceed as to the other four.

am informed the gentlemen

tions in their pocket, but finding the difficulty they

had two more refoluhad in carrying the 5'* which

was

Bancroft Tranfcripts

Library

of Congrefs.

[ Ixviii ]

was by a

fingle voice,

and knowing them

to be

more virulent and inflammatory;

The moft ftrenuous oppofers of this rafh heat were the they did not produce them. late Speaker, the King's Attorney and M^ Wythe; but they were overpowered by and giddy members. In the courfe of the debates I have heard that was ufed by a M' Henry a young lawyer who had not been a month a Member of the Houfe; who carryed all the young Members with him;
the

young

hot

very indecent language

fo that I hope I am authorifed in faying there is caufe at leaft to doubt whether this would have been the fenfe of the Colony if more of their Reprefentatives had done their duty by attending to the end of the Seffion. The Bill I refufed was the Cattle Bill, a copy of which I fent to your right Hon^'' Board on the adjournment in Dec/ to know whether His Majefty would give me leave to pafs it; which was now prefented to me in form with the other Bills. In this Seffion an Ad was pa ffed to eftablifh a regular trade with the Cherokee Indians, a meafure more likely to keep them in good humor than atl the fteps we had taken, of which your Lordfhips have aftdl ace' in my other letter by this conI have yet had no frefh news from Augufta relating to the perpetrators of veyance. that horrid villany.

If M' Robinfon fhoiild be again chofen Speaker in the next Affembly I hope your Lordfhips will agree with me, that it will be good policy as well as ftrid Juftice to a gentleman who has always affifted me in carrying on the King's fervice to pafs the Ad to appoint him Treafurer, as I am coafident the Burgeffes will always appoint their own Speaker to that office. And as there is, with me, a great doubt whether the eledions in the New Affembly to be called will fall on cool reafonahle

men, and confequently a doubt whether M^ Robinfon will be re-chofen Speaker. I fhould he glad to know your Lordfhips fentiments whether I fhould agree to the appointment of any gentleman to be Treafurer who fhall be chofen Speaker, whether I fhoidd refufe all indifcriminately or fhew this fovor to M^ Robinfon particularly,

who has

deferved fo well.

am

with the greateft regard

My Lords
Your Lordfhips moft obed.' and devoted Serv.'

FRAN. FAUQUIER
The Adl being fcheduled to take effect November i", 1765, everybody awaited the arrival of the Stamps for the tife of the colony, and rumors were everywhere circulated That fuch rumors were well to the effedl that they would be feized and deftroyed. founded, is fhown by the letter of Governor Fauquier to the Board of Trade, imder date of December y^ 1765. In this communication the Governor calls attention to the arrival of Colonel Mercer, cuftodian of the stamps, and gives a very thorough and interefting accoimt of what tranfpired at that time
W'"^burgh' Nov.'
j''

1765.

My Lords,
The pre fent unhappy ftate of this Colony, will, to my great concern, oblige me We were for to trouble Your Lordfhips with a long and very difagreeable letter. fame time in almoft daily expedations of the arrival of Colonel Mercer with the Stamps for the ufe of this Colony, and rumours were induftrioufly thrown out that at the time of the General Court parties would come down from moft parts of the At thofe Courts per fans country to feize on and deftroy all Stamped Papers. engaged in bufinefs of any kind conftantly attend as well as thofe who have fuits depending before the Court; it being the time when all accompts of tranfadions of moment are fettled, payments made and bills of exchange on Great Britain are drawn; fo that there is always a vaft concourfe of people then in town. Thefe rumours were little regarded or credited. The firft difagreeable thing that happened was the application to me, in Council

Bancroft Tranfcripts

Library of Congrefs.

[ Ixix ]
that I would order new Commiftheir Counties, made out refpedive as the prefent Juftices were deterfions to be for mined not to ad after the day the Ad direding Stamp'd Papers to he ufed in the
c-il,

from two Counties, by Memorials or Petitions

proceffes of their Courts, took place.

Thefe were ordered

to lie

on the Table.

In

order for your Lordfhips to judge of the propriety of that


will be neceffary to obferve to you, that in

condud in
if

the Council, it

few Counties there are gentlemen enough


Therefore

properly educated and qualified,

to

execute that truft.

any

notice

had

been taken of thefe papers, the prefent fet of Juftices muft have been removed; the confequence of which would have been either that the Courts muft have been filled

with a meaner fort of people or there cotdd have been no Courts at all; the laft of which was to be expeded, for if the firft gentlemen of the Counties refufed to ad, it

would have become a fafhion for the others to follow their examples; indeed they would hardly have dared to have done otherwife. And if thefe gentlemen had been
removed, without a proper fubmiffion they could never have been reinftated: which fubmiffion was not to be expeded, and a general refolution was taken not to iffue

Peace till affairs were better fettled and peace fhould and confufion; as we had the greateft reafon to believe that many gentlemen who are qualified under the Commiffions now fubfifting, would In which cafe the Benches take the advantage of new Commiffions not to qualify. would not be filled and the inferior courts of Juftice ftop'd. To remedy thefe evils and to prevent this dreadful calamity from falling on the country as much as lay in our power, we took the meafures above related. Very unluckily, Colonel Mercer arrived at the time this town was the fulleft of On Wednefday the jo"' Odlober he came up to town. I then thought Strangers.

any new commiffions

of the

take place of diforder

proper

to

go

to the

Coffee houfe (where I occafionally fometimes go) which is fituated

in that part of the town which is calVd the Exchange, tho' an open ftreet where all particular reafon for going then was that I money bufinefs is tranfaded.

My

what did really pafs, and not receive it by relation from people were all affemhled as ufual. mercantile The The firft word I heard others. " was One and all" upon which, as at a word agreed on before between themfelves, they all quitted the place to find Colonel Mercer at his father's lodgings where it was known he was. This concourfe of people I fhould call a mob, did I not know that it was chiefly if not altogether compofed of gentlemen of property in the Colony, fame of them at the head of their refpedive Counties, and the merchants of the country whether Englifh, Scotch or Virginian, for few abfented themfelves. They met Colonel Mercer on the way, juft at the Capitol: there they ftop'd and demanded of him an anfwer whether he would refign or ad in this office as Diftributor of the
might he an eye witnefs
of

Stamps.
friends,
that place.

He

faid

it

was an
to give

affair of great

moment
at

to

him, he muft confult his

and promifed

them an anfwer

lo o'clock on Friday morning at

This did not fatiffy them, and they followed him to the Coffee houfe, in the porch of which I had feated myfelf with many of the Council and the Speaker, who had pofted him felf between the crowd and myfelf. We all received him with
the greateft

marks

of welcome; with which, tf one

may

be allowed to judge by their

countenances, they were not well pleafed, tho' they remained quiet

Now

and were filent. and then a voice was heard from the rcowd, that Friday was too late; the Ad wotdd take place, they would have an anfwer tomorrow. Several meffages were brought to M'^ Mercer by the leading men of the crowd, to whom he conftantly anfwered he had already given an anfwer and he would have no other extorted from him. After fome little time a cry was heard, "let us rufh in." Upon this we that were at the top of the fteps, knowing the advantage our fituation gave us to repell thofe who fhould attempt to mount them, advanced to the edge of the Steps, of which number I was one. I immediately heard a cry, "See the Governor, take care of him." Thofe who before were pufhing up the fteps, immediately fell back, and If your Lordfhips will not accufe me of left a fmall fpace between me and them. vanity I would fay that I believe this to he partly owing to the refped they bore to my
charader

Ixx

charadcr and partly


foiiif of

to the love

they bore to

my

perfon.

After

much

entreaty of

upon to The crowd did not yet difperfe; it was growing dark, and I did not think it fafe to have M^ Mercer hchi)id me, fo I again adj^anced to the edge of the fteps and faid aloud I believed no man there would do me any hurt, and turned to M' Mercer told him if he would walk ivith me through the people I believed I could condud him fafe to my houfe; and we accordingly walked fide by fuie through the thickeft of the people, who did not nu'left us, Iho' there was fomc little muviiuirs. By me thus taking him under I believe him being my protcdion, I faved infulted at Icaft. When we got from home we had much difcourfe on the fubjed. He afked me what he fhould do; in return I afked him whether he was afraid for his life, if he was, it was too tender a point for mc to advifc him; if not, his honor and intcreft both denmndcd he fhould hold the Ojfu'c; and if that fhould be his refolution he muft tuH regard the rcafonings of his father and brother, two laivyers attending the Court who were both
bis friends,
ap^ainft his

M' Morcer was,

own

inclination, prevailed
five.

proniifc thcni an anfwcr at the Capitol the next evening at

&

friglitcncd out of their fcnfcs for Iiim.

He left me that night in a


5,

ftate of

uncertainty

ivhat part he fhould ad.

Accordingly M'' Mercer appeared at the Capitol at

as he had promifed.

The number
them
the

of people

affcmbled there ivas

much

increafed, by meffengers having

Colonel Mercer then read to anfwcr %vhich is printed in the Supplement of the Gazette, of which I enclofe your Lordfhips a copy, to ivhich I beg leave to refer. 0)1 Frid;iy the firft Inftant the Judges of the General Court met according to Proclamation was made and the lawyers not appeartheir adjournment as ufual. ing at the Bar to do any bufinefs, except the King's Attorney who ivas at his place

been fcnt into the neighborhood for that purpofc.

fome time and then ordered proclamation to be made again, once in the Cryer's place, ami once at the door; and upon no fuitors appearing I called for Colonel Mercer ei' afked him in open Court whether he could fupply the Court with proper Stamps that the bufinefs might be carried on, according to laiv. He replied he could not, and gave the fubftance of the anfwcr he had
at the table within the

Bar;

1 waited

given the evcni>ig before.


nefs ivithout them.
ties

I then afked the Clerk whether he could carry on the bufinot, without
to.

He faid he could

fubjeding himfclf

to

fuch penal-

I then took the opinions of my brother Bcuili. Seriatim, tvhether ive might not legally adjourn to the 10"' of the on Judges as he would not expofe himfelf

April next, as there icas no bufinefs before us.

men

ivhetlier

I had received
I
to

this occafion.

might adjourn

I was afked by one of the gentleany particular inftrudions or diredions how to ad on Then the Court were unanimous tliat we replyed I had not. the ne.vt Court in courfe. which was accordingly done.
to refign his

Before the adjournment Cohvu'l Mercer offered

commiffion

to

me.

I did not exped this; but thinking myfelf obliged to give fome anfwer, I faid I did )u^t tliink myfelf authorized to accept it, a>td that I thought all commiffions and

appointments ought to be refigned into the hands of thofe from whom they ivere reThat I thought I ought to accept refignations of all appointments made by ceived. I tvas taken by myfelf, but not of thofe of His Majefty or his minifters at home.
furprize,

and

the reafons that then occurred to

me

befides that

which I thought
if

proper

to gii'c in
I

public (for the Court ivas

filled icitJi
I

people) were, that

I accepted

the refignation.
o>ie to

muft appo-int anotlwr, and


it,

ivas well convinced I could not find

accept of
if

in thofe circumfta)u-es, ivhich

Befides

left

M^ Mercer

in poffeffion of the place Iw

would render the office cheap. would be always ready to

difiribute the
fluiuld

Stamp'd papers, ivhoui'cr peoples eyes fhould be open'd and they come to their fenfes, fo as to receive them. The firft and moft obvious co)ifequences of all this muft be, the fhuttiug up all A moft melantfie parts, ami ftopping all proceedi>igs in the Courts of Juftice. choly profped at firft view; for what ideas can be well formed of a more miferable
condition than a ftate of general outlawry.

What

otlwr confequences tnay follow

from

[ Ixxi ]

from

thefe, are fo buried in obfcurity that it requires

a fagaciiy and judgment

much

fuperior to

my

own, even
to

to gttefs

at them,

certainty.

But

it

feems

me

that diforder,

any the leaft degree of confufion and mifery are before us,
'tvith

unlefs this poor


their plan.

unhappy deluded people


of (peaking

in the Colonies in general, fhould change

I had

an opportunity

my

feniiments on this point

to

many

of the

merchants who came


dity of their conduct

to me for regifters for their

(hipping.

I repre(ented the ab(ur-

and had large debts owing to them, which they could not now recover; but the (lame had (pread (o univer(ally through the Colonies, and every man was (o heated thereby, that no rea(ons could
in (hipping

who were concerned

find admittance.

On
were

the

Saturday evening

the

Naval

Officers

came

to

me for my adviee how they

being before apprized of this, I had an an(wer ready prepared in my pocket, which I have them in writing in the(e words: "Gentlemen; I have been
to act;

(worn in Council to u(e my be(t endeavors to put in executioit an Act pa((ed in this la(t Se(fion of Parliament of Great Britain, directing what Stamps are to be u(ed in your offices in carrying on the bu(lne(s thereof, from the l'' Inftant; that Ad therefore is to be your guide, and I have no advice to give you but that you ad in
conformity thereto.

Every deviation from

it

mu(t be

at

your peril."

FRAN: FAUQUIER.
Colonel Mercer has informed

me

that he propo(es to

being the place of the greateft if not the only (ecurity for them: for I am. convinced, as well as himfelf, that it would be extremely dangerous
it

His Majefty's (hips His Majefty's (eroice;


of

of

War,

to

take the

apply to the ComtnarAers Stamp'd Papers on board their (hips for

to

attempt

to

land them during the pre(ent fermented

ftate of the

Colony.

If the(e

Gentlemen (hould refu(e (hould to take charge of them, attd .V/'' Mercer (hould apply to me, I will do my duty to His Maje(ty and (ave them from being de(troyed, to the
be(t of

my power, tho' I can by no means an(wer for the (ucce(s of my endeavors. my Lords I have in a candid and undi(gui(ed manner (et the naked truth before you, and (ubmit my condud through this whole affair to your Lord(hips judgment. I mu(t confefs that I have never in the cour(e of my life been in a
Thus

(ituation which required (o much circum(pedion. I have often been at a lo(s to form a judgment for myfelf how to proceed, and have often been di((ati(fyed with my determinations, and (hould have been glad of your Lordfhips (uperior abilities to a((i(t me in my condud. If I (hall be (o fortunate as to have gone through this very difficult affair with a tolerable share of prudence, I (hall think myfelf happy indeed. But if my condud (hcmld meet with the di(approbation of my royal Ma(ter or his Mini(ters, I mu(t rely on your Lord(hips candor, and beg leve to repre(ent to you that I was left to myfelf without any inftrudicms or diredions from your right honourable Board, to guide me through this wildernefs. Your LordfJiips will I hope forgive me in saying that I even had not the common notice of there being (uch an Ad, as it has never been (ent to me: but my zeal to promote His Maje(ty's
(ervice never let

me
I

take this into confideration.

am

with the greate(t re(ped

&

e(teem,

my

Lords

Your Lord(hips mo(t obed.'


and devoted
Serv.'

FRAN. FAUQUIER.
upon the part of the people of the Colony caufed Captain Ster"Rainbow," to take the entire collection of Stamps brought into the colony by Colonel Mercer on board his veffel. Governor Fauquier calls attention to this act in his letter to the Board of Trade under date of November 8*^ 1 765
refult of this act
ling, of his

The

Majefty's fhip

My

[ Ixxii ]

W" 'burghMy
Lords,

Nov/ 8*

1765.

it my duty to inform Your Lordfhips that fiuce my long letter of the 5'' Captain Stirling has vnth great readinefs taken all the Stamp'd Papers inftant brought in by Colonel Mercer on board the Rainbow for their fecurity, till the madAnd it is with fome degree of pleafure I can inform nefs of the people fhall abate. Your Lordfhips that I am not altogether without hopes that the diftrefs the country will feel on a total ftagnation of bufinefs, will open their eyes and pave the way for

I think

Ad's executing itfelf. For I am very credibly informed that fome of the moft bufy men in oppofi-ng the reception of the Stamps are already alarmed at the confequences of the imprudent fteps they have taken. God grant my information may
the

prove true.
I

am

with the greateft efteem and regard

My

Lords

Your Lordfhips moft obed.' and devoted Servant

FRAN. FAUQUIER.
was clofely followed by what courfe fhould be purfued to defeat the purpofe of stamp legiflation. This body claimed that the Aft extending the jurifdi(5tion of the Courts of Admiralty was unjuft, as was the abolition of They declared the Adl to " have a manifeft tendency to fubvert the rights trial by jury. and liberties of the colonifts. " This pofition was maintained in an addrefs to the King and Parliament, and the views of the colonies were fo ftrongly expreffed that it was
This
fpirit of refiftance as

fhown by the people

of Virginia

the other Colonies, and delegates were elecfted to meet and difctifs

difficult to fecure

the fignature of the delegates to the addrefs in queftion.


Aft, however, gave rife to
little

This oppofi-

tion to the

Stamp

hope of

effefting

Colonies were convinced, that, owing to the unfriendly attitude of the


land,

an annulment. The Duke of Cumbercaufe

who was Prime

Minifter at that time, nothing favorable to America's

could be expefted.

Their rights were not to be overridden, however, without prefent-

The Magiftrates throughout the Colony determined that they would not enforce the Stamp Aft, and declined to further ferve as This movement was probably ftarted in Weftmoreland county, officers of the Colony. determined fpirit expreffed by the Magiftrates in that coimty, it was at and, from the once apparent that the fucceffful operation of the Stamp Aft in Virginia was anything but affured. That fuch an affociation ^ was formed is noted in the following refolutions^ paffed at Leedftown, on the 27*'' day of February 1766:
ing the ftrongeft poffible oppofition.

"Roufed by danger, and alarmed at attempts,

foreign

and domeftic, to

reduce the people of this country to a ftate of abjeft and deteftable flavery, by deftroying that free and happy conftitution of government, under which they

have hitherto

lived.

We, who

fubfcribe this paper, have affociated,

and do bind

ourfelves to each other, to God,

and to our country, by the

firmeft ties that reli-

gion and virtue can frame, moft facredly and punftually to ftand by, and with our lives and fortunes, to fupport, maintain, and defend each other in the obfer-

vance and execution of thefe following articles. Firft. We declare all due allegiance and obedience to our lawful Sovereign, And we determine to the utmof t of our George the third King of Great Britain power to preferve the laws, the peace and good order of this Colony, as far as is confiftent with the prefervation of our Conftitutional rights and liberty. Secondly. As we know it to be the Birthright privilege of every Britifh Subjeft, (and of the people of Virginia as being fuch) founded on Reafon, Law, and Compaft that he cannot be legally tried, but by his peers and that he cannot be
. ;

Bancroft Tranfcripts
Ibid, Vol. 8. p. 257.

Librar>' of Congrefs.

"

Southern Literary Meffenger, Vol.

8. p.

258.

[ Ixxiii ]

be taxed, but by confent of a Parliament, in which he is reprefented by perfons chofen by the people, and who themfelves pay a part of the tax they impofe on
others.
If therefore,

any perfon or perfons fhall attempt, by any adlion or pro-

ceeding, to deprive this Colony of thofe fundamental rights,

him or them, as the moft dangerous enemy of the go to any extremity, not only to prevent the fuccefs of fuch attempts, but to ftigmatize and pimifh the offender. Thirdly. As the Stamp Adt does not abfolutely diredl the property of the people to be taken from them without their confent expreffed by their reprefenregard
;

we will immediately community and we

will

tatives,

and as

in

many
;

cafes

it

deprives the Britifh American Subjecft of his

by jury we do determine, at every hazard, and, paying no regard to danger or to death, we will exert every faculty, to prevent the execution of the faid Stamp Adl in any inftance whatfoever within this Colony. And every abandoned wretch, who fhall be fo loft to virtue and public good, as wickedly to contribute to the introdudlion or fixture of the Stamp Adt in this Colony, by ufmg stampt paper, or by any other means, we will, with the utmoft expedition,
right to trial

fuch profligates that immediate danger and difgrace fhall attend their proftitute purpofe.

convince

all

Fourthly.

That the

laft article

may moft furely and effequally be executed,


it

we engage
tion, that

to each other, that

whenever

fhall

be known to any

this affocia-

is fo conducting himfelf as to favor the introdudlion of the Stamp Adt, that immediate notice fhall be given to as many of the affociation as poffible and that every individual fo informed, fhall, with expedition, repair to a place of meeting to be appointed as near the fcene of adtion as may be.
;

any perfon

Fifthly.

Each

affociator fhall

do

his true

endeavor to obtain as

many

figners to this affociation, as he poffibly can.


Sixthly. If

affociator for

any attempt fhall be made on the hberty or property of any any adtion or thing to be done in confequence of this agreement,
ourfelves

we do moft folemnly bind


into, at the

by

the farced engagements above entered

utmoft

rifk of

liberty,

and

to protedl

In teftimony of
ciation

we have

this

and forttmes, to reftore fuch affociate to his enjoyment of his property. the good faith with which we refolve to execute this affo27"' day of Febriiary 1766, in Virginia, put our hands and
our
lives

him

in the

feals hereto."

Richard Henry Lee


Will. Robinfon

William Sydnor

John Monroe
William Cocke Willm. Grayfon Wm. Brockenbrough Saml. Selden Richd. Lee Daniel Tibbs Francis Thornton, junr.
Peter Ruft

Lewis Willis Thos. Lud. Lee Samuel Wafhington Charles Wafhington Moore Fauntleroy Francis Lightfoot Lee

Thomas Jones

Rodham Kenner
Spencer

M.

Ball

John

Lee,

jr.

Richard Mitchell

Francis Waring

Jofeph Murdoch Richd. Parker Spence Monroe John Watts


Robt. Lovell

John Upfhaw Meriwether Smith Thos. Roane Jas. Edmondfon


Jas. Webb, junr.

John Blagge Charles Weeks


Willm. Booth

John Edmondfon Jas. Banks Smith Young


Geo.

Ixxiv

Geo. Turberville

Laur. Wafhington

Alvin Moxley

W. Roane
Rich. Hodges

Wm.
John

Flood
Ballantine, junr.

William Lee
Thos. Chilton

J as. Upfhaw J as. Booker


A. Montague
Richd. Jeffries

Richard Buckner
Jos. Pierce
Will. Chilton

John Williams John Blackwell Winder S. Kenner Wm. Bronangh

John Suggett John S. Woodcock Robt. Wormeley Carter John Beale, junr. John Newton
Will. Beale junr.

Wm.

Pierce

Chs. Mortimer

John Berryman John Dick fon John Broone Edwd. Sanford


Charles Chilton

John Edmondfon,
Charles Beale
Peter Grant

jr.

Thompfon Mafon
Jona. Beckwith J as. Sanford

Edward Sanford Daniel McCarty


Sufh Edwd. Ran fdell Townfhend Dade John Afhton
Jer.

John

Belfield

W. Smith
John Augt. Wafhington
Thos. Belfield

W.

Brent

Francis Foufhee John Smith, junr.

Wm.

Ball

Edgcomb Suggett Henry Francks John Bland, junr. Jas. Emerfon Thos. Logan
Jo. Milliken

Thos. Barnes
Jos. Blackwell

Ebenezer Fifher

Reuben Meriwether Edw. Mountjoy Wm. J Mountjoy Thos. Mountjoy John Mountjoy Gilbt. Campbell Jos. Lane
.

Hancock Euftace John Richards


Thos. Jett

Thos. Douglas

Max. Robin fon


John Orr

Such was the condition

of affairs in Virginia as the refult of the paffage of the

Stamp

" A6t, the cry being that taxation and reprefentation were co-equal with, and effentialto, " This was the pofition taken by Lord Camden, who reprefented the the Conftitution. This Statefman maincolonies in a moft prominent way on the floor of Parliament. tained that taxation and reprefentation were infeparable, and largely through his efforts

was the A6t

repealed.

Affociated with

him

in the catife of the Colonies

was

Pitt,

who

He maintained that "three millions of people fo gloried in the refiftance of America. volimtarily to fubmit to be flaves, would have been fit dead to all feeling of liberty as
inftruments to make flaves of the reft. Such argiunents were irrefiftable, and, largely due to the influence of Pitt and Caynden, Parliament put an end to taxation of the George the Third affixed his fignature to the Adl repealing this obnoxious Colonies. law on March 1 8"^ 1766, and no Adl of Great Britain during the hiftory of the Colonies

proved fo acceptable to Americans

in general:

An

Ixxv

ACT REPEALING THE STAMP ACT.


An Ad'
tifh Colonies
to repeal

an

Ad made in the lafi Seffion of Parliament, intituled, An

and other Duties, in the Briand Plantations in America, towards further defraying the Expenfes of defending, proteding and fecuring the fame; and for amending fuch Parts of the feveral Ads of Parliament relating to the Trade and Revenue of the (aid Colonies and Plantations, as dired the Manner of determining and recovering the Penalties and Forfeitures therein mentioned. Whereas an Adl was paffed in the laft Seffion of Parliament, intituled, An Ad for granting and applying certain Stamp Duties, and other Duties, in the Colonies Britifh Colonies and Plantations in America, towards further defraying the Expenses of defending, protecting and fecuring the fame; and for amending fuch Parts of the feveral Ads of Parliment relating to the Trade and Revenues of the faid Colonies and Plantations, as direct the Manner of determining and recovering the Penalties and Forfeitures therein mentioned: And whereas the Continuance of the faid Adl would be attended with many Inconveniences, may be productive of Confequences greatly detrimental to the Commercial May it therefore pleafe Your Moft Excellent Interefts of thefe Kingdom's Majefty, that it may be enacted; and be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That, from and after the firft Day of May one thoufand feven hundred and fixty-fix, the above mentioned Adt, and the feveral Matters and Things therein contained, fhall be, and is and are hereby repealed and made void to all Intents and Purpofes whatfoever.
;

Ad for granting and applying certain Stamp Duties,

This adlion upon the part of Great Britain was made known to Virginians by a proclamation iffued by Governor Fauquier on the 6''' day of June 1766.

A PROCLAMATION.
VIRGINIA,
to wit:

Whereas, his Majefty has been graciotifly pleafed to give his affent to an adl copy of which is now in this colony) entitled An Ad to repeal an ad made in the laft feffion of Parliament, entitled An Ad for granting and applyof Parliament (a

ing certain

and plantations in America, towards further defraying the expenfe of defending, proteding, and fecuring the fame; and for amending fuch parts of the feveral ads of Parliament, relating to the trade and revenue of the faid colonies and plantations, as dired the
other duties, in the Britifh colonies

Stamp

Duties,

and

manner
tioned:

determining and recovering the penalties and forfeitures therein menhave thought proper, by and with the advice of his Majefty's Council, to iffue this proclamation, hereby notifying the fame to the end that all magiftrates, officers, and others whom it may concern, do proceed on bufmefs, and execute the refpedlive duties of their office in the tifual courfe. And for the more folemn fignification thereof, I do appoint this proclamation to be read and publifhed at the courthoufe of the feveral counties within this dominion. Given under my hand, and the feal of the colony, at Williamfburg, this 9* day of June 1766, and the 6* year of his Majefty's reign.
of
I
;

FRANCIS FAUQUIER.

GOD SAVE THE KING.


So ended the greateft of tax difputes in the hiftory of the Colonies. The repeal of confidered not only a happy deliverance from an unjuf t tax, but it at gave the Colonies once a pofition of prominence which they had never before held. They
the

Stamp Adl was

became
1

Statutes at Large, VI, p. 667.

Ixxvi ]
its

became important
mined upon

fadlors to

be confidered by Great Britain in the adminiftration of

colonial affairs, and, recognifing that they occupied fuch a pofition, the Colonies deterclofer relations

among themfelves than had heretofore exifted.


fimilar conditions, and, in fadl,

The various
laws paffed

Affemblies were wont to take adlion on any important queftion without knowing the
pofition others

had affumed under

many

by

thefe bodies were to all intents and pxirpofes national as well as of local importance.
Britain, in creating a law that
of Cumberland,

Such was the refult of the adlion of Great and advocated by fuch ftatefmen as the Duke

was framed Lord Townfend and others and, but for entrufting the deftinies of the Colonies to fuch men, Great Britain would undoubtedly have exercifed jurifdidlion over America much later than 1776.

John Pendleton Kennedy.


Richmond, June, igoy.

JOURNAL
of the

House of Burgesses
I

Burgeff es.
Accomac

[4]
Prince William* Henry Lee John Baylis

Surry
Suffex

Hartwell Cocke

Henry Browne
David Mafon John Edmunds

Anne Anthony Walke Edward Hack Mofeley *Landon Carter Richmond


Princefs

Warwick

John Woodbridge
Southampton Jofeph Gray Benjamin Symmons
Spotfylvania
Fielding Lewis

Benjamin Grymes
Stafford

William Fitzhugh Thomas L. Lee

William Digges William Harwood Weftmoreland Richard Henry Lee Richard Lee Williamfburg Peyton Randolph York Dudley Digges Thomas NeKon, Jr.

Not fhown by the Journal to have been prefent during the

Affembly.

JOURNAL
)f

the

OUSE House
^uesda^.

B OF of JDURGESSES
2
<Beo. Ill

l^e 3r6 of !^ovember,

I76t

IXTY FIVE Members

having taken the Oaths appointed to be taken by Adt of

Parliament, inftead of the Oath of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, took their
Places in the Houfe. Walthoe.

A Meffage from the Govemour by M"'

Gentlemen of the Houfe of Burgeffes, The Governour commands your immediate Attendance in the Council Chamber.

The Hotife went up accordingly, and the Govemour was pleafed


Gentlemen of the Houfe of Burgeffes, You muft return again to your Houfe, and immediately proceed
Speaker.

to fay to

them

to the

Choice of a

Being returned,

M''

Bland reminded the Houfe of the Govemour's Commands to

proceed to the Choice of a Speaker, and he recommended John Robinfon, Efq; who had for many Years paft, and in many Affemblies, executed that important Truft, and had given undeniable Proofs of his Abilities and Integrity: And he was accordingly tmanimoufly elected Speaker, and in the ufual Manner conducted to the Chair; from whence he rettuned his Thanks to the Houfe for the Honour they had conferred on him, and expreffed the juft Senfe he had of the Obligation they laid him under. Ordered, That a Meffage be fent to the Govemour, to acquaint him that this Houfe, in Obedience to his Commands, have made Choice of a Speaker, and to know his Pleafure when they fhall attend to prefent him and that M"' Bland, and M'' Charles Carter, Jun. do wait on him with the faid Meffage. They accordingly withdrew; and being returned, M' Bland reported that the Governour was pleafed to fay he was then ready to receive them in the Council Chamber. And accordingly the Hotife went up with their Speaker ele(5l, and the Govemour was pleafed to declare he was particularly pleafed with their Choice. M"' Speaker then, in Behalf of the Houfe, petitioned the Govemour that they might enjoy their ancient Rights and Privileges, fuch as Freedom of Speech and Debate, Exemptions from Arrefts, and Protedlion for their Eftates; and for himfelf, he intreated that no Miftakes of his might be imputed to the Houfe. To which the Govemour anfwered, that he fhould take Care to defend them in all their juft Rights and Privileges. Being returned, M"^ Speaker reported that the Hotrfe had attended he Govemour in the Council Chamber, and prefented their Speaker; that he was pleafed to approve of their Choice, and then made a Speech to the Cotmcil and this Houfe, of which he had, to prevent Miftakes, obtained a Copy; which he read, and afterwards delivered in at the Table, where it was again read, and is as follows:
;

Gentlemen

[6]
Gentlemen of the Council, M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
It

was neceffary

for

me

to

convene you at this Time, that you might take into your

Confideration the prefent State of the Regiment, and the

To prevent laying any unneceffary Burthen on you,

it

Time for which it ftands provided. was my Refolution to leave this

Matter entirely to yourfelves, as you were the moft competent Judges of the Condition of your own Frontiers; without requiring a fingle Man from you, tmlefs his Majefty had demanded any: But Sir Jeffrey Amherft, in a Letter I have received from him, in Anfwer to one I wrote to him on that Hecui, has given fuch Reafons for the Continuance of the Regiment, at Leaft until a folid Peace is concluded with the Cherokee Indians, as have had
great Weight with

me;

for

ations thereon, not doubtiitg but

which Reafon I fhall lay his Letter before yon for your Deliberyou will fee the Utility of purfuing the Meafures he

recommends
I wifh
refs

to

me.

it had been now in my Power to have given you any certain Intelligence of the Progmade towards a Peace with thofe Indians; but the laft Letter I have received from

South Carolina, in whofe Province thefe Negotiations are May laft. If any frefh Information fhould arrive, during your prefent Seffion, you may depend on my immediately communicating it to you. It is with great Pleafure I can acquaint you that Meff. John Chifwell and Thomas Walker, the two Gentlemen whom, authorized by you, I appointed my Contmiffioners to meet thofe Indians on our Frontiers, executed that Commiffion with Punduality and Expedition, to the Satiffadion of myfelf and his Majefty's Council; and I now recommend them to you, to make them fuch Recompenfe as their Service merits. I have received Letters from Colonel Stephen, who informs me that fince the Command of the Regiment had devolved on him he has proceeded as far as the Big Ifland, and encamped on the main Branch of HoKton River; where he has received fubmiffive Letters from fome
the Lieutenant

Governour

of

carrying on, was the 2$th of

Indian Chiefs who were fuppofed to be the moft averfe to Peace, Copies of which This Place Colonel Stephen points out as very proper to me, with his Anfwers. on which to ered a Fort and Storehoufe. As I am uncertain whether this Spot is adually within this Colony, or in North Carolina, and am utterly unacquainted with the Advantages
of thofe

he has fent

to be

of this

expeded from carrying on a Trade with thofe Indians, / fhall refer the Confideration Matter wholly to you, and have deferred giving him any Anfwer until I fhould have This Letter, and Papers, I fhall now lay before you. your Refolution thereon.

M'

Speaker, and Gentlemen of the Houfe of Burgeffes,


to this

The Allotment made


liament for the Services

Colony out

of the

200,000 granted by the Britifh Par-

performed by the Colonies for the Year 1759, which is now, I am informed, in the Hands of your Agent, will be perhaps fufficient to anfwer the Expenfes of providing for the Regiment for a longer Time, without your being obliged to lay any additional Burthen on the Inhabitants of this Colony, or creating any new Emiffion of
avoided; yet, if found to be abfolutely neceffary, no Law. I have the greateft Confidence in your For, Neceffity has to be complied with: Prudence, that you will condud yourfelves in a Manner fuitable to your Duty to our moft gracious Sovereign, and the true permanent Intereft of your Country.

Paper Currency; a Thing,

if poffible, to be

Gentlemen

of the

Council and of the Houfe of Burgeffes,

Affembly took into their Confideration the Grievances, and provided for the Wants, of the Colony, by enading feveral wholefome Laws far the Benefit of the Community, there will confequently be but little Bufinefs for you to enter on this Seffion; and I fhall only recommend to you that Zeal, Unanimity and Defpatch, which I have fo fre-

As

the laft

and fo fatiffadorily experienced during the repeated Seffions of the laft General Affembly; and which I have not the leaft Room to doubt but I fhall find as adive through the Courfe of this, which I hope mil continue as long as our Conftitution, and the Example of our Mother Country, will permit.
quently

Refolved

[7]
That an humble Addrefs be prefented to his Honour the Govemour, to return him the Thanks of this Houfe for his affecflionate Speech to affure him we
Refolved,
;

will ferioufly confider the feveral

Matters he has been pleafed to recommend to

us,

proceed therein with Zeal, Unanimity and Defpatch. Ordered, That a Committee be appointed to draw up the faid Addrefs; and it referred to M"' Attorney, M'' Pendleton and M'' Bland, to prepare and bring in the fame.

and

will

is

Refolved,

That

this

Houfe

will take the

Govemour's Speech

into Confideration

Tomorrow.
Speaker reported that the Govemour had delivered to him the feveral Letters mentioned in his Honour's Speech, with Direcftions to lay the fame before this Houfe. And the faid Letters were read, and ordered to lie on the Table. Ordered, That the Reverend M"" Yates be appointed Chaplain to this Houfe, and that he attend to read Prayers every Morning at Ten 'Clock. Ordered, That Thomas Broadrib, James Lavie, Thomas Francis and Nathaniel Hix,
M''

be appointed Doorkeepers to the Houfe, and that they give their Attendance accordingly. And then the Houfe adjourned until Tomorrow Morning, Ten "'Clock.

>il^e6ne56ar. t^e 4tb of iflovember,

(Beo. Ill 1761.

ORDERED, That an
iffue for eledling

Addrefs be made to the Govemour to order a new Writ to a Burgefs to ferve in this prefent General Affembly for the County of Henrico, in the Room of William Randolph, Gentleman, deceafed,

and that M"' Bowler Cocke do wait on him with the faid Addrefs. That an Addrefs be made to the Govemour to order a new Writ to iffue for the eledling a Burgefs to ferve in this prefent General Affembly for the Coimty of King and Queen, in the Room of George Braxton, Gentleman, deceafed, and that M'' Pendleton do wait on him with the faid Addrefs. Ordered, That an Addrefs be made to the Govemoxir to order a new Writ to iffue for eledling a Burgefs to ferve in this prefent General Affembly for the Covmty of Northumberland, in the Room of the Honourable Pre fly Thornton, Efq; appointed one of his Majefty's Council for this Colony, and that M"" Henry Lee do wait on him with the
Ordered,
faid Addrefs.

On
of

a Motion made.

Ordered, That all fuch Claims and Propofitions as fhall be certified to this Seffion Affembly be referred to the Confideration of the next Seffion of Affembly. On a Motion made. Ordered, That Leave be given to bring in a Bill For regulating the Fees and Charges of Perfons pradlifing Phyfick, Surgery and Midwifery, in this Colony and it is referred to M'' London Carter, and M'' Richard Henry Lee, to prepare and bring in the fame. On a Motion made. Ordered, That Leave be given to bring in a Bill To empower the Veftry of the Parifh of Hanover, in the County of King George, to fell their prefent Glebe Lands, and to lay out the Money in the Purchafe of a more convenient Glebe; and it is referred to M'' Charles Carter, and M"' Charles Carter, Jimior, to prepare and bring in the fame. Several Petitions of Henry Orm, John Dony, William Chifam, John Fitzpatrick and Henry Moxom, late Soldiers of the Virginia Regiment, who have been difcharged as difabled and unfit for Ser\^ice, and praying Relief, were feverally prefented to the Houfe and read. Ordered, That the faid Petitions be referred to M"" Wafhington, M"^ Bland, M'^ Wilfon and M'' Chriftian that they examine into the Allegations of the faid Petitions refpectively, and report the fame, with their Opinions thereon, to the Houfe. A Petition of fundry Inhabitants of the Counties of Anther ft and Buckingham, fetting forth that before their Divifion from the Cotmty of Albemarle a complete Set
;

of

[8]
and Meafures of the Englifh Standard had been purchafed for the Ufe of that County, of which they paid their proportionable Part; and praying that the Inhabitants of the faid County of Albemarle may be obliged to reimburfe them, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Weights
of Affembly.

On

a Motion made,

That Leave be given to bring in a Bill For appointing a Treafurer, and it is referred to M'' Bland to prepare and bring in the fame. The Order of the Day being read for the Houfe to take into their Confideration the Govemour's Speech. Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech. Ordered, That the feveral Letters mentioned in the faid Speech, and Yefterday
Ordered,

be referred to the Confideration of the faid Committee. itfelf into a Committee on the faid Speech and Letters and after fome Time fpent therein M'' Speaker refumed the Chair and M"' Charles Carter reported that the Committee had had the faid Speech and Letters under their Confideration, and had come to two Refolutions thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the
laid before the Houfe,

And then

the Houfe refolved

Houfe, as follow
Refolved,

Refolved,

That the Regiment now in the Service of this Colony be further continued. That a Sum not exceeding 12,000 be raifed for the Pay and Maintenance

of the faid Regiment.

aKo reported that the Committee, not having Time to go through the faid Speech, had diredted him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Speech Tomorrow. On a Motion made. The Houfe immediately refolved itfelf into a Committee to confider of Ways and Means for raifing the Sum of 12,000, agreeable to the above Refolution; and after fome Time fpent therein M"' Speaker refumed the Chair, and M"' Charles Carter reported that the Committee had had that Matter under their Confideration, and had come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as follows: Refolved, That the Sum of 12,000 be raifed by Bills of Exchange, to be drawn on Edward Montagu, Efq Ordered, That a Bill or Bills be brought in, purfuant to the three foregoing Refolutions; and it is referred to M'' Charles Carter, M"' Attorney, M"" Pendleton, M' Grymes, M'' Walker and M'' Cary, to prepare and bring in the fame. Ordered, That a Committee of Privileges and Elections be appointed of the followM''

Carter

ing Perfons

M'

Attorney.
M"-

W Charles W Bland.
Mr M' M' W^
London

Carter.

Dudley Digges.
Richard Henry Lee.
Whiting.

M' Wythe.
Carter.
M''

William Digges. Benjamin Harrifon. John Page.


are to

M"' Pendleton.
M''

M^ Baylor.
in the
firft

And they
Place
all

meet and adjourn from Day to Day, and examine


for eledling Burgeffes to ferve in this prefent

Returns of Writs
all

General Affembly

and compare the fame with the Form


Confideration
;

fuch Matters as fhall Eledlions and Privileges and to report their Proceedings, with their Opinions thereon, And the faid Committee is to have Power to fend from Time to Time, to the Houfe for Perfons, Papers and Records, for their Information.
;

by Law; and to take into their or may come in Queftion touching Returns,
prefcribed

Refolved

[9]
Refolved,

That
That

five of the faid

Committee be a

fufficient

Niunber to make a Com-

mittee.
Refolved,
in all Cafes of controverted Elections to

be heard at the Bar of this

Houfe, or before the Committee of Privileges and Elections, the Petitioners do

Themfelves, or by their Agents, within a convenient Time, to be appointed either the Houfe or the Committee of Privileges and Ele(5lions, as the Matter to be heard fhall be before the Houfe or the faid Committee, deliver to the fitting Members, or their
Agents, Lifts of the Perfons intended by the Petitioners to be objedled to, who voted for the fitting Members, giving in the faid Lifts the feveral Heads of Objedlion, and diftinguifhing the fame, againft the Names of the Voters excepted to and that the
;

by by

fitting

Members do by Themfelves,

or their Agents, within the fame Time, deliver the


"'Clock.

like Lifts

And

on their Part to the Petitioners, or their Agents. then the Houfe adjourned until Tomorrow Morning, Ten

Bburs6ar tb^

5l\)

of November. 2 (bao.

III.

176U

M
Seffion.
that

Attorney reported that the Committee appointed had, according to Order, prepared an Addrefs to the Govemour, which he read in his Place and

afterwards delivered in at the Table, where the fame was again twice read,

and agreed

to,

and

is

as follows

SIR,

We his Majefty's moft dutiful and loyal Subjects, the Burgeffes of Virginia, now met in General Affembly, return you our Thanks for your Speech at the Opening of this
Your affectionate and tender Manner of applying to this Houfe cannot but add to Efteem your Condud had before raifed very high. The Regard you have always fhown for the Welfare of the People, the Freedom and Sincerity we muft all have obferved in your Adminiftration, will ever keep up the fame Sentiments of Gratitude and Affedion to your Perfon and Government. We are fully fatiffied that you will never afk any Thing of this Affembly but what you are convinced will be agreeable to our Duty to his Majefty, and the true permanent Intereft of this Colony; and it will be with great Reludance we fhall ever deviate from thofe Meafures which you think will be produdive of thofe falutary Ends. You may be affured. Sir, we fhall take under our Confideration the feveral Matters you have been pleafed to recommend to us, with all poffible Zeal, Unanimity and Defpatch.
Ordered,

That the

faid Addrefs

be

fairly tranfcribed,

and prefented by the whole


to

Houfe.
Ordered, That the Committee who prepared the fame wait on the Govemour, know his Pleafure when this Houfe fhall attend his Honotu" to prefent it.
M''

urer;

Bland prefented to the Houfe, according to Order, a Bill For appointing a Treafand the fame was read the firft Time, and ordered to be read a fecond Time. A Meffage from the Council by M"" Walthoe.

That they had fent down for the Confideration of this Houfe feveral Letters from Edward Montagu, Efq; Agent for this Colony, which had been laid before them by the Committee
of Correfpondence.

Ordered,
of this Houfe.

That the

faid Letters

do

lie

on the Table
of

for the Perufal of the

Members

Petition of M"'

James Wallace, complaining

an imdue

M' William Wager,


of Elizabeth City.

to ferve as a Burgefs in this prefent General

Ele(5lion and Return of Affembly for the Covmty

Alfo a Petition of M'' John Leigh, complaining of an undue Election and Return of M' Peter Legrand, to ferve as a Burgefs in this prefent General Affembly for the Cotmty
of Prince Edward.

Alfo

[lo]
Alfo a Petition of M"' John Clack, complaining of an undue Ele<ftion and Return of M' Ifaac Row Walton, to ferve as a Burgefs in this prefent General Affembly for the County of Brnnfwick, were feverally prefented to the Houfe and read. Ordered, That the faid Petitions be referred to the Committee of Privileges and Eledlions; that they do examine into the Allegations thereof, and i-eport the fame,
as they fhall appear to them, with their Opinions thereupon, to the Houfe.
M"'

Charles Carter, from the Committee appointed prefented, to the Houfe, accord-

ing to Order, a Bill For further continuing the Regiment in the Servce of this Colony

Time, and ordered to be read a fecond Time. He alfo prefented to the Houfe, according to Order, a Bill To empower the Veftry of the Parifh of Hanover, in the County of King George, to fell their prefent Glebe Lands, and to lay out the Money in the Purchafe of a more convenient Glebe and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of f\mdry Inhabitants of the Town of Staitviton, in the County of Augufta, fetting forth that the late Colonel Beverley had given to that Covmty 25 Acres of Land adjoining the faid Town, to be added to and made Part thereof, which are fmce laid out into Lots; and prajang that an Adl may pafs for that Purpofe, was prefented to

and the fame was read the

firft

the Houfe and read.

be brought in pixrfuant to the Prayer of the faid Petition, and and M'' Wilfon to prepare and bring in the fame. A Petition of fundry Inhabitants of the County of Bedford, fetting forth that William Callaway, Gentleman, had given 100 Acres of Land to the faid County, adjoining the Court Hotife, to be laid off into a Town and praying that an Adl may pafs to eftablifh the fame, was prefented to the Houfe and read. Ordered, That it be an Inftrudtion to the Committee appointed to prepare and bring in a Bill For enlarging the Town of Staunton, in the County of Augufta, that they receive a Claufe or Claufes purfuant to the Prayer of the faid Petition. M'' Wafhington reported that the Committee appointed had had iinder their Confideration the feveral Petitions of Henry Orm, Henry Moxom, John Fitzpatrick, William Chifam and John Dony, late Soldiers of the Virginia Regiment, and difcharged
Ordered,

That a

Bill

it is

referred to M'' Chriftian

as urrfit for further Service, to them referred, and had come to two Refolutions thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow: Refolved, That the Allegations of the faid Petitions are true. Refolved, That the faid Henry Moxom ought to be allowed the Simi oi 25, and the faid Henry Orm, John Fitzpatrick, Williatn Chifam and John Dony, the Sum of 20 each, as a Satiffadlion for the Injuries they have fuftained in the Service of this Colony, to be paid by the Publick. A Petition of fundry Merchants on Rappahannock River, complaining that they are greatly impofed on by a Set of Men called Pilots, who exadl exorbitant Fees and praying that a late Adt of Affembly For eftablifliing the Rates of Pilotage, which expired fome Time ago, may be revived, was prefented to the Hotife and read. Ordered, That the faid Petition be referred to the Confideration of the next Seffion
;

of Affembly.

Petition of

Mann

Page, Efq

fetting forth that he

is

feized in

Tradl of Land in Hanover, whereon Page's and Crutchfield' s taining about 950 Acres; aKo of a Tradl in King William Count}*, of 2000 Acres; that
it would be greatly to the Advantage of himfelf and his Pofterity to dock the Entail of thofe Lands, on one of which he propofes to eftablifh a Town, and to fettle in Lieu thereof a Trad of Land of which he is feized in Fee in Effex, containing

Fee Taille of a Warehoufes ftand, con-

he conceives

about 1380 Acres, with 53 Slaves to be annexed thereto, to the fame Ufes; and praying that an Adl may pafs for that Purpofe. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and it is referred to M"' Charles Carter to prepare and bring in the fame.
Several

"

Several Claims of John Pulliam, Thomas Lane, Abel Stears, William Simfon, John
Chiles,

James Swain, Michael Thomas and Thomas

Fitzpatrick, for taking

up Slaves

therein mentioned, were feverally prefented to the


to the Conlideration of the next Seffion of Affembly.

Houfe and received, and referred

The Order of the Day being read. The Houfe again refolved itfelf into a Committee to take into their further Confideration the Govemour's Speech, together with the feveral Letters to the faid Committee referred and after fome Time fpent therein M"' Speaker refumed the Chair, and M"" Charles Carter reported that tlie Committee had had the faid Speech and Letters under their further Confideration, and gone through the fame, and had come to a
;

it

Refolution thereon, which he read in his Place, and then delivered in at the Table, where was again twice read, and agreed to by the Houfe, as follows
Refolved,

That the

Sum

oi

150 be paid Meff. John Chifwell and

each, in Confideration of their Sendees as Commiffioners appointed


to

Thomas Walker by the Govemour

meet the Cherokee Lidians on the Frontiers of this Colony. Ordered, That the faid Refolve be engroffed, and that
to the Covmcil for their Concurrence.

M"'

Charles Carter do carry

it

Petition of Philip Whitehead Claiborne, fetting forth that the late Mrs. Unity

Dandridge being feized of two Tradls of Land, one of 800 and the other of 400 Acres, in Hanover, and alfo of a Tradl in King William of about 400 Acres, devLfed the fame to her Daughter Elizabeth, the Petitioner's Wife, for Life, with Power to difpofe thereof to her Children in Fee that he conceives it would be greatly to the Advantage of himfelf and Family if he was allowed to fell the two Tradls in Hanover, and to fettle a Tradl whereof he is feized in Fee in Amelia, with fome Slaves, to be difpofed of by his Wife according to the Power given her by the Will of the faid Unity Dandridge and praying that an Adl may pafs for that Purpofe. Alfo a Petition of John Weft, fetting forth that he is feized in Taille male of about 4000 Acres of Land in King William, contiguous to the Town of Delawar, commonly called Weft Point, from which, as he has but few Slaves, he receives but little Profit, and is greatly burthened with the Payment of Quitrents and Taxes for the fame that it would be greatly to the Advantage of himfelf and his Pofterity, and aKo enable him to provide for younger Children, if he was permitted to difpofe of Part of the faid Land, and lay out the Money in the Purchafe of Slaves, to be annexed to the Refidue, to defcend and pafs therewith to the fame Ufes and praying that an A<fb may pafs for
; ; ;
;

that Purpofe.

Alfo a Petition of William Todd, fetting forth that he is feized in Taille male of Land in King and Queen, and has but a fmall Niunber of Slaves to work the fame that he has agreed with Bernard Moore, Gentleman, to fell him 390 Acres, Part of the faid entailed Lands, for 292-ios. with which he intends to purchafe Slaves and praying that an A6t may pafs to veft the faid 390 Acres in the faid Bernard Moore in Fee, and to lay out the Money in the Purchafe of Slaves, to be fettled to the fame
feveral Tra(fts of
;

Ufes as the faid entailed Lands, were feverally prefented to the Hotife and read. Ordered, That Bills be brought in purfuant to the Prayers of the faid Petitions,
refpedlively
;

and

it is

referred to M"" Pendleton to prepare

and bring in the fame.


Colony was
faid Bill

On

a Motion made.
Bill

The

For further continuing the Regiment

in the Service of this

read a fecond Time, and ordered to be committed to a Committee of the whole Houfe.
Refolved,

That

this

Houfe

will refolve itfelf into a

Committee on the

To-

morrow.

by the Death of M' Hunter the Office become vacant, and praying that he may be appointed to fucceed him therein; affuring the Houfe that he will exert himfelf on all Occalions to merit their Approbation, in defpatching the pub lick Bufmeis; was prefented to the Hovife, and read. Refolved, That the faid Jofeph Royle be appointed Printer to this Hoiife.
Petition of Jofeph Royle, fetting forth that
of Printer to the General

Affembly

is

Refolved

12]

Refolved,

That the

faid Jofeph Royle be allowed the Siim of

350 per Annum, to

continue to the

End

of the next Seffion of Affembly, as a full Confideration for printing

the Journals of the Hotife of Burgeffes, printing the

and fending boimd for the 13 Copies of them to every County Court Clerk, one of which Ufe of the Court; printing Infpedlors Notes and Books, Proclamations, and other
of each Seffion,

Laws

to be half

publick Advertifements. Ordered, That the faid Refolve be engroffed, and that M"" Attorney do carry it up to the Covmcil for their Concurrence. A Petition of fundry Inhabitants of the Parifli of St. Anne, in theCountyof Albemarle, fetting forth that before the Lines were run for dividing the faid Covmty, purfuant to

a late A6t of Affembly, and without any Notice given, the Sheriff of the faid County affembled a few of his Neighbours to eledl a Veftry for the faid Parifh, and accordingly they ele(5led a Veftry, feveral of whom were neither Freeholders nor Houfekeepers there and praying that the faid Veftry may be diffolved, was prefented to the Houfe and read, and referred to the Confideration of the next Seffion of the Affembly.

On
The

a Motion made,
Bill

To empower

the Veftry of the Parifh of Hanover, in the Coxmty of

King

George, to

fell

their prefent Glebe Lands,

and to lay out the Money

in the

Purchafe of

a more convenient Glebe, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time On a Motion made. Ordered, That M'' George Davenport be appointed Clerk to the Committee of Privileges

and

Eledlions.

And

then the

Houfe adjourned

until

Tomorrow Morning, Eleven

"'Clock.

lFrl6a^. t^e 6tb of November,

(Beo.

III.

1761,

MR
receive
it.

the

Attorney reported that the Committee had, according to Order, waited on Govemour to know his Pleafure when this Houfe fhould attend him
;

with their Addrefs and that he was pleafed to appoint this Day, and to fay that he wotdd lignify by a Meffage to the Houfe when he was ready to

M' Pendleton prefented to the Houfe, according to Order, a Bill To veft certain Lands therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof; and the fame was read the firft Time, and ordered to be read a fecond Time. M'' London Carter, from the Committee appointed, prefented to the Houfe, according Order, a Bill For regulating the Fees and Charges of Perfons pradlicing in Phyfick, to Surgery and Midwifery, in this Colony; and the fame was read the firft Time, and
ordered to be read a fecond Time. M' Pendleton prefented to the Houfe, according to Order, a Bill To dock the Entail of certain Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees to be fold, and for laying out the Money in the Pvirchafe of Slaves, to be fettled to the

fame

Ufes.
;

Alfo a Bill To dock the Entail of certain Lands whereof Mann Page, Efq is feized, and for fettling other Lands and Slaves of greater Value to the fame Ufes; and the faid Bills were feverally read the firft Time, and ordered to be read a fecond Time.

Coimty of Frederick, fetting forth that one Peter Stover had laid out a Parcel of his Lands in that Coimty into Lots and Streets for a Town and praying that an Aft may paf s for eftablifhing a To'wti on the faid Lands, was prefented to the Houfe and read. Ordered, That it be an inftrudlion to the Committee appointed to prepare and bring in a Bill For eftablifhing the Town of Staunton, in the County of Augufta; that they
Petition of fimdry Inhabitants of the
;

receive a Claufe or Claufes, purfuant to the Prayer of the faid Petition.

13 ]
fetting forth that, being a Lieutenant in

Petition of Alexander

Waugh, Junior,

the Frontier Battalion in 1759, he was by his Honoiu- the Govemour appointed to recruit Men for the Cherokee Expedition in 1760, and having raifed 40 able bodied Men

marched them to the Place of Rendezvous; but being much fatigued in their March, by the exceffive Heat of the Weather, and Major Lewis, then the Commanding Officer, being very ftrift in receiving Recruits, eight of the Men he had enlifted were refufed but on Colonel Byrd's Arrival at the Camp, and finding he received feveral Men refufed by Major Lewis, the Petitioner endeavoured to retake the eight Men refufed, but met That the other fix, to whom he had advanced with only two of them who were received the full Bounty of 10 each, befides being at the Expenfe of recruiting and fubfifting them to the Place of Rendezvous, got entirely off and praying that he may be reimburfed the faid Bounty and other Expenfes, deducting the Stmi oi 13, which has been fince returned him by thofe Men, and which is all he has any Profpedl of getting from them, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to M' Pendleton, Richard Henry Lee Taylor; that they examine into the Allegations thereof, and report the fame, and M'
: ;

with their Opinions thereon, to the Houfe.

Lynn, fetting forth that in the Year 1756, being one of the detached from Prince William he was wounded in an Engagement with a Party of Indians on the South Branch, which has rendered him incapable of Labour, and that he has moreover been at confiderable Expenfe in effedling a Ciu-e, was prefented to the
Petition of Michael
Militia

Houfe and read. Ordered, That the faid Petition be referred to M'' Henry Lee and M"' William Cabell; that they examine into the Allegations thereof, and report the fame, with their Opinions
thereon, to the Houfe.

Several Claims of William Tomlenion and Benjamin Clark, for taking


therein mentioned, were prefented to the
fideration of the next Seffion of Affembly.

up Rtmaways Houfe and received, and referred to the Con-

of the Day being read for the Houfe to refolve itfelf into a Committee For further continuing the Regiment in the Service of this Colony. Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill Tomorrow. Ordered, That M'' Woodhridge be added to the Committee of Privileges and Eledlions. On a Motion made. The Bill To dock the Entail of certain Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees, to be fold, and for laying out the Money in the Purchafe of Slaves, to be fettled to the fame Ufes, was read a fecond Time, and committed to M"' Pendleton, 'W Braxton, Baylor, My Armiftead and M'' Richard Henry Lee. On a Motion made. The Bill To veft certain Lands therein-mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof, was read a fecond Time, and committed to M'' Pendleton, M'' Moore, M' Braxton, M'' Wythe, M^ Syme and M"" Greenhill. A Meffage from the Govemour by M'' Walthoe.

The Order
Bill

on the

M^ Speaker,
I

am commanded
to receive their

ready

by the Govemour to acquaint this Houfe that his Honour Addrefs in the Council Chamber.

is

now

M"' Speaker with the Houfe went up accordingly, and being returned reported that with the Hotife, had attended the Govemour in the Council Chamber, and prefented the Addrefs of this Houfe to him, to which his Honour was pleafed to return the

he,

following

Anfwer

M'

; ;

14]
of Burgeffes,

M' Speaker, and Gentlemen


I return you

of the

my

moft fincere

Houfe Thanks

for your affedionate Addrefs.

To gain

the

of Mankind, I confider as the greateft Source of human Blifs; and if I have been as to attain this, it fhall be my conftant Endeavours to preferve it, by a uniform happy fo Condud of Integrity and Sincerety in my Adminiftration of your Affairs: And you may be affured that I -fhall never afk any Thing of you but what I fhall think conducive to his Majefty's Service and the Welfare of this Colony the two great Points I have chiefly at

Efteem

Heart.

And

then the

Houfe adjourned

until

Tomorrow Morning, Eleven

"'Clock.

SoXMxha^.

lb<^

7tb of !5tovember,

<Beo.

III.

1761.

MR
Time.

Pendleton prefented to the Hoiofe, according to Order, a Bill To veft certain entailed Lands therein mentioned in Bernard Moore, Efq in Fee Simple,
;

and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes;and the fame was read the firft Time, and ordered to be read a fecond

John Bay lis, fetting forth that by an Adl paffed the laft Seffion of Affembly, For enlarging the Town of Dumfries, in the County of Prince William, Part of the Lands contiguous thereto, in the Poffeffion of M"' Bertrand Swell, were taken into the Limits of the faid Town, and vefted in the Truftees, and they were diredled to pay the Money arifmg from the Sale thereof to the faid Ewell; that he had purchafed thofe Lands of one George Hancock, and mortgaged them to him for the Payment of the Purchafe Money at a certain Day, who had affigned the faid Mortgage to the Petitioner for a valuable Confideration paid him; and that the faid Ewell, having failed paying the Money, the Petitioner had before the paffmg of the faid Adl brought his Bill in the General Court to foreclofe the Equity of Redemption; and praying that, as he has no other Secvirity for his Debt, an Adt may pafs directing the faid Truftees either to retain the Money arifing from the Sale of the faid Lands in their own Hands, or put it out at Interef t on good Security imtil the Determination of the faid Suit in Chancery was prefented to the Houfe and read. Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition, and it is referred to M"' Landon Carter to prepare and bring in the fame. M'' Pendleton reported that the Committee to whom the Petition of Alexander Waugh, Junior, was referred had examined into the Allegations thereof, and foimd them to be true, and had agreed on a Report, and come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where the fame were again twice
Petition of M''

read,

and agreed to by the

Hotife, as follow

his Petition

appears to yovir Committee that the faid Alexander Waugh paid the fix Men in mentioned the Stun oi lo each for the Bounty allowed by Law, and that the Sum of 13 for the Expenfe of recruiting them, and for their Subfifadvanced he tence from the Time of their Enliftment until they arrived at the Place of Rendezvous that the faid Alexander Waugh hath fince received ; 13 in Part of the faid Bounty
It

Money from fome of the faid fix Men, who neverthelefs Money fo returned, infifting they are entitled to the fame, and were refufed by the Commanding Officer. Refolved, That the faid Alexander Waugh ought to be
Publick.

threaten to fue

him

for the

as they were willing to ferve,

paid the

Sum

of ;6o

by the

M'' Attorney, from the Committee of Privileges and Elections, reported that the Committee had had under their Confideration the Petition of M'' John Clack, to them referred, complaining of an undue Eledtion and Return of M'' Ifaac Row Walton to ferve as a Burgefs in this prefent General Affembly for the County of Brunfwick, and had

15]

had come to feveral Refolutions thereon, which he read in his Place, and then delivered in at the Table; where they were again twice read, and agreed to by the Houfe, as
follow

That the Perfons who voted at the faid Ele(5lion, whofe Freeholds are by the Petitioner or the fitting Member, be examined on Oath before John Willis, Nathaniel Edwards, Nicholas Edmunds, Driiry Stith and John Maclin, of the faid Cotmty of Brunfwick, Gentlemen, or any three of them, whether they be Freeholders or not, except fuch of them as did fwear to their Freeholds at the faid
Refolved,

queftioned either

Ele(5lion.

Refolved,

neffes before the

That the Petitioner and fitting Member be at Liberty to examine Witfame Perfons as to the Freehold of any Perfon who voted at the faid
;

Eledlion, although fuch Perfons fwore to their Freeholds at the Eledlion, or fhall fwear

Examination and that it be an Inftrudlion to the Perfons before whom fuch Examinations are taken to examine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in Right of which they voted at the Eledlion, and that they return the Depofitions they fhall take to the next Seffion
to

them

at the

of Affembly.

Refolved, That the Petitioner give to the fitting Member ten Days Notice of the Time and Place when and where he intends to examine his Witneffes, alfo a Lift in

Writing of the

Names

of the Voters he intends to except to, diftinguifhing againft each

Name

the feveral Heads of Exception, and that the fitting

Member do

the like to the

Petitioner.

Refolved,

That the further Confideration

of the faid Petition be referred to the next

Seffion of the Affembly.

had under their Confideration the Petition of M'' John Leigh, complaining of an undue Eledlion and Return of M'' Peter Legrand, to ferve as a Burgefs in this prefent General Affembly, for the County of Prince Edward, to them referred, and had come to feveral Refolutions thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow: Refolved, That the Perfons who voted at the faid Eledlion, whofe Freeholds are queftioned either by the Petitioner or fitting Member, be examined on Oath before John Nafh the elder, Thomas Scott, John Morton, Henry Watkins and Abner Nafh, of the faid County of Prince Edward, Gentlemen, or any three of them, whether they be Freeholders or not, except fuch of them as did fwear to their Freeholds at the Eledlion. Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes before the fame Perfons as to the Freehold of any Perfon who voted at the faid Eledlion,
M''

Attorney alfo reported that the faid Committee had

although fuch Perfons fwore to their Freeholds at the Eledlion, or fhall fwear to the fame at the Examination; and that it be an Inftrudlion to the Perfons before whom
fuch Examinations are taken, to examine
of,

how long fuch Voters have been in Poffeffion and paid Quitrents for, the Lands or Tenements in Right of which they voted at the Eledlion, and that they return the Depofitions they fhall take to the next Seffion of Af-

fembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice of the Time and Place when and where he intends to examine his Witneffes, aKo a Lift in

Writing of the

Names

of the Voters

he intends to except

to, diftinguifhing againft

each

Name

the feveral

Heads

of Exception,

and that the

fitting

Member do

the like to the

Petitioner.

Refolved,

That the further Confideration

of the faid Petition be referred to the

next

Seffion of Affembly.
M"'

Confideration the Petition of

Attorney aKo reported that the faid Committee had like wife had under their M'' James Wallace to them referred, complaining of an

undue Eledlion and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for the County of Elizabeth City, and had come to feveral Refolutions thereon, which he read in his Place, and then deHvered in at the Table, where the fame were again twice read, and agreed to by the Houfe, as follow:
Refolved

i6]

That the Perfons who voted at the faid Eledlion, whofe Freeholds are queftioned either by the Petitioner or fitting Member, be examined on Oath before John Tabb, Cary Selden, Charles Jennings, George Wray and James Balfour, of the faid County of Elizabeth City, Gentlemen, or any three of them, whether they be Freeholders or not, except fuch of them as did fwear to their Freeholds at the Ele<5lion. Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes before the fame Perfons as to the Freeholds or other Qualifications of any Perfon who
Refolved,

voted at the faid Election, although fuch Perfons fwore to their Freeholds at the Eledlion, or fhall fwear to the fame at the Examination; and that it be an Inftru(5lion to the Perfons before whom fuch Examinations are to be taken to examine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in Right of which they voted at the Eledlion, and that they retiim the Depofitions they
fhall take to the

next Seffion of Affembly.

