Elizabeth Martin Administratrix on the personal Estates of Adam Ferguson Sen & Junr deceased appeared and tendered John Petman and Robert Wallis as her Securities which are deemed sufficient
On hearing the Caveat Benjamin Bunn against the Secretary's issuing a patent granted to John Weaver Junr
Ordered that the said Caveat lie over till the 16th April next and that the parties examine evidences before some Magestrate in the respective Counties they reside and that the patent be not compleated until said Caveat is determined
Ordered that a Warrant granted in the Name of John Durham for 200 Acres of Land in Dobbs County be altered to James Durham it having been made out in the name of John thro mistake.
Ordered that a patent granted to William Wilkinson in the year 1729 be Recorded in the Secretary's Office it being Indorsed Recorded by J. Lovick Secretary but on examining the Records it is not to be found
Read the Petition of Sarah Bond setting forth that her late husband Vineyard Bond obtained his Excellencys Warrant for 640 Acres of Land in Beaufort County which has been duly executed and returned into the Secretary's Office and that the said Vineyard Bond by his late Will and Testament bequeathed the said Land to the petitioner the petition therefore prays a patent issue for the said Land in her own Name Granted
Ordered that a proclamation issue for Quelling the Riotous disorders in the Western frontiers of this Province
The Honble Richard Spaight Esqr signed for His Excelly by order Thirty two blank Letters Testament three Military Commissions for Orange County, Nine Patents passed this day as p Patent Book Warrants from No 140 to 169 as p Warrant Book.
The Honble Henry Eustace McCulloh Esqr left his seat at the Board and presented the following Memorial Vizt—That the Memorialist is intitled to 37,500 Acres of Land in Anson County by virtue of several Grants under the seal of this province bearing date the 3d Day of March 1745 and passed in pursuance of His Late Majesty's Order in Council dated In May 1737 subject to the conditions of settling one white person for every 200 Acres and that all such parts as should not be so settled should revert and be surrendered to the Crown
That the Memost Father (for whom the Memols is fully impowered to Act) is in like manner intitled by sundry Grants passed and dated as aforesaid in his own name and others in trust for him to 180,000 Acres of Land in Anson County aforesaid subject to the Conditions aforesaid
That the Memost said Father is also intitled to 71,160 Acres of Land in Duplin County by Virtue of a Grant passed as aforesaid under the Seal of this province and dated the third day of March 1745 subject to the condition of settling one white person for each 440 Acres and of forfeiting and surrendering all such parts thereof as should not be so settled
That the Mems Sister Penelope McCulloh is also entitled to 12,500 Acres of Land in Anson County aforesaid subject to the conditions of the Mems grants.
That John Campbell, of this province Esquire (for whom the Memst is fully impowered to Act) is likewise intitled to 12,500 Acres of Land in Anson County aforesaid and subject to the like conditions.
That Joseph Robson and Joseph Willcocks as Trustees to thet (for whom the Memst is fully impowered to act) are also intitled to 50,000 Acres of Land in Anson County aforesaid subject to the like conditions.
That in all and every of the before mentioned Grants is included an exemption of Quit rents for the Term of Ten Years from the date thereof
That in October 1756 His late Majesty by his Order in Council was graciously pleased in consideration of the heavy and unlooked for obstructions the patentees had met with and the Indian Warr to direct your Excellency to defer Carrying into execution the 84th Article of your Instruction relating to the taking possession of the unsettled Lands for the use of the Crown until the 25th Day of March 1760 and thereby graciously indulged the patentees in a further term of carrying the settlements of their Lands untill the 25th day of March 1760 and consequently with an Exemption of Quit Rents till that time
That His Excellency is directed by His Majesty's Instructions to maintain and support patentees in their just Rights and to resume for the use of the Crown all such parts of the Lands granted to the late Murry Crymble and James Huey and their Associates (of which the Lands mentioned in this Memo are part) which should not be Settled according to the conditions of the Respective grants on the said 25th day of March 1760 and as the Memors and the rest of the patentees herein named are humbly desirous of Acting in such manner relative to the return of the Settlement and surrender as may best shew their readiness to comply with the conditions of their Grants and their duty to the Crown.
The Memst therefore as well in behalf of himself as of the other patentees herein mentioned Humbly prays that His Excellency in Council would be pleased to give them such Directions relative to the Mode of making a return of the settlements and effecting a surrender of the unsettled Lands as to your Excellency in Council shall seem meet, and the Memst likewise prays that he and the rest of the patentees herein named may meet with support from your Excellency in their Just Rights against any obstructions which may be given them and particularly against those riotous and alarming encroachments that have been made and are still making upon their property by persons acting or pretending to Act under the sanction and Authority of the Governor of South Carolina and for such furthery in Council shall seem meet And the Memst prays &c.
