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Memorandum from Dudley Ryder and William Murray to the Board of Trade of Great Britain concerning dispute over North Carolina General Assembly sessions and representation
Ryder, Dudley, Sir, 1691-1756; Murray, William, 1705-1793
December 01, 1750
Volume 04, Pages 1223-1224

May it please your Lordships [of the Board of Trade]

In pursuance of your Lordships desire signified to us by Mr. Hill in his Letters of the 30th of April and 11th of May last referring [to] two Acts passed in his Majesty's Province of North Carolina in 1746. Vizt

“An Act for the better ascertaining the number of Members to be chosen for the several Counties within this Province to sit in General Assembly and for establishing a more equal Representative of all his Majesty's Subjects in the House of Burgesses,”

“An Act to fix a Place for the seat of Government and for keeping Publick Offices For appointing Circuit Courts and defraying the expence thereof and also for establishing the Courts of Justice and regulating the Proceedings therein” for our opinion whether the said Acts are proper to be confirmed by his Majesty, and transmitting several Papers relative thereto (all which are herewith returned) we have taken the same into consideration and have heard Council for and against the said “Act for the better ascertaining the Number of Members to be chosen for the several Counties within this Province to sit in General ;Assembly and for establishing a more general Representative of all his Majesty's subjects in the House of Burgesses.” Athō the Governour of North Carolina may certainly Prorogue the Assembly to meet at such place and time as he shall see proper; and altho' it has not been made out sufficiently to our satisfaction that the presence of a Majority of the whole Assembly is absolutely necessary to the doing any business as alledged by the Petitioners against the said last mentioned Act. Yet these two Acts appear to have passed by Managemt Precipitation and Surprize when very few Members were present and are of such nature

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and Tendency and have such effect and Operation that the Governour by his Instructions ought not to have assented to them, tho' they had passed deliberately in a full Assembly, and we are of opinion that they are not proper to be confirmed.

All which is humbly submitted to your Lordships

1st Decr 1750.