Newspapers / The North Carolinian (Wilson, … / Nov. 20, 1858, edition 1 / Page 2
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THE GOVERNOR'S MESSAGE. Executive Department, ) Raleigh, Nov. 16, 1858. J To the Honorable, the General Assevibly of the Slate of North-Carolina : The meeting of the representatives of the people in Generul Assembly is always a matter of public interest. Clothed as they are with the exclusive law-making power of the State, with no check upon its exercise, when consti tutionnlly employed, save that of public opinion and with' authority also to elect persons to fill high and important stations, not only in the State, but in the councils of the Federal Gov ernment, we can well see why the assembling of such a body should excite the liveliest inter est. IJ at w hile this has been usually the case with regard to Legislatures which have prece ded the present one, it is emphatically so as to this. Questions of State policy and dnty of very grave importance, it is known, will be pres ented to yon, as to some of which, doubtless, much diversity of opinion will be found to exist. In a government constituted like onrs, these differences of opinion will always prevail, not only between political parties into which a com munity may be divided, but between the mem bers, eveD, of the same party organization. Such differences, however, are but the result of that freedom of opinion to which all are en titled, and for the preper exercise of which no one ought to complain. I doubt not that yon will be prepared to give to ail matters upon which yon may be called to act, a careful consideration, and I trust that in doing so, your counsels may be so guided as to promote the general welfare of the iS'tate. In the discharge of my duty, I shall, in this communication, lay before you Hich views and suggestions of my own. as I deem suitable to the occasion. The first subject to which I invite your at tention is the very important one of the State debt and finances. In reply to a resolution of the last General Assembly, the Public Treasurer reported the bonded debt of the State to be, on the 13th December, ISoC, $5,153,802 55 Of which has been since paid a bond to the trustees of the Lmversity of North Carolina, 6,000 00 $5,147,802 55 This debt has ben since increased by t tie amounts and for the purposes follow ing : Consolidating inter est with principal on bonds to Lite rary Board, by res olution of the last General Assembly. $ 25,202 15 Bond t o bank of Cape Fear, for loan, 41,000 00 Bonds for Fayette ville and Albe marle Plank Road, 20,000 00 Fayettevilh: and War saw Flank Road, 6.000 00 Lunatic Asylum, 2l,0.;0 00 Atlantic and North Carolina Railroad for balance of subscrip tion, 533,500 00 Lunatic Asylum, un der act of last Ses sion for enclosing grounds, te., 35,000 00 Subscription to Ches apeake and Albe marle Canal Com pany, 250,000 00 Loan to Atlantic and North-Carolina Rail Road Company. 400,00ft 00 Western North-Carolina Railroad, 400.000 00 1.731,702 45 SG,S79,505 00 Making the bonded debt of the State upon which she is primarily liable, at this time, six millions eight hundred and seventy-nine thous and, hve hundred and five dollars. Of this amount, the payment of the principal and inter est ot tlie sum ot 8400,000, loaned in State Bonds to the Atlantic and North-Carolina Railroad Company, is secured by a deed in trust on the Uoau and other property of the Com pany, in comormuy to tne act ot last session authorizing the loan. So far the Company has tailed to pay the interest of the bonds. It is hoped, however, that, when fairly in operation, it will be able to do so, and relieve the State to that extent. I will state also that, for two years last past, tlie totate has oeen compelled to pay the inter est upon bonds of the Cape Fear and Deep mver navigation Company tor $300,000, by reason of her endorsement thereof, and that she is liable in like manner for the ultimate l ay incut 01 uie principal as it lalls due, one- third in the year 18G5, the like amount in 1815 and the residue in 1885. U nder existing laws, State Bonds are to be issued as follows: For balance of first subscription to Western North-Carolina Rail road. For subscription to same, made 10th August last, under act of last session, to complete the first section ofthe Road to Morganton, $200,000 00 440,000 00 Making, $G40,000 00 These bonds, in all probability, will be called for, and issued before the meeting of the next General Assembly. It is proper for me to state also, that there lias been, for some years, a floating debt due by the State, kept on foot from year to year, by resolutions passed from time to time by the Legislature, authorizing the Public Treasurer to make temporary loans to pay the labilities of the State, and which loans have been annually paid o'S upon the coming in of the public taxes. The amount of this debt has been gradually increased by the payment of interest on tliest; loans and the excess of appropriations over tlie receipts from revenue, until it reached near the end of the last fiscal year, about the sum of $302,418. This debt has been a serious inconvenience,1 I may s nr, i:i fact, an incubus upon the Treas-j ury, and will continue to be so, unless some permanent provision is made for its relief. 