USA > North Carolina > The history of North Carolina from the earliest period, Volume II > Part 10
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They praised the governor's moderation and wish to avoid burdening their constituents, but ex- pressed their inability to conceive, that the propos- ed plan of drawing bills could be executed, as the money already, allotted to the province out of the first parliamentary grant, was by law appropriated towards erecting public building and the residue to
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other purposes, by various orders and resolves. They flattered themselves, that had they been so fortunate, as to have had the concurrence of the other branches of the legislature, in passing a law, more than once attempted, for appointing an agent, in London, who might have produced proper docu- ments of the disbursements of the province, and represented the duty and loyalty of the people, considering their circumstances, in their true and proper lights to the king's ministers, the province might have participated in the first grant of £200,- 000 to the American provinces, out of which, the province of Virginia had received £20,546, exclu- sive of £32.268 19, her proportion of the second grant of £50,000, while the whole sum, coming to the province, was no more than £7,789 1l, and even out of this sum the house was now informed of a demand of one thousand pound sterling, advanc- ed by lord Loudon and governor Shirley, to pay the troops of the province, at New-York, notwithstand- ing the assembly had raised a fund, sufficient for that service: the house could not therefore withhold their opinion that the small part of the royal bounty, coming to the province, was apparently owing to the absence of an agent to represent their dutiful behavior to the king and his ministers.
They lamented the indispensable necessity in which they found themselves, the extraordinary charges of the war having exhausted the resources of the province, to postpone the consideration of premiums on hemp and flax, to a more favorable day.
They declared their conviction, that the prerogative of the crown and the just rights of the assembly could
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well, and ought to subsist, inseparably together, and that whoever would attempt to divide them ought to be deemed an enemy to both, the prerogative of the crown being, in their apprehension, exerted solely for the ease and benefit of the people; they were unconscious of hav- ing ever attempted to invade it, although the governor in his speech, at the last sessions, and his reference to the resolution of parliament, which he had sent to them, seemed to charge the house with it. They were sorry to say that, they had been unfairly and unkindly repre- sented at home, as the assembly had never arrogated to themselves the powers, stated in the resolution of parliament to have been claimed by the assembly of Jamaica.
In his answer to this address, governor Dobbs said, he must differ from the house, either as to the province having no proper agents in London, the lords of the treasury having accepted of the nomination both of the council and assembly, though of a distinct person, or as to the disposal of the balance of the £7,000, after Mr. Abercrombie had paid himself the sum that the house had allowed him, and they had it in their power to have a proper aid bill to repeal any former application and to apply it, for the future, to the use of the province, when no part had been applied in pursuance of their former resolutions.
He expressed his hope that the house, adhering to their loyal professions of uniting the king's prerogatives and the rights of the assemby, would put no tack to the aid bill, as had been formerly attempted, and thus disabling him from the power of assenting to it.
An act was passed to regulate the elections of mem- bers of assembly. The freeholders, to whom the right
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of suffrage was exclusively granted, were required to exercise it viva voce.
The county of Beaufort was divided, and the upper part of it was erected into a separate county, to which the name of Pitt was given, in compliment to a minister, dear to the American people. The late division of the county of Edgecombe having left Enfield the place at which the public business of that county was transacted, in a remote corner of it, a more central spot was cho- sen and a town erected on it, to which the name of Tar- borough was given, from the river which washes it. With a view to forward the erection of churches in the towns of Wilmington and Brunswick, the legislature at this session, first countenanced the mode of raising mo- ney by a lottery.
In framing the aid bill, the lower house again inserted a clause, appointing Anthony Bacon agent of the pro- vince, for the purpose of representing to the king and his ministers their dutiful and loyal behavior, and to lay before them proper documents of the expenses the province had been at in carrying on the war against the king's enemies in America, the upper house, on read- ing the bill for the third time, made an unsuccessful attempt to obtain the striking of that clause out of the bill. As soon as it had passed the houses, the assembly addressed the governor for his assent, representing the bill as of the utmost consequence to the province and the adjacent ones, in the reduction of the Cherokees, whom they had reason to believe were encouraged in their depredations by the artful insinuations of the French, who, drove out of their possessions in Canada, were, as their last effort, making an attempt on the sou-
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thern provinces, the most vulnerable part of the British empire in America.
