Dobbs-Lenoir County NcArchives Court.....George City, Tower Hill & 1758 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jo Huettl johit@suddenlink.net February 24, 2008, 1:04 am Source: Nc Archives Written: 1758 Dobbs County, NC - Tower Hill & George City TOWER HILL & GEORGE CITY Found by Jo Huettl at the NC Archives - Craven County, Act for Erecting a city on the Neuse - Tower Hill - CR.028.928.12 - Transcribed by Martha Marble. NOTE: There are two documents in this file, one the petition of Richard Caswell for Tower Hill and two, the Act to create the new seat of government for NC to be named George on a plantation called Tower Hill. Both documents are stated to be copies and are hand written. The original Act is found in "The Colonial and State Records of NC", vol 25 p 373, which is typed. As with any copy or transcript the researcher should go back to the original where possible. The old Colonial Records are not available to the public but they can be found on microfilm. The format of the typed version and that of the hand written version are different and the punctuation or lack thereof is very different. To the Honorable the General Assembly of the State of North Carolina The memorial of Richard Caswell humbly showeth That in the year 1758 a tract of land on Neuse River called Tower Hill containing Eight hundred and fifty acres said to belong to Governor Dobbs was by Act of Assembly appropriated to the use of the public for the purpose of erecting a seat of Government thereon, and your memorialist believes the purchase money was paid to Governor Dobbs, but in the said act of Assembly was contained a clause suspending the Execution of the same title the Kings pleasure should be known thereon, which as your memorialist apprehends was never Signified Officially so that the law in that case was never carried into effect under the former government and the title remained in the former proprietors at the time of the revolution when the confiscated Law took place the estate of the late Governor Dobbs and the estate of Edward Brice Dobbs his son in whom your memorialist apprehends the legal title to one hundred and fifty acres part of the aforesaid quantity was vested was declared forfeited to the State and in consequence of the Law directing the sale of confiscated property the said lands called Tower Hill were by the Commissioners sold at public venue and your memorialist became the purchaser but some doubts having arisen whether those Lands were ever the legal property of the said Governor Dobbs and if they were whether they came within the meaning of the confiscated Laws. Your memorialist did not immediately pay the purchase money but gave his bond with security for the same as well as for the payment of the purchase of some other lands in full confidence that your Honorable Body would when the facts came to be ascertained to him that justice that he might from the principles of right and Equity be entitled to. Your memorialist therefore declined taking out a grant for the aforesaid Lands, until he had made the most delegent search in the Secretary's Office and also in the Office of the Register of the County for the Titles under which the aforesaid Governor Dobbs claimed the same and not being able to find any record of Title in him to my part of those Lands, Your memorialists soon after the execution of his aforesaid Bond did present a memorial to the honorable the Legislature praying redress, but the business of a public notice then being before the General Assembly was such as to prevent the proper measure being pursued. Your memorialist flatters himself that on consideration of the premicy ?? and the facts appearing as he has stated them your honorable Body will be pleasant to direct the Treasurer to release him of the amount of the purchase money for those lands or such part of them as you shall judge he cannot obtain a Title to. Your memorialist further prays that he may be allowed to discharge the remainder of the sum mentioned in the condition of his aforesaid Bond in money and certificates agreeable to the Tenor of the Acts of Assembly directing the aforesaid sales, as nothing else prevented him from making a lender of the same to the Commissioners except that he wishes to ascertain the Title. And your memorialst will ever pray Fayetteville Decr 18, 1786 R. Caswell Endorsed In the house of Commons 21 Dec. 1786 read and referred to Mr. Sitgreaves, Mr. Cabarrus, Mr. Davie & Mr. Blount on the part of this house By order J. ?? Hunt C.C. In Senate 22 Dec. 1786 read and referred to Mr. Harget, Mr. Hundon, Mr. McCauly, & Mr. Wynes By order S. Haywood, CS COPY In Senate January 4th, 1787 Mr. Hundon from the Committee delivered in the following report Your Committee to whom was referred to the memorial of Richard Caswell esquire Report that the facts set forth in the memorial of the said Richard Caswell so far as they relate to Tower Hill containing four hundred acres and one other tract adjoining the same containing three hundred acres appear to your Committee to be sufficiently supported that it appears there is not nor ever was any Title to the late Governor Dobbs for those lands, that the said Lands were not withstanding sold by the Commissioners for the property of Governor Dobbs as forfeited under the Confiscation Laws to the said Richard Caswell for 651 pounds. That as no title to the aforesaid seven hundred acres of land can be properly issued to the said Richard Caswell your committee are of opinion that the Treasurer be directed to release to Richard Caswell on his said Bond the Consideration money for such Lands amounting to 651 pounds. The House taking the said report into consideration. Resolved that they do concur therewith. Extract from the Journal J. Gasgow, Secretary COPY END OF DOCUMENT An Act for Erecting a City on Neuse River upon the Plantation called Tower Hill fixing the seat of Government Therein and Building a Governors House and public Offices in the same Whereas it is absolutely necessary that the seat of Government should be fixed and a house and offices for the Reception and Residence