W
BIENNIAL MESSAGE
Of His Excellkxcy Governor Rin, to the
Legislature of North Carolina, at the Session,
commencing October 1852.
To (lie Honorable (he General Assembly '
of the State of boiih tarvttna
avorcd by a bountiful Providence with Peace !
Plenty, the present would seem a most aus-
Favor
r.,J Pl.-l
picious period for directing oar thoughts ana
. j,...-L - . ,i
energies to such objeets or legislation as are
calculated to advance the great interests of the
State, and to perpetuate the blessings of liberty.
Government was instituted for the security of
the rights of persons and of property, and for
the promotion of the substantial prosperity and
happiness of the people. These objects, con
trolled by constitutional limitations, constitute
the great political chart to guide Legislative
and Executive action.
Amon the subjects -which claim the consid
eration o? the General Assembly, is the question
of Constitutional Reform. At the sesskin of
1850-'51, the General Assembly passed; by a
constitutional majority, a bill to amend the
Constitution, so as to extend to CTery freeman,
who now has the right to vote for the Commons,
the right to vote also for the Senate. The Ex
ecutive Proclamation on this subject, was pub
lished agreeably to the requirements of the Leg
islature. I earnestly recommend that said a
mendment be passed by the constitutional ma
jority of the present General Assembly, and
submitted to the' voters of the State for ratifica
tion. . .
The Constitution, as it now stands, prohibits
every man who docs not own fifty acres of land
from voting in the Senate. This provision, it
is believed, disfranchises in the Senate about
one half of the free white men of the State, and
embraces in its proscription a large class, who
in Doint of merit, intelligence and patriotism,
are not inferior to any portion of our popula
lation. The proposition is not to take from the
landholders their just rights but to elevate an
other meritorious class of our people to equal
privileges at the ballot box. It is a marked fea
ture in the progress of this reform, that a great
portion of the freeholders, with a commendable
disinterestedness, regarded this as a question of
principle, and of right, and among them were
found its earliest advocates and most zealous
supporters.
A lorm miiritr nf tVio rwrinle. in pverv nor-
tion of the State, are in favor of Equal Suffrage,
and prefer the Legislative mode of etTecjwtg it.
The greater part of the expense inegeary to at
tain Equal Suffrage hasalrsRTybcen incurred ;
and now to abandonelegislative mode, and
to rely upon theconvention mode, would not
only causejjfcfay but an increase of expenditure,
The CfcfiVention mode is impracticable. The
IsMutional majority cannot be obtained in
favor of a Convention ; and, if the fate of this
question is made to depend upon calling a Con
vention, its defeat may be regarded as certain.
The Legislative mode is not only expressly
provided for in our State Constitution, but is
also recognized in the Constitution of the Uni
ted States, as one of the modes for ratifying
amendments, by the States, to the Federal Con
stitution. This mode affords time for examination and
reflection in relation to the amendment pro
posed, and finally, when it shall have passed
two successive Legislatures, it cannot be adop
ted without the sanction of a majority of the
voters of the State at the ballot box. "A free,
open and unrestricted Convention" could have
no such restriction upon its power. Hence a
well founded apprehension exists in the minds
of many ardent friends of constitutional reform,
against the Convention mode of effecting it. A
Convention is impracticable and inexpedient,,
and I regard the Legislative as the safe and
only practicable mode, at this time, of amend
ing the Constitution.
A change of the Basis of Representation
would be fraught with mischief. Even the ag
itation of the subject is calculated to destroy
that harmony among the various portions of the
State, which is so essential to prosperity and
happiness. Let us unite in directing our atten
tion to the subjects that may produce more ben
eficial results.
It is a circumstance gratifying, and at the
same time highly complimentary to the State,
that however much the people may desire con
stitutional reform, they promptly reject any
other than a constitutional mode to attain it.
The eloction of Judges and Justices of the
Peace, by the people, for terms less than for
life, are questions of constitutional reform,
which I recommend to the favorable considera
tion of the General Assembly.
There is no object of more general impor
tance than Common Schools, nor is there any
question more worthy of the favorable conside
ration of the General Assembly and the people
of the State.
It is contended by some that the present mode
of dividing the School Fund, is unjust, and that
it ought to be divided according to white in
stead of federal population. The present basis
of distribution has met the approval of many
successive Legislatures, and I do not see any
good reason to recommend a change in this res
pect No mode can be devised that will ope
rate with equal benefit to all the counties.
It is submitted, whether the appointment of
a general superintendent may not tend to im
prove common schools, and to advance the cause of
education. Such an officercould no doubt domuch
to produce uniformity in the system , and to difl'u se
a proper spirit on the subject throughout the
-Sate. It is believed that the present system
has greatly diminished the number of private
schools. In many instances, it would seem that
a reliance upon the common school prevents
the district from providing a private school ;
and it is often found that a district has a very
imperfect school, and that only for a very short
period during the year. The schools should,
if possible, be of such a character as to mako it
the interests of all classes to patronize them ;
for they are intended alike for the poor and the
rich.
The execution of the system is more defective
than the system itself. One cause why our
6chools are not in a more flourishing condition,
arises from the fact that public attention has
not been sufficiently aroused to the importance of
the subject. Spareness of population, and the
want of adequate means to employ suitable
teachers, are the principal obstacles that im
pede the progress of the system. The question
arises, whether it is better to endure the sys
tem, with its present limited but gradually in
creasing benefits, or to improve it at once, by a
resort to an increase of taxation. I can imagine
no olject for which an increase of taxation
would be more justifiable and commendable.
Contributions for public education have been
aptly compared to the vapor drawn from the
earth, not to exhaust, but to be returned in fer
tilizing showers.
Our common school system, however, im
perfect as it is, is producing lasting and bene
ficial effects. It will improve as we advance in
experience and increase in population. Dur
ing the past year, upwards of one hundred and
twenty-eight thousand dollars were distributed
from the Literary Fund, among the several
counties of the State, and an equal amount will
be distributed during the present year. The
principal of the fund is gradually but slowly in
creasing, and is becoming more productive. As
yet, there has been nothing actually received
from escheats, but it ig believed that the act
passed npon this subject at the last session, will
in the course of time, greatly increase the Lit
erary Fund.
