WKSTKKN DEMOCRAT.
aCMRLJDTTE"
North Carolina Legislature.
We 1mm from the Raleigh Standard that
the General Ahscinbly of North Carolina
began it biennial nesMoii at tlie Capitol, in
Raleigh, on Monday 7th, in pursuance of
law.
8ES4TE.
Monday, Nov. 17th, 185C.
The Senators elect to the Legislature of
North Carolina assembled in the Senate
Chamber, in Raleigh on Monday, the 17th
iust., at 12 o'clock, M. The former Clerk,
the Hon. John Hill, called the house to or
der, and the oath of office was administered
to the Senators by Wm. Thompsou, Esq.,
of Raleigh.
Mr. Hill, of Caswell nominated for Speak
er W. W. Avery. Esq., of Burke, who was
duly elected, and conducted to the Chair
by Messrs. Hill and Christiati. Mr. Avery,
on taking the Chair said:
Senators :
I appreciate fully the distinguished hon
or conferred by this summons to preside
over your deliberations. I am not wholly
unused to the ordinary forms of parliamen
tary proceedings; but the dutiesof my pres
ent portion ar. in some respects, novel to
me, and I may he constrained, in their per
formance, to ask much indulgence at your
hands.
Obedience is never freely given to any
law or ordinance, attempted to be enforced
by constituted authority, without the wil
ling and efficient co-operation of. at least,
the major portion of the persons to le gov
erned thereby. I invoke, therefore, at the
outset, your aetive aid and as.-Utance in tin
enforcement of the rides which you may
adopt for your own government. I make
this involution with un abiding confidence,
inspired by the past history of this Senate,
that ou will r adily and cheerfully respond
to my appeal, as well from an imperative
sense of personal duty as from the highest
obligation of patriotism. No scenes of ac
tual viob'iiee have, disgraced the proceeding-
of the fVnntc of North Caroliua within
my day; and I find no reeorded evidence
gather no thxiting tradition, of any serious
disorder having heretofore, at any time,
clntraeteris-d the deliberations of this
branch of our Legislative A s-nhly. Amid
th' Gereent oitieal struggles amid the
most angry collisions in de.'ate. between
Senators in this chamber, our predecessors
ever held in vivid r mcinhnmce. the digni
ty of position, s Senators, and the proprie
ties due to each other ic-jN-cti v-ly , as w n
tUmrn. Your rules for the preservation of
order and observance of decorum, are in
tended, not merely to protect your own
dignify and secure personally the respect
of other men, but likewise for the higher
and more noble purpose of being used as n
means of ensuring a speedy consummation
of the grand ends .hn-h. under our consti-
tot io.:. We have met together to accomplish. '
The ntatiny of n great commonwealth is, in
part, confided to your keeping. The phys
ical, moral and intellectual condition of an
intelligent people are to be srious!v affect
ed, for weal or for woe, by y,ur proceed
ings, as conducted under the forms which I
shall direct you to observe. These forms,
prescribed by yourselves, as rules of con
duct on this floor, will be adopted with the
solemnities befitting their importance. And
with solemnities nt more imposing, you
will unite with the co-ordinate brunch of
our legislative department, in the passage
of grave enactments, vitally affecting your
respective constituencies. If you, as Rep
resentatives, disregard and wilfully violate
the one, cr.n you ask the constituent to ob
serve and submit to the other? I will en
deavor to perform, with impartiality and
fairness, the responsible duties imposed
upon me ; and if each of you act well your
parts in the grand drama of legislation
opened before us. I feel assured that our
joint efforts in their behalf, with the favor
of divine Providence, will redound to the
honor and welfare of that State whose ma
terial interests we are all alike anxious to
promote.
Mr. Boyd, of Rockingham, nominated for
Principal Clerk, the former Clerk, Hon.
John Hill. Mr. Christian moved to amend
the resolution by appointing Mr. Hill by
acclamation ; which amendment was accept
ed, and Mr. Hill was declared, unanimous
ly. Principal Cleik.
Mr. Hrogden, of Wayne, moved that
Quentin Rusbee, Esq., former Reading
Clerk, be declared unanimously elected to
that office which was agreed to.
Mr. J. H. Jones, of Currituck, nominated
.Tames Page, of Randolph, for Principal
l)iMr-Keeper, which was unanimously con
curred in.
Mr. Cunningham, of Person, moved that
C. C. Talley, of Chatham, be appointed
Assistant Door-Keeper, which was unani
mously agreed to.
On motion of Mr. Royd. a message was
sent to the House of Commons, informing
that body of the organization of the Sennte,
and their readiness to proceed to public
business.
On motion of Mr. Rrogdcn, the- rules of
the Senate of the last session, were adopted
for the government of the present session,
until otherwise ordered.
Mr. Clark, of Edgecombe, moved that a I
Committee of five be appointed to prepare
rules for the government of the Senate, and
report.
The Senate then adjourned till Tuesdav
morning 11 o'clock.
not m; OF COMMONS.
