England had declared such patents void. Among others, Job Rothmaller and
Thomas Cooper, having been accused of some illegal practices with respect
to this matter, a petition was presented to the Assembly by thirty-nine
inhabitants of Granville county in their vindication. When the Assembly
examined into the matter, they ordered their messenger forthwith to take
into custody Job Rothmaller and Thomas Cooper, for aiding, assisting, and
superintending the deputy-surveyor in marking out tracks of land already
surveyed, contrary to the quit rent act. But Cooper, being taken into
custody, applied to Chief Justice Wright for a writ of _habeas corpus_,
which was granted. The Assembly, however, sensible of the ill
consequences that would attend such illegal practices, determined to put
a stop to them by an act made on purpose. They complained to the Governor
and Council against the Surveyor-General, for encouraging land-jobbers,
and allowing such liberties as tended to create litigious disputes in the
province, and to involve it in great confusion. In consequence of which,
the Governor, to give an effectual check to such practices, prohibited
St. John to survey lands to any person without an express warrant from
him. The Surveyor-general, however, determined to make the most of his
office, and having a considerable number to support him, represented both
Governor and Council as persons disaffected to his Majesty's government,
and enemies to the interest of the country. Being highly offended at the
Assembly, he began to take great liberties without doors, and to turn
some of their speeches into ridicule. Upon which an order was issued to
take St. John also into custody; and then the Commons came to the
following spirited resolutions: "That it is the undeniable privilege of
this Assembly to commit such persons they may judge to deserve it: That
the freedom of speech and debate ought not to be impeached or questioned
in any court or place out of that house: That it is a contempt and
violation of the privileges of that house, to call in question any of
their commitments: That no writ of _habeas corpus_ lies in favour of any