Chowan County NcArchives Court.....Governor's Council, Minutes Of 1765
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Source: Colonial Records Of North Carolina
Written: 1765

Minutes of the North Carolina Governor's Council
Tryon, William, 1729-1788
May 07, 1765 - May 09, 1765
Volume 07, Pages 10-31

[From MS. Records in Office of the Secretary of State.]

COUNCIL JOURNALS.

At a Council held at Newbern 7th of May 1765.

Present
His Honour the Lieutenant Governor.
The Honble James Hasell Esquire.
The Honble John Rutherfurd Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble William Dry Esquire.
The Honble Robert Palmer Esquire.
and
The Honble Benjamin Heron Esquire.

The Honble Alexr McCulloh, took the Oaths appointed by Law for the 
Qualification of Councellors subscribed The Test, and took his seat at the 
Board.

At a Council held at Newbern 9th May 1765.

Present
His Honour the Lieutenant Governor.
The Honble James Hasell Esquire.
The Honble John Rutherfurd Esquire.
The Honble Lewis H DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexander McCulloh Esquire.
The Honble Charles Berry Esquire.
The Honble William Dry Esquire.
The Honble Robert Palmer Esquire.
and
The Honble Benjamin Heron Esquire.

The memorial of the Honble Henry Eustace McCulloh together with the Deposition 
of John Frohock, Michl Holt, Mr Giles, Colo Alexander and Captain Abraham 
Alexander, being presented to this Board at the request of Mr McCulloh by Mr 
Edward Fanning, were received and not being able to proceed thereon for want 
of John Polks' Petition of Complaint left in the Secretarys Office at 
Wilmington it is Ordered,

That the said Memorials and Depositions lay by and the hearing Adjourned till 
the said Complaint appears and also Ordered, the said papers be immediately 
sent for.

Ordered a Proclamation, issue requiring all persons holding Lands by Virtue of 
Patents Granted in South Carolina, be brought in to be recorded in the 
Secretarys Office, by the 25th day of April next (which was Viz)

North Carolina—ss.
By the Honorable William Tryon Esq Lieutenant Governor and Commander in Chief 
in and over the said Province,

Proclamation

Whereas, it hath been represented to me in Council That several Persons hold 
Lands in this Province by Virtue of Patents Granted in South Carolina, before 
the running the temporary Boundary Line between the Two Provinces in September 
Last—In Order therefore to discover what Lands are truly and bona fide, so 
held; to prevent disputes, and future Grants of such Lands; and for Quieting 
People in their Possessions; I have thought fit, by and with the Advice and 
consent of his Majestys Council, to issue this Proclamation, hereby enjoining 
and requiring all Persons, who in virtue of a Patent or Patents issued by the 
Governor or Commander in Chief of South Carolina, before the 24th of September 
last, are possessed of any Lands within the Present Bounds of this Province, 
according to the Line run by the Commissioners of the said Province, to 
produce such Patent or Patents before me in Council, at Wilmington, on or 
before the 25th day of April next, that proper Orders may be given for 
recording thereof in the Secretarys Office, as a failure herein may operate to 
the Damages of the Party neglecting.

Given under my hand and seal of the Province at Newbern the 9th day of May 
Anno Domini 1765

Signed
Wm TRYON
By his Honours Command
Ben. Heron—Secry.
God save the King. 

To the Honble Col William Tryon Lieutenant Governor of His Majesty's Province 
of North Carolina &c &c and the Honble Members of His Majestys Council for the 
same.

The Memorial of Henry Eustace McCulloh.

Humbly Sheweth;

That on the 17th day of this Instant April, Your Memorialist receivd a Letter 
addressed to him by His Honour the Lieutenant Governor in the following Words—

“Sir,
“Upon a Complaint being exhibited to me in Council on Oath by John Polk, on 
behalf of himself and others settled on the Lands of George Selvin Esqr in the 
Tract No 3, I do by the Advice of His Majesty's Council desire you will desist 
from any Steps in Law to dispossess these People, 'till we meet at the General 
Assembly to be held at Newbern the 2d day of May next where I expect to see 
you; at which time I hope such Measures may be mediated, as will tend to the 
quieting the Minds of the Inhabitants, and securing the Peace of His Majesty's 
Province, without injury to the Proprietor of the said Land.”