1 1 fs true, tlie debt was discharged out of the incoming revenue at tiie end of the last fiscal year, but it lias left a vacuum in the Treas ury to that extent, which must be supplied by new loans, or in some other manner, before the incoming of the revenue for the present fiscal year. lit fact, it is the opinion of the Public Treasurer, as you will see from his estimates, that, if temporary loans are resorted to the amount of tlie floating debt this fiscal year will exceed that of the last, and that about the sum of$.4t00,000 will be required. This amount taken from the revenue to Ik; paid at the end of this fiscal year, would nearly empty the Treas ury ;:nd leave it without means for the next twelve mouths. The monetary difficulties experienced thro" the country in the fall of last year and for several successive months thereafter, fully proved the impolicy of trusting to the resource; of such loans to preserve the credit and honor of the State. It gives me pleasure to say that, in this emergency, our banks, with som two or three e.vccorioas, came to the aid of the State, I and thus enabled the Public Treasurer to meet all her engagements. It seems to me to be a matter of the first importance to relieve the Treasury from this burthen and to place it upon such "footing for the future, that a like hazard may not be a sec ond time incurred. Of the bonded debt of the State, of which I have given a statement, there will fall due of principal, from time to time, in the vear 1859 $200,000, and on 1st January, 1860,"$500,000. Provision must be made by you at this session to meet these debts, and Thold it almost as im perative that you should also provide for the floating debt, as estimated by the Public Treas urer, making together about Eleven Hundred Thousand Dollars How it is to be done is a matter well worthy the consideration of every one who has at heart the best interests of the State. We cannot raise the amount bv tax ation in the short time we have to it, without imposing a burthen that would fall heavily upon the people. Nor, under existing circum stances, is it at all probable that the amount could be obtained by loan, npon such terms and for such time as would make it desirable. The time was, but I think it has now passed, when the holders of these bonds would readily have exchanged them for State coupon bonds at a longdate. It seems to nie, therefore, that, with onr present resources, almost the only alternative left is to make coupon bonds of the State at a long date, with a provision in the bill authorizing their issue, to create a special sinking fund sufficient to pay, and inviolably pledged to pay, these bonds at maturity; and that the bonds should then be sold in the mar ket as the money may be wanted at the Treas ury Judging from the present prices of our bonds in market, I believe that saeh bonds with a fund pledged for their ultimate payment, would sell for par if not for a premium. I shall be much pleased if a more feasible scheme for re lief than the one suggested, can, in the circum stances in which we are placed, be devised by the Legislature. The books in the Treasury Department show that the revenue of the State from all sources, except from the sale of State bonds for the two fiscal years ending the 30th of September last, was for the year 1856-'7, $512,20,502, and for the year 1851-'8, $507,450.35. It should be stated, however, that about the sum of $7,000, part of the sum first named, prop erly belonged to the year 1855 '6. not having been actually paid into the Treasury, as it should have been, before the end of that fiscal year ; while about the sum of $4,000 should be added to the second sum named, for defaults by Sheriffs, which will probably be collected du ring the present fiscal year. These amounts of revenue compare favorably with those reported to the last General Assembly for the years 1854-'5 and 1855-'G. Should the revenue continue the same for the present and next fiscal year, and bonds to the amount of the floating debt be disposed of, the Treasury for the two years would realize about the sum of $1,400,000, an amount, in all proba bility, sufficient to pay the interest upon the existing State debt, and also the current expen ses of the State Government. But as to this I do not wish to be considered as speaking with absolute certainty, the estimates at the time of preparing this statement not haviugbeen com pleted by the Public Treasurer. By an act of the last General Assembly it was made his duty "to furnish estimates of the expenses of the State for two years not suc ceeding the close of the last fiscal year, and with a scheme in the form of a bill to sustain such estimates." This will be laid before you at an early day in the session. Should the form of the present revenue bill be retained, I would again, as I did in my last regular message, most respectfully remind the Legislature that there are many difficulties in the construction of parts of that act, which have from time to time been presented by the col lecting officers of the State and others to the Treasurer and Comptroller, and which should be rendered plain by a new or explanatory act. It would be out of place to attempt to detail them here, but they can be pointed out by those officers to your finance committee. I repeat what I before stated that, in cae of doubt the State is generally the loser, as col lecting officers will not, in such cases, enforce the collection of the tax, at the hazard of a suit, should they mistake the law. I desire also to call your attention to the present mode of assessing lands for taxation Every one who has given any attention to the subject, must have become satisfied how imper fect it is, and how unequally such assessments are made, not only in different counties whose lands are known to be nearly of the same value, but that such assessments are quite as unequal and out of proportion to any fair standard of value, in the several districts of which a county is composed. If the present system of valuation is retained, I think this last evil may be remedied in a great degree, by requiring the assessors for the several districts composing a