' v . . it, '' '"' ::r-..."T!. "Se ftiJe fo 6c$, fa jjeqfr Spirit, io joqSr VOLUME CKEAnHaOTTE, 2XT. CI, IjSlTST X, 1SSS. i "4 I THOMAS jr HOLTOW, Editor & Prophiktcr. The. North-Caroliiia Whig will be afforded to ,ulacrilera at TWO IHtl.l.AKS in advance, or rwo DOLLARS ANU r lKI Y CENTS if pay. merit be delayed lor uiriic. nioiiiiia, and 1 Illir.t OOl.LAltS at the end of tne year. No paper will oe discontinued until all arrearages arc paid, ex. ccpt at the option of the liolitura. A ijvertiaenienta inserted atOne Doltnrper square ,16 lines or le, thla ailed type) fur the firat maer. lion, and 25 ceiita for each continuance. Court ad. veriieni"iit and Sheriff's Hales charged '2b kt cent, higher i and a deduction of 33) per cunt, will bo inaiia from the regular pricca, for advertiaera by .i.. ...r Advertiaeinenta inserted monthlr or quarterly, at II per aquarej for earh time. Semi. rrcinihty 73 ccnta per aqn.ra for eix.time. i T e- yll lcttera an buameaa muat e directed ao che F.ditora. Letter my at be poet-paid or they wilt be attendtd to. J J" Payment can be made to either. U" PaaUnaatura are authorized to act ai agenta. Amrrirna .Son;. Aia Sjmiktwg unJ lliight " Ti t Kn"-N"!tniig thriiitj- have a p.ttii in or 'JranBlttd frvui the (iernian, l'o piteh out gota and pitch in teti a ; . I'd art the Ijilurn aquiriiiing ! t'Hoat a 'I'he I'tti h in aoond ta relling 'round Our wuti hwor.J, and replyn g To pili h ful ahbine and piUh in f-lnr, And lii-ikc thai Nine uiuiyiiig. 'Die North and S.iiith pitch in thiir aeath, 'I'o rmtt the I- a ' L inun ; '1 i.e IiMiio-h artalti. ' 1 1 . I . ti I y to ahke. And at ml it tanr runiiii.g ' I iiuili I'he I'ltch in aound, &.C In liOy.au the country we'll til. And ail the wuflu to atriotf, Willi a Preanifiil snd Kiiow...,iiiiii btnt, 'i'iie rifhl and 'JVutli (t'-eUrili lnoacs'l'ic Pi'.Lii in kouud, &.e. Huri.ih with a iioiae for the piteh in boya tilunilii'a trur ptiliaiiini ; For thry pitrli out fi'a and p trh in thi.e W . aviear to aavc the ; .lion ! nai The I'ttc.'i in aouud, Ac. lo rilly.i'i i ''11 pi' WilK ,-.uj i:4r,i. .v thunder. S NS,,h K.ow.No.ning gu.l. and know aometliing 'a ainiii.. aillile, While the ''Jack of duna" goea under 1 Ciioais Tuc 1'iteh in aoui.d, 4 r. Our I eart and hand .Hi the pill h in haiel, Airt-ailv fjni'd in ab.ry ; lur Hu y pil h in Umc ai d pitch out ahaiue, 'I nut ill ma nu r upw ard hu y I fimai a The 1'itrh in aound la filling 'round Our watchword, and replying T plch out aharne and pilch in fame, Aud make that fame undying ! IHisccIlaiKous. 1'rom t '"'! r's Joui nnl. Tin: sewim; (iiui, A IIRAl'TIKI. T. KKETi'll. Annie Linton was the bent sewer in Mrs. Hoy's School ; an 1 the mistress declared, on in-pccting the Orst slitrt she mane nr ucr father, 'That the L'uke of lluchleiieb him- flf might wear it! This was high prai-e for littlo Anuio, who wai only eleven years of age ; and she never forgot it. Her work was the cb-ane-l and ne.ite-t ever seen. T!.5 bv did ii jo quickly , Iwr mother could hit keep pace with her daily demand for ' aomcthing to sew." I wish Annie would take to her book,' said Mrs. Linton to her Lusband. I'ut it was rpiite clear that Annie would never take to her bonk ; she had little reading and less spelling; ami yet she could 'mark (with. otton) all the letters of the alphabet, aa it tie was a vtry miracle of learning. ' Something; to sew V eagerly demanded Annie. ' Will any mowing come to this sewing I' ailed her father, with a very natural at tempt at a pun. 'Tho who do not sew shall not rea,' and little Annie, cleverly taking up her fa- ther'i meaning and her work-bag at the marriage, ' I fell in love ith 011 w ben you "me time, as she whisked past him in fear were a child, and came to our shop for your of being too late for school. ! first sew.ng. I also happened to bo pa-s- Three weeks after: Annie's learning to ing when y'I pave pattof voir first earn b a scholar,' said Mrs. Linton; ' 110 more, ings to Jessie Wilson; I was a boy then, demand lor tpaini, ' TV. afiwiMooti Ah. t...i V in nost-lf: "Iff werri a man. I'll tv came bounding into the bouse Trom at.-v..t . t..; tnU". V.,.. Lrr work-bag, which hung over her arm, ' ... 1 and puiting a screwed up paper tuto Lis hind, said : ' I here s the mowing. Her father undid the paper, and found ,, .,t. . x.,.;. . ' i..i i i ' f fi'iir half crown. Annie,' qucstimred bcr lather, ' where did this come from ; . . . . i . ii rromthe sewing, anwercii .nnic i.nigii- c. . '. n ing dclL-Mc-illy at Ins surprise, as she cs- cspedfron. s knee, and ran ou ofthcror,,,,, to de ,iy a little longer the solutiou of the - , ,. ' j ' , u'V . ., . , y . . ; ifo, said John Linton, ' it is impcwsi. ble that Annie could csrn all this by the frt of child's play girls call werk ; audi whom did .be earn it from! I'm afraid ! ill ere'a aoiurthitig wrong?' And, to tell the truth Atiniu Linton was iirartisinii a little disguise; nor had she given her lather ail the money idie bail earned. The sum origi nally was twelve shilling". Thi was all design for .r fniLtr alone ; but a ,rior claim Lad come in tbo jyay. It was cold Winter weather, and tho children of the chool brought their fnim in a sort of aquare, aro'tnd Mrs. Hoy's lire. Annie, who was a favorite of tho mistress, always occupied a warm corner close to bcr own bii chair. (In tbo day in question, Mrs. ll y hnjipencd to be out of the room 'I'll chanea scats with you, Jessio Wilson, if you're cold,' snid Annie, addressim? a lit tle girl, a very book-worm, who, clad in a threadbare jirintnd cotton gown, sat shiver ing over her lesson. Jessie thus invited, canio a little nearer. " You should put on a woolen frock like Uiiue and warm yourself well at your wotb- jcr'a fiio before you come to school tbeso j winter days,' said Aunie, scrutiniziiiy tLe l poverty struck appearance of tLe girl. mother says,' replied Jessie, 1 Unit she'd without a br tbau my schooliu 1d hS can't pny for Loth.' ! Has your mother no fire at home tl, 1 1 r com weather r asked Annie m amazement. ' No,' said Jessie. ' I wished I daro bring her with me here it's warmer than at home. And I know mother is ill, though bhu won't toll me.' 