Gov. GRAHAM'S MESSAGE To the BnclteGenl f the people, aith a kn0wlcJgC of the tare, bringing. of ttcir constituents, eenWnts, wishes f.WJ f . as well as of tbe naoatrecvni v" -"- of the Government, in every ri-g. or-; .TJST-j -m. Trra more important, than hare l2ma Section, than td that department of our VTS cT with themioiration of XicVairs, ith g orer. the public inteiintheTacaUonoftheLegialatnrc. Before presenting to your consideration, the mat ters of ccneral concern demanding our joint counsel and mntdal endeavors, for the well being of the State, I deem it meet to remind you, of our obli vions of gratitude to the Supreme Ruler of the Universe, for the preservation of oar Institutions, and thecountless blessings of his Providence, which have been continued to us through another two years of our political existence. Though wo have been afflicted by disease, to a greater and more fatal ex tent than has usually fallen to our lot, have suffered v rfwmThfc and consequent failure of crop, And from casualties by flood and fire, yety have we ..Knn.i-int rison to rejoice, in what has been vouch safed to us, rather than to repine, at what has been tiifFewvl nr denied. The Revenue and Finances of the State, always A subject of moment to the people, and to the Legis lature, will derive additional Importance at your pre sent Session from the circumstances which now sur round us: The Reports of the Public Treasurer, r.uJ Comptroller of Public Accounts, will make you acquainted with the transactions at that department since the last adjournment of the Legislature, and the demands which will fall npon it before the next biennial meeting. Our present political arrangement comprising biennial Sessions of the Legislature, and seven judges of the Superior Courts, besides the J n .i,v;oi F.Tutive establishments formerly exist- ),.. nw ftmtinucd for ten years. During this .J;.Ll tbe averacfc expenditure for the ordinary sarport of the Government (exclusive of Disburse ments for re-building the CapitoL and the interest on a loan effected to pay the State's subscription lor Stock in the present Bank of the State, in former years, and of payments Iota flWount of suretyships for Rail Road Companies more recently.) may be stated with sufficient accuracy at about $67 ,r,oo per annum: or S90.W0 for the odd, and $45 000 for the even year of the series the difference being bvi nM.nfAnAd1iT theScsstan of the Legislature in .nan1,iii rir. In the same time the income from ordinary sources or Revenue na Bttcvu i.u J , .1 CC-) 000. the excess or wmcn ' t,.o Kwm devoted to the account of re building the Capitol, interest on the States debt as before mentioned, until it was discharged, and of her i vm:-,. nil Road Companies. These ex Inordinary demands on the Treasury, by reason of the Rail Road liabilities have so accumulated from r.n T.prUlature, at either of the two last Sesions, to make timely provision to meet them, ! as to increase. the difficulty of your task. But, it rsbelievcd,.that this may be readily .overcome by proper and energetic action now, without imposing onerous or unjust burthens upon i our t ' For the WUmiPZtoa & Raleigh Rail Road Com oany, the State became surety by the act of 1840. Tor the sum of 8300,000, payable ui six anaual in raiments of $50,000 each-beginning f on the 1st of January 1842, and ending the 1st or January 1847, The first of these instalment was paid by the Com pany: The eecond falliug due the lt of January i J843 while the General Assembly was in esion, and beine ppriwd that the Company was unable to discharge it. they directed Ibe Literary Board to in. 1 f est S50.000 of Us funds, by purchasing the bond, which constituted the evidence of thia debt. Tbeae bonds are still held a a part of the funds of that Board. But. for the instalment, payable the 1st of January 1844. no provision was made iu the event of its falluifc on. the Stale; which contingency hap peaio. it we taken np by the Treasurer, with the public fund, and that set f bouds . now held at the : v..,- B lha Act of' the ' Wialature, t the iartSeaeion, other bond indorwsd by the State were allowed to be issued, in lieu of those becoming due in 1 845 &.IS46 on which credit were extended to 1848 &.1849, the interest whereof ha been kept down by tha ComDanv. a it ha been, alao on those held by. the Literary. .Beard, and the Public Treasurer. A fcew mortgage en all the property of the Company, was taken to secure the State against thi new in i4M..nt 1 m not informed whether this Com- uxotuku. . . ... . ia nnMl IA IMT Oil LIIU rDIiiaiUlU? 1IIMU10UV - on the 1st of January' next, but their , income U on doubtedly sufficient for the payment of all their in terest on loan, and the gradual reduction of their i principal debt While thi continoe to be the case, ! there can be no objection tb continuing the State' ' credit to them, to the extent of her present liabilities. It i not therefore anticipated, that any demand on the Treasury will, in future, arise from the affair of the Company. 1 " 1 By an act of the Generaf Assembly in 1839 the State became, in like manner, surety to the Raleigh iud Gaston Rail Road Company, for the sum of 8500,000, of which the interest was to be paid mi " annually as it accrued, and the principal to be re tieemed at the pleasure of the Legislature, at any time after tha 1st of January 1860. A like aurety ship for $300,000 was undertaken for thi Compa ny by an Act, passed ia 1841, the interest whereof was to be paid a on the former loan, and the one nik vrth nnarinal to ba re-oaid en the 1st of Jan- ..h mm 1R45 ia 1854 in elusive. Of utlT IU cavil J v s m lh cia of bond, it i understood that Sl3.00Owa never used by the Company, and therefore, that the .. . r..B.niodation indoraer, i not liable on fthem. Thia latter Company, having paid no part of iU principal debt, and but a oie msiaimeni oi mie rest, it whole liability has, for the present, fallen on the. State, which ha, thu far, kept down the inte rest on both description of bonds, and discharged two iestalmenl of principal, being $30,000 each, and be coming payable In the year 1845 and 1846 respec tively. To accomplish this, however, ome portion r the Literary Fund has been psed and 850,000 ha been borrowed from the Bank of Cape Fear. ' The : State, is, therefore, still bound for the interest semi : annually,' on the whole uni remaining, viz: 727, ; 000. until paid, as also for $30,000 per annum of , principal, lor me nexi eigni year, wi iue rrauuc oi i .a a a i -i r : $500,000 at sucn Umefter the lit or January leou, ! as the Legislature fhall hereafter appoint. For her indemnity against these responsibilities, she has 1st, the proceed of the aale of the Raleigh and Gas ton Rail Road, if it 'shall be deemed expedient to Make a re sale, or U income, over and above expen ses, if .retained. 