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Letter from Henry McCulloh to the Board of Trade of Great Britain
McCulloh, Henry, ca. 1700-1779
July 27, 1744
Volume 04, Pages 666-668

[See North Carolina Council Journals of 16th November 1743.—Editor.]

To the Commissioners

May it please your Lordships [of the Board of Trade]

I humbly apprehend that from the several remarks, I have made upon His Majesty's Order of Council dated the 19th day of May 1737. It will appear evident to your Lordships that the Surveyor had no power to run out the lands therein directed, untill he had first obtained from the parties concerned notice in what place to begin the said survey and in what proportions the same was to be made; And that the unwarrantable steps that have been taken by the Governor and Surveyor is the only cause of delay that is given in the executing his Majesty's Orders; All the Gentlemen concern'd to my certain knowledge being extreamly anxious to forward the settlements of their lands agreable to their engagements with the Crown, and in order to facilitate the same they thought proper to order Murray Crymble and James Huey to vest the whole of the property in me, and afterwards took defeizances from me, to make the Associates out their proper shares in pursuance of what was then agreed amongst ourselves; But upon Captain Rowan's having surveyed the Lands contrary to the intention of the Gentlemen concerned several of the Gentlemen desisted from prosecuting the affair; And have not reimbursed me one farthing of the sums I advanced in order to forward the settlement; Captain forms his action against me upon this point; and would have me understood as the principal in the Grant; But if it really had been so (as I most solemnly declare I was not at the time His Majesty's Order of Council was made out) he has no action at Law against me, as the Survey made by him is in all respects inconsistent with His Majesty's Order in Council; then he has made the return of the Survey in the name of Murray Crymble and James Huey, and at the foot of the Plats returned by him declares he surveyed

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the said lands for their use & account, and also having sent them an account sign'd of the charge of the Survey and by the letter conveying the said Account and Plats, and writes them that he will have nothing to do with me, but insists on them for payment; From all which I humbly conceive it appears evident that those acts of power and violence that are exercised against me at present, proceed from an opinion that as I have not been hitherto supported in the exercise of my duty, as Commissioner of the Quitt Rents that they may let loose their resentments upon me in what manner they please; as even to deprive me of my property and my freedom; The Laws of this Province have never as yet been properly established; And in too many instances actions at Law are determined by faction and prejudice; And from this consideration I have but a melancholy prospect; without your Lordships will be so good as to interpose in recommending me to His Majesty to grant a Commission to examine into the Governor's and Captain Rowan's proceedings in relation to His Majesty's Orders of Council dated in April 1736 and May 1737.

I am sensible that Commissions of this nature ought not to issue but upon extraordinary occasions; And I conceive there never was greater necessity for it than at present; I have transmitted to Mr Houson a Copy of the Agreement entered into between Captain Rowan and Mr Woodward, and sworn to by Mr William Houston, it appears by the said Agreement that Capt: Woodward was only a nominee for the Governor the consideration for which Rowan engaged to pay a moiety of his Salary and fees; being in consideration of his appointment as Surveyor General, and also that he might by that means induce the Governor to deliver him His Majesty's Order of Council; The uses always follows the consideration or value given and in this case it is the same as in a Bill of Exchange, where the value is said to be received of A and the Bill is made payable to B, the B. receives the value it is always deemed and taken to be for the use of A. I have inclosed your Lordships a Copy of a letter to Governor Johnston giving him notice of my intention to apply to His Majesty for a Commission to examine evidences, as it relates to the proceedings had in relation to His Majesty's Orders of Council dated in 1736 and 1737. I have been informed lately Captain Rowan has preferred a writing to the Governor in Council,1 in which he has treated me in a very indecent manner without his being able to produce one evidence to support his charge, Yet notwithstanding of this, the Governors partiality has been so great as to allow him the sanction

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of the seal of the Province to be affixed to the said writing, without their ever giving me notice of it; And altho' I have several times demanded a Copy of it since, under several pretences and delays, I have not been able to procure it; However I am satisfied as I am perfectly secure in my innocence and with great justice can defy them and all mankind to charge me justly with having acted anything contrary to my duty since the time I received the honour of His Majesty's Commission.

I am with great submission. May it please your Lordships
Your Lordships Most, &c.,
HENRY McCULLOH.

Cape Fear 27th July 1744.

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1 [See Council Journals, A. D. 1744—Editor.]