Which being taken into consideration
It is ordered that proper directions be issued by His Excellency to Colo Nathaniel Alexander of Mecklenburgh County and John Frohock Esqr of Rowan County to take an account of the number of White persons male and female young and old which were without Fraud resident upon each of the said Grants, particularly on or about the Twenty fifth day of March 1760 and that they do return the said account under their Hands and seals and certify the same unto His Excellency in Council upon their Oaths as soon as the Nature of the Affair will permit provided that such return be made before the 25th day of March 1764 and that the expence of taking such account and making the return should be paid by the Grantees—And it is further Ordered that upon such return made and certified the Grantees should by good and sufficient deeds in Law surrender their Several Grants to the Crown after properly excepting and reserving all such parts and proportion of the same as they may severally appear intitled to on such return.
Several Warrants and patents were Read and Granted as per Warrant and patent Books.
The Honble James Hasell, John Rutherford, Lewis De Rossett, Richard Spaight, John Sampson, Henry Eustace McCulloh and Alexander McCulloch Esqrs Qualified to the General Commission by taking the Oaths by Law appointed for their Qualification and took the following Oath—Vizt
You and each of you shall swear that you will well and truly Exercise the several powers vested in you as Conservaters of the peace by His Majestys General Commission, and that you will in all things according to the best of your skill and ability act justly and impartially and according to Law in the said office So help you God.
Ordered that a Commission of the peace and Dedimus issue for the County of Pasquotank.
The Honble John Rutherford and Henry Eustace McCulloh Esqr the Committee appointed to prepare a Representation to His Majesty in Council in Relation to the Dispute with South Carolina presented a Representation on that Head which being Read was unanimously agreed to and stands as follows.
To The Kings Most Excellent Majesty in Council
The Humble Representation of the Council of the Province of
Your Majesty's Governor for this province having laid before us a Letter from His Excellency Governor Boon wrote with the advice and Consent of the Council wherein he has Charged him with Creating disturbances between this province and that of South Carolina and declares that he shall immediately lay the same before your Majesty's Commissioners for Trade and Plantations which charge we apprehend arrises only from Governor Dobbs legal endeavours to quiet the Associates of Huey and Crymble in their possessions in this province in Consequence of and obedience to the Instructions he has received from your Majesty and your late Royal Grand father, and likewise the several Letters which have passed between Governor Boon and him upon that Subject and a letter from Governor Littleton all which Letters are herewith annexed and to which we most humbly beg leave to Refere
We think it encumbent upon us as well in support of Government and the Rights of this province to the Lands in the County of Anson as in regard to the patents Granted in the Year 1745 in Consequence of his late Majesty's Order in Council dated in 1737 most humbly to represent to Your Majesty in Council the light in which these affairs appear to us as also the Causes of these disturbances which have of late been set on foot between the two provinces, and from thence most humbly to Observe upon the Necessity there will be of setling equatable Boundaries between your Majesties three provinces of North and South Carolina and Georgia as soon as a Glorious peace which we flatter ourselves is approaching will afford your Majesty leisure to give your Royal and paternal attention to these matters
We therefore in support of the Rights of this province with all Humility further represent to your Majesty.
That in the Year 1737 agreeable to his late Majesty's Instructions Robert Halton, Matthew Rowan and Edward Moseley Commissioners for this province and N. Skine, Jam. Abercrombie and William Walters, Commissioners for South Carolina appointed in pursuance of said Instructions to fix upon and run a dividing Line between the two provinces actualy met and run the said Line from the Mouth of Little River a North West Course about the distance of forty five miles, when according to agreement the Course was altered and the dividing Line continued a due west Course to Little Pee Dee River to a Marked Pine.
That it appears upon the Council Journals of this province that Mr. Johnston your Majestys late Governor for this Province did by a Letter to the then Lords Commissioners for Trade and plantations dated 13th June 1738 press the Settling and adjusting of that Boundary Line and that their Lordships by their Letter in Answer thereto dated 12th September 1739 declared that no application had been made in behalf of South Carolina in Relation to that affair but when there was they should take the same unto their consideration and he should be acquainted with what was done in it
That nothing further appears since to have been done relative to this Boundary Line except that the same has been continued in a due west Course from the aforementioned marked pine about the distance of 20 miles to Pee Dee river by private persons acting without any authority from either Government which Boundary Line as far as it has been extended as before mentioned has remained till very lately as the undisturbed limits of the two provinces and as such observed by the adjacent inhabitants; and it is generally allowed that the said Boundary Line if continued a due west Course would run about 15 miles to the Southward of the Catawba Nation and Strike Savannah River in Georgia about 30 miles above Augusta.
That we apprehend the disturbances which at present subsist take their rise from a Lawless set of men who have forceably possessed themselves of Lands Patented in this province as long ago as the year 1745 and who avail themselves thereof to avoid the payment of their debts and Taxes in both provinces by alternately claiming the Bounds and protection of one or the other as best serves their Turn and we are sorry to be obliged to observe to your Majesty that we cannot imagine they would have persisted to insult and abuse your Majesty's Governor and maltreat the Officers of the Crown in the contemptuous and open manner they have done did they not meet with an undue support from some of your Majestys Officers in South Carolina and on this head we most humbly beg leave to refer your Majesty to the annext information.