2nd, the obligations of individual Stockholders, under the 14th section of the Act of 1839-,ahd of the Stockholder and subscribers, who rave Bond under tire Act of 1841. Whether these resources cau be relied on, to indemnify the State ul timately, against her whore liability for thia Coropa . toy, admits of question ; but that they will afford the ; ineans of indamnity to a very Considerable extent, is sot doubted. - These means, however, will not be in Jiand. ia season to meet the more immediate calls on ; the Treasury, a before, stated, and the scrupulous ' fidelity aud honor, with which North Carolina has ever maintained her public engagements, require that : ample means shall be provided in advance, to save the : public faith in any contingency. While, therefore, ; your efTarta will be directed to the most eligible mod t( making thia iudemnity effectual, it i indispensable I . that measures shall be adopted for an increase of the j. Revenue. How this can be realized with the least hardship to the people, ha employed my anxious re I; flection, and the result i offered with the deference ;. due to the superior wisdom of the Legislature. : Our income, at present, k derWed chiefly from levirt on land and person. These should not be a og- :. mented, until other sources, or Kereuae have been I tried t but the rales now laid should be failhfull v naid. j end punctually and folly exacted. And judependenU i ly of the pressing wants of the Treasury I should j lave tf commanded a new assessment of Lands, with view u greater accuracy in the fixation of value on i eh rct, and aome proTision for a more correct en i iwtment of Poll, a a measure of justice to the State Ad fat AiialmiK Tl.e, 1 ? T T - v,,..,. - tuwi, nionr tivr caucus, uar Iftf Tor r, .,. 1 . i . . :i " cenU Pr auuum on the one hundred dol lars value. Tlfe habitoal negligence, which ha pre vailed in returning lands for taxatioa, aud acextam. in-their valde will ba manifest fry m a few. fact in the history of the Re?eilo the; year 1815the agrregate value of tie lands1 of the State, eei lor taxation nailer ine- wr m vngrw, w 521,513. But, in the year 1836, the whole quantity of laud liated for taxatioa we valued at only $39,- 136,108. To correct thia criminal delinquency ui en listment and valuation, the. Act. of J836,.dirctfdsa, new ansenment of Land and improvements, by mean; of which, the same sobject of taxation .id the .next year was raised in value to 651.0117, and 6.000 more waa added -to tb Roveanr.--Thia valuation. however. Is obviously defective, since it fall two and a half millions of dollars below that of 1815, although more than a million and a half of acre had bean pa tented in the mean time. It is reasonably estimated, that with an area of 50,000 square mile within our boundaries, there are 45,000 square mile, or near twenty-nine . million of acre of territory inhabited. Making the utmost allowance for land not yet gran ted, it eao hardly be possible that leas than twenty- five millions of acre are chargeable with taxes. But from a statement ' appended to the Report of the Comptroller, it seems that 23,267,472 acre comprise all, of which any return have been received, and that of this, the averaee value for taxation is but $2,281 per acre, against a like average of $2 69 iq 1815. . The act of 1836 contains no direction for a new assessment at any subsequent time, and the val uation under it. loose! v made ten vears atro. is the criterion of our Land Revenue at preseut. Besides, very considerable quantities, since entered and pa tented, ten years have greatly enhanced the price of much of the Land in the State, in consequence of improvements aud discoveries made within that pe riod. The erection of Manufacturine Establishment, the Discovery of miues, the construction of 250 mile of Rail Road, the improvement on Keal rotate in many of our Towns, and the rise in value of Forest lands, yielding Turpentine, will at ouce occur as il lustrations of this truth, to say nothing of those devo ted to ordinary culture. There may be occasional instances of a decline in value, but with the data be fore us, it can hardly admit of question, that upon fair assessment of Land aud improvements, the aggre srate value will exceed sixty millions of dollars : aud that from failure in dulv exacting the present rate of Land tax, the State is annually deprived of seven or eight thousand dollars, at the least calculation. Sur prising as this may appear, there seems to be a deficit of nearly an eanal amount, in the payment of the Poll tax. The tabular Statement of the Comptroller, before referred to exhibits for taxation the next year 62,795 black, and 54,226 while Polls, includiug all of whom there is any account, both listed and unlist ed. The Slave population of th State, according to tha Census of 1940. numbered 245.817. All of these, between the o?es of I2aad 50, are subject to taxation : and by estimate frem reliable sources, thi regulation renders taxable rather more than one-half on eech Plantation. A lull enumeration, tnereiore, of taxable Blacks, ought to embrace about 125,000, Of Whites, all males are taxable between the ages of 2l and 45 yaars. There are found on our Muster Rolls, the names of 76,568 men, compreheuding theme between the age of 18 and 45 generally, but not including numerous exempts under various Stat utes. Making liberal deductions for those between 18 and 21, and adding exempt from military duty, who are liable to taxatioa, end there, must still re main more than 70,000 taxable white Polls, and con sequently a total of l95,0t)0 taxable Polls in the State. Our Poll tax has been gradually increasing (or the last few years, and. for the past year, appears to have been collected on 164,464 persons. That it ha been negligently attended to, is manifest from variance ef Jrom four to five hundred dollars per annum, sometime on one side and sometimes on the other of the account, in the amounts collected during the last four years. "It Is, therefore, an imperative doty of tha Legislature, as well, in justice to those citizens whose Lands and Poll are fairly assessed aud enlisted, and who are contributing accordingly into the Public Treasary, as to the State itself, to require a new assessment of Lands' and improvements to be justly made, on inspection of the premises if necessary, and to provide for an accurate and full Census of all taxable persons. No valuation of Lands can continue to be a just criterion of worth for any considerable period, and a re-assemeat should ba provided for, once at least ia five years if it be not annual. . By adapting these measures of fairness and justice, t collect what is now imposed, without any increase ef taxes, it may. be reasonably expected that the Public Revenue from present sources, now equal to about 86,000, may be raised te $100,000, per aanum. , These regulation 'should . be made to take effect immediately, that the Treasury may experi ence their