Newspapers / The Cape-Fear Recorder (Wilmington, … / Nov. 28, 1818, edition 1 / Page 1
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- 1 ; 'V I ! 4 r : - - i . 4 . 1 ; .' ..! . .i - ' i 1 1 In ptvportlon as the .struettsre of gover tkst pdiic opiman shas tTdthtaxd9' AVxsniKQTOif. .f - 1 Vol. in. No. 30. EVENING, NQVEMBEIt'CS, 1818. i 1 . .5 I II II 'm III " ... . ' , ' -v : : ;." . . . .. .... I - . ."..fC I a: : wriimK. cf) yRIKTED, WEEKLY BY WItUAM HOLLINSHEAD, ; r TEL0MA8 LOSING. f -i . T7?f5. Three "dollars per year; payable in ad vance. !:."'':''' r. - : " No snbacrintlon talcen for less than one year. Subscribers will i be; continued pn jLhe list;' and be. considered responsible for payment to an indefinite -period, unless a wish Bhould be aignifie'd to withdraw their names. ! ' '' ' ' ' ' Advertisement, not exceeding fourteen lines, for the first insertion one doUarnd tvrenty-five 'cents for.each continuance. "These OFer foiirteen lines, inserted a the same rate : " " . ' '.' : Letters to the Editoij must te jpost paid.' -I : k rth Qard lin qegiij(iire . SENATE. 4 A'iI0Nl)JLt, WvEMBER l6. A quorum was farmed. Bartlett Yakcey, 4iBq. -was appomteu opeaKer: uencrai wmiams, clerk, and Ji. Covittzton, Esq. assistant. Messrs. ' . : l- - Hartsfield and Murp HOUSE ijjf 'door keepers. indicate pot only a toEil inattention and disregard 11 Hess of a deficiency la nitivc itrcnUi and cnergr,; iatbe-Ijigheiglte-;,-,-' siderationv .; V. , k . -, . v v v ;-( For wise purposes, no doubt,, the framere of dOr ' Tbis certainly ; isf he Unie when the national constitution nave gran ted ito yon the power of regu- arm is aboat to be extended thai we should put our taxing irompme to ume, as occasion mignxsuirejiijuuiucrs io me wneei ; liaving minerto receivea this co-ordinate department f puvernmSt y for II but little aid from that quarter, we have a riht to seeing, from the various changes that, inI j&c a-nexpett much. rhe opening a edmmunication bilityj would necessarily tale "place in spety, between the' Albermale sound and the Atlantic currespuuuiu uiuuiumuuus , ui juus ; uepuvuiui.ii wvwh, praciitaoie is id my opinion, iraugnt wiui would be ihdispensible. more important consequences to the state of . North The tenure bV which the Judses hold their oSces ,J Carolina, and ii moiTB intimately connected wiih its beins during eoc behaviour, it remains only for the! future prosperity anl growth, than any measure of regismiure, in ine arrangemeni oi mecouriyi.ciu,iia anuuar uaiure mat nas oecn orougnr to luc view to prescribe their duties. : limited and . restrained 3 11 of the Legislator for veii DasL , . : by. the' constitution j j Our criminal law is doubtless susceptible of amei I WherehoweVer, power .iai bestbwedthere ia at lioratfoor ami improvement j but whether it is prac- Lurrespouueiu accuuHiaDiiuy; wuerciure, aiuiuuu n sw tu uiuuiiy -anu amenu its oojecupnanie helejrislature can, consistently with their delegated 1 features, as to reconcile it with the policy and well II powers, alter the court system and increase the du- known humanity of our institutions; .without re- L ties of the then or present incumbents, I think J j sorting at this time to the erection of frj?titeiitiary, shalLoot hazard contradiction, wnea l assert thai a cannot underrate to decide, and wi r therefore they are morally bound in the same ratio in which beg leave respectfully to submit the subject to your ineir uuues are increaseu, 10 increase uieir cuiupeu- ti iici juugiucm. , . - ' sation also; this it appears to me, Is a self evident II ; I bave,l must confess, howeverr been tavorably OF COMMONS. A auorura.was formed. Gen. James Iredell Te-appoiuted Speaker V Major Pleasant Henderson clerk, and Colonel William B. Lockhnrt, '.assistant. Messrs. Pounds and Lumsden, door keepers.; j TUESDAY, NOVEMBER 17. ' . . In the two houses a joint committed was ap pointed to wait on bis excellency, the Governor, proposition, and am fully persuaded that the liberal and dispassionate mind will unhesitatingly admit its ' . , t - - w-- ,' , -. '-' " truth. human heart, and is founded I When the present salaries were fixed, what were principles of justice; but my opinion . fur the