That the Petitioner give to the fitting Member ten Days Notice of the Time and Place and when and where he intends to examine his Witneffes, aKo a Lift in Writing of the Names of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads of Exception; and that the fitting Member do the like
Refolved,

to the Petitioner.

That as well the Petitioner as the fitting Member be at Liberty to examine the fame Perfons as to the Sheriff's Agreement to defer clofing the Pole before Witneffes by the Confent of the Candidates, and afterwards to poftpone it tmtil Simfetting and as to his being informed, before he clofed the Pole, that two Freeholders were then on
Refolved,
;

their

Way to the Cotirt Houfe, and the Diftance they were from the Court Hotife when was clofed, and as to the Time when the Pole was clofed and aKo to examine Pole the the Reverend M'' Warrington, and the two Freeholders above mentioned, and any other Witneffes, on Oath, as to their Intentions and Declarations to vote for any and which of
;

the Candidates.
Refolved,

That the further Confideration

of the faid Petition

be referred to the

next Seffion of Affembly. The Order of the Day being read, The Houfe refolved itfelf into a Committee on the Bill For further continuing the Regiment in the Service of this Colony and after fome Time fpent therein M' Speaker
;

refumed the Chair, and

M"'

Charles Carter reported that the Committee had had the faid

Bill tinder their Confideration,

and had made

feveral

Amendments

thereto,

which he

read in his Place, and then delivered in at the Table, where they were again twice read and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third

Time.
Petition of the Honoxirable Robert Carter, Efq fetting forth that he is feized in male of a Tradl of Land called Hudfon's of 500 Acres, on the Head of Nomony River, in the Cotinty of Weftmor eland, on which he has made confiderable Improve ments and that he is aKo feized in Fee of 6030 Acres of Land on Bull Run, in Prince William and Loudoun Covmties: That it will be greatly to the Advantage of himfelf and Family to be enabled to feU the faid Land called Hudfon's, thereby to raife Money to difcharge fome Encumbrances on that and other entailed Eftates of the Petitioner's,
;

Taille

and

to fettle fo

much

of the faid Bull

Run

Tradl in Lieu thereof as

is

of greater Value,

pofe,

exclufive of the faid Improvements; and praying that an Adl was prefented to the Hoxafe and read.

may

pafs for that Pur-

That a Bill be brought in purfuant to the Prayer of the faid Petition, and it is referred to M'' Wythe to prepare and bring in the fame. A Bill For appointing a Treafxirer was read a fecond Time, and ordered to be committed to a Committee of the whole Houfe immediately.
Ordered,

The

[17]
itfelf into the faid Committee, and after fome Time M' Speaker refumed the Chair, and M' Charles Carter reported that the Committee had had the faid Bill under their Confideration, but, not having Time to go through the fame, they had diredled him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill on Monday next. A Petition of M'' Henry Peyton, complaining of an imdue Eletftion and Return of John Baylis and M' Henry Lee, to ferve as Burgeffes in this prefent General Affembly for the County of Prince William, was prefented to the Hoiife and read. Ordered, That the faid Petition be referred to the Committee of Privileges and Elec$lions; that they examine into the Allegations thereof, and report the fame, with

The

Hovife accordingly refolved

fpent therein

their Opinions thereon, to the Houfe.

Several Claims of

Thomas Chew, William

Bell

Runaways
M''

therein mentioned, were feverally prefented to the

and John Mallory, for taking up Houfe and received, and

referred to the Confideration of the next Seffion of Affembly.

Committee appointed, prefented to the Houfe, according to Town of Staunton, in the County of Augufta, and New London, in the Coimty of Bedford, and Strafburg in the Covmty of Frederick; and the fame was read the firft Time, and ordered to be read a fecond Time. M'' Wythe prefented to the Houfe, according to Order, a Bill To dock the Entail of certain Lands whereof Robert Carter, Efq; is feized, and to fettle other Lands of greater Value to the fame Ufes and the fame was read the firft Time, and ordered to be read a
Order, a Bill For eftablifhing the
;

Chriftian from the

fecond Time.

And

then the

Houfe adjourned

until

Monday Morning,

Eleven "'Clock.

5lton6ap. t^e 9lb of November, 2 (Beo.

III.

1761.

AN

of Militia draughted out of the

Account and Claim of Captain Robert Brakenridge, for the Pay of a Company Coimty of Augufta, under his Command, was

prefented to the Houfe and received.


Ordered, That the fame be referred to M'' Wilfon and M' Sym^; that they examine the feveral Articles thereof by the proper Vouchers, and report the fame,

with their Opinions thereon, to the Houfe. M'' Landon Carter prefented to the Hotife, according to Order, a

Bill

To

explain and

amend an Adt, entitled An Ad


Prince William
;

for further enlarging the


firft

and the fame was read the

County of Time, and ordered to be read a fecond

Town

of Diunfries, in the

Time.
recruiting Inftrudlions
Clarke, fetting forth that the laft Year he enlifted (under from his Honour the Govemour) upwards of 40 Men, to each of whom he advanced the ;io Bounty allowed by Law that two of the faid Recruits were reftifed, and five others deferted, for whom the Paymafter reftifed to reimburfe him the faid Botmty Money and praying the Confideration of this Houfe therein, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to M"" Attorney and M'' LeGrand; that they examine into the Allegations thereof, and report the fame, with their Opinions
Petition of
;

James

thereon, to the Houfe.


M'' Pendleton, from the Committee to whom the Bill To dock the Entail of certain Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees, to be fold, and for laying out the Money in the Purchafe of Slaves, to be fettled to the fame Ufes, was committed, reported that the Committee had examined into the Allegations thereof, and found them to be true, but had made no Amendments thereto, and he delivered the

faid Bill in at the Table.

Ordered
Hening, VII, p. 424.

I]

That the faid Bill be engroffed, and read a third Time. On a Motion made, Ordered, That Leave be given to bring in a Bill To empower the Common Hall of the City of Williamfhurg to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings and other Conveniencies and it is referred to M'' Attorney to prepare and bring in the
Ordered,
;

fame.

a Motion made, Ordered, That M'' Jacob Wray be added to the Commiffioners, named in Saturday's Refolution from the Committee of Privileges and Eledlions, for taking Depofitions relative to M'' James Wallace's Petition, complaining of an undue Eledlion and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for the

On

County

of Elizabeth City.

The Order of the Day being read. The Houfe again refolved itfelf into a Committee on the Bill For appointing a Treafurer; and after fome Time fpent therein M'' Speaker refumed the Chair and M"'
Charles Carter reported that the Committee had had the faid Bill under their further Confideration, and gone through the fame, and had made an Amendment thereto, which

he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe. Ordered, That the faid Bill, with the Amendment engroffed and read a third Time. A Meffage from the Govemour by M'^ Walthoe.

M^ Speaker,
The Governour has commanded me
in
Officers of the Virginia Regiment, relative to their

May 1760; alfo the Letters that his General Sir Jeffrey Amherft; together with two Letters from Colonel Stephen, enclofing a Talk of fome of the Headmen of the Cherokee Indians, which came to Hand Yefterday.
Ordered,
this Hotofe.

your Houfe an Addrefs from the Memorial prefented to the laft Affembly Honour has received this Fall from his Excellency
to deliver to

That the

faid Letters

lie

on the Table,

for the Perufal of the

Members

of

And

then the

Houfe adjourned

until

Tomorrow Morning, Eleven

"'Clock.

I3ues6aY.

tl)e

lOt^ of !^ovember. 2 (Beo.

III.

176L

A
and

For regulating the Fees and Charges of Perfons practifmg in Phyfick, Surgery and Midwifery, in this Colony, was read a fecond Time, and committed to M'' Landon Carter, M'' Richard Lee, M^ Richard Henry Lee and M"' Walker. On a Motion made, Ordered, That Leave be given to bring in a Bill To enhance and more effedlually to Colony and it is referred to M' Richard fecure the Credit of the Paper Currency of this Henry Lee and M"' Wythe to prepare and bring in the fame. A Claim of John Camp, Executor of George Camp, deceafed, for Provifions fumifhed bv the Teftator for fundry tributary Indians, was prefented to the Houfe and received,
Bill
;

referred to the Confideration of the next Seffion of Affembly. of Privileges and Eledlions, reported that the M"' Attorney, from the Committee
their Confideration the

Committee had had under

Retvuns of feveral Writs for eledling

come

Burgeffes to ferve in this prefent General Affembly, and had agreed on a Report and feveral Refolutions thereon, which he read in his Place, and then delivered in at
to

read, and agreed to by the Houfe, as follows: the Table where they were again twice the Return of the Sheriff of Norfolk, that he could It appears to your Committee, by for the faid County on the Day appointed for Btu-geffes of Eledlion not proceed to the the very heavy Rains which fell about that by therein that Purpofe, being obftrudled over the Runs and Swamps in the faid Coimty, Time which carried away many Bridges

And

19]

and thereby prevented the Inhabitants thereof from attending at the Time and Place
appointed for the faid Election. Refolved, That an Addrefs be
of Norfolk. of the feveral Writs for eledting Burgeffes for the CounAmelia, Augufta, Amherft, Accomack, Bedford, Buckingham, Chefterfield, Cumberland, Culpeper, Caroline, Charles City, Dinwiddie, Effex, Fairfax, Fauquier, Frederick, Gloucefter, Goochland, Hanover, Hampfhire, Halifax, Henrico, I fie of Wight,

made

to the

Govemour

to order a

new Writ

to iffue

for the eledling Burgeffes to ferve in this prefent General

Affembly

for the faid

County

Refolved,

That the Returns

ties of Albetnarle,

James

New

City, King William, King and Queen, Louifa, Lancafter, Lunenburg, Middlefex, Kent, Nanfemond, Northumberland, Nortliampton, Prince George, Prince William^

Prince Edward, Richmond, Stafford, Southampton, Surry, Spotfylvania, Suffex, and York, and the Returns of the Writs for eledling Burgeffes for James Town and the

Borough

of Norfolk,

and the Return


in the

of the

Writ

for eledting a Citizen for the City of

Williamfburg, are
Refolved,

made

Form

prefcribed

by Law.

That the Returns of the feveral Writs for eledting Burgeffes for the CounKing George, Loudoun, Orange, Princefs Anne, Warwick and Weftmoreland, and the Return of the Writ for eledting a Burgefs for the College of William and Mary, are not made in the Form prefcribed by Law. Ordered, That the Returns of the feveral Writs mentioned in the laft Refolution be amended by the Clerk at the Table. A Bill To dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and for fettling other Lands and Slaves of greater Value to the fame Ufes was read a fecond Time, and committed to M"' Attorney, M'' Syme, M"' Grymes, M'' Upfhaw, and the Members for King William. My Attorney prefented to the Houfe, according to Order, a Bill To empower the Common Hall of the City of Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings and other Conveniencies and the fame was read the firft Time, and
ties of Brunfwick, Elizabeth City,
;

ordered to be read a fecond Time.

The feveral Letters Yefterday Govemour, were read.

laid before the

Houfe, by

Command

of his

Honour the
the Service

An

ingroffed Bill, entitled

An Ad

for further continuing the

Regiment in

of this Colony,

was read the third Time. That the faid Bill do pafs. Ordered, That M'' Charles Carter do carry up the
Refolved,

faid Bill to the Coimcil for their

Concxirrence.

Claim of John Caldwell,

for fix

Days Hire

of his

Wagon and

Horfes, employed in

the Service of the Publick, was prefented to the Houfe and received.
Ordered, That the faid Claim be referred to M' LeGrand and M'' Tabb; that they examine into the Juftice thereof, and report the fame, with their Opinions thereon, to

the Houfe.

And

then the

Houfe adjourned

until

Tomorrow Morning Eleven

"'Clock.

'^e6ne56aY.

ll)e

Utl) of !>tovember.

(5eo.

III.

1761.
Runaway
referred

A
and
"

Claim

of Levin Powell, Affignee of

William Atterbury, for taking up a


received,

therein mentioned,

was prefented to the Houfe and


Lands therein mentioned

and

to the Confideration of the next Seffion of Affembly.

Bernard Moore, Efq in Fee Simple, and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes, was read a fecond Time, and committed to M"" Richard Henry Lee, M' Adam
Bill

To

veft certain

in

M"'

Armiftead.

M'
Hening, VII,
p. 463.

[20]
M' Richard Henry Lee, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To enhance, and more effedluaUy to fecure, the Credit of the Paper Currency of this Colony and the fame was read the firft Time, and ordered to be
;

read a fecond Time.


M"' Landon Carter, from the Committee to whom the Bill For regulating the Fees and Charges of Perfons praftifing in Phyfick, Surgery and Midwifery, in this Colony, was committed, reported that the Committee had made feveral Amendments thereto, which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the Bill with the Amendments be engroffed, and read a third Time_ A Bill To dock the Entail of certain Lands whereof Robert Carter, Efq; is feized, and to fettle other Lands of greater Value to the fame Ufes, was read a fecond Time, and committed to M'' Wythe and the Members of Weftnioreland, Loudoun, Fauquier and

Prince William.
M"' Attorney, from the Committee of Privileges and Elections, reported that the Committee had had under their Confideration the Petition of M'' Henry Peyton to them referred, complaining of an undue Eledlion and Return of M"" John Bay lis and M"" Henry Lee to ferve as Burgeffes in this prefent General Affembly for the County of Prince William, and had come to two Refolutions thereon, which he read in his Place, and then deUvered in at the Table, where they were again twice read, and agreed to by the Houfe,

as follows

That the faid Petition be examined into before the Committee of the next Seflion of Affembly, and that the Petitioner do fome Time before the next Seffion of Affembly give to the fitting Members a Lift in Writing of the Names of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads of Exception, and that the fitting Member do the hke to the Petitioner. Refolved, That the further Confideration of the faid Petition be referred to the next
Refolved,

Seffion of Affembly.

Attorney alfo reported that the Committee to whom the Petition of James Clark was referred had examined into the Allegations thereof, and found them to be true, and had come to two Refolutions thereon, which he read in his Place, and then delivered in
M''

at the Table, where they were again twice read, and agreed to by the Houfe, as follow: Refolved, That the faid James Clark ought to be allowed for John Blunt and Jofeph

mentioned, who were refufed, the Sum of io each, being the Boimty advanced by him to them, and the further Sum of 30s. each, being the Money allowed by Law for fubfifting them to the Place of Rendezvous. Refolved, That the faid James Clark ought to apply to his Honour the Govemour for the Bounty Money and Expenfes he was at in recruiting the five other Soldiers in the faid Petition mentioned, who deferted before they arrived at the Place of Rendezvous. Ordered, That M'' Hatchings wait on his Honour the Govemour with the Addrefs of this Houfe, to delire he will order a new Writ to iffue for the elecling of Burgeffes to ferve in this prefent General Affembly for the County of Norfolk, purfuant to the Refolution of the Committee of Privileges and Eledlions, agreed to by the Houfe Yefterday. A Petition of James Gait, Keeper of the publick Gaol, praying that the ufual Salary

Owen, two of the Recruits

in the faid Petition

for the

Maintenance of Criminals committed to the faid Gaol, which will expire at the End of this Seffion of Affembly, may be continued, was prefented to the Houfe and
Refolved,

jj

read.

That the additional Sum of 15 be paid to the faid James Gait every Year, his ufual Salary of 25. above over and Refolved, That 10 lb. of Tobacco per Day be allowed the faid James Gait for every Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this Time to the End of the next Seffion of Affembly. M"' LeGrand reported that the Committee to whom the Claim of John Caldwell was referred had examined into the fame, and fovmd it to be juft, and had come to a Refolution

[21

tion thereon, which he read in his Place, and then delivered in at the Table, where again twice read, and agreed to by the Houfe, as follows:
Refolved,

it

was

That the faid John Caldwell ought to be allowed the Sum of 3. i8s. for the Service of his Team, to be paid by the Publick. A Memorial of the Officers of the Virginia Regiment, to the fame Purport as that prefented to the Houfe at a Seffion of Affembly the 7*^ of March, 1760, and praying the Confideration of the Houfe therein, and that a Provifion may be made for their Support when the Regiment fhall be difbanded. Alfo a Memorial of M'' William Peachey, fetting forth that he entered into the Service of this Colony as an Officer in the Regiment in September 1755, and continued in the Service imtil February 1760, during which Time, and efpecially for the two laft Years, he {pent a great Deal more Money than the whole Amount of his Pay, which was not fufficient to fupport him in the Rank of the Commiffion he bore, and praying the Confideration of the Hoiofe therein, were feverally prefented to the Houfe and read. Ordered, That the faid Memorials be referred to the Confideration of the next
Seffion of Affembly.

An

engroffed Bill, entitled.


is feized,

An AA^
veft

Weft Gentleman,

and

to dock the Entail of certain Lands whereof John them in Truftees, to be fold, and for laying out the

Money in the Purchafe of Slaves, to be fettled to the fame Ufes, was read the third Time, and the Blanks therein filled up. Refolved, That the Bill do pafs. Ordered, That M'' Richard Henry Lee do carry up the faid Bills to the Council for their
Concurrence.

That M"- Tabb be added to the Committee to whom the Bill To veft certain Lands therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and for fettUng other Lands and Slaves in Lieu thereof, is committed. A Bill For eftablifhing the Towns of Staunton, in the County of Augufta, and New London, in the County of Bedford, and Strafburg, in the County of Frederick, was read a
Ordered,

fecond Time.
Ordered,

That the

faid Bill be engroffed,

An

engroffed

Bill, entitled.

An Ad'

to

in the County of King George, to fell their in the Purchafe of a more convenient Glebe,
Refolved,

and read a third Time. empower the Veftry of theParifh of Hanover, prefent Glebe Lands, and to lay out the Money was read the third Time.
faid Bill to the Council for their

Ordered,

That the Bill do pafs. That M"' Charles Carter carry up the

Con-

currence.

Bill

Taxes, from

To empower the Common Hall of the City of Williamfburg to affefs fuch Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all

Charges and Expenfes for publick Buildings and other Conveniences. Alfo a Bill To explain and amend an Adt for further enlarging the Town of Dumfries, in the County of Prince William, were feverally read a fecond Time.
Ordered,

And

then the

That the faid Bills be engroffed, and read a third Time. Houfe adjourned until Tomorrow Morning, Eleven "'Clock.

'G^r56ar.

tb<i

12 tb of !5tovember.

(Beo. Ill

176U

MR
come
>

Wilfon reported that the Committee to whom the Claim of Robert Brackendridge, late a Captain of a Company of Militia of the Coimty of Augufta, ordered out in adlual Service, in behalf of himfeH and the Officers and private

Men
Table, where
it

of the faid

Company, was
read,

to a Refolution thereon, which he read in his Place

was again twice

had examined into the fame, and and then dehvered in at the and agreed to by the Houfe, as follows:
referred,

Refolved
Hening, VII,
p. 488.
a

Ibid.yi\,-p. 471

22

Refolved, That the Sum of 2$i-i8f. is due to the faid Company of Militia, at the Rate allowed by Law, for the Time they continued in adtual Service, which ought to be

paid

by the

Publick.
M"'

Meffage from the Council by

Walthoe.

That they have agreed


Alfo

to the Bill, entitled,

An Adl

for further continuing the

Regiment

in the Service of this Colony.

the Coimty of

An Adt to empower the Veftry of the Parifh of Hanover, in King George, to fell their prefent Glebe Lands, and lay out the Money in the Purchafe of a more convenient Glebe. Alfo to the Bill, entitled, An Adl^ to dock the Entail of certain Lands whereof /o/tw Weft, Gentleman, is feized, and veft them in Truftees, to be fold, and for laying out the Money in the Purchafe of Slaves, to be fettled to the fame Ufes.
to the Bill, entitled,

Alfo
of
,

to the feveral

Refolves of this Houfe for paying Jofeph Royle, Printer, a Salary

350 per

Annum.
paying Meff. John Chifwell and Thomas Walker the
Bill, entitled.

And for

Sum

oi

150 each, for

the Services therein-mentioned.

An

engroffed

An Ad*

to

empower
to

Williamfburg
cies,

to affefs

fuch Taxes, from

Time

the Common Hall of the City of Time, on the Inhabitants thereof, as fhall

be fufficient to anfwer all Charges

and Expenfes

for publick Buildings

and

other Convenien-

was read a
Refolved,

third Time.

Ordered,
rence.

That the Bill do pafs. That M'' Attorney do carry up the

faid Bill to the Coimcil for their Concur-

Wythe reported that the Committee to whom the Bill To veft certain Lands therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof, was committed, had examined into the Allegations thereof, and found them to be true, and he delivered the faid Bill in at the Table and an Amendment being propofed to the faid Bill, and agreed to. Ordered, That the faid Bill, with the Amendment, be engroffed, and read a third
M''
;

Time.
M"' Henry Lee reported that the Committee to whom the Petition of Michael Lynn was referred had examined into the Allegations thereof, and found them to be true, and had come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to, as follows; Refolved, That the faid Michael Lynn ought to be allowed the Sum of ; 1 5 to be paid by the Publick, as a full Satiffadtion for the Wounds he received in an Engagement with the Indians on the South Branch of Potomack, in the Year 1756, and for the Expenfe he was at in ciiring the fame. M"' Attorney reported that the Committee to whom the Bill To dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and for fettling other Lands and Slaves of greater Value to the fame Ufes, was committed, had examined into the Allegations thereof, and found them to be true, and he delivered the Bill in at the Table. Ordered, That the faid Bill be engroffed, and read a third Time. An engroffed Bill, entitled. An Ad^ to explain and amend an Ad, entitled. An Ad for further enlarging the Town of Dumfries, in the County of Prince William, was read the
,

third Time.
Refolved,

Ordered,

That the Bill do pafs. That M'' London Carter do carry up the
for taking

faid Bill to the Cormcil for their

Concvurence.

A Claim of Richard Oglefby,


to the Houfe

up a Slave

therein mentioned,

was prefented

and received, and

referred to the Confideration of the next Seffion of

Affembly.

The
Hening, VII,
"

p. 463.

Ibid., VII, p. 488.


Ibid..

Ibid..

VII, p. 472.

Ibid.,

VII, p. 471.

VII, p. 469.

23

Sub

Sheriff, of the

The Honfe being informed that Hmvfcm Hooe, Gentleman, Sheriff, and Levin Powell, County of Prince William, did in the Execution of their 0;^ce, at the

late Eledlion of Burgeffes for the faid County, behave in moft Inftances of their Condudl throughout the whole Eledion illegally and unjioftly, contrary to the Truft repofed in them, and adled with the greateft Partiality in taking the Poll:

Ordered,
of Privileges

That the faid Information be referred to the Confideration of the Committee and Eledlions that they examine into the Matter thereof, and report the
;

fame, with their Opinion thereon, to the Houfe. A Bill To enhance, and more effedlually to fecure, the Credit of the Paper Currency of this Colony, was read a fecond Time.

and read a third Time. for eftablifhing the Towns of Stavmton, tn //t^ County of Augufta, and New London, in the County of Bedford, and Strafburg, in the County of Frederick, was read the third Time, and the Blanks therein filled up. Refolved, That the Bill do pafs. Ordered, Tliat M"" Attorney do carry up the faid Bill to the Council for their ConOrdered,
faid Bill be engroffed,

That the

An

engroffed Bill, entitled.

An Ad'

currence.

Meffage from the Council by M"^ Walthoe. That they have agreed to the Bill, entitled, An Adl' to empower the Common Hall of the City of Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings and other Conveniences, with fome Amendments, to which they defire the Concurrence of this Houfe.

And
entitled.

that they

have agreed

to the Bill, entitled

An

Adl^ to explain and

amend an A<5t,
of Prince

An

A(5l for further

enlarging the

Town

of Dumfries, in the

County

William,

ivithout

any Amendment.

The Houfe immediately proceeded to the Confideration of the Amendments propofed by the Council to the Bill above mentioned, and the fame being read were agreed to.
Ordered, That them therewith.
M"^

Attorney do go up with a Meffage to the Coimcil, and acquaint

On

Ordered,

Motion made, That Leave be given to bring

in a Bill

Money for this prefent Seffion of Affembly, and it Carter, Jimior, to prepare and bring in the fame.

For paying the Burgeffes Wages in is referred to M'' Cary and M'' Charles

An

engroffed Bill, entitled.

An Ad*
up.

for appointing a Treafurer,

was read a

third

Time, and the Blanks therein


Refolved,

filled

Ordered,

That the Bill do pafs. That M"^ Charles Carter do carry up the Houfe adjourned
until

faid Bill to the Council for their

Concurrence.

And

then the

Tomorrow Morning, Eleven

"'Clock.

l-riba^, t^e I3tl) of ^flovember,

<Beo.

III.

1761.

A
>

Petition of fiondry Inhabitants of the Parifh of Truro, in the


in oppofition to a Petition for dividing the faid Parifh,

County of Fairfax, was prefented to the

Houfe and

read.

Refolved,

That the

faid Petition be referred to the Confideration of the

next Seffion of Affembly.


therein mentioned,

Several Claims of John Gladdin and Nathaniel Crawley, for taking up Runaways were prefented to the Houfe and received, and referred to the

Confideration of the next Seffion of Affembly.

_
Hening, VII,
p. 473.
'

M^
ibid., VII, p. 469.
'

Ibid.,

VII, p. 472.

Ibid.,

VII,

p. 466.

[24]
M' Wythe, from the Committee to whom the Bill To dock the Entail of certain Lands whereof Robert Carter, Efq is feized, and to fettle other Lands of greater Value to the fame Ufes, was committed, reported that the Committee had examined into the Allegations of the faid Bill, and found them to be true, and had made feveral Amendments thereto, which he read in his Place, and then deUvered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by
;

the Hotife.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time. M' Richard Henry Lee reported that the Committee to whom the Bill To veft certain entailed Lands therein mentioned in Bernard Moore, Efq in Fee Simple, and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes, was committed, had examined into the Allegations of the faid Bill, and found them to be true, and he
;

delivered the faid Bill in at the Table.


Ordered,

That the

faid Bill be engroffed,

and read a

third Time.

An

engroffed

Bill, entitled.

An Ad'

to

dock the Entail of certain Lands whereofMann


to the

Page, Efq; is feized, and for fettling other Lands and Slaves of greater Value Ufes, was read a third Time.
Refolved,

fame

That the Bill do pafs. Ordered, That M'' Charles Carter do carry up the
M''

faid Bill to the Council for their

Concurrence.

Cary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes Money for this prefent Seffion of Affembly; and the fame was read the firft Time, and ordered to be read a fecond Time. An engroffed Bill, entitled. An Ad' to enhance, and more effedually to fecure, the credit of the Paper Currency of this Colony, was read the third Time, and the Blanks therein

Wages

in

filled

up.

Refolved,

Ordered,

That the Bill do pafs. That M'' Richard Henry Lee do carry up the

faid Bill to the Coimcil for their

Concurrence.

Meffage from the Govemour was delivered by

M""

Walthoe.
m

M' Speaker,
from

The Governour has commanded me to deliver the Honourable William Byrd, Efq;

to

your Houfe a Letter he had juft received

And

the faid Letter

was

read,

and ordered to

lie

on the Table.

A Petition of John Broadrib, eldeft Son of Benjamin Broadrib, deceafed, to be Doorkeeper to this Houfe, praying that he may be appointed to fucceed his faid Father in that Office, was prefented to the Houfe and read; and thereon Ordered, That the faid John Broadrib be appointed a Doorkeeper to this Houfe, and that he give his Attendance accordingly. An engroffed Bill, entitled. An Ad^ to veft certain Lands therein mentioned in Phi]ip

Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof, was read the third Time. Refolved, That the Bill do pafs. Ordered, That M'' Wythe do carry up the faid Bill to the Council for their Concurrence. Ordered, That a Committee be appointed to examine the enrolled Bills of the following Perfons: M' Carrington, M' Claiborne, M'' Cabel, and M'' Henry Lee. An engroffed Bill, entitled. An Ad* to veft certain entailed Lands therein mentioned in Bernard Moore, Efq; in Fee Simple, and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes, was read the third Time, and the Blanks therein filled up. Refolved, That the Bill do pafs. Ordered, That M^ Richard Henry Lee do carry up the faid Bill to the Coimcil for their
Conciurence.

On

a Motion made,
Refolved
p. 480.
>

Hening, VII,

Ibid..

VII,

p.

465.

Ibid.,

VII, p. 486.

* Ibid.,

VII, p. 483.

[ Refolved,

as]

following be paid to the feveral Officers of the General Affembly, refpedlively To John Randolph, Efq Clerk of the Houfe of Burgeffes ;9o To Nathaniel Walthoe, Efq Clerk of the General Affembly 40 To the Reverend M'' Yates, Chaplain 20 To M"' George Davenport, Clerk of the Committee of Privileges and Eledlions 30
feveral
; ;

That the

Sums

To M"' Francis Eppes, Sergeant at Arms To the Doorkeeper of the Council To John Broadrib To James Lavie. .. tt ^ ^t. to the Houfe ^ rr Doorkeepers ^ Thomas Francis To %,, To Nathaniel Hix
. .

30
6 6 6 6
6
M"'

j-

Ordered,

That the

faid Refolve

be engroffed, and that


M""

Richard Henry Lee do

carry

it

up

to the Council for their Concurrence.

Meffage from the Council by

Walthoe.

That they have agreed


fecure, the Credit of the

to the Bill, entitled.

An

A(5l

to enhance,

and more effedlually to

Paper Currency of

this Colony.

Alfo to the Bill, entitled. An Adl' to veft certain Lands therein mentioned in Pfet/i/? Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves
in

Lieu thereof, without any Amendments.

And

that they have agreed to the Bill, entitled,

An

Acfts for eftablifhing

the Towns of

Staunton, in the County of Augufta,


Strafburg, in

and New London, in the County of Bedford, and the County of Frederick, with an Amendment, to which they defire the Con-

currence of this Houfe.

The Houfe immediately proceeded


the fame being read was agreed to.

to the Confideration of the faid

Amendment, and
and acquaint

Ordered, That M' Attorney do go up with a Meffage them therewith.

to the Coimcil,

An engroffed
a third Time.

Bill, entitled,

An Ad*

to

dock the Entail of certain Lands whereof Kohert


of greater

Carter, Efq; is feized,

and

to fettle other

Lands

Value

to the

fame Ufes, was read

That the Bill do pafs. That M'' Wythe do carry up the faid Bill to the Cotmcil for their Concurrence. A Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly was read a fecond Time, and committed to M'' Richard Henry Lee and M'' Cary. And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Refolved,

Ordered,

Saturday, t^e I4t^ ba^ of ^lovember. 2 (Beo. Ill 1761.

A
'

Meffage from the Council by M^ Walthoe.

That they have agreed to the Bill, entitled, An Adl' for appointing a Treafurer. Alfo to the Bill, entitled. An Adl* to dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and for fettling other Lands and Slaves of greater

Value to the fame Ufes.


Alfo
to the Bill, entitled.
is

An

Robert Carter, Efq;

feized,

and to

Adt' to dock the Entail of certain Lands whereof fettle other Lands of greater Value to the
Alfo

fame Ufes.

Hening, VII,
Ibid.,

p. 465.

Ibid.,

VII, p. 473p. 478.

Ibid.,

'

VII, p. 486.

Ibid.yn.

Ibid.,

VII, p. 466. VII, p. 480.

'

Ibid.,

VII, p. 478.

. .

[26]
Alfo to the Bill, Bernard Moore, Efq
fettled to the
entitled.
;

An

A<51

>

to veft certain entailed


for laying out the

Lands therein mentioned in


in Slaves, to

in

Fee Simple, and

Value thereof

be

fame

Ufes.
Officers Salaries for this prefent Seffion of

Alfo

to the

Refolve For paying the

Affemhly.

Meredith, for taking

Several Claims of Charles Reeve, William Symmonds, Jofeph Warwick and Samuel up Runaways therein mentioned, were feverally prefented to the

Houfe and received, and referred to the Confideration of the next Seffion of Affembly. M"" Cary, from the Committee to whom the Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, was committed, reported that the Committee had made feveral Amendments thereto, which he read in his Place and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Hotife. Ordered, That the Bill with the Amendments be engroffed, and read a third Time. An engroffed Bill, entitled. An Ad' for paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, was read the third Time. Refolved, That the Bill do pafs. Ordered, That M"" Cary do carry up the faid Bill to the Council for their Concurrence. On a Motion made, Refolved, That the Burgeffes for the County of Amherft be allowed for fix Days, for Buckingham five, and for Fauquier four Days, for travelling to and from the General
Affemblies.

27

A
Money

Meffage from the Council by

M"'

Walthoe.

That they have agreed

to the Bill, entitled,

An

A(5l^ for

paying the Burgeffes Wages in

for this prefent Seffion of Affembly.

M""

Carrington reported that the Committee appointed had, according to Order,


Bills,

examined the enrolled


were truly enrolled.
Ordered,
Infpecflion.

and

redlified

fuch Miftakes as were found therein, and they


Bills to

That M' Carrington do carry up the enrolled

the Council, for their

Meffage from the Council by M' Walthoe.


the enrolled Bills,

That they have infpeded

and are

fatiffied they are truly enrolled.

A
M''

Meffage from the Govemour was delivered by

M"'

Walthoe.

Speaker, and Gentlemen of the Houfe of Burgeffes,

that

The Govemour commands your immediate Attendance in the Council Chamber, and you bring with you fuch Bills and Refolves as are ready for his Affent.
M"'

Speaker with the Houfe went up accordingly, and the

Govemour was

pleafed

to give his Affent to the following Bills


1.

*An
5

Ad for

further continuing the Regiment in the Service of this Colony.

2
3.

For appointing a Treafurer.


effedually to fecure, the Credit of the

^To enhance, and more

Paper Currency of

this

Colony.

7For eftablifhingthe Town of Staunton, in the County of Augufta; and New London, in the County of Bedford; and Strafbxirg, in the County of Frederick. ^To empower the Common Hall of the City of Williamfburg to affefs fuch Taxes, 5 from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings and other Conveniencies. For
4.
'

Hening, VII,
Ibid.,

p. 483.

Ibid.,

'

VII,

p. 476.

Ibid.,

VII, p. 476 VII, p. 463

5 "

Ibid..
Ibid.,

VII, VII,

p. 46O. p. 465.

Ibid., Ibid..

VII, p. 473.

VII, p. 469.

[
6.
7.

27

'For paying 'To empower

the Burgeffes

Wages in Money

the Veftry of the

fell their

prefent Glebe Lands,

and

to

for this prefent Seffion of Affembly. Parifh of Hanover, in the County of King George, to lay out the Money in the Purchafe of a more convenient

Glebe.

^To dock the Entail of certain Lands whereof Robert Carter, Efq; is feized, and to Lands of greater Value to the fame Ufes. 9. *To veft certain entailed Lands therein mentioned in Bernard Moore, Efq; in FeeSimple, and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes. 10. 5 To dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and for fettling other Lands and Slaves of greater Value to the fame Ufes. 11. ''To veft certain Lands therein-mentioned in Philip Whitehead Claiborne, Gentleman, in Fee-Simple, and for fettling other Lands and Slaves in Lieu thereof. 12. 'To dock the Entail of certain Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees, to be fold, and lay out the Money in the Purchafe of Slaves, to be fettled to the fame Ufes. 13. ^ To explain and amend an Ad, entitled. An Ad for further enlarging the Town of Dumfries, in the County of Prince William. The Govemour alfo gave his Affent to the following Refolves 1. A Refolve For paying the Officers Salaries for this prefent Seffion of Affembly. 2. A Refolve for paying Jofeph Royle, Printer, a Salary of 350 per Annum. 3. A Refolve For paying Mefs. John Chifwell and Thomas Walker the Sum of ;ii5o
8. fettle

other

each, for the Services therein-mentioned.

And then
Gentlemen

his

Honour was pleafed

to clofe the Seffion with the following Speech

of the Council,

M'

Speaker, and Gentlemen of the Houfe of Burgeffes,


that I will difpofe of the

Having given my Affent


you; after giving you

to all the Bills

my

Affurance

now paffed
the

for that Purpofe.


to be got

I fhall

you have prepared for me, I fhall now difmifs Regiment agreeably to the Ad order the Accounts of the Provifion and Carriage for
to

Year 1760

ready for Colonel Byrd

prefent to the General, as he propofes;

and

fhall write to

Them

both to endeavor to procure the

Payment

thereof.

M'
the

Speaker, and Gentlemen of the Houfe of Burgeffes,


explain a Part of my Condud towards your Houfe, which was the Letters I had received from Sir Jeffery Amherit relating to this

It is neceffary for

me

to

fending down
after

all

you had taken the Matter of his laft Letter into your Confideration. I did this to obviate a falfe and fcandalous Rumour, which has too much prevailed without Doors, that I had received a Letter from Sir Jeffery Amherft, in which he had given up our Regiment, as having no more Ufe for it, though I did not think proper to produce the Letter. For Fear this fhould have any Influence on your Deliberations, and obftrud your good Intentions to comply with the Defires of the General, I thought it proper to take this Step. Reports of fuch a Nature tend to alienate the Minds of his Majefty's Subjeds from him and his Government, and are of a moft pernicious Confeqtience: I therefore hope you will always difcourage and difcountenance the Authors and Propagators of fuch falfe News. And I can with Juftice appeal to yourfelves whether you have, at any Time, found me backward in communicating any Thing to you which could give you any Infight into the Bufinefs I recommended to your Confideration.
Gentlemen
There
prorogued
'

Campaign,

of the

Council and of the Houfe of Burgeffes,


left

is
to

Nothing

for

me now
VII,

to

do but

to

prorogue you, and you are accordingly

Thtirfday the
3

lo'* of
Ibid., Ibid..

December
p. 478.

next.
s

Ibid.,

Hening, VII, p. 476. VII, p. 471.

Ibid.,

"

VII, p. 483.

6 Ibid.,

VII, p. 480. VII, p. 486.

Ibid.,

ibid..

VII, p. 488. VII, p. 472.

JOURNAL
of the

House of Burgesses
1762
January Seflion

Burgeffes.
Accomac
Albemarle

Thomas Parramore
Southey Simpfon

Hanover
Henrico
of

John Syme Nathaniel Weft Danridge


Philip

Thomas Walker
John Fry

Mayo

Bowler Cocke
Ifle

Amelia

David Greenhill

Wight

James Bridger
Jofeph Bridger

Thomas Tabb
Amherft
Augiifta

William Cabell
Cornelius

James City Jameftown

Thomas
King & Queen King George

Lewis Burwell Philip Johnfon

Krael Chriftian

Edward Champion Travis


*John Robinfon John Pendleton
Charles Carter
Charles Carter,
Jr.

John Wilfon
Bedford

William Callaway John Talbot

Bnmfwick
Buckingham
Caroline

Kaac Rowe Walton


William Thornton

King William
Lancafter

Robert Boiling Jofeph Cabell


* Edmund

Bernard Moore Carter Braxton


Charles Carter

Pendleton

Richard Mitchell

John Baylor
Charles City

Loudoun
Louifa

Francis Lightfoot Lee

Benjamin Harrifon
William Kennon

James Hamilton
William Johnfon Thomas Johnfon

Chefterfield

Archibald Car>' Richard Eppes

Lunenburg
Middlefex

Clement Reade

The College
Culpeper

Mann Page
James Barbour John Field
* George

Henry Blagrave John Smith *Ralph Wormeley


Leonard Riddick Willis Riddick
.

Cumberland
Dinwiddie

Carrington

Nanfemond

*John Fleming

Robert Boiling Leonard Claiborne,


*George Wythe *William Wager

New Kent
Jr.

Gill

Armiftead Richard Adams

Elizabeth City

Norfolk

William Bradley Thomas Veal

Effex

John Upfliaw John Lee


George Johnfton

Norfolk Borough Jofeph Hutchings

Northampton

Fairfax

John Harmanfon Thomas Dalby


Spencer Ball

John Weft
Fauquier

Northumberland Richard Hull


Orange
Prince

Thomas Marfhall Thomas Harrifon


George Wafhington * George Mercer

Frederick

James Taylor James Walker


Peter I^egrand

Edward

Gloucefter

John Page Thomas Whiting

Abner Nafh
Prince George

Richard Bland
Richard Bland,
Jr.

Goochland
Halifax

John Payne Jolias Payne


Nathaniel Terry

Prince William

Henrj' Lee

Robert
Hampfliire

Wade

Princefs

Anne

John Baylis Anthony Walke

James Keith

Thomas Rutherford
Not fhown
by

Richmond

Edward Hack Mofeley Landon Carter


John Woodbridge

the Journal to have been prefent during the Affembly.

[32]
Southampton Jofeph Gray Benjamin S. Symmons
Spotfylvania
Fielding Lewis

Warwick

*William Digges William Harwood

*Benjamin Grymes
Stafford

Weftmoreland *Richard Henry Lee Richard Lee


Williamfburg

William Fitzhugh Thomas L. Lee


Hartwell Cocke

*Peyton Randolph

York

Surry
Suffex

Dudley Digges Thomas NeKon,

Jr.

Henry Browne
David Mafon John Edmunds
to

*Not fhown by the Journal

have been prefent during the Affembly.

Changes

in the

Perfonnel, 1762
Seffion.

January
Henrico

King & Queen Northampton

Philip Mayo succeeded William Randolph John Pendleton fucceeded George Braxton Richard Hull fucceeded Prefley Thornton

JOURNAL
of the

B OF OURGESSES House OUSE of


T5l)ttrs6ar, tht t4tb of Hartuarif.

2 6eo.
Walthoe.

III.

1762.

A
the

Meffage from the Govemour was delivered by

M"'

M^ Speaker, and Gentlemen

of the

Houfe

of Burgeffes, of

The Govemour commands Council Chamber.

the

immediate Attendance

your Houfe in

Accordingly M"" Speaker, with the Houfe, went up to attend the Govemour. And being returned, reported that he, with the Hotife, had attended the Govemour in the Council Chamber, where his Honour had been pleafed to make a Speech to the Cotmcil and this Houfe, of which he had, to prevent Miftakes, obtained a Copy which he read to the Houfe, and afterwards delivered in at the Table, where it was again read,
;

and is as follows
Gentlemen of the Council,
M''

Speaker, and Gentlemen of the Houfe of Burgeffes,

My
this
to call

Duty

to his

Majefty, whofe Servant I am, and

my

Attention to the Welfare of


to

Colony, over which I have the

Honour

to prefide,

have jointly confpired

induce

me

Time; that I might make you acquainted with the Steps I have taken towards the difbanding the Regiment, agreeably to the Ad of Affembly paffed laft Seffion for that Purpofe, and at the fame Time communicate to you fame Letters I have received on that Subjed.
together at this

you

On

the Rifing of the laft Seffion of Affembly, I


to

Stephen, the Officer Commandant,


I thought the
at the of the

immediately fent Orders to Colonel march the Regiment inwards to Stahlnaker's, where
for,

Men

could be more eafily and plentifully provided


to

than at their

Camp

Big Ifland, there


that

wait for the authentick Account I every


the

Day expeded
Warriour

to receive

Conclufion of the Peace; and on the Receipt of a Letter from Colonel Stephen, giving

me an Account
kees,

Conocotocho, or

Standing Turkey,

the great

of the

Chero-

was arrived in his our Bull and the Chiefs


of white

with the Articles of Peace agreed on by Lieutenant-Governof the Cherokee Nation, and had fent down to me a Belt of Peace
that this

Camp

Wampum;
had not

I took the Advice of the Honourable the Council affigned

Majefty,

who agreed with me in Opinion


then, nor

was

fufficient

Authority for

me by his me to ad

on, though I

have

yet, received the

Confirmation of the Peace from Gov-

emour Bull. In Confequence of this Advice, I immediately fent Orders to Colonel Stephen to march the whole Regiment to Fort Lewis, where he fhould meet the Orders to difband it, according to the Time thofe Orders went from me; and by the Hardnefs of the Seafon the
Regiment cannot yet have reached that Poft, fo that not a Day has been yet loft, or the Colony put to any Expenfe which could be faved. Sir Jeffery Amherft, in a Letter I have received from him on the Subjed of our Regiment, has fully convinced

me

that I fhould not

do

my Duty

to his

Majefty, in promoting
to

[34]
to the

utmoft of
if

my Power

his Service,
it to

recommended

to

me by

his

in thefe Parts,
the Regiment.

I fhould not refer

your Confideration before I

Commander in Chief took on me to difband

His Reafons why that Meafure fhould not be haftily entered on carry fuch a Degree of Weight and Solidity with them as deferve your moft ferious Attention; which I hope, and make no Doubt, but you will give them. The Letters and Papers which can give you any Information on this Matter I fhall

now

lay before you.

M^ Speaker, and Gentlemen


In
the providing for the

of the

Houfe

of Burgeffes,

Continuation of any Expenfe you may judge neceffary for the Security of the Colony, and the Honour of his Majefty, I can only point out to you that Care and Tendernefs for the People which you have hitherto always fhown, in an exemplary

Manner, on

fimilar Occafions.
of the

Gentlemen

Council and of the Houfe of Burgeffes,


to

I have Nothing more

recommend

to

you

at prefent;

and

that

you may proceed with

Defpatch, I fhall very willingly difpenfe with any Forms, which regard myfelf only, that may detain you from immediately entering on the Bufinefs now referred to you, and for
the Confideration of
M"'

which you are now

called together to meet in this General

Affembly.

Speaker aKo reported that the

Govemour had delivered to him the feveral Letters

Amherft and Colonel Stephen mentioned in his Speech, alfo a general State of M'' Abercrombie's Accotmt with this Colony to be laid before the Hotife; and the faid Letters were read, and ordered to Ue on the Table. Refolved, That this Hotife will take the Govemour 's Speech into Conlideraton

from

Sir Jeffery

Tomorrow.
William Yates be continued Chaplain to this Houfe, and that he attend to read Prayers every Morning at Ten o 'Clock. Ordered, That the feveral Doorkeepers be continued in their refpedlive Offices, and that they give their Attendance accordingly. A Petition of ftmdry Inhabitants of the upper Part of the County of King and Queen, praying that the faid County may be divided, and Part thereof added to the County
Ordered,
M''

That the Reverend

of Caroline,

by certain Lines therein particularly expreffed, was prefented referred to the Confideration of the next Seffion of Affembly. and and And then the Houfe adjourned until Tomorrow Morning Eleven "'Clock
read,

to the

Houfe

lFri6a^, t^e I5l\) of

3anuar2. 2

(Beo, III

1762.

Two

Members returned on new Writs, having taken the Oaths appointed by Adt of ParHament to be taken inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oaths of Abjuration, and aHo fubfcribed
the Teft, were admitted to their Places in the Houfe.

Humphrey Burdett, Martin Vaughan, John Miller, Jimior, Jofias Smith, Ambrofe Bidlard, Samuel Allen, Thomas Loyd, Charles Burton Thomas Plunket, and Jeffe Burton, for taking up Rtmaways therein mentioned, were feverally prefented to the Houfe and received, and referred to the Confideration of the next Seffion of
Several Claims of

Affembly. The Order of the Day being read, for the Houfe to refolve itfelf into a Committee on the Govemour 's Speech. Ordered, That the feveral Letters Yefterday laid before the Houfe, and ordered to lie on the Table, be referred to the Confideration of the faid Committee.

Then the Houfe


{pent therein,
M''

refolved itfelf into the faid Committee; and after fome Time Attorney reported that the Committee had had the faid Speech and Letters

[35]
Letters under their Confideration, and gone through the fame,
olution thereon, which he read in his Place,

and had come to a Reand then delivered in at the Table, where


for

the fame

was again twice read, and agreed to by the Houfe, as follows Refolved, That the Adt paffed the laft Seffion of Affembly, entitled. An Ad'
Regiment in
Bill or Bills

further continuing the

the Service of this Colony,

ought to be amended.

Ordered,
it is

That a

be brought

in,

referred to M'' Richard


in the fame.

Henry Lee, M' Bland, M' Fleming and M' Pendleton,

purfuant to the faid Refolution; and to prepare

and bring

Keeper of the pubhck Gaol, praying that hisufual Allowance for maintaining the Prifoners committed to the faid Gaol, which will expire at the End of this Seffion of Affembly, may be further continued, was prefented to the Houfe and read, and thereon Refolved, That the additional Stun of 1 5 be paid to the faid James Gait every Year, over and above his tifual Salary of 2 5 Refolved, That 10 lb. of Tobacco per Day be allowed to the faid James Gait for every Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this Time to the End of the next Seffion of Affembly.
Petition of

James

Gait,

A Petition of Richard Johnfton, praying to be reimburfed by the Publick for the Botmty-Money and Expenfes by him paid for enlifting and conveying to the Place of Rendezvous three Men by him recruited for the Frontier Battalion, who were refufed by the Commanding Officer, amoimting in the Whole to sj. 1$ s. was prefented to the Hotife and read. Ordered, That the faid Petition be referred to M"' Pendleton, M^ Grymes and M' Mercer; that they examine into the Allegations thereof, and report the fame, with their
Opinions thereon, to the Houfe. And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.

Saturday* t^e I6t^ of lanuav^. 2 (Beo.

III.

1762.

A
of the
M''

Claim of William Keeling, Sheriff of Princefs Anne Cotmty, for tranfporting a Runaway Slave from the Cotmty acrofs the Bay to Northampton County. Alfo feveral Claims of Almorene Bryan and Conftantine Rock, for taking

up Runaways therein mentioned.


Alfo a Claim of John Vance, for a Mare and Bridle, valued at ; ii. 5. o impreffed into his Majefty's Service by Order of Colonel Byrd, and which were never returned him were feverally prefented to the Hotife and received, and referred to the Confideration

next Seffion of Affembly. Richard Henry Lee, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To amend an Adl entitled, Aw Ad' for further continuing the Regiment in the Service of this Colony; and the fame was read the firft Time, and ordered to be read a fecond Time.

M' Pendleton reported that the Committee to whom the Petition of Richard Johnfton was referred had, according to Order, examined into the Allegations thereof, and had agreed on a Report, and come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the
Houfe, as follow:

appears to your Committee that the faid Richard Johnfton recruited the three named, and paid them the Botmty Money of 10 each, and marched and fubfifted them to the Place of Rendezvous, for which he has received no Satiffadlion,
It

Men

in his Petition

Men were refufed by Major Lewis; that the faid three Men were ablebodied young Men, and as fit for the Service as many others that were received by Colonel Byrd, after being refufed by Major Lewis.
as the faid three

Refolved
Hening, VII,
p. 463.
'

Ibid.,

VII, p. 463.

[36]
Refolved,

That the
15. o for

Sum

of

; 37.

faid Richard Johnfton ought to be allowed by the Publick the the Bounty paid the faid three Men, the Trouble and Expenfe

of enlifting them,

and

their Subfiftence to the Place of

Rendezvous.

Petition of William Jenkins, fetting forth that he has been

employed

in the

Pubhck as an Exprefs from the Begininng of the War to this Time, and has difcharged his Duty therein with his utmoft Care and Fidehty that in the Courfe of that Time he has loft a great Number of Horfes of confiderable Value, and although he was by Agreement (when he firft engaged in that Service) to fumifh his own Horfes, yet he hopes the Hotife will make him fome Allowance for his Loffes, efpecially as he was often fent to Places far remote from Winchefter, which was to be his furtheft Stage out; and praying alfo fome Provifion for his future Support and Maintenance, being now old and infirm, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to M'' Richard Henry Lee and M'' Attorney; that they examine into the Allegations thereof, and report the fame, with their Opinion
Service of the
;

thereon, to the Houfe.

On

a Motion made,
Bill

The
faid Bill

To amend an

Adl, entitled.

An

Ad^^ for further continuing the Regiment in


;

the Service of this Colony,

was read a fecond Time and the Queftion being put, that the

be engroffed and read a third Time,

It paffed in the Negative.

Refolved,

That the

faid Bill be rejected.

Petition of fundry Inhabitants of the

pafs for eftablifhing a


in the faid

Town on

the

Land

County, was prefented to

County of Effex, praying that an Adt may Thomas Ley, near Layton's Warehoufe, the Houfe and read.
of one

Ordered,
of Affembly.

That the

faid Petition be referred to the Confideration of the next Seffion

On a Motion made,
That an humble Addrefs be prefented to his Honour the Govemour, to return him the Thanks of this Hotife for his affedlionate Speech at the Opening of this Seffion to exprefs the grateful Senfe we have of his conf tant Attention to the Welfare of this Colony, and in particular for the adlive Care he has taken towards having the Regiment difbanded when he fhould receive authentick Intelligence of a Peace being concluded with the Cherokee Indians, agreeable to the Intention of the Adl of Affembly but at the fame Time humbly to give it as our Opinion that the Regiment fhould not be difbanded, until he fhall receive a Notification of fuch Peace from the Govemour of South Carolina, which we do not doubt but he will endeavour to procure by the moft fpeedy and effedtual Method. Ordered, That an Addrefs be drawn up purfuant to the faid Refolution and it is referred to M"" Bland, M"" Richard Henry Lee and M"' Pendleton, to prepare and bring in
Refolved,
;

the fame.

On

a Motion made,
Hotife proceeded to the Confideration of the Memorial of the Officers of the

The

7*'' Day of March, 1760, and has been referred over by the feveral Seffions of Affembly fmce that Time to the Confideration of this Seffion and the fame being read, Refolved, That the faid Memoral be referred to the Confideration of a Committee of the whole Hotife. Refolved, That this Houfe will refolve itfelf into a Committee on the faid Memorial

Virginia Regiment, which was prefented to the Hotife the

on Monday next. On a Motion made. Ordered, That all fuch Claims and Propofitions as were referred from the laft of Affembly, and alfo all fuch Claims and Propofitions as fhall be certified to this
of Affembly, be referred to the Confideration of the next Seffion of

Seffion

Seffion

further, that all

Affembly; and Depofitions of Witneffes taken or to be taken, in Purfuance of feveral Orders

'

Hening, VII,

p. 463.

[37]
concerning any controverted Eledlion, and which were returnable to this Seffion, be returned to the next Seffion of Affembly. On a Motion made, Ordered, That M'' David Wilfon Curie be added to the Commiffioners appointed

Orders of the Hotife at the

laft Seffion,

on the Petition of M'' James Wallace, complaining of an imdue Eledion and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for the County of Elizabeth-City. On a Motion made. Ordered, That a Bill or Bills be brought in, to revive the feveral A<5ls of Affembly of this Colony, For preventing Mutiny and Defertion; and it is referred to M*^ Cory and M'' Pendleton to prepare and bring in the fame. The Houfe proceeded to the Confideration of M"' Abercrombie's Accotint againft this Colony, which was laid before the Houfe by the Govemour's Command on Thurfday laft and the feveral Articles thereof being read, it was thereon Refolved, That it be an Inftrudlion to the Committee appointed to correfpond with the Agent for this Colony in Great Britain, to defire him to fettle the faid Account with M"' Abercrombie, and to allow him only One and a Half per Cent, for his Commiffions on the Receival and Difburfement of the Money he received at the Exchequer for the Ufe of this Colony, and to difallow the Article mentioned in the faid Account, as fo much retained by him for Expenfes of having his two Accounts paffed at the different Offices, and for obtaining a Quietus. And then the Houfe adjourned until Monday Morning, Eleven "'Clock.
to take Depofitions of Witneffes
;

!fllott6ar. t^e

ISt^ of 3attuarY, 2 <Beo. Ill 1762.

Claim of Daniel Coleman, for taking up a Rtinaway therein mentioned, was prefented to the Houfe and received, and referred to the Confideration of the next Seffion of Affembly. M'' Bland reported that the Committee appointed had, according to Order, prepared an Addrefs to the Govemour, purfuant to the Refolution of the Houfe on Saturday laft which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and with an Amendment agreed to, and is as follows
;

Sir.

We

his Majefty's dutiful

General Affembly, return your

and loyal Subjeds, the Burgeffes of Virginia, now met in Honour our Thanks for your affedionate Speech at the
of

Opening of this Seffion. The Experience we have had

your conftant and vigilant Attention to the Welfare of this Colony, fo eminently diftinguifhing your Adminiftration, demands from us the moft fincere Returns of Duty and Gratitude; and the Meafures you have taken towards difbanding the Regiment, agreeably to the laft Ad of Affembly, by which the Colony will be relieved from the great Expenfe of fupporting a military Force, are only frefh Inftances that the Happinefs and true Intereft of the People are the governing Motives of your Condud. At the fame Time that we make thefe Acknowledgments, permit us. Sir, humbly to lay before you our Opinion that although the Neceffity of keeping up the Regiment will not
fubfift longer

yet

it

than the Ratification of the Peace with the Cherokee Indians is certainly known, ought not to be difbanded until you fhall receive a Notification that fuch Peace is fully

confirmed; which,
effedual Methods.

we doubt

not,

you

will endeavour to procure

by the moft fpeedy and

prefented

That the faid Addrefs with the Amendment be fairly tranfcribed, and by the Committee who prepared the fame. M"" Richard Henry Lee reported that the Committee to whom the Petition of William Jenkins was referred had, according to Order, examined into the Allegations thereof, and
Ordered,

;;

[38]
and agreed on a Report and come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by
the Houfe, as follow It appears to your Committee that the faid William Jenkins has been engaged in the Service of the Publick, as an Exprefs, from the Beginning of the War to this Time

and has, during that Time, been often charged with large Sums of the publick Money, which he had faithfully delivered, and in every Inftance difcharged his Duty with Care and Fidelity. It aKo appears to your Committee, by the Oath of the faid William Jenkins, that in the Courfe of his faid Service he has loft 1 1 Horfes and Mares, valued in the Whole
to

77. 145.
Refolved,

That the faid William Jenkins ought to be allowed fome Compenfation for his faid Loffes, and for his Fidelity in the Execution of his Office. On a Motion made, Refolved, That the Sum of 100 be paid by the Publick to the faid William Jenkins, as a Compenfation for his Loffes and Services in the faid Report mentioned. Ordered, That the faid Refolve be engroffed, and that M'' Richard Henry Lee carry it up to the Coimcil for their Concurrence. M'' Cary, from the Committee appointed, prefented to the Hotife, according to Order, a Bill For reviving and further continuing the feveral A(5ls of Affembly of this Colony for preventing Mutiny and Defertion, and for other Purpofes therein mentioned and the fame was read the firft Time, and ordered to be read a fecond Time.

The Order of the Day being read. The Houfe refolved itfelf into a Committee,

to confider of the Memorial of the

Officers of the Virginia Regiment; and after fome Time fpent therein, M'' Speaker refumed the Chair and M'' Attorney reported that the Committee had had the faid Memorial under their Confideration, but not having Time to go through the fame they had diredled him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Memorial Tomorrow. And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.

"Duesda^. t^e I9t^ of 3anuar^. 2 <Beo.

III.

1762.

For reviving and further continuing the feveral Adls of Affembly of this Colony for preventing Mutiny and Defertion, and for other Purpofes thereinmentioned, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Claim of Zachariah Taylor, for taking up a Rtmaway therein mentioned, was prefented to the Hoiife and received, and referred to the Confideration of the next
Bill

Seffion of Affembly.

Petition of Jofeph Royle, praying that his Salary as Printer to this

Houfe which

will expire at the

End

of this Seflion of Affembly,

may

be continued, was prefented to

the Houfe and read, and thereon Refolved, That the Sum oi
Printer, to continue to the

t,$o

per

Annum

be allowed to the faid Jofeph Royle,

End

of the next Seffion of Affembly, as a full Confideration

Houfe of Burgeffes, printing the Laws of each Seffion County Court Clerk, one of which to be half boimd every them to thirteen of fending and Notes and Books, Proclamations, and other Infpedlors for the XJfe of the Court, printing
for printing the Journals of the

publick Advertifements. Ordered, That the faid Refolve be engroffed, and that to the Council for their Concurrence.

M''

Attorney do carry

it

up

of

The Order of the Day being read, The Houfe again refolved itfelf into a Committee on the Memorial of the Officers the Virginia Regiment and after fome Time fpent therein, M'' Speaker refumed the
;

Chair

[39]
and M^ Attorney reported that the Committee had had the faid Memorial under their further Confideration, and had come to two Refolutions thereon, which he read in his Place, and then delivered in at the Table, where the fame were again twice read, and agreed to by the Houfe, as follow Refolved, That fome Recompenfe fhould be made to the Officers of the Virginia Regiment for their Bravery, and the Hardfhips they have undergone in the Sendee
Chair,
of the Publick.

Refolved,

That on difbanding the


That a
Bill or Bills

faid

Regiment each commiffioned


in

Officer fhall

receive a

Sum equal to one Year's Pay.


be brought

Ordered,
is

referred to M'' Attorney,

M' Pendleton,

M''

purfuant to the faid Refolutions, and it Richard Henry Lee, Wormeley and M''

Bland, to prepare and bring in the fame.

be an Inftrudtion to the faid Committee to receive a Claufe or much Money now remaining in the Hands of the Treafurer, or that may hereafter come into the Treafury, arifing from Bills of Exchange drawn or to be drawn in Purfuance of the Adl for appointing Perfons to receive the Money granted or to be granted by the Parliament of Great Britain to his Majefty for the Ufe of this Colony, as will be fufficient to anfwer the Purpofes mentioned in the faid Refolutions. An engroffed. Bill entitled, An Ad' for reviving and further continuing the feveral Ads of Affembly of this Colony for preventing Mutiny and Defertion, was read a third Time. Refolved, That the Bill do pafs. Ordered, That M'' Gary do carry up the faid Bill to the Council for their Concurrence. M"' Bland reported that the Committee appointed had, according to Order, waited on the Govemour with the Addrefs of this Houfe, to which his Honour was pleafed to fay he would return an Anfwer Tomorrow. M' Attorney, from the Committee appointed, prefented to the Hovife, according to Order, a Bill For giving a Recompenfe to the Officers of the Virginia Regiment and the fame was read the firft Time, and ordered to be read a fecond Time. On a Motion made, Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, and it is referred to M'' Pendleton to prepare
Ordered,

That

it

Claufes for appropriating fo

and bring

in the fame.

On a Motion made,
Bill For giving a Recompenfe" to the Officers of the Virginia Regiment was read a fecond Time, and committed to M'' Wythe and M'' Richard Henry Lee.

The

that in the Year 1759, he being then a Soldier of the Virginia Regiment, was taken Prifoner by a Party of Indians, amongft
Petition of
Baillie, fetting forth

Thomas

whom

he remained a Captive near two Years, and at Length made his Efcape; and praying to be allowed his Pay, as well before as after his being taken, and fome Recompenfe for the Hardfhips he endtu-ed during his Captivity, was prefented to the Houfe

and

read.

Ordered,

And then

That the faid Petition lie on the Table. the Houfe adjourned until Tomorrow Morning, Eleven

"'Clock.

>^<ibmsba^. t^e 20tb of IFanuari?. 2 (Beo.

III.

1762.
him
to lay

MR
"

Attorney informed the Houfe that the


before

Govemour had

defired

them an Account

of Lieutenant William Woodford's, for conducting a

Party of Cherokee Indians to this City, amounting to ;2 5. i. 6, and he where, being read, it was Refolved, That the Treafurer of this Colony be directed to pay the fame to the faid William Woodford. On a Motion made,
delivered the fame in at the Table
;

Refolved
Hening, VII,
p. 491.

[4o]
That a Sum, not exceeding 200, be paid by the Treafurer of this Colony Hands of his Honour the Govemour, to be laid out in Prefents for the Cherokee Indians, if his Honour fhall think proper to make them any. M"' Wythe reported that the Committee to whom the Bill For giving a Recompenfe to the Officers of the Virginia Regiment, was committed, had made an Amendment
Refolved,

into the

thereto,

in at the Table,

which he read in his Place, and then delivered the Bill with the Amendment where the Amendment was again twice read, and agreed to. Ordered, That the Bill with the Amendment be engroffed, and read a third Time. A Meffage from the Council by M'' Walthoe,
That they have agreed
to the Bill, entitled,

the feveral Adls of Affembly of this Colony for preventing


for

and further continuing Mutiny and Defertion, and other Purpofes therein mentioned, with an Amendment, to which they defire the
A(5t' for reviving
this

An

Concurrence of

Houfe.

The Houfe immediately proceeded to the Confideration of the faid Amendment, and the fame being read was difagreed to. Ordered, That M"' Cary go up with a Meffage to the Cotmcil, and acquaint them that this Houfe cannot agree to the Amendment by them propofed to the faid Bill, and defire they will pafs the Bill without the faid Amendment. On a Motion made, Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affembly, refpedlively

To John Randolph, Efq Clerk of the Houfe of Burgeffes, To Nathaniel Walthoe, Efq Clerk of the General Affembly, To the Reverend M'' Yates, Chaplain, To M"' Francis Eppes, Sergeant at Arms, To M'' George Davenport, for his Services this Seffion, To the Doorkeeper of the Council, To James Lavie,. ] f To Thomas Francis, Doorkeepers to the Houfe. J To Nathaniel Hix,.. f To John Broadrib,.. J L To Mrs. Gait, for cleaning the Houfe of Btu-geffes
;

50
25
15

20
10
5

5 S
^

<!