benefit in the course of the next year. Further to augment the Revenue, it ia proposed that a tax be imposed on Pleasure Carriages, and Gold Watches kept for use, and, if deemed expedient en any other article of luxury," to go into operation at once, and continue in force until the expiration of the next Session of the General Assembly. It is submitted to your inquiry, in connection with the Revenue, whether the Bank of Cape Fear has paid te the Stale, andNthe Literary Fund, the fell amount semi-annually doe for Dividends their cus tom, being to pay the tax on the Shares of Stock owned by individuals, out of the whole profits of the Bank, instead of the Dividend of profits allotted te individuals. This course is supposed by ,them to be sanctioned by a decision of the Supreme Court, on the taxing clause of their old Charter; but the re newed Charter ef 1833 is in different language, and it could hardly have been the design of the Legisla ture to exact a less tax on the Stock of individuals in thia Bank,' than on that in similar institution in the Stale. To aid the Treasury, until other means can be re alized, I suggest that the Bonds, NoUs and Judg ments, held by the Literary Board, consisting chiefly of the ; unexpended balance appropriated to drain Swamp Lands, be turned over to the Public Treasu rer, to be collected and applied according to our ne cessities ; but, that the State be charged with the amount thereof, as a loan, the interest of which shall be faithfully paid a an annual part of the distribution for the support of Common Schools. The effectual security of the Principal, and the punctual payment of the interest, is all that is now desired from the Li terary Fund. The proposed disposition of this part of it, while it supplies the present wants of the State, will relieve the School. Fund from the expense inci dent to the present Loan Office in the Literary Board ; and the increased Revenue, in the mode al ready set forth, will afford ample means for the pay ment of the interest. It will simplify the Public Ac counts, to direct the Bonds of the Wilmington and Raleigh Rail Road Company, now lying in the Trea sury, and amounting to $50,000 as before stated, to be transferred to the Literary Fund, and as an equi valent, that the Tavern aud Auction Taxes.be here after paid into the Public Treasury. To liquidate the Slate's responsibility for the Ra leigh and Gaston Rail Read Company, as early as practicable, I recommend the creation of a siuking fund, to be applied in buying and in cancelling both kinds of Bonds, whea they can be purchased at, or below per, to consist, 1st, of any Surplus which may be in the Treasury, after defraying customary expen ses and specific appropriations. 2nd. Any income derived from said Rail Road if retained or its proceed if sold. 3rd. Any recoveries effected against the Stockholders in said Company, under the 14th sec tion of the Act or 1839, or against the Stockholder and Subscribers under the Act of 1841. Suits are now pending against sundry obligors on the Bonds, given for the State's indemnity under the Act of 1841, who failed to renew their bonds biennially, as required by Law, and I regret that, no decision has, as vet, been rendered in the premises. It w conten ded on behalf of the State, that a failure to renew, is a breach of the condition of the Bond, inducing a forfeiture of the whole penalty. Since - the foreclo sure of the Mortgages, and the insufficiency of the real and personal estate ef the Company, to indem. in j i nm oiBis iu nrr Kcumjiaip, it nas Decome an interesting question to what extent can she claim to be indemnified by the Individual- Stockholders and Bondsmen, and at what time is her right thereto to be asserted 1 - By the I4tb section of th Act of 1839, in tb caae which haa.happened, te wit, of the in nfficieaey ef the property of the Company, te pay off and satisfy the full amount of Bonds, then direct ed to be indorsed, iucluding the prUcipal 04 inter fit thereon" each and everv Stark tint it r a n bound, to pay towards making op such deficiency, an I "". coirvpouO!r . wjuvtw Stock held therein, . m lime' wueu sucrt (dekeiejnfcy t-uOnld be . aseer- tained. The Att of 1841, deftiened from 1t title. farther to secure thi State arainst to, as well as to great further aidlo tbe'Conipany, provided amongst otner unsgs, lor me execution and delivery oi omuos, in the aggregate penal sum of $500,000, by Stock holders and.- Subscribers, covenanting to indemnify the State against any loss or damage, ia conse quence ef her suretyship in the premises, and, in sufficiency of . the real and personal estate and pro perty of said Company to discharge the same." J ai.wouki seem, inereiore, to nave oeeu uie inienuon of the Act of 1839, to hold the Stockholders iudiTid ually reeponaibl for,.4 any losa to the Stale' ia the payment of principal or interest! atec applyiag the mortgaged property, to an equal amount with their subscriptions of stocky Nothing thai J. perceive ia the Act of 1841, changes lhatlntentieii Th Bond directed to be taken, appear to have been purposed, at the least, as cumulative security for the former liability, and to provide a more easy remcdy'tit Case of non-compliaue. Whether the 'Bonds actually taken conform to this construction of the Statute, or whether it may be necessary to resort to a Court of Equity to assert the State remedy in its full extent, on the ground of mistake or inadvertence in frarnlng the Bond, m a matter for your mature deliberation That the Act of 1839, section 14, obliged the Stock holders to save the State harmle8,.both a to princi pal and interest, cannot be doubted. Nor, will it be readily admitted, that the Act of 1841, in pari Ma teria, was designed to abridge or surrender any se curity. Those Stockholders, who did not give Bduds, seem to be responsible to the amount of their stock, under the Act of 1839, for both interest and principal. And it would be an anomaly in the subsequent pro ceeding, if tbey are under heavier obligations than their associates, who entered into bonds besides being Stockholders. But whatever may be the extent of the liability of these Stockholders and bondsmen, or wliatevcr may be the forum to enforce it, I apprehend that Ihe event has happened on which it may be at once asserted. An opinion has prevailed, that the State; althongh obliged to pay interest in the meanXuaie. ana ?suu UOO.of principal in 1860, or thereafter, could have no rcdi-ens on these obligations until after that dis tant period. The law, it is true, renders the ucDt irredeemable until that time, to give the capitalist assurance of a long loan and thereby to enhance the value of the stock. But after exhausting the reme dy by mortgage, and it being demonstratively cer tain "that a large balance even of principal, must be paid by the State, I see nothing which requires de- f . ' . . i 3 I; ,.J my in