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Colonial and State Records of North Carolina
Description by George Burrington concerning his actions as Governor of North Carolina
Burrington, George, 1680-1759
July 02, 1731
Volume 03, Pages 142-156

[B. P. R. O. Am: & W: Ind: Vol. 22. P. 14.]

North Carolina. July the 2d 1731.

To the Duke of Newcastle One of His Majesty's Principal Secretarys of State.

May it please your Grace.

The 25th of February last I came to this Country found the Province in the greatest Confusion the Government sunk so low that neither Peace or Order subsisted, the General Court suppressed, the Council set aside a year and half, some of the Precinct Courts fallen, the admiralty Court haveing no restraint began to draw all manner of Business there and proceeded in such an Extraordinary Manner as occasioned a General Discontent and Ferment among People, who from all Parts on my arrival complained against that Court, the Gentleman that is Judge of it boasted of his success in putting down the supream Court, and is known to have been the Chief Actor in running the Country into Disorders. The late Governor Sir Richard Everard being a very weak man was too easily put upon such rash and unadviced Measures that have since caused so many heats and divisions, I fear it will be some time before I shall be able to allay them though I have done my utmost Endeavour to effect it and to sett a good Example I freely passed by all Differences I had with any persons for their past Actions, which was gratefully received. The first Grand Jury (which was for the whole Country) made a thankfull acknowledgement in their Address to me at the same time they signed a very Loyal and Dutifull Address to his Majesty That will be transmitted home with these Papers

Soon after my arrival agreeable to my Instructions with the Advice of the Council I issued Writs for calling an Assembly which met on the

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13th day of April I opened it with a kind speech recommending Peace unanimity and due regard to his Majesty's Instructions which I ordered to be laid before them, kept them sitting Five weeks when I was obliged to part with them finding the longer they sat the more their heats increased and less Inclination in them to observe his Majesty's Instructions as shall be further taken notice of in its Place, and proceed to make remarks upon what was done on the several Instructions.

As directed by the 19th Instruction a Bill was formed for an Act about the Fees and Quit Rents to that Part of the Instruction for remitting the arrears of Rents, it was readily enough accepted but instead of complying with his Majesty's Instructions about the payment of Fees and Quit Rents in Proclamation Money they pretended to allow the payment in that Money or Bills at Four for one Discount but then they would New Modell the Fees which accordingly they undertook, and ingeniously reduced them down four times as Low as they were before but this was so palpable, it was not long insisted on, but begat a good deal of Warmth in the Council to see such Prevarication several hot Debates and Messages insued, but I being desirious to enter more calmly on reasoning this affair in my message to the Lower House on the third of May and in the Amendments I made to the Bill on the first, I put the Matter in so clear and strong a light and with so much Temper that they never attempted any Reply but seemed as if they intended to proceed and allow the Fees already established, to be paid in proclamation money or rated Commoditys of the Country or Province Bills at an equivalent.

About this time I discovered there began to be Divisions in the Council and that the Lower House finding the argument bear to hard upon them they were resolved to make a Division (as they called it) in the Council, but I endeavoured all I could to prevent this madness, but I cannot answer for the Follys and Passions of Men, all my Endeavours failed, the Chief Justice who hitherto appeared the warmest against the Lower House and by his extravagant unwary way of Talking had irratated them, was at once by some means or other (to me unknown) made to alter his conduct and act quite a different part, and from that time I had as many Disputes with him and two more of the Council as with the Assembly who after this went but sloly on in complying with his Majesty's Instructions, which I can attribute to nothing but the Behaviour of some of the Council who seemed to be admitted into the Assemblys Secrets This obstructed everything and obliged me at last to prorogue them, I could never get them to allow more than 150 per: cent discount on the Bills to make the Equivalent to Proclamation Money, which was