county to meet to gether as a Board, after the assessments have been made and before they have been returned to court, and that the Board, so composed, shall examine and compare all the lists, and have power to increase or diminish any assess ment, as to a majority of them may seem right and proper. The list so corrected to be re turned to court as now required by law. In my regular message to the last General Assembly, I urged upon them the policy of creating a sinking fund for the ultimate dis charge of our State debt. I take occasion to renew the recommendation then made. The bill passed at the last session, inadequate as it was from the smallness and uncertainty of the fund provided, was nevertheless a step in the right direction. The fund, though small, af fords a nucleus around which a larger one may be built up. A Board of very able aod expe rienced gentlemen were appointed to manage who have heartily undertaken the important trust confided to them, and who will doubtless ay before you, valuable information and sug gestions as to its increase, what amount will be i required from year to year to meet our debts as they fall due, and as to the best means to be adopted for the preservation of the public credit. the Kailrond stocks beloorinr to the State, and not before appropriated to other purposes, onsutuie tne ctuet part of the iiikinsr fund. The receipts go far have been mainly, if not en-! tireiy, trout dividends declared go stock in the Raleigh and Gaston Railroad Company. It was hoped, and, I believe, generally expected that, after your last session, dividends would be made oy the North Carolina Railroad Com pany, at least on the preferred stock held by the State, for her last subscription of one mil lion of dollars. In relation to this a question has arisen of some importance to the State as well as to the individual stockholders, and to which I deem it my duty to call your attention. This preferred stock wsis t a keii by virtue of an act, Ch. 32, Laws 1844-5, entitled " an act for the completion of the Xorth Carolina Railroad;" and by which it wss, among other things provided that, " the State shall be enti tled to six per centner annum, payable semi annually thereon, out of any dividends of prints made by said company, before shall be paid on any other stockf In the two last annual meetin holders in the Company, it was i ketlbv Judire ! Rulfit,, the State proxy, that oa the receipts, over and above the necessary ea r&es iji opei- mled to have ating the Road, the State wasl i a dividend on her preferred si tk and that such receipts were not properly Xiplicable to the payment of debts of the Con ny, contract- ed antecedent to the passage o said act, or to new works to be constructed r if to the latter, they were only applica to such as were indispensably necessary Road. Whereas, the reports operate the he officers of the Company showed that thesi receipts were sufficient to pay a dividend tot State in each been applied of these years, but that they h by the officers of the Companyj line ilde Jf tl the discharge of existing debts, and to the count. The officers and stoc ruction ac- e'rs in the Company took a different view the matter. and insisted that the fund ha been properly and legally applied, and that t just claim to have any dividen mder the cir- cumstances. The proxy of t itsite reported these facts to me, to the end It 1 might take such action in the premises my opinion the interest of the State mig jmre. In tne conflict of opinion I did not to take any steps to assert it advisable claim of the State, but concluded to subm ie 'whole mat- ter to the General Assembly suclirfuirectious, if any, as they may think prd to 2J ve At your last session abtlt passed, ten- demur to the Bank Uf tHa 'fffiah'a resile waV i - of its charter v At a genera) meeting of 'the stock holders in the City of Raleigh, the matter was taken into consideration, and I. was informed that they declined to accept a reuewal of the charter upon the terms contained in the bill. As the charter underjwhich the Bank is now doing business will expire on first of January. 1860, although by law it is allowed three years after that time to wind lip its affairs, it will, in my opinion, be highlj expedient for the Leg islature, nt this session, to charter some insti tution of the kind, to take the place of the Bank of tlie Slate, should it go into liquidation. It has been sometimes suggested that the capital ofthe Bank of Cape Feajr might be increased to an amount sufficient to supply banking facilities to the community, and tj furnish also the means of making a safe and profitable- investment of that portion of the Ktorary fund now invested in stock of the Bank of t,he State. But it is uncertain whether the Bank of Cape Fear would accept of sucha proportion, and if that difficulty were removed, it seems to me that such an ar rangement would be objectionable. So long as we have banks of discount and deposit, it would, in my opinion, be highly impolitic to build up one overgrown institution which would have the power, in a great degree, to control the monetary affairs of the State. The same amount of capital divided between two banking institutions, with branches in different sections of the State, would be better lind safer, as each will act as a check upon the other. 