Whitehall June 17, 1754.
To the King's most Excellent Majesty.
May it please Your Majesty,
|Representation to His Majesty, with the Draught of General Instructions and of those for Trade for Arthur Dobbs Esqr. Governor of No. Carolina.
|In Obedience to Your Majesty's Order in Council dated the 25th of Janry. 1753, We have prepared Draughts of General Instructions and of those which relate to the Acts of Trade and Navigation for Arthur Dobbs Esqr., whom Your Majesty has been pleased to appoint Governor of the Province of North Carolina, in which Draughts We have made Alterations from, and Additions to the Instructions given by Your Majesty to Gabriel Johnston Esqr., the late Governor of the said Province, in the following Particulars; viz.
Upon a Revisal of the former General Instructions it appeared, that by a frequent Insertion of the Additional Instructions given from time to time to the several successive Governors of North Carolina, and by not observing a proper Method in inserting them, the Order, in which the said General Instructions had been first arranged, was altered, and Things, which had no proper relation to each other, so intermixed, as to create Confusion and Perplexity: We have therefore in the present Draught ranged and digested the several Articles in such a Manner as that those, which relate to the same Subject, may be found together. We have likewise in many parts of the said Instructions, where the Expressions might admit of a doubtful Construction, endeavoured to make them more explicit. But as a minute Detail of such Variations as are merely literal seems unnecessary, We shall only point out to Your Majesty those Alterations, which have been made in the Subject Matter of these Instructions.
In all such parts of these Instructions where the Governor is directed to transmit any particular or general Accounts of his Proceedings and of the State of Affairs within his Government, We have omitted the Words, to Us by one of Our Principal Secretaries of State, and have inserted in lieu of them, to Our Commissioners for Trade and Plantations, in order to be laid before Us, conformable to the Directions of that part of Your Majesty's Order in Council of the 11th of March 1752, containing Regulations with respect to the Plantations, which relates to the Method of Governors Correspondence; and We have added a Clause to the last Article of the said Draught of General Instructions, directing the Governor to correspond with the Secretary of State only, whenever any Occurrences shall happen within his Government of such a Nature and Importance as may require Your Majesty's more immediate Direction by one of Your Principal Secretaries of State, and also upon all Occasions and in all Affairs, whereupon he may receive Your Majesty's Orders by one of Your Majesty's Principal Secretaries of State.
In these Instructions We have inserted the Names of eleven Persons, all of whom have been already appointed by Your Majesty to be Your Council in that Province; and to supply the Vacancy lately occasioned by the Death of Nathaniel Rice Esquire, We have added the Name of Henry McCulloch Esquire, who has been recommended to Us as a Person every way qualified to serve Your Majesty in that Station.
In the Article (No. 7.) relative to the Recommendation of Persons to supply Vacancies in the Council, instead of the Direction to transmit a List of the Names of twelve Persons, and always to keep that List compleat, as this Article formerly stood, the Governor is directed, as often as any Vacancy shall happen, to transmit the Names of three Persons, in order to be laid before Your Majesty for your Choice of one of them; Which he humbly apprehend to be the more proper Method, as the Governor may not be able at one time to name twelve Persons fit to supply Vacancies in the Council, or his Opinion of Persons may be justly altered by their subsequent Conduct or other Circumstances, which may have rendered them improper to be admitted into the Council, when it may be their turn to supply Vacancies.
In the Article relative to the Appointment of Judges and Justices of the Peace, No. 62, the Governor is particularly directed not to make such Appointment without the Consent of the Council, to which Direction, tho' plainly implied in the former Instructions, the Governors have not strictly adhered. We have likewise omitted that part of the former Instruction, which directed the Governor not to express any Limitation of Time in the Commissions which he is impowered to grant to Persons whom he may appoint to the aforesaid Offices; and in lieu thereof have inserted the following Words, It is Our further Will and Pleasure, that all Commissions to be granted by you to any Person or Persons to be Judges, Justices of the Peace of other necessary Officers be granted during pleasure only; which Words appear to Us to be more consistent with the Article next following in these Instructions, which leaves a Power in the Governor of removing Judges and Justices under certain Restrictions.
In the Instruction relative to Patent Officers (No. 68.) We have inserted the Words, Or to which any Person is or shall be appointed by Warrant under Our Signet or Sign Manual, it appearing to Us that there are several Offices in this Province, to which Persons are appointed by such Warrant under Your Majesty's Signet or Sign Manual.