No answer was given to this address; the governor re- jected the bill and prorogued the legislature for a day.
In meeting them again, the governor addressed him- self to the lower house only. He said he had prorogu- ed the legislature with a view of giving the house an op- portunity, in a new session to reconsider the rejected aid bill, that, if they chose to rid it from the exceptiona- ble and foreign clause, they might perfect and render it serviceable to their king and country; but, in case they persisted, he might put an end to their further attend- ance, and their constituents might see, that their real in- tention was not to pass an aid bill, but to force an agent upon him and the upper house, whom that body had twice rejected, after he had publicly declared he would concur in the appointment of any other person.
The house, on their return, entered into resolutions, asserting their inherent and undoubted right, to no- minate an agent for the province: and that the ap- pointment is not inconsistent with the king's service, although made in an aid bill.
In their address they bewailed, that the king's service, in the intended expedition against the Cherokees, should be frustrated, by what appeared to be only some private resentment of the governor against Anthony Bacon : they observed, it was a matter of small concern to the king or his ministers, whether Anthony Bacon, or any other man, was appointed agent of the province, provi- ded the house granted such assistance to the common cause, as the indigent circumstances of their constitu- ents admitted. This had been attempted to be done, by the bill which he had rejected. Five hundred men, the
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largest number during his administration, had been granted, and the pecuniary aid exceeded, also, any voted during the war, because the house conceived the present the most critical juncture.
They concluded by assuring the governor, that 'their adherence to the person they had chosen, proceeded only from a desire of avoiding inconsistency : having, hith- erto, displaced James Abercormbe, on the intimation, that he was not pleasing to the other house, and, if they now abandoned Anthony Bacon, who had been nominated by the solemn resolution of the fullest house ever known in the province, no gentleman of charac- ter would ever accept an appointment from a body of men, so inconsistent and trifling.
The house next came to a resolution, that, on the fai- lure of the aid, the governor might have power to raise a company, for the garrisoning of the forts of the pro- vince, and made provision for their enlistment, pay and support.
Governor Dobbs received the address of the house, in sullen silence.
A curious expedient was resortedto, with a view of holding out to the governor the opportunity of accept- ing the aid, with some appearance of persisting in his determination of rejecting an aid bill, with any clause not strictly relating to the aid. A bill was framed for the appointment of an agent, and to it, a clause was tacked, granting an aid. The old bill was inverted, and in this form passed both houses, and the upper house concurred with the provisional resolve.
The governor, as soon as he heard of the bill having passed both houses, issued his proclamation dissolving the assembly.
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Apprehensive that this exercise of the royal preroga- tive, might be attributed to a desire of revenge, excited by the complaints against his administration, which the assembly had transmitted to their agent, in order to their being laid at the foot of the throne, governor Dobbs entered, on the journal of the council, the mo- tives that had governed, or the pretences by which he wished to palliate, his conduct.
These were, the admission of a member to sit and vote, without his having been chosen in pursuance of the king's writ; the expulsion of another without a hearing ; the refusal of opening the door of the house to receive a message from him, while tho committee of se- crecy was sitting ; the concealment, for several days, of the proceedings of that committee ; the appointment of Anthony Bacon as agent, with a salary, by the lower house; their refusal to proceed to business, with the number of members prescribed by the king's instruc- tions; the great influence of the speaker, S. Swann, improperly exerted, in debating, from the chair, often, after a division, putting the question again, in a different manner, and thus, sometimes obtaining a different deter- mination.
