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Fourth North Carolina Provincial Congress

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71-404: The Fourth North Carolina Provincial Congress was one of five extra-legal unicameral bodies that met beginning in the summer of 1774 through 1776. They were modeled after the colonial lower house (House of Commons). These congresses created a government structure, issued bills of credit to pay for the movement, organized an army for defense, wrote a constitution and bill of rights that established

142-740: A Justice of the Peace , High Sheriff of James City County , bailiff of the Quarter Court and sergeant at arms of the Virginia General Assembly (which met at designated times in Jamestown). However, Drummond also clashed with several powerful planters, including Theodorick Bland and Bryan Smith. In 1664, Governor Berkeley chose Drummond (who had visited the Albemarle County colony in 1653) as his emissary to

213-649: A 250 foot long fort at Jamestown, but Page soon died and both Drummond and Hone were hauled before the General Court and ordered to replace defective bricks as well as complete the contract. Drummond failed to respond to a summons issued by sheriff Francis Kirkman, a friend of Virginia Governor William Berkeley . Following his daughter's marriage to Samuel Swann , the eldest son of tavernkeeper and powerful planter Thomas Swann , Drummond held local offices in Jamestown and surrounding James City County, including as

284-572: A biennial schedule to annual. African-American men were first elected to the state legislature in 1868, including Henry Epps , Abraham H. Galloway , and John A. Hyman in the Senate and Parker D. Robbins , Wilson Cary Nicholas , B. W. Morris, A. W. Stevens, John S. Leary , Isham Sweat , Henry C. Cherry, John H. Williamson, A.A. Crawford, Cuffie Mayo , W. T. J. Hayes , Ivey Hutchings , John S. W. Eagles , George W. Price , Thomas A. Sykes , James H. Harris, William Cawthorn, and Richard Falkner in

355-448: A body of freemen who selected 12 deputies to represent their interests. Together with the governor and his council, the deputies served as a provisional legislature for Albemarle County and eventually was named the General Court and Committee. It held its first meeting in the spring of 1665. When the governor and his deputy were absent, the assembly would designate a president or speaker to lead its sessions. Approximately two years later,

426-695: A body's respective rules committee before being brought before a full house for a vote. The constitution of North Carolina vests the state's legislative power in the General Assembly; the General Assembly writes state laws/statutes. Legislation in North Carolina can either be in the form of general laws or special/local laws. General laws apply to the entire state, while local laws apply only to specific counties or municipalities. The constitution requires that all effective laws be styled "The General Assembly of North Carolina enacts:", with only

497-530: A government with a separation of powers divided amongst executive, legislative, and judicial branches, though the legislative branch retained the most power. The General Assembly was made a bicameral body, consisting of a Senate made up of one member from each county in the state and a House of Commons with two members from each county and one from each of several specially-designated towns. Property requirements stipulated that House members had to own at least 100 acres and senators at least 300 to serve. The assembly

568-469: A new constitution was crafted by a convention and ratified by popular vote. The document provided for universal male suffrage and abolished all property requirements and religious tests for officeholders. It changed the name of the House of Commons to the House of Representatives. The constitution also created the office of lieutenant governor which was to be filled by popular statewide election. It replaced

639-533: A secret night meeting with Drummond and tavernkeeper Richard Lawrence, another follower with a leadership record. After Bacon died of illness, Drummond and Lawrence attempted to rally his followers, but were defeated. Drummond attempted to escape toward the Dismal Swamp, but was hunted down in the Chickahominy Swamp by Capt. Swann and others. Six days later he was tried before Governor Berkeley at

710-403: A single speaker. Both houses appoint a principal clerk—who keeps their respective bodies' records, a reading clerk—who reads documents as required by the constitution, house rules, or the presiding officer, and a sergeant at arms —who maintains order in their house. Standing committees in each house consider introduced legislation, hold hearings, and offer amendments. All bills are examined by

781-536: A state constitutionally-prescribed oath of office. In the event of the vacancy of a seat, the governor is constitutionally obligated to appoint a person nominated by the previous incumbent's political party's respective district executive committee to fill the seat. The assembly is styled after the citizen legislature model, with legislating considered a part-time job. Members receive a base salary of $ 13,951 per year, supplemented by per-diem payments and travel reimbursements. Increases in legislative pay adopted by

