In a December 1860 session of the North Carolina General Assembly a bill was introduced authorizing a session of an Oyer and Terminer Court in Caswell County, North Carolina. This apparently passed the next month (January 21, 1861). [See below].
On January 26, 1861, The Tarborough Southerner newspaper (Tarboro, NC) reported the following:
"His Honor, Judge Saunders, has been appointed to hold the special term of Oyer and Terminer, appointed for Caswell County, 21st inst."
These courts of Oyer and Terminer were used by some southern states before the Civil War to hear criminal cases against enslaved people charged with capital crimes (where a death sentence could result).
The Judge Saunders referenced most likely is Romulus Mitchell Saunders (1791-1867), who already was serving as Caswell County's Superior Court Judge. See photograph.
Unknown is why an act of the North Carolina General Assembly was required to authorize for Caswell County a special term of Oyer and Terminer to hear cases over which the Caswell County Superior Court already had jurisdiction.
Query whether this somehow was in response to the recent election of US President Abraham Lincoln and the secession discussions being held in North Carolina and throughout the southern slave states.
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Courts
An Act to Authorize the Holding of a Court of Oyer and Terminer in Caswell County
Section 1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the governor of this State shall issue a commission of oyer and terminer to one of the judges of the superior court of law, to try all slaves that may be now confined in the jail of Caswell county, charged with rape or any other felony, which said court shall be held forthwith; and the judges shall be clothed with all the powers necessary for the trial.
Section 2. Be it further enacted, That the said court shall be held at Yanceyville under the same rules, regulations, powers and restrictions as govern the courts of oyer and terminer appointed to try slaves for insurrection, rebellion, or conspiracy.
Section 3. Be it further enacted, That the clerk of the county court, and sheriff, assisted by two justices of the peace, shall draw a jury of thirty-six persons, who shall be summoned by the sheriff, from which shall be made the grand jury and petit jury; and the court shall have power to order a special venire, as in other cases of felony.
Section 4. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the _____ day of January, 1861.]
Chap. 77-78.
Passed By The
General Assembly,
At Its
Session of 1860-'61.
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