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not half the real difference as the Bill pass: Though at the same time I offered if they would comply with his Majesty's Instructions in other things to submit my own Fees to their Discretion. And for that part of the Instruction that required the registring of Lands which I look upon to be very Material toward getting his Majesty a Rent Role, they only evaded it by answers that shewed plainly they designed to doe nothing therein, I look upon this Point to be the more Material because of the great difficultys hitherto in the collecting for want of power in the Lords Proprietors and a compleat Rent Role, and there being no Receiver General here the collection of the Revenue is like to be more perplexed and difficult, in my opinion will require an Officer immediately commissioned and not to be Transacted by a Deputy as is now designed—In respect to the payment of Quit Rents they had ingeniously contrived (under pretence of not being able to pay this year) that it would be near two years before Rents should be paid, and then the Bill added they might be paid in Tobacco or Rice at Eleven shillings per Hundred as an Equivalent for Proclamation Money, thō it is well known that neither of them are worth near so much. I desired the opinion of the Council as may be seen in the Council Journals whither any Equivalent at all could be taken instead of Money and if there might whither what was proposed in the Bill was sufficient, but I could obtain no answer or advice of the Council thereon while the Assembly was sitting, they being then gone to farr into that Spirit of Opposition before complained of.

I must humbly beg to know his Majesty's Pleasure if the Receiver may take any Equivalent instead of money which is hardly to be raised in the Government it being affirmed that there has not been cash eneugh at one time here to pay a years rents. And the people have another Plea that the Grand Deed to the Inhabitants of Albemarle the Name this Government was then called in 1668 under which most part of the Lands are held—Grants the Lands to them on the same Terms as in Virginia where the Rents are paid in Tobacco or Money at the choice of the Partys, and it is submitted whither it would not be a means of putting People on raising Tobacco, and thereby increase our European Trade that so much wants encouragement.

The 20th Instruction directs me to send an Account to the Lords Commissioners of Trade and Plantations whither any Paper Bills be Current in North Carolina and how many, on what Fund and at what discount they are current.

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To put this affair in a clear light it may not be amiss to take notice of the first Emission of Bills here, which was occasioned by the expence of a Bloody Warr with the Indians nere 20 years past. The Lords Proprietors complained of this as a Hardship upon them, that these Bills were made to pay their Rents and Fees to the Officers, but it was answered that they were to defray the Expence of the Warr to save their Lordships Country from a great danger, and which they had nothing contributed to defend, therefore it was reasonable the Lords should so far partake as to suffer their Rents and Dues to be paid in these Bills, which were made Current in all payments, and which by the Taxes laid as a sinking Fund in a Few years would call them all in, and put an end to them, to perform this the Publick Faith was pawn'd, However that Faith was afterwards broke in upon, The Taxes for sinking them were lessened and afterwards more Bills emitted, which all the while paying the Lords Rents and Dues was an apparent Injury to their Revenue. This the Lords ordered to be redressed but without any effect. However these old Bills are since called in and all the Bills of Credit now subsisting are by a pretended Law made in November 1729, After the King had purchased a Copy of the Act is herewith transmitted by which it appears the sum of Forty Thousand pounds was made of which Tenn Thousand Pounds were allotted to exchange the old Bills then current, the other Thirty Thousand Pounds were distributed into the several Precincts and Precinct Treasures appointed to lett them out at Loan on Land Security, every year part of the principal with the Interest to be paid inn by such payments as in fifteen years to sink the whole whereby the Country is to gain 50. per: cent upon the Emission, thō there was Liberty for the Borrowers at the end of any year, to pay in all the Principal which was to be let out again in the same Manner, By this method the money being to be lett out as fast as paid in would make them perpetual, most of these Bills have according been let out at Interest and are now dispersed through the Country, thō for want of care in the valuation of the Lands Mortgaged it is said there has been a great deal of fraud These are the Bills now current, and this the Fund they are upon. The Act it self made an Estimate of them at Four for one with respect to Virginia Currency which is something better than Proclamation Money, Thō not so much better as the Assembly seemed to deem it. For Proclamation Money makes the chief part of Forreign Coyns current at 6s 10d per: Ounce, and Spanish Money passes in England at about 5s 6d per: Ounce Sterling. The pretended Act says if the Bills in this Currency should sink from that estimate an allowance should by

