USA > North Carolina > Edgecombe County > History of Edgecombe County, North Carolina > Part 6
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The method of selecting and qualifying jurymen is very inter- esting. A list of jurymen was made up by the Assembly of North Carolina for Edgecombe Precinct, and their names were put in a box to be drawn out at the end of each session of court by a child for the next session. A just decision of suits and contro- versies in the courts in the precinct depended on the integrity of the jurymen. It was declared, therefore, by the Governor and Assembly that no person could serve on the jury in either the Superior Court or the Court of Grand Sessions who was not selected, summoned, and properly qualified-that is to say, the justices of the Inferior Court within the precinct were directed before the Superior Court met to nominate twenty-four free- holders to serve as grand jurymen, and twenty-four to serve on the petit jury at the session of the Superior Court. The Inferior Court could not nominate any person to serve as juror at two consecutive courts, nor anyone who had an action or suit to be tried in the Superior Court at the term for which he was nomi- nated. The number of freeholders who could be nominated to serve as jurors from Edgecombe County was eight. In 1733 the first jurymen served from Edgecombe County. Any juryman who failed to appear when summoned was fined three pounds proclamation money unless he could give sufficient cause at the
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next court for his non-appearance. In case the fine was imposed upon a juryman the money was paid to those who attended from the precinct in order to lessen the precinct tax. The sheriff of the county was held responsible for all fines imposed upon those fail- ing to serve from the county.
All grand jurors in the county were required to own or manage five hundred acres of land, while all petit jurors had to own or control two hundred acres. One of the instructions issued to Governor Burrington when he assumed control of the Province of North Carolina was to restrict the voting of freemen unless they were freeholders. In 1734 this instruction was re-inforced by Governor Johnston, who refused to admit freemen who were not freeholders to cast their vote for members of the Assembly unless they had been inhabitants of the precinct at least six months and possessed a freehold of at least fifty acres of land. Even under these circumstances the one voting must have had the land in his possession at least three months before he would be allowed to vote.
One of the essential needs for the administration of justice is a court house. Prior to 1742 Edgecombe County did not have a permanent place for holding courts, the justices meeting from time to time on different plantations convenient for those attend- ing the court session. In 1741 the General Assembly of the Province passed a law permitting the Justices of the Peace of the county to lay a tax not exceeding one shilling per poll for two years on every taxable in order to build a court house, prison, and stocks for the county. Accordingly, the sheriff began the collec- tion of the taxes for this purpose and turned same over to the Justices of the Peace, who superintended the construction of the public building. The first court house was built at Enfield, primarily for the exclusive use of the Superior Court. At the completion, however, a petition was made by the local county courts 1 that they might also hold their sessions at the court house in Enfield.
At this time the area of the precinct of Edgecombe was very extensive; for this reason it was to the advantage of the people generally that the Superior Court and the public buildings be
1 The General Assembly empowered the Justices of the Peace in Edgecombe to hold their sessions of court here. They were also given free use of the prison.
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erected and remain at the most convenient place. Beyond the frontier of what is now Granville County the land was very sparsely settled; consequently, there was no very urgent need for a place for holding court. On the other hand, Edgecombe County was fast being settled and a small urban population was growing in various sections of this district. The Assembly, realizing the necessity for a court house in a central and thickly populated dis- trict, wisely selected Edgecombe as one of the three most con- venient locations.
Enfield, being the most central place in the district, the court house and prison were accordingly constructed at this place. En- field was made the county seat of Edgecombe, and all the courts of the county were accordingly held here. This, however, was only temporary, for in 1758 Halifax County was formed and was selected as a more convenient location for the holding of Superior Court; consequently, the citizens of Northampton, Granville, and those in northern Edgecombe petitioned the Assembly to move the Superior Court and jail for this district from Enfield to Halifax.1 Complaints, moreover, were made that Enfield afforded no conveniences for the people attending court at that place. Ac- commodation and conveyance also were not obtainable at Enfield. The Assembly of the province acted favorably and the court house and prison were accordingly moved to Halifax Town in Halifax County. Trustees were appointed to remove all the records and existing property and to erect the necessary buildings. An ap- propriation of 134 pounds, 9 shillings, and 4 pence was made and paid over to the trustees to complete the construction of the public buildings. An additional tax was also levied on all taxable per- sons in the three counties in order to help finance the construction of the buildings.
