The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-10

sedrS a1ter lneu transmission, Dut
they, OF course, went into effect upon
their ratification by the Governor, un-
less they contained a suspending
clause. If rejected by the King they
were null and void as soon as his de-
cision was known The negligence on
the part of the home government was
most annoying in the case of laws
could not go into operation Until the
King pleasure was known; and that
often took several years. AS a fur
Their check upon colonial legislation
the Governor was given full veto pow
er, n every law and ordinance pass
ed b the General Assembly had to
receive his assent before taking effect
or being transmitted to the King. His
use OF the negative voice was limited by
the requirement that he send the
Crown and Board Of Trade his reasons
for rejecting a bill.
A great cal of the Governors dis
cretionary power in the use of the neg
ative voice was taken away by specific
instructions not to allow certain acts
and classes of acts; and his power was
further limited by the Lower Houses
control Of the fiscal policy Of the pro-
vince. The home government instruct
ed him not to allow the passing Of any
law levying of money that might not
be accounted for to the Crown; but in
actual practice the House soon carried
this point over the Governor. He was
instructed not to allow any law issu-
ing bills Of credit which shouad take
effect before being ratified by the
Crown. Such bills had been fire.
quently issued in other American col
onies and in Proprietary North Caro-
lima, and had proved a great hinder
ance in h commercial relations OF
the provinces. These bills were also
issued occasionally under the Royal
administration, though with perhaps
n exception it was in case Of great
emergencies; and each time the issue
was directly forbidden by the Crowns
Instructions, but in 1854 the Crown put
an end to such violation of it's instruc-
tons by securing the passage of an act
through Parliament forbidding n
American colony to issue bills Of cred
it. The Governor was instructed to al
low the passage of no act for a shorter
time than two years. except a law
tevying X on wines and other
strong liquors, which might be passed
for a period of not less la one year.
He could not allow any private act
without a clause suspending it's exc
cution until ratified by the Crown; nor
fecting the Royal prerogative or the
trade of Englishmen, a draft of which
had not already been transmitted to
His Majesty and approved. No law
interfering with British shipping or
trade could be allowed without a
clause ~suspending it's operation until
the Crowns pleasure was known; and
no law instituting public or private
lotteries could be enacted until a draft
of same had been submitted to His
Majesty's Secretar, of State and ap-
proved. The of electing rep
resentatives, the number Of members
and how many should constitute d
quorum were all determined by the
home government in its instructions.
In these matters the Governor a no
discretionary powers; but it was his
duty to see that the instructions were
fully carried out. And, lastly, he was
forbidden to give his assent to any act
of the Assembly by which it should
grant him any gift or present what
oever The wisdom Of this provision
is at once apparent; because gifts from
the Assembly might unduly influence
the Governor.
In theory The Governor alone could
adjourn, prorogue or dissolve the AS
sembly whenever he chose to do so;
in actual practice, towever, he rarely
exercised this power except in con-
junction with his Council 1t often
happened during the Royal period that
Propagation or dissolution was the on
ly means of preventing the passage OF
unconstitutional avs. This was par
ticularly true in the early years Of the
Royal government when the colonists
and Lower House were contending for
every privilege which they had enjoy
ed under the Proprietors, and insisting
upon the validity of laws passed under
the Proprietary administration and
during the years 1729-1731, which laws
had not been ratified by the Crown.
1t was again true during the last three
years of the Royal government, when
the struggle between the colonists and
the Crown officials was reaching its
elimination. But this power Of the
Governor was sometimes used for rea-
sons that were far from constitutional.
Under burlington, Johnston and Mar
tin several Assemblies were dissolved
to prevent the passage Of acts which
were not in accord with the Governors
personal wishes. Yet. as we have seen,
in his legislative functions the Cover
nor was acting under very great linn
CTo Be Continued.) !