... A1 J. I A . hep out: :( t-y V idf , 'The Sxlxct Coif mxttbE; who wero '".quired, by a Resolution of this House, i). u to obtain from the Governor si 'Pre sident ex-officio of the Literary; and In- ; terna! Improvement Boards,; the names 'of the several debtors of the said Boards, , from the period 6T the first loan up to t the present lime--the amount due frpm each and the 'security taken for the 7 ; payment of said 'loans, specifying parr ticfllirly whea;tW several debts that 1 1.5 - I'll 'ire paid wer4discharced,and the seve- t ! $L ' n1 mnnniVMfm 'Jn6.ahd the names of ! ; uftjier; tQ jnW trito the solvency of the qU mm. in the bonds of the Dor- ; : re wen ana uicir nxy nucsy u : -iny lost! has eyerlbeen sustained by lc4thef said Boirdsr and by- whom, , LUG UVrmnCI' mmuvuum au awia . ' . . . : . . " " a.- ' l v Ik:a rx-;. ...II - . WW A W W . a a Maw, iw. Awk . Waa '-' ' discharged the! duty, and ask Teare to r ' rR,Q-ll KEF OUT; i,..,s-;.N; . ThStlieretbfort; .'. Hilt VI UB UdUtVtll-VU MM WMiUM' HU ' . tit ' tha ;, Hmise. whieh has J been nrinted : ' ' and," in-pursuance of Jthe. duty imposed py, tne o,inerf ? nrancn ; oi : me thSy have earefully examined red the books, which have : been regular- i everv bond eneciticaUr and, Una them to correspond with the statements hereto- fore furnished by the Goyernor, nd The' testimony of Pavid, W. Store, AU) IMSU UiVIU ." vuu'UXV) vmv A a k I I ftwkw wwh awAtJwiM AM t ' ht)ArA. 1169 ill em ui.w uic.bulkuicu. V) uci twr, (ore submitted. is a correct list of notes & . . . : a w ' wi ' I preaecessor ; ana upon n eviaence, aau Others, which Was perfectly satisfactory, ' .l - J:l wL.i.- II .1 cipals are doubtful, yet the- securities , place the bonds beyond exception : and that nothing has been lost, by either of eaid.Boardsj since their organization in he ..Committee have ' also examined the " Treasurer's ' receipts, taken by the Boards, and find them all correct; and, 'since . Gq vv ' Morehead's ' admi nislration, (beychd which they did not go in this par .tfcular enquiry,) the moneys received by . the Boards have been promptly paid over ; fa the Treasurer, or deposited in liank. The, Committee havd also examined 'iU.Tl1 a'.I tn.MA itAnJ.; ia'ntliMi wi MAirfiAn ' pl tne Literary x una nas tieea jnvesetf , l the bonds of the Wilmington and. R- J 25,000, due In .1830 for the security . of which, with some other debts, a deed , in Irust, in September. 1840, was eiecQi ted by the Company, conveying all the property then owned hy the Company, Coiee iiforme thatthe .. oiner aeoia securea in saia aeea are pauiJ - m. -m m m a, J 7 . v af a. off, and that the property conveyed is am - ply-suiScient to secure the bonds. The interest thereon is paid.up to 1st Janua ry, 184 V That, since 1840, 22000 has ben invested in the Bonds'of said Com- M the Committee have no doubt that' all the the honor to epresent, are the only ones that feel bonds now due, to both Hoards, are weu I mu t uiw yu '-eecureclndalthou leizn ; xvaii noaa ; Vorapany.unuer.suieir i axaso vouniyjrnq uie;ex7eipeeasiern-. :V cbiporatq seal; 60,000, ue;in 185; and fTyrreli, Hva , CaWeretor Cravenl a. - -a '. r ' i- L I sTmoathv of feehmr or common, interest - BH mm m mm m m ari -MUM m. m j au H J a at ati . m m m. w m arv no an m f i rw vnn ouni w j m. j t. iHTv . i ..liiirwii iiv nit- rii2ii. ami linn in IV. o ' Tla V 01 W.A J S 4.f uai pituuu were inycvicu iu 18 in- the bonds of the Raleigh &. Gas tori Rail. Road Company, indorsed by the States and - since 1840, 025.300 of said .? "... t 'j r . . . . . . . r " 'J.tf''r' r? :??-:r'S;jty-'-Va'"l'dnde8 the whole sea coast from Boerue Inlet -to -j ane voramiwee-ascewninai ine a-ite- Tary Hoard wasrorzanized' by Governor Dudley. President ; ex " officio,' on f Feb 1 6. 1837. bv the "aDDointment of Ebene - xer Fettirrew. David W. -Stone. and'AI- wf-Lii t? -ri.-:- .! ai.. j -i. iixu v.utics. - fisuav s iiiai. on mc iicii uay, irea y ones, xusqs. s inai on tne nexi uay, Mr, J ones havinc declined. Charles Man - . - . : '"''i.rr.i'.l '- Wi.il. jy xaq. was appoimea in ms piece, rinai leresxs, wnicnrwiii oe au narmonizea oy tne aaop on May 50, 1837, Mr. Pettierew having of the imendment. The Senator contends, declined, Wnt. A. Blount, Esq. vas ap- rwn8 . . 1 , m. . v.-,, , .;, 1 of water," the Counties of Washington and Tyr- pointed in bis place. That on eb. 1 6, . from thi north Counties, and be implores the 1839. and On Feb. 10. 1841. Messrs. Senate "not to unite what God ha senarated " Blount, Stone.' and Manly were re - ap - poinica. x nai m r. j his reappointment , head, in 1841 -crnor Dudley was sppoinled in his nlace. That Mr. Stone resigned on June 30,1 841 , and Weston R. Gales, Esq. was appoint ea in nis piace, ana ipe ooaru now con aists of Governor Morehead and Messrs. - mm Af Dudley, Manly, and Gales. In lR37.naifi3ft.lhiiTnfArnalTmniv. rnmiA .frA.;n,M! -msnt Board consisted,of Governor J)ud- ley, Messrs. C. Jones, and Wm. D.Mose- ley In 1839, Mr. C P. Mallett was Sp- . DOinted in the nlace of MrMoseletrnd , and, in April, 1841, Gov- to thosa Counties than Martin-1 . la nnt Vfartin I without anv representative in tie Senate of the so the Board continued lor 846. vIrtronitm1Se tJ!Wtw A . 1 goiiig trora one side to toe other.