The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-17
THE POWERS AND BUTIES OF THE
CROWN GOVERNOR IN NORTH CAROLINA
HIS EXECUTIVE FUNCTIONS.
By J. II.

paper that won the John Sprunt Hill
Fellowship" at the University or
North Carolina Mr.. Vaughan today
treats of the executive functions Of the
Crown Governor in North Carolina
Next Sunday the judicial functions
will be the subject.
II. His Executive Functions.-The
large body of the Governors execu-
tive functions falls naturally into three
main divisions,-Q Administrative,
90 Territorial, (3) Military.
1. The general administrative func-
lions of the Governor were very num-
erous, and in most Of them he acted
with the advice of his council. He was
the actual and logical head OF the en-
tire governmental machinery Of the
province; and, as such, had in a large
way the supervision OF the whole sys-
tenn. His first duty, on arriving in
North Carolina, was to publsh ms
commission and take all the oaths re-
quired by law and subcribe the test
He must take the oaths of allegiance
and supremacy to the King, Of fidelity
to the Protestant succession, OF abju-
ration against the Pretender, of office
as Governor Of any Royal Province. of
office as Governor of North Carolina;
and subscribe a declaration against
the doctrine of transubstantiation.
This declaration was, in reality, a
pledge to support the Anglican Church.
These oaths were taken and the test
subscribed in the presence OF at least
three members of the provincial Coun-
Gil.
He then became the actual Governor
of North Carolina, the agent of the
Crown and the colonists. He stood
therefore in a twofold relation, owing
his allegiance PRIMARILY to the Crown,
by whom he had been appointed, at
whose pleasure he held his position, n
to whom he was officially Responsible;
and owing his allegiance secondarLy
to the people of the province, whose
affairs he had been sent to administer,
and to whom he was morally respon-
sibIe.
His next duty was to administer the
oaths Of allegiance and supremacy, OF
fidelity to the Protestant succession,
Of admiration against the Pretender,
and the test to the Lieutenant-Gover-
nor and every member of the prOvin-
ciaI Council. The Governor could
with the advice and consent of a ma
jority of the councillors suspend any
member for misconduct or failure to
perform his official duties. And in case
there were sufficient reasons for sus-
pending a councillor. which reasons
might not be properly presented to the
Council, the Governor was alone nj
powered to suspend said member, out
in every case the reasons for suspen-
sion had to be sent Immediately to he
Board of Trade and the Grown, who
lalone could AXE final action. This
provision made the councillors. as well
as the Governor, only agents depen-
dent on the Crown. The Governors
power to suspend members OF the
Council was exercised at various
times; but some of those suspended
were re-instated by the King. III
rovra-nap could onDninf councillors If
the humble fell below seven; but
these appointments were subject to the
Kings approval or d~isapproVal. III
Governor must also keep the Board of
Trade supplied with a list Of twelve
freehoIders in the colony who were
suitable persons for appointment as
members of the Council. He was re-
quired to send to the Board of Trade
regular reports containing full infor-
nation concerning the population, the
and the economic conditions
of the province, together with a MAJ
of the country showing the exact To-
cation of settlements, forts and forti-
fications. He was also REQUIRED to re-
port on the military strength OF the
province and it's state Of defense, CIV
ing in particular an account OF its re
lations with the neighboring Indians.
These reports were usually made regu-
larly; but sometimes they were neg
11AC GdSS - NoA ~
Governor 4JohnstoRs administration,
for example, scarcely any reports were
sent.
The Governor also appointed judges,
justices and commissioners of oyer
and Terminer, and administered to
them the aforesaid oaths n test. He
enjoyed the privileges of keeping the
colonial seal. and Of administering the
oaths Of allegiance n supremacy 10
new settlers and other colonists whom
he desired. No public moneys raised by
the acts of the Genera1 Assembly for
the support of the government could
be disposed of otherwise than upon
warrant Of the Governor, issued with
consent of his Council In theory, he
and his Council controlled the salaries
OF public officers; but, in practice, the
Lower House largely controlled salaries
and other expenditures Of public mon
ey. It was the Governors duty to in
vestigate all charges against former
Governors and also against persons
then in office. and to report the re-
suits of said Investigations to the
Board Of Trade. To him, as chief x
e~cutive, was delegated a general over
sight of the whole administration; and
he was particularly instructed to pro
mote the rigid execution Of the Acts
of Trade and Navigation.
In ecclesiastical matters the Cover
nor was to allow entire liberty of con-
science to all quiet, orderly citizens,
except Papists, and to have the BOOK
of Common Prayer read in the province
every Sunday and the sacrament a
ministered according to he rites OF
the Anglican church This requirement
did not conflict with the foregoing
grant Of religious liberty. 1t only
meant that although liberation was to
be granted to all forms Of the Protest
ant religion, yet the Anglican church
was to be the established church in
the province. The Governor must also
secure the passage Of acts for restraint
and punishment OF "blasphemy. Pro
family, adultery, f~ornication, polyga-
my, incest, misunderstanding. and
Drunkenness" He was further in
-structed to maintain the ecclesiastical
authority and control of the Bishop of
London, except in collating to bene-