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North Carolina ss—

To His Excellency Arthur Dobbs Esqr. Capt. General Governor and Commander in Chief in and over His Majesty's Province of North Carolina.

The Address of the Assembly of the sd. Province.

Sir—

We His Majestys most Dutifull and Loyal Subjects the Members of the Assembly of the Province of North Carolina return your Excelly. our thanks for your Speech at the Opening of this Session of Assembly and beg leave to Congratulate your Excelly. on the Great and Glorious Success of His Majesty's Arms in the West Indies, in which we can never Enough Admire the Courage and Ardour of Our Troops and Seamen, which as your Excelly. justly Observes neither Sickness nor even death it self could Abate.

We rejoyce at the Opportunity your Excelly. has at last Afforded the Province of Considering it's Interior Government which for some time past Your Excelly. has been pleased to refuse, but upon such Conditions as were deem'd Incompatable with it's Interest.

It is with the Greatest concern we learn, that His Majesty has been pleased to dissallow of so many of our Acts of Assembly, and the more so as many of them in their Effects and Operation were of the utmost Importance to the Welfare and Happiness of His Majesty's Subjects in this Province. The frequent repeals of our Laws for Establishing Courts of Judicature amongst us make us almost dispair of ever being Able to form a Law for that Purpose which may be thought worthy of the Royal Approbation. And when we examine the Several Papers which your Excelly. has been pleased to lay before us, and consider of the reasons Assign'd for the Repeal of the Several Laws heretofore Enacted for Establishing Courts of Law we doubt we Shall with difficulty be able to form any Act that may not be lyable to some or other of the exceptions taken to the Several Court Laws already repeal'd but as we observe the General Plan of the Acts for Establishing the several Superior and Inferior Courts lately Repealed has not been dissapproved of we shall proceed to prepare Laws as nearly as we can on the same Principles taking care to leave them as little Exceptionable as Possible.

We do not know that this Assembly has ever made any Opposition to or Incroachment upon the just Prorogative of the Crown, And if your Excelly. is pleased to understand the Appointment and Qualification of the late Associate Justices as such an Opposition and Incroachment, we desire Your Excelly. will be pleased to Permit us to Mention in Excuse of the Members of that Assembly at which the said Justices were Appointed, That they had not only the Example of our Mother Country as a Precedent but that then and even now the Judges of some Other of His Majestys Provinces in America are Appointed in the same Manner, And we humbly conceive it is not an Absurd construction of the Act of Parliament for the further Limitation of the Crown an better securing the rights and Liberties of the Subject to suppose it at least in the reason and Intention of it to Include as well His Majestys Subjects abroad as those at home, and the Short Experience we have had of the Act so much complained of convinces us that the Utility of Judges of Law depends not more upon their Learning and Understanding than on their Integrity and Independence.

We are sorry to Observe that the Reasons for the Repeal of the Laws for Establishing Vestries and making Provision for an Orthodox Clergy have not been communicated that we might have taken proper notice of them in re-enacting the said Laws.

The other Particulars your Excelly. has been Pleased to recommend to us we shall not fail to pay a due Attention to.

John Ashe Speaker

North Carolina.
Address of the Assembly in answer thereto.

Read May 3. 1763

E. 63.