North Carolina’s Founding Fathers www.carolana.com J.D. Lewis © 2018 – J.D. Lewis – All Rights Reserved Little River, SC Terms of Use: Any or all parts of this slideshow may be used by anyone for any purpose free of charge – with one stipulation. The user must cite “www.carolana.com” as the source and may not alter any material used. 2 Table of Contents Topic Slide No. Quick Lookback at Representative Gov’t 4 NC Quick Lookback (1629 to 1775) 10 NC Provincial Government (1774-1776) 35 NC State Government (1776-1790) 62 Sources 159 Appendix A – NC Founding Fathers by County 162 3 Quick Lookback at Representative Government 4 Ancient Democracies, Republics & Constitutions • Athenian democracy developed around the fifth century BC in the Greek city-state of Athens. Spread to other city-states. • It was a system of direct democracy, in which participating citizens voted directly on legislation and executive bills. This was not considered to be a “representative government,” however. • To vote one had to be an adult, male citizen, i.e., not a foreign resident, a slave, or a woman. • Leaders elected at random by citizens. • Solonian Constitution drafted in 594 BC. Greek Senate c. 450 BC • Indian City State of Vaishali functioned as what would be called a Republic. There were other similar city-states, all in northern India. • Decision making by voting of two primary groups: Martial or warrior class Trade guilds/agriculturists class • Code of Manu issued in 3rd Century BC. North Indian Assembly c.400 BC • Two Consuls – executive leaders • Senate comprised of 300 upper class citizens • Tribune comprised of 10 lower class citizens • Citizen Assemblies (adult males only) • Two-party system – Patricians & Plebians • Leaders elected lower members • Considered to be a Republic • 12 Tables (constitution-like) codified in 450 BC. Roman Assembly c. 100 BC 5 Evolution of England / Great Britain / UK Parliament Convened only when King wanted England / Wales Great Britain United Kingdom Unicameral Unicameral Bicameral Bicameral Bicameral Great Council / Knights of Parliament Parliament Parliament Royal Council the Shire 1066-1215 1215-1341 House of House of House of Lords Lords Lords House of House of House of The term “parliament” Commons Commons Commons first used in 1230 1215: 1341-1707 1707-1800 1801-Present Magna Carta • 809 Lords • 650 MPs King Henry III House of Peers Included Included summoned the 1657-1660 Scotland and Ireland 1st Parliament (Results of English Northern Ireland 1801-1922 in 1236. Civil War) None elected. 1264, first elected Parliament. 1610 – Case of Proclamations: King may not change law by a simple proclamation. Wales 1628 – Petition of Right: included All taxation must have Parliament consent. after 1282. 1640s – During English Civil War, the political party system was established in England. 1679 – Act of Habeus Corpus safeguards against unlawful imprisonment and the right to appeal. 1689 – Bill of Rights specified free election, freedom of speech in Parliament, and further limited the power of the crown. William I – 1066-1087 John – 1199-1216 Edward III – 1327-1377 Jane – 1553 Anne – 1702-1714 George III – 1760-1820 William II – 1087-1100 Henry III – 1216-1272 Richard II – 1377-1399 Mary I – 1553-1558 George I – 1714-1727 George IV – 1820-1830 Henry I – 1100-1135 Edward I – 1272-1307 Henry IV – 1300-1413 Philip – 1554-1558 George II – 1727-1760 William IV – 1830-1837 Stephen – 1135-1154 Edward II – 1307-1327 Henry V – 1413-1422 Elizabeth I – 1558-1603 George III – 1760-1820 Victoria – 1837-1901 Henry II – 1154-1189 Edward III – 1327-1377 Henry VI – 1422-1461 James I – 1603-1625 Edward VII – 1901-1910 Richard I – 1189-1199 Edward IV – 1461-1470 Charles I – 1625-1649 George V – 1910-1936 John – 1199-1216 Henry VI – 1470-1471 Oliver Cromwell – 1653-1658 Edward VIII – 1936 Edward IV – 1471-1483 Richard Cromwell – 1658-1659 George VI – 1936-1952 Edward V – 1483 Charles II – 1660-1685 Elizabeth II – 1952-Present Richard III – 1483-1485 James II – 1685-1688 Henry VII – 1485-1509 William II / Mary II – 1689-1702 Henry VIII – 1509-1547 Anne – 1702-1714 Edward VI – 1547-1553 6 Background on Great Britain’s Constitution up to 1800 (Or Lack Thereof) The constitution of the United Kingdom is the sum of laws and principles that make up the body politic of the United Kingdom. It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary. The UK does NOT have one specific constitutional document. Instead the constitution is found within a variety of written and some unwritten sources. This is sometimes referred to as an "unwritten" or uncodified constitution. The British constitution primarily draws from four sources: statute law (laws passed by the legislature), common law (laws established through court judgments), parliamentary conventions, and works of authority. Magna Carta 1215 – asserted freedom of the church and right of due process Instrument of Government 1653 – Oliver Cromwell’s basis for his republic Bill of Rights 1689 – asserted individual rights and limits on monarchy* Crown & Parliament Recognition Act 1689 – confirmed validity of laws passed Act of Settlement 1701 – settled the succession of the Crown Acts of Union 1707 – union of England and Scotland to form Great Britain Act of Union 1800 – union of Great Britain and Ireland (later seceded) created UK … Dozens of Acts and Agreements since 1800 *Bill of Rights (1689) reflected many of the ideas of John Locke, the alleged great mind behind the Carolina Fundamental Constitutions. 