...
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