That on the perusal thereof, Your Memorialist could not help observing with 
the utmost surprise and concern, that there had been Attempts made to 
prejudice him in the Opinion of this Honourable Board, in relation to his 
Conduct in the Management of the Trust repos'd in him by Mr Selwin; and that 
too perhaps not altogether without effect, as Your Memorialist can hardly 
conceive, that this Honourable Board would have thought proper to have taken 
this, (as he most humbly submits it) extraordinary step, unless they had it in 
their Opinion, that he was intending to exercise whatsoever Power might be in 
his hands, in a manner repugnant to natural Equity, and to the Peace and 
Prosperity of the Province. But altho upon this occasion Your Memorialist 
finds himself under an absolute necessity of Insisting as well on behalf of 
himself, as of every other of his Majesty's subjects in this Province, (but at 
the same time with all due submission to Your Honours Superior Wisdom and 
Judgment) That this Honourable Board cannot have any Right, consistent with 
Law, to interfere in a summary manner in the decision or direction of disputes 
concerning private Property; Yet Your Memorialist is, and at all times will be 
ready to pay a cheerful obedience to Your Honours desires (as far forth, as he 
can do it, consistent with the Principles of Law) and to that end shall most 
cheerfully embrace the opportunity which is hereby afforded him, of submitting 
himself and his Conduct in Life to the impartial Examination of the Honorable 
Board, and of the Public; Happy in the assurance of His own Mind, that there 
requires nothing more than a plain summary of such his Conduct, to defeat 
every improper impression which could possibly have been made by the most 
artful Misrepresentations of his Enemies; and that when this Honorable Board 
and the Public have the facts before them, they will be convinced, it has been 
the principal Motive of Your Memorialist's whole exertions to deserve and 
obtain the sanction of an approving Conscience in the first place, and the 
good opinion of the worthy & Judicious part of Mankind in the next

That from His Honor the Lieutt Govrs Letter before set forth, Your Memorialist 
is given to understand that there is a Complaint lodged by one Polk, whether 
against him or not, does not appear, but that he is the subject of it—remains 
no doubt; but Your Memorialist having never seen any Copy of the Complaint, 
and not having been able to learn the particulars thereof, (notwithstanding he 
has heard it is very Voluminous, and has made every enquiry in his power for 
that purpose) it cannot be expected that he should make answer thereto 
particularly; neither indeed does Your Memorst apprehend himself under any 
legal necessity of answering anything of this Nature before this Honble Board, 
further than with a submissive View of Manifesting his respect, and the desire 
he has to meet with Your Honrs entire Approbation—Unconscious to himself from 
what part of His Conduct it is, that Your Memost is to have Accusations or 
reflections formed against him, he most humbly begs Your Honrs Indulgence to 
lay the whole before you; and if from the Nature of the subject, he should be 
drawn in to make this Memorial of any considerable length, he flatters himself 
from the importance of the subject (it being in the defence of the dearest 
Good which any Man can possess,—his Character) will with Your Honours most 
sufficiently plead his excuse, and engage your impartial attention.

That Your Memots Father and several others in the Year 1737, Obtained an Order 
in Council from His late Majesty King George the second, for a large Grant of 
Lands in the frontier, and then unsettled parts of this Province; and in 
consequence thereof, sundry Grants were issued under the Seal of this Province 
to him and to his associates, (of whom the present Mr Selwyns Father was one) 
which Grants bear Date the 3d day of March 1745 (O S) and are now on record in 
the Secretarys Office. That on or about the Year 1747 when Your Memots Father 
was about to leave this Province, Your Memost has been informed that he 
published advertisements, declaring that any Person who should settle on any 
part of his Lands within two Years from that time, and take up their places 
contiguous, should have the Land at 5£ Sterling the hundred acres ready Money. 
That Your Memost mentions this fact from memory of a Conversation passing 
between his said Father and himself on the subject; as he never saw the said 
Advertisement, or could ever meet with any Person who could give the least 
certain or intelligible account thereof; and therefore insists that such was 
the Tenor of the said advertisement.—Your Memost Father soon after going to 
England and being engaged in sundry disputes with the late Right Honble John 
Earl Granville concerning the said Lands, they in a manner lay dormant for 
many Years, that is to say from the Year 1745 to the Year 1755, when the said 
Earl and Your Memost said Father coming to an agreement, Your Memost Father 
constituted the Honble Alexander McCulloch Esqr and John Campbell Esq: 
together with some Gentlemen in Charles Town, his Attorneys to manage his 
Concerns in this Country. That Matters continuing in much confusion, 
occasioned by the Misrepresentations of the Title which were continually 
instilled into the Minds of the People seated on the Lands, by designing 
persons who might, propose to themselves some view of sharing in the Spoils of 
Your Memots Father's said Property, could they by spreading disgust between 
him and the People, finally oppress him out of his Right,—Your Memots Father's 
said Attorneys (notwithstanding their most friendly and Zealous exertions) 
found themselves unable to advantage his Concerns in the manner they could 
have wished, and gave him notice thereof; Upon which he in the Year 1761 
thought proper to send over Your Memost with full Powers to Act for him.

