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BY CHARLES R. RAMSAY. RALEIGH, N. C. DECEMBER 2, 1833. VOLUME III. NUMBER 2. KEPOIIT OF THE PRESIDEENT AND DIRECTORS OF THE LITERARY FUND. To the General Assembly of ike State of North Carolina. The President and Directors nf the Literary Fjtnd, in obedience to o Act of Assembly requiring them ro "cause to.be kept by the Treas urer for the State, a regular account of all such sulns of money as mayj Wonto the saitl tuner, oi ine manner in wuion uej suxnc uus ueou up- lat-irn With Such n-xuamieuuduuiisiui. liil- 1111 Jiuvuiiicut wi oumi, io ..;.o cPPin PTr.wi;,mt " risl fnllu TConnr )uleJ IlcU 'n,ot the receipts of this corporation for the vear endiner on the first! ) Willcn i f VnvpribfT . hsvP Wn s fnlW v5v. .' Ot imprOl Amount of tavern tax for 1833, do auction do do di cash received do on entries of vacant land Ditto dividends received State Bank and Bank of Newborn, Ditto ditto Cape Fear Navigation Company Add to this sum the amount reported by the Public Treasurer to the last General Assembly, to have been due to the Literary Fund, on the first of No vember 1S32, $2,737 28 675 64 6,279 43 18,180 00 566 14 Xrl d vested: and to make an annual report tlfcreof to the Legis- -re entirely satisliea. i hey believe, however, that an expen- PULU . . ' ... c. k : r o.,,c ment mav be made without either hazard or pxr.oncp to tho'Tuml. whi it 1 ' 1 1 1 " -i i " 1 . ."'-' e in cnarge, wmch. vein atiord the most satisfactory information to determine the propriety of entering upon a general system rement. Ihey propose to select a single tract of sufficient ex tent, and offer the requisite inducement ro reclaim it, to individual effort i and enterprise. With this view, they recommend as the first object of (attention, the woric which has been the subject ot "such frequent discus sion in the Legislature, the improvement of the Swamp land in Hyde county, oy draining lYlatamuskeet lake. 1 his lake is represented by Mr. Nash to be 20 miles in length from East to West, and 8 or 9 miles wide from North to South, and to cover an area of 120,000 acres. It is elevated from 7 to 10 feet above the level of Pamptico, sound from which n is distant tour miles, and has at its greatest depth y ieefcot water. He estimates that a canal forty feet in width, and eight feet in depth, may be excavated along the line of a canal already existing of the width of twelve and depth of four feet, by the expenditure of $8,000, and that it would have the effect to lay bare and sufficiently dry for the purposes of cultivation, 60,000 acres of land, of great fertility. In addition to this, the lands of the riparian proprietors would be secured from inun- datior, and thus greatly enhanced in value, and the healthfumess of a neighborhood increased, whieh is believed to be mnrp rlpnselv nonulaterl. o 1 . . j x i ?i than any settlement of equal extent in thi3 or perhaps in the Southern! ears in succession hat they have leave to report by bill or other wise. duced the conviction that the subject is one of great importance, and T -"-Messrs. Beard BriUain, of Burke, Brittain of Jlacon, BumS,?thi,Stac for -he space of five v well worthy the interest it has excited in the public mind. The general Saldwelvtlrn' Dobsnn' Edwards, Elliot, Faison, Gavin, Hunon,! ,ha ermity ot the soil is universally admitted, the extent of the surface has aatn of Rich noS' fTl'- ' JlcTrm kDnn nenliui 1 1 ,, m . i , . un oi lUcmnona, iliartiu of Rockingham, iuathews, Jienden- been ascertained by actual survey, and the effect of the anticipated lm- hall, 3omeomerv. JUoore. 3brri. nhrisnn. ir,ve nf rm. nnrrhi. jprovement upon the health of the adjacent country cannot be otherwise o0"5, Norman Phillips, sherard, simford, Simmons, Sitton, Spaight, Liitlli CJtlillLrll V. . i 1 ' i J - The important inquiry however remains to be answered, In what way and by what means can this work be most advantageously performed? This has been the subject of much reflection with the Board, and they have been unable to devise any general system of improvement, with rlll-li Vii-tr y. ;T i:..C,l T'L r V I .1 28,438 49 88,586 32J Making an aggregate of $117,024 81 During the present year no expenditures have been made from this fund for a.y purpose; and for obvious reasons, the Board have declined to exercise the authority given by the third section of the act creating this corporation, "to vest any part or the whole of the fund in the stock of