S
S

Ordered,

That the

said Refolve be engroffgd,


for their Concurrence.

and that

M''

Richard Henry Lee do

carry

it

up to the Council

A Meffage from the Govemour was delivered by M"'


That his Honour had commanded him
to their

Walthoe.

to deliver to the

Houfe

his

Anfwer in Writing

Addrefs.
12

And the fame was read, and is as follows


M''

Speaker, and Gentlemen of the Houfe of Burgeffes,

I return you my hearty Thanks for your kind Addrefs, and you may rely cm my taking moft fpeedy Methods of procuring authentick Intelligence of the Ratification of the Peace fuppofed to be made with the Cherokee Indians; and as I am extremely defirous of anfwering the Expedations of your Houfe, in every Inftance which does not interfere with my Duty to his Majefty, it would have been very agreeable to me if you had explained yourfelves more
the

fully as to

what Information you fhould think fatiffadory and

full to the

Point on which

I might difband the Regiment.

M' Pendleton, prefented to the Houfe, according to Order, a Bill For paying the Btirgeffes Wages in Money for this prefent Seffion of Affembly and the fame was read the firft Time, and ordered to be read a fecond Time and On a Motion made, The faid Bill was accordingly read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time.
; ;

An

Hening, VII,

p.

491

[41]
An
engroffed
Bill, entitled,

An Ad'

for giving

a Recompenfe

to the Officers of the

Virginia Regiment,
Refolved,

was read a

third Time.
faid Bill to the Councirfor their

Ordered,

That the faid Bill do pafs. That M"^ Attorney do carry up the

Con-

currence.

An

engroffed Bill, entitled,

this prefent Seffion of

paying the Burgeffes Wages in Money for Affembly, was read the third Time, and the Blanks therein filled up.
for

^m Ad'

Refolved,

Ordered,
currence.

That the Bill do pafs. That M"" Pendleton do carry up the


M''

faid Bill to the Council for their

Con-

Meffage from the Covmcil by

Walthoe.

That they have agreed to the Bill, entitled. An Adt^ for giving a Recompenfe to the Regiment. Alfo to the Bill, entitled, An Adl* for paying the Burgeffes Wages in Money for this prefent Seffion of Affembly. Alfo to the Refolve of this Houfe for paying the Officers Salaries for this prefent Seffion
Officers of the Virginia
of Affembly.

Alfo to the Refolve for paying William Jenkins the Sum of loo, for the Services therein mentioned. Alfo to the Refolve for continuing the Printer's Salary. And that they infift on the Amendment by them propofed, and difagreed to by this Houfe, to the Bill, entitled. An Adls for reviving and further continuing the feveral Adts
of

Affembly of

this

Colony for preventing Mutiny and Defertion, and for other Purpofes

therein mentioned.

The Houfe proceeded


the Cotincil to the

to take into Confideration the

Amendment

infifted

on by

Bill, entitled.

An

At^ for reviving and further continuing the feveral

13

Colony for preventing Mutiny and Defertion, and for other purpofes and the fame was read, and again difagreed to. Refolved, That this Hotife do infift on their Dif agreement to the faid Amendment. Ordered, That M"' Cary do go up with a Meffage to the Coimcil and acquaint them therewith, and that this Houfe defire they will pafs the Bill without the faid Amendment. Ordered, That the Petition of Thomas Baillie, Yefterday prefented to the Houfe, and ordered to lie on the Table, be referred to M"' Mercer and M"" Richard Henry Lee; that they examine into the Allegations thereof, and report the fame, with their Opinions

Ads

of

Affembly

of this

therein-mentioned;

thereon, to the Houfe.

A Meffage from the Council by M^


That they adhere
to their

Walthoe,
difagreed
to

Amendment

by this Houfe

to the Bill, entitled.

Adl7 for reviving and further continuing the feveral Adls of Affembly of this Colony for preventing Mutiny and Defertion, and for other Purpofes therein mentioned.

An

On

a Motion made.

That Leave be given to bring in a Bill For preventing Mutiny and Defertion, and other P\u-pofes, and it is referred to M'' Attorney to prepare and bring in the fame. M'' Attorney accordingly prefented the faid Bill; and the fame was read the firft time, and ordered to be read a fecond Time immediately. The faid Bill was accordingly read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. And the faid Bill was immediately engroffed, and read a third Time. Refolved, That the Bill do pafs. Ordered, That M' Attorney do carry up the faid Bill to the Council for their ConOrdered,
currence.

And then
Hening, VII,

the

Houfe adjourned

until

Tomorrow Morning, Eleven

"'Clock.

^I)ur56ay
p. 492.
3

Ibid.,

VII, p. 493.

Ibid., Ibid.,

VII, p. 492. VII, p. 493.

'

Ibid., VII, p. 491. Ibid., VII, p. s^-

'

Ibid.,

VII, p. 491.

[42]
^l)urs6aY.
tb<^

2Ut

of ^anuar^.
M"'

(Beo*

III.

1762.

A
follows

Meffage from the Council by


That they have agreed
Defertion,

Walthoe,

to the Bill, entitled,

An Adl

for preventing

Mutiny and

and other Purpofes.

That a Committee be appointed to examine the enrolled Bills of the followCarrington and M'' Fleming. M'' William Digges, M"" Mercer reported that the Committee to whom the Petition of Thomas Baillie was referred had examined into the Allegations thereof, and found them to be true, and had come to a Refolution thereon, which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the Houfe, as
Ordered,

ing Gentlemen

ought to be allowed the Arrears of Pay due to him to the Time of his being taken and carried into Captivity by the Indians, to be paid by the Paymafter of the Virginia Regiment, and that he ought aKo to be allowed the Sum of 35, as a full Compenfation for the Hardfhips he endured during his Confinement amongft the Indians, and the Refidue of his Pay. M"" William Digges reported that the Committee appointed had, according to Order, examined the enrolled Bills and rectified fuch Miftakes as were found therein, and that they were tnily enrolled. Ordered, That M'' Digges do carry up the enrolled Bills to the Council for their
Refolved,

That the

faid

Thomas

Baillie

Infpedtion.

A Meffage from the Council by M'' Walthoe,


That they have infpeded
the enrolled Bills,

and are

fatiffied they are truly enrolled.

A Meffage from the Govemour was delivered by M'


M''

Walthoe,

Speaker and Gentlemen of

the

Houfe

of Burgeffes,

The Governour commands the immediate Attendance of your Houfe in the Council Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.

'W Speaker with the Houfe went up accordingly, and the Govemour was pleafed
to give his Affent to the following Bills 1. An Ad^ for preventing Mutiny and Defertion, and other Purpofes.

^For giving a Recompenfe to the Officers of the Virginia Regiment. 3. '^For paying the Burgeffes Wages in Money for this prefent Seffion Alfo to the following Refolves For paying the Salaries of the Officers of the General Affembly.
2.

of

Affembly.

For continuing

the Printer's Salary.

And for paying William Jenkins the Sum of 100, for the Services therein mentioned. And then his Honour was pleafed to prorogue the Affembly to the 2d Tuefday in April
next.
'

Hening, VII,

p. 502.

'

Ibid.,

VII,

p. 502.

Ibid.,

VII, p. 492-

* ^bid.,

VII, p. 493.

JOURNAL
of the

House of Burgesses
1762
March
Seflion

Burgeffes.
Accomac
Albemarle

Thomas Parramore
Southey Simpfon

Hanover
Henrico
lae of Wight

John Syme
Nathaniel Weft Dandridge

"Thomas Walker
*John Fry

Mayo Bowler Cocke


Philip

Amelia

David Greenhill

James

Bridger

Amherft
Augufta
Bedford

Thomas Tabb William Cabell Cornelius Thomas


Ifrael Chriftian

Jofeph Bridger

James City
Jameftown

Lewis Burwell
Philip Johnfon

Edward Champion Travis

John Wilfon
William Callaway John Talbot
Ifaac

King

& Queen

John John

Pendleton

Robinfon

King George
King William
Lancafter

Charles Carter
Charles Carter, Jr.

Brunfwick

Rowe Walton

WilHam Thornton
Buckingham
Caroline

Bernard Moore
Carter Braxton

Robert Boiling
*Jofeph Cabell

*Edm\md Pendleton
John Baylor

Charles Carter Richard Mitchell


Francis Lightfoot Lee

Loudoun
Louifa

Charles City

Benjamin Harrifon
William Kennon

James Hamilton

Chefterfield

Archibald Cary Richard Eppes

WilUam Johnfon Thomas Johnfon


Clement Reade

Lunenburg
Middlefex

The

College

Mann Page
James Barbour John Field

Henry Blagrave
John Smith Ralph Wormeley

Culpeper

Cumberland
Dinwiddie
Elizabeth City

George Carrington
*John Fleming

Nanfemond

Lemuel Riddick
Willis Riddick
Gill Armiftead Richard Adams

Robert Boiling

New Kent
Jr.

Effex

Leonard Claiborne, George Wythe William Wager John Upfhaw


John Lee

Norfolk

William Bradley Thomas Veal


John Harmanfon Thomas Dalby
Spencer Ball

Norfolk Borough Jofeph Hutchings

Northampton

Fairfax

George Johnfton
John Weft

Northumberland Richard Hull


Orange
Prince

Fauqtiier

Thomas Marfhall Thomas Harrifon


George Wafhington George Mercer

Frederick

James Taylor James Walker

Edward

Gloucefter

John Page Thomas Whiting John Payne Jofias Payne


Nathaniel Terry

Peter Legrand Abner Nafh

Prince George

Goochland
Halifax

Richard Bland Richard Bland, Jr.

Prince William

Henry Lee John Baylis


Anthony Walke Edward Hack Mofeley

Robert

Wade

Princefs

Anne

Hampfhire

James Keith

Thomas Rutherford Not fhown


by the Journal
to

have been prefent during the Affembly.

[46]
Richmond
Southampton
Spotfylvania

*Landon Carter John Woodbridge *Jofeph Gray Benjamin Symmons


Fielding Lewis

Siiffex

David Mafon John Edmunds

Warwick
Weftmoreland
Williamfburg

William Digges WiUiam Harwood Richard Henry Lee


Richard Lee

Benjamin Grymes
Stafford

William Fitzhugh Thomas L. Lee


*Hartwell Cocke

*Peyton Randolph

York

Dudley Digges

Stirry

Thomas
during the Afembly.

Nelson, Jr.

Henry Browne

Not fhown by the Journal to have been prefent

JOURNAL
of the

House OUSE
Bus6ar, tb

of B OF OURGESSES
2
M"'

301;^ of 5llarcb.

<Bco.
Walthoe.

III.

1762.

A
is

Meffage from the Govemour was delivered by


M''

Speaker, and Gentlemen of the Houfe of Burgeffes,


the

The Governor commands Council Chamber.


Accordingly
M''

immediate Attendance of your Houfe in the

Speaker, with the Houfe, went

up

to attend the

Govemour.

And being returned, reported that the Hoiife had attended the Govemour in the Cotmcil Chamber, and that he was pleafed to make a Speech to the Covmcil and this Hotife, of which he had, to prevent Miftakes, obtained a Copy; which he read to the Houfe, and afterwards delivered it in at the Table, where it was again twice read, and
as follows

Gentlemen

of the Council, M"' Speaker,

and Gentlemen

of the

Houfe

of Burgeffes,

The great Regard I pay to every Act of General-Affemhly, and the earneft Defire I had of eafing this Colony from the Expenfes neceffarily attending a State of War (as foon

made me take the fir ft Opportunity of difbanding This Opportunity was afforded me by a Letter I received from hts Excellency Thomas Boone, Efq; lately appointed by his Majefty to the Government of South Carolina, to advife me of his having taken the Adminiftration of the Affairs of that Province
as I thought
it

could be done with fecurity)

the Regiment.

into his

Hands, and

of his

he arrived in the Colony.

having found the Peace with the Cherokee Indians ratified when Without waiting for the return of my Meffenger, fent into Caro-

lina for this very Purpofe, I immediately fent

up Orders and Money

to

pay

the

Men,

accord-

ing

paffed for the Provifion of them; though I muft at the fame time confefs, that I moft ardently wifhed to have been able to have kept the Regiment on Foot, until his Majefty' s Pleafure was made known to me, as to what Affiftance he fhould require
to the

Senfe

of the laft

Ad

from his Colonies


Requifition is

to

profecute the

now come; and


making

with Vigour for the enfuing Campaign. This I fhall immediately lay before you for your Deliberation the
of

War

Egremont, one of his Majefty's principal Secreand from Major-General Sir Jeflfery Amherft, This is the Bufinefs on which I have called you together; and I moft earneftly enforcing it. hope that you will not fuffer my Attention to the Intereft of this Colony, and my Eagernefs to take that Burthen from off your Shoulders, of the Weight of which you have fo long complained, to become a Caufe of impeding or obftriiding his Majefty's Service at this Crifis. I too well know that the Expenfes of War are grievous, and burthenfome; but fuch is the prefent Condition of Mankind, that this unhappy State muft on fame Occafions be entered into, to procure future Safety and Security, by an honourable and lafting Peace. All this I fhall refer to your Confideration; with only adding, that I have the ftrongeft Reafons to
Letters I have received
taries of State,

from the Earl

this Requifition;

affure you. Gentlemen, that his Majefty's Service requires I fhould be particularly urgent

with you on the prefent Occafion.

Over

[48]
Troops required from you to be kept in the Pay of the Colony, his demand a certain Quota of Men to be raifed by this Colony, to be incorporated into the Regiments on the Britifh Eftablifhment now in America, in Order to The number demanded from you, the Terms on which recruit and fully complete the fame. they are to be enlifted, and the Encouragement they will receive, are fully explained to you in a Letter from his Majefty's Commander in Chief, which will now be laid before you.
Over and above Majefty has direded
the

me

to

His Majefty has

this

on a refpedable Footing,

Meafure fo much at Heart, as abfolutely neceffary to put his Forces and enable them to ad on the Offenfive, and has recommended it

by his Secretary of State in fo forcible Terms, that, convinced as I am of your fteady Zeal, Loyalty and Attachment, to his royal Perfon and Government, it would be the higheft Prefumption in me to attempt to add weight thereto, by any Arguments of my own: And I cannot doubt but that you will exert yourfelves to the utmoft,
faithful

and

fo

approve yourfelves thofe

and

loyal

An

artful

Man

Subjeds the be ft of might perhaps have witholden

Monarchs expeds

to find

you.

this laft Requifition until

you have com-

Kind have never made any Part in now applying; I know that Sincerity, Openknow to whom I am Government: I Plan my of you would deny to Cunning and Connefs and Candour, will obtain that from you which trivance; fuch is the Condud which I have always obferved to you, and which I have always found returned to me in the moft ample, grateful and fatiffadory Manner.
plied with, or refufed, the former; but Artifices of this

M' Speaker, and Gentlemen of the Houfe of Burgeffes, I can never recommend to you the granting Supplies without refieding on the large Sums this Colony has already granted, and feeling for the People whenever I have Occafion to make any Demands on them, however neceffary they may be; but I hope the Example of our Mother-Country, annually raifing many Millions to fupport a War at fir ft entered into, and now profecuted, for the Defence and future Security of her Colonies, will influence you to
tread in her Steps as far as your Ability will give

you Leave.

Let us for a

Moment

refled

what would have been


have this Satiffadion

the State of this


left

Colony
fure,

if

she had pleaded Poverty

and Inability.

from paft Experience, you will provide for what and expedient on the eafieft Terms. you judge fhall neceffary Expenfes
that I

me

am

Gentlemen

of the

Council and of the Houfe of Burgeffes,

In order to proted the Trade of this Colony, I have the Pleafure to inform you that William Manwaring, Efq; Commander of his Majefty's Ship Arundel, is ftationed on this Coaft, to defend it from the Infults and Attacks of any Enemy whatfoever. Nothing now remains for me to fay but to recommend to you Adivity, Unanimity and Defpatch, which I do with great Fervency and Sincerity; for, whether we confider the advancing Seafon of the Year, the doubtful Situation Sir Jeffery Amherft muft be in, from which
he would be glad
eral Court, all
to

be relieved, or whether

we

confider the approaching Bufinefs of the Gento

Reafons concur, both publick and private, general and particular,

render

Expedition neceffary. The Declaration of

War

againft Spain, which has been brought into this Colony by the

one of his Majefty's Sloops of War, and was fent to me Yefterday in the Evening, will explain to you my Motives for preffing you to comply with all that his Majefty requires from you, on which Subjed I could not fpeak plain until fome fuch document

Commander

of

authorized

me

fo to do.

Honour, to return him the Opening of this Seffion to acknowledge that we are particularly obliged to him for the Sincerity, Opennefs and Candour, with which on this, as on every other Occafion, he has treated us to reprefent to him that we are truly fenfible that it is our Duty to exert ourfelves at this critical Conjundlure, and that we will give all the Def patch to the feveral Matters recommended to us that the Importance of them will admit of.
Refolved,

That an humble Addrefs be prefented

to his

Thanks

of this Hotife for his affedlionate Speech at the

Ordered

[49]
Ordered, That a Committee be appointed to draw up an Addrefs to the Govemour^ purfuant to the faid Refolution and it is referred to M'' Attorney and M' Bland to prepare and bring in the fame. M'' Speaker informed the Houfe that the Govemour had delivered to him feveral Letters from the Earl of Egremont, one of his Majefty's principal Secretaries of State, Major General Sir Jeffery Amherft, Thomas Boone, Efq Govemour of South Carolina
; ;

and one from Colonel Bouquett, and defired him to lay them before the Hotife. And the faid Letters were read, and ordered to lie on the Table. Refolved, That this Houfe will take the Governour's Speech into Confideration Tomorrow. Ordered, That the Reverend M"" William Yates be continued Chaplain to this Houfe, and that he attend to read Prayers every Morning at Ten o'Clock. Ordered, That James Lavie, Thomas Francis, Nathaniel Hicks and John Broadrib, be continued in their refpedlive Offices of Doorkeepers to this Hoxxfe, and that they give their Attendance accordingly. On a Motion made, It was ordered that all fuch Claims and Propofitions as were referred from the laft to this Seffion of Affembly, and aKo all fuch Claims and Propofitions as fhall be certified to this Seffion of Affembly, be referred to the Confideration of the next Seffion of
Affembly.

And

then the

Houfe adjourned

until

Tomorrow Morning Eleven

"'Clock.

We6tte$6ar, t^e 3Ut of ^avc\). 2 (Beo. Ill 1762.

M
Sir,

Attorney reported that the Committee appointed had, according to Order, prepared an Addrefs to the Govemour which he read in his Place, and afterwards delivered in at the Table, where the fame was again twice read, and
;

agreed to by the Houfe, and

is

as follows

We
the

his Majefty's moft dutiful

and

loyal Suhjeds, the Burgeffes of Virginia, return


the

your Honour our fincere Thayiks for your kind Speech at

Opening

of this Seffion:

fame Time we are more particularly obliged

to

you

for the Sincerity,

At Opennefs and Can-

dour, with which, on every Occafion, you have treated us;


affured, will

and fuch a Conduit, you may he

always meet with a due Return of Gratitude and Affection. The quiet Enjoyment of our Liberties, which we had a fair Profped of having fecured to us, by an honourable and lafting Peace, is again obfcured by the Perfidy, Folly and ChiWe are truly fenfible that this Event makes it cane, of the Crowns of France and Spain.
our felves in Support of the common Caufe, left a War begun for the Prefervation of his Majefty's Colonies may prove fatal to them: You may therefore. Sir, depend that you fhall find our Condud, on this important Crifis, fuch as you might exped from
neceffary
to exert

Subjeds the moft


Majefty.

loyal,

and moft warmly attached

to

the

Perfon and Government

of his

We"^ fhall immediately take the feveral Matters


tion,

and proceed with


Ordered,

all the

Defpatch the

recommended to us under our ConfideraImportance of them will admit of.

That the

faid Addrefs be fairly tranfcribed,

and prefented by the whole

Houfe.
Ordered,

That the Committee who prepared the fame wait on the Govemour, to

know
line

his Pleafure

when they

fhall attend his

Honour

to prefent

it.

A Petition of fimdry

Inhabitants of the Parifh of Dryfdale, in the Covmties of Caro-

and King and Queen, fetting forth that their prefent Glebe is fituated below their lower Church, and at leaft 30 Miles from the upper End of the Parifh, which makes it
very

[5o]
very inconvenient, and in bad Weather impoffible for the Minifter to attend the upper Church and other parochial Duties and praying that an Adl may pafs to empower the Veftry of the faid Parifh to fell the faid Glebe Land, and purchafe one more convenient in Lieu thereof, was prefented to the Houfe and read. Ordered, That Leave be given to bring in a Bill purfuant to the Prayer of the faid Petition, and it is referred to M' Pendleton to prepare and bring in the fame. On a Motion made. Ordered, That it be an Inf trudlion to the Committee to whom it is referred to bring in a Bill purfuant to the Prayer of the above Petition that they receive a Claufe or Claufes to empower the Veftry of the Parifh of St. Stephen, in the Coxmty of King and Queen, to fell their prefent Glebe, and to purchafe one more convenient. A Petition of fimdry Inhabitants of the Cotmty of Prince William, praying that the Court Day of the Covmty may be altered to the firft Monday in every Month, was
;

prefented to the Houfe and read. Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-

and it is referred to M' Henry Lee The Order of the Day being read, the Govemot^s Speech.
tion,

to prepare
for the

and bring in the fame. Houfe to take into their Confideration

That the Houfe will refolve itfelf into a Committee on the faid Speech. Ordered, That the feveral Letters laid before the Houfe by Defire of his Honour the
Refolved,

Govemour Yefterday, be referred to the Confideration of the faid Committee. And then the Hotife refolved itfelf into a Committee on the faid Speech and letters after fome Time fpent therein, M' Speaker refumed the Chair, and M'' Charles Carter and
to feveral Refolutions thereon, which they

reported that the Committee had had the fame under their Confideration, and had come had diredled him to report to the Houfe
in his Place,

and then delivered them in at the Table, where they and agreed to by the Houfe, with fome Amendments, as follow: Refolved, That looo Men be raifed, and kept in the Pay of this Colony. Refolved, That 268 Men be recruited, at the expenfe of this Colony, to be joined to his Majefty's Forces tmder the Command of Major General Sir Jeffery Amherft. Refolved, That a Sum, not exceeding ;^3o,ooo, be raifed for defraying the Expenfe of buying, paying and clothing, the 1000 Men, and the recruiting the 268 Men. On a Motion made. The Houfe refolved itfelf into a Committee to confider of Ways and Means for railing the Sum of ;3o,ooo agreeable to the above Refolution; and after fome Time fpent therein, M"' Speaker refumed the Chair, and M' Charles Carter reported that the Committee had come to a Refolution thereon, which they had diredled him to report to the Houfe and he read the fame in his Place, and then delivered it in at the Table, where it was again twice read, and agreed to by the Houfe, as follows: Refolved, That the Sum of 30,000 be raifed by a Tax of one Shilling on every and he read the fame
were again twice read,
;

tithable Perfon in this Colony, to be paid in the Years 1764, 1765, 1766, 1767, 1768,

and

1769.

That a Bill or Bills be brought in, purfuant to the aforefaid Refolutions; M' Charles Carter, M.^ Attorney, M' Bland, M' Pendleton and^M' Lemuel and it is Riddick, to prepare and bring in the fame. A Petition of the Churchwardens, and fundry Inhabitants, of the Parifh of A mherft, in the Coimty of Amherft, fetting forth that by an Adl made in the firft Year of his Prefent Majefty's Reign, entitled. An Ad for dividing the counties of Albemarle and Louifa, and Parifh of St. Aime, and for other purpofes therein mentioned, the Churchwardens of the faid Parifh of St. Anne were empowered to fell and convey the Glebe-Land of the faid Parifh, with the Improvements thereon, for a valuable Confideration, and the Money arifing thereby to be difpofed of in fuch Manner, and to fuch Ufes, as by the faid Adt is diredted That the faid Churchwardens of the faid Parifh of St. Anne have pretended to
Ordered,
referred to
:

fell

C
fell

51 ]

but not giving due notice of fuch Sale, few Perfons attended thereat, and the Churchwardens by that Means became the Purchafers for the Ufe of the faid Pariih for23i-ios. current Money, which is not more than Half the Value of the faid Lands, whereby the Proportion to be received by the faid Parifh of Amherft is greatly leffened; and praying that an Adl may pafs to fat afide the faid pretended Sale, was prefented to the Houfe, and read.
the Glebe
;

Ordered,
tion,

That a

Bill or Bills

and

it is

referred to M'' Cabbel,

be brought in purfuant to the Prayer of the faid PetiM' Walker and M"' Carrington, to prepare and bring
until

in the fame.

And

then the

Houfe adjourned

Tomorrow Morning Eleven

''Clock.

I3burs6a^

t^e \sXo\lkipxil
the

<Beo.

III.

1762.
to

MR

Pendleton, from

Committee appointed,

prefented

the

Houfe
of Dryf-

according to Order, a Bill


dale, in

the Counties of

To empower the Veftries of the Parifhes Caroline and King and Queen, and of St.
;

Stephen,

County of King and Queen, to fell their prefent Glebe, and to lay out the Money in purchafmg more convenient Glebes and the fame was read the firft Time, and ordered to be read a fecond Time. On a Motion made, Ordered, That it be an Inftrudlion to the Committee to whom it was referred to bring in a Bill For granting an Aid to his Majefty, and for other Purpofes therein menin the

tioned, to receive a Claufe or Claufes for emitting Treaftuy Notes for the

Sum of ;^3o,ooo,

and to empower the Treafurer to apply all fuch Siuns as he fhall receive, which have been or may hereafter be granted by the Parliament of Great Britain to this Colony, and the Monies due from the Crown for Provilions towards the Redemption of the faid
Notes.

A Petition of William Seward, fetting forth that he is feized in Fee Taille of 1780 Acres of Land in the Parifh of Southwark, in the Coimty of Surry, under the Will of one Robert Canfield; that the greater Part of the faid Land is poor and yields him but
inconveniently fituated, being divided by a Creek which nms almoft through the fame; that it will be greatly to his Advantage, and that of his Pofterity, if he was empowered to difpofe of 1530 Acres, Part of the faid Tradl, and lay out the
is

fmall Profit, and

Money

arifing

Slaves, to

from fuch Sale in the Purchafe of fome other more valuable Lands and be annexed thereto, and fettled to the fame Ufes; and praying that an Adl
purpofe, was prefented to the Hoixfe and read.
Bill or Bills

may pafs for that


Ordered,
tion,

be brought in purfuant to the Prayer of the faid Petiand bring in the fame. M'' Charles Carter, from the Committee appointed, prefented to the Houfe, according to Order, a Bill for granting an Aid to his Majefty, and for other Purpofes therein mentioned; and the faid Bill was read the firft Time, and ordered to be read a fecond Time. M'' Henry Lee prefented to the Houfe, according to Order, a Bill for altering the Court Day of the County of Prince-William; and the fame was read the firft Time, and ordered to be read a fecond Time. A Claim of Rogers, for taking up a Rimaway therein mentioned, was prefented to the Houfe and received. Ordered, That the faid Claim be referred to the Confideration of the next Seffion of Affembly. M'' Cabbell prefented to the Houfe, according to Order, a Bill to declare void the pretended Sale of the Glebe Land of the Parifh of St. Anne, in the County of Albemarle, and diredling a new Sale thereof, which was read the firft Time, and the Queftion being put that the faid Bill be read a fecond Time,

That a

and

it is

referred to M"" Riddick to prepare

It paffed in the Negative.

Refolved,

That the

faid Bill be rejedled.

[52]
a Sergeant in the Virginia Regiment, praying fome Satifby Captain Bullet, appraifed to i$, and afterwards taken by the Enemy, and aKo for Services done as a Tailor to feveral Soldiers in the faid Regiment, was received and read. Ordered, That the faid Petition be referred to M'' Mercer and M' Pendleton, that they examine into the Allegations thereof, and report the fame, with their Opinion
Petition of

John

Cole,

fadlion for a Horfe preffed into the Ser^'ice

thereon, to the Houfe.

M' Attorney reported that the Committee appointed had, according to Order, waited on the Govemour to know his Pleafure when the Houfe should attend him with their Addrefs and that he was pleafed to appoint this Day, and to fay he would fend a Meffage to the Houfe when he was ready to receive it. A Petition of Thomas Gift, fetting forth that he hath been a Lieutenant in the Virginia Regiment fix Years, during which Time he hath always behaved himfelf well; that in 1758, in Colonel Grant's Engagement with the Wyondotes he was wovmded in his right Hand, which has rendered it ahnoft lafelefs that he was afterwards taken Prifoner by the faid Indians, and detained by them in Captivity one Year and praying the Confideration of this Houfe, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to M'' Pendleton and M'' Gary; that they do examine into the Allegations thereof, and report the fame, with their Opinions there; ;

on, to the Houfe.

Several Glaims of Thomas Toombs and William Hicks, for taking


therein mentioned, were feverally prefented to the
Ordered,
of Affembly.

up Runaways

That the

faid Claims

Houfe and received. be referred to the Confideration of the next Seffion

Meffage from the Govemour was delivered by M' Walthoe.

M' Speaker, I am commanded by


to receive their

the

Govemour

to

acquaint this Houfe that his

Honour is now ready

Addrefs in

the

Council Chamber.
;

M' Speaker, with the Houfe, went up and being returned, reported that he had, with the Houfe, attended the Govemoiu- in the Council Chamber, and prefented the Addrefs of this Hotife to him, to which he was pleafed to anfwer.
Houfe of Burgeffes, I receive the higheft Pleafure from the Marks of Zeal for the Service of his Majefty, and and Attachment to his Perfon and Government, teftified in your affedionate AdLoyalty of which I return you my fincere Thanks; and I have the greateft Reliance that your drefs, for Condud, on this important Crifis, will anfwer the Expedations you have raifed in the Breafts of the warmeft Friends of his Majefty and the Miniftry. Sincerity and Candour are the ftrongeft Cement of Friendfhip and Affedion, which I truft will never be broke through on either Side; It fhall be my conftant Endeavour to preferve it on mine, as tlie Returns I meet with from them fo amply repay me.
of the

M' Speaker, and Gentlemen

A Bill for granting an Aid to his Majefty, and for other Purpofes therein mentioned, was read the fecond Time, and ordered to be committed to a Committee of the whole Houfe immediately. And then the Houfe refolved itfelf into a Committee on the faid Bill; and after fome Time fpent therein, M"' Speaker refumed the Chair, and M'' Charles Carter reported that the Committee had had the faid Bill tmder their Confideration, and made fome Amendments thereto, but, not having Time to go through the fame, they had directed him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
to morrow.
line

A Bill To empower the Veftries of the Parifhes of Dryfdale, in the Counties of Caroand King and Queen, and of St. Stephen, in the Cotmty of King and Queen, to fell
their

53

their Glebes,

and to lay out the Money

in

purchafing more convenient Glebes, was read

a fecond Time.

The aid Bill be engroffed, and read a third Time. Riddick prefented to the Hoiife, according to Order, a Bill to dock the Entail of certain Lands whereof William Seward is feized, and for other Purpofes therein mentioned and the fame was read the firft Time, and ordered to be read a fecond Time.
Ordered,
M''
;

10

On

a Motion made,
faid Bill

was read a fecond Time, and committed to M'' Riddick, M' Gray, M' Hartwell Cocke and M'' Bridger. A Bill For altering the Court Day of the Coimty of Prince William was read a fecond Time, and committed to M'' Johnfon, M' Henry Lee, M*^ Walker and M"" Fry. Ordered, That it be an Inftrudlion to the faid Committee to receive a Claufe or
Claxifes for altering the

The

Court

Day

of Louifa County.
until

And

then the

Houfe adjourned

Tomorrow Morning, Eleven

''Clock.

Trldar. tbe 2n6 of T^prll 2

(Bco. Ill

1762,

Claim of William Hicks, for taking up a Runaway therein mentioned, was prefented to the Houfe and received. Ordered, That the faid Claim be referred to the Confideration of the

next Seffion of Affembly. M' Riddick reported that the Committee to whom the Bill To dock the Entail of certain Lands, whereof William Seward is feized, and for other purpofes therein mentioned, was committed, had made feveral Amendments thereto, which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where they were again twice read, and agreed to by the Houfe. Ordered, That the Bill with the Amendments be engroffed, and read a third Time. On the Petition of Jofeph Royle, Printer, praying the Continuance of his Salary. Refolved, That the Sum of 3$ P^ Annum be allowed to the faid Jofeph Royle, to continue to the End of the next Seffion of Affembly, as a full Confideration for printing the Journal of the Houfe of Burgeffes, printing the Laws of each Seffion and fending 13 of them to every County Court Clerk, one of which to be half botmd, for the Ufe of the Covirt, printing Infpedlors Notes and Books, Proclamations, and other publick Advertifements.

Ordered,

That the

faid Refolve

be engroffed, and that M' Attorney do carry

it

to the

Coimcil for their Concurrence.

On

the Petition of James Gait, Keeper of the Publick Gaol, praying a Continuance

of his former Salary.

Refolved,

That the additional

Sum

of

,xt)

be paid to the faid James

Gait,

over and

above

his ufual Salary of ;^25 per

Annum.

Refolved, That 10 lbs. of Tobacco per Day be allowed to the faid James Gait, for every Criminal committed to the faid Gaol diuing fuch Criminal's Imprifonment, from this Time to the End of the next Seffion of Affembly.

Motion made, That the Simi of ;i^ioo be given, to be laid out in Clothes and Prefents for Indians, as a Reward for their Attachment and faithful Services to this Tufkarora the
Refolved,

On a

Colony.
Ordered,

That the

faid Refolve

be engroffed, and that M' Attorney do carry

it

to the

Council for their Concurrence. The Order of the Day being read.

Aid to

The Houfe again refolved itfelf into a Committee on the faid Bill For granting an his Majefty, and for other Purpofes therein mentioned; and after fome Time
fpent

[54]
fpent therein, M"" Speaker refumed the Chair, and M' Charles Carter reported that the Committee had had the faid Bill under their further Confideration, and gone through the fame, and had made feveral Amendments thereto, which they had diredted him to report to the Houfe and he read the fame in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third Time. M' Pendletmt reported that the Perfons to whom the Petition of Thomas Gift was referred had examined into the Allegations thereof, and found them to be true, and had come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the Houfe, with an
;
;

Amendment,
Refolved,
;ioo, as

as follows

That the faid Thomas Gift ought to be allowed by the Publick the Sum of a Recompenfe for his Bravery, the Wound he received, and the Hardfhips he fuftained, in the Service of this Country. M' Thomas Johnfon reported that the Committee to whom the Bill For altering the Court Days of the Counties of Prince William and Louifa, was committed, had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third
;

Time.
Pendleton reported that the Perfons to whom the Petition of John Coles was rehad examined into the Allegations thereof, and foimd them to be true, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the Houfe, as follows: It appears to your Committee that the Horfe in the Petition mentioned was taken Bullet into his Majefty's Service, being firft appraifed to 1$ ciurent Money, Captain by was afterwards taken by the Enemy, and never returned to the Petitioner. It aKo appears that the Petitioner, being a Tailor, did, by Diredtion of Colonel Stephen, while the Troops were in South Carolina, perform Work in his faid Trade, and fumifh Neceffaries for feveral Soldiers in the faid Stephen's Company, to the Amount of $-14-6, for which he has received no Satiffadlion but whether the faid Stephen ftopped the Money out of the Pay of the feveral Soldiers for whom the faid Work was done, or
M*^

ferred

not, does not appear. Refolved,


faid,

That the Petitioner ought to be paid the Siun

of

1$

for his Horfe afore-

by

the Publick.

Refolved,

That the Refidue of the Petitioner's Claim ought to be

referred to the Con-

fideration of the next Seffion of Affembly.


to empower the Veftries of the Parifhes of Dryfdale, and King and Queen, and of St. Stephen, in the faid County of King and Queen, to fell their Glebes, and lay out the Money in purchafing more convenient Glebes, was read the third Time, and the Blanks therein filled up. Refolved, That the Bill do pafs. Ordered, That M"" Pendleton do carry the faid Bill to the Coimcil for their Conciu"-

An engroffed Bill, entitled. An Ad

in the Counties of Caroline

rence.

On
it is

a Motion made.
referred to

That Leave be given to bring in a Bill To prevent Mutiny and Difertion, M' Gary and M'' Bradley to prepare and bring in the fame. and And then the houfe adjourned until Tomorrow Morning Eleven "'clock.
Ordered,

Hening, VII,

p. 513-

55

Saturday.

tl)e

3r6 of '^prll, 2 (Beo.

III.

1762.

AN
currence.

engroffed Bill, entitled, An AA' for altering the Court Days of the Counties of Prince William and Louifa, was read the third Time, and the Blanks therein
filled

up.

Ordered,

That the Bill do pafs. That M' Henry Lee, do carry up the
Refolved,

faid Bill to the Council for their

Con-

an Aid to his Majefty, and for other Purpofes therein mentioned, was read the third Time, and the Blanks therein filled up; and the Queftion being put that the faid Bill do pafs, the Houfe divided. Yeas go forth Yeas, coimted by M' London Carter, 63. Noes, counted by M' Charles Carter, 3. Refolved, That the Bill do pafs. Ordered, That M' Charles Carter do carry the faid Bill to the Coimcil for their Conengroffed Bill, entitled.
for granting

An

An Ad'

currence.

And

then the

Houfe adjourned

until

Monday Morning,

Eleven ''Clock.

5tlon6aY. t^e

5tl)

of

'ZA.prll.
to

(Beo.

III.

1762.

engroffed Ei7/, entitled.

William Seward
Refolved,

is

dock the Entail of certain Lands whereof feized, and for other Purpofes therein mentioned, was read
filled

An Ad^

a third Time, and the Blanks therein

up.

That M"^ A Meffage from the Council by


Ordered,

That the Bill do pafs. Cocke do carry the faid


M''

Bill to the

Council for their Concurrence.

Walthoe.

That they have agreed to the Bill, entitled, An A&,* for altering the Court Days of the Coimties of Prince William and Louifa. Alfo to the Bill, entitled. An Adls to empower the Veftries of the Parifhes of Dryfdale, in the Counties of Caroline and King and Queen, and of St. Stephen, in the Coimty of King and Queen, to fell their prefent Glebes, and lay out the Money in purchafing more
convenient Glebes. Alfo to the Refolve of
this

Houfe for paying Jofeph Royle,

Printer, a Salary of

^$0

a Year.

And to
mentioned.

the

Refolve for paying Lieutenant

Thomas

Gift

100, for the

Services therein

M' Cary prefented to the Houfe, according to Order, a Bill, To prevent Mutiny and Defertion and the fame was read the firft Time, and ordered to be read a fecond
;

Time.

On a Motion made.
Ordered, That Leave be given to bring in a Bill To amend and Adt, entitled. An Adfi explain the Charter, and enlarge the Privileges, of the Borough of Norfolk, and for other Purpofes therein mentioned; alfo one other Adl, entitled. An for enlarging and afcer.
to

Ad

Purpofes therein mentioned; and it is referred to M"' Attorney and M"' Bradley to prepare and bring in the fame. Several Claims of Henry Collier and Thomas May were feverally prefented to the
for other

taining the Limits of the Borough of Norfolk,

and

Hovife,

and

received.

Ordered

Hening, VII,
Ibid.,

p. 509.

Ibid.,

VII, p. 495.

* Ibid.,

VII, p. 514. VII, p. 509.

'

Ibid VII, p. 513. Ibid. VII, p. 510.

[56]
Ordered,
of Affembly.

That the

aid Claims

be referred to the Confideration of the next Seffion

On

a Motion made,
Bill, entitled,

u
to

The

An Ad'

prevent

Mutiny and Defertion, was read a iecondTime,

and ordered

to

be engroffed and read a third Time.

A Meffage from the Council by M' Walthoe.


That they have agreed to the Bill, entitled, An Adl to dock the Entail of certain Lands whereof William Seward is feized, and for other Purpofes therein mentioned.

On a Motion made,
That Leave be given to bring in a Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly and it is referred to M"' Gary to prepare and bring in the fame. M' Gary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly and the fame was read the firft Time, and ordered to be read a fecond Time. On a Motion made. The faid Bill was read a fecond Time, and ordered to be engroffed and read a third
Ordered,
;

Time.
Attorney prefented to the Houfe, according to Order, a Bill To amend the Adt, entitled. An Ad' to explain the Gharter, and enlarge the Privileges of the Borough of Norfolk, and for other Purpofes therein mentioned; aKo one other Adt entitled. An Ad for enlarging
M*^

and afcertaining the Limits of the Borough of Norfolk, and for other Purpofes therein mentioned; and the fame was read the firft Time, and ordered to be read a fecond Time. On a Motion made. The faid Bill was read a fecond Time, and'ordered to be engroffed and read a third
Time,

And

then the

Houfe adjourned

until

Tomorrow Morning Eleven

"'Glock.

^ues6ar. t^e 6tb of TAprll 2

<Beo, IIU

1762.

AN

engroffed Bill, entitled.

An Ad*

to

prevent

Mutiny and Defertion, was read a

third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M'' Gary do carry the faid

Bill to the

Council for their

Conciurence. An engroffed

Bill, entitled.

An Ad^

to

amend an Ad,

entitled.

An Ad to explain

the Gharter, and enlarge the Privileges of the Borough of Norfolk, and for other Purpofes for enlarging and afcertaining therein mentioned; alio one other Adt, entitled. An

Ad

Borough of Norfolk, and for other Purpofes therein-mentioned; was read the Blanks therein filled up. and Time, a third Refolved, That the Bill do pafs. Ordered, That M' Bradley do carry the faid Bill to the Council for their Concurrence. An engroffed Bill, entitled. An Ad^ for paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, was read a third Time.
the Limits of the

That the Bill do pafs. Ordered, That M'' Gary do carry the faid Bill to the Council for their Concurrence. Several Glaims of John Pride, Richard Jones, William Pegrem, Thomas Munday and Amhrofe Greenhill, were feverally prefented to the Houfe and received.
Refolved,

Ordered

Hening. VII,
Ibid..

p. 502.

Ibid..

YIl.

p. 510.

VII, p. 514-

^^*^- VII. P- S-

* il>i<i-

761U, VII. p. 310. VII, p. 508.

; ;

[57]
Ordered,
of Affembly.

That the

laid Claims

be referred to the Confideration of the next Selfion

On a Motion made,
Refolved, That the feveral Svmis following be paid to the feveral Officers of the General Affembly, refpedlively To John Randolph, Efq Clerk of the Hoiife of Burgeffes ; 60 To Nathaniel Walthoe, Efq Clerk of the General Affembly 30 To the Reverend M"^ William Yates, Chaplain 15 To M' Francis Eppes, Sergeant at Arms 30
; ;

To M' George Davenport, for his Services To the Doorkeeper of the Coimcil To James Lavie, To Thomas Francis, Doorkeepers to the Houfe To Nathaniel Hix, To John Broadrib,
.
. .
.

5 5

'

::::::;:::::::::::::::::;
i

I
it

Ordered, That the

faid Refolve

be engroffed, and that M' Gary do carry

up

to the

Council for their Concurrence. A Meffage from the Coimcil was delivered

by M'

Walthoe.

That they have agreed


Alfo

to the Bill, entitled,

An

Adt for granting an Aid to his Majefty,

and for other Purpofes therein mentioned.


to the Bill, entitled,

An Adt

to

amend an Adt, to explain the Charter, and enlarge

the Privileges, of the


alfo one other

Borough

of Norfolk,

Ad, entitled. and for other Purpofes therein mentioned.

and for other Purpofes therein mentioned An Adl for enlarging and afcertaining the Limits of the Borough
of Norfolk,

Alfo
Alfo Alfo

to the Bill, entitled.

An

A<5t* for

paying the Burgeffes Wages in Money for this

prefent Seffion of Affembly.


to

Bill, entitled.

An A6t*
this

to the

Refolve

0/

for preventing Mutiny and Defertion. Houfe, For paying the refpedive Officers of the General

Affembly

the feveral Sums of Money therein mentioned. And to the Refolve, For giving 100 to the Tufkarora Indians.

Ordered,

ing Perfons: M'' William Digges, M'' Carrington,


Cabbell

That a Committee be appointed to examine the enrolled Bills of the followM' John Fleming, M' Henry Lee, M'

and
is

M"' Claiborne.

Petition of Robert Willis, fetting forth that

that he

he hath been a Soldier many Years very infirm, and unable to provide for himfelf and Family; and praying the

Confideration of this Hovife, was prefented to the Houfe and read;

and the Queftion

being put that the faid Petition be referred to a Committee,


It paffed in the Negative.

Ordered,

And

then the

That the faid Petition be rejedted. Houfe adjourned until Tomorrow Morning, Eleven

'Glock.

Xil?e6ne56aY. Ih^ 7tl) of

^AprlL 2

<Beo. Ill

1762,
in 1760 he,

A
Fund

Petition of Leonard Price, fetting forth that during the

Campaign

by Colonel Byrd's
tiers
;

Orders, adted as Adjutant to the 700 additional Forces raifed for the Rehef of Fort Loudoun and Protedlion of the fouthem Fron-

that as the faid Additionals were


;

Difcharge of his Office very troubleome


ef tablifhed

that as your Petitioner

by Adt
'

of

Affembly

for

raw and undifcipUned, he found the is advifed there is no Payment of fuch an Officer, humbly prays
all

this
Hening, VII,
p. 495.
Ibid.,

VII, p. 510.

Ibid.,

VII, p. 508.

4 Ibid.,

VII, p. 502.

[58]
Houfe will take his Services into Confideration, and allow him the ufual Pay of an Adjutant for the Time he did that Duty was prefented to the Houfe and read. Ordered, That the faid Leonard Price be allowed the Sum of , 36-8-0. M'' William Digges reported that the Committee appointed had, according to Order, examined the enrolled Bills, and redtified fuch Miftakes as were found therein; and
this
;

is

that they were truly enrolled. Ordered, That he carry the faid Bill to the Council for their Infpedlion.

A Meffage from the Council by M' Walthoe.


That they have infpeded the enrolled
Bills,

and

are fatiffied they are truly enrolled.

A Meffage from the Govemour was delivered by M' Walthoe.


M^ Speaker
The Governour commands the immediate Attendance of your Houfe in the Council Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.

M' Speaker with


1
tioned.

the Houfe

went up accordingly, and the Govemour was pleafed


to his

to give his Affent to the following Bills:

An Ad'
'

for granting

an Aid

Majefty, and for other Purpcfes therein men-

Mutiny and Defertion. the Court Days of the Counties of Prince William and Louifa. 4 *To amend an Ad, entitled, An Ad to explain the Charter, and enlarge the Privileges, of the Borough of Norfolk, and for other Purpofes therein mentioned; alfo one other Ad, entitled. An Ad for enlarging and afcertaining the Limits of the Borough of Norfolk, and
2

To

prevent

J For altering

for other

Purpofes therein mentioned.

To empower the Veftries of the Parifhes of Dryfdale, in the Counties of Caroline and King and Queen, and of St. Stephen, in the faid County of King and Queen, to fell their Glebes, and to lay out the Money in purchafing more convenient Glebes. 6 ^To dock the Entail of certain Lands whereof William Seward is feized, and for
5
s

other

Purpofes therein mentioned. f 7 For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly. His Honour Ukewife gave his Affent to the following Refolves: / For paying the fever al officers of the General Affembly the refpedive Sums
therein mentioned.

of

Money

2 For paying Lieutenant Thomas Gift the Sum of 100. 3 For paying Jofeph Royle, Printer to the Publick, a Salary of 4 For paying the Sum of 100 to the Tufkarora Indians.

350 a

Year.

And then

his Honotu"

was pleafed

to

make

the following Speech


of the

Gentleman of the Council,

M"' Speaker,

and Gentlemen

Houfe

of Burgeffes,

The Cheerfulnefs and Alacrity with which you have

fo generoufly provided for the

raifing another Regiment for his Majefty's Service, immediately after the difbanding the old One, and entered into every Meafure recommended to you, muft at once convince the

your Judgment and Spirit; confirm the Charader the Virginians have long born of being loyal, faithful and dutiful, Subjeds; and render you dear to your royal Sovereign. This Condud, which I fhall not fail to reprefent in its true Light to his Minifters, demands my Thanks in the Name of my moft gracious Mafter; which, from this Seat, where more particularly than elfewhere I have the Honour to be his Reprefentative, I now publickly

World

of

^^

give

you with

great Cordiality.

The
I

'

Hening, VII, p. 495. Ibid., VII, p. 502. Ibid., VII, p. 509.

Ibid.,
5

Ibid.,

VII, p. 510. VII, p. 513.

<>

Ibid.,

'

Ibid.,

VII, p. 514. VII, p. 508.

[59]
The Harmony that fubfifts between us is a Source of great Satiffadion to me, on which I could expatiate largely, were this a proper Place or Time for it; and may God increafe it in our Hearts, for the Service of our King, the Intereft of our Country, and the Happinefs of us all. As I propofe to call you together towards the End of the Year, to confider of the State of this Colony, and to provide for the future Well being of it, by enading fuch wholefome Laws as may tend to the well governing and Improvement thereof, I fhall not now detain you here, to the Detriment of your own private Affairs, but fhall prorogue you, and you
are accordingly prorogued, to the laft Tuefday in

June

next.

JOURNAL
of the

House of Burgesses
1762
November
Seflion

Burgeffes.
Accomac
Albemarle

Southey Simpfon Thomas Parramore

Hanover
Henrico
of

Nathaniel Weft Dandridge

Thomas Walker

John Fry
Amelia

John Syme Bowler Cocke PhiUp Mayo

David Greenhill

Ifle

Wight

Thomas Tabb
Amherft
Augufta
Bedford

James Bridger Jofeph Bridger


Lewis Burwell Philip Johnfon

William Cabell Cornelius Thomas

James City
Jameftown

John Wilfon
Ifrael

Edward Champion Travis


John Pendleton John Robinfon
Charles Carter Charles Carter, Jr.

Chriftian

King

& Queen

WiUiam Callaway

John
Bninfwick
Ifaac

Talbot

King George

William Thornton

Rowe Walton
Jr.

King William
Lancafter

Buckingham
Caroline

Robert Boiling,
Jofeph Cabell

Bernard Moore Carter Braxton


Charles Carter

John Baylor

Richard
Loudoim
Loiiifa

Mitchell

Edmimd
Charles City

Pendleton

Francis Lightfoot Lee

Benjamin Harrifon
William Kennon
Archibald Cary

James Hamilton
William Johnfon

Chefterfield

Richard Eppes

Lunenburg
Middlefex

Thomas Johnfon Henry Blagrave


Clement Reade

The

College

Mann Page
John
Field

Culpeper

James Barbour
Cumberland
Dinwiddle
Elizabeth City

John Smith Ralph Wormeley


Willis Riddick

George Carrington John Fleming

Nanfemond

Lemuel Riddick

Robert Boiling

New Kent
Jr.

Burwell Baffett

Leonard Claiborne, William Wager George Wythe


John Lee John Upfhaw
George Johnfton

Norfolk

Richard Adams WiUiam Bradley Thomas Yeal


John Harmanfon Thomas Dalby

Effex

Norfolk Borough Jofeph Hutchings

Northampton

Fairfax

John Weft
Fauquier
Frederick

Northiunberland Richard Hull

Thomas Harrifon Thomas Marfhall


George Wafhington George Mercer

Spencer
Orange
Prince

Ball

James Taylor James Walker

Edward

Peter Legrand

Gloucefter

Thomas Whiting
John Page
Prince George

Abner Nafh
Richard Bland Richard Bland,
Jr.

Goochland
Halifax

John Payne Jofias Payne


Nathaniel Terry

Prince William

John BayHs Henry Lee

Robert Wade
Hampfhire

Princefs

Anne

James Mercer

Edward HackMofeley Anthony Walke

Thomas Rutherford
*Not fhown by the Journal
to

have been prefent during the Affembly.

[64]
Richmond
Southampton
Spotfylvania

John Woodbridge Landon Carter


Jofeph Gray

Sufex

David Maion John Edmtmds


William Harwood William Digges

Warwick
Weftmoreland
Williamfbxirg

Benjamin Symmons
Fielding Lewis

Benjamin Grymes
Stafford

Richard Henry Lee Richard Lee

William Fitzhugh Thomas L. Lee


Hartwell Cocke

Peyton Randolph

York

Dudley Digges

Suny

Thomas

Nelfon, Jr.

Thomas

Bailey
to

Not fliown by the Journal

have been prefent during the Affembly.

Changes

in the

Perfonnel, 1762
Sefion

November
Hampfliire

James Mercer fucceeded James Keith

New Kent
Surry

Thomas

Burwell Baffett fucceeded Gill Armiftead Bailey fucceeded Henry Browne

JOURNAL
of the

House OUSE
^ues^a^.
tl)e

B of OURGESSES OF
of

2nb

November. 3
M""

(Beo.

III.

1762.

Meffage from the Govemour was delivered by


M''

Walthoe.

Speaker, and Gentlemen of the


the

Houfe

of Burgeffes,
of

The Govemour commands


Council Chamber.

immediate Attendance

your Houfe in the

up to attend the Govemour And being returned, reported that the Houfe had attended the Govemour in the Council Chamber and that his Honour was pleafed to make a Speech to the Council and this Houfe, of which he had (to prevent Miftakes) obtained a Copy, which he read in his Place, and afterwards delivered in at the Table, where it was again twice read, and is as follows
Accordingly
M''

Speaker, with the Houfe, went

Gentlemen of the Council,

M""

Speaker, and Gentlemen of the Houfe of Burgeffes.


to

I have called you together piirfuant

my

la ft Prorogation, that

you may now enter

upon

the

thereof,

ufual Buflnefs of the Country, and provide for the future Safety and Well being by enading fuch Laws as to you fhall feem moft expedient for that falutary Purpofe.

It is the

Duty
it:

of every

Member

of the Legiflature,

to confider the prefent State of the Colony, to

and

during the Receffes of General Affembly, the Means which may be further neceffary

Truth not to be controverted, it becomes more particularly the Duty whofe Care his Majefty has entrufted the Adminiftration of the Affairs Government in his Provinces; and while I have the Honour of fitting in this Seat, I hope I fhall never think that any Thing can abfolve me from the Difcharge of this important Part of my Office. The firft Thought which, under our prefent Circumftances, will naturally prefent

improve

If this is a

of thofe

Men

to

itfelf to

every

Man

who has tn

the leaft refleded

on thefe Matters, in the Scarcity


is

of Bullion,

both Gold
is

and
to

owing
of

moft notorioufly prevalent at this Time in this Colony. the Operation of any Law now adually in Force, or whether it
Silver,

Whether this owing to the

Want
it

fome new
to call

Law

to

feems

upon you

for

remedy this Evil and produce the de fired Effed, in either Cafe your moft ferious Confideration; and I reccnnmend it to you

in this Light, but with this very neceffary Precaution, of which I hope you will never lofe Sight, that it is not to be done in Hafte, upon loofe unconfidered Principles, or without the

moft mature Deliberation.


feel

Inconveniences we at prefent undergo the moft ftrid Examination, and fever e Scrutiny; for, by long Experience of Men much converfant in thofe Speculations, it has been found that the meddling with the Mediums of Trade and Commerce, whether it be Bullion or Paper, is of a moft delicate Nature, and is often attended with a long Train of very diftant Confequences, not always obvious to a Man of the greateft Sagacity
It is even better to fuftain the

than

to

attempt

to feek Relief

by Remedies which are not

to

at the

Time

of

making Laws

relating thereto.

Another

[66]
Another Thing I would recommend to you is the preparing fome Bill to regulate the Trade with the Cherokee Indians. Governour Boone has reprefented this to me in fo judicious and equitable a Light, in a Letter which I fhall now lay before you, and fent me in the Copy of an Ad paffed in his Affembly, which appears to me to be fo well calculated to anfwer the Purpofe, that I cannot do better than wifh you to follow fuch an Example.
This Meafure, in
all

human

Probability, will prevent the trading


to be

J ealoufies too

apt to arife

between neighbouring Colonies, and the Dangers


of private Traders.

feared from the imprudent

Condud

To
Advice

of his

take Care of the Intereft of the Colony during the Shimmer, I have, by and with the Majefty's Council, provided for it in the beft Manner I Have been able, by

laying an

Embargo on Ships loaded with


the
fir ft the

Tobacco and prohibiting the Exportation of

Property of the Planters has been endeavoured to be fecured, Indian Corn: By until fome Ship of Force belonging to his Majefty fhould arrive to fupply the Place of thofe which the Neceffity of the Times called from us, and to protcd it {which Event has now

happened) by the fecond the Cries

of the

Poor have been flopped, and

the exorbitant Price

Sloop has alfo been hired and to which that Grain feemed fitted out to proted the Shipping within the Capes from the Infiilts of fmall Privateers, which owed their Security to their Size: This prevented their being followed into fhoal Waters in
likely to rife been checked.

which they could

fail

Manwaring, Efq;

ftationed on this Coaft.

with Safety, by his Majefty's Ship under the Command of William In juftice to this Gentleman, it is requifite I
to affift

fhould inform you of his Readinefs which we fhould not have been able

us on

this Occafion,

by lending Men, without

to

have manned our Sloop.

As

the

Fund

of

s.

per

Hogfhead for mine whether


be great, of a

the

the

Support of Government is in a low State, I fhall leave it with you to deterCountry will not take upon itfelf the Payment of the Expenfe, which cannot
into for the

Meafure entered

Good

of the

whole Community.

Gentlemen,
with the higheft Degree of Satiffadion that I have it in my Power to acquaint you that I ftand charged to communicate to you his Majefty's Appi-obation of the Condud of this Colony, and his gracious Acceptance of your Zeal and Attachment to his Service, tranf.
It is

mitted to me in Letters from one of his principal Secretaries of State, and his Commander From my own Feelin Chief on this Continent; which I fhall immediately lay before you. done yoti very Honour now that the muft fenfibly affed every convinced thoroughly ings, I am acknowledge King ready to it, and a the Service fo of Man who had a Share in promoting
infpire

him with a

ftrong Defire to continue to merit the royal Approbation.


to

This affords

me

make Mention of the Regiment, which ftands provided for but for Men are now extremely well clothed, and are vidualled by the Crown, the As -jhort Time: a fo that the Pay for a few Months is the only Objed, I fhould recommend it to you, merely as
a proper Occafion a Matter of Prudence,
to

inviolable Attachment to his Majefty

keep them on Foot; as I have now, by frequent Experience of your and his Service, found, that you would raife them at

a much larger Expenfe, if his Majefty fhould earneftly require it. Such an Opinion has your conftant and uniform Condud raifed in me of your Zeal to fupport the Good of the common Caufe; and when you confider the Letters from Sir Jefifery Amherft on this Subjed, I make no Doubt but you will agree with me in the Prudence of this Step. I have alfo the Plea fur e to inform you that the Account with the Crown of the Expenfes of this Colony for the Year iy6o has been fettled with Sir Jeffery Amherft, and the Balance found due to the Colony by the Attditors of the Crown Accounts fettled at, 18, 6iy 4s. i d. into the Treafury i8,jji 4 s. 9 d. and of which Sum I have already received and paid daily exped the Payment of the fmall Balance remaining now due. To complete the Happinefs of the Britifh Nation, Heaven has been gracioufly pleafed to fend us an Heir to his Majefty's Crown and Virtues; which has been notified to me by
Earl of Egremont, with the pleafing Circumftances that her Majefty and the young Prince were in as perfed Health as can be expeded or wifhed, of which happy Event I mo ft
the

fincerely congratulate you.

[67]
M''

Speaker, and Gentlemen of the Houfe of Burgeffes,

leaft

From the pleafing Profped which now begins to open itfelf to our View, there is at Room to hope that the Expenfe of every Article now recommended to you, if they fhould
ivill

meet with your Concurrence,


for them, I

not he great, or of long Duration;

and in

the providing

am

firmly perftiaded that you will take the

Means

leaft liable to

Exception, and

leaft prejudicial to the Inhabitants.

Gentlemen

of the Council,

and

of the

Houfe

of Burgeffes,

The Honour you have


let

already acquired is great; and for the Regard I bear the Colony,

to be

me recommend it to you to purfue your Courfe, until you arrive at the Goal which feems now in your View. The Bufinefs I have mentioned to you will require much Attention,
it

therefore

will be rcquifite

you fhould

fet

about

it

with Diligence, and Unanimity; which

make no Doubt

but you will do, as fuch a

Condud muft meet

with the Approbation and

Praife of your Country.

That an humble Addrefs be prefented to his Honour the Governour, to him our Thanks for his kind Speech at the Opening of this Seffion to congratulate with him on the Birth of an Heir to the Throne of Great Britain, and the Dominions
Refolved,

return

thereunto belonging

to exprefs our Satiffadlion that his Majefty has been pleafed to

accept our Services in a Manner fui table to our Intentions, and to affure and Loyalty will influence all our future Adlions.
Ordered,

him that Affedlion

That a Committee be appointed to draw up an Addrefs to the Governour, purfuant to the faid Refolution and it is referred to M'' Attorney and M'' Gary to prepare and bring in the fame. Refolved, That this Houfe will take the Govemour's Speech into Confideration Tomorrow. M"' Speaker reported that the Governour had delivered to him the feveral Letters mentioned in his Speech, which he had defired him to lay before the Houfe. And the faid Letters were read, and ordered to lie on the Table. Ordered, That an Addrefs be made to the Governour to order a new Writ to iffue for eledling a Burgefs to ferve in this prefent General Affembly for Hampfhire, in the Room of M"' Keith, who, fmce his Election, hath accepted of the Office of Clerk of a County and that M'' Richard Henry Lee do wait on his Honour with the faid Addrefs. Ordered, That an Addrefs be made to the Governour, to order a new Writ to iffue for the elecSling a Burgefs to ferve in this prefent General Affembly for the Coimty of New Kent, in the Room of M"" Armiftead, deceafed; and that M"' Benjamin Harrifon do wait on his Honour with the faid Addrefs. Ordered, That an Addrefs be made to the Governour, to order a new Writ to iffue for the eledling a Burgefs to ferve in this prefent General Affembly for the County of Surry, in the Room of M' Brown, deceafed; and that M'' Hartwell Cocke do wait on his Honour with the faid Addrefs. Ordered, That the Reverend M'' William Yates be continued Chaplain to this Houfe, and that he attend to read Prayers every Morning at lo "'Clock. Ordered, That the feveral Doorkeepers be continued in their refpedlive Offices, and that they give their Attendance accordingly. And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
;

^ahxKi^ba^f

tl)e

3r6 of ^tovember, 3 <Beo.


read, for the

III.

1762.

HE

Order of the
Refolved,

Day being

Houfe

to take into Confideration

the Govemour's Speech,

That this Hovife will refolve itfelf into a Committee on the faid Speech Tomorrow. And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
TD}c)\xxsba'2

[68]

^^rsda^.

tl)e 4tl)

of November,

(Beo.

III.

1762.

M
Sir,

Attorney reported that the Committee appointed had, according to Order,

prepared an Addrefs to the Govemour; which he read in his Place, and then dehvered in at the Table, where it was again twice read, and agreed to

by the Houfe, and

is

as follows

We his Majefty's nioft dutiful and loyal Subjects, the Burgeffes of Virginia, now met General Affembly, return your Honour our fincere Thanks for your kind Speech at the in
Opening
of this Seffion.

We
Britain
:

heartily congratulate with


]\Iay the Sceptre,

his Anceftors, to

you on the Birth of an Heir to the Throne of Great when it fhall defcend into his Hands, be ufed as it has been by obtain Glory and Felicity to the Crown and his People.
to

Permit us, Sir,


our Services in a

exprefs our SatiffaAion that his Majefty has been pleafed


fo fuitable to our Intentions,
all

to

accept

Manner

and

to

affure you that the warmeft

Affedion and Loyalty fhall influence


Ordered,

our future Adions.


fairly tranfcribed,

That the

faid Addrefs

be

and prefented by the whole

Houfe.

That the Committee which prepared the fame wait on the Govemour, to when the Houfe fhall attend his Honour to prefent it. of William Talbot, fetting forth that in the Year 1755 he lifted in the Petition A Virginia Regiment, and ferved as a Sergeant therein imtil the Year 1758, when in Col. Grant's Engagement, near Fort Duquefne, he received a Wound in his right Arm, which has rendered him incapable of hard Labour; that he was then taken Prifoner, and carried by the Indians to Fort '''Etroit, where he endured a fevere Captivity of 15 Months when he was deUvered up by the Indians, and rejoined the Regiment, in which he continued faithful in Duty until March laft, when the Regiment was broke, and among others was difcharged and praying the Confideration of the Hotafe, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to M'' Pendleton and M'' Richard Henry Lee; that they examine into the Allegations thereof, and report the fame, with their
Ordered,

know his

Pleafure

Opinion thereon, to the Houfe.


Ordered,

That a Committee

of Privileges

and Elections be appointed,

of the follow-

ing Perf ons


M""
M--

Bland,
M"M'' M''

Attorney,

M''

William Digges,

Wythe, Richard Henry Lee,

My Benjamin Harrifon, M' John Page,

Edmund

Pendleton,

M' Whiting,

W Dudley

Digges,

W Mann Page.