Edgecombe County made an involuntary surrender of her judicial power in 1758 when Halifax County was formed. Enfield being located in Halifax, consequently it would be impracticable to continue to hold her sessions of court at that place. At this time there was also a commercial rivalry existing between the two counties, and Tarboro was growing as a commercial competitor with Halifax Town. It became necessary, therefore, to find some suitable and convenient place in Edgecombe County to hold court.
1 Enfield was hardly a village at this time. It never became incorporated until after the Revolution.
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It was probably in 1758 or the year after when the court house for Edgecombe County was permanently moved from Enfield to Redmond's Old Field on Tyrancoca, now known as Cokey Swamp. The building was presumably of logs, chinked here and there with mud and making a very crude structure. It could not have been a very permanent building, for there was no special appropriation made to construct a court house at this place. In fact, there are grave uncertainties that the court house was ever completed. It is known, however, and there is conclusive evidence that the ses- sion of court for 1760 was held in the vicinity of Tyrancoca Creek. The report of the grand jury was returned from Red- mond's Old Field during this year. The foreman was James Barnes, and among others who served at the first session of this court were John Calhoon, James Braswell, Richard Lewis,1 and James Hogans. Fortunately, also, there is a record of the court proceedings held at Redmond's Old Field that year. Among the civil cases disposed of was that of a land deal which involved some of Edgecombe's most prominent citizens at that time. The prop- erty of John P. Dew was divided by the County Court according to his will. Acting on the special committee, appointed by John Haywood,2 Aquilla Suggs, and Thomas Hall, Justices of the Peace, to divide the estate among the heirs of John Dew accord- ing to law, were James Smith, Drew Smith, and James Hogans. The records indicate also that at this time Elisha Battle, a citizen who afterwards became very prominent in politics and church affairs, repaired to Redmond's Old Field to take an oath as a Justice of the Peace. It is supposed that Mr. Battle presided over the few remaining sessions of court at this place.
It may be inferred from that fact that the court house at Red- mond's Old Field was not substantially built, and that the people in the county contemplated another site from the beginning. It is very difficult to reach any definite conclusion as to where the sessions of court were held between 1760 and 1764. There are no reports of any court session during these four years. In the mean- time a petition was sent to the General Assembly by the inhabi- tants of the county that they might be permitted to move the
1 Father of Exum Lewis, noted Revolutionary soldier from Edgecombe.
2 John Haywood was appointed public treasurer in 1756. He was the father of William Haywood, of Edgecombe County, and of Judge John Haywood, who lived in Halifax until his departure for Tennessee.
5
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court house from Redmond's Old Field to Tarboro. The reason given for the removal was that the former place was too incon- venient for the people, and that it was impracticable to build a jail near the old court house that would confine criminals. Those committing misdemeanors were frequently let out of prison by assistance from outside parties, and on one occasion the prison was set on fire and destroyed by some disorderly people in that vicinity. At this time the neighborhood of Tyrancoca Swamp was very thinly settled and no protection was offered for the county property. The petition also stated that a court house and prison should not be built at Tyrancoca Swamp, as had been previously planned, for the reason given by the inhabitants. From the indi- cation of the petition one might infer that no court house had been erected at Redmond's Old Field.
