Answers &ca.
The Governor's Objections must be considerd in two Lights:
1st. As respecting the Limits or Lines of His Lordship's Division so far as They were actually run ascertained, and allotted by the First joint Comisr. of the Crown and His Lordship, and accordingly ratifyed, confirmed, & granted by His Majesty's Deed of Seperation & Grant to His Lordship: which Division was ascertaind to be bounded, to the North, by the Line that divides N: Carolina from Virginia; to the East, by the Western Ocean; And as far Southerly as a Cedar Stake set upon the Sea Side in Lat: 35°: 34'; From thence by a West Line, which went 1660 Poles to the North of the South End of Bath Town, &c.
2d. Obj. Or 2dly. as respecting the three subsequent Continuations of the sd. West Line from Bath Town; The 1st. & 2d. of which were made by like joint Comisr. of the Crown & His Lordship, And the 3d. by an Ex Parte Continuation thereof.
As to the 1st. The Governors Objection goes to the Overthrowing, Or (which wou'd be the same in Effect) to the New Modelling of His Majesty's said Deed of Seperation & Grant, in which the sd. Limits are specifyed & expressly allotted to His Lordship; Neither of which can now be done but in Consequence of some Legal Judgment, or Decree of Reversal; The sd. Grant being a Matter of Record.
As to the 2d. Obj. The 1st. & 2d. Lines of Continuation were run by joint Comisr. of the Crown & His Lordship in Pursuance of their respective Powers to Such Comisr. for that Purpose. And having been made under that Authority, and also in Pursuance & Execution of His Majesty's sd Deed of Grant so become Matter of Record, They are thereby renderd Unalterable, & become valid & binding to both Parties, until the same shall be sett aside by a like Judgment or decree to that End.
As to the 3d. Continuation, mention'd by the Governor; if Such an Extension has been made, It was run without like Orders, or any proper Authority, & consequently cannot be binding either to the Crown or to His Lordship. But in Order to remedy or prevent any Prejudice that has accrued, or which may accrue to Either thereby, It may be Expedient by a joint Commission to extend the Continuation of the sd. West Line, from the Place where the Comisr. of The Crown & His Lordship last left off at: That so It may be legally ascertaind, To Whom The present & Future Grantees of Land, in the Parts adjacent, ought to pay their Quit Rents &c.
My Lord's Comun. to the Comisr. appointed by him to meet His Majesty's Comisr. for Setting out His Lordships 8th. Part of Carolina.
25 May 1743.
NB. The Crown's to the same Purpose, & of same date. Mutatis Mutandis only.
The Comisr. Return of the Setting out or Allotment of sd. 8th. Part from the Sea Board at 35°. 34': to 1660 Poles North of South End of Bath.
6th. Decr. 1743.
The Continuation of sd. Line by the joint Comisr. of the Town & His Lordship in the Months of March & April 1746.
The further Continuation of sd. Line by like joint Comisr. to Rocky River.
10 Jany. 1746/7
The sd. Continuations were made in ⅌suance of His Majesty's General Standing Instruction to Govr. Johnston for that Purpose.
26 Oct. 1744.
My Lord to His Agents at the same time & to the same Effect.
His present Majesty having agreed with Seven of the late Lords Proprietors of Carolina for the Inst. of your Title & Int in that Province to the Crown, an Act of Parliamt. was made in the 2d. year of His Reign (Anno. 1728) for [titling] the sd. Agreemt., & to carry the Same into Execution.
In that Act there is contain'd a Reservation To the Earl Granville & his heirs &c. by the Name & Title of John Lord Carteret of All Such Estate Interest in & to One 8th. Part or Share of the sd. Province, & All Such other Rights Titles Priviledges & Powers wtsoever by the sd. Lord Carteret & his heirs &c. Then had under the Lres Patents of King Chas. 2d. recited & set forth in the sd. Act of Parliamt.
In 1743 His Majty having directed That the full & 8th Part of the said Province there be sett out & allotted to the said Lord Carteret by joint Comrs. to be appointed on His Majesty's & the sd. Lords' Behalfs, Comers. were accordingly by them respectively.
In 1742 His Majesty by his Order in Council directed That the sd Ld Carterets 8th Part of the sd Provinces shoud be set out and allotted to him in severally parts by joint Commissioners to be appd. by His Majty & the sd. Ld. respectively for that Purpose.
In 1743 In such Comers. were accordingly appd., Who in Consequence of the sd. Order, & of His Majty's Royal Instructions thereupon met & proceeded to set out & allot to the said Lord Carteret one full 8th Part of the sd provinces in one intire separate District in the Province of N.C. next adjoining & Contiguous to the Province of Virginia wch Eighth Part It was then Declared The sd. Comers. did Agree And with Respect by the sd. Comers. to be there bounded to the North. There having mark’d out the sd. Lat: in Order to proceed in carrying on a Western Line parallel to the Virginia Boundary, They were obligd, upon the Acct. of a large Swamp of separated of 60 Miles Extent between the sd. Cedar Stake & Bath Town, to repair thither for making a new Observation agreeable to the Lat: of sd. Stake, wch They fixed at 1660 Poles to the N: of the S. End of Bath Town, & 10 West to the Extent of the Charter.
In an Act of Parliament made in the 2d. year of His Majesty's Reign, Anno 1728, intituled an Act for establishing an Agreemt. with & of the Lords Proprietor of Carolina, for the Surv. of the Title & Int. in the Province to His Majty There was a Clause inserted, thereby Renewing to the Eighth Lord Proprietor, (who was also Palatine, and Governor but did not concur with the Others in the sd Surv.) All his Est: Right Title Interest Property Claim & Demand whatsoever under the Carolina Charters recited in the sd. Act.
His Ldp's Proportion of the sd. Charters is 63' & ¾ Minutes
In 1743 Comers. having been appointed on His Majesty's & The Earl Granville's Parts respectively for setting out His Lordship's Eighth Part of the Charters, a District of the Lat. of 56 Minutes was sett off & Allotted to him as a full 8th. of the sd. Charters.
By those Comers. It was Agreed, that the Said District Should be Sett off, in Conformity to His Majesty's Instructions, in that Part of Carolina wch adjoins to Virginia.
The Virginia Boundary therefore, ch was run in the most solemn Manner & at a vast Expence to the Crown in 1728 was the Rule to go by, in the Allottmt. of His Ldp's sd 8th. Part. Accordingly The sd. Comers. having made the sd. Virga. Line to be the Northern Boundary of the sd. District, proceeded to fix the Southern Boundary, wch They did by planting a Cedar Stake upon the Sea there & lying by an exact Observation, taken for that Purpose in the Lat: of 35°. 34' wch Lat: being deducted from 36°. 30'. the Lat. of the Virginia Boundary, Leaves a District of 56° only instead of one of 63 & ¾ minutes.
Minutes in answer to Govr. Dobbs's Letter of 25th. Augst 1755.