- There is also, Feb. 1841, Governor Morehead appointed gne Steamer, which plies reirularlv between JVlessrs. t. Jones and Uovernor Dudley. now, consists Of?. Governor ; Morehead. Messrs.' C. Johea Sr. and JessHaiper. The CommitleeV in conclusion, VUke , w-.at, pleasure in sUtiyg, that the Governor af- satisfactory discharge of the xluty in,: posed on them:: ' Tlie Committee aaV to be disrhW tW t hi fnrf hr nn.rHAr,. lrVZT-r AnorwhichMsrespectiulIyjobmitted, - feV a a a -i'v ; if'-4' "'vriaoxVtairriaw. . r in April, 1841, Uovernor Dudley resign-1 ne ePl UP worn each of i pd.flnd the Vapjinev remained Tai. ht wtfor. I place 4 We belong to the :2F V i?l Nearly all the members of STATE LEGISLATURE; in senate: . JThe Bill to thstrict the State into nine Coi&res ional Districts, being under, consideratioii and Mr. Cooper, of Martin, having nwved fo amend the BUI, by striking the County of Martin from the 9ih Diitrict,and adif in ita laee, the Coun ties of Washington aW Tjm& aM adding Mar. tin to the 8th District,' in the place of Washing, ton and 52VrrB tarried to the tWMr.fcSpKUiLL, in reply to Mooiu of ertfowW apoke as followSt-' V;.v.i.? " : v W ; , , Mr. Speaker: Knowing the deep interest which my constituents feel, in the adoption of the amend ment proposed, by the Senator from Martin, I should be recreant to the duty I owe thenv were I to permit the questipn to oe. taken, without sub mitting some'remarks land the objections which have been unred bv the Senator from Hertford, pisses that duty still stronger npoh meV; The 4 (Senator mxn nerjtara, as, nainnan oi um vum mittee, in the report wEiclvhe made, and which has been printed, declares that, "it is important that we approach as near af possible, that ratio of epre8entation,la An act passed by; Congress, for the appbrUonment .-representatives among the several State," . I am, not a httle astonished, that the Chairman of the Committee hacdnot dis covered, that the nroDosed' amendment, would tome nearer ihe objeet he had in view,,than the plan Re submitted, he ratp lot a represema tiv4a 2.783;. The- 8th District m the iteoortf contains a Federal Population of 70V40CV which is. 3012 over the ratia v JJy taking on or yy ssmngwa and .Tyrrell, containing a Federal Pop'uUtioa of 7,land aongiiMartint containing a Federal Population of tC51t it will make. ,the Federal iVmulation of the 8dv'Dis'trict,? 74,984.' which is only 2196 Over the ratio,' and brings the Federal Ponnlatinn of that District 1.416 nearer the ratio The Oth Disaict 4d thrC(Mtains a Fede- Will be only 2169, and bringsthat District 1410 nearerxne rauo. f Oaxamininw the Repor of the Chairman, it will be found, tiiat another' object had in view was, to fennite all in the same representation whose interests are" identical, and to consult the convenience Of those who re clothed with the elective franchise." Now Sir, I contend that-if this be the object in view, it wilf be much; better,; accomplished by the proposed anaendment, A nose who are at all acquainted with that portion of the State are well aware, that there has always been o atu4M wtri 1 1 hn pvill be, a deep interest felt in the n.tion of the Albemarle Soiini The Cornv ties north of that Sound, and the Counties I haVe IVl - t-. sented together in-the National Councils. The Counties of Washingtoa andTyrrell, -are also deeply interested with the -northern Counties. M the inland navigation, as much of the produce of alt that region of country, is carried up the .Pas quotank &ver, through the Dismal Swamp Csv nal, and thence up the James River and hesa. nfiftke ttavr A lanrfi onantitv of the nrodiice of Washimrton and TvrrelL is sold in Elizabeth City nil Eflentnn. and thnm m AaiW rMwrnnniritinna (mm fine to the other. Not so with Martin. 'She is no way. connected with the Northern Cbiintieay has no trade or Intercourse, and scarcely any ac- quainiance wiutuiem. ay anacning ner 10 uxai District, you break up all her old associationsand place her where she has no common interest, and I Ttv IroAninof VVnahimrtnn nnrl TvrrW attarhtvi tn n . . - W rim "7? P. . I YM!,rt jv r--- Whaiiort of interest cin then exist between vnnnues Can an be Doint. ed out 1 What fanner, of Nash ver sent any produce for sale or shipment, to any of the Towns j of Nevhern. Washirmton or Plvmnnth? I mrurl fa.- m -, ..-- - - - tend, that a gross injustice has been done to Nash County, by ehtog her to the 8t Jlg oth District She amendment, in t UllO ftnv A UlAUUiU fC ILO wV& A WVUiiUO eastern Counties. Washington and Tyrrell, having separate and dis-1 1 tmct local interests, will be ukenofi; and Martin Countywhich lays nearer and has a common in terest, will be added. So much for identity of interest." - The Senator from Hertford contends, that the Edenton District, now embraces some of the. most imcult portions of the State for a candidate to nvass : that he will have to encounter the dim- ulty of Nott's Island, Roanoke Island and the anks. If he had, at all, consulted the conve- ience of candidates, he would not have arranged the 8th District, as it is. It extends from within 17 miles of this Capitol, to Caper Hatteras, in- New Inlet : two-toird. of the cc of North Car- I olinai embraces the remote Counties' of TvrrelL tHde and Carteret,, and will require more than 1 four times?the labor to canvass it, that it will the avw" ww" . A Breu,eaw UI 1 canduute, is a matte? of mine indidate. is a matter of minor importance. Mv great objection to the P1m is, that it unites in the 1 gth District, separate.' distinct and conflictimr in- . . . . . 