the duties of the judges ? Not half as burthen- II that we are bound by as sacred aubatioiis in i some, l venture to say as at tms aav. session after session have duties been prescribed, and bur mens miposea, wiuiout aj corresponuent augmenia tion on salary. impressed towards . the . svstem : "because. I believe mat it nas ongmateu irom the noblest eilorts of the the immutable rther is, point and by tlie additional injunctions of our before it is let into an cqt: irticipation of its profits ; and indeed, ,bat for information derived Irom: a source entitled 'to "the" highest respect, I should hare thought thit the sums 'expended ia erecting buildings ought dso to' have been indnded j but I learn that the buildings are considered as 'a pat fine permanent and 'original stock, and that the same issues and profits are made thereon, ds ra any part of the capital., : X i--. -' AVill it be said that the Vid stockholders are en- ; titiel to the brofitft of the new. stock, for a year or two, to reimburse .them foriheif .incohsiderable to moderate gains,' while the bank was' tettinc int operation r. Surely it cannot seriously be pretend- ed, for have they not already received ample re muqetation in the way, and the only way. in which they, or the 'legislature contemplate!,. vi2 In a dividend j since, of from X2 f o 16 per cent,' per annum, indddlng the bonus. . If .such sophistry as this deserves notice; the legislature some 6x ox -. eight years hence, will be under the necessity of creating new stock, and vesting the proceed for a few years in the new stockholders to gratify their cupidityj . So far as gentlemen have Subscribed and paid they are entitled; no further. With much more propriety might the mkh'whd explores t!i6 forest and tests the fertility of the soil aai'salubrity of the climate, by hazarding his. all, contend, that all others locating themselves on the unappropriated soil of the country lying contiguus, thould becomo tributary to him. ror whose benefit were hook constitution, to endeavor, by all practicable directed to be opened ? For, the benefit of the pub- means, to enlighten only by a liberal endowment of our University, but and inform him the Legislature was organized. : Imieneodenf f'thYs thre is another view of the 1 .erection of :ademies, schools, &.c. mdif- ADC 'Usual SiaumuE- tommuicw ,wtic iuuvvscu , il anhiprf whTrhr.TMflr4 tn mn in' ho iviim to Mncn. vv. iiq aiaic. ucutc, wiui uic, uic find other incidental business transacted. 1U;- nA w : a :AV4Mni;n.. oriA u II amelioration 61 the t . - i - - . r i ini m km. i a i iiL a mmz. r. a 1.1 am ilium w - a w aT . n- : - - p - - 7 . , . J m w market price of every necessary and convenience of lite, owing either to a depreciation in the intrin sic value of the circulating medium of the country, or to some "other cause r; which in either case the In the Commons J relative to the towniand academy Brunswick county; Mr. Baker introduced ' a bill of Smithville, in the miuds of the people ; not J lie and not for the exclusive advantage of the ofd J. ..r Tf !i L..i.l Or-.ll it-.- - WEDNESDAY, NOVEMBER 18. The following interesting MESSAGE from the Legislature is, in accordance with the plainest prin LJovernor, was read to both houses : , ciples of jequity and justice, bound to take cogni zance 01. EXECUTIVE OFFICE, N. C. i Haleigb, November 17, 1818., Let us not, however : the indulgence of our sensibilHy for the Judges, lose sight of the impor tant and paramount obligations which we are under to the! people generally; for I am persuaded that an increase of salary alone, without a radical chaWe in bur Judiciary System, would be productive of tTAitvt ivvi-ia rmfrr nrvri mniAi tMArtii . - i A O j.