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852-874: A town lot in Jamestown, which he sold to John Barber in December 1664, not long after the Virginia General Assembly decided to subsidize the construction of brick houses in the colony's capital. Ultimately, the Drummonds owned one of the finest brick houses in Jamestown. During the 1660s, while in Carolina as discussed below, Drummond also patented 4,750 acres in Westmoreland County, Virginia , as well as bought 600 acres and laid claim to an additional 500 acres in that northern section of Tidewater Virginia. Drummond also acquired 1,200 acres on

923-562: A transitional government for the state, superseding the authority of the General Assembly and making changes to state law on its own. After the president of the convention declined to convene it to discuss issues of wartime speculation and extortion, authority returned to the state's other civil leaders and institutions. During the Civil War the General Assembly continued to meet in regular biennial sessions, but also convened in seven extraordinary sessions to address wartime issues. In 1868,

994-696: Is a bicameral legislature, consisting of the North Carolina House of Representatives (formerly called the North Carolina House of Commons until 1868) and the North Carolina Senate . Since 1868, the House has had 120 members, while the Senate has had 50 members. There are no term limits for either chamber. Both chambers have two-year terms and are currently controlled by the Republican Party , but only

1065-411: Is also responsible for drawing the districts of its own members and the districts of the state's congressional delegation after every decennial U.S. census . The legislative power of the assembly must be exercised by the whole body and not devolved upon a portion of the whole, and actions taken during one session of the assembly can be undone by a succeeding session. The governor signs bills passed by

1136-427: Is analogous to that in the Senate, except that in place of a president and president pro tempore , the body is led by a speaker and speaker pro tempore . The speaker is in charge of appointing the body's committees. Both officers are elected by the full house from among its members, with the rest determined by party caucuses. In the event of an even political divide in the House, co-speakers may be elected in lieu of

1207-401: Is not in session. Both houses are empowered to temporarily adjourn for three days or less at their own discretion. The proceedings of each house are constitutionally-required to be reported in official journals and published at the end of each session. The records of individual lawmakers are not subject to the state's public records law. Each house chamber has a gallery from which members of

1278-722: Is the bicameral legislature of the state government of North Carolina . The legislature consists of two chambers: the Senate and the House of Representatives . The General Assembly meets in the North Carolina State Legislative Building in Raleigh . The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes . The General Assembly

1349-844: The Great Dismal Swamp and became lost; Drummond was the expedition's only survivor. In 1665 Drummond discovered the water source for the Great Dismal Swamp, which lies at its center and is now called Lake Drummond in his honor. 19th century historian John W. Moore characterized Drummond as a man who deserved respect and confidence, based on his plain and prudent lifestyle and concern for the people he governed. The 1677 inventory of Drummond's estate indicated that he owned three slaves. Drummond returned to Virginia in 1667 and later supported Nathaniel Bacon during Bacon's Rebellion against Governor Berkeley's government. Bacon may have half expected Drummond to convince people in

1420-722: The Second Continental Congress to vote for the Declaration of Independence , including Joseph Hewes, William Hooper, and John Penn. The 83 delegates present on April 12, 1776 adopted the Halifax Resolves . On April 13, 1776, the delegates formed a committee to start working on a North Carolina Constitution, which was ratified in December 1776 by the Fifth North Carolina Provincial Congress . In April, 1776,

1491-437: The lieutenant governor . In this capacity they direct the debate on bills and maintain order in that house, but have little influence over its workflow. They cannot cast a vote in the Senate except to break ties. The president pro tempore is elected by the full Senate. They appoint the body's committees. All other leadership positions are filled by the decision of party caucuses. The leadership of House of Representatives

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1562-503: The "long session" and typically only makes modifications to it during the "short session". Typically the legislature adjourns shortly after June 30, the end of North Carolina's fiscal year , following the passing of a budget. The governor may call the General Assembly into extraordinary session after consulting the Council of State and is required to convene the assembly in specific circumstances to review vetoed legislation. A majority of

1633-553: The 1980s. As a result, the legislature hired its own research staff, created an independent judicial office to review administrative affairs in the state bureaucracy, and began appointing its own members to state board and commissions, though the latter practice was ruled unconstitutional by the North Carolina Supreme Court in 1982. In 1977, the state constitution was amended to allow for governors and lieutenant governors to seek second terms. Shortly thereafter,