1 U not Martin still further separated froni Curri- separated from them by the same sheetof wa- ter"VI beg to refer the Senator to the map, for he seems entirely unacquainted with the country, pat tne .senator contends, tnat Manm is pnly separated from Bertie by the River Roanoke,' scarcely 200 yards-wide. - Doed hot he knowTlhat Washington County, s only separated from Ber- same. Ttiver ! Much has been said. about ue difficulty of crossmg the Sound, and getting over Jo: Washington and TyrrelL Mr. Speaker, this is no objection. There aie' daily conveyances, irom each of the north Counties, to Washington and Tyrrell The Sound and River 1 Edenton and Plvmouth. and there arereTnlar fr the prominent crossmg same Judicial Circuit the Bar.' who attend Edenton. and thev are never deterred from r.r;-i ing Suits are constantly being removed, and TTV wiew nouucuity m passing. But if this Argument of tte Senator carried any force, it 0, much more strongly against au to Washington and are .not obviated 15 fZZi f es!f?fwM? V to " ?rra D? V7? WM manm. w P8: Py.Dy a wrpwf river, and ffiSvliSw1 same T???1 convenience of crosamj ie equally I . JJY - 1 ! - ' wpw me, wax no one m ine post- tiottowlvdi has hatafananst tlwadoK i rai ronuraxion oi o-j.ioo wmca w oww ib vustu Kesomuop! I jheHtik . 3v taking lartinfrorn thav Distfti and eomna-l .nt aildirw- Waihinrton and TvrrelL the deficit Kir rrtWapnn- lr I Are not of March, 1841. Consequently mat state has - oy uovernor inore- CJonnties of WaKhintrton and TVrrelL noaror been ever since, and is likelv I so to continue. i ntoent, has Wen sustained, ana every j which has been adduced why It should J of the ame ajviimentwhich not prevail, proves sua more conclusively-, should.- - ..Vi'-:''tin .- . The Senator from Hertford has threatened ns, - , .. .... i it... that if this amendment prevails, : the whole plan nhmKted bir him wilt be destroyed. ' We are told of the labor it has cost, 4 the time it has occuptedJ andlhat it, if a compromise between tneviuirat Sir, it iino compromise. v Much tlme'has been spent, and, doubtless, much labor too by a few members,' to'make this plan, and. Use especial ob ject was to make it. to suitHhe cOTvemence, of those few. 1 Their, object must be accompiisueu, let whatever injustice may be done others. -Are we to understand thisas the jrepprt of jlhdtJDii. mittee t Have not man v members U the Com mittee rptested against its being recognised ka their report 1 rl am not toJ mumidated by the fear that if this amendment prevails, the Whole plan will be rejected. Satisfy me that any amena ment is right, and I will vote for it, Showne where injustice has been done to any County, and I will vote to remove it But should the amend ment prevail, and should it have the. effect predict ed by the Senatdr-Jbe so ; we cannot get woree off But it will not have that effect I protest against being compelled .ta taJji this plan as a vhole- We are told that if this-amendment pre vails, it will have the effect t cause the plan submitted by the Senawrftom .Wayne (flirv-eaum; to b adopted. I protest, also, against this issue. The question iii ot on the adoption of that plan. Sufficient. :unto thb day is the evil . thereof." When that plaj -comes ujv I Shall he prepared'to vote on it ; ,-- ;: l Mr. Speaker, there is an historical fact wnich goes far to show that this amendment ought to pre-. vaiL la 1792,.an Actwas passed to lav off. the State into ten Congressional Disft-icts, that being the number of members the .State wl fentitled to atThat time) -!and iri that'Act Chowan, Perquim- ons, Pasquotank, Camden, Currituck,' uates, ifr rell, and Bertie constituted one District j Tyrrell county has since been' divided, and Washington county was formed out of a part of it V' VJt EXECUTIVE POWERS- ' Dariner the susoense occasioned bv the difficul ty in our Legislature of making, an electjon of a Senator, to supply the place of JUr.vrranam, wnose term of service expires on the 4tkf Mareh next, a doubt sprung up as to what Would be the power of the Governor in, case the Legislature failed to make a choice, and adverse ' opinions have been expressed upon the question in the Raleirh Reg ister and Standard. The Standard holdi to the opinion thitthe Governor and Council wottld have the power. to fill the vacancy until after; another session oi ine liegisiaiure'; ana in u(jm- w lu.o opinion quotes the 20th section of the! (onstitu tionot JSorth Carolina-and the 3d section of the constitution of the United States. The Register cuts short the power of the Executively sug- I gesting the fact that the .OKlLsection oi sur staxe constitution was .framed -before the existence of the office of Senator, and therefore that! the ap pointment of that officer could'not be wkhin tlie powers which that section conferred x xn the Governor and his Council. This objection howev er, does not apply to the 3d section of the Constitu tion of U. States, which the' Editor of