We further beg leave most humbly to represent to your Majesty in Council that upon Governor Dobbs appointment the then Lords of Trade observing that the late Governor Johnston had Instructions to have the Boundary between the two provinces run, beginning within 30 miles of the source of Cape Fear River to the sea it not having been considered that the source of that River was but a few miles from the Virginia line and consequently that such a diversiono province and we have the greatest reason to hope this division may take place as there is the greatest probability of the Cession of Florida upon a peace on which Case the whole Lands within the Charter of the two Carolinas may be equally dividing between them and Georgia
We further beg leave most humbly to represent to your Majesty in Council excepting those Lawless people who are settled upon Sugar and Reedy Creeks and have been before mentioned as the Cause of those disturbances it would be far most easy and agreeable to all the North East side of the present Boundary Line to remain annext to this Government as by our Constitution they can have Justice administered at their doors whereas if they should be annext to that
For these several Reasons and to put an end to these unhappy disturbances which at present subsist between the two provinces
We most humbly pray your sacred Majesty in Council that you would be pleased to approve of the plan set down in the representation above mentioned or that you would be graciously pleased to direct that the old Boundary line so far as it has been extended to the pine tree before mentioned may be fixed and remain the Boundary between the two provinces and that the said Line be continued a due west Course in the Lat 34° 38′ to Savannah River
All which we most humbly submit to your Majestys Royal Consideration
And (As in duty bound) shall ever pray and signed by Jas Hasell, Jno Rutherford, Lewis De Rossett, Richd Spaight, John Sampson, Henry E. McCulloch and Alex McCulloch.
I have Received by my new Instructions from His Majesty, Orders to quiet the Associates of Murry Crymble and Huey in possession of so much of the Lands granted to them by the Crown in 1737 for which they took out patents from the Crown as lay in his Majestys District South of Lord Granvilles Line the whole consisting of 1,200,000 Acres 850,000 of these being within the Kings District, Mr. Selwyn and I had purchased four of these 100,000 Acres Tracts of the whole Survey and by the late Kings Order In Council the late Governor had them surveyed and patents of 12 500 Acres each were passed to us by the said Order in 1745 since which we have been in possession and many persons have been Seated on the said Lands, but as his Late Majesty indulged us in not paying Quit rents untill 1760 upon Account of the Wars on this Continent and particularly upon Account of the Cherokee Warr which made most of the settlers quit their Settlements, we Charged them nothing for their Lands nor insisted on their payments for the purchase of their Lands
Upon our sending up at this time to survey what had not been surveyed before I found Several of those pretend they belong to the South Government upon account that the Boundary Line has not been fixed and say they have lately taken out Grants from your Government, and have threatened the Surveyor whom I sent to
As therefore these Lands have been granted to me by the Order of his late Majesty in Council surveyed and patented in this province in 1745 I have an undoubted right to them whatsoever province they shall be in when the Line is determined, and since they have always submitted to the Laws of this province till lately and had paid Taxes before these late Confusions in this province, as these late Years Persons whose names I give below, alledge that they have been done at Charles Town or some person delegated from them and give out that some of your Council support them in contesting my right
What I have to desire of your Excellency is that you will not countenance them in riotously contesting my private right which will be ascertained to me by His Majesty in whatsoever province they should be when the Boundary Line is fixed besides by supporting these rioters and elude the Laws and Taxes in each province by alledging as it answers their purpose that they belong to neither or either province
Your Compliance with this request can be no prejudice to your Province but may be of Consequence to Mr. Selwyn and me in our private rights and may preserve peace and harmony between the provinces and friendship between us which I shall be always desirous to Cultivate I am with due EsteemYour Excellencys Most Obedient Humble Servt(Signed)ARTHUR DOBBS
May 17th 1762 No Carolina BrunswickTo Governor Boone [of South Carolina]The Names of the persons mentioned above are James Loost, David Adams, Andrew Logan, Patrick Gibson, Benjamin Patten, John Logan and Moses Shelly
I worte to your Excellency by a private hand Mr. Smith before I left Brunswick for this place but it might miscarry, I herewith send you a duplicate of it
Upon the Accounts I had received of the riotous behaviour and arrogant Speeches these men had expressed I thought it my duty in obedience to his Majestys Instructions of quieting the Associateso Harris before that he would take him prisoner tho a Justice of the Court, and carry him by force to Charles Town for assisting me in running my Lines and surveying my Lands in their possession upon which they appearing while we were sitting on the Ground at Breakfast Colo Harris mounted his horse by the time they came up and expecting to be attacked desired the Gentleman with me to lend him one of his pistols to defend himself if attacked upon their coming up without more ado one White who acted as constable appointed from Charles Town seized upon him on horse back and Loosh who was on foot seeing the pistol in his hand, called out he has a pistol and laid hold of it and forced it from him, upon which I went up and asked him how he came in so riotous a manner to seize a Gentleman in my presence and Company employed in my entering and had been recommended by him. Mr. Harris charged him said Loosh to tell him what he had to lay to his Charge and to try him there and to Bail him or commit him immediately. He said in my hearing he had nothing to say against him but he should be tried before another Justice. I then asked him what power he had thus to oppose and insult me and he said he had a power from the Governor and Council of South Carolina. I said it was false and desired him to produce it he said he had it not about him but had the insolence to say if I would attend him to his house he would show it to me.
