This marker is located across the street from the Craven County Courthouse and points out that an important court case was decided here.
The marker reads, "Bayard v. Singleton. American precedent for judicial review of legislation set nearby, 1787, by Samuel Ashe, Samuel Spencer, John Williams."
Online, there is more information. In 1787, Elizabeth Cornell Bayard filed suit to reclaim lands and property of her father, Samuel Cornell, which had been confiscated at the close of the American Revolution because of Cornell's loyalist sympathies.
"Bayard's attorneys argued that the 1785 confiscation acts passed by the state violated a provision set forth in the state's 1776 constitution that guaranteed anyone a trial by jury in a case involving the potential of loss of landholdings or property. The court was faced with a troubling situation. Although it appeared clear that the confiscation acts did indeed violate the state constitution, there was no real precedent in the 1780s for a court to refuse to enforce a legislative act."
It was the first American decision to recognize the principle of judicial review. The precedent led to the famous Marbury v. Madison case where the Supreme Court asserted its authority to strike down a law as unconstitutional.
[Review 18898 overall - 3382 in North Carolina - 2421 of 2022.] read more