M''

Lemiiel Riddick,

And
firft

that they are to meet and adjotim from Day to Day, and to examine in the Place all Returns of Writs for electing Burgeffes to ferve in this prefent General

Affembly, and to compare the fame with the Form prefcribed by Law; and to take into their Confideration all fuch Matters as fhall or may come in Queftion touching Returns, Ele6tions and Privileges and to report their Proceedings, with their Opinions And the faid Committee are to have Power thereon, from Time to Time, to the Houfe. their Information. for Records, to fend for Perf ons. Papers and
;

Ordered

; :

[69]
Ordered,

That a Committee

of Propofitions

and Grievances be appointed of the

following Perfons

W Bland, W Gary,
M' Edmund Pendleton, M' William Digges, M"' Benjamin Harrifon,
M"'

M"'

Attorney -General,

W Lemuel Reddick, W Fitzhugh,


Mj Mofeley,
M''
M"'

Francis Lee, George Johnfton,


Boiling,

Wythe,
Burwell,

M' Robert
M"' M'' M'' M''

M''

M""
M"' M"'

Charles Carter {King George.),

Philip Johnfon, Mann Page,


Robert Boiling, Lewis,
Jtin.,

Richard Henry Lee, John Page, My Dudley Digges,


M''

M'' M""
M'' M--

Richard Bland, Jun.,

Fleming,

John Smith,
Dandridge,
Mercer,

M''
M''

James

Taylor,

Whiting,

M"'

Kennon.

they are to meet and adjourn from Day to Day, and to take into their Confidand Grievances that fhall come legally certified to this Affembly and to report their Proceedings, with their Opinions thereon, from Time to Time, to the Hoiife. And all fuch Propofitions and Grievances are to be delivered to the Clerk of the Houfe, and by him to the faid Committee of Courfe; and the faid Committee are to have Power to fend for Perfons, Papers and Records, for their Information. Ordered, That a Committee of Publick Claims be appointed, of the following Perfons
eration all Propofitions
M"' M''

And

Archibald Gary.
M"" Willis M'' M"'
M"' M"'

Richard Lee,
Thornton,

Reddick,

M' Wilfon,
M''

John
Hull,

Lee.

M' Hartwell Cocke,


M"'

Walton,
Callaway,
Bradley,

Trams,
Chriftian,

M"

M'' M'M"'

W Weft,
M'' J.

Payne,

Upfhaw, Harmarfon, M' Harwood.

And they
all

are to

meet and adjourn from Day to Day, and to take into


;

their Confid-

eration all publick Claims referred from the laft to this Seffion of Affembly,

and aKo

fuch Claims as fhall be regularly certified and prefented to this Seffion and to report their Proceedings, with their Opinions thereon, to the Houfe, when they have gone

through the faid Claims.

And

all
;

to the faid Committee, of Courfe

Perfons that have any Claims are to deliver them and they are to have Power to fend for Perfons, Papers
for Courts of Juftice

and Records,
Ordered,

for their Information.

That a Committee

be appointed, of the following

Perfons

W Wythe, W Le Grand,
M'' M''

M''

Edmund

Pendleton,

W
M""

M'

Field,

J. Pendleton,

Thomas Harrifon, James Taylor,

Mayo,
.

My J Bridger, M^ James Walker.

they are to meet and adjourn from Day to Day, and to take into their Confideration all Matters relating to Courts of Juftice, and fuch other Matters as fhall from

And

Time

[7o]
them; and report their Proceedings, with their Opinions the faid Committee are to infpecft the Journals of the y**" Seffion of the laft General Affembly, and the I'S 2<* and 3<*, Seffions of this prefent General Affembly and draw up a State of the Matters then depending and undetermined, and the Progress that was made therein, and report the fame to the Houfe: That they do alfo examine what Laws have expired fince the laft Seffion, and infpe(5l fuch temporary Laws as will expire with the End of this Seffion, or are near expiring and report the fame to the Houfe, with their Opinions which of them are fit to be revived and continued. Ordered, That a Committee of Trade be appointed of the following Perfons M'' Benjamin Harrifon,

Time

to

Time be

referred to

thereon, to the Houfe.

And
;

M'-

Mofeley,
Chriftian,

M-" M""

W
M''

Marfhall, Hamilton,
Hutchings,
Veal,

Upfhaw,
Whiting,

M'' Blagrave,

M''

W Simpfon, W GreenhiU,
And
eration
all

M' Lemuel Riddick,

W
M''

M''

Bradley,

M""
M''

Lewis,

John Smith.

they are to meet and adjourn from Day to Day, and to take into their ConfidThings relating to the Trade of this Colony, and all Matters that fhall be from Time to Time to them referred and to report their Proceedings, with their Opinions thereon, to the Houfe. And the faid Committee are to have Power to fend for Perfons,
;

Papers and Records, for their Information. Ordered, That M'' George Davenport be continued Clerk to the Committees of Privileges and Ele(5tions, and Proportions and Grievances; M"' Miles Cary, Clerk to the Committee of Claims M'' Thomas Everard, Clerk to the Committee for Courts of Juftice and M'' Hind Ruffell, to the Committee of Trade and that they give their Attendance
; ;

accordingly.

On a Motion made.
Ordered, That the Letters received by the Committee of Correfpondence from Edward Montague, Efq; and all their Proceedings, be laid before the Houfe. A Petition of Sarah Lovell, fetting forth that in the Year 1748 her Hufband Richard Lovell enlifted as a Soldier in the Virginia Regiment; in which Service he was taken fick and died, leaving her and two Children in a very deftitute Condition that whiKt fhe was able fhe ufed the utmoft of her Power to maintain them, but being feized with a Diftemper in her Mouth, by which fhe has loft the whole of her under Jaw, is rendered
;

entirely incapable of continuing that Support as formerly

that fhe applied to the Veftry

and praying that this which fhe Uves for Relief, but Houfe will take her forlorn Condition into Confideration, and grant her fuch Relief as fhall be thought reafonable, was prefented to the Houfe and read; and the Queftion
of the Parifh in

without Effedl;

being put that the faid Petition be referred to a Committee, It paffed in the Negative.
Refolved,

That the faid Petition be

rejedled.

may be eftabhfhed on his Land, over the New River, near the Diinkers Bottom that the faid Ferry will be very convenient to the Inhabitants beyond the New River, and to all Perfons concerned in trading with the Cherokees from this Colony. Alfo a Petition of William Tyler, fetting forth, by an Adl of Affembly made in the 33** Year of the Reign of his late Majefty King George II, a publick Ferry was appointed to be kept by the faid Tyler, from his Landing, in the Coimty of Weftmoreland, over

Petition of William Ingles, praying that a Ferry


;

Potowmack, to Cedar Point, in the Province of Maryland, at the Rates in the faid Adl mentioned; that the Petitioner hath ever fince fupported the faid Ferry at a great Expenfe

;:

71 ]

Expenfe, but finds it impradlicable to continue it any longer at the low Rates allowed by the aid Adl and praying the Confideration of this Houfe. Alfo a Petitton of Johit Bailey, Guardian of Jeremiah Garland Bailey, Son and Heir of Stephen Bailey, deceafed, and fundry Inhabitants of the County of Weftmoreland, fetting forth that the Ground whereon Yeocomico Warehoufes now ftand being originally one Acre, the Property of the faid Infant, is now by the wafhing of the Shore fo reduced that there fcarcely remains Room enough to place new Houfes, which are immediately wanting, as the old ones are entirely gone to Decay, and by the faid wafhing of the Land the Water is become fhallow, and the Landing thereby greatly injured; and praying that an Ad; may pafs to enable the faid Bailey to build new Warehoufes at a Place called the New Landing, which is the Property of the faid Infant were feverally prefented
; ;

Houfe and read. Ordered, That the faid Petitions be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
to the

report the fame, with their Opinions thereon, to the Houfe.

Petition of

John Gatewood and

others. Legatees, claiming


1

under the Will of John

Gatewood, deceafed, fetting forth that in /awztary


to the faid Legatees,

761 Tom, a Negro

Man

Slave belonging
the Fadl,

was apprehended and committed

to the Gaol of the faid County,

with another Negro for Burglar}':

On

the Trial the other Fellow confeffed

and faid Tom was with him aiding and affifting, he was condemned and fuffered Death but Tom artfully denied the Whole, and there being no ftifficient Proof againft him, efcaped with only corporal Punifhment, but by the Inclemency of the Weather while in Prifon was fo froft bitten, notwithftanding all poffible Care was taken of him, that his Legs were cut ofT, and he in a fhort Time after died and praying the Confideration of the Houfe, was prefented to the Houfe, and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
;

their Opinions thereon, to the Houfe.

Several Claims of John Coombes, Robert Long, Benjamin Burchen, Charles Harris, William Hammond, James Breedlove, Tandy Dix, William. Wright, Benjamin Collier, William Perkinfon, William Bates and Samuel Faucet, for taking up Runaways therein mentioned. Alfo a Claim of John Hickie, for Provifions found by him for Capt. Wade's Company and feveral Indians, were feverally prefented to the Houfe and received, and refeiTed to the Confideration of the

Committee of Claims. That the Confideration of the Govemour's Speech be put off And then the Houfe adjourned until Tomorrow Morning 11 "'clock.
Ordered,

until

Monday.

Jrviba^,

i\)<L

5tl)

of !^ovember,

(5eo.

III.

1762.

A
M""

Petition of

in Augufta, inftead of the

John Buchanan, praying that a Ferry may be eftablifhed on his Land Land of William Ingles, was prefented to the Houfe,

and

read.

Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances, that they examine into the Allegations thereof, and report the fame, with their Opinions thereon, to the Houfe. Two Claims of John James, for taking up Rtmaways therein mentioned, were feverally prefented to the Houfe and received, and referred to the Confideration of the Com-

mittee of Claims.

whom the Petition of William Talbot was have examined into the Allegations thereof, and find them to be true, and have come to the following Refolutions thereon; which he read in his Place, and then delivered in at the Table, where it was twice read, and agreed to by the Houfe, as follows
Pendleton reported that the Perfons to
referred

Refolved

72

Refolved,

That the

faid

Publick, in Confideration of the

William Talbot ought to be paid the Stun of 60 by the Wounds he received in the Service of this Colony, and

the Hardfhips he endured in his Captivity. Ordered, That it he an Inftrudlion to the Committee of Claims to

make an Allowance to the faid Talbot in the Book of Claims, purfuant to the faid Refolution. M"' Attorney reported that the Committee had, according to Order, waited on the Govemour to know his Pleafure when this Houfe fhould attend him with their Addrefs and that he was pleafed to appoint this Day; and to fay he would fignify by a Meffage
to the

Houfe when he was ready to receive it. M'' Edmund Pendleton, from the Committee of Courts of Juftices, reported that the faid Committee had, according to Order, infpedled the Journals of the y**" Seffion of the laft General Affembly, and the i^S z'' and 3"*, Seffions of this prefent General Affembly; and have prepared, and drawn up, a State of the Matters then depending and undetermined, and the Progreis that was made therein; and had agreed on a Report, which he read in his Place, and then delivered in at the Table, where the fame was again read, and is as follows: That a Petition of fundry Inhabitants of the County of Hampfhire, praying that an Adl may be paffed for eftablifhing a Town on the Land of the Right Honourable the Lord Fairfax, in that County, called Tucker's Plantation, was prefented to the Houfe, and read, and referred to the Confideration of the next Seffion of Affembly. That it appears to this Committee that the Petition of fimdry Inhabitants of the Coimties of James and Charles City, praying that the Warehoufes for the Infpedlion of Tobacco at Hog Neck may be difcontinued, being very inconvenient to Navigation, and that new Warehoufes in the Stead thereof may be eftablifhed at Barrett's Ferry on the Mouth of Chickahomony River. Alfo a Petition of fimdry Inhabitants of James City County, in Opposition theretoAlfo a Petition of fundry Inhabitants of the Counties of James City and Snrry, and other Places on James River, praying that publick Warehoufes for the Infpedlion of Tobacco may be eftablifhed at James Town, on the Land of John Ambler, Efq; as a Place very convenient to the Planter and Shipper, and particularly in Cafe of relanding Tobacco after Infpe(5lion and fhipping, which frequently happens there. Alfo a Petition of fundry Inhabitants of the Parifh of Accomack, in the County of
Accomack, praying that the faid Parifli may be divided. Alfo a Petition of fundry Inhabitants of the faid Parifh, in Oppofition thereto. Alfo a Petition of fundry Inhabitants of the Parifh of Frederick, in the County of Frederick, praying that the faid Parifh may be divided. Alfo a Petition of fundry Inhabitants of the lower End of St. Mary's Parifh, in the County of Caroline, praying that part of the faid Parifh may be added to the Parifh of
St. David's, in

the County of

King William.

Alfo a Petition of fundry Inhabitants of the faid Parifh of St. David's, to the same Purpofe. Alfo a Petition of ftmdry Inhabitants of the Cotmty of King and Queen, praying that a Town may be eftablifhed at Todd's Warehoufes, in the faid Coimty, were referred to the Committee of Propofitions and Grievances, to examine into the Allegations thereof and report the fame, with their Opinions thereon that the faid Committee reported,
;

and which was agreed to by the Houfe, that the

faid Petition ought to

be referred to

the Confideration of the next Seffion of Affembly. That a Petition of fundrv Inhabitants of the Counties of Amherft and Buckingham, fetting forth that before their Divifion from the Coimty of Albemarle, a complete Set of Weights and Meafures of the Englifh Standard had been purchafed for the Ufe of the

Cotmty, of which they paid their proportionable Part; and praying that the Inhabitants of the faid County of Albemarle may be obliged to reimburfe them, was prefented to the Houfe and read, and referred to the Confideration of the next Seffion of Affembly. That a Petition of fundry Merchants on Rappahannock River, complaining that they are greatly impofed on by a Sort of Men called Pilots, who exadl exorbitant Fees and praying
;

[73]
praying that a late Adl of Affembly fome time ago, may be revived.
for eftiiblifhing the

Rates of Pilotage, which expired

Alfo a Petition of fundry Inhabitants of the Parifh of St. Anne, in the County of Albemarle, fetting forth that before the Lines were run for dividing the faid County purfuant to a late A(5l of Affembly, and without any Notice given, the Sheriff of the faid

Cotmty affembled a few of


there;

his Neighbors to

elecfl

ingly they elecfted a Veftry, feveral of

and praying that the faid were prefented to the Houfe and read, and referred to the Confideration of the next Seffion of Affembly. That a Petition of M'' James Wallace, complaining of an undue Eledlion and Return of M"' William Wager to ferve as a Burgefs in this prefent General Affembly for the County of Elizabeth City. Alfo a Petition of M'' John Leigh, complaining of an imdue Eledlion and Return of M'' Peter Le Grand to ferv-e as a Burgefs in this prefent General Affembly for the County
of Prince

whom were neither Veftry may be diffolved,

a Veftry for the faid Parifh, and accordFreeholders or Houfekcepers

Edward.

Alfo a Petition of M"' John Clack, complaining of an imdue Eledlion and Return of M' Isaac Row Walton to ferve as a Burgefs in this prefent General Affembly for the County of Brunfwick. Alfo a Petition of M'' Henry Peyton, complaining of an undue Eledlion and Return John Baylis and M'' Henry Lee to ferve as Burgeffes in this prefent General Affembly for the County of Prince William were feverally prefented to the Houfe and read
of M''
;

and referred to the Committee of Privileges and Eledlions, to examine into the Allegations thereof, and report the fame, with their Opinions thereon, to the Houfe: That the faid Committee reported they had had imder their Confideration the Petition of the faid M"" Wallace to them referred, and had come to feveral Refolutions thereon, which were read, and agreed to by the Houfe, as follows: That the Perfons who voted at the faid Eledlion, whofe Freeholds are queftioned either by the Petitioner or fitting Member be examined on Oath before John Tabb, Cary Seldon, Charles Jennings, George Wray, James Balfour, Jacob Wray and David Wilfon Curl, of the faid Coimty of Elizabeth City, Gentlemen, or any 3 of them, whether they be Freeholders or not, except fuch of them
as did fwear to their Freeholds at the Eledlion.

That the Petitioner and fitting Member be at Liberty to examine Witneffes before the fame Perfons as to the Freeholds or other Qualifications of any Perfon who voted at the faid Eledlion, or fhall fwear to the fame at the Examination and that it be an Inftrudlion to the Perfons before whom fuch Examinations are to be taken to examine
;

how

long fuch Voters have been in Poffeffion


in

of,

and paid Quitrents

for,

the Lands or

Right of which they voted at the Eledlion, and that they return the Depofitions they fhall take to the next Seffion of Affembly. That the Petitioner give the fitting Member 10 Days Notice of the time and Place when and where he intends to examine his Witneffes, aKo a Lift in Writing of the Names of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads of Exception, and that the fitting Member do the like to the Petitioner. That as well the Petitioner as the fitting Member be at liberty to examine Witneffes before the fame Perfons as to the Sheriff's Agreement to defer clofing the Poll by the Confent of the Candidates, and afterwards to poftpone it imtil Svmfetting, and as to his being informed before he clofed the Poll that 2 Freeholders were on their Way to the Courthoiife, and the Diftance they were from the Courthoiife when the Poll was clofed, and

Tenements

Time when the Poll was clofed and aKo to examine the Reverend M'' Warringand the 2 Freeholders above mentioned, and any other Witneffes, on Oath, as to their Intentions and Declarations to vote for any and which of the Candidates and that
as to the
ton,
; ;

the further Confideration of the faid Petition fhould be referred to the next Seffion of affembly.

The
;

faid Committee alfo reported that they

Petition of the faid M"' Leigh to

them
to

referred,

had had tmder their Confideration the and had come to feveral Refolutions thereThat

on which were

read,

and agreed

by

the Hovtfe, as follows

74]

That the Perfons who voted at the faid Eledlion, whofe Freeholds are queftioned by the Petitioner or fitting Member, be examined on Oath before John Nafh the Thomas Scott, John Morton, Henry Watkins and Abner Nafh, of the faid County of elder, Prince Edward, Gentlemen or any 3 of them, whether they be Freeholders or not, except fuch of them as did fwear to their Freeholds at the Eledlion. That the Petitioner and fitting Member be at Liberty to examine Witneffes before Perfons as to the Freehold of any Perfon who voted at the faid Eledlion, or fame the fhall fwear to the fame at the Examination and that it be an Inftrudlion to the Perfons before whom fuch Examinations are taken to examine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in the Right of which they voted at the Eledlion and that they return the Depofitions they fhall take
either
;

to the next Seffion of Affembly.

Place
eral

That the Petitioner give to the fitting Member 10 Days Notice when and where he intends to examine his Witneffes, alfo a Lift
of Exception
;

of the
in

Time and
the fev-

Writing of the

Names

of the Voters he intends to except to, diftinguifhing againft each

Name

Heads

that the fitting

Member do

the like to the Petitioner, and that

the further Confideration of the faid Petition fhould be referred to the next Seffion of

Affembly.

had had under their Confideration the Petition of the faid M"' Clack, to them referred; and had come to feveral Refolutions thereon, which were read, and agreed to by the Houfe, as follows That the Perfons who voted at the faid Eledlion, whofe Freeholds are queftioned either by the Petitioner or fitting Member, be examined on Oath before John Willis, Nathaniel Edwards, Nicholas Edmunds, Drury Stith and John Maclin, of the County of Brunfwick, Gentlemen, or any three of them, whether they be Freeholders or not, except fuch of them as did fwear to their Freeholds at the faid Eledlion That the Petitioner and fitting Member be at Liberty to examine Witneffes before the fame Perfons, as to the Freehold of any Perfon who voted at the faid Eledlion, although fuch Perfons fwore to their Freeholds at the Eledlion, or fhall fwear to them at the Examination and that it be an Inftrudlion to the Perfons before whom fuch Examinations are taken to examine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in Right of which they voted at the Eledlion and that they return the

The

faid Committee alio reported that they

Time and Place Writing Witneffes, alfo a Lift in of the Names examine his intends to he where when and each Name diftinguifhing againft the feveral Heads of the Voters he intends to except to, of Exception that the fitting Member do the Hke to the Petitioner, and that the further Confideration of the faid Petition fhould be referred to the next Seffion of Affembly. And the faid Committee aKo reported that they had had imder their Confideration the Petition of the faid M"' Peyton to them referred, and had come to feveral Refolutions thereon, which were read, and agreed to by the Houfe, as follows: That the faid Petition be examined into before the Committee of the next Seffion That the Petitioner do fome Time before the next Seffion of Affembly Affembly: of
;

Depofitions they fhall take to the next Seffion of Affembly. That the Petitioner give to the fitting Member 10 Days Notice of the

give to the fitting

a Lift in Writing of the Names of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads of Exception that the fitting Member do the like to the Petitioner, and that the further Confideration of the

Member

be referred to the next Seffion of Affembly. of M'' William Peachey, fetting forth that he entered into the SerMemorial That a vice of this Colony as an Officer in the Regiment in September 1755, and continued in the Service tmtil February 1760, during which Time, and efpecially the 2 laft Years, he fpent a great deal more Money than the whole Amount of his Pay, which was not fufficient to fupport him in the Rank of the Commif fion he bore and praying the Confideration of the Houfe therein, was prefented to the Hotife and read, and referred to the Confaid Petition fhould
;

fideration of the next Seffion of Affembly.

That

[75]
That the Houfe being informed that Howfon Hooe, Gentleman, Sheriff, and Levin Sub Sheriff, of the County of Prince William, did, in the Execution of their faid Office, at the late Eledlion of Burgeffes for the faid County, behave in moft Inftances of their Condudl, throughout the whole Eledtion, illegally and tinjuftly, contrary to the Tnift repofed in them, and a(5led with the greateft Partiality in taking the Poll the faid Information was referred to the Confideration of the Committee of Privileges and Eledlions, to examine into the Allegations thereof, and report the fame with their Opinions thereon, to the Houfe and that no Report has been made thereon. Alfo a Petition of fundry Inhabitants of the Parifh of Truro, in the County of Fairfax, in Oppofition to a Petition for dividing the faid Parifli, was prefented to the Houfe and read, and referred to the Confideration of the next Seffion of Affembly. That a Petition of fundry Inhabitants of the upper Part of the County of King and Queen, praying that the faid County may be divided, and Part thereof added to the County of Caroline, by certain Lines therein particularly expreffed. Alfo a Petition of fimdry Inhabitants of the Coxmty of Effex, praying that an Adl may pafs for eftablifhing a Town on the Land of Thmnas Ley, near Leyton's Warehoufe, in the faid County; were feverally prefented to the Houfe and read, and referred to the
Powell,
; ;

Confideration of the next Seffion of Affembly.

That the feveral Claims of William Tomlinfon, Benjamin Clark, John Ptdliam, Thomas Lane, AbelStears, William Simp fon, John Chiles, James Swain, Michael Thomas, Thomas Fitzpatrick, Thomas Chew, William Ball, John Mallory, Levin Powell, Affignee of William Atterbury, Richard Oglefhy, John Gladdin, Nathaniel Crawley, Charles Reeves, William Symmonds, Jofeph Warwick, Samuel Meredith, Humphrey Burdett, Martin Vatighan, John Miller, Jimior, Jofias Plunket, Thomas Smith, Ambrofe Bullard, Samuel Allen, Thomas Lloyd, Charles Burton, Jeffe Burton, Almorene Bryan, Conftantine Rock, Daniel Coleman, Zachariah Taylor, Thomas Toombs, William Hicks Rogers, William Hicks, Henry Collier, Thomas May, John Pride, Richard Jones, William Pegram, Thomas Monday, Ambrofe Greenhill, William Keeling, John Vance, John Camp, Executor of George Camp, and John Coles, for taking up Runaways, and for fundry publick Services, were prefented to the Houfe and received, and referred to the Confideration of the next Seffion of Affembly.

appears to this Committee that all fuch Propofitions and Claims as were certified to the 3 laft Seffions of Affembly were referred to the Confideration of this prefent General-Affembly. Ordered, That the Petition of James Wallace, complaining of an undue Election and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for
It alfo

the County of Elizabeth City; aKo the Petition of M'' John Leigh, complaining of an tindue Eledlion and Return of M'' Peter Legrand to ferve as a Burgefs in this prefent General-

Affembly for the County of Prince Edward; alfo the Petition of M"" John Clack, complaining of an undue Eledlion and Return of M^Ifaac Row Walton to serve as a Burgefs in this prefent General Affembly for the County of Brunfwick ; and the Petition of M'' Henry Peyton complaining of an undue Election and Return of M'' Henry Lee to ferve as a Burgefs in this prefent General Affembly for the County of Prince William; feverally mentioned in the faid Report, be referred to the Committee of Privileges and Eledlions That all publick Claims referred from the feveral Seffions of Affembly, in the faid Report expreffed, to the Confideration of this Seffion of Affembly alfo the Petition of M"' William Peachey, therein fet forth be referred to the Committee of Claims. That the Petition of fundry Merchants on Rappahannock River, praying that a late Adl of Affembly for eftablifhing the Rates of Pilotage, which expired fome Time ago, alfo mentioned in the faid Report, be referred to the Committee of Trade and that the feveral Propofitions therein mentioned, referred to the Confideration of this Seffion of Affembly, be referred to the Committee of Propofitions and Grievances. A Petition of fundry Inhabitants of the County of Southampton, fetting forth that it will be very convenient for great Part of the Inhabitants of the faid County, Nanfe, ;

mond

76]
Number
of the Inhabitants of

mond and
lina,

I fie of Wight, as well as to a great


if

North Caro-

a Bridge was erected over Nottoway River, at Colonel Landing; and praying that an A6t may pafs for that Purpofe. Jeffe Brown's Alfo a Petition of the Infpe(5lors of Conftance Warehoufe, in the County of Nantrading to this Colony,

femond, fetting forth that at the firft Eftablifhment of that Infpedtion their Salaries were fettled at ;30 per Annum, fince which Time their Bufmefs is greatly increafed; and praying the Hoiofe to make them fuch Satiffa(5lion as fhall feem reafonable. Alfo a Petition of the Infpedlors at Blandford Warehoufe, in the Cotinty of Prince George, fetting forth that their prefent Salary is not fufhcient to enable them to perform the Duty of their Office and praying fuch further Allowance may be made them as to
;

appear reafonable. Alfo a Petition of Thomas Wood, fetting forth that he lately contradted with the Veftry of St. Patrick's Parifh, in the County of Prince Edward, to build a Church for the faid Parifh, and had carried on the Building to a confiderable Amount, when by Accident it was burnt down, and totally deftroyed, which has reduced the Petitioner to great Diftrefs that the Veftry would very willingly relieve him, by making his Lofs a parochial Charge, were they empowered fo to do and prayng that an A<5t may pafs for that
this

Houfe

fhall

Purpofe.

and fundry Inhabitants, of the Town praying that an Adt may pafs to enlarge the Bovmds of the faid Town.
That a
Petition of the Truftees,

of Alexandria,

Alfo a Petition of the Infpe(5lors at Colonel Robert Boiling's Warehoufe, in the County fetting forth that the Quantity of Tobacco brought to the faid Warehoufe Dinwiddie, of and praying that is of late greatly increafed, and their Trouble of Courfe augmented
;

their Salaries

may be

enlarged.

Alfo a Petition of the Proprietors and Inhabitants of the Town of Blandford, in the County of Prince George, fetting forth that the faid Town fince its Eftablifhment, hath been confiderably improved, and would more and more improve, and the Trade thereof be greatly increafed, if Truftees were appointed for diredling and regulating the faid Town; the Proprietors obliged to build on their Lots, and the Inhabitants pre-

vented from railing and keeping Hogs at large within the Limits of the faid Town and praying that an Adt may pafs for that Purpofe, were feverally prefented to the Houfe,
;

and

read.

That the faid Petition be referred to the Committee of Propofitions and they examine into the Allegations thereof refpedlively and report the that Grievances fame, with their Opinions thereon to the Houfe. A Meffage from the Govemour was delivered by M"" Walthoe.
Ordered,
;

M''

Speaker,
the

am commanded by

Govemour

to

acquaint this Houfe that his

Honour is now ready

to receive their Addrefs in the Council Chamber.

Accordingly M"' Speaker, with the Hotife, went up; and being returned, reported that he, with the Houfe, had attended the Govemour in the Council Chamber, and prefented the Addrefs of this Hotife to him, to which he was pleafed to anfwer
M''

Speaker, and Gentlemen of the Houfe of Burgeffes,


Expreffioirs of Loyalty

and Fidelity to his Majefty give me the greateft Satifhearty Thanks; and I make no Doubt but your Affurmy you return which I fadion, for ances that your futtire Adions fhall be influenced by thefe Motives will be produdive of frefh Proofs of that Zeal in his Service for which your former Condud has obtained fo much Reputation and Honour.

Your

And

then the

Houfe adjourned

until

Tomorrow Morning

1 1

"'Clock.

77]

5atur6a?,

tl)e 6tl)

of

November, 3

(Beo,

III.

1762.

A
A

New A [ember having taken the Oaths appointed to be


inftead of the Oaths of Allegiance

the Oath of

taken by Adl of Parliament, and Supremacy, and taken and fubfcribed Abjuration, and alfo fubfcribed the Teft, was admitted to his Place

in the Hoiife.
M'' London Carter be added to the Committee of Privileges and Elecand Grievances, and Courts of Jtiftice M'' Parramore and M"' Thomas John foil to the Committee of Claims M"' N elfon to the Committee of Propofitions and Grievances M'' Henry Lee to the Committee of Propofitions and Grievances, and Courts of Juftice and M"' Btirwell to the Committee of Privileges and Ele(5lions. Several Claims of Gibb Chavis, Henry Batte, Jim. Thomas Harrifon, Robert Reeves and Ifaac Anderfon, for taking up Runaways therein mentioned, were feverally prefented to the Houfe and received, and referred to the Committee of Claims.

Ordered,

That

tions, Propofitions

Petition of fundry Inhabitants of Elizabeth City County, in Oppofition to a Peti-

Back River, at the Place in the faid Petition mentioned and praying that the faid Petition be rejedled, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they examine into the Allegations thereof, and report
tion for building a Bridge over
;

the fame, with their Opinions thereon, to the Houfe. A Petition of Robert Hunnicutt, of the County of Prince George, fetting forth that a Slave belonging to the Petitioner having committed a Murder was outlawed, and after-

wards

killed

by the

Nottozvay Indians

and praying to be allowed

for the faid SlaA-e,

was

prefented to the Houfe and read.


Ordered,

Claims

That the faid Petition be referred to the Confideration of the Committee of that they examine into the Allegations thereof, and report their Opinions there-

on to the Houfe. On a Motion made, Ordered, That Leave be given to bring in a Bill For the more effedtual keeping the pubHc Roads and Bridges in Repair and it is referred to M'' Bland and M' Landon Carter to prepare and bring in the fame. A Claim of John Williams, for taking up a Runaway therein mentioned. Alfo fundry Accounts from divers Perfons of the County of Bedford, for Provifions fumifhed the Militia drawn out into adtual Service, and for other Pttfpofes therein mentioned, were feverally prefented to the Hotife and received, and referred to the Confideration of the Committee of Claims. A Petition of James Callaway, of the County of Bedford, fetting forth that in the Year 1758 a Party of Cherokee Indians, on their Return Home from Winchefter, came into his Houfe, and forcibly took from thence a Rifle G\m, of the Value of 4, together with a Shot Bag, Powder Horn and a SnafBe Bridle, to the Value of 7 6s. and hath never received any Satiffadlion for the fame and praying the Houfe to take his Cafe into Confideration, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report their Opinion
;
.

thereon to the Houfe.

A Petition of Nicholas Davis, of the County of Bedford, praying that a Ferrj^ may be eftablifhed acrofs the Fluvannah River, from the Petitioner's Land, near the Mouth of Tuckahoe Creek, in the County of Bedford, to his Land on the Oppofite Shore, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they examine into the Allegations of the faid Petition, and report their Opinion thereon to the Hotife.
Ordered

78]
and Grievances be difcharged from

Ordered,

That the Committee

of Propofitions

proceeding any further in their Inquiry into the feveral Infpedlors Petitions for Increafe
of their Salaries,

and the Petitions do lie on the Table. Three Petitions of fundry Inhabitants of the Cotmties of Chefterfield, Dinwiddie, Amelia and Cumberland, fetting forth that they have laboured under the greateft Hardfhips from the Scarcity of Grift Mills, tm til they were relieved by the few lately built on the main Stream of Appomattox River; and as the late Adl of Affembly concerning Mill Dams, &c. has a Tendency to deprive the Petitioners the Advantage attending the Situation of the faid Mills, by obliging the Owners to cut their Dams, fo that in dry Weather they will be ufelefs, and deterring others from building Mills thereon, that no Fifh can be caught in the faid River but by Slopes or Mill Dams and fhould they be deftroyed, no Benefit can be obtained from the few Fifh in the faid River and praying that every Perfon keeping a Mill Dam, or Slope, may keep a Lock, to facilitate the Navigation of the faid River, allowing the Proprietors of the fame to take fuch Toll from loaded Canoes as may repay the Expenfes thereof, and that the former law may be repealed, was pre; ;

fented to the Houfe and read.


Ordered,
of Propofitions

That the faid Petition be referred to the Confideration of the Committee and Grievances that they examine the Allegations thereof refpedlively,
;

and report

their Opinion thereon to the Houfe.

And

then the

Houfe adjourned

until

Monday Morning

1 1

"'Clock.

ytionba'2,

tl)e Stl)

of November,

<Beo.

III.

1762.

ORDERED, That
tions,

M'' Woodbridge be added to the Committee of Privileges and Elecand Propofitions and Grievances. Several Claims of Peter Harwood, William Rankins and Henry Williams for taking up Runaways therein mentioned. Alfo fundry Accounts of William Ramfay, for Provifions fvunifhed the Militia drawn out into adlual Service; were feverally prefented to the Houfe and received, and referred to the Confideration of the Committee of Claims. A Petition of Jofeph Stewart and Michael Robin fon, Infpedlors at Royfton's Warehoufe, in the Town of Frederickfbiirg, praying that their Salaries may be augmented, was prefented to the Houfe and read, and ordered to lie on the Table. A Petition of Chriftopher Law fmi, of the County of Richmond, praying to be allowed for a Slave who was outlawed and killed, was prefented to the Hotife and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with

their Opinions thereon, to the Houfe.

On

made to his Honoiu" the Govemour that the Guard appointed for the Magazine in the City of Williamfburg be difcontinued, it being at this Time, in the Opinion of this Houfe, an unneceffary Expenfe to the Coimtry and that M"" Bland do wait on him with the faid Addrefs. Sundry Accounts from divers Perfons of the Counties of Augufta and Lancafter, for Provifions fumifhed the Militia drawn out into adlual Service, were feverally prefented
Ordered,
;

a Motion made, That an Addrefs be

to the Houfe and received, and referred to the Confideration of the Committee of Claims. On a Motion made. Ordered, That Leave be given to bring in a Bill For regulating the Fees and Charges
of Perfons practifing in Phyfick, Surgery and Midwifery, in this Colony; and it is referred to M"' Landon Carter and M'' Richard Henry Lee, to prepare and bring in the fame.

On

a Motion made.

That Leave be given to bring in a Bill For fettling the Boimds between the Parifhes of Martin Brandon and Briftol, in the County of Prince George; and it is referred to M' Bland to prepare and bring in the fame.
Ordered,
M*-

[79]
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had under their Confideration feveral Propofitions and Petitions from feveral Counties to them referred, and had come to feveral Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again twice read, and are as follow Refolved, That it is the Opinion of this Committee that the Petition of William Ingles, praying that a Ferry may be eftablifhed from his Land over the New River, in the County of Aiigufta, near the Dtmkers Bottom, to the oppofite Shore is reafonable. Refolved, That it is the Opinion of this Committee that fo much of the Petition of John Buchanan in Oppofition thereto, and praying that a Ferrs' may be eftablifhed from his Land over the faid River, about one Mile and a Half higher up than the Land of the

faid Ingles, in the faid County, be rejedled.

That it is the Opinion of this Committee that the Refidue of the Petition of the faid Johi Buchanan, praying that Ferries may be eftablifhed over the faid River, as well from his own Land as the Land of the faid William Ingles, and that they may both be obliged to clear and keep in Repair the Roads leading thereto refpedlively, at
Refolved,
their

own Expenfe, be

rejedled.

Refolved, That it is the Opinion of this Committee that the Petition of Thomas Wood praying that an Ad; may pafs to empower the Veftry of the Parifh of St. Patrick, in the County of Prince Edward, to levy Money on the Parifhioners of the faid Parifh, to make

him Satiffadlion for the Expenfes he has been at in building a Church, which was burnt down before it was finifhed, is reafonable. Refolved, That it is the Opinion of this Committee that the Petition of fimdry Inhabitants of the Coimties of Southampton, Nanfemond and I fie of Wight, praying that an Adl may pafs to appoint and empower Truftees to take and receive Subfcriptions for building a Bridge from the Land of Jeffe Brown, in the County of Southampton, over
Nottoway River,
Refolved,
is

reafonable.

it is the Opinion of this Committee that the Petition of John Bailey, Guardian of Jeremiah Garland Bailey, Son and Heir of Stephen Bailey, deceafed, and other Freeholders and Hoiofekeepers in the County of Weftmoreland, praying that an Aft may pafs for removing the publick Warehotifes on Yeocomico River, from the Place where they now ftand, to a Place called the New Landing, on the faid River is reafonable. Refolved, That it is the Opinion of this Committee that the Petition of fvmdrj' Inhabitants of the Cotmty of Hampfhire, praying that an Adl may pafs for eftablifliing a Town on the Land of the Right Hon. the Lord Fairfax, at a Place called Tucker's Plantation, in the faid Cotmty, is reafonable. Refolved, That it is the Opinion of this Committee that the Petition of fundry Inhabitants of the County of Effex, praying that an Adl may pafs for eftablifhing a Town on the Land of Thomas Leigh, an Infant, near Layton's Warehoiofe, in the faid County, be rejedted. Refolved, That it is the Opinion of this Committee that the Memorial of Colonel William Peachey, praying that he may be allowed fome Compenfation for the Expenfes of keeping a Table while he had the Command of the Frontier Battalion, in the Service of this Colony, is reafonable; and that he ought to be allowed the Sum of ;35o, as a

That

Satiffadtion for his faid Expenfes.

Refolved,

That

it is

the Opinion of this Committee that fo

much

of the Petition of

fundry Inhabitants of the Covinties of A^ew Kent and Charles City, praying that the Adl of Affembly, entitled. An Ad' concerning Strays, may be amended, is reafonable. The fix firft Refolutions being read a fecond Time, and the Queftion feverally put
that the Houfe agree thereto, Refolved in the Affirmative.

The

five laft

Refolutions being aKo read a fecond Time, and the Queftion put that

the Houfe agree thereto, It paffed in the Negative.


Ordered,

That the fame be recommitted to the

faid

Committee
Ordered

Hening, VI,

p. 133.

[8o]
in a purfuant to the and Refolutions. Ordered, That the Confideration of the Governor's Speech be put of until Tomorrow. A Petition of John Carlyle, fetting forth that Robert Dinwiddie, Efq late Govemour of this Colony, by Commiffion under the Seal of the Colony, bearing the Date the 27*^ Day of January, 1754, appointed the Petitioner Commiffary of Provifions and Stores for an Expedition then intended to the River Ohio, with full Power and Authority to appoint fuch and fo many Deputies to be aiding and affifting, for the more expeditious tranfporting the faid Provifions and Stores to the aforefaid Fort, as fhould be found expedient for the Service That he took on him the faid Office of Commiffary, and appointed one William Cox of Winchefter one his Deputies that the faid Cox ferved as fuch

Ordered,

That

it

be an

Inftru(5lion to the faid

Committee to prepare and bring

Bill or Bills

i", 4"^, 5"*

6'^,

until his ordinary

Wages amounted

to ;^35, which the Petitioner

hoped would have been


;

paid him by the Committee appointed to fettle and adjioft fuch Claims but by fome Means or other the Payment was negledled, and the faid Cox hath fmce brought Suit in the General Court, and recovered a Judgment againft him for the faid 35, and Cofts

amounting to 470 lbs. of Tobacco, and 505. and praying the Confideration of the Houfe, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims that they examine into the Allegations thereof, and report the fame with their Opinions thereon, to the Houfe. M' Bland, from the Committee of Privileges and Eledtions, reported that the Comm,ittee had had under their Confideration the Petition of M'' Henry Peyton, to them referred, complaining of an undue Eleftion and Return of M'' John Baylis and M'' Henry Lee to ferve' as Burgeffes in this prefent General Affembly for the County of Prince
of Suit,
;

William; and had come to the following Refolution thereon, which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the Houfe, as follows Refolved, That it is the Opinion of this Committee that the Matter of the faid Petition be examined into before the Committee on Tuefday the 30''' Inftant, and that in the mean Time as well the Petitioner as the fitting Member, be at Liberty to examine and take the Depofitions of fuch of their Witneffes refpe(5tively as are fick, infirm, or imable to travel, giving each other reafonable Notice of the Time and Place appointed for taking
the fame.

Bland alfo reported that the faid Committee had had imder their Confideration the Complaint againft Howfon Hooe, Sheriff, and Levin Powell, Sub Sheriff, of the faid County of Prince William, for Mal-Pradlices in the Execution of their Offices at the Election of Burgeffes for the faid County of Prince William, and had come to a Refolution
M''

thereon.
Refolved, That the Matter of the faid Information be heard before the Committee on Tuefday the 30''' Inftant. And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.

Buesda]?.

tl)e 9tl)

of November. 3 (Beo. Ill 1762.

Claim of Martin Harding, of the County of Fauquier, for Provifions fumifhed fundry tributary Indians. Alfo 2 Accounts of James Gunn, for the fame Service. Alfo an Account of John Camp, Executor of George Camp, deceafed, for Provifions fumifhed by the Teftator for fimdry tributary Indians, by Order of his Honour the Govemour, were feverally prefented to the Houfe, and received. Ordered, That the faid Claim and Accoimts be referred to the Committee of Claims that they examine into the Allegations thereof, and report the fame, with their Opinions thereon, to the Houfe.

Sundry

[8i

Sundry Claims of George Murrell and William Trotter, Hugh Mofs, Gerard Ellyfon, John Carter, Zachariah Allen, Edward Cary, William Harrifon and Mofes Dorden, for taking up feveral Runaways therein mentioned, were prefented to the Houfe and read, and referred to the Confideration of the Committee of Claims. A Petition of Henry Williams, fetting forth that in the Year 1760 he enhfted (under recruiting Inftrucftions from his Honour the Govemour) 20 Men, to each of whom he advanced the Botmty of ,\o, allowed by Law; that 4 of the faid Recruits were refufed, for whom the Paymafter hath refufed to reimburfe the Botmty, and the Charges attending the raifing and fubfifting the faid 4 Men and praying the Confideration of the Houfe therein, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
;

their Opinions thereon, to the Houfe.

A
may

Petition of fundry Inhabitants of the


eftabliflied

be

Coimty of Amherft, praying that a Ferry over the Fluvannah River, from the Land of Cornelius Thomas, near

Mill Creek, on the North Side of the faid River, to the


oppofite Shore.
Ordered,
of Propofitions

Land

of Nicholas Davis,

on the

That the faid Petition be referred to the Confideration of the Committee and Grievances; that they examine into the Allegations thereof, and

report the fame, with their Opinions thereon, to the Houfe.

On

a Motion made.

Ordered,

ers of Veffels, taking in

That Leave be given to bring Tobacco or Freight


fail

in a Bill

in this Colony, to

To oblige all Captains or Commandmake Publication of the


;

Freight they fhall

at before their Loadings fhall be obtained

and

it is

referred to M""

London Carter to prepare

and bring

in the fame.

Keepers and Freeholders of the Town of York, fetfor regulating Ordinaries, and Reftraint of Tippling Honfes, as it now ftands, is becoming grievous and burthenfome, laying the Petitioners under a Neceffity either of affronting their beft Cuftomers, and thereby lofing their Bufinefs, or being in Danger of Ruin by the Lofs of their Debts, which they can neither hinder others from contradting with them, nor afterwards receive by a due Cotufe of Law and praying that the faid Adl may be amended, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they do examine into the Allegations thereof, and report the fame, with their Opinions thereon, to the Houfe. Simdry Accounts for Provifions and other Neceffaries fumifhed the Forces in the Service of this Colony, and for tributary Indians, in their marching through the Coimtry, were prefented to the Houfe and read, and referred to the Confideration of the Committee
Petition of feveral Ordinary

ting forth that the A(5t, entitled,

An Ad

'

of Claims.

be allowed for a Horfe fhot by the Cherokee Indians in the Year 1759, on their March down to Fort Cumberland, valued at
"],

Petition of Urfilla Rogers, praying fhe

may

of

was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee Claims that they do examine into the Allegations thereof, and report the fame, with
;

their Opinions thereon, to the Houfe.

Petition of Robert

M'Coun,

late a Soldier in the Virginia

Regiment, praying an

Allowance

may be made him

for the Lofs of his

Arm,

in the Service of this Colony,

was

prefented to the Houfe and read.

That the faid Petition be referred to the Confideration of M'' Cary and M'' Fleming; that they do examine into the Allegations thereof, and report the fame, with
Ordered,
their Opinions thereon, to the Hovife.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had tmder their Confideration divers Propofitions and Petitions from

feveral

Hening, VII,

p. 595.

[82
feveral Counties, to
;

them referred and had come to feveral Refolutions thereon, which he read in his Place, and then delivered in at the Table, where they were again twice
and are as follows Refolved, That it is the Opinion of this Committee that the Petition of fimdry Inhabitants of the County of Effex, praying that an A<5t may pafs for eftablifhing a Town on the Land of Thomas Lee, an Infant, near Layton's Warehoufe, in the faid County, be
read,
reje6ted.

Refolved, That it is the Opinion of the Committee that fo much of the Petition of fimdry Freeholders and Inhabitants of the Counties of Chefterfield, Dinwiddie, Amelia and Cumberland, praying that every Perfon keeping a Mill Dam or Slope on the River Appomattox may be obhged to keep a Lock therein, to facilitate the Navigation of the faid River and that the Adl of Affembly made in the firft Year of his prefent Majefty's Reign, entitled. An Ad' to oblige the Owners of Mills, Hedges, or Stone Stops, to make Openings or Slopes therein, for the Paffage of Fifh, may be repealed, be rejedled. Refolved, That it is the Opinion of this Committee that the Refidue of the faid Petition, praying fuch other Relief as may be moft for the Advantage of the Publick, and their Eafe, is reafonable; and that the faid Adt, entitled, An Ad' to oblige the Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make Openings or Slopes therein, for the Paffage of Fifh, ought to be amended. Refolved, That it is the Opinion of this Committee that fo much of the Petition of fundry Inhabitants of the Counties of New Kent and Charles City, praying that the Adt of Affembly, entitled, An Ad^ concerning Strays, be amended, is reafonable. Refolved, That it is the Opinion of this Committee that the Petition of fundry Inhabitants of the Parifh of Accomack, praying that the faid Parifh may be divided, by a Line to be run acrofs the Middle of the Covmties, from Sea to Bay, is reafonable. Refolved, That it is the Opinion of this Committee that the Petition of fundry other Inhabitants of the faid Parifh, in Oppofition thereto, be rejedled. M'' Attorney aKo reported that the faid Committee had had under their further Confideration the Memorial of Colonel William Peachey, to them recommitted, reprefenting That he had been engaged in a military Life, in the Service of this Country, from September in the Year 1755, which was foon after the tmhappy Defeat of General Sraddock; from which Time, imtil February 1760, he faithfully ferved, for the Truth of which he appeals to his Commanding Officers And that it was not his Fault that he did not continue in the Service, having offered his Service as foon as he imderftood that 700 Men were to be raifed for the Cherokee Expedition but being told there would be no Vacancy above a Captaincy, he could not accept of fuch a Commiffion, having ferved in a much
;

higher Rank. That during the Time he was in the Service his Affairs fuffered much at home, either through Negligence or Mifmanagement. That the Nature of the Service in which he was generally engaged, efpecially the 2 laft Years, was fuch as made it impoffible for him to fubfift on his Pay, and appear in the

Rank he bore.
That
of his faid Service

Time

for his following Ref olution thereon

was confiderably impaired, and he fuffered great Loffes, dixringthe and praying fuch Reparation of his Loffes, and Compenfation extraordinary Expenfes, as may be thought reafonable and have come to the
his Eftate
; ;

as

That it is the Opinion of this Committee that the faid William Peachey the Stmi of 350, for extraordinary Services and Expenfes. allowed ought to be The fix firft Refolutions being read a fecond Time, and the Queftion feverally put that the Hotife agree thereto,
Refolved,

Refolved in the Affirmative.

The
"

Hening, VII,

p. 409.

J^id.,

VII, p. 409

'

Ibid.,

VI, p. 133.

[83]
The
laft

Refolution, refpedling Colonel William Peachey's Allowancce being alfo

read a fecond Time, and the Queftion put that the Houfe agree thereto, It paffed in the Negative.

On

Refolved,

a Motion made, That the faid Colonel William Peachey be allowed

Year's Pay, in Concarry-

fideration of his paft Services.

Ordered,
it

That the

faid Refolve

be engroffed, and that

M"'

Landon Carter do

up

to the Council for their Concurrence.

Cary, from the Committee of publick Claims, reported that the Committee had had under their Confideration the Petitions of Robert Hunnicutt and Chriftopher Lawfon, to them referred and had come to feveral Refolutions thereon, which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed
M*;

to

by

the Houfe, as follows

That the Allegations of the Petition of the faid Robert Hunnicutt are true, and that he ought to be allowed the Simi of 4$, for the Slave in his faid Petition menRefolved,

tioned.
Refolved,
true,

That the Allegations of the Petition of the faid Chriftopher Lawfon are and that he ought to be allowed the Stmi of ;8o, for the Slave in his faid Petition

mentioned.
Ordered,

That

it

be an Inftrudlion to the Committee of Claims to make the feveral

Allowances in the Book of Claims, agreeable to the faid Refolutions. A Petition of fvmdry Inhabitants of the Counties of Dinwiddie, Amelia, Brunfwick, Lunenburg and Halifax, praying that a new Infpedlion of Tobacco may be eftablifhed on the Land of Robert Boiling, Gentleman, between the Towns of Peterfburg and Blandford, which will have every poffible Advantage of a fine Situation, a good Road, and very convenient to a fafe Landing, and that an Adt may pafs for that Purpofe, was prefented
to the
of

Houfe and read. That the faid Petition be referred to the Confideration of the Committee Propofitions and Grievances; that they examine into the Allegations thereof, and
Ordered,

report the fame, with their Opinions thereon, to the Houfe.

The Order
Ordered,

of the

Day

being read for the Houfe to take into Confideration the Govoff until

emour's Speech.

And

then the

That the Confideration of the faid Speech be put Houfe adjourned until Tomorrow Morning 1 1

Tomorrow.

"'Clock.

W^bmsba^,

tl)e

lOtb of November, 3 (Beo. Ill 1762.

Member returned upon a new Writ, having taken the Oaths appointed to be taken by Adl of ParHament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, was admitted to his Place in the Houfe. Two Claims of James Tomlinfon and William Hunter, for taking up Runaways therein mentioned, was prefented to the Houfe and received, and ordered to be referred

Committee of Claims. Alfo an Account of Cary Seldon, for 4 Years Pay as a Lookout, was prefented to the Houfe and received. Ordered, That the faid Accoimt be referred to the Confideration of the Committee of Claims that they examine into the Allegations thereof, and report the fame, with their
to the
;

Opinions thereon, to the Houfe. On a Motion made, Ordered, That M"" Lee have Leave to withdraw his Petition, complaining of an imdue Eledlion and Return of M"- LeGrand, to ferve as a Burgefs in this prefent General Affembly for the County of Prince Edward; and that the Committee of Privileges and Elections be dif charged from proceeding any further on the faid Petition.

M'

84]

M'' Bland prefented to the Hoiife, according to Order, a Bill For the more effedlual keeping the pub lick Roads and Bridges in Repair; and the faid Bill was read the firft Time, and ordered to be read a fecond Time. M"'
all

London Carter

alfo prefented to the Houfe, according to Order, a Bill

To

oblige

Captains or Commanders of Veffels, taking in Tobacco on Freight in this Colony, to make Publication of the Freight they fliall fail at before their Loadings fhall be obtained
firft Time, and ordered to be read a fecond Time. the Infpedlors Three at Rocky^ Ridge, John Boiling's and Ofhome's Warehoufes, praying that their Salaries may be increafed, was prefented to the Houfe

and the

faid Bill

was read the

Petitions of

and

read.

Ordered,

That the
of the

faid Petitions

do

lie

The Order

Day

being read for the

on the Table. Houfe to take into Confideration the Gov-

emour's Speech, Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech. Ordered, That the feveral Letters laid before the Houfe, by the Governour's Direction, be referred to the Confideration of the faid Committee. Then the Houfe refolved itfelf into a Committee on the faid Speech and Letters; and after fome Time fpent therein M'' Speaker refumed the Chair, and M'' Attorney reported that the Committee had had the faid Speech and Letters tmder their Confideration, and had come to feveral Refolutions thereon, which they had directed him to report to the Houfe; and he read the fame in his Place, and then delivered it in at the Table, where the fame was again twice read, and agreed to by the Houfe, as follows: Refolved, That the Gold Coin of the Empire paffing in this Colony ought to be regulated. Refolved, That the AA of Affembly made in the 4'^ Year of the late Queen Anne, entitled, An Ad' declaring the Negro, Midatto and Indian Slaves, within this Dominion, to he real Eftate, which was afterwards explained by one other Adt, paffed in the i '' Year of the late King's Reign, entitled. An Ad' to explain and amend the Ad for declaring the Negro, Mulatto and Indian, Slaves, within this Dominion, to he real Eftate, oaght to be
repealed.
Refolved,

declaring
Eftates,

That the Adl, entituled. An Ad^ for the Diftrihution of Widows Rights to their deceafed Hufhands Eftates, and for That a
Bill or Bills

Inteftates Eftates,

fecuring Orphans

ought to be amended.

Ordered,
it is

referred to M"' Attorney, M'' Wythe,


in the fame.

be brought in purfuant to the faid Refolutions and 'W Bland and M"' Richard Henry Lee, to prepare
;

and bring
M''

Attorney aKo informed the Houfe that the Committee, not having
fit

Time

to go

through the Governour's Speech, had direded him to move for Leave to
Refolved,

again.

That this Houfe will again refolve itfelf into a Committee on the faid Tomorrow. Speech M'' Gary, from the Perfons to whom the Petition of Robert M'Coun was referred, reported that they had examined into the Allegations thereof, and fotmd the fame to be true, and have come to the following Refolutions thereon which he read in his Place, and then deUvered it in at the Table, where it was again twice read, and agreed to by the
;

Houfe, as follows

That the faid Rohert M'Coun be allowed by the Publick the Sum of 10, and the further Sum of $ per Annum during Life, in ConfideraArm, and in Reward for his Services. of his Lofs tion of the Ordered, That M"' Wilfon and M'' Baffet be added to the Committee of Propofitions and Grievances, M'' Gray and M'' Baylis to the Committee of Claims, and M'' Baylor to the Committees of Privileges and Eledlions, and Propofitions and Grievances. A Claim of Adrian Anglin, for taking up a Rimaway therein mentioned. Alfo feveral Militia and Indian Accoimts, from the County of Buckingham, were feverally prefented to the Houfe and received, and referred to the Confideration of the
Refolved,
for his prefent Relief,

Committee

of Claims.

And
"

then the

Houfe adjourned

until

Tomorrow Morning

1 1

"'Clock.

Hening,

III, p. 333.

'

Ibid.,

IV, p. 222.

Ibid.,

IV, p. 222.

[85]
Bl)ur56ar.
tl)e

UtI) of

November. 3

(Beo.

III.

1762.

MR
by
for

Cary, from the Committee of Claims, reported that the Committee had had under their Confideration feveral Petitions to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to
;

the Houfe, as follows

Refolved, That the Petition of John Carlyle, Commiffary of Provifions and Stores an Expedition to the Ohio, to be reimburfed a Judgment and Cofts recovered againft him by William Cox, his Deputy, be rejedled. Refolved, That the Petition of Henry Williams is reafonable and that he ought to be allowed the Sum of ^?>. its. to reimburfe him the Bovinty Money and Subfiftence of 4 Recruits enlifted by him for the Cherokee Expedition, and delivered at the Place of Rendezvous, where they were refufed by the then Commanding Officer it appearing to this Committee the faid Recruits were agreeable to the faid Officer's recruiting
;

Inftrudlions.

Refolved,

Cherokee Indians,
faid Horfe.

That the Petition of Urfilla Rogers, to be allowed for a Horfe fhot by the is reafonable and that fhe ought to be allowed the Simi of 'j for the
;

Refolved, That the Petition of James Callaway, to be allowed for Goods ftolen from him by the Cherokee Indians, be rejedled. Ordered, That it be an Inftrudlion to the Committee of Claims to make the feveral Allowances in the Book of Claims, purfuant to the 2"^ and 3^* Refolutions. M'' Benjamin Harrifon, from the Committee of Trade, reported that the Committee had had under their Confideration the Petition of fundry Merchants on Rappahannock River, to them referred, complaining that they are greatly impofed on by Pilots exadling exorbitant Fees, and praying that an Adl may pafs for regulating the Rates of Pilotage, and had come to the following Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the
;

Houfe, as follows

That the faid Petition is reafonable. Ordered, That a Bill or Bills be brought in purfuant to the faid Refolution, and it is referred to the Committee of Trade to prepare and bring in the fame. A Petition of John Buchanan, praying to be allowed fome Compenfation for his Services in purchafmg Provifions in the Year 1759, by Order of Capt. Read, for a Niimber of Cherokee Indians then coming down to Augufta, having never received any Satiffadlion
Refolved,
for the fame.

for Provifions

Alfo feveral Claims of fundry Inhabitants of the Counties of Bedford and Amelia, and other Neceffaries fumifhed the Militia of the faid Counties, ordered out into adlual Service, were feverally prefented to the Houfe and received.
Ordered,

That the

faid Petition

Committee

of Claims; that they

and Claims be referred to the Confideration of the examine into the Allegations thereof, and report the

fame, with their Opinions thereon, to the Houfe. The Order of the Day being read for the Houfe to refolve itfelf into a Committee, to take into their further Confideration the Govemour's Speech.
Refolved,

That

this

Houfe

will again refolve itfelf into the faid

Committee on Tuef-

day next.

And

then the

Houfe adjourned

until

Tomorrow Morning

11 "'Clock.

[86]
IFviba^, t^e I2tl) of !5tovember.

<Beo.

III.

1762.

Bland prefented to the Hoiife, according to Order, a Bill For fettling the Boiinds between the Pariflies of Martin's, Brandon and Briftol, in the County of Prince George; and the fame was read the firft Time, and ordered to be read a fecond Time. M'' Attorney, from the Committee appointed, prefented to the Houfe according to Order, a Bill To empower the Veftry of the Parifhes of St. Patrick, in the Cotmty of Prince Edward, to levy for Thomas Wood a reafonable Satiffadion for his Expenfes in building a Church there, which was burnt down before it was finifhed; and the fame was read the firft Time, and ordered to be read a fecond Time. M"" Bland, from the Committee of Privileges and Elections, reported that the Committee had had tmder their further Confideration the Petition of M'' James Wallace, complaining of an tmdue Eledtion and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for the Coimty of Elizabeth City, and had fully heard as well the Petitioner as the fitting Member by his Counfel and had agreed on a Report,
;

MR

and come to feveral Refolutions thereon, as follow Your Committee beg Leave to inform the Houfe that
Parifh,

it

appears to them that Signe

who voted

for the fitting

Member

at the faid Elections,

on the

3"^

Day

of

May,

1759, held 25 Acres of Land in the faid Coimty, but had on that Day agreed to convey to Edward Parifh about 6 Acres thereof, for the Confideration of 40, and gave his Bond to the faid Edward Parifh, in the Penalty of 80, for that Purpofe, and put him in Poffef fion thereof and it was at the fame Time agreed between them that the faid Signe Parifh might take Poffeffion of the faid 6 Acres of Land, at any Time within 3 Years, on making good Title to the faid Edward of any other 6 Acres of the faid Land, or forfeiting the Penalty of his Bond whenever he oufted the faid Edward Parifh: That the faid Edward Parifh paid 10, Part of the faid 40, the Confideration Money, and lived in a Houfe on the faid Land 2 Years, and had been in Poffeffion near 3 Years before the faid Eledtion but that the faid Signe Parifh hath conftantly paid the Quitrents It aKo appears that the faid Signe Parifh hath fwom that he for the whole 25 Acres.
; ;

27

would not have taken the Oath prefcribed by Law at the Time of his giving his Vote at the faid Eledlion, giving his Reafon that as he had agreed to convey 6 Acres of the faid Land to the faid Edward Parifh, he was dubious whether he had a Right to vote, having received ; 10 of the Confideration Money as aforefaid, and allowed 3 Years for

Payment

of the Refidue.

Refolved,

That

it is

the Opinion of this Committee that the faid Signe Parifh had

no Right to vote for Burgeffes at the faid Election. It alfo appears to your Committee that Samuel Dewberry, Father of Samuel Dewberry,

who voted for the fitting Member at the faid Eledlion, held a Tradl of Land in the faid County of Elizabeth City, in Right of his Wife, Mother of the faid Samuel the younger, on whom it was entailed, containing about 190 Acres; and that a few Years before the faid Eledtion, on the Marriage of the faid Samuel the younger, his faid Mother
Jimior,

being then dead, his Father made him a verbal Gift, and put him into Poffeffion of about 145 Acres, Part of the faid 190 Acres, on Condition that he would build on and improve the fame, which he had accordingly done, and has ever fmce paid Quitrents for the fame, and hath aKo leafed out a Tenement on Part of the faid Land, and received the Rents for the fame That the faid Samuel Dewberry the elder had no other Lands in the faid County, and that both he and his faid Son voted at the faid Eleftion in Right of their
;

refpe(5live

Parts of the faid 190 Acres. Refolved, That it is the Opinion of this Committee that the faid Samuel Dewberry the yoimger had no Right to vote for Burgeffes at the faid Eledtion. It likewife appeared to your Committee that James Cunningham-, who voted for the fitting

Member

at the faid Eledtion, gave his Vote in Right of his Wife's

Dower

of

and

[87]
and in a certain undivided Tradl of Land, of which her former Hufband Bertrand Servant had died feized and poffeffed: That James Servant, Father of the faid Bertrand died
County, the Quantity whereof is unknown, which defcended to the faid Bertrand Servant, his Heir, who afterwards intermarried with Elizabeth, now the Wife of the faid James Cunningham; and in his Lifetime he fold 95 Acres, Part of the faid Lands, to Robert Brough; and loo Acres of her Part thereof, to Gary Seldon; and 40 Acres, of her Part of the fame Traft, to one John Bennet; and died feized of the Remainder, having by his Will ordered it to be fold by his Widow and
in the faid

inteftate, feized of a Tradl of

Land

and fhe having renoimced the Will, Adminiftrawas committed to the faid Robert Brough, who fold 48 Acres of the faid Land to one William Naylor, at two different Times, and the Remainder he refer\xd for the faid Widow's Dower, the faid Land not being then divided and that the faid Elizabeth, the Widow having afterwards intermarried with tlie James Cunningham, ever fmce hath lived, and ftill doth hve, in the Manfion Hoiofe on the faid remaining Part of the faid Land, but how many Acres that Remnant may contain is uncertain, though it appears that on an Inquiry made by the faid Robert Brough of the Surveyor of the faid County, what Number of Acres he thought was left, the Surveyor was of Opinion there were as many Acres left as had been laid off for the faid Naylor: It further appears that the Under Sheriff of the faid County being afked, fome fmaU Time before the Eledlion, how many Acres the faid Servant had paid Quitrents for, he anfwered 73, as appeared by the Rent-Roil; and it being thereon remarked by a By Stander that then there were but 23 Acres left for the Widow, the faid Robert Brough replied there were 25 remaining for her Dower, which for that Purpofe he had referved, and of which the faid Cunningham and his Wife were then poffeffed, though it alfo appears that the faid Robert Brough afterwards acknowledged that the faid Widow's Dower was never laid off, and that he judged of the Quantity by Guefs. Refolved, That it is the Opinion of this Committee that the faid James Cunningham had a good Right to vote for Burgeffes at the faid Eledlion. It ftuther appeared to your Committee that David Davis, who alfo voted for the fitting Member at the faid Eledlion, was in Poffeffion of Part of a Lot which had been given him about fifteen Years before by his Brother William Davis, on Condition of his good Behaviour to him and his Family, with a Piece of Writing (but what it was, doth not appear) which the faid William Davis faid he only intended to fecure him if he complied with the faid Condition, but that he never had it recorded, giving for Reafon that the faid David had not complied with the faid Condition That the faid David had built a Hotife on the faid Groimd, which coft about SS' ^^'^ had been in Poffeffion thereof about 15 Years; but the faid William Davis fwears it was againft his exprefs Defire and Diredlions from 4 or 5 Years after Poffeffion, having frequently ordered him out, if he did not pay Rent for it It aKo appears to yoiir Committee that the faid David Davis was for fome Years before the faid Eledlion in Poffeffion of a Piece of a Lot in the faid Town, which was conveyed to him by one Thomas Cooper, adjoining the abovementioned Houfe and Lot he then lived on, whereon is a little Houfe 6 Feet by 4, not framed, but pofted in the Ground, having Rafters on one Side only, and covered in, but the Boards on the Sides of it are moftly torn off, and it is in a ruinous Condition It alfo appears that the faid David Davis had built a Shed to his Houfe, which flood on the Groimd he purchafed of the faid Cooper, which on the Day of the faid Eledlion was
Executrix, for
of his

Payment

Debts

tion of his Eftate, with his faid Will annexed,

in a ruinous Condition.

