North Carolina Newspapers

'vr - THE CONSTITUTION.... UNI Oir: voi,. XVII. NEW BERN, FRIDAY, NOVEMBER 29, 1833. 30. 868 j L.IUEKT r I Plini.ISIIED BY THOMAS WATSON. TERMS, ThreeMollars per annum, payable in advance. legislature of North Carolina. emitted by our own citizens within our own limits, jcd. Competent judges entertain the opinion that the and subject to our laws : or by the citizens of other : bulk'of our statute book miirht he Icsn t states, entirely exempt from our influence aiia con- third, by a repeal of statutes which are in effect obsolete il AUnnl..: i : li it mi n : ? . i .t:..i .f '.i:.t. i ' . . ' t.-il AUn!., :,i:-. uv. .it ...mi , .i .i u: r ...u:u . .. . . "M"- M uvU1. l,uauarm,TiiM.)ir,Hiwiii preier a . w..R nas jeen attained bv prove our physical and intellectual resource ; -to pro- uulrou i luieiiju msiuuuoil. inc important ! uu&eiuriu cuacimems. xnc: uoie oi me I glSlaUon r mote the nroenprite am liOVElt -p-i'S 'MESSAGE. f? the General Assembly of ihe State of North Carolina: Gentlemen : The most striking chnmcteristic, of i c jhlic iti system ot government, is-- the -period i- c 'wiir renin . nl assembhi ire of the representatives of the neonle. , -lotlieii within the power, &enrTd yvith the interests ,)'tlieif -constituents. Experience hnsshown thai the best security lor the preservation of our rights fa to he bund in :i deliberative body, selected by the people "ro:n iunong themselves, and returning "at short in terval to: the bom of the community' to paticipate in '.he blessings' derived from wise, or the evils .flow- In addition to the information which will be affor ded by the report alluded to, with resect to the condi tion of the public works, the opinions of the Board will, in obedience to the Act of Assembly creating the corporation, be presented upon the most important subjects connected with the Internal Improvement of the State. rhether the condition of our country is susceptible of the improvements recommended? whether 1 fund shall be created nionortioned to-the ! officers, with a canital sufficient! v Lirnrfi to snnnlv n MSC- Many subsequent acts, and some of them con- magnitude and importance of the enterprize to be Circulating medium commensusate with the wants of neced w ith the criminal law should share a similar fate. i . . ' . . .. . . . . i i i i" : a . .1 the community i or sha several hanks be chartered. u,6acaPliai ieiony, ior instance, io counien?u toe in which the State rrmv snhsrrih snch norlion oftho I notes of the Dank of North America, virl- nC cho pIiao, ....4 a;..,: circulation within this State. v... tv t mv, v niv "uvci mucin aui I'ltivuuu ed by their detection of the fallacy. I have no other am- bition than to unite with you in the adoption cf such measures as shalr be best calculated lodevelope and ini- question to be determined is, what shall be the charac- 1 rom 1715 to 1777 with the exce ption of the Statutes of ter of the corporation? Shall a bank be created ! Limitation, the Registry Acts, and a tw others, mijrht toun ted upon pubhc tun Is, and governed by public ! WIln propriety De expunged Horn our ode, as surplu accomplished ? whether the public treasure shall be exclusively employed, or adequate aid extended to in corporated companies? are enquiries which have re ceived the anxious considerat ion of the Board, and will he submitted for your determination. My own opinion is, that the great channels of inter-comrauni-cation, in which the whole community is interested, and which, for that reason, will not probably attract, and are least likely to be effected by individual enter prize demand the exclusive attention and patron- ag ol tne government. Y it h respect to improve being confined to the individual stockholders? I shall submit my views upon this subject with great deference to the opinions of those more conversant with ) it. 1 have had no experience in the manauempnt of money ed corporations, and except upon an occasion, when some investigation of the constitutionality and expediency of a Bank of the State, became a public duty such enquiries have rarelv attracted mv attention. At that -;rm from indiscrete legislation. It is apparent that ; nients of a local character, I think the safest, and per- j tlrne' f entertained doubts with regard to both, and ;ioMrm olgoveriimnit caii be devised, whh'h will r.flord a guaranty thattth common welfare will he promoted, and the public liberty preserved in the hami.