USA > North Carolina > Edgecombe County > History of Edgecombe County, North Carolina > Part 4
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The inhabitants of the county prior to 1732 had acquired con- siderable property according to the grants of the Lords Proprie- tors; consequently, it was necessary to construct a suitable form of local government to insure the right of property holding. The springing up of a small land-holding class, determined not only the economic and social welfare, but the political life of the people as well. The local government was naturally influenced by the territorial system, and as the county progressed the small landed class obtained a predominance in the political affairs.
The principal and, perhaps, the earliest organ of local county government was that of the Precinct Court. This court came into existence in the colony about 1670, and bore a very close re- semblance to the English common law parish of the eighteenth century. It was the chief judicial body in Bertie County when Edgecombe was formed. It was, therefore, only a matter of
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erecting a new governmental machinery for the new precinct. The first act in the creation of a new court was to appoint Jus- tices of the Peace to organize a Precinct Court. This Governor Burrington did in 1733, selecting Colonel Henry Gaston, Major James Millikin, Dr. James Thompson, Captain John Pratt, John Alston, Dr. John Bryant, John Hardy, James Speir, Francis Elleby, William Kane, John Pope, and Edward Young to consti- tute the judicial body.1 These men were ordered by the Governor to hold a Precinct Court on the third Tuesday in the months of August, November, February, and May. This system was based on the English system of Courts of Pleas and Quarter Sessions. At the next meeting of the Assembly in October more territory was added to Edgecombe, and two more justices, Captain William Whitehead and Captain John Speir, were appointed.
The appointment of justices being in May, 1733, it was August following that the first court was held in the precinct. The exact location for the meeting of this session of the court is not known. It is probable that the justices met at Reading's plantation on Tar River. It was customary for the courts to assemble at various plantations in the precinct until the first court house was built at Enfield in 1744. According to the usual custom one of the jus- tices was denominated chairman, and with the consent of the remaining justices he presided over the court, which was sup- posed to meet quarterly.
The power of the justices varied from time to time, according to the change of the general law; consequently, it is difficult to be explicit. However, certain powers, such as building roads and bridges, were taken from the General Court of the Province when the Precinct Court was formed. In addition to judicial powers the individual justices were granted specified authorities outside of the court. Among these was the power to marry eligible couples; provided that there was no clergymen in the parish.
In 1733, when the court was first established, it had power to try all criminal cases over fifty pounds in which the penalty did not affect life or limb; to hold orphan courts, appoint guardians, take securities, and to dispose of civil disputes not involving over a hundred pounds nor less than fifty. There was one limitation
1 The fundamental constitution provided that the Governor should appoint jus- tices of the peace to hold court upon the erection of a new precinct.
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notable in this court in judicial power. No case could be heard twice in the same court under any pretense. Should a case be tried and undecided, it became necessary to buy an appeal and pay a price from five to fifty pounds to the Lords Proprietors.1 The variation in the price was due to the severity of the crime. Capital cases were usually charged the maximum price and the petty cases the minimum. The results of this law are very obvious. The restriction placed upon the Precinct Courts was at the insti- gation of the Lords Proprietors and enabled them to collect addi- tional revenue. The appeal cases went to the General Court of the Province for disposal.
There were also many civil powers this court possessed. Thus the court might take probate of wills, receive entry of land, when there were no disputes, and supervise the administration of estates. The latter was demonstrated in a case which occurred in 1758. Abram Ricks, a citizen, thought himself to be fatally ill, and petitioned the court for a supervisor of his estate. John Cowell was accordingly appointed and duly sworn by the court to draw up and oversee the execution of Mr. Ricks' will.
