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Colonial and State Records of North Carolina
Memorandum from James Abercromby to the Board of Trade of Great Britain of Great Britain concerning sectional dispute over North Carolina General Assembly sessions and representation, including depositions by John Rutherford and Enoch Hall
Abercromby, James, 1707-1775; Rutherford, John, 1724-1782; Hall, Enoch, d. 1753
May 08, 1750
Volume 04, Pages 1221-1223

May it Please Your Lordships [of the Board of Trade]

The Agent for the Province of North Carolina begs Leave to lay before your Lordships the enclosed Affidavits of Enoch Hall Esqr Chief Justice of the said Province and of John Rutherford Merchant Inhabitant of the said Province and from these affidavits as well as from Repeated Instructions from his Constituents to Remonstrate to your Lordships how much the Scituation of Affairs in that Province requires a Speedy Determination on the several Acts of Assembly of that Province now before your Lordships But more Particularly on the Acts of Assembly for Establishing a more Equal Representation of all his Majestys Subjects in the House of Burgesses and also on that Act for Establishing the Courts of Justice and Regulating the Proceedings thereon

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which said Acts your Lordships have been Pleased to Refer to his Majestys Attorney and Solicitor General for their Opinion thereon.

And your Memorlst being Apprehensive that the Petrs against the first of these two last mentioned Acts while they Screen themselves under the Sanction of such their Petition from the Payment of Public Taxes for the necessary support of Government and Do at the same time Evade Justice by Obstructing the Proceedings in his Majestys Courts of Law in that Part of the Province from whence the Petition Comes, under such circumstances your Memorlst with reason apprehends that the Petitioners will Effect Delay in bringing this matter to an Issue in so far as they themselves are Prosecutors in the case.

Your Memorlst therefore in order to Prevent so far as in him Laye any such Delay in behalf of the said Province prays your Lordships will be Pleased to Transmit these Affidavits to His Majestys Attorney General and Solicitor General with such Observations thereon as your Lordships shall think proper for expediting the Case now before them.

Agent for North Carolina.

John Rutherford of Wilmington in the Province of North Carolina Merchant at present in London maketh Oath and sayth that he left the said Province in the Month of March last and that this Deponent before he left the Province was Informed by several of the Inhabitants of the Northern part of the said Province in and about Edenton That they will not attend on Juries Summoned for the General Courts nor pay any Obedience to those Laws now under your Lordships Consideration And this Deponent verily believes that things there will remain in the same confusion as when he left the aforesaid Province 'till his Majesties pleasure is known concerning the said Laws.


Sworn at ye Pub: Office in Chancery Lane ye 8th day of May 1750 before me

Enoch Hall Chief Justice of the Province of North Carolina at present in London Maketh Oath and saith that in pursuance of an Act of Assembly passed at Wilmington for the better Regulation of the Courts of Justice and for appointing Circuit Courts for the ease of the subject this Deponent by virtue of Commissioners under the Seal of the Province attended at Edenton at the October and April Assizes where the Sheriffs of the Counties of Currituck Pasquotank Pequimans Chowan Bertie and Tyrrell Returned Jurors to attend to Transact business at the said

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Assizes but in calling their names over only three or four appeared either on the Grand Jury or Petite Jury, and this Deponent was Informed and verily believes the same to be true That the same was Occasioned by the Instigation of the Petitioners against the Act for Establishing a more equal representation of all his Majestys Subjects in the houses of Burgesses for the said Province And this Deponent has been Informed and verily believes the same to be true that the Inhabitants of the said six Counties refuse to pay all or the greatest part of their Taxes for the support of the Government of the said province and this Deponent also verily believes that affairs will continue in such confusion till his Majestys pleasure shall be known concerning the said Law now under your Lordship's Consideration.


Sworn at the Pub: Office in Chancery Lane ye 8th day of May 1750 before me