-o,' incompetent or faithless agents, and that in proportion to the importance of the. trust assumed, should be the zeal, fidelity and diligence, .with' which we cuter upon the discharge of out duties I trui la it t uteris in a proper ensr. of the high rpon-riility which rests upon the'Executive Depart ment, and cherish the disjwsitioii lo co-np rate with von in a hearty endeavom; to 'accomplish every object which may He necessary to secure the ends tor which oor Ciovernm-'nt was established, Itv to le roctd !ecte iT however, that the. Constitution for wise purpo rts, has confided to you the whole x)wer of legisla tion. The Executive can neither control nor check your. proceedings, and even the privilege of advising .von upon the subject of your deliberations, s-t nis t haps the wisest course for the Legislature to pursue will (e, to incorporate companies in every section ol the State where they may be necessary ; and to sub scribe for a uniform portion ol stock in each on ihe condition that no part of the public subscription shall be demanded until the urivate Stockholders shall have paid, or secured the payment oftheir subscrip tions. Individuals will rarely he found anxious to engage in a chimerical scheme ; and no more satisfac tory evidence ol the practicability and usefulness of any work, need be required than the fact, th t those who recommend it to public patronage, are willing to test the correctness of their opinions by trusting their own capital to the same hazard. We know too, that individuals ordinarily expend their own resources with more prudence and ton-cast, than those who have the management of an exclusively public fund. II it shall be considered my subsequent reflections have remove them. lamiMi sucn an institution, because it seems to me mat i its issues, though termed bank notes, are substantially bills of credit. I forbear entering into the discussion of this proposition, and will state very briefly fome few of the objections which suggest themselves to the expe diency of the measure. Of the power of the General Government to establish a Bank of this character, per haps no scruples need be entertained. The ability of which hav no Various laws encumber the pages of the Revisal, providing for the punishment of counterfeiting our revolutionary bills of credit, the ne cessity of which ceased years since with the existence of the bills themselves. An antiquary would at present be much more disposed to trace out their similitude than a counterfeiter. Is it not strange, that our Revisal should exhibit to the citizen, various enactments to punish offences which . cannot be committed, and conceal from his view innu- ; merable penalties attached to actions, which he does not Statt prosperity and advance the character of the 1 have the honour to be, Gentlemen, with high con siderations, your obedient servant, DAVID L. SWAIN. Executive Department, North Carolina, ) November 18th, 1833. S i I , i a. ; r v,,vu vhuiij, n iiitu ii i uuto nui had no tendency to i;now ,n hfi wrnn ? Tf ,tK-tt, ' , , II . ... uti - - u uimuiu IU UUI 1 SUM 111 IU uounr me constitutional ngnt io es- ( determine whether a lecral svsa and uncertain, is suited to the gonius of our institutions, and the character of our citizens. The Pubhck Treasurerin his last annual Report, call ed the attention of the Legislature to the fact, that for several years past the disbursements at the Treasury, had exceeded the revenue, and suggested that a revision of the laws regulating the assessment of lands, would probably have the effect of supplying the deficiency. thn tax paid upon real es- al provision. I approach the discussion, nevertheless, of the important subjects which demand your atten tion with a frankness, inspired by the conviction, that the .higb privilege with which you are invesled, will but n-n !er you the. more anxious toe its proper - exer ciser aiid-the more disposed to listen vyith attention to suggestions emanating lVom a co-ordinate branch of die Government. A recurrence to our past legislation will shew us, that although our predecessors In vo transmitted to ns unimpaired the great charter of our rights, and were anxiously disposed to advance the improvement of the State,1 by providing facilities for trade, increas ing our agricultural productions, diffusing the ad vantages of education and adapting our laws to the improve ! condition of society, little has been done for the furtherance of either of these wise purposes, in eomparison with wliat. it is in our power to effect, and with that which the expected hopes and expecta tioiw of the community demand. It is certainly not claiming too much lor INorth the nation to maintain such an institution, is vastly gy tile aw as jt now stan(js giciuci man uuis yti me ciuci imen i nas never oecu j tried, and at the present period receives encouragement Irom no class ot politicians. It successfully managed as it might be for a time, I think there is too much danger, that it would ultimately connect itself with the politics of the country, and have a tendency to corrupt the peo ple and their representatives. Finally, if contrary to all experience, individuals should be found, w ho having no interest of their own to sharpen vigilance, should yet e considered anvisanie, -mat the puoiic shall hp .I. rived rather from custom, nanptiniipd hv itc i ultimatclv own any particular work of this character. --------f - . i " . 