1704-586: The Albemarle colony to also rise against Governor Berkeley, but the Carolinians had no interest in the Virginia conflict and even if they did, could have provided negligible help to that rebellion. On September 19, 1676, as Bacon's followers burned Jamestown, Drummond set his own house ablaze, although he also rescued government records by moving them from the statehouse. In fact, Bacon was captured during

1775-465: The Council of State can call the legislature into session to consider the governor's mental capacity to serve. A basic majority of the members of a house constitute a quorum to do business. When in session, both Houses of the legislature typically meet on Monday evenings and in the middle of the day on Tuesdays, Wednesdays, and Thursdays. Legislative committees usually convene in the mornings and late afternoons. Committees sometimes meet when their house

1846-481: The General Assembly of which they approve into law and are empowered to veto bills of which they disapprove. A veto can be overridden by a three-fifths majority vote of the assembly. Local bills and congressional and legislative reapportionment decisions are not subject to gubernatorial veto. Aside from regular legislation, the two houses of the General Assembly can also issue joint resolutions which are not subject to veto. The assembly wields oversight authority over

1917-521: The General Assembly to provide for the filling of executive offices not already provided for in the constitution. The body is also empowered to resolve contested elections for state executive officers by joint ballot. Its advice and consent is required for the installation of some state agency heads. The assembly can also influence the bureaucracy through its power to create for dissolve agencies or countermand administrative rules by writing laws and by its decisions in appropriations. The constitution empowers

1988-405: The House and that all Senate districts were supposed to contain approximately equal populations, though the latter tenant was undermined by a constitutional requirement that no counties be split between different districts. As a result, by the 1960s, rural constituents were significantly overrepresented in the legislature. Following developments in federal jurisprudence in the early 1960s that led to

2059-503: The House of Representatives by the three-fifths majority necessary to override vetoes . In 1663, King Charles II of England granted a royal charter to eight lords proprietor to establish the colony of Carolina in North America. Under the terms of the charter, regular management of the colony was to be overseen by a governor and a council. An assembly consisting of two representatives from each county elected by freeholders

2130-434: The House of Representatives in 1969. The number of black legislators steadily increased in the 1970s and 1980s. In 1973, Henry Ward Oxendine became the first Native American member of the legislature. In the early 1970s, Democratic legislators, spurred in part by the election of a Republican governor in 1972, began an effort to strengthen the General Assembly's power and influence in state government which continued into

2201-410: The House of Representatives to impeach elected state officials by simple majority vote. In the event an official is impeached, the Senate holds a trial, and can convict an official by two-thirds majority vote and remove them from office. The General Assembly can also, by a two-thirds majority vote, determine the governor or a judge mentally or physically incapable of serving. The General Assembly has

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2272-421: The House, feeling threatened by the strengthened positions of the governor and Senate leadership, broke from a decades-long trend and began electing speakers to successive terms. In the mid-1980s, the legislature ceased using multi-member legislative districts. In 1994, Daniel F. McComas became the first Latino elected to the General Assembly. The General Assembly has 170 elected members, with 120 members of

2343-461: The House. Despite efforts by Red Shirts and other white Democratic paramilitary groups to disrupt Republican meetings and suppress black voting in order to ensure the Democratic takeover, some African Americans continued to be elected in the 19th century, especially to local offices. Between 1868 and 1900, 113 blacks were elected to the House of Representatives. But shortly before the turn of

2414-570: The North Carolina House of Representatives and 50 members of the North Carolina Senate. Each represents a district. Each house has the sole power to judge the election and qualification of its own respective members. Legislators' are elected biennially in even-numbered years. Their terms of office begin at the start of the January following the year of their election. There are no term limits for legislators. All legislators swear

2485-465: The Privy Council's Board of Trade . The directives were binding upon the governor and dealt with nearly all aspects of colonial government. As they were produced by officials largely ignorant of the political situation in the colony and meant to ensure greater direct control over the territory, the instructions caused tensions between the governor and the General Assembly. The assembly controlled

