McCulloh's Petition to the King

I transcripted this from a hand written collection of Henry McCulloh's writings contained in the Manuscripts collection of Duke University:

General Observations in Relation to the Steps which were taken previous to the Earl of Granville’s division of the Two Carolina’s with the Crown

Lord Granville by His Petitions to His Majeesty humbly Prayed His Majesty that his one eighth part of the Soail of the Two Carolina’s might be set out and alotted to him in such part of the said Provinces asshould be Agreed on between such Persons a His Majesty should be pleased to appoint and such Persons as the said Lord Granville should name on his part.

His Majesty was pleased to referr the said Petition to the Right Homble the Lords of the Committee of Council and their Lordships referred the same to the Right Honble the Commissioners of Trade and Plantation for them to Consider thereof and Report their Opinion thereupon.

And in pursuance thereof their Lordships did Report That they conceived the method proposed by the said Lord Granville would be the most Effectual.

Which said Report the Lords off the Committee of His Majesies most Honble Privy Council did agree to and on the Twenty Fourth of August 1742 made their Report thereupn to His Majexty and gave it as their Opinion that the said Lord Granville’s Property should be Separated from that of His Majesty, and humbly proposed that proper Persons should be appointed as Commissioners on His Majesties behalf not exceeding Five who in Conjunction with the like Number of Persons to be appointed by the said Lord Granville, should be Impowered to Sett out and Alott to the said Lord Granville One full Eighth part of the said Provinces of Carolina in such part of parts of the siad Provinces as should be Agreed upon by the said Commissioners. And that they should be required to make a Return of their Proceedings to His Majexty in council within Eighteen Months from the dates of His Majesties Order. And alsoto lay before His Majesty A Plan containing a full and exact Description of the said Land together with the respective Boundaries thereof.

And for the better Guidance of the said Commissioners that it might be Advisable for His Majexty to require the said Commissioners to follow and Observe such Direstions and Instructions as might be given from time to time either by His Majesty or by those who act under His Majesties Royal Authority.

Which Report His Majesty was pleased to Approve of as may more fully and at large Appear by His Majesties Order of Council dated Fifteenth day of September 1742.
And in pursuance thereof His Majesty by His Royal Instructions thereupon given the Tenty fifith day of April 1743. Required and Commanded the Commissioners to make a Return of the whole of their Proceedings within Eighteen Months from the date of the said Order, and also required them to transmit a full and Exact description of the Lands so to be set out and Alotted to the said Lord Granville with the respective Boundaries thereof. And that the said Commissioners should follow such Instructions as might be found necessary to be given to them either by His Majesty or by those who act under His Majexties Royal Authority.

His Grace the Duke of Newcastle (as Conceived at Mr Belaquier’s Request) wrote a Letter to the Governor of North Carolina dated the Ninth of June 1743, including a Plan drawn in London of such part of North Carolina as was deemed to be an Eighth part of the whole of the said Province but His Grace did not direct that the Commissioners should follow the said plan and only sent it as what might be of Service to His Majesty’s Commissioners in making the said Division.
Mr. Belaquie by his Letter dated eleventh June 1743 to Col. Edward Moseley who was Lord Granville’s Agent inclosed to him a Map or Plan of said tract drawn by Mr. Warner in London with directions hiw to proceed in that matter for Ld. Granville’s Service.

And Mr. Belaquier in his Letter to me dated Eleventh June 1743 wished that his Lordship had Signed a Commission at Hanover Appointing Commissioner sin his behald, and had given the necessary Instructions to Mr. Moseley which were to be Communicated to me. That he had Transmitted to mr Moseley a Copy of the Duke of Newcastles’s Letter to the Governour dated the Ninth of June 1743 Including a Map or Draught of such a Tract of North Carolina adjoining to Virginia as is deemed to be an Eighth part of the whole, together with some ____ amd directions upon the same as what may possibly be of use to His Majesties Commissioners. And Mr. Balaquier further said that he had in Command from his Lordship to Assure Mr. McCulloh that His Lordship would be Obliged to him for his Complyance with the several Matters above mentioned.

I pray leave to Observe that as Lord Granville was then Secretary of State and that His Majexty had Commanded the Commissioners to Observe such Instructions as were given to them by those who Acted under His Majesties Royal Authority I did not Conceive myself to be at Liberty to Oppose Mr. Moseleye in any Matter which related to His Lordship.

The Commissioners in behalf of the Crown and those Appointed by Lord Granville met together in October 1743. And on looking into His Majesties Orders of Council and the other Letters and Papers transmitted to them Did not Apprehend themselves to be at Liberty to do any thing further than to lay out the Latitude, and then to run a West Line, and accordingly went upon that Duty without taking the Oaths usually required in such cases to do Justice to each of the Parties.

The Season of the Year being then far Advanced and the Commiss.ers being required to make a return within Eighteen Months from the date of His Majesties Order in Council, they did not run the West Line further than to a place called Pamticoe River.

