In October, 1763, the governor acquainted his council that he had received 
from agent Charles Garth the proceedings in a Jamaica appeal from the Supreme 
Court to the Governor and Council, and from thence to the King in 
Council. These proceedings were communicated to the South Carolina council, 
whose advice was sought in the establishment of forms to be observed in 
cases of like nature coming before the Governor and Council, but the council, 
too indolent to cope with the matter, thereupon ordered the proceedings 
transmitted to the Attorney General. 168 In December the governor called 
his council's attention to the lapse of time since the reference to the Attorney 
General to report whether the transmitted proceedings removed the objections 
formerly stated and gave sufficient insight and direction for the Governor 
and Council to sit as a Court of Appeals. A clerk was thereupon ordered 
to wait upon the Attorney General and require the report on the reference. 189 
In February, 1764, upon gubernatorial prompting, it was ordered that the 
late Attorney General's report on the appeal instruction and the Jamaica proceedings 
should be referred to the new Attorney General, John Rutledge. 
The latter was to consider and give his opinion on the legal method and 
form of conducting process on appeals grounded on the governor's instructions 
170 No immediate report thereon was forthcoming. 
Finally, on April 2,1765, the governor informed his council that one Symond 
(Simmons or Simond) had signified his intention of appealing from the 
Court of Common Pleas judgment in Lessee of Symond v. Shubric\ and had 
sought information as to the procedure in such case. On April n, after consideration 
of the matter, a copy of the instruction as to appeals was ordered 
sent to Attorney General Rutledge to report his opinion thereon to the 
Board. 171 In an opinion laid before the council on April 25, 1765, Rutledge 
stated that he had considered the instruction and the reference, 
taking it for granted, as I think sufficient reasons may be produced to support the 
position if doubted, that the King by this instruction intended to create a court 
or to appoint special commissioners here whose jurisdiction and power should be 
to examine into judgments complained of as erroneous in point of law and to reverse 
and reform or to affirm those which upon proper inquiry should appear to 
proceedings, and proper judicatures are established 
to determine in these cases at fixed 
terms." But in South Carolina "the Governor 
and Council have never granted any writs of 
error or appeals, or settled any known method 
of proceeding in consequence of His Majesty's 
instructions to this purpose." MS Observations 
on the Present Slate of the Courts of Judicature 
in His Majesty's Province of South Carolina 
(1730), 6 (L.C.). 
168 29 MS So. Car. Council Journal, 105-6. 
For the advice of the Board of Trade to Garth 
that he take out of the Council books a copy 
of the proceedings in any appeal from any 
other colony, see JCTP, 1759-63, 365. 
169 30 ms £ 0 _ Car. Council Journal, 1-2. 
170 30 ibid., 39—40. 
171 32 ibid., 494, 503-4.