The Honble Col. Robert Quary from the Honble Thomas Harvy Deputy Governour and the Councill of the Province of North Carolina acquaints his Excellency and the Councill that the said Deputy Governour and Councill of North Carolina had received orders from England for surveying & laying out the bounds between this his Maj. Colony and Dominion of Virginia and that Province of North Carolina and that they would in a short time send some of the members of the Councill to this government to be joyned with such persons as should be appoynted here to lay out and settle the said bounds & prayed that his Excellency & the Councill would be pleased to appoint & empower such persons as shall be thought necessary for that service to proceed therein when those gentlemen shall arrive to which his Excellency by the advice of this Board did answer that the setling of the bounds between these two Colonyes is a matter of very great importance and publick concerne & most proper to be done by the advice & consent of a generall Assembly, that a Generall Assembly was to meet at James Citty upon Thursday the 27th day of Aprill next & therefore he desired that those gentlemen from Carolina would be by the 29th of the said month of Aprill and they might then be sufficiently empowered from that govermt to lay out and settle the said bounds.
His Excellency haveing received a letter from the Honble Thomas Harvy Esqr Deputy Govr of North Carolina dated the 16th day of Marchcy that he had appointed Daniell Akehurst Esqr & Capt. Henderson Walker members of their Councill to waite upon his Excellency with their charter in order to the setling the bounds between these two governments He was pleased to com̄unicate the same to the Councill and also to acquaint them that the said Akehurst & Walker were come to James Citty & desired that they would consider & advise what was necessary to be done in that affair and what method should be observed in treating with those gentlemen whereupon it was agreed and resolved that before any proceedings were entered into with them it was requisite and necessary to enquire how they were impowered to treat and conclude with any such persons as should be appointed by this governmt and particularly that it may be enquired of them whether their Governour was approved by his Majty and had taken the oath according to the Act of Parliamt of the seventh and eighth years of the reign of his present Majty entituled An Act for preventing frauds and regulating abuses in the Plantation trade & for their better satisfaction tis also thought necessary that his Maj. letters Patents appointing his Excellency Francis Nicholson Esq. his Lieut and Governr of this his Colony & dominion of Virginia be communicated to them and in order thereunto the Clerk of the Councill is directed to waite upon them and desire them to be at the Councill Chamber this afternoon.
His Excellency and the Councill being acquainted that according to their desire Mr Akehurst & Capt Walker were in the Hall ready to wait upon them the said Akehurst & Walker were desired to walke up into the Councill chamber whither being come his Excellency laid his Com̄ic̄on before them that they might be satisfyed he was fully impowered to act under his Majty as Lt. & Govr Generall of this his Maj. Colony & dominion of Virginia and desired to know of them how they were impowered to act in the affair they came about, whereupon they produc'd a Com̄ic̄on under the hand and seale of Thomas Harvey Esqre Deputy Governr of North Carolina which being read His Excellency caused the Act of the seventh and eighth years of the reign of his present Majesty to be read and desired to know whether the said Deputy Governor was qualified according to that Act to which they answered that he was not approved of by the King as that Act directs then his Excellency desired them to withdraw and he would advise with his Majtys Honble Councill what was proper to be done and acquaint them therewith and accordingly they withdrew.
Then the Councill entered upon the debate & consideration whether it was convenient to treat any further with those gentlemen from North Carolina and forasmuch as it appears that the Governour by and under whome they are com̄ic̄onated is not qualifyed according to law the Councill are of opinion that he cannot give sufficient power to any persons to act under him in this affair and to make a finall conclusion and determination thereof and therefore it is not convenient to proceed any further therein at this time but that the Govr of North Carolina be desired to procure sufficient power and instructions from England for settling the bounds between these two Governments as soon as may be and that there may be the less trouble hereafter, when it is to be done if Mr Akehurst and Capt. Walker will agree thereto, It is thought convenient that the Charter of the Proprietors of Carolina be recorded in the Secry's office and accordingly the said Akehurst and Walker being called in and acquainted with the proceedings of the Councill herein they consented to the recording their Charter and having told his Excellency they would wait his commands by a letter to their Governr they withdrew
Ordered that the Clerk of the Councill doe prepare a letter from his Excellency To the Honble Thomas Harvy Deputy Governr of North Carolina acquainting him with the proceedings of his Excellency and the Councill with the Gentlemen from that government and the reasons they have proceeded upon, And also to signify to him his Excellency's power of making a Judge and other Officers of the Court of Admiralty in that Province, that accordingly they are appointed and if there be any occasion for a Court to be held there that his Excellency should be acquainted therewith in order to his giving such directions therein as are necessary.
A letter from the Honble Thomas Harvy Esq Deputy Governor of North Carolina to his Excellency the Governr of Virginia
May it please yor Excellency
My honored friend Coll Quary hath given me account of yor Excellency's readiness to concur with us in the setling the bounds between this government and Virginia and also of yor Excellency's offering all offices of kindness and good neighborhood towards us for which I shall at all times be ready to express my thankfullness and to concur with yor Excellency in any thing that may prosecute the same In answer to Yor Excellency's Order of Councill I have with the advice of the Councill appointed the Honble Daniel Akehurst Esq & Capt. Henderson Walker members of the Councill to waite upon Yor Excellency with the CharterYor Excellency's
Humble ServantTHOMAS HARVY
March the 18th 1698(-9.)To His Excellency Francis Nicholson Esq.
his Maj. Governor of Virginia
Copy of their com̄ission.