That it is the Opinion of this Committe that the laid David Davis had a vote for Burgeffes at the faid Eledlion. Right to good It aKo appeared to your Committee that William Skinner, who likewife voted for the fitting Member at the faid Eledlion, was in Poffeffion of a Half of a Lot in the faid Town; and that on the Saturday before the faid Eledlion he purchafed a fmall tight framed Houfe, of the Dimenfions of 10 feet by 8, and had the fame removed and placed on his faid Groimd, on Purpofe (as he acknowledged) to quaUfy him to vote at that Eledlion, and was to pay for it, whatever it fhould be valued to It further appears that
Refolved,
:

the

[88]
remains on the faid Ground, and is now tifed by one William Mitchell as a Stable, and that when he purchafed it he faid he intended to fettle and build on his faid Lot; and that as Ward (the Perfon of whom he had bought the faid Houfe) owed him fome Money, the Price of the Houfe fhould be difcoimted out of it on a Settlement and that when he bought it, he intended to make ufe of it as a Kitchen, Smoke Houfe, or fome other neceffary Houfe It alfo appears that the faid Ward and his Wife faid they expedled the Houfe would be returned them to fmoke their Meat in, and that the faid Skinner has, fmce the Eleftion, publickly faid he had lent the faid Ward 2 s. which he had repaid him, and that it was done vmder a Sham. Refolved, That it is the Opinion of this Committee that the faid William Skinner had a good Right to vote for Burgeffes at the faid Eledlion. It further appears to your Committee that Thomas Payne, who likewife voted for the fitting Member at the faid Eledtion, was poffeffed of a Part of a Lot in the faid Town and that on the Saturday before the Ele(5lion he purchafed of one Mary Almond, for the Value of 10 s. a fmall Houfe, about 4 and Half Feet Pitch, 4 or 5 Feet long, and 2 or 2 and a Half Feet wide, floored or laid with Plank in the midft of its Height, to put MiUcpans, or other Things, on and that he had the fame removed in a Cart, with one Horfe, with the Affrftance of 7 or 8 Men, and placed on his faid Lot, on Purpofe (as he acknowledged) to qualify him to vote at that Eledlion, and that he held no other Land in the faid County: It further appears that the faid Thomas Payne, fome Time afterwards, went to Sea and that the faid Mary Almond, being in Doubt whether fhe fhould get her Money of him for the faid Houfe, had the fame removed home again. Refolved, That it is the Opinion of this Committee that the faid Thomas Payne had
the faid Houfe
ftill
;
: ; ;

no Right to vote for Burgeffes at the faid Eledlion. It alfo appears to your Committee that William Tucker, who likewife voted
fitting

for the

Member

at the faid, Eledlion, was, at the

Time

of his giving in his Vote, in his

perfedl Senfes,

which

is

plain from his inquiring of the Perfon that

was fent

for

him

to attend the Eledtion who was ahead, and being anfwered that the fitting Member was behind, he immediately called for his Stick, and on his Way to the Court Houfe, having dropped one of his Shoes, he defired to be fet down in the Chair in which he was

put on again, and that when at the Court Houfe he gave his Vote Member and one John Jones, and repeated it, though in a low Voice; and that his Vote was not then objedled to, although it does appear, from the Teftimony of 3 feveral Witneffes, that for 7 or 8 Years palt the faid Tucker has been generally reputed not to have been in his proper Senfes, and incapable of buying, felling, or making any Contradl that he hath fometimes met with his old Acquaintances, whom he hath not known, and particularly met with one William Face in the Street, invited him home with him, and when he was there afked him who he was. Refolved, That it is the Opinion of this Committee that the faid William Tucker had a good Right to vote for Burgeffes at the faid Eledlion. It ftirther appears to your Committee that John Buck, who voted for the Petitioner at the faid Eledtion, held 133 or 134 Acres of land in the faid Coimty, in Right of his Wife and that he had before the faid Eledtion fold about 100 Acres of the fame, more or lefs, to one Mary Roberts, and afterwards fold 1 5 Acres more of the fame Land to his Father Benjamin Buck, and received Part of the Confideration Money, but never made any Deed to him for the fame That the faid Benjamin Buck, the Father, built a Houfe on the faid Land, and had been in Poffeffion thereof about 3 Years which was afterwards
carried to

have

it

diftindlly for the fitting

burnt down, about 12 Months before the Month of Jamiary laft: That the faid 133 or 134 Acres of Land were laid off in the Widowhood of the faid John Buck's Wife, as her third Part of her former Hufband's Eftate: That after the faid Benjamin Buck's Houfe was burnt down, he removed off the faid Land, and then the faid John Buck agreed to fell the faid 15 Acres to one Charles Jennings, and received of him 3, in Part of the Confideration, having often before offered it for Sale, although his faid Father objedted to it, alleging he had a Deed for it: That the faid John Buck always paid the Quitrents for the whole Land, but was repaid by William Mallory the Quitrents of that Part he

had

"

[89]
had
30

fold to the faid

Mary

Roberts, the

Mother of the

faid William Mallory; but never

31

had fold to his Father: John Buck was in Poffeffion of the faid 15 Acres fome Time before laft Chriftmas twelve Months, about which Time his faid Father left the fame: It further appears that the faid John Buck acknowledged he would not at the faid Eledlion have taken the Oath prefcribed by Law, if it had been required of him. Refolved, That it is the Opinion of this Committee that the faid John Buck had no Right to vote for Burgeffes at the faid Eledlion. It further appears to your Committee that Edward Year gain, who aKo voted for the Petitioner at the faid Eledlion, was poffeffed of 18 Acres and a Half of Land in the faid County, where he then lived and alfo of another Tradl of 50 Acres, which is feparated from the Land he lives on by another Perfon's Land nmning between them, and on which there is no Hoiife, nor any Cultivation, except the clearing of a fmall Part of it; and that he had no other Land in the faid County. Refolved, That it is the Opinion of this Committee that the faid Edward Yeargain had a good Right to vote for Burgeffes at the faid Ele(5lion. Your Committee aKo beg Leave to inform the Houfe that it appears to them that the Reverend M'' Thomas Warrington, Redlor of the Parifh of Elizabeth City, in the faid County of Elizabeth City, having been in full Poffeffion of his Glebe for fome Years, containing by Computation about 100 Acres, with competent Buildings thereon, appeared at the faid Eledlion, and offered to vote for M"' Wythe and the Petitioner, but refufing (as being dubious of his Right to vote) to take the Oath prefcribed by Law, which was required of him, he was not allowed to vote at the faid Eledlion, but that his Name was put on the Back of the Poll. Refolved, That it is the Opinion of this Committee that the faid Thomas Warrington had a good Right to vote for Burgeffes at the faid Eledlion, and that his Vote ought to be added to the Petitioners Poll. It further appears to your Committee that on the Day of the faid Eledlion, on the Application of the Petitioner and fome of his Friends, and particularly of one Dodlor John Brodie, and with the Approbation and Confent of all the Candidates at the faid Eledlion, the Sheriff of the faid County did agree to poftpone clofing the Poll until Simfetting; and that thereon the faid Dodlor Brodie, with fome other Freeholders, went out of Town, in Order to bring in 2 other Freeholders, their Names Johnfon Mallory and John Lowry the elder, to give their Votes at the faid Eledlion, who thereon immediately prepared to fet out for the Court-Houfe, but were told they need not hurry themfelves, as it was agreed that the Poll was not to be clofed until Svmfet It appears that the faid Sheriff having, foon after the faid Agreement among the Candidates and himfelf received and polled two Voters for the fitting Member, and i for the Petitioner, clofed the Poll, which was about an Hour and a Half before Sunfet, notwithftanding the eameft Intreaties of the Petitioner and fome of his Friends, and particularly of M'' John Tabb (now deceafed) who defired him to defer clofmg the Poll, as fome of the Petitioner's Friends were then on their Way to the Court Houfe, and would be there in a fhort Time to whom the faid Sheriff made Anfwer, " that he knew his Duty, and fhould not be diredled by him, and that he fhould clofe the Poll when he thought proper And that the faid Sheriff, being told by the faid John Tabb, "that the Reafon of his making that Application to him was, knowing if he clofed the Poll, before the Petitioner's Voters came in, it would occafion a Complaint elfewhere, or above;" he anfwered, with Warmth, "he did not value him, or he might do as he pleafed. " It further appears that, at the Time clofmg the Poll, the faid Johnfon Mallory was fo near the Court Hotafe as to be able to diftinguifh the fitting Member carried off through the Streets by the Populace, and that he arrived at the Court Houfe a few Minutes after; and that the faid John Lowry was not more than a Mile and a Half diftant from the Cotirt Houfe at the fame Time where he was flopped by a Meffenger fent to infom him that the Poll was clofed, when he expreffed his Uneafinefs that he fhould return without being of Service to his Friends, naming M'' George Wythe and the Petitioner It alfo appears from
received, or expecfted to receive, the Quitrents of the 15 Acres he

That the

faid

the

[9o]
the Oaths of the faid Johnfon Mallory and John Lowry, that had they been polled at the faid Eledlion they would have voted for the faid George Wythe and the Petitioner. Refolved, That it is the Opinion of this Committee that the Names and Votes of the

and John Lowry ought to be added to the Petitioners Poll. appears to yoiir Committee, on Examination of a Copy of the Poll taken at the faid Eledtion, that the fitting Member had 2 Votes more than the Petitioner but that 3 of the Perfons who voted for the fitting Member, namely, Signe Parifh, Samuel Dewberry, Jtm. and Thomas Payne, it is the Opinion of your Committee had no Right to vote at the faid Eledlion And your Committee are aKo of Opinion that i of the Perfons who voted for the Petitioner at the faid Eledlion, namely, John Buck, had no Right fo to do but that by adding the Votes of the faid Thomas Warrington, Johnfon Mallory and John
faid Johnfon Mallory
It
;
:

Lowry, to the Petitioner's Poll, he hath a Majority of legal Votes. And therefore Refolved, That it is the Opinion of this Committee that the faid M'' William Wager is not duly eledled to ferve as a Burgefs in this prefent General Affembly for the County
of Elizabeth City.

Refolved,

Wallace

is

That it is the Opinion of this Committee that the Petitioner M' James duly eledled to ferve as a Burgefs in this prefent General Affembly, for the
Refolution being read a fecond Time, and the Queftion put that the Hoiife

faid Cotmty.

The

firft

agree thereto, It paffed in the Negative.

The

fecond, third, fourth,

fifth, fixth,

and

feventh Refolutions being alfo read a fecond

Time, and the Queftion put that the Houfe agree thereto.
It paffed in the Affirmative.

That the eighth, ninth, tenth eleventh, twelfth, and i/tir/eewi/i Refolutions be recommitted to the faid Committee. M"' Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had under their Confideration divers Propofitions and Petitions to them referred, and had come to the following Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read and agreed to by the Houfe as follow Refolved, That the Petition of fundry Proprietors of Lots in, and Inhabitants of, the Town of Blandford, in the Coimty of Prince George, praying that an Adl may pafs
Ordered,
;

For appointing Truftees for diredling, carrying on, maintaining and regulating the faid Town, and to prevent Hogs running at large, therein, is reafonable. Refolved, That the Petition of fundry Proprietors and Inhabitants of the Town of Alexandria in the Coimty of Fairfax, praying that an Adl may pafs For enlarging faid town, agreeable to a Plan to the faid Petition annexed, is reafonable. Refolved, That the Petition of William Tyler, praying that the Rates of Ferriage may be enlarged at the Ferry eftablifhed from his Land, over Potowmack River, to Cedar Point, in Maryland, is reafonable. Refolved, That the Petition of fundry Ordinary Keepers in York Town, praying that the Adl of Affembly, entitled, An Ad' for regulating Ordinaries, and Reftraints of Tippling Houfes, may be amended, is reafonable. Refolved, That the Petition of fundry Inhabitants in, and adjoining to, a Place called Shepherd's Town, in the Coimty of Frederick, praying that an Adl may pafs For Eftablifhing

32

Town

at that Place

is

reafonable.

is

That a Bill or Bills be brought in purfuant to the faid Refolutions, and it referred to the Committee of Propofitions and Grievances to prepare and bring in the
Ordered,

fame.
M'' Landon Carter prefented to the Houfe, according to Order, a Bill For regulating the Fees and Charges for Perfons pradlicing in Phyiick, Surgery and Midwifery, in this Colony; which was read the firft Time, and ordered to be read a fecond Time.

Hening, VI,

p. 7

[91

Petition of divers Inhabitants of the Cotinty of Lunenburg, praying that the faid

divided into three diftindl Counties, and that an Adl may pafs for that Purpofe, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
Cotinty
report the fame, with their Opinions thereon, to the Houfe.

may be

Claim of William Cromwell, for taking up a Deferter belonging to the

firft

Vir-

ginia Regiment.

Alfo feveral Accounts and Claims of fundry Inhabitants of the County of Frederick, and other Neceffaries fumifhed the Forces in the Service of this Colony, and for tributary Indians, in their marching through the Country, and for Expreffes; were feverally prefented to the Houfe and received, and referred to the Confideration of
for Provifions

the Committee of Claims.

County of Hampfhire, fetting forth that the has laid Lord off Fairfax Right Hon. the 50 Acres of Land at a Place called Pear fall's Level, in the faid County, and praying that a Town may be eftablifhed thereon, and that
of fundry Inhabitants of the

A Petition
may

they

enjoy the ufual Privileges with other

Towns

in this Colony,

was prefented to
it is

the Houfe and read.

be brought in purfuant to the faid Petition, and referred to M'' Mercer and M'' Rutherford to prepare and bring in the fame. And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock
Ordered,

That a

Bill or Bills

Saturday.

tl)e I3tl)

of ^Jlovember. 3 6eo. Ill 1762.


of Propofitions

33

Tobacco from Yeocomico to New Landing, on Yeocomico River, in the County of Weftmoreland; and the fame was read the firft Time, and ordered to be read a fecond Time. A Bill To empower the Veftry of the Parifh of St. Patrick, in the County of Prince Edward, to levy for Thomas Wood a reafonable fatiffadtion for his Expenfes in building a Church there, which was burnt down before it was finifhed. Alfo a Bill For fetting the Bounds between the Parifhes of Martin's Brandon and Briftol, in the County of Prince George. Alfo a. Bill For regulating the Fees and Charges of Perfons pradlicing in Phyfick, Surgery, and Midwifery, in this Colony, were feverally read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Petition of divers Inhabitants of the Parifh of Hampfhire, in the County of Hampfhire, fetting forth that the late Eledlion of Veftrymen for the faid Parifh was illegal, and praying that the fame may be diffolved, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Committee of Propofitions and Grievances that they examine into the Allegations thereof, and report the fame, with
for the Infpedtion of
;

MR

Attorney, from the

Committee

and Grievances, prefented to

the Houfe, according to Order, a Bill For removing the publick Warehoufes

their Opinion thereon, to the Houfe.

And

then the

Houfe adjourned

until

Monday Morning

1 1

"'Clock.

5llott6a^

tb<i

I5tb of ^tovember. 3 6eo.

III.

1762.

A
of

Petition of fundry Inhabitants of the

County of Fauquier, praying that a Town be eftabliflied on the Land of Richard Henry Lee, Efq whereon the Court Houfe for the faid County now ftands, was prefented to the Houfe and

may

read.

That the faid Petition be referred to the Confideration of the Committee Propofitions and Grievances; that they examine into the Allegations thereof, and
Ordered,

report their Opinion thereon to the Houfe.

An

[92]
Boat Hire and extra Expenfes in the condudling feveral Soldiers to Frederickfburg, was prefented to the Hotife and received, and referred to the Confideration of the Committee of Claims. An engroffed Bill For fettling the Bounds between the Parifhes of Martin's Brandon and Briftol, in the Coimty of Prince George, was read a third Time. Refolved, That the faid Bill do pafs. Ordered, That M' Bland do carry the faid Bill to the Council for their Concurrence. On a Motion made, Ordered, That the Treafurer be empowered and diredled to difcharge the feveral Sheriffs againft whom he hath received Judgment for the Penalty of their Bonds, upon receiving the Sums actually due from them, and their paying the Cofts occafioned by his Motion againft them. An engroffed Bill, entitled. An Ad' to empower the Veftry of the Parifh of St. Patrick, in the County of Prince Edward, to levy for Thomas Wood a reafonable Satiffadion for his expenfes in building a Church there, which was burnt down before it was finifhed,
for

An Account oi John Robin fon,

was read a

third Time.
faid Bill to the Cotmcil for their Concur-

That the Bill do pafs. Ordered, That M'' Attorney do carry up the
Refolved,
rence.

A Petition of John McDonald, late a Soldier in the Virgtma Regiment, fetting forth that he has been in the Service 3 Years that he was wounded in his Thigh in General Braddock's Engagement, which has rendered him incapable of getting a Livelihood as formerly; and praying the Confideration of the Houfe, was prefented to the Houfe
;

and

read.

be referred to the Confideration of M'' Edmund Penthat they examine into the Allegations thereof Wafhingtan; dleton, and report the fame, with their Opinions thereon, to the Houfe. And then the Houfe adjourned tmtil Tomorrow Morning 1 1 "'Clock.
Ordered,

W Baylor and

That the

faid Petition
M''

I3ues6aY t^e I6t^ of !^ovember. 3 (Beo. Ill 1762.

AN

engroffed Bill, for regulating the Fees and Charges of Perfons pradlicing in Surgery and Midwifery, in this Colony, was read the third Time; and the

Queftion being put that the faid Bill do pafs.


It

paffed in the Negative.

That the faid Bill be rejedled. M"" Bland, from the Committee of Privileges and Eledlions, reported that the Committee had had under their Confideration as well the Petition of M"^ John Clack, complaining of an imdue Eledlion and Return of M"" Ifaac Rowe Walton to ferve as a Biirgefs in this prefent General Affembly, for the Cotmty of Brunfwick, to them referred, as aKo the Report made by the Committte who were appointed to take the Depofitions of Witneffes in Behalf of both Parties, and had come to feveral Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to, with an Amendment, as follow: Refolved, That the faid Commiffioners have not fully executed the Orders of this Houfe made on the faid Petition, as on the 6"' Day of November, 1761; and that the faid Report is infufficient for the Hovife to proceed thereon. Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes before John Willis, Nathaniel Edwards, Drury Stith, John Maclin, Nicholas Edmunds, James Wall and William Edwards, or any 3 of them, as to the Freeholds of any Perfon who voted at the faid Eledtion, although fuch Perfon did fwear at the Eledlion, or fhall fwear to the fame on their Examination; and that they be at Liberty to examine
Ordered,
'

Hening, VII,

p. 6ii.

[93

examine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in Right of which they voted at the faid Eleftion and that they return fuch Depofitions to this Houfe, on or before Tuefday the 7''' Day of December
;

next.
Refolved,
until the
7""

That the further Confideration


of December next. of the

of the faid Petition

ought to be put oH
into a Committee,

Day

The Order
Refolved,

Day being

read for the Hoiife to refolve

itfelf

to take into their further Confideration the

Govemour's Speech.

And

then the

That this Houfe will again refolve itfelf into the faid Committee Tomorrow. Houfe adjourned until Tomorrow Morning 11 "'Clock.

Wa^btKisba^,

ll)e I7tl)

of ^ftovember,

<Beo,

III.

1762.
Court

ON
An
William
Hotife
M''

a Motion made,
Ordered,

That Leave be given to bring


it is

in a Bill

To

alter the

Day of

the County of Prince Edward, and

referred to M""

Le Grand

to prepare

and bring
Militia,

in the fame.

Account of William Cunningham, for Provifions for the life of the Prince when ftationed at Oreftes Fort, in the Year 1758, was prefented to the

33

and received, and referred to the Confideration of the Committee of Claims. Landon Carter, from the Committee of Courts of Juftice, reported that the Committee had, according to Order, examined what Laws have expired fmce the laft Seffion of Affembly, and infpedled fuch Laws as will expire at or foon after this Seffion of Affembly; and had agreed on a Report, and come to feveral Refolutions thereon, which he read in his place, and then delivered in at the Table, where they were again twice read, and agreed to, and are as follow: Refolved, That the Adt of Affembly made in the 22'* Year of the Reign of his late Majefty King George II, entitled. An Ad' for infpeding Pork, Beef, Flower, Tar, Pitch and Turpentine, which was revived and amended by another Adt, made in the 29**^ Year of his faid Majefty's Reign, and which expired on the 14*^ Day of November, 1761, ought to be revived. Refolved, That the Adl of Affembly made in the 30*^ Year of the Reign of his late Majefty King George II, entitled. An Ad' for better regulating and difciplining the Militia, which was continued by another Adl made in the 32<* Year of his faid late Majefty's Reign, and which will expire the S^'^ Day of June, 1763, ought to be further continued, with Amendments. Refolved, That the Adt of Affembly made in the 30''' Year of the Reign of his late Majefty King George II, entitled. An Ad^ for reducing the feveral Ads for making Provifion againft invafions and Infurredions into one Ad, which was continued by the two other Adts, one in the 32*^ Year of his faid late Majefty's Reign, and the other in the i'* Year of his prefent Majefty's Reign, and which wiU expire on the 8* Day of June, 1763, ought to be further continued. Refolved, That the Adt of Affembly made in the 19*'' Year of the Reign of his late Majefty King George II, entitled, An Ad* for better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned, which was continued and amended by another Adt made in the i'' Year of his prefent Majefty's Reign, and which will expire the 12* Day of April, 1764, ought to be further continued, with Amendments. Refolved, That the Adl of Affembly made in the 22'^ Year of the Reign of his late Majefty King George II, entitled. An Ad^ for amending the Staple of Tobacco, and for preventing Frauds in his Majefty's Cuftoms, together with three other Adts made in the 25*^, 27'!' and 28*, Years of his faid late Majefty's Reign, alfo one other Adl made in the i'* Year of his prefent Majefty's Reign, for continuing and amending the fame, which
will
I

Hening, VI,

p. 146.

Ibid.,
Ibid.,

VII,

p. 106.

Ibid. ,Y1, p. 154.

'

Ibid., VII, p. 93.

V, p. 326

[94]
will expire at the

End

of the Seffion of Affembly, to he held next after the lo"'

Day

of

i '' Refolution, and it is Committee of Trade to prepare and bring in the fame. Ordered, That a Bill or Bills be brought in purfuant to the 2^ and 3"^ Refolutions, and it is referred to the Committee of Propofitions and Grievances to prepare and bring

April, 1764, ought to be further continued, with Amendments. Ordered, That a Bill or Bills be brought in purfuant to the

referred to the

in the fame.

That a Bill or Bills be brought in purfuant to the 4'^ Refolution, and it is referred to the Committee for Courts of Juftice to prepare and bring in the fame. A Petition of John Cocke, praying that a Ferry may be eftablifhed from his Land, known by the Name of Scotland Neck, in the Coimty of Surry, over James River, to James Town, on the oppofite Shore, was prefented to the Houfe and received. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
Ordered,

report the fame, with their Opinion thereon, to the Houfe.

A
James

Petition of

Thomas

Bullett,

John Blagg and William Fleming, Captains, and


34

Regiment, fetting forth that they were appointed to enlift Recruits for the faid Regiment, and did feverally enlift a Number of Men; and purfuant to their Inftrudtions, and the Adl of Affembly for that Purpofe, did advance them the Bounty Money allowed by the faid Adl, and were at a great Expenfe for their Subfif tence That feveral Men fo enlifted deferted from them refpedlively before they
Walker, Enfign, in the Virginia
;

arrived at the Place of General Rendezvous, or had been examined or received by any Field Officer belonging to the faid Regiment for which Reafon as well the Paymaf ter of
;

the Regiment, as the Commif fioners appointed to examine and fettle the Accoionts of the Expenfes of raifmg and maintaining the fame, do refufe to make them any Allowance And praying the Confideration of this Houfe, was prefented to theHotife and read.
Ordered,
of Claims; that they

That the faid Petition be referred to the Confideration of the Committee examine into the Allegations thereof, and report the fame, with

their Opinions thereupon, to the Houfe.

from the Perfons appointed to whom the Petition of John M' Donald was referred, reported that they had examined into the Allegations thereof, and agreed upon a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the
M'' Pendleton,
;

Houfe, as follows It appears that the faid M'Donald was a Soldier in Captain Dagworthy's Company, in the Service and Pay of Maryland, from the Year 1754 until the Year 1756, when he was difcharged, having in General Braddock's Engagement received the Woimd in his Petition mentioned, and that he was not in the Service or Pay of this Colony.

That the faid Petition be rejedted. Bland, from the Committee of Privileges and Elections, reported that the Committee had had imder their further Confideration that Part of their Report made on Friday laft, relating to the Petition of M"" James Wallace, complaining of an vmdue
Refolved,
M"'

and Return of M'' William Wager to ferve as a Burgefs in this prefent General Affembly for the Coimty of Elizabeth City, which was recommitted to them, and had agreed upon a Report, and come to feveral Refolutions thereupon, which he read in his Place, and then deUvered in at the Table, where the fame was again twice read, and
Eledlion

agreed to by the Houfe, as follows It appears to your Committee that John Buck, who voted for the Petitioner at the faid Eledlion, held 133 or 134 Acres of Land in the faid County, in Right of his Wife; but before the faid Eledtion he fold 100 Acres, more or lefs. Part of the faid Land, to one Mary Roberts, and alfo 15 Acres, other Part of the faid Land, to his Father Benjamin Buck, and made a Deed for the fame to the faid Benjamin, for the Life of his the faid John's Wife, which Deed was never recorded, but is now in the Poffeffion of one Lockey
Collier:

That the

faid

Poffeffion thereof

Benjamin built a Houfe on the faid 15 Acres of Land, and was in upwards of three Years, when the faid Houfe was burnt down about
the

[95]
were laid off in the Widowhood of the faid John Buck's Wife, being her Dower in her former Hufband's Eftate: That after the -faid Benjamin Buck's Houfe was burnt down he removed, and the faid John Buck his Son then fold the faid 15 Acres to one Charles Jennings, of whom he received ; 3, in Part of the Confideration Money, but never made him any Deed for the fame That the faid John Buck, often before his faid Father's Removal, offered the faid 1 5 Acres of Land for Sale but his Father obje($led to it, alleging he had a Deed for the faid Land from his Son That the faid John Buck always paid the Quitrents for the whole 133 or 134 Acres of land, and was repaid for the 100 Acres he fold to Mary Roberts by her Son William Mallory but never received, or expedled to receive, the Quitrents for the 1 5 Acres he had fold to his faid Father That after the Houfe which Benjamin Buck had btiilt was burnt down, the faid Benjamin removed from the faid Land and the faid John Buck, fome Time before Chriftmas, 1760, took Poffeffion of the fame,
the
i''

of November, 1760:

That the

faid 133 or 134 Acres

38

without his Father's Confent, and was in Poffeffion thereof at the Time of the faid ElecAnd that at the Time of the faid Eledlion the faid Parties were all living. It tion further appears to your Committee that the Land in Right of which the faid John Buck voted was Part of a Tradl of Land belonging to Lockey Collier, an Infant, and that no
:

other Perfon voted in Right of the faid Land and that he would not have taken the Oath prefcribed by Law if it had been required of him.
;

That it is the Opinion of this Committee that the faid John Buck had no Burgeffes at the faid Eledlion. vote for Right to Your Committee further beg Leave to inform the Houfe that Edward Yeargain, who aKo voted for the Petitioner at the faid Eleftion, was poffeffed of 18 Acres and a Half of Land in the faid County, where he then lived, and alfo of another Tradl of 50 Acres, which is feparated from the Land he hves on by one James Prieft's Land: That there is no Houfe on the faid 50 Acres of Land, and that he always paid Quitrents for both the Tradls, amounting together to^68 Acres and a Half.
Refolved,

That it is the Opinion of this Committee that the faid Edward Yeargain Right to vote for Burgeffes at the faid Eledlion. had a good Yotir Committee aKo beg Leave to inform the Houfe that it appears to them that the Reverend M'' Thomas Warrington, Redtor of the Parifh of Elizabeth City, in the faid County of Elizabeth City, having been in Poffeffion of his Glebe for fome Years, containing by Computation about 100 Acres, with competent Buildings thereon, appeared at the faid Eledlion, and offered to vote for M'' Wythe and the Petitioner; but refufing to take the Oath prefcribed by Law, which was required of him, he was not allowed to vote at the faid Eledlion, but his Name was endorfed on the Back of the Poll. Refolved, That it is the Opinion of this Committee that the faid Thomas Warrington had a good Right to vote for Burgeffes at the faid Eledlion, and that his Vote ought to be added to the Petitioner's Poll. It fvuther appears to your Committee, by the Teftimony of Dodlor John Brodie, M' John Tabb (now dead) William Read, John Selden and John Cafey, that on the Day of the faid Eledlion, on the Application of the Petitioner and fome of his Friends, and particularly of the faid Dodlor Brodie, and with the Approbation and Confent of all the Candidates at the faid Eledlion, the Sheriff of the faid Cotmty did agree to poftpone clofing the Poll imtil Sunfetting and that thereupon the faid Brodie, with fome other Freeholders, went out of Town, in Order to bring in two other Freeholders, by Name Johnfon Mallory and John Lowry, the elder, to give their Votes at the faid Eledlion, who thereupon immediately prepared to fet out for the Coiut Houfe, but were told they need not hurry themfelves, as it was agreed that the Poll was not to be clofed imtil Sunfet. It alfo appears to your Committee that the faid Sheriff, having after the faid Agreement received and polled two Voters for the fitting Member, and one for the Petitioner, clofed the Poll about an Hour and a Half before Sunfet, although the Petitioner and fome of his Friends, and particularly of the faid John Tabb, eameftly defired him to defer clofing the Poll, as fome of the Petitioner's Friends were then on their Way to the Courthoufe, and would be there, as he expedled, in a fhort Time to whom the faid
Refolved,
;
;

Sheriff

[96]
Sheriff

made

anfwer,

"

That he knew

his Duty,

and fhould not be directed by him and


;

jg

that the faid Sheriff being " Application was, that making that told by the faid John Tabb That the Reafon of his knowing if he clofed the Poll before the Petitioner's Voters came in, it would occafion a
that he fhould clofe the Poll
proper. "

when he thought

And

Complaint elfewhere, or above," he anfwered with Warmth, "He did not value him, or he might do as he pleafed. " It further appears that at the Time of clofing the Poll the faid John fori Mallory was within the Town, and fo near the Courthoufe as to be able to diftinguifh the fitting Member carried off through the Streets by the Populace and that he was at the Courthoufe within five Minutes after the Poll was clofed, and that the faid John Lowry was not more than a Mile and a Half diftant from the Courthoufe at the fame Time, and would have been there in a Quarter of an Hour, but was ftopped by a Meffenger, fent to inform him that the Poll was clofed, when he expreffed his Uneafinefs that he fhould return without being of Service to his Friends, naming M"' Wythe and the Petitioner. It doth alfo appear to your Committee, by the Teftimony of Henry King, John Bullock, Gary Selden, the faid George Walker the Sheriff, and Robert Brough, that the faid Sheriff had agreed to defer clofmg the Poll for three Hours only from the Time he was firft apphed to by the Petitioner and his Friends, and that he called for a Watch, which was lent to him by one of the By Standers, in order to fix the Expiration
;

Hours and that when the Poll was clofed the Sheriff ordered pubHck Proclamation to be made, and declared he had exceeded the three Hours about ten Minutes. It aKo appears that when appUcation was made as aforefaid, and it was propofed to keep the Poll open vmtil Stmfet, the fitting Member objedled to it, and faid they might as well keep the Poll open imtil the next Day as imtil Simfet, becaufe he could by that Time get Voters from Norfolk, and that the Petitioner aKo faid he could get Voters from thence by that Time but the faid Sheriff refufed to adjourn the faid Poll until the next Day, faying he had never known nor heard of fuch a Precedent in the Coimtry. It further appears to your Committee that the faid John Brodie, on his Examination before
of the faid 3
;
;

the Commiffioners appointed to take the Depofitions in this Difpute in the Country, did refufe to anfwer feveral pertinent and material Queftions that were put to him by the Your Committee fitting Member, relative to the Time agreed on for clofmg the Poll.

beg Leave to inform the Houfe that it appears, from the Oaths of the faid Johnfon Mallory and John Lowry, that had they been polled at the faid Eledlion, they would have voted for M'' Wythe and the Petitioner and that the faid Sheriff declared before your Committee that had the Ntmiber of Voters at the clofing the faid Poll been equal, he fhould have returned the fitting Member. Refolved, That it is the Opinion of this Committee that the Names and Votes of the faid Johnfon Mallory and John Lowry ought not to be added to the Petitioner's Poll. It appears to your Gontmittee, on Examination of a Copy of the Poll taken at the faid Eledtion, that the fitting Member had two Votes more than the Petitioner; but that two of the Perfons who voted for the fitting Member, to wit, Samuel Dewberry, Jun. and Thomas Payne, it is the Opinion of your Committee, had no Right to vote at the
alfo
;

faid Eledtion

and that one of the Perfons who voted for the Petitioner at the faid Election to wit, John Buck, had no Right fo to do and that the Vote of the faid Thomas Warrington ought to be added to the Petitioner's Poll; and that the fitting Member and the Petitioner have an equal Number of legal Votes and therefore Refolved, That the faid M"" William Wager is duly eledled to ferve as a Burgefs in this prefent General Affembly for the County of Elizabeth Gity. On a Motion made, Ordered, That Leave be given to bring in a Bill To explain and amend one Adl of Affembly, made in the 4* Year of the Reign of Queen Anne, entitled. An Ad for regulating the Eledion of Btirgeffes, for fettling their Privileges, and for afcertaining their Allow; ;

37

ances.

who

Alfo one other Ad made in the tenth Year of George II. entitled, An Ad" to declare fhall have a Right to vote in the Eledion of Burgeffes to ferve in the General Affembly
for
'

Hening,

III, p. 236.

Ibid.,

IV, p. 475-

[97
for Counties,

and for preventing fraudulent Conveyances, in Order to multiply Votes at fuch Eledion; and it is referred to M'' Richard Henry Lee, M"" Pendleton and M"' Bland, to prepare and bring in the fame. Ordered, That M"' Bowler Cocke, M'' Richard Eppes and M"' Wafhington, be added to the Committee of Propofitions and Grievances. An Account of James Patty, praying an Allowance for 30 Days loft Time of his Slave Gilbert, by being froftbitten during his Confinement in Caroline Gaol, whereto he was committed, on Stifpicion of Felony, and acquitted, was prefented to the Houfe and received, and referred to the Confideration of the Committee of Claims. M"' Attorney, from the Committee of Propofitions and Grievances, reported that the faid Committee had had under their Confideration divers Propofitions and Petitions to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by
;

the Houfe, as follow

That the Petition of fundry Inhabitants of the Coimties of James City and Charles City, praying that the publick Warehoufes at Hog Neck may be difcontinued, and other Warehoufes eftablifhed at Barrett's Ferry, in the faid County be
Refolved,
rejected.

Refolved, That the Petition of fundry Inhabitants of the Counties of James City and New Kent, in Oppofition thereto, and praying that the Warehoufes may be ftill

continued at

Hog

Neck,

is

reafonable.

That the Petition of fundry Inhabitants of the Counties of Surry and James City, praying that publick Warehoufes for the Infpecftion of Tobacco may be eftablifhed at James Town, on the Land of John Ambler, Efq be rejedled. Refolved, That the Petition of fundry Inhabitants of the Counties of Amherft and Buckingham, praying that they may be reimburfed by the Inhabitants of the County of Albemarle their proportionable Part of the Money expended in the Purchafe of Scales and Meafures of the Standard of England, for the publick Ufe of the faid County of Albemarle, before the fame was divided, is reafonable. Refolved, That the Petition of fundry Inhabitants of the upper Part of the County of King and Queen, praying that the faid County may be divided, according to the Lines and Bounds in the faid Petition particularly expreffed, and that that Part of the faid County lying above thofe Bounds may be united to, and made Part of, the County of
Refolved,
;

Caroline,

is

reafonable.

Refolved,

That the Petition That


fo

of fimdry Inhabitants of the Parifh of Nottoway, in the

County

of Southampton, praying that the faid Parifh

may be

divided,

is

reafonable.

Refolved,

much

of the Petition of fundry other Inhabitants of the faid

38

County and Parifh, praying that the faid Parifh may be divided as aforefaid, is reafonable. Refolved, That the Refidue of the faid laft mentioned Petition, praying that the faid County of Southampton may be divided, be rejedled. Refolved, That the Petition of ftmdry other Inhabitants of the faid Parifh, in Oppofition to the two other Petitions for dividing the faid Parifh, be rejedled. Refolved, That the Petition of fundry Inhabitants of the Parifh of Hampfhire, in the County of Hampfhire, complaining of the Illegality of the Sheriffs Proceeding in eledling the prefent Veftry of the faid Parifh, and praying that the fame may be diffolved,
is

reafonable.
Refolved,

That the Petition of fundry Inhabitants of the County of Fauquier, praying that a Town may be eftablifhed on the Land of Richard Henry Lee, Efq contiguous to the Courthoufe of that County, or on the Land of William Edmunds, or John Hitt, adjoining thereto, be rejedted. Refolved, That the Petition of fundry Juftices of the Peace of the Cotmty of Northumberland, in Behalf of themfelves, and all others his Majefty's Juftices of the Peace in this Colony, praying that they may be exempt from attending at the private and general
;

Mufters of the Militia in their refpedtive Counties,

is

reafonable.

Ordered

[98]
be brought in purfuant to the 4"', 5*, 6**^ and 9'^, Refolutions and it is referred to the Committee of Proportions to prepare and bring in the fame And that it be an Inftrudtion to the Committee to whom it is referred to prepare and bring in a Bill For amending and further continuing the Adl for the better regulating and difciplining the Militia, that they receive a Claufe or Claufes purfuant to the laft
Ordered,
;

That a

Bill or Bills

Refolution.

The Order
Refolved,

of the

Day being

to take into their further Confideration the

read for the Hotife to refolve Govemour's Speech.

itfelf

into a Committee,

That this Houfe will again refolve itfelf into the faid Committee Tomorrow. That it be an Inftru(5tion to the Committee to whom it is referred to bring in a Bill For adding Part of the Covmty of Kirtg and Queen to the Coimty of Caroline, that they receive a Claufe or Claufes, To alter the Court Day of the faid County of King and Queen. Ordered, That M'' Wallace do pay tmto M"" William Wager his Expenfes occafioned by his Petition, and it is referred to the Committee of Claims to regulate and fettle the
Ordered,

fame.
Ordered,
Juftice,

That
M''

M""

Carrington be added to the Committee of Claims and Courts of

and

Rutherford to the Committee of Claims.


;

Efq fetting forth that he is feized as Tenant in Fee two fmall Tradls of Land, the one lying in Gloucefter County, containing 450 Acres, and the other lying in the Cotinty of Middlefex, containing 300 Acres, which Lands he can difpofe of at a Price very advantageous to his Family and at the fame Time, as they are detached from his other entailed Eftate, they will not be fo valuable to his Heir as other contiguous Lands, which may be fettled in Lieu thereof and praying that an A(5l may pafs To dock the Entail of the faid two Tradls of Land, and to fettle other Lands to the fame Ufes; was prefented to the Houfe, and read. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and referred to M"' Pendleton to prepare and bring in the fame. it is And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Taille of
;

A Petition of Ralph Wormeley,

I3l)ur56ar. t^e 161^ of ^lovember,

<Beo.

III.

1762.

Broyle, and John Lowry, up Runaways therein mentioned. Alfo an Account of Jofeph Patterfon, to be allowed for a Horfe impreffed by John Miller, ]\xn. to carry a Criminal from the Coimty of Caroline to Williamfburg, which was detained from him three Days. Alfo an Account of Chefterfield Forge, againft the PubHck for 1991 Pounds of Tobacco were feverally prefented to the Houfe and received, and referred to the Confideration of the Committee of Claims. Several Accounts of Gerfham Keys, for Provifions fumifhed the Militia of Fairfax County, drawn out into adtual Service. Alfo an Account of Samuel Vance, for Powder and Ball purchafed by him of Alexfor taking
;

SEVERAL Claims of Adam Broyle, the Widow of Jacob

ander Sayers, for the Ufe of the MiUtia tmder his Command at Fort Ligonier, in 1758. Alfo an Account of Adolph Her, for a Beef fumifhed the Cherokees; were feverally
prefented to the Houfe, and received. Ordered, That the faid Accoimts be referred to the Confideration of the Committee of Claims that they examine the Allegations thereof, and report the fame, with their
;

Opinions thereon, to the Hotife. On a Motion made, Ordered, That Leave be given to bring in a Bill To repeal fo much of the A6t of Affembly made in the 25'*' Year of his late Majefty 's Reign, entitled. An Ad 'for building

a
'

Hening, VI,

p. 293.

[99]
o Bridge over Appomattox River, by Subfcription, as relates to the prohibiting the Juftices of the Counties of Chefterfield and Dinwiddie from building a Bridge at the Place in the faid Adl mentioned at the Charge of their Counties and it is referred to M-- Bland, M"' Cary and M'' Eppes, to prepare and bring in the fame. M"- Attorney, one of the Members of the Committee of Correfpondence, named in the Ad for appointing an Agent, according to Order, laid before the Houfe the Regifter of the Proceedings of that Committee. Alfo a Bill from the Committee of Propofitions and Grievances For dividing the Parifh of Accomack, in the County of Accomack, into two diftindt Parifhes. Alfo a Bill For building a Bridge over Nottoway River, from the Land of Jeffe Browfi, by Subfcription and the fame was feverally read the firft Time, and ordered to be read a fecond Time.
;
;

A
;

Petition of divers Inhabitants of the Parifh of St. Margaret's, in the

Coimty

of

remain in the State and Condition it is now in and that the Petition from the Parifh of St. David, in the faid Cotmty, praying that fome of the Tithables of St. Margaret's Parifh may be added to the Parifh of St. David, in Order to make the Number of Tithables in each Parifh equal, may be rejedled was
Caroline, praying that the faid Parifh
;

may

prefented to the Houfe, and read.


Ordered,
of Propofitions

That the faid Petition be referred to the Confideration of the Committee and Grievartces; that they examine into the Allegations thereof, and

report the fame, with their Opinions thereon, to the Houfe.

On

a Motion made.

That Leave be given to bring in a Bill For eftablifhing a more eafy and Method for the Trial of Criminals, and of Caufes depending in the General Court and it is referred to M"' Richard Henry Lee and M'' Bland to prepare and bring in
Ordered,

expeditious
;

the fame.
J

from the Committee of Propofitions and Grievances, reported that the Committee had had tmder their Confideration divers Propofitions and Petitions from feveral Counties to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, and are as follow Refolved, That the Petition of fimdry Inhabitants of the Parifhes of Dettingen and Hamilton, in the Counties of Prince William and Fauquier, praying that thofe two Parifhes may be divided into three diftindl Parifhes, according to the Lines and Boimds in the faid Petition particularly expreffed, be rejected. Refolved, That the Petition of fundry Inhabitants of the Coimties of Fairfax and Loudoun, praying that the publick Warehoufes for the Infpedlion of Tobacco at Occoquan, in the faid County of FatV/a:*:, may be difcontinued, and that new Warehoufes may be eftabUfhed at the Town of Colchefter, in the faid Coimty, is reafonable. Ordered, That it be an Inftrudlion to the Committee of Propofitions and Grievances to whom it is referred to prepare and bring in a Bill For amending and further continuing the Adl for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
M'' Attorney,

faid

Cuftoms, that they receive a Claufe or Claufes purfuant to the 2^ Refolution. M' Attorney aKo reported that the faid Committee had had under their further Confideration the Petition of ftmdry Inhabitants of the Cotmty of Hampfhire to them recommitted, praying that a Town may he laid off and eftablifhed at a Place called Tucker's

Plantation, on the

Land

of

Lord Fairfax,

in the faid Coimty,

and had come to a

Refolution thereon.

That the faid Petition be rejedted. Two from the Town of Dumfries, in the County of Prince William, praying that new Warehoufes for the Infpedtion of Tobacco may be built on Lots No. 172 and 174, in the faid Town, and to be under one and the fame Infpedtion; and that an Adt may pafs for that Purpofe, was prefented to the Houfe and read. Alfo a Petition of feveral Merchants, Commanders of Ships, and others, trading to
Refolved,
Petitions

the

Town

of Dumfries, in Oppofition thereto.

Ordered

loo

That the faid Petitions be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof; and
Ordered,

report the fame, with their Opinion thereon, to the Hotafe. A Petition of Charles Carter, Efq fetting forth that he
;

Fee Taille of and and known by the in a Tradl of Land, containing about 300 Acres, Name of Norman's Ford, in the County of Culpeper; and that he is aKo feized in Fee Simple of a Tradl of Land, in the County of King George, containing about 700 Acres; and that it would be of great Advantage to the Petitioner, and the Heir in Taille, to dock the Entail of the faid 300 Acres of Land, and to fettle the faid 700 Acres, which is Purpofe. of greater Value, to the fame Ufes; and praying that an Adl may pafs for that Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and the fame. it is referred to M"' Bland to prepare and bring in M'' Cary, from the Committee of Claims, reported that the Committee had had imder their Confideration the Petition of John Buchanan to them referred, and come to a Refolution thereupon which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to by the Houfe, as follows Refolved, That the Petition of John Buchanan, praying to be allowed for his Services in purchafing Provifions for the Cherokees, be rejedled. A Petition of feveral Merchants and others, in behalf of the Infpe(5lors at Shockoe and Byrd's Warehoufes praying that their Salaries may be augmented, adequate to their Trouble, was prefented to the Houfe and read, and ordered to lie on the Table. A Petition from the Coimty of Caroline, to alter the Execution Law and that the Proprietors of all publick Warehoufes for the Reception of Tobacco may be obliged conftantly to keep good and fufficient Skiets to raife the Tobacco fix Inches from the Ground, was prefented to the Houfe and read and the Queftion being put that the faid
is

feized in called

commonly

Petition be referred to a Committee, It paffed in the Negative.


Refolved,
"

That the

faid Petition

be

rejedled.

Mercer prefented to the Houfe, according to Order, a Bill For eftablifhing the Town of Romney, in the County of Hampfhire; and the fame was read the firft Time, and ordered to be read a fecond Time. A Bill To oblige all Captains or Commanders of Veffels, taking in Tobacco on Freight in this Colony, to make Publication of the Freight they fhall fail at, before their Loading fhall be obtained, was read the fecond Time. Ordered, That the faid Bill be engroffed and read a third Time.
M''

George Johnfon be added to the Committee for Courts of Juftice. The Order of the Day being read, for the Houfe to refolve itfelf into a Committee to take into their further Confideration the Govemours Speech. Refolved, That this Houfe will again refolve itfelf into the faid Committee on
Ordered,

That

M''

Monday

next.

Petition of the Juftices of the

County Court

of York, fetting forth that they

have

expended the Sum of 14 in repairing the publick Wharf at the Tobacco Infpedlion at York Town, that the Rents of the Warehoufes at the faid Infpedlion are infufficient to reimburfe the faid Sum, and praying they may be allowed the fame by the Publick, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims that they examine into the Allegations thereof, and report the fame, with
;

their Opinion thereupon, to the Houfe.

Petition of Nathaniel Stedman, a Soldier in


left

Major Lewis' Company,

in the late

of Virginia Regiment, fetting forth that he was 9"^ of May following he 1758, and on the Capt. Waggoner, in the Month of into the Enemies Coimtry, where he carried and Indians, the Prifoner by taken was

at Fort Pitt, imder the

Command

remained in Captivity until the 7 of i4MgM/i!, in the Year 1761, when he made his Efcape from the Savages that on his Return back to his Regiment, he was taken fick at
'*>
;

Yawyawgania

loi

Yawyawgania, and continued there until he enlifted into the prefent Regiment; but many Hardfhips he underwent during his Captivity, which was the Caufe of his long Sicknefs, difabled him joining his Corps before it was difbanded and praying that this Houfe will take his Cafe into Confideration, and order him his Pay, and fome Satiffadlion for his Sufferings during his long Captivity among the Savages, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of M' Mercer and M'' Wafhiugton; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe. And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
the
;

43

IFxiha^,

tl)e I9tl)

of ^ftovember, 3 (Beo.

III.

1762.

the Oaths appointed be taken by Adt of Parliament, inftead of the Oath of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and alfo repeated and fubfcribed the Teft, took their Seats in the Houfe. Several Claims of Grief Randolph, William Jacket and John Galldhew, for taking up Rimaways therein mentioned, were feverally prefented to the Houfe and received,
to

SEVERAL Members returned upon new Writs, having taken

and referred to the Confideration of the Committee of Claims. A Petition of William Purrel, praying that he may be allowed for going Exprefs to the fouth Branch of Potowmack, to the Captain of the Prince William Militia, by Order of the Commanding Officer of the faid County, and returning immediately back to the
faid Coimty.

he

may be

Alfo a Petition of John Pofey, a Lieutenant in the Virginia Regiment, praying that allowed for feveral Men enlifted by him, and deferted after being legally paffed,
;

and Charges, for all which he has proper Vouchers and praying the Confideration of the Houfe therein, were feverally prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims that they examine into the Allegations thereof, and report the fame, with and
his Ferriages
;

their Opinion thereon, to the Houfe. A Motion was made for Leave to bring in a Bill To oblige the Juftices of the County Court of Prince William to levy for the Inhabitants of Fauquier County their Proportion of a Sum of Money levied on the Tithables of the faid County of Prince William before it was divided, and laid out in the Purchafe of Arms, now retained for the Ufe of the faid Coimty at Prince William; and the Queftion being put there upon.
It paffed in the

Negative.

fundry Attorneys pradlifing in the feveral Courts of this Colony, praying An Ad^ for regulating the Pradice of Attornies, may be amended, entitled, thditth^ Ad, and that their Fees may be made diftrainable, and that they may receive fuch other
Petition of

Redrefs as this Hotife fhall think reafonable, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and report the fame, with Opinion thereon, to the Houfe. A Petition of William Edwards and James Price, Infpedlors at Gray's Creek Warehoufe, in the

Coimty

of Surry, fetting forth that the Salary allowed

by Law

cient Satiffadlion for their Trouble;


fo as to

and praying that

their Salaries

may

is not a fuffi. be increafed,

be adequate to the Trouble they are at in the Execution of their faid Office, was prefented to the Houfe and read, and ordered to lie on the Table. M"' Gary, from the Committee of Claims, reported that the faid Committee had had under their Confideration two Petitions to them referred, and had come to two Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again read, and are as follow
;

Refolved
>

Hening, VI,

p. 140.

;:

I02

That the Petition of John Gatewood, and others, Legatees, claiming tinder the Will of John Gatewood, deceafed, to be allowed for Tom, a Negro Man Slave who was apprehended and committed for Burglary and by Severity of the Weather during his imprifonment fo froftbitten that, though he was afterwards acquitted, his Legs were cut off, and he died foon after, is reafonable; and that they ought to be paid by the PubHck the Sum of ,^0 for the faid Slave, and alfo the Sum of ;^ii 165. to reimburfe
Refolved,
;

43

them

for fo

much

paid in endeavouring to cure the faid Slave.

That the Petition of Capt. Thomas Bullett, Capt. John Blagg, Capt. William Fleming and Enfign James Walker, Oflficers of the Virginia Regiment, to be reimburfed the Botmty Money and Subfiftence of feveral Recruits by them enlifted for the faid
Refolved,

Regiment, who deferted before they arrived at the Place of Rendezvous, is reafonable and that they ought to be allowed the Sums following, viz. The faid Thomas Bullett the Sum of 41 i6s. 8d. the faid John Blagg the Sum of ;^ 51 iis. 4d. the faid William Fleming the Sum of 20 8s. and the faid James Walker the Sum oi 6-j, being the Sums
feverally paid

by them

for the

Botmty and Subfiftence

of the Recruits enlifted

by the

faid Officers refpedlively.

The firft Refolution being read a fecond Time, was agreed to by the Houfe. The laft Refolution being aKo read a fecond Time, and the Queftion put that the Houfe agree thereto,
It paffed in

the Negative.
fo

On

a Motion made.

Report as relates to the Petition of Capt. Thomas Bullett, and the other Officers therein mentioned, be recommitted to the faid Committee. M"' Attorney, from the Committee of Propofitions and Grievances, reported that the faid Committee had had tmder their Confideration fundry Propofitions and Petitions to them referred, and had come to feveral Refolutions thereupon which he read in his Place, and then delivered in at the Table, where they were again read, and are as follow Refolved, That the Petitions of fimdry Inhabitants of the Coimty of Prince William,
Ordered,

That

much

of the

and other Traders, Inhabitants of the Town of Dumfries, in additional Warehoufes may be eftabhfhed in the faid Town that praying Covmty, that for the Reception of Tobacco, on the Lots therein mentioned, and numbered 172 and 174, to be put tinder one Infpe(5lion with the prefent Warehoufes in the faid Town, be reand
of feveral Merchants,
je(5led.

Refolved,

That the Petition

of

fundry other Inhabitants of the faid Town, and of


is

divers Mafters of Ships trading thither, in Oppofition thereto,


Refolved,

reafonable.

That the Petition That the Petition

of fundry Inhabitants of the Parifh of Frederick, in the

may be divided, be rejedled. fundry Merchants and Tradefmen of the County of Fairfax, praying that the Laws relating to Pedlars may be amended, and that they may be put under a better Regulation than they are at prefent, is reafonable. Refolved, That the Petition of fundry Inhabitants of the County of Culpeper, praying that the Court Day of that County may be altered from the third Thurfday to the fourth Monday in every Month, is reafonable. Refolved, That the Petition of fundry Inhabitants of the Cotmty of Lunenburg, praying that a Ferry may be eftablifhed from the Land of Richard Fox, over Roanoke
County
of Frederick, praying that the faid Parifh
of

Refolved,

River, to the

The

fourth

Land of James Blanton, oppofite thereto, is reafonable. and laft Refolution, being feverally read a fecond Time, were agreed
fecond

to

by

the Houfe.

The

firft,

and

fifth

Refolutions, being
thereto.

aKo read a fecond Time, and the Quef-

44

tion feverally put that the

Houfe agree

It paffed in the Negative.

That the faid Refolutions of the faid Committee be rejedted. Ordered, That it be an Inftrudlion to the Committee appointed to bring in a Bill For amending and further continuing the Act for amending the Staple of Tobacco, and
Refolved,

preventing

I03

preventing frauds in his Majefty's Cuftoms, that they receive a Claufe or Claufes purfuant to the
Ordered,
firft

Refolution.

That a Bill or Bills be brought in purfuant to the ^^ Refolution, and it is referred to the Committee of Trade to prepare and bring in the fame. Ordered, That a Bill or Bills be brought in purfuant to the laft Refolution of the faid Committee, and it is referred to the Committee of Propofitions and Grievances to prepare and bring in the fame. Gary, from the Committee of Claims, reported that the faid Committee had had imder their Confideration an Accovmt of M"' Ifrael Chriftian againft the Publick, to them referred, and had come to three Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, and are as follow On confidering the faid Accotint, and the Vouchers thereto, it appeared to your Committee that one Edmund Atkin, Efq; as Agent for, and Superintendent of, the

Affairs of his Majefty's Allies, the feveral Nations of Indians inhabiting the Frontiers

of Virginia, North

and South Carolina, and Georgia, and

their Confederates, did grant


5'*"

a Commiffion to one Ghriftopher Gift, deceafed, bearing Date the

Day

of July, 1757,

appointing him Deputy Agent for Indian Affairs in this Colony, with an Allowance los. Sterling, or 12s. 6d. Current Money of Virginia a Day, payable out of the Money appropriated, or to be appropriated, by the Government thereof to Indian Service thereby, alfo empowering him, the faid Gift, in Cafe of the Death, Refignation or Removal of either of the Condudlors, Interpreters, or other Perfons, appointed by him the faid
fit Perfon in his ftead. appears to your Gommittee, by Virtue of the faid Commiffion to the faid Ghriftopher Gift, he reciting the fame, did, on the i'' Day of January, 1758, by Commiffion, appoint the faid Ifrael Ghriftian to be Condudlor to the Indians employed in his Majefty's Service in this Colony, with an Allowance of 5s. a Day, payable out of the Money appropriated, or to be appropriated, to the fouthem Indian Service; and that during the faid Ghriftian' s ading under the faid Commiffion from the faid Gift, moft of the Articles and Charges in the faid Account now before your Committee accrued. It appears to your Gommittee that the faid Ghriftian always expedled a Settlement

Atkin, to appoint another


It

and Payment of the faid Accoimt from the faid Gift, who extradled thereout fundry Articles, amounting to the Sum of ;^ 162 i8s. 3d. which with the Vouchers for the fame were carried and prefented to Major General Amherft, who on Account of the Crown allowed and paid to the faid Ghriftian the Simi of 49. 13s. 3d. in Part of the faid Account fo prefented, the fame being for Goods and Merchandize, delivered the Indians by the faid Ghriftian; the Refidue of the faid Account being 113. 5s. for Cafh paid Condudlors of Indians, was difallowed.
It appears to your Gommittee that the faid Ifrael Ghriftian hath delivered Goods and Merchandize to the Indians, amoimting to 99. 14s. and a Halfpenny and that the Refidue of the faid Account now before yotu: Committee amounting to 182 15s. 6d. Halfpenny, is Part of it for Cafh paid by him for Horfes and Horfe Hire for Indians, to feveral Perfons, due before, though paid by him fince his Commiffion from Gift; and the Refidue of his Wages at 5s. a Day, as a Condudlor, and for Cafli paid other Condudtors
;

of Indians.

That the faid Ifrael Ghriftian ought to be paid by the Publick the Sum and a Halfpenny, for fundry Goods, Wares and Merchandizes, delivered by him to the Indians as by his faid Account appears. Refolved, That the Sum oi 132 ss. the faid Ghriftian' s Pay, as Condudlor to the
Refolved,
99. 14s.

of

Indians, be rejedled, not being a publick Charge.


Refolved, That the Sum of 50. los. 6d. Halfpenny (including;^ 22 difallowed by Major General Amherft) for fo much Cafh paid by the faid Ghriftian to feveral Indian Condudlors, and for Horfes and Horfe Hire, be rejedled, not being a publick Charge. A Petition of Henry Peyton, fetting forth that at a former Seffion of this prefent General Affembly he preferred a Petition to this Houfe, complaining of an undue Eledlion

and

I04

John Baylis and M"^ Henry Lee, to ferve as Burgeffes for the Coiinty of Prince William, and therein charged the Sheriff of the faid County with Malepradlices for clofing the Poll on the firft Day of the Eledlion, contrary to an Agreement entered into, with his Affent, by all the Candidates at that Elecftion, that the Poll fhould be adjourned, and not clofed \intil the fecond Day; and praying Leave of this Houfe to withdraw fo much of his faid Petition as relates to the Sheriff's Agreement aforefaid, and that he may be permitted to proceed with a Scrutiny of the Poll only, was prefented to the Houfe and read; and the Queftion being put that the faid Petition be

and Return

of M''

agreed
It

to,

paffed in the Negative.

Refolved,

That the

faid Petition

be

reje(5ted.

County of Augufta, fetting forth that in March through that County, came to April 1758, a Party the Petitioner's Houfe, and violently took from him fvmdr}^ Goods, to the Value of 20, which he has never been able to recover and praying the Confideration of the Hotife therein, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
Petition of Robert
of the of Cherokee Indians, in their
;

M'Mahan,

their Opinion thereon, to the Houfe.

And

then the

Houfe adjourned

until

Tomorrow Morning 11

"'Clock.

Saturday* t^e 20t^ of tiftovember. 3 <5eo.

III.

1762.

Two

Claims of James Brown and Charles Tinfley, for taking up Runaways therein mentioned, were prefented to the Houfe and received, and referred
to the Confideration of the

Committee

of Claims.

Petition of fimdry Inhabitants of the feveral Parifhes in the

County

of

Lunenburg, fetting forth that the faid County is fo very large and extenfive that the Legiflature thought it expedient and neceffary to divide the fame into three diftindl

James and Cumberland; that in each of the faid Parifhes Number of Tithables to fupport and maintain the Expenfe of a ftifficient very is a each of the faid Parifhes may be eredled into a diftindl Coimty, County, and praying that
Parifhes, viz: Cornwall, St.

may pafs for that Purpofe, was prefented to the Houfe and read. That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
and that an
A(5l

Ordered,

report the fame, with their Opinion thereon, to the Houfe.


M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the Houfe, according to Order, a Bill To oblige the Juftices of the County of Albemarle, to refund to the Counties of Amherft and Buckingham their juft Proportion of the Money paid for Weights and Meafures before the Divifion of the faid County of Albemarle; and the fame was read the firft Time, and ordered to be read a fecond Time. Alfo a Bill For diffolving the Veftry of the Parifh of Hampfhire, in the County of

Hampfhire, and eledling a new Veftry in the faid Parifh and the fame were feverally read the firft Time, and ordered to be read a fecond Time. The Hotife being informed that M"' Thomas Bailey, one of the Members for the
;

County
of

was at the Time of his Eledlion Sheriff for the faid County That the faid Information be refeiTed to the Confideration of the Committee Privileges and Eledlions that they examine into Matters thereof, and report the fame,
of Surry,

Ordered,

with their Opinion thereon, to the Houfe. A Bill For dividing the Parifh of Accomack, in the County Accomack, into two diftindl Pariflies, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time

X05]

Bill

For eftablifhing the

Town
M''

a fecond Time, and committed to

of Romney, in the County of Hampfhire, was read Richard Henry Lee and M' Henry Lee and
;

On

a Motion made,

That it be an Inftru(5lion to the faid Committee that they receive a Claufe add feveral Lots laid off by John Randolph, Efq adjoining to the City of Williamfburg, to the faid City and to exempt certain Perfons holding marfhy Lots in the Town of Dumfries from building thereon. Ordered, That M'' Dandridge have Leave to be abfent from the Bufinefs of this Houfe
Ordered,

or Claufes to

ten Days.

Account of William Sewell, Keeper of the Gaol of the County of Fairfax, praying to be paid his Fees for fundry Perfons committed to the faid Gaol in the Years 1754 and
1755, was prefented to the Houfe and received, and referred to the Confideration of the Committee of Claims. A Bill For building a Bridge over Nottoway River, from the Land of Jeffe Brown, was read the fecond Time. Subfcription, by Ordered, That the faid Bill be engroffed, and read a third Time. And then the Houfe adjourned until Monday Morning 11 "'Clock.

An

iHonday,

tl)e

22n6

of 5tovember,

(Bco.

III.

1762.

MR

Landon Carter, from the Committee for Courts of Juftice, prefented to the Houfe, according to Order, a Bill For further continuing and amending the Ad, entitled. An Ad, for the better regulating and colleding certain officers
fees

and

for other Purpofes therein mentioned

and the fame was read the

firf t

Time'

and ordered to be read a fecond Time. On a Motion made, Ordered, That Leave be given to bring in a Bill For Relief of infolvent Debtors '' for the effe(5lual Difcovery, and more equal Diftribution of their Eftatesand it referred to M"' Richard Henry Lee and M' Bland to prepare and bring in the fame A Petition of the Infpedlors at the feveral Warehotifes in the County of New Kent fetting forth that the Btifmefs at their refpedlive Warehoufes is of late Years very much increafed, and praying their Salaries may be enlarged, was prefented to the Houfe and
read.

faid Petition do lie on the Table. Infpedlors the of Guilford Warehoufe, in the Cotmty of A Petition of Accomack and fundry other Inhabitants of that County, fetting forth that the prefent

Ordered,

That the

in a niinous Condition,
;

and has been

fo often repaired that

it

will

Reparation and praying that a new One may be ereded at a Place called Point, on Hunting Creek, and that an Adl may pafs for that Purpofe, was
the Hotafe and read.

Warehoufe is admit of no furth


Tinley's

prefented to

Ordered, That that the faid Petition be referred to the Committee of Proportions and Grievances that they examine into the Allegations thereof, and report the fame
;

with their Opinion thereon, to the Houfe.

'

Petition of George Parker, fetting forth that Richard Bennet, late of


laft

Will and Teftament, bearing Date the 25'h Day of September, in the Year 1749, among other Bequefts, gives unto one George Parker of the County of Accomack, in this Colony, and his Heirs, all his Lands and Plantations, as well as thofe on Bennet's Creek, in Nanfemond County, as elfewhere in the faid Colony, and alfo all his Negro and Mulatto Slaves in the faid Colony, his Stock of homed Cattle, Sheep Hogs Horfes and Horfe Kind, and all other his perfonal Eftate, that at the Tiine of his Death fhould be upon his faid Lands, in Truft, for the raifmg the Sum of 30 Virginia Current Silver Money annually for ever, and paying the fame to the Churchwardens of the
Parifh
'

Efq; by his

Maryland

Hening, V,

p. 326.

io6]
called the lower PariXh of

Parifh wherein the faid Lands

lie,

now

Nanfemond; which

faid annual Stun is to be paid at the Church Door of the faid Parifh to the Churchwardens on the 25"" of March in every Year, and to be applied towards clothing fuch and fo many-

poor People as the Veftry and the Churchwardens of the faid Parifh fhould judge to be moft needy, and then to the further Ufe of the faid George Parker, and the Heirs of his Body, and for Want of fuch Iffue to the Ufe of the Teftator's right Heirs, for ever, fubjedt neverthelefs to the faid annual Payment of ;^ 30 That the Petitioner is Son and Heir at Law of the faid George Parker, and that fmce his Father's Deceafe Colonel Richard Bland, a Member of this Houfe, recovered from the Petitioner the faid Land on Bennet's Creek (which was all the Land left the Petitioner's Father by the faid Will) fo that the Petitioner, who now lives in the Cotmty of Accomack, on the Eaftem Shore of this Colony, has been obliged for fome Time paft, and without the Interpofition of the Legiflature, he apprehends, will ftill be obliged, to take a long Journey of 130 Miles once every Year to comply with the Diredlions of the faid Will, to pay the faid Annuity to the Churchwardens at the Church Door of the faid Parifh, which feems to be repugnant to the Intention of the Teftator, who thought he had, by giving his faid Father the Lands on Bennet's Creek, enabled him to perform the faid Bequeft with Convenience and praying that an A(5t may paf s to enable him to make one Payment of 600 to the Churchwardens of the faid Parifh, in Lieu of the faid perpetual Annuity of 30, and that the Churchwardens may be obliged to lay out the fame in Purchafe of Lands, or other fufficient Security for faid annual Payment and that the Petitioner may be empowered to difpofe of the Refidue of the faid Bequeft made to his Father, the better to enable him to make
: ;

the faid Payment, was prefented to the Houfe and read. Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition, it and is referred to M'' Parramore to prepare and bring in the fame. M"- Attorney, from the Committee of Propofitions and Grievances, prefented to the

48

Houfe, according to Order, a Bill To amend the Adt, entitled. An Ad to oblige the Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make Openings
or Slopes therein for the Paffage of Fifh,

and for

other Piirpofes therein mentioned.