'Sit hero,' said Annie, jil, 'icing Jessie in her warm corner; 1 aud don't go out of school without me. That afternoon tha two cirl.s want hand IQ hand to Jessie I door. 'Hare you plauty to eat, if'yovt ?J tie V aked Annie. ' Tbit is th first day mother Las been forced to send me to school without break fast,' aaid Jessie, hanging down her bead, as if ashamed of the confession. ' Here,' said Annie, after a blight pause, untwisting the paper in which were depoi ted her 6rst earnings ; ' I won't go iu with you, for your mother might uot like to take it from a little girl like mc ; but' and she put two shillings into Jessie's Land 'that ii to buy you something to eat, and a fir and, if your mother can sew a.i well n- I ran ' ' ' i i . . , , . . .ftnitl .iili nirii !:, ioi ,i ii m l . I vhiiiIv l ,on t..ll her how to t i.lei.tv of mnnev tr. nv fjrbolh' No wonder Annie's riches increased ; the r.-t investment was a pood one. Nevrr t!.t ! -as the concealing of it from her parents she knew to te wrong; she feared they would disaJ'Provo ot it j ami she adrfeil to i I.... lll.l.. nravttr flt tllollt II f 1 1" V thn 1 1 C 1 1 ' t v " r i i' I I r ..,,,1 ,i,,.r i '"Z ii'fluenee which foliage and verdure,' cti'liuj of Miou b.ess latiiiT .ilia motner ; , ., , , . , ' i r . b... ;, w.., ii.t tt.t T i a,,J ' lu 'resh turned earth, have upon thu and forgive me for "t'ping seeltt that l . . . . . ' 1 i i i , ii- i ' f. nl.l It. i iiiiti'l, leaving it eoinparatuelv fixe to con- ht'iied Je-ie H ilson. Loiiiu the lucoril-, . r . ' . . , - , . , i. . . -vp hii.,r.ni I template kchics- of celestial beaut r and joy. ; ing An-clcan y up apurer jo ier to Heaven . . J J I If M I ! I'.,v,i,rv.n J O t llOsfi W llO ll .1 VC b'l t .1 fa til I KIT loCll.l- )f cour-c, Mr. and Mis. L iu vi ver soon ! , i i.i .i c ii ci , i, ,i.,. tor a ni-taiit lauiiie, there are two poitits discovered that M r ,seamvM II, of the ii"ao V i -, . . '. . t ... ii- i . . ., i ot esp.eial intere.-t coiiin-eteil v. ; ; h the made L4nin V, arebsiisc, w is ( . ' ami t . . i , . . . , . ,r ."euos they .have left behind, iheseare, source of Annie a v.. ,i.'.:i. lie aanl tl.-re . , , ,1 , i , , . , ,., , the a, tar ami the urn. It is always mtc- was no one who coul-J w n li;;e he;-, ano ' , , , , -,. ., , , ,, . ... ' ,, restini' to know who anions tl.e " solitary . sal J that he wou.tl Live eighteen iil..eeaen , , ., , , -, i, - . , ,. ,. ,. . have been "-it m laim.ies, and who 1 for the Guest description ot stn: t inakin,' 1 .111 1 1 1 1 it-,- ' .,' aruong the living have be-n iiiiinlierod with I his was no cTeat pavtiieut Ur Annie s ix- : . , 1 , , , , . .. , '. - . ,. the dead. J he union nt heart", hand, and quisite stit'hin.', tLirty years n'.'o it wouid , - , . ' .. . ' ,. ! , 1 . 1 ,1 ' 1 1 , : fortune" 1 with some, a matter ol but lit- lull: I.euiL'in iiri uiki; dim fij:ii in. enriuib. e . I Hut Annie i of thy pi . rn', not o! the past. . (1 ei i1 "11. 111 n1 ib i.n . and as she could ''" p! ele a shilt a day, her finder I . : air- swi'ti.r than a weaver's buttle, aht eaiin-d nin" phi'linirs a week. 'llool wife,' sail Mr. Linton, 'we are not r-o poor but t)at we can maintain our danghter until she's twenty, and by that t;(i(e i( the r,)t tp of lrT caril;n(r, ... "... - . - she will har little fortune iu the bank. Put this little fortune amassed but Mow- ,lv. for At-nie seldom had nine .-hilliau. t I !tbfl end of the we. k-the,e were other j ' Jeie Wilsons ' who required food nnd tire. 1 1 a il Annie been a poet, she would as turcdlr lnve written, not the son, but n 1 son of the shirt , for once when she was j questioned a tr the dull monotony of her ' work ; ' Pull lMiehtful " aid. Annie, in . advocacy of her eallinj. ' Why, with this (rare linen and fine thread, my niches seem 1 like strincirg little pearls along the wrist bands and collars !' What an anti-song of the shirt might rot Annie have written ! I Annie's eighteenth birth-day was celc brsti'd by a tea party to all seanist, e.-ses of Mr. Scainwell's establishment, win re she was now forewoman ; beside being a cheer ful, kind hearted littie creature j hclivcd V,y evervbodv. it was a compliment, Mr. s-oamwtll said, she well unserved her ad- m-rable Piiperiiitendence of the department allotted her having increased bis business tenfold. Sonic time after there wa a day of re- j..iein - in th- firm of Seair. well A Co. The father bad taken Lis son as a partner, nnd the son t"ok a partner for life the indc- fatigable little beam'tre.. Annie Liutm. There never wa a blittn r bridal. Annie ; berelf having ri-en from the rsnk bad a present for every workwoman. Indeed it win a day of present, for on that vtry morninu, and in time to be woru st the wed- ding, a shawl arrived for Anme, all the way from India an India shawl, that a Ihich- ess would have envied 1 I'pon it w as pinned a paper, on whicl. was wruicii: it ear this for the sake of one who i- now rich and hap py, but who can never forget the m i vices : you rendered to tLe poor school girl Jes aiu Wilson.' I ' Annie,' shl young Senniwell after the -.. 