1 r- i . - .mrtn'MT ihn iVum unu ov.mn,, .n.iit:.,, it. mfiv ip inHf p ;i cam ltmn in thprh;rtPr ihnt thn urmp; m tne management ot sucii a corporation the re 4 Kit 'AUI - lJllllH-illUil- ... v-,,14.t.j ...wv iu . , i-ii . otate. may at any time resume tne lranchise, upon the payment of a stipulated sum to the stockholders. " The Report oi" the President and Directors of the Literary Fund which will be submitted to your con sideration at an early day, will shew th" result, so far as ii has been tried, ol'tlie only attempt we have yet made to establisii "schools lor the convenient in struction of youth, with such saiirivs to the masters, paid by the public, as may enable them to instruct at low prices." The agregate nrnoui.t ot the fund is at present too small, to justify our entering upon any general system of education. Indeed, were(this fund much larger, it may well be doubted whet Iter the pe riod has yet arrived, when i can tie judiciously ex pended for,the promotion of the wise and benevolent purposes contemplated by the founders of our govern ment. The sparseness of our population presents great, perhaps, insuperable difficulties. When, as the result of a wise and liberal system of legislation, the inlets upon our coast shall receive the improve ment of which they are susceptible; when our great Carolina, when we assert that no State in the Union, Natural highways, the rivers connected with them, snai: assume mat, condition, m wmcn rrovidenre de signs they shall be placed by our hands ; when these channels ol communication shall be intersected by '-'has Iron the .earliest neriod of her history, exhibited a more ardent devotion to liberty, or ready obedience to thfi-.la.ws. I regret that the conviction is forced upon me, that her early low offreedom, and immense fiacriiices for its attainment and preservation, have not met -with the comparative consideraton and re ward to which they were so justly entitled. This re sult hap been owing in some degree to natural cau ses, but quite as much to the greater pertinacity, with . which' the claims of other members of the confedera cy, have been pressed upon the attention of the Gen eral Government. I shall not, at present, pursue this discussion, though I may take occasion to call your attention to the subject in the progress of the session The settlement, of our revolutionary claims, ol'our claims for expenditures during the late war with ureat ontain. tne policy pursued by ,our filter btates with respect to the Cherokee Indians, th Rail Roads and Canals ; and as the natural conse- dency of which has been to drive them from ft Main preventive of crime. A borders, and fasten them upon our soil, will requif bette fUited to the co more minute examination than is consistent with tfe;twommunit'(rf:!' anu trust character ot this paper. I3ut it we have received com paratively few advantages of the nature to'whHil have alluded, I fear it is no less true, that the State Government has been too inattentive to all that con cerns the characterand interetofthe commonwealth. The apathy which, has perva'ded the legislation of hall a century, h most strikingly exhibited by the fact, tht the mere expenses of the General Assembly have ordinarily exceeded the aggregate expen litures of all the other departments of the Government, uni ted to the appropriations which have been made, for ihe purposes bPInternal Improvement. That go vernment cannot be wisely administered, where those who direct the expenditure of t he public treasure, re ceive more for this service than the amount of their disbursements. Let me not be regarded as insisting That the Legislature is sustained at an expense dispro portionedto its importance, but as suggesting a doubt whether its legitimate functions have been performed. I advert to the circumstance principally to enable me to urge upuii you more forcibly, .the propriety of entering ujion a system of legislation required by the wants of your constituents, commensurate with their -.resources, and worthy the confidence which they re pose in your ability to administer their public affairs. The excitement which seems to pervade every section ol the State, upon the subject of Internal Im provements, has no doubt attracted your attenTioran quence of this state of things, agriculture shall re ceive her appropriate reward, we will have laid the foundation of a school system, as extensive as our limits, and as enduring as our prosperity. A few in dividuals will not have been selected and cherished as, the peculiar objects of public patronage; but the general character of the country will be elevated. and thousands now too poor to atibrd the blessings of education to their childien, will find this, 1 hough the mo t important, but one of many advantages incident 4,o an improved condition of life. Extended commer cial facilities willstimulate to agricultural exertion ; increased production afford the means of education ; tnid