County of Frederick. Alfo a Bill For Alfo a Bill For adding Part of the Coimty of King and Queen to the County of Caroline, and for altering the Court Day of King and Queen. Alfo a Bill For dividing the Parifh of Nottoway, in the County of Southampton.
eftablifhing the
of Mecklenburg, in the

Town

And
Time.

the faid Bills were feverally read the

firft

Time, and ordered to be read a fecond

Ordered, That M'lfrael Chriftian have Leave to be abf ent the Remainder of this Sef fion.

Gary, from the Committee of Claims, reported, according to Order, that the faid Committee had had under their further Conlideration the Petition of Capt. Thomas Bullet, Capt. John Blagg, Capt. William Fleming and Enfign James Walker, Officers of the Virginia Regiment, to them recommitted, and had come to a Refolution thereon; which he read in his Place, and then delivered in at the Table, where the fame was again twice read and agreed to by the Hotafe, and is as follows Refolved, That the Petition of the faid Officers, to be reimburfed the Bounty Money and Subfiftence of feveral Recruits by them enlifted for the faid Regiment, who deferted before they arrived at the Place of Rendezvous, is reafonable and that they ought to be allowed the Siims following, viz. The faid Thomas Bullett the Sum oi 41. 16s. 8d. the faid John Blagg the Sum of 51. lis. 4d. the faid William Fleming the Sum of 20. 85. and the faid James Walker the Sum of 67, being the Stmis feverally paid by them for the Boimty and Subfiftence of the Reci-uits enlifted by the faid Officers refpectively, to be paid out of the Money raifed in Purfuance of an A(5l of Affembly, entitled An Ad'' for granting an Aid to his Majefty, and for other Purpofes therein mentioned. An Account of John Rofs for 674 lbs. of Pork for the Ufe of the Garrifon of was prefented to the Hovife and received. Ordered, That the faid Account be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
M";

their Opinion thereon, to the Houfe.

Ordered
I

Hening, VII,

p. 409.

'

Not

in

Hening.

I07

fitions and Grievances,


M""

That M' Wormeley, M^ Walker, be added to the Committee of Propo M"' Wormeley to the Committee of Privileges and Eledlions, Read and M'' Walker to the Committee of Claims, and M'' Terry to the Committee of
Ordered,

Trade.

On
and

a Motion made.

Ordered,
it is

That Leave be given to bring in a Bill For deftroying Crows and Squirrels referred to M'' Gary, M' Richard Henry Lee and M"' Henry Lee, to prepare and

bring in the fame.

M'
tions

Attorney, from the

Committee

of Proportions

and Grievances, reported, accord-

ing to Order, that the faid Committee

had had

iinder their Confideration divers Propofi-

and Petitions from


;

feveral Counties to

which he read in his where they were again read, and are as follow: Refolved, That the feveral Petitions of fundry Inhabitants of the County of Lunenburg, praying that the faid County may be divided into three diftindl Counties, according to the Boiuidaries of the three Parifhes therein, and that the faid three Parifhes may be feverally eredled into a diftindl Coimty are reafonable. Refolved, That fo much of the Petition of fundry Attomies as prays that their Fees may be enlarged, is reafonable. Refolved, That fo much of the faid Petition as prays that their Fees may be made
Refolutions thereon
dif trainable,
is

them referred, and had come to feveral Place, and then delivered in at the Table,

reafonable.

The firft Refolution being read a fecond Time, was agreed to by the Houfe. The fecond and laft Refolutions being aKo read a fecond Time, and the Queftion put that the Houfe do agree thereto,
It paffed in the Negative.

Refolved,

Ordered,
Bill,

That the faid Petitions be rejedled. That it be an Inftrudlion to the faid Committee to prepare and bring
firft

in a

purfuant to the

Refolution.
for dividing the

An engroffed Bill, entitled. An Ad


of

Accomack,
up.
Refolved,

into two diftind Parifhes,

Parifh of Accomack, in the County was read a third time, and the Blanks therein

filled

That the Bill do pafs. Ordered, That M"' Attorney do carry up the faid

Bill to

the Coimcil for their Con-

currence.

An engroffed Bill, entitled. An Ad'


the

Land
up.

of Jefife

for building a Bridge over Nottoway River, from Brown, by Subfcription, was read a third Time, and the Blanks therein

filled

Refolved,

Ordered,

That the Bill do pafs. That M'' Lemuel Riddick do


of the

carr}"-

up the

faid Bill to the Council for their into a Committee, to

Concurrence.

The Order
Refolved,

Day

being read for the Houfe to refolve

itfelf

take into their further Confideration the Govemour's Speech.

And

then the

That this Houfe will again refolve itfelf into the faid Committee tomorrow. Houfe adjourned until Tomorrow Morning ii "'Clock.

I3ues6a^, t^e 23r6 of November, 3 (Beo.

III.

1762.

Petition of

fundry Inhabitants of the County of Buckingham, fetting forth

that the Petitioners have heretofore experienced the great Utility of quarterly Courts, formerly eftabliflied in feveral Counties of this Colony, and foimd the

Method of carrying on Bufmefs in thofe Courts to have been much more convenient and expeditious, as well as lefs expensive, than the monthly Courts and praying that, inftead of the faid monthly Courts now held, quarterly Courts may be eftablifhed
;

in the feveral Counties of this Colony,

was prefented to the Hotife and


Ibid.,

read.

Ordered
Hening, VII,
p. 614.
=

VII, p. 623.

io8]

Ordered, That the faid Petition be referred to the Confideration of the Committee of Proportions and Grievances that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe.
;

On a Motion made,
Ordered,

Parifh to

fell

the Poor of

That Leave be given to bring in a Bill To empower the Veftry of Bruton three Lots in Williamfburg, and to lay out the Money for the Benefit of the faid Parifh and it is referred to M"' Attorney to prepare and bring in the ^
;

fame.

Petition of fundry Inhabitants of the

County

of Cumberland, fetting forth that

the Profecution of Suits in the County Courts, under the prefent Regulation, is become burthenfome, not only from the Delay of Bufmefs, but aKo from the extraordinary

Expenfe attending fuch Delay and praying that fome Method may be eftablifhed by which Suits might be carried to iffue, and prepared for Trial in the Clerk's Ofihce, as is pradlifed in the General Court, was prefented to the Hoiife and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe. Ordered, That M"" Bernard Moore be added to the Commmittees of Propofitions and Grievances and Privileges and Ele(5lions, and M"" Dalby to the Committee for Courts of
;

Juftice.

A Petition of George Heale, fetting forth that he is feized and poffeffed in Fee Taille, tmder the laft Will and Teftament of his Uncle John Heale, deceafed, of 67 Slaves, and of but four others of his own Purchafe that he is alfo feized in Fee of a Tradl of Land, containing about T130 Acres, in the County of Fauquier, which he ptirchafed of one Thomas Edwards; that having feveral Children, befides his eldeft Son and Heir apparent of his Body, it will not be in his Power to make any reafonable Pro\'ifion for his yoimger Children unlets he is enabled to difpofe of fome of his entailed Slaves and praying that an A(5l may pafs to dock the Entail of the faid Slaves, and to fettle the faid Tradl of Land, which will be of much more Advantage to the Heir in Taille, in Lieu thereof, to the fame Ufes, was prefented to the Houfe and read. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
; ;

and bring in the fame. M' Attorney, from the Conmiittee of Propofitions and Grievances, prefented to the Houfe, according to Order, a Bill For dividing the County of Lunenburg into three diftindl Counties and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of fundry Inhabitants of the County of Dinwiddie, fetting forth that there is an abfolute Neceffity for another Infpedlion of Tobacco on the River Appomattox; and praying that an Adl may pafs to eftablifh one at Fifher's Landing, on the faid River. Alfo a Petition of fundry Inhabitants of the County of Prince George, to the fame Effecft, were feverally prefented to the Houfe and read. Ordered, That the faid Petitions be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
it is

referred to M"' Attorney to prepare

report the fame, with their Opinion thereon, to the Houfe.

James City County, fetting forth that the Proprietors of the publick Warehoufes at Hog Neck having, purfuant to their Orders, built a Wharf there for the Convenience of receiving and fhipping Tobacco infpe(5led at the faid Warehoufe, they levied on the Inhabitants of their faid County, and paid the faid Proprietors, the Sum of 6 for the fame and praying that, as the Rents of the faid Warehoufes are not fufficient to repay them, they may be reimburfed by the Publick, was prefented to the Houfe and read, and committed to the Confideration of the Committee of Claims. A Petition of the Infpedlors of Tobacco at Colonel Robert Boiling's Warehoufe, in the County of Dinwiddie, praying that their Salaries may be increafed, equal to their Labour, was prefented to the Houfe and read. Ordered, That the faid Petition do lie on the Table.
Petition of the Juftices of
;

51

I09

Petition of fundry Inhabitants of the Counties of Dinunddie, Amelia, Brunfwick^

Lunenburg and Halifax, praying that a new Infpedlion for Tobacco may be eftablifhed on the Land of Robert Boiling, Gentleman, between the two Towns of Peter fburg and Blandford, was prefented to the Hovife and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe. M'' Attorney, from the Committee of Propofitions and Grievances, reported that the faid Committee had had under their Confideration a Petition from the County of Accontack to them referred, praying that the publick Warehoufes at CwiW/ord may be dif continued and that new Warehoufes may be eftablifhed at Finley's Point, on Hunting Creek, in the fame County, and had come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the
;

Houfe, as follows

That the faid Petition be rejedled. Ordered, That the Commiffioners appointed by Aft of Affembly for fettling the Accoimts relating to the Regiment be diredled to allow the Officers who recruited the Regiment for fuch Men who were recruited by them and paid the enlifting Money, and deferted before they could be carried to the Place of Rendezvous. Ordered, That M"' William Johnfon be added to the Committee of Claims. A Petition of fimdry Inhabitants of the Parifh of Albemarle, in the County of Suffex, in Oppofition to a Petition to be prefented for dividing the faid Parifh into two diftindl Parifhes, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof; and report the fame, with their Opinion thereon, to the Houfe.
Refolved,

An

engroffed

Bill, entitled,

An AA'

to oblige all

Captains or Commanders of Veffels


of the Freight they fhall

taking in Tobacco on Freight in this Colony, to


fail at, before their

make Publication

therein filled

up

Loadings fhall be obtained, was read a third Time, and the Blanks and the Queftion being put that the faid Bill do pafs,

It paf fed in the Negative.

That the faid Bill be rejedled. For the more eflfedlual keeping the publick Roads and Bridges in Repair was read the fecond Time, and ordered to be committed to a Committee of the whole Houfe Tomorrow. M' Cary, from the Committee of Claims, reported that the faid Committee had had imder their Confideration feveral Matters to them referred, and had come to feveral Refolutions thereon; which he read in his Place, and then delivered in at the Table, where the fame were again twice read, and agreed to by the Houfe, and are as follow Refolved, That the Petition of the Juftices of York County, to be paid the Sum of 14 by them expended in repairing the publick Wharf at the Infpedlion of Tobacco at York Town, in that Covmty, is reafonable; and that they ought to be allowed the faid Sum of 14, the Rents of the faid Warehoufe not being fufficient to reimburfe them the
Refolved,

Bill

fame.
Refolved,

That William Purcell ought to be allowed the

Sum of 2. 55. 8d.

as Affignee

of Giles Burdett, for the Exprefs in his Petition mentioned.

That the Claim of William Sewell, for the Prifon Fees of feveral Soldiers Years 1754 and 1755, be rejedled. Refolved, That the Petition of John Pofey, Lieutenant in the Virginia Regiment, to be allowed fundry Expenfes for enlifting and fubfifting feveral Recruits for the Virginia Regiment, and for the Bounty Money paid fome of the faid Recruits, and for Cafh paid,
Refolved,
in the

Reward and Prifon Fees paid for one of the faid Recruits who deferted, and alfo for a Dodlor for Medicines adminiftered to them when fick, is reafonable.
the
Refolved
'

Not

in

Hening

[no]
the Balance of the

That the faid John Pofey ought to be allowed the Sum of '/6. 14s. lod. Bounty Money and Subfiftence of the faid Recmits. That the faid John Pofey ought to be allowed the Sum of 8. 4s. gd. the Refolved,
Refolved,

Balance of the Dodlor's Account.


Refolved,

That the

faid

Ferriage for himfelf, Parties


in

John Pofey ought to be allowed the Sum of 22. js. id. for and Recruits, paid by him, the faid Recruits being enlifted

Maryland and Pennfylvania. Refolved, That the faid John Pofey ought to be allowed the Sum of 7. 14s. 4d. Halfpenny, paid by him for Prifon Fees, and the Reward for taking up John Berry, a That the feveral Sums allowed to the faid John Pofey ought to be paid out the Money railed in Purfuance of an Adl, entitled An Ad' for granting an Aid to
Refolved,

deferted Soldier.
of

his Majefty.

Ordered,

That

M''

Southy Simpfon have Leave to be abfent from the Bufmefs of this

Houfe
of

for 15 Days.

A Bill To obUge the Juftices of the County of Albemarle to refimd to the Counties Amherft and Buckingham their juft Proportion of the Money paid for Weights and Meafxires before the Divifion of the faid County of Albemarle, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill For further continuing and amending the Adl, entitled. An Ad' for the better regulating a>id colleding certain Officers Fees, mid for other Purpofes therein mentioned, was read a fecond Time, and committed to a Committee of the whole Houfe on Monday
next.

A
the

Bill

To amend

the Adl, entitled

An Ad^

to oblige the
to

Stone Stops, on futidry Rivers therein mentioned,

Owners of Mills, Hedges, or make Openings or Slopes therein for

Paffage of Fifh, and for other Purpofes therein mentioned, was read a fecond Time, and committed to the Committee of Propofitions and Grievances. A Bill For adding Part of the County of King and Queen to the County of Caroline, and for altering the Court Day of the faid County of King and Queen, was read the fecond

Time.

That the faid Bill be engroffed, and read a third Time. A Bill For diffolving the Veftry of the Parifh of Hampfhire, in the County of Hampfhire, and electing a new Veftry in the faid Parifh, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill For eftablifhing the Town of Mecklenburg, in the County of Frederick, was
Ordered,

S3

read a fecond Time.

That the faid Bill be engroffed, and read a third Time. For dividing the Parifh of Nottoway, in the Coimty of Southampton, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. The Order of the Day being read, for the Hotife to refolve itfelf into a Committee, to take into their further Confideration the Govemour's Speech. Refolved, That the Houfe will again refolve itfelf into the faid Committee on Friday
Ordered,
Bill

next.

On a Motion made.
That Leave be given to bring in a Bill To amend the Adl, entitled. An Ad* for encouraging Arts and Manufadures; and it is referred to M'' Wythe and M"' Attorney to prepare and bring in the fame. M'' Gary, from the Committee appointed, prefented to the Houfe, according to Order a Bill For deftroying Crows and Squirrels; and the fame was read the firft Time, and ordered to be read a fecond Time. And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Ordered,

Not

in Hening.

Hening, V,

p. 326.

Ibid.,

VII,

p. 321.

Ibid.,

VII, p 288.

III

>i^e6ne56ar.

tl)e

24tl) of !5tovembcr.

(Beo.

III.

1762.

AN

engroffed

County
up.

of

7?^'//, entitled, An Ad' for dividing the Parifh of Nottoway, tw the Southampton, was read a third Time, and the Blanks therein filled

That the faid Bill do pafs. Ordered, That M' Gray do carry up the faid Bill to the Council for their Concurrence. Two Claims of William Barham and Anthony Robinfon, for taking up Runaways therein mentioned, were prefented to the Houfe and read, and referred to the Confideration of the Committee of Claims. Alfo a Claim of David Swilling, praying that he may be allowed for a Horfe impreffed by Order of Colonel Spotfwood, deceafed, for the Ufe of the Militia in the Year 1755, and for 16 Days Attendance as a Phyfician on William Wilmore, a Soldier, in a nervous Diforder, by the Diredlions of the faid Colonel Spotfwood, was prefented to the Hotife and read. Ordered, That the faid Committee be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
Refolved,
their Opinion thereupon, to the Houfe.
M'' Attorney,

Houfe, according to Order, a Bill For enlarging the


of Fairfax.

from the Committee of Propofitions and Grievances, prefented to the Town of Alexandria, in the County

County

Alfo a Bill For appointing Diredlors and Truftees for the Town of Blandford, in the of Prince George, and to prevent Hogs nmning at large therein and the fame
;

**

Time, and ordered to be read a fecond Time. A Petition of John Palmer, praying that he may be allowed for a Horfe and Bridle impreffed by Order of the Commanding Officer of Fairfax Militia in 1756, and for which he has received no Satiffadlion, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with their Opinions thereupon, to the Houfe. A Memorial of Andrew Lewis, fetting forth that he entered into the Service of this Colony fo early as the Year 1754, when the Virginia Regiment was firft eftablifhed, and continued in it xmtil laft Spring, when it was reduced, dtmng which Time he flatters himfelf he has behaved well; that your Memorialift was taken Prifoner in 1758 by the Savages before Fort Du Quefne, and delivered over to the French, who committed him a clofe Prifoner in the Gaol of Quebeck, where he remained 16 Months; that his long Abfence from his domeftick Affairs, and the great and neceffary Expcnfes he was obliged to fubjecft himfelf to during his Captivity, in Order to fupport his Rank, has greatly impoverifhed his private Fortvme; and humbly praying this Houfe will take his Cafe

were read the

firft

was prefented to the Houfe and read. That the faid Memorial be referred to the Confideration of M"' Wafhington, M'' Wilfon, M'' Mercer, M'' Fitzhugh and M'' George Johnfton; that they examine into the Allegations thereof, and report the fame, with their Opinion thereupon, to the Houfe. Ordered, That M"' Walker have Leave to be abfent from the Bufinefs of this Houfe
into Confideration,

Ordered,

14 Days.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had imder their Confideration divers Propofitions to them referred, and had come to feveral Refolutions thereupon which he read in his Place, and then delivered in at the Table, where the fame were again twice read, and agreed to by the Houfe, and are as follow Refolved, That the feveral Petitions of fimdry Inhabitants of the Cotmties of Dinwiddie, Amelia, Brunfwick, Lunenburg, and Halifax, praying that Warehoufes for the

faid

Reception
"

Hening, VII.,

p. 6i8.

112]

Reception of Tobacco may be built, and a new Infpedlion eftablifhed, on the Land of Robert Boiling, Gentleman, on Appomattox River, between Blandford and Peterfburg,
are reafenable.
Refolved,

That the

feveral Petitions of ftmdry Inhabitants of the Counties of Suffex,

of

Prince George, Dinwiddie and Southampton, praying that Warehoufes for the Reception Tobacco may be built, and a new Infpecftion eftablifhed, at Fifher's Landing, on the
Ordered, That
it

faid River Appomattox,

be an be

rejedled.

who

are to bring in a Bill

Committee of Propofitions and Grievances, For further continuing and amending the Staple of Tobacco,
Inftru(5tion to the

That they receive a Claufe or Claufes purfuant to the firft Refolution. M' Gary, from the Committee of Claims, reported that the faid Committee had had under their Confideration two Petitions to them referred, and had come to two Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, and are as follow: Refolved, That the Petition of Robert M'Mahan, to be allowed for Damages done him by the Indians, is reafonable, and that he ought to be paid the Sum of 20. 2s. for
;

the fame.

building a

That the Petition of the Juftices of James City County, to be paid for at Hog Neck Warehoufe, in that County, is reafonable and that they ought to be allowed the Sum of 6 for the fame, the Rents of the faid Warehoufe being infufficient to reimburfe them the Expenfe thereof. Ordered, That it be an Inftrudlion to the Committee of Claims to make the faid
Refolved,

Wharf

Allowances in the Book of Claims, purfuant to the faid Refolutions. A Petition of Garter Henry Harrifon, and fundry other Inhabitants of the Counties of Cumberland and Buckingham, praying that an Adl may pafs to empower the faid Carter Henry Harrifon to build a Grift Mill over Willis's Creek, which nms through his Land, and to eredl a Dam acrofe the fame, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and report their fame, with their Opinion thereon, to the Houfe. A Motion being made, and the Queftion put that Leave be given to bring in a Bill To relieve fundry Perfons whofe Lands have been injured by cutting down their Timber to build Fort Loudoun,
It paffed in the Negative.

The Order
on the
next.
Bill

of the Day being read for the Houfe to refolve itfelf into a Committee For the more efTedlual keeping the publick Roads and Bridges in Repair. Refolved, That this Houfe will again refolve itfelf into the faid Committee on Friday

An AA for diffolving the Veftry of the Parifh of HampCounty of Hampfliire, and eleding a new Veftry in the faid Parifh, was read a third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M' Attorney do carry up the faid Bill to the Coimcil for their ConAn
engroffed Bill, entitled,

fhire, in the

currence.

engroffed Bill, entitled. An Ad' for adding Part of the County of King and Queen County to the of Caroline, and for altering the Court Day of the faid County of King and Queen, was read the third Time and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M"" Pendleton do carry up the faid Bill to the Council for their Con-

An

currence.
M''

Gary, from the Committee of Claims, reported that the faid Committee had

had

under their Confideration fimdry Accounts for Neceffaries fumifhed the Indians, and for Condudlors Pay for them, during the Campaign under General Forbes, in the Year
1758
'

Hening VII,

p. 616.

'

Ibid.,

VII, p. 620.

"3

1758, to

them

his Place,

referred, and had come to feveral Refolutions thereon which he read in and then delivered in at the Table, where they were again read, and are as
;

follow
Refolved,

That

it is

the Opinion of this Committee that


6s. gd.

to be allowed the

Sum of 61.

Thomas Rutherford ought Halfpeny, for Goods and Provifions ftimifhed the

Indians.

That the Balance of the faid Rutherford' s Account, being 12, for Condudlors Pay and Expenfes, be reje(5led. Refolved, That Everhart Deering ought to be allowed the Sum of 30. 15s. 9d. Halfpeny, for Provifions fumifhed the Indians. Refolved, That George Laiibinger ought to be allowed the Simi of 19. Qs. jd. Halfpeny, for Provifions fumifhed the Indians. Refolved, That the Claim of John Don, for a Quarter Cafk of Wine fumifhed the
Refolved,

Indians, be rejedled.

The

firft,

fecond, third

and

fourth Refolutions, being feverally read a fecond Time,

were agreed to by the Houfe. The laft Refolution being alfo read a fecond Time, and the Queftion put that the Houfe agree thereto. It paffed in the Negative.
Ordered, That the fame be recommitted to the faid Committee, to value the Wine Refolution mentioned, and to report the fame to the Hoxofe. the in A Bill For deftroying Crows and Squirrels was read a fecond Time, and committed to^the Committee of Propofitions and Grievances.

And then

the

Houfe adjourned

until

Tomorrow Morning 11

"'Clock.

I3burs6aY t^e 251^ of ^tovember. 3 (Bco.

III.

1762.

MR
It

Bland, from the Committee of Privileges and Eledlions, reported that the Committee had had under their Confideration the Information referred to them concerning the late Ele(5lion of M' Thomas Bailey to ferve as a
faid

Burgefs in this prefent General Affembly for the Coimty of Surry, and had agreed on a Report, and come to two Refolutions thereon which he read in his Place, and then deHvered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow
;

of Surry,

appears to your Committee that John Peter, late High Sheriff of the faid County formed the Office of Sheriff to one Thomas Cocke, who employed the faid M'

Bay ley, upon ftanding Wages, to execute the Office of Under Sheriff with him for two Years That in the Month of Auguft laft Thomas Wilfon was appointed and fwom High Sheriff of the faid Cotmty, at which Time there was one Month remaining imexpired of the Time the faid M"^ Bayley had undertaken to execute the faid Office for the faid Thomas Cocke; and that, by Permiffion of the faid Thomas Wilfon, he fwore in as Under Sheriff, to enable him to complete the faid Term of two Years, according to his Agreement with the faid Thomas Cocke; but that he never executed any Writ, or other Procefs, from the Time the faid Thomas Wilfon was fworn High Sheriff as aforefaid. Refolved, That it is the Opinion of this Committee that the faid M' Thomas Bayley was not Under Sheriff of the faid Coimty of Surry at the Time of the faid Eledlion. Refolved, That it is the Opinion of this Committee that the faid M'' Thomas Bayley
:

is

duly eledted to ferve as a Burgefs in this prefent General Affembly for the faid County

of Surry.

For appointing Diredlors and Truftees for the Town of Blandford, in the and to prevent Hogs running at Large therein, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time.
Bill

County

of Prince George,

M'

114]

M' Attorney from the Committee of Propofitions and Grievances, reported that the faid Committee had had tmder their Confideration divers Propofitions to them referred, and had come to feveral Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe,
as follow
Refolved,

That the Petition

of fundry Inhabitants of the Parifh of Albemarle, in

the County

of Suffex, praying that the faid Parifh

may be

divided, according to the

Lines in the faid Petition defcribed, be rejedled. Refolved, That the Petition of ftmdry Inhabitants of the faid Parifh, in Oppofition
thereto,
is

reafonable.

That the Petition of John Cocke, praying that a Ferry may be eftablifhed from the Town of Cobham, in the Coimty of Surry, over James River, to Jameftown, be
Refolved,
rejedled.
M''

Cary, from the Committee of Claims, reported that the faid Committee had had

imder

their Confideration feveral Matters to

them

referred,

and had come

to feveral

Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to, with an Amendment, as follow Refolved, That the Claim of John Rofs, for Provifions found at Pearfcall's Fort, in the Year 1756, be rejedled, not being regularly certified. Refolved, That the Claim of Gerfham Keys, for Provifions f\imifhed the Militia of Fairfax Covmty, be rejedled, it appearing that the laft Article in his Acco\mt has been

already allowed.

That the Petition of John Palmer, to be allowed for a Horfe and Bridle Ufe of the Fairfax MiUtia, be rejedled, it appearing that the faid Palmer was allowed for the fame in the laft Book of Claims. On a Motion made, Ordered, That Leave be given to bring in a Bill For the better and more regular coUedling his Majefty's Quitrents, and the publick Taxes and it is referred to M' Bland, M' Richard Henry Lee and M' Landon Carter, to prepare and bring in the fame. A Petition of Charles Binns, Clerk of Loudoun Coimty, praying fome Alteration as to his Fees, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
Refolved,

impreffed for the

report the fame, with their Opinion thereon, to the Houfe. An engroffed Bill, entitled. An Ad for eftablifhing the Town of Mecklenburg, in the County of Frederick, was read the third Time, and the Blanks therein filled up.

Refolved,

That the faid Bill do pafs. Ordered, That M' Mercer do carry up the faid Bill to theCoimcil fortheirConcurrence. A Bill For enlarging the Town of Alexandria, in the Cotmty of Fairfax, was read
Ordered,

the fecond Time.

That the faid Bill be engroffed, and read a third Time. And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.

IFxihat.

tl)e

26tb of ^flovember. 3

(Beo,

III.

1762.

THE

Houfe, according to Order, refolved itfelf into a Committee to take into their further Confideration the Govemotu-'s Speech and after fome Time fpent therein, M'' Speaker refumed the Chair, and M' Attorney reported that the
;

Committee had had the faid Speech, and the Letters to them referred, tmder their further Confideration, and gone through the fame, and had come to two Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, with an Amendment, as follow:
;

Refolved
1

Hening, VII, p. 600

"5]

That an Addrefs be prefented to his Honour the Govemour, to affure him of our inviolable Attachment to his Majefty and his Service, and at the fame Time to exprefs our Concern that the prefent unhappy Circimiftances of this Colony will not permit us to manifeft our Zeal for the Support of the common Caufe, by continuing the Regiment for a longer Time than it now f tands provided for The large Sums that we have been obUged to iffue in Treafury Notes, to enable us to comply with his Majefty's Requifitions, have already occafioned feveral Complaints, particularly from the Merchants of Great Britian trading to this Colony and as we have no other Means of defraying the Expenfe of the Regiment than by a new Emiffion of Treafury Notes, which will not only increafe thofe Complaints, but may greatly depreciate the Value of the Notes already iffued, to the manifeft Injury of the Trade and Credit of this Colony, we flatter ourfelves that our Refufal will not be looked upon as a Deviation from, but rather a Continuance of, that Affedlion and Loyalty which have hitherto influenced all our
Refolved,
:
;

Adlions.
Refolved, That an humble Addrefs be made to his Majefty, to congratulate him on Event of the Birth of an Heir to his Crown and Virtues. happy the Ordered, That a Committee be appointed to draw up the feveral Addreffes ptirfuant Bland, M.' Richard Henry to the faid Refolutions and it is referred to M'' Attorney, Pendleton and M'' Wythe, to prepare and bring in the fame. Lee, A Petition of Richard Baker, for and in Behalf of his Brother James Baker, deceafed, late a Lieutenant in the Virginia Regiment, fetting forth that his faid Brother was fent out by Order of the late Govemour Dinwiddie to the Nottoway and Tufkarora Nations of Indians, to induce them to take up Arms in Defence of this Colony that his faid Brother did accordingly raife and march large Bodies of the faid Indians, feveral Times, to the Frontiers of this Colony that by f undry long and expenfive Joumies from Fort Cumberland to the faid Nations of Indians, and his Expenfes in procuring the faid Indians firft to march, he expended large Stmis of Money, befides going in Debt to fimdry Perfons in the Sum of ;i5o, or thereabouts; that he was foon after flain on the Banks of the
;

Ohio, near Fort DuQuefne, bravely fighting in Defence of his Country, without leaving

Demands; and praying that he may be allowed by the Publick a Sirni of Money fufficient to difcharge his faid Brother's Debts, was prefented to the Houfe and read, and referred to the Confideration of the Committee of Claims.
fufficient to fatiffy the faid

On a Motion made.
Colony lay his Accoimts before the Houfe. The Houfe, according to Order, refolved itfelf into a Committee on the Bill For the more effedlual keeping the publick Roads and Bridges in Repair; and after fome Time fpent therein, M'' Speaker refumed the Chair, and M'^ Attorney reported that the Committee had gone through the faid Bill, and made feveral Amendments thereto which they had directed him to report to the Houfe; and he read the faid Amendments in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to, with fome Amendments. Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third Time.
Ordered,

That the

Treafvu-er of this

And then

the

Houfe adjourned

until

Tomorrow Morning ii

''Clock.

Satur6ar. tb^ ^^^b of November. 3 (Beo.

III.

1762.

THE
(9

Treafurer, according to Order, laid his Accoimts before the Houfe.

Ordered,

That the

faid Accounts

do

lie

on the Table,

for the Perufal of the

Members

of this Houfe.

A
his
;

Petition of

Soldier in the Virginia

Abraham Lunderman, fetting forth that he hath been a Regiment upwards of five Years, during which Time he hath done

Duty that by extreme Colds in the Service he has contradled a rheumatick Diforder, which has taken away the Ufe of his Limbs, in which Condition he is like to remain the
Reft

"6

Reft of his Life

and praying fome Relief

for his Staff erings,

was prefented

to the

Houfe

and read

^'"

Ordered,

of Claims; that they

That the faid Petition be referred to the Confideration of the Committee examine into the Allegations thereof, and report the fame, with

their Opinion thereon, to the Hotife.

M' Richard Henry Lee, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To explain and amend one Adt of Affembly, made in the 4*'' Year of the Reign of Queen Anne, entitled. An Ad far regulating the Eledions of Burgeffes, for fettling their Privileges, and for afcertaining their Allowances; alfo one other A($t, made in the lo"* Year of George II. entitled, An Ad' to declare who fhall have a Right to vote in
'

the

Eledion of Burgeffes
firft

to ferve

in the General Affembly for Counties, and for preventing

fraudulent Conveyances in Order to multiply Votes at fuch Eledions;

and the fame was

read the

Time, and ordered to be read a fecond Time.

from the Committee of Propofitions and Grievances, to whom the Bill To amend an Adl, entitled. An Ad^ to oblige the Owners of Mills, Hedges, or Stone Stops on fundry Rivers therein mentioned, to make Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein mentioned, was committed, reported that the Committee had made feveral Amendments thereto; which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third
M'' Attorney,

Time.
M"' Attorney,

from the faid Committee, prefented to the Houfe, according to Order,

a Bill To amend an Adl, entitled An Ad* for regulating Ordinaries, and Reftraint of Tippling Houfes; and the fame was read the firft Time, and ordered to be read a fecond Time. M'' Attorney, alfo reported that the faid Committee had had tmder their Confideration divers Propofitions and Petitions from feveral Counties to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow: Refolved, That the Petition of Nicholas Davies, praying that a Ferry may be eftabUfhed from his Land in the County of Bedford, near the Mouth of Tuckaho Creek, over the Fluvannah River, to his Land near the Mill Stone Quarry, in the County of Amherft, ought to be referred to the Confideration of the next Seffion of Affembly. Refolved, That the Petition of fundry Inhabitants of the upper End of the County of Amherft, praying that a Ferry may be eftablifhed from the Land of Cornelius Thomas, at or near the Mouth of Mill Creek, on the north Side of the Fluvannah River, to the oppofite Land of Nicholas Davies, in the County of Bedford, ought to be referred to the Confideration of the next Seffion of Affembly. Refolved, That the Petition of ftmdry Inhabitants of the Coimty of Albemarle, contiguous to the praying that a Town may be eftablifhed on the Land of Courthoufe of the faid County, is reafonable. Refolved, That the feveral Petitions of fundry Inhabitants of the Counties of Buckingham and Cumberland, praying that quarterly Courts may be eftablifhed in the feveral
;

Coimties of this Colony, are reafonable. Refolved, That the Petition of Carter Henry Harrifon, Gentleman, and fundry Inhabitants of the Counties of Cumberland and Buckingham, praying that he may be empowered
to build a Mill
is

and

raife a

Dam

over Willis's Creek, in the faid County of Cumberland,


of ftmdry Inhabitants of the Parifhes of

reafonable.
Refolved,

and

Truro, in the Counties of Fairfax

Parifh of

Cameron and Loudoun, praying that fo much of the faid Cameron as lies below the Line dividing thofe two Cotmties may be added to the That the two Petitions
Ordered

Parifh of Truro, are reafonable.

Hening,

III, p. 236.

Ibid., Vll, p. 321.

* Ibid.,

Yl, p. yi.

'

Ibid., IV, p. 475.

117

Bill

Ordered, That it be an Inftru(5tion to the faid Committee to prepare and bring in a or Bills purfuant to the four laft Refolutions. An engroffed Bill, entitled, /In Ad' for enlarging the Town of Alexandria, in the

County

was read the third Time, and the Blanks therein filled up. That the faid Bill do pafs. Ordered, That M"' George Johnfton do carry up the faid Bill to the Council
of Fairfax,

Refolved,

for their

Concurrence.

An
to

engroffed
to the

Bill, entitled

An Ad'

to oblige the

Juftices of the County of Albemarle

Counties of Amherft and Buckingham their juft Proportion of the Money paid for Weights and Meafures before the Divifion of the faid County of Albemarle, was read the third Time, and the Blanks therein filled up.

refund

Refolved,

Ordered,

That the faid Bill do pafs. That M"" William Cabbel do cany up the

faid Bill to the Council for their

Concurrence.

And then the Houfe adjourned until Monday Morning ii

"'Clock.

yUonba^. tbe 29tb of !^ovember, 3

(Beo.
is

III.

1762.

Petition of
of

Henry Scarburgh,

fetting forth that he

feized in Taille of a Tradt

Cotmty of Accomack, containing Acres; that he has no Slaves to cultivate it, and therefore the Poffeffion 3050 of it has been rather a Dif advantage to him than otherwife; and that it would be greatly to his Advantage to difpofe of 1525 Acres, Part thereof, and lay out the Money arifmg from the Sale thereof in the Purchafe of Slaves, to be fettled to the fame Ufes and praying that an Adl may pafs for that Purpofe, was prefented to the Houfe and read. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and it is referred to M'' Lemuel Riddick to prepare and bring in the fame. M"' Wafhington, from the Perfons to whom the Memorial of Major Andrew Lewis> was referred, reported that they had had the fame under their Confideration, and had agreed on a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe,
lying in Pungoteagiie Creek, in the
; ;

Land

as follows

appears to your Committee that the MemoriaUft entered into the Service of this Colony in the Year 1754 that he continued therein imtil the Redudlion of the Virginia Regiment in January laft; that in the Year 1758 he was taken Prifoner before Fort
It
;

DuQuefne by the Savages, who ftripped and plimdered him of all his Clothes, &c. and that he was afterwards delivered up to the French, and carried to Quebeck, where he That during his Continuance in the remained in Captivity for the Space of 1 6 Months Service of his Cotmtry he very jtiftly acquired the Charadler of a prudent, brave, and
:

good
61

Officer.

Refolved,
for a

That the

faid

Major Andrew Lewis be allowed the

Sum

of ;^35o, as well

Recompenfe for the Hardfhips he fuffered dxuing his Captivity, and the great Expenfes he was obliged to fubje(5t himfelf to, in Order to fupport and maintain the Dignity of his Character as an Officer. Ordered, That the faid Refolve be engroffed, and that M'' Mercer do carry it up to
for his faithful Services to his Country, as a

Reward

the Coimcil for their Concurrence.

M' Attorney from the Committee of Propolitions and Grievances, reported that the Committee had had imder their Confideration a Petition of fundry Inhabitants of the Parifh of Truro, in the Coimty of Fairfax, praying that the faid Parifh may be divided into two diftincft Parifhes, according to the Lines therein particularly defcribed; alfo
faid

a Petition of fundry other Inhabitants of the faid Parifh, in Oppofition to the faid Divifion
I

Hening, VII,

p. 6o4.

Ibid.,

VII, p. 625.

ii8]
;

fion

and had come to two Refolutions thereupon which he read

in his Place,

and then

delivered in at the Table, where they were again twice read, and agreed to by the Hotife, as follow Refolved, That the faid Petition, praying a Divifion of the faid Parifh, be rejedled.
Refolved,

That the faid Petition, in Oppofition thereto, is reafonable. M' Attorney alfo reported that the faid Committee had aKo had tmder

their

Con-

fideration a Petition of fundry Inhabitants of the faid Parifh of Truro, complaining of

fundry illegal Pradlices of the prefent Veftry of the faid Parifh, and praying that the faid Veftry may be diffolved and had come to the following Refolution thereupon.
;

Refolved,

That the faid Petition is reafonable. Ordered, That it be an Inftrudlion to the faid Committee to prepare and bring

in a

Bill or Bills purfuant to the laft Refolution.

M' Pendleton, from the Committee appointed, prefented to the Hotife, according to To eftablifh a more eafy and expeditious Method for the Trial of Criminals, and of Caufes depending in the General Court and the fame was read the firft Time, and ordered to be read a fecond Time.
Order, a Bill
;

Petition of William Sweene, a Soldier in the

2**

Virginia Regiment, fetting forth

that in the Adtion before Fort DuQuefne he received a Wound in one of his Arms, which has ever fince rendered him incapable of labouring fiafficient to fupport himfelf and Family; and praying the Confideration of the Houfe therein, was prefented to the Houfe

and

read.

That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
Ordered,
their Opinion thereupon, to the Houfe.

Claim of Thomas Cowles, for taking up a Rimaway therein mentioned, was pre-

fented to the Houfe and received, and referred to the Confideration of the Committee of Claims. Ordered, That M' Jofeph Cabbel have Leave to be abfent from the Bufinefs of the

Houfe this Remainder of this Seffion. M' Richard Henry Lee, from the Committee appointed, prefented to the Hoidfe, according to Order, a Bill For the Relief of infolvent Debtors, for the more effeftual Difcovery and more equal Diftribution of their Ef tates and the fame was read the firft Time, and ordered to be read a fecond Time. The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill For continuing and amending the Adl, entitled An Ad^ for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned. Refolved, That this Houfe will refolve itfelf into the faid Committee on Friday next. Several Accounts from fimdry Inhabitants of the Coimty of Halifax, for Provifions and other Neceffaries fumifhed to the Militia, and for tributary Indians, in their marching through the County, were feverally prefented to the Hoiife and received, and referred to the Confideration of the Committee of Claims. And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
;

Buesdar.

t^e

30t^ of !Jtovember 3

(Beo.

III.

1762.

Cary, from the Committee of Claims, reported that the faid Committee had had under their Confideration feveral Matters to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to, with fome Amendments, as follow Refolved, That the Petition of Abraham Lunderman, late a Soldier in the Virginia Regiment, for Relief, he being rendered incapable of getting his Livelihood, and a Cripple, by the Hardfhips he underwent in the Service of this Colony, is reafonable; and that he ought to be allowed the Siim of ;io for Relief in his prefent Neceffity, and the further Refolved Sum of ;io a Year during his Indifpofition.
;

MR

Hening, V, p. 326.

119]
for a

Refolved,

That the Petition of David Zwilling, to be paid

Horfe impreffed in

the Ser\'ice of this Colony, and for Medicines and Attendance for Soldiers when fick, is reafonable and that he ought to be allowed the Sum oi 2> for the faid Horfe, and the
;

further

Sum

of i. 75. for his Medicines

and Attendance on the

faid Soldiers.

Refolved, That the Claim of James Patty, to be allowed for the Lof s of the Labour of a Slave who was committed to the Gaol of Caroline Cotmty on Sufpicion of Felony, and whilf t imprifoned was froftbitten and rendered incapable of Service, is reafonable and that he ought to be allowed the Sum of ,2i- ^S^- for the fame. Ordered, That it be an Intru(5lion to the Committee of Claims to make the feveral
;

Allowances in the Book of Claims, purfuant to the faid Refolutions. A Bill To eftablifli a more eafy and expeditious Method for the Trial of Criminals, and of Caufes depending in the General Court, was read the fecond Time and it was further ordered that the faid Bill fhould be printed, and a Copy thereof fent by the Printer to each of the Members of this Houfe.
;

On

a Motion made.

for preventing exceffive

That Leave be given to bring in a Bill To amend an Adl, entitled, An Ai^ and deceitful Gaming; and it is referred to M"' Richard Henry Lee bring in the fame. to prepare and A Claim of Thomas Scruggs and Jofeph Lewis, Jtmior, for taking up Rimaways
Ordered,

therein mentioned.

Alfo fundry Accounts for Provifions foimd for the Militia of


tributary Indians, were feverally prefented to the

and fimdry Houfe and received, and referred to

C3

Committee of Claims. from the Committee of Propofitions and Grievances, prefented to the Houfe, according to Order, a Bill For fmther contintiing the A<51 for the better regulating and difciplining the Militia. Alfo a Bill For adding Part of the Parifh of Cameron to the Parifh of Truro. Alfo a Bill For further continuing the A<51 for reducing the feveral A(5ls for making Provifion againft Invafions and Infurredlions into one Adl and the fame were feverally read the firft Time, and ordered to be read a fecond Time. A Petition from the Clerk, Surveyer, Sheriff and Gaoler, of the County of Cumberland, praying that the Dedudtion for Officers Fees in the faid Coimty may be reduced, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Hotife. A Petition of Capt. John Smith, praying to be reimburfed the Sum of 75 for fo much paid by him to his Lieutenant, Thomas Langdon, for his Pay from September jo'* 1755, to June 25"', 1756, having never received any Satiffadlion for the fame, was prefented to the Houfe and read, and referred to the Confideration of the next Seffion of
the Confideration of the
M"' Attorney,
;

Affembly. On a Motion made,

That this Houfe will not receive any Claims after Monday next. M' Wythe, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To amend the Adl for encouraging Arts and Manufadhires and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of Jofeph Donaldfon, late Surgeon's Mate in the Virginia Regiment, praying to be allowed Half Pay for one Year, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
Refolved,
;

their

Opinion thereon, to the Houfe.


Rutherford and
others,

A Petition of Robert
felling forth that they
of Winchefter,

Mary Wood,

in Behalf of themfelves

and others

and

who were

Proprietors of Lands adjoining the

Town

have fuffered much by having their Timber cut down to build Fort Loudoun; that fome of them have not only had their Timber deflroyed, but have had
their

Hening, VI,

p. 76.

I20

Lands fo pillaged as not to have Firewood left and praying the Confideration of the Houfe therein, was prefented to the Hotife and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they examine into the Allegations thereof, and report
their
; ;

the fame, with their Opinion thereon, to the Hotife. M' Riddick prefented to the Hotife, according to Order, a Bill To dock the Entail of certain Lands whereof Henry Scarburgh, is feized in Fee Taille, and for other Ptorpofes therein mentioned and the fame was read the firft Time, and ordered to be read
;

a fecond Time.

The

Hotife being informed that Bertrand Ewell

of Claims for the Parifh

Works, in

had levied for him in the laft Book and County Levies of his Tithes employed in the Quantico Iron the Years 1759 and 1760, 2008 lbs. of Tobacco, which was tinjtift, no fuch
eredled. of Claims

Works having been


Ordered,

That the Committee

do enquire into the fame, and report their

Opinion thereon to the Houfe. A Petition of Barton Lucas, Enfign in the Virginia Regiment, fetting forth that he hath fuftained divers Loffes in the recruiting Service, by which Means there remains a confiderable Balance due from the Petition to the Colony and as he hath really ftiffered through his Attachment to the Service, and confeffes himfelf tmable to difcharge the fame, without the Afliftance of this Honourable Houfe and praying the Confideration of the Houfe therein, was prefented to the Hotife and read and the Queftion being put that the faid Petition be referred to a Committee,
; ; ;

It paffed in the Negative.

Refolved,

That the

faid Petition

be

rejedled.

A Bill To explain and amend one Adl of Affembly, made in the 4"" Year of the Reign
of

Queen Anne, entitled. An Ad' for regulating the Eledions of Burgeffes, for fettling their Privileges and for afcertaining their Alloivances alfo one other Adl, made in the 10* Year of George II entitled. An AA' to declare who fhall have a Right to vote in theEledion of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order to multiply Votes at fuch Eledions, was read a fecond Time, and ordered to be committed to a Committee of the whole Houfe Tomorrow. A Meffage from the Cotmcil was delivered by M' Walthoe.
That they have agreed to the Cotmty of Accomack.
to the Bill, entitled.

Bill entitled.

An A(5l^ for dividing the

Parifh of Accomack,
St. Patrick,

in the

Alfo
in the

An

AcfUto empower the Veftry of the Parifh of

Edward, to levy for Thomas Wood a reafonable Satiffadlion for his Expenfes in building a Church there which was burnt down before it was finifhed. Alfo to the Bill, entitled. An Acft'for building a Bridge over Nottoway River from the

Cotmty

of Prince

Land

of Jeffe BroTJun

by

Subfcription.

Alfo to the Bill, entitled, An Adl' for adding Part of the County of King and Queen to the County of Caroline, and for altering the Court Day of the faid County of King and Queen. Alfo to a Bill, entitled, An A61' for eftablifhing the Town of Mecklenburg, in the County
of Frederick.

Alfo to the Bill, entitled. An Adl* for diffolving the Veftry of the Parifh of Hampfhire, in the County of Hampfhire, and eledling a new Veftry in the faid Parifh. Alfo to the Bill, entitled. An Adl' for enlarging the Town of Alexandria, in the Cotmty
of Fairfax.

Alfo to the Bill, entitled. An Adl'to oblige the Juftices of Albemarle to refund to the Counties of Amherft and Buckingham their juft Proportion of the Money paid for Weights and Meafures before the Divifion of the County of Albemarle. Alfo to the Bill, entitled, An Adl" for dividing the Parifh oiNottoway, in the County
oi Southampton.
'

alfo
*
s

Hening, III, p. 236. 76i(i., IV, p. 475. Ibid., VII, p. 614.

VII, p. 611. VII, p. 623. Ibid., VII, p. 620.


Ibid., /6td.,

VII, p. 600. VII, p. 616. Ibid., VII, 604.


Ibid.,
/fct<i.,

Ibid.,
/6tti.,

"

VII, p. 625. VII, p. 618.

[I2l]
Alfo to the Bill, entitled. An Adl' for fettling the Bounds between the Parifhes of Martin's Brandon and Briftol, in the County of Prince George. Alfo
to

a Refolve, for allowing Colonel William Peachey one Year's Pay, in Confidera-

tion of his paft Services.

And then

the

Houfe adjourned

until

Tomorrow Morning ii

"'Clock.

Xi^e6ne56aY.

tl)e

1st of

^December. 3 ^eo.

III.

1762.

Parramore prefented to the Houfe, according to Order, a Bill To empower make one Payment of 600 to the Church Wardens of the lower Parifh of Nanfemond, in Lieu of a perpetual Annuity of 2,0 and for other Purpofes therein mentioned and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of Willam Bronaugh, late a Captain of the Virginia Regiment praying that he may be allowed the fame Favours and Indulgencies which have been lately granted to the Officers of the late Regiment, and that he may be allowed one Year's Advance Pay, as was allowed them, or to make him fuch other Allowance as this honourable Houfe fhall think fit, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of M'' Richard Henry Lee, My George John [ton and M'' Mercer; that they examine into the Allegations thereof^ and report the fame, with their Opinion thereupon, to the Houfe. A Petition of James Scott, Clerk, fetting forth that Alexander Scott, late of the Parifh of Overwharton, in the Coimty of Stafford, Clerk, deceafed. Brother to the Petitioner, was in his Lifetime feized of 448 Acres of Land in the faid County of Stafford, and of feven other Tra(5ls of Land in the Cotmty of Fairfax, and that Part of Prince William now
George Parker to
;

MR

called Fauquier, containing feverally 2823, 2000, 1000, 970, 600, 480, and 400, Acres; and being at the fame Time poffeffed of between 20 and 30 Slaves, devifed his faid Lands and Slaves to the Petitioner, in Taille: That the Petitioner being feveral Years ago appointed Minifter of Dettingen Parifh, in the County of Prince William, hath piu-chafed a TraA of Land there, containing 2000 Acres, upon which he hath built a very good and large Brick Houfe two Stories high, with Cellars under the Whole, and completely finifhed, all Neceffaries and convenient Offices, with a Garden, Orchards, and fine Meadows, which hath rendered the fame very valuable; that the faid Tradl of Land piirchafed by him as aforefaid, and upon which he now lives, with all the Improvements thereon, may (after his Deceafe) be fettled upon his eldeft Son and Heir apparent, James

Jim. in Taille, in Lieu of the Tradl of 2000 Acres in Fairfax, near the Falls of Potowmack, which, with the other fix fmall Tradls before mentioned, may be vefted in the Petitioner in Fee Simple and that there may be annexed unto the faid Tradl of Land
Scott,
;

William the following 16 Slaves, viz. David, Frank, Will, Bob, Great Sawney, Sawney, Sampfon, Peg, Bee Eye, Little Frank, Dick, Mofes, Yellow Jenney, Joan Little and Hannah, and their Increafe, to go and continue with the faid Land forever; and
in Prince

that the following 1 7 Slaves and their Increafe, viz. Judy, Moll, Great Jamie, Little Jamie, Old Tom, Elgin, Dipple, Roger, Maria, Charlotte, Yellow Betty, Tony, Abraham, Little

Mofes, Black

Belt, Little

Jenny and Nanny

to go

and be annexed to the Tradl


is ftill

of

Land

upon
to the

Carter's Fvun in Fauquier County, containing 2823 Acres (which

to remain

in Taille as formerly)

and praying that an Adl may pafs

for that Purpofe,

was prefented

Houfe and read. Ordered, That a Bill be brought in ptirfuant to the Prayer of the faid Petition, and it is referred to M'' Richard Henry Lee to prepare and bring in the fame. A Petition of Nathaniel Harrifon, an Infant, under the Age of 2 1 Years, by Nathaniel Harrifon, Efq; his Guardian, fetting forth that he is feized in Fee Taille of about 3000 in the County of Surry, which Acres of Land lying and being in the Parifh of
is

Hening, VII, 613.

122

no real Value to him, but rather an Encumbrance, having no Slaves to cultivate or improve the fame; that it will be an Advantage to himfelf, and all thofe claiming under the Will of the faid Nathaniel Harrifon, to difpofe of Part of the faid Tra(5l of Land, and to lay out the Money arifmg from the Sale thereof in the Purchafe of Slaves, to be annexed to the remaining Part thereof; and praying an Adt may pafs for that Purpofe, was prefented to the Hotife and read. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and it is referred to M' Attorney to prepare and bring in the fame. A Petition of Larkin Chew, late a Lieutenant in the Virginia Regiment, fetting forth that after the Deceafe of his Brother Colefby Chew, who had been for fome Time in the Service, and who was killed bravely fighting for his King and Country near Fort Du Quefne, feveral Debts due from him, to the Amount oi 22, were proved and demanded of the Petitioner, who paid the fame, as he could not think of letting the Memory of a brave Brother be degraded with the Reproach of not paying his Debts, though he had little Money to fpare himfelf; that in the Month of May, 1759, in an Engagement with the Enemy, he received a Woimd in the Elbow Joint of his right Arm, which fhattered the Bones thereof in fuch Manner that it was a long Time before the Cure was efifedled that he expended for Ntu-fes, Attendants, &c. about 20 that at the Time of receiving the Wound the Enemy took from him two Horfes, his Baggage and Clothes, to the Value of 50, 15 in Cafh, and all his Papers, among which were Accounts of Value, and the Receipts for the Money he had paid for his Brother, no Part of which he could ever recover, nor hath he received any Satiffadlion for the fame and praying the Confideration of the Houfe therein, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of M"' Bland and M'' Terry; that they examine into the Allegations thereof, and report the fame, with their Opinion thereupon, to the Houfe. M'' Bland, from the Committee of Privileges and Elections, reported that the faid Committee had had under their Confideration the Returns of the Writs for eledling of Burgeffes to ferve in this prefent General Affembly for the Counties of New Kent and Surry, to them referred, and had come to a Refolution thereupon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to
is

of

by the Houfe,
Refolved,

as follows That the RetvuTis of the faid Writs are not


:

made

in the

Form

prefcribed

by Law.

On a Motion made.
That the Returns of the faid Writs be amended by the Clerk at the Table. Pendleton prefented to the Houfe, according to Order, a Bill To dock the Entail of certain Lands whereof Ralph Wormeley, Efq is feized, and for fettling other Lands of greater Value to the fame Ufes and the fame was read the firf t Time, and ordered
Ordered,
M''
;

be read a fecond Time. M'' Richard Henry Lee prefented to the Houfe, according to Order, a Bill To amend an Adl for preventing exceffive and deceitful Gaming; and the fame was read the firft Time, and ordered to be read a fecond Time.
to

Bland, from the Committee of Privileges and Elections, reported that the faid Committee had had under their further Confideration the Petition of M'' Henry Peyton,
M''

complaining of an undue Eledlion and Return of M"' John Baylis and M' Henry Leigh to ferve as Burgeffes in this prefent General Affembly for the County of Prince William, and had partly heard as well the Petitioner as the fitting Members, and had agreed to a Report, and come to two Refolutions thereon; which he read in his Place, and then delivered in at the Table, where they were again read, and agreed to by the Houle, as
follow

appears to your Committee that Richard Marlour, who voted for the faid M' Lee at the faid Eledlion, voted in right of 100 Acres of Land which he held under a Leafe for three Lives, from Bertrand Ewell, dated the 30"' of September, 1757, and that he hath been in Poffeffion thereof from the Date of the Leafe, and took the Oath prefcribed by
It

ta

Law.

The

123

Committee to examine into the Title of the faid Bertrand Ewell, and offered to prove that he had not the legal Title to the Land he had o leafed to the faid Marlour; and the Queftion being put thereon. Refolved, That it is the Opinion of this Committee that they have no Right to examine
Petitioner then defired the

The

into the faid Bertrand Ewell's Title to the faid Land.


Refolved,

That

it is

the Opinion of this Committee that the faid Richard Marlour

had a good Right to vote for Burgeffes at the faid Election. The /jr// Refolution being read a fecond Time, was difagreed to by the Houfe. The laft Refolution aKo being twice read, and the Queftion put that the Houfe
agree thereto.
It paffed in the Negative.

On a Motion made.
Ordered,

That the

faid Refolution

be recommitted to the faid Committee.

The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill To explain and amend one Ac$l of Affembly, made in the 4''' Year of the Reign of Queen Anne entitled. An Ad' for regulating the Eledions of Burgeffes, for fettling their
Privileges,

and

for afcertaining their Allowances, alfo

one other Adl, made in the


have a Right
to vote

10'''

Year

of George II entitled.

An Ad' to

declare

who

fhall

in the Eledion

of Burgeffes to ferve in the General

Affembly

for Counties,

and

for preventing fraudulent

Conveyances in Order to Multiply Votes at fuch Eledions. And then the Houfe refolved itfelf into a Committee on the faid Bill; and after fome Time fpent therein, M' Speaker refumed the Chair, and M'' Attorney reported that
the Committee had had the faid Bill tmder their Confideration, but not having to go through the fame they had diredled him to move for Leave to fit again.
Refolved,

Time
Bill

That
the

this

Houfe

will again refolve itfelf into

a Committee on the faid


''Clock.

Tomorrow.

And then

Houfe adjourned until Tomorrow Morning 11

Tb\)Vixsba2*

tb<^

2r6 of December. 3

(Beo. Ill

1762.

AN
the

Account of fundry Perfons in the County of Gloucefter, for conveying feveral draughted Soldiers to Frederick fburg,was prefented to the Houfe and received,

and

referred to the Confideration of the

Committee

of Claims.

Mayor, Recorder, Aldermen and Common Council, and other Inhabitants of the City of Williamfburg, praying that an A6t may pafs to remove the Powder, with the Arms and Ammtmition, in the Magazine in the faid City, to fome
Petition of the

Place of greater Security, or to

fell

the fame for the Benefit of the Publick, and to reveft


Dire<5lors of the faid

Land on which the faid Magazine now ftands in the Truftees and City, was prefented to the Houfe and received.
Ordered,

That a

Bill or Bills

be brought in purfuant to the Prayer of the faid Petition,


to prepare

and bring in the fame. was poffeffed in Fee Simple of a certain Piece of Land, 60 Feet wide, and about 450 Feet long, which Piece of Land was by an A<51 of Affembly, For enlarging the Town of Dumfries, vefted in the Truftees of the faid Town, and by them laid off into a Street that the Petitioner reaps no benefit from the faid Street, nor has he ever received any Satiffadlion for the faid Land and prayed the Confideration of the Houfe therein, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances; that they examine into the Allegations thereof, and
and
it is

referred to

M' Attorney

Petition of Allan Macrae, fetting forth that he

report the fame, with their Opinion thereon, to the Houfe.

M' Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe, according to Order, a Bill To revive an Adt, entitled. An Adi for infpeding Pork, Beef, Flower
Hening,
III, p. 236.

Ibid.,

IV, p. 475.

Ibid.,

VI, p. 146.

s ;

"4]
Adl, entitled,

Flower, Tar, Pitch and Turpentine,

and aKo an

An Ad' to

an Ad,

entitled.

An Ad

for infpeding. Pork, Beef, Flower, Tar, Pitch

Alfa a Bill For eftablifhing Pilots, and regulating their feverally read the firft Time, and ordered to be read a fecond Time. M'' Bland, from the Perfons to whom the Petition of Larkin Chew was committed, reported that they had had the fame under their Confideration, and examined into the Allegations thereof, and found them to be true, and had come to a Ref olution thereon which he read in his Place, and then delivered in at the table, where it was again twice read, and agreed to by the Houf e, and is as follows Refolved, That the faid Larkin Chew be allowed the Sum of ;ioo, as a Satiffadtion for his Loffes, and the Wounds he received in the Service of the Colony and the Sum of ;;40 a Year during his Life, for the Lofs of the Ufe of his right Arm. Refolved, That the faid Refolve be engroffed, and that M"" Bland do carry it up to the Cotincil for their Conciurence. M' Attorney reported that the Committee appointed had, according to Order, prepared an Addrefs to the Govemotu" which he read in his Place, and then delivered
;

revive and amend and Turpentine. Fees; and the fame were

in at the table,
is

where the fame was again twice read, and agreed to by the Houfe, and

as follows
Sir,

havingtakenyour Honour' under our Speech, at the Opening moft ferious Confideration, humbly beg Leave to afftire you of our inviolable Attachment to his Majefty's Service, and at the fame Time to exprefs our Concern that the prefent unhappy Circumftances of the Colony will not permit us to manifeft our Zeal for the Support of the common Caufe by continuing the Regiment for any longer Time than it flood provided for: The large Sums that we have been obliged to iffue in Treafury Notes, to enable us to comply with his Majefty's Requifitions,
the Biirgeffes of Virginia,
of this Seffion,

We his Majefty's dutiful Subjeds,

have already occafioned great Complaints, particularly from the Merchants of Great Britain trading to this Colony; and as we have no other Means of defraying the Expenfes of the

Regiment than by a new Emiffion

Treafury Notes, which will not only mcreafe thofe Complaints, but may depreciate the Value of the Notes already iffued, to the Injury of the Trade and Credit of the Colony, we flatter ourfelves that our Refufal will not be looked upon
of
all

as any Deviation from that Affedion and Loyalty which have hitherto influenced

our

Adions.

That the faid Addrefs be fairly tranfcribed, and prefented by the whole the Committee who prepared the fame wait on the Govemotir, to know and that Hotife his Pleafure when this Houfe fhall attend his Honour to prefent it. A Memorial of the Officers of the Virginia Regiment, fetting forth that as the Regiment is now reduced, your Memorialifts beg Leave to lay their unhappy and diftreffed Situation before the Honourable Houfe, who have on all Occafions manifefted their great Intention, and noble Refolution, of rewarding all who have been employed in their Service, who could have the leaft Pretention to their Favour and Notice. Yotir Memorialifts beg they may affure the Houfe that they now efteem themfelves in a much worfe Situation than they ever have been before, as the many Expenfes attending the recnaiting Service, and the Camp Equipage they were obliged to provide at a very great Expenfe, to fit themfelves for an Expedition which they were ordered daily to expedt, has not only exhauf ted all the Pay the fmall Space they have now been employed entitled them to, but has adluaUy taken a great Part of the Recompenfe the honourable Houfe was fo generoully pleafed to order them at the former Redu(5lion of the Regiment for their paft Services, much of which had been before expended in travelling Charges, as your Memorialifts were difbanded fo far from their refpeftive Homes, at a Poft, whofe remote Situation, and inclement Seafon, made it very difficult to prociu-e the neceffary Means to convey them home and though yotu- Memorialifts were thoroughly
Ordered,
; ;

_^_____
I

fatiffied

Hening, VII, p. 40.

[125
fatiffied thefe

Inconveniences must attend them, yet they could not be guilty of fo Negledt and Difrefpedl to a grateful and bountiful Colony, as to delay one Moment offering their Services when they thought them abfolutely neceffary, and to which both Honour and Gratitude fo loudly called them.

much

During the long, tedious, and difagreeable Service, your Memorialists have been engaged in for the Defence of this Coimtry, the many Toils and Dangers they have encoimtered, in which they have fpent the moft precious Part of their Lives, and have really fo much impaired that ineftimable Bleffmg, their Health, while they were employed to procure their Country Safety, Peace, Eafe and Tranquility, that many of them are

from a ProbabiHtyof acquiring a decent Subfiftence that they are threatened with a near Profpecft of approaching Poverty and Want, which muft fubjedl them to fuch
fo far

Contempt as will damp the Growth of publick Spirit and military Virtues. Thus your Memorialifts, having moft honeftly and impartially reprefented their unhappy Situation, beg to recommend their Diftreffes at their approaching Poverty to the Confideration of the honourable Houfe, to grant them fuch Relief as they in their

Wifdom fhall judge


M'' Attorney,

fit.

according to Order, prefented to the Houfe a Bill To empower the Veftry of Brutcrn Parifh to fell certain Lots in the City of WilUatnfburg, for the Purpofes therein mentioned; and the fame was read the firft Time, and ordered to be read a

Day being read for the Houfe to refolve itfelf into a Committee on the Bill To explain and amend one Adl of Affembly, made in the 4^ Year of the Reign of Queen Anne, entitled. An Ad' for regulating the Eledions of Burgeffes, for fettling their Privileges, and for afcertaining their Allowances, alio one other Adl, made in the 10* Year of George IL entitled. An Ad' to declare who fhall have a Right to vote in the' Eledion of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order to multiply Votes at fuch Eledions; and after fome Time fpent therein, M"' Speaker reftmied the Chair, and M' Attorney reported that the Committee had made feveral Amendments to the faid Bill, but not having Time to go through the fame they had directed him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill Tomorrow. A Claim of William Summers, for taking up a Runaway therein mentioned, was prefented to the Houfe and received, and referred to the Committee of Claims. And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.

fecond Time. The Order of the

l^xiha^. Ib^ 3r6 of

December, 3

<5eo. Ill

1762.

A
of

Petition of George Mercer, praying to

be allowed for his Attendance on the Commiffioners appointed by his Excellency Sir Jeffery Amherft in New York to fettle the Colonies Accoimts for the Cherokee Expedition in the Year 1760, having never received any Satiffadlion for his faid Services, was prefented to

the Houfe

and read. Ordered, That the faid Petition be referred to the Confideration of the Committee Propofitions and Grievances; that they examine into the Allegations thereof, and
Ordered,

report the fame, with their Opinion thereon, to the Houfe.

