: 1"
tV.-V'V-..'.
. -
(Concluded from fourth page.)
-.cnhition providing for the distribution of
nr Emmon's report was ratified.
The consideration of the bill to establish the coun
miinmi'in was now resumed. .
V.0.' nLn moved to lav on the table. Rejected.
Mr Etlnev submitted to the Senate a proviso of
the constitution affecting the law of the question.
Mr Pool replied. i
Mr Thomas supported the bill. He. insisted that
Legislature had a right to establish counties
thoittthe requisite population ; that counties could
?! created for municipal purposes, as territories
organized preparatory to becoming States.
V. continued at some length, but said as he saw tho
!: -nate was tired of the question he would not trouble
j ',,' with the statistics he had prepared ; and he
hoiK'it that if the East desired to retain her power
L .should act justly and liberally to the West.
The question now recurred on the passage of the
bill Us econd reading resulted in its rejection
.. to 13, as follows:
for the bill Messrs. Boyd, Brown, Davidson,
pavi Dobson, Douthitt, Edney, Gilmore, Martin,
Aiills 'Reinhardt, Thomas and Turner 13.
" i,,(imt the bill. Messrs. Ashe, Battle, Basnight,
RlisNoe. Blount, Cherry, Cowper, Cunningham, Dil
hv'l Donnell, Flanner, Gorrell, Guyther, Houston,
liiniih'-ey, Lane. Lank ford. Leach, McDonald, Me
llon oil, M.ller, Pitchford, Pool, Ramsay, Speight,
t.vle. !tr:uigli", Taylor, Walkup, Ward, Whitakcr
and Worth-32.
COrSTY OF DOBBIX.
The bill to establish the county of Dobbin, being
t!ie special order for 11 o'clock, was now taken up
on is siii"' ivtitiji,.
Mr. Cattle advocated the passage of the bill. It
pr'vsi"l to erect the new county out of portions of
Wake. Xach, Franklin and Johnston. He said it
was the unanimous wish of the people interested,
aiiil he regretted he could not do the subject justice,
but he hoped the Senate would, as he would submit
fads K'vond contravention. After alluding to me
liiorials'subinitted, he said the question of popula
tion was beyond doubt, for the new county, if it
c:,t!ld vote to-day, would give !00 to 1,000 votes ;
an 1 the boundaries of it would not take in a man
ne.m-r than 12 miles to any courthouse. It could
,1,) no harm to the State, but would add to the value
of the land and benefit it. He thought the name
an admirable one, and that it should be honored by
a county. He said the eight members which would
represent the five counties embraced in the bill (if
the proposed one were created) would represent
more than the requisite population in the other
House in 1872, even upon the population of 1830;
and that the four counties now interested paid more
taxes than any other "lour adjoining counties in the
State.
Mr. Lankford opposed the bill. It would work
a crievancc to at least one of the counties named.
IK- denied the accuracy of the statement as to pop
ulation. In 1850 Franklin had within a fraction of
the population requisite to entitle her to two mem
bers in the Commons, and it was now proposed to
take oil a piece of her and keep her in that condi
tion. The bill would injure his county to this ex
tent. Mr. Battle denied Franklin would have sufficient
population in 18(50 to entitle her to another mem
ber. The people of the part of that county propos
ed to be taken oft' were in favor of the bill.
Mr. Lankford had heard no complaints in Frank
lin, and stated that no man in that county had to
travel more than 18 to 20 miles to Court.
Mr. Bledsoe had not heard a word from one of his
constituents in faver of this bill. He had canvassed
the county thoroughly, and during the canvass it
was not once named. He thought it strange that
the people of Wake wou!d entrust their business
solely to the Senator from Nash (Mr. Battle,) for
not "one of his colleagues in the House had been
sjioken to m favor of the bill, lie would vote
against it
Mr. Leach knew of one man in his (Johnston)
county in favor of the bill, and no more.
The question was then taken on the passage of
the bill and determined in the negative 32 to 11,
as follows :
For the bill. Messrs. Battle, Brown, Davidson,
Davis, Dobson, Edncy, Martin, Miller, Reinhardt
Turner and Walkup 11.
A'j'iin! the bill. Messrs. Ashe, Basnight, Bled
soe. Blount, Boyd, Cherry, Cowper, Cunningham,
Dillard, Donnell, Douthitt, Flanner, Gorrell, Guy
ther, Houston, Humphrey, Lane, Lankford, Leach,
McDonald, McDowell. Mills, Pitchford, Pool, Ram
sav, Speight, Steele, Straughan, Taylor, Ward, Whit
aker and" Wo.-th 32.
BANK OF CAPE FEAR.
The bill to amend the charter of the Bank
of Cane Fear was now put upon its second reading.
The committee to whom the bill had been referred
reported an amendment to the clause proposing to
strike out the 17th section of the charter, by strik
ingout only the word ''corporation," and recommend
ed that the bill as amended do pass.
The amendment was concurred in.
Mr. Brown had reported on the bill in obedience
to a majority of the committee, but he could not
jrive his assent to the amendment authorizing the
bank to issue bills as low as $3. He was opposed
to small notes under all circumstances, and he re
garded it as no reason why he should to it in this
instance because seventeen other banks were issuing
them. He believed the prohibition would benefit
the banks as well as the people; and he said if he
had the power he would extend the prohibition to
notes much above 5 even.
