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NEWBERN, N. C. SATURDAY, DECEMBER 1, VOLUME IV. 1821. NUMBER 193. ' I ... I I i I III I i bt Legislating Monday, So. 19, 1821. IN SENATE. . , ,;orirv of the House being nTEO and published weekly, nt (59 members,) on molion of terposition of any-new law upc "vV Bartlett Yancey, Esq. was unani- jecl At present our laws pi V.nnointed Speaker, and Gen. B. debtors bv a bona fide surrend m Covington was appoinieu rm.ipa. A without opposition. C M. Outlaw, Miller and Richard D. ;,iicht, were appointed a committee to up Rules of Decorum. " Alter chasing Robert Ray and Thomas g. Wheeler Uoor-Keepers, the Senate -J'uurned- Tuesday Sov. 20. James W. Clark was elected Assistant Wednesday ,Xov. 21. tr oai ht. of Craven, from the com mittee appointed to draw up Rules of Or r ;,)r the government of the Senate, piJea rcj)oit, which was adopted, and c.reJ t he printed. ' ihe following Standing Committees gere app iuted, viz. Of Finmtce Messrs. R. D. Spaight, WVilb.)rn, Graves, Bryan, Smith, Black, Outlaw and Miller, of the Senate. Propositinm and Grievances Messrs. Raiborne, Campbell, (of Iredell) Sea well, Hatch, Frink, Huckabee, Lindsay, and Peebles, of the Senate. Privileges and Ele-' tions Messrs. A ls tin, Gordan, Gavin, Campbell, (of New llmovcr,) Jordan, Wade, Kuffin and Per kins, of ih j Senate. Claims ilessrs. Beard, M'Leary, Van- hook sis, , Speignt, (of Greene) Kenan, Tho- Houseand Riddick, of the Senate. HOUSE OF COMMONS. Monday. IN or. 19- from Brunswick, be appointed Speaker. Mr. Lloyd nominated James Smith, from Hillsborough ; and Mr. John Hill nominated James Meb ane, from Orange. Four ballotings were had without a choice, and on the 5th, (Mr. Moore's name being withdrawn) the votes were for Mebine 73, Smith 43. . Mr. Mebane having reciveda majority cf the votes present, was declared to be luly elected, and was conducted to the Clnir accordingly. O.i motion of Mr. Styron, a writ of election was ordered to suppjy the place of G. L. Morgan, dee'd, of Carteret county, to be held on the 6th of December. GOVERNOR'S MESSAGE. Exf.cutive Office, ? Raleigh, Nov. 20, 1821. y To the IJomrable the General Assembly of the State of North-Carolina. Gentlemen To meet the represen tatives cf the people of this State, freely chosen, and bringing with them from ev ery prt of the State, the feelings and the interests of the great body of the people, h at aii tunes highly gratifying, anu par ticjlarly so at present, when we reflect iHnt peace and tranquility both at home an J abroad, pervades not only the state in liicfi we live and immediately represent, but the whole of our wide extended em pre; that our land is filled with the alonJint products of our soil ; and that iarein the peaceful enjoyment of our privileges, civil and religious, under the protection of the law, and tint spirit of fc- toleration so predominant in our t .ntrv. LnJer these considerations what cause 've we to render to Divine I'rovidencv nmt sincere thanks, for these inesti n Vie blessings which we enjoy under the '4 administration of our constitution, "th sute and federal. a mtion, our strength and safety states for- !)'4:i'led on a union of the 01 -i by a spirit of forbeaence and com I'roe which pervaded the minds and f-,nU of tlimt venerahlf? satres whn r.v 3 " - ,J that constitution under which Ltt us. on mir nart. n far nc ?"njj U)0a us cherish that same spirit J Abearance and compromise in its ad tratK,n that our father did in its th?n:M5n. Sinrding at the same time, ' ,fue Qf demarkation between the lfn and State rights. -t the Simp tima tU.t . 1 I r-w; uum ai nome anuaoroau, a'ar r .1 . v;. l, . pecuniary uistress ck"lJ exists among have unfortunately became indebted, have not been able to meet me aemanas oir 1 :' J!r in that om orironni; ' Ihn PASTEUR $ 3 1 , government has been called upon for re-j t 5 3 per annum halt in a but ;n tne resources of each individ - I ual whose Dersonal concern it is. The. expeoiency of resorting to an extension of t(ie paper system, in any shape what-' ever, is visionary and deceptive; and it appears to me that the wisest course to pursue is a regular but mild fulfilment of the lobulation of contract, without the in- pon the sub- provide that er of theirj nroueitv. mav release their persons from I i . - j - confinement, and it is believed that none ought to be too sacred to pay what is justly due; indeed, between citizen and citizen, where each is alike protected