They went off in Triumph Carried off a Magistrate of Anson County in this province in his own County under pretence that it was part of the South province forcibly carried away the Gentleman'spistols and the Constable without any Warrant detained him prisoner 6 or 8 hours though Justice Wyly declared when he went to him that he had nothing against him nor ever heard of any thing he was ever charged with upon which he could be committed and said he would not concern himself with it pro nor con notwithstanding which the Constable still detained him and sent to Justice Loosh to bring his warrant against him which after several Hours he did and carried with him an old torn paper which he said was a Warrant which had been taken out some time ago wherein one McFerran (who had forcibly possessed a plantation I had promised to sell Colo Harris) that 3 years before that time the woods had been set on fire which spread towards his house and frightened his Wife so thato Harris to drive him out of the Land, And this appeared to be the only pretence they had for insulting and affronting me, and taking him prisoner and carry from my Company and Service, and after threatening him with a mittimus in hopes that he would promise to desist from any pretentions to that mans possessions unjustly detained from me, thus at last thought proper to dismiss him having as they thought gained their point by insulting and affronting me.
Upon the whole I find he is a head strong self conceited person of no property but the Lands he unjustly holds from Mr. Selwyn and me unjustly and violently under a pretence they belong to South Carolina, and that their whole power and opposition proceeds from Mr. Simpson who is Clerk of the Council of your province who is their Chief Supporter and adviser in taking out patents for our Lands and although they publickly to add to their party give out that they have publick encouragement from many in the Council and sometimes say from the Gov and Council to take out patents for our Lands, tho I am credibly informed that the whole proceeds from the false information they have received from these dispecable rioters to gain their ends, and that the Warrants of Survey are only to be executed upon vacant Lands not before surveyed patented by his Majesty and to show how surreptitiously these Southern Surveys and patents have been procured it is evident that many Lands have been patented and possessed many years several miles to the Southward of our Lands and above 70 Miles to the Westward undisturbed and have always been reputed of this province and answered in all affairs Civil and Criminal in the County of Anson since divided from Bladen County and no disturbances given except to us on our patented Lands
It may therefore be proper to Inform your Excellency and the Gentlemen of your Council of the cause of these disturbances. Sometime after my coming over Governor, in the year 1755 I came up to this County to dispose of my Land upon which several Occupants were Settled without Titles and upon surveying and fixing the Lines of one of my large tracts before the 2d Tract was finished Gen1 Braddocks defeat hurried me down from hence I had treated and agreed with several of the occupants and decided where disputes arose in favour of the first occupants and I decided one plantation in favour of one McHue against one Mr. Laverty upon this Laverty exasperated went down to Charles Town and applied to Governora from this Province as all others did and do still, who are to southward and westward of our Lands. I will now shew the unreasonableness of supposing these lands in our Grants to belong to the South Province and that the line when divided by his Majesty will run considerably to the southward of this parallel it has been the Established maxim of his Majestys Council in England, that all the Collonies from the most Northern propriatory Governments should have their Limits fixed by parallels of Latitude or by Rivers which had a direct Eastern Course, Thus Pensilvania is separated from New York to its Western Limits Maryland from Pensilvania, Virginia from Maryland by the Potomack to its Spring Heads, Thus the Original and 2 Charter of the Carolinas were divided by a parallel of Latitude 36° 30′ and the So Boundary 29° in which St Augustine is included Thus Lord Granvilles District is divided from the Kings district in this province by a parallel of 35° 34′ No Latitude
Now the South Government would claim a North west Limit between these provinces upon account of a former Instruction to the late Governors Johnston and Glenn which was set aside by his Majesty upon a Representation of the Board of Trade setting forth that the Board of Trade had been mistaken being ignorant of the Course of the North West Branch of Cape Fear River apprehending that River had run a direct Course east as the Roanoke andd it seems highly reasonable that our Line should extend a degree further to the Southward as your Southern Line would then be extended into Georgia
I am therefore of opinion that as the Lands in our second Charter extends 2° 30′ will be granted to each Province Georgia from 29° to 31° 30′ South Carolina from 31° 30′ to 34° and North Carolina from 34° to 36° 30′ the Virginia Boundary Line this will probably soon be our fate when all shall be gainers why should we litigate for a trifle only to confound private property or why should the Letters that passed between Governor Lyttleton and me as Governors about not molesting the occupants upon account of Taxes and provincial rights while out upon the Cherokee expedition be interpreted by Mr. Simpson so as to molest and deprive me of my private property that I may not appear envious. I forbear to mention the vile methods they have used which can be supported by many affidavits to intimidate their peaceable Neighbours and enduce them to join in their party to oppose our title to our Lands by skreening their Associates from Debts and Taxes and Submission to our Courts and Laws and by their disobedience in not attending the Summons asI am with due regard,Your Excellency's &caA. DOBBS.