The President and Directors of the Literary
Fund will in due time submit a report, showing
the condition of the fund, and proceedings of
the Board in relation to other subjects commit.
ted to their management.
A judicious system of Internal Improvements
by the State, has ever been regarded as a sub
ject of great importance, and entitled to the fa
vorable consideration of the General Assemblv.
The want.of cheap transportation is deeply felt
by the agricultural, commercial, manufacturing
and mining interests of the whole State. To
overcome this inconvenience could not fail to
increase the reward of every industriarpuTsuit,
and add to the wealth and prosperity of the
people of the State. Believing that the mem
bers of tho General Assembly, coming from the
various counties, will be fully prepared to give
due consideration to the claims of every portion
of the State, I do not feel called upon to decide
between the peculiar merits of the many public !
improvements which demand the patronage of
the State. Works of internal improvement ncc- I
cssari.
be undertake
cabilitv
means necessary to complete them. The Gen- j
oral Assembly, which authorizes a work of in-!
ternal improvement, ought, as a general rule,
to provide for raising the means necessary for j
i-i- iin. ..i j,.:- : : i
its completion. Whether public opinion and
the condition of the treasury will justify tho
State at this time in embarking in other and
new objects of improvement, and if so, to what
extent, is a question which is submitted to the
prudence and wisdom of the General Assembly.
A wise and prudent system all should approve:
a wild and extravagant schema all should de
precate. The Kxmisite amount having been subscrib
ed, according to the terms of the Act passed at
the last session of the General Assembly to in
corporate the Raleigh and Gaston Railroad
Company, in the month of October last, the
Commissioners on the part of the State deliv
ered over the Road and fixtures to the new Com
pany. Sinee that time, the Road has ceased to
be under the control and management of the
State. Since the transfer to the new Company,
the road has been undergoing an entirely new
superstructure, which is nearly complete.
This improvement has already enhanced fa
cilities to the State. The stock has been sub
scribed to form the connecting link betwoen this
Road and the Wilmington and Raleigh and Sea
board and Roanoke Ralroads, and this impor
tant work is in course of construction.
At the last session a Resolution was passed,
authorizing the President and Commissioners
of the Raleigh and Gaston Railroad to antici
pate the receipts of the road by the purchase of
two hundred and fifty tons of iron, for the pur
pose of repairing the road, and authorising them
to pledge tne receipts ot the road tor the iron
ly involve a large expendituie, and should ( the State's subscription to this work has been
n with due regard to their practi-1 paid. The stock has alroady been paying div-
,and to the adequacv of the resources and ; idends into the State Treasury. This not only !
thus purchased. It was provided thjvUhehTftional Judicial Circuits, and the election of
should, in no manner, or injlevent, be held
liable for the purchase money ; and, when the
new should bcj-Cepted, the iron should be sold
for thebjelTefit of the State. In pursuanco of
chased two hundred and fifty tons of iron from
Mr. Anderson, of Richmond, and it was appli
ed to repairing the Road. A part of the iron
has been taken by the Company, and a part of
it, I presume, still remains on the road. The
new Company has made no proposition to pur
chase the iron. Unless the Legislature shall
otherwise direct, the iron will be sold for the
benefit of the State.
It is believed that, after the settlement of the
accounts and the payment of liabilities for the
expenses of the Road, there will be little, if any
thing, applicable to the paj-ment of the debt
contracted for this iron. If the Legislature re
quires the proceeds of the sale of the iron to
be placed in the Treasury, it would prevent Mr.
Anderson from receiving any portion of his
debt. Should the proceeds be applied to this
debt they would not pay one half of it. I re
commend that the General Assembly authorize
the proceeds of the sale of the iron to be appli
ed towards the payment ot the debt contracted
for its purchase ; and it is submitted, whether
an appropriation shall be made to pay the bal
ance. The Report of the President in relation to the
affairs of the Road, while under the control of
the State, will in due time be communicated to
the General Assembly. In enrolling the Rill
iiassed at the last Session to incorporate the
ialoigh and Gaston Rail Road Company, it is
believed that some of the sections as it passed
were omitted, which renders farther legislation
on the subject necessary. Ono of the omitted
sections authorized the appointment of four di
rectors on the part cf the State. The Board of
Internal Improvements only appointed the num
ber provided for in the omitted section. But
the State owns one half the stock, and it is be
lieved she ought to have the appointment of one
half of tho Directors, and it is recommended
that such provision be made by law.
An Engineer was employed to survey Neuse
River, and the balance of tho appropriation
made under the Act of 1850-'51, after paying
the expenses of the survey, has been subscribed
to the Neuse River Navigation Company, as di
rected by said Act, and a part of the appropri
ation paid to the Treasurer of the Company.
This is a work of importance, and its comple
tion promises highly beneficial results. The
Report of the Engineer appointed to make the
survey is herewith transmitted.
Three Comm.Ksioners were appointed under
the act of 1848-'9 to superintend the improve
ment of Tar River. This is a desirable im
provement, but it is doubted whether the ap
propriation is sufficient to accomplish the ob
ject for which it was intended.
The whole amount of subscription of the
State, to the Cape Fear and Deep River Navia-
i uon company, nas oeen paid. 1 be woTfc is 1
i progressing, and promises to open new and val
I uable commercial advantages not hitherto en
! joyed by the State.
j Under a Resolution passed at the last ses
sion of the General Assembly, the Public Treaa
I urer transferred two thousand shares of the
j stock owned by the State, iu the Wilmington
, and Raleigh Railroad Companv. to the Wil-
mington and Manchester Railroad Company,
1 l .L . C a- V . , , . F .- '
ucrcuj. uie oiaie oecame a stocunoiuer in the
important improvement under the charge of
that company. In directing the transfer of the
stock, the resolution did not make any change
in regard to the number of directors to which
the State should be entitled in the Wilmington
and Raleigh Railroad Company. Under the
circumstances, the Board of Internal Improve
ments did not feel authorized u mako any
change in the number of directors appointed on
the part of the State. Tho stock transferred, is
represented by the State in tho Wilmington and
Manchester ltailroad Company. If the Legis
lature intended that the number of directorson
the part of the State, should only be in propor
tion to her stock, farther legislation on the sub
ject would appear to be necessary.
