The chief executives of North Carolina during the colonial era were normally the governors, appointed by the Lords Proprietors and later by the crown, and in their absence, the presidents of the governor's Council. During the period of proprietary government (1663-1729), the colonies of North Carolina and South Carolina were for a time (1691-1712) theoretically united into one government, with the chief executive of North Carolina being styled "deputy governor" and subordinated to the governor of South Carolina. In practice, however, the government of North Carolina functioned independently of its neighbor to the south, and the twenty-five men serving as governor, deputy governor, or acting governor during the proprietary era were accountable only to the Lords Proprietors in England. The duties and powers of governors were set forth in a series of so-called Fundamental Constitutions promulgated by the Lords Proprietors from 1669 to 1698, and in the commission and instructions issued to each governor upon his appointment and supplemented from time to time by additional instructions. The period of crown rule (1729-1776) saw few changes of substance in the constitutional position of the governor, the main one being that after 1729 he represented the royal authority rather than the proprietary. Royal governors were also bound by their commission and instructions, but their activities in carrying out the responsibilities contained in them were scrutinized much more closely by the responsible authorities in England--the secretary of state and the Board of Trade--than had been the case with governors prior to 1729.

The powers of the chief executive were wide-ranging throughout the colonial period, and most of them were common to both proprietary and royal governors. All were commanders-in-chief of the colony's land and sea forces, and could declare war and proclaim peace within the colony. They were also charged with regulating relations with Indians; erecting courts; granting reprieves to convicted criminals; appointing to public office; granting lands; issuing writs for assembly elections; summoning, dissolving, and prorogueing the assembly; and summoning the Council, with whom the governor shared much of his authority by way of the crown's instruction to seek the Council's advice and consent on virtually all matters of importance. In addition, governors were empowered to disburse money raised by act of assembly; designate fairs, markets, ports, and harbors; secure obedience to his orders from all officials in the executive branch of government; and (during the royal period only) maintain oversight of the established church in the colony, the Church of England. The governor was also to direct the collection of quitrents and other proprietary/crown revenues, and was supposed to send periodic reports to London on all aspects of the province's life.

The governor's constitutional relationship to the General Assembly was in some ways analogous to that of the crown to the British Parliament: he could propose legislation and veto acts passed by the assembly but could not preside at the Council board when it sat as the upper house of the assembly. Conflicts between chief executive and assembly were a common occurrence, with the assembly opposing governors on such issues as the collection of quitrents, selection of the colony's agent in London, representation in the assembly, and assistance to be given the crown in the French and Indian War, among many others. Not infrequently, personal animosities between governors and leaders of the assembly led to clashes. One recurring source of friction was the assembly's persistent refusal to pass legislation providing for the efficient collection of quitrents, from which the governor's salary was supposed to be paid. During the tenure of Arthur Dobbs (1752-1765) the crown settled a salary on North Carolina governors from sources outside the colony. The General Assembly during both proprietary and royal times did, however, periodically establish a table of fees that the governor and certain other officials were to be paid for undertaking various tasks. In the governor's case they included such things as signing land grants, letters of administration, commissions, and other documents, as well as proving wills.

To learn more about the role of the Colonial Governor of North Carolina and the laws surrounding that position, visit the Colonial Governors' Papers Record Group in the State Archives online catalog, from which this text was taken.

With the coming of statehood, the position of the governor altered dramatically from what it had been during the colonial period. Virtually all of the changes affecting the chief executive brought about by the Constitution of 1776 were decidedly in the direction of increased power and authority for the General Assembly, at the expense of the governor. He became in large measure a creature of the assembly, being elected by that body for a one-year term, up to a maximum of three terms in six successive years. Whereas colonial governors had had to meet no set qualifications--the crown having had absolute authority to appoint whomever it pleased--the governor of the new state could not be under thirty years of age, must have been resident in North Carolina above five years, and had to have property in land above the value of 2,000 pounds. Instead of being advised by a council appointed by the crown, his advisory "Council of State" was elected by the legislature. Although the governor was styled "captain-general and commander-in-chief" of the militia, he could mobilize it only when the General Assembly was in recess, and then only with the advice of the Council of State. The same restriction applied to laying embargoes and prohibiting the export of commodities. His powers of appointment were severely restricted. The assembly appointed higher court judges, attorneys general, secretaries, treasurers, and justices of the peace, as well as generals and field officers of the militia and all officers in the regular army of the state.