That upon Your Memots arrival in a strange Country, Young in Life, Knowledge, 
and Experience, and totally unacquainted with the real circumstances of his 
Fathers affairs (having everything to apprehend from the Underhand designs of 
his Fathers Enemies; having scenes of Business to enter upon, which had been 
ever perplexed and confused, and a multitude of People to deal with of 
different dispositions tempers, and capacities for in an open Property free 
for every one, such as your Memost Fathers, he submits there was the greatest 
probability that it would in many parts be seated by persons desperate in 
Circumstances, Character and Knowledge) Your Memost concluded within himself 
to lay down a few settled Rules for his conduct and after he had squared those 
Rules according to the best light of his reason and Conscience, most steadily 
and invariably to pursue them.

That accordingly in a few Months after his arrival, Your Memost went up to his 
Fathers Lands in Rowan County, the settlers of which had not long before that, 
been instigated to some very illegal acts of opposition; That Your Memost 
calling them together laid his Terms before them, the general substance of 
which were as follows;—That his Price was from £12 to £5 sterling a hundred 
acres, according to the Quality of the Land; and that every Man should have 
the refusal of his place without the least Charge or advance for situation or 
Improvement. And upon this head your Memorialist most humbly begs Your 
Honorable Indulgence to make an observation, that could Your Memost or His 
Father have reconciled it to their way of thinking, they might have made many 
Thousands more out of their Property than they have done, as the Law gave them 
as indefeasible and undoubted a right to the Improvement as it did to the 
soil; and further that the Value of the Improvements on their Lands much 
exceeded the Value of the soil.) To go on,—Upon hearing these Terms, some of 
the settlers observed to Your Memost upon such his Fathers Advertisement, upon 
which Your Memorialist made answer, that altho he was a stranger to the 
existence of any such advertisement, yet he would readily agree to let them 
have the Lands upon the Terms thereof; which Your Memorialist might well have 
done, as it would have amounted to much more than the Price he demanded: For 
as Your Memorialist then observed to those settlers, and now begs leave to 
submit to Your Honours cool reflection,—Supposing the advertisement to direct 
the Terms of the sale, the Party settling and purchasing could not have 
expected otherwise than to have paid the Quit Rents from the time of such 
settlement and Purchase; and the Party selling and receiving the Money would 
certainly from that time to this, have enjoyed at least the Legal benefit of 
its use: That interest is what the Laws of all well regulated societies allow 
in lieu of the use or advantage of a ready receipt of Money, and is consistent 
with the more tender Principles of Natural Equity; and that if your Memost 
Father was to Abide by such his agreement, it must be taken in toto as well 
for him as against him, and consequently the Quit Rents of the Lands, and the 
Interest of the Purchase Money became instantly his absolute Right.—This plain 
Deduction of reasoning they could not but be immediately sensible of, and 
accordingly finding (as the truth is) that the Price demanded by your 
Memorialist at an average £8-10-0 Sterling per hundred was not much more than 
equal to one half of what the Terms Under Your Memorialists Fathers said 
Advertisement would Amount to, they universally and most Cheerfully complied 
with such Your Memorialists Terms; in which Conduct they have been since 
imitated by all the several different settlements on Your Memots Fathers Lands.