1 II- .!- msrrv Annie Linton ; but she's so preff 1 '...;.. 1 ',,.1,.. io-t l,r.-.iii.iiiilv ' n.,t ' . . . . -. l,eonuc T t iu n.lfiniK I ii ., ,.1111.1, she a no kind-hearted ' , v i ,i . . ti.,i r t,.,..r CO" A droll story is re'ated of an honest farmer, who, attcmptinit to drive home a bull, got suddenly hoisted over the letice. . . . , ,i .:,. i Itio-in-eriii Iniiiseit. he saw the animal on rf jo rjU , ,,;, h(aJ Bfc. t!lB , .... . i , i i, , ...i .. ,...i:i prOUIHI- J IlC g-'"'l Oil. muH immn sie.iunj t him for a mo if. nnd then shaki..,; his .. , - , . 1,1 l"ra- '1"'J ' " I'aro jour aHog..-.vou tieedn t stand there, you tarn.l eritt.r, a how , and scrap- - i '"'" ."- puiposu uuru juui eeiny jncture . &T Smith and Brown running opposite ways round a corner, einuk each othe r. ' t )h, dear.' :. ill v -i 'Ii, ' Low you-made u,v bead ring. "'That's a siitn it's hollow,' said lJrown. ' Don't yours, ring,' said Smith. ' Then that's a sign it's cracked,' said bis friend. OT We picked up a good anecdote the other day, of an old Methodist preacher, who rode a circuit a few years ago. bile going to one of his appointments ho met an old acquaintance who was ono of the mn gistrates of the county. He asked tin min ister why lie didn't do as tho Savior did ride an as. ' Because', aaid the divino, ' the peoplo have taken theui all to make magis trates of' 6.omimtnicafion. FOR THE N. C. WHIG. Tha Sunry South. Mr. Jili'or : Have vou ever conn into Sabbath evenim- and luiet of the grand old the lorest alone on a uieoiiateu ainiii the quiet ot the gran J !. . I !. wood, u-l.iln !, unit uii.,.a ftf tl.. 1, i were sweet,!,,,, tha ever- :,, tor,, ,.....' i...., a i.i i ' .. . If so. vou can form ,n, T i.lea f m,. Southeru 1,1'.. .'W bUUU IIIVIU UIUULIIIIII i nu:,' S0Inc woulri-bo great folks call life, pavCmriit , ar a ' Ticit wk': ana sinoKe, and t ; and where there is uothiue to be ; heard but the tramp of multitudes, the rattling of dray?, aud the ringing of bells. Why, sir, in this section, we consider our selves the r. asters, and cities our servants. Whatever our plantations cannot supply us with, we g;et from cities, such as groceries, dry goods, books, newspapers, and the like. Always remembering that the up-country favours us sometimes in the news line. Uut as for living in cities, where a man can scarcely get ground rnou.'h for Lis' Louse ' I" ' 1 wtit re lie rarely gets a i. - i. - i . . . i .. . i t i i uieaiu ui ir only at seeono iiano. wuere !,,lere arc 110 I"-"-' blossoms to smile at old 1 winter as hu runs away, where there are no ffarut'lS I'T l.eniis tl itmw lit nn (rrneotf t.,r Lirus to .Siiii? in, anil nninernii-j other tnon vcnieiiccs ai.d iinnoyaiiees ; as for life in such a place, I Lave nothing more to say at present, only to place in contrast with it the tranquility "f rural scenes the sooth- i, ., , 1 I'u , tt, nnr i.e ' W 1 1 I i i.T even the mr n ition ol such Mil. on amongst 1110-0 wan whom tiny have taken " sweet counsel" iu 1 former diiys, is full of interest. When '"On who is far away, hears of the funning of i smli co purtti'-i .') ijis, be is apt to inia !giue the loud hopes wi'.ieb animated the bo . solii of the betrothed Olu the gay fes liuties ef the liuT-tiul cveijni.", the iiiic.t 1 pected trials and sorrows which the now l'niT- ones are ..est.ueu o txpen. r.ce, am. tU '""'-l'"-' l-pr" ? -11, will r ca-ionaiiy over ue;r si.jriis assnaiei.es cf sun -Line in a, cloudy day, or as blooin irg wild flower.-, in :'.o t: a-.tllr's path. I be obituary column likewi-e pos.-ea. cs a iiinuri fnl intire-t. We ask as we read it, who of our kindred, friiinis, and ac quainta.iees shall v.e -ee 10 more? And in the cour-e of a year, vaiiou are the on iiouik elm nts which fll up this di partwrnt. This wek we lead of a blooming girl of fixti-en summer-, who-e sp.-i.;'..!;tr.' cje, and tnerry lanli, and s ring like smile, we re member well; but alas! she row sleep leiieath the sod, and above her fair form cedar p ay wave, and willow may weeji, and ro-es may wave their cbaplet, and fiiends may dn i their tears, but the lovely and tbo beloved one is gone. Next Week, betwei tl the black lines, we rca 1 that a rcvol'i'ionary soldier has laid httiist-lf down to sleep upon the bosom of mother earth. !! has fought on many a field ; his -cars nre a volume of eulogy which I.i friti: Is have real with admira tion I t many c.i-s past ; lie h: quailed befi're any foe, although steel, and aruu d like Ajas ; but stroycr found him at last, and the numerous battles, fell ut his fee1. a never clad in the de hero of Above the hero's narrow bed, thunders may roll, and the iiighti'ignle luay.flng, and the tiiends he loved, may talk of his valorous deed-; but he will li-t not to tha voice cf God that wrecks the sky, nor to the song which charm the Jea'ant's ear after the das' t il-, nor to the story of hi-? cwn strueejle 4.11 J triumphs in aims, " No aiiund ' nu aw.ikr lout to -lery dain." It is thus that death t v rnhiiizcs over the vouiie; and the old he has as little regard for gray hair as fcr rilvt-n ringlets: he knocks at the door of the pala-e with as little ceremony as be. knocks at the door of the cottage, niol when lie comes ;or his vie- tin,, neither the infant's cries nor the luai-' Miller, I'oetor Thomas. William. Albert are hereby authorized und require d to di ilcri'n iiniilee, nor llm mother's tears, iit the llolmeslr, Win. U rci n, A. W. lltirton, or ; rcet the Treasurer of the Statj to subscribe I soldier's sear, nor the physician's skill, nor '.the chri-tiau 3 lailb, can htay b.s relent!,- soldier's sear, nor the physician's skill, nor iiHiiu. iinen ni: e- tin- eu.i.