Newspapers / The Raleigh Register (Raleigh, … / March 9, 1841, edition 1 / Page 2
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r thi . " PASSED BY THE GENERAL ASSEMBLY, . -i fhtirjionywtich commenced on Monday, tfiefix innth of November, one thousand eight hundred and $pfg$ of January, '-a.-'-- ..-5- ?j '--.- "' V.' . -: -. i... ! : , j- . ', ., . .-.; r.v UEVENUE. CHAPTER LL ;' An Act to amend the one hundred and second Chapter cf the : toiiiW"fiWM.t Pd fothe co"ec 1 ti , tion and management oi a iwveuuu w iui I fotienactcdby the General Attembly of the State of North ' Carolina and it is hereby enacted by the authority of the same, " 'ThateverriSherifiyvhen He makes his returo,of taxes col .'lected,as required iby the sixty-eighth section of the 'one ' hundred and second Chapter of the Revised Statutes, shall in ' eludeitfthesame a list of taxes collected on unlisted proper tWfeeaaah publish peciaedn 1 said section. j. ' ' ,T' " ; Ratified, the 1 2th da of January, 1 S4 1 , ROADS. An Act for the benefit of the1 Raleigh and Gaston Rail Road Be if enacted by the General Msembly of the State of North Carolina, and it u hereby enacted by the authority of the tame. That it shall hereafter be lawful for said Company to charge ! for the transportation of Passengers, any sum not exceeding ten cents per mile; any law, to the contrary notwithstanding, v'- - n. JZnd be it further enacted That this Act shall, be , ! in force from and after its passage until the end of the next Session of the Legislature, ; " : 0;tlfi V 41' A- , .- . - CHAPTER LIU. ' Aff Act to alter and amend the act entitled 'J An Act to incorpo - rate ?the: North Carolina Central Bail Road Cpmpanyw passed at the Session of one thousand eight hundred and thirty-six. f NoTth '""CaroKha, and it u hereby enacted by the authority of the tame, 'That the twenty-fifth section of an Act, entitled An Act to incorporate the North Carolina Central Rail Road Company," 'be and the same is hereby repealed. I .fe UBeit therthaieted, That so much of the first Sec tion of said Act as authorises the Commissioners therein nam ed to receive subscriptions to an amount not exceeding two millions t1 Dollars be and tne same is nereoy repeaiea. UL And be itfurlher enacted, That the Commissioners aforesaid, or anyTSve of them, may at such times and places, aid under the direction of such persons as they, shall direct, fcause books to be opened for the purpose of receiving sub scriptions to .an amount not exceeding one million of dollars, to constitute a joint Capital Stock for the purpose of effecting a communication by Rail Road, from some point at Beaufort Harbour to the Wilmington and Raleigh Rail Road ; Provi rfti, that the State shall not be bound to take any part in the "Capital Stock of the Rail Road contemplated by this Act , Ratified, the 11th day of January, 1841. t v - CHAPTER L1V. An Act to authorise the Weldon Toll Bridge Company to sub scribe their Stock to the Portsmouth and Roanoke Rail Road Company, and for other purposes. " -. . Beit enacted by the General Assembly of the State of North . Carolina, and it it hereby enacted by the authority of the same, r-:'That ii shall be lawful for the Stockholders irf the Weldon Toll Bridge Company, created by an Act. passed by the Gene r ,ral Assembly of this State in the year one thousand eight - hundred and thirty-one, to subscribe their Stock in the Ports- mouth and Roanoke Rail Rpad Company, upon such terms ! lis may be stipulated between- the Stockholders of the said Companies respectively ; and upon the subscription of the Stock, held by the Stockholders in the Weldon Toll Bridge 4 Company to the Stock of the Portsmouth and Roanoke Rail ' Road Company, the Weldon Toll Bridge shall vest in, and Nbe owned and possessed by the said Portsmouth and Ranoke Rail Road Company, in the same manner, that all other pro perty, real and personal, which has been acquired by said I Portsmouth and Roanoke Rail Road Company, is owned, held and possessed ; and shall henceforth cease to be a Toll Bridge, ..and shall be deemed, to all intents and purposes whatever, a part of the Portsmouth and Roanoke Rail Road; Provided, that no person shall be prevented from crossing over said : Bridget free of charge, who shall not thereby obstruct the passage of the Engines, Coaches and Cars, of the said Com- pany. ; Y'fj' r i " ' IL Be fiQwthfenaeted,ffUai so soon as the subscrip tion hereby authorised shall have been made,- all the rights and privileges acquired under the Charter, or any amend . ment thereto-, granted to the said