No Carolina July 5th 1762—Anson County.To His Excellency Ths Boone Esqr
After writing my Letter of yesterdays date to your Excellency Mr. Samuel Wyley arrived here and informs me he had directions from Mr. Bull to run out Lines of the Lands allotted for the Catawba nation a tract of fifteen Miles square commencing at the Southward from 12 miles Creek to the Northward 15 miles from East to West 7 Miles and half on each side of Catawba River pursuant as he says to an agreement made with the Catawba Nation about a year ago between Mr. Atkins agent for Indian affairs with King Haglar, and Haglar with these Indians have arrived here the same day upon the same Account
It does not a little surprise me to find that Mr. Atkins should peremptorily have taken upon him to have fixed so large a Tract of Land to them without first acquainting me with it as there is the highest probability that all these Lands will be within this province by the parallelled Lines which will determine our Boundary without even shewing his power to me of determining it without His Majesty's
These are my present thoughts as I have none of the Council to consult which I hope will meet with your approbation asYour Excellencys &caA. DOBBS
No Carolina Anson County July 6th 1762To His Excellency Ths Boone Esqr
No Carolina Brunswick Aug 28th 1762
I received your Excellencys Letter of the 23 July by Capt Ellis in Answer to my several Letters as I cant summon a Council upon it without sending Messengers near two hundred Miles to make a sufficient Number I can only Answer such parts of it until our next Council meets at next Superior Court and Court of Claims when they must attend, and therefore shall pass slightly near what Concerns the Catawbas Claim till we meet but think your Claim on Account of the Indians is much too extensive as almost all the Lands we possess in America ought to have been purchased from them, but I think no occupancy gives us a right to what they dont cultivate or inclose for if a Liberty of hunting upon unimproved Lands gives them a Title we ought to quit all our Lands to them for they hunt down to the Sea coast nor can I allow of Mr. Atkins Settlement of their Lands untill his Commission is produced and Registered in this province otherwise any one may pretend to have a Commission or exert powers never Granted to them which it is every Governors duty to disallow till produced, and therefore I have a right to see it before I can submit to it at the same time I am far from doing real prejudice to the Catawbas or entering upon their Burial Grounds which ought always be Excepted
As to what Concerns me as Governor for the Insult offered to me in this province upon the Frontiers had they been disputable I shall only say had your Excellency been so insulted in this province had you entered it I should upon your application immediately turned out such a Magistrate without any furthur enquiry and much more so when such Justice has no Lands in either province by any title from the Crown but what he holds by force in Lands patented by Order from the Crown to Convince you that your Council has been imposed upon by being made believe that an agreement hadI am with due Esteem—Sir—Your Excellencys &caTo Gov. Ths Boone Esqr
I received your Excellencys Letter of the fifth Inst. wrote to me by the Advise of the Council of your province with the Complaints you have made against my proceedings in support of his Majesty's instructions and of the laws of this province with great pleasure and satisfaction instead of Concern as your Council have avowedly Justified their having issued Warrants and patents on Lands patented by express orders from the Crown of at least ten years later date than his Majestys patents granted here, and that you have given Orders to support by force those unjust Claimants in the possessions of their Lands against the Legal Patentees of the Lands of this province and do assure you your proceedings shall no way intimidate me in quieting the Associates in their possessions under his Majesty'sI am with due regard SirYour Excellency—
Camp at 96—November 28th 1759.
I had some time ago a letter from Major Waddell acquainting me with the Orders your Excellency had been pleased to give him for co-operating with the Forces of this Colony in Consequence whereof I informed him that if he could effect a Junction with me at the it would be of the greatest advantage to His Majestys Service. I have since writ to him again to communicate to him some intelligence I received of an intention in the Cherokees to attack me on my March to that place and as the Express I sent is not returned I have not had Major Waddells answer. I shall march from hence tomorrow.
