USA > North Carolina > Edgecombe County > History of Edgecombe County, North Carolina > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44
This court also established rates for produce and merchandise. In 1759 the price for West Indian rum was fixed at ten shillings per gallon; county brandy, eight shillings per gallon; punch, gin, whiskey with sugar, sugar per quart, and lime juice sold for a fixed price of four shillings. Hot dinners with wheat bread, small beer and cider could be secured at a stipulated price of one shilling. A supper or breakfast, hot, could not be sold for over
52
HISTORY OF EDGECOMBE COUNTY
one shilling. Lodging for a night with one occupant in a bed cost the lodger by the regulation of the court only one shilling and when there were two occupants in a single bed the price was twenty pence. County cider usually sold for six pence per quart. English beer one shilling per bottle, and various other beverages had their prices for sale regulated by the county courts.
The Inferior Court furthermore made provision for religious worship. The first reference concerning religious matters was made in the form of a petition in 1759 by John Thomas and others of the profession of Ana-Baptist. It seems that a Society of Baptists had constructed a meeting house, and a division in the society had occasioned a dispute over the legal owners; conse- quently, John Thomas, the leader of the Ana-Baptist element pe- titioned for a claim to the meeting house which had been con- structed under his supervision. The church had been built on Mr. S. Thomas' land, near Jonathon Thomas', according to a grant issued by the Parliament of Great Britain. Mr. Thomas was one of the active leaders of the dissenting element and had forcefully closed the doors of the church to the services of the Baptist Society. There is no record of the court's disposition in the matter, and so far as known it was never decided or its legal owners identified. It is very probable since it is known that there was a very strong sentiment by the Established Church against the dissenting element, and that the various members who made up the local judicial body were inclined toward the Established Church, that no action was ever taken in order that the Baptist Society might not retain its meeting house.
In addition to the County Court there was the court of magis- trates or a court of single justice which was provided for in the royal period by an act of 1741. This court had jurisdiction in civil cases which did not extend to cases involving more than forty shillings. The magistrate in the court of one justice was also given a power to exercise other magisterial rights; among these was that of inquiring of the "goodmen of the precinct by whom the truth may be known to detecting trespasses and sor- ceries." The magistrates were appointed by the Governor with the approbation of his Council, and were allowed a fee for all cases coming under their judgment. The executive officer of the court was the constable, who was appointed by the Precinct
1
-
--
53
COLONIAL GOVERNMENT AND POLITICS
Court, and enjoyed powers similar to those of the constable in the English court of one justice. The constable, moreover, made a list of the taxables for the use of the vestry until a regular vestry was formed in the county. He acted also in conjunction with the sheriff of the county and summoned men for the coroner's jury. The magistrate's court, like the County Court, had a sheriff and clerk appointed by the Governor of the Province, whose duties corresponded with the similar offices of the County Court.
There was also another local tribunal, the slave court. Its chief functions were to give a speedy trial to slaves in order to save extra cost to their masters. It was not unusual for the slave owners to be subject to considerable loss on account of his slave being confined in prison awaiting the session of court to meet. The slave court was composed of three Justices of the Peace and three freeholders, who must be owners of slaves. The court usu- ally convened at some convenient place designated by the senior justice, where the trial of the slave was conducted according to the regulation of the Precinct Court. There was one difference, however, between the Precinct Court and the slave court, the . latter having no jury and the court determining the facts in the case as well as administering the law. : In the slave court the slave could produce evidence in his behalf, and could avail him- self of any assistance offered by his owner. : The court, after hear- ing the case, if guilt was established, passed a sentence according to the discretion of its members, imposing either corporal or tem- poral punishment, or both.
It was the duty of the court also to determine the price and age of slaves when such was in dispute. Frequently when a slave was accidently shot and premeditatedly murdered, the court fixed the price which was to be paid by the one committing the deed. A good example of this function of the slave court occurred in 1765. A slave of William Mace had run away from his owner and was hiding on Fishing Creek. Word of this was carried to Mr. Mace, and he deputized his overseer to go in search and to recapture the runaway negro. In accomplishing this the overseer killed the negro, and it became necessary for the slave court to ascertain the value of the dead slave in order that the overseer might pay the damage done.