exacting any pari oi ine inacmniiy supuiaicu Should these suggestions meet your concurrence, you will of course give the corresponding directions to the Law officers of the State. How much may be realized, cither from the income or re-sale of the Rail Road, or from the liabilities just referred to, is as yet uncertain. In advising, therefore, but a tern porary provision for extra taxation, I am influenced by the consideration, that possibly it may not longer be required, rather than by the fear of any aversion of our constituents, to contribute whatever may be needed to redeem the public obligations, however in cautiously or unfortunately entered into. The odi ous doctrine that a State may refuse or postpone the fulfilment of contracts guaranteed by her public faith and sovereign honor, has no resting place in all our borders, and I run yet to hear of a single excep tion to the unanimity of our people upon this subject. Legal proceedings were instituted for the foreclo sure of the Mortgages, on all the property of the Ra leigh and Gastou Rail Rood Company, at Spring term, 1840, or tne court ortquity or wake County. as directed by the Act of the last Session. But ow ing to the resistance made by the Company and the decision of the Superior Court In their favor, an ap peal was renaereu necessary to the supreme fJourt, and the decree of foreclosure was postponed until the Antumn term of that year. A sale under this decree was made on the 29th of December following and the Kail ltond, ami all other property of the Company, wasfgvurchased by the State, on the bid of the Governor, at the sum of $363,000, the amount authorised by the act aforesaid. Possession was ta ken on the first of January, 1S-16, by the Board of Commissioners constituted by the Act in the event of such a purchase, and officers and agents were ap pointed to manage and conduct the operations on the rood, as the property of the State. - A report of their action thus far, will be laid before you by the Board ia a few. days, embracing the statements of the President and the, Treasurer ; and ' the . jour nal of the Commissioners, as well as all the vouchers and books of account of these officers will be at any time open to your inspectfon. . Upon the construc tion given to the Law by the Executive no part of the former earnings of the Rail Road secured to the State, by a decree of sequestration against the Cdm pany, could go into the hands of the Commissioners; and the sum of $2,600 accruing from that source has been therefore paid into the Public Treasury.. It will thus be perceived, that to support the operations of the Road in all its deportments, there .was to be no other ' reliance .'than on its own receipts, from and after the first of January last - 4 - ' The experiment to this time, removes all doubt of the ability of the. Road to sustain itself, if well conducted, so that its advantages will still be contin ued to the people of the State, and encourage the belief, that after all necessary outlays for repairs and expenses, even at the present rate of income, it will afford some returns to the Treasury as profits on its cost. The current year has not been regarded as quite so favorable to the business of the road, as may be expected in general, by reason of diminished freights, from the shortness of the crop of .Tobacco, less accommodation in Stage travelling in connexion with the Rail Rood, and other : causes. Notwith standing these disadvantages, however, the amount of earnings of the establishment for ten months, has been near $51,678 00, and the disbursements in the some time, for expenses, including the purchase in October of an additional Locomotive, about $36,000. The Officers of the Road have been instructed, that while they observed all prudence and economy in expenditure, no needful repairs were to be neglect ed ; and its condition is believed to be now equal to, if not better than, at the time of sale. On the 1st of July last, the sum of $7,200 was paid out of its pro fits into the Public Treasury, to defray the interest on $240,000 of Roil Roads Bonds, then falling due, for which the State was bound, as already shown ; and on the. 31st of October, there liad accumulated a balance of about $8,300 more. . - The importance of thia public work to the Agri culture and Merchandize of the country, will be ap parent from the exhibit of 25,500 00 dollars of the abeve earnings, for freight on transportation of prop erty. What disposition shall now be made of the Rail Road, is an enquiry of much consequence. It was not thought expedient to offer it for sale, under the powers conferred on me by the Act of Assembly ; and no tenders have been made for purchase. I re commend that it be placed under the control of the Board of Internal Improvement, or other Commis sioners specially appointed for that purpose, with ample powers to make sale in whole or in part, and to agree in their discretion upon terms and price lim ited only by the amount at which it was purchased by the State as a minimum. But in the meantime, that a Committee of your body shall make a thorough examination of the entire concern, receive any offers of purchase that may he made, and give instructions to such Commissioners in so far as may be deemed advisable. Such works ore more likely to be advan tageously carried on under the keen eye of individ ual interest, than with the supervision of public a genta only. ' And it is therefore desirable, that at least half of t he property in this Road be sold, that it may pass tinder the control of a directory having an interest in the adventure. This course is also made acceptable from the consideration, that any sums falling into the Treasury, from the sale of the Rood, will, by so much, relieve .it from the involvements contracted. cm its account ! The yearly Report of the Wilmington and Raleigh Rail Read Company has not yet been received, but will be submitted to you along with the Report ef the Board of Internal Improvement. In November last they exhibited a redaction of 50,000 dollars in principal of their debt, besides the payment of inter est on all loans In the preceding twelve months ; and it is supposed that the present has been a year of still greater prosperity to that Rail Road. - The Act of your last Session for the re-organization, of the Portsmouth and Roanoke Rail Road Com pany, by a sale of it property, under the authority of both States, was not acceded to by the Legislature of Virginia. That body, however, has made a sepa rate enactment upon the same subject rhatter, d novel ia feme ef it previsions as to call for .a moment's no- V - .. .. - . . m If any time thereafter the State of North Carolina or any UompaBy incorporateo; oy ner lor purpose joi,iair naj Improvement, ahoutd iaanyway becdtrf the owner of said Rail Road. " the General Asaembfy of Virginia- reserve the right to revoke all the