At 12 o'clock the House was called to
order by Mr. G. Howard, Assistant Clerk
to the last Legislature. The Counties be-
ing called alphabetically, one hundred and
two members answered. Several of the
members not having yet received their cer
tificates of election, wens on motion of Mr.
T. Settle, jr., of Rockingham, allowed to be
sworn in their election being verified by
members in possession of certificates.
Tho oaths of office were administered by
C. R. Root, E.j., a Justice of the Peace for
Wnke county.
The members present being sworn in, on
motion of Mr. Settle, the House proceeded
to the election of Speaker.
Mr. Settle nominated J. G. Shepherd. Esq..
of Cumberland.
Mr. D. D. Ferebee. of Camde n, nominat
ed Gen. J. M. Leach, of Davhlsou.
The House voted as follows: For J. G.
Shepherd, 71 ; for J. M. Leach. 2P. Mr.
Shepherd voted for Mr. Settle: Mr. Leach
voted for Mr. Stubbs.
The Clerk annonnced Mr. Sliepherd as
elected; and he was condHcted to the Chair
by Messrs. Settle and Ferebee; whence be
returned his acknowledgments for the honor
conferred, as follows:
Gentlemen of the House of Commons:
I accept with grateful sensibility the high
and honorable position which has been be
stowed upon me by your votes. Places of
dignity like this, seats of authority bring
with them responsibility as well as honor.
Whether this responsibility belong to me
as your presiding officer, or whether I shall
share it with you as members of this House,
I owe, and you owo to the people of North
Carolina a duty which I trust we are ready
with honest hearts and upright purposes, to
undertake and dischange. It is not to this
Chair that the public eye will turn as the
sole place of power and energy in our midst.
The sphere of your Speaker is circumscrib
ed his duties are plainly marked yours
is the broad and ample field of legislation.
Yours are the counsels, yours the develop
ments, yours the consummations that will
pass into history. The duties of the Chair
are undertaken not without an appreciation
of the labor and the care that are incident
and peculiar to it; yet in the hope that your
kindness and co-operation may not be want
ing either to suggest or to aid. Would you
have your rules enforced : would you have
order and decorum preserved ; would you
uphold your dignity: would you make your
deliberations b neficient in result and your
acts powerful for good, "to yourselves be
true." Though your Speaker may be clad
with authority; though he may approve
himself to be impartial, firm and watchful ;
though he may exhibit a commendable en
ergy in arranging and prosecuting the pub
lic business, yet lie must feel that he governs
with little effect if he fail to have your con
currence. The meeting of the General As
sembly, bringing together as it does, some
who are familiar, many who are strangers
to each other, yet readily mingling in broth
erhood, in sympathy, and in the discharge
of duty, kei ps before our eyes the common
interest of us all, and should heighten and
enliven the affections which arc due to our
common mother. We are members here of
sister Counties, not the delegates of rival
families, not the champions or adherents of
mere sections or of factions. While the
first and highest duty of each should be to
his own constituency, exclusiveness and
isolation should be utterly discarded.
The scene before us now is full of sug
gestion. The past with its incidents, its
vicis.-itudes, its good and evil fortune is gone,
yet it lives in its remembrances and its ex
perience. The future lies be3'ond, and faith
and hope are the spirits that bring us
tidings from the unseen land. The present
is ours. We live in the midst of it ; yet this
will have but little value if bounded by the
circle of itself. We have aims, aspirations,
desires that go upward and onward. The
prospective is part of our thoughts, of our
intellectual being: the present is a period
a mere point from which we view the broad
expanse of mind's domain. Shall we sup
press and stifle this spirit in ourselves, striv
ing against our nature and constitution?
Shall we say as wo look around that all of
North Carolina is her past! Shall her ca
reer be checked, her glory dimmed ere the
hour of her noonday is come? Shall men
grow pale and startled if you speak of pro-
gress .' Shall legislators shrink from their
eon victions, because insidious demagogues
may flatter and mislead? Are we content
to fold our arms and say that all is done
which can be done ? Examine the depart
ments of your government and answer is no
reform demanded ? Is your system of
Courts such as yon would have it be?
Though justice be weighed in golden scales,
(when it is weighed) is not the law's deliy
a burden more oppressive than any other
burden an ill of life indeed ? Is the com
pensation of our Judges the charm of their
office ? Is their number equal to the public
wants ? Shall these things be because they
have been ? Much has been done, much
may yet be done. Let us then apply our
selves to the duties before us; let us so di
rect our legislation that the good of the
people and the honor of the State be pro
moted; let us bind still closer all our sisters
in their interests, their pride and their af
fections. Mr. Humphrey, of Onslow, nominated
Edward Cant well, of Wake, as Principal
Clerk of the House of Commons.
Mr. H. R. Elliott, of Randolph, nominat
ed Mr. Ragly, of Pasquotank.
The vote was: For Cantwcll 73; for Rag
ly 29.