54
HISTORY OF EDGECOMBE COUNTY
One of the chief functions of the slave court was to determine the relations of the slave to his master, especially in regard to the slave's freedom. Slaves were frequently emancipated for meritorious service for the State and their master. In case a slave was granted his freedom it became necessary to get a permit from the slave court signifying that emancipation of the slave was given at the consent of the proper authorities. There is one notable case in Edgecombe County where a slave was granted his liberty for patriotic service. During the American Revolution a negro, Ned Griffin, belonging to Walter Kitchin, of Edge- combe, was promised his liberty on condition that he serve as a soldier in the Continental Army of the Province of North Caro- lina for twelve months. The slave accepted the condition of his freedom and began to serve in 1782. In 1784 the court issued a permit liberating Ned according to the terms agreed upon.
One of the first local administrative organizations in Edge- combe County, and also one which appears to have been most frequently overlooked and misunderstood by students of the colonial government, was the Parish Court. This court was purely temporary in the county, and was intended to serve the parish and vestry in promoting religious activities. In the meantime, however, through the absence of the court of one jus- tice the Parish Court. was given considerable civil authority and became a prominent factor in local affairs until the County Court was reorganized in 1746.
The parish was not created in the precinct until it was fairly well settled, and then it was without uniformity and never well established. There were no local divisions such as the plantation, township, and districts at this time; consequently, there was no central place of operation for the Parish Court. Efforts were made and were partially successful to form a permanent admin- istrative body, the sole civic functions of which were to care for the sick, poor, and to assess local tax rates. A church warden was appointed in 1735 to raise money by poll tax not exceeding five shillings in currency on each tithable for these purposes. It is very noticeable, however, that Edgecombe County had very few paupers at this time; the rich and fertile soils afforded ample means of securing not only a livelihood, but of accumulating wealth. The greatest incumbrance upon the people was the ex-
55
COLONIAL GOVERNMENT AND POLITICS
penses of the clergymen, and that being insignificant until 1744 the actual services of the parish were limited and of little conse- quence.
It is true, however, that the Parish Court supervised the care of the highways until the establishment of the County Court, at which time this function was entrusted with officers appointed by that court. In the early existence of the Parish Court the church warden provided weights and measures for the use of the precinct, together with one "fair and large book of common prayer." The vestry also performed certain insignificant functions which were later transferred to the jurisdiction of the county government.
The most important phase of the Parish Court was the part that it played in connection with the political activities of the people. It has been clearly demonstrated that where religious power and political policy clash there is much strife. This obvi- ous fact has been confirmed by the parish in Edgecombe County from 1741 until the close of the American Revolution. In the county there were two factions-the Governor of the Province and his followers, who supported the civil courts, and the minister of the Established Church and his sympathizers, supporting the parish. Each faction was struggling for supremacy and each sought to obtain control by both legitimate and illegitimate means. This condition presented an opportunity for much cor- ruption, from which Edgecombe was not entirely exempt. The struggle finally was one of preponderance.
In order to understand why the parish undertook to reform the politics in the county it is necessary to call attention to appointive power of the Governor of the Province of North Carolina. In the first place the county officers, the sheriff, constable, and jurymen, were largely appointed by the Governor. Those not directly ap- pointed by him were selected by officials who had been placed in office by the executive himself; consequently, the Governor in reality was the central figure and dominated the civil and political activities of the people. The results of this was a court house ring which became self-perpetuating. There was no redress for wrong; no appeal for grievances. Popular discontent never be- came effective and a resort to higher authorities was almost use- less. With this state of affairs one can forecast what the results would be when the Parish Court, under the leadership of some
56
HISTORY OF EDGECOMBE COUNTY
active clergymen, sought to interfere and improve the administra- tion. It was also obviously impossible during the early contro- versies between the religious and political factions for the local court not to become involved.