power, privileges and immunities conveyed by such sale, and te declare the same, null and void. Now, all thi so fi a relates to JNorth Carolina, ;prf Ur the k nown purposes of any of her citizens la the mere effusten of a jealous and hostile piriVwithout object ot ineaa- ing, ,Sb bad neither manifested nor entertained any wian to become tue proprietor or tni uau noaa. Ier Board of Internal Improvement, it b true, stood it the situation of, a creditor of the Company for mo nies lent.but were amply secured by a Mortgage, on a part of th Rail Road property, prior in, lieu to any other.' There 1 another provision in this act of more significance. It declares iu a subsequent section, that in case the authorities of th State of North Carolina, shall at any time, by legal process or oth erwiset deprive the Petersburg Rail Road Company of any of the privileges and advantages of It cHatter, obtained from that State, for any act done, or omit ted to be done, by the said Company, or by any means whatsoever, prevent the said Company from conducting their operations, on so iriuch of their Rail Road as lie within the State of North Carolina,' or any port thereof, by reason of any act heretofore done, or omitted to be doue by Mid Company, then all the right Conferred7 by that act, on the purchasers of the Portsmouth and Roanoke Rail Road shall cease and be determined. Until the State of North Carolina shall reinstate the Petersburg Rail R6ad Company in all the privileges granted them, in the several acts passed for their benefit by the said State, or uutil the Legislature of Virginia shall, otherwise direct." To apprehend the full cleaning of this clause, it most not be. overlooked, that both the Petersburg and Ports mouth Rail Roads lie partly in North Carolina, and their respective Companies exercise and enjoy all their rights and privilege on thia side of the line, un der charters from her Legislature that the last nam ed Company were sued by a creditor, in an action at Law, and after judgment, an Execution was levied on that section of its Road, running through the coun ty of Northampton, a sale and purchase took place by virtue thereof, and the Supreme Court affirmed the same, to the extent of conferring on the purcha ser the legal title in the land and fixtures of the road, but net the franchise of transporting thereon. In thi condition, the acquisition wa of so little value or u tility, that the advantages of the Road would, in all probability have been continued to- the public by the re-union of the estate and franchise, but for the ac tion of the Petersburg Company. That Company entered into a covenant with the purchaser of the es tate, te pay in instalments $60,000, for preventing transportation, over the section, of which the title was in him, with a stipulation that the later pay ments should cease, whenever that part of the Road should again be brought iuto use. In other words, the Petersburg Company, iu effect, bought from him the disuse of the Portsmouth Road, and paid hiin a consideration for withholding from the public the con veniences for which the Legislature had authorized its construction. The right of the individual party to this agreement, thu to dispose of hi interest, under decision of the Court, is not denied ; and had the oth er contracting party been a natural person, it would never nave been questioned, however great might be the incourenieuce of the loss of the Road. But, in my view, a corporation, the mere creature of the Law, must look to it charter,' for privilege not for restriction: what i uot authorized to it, i darned : and by consequence, the Petersburg Rait Road Com pany, permitted by its charter only, to construct a Road from that Town to its Southern terminus, and to transport on the same, had to right either to parti cipate in the profit of transportation on the Ports mouth if oad, or te suppress transportation there on. Regarding this contract as designed for the destruction of the Portsmouth Road, to- the end that the other might have a monopoly of the bu siness done by both, and as such a public injury and transgression of its own corporate right by the Pe tersburg Company, and perceiving that that Compa ny had made no reports to the Legislator of this State,of its operations within our limits was expreas- ly.requirea 10 do periodically aoae, oy uie Act oi lis creation, 1 directed the Attorney General to file an Information against them in the Supreme Court, and require them to show cause why their charter should not be declared forfeited. At the last Term of that Court, judgment was rendered in thi case for jthf defendant. The opinion announcing this decision is accessible to; yen, and to it, yon are referred, to de termine whether any new process shall be instituted in the premises, or whether any new Legislation be needed.to prevent mischief in like cases for the future. tl was while this Information was pending, that the General Assembly of Virginia, made their M en actment,' ia which it -is plainly intimated that if a contrary decision from that arrived at by the Court should be made, and this corporation should be de prived bf any of it privilege's, now enjoyed under our law, by reason of . any neglect of duty, or by any transgression whatever, St should be retaliated with the loss of the PbrUmduth Road Also. Thi State had made herself rib party in the rivalries of these Companies, but authorized the construction of both Roads, to procure -the advantage 6f .tw6 highway for market and travel, expecting td fter beople, of course, me trail oi a lair emulation, between .them. Bat in the dispensation of her justice, whether among corporation or individual, and in the exaction of the homage due to her law, in her own Territory, no in fluence from abroad can be permitted to interfere. Not to remark on the departure frem comity, implied in gratuitously assuming, that North Carolina desired to possess one of their Roads, and proclaiming by public advertisement, that she should be excluded from the biddings, though part of it was in her limits and existed by her leave, while the same Statute ap points agents to attend and bid for Virginia ; and on the denunciation, that if, for violations of our law, ascertained and adjudged by our highest Judicial Tribune, in a proceeding then before it, the Compa ny owning the other Road should be deprived of any of the privileges and advantages granted to it by this State, then the use ef both should be lost : This Act of the General Assembly of Virginia indicates a pre sumption on her part, of dependence by us, upon her, for market and the means of reaching them, which requires an examination of the relations between us. In that point of view, it calls for a minute revision of the charters heretofore so liberally granted for the promotion of trade to her own town from this State, an investigation of the fulfilment of them by those