-iiy ami - tnus 1 1 v ' 1 . .. 1 1.... ' i i ... ravaging flu words chisel stone, w Lose i world, wc exclaim in tl ,'d on a young lady's tomb incut..! remains sleep in the tol" ' . S01, of ,h o " ' tld I'omiiiion ' . hi hi'. , liuw imit.thle, how vain. Hon- -n Ih V ai.rruw, circumscribed Hit inv, A Htiro.v tsl.uid ,l, u aliirmy in A spot of 1(7, ire in a cloudy sky. i.ut is mere no rvnei irom mis gioomy picture ot lite: l nereis surely none tmf the hope - t I t-lore us in the go.-j.el. W hen vi l li.. . ..i:.. i t .. i u. lining nni'U i o a niu iiiiiikis, miu . 11. 11 hearing of the death of others, I br-vc cf-J ten sighed to 'bin!: that earths friendships are s i Iran lent. A familiar song has now and then called my i-piut away from pres ent tiiiiiL', and placed me amid the friends mm nu: rimes.,, u.y i-i uoo. , ..nu j j,,, plrs lu this Mate, and that said Iio.sk ' mav thereatt, r He eM'-mlcd 1:1 the manner have f, It sad to think that tho-e halcyon w u.n npont-il, Kliall bo kept open for the hereafter provided, to t!u -tow n ot ' Sali'-burv days are torever lied, and that the trieiids , ,p.1(.(, ,., ,i,;,-ty (;iv at least, and as long on the North Carolina Kail Ko.id. conn, et of my boyhood are dispersed a were th- . aicieafter as the Commissioners firs' ;ll-vc ' ii. with the same and , f the --a uc ,.:uc. builders of Ikibel. t ) dillerent and distant am,,,) iail direct, and that all subscrip-! and proceeding Westward to t he terinim. climes. And for such sickness ot the heart , ,ions of sto(,k ,ha;j j,e jn shares of one bun-! aforesaid, and as soon as the tii st .livi-ioti a this, 1 have found but one remedy, and ,ir(i (i,,ii..r, .v,., ,!,M.rih..r vin -.' ih,. I of the said lload sb-ili have been .omt-b-ted. . , .- lit i r that is hope. Hope telis mu day and of a brighter world. of a better It tells me of the glorious frieuds when and eternal re-union oi " No t.-rewi-ll tear are stu d." Thi low couniry, Mr. Editor, i the most beautiful country for grave yards, that I have ever sect, an exeePeticy which tiav- ellers are not wout to di-cover iu the lands I nil such sums as shall have been thus rccov wbich they visit. Yes, sir, perhaps Hone- ercd of subscribers on the first cash instal veutun, an obi grave yard three miles Lu- meiit. shall be paid over to the General Cotn luw the city of Sayaunab, Georgia, ii uu- uiua.oiici'3 btrciu before uanied, by tho per- surpassed by any grav yard in the United sons recovering them, and for failure there - States, not execptiog Mount Auburn arid ofsueb person or persons shall be personally Laurel Hill. Near the streams throughout liable to said General Commissioner before all the far Southern country, the trees are ! l'ie organization of said Company, and to hung with festoons Cir"gray moss. These tne Company- it-elf after it.-, organization to droop down from the liuibs for a distance!e recovered in the Superior Court of Law ot trom one to six teet, aud when you,"11."1" Ulls rium thu l.ounty v. liui'vits trav''1 r!lPidly tlirough, them they stalk by ' J'ou " gbosts on a i!,.rimagc." 'J'biuk men ot a ctinetery I ,u ot live oats, cy P,fsse". am' P'e, all gracefully draped , ,ifcoHtl rnuui iiiia. J hen thev Htand M,1'm" '!- fee as mourners bending in grtcf gravea of thcitle''yirted as setili ncls watching tbo d" iW the dreamless sleepers. . JL C- tombs, or vou antr aJTivfera will think my commuuicatioQ too sombre. By way of transition, li t me ask what Las become of , pue subscribers lor the payment ot the iirst J vent peisonscertihed a sloresatd. two thirds be considered as of equal dignity with the Charlotte Female College, or Academy ! 1 '"Raiment as heretofore required to I e , of tbe estimated cost thereof for complet- 'judgments mi the distrr!.utw of ts ot a, Have its foundations been laid, its walls P8.''1-all(1 uPpn their settlemetit with the ing th j said road to its Western terminu, : deceased stockholder by bis personal repre been reared, aud the too stone been car- sa'J '"' ral Coinuiisiotiers as aforesaid, it shall 1 e sub-et ibed by the State, and w hen ! sentativs. ried up with shouting! And your streets enlivened with three .vore and ten fair nu . .. juls going to aiid returning lrom tha hans of learning ? Or, has the enterprise failed ? It is an admitted. fact that Charlotte can furnish fine (stores, splendid residences, ex cellent hotels, magnificent mills, Hail Roads; and Plank lloads, r-te., etc., but that a l'e- . . . . . . . lotte, than such an institution ? Jiut I will make no minute calculations, as many cf your citizens tuovv very well Low to etc that. It is now time for us to reach the termi nus. Thou garrulous sold, hold tbv peace ! Li LACK SWAMP. Iiiiiihton, llciufort District, V. C, :ltir, 1 I 1 -.1.1 AN ACT TO IllCOl'llOralC 1 IlO WeMCrn N. C. Kai! Koiiti (.'oiiipaay. Se' TION 1. Be il enacted hy the Cruc ial As.