- ' t a , j unie tuw auu inuccu, wuuiu ramer uave a Miu tei dency to perpetuate the present organization, To the Honorable pit Genera Assembly of the State of North Carolina: Gentlemen The unparalelled prosperty of our country, in anational point of view, combined with the developements cf state emergencies, which have 'beep, submitted to Stockholders. - Again it will hi seen by a further reference to the advertisements above alluded to. that nroxies. jenal code, by the erection of a the old, faithful, and well tried friends of Hankers, 1 . t - j fill ll 9 seconuary consideration, i ne are roiscarded i and forbidden to enter, even the threshhold of the "Bank. But if I am not very much mistaken, you will find them ushered in at the back door, and conlally greeted with all thi warmth naturally excited by a grateful rexoUectidi of past favors. : r The high character - which thi3 Bank has so deser vedly sustained, and the nt-irate worth and honora ble depo'rm'eht of the gentlemen who control and penitentiary, is a advantages to be derived from the first, connected with an energetic and enlightened svstem of inter nal improvement, re indisputable andobviouito the most ordinary capacity from the last, 'some what problematical -even with a considerable portion ot our most useful and intelligent statesmen. It is certainly souud. policy , for ..us, first to apply our resources to the attainment of objects which are ' ?r-Al Jf 1 A r I j t . . I -V m . - a . - ill A . ' maniiesuy lrausht with salutarv results; be lore we direct its, cmp'rafT- h I tnt nnfM A- enter into the wide field ot speculation. enter reluctantly into llie sulject But as an ex- Tlie long pending controversy between thH state cative officer, and as a cent i net upon the wall, I and the state ot Tennessee, rciativc to perfecting "av? TeIt lt be my iinperious 'duty .to so'pnd tha titles -tuL'lands lying-in that sate, has, t the last tocsn -alanh, when X see such gross attemp Supreme Court ol the -United States, holden in the m.ae J an insulation already suhiciently rormida- from. year to year, and .tlie annual conventions ol l prcr a diminution of their fabors, which city of WaslringtoBj-met with a partial hearing jind We to trespass pon the Tights of the people, and the Legislature lo -deliberate on these einergenaes, w ld virtuaiiy an increase oT their salaries; decision and much do I regiet to informvou, to g11" the credulous snd unsuspecting part of the nave, ostensibly, so circumscribed my limits, and i -I ,j..-i.i:'i-w. ik ii, ,iw,;d:a ua i . .rii. . Ai a .-. 'r.ommunitv- i , - have, ostensibly, so circumscribed irty limits, and of course your legislative duties, as almost to super cede the necessity 'of a further waste of time and treasure; and in truth, but for the increased impor tance of old matter -which has been accumulating from session to sessmft, I should liav'e but little of moment to which to invite your deliberations. I ', connected with a moderate advance, the Judges that that decision has been unfavorable to the riMits COmmumtJr' sane time,! until a few months past; and the our phvsiciai resources have "b dormant for the want of a would then be:enabled to dispense justice as justice T this state : butecognizing, at the should be dispensed, after mature research and nrn-lltirt iustice and eciiutv of ourr.ni. found investfeation. The present harried manner The respect due io the 'national w)vwnm'pnKnn.l in which our business is tut too often done, meets to the state with wlvich we have been unfortuatel v with an apology in the breast of every man, for it conflicting, will suppress, on this ccasio i, the ex- However, when we reflect on the. lefhargyiwhichti rtrprxfinAtf nrptiwihlp in d;k, fnSnr- SnflJMad w Ih&i- .: JH I,- , . I . ' Tl r' " ' " . O SldUalllHll- I I J "vhu vr.. It UlnUl) llll tll IUU9 IMIL III II 11 1 a a T they were endowed with supernatural faculties both is mamtest, that substantial injustice 4a3 been done tve jeen ed t he of tody and mind. ,-; u to the state of North Carolina. The merits of this moderate portion .of, en- ,-'rhpVa vnaw u.. .lA'.t.d:.. ..i4 u-. - vc! .SL." ? vVi T f i;-.nJ Voll 4kA-XnA - L '-""- . wiiiwi. uieir uuruieus uuuicoaui wuuw.ioa; iiurc uucuu uiusu wscubsea, . 