tl a Stan dard brought out to bolster no his ooin ya at a later period of the controversy. ! But thdagh we CO not coincide With' thtf Reirister in the restnC tion which he places on the power of the Exeou tive, yet we are much farther.from subscribing to the interpretation of the Standard, even after the u.u w vuo humuiuwu u m? w. u brought to his aid. " ! The State constitution says : ; In evry case where an officer. "the richt of whose anpdintment i u - A. iD uj uio wuauiuuuiii fesveu ui um uwim.u- semblv. shall, durirut the recess, die, or lis office bv other means become vacant, the Governor shall have power." &c V The constitution of the United Staies niakes use of nearly, the same' wards : if vacanciei happen, I by resignation or otherwise, during- thtt recess bt I me lesrisiauire oi any otaie, me uecuuve thereof may make temporary appointments until . - - . . iri , m i tne next meeung oi ue legiaiaiure. i Now to us the lanaruaicre in both of jthfte ex tracts appears perfectly plain, andsusoeptible of I but one meaning n vacancies nappen t unrig me I recess of the Legislature, by death, resignation, I or otner contingency wnicn couia noi aave Deen foreseen and provided for by the legislature, then I w- r J . I the Executive is to make a temporary appoint- met. But the case now under conside&tton is not of this class ; it is no more a M contingency" than is the arrival of the 4th of March : it not one of those circumstances that 'happens, and therefore necessary to provide tor by an extra provision in the constitution, as in the sections quoted. It is a. regular expiration of the term for wkichthe ap-" pointment was made, and being ktown to the legislature, opportunity of, appohting a sue- cessor is presented to them ; and if they fail to perform this duty, the power rests nowhere else, and the place must remain vacant until another Legislature can supply the omissioi So also when a vacancy "khappensV in the re- cess of the Legislature, by death, risitrnation, or disqualification of any kind, and a temporary ap- pointment is made by the Executiviof the state ; " " ' , T ""A t, r6'T; ture and if the Legislature then! fails to make thr appointment, the Office becomes vacant, and cannot be again filled by the Executive. ' I f .1 (LL .l " L Instances of both these kinds ark now presen ted in the case of Tennessee. Mi Grundy died, and a temporary s ppomtment wal made by the Governor. In 1841 the Legislature sat, but ow inr to. a disaarreement between tie two houses. they failed to make 'an appointment, either in place of Mr. Gryndy who had died or of the other United States. For though an fxtra session has since been held, yet being composed of the same members who constitutedthe Legislature of 1841, the same1 difficulty still exite and no election of tSenators was made. , If, therefore, the reasoning which we have at tempted to advance has not sufficient force to sus tain our position, the example jwe have brought forward as an auxiliary will aniply sustain us. k . liuisboro Recorder. NEPTUNE POT. FIlESiT OYSTERS 1 ma fish: :. f , .. ! HEW ABHASGEUI fBlHE 8uWriberWslaveres ifqllv to announce . 1. to the Citizen of Raleigh, and adjoining neigh borhood, that OYSTERS, will coi this date, xvkst batih thb we is regularly, from ( roeday , ex- eepted.) Ojaters not reaching herejreguUrlj through the Holidays, ww in ptn owina: Id bad weatlter : the principal cause being, however, dwini to 8erant - - i hi . I.- . vuau.g.ug u'nuw, urj win now come reffuiariv. as fror, m ute: day. above stateJ., He hopes the 10 pAron,ie fi- " heretofore- IESHS assay word is my booJj Ovaters wantrd i&rZaZssni ftom Worfo,k- UnM W of Uieir smlval, will be announce,. .,, week. I have received i f SPICED OYSTERS of i .oDerio. onali, family nee, .nd for Mrmber. to aod awaV ,0 fbeir Familieav.nd frienda. The Subacribe, w.rrinu thee i uj sters to keep lor mootlu. ' JOHN WII.8QN. ;-. i v t Xearly opposite th PosUOtiice. 'i STATE LEGISLATURE, V : :l f Jl- IN SENATE- Thumiiat, JAitVjli ' Mr.- Jones moved thai the vote? ty wlweh was rejected the Resolution in relation to the appoint ment of an Agent to investigate the. affairs of the , Wilmington and Raleigh Rail Road Company, be reconsidered ; whieh was negatived, 23 tot. u, 'iMr. Brown presented a petition from sundry citizens of the vicinity of Raleigh, remonstrating against being taken into.tbercorporate limits of said city. , Laid on the table. ? t - .Mr.-' Dockery presented a bill to incorporate file Alfreds ville Cavalry of Dragoons, in the coun ty of Robeson ; which passed its first reading. Mr. Shepard presented a, bill to require. Public OfScers to give receipts which passed its first reading :' ' The proposition of the Commons, to refer the message of the Governor, with the letter from D." W. Stoned Esq.' relative to the official bond of the Treasurer elect, to the Joint Select CommiU tee on the subject, was agreed to. v " The Resolution relating to the Bank oif the State, the unfinished business of yesterday, was taken up axfd read the third time ; when Mr.. Ed wards moved the" following Resolution as an a- .mendment: ., ,T Resetted, That the Speakers of the two Houses of this General Assembly communicate to the President and Director of the Bank of