of the Governor or Commander in Chief for the time being a House for the convenient setting and holding of Assemblies and an Office for the Secretary of this province be erected with all the possible Expedition at a proper healthy place as Central as may be to the Inhabitants of this Government. And for as much as the plantation commonly called Tower Hill Situate on the North Side of Neuse river in Dobbs County hath been found to be healthy and agreeable having the natural advantage of pleasant temperate air High and Dry Land and Wholesome springs. Be it therefore enacted by the Governor or Council and Assembly and by the authority of the same that the aforesaid plantation called Tower Hill now being in the Seizen And possession of his Excellency Arthur Dobbs Esquire Governor and Commander in Chief of this province and containing Eight hundred and fifty acres of land shall be and is hereby reserved and appropriated for the only Sole use of a City to be built thereon and a Common thereto and to no other use Intent or purpose whatsoever And be it further enacted by the authority aforesaid that the said City when built and a Governor's House and offices a House for holding Assemblies and a Secretary's Office are erected therein according to the direction of this Act shall be and hereby declared and established the Seat of Government for the province of North Carolina that the General Assembly Courts of Chancery, Courts of Claims, Secretary's Office and Clerk of the Chancery's Office may from time to time be held and kept in the said City and all business Incident to the Assemblies and the said Courts and matters appertaining to the said Affairs be there done and transacted any Law usage, or Custom to the Contrary notwithstanding. And be it further enacted by the authority aforesaid that four hundred acres of the aforesaid plantation and eight hundred and fifty acres of Land shall be and is hereby appropriated and set apart, to build thereon the said City which shall be called and known by the name of George City and the residence thereof shall be and remain for a common thereto. Provided nevertheless that the committee herein after mentioned or any five of them shall and may and are hereby required to alot and lay off twenty five acres out of that part of the Said eight hundred and fifty acres which shall be set apart for a common to the said City for the use of the Governor or Commander in chief for the time being to be by him held and enjoyed in severalty from the rest of the said common for a pasture and to and for no other use or purpose whatsoever any thing herein contained to the Contrary notwithstanding. And be it further enacted by the authority aforesaid that eight acres part of the aforesaid four hundred acres which shall be agreed upon by the committee herein after appointed or any five of them be appropriated to the use of building thereon a dwelling House and offices for the Governor or commander in Chief for the time being and two acres other part thereof be appointed in manner aforesaid for a Church to be built on and Church Yard and three acres another part of the same be in like manner appointed to erect a House on for the Assemblies to be held and held in and Secretary's Office, and that the said building for holding Assemblies shall be forever called and known by the name of the State House of North Carolina. And be it further enacted by the authority aforesaid and it is hereby enacted that the said building shall be erected and built in manner and form and according to the rules and dimensions following (to wit) A dwelling House for the Governor or commander in Chief two story high three Bricks thick to the water table and from the water table to the top of the first story two and a half Bricks thick and from there to the top of the second story two Bricks thick the length of the said House to be fifty feet from outside to outside and the Breadth thereof forty five feet from outside to outside and the first story shall be twelve and a half feet pitch in the clear and the Second Story ten feet pitch in the clear The passage and two rooms between below stairs to be neatly wainscotted three feet and a half high and the other parts of them plastered and whitewashed and the other below stairs plastered and whitewashed and ornamented with paper and the rooms above stairs plastered and white washed a passage in the middle of the House fourteen feet wide in the clear and a large neat stair Case The said House to have four chimneys and the roof to be a hipped Roof and that the windows in both storys to be sash windows a cellar the whole length of the House under two rooms thereof an office of brick Forty four feet in length and twenty four feet in Breath from outside to outside with one chimney and feted in the inside in a suitable manner for a kitchen. A stable of Brick of the same dimensions as the kitchen part whereof for a coach room and the rest fetted in the inside with stalls and proper conveniences which said kitchen shall be placed at thirty feet distance from one corner of the Front of the said dwelling House and the stable at the same distance from the other corner of the Front of the said House and a Colonade of eight feet wide from outside to outside from each of the said corners to the said building respectively and the said buildings respectively shingled with good Cypress Shingles A State House of two story high the Foundation of which shall be three Bricks thick to the water table and from the water table to the top of the first Story two and a half Bricks thick and from there to the top of the Second Story two Bricks thick the length of the said building to be Seventy feet and the Breadth thereof Twenty Five feet from inside to inside the first story to be twelve and a half feet pitch and the second story ten feet pitch in the clear and neatly plastered and white washed and forty feet in the clear in one end of the lower Story of said building shall be parted from the rest by a wall and the inside thereof fitted and properly decorated for holding Assemblies and fourteen Feet adjoining the said