The semi-weekly messenger., 1904-06-24

Duties of the Crown Governor In Nortn
CaroIina"-the winner of the John
Sprunt Hill Fellowship at the state
University is presented to our readers
today. Mr.. Vaughan has previously
treated of the Legislative and Execu-
tive functions of the Crown Governor
and his paper today treats of the Ju-
diciaI functions.
HI. His Judicial unctions.-Besides
his legislative and executive powers
the Governor had also certain very I'M
portant judicial powers. Acting under
his instructions from the Crown ne mao
the general supervision of the admins
tration of justice in the province. Wltn
the advice and consent of his Councl
he could establish such courts OF law
and equity as were necessary 10 near
and determine all civil and crlIhiIiai
cases in North Carolina
Under tins large and indefinite judi
cial power four Common Law Courts
were established in the province: the
Supreme, or General, Court; the
Court of Oyer and Terminer and Gen
eral Jail Delivery; the Inferior Courts OF
Pleas and Quarter Sessions; and the
Magistrates Coutrs.
The Supreme Court, or General
L, DIS IL WAS CdiIC0 III ASo Cc~ASy AAAS
tory, was one of the old Proprietary
institutions which was handed down
to the Royal Government, and which
remained practically unchanged. II
was at first composed of the Chief
Justice, who was appointed, commits
stoned and instructed by the Crown,
and assistants, who were simple JUS
tices of the peace appointed by the
Governor and having no power apart
from the Chief Justice. After 1739, be
sides holding its regular sessions In
Newberne, this court became also q
circuit court, holding sessions in differ
ent parts of the province. Instead or
assistants. there were now three asso.
ciate justices having power to hold
court in absence Of the Chief Justice.
This added greatly to the efficiency Of
the judicial system by putting the
courts in reach of the different parts
of the province and making them more
useful to the people. At first there
were only three judicial districts in
the province; but by 1894 the number
had been increased to six. The juris-
dictfon of the Supreme Court extended
to "a1 pleas of the Crown (treason,
felony, and crimes committed in
breach of the peace), suits in common
pleas, legacies and estates of intestates
whether original or on appeal from the,
Inferior Courts by means of writ Of
error"
The Court of Oyer and Terminer and
General Jail Delivery was composed
of the Chief Justice, two or more as
other high officials. The Chief Justice
and any other three members of the
Court constituted a quorum. This
court was in reality criminal session
of the Supreme Court, having juris-
diction in cases of treason, felony and
nisdemeanor. By an act of the Cen
eral Assembly in 1746 the Governor
was authorized to commission the
Chief Justice to hold this court with
out the assistance of any Of the other
members. Two sessions were held
yearly in each district. Before these
criminal sessions the jury system was
in constant use.-
The Inferior Courts of Pleas and
Quarter Sessions were under control
of the legislature until fI46. After that
time they were composed of three JUS I
tices Of the peace, who were appointed
by the Governor and Council. Four
sessions yearly must be held in each
county of the province. These courts
had jurisdiction in civil actions involv-
ing more than forty shillings and less
than twenty pounds sterling, and In
criminal cases of petty nature.
The Magistrates Courts had been es-
tablished under the Proprietors, and
were in operation when the Crown took
control of the Government of North
Carolina. At that time two magis-
trates sitting together mad jurisdiction
over all civil actions of less than forty
pounds sterling. Under the Crown
these courts were composed of one or
two justices OF the peace, and had jur-
isdiction in cases too small to go be-
fore the Inferior Court.
IrfS 4
there were the Court of ExcheQuer
the Amiralty Court and the Court of
Chancery; but these will be discussed
under the special provisions for their
erection, not, under the general power
of the Governor to erect and establish
all courts in the province.
The Governor appointed and commits
stoned all the officers in thse courts
except the Chief Justice and the Attor-
ney General, who were appointed and
commissioned by the Crown. He could
issue no commission for good beha-
vior; but all must be unlimited except
by the Crowns pleasure. The Cover
nor was instructed to appoint justices
of the peace and commissioners or Oyer
and Terminer, and to administer to
every judge, justice and other official
connected with the said courts the
oaths and test before mentioned. He
had the power of pardon in all cases
except treason and w1iful murder. IN
which he could only grant reprieve until
the pleasure Of the Crown was known.
He was instructed to establish a Court
OF Exchequer and a Court of Claims
for the adjustment of cases arising out
of the colonial revenue. The Court OF
ExcheQuer was first established in
North Carolina in 1735. According to
the Crowns instructions it was erected
by the Governor and Council, and COM
posed OF a chief baron appointed by
the Crown and other officers appoint
ed by the Governor. Its duty was to
try all cases arising from the Crowns
revenue, which was to a large extent
obtained from land. But, as a matter
OF fact, it did practically nothing.
The Chief Justice demanded that such
cases should come before the Supreme
Court. The Court Of Claims. compos-
ed of the Governor and his Council,
usually sat twice a year at certain
places in the province to hear and de-