the .diffusion of knowledge operates ns the most. more liheral scheme condition ol older and the day is not very But if we have received com- distant when it will be so to ours. b rom the phraseology of the aci establishing the Literary Fund, doubts are etertained whether the intention of the Legislature was to transfer to that corporation, the proceeds of the vacant and unappro priated Swamp lands, or the lands themselves. Act ing upon the latter impression, the Directors Jiave prepared a plan, by which it is proposed to drain and bring into market, a part icular tract of country, and thus test by experiment, the propriety of entering up on a general system of improvement. This plan will accompany the Report before alluded to, and the importance of the subject, will ensure for it a favora ble consideration. This region of marshes is represented by the engi neers who have explored it, as spreading over a sur face of two millions and a half of acres, three fifths of which is the exclusive property of the1 State. Some of the most intelligent, enterprising and well govern ed members of the Confederacy, have their little re publics confined by narrower limits. It constitutes a twentieth of our own soil in extent, and perhaps an eighth in fertility. Ii is not only without productive value in its present condition, but is probably more than all other causes, the source of disease, rendering quisite attention, skill and integrity, it. may then be pru dent to enquire whether a geperal state of indebtedness on the part of the governed to the government can be free from the dangers here that have attended it else where? If it be a blessing incident to a public debt, that the creditor has a direct pecuniary interest in the maintenance of the Government, does not the converse of the proposition follow, that when the Government is the creditor, the debtor has a direct pecuniar interest indu cing the destruction of the Government? Why are the public lands sold for cash rather thafl on a credit? The experience acquired at out Public Treasury upon this subject is entitled to consideration. The head of that department, has not always found it an easy matter, to reduce into possession the few debts which have at various times !een due to the State from her citizens. Success has more rarely attended his cftorts in such cases, and when successful, it has been after longer intervals than ordinarily characterizw the transactions of individuals. Would it be otherwise if the debts real ly due to the State were nominally due to a Bank ? The error, I apprehended, which prevails on this sub- ) ject, is that we are disposed to extablish a Bank, rather as an expedient to relieve us from taxation, than with a view to the great object to be attained by such an insti tution, a sound circulating medium. In the mangement of public as of private affairs, we are sometimes tempt ed to neglect that system of policy which finds its ap nroDiiate reward in patient industry, and hone to se- cure prosperity, by some scheme of speculation wdiich 1 is the most alluring when the least understood. VV e forget that the Public Treasury must at last be replen ished from the pockets of the community ; and that the indirect, is frequently the most unequal and oppressive species of contribution. Bank Stock is certainly a le gitimate subject of revenue ; but the stockholder should pay for the privileges conferred upon him, just so much as be receives over a fair rate per cent, on his in vestment, in the ordinary course of dealing and no more. A greater taxation has a tendency, either to im pede the operation of the Bank, or give rise to the op posite evil, excessive issues, In the former case, a scarcity of circulating medium is produced ; in the lat ter, the community for the use of a depreciation curren cy pay an indirect tax greatly larger in amount that the actual revenue flowing into the Treasury. It is impos sible to ascertain with precision the amount of losses sustained, since the establishment of the existing Banks, by the depreciation of their notes. I think, however, that an attentive examination w ill satisfy every one, that it must exceed the entire revenue, which has been de rived from all these institutions. I venture therefore to recommend the establishment of Banks at such places as the business of the country1 may require, the aggregate amount of capital not to ex- . ceed three millions of dollars, ami the direction to be confided to the individual stockholders. The dividends never to exceed such rate per cent, as may be regarded a fair exquivalent for the use and hazard of the invest ment. The average amount ot public monies on de posit, to be considered as capital stock, and the Public Treasurer to be entitled to dividends accordingly. Among the various subjects which will come before you, the revision of the whole body of our public statute laws may be mentioned asdecply interesting to the com