BY THE HONble THE DEPUTY GOVERNOR
In pursuance of an Order of Councill bearing date the 16th day of this instant month of March I doe hereby com̄issionate and appoint you Daniell Akehurst Esqr & Capt. Henderson Walker on behalf of this Governmt to go to James Citty in his Maj. Colony of Virginia to treat conclude and agree with that government concerning the laying out and setling the bounds between this Province of Carolina and his Maj. Colony of Virginia aforesaid according to the charter granted to the Lords Proprs of Carolina hereby fully authorizing you & impowering you to proceed there by such ways and methods as you shall see convenient Given under my hand and seale the 17th day of March in the eleventh year of the reign of our Soveraigne Lord William the third King of England &c. Annoque Dni 1698(-9.)THOMAS HARVY
A letter from his Excellency the Governor of Virginia to the Deputy Governour of North Carolina
Virginia James Citty May 3rd 1699
I received yours to me of the 16th of March last in answer to an Order of myself in Councill dated at James Citty the 24th day of February last transmitted unto you by Coll Quary pursuant also to what you advise in that letter upon the 28th of the last month arrived at this place Mr Akehurst & Capt. Walker the gentlemen appointed by you & the Councill of your Province to agree upon & settle the bounds between His Maj. Colony & Dominion of Virginia & yor said Province of Carolina I shall at all times be very ready to doe anything that is requisite onble Councill of State for this his Colony and Dominion of Virginia that I cannot safely Com̄issionate any persons to treat with the Gentlemen from your Province about this affair We have not any designe of delaying soe good a worke but we are desirous that when it is done it may be effectuall and valid in all time comeing and that we think the Gentlemen appointed by you are not sufficiently qualifyed to doe. Our reason for this opinion is grounded upon an Act of Parliament of the 7th & 8th years of his present Majty entitled An Act for preventing frauds and regulating abuses in the Plantation trade which I have given to the gentlemen for your more particular satisfaction herein By this Act it is enacted that all the then present Governors or Com̄anders in chiefe of any English Colonys or Plantations shall before the 25th day of March 1697 take a solemn oath &c. as in the said Act is more at large directed and by another clause in the said Act it is directed that all Governours nominated & appointed by any persons or proprietrs who shall be entituled to make such nominac̄on shall be allowed and approved of by his Majesty his heirs & successors signified by his or their Order in Councill and shall take the Oathes enjoyned by this or any other Act to be taken by the Governours or Com̄anders in Chief in other his Maj. Colonys & Plantac̄ons By this Act you may please to observe it is required that you be approved of by His Majty to be signified as is aforementioned and that you likewise take the said Oathes before you can be sufficiently qualifyed to execute the Office of Governour or Com̄andr in Chiefe of any Propriety And forasmuch as it doth not appeare that you have complyed therewith we are of opinion that it is not convenient with us to treat with any person or persons by you appointed to agree upon and settle this affair between these two Colonyes Therefore all further proceedings therein must for the present be suspended untill you can give an account thereof to those persons for whome you are concerned and shall obtein such approbation & qualifycation as by the Act of Parliament aforementioned is directed and required I on my part shall take care that our proceedings herein may be laid before his Majesty for his further com̄ands thereupon And I hope by the next fall to receive such directions as shall be thought necessary I desire likewise that you on your part will take care to obtaine such qualifycations and Instructions as are requisite for you By the consent of Mr Akehurst and Capt. Walker I have caused the exemplificac̄on of your Proprietors Charter to be recorded
I must further acquaint you that by a Com̄ic̄on under the Great Seale of the High Admiralty of England dated the 26th of June in the yeare 1697 directed to Sir Edmond Andros Knt his Maj. Lieut and Govr Generall of Virginia and to his Maj. Lieut. and Govr Generall of Virginia for the time being His Maj. hath been pleased to grant to the said Lieut and Govr Generall of Virginia for the time being power and authority to appoint Judges Registers Marshalls and Advocates for the Admiralty Courts of Virginia, Carolina & the Bahama Islands by virtue of which said Com̄ic̄on the said Sir Edmond Andros by severall Com̄ic̄ons did appoint the Honble Edward Hill Esqre Judge Miles Cary Gen Register, Michael Sherman Gen Marshall and John Taylor Gent. Advocate of the Court of Admiralty in this his Maj. Colony and Dominion of Virginia and the Province of North Carolina and I herewith send you copyes of the said severall Com̄ic̄ons for your better informac̄on therein and I doe recom̄end the same to your care that when any matters shall happen requireing the presence & service of the said Judge and Officers you will give me tymely intimac̄on thereof that I may give such directions as shall be necessary therein which is all at present fromYor affecte friend and
humble servantFR. NICHOLSONFor his Majties
speciall serviceTo the Honble Thomas Harvy Esqre
Deputy Governor of his Maj.
Province of North Carolina
Mr Thornburgh attending as he had been desired and being asked about the present Governor in Carolina, how it comes to pass that he has not his Maj. approbation as required by the Act for preventing Frauds &c He said the present Governor is not so by virtue of any Commission or Deputation from the body of the Lords Proprietors but only by virtue of the Constitution as being a Proprietor himself But that the Lords Proprietors are thinking to depute one ere it be long