The Wilmington and Raleigh Kailroad, with
energetic management, has of late overcome, to
a considerable extent, the early embarrassments
this important work had to encounter. The
Company has commenced paying dividends,
thus enablingthe Literary Board to distribute an
increased amount for the support of Common
Schools.
The North Carolina Railroad, it is believed,
is progressing as rapidly as could be expected,
considering the circumstances attending its
commencement and prosecution. This improve
ment promises to afford new and increased
means of transportation to a considerable por
tion of the State, heretofore deprived of such fa
cilities. The President of the Company will, in
due time, submit a report in relation to the pro
gress and condition of the work.
It is probable that application will be made
during tho present year, or early in the next,
for the first instalment of the State's subscrip
tion to the stock of this road. To raise the sum,
State bonds are authorized to be issued and sold.
It is believed that this loan, as well as all oth
ers required by the State, can be procured up
on better terms by authorizing the Public Trea
surer to issue Coupon Bonds.
An act was passed at the last session of the
General Assembly, appropriating twelve thou
sand dollars, " out ot the first monevs enlWtpi.
after the first day of January 1852, from the
Cherokee bonds, and from the sale of Cherokee
lands," for the survey of a Railroad route from
Salisbury to the Tennessee line. The Aoi-nt
states, that only a 6mall sum applicable to this
appropriation has been collected. It was not
therefore in the power of the Board of Internal
Improvements, to procure the execution of the
the survey, it is to be regretted, that this
could not be done before the commencement of
the present session of tho Legislature, as tho
contemplated line runs through a portion of the
State, where the people are deprived of the
means 6f "'convenient rspoTtation, ' and are
therefore deeply .interested in the subject.
It is uncertain, under the present Act, when
a sufficient sum will be collected to defray
the expense of tho survey. Should the Legisla
ture desire it to be made at an early period, an
appropriation for that purpose will bo the
means by which it can surely bo accomplished
The Fayetteville and Western Plank Road ie
in course of extension. The whole amount ol
bids fair to be a valuablo improvement, but die
stock it is believed will be a good investment j
for the State. Iho lteport ot the President and
Directors of tho Company ig herewith transmit-
a ,
ted.
An Agent was appointed to superintend tho
construction of the Western Pike road. A con
siderable portion of the Road has already been
made, and other parts of it are under contract.
The Agent, it is believed, has faithfully per
formed his duty in superintending the work.
Toll gatherers have already been appointed on the
portion of the road completed, but a report of
the amount of tolls collected has not been re
ceived. It is respectfully submitted whether legisla
tive action is not necessary on the subject of
public high-ways. This is a subject of general
importance to the State, and has been too much
neglected. Good roads will be found to ad
vance the interests of all the industrial pursuits
of the State. Tho mode of assessing the labor
to build and repair public high-ways is unequal
and unjust. The work done on tho public roads
is a tax paid in labor. It often occurs that a
person of quite limited estate contributes in the
course of the year a considerable amount of la
bor to Roads, while his nearest neighbor who
has a large estate contributes but little or noth
ing at all for that purpose.
It becomes the duty of the present General
Assembly to lay off the State into Electoral,
Congressional, and Senatorial Districts ; and
apportion the members of the House of Cost,
nions among the several counties Qf--tiie"S"tate.
It is respectfully subn.utted('whcther public
convenience anI-rho ends of public justice do
notrgjiriro the formation ot one or two addi-
corresponding number of Judges,
The fiscal year closes on the 31st of October,
when the Public Treasurer will submit his re
port giving a detailed account of the operations
and condition of the Treasury.
The State debt is as follows :
State bonds already issued, $1,224,000
Loans authorized by law for vari
ous works of Interim! improve
ment for which itisexpected bonds
will be issued during the next two
years, 2,140,000
Total, $3,364,000
The Report of the Comptroller for the fis
cal year, ending the 31st ot October 1851, is
herewith communicated.
It will be seen that the taxes paid into the
Treasury during the year 1851, amounted to the
sum of $157,137 71. The Revenue Act, passed
at the last session, will, it is believed, increase
the revenue paid into the Treasury this year,
about $20,000. Neither the demands on the
Treasury, nor public convenience would seem
to require any increase of taxation during the
next two years. No more money should be col
lected from the people, than is necessary to de
fray the expenses of a good and economical gov
ernment. Taxation is indispensable, but it is
one of the first duties of the Statesman, to en
deavor to equalizo the burdens as well as the
benefits of government.
For many years the demands upon the Treas
ury were so limited, that but little attention
was paid to the subject of taxation. Of late
years, Internal improvements and other public
objects have increased the expenditures, and
our financial system has assumed a more impor
tant aspect. It will be perceived, that of the
$157,137 71 tax, paid into the Treasury in 1851,
$37,050 32 was collected on land and town prop-
erty ; ?oo,ioo ui on me pons; j.o,wi fw on
interest tax ; and lz,e:i ol on store tax ; a-
mounting in the aggregate to the sum of $111,
022 87, paid into the 'treasury on these princi
pal items of taxaiton ; and $40,014 84, paid in
on all others. The land and poll tax amounted
to $73. 192 39. The tax for countv purposes is
collected entirely on land and polls ; and the a
mount paid into the Public Treasury on these
two items is small, when compared with the tax
paid for county purposes. We have no returns
to show the amount of county tax collected in
the State. It is believed, however, that not
more than twenty per cent of the whole amount
collected on land and polls, goes into the Pub
lic Treasury, and I have based the estimate of
the average amount paid on land accordingly.
An examination into the existing revenue laws
will show that the present system operates very
unequally. At present, $1000, loaned at inter
est, pays 180 cents, while $1000, hoarded against
the public convenience and public policy, pays
nothing at all ; $10(X) invested in land, pays
300 cents, while $1000 invested in trade, pays
100 cent. Other unjust discriminations might
be shown.