any of the Banks of this State, or in the stock of the Bank of the United States." The entire fund has therefore been idle and unproduc tive during this period The President and Directors have had some difficulty in determining the construction, which ought to be given to the act of incorporation; .and as the question involved is one of much importance, they beg leave States. There is another obiect which may be attained by draining this lake or reducing its waters, which recommend it still more forcibly to public patronage. The distance from the lake to Alligator river is but four miles. If a canal be cut from the north side of the former, to the Pamptico sound, and from its southern margin to Alligator river, which to refer it to the consideration of the Legislature. The second section it is believed may be effected without much difficulty, a direct communi- nrovides that the Literary Fund, shall consist "of the dividends arising from certain bank stock owned by the State, the dividends arising from stock owned by the State in certain navigation companies; the tax im posed by law on licenses to the retailers of spirituous liquors and auc tioneers; the unexpended balance of the agricultural fund, which by the -act of the Legislature is directed to be paid into the Public Treasury; all monies paid to the State for entries of vacant land excepting the Cherokee lands, the sum of $21,090, which was paid by the State to cation will be opened between Albemarle and Pamptico sounds. The Dismal Swamp Canal is already in successful operation, and the im provement now proposed will afford a channel of .communication be tween Norfolk and Newbern, of great importance, not 01113?- to the imme diate section of country through .vhich it will pass, but to a largo portion of the Atlantic coast. Within the last, two months, a company of enter- prizini p:entlemcii have established, a line of steamboats between Lliza both City (near the point of connexion between Pasquotank river and in, oioue, van hoot. loes. Messrs. Arnngton, Flowers, Foy, Hall, Harrison, Howell, Latham, Lindsay, Man n, 3ebane, Jielvin; jiioye of Greene, Nash, Pugh, Skinner of Perquimmons, Skinner of Chowan, Skinner of Pas: quotank, Siaaw, Vann, Walton. Wilder Messrs. JJeard. Mendenliall, Martin oi Rockingham, Ed wards, Skinner, of Chowan, Jones ami Mann form the said committee on the part of the Senate. r Mr. Martin of Richmond presented a bill to incorporate the Rictsmund Manufacturing Company; which was read the first time, passed , and referred. Ihe engrossed hill tojrive lor.jrer time for payin"; in en try money for lands entered in Rutherford county, was read the first time and passed. Mr. UoKe irom the committee appointed to conduct the bollouing for solicitor of the 6th Judicial Circuit, reported that William J .Alexander is duly elected, llUUS Ui UUMMONS. Mr. Courts from the committee of Propositions and Grie vances, reported a biil to divorce Ann Eliza Viverett, from her husband Micajah, which was read, when Mr. Wyche moved for its rejection; which motion was negatived, and the bill passed its first reading. Mr. Courts, from the same committee, also reported a bill to emancipate Joe a slave: which passed its first reading. Mr. Outlaw presented a resolution in f.ivor of Alfred M. Slade: which was read the first time, passed and referred, Messrs. Weaver, Ta'.ham, Grady, Dubson 'and John 13, Jones were appointed to compose, on the part of this house iiiejoitu select committee on the expediency ol selling the onercKee Jjinds, A message from the Senate: proposing to ballot immedi ately for a solicitor of the 6th Judicial Circuit, and inform ing that Y illiain J. Alexander, the present incumbent, is in nomination. 1 lie proposition was agreed to, and Messrs Hargrove and Marsteller were appointed superintendents of the ballotting on the part of this H;use: Messrs Hoke, and Murchison compose the ballotting committee on the part of the beniue, Tiie bill for the better administration of justice in Hay wood county, was read the third time passed, and otder- certaiit Cherokee Indians for reservations to land secured to them by tne Llismal bwamp Canal) ana Aewbern. It is m contemplation to ex treaty, when the said sura shall be received from the United States by tend this iine from Newborn, through the Club Foot and Harlows Creek this State; and of all the vacant and unarprojyriatcd swamp lands in Canal to Beaufort, and thence along the coast by Wilmington