i.
. v.. .
v
"SSX -
;:T
HP-fan
- If -i ' -
't-"' -.M A !
-an
" in sena'it, S i: ; ,
j- Continuation of the De.br.te on the Bill to vest
.v -the right of Tectin-5hfe.Iij, the Pecpleof
llie t?tate-the question being.on the motion of
OXvTr.. Speight to strikeutthe first section. i
.1f2fr,'cf FrankTin.siid th object 'of the
v mot Ion matte by the. jrmtleman.'froni Grcne,,w&s
!-M destroy the bill.. He,wasawaiti-nder what
, -diad vantages he laboured, In opposing so much.
Vf ' s . ". He wa aware, that thevgentleroen from .Wake,,
- waji.jusiiy cmuicu w great ucierenc?, iroin ins
; acknowledged talentsv MUit v?wlst.1tei.,had;the
liouor. to represent county oF'Fr&riUirt; on
that ilocr, he' should Feel-t his duty' to support
V'- ' -;VV every m'aVuTe calcul
"X " ' 'n character of the
icuiaieu to auvauce me interest
the slate. - - -.
ch provides forth election" of
t tli e xjoromuni l be, wptdil not d erogat e f rorn
1 -1 v SeavyelUY
!i I frorn 0 A DarUcIe,of that dicrnitv which be-
n'. j-fvr-'lnnnw'fn 1im TI, htiVArt 'that? Ctfta 'wntiA
j i i) --v f: :s, bear hi m otit in the : ssertioni that this was .a
they widu like to be telieved fro
onsibllily acting, underl .which, they acquired
TioV afl .vantapes :they i-Teaped nov molumcnt
: Jint 'he rupjmirtedihi bill on principle. " On a pre
S"io s'occa s ton j when the '. tvfo j ect ' was agitat el ,
he bad ricft hazarded the assertion that the bill
u;ould, be attended .with incalculable advantages,
but hef "was then, as now,' unwilling to admit,
. that ahv' inconvenience would result from it'. We
A 'have had ho experience on , the subject, but if
?tfe examlniB the pri nciple, as exercised in our
; : overuuien.xf biucc us nrsi esiaoii
I , v sen' that t!e people have not
' i v ertnu?' hs to be jnemible of tl
-t rt ft n lias itt, been lsdtht w
government, 6mce its hrst establishment, it wdl
fallen so far into
their rights. ,
1: C.: : Mh n has it been sml,.tnt we constitute the
r , :- i. jr i .... . i & .'Mr Ma-1. r M ' i .
: ' rnrcf e"s'ent "here 1 1y justices of the peace ?
r -H"? .s H-'' ' r' No &tr. ' hut bv the hebole.- who.arp -ns rnmnp.
. t 7 : - r . & i r T -1 1
tent iu elect a sheriff with limiteil iurisdiction.
" ' as tolelcttsto co the
luest
h.ftthi9iteJ ncnSK&tio were not afraid to trust the
.v'-M'rjirt" eoVefnirient W 1 hc-isunwiliinsr' to - do so?
AVhen we hear it reiterated, from north , to south
and. frbm' east io wesf that it is jlanperous hot to
J l give: to 4bei njeoplei1 ekcluSitely the. riht of
electing the h ghest officers under t her censtitu
t.ioa.v jwhen our .sist er states are urging- upon us
f tlie necessity "of makirg; , provisions for ca'ryih
V tins cliahpfe into efTecV we nuyjb?aw some' safe
' conclusion, as to the propriety of delegating the
' .'power vto the .peoplev fWbeh our constitution
i was asuopteti, mere were ssouaoojejciions raised
to the aristocraticul features pf vesting too muph
s power m th hands ot toe? ftarIf "our territory
sljou'd be invadedi If the jbayohet of .a ruthhss
; jenrny glittered on our slioref,' on whom
ve call fof succor and defence ' on th
would
the iusti-
ces of the peace Jvo. but, on : the people, that
1-snme, people .whmust not be tniste., .because
they may Fair into error - Iris said from high au-;
tlloritj';, that a frequent recurrence to' fundamen
lal pi inci pies', is . absolutely necessary? to pfe
:f ; ierye ; the ; blessings of liberty; Belie ving th?a to be
V s, ?shd impresst d with the conviction, that upon
tne pnysicai.as wtu as, inurai power or tne
peop le Tiiust eyer de f "eitil for the preserva
tion a td continuance .of our liberties, he should
nevvr be aTraidt to trust tliera with the : exercise
of ny right. . . 4
To come to, the special esse under consul-
s eratioh, f who are. tbey wirfi'-wh'om the sheriff has
r denl f Vliere are "his daily haunts and what
;his daily avocations "with ' the justices how of
teu ? four we ks jn the . year, in his . inter-
' curse : w kh the" people fofty-eiglit weeks5
Fmir weeks 'in the year, he J is the offici-.!