That the Treaftu-er's Accotmts be referred to M'' Edmund Pendleton, M' Bland, M"' John Page, M"' Dudley Digges, M' Benjamin Harrifon, M' Cary, M"" Richard Henry Lee, M.^ George Johnfton and M'' Lewis Burwell; that they examine the feveral Articles thereof, and report the Balance, as it fhall appear to them, to the Houfe. M'' Bland, from the Committee of Privileges and Ele<flions, reported that the Committee had had under their further Confideration the Petition of M'' Henry Peyton, complaining of an imdue Election and Return of M' John Baylis and M' Henry Leigh to
ferve

Hening,

III, p. 236

'

Ibid.,

IV, p. 475-

126

ferve as Burgeffes in this prefent General Affembly for the Coiinty of Prince William to them referred, and had agreed upon a Report, and come to a Refolution thereon

which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as follows: It appears to your Committee that Richard Marlour, who voted for M'' Lee at the laid Eledtion, voted in Right of loo Acres of Land which he held under a Leafe for three Lives from one Bertrand Ewell, dated the 13**" of September, 1757, and that he had been in Poffeffion thereof ever fince, and had taken the Oath prefcribed by Law; but it appears to your Committee that the faid Bertrand Ewell had never received any Deed for the faid Land of the Perfon of whom he purchafed it, of which the above mentioned
100 Acres were Part.
Refolved,

That

it is

the Opinion of this Committee that the faid Richard Marlour

had no Right
It

to vote for Burgeffes at the faid Eledlion.

appears to your Committee that Thomas Davis, Jun. who voted for the fitting Member M'' Lee at the faid Eletftion, held 185 Acres of Land in the faid County, leafed to him and one Zachariah Bradfield, by one Benjamin Grayfon, by Indenture of Leafe, dated the 30*^ Day of January, 1758, to hold to him the faid Davis for his own Life, and the Lives of his Wife and eldeft Son Thomas, and to the faid Bradfield and his Wife for the Life of the longeft Liver of them; That in the Month of Odober, before the faid Election, he had agreed to give up his faid Leafe to one Nehemiah Dowell, provided he w would pay for the Improvements he had made on the faid Land and then alfo he put the faid Dowell into Poffeffion, but did not furrender the faid Leafe tmtil fome Time after the Eledlion, when the faid Dowell had complied with the Terms of their Agreement. Refolved, That it is the Opinion of this Committee that the faid Thomas Davis, Jun.
;

had a good Right


It likewife

to vote for Burgeffes at the faid Eledlion.

appears to your Committee that William Spiller, who voted for M'' Lee at the faid Ele(5lion, held upwards of 100 Acres of Land, tmder the Will of his Father Waddington Spiller, dated the 30"^ of April, 1755, and had been in Pofeffion thereof above twelve Months before the faid Eledlion. Refolved, That it is the Opinion of this Committee that the faid William Spiller

had a good Right to vote


It further

for Bvirgeffes at the faid Eledlion.

appeared to your Committee that William Rookard and Francis Kenner, who voted for M"" Lee at the faid Eledlion, had feverally, for fome Years before the faid Eledlion, been in Poffeffion of 100 Acres of Land each in the faid County, belonging to George Mafon, Gent, who had, upon their feating and building thereon, agreed to give them Leafes for three Lives for the fame, and given each of them refpedlively his Bonds for that Purpofe, but never executed any fuch Leafe. Refolved, That it is the Opinion of this Committee that the faid William Rookard and Francis Kenner had no Right to vote for Burgeffes at the faid Eledlion. It aKo appeared to your Committee that George Thayer, who voted for M'' Lee at the faid Eledlion, had been, for about three Years before, in Poffeffion of the Lands in Right of which he voted, under a Leafe for three Lives from the above named Bertrand Ewell, being Part of a larger Tradl, which the faid Ewell had purchafed of one Thomas Young; but had never received any Deeds for the fame. Refolved, That it is the Opinion of this Committee that the faid George Thayer had

no Right to vote for Burgeffes at the faid Eledlion. It likewife appeared to the Committee that Robert Forgey, who alfo voted for M*^ Lee at the faid Eledlion, held 100 Acres of Land, tmder a Leafe for two Lives, from the faid Bertrand Ewell, dated the i'* Day of January, 1760, being Part of a larger Tradl, which the faid Ewell had purchafed of one Ifaac Davis; but that the faid Davis had never executed any Deed for the fame. Refolved, That it is the Opinion of this Committee that the faid Robert Forgey had no Right to vote for Burgeffes at the faid Eledlion. It alfo appeared to your Committee that William Tompkins, who voted for M"' Lee faid Eledlion, had been in Poffeffion of a Lot in the Town of Dumfries, in the faid the at

County

127

County, with a Dwellinghotafe thereon, above twelve Months before the faid Eleftion; which Lot was conveyed to him by the Truftees of the faid Town, by their Deed, duly executed and recorded, bearing date the 3"^"^ Day of June, 1760, and that he took the Oath prefcribed by Law. Refolved, That it is the Opinion of this Committee that the faid William Tomkins had a good Right to vote at the faid Eledlion. It alfo appeared to your Committee that George Brent, Gent, voted at the faid Eledlion for M"' Lee, whofe Vote the Petitioner objedled to, as being a Roman Catholick but it not appearing to your Committee that the faid George Brent is a Recufant convict. Refolved, That it is the Opinion of this Committee that the faid George Brent had a good Right to vote for Burgeffes at the faid Eledlion. It alfo appeared to your Committee that Andrew Martin, who voted at the faid Eledlion for M' Lee, had been, for feveral Years before, in Poffeffion of the Lands in Right of which he voted, which he declared he held under a Leafe for four Lives from one John Tarpley; and it was likewife proved, by the Teftimony of M'' Thomas Harrifon, that the faid Tarpley had acknowledged he had made a Leafe to the faid Martin, and that the faid Andrew Martin alfo took the Oath prefcribed by Law; but no fuch Leafe appearing before the Committee. Refolved, That it is the Opinion of this Committee that the faid Andrew Martin had no Right to vote at the faid Eledlion. It further appeared to yovu" Committee that Thomas Chapman, who voted for M' Lee at the faid Eledlion, had lived with his Uncle M'' William Carr, in the faid Town of Dumfries, for about three Years before, and was in Poffeffion of four Lots, with feveral Houfes thereon, which had been purchafed for him by the faid M'' Carr, and were conveyed to the faid Chapman by the Truftees of the faid Town, by this Deed, duly executed and recorded, bearing Date the 3<* Day of January, 1760, and that the faid Chapman
took the Oath prefcribed by Law at the faid Eledlion. Refolved, That it is the Opinion of this Committee that the faid Thomas Chapman was duly qualified to vote for Burgeffes at the faid Eledlion. It further appears to your Committee that Leonard Helm voted for M'' Lee at the Eledlion, who M"' Lee acknowledges had no Right to vote and therefore faid
;

Refolved,
faid Leonard

That

Helm Your Committee then proceeded to the Confideration of fuch Votes on the Petitioner's Poll as were objedled to by the fitting Member M"" Lee, and thereupon they beg Leave to inform the Hotife that it appears to them that Richard Triftoe, who voted for the Petitioner, held 175 Acres of Land in the faid County, in Right of which he voted at the faid Eledlion, which were conveyed to him by Richard Triftoe the elder, by Deeds of Leafe and Releafe, duly executed and recorded, bearing Dates refpedlively the i6**' and 17* Days of November, 1756, and that he had been in Poffeffion of the faid Land
ever fince the Dates of the faid Deeds.
Refolved, That it is the Opinion of this Committee that the faid Richard Triftoe had a good Right to vote for Burgeffes at the faid Eledlion. It alfo appears to your Committee that John Simmons, who voted for the Petitioner at the faid Eledlion, voted in Right of 100 Acres of Land which had been leafed to one William Mufe by one Thomas Arrington, for three Lives, by Leafe, bearing Date the 27' Day of May, 1754, which, after divers mefne Affignments, was affigned to one Robert Hoyftead, with whofe Widow the faid John Simmons intermarried the 26^ of October, 1760: It alfo appeared that the Petitioner, into whofe Hands the faid Leafe had fallen, by Affignment from one John Tyler, did affign the fame over to the faid John Simmons on the 27''' Day of April, 1761 and that the Widow of the faid Hoyftead lived on the faid Land, from the Death of her faid former Hufband, until her Intermarriage with the faid Simmons.
;

the Opinion of this Committee that the Name and Vote of the ought to be ftruck out of the Poll taken for M' Lee at the faid Eledlion.
it is

the Opinion of this Committee that the faid John no Right to vote for Burgeffes at the faid Eledlion.
Refolved,
it is

That

Simmons had
It

128]
73

appeared to your Committee that Cornelius Kincheloe, who voted for the Petitioner at the aid Eledlion, held 341 Acres of Land, which was devifed to him by the Will of his Father John Kincheloe, dated the 16*'' of March, 1746, on Condition that he fhould fucceed in his Suit in the General Court with Colonel William Fitzhugh; and That the faid Suit if not, that he fhould then have one Half of the Land he lived on Kincheloe' Favour. determined in the faid It further appears s in the General Court was that the faid Kincheloe had, before the Eledlion, agreed to fell the faid Land to one Davis, and had put him into Poffeffion thereof, but had not executed any Conveyance for the
It likewife
:

fame.
Refolved,

That

it is

the Opinion of this Committee that the faid Cornelius Kinchbloe


Eledlion.

had a good Right to vote for Burgeffes at the faid


It further

appeared to your Committee that John Metcalfe, who voted for the PetiAcres of Land, which had been leafed by William Spiller to his Father held 150 tioner, John Metcalfe, his Heirs, Executors Adminif trators and Af figns, by Leafe, bearing Date the 27*^ Day of November, 1738, to hold to him, his Heirs, &c. for the natural Lives of the faid John the Father, his Wife Diana, and the faid John the Son That the faid John
:

Metcalfe the elder died fome Time in the Year 175 1 inteftate, and that the faid John Metcalfe the Son hath ever lince refided on the faid Land, together with his Mother, who always paid Quitrents for the fame. Refolved, That it is the Opinion of this Committee that the faid John Metcalfe had

a good Right to vote for Btu-geffes at the faid Eledlion. It likewife appeared to the Committee that Bridgar Haynie, who alfo voted for the Petitioner, was in poffeffion of upwards of 100 Acres of Land, with two Plantations thereon which he claims under a fuppofed Will of his Father, which it appears was never finifhed, nor legally executed, ehough admitted to Record in the Cotmty Court of Culpeper
It aKo appears that one Jofeph Fergufon, and Elizabeth his Wife, by Deeds of Leafe and Releafe, dated refpedlively the 24* and 25"> Days of March, 1744, conveyed to Spencer Haynie, eldeft Son of Anthony Haynie the Father, and the faid Bridgar Haynie, 129 Acres of Land, which they have ever fince held as joint Tenants, no Divifion having been made between them, and that there are no Houfes on the faid laft mentioned Lands It doth alfo appear that both the faid Spencer and Bridgar Haynie voted at the
:

faid Ele(5lion.

Refolved,

That

it is

the Opinion of this Committee that the faid Bridgar Haynie


faid Eledlion.

had a good Right to vote at the


It

appears to your Committee that William Watkins, who alfo voted for the Petitioner at the faid Eledlion, had been in Poffeffion of 75 Acres of Land in the faid County from the Year 1754, which was one Moiety of 150 Acres that had been leafed by Charles
Carter, Efq; in the

faid Moiety to his

Year 1743, for three Lives, to one Henry Watkins, who devifed the Son in Law Fortunatus Legg, who fold the fame to the faid William Waiktns, but did not execute any Deed for the fame after the faid Election. Refolved, That it is the Opinion of this Committee that the faid William Watkins had no Right to vote at the faid Elecilion. It fxirther appears to your Committee that James Leach, William Suitor, Rawleigh Dodfon and Edward Hughes, who allvoted for the Petitioner at the faid Eledlion, voted in Right of Lands which they feverally held in the faid County belonging to Charles Carter, Efq tinder Leaf es for Lives, made and executed to each of them refpedlively by and in the Name of M'' Charles Carter, Jun. Son and Heir apparent of the faid Charles
;

Carter the elder,

by

his Diredlion.
t.

Refolved, That it is the Opinion of this Committee that the faid /awe^ Leach, William Suitor, Rawleigh Dodfon and Edward Hughes, had no Right to vote for Burgeffes at the
faid Election.
It likewife appeared to your Committee that George Harper, who voted for the Petitioner at the faid Eledlion, was in Poffeffion of 660 Acres of Land in the faid County; but that he held the fame only as Tenant, at Will of William Fitzhugh, Efq to whom
;

he paid Rent

for the fame.

Refolved

; ;

129

Refolved,

That

it is

the Opinion of this Committee that the faid George Harper had

no Right

to vote at the faid Eledlion.

appeared to your Committee that Nathaniel Overall, who voted for the was then, and from the Year 1749 had been, in Poffeffion of 100 Acres of Land in the faid County, which he had purchafed of one William Overall, by Deeds of Leafe and Releafe, dated refpedlively the ^^ and S"' of July, 1749, to whom the fame was devifed by the Will of his Father /o/tn Overall, dated the 16"' of September, 1742, in thefe Words, to wit: "Item, I give and bequeath unto my Son William Overall all that Part of Land in both Tradls that is on the weft Side of Lucky Rim, except one Acre of Land that is convenient for building a Mill any Where on the Side of the Run I give this Land only for his Life, not to leafe nor fell it, but to work on it as he pleafes himfelf or any belonging to him, not wafting the Timber, and after his Death to return
It further

Petitioner at the faid Election,

Son John Overall as aforefaid." Refolved, That it is the Opinion of this Committee that the faid Nathaniel Overall had a good Right to vote for Burgeffes at the faid Eledtion. It alfo appeared to your Committee that Burr Calvert, who voted for the Petitioner, held only 93 Acres of Land in the faid Coimty, without any Hotife, or other Improveto

my

ment, thereon.
Refolved,

That

it is

the Opinion of this Committee that the faid Burr Calvert had no

Right to vote for Bvtrgeffes at the faid Eledtion. It likewife appeared to your Cowwi/tee that Charles Harding and Barnaby Cannon alio voted for the Petitioner at the faid Eledtion, who he acknowledged had no Right
to vote,

faid

and therefore Refolved, That it is the Opinion of this Committee that the Names and Votes of the Charles Harding and Barnaby Cannon ought to be erafed out of the Poll taken for

the Petitioner at the faid Eledtion.

Your Committee then proceeded to the Confideration of that Part of the Petition of the faid Henry Peyton, complaining of Malepradlices and yi\icond\i&,oiHowfon Hooe, then Sheriff of the faid County of Prince William, on the Day of the faid Eledtion, and
on the firft Day of the Eledtion, contrary to his Agreement with the Petitioner and M"' Baylis; and having heard the Evidence on both Sides your Committee beg Leave to inform the Houfe that it appears to them that on the Day before the Eledtion M"' Baylis went with the Petitioner to the Houfe of the faid Sheriff, when the Petitioner propofed that the Poll fhould be kept open tmtil the Day after that
particularly of his clofing the Poll

appointed for the Eledtion, in Order to give the Freeholders who lived above a large Run that was then confiderably fwelled by heavy Rains an Opporttmity of attending the faid Eledtion, which the faid Sheriff faid he would willingly agree to, if he lawfully might but M"" Baylis anfwered, that although he fhould have no Objedtions to it, yet as M' Lee, the other Candidate, was not prefent, he could not agree to it and that the Petitioner thereupon, without any further Agreement, lent Meffengers to thofe Freeholders to inform them that the Poll was to be kept open two Days That on the Morning of the
;

faid Eledtion, the Petition

having brought

many

of his Friends over the faid

Rvm

in

had provided for that Purpofe, offered to buy the fame of the Owner; and being afked for what Ufe he wanted it, he anfwered that if he could get it he would fplit
Veffel he
it

to Pieces, to prevent the other Freeholders getting over.


It further

of the faid Eledtion, moft of Proclamation was made about Five o'clock in the Afternoon, and fome Time after, as no Voters appeared, a fecond; from which Time imtil Simfet, which was about two Hours, not more than two Freeholders appeared and voted, when, at the repeated Importtinities of the fitting Members, the faid Sheriff ordered a third Proclamation to be made and no Freeholders appearing to vote, the fitting Members then defired the Sheriff to clofe the Poll, which he refufed to do, but about Nine o'Clock declared his Intention of keeping the Poll open until Twelve, when Thomas Machin, one of the Poll Takers told the Sheriff he would not ftay imtil that Time; but the Sheriff inclining towards him defired him, in a low Voice, not

appears to your Committee that on the

Day

the Freeholders prefent having given their Votes, the

firft

to

13

would clofe the Poll as foon as the Petitioner's Expreffes that he had fent into the Country from the Courthoufe in Dumfries for Voters returned which M-" Lee overhearing, complained to the Sheriff that he had not behaved impartially towards him, for that if he had known Expreffes had been fent for Voters, he had fome Friends near the Town who would have ventured out to ferve him, and that at the Time M' Lee had eleven Votes on the Poll more than the Petitioner That the faid Sheriff kept the Poll open until Midnight, though he had frequently fent out his Under Sheriff during that Time to inquire for Voters, and but one Perfon appeared for feveral Hours, who was brought in by one of the Petitioner's Expreffes, and voted for him, notwithftanding both the fitting Members frequently expoftulated with him on the Injuftice and Partiality of his Proceedings, when the Petitioner anfwered he would indemnify him for his Condudt: It likewife appears that the faid Sheriff declared his Reafon for keeping the Poll open fo late was in Expedition that the Freeholders would get over the faid Run, and attend the Eledlion and that the People at the Door frequently gave out (though without any Truth) that they were coming, and that he did not ufe any indirect Means
to be uneafy, for he
;
:

to influence the Voters at the faid Eledtion.

appears that on the Morning after the faid Eledion there were about 15 Freeholders, Friends to M'' Lee, waiting to get over the faid Rtm, in Confequence of the Intimation they had received from the Petitioner's Meffenger that the Poll was to be kept open two Days. Refolved, That it is the Opinion of this Committee that the faid Petitioner hath not made good the Allegations of his Petition againft the faid Sheriff. Upon an Examination of a Copy of the Poll taken at the faid Eledlion, it appeared to your Committee that the fitting member M' Lee had three Votes more than the Petitioner, feven of which, to wit, Richard Marlour, William Rookard, Francis Kenner,
It further

George Thayer,

Andrew Martin, Leonard Helm and Robert Forgey,


;

Committee, had no Right to vote at the faid Eledlion Opinion that ten of the Perfons who voted for the Petitioner at the faid Eledlion, to wit, John Seymons, Charles Harding, Barnaby Cannon, William Watkins, James Leach, William Suitor, Rawleigh Dodfon, Edward Hughes, George Harper and Burr Calvert, had no Right fo to do and that the fitting Member M^ Lee had a Majority of fix legal Votes on the faid Poll, and therefore Refolved, That the faid M^ John Baylis and M' Henry Lee are duly eledled to ferve
;

the Opinion of your are aKo of Committee and_your


it is

as Burgeffes in this prefent General Affembly for the

County of Prince William. a Motion made. Ordered, That M"' Lee have Leave to withdraw his Complaint exhibited againft the Sheriff and Under Sheriff of the Coimty of Prince William, for feveral Malepradlices

On

committed at the Eledlion of Burgeffes for the faid County. Ordered, That the laid Henry Peyton do pay unto the fitting Members their Cofts
occafioned

by the

faid Petition.

Year 1760 a Plan was formed for attacking the Cherokee Indians by the Governments of South Carolina and this Colony, and your Memorialift was called down to command it, after having proceeded to Juniata, under the Command of General Monckton; that he travelled 400 Miles to the Place of Rendezvous, with his Servants only, to take the Command of the Regiment appointed to that Service on his Return to New York he confulted General Monckton whether he thought it reafenable to apply to General Amherft for an Allowance to Virginia for the Expenfe of that Campaign, and obtained a Promife from him to do That in the Spring following he came to every Thing in his Power to oblige him command to the fecond Expedition againft the General Amherft, Virginia, by Order of Cherokees; and he mentioned what paffed between General Monckton and himfelf to the Govemour, Cotmcil, the Speaker, and many Gentlemen of the Affembly After the Campaign was over, he found Nothing had been done in the Affair, and then he waited on General Amherft at New York, and fpoke to him about the Expenfe of the Year 1760 who, with fome Hefitation, gave him Leave to lay the Accounts before him That he
Memorial
of

William Byrd, Efq

fetting forth that in the

immediatelv

131 ]

immediately applied to his Honour the Governour for the Vouchers and Certificates, which Doctor Walker could not prepare until the Middle of April: That as foon as the Papers came he went with Dodlor Walker to New York, and obtained the General's Orders to the Commiffioners to examine them; thofe Gentlemen, finding feveral of the Papers deficient, told him they could not recommend them for Payment to the General That he took fome Pains to explain the Matter to the Commiffioners, and they being convinced that the greateft Part of them were juft, they certified to the General that he would be fafe in paying ;io,ooo Sterling, referring the Balance until he could produce all the Papers reqmfite which he engaged his Honour to do, or return him the Money That Dodlor Walker was afterwards fent with the proper Vouchers, which gave SatiffaAion and the Balance was thereupon received: That your Memorialift ftaid a confiderable Time in Philadelphia, was twice at New York, and was at a confiderable Expenfe and Trouble in adj lifting this Affair; wherefore he hopes this Houfe will take his Ser\'^ice into Confideration, and make him fuch Allowance as they think it
: ; : ;

That the faid Memorial be referred to the Confideration of the Committee of Propofitions and Grievances. M"" Bland reported that he had, according to Order, waited on the Governour with the Addrefs of this Houfe, for difcontinuing the Guard over the Magazine in this City To which his Honour was pleafed to Anfwer, that he would immediately comply with the Defire of the Houfe but as there is a large Quantity of Powder in the Magazine, he thinks it prudent to continue the Guard until the Sentiments of the Houfe are known how the Powder fhall be difpofed of. M' Richard Henry Lee, from the Perfons to whom the Petition of M'' William Bronaugh was referred, reported that they had examined into the Allegations thereof, and found them to be true, and had come to a Refolution thereupon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, and is as follows Refolved, That the faid William Bronaugh be allowed one full Year's pay, as Captain of the Virginia Regiment in the Year 1757, as a Recompenfe for his Services, the Loffes he fuftained, and Hardfhips he fuffered, the Campaign at the Reduction of Fort DuQuefne, when he ferved as a Volunteer, at his own Expenfe. Ordered, That the faid Refolve be fairly tranfcribed, and that M' Richard Henry Lee do carry it to the Council for their Conciurence. The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill For further continuing and amending the Adl, entitled An Ad^ for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned. Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill on Tuefday next. M'' Cary, from the Committee of Claims, reported that the faid Committee had had under their Confideration an Information againft Bertrand Ewell to them referred, and had agreed upon a Report, and come to a Refolution thereupon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as follows It appeared to your Cofnmittee that the faid Bertrand Ewell put in a Claim, on Oath, to the Affembly, at laying the laft publick Levy, for 2008 Weight of Tobacco for his Tithables employed in the Quantico Iron Works, agreeable to Lifts by him given in to the Magiftrates who took the Lift of Tithables for the County of Prince William for the Years 1759 and 1760, which Tobacco was levied for him in the laft Book of Claims; it alfo appears to your Committee that the faid Bertrand Ewell never has eredled, or begim to eredl, any Iron Works at the place aforefaid. Refolved, That the faid 2008 Weight of Tobacco be levied on the faid Bertrand
;

deferves. Ordered,

Ewell, to repay the Publick. Refolved,

That the

faid Bertrand Ewell hath been guilty of a high

Crime and
Ordered

Mifdemeanor.
'

Hening, V,

p. 336.

132

Ordered, Tliat the faid Bertrand Ewell be taken into Cuftody of the Sergeant at

Arms.

A Petition of Richard Sandfard and Robert Sandford, Infpe(5lors at Hunting Creek Warehoufe, in the County of Fairfax, fetting forth that they have for many years executed that Office for a Salary very inadequate to their Trouble and Expenfe, being allowed only 30 for receiving and infpedlrng 1000 Hogfheads of Tobacco per Annum;
and praying that fome Allowance may be made them for their paft Services, and a Salary proportioned to their Trouble for the Future, was prefented to the Houfe and read. Ordered, That the faid Petition do lie on the Table. A Petition of James Cocke, fetting forth that fmce his Appointment to the Clerkfhip of the pubUck Treafury the Bufmefs of that Office is 0 greatly increafed as to require his conftant Attendance, and praying his Salar}^ may be augmented, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Committee appointed to fettle the Treafurer's Accoimts that the)' examine into the Allegations of the faid Petition, and report the fame, with their Opinion thereon, to the Houfe. A Bill For dividing the County of Lunenburg in three diftindl Counties was read the
;

fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time. The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill To explain and amend one Adl of Affembly, made in the 4* Year of the Reign of Queen Anne, entitled, An A&for regulating the Eledions of Burgeffes, for fettling their Privileges, and for afcertaining their Allowayices, aHo one other Adt, made in the 10*'' Year of George II. entitled, AnA&' to declare who fhall have a Right to vote in the Eledion

Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order to multiply Votes at fiich Eledions. Refolved, That the Houfe will again refolve itfelf into the faid Committee Tomorrow. A Petition of Richard Pcaris, praying he may be allowed his Account due from the when he was ordered out with Major Andrew Lewis Colony ever fmce the Year
of

to the Cherokee Nation, he having never received

any

Satiffacflion for the

fame, was pre-

fented to the Houfe and read.


Ordered,
of Propofitions

That the faid Petition be referred to the Confideration of the Committee and Grievances; that they examine into the Allegations thereof, and
Houfe adjourned
until

report the fame, with their Opinion thereon, to the Hotife.

And

then the

Tomorrow Morning 11

"'Clock.

Satur6a?. t^e

4tl)

of

December. 3 ^eo.

III.

1762

MR
A
Money

Attorney reported that the Committee appointed had, according to Order, waited on the Govemour to kno whis Pleafure when the Ho\ife fhould attend him with their Addrefs and that he was pleafed to appoint this Day, and to fay he would fend a Meffage to the Houfe when he was ready to receive it. Petition of James Thurfton, praying to be allowed the Difference between the
;

of this Colony and that of Pennfylvania for fo much fhort paid him by Colonel Byrd, for his Services as Armorer in the Campaign of 1761 and praying the Confideration of this Houfe, was prefented to the Hotife and read and the Queftion being put that the faid Petition be referred to a Committee.
; ;

It paffed in the Negative.

Refolved,

That the
lbs. of

faid Petition be rejedted.

PubUck 2500

Cotmty of Gloucefter, praying to be allowed by the Tobacco, by them expended in repairing the pubUck Wharf at the Infpedlion at Gloucefter Town, the Rents of the faid Warehottfe being infufficient to reimburfe them, was prefented to the Hotife and read.
Petition of the Juftices of the

Ordered

Hening,

III, p. 236.

'

Ibid.,

IV, p. 475

133

Ordered,

of Claims; that they

That the faid Petition be referred to the Confideration of the Committee examine into the Allegations thereof, and report the fame, with
Infpedlors at Wicomico Warehovife, fetting forth that their Salary

their Opinion thereon, to the Hotife.

A Petition of the
was

fettled at $$, lince

which there has been another


is

Infpe(5lion eftabhfhed
;

on the
fettled

oppofite Side of the River, which the Petitioners likewife attend

that the Tobacco

received at the faid Infpedlions

increafed one third, fince their Salary

was

firft

and praying the Confideration


read.

of the Hoiife therein,

was prefented

to the

Houfe and

Ordered,

Petition of

That the faid Petition do lie on the Table. James Gait, Keeper of the publick Gaol, praying a Continuance
That the additional

of his

former Salary.
Refolved,

Sum

of ;^i5 be paid to the faid

James

Gait,

over and

above

his ufual Salary of ;2 5 a Year.

That lo lbs. of Tobacco a Day be allowed to the faid James Gait, for every Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this Time to the End of the next Seffion of Affembly. A Petition of Thomas Drake, praying to be allowed for his three Servants who
Refolved,
enlifted in the late Virginia
,

Regiment, having never received any fvutherSa tiffa(5lion for


to the

them than $ was prefented


It paffed in the

Houfe and read

and the Quef tion being put that

the faid Petition be referred to a Committee,

Negative.
Walthoe.

Refolved,

A
I

That the faid Petition be rejedled. Meffage from the Govemour was delivered by

M"'

M' Speaker, am commanded by


M''

to receive their

Governour to acquaint Addrefs in the Council Chamber.


the

this

Houfe

that his

Honour

is

now ready

and being returned, reported that he had, with the Houfe, attended the Governour in the Cotmcil Chamber, and prefented the Addrefs of this Hovife to him, to which he was pleafed to anfwer.
Speaker, with the Houfe, went up;

M'
It

Speaker, and Gentlemen of the Houfe of Burgeffes,

would have given me the greateft Pleafure if the Situation of the Affairs of this Colony would have encouraged you to have kept the Regiment on Foot until we had a Certainty of a firm Peace being concluded between his Majefty and his Enemies. I hope the Reafons you have affigned for difcontinuing it, will take away any Imputation of an Abatement of your Zeal in his Service; and that they may anfwer this End as much as poffible, I will tranfmit them to the Right Honourable the Board of Trade by the firft Conveyance, that they

may

be laid before his Majefty.

The Order

of the

on the faid Bill Reign of Queen Anne,

Day being read, the Houfe again refolved itfelf into a Committee To explain and amend one A<ft of Affembly, made in the 4* Year of the
entitled.

An

Ad,^ for regulating the Eledion of Burgeffes, for

fettling their Privileges,

and

for afcertaining their Allowances, alfo

one other Adl, made in

the 10* Year of George

declare who fhall have a Right to vote in the Eledion of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order to multiply Votes at fuch Eledion; and after fome Time
II. entitled.

An Ad' to

M'' Speaker refximed the Chair, and M'' Attorney reported that the Committee had had the faid Bill tmder their further Confideration, and gone through the fame, and had made feveral Amendments thereto.

fpent therein,

Ordered,

That the faid Report be confidered on Monday next.

he is attending in the Cuftody of the Sergeant at Arms, in Obedience to the Order of this Houfe, for having been guilty of a
Petition of Bertrand Ewell, fetting forth that

high
>

Hening,

III, p. 336.

'

Ibid.,

IV, p. 475

134]

high Crime and Mif demeanor, in prefenting an imjuft Demand to this honourable Houfe, claiming an Allowance to be made him for fome Slaves employed by him in Iron Works, the Owners of which are by Law exempt from paying Taxes for them, and begs Leave
to reprefent that the faid Charge is entirely groundlefs, he having made a confiderable Progref s towards eredling a Firmace for carrying on an Iron Work on fome of his Lands

County of Prince William, having railed a Dam, and cut Races for that Piorpofe, in which Work every Slave mentioned in his Claim had been employed, the Truth of which he is ready to verify and praying he may be difcharged out of Cuftody, and that proper Time may be allowed him to prove his Affertions, was prefented to the Houfe
in the
;

and

read.

Ordered,
Ele(5tions;

That the faid Petition be referred to the Committee of Privileges and that they examine into the Allegations thereof, and report the fame, with

their Opinion thereon, to the Houfe.

A Claim of Peter Warren, for taking up a Runaway therein mentioned, was prefented
to the Houfe,

And

then

and referred to the Confideration of the Committee of Claims. the Houfe adjourned until Monday Morning ii "'Clock.

ytionba^.

tl)e 6tl)

of

December, 3

(Beo.
Eftes,

UL 1762.

and Thomas Moore, Claims of Jofeph Dupree, John Towns, Robert SUNDRY Accounts from the County of Lunenburg, for taking up and fvmdry
Militia

Rtmaways therein mentioned, were feverally prefented to the Houfe and

received,

and referred to the Confideration of the Committee of Claims. Claim of William M'Mahon, for taking up a Deferter therein mentioned, was

prefented to the Houfe and received. Ordered, That the faid Claim be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.

'

Year 1760 he had a ComSoldiers for to enlift the Virginia Regiment, Govemour the Honour his from miffion appointed for their Rendezvous the Place marched to he and did enlift feveral, which among whom was one, William Edlington, an able bodied Man, who was refufed on Account of his Size; that he paid him 10, the Bovmty Money, and fuftained the Expenfe of marching him to the Place of Rendezvous, for which he has received no Satif fadlion and praying the Confideration of the Houfe therein, was prefented to the

Petition of William Banks, fetting forth that in the

Houfe and
;

read.

That the faid Petition be referred to the Confideration of the Committee of Claims that they examine into the Allegations thereof, and report the fame, with
Ordered,
their Opinion thereon, to the Houfe. Petition of fundry Perfons in the Coimties of Frederick, Augufta and Hampfhire, Teams were impreffed into his Majefty's Service fetting forth that their Waggons and that through the Length of their Journey, and Stanwix; General tmder Campaign

the

attending the March in bad Roads, but more particularly their Want of Forage, their Teams fuffered greatly, feveral of their Horfes dying, and others fo much worn out that they could not travel, and were obliged to be left on the Road, together with the Waggons, Gear, &c. that they have only been paid for Waggonage and praying Publick, was prefented to the Houfe and they may be fatif fied for their Loffes by the faid Petition be referred to a Committee, the that put being read and the Queftion
Difficulties
; :

be rejedled. Pofey, formerly Captains in the 2^ Virginia Regiand John Field John A Officers and private Men of their Companies, non-commiffioned ment in Behalf of the Artificers in clearing the Roads to Fort as Pay extra praying to be allowed their read. and Du Quefne, &c. was prefented to the Houfe
Petition of

It paffed in the Negative. Refolved, That the faid Petition

Ordered

135 ]

Ordered,

of Claims; that they

That the faid Petition be referred to the Confideration of the Committee examine into the Allegations thereof, and report the fame, with
reported, according to Order, the
of

their Opinion thereon, to the Houfe.


M'' Attortiey

Amendments

to the Bill
of

To

explain

and amend one Adl

Queen Anne, entitled, An Ad for regulating the Eledion of Burgeffes, for fettlingtheir Privileges, and for afcertaining their Alloivances, alfo one other A6t, made in the 10"' Year of George II. entitled. An Ad' to declare who fhall have a Right to vote in tfie Eledion of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order to multiply Votes at fuch Elediotjs; which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, with fome Amendments. Ordered, That the Bill, with the Amendments, as amended, be engroffed, and read
in the 4*^

Affembly made

Year of the Reign

a third time.

be augmented, was prefented to the Houfe and read. Ordered, That the faid Petition do lie on the Table. A Petition of fimdry Inhabitants of the County of Amelia, praying that the Time for beginning to infpeft Tobacco may be fixed to the firft of Odober in every Year, and that an A6t may pafs for that Purpofe. Alfo a Petition of ftmdry Inhabitants of the County of Goochland, to the fame Effedl, were feverally prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee ot Propofitions and Grievances; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe.

Petition of the Infped;ors at Quantico Warehoxafe, praying their Salaries

may

Warehoufe, in the County of Caro/iVre, praying to be allowed the Svmi of ;^i8. 185. for Tobacco ftolen out of the faid Warehoufe, the Property of John Baylor, Efq Richard Buckner and Lunfford Lomax, Gentlemen, and which they have been obliged to pay the faid Proprietors, was prefented to the Houfe and read.
Petition of the Infpe<ftors at Roy's
;

faid Petition do lie on the Table. William Marfton, Sheriff of James City County, for 270 lbs. of Tobacco, was prefented to the Houfe and received, and referred to the Confideration of the Committee of Claims. Several Claims of Edmund Allen, Thomas Parker and James Howell, for taking up Rtmaways therein mentioned, were feverally prefented to the Houfe and received,

Ordered,

That the
of

A Claim

and referred to the Confideration of the Committee of Claims. M' Gary, from the Committee of Claims, reported that the faid Committee had had under their Confideration feveral Matters to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again read, and are as follow
;

That the Petition of William Sweene, a wounded Soldier, is reafonable; he ought to be allowed the Sum of <, a Year, as a Confideration for the wound and that he received in the Service of this Colony.
Refolved,

Refolved,

That the Petition

of Jofeph Dcmaldfon, late Stu-geon's

Mate

in the Vir-

ginia Regiment, to be allowed half

one Year, be rejedled. On confidering the Claim of Richard Doggett, it appeared to your Committee that N elfon, a Slave belonging to the faid Doggett, was on the s''' Day of Odober, 1761, tried at a Court of Oyer and Terminer in Bedford County, and condemned for Felony that a few Days after the Prifon of the faid County was broke open, and the faid Slave efcaped, and hath never been heard of fince.
for
;

Pay

Refolved,
faid Slave

That the

faid Richard Doggett

ought to be paid the

Sum

of ;8o for the

by the

Publick.

On
Hening,
III, p. 236.
'

Ibid.,

IV, p. 475.

136

On confidering the Claim of the Adminiftrators of Chriftopher Gift, deceafed, it appeared to your Committee that the faid C/in'/fo/^/i^r Ct/i, deceafed, did, on the Settlement of an Account againft this Colony, on the 14^^ of June, 1758, give the Colony Credit for 600 received by him of Sir John St. Clair, Bart, for the fouthem Indians Service, which Sum was afterwards difallowed the faid Gift by Samuel M'Caul, Jun. Alexander Stedman and John Ingles, Commiffioners for the Crown, and dedudled by them out of the faid Chriftopher Gift's Accoimt againft the Crown. Refolved, That the Adminiftrators of the faid Chriftopher Gift, deceafed, ought to
be allowed the faid

600 by the Publick. On confidering the Claim of the Reverend Archibald Dick, it appeared to your Committee that Bob, a Negro Man Slave belonging to the faid Dick, was, at a Court of Oyer and Terminer held in Caroline County the 25*^ Day of Odober laft paft, condemned for Felony, but broke Gaol before the Day appointed for his Execution, and hath not been It appeared to your Committee that Application was made to the faid heard of fmce Dick to apply for a Pardon for his Slave, but he refufed and gave as a Reafon that the faid Bob was fo notorious an Offender that he ought to be made an Example of. Refolved, That the faid Archibald Dick ought to be allowed the Sum of 100 for his faid Slave by the Publick. The four firft Refolutions being twice read, were agreed to by the Houfe. The laft Refolution being alfo twice read, was difagreed to. Ordered, That the faid Refolution be recommitted to the faid Committee.
of
:

Sum

hath lately, at a great Expenfe, Caufey through the Marfh oppofite to the publick Ferry eftablifhed from his Plantation over Mattapony River, to the Land of George Braxton, Efq; deceafed, by the Permiffion of Carter Braxton, Efq; Guardian to his the faid Ceorge's Children that the faid Caufey will be of great Utility to the PubUck, if the Landing Place over the faid River was eftablifhed there, as it fliortens the Paffage near Half a Mile and praying that he may be enabled to keep up the faid Caufey, and that the fame may be eftablifhed the publick Landing over the faid River, was prefented to the Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they examine into the Allegations of the faid Petition, and report the fame, with their Opinion thereon, to the Houfe. M' Attorney, from the Committee of Propofitions and Grievances, prefented to the Houfe, according to Order, a Bill To repeal an Adl, made in the 22"^ Year of his late
Petition of William Frafier, fetting forth that he
raifed a
;
; ;

Majefty'sReign, entitled. Am A<9' concerning Strays, and to eftablifh a more effectual Method to prevent Frauds committed by Perfons taking up Strays,- and the fame was read the firft Time, and ordered to be read a fecond Time. Alfo a Bill For diffolving the Veftry of the Parifh of Truro, in the County of Fairfax, and eledling a new Veftrv in the faid Parifh and the fame was read the firft Time, and
;

the Queftion being put that the faid Bill be read a fecond Time, It paffed in the Negative.
Refolved,

8.1

And

then

That the faid Bill be the Houfe adjourned

rejected.
until

Tomorrow Morning

11 "'Clock.

Bues6aY.

t^e

7tl)

of ^December,
may

<Beo. lU.

1762.

A
I

Petition of fundry Inhabitants of the

County of Albemarle,

in Behalf of themfelves

be paffed to enable fuch of them as fhall be willing to undertake it, to eredt a Bridge over the north Branch of James River, at their own Expenfe, at the moft convenient Place near the Courthoufe of the faid County and that they may be aKo authorifed to demand and receive a certain Toll from all Perfons who fhall pafs over the faid Bridge, as fhall be

and

others, praying that

an Adl

thought

fit.

Alfo
Hening, VI,
p. 133.

137

Alfo a Petition of Peter Jones, fetting forth that he hath laid off, at a great Expenfe, Land adjoining the Town of Peterfburg into Lots, and praying that an Adl may pafs to annex the faid 28 Acres of Land fo laid off as aforefaid to the faid Town of Peterfburg, and that the Freeholders and Inhabitants of the fame may enjoy the fame
28 Acres of his
Privileges as the Freeholders

enjoy, were feverally prefented to the Hotife


Ordered,

and Inhabitants of other Towns eredled by Adl of Affembly and read.

of Propofitions

That the faid Petition be referred to the Confideration of the Committee and Grievances; that they examine into the Allegations thereof, and

report the fame, with their Opinion thereon, to the Houfe.

M' Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had under their Confideration the Memorial of the Officers of the Virginia Regiment to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, with an Amendment, as follow:
faid

That the Allegations of the faid Memorial are true. Sum of 100 ought to be paid by the Pubhck to the Colonel and other Field Officers of the faid Regiment, the Sum of ;^75 to every Captain, and the Sum
Refolved,

Refolved, That the

;,^5o to each fubaltern Officer of the faid Regiment, as a Satiffadlion for the Expenfes they were lately put to in providing themfelves with Camp Equipage, and other incident Charges, when the faid Regiment was raifed.

of

Refolved, That the Colonel, and every other Officer of the faid Regiment, ought moreover to be allowed one half Year's Pay, according to their refpedlive Commiffions,
as a

Recompenfe
Refolved,

for their faithfvil Services to their Country.

That the

Officers of the faid

faithful Ser\'ices to this


for his
M"^

Regiment, in Confideration of their long and ought to Country, be recommended to his Majefty by this Houfe

Favour and Proted;ion

Attorney alfo reported that the faid Committee had had under their Confideration divers Petitions from fundry Inhabitants of the Parifhes of St. David, in the Coimty of

King William, and


84

of the lower

End

oi St. Margaret' SyintheCovrnXyoi Caroline, -prsiymg

that Part of the faid Parifli of St. Margaret may be added to the faid Parifh of St. David's according to the Lines therein particularly expreffed: Alfo a Petition of fundry

other Inhabitants of the faid Parifh of St. Margaret's, in Oppofition to the faid Petitions for a Divifion and had come to the following Refolutions thereon
;

Refolved,

That the

faid Petition, praying a Divifion of the faid Parifh of St. Margaret,

be

rejecfbed.

Refolved,

That the

faid Petition, in Oppofition thereto,

is

reafonable.
M"'

That the fecond and third Refolutions be engroffed, and that torney do carry them up to the Council for their Concurrence.
Ordered, Ordered, nemine contradicente.

At-

be an Inftrudlion to the faid Committee to prepare an Addrefs to his Majefty, purfuant to the laft Refolution. M'' Bland, from the Committee of Privileges and Eledlions, reported that the faid Committee had had imder their Confideration the Petition of Bertrand Ewell to them referred, and had come to the following Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as follows:
it
;

That

be allowed Time, imtil the next Seffion of Affembly, to prove the Allegations of his faid Petition that in the Meantime he be difcharged out of Cuftody, paying Fees and that the faid Petition be referred to the Confideration of the next Seffion of Affembly.
Refolved,
; ;

That the

faid Bertrand Ewell

Committee appointed, prefented to the Houfe, according Gunpowder in the Magazine in the City of Williamfburg, and for other Purpofes therein mentioned and the fame was read the firft Time, and ordered to be read a fecond Time.
M"'

Attorney, from the

to Order, a Bill For difpofmg of the publick Stores of

An

[
>

138]

An engroffed Bill, entitled, An Ad for appointing Diredors and Truftees for the Town in the County of Prince George, and to prevent Hogs running at Large therein, Blandford, of was read a third Time, and the Blanks therein filled up.
Refolved,

Ordered,
rence.

That the Bill do pafs. That M' Bland do carry up the

faid Bill to the Council for their Concur-

The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill For further continuing and amending the Adl, entitled An Ad' for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned. Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill Tomorrow. An engroffed Bill, entitled, An Ad^ for the more effedual keeping the puhlick Roads and Bridges in Repair, was read a third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M"' Bland do carry up the faid Bill to the Covmcil for their Concurrence.

An engroffed
diftind Counties,

County of Lunenburg into three was read the third Time, and the Blanks therein filled up; and the
Bill, entitled.

An Ad*

for dividing the

Queftion being put that the faid Bill do pafs. It paffed in the Negative.

Meffage from the Govemour was delivered by


Speaker,
to

M"'

Walthoe.

M''

The Govemour has commanded me


received from Colonel Stephens.

lay before your

Houfe

a Letter which he has juft

And And

the faid Letter was read, and ordered to


then the

lie

on the Table.
"'Clock.

Houfe adjourned

until

Tomorrow Morning ii

Wednesday,

t^e St^ of

^December. 3
for direding

(Beo. Ill

1762.

AN

and better regulating the Eledion and for afcertaining their Allowances, was read the Third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M'' Richard Henry Lee do carry up the faid Bill to the C-oimcil for their
engroffed
Bill, entitled.

An Ad^

of Burgeffes, for fettling their Privileges,

Concurrence.

Two certified Accounts of Captain Blagg, for Waggonage and Recruiting therein mentioned, were prefented to the Hovife and received. Ordered, That the faid Accounts be referred to the Confideration of the Committee of Claims; that they examine into the Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe. On a Motion made. Ordered, That Leave be given to bring in a Bill To empower Tenants in Taille to make Leafes for three Lives, or 2 1 Years and it is referred to M'' Richard Henry Lee, M' Edmund Pendleton and M' George Johnfon, to prepare and bring in the fame.
;

M' Attorney, from the Committee of Propofitions and Grievances, reported that the Committee had had vmder their Confideration divers Propofitions and Petitions to them referred, and had come to the following Refolutions thereupon which he read in his Place, and then delivered in at the Table, where they were again twice read, and
faid
;

agreed to by the Hotife, as follow Refolved, That the Memorial of the Honourable William Byrd, Efq praying that he may be allowed fome Satiffaftion for the Trouble he was at, and the Expenfes he
;

incurred
>

Hening, VII, p. 608. Ihid.. V, p. 3a6.

3 4

/bid.,

VII, p. 577. Did not become a law.

Hening, VII,

p. 517.

[ 139 ]

incurred, in attending his Excellency Sir Jeffery Anilierft at Neiv York,


his

of

Warrant the Year

for

examining and
is

1760,

and obtaining Expenfes of this Colony for the Campaign reafonable; and that he ought to be allowed the Sum of ;5oo for
fettling the

his faid Services.

Refolved, That the Petition of M'' George Mercer, praying that he may be allowed fome fatiffadlion for the Trouble he was at, and the Expenfes he incurred, in attending the Commiffioners appointed by his Excellency Sir Jeffery Amherft at New York, for fettling the Accoimts of the Expenfes of this Colony for the Campaign of the Year 1760, is reafonable; and that he ought to be allowed the Simi of 500, for his faid
Services.

That the Petition of Allan Macrae, praying that Bertrand Ewell may be obliged to make him a Satifa(5lion for a Piece of his Land, which was laid of? into a Street, in the Town of Dumfries, in the Covmty of Prince William, by the Truftees of the faid Town, by which the faid Bertrand Ewell, as Proprietor of feveral Lots fronting
Refolved,

the faid Street,

is

principally benefited, be rejecfled.

Refolved, That the Petition of Robert Rutherford and Mary Wood, in Behalf of themfelves and others, praying that they may be paid by the Publick for Timber taken off their refpe(5live Lands, and made Ufe of in building Fort Loudoun, in Winchefter, is

reafonable.
se

Refolved,

faid Veftry may be diffolved, ought to be rejedied, no Perfon appearing to prove the Allegations of the faid Petition. Ordered, That the two firft Refolutions be engroffed, and that M"" Attorney do carry them up to the Cotmcil for their Concvurence, and that the Committee of Propofitions and Grievances do prepare and bring in a Bill or Bills purfuant to the 4"' Refolution.

Coxmty and praying that the

of fundry Inhabitants of the Parifh of St. Anne, in the of Albemarle, complaining that the Veftry of the faid Parifh was illegally eledled,

That the Petition

Meffage from the Co\mcil by

M-"

Walthoe.

That they have agreed to the Bill, entitled, An Adl" for the more eflfedlual keeping the publick Roads and Bridges in Repair, with an Amendment, to which they defire the
Concurrence
Alfo
of this

Houfe.

to the Bill, entitled.

An

Adl'

for appointing Diredlors

Town

of Blandford, in the

at Large therein,

County of Prince George, and without any Amendment.

to prevent

and Truftees for the Hogs running

On

a Motion made,

Ordered,

That

M''

John Clack have Leave to withdraw


M''

his Petition prefented at a

former Seffion of this General Affembly againft

Ifaac

Rowe Walton, complaining

of

an undue Eledlion and Return of the faid M'' Ifaac Rowe Walton to fer\^e as a Burgefs in this prefent General Affembly for the Coimty of Brunfwick. The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill For further continuing and amending the Adl, entitled, An Ad^ for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved,

That the Houfe

will refolve itfelf into

a Committee on the faid

Bill

To-

morrow.
M'' Attorviey, from the Committee of Propofitions and Grievances, to whom the Bill For deftroying Crows and Squirrels was committed, reported that the faid Committee had had the faid Bill imder their Confideration, and had made an Amendment hereto; which he read in his Place, and then delivered in at the Table. And on a Motion made, Ordered, That the faid Bill be committed to a Committee of the Whole Houfe imme-

diately.

And

then the Houfe refolved

itfelf

into the faid


M"'

Committee

and

after

fome Time

fpent therein, M"' Speaker

refumed the Chair, and


'

Attorney reported that the


V, p. 326.

Com-

mittee
I

Hening, VII,

p. 577.

/6td.,

VII, p. 608.

/6rf.,

MO

mittee had had the faid Bill under their Confideration, and gone through the fame, and had made an Amendment thereto, which they had diredled him to report to the Houfe and he read the fame in his Place, and then delivered in at the Table, where it was again
twice read, and agreed to
Ordered,

by the

Hoiife.

That the

faid Bill, with the

Amendments, as amended, be
ii "'Clock.

engroffed,

and

read a third Time.

And

then the

Houfe adjourned

until

Tomorrow Morning

B^ursdaip, t^e

9tl)

of

December. 3

<^eo.

III.

1762.

For altering the Court Day of the Coimty of Prince Edward; and the fame was read the firft Time, and ordered to be read a fecond Time. M'' Mercer, from the Perfons to whom the Petition of Nathaniel Stedman was referred, reported that they had had the fame imder their Confideration, and agreed on a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as
to Order, a Bill
;

MR
It

Legraud, from the Committee appointed, prefented to the Houfe, according


s^

follows

appears to your Committee, from the Information of fundry Officers of the Virginia Regiment, that the faid Nathaniel Stedman was a Soldier in the faid Regiment, and was taken Prifoner by the Savages, as is fet forth in his faid Petition, and that he remained in Captivity for the Space of two Years and three Months, when he made his Efcape, and was returning to join his Regiment, but was taken fick at the Croffmgs of Yauyaugaine, and did not arrive before the Regiment was difbanded, and that he has enlifted again in the Regiment, under the late Adl of Affembly. Refolved, That the faid Nathaniel Stedman be allowed the Sum of 2iS> i" full for his Pay, and a Compenfation for the Hardfhips he fuifered during his Captivity. Refolved, That his Arrears of Pay due before his being made a Prifoner ought to be fettled and paid him by the Paymafter of the Virginia Regiment. A Bill For Relief of infolvent Debtors, for the efifedlual Difcovery and more equal Diftribution of their Eftates, was read the fecond Time, and ordered to be committed

whole Houfe Tomorrow. M'' Attorney, from the Committee of Propofitions and Grievances, reported that the faid Committee had had imder their Confideration the Petition of M"' Richard Pearis to them referred, and had examined into his Accounts referred to by the faid Petition, which he laid before the Committee, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice
to a

Committee

of the

and agreed to by the Houfe, as follow: That the faid Richard Pearis ought to be paid by the Publick the Sum of ;i74. 125. 3d. being for Provifions and other Neceffaries fumifhed by him to the Cherokee Indians, and for his Pay as a Captain of a Company of Rangers from April 1756 to the i'' of December following, including alfo Pay by him advanced to the
read, Refolved,

Company imder
Refolved,

his

Command.

That the Sum of izy. 2s. lod. charged in his faid Accounts, as for the Balance of his Company's Pa3\ be rejedled. Refolved, That the Article of 6$. los. charged in his faid Account for his own Pay from the i'' of December 1756 to the 10''' of May 1757, as a Conductor to the Cherokee Indians, is chargeable on his Majefty's Revenues, and not on the publick Treafury of
this Colony.

Accoimt for Horfes and Packfaddles delivered to Colonel David Stewart for the Expedition againft the Shawaneffe, ought to be referred to the Confideration of the next Seffion of Affembly. Ordered
Refolved,

That the

Article of 81. i8s. charged in the faid

141

]
it

Ordered,

That the

firft

Refolution be engroffed, and that M' Attorney do carry

up

to the Council for their Concurrence.

Bill, entitled, An Ad for deftroying Crows and Squirrels, was read the and the Blanks therein filled up. On a Motion made, An engroffed Claiife was added to tlie Bill, as a Rider; and then the Oueftion being put that the faid Bill do pafs, the Houfe divided.

An

engroffed

third Time,

Yeas go forth
Yeas, J7. Noes, 3J.
Refolved in the Affirmative.

Cary do carrj' up the faid Bill to the Coimcil for their Concurrence. Committee of Propofitions and Grievances, prefented to the Order, a Bill For eftablifhing quarterly Courts in the feveral according to Houfe,
Ordered,
M"'

That

M"'

Attorney, from the

Counties of this Colony.

Alfo a Bill For regulating the Gold Coin of the German Empire. Alfo a Bill To empower Carter Henry Harrifon, Gentleman, to build a Mill on Willi f's Creek, in the County of Cumberland; and the faid Bills were read the firft Time and ordered to be read a fecond Time.

Committee appointed, prefented to the Houfe, according to and for other Purpofes therein mentioned and the fame was read the firft Time, and ordered to be read the fecond
M""

Attorney, from the

Order, a Bill Declaring Slaves to be perfonal Eftates,


;

Time.
M"' Cary, from the Committee of Claims, reported that the faid Committee had had under their further Confideration the Claim of the Reverend Archibald Dick to them recommitted, and had agreed upon a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again Twice read, and agreed to by the Houfe, as follows: It appeared to your Committee that fince the faid Claim was prefented to this Houfe and referred to your Committee, the faid M'' Dick hath obtained a Pardon for the Slave in his faid Claim mentioned. Refolved, That the faid Claim be rejedled. M' Cary alfo reported that the faid Committee had had under their Confideration the feveral matters to them referred, and had come to feveral Refolutions thereon; which he alfo read in his Place, and then delivered in at the Table, where they were again read, and are are follow
;

That the Petition of the Juftices of Gloucefter County, to be repaid 2500 lbs. of Tobacco for repairing the Wharf at the Warehotife at Gloucefter Town, in that Cotmty, is reaf enable and that they ought to be allowed the faid Tobacco by the Publick, the Rents of the faid Warehotife not being fufficient to reimburfe them the fame.
Refolved,
;

That the Petition of William Banks, to be repaid the Botmty Money of a by him for the Cherokee Expedition, and refufed by the Commanding Officer at the Place of Rendezvous, on Account of his Size, is reafonable; and that he ought to be allowed the Sum of ;io, the Bounty Money paid by him to the faid Recruit, and the further Sum of 2)'^, his Expenfes in recnoiting, it appearing to this Committee that he was an able bodied Man. On confidering the Petition of Capt. John Field and Capt. John Pofey, in Behalf of their Companies of Artificers, it appeared to your Committee that the two Companies commanded by the Petitioner were employed as Artificers in the Campaign in the Year 1758, and by the Honourable William Byrd, Elq; their Colonel (by Order of the General) promifed 6d. a Day extraordinary Pay for that Service, in which they behaved remarkably well it alfo appeared to your Committee that Colonel Byrd paid each of
Refolved,

Soldier enlifted

the faid

Men

20s.

by Order

of the General,

who

dire<fted the

Captains to apply to this


Refolved

Colony

for the Reft of their Pay.

Refolved, That the non-commiffioned Officers and private Men of the faid Companies ought to be paid for the Time they were on that Duty by the Publick, at the Rate of 6d. a Day, deducting the Sum of 20s. received by each Man of the faid Companies as aforefaid, according to the faid Captains Pay Roll, amounting as follows, to wit: The faid Captain Field's Company, the Sum of },'i^. 6s. and the faid Captain Pofey's

Company, the Sum

of ;302. i6s.

On

confidering the Acconvt of Dodlor

Hugh Mercer

againft the Publick,

it

appeared

Regiment with Medicines, to Halfpeny, 6d. the Articles of which delivered out in Dofes, to the Amount of 176. 5s. are lower than are commonly charged by Apothecaries that the Account began the 24* oi April, 1 762, and that he continued fupplying them in the fame Manner until the s"' of Odober following, at which Time your Committee find another Article charged for a MediIt aKo appeared to your Committee that the cine Cheft, amounting to ;i25. 15s. 2d. Regiment was very fickly, and many of the Soldiers had the Smallpox. Your Committee find that the higheft Charge for a Medicine Cheft for any former Campaign was 84. i6s.
your Committee that the
faid Mercer fupplied the
;

8d.

full

That the faid Hugh Mercer ought to be paid the Sum of ;^ii7. los. 4d. in for his Accovmt for Medicines delivered in Dozes to the Regiment, by the Publick. Refolved, That the Refidue of the faid Account, being s&. 15s. 2d. Halfpeny, be
Refolved, Refolved,
of 125. 15s. 2d. for the Medicine

rejedted.

That the Article in the faid Account Cheft fumifhed the Regiment, be rejedled.

The The

five firft laft

Refolutions being read a fecond Time, were agreed to by the Houfe. Refolution being alfo read, the Houfe difagreed to it.

On

a Motion made, Ordered, That the faid Refolution be recommitted to the faid Committee. A Meffage from the Governour was delivered by M' Walthoe.

That they have agreed


his
life.

to the

Refolve

to

allow Larkin

Chew ;ioo, and ;^40 a Year during


the the

to the Refolve for allowing William Bronaugh one Year's Pay as Captain in in the Year 1757 and for his Sufferings during the Campaign at Regiment Virginia Redudion of Fort DuQuefne, when he ferved as a Volunteer at his ount Expenfe.

Alfo

Houfe to refolve itfelf into a Committee on the Bill For further continuing and amending the Adl, entitled, An Ad' for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentiofied. Refolved, That the Hoxife will refolve itfelf into a Committee on the faid Bill Tomorrow. The Houfe proceeded to take into Confideration the Amendments propofed by the Coimcil to the Bill, entitled, An Ad' for the more effedual keeping the publick Roads and Bridges in Repair; and the fame being read, the firft was agreed to by the Houfe, and

The Order

of the

Day being read

for the

the laft difagreed


Ordered,

to.

That M' Bland do go up with a Meffage to the Covmcil and acquaint them m therewith, and defire they will pafs the Bill with the Amendment as agreed to by the
Houfe.

And

then the

Houfe adjourned

until

Tomorrow Morning 11

''Clock.

^xibaY*

Heoing, V,

p. 326.

'

Ibid.,

VII. p. 577.

143]

TrldaY. tbc

lOtl)

of ^December. 3 (Beo,

III.

1762.

MR

Pendleton

from the Committee appointed to

examine the Treafurer's

Accounts reported that the faid Committee had liad the fame under their Confideration and examined all the feveral Articles and Vouchers thereof,

and had agreed upon a Report, and come to feveral Refolutions thereon; in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow: It appears that the faid Accounts are truly ftated, and that there remains a Balance in the Hands of the Treafurer of 5666. 15s. 8d. on the jjublick Account. That there remains in the Treafurer's Hands a Balance of 2$,$'j4. 13s. id. for the Duty on Tobacco, for the Land and Poll tax, and for the additional Duty on Slaves. That burned Tobacco Notes not yet taken in amount to &-j6. That there remains in the Treafurer's Hands 80. 3s. id. of the Money referved for the Redemption of the old Notes bearing Intereft, fo many of the faid Notes remaining
which he read
ftill

out.

remains in the Treafurer's Hands ;2 5oo, the Balance due to the Commiffioners for the Indian Trade. That there remains in the Treafurer's Hands ;io, 341.10s. id. for Bills of Exchange drawn on the Agents, purfuant to A(5ts of Affembly. That there alfo remains in the Treafurer's Hands a Balance of ;2 2oo. 6s. 6d. for the Treafvu-y Notes emitted in April 1762. Refolved, That the faid Accounts do pafs. Ordered, That M"" Edtmmd Pendleton do carry up the Treafurer's Accounts to the Council for their Concurrence. M'' Blatid, from the Committee appointed, prefented to the Houfe, according to

That there

ftill

Order, a Bill For the better and more regular colledling his Majefty's Quitrents, and the publick Taxes and the fame was read the firft Time, and ordered to be read a fecond
;

Time.

Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe, according to Order, a Bill To amend the feveral Adls of Affembly of this Colony for licenfmg Pedlars, and preventing Frauds in the Duties on Skins and Furs and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of the Minifter, Churchwardens and Veftry, of the Parifh of St. Andrew, in the County of Brunfunck, fetting forth that the Glebe of the faid Parifh is very inconveniently fituated the Land poor, and the Buildings thereon in a ruinous Condition and praying that an Adl may pafs to empower them to fell the faid Glebe, and to apply the Money arifuig from the Sale thereof towards purchafing a more convenient Glebe
M""
;
,

for the faid Parifh.

Ordered,
it is

referred to M""

That a Bill be brought in purfuant to the Prayer of the faid Petition, and Bland and the Members of the County to prepare and bring in the

fame.

On

a Motion made.

Ordered,

That it be an Inf trudlion to the


and
to purchafe a

faid

to enable the Veftry of the Parifh of Frederick, in the


their prefent Glebe,

Committee to receive a Claufe or Claufes County of Frederick, to fell


in Lieu thereof.

more convenient One

A
to the

Petition of Betty Todd, in

building a

Town

Oppofition to a Petition prefented to the Houfe for at Todd's Warehoufe, in the Coimty of King and Queen, was prefented

Houfe and read. Ordered, That the faid Petition be referred to the Confideration of the Committee of Propofitions and Grievances that they examine into the Allegations thereof, and report
:

the fame, with their Opinion thereon, to the Houfe.

144

Bill

To

revive

Tar, Pitch and Turpentine,


of Trade.

and amend an A6t, entitled, .4 Ad for in fpeding Pork, Beef, Flower, was read the fecond Time, and committed to the Committee
ii

M' Cary, from the Committee of Claims, re]Jorted that the faid Committee had had under their further Confideration a Refolution of this Committee on a Claim of Docftor Hugh Mercer, to them recommitted and had agreed upon a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where the fame was again read, and agreed to, with an Amendment, as follows It appeared to your Committee that the Amount of Medicines delivered in Dofes the faid Mercer to the Hofpitals of the Regiment, from the s"' of September laft to by
;

the $^ of Odober following, amounted to ;^78. 15s. gd. Refolved, That the faid Hugh Mercer ought to be paid the

Sum

of

125.

15s. 2d. the

by him for the Ufe of the Regiment. A Bill To dock the Entail of certain Lands whereof Ralph Wormeley, Efq is feized and for fettling other Lands of greater Value to the fame Ufes, was read the fecond Time, Smith, and the Members of Gloucefter, King and committed to M"" Edmund Pendleton, William and Hanover. M^ Edmund Pendleton from the Perfons to whom the Petition of James Cocke, Clerk of the Treafury, was referred, reported that they had examined into the Allegations thereof, and agreed upon a Report, and come to a Refolution thereupon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the Hotife, as follows

Amount

of the Medicine Cheft delivered

on Examination of the Treafurer's Accounts, that the Bufinefs of that Office is greatly increafed, fo as to require the conftant Attendance of the Petitioner; and that he has difcharged his Duty in the faid Office with great Care, Pundtuality and
It appears,

FideHty.
Refolved,

That the

faid Petition

is

reafonable,

and that the Petitioner ought

to be

allowed the additional Salary of

$0 a Year.

A Bill To dock the Entail of certain Lands whereof Henry Scarbttrgh is feized in Fee Taille, and for other Purpofes therein mentioned, was read the fecond Time, and committed to the Members of Accomack and Northampton. A Bill For difpofing of the publick Stores of Gunpowder in the Magazine in the City of Williamfburg, was read the fecond Time, and committed to the Committee of Propofitions and Grievances. M'' Richard Henry Lee, from the Committee to whom the Bill For eftablifhing the Town of Romney, in the County of Hampfhire, was referred, reported that the faid Committee had had the faid Bill under their Confideration, and had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amend- m ments in at the Table, where the Amendments were again twice read, and agi'eed to by
;

the Hotife.
Ordered,

That the

faid Bill, with the

Amendments, be

engroffed, and read a third

Time.
faid

Attorney, from the Committee of Proportions and Grievances, reported that the Committee had had under their Confideration divers Propofitions and Petitions to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table where they were again twice read, and agreed to by the
M''
;

Houfe, as follow
Refolved,

That the Petition

of Peter Jones, praying that 28

Acres of his Land,

adjoining the

may be faid Town, is Part of the reafonable. added to Refolved, That the Petition of the Clerk, Sheriff, Sur\'eyor and Gaoler, of the County of Cumberland, praying that the Deduction from their Tobacco Fees in the faid County,
Town and made
of Peterfburg,

which he has

laid off into

Lots and Streets,

for

making the fame convenient, may be leffened, be rejedled. Refolved, That the Petition of fundry Inhabitants of the County

of Albemarle, pray-

ing that they

may

be permitted to build a Bridge over the north Branch of

James River,
after

in the faid Cotmty,


'

and that the Perfon who

fhall

undertake to build the fame, may,

Hening, VI,

p. 146.