Dr. W. J. Rlow, of Pitt, nominated G.
Howard, of Wilson, for Assistant Clerk.
Mr. J. W .Crump nominated Mr. W. H.
Harrison, of Wake.
For Howard 73, for Harrison 21).
Mr. Jenkins, of Warren, nominated W.
Webster, of Chatham, as Principal Door
Keeper. Mr. Scott, of Guilford, nominated J. H.
Hill, of Randolph.
For Webster 79, for Hill 21 .
Mr. Cansler, of Lincoln, nominated AY.
W. Wright, of Cleaveland, as Assistant
Door-Keeper.
Mr. Leach, of Davidson, nominated W.
R. Lovill, of Surry.
For Wright 64, for Lovill 33.
Mr. J. F. Hill, of Stokes, moved that a
message be sent to tho Senate, announcing
that the House was duly organized and
ready to proceed with the despatch of pub
lic business.
On motion of Mr. W. Hill, of Halifax, a
committee was appointed to prepare rules
for the government of the House.
On motion of Mr. Hill, of Stokes, the rules
of the Inst House of Commons were declar
ed iu force until otljers were adopted.
On motion of Mr. Rullock, of Granville,
the House adjourned to Tuesday morning,
1 1 o'clock.
Destkictive Flood in India. Lous of
over Four Thousand Lives. The Calcutta
correspondent of the London Times, under
date of Oct. 4. gives the following account
of a disastrous freshet in that country :
The rains this year have been universally
severe. Tho downpour in Afghanistan
wa unprecedented, and in August its effects
began to be visible. The torrent of water
at this season rolls down the water system
of the Indus gradually increased, then
overtopicd the banks, and then burst on
the plains with a force which swept whole
towns from the face of the earth. The
cantonment of Naoshera, only half built,
was carried away. The great cantonment
of Dehra-Ghaee Khan was totally ruined,
the sunburnt bricks of the building melting
in tho flood. The bund, or dyke, which
defends Leia, burst, and Leia has dis
appeared. The loss of life lias not been in
pn-vportion, 4.000 or 5,000 villages not
counting for much in India, but the
destruction of property is incalculable
AWFUL CALAMITY AT SEA.
One hundred and thirty lives supposed
to be lost.
Another terrible calamity at sea, not un
like that of the ill-fated steamship Arctic,
took place on the 2d inst. The steamer
Le Lyounais, Capt. De Vaix, sailed from
New York on the 1st inst., with thirty-nine
cabin passengers, a number of steerage
passengers, and a crew numbering alto
gether about 154 souls. She also had on
board $20,000 in specio. The New York
Herald of Saturday has the following ac
count of her less :
On the night of Sunday the 2d inst., while
in a dense fog, the ship was run into by
an unknown vessel, and her stern cut clean
off. Nothing more was seen of the un
known vessel, and it is probable that she
went down immediately.
Not so with Le Lyonnais, she remained
with her after part full of water and her
bow high out of the water. All hands staid
bv the wrck until the next day, when it
was abandoned. The ship was provided
with six boats, only one of which was a
life boat. That boat only has been heard
from.
jOn the morning of Monday, after it was
resolved to abandon the wreck, a raft was
constructed, and about forty persons, in
cluding passengers, (probably the steerage
passengers) took refuge upon it. It is the
opinion of the second officer that this raft
could not have lived through the rough
weather that succeeded this day that it
must have been broken to pieces, and that
all the persons on board were lost. There
is room for hope that some friendly sail
might have rescued them.
In another boat was the commander with
some of the passengers. The boat was well
provided with provisions, compasses, &c.
It was the intention of the captain to pull
for Montauk Point. This boat has not been
heard from.
Another boat contained the second mate,
Laynirc, and the second engineer, Desfour,
several of tho crew and passengers. This
is the only boat heard from so far.
The list, then, is, saved sixteen ; missing
and probably lost, one hundred and thirty.
We have no account of the other five
boats, and the raft, save that which is given
above.
STATEMENT OF MU I.AGUAIRE SECOND
MATE OF THE LYONNAIS.
We left Now York Saturday, Nov. 1, at
12 o'clock. All went on pleasantly until
11 o'clock on Tuesday night, Nov. 4, 58
miles to be northward of light on Nan
tucket Shoals, when, just immediately after
the passengers and many of the crew had
retired, leaving the watch on deck, a three
masted vessel was observed bearing down
upon us.
We did all in our power to avoid a col
lision with her, by riuging our bells and
blowing our steam whistle to warn her of
our vicinity ; but before we could head off
she struck us amidships, tearing out an
entire square of the plate iron The water
rushed in with great force ; and although
every effort was made to stop the hole by
plugging it with matrasses, quilts, pillows,
Arc., it was discovered that tho water was
gaining upon us very rapidly.
