THE BEGINNING OF GOVERNMENT IN THE UPCOUNTRY In answer to the demand of the inhabitants of the upcountry, the Commons House of Assembly passed the Circuit Court Act of 1768. Lieutenant Governor William Bull, during the interim between Governor Boone and Governor Montagu, had recommended courts for the backcountry in 1765. The next year the Assembly adopted a committee report recommending such courts, and South Carolina's agent in London, Charles Garth, commenced negotiations to purchase the provost marshal's patent from Richard Cumberland. Garth informed Lord Shelburne, in charge of American affairs for the crown, that the distance to Charleston from the backcountry worked a great hardship and that courts and sheriffs were needed in the interior. Shelburne and the Board of Trade approved Garth's proposals and finally Garth was able to get Cumberland to agree to sell his patent for 5,000 pounds in November 1767. This was necessary because sheriffs could not be appointed so long as the provost marshal's patent gave him the fees for service of process and other writs. Governor Montagu approved the Circuit Court Act of 1768 which provided for the division of the colony into six districts with Ninety Six, Orangeburg, Camden, and the Cheraws to serve the upcountry. Agent Garth in London was instructed to work hard for its confirmation. Because the act made the salaries of the judges dependent on the king's appointing them to hold office during good behavior, the act was disallowed by the king. He and his ministers thought this an impertinent interference with the crown's prerogatives. ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com