7 Original 13 Colonies – The Charters A charter is a document that gave colonies the legal rights to exist. Colonial Charters were empowered when the Crown gave a grant of exclusive powers for the governance of land to proprietors or a settlement company. For the trading companies, charters vested the powers of government in the company in England. The officers would determine the administration, laws, and ordinances for the colony, but only as conforming to the laws of England. Proprietary charters gave governing authority to the proprietor(s), who determined the form of government, chose the officers, and made laws, subject to the advice and consent of the freemen. All colonial charters guaranteed to the colonists the vague rights and privileges of Englishmen. In the second half of the seventeenth century, the Crown looked upon charters as obstacles to Colonial control, substituting the royal province for corporations and proprietary governments. Originally part of Pennsylvania. 1629 – Mason’s Patent. 1701 – First separate Assembly. 1679 – Royal Charter. New Hampshire Delaware No official charter until Revolution. 1620 – Mayflower Compact. 1629 – Massachusetts Bay Company. 1684 – Charter revoked. 1632 – Proprietary Charter. 1689 – Royal Charter. Massachusetts 1691 – Royal Charter. Maryland 1636 – Providence Plantations Settled. 1648 – Colonial Charter. Rhode Island 1663 – Royal Charter. st 1606 – The Virginia Company. 1 1624 – Royal Charter. Virginia 1637 – Settlers left Massachusetts. 1639 – Legis. Fundamental Orders. st Connecticut 1662 – Royal Charter. 1629 – 1 Proprietary Charter. 1663 – 2nd Proprietary Charter. 1665 – 3rd Proprietary Charter. 1664 – Proprietary Charter. Fundamental North Carolina 1729 – Royal Charter. 1685 – Royal Charter. Orders served New York as basis for 1629 – 1st Proprietary Charter. Connecticut’s nd Constitution. 1663 – 2 Proprietary Charter. 1665 – 3rd Proprietary Charter. 1681 – Proprietary Charter. South Carolina 1719 – Royal Charter. Pennsylvania That’s why it is called the Constitution State. 1663 – Proprietary Charter. 1732 – Proprietary Charter. 1702 – Royal Charter. 1752 – Royal Charter. New Jersey Georgia 8 The First “Representative Government” In the “New World” Jamestown, VA General Assembly 1619 • New charter of 1618 authorized the formation of a representative assembly and Gov. George Yeardley oversaw its implementation. • 22 duly elected settlers, 6 councilors, and the new governor met for the first time in August of 1619 in “general Assemblie.” • Called “burgesses,” they first met for less than a week: Set a floor for the price of tobacco Set relations with local natives Settled a few criminal cases 9 North Carolina Quick Look Back (1629 to 1775) 10 Carolana Chartered October 30, 1629 Attorney General 1625-1631 Never Legally Settled King Charles I Sir Robert Heath King Charles I on 30 Oct. 1629 granted to Robert Heath the land between 31° and 36° north latitude— the territory between Albemarle Sound and the modern Georgia-Florida boundary and extending from the Atlantic to the Pacific oceans. The land was named Carolana and under his charter Heath had broad feudal powers, yet laws for his colony were to be enacted by the free-holders or their representatives. A local nobility might be created and a gold crown was to be kept in Carolana for use by the king when he should visit there. Heath's attempts to attract Huguenot settlers failed, and after a few years he transferred his rights to Henry Frederick Howard, Lord Maltravers. The name assigned to the region survived in a slightly modified form and various provisions of Heath's charter were retained in subsequent charters. 11 Carolina Chartered March 24, 1663 To Eight (8) Lords Proprietors Also Governor of Virginia No Known Portrait Sir John Colleton George Monck Edward Hyde Sir William Berkeley 1st Baronet 1st Duke of Albemarle 1st Earl of Clarendon (1605-1677) (1608-1666) (1608-1670) (1609-1674) King Charles II 1660-1685 Also Proprietors of New Jersey John Berkeley Sir George Carteret Anthony Ashley Cooper William Craven 1st Baron of Stratton 1st Baronet 1st Earl of Shaftesbury 1st Baron Craven (1602-1678) (1610-1680) (1621-1683) (1608-1697) Essentially the same grant as in 1629 by King Charles I. On June 30, 1665, the northern border was extended by 30 minutes. 12 Carolina Charters March 24, 1663 June 30, 1665 19 numbered paragraphs… 19 unnumbered paragraphs… Eight trusty and well beloved Almost identical except this cousins and counsellors have charter extended the northern besought leave by us, by their boundary by 30 minutes.