-cmIiIij 0 the ttite of Xurth Caroltini and it is herein emu-ted by the authority uf the same, That for the purpose of construct ing a Hail lload to effect a communication betwf 11 the North Carolina Kail lioad and the Valley of the Mississippi, the formation tif a Coporato Company is hereby autlpuiz- ed under the name and style of " The Wes- tern North Carolina Kail Koad Company," and whiti formed iu compliance w it'll th?. conditions t.creinalter prescribed, shall havir a corporate cxisieiici as a body politic for the term ot ninety -unie yars. Sv-r lir it further enacted Th.it. fl.o said eoiepanv shall have power to construct a llaiiwav with cue or timr,- trunks, from the town of Salisbury 011 'the North Carolina Hail lioad. pnsaiug by, at or near as prae'.i- eablc to Matesvil'o in the County of Ire dell, 10 Bonn; point on the French liroad lli ver, beyond the lllueliidge and as the Le gislature shall hereinafter determine, to such point as it shall desiguate at a future ses sion. Yf. ". Be it I urtltiir euc.tnf, that tor the purpose of creating the Capital Stock cf said Company, the following persons be nnd they are hereby appointed 'iencral (. omuii-'i mers, namely, h. J . hrwin, 111. . Lenoir, John I. Shaver, Samuel U. I'ell and John Wilfoog ; and boo!; for rereiv ing,subseriptions for the Capita! Stock afore said, shall be opened at the following places, under the direi-iimis of the follow i ng per sons, to wit: at Salisbury, under the direc tion of J. W. KIlis-, 1. A! Davis, J. H. Jen kin, Win. Murphy, A. Henderson, "r any three of them ; at Liucolnton, L. K. Thomp son. C. C. H"iidcrso;i, 11. W. (Juioti, Win. J. Hoke, and 11. Canslcr, or any three of male Seminary ot bigu grade, is out ot the "''- -uuiuntu ine ki-qnii ujnu 01 as tno private stoekholders shall pay either question? Taking the most fordid view of ; hooks for the subscription of stock iu the , in cash or labor tlm one fourth part r.f their the subject, could anything bo more con- ""cr described, until the sum of three ' .subscription; and the paymetit thereof is du dueive to tho neeiiniarv iDlrat of Char- buudred thousand dollar shtll hftva bfen 1 lv c-uiiled to tbe Hoard of Ji.t.-ri.-al llil- tliem; nt Newton, M. L. McCorkle, 'tco. rectors shad be made, but it the day oi the ; Sctzer, Jon. 1$.. t. Dr. Caldwell, and fieo. annual election should pa.-i without any Woolkie, or any three of them ; at States- election of directors, the corporation shall villo, H. F. Sitnonton, S. V. Alexander, (1. ' not thereby be 'dissolved, but it .-hall be A. Carlton, A. W. Jamison, W. 1. Cald- law ful ou any other day to bol l nnd make , welly or nnv three of thero ; at Taylors- ' such election, in ?ueh manner ns may be viile. A. 0. McJiitosh, Win, (1. Jamep, jire-ciibed by the rules and by-laws of taid K. Wall, Alfred Carson, LV-vout Little, corporation. er ary three cf them; at Morganton, Sko. 1 it further einrrtrd. That wben J. J. lvrwin, 11. C. I'earson, C. M . Ave- ever it shall appear to t!ie Hoard of -inter-: ry, Jamcs'M. Smyth, 1'bomas G. Walton, or nul luqirovements of this State, by a c-rtili-any three cf them; at Marion, Samuel cute signed aud Sealed by said licnei.il I'ool, J. C Whiuon, J. S. l'rown, A. llig- ' Coniinissionois or a inajori: v i f liicin, that tlie gins. Legan Hiirgen.or any tiirce of them ; at liuthcrfordton, Win. Miller, Kobert Twitty, Kd w ard Hrvnn, O. lbirtlett. Ibivid Miller, or any three ot them ; at Mielhv, anv three of them ; Mockvi!!e, 1!. Hailey, any three of them ; Mockvi!!e, 1!. Hailey, 5 U-.-v. 'J li.nnas M. Yoiiitg. J. V. M,.r- i ii .Mil as .'i . tout,-', . 1. .M.ir- I'll, I., iiauuer, u- ,:nv iniee e1! llieill ; ill . 1 1 :.t .1.- . .. .1. . . Aslicville. -. . Woodhu, James. M . rat- t-m, .las. M. Smith, W. W. McDowel, M. I'atton, or any three of them ; at Hender- scnvilb", John llaxter, V. llipley. D, 15. M il- lor, . . I.cnoir and Ji.inc. I owper, or any three of them ; at llootic, under the tl i - reetion of Jonathan I hvton, Jordan Couu - t icorge N. l'olke, John llortoa and J-,. w flywcll. or any three of them. -;K, , enact,,!, That nil I rsr,,,s Ki, ..... or ho m.v i.r;l(fr il0 ' . authorized to open books for subscription of Stock by the Cominissioners herein nj'poiiit eii lor that purpose, shall open; said books, at any time after the rati lie a tion of this act, twenty days previous notic? having been giv en in some on-! or more of the public neus- ti., tiers in this State, and that said llo.sk time of making such subscription the amount nf five tier ,-rnt . ill) the same, in the ners.ni l ,... -i,.,ri..il in i..i... ,.',. scription, and in case ot failure to pay said sum, all such subscriptions shall be void, if the Commissioner choose so to declare it, or they may direct it to be recovered by suit or otherwise ; and" upon cbs.ing the books , ,ucl- Uf--J,,out re-idc, or if bo ic-i-les in ol,ltr t:'c;i ' any Curt in su. h - c-omjji inn iiui.uMawii. mm , a.o net ai .omiin.-H.ners sha.i liavcpoww in 10 Cu'1 ou aua re'O.ir,: all pcisoiis einpowetud , tj (t'(11'' ub-c, iptiou ol stoe.v ut any time - u,lJ (v"Ui t'llle t0 '"- a tuajorily ol them ut!3 tl""k proper, to make a return of the stock by them respectively received, and to i subscribwH. , .!... an persons rec ...... ....kwi ... uuiua iiiiiuv u liic . . CeMin" -ut cripiions ol stock shall pass a receipt to !fc".a' "c lu? "utJf of tuc I'WrtA Com - - , misMoners in like manner to pass tln.'ni re - ...;..-. rm ..it . i . : i t i. - ccipts ior an sinus thus rt eeiveii, ana suen receipts shall be taken and held to be good and sufficient vouchers for the persons hold - , ing the same. Sk,'. 