the State of North Carolina a copy of the foregoing resolu tions. . V .The amendment was adopted, and the discus sion resumed on the merits of the orginal Reso lution, and continued until adjournment Messrs. Brown and. Cooper spoke in favor, and Messrs. Morehead and Dobson, in opposition to the Re solution, The Senate: adjourned, without taking the'question. :. " lf?' 4 HOUSE OF COMMONS. Mr. Wilson, of Perquimons, from the Commit tee on Claims, to whom was referred the Resolu tion in favor of David" W. Greense reported the same back to the House, and 'asked to be dis charged from the further consideration. Read second time and rejected. - Mr. Biggs, from the Select Committee, appoin ted to inquire into the solvency of the obligors, on the bonds for loans from the Literary Fund, made a report, stating that the Governor had given them every facility for an examination, that they found that nothing had been lost since the Board had been established and that they were satisfied that Bonds were good. The report was concurred in, and, on motion of Mr. Barringer, was ordered to be printed. Mr. Walker, from the Committee on Proposi tions and Grievances, to whom was referred, the memorial from the County of Jones, relative to increasing the toll of Millers, reported the same back to the House, and asked to be discharged from its further consideration. Concurred in. Mr. Walker, from the same Committee, also, reported on the bill, to extend the provisions of the. 75th chapter of the Revised Statutes, and to amend the same, recommending its passage. Read the second time, and passed. Mr. Bragg, from the Committee on the J udic- iary, to whom was referred the bill, respecting promissory notes made payable to guardians and passed by them to others, reported that it was in expedient to pass a bill of this kind, and recom mended its rejection. Head the second tune, and rejected. Also, on the bill, to authorize seven Justices of the Peace, of the County of Hyde, to allow County claims, and to appoint election precincts, recommendiing its rejection. Read the second time, and passed ; and on motion of Mr. Jones, of Cumtuck, was taken up on its hnal reading and ssed. Also, on -the bill, to amend an act, entitled an ct,.restTaining.excessive usury, recommending its rejection. The bill was then read a second time, and Mr. Candler moved to lay it on the ta ble, as the gentleman who introduced it, (Mr. Francis,) was not in his seat, but the motion did not prevaiL The question then recurring on its passage, Mr. Moore opposed the passage of the iuJ, be cause it was exceedingly imperfect, and would re quire much time to draw such amendments as would avoid its imperfections. - He never could .at -a .... ai m. a BCCa kmMS OlUUlUCUa OUT UU1C1CUWO a U1UI OJO see. be adminea, any a mere nee in morals, De tween lending money at 25 per cent and shaving an- unquestionably good note at the same discount. But it was clear that there was a difference be tween the value of Notes, .Bonds, &c some of which might be the fair subject of sale, and others' not. Generally the man who sells his good note at a fair discount, is compelled either to sell his DroDertv or his note : and, he askedv was it not rather a delicate interference in private anairs, to forbid him to make sale of anv of his notes 1 How- eveTf he would not make this idea of interference a decisive objection to such a bill, but the bill was introduced, as he supposed, jinder the idea that its passage would have the tendency of throw- iner more money into market, and tnat it would drive shavers from purchasing notes to purchasing property, and that thereby property would rise j and furt thoueht further, that it would diminisn suits. Mr. M. otherwise. - As to suits, they would be as numerous after the jaw, as before : for the man who was so unfortunate as to be compelled to sell his note at a heavy discount, would be compelled to sue in his own name, so that the only differ, ence would be, that without the law, shavers would brin&r the suit with the law. the credit ors themselves would bring the suits. As to the idea that the shaver would become a purchaser in the market for property sold under execution, Mr. M. thought tnat tne nrst thing the shaver would do, would be to collect his money and hoard it till he got litrge sums, whereby the cir culation of the currency would be greatly dimin- 11 l.wL -: li - - " 1 1 isnea, ana xne eargains in saies or property, wnoi ly mononolized by them. That if such a law at any time would be, a wholesome one, now was not the time, for that the shavers were. already kings' of the money market; that they had already enough of the notes of the unfortunate debtors, to absorb all tne circulation m the community, which he believed they would immediately do, and pock et tne money unui exceueni Bargains were otter ed; thereby both diminishing, the circulation, and CUa aVbJaV UllUlUlSUIlUg .UlU VllVUlOUVI depreciating instead of raising the price of erty; : Mr. M. spoke at some length upon the prop the sub- ject, and declared that he would go as far as any one for relief, but that he had no confidence in the measureon the contrary, he believed it would .stop that speedy and quick- circulation of money which afforded the greatest relief to the people greater than large sums which are bor rowed. . -";'". .'