in his honest pursuits, by the same laws, moral obligation requires it. Much enquiry has been made for the causes of that pecuniary distress which has Deen so sensibly felt ; and to extend that; enquiry, it is believed by many.; and I confess myself -to be among that num ber,! that too much of our capital his been employed in commercial pursuits; that they h ve invited to an extension of credit beyml its proper bounds, and led to un warrantable, speculations, when the least' reverse of fortune ryis been sufficient to produce ruin to many who were engaged 1 in such pursuits. Then, to restore the the country to its wonted prosperity, is to afford encouragement to industry and economy, to avoid extravagance, and cultjvate that virtue which i teaches to keep our wants within our means. With respect to the Judicial branch of the government, the Supreme Court as at present organized, is new in its opera- tiort. It promises to the State a tribunal from which our citizens may expect a proper exposition of the laws. Give it. then a fair j experiment. Though, with much diffidence, I submit to the Legis lature the propriety of an amendment, authorizing the Superior Courts of Law, when sitting as Courts of Equity, to send I lilt t It W r. . k .b's . n t ' . 1 1 I i l n iiiipao Amaiontvof members being present, i . ,r. . Mr. Ilillman moved that Alfred Moore, discretion, as well as upon the af- ther it will not be proper to extend the time for filing transcripts of the record in cases of appeal. Permit me fuithpr to remark that there is one feature of the law establishing the 1 - r Supreme Court, the constitutionality of which may be doubted. It is that part which calls in the aid of a missive Judge. The language of the constitution is ex press and imperative; it provides that " the General Assembly shall, by joint ballot of both flouses, appoint Judges of the Supreme Court of Law," &c. who shall hold their offices during their good behaviour. The missive Judge receives his appointment from a different source, (the Governor of the Stat) although for special purposes, yet at the same time with all the powers and authorises of a Judge of the Supreme Court, .except the tenure of office ; he exercises the su preme judicial functions in all their bear ings upon the special causes he may be called upon to try ; but upon taking his seat in the Supreme Court the law does not require him to take the oath prescribed for a Judge of that Court. How far it is proper for the Legisla ture to transfer the ower of that appoint ment from their:' own body to another branch of the government is a question of some importance, and. however it may be decided, upon a review of the subject, if the constitution (Joes not stand in the way, perhaps a better expedient could not have been devised for calling in the aid of a missive Judge. Upon the other hand, should it be believed that the con stitution diil not sanction it, that appen dage of the Supreme Court may be dis pensed with without injury to that branch of our system. I have believed it a duty that I owe to the State to present this subject to your view, but at the same time with the most profound respect for the three branches of the government, Legislative, executive and Judicial, as wel 1 as for the great body ofthe people, whose best interest we have in charge. From various considerations, I am in duced to believe that to separate the Su perior Courts of Law from the Courts of Equity, would bean essential improve ment in our Court System. Blending the two jurisdictions together in the same hands ; for the same Judge to sit as a Court of Law to-day and as a Court of Equity to-morrow, upon the same cause, presents a sort of inconsistency not easily reconciled The separating them would have another beneficial effect. It would afford to th6 Judges of Law an opportu nity of devoting their whole time to the Q$ ot lm State j that many who ' questions of Law, with a better prospect of going through their several dockets at eacn term. In K " Y.. r D1 i Quarter Sessions, although many defects ;! offer anv substitute or to propose anv propose any change. ' i Of the jurisdiction of the . Justices out of court it has met some animadversion, both as to the constitutionality as well as the epediency of their extensive jurisdic tion. But when the right of trial by Jury is preserved, ' it appears to me that the constitution is completely satisfied which is done by our laws in the fullest extent, by granting