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9th. January 1755.

The humble Address of the Assembly of the said Province

May it please your Excellency

We His Majesty's most dutiful and loyal Subjects the Members of the Assembly of North Carolina in full Assembly beg leave to lay before your Excellency a State of the Towns and Counties heretofore erected within this Province, and the great Injury the Inhabitants wou'd sustain by the Repeal of the Laws whereby they are erected and established, which we have lately heard has been propos'd to His Majesty by the Right Honourable The Lords Commissioners for Trade and Plantations, and that your Excellency shou'd confirm the Rights of the several Towns & Countys by Charter.

As we apprehend the repealing those Laws wou'd in many Instances be attended with great Inconvenience from obvious Reasons not hitherto represented to their Lordships. We presume with the greatest Deference to offer our Sentiments on what so essentially concerns our Constituents and their Posterity.

In the Year 1722 there were nine precincts only, out of which as the province increased in Numbers, and the People extended their Settlements, other Precincts were by Acts of Assembly erected by dividing and subdividing those which had before existed in the most advantagious Manner for the Ease of the People. By an Act of Assembly pass'd in the year 1738 all the precincts in the Province were denominated Countys, and since that time by subsequent Acts have undergone many Divisions and Alterations, and others have Been erected out of them, and the Boundaries settled and altered from time to time as was most suitable to the Circumstances of the Inhabitants. By an Act pass'd in the year 1722 the Justices of the respective precinct Courts were impower'd and directed to purchase an Acre of Land for the Use of their respective precincts, and in Virtue of that and several later Acts have purchased Lands whereon the Court Houses and Prisons are erected in the several and respective Countys.

In the Year 1705 Sixty Acres of Land in old Town Creek in Bath County was erected into a Township by the Name of Bath Town, and by several subsequent Acts other Quantitys of Land in different Parts of the province have been erected into Townships, and laid out into Lotts, which have by Commissioners therein appointed been sold and conveyed to purchasers, who in Faith of the said Acts have purchased the same, and laid out and expended large Sums of Money in Buildings and other Improvements thereon.

From the State of the Case we humbly apprehend That if the said Laws shou'd be repealed, it wou'd be greatly prejudicial, & give universal Dissatisfaction to the Inhabitants of this province. The settling the Colony by the Accession of people from other places renders it necessary often to divide Countys, and erect a part of one into another, which cou'd not be done were they establish'd by Charter, in as much as every County incorporated must remain entire, unless the Charter were forfeited or surrender'd by General Consent. Another great Inconvenience from the repealing those Laws wou'd be that the Lands whereon the publick Buildings are erected, altho’ purchased and paid for by the several Countys, wou'd revert to the persons or their Heirs who had sold & received the Consideration Money for the same. The Inhabitants of the Towns in Case of a Repeal of the Laws by which they are establish'd wou'd be wholly divested of their Tenements, having no other Title than Deeds executed by Commissioners authorized by such Laws, pass'd with the Consent and At the Request of the former Owners of the Land for Consideration long since paid. And yet in Case of such Repeal, as a Charter cou'd not take away the legal Title, the Estates wou'd revert in such former Owners and their Heirs and the fair Purchasers be dispossess'd of their Lotts and Improvements.

From the many Instances and undoubted proofs that we have already had of Your Excellency's Benevolence & Endeavours to promote the Welfare of this province, We hope Sir you will permit us to request that you will be pleas'd to cause these Matters to be properly represented to His Majesty, in order to prevent the Repeal of those Laws which wou'd create the greatest Disorder and Confusion, and introduce many troublesome and litigious Suits in Law, to the Impoverishment of many honest purchasers; and in Case the said Laws shou'd be repealed before such Representation can be made, that you will endeavour to obtain his Majesty's permission to pass other Acts for the reestablishing the said Towns and Countys, and to confirm the Rights and Titles of the people as they now stand, and from time to time to pass Laws for erecting new Countys and Towns, and for altering dividing and new modeling Counties in such Manner as at any time hereafter from an Increase of Inhabitants and their extending their Settlements the same may become necessary, in such Manner as had been heretofore accustomed, which Method from many Years Experience as well in this as the neighbouring Governments has been found greatly to conduce to the Advantage and Benefit of the Inhabitants.

And as after passing such Acts the power of granting Charters, incorporating Towns, establishing Fairs, and appointing places for holding the Courts of Justice, will still remain in the Crown, We must humbly hope that this Application will not be construed by His Majesty to proceed from the least Desire of encroaching on His Royal Prerogative, which we shall always with the great Ardor and Zeal endeavour to the Utmost of our Abilities to maintain, well knowing That He is invested therewith for the Honor Dignity and Support of the Crown, and for the Happyness and Safety of his people.

Jno. Campbell, Speaker

By order Wm. Herritage Clke.

North Carolina.
Address from the House of Assembly to Governor Dobbs, deliver'd by the Speaker at the head of the House, the 9th of Janry. 1755.

Recd. with Govr. Dobbs's Lettr. dated the 11th. Janry. 1755.

Recd. March 1755.
Read April 8, 1755.

C.50.