Partition Wall shall be a passage or Lobby and the other part of the Building divided into two divisions whereof one to be for a large and handsome staircase and the other part an Office for the Clerk of Assembly for depositing in and safe keeping the Rolls and papers relating to the said Office and forty feet in the clear in one end of the upper story of the said building shall be parted from the rest by a wall for holding Councils, a Court of Chancery and a Court of Claims and Fourteen feet adjoining shall be for a passage and the other end except to much as is necessary for a Stair Case shall be for an office for the Clerk of the Council and Clerk of the Court of Chancery and that the Roof shall be a hip Roof and flat and shingled with Cypress heart shingles and the windows to each Story of the building shall be sash windows. The lower part of the said Building shall be and is hereby appropriated to the use of the Assembly of North Carolina for the holding and Keeping Assemblies and the office thereto belonging and the upper Part of the said Building shall be and is hereby appropriated to the Use of the Governor or Commander in Chief for the time being and Council of this Province for holding Councils, a Court of Chancery, and Court of Claims and the several offices to the said Council and Court of Chancery belonging and to no other uses Intent or purpose. An Office for the Secretary of Brick with Walls of the same dimensions as the lower Story of the State House the length whereof to be forty two feet and the Breadth twenty feet from outside to outside and the pitch twelve and a half feet and plastered and white washed a partition in the middle and an inside Chimney in one end of the said Building. The floor to be paved with Flag or Brick Stones. The Roof to be a hipped Roof and the windows sash windows. The Steps to the Governor's House, State House and Secretary's Office to be semicircular and of Flag Stone or Brick. And be it further enacted by the Authority aforesaid that the Honble John Dawson, Lewis De Rossett and Richard Spaight, esquires and John Starkey, John Asshe, John Fonville, Joseph Bryan, John Campbell, and Benjamin Wynns, esqrs. shall be and are hereby appointed a committee to inspect and oversee the said buildings untill they shall be finished and they or any five of them are hereby authorized, impowered and required to covenant and agree with such and so many undertakers, workmen and overseers of the Said buildings as they shall think fit and to give such necessary orders and directions therein from time to time as they shall see cause for the carrying on furtherance and Finishing the said Buildings respectively according to the aforesaid Rules and Dimensions and that the said committee or any five of them be likewise authorized and impowered by Virtue of this Act on the public account and Risque to send for out of England or elsewhere Hinges, nails, Glass, Paint, Stone, and such other materials as they think necessary for carrying on and finishing the said buildings. And be it enacted by the Authority aforesaid that the Said Committee or any five of them as often as they shall have Occasion for money for the use aforesaid from Time to Time apply themselves to the Governor or Commander in Chief for the time being to issue his warrant to one or both of the Treasurers of this Province requiring him or them to pay so much money as they shall have Occasion for, not exceeding the Sum of Six Thousand Pounds Proclamation Money who is and are hereby impowered and required to pay the same to the said Committee upon such warrant which said Sum or Sums the said Committee shall account for to the General Assembly. And be it further enacted by the Authority aforesaid that the aforesaid Committee or any five of them shall and may and are hereby required after setting apart eight acres for Building a Governor's house and Offices thereon, three acres for a State House and Secretary's Office and Two acres for a Church and Church yard and Two acres for a market place, lay out and proportion into Streets, Lanes, Alleys and half acres the residue of the aforesaid Four Hundred acres of the said Plantation called Tower Hill by virtue of this Act set apart for the use of the said City of George every half acre of which shall be a distinct Lot of ground to build upon in manner herein after expressed that is to say whatever House is to be built on the main Street of the said City the Front thereof shall come within ten Feet of the Street and not nearer and the Houses in the several Lots on the main street shall Front alike which said Street shall be called and known by the Name of King Street and the other Streets and Lanes named by and built on according to such Rules and Orders as shall be given and made by the aforesaid Committee or any Five of them. And be it further enacted by the Authority aforesaid that the aforesaid Committee shall be vested with and seized of and in a pure absolute perfect indefeasible Estate of Inheritance, in fee of in and to the said Plantation and Eight Hundred and Fifty acres of land called Tower Hill in special Trust and confidence to and for the uses intents and purposes of this Act and to and for no other use Intent or purpose whatsoever; and the said Committee or any Five of them shall and may convey unto any person or persons purchasing the same at the Costs and Charges of such person and persons one or more half acre or half acres of the aforesaid four hundred acres hereby appropriated for the building the said City on by good and sufficient deed and assurance in the Law for which Deed the said Committee shall not charge more than five shillings, Proclamation money unto such Person or Persons his her or their Heirs and Assigns forever, and every person and persons claiming any Lot or Lots in the said City by virtue of any conveyance and conforming him her or themselves to the Terms and conditions by this Act prescribed shall and may hold and enjoy the same in Fee simple Provided nevertheless that every Grantee of any Lot or Lots in the said City conveyed in manner aforesaid shall within