That in Consequence of this happy situation of affairs between Your 
Memorialist and his Fathers Tenants. he proceeded to lay off their several 
Plantations, in doing of which Your Memost even suffered them to direct the 
Compass, and hardly ever interfered, except to determine such disputes as 
might arise between Neighbors concerning their Lines when they could not be 
prevailed upon by his pressing Recommendations to settle the Matter (as he 
always wished they would do) between themselves. That it is now going on four 
Years since Your Memorialist has been most Assiduously employed in those 
Affairs, during which time Your Memorialist has laid off and disposed of the 
whole of his Fathers Tract to the Westward, to the Persons Seated thereon and 
others and given Titles for the same. And Your Memorialist here most humbly 
begs leave to observe to this Honoble Board, that it has ever been the boast 
of his own Mind, that in the Management of a Concern, so extensive in itself, 
so various in its Circumstances, and depending upon so many different Parties, 
he never had the least dispute or difference with any one, or occasion to 
Commence any but one single suit against one Sheppard, who had put his Fathers 
Title to defiance, and whom nevertheless Your Memorialist afterwards upon his 
submission forgave, and let him have his place without any advance. That Your 
Memorialist humbly insists the means he made use of to accomplish his Business 
in this much to be desired way, was to endeavour to do equal Justice to all; 
to grant every indulgence of time which honest poverty could ask, and never to 
add to the distresses of the unfortunate by a rigorous demand of the 
performance of their Contracts. That in the whole of your Memots proceedings 
he ever gave the refusal of the place to the Party seated on it, without any 
Charge for the improvement (except in a Manner which by Your Memots Fathers 
express Orders had been laid out for him on the Yadkin River, several Years 
before Your Memorialists came into the Province) That in so doing he had often 
disposed of Places for £30 or £40 the Improvement of which many Years before 
had sold from One to Two Hundred Pistoles; That throughout all the Tracts 
which he has had the Management of, the Number of Persons who have declined 
purchasing their Places is altogether trifling, the settlers having almost to 
a Man very cheerfully accepted of the Terms; which Your Memost must submit is 
a strong proof of their having been reasonable and agreeable to the settlers, 
and happily calculated for the Ease and Advantage of the poorer sort of his 
Tenants; which Your Memost flatters himself he has great reason to insist they 
were, as he never made the least difference between those who had Money to pay 
for their Places, and those who had none. And Your Memost begs leave to 
observe, that this is the course of such a Concern it may necessarily be 
imagined that he must have received Bonds from the People, to the amount of 
several Thousand Pounds, and that many of them must have much overrun the time 
of payment, Yet he submits it to Your Honour, that he never suffered his 
necessities to influence him to bring so much as a single suit upon them.

Such may it please Your Honour, Your Memorialist insists has been his Conduct 
in the Management of his Fathers Property. He will not now subjoin those 
Observations which he submits naturally arise from the facts but defer them to 
the close of this Memorial, and shall now proceed to the Occasion thereof, his 
Behaviour as it relates to the discharge of the trust imposed in him by Mr 
Selwyn

As your Memorialist before observed Mr Selwyn's Father was one of the Original 
Associates; that part of the Lands which fell to his share lay under much the 
same circumstances as Your Memost Fathers, 'till sometime in or about the Year 
1757 when the present Mr Selwyn impowered the Honble Richard Speight Esqr 
deceased, & the Honble Alexander McCulloh to act for him, who on account of 
the disturbance occasioned by the Indian war, found themselves unable to 
render him any service. That soon after the Death of Mr Speight it was 
mentioned to Your Memost to accept of a power to act for Mr Selwyn which he 
then declined, being well acquainted with the many disagreeable scenes, and 
heavy exertions both of Mind and Body that would attend the just discharge of 
a Trust of that Nature; But Your Memorialist's Father afterwards observing 
that there was some Intercourse of Business depending between Mr Selwyn and 
him, and apprehending it might be of service to Mr Selwyn to have his affairs 
in your Memorialists Hands, unknown to your Memost undertook for him (Your 
Memost) to Mr Selwyn who thereupon appointed Your Memost Father and Your 
Memost his joint and separate Attorneys for the Managemnt of His Interest in 
this Country; which Power of Attorney he received in May last and had 
immediately recorded in the Secretary's Office.

That upon Your Memost receiving the said power and agreeing to Act under it, 
he took upon himself as bound in Honour and Conscience to act for Mr Selwyn's 
Interest, in the same manner and with the same Zeal he had done for His 
Fathers, and being well acquainted with the unsettled and Arbitrary Notions of 
the Persons who had seated themselves down upon Mr Selwyn's Lands, he expected 
to meet with much Trouble in the Discharge of the said Trust; which he might 
reasonably imagine might be the Case when he reflected upon the injurious & 
contumelious Treatment His late Excellency had met with in the same Parts, and 
upon a similar occasion.—That Your Memost therefore in order to prepare 
matters for an amicable Settlement of Affairs in the Months of June, July & 
August last, undertook a Journey to those Lands which lie in Mecklenburgh 
County, for the purposes aforesaid, and for the purpose of running the 
Outlines of the Tract No 4 adjoining to Mr Selwyns wherein Your Memost holds a 
considerable quantity of Land in his own Right.

