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Colonial and State Records of North Carolina
Deposition of Richard Lovett concerning sectional dispute over North Carolina General Assembly sessions and representation
Lovett, Richard
April 05, 1749
Volume 04, Pages 1176-1177

Richard Lovett of Craven County in the Province of North Carolina, Gentleman, aged thirty eight years or thereabouts, being sworn & examined Deposeth and saith, as followeth Vizt

To the first Interrogatory This Deponent saith that he was Clerk of the Upper House in the Year one thousand seven hundred & forty six.

To the second Interrogatory, This Deponent saith that it hath been usual for five Members to be a Quorum of the Upper House to pass Laws and that there were five Members of Council present at the passing the Act intituled an Act for the better ascertaining the number of Members to be chosen for the several Counties within this Province to

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wit in General Assembly and Establishing a more equal Representative of all his Majesty's Subjects in the House of Burgesses to wit the Honourable Eleazer Allen, Mathew Rowan, Edward Moseley, Roger Moore, and William Forbes.

To the third Interrogatory, This Deponent saith that the five Members last before mentioned were present at the passing the Act intituled An Act to fix a place for the seat of Government and for keeping Publick Offices appointing Circuit Courts and Defraying the Expence thereof, and also for Establishing the Courts of Justice and for regulating the Proceedings therein.

To the fourth Interrogatory This Deponent saith that it hath been usual for the House of Burgesses to Address his Excellency the Governor to issue a Writt to Choose a new Burgess, and hath always understood it to be usual Practise when an Assembly was Dissolved, and upon a new Election of Burgesses to be forty days between the issuing the Writt and return thereof; And saith that he hath heard that upon the Death of a Member, at the next Meeting of Assembly, and the Governor addressed thereupon a Writt issues as this Deponent hath heard returnable immediate, but for greater certainty this Deponent refers to the Writt.

To the fifth Interrogatory, This Deponent saith that he believes his Excellency the Governor did issue a Writt of Election to choose a Burgess for Wilmington in the room of Mr. Clark deceased, but this Deponent doth not know at whose Instance the said Writt did issue nor how many days were between the Test and return but believes the same issued as usual, and hath heard that a Burgess was chosen in the room of Thomas Clark deceased.


New Bern 5th April 1749.