As a general rule, it is believed that the tax
upon the estate of each person should be in pro
portion to its value, subject to such exceptions
only as circumstances and fundamental princi
ples may justify. Inasmuch as property on the
one hand ought not to be mado the test of pub
lic privilege, neither on the other ought the ab
sence of property to exempt the person from
bearing an equitable share of the public burden.
Therefore it is thought just and proper to im
pose capitation tax. Slaves are regarded to
some extent as both persons and property. The
following wise provision in our State Constitu
tion, which ought not to be departed from, de
fines the power of legislation upon this subject:
"SECTION III.
1. Capitation tax shall be equal throughout
the stato upon all individuals subject to the
same.
1. All free males over the age of twenty-one
years, and under the age of forty-five years, and
all slaves over the age of twelve years, and un
der the age of fifty years, shall be subject to cap
itation tax, and no other person shall be subject to
such tax; provided that nothing herein contained
shall prevent exemptions of taxable polls as
heretofore prescribed by law in cases of bodily
infirmity."
It will be seen that slave property must form
an exception in framing a system of ad valorem
taxation. White males alone are subject to a poll
tax, anda poll-tax is imposed on both mole and
female slaves, and the period of taxation commen
ces nine yearsearlierand continues five years lon
ger. Thus it will appear that by taxing both
sexes the amount of revenue collected from the
taxes on slaves is double the amount collected
on white-polls, in proportion to the population
of tho two races; and the difference in the du
ration of the period for which they are taxed is
equivalent to one hundred per cent more. It is
therefore obvious that in proportion to the whole
number of each, the poll-tax paid on the slaves
is three times as much as the poll-tax on the
white population. So it will be found that this
provision in the Constitution has imposed a tax
on slaves in the two-fold character of persons
and property, and that an ad valorem tax can
not be imposed on that species of estate.
Persons and property being the principal ob
jects oi iaxnou, iney auouia bear a lair and
just relation to each other, in a system of reve
nue. It is believed that, after excepting slaves,
each person's estate, real and personal inclu
ding money, whether at interest or not, ought
to be taxed alike, according to value. This
would require every person to contribute in pro
portion to the value of his or her estate, and
would equalize the public burden between the
various classes, upon principles of justice. I
know of no better rule to ascertain the ability
of the owner to pay, or the degree of protection
his estate requires from government, than by re
sorting to the actual value of such estate.
This system need not interfere with taxing
certain employments, and the income on profes
sions, as is now done. Such persons as do not
TMnaenn rtersonal estate of the value of one hun
dred and fifty dollars, ought to be exempt from
property tax, and an exemption of a Tike amount
might be mad in favor of all others. A system
of revenue, based upon these principles, is rec
ommended to the favorable consideration of tho
General Assembly.
On the 8th of May, 1851. Asa Bigs, B. F.
Mooro and R. M. Saunders, Esquires, were ap-
fointed commissioners, under the act of the
ast session of tho General Assembly, to revise
tho public statute laws of tho State. On the
2d day of August, 1852, R. M. Saunders sent in
his resignation, which, in consequence of my
necessary absence, did not reach me till the 24tli
of that month. His letter of resignation is
herewith communicated. I have received no
official report from the commissioners ; but in
the latter part of the month of August last, it
came to my knowledge that the commissioners
prior to the date of this resignation, had deci
ded not to report the revisal to the present Leg
islature. Under all the circumstances, it was
deemed advisable not to fill tho vacancy until
the subject was submitted to tho General As
sembly. It is due to state that tho commission
ers were appointed with the hope and expecta
tion that they would bo able to complete their
labor by the "usual time of the meeting of the
Legislature. They will, no doubt, in due time
report directly to the General Assembly, when
such action can bo taken as may seem expedi
ent. Professor Emmons was appointed under the
act passed at the last session to make a geologi
cal and agricultural survey of the State. The
work is progressing, and it is believed, will in
the end be productive of highly beneficial re
sults to the agricultural and mining interests
of the State. Agriculture has been too long
neglected, but it is hoped it may receive anew
impulse, that will lead to tho increased-.reward
of the husbandman. It is believed that an "ad
ditional appropriation, to supply a boring appa
ratus, and to justify the collection of specinjejyuJ
10 u ucjkiju l joi&-t:7rauie piace jbt piacm,
w.ouliL pr-eirivttrthe objects of the survey. .1
It will afford me great pleasure to co-operate
with the General Assembly in all such meas
ures as are calculated to promote the honor and
welfare of the State.
DAVID S. REID.
Executive Department, )
lialeiyh, Oct. 14, 1852. )
RUNNING DEBATE
In tue Senate, Oct. 14th.,
On Mr. Lillington's Resolution, directing that
a message be sent to the House of Commons
proposing that the two Houses of the General
Assembly adjourn on the first Monday in De
cember. Mr. LILLINGTON said he did not intend to
discuss the resolution : he would merely state
one reason for its adoption. It seems, said Mr.
L., to bo pretty well ascertained now to bo the
sense of both Houses of the General Assembly,
that they are to remain in Session, that this is
to be converted into a regular Session, and that
we are to proceed to the transaction of the or
dinary and regular business of the biennial
Session. It is ascertained that the Commis
sioners appointed to revise the Code, will not
be prepared to present their report. Therefore
that part of the duty which wo supposed we
should bo called upon at this Session to perform
wo shall be relieved from, and it is much the
most onerous of the duties imposed upon a Ses
sion of the General Assembly. Now, Sir, I
think we shall be able to get through with the
other business by the first Monday in December.
That will make a Session of two months, rather
under the average duration of the Sessions that
we have had for the last four or five years. I
believe tho last three Sessions have all exceeded
two months in length. At any rate the time
which I propose for the duration of this Session
will afford us ample time to get through with all
the business that is likely to como before us.
The question as to the installation of the Gove
nor has been fully discussed elsewhere. So far
as that is concerned, the better opinion seems
to be that we have the right to administer the
oath of office to the Governor at any time pre
vious to the first of January, provided it be done
in the presence of both Houses. In that way
we shall fully meet the requisitions of the Con
stitution. That being the case, there is nothing
to detain us here beyond the time named in the
resolution, provided we now proceed with the
public business. We can easily get through
with all the legitimate business of the Session,
by the first Monday in December, and by fixing
the time of adjournment now, it will ensure
promptness in the despatch of the business in
both Houses. Believing this to be the case, and
being desirious of ascertaining the opinions of
members on the subject, I will ask for the yeas
and nays.