Half an hour had hardly elapsed ere the
fires in the furnaces were quenched. The
steam pumps having previously become
choked with coal, were of little service in
treeing the ship. All on board wore seized
with panic, and it was with difficulty that
the captain could calm the fears of the pas
sengers, and induce the crew to bail the
ship. He finally succeeded in mustering
the crew together, and with the aid of the
passengers, who formed in bailing parties,
rigged a cable in the hold, and by this means
was able to reach the water.
The passengers and crew worked hero
ically, until worn out, and finding the wa
ter gaining on them rapidly, at an early
hour the following morning (Monday) they
commenced constructing a raft, and by 4
o'clock, P. M. it was finished.
At this time the vessel was sinking rapid
ly, and at 5 o'clock, five boats, (tho ship's
compliment) were launched and quickly
filled with passengers. The Captain gave
direction to those in the boats to steer north
ward. The boats, however, were unpro
vided with compasses, and badly provision
ed ; the water in the ship having spoiled
the bread and other provisions could not be
obtained from the storeroom on account of
the storm. Hardly had two of the boats
left the steamship than they went down, and
those who were on board endeavored to
reach the raft, which was crowded with
about fifty persons. Many, in their efforts
to preserve their lives in this death struggle,
sank to rise no more. Of tho forty-five or
fifty persons in these boats, at least two
thirds were drowned.
I had proceeded some little distance to
wards these unfortunate sufferers, and with
my boat tried to reach them, but not having
any oars or even any thing that would serve
as a paddle, I was obliged to leave them to
fate. Night coming, I lost sight of the
other two boats and the raft. Ry the dim
light the night afforded, I saw the steamship
some distance off, but gradually lost sight
of her. I left the captain on board the ves
sel, and as to his fate, I have no knowledge.
A few of the crew remained by him.
I forgot to mention that the vessel that
came in collision with us, although appar
ently uninjured, made no effort to render us
assistance or even to ascertain what injury
we sustained, but steered away. Little do
I know however, but she, too, has sunk into
the depths of the mighty deep, and all on
board perished.
On Tuesday morning, the weather began
to show unfavorable signs, and at mid-day
it commenced snowing, hailing and rainiDg
violently. Judge of our pitiable condition
in an open boat, leaking at the rate of eight
barrels per hour, keeping us constantly bail
ing. We suffered severely the storm in
creasing in violence, and next day dawned
upon us no better off than the day before.
Our scanty supply of eatables, which con
sisted only, of preserves, were diminished.
We had no water, and it was pitiable to
hear the cries of my poor companions ; they
were such as would make the stoutest heart
quail.
The next day our sufferings were aug
mented by tho renewal of the storm, which
pelted upon as pitilessly. That day will
be long remembered by those in the boat.
To imagine the agony of an old gentleman
of sixty years struggling with death in its
most harrowing aspect, will fail to realize
the scene. He died before nightfall.
Many began to think that they would soon
follow him to eternity. During the night a
seaman and myself found it difficult to
keep our companions alive. By dint of
much exertion, however, we succeeded.
Several, however, including myself, were
severely frostbitten.
We were now entirely out of provisions,
starvation staring us in the faces. Want
of water compelled us to drink sea water,
but this of course only increased our thirst.
We now made up our minds that we were
indeed lost. It is impossible to describe
our frightful condition ; no water, food,
clothes frozen to our backs, feet wet and
frozen, and strength exhausted with bail
ing the boat.
Saturday morning we discovered a sail ;
oh ! how glad were our hearts at this sight ;
but many of my companions were too help
less to see even this comiug succor. On
making signal to her by the raising of hands
and a handkerchief, she bore down for us.
She proved to be the bark Elise, Captain
Nordenbolott, from Baltimore for Bremen,
who took us on board, and in the kindest
manner did all in his power to alleviate
our sufferings and make us as comfortable
as he could under the circumstances. We
continued to suffer severely from the effects
of our privations and exposure. Captain
Nordenbolott found it inconvenient to ac
commodate so large a number, and wished
to transfer us to some vessel bound for the
United States. He signalized an Ameri
can ship, supposed to be bound to some
easterr. port, but he paid no attention to the
signal On Monday morning last, having
then Leen two days on board the bark, we
spoke the Hamburg bark Elise, Captain
Neilson, bound from Hamburg for New
York, who sent a boat alongside.
Upon hearing of our misfortunes, and as
certaining our wish to proceed to New
York, he kindly offered us a passage in his
vessel. All but two of us went on board
his aospitable ship, where we experienced
ths utmost kindness at his hands, and those
of the passengers and crew. Mr Scheler
and lady decided to proceed to Bremen in
tbe bark, and thence to their destination.
Mr Deminego, a passenger, an Italian, is
so much frostbitten that his life is des
paired of.
Flora Solomon and M'lle Ernestine Bel
lett wer3 severely injured by the cold, but
are recovered.
The crew are progressing as woll as can
be expected.