The personal interests of the Governor and the parish's atti- tude in county politics were made plain in a letter by Rev. Mr. Moir to the Secretary at London in 1765. Mr. Moir made bitter reflections upon the Governor and his actions in regard to the court system in the county. It is very difficult to ignore the per- sonal feelings which are involved in the report. Both Mr. Moir and Governor Dobbs were more bent on securing personal revenge than in effecting a harmonious adjustment of local affairs. In order, therefore, that his side might be placed in the best possible light, Mr. Moir and other churchmen wrote to the Secretary of London that Governor Dobbs' action in adjusting the political situation in the county was very arbitrary and intolerable. He claimed also that Dobbs had treated the Earl of Granville's agent, Francis Corbin, very unconscientiously, and that Corbin had acted very creditably in collecting the various rents entrusted with him.
As a means of retaliation Governor Dobbs sought means, legally and illegally, to keep Mr. Moir, because of his interference in political affairs, out of Edgecombe County. When Governor Dobbs realized it was impossible to accomplish his design through moral force, he resorted to political strategy. In the meantime Dobbs sought to persuade the vestry in Edgecombe to refuse to employ Mr. Moir. In this he was unsuccessful. The Governor then exercised his political power and caused the parish in Edge- combe to be divided in a very unfair manner. In doing this the officers appointed by Dobbs acted unjustly by throwing the ex- penses of the two preceding years upon the parish they expected Mr. Moir would superintend. In order to keep the appearance of their design from looking too partial, the officers gave the moneys for the parish taxes to Edgecombe, although the taxes at that time had not been collected by reason of the stringent opposition of the county courts, acting in conjunction with Dobbs who had showed preference to the newly appointed parish.
The operation of the political machine in the county was fur- ther demonstrated in another maneuver of Dobbs and his fol- lowers. Following the settlement of Mr. Moir in Edgecombe
57
COLONIAL GOVERNMENT AND POLITICS
parish instead of Halifax parish, as Governor Dobbs intended, Dobbs caused the county to be divided in like manner as that of the parish. This was done in order to give Dobbs the oppor- tunity of appointing a new sheriff in Edgecombe who could man- age the election of the vestries. The result of this is obvious. The sheriff, acting as a tool of the Governor, decided the election against Mr. Moir, and attempted to displace him from the super- intendence of Edgecombe parish.
Mr. Moir, however, defeated the Governor upon his own ground, and brought up a point of law which the Governor had entirely ignored. There had been, as a result to the long and continuous opposition to the parish, no vestry in the county for several years; consequently, there had been no church warden. This being the case, it was impossible, according to the law, for the sheriff to take parish money except from church wardens and to supervise the parish affairs. Thus it is seen that the Governor was defeated and the parish gained considerable prestige which had been tem- porarily lost during the controversy.
In August, 1761, following the church and court episode, Mr. Moir writes that the county is in a great confusion. Whether he has reference to the moral or political conditions, it can only be inferred from a suggestion that he makes in his letter. It is very likely that both the moral and political affairs were in a deplor- able condition, for he intimates that many citizens who had labored for a regular minister and support from the courts had despaired of success. The inexplicable state of affairs in Edge- combe was observable by many, and it is evident that the misun- derstanding between Dobbs and the leading men still subsisted. The General Assembly of the Province was then in session, and many hoped that something would be done for the more effective administration of justice. Although many accusations by Mr. Moir and his sympathizers were exaggerated, they were not wholly unfounded. The officers on the civil list in Edgecombe County showed very little regard for common honesty and many protests were made against them-so much so, that Mr. Moir was on the verge of leaving, but remained because of the solicitations of neighboring vestries.
It must have been evident that all the appointees for political and judicial positions in Edgecombe were not good. Current
58
HISTORY OF EDGECOMBE COUNTY
letters in 1760 to the Secretary at London stated numerous objec- tions to the bad appointments of the Governor, and how they were making positions corrupt. Some of these protests came back to the General Assembly of the Province, and Governor Dobbs was sharply censured for appointing bad officials in the county. Gov- ernor Dobbs, however, did not heed the rebukes that he received, and repeated the offense by putting in the commission of the peace objectionable characters and other ring leaders of the mob who had supported him in his previous contentions. Many citizens re- ported their intentions of leaving the county by reason of the unsatisfactory situation and the condition of the courts.