145]

after

it is

finifhed,

demand and take a

reafonable Toll from Travellers paffing over the


of fundry Inhabitants of the Cotuities of Gooch-

fame,

is

reafonable.

Refolved,

That the feveral Petitions


20'*',

land and Amelia, praying that the Infpedtion of Tobacco

may

begin on the
it

"

Day

of

Odober yearly, inftead of the


is

as

is

now by Law

directed,

and that

may end

fooner,

reafonable.
Refolved,

That the InfpeAion of Tobacco ought to end the 10"' Day oi Auguft. That the Petition of Charles Binns, Clerk of Loudoun County praying that the Dedudlion from the Tobacco Fees of his Ofifice, for making the fame convenient,
Refolved,

may be

leffened,

be rejedled.
Bill or Bills

purfuant to the i '* and 3'* Refolutions, and it is referred to the Committee of Propofitions and Grievances to prepare and bring in the fame. Ordered, That it be an Inftrudlion to the Committee who are to prepare and bring in a Bill For further amending and continuing the A(5l for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms, that they receive a Claiife or
Ordered,

That a

be brought

in

Claufes pxu-fuant to the 4""

Committee on the Bill For Relief of infolvent Debtors, for the effedlual Difcovery and more equal Diftribution of their Eftates and after fome Time fpent therein, M'' Speaker refumedthe Chair, and M' Attorney reported that the faid Committee had had the faid Bill imder their Confideration, and gone through the fame, and had made feveral Amendments thereto; which he read in his Place, and then delivered in at the Table, where the faid Amendments were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
into a

and s*'' Refolutions. The Houfe, according to Order, refolved itfelf

Time.
being read for the Houfe to refolve itfelf into a Committee on the Bill For further continuing and amending the Adl, entitled. An Ad for the better reguof the
'

The Order

Day

and colleding certain Officers Fees, and for other Purpofes therein mentioned. Refolved, That the Hovife will refolve itfelf into a Committee on the faid Tomorrow. And then the Houfe adjourned until Tomorrow Morning 11 ''Clock.
lating

Bill

Saturday

tl^e

lU^ of ^December, 3

<&eo.

III.

1762.

MR

Richard Henry Lee, from the Perfons appointed, prefented to the Hovife, according to Order, a Bill To confirm and eftablifh an Agreement made

between James Scott the elder. Clerk, and James Scott the yoimger, his Son and the fame was read the firft Time, and ordered to be read a fecond Time. On a Motion made. The fame was read the fecond Time, and committed to M'' Richard Henry Lee, and the Members of the Counties of Prince William, Loudoun, Fairfax and Fauquier. Ordered, That Colonel Stephen's Letter, which was fent down from the Govemour to this Hoiofe on Tuefday laft, and ordered to lie on the Table, be referred to the Confideration of the Committee of Claims. A Bill To amend the Adl for encouraging Arts and Manufadlures was read the
fecond Time.

That the faid Bill be engroffed, and read the third Time. For altering the Court Day of the Coimty of Prince Edward was read the fecond Time, and committed to the Committee of Propofitions and Grievances. A Bill To empower George Parker to make one Payment of ;6oo to the Churchwardens of the Lower Parifh of Nanfemond, in Lieu of a perpetual Annuity oi t,2, and
Ordered,
Bill

for
'

Hening V,

p. 326.

146]

mentioned, was read the fecond Time, and committed to the Nanfemond, Accmnack and Northampton. On a Motion made. Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, and it is referred to M"' Richard Henry Lee to prepare and bring in the fame. M'' Pendleton, from the Perfons to whom theBill To dock the Entail of certain Lands whereof Ralph Wormeley, Efq; is feized, and for fettling other Lands of greater Value to, the fame Ufes, was referred, reported that the faid Committee had had the faid Bill under their Confideration, and gone through the fame, and had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the faid Amendments were again twice read, and agreed to by
for other Purpofes therein

Members

of

the Houfe.

That the Bill with the Amendments be engroffed, and read a third Time. Cary, from the Committee of Publick Claims, reported that the Committee had examined and confidered all the publick Claims which had been laid before them this
Ordered,
M''

Seffion,

and had agreed upon a Report, which he had entered

in a

Book and he
;

deliv-

ered the

Book

in at the Table.

That the faid Report do lie on the Table. Ordered, That M"' Marfhal have Leave to be abfent from the Bufmefs of this Houfe the Remainder of this Seffion. M' Pendleton, from the Committee to whom the Bill To dock the Entail of certain Lands whereof Henry Scarburgh is feized in Fee Taille, and for other Purpofes therein mentioned, was committed, reported that they had examined into the Allegations thereof and found them to be true, but had made no Amendments thereto. Ordered, That the faid Bill be engroffed, and read a third Time. A Meffage from the Council by M"" Walthoe.
Ordered,

94

That they have agreed


ances.

to the Bill, entitled.

An Adl

for diredting

and better regulating

the Eledtion of Burgeffes, for fettling their Privileges,

and

for afcertaining their Allow-

Alfo

to

a Refolve for allowing

And
Repair.

that they have receded

Bill, entitled,

An

Ad;' for

Andrew Lewis the Sum of j';o. their Amendment difagreed to by this Houfe to the more effedtual keeping the publick Roads and Bridges
from

the
in,

For eftablifhing Pilots, and regulating their Fees, was read a fecond Time and committed to the Committee of Trade. Ordered, That M'' Wythe and M"' Richard Henry Lee be added to the Committee of

Bill

Trade.

A Meffage from the Council by M"^


For allowing

Walthoe.

That they have agreed to the Refolves the Honourable William Byrd, Ejq;

the

Sum

of

500, for the Purpofes

therein mentioned.

For allowing For allowing

M' George

Mercer

the

Sum,

of jioo, for his Services therein mentioned.

the feveral Officers of the Virginia

Regiment

fix

Months Pay,

for their

Services to their Country.

And

to another, for

granting the faid Officers the feveral


Adl, entitled,

Sums

therein mentioned.

Bill

To amend an

An Ad^

for regulating Ordinaries,

and Reftraint

of Tippling Houfes, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time.

M'

Hening, VII. p. 517-

'

Ibid-.

VII, p. 577-

Ibid.,

VI, p. 71.

147

M'

Attorney, from the

Committee

of Propofitions

and Grievances, prefented to the

Houfe, according to Order, a Bill For further amending and continuing the A<51 for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms. Alfo a Bill For building a Bridge over the north Branch of James River, in the

County

of Albemarle.

And a Bill For eftablifhing the Town of Charlotte fville, in the County of Albemarle; and the fame were feverally read the firft Time, and ordered to be read a fecond Time. The Houfe, according to Order, refolved itfelf into a Committee on the Bill For further continuing and amending the Adl entitled. An Ad' for the better regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned; and after fome Time fpent therein, M"' Speaker refumed the Chair, and M"" Attorney reported that the Committee had had the faid Bill under their Confideration, but not having Time to go through the fame they had directed him to move for Leave to fit again. Refolved, That this Hotife will again refolve itfelf into the faid Committee on A'londay next.

M' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill For difpofing of the publick Stores of Gunpowder in the Magazine, in the City of Wtlliamfburg, was committed, reported that the Committee had had the faid Bill imder their Confideration, and had made an Amendment thereto; which he read in his Place and then delivered the Bill with the Amendment in at the Table, where it was again twice read, and agi"eed to by the Houfe. Ordered, That the faid Bill with the Amendment be engroffed, and read a third Time. A Petition of James Hitbard and Frances his Wife, fetting forth that the Petitioner Frances is feized in Fee Taille of and in a Tra(5l of Land in the Parifh of Brunfwick, in the County of King George, containing 840 Acres, or thereabouts, tmder the Will of William Colfton, her late Grandfather and that the Petitioner James is feized in Fee Simple of and in feveral Half Acre Lots of Land in the City of Williamfbtirg, with valuable Buildings, and other Improvements thereon and that it would be greatlv to the Advantage
;

as well of themfelves, as of thofe


faid Willaim Colfton' s Will,
if

claim in Remainder of Reverfion under the the Entail of the faid Lands in King George were docked,

who may

and the

faid Lots in the City of Williamfburg

were fettled to the fame Ufes


to the

and pray-

ing that an Adl


Ordered,
tion,

may

pafs for that Purpofe,


Bill or Bills

was prefented

Houfe and

read.

That a

be brought in purfuant to the Prayer of the faid Peti-

and

it is

referred to M'' Pendleton to prepare

and bring

in the fame.

And

then the

Houfe adjourned

until

Monday Morning

11 "'Clock.

!Jllon6ar.

tb<i

I3tb of ^December. 3 (Beo.


An
Ad''
;/g; is feized,

III.

1762.

A
rence.

engroffed Bill, entitled,

Ralph^,Wormeley,
to the

to dock the Entail of certain Lands whereof and for fettling other Lands of greater Value fame Ufes, was read a third Time, and the Blanks therein filled up.

That the faid Bill do pafs. Ordered, That M"' Pendleton do carry up the
Refolved,

faid Bill to the Council for their Concur-

Ordinaries,

An Ad^ to amend an Ad, entitled. An Ad for regulating and Reftraint of Tippling Houfes, was read the third Time. Refolved, That the faid Bill do pafs. Ordered, That M"' Attorney do carry up the faid Bill to the Council for their Concurengroffed Bill, entitled, engroffed Bill, entitled.

An

rence.

An

An Ad*

for difpofing of the publick Stores of

Gunpowder
Refolved

in the Magazine, in the City of Williamfburg,


Hening, VI,

was read the


3

third Time.

'

p. 326.

Ibid.,

VII,

p. 628.

Ibid.,

VII, p. 595.

Ibid.,

VII, p. 594,

148

Refolved,

Ordered,
rence.

That the faid Bill do pafs. That M' Attorney do carry up the

faid Bill to the Council for their Concur-

An
fadnres,

engroffed Bill, entitled

An Ad

to

amend

the

Ad for encouraging Arts and ManuCouncil for their Concurrence.


third Time,

was read a third Time. That the faid Bill do pafs. Ordered, That M'' Wythe do carry up the faid
Refolved,

Bill to the

An

engroffed

Bill, entitled,

An Ad'

for Relief of infolvent Debtors, for the effedual

Difcovery and more equal Diftribution of their Eftates, Blanks therein filled up.
Refolved,

was read the

and the

Ordered,

That the faid Bill do pafs. That M"' Richard Henry Lee do carry up the

faid Bill to the Cotmcil for their

Concurrence.

An engroffed Bill, entitled, An Ad^ for eftablifhing the Town


of

of

Romney,

in the

County

Hampfhire, and
Refolved,

for other

Purpofes therein mentioned, was read the third Time,


faid Bill to the Council for their

Ordered,

That the faid Bill do pafs. That M"" George Mercer do carry up the

Concurrence.

An

engroffed Bill, entitled.

An Ad* to dock the Entail of certain

Lands whereof Henry %

Scarburgh is seized in Fee Simple, and for other Purpofes therein mentioned, was read the third Time.

That the faid Bill do pafs. Ordered, That M"" Parramore do carry up the faid
Refolved,

Bill to the

Council for their Con-

currence.
M""

a Bill

To empower
and

Bland, from the Committee appointed prefented to the Houfe, according to Order, the refpedlive Veftries of the Parifhes of St. Andrew, in the Cotmty
,

County of Frederick, to fell their Glebe Lands; and Time, and ordered to be read a fecond Time. A Bill For further amending and further continuing the Adl for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Ctiftoms, was read a fecond Time, and committed to a Committee of the whole Houfe Tomorrow. M"' Attorney, from the Committee of Propofitions and Grievances, prefented to the Houfe, according to Order, a Bill For eftablifhing feveral new Ferries. Alfo a Bill To relieve fxmdry Perfons whofe Lands have been injvu"ed by cutting down their Timber to build Fort Loudoun. Alfo a Bill For enlarging the Town of Peterfburg, and for other Purpofes therein mentioned and the faid Bills were feverally read the firft Time, and ordered to be read a fecond Time. M' Attorney alfo reported, from the faid Committee, to whom the Bill For altering the Covut Days of the Counties of Prince Edward and Lunenburg was committed, that the faid Committee had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendmentsbe engroffed, and read a third Time. M"' Attorney alfo reported that the Committee had had tmder their Confideration divers Propofitions and Petitions from feveral Counties to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again read, and are as follow Refolved, That the Petition of fimdry Inhabitants of the Coimty of King and Queen, praying that a Town may be eftablifhed on the Lands of William Todd, at or near Todd's Warehoufes, on Mattapony River, be rejedled. Refolved, That the Petition of Betty Todd and William Todd, in Oppofition thereto,
of Brunfwick,

Frederick, in the
firft

the fame was read the

is

reafonable.

Refolved
Hening, VII, p. 563.

Ibid.,

VII, p. 549.

'

Ibid..

VII, p. 598.

Ibid.,

VII, p. 634.

149

Refolved, That the Petition of William Frafer, praying that he may be allowed to keep up a CauTeway that he has raifed through the Marfh oppofite to his Lands where a publick Ferry is eftablifhed over Mattapony River, at his own Expenfe, and that the faid Caufeway may be eftablifhed the publick Landing Place over the faid Ferry, <jught to be referred to the Confideration of the next Seffion of Affembly. The firft and fecond Refolutions being read a fecond Time were difagreed to by the Houfe. Ordered, That a Bill or Bills be brought in purfuant to the faid Refolutions, and it is referred to the Committee of Propofitions and Grievances to prepare and bring in the

fame.

Meffage from the Council by M' Walthoe.


to the

That they have agreed Alfo to the Wormeley, Efq


Alfo Alfo
in the
is

Treafurer's Accounts.

Bill, entitled,
;

An
An

Adl' to dock the Entail of certain Lands whereof Ralph

feized,

and

for fettling other

Lands of greater Value


Adt, entitled.

to the

fame Ufes.

to the Bill, entitled,

Adl' to

amend an

An Adl

for regulating

Ordinaries,

and Reftraint of Tippling Houfes, without any Amendments.

to the Bill, entitled,

An

A&.3 for difpofing of the publick Stores of

Gunpowder

Magazine

in the City of Williamfburg, with

an Amendment,

to

which they defire the

Concurrence of

this

Houfe.
to the Confideration of the

The Houfe immediately proceeded


the Council to the faid
Bill,

Amendment propofed

and the fame being read was agreed to. by Ordered, That M"' Attorney do go up with a Meffage to the Council, and acquaint them that this Houfe have agreed to the Amendment by them propofed to the faid Bill. M' Attorney, from the Committee of Propofitions and Grievances, reported that the faid Committee had had under their Confideration divers Propofitions and Petitions from the County of Elizabeth City to them referred, and had come to feveral Refolutions thereon which he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to by the Houfe, as follow: Refolved, That the Petition of fundry Inhabitants of the Parifh of Elizabeth City,
;

in the faid

County, complaining of

illegal

Proceedings of the Veftry of the faid Parifh,

and praying that the faid Veftry may be diffolved, be rejedled. Refolved, That the Petition of fundry other Inhabitants of the faid County, praying that they may be empowered to build a bridge over Back River, in the faid County.
Alfo a Petition of lundry other Inhabitants of the faid Coimty, in Oppofition thereto, ought to be referred to the Confideration of the next Seffion of Affembly.

Mann Page, Efq fetting forth that the Place where the Warehoufes on Pamunkey River, in the County of Hanover, ftands, is become a Place of confiderable Trade and Commerce, and which would be much enlarged if a Town was eftablifhed there that he has laid off loo Acres of his Land there into Lots and Streets for a Town and praying that an Adl may pafs for that Pui-pofe, was prefented to the Houfe and read. Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
Petition of
;

called Page's,

M' Pendleton to prepare and bring in the lame. M' Henry Lee prefented to the Houfe, according to Order, a Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly and the fame was read the firft Time, and ordered to be read a fecond Time. The Order of the Day being read, the Houfe again refolved itfelf into a Committee on the Bill For the better and more regular colledling the publick Fees and after fome Time fpent therein, M"' Speaker refumed the Chair, and M'' Attorney reported that the Committee had had the faid Bill tmder their further Confideration, and made feveral Amendments thereto, which they had diredled him to report to the Houfe and he read the faid Amendments in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to by the Houfe.
it is

referred to

Ordered

Hening, VII,

p. 628.

'

Ibid.,

VII, p. 595.

Ibid.,

VII, p. 594.

ISO]
Amendments be
engroffed,

Ordered,

That the

faid Bill with the

and read the

third

Time.

And

then the

Houfe adjourned

until

Tomorrow Morning ii

"'Clock.

Bues6aY

Ih^ I4tb of

^December, 3 <5eo.

Ill

1762.

whom the Bill To confirm and an Agreement made between James Scott the elder, Clerk, and James Scott the younger, his Son, was committed, reported that the Committee had examined into the Allegations of the faid Bill, and foimd them to be true, but had made no Amendments thereto and he delivered the Bill in
Richard Henry Lee, from the Committee to
eftablifh
;

MR
On

at the Table.
Ordered, That the faid Bill be engroffed,

and read a

third Time.

a Motion made.

Ordered, That Leave be given to bring in a Bill To amend the Adt for the better Government of Servants and Slaves, and it is referred to M'' Cary to prepare and bring in the

fame.

On

a Motion made,

That Stephen Barron, the Ferry Keeper at Falmouth, be allowed the Sum of ;i^i5 for ferrying the Virginia Regiment, with their Baggage, &c. over Rappahannock River on the 20"' of September laft, and aKo for Ferriage of Officers and Soldiers at divers other Times fmce, as their various Occafions required, and for his Diligence therein. The Order of the Day being read for the Houfe to refolve itfelf into a Committee on the Bill For amending and further continuing the Adl for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms. Ordered, That the feveral Petitions from fundry Counties relative thereto, and ordered to lie on the Table, be referred to the Confideration of the faid Committee. And then the Houfe refolved itfelf into a Committee on the faid Bill, and after fome Time fpent therein, M'' Speaker refumed the Chair, and M"^ Attorney reported that the Committee had had the faid Bill under their further Confideration, but not having Time to go through the fame they had diredted him to move for Leave to fit again. Refolved, That this Houfe will again refolve itfelf in to the faid Committee Tomorrow. M'' George Johnfon, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To empower Tenants in Taille to make Leafes for 3 lives, or 2 1 Years and the fame was read the firft Time, and ordered to be read a fecond Time. M' Edmund Pendleton, from the Committee appointed, prefented to the Houfe, according to Order, a Bill To veft certain Lands therein mentioned in James Hubard, and fettling other Lands and Slaves of greater Value in Lieu thereof and the fame was read the firft Time, and ordered to be read a fecond Time. M'' Cary, from the Committee appointed, prefented to the Houfe according to Order, a Bill To amend the Adt for the better Government of Servants and Slaves and the fame was read the firft Time, and ordered to be read a fecond Time. And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Ordered,
^
; ;

^il^abmsba^, t^e

\5t\)

of

December. 3

(Beo.

III.

1762.

New Member

having taken the Oaths appointed to be taken by Adt of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, was admitted
to his Place in the Houfe.

On

a Motion made,
Refolved

[i5i
Refolved,

Sterling be paid by the Treafurer of this Colony, out Hands, to the Govemours and Vifitors of William and Mary College, to be applied by them towards purchafing a proper Apparatus for the Inftruction of the Students of the faid College in Natural and Experimental Philofophy. Ordered, That the faid Refolve be engroffed, and that M' Bland do carry it up to

That the

Sum of ,i\^o

of the publick

Money

in his

the Council for their Concurrence.


M''

Cary, from the Committee of Claims, reported that the Committee had had under

their Confideration a Letter


laid before the Houfe,
;

from Colonel

Adam

Stephen to his Honour the Govemour,

and had come to feveral Refwhich he read in his Place, and then delivered in at the Table, where they were again twice read, and agreed to, with an Amendment, as follow: Refolved, That George Frazier ought to be allowed i2d. per Ration for the Troops victualled by him to the ly"" of June laft, the Time John Hawkins iffued Provifions to the faid Troops under his Appointment as Commiffary from his Honour the Govemour. Refolved, That the Surgeon of the Regiment ought to be allowed a Month's Pay for attending the Soldiers now in the Hofpital, and that the Commiffary be allowed his Rations for the faid Soldiers. Refolved, That the Sergeant and private Men ftationed at Redftone ought to be allowed a Month's Pay, to enable them to march into the inhabited Parts of this Colony. M"' Wythe, from the Committee appointed, prefented to the Houfe, according to Order, a Bill For eftablifhing the Town of Hanover, in the Covmty of Hanover, and the fame was read the firft Time, and ordered to be read a fecond Time. A Petition of Thomas Irivin, fetting forth that in the Year 1759 being appointed by Colonel Byrd, with the Approbation of General Amherft, a Major of Brigade, he continued to adl in that Capacity for the Years 1760 and 17 61, when Colonel Byrd commanded on the Expedition againft the Cherokees: That he was at confiderable Expenfe in providing his Equipage, and of great Ufe in forming the raw undifciplined Troops deftined for that Service That he alfo adled as Secretary to Colonel Byrd, and kept the contingent Charges for the Publick: That he paid him for one Year 100 Sterling, and offered to pay him for the Reft; but he refufedit, as the Petitioner was very certain Colonel Byrd had been at a much greater Expenfe than his Appointment would reimburfe And praying the Confideration of the Houfe therein, was prefented to the Houfe and read and the Queftion being that the faid Petition be referred to a Committee,

and

referred to the faid Committee,

olutions thereon

It paffed in the Negative.

That the faid Petition be rejedled. Benjamin Harrifon, from the Committee of Trade, to whom the Bill For inf pedling Pork, Beef, Flower, Tar, Pitch and Turpentine, was committed, reported that the faid Committee had made ieveral Amendments thereto; which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe, with an Amendment. Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Refolved,
M''

Time.

Meffage from the Council was delivered by

M""

Walthoe.

That they have agreed to the Bill, entitled. An Adl for encouraging Arts and Manuan Amendment, to which they defire the Concurrence of this Houfe. Alfo to the Bill, entitled. An Adl' for ReHef of infolvent Debtors, for the effedlual Difcovery and more equal Diftribution of their Eftates, without any Amendments. The Order of the Day being read, the Houfe again refolved itfelf into a Committee on the Bill For amending and further continuing the Adt for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after fome Time fpent therein, M"' Speaker refumed the Chair, and M'' Attorney reported that the Committee
fadtures, with

had had the

faid Bill under their further Confideration, but not having Time to go through the fame they had directed him to move for Leave to fit again.

Refolved
'

Henjng, VII.

p. 288.

Ibid.,

VII, p. 549.

152

Refolved,

That

this

Houfe

will again refolve itfelf into a

Committee on the
ii "'Clock.

faid Bill

Tomorrow.

And

tfien the

Houfe adjourned

until

Tomorrow Morning

Bl)urs6ar. t^e

I6tl)

of ^December, 3 (Beo.

III.

1762.

MR
in

Benjamin Harrtfon, irom the Committee of Trade, to whom the Bill For and regulating their Fees, was committed, reported that the faid Committee had made feveral Amendments thereto; which he read in his Place, and then delivered the Bill with the Amendments at the Table, where they were again twice read, and agreed to with fome Amendments. Ordered, That the faid Bill, with the Amendments, as amended, be engroffed, and
eftablifliing Pilots,

read a third Time.

Bill

For

eftablifliing the

Town

of Charlotte fville, in the

County

of Albemarle,

was

read the fecond Time.

That the faid Bill be engroffed, and read a third Time. For building a Bridge over the north Branch of James River, in the Cotmty A Bill of Albemarle, was read the fecond Time, and committed to M' Thomas Walker, M' Fry and M' John Pendleton. A Memorial of the Officers who ferv'^ed in the old Virginia Regiment, in Favour of James Duncan fon, fetting forth that in the Year 1755 ^^ entered a Volunteer in that Corps, where his good Behavior foon procured him a Pair of Colours, from which he was promoted to a Lieutenancy, and behaved himfelf in thofe Appointments entirely to the Satiffadlion of his Superiours and the Corps to which he belonged that he never figniOrdered,
;

any Intention of leaving the Service until the latter End of the Campaign 1758, when he was difabled by a very dangerous Wound, occafioned by a Mufket Ball paffmg through his Throat, which he received at the Head of a fmall Detachment that was ordered from Fort Ligonier, when that Poft was attacked by a formidable Body of the Enemy, which occafioned the lofs of his Voice for a Time, and rendered him incapable of ferving any longer his King and Coimtry as a Soldier that in that Adlion he behaved with great Intrepidity and Condudl, and for the Space of 4 years he continued in the Regiment his well known Behaviour, his Services, and his Sufferings, fufficiently recommended him to the Notice of the Publick and praying fuch Relief as this Hotife fhall think fit, was prefented to the Houfe and read. Richard Henry Ordered, That the faid Memorial be referred to M'' George Mercer, Lee and M"' Thomas Walker; that they examine into the Allegations thereof, and report
fied
;
;

loi

the fame, with their Opinion thereon, to the Houfe. On a Motion made. Ordered, nemine contradicente. That it be an Inftrucftion to the Committee who are appointed to prepare an Addrefs to his Majefty, in Behalf of the Officers of the Virginia

Regiment, that

M''

itfelf into a Committee amending the Staple of for continuing Adl the on the Bill For amending and further Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after fome Time fpent therein, M' Speaker refumed the Chair, and M"" Attorney reported that the Committee

The

Order of the

George Mercer be joined in the faid Addrefs. Day being read, the Houfe again refolved

had gone through the faid Bill, and made feveral Amendments thereto, but not having Time to prepare and draw up the fame they had diredled him to move for Leave to fit
again.
Refolved,

That

this

Houfe

will again refolve itfelf into a

Committee on the
"'Clock.

faid Bill

Tomorrow.

And

then the

Houfe adjourned

until

Tomorrow Morning 11

IFxXba'i

153

lFrl6ar.

tl)e I7tl)

of

December. 3
of Propofitions

<Beo.

III.

1762.

MR
Bill
It
M''

and Grievances, prefented For eftablifhing a Town on the Land of at Todd's Warehoufes, in the County of King and Queen; and the fame being read the firft Time, and the Queftion put that the faid be read a fecond Time,
Attorney, from the
to the Houfe, according to Order, a Bill

Committee

paffed in the Negative.

Refolved.

That the

faid Bill

be rejedled.

Attorney alfo reported that the faid Committee had had under their Confideraof his Heir at

Matthew Watfoit, praying that the real Eftate of one yo/tw Dudgeon, Law, may be fubjedled to indemnify the Petitioner from feveral Judgments obtained againft him as Security of the faid John Dudgeon, who died infolvent, and had come to the following Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to by the
tion the Petition of
in the

Hands

Houfe, as follows:
Refolved,

That the

faid Petition be rejedled.


this

Petition of Jofeph Royle fetting forth that his Salary as Printer to

Houfe

will expire at the

end of

this Seffion of

Affembly, and praying that the fame


read.

may

be

further continued,
Refolved,

was prefented to the Houfe and

That the

Sum

of ;^35o per

Annum

be allowed to the faid Jofeph Royle,

Printer, to continue to the

End

of the next Seffion of Affembly, as a full Confideration

Houfe of Burgeffes, printing the the Laws of each Sefand fending thirteen of them to every County Court Clerk, one of which to be halfbotmd for the Ufe of the Court, printing Infpedlors Notes and Books, Proclamations, and other publick Advertifements. Ordered, That the faid Refolve be engroffed, and that M"' Attorney do carry it up
for printing the Journals of the
fion,

to the Council for their Concurrence. of the Day being read, the Houfe again refolved itfelf into a Committee For amending and further continuing the Adl for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after fome Time fpent therein, M' Speaker refumed the Chair, and M"' Attorney reported that they had made feveral Amendments to the faid Bill, which they had diredled him to report to the Houfe and he read the fame in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third Time. M'' Attorney alfo, from the fame Committee, reported that the faid Committee had had imder their Confideration the Petitions of fundry Infpe(5lors to them referred, praying an additional Recompenfe for their paft Services; and had come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where the fame were again read, and agreed to, with fome Amendments, as follow Refolved, That the Infpedlors at the following Warehoufes fhall feverally be allowed, for each of the Years 1761 and 1762, after the following Rates: At Littlepage's $, at Frederickfburg ;io, at the Brick Houfe ^, at Hunting Creek ;io, at Robert Boiling's Warehoufe 20, at Ofborne's ;^20, at Byrd's 10, at Blandford 1$, at Conftance's ;^io, at Yeocomico and Ruffel's ,, at Matox and Machotax ;gio, at Page's and Crutchfield's ;io, at Gray's Creek $, at John Boiling's ;^2o, at Wtcomico ^, at Merewether's ;io, at Warwick ;)Sio, at Acquia 10, at Falmouth and Dixon's e^, and at Quantico 1$, and that Walter Scott, Infpedor at Rocky Ridge, be allowed ;^i5, and Jofeph Stewart, Infpedlor at Royfton's e,f and Michael Robinfon, Infpedlor at the fame Place, i^$, for their paft

The Order
Bill

on the

Services.

Ordered,

That

it

Allowances

in the

Book

be an Inftrudlion to the Committee of Claims to make the feveral of Claims, purfuant to the faid Refolutions.

154]

Meffage from the Council by

M""

Walthoe.

That they have agreed


in the

County

of Hampfhire,

Alfo

to the

College the

Sum

Town of Romney, mentioned Refolve For paying to the Governours and Vifitors of William and Mary of 450 Sterling, for the Ufes therein mentioned.
to the Bill entitled,

An Adl

for eftablifhing the

and

for other Purpofes therein

An engroffed Bill, entitled, An Adl' for Infpecfting Pork, Beef, Flower, Tar, Pitch Turpentine, was read the third Time, and the Blanks therein filled up. and
Refolved,

Ordered,
rence.

That the faid Bill do pafs. That M' Harrifon do carry up the

faid Bill to the Council for their Concur-

M' Walker, from the Committee to whom the Bill For building a Bridge over the north Branch of James River, in the County of Albemarle, was committed, reported that the faid Committee had made feveral Amendments to the faid Bill which he read in his
;

and then delivered the Bill with the Amendments in at the Table, where they were again twice read, and agreed to by the Houle. Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Place,

103

Time.

James Duncanfon was Committee had had the fame under their Confideration, and had agreed upon a Report, and come to a Refolution thereon which he read in his Place, and then delivered in at the Table, where it was again twice read, and agreed to, with an Amendment, as follows It appears to your Committee that the Allegations of the faid Memorial are true. Refolved, That the faid James Duncanfon ought to be allowed 40 a Year during
M''

Mercer, from the Committee to

whom

the Memorial of

referred, reported that the faid

his Life.

Ordered,
it

That the

faid Refolve

be engroffed, and that

M"^

George Mercer do carry

up

to the Council for their Concurrence.

Gary, from the Committee of Claims, reported that the faid Committee had had under their Confideration feveral Claims to them referred, for the Pay and Expenfes
M''

came to the Affiftance of this Colony, and for Damages done the Inhabitants thereof by the faid Indians, and had agreed to a Report, and drawn up and ftated an Account and Schedule thereof; which he read in his Place, and then delivered in at the Table, where the fame was again read, and agreed to, with an Amendment.
of the Militia of different Counties, for Provifions for the Indians that

That M'' Gary do carry the fame to the Council for their Concurrence. The Houfe proceeded to the Confideration of the Amendment propofed by the Council to the Bill, entitled. An Ad-i to amend the Ad for encouraging Arts and Manufactures; and the fame being twice read, was agreed to. Ordered, That M"' Wythe do go up with a Meffage to the Council, and acquaint them that this Houfe have agreed to the Amendment by them propofed to the faid Bill. A Bill To veft certain Lands therein mentioned in James Hubard, and fettling other Lands and Slaves of greater Value in Lieu thereof, was read the fecond Time, and committed to M' Wythe, and the Members of King George, York and James City. An engroffed Btll, entitled. An Ad* to amend the Ad, entitled. An Ad to oblige the Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein mentioned, was read the third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M'' Attorney do carry it up to the Covmcil for their Concurrence. An engroffed Bill, entitled. An Ad^ for further continuing and amending the Ad, entitled. An Ad for the better regulating and colleding certain Officers Fees, and for other
Ordered,

Purpofes
'

Hening, VII,
Ibid.,

p. 598.

Ibid.,

VII, p. 563.

Ibid.,

VII, p. 590

Ibid^yil, p. 645.

'

VII, p. 570.

[ I5S

Purpofes therein mentioned, was read the and the Queftion put that the faid Bill do
It paffed in the Negative.

third Time,
pafs,

and the Blanks therein

filled

up

That the faid Bill be rejeAed. That the Chaplain attend to read Prayers every Morning at Nine "'Clock. And then the Haufe adjourned until Tomorrow Morning 1 1 ''Clock.
Refolved,

Ordered,

104

Saturday, t^e ISlb of ^December. 3 <&ea

III.

1762.

AN
An
amending

engroffed

was read the

for eftablifhtng Pilots, and regulating their Fees, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M"" Bradley do carry the faid Bill to the Council for their
Bill, entitled,

^h /4^"

third Time,

Concurrence.
engroffed
Bill, entitled,

An Ad'

the Staple of Tobacco,

for amending and and preventing Frauds in


filled

further continuing the

Ad for
was

his Majefty's Cuftoms,

read the third Time, and the Blanks therein


Refolved,

up.
faid Bill to the Council for their

Ordered,
currence.

That the faid Bill do pafs. That M'' Attorney do carry up the
Bill, entitled,

Con-

An
the

engroffed
of

A n Ad^

for eftablifhing the

Town

of Charlottefville, in

Albemarle, was read the third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M' Tho^nas Walker do carry up the faid Bill to the Coimcil for their Concurrence.

County

An
Prince

engroffed Bill, entitled.


ayid

An Ad*

for altering the Court

Days

of the Counties of

Lunenburg, was read the third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M'' Read do carry up the faid Bill to the Council for their Concurrence. An engroffed Bill, entitled. An Ad^ to confirm and eftablifh an Agreement made between James Scott the elder, and James Scott the younger, his Son, was read the third Time. Refolved, That the faid Bill do pafs. Ordered, That M' Richard Henry Lee do carry up the faid Bill to the Council for
their Concurrence.

Edward

For regulating the Gold Coin of the German Empire was read a fecond Time. That the faid Bill be engroffed, and read a third Time. A Bill For enlarging the Town of Peterfburg, and for other Purpofes therein mentioned, was read the fecond Time. Ordered, That the faid Bill be engroffed and read a third Time.
Bill

Ordered,

An
James
filled

engroffed Bill, entitled.

An Ad^

for building a Bridge over the north

Branch

of

River, in the

County

of

Albemarle, was read the third Time, and the Blanks therein

up.

Refolved,

Ordered,

That the faid Bill do pafs. That M' Thomas Walker do carry up the
Bill, entitled,

faid Bill to the Council for their

Concurrence.

An

engroffed

An

Ad'' for regulating the Gold Coin

of the

German

Empire, was read the third Time.


Refolved,

That the faid Bill do pafs. That M'' Attorney do carry the faid Bill to the Council for their Concurrence. Ordered, That M' Walker have Leave to be abfent the Remainder of this Seffion.
Ordered,

Hening, VII,
/Wrf.,

p. 580.

a
4

VII, p. 580.

VII, p. 597. /Md., VII, p. 633.


Ibid.,

Ibid..
/6trf.,

VII, p. 630. VII, p. 622.

Ibid.

VII n ^t? H j/j

X56

For the better and more regularly coUecfling his Majefty's Qiiitrents, and the publick Taxes, was read the fecond Time, and committed to a Committee of the whole Hoiife on Monday next. A BUI For adding the Parifh of Cameron to the Parifh of Truro was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill For eftablifhing feveral new Ferries was read the fecond Time, and committed
Bill

10s

to M"' Legrand, M"^

Read and

M"'

Mercer.

An
the

engroffed
of

Parifh

adding Part of the Parifh of Cameron Truro, was read the third Time, and the Blanks therein filled up.
Bill, entitled,

An A3'

for

to

Refolved,

Ordered,

That the faid Bill do pafs. That M'' George Johnfov do carry up the

faid Bill to the Covmcil for their

Concurrence.

The Houfe proceeded to the Confideration of the Book of Claims, prefented to the Houfe on Saturday laft, and ordered to lie on the Table and the fame was read, and
;

agreed to by the Houfe.


Ordered,

That M' Gary do carry up the

faid

Book

of Claims to the Council for their

Concurrence.

Wythe reported that the Committee to whom the Bill To veft certain Lands James Htibard, and fettling other Lands and Slaves of greater Value in Lieu thereof, was committed, had examined into the Allegations thereof, and found them to be true, and had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third
M""

therein mentioned in

Time.

A Meffage from the Council was delivered by M"^ Walthoe.


That they have agreed
lating their Fees.
to the Bill, entitled,

An

A&,' for eftablifhing Pilots, and regu-

Alfo
Alfo

to the Bill, entitled.

to the Bill, entitled,

An A(5l3 for regiilating the Gold Coin of the German Empire. An Adl* to amend the Adl, entitled, An Adt to oblige the

Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein men-

Owners of

Mills,

tioned.

Alfo

to the Bill, entitled.

An

Adls for eftablifhing the

Town

of Charlotte fmlle in the


,

County

of Albemarle.
to the Bill, entitled.

Alfo

An

Adt<' for alteringthe

Court Days of the Counties of Prince

Edward and Lunenburg.


Alfo to the Bill, entitled. An A<51' for infpedling Pork, Beef, Flower, Tar, Pitch and Turpentine, with an Amendment, to which they defire the Concurrence of this Houfe.

The Houfe immediately proceeded to the Confideration of the faid Amendment; and the fame being twice read, was difagreed to. Ordered, That M'' Bradley do go up with a Meffage to the Covmcil, and acquaint them that this Houfe have difagreed to their Amendment. Ordered, That a Committee be appointed to examine the enrolled Bills of the followHenry Lee, ing Perfons, viz. Fleming, William Cabbel, M' James Mercer, M"' John Pendleton and M"' Bland the yotmger. A Bill To empower the Veftry of the Parifh of Bruton to fell certain Lots in the City of Wtlliamfbiirg, for the Purpofes therein mentioned, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill For eftablifhing the Town of Hanover, in the Cotmty of Hanover, was read

106

the fecond Time.

Ordered
'

Hening, VII,
Ibid..

p. 612.

VII

p, 580.

Ibid., Ibid.,

VII, p. 575. VII, p. 590.

s
<>

Ibid., Ibid.,

VII, p. 597. VII, p. 622.

Ibid.,

VII, p. 570.

157

That the faid Bill be engroffed, and read a third Time. For Bill eftablifhing quarterly Courts in the feveral Counties of this Colony was read the fecond Time, and committed to a Committee of the whole Houfe on Monday
Ordered,

next.

An

engroffed

Bill, entitled,

An AA'

to

empower

fell certain Lots in the City of Williamfburg, for the

the Veftry of the Parifh of Bruton to Purpofes therein mentioned, was read

the third Time.


Refolved,

Ordered,

That the faid Bill do pafs. That M"^ Attorney do carry the

faid Bill to the Council for their Conciurence.

Government of Servants and Slaves was read the fecond Time, and committed to M"" Cary and M' Fleming. A Bill For amending and further continuing the A(5l for the better regulating and difciplining the Militia was read the fecond Time, and committed to the Committee of Propofitions and Grievances. A Bill For further continuing the Adl for reducing the feveral A(5ls for making Provifion againft Invafions and Infurredlions into one A(5l was read the fecond Time.
Bill

To amend

the Adl for the better

Ordered,

That the faid

Bill

be engroffed, and read a third Time.

An Ad' for preventing exceffive and deceitful Gaming, was read the fecond Time, and committed to a Committee of the whole Hotife on Friday next. A Meffage from the Council was delivered by M'' Walthoe.
Bill

To amend the

Adl, entitled.

That they have agreed


their Amendment made Pitch and Turpentine.

to the

Book

of Claims

and Schedule; and

that they infift

on

to the Bill, entitled

An

Adl^ for infpedling Pork, Beef, Flower, Tar,

to the Bill, entitled. An Adl* for amending and further continuamending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms, with an Amendment, to which they defire the Concurrence of this Houfe. Alfo to the Bill, entitled. An Adl' for adding Part of the Parifh of Cameron to the

That they have agreed

ing the Adl for

Parifh of Truro.

Alfo
fell

to the Bill, entitled.

An

Adl" to

empower

the Veftry of the Parifh o( Bruton to

certain Lots in the City of Williamfburg, for the Purpofes therein mentioned.

Alfo

to the Bill, entitled.

An Adl''

for building a Bridge over the north

Branch of

James River,

in the

County

of Albemarle, without

any Amendments.

Ordered, That M"^ Cary do wait on his Honour the Govemour with the Book of Claims and Schedule, and defire his Affent thereto. Ordered, That M^ Bradley do go up to the Council, and acquaint them that this Houfe inlift on their Difagreement to the Amendment by them made to the Bill For infpedling Pork, Beef, Flower, Tar, Pitch and Turpentine, and that they defire they will pafs the faid Bill without the Amendment. The Houfe took into their Confideration the Amendment propofed by the Council to the Bill For amending and further continuing the Adl for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and the fame being twice read, was agreed to by the Houfe. Ordered, That M"- Attorney do go up to the Council, and acquaint them therewith. Ordered, That a Committee be appointed to proportion the publick Levy, and that it confift of the following Perfons, mz. M"" Cary, M'' Thomas Walker, M'' Read, M'' Upfhaw, M"" Wager and M'' George Mercer. And then the Houfe adjourned until Monday Morning lo "'Clock.

^0rt6a^

Hening, VII,
Ibid..

p. 607.

'

VII, p. 214.

/6td., Ibid.,

VII, p. 570. VII, p. 530.

Ibid., Ibid.,

\ll, -p. 612. VII, p. 607.

Ibid.,

Vll, p. 622.

[^58]
!ftton6aY.
tl)e

20tb of ^December, 3
An Ad'
to veft certain

(Beo.

III.

1762.

AN

engroffed Bill, entitled,

Hubard, and
Refolved,
M''

fettling other

Lands and Slaves

of greater

Lands therein mentioned in James Value in Lien thereof, was

read the third Time.

That the faid Bill do pafs. Wythe do carry up the faid Bill to the Council for their Conciurence. M"^ Cary reported that the Committee appointed had. according to Order, fettled the Proportion of the Country Levy, and Itated the fame in a Book which he delivered in at the Table, where it was read, and agreed to by the Houfe. Ordered, That M"" Cary do carry up the faid Bill to the Council for their Concurrence.
Ordered,

That

An engroffed
of

Bill, entitled

An Ad'

for eftablifhing the

Town of Hanover, in theCounty

Hanover, was read the third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M"" Wythe do carry up the faid Bill to the Council for their Concurrence.

An engroffed Bill, entitled. An Ad^ for further continuing the Ad for reducing the feveral Ads for making Provifion againft Invafions and Infurredions into one Ad, was read
the third Time, and the Blanks therein
Ordered,
filled

up.
faid Bill to the Council for their

That

M''

Attorney do carry

up the

Con-

currence.

from the Committee of Propofitions and Grievances, to whom the Bill For amending and further continuing the Adt for the better regulating and difciplining the Militia was committed, reported that the Committee had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the faid Amendments were again twice read, and agreed to by
M"' Attorney,
;

the Houfe.
Ordered,

That the

Bill

with the Amendments be engroffed, and read a third Time.

An Ad* for enlarging the Town of Peterfburg, and for was read a third Time, and the Blanks therein filled up. other Purpofes Refolved, That the faid Bill do pafs. Ordered, That M"' Fleming do carry up the faid Bill to the Council for their ConAn
engroffed
Bill, entitled.

therein mentioned,

currence.
M''

Legrand, from the Committee to

whom

the Bill For eftablifhing feveral

Ferries

thereto
in

was committed, reported that the faid Committee had made feveral which he read in his Place, and then delivered the Bill with the at the Table, where they were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a
;

new Amendments Amendments


third

Time.

The Order of the Day being read, the Houfe refolved itfelf into a Committee on the For the better and more regular collecting the publick Taxes and after fome Time fpent therein, M'' Speaker refumed the Chair, and M^ Attorney reported that the faid Committee had had the faid Bill under their Confideration, and made feveral Amendments thereto, which they had diredted him to report to the Houfe; and he read the faid Amendments in his Place, and then delivered them in at the Table, where they were again twice read, and agreed to by the Houfe. Ordered, That the faid Bill with the Amendments be engroffed, and read a third Time. A Meffage from the Council was delivered by M' Walthoe.
Bill
;

That they have agreed to the Book of Proportions. That they recede from the Amendment by them made to the Bill, entitled. An A<5ls for infpedling Pork, Beef, Flower, Tar, Pitch and Turpentine, which was difagreed to by this Houfe, and have paffed the Bill without.

That
I '

Hening, VII,
Ibid.,

p. 636.

Ibid., VII, p. 539.


Ibid.,

Ihid.,

VII, p. 570.

VII, p. 601.

VII, p. 602.

159]
An
A<51'

That they have agreed

ment made

Alfo to Purpofes therein mentioned.

oconfirm and eftablifh an Agreebetween James Scott the elder, Clerk, and James Scott, the younger, his Son. the Bill, entitled. An Adl' for enlarging the Town of Peter f burg, and for other
to the Bill, entitled,

Alfo
everal

to the Bill, entitled.

An

Adl* for further continuing the Adt for reducing the


Infurre(5lions into

AAs

for

making Provifion againft Invafions and


Bill, entitled.

one Adl.

Alfo to the of Hanover.

An

A<51* for eftablifliing

the Town oi Hanover, in the County

And
Printer,

that they

have agreed
of this

to the

Refolve of

this

Houfe

for allowing

Jofeph Royle,

jjo

for the Services therein mentioned.

Alfo

to the

Refolve

Houfe

for granting to

James Duncanfon 40 a Year during

his Life, for his Services to his Country.

On a Motion made,
Ordered,
referred to M""

That Leave be given to bring in a Bill For Cary to prepare and bring in the fame.

raifing a publick

Levy, and

it is

M' Cary prefented to the Houfe, according to Order, a Bill For raifing a publick Levy and the fame was read the firft Time, and ordered to be read a fecond Time. The Order of the Day being read, the Houfe refolved itfelf into a Committee on the Bill For eftablifhing quarterly Courts in the feveral Counties of this Colony and after fome Time fpent therein, M' Speaker refumed the Chair, and M"' Attorney reported that they had gone through the faid Bill, but had made no Amendments thereto and the Queftion being put that the faid Bill be engroffed,
;

It paffed in the Negative.

That the faid Bill be rejedled. M"' Cary, from the Committee to whom the Bill To amend the A&. for the better Government of Servants and Slaves was committed, reported that the Committee had made feveral_^ Amendments thereto; which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where they were again twice read, and agreed to
Refolved,

by

the Houfe.
Ordered,

That the

faid Bill

be engroffed, and read a third Time. be added to the Committee appointed to

On a Motion made,
Ordered,

That M' Charles

Carter, Jimior,

prepare an Addrefs to his Majefty. A Bill For paying the Burgeffes

Wages

in

Money
M"'

for this prefent Seffion of


M""

Affembly

was read the fecond Time, and committed to

Cary and

Fleming.

An

engroffed Bill, entitled.

An Ad^

for eftablifhing feveral

new

Ferries,

was read the

third Time.
Refolved,

Ordered,
rence.

That the faid Bill do pafs. That M"' Attorney do carry up the

faid Bill to the Council for their

Concur-

For raifing a publick Levy was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
Bill

Bues6ar.

t^e

2Ut

of '2>ecember.

<5eo.

III.

1762

That the Committee of Corref pondence be diredled to write to and defire that he will Ufe his Endeavours to obtain an A<51 of Parliament for importing Salt from Europe into this Colony. Ordered, That the faid Refolve be engroffed, and that M'' Benjamin Harrifon do carry it up to the Council for their Concturence.
Refolved,

ON
I

a Motion made,
the Agent,

An
Hening, VII,
/6trf.,

p. 630.

Ibid.,
/6irf.,

VII, p. 602.

VII, p. 539. VII, p. 601.

Ibid.,

VII, p. 588.

i6o]

All engroffed Bill, entitled,

vants and Slaves,

An Ad' to amend the Ad for the better Government of Serwas read the third Time, and the Blanks therein filled up; and the

Queftion being put that the faid Bill do pafs, It paffed in the Negative. Refolved, That the faid Bill be rejedled.

An

engroffed Bill, entitled,

An Ad'

for

the better regulating

and That the faid Bill do pafs. Ordered, That M"' Attorney do carry the faid Bill to the Council for their Concurrence. M' Gary, from the Committee to whom the Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, was committed, reported that the Committee had made feveral Amendments thereto which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where they were again twice read, and
difciplining the Militia,
Refolved,
;

amending and further continuing was read the third Time.

the

Ad for

agreed to by the Hovife. Ordered, That the faid Bill with the

Amendments be

engroffed,

and read the third

Time.

An engroffed Bill, entitled, A n Ad^ for raifing a publick Levy,vjas read the third Time Blanks therein filled up. the and Refolved, That the faid Bill do pafs. Ordered, That M' Gary do carry up the faid Bill to the Coimcil for their Concurrence.

An

lick Taxes,

engroffed Bill, entitled. An Ad* for the better and more regular colleding the pubwas read the third Time, and the Blanks therein filled up.
Bill to the Cotmcil for their Concurrence.

Refolved,

That the faid Bill do pafs. Ordered, That M"' Bland do carry up the faid

An

engroffed Bill, entitled,

An Ad^

for

paying the Burgeffes Wages in

Money for

this

prefent Seffion of Affembly, was read the third Time. Refolved, That the faid Bill do pafs.

That M' Gary do carry it up to the Council for their Concurrence. M"' Attorney reported that the Committee appointed had, according to Order, prepared an Addrefs to his Majefty, which he read in his Place, and then delivered in at the Table, where the fame was again twice read, and agreed to. Ordered, That the Committee of Correfpondence be diredted to tranfmit it to the Agent, to be prefented to his Majefty. M' Attorney alfo reported that the faid Committee had, according to Order, prepared an Addrefs to his Majefty in Favour of the Officers of the Virginia Regiment; which he read in his Place, and then delivered in at the Table, where the fame was again read, and agreed to, with fome Amendments. Ordered, That the Committee of Correfpondence be diredled to tranfmit the faid AdOrdered,
drefs to the Agent, to be prefented to his Majefty, together with a Lift of the
of the Officers.

Names

Henry Harrifon, Gentleman, to build a Mill on Willis's Creek, in the County of Gumberland, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill To empower Tenants in Taille to make Leafes for 3 Lives, or 2 1 Years, was read the fecond Time, and committed to M' Benjamin Harrifon, M"' George and James Mercer, M-- Attorney, M^ Bland and M' Wythe. A Bill To amend the feveral A6ts of this Colony for licenfmg Pedlars, and preventing Frauds in the Duties on Skins and Fvirs, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill to relieve fundry Perfons whofe Lands have been injured, by cutting down their Timber to btiild Fort Loudoun, was read the fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time.

Bill

To empower

Garter

A
>

"

Failed to become a law. Hening, VII, p. 534.

"

Ibid., ^Wrf..

VII, p. 543VII, p. 539.

'

^*^-.

VII, p. 596.

i6i ]

A Bill To empower the refpecftive Veftries of the Parifhes of St. Andrew, in the County of Brunfwick, and Frederick, in the Coxinty of Frederick, to fell their Glebe Lands, was read a fecond Time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill To repeal an Adl made in the 22'' Year of his late Majefty's Reign, entitled, An Ad' concerning Strays, and to eftablifh more effedlual Method to prevent frauds committed by perfons taking up strays, was read a fecond time. Ordered, That the faid Bill be engroffed, and read a third Time. A Bill declaring Slaves to be perfonal Eftate, and for other Purpofes therein mentioned, was read the fecond time. Ordered, That the faid Bill be engroffed, and read the third Time. A Meffage from the Council was delivered by M' Walthoe.
That they have agreed
thereof.
to the Bill, entitled,

An

Adl' to veft certain Lands therein men-

tioned in James Hubard, and fettling other Lands and Slaves of greater Value in Lieu

Alfo Alfo

to the Bill, entitled.

to the Bill, entitled.

An An

Adt^ for eftablifhing feveral

new

Ferries.

Adl" for amending and further continuing the Adl for

the better regulating and difciplining the Militia.


lick

Alfo to the Bill, entitled. An Adl? for the better and more regular colledling the pubTaxes, with fame Amendments.

Alfo

to the Bill, entitled.

An

Adl* for the

Payment

of the Burgeffes

Wages

in

Money

for this prefent Seffion of Afiembly.

Alfo to the Bill, entitled. An Adl^ for railing a publick Levy. Alfo to the Bill, entitled, An Adl* to dock the Entail of certain Lands whereof Henry Scarburgh is feized in Fee Simple, and for other Purpofes therein mentioned, without
,

any Amendments.

And
Salt frofn

that they

have agreed

to the

Refolve of this Houfe

relative to the

Importation of

Europe

into this Colony.

The Houfe immediately proceeded


Coimcil to the
Bill, entitled.

to conlider the

Amendments propofed by
therein mentioned in

the

An

Ad") to veft certain

Lands

James

Hubard, and fettling other Lands and Slaves of greater Value in Lieu thereof; and the fame being read, was agreed to. Ordered, That M"' Wythe do go up to the Council, and acquaint them thereof. The Houfe alfo confidered the Amendments propofed by the Council to the Bill, entitled, An Ad^ for eftablifhing feveral new Ferries; and the fame being read, was agreed
to.

Ordered, That M"" Attorney do go up to the Council, and acquaint them thereof. The Houfe aKo confidered the Amendment propofed by the Coimcil to the Bill, entitled, An Ad' for amending and further continuing the Ad for the better regulating and difciplining the Militia; and the fame being read, was agreed to, with Amendments. Ordered, That M' Attorney do go up with a Meffage to the Council, and acquaint them that this Houfe have made fome Amendments by them propofed to the faid Bill,
^

which they defire their Concurrence. The Houfe alfo took into Confideration the Amendments propofed by the Coimcil to the Bill, entitled, Am Ad''' for the better and more regular colleding the publick Taxes; and the fame being read, was agreed to. Ordered, That M'' Bland do go up to the Council, and acquaint them thereof. And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
to

Hening, VI, p. 133. Ibid., VII, p. 636. 3 Ibid., VII, p. 588.


>

4
5
<s

Ibid., Ibid., Ibid.,

VII, p. 534. VII, p. 539. VII, p. 596.

Ibid., ibid., Ibid.,

s
>

VII, p. 543. VII, p. 634. VII, p. 636.

'

"

"

Ibid., VII, p. 588. Ibid., VII, p. 534. Ibid., VII, p. 539.

I62

Xjl>e6iie56a^. t^e

22nb

of ^December. 3 (Beo.

III.

1762.

Benjamin Harrifon, from the Committee to whom the Bill To empower Tenants in Taille to make Leafes for 3 Lives, or 2 1 Years, was referred, reported that the faid Committee had made feveral Amendments to the faid Bill which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where the Amendments were again twice read, and agreed to and the Queftion being put that the faid Bill, with the Amendments, be engroffed, and read a third Time,
;

MR
;

It paffed in the Negative.

Refolved,

That the

faid Bill be reje($led.

An

engroffed

Bill, entitled,

An Ad'

to

repeal an

Ad

made

in the 22^ Year of his late

Majeftv's Reign, entitled. An Ad concerning Strays, and to eftablifha more effedual Method to prevent Frauds committed by Perfons taking up Strays, was read the third Time, and

the Blanks therein


Refolved,

filled

up.
faid Bill to the Council for their Concur-

That the Bill do pafs. Ordered, That M"" Attorney do carry up the
rence.

An
to build

engroffed Bill, entitled.

An Ad'

a Mill on Willis's Creek, in the

empower Carter Henry ila.rnon, Gentleman, County of Cumberland, was read the third Time,
to

and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M' Attorney do carry the

faid

BiU to the Coimcil

for their Conctirrence.

An
other

engroffed Bill, entitled.

An Ad^

declaring Slaves to be perfonal Eftate,

and

for

Purpofes therein mentioned, was read the third Time.


Refolved,

Ordered,
rence.

That the faid Bill do pafs. That M'' Attorney do carry up the faid
Bill, entitled.

Bill to

the Coimcil for their Concur-

ony

An Ad* to amend the feveral Ads of Affembly of this Coland preventing Frauds in the Duties on Skins and Furs, was read the third Time, and the Blanks therein filled up. Refolved, That the faid Bill do pafs. Ordered, That M"' Benjamin Harrifon do carry up the faid Bill to the Council for
An engroffed
for licenfing Pedlars,

their Concurrence.

An

engroffed

Bill, entitled,

AnAd^
to

to relieve

injured by cutting down their Timber

build Fort

fundry Perfons who fe lands have been Loudotm, was read a third Time, and

the Blanks therein


Refolved,

filled

up.
faid Bill to the Council for their

That the faid Bill do pafs. Ordered, That M"' George Mercer do carry up the
Concurrence. An engroffed
of St.
Bill, entitled.

An Ad^

Andrew, in

the

County of

empower the refpedive Veftries of the Parifhes Brunfwick, and Frederick, in the County of Frederick,
to

was read the third Time. That the faid Bill do pafs. Ordered, That M'' Bland do carry up the faid Bill to the Council for their Concurrence. M' Speaker informed the Hotife he had juft received a Letter from Colonel Stephen, returning Thanks, with the Officers of the late Regiment, for the Favours received from this Houfe and he delivered it in at the Table, where it was read, and is as follows
to fell their

Glebe Lands,

Refolved,

Sir,

My Rutherford favoured me with


ner in which the

the agreeable
to

A ffembly has
of the

been pleafed

Information of the very handfome Manacknowledge the Services of the late Regiment,

and

of the extreme genteel Gratuity voted to the Officers:

with indelible
Hening, VII.
Ibid.,

Marks

This has impreffed their Hearts moft genuine Gratitude, and they unite with me in begging you
will

>

VII,

p. 545p. 626.

'

Not in Hening. Hening, VII. p. 585.

Not

Hening. Hening, VII, p. 617.


in

i63

]
to that

will be pleafed to return our moft unfeigned


osity to

Thanks

auguft Body,
tlieir

us can only be equalled by the


beg leave. Sir,
to

polite

Manner

in which

whofe Generrepeated Favour were

conferred.

We

affure you, and the refpedable Gentlemen of the Houfe, that no

Diftances of Time can ever efface or diminifh the high Senfe we entertain of your Goodnefs; to merit which will be an invariable Objed of our Care and Ambition: This, in Cafe of

any
the

future Commotions,
to

we

unll cherfully evince, by the moft fpirited Exertion of our beft

Endeavours

>naintain the

Honour and Safety

of the Colony,

which we have fo long had


moft perfed

Honour

to ferve.
to

Permit me. Sir,


Deference, Sir,

fubfcribe myfelf, in the

Name

of the Corps, with the

Your moft obliged and moft Humble Servant,


Frederick fburg,
Dec. 10, 1762.

ADAM STEPHEN.
Walthoe.

A Meffage from the Council by M'


That they have agreed
to the Bill, entitled,
to the

An Adl

for

Amendments made by this Houfe to their Amendments amending and further continuing the Adl for the better
Adl to

regvilating

and

difciplining the Militia.

Alfo
to
fell

to the "QiW, entitled,

An

empower the

refpedlive Veftries of the Parifhes


in the

of St. Andrew, in the

County

of Brunfwick,

and Frederick,

County

of Frederick,

their Glebe Lands.


A<$l3

Alfo to the Bill, entitled. An Purpofes therein mentioned.

declaring Slaves to be perfonal Eftate,

and for other

Alfo to the Bill, entitled. An Adl* to repeal an Adl made in the 22"^ Year of his late Majefty's Reign, entitled, An Adl concerning Strays, and to eftablifh a more efifedlual Method to prevent Frauds committed by Perfons taking up Strays.

Alfo to the Bill, entitled, An Adl* to empower Carter Henry Harrifcm, Gentleman, to build a Mill on Willir's Creek, in the Cotmty of Cumberland. Alfo to the Bill, entitled. An Adl* to amend the feveral Adls of Affembly of this Colony
for licenling Pedlars,

And then

the

and preventing Frauds in the Duties on Skins and Furs. Houfe adjourned until Tomorrow Morning 10 ''Clock.

I3burs6ar. t^e 23r6 of December, 3 <Beo.

III.

1762.

James Atherton, Thomas Jones, Sen. Thomas John Davis, Stephen Fafter, Bryan, William Shae, John Peal, Thmnas Buckmafter and John Archer, fetting forth that they have been fome Time employed as Guardmen over the Magazine in the City of Williamfburg, and hope they have difcharged their Duty faithfully, during all which Time they were exempt from muttering with the Militia, or finding Arms, but now being difcontinued are obliged to enlift in the Militia, and find proper Arms that they are very poor Men, and not able to fpare fo much from the Maintenance of their refpedlive Families as will purchafe fuitable Arms for muftering and praying that they
Jones,

Petition of Michael M'Carty,

Jtm. John

Connelly,

may be permitted

to keep the

Arms they made Ufe

of

which they promife fhall be always ready for the whenever Occafion may require, was prefented to the Houfe and read being put that the faid Petition be referred to a Committee,
It

when they guarded the Magazine, Service of their King and Coimtry,
;

and the Queftion

paffed in the Negative.

Refolved,

That the

faid Bill

be rejedled.
Refolved

On

a Motion made,
p. 534.
3

Hening, VII,
Ibid.,

'

VII, p. 617.

Hening. Hening, VII, p. 545.


in

Not

Ibid., VII, p. 626. Ibid., VII, p. 585.


s

i64]
when
the Houfe fhall be

Refolved,

That the Speaker be

diredled,

to attend him be pleafed not to lay an Embargo on Com. M"" Fleming reported that the Committee appointed had, according to Order, examined the enrolled Bills and Refolves, and re<$lified fuch Miftakes as were found therein; and that they were truly enrolled. Ordered, That M' Fleming do carry them up to the Cotmcil, for their Infpe<5lion. A Meffage from the Council by M' Walthoe.

the

Govemour

with the enrolled Bills for his Affent, to defire his

commanded by Honour

will

That they have infpeded the enrolled Bills and Refolves, and are
truly enrolled.

fatiffied they are

A
"

Meffage from the Council by M' Walthoe.

lu

M'^ Speaker,

The Govemour commands the immediate Attendance of your Houfe tn the Council " Chamber, and that you bring with you fuch Bills a-nd Refolves as are ready for his Affent.

W Speaker with
was
their Privileges,
2.
^

the Hoiife went

up accordingly, and

his

Honour the Govemour

pleafed to give his Affent to the following publick and private Bills /. An Ad' for directing and better regulating the Eledions of Burgeffes, for fettling

and for afcertaining their Allowances. For further amending and further continuing the Ad for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms. iFor amending and further continuing the Ad for the better regulating and difciplinJ.
4.

ing the Militia.

*For further continuing the Ad for reducing the feveral Ads for tnaking Provifions againft Invafions and Infurredions into one Ad. 5. ^For the better and more regular colleding the publick Taxes.

^For raifing a publick Levy. 22' Year of his late Majefty's Reign, entitled. An Ad 7. 7 To repeal an Ad made in the concerning Strays, and to eftablifh a more effedual Method to prevent Frauds committed
6.

by Perfons taking up Strays.


8.

'For Relief
9
'

of infolvent Debtors, for the effedual

Difcovery and more equal Diftri-

bution of their Eftates.


g.

To amend

the

Ad for encouraging Arts and Manufadures.

10.

11. 12.

'

For infpeding Pork, Beef, Flower, Tar, Pitch and Turpentine. 'For regulating the Gold Coin of the Gernmn Empire. ''For the more effedual keeping the publick Roads and Bridges in Repair.
'3

and regulating their Fees. of Affembly of this Colony for licenfing Pedlars, and 14. Skins and Furs. Duties on preventing Frauds in the I. '^For eftablifhing feveral new Ferries. 16. '''To amend the Ad entitled, An Ad to oblige the Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned to make Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein mentioned. 7 For difpofing of the publick Stores of Gunpowder in the Magazine in the City of 77.
I J.

For

eftablifhing Pilots,
the feveral

'*To amend

Ads

'

Williamfburg. 18. '^To ametui an Ad,

entitled.

An Ad

for regulating Ordinaries,

and Reftraint

of

Tippling Houfes. IQ. ">For eftablifhing the


20.
'

For eftablifhing

the

Town of Charlotte fville, in the County of Albemarle. Town of Romney, in the County of Hampfhire, and for other
For

Purpofes therein tnentioned.


I

Hening, VII,

p. 517.

Ibid., VII, p. 530. Ibid VII, p. 534. 4 Ibid VII, p. 539.


3 s

Ibid

VII p 539.

Ibid., ' Ibid., Ibid., Ibid.. " Ibid.,

VII, p. VII, p. VII, p. VII, p. Vll. p.

543S4S549. 563. S7o.

"

" " >


's

Ibid., Ibid.. Ibid., Ibid., /Wrf.,

VII, p. VII, p. VII, p. VII, p. VII, p.

575. 577. 580. 585. ^88.