Mr. THOMAS moved that the resolution be
laid upon the table, remarking that he thought
they would be much better able to determine
the time for adjournment after they had made
some progress with the public business.
Upon the motion to lay on the table, the yeas
and nays were taken and resulted, yeas 21, nays
25 ; so the motion did not prevail, and, the ques
tion recurring upon the adoption of the resolu
tion, Mr. HOKE asked leave to make a suggestion.
This resolution, said Mr. II. proposes to adjourn
on the first Monday in December. It strikes me
that the time for counting the votes given for
Governor, a duty which devolves upon the Gen
eral Assembly, is the second week in December.
Mr. LILLINGTON observed that this objec
tion might be very easily obviated. If the two
houses should agreo to adjourn at the time spe
cified in the resolution, they could easily pass an
act repealing the existing law so far as the time
tor counting tne votes is concerned and fix an
earlier day for that ceremony, for it was but a
mere ceremony.
The question was then put upon the passage
of the resolution, and by yeas 33, nays 13,
The resolution was adopted and sent to the
House of Commons for its concurrence.
The House refused to concur.
REMARKS OF MR. WOODFIN
On his resolution that the two Houses adjourn
on Oct. 15th, to meet again on the third Monday
in November :
Mr. WOODFIN. If we take it for granted,
sir, that it is perfectly regular and constitution
al for us now to proceed with the ordinary bus
iness of legislation, and if it be admitted that it
is necessary for us to be here on the first of Jan
ary, as some affirm, to witness the inauguration
of the Governor, yet, in view of the small amount
of business to be done, I think we ought to ad
journ for a few weeks in the intermediate time.
I do not see what we have to do here that will
keep us occupied until the first of January. If
we are to bo here on the first of January, I ask
Senators to show me what we have to do in the
mean time. It is Understood that we are to re
ceive no report from the Commissioners for re
vising our Code of laws. If we are to be here
on the first of January, we can be at home for
three or four weeks and do all the business that
is to be done here besides. And it is highly im
portant that we should be at home. This is the
time of year for the meeting of the Courts. In
my County a great portion of the business of the
Courts is suspended in consequence of the ab
sence of the lawyers who are members of the
General Assembly, and the interests of their
clients must necessarily suffer. And I suppose
it is the same in other Counties. It is true it is
said we have to district the State, but is it not
evident that that is a work to bo done chiefly in
the Committee room ? And from the present
position of parties every one must know that no
bill can pass that will be satisfactory to both
parties. Now, to say nothing of the business
that is neglected at home, the State will be great
ly me gainer Dy our aajourning. xne mileage
of membeis will be but $5000, while our daily
expenses here are between five and six hundred
do liars a day. And we shall adjourn as soon
after tho third Monday in November, if
we go home and meet again at that time, as we
shall if we continue in Session. Why was the
third Monday in November fixed by law for the
meeting of the Legislature? Because it is a.
time of exemption from other occupations ; and
by adjourning now and meeting again on the
third Monday in November, " the day fixed by
law for thecoinmencementof theregularbiennial
Sessions, we shall avoid the difficulty which be
sets us now, arising from the doubts which are
entertained in regard to the constitutionality of
considering this in the light of a regular Session.
If it is perfectly competent for us now to trans
act tho business belonging to d regular Session
of tho legislature, it will hot bb less bo then ; on
the contrary there will then be no doubt exist
ing, because we shall then have met according
to the law of the Country. And if this is not
strictly speaking a Session, it is highly necessary
that we should take that course.
But there is another reason why we should
adjourn. I think there is much doubt whether
the newly elected members or the former ones
ought to have been called together at this extra
Session. I am not prepared to assert that the
meeting of the newly elected is not in accor
dance with law, but I have serious doubts on
the subject. The tenure of the office of Govern
or commences from the day of installation and
not from the day of election. By what rule,
then, upon what process of reasoning do you
count the members of the Legislature out of
office two years from the day of their election,
while the term of offico of the Governor and all
other officersof the Stato government is reckoned
from the day of taking the oaths of office. I
can see no reason for the variance. Ijlo not say
it is not all right, but I see no satisfactory rea
son why it should be so. If we adjourn now
and meet again on the third Monday in Novem
ber, it will meet all the contingencies of the case,
whatever may be the decision as to this being
considered the rejrular biennial Session. Alto
gether it does appear to mo that it will be the
wisest course, and 1 hope the two houses
vviU -
adopt it.
STATE LEGISLATURE-
SENATE.
Fridav, Oct. 15th, 1852.
The Speaker laid before the Senate a commu
nication from the Comptroller of public accounts
accompanied by a report in answer to a call of
the Senate, showing the amount of taxes receiv
ed by the State for the years 1848-'9 '50-'51,
and 1852.
On motion of Mr. Gilmer, ordered that the
same be sent to the House of Commons with a
proposition that said report be printed, one copy
for each member of the Legislature.
Mr. Washington introduced a bill to amend
an act passed at the session of 1850-51, entitled
an act to regulate the pay of Jurors and witnes
ses in the county of Craven, which was read a
first time, and referred to the committee on the
Judiciary.
A message was received from the House of
Commons transmitting the following engrossed
bill in which they ask the concurrence of the
Senate, viz : A bill to amend an act entitled an
act to incorporate the Cape Fear and Deep Riv
er Steam-boat Company." The bill was read a
first time and on motion of Mr. Murchison the
rules were suspended, and it was read a second
and third time and passed and ordered to be
enrolled
A message was received from the House of
Commons concurring in the proposition of the
Senate to raise a joint select committee of two
on the part of each House to cause a skeleton
map to be prepared, dividing the same into
counties, ana iniorming the Senate that Messrs.
Amis and McNeill form the House branch of
the committee on tho subject; whereupon Messrs.
Boyd and Willey were appointed the committee
on the part of the Senate.
The Senate took up for consideration the en
grossed bill to repeal in part the 25th Section
of the 52nd chapter of the Statutes which fixes
the time for the meeting of the biennial sessions
of the Legislature.