F minister of the, court,- and 4he balance is devoted
f ? to the people iA. caise JhicJi has appeared -be-'
tore ns at this sessio:V3s" brought in id prove the
inconsistency of giving to the people this pow
- err He alluded ;to the bilf which proposes to
tuke tive, appointment "of clerks of the superior'
2 court from the judges and give it t to the justi
; ces. nThc opponents of this bill contend that it
' is; ridiculous to vest this power In' the justices,
;'.-'A'nd still wish to tasTe from tlem th privilege of
lectins slierttr. Ji llut Upon principle it was right,
; it was vixrij i6 Vest power in tlie hands of the
tfevif, when tnerhany could be trusted. s ''
' C t ThisuDjecti had ; been so -often agitated, and
VV such a variety of opinion? had been exptessed Qn
V; it, that he" flattened hirnsielt the question had set
' ? stled'dbwn" to one bfmere'expediency. He was
, wilJiiig it ishooldj have been decided without de-Vbate.-'
w Witii his "limited experience,- he could
, not erxpect to protluca cethviction on the mind of
any on', and there lpr,e felt no wish to express
jiis vi-si lt -Was hot .. because - he was afraid to
j meet the question 'afe.hmade. the' propo
. .sifion for the Committee to rise.; In conclusion
'he would sav tliat i'k one ooiild be so hardy 'as
4 'ri- to assert, the people Juve no right to call for the
i f; eXefcise of tljis poweT' khey hail called, and he
f' !L -ru-
JVIr Eiliott Jntro
Jo iredtt ; Mr. aneeti, ine petuion i jonn
:;-jlenflnkndiw
ifitrvrh d i voiced, f 1 6n eacli'tither&tid
l IldF frSftkeWuhe tttionf John?Gib
Hs')f.vDUhc Mib4ect 1 di vorcciwhicli were
. ! ' . - - i . . . ; . '.c ".- -.""-.-'," ' " a .
4"
Mr. Illlrofrianklin, presentcdvthe -me
i iHt ii t vL'pra v i t hit t h e S ta t e w i H p h ixh a se
tit t fiMjine ratcTiLt x5iu oi viuuuici
rrtw (ieeK ttlid otlertnc to take tor the
V : . ."' 5. 1 . ..- !1 "--V-rt. "'
g
;Oh motion )flri Sljarpetheiudiaary
conimitteei were instructed to eoquirp.in-,
to the ifxpelincy of so amending theiMt
lttta Lawsf iluit'JKield.UfBcers after serving
three y eais ami iHptains five lyears? tmay
A i h'aTeil ! from further serv ices- j ::
- A ' promsitiou to - ballot for a Brigad ier
Ceneraidofl
from the House ol tmunous anq agreeu io,
-K 4 Kimides Donholand jesse,BraUbliaw in
ivmiinuttohrrhebailoting cOqnjtttee sub-
cquentiyreporiFuwiav.wwuMvf
t ! ejee t ed.:va?fow; '' v . : ;
i Air; Pickett from the Judiciary xomtnit-.
tee to whom was referred that part of the
Goytsfnur Mess
cotypeiisi tionjutt jpioseci(ugOfficers,ie
ported bill to carry the suggestion of the
UoVeryor Inib eiect, eutitled v?a bill to
tMiint piit 3d dirjsctabijinarineH
'Prose6utiDi4JiucfirtsAaU".n2realter.oe
'MX;hif
V S ; Sherwodrt, ofiCuuiberiantl county ;
A W$ A I fi MDuwe jl , !t he peti tion of Samuel Jen'4
kins d. iVaricombe, prayrng to be restbred.
haid.-T M
"s . -. -i .
ini'jd and perjury in certain cases. -r'
Th6 Seriate took xip the orders of the- clay ;
atitrrcso veu rsc i inro a en nm mcc
vvlio! c, -ilr. rCf.l i n'; t he ,Ch&i P n the
bill In amend rthei emancipation; L?iwvjf-
thVStatc. rnibil prt.vides tltat.here.
afie uhetTie owner, bf Vny IaVo obtains
a licnce tomahumjti sucfv.lave, he shall
rive bond and 'security ?n 1000 thai the
slave -.shall within six months remove frrfn
the State, and never again return to reside
thcretn-l r
; 3Th: bill having been reatt the 3 second
time Iri Speight "of f Greene; -jnoved to
strike nut all thelVH but the enactingclanse,
and insert a provision ?' thaffromand afr
ter the pasinp: of : this act, it shall , riot be
lawful to emancipate' slaves in f his State,
on any pretence whatsoever.", On the ques-tion-to
adopt; this amend Nenf, a Ions; de
bate ensued, which resulted. however, hi' i ts
rejection. ' 3VIr.' Yancy then moved to' a
mend the bill by adding a new section,
which provided
afterbe1 emahcipated tn.thrs State, ejxeept
on the express condition, that they shall
leave. ! he State never more Fo return, or in
casejbeyHlo return they, shall be sold by
order of any County jCourt and the pro
ceeds beiapplieillo i countus'esl - After
some debate, this amendment was adopted,
and the bill as amended, passed its second
VeaV1ihg.v :i '-V' '
The debate which occurred on this sub
ject, will be given in the order delivered
and as soon, as our limits will admit..
