Documenting the American South Logo
Colonial and State Records of North Carolina
Minutes of the North Carolina Governor's Council
North Carolina. Council
June 28, 1766
Volume 07, Pages 225-232

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

——June 1766

Ordered by His Excellency the Governor that the following Proclamation be recorded Viz.

North Carolina—ss.
By His Excellency William Tryon Esquire A Proclamation

Whereas a petition has been presented to me from the Inhabitants of the Town and neighborhood of Newbern setting forth that the great quantity of corn exported from that port to the Northern Colonies and Wt India Islands is likely to make that Grain a scarce commodity in those parts, and unless timely prevented will manifestly distress the poor and labouring people in General that reside in that and the adjacent Counties.

I therefore think proper by and with the consent of His Majesty's Council to prohibit the exportation of Indian Corn from the Rivers Neuse and Trent from the tenth day of April next, until the end of the next Session of Assembly, And I do strictly forbid all planters merchants and Masters of Vessels from loading or receiving on board any Indian Corn for exportation from the said Rivers during the time aforesaid, as they shall answer the same at their Peril

Given under my hand and the Great Seal &c, at Brunswick the 26 day of March 1766. &c

-------------------- page 226 --------------------

His Excellency the Governor with the consent of His Majesty's Council also issued a proclamation in the same form to prevent the Exportation of Indian Corn from any of the Ports or Rivers to the Southward of the Rivers Neuse and Trent from the 15 day of this Inst April, until the end of the next Session of Assembly

Dated at Brunswick the ninth day of April Anno Dom 1766—

Ordered by His Excellency the Governor the following proclamation be recorded Vizt

North Carolina—ss.
By His Excellency William Tryon Esq, Capt General, Governor &c, &c, A Proclamation.

Whereas general complaint has been made to me of the very great scarcity of grain and other provisions in this and the neighbouring Counties and several representations laid before me of the present distress of many Families Inhabitants of the said Counties from the want of the necessaries of life I do therefore with the consent of His Majestys Council hereby prohibit the exportation of any Indian Corn, Wheat, Flour, Rice, Pease or any Species of Grain, Corn or Pulse whatever from the port or river of Cape Fear to any Colony or Port whatsoever, or to any other port or river within this Province, such quantity of Grain or other provisions before enumerated only excepted, as shall upon the Oath of the Master or Masters of such Vessells departing this Port be deemed sufficient for the use and consumption of such Vessells during their next intended voyage

I do also with the consent of His Majestys Council hereby Order that no Vessell or Vessells which shall have before the issuing of this Proclamation received on Board any quantity of the Articles by this proclamation before prohibited from exportation such quantity only excepted as shall upon the Oath of the Master or Masters of such Vessells be declared to be no more than sufficient for the use of the said Vessell or Vessells during their intended Voyage shall leave or depart from the said port of Cape Fear 'till all such Grain more than sufficient for the last mentioned use and consumption shall be unshiped and secured from exportation, and I do hereby Order that this Embargo and prohibition shall be and continue from the date hereof to the fifteenth day of October next; and all

-------------------- page 227 --------------------
persons concerned are hereby required to conform thereto as they will answer the Contrary at their peril.

Given under my hand and the Great Seal &c, at Brunswick the ninth day of June Anno Dom 1766.


At a Council held at Brunswick 28th of June 1766
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherfurd Esquire
The Honble Lewis Henry DeRosset Esquire
The Honble Robert Palmer Esquire
The Honble Benjamin Heron Esquire

His Excellency communicated to this Board the following instructions to wit, from No 1 to 38 inclusive and from No 42 to 50 inclusive and No 52, 53, 56, & 57, 68 and 71, 77 & 78 & 93, 95, 96, 97, & 98 and 109, 110 and 111. and His Excellency was pleased to Order the 11th & 24th Articles of the said Instructions should be entered in the Council Journals Vizt

