Disposition of the North
Carolina Biennial Act
King George II
Year: 1737
American State Papers
Kolbe Library
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By an Act passed in Carolina in the time of the
Lords Proprietors relating to biennial and other assemblies and regulating
elections and members, I observe that there is a power given to the assembly
of this colony to meet with out the consent of the Crown. The charter to the
Lords Proprietors does not warrant this proceeding. The power of calling of
parliaments is admitted to be an inherent privilege in the Crown, and I
believe this is the first instance that such an attempt has been made to
deprive the Crown of it. I think you should show your disapprobation of a law
which in so high a degree encroaches upon the prerogative of the Crown. But I
must observe to you, if the facts are true which are stated in the me morial
of Mr. Smyth the Chief Justice, I think it cannot be considered as an Act in
force, not having received a due confirmation agreeable to the rules settled
by the Lords Proprietors themselves.
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