- Mr. Francis, f who had returned to his seat be fore Mr. Moore had concluded,) said, that he was rather suprised at the course taken by the gen tleman from Halifax, on this bill. Gentlemen of the legal profession are usually the most anxious to see every law effect the design or its enact ment: but, sir, it must be obvious to every gen tleman on this floor, that our present usury laws, so far from being effectual in preventing the op pression practised on the debtor portion of the community by . money-holders, tend very greatly to increase the facilities of these blood-sucker?, in the shape of shavers, to prostrate and totally ruin those who have the misfortune to be indebt ed in this time of pecuniary embarrassmenL Nav. more, sir ; it often happens that the neighbors, of the debtor will become his security to the nomi- nai payee, wnose name is mterposed for the pur. pose of evading the law ; i when if the note was made directly payable to the money-holder or shaver, whose character is known and whose oc- cnpation in the coi ion renerally gtres to that character its tone j mmunitsdiar lmvolvinthemselvcs I by becoming security they . would : save perhape, from nttef and hopeless ruin, the thoujhtles vic tim of nsurioiis cupidity. .'-C-'Af- ''. i.i- But we axe told, that unless yon permit the Jaw to be thus indirectly violated, (for the gentleman' arguments can mean nothing else,) that ' these haven, will Jtoard m their monev and conse- nnpntlv dimininh the amount in circulation, until finally the market for property will be entire Jyun- The bill to prevent unlawful mining was taken der the control of those individuals who are now up on its '. third heading. Several unsuccessful a noxious m the character of shavers v It is very motions were made to amend; the bill, anf itwai char, said Mr. Francis, that none except the mi- discussed at fome length, but- finally passed its ser will hoard up his money. A thirst fur gain third reading, and was ordered to te engrossed, will always operate upon those who hold money, Mr. BrammeU presented a Resolution, instrue to keep it active, and by a judicious provision in ting the Committee on Military Affairs to inquire the la w'regulting execution Sales, to which this 'into the expediency of - so amending the Militia may becoMideredas auxiliary, you will at least Laws, as to exempt commissioned officers from check in some degree an evil which tends more' working on roads ; which was adopted. . to impoverish,- and drive, ta utler desperation la The bill concerning the ' fishing with seins in lajge class of our fellow-citirens, than any -other Beaufort county, was read the third time, and use nowexisting. But this system of shaving, passed. - . . . , : T as now practised, has stilt more deleterious ef- , The Resolutkm in favor of Jacob Shultz, was feet upon the morals of society ; for wretched as read a Uiirdiime, and passed. , the victim of the shaver is" rendered by this prac- . Mr. ; Jones, of Orange, presented a memorial tice of skinning, I yet think that the example" set 1 from James Erwin, in relation to Cherokee Lands ; before the community, of violating a positive law which was referred to the Committee on that sub by a mere artifice, with impunity, must, in a great- ject Also, 'a communication from a citizen of er or less decree, tend to lessen that respect for Orange, relative to the appointment of a consta- the law which can be in any society governed by I laws, the only safeguard of civil rights. Let it be once understood, that by. a slight quibble, a mere subterfuge, you can violate and yet evade the penalty of the law ; and such infraction, so far from being discountenanced by the legislature, is actually passed upon as a blessing to the people. He could assure the House, such a course leads directly to anarchy and diicord, to theperr version of social order, and ultimately, to the over; YlZ ' shall fell by J and little. ; t. f, Better.far b uow remain Jmt a dead httff ;j8M boot. If it be considered a blessing pr usury mdirecUy, flj hJ3SSgf- be doubly blessed. If, on the Othw it has a pernicwus effect on P'S those who 'are. Jeast able to bear it, then. I would say pass the bdl on your table j permit nonejby Dtntaimm tn vinlata that later oritn mn in IV TWr. . ;& - 7 l . r .7 . " r :.l ' i..f"l. icti as idx as uuuidu wBuuureu uu twi duumut i uMu wu j , uj a f nLT-S'nw? t at a of its provisions. If it be oppress injunctions, est intraction of its provisions. If it be oppress sive or inexpedient, repeal it altogether ; but do not hold out inducements to the practice of fraud upon the law, as such a course of legislation has a direct tendency to subvert every legal restraint and moral obligation, which are the very bulwarks of social order and good government. ' Mrl' Taylor, of Nash, briefly replied, to Mr. Francis, but could not be understood, by the re porter. The question was then taken and the bill was rejected, on its second reading. Mr. Bragg, from the same Committee, to whom was referred the bill, to amend the Revised Statute, concerning the Supreme Court, made a report, recommending its rejection. Read a second time, and on motion of Mr. Moore, laid