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To His Excelly Arthur Dobbs Esqr Govr of North Carolina

23d. May 1760

Sir

We have under our Consideration your Answer to our Message Relative to the Court Bill in which give us leave to say that ^in our Apprehension^ what you have offered, carrys to this the Air of a Declamation against certain Gentlemen who for their well intended Services to the Publick deserve the thanks of the Province than Reasons for not passing the Bill. With respect to the Compliment you have been pleased to bestow on this House by insinuating that they have been mislead in regard to that usefull Bill, We can only say we are sorry you have suffered your ear to have been abused by some ill designing Person and that your Assenting to such a Bill would give universal Satisfaction to the People, prevent the ^like^ Mischief which have happened from the incompetency of Justices under the Supreme Court Long of your Excellency's Appointment, the delays which have been owing to Advisares in Causes Plain and easy to be understood by Lawyers and the Erronious Judgments given by these lay Judges abundantly shew the Necessity of the Regulation Contended for by the Assembly; Not to mention other Instances the Corporal Punishment instituted by ^order of^ Mr. Spaight a Judge of Newbern Supreme Court on an innocent Person without tryal by Jury in Manifest Violation of Law and contrary to the great Charter of English Liberties is an Acquinant unanswerable in favour of such an Establishment; and the pertinacious Adherence to the Letter of an Instruction in a Matter that could not have been had in Contemplation at the Time it was framed when other Instructions in things of less Moment ^to the Public^ have been easily got over to answer particular purposes; if we may be allowed to speak the Sentiments of our Constituents shews an unreasonable desire to retain the Power of appointing Judges for private Views & partial ends. It gives us the greatest Concern that we should differ in Sentiments with your Excellency. We have made it our Study to render your Administration easy and happy; But when all our Endeavours for his Majesties Service and the Interest of his Subjects, are represented in the most disagreeable light We can only say we have the Comfort of a good Conscience our Cause is that of establishing Freedom to a most loyal People who Considering their Circumstances have discovered an unexampled Liberality in contributing to the Defence of his Majesty's Rights and Possessions tho' they have been unhappy in never having hitherto been able to praise the Appointment of a Publick Agent to represent their dutifull behaviour to his Majesty and the board in England and if we are refused your Excellency's Assent to an Establishment of Legal Judicature Analagous to that of our Mother Country and other of the Colonies our only Consolation will be that we have exerted our honest Endeavours to accomplish so valuable a Purpose in behalf of a people who have with the great chearfulness and Alacrity embraced every oppertunity of demonstrating their Duty & Loyalty to the best of Kings on whose Beneficence Justice and Goodness under God they place their Sole Reliance. As to what your Excellency has been pleased to say relative to Commissions of Oyer & Terminer for the Tryal of those Lycenieous Rioters who by their dangerous and treasonable Practices with impunity have disturbed the publick Peace & tranquility We humbly apprehend that from the general Defection in the parts of the Province in which they commit their Outrages such Commissions would have no other Effect than to bring the rage of unruly Mobs on such as Should Act under them And we are extremely concerned to find that those Mobs increase in their Numbers and Infuence by several of their ringleaders being honoured with your Excellency's Commissions as Justices and Militia Officers. We cannot conclude without expressing our Sorrow that the Chief Justice and Attorney General should have incurred your Excellency's Displeasure by giving their Candid Sentiments in Consequence of your Command on certain ensnaring Queries proposed to them on some Extracts of your Excellency's Instructions as your Censures on these gentlemen Constitute a Considerable part of your Excellency's Message and we have been Witnesses of their honourable Conduct We think it our Duty to testify our Thanks for the honest Opinions they have given the Motives of which however they may have been misrepresented to your Excellency we are well satisfied have been neither more nor less than an inviolable Attachment to the time Interest & Honour of the Crown and the safety and preservation of the Subject, which in the present Distress Confusion and publick Calamity renders the passing the Court Bill as it is now framed of indispensible Necessity. 

Saml Swann Speakr.

By Order 

No. Carolina
A Second Replication of the Assembly to his Excellencys Answer—

Reced with the Govrs. Letter of 28 May 1760.

Read Novr. 26. 1760.

E.21.
10—