That upon Your Memost arrival, he was given to understand that many of the 
Settlers upon Mr Selwyns Lands and the late Governors intended to hold to the 
South (as they termed it) and oppose their running any Lines; giving out at 
the same time the greatest threats against his Life and Person;—That Your 
Memost nevertheless proceeded to run the said Boundary Lines, accompanied with 
a number of his Friends Armed, which he did unmolested, altho he had been well 
informed and believes that the said persons had a meeting that day to execute 
their designs, but upon further consideration thought proper to drop them.

That a very large number of these South Men residing on Mr Selwyn's Lands, 
Your Memost dread arose altogether from them, as the other Settlers seemed 
very well disposed—That Your Memorialist considering it would be extremely 
burdensome to him to make his Terms known to every individual in the Tract, 
recommended it to the Settlers to have a meeting and to choose and Authorize 4 
Persons to meet and treat with him on the Subject; that accordingly they did 
so; and in a day or two after, Your Memost met those Persons, whose Names 
were, James Norris, Thomas Polk, James Flannigin, & George Allen, with whom 
Your Memost had a long Conference, the result of which was, that they thought 
his Terms just and reasonable, and that the People might be well satisfied 
therewith: and upon their desire, that he would give the substance of them in 
Writing, Your Memost drew up and signed a Paper containing his said Terms 
Copies of which he delivered to each of them & which is in the following words

Vizt:

“Terms Offered to the Settlers on Mr Selwyn's Lands by Henry Eustace McCulloh 
as Attorney for the said Selwyn.

First “Every Person settled shall have the first Refusal of his place without 
being liable to any Charge for Situation or Improvement; or the risk of losing 
the same by reason of any greater Offers, provided he is willing to satisfy 
the Proprietor the same is Wood Land, according to the Valuation to be fixed 
thereon.

Such as may not be able to pay down the Purchase Money, shall have every 
reasonable indulgence of Time granted for that purpose: So that poor and Rich 
shall stand one equal Chance to secure their Labour and their Hopes.

Such as may repent of any Agreements which they may enter into with me, within 
3 Years shall have an absolute Right to demand from me, a Cancelling of the 
same and a return not only of the Principal, but of the Use or Interest of 
their Money in full; which may convince any Man of the least Reason, that he 
cannot with me possibly make a bad Bargain as he may at any time within 3 
Years take which end of it he pleases.—This I flatter myself must Absolutely 
stop the Mouth of Objection.

To do equal Justice to all, the Lands shall be sold Ad Valorem, that is 
according to Value, the price of the best £12 Sterling per hundred, the 
meanest £8 (N B Your Memost afterwards offered to reduce the last to £5 and so 
in proportion according to Quality. Circumstances of Time, Expenses, and the 
real Value of equal Lands considered, I must insist that the Regard which the 
Proprietor shews to the supreme Law of Natural Conscience and Equity, has 
induced him to part with his Lands for one third the real, Intrinsic and 
inherent Value thereof, for this I appeal to facts and the reflection and 
recollection of the Gentlemn whom the People Elected to meet and settle the 
Terms with me.

Provided no Injury is thereby offered to any Neighbouring Lands or 
Plantations, the places shall be run to the greatest advantage as to Wood, 
Water, and Soil without regard to Courses or Corners.

I do not propose to sell less than 200 Acres and no Man I think would wish it 
otherwise; but where the particular situation of the Places make it reasonable 
that I should do so, I have it in my will as well as in my Power to do 
otherwise.

Such as stand Ejectments, have no favour to expect. Quit Rents shall only be 
demanded from the time they were actually paid out of Pocket by the 
Proprietor; that is from the 25th of March 1760—And where the Party has not 
been so long in Possession from the Time of such Possession only.

The Title Deeds may be agreed upon by the People and shall meet my Acceptance.

I shall not look upon myself as absolutely bound to anything in this Paper, so 
as to prevent my being grateful to my Friends and just to my Enemies.

No Persons are to settle upon any part of the Lands from this Day.

These are in general the substance of what passed in Conversation, and seemed 
reasonable and Equitable to Messrs Polk, Norris, Flannagin, & George Allen, 
the Gentlemen whom the Settlers chose to meet and consult me on this head—Such 
as they are, the people may depend upon my Resolution to support them, and to 
vindicate the Rights of my Employer. Conscious as I am of their extream 
Lennity and that sacrifice of Interest which is offered to insure a favourable 
acceptance of them from the People, I must, and do hope, and insist, that I 
shall meet with that return from them which I may deserve: and they may depend 
upon finding me in every Instance, the thing I profess—Compassionate to the 
Poor, fond of my Friends—and not willing to remain indebted to my Enemies.

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