1 have no particular recommendations to make as to the amount of capital or of what it s'lall consist, or as to the details of any charter to be granted. Many schemes will doubtless bej submitted to you, and I shall only express thq hope that you will be able to select one, whichj while it will hold out to stockholders a reasonable hope of fair profits upon their capital, wfI at the same time afford ample facilities to th public. Nor should it be lorgotten that suchfi au institution, properly conducted, will be ableito render im portant aid to the State in t.hiftyuiag-pment of her finances and the payment of lit? debts. Our existing laws regulating the rate of in terest on money lent, and attaching penalties to their violation, have lately, tq some extent, become a topic of discussion. The policy of such laws has been seriously questioned. We live in a highly commercial age, and it cannot be denied that in most of the great commercial centres of the world, the value of money, or in other words the rate of interest paid for its use, depends upon the supply and the demand and the risk incurred hy the lender, and that all attempts, by law, to confine the rate of interest within eertain fixed and prescribed limits have proved futile. Such being the case, it has been deemed a wriser policy to remove the restric tions as to the amount to be paid for the loan or forbearauce of money over and above a cer tain fixed rate, where no special agreement is made, and thus to allow money like property to seek its own value. It is said, how truly I am not sufficiently in formed to say, that large amounts of eapital owned by cur citizens have gone from our State to seek for more profitable investment in other States, where the rates of interest are not re stricted as by our law, and that such will con tinue to be the case to onr serious detriment. It may be doubted whether at this time capital employed in most business enterprises in this State, paying a greater rate of interest than that now fixed by law, can be reasonably ex pected to remunerate the employer. But how ever this may be, it may still be well question ed whether the State should step in and under take to say what contract may or may not be entered into by her citizens, or upon what terms they may engage in any business enterprise. Without expressing a decided opinion as to the policy of our existing laws, the subject is one of importance, and as such, I recommend it to your careful consideration. I transmit herewith reports made to me by my request, hy the Preside', and INorth Carolina Railroad JlrnmnnTiv the Western North Carolina RaW a(i Company, the Chesapeake and Albemar1e?aria Compa- ny, ana tne iape fear ana lmip River Navi- gation Company, the only work State is interested as a stockhoW now, or have been, in a course ij it which the er, wnicn are Y construction since the adjournment ot the last Legislature. These reports are not so full is they would hare been, had more time beenaf lowed in their preparation ; but they may sery to show the tlie present condition oi tnese wq ks and of the companies. In a short time I hope to be a; pie to present to you additional reports from i bese compan companies in ies, and also reports from oihe which the State is a stockholder I forbear to comment on these reports as you will have ara when printed pie opportunity to examine mem and laid before you. f : I have so often expressed mjr c Legislature on the subject of iot ments. that I deem it nnneceV ' jinions to the i-nal improve- ry to repeat rred a heavy them here. Though we have i jebt in the construction of wo f the kind, it is not one, by any means, bey. iur aoiiity to pay. Whether additional appr ions snail oe made at this session, and for purposes, is a matter which nronerlv beloi? o you to de- termine, and with you I shall I it. ommission- During- last summer a Board . ers appointed by the SecretaryVi bf the avy, undtir a resolution of the ben . States, visited the Deep RivefiV f the United untry with a view of ascertaining its suitatil as a loca- tioo for government machine b!oj ;for the man- nocture of machinery for thfc.n nited States Navy. At the head of this 4fic Capt. Charles Wilkes of t4 Na man distinguished not only in the ??ion was "'Sen tier St i.ts y dividends profession, but as a scientific explorer. I felt "the same." it my duty, in connection with many of our cit ofthe stock- 1 fzens, to extend to these gentlemen such eivi- , lities as I could oiler. A report will be made by them to the next Congress of the United States, and I have ev ery reason to believe that it will be of the most satisfactory character, so far as the existence, in that region, in the greatest abundance, of iron, coal, and other necessaries for a govern ment establishment of the kind, is concerned. Indeed, the examinations made during the pre sent year, not only by scientific men, but by those having a practical knowledge of such mat tershavh tended more and more to bring to light the immense mineral resources of that re markable region. Some of these gentlemen I have seen and i cnoversed with, and all concur in these opin ions, and especially as to the existence there of immense quantities of the most valuable kinds of iron ore. To develope this wealth, however, there was but one opinion as to the necessity of proper means for transportation. With ade quate Railroad and water facilities, no doubt was entertained by any of thm, as to the rapid development of the coal and iron interest, and that it would be speedily followed by others al most as important. I deem it my duty to call your attention to the condition of our militia system. I JTci to say that we have now scarcely anv"-r organization in the State, except wha-gTTo be found in a few volunteer companies: But few Regiments exist that have officers, or that are -.. - - .... carted out at any time to perform military du ty. Should an emergency arise, requiring the employment of any considerable military force, we should, for a time, be almost powerless for want of any organization. If a well regulated militia be of the first importance in our system of