5. Be it further etuuted. That it ' bl)a1.1 hc tllL' uty &f the said commis-ioners i, ..i.. . ..1.... .. ..i.i. . . . . r subscribed to the eajiital stock of said com- ; j'"; , i1"" 1''b 'am coiniiii.vitiiii'rs, or it iua- jority of tlitm, shall siun and seal a dupli cate declaration to that effect, vith the nan.es of the sub'ciihir nppended, and cau .4 one of the said duplicates to be de posited in the olliee ol the Secretary of State. She. (i. Be it fitrt, rr ennrtid. TLat when ever the sum of three hundred thousand dol- , larsshall be iib' i!"'d in tii'iuncr af"r the suh-crihers, their executors, adiiaiustra ' tors and as-isns, .-hall he and they are here- I.e An.. ! 1.. i... ; , .. .1 panv by the name and st vie of the " We's- I tern North Carolina Il.iil Itoa 1 Company,'1 jaiid by that name shall be enpal.de in law 'and equity of purchasings holding, leasing and corn eying estates, real, per-onal and nilXCll, and of aCUUlllIlL' the Same bv L'lft or uevise, so iar as sunn no necessary lor the purposes embraced within the score, object and intent ot tins charter, and no further, and shall have perpetual succession and by tUir corporate naino may sue and be sued, plead and lo impleaded iu any Court of law and Kquity in the State of North Giro- Una, and may have and ue a common seal wiiicu cuey may aiur nn'i renew i,r, pu-a- fllrP, a'"' "1!,V have and enjoy nil other riguis anu lminuniiies w rot u oilier CTpo- rate houies may aud ot iiL'htdoes reise, 5 and n, id may make all such by-law, rub regulations as are ueecs-ary for tl regulations as are ueecs-ary lor the .overn- mint of the e..rporat:-ti, or f.r ll'ecting the object ior w hich it is created not incon-i-tctit with the coii.-t;tut:cu and law.vf tbe Stats Ot North Carolina. Skc. 7. Bj it farther r, .-. soon as the sum of three bundr" dollars shall have been suh-eri manner aforesaid, it shall be "lie , That a thousand ed in the ut v r.f th rein to 1 icncral I oiiiiins.oers aiiennti apjioint a time for the stoekb 'M at Salisbury , w hich tin y shall I to meet causp to be previou-ly publi-hi d !or the ice of thirty days ,u one or more now-paper. as they may deem proper, at which time and place the sanl Moc kholuers 111 pel -1 or bv proxv. shall prc-eee d to elect four director of t'n company, and to enact all -ucii ly-'.ans, rules and regulation.- as may be in e.-asarv for the government of tin irporatioli and -; tbo persons the" transaction of its bu.-in elected directors ut tuis mceliii r sha.l "t-rvo for the term of one year, aud M thi meet ing the stockholders shall f;x ou the place or places where the subsequent election cf t!i- sum of three hundred thousand dollars has ' been subscribed for and taken, and the Iirt t', e per cent, raid in th. re "... the sai l lloard Win. T'.lcf Internal Improvements be and they 1 on behalf of the Stat-; for the" stock in said ; on behalf of th company t t. company to i,,e an. unit v. .-i.v liUin.iiM ua-uajim uu.uu la .111 e .1 1011 .-i-ci. in ,s.t.u ' .1. .1 1 ;.. . 1 :...,..'...- - . :.i i company. j St;c. '.". ?.- itfii.-the,-e.,. ', That upon 'be subscription of sii bundled thousand dollars as hi rein before provided by the treasurer under the direction ot tl:o I j of Internal Improvement, the State I appoii-.t tight directors in said com 1 lire! shall I'anv, r. bv who shall he apt omti d In- the iovci m I an d with the cou-i i.t of the Council of State. ' Skc. 10. Ik iff,.-, 'lee t d. That as so-u as the' company shall bo organized as aforcaid, the Hoard of l'ircctcr- ah-i'.l pro ceed to loea'e and have c on.-troeted a speedily as jiossible on the route they may deeiii best, a Kail lload wi'h one or mere tracks to be u-ed with steam power, which ! mav tliereaft, r b tended lil till ' it shad be equipped t"!' the trau-p ortati ,:, ! of ti:leii,'i Is and tici'ht and ai! le'C s-ar war, bon-es. wat. r st it, on and buildiii shall he erected, so that, such u . isiou -hail J be put in full operation he fore the 8: ate shall j be called upon to subscribe any further sum. and two thirds ot the net proceed ot part so completed, shall be paid into tl public Treasury seiiii-annualiy to be appli- ed in discharge of the interest mi the bonds issued by the State f ir said Koad. and the other third cf uctt rri.:dj shiJl b paid ' to t lie individual hto"kho!d. .-is in proportion to the stock of eacli ; and whenever nn-h division shall have been completed and in full ope ration, ami our third . it t!i. , sti:i::,!nl co-t ot th second division shall have been subscribed by solvent persons and so ei.-niS- (I as provi'leil :n seition -ight '1 tb:s art, the Mate shall suhsei i in- the 1 cinainl two tiiinls of the eMiitK.t.1 of sii' li i i i -i. n , and shall pay no nt'i with individual -t.';li-bolder.- (-ih!i payment by fiitui bcii'g in i or labor) mid when said second d'ui- -ion shall have I een coin ( ted and in full i operation, the n. tt proceed shall be applied as herein before prescribed ; wbeii the said Urst ami second shall have been comidctfd r , - . i nn'i iii iu i iji'i il li nullum I i ri ni tpm esiiftjartu him. jo. cuuimfc.jni? me :mh , Uiu.i..n shall have hecu subscribed If sol ; !'te same ahull be put in full operation, the 1 net .proceed., ahull be applied as 1 ...t .i... ........ . i - i .vesai'l, ami tin, Mate shall pay her share of the subscription pro rata a aforesaid. j Su''. 11. Jlr it fn.-thi r ew:tcd. That the manner and time of the payment of sub-crip- tion on the Dart of th State, shall a t',,1- lows namely tbu one fourth part as soon ,, ,, , provements by a eertitieate under tbo seal ' ol said company, signed by their 1 roasuror and couiitcr.