The Justices of the peace in the meantime were called upon by the Assembly to substantiate the reasons offered by the people why the court house should go to Tarboro. They accordingly recom- mended this town as a proper location. In order to impress the Assembly more favorably, another petition was presented to that body by Mr. Palmer in April, 1762. The former reasons were repeated, namely, that Redmond's Old Field was too obscure a place for the court house and prison, and that the people suffered much inconvenience through the lack of accommodation at that place. The bill presented by Mr. Palmer was not acted upon during this session of the General Assembly. In the next election for representatives to the General Assembly he was not returned, and it fell to Mr. Ruffin's lot to agitate the matter and bring it to a conclusion.
Early in 1764 arrangements were made for the construction of the public buildings. The court house could not have been very large, for it was completed in six months, after several interrup- tions, by William Dunn. The price paid for the work was eight pounds, which also indicates the smallness of the building. Aquilla Suggs, William Haywood, Joseph Howell, Sherwood Haywood, and James Hall were appointed by the Governor and Assembly to supervise the work.1 There had been no tax prior to this time laid on the inhabitants to build the court house and
1 A clerk's office, the first to be built in Edgecombe, was also provided for in this act of Assembly, 1764.
1
1
1
Bounds laid out in 1767, by order of the court and of James Moore
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PITTS
STREET
STREET
81
82
STREET
ST. GEORGE
Devis's House
Gulchrist's Store
PLAT OF PRISON BOUNDS OF THE TOWN OF TARBORO LOTS 60 4 61 AND EARL GRANVILLE LOTS 71 & 72
OLD ROAD
S.N. Barton
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prison for the county. The clerk of the County Court was ac- cordingly ordered to certify the unanimous consent of the court for an act providing for a court house and jail by taxation. Ac- cording to the wishes of the county officials two shillings were levied on all taxables in the county to be collected by the sheriff for two consecutive years in order to pay the expenses in building the court house and prison. The surplus money was turned over to the county officials to be applied to the contingent charges of the county and to aid the county tax.
During the process of construction of the court house the ses- sions of court were held in a dwelling in Tarboro. This fact indi- cates that the old court house at Redmond's Old Field, if one was constructed there in 1758, had been torn down or abandoned because of the inconvenience in holding court in that place. It is reasonable to believe that if one existed at this time at Redmond's Old Field the sessions of court would have been held there during the time the court house in Tarboro was being completed.
The method of conducting the prison and court house in the colonial period presents a very interesting condition. Whether or not the people ruled with a more humane hand then than now many are prone to doubt. It can be said, however, that the prison was kept with much more leniency extended to the prisoner in the colonial times than now. A special provision was made in the plans for Edgecombe's prison for a parcel of land, six acres, to be annexed to the prison for exclusive use of the prisoners. Those who were confined in the prison after 1741 had the privilege of walking out in the open when endangered on account of bad health, provided, however, that those in prison were not charged with treason or felony.
In addition to the local court system and the right of Superior Court trial, the county had also the right of a representation in the General Assembly of North Carolina. Edgecombe, because of her location, was subject to an unhappy and embarrassing situa- tion because of a long dispute over legal representation prior to 1741. When the counties of Bath and Albemarle were erected it was agreed that the precincts of the former should send two mem- bers each to the Legislature, while those of the latter were allowed five. The discrimination was due to the differences in population, Bath County being very sparsely settled and Albemarle containing
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HISTORY OF EDGECOMBE COUNTY
a majority of the inhabitants. In the course of time, however, there grew to be an unequal representation of the various pre- cincts in the two counties which had reached a climax when Edge- combe was formed in 1732. It followed, therefore, that when Gov- ernor Burrington issued a decree for an election for representa- tives from Edgecombe Precinct, and when Edgecombe elected five members according to the previous agreement of the Assembly that the large and populous counties should enter a vigorous pro- test. Especially was the question of representation further com- plicated when Governor Dobbs constituted Halifax County and permitted four representatives to be elected from that district. Dobbs claimed he was trying to bring the southern and northern districts up to equal representation. Lord Granville, being in- terested in Edgecombe, it being his property at the time, objected strenuously to this action of Governor Dobbs, and claimed that to allow four members from the small county of Halifax and only two from the large county of Edgecombe was unjust.