7 T "-- ""-,- r T" a. -Aii lsiereu. fc a, win iaKe tne liberty ot r extraordinary excitement or pub ic feeling - at the that thre additional Jud-es be , : mJZZJZX m- ;ur i Supreme Courtl. ' with sufficient 'salaries : 'The act of thelGeneral Assembly, passed in -u-r- T " Ji lr ' attached to the offices to command the first legal 1816, relative to the 'militia, directs, among other ability under which lyou are pttced. p talents ;of tlie state ; and further, that the whole things, that the graklcs of our militia office shall The impulse irom!:publicxtarciment is too strong sfate be divided into small districts o't two or three be conformed to thrae of the United States, and in to be mistaken and tequires only a proper organiza II counties,' thereby restoring something of the old J pursuance of that act my predecessor proceeded to lion ana uirecuoa Dy ine repnueiuauvf. ui ,uie. uismct, oystem ; guardmgat the same time, against commission the respective omcers tlirougfiout the people, to arrest the' progress of emigration, and to the inconveniences to which many parts of the state ; and at the last sessiorl, as usual; various re- , fciiuut uui siav cuiujciuuicc Mupciuu, aiaie were suDjecteu in consequence ot the extent! commenaations were .maae to supply vacancies anu our citizens conienxea ana nappy. ot territory, comprised in a single district. Under I .1 shall therefore in a plain, brief, arid I trust, a j such a svstem as this, we miirht confident! v rclv on candid manner, unfold to you my views of state policy, so far as I believe them to be connected with an intelligent and correct discharge of your iegisla- tive functions. . . . j :: ; : . -"' , . V; In a government like ours, where, the sovereignty resides in the people, and where all power eraenates from, and at stated periods, returns to them for the purpose of being again delegated, it is of the 1.1st imbortance to the well-being and to the existence I pal the mtelhgence, integrity and ' independence of Juries.: Men, whose minds would disdain a sub- servietrcy :to the arbitrary encroachments of the occasioned either by resignation or otherwise. On examinailon, however, t.hnd that in many counties' of the state, wher'e there are T nominal I v two. or' .. . . ' . .. i - i .4.'. . . . V . ... three regimtnts, they are entitled by the atoresaid act but to one set oi omcers m consequence ol a Bench or Bar, would then. be the legitimate brotec-II deficiency of numbers. It would be well V 1 think, tors and guardians of bur lives, liberties and therefore; to provide some efficient means to enforce property. .Lshould rejoice for my native State, to a rig?d? adherence jto the act above alluded to. see so. iriestimaHfr a system once more restored; I have no doubt bat that many officers" were coin- amended and modified, so. as to obviate the princi-1 missioned at the last Assembly, in direct opposition importance to the well-being and to the existence pal objections that existed against-the oldDistiictl to the act of 18tC, but in obedience, however, to .ot uovernment, that tne public mina siiouia be en- J plan. F X y' . f the recommendations of both houses. 5 I lightened. k-Uo System infers td me : In the tile marked B you will;fihd Sundry reso auiieveu uie nueiue?.i uui couhitv, mm wnoiu mv nwn ka.w. ;n U:.t ii,A luhoiis which nave neen received irom the lsxecu- , . m tf - t m ' i i . a vk. a ua v iUk3L.i m u j ikil hi iiiii.-l u nil vr I we are indebted tor our present nemgn jma nappy wniihio .Vu.. tive' of the difTerent states, relative to certain i lnlcr imnrikccaii uyith th. m.n. I - form of government duly impressed with the mag nitude ot the subject, and anxiously solicitous to impart siaoiuiy to our insuiuuons, auu io transmit to posterity the inestimable boon ibr whrchUhey fought and bled, have, as regards this subject, with more than parenta caution, imposed the. most 'solemn obligations on ill those who may be called ; to administer the government. , " ; ' V Permit me, therefore, to refer you in a particular manner to this solemn injunction contained in the Constitution v of . the 8ttit &f$X&C . Carolina, Art. 41 That a schcel CT tihcoh Chall be estab lished by the legislatutft Ccr Che convenient instruct tion of youth, with such salaries to the masters, to be paid, by the public, as may enable them to in struct at low prices,! and al Useful learning hall be cuiy encouragcu. ana prom&tea in one or more um rersities." ! ; z: h 'r'-' Let it be recollected that by this chart, we are feound as the servants 4f the people under the , solemnities of - an oath, to Steer the yessel of state; . and when we connect this2 imperious duty