The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-10
THE POWERS AND DUTIES OF THE
CROWN GOVERNOR IN NORTH INA
By j. III. VAUGHAN.

vince; but, through documents known
as commissions and Instructions he
his powers, privileges and
uutIeS upon persons whom h had ap-
pointed as Governors. The commission
contained the general grant Of power,
and the instructions prescribed in de-
tail the manner in which that power
should be used. These two documents
taken together made up what we may
caH the written constitution of the
province. The commission was a pub
lie document, and had to be published
immediately on his arrival in the pro-
vince; but the Instructions were clos
ed, that is, they were only to the Gov
ernor and his u n Although the
instructions were closed, or private,
documents, the Governor occasionally
sent clauses of them to the Lower
House as a conciliatory measure. He
was not legally bound to do this, ex-
cept in case of those articles which es-
peciaqly concerned the Popular branch
OF n General Assembly. Each new
Governor brought his commission and
instructions with him to North Caro-
lima. Further instructions might be
sent by the King at any time; but in
reality only one additional instruc-
ton was ever sent-that to Governor
Martin in III.
The position of the Governor was
distinctly vice-regal in In
fact, the political life of an English
Royal province in the eighteenth CEN
fury was largely copied from, and de-
Veloped out of, the political institutions
of old England. There the King with
MS prerogat1Ve was, theoretically at
least, the final authority in legislative,
executive n judicial matters; and in
North Carolina, as in other Royal pro-
vinces, the Governor as the Kings
representative succeeded with many
| Limitations and rocfri0finnc 70 4ho M"
ers and duties Of the Royal preroga-
tive. The threefold English system
had to a certain extent been in opera
ton in North Carolina under the Pro-
| prietors, AN was kept UP with slight
changes under the ROYAL administra-
ton of the provinces" Thus, accord
ing to the English idea, the Governor
was the logical head of the legislative,
executive and judicial departments in
colonial administration. We shall
therefore discuss his powers and du-
ties under these three general divis-
ions.
1. His Legislative Functions.-It
was the duty Of each Crown Governor
of North Carolina to call a General
Assembly on his arrival in the pro-
vince, and as often thereafter as the
public welfare demanded it; but as he
and his Council had the sole power of
calling an Assembly they were like
wise h only judges of it's necessity.
This General Assembly was t be
composed of the Governors Council
appointed by the Crown, and the Low
er House representing the freeholders
in the COLONY.
TIL Council, as provided for in the
Governors commissions n instruc-
tions, was usually composed of twelve
persons appointed and commissioned
by the Crown, and holding their office
during the Crowns pleasure. Vacan-
cies were filled by the Crown and
Board of Trade, except when the num-
Der fell below seven. In that case the
Governor could appoint enough new
councillors to raise the number to sew
en-; but these appointments were valid
| only during the Kings pleasure. The
Councils powers, privileges and duties
were infinitely defined in the tower
nor's commission and Instructions. It's
| members were therefore dependent
| pom the Crown for their positions,
| and officially responsible to the Crown
for their acts. For this reason they
were inclined to take sides with the
| King rather than with the people.
The functions of the Council were of
three distinct tfpes: it served as an
executive board, as a court of justice,
and as the upper house of the colon
NAL legislature. In theory it had the
| same legislative powers as the Lower
House; but in reality it's powers were
IIIuItI 1908. III was uuO ~ LIN 1oSN
that the representatives of the peo-
pie had virtual control of he finances,
and thereby greatly Influenced legisla-
ton.
The organization and privileges Of
the Lower House, or Assembly as 1t
was often called, were in a measure
! prescribed by the Crown in it's instruc-
tons to the Governor. 1t was compos-
ed of members elected by the free
holders in the colony. Its grants of
power from the King were of a mega
tive rather than a positive nature;
that is, it could exercise those powers
which he had not prohibited. For eX-
ample, the Governor was instructed
not to allow it to exercise any powers
which were not permitted to the
House Of Commons in England. In adj
dition to these powers which it held OF
the King, it also a many other priv
ileges which it claimed in virtue of its
long legal and actual existence in the
! province.
With the Lower House the Governor
had many conflicts because they rep
resented different ideas. different in
~tereSts, and different institutions: but
with the Council he was naturally in
harmony because they represented the
| same ideas and interests n the same
institution, the Crown. There were,
however, two exceptions to this rule.
The relations between burlington and
the Council were strained and disagree
BILE, chiefly for personal reasons; and
Martins relations with it during the
last year of his administration were
very unpleasant, for both personal and
constitutional reasons. Martin was
stubborn and impolitic in his insistence
on the Royal prerogative, while the
Council in its legislative capacity was
taking sides with the people in their
extreme demands.
The Governor, as the Crowns repre-
sentative, naturally sought to secure
any legislation which the Crown wish
ed. He was Instructed to secure the
passage Of alb laws. statutes and ordi-
nances whatever for the good govern
ment of the province and the benefit
of the mother country, provided that
no law be repugnant to the common OF