-igned by their I'l'V-ident, and t tie balance either 111 part or in whole, wheu ever the payment of a pro rut-i amount, cither iu ca-h or labor shall be made by the piivate sto. khuhJcrs, and duly e. itilied to the Hoard of Internal Improvement in mauiier and form as afore mum d : prowded, ' that the State shall not be called upon to pav an amount at any one time of less than j ti'.ty thoiisati 1 dollars. Skc l-.'. Ik it further enacted, That the office" of the company shall be managed and directed by a general lioarl, to con-ist of twelve directors to be elected and up- pointed as herein-after provided, at the first and subsequent general annual meetings ;i provided, that no person shall be eligible as l'resirlent nr ilin elor nl'saiil p.-iinruinv on s be be a nsidelit citizen of this .State, and toe I .ii 11 11 line owtrr cf at least hve snares of stock in said company. S11. Id Be it further rnne'r, Th t 'ce'i.iii of directors i-linli be by ballot stock holder bavins as many vuUs ns be ha hares iu the stock of said company, and the p- rson having a tnaiority of n1! the vi.tes poii-,i shall be eon-i ler provided that m p'-r-ou I as duly elected ; -ha'l b" eli'-il'lo to M-rve as director iii said board who i not a bolder of livu shares of stock in sai l com- puny. : S.;.-. 1 1. Ii- it fnrthir eh-f'ro. Tl,.-.' tin. Prc-idtnl of the company shall be elected iytbe directors from among their tium- bi r. in s.uli luanr.er us the rogubiii-jtia of tin' eotenn-.v s'. al! nrnvir!.' M;.'. l-i. L. it '1'it'ttr r nit if, Jliatnt cessary tor said company m the construction the first liciieral Meeting of the Stockhobl- ; or repair of the road, or for effecting trans ers directed to be called under the - venth pTtation the-iv on and for no other purpose. S-ctiou of this Act, a majority f ::!! tie.- r Sr.r. it furt'irr enacted. That tho share- sii sh-ill lo bUsilli : n pre-elil. d he--, and if a sulli- fole JO'oei iiiibei' do no t appear on the dav ap. pointi d tin 11 tl.o e who do attend shall power to adjourn from tinit to tunc, tin- a regular liieioing shull thus .e lorined ; suih uic-etiug the stockholder may pro ile by a by-law a- to tlm number of stock d b r- an-1 the amotii.t of s:oek to I e held .' tbeiu w hich shall con-iitute il quorum for t be! tr Ui.-acte-n of bu-iue.'s at all s il sequent, regular or occa-iunal ii.cctiiiL's of sto'-k- I.oii, rs. Sr.'. l'b l'e it ft it'ner xatid, That nil tie. ti-ii.s ar.d upe ii a'.'; v tes taken i:i any gene) al 11 ce ting of the Stockholder upon any by-law or any of the olfiecs of sai l company, each share of stock shall be enti tled to ui:e v He, iiud that any stockholder in said company luav vote by prosv, and pi oxn.-s may the stocthol venheij in sin.-li by law may prt anner as cru e. That ll? Si:- . 1 1 . ' it 1 1.: ii, gc'icr-il eoi-.i ;ni-sioiiers turn of t1 0 shares of 1 i 1 ail make tin' re- -t-'ck subscribed for at 'lie fir-t genera! me.-tiivg of the stoek-holder- and pay over to the directors elect ed at said meeting or tin s r authorised ngert, ail sums of money received from mb-ciih-eis : and for failure thereof sl.all be liable to said company in any of the Superior Courts of Law iu this State within the conn- ty v here such deliuqui nt or delitiquei.t may reside, and in lik manner lrom ai 1 a, q icnts' i xi cutors and ea-e i-f his death ailmitiiotrators in M:c. 1'. ! if tc b.sard cf direct jrs 7'if rn'r may fill d, That the 11 vacancies the pcrio-1 ol, and in which tuny occur ni lor w hi.h thev I KIT' be, the ill 1'resii he l'ri --blent, may appoint a i-nce o ut - '(' lrom union. 're o.,. if 'J' cuts autbetitiea n-ti.rv of the be .,jM. . .',, their :iui!,!.'cr. Sk.'. !!. . t' ! all i bv A o'l contract cr agr. the l're-i lent and directors si, -ill be w -it bout a sc:il or h a uii- do of authenti- eati.-n l bv 1 aw Sk-'. IV I', i-cd as the company by tl, vi r s mav J . ' of do of .the mpiiiv t. ""or ():: I'itv call sul -cube tr . f r ! as ent ir o ball Tl-.r.t l'ie tie p iy stoek in I tin ili- iuc -n re be pub- 1 a r rt sr sum nu i in -ucli i'l-ta-'i -uq-air, i:i t'n - nt ; th io l S, .U r, - iv ill nt !l-'t'' I'l-M -': .,, I , , p, r- pubU-! 1 i'i I- I : ,:!. I,:':. t'.K' llilV ot stoekl.el'l. p-iMiii nt, mi l in fail ure ot any r ti pay such ih-taltuont a t;u tln dir dor- m ,y !! a' au"ti.ui r, ii ii;-.-,! ou a pr e i n ''ii-,' i t t n ii i . -, 1 -r c i-'i i lil I con Mip.iny I if tie- lib i. i.t of s 1 d c -in- by in-!i -t .-',.. h l'.der. t i the J'U: e!i.,s, r at -a; I sale ef stock d . : II' v t It not pi to j. ay oil theiticiiicrit.il ix;--siile, a'.d the entire amount d.;c -Tiy for such si.bsci ip:i ou of iu that ca-c, t',o wliolobabino.'' t s : l. i I be 1, Id ml may ! as due at once to said commity he recovered of s icb stockholder or bis ex- eeutors, administrator or as:;i'ns at the suit of Said t,virjavuy, ci'-bcV by td'j.tiary bio- tiott it any court of superior jurisdiiition in the county, where the delinquent resides, on n previous notice of ten days to such delinquent) subscriber or by actiou of as sumption in any Court of competent juris uirtion, or by a warrant before a Justice of the l'eaee where t!te .vim dots nit exceed) one hundred dollars, and iu ease of the as signment of stoek be lore tha whele amouut been paid to the company, then for all sumo of such torlir both the original ub-s-rihers and the first and all subsequent as signees shall be liable to the company, audi the sum may be recovered as above described. if further enacted. That ta urui ,ji si" ' hoi , rr u tic m Lilt- ru I I hhy .i..i..i ..... ii. . i.i.. ... . !... holders due to the -v,. .. .i.. .. V,i a - lucjtrri cnatr 3 vn'onai - : prj.tors or ir-t or subsequeut assignees shall jKi. v!'J. J tt further enacted, TbatsaiJ company shall i-sue certificates of stock to its membi r.s, and said stock may be trans- ferred in such manner and form as mar be directed by the by-laws of the company. Ski'. '.'3. He it I uilher cnuctcd, That said company may at any time increase its capi- tal to a sum sufficient to complete Paid road not to t-xeetU (?'',"00rou,,i) millions of dollars. e'w.'