with the luminous and impressive appeals which have been fio rjften made to vthe legislature for the last year or twe l apprehend mat nothing that 1 could add would impart additional force. It surely will not be denied thA it is a subject of all others; in!a re .tjubtican eovernment, of the mok vital importance: tor it is in this way,anl this alone, that our Repuh lican institutions can be pernetuated, or that radical changes can be efiected in the moratsand manners cf the people. ;H Hz? The present crgamzation and debased condition of the Judiciary Jjerastment,ris entitled to, and have no doubt will receive the marked attention of ther Legislature " The: evil has-been submitted Ho , already bcjpnd what ought to have been expected j P apd i t appcafi furtlfince will mnnpr in wKirh onnlfoMo ;..c. ri ua amendments which have neen proposed to the con- in this state, or a total abandonment T it altogether, stitution of the UmtedStates ; a part ot them arc Hie delays to which equitable claimants a& subi entitled to your. particular attention. . V- jected, amount substantially to a denial of iusiice; I I It will be seen by a reference to the newsriapers for indeed the prosecution of a suit" of this descrini Dublihed in this nlace, tHat books of subscrintion tion is a mere farce from the beffiriinw to the end JI aie to be opened on! the fourth Monday of the nre- The Judge professes toi.know but little of this branch sent month, for theluhsubscribed stock in the State oi junspruaence; the cierKs and masters to whom i Bank ot iSoitu uarpiina. l ieei it to he my duty uie ousiness is utiimateiy turnea oyer, evidently i m a particular manner io vuraw your a ue n no a to know less,(and hehce in this unpleasanilemma, j this subject. For vVhy. should not the public derive it is oetier, nine. .umes out oi ten, to abandon the! her due proportion oi me aavantages ot mis msti- ejaim altogether, r And yet . rights of this descrip-1 tutiori, designed ormnally for her benefit ? By a tion are oftener tlian otherwise vested in the feebfe 11 vestment oi our surplus funds in stock of this de- and defenceless widow and orphan : who junder all j scription, we migh rationally calculate on Jighten the disadvantages above enumerated and many II ins the bttthens of! the farmers; inasmuch as in a others, have to contend with the deep laid devices it short time we milit anticipate, a handsome revenue and schemes of the artful and desisnircr veteran. II to the state therefrom. . With respect to the terms. a ne spirre jor internal improvement .wnicn nas soil tue oooks are to.oe ;openeuras above mentioned, ana extensively pervaded our state, : will, I have: iip the money paid In rs follows, viz ; One-fourth, at doubt, as it ought; receive the fostering patrohasel the time of subscribin5: one-fourth in three mbnths of -the Legislature. Accompany irig this is a com- thereafter ; one-fourth in six months, and the re- muni cation from the Secretary of the Treasury of mainder in twelve months.. . In June, 1821, two theXTnited States covering a resolution of Congress, years and a half frqm th&.fimeL the first instalment soliciting information asr to the progress of public 13 paid, the new stock will J be entitled .to draw a improvement in this state, . for the purpose ; therei n dividend.- But wht becomes of tlie profits on this expressed of co-operating ;with ' us,dn certain con- stock in the mean time, which I suppose might be tingencies, in such undertakings as may seem to re- something very considerable, say from one hundred auire National aid. v .. - r il tn one hundred and fifty. thousand dollars? Why. The companies which hive heeh incorporated by II if I am not misinformed, they are to be put into the LegislatureTor the imnrovement of the.navisa-tithe pockets of the-ild stockholders. ' y tipricbf the Roanoke, Neuse. and Cape Fear rivers, -1 would ask if tljis is a chartererT' nrfiti or what appear ui uatc at couunana, me means, ana so iar equivalent uo luev propose to give ine- siaie mere 'as;T'canicaim; ariaiOTrdasly emnlbyedin theanbli-ll for FIanouidJite1 16 knbw,Tor I must confess 1 cation of them for t(ie attainmenVof the important II have examined their charter in