The corrupt officials in Edgecombe was no infrequent thing prior to this time. As early as 1739 Colonel Whitehead and others had been removed from the position of Justice of the Peace by reason of unpardonable negligence and corrupt methods in the execution of the duties of their office.
The church and the courts in the county were very closely re- lated in 1763; therefore, those policies of affecting one frequently affected the other. Matters of religion were usually referred to the court, and the attitude of the courts determined largely the conduct and effectiveness of the church. Especially was this true in regard to the revenue, which was supposed to support the church and its activities. In the days when there was no separa- tion of church and State one may expect difficulties and conflict- ing issues to arise. Such was the case in Edgecombe County. As usual the minister was the central figure on one side and the political leaders on the other. With all due respects to Mr. Moir in this late day, he was enthusiastic for the revenue belonging to the church. This led him into many unpleasant controversies affecting the local judicial powers. He became involved in a long conflict with two of the Chief Justices in North Carolina, and informed them in person how grossly they acted in the suits insti- tuted for the recovery of Edgecombe parish taxes from sheriffs who had squandered them upon personal needs.
Mr. Moir, moreover, laid spiritual hands upon the political ac- tivities of the people, and with scorching words denounced the corruption of the civil officers. The moral intent of Mr. Moir was good, but not permissible in the estimation of the political officials. The stern churchman did himself a permanent injury
1
I
59
COLONIAL GOVERNMENT AND POLITICS
when he denounced the leader of a mob who effected the release of Francis Corbin, to the delight of Governor Dobbs. Dobbs had previously made the captain a commissioner of the peace in Edgecombe. Mr. Moir should have recognized this and should have treated the officer with respect due his station. Mr. Moir, however, refused to acknowledge the captain's commission because of his corrupt nature. In 1763 the captain was a candidate for election to the House of Burgesses in Edgecombe, and Mr. Moir conducted the campaign opposing his election. The candidate had the support of the Governor's faction, and, as Mr. Moir put it, "even the Old Huzzah himself was on his side." In Mr. Moir's extensive lecturing tour against the candidate he pointed out the corruptness and immorality of the candidate, and, in his own words, "painted the scoundrel in his own colors." The result was the leader's election never came off. This broadened the breach between the minister and his followers, and the political leaders and their supporters.
As the controversy grew more bitter, Mr. Moir was warned to cease inspecting vestry accounts; since there were no church wardens the vestry revenues had been collected by the sheriff in violation of the law of the province. Naturally Mr. Moir, having the right of the law, disregarded the warning with righteous in- dignation. The courts were appealed to for a settlement of the controversy; consequently, they became involved in religious . matters. The courts having no precedent in this case reached a decision in favor of the church. Shortly after this trouble a permanent vestry was formed in the county, and the religious difficulties were temporarily at an end.
In addition to the local courts there was a general or appellate court,1 which exercised a general supervision over the courts of Edgecombe, Halifax, and Granville Counties. For more than five years after Edgecombe was declared a precinct, and until the Precinct Court was in operation, the judicial functions of gov- ernment, and especially the legislative and executive, were exer- cised by this court through the Chief Justice of the Province. With a few exceptions from 1732 to 1775 Edgecombe was under a provincial Governor. The Crown appointed the Governor, and the Governor selected his own officers to rule over the people. To
1 Known as Superior Court.
60
HISTORY OF EDGECOMBE COUNTY
a large extent, therefore, the officials of the general court were ap- pointed by the Governor and conducted judicial affairs according to his judgment and order. This court enacted all laws for the construction of roads and internal improvements in the county before the Precinct Court was well organized. In order to do this commissioners were appointed to carry out the will of the court. In 1745 a commission for Edgecombe was appointed, composed of Seth Pilkinton, George Moy, Sr., William Mace, John Burney, and James Barrow to construct a highway and lay off roads through the upper part of the county. Civil officers, moreover, of various kinds were appointed by the Governor, with the consent of his Council. When it became necessary for rangers to be ap- pointed in 1766 to appraise and ascertain stray horses in the county, it was the Governor who was vested with power to select men for this purpose. From June 7 to August 7, 1775, Governor Dobbs granted forty-five civil commissions for Edgecombe County alone.