Inst 11th And—Whereas we are sensible that effectual care ought to be taken to oblige the Members of our said Council to a due attendance thereon in order to prevent the many inconveniences that may happen for want of a Quorum of the Council to Transact Business as occasion may require; It is our Will and Pleasure that if any of the Members of our said Council residing in the province shall hereafter Absent themselves from our province and continue absent above the space of Twelve months together without leave from you, or from our Governor & Commander in Chief of our said Province for the time being first obtained under your or his Hand and seal or shall remain Absent for the space of two years successively without our leave given them under our royal Sign Manuel, their place or places in our said Council shall immediately thereupon become Void. And if any of our Members of our said Council residing in our said Province, shall wilfully absent themselves hereafter from the Council Board, when duly summoned without a Just and Lawful cause and shall persist therein after Admonition, you suspend the said Councellors so absenting themselves till our further Pleasure be known, giving timely notice of our Commissioners for Trade and Plantations in Order to be laid before us, and we do hereby Will and require you that this our Royal Pleasure be signified

-------------------- page 228 --------------------
to the several Members of our said Council, and that it be entered in the Council Books of our said Province as a Standing Rule.

Inst 24. Whereas several inconveniences have arisen to our Governments in the Plantations by Gifts and Presents made to the Governors by the General Assembly, for the prevention thereof for the future, It is our express Will and Pleasure, that neither you the Governor, nor any Governor Lieut Governor Commander in Chief, or President of the Council of our said Province of North Carolina for the time being do give your or their consent to the passing of any Laws or Acts, for any Gift or Present to be made to you or them by the Assembly and that neither you nor they do receive any gift or present from the Assembly or others on any account or in any manner whatsoever upon pain of our highest displeasure and of being recalled from that Government.

Then His Excellency laid before this Board in pursuance of the 71st Article of His Instructions the plan of a certain Tract of Land joining Fort Johnston, which He recommended to the Council to have obtained for the advantage of His Majestys said Fort It appearing that the whole or the greater part of the said Land had been granted to one Joseph Sherbourne the 11th May 1735, and no quit rents having been paid for the same from the date of the said patent, It is the opinion of this Board that the Receiver General do take such lawful measures as may be necessary to secure the said Land for the use of the said Fort.

And His Excellency communicated to this Board letters of Correspondence on Indian Affairs from Mr Stuart Superintendant for the Southern District with respect to a boundary line, between this province and the Hunting Grounds claimed by the Cherokee Indians. And it is the opinion of the Board, that His Excellency direct the surveyor General by himself or his deputies to run such lines as the Governor shall think proper to quiet the Indians, and secure the Western Inhabitants in their Legal possessions, And as there is no fund appropriated for this contingency and that the service may not be impeded it is also the opinion of this Board, that the Governor may issue His warrants to the Receiver General of His Majesty's Quit Rents for such sums of money as may be found necessary to carry the above service into execution, and that upon the meeting

-------------------- page 229 --------------------
of the Assembly, application be made to reimburse the sums so drawn for.

The memorial of John Rutherfurd Esq His Majesty's Receiver General having been read in the Council in the following words,—

North Carolina.
To His Excellency William Tryon Esq Captain General and Governor in Chief in and over said Province. The Memorial of John Rutherfurd His Majesty's Recr General of said Province, Humbly Sheweth,

That in the year 1758 the late Right Honble Henry Bilson Legg, then Chancellor of the Exchequer and who in the absence of His Grace the Duke of New Castle then presided at the Board of Treasury was pleased to require of Your Mem. to form and make out a Rent Roll of all Lands holden under Grants in His Majesty's Districts in this Province for which Service He was pleased to say Your Mem. should be allowed in His Accts with the Crown for his Expenses and trouble.

Your Mem in obedience to the said Command from materials then in his possession. from extracts out of the Secretarys Office, and from the registers Offices in the different Counties in His Majesty's district, for which your Memo having paid the Clerks and Registerers agreeable to the Orders of His late Excellency in Council also for the expence of books and papers from England without including for his own personal expences and trouble He has expended the sum of six hundred and thirty eight pounds three shillings and six pence currency.

Your Memr further begs leave to inform Your Excellency that he has been employd since the year 1761 in forming the said Rent Roll in 14 Vols folio, and two other small folios, which not only contain the whole of the Lands in His Majesty's district to be found upon record but also all the conveyances from one person to another for upwards of Fifty Years past, and tho' it cannot be said these books contain an exact Rent Roll, occasioned by the loss of some records, neglects of former provincial Secretarys, uncertain bounds of County Lines, Neglect of Owners of Lands in not recording their Conveyances, and the impossibility of finding out what Quit Rents had been paid before the Year 1749.