to whom they have been granted, and, if necessary, the provision of new guard for the security of the ad vantage to us, which they were designed to procure. It also suggest the necessity of Improvement of our own, which shall break any such dependence, (where it may exist,) as far as possible, and place the State in a posture, at all times, to vindicate the public justice, (as must need be done at any sacrifice,) without any 1. l ; . ... (iirrucuuou vi iuh or inconvenience irom privilege granted, being withdrawn by a neighboring Slate. A Rail Road from Raleigh to Fayettcville would be an important work in uch a system of Improve ment. It would at once render available the exist ing 87 miles of road in concentrating the trade of the country between Raleigh and the Roanoke, on the navigable waters of Cape Fear river, if an equal ly good market should be found there, and render us independent of that less liberal. spirit and policy on the port of Virginia, which pervades' the Statute on which I have been commenting. It is therefore re commended that this Road be encouraged) by the grant of a liberal charter, and by any other aid that the Legislature may deem expedient. There has been much discussion recently in re gard to an extension of both of the existing Rail Roods of this State, to a junction with those of South Carolina. I would greatly prefer a Road from Fay ette ville to Salisbury or Charlotte, and thence pene trating South Carolina towards Camden, to either of the connexions proposed. But since the State is not in possession of means for the construction of such a work, and the individuals , who may be disposed to patronize it prefer the more direct Hues, so as rather to compete for travel, than to afford facilities for commerce and agriculture, I perceive no objection to granting charters- to the patrons of the projected works, both from Wilmington and Fayetteville to South Carolihaj leaving t& individual fentcrprlte to determine the success of either oi of both. IT either would extend far enough through our territory to afford any greatly increased facility to our cttisens in going to market; or add much to the business of tic. It direct a sale oreii Che property and rraacpova ofth Company -ia both States, ty the Board of public works ef Vlririnla: not provide that if at the of at our tr4ir toims, . irhila .either woaM contribute, largely to swell t he stream of travcT'on the present Road,1rith which it may be jomedTt?; ' Front' the action df Congress th'last session, there seems to be no nrobubilirv at iwesent, 'ct tha reopening 6t the Inlet between Albemarle Sound .1 ana tne Atlantic, unaer ineir auspice. .aui gretted to learn from the debates in that body, that the project had suffered prejudice from the last re port in, regard to it, by some member of the Engineer Corps ofHhe United States, 'This' report has not been seen by me, but will claim your examination, with a yiew to further action on the subject. : In conformity to the Resolution of. the last Session the Mortgages held by the State, on the Clubfoot and Harlow's Creek Canal, connecting Neuse River with Beaufort Harbor, were foreclosed ; and a sale being decreed, the Public Treasurer, at my request, , attended and bid in the Canal for the State. It will now devolve on you to give directions for the future disposal of it. Boats of light draught yet pass through it, and although the locks are kiecay ed, I presume, for a reasonable expenditure, It may be made passa ble for sea-going vessels, sufficient in eUe for the coasting trade. Uniting as it does the best Harbor on the American coas between the Capes of Vir- F'nia and those of Florida, with our interior waters, deem it preferable that it shall be kept and im proved by the State; :- But ' if no appropriation be mode for its improvement let it be disposed of to a Company, or individual, with some stipulation on the part of the purchaser, to keep it in' order for Navigation, and to allow its use to the public for fair compensation. A Canal from Lumber River to Cape Fear River, has long been in contemplation by the people in that quarter, and its obvious advantages, from an inspec tion of the map, ought to ensure or it at least a liberal Act of Incorporation. . ' : More than thirty years ago, Companies were in corporated for the improvement of the Navigation of all the larger Rivers of the State, and an Engineer was employed, for a considerable time, in making Surveys, preparatory to a general system of Internal Improvement Owing to causes not necessary to be now reviewed, scarcely any of the works then con templated were completed, and all these chartered Companies, except iu the instances of. Roanoke and Cape Fear, have lost their privileges by non-user.-Of late! a disposition has been manifested by the peo ple of those sections, to re-attempt the Navigation Of xm euse ana x aucu uivers. i entertain no uuuui, that by merely removing the timbers which are im bedded in the channel of Neuse River, and the branches of trees which overhang it, that it may be rendered navizable for Steamboats of the lighter kind, as high as Waynesborough, for two-thirda of the year, and that by the addition or locks ana aoms. this Navigation may be extended to a point within a , - t- i - . . .1' TkT i l! 1 aozen macs or itaicign. a gooa lxavigauyu ua been effected, by this means, in the Kentucky River, and other streams discharging a less volume of wa ter, and more subiecf to the annual influence of drought, than the Neuse. "Were this accomplished iu connexion with the passage of coasting vessels from Beaufort to Newborn, by "enlarging the Canal before referred to it could not fail to add much to the accommodation of the people, and to the wealth and commercial importance 'of the State. It. is well ascertained, that there is no great impediment to the Navigation of the Yadkin River within our limits, above the narrows. The opening of, that River, therefore, from Wilkesborough to its intersection witn ine proposed x urnpiKe irom xtaieign ana r y etteville, westward, and the completion of 6aidRoad, are works of great public importance, in which, if the State will not embark on her own account solely, she should not hesitate to second the patriotic efforts of the citizen.