In the Article relative to Forfeitures and Escheats, (No. 96.) in order to prevent the Disposal of them for less than the real Value, We have inserted an additional Direction to the Governor not to dispose thereof, until he shall have transmitted an Account of such Forfeitures and Escheats, and received Your Majesty's Directions thereupon.
The 115th Article relating to the Colours to be worn by private Ships is made conformable to Your Majesty's Order in Council of the 7th of January 1730, containing Regulations with respect thereto.
We have omitted the 101st Article of the Instructions to the late Governor relative to the Boundary Line between the Provinces of North and South Carolina, a Line having been run in consequence of the said Instruction. But as that Line does not appear to Us to be run in conformity to the said Instruction, and many Inconveniencies have been represented to arise from it, We have directed Mr. Dobbs upon his Arrival in his Government to enquire into the Proceedings of the Commissioners appointed to run the said Line, to point out to Us in what particulars the same is contrary to Your Majesty's said Instruction, and what are the Inconveniencies thereby arising to the Inhabitants of North Carolina, and to consider with Your Majesty's Governor of South Carolina of the Boundary Line, which for the Ease and Advantage of both Provinces it may be most expedient to establish, to the end that We may lay the same before Your Majesty for Your Majesty's further Directions therein.
We have also omitted the 103d Article of the former Instructions relative to the late Royal African Company, which being dissolved, that Instruction seems no longer necessary.
Besides the foregoing Alterations, We have added the following Articles, inobedience to an Order of the Lords of the Committee of Your Majesty's most Honourable Privy Council, dated 26th March last, approving Our Representation to Your Majesty of the 14th of the same Month upon the State of North Carolina, and directing Us to prepare Instructions conformable thereto, and to insert the same in the General Instructions for Mr. Dobbs;
No. 12. 13. 14. to prescribe the Manner of electing an Assembly, and the Number of Members, of which it is to consist, and to limit the Quorum to fifteen;
No. 15. to erect Towns and Counties in the Southern District, as the Province grows more peopled;
No. 16. directing the Governor to confirm the Rights of the several Towns, Precincts or Counties by Charters of Incorporation, and forbidding him to assent to any Law, whereby the Duration of the Assembly may be limited or ascertained, or any other Regulation made with respect thereto, contrary to Your Majesty's Rights and Prerogative;
No. 41. to establish such and so many Courts of Justice as shall appear to be necessary, and to consider of the most proper Place for the Seat of Government, and to make report thereof to Your Majesty;
No. 42. to establish a Court of Exchequer;
No. 75. 76. 77. 78. 79. 80. 81. 82. 83. 86. 87. 88. 89. 90. 91. 92. to establish such new Regulations with respect to Grants of Lands and Your Majesty's Quit-Rents as are become necessary upon the Repeal of the Quit-Rent Act passed in 1748;
No. 84. to accept a Surrender from Mr. McCulloh and his Associates, (when the Term allowed them to compleat their Settlement is expired,) of such part of the Lands granted them as shall not be settled according to the proportion of one Person for every two hundred Acres, and to regrant the same to any other Persons, and to release the present Grantees from being obliged to pay Quit-Rents for the Lands so surrendered;
And No. 85. to support and maintain Mr. McCulloh and his Associates in their just and legal Rights and in the quiet Possession of their Lands.
To these We have thought it necessary to add one other Article, No. 93, declaring that the several Regulations prescribed by these Instructions with respect to Grants of Land and Quit-Rents shall not be construed to extend to such parts of Your Majesty's said Province as are included within Your Majesty's Grant to the Earl Granville.
We have also added the Article, No. 24., relative to the Establishment of a permanent Revenue for the Support of Government in North Carolina; it appearing to Us that no such Revenue has yet been settled there, and that such an Establishment would most effectually tend to the Security and good Government of Your Majesty's said Province.
In the Instructions relative to the Acts concerning Trade and Navigation, We have inserted the Titles of many Laws which were omitted when the former Instructions were given to Mr. Johnston, and of such as have been passed since relative to the Plantation Trade. We have also added the 6th and 7th Articles, and have made some other Alterations therein, chiefly containing Directions for the more effectually preventing Frauds in the Plantation Bonds, conformable to a Representation of the Commissioners of Your Majesty's Customs in the Year 1737.
We have also added the 22d Article, containing Directions to the said Governor for the more effectual Execution of the Act passed in the twenty first Year of Your Majesty's Reign, for encouraging the making of Indigo in the Plantations in America.
All which is most humbly submitted.