New Bern 26 Decr. 1757.

My Lords

The Copy of the Representation and Letter of Mr. Rutherford Receiver General of this Province to the Board of Trade of the 19 of June 1756 with Lord Walpole's Report upon it of the 6th. of Janua. last transmitted to me the 17 of Jany. last from Mr. Martin by your Lordship's Order did not come to my hand until last August, since that time I had no Opportunity of seeing Mr. Rutherford, or of meeting the Council until last Month, when they came here to the Assembly, though I wrote to Mr. Rutherford to acquaint him I got these papers to report upon to your Lordships, as the Season was very sickly, and he had wrote to me that he had given up the Thoughts of going to England. I thought my answering and observing upon his Letter to the Board of Trade wou'd be fuller and more agreable to your Lordships after I had seen him and enquired into his Accounts and Behaviour in the Receipt of the Quit Rents⁠—for he never had produced his Books or Accounts to me except two Abstracts in a Sheet of Paper, which he swore to, but never cou'd audit, as he never charged himself with any Rental, or returned any Arrear to be made a Charge against him in his future Receipt, or one Tenant named in the whole Account, the Abstract being only the Sums in gross received out of each County, and the Payments he had made out of it to what Persons he pleased without any Warrant from me for the Payment. I therefore Determined to examine into his Behaviour in the Council, and to enquire into the Manner of his Receipts and Accounts, & then acquaint your Lordships how they appeared, and how he behaved in his Office, having received some Information of an extraordinary Nature in the Execution of his Office and Trust, I thought proper to examine into it in full Council, the Result of which you will see by the Minutes of the Council; and by an Affidavit of Mr. Carruthers to explain more fully what he had swore in Council, which had not been fully taken down in the Minutes⁠—upon which I thought proper to suspend him from his Office, pursuant to my Instructions from his Majesty until his pleasure is known; and have pro tempore put in Mr. Lewis DeRossett one of the Council, a Gentleman the best qualified for it that I cou'd find in the Province a good Accountant, active and diligent, of good Capacity, and of Integrity, who has given good Security both to the Crown and to Mr. Rutherford to account with him for half of the Profits in Case his Majesty shou'd restore him.

I have also sent to your Lordships his Answer to the Charge brought against him and to the several Paragraphs necessary to be explained of his Letter to the Board of Trade as also my Remarks upon his Answer.

Your Lordships will observe that in the Answer he gives to the Oath sworn against him by Mr. Carruthers Sheriff of Craven, why he gave him a power to stop in his hands out of The Quit Rents he had received the Arrear due upon the Establishment of £568.17.97 to the late Attorney General Mr. Anderson's Executors for which he gave him a full Receipt for having it in his Account, that it was in Consideration of his allowing him out of it £88.15.¼. for his own Benefit and therefore gave him the preference to all others to whom Arrears were due from the Establishment without doing them equal Justice, and this without any Warrant from me. This is his Answer he says he stoped upon Account of a private Debt due from Mr. Anderson to Sir Samuel Fludyer in London, which he made up by 3 Articles to £88.15.¼, and it appears by the Accounts he gave in annexed to his Answer to the Council, the Same were just calculated to make up the Ballance, although it was not mentioned when he settled the Account with Mr. Carruthers, and the last Articles are not a fair Charge by the Memorandum he enter'd clandestinely in Mr. Carruther's Account, but more put in to blind the Council without Affidavit or other Evidence to make up a ballanced Account⁠—Mr. Rutherford appealed to Mr. Carruthers settled Account which was sent for & produced, and it appeared upon his Oath that the private Account was not once mentioned when the Stoppage was made and the Account settled, but about 10 or 12 Months after the Accot. was settled Mr. Rutherford desired the Sheriff to let him see His Account and Book, and after keeping it some time he returned it, and under the Account without his priority he entered a Memorandum that the private Debt was not included in the above Account, and one of the Articles of the private Accot. of £26 Virga. Currency he advanced to £52 Prov. which with a Charge of Discount upon the Notes was made to tally with the Stoppage of £88.15.¼, to this Mr. Rutherford made no Reply, which aggravated the first Crime.