.'l. Ik it further enacted, That th board of directors shall once in every year at least, make a full renort of the elate of the company audits atlairs to a general lnceting of the stockholders, and oftener if required by law, and said report shall be laid before the board of directors, shall have power to call a general meeting of the stock holders, wheu the board :nny deem it expe dient, and the company may provide by their by-law, for occasional uicetiuirs biiug, called and prescribe tbo mode thereof, Six. 't. !! it fur titer enaclul, That the aid company shall have the exclusive right of conveyance, transportation of persons, giodv merchandize and produce over tbo said rail road, to be by them constructed, at such charges as may be fixed on by tha board of director. St'.'t. Be it 1 urthrr enacted, That said company may, where they see fit, farm out their ri'jht of transportation over said rail road, subject to the rules above mentioned, aud t!.. said coil! pa 11 v n ud ever v one w ho may hae received from them the ligbt of trans t the portatiotiof goods, wares, and merchandize each over the said rail road shall be deemed and taken to be n common carrier as respects all roods, ware, product" and mcrcbaudizo en trusted to then, for tran-portatian. Skc. i!7. Be it Jui thir cnwtrd. That tbo said conipsny may purchase, have and hod iu fee or for a term of years, any land, teno- incuts hereditaments w hich limy be neces- sary for the said rnad or the appurtenances I lure if. or for the erection of denoaitaiies. store hou-e, houses for the officer., servants or agents "f the company, or for work shops, fouii'leries. to be used lor said company, or for nioeurini' stone or nthur materials n- company sb.-ii', have a right when necessary to construct the said road across or along; any road or water course : Provided, thu sai l company shall not obtruet any publio . road without const r net ing another equally as good, and other mid may hcreatter connect with, or crisa the same upon such terms as the General A-sen.ddy may prescribe. Sk-. W!t. Be it further enacted, That wln-n any lands for right of ways may bo required by said company for the purposo of tomtnicting their rood, or for any of the uses de-i'iibcd in . V:,:on ','T of this act, and for the wan, ef agreement as to the value thereof er from any cause, the same cannot be purchased from the owner or owners, the .-aid company shall have the same pow ers to condemn all such lauds belonging to individuals or Corporations as may be need ed for the aforenamed purposes as wer granted to and conferred upon the North -irolina hail lload ( ompany, hy their act of incorpci ati ,11. shall proceed to condemn such lands in the same manner and to the same ext?i-t under the like rules, restrictions and condition, a. pro prescribed in the char ter aforesaid for the l' overnment of the said Company, nnd the -aid Company shall be entitled to hold iu fee simple all the lands belonoing to the State over and through which the said road may pass, to au extent not exceeding one hundred feet on cither side of said road, and in the absencs cf any contract, or contract iD relatien to lands thrci;h which said road in ay pass, it shall be prf-'-im- 1 that tho bind ou which said road may be constructed, together with one hundred feet on each side thereof, ha been granted bv the owner or own ers to the Company ; and the said conijo , t'.v shall have good right and title there- t' snd shall have, hold aud enjoy the s ;i ui'.1 o long as it shall be used for the s of said road and no longer, unless p; 'the owner or owners shall apply lor u i as.-es-uient of the value of said lands as 1 herein befin directed within two years ; next after that part of said road has bc. n ite:it.;d, and iu cae the owner or own 'eiof such lands, o- them claiming under 1 him, her or them, shall not apj-ly w.ilhin I two year from the time aforesaid, he or ; she or they shall be forever barred from . rreoveri.ig the same or having an asses. ' ni, -nt or compensation therefor; 1'rovided, that nothing In rein contained shall effect . the rights of ititatits, tcme cufrrts, persons - , ,.-., or i umd the scis, until tw o year ii!t'-r tie' removal of their vespectiva di-.i! i'o'ie. and the same and all the estate . af ji .--;,nl, shall be t-X'-nipt ti'Oiii taxation until the ditidtiids of profits of sail Covu j.any shall e xeeed six cent per a mi -am. s'i; . ii . i.V it fn.tl.ee tnu-ref, i bat if p, r-oti shall iiitradc upou said llailro.-td . I v any manner of u-e th. r Mt liv rigliM ' and jirivib'gcs eoiiii-.-cle 1 tin rewith, with i out j'Ci ii'i--i"ti, or coiiliarv to tho will 1 :iid company, be, s,,- i.r the uiay he in dicted for li.isdcni- auor, and upon convic itiju, may be fii -. ! ainl i.i, prisoned by any , Court Matt ot competent juriaelictioii m tun '" .. iii..' en X;h v.

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