North Carolina. To his Excellency Arthur Dobbs Esqr. Governor &c. in Council.
The Explanation of John Rutherford Esqr. Receiver General of his Majestys Quit rents, of Certain parts of a Letter therein Mentioned, and his Answer to Certain Articles of Charge against him.
Your Excellency having Caused to be read in Council (on the First day of December Instant the Copy of a Letter, which the Receiver General Wrote to the Rt. Honble the Lords Commissioners for Trade and Plantations Dated 19th June 1756, was pleased to order him the Receiver to Explain Certain Paragraphs of that Letter which are pointed at in the following Quare's.
Explanation.
| 1st Quare In what particulars is the Rent Roll given to you or obtained by you Deficient or Imperfect | 1st. The Receiver never had any Rent Roll from the Deputy Auditor, whose office it is to furnish it, but only an Account of Which Lands has been granted Since the Receiver has been in Office. Neither has the Receiver ever Seen, what can be Called a Rent Roll—The Account of Lands Granted & Made out from the Secretary Office, recites only a few, not all the Patented Names, and in every Respect as a Rent Roll is Imperfect— |
| 2d What did you mean by the obstinacy of the People—Divisions amongst themselves & the Distraction of the times of Late— |
2d. For want of a Rent Roll and an Account of what is due to the Crown, Many of the people refuse to produce, their patents and last receipt neither will they Comply with your Excellys Instructions, to the Receiver General in giving their last Rects. on which head he begs Leave to referr to the Depositions hereto annexed No. 1 and also for further Explanation of this to the Deposition hereto Annexed No. 2— And by the distraction of the times of Late He meant the dread & terror the Back Settlers were in from Iruptions By the Indians— |
| 3rd. What Act has been passed Confirming titles to Land without a proper regard to the payment of his Majesties Quit rents. |
3rd. An Act for Securing the payment of Quitrents due to his Majesty &c passed Anno Dom 1754 This Act would have Answered all the purposes mentioned in its Title, had the former Deputy Auditors Done their duty but the former Deputy Auditors, have not done their duty or any part of it, So farr as relates to a Rent Roll, By the Second Clause of the above mentioned Act, every ⅌son seized or possed of any Lands in that part of the Province, the property whereof is in his Majesty, Shall within Twelve Months after his Majestys Approbation of this Act, Publickly Signifyed Tender to be recorded the Patent Grant or Mesne Conveyance by which he She or they hold any Tract or parcell of Land either in the Clerks Office of the County Court, where the Land Lyes, or in the Office of the Auditor General or his Deputy In Case the Same Shall not heretofore have been Recorded. This Clause is Ineffectual, because of the Great Number of Patents, and Deeds which are Indorsed by the Late Deputy Auditors "Inrolled in their Offices" Whereas in fact there is not one Such Inrollment to be found— |
| 4th. What Miserable Consequences may be Dreaded from the making of Paper Currency in the Manner done before the date of your Letter |
4th. The Miserable Consequences of the Breach of Publick faith are, Loss of Publick and private Credit, Depravation of Morals, Discouragment to Industry, Rise of the present Generation by Poverty, Loss of the rising one for want of Education, and Many more too Long to repeat— By Every Emission of Paper Currency without Interest Redeemable at Long Periods, and Compelled to be a Tender in all payments, is a Breach of Publick faith, and a dispensation with all Private Contracts, Such were formerly the Emissions of this Province Continually, and progressively Depreciating in Proportion to the Sums Emitted This Reasoning and these Facts are too Evident to Require further Illustration here— |
| 5th. What Grounds had you to Suspect any new Emission of Such Currency as you mention to their Lordships would be permitted— | 5th. Your Excellency Soon after Your Arrival here was pleased, to publish a Printed Theme of an Act for making Eighty Thousand pounds paper Currency, to be Issued on Loan taking Lands in Security—This Plan however well Intended by your Excellency, had it been put in Execution, would in the Opinion of every ⅌son of Skill in these Matters, that I have Conversed with, have Greatly hurt the Credit & Commerce of this Province, and his Majestys Revenue here, for Uncultivated Lands in this Goverment, are Generally an Unprofitable Estate, and the Value of it Arbitrary and fluctuating. And indeed it Seems better pollicy for the promoting the Speedy Settlement of this Province to Lay every ⅌son having much Uncultivated Land under former Necessity of Selling it on Easy Terms rather than to Encourage him to keep it by Lending him Money on the Mortgage of it— |
But it is Unnecessary at this time to trouble Your Excellency with Long remarks, on that Plan as the Probability of bringing it into Execution Seems to Cease.