to Cliarles this State, together with such sums of money as the Legislature - may ton, SC THrcuizh the cnuulo connecting idattamuslcoet jul? -yiih Woafw Wl it Pnnvrnipnt to annmnriate from timp to lime " The Pamptico and Albemarle Sounds, a hundred miles would be saved m ed to bt: enjnosed. The following engrossed bills and resolution passed their first rc-ding: The bill to prevent obstructions in First Broad river, in Rutheitord county; the bill authons ing the register of Rtincombe county, to appoint a deputv and the resolution. in favor of Archibald Campbell, of Cum berland county. On motion of Air. Graham, a messaire was sent to tl Senate, proposing to ballot, on Thursday next for Govern or of the State for the ensu'inn year, and statin"; that David annrrmn if i 1 1 1 . . . . -. - 1.11 .third section declares that the President and Directors shall have author- distance between Elizabeth City and iNewbeni, and the dangerous navi- ity "at all times to change, alter, and dispose of the real and personal estate, belonging to the said fund, in such manner and upon such terms as may in their opinion behest calculated to improve the value thereof." An Act passed at the same session, prohibits the entry of Swamp lands, lias the Act of Assembly in question transferred the Swamplands to this corporation with authority to dispose of them? or merely aright "to sill monies paid to the State" on account of them, as in the case of other vacant and unappropriated lands? The Board entertain the opinion that the former is the true construe lion. The grant is express "of all the vacant and unappropriated Swamp lands" and not to "all monies paid to the State" as in the for mer instance. If a right to the latter merely is intended, there was no necessity of any reference to the Swamp lands, all the unappropriated Jands except the Cherokee lands, being included by the other form of expression. The corporation neither owns, nor has authority to acquire any "real estate" other than these lands, so that the power "to alter, change and dispose of the real and personal estate," given by the third section, is by any other construction entirely nugatory, so far as it relates to the former species of property. The act above referred to, passed at the same session of the Legisla ture, to prohibit the entry of these lands accords wTell with this construc tion. The Legislature seems at that period for the first time, to have hiu- Pnva Secretar heen duly sensible of the ereat importance of this portion of the public domain, and it must have been upon this "real estate" alone, that any reliance could have been placed, or even hope entertained for the accu mulation, within any reasonable period, of a sufficient "fund for the sup port of common and convenient schools for the instruction of youth in ihe several counties of this State." . Having arrived at this conclusion it becomes the duty of the -Board in connexion with the subject, "to make such recommendations to the Le gislature for the improvement of the Fund as seem to them expedient." it is apparent that no general good could be enccted, by an attempt xo establish common and convenient schools in every county in the State, with a fund amounting to little more than a hundred thousand dollars. There is at present no opportunity afforded for an investment in the stock of any bank in this State or of the United States, though it is probable this state of things will not long continue. - In the mean time, they en tertain the opinion that their attention may with great propriety be di rected to the improvement of that part of the fund which consists of real estate, and that a portion of the money in the Treasury may well be set ;apart for this purpose, leaving the remainder to be invested in such stocks, sis the Legislature may direct. ' rhe Governor in his recent message to the General Assembly; has stated the extent, and made some general remarks with respect to the value of the Swamp and Marsh lands in the State. A minute and inter esting description of the entire region, over which they extend, was given to the 13oard forTnipmnl Tmnrmrements in 1 S27. bv Mr. Nash.'then r:-iTy . : 7 j -, v u engineer tor the State. He concludes his report on this subject by observing that "North Carolina possesses a mine of wealth in her swamp Jan 'Is, which if rightly managed may be made a source of great and lasting revenue. Instead of being the abodes of reptiles and howling easts, the