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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
December 15, 1769 - December 18, 1769
Volume 08, Pages 160-164

[From MS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.


At a Council held at Brunswick 15th December 1769,
Present,
His Excellency the Governor,
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble William Dry Esquire and
The Honble Robert Palmer Esquire

Read the petition of sundry Inhabitants of Mecklenburg County setting forth that they are settled on a tract of Land belonging to the late Governor Dobbs, by deeds of Conveyance from the said Governor, and that they apprehend the Receiver General in behalf of his Majesty hath power to distrain for the whole of the Quit rents due to the Crown on the said Tract of Land, on their possessions seperately or collectively, and as they apprehend a large debt is due on that account, it must end in their utter ruin should the Receiver General put such power into execution, and praying that the Board will take the same into consideration.

It is the opinion of this Board, that the several Inhabitants settled on Mr Dobbs Tract of Land may be received as Tenants under the Crown and chargeable with only the Quit Rents due to the Crown for the quantity they have titles for under the said Governor, they paying Quit Rents from the time the same accrued thereon to his Majesty; And that the Receiver General have a copy of this opinion

Ordered that the following gentlemen be added to the Commission of the Peace and Dedimus for the undermentioned Counties, Vizt.

Tryon—John Earls and John Prince.

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Brunswick—Barrington Moore, Isaac Marion, Richd Quince, Junr, Parker Quince and Samuel Dwight.

Duplin—William Ball.

Also Ordered that the Chairman of the said Courts be directed to insert the names of the above mentioned gentlemen in the Commission of the peace and dedimus for the said Counties in open Court, in the order they now stand.

At a Council held at Brunswick 16th December 1769.

Present,
His Excellency the Governor,
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble William Dry Esquire and
The Honble Robert Palmer Esquire

The Honble Lewis DeRosset Esqr laid before the Board an order from His Majesty in Council dated at the Court at St. James the 28th June 1769 remitting all arrears of Quit rents due by Alexander McCulloch Esqr on his tract of 12,500 Acres of Land, Lying on the Branches of Johnston and Peedee rivers, and by him surrendered to the Crown the 15th December 1767.

Ordered that His Majestys said order in Council, be recorded in the Secretarys Office,—and that the Receiver General have notice thereof and govern himself accordingly.

At a Council held at Brunswick 18th December 1769.

Present,
His Excellency the Governor,
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble William Dry Esquire and
The Honble Robert Palmer Esquire

The Honble Lewis DeRosset Esq laid before this Board on behalf of John Rutherford Esqr Receiver General (who is so unwell as not to be able to attend) several papers relative to His accounts of His Majesty's Revenue with his Memorial in the following words, Vizt,

To His Excelleny the Governor in Council—

In obedience to your Excellency's orders in Council bearing date the 10th November last, to lay before you the amount of His Majesty's Revenue of Quit Rents which were last audited; also the Account of Receipts and payments since that period; together with

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the names of the persons employed as my deputies in the several Counties in His Majesty's districts.