the right of appeal iq all ca ses, no matter how small the sum.. As to the expediency or policy of ex tending their jurisdiction, is a matter of opinion. In this State it has been pro gressive for many years, as our laws bear testimony ; from very small suras up to one hundred'-dollars- and while -the Jus tices' judgments are confined to special ties, as at present, and the right of appeal secured, may .we not hope that that branch of our Judicial sys.em may be further improved. It is a jurisdiction that cov ers an immense amount of the debts of individuals, to the great saving of time and expense,! which would otherwise at tend the prosecution oPsuits in the Courts of Record. O'n criminal code has so often passed in review, and no doubt has received that consideration which is due to its impor tance, that I forbear to bring it into view wrth the exception of one point, to which I respectfully invite your attention ; that is, the punishment of cropping or sever ving the ears from the head, for certain offences. It Carries with it an act qf the most barbarous kind, and a person upon whom it has Once been inflicted, seems to be placed beyond the power of reform, which the law ought always to have in view, where the life of the offender is spared. To commute that punishment for, imprisoment, or for stripes, or for both, would, as it appears to me be better adapted to our present state of society. The organizatioivand discipline of the militia are of the' first importance, and at all times require the particular attention of the Legislature. All nations have had a military force of some kind the mili tia is the one which we have preferred, and to which we have principally confi ded the safety and defence of the State. It behoves us, then, to courage their the means of discipline, to afford them instruction, thereby to render a standing military lorce unnecessary ; tor precise ly in the same degree that one is neglected you create the necessity for the other. -Regular troops in time of peace are the proper force for local!, purposes, and to keep that force within due bounds is con fided to the general government. But 1 . i r the strongest argument that can be offer ed against an extensive military establish ment in time of peace is the facility with which the militia can stake the field. At the same time, it was never expected that they were to be solely relied on in a pro- tracted war, but they will always be your safeguard upon sudden emergencies un til rogulars can be brought into the -field The Adutant General's Return of the Militia, with the report of the number and condition of the public firms at the several depots in the State, will shortly be laid before you. the attention ot the Legislature will t naturally be drawn to the Internal im provements of the Mate. It is the most effectual means of affording due encour age.ment to the great agricultural interest, in every other respect almost entirely overlooked or neglected. To afford to that interest a safe ahd easy transporta tion of its surplus produce to market will be astimulous to industry that nothing else can produce to an equal degree. Much has been effected in exploring our difierept rivers and points of commu nication by a scientific Engineer : but much remains yet to be done in the exe cution of those plans already commenced And how far the fundi at present provi- ed will go towards their completion, is a ntsuoiect ior legislative consiuerauon. . t - ; i t . "i - I At the same time it will be borne in mind I that the Internal Improvement of the State must be progressive, according to our wealth and population, and if more has been attempted than our means at present will justify, we ought not to loose sight of the great object in view, nor dis- periencein worKs, sucn as we have undertaken, has rno doubt in a some instances, led to an improper ex- plsnditure of the funds; but when a full I corrective can be with the more certainty J view oi me wnoie erouna is laiwcn, urc applied. A report of the Board of Inter- w - nal Improvements is in a state of prepa- ration, which will oe m very snoniy com- of municated to your honorable body Pursuant to the several acts of the Ge- , neral Assembly, the boundary line be- tween this State and the State of Tennes see, has, been extended by comnftoners appointed by authority of the respective states, and it is with much pleasure I am authorised to say that the ljne has been extended to the satisfaction of all