Mr. Guyther, though opposed to small notes, had
assented to the bill, on committee, that this bank
niirht be placed on an equality with others.
Mr. Bledsoe addressed the Senate in support of
the views of the majority of the committee. He
called attention to the 17th section of the charter
which declares " That whenever the said bank hath
any demands upon any person or corporation, it
shall be lawful for said person or corporation to pay
and discharge such demands in the notes of said
hank without regard to the place where the same
may he payable and demandable." It was proposed,
said Mr. Bcdsoe, to strike out of this section the
word "corporation" wherever it occurs, and to leave
the law in force as applied to individuals. The
hardship to the bank was self-evident, and needed
no argument It was simply proposed to put this
hank on an equality with others.
A motion to reconsider the vote adopting the
amendment was rejected.
Mr. Steele opposed the bill, as it gave this bank
an advantage instead of putting it on a level with
others, by compelling banks without branches to
pay the demands of one branch in specie while hav
ing plenty of the notes of another branch on hand.
Mr. Bledsoe maintained that the word " corpora
tion " in the 17th section, placed this bank in an
emharrasing position and illustrated it by supposing
a case in which the principal bank of Cape Fear
nau a claim of $20,000 on say the Bank ot YVU
mington. The Bank of Wilmington has $30,000
of the notes of the Bank of Cape Fear $20,000 of
which are the issues of various branches, and $10,
MO the issue of the principal bank. The demand is
met by the Bank of Wilmington with the notes of
the branches, from which the principal bank gets no
relief in specie or notes payable in Wilmington ; but
immediately afterwards the Bank of Wilmington
Hakes a demand on the principal Bank of Cape Fear
for the redemption, in specie, of the $10,000 payable
mat point and thereby aggravates the banks em
warrassments. And in this connection Mr. Bledsoe
reminded the Senate that of the million and a half
f capital of the Bank of Cape Fear, but $200,000
was held in Wilmington the residue being distrib
uted among its branches, and asserted that it was
unreasonable to expect the principal bank or any of
ts branches to meet the liabilities of the whole cor-
poration.
Mr. Brown concurred with Mr. Bledsoe. Under
the existing charter the principal bank would be
compelled to keep sufficiet specie on hand to meet
the issues of all its branches as well as its own. It
Placed this bank at the mercy of others If, how
?ver, on investigation, it worked injustice to other
banks, he would oppose its adoption.
Mr. Steele denied the 17th section cave any such
power to local banks as to require such a supply of
y-ue. it merely gave power to settle claims, not
uemand payment of notes..
Mr. Brown. If that be the Senator's view, why
oppose the bill ? There could be no reason in the
opposition.
Mr. Ashe concurred in tho views of Messrs. Bled-
and Brown. The bank was required by its char-
r to establish branches, -and it was unreasonable
pecc eaca one of them to keep goM and silver
Vol. XXIV. No. 51.
to meet the issues of all the rest including the prin
cipal bank. As to small notes, he (Mr. A.) had al
ways been and was yet a 44 hard money " man. MHe
would be glad to see every bank limit its notes to
$20. The Bank of Cape Fear would willingly ac
quiesee in a general law to that effect, but it object
ed to being discriminated against Mr. Ashe allud
ed to the disadvantage this bank labored under as
compared with the Bank of the State, in the deposits
made by the public treasurer, who received a large
amount of small notes in his settlements with sher
iffs, which this bank could not receive (under $5)
because she could not pay them out He concluded
by urging the amendment as to Directors being made
proxies otherwise a large proportion of the stock
in the bank would go unrepresented, it being incon
venient for stockholders at a distance to attend on all
occasions. " -
Mr. Donnell did not understand that the principal
bank was bound to receive notes of its branches.
He concurred with Mr. Steele. The bank had suf
fered nothing under the present charter, and he"
would vote against the bill.
Mr. Turner said the purpose of the law was to
protect the little banks which had no power to in
jure the big ones. If a little one did make a run, '
the big ones had ample means of retaliating by ac
cumulating its notes, coming down upon it, and it
would be heard of no more. The Cape Fear Bank
was subject to no restrictions not placed upon the
State Bank. But the State Bank refused its charter.
He admitted the Bank of Cape Fear had acted better,
and it would have been as well if the State Bank had
pursued the same liberal policy. If the State Bank
should be rechartered, he (Mr. T.) would insist upon
the same restrictions, and the friends of the Cape
Fear Bank should do so too. In conclusion he said
the 17th section restricted the large banks they
could keep the little ones in their place.
Mr. Edney desired to understand the question.
THere the Senate became somewhat 44 mixed," and
it appeared a hard matter to get it straight.
Mr. Edney declared that any bank that would not
receive the notes of its branches in payment of debts
should not have a charter.
Mr. Lane thought feenators had got the matter in
a fog, and proceeded to clear it up by a statement of
the question. Everv bank or branch should redeem
its own issues and no other. Was in favor of Direc
tors acting as proxies had not a dollar in bank
stock, and never expected to have. Would vote for
the bill.
Messrs. Edney and Pool took exception to the re
port of the committee.
Mr. Ednev moved to re-commit the bill to enable
the committee to amend their report.
Mr. Worth saw no necessity for that but moved
to postpone its further consideration.