receptacles of stagnant waters, which spread disease and eatU through the country for one third of the year, these now loathsome ih 1 ? an(l dismals may all be converted into fruitful fields, and made we delightful habitations of man." , . ard have taken much pains, to ascertain the correctness of the escripuon given by this gentleman of the several tracts of country sur- e) ey by him, and to test the general accuracy of his estimates. Various publications on the subject have been consulted, the maps belonging to "e Lxecutive Depaiment attentively examined, and much information . ,s. .a obtained by an extensive correspondence with gentlemen re siding m the eastern section of the State. These enquiries have pro- Aurl rFlio imnrnrp. ment would constitute a link of the crcat chain of internal communi cation which has for many years attracted the attention of some ol our most distinguished statesmen. 'The facilities of inter-communication, which it would afford in time of peace, would greatly promote the con venience, and advance the prosperity of that section ot the State; but if at any time the fleet an enemy should cut off all intercourse with our sna ports, a safe and direct inland navigation, ot the character proposed as a means of defence, would be of.incalculable value, not only to North Carolina, but to the Union. It seems to be matter of surprize, that the Legislature had not been induced, long since, by the obvious advantages which must result from the successful prosecution of such an enterpnze, to offer the entire body of land, which mhrht be reclaimed, to the first individual who would drain the lake. The Board entertain the opinion, however, that if the General Assembly concur with them in the construction they have jr'iven to the Act creating this fund, and sanction the'eourse which they propose to adopt, liberal and enterprizing individuals will be willing to incur the hazard ot such an undertaking, upon terms much more favorable to the State, if successfully prosecuted, and attended by no public loss should trail. They therefore respectfully recommend to your honorable body to au thorize the President and Directors of the Literary Fund to loan upon good security, to any number of individuals, not exceeding thirty, who will associate themselves, and shall be incorporated lor the purpose of engaging in the work, a sum of money, not exceeding 30,000 dollars, to be applied by the said individuals to the accomplishment of the projected enterprize. The money to be repaid at the expiration of five years from the period at which the loan shah have been obtained, without interest. The lands when reclaimed, to be sold, and the proceeds, after the repay ment of the 30,000 dollars loaned, to be equally divided between the cor poration and the individuals concerned. The canals to be joint property, and reasonable rates of toll to be allowed for the transportation of pro duce upon them. By this plan, the Literary Fund, for the use of the capital employed, and the land surface of the lake, which in its present condition is des titute of value," would receive one half the amount of tolls levied on the canals, and the individuals under whose direction the work shall be per formed, the remaining half, as a compensation for their attention and the hazard incurred. u-Swamis in nomination. Received froiit tlic J.-,v-n-.,r the following communication: To the General Assembly of North Carotin Gentlemen I transmit to you a communication, which I have ittst received from Gcu. Thomas G. Folk, Chairman of a lare and le- spectauie aieeiinoi ine raenicers 01 me -L.cETsia.iuie 01 mis otjac, held at the government House m tnis city on ine -.an uay oi January last together with a copy of the journal oi ihe prooccedmgs, and the duress nrenareu DV a comnmiee oi uiiu uouy iu ine iieeinen ui iuiui f!nrnlinn. I a!s.) transmit, in iurther com pliance vita there attest ot the meeting, a file of certificates which have been forwarded to me bvthe Shenfisof the respective counties to which thev relate, showing the n'imber of votes which were sriven in each for and against a change of the Constitution at the annual election in August last Jtfyopinions upon the interesting question to which these papers re fer, have been so trequcntly expressed, ana are so generally Known that further explanation would seem to be xmnecessary. Were it other, vise, the able exposition of nvy views in the accompanying address of the committee above