Mr. Love from the Committee of Claims,
reported Unfavorably to the petition of Ko
be rt Gracy, a Revolutionary soldier. Con
curred in; j - v'j ' .',-vV' 6
Mr. Croom presented the petition of H.
Burnsf; Iienoii-, and !a bi IT founded on
thatpetition, to alter the name and legiti
mate Charlotte Fell. Read the first time.
and subsequently - the j second and third
time and ordered to be engrossed. j .
4 A proposition from the House of fjom
mons, proposing to ballot immediately for
a Brigadier-General of the 1 3th. brigade,
and stating that the name of Wilson B.
llotlgcs was in nomination. A committee
was appointed to. conduct the .ballotinjj:,
and they subsequently reported that the
above named gvntleman! was elected .
! Mr. Rid dick presented a resolution in-
structing the, Judiciar Committeeto in
quire into 'the expediency of making the
laws relative to Usury, more penal.
Mr. Hunter presented a bill concerning
Slaves employed in getting sshingles, &c.
in the Dismal Swamp.- provides that the
owner of each stave so employed must ob
tain from the Clerk. of the County Court,'
a certificate, and, if -found in the Swamp
without one to be treated as runaways. 3
The orders of the day were taken up.
The bill to amend t ie Emancipation
Laws at its third reading,
JK Scutoell hoped it would" not be taken up
to-dav. It was a subject which required to be
acted undrrstandingly on, and though it had ex
cited considerable discussion the day before,
further time for reflection was wished. Ky post
poning it until to-morrow, the members miht
become united in their vievvsi and-have. no dith
Culty in settling the questior .
The consideration of the bill, was post
poned. ; . ' vt
The next order, was the bill limiting the
time in which prosecutions for certain of
fences shall be brought, and further 'pre
scribing thJe! duty of grand jurorsj at its
third reading." - ' ,
Jlfr. Joiner;moYt& that it ba indefinitely post
poned. ' 5 -;yi' ' '.
3fh Sfiav?ell)ope this motion would not prevail,
if his friend from Pitt would witpdraw this motion,
he w0uld substitute one in which, 'when apprised
of its nature he could not but concur. They
were) both in favor of t!e principle, though
they might differ in the details of the' bill He
took it for granted, that wh, ere offences had
been j committed, and the party injured did not
prosecute rwithin three year it was a certain
evidence -.there was no good, ground of action,
and when suits were brought alter that period,
it was done from a vindictive feeling - which the
legislature should not encourage, lie consider
ed the. principle pf the bill an important one and
if the gentleman would withdraw his motion,' or if
bis Wopcisition had precedence, for he was not
acqrited with all the, technicalities, of parlia
mentary. usage, he wxnild raovt: that the bill lie
on the table and be printed. ; , i
The Speaker-said that the m tion to lie on the
table, had precedence over any other motion, ex
cept to adjourn.- It was accordingly stated and
c'.ecidctl in the affirmative. : - ' i
The bjll to prevent the miration of
free persons'of color into thi stale, and for
the good government of such persons resi
dent in the. state, was, on motion of Mr.
Hill;" postponed to Tuestlay next. '
;The bilj'to aUbvfurther time for the pay
ment of -the purchase - money on entries of
vacant Iaiids,tvvas read the second and third
lime and passed without debate. ''
The bill- to regulate the payment' of
claims agtiinst the several counties in this
state, ha v i ng been -read the se cotid time,
Mr. Forney,, l appeared to be general
in its proviaious, andtlierefore of import
ance,'' he moved that if lie. onjtlie table & be.
printed, which wasagreed to. lThis bill pro
vides thatfrom and after the passage thereof,'
claims against the several Qolin ties, within
the state, which have. been legally allowed
by the clerks of 4 the superior and county
courts, shall be registered Jby the ' county
trustees within idays after, such claims
are allowed. It further provides that all
claims' against any county issued ' previous'
to'ihe firstoP May,icf ball be register
etf bjr ijiecouhty trusteefwith i n'5 -. days
atter said first, day of - May, or be barred 4)
and -no 'certificate or claitn . which shall
not haves beeri paid (off before the said first
of May, shall be received, from any -county
trustee in the'settlement of his accounts,
u nlesitthe person.' to- whom, it is due, shall
ign ia receipt 6n the back. J r 1 :V
r Mr. JUove moved to reconsider the; bill,
passed ;thisvuiorningV concerning the ex'r
teiisio'ivof , time for pay medt "oil entries of
iatttii.tf " . ' ' ,
The Senate Jiaving agrecfd to reconsider,
.!". .". I 1 - . v 1 - ' . . 1 -
J the rbill was; amended and passed, its third
.1.