Two days ago a dispatch was brought to me from Charles Town containing among other Letters those which I inclose to your Excellency Vizt One addressed to you in French and the other which was opened by mistake directed to the Vice Admiralty Court of your province Some few of the Troops I have with me come from those parts of the Frontier where the Limits between the two Governments have been divided, but they are only such as had Commissions from this province before the Commencement of the present disturbances with the Cherokees and the Officers have applied to me to intercede with you that their Families may not be molested in their Absence by any persons acting under your authority on account of their having engaged with me in the Service I am goingI am with the greatest Truth and Esteem, SirYour Excellencys most obt Hum ServtW. H. LYTTLETONTo His Excellency Arthur Dobbs, Esqr &ca &ca
Charles Town So Carolina July 23d 1762
I duly received your favour by Mr. Smith a little before which the Catawbas had been down with me to complain of the encroachment made on their Lands by the Inhabitants of your province, and I waited to know how well grounded these Complaints were before I answered your Letter. I was two days ago favoured with your Letters of the 5th and 6th and have according to your request laid all of them before His Majestys Council of this province, and I shall now communicate to you the result of our deliberations on the several Subjects: With regard to the Catawbas, which we cannot help looking on as a matter of consequence it is our opinions that all foundation for their Complaints should be absolutely removed whether they are caused by the Inhabitants of this province or the next, they are certainly the original possessors of the soil and have not conveyed it away, they are very serious in claiming their Rights and deserve that Justice should be done them if they were disposed to be satisfied with what Mr. Atkins promised, who no doubt had authority for what he did, though none from either Government for he was independent of any, it is highly incumbent on both provinces to make them easy nor can it be said at whose expence their Tranquility will be purchased untill the Boundary Line is run; with regard to what might be sufficient for them as a Nation that is not what we are to determine but to do them Justice and leave the burying place of their ancestors undisturbed. I flatter myself therefore that you will prevent any further encroachments upon their Limits agreed upon with Mr. Atkin
I am extremely sorry you should have been insulted, Loosh I find is a Justice in this province but though he is highly blameable for his want of complaisance to you till the Boundarys is settled it is impossile to say he has been criminal. I am informed by the Council that there was an agreement between Mr. Lyttleton and you to let all these matters sleep till the Boundary was fixed nor is it possible till then to apply any remedy it is given in Charge to our AgentI am with great regard and esteemYour Excely most Obt Hum. SertTHOs BOONETo His Excellency Gov. Dobbs.
Charles Town. October 5th —So Carolina 1762
I was extremely surprised to day with an application from two men who have held Lands for several years by virtue of Grants from this Government to know how they should conduct themselves with regard to Ejectments that have been served upon them from North Carolina and in which you yourself are a party, a step of this sort which can tend to nothing but to throw both provinces into confusion taken precipitatedly and unseasonably by you sir to whom the tranquility of one is entrusted both Affects and astonishes me, but you have indeed relieved me from the pain of doubting or even of deliberating, one resolution only was left me to take, one General Order to issue, and that is already done, A principle of candour and sincere desire to prevent the mischiefs that must insue induce me to communicate to you by express, that I have strictly enjoined a Magistrate to employ every Lawfull means to protect and secure everybody in their properties and persons that are settled under the sanction of this Government I have ordered the persons concerned to treat the Ejectment with the contempt it deserves and in no respect to acknowledge the Jurisdiction of North Carolina. I was in great hopes Sir that you would have been Contented to have waited the decision of our Superiors upon a Subject which you and I are neither competent or impartial Judges of, But if you have too much impetuosity to wait this determination, I have too little Tameness to submit to yours, and really flatter myself that when I communicate to the Lords of Trade this Transaction which I shall do immediately that my proposals and requests which so plainly be
I have the pleasure to Act upon this occasion with the Concurrence and advice of His Majesty's Council and have the Honor to be with great respect and regard SirYour Excellencys respect Obt & Hum. SertTHOS. BOONETo His Excellency Governor Dobbs.
P. S. Since writing the above I have been favoured with your Letter by Mr. Williams, and as the pilot Boat returning to day I declined sending an ExpressT. B.
The Information of John Frohock, Anthony Hutchins, Nathaniel Alexander and Francis Mackelwean Esqr in the Commission of the peace and Members of the Assembly in North Carolina
These Informants say that they are well acquainted with what is called the dividing Line between North and South Carolina, as the same was agreed upon and Settled (as these Informants have always understood and believed) in the year 1737, by the joint Commissioners of the two provinces which Commissioners were N. Skine, James Abercrombie and William Walters in behalf of So Carolina and Robert Halton Matthew Rowan and Edwd Moseley on the part of this province; (who as they always understood and believe,) did in 1737 as aforesaid meet and run the said dividing Line a North West Course from Little River to Waggamaw Lake; where they stopt and after having agreed upon the Courses to be afterwards run appointed a time to meet again and continue the said dividing Line begun by them as aforementioned That in pursuance thereof of the said Commissioners for North Carolina having met and waited for the So Carolina Commissioners some days longer than the time appointed they without the assistance of the So Carolina Commissioners continued the said dividing Line, a North West Course to the distance of about 45 Miles from the Mouth of Little River, aforesaid to near to Little Peedee River where according to an agreement (as the Informants believes) between the joint Commissioners they altered the Courses and Continued the Line a due west Course crossing Little Pee deeo Carolina afterwards came and followed the others along the said Line, and never to their knowledge or belief of these Informants, did controvert what had been done but as has been generally believed were on the part of their Government well satisfied therewith. And these Informants further say that there might have been Orders formerly given to run the dividing Line within 30 Miles of Cape Fear River (the Country then being very little known) but that the Courses which by the said joint Commissioners being agreed to be run in the manner above mentioned, were in their humble opinions agreeable to the Intentions of the Crown and by far the most equitable division for both the provinces; and that as they are well acquainted with that part of the Country, they believe themselves well Warranted in concluding that the aforesaid Line if continued a due West Course from where the Commissioners left off, would run 20 or 25 miles to the So ward of the Catawba Indian Nation and would afterwards strike Savannah River, about 30 Miles above Augusta Town in Georgia. And these Informants further say that for these many years past the Inhabitants of both Provinces have deemed this supposed Line to be the dividing Line, and have demeaned themselves accordingly in the respective provinces, till within these few years past a number of private persons and their Families who settled without any right to the Lands granted to His Excellency Govr Dobbs, Colo Selwyn and some others in consequence of an Order of his late Majesty in Council so long ago as the year 1737 in order (as these Informants have reason to believe) to evade the payment of any Consideration to the patentees for the Lands they had seated themselves on, raised objections to the said supposed Boundary Line and declared themselves to be within the Bounds of South Carolina tho these persons (whose Settlements on Sugar Creek and Reedy Creek) when there are any demands against them from either South or North Carolina, act so inconsistantly as to disclaim the Jurisdiction of this or that Government (as the case may be) to screen themselves from the payment of their debts and Taxes, and the precepts of Justice in both of which many instances might be given.