on the table. Also, on the bill to amend the 24th Chapter of the Revised Statutes, concerning Crimes ''and Punishments, recommending its rejection. Read a second time, and rejected. " Also, on the bill concerning Executions, re commending its rejection. Read a second time, and rejected. Also, on the memorial from Orange and Burke, praying for a repeal of the law giving the elec- tion of Constables to the people, stating that the Committee had 'reported a bill for that purpose which had been rejected by the House, and ask- ed to be discharged from its further consideration. Concurred in. , Also, on the engrossed bill, from the Senate,' for apportioning the members of the House of Commons among the several Counties of this State according to the Federal population, re- i commending its passage, ine but was re an a second time, and the question being on its nasi sage. - Mr. Avery moved to amend by taking from the County of Burke one member, and eivimr it to the County of McDowell, but the motion did not prevatL Mr. Francis moved to lay the bill on the table, but the motion was not carried. , Mr. Ashe moved to amend by taking one mem ber from the County of Anson and giving it to Union ; but the motion was lost Some debate ensued, on the constjtutional dif ficulty created by the establishment of new Coun ties; and Messrs. Moore and Biggs declared, that they could not vote for the bill until the diffi culty was removed. The bill was then laid ' on the table, and made the order of the day for to-morrow. : The Speaker then announced the order of the day, being the bill to lay off the State Into Con gressional Districts. The bill was read a second time. , ' Mr. Stowe moved to amend by adding the words and Catawba? after Lincoln ; but-the motion did not prevaiL And the bill passed its second reading. - Mr. Hawkins, from the Joint Select Commit tee, on Military Anairs, to whom was referred the bill to repeaka portion of the 03d chapter of the Revised Statutes, reported the same back to the House with an amendment, and recommend. eaus passage, une name nc auoptea. ana . ine bUlpassed its second reading. The Speaker laid before the House a communi cation from' Charles L. Hinton, Esq., late Trea- V a -a surer, siaiing txis wisn to aenver tne monies ana effects in his hands to some one nronerlv authoriz ed, and asking that a Committee may . be appoints ea io seuie wiin mm ana receive tne same. . . ; On motion of Mr. Moore, it was ordered that the communication be sent to the Senate, with a proposition to refer the same to the Committee on Finance, with instructions to said "Committee to confer with Major Hinton, and solicit him to continue in possession of the Office until bis suc cessor is qualified ; and to report a Resolution to Eay him for the sacrifices already made, and which e may make in the discharge of this duty. ,r . Mr. Rayner presented a Resolution, instructing the Judiciary Committee to inquire into the ex pediency of repealing or - modifying the law res- pvcuug usury , wuicu was rejeciea. A message was received from his Excellency, the Governor, relative to the weights and mea sures ordered to be procured by an act of the last Legislature ; which, on motion of Mr. "Barringer, was referred to a Select Committee of five. . The following engrossed bills from the Senate were read the first time and passed : a hill to amend an Act for the establishment and better re gulation of Common Schools referred to the Com mittee on Education; a bill to incorporate Cape Fear Lodge, No; 2, of the Independent order of odd Fellows ; a' bill to amend an Act passed in the year 1840, for the relief of. the 'Wilmington and Raleigh Rail Road Company ; a bill to extend the time, for taking stock in the Hickory-nut Turnpike Company ; and a bdl to alter the Elec toral Districts of this State, and for other purpo see referred to the Committee on the Judiciary. The House then 'adjourned to half after 3, o' clock. J . - - -! j;v W'vr.V.-;;v'i s -'M. .J i .Eviniio'8isai. -it The bill to prevent the felling of timber" in first Broad River, or otherwise obstructing the same, was read the third time, and passed. ; V 5 ine oiu 10 exempt certain articles of personal Vol! from exwntion, was taken ng on its third reading. ; , . :. Mr, Cardwell moved to strike out all thX arti- , r ties but an additional -bed and farming tools not ; prevatL 'Jii:iZvrr"'--- -'.vJj:..v v- Mr, Kelly moved to amend, by providing that the provisions of the bill should onlyviKtend to a man with arwife and child 4. but subsequently withdrew his motion. : ' . ... The bill then passed its third reading, and was ordered to be emrrossed. v, ble by a volunteer company ; which was referred xa the Committee on Military Anairs. i ne House men aojournea. , N SENATEidaV, Jan, 13. The' Resolutions, heretofore offered by Mr. Ed wards, providing that if, thev Bank will tender its Charter during the -present session, the State m the whole win. accept it, were again xaxen up, ana discussed Bitting. Mr. Joyner made a Mr. Jacock. ak spokeagainst them. At a late hour, the. vote WaTtaken on their passage; and decided in the affimaUve, as follows : yea-Messre. Arringmn, Allison, W Orange, Ennett) Exum. Hester, Larklnsi M&vin, Mitchell, Moore Ray. Shepard, 