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. 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