mentioned, which received my sanction at the polls, and in the correctness of which iry confidence continues un diminished, relieves me lrom all difiicuhy. I beg leave to commend the subject to the patriotism, the prudence and the justice ef the General Assembly, and cherish the hope that it w il receive the fa vorable consideration to vhich it is entitled by the important principle involved, and the respect due to the opinion and feelings of so large a portion of the citizens of the State. Which resolution was on motion of Mr. Edwards, so amended as to make it the duty of the commtttee on Military Af fairs to mane the inquiry alluded, to, and adopted. Mr Lindsey presented a bill concern ing the Beach and Marshy lands lying in Currituck county; which was read three limes, passed, and ordered to be engros fed. Mr Brittain, of Burke, presented the following resolution: . Resolved, that the public bell on the public square shall not be rung under any other order than by the directions of the Legislature. Which was read the first time and passed and being read the second time, Mr. Ivlutts moved to amend it by adding thereto the words "during thesitting of the Legislature;" which amend uiont was ngreed to. After unsuccessful motions to postpone the resolution indefinitely and to lay it upon the table, it wa3 referred to committee of Propositions and Grievan ces. The proposition of the other House, to refer to the -committee on the subject of a convention the communication of the Governor relative to a change of the Con- sutution, was concurred in HOUSE OF COMMONS. Mr. Seawell presented the certificate f the clerk of the county court of Cum berland in favor of Isabella Campbell, al- I I am owing ner a pension j which was read and order to be countersigned by the Spea ker. Mr. Barringer, from committee on the udiciary, to which were referred the re solutions directing said committee to in quire into the expediency of placing fines imposed by courts of law upon the same e ..i! i .i i . . . ooung wiui outer judgment dents: ot a mending the law rcsnectiii": Bastardy; and of amending the existing laws for the benefit ot insolvent debtors, so as to a- bolish imprisonment for debt except in cases of Iraudnlentjconcealment, reported that it is inexpedient to alter satd laws. Concurred in. On motion o Mr. Waugh, a message was sent to the Senate, informln- that tu name of Henry Seawell is added to the nomination for judge of the Supreme Court. Mr. Shepard presented the petition of the actioners of Newbern, prayng for a reduction ot the tax on sales by auction: which was referred. The following ergrossd bills pased their first reading: The hill to make compensation to the jurors of the Superior Courts of Hay wood county and the bill to incorporate the Farmers' Library As sociation in'Chatham county. The amendment made by jj'he Senate to the proposition of this House to raise a joint select committee on the subject of amending the Constitution of the State was occurred in, and Messrs. Irving, Barringer, Poindtxter, Fi?.her, Outlaw, Long and Shepard were appointed to compose said committee on the part of this House. Mr. Smiihwick presented a bill to in- le forefroini: W. C LEGISLATURE. j SENATE Monday, Nov. 25. Mr. Stedman presented a bill to incorporste the Farmer's Library Asso- - . - . I'll l. M. A ctation in Chatham county, and Mr. &iiton, aDiti m mane compensation 10 the Jurors of the Superior Court ot Haywood county: which were read three times, oassed and engrossed. Mr. Brittain. of Burke, presented a bill to orect a new connty by the name of Yancey: which was read the first time and passed, and its further consideration postponed until iuoruay nexr. On motion of Mr. Hoke, a message was sent to the other house, proposing to ballot for a solicitor of the 6th judicial circuit, and stating that Wm, J. Alexander is 'in nomination. , On motion -d Mr. Clayton, the Senate proceeded to consider tbe propo sition of the House of Commons to raise a joint select committee to take un der consideration the propriety of amendingthe Constitution of the State, when Mr. Edvards moved to amend the proposition by striking out the fol lowing words, to wit: "and to inquire what mode it is most expedient to adopt tor the i ccom piishmentof the.same," and inserting in lieu thereof the following: "an 1 if necessary, to report some plan for the. accomplishment ol the same:" wh Ich amendment was agreed to. The proposition of the other