Mb. Brown thought that it the report was not plain
. . ........ ...
enough it was an easy matter for Senators to make
it plainer by amendments. He saw no grounds for
criticism but Messrs. Edney and Pool might belong
to those who
" have opiics keen
To see what is not to be seen."
(Laughter.)
Mr. Edney. It is not unusual for gentlemen to
see a matter very plainly, and totally fail to make
others see it so. (Continued laughter.)
The motion to re-commit the bill prevailed.
Mr. Thomas moved to re-commit his bill to incor
porate the North-Carolina Central Atlantic and Pa
cific Railroad Company. It being a special order
for to-day and the hour having been consumed,
Mr. Martin moved to adjourn ; Mr. Thomas de
manded the ayes and noes; 'Mr. Martin withdrew
the motion; Mr. Turner renewed it; Mr. Thomas
renewed his demand, but withdrew it, and the Sen
ate adjourned at about 2 o'clock.
HOUSE OF COMMONS.
At half-past nine oclock the House was called to
order.
MEMORIALS.
Mr. Reeves presented a memorial from nearly
1,000 citizens of the county of Surry, asking for the
opening of the Yadkin river.
Mr. Walker presented a memorial from certain
citizens for an alteration of. the law relative to slan
der. Mr. Dula presented a memorial relative to the
liquor traffic.
A number of reports were received from standing
committees, among which were reports adverse to
the establishment of new counties by the name of
Bragg
and Dobbin.
RESOLUTIONS.
Mr. Tomlinson's resolution that no bill should
be printed without the recommendation of the com
mittee to whom it was referred, was lost by a vote
of 50 to 38, two-thirds not voting in its favor.
Mr. Walker, a resolution relative to Cherokee
lands.
The followinsr new bills were read the first time
and referred :
Q
Mr. Lewis, to consolidate the offices of Clerk and
Master in Equity with that of Superior Court Clerk.
Ordered to be printed by a vote of 40 to 38.
Mr. Dortch, to add a lourth Judge to the superior
Court.
Mr. Speer, to abolish the freehold qualification
for iurors.
Mr. Norwood, to incorporate the Hillsboro Sav
ings Institute.
Mr. Simon ton, to amend za sec, at la cnap. liev.
Code.
Mr. Foy moved to reconsider the vote rejecting
the bill' relative to the fisheries of Onslow county,
and in doing so, took occasion to repel charges made
against the citizens of Onslow county by the mem
ber from Carteret, (Mr. Lcffers.) He stated several
facts to show that the bill was needed, and wished a
reconsideration.
Mr. Leffers replied, and insisted on the corrcct-
, . r li j- l i Tr
ness OI nis siaiemenis maue on veiaeiuujr. xjc
hoped the House would not pass the bill
CONSTABLES FEES.
increasing the fees of constables
The bill
read.
being
Mr. Dortch stated the bill gave a per centage to
constables the same as that given to sheriffs. His
object was, by increasing the remuneration, to get
more respectable men for the office.
Messrs. Kerr, Thompson, "Smith and Drake sup
ported the bill.
Messrs. Fagg, T. R. Caldwell, Byrd and Walser
opposed it Rejected yeas 13, nays 95.
SPECIAL ORDER. '"
The bill to prohibit the issue of bank notes of less
value than three dollars, was rejected by a vote of
76 to 31.
JUDGE MUFFIN'S ACCEPTANCE.
Messasre received from the Senate, transmitting
Judge Ruffin's acceptance of the office of Judge of
the Supreme Court, which being read, was
On motion of Mr. Caldwell, of Guilford, ordered
to be spread upon the journals. .
BILLS ON THEIR SECOND READING.
The bill to restore jury trials to the County Court
cf Cleaveland passed its second reading, and the rules
being suspended, it passed its third reading.
The bill to protect purcnasers unaerjuaiciai saies.
Passed.
The bill to prohibit the cutting of timber on the
Tuckahoe and Trent rivers. Passed.
The bill to incorporate the Wilmington Light In
fantry passed its second reading, and at a later peri
od of the day passed its third reading.
The bill to amend 78th chap. Rev. Code, entitled
official bonds. Passed.
The bill to amend 68th chap. Rev. Code, entitled
marriage. Passed.
fThis bill provides that all marriages solemnized
bv persons Drofessine to be authorised to celebrate
the rites of matrimony, shall be valid, if the marriage
be in other respects lawiul, ana oe consummated in
the belief of the contracting parties that they are
lawfully married. J
The bill requiring the day of receiving and ezecu
ting tota liojted on justices process Pteeed
RALEIGH. N. C..
MINES
The bill to make husbands liable for the debts of
their deceased wives passed.
The bill to encourage the planting of oysters and
clams passed.
On motion of Mr. Foy, the rules were suspended.
and the bill passed its third reading.
ine bill to authorize the erection of a toll-bridge
over the Yadkin river passed.
lhe bill to incorporate the Ncwbern Light Infant
ry passed.
lhe bdl to incorporate the Raleigh Gaslight Com
pany passed.
lhe bill to incorporate tho Atlantic Mutual Fire
and Marine Insurance Company passed.
i lie oui w incorporate me uneroKee uounty .turn
pike Company.
Mr. Walker spoke in favor of the bill. Passed.
The resolution in favor of II. N. Britton, of Hay
wood county.
Mr. Love explained the nature of the claim, and
it passed its second reading.