government, (and such has been the opinion of our wisest men, both civil and military,) then something should be done to infuse vital ity into that of our State, so as to place in a condition, if not of positive efficiency as a mili tary body, at least in one in which it might be made available, and its efficiency improved as occasion may require. I have no expectation that under our present laws or any amend ments thereto likely to be adopted, any high degree of military discipline or skill in the drill of the soldier can be attained. Nevertheless, I entertain as little doubt that if our present laws, with some modifications, were enforced, the system might be placed upon a respectable and useful footing. Our present system has been, practically speaking, without a head; and I assume it as a fact which I believe cannot be successfully controverted, that no military or ganization can be maintained without an ac tive and efficient head Nominally, the Gov ernor of the State is the Commander in Chief of the militia, and the organization of the sys tem seems to have been designed by our laws to bs maintained through and by means of an Adjutant General appointed by him. But the : pay of that officer, (two hundred dollars per ! annum,) is so small, that no one can expect him, under existing circumstances, to devote but a small portion of his time to his military duties. To give efficiency to the office, the pay should be such as to enable him to devote the whole or the greater part of his time to its duties, visiting such parts of the State as might from time to time require his presence, and in fusing vigor where laxity prevailed reporting to the Governor as often as necessary the con dition of things, whose duty it should be to cause the laws to be enforced, and to maintain a general supervision over the whole system. This, with a simpler aud more direct and easy manner of vacating the offices of Generals of divisions and brigades, and causing new elec tions to be held to fill such vacancies where the holders of such offices failed to eqnip themselves and review their respective com mands, as required by law, would, I believe, soon restore the organization which has been lost, and open the way for further improve ments. It is also believed by many, and in that opinion I concur, that a serious blow was struck to our militia system, by exempting from ordi nary military duty all above the age of thirty five instead of forty-five years. I submit these views with the utmost defer ence. The subject is an important one, and I recommend it to your attention. Unless some thing is done, the whole system had as well be abandoned. In this connexion I beg to renew the recom mendation made by me to the last General As sembly, that the Governor of the State be em powered to furnish arms from the State Arsen als for the use of such schools in the State as may apply for them, bonds being given for their safe keeping and return as now required of Volunteer Companies. I transmit herewiih the Report of the Direc tors of the Insane Asylum. The report con tains important suggestions and recommenda tions, which will no doubt receive, as they de serve, yourCareful consideration. line last Legislature repealed the law im posing a tax of one and three-fourths cents on every hundred dollars worth of land, and five and ojhe-fourth cents on every taxable poll, for the stmnort of the Asylum : and. for that pur- pose propriated twenty thousand dollars for eacl of the years 1857 and 1858, to be paid ouff of the treasury. Jo provision was made tot raise the forty thousand dollars appropriated, save that the several counties having patients the Asylum were required, as they had been efore, through their County Courts, to levy the amounts charged and due for their support, and cause them to be collected and paid into the public treasury with other public taxes. On the first of July last, the Superintendent of the Asylum reported to the public treasurer the counties having patients at the institution, and the sums respectively due by them, amount ing in the aggregate to the sum of $17,954 57, of which the Sheriffs paid in, with the public taxes before the end of the last fiscal year, the sum of $7,109 62, showing that the counties are yet in arrear for patients, at the institution, to the first of July last, $10,844 95, without including any thing for the support of the pa tients since that time. This fact fully proves that under the existing law, the counties can not be safely relit d on to reimburse the Treas ury in such cases It is true that the law provides that if the tax shall not be paid by any county within twelve months after it is due, the President and Directors of the Literary Fund shall deduct the amount thereof from the share of such county, in the common school fund next to be distributed, and pay the same to the public Treasurer. This, itself, would be a serious evil, as it would deprive the common schools of part of the very inadequate sums now set apart for their support. And besides, should a county fail to pay, it will be at least eighteen months after a patient is -sent to the Asylum, before the State can realize any thing in this way for his support. As the act of the last session was limited to two years in its operation, further legislation will be required at this session. If the Legis lature be disinclined, as it has been heretofore, to make the Asylum a charge upon the State at large, then, it seems to me, that some more emcient means snoiua oe aaoptea to eniorce prompt payment by the counties, otherwise the t auppurt oi me jujuuHiuu win seriously emDar- rass the operations of the Treasury. I apprehend that H will be found difficult, in practice, to have a