The Return made to His Majesty by the Commissioners is dated the Sixth of December 1743 Setting forth that in pursuance of His Majesties Royal Order in Council dated Fifteenth September 1742 and Instructions dated 25th April 1743 they did set out and Alott to Lord Granville One full Eighth part of the Provinces of North Carolina next Adjoining to Virginia on the East by the great Western Ocean. And as for southwardly as a Cedar Stake set on the Sea side in the Latitude Twenty five Degrees and Thirty four Minutes North Latitude being Six Miles and an half to the southward of Chickinacomack Inlet from that Stake by a West Line which passed Tenty five Foot to the Southward of the House where Thomas Willis lived to the West as far as the Bounds limited by the Charter granted to the Late Lords Proprietors. Which West Line was run One Thousand Six hundred and sixty Poles to the North of the South end of Bath Town.

All which was most humbly Submitted &c &c &c.

At the time of making that Return a Plan was also Transmitted which had been Separated and set out for Lord Granville with a Scale of Miles Annexed thereto.

It is proper to Observe here that the Commissioners did not say that the Plan so Transmitted was a full and Exact description of the Return made by them nor in Truth was it, there being a Supposed Line given in the following words which were not contained in the Plan, namely So West as far as the bounds of the Charter granted to the late Lords Proprietors.

The Return was drawn up by Lord Granville’s own Agent, and so gave roo for the deception whicafterwards Appeared in the Prosecution of the said Affair.

By His Majesties Orders the Plan and Return were to Agree, as by the Plan would Apear what Extent of Country was Alotted to His Lordship. But the Commissioners having acted only by a Suppsed Plan sent to them they had not time to run the Boundary Line, not to perfect their Plan and Consequently sent in Open.

However this being about the time when Lord Granville resigned his Commission as Secretary of State, he was willing to have the matter determined. And the Affair was Represented to the Lords of the Committee of Council as to Cause in them an Opinion that the Return and Plan were one and the same as will more fully appear by the following Report.

The Right Honourable the Lords of the Committee of Council on taking the said Returna nd Plan into Consideration the Nonth day of May 1744 were pleased to Report to His Majesty that the Commissioners having transmitted to His Majesty a Plan containing a full and Exact description of the said One Eighth part of the said Provinces or Territories so set out and alotted to the said Lord Granville Their Lordships were humbly of Opinion that His Majexty might be pleased to Approve of the said Return and Plan and the Alottment thereby made to the said Lord Granville. And that thererupon it might be advisable for His Majesty to Order his Attorney and Solicitor General to prepare the necessary Instruments or Deeds Conformable to what was ---- Contained in the aforesaid Reports.

It is to be Remarked that when the Return and the Plan were copied out in Order to be laid before His Majesties Attorney General, the following words were added to the Copy of the Return, Viz: “And the said Commissioners did pursuant to His Majesties Order in Council Transmit to His Majesty a Plan containing a Full and Exact Description of the said One Eighth part of the said Provinces or Territories so set out and Alotted to the said Lord Granville.”
It is very probable that if the above words had not been so added to or inserted in the Copy of the Return made by the Commissioners that His Majesties Attorney General would have perceived the great difference which really was between the Return and the Plan, so that the necessary Instruments and Deeds could not have been made out agreeable to what is contained in the aforementioned Reports.

The deeds as drawn by the Attorney General are worded with Extreme Caution and Convey to Lord Granville only such Eighth part of the said Provinces or Territories as are Separated set out and Alotted to Lord Granville.

Which words (as concieved) are really Conjunctive and so Lord Granville Cannot avail himself of any more Lands under the said Grant than what are Comprized within the Plan returned by the Commissioners Especially for that the said Plan and Report Annexed thereto as laid before the Attorney General are said to Conaitna a full and Exact description of the said One fulll Eighth part of the said Provinces or Territories so set out and Alotted to the said Lord Granville.
But Lord Granville being of Opinion that the supposed Line above mentioned might still be Carried into Execution and a New Line run out.

Mr. Moseley his Lordships Agent prevailed on the Governour to Appoint the same Commissioners who were formerly authorized by His Majesty (although their Commission was then Expired near Two Years) to meet such Commissioners as Lord Granville then Appointed. And they accordingly met the latter End of March 1746 and run a further Line for Lord Granville from Pamticoe River to the Westward of Nues River. And they having met again in September 1746 run a further Line from Nues River to the Westward of Peedee River including the whole of the said ___ survey about One hundred and forty Miles in length, and if the supposed Line should ___ be carried on, it will Extend at least Two hundred and fifty Miles further.
In running the said Lines the Commissioners did not make any Allowance for the difference which induced me at my own Expence to Employ one of His Majesties Deputy Surveyors to Measure the Distance between Lord Granville’s Line on Pedee River to the Virginia Line, and on Surveying of the same it was found that Lord Granville had Thirteen Miles and hald in Breadth more than he was Intitled to, even Admitting that the Commissioners had a Power to proceed further on the said supposed Line.

If Lord Granville should be Allowed to keep possession of all he Claims under the Supposed Line, One Fifth part and more of the Provinces of South and Norht Carolina will come within His Lordship’s Division, Whereby One Fourth part and more of the White Inhabitants of the said Colonies will be Included therein.

But if Lord Granville should be restrained or Limitted to what is Comprized in the first Survey and Plan returned thereon His Lordship will not possess above one Twelfth part of the Lands, Althoguh in Value and point of Settlement it is more than equal to an Eighth part of the whole Provinces.

My Motive in troubling your Royal Highness with the above Representation is to Evince the Truth of my former Remarks and shew that when the Rules of Office are dispensed with, not only the Crown but the Lords of the Privy Council are Subject to Surprize.