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the Assembly be afterwards ascertained on them, this was Intricately enough expressed in the Act, and at the same time in Lieu of these Bills when to be paid inn If they were paid in Silver it should be taken at 25s per: Ounce which was stateing of it at four for one in Silver according to the old Virginia Currency which till lately was at 6s 3d per: Ounce. This seems the Statement made by the Act but instead of Four for one in Sterling Silver they will not pass so, nor purchase Silver under seven or eight for one and their Credit seems more declineing from the Breaking up of this Assembly without settling things and its held by many that the Act itself is Void not only as made and ratified in the name of the Lords when they had surrendered to the Crown, and were no longer a Corporation, but that if it had been otherwise the Government here were not impowered to make such an Act without a Clause therein not to be Force till their Assent was had For by the Charter the Lords had power by themselves or Deputys with the Freemen to make Laws. They impowered the Governour and Council in their name and behalf to ratify Laws excepting such as affected their own particular Interest or Property which was to have their own assent. And its undeniable that this Act most materially affected them in their Right and Interest, and their Attorney General for that reason on their Behalf protested against it, which was entered on the Journal of that Assembly.

This present Assembly in their message April the 28th as may be seen in their Journal herewith sent are of Opinion that the Laws made in 1729 are not Void or at least ought to remain in force till his Majesty's Pleasure be known thereon—Bills have been found so necessary in facilitating payments for defraying the contingent charges of the Government as well as a medium of Trade that the destroying them wholly would (I think) be a great loss and damage to the Country. And if his Majesty's pleasure should be to declare the present set of Bills Void it is humbly hoped an Instruction may be sent for issuing others on a better foundation, and more agreeble to his Majesty's Royal Will and Pleasure

In Observance to the 25th Instruction I have caused all the Laws in force to be sent home with this Report and made Observations as directed on the Margins I intended to have had a Revisal of them by our Assembly had they agreed on doing any Business, some of them want explaining, some are obsolete, others need alterations, but in general they seem to me a body of Laws well adapted to the place

The 31st Instruction (as directed in the 32nd) I laid before the Assembly and what they did will be seen marked in the Margin of the Journal of the Lower House.

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The Court of Exchequer mentioned in the 38th Instruction I have not yet erected this being left by the Instruction as I understand it discretionary in me to commissionate, when his Majesty's service may require, and nothing haveing yet been laid before me concerning his Majesty's revenue I forbear erecting the same till I see a necessity for such a Court there (wholly new) and how far his Majesty's service may require a constant Court of Exchequer to be held, I shall be better able in time to judge. I am very certain there is no man at present in this Government capable of trying a cause in a Court of Exchequer therefore pray one may be sent from England to execute the office of Chief Justice Baron when the Court is set up.

Being directed by the 41st Instruction to inquire into the Complaint of Sir Richard Everard Barronet late Governour against some of the Members of the late Council and some of the Lords Proprietors Officers And of the late Council against Sir Richard Everard, I accordingly gave notice to the partys and ordered them respectively to be served with Copys and on the day appointed for the Inquirey Debates arose in Council upon some points wherein I desired their opinion I was not candidly dealt with by them as may be seen in the Journals of the Council at length the Board gave it me as their opinion that there was nothing Material in the complaint against Sir Richard that deserved to be proceeded upon only the words spoken against his Majesty which the Gentlemen alledged were to have been proved by Collector Gale who is now in England and Coll: Thomas Harvey who has some time been dead. And as to the complaint of Sir Richard Everard against Secretary Surveyor General and Members of the late Council as soon as Sir Richard was called upon to make it good he declared he had nothing to say against the Surveyor General or any of the Members of the late Council, but only against the late secretary Sir Richard called several people who were admitted to give Depositions, but all they swore being Facts, long after the complaint was made, upon the motion of the said Secretary the Board gave their opinion that such Evidence could no ways support Complaint and Sir Richard failing to produce any other Evidence the said Secretary was by the unanimous opinion of the Board discharged from the said Complaint. and the said Secretary haveing put in an Answer to the said Complaint of Sir Richard to clear his character from any Imputation that might be drawn from the Depositions taken against him, the same was judged satisfactory and will be sent home with the Council Journal.

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Complaint was made to me allso by Edmond Porter Esqre Judge of the Admiralty against several persons for an intended Riot and combination of a great number of persons intending to assasinate him, or obstruct him in the Execution of Office upon which I promised him if he would draw up the Complaint in Form that the persons concerned might be served with Copys I would appoint a day for hearing, but the Judge having offered nothing further upon this complaint I conclude he has droped it. By what I can learn there was no Riot intended no any designe to do him hurt.