- Li r.
Forney, from the committed of In
ternal Imprnvemerits, tovijem, was: referr
rd the .bill to establish atid : rjjulate -a
Turnpike lload from the mouth of the Ttlc4
tkaseffee-Uiver' to 4; Poind estpra G-mirt the:
amoKy niouufain, on me i ennesse, line,
reported thesame witlin amendment which
was concurred in, and the bi 1 1 ,passe d ' its
- .t ' . . i:.s. i v . i
seconti ana inini reauing,..-anu vvas orucrcu,
to be engrossed. l , ';.
' The bi 1 1 t a u t h ori se t he wa rf I e h s of . th e
Poo r o f VVVash i ngtonrM coo n ty , , ttV erc t a
Poor House,- and the -bill to .pstablisha
IaorVHousc,;in the county of Wayne
which w6re ordered atfew davssince to lie
on; the table,' were taken upr read arid or
dered to be enn;fossed,l "
Tlie, engrossed tbiir from the! House,
of
Commoh.s authorising the appointment of
a. special 'Justice,of the Peace in the town
of
of Favetteville was on motion of M r. El -
lint, taken up, read the third time passed
antl onli?red to be engrossed. -r i-. ' ;
, A message was received from the tou
of Commons,, dijtagreeina: to ; the ' amend
therit- proposed byr: the - Senate?rtotthe cn
srosseth bill TequirinV the anhoiritment of
an Overseer and hands to? make big S warn p
10 Ajoiumous county navtaoie irpm.j-.en
non's.uno2e,to liumDer river : thereupon.
Mr. Burney moved that said bill be inde
finitely postponed which was carried, t?
On jnotion of Mr. For'WyV the bill regu
lating the payment of claim against the se
veral counties in the State, ordered to li
on the table yesterday, atlhis instance was
taken up, and read, and aiter filling up the
various blanks in the bill, lit -was ordered,
on motion of Mr. McK-av, to lie on the
table. . f
The bill limiting the time within'twhich
prosecutions for- certain offences shall be
brought, ami prescribing the duty of Grand
jurors 111 relation thereto, was taKen up.
On motion of Mr. Stokes the phraseology
ot the bill was, amended, and having been
read,- -:- -t- - ,
Mr' Croom said, I am opposed to the bill now
oerore tne senate ann reel bound to submit my
vjews, because all who have opposed it. have
done so on the ground of imperfections in its de
tails. It is. sir. an universally acknowledged ax.
iom in penal jurisprudence, that the certainty of
punishment is of the very highest importance, in
the prevention of crime. Indeed, to such an ex
tent is this true, that it may be confidently as
serted, that no man would tlehberately commit an
offence if he were morally certain at the time,
that punishment would folio w. The hope of es
caping punishment is a most powerful agent in
unshackling the restraints of human passions.
.Now, sir, I would ask, if this bill does not hold
out a prospect of impunity to offenders ?: Does
it not propose to the turbulent, the quarrelsome
and the intemperate part of the community, that
they may fight, make: riots and routs and violate
the laws which are made for the good order of
- JL . " ' ItU. " ill ' - 1 . .
sicieiy, as wien as iuey piease-wuii impunuy,
if they will only contrive, by a .little management
exercised by the.; witnesses or in any Otherway,
to smother the prosecution for three years ? It
certainly does. The offences too, on whxh it is
to operate, are those of most frequent occur
rence, and which most materially afTect the good
order of society. No society can prosper w'itl;-
out the j preservation of peace aid good order
among its members ; and the ;Only mode to ac
complish this is, strictly to enforce the laws made
to secure the welfare of such society 1 The bill
proposes to limit the time of prosecuting fo as
saults Nand: batteries, riots, routs and unlawful
assemblies, in a word, all misdemeanors. These
are the offences which much wore than any o
t hers disturb the harmony of societyoffences
of a higher grade are comparatively rare. It
seldom happens that there is a large .collection
of our citizens, which is not attended "with few
or many of these minor offences. There is mvt
a court in anyjcounty of this State, whose crimi
nal docket does not, at every term, exhibit pro
secutions for misdemeanors. And yet we are
called on bytthis bill to encourage the commissU
on of these offences, by i increasing the ; chances
which the culprit has of escaping. Sir; the fre
quency of these1 violations of the law and their
injuriousinfluenceon the repose of society, make
them, to my view, a matter of more importance,!
than those of. a higlier grade,-but which are not
so often committed. Le .the Iw then be rigidly!
enforced, and when an individual so far forgets
his duty as a good.citiziji, as to. commit a breach
of the peace, do not put it in his power to dis
charge himself by saving that it was done more
than three years ago.