2556-442: The Senate until 1835. Elections for senators were held annually. Due to the outbreak of hostilities, North Carolina's government met in various locations throughout the war. In September 1781, British forces captured the governor and several members of the General Assembly during a raid on Hillsborough . The war ended in 1783. Construction of a North Carolina State House began in the planned capital of Raleigh in 1792 and became

2627-500: The State Senate in 1930. Female representation slowly increased in the following decades. The General Assembly began increasing the length of its sessions and hiring more support staff in the 1940s and 1950s. In 1959, the General Assembly organized a commission to design and fund a new, larger meeting place to accommodate the body, its staff, and improve the delivery of services to the legislators. Construction began in 1961 and

2698-420: The assembly cannot take effect until after a succeeding election. Each house of the legislature has eight leadership roles. The Senate's leadership is made up of the president of the Senate, president pro tempore , majority leader, majority whip, majority caucus chair, minority leader, minority whip, and minority caucus chair. Per the constitution, the office of president of the Senate is held ex officio by

2769-538: The century, the Democrats regained control of the state legislature (after a biracial coalition between Republicans and Populists had briefly held power) and passed laws to create barriers to voter registration through poll taxes , literacy tests and other devices. Applied subjectively by white administrators, these methods effectively disenfranchised most black people in the state. Black voters were eliminated by 1904. An estimated 75,000 black male citizens lost

2840-591: The colony's finances and used this as leverage by withholding salaries and appropriations, sometimes forcing the governors to compromise and disregard some of the Board of Trade's instructions. Particularly after 1760, the lower house increasingly viewed itself as the representative of the colonists' interests in opposition to the British Crown's interests as relayed by the governor and the council. Frequent tensions between Governor Josiah Martin —a firm supporter of

2911-462: The colony. There would be five provincial congresses. The fifth Congress approved the first constitution in 1776. This constitution was not submitted to a vote of the people. The Congress simply adopted it and elected Richard Caswell , the last president of the Congress, as acting governor until the new legislature was elected and seated. Per the terms of the constitution, North Carolina had

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2982-534: The congress passed a resolve to move loyalists while allowing them to dispose of their property. Later in May 1776, the congress passed a resolve to confiscate the property of those taking up arms against the United States. The following list shows the names of the delegates and the counties or districts that they represented: Notes: North Carolina General Assembly The North Carolina General Assembly

3053-423: The creation of the principle of one man, one vote , in 1965 a U.S. District Court panel ruled that the state's legislative districts were unconstitutional. As a result, in the 1960s and 1970s the legislature designed districts in a manner which significantly rebalanced the representation of the state in a more equitable manner. Henry Frye became the state's first black legislator in the 20th century when he joined

3124-610: The east side of the Chickahominy River in Virginia (near its confluence with Warrany Creek), and expanded that parcel in 1674. He also bought from Mathew Edloe 700 acres in James City County in 1668 and patented 960 acres in Lower Norfolk County (which became Norfolk County ) in 1672. In 1672, Drummond, Mathew Page I and Theophilus Hone received payment in advance after agreeing to construct

3195-433: The governor with the consent of the lords, and an elected assembly. It also stipulated that the assembly's consent was required for taxes to be levied and that vacancies in the assembly were to be filled by elections called by the governor and his council. A new royal charter for Carolina was granted in 1665 and required the forming of an assembly. After receiving his commission, Carolina Governor William Drummond summoned

3266-549: The house of Berkeley's supporter James Bray . After finding Drummond guilty of treason and rebellion against the king in a rapid trial at the house of his supporter James Bray , Governor Berkeley had Drummond hanged near Jamestown on January 20, 1677. Based on the treason conviction, Governor Berkeley confiscated Drummond's property before he sailed to England (where he died). However, Drummond's widow (and executor of his estate) Sarah, initially supported (with her five children) by Bacon's allies, demanded that Lady Berkeley returned

3337-710: The legislative services officer. Every legislator is assigned at least one legislative assistant or clerk, who manage legislators' schedules, relay communications with constituents, and offer advice on policy issues. Some legislators employ additional staff. The General Assembly's members and facilities are guarded by the North Carolina General Assembly Police . 35°46′59.53″N 78°38′20.24″W  /  35.7832028°N 78.6389556°W  / 35.7832028; -78.6389556 William Drummond (colonial governor) William Drummond (born c.  1617 , died January 20, 1677)