munity. The earliest statute in force in thisJtate, was enacted in the year 1235, in the reign of Henry the third. Our revised Code as it is termed, commences with the provincial laws passed by the General Assembly which sat at Little River in 1715, omitting the entire legisla- ! tion of the mother country with regard to thisState, dur- Iife uncomfortable and insecure; and thus blighting i"g a period of four hundred and ninety years, and em- nracing more man a nunureu enure suiuicb ui ms ui tate, depends quite as much upon the integrity of the ci tizen as the value of his property, the greatest burthen is of course imposed upon the most meritorious portion of tne community, and the btate is deprived of one third of the revenue which should accrue from this source. It seems to me that the w hole series of legislation upon the subject of revenue, requires revision and amend ment. There is perhaps no tax which canvbe devised less equal in its operation, than a poll tax, and none more so than an income tax. By our system more than a third of our entire revenue is derived from the former, while no supplies are drawn from the latter source. Real estate contributes to the support of the Govern ment, an amount nearly equal to the poll tax, while a comparatively small sum is levied upon every other spe dies of property and none upon monied capital. 5. ,ii we examine another branch ot the system, the ine quality is still more glaring. Three fourths of the taxes paid by the people of this State, are imposed by the County Courts, and so far as my information extends, the burthen is sustained exclusively by the polls and by real estate Why should this radical difference exist between the system of State sind countv taxation? IT J .1. . f .1 ... t oncer tne lormer the capitation levy is the same in amount with that paid by the three hundred dollars value in land, under the latter a different rule exists in prac uce in aimosi every county. 1 he result is that not nng like system or uniformity can be said to prevail in the arrangement ot our fiscal concerns. It is a fundamental principle of the Government "that the people ought not to be taxed with-mt the consent o themselves or their lepresentatives in General Assem bly freely given." A proper regard for this article of the Declaration of Rights may prompt the enquiry, whether the virtual surrender by the Legislature, to the Justices of the County Courts of three fourths of the power to lay taxes, is in exact accordance with the spirit of the provision. I call your attention to this subject, with less hesitation, because we can entertain no hope of sue engaged your reflection. The opinion seem the prosperity of the fairest portion ol the State. I believe that no doubts exist among those acquainted sto be1 wtn tne subject, of the practicability of reclaiming scleral, that the adoption of a more liberal sVstem is 1 1 mf tniiai to the luture prosperity of the State-; and that this cannot be effected by individual efrtion, unai led by contributions from the Public Treasury. Tlie Report of the Board for Interna Improvements, will be transmitt' d to you in a few ays, and will af lord all the inlbnnation which thai body have been able to obtain, with respect to our several road and navigation companies It affords me pleasure to ftate, that these deta-ls will be calculated to correct lHUCll nilsannrehension. :ind rumnvn cnm nrfnndir.PR - . 1 r , ...v. uv. . . . . jj j " -j with respect to the attempts heretofore made to im prove our internal condition. The situation of some Ol the Corporations is mnph mnm nrncnirnna than many intelligent individ nnls had snnncsed. r That mere were. inst;incps nf micmnnnirpmpnt. mid that a portion of the pubhc funds has been expended without Y ouicing anv -substantial good, cannot be con trover I these pestilential wastes, and rendering them abodes 1 . i.i.f .1.. . ri 1 rr ol nlentv and comparative neaiiniuiness. x ne enect of all our previous legislation, has been to lock them up from individual appropriation, without making any effort to improve them. In compliance with the provisions of the act passed at the last session of the General Assembly, to estab lish the Bank of North Carolina, Books of subscription were opened at the several places, and at the periods designated by the third section of the charter. The result is known to you, and is strong evidence, that j individual subscriptions of stock cannot be obtained to any nankmg institution in tnis otate, me direction 01 which cannot be controlled by thestockhol !ers. Thus this subject, which occupied so mivh time at the last Session, returns upon you with renewed and increas ed claims to your attention. The regulation of the currency of the country, is it all times a delicate and v ' ut the actual public loss, will be found to be I diffi lt subject ol legislation, but i3 at present pecu- ""( 1 its than is gei'w dly conj- etured. VV hen it is 1 harly so. 1 lie divulenc: 1 1 1 1 1 ! etureii. vv neii 11 is nany so. 1 ne dividends wmcn nave neen declared ,('!' 