Of the fate of those on the raft and in the
two boats together with that of the captain
and the few of the crew remaining on the
ship, I know nothing ; but I surmised that
the boats were picked up by some passing
vessel. I do not think the raft could have
floated in the heavy sea that rolled the first
night, and I am afraid that all on board
went down with her.
Among the passengers who are presumed
to be lost by this terrible catastrophe, we
notice the name of Mr Albert Sumner and
his family. Mr Sumner was an elder broth
er of the Hon. Charles Sumner.
. e-ne
FRIGHTFUL ACCIDENT ON THE
SOUTH CAROLINA RAILROAD.
As the down train from Columbia was
coming on to this city, and had passed
Bran c h vi lie about nine miles, one of the rails
gave way, and three of the passenger cars,
filled with passengers, were thrown off, and
serious, perhaps ffital injuries were sustain
ed by two, at least, of the passengers.
The train, consisting of the engine, bag
gage car and four passenger cars, was pass
ing on at full speed when the rail broke un
der the engine, and the three first passenger
cars were thrown off and shattered into
fragments ; but strange to say, the two last
cars passed the break and were stopped on
the track beyond the scene of the disaster.
Our informant, who was in one of the cars
not ihrown off, says the scene was most
frightful. The cars were thrown upon their
sides, the bottoms were broken out, through
which the passengers were seen struggling;
;he ends were stove in, and it seemed im
possible that any could have escaped unin
jured. The promptest possible assistance was
rendered by those not involved in the dis
aster, and the injuries were found to have
been less than could possibly have been
contemplated.
Mr. Oliver Eyan, one of the conductors,
son of Thomas Ryan, of this city, was stand
ing on the platform, and when the crash
I came, jumped off, but falling, the car fell
on him, and he lay in that condition until
the car could be forced off ; during tbe time
his suffering was intense, and the blood
forced from his mouth and oiose. He was
brought ia to the city, however, and it is
hoped he may recover. Mrs. Means, frcm
Fairfield, was cut in the face, and the iron
railing to the steps of the car, the point of
which was stove in, passed through her
dress; but she came to the city, and it is
thought her injuries are not serious. Mr.
Meriot, the conductor, was cut on the head
and hands, and bruised badly, but continu
ed, notwithstanding his own sufferings, to
make every assistance in his power to oth
ers. A negro woman was crushed badly,
and was left at Summerville. About a dozen
others were hurt, but not dangerously ; and,
as the cars were badly shattered, nearly all
suffered some inconvenience from the dis
aster. Our informant says that so frightful was
the appearance presented, that he can
scarcely realize the fact of an escape with
out more fearful injuries. Rev. Dr. Bach
mau was one of the passengers, and when
the passengers wore all relieved and assem
bled, he offered up a prayer for so providen
tial a deliverance.
The train was delayed for a considerable
time, and arrived in Charleston about eight
o'clock last evening. The accident occur
red about twelve o'clock in the day. The
track was an old one, but as the upper sur
face of the rail was not broken, it could not
have been seen if attention had been spe
cially directed to it.
Among tho painful scenes exhibited was i
that of a lady, who having her child in her
arms when the crash came, threw it out of
-i : 1. f. r i, , .
uie wmi..w. reit among some Drusbes,
and when sought for was found uninjured.
Lfla"fi orarrr.
THE MODEL ENGLISH HUSBAND.
On a week day he walks out with his
wife, and is not afraid of a milliner's shop.
He even has "change" when asked for it,
and never alludes to it afterwards. He is
not above carrying a large I rown paper
parcel, or a cotton umbrella, or the clogs, or
even holding the baby in his lap in an
omnibus. He runs on first to knock at the
door when it is raining. He goes outside
if the cab is full. He goes to bed first in
cold weather. He will get up in the middle
of the night to rock the cradle or answer
the door bell. He allows the mother-in-law
to stop in the house. He takes wine with
her, and lets her breakfast in her own room.
He eats cold meat without a murmur, or
pickles, and is indifferent about pies and
puddings. The cheese is never too strong,
or the beer too small, or the tea too weak
for him.
He believes in hysterics, and is melted
instantly with a tear. He patches up a
quarrel with a velvet gown, and drives away
the sulks with a trip to Ep6om or a gig in
the park on a Sunday. He goes to church
regularly, and takes his wife to the opera
once a year. He pays her losses at cards,
and gives her all his winnings. He never
flies out about his buttons, or brings home
friends to supper. His clothes never smell
of tobacco. Ho respects the curtains, and
never smokes in the house. He carves, but
never secretes for himself "the brown." He
laces his wife's stays even in the month of
December, and never asks for a fire in the
bed room on the most wintry nights. He
respects the fiction of his wife's age, and
would as soon burn his finger as touch the
bright poker. He never invades the kitchen,
and would no more think of blowing up
any of the servants than of ordering the
dinner, or having the tray brought up
after 11. He is innocent of a latch
key.