The private bill for the county of Franklin, after
a few remarks from Mr. Green, passed. ' 1
A motion to adjourn being adopted by a vote of
52 to 44,
The House then adjourned.
Fkidat, Dec. 17, 1858.
SENATE.
The Senate met at 10 o'clock no prayers.
A message received from the House transmitting
the reports of sundry corporations with a proposi
tion to print Concurred in, and
On motion of Mr. Houston, the statements of the
several companies were referred to the appropriate
committees recently appointed.
- REPORTS OF COMMITTEES.
The following bills were reported favorably on :
Mr. Houston, from the committee on the judicia
ry, to increase the salaries of judges, with an amend
ment; Mr. Brown, from the committee on banks and
currency, to amend the charter of the Bank of Cape
Fear, recommitted on yesterday.
Mr. Humphrey, from the committee on corpora
tions, to incorporate the Lake Landing Canal Com
pany. Mr. Dillard, from the same committee, to incorpo
rate the Fairfield Canal company.
Mr. Donnell, from the committee on the judiciary,
to amend the 28th sec. 7th chap. Rev. Code.
Mr. Lane, from the committee on propositions and
grievances, in lavor ol col. M. llay, and Jackson
Stuart ; respecting the pilots of Oeracoke and Hat-
teras inlets, requesting to be discharged from its
iurtner consideration, wmcn was concurred in ; re
lative to the public roads in Buncombe, Henderson
and Yancey, recommending its passages i favor of
the bill to enlarge the iowers of the commissioners
of the town of Tarboro'; against the passage of the
bill to amend the 7th clause "3rd sec. 34th chapt
Rev. Code ; and against the passage of the bill to es
tablish the county of King.
Mr. Carmichael, from the committee on the judi
ciary, in favor of the passage of the bill ceding iu
risdiction to the U. S. in the purchase of a tract of
land in Raleigh.
Mr. Lankford, from the same committee, in favor
of the bill to alter the time for holding County
Courts in Jones county.
Mr. Gorrell, from the same, against tho passage
of the bill to amend the COth sec 107th chap, Rev.
Code.
Mr. Davidson, from the committee on claims, in
favor of the resolutions for the relief of J. A. Vin
son, H. Stradcr, and Donald Frazer.
Mr. Steele offered a resolution instructing the
committee on finance to enquire into the expediency
of repealing the tax on collateral descents. Rejected.
new bills.
Mr. Humphrey introduced a bill to extend the
powers of the New River Navigation Company.
Referred to the committee on internal improve
ments. Mr. Flanner, a bill to extend the corporate limits
of the town of Newbcrn. Corporations.
Mr. Ashe, a bill concerning the Wilmington and
Weldon Railroad Company. Internal improvements.
Mr. Bledsoe moved that the report of the Board
of internal improvements be referred to the commit
tee on internal improvements. Adopted.
EXGROSSED BILLS.
Received a message from the House transmitting
a number of engrossed bills which were read the
first time and passed, and which will be noticed on
the second reading.
Mr. Edney moved to take up the bill to amend
the charter of the Western N. C. R. R. Co. Con
curred in. He now offered a substitute as an amend
ment and moved that it be printed and, with the
bill, re-committetl to the committee on internal im
provements. Also concurred in.. v
Mr. Thomas moved to re-commit the bill to incor
porate the N. C. Central Atlantic and Pacific Rail
road Company. Concurred in.
BILLS ON THF.IK SECOND READING.
The bill to enlarge the powers of married women
in certain cases was put upon its second reading.
Mr. Houston moved that it be made the special
order for Tuesday next at 12 o clock. Adopted.
BANK OF CATE FEAH.
On motion of Mr. Brown, the consideration of the
bill to amend the charter of the Bank of Cape Fear
was resumed on its second reading. The question
was on the adoption of the amendments of the com
mittee, which will have been gathered from the dis
cussin on this question yesterday.
Mr. Steele proposed to amend the substitute by
retaining the 17th section as it stands in the charter,
and adding to it as follows : " And the corporation
or person upon whom the demand is made shall first
use the notes of the bank making the same.
Mr. McDonald was in lavor ot the 17th section in
the charter.
Mr. Brown thought the amendment "of Mr. Steele
would obviate the difficulty complained of by the
bank as resulting from the 1 7th section. He thought
it as fair as possiole that it would protect the small
banks as well as the large ones and at the same time
protect individuals. -He would support the amend
ment
Mr. Bledsoe would admit the amendment to be
good as far as it went but it did not cover the whole
ground. He illustrated the hardship it tailed to
remedy in this way : Suppose the Bank of Cape
Fear had $10,000 of the notes of the Bank of Yan
ceyville. They are presented for payment The
Yanceyville Bank has $5,000 of the notes of the
Ban- of Cape Fear, which the amendment of Mr.
Steele says she must first use in settling the de
mand. The Cape Fear Bank receives them, and
then demands the other $5,000 in specie. But in
stead of paying specie for these notes, a pledge for
which is on the face of everyone of them, the
Bank of Yanceyville pays down $5,000 of the notes
of some branch, of the Bank of Cape rear.