the com missioners. Their report and a plat of the line is herewith laid before you, for your consideration, and, if approved, for your ratification ; which 1 1 most respect fully recommend ; upon which we may then consider cur territorial boundary as n .... .. . . nnauy settled, with one excepti on, which C take the liberty here to state. From the report of the commissioners of the states of Georgia and North-Carolina, bearing date the 15th of October, 1819, they extended the line between the two states from Ellicot's Rock (35th N. Lat.) thirty miles due west, at the termination of which they set up a rock descriptive of the line, From the report of the Com missioners of North-Carolina and Ten nessee, now under ponsideration, the line between the two last mentioned states, it is evident, struck the Southern bounda ry of this state, (35th N. L.) many miles to the West of that point where the Com missioners of Georgia and North-Carolina set up the rock beforementioned : and whatever may be the distance be-, tween these two points thus described, it has never been designated byany authority from this state -but there is no doubt it has been extended, measured and marked by commissioners on the part of t he states of Georgia and Tennessee. It will be borne in mind that when these commis sioners extended the boundary line be tween the4wo last mentioned states, it was not known .where the line recently run by the Commissioner of North-Carolina and Tennessee, would intersect the Southern boundary of this State, and they continued ctheir line East upon the 35"th N. L. beyond the proper point and oppo site, to the place where the North-Carolina jind Georgia Commissioners set up the Rock as above mentioned, I with a differ ence of six hundred and sixty one yards due south, which may be readily supposed to have grown out of an error in taking the latitude, or the variation of the com pass. It is true that whatever difference there may be, it is believed to be in favor of N. Carolina ; but it is so inconsiderable that 1 should be disposed to believe that nei ther state would contend, and more par ticularly when the state of Georgia has been once represented by commissioners in designating that part of the line in ques tion. I have thought it my duty to make this statement, that should the legishv ture deem it of sufficient importance to re quire further proceedings, they might be in possession of the facts, ahd thereby the better enabled to give to the subject its proper direction. Agreeably lo the several acts of the General Assembly, I have caused sales to be opened and held in the town of j Waynesville, bv commissioners appoint- ed for that purpose, for the disposal of the public lands, commonly called Cherokee Lands, whose report will be laid beore the Legislatuie in due time. ' Of the lands in that territory hereto fore surveyed, and represented in the'eon nected plat and field books now in the of fice of State, which remain unsold, I res- pectfully submit to the consideration of the Legislature the propriety of reducing the orice to one dollar per acre, and so in. nronortion according to the quality, as noted in the field books provided the same I i i . . . extensive credit should be continued. I And slrfuld it be thefurther sense of I the Legislature to onng tne remainuer or i those lands not already surveyed, into iarket; the price which presents itself to I ij t . . ' J 1 ly view, wouia oe imy cem pei acrr, m i the first instance ; for it will be recollec- 1 ted that the superintendarits of the survey were directed by the law of 1819 to cause I none to bfe surveyed which in their judg- J ment won Id "not sell for that price and I :n tne event of providing for their dispo- I oai rpmnre some caution in the law I . i i ' a . a I fn Sp nassed uoon tnatsuDieci, io preveni i .lirtI4v hpreafterto be made from run- I I T ou..".T . ning into any tract or section already laid off. I Tn it, art of the General Assembly, it mi a ryiQdO fllf liLlLV ui niv. o.,....... .. - I rtWocrvPvofthose lands, to fix upon I some suitable spot for the erection of tbe ; ou. - j . . I J . , - ... sarv puDiic uuuuiiiga, wuciv section of the state snoma oe ercvieu iuw at se0arate county, and to reserve four hundred acres surrounuing me mme ior I tne future disposition of the Legislature. thev have performed that duty, which ! "hp romrniuui3 iw Scite will be found represented on the I -i am connected plat as lying on the west side the cowee