Sir, [Gov. Gab. Johnston]
I apprehend your Excellency has been apprised of Captain Rowans taking out an action against me for three thousand pounds Proclamation. Your Excellency perfectly well knows that the Survey was made by Captain Rowan without any orders from me, and contrary to the notice I had given your Excellency on that head; Therefore I hope your Excellency in this case, where you must be acquainted with the injustice of the prosecution will interpose and grant me such relief as I am entitled to; both by the laws of England and common justice. Captain Rowan by the return he has made of the Survey declares that those lands were surveyed by him for the use of Murray Crymble and James Huey, and by his letter to them (which I have now in my possession) dated the 19th of August 1738, writes to them that he will have nothing to do with me as paymaster, and he also incloses them an account sign'd by himself, in which he charges them with the Fees and all the other expences attending the said survey. Upon which I shall only beg leave to remark, that if I had, as Captain Rowan alledges, been the principle in this Grant, and that he had made the Survey at the request of the Trustees, He has no action of Law against me; But as the case stands that he had no order from Murray Crymble and James Huey, or from me, for the making the said Survey and that he has barred the Gentlemen concerned from one of the most essential priviledges granted them by His Majesty; in choosing in what proportions they would have the lands run out on Pedee, Cape Fear and Nues Rivers; I conceive rash as he is, he would never have taken out an action, without having an opinion, some act of power would be exercised against me; Captain Rowan has often made mention of the Contract that was depending, between Mr Dobbs and me; as to that affair I beg leave to assure your Excellency that I never sold Mr Dobbs any lands that was included in his Survey, but only a proportionable part of my right to such Lands as I was entitled to, by His Majesty's Order of Council.
Mr John Rice by his letter dated the 27th of November 1743. having advised me, that your Excellency had refused your testimonial to the