Frequently in exercising the executive power, the Governor made known his wishes to the General Court, which carried out his bidding. The General Court became the Superior Court in 1762. The change took place when the Governor appointed jus- tices to hold a circuit or district court for the counties cut off from Albemarle. After the change from the General to the Superior Court considerable power was given to the local courts in the county. The Superior Court, however, retained the higher authority and overruled cases from the local courts.
The Superior Court also retained certain specified powers over civil matters in the district. It was similar on the one hand to the courts of the King's Bench, Common Pleas, and on the other to the courts of the Oyer Terminer and General Gaol De- livery. The Superior Court's jurisdiction was very extensive, and only very important cases, involving considerable money and punishment, could be appealed from this court to the Governor and Council. The jurisdiction by way of appeal was limited to cases of appeal from Inferior Courts, and in those cases only where sums of money of certain amount were involved.
A very interesting case came under the jurisdiction of the Superior Court in 1767. The court exercised the power of issu- ing a writ of scire facias to collect money in another colony.
- ---
61
COLONIAL GOVERNMENT AND POLITICS
Joseph Howell, of Edgecombe County, had been sued by James Dunlap Merrith, of Virginia. Mr. Howell lost the suit and Merrith had judgment for 2,817 pounds, the amount sued for. Shortly afterwards an error was discovered in the decision, and the case was reopened, and it was found that Merrith was not entitled to damages. In order to recover the money paid by Mr. Howell the Superior Court issued a writ of scire facias to James Moore, sheriff of Edgecombe, to sell the goods, chattels, lands, tenements, to the amount adjudged for damages, which Mr. Merrith had recovered in the suit against Mr. Howell.
Financial matters affecting the rights of the Crown or any of the royal subjects in England were determined by the Superior Court. The question of collecting and adjusting quit rents in Edgecombe was continually before this court for settlement. The quit rents being the chief source of revenue, it was natural for England, and especially Lord Granville, who owned this part of the province of North Carolina, to be anxious to have the man- agement of their monies in the hands of a more direct agent of the Crown.
The presiding officer of the Superior Court held the title of Chief Justice,1 and, with his associates, sat upon the bench and rendered decisions. This court also had a provost marshal. It was his duty to execute the orders of the court and to summon jurymen from every precinct in the district. Means of reaching various individuals who were intended to serve on the jury were very crude, and the provost marshal had much trouble in sum- moning the jurymen selected.
The Superior Court, being a court of record, it was supplied with another officer, designated as clerk, appointed by the Chief Justice, and who acted as a scribner for the court. His duties were fully specified and very confining. The law required him to reside and keep his office in the county in which the court was held. He also acted in the capacity of register of deeds and kept probated wills, records of all court proceedings, deeds of trust, and all other papers relative to the clerk's and register of deeds' offices.
1 The Chief Justice was allowed 38 pounds, 13 shillings, and 8 pence for every session of court held in the district.
62
HISTORY OF EDGECOMBE COUNTY
The question of raising and disbursing funds in the colonial period was one of the most important of that day, inasmuch as corruption and inefficiency were constantly arising in matters of colonial finances. In order, therefore, to meet one of the greatest demands, a treasurer was appointed in 1745 for the district of Edgecombe. It was his duty to collect all monies due the Crown from the county sheriff. The treasurer was also required to travel a circuit in this district and hear complaints arising from finan- cial difficulties at the Court of Assizes in Edgecombe and Edenton in October of each year. The position at this time was a very responsible one-the treasurer frequently had large sums of money in his possession. The risk was very great because the county was not thickly settled at this time, and there were no banks for the safe keeping of funds. The treasurer, therefore, was required to give a bond of 2,000 pounds for the faithful discharge of the official position. He received as compensation for his services a commission of five per cent on all monies passing through his hands.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.