Brunswick May 20. 1755

Sir

The last time I had the Pleasure of seeing you at Newbern I had your Excellencie's Leave and Directions to lay before you a State of my Office as Attorney General of this Province.

The salary upon the Establishment is £80 Sterl. ⅌ Anno. payable out of the Quit Rents, and by the Establishment there is an Allowance for holding Courts of Oyer & Terminer of £100 Sterl. ⅌ Annum which upon a Division between the Chief Justice, Atty. General & Sheriff, the Atty. Genl. was allowed £30 Sterl. more, the Amount of the whole Salary upon the Establishment being £110 Sterling ⅌ Anno. and of which, altho’ 'tis now 4 years since my Appointment, I never recd. one Shilling, besides Mr. Alexr. McCulloch the Deputy Auditor informs me he has orders from his Principal not to give any Debentures for the £100 for holding Courts of Oyer and Terminer, so that my whole Expectation from the Establishment is only £80 Sterling ⅌ Annum.

By an Act of Assembly (since repealed) I had an Allowance of £20 Procl[amation] Money for my Attendance at each Court of Assize amounting in the year to £120 Procl., nor cou'd I by that Law receive that unless I attended in person, that Salary was always greatly in Arrear, and has not been paid 'till very lately: The Circuit of Edinton Edgcomb & Wilmington obliged me to ride 600 Miles twice a year, before I cou'd receive that Salary and which is payable out of a fund for that purpose.

By the Act of Assembly lately pass'd for holding Supreme Courts of Justice &c. I am allow'd the same Salary of £120 Procl. Money payable annually but with the Addition of Salisbury Court at Rowan I am obliged to ride 500 more; The Chief Justice's Salary is enlarged upon this Account, but mine is left as it was, thro’ what, Motive I amnot able to learn, I am obliged to Be at the same Expence and trouble as the Chief Justice, besides there are but very few fees arising on Indictments now, as the Country since my Appointment is much more Civilized, and where there were formerly brought 24 Indictments to a Court, not above 6 are brought and frequently under that Number. The Fee allowed for that Service is £1.6.8 Procl. Money, if the Bill is found by the Grand Jury, and if returned Ignoramus then but 13s.4 to be paid by the Prosecutor, nor have I any Fee for taking any Examinations, or for any other Services which I am obliged to do, as the Magistrates frequently return Recognizances without any Examinations or Depositions, so that before I can prepare a Bill of Indictment I am frequently obliged to examine half a Dozen Witnesses for which no fee at all is allowed, and very frequently after Conviction of many Offenders the Indigency of their Circumstances oblige me to go without my fees, for which they must be liable to continual Imprisonment, were I to insist on it, altho' in other Provinces in such Cases the fees are paid by the Publick.

I must beg Leave to observe to your Excellency that there is no Allowance for any thing done in my Office but on Indictments, and in the County Courts I am allowed half the Sum as in the supreme Courts, but as 'tis impossible for me to attend all the Courts, the last Act of Assembly impowers me to appoint a Deputy in each County, and 'tis with Difficulty I can get an Attorney to accept of the Office altho' they receive all the fees incident to the Office.

Formerly there was a fee allowed the Atty. General for his Fiat to every Warrant & Patent for Lands granted, the Assembly have now left out those fees in the fee Bill, and by a Clause in the Law no Officer can take any other or greater Fee than there is therein set forth and allow'd, under the Penalty of five pounds Procl. Money for each Offence, and I have known the Members of Assembly subscribe each a small Sum to make up a fee to give a Gent. of the Law to sue the late Secretary Rice for taking an accustomed fee not mentioned in that Act.

Upon my mentioning the foregoing Hardships to his late Excellency Govr. Johnston, there was an Order of Council that no Patent shou'd issue without first being examined by the Atty. Genl. and by him certified, & that the usual and accustomed fee shou'd be paid for that Service, this gave an Alarm to the Members of Assembly, and I was threaten'd if ever I took the fee formerly allow'd the Atty. General, I shou'd be sued. This is the unhappy Situation I am in with my Office.

I must beg leave further to observe to your Excellency that the Attorney General's fees are not so low in any of his Majestie's Dominions as in this Province, nor does that Officer in any of the Colonies go through half the fatigue or Expence in travelling as I do; Why the Attorney General of this Province shou'd be treated with less Dignity and receive less fees than in any other of his Majesties Dominions I am at a Loss to know.

The fee that used to be allowed on Patents wou'd be the best Branch of my Office, and I leave it to your Excellencie's better Judgment whether his Majesty can't grant his Lands upon what Terms and for what fees he thinks proper? besides as I shou'd keep a Record of the Fiats with the Buttings and Boundings, Dates of Patents, Names, Counties, & Quantities of Land, I apprehend it wou'd be of great use, as the more Cheques there are the securer the Titles wou'd be, and in South Carolina the Attorney General is allowed ten Shillings Procl. on each Fiat, Nor have I any fee allowed for my Attendance on your Excellency and the Council in Case I shou'd be call'd upon in all the other Provinces There is a fee allow'd for this Service, although the Officer has a Salary from the Crown which is regularly paid him quarterly.

I shall send for a Table of the fees allow'd the Atty. General in the neighbouring Province, and shall beg Leave to lay the same before your Excellency, not at all doubting yr. Excellency's recommendation [to] the Assembly that such Steps may be taken therein as shall be agreable to Justice and the hardship of my Case shall require. I must ask your Pardon for thus intruding on your Patience, and am,

with due Respect

your Excellency's most obedt.

and most hble. Servt.

Geo. Nicholas

Copy.

North Carolina.
Copy of a Letter from Geo. Nicholas Esqr. Attorney General of North Carolina, to Governor Dobbs, dated Brunswick May the 20th. 1755, with an Account of Grievances he labours under in the Execution of his Office as Attorney General.

Recd. with the Governor's Lettr. dated the 28th Octbr. 1755.

Recd. Janry the —
Read —— 27 1756.

C.96