This court furthermore supervised the general management of civil affairs in the county-opening roads, building bridges, and appointing overseers for the public highways of the precinct. It also appointed constables, issued permits for building mills, in- dustrial enterprises, and administered licenses for ministerial work. These functions of the court are illustrated by a note- worthy case occurring in 1761. The first non-conformist preacher legalized in Eastern Carolina, Jonathan Thomas, was granted a license from Edgecombe County Court. Mr. Thomas produced an ordination in writing, signed by John Moore and George Gra- ham, leaders of the Baptist Society, qualifying him to preach according to the tenets of that church. The court, according to its power, administered the oath of allegience and issued a permit for Mr. Thomas to preach in the Province of North Carolina.
The Precinct Court also exercised power in shaping the early social and mercantile activities of the people. One of the many characteristics the people inherited from England and English life was the fondness for entertainment. Places of amusement found their way into this section early in the eighteenth century.
1 Appeal could be made from this court to the Superior Court.
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HISTORY OF EDGECOMBE COUNTY
The weary and solitary traveler was not by any means a lonely person in passing through Edgecombe. A mug of ale, served by a gentle maiden, was one of the chief assets of the Colonial Ordinary, and according to the grants issued by the Precinct Court from 1745 to 1767 Edgecombe was fairly well represented. During the year 1761 five licenses were granted for houses of entertainment alone.1
The commands of the Precinct Court were executed by the Provost Marshal,2 an officer corresponding to the sheriff of today. The marshal acted as a deputy to the Provost Marshal of the General Court of the Province of North Carolina, and performed almost the same duties for the Precinct Court as the latter did for the General Court. That is to say, he summoned jurymen in person or by messenger, kept the jail, held elections for burgesses, served writs in civil and criminal cases, arrested criminals and collected public taxes.8
The first Provost Marshal or sheriff of Edgecombe was Thomas Kearney, appointed in 1739. He was accountable to no one but the Governor, received his instructions from him, and in many respects became a hired tool to promote the Governor's political ambition. That much corruption resulted from this system we shall hereafter observe. This method was made more odious by the fact that the sheriff's term of office was not definitely fixed. He might be continued in office after his appointment by the Governor, provided he gave good behavior, for an indefinite num- ber of years.
The office of sheriff was the highest subsidiary position con- nected with the court, the administering of justice and the preven- tion of crime in the county. This being true the obligation of office and penalty for violation of oath was more severe. In addi- tion of having to take a solemn and binding oath to execute the duties of office agreeable to law, he was heavily bonded against accepting any pecuniary offers of bribes, to show leniency of the law in dealing with prisoners or jurymen; and after 1739 he was
1 Permits were granted Thomas Merritt, James Braswell, Geralders O'Brien and Thomas Griffin to run ordinaries.
' Title changed to sheriff in 1788.
" The collection of taxes was the most important duty of the sheriff. He was pro- vided with a list of all taxables in the county-white males over sixteen years of age; mulattoes of both sexes above twelve years of age, and slaves over twelve-and from this list the provisional or public tax was collected.
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not permitted to serve more than one year consecutively. In case of death the sheriff was usually succeeded by some freeholder, who was commissioned by the county court to complete the term. Bond for acceptance and as an assurance of good faith in the exe- cution of his duties was made to the Justices of the Peace of the county. Since the most important duty of the sheriff was the collection of taxes, and as a safeguard against personal use of the funds was necessary, he was required to give an additional bond. The sheriff was, moreover, allowed three per cent commission on all moneys collected, in addition to his regular commission for other duties. Whenever a sheriff was succeeded in office the taxes in the arrears were usually collected by his successor. However, the sheriff in office when the arrears were extant was liable for them until the General Assembly voted the county court the au- thority to relieve the deposed sheriff. Upon his release from office and the obligations subsequent thereto, the sheriff was or- dered to make out a detailed report of all taxes in arrears and turn same over to the county court. This regulation was well illus- trated in the relief of Abram Jones, who was sheriff of Edge- combe from 1757 to 1765. During the year 1765 he was super- seded in office, and although he was empowered by law to collect taxes after his surrender of authority, he was prevented from doing so on account of an accident. Accordingly, he petitioned for a relief, which was granted by the county court.