-------------------- page 230 --------------------

These Books however, if the Grants and Conveyances continue to be yearly posted up will exhibit an exact Rent Roll, as the persons in possession of Lands must be under the necessity of either paying from the dates of their grants or produce former receipts. The whole of what is now His Majesty's district of this province was formerly comprehended in one County under the name of Bath County and which has since at different periods been subdivided into 16 different Counties; Your Excellency can very well judge of the difficulty Your Memr has had to arrange the Lands in their proper Counties by reason of the vague manner of description of lands in former times. Your Mem hopes your Excellencys approbation to state in his Accounts as a reasonable charge for this service the sum of one thousand pounds currency besides the sum of six hundred and thirty eight pounds three shillings and six pence for his expences in forming and making out the said Rent Roll, which he flatters himself will be of great service for the finding out and ascertaining His Majestys Revenues in this province and which never could heretofore be obtained thro' means of any Provincial Assembly and hitherto deemed otherwise impossible to be got accomplished.

Your Memo therefore prays for Your Excellencys recommendation to the Right Honorable The Lords Commissioners of His Majestys Treasury for the final allowance of such charges in Your Memo Accounts with the Crown, and as in Duty bound will every pray.


N Carolina
Dated June 23 1766.

His Excellency recommended the consideration thereof to this Board and the D. Auditor having declared to the Board, that the charge therein mentioned was no more than a reasonable one for the services therein mentioned—It is unanimous opinion of the Board that His Excellency recommend to the Right Honble the Lords Commissioners of His Majestys Treasury the allowance thereof.

His Excellency communicated to this Board the 50th Article of his Instructions of Exorbitant Fees being taken in the publick Offices in the Colony.—Ordered that a Proclamation issue Accordingly.

-------------------- page 231 --------------------

North Carolina.

George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth.

Whereas Complaints have been made to us that Exorbitant Fees have been demanded and taken in the several publick Offices in our Colonies to the great dishonour of Our Service and the prejudice of the publick Interests.

We do hereby strictly enjoin and require all publick Officers whatever in their respective Stations throughout this province, not to demand or receive any other Fees for publick business transacted in their Offices, than what are established by proper Authority; upon pain of being removed from their said Offices, and prosecuted with the utmost severity of the Law.

Witness Our Trusty and Well beloved William Tryon Esq, Our Captain, General & Governor in Chief in and over said Province, at Brunswick the 25th day of June 1766, and in the sixth year of Our Reign.

Benjamin Heron Secy
God Save the King.

His Excellency communicated to this Board a letter from Mr Secretary Conway dated the 31st day of March inclosing two Acts of Parliament just passed—The first for securing the just dependency of the Colonies on the Mother Country, And the second for the repeal of the act of the last Session of Parliament granting certain Stamp Duties in America together with the Resolutions of the House of Commons Transmitted to be laid before the Assembly of this Province.

Then His Excellency took the Opinion of the Council, whether the present circumstances of the Country required a more immediate meeting of the Assembly than the 30th of October to which time it now stands prorogued. The same being taken into proper consideration they are of unanimous opinion that the hot and unhealthy season of the year and the extraordinary want of Provisions may prevent a great Number of the Members from attending who are necessarily occupied on their plantations and therefore tis their advice and Opinion as the Country is now in perfect tranquility, and best for his Majestys service and the good of the Province that the Assembly should meet at the time to which it stands prorogued.

-------------------- page 232 --------------------

Ordered—That a proclamation issue to notify the repeal of the Stamp Act that business may proceed in the usual course

North Carolina
By His Excelly William Tryon Esq. &c. &c.

Whereas an authentick account has been transmitted to me of the repeal of the Act of Parliament granting certain Stamp Dutys in America.

I do hereby with the Advice and consent of His Majestys Council issue Proclamation, to notify the same that publick business may be carried on as usual and that the Inhabitants of this province may return to that chearful obedience to the Laws and Legislative authority of Great Britain, On which the future happiness and prosperity of the Colonies so greatly depend.

Given under my hand and the Great Seal &c. at Brunswick this 25th day of June 1766, and in the sixth year of His Majestys Reign.

Benjamin Heron. Secy

Ordered, That the Secretary enter the Minutes of the Council in a fair Folio Book to be produced in Council whenever the Board sits—And the Minutes of the preceding sitting to be read before the Board enters upon Business.