3408-639: The local court, Drummond had his indenture extended and received a whipping, but survived the experience. After his indenture expired, Drummond rented a parcel from Governor William Berkeley within the Governor's Land and became a successful planter and real estate investor. By 1662, he had married Sarah Drummond , who that year patented a half acre she had inherited from mariner Edward Prescott. Sarah also bore at least five children during her marriage with Drummond, as she cited in litigation following his execution, as discussed below. By May 1656, Drummond owned

3479-622: The lords. The lords could refuse to ratify laws and let them expire. From 1692 to 1712, North Carolina and South Carolina were organized as one Province of Carolina . The colony had one governor but North Carolina retained its own council and assembly. After 1731, the members of the governor's council were chosen by the Privy Council and were responsible to the British king. During the period of royal control after 1731, North Carolina's governors were issued sets of secret instructions from

3550-416: The meeting place for the General Assembly in 1794. It was enlarged in 1820 and burnt down in 1831. The North Carolina State Capitol was completed in 1840. The Constitutional Convention of 1835 retained the 1776 Constitution, but made several amendments to it. Going forward, the governor would be elected by the people, but the legislature elected all other officials, including US Senators. Amendments set

3621-514: The number of senators at 50 and the number of commoners (representatives to the House) at 120. Senate districts were no longer required to be limited to individual counties, but instead be coterminous with which counties were to be included in it and based on a judgement of approximate wealth measured by tax receipts. Sessions for the legislature were changed from annual to biennial. The terms of senators were also changed accordingly. In May 1861, at

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3692-401: The power to levy taxes and adopts the state budget. The constitution enumerates a unique procedure for the passing of revenue legislation; all revenue bills must be read three times with each reading occurring on a different day, journal records of votes must include the name of each legislator and how they voted, and all revenue bills must appropriate money for a specific purpose. The assembly

3763-642: The property. After Lady Berkeley refused, litigation evolved on both sides of the Atlantic Ocean. Contemporary accounts of the rebellion were written by Governor Berkeley, as well as by Ann Dunbar Cotton, the wife of John Cotton who lived on Queen's Creek in York County near Jamestown. Ironically, Drummond patented some land based on paying for the transatlantic passage of both Cottons. Ann Cotton may also have written and elegiac poem honoring Bacon. By 1693, Drummond's son and heir, William Drummond Jr.,

3834-639: The public can attend and observe sessions. Administrative support of the General Assembly is overseen by the Legislative Services Commission, a panel comprising five members of each house. As of October 2023, the assembly relies on over 600 support staff who work in the Legislative Building and the Legislative Office Building. Daily operations of the legislature's facilities are directed by

3905-571: The secret instructions—and the Assembly in the 1770s led the latter to establish a committee of correspondence and accelerated the colony's break with Great Britain. In 1774, the people of the colony elected a provincial congress , independent of the royal governor, as the American Revolution began. Inspired by the structure of the lower house of the general assembly and organized in part by House Speaker John Harvey , its purpose

3976-456: The sole power to propose amendments to the state constitution. If a proposed amendment receives the support of three-fifths of the House and the Senate, it is scheduled for ratification by a statewide referendum. State constitutional amendments and state legislative votes on the ratification of federal constitutional amendments are not subject to gubernatorial veto. The General Assembly's sessions are convened according to standards prescribed by

4047-428: The speaker of the Senate as that body's presiding officer and assumed the former office's role in succeeding to the governorship in the event it became vacant. Property qualifications for holding office were abolished in order to enlarge opportunity. Finally, the legislature made executive officers and judges subject to popular election rather than appointment by the legislature. It also reverted legislative sessions from

4118-472: The state constitution and state statute. The General Assembly meets in regular session—or the "long session"—beginning in January of each odd-numbered year, and adjourns to reconvene the following even-numbered year for what is called the "short session". Though there is no limit on the length of any session, the "long session" typically lasts for 6 months, and the "short session" typically lasts for 6 weeks. The legislature crafts its biennial state budget during

4189-643: The state of North Carolina, and elected their first acting governor in the fifth congress that met in 1776. These congresses paved the way for the first meeting of the North Carolina General Assembly on April 7, 1777 in New Bern, North Carolina . The Fourth Congress met in Halifax from April 4 to May 14, 1776. Samuel Johnston served as president, with Allen Jones as vice-president. The delegates authorized their representatives to