The question being shall the bill be read a
third time,
Mr. Gilmer said he thought it would be
scarcely necessary to pass -this bill, for rea
sons heretofore assigned by him. Had the
Governor called together the Assembly before
the last election, it was clear to his mind that
such called session would have no right to
legislate on the questions of Free Suffrage, the
Senatorial Districts, or the apportioning of
the Representatives. That the members to tho
last Assembly were elected at a time when no
such questions were before the people, to ope
rate or be considered of in making a selection
of members. A session, called after the elec
tion, continued Mr. Gilmer, may be a different
affair. If the newly elected members are the
persons properly called together, this can be
sustained only on the idea that the law which
requires the Assembly to meet in biennial ses
sion, also authorizes the Governor in cases of
absolute necessity to call the Assembly togeth
er at a day sooner than the same may be ap
pointed to meet. If the last elected members
are now in session, then is our meeting on the
4th day of October, a substitute for, and a com
pliance with the legal requisition to meet in bi
ennial session on tho 3rd Monday in November.
In this view of the question this must be the
regular biennial session. He further said that
to obviate all difficulty, it was in his mind after
the 3rd Monday in November to draw up a short
bill referring to all bills by their titles that
might be passed before that time, re-enacting
which he conceived would remove all difficulties
being passed at both sessions, if, in fact, our
continued sitting shall be construed into two
sessions.
Mr. Caldwell advocated the passage of the
bill. He said he could see no objection to its
passage. It could do no possible harm,, but its
rejection might. His opinion was that it was
necessary to repeal this law unless they wanted
two distinct sessions for which there was no ne
cessity. It was admitted that this was a ses
sion, and it was also admitted that it had been
called in accordance with law, the Governor
having the right to call a session of the General i
Assembly.
Now, Sir, continued Mr. Caldwell, if we look
at tho wording of the act, we shall Bee that it
does not say tho General Assembly that ad
journed to meet on the third Monday in Novem
ber, but simply 'shall call a meeting of the Gen
eral Assembly.' Not the General Assembly that
had adjourned in January last, but a meeting
of the General Assembly." Therefore it is a
distinct session of the General Assembly, and a
session distinct from the biennial session.
Then, Sir, it being a session, how can we dis-
Fose of this session t It must come to an end.
t must adjourn or by some means be dissolved.
And unless you repeal the law by which we are,
compelled under the provisions of the constitu
tion to meet on the third Monday in Novenfber,
we shall be under the necessity of adjourning
before that day in order that the regular bien
nial session may then commence. I differ from
the Senator from Guilford in this; He insists
that the call of this session of the General As
sembly by the Governor virtually repeals the
law requiring us to meet on the third Monday
in November. Well now I entertain a different
opinion. I think it requires the same solemni
ty to repeal a law that it does to pass it, and
meeting at an earlier day under a call of the
Governor cannot I think affect the existence of
that act in any way. But why oppose the re
peal of the law ? Can it do any harm to repeal
it ? Can we not re-enact it before we adjourn t
And as I before remarked, to satisfy the scru
ples that gentlemen entertain on this point, and
to obviate the risk that we may run by neglect,
I think it becomes a matter of some importance
that this bill should be passed.
Mr. Gilker. The difficulty , in my mind,
and the only question that I have heard raised
is this, whether a session of the General Assem
bly called by the Governor to meet at a different
day from that fixed by law for the meeting of
the regular biennial session, may .be considered
as the biennial session contemplated by law.
That is the only difficulty. And Sir, if we. pass
a confirmatory act, or if we continue and make
but one. session of it, it seems to me this .diffi
culty will be removed. The difficulty, if there
is to beany, is going to arise from repealing tie
lawl JTor if we by 'our act now destroy the bi
ennial session, then, Sir we are unquestionably
involved in a difficulty. . . . - "
' Mb.' Caldweix.". Allow me to make one
suggestion to the Senator. His position is I be
lieve that we? at the regular session,' are to re
enact what we do at this, j
Ma. Gilitke. -That Sir is what I mean.
Mr. Caldwkll,.' Why Sir it will be dou
ble trouble. The question is which will be the
most convenient, the re-enacting the law which
we repeal now or the re-enacting of every thing
that is done by both" Houses. So far as facili
tating the business is concerned, it seems to me
it is much better to repeal and repass the law
respecting the biennial sessions than to under
take to re-enact every thing that may be done
by the Legislature in the intermediate time-.
Mr. BrxtJir. If I understand the object of
the Senator from Mecklenburg in seeking the
repeal of this law it is to avoid having two ses
sions of the Legislature. The difficulty ho as
sumes to be this, that the present session of the
Legislature is an extra session and unless we
pass the bill that is upon your table we shall bo
obliged to adjourn and meet again on the day
fixed by law for the meeting of the regular ses
sion ; that this extra session must terminate
previous to the third Monday in November
when the regular session is to begin. And now
I beg leave to ask the Senator from Mecklen
burg when the regular session required by law
will begin, if you repeal the law requiring the
Legislature to meet on the third Monday in No
vember ? It is declared in the constitution that
the sessions shall be held biennially. We are
going then to repeal the very law which he con
tends wo are under all circumstances bound to
obey.
Mr. Caldwell. The Senator from Ruth
erford does net -anderstand my position. I hold
j - that this is a session of the General Assembly
and that by repealing the law which requires
the Legislature to meet on the third Monday in
November it becomes a biennial session.
Mr. Btxuit: It appears the Senator does
not exactly understand his own position. I
think he has got somewhat confused as to what
is tho meaning of a session. Novtiheposition
assumed by the Senator from Guilford and to
which the Senator from Rutherford replied was
this, that tho call of the Governor, in pursuance
of the authority vested in him, of this .meeting
of the General Assembly, constituted it a bien
nial session. The Senator from Mecklenburg
obiectcd to that position and said it was not cor
rect. Well now he argues that this law which
fixes the time of meeting must be repealed, and
he leaves us then without a law requiring the
holding of the re;nilar session according to the
provision of the constitution. Now, Sir, it oc
curs to me that this is a question about which
gentlemen have not yet informed themselves
sufficiently to make up a clear opinion, and if
this law takes effect, it can only be at last a law
that we are to repeal and is only for the purpose
of removing a grievance which can arise only
on the third Monday m JNovember. 1 see no
reason then why this bill should be pressed up
on the consideration ot the Senate at this time.