Other powers enjoyed by colonial governors fell with the ending of royal government: the authority to issue writs of election for a new assembly and elections to fill vacancies; to prorogue the assembly; and to reject legislation passed by the assembly (veto power would not be a part of the governor's abilities for over two centuries). The Constitution of 1776 decreed that the assembly meet automatically after an annual election a nd that it issue its own writs to fill vacancies. Also not a feature of colonial governorships was any provision for the removal of governors, except by the Crown. In the new constitution, "violating any part of this constitution, maladministration, or corruption" could lead to the governor's dismissal through impeachment proceedings, or even by presentment of the grand jury "of any court of supreme jurisdiction in this State." In case of the governor's death, disability, or absence from the state, the speaker of the Senate, and then the speaker of the House of Commons, acted in his stead.

The governor was not entirely a cypher, however. He did have limited power to grant pardons and reprieves, and continued to be the keeper of the great seal, which had to be affixed to all grants and commissions. The chief executive was also assured an "adequate" salary. The governor could (with the advice of the Council of State) fill vacancies in offices when the assembly was in recess, such appointments being valid until the end of the next session of assembly. He also possessed certain undefined residual powers. One section of the constitution stated that the governor "may exercise all the other executive powers of government, limited and restricted, as by this constitution is mentioned, and according to the laws of the State." This presumably allowed the governor, with the concurrence of the Council of State, to appoint the sheriffs, coroners, and constables mandated by the constitution, in addition to what few other powers might not have been given the General Assembly by the constitution. He could also draw and disburse such funds as were voted by the assembly for contingencies.

In 1868 a constitutional convention submitted to the people a new constitution, which was approved. Innovative in numerous ways, the Constitution of 1868 strengthened the powers of the governor substantially. One of the most important of the new provisions was an increase in the term of office from two to four years; an incumbent was, however, ineligible to hold office for more than four years within any span of eight years, unless he became governor by virtue of his succeeding to office by the death or incapacity of the governor. The constitution created the new office of lieutenant governor, who was first in line of succession. The minimum age for holding the office remained thirty years, but the residency requirement was lowered to two years. A new provision mandated U.S. citizenship for those seeking election as governor. The property qualification for holding the office was abolished. To the requirement that a new governor take an oath to the state was added one that he do the same to the United States.

Other increases in the governor's powers included his unfettered power to grant reprieves, commutations, and pardons. He was made commander-in-chief of the militia, and could call it out to "execute the law, suppress riots and insurrections and to repel invasion," except when it was called into service by the United States government. The governor could, on advice of the Council of State, convene the General Assembly in special session, and he was required to issue writs for elections when vacancies occurred in the assembly. He was empowered, with the advice and consent of the Senate, to make appointments to those offices filled by constitutional or statutory prescription, and the General Assembly was specifically barred from making such appointments. All judicial vacancies were to be filled by the governor unless otherwise provided for, and the appointees were to hold their places until the next general election.

The governor could also make temporary appointments when officials comprising the newly constituted, elected Council of State died, resigned, or were incapacitated. This Council of State, composed of the secretary of state, auditor, treasurer, attorney general, superintendent of public works (office abolished in 1873), and superintendent of public instruction, was to "advise the governor in the execution of his office," but the governor was not required to act on that advice. Offices later created and added to the Council of State were commissioner of agriculture, 1877; commissioner of labor and printing, 1887; and commissioner of insurance, 1899. The Council of State advises the governor on calling special sessions of the General Assembly, must approve a variety of fiscal and property-related matters, and, among other things, must approve measures for civil defense and the survey of state boundaries. Under the Constitution of 1868, the governor was to preside over the newly created State Board of Education, composed of the Council of State plus the lieutenant governor.

To learn more about the role of the Governor of North Carolina and the laws surrounding that position, visit the Office of the Governor Record Group in the State Archives online catalog, from which this text was taken.