Stephen Dewey, the member of the town of Halifax, was the person alluded to in the first motive. His towns- men claimed the right of being represented, under the act of 1715, and insisted that they needed not the gover- nor's writ to exercise it. Francis Brown, one of the members of the county of Perquimans, was the person alluded to as expelled, without a hearing. The house, on the report of the committee of elections, had deter- mined that he was ineligible.
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The conduct of governor Dobbs, in rejecting the aid bill, was highly disapproved of, and the lords commis- sioners of trade and plantations, expressed to him the great concern which they felt, that the king's ser- vice had been so greatly obstructed, and the province of South Carolina deprived of the assistance which, in her distressful situation, she had a right to expect from her neighbors, by unfortunate and ill-timed disputes, be- tween the branches of the legislature, upon questions of mere speculative polity, too tatvial, at almost any time, to deserve consideration, and improperly drawn into discussion, at a time when the united efforts of the king's subjects were so essential to their own security, and the general interest of the community.
They said it was not the part of the crown, either in point of right or propriety, to interfere in the nomina- tion of an agent, su far as to the choice of the person; and the representatives were free to choose whom they thought fit, to act in what concerns the affairs of the pro- vince, with whom they and the council alone could cor- respond; the governor being restrained by his instruc- tions, from cortesponding upon matters of a public na- ture, relating to his government, with any other persons than the servants of the crown, in whose department the affairs of America were placed.
They added, that the only point in which a governor might interfere with propriety, was on the mode of the appointment, and although they deemed the attempt of the lower house, to name the agent in the aid bill, was irregular and improper; yet, considering the necessity there was of some supply to answer the exigency of the service, in the calamitous state of the southern provinces,
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the objection appeared too trivial, to have been admitted as a reason for rejecting the supply ; and, at the same time, rejecting the mutual benefit, which both the crown and the subject in North Carolina, would derive from the province, having an agent in England. duly authorized to answer upon all such matters as might occur, relative to her affairs.
The refusal of the lower house to proceed, without a majority of the whole, was considered, in England, as an unreasonable and indecent opposition to the will of the crown, communicated, in the king's instructions, to the governor. The practice was considered as incon- sistent, with that which prevailed in the mother coun- try, and as affording a favorable opportunity to design- ing men, to obstruct the king's service; and it was deem- ed preposterous to defend it, on principles laid down in charters, granted in times to which. of all others, one would least of all appeal for their constitutional principles.
The pretentions of the house, as to the mode of pass- ing the public accounts, was deemed, not only highly derogatory to the honor of the crown, but subversive of every principle of policy which the wisdom of parlia- ment, at home, had prescribed, by numberless laws, for the security of the subject. The king's instructions, by which the mode of passing public accounts was di- rected, were said to be founded upon the principles and practice of the mother country, to which the constitu- tions of the colonies were to assimilate, as nearly as their different circumstances would admit ; and no part of the British constitution, was thought more closely adapted to the situation of the colonies, than those forms which took place in granting and issuing public money, and passing the public accounts; under the observance of
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which, the subject was deemed to have that security, which he could not have under any other, that the taxes levied upon him by the authority of the legislature, were equally and justly laid, and the money faithfully ap- plied to the 'service for which it was granted; while, if forms and checks attendant upon them, were set aside, that security would cease, and a door would be opened to every species of fraud and corruption, in the persons intrusted with public money.
It was said to be a subject of concern, that the colo- nies had been so long indulged in methods of granting, issuing and accounting for public money, very different from the practice of the mother country ; and, it was hoped, that the lower house, convinced of the unreason- ableness of their claim in these two instances, might, in future, show more proper regard to those determinations of the royal will, so apparently founded on considerations of public benefit and convenience, and the tenderest re- gard to the rights, interest and welfare of the subject.
In the beginning of February, accounts reached the province of the demise of the king, which had happened at Kensington, on the 5th of October. On the 6th of that month, George III. was proclaimed at Brunswick, in presence of governor Dobbs, the members of the council, and a number of the principal inhabitants and planters, as "the person to whom the supreme dominion and the sovereign right of the province of North Caro- lina, and all the other provinces of his late majesty, in America, were solely and rightfully come."
