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Colonial and State Records of North Carolina
Message from Thomas Burke to the North Carolina General Assembly
Burke, Thomas, ca. 1747-1783
July 13, 1781
Volume 22, Page 1041

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State of North Carolina,
July 13th, 1781.

To the honourable the General Assembly.


I have been furnished by your Clerks with the report of a committee on my message relative to the act entitled, an Act for draughting the militia to re-enforce the Southern army, concurred with by both branches of the Legislature. I am so unhappy as to understand that act very differently from what is expressed in that report with respect to the Constitutional powers of the Governor with the advice of the Council, however it shall be my care, as it is my duty, to make the Constitution prevail.

The report extends not to the second ambiguity which I took notice of, namely the requiring the Governor to take the advice of Council in the disposition of Troops, and thus absurdly to divide the supreme military command, the silence of the Assembly on this head carries with it the evidence of an intention to cramp the constitutional authority of the Governor, and indicates a distrust which very much alarms me As I should be very unwilling to be a distrusted or mutilated Magistrate. I must request the General Assembly to be explicit on this point, and to order their proceedings to be communicated to me in time to prevent inconveniences

I am with due respect, your obedt. hum. servt.,