And these Informants further say, that tho the Settlers on Sugar and Reedy Creeks live in the part of in this province, no officer of Justice from either Province dare meddle with them, their number rendering them formidable, there being near 150 of their Families settledo Carolina as they cannot believe they otherwise would presume (as they lately did) to Insult and abuse His Excellency Governor Dobbs on his own Lands to the great reproach of all Government, besides which Instance, they could mention many others in which these Lawless people have insulted the officers of the Crown, and otherwise behaved in an open and contemptuous defiance of all Law To avoid publicity these informants mention only the following. Some time ago upon Complaint being made to the County Court of Anson by Townsand Robertson the then high Sheriff of that County, that he had been abused and Insulted by some of these settlers on Sugar and Reedy Creeks, in the Execution of the Duty of his office Orders were given to him to raise the posse Comitatus to apprehend them of which they having Notice collected themselves together and upon his and his Associates endeavouring to execute such orders and their beginning to behave in a riotous manner the said Sheriff in the Kings Name commanded the peace upon which they damned the King and his peace, and beat and wounded several of those whom the Sheriff had called to his Assistance; return of which having been made to said Court, the persons so beat and abused were summoned on his Majesty's behalf to the Superior Court of that District; and Indictments found against several of the rioters, and proper precepts issued for apprehending them, all which were returned not executed, by reason of the threats and frequent abuses committed upon the officers of Justice, and the protection they mett with from the South Carolina Government And these Informants further say that they believe that another reason why these people have been induced to keep possession of the Lands belonging to Governor Dobbs and Mr. Selwyn, and claim the sanction of the South Bounds without any other rights than what they may obtain
Nathaniel Alexander (one of these Informants) further saith that he believes that five or six of these people may have Grants from South Carolina, and that some few more of them in September last had proposed going down to Charles Town to take out more Grants for the aforementioned Lands belonging to Governor Dobbs and Colo Selwyn, and that it is only owing to these people (to the Number of about 150 families) settled upon Sugar and Reedy Creeks who in Order to possess themselves of the said Lands without paying any Consideration for the same and to avoid paying Taxes and Quit rents or other just demands against them in either Government that all those disputes have arose. And what makes their designs more evident is that Reedy and Sugar Creeks are about 25 miles from the aforesaid supposed Boundary Line and Waxaw settlement only five or six miles to the north of said Line and that the last mentioned Settlement is 20 miles to the Southward of the before mentioned Settlement on Sugar and Reedy Creeks they hold their Lands Quietly under rights from this province and duly pay their Taxes and Quit rents to it and on all matters acknowledge the Jurisdiction of this Government.
These Informants severally make Oath to the best of their Knowledge and Belief of the Truth of such particulars of the above information, as come within their particular Knowledge.JOHN FROHOCKNATHl ALEXANDERANTHo HUTCHINSFRANs MACKILWEAN
Sworn before His Excellency the 10th December 1762.JOHN ANCRUM Dep. Sec.
Ordered That the said Representation with the Letters and Information annexed be Certified under the Collony Seal in Order to be Transmitted home
The Honble Richard Spaight Esquire presented to the Board a Patent bearing date the Eleventh day of November 1719 for four hundred and fifty Acres of Land on the South side of Neuse River Beginning at his own Corner Tree on the South side of Battes Creek being a Spanish oak then So 10 Et 100 Poles to a Red Oak then So 82 Et 170 Poles to a white oak Then So 40 Wt 320 Poles then No 40 Wt 440 Poles to a red oak at the main run of the Creek, Then down the several Courses of the creek to the first Station.
