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Colonial and State Records of North Carolina
Minutes of the North Carolina Governor's Council
North Carolina. Council
April 23, 1774
Volume 09, Pages 981-983

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

At a Council held at New Bern 23d April 1774.
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire &
The Honble Samuel Cornell Esquire
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His Excellency desired the advice of the Council as to the measures proper to be taken with certain persons from this province who have settled on the Cherokee lands and who, it is represented by His Majesty's Superintendant of Indian Affairs, have given umbrage to those people, and may probably involve this Province in a war with them.

This Board recommended to His Excellency to issue a proclamation strictly requiring the people who have settled beyond the Indian Line to remove themselves forthwith, or they must expect no protection from this Government.

North Carolina—Ss.

By His Excellency Josiah Martin, Esq., Governor, &c.

A Proclamation.

Whereas it hath been represented to me by John Stewart, Esquire, His Majesty's Superintendant of Indian Affairs, that sundry persons supposed to be Emigrants from this Province had settled on the Cherokee Lands, in violation of the most solemn Treaties, which had given just umbrage to the said Indians, and may be attended with the most fatal consequences; I have therefore thought fit, by and with the advice and consent of His Majesty's Council, to issue this Proclamation, hereby strictly enjoining and requiring the said settlers immediately to retire from the Indian Territories, otherwise they are to expect no protection from His Majesty's Government.

Given, &c., 25th April 1774.

God save the King.

His Excellency laid before the Board a resolution of the Lower House of Assembly to discontinue the collection of the one shilling poll tax, and the duty of 4d per gallon on rum, wine and other spiritous liquors imposed by a Law still existing, and which hath not had its effect. The Board were of opinion that His Excellency should issue a Proclamation to enforce the collection of the said Tax and duties according to Law, requiring the Sheriffs to receive it on pain of having their Bonds put in suit against them.

North Carolina—Ss.

A Proclamation.

This proclamation is verbatim with the one issued the 29th January, 1772, except this alteration—(And whereas the late Assembly

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by a resolve of the 24th of March last, have directed the Treasurers of the Province to order the Collectors of the said Poll Tax and duties to discontinue the Receipt of them for the future, asserting that the above recited Law has had its effect, altho' it is notorious that the money arising, &c.)

Dated 26th of April, 1774.

God save the King.

His Excellency observed to the Board that the time expressed in the Law for the County Court to recommend proper persons for the Sheriff's Office would in several Counties expire before their respective Courts could be held, and desired their Opinion whether in that case he could legally appoint Sheriffs for such Counties.

The Board were unanimously of opinion that His Excellency had power so to do.

The Members of His Majesty's Council here present qualified to a General Commission of the Peace.