The assembly, which had been elected soon after the dissolution of the legislative body, being itself dissolved by the king's demise, new writs of election were issued immediately after the proclamation of the new sovereign.
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Governor Dobbs received information from Sir Jeffry Amherst, that the minister had apprised him of the king's intention of continuing the war with vigour in America, to drive the French from the continent, and that he had room to believe the governor would soon receive orders, as well as the chief magistrates of the other provinces, to raise forces to finish the plan of the war.
The legislature met at Wilmington, on the last day of March. After announcing to the houses the demise of their late monarch, the accession of his grandson, and the object for which they were called together, the governor informed them he had not received any des- patch from the minister, but he had within a few hours been apprised, that Sir Jeffry had received orders about the operations intended to be undertaken during the next campaign ; and as it was then too late to raise any forces to march against the Cherokees, he had only to recommend to their attention the internal concerns and improvement of the province, and would communicate any order he might receive during the session.
After the complimentary expressions of condolence and congratulation which circumstances called for, the lower house observed, that the aid for which they were likely to be called upon, would have been happily anti- cipated, had the aid bill which the two houses had passed at the last session, been honored with his assent, as the forces then granted might have contributed to the more speedy reduction of the enemy.
They added, that if he had been obliging enough to have called them together to a more central part of the province, he would have saved a considerable expense to the public, and greatly contributed to the ease of the
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greatest part of the members and saved himself the trouble of frequent prorogations ; they expressed them- selves fully aware of the prerogative of the crown, in fixing the time and place of meeting of the legislature ; but they could only hope for some indulgence and at- tention to the ease and conveniency of the subject.
The governor replied, that since the house were pleased to take notice of the transactions of another as- sembly, he was under a necessity of informing them, that if the aid bill they had offered had not been clogged with clauses inconsistent with the king's prerogative, he would heartily have given his assent to it; he informed them, that on the contingency of an aid being required, he would not pass the bill granting it, if the house per- sisted in clogging it with clauses foreign to the aid.
He added, that a former assembly had voted, that the town of Newbern, the most central in the province, was not a proper place for the meetings of the legisla- ture, and he thought Wilmington was the most proper place, while the operations of the war were carried on in the south, to obtain early intelligence of occurrences that might require immediate attention ; and no proro- gation would have been necessary, if the members had thought fit to obey the king's instructions, as to the quorum.
On the 10th of April, the governor communicated letters from Sir Jeffry Amherst, and governor Fauquier of Virginia, mentioning their expectation of an aid from the province ; and although he had not yet received the king's command, for the raising of any particular number of men, or any requisition in money, he was advised by the council to lay the letters before the houses, and re- commend that they might consider of the most proper
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fund to answer the immediate call, so that, on the arri- val of the king's orders, which were hourly looked for, no time might be lost and the bill be perfected with expedition.
The house came to a resolution, that it was too late to raise any force to march against the Cherokees.
They informed the governor, that the provincial funds were exhausted, and a large debt had been incurred by the zeal the colony had already manifested for the king's service, and the only means of affording further aid, would be to issue bills of credit, to be sunk by a poll tax.
The governor replied, that there were several sums of money unappropriated, in the hands of the collectors of the powder duty, which might be applied to present con- tingencies, and be replaced by a tax to be laid to answer future contingencies ; but the house informed him, that the moneys arising from the powder duty, had been appropriated to the finishing of forts Johnston and Granville, and the improvement of the navigation of the ports of Beaufort, Bath, Roanoke, Currituck and Bruns- wick; that the receivers had been directed to account with the commissioners of navigation, and it appear- ed, from the returns of the commissioners, that there will remain but a trifling sum, after the intended pur- poses are answered.