In addition to stipulated fees and percentage for the collection of taxes, the sheriff was allowed stated sums for maintaining the prison and caring for its inmates. In case of an execution of a prisoner he was also paid an extra fee. In 1766 Samuel Ruffin was allowed one pound, seventeen shillings, and four pence for im- prisoning and executing a negro criminal. Thomas Merritt, the jailer, was also paid sixteen shillings and eight pence as a special fee for attending the same negro during his period of confinement.
The sheriff of the county was allowed assistance in the form of constables appointed by the county court to help him in the execu- tion of his duties. The appointment of constables was frequently made without the consent of those appointed. This worked obvious hardships on those who were unwilling to serve in this capacity. This unpleasantness resulted from the custom of imposing a fine of fifty shillings on any constable who refused to qualify and take an
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oath following his appointment. Frequently also constables were committed to prison until a warrant of release was sworn out by Justices of the Peace of the county. This regulation no doubt caused undue embarrassment to those who were engaged in com- mercial and industrial activities. Later the law compelling a con- stable so appointed by the county court was restricted to those who could not show a sufficient cause for refusing and neglecting to serve the wishes of the court.
The constable, like the sheriff, was required to take an oath ad- ministered by the Justices of the Peace of the county. As a com- pensation for his services, the constable was exempted from the provincial, county, and parish taxes, working on the roads, and all other financial impositions of the local government. The duties of the constable, as may be inferred from the salaries paid, were not numerous nor very severe. They were called upon to give assistance at stated intervals and during the sickness of the sheriff.
The Precinct Court also had a clerk appointed by the Clerk of the General Court, whose duties corresponded to those of the Clerk of the General Court. He acted in the capacity of both clerk of the court and register of deeds. He, therefore, issued marriage licenses and recorded deeds of trust, and made entries of local court proceedings. He was also obligated to take special care of the transcript or book of laws established by the Assem- bly of the Province. It was a part of his duty to keep the book of laws open upon the court room table during the sitting of the court for the perusal by such members as desired information. When requested by any of the members of the court, the clerk was required to read the laws furnishing information upon the case being considered. Upon a refusal to act in conjunction with his constituents, the clerk was subject to a fine of five pounds.
The regular court procedure was somewhat similar to that of the Superior Court today-that is, a bill of indictment was pre- sented to the grand jury, and if the evidence of the charges was sufficient a true bill was returned. The case was then presented to the petit jury by the justices for decision. There is, however, one notable exception. There were no lawyers at the county court to prosecute or to defend criminals. Locke, the author of the Fundamental Constitution, had made it a little less than a scandal for a lawyer to enter public life for the sake of pecuniary
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gain. The results were that no victim of the law could employ defense. This threw a prisoner upon his own ability and upon his own testimony. It was not, therefore, unusual for men in the ordinary vocations of life to be skilled in the minor technicalities of the law in order to defend themselves or others with credibil- ity. Although this law was repealed in 1747, many of the citizens in colonial Edgecombe continued to study points of law until late in the nineteenth century. John Norfleet was reputed to be as well skilled in the minor points of law as a practicing attorney.
Under the royal administration a few changes were made. The structure of the courts as outlined remained until 1738. During that year the Assembly of North Carolina passed an act which changed the precincts into counties, and the old Precinct Courts into county courts. The organization and function of the court, however, remained for some years the same in purport as for- merly. It is well, however, to notice that some minor changes were made in order to understand the legal powers vested in local government prior to the Revolution. The judicial procedure of the county court was not perfected until after 1746, when the county court was reorganized. The Assembly then passed a law for the better establishment of the county courts, and specified that they should be held four times a year 1 by the Justices of the Peace. This same law restricted the number of justices to three, which constituted a legal judicial body. These three justices heard and decided cases where the litigation was above forty shillings and not more than twenty pounds. They also heard petty cases, assaults, batteries, trespasses, breaches of the peace, and various other misdemeanors of inferior cases, forgery and per- jury always excepted.