Ordered That the Record of said Patent be Dated agreeable to the Patent itself
The Honorable Richard Spaight and Alex McCulloh Esquires left their seats at the Board and presented the following Memorial Vizt That George Augustus Selwyn of the City of London Esquire (for whom the Memorialists are fully impowered to Act) is Intitled to 200,000 Acres of Land in Anson County by Virtue of several Grants under the seal of this Province bearing date the 3d day of March 1745 and passed in Pursuance of His late Majestys Order in Council Dated May 1737, Subject to the condition of settling one white person for each 200 Acres and that all such parts as should not be so settled should revert and be surrendered to the Crown
That in all and every the before mentioned Grants is included an exemption of Quit Rents for the Term of Ten years from the date thereof
That in October 1756 His Late Majesty by his Order in Council was Graciously Pleased in consideration of the heavy and unlooked for Obstructions the Patentees had met with, and the Indian War, to direct His Excellency to defer carrying into Execution the 84th Article of His instructions Relative to the taking possession of the unsettled Lands for the use of the Crown untill the 25th of March 1760 and thereby graciously indulged the Patentees in a further term for carrying on the settlements of the Lands until the 25th March 1760 and consequently with an Exemption of Quit Rents till that Time
That As His Excellency is directed by his Majestys Instructions to maintain and support the Patentees in their just Rights and to resume for the use of the Crown all such parts of the Lands Grantedth day of March 1760 And as the Memorts are humbly desirous of Acting on behalf of the said George Augustus Selwyn in such manner, Relative to the return of the settlement and surrender as may best show his readiness to comply with the conditions of his Grants and his duty to the Crown.
The Memorts therefore on behalf of the said George Augustus Selwyn Humbly Pray that His Excellency in Council would be Pleased to give them such direction relative to the mode of making a return of the settlement, and Effecting a surrender of the unsettled Lands As to His Excellency in Council shall seem meet. And the Memorts likewise Pray That the said George Augustus Selwyn may meet with support from His Excellency in his just rights against any obstructions which may be given to the Memorts in their Endeavours to support the same and particularly against those riotous and alarming Incroachments that have been made, and still are making upon his Property, by Persons Acting or pretending to Act under the sanction and authority of the Government of South Carolina, And for such further and other relief in the Premises as to his Excellency in Council shall seem meet—And the Memots Pray &ca
Which being taken into consideration—
It is Ordered, That proper Directions be issued by His Excellency to Colonel Nathaniel Alexander of Mecklenburgh County and John Frohock Esqr of Rowan County to take an Account of the Number of white persons Male and female young and old which were without fraud resident upon each of the said Grants particularly on or about the Twenty fifth day of March 1760 and that they do return the said account under their hands and seals and certify the same unto His Excellency in Council upon their Oaths as soon as the nature of the affair will permit provided that such return be made before the 25th day of March 1764. And that the Expence of taking such account, And making the Return should be paid by the Grantees And it is further Ordered that upon such Return made and Certified the Grantees should by good and sufficient Deeds in Law surrender their several Grants to the Crown after properly Excepting and reserving all such parts and Proportions of the same, As they may severally appear intitled to on such Return
The Honorable Richard Spaight Esquire signed for His Excellency
James Murray Esquire presented to the Board His Majestys Order in Council bearing date the 19th June 1762. By which he is reinstated in his former Rank as a Member of His Majestys Council in this Province, And he at the same time took the oaths of supremacy and allegiance subscribed the Test and took the Oath of a Counselor and His Seat at the Board accordingly
Ordered that a Commission of Peace and Dedimus issue for the County of Mecklenburgh to Alexander Lewis, Nathaniel Alexander, John Thomas, Robert McClenahan, Paul Barringer, Henry Forster, Robert Miller, Robert Harris, Richard Berry, Martin Phifer, Robert Ramsey, James Robinson, Mathew Floyd, Abraham Alexander, Thomas Polk and James Patten.
His Excellency having asked the opinion of the Board in regard to Granting a Flag of Truce for the carrying off of some spanish Prisoners now in this place
It is the opinion of the Board that his Excellency grant the same to any person that may offer on the Easiest terms.
Ordered that a Commission of the Peace and Dedimus issue to William Phillips, Charles Robinson, John Colson, Anthony Hutchins, John Hamer, Morgan Brown, James Hutchins, Alexander Gordon Thomas Hugh, John Crawford, Cornelius Robinson, Joseph Atteway, Stephen Jackson for the County of Anson.
Ordered That a Commission of the Peace and Dedimus issue for the County of Rowan to Alexander Osborn, John Brandon, John Bravard, Walter Carooth, Andrew Ellisin, Jonathan Hunt, Alexander Cathy, Edward Hughs, Robert Simington, William Morrison, William Bues, Christopher Nation, Jacob Leesch, Thomas Donnel, Hugh Waddell, Morgan Bryan Junior, John Frohock, William Giles, Willis Ellis, William Lynn and John Kerr.