State tax, in a county, lev ied and collected, promptly, through the agen cy of the County Courts. Such mode of levy ing and collecting a State tax would seem to be an anomaly. I can see no means of ef fecting a prompt collection of such a tax on counties, except through the intervention of the officers of the State. Should the tax be continued on land and polls, the means would be furnished in the Comptroller's Office of ascertaining what per centum npon the lands and polls of any county, would raise the amount due to the State by that county. By the law, as it now is, the Superintendent ofthe Asylum is required to no tify the public Treasurer of the amounts due by the several counties. It seems to me that a law may be so framed as to have the rate of tax ascertained on lands and polls, (being al ways sufficient to cover any loss for insolvents,) and that being reported to the Public Treasur er, it may be his duty to issue a warrant to the Sheriff of the county, whose duty it may be made to collect the tax. I submit these suggestions for your consid eration' Of course the details should be such as to protect the counties as well as the State requiring the Sheriffs to pay to the State only the amonnt due, and to account for any over pins collected to the counties. The reports of the Superintendent of Com mon Schools for the last and present year will be laid before yon, to which I refer you for in formation as to the schools. That officer, with his usual industry, soon after the rise of the last Legislature, made a digest of the laws on the subject of Common Schools, a large edition of which, as well as of the laws in full, was published by the Literary Board and generally disseminated through the State. With much skill and care he also prepared a Common School Register, which was published by order of the Board in sufficient numbers to furnish one copv to each school in the State. The cost of this publication was considerable ; but the Register will last for six or eight years, ani will tend graetly to promote order in the schools and uniformity in the system through out the State. I have every reason .to believe that the system is an improving one, and that we shall realize from it the most beneficial re sults. Experience has shown from time to time wherein onr Common School laws were defective. The legislation of the last session, I am informed, had a salutary effect in curing some abuses, and some further legislation may be necessary. But I prefer to make no par ticular recommendations on the subject, as the Superintendent, from his knowledge of the practical working of the system, is better qual ified than I am to suggest such amendments as are necessary. The amount distributed by the Literary Board for the last two years for Common Schools, was the same as that for several preceding years : that is to say, about the sum of $180,850 per annum. I transmit herewith a certified copy of a law passed by the Legislature of the State of Vir ginia proposing a joint commission to run and mark the dividing line between that State and the State of North Carolina, from the point where the dividing line betweenPittsylvania and Henry counties, in the State of Virginia, inter sects with the North Caiolina line to the Wes tern limit of this State. It will be seen by reference to the map of this State, that the proposed starting point is in the northern boundary of the county of Rock ingham, and that the line extended west passes also along the northern boundary of the coun ties of Stokes, Snrry and Ashe. I am not informed whether the whole boun dary between the two States, east, of the pro posed starting point, is known and undisputed. It is hardly necessary for me to say that it is highly important that the boundary between the two States should be well settled and de fined. While it is in dispute, questions invol ving the rights and duties of citizenship, as well as title to property, will frequently arise, and it will moreover be exceedingly difficult to bring offenders against the criminal laws to justice, because, in every indictment, it is necessary to aver that the offence was committed in some one county in the State, and to prove the aver ment as laid before a conviction can be made. The very imperfect manner in which the divi ding lines between the older States of the Un ion were originally run and marked, has been the source of no little trouble and contention. Our Bill of Rights sets out the boundaries of the State, and after describing the southern boundary, proceeds as follows : " Therefore all the territories, seas, waters, and harbors, with their appurtenances, lying between the line above described and the south ern line of the State of Virginia, which begins on the sea-shore, in thirty-six degrees thirty minutes north latitude, and from thence runs west agreeable to the said character of King Charles, are the right and property of the peo ple of this State, to be held by them in sove reignty, and partial line without the consent of the Legislature of this State, at anytime there after directed or laid out, in anywise notwith standing. " After receiving the proposal from the au thorities of Virginia, I was induced to examine our early archives with a view of ascertaining what evidence they might furnish from which the line between this State and Virginia, as originally run, might be ascertained. It appears that after mauy difficulties and disagreements between the authorities of the two provinces, an agreement was made, subse quently sanctioned by the King in council, for the runniug of the line, and that Wm. Byrd and, others on the part of North Carolina were appointed commissioners for that purpose. The line was commenced in the month