But, say the advocates of this bill, it is necessary
to protect the innocent.! , . It sometimes happens
that persons are prosecuted for off ences of so old
a date, that they have forgo.ten all the exculpa
tory circumstances, and been deprived too 'of
their evidence by the death, removal or forget
fulness ofHheir witnesses. If we examine tbis
argument, powerful as at the first blush it would
seem to be, it will be found to bear little weight.
In our happy country, befpre a man can be pun
ished for a crime,, he must f-st be proved guilty,
or presumptively so, before a grand jury of his
county ; heC then has , an opportunity which is
seldom neglected, of employing the best coun
sel, whoplaces his defence, with' every favora
ble circumstance, before an intelligent jury, un
der the direction of an able and impartial' Court.
With all ' these advantages, his guilt must be
clearly proved by the prosecuting officer before
heis subjected to the sentence of the law. If
the offence be of great! ahtiqnity, that facjt will
have its due weight in itsfavorin every stage' of
the prosecution. Now .take the .case of staie of
fences, and 1 think t Is more probable hiuider
these circumstances, that ninety-nine guiltvj per
sons would escape - than that one innocent man
would suffer and yet we are called on. by this
bill to shield the innocent by encouraging crime.
Sir, it would be just, as rational to my mind to
repeal our penal code in toto, because it some
times unfortunately happens that innocent perT
sons are subjected to all 1 its penal enactments
AVe hare, it is true,' statutes of limitation, 'barring
the remedy for . civil rights. 1 h ive no doubt
but they have, been productive of much good '
but at the same time I must aay that - it is ques
tionable whether they have proved more a shield
than a swordswhether dishonest men have not
oftener availed themselves of their provisions to
bap honest claims, than honest men have Upre
vent the enforcement of dishonest demands.
But, Sir; it will always be found a fallacious mode
to argue from individuals to a State. .And I think
I may confidently refer to what has already been
said, to show that it would be so in this instance
Besides, the basis of our statutes of ' limitation
will fail when applied to the SUte. .They are
founded on the presumption,' that unjust claims,
after a great lapse of time, might .be enforced,
through the cupidity and dishonesty fof individu
als! But it needs no argument to prove that
this presumption will not apply to , the State.
11 isxne interest ana poucy 01 xqc aiaxe noi to
' Another argument adduced y the. friends pf
theTbill is, that it will relieve the consciences ot
He's' will reflect on their duti'oa; as .'designated: in
uraa jurora. ix seems tome, toat it urana ju
ries will reflect on their duties, as designated; in
ur J udirej will tell them, that no oiience .13
b r " ed b y tirne, which ha? seen committe'd since
' 3StabHshdeut of cur independence; i Tlieic
c-..i uuigenuy to enqTure impales ine dou
tir . .ion of an enquiry no farther than is consistent
with their being in their room, and under , the su
perintendence, ;of . the,, Court. l ney can, with
safety io their conscience,. sit in their. room and
discharge all their duties. . , Whatever is of their,
dvrfi k nowledge.'they caneasily:present, -whe
ther It happened one or twenty .years- ago, . and
arid whateve&they can learnfrpm the Knojvledge
of others, is "easily ;done by 'sending for them.
untess 1 ney. are pansneu wito itne cviaence, iney
are not boundfo 'present; sV")''.:
" Where then is this difficulty with Grand 'Jurjei
which they4 'do;ndt make therhseives.ilt is an.
unpleasant pffice lknow, but its duties are borne
bv tlie large mass of 4 the citizens, land I cannot
but belieye,'that as , we di.mu ish its burdens jlwe
shall detract from its value. l trusty sir, I have
shewn that the reasons offered by the; advocates
or mis "measure, win, nor juiiiy us in passing-a
law, whose on 'V consequence will be to multiply
those bfTVnces which chiefly disrurb the tranqui
lity and good order of society. " -t.- t ; f,y
omry was in layor pi xne principle,- our
was not satisfied with the details of the bill, t To
obviate all difficulty, bv iriviner time to make.a-
mendmets, he would move, for, the present that,
n.ijeon ine.taoie.j p-v '"
1 !Mr. Speight': of Greene hoped this : motion
would riot prevail. Almost every bill after hav
mg: ucwi reau uie secona ana.inira nme, was.. or?
dered to lie on the table to give time- for further
reflection. - No doubt every member was prepar
ed to vote on this bill, an I if any amendments
arei to be bilered why nofsubmit tbem now?
