General Stssembty
Abstract of such of the proceedings of the Legisla
ture as. we consider interesting to our readers.
SENATE.
Thursday, Dec. G.
The bill to authorise the CountyCourts
'pf certain counties therein named, on pe
tition, to appoint Commissioners to set
off widows' dowers, to lay out, alter, or
straighten roads, &c. was read the third
time, and having been amended whs put
upon its passage and was rejected.
On motion of Mr. Hogan, it was re
solved, that to prevent frauds and cor
ruptions in elections, that the committee
on the judiciary be instructed to inquire
into the expediency of so altering, a
mending or explaining the law touching
and concerning the . holding of elections,
as to define clearly the powers of a she
riff' holding elections, and inspectors ap
pointed to superintend elections; also, to
enquire when, and under what circum
stances, a sheriff has a right to give a
casting vote.
Friday, 7 th.
Mr. Hawkins, from the joint select com
mittee on military affairs, to whom was
referred a resolution enquiring into the
expediency of so amending the militia
laws as to provide some general mode
whereby volunteer companies may be in
corporated, made a report thereon, ex
pressing the opinion that it is inexpedi
ent to legislate on the subject. Agreed to.
On motion of Mr. Simmons, it was re
solved that the committee on the judicia
ry be instructed to inquire into the expe
diency of providing by law some limited
time within which purchasers of proper
ty sold under execution shall obtain title.
Mr. Martin moved that the committee
of the whole house, to which was refer
red the resolutions disapproving the doc
trine of Nullification, and the policy of a
Southern Convention, and the resolutions
on the subjects of Nullification and the
Tariff; and which were made the order
of the day for this day, be discharged
from the further consideration of said
resolutions. Mr. Wilson moved that the
further consideration of the order of the
day upon the said resolutions be postpo
ned until Friday next. Mr. Allen mov
cd that the further consideration of the
order of the day upon the said resolu
tions be postponed until the 15th of Jan
uary next; which motion having prece
dence, Mr. Wilson moved that the said
motion be laid on the table; which was
agreed to ayes 34, noes 27. The ques
tion then recurring on the motion of Mr.
Wilson to postpone the further consider
ation of the order of the day on the said
resolutions until Friday next, it was de
termined in the affirmative.
The bill to vest the right of electing
the clerks of the County and Supe,riir
Courts, in the several counties within ihis
Stite, in the free white men thereof, was
read the second and third times, and or
dered to be enrolled ayes 43, noes 17.
(Mr. Wilson in the negative. The bill
contains no provision in favor of those
clerks now in office.)
Saturday, uth.
Mr. Seawell presented a hill In nrnnrin
the 2d section of an act passed at the last
session for the better regulation of the
conduct of negroes, slaves and free ne
groes. Passed its first reading
Mr. Seawell, from the committee on
the judiciary, reported a bill more effec
tually to prevent litigation and to avoid
suits at law. Read the first timi
Mr. Wellborn, from the select commit
tee to whom was referred the bill to re
peal the act missed in 1R30.
Quakers, &c. t0 hear arms, reported the
same with an amendment, bavin for its
object the exemption of nil Christians
wno nave scruples on the subim of hnnr
ing arms. This amendment was agreed
to, ami the lull passed its second read
ing 32 to 28. (Mr. Wilson in the nc
alive.) to
The Speaker laid before the Senate, a
communication irom ttie lion. Jos. J
Daniel, President of the Electoral Col
lege, setting forth the reasons wlnoh
duced that body to decline the use of the
rvl tlaU' so P0,,teIv tendered to them
I 1 he reason nssinrnprl 1 ttmt ti.,.
requires the Electoral College to sit
in the city of Raleigh, and as the Gov
ernment House is without the corporute
limits of the city, the College did not
think themselves authorized to sit there.
Monday, 10th.
The bill to repeal the act of 1330, com
pelling Quakers, &c. to bear arms, was
read the third time. Mr. Wilson moved
an amendment which prevailed, making
it the duty of militia captains to enrol
Quakers, Moravians, &c. but exempting
them from duty except in cases of inva
sion. The- bill, as amended, then pass
ed its third reading, and was ordered to
be engrossed 34 to 27. (Mr. Wilson in
the affirmative.)
On motion of Mr. Martin, the Senate
resolved itself into a committee of the
whole House, Mr. Wilson in the Chair,
on the bill to establish the Bank of North
Carolina; and after some time spent
therein, the Speaker resumed the Chair,
and Mr. Wilson reported the bill with
sundry amendments, and recommended
its passage into a law. Further amend
ments were made by the Senate, and on
motion of Mr. Wilson, the further consi
deration of the bill was postponed until
Wednesday, and with the amendments
ordered to be printed.
