Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1931-11-20
by B. D. McCUBBINS,
Copyright 1931)
PART |

On March "a, 1865, King Charles
IL granted to the Lord Proprietors all
of the country between the Atlantic
and Pacific, lying between parallels of
OF latitude 81 and So, named in his
honor, Carolina. On June 80, 1865,
a second grant enlarged the boundaries
so that Carolina at this time comprised
an area about one-half the present
size of the United States. 1t included
a large part of Mexico, all of Texas,
North and South Carolina, Georgia,
Tennessee, Arkansas, Alabama, Mis-
sissippi and Louisiana.
(Revised Stat. N. c., Vol. 2 page
523.)
Over this vast domain, the Lord
Proprietors assumed the sovereignty
and power of eight royal princes, and
became the fountain heads of Justice
and of government.
In 1869, the proprietors established
The Fundamental Constitution of
Carolina" an elaborate scheme Of
government and judicature, drawn up
by the philosopher, John Lock, and
fashioned somewhat after the Roman
System of Tribunals. This was known
as The Grand Model" 1t was per-
meated with the idea of hereditary
ever, as its preamble assumed, in a
country settled by liberty loving
refugees.
Under its provisions, there was
created a great sovereign court, called
The Palatine Court" composed of
the senior Lord Proprietor as presid-
ing officer, and the other seven
Proprietors. 1t had power to call
Parliaments, pardon all ofenses, elect
officers, negative the acts of P%arlia-
ment, and vested with other powers
granted together to the Proprietors
under the Charter. Its purpose was
executive, NOR than judicial.
Each of the other seven Proprietors
had a separate court, supreme in its
particular jurisdiction. The Chancel-
lor's Court had Jurisdiction of treaties,
invasions of the law, liberty and con-
science. The Chief Justices Court
had appellate jurisdiction of civil and
criminal cases except those arising
under some other Proprietor's court.
The Constable's Court had charged
of military affairs. The Admiral's
Court had jurisdiction over maritime
matters. The Treasurer's Court had
charge of the public revenue and the
treasury. The High Stewards Court
had charge of all foreign and domestic
trade, public buildings, highways and
bridges. The Chamberlain's Court had
the care of ceremonies, heradry, pedi-
grees, the registry of births, deaths
and marriages, and the regulation of
fashions.
The Grand Council consisted of the
Palatine, the other sever Proprietors,
and the forty-two councillors of the
Proprietor's Courts. It was given
power to adjust differences arising
between the various courts; also, tc
make war and declare peace, and raise
and disband the land and naval forces
1t was Supreme to the Pertinent, anc
had the right to censor all legislative
acts.
Provision was made for inferior
Courts. The County Courts were tt
consist of the Sheriff and four justices
with criminal and civil jurisdiction
generally. Precinct courts consisted o.
a Steward and four justices, will
criminal jurisdiction other than il
capital cases, and civil jurisdiction
except in cases affecting the nobility
In order to prevent multiplicity o:
laws, the Constitutions provide tina
all statutes should automatically ex
pire at the end of one hundred years
and prohibit any comments of crit
cisms directed at the Constitution O
the laws enacted hereunder. 1t de
creed hat the Constitutions should b
read out at each general assembly, ant
be subscribed by its members. l
took away all civil rights and protec
ton from all persons over seventee,
years of age who should refuse tt
yield allegiance to it, and declar
strongly in favor of religious free
dom and conscience.
clocks Constitutions-Rev. Stat
Vol. 2; Colonial Records, Vol. l
page 1877
The provisions of this idealistic ant
utopian system were not carried on
in actual practice. In operation, tn
Governor and Council became thu
Court Of Chancery, with almos
arbitrary powers. The supreme commo
law court, called 1.-THE General Court,
was presided over by the Chief Justice
who was appointed by the Proprietor:
with a number of assistants, appoint
ed by the Governor and Council. Tn