The session was far advanced, and it. was time our
attention was fixed upon some period for termi
nating its labours. . " - ' i ? ; :
r M r Fo rh ey T m th d re w h i s m o t ion : ' to I ay
on the table, and moved that it be re-committed
to the Judiciiiry Committee, which
was carried. - - : 1 'dX.J--
JMr. -Tyson, from the balloting Commit
tee for Brig.. General of, the 13th brigade,
reported that Wilson B. Hodges j was duly
elected. " -.. t -V 1 -W v, ; y ; '
. Mr. Spaigbt of Craven presented a bill
further to atnen.d the act making the pro
test of a Notary Public evidence in cer
tain 'ases. . 1 - . ' ' ;
Mf. Seawell introduced a bill to locate
the several Judges of the 'Circuit Courts
in this S'ate. Provides that Judt;e Dan
iel shall ride the first Circuit, Judge Don-,
nell the stcond, Judge Ruffin the third,
Judge Norwood the fourth,: Judge iSf range
the fifth, and Judse Martin
the
sixth.
Provides further that in any case whic h
comes on for trial, Where, the presiding
t - . - '. 0
judge n as oeen con cerneu as attorn ey, the
cause may be removed. T . ' 1
In introducing this bill,1 Mr. Seawell
made a.fetv prefatory remarks on the pro
priety of the-measure;; but Ms" no doubt
the bill itself wili-be discussetl on ts pas-
sage,
it i.-ilho't unnecessary to giv.them.
HOUSE OF COMMONS.
v . JFejnesdayJait. -10- 0
Debate on the bill for altering Jhe time of
the future meetings of the General As
'. sembly. ' ' " ' - f
' The House having, oa motion' of Mr.
Wyche, resolved itself iritoj a committee
of 1 he whole, Mr, Donohoin , the Chair :
the bill was read . It provided that the As
sembly should in future, commence 00 the
2d Monday in November , i f..' v
Mr. Wyclic '.felt conscious of his inability at
this time, owing to indisposition, to do justice to
this bill ; but would attempt to make a few re
marks in favor of its passage Hi; considered
the subject important) to, the public, -and e"spe-
lally to the farming interest, i The Assemblyi
for many years, it is wll known,'bad met on the
3d Monday of November annually but'wt the'
last session an act was I passed fixing our present
meeting on the last , Monday in December, and
in succeeding years Vh the 2 1 Mondaylin Janu
ary. Should this act remain in force it., will have
a tendency to exclude. farmers frora; thej Legisla
ture, and it will be the, means of extending the
sessions to an unreasonable .length. , - Formerly
the General Assembly always rose about Christ
mas ; but now'there will bfe nothing to limit their
sessions. " , . - . . -.
It was said in argument, when the jbill went
to thange the, time of the meeting of the l.egisfa
ture,Ahat the changq would be greatly in favor
of the. farmincr . interest ; --. but hej thoiicht
very differeptly. The principal part of a 'ar.
roer s crop 13 made, and secured before the 2d
Monday m November ; and the Cotton Planter
can leave what remains ungathered to be finish
ed in his'absence. : I I "
AVith thesfe few remarks, he would submit the
question, leaving himself' at liberty to add others
it necesstry, hereafter. - .
Mr. Bain moved to amend the bill by
striking out the 2d Monday in
November
and inserting the 2d Monday in
Deceinber.
Mr. Wyche hoped the proposed
amendment
would not be agreed to. One of his principal
reasons for wishing, the time; changed, was that
the; sessions might not extend beyond Christmas.
If the session commenced at the time nrooosed
by tms amendment, tue same oojec
... . .
ion
to long
sessions would still exist.
.1
Jlir. Cooper hoped ; the proposed
amendment
would not be agreed to. . We have
taa long ex-
perience in the old plan , of meeting in Novem-
uer, au ue uopcu ine ume wouia oe cnane-ei
back to near the old time. - It was f ound to an
swer pretty well to the farmers', as well as other
classes. The time of msetihg at present is found
very inconvenient. , Members canrtot boartl at
thesame rate as heretofore He believed three-
fourths of the people 'would be satisfied with the
time of meeting proposed by 'this bill as it how
stands. , ' " -,:;..f -,-. '. ' ?'.; sh1 4"--?v:
Mr. Stanly (the .SpeakerY observed, that the
bill before the committee differed from those
we were generally called to consider. This bill
does not concern the people whose interests are
confided to our care, so much as it. does the in
terests and convenience Of -Members of Assem
bly. The bill proposes to alter the time of the
meeting of the Legislature ; it is of little Conse
quence to our constituents when our ' session
COmmlf." whpther in Nnmhpr. nprcnnhpf
or January; a much more important enquiry with
P" rh is, hour long will it continue znd vhenthall
rminatc Whoever," said Mr. S. has cast his
over theTreasurers report, & discovers what
is, he cost of an annual session of the"L,egisla
ture, and then examines the pumpJet which con
tains the dozen public acts and the much greater
number of private bills, which are the fruits of
our labours for a session, will be mortified at the
dico very that ' half the public tax on nroDertv
(except the, tax on lUnk Stock) the tai on lands
iown 1013, siaves ana polls, is consumed in pro
ducing these few, and frequently useless acts of
legislation. - Of the direct tuxes of sixty thou
sand dolUys thirty-diree thousand dollars are ex
pended in one. of, our annual sessions 1 When, it
shall be attempted to remedy this eviL bv the
only certain mode, of doing, so, byvexcluding
J??ch of the. 'unimpQitajitbuainess, which coi
sliall we meet ? ( The act of last
commencement, rafter "thj" v.
