Brunswick

17. May 1762

My Lords,

Since I got my Instructions I have given Notice to the Associates of Murray Crymble and Huey to give me in upon Oath a Return of the Number of Persons who are seated upon their Lands in order to know how to proceed according to my Instructions, that such Lands as the Associates leave not seated, and don't choose to pay the Quit Rents for, may be surrendered to the Crown, which when I get properly returned I shall transmit to your Lordships, & receive your further Instructions how to proceed, for as they are all patented by several Baronies, or 12500 Acre Tracts, and are now the Property of many different people, and all the Choice Lands are settled, if the Crown shou'd take Possession of all the work of the Lands, the Refuse wod. yield but a Trifle, and great part wod. not sell, and then the Quit Rents wod. be lost. Wou'd it not then be better for the Crown if we should oblige the Occupants to pay the Quit Rents for the refuse Lands adjoining their own and not resume them, for no other person will settle them, and then the adjoining Planters wod. have them as a Common without any Quit Rent, or Acknowledgment, and when His Majesty will consider what Difficulties the Associates have lain under who have had all the Hunters forced off their Lands by the Indians in the Cherokee war, and dispersed through the inner parts of the Province, and that they are at this Moment returning to resettle their Lands, and the great Confusion occasioned in these tracts adjoining to the Boundary Line, upon account of the Limits not being fixed who submit to no Law, nor pay any Taxes to either Colony, & threaten even the Sheriffs to carry them down Prisoners to Charles Town, if they distrain them, alledging that they belong to that Province, and to create Confusion go down and take out Warrants of Survey and procure Patents upon the Lands granted to the Associates, that it has put the Associates and Settlers to great Difficulties, and has prevented them from settling great part of their Lands, as in this time of War and Confusion we can't get the Laws executed—and when it is considered that until this day the Patentee Associates have not received one farthing from the Settlers, who were indulged in not having taken out Titles for the Lands they have occupied upon Account of the Confusion of the Times from the Cherokee War, and not having had the Boundary Line ascertained, together with the Taxes they were charged with, as the South Government informs them that all the Lands South of Lord Granville's Line is within their Bounds by the former Instructions.

It was therefore upon these Accounts that I apprehend that His Majesty graciously condescended to relax the Associates from paying the Quit Rents until Lady day 1760, as it wod. have been of the utmost ill Consequence to those attempted to oblige them to pay Quit Rents when they cou'd not improve or till their Land, being always under Arms to prevent being scalped, and had all their Horses and Cattle drove off or destroyed, I submit it therefore to Your Lordships whether you will have me immediately inforce the Instruction before the Planters are again seated on their farms, or indulge them for a little time, for if they shod. be pushed now during the War, all the Lands except the above parts wod. be thrown up by the Associates, and those to whom they have been sold, and the Quit Rents wod. be lost, and the Refuse Lands wod. not be taken up, nor be sold at any price, while any other Lands can be taken in the Colony for only paying the Quit Rents—I am therefore humbly of Opinion that His Majesty would obtain more Quit Rents, and have more Land taken up by not charging the Associates with the Quit Rents, but as they disposed or settled the Lands, for then they wod. oblige the Occupants to take the bad wth. the good for their own sakes, and pay Quit Rent for the whole, but if His Majesty shod. reenter upon the Refuse Lands by Escheat or forfeiture, or by Surrender, no Offer wod. be made, or Warrants be taken out for such Lands for Ages to come, and thus fewer Quit Rents be paid—After Your Lordships have considered these things, I shall obey whatever orders you shall send me.

I have transmitted to our Agent Mr. Jonvencel a Petition to His Majesty in Council from the Members of the Council here for an Allowance out of His Majesty's Quit Rents for their Attendance at the Court of Chancery & Claims, & extraordinary Attendance at Councils as well as at the several Sessions of Assembly, which as His Majesty's Quit Rents are greatly increased since I came over, to above £3000 Sterlg, I think is very reasonable, as they are so dispersed in the Province and have from 50 to near 200 Miles to travel to do their Duty without any Allowance; and when your Lordships will consider that it was in great Measure thrown aside before by false Facts and sophistical reasoning alledged by Mr. Child then Attorney Genl. by inferring that it would be a precedent for other Provincial Councillors to desire the same since no other Province in the King's Government has the like Cause, and Mr. Child has since boasted that he appeared against it because the Council refused making him the Provincial Agent, and did not employ him to sollicit it, otherwise he cou'd have had the Petition approved of. I think it therefore for His Majesties and the publick Service, if you think proper to recommend it To His Majesty, as Gentlemen of small Fortune can't attend at their own Expence and Fatigue, and neglect their private Business for an empty Title, and when they attend at Assemblies for the Scanty Allowance of 3s./9 English ⅌ diem—This occasions many to refuse being of the Council, having wrote fully to you lately via New York, I have nothing to add, but am with due Respect

My Lords

Your Lordships

most obedient

humble Servant

Arthur Dobbs

No. Carolina.
Lre. from Arthur Dobb’s Esqr. Govr. of No Carolina, dated 17 May 1762, containing his Observations upon the [intentionally blank] Article of his Instructions, and expecting the Resumption of Lands granted to James Huey &c. which have not been settled according to the terms of the Grant.

Reced
Read Decr. 20 1762.

E.55.