Weldon Toll Bridge Cbm- V pony, shall cease,t and the Corporate existence of; the said ' Company shall b? determined ; excepting billy that the pow ; crs conferred upon the said Toll Bridge. Company (by the 'I second section oflthe Act to incorporate the same) of pro cetfding ainsi'detinqunt Share-holders for the collection I j and recovery, of sums due for; instalments, declared by the authority of the snid Act," shall be transferred to and vested -iA the said Rail Road Company ; and the said second section: ' I shall continuanoV Jbe Jnr force, for enabling the said Rail -:Road Company (.to institute proceedings ' for that purpose, ; ? ivhich"may be either in the name of ifie said Rail Road Coiri ' pany, or of the 'Treasurer of the "said Bridge Company, to the use of the said Rail Road Company, at the election of the "President thereof.. " .r. ;.,-. ; . ... . V- , 11L -Be it further i enacted, That ; when the arrangement contemplated by the first section of this Act shall ha ve been consummated between the Stockholders of the Weldon.Toll , ; (Bridge Company on the one part, and Ihe Portsmouth and Roanoke Rail Road Company on the qther part it shall and i may be lawfuf for the said Portsmouth and Rbanoke Rail Road Companyto' sell; and "dispose of to the Petersburg" Rail Road Company, ione-half of the said Weldon Toll Bridge, : r and also one-half of th&Rail Road situated between Roderick B. Gary's and the Town; of Weldon, upbn sucW terrod conditions as may be considered just and equitable, so as to J to accommodate both of the said Rail Road Companies. Upon -such .sale being made, the said Petersburg Rail Road Com- . r pany shall be vested with vaJl: the "rights 8nU:pfivilcges; in and to the said Bridge and Rail Hoad between R. B. Gary's and Weldon, as shall be enjoyed by the said Portsmouth and Roanoke Rail Road jCompany ; and the expenses of keepings . and maintaining the said Road anli Bridge in good and suffi cient Vepair, shall be borne equally r by the said Rail : Road ' - Companies. f - ' " ,! IV. And be it further enacted, That this Act shall be in , force from and immediately after its ratification. I Ratified, the llth dav of Januarv. 184lJl 1 , - v-. - i -! " CHAPTER LV. An Act to repeal an jAct-, entitled " Au Act to repeal,-in part, the thirteenth section of an Act passed in ono thousand eight hundred and twenty-four, authorising the making a Turnpike Road in the County of Buncombe." ' I Be it enacted by the General Assembly of the State of North Carolina; and it it hereby enacted by the authority of the tame, That ah Act passed: in the year of our Lord, one thousand eight hundred and thirty-five, entitled " An Act to repeal in part thfr thirteenth Section of an Act passed in one thousand eight hundred and twenty-four, authorising the making a Turnpike Road in the County of Buncombe," be, and the same s iereby repealed i Provided, that Ihe citizens of Yancy residing in that part of said County which constituted par of Buncombe County, prior to the year one thousand,4eih hundred and thirty, shall not be compelled to pay any tolls for travelling on said Road. : Ratified, the 12th day of January, 1841. CHAPTER LVI. An Act repealing the Act! relating to the Public Road in Bun j combe County. . ' - i ? : . ' ' L. Be it enacted by the General Assembly of the State of North Carolina, and it is herebu enacted bv the authority of the tame. That the Act relating to the Public Road in Buncombe Coun ty, passed at the Session of one thousand eight hundred and thirty eight, and one thousand eight hundred and thirty-nine, be, and the same is hereby repealed. j , IL And be it further enacted, That this Act shall be in force from and after its passage. - Ratified, the llth day of January, 1841. CHAPTER LVII. An Act to give the Court of Pleas and Quarter Sessions of Che r I okee County, jurisdiction over the State Road in said County. i j j Be it enacted by the General Assembly of the State of North Carolina, and it it hereby enacted by the authority of the tame, That the Court of Pleas and Quarter Sessions of Cherokee County, shall have power and authority to alter and amend the State Road in! said County, in as full and ample manner as the Commissioners appointed by the sixty-first Chapter of the Acts of the Session of one thousand eight hundred and thirty-eight, and one thousand eight hundred and thirty-nine, have had and possessed. .; . jr II. And be it further enacted, That the Act appointing said Commissioners be, and the same is hereby repealed, and that this Act shall be in force from and after its Ratification. i Ratified, the llth day of January, 1841. SLAVES. j CHAPTER LVIII. ! An Act to prevent the transportation of Slaves upon. Rail Roads, j Steam Boats or Stage Coaches, without written permission from their owners. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That it shall not be lawful for any Slave or Slaves to be transported on any Rail Road, Steam Boat, or other Vessel navigating the waters of this State, or any Stage Coach, with out a permission in writing from the owner or owners of such Slave or Staves, under the penalty of five hundred dol lars for every violation of this Act j to be recovered in the name of the State, from the President; Directors and Com pany of said Rail Road, or the owners or Captains of said Steam Boat or Vessel, or the owners of said Stage Coach, as the case may be, by action of debt in any of the Courts of Law in this State, one half whereof shall be for the use of : the former, and the other half for the use of the State. II. Be it further enacted, That if any Slave or Slaves shall escape from his or their owner or owners, by being transported on said Rail Road, Steam Boat or other Vessel, jjor by means of Stage Coach, the master or mistress of other jiowner or owners thereof, shall and may recover the value of ;,such Slave of Slaves from the President, Directors and Com pany of said Rail Road, or the owners and Captains of said Steam Boat or other Vessel, or the owner of said Stage Coach, as the case may be, by an action on the case, in any of the j-CoartsofLaw in this State. ! ' IIL And be it further enacted, That the provisions of llhis Act shall not be construed to extend to any Slave travel ling in company with his or her master or mistress, his, her or their agent, or as the servant or attendant oft any 'white' .person or persons, bona fide employed for that purpofe. y Ratified, the 12th day of January, 1841 J 8YAMP LANDS, , ; CHAPTER LIX. A.n Act supplemental to an tAct, entitled, An :. Ac the draining of Low Lands" concerning Be it enacted bv the General Attembhuofthe State of North k(CateiinaIand it tx herebu enacted bu the authority of the same. - w-- w -j .. ;r mi . - ii . i .t.ii jl nai in aii cases wnere.a rfuryj5uau otj upputuieu ur uio pu noses mentioned in the first Section of the Act, to which this. ' Act is supplementary, it shall and may .be lawful (or ,the Court, ; to which the petition shall be "preferredti, directed by trie first Sectioh .of said Act, to order and direct the. Jury to lay .off the ditch to the Stream or Water Course, mentioned in the i : petition although such Stream or Water Coursej or the part thereof into which the Pocosin or Flat Lands are petitioned to be drained, shall lie in another County? I Mr O ' 'X A nd be it further enactiffi0s act shall , take effect and be in force from and after its ralihcatK Ratified, the llth day of January, 1341. CHAPTER LX. An Act to amend the Revised Statute, entitled f An Act to drain the Swamp Lands of this State, and to create a fund for Com raon Schools." f "lt Be it enacted by the General Assembly of the Ste of Noth . Carolina, and it it hereby enacted by the authority of the same, That the President and Directors, of the J Literary Fund of ' North Carolina, in addition to the power and authority, vest-; , ed in them by the Statute Aforesaid, shall have power and au thority to employ Counsel learned in the Law to aid. and as sist them in the inves'igation of the State's title to such j of the. Siyamp Lands as in their opinion , have not been duly entered and granted to individuals, and to which any person or Company may set up title adverse to that of the State And the said President and Directors are' hereby fullyj authorised ' and empowered, to compromise upon such terms as to them shall seem reasonable and just, with any person of Company setting up an adverse title as aforesaid, for such title, so as to -secure to the State an indefeasible rieht in said lands II. Whenever in the process of draining, it may be neces sary in order to prevent a sacrifice of the interests of the State in any of said Swamp Lands owned by the State, to purchase small Tracts owned by individuals,: the said Presi dent and Directors are, and shall be authorised to buy the same, or to exchange for some other portions of said Swamp Lands, and the lands acquired by them under this Act, shall "he held by them as other Swamp Lands; , I " III. This Act shall take effect from its ratification. ' 1 i ' i ' Ratified, the llth day of January, 1841. VAGRANTS. CHAPTER LXI. An Act relating to Vagrants. - Be