He lets the family go out of town once
every year, while he remains at home with
one knife and fork, sits on a brown holland
chair, sleeps on a curtainless bed, and has a
char-woman to wait on him. He goes
down on the Saturday, and come up on the
Monday, taking Avith him the clean linen
and brinarincr back the dirty clothes. He
checks the washing bills. He pays the
housekeeping money without a suspicion,
and shuts his eyes to the "Sundries." He is
very easy and affectionate, keeping the
wedding anniversary punctually; never
complaining if the dinner is not ready;
making the breakfast himself if no one is
down; letting bis wife waltz and drink
porter before company. He runs all her
errands, pays all her bills, and cries like a
child at her death.
SIGHT BILLS AND TIME CHECKS.
One of the mooted points of commercial
law is, whether bank checks, drawn payable
at a future day, or commercial bills at sight,
are entitled to grace. The decisions of the
Courts have been varied, and the practice
of bankers is not uniform, though the denial
of grace days is becoming more general.
A recent case in Ohio, of Martain vs. Baily,
brought the following ruling on the snbject
from Judge Bartley, of tbe District Court :
I. That a draft of money, payable at a
day subsequent to its date, although other
wise in the ordinary form of a check, is a
bill of exchange, and subject to the usages
and rules that govern bills of exchange,
and as such, is entitled to days of
grace.
II . The distinction between a bill and a
check does not depend upon whether drawn
payable to order or bearer, or whether
drawn upon bank or a banker or not; but
it is founded in the difference in nature or
character of these two classes of com
mercial paper.
III. A check and a bill of exchange,
though in many respects similar, are to be
distinguished in the following particulars,
to wit :
1st. A check is drawn upon an existing
fund, and is an absolute transfer or ap
propriation to the holder of so much money,
in the hands of the drawee, but very
frequently drawn in anticipation of funds,
upon previously arranged credit.
2d. The drawer of a check is always
the principal, whereas the drawer of a bill
frequently stands in the position of a mere
surety.
3d. Although demand of payment and
notice of non-payment in due time may be
essential to hold the endorser of a check,
yet a failure in this respect does not dis
charge the drawer, unless an actual loss to
him can be shown to have arisen from such
delinquency on the part of the holder.
4th. A check requires no acceptance, and
when presented, is presented for payment.
5th. It is not protestible, or, in other
words, protest is not requisite to hold the
maker or an endorser.
4th. From these distinguishing charac.
teristics, arising out of the nature of these
two classes of interest, it follows that a
check is payable on presentation and
demand, and cannot be made payable on a
specified day in future, and consequently
not entitled to days of grace.
5th. Any supposed usage of banks for
any particular place to regard drafts upon
them payable at a certain day, as checks,
and not entitled to days of grace, is
inadmissible as evidence to control the rules
of law in relation to such paper.
Gardiner, Me., June 22, 1854.
. W"H' D.T.f Vemt Sir: 1 h,vt used two bot
tles of Prof. Wood's Hair Restorative, and can tru
ly say it is the greatest discovery of the age for
restoring and changing the Hair. Before using it
I was as gray as a man of seventy. My hair has
now attained its original color. You can recom
mend it to the world without the lai fear -
" WM OD ol tn J kind.
A Boy tokarn the Printing business at this
Office. He must be of good character, aad be
able to read ana write. Avoir early
EXEMPTION OF NEGROES FROM
SALE.
The N. 0. Delta says that the South has
been so much occupied with the extrane
ous agitation of the question of slavery, that
her statesmen have almost entirely neglect
ed those measures which were calculated
to fortify, extend and perpetuate it as one
of her vital institutions. Too much has
been done in Congress, and too little in the
State legislatures, with reference to slavery.
It is time now that Southern legislators
should give wise consideration to stabilitat
ing an institution which is indispensable
both to her social and political existences
in which either she must live or have no
life.
The exemption of negroes from sale for
debt under execution, with certain qualifi
cations and conditions, is a policy as wise
in every point of view as it is humane and
consistent with the natural relation of mas
ter and servant. Tkis measure, which pro
proses to create a species of homestead in
slave property, has heen before suggested,
from time to time, ii various States, but in
no instance has there been any specific
legislation upon it. We learn, however,
that the proposition will be introduced at
the next session of the Mississippi Legisla
ture, and will be ally supported.
This exemption of negroes from sale for
debt would give a security and permanency
to slave property, which would make it tho
most desirable of all others as a family
estate. If adopted throughout the South,
it would withdraw from the banking basis
of the North nearly fifteen hundred millions
of dollars, keep the interest on that amount
at home, and counteract, to that extent,
the concentration of capital at New York
and Liverpool, which has been based so
largely upon the security afforded by South
ern slaves without compensation in return.
It would also make the ownership of a few
slaves more desirable than at present, and
thus check the tendency to the accu
mulation of a very large number of slaves
in the hands of a very small number of slave
owners, the effect of which is to weaken the
institution of slavery by reducing the num
ber and political influence of those who are
directly interested in it as proprietors. It
would make it to every man's advantage to
own a slave, and strengthen actually and
politically the institution, as every owner
would vote, and, if necessary, fight for his
property.
