The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-17

Inc $1,000 va
to maintain friendly relations with the
Indians by seeing to 1t that former
treaties and contracts with them De
observed, and by seeing that traders
did not secure their lands by fraud.
This precautionary plan was necessary
to the peace and security of the Pro
vince.
The Governor held these general adj
ministrative powers and duties, like all
others. only during the pleasure Of the
Crown. For his exercise of them he
was held responsible by the home gov
eminent. burlington and Johnston
Q731-1752) were required to make full
annual reports to both the oar OF
Trade and his Majesty's Secretary or
State. Governor Dobbs Q754-1765) was
instructed to make his reports to the
Board of Trade only upon matters Of
vital importance. This did not mean
that colonial affairs were to be neg
lected, but was a result of the fact that
in 1852 the position OF TIE Board of
Trade had been strengthened. After
that time it was the chief medium OF
communication between h colonies
and the central administration. But
the medium of communication was
again changed by the creation Of a
special American Secretary in 1708.
Tryon and Martin Q765-1775) were in
structed to make their reports to this
special Secretary. So it appears that
in the exercise of his powers the Gov
ernor was limited by much administra-
ton machinery in England.
2. All the territorial functions Of the
Governor were exercised in connection
with the provincial Council. When
North Carolina was transferred from
the Proprietors to the Crown but little
change was made in the territorial
system. Grants made by the Proprie-
tors were confirmed by the Crown
without my change in their terms.
The Royal Governor simply admins
tered the old system under the new
spirit. With The advice and consent OF
the Council, he would grant and &C
cording to the terms prescribed by the
Crown or by colonial laws which the
Crown had sanctioned. He was in
Structed to secure, as a purely pacif-
catory measure. as many colonial laws
as possible for the regulation of the
land system. Grants thus made by the
Governor and Council must be sealed
with the seal of the province and re-
corded in the land office which the
King had created. They were then 1e-
gal against all fcomers. The Governor
was to examine the titles to all grants
of land which had been made prior to
1927, to collect quit-rentS fixed by the
Crown, to survey and dispose of es-
CIcdlSu ldIOS dlIeI IGCSlfluS cllIl
instructions from the home govern
ment, inc to secure a permanent rev.
enue from the lands. This revenue
was mostly from nutrients, which, for
the most part, the Crown had fixed
at a higher rate than that OF the Loros
ProprietorS, n which caused serious
trouble at times. The policy of the
Crown vas to grant small tracts of
land, the usual limit being fixed at
CiY hIn6rpd and forty aproS The ora ~
tee was bound TO cultivate at least three
acres out of every hundred acres in
his grant within three ears after the
grant was made; otherwise it was for
feited. This policy of small grants
vas adopted to prevent and specula-
ton and the holding of enormous
tracts Of uncultivated land. The King,
however, made a few exceptions to
this policy. In 1877 he issued orders to
Governor Johnston for the granting Of
very large quantities of and to
certain London merchants for purely
speculative purposes. The Governor
was forbidden to grant any lands
without a clause forfeiting h grant
if the Quit-rentS were not paid and the
terms of the grant not complied with.
He was instructed to establish a court
of Exchequer and a court of claims for
h trial of cases arising out of the ter
ritorial system.
In theory and actual practice very
many of the Governors executive du-
ties were in connection with the terri
torial system of the province. Quit
rents and the conditions of escheat and
forfeiture, it is true, could be deter
mined by the crown alone; but, even in
these matters the Governor n his
Council were the judges as to whether
the lands had escheated or been for
feited. In cooperation with the Gen
eral Assembly, he had a share in the
passing of provincial land laws; and,
with the advice and consent of the
Council, he appointed to all vacancies
in the land office.
3. With the military powers and du-
ties we close u discussion of the
Governors executive functions. He
had all powers belonging to a comman-
der-in-chief and vice-admiral. He could
levy, muster, arm and command all the
colonial forces, appoint officers, repel
invaSionS and even transport the pro-
vincial militia to any other American
Colony when necessary for it's defense.
1t was his duty, with the advice and
consent Of his Council, to build towns,
boroughs, forts and Notifications, and
to officer and arm the same. For the
navy he appointed and commissioned
captains, l~ieutenants, commanders n
masters of ships. To all officers Of
the army and navy ne administered
the oaths Of allegiance and supremacy
n the test. He could call out the
colonial militia to suppress insurrec-
tons and riots within n to repel in
vasions from without. He could pun
ish mutiny in the navy; and. with his
Council could execute martial law in
the province during invasions or at
any other time when it might be exc
cuted by the avs Of England.
In the exercise of these general pow
ers the Governor was, OF course. limit
ed by the requirement that his official
acts be in accordance with the laws
of England n the acts Of the provin-
cial legislature; but this was really a
very slight restraint because he himself
had a large share in colonial legisla-
ton, and thereby helped to shape the
very military policy which he was to
put into execution. In matters Of de-
tense his powers were almost unlimi-
ted by the Crown. This was very
natural. because the danger from pi-