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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
October 09, 1755 - October 13, 1755
Volume 05, Page 493

At a Council held at Newbern the 9th October 1755
Present His Excellency the Governor
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
The Honble James Innes Esqr
The Honble Henry McCulloch Esqr

It being represented to his Excellency and Council that Robert Harris One of the Justices of Granville County had spoke very contemptuously of His Excellency thereupon he being called in Appeared and confessed the same

Ordered that the said Robert Harris be struck out of the Commission of the Peace for the said County.

At a Council held at Newbern the 13th October 1755
Present His Excellency the Governor
The Honble Matthew Rowan Esquire
The Honble Francis Corbin Esquire
The Honble James Murray Esquire
The Honble John Dawson Esquire
The Honble John Rutherford Esquire
The Honble Lewis De Rosset Esquire
The Honble Henry McCulloch Esquire

Read the Petition of John Campbell and Alexander McCulloch

The humble petition of John Campbell and Alexander McCulloch—Sheweth

That your Petitioners by Letters of Attorney from Henry McCulloch and Joshua Willcocks of Great Britain Patentees of Sundry Lands in this Province are substituted and Impowered by the said Henry McCulloch and Joshua Willcocks to Act for them and in their stead.

And your petitioners having Orders from the said Patentees to Resurvey sundry Tracts of Lands for which they have Patents in Order to renew the former Lines and Mark Trees. Did for that Service Imploy James Mackilwean who with Persons for Chain Carriers did proceed to Resurvey a Tract of One hundred Thousand Acres on the Yatkin river known and Distinguished by number nine formerly surveyed by the Honble Matthew Rowan Esqr then Surveyor General and the said Mackilwean

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found divers false Lines marked in the said Tract which such sundry Persons seated on the said land did show to the said Mackilwean in Order to Deceive and misguide him but being well acquainted with the true Lines made by the said Mathew Rowan found and renewed all sides of the said Tract No 9 that on the Twenty third Day of June while on the last line the said James Mackilwean was overtaken by Col George Smith and fourteen other Men armed with Guns, Swords, Clubs and Staves and Ordered to Desist from Running the said line or any other on the said Land for if he the said Mackilwean did Presume so to Do, they would carry him and his Company to Goal to Break their Bones the Fear of which caused his Assistants to refuse him any service until they could be secured from Restraint and Violance As then Threatened to be done them and the said Mackilwean was obliged to Depart without Doing any furthur Service for your Petitioners whereby they have been put to Great Expence and the Directions of their Principals entirely frustrated.

Wherefore Your Petitioner most Humbly craves Justice against the said George Smith, Capt Jonathan Hunt, John Hunt, Benjamin Merritt, Benjamin Drake, John Drake, Samuel Drake, Senr, John South, Benjamin Roundsopher, Josiah Roundsopher, Zebulon Stout, Josiah Barton, John McGivul, David Harry and one Vanclift for the Assault and Riot Committed by them which your Petitioners are Ready to prove when thereto called and such further relief as your Excellency may Consider of from the Premises and as in Duty Bound shall ever Pray.


North Carolina October 10th 1755

Read the several Depositions of William Mannering and Elliot Buchannan against Joshua Houghton a Justice of the Peace for taking fees on an attachment and Warrant

Ordered that a Summon issue to the said J. H. to appear before the Council to answer the Premises and that he be served with a Copy of the Deposition.

Ordered that a Summon Issue to Thomas Armstrong to appear before the Council to Answer to what shall be there alledged against Him.

Read the Petition of the Uper Inhabitants of Cumberland County beyond the North West of Cape Fear River