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Colonial and State Records of North Carolina
Letter from Henry McCulloh to Gabriel Johnston
McCulloh, Henry, ca. 1700-1779
July 06, 1744
Volume 04, Pages 664-665

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[B. P. R. O. North Carolina. B. T. Vol. 11. B. 62.]

Cape Fear, 6th July. 1744.

Sir, [Gov. Gab. Johnston]

I apprehend your Excellency has been apprised of Captain Rowans taking out an action against me for three thousand pounds Proclamation. Your Excellency perfectly well knows that the Survey was made by Captain Rowan without any orders from me, and contrary to the notice I had given your Excellency on that head; Therefore I hope your Excellency in this case, where you must be acquainted with the injustice of the prosecution will interpose and grant me such relief as I am entitled to; both by the laws of England and common justice. Captain Rowan by the return he has made of the Survey declares that those lands were surveyed by him for the use of Murray Crymble and James Huey, and by his letter to them (which I have now in my possession) dated the 19th of August 1738, writes to them that he will have nothing to do with me as paymaster, and he also incloses them an account sign'd by himself, in which he charges them with the Fees and all the other expences attending the said survey. Upon which I shall only beg leave to remark, that if I had, as Captain Rowan alledges, been the principle in this Grant, and that he had made the Survey at the request of the Trustees, He has no action of Law against me; But as the case stands that he had no order from Murray Crymble and James Huey, or from me, for the making the said Survey and that he has barred the Gentlemen concerned from one of the most essential priviledges granted them by His Majesty; in choosing in what proportions they would have the lands run out on Pedee, Cape Fear and Nues Rivers; I conceive rash as he is, he would never have taken out an action, without having an opinion, some act of power would be exercised against me; Captain Rowan has often made mention of the Contract that was depending, between Mr Dobbs and me; as to that affair I beg leave to assure your Excellency that I never sold Mr Dobbs any lands that was included in his Survey, but only a proportionable part of my right to such Lands as I was entitled to, by His Majesty's Order of Council.

Mr John Rice by his letter dated the 27th of November 1743. having advised me, that your Excellency had refused your testimonial to the

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Papers, that your Excellency in Council, had ordered to be affixed under the seal of the Province & transmitted to me, And having lately found by the agreement entered into between Captain Rowan and Samuel Woodward (Copy of which you have underneath) that Samuel Woodward's name is only made use of as a Trustee, the money by the said writing not being applicable to his use or benefit; I apprehend I am under an indispensable necessity to apply to His Majesty for to grant me a Commission to examine evidences as it relates to the Surveys & other proceedings had in relation to his Majesty's Orders of Council dated in 1736 & 1737.

I am, Your Excellency's most, &c.,