Complaint was allso made to me against the Judge of the Admiralty for many illegal and arbitrary proceedings in that Court against all Law and common right, praying a suspension of the said Judge or other course to be taken with him which I ordered to be lay'd before the Council to be proceeded upon. To this the said Judge has not hitherto replyed as will be seen in the Council Journal.

42nd Instruction: This I laid before the Assembly and recommended in my speech but nothing was done by them—To that part which relates to persons holding greater Quantitys of Land than their Grants express. It was urged that they had a Law already about Resurveys in such cases which will be seen in the Body of Laws with my remarks. As to the condition in this Instruction directed to be put into the patent it has allways been usual to add a clause in the Patent it has allways to render it void if not seated and planted in three years, But no condition hath been in the Patents to make them void for not paying the Quit Rents unless the words yielding and paying be thought a condition as the usual form of the Patents run, which have formerly been prescribed by a Law as may be seen in the Body of Laws, But now as the stile and form of Patents must vary I desire a Draft from the Board of Trade. It is directed in this Instruction that no more than Fifty Acres is to be granted for each person in the Family of the Taker of Lands, If this is not altered there can be but little Pitch and Tarr made Because a Thousand Acres of Pine Land (of which nineteen parts in Twenty of this consists) will hardly employ one slave and will be very detrimental to the Revenue. In some Places there are large Plains called Savannas, these are Boggy and as bad Lands as the Moors in the North and West of England so consequently unfitt for Agriculture. The Pine Lands are chiefly sandy Barrens as improper for Tillage as the Savannas. Another observation on this Instruction, that if people have so little Land it will be a very long time before all the Country is settled, and if Men are obliged to live so near one another they must make their own Apparell and Household

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Goods because they cannot raise stock to purchase them brought from England, it is by breeding Horses, Hoggs, and Cattle that people without slaves gain substance here at first, not by their Labour. If but one half of this Province is inhabited by consequence the produce of Cattle &c: will be but half what it might be were the whole taken up.

I am commanded by this Instruction also to give an Account whither any Grants of Land have been made in North Carolina without his Majesty's authority since the purchase from the 25th of July 1729. That his Majesty may give such Orders as may be thought convenient for his service.

I have on this head been moved by the Assembly to joyn with them in an address to his Majesty to have all those Grants confirmed to the people. My answer was I did not think proper to joyn in such an address but I would truly represent the matter to the Lords of Trade. Which is as follows.—

The Quit Rents as they have been collected did annually fall short of paying the Salarys and other payments to be made for the Lords Proprietors to supply the Deficiency, Lands were sold by order of the Governour and Council to such as could produce Grants or Warrants formerly obtained for them and on running the Line in 1728 Betwixt this Government and Virginia which was done by his Majesty's command and the Proprietors order. There being no money in the Receivers hands to defray that charge an order was made by the Governour and Council that Lands should be sold at the usual rates to defray that necessary expence, it was undertaken and the Receiver General with the assistance of the late Secretary and others, on the credit of that order advanced the money needfull which amounted to £2000 in Bills (as appears by the accounts I have perused) which I think very moderate and declared so in one of my messages to the Assembly. Certificates were accordingly taken out but before the Lands could be surveyed and Patents obtained and pass the seal, the purchase was perfected by the Crown, and the Government still continuing in the same Form and having no orders to the contrary went on as before to sign the Patents and compleat the sales—The late Receiver General was ordered to produce the account to me in Council the same were laid before a Committee who have not yet made their Report—This is the truth of the affair by the best Information I could get concerning the purchase of Lands since his Majesty has bought the Government which haveing now justly represented I shall suffer to remain till his Majesty's pleasure be further known.

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43rd Instruction: requires that in all Grants to be made for the future, the Quit Rents to be Four shillings, but the people urge that they have an undoubted Right by the Grand Deed from the Lords Proprietors (a copy of which will be found in the Assembly Journal) to hold their Lands on the same Tenure as in Virginia which is at two shillings per: hundred. So that if this Instruction be continued while the people imagine they ought to have the benefit of the Grand Deed, it will prevent them from taking up Land and hinder the increase of the revenue, prevent the perquisites of the Officers, and obstruct the growth and increase of the Country.