The agitation became very acute in 1734, when William White- head, James Speir, Bar Macquinny, David Hopper, and James Millikin appeared in the Assembly as representatives from Edge- combe. Their entries entitled them to a seat in the Assembly, which although objectionable to the precinct of Bath County brought forth no immediate protest. Before the time for the next election for the ensuing session of the Assembly a law was passed forming a more equal representation and pleasantly avoided a serious controversy.
In the meantime another incident caused Edgecombe County considerable difficulty in securing seats in the Assembly for two representatives provided for by the new law. In 1733, one year after the precinct was formed, Edgecombe sent only two legis- lators, Captain Will Whitehead and Dr. David Hopper, because of the unsettled political condition. Contrary to the expectations of the precinct and to the humiliation of the representatives, they were refused a seat in the Assembly. Their rejection was the result of the controversy then being waged in the Assembly over the legality of a Governor erecting new precincts.1
1 Edgecombe was erected by Governor Burrington in 1732; but was not confirmed by the Assembly until 1741.
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The following year, however, Captain Whitehead and Dr. Hopper were re-elected and returned to the General Assembly. The controversy being less acute than in the preceding year, the representatives were permitted to take their seats. The unsettled conditions were evident, however, because Edgecombe's representa- tives were not allowed to take part or vote in the legislative ses- sion. The regular number of representatives, except in 1734 1 and 1739,2 were sent to the Assembly until 1740. During 1740 the situation was very offensive and Edgecombe County inten- tionally neglected to elect any members for the General Assembly. This served as a good pretext for those who had objected to Edge- combe's having a representation to exclude the county from having a voice in colonial legislation. George Roberts, a representative from Craven County, originally a precinct in Bath County, came out in open opposition and declared Edgecombe's members ought not to be returned. He accordingly introduced a resolution in the Assembly declaring the members from Edgecombe County sat in the house contrary to the privileges of legislation, and moved that they should not be allowed to exercise the function of legis- lators until a law was passed constituting Edgecombe a legal county. The timely intervention, however, of several influential members avoided the embarrassment and a probable revolution of the Edgecombe citizens.
It is very difficult to understand why Edgecombe should be granted local self-government through their courts and be given power to tax its citizens for specific purposes and then not be per- mitted to form a part of the provincial government. This much is certain, however, that the county was being used by political factions as a means to further their political ambitions. This fact is demonstrated by the dependency Edgecombe was involun- tarily compelled to assume upon Bertie County.8 Prior to 1740 Bertie and Edgecombe were designated jointly in matters pertain- ing to the Supreme Court. Jurymen from Edgecombe were listed with those from Bertie, while taxes prior to 1737 were collected with those of this county.
The results of political parleying placed Edgecombe not only in an awkward and unjust position, but hampered the progress
1 Five representatives were elected that year.
" Four representatives were elected that year.
" Edgecombe was cut off from Bertie County.
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and development of the county. It was, therefore, a matter of expediency to reach some method of adjusting effectively for Edgecombe the question of representation. To this end in 1743 the county elected John Pope, an influential citizen, as a repre- sentative to appear before the Assembly and place before the ses- sion an actual account of the state of affairs. He was, however, prevented from accomplishing his original purpose by being per- mitted to accept a seat in the Assembly.
In the meantime the question of representation was permanently settled when the Crown left the issue with Governor Johnston, who declared in favor of Edgecombe in 1744. Edgecombe accord- ingly took her place the following year with the other counties in shaping legislation for the Province. Her first appearance under this condition was made when John Alston and John Pope were placed upon important committees to regulate grievances imposed from a lack of military officers to prevent general muster. Two years later, 1746, John Haywood and Joseph Howell, two of the most influential men in the county were appointed to serve on a committee by the Assembly to examine public claims and ac- counts. Meanwhile Mr. Haywood also acted as chairman of the committee which drew up a bill regulating the practice of the court of justice and another to facilitate navigation in the Prov- ince. For several years Mr. Haywood remained on the public claims committee, and acted with credibility. During this time Edgecombe regained much of her lost prestige and became one of the leading political centers of the Province.
