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

The Governor sitting with at least
five members of his Council constitut-
ed the Court Of Chancery. This was
+, one CT the old Proprietary institutions.
and was now under control Of the
| Crown. Some acts, however, were
passed by the coloniaI legislature for
its regulation It was a court Of eQui-
ty, not of law; and did not actually
meet in regular session very often.
1t was theoretically the highest court
Of appeals in the province, though in
actual practice this position was held
! by the Supreme Court. Before the
Court Of Chancery, according to the
Crowns instructions, civil cases in
volving an original amount of over
one hundred pounds sterling could be
brought from the lower courts of the
province. Appeal would lie from this
court to the Privy Council in cases in
volving an original amount of over
three hundred pounds sterling or fines
to the amount Of one hundred pounds.
In 1T61, under the administration of
Governor Arthur Dobps, the amount
in case Of appeal to the Privy Council
was raised from three hundred to five
hundred pounds. Appear to the King
in counciI must, however. be allowed
in cases arising out OF trade duties OF
British vessels, no matter what the
amount at litigation.
Another court, not strictly provincial
was established in the Province by the
Crowns special order. This was the
Admiralty Court, over which the Gov
ernor as vice-admiraI presided. The
other officers of this court were ap-
pointed, and the court itself controlled,
by the English board Of Admiralty.
The records contain abundant evil
dence that in the workings of the ju-
dicial system which we have outlined
the Royal Governor in North Carolina
met one of his gravest problems. In
this. as in the fiscal system. the Lower
House sought to extend it's control.
The Governor, as the Crowns repre-
sentative, maintained what the Crown,
as the ultimate source of authority,
had the right not only to establish,
but also to control thu, courts and de-
termine their Jurisdictions. In its in.
structions to the Governor, the Crown
had expressly forbidden him to ap-
prove any law extending the jurisdic.
ton OF the Inferior Courts. This was
subject Of much contention. Laws
We're frequently passed for extending
the jurisdiction; but these laws were
rejected by the Governor and disal-
lowed or repealed by the Crown. In
the demands Of each party there was
certain plausibi1ity. The Crown
practically controlled the Supreme
Court, and therefore desired to keep
as much jurisdiction as possible in. that
Court. The colonists, on the other
hand, through the legislature, had al
most entire control of Inferior Courts.
and therefore wished to extend their
jurisdiction.
In the Court Laws, too, the colonists
and the Governor found a serious bone
or contention. They were not usually
enacted for a longer period than two
years. This left the courts in a very
unstable condition, and brought the |
court question frequently before the |
people; and with each new law
came new struggle between the exec
utlve and the representatives of the |
people. With the court legislation of |
lil3 the matter came to it's culmina-
ton. The people demanded the right |
of Foreign Attachments and the exten- |
sion of the jurisdiction of the inferior |
Courts to civil suits of not more than |
fifty pounds sterling; but the King |
stood firm and refused their demands. |
sion of the jurisdiction of the inferior
was suspended, and lawlessness and |
crime reigned in the colony. This |
proved disastrous to the Royal Govern
ment.
Upon the exercise OF these general |
judicial powers of the Governor the |
Crown had placed many restrictions.
For instance, in the commissions |
which the Governor issued to judges !
and justices he could not put any 1im-
itatiOn upon their term of office except |
his own pleasure. He could not remove |
from office any judge or justice except |
for reasons which the Board of Trade |
deemed good and sufficient. He could |
not erect any new courts or dissolve |
any old ones without special permis- |
sion or instructions from the home gov
ernment And, lastly, he was forbid |
den to give his assent TO any law ap-
pointing judges for good behavior or
to issue commissions 70 those appoint |
ed by such acts. He was further linn
1ted. as we have seen, by the judiciary |
laws OF the colonial legislature. The |
limitations imposed by the crown
were, from it's point of view, lust and |
wise; and by them tie crown meant |
merely to maintain its control, and not |
to oppress the people. But the colo. |
nists saw in them different meaning,
and were restive unde< what they re-
garded as encroachments upon thelr /
rights.
Such, in large way, were the con-
stitutional powers and limitations of |
the Royal Governor in North Carolina,
together with some brief hints as to |
their actual workings. The unifying |
principle running through the whole |
Is to De found in the Crowns point of |
view, that the Governor, as its repre-
sentative, was the chief source OF au- |
eAoAASy luC pIOkluCS III al matters, Il
whether legislative, executive or ju- |
diciai. He was the center of the gov !
ernment. In executing his constitu- |
tional Privileges. however, he was act
ing between two opposing forces which |
were finally to culminate in revolution.
On the other hand, there was the King,
on whose sovereign power the govern |
ment itself rested. and from whom the
colonists had received their grants of |
constitutional liberty. His fundamen-
tai idea in government was the MAIN |
tenance Of his prerogative and the fur
therance of the financial and economic
interests OF England. On the other
hand there were the eolonists. whose
immense influence rested upon ''the
fact that they bore yne burdens OF
government. paid the taxes, constitut.
ed the militia of the province and sup
piled its necessities Their chief gov
ernmental idea was that all lust au-