A bill was introduced, for granting an aid to the king of sixteen thousand four hundred and ninety-four pounds, for raising clothing and pay for five hundred men, exclusive of officers, and for appointing an agent for the province ; after its second reading, the governor informed the house, by message, that he could not assent to any aid bill to which any clause, foreign to it, was N. CARO. II. 19
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tacked, such bills being unconstitutional ; that it was contrary to his instructions, derogatory to the preroga- tive of the crown and indecent in the assembly, to oblige the king to withhold his negative from a clause disagreeable to him, or lose the benefit of the proffered offer of an aid.
He added, that as he had often declared that he never had any objection to the house appointing an agent, in concurrence with the council, whom he could approve of, so he never would allow of any person to be imposed upon him or the council, after repeated refusals ; but as he had no objection to the person named in the bill, Couchet Jouveniel, if they would make the appointment, by a separate bill, and the council concurred, he would pass it immediately after the aid bill, to which he would always give the preference.
He recommended, for the good of the province and the satisfaction of their constituents, that a poll tax be laid for the redemption of the bills intended to be emitted, to commence as early as possible, to avoid a further de- preciation of the currency.
The house, in answer, declared themselves unable to comprehend how the appointment of an agent, in the mode intended by the house, was unconstitutional, or at variance with the prerogative of the crown, or any instruction of the king of which they had any know- ledge, or that it could be either disagreeable to the king or take away his negative on bills. They added, that in the present case, the appointment was far from being absolutely foreign to the object of the bill; that even if the purpose of the clause to which the governor ob- jected, was not specially stated in it, the passage of the bill could not be fairly construed to be forbidden
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by any of the king's instructions against passing bills with clauses foreign to the title.
After the third reading of the bill, the house, with a view to avoid any appearance of inconsistency in re- moving Anthony Bacon, resolved, that their principal motive was a sincere desire to show their zeal and loy- alty to the king, in granting an aid, so forcibly and ear- nestly recommended by the commander in chief of his forces in America, which they deemed their bounden duty to do, as the governor had declared his determina- tion to pass no bill with the name of Anthony Bacon in it, but would assent to the appointment of any other person.
It was thought necessary to borrow the remainder of the glebe and school moneys, after the payment of the judges, to meet the expenses of the legislature, the claims of scouting parties on the frontier and other public de- mands : this was done by a resolve of the houses, di- recting the reimbursement of the loan out of the tax for the contingent fund.
The aid bill, besides the appointment of the agent, provided for an emission of twelve thousand pounds of bills of credit, made a tender in all payments; the In- dians, taken in the war, were declared the absolute pro- perty of the captors ; rewards were offered for the scalps of those killed in battle ; a poll tax of two shillings was laid, for the redemption of the paper emitted, to com- mence in the year 1764 and continue till the whole emission was thus paid in and burnt.
A lottery was granted for the improvement of New river, in the county of Onslow; and the powder duty, in the port of Currituck, was converted into a pecuniary
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levy for the improvement of navigation between the inlet of that name and Albemarle sound.
In assenting to the aid bill, the governor testified his gratitude for a supply, in the critical state of affairs and distressed state of the province, as large as the most san- guine expectation could have anticipated, but added, it would have given him a double pleasure, if the house had allowed him the satisfaction of signing it, unmixed with the regret of departing from the instructions of his sovereign, and becoming an accomplice in the encroach- ment upon the prerogative of the crown, of which the house had been guilty ; he said he would not have yielded, if a combination of circumstances had not con- tributed to influence his mind ; a majority of his consti- tutional advisers had recommended his compliance, and when sitting as an upper house, had relaxed from their undoubted right ; the assembly had formally disclaimed that of adding clauses to an aid bill, that might encroach on the prerogative of the crown, or place the king in the humiliating dilemma to lose his negative voice in the prof- fered aid ; and he had agreed to concur with the appoint- ment of the houses in a separate bill; to these all pow- erful considerations was added the pressing one to pre- vent wasting in debate the precious time, which every thing demanded to be employed in a co-operation with the king's forces, securing the possessions of France, and ensuring the peace and safety of those of Great Bri- tain in America.
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