4260-457: The state's administrative bureaucracy. It can alter gubernatorial executive orders concerning the organization of state agencies by joint resolution. Its Joint Legislative Commission on Governmental Operations has the authority to seize state agency documents and inspect facilities of agencies and contractors with the state. All legislative committees are empowered to subpoena the testimony of witnesses and documents. The constitution allows for

4331-460: The temporary assembly divided the county into four precincts: Chowan, Currituck, Pasquotank, and Perquimans. The freemen in each county were to convene at the beginning of every year to elect five representatives for the permanent assembly. The first election occurred on January 1, 1668. While required to abide by the Concessions and support the interests of the lords proprietor, the assembly

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4402-491: The then-ungoverned colony (which would eventually become North Carolina ), as requested by Berkeley's fellow Lords Proprietor for that colony. Drummond became the new colony's first governor and summoned the first legislative assembly in Carolina in 1665. However, he criticized Berkeley's policies toward the Carolina colony, so Berkeley dismissed him and appointed Samuel Stephens to succeed him as governor. During Drummond's time as governor, he and several others went hunting in

4473-584: The urging of the governor, the General Assembly passed a resolution calling for the establishment of a convention to consider seceding from the United States. Later that month the convention met in Raleigh and adopted an Ordinance of Secession and adopted the Constitution of the Confederate States . The convention met several times from then until November 1862, during which time it served as

4544-491: The vote. African Americans were closed out of politics in North Carolina for decades, with most not regaining the ability to vote until after passage of the Voting Rights Act of 1965 , and federal overview and enforcement. Lillian Exum Clement became the first female member of the General Assembly when she joined the House of Representatives in 1921. Gertrude Dills McKee became the first woman to be elected to

4615-451: The words following that phrase being legally operative. The legally valid language of each passed bill is punctuated by the ratification certificate, consisting of the obligatory signatures of the presiding officers of each house. Most laws have an "effective date" which stipulate the time they go into effect. Those that do not have an explicit stipulation go into effect 60 days after the assembly's adjournment sine die . The assembly has

4686-757: Was a Scottish indentured servant in Virginia who became the first colonial governor of Albemarle Sound settlement in the Province of Carolina , but alienated Virginia governor William Berkeley , became a ringleader of Bacon's Rebellion and was executed after his capture. Drummond was born in Scotland and came to Virginia in 1637 as an indentured servant to Theodore Moyes. By 1639, Moyes sold his contract to another planter, Stephen Webb, whom some characterize as an "abusive master", from whom Drummond and several others ran away. Apprehended, tried and found guilty by

4757-441: Was completed by early 1963. The General Assembly held its first session in the new North Carolina State Legislative Building on February 6. In 1968, the General Assembly, in tandem with national trends towards state legislative professionalization, hired its first legislative services officer. For hundreds of years North Carolina's legislative representation was apportioned such that each county had at least one representative in

4828-414: Was powerful and largely left to manage itself. It decided the length and locations of its own sessions, when it adjourned, and its own quorum. It wrote laws, levied taxes, created courts, incorporated towns, determined the sites of ports and forts, regulated the militia, allotted land, and granted citizenship. Laws passed by the legislature held effect for 18 months and were sent to England for ratification by

4899-490: Was responsible for electing the governor, other executive officers, and all judges. The first North Carolina General Assembly was convened on April 7, 1777, in New Bern, North Carolina. It consisted of Senate with one member from each county and a House of Commons with two members representing each of the existing 38 counties, plus one member from each of some select "borough towns". Districts continued to be represented in

4970-540: Was to chose delegates to send to the Continental Congress . In addition to this, the congress adopted punitive measures against Great Britain for its Intolerable Acts and empowered local committees to govern the state as royal control dissipated. A second congress in April 1775 adopted additional economic measures against Great Britain, leading Governor Martin to dissolve the colonial assembly before fleeing

5041-405: Was to have the power to write laws with the approval of the governor, his council, and the lords proprietor. This system of government was ultimately never implemented in the area which eventually became North Carolina. In early 1665 the lords proprietor promulgated a constitution for Carolina, the Concessions and Agreement . The document provided for a governor, a council of six to 10 men chosen by

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