house, as am em led, wa3 concurred in ayes 40, noes 21. corporate Shewarkee Lod"e No. 90, lii irou will recollect that, as with y-m resides the power to control this, Williamston, which was read three times subject, so upon you rests the responsibility nt'acaed. to us exercise. I earnestly hope that a spirit of conciliation and compromise nioy di rect your councils, and lead you to a result vhich n-ill unite the in terest and feelings ol every section ol the State, and thus ensure the harmony and prosperity of the whole. I have the honor to be, &C. DAVID L. SWAIN. Executive Department, ) 25th Nov. 1833. ) On motion of Mr. Courts, ordered that the communication with the accompanying documents, be traus mitted to the Senate and referred to the joint select com mittee on the subject of Convention. Mr. Marsteller, from the "ommittee appointed to con duct the ballotting for a solicitor of the Gth Judicial Circuit, reported that William J. AUexdcr is duly elected, On mot'on of Mr- Battle, the committee on the Judicia ry were instructed to inquire into the expediency vf so a mending the act of 1820, making compensation to coro ners in certain cases, as to make all the lees to which a coroner may be entitled in the cases mentioned in the said act a charge against the estate of the deceased, if a free person, or againstthc owner, if a slave. On motion of Mr. Alexander, the same committee were instructed to inquire into the expediency of defining the respective dutiesof sheriffs in holding elections fur mem bers of the General Aesembly, clerks and sheriffs. "Mr. Marsteller presented a bill to incorporate New Han over Academy; which passed its first reading. - The bill to incorporate Morven Academy, was read the third time, passed and ordered, to be engrossed. Tuesday Nov. 6. SENATE. Mcsf. Montgomery, Sherard, Lindsey,Vann and Wilder were appointed, on the part ot the Senate, to compose the joint select committee to examine whether the public print incr cannot be done on tprms more advantageous. Mr. Caldwell presented the petition of sundry citizens of Iredell county, praying that John Andrews, ofaid county, be restored to tlie privileges of a citizen; which was refer red. Mr. Morris presented the following resolution: Ef solved, that a message be sent to the House of Commons, propos ing to raise a joint select committee, consisting of five members on the part of each House, whose duty it shall be to inquire into the eipedi encv of passing a law exempting from the performance of military do ty (except in case of invasion or insurrection) all commissioned offi cers of the militia ot the grade of Captain and upwards, who have serv ed, or whe may hereafter serve, with good reputation in the militia of passed and ordered t be engrossed. Mr. Guinn presented a bill to alter the time of holding two of the Courts of Pleas anil Quarter Sessions of Macon county; Mr. Irvine, a bill to authorisa Laxton Lynch to erect two gates in Ruth erford county; and Mr. Allison, a bill to reduce the salaries of the Supreme Court Judges; which were read the first time and passed The bill to extend and continue in force certain acts for regulating the times of holding the superior Courts for the coun ties of Moore, Montgomery and Anson, was read the third time passed and or dered to be engrossed. The ergrossed bill to repeal in part the act of last session, regulating the County Cortsot Washington and Hyde, wag read the third tinve, passed, and ordered tQ bo enrolled. Mr. Shepard presented a petition from sundry merchants and others of Newbern, pray ing the establishment of a Bank in that town; which was referred to thejoint select committee on the Carrefley and Banks. The bill to divorce Arm Eliza Vive rett, after motions for laying it upon the table and postponing it indefinitely hail been unsuccessfully made, passed its se cond reading yeas 69, nays 59. Th5 bill was then read the third time, passed, and ordered tobe engrossed. Wednesday Nov. 7. SENATE. My. ITussey presented the memoriil of Isaac Weston and others, citizens of Duplin county, praying that said Isaac .Weston be restored to the privileges of a citizen, referred. Mr. Morrison presented the petition of William Davidson and others, of Meck lenburg county, securities of John Sloan, late Sheriff, praying to be released from the payment of a forfeiture of 400 dollars
Constitutionalist, and People’s Advocate (Raleigh, N.C.)
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