- The survey of the routes for this I urn pike Road,' according to .the direction, of the last General Assembly, has been completed,aud the report of the' Engineer may, be expected at an early day. The bod condition of our Public Roads, has long been the subject of general, and I apprehend, just re proach to the State. In the schemes of Improvement which have been pnt forth -heretofore, top little space has been allotted to these daily haunts of trade and travel.; A distinguished authority,, in, speaking of our roads, recommends that they.be classed in three description vizi 1st, the principal and leading roods to be denominated State roads, in the construction of which, the State will bear one moiety ef the (ex pense, and the Counties through which they pass the other moiety ; 2d, County roads to be made and kept op by the Counties, and 3d, private: roads by the. individuals benefitted by theiai . .Without adopt ing this plan -hi all its details, I am thoroughly , per suaded that no moderate amount of the public treas ure could be more beneficially expended, than in em ploying an Engineer for one, or at most, two years, whose duty it should be to examine, routes for: the chief market and mail rood? of the State, under the direction of the Board -ef internal Improvement, and lay them off on the most favorable . ground, with written estimates and directions for their construc tion and improvement. . The County Courts might be authorized to make levies, in aid of the Statute labor within their limits, and at the most difficult points, assistance might be afforded from the fund for Internal Improvement. Whatever other, im provements we may in time procure, good roads for ordinary, transportation, and travel can never.cease to be ttsefol to the great mass of the community. Whether or not you shall esteem it wise to adopt any of these recommendations I trust no considera tion will induce a longer delay in directing ariAgri culturaljGeological and Mlneralogical Survey of the State. --Three-fourths of our sister States have now in progress. vojr have finished , like examinations of their, terf itttry AiKtjn .every instance, it is believed that they have hot only added-to .the treasures of Science, but have been attended with important and useful discoveries. Joid, Silver, Iron, Copper, Coal, Plumbago. Marble and other Limestones, the finest varieties of S tone for building; of Marl and other ma terials for manuring, are already known to exist in various sections of the State; and a further eriplora tion cannot fail to brings other, resources to light, and greatly favor the pursuits of Mining and Manufac turing pursuits of infinite' advantage to a people having so few ' facilities of transportation as our selves.. While a minute examination of our soils, by persons uniting science and practical skill in Ag riculture,' will be productive of improvement in that useful branch of industry, and must dignify and ele vate it in the general esteem . - r; - Agreeably to the Act of the last -Sessibnj entitled " An act more effectually to secure the debts due for Cherokee lands, and to facilitate the collection of the same," a Board of Commissioners was constituted to make enquiry as to the solvency of the obligors, who were principals. in the bonds held by the State for purchases ef Cherokee lands. The said Board re ported to me. as the result of along and laborious in vestigation, separate lists of those found solvent and insolvent accordingly. And those principal debtors, who were reported insolvent, having surrendered, the lands, for the purchase of which said bonds were executed, into the possession of the agent of the State, and having severally executed and1 delivered to me deeds of surrender and release, disclaiming all right under such purchases, and to the re-im-bursement of any monies paid on account thereof, by virtue of the power vested id me by said act, I made an order on the Public Treasurer, directing the 1 bonds m ail sucn cases, to be delivered up to the a gentofthe State, residing in Macon County,-for cancellation. This order dated the 3d of April last, embraces a list of bonds amounting in the aggregate to the sum of $152,312 3S. In consideration of which, the State became re-invested with title and possession of the lands surrendered as before' sta ted.' As a full year was to elapse between the time when the State's agent was put in possession of these land and the rise of the Legislature, it was consid ered best for the public interest, as - well as for the persons surrendering that they should -be restored to possession of the lands as tenants of the State. The agent of Cherokee Lands was. therefore in structed te class the several tracts ana their improve ments for twelve months,' taking care to give a pref erence te the late owners, and requiring only mode rate amounts for the rent, but with stipulation for returning the premises in' as good repair as they were in that time. ' This was atttended te by the a gent and the bonds for rent are in his hands. ; v - It -rill be ait important part of your present dn tiei to direct a- further disposition of these lands, Which ha.Vfl inu'll lwmni ITia nmmrtr nf thtk fttta. They were sold in 1836 and 1838, on credit (as to the greatest part of the purchase money) and at high 1 prices. The purchaser? being unable to pay off their J T T Wduj i0ty became aae, petitioned the Loi mwwiag a remission or tne Bargain, by ft mtTpni" of the bMid and Mmquishment f all ckim to Jr chase money theretofore paid on tie one side canccllati&ii of the hnnAm nn v.. i . U m a ' - va wmv VUIU i in all cases: could not discharge the debt himself without km? " aumnA-w oBocnainea. max tne r.v - on his sureties as provided in said net. an After thia experience on our part, as wp11 of the Federaltjovernment, in relation to its kin many years aso. it does not seem to to ti. . that to order another sale on credit fncUtt-- Vi to order another sale on credit.1. Considerihz on ii r - " mc i m i w. otner nana, tnat ine purchasers at the ibrmer rJ were required to pay down in cash oneeiriitl, J. the prices then bidhMhat they have since niadetja ment into the Treamrv at nnl.laMKl& rT their bonds-Uiatthey are settled oh these h? and have assciateditltithent 4he. ' todeameiv- home, it seems iardly just to expose them at aaau tion sale, for cas . I therefore advise thah as t0 the surrendered Iand,'some mode be adopted; of off hT ing a fair valuation on each tract, by persons of com" petence and probity, : and that the surrenderers 1 permitted to take them, on paying such valuation u cash by a given day thereafter; otherwise, tlmr land shall be sold at public sale, - lh( , --It may not be remembered by you, that only sucii of these lands, as were estimated at and above i twen tytcents per acre in ,1836 were surveyed and brouHt into market 'The residue was directed w to remain subject to the disposition of a future Legislature and shall not be liable tobeentered in the Entry Taker's office, Ate." Ten years have passed awav, since tLe passage of that Act, .and no further disposition h-' been directed of these lands, except that, thebouutr in land for building Iron Works, has been extended to that country, and two tracts of three thousand acres each have been granted under that Law reason is perceived for longer delay : in the sale of these unsuryeyed lands, and it is therefore sns ed, that they be either sold at! auction for cask Ur subjected to entry and grant at some fixed rate per. acre. The County of