it enacted by the General Assembly of the Slate of North Carolina and it is hereby enacted by the authority of the same. That if any person or persons who have no apparent means of subsistence, or neglect applying themselves to some honest calling for the support of themselves and families, shall be found sauntering about, and endeavoring to maintain them selves by gaming or other undue means, it shall and , may be lawful for any Justice of the Peace in the County wherein such person may be found, on due proof made, to- issue his warrant for such offending person, and cause him to be brought before said Justice, who is hereby empowered, on conviction, to demand security for his or their good behaviour, and in case of refusal or neglect, to commit him or them to the Jail of the County, until thenext Courfof the County, Which may proceed to try the said offender'and&ifc found guilty by ver dict of a Jury of good and lawful men, the said offender shall be imprisoned for the space of twenty days ; and the costs a rising thereon shall become a County charge, if the defendant be unable to pay them, and such punishment may be infficted as often as the person may be guilty, allowing fifty days be tween the punishment and the offence; Provided that when a Justice shall commit any person, for trial under this Act, such person may give bail, as in other cases of trespass or nuisance. V ':".. II. And be it further enacted, That all laws and clauses of laws, coming within the meaning and purview of this Act. is nereoy repealed. Ratified, the llth day of January, 1841. WILLS AND TESTAMENTS. CHAPTER LXII. I , An Act to amend the Revised Statute, entitled " An Act con cerning last Wills and Testaments. Be it enacted bv the General Attembly of the State of North Carolina, and it it hereby enacted by the authority of the tame. That no Will in writing, made after the fourth day of July, one thousand eight hundred and forty-one, whereby person al estate is bequeathed, shall be sufficient to convey or give the samr, unless such Will be executed with the same for malities, as are required in the execution of Wills of real es tate, according to the provisions of the first section of said Statute. Nor shall said Will in . writing, whereby personal estate is bequeathed, hof any part thereof, be revocable, but in the same manner as Wills of real estate are revocable, by the twelfth section of the said Statute ; Provided nevertheless, that the provisions of this T Act snail not be construed to affect uuuuupaLive vt ma, uuk tuat uie same may- be made wnere uuw iney are aiioweu. : . .if Ratified, the 12th day of January, 1841; 4 I .... XZillAyNERS SPEECH Coirriinjjn . ') y- , . V 1 x . But, ssjs the gentleman from South Car Una, (Mr. Rhett,) the Florida war will pr bably soon be terminated. Probably be terminated ! ;This is the ladguage have beard for y ears. Jt has long been th theme of Executive reports, and of the (W patches of Commanders-in-chief, y Let afe miserable squaws be taken,' or'sfarvingld men surrender themselves, and ft is immedi. ately heralded throughout the fand that the power of the Indians has been -destroyed that they are all coming in ; and that the twar will soon be at an endS And the account we hear is, that blood has been fl ing in torrents,' and 'houses have been wrapt in flames. ;v For ev;ry: brave destroyed, two seem to spring up in bis place. We have Within the last 'day or two, heard of the cap! ture of 60 or 70 Indians ; but how often has this been the case heretofore t It is impoi. sible to estimate the number of Indians in Florida. Years agoT it was said there were only a few hundred ; and although we have ? endestrpjlngjthein alltbe while, yetjhe s worlufdejrajvd ravage has continued. As soon as the"army relaxes its operation they become emboldened, leave their inac' cessible haunts, and commence anew their 1 course of pillage and death; You maT ' i . .1 : T j: - Tl i r "NI may suddenly withdraw jour armyi and the i t nrst tning you near, may ne, tnat the Indians have re-appeared in all their power. Sir ; the Florida war is not at an end, nor is it soon likely to be. Sam Jones and Tiger-tail yet lead their: merciless bands through the everglades of that ill-fated region ; to-day, doing the deed of death,' nd. to-morrow concealed in the impenetrable swamps. The bloody Mickasukies yet rove through the fo rests of Florida,' leaving death and desola tion in their track. To legislate with a view to the early disbandment of the army in Flo. - rida, is to leavejrbtir own countrymen expo sed to