The 44th and 45th Instructions concerning the Jurisdiction of Courts: will make due observance of

I am directed by the 46th to transmit an Account of the several Courts and Jurisdictions here established. The Court of Chancery by the former constitutions has allways been in the Governour and Council.

The supream Court of common Law which is for the whole Province is called the General Court and hath consisted of a Chief Justice and two or more assistants which by the Lords Proprietors commission had the power of the King's Bench, Common Pleas and Exchequer. And the General Court by another Commission as a General Sessions of the Peace Court of Oyer and Goal Delivery consisted besides the aforesaid Members, of all Members of Council the principal Officers by name which before the late disorders was constantly held by act of Assembly three times a year at Edenton. Besides this General Court there is allso in every Precinct a Court established, called the Precinct Court with power to try all personal actions under Fifty pounds & is also an Orphans Court, appoints Guardians, takes security &c: Before I leave this head I begg leave to mention a great Debate I have lately had with the Chief Justice and his two allies in the Council, about the power of assistant Judges in the General Court as may be seen at large in the Council Journal herewith transmitted therefore say the less here. But I am very sure if the assistant Judges have no Juditial Power as they express it, and set only as supporters, being useless, No Gentleman will accompany the Chief Justice on the Bench besides in my Opinion it will be erecting a single Judge of the Court of Common Pleas unknown here before, and I believe as little consistent with the Law, but since the Chief Justice is pleased to declare himself my enemy and so much argument has been upon this head I shall be glad to be favoured with an Instruction or advice hereon.

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The 47th Instruction: I never heard that any Officers in North Carolina had places under the Proprietors for life but only during their Pleasure which are all now superceeded.

The Assembly of this Province have allways usurped more power than they ought to be allowed, one instance I now give in that of chuseing a publick Treasurer (the person now in possession of the office is Edward Moseley speaker and Manager of the Assembly) in the last Session there was some Debate on this subject as may be seen in the Journals—By the Assembly here in 1729 a pretended Act was passed that constituted eleven Precinct Treasurers who were all in the Assembly and as they have the Disposition of the Publick Money will be constantly chosen, which forms so great a Party that they can lead the Assembly as they please. I am sure it will be for his Majesty's service and quiet of the Province that a Treasurer for this Government be appointed by the Lords of the Treasury.

48th Instruction: Directing me with the Council to regulate Fees, and the 19th Instruction—Directing me with the Council to regulate Fees, and the 19th Instruction—Directing all Fees to be paid in Proclamation Money I ordered with the Assent of the Council, that the Fees as they then stood should be received till further regulation, But they should not be compelled to receive them in Province Bills unless at Four for one According to the Estimate made of them with respect to Silver in the pretended Act. This the Lower House at their Meeting with much Ill manners and a great deal of heat complained of (I have never heard that any man in this Country has complained out of the Assembly an well know how it was there managed) as Illegal and Oppressive an Injury to Trade and that they could hardly find a more general Evil which occasioned some writeings between the two Houses as will be seen in the Journals of either House—The Council declared what had been done was agreeable to the King's Instructions and therefore the complaint in effect made the King's Instructions Illegal and Oppressive: to this the Assembly answered that they did not declare the Instruction was against Law, but the Officers takeing larger Fees than the Law appointed was illegal and arbitrary and a great oppression, whereas in Truth they took no other Fees than those already by Law established only refused to take them in Bills unless at a Paper discount this subject being carried on with great heat in my message the third of May (already mentioned) I expostulated the matter calmly with them and shewed how manifestly unjust it was that the Fees should be paid in those Bills at Parr, and let them see withall that the Bill Money stood on a precarious Foundation,

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to this no reply was made, but the House began to come into Measures to allow a discount on Bills to make them equivalent to Proclamation Money on the rated Commodities, but there being afterwards heats and divisions in the Council as observed before under the 19th Instruction the Lower House fell off and could not be brought to exceed 150 per cent discount on the Bills for an equivalent Thō in Reality its not half the real difference so that Matter ended and the Assembly was prorogued to the sixth day of September next when by a Law here the Election for a Biennial Assembly comes on. I heartily wish I may then find a Temper in both Houses more disposed to his Majesty's service and a complyance with his Instructions.