Mr. Steele would put all banks upon an equality,
without regard to whether they had branches or
not His amendment might not meet all the diffi
culty, but it was preferable to that of the commit
tee. Mr. Steele continued, and read from the state
ment of the Bank of Capo Fear to show the ine
qualities of the issues in its branches contrasting
that at Raleigh with that at Ashcviilc, with a view
to show that -the issues increased in proportion to
tho inaccessibility of the branches. He regarded
banks with branches as a nuisance. Local banks
were quite as useful to the community, and trans
acted their business as well as their larger banks.
Mr. Bledsoe now thought the question bad as
sumed the character of a warfare between the friends
of. local banks and State banks. He maintained
that the amendment of Mr. Steele gave local banks
the privilege of refusing to redeem their notes.
The Bank of Cape Fear had a restriction no other
bank had. Her notes .represented specie which
could be had at her counters on demand, and she
had a right to demand that the notes of all other
banks should be met in like manner.
i -Mr. Steele said no other bank was in the same po-
! Mtio m the Bank of Owe Jtt The waie retrio-
DAT. DECEMBER 22. 1858-
tions were imposed on the State Bank, but she had
'refused the charter.
Mr. Bledsoe said Mr. Steele was mistaken. The
last Legislature had repealed those restrictions by
an almost unanimous vote, and had given to the
State Bank a charter without one of them.
Mr. Turner thought they ought to legislate to put
every bank upon the same footing and without re
gard to branches.' If banks chose to establish'
branches, let them take care of them. . '
Mr. Ashe concurred with Mr. Bledsoe's view of
Mr. Steele's amendment It was clearly impossible
for the bank or any of its branches to redeem the
notes of others. If the Senate regarded branches
as useless they could say so by their votes ; but if
not then they should not allow them to suffer.
Mr. Leach thought the branches in no great dan
ger as they had specie enough to protect them.
Mr. Pool opposed the bill at some length. He
concurred in Mr. Steele's amendment If local
n banks were run on they had a right to defend th em
Bel vet' as befft they could.
Mr. Cherty would reserve his defence of banks
with branches till the proper time.
The amendment of Mr. Steele was adopted.
Mr. Pool offered an addition to Mr. Steele's amend
ment as follows : u In case they have the same on
hand at the time such demand is made." Adopted.
Mr, Brown proposed to amend the bill by striking
out of the second section "$5" and inserting "$10,"
to reserve to the Legislature, the right of prohibiting
hereafter the issue of notes below that denomination.
Mr. Steele opposed the amendment, which was
rejected.
Mr. Donnell moved to strike out the section au
thorizing directors to act as proxies. Rejected.
The amendments of the committee were then
adopted.
The question now recurred on the passage of the
bill as amended.
Mr. Brown, in consideration of the bill giving au
thority to issue $3 bills, called for the ayes and noes.
The Senate then voted -aye 38, no 5, as follows :
For the bill. Messrs. Ashe, Battle, Bledsoe,
Blount Carmichael, Cherry, Cowper, Davis, Dillard,
Dobson, Douthitt Edney, Flanner, Gorrell, Guy
ther, Houston, Lane, Lankford, Leach, Martin, Mc
Donald, McDowell,- Miller, Mills, Pool, Ramsay,
Reinhardt Speight, Steele, Straughn, Taylor, Thom
as, Turner, Walkup, Ward, Whitakcr, Williams
and Worth 38.
Agnimt the bill. Messrs. Brown, Cunningham,
Davidson, Donnell and Pitchford 5.
Mr. Houston moved to suspend the rules to put
the bill on its third reading.
Mr. Donnell objected.
On motion of Mr. Thomas, the Senate adjourned
till 10 o'clock to-morrow.
HOUSE OF COMMONS.
The House was called to order a few minutes be
fore 10 o'clock.
PETITIONS.
Mr. Fleming, from the citizens of Salisbury in fa
vor of extending banking facilities in that town.
Mr. Speer, from certun citizens ef ourry county,
relative to the opening the Yadkin river.
Mr. ragg, from certain citizens of Madison county,
asking to be attached to Yancy county.
Reports were received from several standing com-.
mittees.
Mr. Love, from committee on Internal Improve
ments, reported favorably on the bill for a survey of
a Railroad from the French Broad river, west in the
direction of the Chatanooga line.
RESOLUTIONS FIKST HEADING.
Mr. McCotter, in favor of J. H. Forbes and others.
Mr. Cox, of Pitt, in favor of Calvin Evans, of Pitt
county.
Mr. Bryson, in favor of E. D. Davis, of Jackson
county.
Mr. 11 ill, of Stokes, that the committee on corpo
rations and currency be, and they are hereby in
structed, to inquire into the condition of the Farm
ers' Bank of Elizabeth City, and report whether, in
their opinion, that bank has violated its charter ;
and if so, what action this Legislature ought to pur
sue in order to compel the directors and stockhold
ers to surrender their charter.
NEW BILLS.
bills were read the first time and
The following
referred
Mr. Fprrow, to charter Lake Landing Navigation
Company.
Mr. allacc, to facilitate the collection of debts.
Mr. Meares, concerning pilot.
Mr. Clapp, to incorporate the town of High Point,
Guilford county.
Mr. Ward, to authorize the consolidation of cer
tain Railroad companies.
Mr. Harrington, to amend an act concerning the
Superior Court of Harnett county, '
Mr. Foj-, to establish the fees of Clerks and Mas
ters in Equity.