of March, 1728, on the north side of Currituck Inlet, which, by observation, was ascertained to be in about thirty-six degrees thirty-one minutes north latitude. From thence the line was ex tented due west, making allowance for the va riation of the compass, to the Chowan River, which was intersected about half a mile north of the mouth of the Nottoway. The line was then turned down the Chowan to the mouth of the Nottoway, according to the agreement, and from the middle of the month of the Nottoway was again extended, due west, to the west side of the Meherrin River, about two miles from the point where it was first intersected, the line crossing the river three times in that dis tance. Here the commissioners agreed to sus pend further operations until the ensuing fall, having first made out and signed duplicate maps and descriptive reports of the line. A full report, as to this part of the line, is to be found in the journal of the proceedings of the Ijrovernor and council under the Proprietary government, now in the office of Secretary of State. I have not been able to find any ac count or report of the extension of the line far ther west among our archives, which, however, at that early day, are quite incomplete. It is highly probable, as the Proprietary govern ment ceased soon after, that the subsequent re ports of the commissioners were transmitted, ' to the royal government, and can only be found i among the papers of the colonial office England. Wra. Byrd, one of the Virginia Commission- era, left a very mil ana interesting account of the extens ion of the inc, not published until tli year 1841, under the title of " Westover Man uscripts" and from which it appears that the commissioners resumed their work in the moi th of September, 1728, and extended the line, conjointly, to a point on the Hico river, now in the county of Person, I believe, when the North Carolina Commissioners and one of the Virginia Commissioners declined to go farther on the ground that they were already far i I advance ofthe settlements and that duplicate maps of the line were made out and signed as before, and the North Carolina CommTssioru rs returned home. Whereupon the Virginia Com missions alone continued the line some seventy two or three miles farther west, crossimg the Dan several times, and farther on a stream which they called the Irvin, and terminating not far from the monntains, on " a rivulet which ran with a swift course towards the south " making the whole distance, as computed by them, from the sea shore to the terminus of tie line 241 miles and 302 poles. This terminus I believe to be in the present county of Stokes. The writer farther states, that posts were put down to show the line at the crossing of the roads, but through the forests the line was merely chopped on the trees. Subsequent accounts state- that the line was ex tended about the year 1749, by Joshua Frye and Peter JeLerson, on the part of Virginia, and Daniel We'.don and Wm. Churton on the part of North Caro lina, from Fetc-s' creek to Steep Rock creek--Peters' creek is probably the same stream, or near the same stream, as that upon which the former commissioners on the part of Virginia terminated their line. ; I have not been able to ascertain wficlher Steep Rock creek" is east or west of the present wesfra bounda ry of the State, nor to find under what authority the commissioners last named acted, in extending the line. 1 Rev. Stat. Vol. 2, p. 82. whereby Richard Henderson and others were appointed commissioners to act with others from Virginia, to exti nd and mark the line be tween tne two btates, "beginuing where Joshua Frve ana reier jenerson, commsssioners on the part of Virginia, ogether with Daniel Weldon and Wm. Churton, from North Carolina, formerly appointed to run the said line, ended their work, and if that be found to be truly in the latitude of thirty-six degree thirty minutes north, then to run from thence due west to Tennessee or the Ohio river ; or if that be found not to be truly la the latitude of thirty-six de grees thirtyl minutes north, then to run from said place due north or due south into said latitude, and thence due w est to the s;iid Tennessee or Ohio river." Thomas Walker and William Smith were the com missioners on the part of Virginia. I have not been able to find any report "rom the North Carolina com missioners. A report made by the Virginia r ommis- sioners may be seen in Henning's Statutes at large Vol. 9, p. 5fil. It seems from that, that the commis sioners could not find the terminus of Frye and Jef ferson's line on Steep Rock creek, owing as Jhey sup posed, to the dying of the timber. Thcj'jiroceedcd, however, to ascertain the proper degree of latitude on thnt creek by astronomical observation, and from Unit point computed the distance from Currituck Inlet to be, in superficial measure, 32!) miles and. making abatement, lor uneven ground. .'517 miles. or live de grees forty-two minutes west of Currituck Inlet.7' The result was. that the commissi oners of Hio two States differed in running the line, and two line? xcre run, known subsequently as Henderson's and Walker's lines. In 17!H, howevtr. the line called Walker's seems to have been adopted hy both States, with pro vision that the oldest grant from either Slate for hind within the disputed lines rhould give title to the claimant. Ilenn. Stat. Vol. 'A. p. 