the "horrorsVof a savage warfare. To do this through a false economy, is to sell the blood of your citizens for money. It js to surrender a portion of your territory to the savage, and to confess, in the face of the world, that a predatory band of Seminoles has successfully resisted all the boasted pow ' 5 er of the Government. To stop the war at '" this stagey is to compromise the honor of the country 1 You must, you are compelled, to prosecute it to a successful issue. I there fore take it for granted that, in estimating the appropriations for the military service, you ' ' must include the $ 2,385,329 proposed in the letter from the Secretary of War. : It seems that the Secretary of the Treasu ry, in estimating, the reductions for the pre sent year, cuts down the expenses of the In dian department $ 174,000 below the appro priations of last year. I know not whether this is on account of there being funds in the hands of agents yet unpaid, on account of outstanding appropriations, or whefner it is in pursuance of that system of gradual re trenchment recommended in his report; for it will be seen by reading thereport of the Secretary, that be undertakes to read Con gress a lecture on economy, after having ex ' hausted the Treasury, by his' extravagance ' and mismanagement. And, in pointing out the causes of, and grounds for, future re trenchment, he says that " fewer Indians re main to be removed." Certainly there are fewer to be removed. But are there fewer, that ought to be removed this year than vote removed the last T Judging from- the rapid settlement of the Western States, and the consequent pressure around the Indians re maining,! should -suppose there were more. I appeal to gentlemen from the Western States -from Indiana,: Illinois, Michigan,' Missouriand I ask them, if they are not anxious to have the Indian title to the lands in their States extinguished, and to have those' Indians removed to the West? Are they not every day becoming more inconvc-' nient to the whites, and the whites to theml And yet the Secretary seems to think this .system of Indian relations will soon be at an .end, and the expense attending it will be lessened every year. This is a most absurd idea. The Indian relatidns of this country will constitute a permanent, standing charge upon this Government for one hundred years to cornea l And as iihe, population of the country increases, arid its frontier is extend ed, the more complicated and expensive will our Indian relations become.' This mvstU the case, till the vast region from the Mis sissippi to the Pacific is settled hy the white man, and not an Indian is left remain ing. . . The Secretary of the Treasury further ays, in pursuance.of his pretended anxiety for retrenchment, that the pensions are di minished by deaths. ? Not soj very much, sir. Some of the .old revolutionary pensionersdie off, to be sure,' and I am sorry for it. I wish they could live forever. They serve as a connecting link between the past and the present. -They would serve to remind us of our departure from- the pure and virtuous principles of the Revolution. ' And these old men bold on to life well. The same physical vigor 'which: enabled them to per form sty:h deeds ofdiringih the Revolution, yet preserves to them health and strength.- The gentleman from' Maine, (Mr. Evaks,) demonstrated that,1 if they had died off last year 'at the" rate of ten per cent, it would not reduce the ' pension appropriation more than $200,000 ; whereas, the truth is they did nbt die in near so large a proportion- But, siri it must be recollected that, whilst the pension' list is annually" lessened by death,' it is still annually' increasing from additions to the list: Look at the annual reports, of the Commissioner of Pensions, and you will see that this is the case, koo t at the quantity of bills on your table tot ' placing additional names on the pension ro'I many and most of which will probably pass, as soon as time can be obtained to pas' w- upon them. Owing to these facts, I have no '; doubt but that, for the' next five years, tbe 'additions, with the arrearage-pay in such '.cases, will be equal to the diminution from - deaths. ; ' ; Assuming, then,.that the millitary service will cost as much this year as it did test, ; which was $8,343,900 83, and adding the, 02,385,329 stated to be necessary, by tbe i Secretary of, War for the Florida servc TL'
The Raleigh Register (Raleigh, N.C.)
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March 9, 1841, edition 1
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