The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-26

saws: "Of these measures, which caused
| so much contention and discussion al
home and in England, the first, that re
quiring conformity with the Church OF
| England on the part of the electors OF
| the Commons, was a measure originating
in the politics of the mother country, but
readily adopted by the churchmen III
| Carolina to wrest and secure control OF
| the province from the dissenteTs. During
the last fifteen years there is little doubt
| but that the dissenters had been a ma
jority in the colony, and were the richest
| and soberest among them
The Lords Proprietors ratified the act
or rather Lord Granville did. he repre-
senting four of the proprietors at the
time and being in control. He refused
| to hear counsel, though it was requested
| by Mr.. Boon, the representative of the
dissenters, succeeding Mr. Ash, who had
| died. Mr. Boon now appealed to the
| House of Lords, who voted an address to
the Queen, stating that the act lis found
| ed upon falsity in matter of fact, is re-
| pugnant to the laws of England. contrary
to the charter granted to the Proprietors
| OF that colony, is an encouragement to
Atheism and 1rreligion, destructive to
trade and tends to the depopuating and
running OF the Province" The Queen and
her councillors concurred In this view. de-
clared the acts null and void. and the
Lords Proprietors were required to re-
peal the same, and did so, glad to escape
so well. for both the Attorney General
and Solicitor General had advised that the
act was such a violation of the law of
England as worked a forfeiture of the
charter
The South Carolina act has baen dis
cussed at such length because the North
Carolina act passed about the same time
is not preserved. Both were the out
come OF the same policy and indeed of the
same Instructions Governor Daniel, of
North Carolina, was but the deputy of Sir
Nathaniel Johnson, who exercised the Gov
eInorshlp IN person in South Carolina, and
Is known to have been in close sympathy
with his church views. Occasional refer
ences to the North Carolina act indicate
It's conformity with the South Carolina
acts. Pollock speaks of the law made
IN Colonel Daniels time before mention
ed, which requires all persons in any place
of trust or profit to qualify themselves
as the law requires" Glover in a letter
to the Bishop of London sends "a copy
OF the act passed here relating to the
church in which he says: There is one
great error. which was not in my power
to prevent, viz: the subjecting the clergy
to be judged by laymen" This apology
follows the condemnation of a like pro
vision in one of the South Carolina acts,
which SO seriously involved the proprie-
tors
The movement had begun in North Car
DINA under Governor Henderson Walker
IN 1701, when as Mr.. Gordon wrote the
Secretary AT last after many attempts,
the churchmen carried an act, but by
one or two votes, called. The Vestry Act,
by which twelve yestrymen are to be cho-
sen IN every precinct, who, have power
to build a church III each, and to raise
money from the inhabitants for that pun
pose, with a sum not exceeding thirty
pounds for a minister. You will bear in
mind that at this time the population
did not exceed 5000, not more than a
third of them adherents OF the Church OF
England. There were seven precincts and
one small town of twelve houses. The
province in population and wealth would
not equal one of our thrifty towns of to-
day, say Statesville or Rocky Mount. This
law which would be hard and oppressive
now, was by no means agreeable to the
Struggling settlers of that early day, and
! two years later we find Governor Walker
railing against the Quakers, saying they
have declared their design of making
void the act for establishing the church"
AS Uncle Remus might say, Both sides
put on their spurrers'
Mr.. Gordon writes: The church party
thought they had now made good step
and therefore designed to improve it to
the advantage of religion and setting such
a regular church discipline as the lords
proprletors were obliged by their charter
to countenance and encourage; but herein
they met with constant opposition from
the Quakers; who, still being powerful in
the council, numerous in the assembly.
and restless in their endeavors spared
neither pains nor expense to have the act
repealed or altered"
The first step in the designed improve
ment was to eliminate the chief opposi-
ton, to-wit, the Quakers. After the dis
approval of the South Carolina acts, that
of North Carolina is lost to sight. 1t is
not even brought forward in the records,
and new continuance was needed. An
excuse was found in the new oaths coming
in place of those abrogated upon the ac-
cession of Queen Anne. The Quakers as
always before declined to take the oath.
Two results followed. They were dismissed
from office in the Council, the Assembly
and the Courts of Justice 2. A law
was passed by the General Assembly SO
expurgated, that none should have any
office or place of trust without taking
the said oaths.'' In other words the law
was put in operation against the Quakers
before its enactment, and then it was
enacted into law, when they could not
vote and defeat it.
The charter provided that the laws be
enacted Hof and with the advice, assent
and appreciation of the freeman of the
said province, or of the greater part of
them, or of their delegates or deputies"
1t next provided that the colonists and
their children shall ''be in all things held,
treated and reputed as the leigc faithful
subjects of us and our heirs and successors.
born within this our kingdom"
The Lord Proprietors in their call for set
tiers had declared Eve Will grant in as
ample manner as the undertakers shall