John Hay Petition ~ 1780
Source: Colonial Records Of North Carolina
Written: 1780
Petition from John Hay concerning confiscated land
Hay, John, ca. 1757-1809
April 29, 1780
Volume 15, Pages 201-202
PETITION OF JOHN HAY, JR.
April 29th, 1780.
General Assembly of the State of North Carolina.
The humble petition of John Hay, jun.,
Sheweth,
That Henry McCullock, esquire, having granted to Patrick Smith, late of
Belfast, in the Kingdom of Ireland, merchant, twelve thousand five hundred
acres of land within the bounds of this State, the said Patrick Smith conveyed
one moiety thereof to Arthur Dobbs, Esquire, late Gov. of North Carolina, and
the said Arthur Dobbs, by a writing under his hand dated the ninth day of
June, one thousand seven hundred and fifty-three, declared that he held one-
third part of the said moiety, containing two thousand and eighty acres, in
trust for Arthur Rainey Maxwell, esquire, his heirs and assignees, and Conway
Richard Dobbs, esquire, eldest son and heir-at-law of the said Arthur Dobbs,
by deed bearing date the 12th day of July, one thousand seven hundred and
seventy-nine, released and surrendered his trust in the said lands and
assigned the same to Rainey Maxwell, esquire, son and heir-at-law of the said
Arthur Rainey Maxwell, now deceased; and the said Rainey Maxwell, by Indenture
bearing date the twenty-first day of the same July, conveyed the same to your
Petitioner, his heirs and assigns, as by the said declaration of Arthur Dobbs,
the release and assignment and indenture hereto annexed, and to which your
petitioner begs leave to refer, may more fully appear.
That your petitioner embarked at the port of Belfast in the month of September
last with about forty passengers, many of them persons of property, and
arrived in the commonwealth of Virginia in the month of December following,
all the said passengers originally intending becoming citizens of some of the
United States of America, and to enable them to effect this in the most
convenient manner brought with them a considerable part of their property.
Your petitioner, having at the risque of his property as well as that of his
personal liberty, removed himself from his native country to become a citizen
of this State, and thereby to enjoy a participation of the blessings of
liberty, flatters himself that his claim will appear to your honorable body in
a favourable point of view, and that you will, from a regard to equity and
natural justice, (not in the present case inconsistent, as your petitioner
conceives, with sound policy,) so far do away the acts for confiscating and
disposing of the estates of absentees as will enable your petitioner to take
possession of the purchase he has made.
Your petitioner begs leave to represent to your honorable body that the title
deeds for the lands claimed by your petitioner must have been in the
possession of the late Gov. Dobbs, and your petitioner has reason to believe
fell into the hands of the attorney of Mr. Edward Brice Dobbs; and as your
petitioner has very lately come into this State, he hath not had an
opportunity to apply for copies of them, nor doth he, with any degree of
certainty, know where they are to be found.
Your petitioner also begs leave to represent that the late Governor Dobbs (as
your petitioner has been informed and believes) sold several plantations and
considerable quantities of lands in Mecklenburg County, and as it doth not
appear from the annexed papers in what part of the State the lands claimed by
your petitioner are situated, and if in Mecklenburg County, it is highly
probable that the most valuable and greatest part of what Governor Dobbs held
were disposed of in his life time, or have been since appropriated under the
late act of Assembly, and as he possessed a tract of land on the Six Runs (?)
in Duplin County, which is no other wise affected than be the confiscation
act, your petitioner humbly hopes that your honorable body will order that two
thousand and eighty acres of land may be laid off for him from Mr. Dobb's
tract in Duplin County, as a full compensation for his claim by virtue of the
annexed papers
Your petitioner begs leave to subjoin a testimonial from the Governor of
Virginia, and a certificate of your petitioner's having taken the oath of
allegiance and fidelity to this State, and is ready to make further proof (if
necessary) to the authenticity of the annexed papers.
Your petitioner humbly prays that your honors may take the premises into
consideration and grant him such relief as you, in your wisdom, shall think
meet, and your Petitioner as in duty bound shall pray, &c.
JOHN HAY.
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