1, iii t tt. the commencement of our opera-, during the present year, of the capital stock of the 1! 1818. -in i 1819, we were entirely inexperi- ! State Bank and Bank ol Newbern. amount to nearly 1 1 I ibund t impossible to obtain the aid of a one third of the entire bankino- canital of the State. . .... ... n 1 " 1 he objection which exist to the charter of the Bank rec tions en e i. K lit ill e m iifi.- t,i A f -iii ,,tr- uffii-ic' t h-.it 1 wnrka were .commenced simultaneously, and the improve ment instead ofbiarrinninrr :t tht months was Com- menced at the sources of the rivers, the aggregate sustained is the subject neither of great surprize nor terious discouragement. The information we have acquired, if it does not compensate us for the ex penditure incurred in obtaining it, will not prove with out value. The introduction of the Rail Road System. of North Carolina, have had the effect, it is under stood, to induce a portion of the stockholders to seek investments for their money in other sections of the Union. A great diminution of the circulating me dium, has of course taken place. In addition to this, it is now regarded as at least probable, that the Bank of the United States will not be re-chartered. It will require the exercise of all vour wisdom and nrndpnrp. s the commencement ol a new era in the annals of j to preserve the community from the evils which these cess in any attempt to improve the condition of the country, without a substantial change of the policy hith erto pursued. The burthen of taxation should be equal ized, its range must be enlarged, and the aggregate amount increased, if we expect to sustain the character and credit of the State, in the promotion of any liberal enterprize. I beg leave to recommend to your consideration the accompanying correspondence of James Wyche, Esq., Superintendent of Publick Works, with this Depart ment, relative to the dnties and compensation of that officer. It will be perceived that further legislation is necessary to secure the services of any individual com petent to the correct, discharge of that important trust. In compliance with the Resolution passed at the last session of the General Assembly, I have purchased, and transmitted to the Executive Department of each State and Territory in the Union, a copy of McRae's Map of this State. 1 cannot permit myself to allude to this subject, without venturing to suggest, that if a copy weie to be procured at the publick expense, and for warded to each of the Clerks of our Superior Courts, to be piaced in their respective court-houses, it might have a tendency to diffuse more generally among our citi zens, correct knowledge of the. geography of our State, and discharge in some degree the obligation "which the community is under to the cnterprizing publisher. I transmit in file marked A, the Ordinance and Re port of the Convention of South-Carolina ; Resolutions of the Legislatures of, Maine, Massachusetts, New Jer sey, Delaware, New York, Mississippi, Indiana and Il linois, approving the Proclamation of the President of the United States, and reprobating the proceedings of the people of South-Carohna ; from Connecticut and Maryland, approving the Proclamation, and the Tariff, and disapproving the doctrine of Nullification ; from Alabama, disapproving the Tariff and reprobating Nul lification ; from New Hampshire, approving the Procla mation and commending the exercise of the Veto; and from Virginia, recommending to the people of South Carolina to rescind their Ordinance, and to Congress to modify the Tariff Laws. The file marked B, contains Resolutions of the Legislature of South-Carolina, re commending the call of a Convention to determine ques tions of disputed power between the States and the General Government; and Resolutions from Massa chusetts, Delaware, Ohio, and Mississippi, dissenting from the proposition. In the file C, will be found Reso lutions of the Legislatures of New Hampshire, Dela ware and Illinois, recommending the passage of a law by Congress for the more perfect and uniform organiza tion of the Militia; from Massachusetts and Pennsvlva- I nia, requesting the Governors of the several States to and proDertv of our citizens, are thus snbiectlo the enact- . c , i . v piupuuu. uu. uuluis.u frm tion of such measures as may be necessary to ensure a ments ot a government, widely dissimilar from ours, , ,u;,;nn Ji tt,; . 'a v tvt. which few have read, or had it in their power to read. RMn,llt:na nrnnns;n ' n. A-J. UIIIOUII AWk'UluviOllk' VJJ-VJIIgji tl II AVUU I I s Ul 1 " YW Reports. 