Thus in 1746 the county court became the Inferior Court of Pleas and Quarter Sessions, meeting on the fourth Tuesday in January, April, July, and August. This court became the court of records and had recognizance of crimes when the punishment did not extend to the point of injuring life or limb. At this time the officers of the court were allowed a salary annually, indepen- dent of the fees of their office. Each justice also had jurisdiction when not in court over any litigated account not exceeding twenty
1 The county court after 1746 was designated as the Inferior Court and Quarter Sessions.
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pounds. He could, if in his judgment it seemed advisable, grant an appeal to a higher court. After 1746 the admonition to the various officers in the county was made more stringent. The justices were obligated not to show partiality in dealing with criminals, nor to be an accomplice to any quarrel in which they might be tried. They were also charged not to receive a bribe or gift, nor accept any compensation from outside parties. In order to effect the letter of the law a fine of twenty pounds was placed upon any justice who entered office without his oath being properly administered and signed. The duties of the justices also were increased. Among other services they were intrusted with the care of the poor and the supervision of parish revenues.
The constable and his duties also became more important. Like the sheriff he was compelled to take an oath that he would serve the King and cause the peace to be preserved according to his power. He was, moreover, charged to arrest all persons caught in fights, those who rode armed offensively, and any who com- mitted riots and disorders in the county. The constable became a sort of deputy, corresponding to the deputy sheriff of today, and was supposed to have apprehended all violators of the peace in the King's name.
The departure from the old precinct system also marked an- other radical change in the county court. The prosecuting attor- ney became an official of considerable importance. Prior to 1746 very little significance was attached to a lawyer. In 1757 Edge- combe had its first prosecuting attorney, when Robert Jones pre- sented and prosecuted, as a deputy of the Attorney General of the Province, all cases for the Crown. Mr. Jones was admon- ished in the office by James Cary, who charged him to prosecute in the King's name all offenders coming within the jurisdiction of the County Court. It was the custom to elect the prosecuting attorney every four years by the Justices of the Peace. This custom was consistently followed until the opening of the Ameri- can Revolution.
The Inferior Court, by the act of General Assembly, 1746, se- cured civil powers which had been vested in the Superior Court for the district of Edgecombe. It was, however, two years later before the newly granted prerogatives were executed in spirit as well as in form. Committees and commissions were appointed
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among the Inferior Courts to control and supervise internal im- provements, and to promote the general civic welfare of the county. Contracts were also issued by the county commissioners, who were appointed by the County Court, for bridge building and road construction. In this manner Culpepper's Bridge was built in 1757. The contract was issued to Joseph Bridgers, he being the lowest bidder. Several similar constructions were made under this commission-Raeford's Bridge, and also a bridge over Town Creek near Wright's plantation. Among the prominent men who served on this commission was Aquilla Suggs, Sam Ruffin, and Benjamin Bunn. The sheriff of the county was made chairman of the commission for public instruction and acted as treasurer in addition to his other duties. He paid all the bills for building bridges, roads, and the erection of public buildings. In the report of the commission for the building of Culpepper Bridge the sheriff was ordered by the County Court to pay Joseph Bridgers the sum of forty-seven pounds, the amount agreed upon in the contract. The Inferior Court also exercised the right to determine disputes relating to estates and to make division of property.
