Documenting the American South Logo
Colonial and State Records of North Carolina
Memorandum from Matthew Lamb to the Board of Trade of Great Britain concerning the election of North Carolina General Assembly representatives
Lamb, Matthew, Sir, 1705?-1768
September 25, 1747
Volume 04, Pages 1155-1156

My Lords. [of the Board of Trade]

In Pursuance of your Lordships commands signified to me by Mr. Hill's letter of the 22d of July last wherein your Lordships are Pleased to desire my Opinion in Point of Law upon the following Act Passed in North Carolina in December 1746: I have Perus'd and Considered the same And have made such Observation thereon As I have wrote under the Title of the said Act.

An Act for better Ascertaining the Number of Members to be Chosen for the severall Countys within this Province to sit in General Assembly and for Establishing a more Equall Representative of all His Majestys Subjects in the House of Burgesses.

This Act Appears by the Copy of it Laid before me to have been Passed in the usuall forme of Acts passed in this Province And was the fact Really as it Appears to be I could have no Objection to make thereto as it seems to Contain very usefull Regulations and such as the Province have a right to make if Properly agreed thereto. But it appears to me by a Letter from Governour Johnston Laid before me with this Act,

-------------------- page 1156 --------------------
that It was not Passed in the Usuall and Ordinary way of passing Acts but by a Select Number of Burgesses summoned by the Governour And I have not seen Anything that Warrants the Passing An Act in this manner, therefore I submit it that this matter should be farther Explained before this Act be passed into a Law for however Proper and Convenient this Act may be, Yet the Governour and a Select Number of Burgesses taking upon them to Pass Any Act in any way Different from the Usuall Method (which Act has its Immediate Execution and without any Suspending Clause Till Approved of here as this Act is) may be attended with great Inconveniences.

I am, My Lords, Yours, &c.,

Lincolns Inne 25th September 1747.