I can see no reason in the world why we should
pass it. And the Senator also speaks of con
stitutional scruples which exist in the minds of
8omo gentlemen on this subject, and he asks
what harm can it do to pasa this bill. I say if
his argument ia correct it does this harm, it
i.t -. i
lsaves us unaer tne necessity oi providing Dy
law for the holding of a session of the Legisla
ture which the constitution requires us. to hold.
If, Sir, the position that this is a separate and
distinct session De irue, ana tnat u we remain
here we must begin a new session on the third
Monday in November, then I think the proper
conclusion and the only conclusion at which
any ono can arrive is, that this, being an extra
session and not tne regular session, n you re
peal the law which requires the regular session
to commence on the third Monday in Novem
ber, you leave us without any law for holding
the session which the constitution requires ?
But I think any one who examines the mat
ter can have no difficulty in coming to a conclu
sion respecting it. By what power are you re
quired to meet on the third Monday in Novem
ber ? It is by an act of the Legislature. Well
now this session is called. If we go on it only
constitutes one session. That is the only con
struction to be put upon it. And that is 1
think the proper construction. ' That we are in
session now there is no doubt. That this Gen
eral Assembly called by the Governor is in ses
sion I think there is no dpubt ; and if we eo on
until after the 'third Monday in November it
will most assuredly continue to be one and the
same session. But, Sir, the construction which
has been contended for and with very great pro
priety by the Senator from Guilford is confirm
ed by the fact, that in the very same law which
directs the meeting of the Legislature to take
Slace on the third Monday in November, it is
eclared that the Governor, by the advice of the
council of the State, may call the General As
sembly together at an earlier period if necessa
ry. What is the meaning of that ? 'If he calls
them together at an earlier period and the ses
sion runs on, is not that a compliance with the
law f I will therefore, in order to give gentle
men on opportunity to examine into the ques
tion, move that the further consideration of this
bill be postponed until the first .Monday in No
vember next. I cannot for my part conceive how
any of us can-be influenced in our vote upon
this question except by a desire to do what is
right ; and if I should hereafter become satisfi
ed that the commencing of a new Bession on the
third Monday in November is necessary in or
der to remove all difficulty, I am perfectly wil
ling to accede to that course. But I can -at
present see no necessity whatever for repealing
the law ; when every one is aware that before
we adjourn we must re-enact it, because if you
repeal it you leave us without any time fixed
by law for holding the session of the Legisla
ture as required by the constitution.
The question being put on the motion to
postpone the further consideration of the bill
until the first Monday in November, it was, up
on a division, ayes 25, noes not counted, deci
ded in the affirmative.
HOUSE OF COMMONS.
Friday, Oct. 15th, 1852.
A message was recieved from the Senate a
greeing to the porposition to print ten copies of
the Governor's Messege for the use of each mem
ber. Mr. S. P. Hill submitted a resolution making
a reference of the different parts of the Gover
nor's message to appropriate committees; which
was adopted. The subject of Free Suffrage and
amendments to the Constitution was refered to
a select Committee of seven, as proposed in Mr.
Leach's resolution, this having been accepted
by Mr. Hill as a substitute for the one offered by
him. . " '
Mr. Harris, of Cabarrus, presented two mem
orials one from 817 citizens of Iredell county,
against the proposed division of said county ;
and the other from 120 citizens of Rowan, in
reference to a Plank Road. They were appro
priately referred. ' ' . ' "
Leave of absence for eight days was granted
to Mr. Christmas, of Warren ; and until Tuesday
next to Mr. Williams, of the same countv.
un motion oi iar.- w ebn,- a message was sent
iu uio ocuiire jji upvBiug w raise joint
abolishing the same, and to report by bill or
otherwises - " --"
On motion of Mr; Chestnut, the committee on
the Judiciary was instructed to inquire into the
expediency 'of . enacting a law authorizing the
County Courts to compensate Justices of the
Peace for taking tho tax list.
Qn motion of Mr. Phillips, the committee' on
Finance was instructed to laquire' into the ex
pediency of so amending Section 10 of Chapter
102 of the Revised Statutes, in reference to
licensing pedlars of goods, wares or Merchan
dize, as to provide that upon the payment of$50
to the county in which the licence is taken out
they may be permitted to peddle in every coun
ty in the State for the term of one year thereaf
ter. And on his motion, the Committee on the Ju
diciary was instructed to inquire into the pro-
VJ "Y? oenate, to consider oi have Uected,. Bv nassin- resolutions
we u.vKnvi vm lucuuuilt UltJ lUlllUU law. or OI
priety of giving Courts of Law jurisdiction
over sales of land for purposes of partition
Mr. W. E. Hill introduced a bill to a.'nm,
th ink mu u 'to amend
vised KtOfiitoe. n:iij.n..t -
-. rcv,uuu ui ius -xui vuupter oi the
and punishments. Passed first reading and n.
ferred to the committee on the Judiciar'y.
Mr. Carmichael introduced a bill to attarK
portion of the county of Wilkes to the countv 0f
Alexander; which passed its first readinB ,
was referred to the committee on Proposition,
and Grievances. .... - 3
Mr. Cherry presented a resolution to send a
message to the Senate, proposing to raiso a ioint
select Committee of five on the part of the lioU"
and three on the part of the Senate, to be calle,?
the Committee on the Swamp Lands, with p0w
er to send for persons and papers.