The last account audited by the deputy Auditor, was that ending the 25th March 1766; (a copy was delivered to your Excellency) gross amount thereof £3,236 12s. 8¼d. proclamation money; which account was not finally passed before June 1768,—On the 23rd of June 1768, was delivered to the Deputy Auditor a new account ending the 25th March 1768, gross amount thereof £3,130 13s. 6½d. proc. money as p. his original Receipt for the vouchers of the said Account at the foot thereof, herewith produced No 8—This last account is not passed, but as this Receiver believes was carried to England by the Deputy Auditor in August last, with the view to know whether such Account ought to be passed on account of several material objections he had to make thereto, which he apprehended would make it necessary the same should be laid before the Honble The Lords of the Treasury, for their allowance or disapprobation before the Auditor General would give any directions relative thereto, particularly with regard to the charges of Lawyers fees, Expresses, Copies of Wills and Deeds &c; till such time as their Lordships, and the Honble and Reverend the Auditor General make known their pleasure thereupon, this Receiver cannot know how to make up his next account—If agreeable to Opinion of Council in England (copy herewith delivered with the Lawyers and Clerks accounts No 5) and contrary to the opinion of the Courts here; Their Lordships should also be of opinion that lands belonging to Persons alive or dead, in or out of the Province, are liable for His Majesty's Quit Rents, and all charges &c. This Receiver can have no other plea, but submit to their Lordships, that their charges Noo 5—accrued in consequence of Governor Dobbs' Orders in Council, and particularly (as well before as since) in June 1764; when the late Governor Dobbs threatened to complain to the Lords of Treasury, if this Receiver did not oblige the people to pay their Quit rents, and find him money to run the boundary Line with South Carolina, agreeable to their Lordship's Warrant: In consequence of which and of the Governor's Warrants, this Receiver paid the sum of £742 7s. proclamation money—That Account being long ago passed, this Receiver should not have taken notice of, if in consequence the charge for Lawyers fees in his last account, and the charges to be made in his next account for clerks fees, for one execution is now out at the suit of Samuel Johnston Esqr to be paid immediately—And now suits pending for Lawyers

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and Clerks fees (No 6) also for money due by the Crown to the Administrators of the Estate of the late Richard Spaight, late Secretary of the Province; upon a certificate of Mr Heron as Deputy Auditor. I believe so much was due for services to Mr Spaight but cannot admit that so much is due by the Crown on Ballance, because to this Receivers knowledge Mr Spaight took up a great deal of Lands for which no Quit Rents have been paid to him. If Mr Heron's Certificates are to be allowed as sufficient evidence against the Crown, there are Certificates signed by Captain Heron to the amount of £12,000 sterling, which he will not admit as Vouchers in any accounts, otherwise than the Terms of his original Agreement of the 12th January 1763, herewith produced (No 10)—In consequence of which these Orders of Mr Hasells (in my hands) are charged in my accounts, and many other orders remain to be produced by my Deputies in consequence of the same agreement—This Receiver has neither seen or received other Accounts than these two produced (No 1 and 2)—As soon as he is able he will endeavour to have all the other accounts settled and paid; Four of his former Deputies are sued, others that do not settle and pay will also be sued—The Deputy Auditor has repeatedly told this receiver that he would not pass the Receipts No 3 and 4 in this Receivers Accounts, tho' both paid with his knowledge and consent, nor the Clerks' No 5 and 7—The Extracts from the Secretary's and Register's Offices are lodged in the Secretary's Office (No 11) concerning which your Excellency will give such orders as you think proper.

No 12 is a copy of a paper given to B. Heron Esqr as Deputy Auditor for information on his going to England.

No 13 is three accounts, Vizt, One for Salisbury Superior and one for Salisbury Inferior Court, and one for Pitt County from the year 1763 to the year 1768, that have come to this Receivers hands, agreeable to your Excellencys Orders about eighteen months ago, to the Clerk of the Crown to deliver to this Receiver the Accounts of Fines and Forfeitures laid in all the Courts in this Province from 1763 to 1768.

Mr McGuire present Attorney General has a deputation to receive the fines and forfeitures. The Attorney General and Chief Justice have both declined receiving the fines and forfeitures in whole or in part of their salaries.

The Attorney General has told this Receiver that he will account for what he does receive (tho' not in payment of his Salary) or will

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bring suit as this Receiver may direct him; without an Account of them from the Clerk of the Crown, it is impossible for this Receiver to give any directions about fines or forfeitures, All which is humbly submitted by—

Your Excellencys
Most H'ble servant
JOHN RUTHERFORD

Cape Fear 13th December 1769.

It is the opinion of this Board that the state of the Receiver Generals Account now produced is too imperfect to be transmitted home (which may be occasioned by his ill state of health) His Excellency therefore Orders that the Receiver General lay before him at the next Court of Claims a full and perfect Account of his Collection of His Majestys Revenue, with copies of the same attested and fairly transcribed in order to be transmitted home, and to produce the proper vouchers relative thereto—And that the Receiver General have a copy of this Order.