'ArK. I have thought proper at the hazard of being con sidered tedious, if not. presumptuous, to go at some length into the history of our northern boundary. Much, if not the whole, ofthe liTeno proposed to bo re-established, is. I am infoimed. in diVpnte. It may he that other portions of the line are also the subject of controversy. If so. these ought also to l,e well de fined. I would respectfully recommend, therefore, that the proposal on the part of the State of Virginia oe acccueu to. witn sucu moiiiiications, if anyf us moy be deemed necessary, and (hat competent commission ers be appointed by the Legislature or the Governor ot the State, under authority given lihn to do so. clothed with ample powers to run the lire hre it is in dispute and settle the boundary between the two States. Permanent land -marks f-hould be required to be put up along the line. During the rireseni year, Dr. Emmons, Sta!c Geolo gist, submitted a report on the Agriculture of the State, and the subject b ing rue of very general in terest, the Literary I'oard det n.rd it advisable to cause two thousand copies to be published. About fi'Zl copies of the femur ripost are yet on hand. I'y some means the resolutions before t tie lust Gpneral Assembly orderii-g the distribution of this report, was mislaid in Jhe hurry of the last moments of the session and did not pass. I" deemed it expedient, however, in accordance with the teims of the resolu tion, to tend copies to the several States and Terri tories, to some literary and scientific institutions, and also to a f v individuals who applied for copies and who it was thought would mate a pood use of them. Some have been id and lhe proceeds will be ac counted for by the Agent in making tale. The resi due on hand and the whole number of the Agricultur al Report, are subject to your disposition. The cabinet of minerals and geological specimens in the Capitol has been greatly inlatged and im proved, and is well worth examination, not only by the scientific and those curious in such matters, but by every one taking an interest in the mineral re sources of the State. The opportunities for collecting many fine specimens are ample, and it was suggested to me by Dr. Emmons that he be allowed to collect and add to the cabinets of the University and other colleges o' the State, which might well be done and Which I recommend to your favorable consideration. When the last revisal of cur laws was made, a reso lution wasjt'sed by the General Assembly, requiring the Governor, anong other liftings, to distribue .one copy of the Revised Code to each of tlie Magistrates in the State The resolution, in its terms., confined the distribution to such as were then acting Justices, and excluded all such a might subsequently qualify. The Governor was also authorized to make sale of other copies. So far the sales have been small, and of the edition of ten thousand copies which, was pub lished, more than half remains on hand, and unless provision is made for their safe keeping, by opening the boxes and storing the books, they are liable to be damaged by worms and other causes. As many Mag istrates have since qualified, and as they receive no compensation for their services, I recommend that a further distribution be made ofthe Code, among those who have been appointed since the former distribu tion was made, and who are now acting as Justices in their respective counties. I transmit herewith a letter from T ndy Walker, acting Governor of the Choctaw Nation, requesting that our laws and Supreme Court Reports be furnished for the use of the Choctaw Government. It is a highly gratifying fact to see the improvement made by the Choctaws in the arts of civilizatiou, and 1 doubt not it will give you pleasure to comply with the request of Mr Walker by authorizing the Governor of the State to send our laws and reports to the Choctaws in the same manner that they are sent to the several States of the Union. My attention has been called by citizens residing in the western portion of the State, and w ho were pur chasers of what wer,e known as Cherokee lands, in the counties of Cherokee and Macon, to what they consider as a hardship, so far as they are concerned. It was alleged that the lands were purchased at prices far above their value, and the State was ap pealed to, to remit such excess. By the act of 1850 '51, commissioners were appointed to value the lands, and in accordance with the provisions ofthe act, the excess of the purchase money over the value of the lands, was credited upon the bonds of the purchasers, then in the hands of the agent of Cherokee bonds. It seems that the act. in its terms, applied only to those who had not paid their bonds as they fell due and eonsequently those who bad promptly paid the full amount of their purchases got no relief. Those per sons now ask the State to r-fund to them the excess paid by them, out of the fund in the hands of the agent, or in some other way, and it se ms to me that if those who had not paid were entitled to relief, the others who had paid promptly have still stronger claims upon the justice and liberality of the State. Without repeating the reasons therefor, which I gave in a former message, I again recommend the creation of an additional judicial circuit in the State. The improvements in the grounds of the Capitol Square ordered by the last Legislature have been made, and those directed to be made ir the Capitol are under the charge of Mr Percival, a competent arch itect, and will be completed in a few clays. This work would have beet, done at au earlier day, but for the difficulty in procuring a person to do it properly. It was found after the grounds were laid out, that they conld not be used as they bad before been, as a place of depoMt, in the winter season; for fire wood for the snpply of the Capitol, without destroying, in great degree, such improvements as had been made.
The North Carolinian (Wilson, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 20, 1858, edition 1
2
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