vain for satisfaction obiects which they have in view. But there remains ill onthis head. - I " fc , - - . much to be. done mother sections of the state will reaefdy admit, i that 'the new stock should where individual capital and enterpnse seem not as 1 be subjected to. its proper proportion of the expen ye$ be excited iatp aclj either from a conicious- "ditures have bfca inxurred tn sUfiqniry, fctc Some few days after the rise of the last General Assembly, it was made'known to roe that a vacancy existed on the bench in consequence of the demise ef the Honorable Samuel Iwrie, that he died oa the twenty third of December last, the day before the rise of the Assembly, at HTs late residence in the county of Mecklenburg, which lies at a remote "dis tance from the seat of Government. I therefore, proceeded to convene, the Council of state, for the purpose of consulting with them, as to the propriety of 1 rilling the' vacancy, : by tualting a temporary jpuuiiincuv. xviicr uic iiiuoi ueiiocraie consiuera tion of tlfc subject, that we .'.were capable of bestowing on. It, it was our unanimous opinion, that we were - constitutionally bound to Jo. so; and accordingly in the . first instance appointed Barlett Yancey, l5sq. of the county of Caswell,; who for cogent and substantial reasons confaiae'd in his communication, declined to accept; 'Tf.e Council v was a second time convened, and Robet U. Burton, Esq. of Lmcolh county; wa3 selected whol from " patriotic motives no uoudt,; accepter, and rode the Spring Circuit but for reasons assigned in his ltt-(l ter 01 Tesignauon, resinea.i . . .1 Prior to the Fall Circuit, viz: in the month of August the Council was a tiuYd time convened andcohcurred unanimously1 in . ixcomracridlrtg that a commission be tendered to .Blake Baker,1 esq. of the county of Warren : which was accordimjly done anu on nts pan accepteu : anu so lar as 1 can learn, he discharged W illi ndemy and ability the arduous 1 A- 11 At ' -f .1 ' l I . ' uuues wnicn tnercuy QcToiveu upon him. ; . 1 . .The melancholy catastrophe that elided his Cir cuit and his Existence nearly at tjie.same lime, I- apprenena you arc already apprised cT. Un you will devolve the more important duty of making a. ' permanent appointment.' ; '. . . , i ' ine consutuuonai question in vol red in trie above appointments, was in NdrthXaroliha, one of new impression, ana nence it.wss that our diOicuifles were considerably augmented 5 but on reference to the construction put on similar pliraseology, in the Constitution ot the Umted States, by the Saces of several successive Auminisirations, we were con- . firmed in the' correctness of die course which we ultimately pursued. Ilowever to make assurance doubly sure," and to guard against the possibility of mischief resulting" to the Community from1 the re- , versal by tlie "Supreme Court of the Judical deci sions of the person appointed, oh the ground of hia not beih a constitutional officer I solid ted, arid informally obtained tlie .opinions of the-present Judges, a majority of whom decidedly concurred with the Council m the above opinion; It was therefore evident thai no immediate bad conse quences could ensue, because we were supported by tne juaiaary, ana as mucn gooii in au prooabuuy , voula ne cone oy ninng meyacancy, we proceeaea to act as I have before mentioned. ' . " It will be j-ecollected that this is the sesskrtf for an election of a Sehater to represent this state) in the Congress of the United States. . , In the file marked ( AJ you will find sundry rcsigs nations of Justices or tne . peace anl field officers, which have been received at this office during tb recess. . Tliat a kind and beneficent Providence may illumine your counsels and conduct them' lb 1 thd happiest results, i3 my most ardent desire: i - Whh the highest respect and consideration, I have the honor to Dey Your obedient servant, .-1 ' JOHN. BRANCH. I In our next, we will endeavor to rive a more parucuiar actaji 01 tne legisiauve rocetuirjgs.j 1 1 . , i m . . 1 1-; X - V - - . M . - 1 --A-
The Cape-Fear Recorder (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 28, 1818, edition 1
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