I Shall next Answer the Complaints made before Your Excellency in Council—
| Why did you Stop the Sum of Eighty Eight pounds fifteen Shillg. & four pence farthing Proc. Money out of the paymt. of the Late Joseph Andersons Sallary as Mr Joseph Carruthers has Sworn— | 1st. Because as is Evident from the Orriginal Receipt now Produced the late Joseph Andersons Executors would have been overpaid the Sum of Twenty pounds Eleven Shills. and four pence Proclamation Money, And for Account of a Debt due to Sr. Samuel Fludyer, Mercht. in Basinghall Street London, A Stated Account with the said Andersons Estate is here Annexed— |
| Why did you permit James Murray Esqr. to Issue Certain Small Bills or Notes with a Promise thereon that they Shod be received by you or your Deputys in payment of Quit Rents. | 2d. Mr Murray having a Sallary due to him from the Crown for the time he Acted as Secretary and Clerk of the Crown in this Province and having Occasion, to buy Corn and Other Commoditys from the Planters, Desired Leave to make use of this Expedient to get payment of his Salary, and firmly obliged himself to be Accountable to me in Money for the Surplus if any— |
This Expedient I Consented for the following Reasons.
1st. Because the Receivers my Predecessors Admitted of Orders from the Officers of the Crown, in the like Cases for Quit Rents and for Sums of Greater Value.
2d. Because I Apprehended it to be to all Calculated for Easing the tenant and Enabling, nay putting him in Mind to pay the rents, and at the Same time for discharging the debts of the Crown without Depreciating the Currency—No person being Compelled to take those notes in payment the Sum Issued Inconsiderable—
3d. The Sum Mr. Murray Issued in Notes was Three hundred and Twenty pounds, of which there are not more now Circulating than Eighty Eight, & that Shall Speedily be Called in
North Carolina.
No. 1 The Deposition of Stephen Cade Esqr. high Sherrif and Deputy Receiver for the County of Johnston in the sd Province who having been duly Sworn on the Holy Evangelists of Almighty God Deposeth & Saith—
That the Inhabitants in General in Johnston County hath refused to Deliver up their Last receipts and to pay their Quit Rents and many of the Inhabitants of the sd. County Say, that they will pay their Quit Rents provided they are allowed to keep their Last receipts, Others again Say they will not pay without an Account being render'd to them which was not in the power of this Depont. to produce, to them for Want of a good rent Roll, And that they have Threatened to take the Law of this Depont. Should he offer to distrain upon them for their rents which Sevl. of the Inhabitants of the sd. County have dared him to do. And further this Depont. Saith that the Great Disturbances that of Late were in the sd. County were not on Account of the Quit rents, but for Other Matters they Complained of about the time of Draughting of men for his Majestys Service.
Stephen Cade
Sworn to before me December 12th 1757
North Carolina.
No. 2. The Deposition of John Hamer Esqr. Deputy Receiver for the County of Anson in the sd. Province who having been duly Sworn on the Holy Evangelists of Almighty God Deposeth & Saith—
That for these two years past, that this Depont. hath been Deputy Receiver for the sd. County, that there hath been So much Division, and distraction Amongst the People in the sd County about their Lands, that they refuseth to pay their rents, And this Depont. Saith that he hath received very Little Since March last, And this Dept. further Saith that the people of the sd County Seems Unanimously resolved, not to pay their rents till the Boundary line betwixt the Provinces of North & South Carolina is fixed This Depont. also Saith that he has been told Should he pretend to distrain, for his Majestys Rents he would run the risk of Loosing his life—This Dept. firmly bel[ieve]s that if the Bounds betwixt the Provinces were once Ascertained that all disputes would Subside in the sd. County in regard to the paying his Majestys rents.
Jno. Hamer
Sworn to before me December
12th 1757 John Clitherall
No. 3.
Dr. Estate of Joseph Anderson late Attorney General with John Rutherford Credtr.
|
£. |
s. |
d. |
|
|
To Amot. of Account Settled with Mr. Carruthers by his own Acct. |
480. |
2. |
8. |
|
To Amot. of Mr. Anderson's Rect. |
20. |
0. |
0. |
|
To Dr. Cathcart's Note assumed by him due to Sr. Samuel & Thos. Fludgers Merchts. in Basinghall Street London Princl. & Intst. in Proc |
52. |
0. |
0. |
|
Difference of Excha. betwixt Cash & Proclamn. |
17. |
6. |
8. |
|
|
£570. |
0. |
4. |
|
By Amot. of Debentures for Salary in Proclamn. |
568. |
17. |
4. |
|
Due John Rutherford on this Acct. |
1. |
3. |
0. |
|
570. |
0. |
4. |
Mr. Anderson was Attory. General from 16th April 1741 to the 27th. Oct. 1742 & afterwards from 6th. July 1743 to 17th. May 1747 at £80 per annum.
a true Copy
Richd. Turner D. C. Cl.
North Carolina ss.
I Do hereby certify that Richard Turner who attests the foregoing Copy is Deputy Clerk of the Council of this Province and that full faith & Credit is and ought to be given to his Attestations as such. In Testimony whereof I have hereunto caused the Seal of the sd. Province to be affixed the 31st. Day of December 1757.
Arthur Dobbs
North Carolina.
The Answer of Mr. Rutherfurd Receiver Genl. of the Quit Rents in North Carolina to Articles of Charge agst. him.
Recd. with Governor Dobbs's Lre of 27 Decr. 1757.
Received April 9.
Read May 10 1748.
D.17.