1 hese papers will doubtless receive the re- statutes. Of these many relate to the criminal law oi the country, several create capital felonies or punish capitally, offences that were previously subject to a milder penalty; and yet, it is believed that complete co pies of these enactments are not to be found in half a dozen libraries in the state. A part of those in force and many not in force, were published in Newbern, thir ty yeais since, but the work did not equal public expec tation and is now out of print. The lives, the liberty The following is an extract of a lettejr from the Travelling Correspondent of the London M ;rning Herald. The letter was written a few months since at Presburgh, the Hungarian capital. The Hungarian Noble i? one of the best bred gentlemen of Europe. Full of fire and spirit, but much disposed o display and extravagance, their estates are mortgaged to Jews, who eed all their wants while they absorb the substance. 'I hev are excessively national, and are fond of vaunting themselves before their' neighbours, the Austrians, whom they look up- n as a lal and contenueu race, wunoui cnai- acter and ambition. The Hungarian peasant las the look of a savage, with wild uncombed . i i i nair, nanging in prolusion over nis orow aim 1 I 11 1 Z 4 on nis snouiuers, wrappeu in a course wnuc cloth, half coat Half mantle, with immense while trousers reaching to the knees, half kelt, and great jack-boots, he is a desperate looking personage as you would desire not to meet in a lonely road. I forgot his mustachios, which every peasant wears long and lanky. The very beggars wear mustachios, and I started when, at the first place where we changed hor- t l l i 1 ses, some poor cievus came uemanaing aims, their upper lips bristling with as much hair as would serve a troop of the Horse Guards. The condition of the peasantry is much inferior to that of Austria, but every day efforts are made to improve it, and amelioration begins to be felt. The costumes of Hungary are beautiful. and I know no sight more brilliant than that of a Nobleman in full dress, attended by his ser vants in their richly braided and gilded suits. The form is striclly national, and is never varied from, though some gentlemen go to an expense which they cannot well afford. First, there is the tight pantaloon, embroidered in gold; then the small yellow boot, reaching just above the ancle, with a fall line.d with rich fur ; then the frock stiff with gold, and fastened from the waist to the throat with precious stones then for grea Occasions the scarlet pelisse or mantel, and half Spanish hat with a chained loop. Gird a young Hungarian with his sword, set him down in the hall of his ancestors, ami I will stake my existence there is no such gal lant Cavalier in any other part of Europe. On state days, every Peer attends" the Chamber thus habited, but at other times he wears. a close dark green frock, but always his sabre, and I allow you to picture to yourself, in these. degenerate days, what the meeting ol tne up per Chamber at Preshurg must be when you sec it composed of these high minded men, each ready to speak his right, and with his sword, by his side, equally prepared to de fend it. The House of Peers until lately de,- bated in Latin, but it now begins to adopt the custom of the Commons, who speak Hungari an: but the President always speaks iii Latin, and in either House any person has the right so to address himself. How little do we think, in England, that within ten days ride of Lon don, there is a city where all the public busi ness is transacted in a language, which, how ever deeplyT studied, is seldom familiar to the tongues of our learned Muftis. I was told that the peasantry in some places speak Latin, butt did not meet an instance of it; bift every7 gentleman does, and, if he has any diffi culty in explaining himself to a stranger, al ways resorts to it as a language common to' well-educated men. The legisla ion of nearly five centuries is a sealed book to the great body of the community, and in some degree even to the profession whose interest and duty render tjie study of th law the business of life. It is but a short time since, the question wh ther a statute regula ting the trial of an individual for a capital felony was in force in this Stat. , became the subject of solemn ar gument before the Supreme Court, and called forth di rectly opposite opinions from the judges. The truWi is, that not only the source but the veTy existence of our statute Law, is, as remarked by an elegant writer, with regard to the common Law, " as undiscoverable as the sources of the Nile." In such a state of things, the ex- The execu spectful consideration to which they are entitled, by the importance of the principles discussed, and the high sources from which they emanate. My Private Secretary w ill lay my Letter Book before you, together with such resignations of militia officers ami Justices of the Peace as have been received since the adjournment of the last General Assembly. The death of Chief Justice Henderson, the last of the thi ;e illustrious men, w ho constituted the first Supreme Court, held under the present system, has caused a va cancy