' Mf-; Avery suggested to the gentleman from
Bertie the propriety of Jaying the resolution on
the table for the present. As it was a somewb J
extraordinary proceeding in our legislation to
empower a committee to send for persons and
papers; and as it might be attended with con
siucrauie expense, no inougnt it advisable
to
give me memoers some time to look
matter.
into the
Mr. Cherry thought the gentleman from Burko
was unnecessarily alarmed about the expense
He thought it probable that the committee
might find it important to examine some per
sons In .the. .city, to get the information which
was desirable, and they should have power to
compel their attendance. He questioned wheth
er it would be necessary to send to a distance
for any. The Swamp Lands were valuable to
the State, and the proceeds were to become a
part of the Literary Fund. To his knf.wdpo
trespasses had been committed upon some of
the best portions of the land, and he thought it
the duty of the Legislature to look into tho'mat
ter and provide some means for protecting it
Mr. Avery was fully aware of the importance
of this land, and fully approved of the purpose
which the gentleman had in view. His atten
tion was called to this matter of a trespass up
on the land at the last session, and it was
thought that the Literary Board would devise
measures for protecting it. But there may be
much expense attending the adoption of the
resolution ; and as a delay of a few days could
do no injury, he preferred having some time to
get information in regard to it.
Mr. Spruill made a few remarks in favor of
the resolution. He stated that he lived in that
part of the State where the lands lie that the
trespasses were frequently committed, and by
persons, in most cases, insolvent, so that no
remedy could be had against them. If mea
sures were not speedily taken to prevent these
trespasses, gentlemen would find that the best
timber had been removed. He hoped the reso
lution would be adopted.
Mr. Avery then moved that the resolution bo
laid on the table ; but the motion did not
vail.
pre-
The
question was then taken on the
rosolu-
tion, and it was adopted.
Mr. Smith introduced a bill concerninf tho
embankment of loV grounds ; which passed its
first reading, and was referred to the Committee
on the Judiciary. Provides for condemning
land for embankments to prevent overflows.
Mr. D. F. Caldwell introduced a bill to incor
porate the Gresnsborough Life Insurance and
Trust Company ; which passed its first reading,
was laid on the table and ordered to be printed.'
Mr. Albertson introduced a bill to facilitate
the trial of civil causes in certain cases : which
pased first reading, and was referred to the
committee on the Judiciary.
Mr. McDugald introduced a bill to amend tho
1st section of the 86th chapter of the Revised
Statutes, entitled an act concerning the appoint
ment and duties of a patrol in each county. Pas
sed first reading, and referred to the committeo
on the Judiciary.
The Speaker announced the following com
mittees :
On Corporations. Messrs. D. F. Caldwell,
Christmas, Perkins, Chestnut, and Matthews.
On joint Committee to prepare a skeleton
Map Messrs. Amis and McNeill.
Mr. Puryear, from the committee to which
was referred the resolution in favor of Jas. W.
Lowe, Sheriff of Lincoln, reported the same
back to the House and recommended its pas-'
sage. ,
Mr. McNeill said he had great respect for tho
Committee, and regretted that he felt compelled:
to differ from their views, but ho hoped the re-',
solution would be rejected. It was a bad pre-;
cedent, and he desired that a stop should be put j
to it. The law has already made provisions to'
enable a Sheriff to collect the taxes, and if ho
fails to comply with itr he ought to suffer tho
consequences. By passing this resolution, they
would, perhaps, have applications for similar
ones from fifty out of the eighty Sheriffs in the
State ; and it is placing in the hands of Sheriffs
the power to harrass and perplex the people.
He could not swear that he had paid his tax for
1848, (as provided for in a bill before the House,)
nor did ho suppose he could produce the She
riff's receipt for that year, as he was not partic
ular in keeping tbem ; and yet he presumed ho
had paid it, or the Sheriff would have called on
him for it.
Mr. Lander said the resolution was local in
its character, and could not affect the people in
any other county than that of Lincoln. Tha
people of his county would not be opposed to it.
Xhe Sheriff, during scarce years, had indulged
the people ; and now that the time allowed bv
law, in which the tax must be collected, had ex-
rured, some of them refuse to pay. This reso
utioru simply authorises him to collect the ar
rearagesWof taxes due him. Similar resolutions
had frequently passed the Legislature.
Mr-McJNeill replied that he was aware that
there were precedents on both sides. Applica
tion was made some years back for a similar
resolution in favor of the Sheriff of Robeson
county, which was rejected with great difficulty
by the efforts of th members from that county ;
and, as he believed, its rejection prevented a se
rious disturbance in that county.
Mr. Amis, of Granville, thought the gentle
man from Robeson, (Mr. McNeill,) was certain
ly right in his views. In addition- to what Mr.
McNeill had urged, it struck him that the pas
sage of this resolution would be interfering with
the obligations of a contract. The debt was in
curred under the-law as it now stands, and hav
ing failed to collect it as provided for by that
law, tha Sheriff now asks the Legislature to
make another law for Jiis benefit. Whatever
may have been the action of the Legislature
heretofore in similar cases, he thought the res
olution ought to be rejected.
Mr, Wheeler supported the resolution. Jfo
did not think it impaired the obligation of a con
tract, or was unconstitutional in its effect. " Tho
latter day saints were wiser than thoso in form
er times.' He could show one hundred prece
dents of asimilar kind. If the Sheriff had been
a hard-hearted, close-fisted man, he would havo
collected the tax under tho law; but he would -
not oppress the poor, and take the bread out of
the mouth of the wife, the little children, or tho
horse. The times were hard, and many wero
unable to pay their tax ; and the Sheriff, being
kind-hearjjed, indulged them. He hoped, there-
tore, tne resolution would pass.
AlrJMiis replied briefly. . He remarked tni
rill chose to indulge them, he ought
could
of this
kind having a retrospective effect, they would
destroy all confidence in the certainty of tho
law ;: and the glory of the law is its certainty.
' Mr. Miller, of Caldwell, opposed the resolu
tion, and presented some views similar to those,
advanced by Mr. Amis.
Mr. Lander replied to Mr. Amis, He said
he did not suppose there could bo any serious
doubt about the constitutionality of the resolu
tion ; and adduced, as evidence to sustain his
position, the fact that laws had frequently been
passed to extend the time for registering deeds
and grants. -
Mr. Phillips made a few remarks in reply to
Mr. Lander. In reference to tho deeds and grant?,
he said he presumed it would be found that the
laws had been passed before the two years had
expired in which they were to be registered
that they only enlarged the timo upon deeds
I if'
! ? IIons,e have taken their notes Sr oonds. which be
7 t m nn.vA inn a it in n. TirnnAr xrav. n o
"V