Mr. Reeves obtained leave to withdraw the memo
rials relative to the opening of Yadkin river, to pres
ent them to the Senate. .
The following bills passed their second reading :
The bill to amend the act incorporating the town
of Lenoir, in Caldwell county. It regulates the
granting of liquor licenses.
Mr. Dula spoke in favor of the bill, and the ne
cessity of its being passed for tho benefit of the
academics in the town.
The bill to prevent the felling of timber in certain
rivers in Rowan county
The bill to incorporate the Educational Associa
tion of N. C.
The bill concerning Common Schools. It makes
. various regulations relative to the amount of taxes
collected in each county, to the duties of superin
tendent &c.
The Senate bill to provide for running a dividing
line between North Carolina and Virginia.
The bill to incorporate the Davenport Female
College.
The bill to incorporate Catawba College.
The Senate bill to authorize the Governor to fur
nish arms to Franklin School, Duplin county.
The Senate bill to authorize the Governor to fur
nish arms to the military schools of the State.
The Senate bill to amend the 6th sec. 9th chapt
Rev. Code relative to the distribution of the acts
of the General Assembly, was,
On motion of Mr. Martin, amended by striking
out "90 days" and inserting " 50 days."
The Senate bill to amend 19th sec 59th chap. Rev.
Code.
The bill to incorporate tho Lincoln Lodge 137 A.
YJ M.
SPECIAL ORDER.
The resolution declaring E. G. Haywood, mem
ber from Wake, disqualified to hold his scat on the
floor of the House was read.
Mr. McKay considered Mr. Haywood entitled to
30 days notice of the intention to contest his scat
according to the act of Assembly.
Mr. Hill, of Stokes, considered there was no con
test for the seat of the member from Wake ; the
question was whether he was eligible or not
Mr. Smith considered the case out of the centem
plation of the statute, which only related to con
tests between individuals, and could not affect this
case.
Mr. Kerr thought it might be necessary to divide
the resolution into two clauses. . .
.. The Speaker decided against the proposition.
. . Mr. Haywood deemed it his duty to defend the
rights of his constituents, as jealously as if he was
anxious to retain his seat lie considered that he
was entitled to get notice to prepare himself for tri
al in this as in other ordinary cases. . He was indif
ferent to the decision of the House, but would pro-
test against anything done contrary to law.
Mr. Smith, before discussing the mam question,
argued against the demand of 30 days notice, and
then entered into a general argument against Mr.
H.'s right to a scat in the House, and proceeded to
prove that a Court of Equity was a Court of Record
within the meaning of tho Constitution. Mr. S.
shea exoMwed tlw boastitutdoaal quesfeioa s sjudi
Whole Nuubeb-1230.'
length, to establish the ineligibility of a person
holdiDg an office of trust or emolument to a seat on
the floor of the House. He concluded, by stating
that he regretted his convictions compelled him to
vote in favor of the resolution.
Mr. Haywood obtained leave to address the House,
stating he came unprepared to take part in the dis
cussion. He maintained that his arguments re
mained, not only untouched, but unanswered, and
made a condensed recapitulation of his former argu
ments, in a very impressive and able manner.
Mr. McKay moved to postpone further considera
tion of the case until the 15th of January. Reject
ed by a vote of 93 to 11.
The resolution then passed yeas 92, nays 8, as
follows :
For the resolution. Messrs. Baird, Blount Bridg
ers, Brummell, Bryson, Bullock, Burke, Byrd, Cald
well of Burke, Caldwell of Guilford, Chambers,
Clapp, Costner, Cox of Jones. Cox of Pitt Craven.
Dancy, Dickson, Dockery, Dortch, Drake, Dula, El-
ler, ragg, Farrow, Ferebee, Fleming, Foy,1GaiLher J
of Chatham. Green of Franklin, Hall of Rowan. Har
grove, Harrington; Henry, Hester, Hill of Stokes,
Higgins, Holdsclaw, Jones of Oronge, Kerr, Kirby,
Leake, Leffers, Lewis, Love, Lyon, McCottcr, Mar
tin, Masten, Meares, Moore of Chatham, Moore of
Martin, Morchead, Morgan, Newby, Norman, Nor
wood, Outlaw, Pritchard, Purdie, Ransom, Reagan,
Ripley, Roncy, Sanders, Scales, Shaw, Sherrill, Si
monton, Simpson, Smallwood, Smith, Speer, Stan
ford, Stephens, Tomlinson, Thompson, Thornburg,
Walker, Wallace, Walser, Ward, Whitfield, Wilson,
Williams, Windley, Woodfin 92.
Against the resolution. Messrs. Badham, Baxter,
Burns, Hill of Halifax, Long, McKay, Reeves, Speight
8.
The House then adjourned.
RALEIGH: SATURDAY. DEC. 18, 1858.
HOLDEN k WILSON, State raixTEES,
AXO
AUTHORIZED PUBLISHERS OF THE LAWS OP THE CJCITED STATES.
Board of Internal Improvements.
