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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 01, 1725 - November 02, 1725
Volume 02, Pages 575-578

[B. P. R. O. Proprieties. B. T. Vol. XII. R. 101.]
THE JOURNAL OF THE LOWER HOUSE OF ASSEMBLY BEGUN THE 1st OF NOVr 1725


North Carolina—ss.
Att a Genll Biennial Assembly held at Edistow. the 1st November 1725.

Present in the Lower House
Coll George Pennington, Major Henry Bonner Coll Cullen Pollock, Capt Wm. Downing, Mr Edmd Porter, Mr Joseph Jessop, Mr Thos. Speight, Mr Chas. Denman, Mr Sam. Phelps Mr Saml Swann, Col. Thos. Swann, Mr James Winright Mr Mccory Scarboro, Mr John Baptism Cushe, Coll Maurice Moore Coll Wm. Maule, Mr Arthur Goffe, Mr James Castellaw, Mr Isah Hill, Mr Thos Parris

Coll Maurice Moore is chosen Speaker, nem: contradicente

Robert Hicks is appointed Clerk, John Falconar Messenger and H Savage Doorkeeper to this House

Ordered that the Secretary do lay before this House the returns of the Representatives elected to serve at this Biennial Assembly

The Messenger being sent to the Secretary for the returnes of the Representatives returned the Answer that he would acquaint the Governor therewith.

A Second Message being Answered that was always Customary to make the returns to the Upper House, and there they should remain.

Coll: Tho: Swann and Mr Jams Castellaw were sent to desire the Governor & Council would Order the Secretary to Deliver the returns of the Representatives to the proper Officers in Order to lay the Same

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before the House, who return'd that the Governor Say'd he had the Returns & that there was a Proclamation whereby the Assembly was Prorogu'd till the first Tuesday in Aprill, it being then the proper time should be sent down here & that at present they are not a House.

Colol Wm Maule & Mr Edmd Porter were sent to the Governor to acquiant him that whereas he had thought fitt to prorogue this Assembly, the house was of Opinion that it was not in the power of him nor the Council to Doe & Desired to know by what authority he did the Same & desired a Conference with their House to argue thereon. Who return'd that they had Delivered the Message to the Governor having then nine Members of the Council in Company with him. Vizl—And Governor replied that this House had Disputed his authority, he had Prorogu'd the Assembly & he would Support & Stand by it.

Capt. Wm Downing & Mr Jam: Winright were sent to the Upper House to acquaint them that this House had Chose their Speaker & desir'd to know if they were ready to receive him. Return'd that the Governor Sayd he would receive the Speaker at the time of the Prorogation.

Resolv'd that Capt. Wm Downing, Mr Edmd Porter, Col. Wm Maule & Mr Jno. Baptiste Cushe be appointed to Draw a Protest against the Proceedings of the Governor & Council relating to the Prorogation of this Assembly & Also an Address to the Ld Proprs Setting forthe all Aggrieviances wch they conceive this Country now to lye under, Particularly to make Remonstrances to their Ldpps that this House hath rec̄d Sundry Propositions & Grievances from the Severall Precincts of this Government which are unremyded by reason that the Governor and Council hath Assum'd a Power of Proroging the Assembly before its time of meeting. Also that they be pleased to Notefy to their Ldpps their knowledge of the Charrecter & Conduct of the Honble George Burrington late Governor of this Province during his Administration of the Same.

It is Unanimously Resolved by this House that the late Proceedings of the Govr & Council in relation to their Pretended Prorogation of this present Biennial Assembly are Illegal being Contrary to the Laws of this Province an Infringement of their Liberty & breach of the Priviledges of the People Inhabitants of the Same Province

And it is further Resolv'd that this House at their next meeting Proceed to no business until their Lawful Priviledges which they now claim are Confirm'd unto them by the Governor & Council Afsd

Adjourned till morning 10 a Clock.