JVlanday m Jbavafy.; The kill propises
the time tot the tpmnrt. fi,, ... . .r?,
the community; whom we iepresent, hani
the gxe-:srwpart: areagricalttiralists. WV
mers own the property of the state, they l ,
taxes, thev fnrm ifi A
pa"1 uie virtue, ana atnll share of theim Vi
gence, as well as the wealth of. the state ft?'!
body constitutes the strength, with .pronJ;
called th KaM kr, ru'i.."
enquiry should tlierefore be, what time cf
mg of the Assembly, will best suit the ccnvJ'
ence of .the farmers who are elected bv1 fa,
- - v. :n
to represent them in this bodyT. Mr. g.1
hat to Answer this question -correct.lv: hJ
examined how "tlie time, nronosed vmuiA 'laK
bot only his neighbors but himself also, Jcr, S4S
he, f too am Cfufmer V rid he had come to th
conclusion that thes time how fixed for the tnel
,thfe second Monday -in January woul 1
mit the fatmeifto lea Ve home ' with less, income
nience than any other.' : The creat stanlea nfu!
tatef areTobacco; Cotton, Indiah'Corh & VnrV X
v" f cc Jic.uau jnneKnowieage, out he un.
derstobd it waa considered a race between the to,
bacco planter &the frot: and the planter was
fortunate- if his tobacco was not cut St housed 'uL
fore, tliecoming-offi-ost? that article, therefor-,
out of the field, and either bured or curing-, fcfore
the second .Monday , in; ;januarvi--Cbw ...
made and fit tcr gather by; November, $s except on
larcre farms,' would be nicked out and rn-Wi-
uiiuei, ueiore me miciaie 01 January.-Lfyrnh
thered before Christmas, and where watet co.
veyancecan oe used, frequently is at market be
fore the" middle of Januarvvand bv Christmal ...
Pork is put up. Meeting; .ii January, the To
bacco, Corn and Porkj wouM be out of the way,
and theCpttpiv if not,, quite.v nearly soJ ut
meeting in iVorefl5-r, not tine of these valnable
articles; would be in a state to admit the Vovvnei-
to leave them, without leaving to cther3 to save
what he has made. '--' r .'! ' . -
:,..'"- ju itU, o- -mere i$iiuouiGr niieresr
not as , prominent as that of the farmers,: but
ters imen: miliar with jurisprudence.'anJ v
their Knowledge of existinar laws ' onal fiJ I
judge of, ihe necessity ofi proposed 'new- ojics - 1
prompc roaetect errors in fornu to nok!ol ,n. t
foreseen consequences, and al wavs vin-ilmf- tn
v "fi""1 w tu .miiu principles steaai9(t
These gentlemen, said Mr. S. are occupied du
ring tne entire months of, September ami Ocio-
De.r, an two weeK,s m November, unon the Su
perior Court Circuits. 'Should the Legislature:
meet as the bill proposes on the second Mondav
in November,5 you! require the lawyer who haV
thus toiled. tor two months a the close of his
circuit, without bestowing: otie week Jiis own
affairs, and probably with th- sacrifice of sofno
Courts, and without a moment of reflection to
prepare for the subjects to engage hi3 attentioh ia1
the Legislature ; . to continue his journey direct
ly totfiis place. These are .disadvantages whicii
uugiu ngi uniitfcessaruy io De cast upon thenv
they may,' and they ought toe avoided i
) ' Ihv addition to these ereneral reasons for ore-
ferrin the time fixed fcw-4 the, meeting , by the
act ot last session tne secona .Monday in J;inu-
ary; tnere were consiaerations ot an interest
iug, though of a local nature;; which pressed up
on him; in favor of the meeting ia January. ' It i
xnown tnat the eastern .-part of. the state is e
nerallyi sickly n th fall season; in many parts at ,
that season of distress; the water is nearlv'DOj-
auu, aiiu me air pesuienuc.i rrom me. preva
lence of disease, our' Courts .held at that season,
can,do but little if any business, from the an--senceof
parties, witnesses or connsel, and not
seldom of ike Judgej and may shitors know af
the term, having passed only by 'the tliarges in
curred by the Vitnesses, whoJ many -have attend "
ed. - It is' hoped ' that some part of thtse evih '
may b avidedjandrthe benefit qf the Courts .'