56th Being commanded by this Instruction to appoint two Courts of Oyer and Terminer to be held yearly the charge whereof to be paid by the Publick Treasury of this Province not exceeding one hundred pounds each Session, If this Money is to be paid in Bills will not be sufficient therefore pray I may be further instructed.

61st Instruction: directs a Law concerning Jurys if none already. This is settled here by a Law which the people are fond of. The Assembly has formed Lists of Jurors in each Precinct, and their names are all put into a Box to be drawn at the ending of the Court by a Child against the next Court but there seems two inconveniencys in this, that the Assembly admit into those Lists persons not qualifyed according to the Intent of this Instruction, and the Jury drawn being known so long before may give Opertunity for the Partys to be tampering with them in the mean time.

63rd Instruction, I laid before the Assembly and recommended among others in my Speech, to no purpose.

I am commanded by the 69th Instruction to countenance and give all due encouragement to his Majesty's Officers in this Province which I have strictly obeyed and shall continue notwithstanding it has made several of my former Friends in this Government to become my illwishers.

75th & 76th Instructions I laid before the Assembly concerning Churches and the Publick Worship but I could not observe much sence of Religion among them or that any notice was taken. This Country has no Orthordox Minister legally settled those that formerly have been here generally proved so very bad that they gave people Offence by their vicious Lives. The Country is divided into Parishes and there are in each Parish Church Wardens and a Vestry who have power to raise money by Poll Tax not exceeding 5th in Bill Money on Tythable Persons which now the Bills are so Low amounts to a small sum this

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is put to maintain the poor if any or paying some neighbouring Minister for comeing out of Virginia and to pay Readers there being one or generally more at a small stipend hired annually to read the common service of the Church on Sundays and some printed sermon at a Chapple House where there is any or in some Publick Place several Parishes haveing by contribution or otherwise built Chapples at convenient places.

85th Instruction mentions the Indians here; Of late years they are much diminished, there are six Nations amongst us, they all live within the English Settlements having Land assigned them, and chuseing the Places most secure from the attacks of Forreign Indians that delight in slaughtering one another, the names of our Indian People are the Hatteras, the Maremuskeets, the Pottaskites, the Chowans, the Tuscarora, and the Meherrins not one of these Nations exceed 20 Familys excepting the Tuscarora Indians who were formerly very powerfull most of these were destroyed and drove away in the late Warr, only this Tribe under King Blunt made Peace and have ever since lived in amity with us consisting now of about 200 fighting men. There was lately a messenger from the Government of South Carolina complaining of Injurys done the White people of that Government by those Indians. But they denying the Facts charged on them and refuseing Restitution are threatened by that Government with a Warr from the Cherokees and Catauba's. On this affair their King is now with me to make some Proposalls, that the White people of South Carolina may not come against him, because he says it may bring on a Warr with the English in General, and may be a matter of consequence to the Country. I have but one Councellor left here to advise with on this affair, the others being out of this Province, or at a very great distance, therefore shall be obliged to fill up some of the Vacancies that I may have a Council to consult on Emergencys, my residence in this part of the Government for some time being absolutely necessary for his Majesty's service

87th Instruction requires me to report the number of Inhabitants in this Government: I have had no time to go upon this Inquiry, but shall obey the Instruction as soon as possible.

According to the 85th Instruction there is allready a Law of the Country for registering all Births and Burials in each Parish; thō little taken notice of it.

And as there are no Forts, Garisons or Magazines, or any Publick Arms or Amunition in this Province; No further answer is needfull to the 96th, 97th, 98th, & 99th Instructions only on the 99th If there should be a Warr or Rupture with the Indians then there will be a Necessity

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for Forts and Magazines of which an immediate account if it so happen shall be given.

103rd Instruction—A Map of this Province I am procuring to be done very accurately and when effected shall transmit as commanded.

104th When the Lords of Trade were settling my Instructions I gave them an Account how intricate and difficult it would prove to run a line as directed in this Instruction, moreover it will be an Expence of two thousand pounds sterling to the King. Whereas were all the Lands on the North side Peede River in this Government there would be no occasion for any line (Water bounds being certain) Nor his Majesty put to the Expence of running a Line, I must further say that if the District between the Division intended by this Instruction and that River was to be sold it would not prove sufficient to pay commissioners, chain, carriers, labourers &c: This Instruction has not yet come under consideration in Council, but shall be duly observed. If I am not otherwise commanded, and if any difficulty arises thereon it shall be carefully represented. The River Santee which is further South formerly divided the two Governments as will appear by many books of Geography and other accounts.

