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Letter from Josiah Martin to Wills Hill, Marquis of Downshire
Martin, Josiah, 1737-1786
June 05, 1772
Volume 09, Pages 299-300

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[B. P. R. O. Am. & W. Ind.: No. Carolina. No. 219]
Governor Martin to Secretary Hillsborough.

North Carolina New Bern,
June 5th 1772.

My Lord,

I have the honor to inform your Lordship that I concluded on the —— day of last month the Business of the Court of Chancery which was very much accumulated since the last court held by Governor Tryon and on the 23d I finished the Court of Claims that had been continued from the 11th having issued Warrants from No 1, to 860 and Patents from No 1. to 483. except No 84. 129. 173. 184. and 286. which are caveated as will appear more at large by the minutes of Council herewith transmitted some surveys having been made of Lands which were supposed would fall within the Province of South Carolina, when the line prescribed should be run, I recommended to the Petitioners to take out Patents in that Government but they urging the probability of being anticipated by the Inhabitants of that Province and declaring their willingness to run the risque of the validity of such grants made by me I advised with his Majesty's Council thereupon and with its concurrence I granted them Patents as I assumed the Parties with reluctance under great doubts of their validity these however were few in number upwards of 70 entrants of Lands in the same predicament having by my advice withdrawn their entries here to make them in the Province of South Carolina.

The Commissioners appointed by me on the part of this Province to run the line of Boundary arrived according to my appointment mentioned to your Lordship on the 20th of April last at the Catawba Town; where finding no commissioners from South Carolina and after waiting some days hearing that Lord Charles Montague was at Camden not far within the confines of that Province upon a Tour of amusement Mr Dry one of the Commissioners for this Province waited upon his Lordship informing him of their arrival to execute the service prescribed by his Majesty's Royal Instruction and praying that the Commissioners of his Lordships appointment might be forthwith directed to meet them; to which his Lordship replied that he did not expect me to appoint Commissioners until the Assembly of South Carolina should agree to defray the whole expence of the service, and that he could not order the meeting of his Commissioners

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until he should return to Charles Town and consult his Majesty's Instructions which would certainly delay the Commissioners meeting until the 20th of May. Lord Charles Montague wrote to me at the same time a letter of this import which I own has no less surprised than chagrined me; as by my letters of which his Lordship acknowledges the receipt I had to my own conviction taken every measure that I could think of, to execute the service directed by his Majesty with the utmost precision and dispatch carefully avoiding all ambiguity. The inconvenience however that will arise from the delay occasioned by Lord Charles Montagues misapprehensions, will I trust be felt only by the Gentlemen who are Commissioners in behalf of this Province: and that the service will be as fully and effectually performed and only a month later than I had designed.

Mr Malcom Comptroller of the customs for the Port of Currituck having been charged upon Oath by sundry persons of venality and corruption as well as extortion in Office, I have thought it for his Majesty's service to suspend him of which I have informed the Commissioners of his Majesty's Customs at Boston and have transmitted to them the sundry depositions made of the misconduct of that officer.

I propose as I had the honor to inform your Lordship by a former letter to set out for Hillsborough on the 20th instant where I shall establish my head quarters for the Summer making thence from time to time excursions through all the Western Counties of this Colony.

I can with great pleasure and truth assure your Lordship that the Birthday of our most gracious Sovereign was observed yesterday in this little Town with every demonstration of zealous and unfeigned loyalty.

I have the honor to be &c