be obtained, by changing the .time of holding;
them to a later period of the fail. ; For this pur
pose a large-committee; f both houses now have
tlte subject under consideration; and it is hoped
the Courts will be put one jponth later in me
season. Slioiild this be done, the: Courts would f
lu i7 icoemtcj, liieiuoera iroiii.xuat part Ot
true state would be able ' io neetlih a state of -heahh
r; to attend to business. There are ; fe w
Members of the House ' who are - not cunperned
in Court, either ; rtiesin their own right; br "
as executor 'or 'administrator, or guardian, or ai
witnesses. Should the 'Assembly meet on the
second Monday in ovembefmavy woul.i in alt
probabi lity be disappointed, either in taki; their
s-. at3 here,,or In attending to their, business iather
Courts, sinfestkcAssembly and-the Gdurts would
uc siiuiiK ai .uie same lime. s-j And tne annrp-
" ' i ll-v,i y ciiicnces xjij inese uisap .
pointinents, ' consequent 'on '.the, interference or
the Courts And the Assembly h'e feared would
raise objections against the proposed alteration,
of the Eastern Courts, should the meeting bf the-.
Legislature take place in November as proposed, '
arid defrat that important object. x ) 1 1 : - ! ,
vjMig said- he- regrettedittie iiidispositiort'ot
the gentleman who introduced this bilk (Doctor
Wyche of Halifax) had, as the gentleman stated, -'"
prevented his doing justice to his wishes iri sup
port of the, bill, and be; should, more regret if.
any observation of his should by requiring !a re
ply, increase the inconvetiience already felt by
that gentleman., Gentlemen of the profession of
medicine were hot o numerous lis this jjo'dv'ji
to require. a particular examination of the efieci
of.the measure. proposed upoiv their iaterests.Hf
He was glad to see tbem among us, they. brought i
strength ai well as ornament to our prjceeduigsj
but;a disasi'S; exist at all inies, our' clfddreiju
cut teeth ahd their mothers complain in all sea
sons, ne lioped the profession would not be: in
jured by being called to attend the Assembly inj
change 111 the eastern fall circuits ; ' belic'in ,
that the agricultural ahd other important inte
rfcsts ivould be consul te I by sufferirig the ppe
sent law' to I remain i .fbrce,S.he"'should yofe a J
gainst-the hill and the amendment proposed, K i " '
'On motion, the .committee .rose and reportea !
progress,- and obtained leave to sit again.
1
Thursday, 5 Jan. .1 1.
. , Mr. Edmontoa' presented . the : pet itioa
of James Stephenson of iiaywoud, stating
a grievance that lie vhad uslained in the
purchase of ji tract of Cherokee land, 'ami
prayibg for. redrew
mhtee on Cherokee fantl 3 v-i v
VjOnvmotipn of, a iUlemanvyho voted
veaterdajr r kgaiii9t , accepting thcredgni
tion Of ftoberl Strange, as a mem tier of th e
House, 4he"caestion was reconsidered, anjl
the repignaUoQfWas acc
ofvelctioaaS -.urjjefdr iThe elect; to
take place ( patJTudWy nb Y - f
Mr Al ford presented a bill to exempt
sabajternL oflcers jn theftoilitiifroji lui
nishiiig themselTes -with unibinus, bica
was rejected on its first reading 5 and
Mr; Clair a bill to Regulate, the fec$
of the Attorney, and iSu-Iicitur General ami
Solicitors, which pussed: its firt read itij
v' moiion.ot iVJC iiatem in, a mess
was sent io the Senate propo
Uirt ,v
woitny o; beinjr consider ed'in deciding this qaes
Hon jt He meant that of the'lawyers, who alttiys.
form a portion of the Legislature, respectable
for their numbers, ther talents and their Icharar.
jiuiuAijr, iiimcou 01 loyemDera propoijea oy tivs .
gentlemajj j:;::i.V,F:,;r;4--; ?;V
Iii the' fear, said Mr. S. that the? passing ' jtha
bill before us ; would interfere with the desired
was sent to the Senate,- propoi;ig o
!' V- rS. if-p
V t r v' r- '..." '" i "
f 4 -t i
V - ' 1 .- 3.:
uic oaiu wmcuiuey
l-oi.ine.e