in the high office, w hich "he filled so many years tive and j wilh such distinguished ability, integrity and usefulness. me eiecuon oi a successor, is among the many nupoi Amongst the pleadings of the French bar. . the following brief speech have been preserved by the curious, which we dedicate to those ora tors and lawyrers especially, who are in the habit of measuring their brains by the yard. The defendant, who was a dauber of signs wa wretchedly poor, hideously ugly, and prover bially stupid; and moreover was accuse! of se duction The following was the pleading ol his lawyer: "Gentlemen My arguments on this case shall be brief. In the seduction of a woman, one of three requisites is indispensible; the se ducer must possess beauty, money or sense. My client is ugly, beggarly, and foolish. Ugly ; look at him. Beggarly; he is a painter of sio-ns. Foolish : interrogate him. Gentlemen. Q " ' CJ . T . 1.- ' " l persist in my conclusions owing Treatment of Fruit Trees. It is more to the digging and manuring the borden in which they are planted, than to any other circumstance," that there are so many failures of fruit trees. I have seen the method of gra velling the borders to walk upon practised on a small scale, and am not aware of a single failure. I have often noticed that in formation of borders to vineries or greenhouses where vines were to be planted, after much expense and labor it has ended in disappointment; the cause of which I consider to be, the planting of the borders with vegetables, if in the kitch- j en garden, and with flowers, if in the flower Physical improvement. The cost of any given work can be ascertained with so much correctness, before js construction i3 attempted, that prudent men will 9e able to compare its propable value, with the pro pped expenditure, and arrive at a satisfactory conclu- combined causes threaten to produce. Whether the original establishment of banking in stitutions in this State was the result of wise legisla tion, is matter rather of curious speculation thaiTuse ful enquiry. The currency of the country, is now, ion, with respect to the propriety of engaging in the j and must continue to be a paper currency ; and the irpriza. . - only alternative presented, is the choice between hills tant duties which demand the attention of the Legisla- garden. Many persons who are very particu- ture at the present session. ' Jar about pruning tneir vines in autumn, to pre- In this annual Message. I have deemed it proper to vent their bleeding, will nevertheless delav direct your attention to the most important subjects ot digging the borders till February or Marcli, legislation. Various matteis of le"&"eZ wl,en a11 thc TOOts whhin the reach of the spade but which are nevertheless worthy of your consideration , pouuder of the law alone is safe Legislative Departments of the Government cease to be co-ordinate with the Judiciary, since the latter has not only the right to construe the whole body of legisla tion, but the privilege of declaring the existence within this State of any portion of the immense mass ot British statutes, enacted anterior to the period at which we be- I intend no disrespect to . .i I.. -J .r-. oricA frnm n die. V 1 1 1 ho rAmmnniPatorl in "ill tlUlC the judiciary me aincimy u . being observed. In manv c-y?p! wh pre pre position on iheir parts to encroach upon the other de- In the remarks which I have deemed it my duty to fe r e l. in many cases M here pre oartments of the Government; but from an omission ! submit to vou r have endeavoured to unite that frank- pared borders have failed to produce fruitf"' 1 .. . ... r . ,i r. f,in.tmrs Tkn . . . ' . f n r f rPC 1 P stlt II t ion S Wl t tl V1I1PS OT flthpr trnrc it ia nfinti In ho fipen III at ot the l.e"slature io perionu ua i.v.-. j. 11C nf.Sq winch is ol the essence ui .-- . - - - - - - ... , mw 0 unu i - o . - task of revising and ex would be of little momen tance. The laws and t " much more voluminous man Sutu a wuuiu oe n t dehty the oDiigaB -r -j , , t. - .. 1 fhis properly executed. ! occupy. My opinions have oeen expressed with an "unci mtu rcu; .- - crm A judicious legal reform should, however, ex.end to ' earnestness inspired by a conviction of their correctness, With gravel, ' o Other ' all the subsequent enactments, bv which we are govern- unaccompanied, however, by any vanity that can be pain- v;aY. Gardner's 3Tasaztn m - -m i - U. . a, v-k I r pense ot punishing this ootfe, the respeet due to the immediaje reprebenutuves oi a tree or vine planted against a building J. t in comparison with its impor- De0nle. If I have failed in either i irusi u win oe . for the sake of hidincr it. seldom failsio pro- journals of a single session are touted not to want of disposition to discharge wiui n- . oltboncrh it has nothing be- U or.fr. I, .. j . .. . i- . .r. .oorl iinnn liv TUP tlalmn " -" " r " -,." 1-1 .1 - covereti over , - t i i r4 1. I 1, I V '4l C 1 s 'i