Not only would such a measure diffuse
and thus strengthen slavery numerically,
but would powerfully conduce to its terri
torial diffusion and extension. The emi
grating class is not the wealthy. The rich
and well-to-do seldom emigrate to new
countries at least. Therefore, the more
slavery is diffused amongst men of compar
atively small capital, who can afford to own
but a few slaves, the greater will be the
number of slaveholding emigrants into new
territory.
ENTIRELY
NEW STOCK OF
NEW GOODS,
AND GREAT BARGAINS,
At the Old Stand of B. Koopmann & Co., on
Mint Street.
KOOmPHELPS
Have just received a large and splendid stock
of
STAPLE AND FANCY
Which they offer for sale at surprising low
pi ices.
Their stock consists of a lar;e assortment of
LADIES
DRESS GOODS,
Cloaks, Bonnets, Trimmings, &c.
ALSO,
Cloths, Cassimeres, Jeans, and Domestics,
HATS AND CAPS,
Boots and Shoes,
Together with a great variety of
Ready-Made Clothing,
Which they will sell at lower prices than any
other establishment in the State.
An extensive stock of all kinds of
rrv R n n n
' 9
which they will sell at eost, with freight added.
We intend to sell our Goods at such prices as
will induce purchasers to trade with us. Give
us a call and we know we can suit you in qual
ity and price.
iSr' Highest market prices paid for Produce
of all kinds.
KOOPMANN & PHELPS.
Charlotte, Nov. 10, 156. 19-tf
JSTJbS W
Tailoring: Kstablihnient .
The undersigned has
purchased the entire in
terest of D. L. Boa in his
Tailoring Establishment
on Mint Street, two doors
west of Huggins & Har
ty's Dry Coods Store, at
which place he hopes to
see his friends, and the
citizens generally of the
town and country; he will
be happy to wait on them,
take their measures and
give them fits of the latest style and fashion.
All work warranted.
Call one and all and encourage home industry.
Mr Rea will remain as Cutter for the concern
JAMES F. ALEXANDER-
N. B. D. L. Rea requests all persons indebt
ed to him for the years 853-'54-'5r-and '56,
either by Note or Account, to caU and settle bv
casn or noie cssn is preferable as monev is very
much needed. I). L RE 4
Oct. 21, 1856. 16-tf
$50 Reward.
RAN AWAY from the subscriber, on the 3d
instant, my boy NED; said boy wag pur
chased from the estate of James L. Davidson,
deceased, of Providence, Mecklenburg county,
and is extensively known in that vicinity; he
is about 35 or 40 years of age, 9 feet, 1 0 or 1 1
inches in height, has had an arm broken, and
disfigured slightly, do not remember which,
he is intelligent, and black. The above re
ward will be paid for bis delivery to me, or
$35 for his lodgment in jail, sol can get him
within fifteen days from date o( this, or $25 for
his delivery or lodgment, so that 1 can get him
in any length of time, and $2 extra f.,r every
shut put into him will be paid with pleasure.
Any information concerning said boy will
be thankfully received, and liberally reward
ed ROBT. S. HUNTLY,
Walkersville, Union Co., N C.
N. B There are reasons to believe that he
has been enticed away by a white man.
Sept. 30, 1856 tf
SURGEON DENTIST,
(Graduate of the Baltimore Collet nf
Dental Surgery,) g J
Having located permanently, tender his
fessional services to the citizens of
Charlotte, N. C, aad
vicinity.
Dr. Wayt prepares and insert artificial palat.
and obturators, and attends to the correction ' f
congenital and accidental deformities of th
teeth and jaws. He is also prepared to insert
artificial teeth, after the most approved method
building, up stairs.
xijou oireei, m arson :
n.-w
Nov. letii.
20 tf.
NOTICE.
IMPORTANT SAJLE.
On the 2d day of December next, at tke hit
residence of "William Potts, deceased, in the
county of Union, tho following valuable prop?!
ty will be sold, viz : i
14 Likely Negroes,
among which there is a good Cook, also a kooJ
Body Servant and other valuable slave, men
women and children.
2 Valuable Tracts of Land
viz: the Dunn Plantation, lyine on su.
Creek, adjoining the lands of James A. Duun
W. P. Kobinson and others, containing Tw
Hundred Acres. Also, another Tract, known as
the McCulloch tract, containing about Two
llundreu Acres, lying on lar Kiln Branch, ad
joining David Howie and others.
Also, about 1,400 bushels of Corn; a qnautitr
of Fodder, Hay, Oats, kc. Five first rt
Mules; a good stock of Hogs; several fine Milch
Cows; 3U,000 good Bricks; a Cottou-Gin trni
Thrasher; one Road Wagon; one Sett Black
smith's Tools; the Household and Kitchen Fur
niture, and other articles too tedious to mention'
At the same time and place will be rented .