'Speight, Stafford, Stall Swinin; 'Toml nion, Walker, John W. WillimB and Wtn. P: Willi;ms-25. " M UeesH- Allisonf - 11, V & ilurffin, Cathy; Dobson, Dockery, Elliott, Howard, tt T T Ml.J M Hodges, Jacdbks. Jones, Joyner, Morehead, 7 Rnelin, Rojers SpruUl, Tl j, w.w . , f . Thomas and Worthr-2L They were then ordered to be transmitted to the Commons. - ' f - ,The bill to prevent the suspension of Specie payments by 'the 'Banks, was taken up, when Mr. Edwards presented the following substitute, which waa read and ordered to be printed : h j f. Bs it enacted by Hut General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the tame, That, if any Banking In- stitution in this State shall, after the taking effect of this "ActJ upon demand made at its . Banking house, or usual place of doing business, refuse payment of its Notes, Depositee, or other Debts, in gold and silver coin, the value of which is fixed by the laws of the .United States, and shall con tinue so to refuse, for the period of thirty days, in any one year, such refusal shall be deemed, ta ken and held, to be a forfeiture of its Charter, and of all franchises, powers, and privileges, con ferred by its Act or Acts of incorporation. IL Beit further enacted, That whenever anyy Bank shall have forfeited its Charter, in manner declared in the foregoing section, it shall be the I duty of the Attorn ev-General, and he is hereby expressly directed and required to prefer an infor- mation against such.Bank, and to proceed in all respects as is provided in the 26lh Chapter of the Revised' Statutes, entitled An Act concerning ktrrationa.''.- ili' . . , ' J HL Be lirtW'friacid, That whenever the Attorney-Generalshall need or require the assis- tanee of other CounseV in any proceedings he may institute or commence against any Bank in this State, it shall be the duty of the Treasurer, i upon his application m writing; to employ some j one, learned in the Law, as such assistant Counsel. The resignation of Richard D. Spaight, as one of the Councillors of State elect, was presented by Mr. Pasteur, read and accepted. Leave, of absence was granted to Mr. Moore, for the residue of the Session. Mr. Elliott, from the Committee on the Uni versity, reported adversely to the Resolution, pro posing to repeal the Act of Assembly giving es cheated property to the University. Concurred Mr. Hester presented a series of Resolutions, declaring that a. Bank ought to be established at Henderson, with a: Capital of. 0100,000,, with a view to encourage and build up a Tobacco market within our Own State, and that a bill be reported to that enect.- , Read first time. a.- - ,f-- HOUSE OF COMMONS. On motion of Mr." Norcom, the resolution in fa vor of Bryant & Maitland, was read 'the second time and passed. .1 The engrossed bill from the Senate, for.' estab lishing a Superior Court of Law and Equity in the county 6f Caldwell, and for other purposes, was read the first time, passed, and referred tothe Com mittee to be composed of the members from the 7th Judicial Circuit; and the bill 'to provide for the assessment of Real Estate ; the bill to incor porate the Town of Shelby, in the county of Cleave land ; and the bill to incoiporate Henderson Acad emy, in the county of Granvillei were read, the first time and passed. Mr. Pope, moved a reconsideration of the vote rejecting the bill to amend the 24th chapter of the Reyised Statutes, concerning Crimes and Punish ments ; which was. agreed to, and the bill was laid on the table. 1 ! ' On motion of Mr. Candler, the bill to erect the County of Gaston, was taken up on its second reading ; and, on motion of Mr. Cardwell,. was indefinitely postponed. , The engrossed bill supplemental to an act pass ed at the' present Session, to lay off and establish the County of Catawba, was taken up on its eec ond reading.., , . " Mr. Biggs moved to amend by inserting a clause, so as to provide for the repeal of the seotion in the bill to establish the. County of Catawba, which enacts that said bill shall go into effect from and after iU pawae ' wh on was carried Mr. Baxter moved to amend, by adding sever al sections, so as to provide that this Act, and the one to which it ia i supplement? shall not go in to effect until after the next election, when the people of Lincoln shall Vote for and against a di vision, and if the . majority is in favor pf a division, then these laws shall take effect and if against it, thatthey shall be void. : 'tV-:' ; Messrs. Stone and Wilson opposed the amend. ment,nd Messrs. Craggy Scales, Cardwell, and Francis Supported hv - ? t?? . ! ? The question was then taken on the amend- ment, and it waedeclded in the negative, by a vote of69 to4L '. - ' Mr. Scales "moved to strike out all after the enacting clause and to Insert a clause repealing the Act establishing the county of Catawba. Mr. .Nash was in favor of this amendment. He had acted, as he now had reason to believe, from mistaken views in .this matter. He was opposed to the divisionof counties,' and had .voted against every one this session but that of Lincoln and in that case he had been led to believe that a large majority of the people of Lincoln were m favor ot it f He woujd be glad tQ have an opportunity to 1 retrieve his error. 4 n a