This court, moreover, appointed inspectors of tobacco at the various warehouses in the county for the purpose of supervising and preventing illegal weights. In 1754 Thomas Spell was ap- pointed inspector at Tarboro, and Solomon Williams at Scotland Neck. Later, in 1757, the court appointed George Goodwin in- spector at Tar River warehouse and Barnaby Whenny, and Jo- seph Howell at Howell's and Kehukee warehouses, respectively. In the meantime Berry Heavill, the inspector for the warehouse at Halifax, died and Daniel Selbank was appointed inspector for that place. The sale and exportation of tobacco at this time be- ing one of the greatest industries in the county, it was natural for the court to exercise a supervision over the various ware- houses. The warehouses, moreover, were the property of the county; consequently, demanded the superintendence of the County Courts. The Inferior Court also had civil power in addi- tion to criminal and economic functions. Constables who, for any reasons, failed to do their duty according to the law were removed by this court. During a proceeding of court in 1757 William Turner, for some petty violation of his oath, was re-
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moved by the court, and Robert Tucker was placed in his stead. Still another instance of this kind occurred later in 1759, when Joseph Blake, another constable, lost his local position in the court house circle and was supplanted by John Jones, who afterwards became sheriff.
During the year 1758 a very important political event occurred. Halifax County was cut off and created from Edgecombe. The citizens of both counties met for the last time in joint session of court, and in December adjourned with formal agreements of dissolution. The Halifax element was to meet the next court ses- sion, which was supposed to convene at Halifax town; while the Edgecombe citizens were to repair for the next session at Red- mond's Old Field on Tyrancocoa Creek. A few domestic quarrels naturally resulted from the separation, but only one is of any considerable importance.
In February, 1758, an urgent demand was made for an increase in taxes in order to meet the growing expenses for that year. Halifax and Edgecombe, although it was understood that they were to be separated, were considered as one in matters of local government and taxation; consequently, the citizens of Halifax were subject to the increase of four shillings on all taxables which had been levied by the County Court. Halifax, however, was cut off from Edgecombe before the taxes could be collected. When the sheriff called on those members from Halifax who were liable, many refused to pay, and a controversy resulted. Moreover, various disputes arose between the sheriffs of the two counties over their respective boundaries. The sheriff of Halifax claimed that the line began from the head of Coneto Creek and ran to Fishing Creek near Michael Dorman's plantation. He claimed also that the sheriff of Edgecombe overreached his bounds and went into Halifax County to collect taxes. Both of these accusa- tions were disputed by the sheriff of Edgecombe County, and a deadlock ensued.
In order to avert any embitterness and to reach an harmonious agreement, Edgecombe, the mother county, acting through her court, ordered a commission to be appointed composed of John Royal and Thomas Wills to meet a similar commission from Halifax to settle the dispute of taxes and to mark out the dividing line as near as might be conformable to the act of the Assembly
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for dividing the Parish of Edgecombe. After some desultory conversation an agreement was reached whereby the citizens of Halifax were to pay those taxes which were in the arrears when the county was formed and the dividing line between the two counties was to be Fishing Creek.
The jury system of the County Court constitutes a very inter- esting phase of local government. Unlike the method of the present day, only six men were selected for the grand jury and six for the petit jury. In 1757 Thomas Hall, Wallace Jones, Richard Whitaker, John Deceece, William Jones, and Thomas Williams constituted the grand jury and James Sane, James King, John Alsbon, Nathan Barnes, Stephen Weaver, and William Wells made up the petit jury. The jurymen, acting with the three jus- tices who constituted the judicial bench, frequently determined matters of a civil nature without the regular court trial. In 1757 the above-mentioned jurymen and John Hardy, James Speir, and Thomas Hall, the three justices of the court, met together and selected a guardian for Henry Cavenah, the orphan of Charles Cavenah. Henry was at the time of lawful age, but was consid- ered incapable of conducting the management of his estate. He came into court and chose Nathan Cavenah, his brother, as his guardian, and appealed to the jurymen and justices to approve of his appointment. Nathan was accordingly selected and placed under a two hundred pound bond by the court.
The officials of the court also exercised the function of qualify- ing and administering the oath to militia officers. William Barnes, who was the first officer of the militia in Edgecombe County, was qualified at the court in 1757. His rank was not specified, but from the enumeration of his duties it is to be sup- posed his rank was that of a captain. Dreery Harrington was in like manner sworn and appointed as a military officer at the session of the County Court in 1758.
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