Home tract of land, which will be divided to
suit purchasers.
Terms made known on day of sale.
J. M. POTTS, I
R. C. POTTS.
Nov. 11, 1856. 19-3t
E
x rs-
NOTICE.
The undersigned, as the Executor of the last
Will and Ttstamaat of John Blount, dee'd, will
expose to ptiulio sale on the plantation afaaid
Testator, !yui nfr. . n miU s HOttthWiiM of the
town l &ouroe, in the ciniiity iif !nOB, on
Tuesday the 2"tli duy t Nov.-mh. r nest, a
large amount of real and peraotud property, con
sisting of
Four Tracts of Land,
as follows :
The Home Tract, adjoining the laud ofBobxH
Delaney, the (iivens tract and others, containing
about throe hundred and twenty acres, upon
which there is a good (irist Mill.
The Weaver Tract, adjoining the above tract,
William Walkup and others, containing about
one hundred and eighty-five acres.
A third Tract adjoining the Howe tract ana1
others, containing sixty-seven acres.
A fourth Tract, known as the Stewart traci,
adjoining the lands of William Winchester, J.
A. McNtfcly and others, containing about one
hundred and twenty-three acres.
The foregoing lands are well improved, and
are good Cotton aud Grain lands, and are wr
well watered.
ALSO,
Sixteen Valuable Negroes,
Consisting of Men, Women and Children; the
negroes are all young and likely.
About 30,000 L.hn. Cotton, iu the
seed.
About TOO Bushels of Corn.
Horses, Mules, Stock of Cattle, Hogs, Farming
Tools, Plaeksmith's Tools, a first rate
Road Wagon, Fodder, Oats,
Hay, &c, &c.
A credit will be given. Terms made known
on the da" of sale. The sale will continue from
day to day until all the property is sold.
WM. STKWAIiT, Eii'r.
Oct. lr,6- 17-ot
FOR SALE,
o
NE of the best Plantation inM.ckNn.
burg County, N. C, lying nine attka
rsouiti
nl li i i lotte, on the l'ruviiJeiiee road,
containing ubout 400 ACRES About KO
heavily Timbered, and the remainder in a
high stute of cultivation. Every convenience
is offered to any one desiring a pcrin.mriit
home. A good well and spring ol wsUt,
good Dweliing-IIousc, (iin-ll"iise, Colloii
Fress,and a No. 1 Bam, and !J uecvssmrj eel
buildings vith anOverueir's house the pflca
low, and terms easy. Call and lee we on 1 tie
premises. J. M. MILLER, M. 0.
Speptuuiber, 9, 1856. tf.
FALL AND W I IE It
GOODS,
At Fisher, Burroughs 6c Co.
WE are now prepared to exhibit un exten
sive Stock ot FALL and WINTER HOOD.
We invite an exaininration of our
French Merino,
M.iiim 1)( Lainc,
i'l luted CaahoM rer.
Rick biikr,
BoitrfouaiNe.
Euibroidericti,
Alpaccas, uud
Ladies CLOAKS AND TaLMAS.
BOOTS & SHOES. HATS & CAPS,
A fine assortment of the above Goods ex
cellent in quality and moderate in prices nt
FISHER, BURROUGHS &. CO.
SMUT MACHINES.
The subscribers have on hand a runply of
these superior Machines, which they are of
fering at low prices for CASH, and warran
ted to give f a tisla ct inn or no aalc.
Also, a full assortment of genuine Anchor
Brand BOLTING CLOTHS, at
FISHER, BURROUGHS &. CO.
Plaster and Cement.
50 Bbls. Plaster and Cement for sale by
FISHER, BURROUGHS Sc C0
Shelf Hardware. Iron. Steel. AGRICUL
TURAL IMPLEMENTS, &c. Jtc.
faints, Oils, and Varnish, constant' "
hand and for sale low by
flSHJ&K, BURROUGHS a"""-
Mining Ropes.
We have in store two Coils 3 inch Gra
Rope that will be sold at New "Vork cot
cash, freight added.
FISHER, BURROUGHS & CO
Charlotte, October 7, 1856. 3m
JOHN W. CHAMBERS,
FACTOR,
Crenel al ( obi mission Merchant,
AND
Receiving 6t Forwarding Agent
VMMJlRJLKSTOjr, 8. V.
SJTRICT ATTENTION will
155
be given to tbe sale of Cot
ton, Lorn, Wheat, flour, and
other produce consigned to me, (
fVrt amir A Isa Li f Via n-eeiViru
and forwarding of Goods. Willmake liberal ad
vances on Produce shipped to me, to be sold here,
or to be shipped to any of the Northern, SouuVrn.
or Foreign Forts.
Charleston, S. C, Feb. 19, 1856. tf
Cash Paid for Hidee.
THE highest prices will be paid for Hides by
1 8. At. HOWELL.
3 doors Sov-th of the Mansion Hotel
Charlotte, Oct. 30, 1855