oi i epoessec river, tna i Tiver forxniog one lice. The road laid off and made at the pub He expense, which passes through tha reservation, is now so far completed as to adroit the safe passage of waggons to the Augusta market in the state of Georgia, I submit to the legislature the propriety of laying out a Town UDon those lands. and to provide for J tau? portion of the lots, which would no doubt enhance the value of the lands ifi that neighborhood, as well the public those of individuals. f ' Since the adjournment of your last ses sion, a vacancy has happened in the Comptroller's office,? to supply which, by the advice of the Council of State, I gran tedj to Joseph Hawkins, Esq. of the coun. ty of Warren, a temporary commission, whr at present occupies that office. FrCxa the time that the vacancy happened, which was on the 2d day of June last, until the 1st! day of August, when Mr. Hawkins took charge of the office, the duties wtrt performed by William Hill, Esq SecreU ary of State. I submit to your considera tion the propriety of making to that gentle man a suitable compenstion for his servtv cesl i !, I' ; I have received, at the Executive office 549 pamphlet copies of the Law of tht United States of the 2d session of the Six teepth Congress, which will be , diposed of as usual. Also pamphlet copies of the Laws of several of the individual States. In the file marked A. will be found sun dry communications, from No.l to. No. 9. In the file marked B. willbe found the resignations of such Militia Officers and Justices of the Peace as havebeen rcceiv ed in the recess. The foregoing remarks, with my letter book, contain such matters as 1 have at present to lay before you. Some other matters there are, in the executive office, that will be the subject of future c6mmu nications. . . s . j . t Here I might close this address,j but permit me most respectfully,' to jfcall to . your lecollection that on theth of .De cember next, the time for which I was elected Chief Magistrate of the State will, expire. Reasons operating; upon my mind, determine me to decline a re-election. While I have adopted this course, I have to express to the Legislature that high sense of the obligations I am under to the State of North-Carolina for the many honors conferred upon, me, at vari ous times, by the Legislative and Execu tive Branches of Government,! as well as, by the people among whom I immediately reside. I have the - honor to be, gentlemen, with the highest consideration and respect your most obedient servant. J. FR4NKLIN. FOREIGN. LATEST FROM EUROPE. NEW-YORK, NOVEMBER 19 After a considerable interval, we again have intelligence from Europe. The fine ship Cortes, Cant. De Cost, arrived yesterday from Liverpool, whence she sailed on the 9th October, with advi ces sixteen days later than before receiv- ed. The Editors ot the Mercantile au- vertiser have been favoured with papers to the above date, and London papers to he! evening of the 7th ult. I hey lurnisli no political news of importance.. The winds had been aneaa ,ior vessels boiirid. out of Liverpool for about a fort night: several that attempted to come ou but were obliged to put back JA fleet of several hundred sail got under way on theOth, all f which the Cortes passed before nicht. ? The Ann Maria'i and James'Monroe, both arrived at Liverpool, 19 days pas - t - : saffe r0m tnis port. . r, ye have nothing favorable to state ot tne market. Cotton was dull and all tne accounts agree in stating that there was no prospect that the ports would beV opened for bread stuffs. ' The accounts through Fiance are fa vorahle to a continuance of peace be- tween Russia and lurkey. tne jtussian . rr . 9 w. frmns which had been ordered for the Turkish frontiers, having been ordered 1 . - . back to their old quarters. British Stocks Oct. 6th. 77 1-8. 9oth. In 'Sararro5a. and other parts of fA f-f-fllllllX irillll lUdUl 1U ate 1 Spain, all apprenensions of a revolution o 1 - - , - itiad nearly suosioeu. ieic Baiona and the neignwruwu. Qct. l.-Letters from Catalonia say, that Kiego has been arrcici by order of government., j : v ' " THE MARKET. -. . . Qtoa market for tbe week en ... -wth. was heavy, and the Io qualities of Uplands .were pressed on at a oaitie$ Qf U decline of l-4d. per lb. ine 1 1 i 6. . 1 I' I v ! t ) i I .f'
Newbern Sentinel (New Bern, N.C.)
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Dec. 1, 1821, edition 1
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