105th In answer to this Instruction I can find no rates or dutys charged on any goods exported or imported, nor any Imposition except Powder money which is paid in Bills at ¾ per Tunn and which was at first intended for Pilotage and buoying out the Inlets and Channels, and some small attempts were made but of late years shamefully neglected. And the Chief use the money has been applyed too has been in paying the Assembly Men who have received Tenn shillings a day Travelling Expences to and from the place where the Assembly is held and during the sitting thereof. There is no Law for their being paid, therefore I refused to sign a Warrant at the late Prorogation I hope for the Future the Assembly Men, may bear their own charges in North as they do in South Carolina. Here are no dutys on anything, nor any Taxes of any sort but a Poll Tax of 5s Bill Money each Tythable (and that by the pretended act in 1729 abolished) and a Parish Tax to be issued by the Vestry not exceeding 5s per Poll for rateable Persons in Bill Money not exceeding 1s 6d Sterling, and thō the people are thus free from Taxes or Impositions beyond any people in all his Majesty's Dominions they seem uneasy that the Kings Rents should be demanded in Proclamation Money or any thing else but Bills.

As to the African Company mentioned in the 106th & 107th Instructions their Trade here hitherto hath been small, but as this Province is now in a way to increase all due encouragement shall be given by the

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most speedy and impartial Administration of Justice and all other ways that may be and due observance made of their Trade according to the 108th Instruction, as allso all the assistance required to the admiralty and custom Officers, and to the Receiver of the Admiralty Rights, agreeable to the several Instructions thereon. I shall take care when the next Assembly meets, to propose to them an act about Bankrupts as directed in the 104th Instruction.

The 115th and 116th Instructions concludes the remarks required. The Instruction about the General state of the Country is near fully answered by what has been already observed, I shall only further add that I found the Government in a very disorderly condition through the weakness of the late administration that suffered things to run into all manner of Licentiousness I shall find it no easy matter to reclaim them but as I have a through knowledge of the Country I hope they will soon be in a better disposition and shall endeavour in the calmest and mildest manner to bring them to a sence of their Duty to his Majesty and his Government without which peace and good order cannot be maintained The Country is capable of being made a growing and flourishing Colony and yearly will increase by the coming of people from the Northern Settlements The Lands to be taken up for the future by the Instructions are at Four Shillings every hundred acres, this is twice as much as in Virginia to a Trifle, the good lands lying commodiously are long since Patented, the remainder the greatest part of the Country are far from navigable waters—For the increase of his Majesty's revenue and good of this Province, hope I shall receive an order to grant lands at two shillings, I have signed but one Warrant for takeing up land since my arrival. The Trade of this Government is now miserable except at Cape Fear River, the merchants on James river in Virginia supply most of the Inhabitants living on the North side Albemarle Sound and Roanoke river with Brittish Commodities at unreasonable rates being brought in by land or in little Canoos in small quantities. The people of New England send in sorry sloops which sale from river to river they furnish our people with West Indian goods and salt and carry away such things as cannot conveniently be transported into Virginia the only method to put the Traffick in a right way and make the Trade of this country advantagious to Great Brittain is to settle a Custom house on Ocacock Island, where there is a good harbour and water sufficient for a ship that carrys 300 Tunns. From this place the goods brought in may by small vessels be carried within Land to all places in this Country that doe not depend on Cape Fear River for their trade and be a Port for the three

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districts of Roanoke, Currituck and Bath Town. Permit me to say that if lands may be granted at 2s for every hundred acres, and a Port settled upon Ocacock Island this Province will soon be in good repute, I have made it my Business for several years past to study and promote the welfare of this Country and if I am so happy as to obtain what I have desired in relation to the takeing up lands and settling a Port on Ocacock Island I shall in a few years be able to give a good account of the Province his Majesty has honoured me with the care of Governing.

I am, my Lord Duke with all Duty and submission, your Grace's most humble, most obedient and most devoted servant