five years next after the date of the conveyance for the same erect build and finish on each Lot so conveyed one Stone, Brick or well framed House thirty Feet long and eighteen feet wide at the least and twelve and a half feet pitch at least if such Lot or Lots be on the main Street and twenty feet long and Sixteen wide at the least and ten feet pitch at the least if such Lot or Lots be on any other Street or a House or Houses proportionable to such Dimensions if such Grantee shall have two or more Lots contiguous and if the owner of any Lot shall fail to pursue and comply with the Directions of this Act for building or finishing a House or Houses thereon then such Lot upon which such House or Houses shall not be built and finished within the Term aforesaid shall be vested in the said Committee and the said Committee or any five of them may and are hereby authorized and impowered to sell such Lot for the best price that can be got to any person applying for the same in such manner and under such Restrictions as they could or might have done if such Lot had not been before granted. And be it further enacted by the Authority aforesaid that the said Committee or any five of them after laying out the aforesaid four hundred acres of land in manner herein before mentioned shall make a fair plan of the Streets, Lanes, Alleys and Lots in the said City and therein insert a mark and number to each lot and the said Committee or any five of them shall have full power and authority to meet as they shall think necessary and to establish rules and orders for the more regular placing and building houses in the said City and repairing and amending the Streets thereof and removing all nuisances happening in the same and if the inhabitants of the said City shall refuse fail or obey or pursue such Rules and orders they shall be liable to the same penalties as are inflicted for not repairing the Highways in the said County of Dobbs which shall and may be recovered before any Justice of the Peace. And whereas enabling the said Committee to take subscriptions for the Lots in the said City may promote a speedy Sale thereof Be it therefore enacted by the authority aforesaid that the said Committee or any five of them may and are hereby authorized and empowered to receive and take subscriptions for lots in the said City and the said Committee or any five of them within one Month after they shall have laid off the City in manner herein before directed and taken Subscriptions for two hundred Lots therein at least shall appoint a time and give public notice thereof for meeting the subscribers for the said Lots on the said Lands for Determining the property of each particular lot which shall be done by Ballot in a fair manner by the directions of and in presence of five of the said Committee at least and each subscriber shall be entitled to the Lot which shall happen to be drawn for him and correspond with the number contained in the plan of the said City. And be it further enacted by the authority aforesaid that every Grantee of any Lot or Lots in the said City within one month after the said Committee or any five of them shall have conveyed the same to him shall pay to the said Committee or any five of them shall have conveyed the same to him shall pay to the said Committee or some or one of them the Sum of thirty Shillings proclamation money for each Lot so conveyed to him and in case of the refusal or neglect of any Grantee to make such payment the said Committee shall and may commence and prosecute a suit in their own names for the same and therein shall recover judgment with Interest and Costs of suit. And be it further enacted by the authority aforesaid that there shall be paid and Satisfied out of the public Treasury to his Excellency Arthur Dobbs, Esq. Governor of this province for the aforesaid plantation called Tower Hill and eight hundred and fifty acres of Land the sum of four hundred and fifty pounds proclamation money being the original price of the said Lands in full satisfaction for his Right, Interest and estate therein, and also that the aforesaid Committee as often as required shall render an account to the General Assembly of the profits and produce of the Several half acres or Lots of Land by them sold in manner aforesaid and after allowing the said Committee for their expencies in executing the trust by this Act reposed in them and for their service therein the residue shall be disposed of towards Reimbursing the public the first purchase of the said Land. And be it enacted that the said Committee shall keep a register of all their proceedings in discharge of the respective trusts by this Act vested in them and as often as required lay the same before the General Assembly for their inspection. And be it further enacted that in case of the Death, refusal to act or removal out of the Country of any of the said Committee the surviving or remaining members of the Committee shall from time to time elect and chose some other persons being a Freeholder of this said City in the place of him so dying, refusing to act or removing out of the Country who shall be to all intents and purposes vested with the same power and authority as any other member of the said Committee in this Act nominated and appointed. Provided nevertheless that the aforesaid Committee shall not proceed design lay out and Build the said City or to contract or agree for the Erecting therein a Governors House and Offices, State House or Secretary's office or either of them until they shall have received certain advice that the proportion of the sum of Fifty Thousand pounds Sterling Granted by the parliament of Great Britain to North and South Carolinas and Virginia toward reimbursing a part of the expenses the said Governments have been at in defending the Rights and Possessions of the Crown in North America is paid or secured to be paid to the agent of this Province. Anything herein contained to the contrary notwithstanding. Read three times and ratified in General Assembly held 3 Day of December 1758 COPY This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 25.0 Kb