In his Letter to the Board of Trade he makes great Complaints against the paper Currency, and that if any more were issued it wou'd depreciate the Bills; they being now considerably under par, yet whilst he was sensible of this publick Loss, he allowed his friend and Adviser Mr. Murray one of the Council to issue printed Notes under hand and Seal without Limitation to be allowed in payment of Quitrents with Interest, a Specimen of which I inclose to your Lordships, which he himself endorsed or accepted to give the same a Sanction, and directed the several Sheriffs to take them in payment of Quit Rents, which was an effectual way to depreciate the paper Currency of the Province, which he said was with an Intention that Mr. Murray might be paid his Arrear due from the Establishment giving him the preference to others without any Orders for it. Upon this Sanction Mr. Murray issued Notes of his own to be allowed in the Counties of New Hanover, Onslow, Duplin, and Bladen, and upon the Success he had in the issuing of these he then issued Notes to be allowed in Quit Rents over the whole province where any were due to his Majesty, and refused to pay them in provincial Currency or in any thing, but for Quit Rents or for Debts due to him, or for Goods bought from him at what price he pleased to sell them, which at least is 300 ⅌. Cent Currency upon Sterling Money⁠—They said he had issued but few for which no Evidence appeared, and can't tell where it wou'd have Ended if they had not been stop'd by Proclamation and after their Defence the Council without a Negative voting Mr. Rutherford guilty of a Misdemeanor in his Office, I suspended him until his Majesty's pleasure is known, and both him and Mr. Murray from the Council. Upon examining into Mr. Rutherford's Securities, I find they are very good, but must observe that by a Misinformation to the late Governor he only gave £2000 Security, when the 2 preceding Receivers gave £4000, he or his friends having told the Governor they had only given £2000 although the Quit Rents were always increasing⁠—He complains with Reason that he had not a compleat Rentall from the Deputy Auditor which I believe is true, as no regular Books were kept nor any Accounts audited, from which he cou'd make a Charge, and many Records lost or mislaid, there being no Offices fixed, so That upon the Officers Death all the papers in his hands were lost or destroyed. But he allows he had taken out an Account of the Patents enter'd in the Secretary's Office, from which a Rentall may be made such as cou'd be used, of which the Auditor sent me a Copy, which 2 Years ago amounted to above £300 ⅌. Ann. this Currency, which is increasing every Year, and don't find at a Medium since he has been Receiver that he has recd. £300 ⅌. Ann. I believe much less, but as he has never produced or left with me either Book or Account, but only 2 Abstracts he swore to and carried away with him, I can form no Judgment of his Receipt, but there never has been any Charge against him by either Rentall or Arrear to be a Cheque upon him, or to furnish out an annual Rentall, so that the Auditor had no Account to audit, but his Abstract sworn to before me, nor cou'd make out any annual Charge against him, in this Manner have the Quit Rents been received, the Receiver's Indolence and other Avocations taking up his Time, and now upon his Majesty's allowing the Sheriffs 5 ⅌. Cent the whole Trouble is thrown upon them⁠—Upon the whole from his Misbehaviour in this Town and County of Craven where I reside, I have reason to fear the like things may be done where I can't have Information, and as he is but an indifferent Accomptant, Indolent, and entirely lead by Mr. Murray, I can't expect that his Majesty's Receipt of Quit Rents will ever be put in Order, or properly recd. and attended to in Case he is restored⁠—And whoever is appointed if he be n't a good Accomptant, active and diligent, and of Integrity and a good Character in Business, but only accepts it to make it a Sine Cure, I despair of seeing the Receipt put in a proper Order, and the Concealed Lands found out, and a proper Rental and Cheque upon the Receiver Genl. in order to have his Accounts properly audited.

I have no friend that I cou'd or wou'd recommend to it, the Gentleman I have given it to pro tempore was an entire Stranger to me when I arrived here, and have appointed him entirely upon Account of his good Character, Capacity, Activity and Diligence in his private Affairs, and his Behaviour in the Council and upper house, where he appears to act a fair part without embarking in parties, but promotes his Majesty's Measures according to his Duty.

I submit the whole to your Lordships Consideration to do in it what you think most for his Majesty's Service and Interest, which has hitherto been too much neglected in this Province.

Unless Misdemeanors are properly punished, and I be supported in doing my Duty, I can't expect to do his Majesty Justice in the Receipt of his Majesty's Quit Rents, and preserving his just Prerogatives here, where every Province is endeavouring to gain from the Crown by adding to their Priviledges and cramping his Prerogative, nor can I prevail with the Republican Assembly to submit to my Instructions from his Majesty, having not the power of rewarding his friends with a place of £10 ⅌ Ann. Profit. The Assembly insisting upon naming the persons if they raise Money for the publick Service. 

I am with great Respect

My Lords

Your most obedient and

most humble Servant

Arthur Dobbs

(Copy)

North Carolina
Copy of Govr. Dobb's Letter to the Lords Commissrs of the Treasury, dated 26 December 1757, in answer to their Secry's Letter of the 19 of Janry, Referring to his Consideration Mr. Rutherfords Lre to the Board of Trade of 19 June 1756.
inclosing

in Govr. Dobbs Lre of 27 Decr. 1757.

D.14.

Reced April 9
Read May 10. 1758.

2 Papers