Tuesday, 11 th.
Mr. Wilson, from the committee of
finance, whose duty it is made by law to
examine the Report of the Public Trea
surer, the Statement of the Comptroller,
and in general, into the state and condi
tion of the finances of the State, made a
detailed and satisfactory Report thereon,
which was sent to the House with a pro
position to print.
Mr. Wilson submitted a resolution au
thorizing the Public Treasurer to adjust
certain conflicting claims between the
State and the Banks of Newbem and
and Cape Fear, growing out of ihe tax
of one per cent, paid by those institu
tions to the State, on the stock held by
the President arid Directors of the Lite
rary Fund. A full statement of the me
rits of this controversy appeared in the
Annual Report of the Public Treasurer,
at the commencement of the session.
J Vrdncsda y, 2th.
The bill to amend the 2d section of
the act of last session, for the better re
gulation of the conduct of negroes, slaves
and free persons of color, was read the
third time, passed, and ordered to be en
grossed.
70 to 51. (Messrs. Little and Potts in
the affirmative.)
31onday,10th.
Mr. O'Brien presented the petition,
&c. of the Portsmouth and Roanoke Kail
Road Company, asking the passage of an
act authorizing the extension of their con
templated Road within the limits of this
State. Referred.
Mr. Shepard presented a bill concern
ing charities. (Provides that where a be
quest is made for charitable purposes,
the persons to whom it is confided fehall
render a full account of the property so
beuueathed to the Clerk of the County
Court. Provides a remedy also, where
such property may be mismanaged.)
Mr. Guthrie, a bill to authorize County
Courts to license slaves and free negroes
to preach, pray, or exhort in public, in
certain cases.
Tuesday, 11th.
On motion of Mr. Park, the committee
of internal improvements were instructed
to inquire into the expediency of amend
ing the road laws, so that no white citi
zen shall be compelled to work more
than eight days in the year on any road;
and ii with this amount oi labor the roads
cannot be kept in repair, then to provide
that such road shall be kept in repair out
of the funds of the State.
The bill to repeal an act passed in 1830,
to prohibit the circulation in this State of
notes of other States, under the denomi
nation of 85, was read the second time
ind indefinitely postponed 70 to 54.
(Messrs. Little und Potts in the affirm-
HOUSE OF COMMONS.
Thursday, Dec. 6.
Mr. McL aurin presented a bill to ex
empt teachers and students of literary
schools from militia duty. Passed its
irst reading.
It being now 12 o'clock, David L.
Swain, the Governor elect for the ensu
ing year, attended by the joint select
committee heretotore appointed, waited
upon the General Assembly, both bran
ches being assembled in the Commons
Hull, and took and subscribed the seve
ral oaths of office, prescribed by law for
his qualification; the oaths having been
administered by the Hon. Joseph J. Dan
lei, one of the Judges of the Superior
Courts.
Friday, lih.
Mr. Bragg presented a bill to amend
ap act passed in 1318, concerning the Su
preme Court. (Provides that tico Judges
may hold the Court and decide causes
where thev may concur in oninion.
Passed its first reading.
Mr. Brower presented a resolution in
strutting the committee on the judiciary
to inquire into the expediency ot so re
gulating sales under execution as to al
low lands to be sold upon a credit by in
stalments; such regulation not to inter
fere with the enforcing of any contract
already made. Rejected.
The bill defining and limiting the pow
er of Courts in inflicting punishment for
contempts, was read the second time and
rejected ayes 48, noes 73.
Saturday, 8lh.
Mr. Thomas presented a resolution,
instructing the judiciary committee to in
quire into the propriety of extending the
laws forbidding gaming, so as to prevent
persons playing at other places as well
as Houses of Entertainment. Rejected.
The "Homestead bill" was read the
second time and indefinitely postponed
alive.)
Wednesday, 12th.
The bill to extend the provisions of an
ict passed in the year 1830, to prohibit
the circulation of notes of other States,
within this State, under $5, was received
from the Senate and read, and indefinite
ly postponed.
1 he engrossed bill to repeal an act
passed in 1830, to prohibit the circulation
of notes of other States, wilhin this State,
under $5, was received from the Senate,
read, and indefinitely postponed.
TUESDAY, DECEMBER IS, 1832.
IMPORTANT DOCUMENT.