Gov. Bragg, in submitting to the Legislature as
IPrcsident ex officio of the Board of Internal Im-
proveraents, the biennial Report of said Board, says :
! "A recital of the duties performed by the Board
for the last two years, must satisfy .the General As
sembly, as they think, that they now have little dis
j cretion as to the management of our public works :
and it appears to the Btfard that these duties might
well be discharged bytthW Governor alone. While
saying tins, howeverfhe Board believe that
State should have an blficcr, with or without such a
Board of Internal Improvements as we now have.
possessing requisite skill to supervise and protect
the
imumi ui iub ouiie in ail ine companies m
i which she is interested, and clothed with sufficient
l power to enable him to do so.
j The present Board of Internal Improvement have
j not the power, and if they had, the members there
I of have not the requisite skill and knowledge of
such matters to enable them to protect the interest
j of the State. They believe that the appointment of
bucii an omcer would save the State large amounts
in the expenditures to be made, or at least would I
serve as a cnecK upon cxtraTagance or improper ap- I
plications of public money ; while his reports to the
Legislature would always furnish them with reliable
information as to the construction, management and
business of all the companies in which the State is
interested. ' ...
The suggestions of the Governor are entitled to
much respect and to the attentive consideration of
j ine uenenu Assembly; but we have thought for
some time that the internal improvement interests
of the State, which have become so important dur
! ing the last eight years, would be better cared for
j and protected by a Board of Public Works consist
j ing of three gentlemen, elected by the Legislature,
i or by the people, adequately salaried, and whose cn-
"Ntiro time should be given to their dutieSyOf course
I theTSfablishmcnt of such a Board would supersede
j the present Board of Internal Improvements. It
would also disconnect the Governor from the public
works, in case the Legislature should think it expe-
I aicni 10 uo so, leaving the appointment of Directors
and the supervision of these works to the Board
proposed to be established.
We make these suggestions as a citizen of the
State, with all respect for the opinions-of the Gov
ernor and the Legislature, and from a sincere desire to
advance the improvements in existence and in pro
gress, and to protect the State's interest therein.
E. G. Haywood, Esq. It will be seen, by the
House proceedings of yesterday, that the seat of this
gentleman in that body was vacated by a vote of 92
to 8. Mr. Haywood spoke briefly in defence of bis
right to his seat, and was replied to at length by Mr.
Smith, of Hertford, who argued to show that he was
not entitled. Mr. Haywood rejoined ; after which
Mr. McKay, of Cumberland, moved to postpone the
further consideration of the subject until the 15th of
next month. This motion was negatived by a large
majority, and the House then voted directly on the
question.
A 44 writ of election " will now issue under the
hand of the Speaker, directing an election to fill the
vacant scat to be held at such time as the House
may designate.
Mr. Clixgxax's Movement to abrogate the Clat-
tox-Bclwer Treaty; On Monday last Mr. Cling-
man introduced into the Senate some resolutions de
claring that the abrogation of this treaty is 44 de
manded alike by the honor and interests of the Uni
,on," and calling on the President for the correspon
dence between this government and the governments
of Great Britain and Nicaragua on the subject Mr.
Clingman accompanied his resolutions with some re
marks, which shall appear as soon as we can make
room for them.
Treascrer's Report. This interesting document
has been printed and laid before the two houses of
the General Assembly. We have prepared some ex
tracts from it- which will appear as soon as we can
find room for them.
The Senate in Executive session on Wed
nesday, ratified the United States' treaties with Ja
pan and China, and confirmed J. Glancy Jones as
Minister to Austria, Mr. Preston to Spain, and Mr.
Ward to China.
Z3T We are indebted to Messrs. Reid, Clingman,
Craige and Ruffin, for documents; and to Hon. L.
O'B. Branch for the Daily Globe for the session
for which they will please accept our tiwp,
Vora or IfcDowzu. fob tub Railroad. We tra
ders tand that the majority east In McDowell for a
subscription of $50,000 to the Western Extension,
.71: tOl Yil.TU;
We cordially concur with our mends of the west
efri SeiUineL. in the following remarkstn relation to... .
the proposed County of ' AHetny. ;It fa indeed
hard that the Western people, many of whom know:'?
the State government only as it approaches them for
taxes, which are expended elsewhere, and' never -among
them except in rare instances, should he de--
nied the privilege of erecting Court-Houses and oth .
A
3
.1
- .
r
er County .buildings with their own money, so as to
rcouir um sammisirauoa-. ot jusuob Atyusg Mien..;.
selves more convenient" and more tolerable' than if '- rr
now is. - "Let justice be done, though the heavens ,
should falL" The East has the Senate, and the :'
West has the Commons ; and surely, surely.no risk
can be incurred by Eastern gentlemen in allowing '
new Counties to be formed in the West, where the i -population
is'suffident to" justify the formation pro-' '
-posed. The face of the country, and the condition
of the roads in many parts of the West are such as
to render ten miles of travel there equal to twentj
in the East Besides, new Counties will not be en . -titled
to members of the House until 1872, but wflT ' '
continue to vote as heretofore with the Counties
from which they are formed In 1872 another ap- -portionment
will have to be made, at which time, it
is true, every County will be entitled to at least one -
member. But who can foresee what 1872 will bring " ;
forth? - - : '
We submit these observations with all deference .
and respect for others, and certainly with no wishT -to
reflect vpon flfiiy j)vTh&ttt
says:
"The bill proposing to establish a new County, by
dividing Ashe, to be called Alleghany, has passed
the House of Commons, and is in a fair way to be - -carried
through the Senate,
We sincerely hope that this measure will meet ,
. with success. The immense scope of territory em
braced in Ashe county, the number of her popula
tion, and the almost insurmountable barriers with '
which her people have to- contend in getting to .