Cherokee now pays a land tax of but a few dollars, there being but a small quanti tylof patented land, exclusive! of the Iron W0rt grants withm it ' The increase, therefore, of the re venue, the necessity of having free holders for Jr rors, and other services under the Government the policy of fixing the popnlaticn. and inducbg them to improve the country, all unite in favor of placing those remaining lands in the possession of citizen? who shall be proprietors in fee, at a fair rateotrmrl chase. . ... . . Such information, in respect to the Penitentiary system, as it was in my power to procure,- was puUl lished in the Newspapers of the State, previous to the late election, in accordance with the Act oh thatV subject, of the last Legislature. As the decision (if the popular vote is understood to have been againt the establishment of such an Institution here, it is deemed unnecessary to lay before you, the plans of buildings for such prisohsthat have been obtained from other States. i J i ; , The present requirement of Law . that the Au tumn Terms of the Superior Courts in the lover section of the State, hall be held at a season, when sickness generally prevail in that region) is agriet. ance which has been longacknowledged; but hitherto no remedy has been provided, e It Is hoped, that your present session, may number among -ether acts of public beneficence, a change so obviously just and needful. ; Not only are the lives, health, and com fort of the Judges, deeply concerned in the measure, but the suitors, witnesses, and jurors, being also sub ject to the diseases of the climate ana season, the ad ministration of justice is impeded and Relayed, lor want of this salutary alteration. . . , "1 - '., - In . conjunction with this, it is commended to jrour enquiry .whether all jurisdiction of Pleas in the County Courts may not be with, advantage abolish, ed, and those. Conrte be. permitted ito remain only for purposes of Probate and County'" Polite, with a session of but a single day in each month: ; By sub stituting for the present system of Cetntf and .Su perior Courts, withsix termsln tnecarj three terms onry of the Superior Court neld by JodVe'3 r learned in thek lawt an arrangement would be introduced far less 'expensive to the public, and jlhV parties in legal controversies; Vhilegreater desjteLr and correct ness would be atfabaea in. the adminisiration of the law J;Sich a Chang? wquld require some addition to the present number ef Judges; to whom salaries must needs be paid, but this jfould ie incpnsiderabie, com pared to the payments now made to J urors and Jh tices .attending, four. Courts a, year In the vaiious Countieto sdyothingbf the tme spared to all con cerhedjand the ess accumulation Cf costs on the losing partiea from greater expedition in the termlnatioh of causes. ; If aU Lav suits could be ended in one-, or at most, two years from their commencment,ifagtead of being, as they often are, transmitted from father to son, loaded with costs far exceeding the value bf the original subject of contest, it would be a reform of the greatest . importance; The small number of causes on most of the dockets, -niaks the present a favorable period for the introduction bf this system, which has been adopted and highly -approved after trial, In other States of the Union. By a resolution of the General Assembly in 1S40, all persons holding the office tf Justice of tile Peace at the close of that Session, who. had not been be fore supplied, were directed td be' furnished with a copy of the 1st volume bf the Revised Stathtes. I regrettede learnj that Iry the occnrrenwbf an ex tensive fire in the town of Fayetteville, in June 184 eighty-one copies of that wcr which had been sent there for sale as the property, of the Statt were con sumed. And no others remaining at the disposal of the Executive. I have been unable to furnish copies to sundry applicants .under the Resolution.. ; As the only edition of his book that has ever been pub lished, is now exhausted, and the County officers in several new, Counties have not been supplied, be sides the demand, fbr. Justices oftlie Peace, a new edition seems tobe iwuireit There .having now been added to this code the enactments of ten more years, and defects t having been"" discovered in the original it is suggested that al Commissioner be ap pointed to arrange tfiq addenda under the appropri ate heads in the body of the work,"or to re-cast the chapters to whkh amendments have been made; ani propose to the n'ext L?3latUrB,'ahy correction of ia accuracies or defeci'to end that - bur; Statute Law may be rendered as "brief 'simple and intelligi ble aa posslbl& i v ir ' The Commissioners nf the" Literary' Fund will submit their report of operatibnr for the last two year It rill be " perceived ' that ' the amount of monies on loan to individuals; under the control of this Board', has been somewhat reduced, in conse quence of collections of principal which have been lent to the: Public Treasurer as directed by the Gen eral Assembly. A School for the education of poor persons, -who may be Deaf and Dumb, has been es tablished by the Board in the City of Raleigh the advantages of which are also open to pupils who may be abte to pay at reasonable charges, j Twenty State beneficiaries and two paying Scholars are now in structed in this institution; : And it will doubtles be an agreeable part of your duty, to examine the progress .made by these " children of misfortune in their course of mental .education, as well as in some of the useful arts. ; A like school for,the BUnd has been in contemplation by the Board, and was at one time resolved upon. But for want of informatioti & to the number, residence Itlrl situation In life of this class or asucted persons the rewness er taose w ing themselves fts pupils an4 the difficulties en countered in employing a teacher, having all the and conduct ty to a successful issue, have occasioned a postponement of that, work of benevolence ior presentJV::. , Fot the support of Common Schools, there a been distributed from tus fund for the year, ending September 1st 1S45, the sum of $97,852 44, and lou the like day in 1846, the sum of 9S.(Wr 65. Official information has been received of the adoption of Jje Common 8chooI wystem by the popnlar vote at p late electron in the Counties ef Edgecomh rajj Rowam ;. Its adtahtages are therefore now w extended ta every County in the State. J be gratifying to mf to be able'to announce to JJ that these advantages were now commensurate w the munificence of, the Legislature,, in Tr0a U19 1 IUIU, EUiU l lie MUCVUU1V1U Vfi .-v. , If vancing eaucation among ine rising k"" r is apprehended however, that mnch less P?'. fected at present, front the actnal operation of" School system, than ought to result from the amouB of fund raised and distributed for its support. yetffrom the nature of the defect, it is diffic"