The members of the Assembly in Edgecombe were elected by the freemen of the county. As a qualification for a representative a candidate had to be a freeman and possess, in his own right, 100 acres of freehold and be a resident of the precinct for one year. The sheriff 1 issued a writ in obedience to the summons from the Governor for the freeholders of the county to meet at the court house and vote for the candidates. The voting was done openly and orally.2 The candidates sat on the magistrates' bench in open court, the sheriff down below to oversee the voting to ascertain how every man voted. The candidates were permitted to acknowledge
1 John Alston was sheriff during the first election, and the same custom was fol- lowed until 1787.
" This method was changed later in 1768 to that of voting by signing the name of the voter on a ticket.
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the vote of his constituents by a nod, and sometimes words of thanks were spoken to those voting for him. After the election the voters usually met at some ordinary where a feast was held for all at the expense of the successful candidates.
Representative government in many respects corresponded to the old English system. One of the similarities was that of bor- ough representation. Edgecombe's part in borough representation, however, was negative rather than positive. In 1765 Governor Martin visited the town of Tarboro 1 for political reasons. He was given a very cordial and pleasant reception and for this reason was probably influenced to give the town the right of a borough member through the issuing of a charter. The sheriff of the county, at the command of Governor Martin, held an election in 1755, and Henry Irwin was elected. Naturally when Mr. Irwin appeared at the General Assembly to take his seat, various objec- tions were made. There were two material objections that the Assembly offered why Mr. Irwin should not be allowed a seat in the General Assembly. In the first place there was considerable danger that the Governor would be given additional power by being allowed to create boroughs at his will. It is obvious that the Gov- ernor by granting new members would be raising up for himself future power over colonial legislation. Members elected by the creation of new boroughs by the Governor would necessarily feel under obligations to him and favor the Governor's plans in the coercion of legislative measures over the Assembly.
The General Assembly observed this and watched with zealous care the increase of Governor Martin's encroachments. The mat- ter was referred to the committee on the privilege of election, where the legality of the case was debated. Many would have been inclined to favor Edgecombe had not the personal matter of cur- tailing the power of the Governor been under consideration. The point of law, however, entered into the Assembly's investigation and constituted the means whereby Edgecombe's borough repre- sentative was ultimately rejected. The law required that town representation should come through a charter which stipulated that each town so represented should have sixty resident families. Tarboro, not having the required number of families, was conse- quently not in a position to agitate the matter.
1 Tarboro was the county seat.
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HISTORY OF EDGECOMBE COUNTY
In the meantime, however, Governor Martin was placed in a bad light by the several accusations brought against him by the Assembly. He sought to justify his action by saying Mr. Mc- Culloh, a member of the Council, had presented a petition from the citizens of Edgecombe requesting that Tarboro be permitted a representative according to the Bath town act of 1715. This being the fact in the case, Governor Martin wrote a letter to the Earl of Dartsmouth in 1774, declaring the law was violated, and called upon the Crown to support him in his action. Governor Martin also claimed that he had consulted Chief Justice Howard and Mr. Strudwick, a councilor, who had sufficient power to grant a charter under the existing law, and that they had declared his action legal.
The truth of the matter is not definitely known, since the au- thority for the case came from the report of Governor Martin. No records were entered upon the minutes of the General As- sembly. Be that as it may, the controversy was quelled when Governor Martin heard from the Earl of Dartsmouth, who in- formed him that the election law of 1715 evidently disqualified any town to send a representative that did not have the number of freeholders specified. He advised Martin not to enter into a controversy with the Assembly over the rejection of the repre- sentative from Tarboro allowed through the charter he had granted.
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