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Tuesday the 2d Novr

The House mett according to Adjournmt together with Mr Robt Morgan. Representative for Pasquotank Province The Comitte for Drawing an Address &c. to the Lords proprs according to the Order of this House Yesterday lay'd the Same before the House being read is approved.

To his Excellency Jno Ld Carlewtt Palatine & the rest of the true & Absolute Lds Proprs of Carolina

The address of Several Members return'd for this Present Biennial Assembly of North Carolina.

May it please your Lordsps:

The great happiness which this Province lately enjoy'd under the Administration of the Honble George Burrington Esqre the late Governor being much disturbed by the Sudden & Unexpected Change which hath been made thro' the many false & malicious Calumnies that have been raised against that gentleman by Persons of the most Vile Characters as well as Desperate fortunes is the occasion of our Addressing your Lordships at this time

And altho' Comon Justice requires Us to give Mr Burrington his due Character, yet we think our Selves under the greatest obligation so to do at this time inasmuch as by some of those Articles wherewith we understand Mr Burrington is charged, a very great Reflection is Cast on the Principal Inhabitants of this Province as tho' they were of Turbulent & factious Spirit & inclinable to Cause such a Revolution here as lately happened in So Carolina.

Wee therefore take this occasion to acquaint your Ldpps that as we are Chosen to represent the Inhabitants of this Province we do Assure you that the sd Charge is entirely false & groundless & we believe was suggested to your Lordps purely with a Design to give you an evil opinion of those who we are well Satisfy'd had your Lordps Interest & that of your Province most at heart, & as we are very well acquainted with Mr Burrington & the Inhabitants of this Government in General we do Declare that we never could Discern either in Mr Burrington or any other Person of Credit & Reputation the least Step, Motion or Inclination towards a Revolution.

Wee think our Selves very happy under your Administration & notwithstanding the uneasyness that the Inhabitants of this Province are under occasioned thro' the late Sudden & unexpected Change & the Present Irregular & Arbitary proceedings of some of your Lordps officers Yet we assure your Lordps that we will not be wanting as well by

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our Persons as by the Influence we have on the People we represent to preserve Peace & Quiettness until the State & Condition of this your Province can be lay'd before you by Mr Arthur Goffe, Mr Edmd Porter & Mr Nath. Duckenfield whom we have Instructed as our Agents to do it being persuaded that your Ldps will have due regard to the several Complaints which on this occasion will be made unto you

Indeed were it not for the Justice we Expect from your Lordps & the Influence which we believe we have on the Inhabitants of this Province, they might be prone enough to endeavor to obtain as Quick remedy of the Evils attending such a Vile Administration as the Province is threatened with from a Governor so entirely Influenced by so few Persons of the most Irreligious & Imorale Characters. But as we Detest all Irregular & Tumultuous ways of proceeding (our only hopes remaining in your Lordps Justice) we Expected we should have had an opportunity at this present Biennial Assembly of Causing a due enquiry to be made into those late Practices which have been the Occasion of so much uneasyness & Dissatisfaction as well as into the Vile & base Practices of Several of your officers in their offices. But having been disappointed of these our Expectations by the Irregular as well as unwarrantable Prorogation of this Assembly occasion'd (as we think) thro' the Advice of those who fear'd to have their Actions lay'd open to your Lordps by us We are constrained to be at the Charge of Employing Agents to make known to your Lordps the true state of this your Province hoping that thro' your accustomed goodness you will give such relief as the Exigency of Affairs may require

Not being so fully apprised of the several articles said to be laid to Mr Burrington's charge on which your Displeasure has been so apparently made manifest towards him we can only in general terms assure your Lordps that none of us can remember that this Province ever seemed more Happy than under his Administration, his Carryage & behaviour being very Affable & courteous, his Justice very Exemplary & his care and Industry to promote your Interest & the welfare of this Province being very Eminent & Conspicuous

Wee humbly Subscribe ourselves
Your Lordps
Most humble most obedt
& most dutiful Servants

Adjourned till the first Tuesday in Aprill next.