Court all call loudly for a division to be made, and
a new County to be established. - -
Allen Gentry, Esq., the able and attentive Repre
sentative from Ashe, deserves great credit " for .the" "
energy with which he has carried the bill through
the House,"
' The Legislature .-
, si
On Tuesday, the two houses of the . Legislature
gave unmistakable evidence by their votes, that they -are
not satisfied with the Geological and Agricultu
ral Survey of the State.
In the House, on Wednesday, the case of William
P. Taylor, a preacher of the Gospel, and one of the
sitting members from Chatham county, came up for
consideration. Mr. Taylor spoke for about half an
hour in defence of his right to a scat and was fol
lowed briefly by Messrs. Kerr, Morchead, and Hall,
of Warren. The House, by a large majority, con-v
firmed Mr. Taylor in his right to his seat This
decision, it is understood, was arrived at upon the
ground that Mr. Taylor, though a preacher of the
Gospel, has not been, and is not now, in the lan
guage of the Constitution, " in the exercise of the
pastoral function." j .
See proceedings in to-day's paper, of Tuesday and
Wednesday.
g2gT" We are pleased to see in the City the Hon.
W. W. Avery, of Burke county, late Speaker of the
Senate. - Mr. Avery is in excellent health, and is
warmly greeted by his numerous friends. -
Judge Ruffin and the Hon. D. L. Swain, Commis-
sioners of the Sinking Fund, are also in the City.
Their Report, "we learn, is expected soon. We re
gret to learn that Mr. Edwards, the other Commis-
soneri js qp&te indisposed at his residence in War-
ren.
Judge Ruffin has accepted the appointment of Su
preme Court Judge, tendered him by the Legisla
ture. The Supreme Court.
Will commence its winter term in this City, on
Thursday, the 30th day of December. Causes will
be called as follows :
Jan. 3, those from the I circuit
10,
17,
24,
31,
7,
V
II "
III "
IV "
VI and VII circuits.
Feb.
Substance of the Charge of Judge Biggs.'
Substance of part of the charge of Jtoge Biggs to
the Gmnd Jury in the Circuit Court of the Cni-
ted States, Sbcember Term, 1853.
44 Every person employed in the care, custody or,
conveyance of the mail is required to take an oath,-
that he will faithfully perform all the duties required
of him and abstain from anything forbidden by the
laws in relation to the establishment of the post of- f - 9
flees and post roads within the United States. The $ f,
law authorizes the Post-master General to give in
structions to Post-masters relative io -their "duty;
and in pursuance of this authority, the Post-master ' "
General has adopted regulations which have been " .
sent to every Post-master in the United States. -
The duties of Post-master must be performed per-
sonally by the Post-master, or by a sworn assistant "
or assistants ; and no other person is permitted to .. . ,
assume to perform such duties. It is forbidden that " jf 1
any person be employed as assistant or clerk in any
post office, or as mail carrier who shall be less than
16 years old A Post-master is not permitted to
suffer any person whatever, except his duly sworn
assistants and clerks, and letter carriers who have V
been also sworn, to have access to the letters, news-.
papers and packets in his office, or to whatever con-
stitutes a part of the mail, or to the mail locks 'or " ' .
keys. And mails should not be opened or made up '
within the reach of persons not authorized to handle . V . .
them. ; .
It is notorious that these important and necessary
laws and regulations are constantly violated, par- .'
ticularly in the country post-offices. ' Many persons
seem to think it useless to enforce with rigor, these -.
salutary regulations at the small post-otnees ; but '
they forget that through these offices pass the most' '
valuable correspondence and remittances, and there.
as well as any where, these r; gulations should be
I strictly observed. . By others it is thought, that one - -m
wno can rcaa ana write, wnai ver may be his age
or character, can properly at..nd a post office or
carry a mail. And how-often" . we sec the United
States mail in the custody ro: charge of boys to
whom we would not confide th most trifling matter -
of business or an article of the most trivial value.
From the slightest acquaintance with the country ,
post-offices, and many of the ti-wns, all know, that
in openiog and handling the mail, unauthorized per-, l.i
sons frequently open and make up the mail, and that - -Post-masters
discharge these important duties in "
the presence and within reach, andoften with the assis
tance of persons entirely unconnected with the post- ,
office. These things ought not so to be. - The pub-
lie have a right to require the utmost security the
laws afford. These very censurable practices ought '
to be reformed. I call your attention particularly.
to the subject and charge you, thai if you have per-;
sonal knowledge of any violation of these highly
useful laws and regulations you should present the
delinquent Post-masters, that they may be properly "
dealt with. ' Some examples ought to be maue to
ccrrcct, if possible. Ibis growing evfl. If citizens
assume the responsibility of offices, and such as
post-offices in which the public are so vitally con
cerned, they must understand that proper care and
diligence and conformity - to .law,- are expected and'
required, and that negligence so great will be visited
with certain rebuke and punishment - - -t -
In this public manner I deem it proper to notify
Post-masters and the public generally, of -what, in '
. my dpinion. Is a serious evihin the administration'of - l
the Post-office establishment; and that in this Court, :
. when a proper case presents itself no infraction of
these regulations for the security of the mail will .
be tolerated in the slightest degree, but Wfii be pufr" '
UrOiwttUulricdri
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