Dr. Hall, our Representative in Congress, has
favored us with a copy of die President's Proc
lamation, relative to the Ordinance passed by the
South Carolina Convenlion. We have repeated
ly expressed our regret Et the headlong course
pursued by South Carolina, but in accordance
with the opinions of Mr. Jefferson, as expressed
in the Kentucky Resolutions, that the States in
dividually are the proper judges of infractions of
the Constitution, as well as the mode and mea
sure of redress, we could not deny to her the
right to nullity or secede, as the State in her
sovereign capacity might determine. ISor could
we comprehend the strength of the argument that
admitted the right of a State to secede but not to
nullify, and have expressed a preference for the
latter over the former mode of redress. The
question, however now assumes a different as
pect, and as we conceive, merits the most pro
found consideration, especially of the Southern
Stales. Fortunately, most of the Legislatures
are now in session, and the subject can be imme
diately brought before them. The President, in
the Proclamation before us. contends that the
States have irrevocably parted with a portion of
tneir sovereignty, that in so doing: thevconstitu
ted a nation, that as parts of that nation the
States individually do not possess the riht to
nullify its laws or secede from it, and that any
forcible resistance to the laws of the United
States is treason, and consequently punishable
as such. We have not space at present to insert
uic i rociamation, nor such portions of it as em
brace the reasons assigned for arriving at the
above conclusions, but will shortly do soin ihe
meantime we give the President's concluding
opinions, and the course he declares it his intend
tion to pursue:
"I consider then that the power to an
nul a law of the United States, assumed
by one State, incompatible with the ex
istence of the Union, contradicted ex
pressly by the letter of the Constitution,
unauthorized by its spirit, inconsistent
with every principle on which it wag
founded, and destructive of the great oh.
ject for which it was formed."
" 1 tie constitution at me unitca states,
then, forms a government, not a league;
and whether it be formed by compact be
tween the States, or in nny other manner,
its character is the same. It is a gov
ernment in which all the people nre rep
resented, which operates directly on
people individually, and not upon the
States: they retained all the power tliey
did not grant. But each State having
expressly parted with so many powers as
to constitute jointly with the other States
a single Nation, cannot from that period
possess any right to secede, because such
a secession does not break a league, huf
destroys the uniiy of a nation; and any
injury to that unity is not only a breach
which would result from a contravention
of a compact, but it is an offence against
the whole Union. To say that nny State
may at pleasure secede from the Union,
is to say that the United Stales are not a
nation; because it would be a solecism to
contend that nny part of a nation might
dissolve its connexion with the other
parts, to their injury or ruin, without
committing any offence. Secession, like
any other revolutionary act, may be mor
ally justified by the extremity of oppres-
sion; but to call it a constitutional right
is confounding the meaning of terms:
and can only be done through gross er
ror, or to deceive those who are willing
to assert a right, but would pause before
they made a revolution, or incur the pen
alties consequent on a failure."
"This, then, is the position in which we
stand. A small majority of the citizens
of one State in the Union have elected
delegates to a State Convention: that
Convention has ordained that all the re
venue laws of the United States must bo
repealed, or that they are no longer a
member of the Union. The Governor of
that State has recommended to the Le
gislature the raising of an army to carry
the secession into effect, and that he may
be empowered to give clearances to ves
sels in the name of the State. No act of
violent opposition to the laws has yet
been commuted, but such a state of
things is hourly apprehended, and it is
the intent of this instrument to proclaim
not only that the duty imposed on me by
the Constitution "to take care that the
laws be faithfully executed," shall be per
formed to the extent of the powers alrea
dy vested in me by law, or of such others
as the wisdom of Congress shall devise
and entrust to me for that purpose; but to
warn the citizens of South Carolina, who
have been deluded into an opposition to
the laws, of the danger they will incur by
obedience to the illegal and disorganiz
ing Ordinance of the Convention, to
exhort those who have refused to support
it to persevere in their determination to
uphold the Constitution and laws of their
country, and to point out to all the peril
ous situation into which the good people
of that State have been led, and that
the course they ore urged to pursue is
one of ruin and disgrace to the very State
whose rights they affect to support.
"Fellow citizens of my native State!
let me not only admonish you, as the first
Magistrate of our common country, not
to incur the penalty of its laws, but use
the influence that a Father would over
his children whom he saw rushing to cer
tain ruin. In that paternal language,
with that paternal feeling, let me tell you,
ray countrymen, that you are deluded by
men who are either deceived themselves,
or wish to deceive you."
"The laws of the United States must
be executed. I have no discretionary
power on the subject my duty is empha
tically pronounced in the Constitution.
Those who told you that you might peace
ably prevent their execution, deceived
you they could not have been deceived
themselves. They know that a forcible
opposition could alone prevent the exe
cution of the laws, and they know that
such opposition must be repelled. Their
object is disunion; but be not deceived by
names; disunion, by armed force, is
treason. Are you really ready to incur
its guilt? If you ore, on the heads of ihe
instigators of "the act be the drenrlful cou-
Isequcncea on their heads be the dishon-